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2021.09.07_City Council Agenda
PUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL Council Chambers Old Central Building 109 North Birch, Owasso, OK Tuesday, September 7, 2021 - 6:30 PM NOTE: APPROPRIATE ACTION may include, but is not limited to: acknowledging, affirming, amending, approving, authorizing, awarding, denying, postponing, or tabling. AGENDA 1. Call to Order RECEIVED Mayor Bill Bush SEP 02 20215 2. Invocation City Clerk's Office Pastor Casey Cariker of Rejoice Church y 3. Flag Salute 4. Roll Call 5. Presentation of a Proclamation declaring September as Hunger Action Month Mayor Bill Bush 6. Presentation of the Character Trait of Persuasiveness Warren Lehr, City Manager 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 - August 17, 2021, Regular Meeting B. Approve claims C. Accept the Assistance to Firefighters Grant Award in the amount of $16,836.00, and approve a budget amendment in the General Fund, increasing the estimated revenue and the appropriation for expenditures in the Fire Department by $16,836.00 D. Approve the 2021 Community Development Block Grant (CDBG) Contract in the amount of $272,303.00 for the 2021 CDBG Hale Acres Sanitary Sewer Line Rehabilitation Project and authorize execution of necessary documents E. Accept public infrastructure improvements of a public sidewalk located at 13512 East 1 16th Street North F. Accept the Elm Creek Park Parking Lot 2021 Project and authorize final payment to Magnum Construction of Broken Arrow, Oklahoma, in the amount of $86,536.75 8. Consideration and appropriate action relating to items removed from the Consent Agenda 9. Consideration and appropriate action relating to Resolution 2021 -21, an amendment to the list of Capital Improvement Projects eligible for funding from the Capital Improvements Fund to include East 76th Street north and US 169 Bridge /Interchange improvements Teresa Willson Staff recommends approval to Resolution 2021 -21. Owasso City Council September 7, 2021 Page 2 10. Consideration and appropriate action relating to an agreement for professional services for the Vision 2025 Sports Park Infrastructure Improvement Project Larry Langford Staff recommends approval of the Professional Services Agreement with GH2 Architects, of Tulsa, Oklahoma, in the amount of $53,451.00, and authorization to execute the agreement. 11. Consideration and appropriate action relating to a Project Maintenance, Financing, and Right -of -Way Agreement for the East 86 +h Street North Rehabilitation Project from North 118rh East Avenue to North 128th East Avenue Dwayne Henderson Staff recommends approval of the Project Maintenance, Financing, and Right -of -Way Agreement between the City of Owasso and Oklahoma Department of Transportation (ODOT) in an estimated amount of $1,352,000.00 (ODOT's share being $957,000.00) and authorization to execute the agreement. 12. Consideration and appropriate action relating to an Oklahoma Natural Gas invoice for the relocation of gas facilities for the East 116th Street North and Garnett Road Intersection Improvement project Daniel Dearing Staff recommends authorization for payment to Oklahoma Natural Gas Company in the amount of $295,266.00. 13. Consideration and appropriate action relating to lease agreements for various city fleet vehicles Chris Garrett Staff recommends approval of an Open -End (Equity) Lease from Enterprise Fleet Management, Inc., of Clayton, Missouri, for a lease period of forty -eight months, contingent upon annual appropriations by the City Council, and authorization to execute the necessary documents for the following vehicles: Vehicle One (1) 2022 Nissan Altima One (1) 2022 Nissan Sentra Four (4) 2022 Chevy Equinox One (1) 2022 Chevy Traverse Three (3) 2022 Chevy Malibu 14. Report from City Manager • Monthly Public Works Project Status Report 15. Report from City Attorney 16. Report from City Councilors Monthly Lease $358.82 $318.95 $437.06 (each) $509.36 $351.24 (each) 17. Official Notices (documents for acknowledgment of receipt or information only, no discussion or action will be taken) • Payroll Payment Report - Pay Period Ending Date August 14, 2021, and August 28, 2021 • Health Care Self- Insurance Claims - dated as of August 31, 2021 • Fiscal Year Ending 2021 Annual Financial Report Tax Increment District No. 1, City of Owasso (Redbud TIF District) Owasso City Council September 7, 2021 Page 3 18. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 19. Adjournment Notice of Public Meeting filed in the office of the City Clerk on Friday, December 11, 2020, and the Agenda posted at City Hall, 200 South Main St t, at 600 pm on Thurs 1y, September 2, 2021. J I ann M. Stevens, Cit Clerk 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@cityoLowosso.com The City of Owasso, Oklahoma WHEREAS, In the United States, before the pandemic, over 35 million people struggled with food insecurity, including 10.7 million children; and, WHEREAS, according to Feeding America, 1 in 6 Oklahomans and an astounding 1 in 4 children are not sure where they will get their next meal; and, WHEREAS, many organizations, agencies, and nonprofit groups are dedicated to providing much needed assistance to families in Owasso as the current pandemic has brought many families to the brink of financial hardship where they have found it necessary to seek assistance for basic needs including food, toiletries, and financial assistance; and, WHEREAS, together we can raise awareness and act to support hunger relief efforts by supporting resource organizations who have served a record number of families and will continue to meet the needs of thousands of families each and every month. NOW, THEREFORE, I Bill Bush, by virtue of the authority vested in me as Mayor of the City of Owasso, do hereby proclaim the month of September, as: Month And further encourage citizens to assist our local helping organizations through donations of food items, volunteering, or advocating for the end of hunger in our community, state, and nation. IN WITNESS THEREOF, I, have hereunto set my hand and caused the seal of the City of Owasso to be affixed this 5`h day of August, 2 02 1. Bill Bush, Mayor OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, August 17, 2021 The Owasso City Council met in regular session on Tuesday, August 17, 2021, in the Council Chambers at Old Central, 109 North Birch, Owasso, Oklahoma per the Notice of Public Meeting filed Friday, December 11, 2020; 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 Thursday, August 12, 2021. 1. Call to Order Mayor Bill Bush called the meeting to order at 6:30 pm. 2. Invocation The Invocation was offered by Assistant Pastor David Copeland of Owasso Pentecostal. 3. Flag Salute Councilor Lyndell Dunn led the flag salute. 4. Roll Cali Present Absent Mayor- Bill Bush Councilor- Alvin Fruga Vice Mayor- Kelly Lewis Councilor - Doug Bonebrake Councilor - Lyndell Dunn A quorum was declared present. Staff: City Manager - Warren Lehr Acting City Attorney- Beth Anne Childs 5. 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 - August 3, 2021, and August 10, 2021, Regular Meetings B. Approve claims C. Accept public infrastructure improvements of a concrete approach and sidewalk located at North 135th East Avenue between East 106th Street North and East 116th Street North Mr. Bonebrake moved, seconded by Ms. Lewis to approve the Consent Agenda, as presented with claims totaling $395,414.20. YEA: Bonebrake, Dunn, Lewis, Bush NAY: None Motion carried: 4 -0 S. Consideration and appropriate action relating to items removed from the Consent Agenda None PUBLIC HEARING - The City Council will conduct a public hearing for the purpose of receiving citizen input on a proposed amendment to the list of Capital Improvement Projects eligible for funding from the Capital Improvements Fund to include East 76th Street North and US 169 Bridge /Interchange improvements Teresa Willson and Roger Stevens presented the item. At 6:44 pm, the Mayor opened the Public Hearing for comment. There were no comments from the audience. At 6:45 pm the Mayor closed the Public Hearing. Owasso City Council August 17, 2021 Page 2 8. Consideration and appropriate action relating to Ordinance 1182, approving a Planned Unit Development (OPUD 21 -02) for 33.97 acres located at the southeast corner of the East 96th Street North and North Garnett Road intersection, and approving the rezoning (OZ 21 -05) of said property from Agriculture (AG) to Commercial Shopping (CS) and Residential Neighborhood Mixed (RNX) Alexa Beemer presented the item recommending adoption of Ordinance 1182. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Ms. Lewis to adopt Ordinance 1182, as recommended. YEA: Bonebrake, Dunn, Lewis, Bush NAY: None Motion carried: 4 -0 9. Consideration and appropriate action relating to Ordinance 1183, closing to the public use two (2) drainage easements located within a portion of the Garrett Creek Center Phase II development, south of East 116th Street North, on the west side of North 135th East Avenue, and according to Recorded Plat No. 6054 and Plat No. 6801 Alexa Beemer presented the item recommending adoption of Ordinance 1183, There were no comments from the audience. After discussion, Ms. Lewis moved, seconded by Mr. Dunn to adopt Ordinance 1183, as recommended. YEA: Bonebrake, Dunn, Lewis, Bush NAY: None Motion carried: 4 -0 10. Consideration and appropriate action relating to a renewal agreement with Grand Gateway Economic Development Authority for Pelivan Transit services Josh Quigley presented the item, recommending approval of the Purchase of Service Agreement with Grand Gateway Economic Development Association ( Pelivan Transit) of Big Cabin, Oklahoma, in the amount of $51,000.00, and authorization to execute the agreement. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Ms. Lewis to approve and authorize execution of the agreement, as recommended. YEA: Bonebrake, Dunn, Lewis, Bush NAY: None Motion carried: 4 -0 11. Consideration and appropriate action relating to the acceptance and final payment of the Owasso Sports Park Detention Pond and Mitigation Project Earl Farris presented the item, recommending acceptance of the Owasso Sports Park Detention Pond and Mitigation Project, and authorization for final payment to Cherokee Builders, Inc., of Tulsa, Oklahoma, in the amount of $215,952.99. There were no comments from the audience. After discussion, Ms. Lewis moved, seconded by Mr. Bonebrake to accept the project and authorize final payment, as recommended. YEA: Bonebrake, Dunn, Lewis, Bush NAY: None Motion carried: 4 -0 12. Consideration and appropriate action relating to an agreement for engineering services for miscellaneous stormwater and erosion control projects Dwayne Henderson presented the item, recommending approval of the Agreement for Engineering Services with Meshek & Associates, LLC, of Tulsa, Oklahoma, in the amount not to exceed $50,000.00 and authorization to execute the agreement. Owasso City Council August 17, 2021 Page 3 There were no comments from the audience. After discussion, Mr. Dunn moved, seconded by Mr. Bonebrake to approve and authorize execution of the agreement, as recommended. YEA: Bonebrake, Dunn, Lewis, Bush NAY: None Motion carried: 4 -0 13. Consideration and appropriate action relating to proposed project sites for the Annual Street Rehabilitation Program Roger Stevens presented the item, recommending approval of the 2022 Street Rehabilitation Program priority project sites. There were no comments from the audience. After discussion, Mr. Dunn moved, seconded by Mr. Bonebrake to approve the project sites, as recommended. YEA: Bonebrake, Dunn, Lewis, Bush NAY: None Motion carried: 4 -0 14. Report from City Manager Warren Lehr reported on Owasso Day at Tulsa Driller's Stadium to be held August 20, 2021. 15. Report from City Attorney None 16. Report from City Councilors Councilor Bonebrake commented on the Police Department's traffic control efforts as school is now back in session. 17. Official Notices (documents for acknowledgment of receipt or information only, no discussion or action will be taken) The Mayor acknowledged receipt of the following: • Payroll Payment Report - Pay Period Ending Date July 31, 2021 • Health Care Self- Insurance Claims - dated as of August 12, 2021 • Monthly Budget Status Report - July 2021 • Oklahoma Department of Environmental Quality Permit No. SL000072210551 for Hawk's Landing Sanitary Sewer 18. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) None 19. Adjournment Mr. Dunn moved, seconded by Ms. Lewis to adjourn the meeting. YEA: Bonebrake, Dunn, Lewis, Bush NAY: None Motion carried: 4 -0 and the meeting adjourned at 7:48 pm. Bill Bush, Mayor Juliann M. Stevens, City Clerk Claims List - 9/7/2021 Fund Vendor Name Payable Description Payment Amount 01 GENERAL PDG INC. FUNTASTIC ISLAND $1,170.00 FUNTASTIC SPLASH PAD -Total AMAZON -MEMB FEE $1,170.00 AEP /PSO ELECTRIC USE $293.28 DALE & LEES SERVICE INC AC REPAIR & MAINTENANCE $183.00 JPMORGAN CHASE BANK AMAZON- SUPPLIES $918.54 JPMORGAN CHASE BANK EMBLEM ENT - PATCHES $411.36 JPMORGAN CHASE BANK EPIC - FURNITURE $273.99 JPMORGAN CHASE BANK GALLS - UNIFORM $244.61 JPMORGAN CHASE BANK HOBBY LOBBY - SUPPLIES $36.53 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $247.16 JPMORGAN CHASE BANK LOWES- SUPPLIES $21.98 JPMORGAN CHASE BANK MED VET - SUPPLIES $150.50 JPMORGAN CHASE BANK MIDWEST VET - SUPPLIES $29.24 JPMORGAN CHASE BANK PETSMART- SUPPLIES $200.35 JPMORGAN CHASE BANK PLATINUM PROTECT -SVC $180.00 JPMORGAN CHASE BANK SEW IT- TAILORING $103.50 JPMORGAN CHASE BANK TIME2SHINE- SUPPLIES $49.99 JPMORGAN CHASE BANK TJ MAXX- SUPPLIES $12.99 JPMORGAN CHASE BANK TROYTDVM -SVC $300.00 JPMORGAN CHASE BANK WALMART- SUPPLIES $61.82 JPMORGAN CHASE BANK WESTERN ENG- SUPPLIES $119.87 JPMORGAN CHASE BANK WOODLAND -SVC $66.49 ROSERUSH SERVICES LLC SOFTWARE LICENSING $1,050.00 VERIZON WIRELESS WIRELESS CONNECTION $80.02 GEN ANIMAL CONTROL -Total $5,035.22 AEP /PSO ELECTRIC USE $20.72 UNIFIRST HOLDINGS LP UNIFORM SERVICES $30.60 GEN CEMETERY -Total $51.32 JPMORGAN CHASE BANK DOLLAR TREE - SUPPLIES $21.00 JPMORGAN CHASE BANK PARKS- COFFEE $23.29 JPMORGAN CHASE BANK SAMS- SUPPLIES $69.05 GEN COMM CTR DONATIONS -Total $113.34 AEP /PSO ELECTRIC USE $1,632.29 JPMORGAN CHASE BANK AMAZON -MEMB FEE $12.99 JPMORGAN CHASE BANK AMAZON- SUPPLIES $321.79 JPMORGAN CHASE BANK AMAZON -WIPES $23.04 JPMORGAN CHASE BANK CINTAS- SUPPLIES $1,419.51 JPMORGAN CHASE BANK COX -WIFI $69.00 JPMORGAN CHASE BANK DELL - COMPUTERS $3,927.24 JPMORGAN CHASE BANK DELL -PC $1,305.54 JPMORGAN CHASE BANK DOLLAR GENERAL - SUPPLI $6.54 1 Claims List - 9/7/2021 Fund Vendor Name Payable Description Payment Amount 01 GENERAL JPMORGAN CHASE BANK EBAY -PC EQUIP $296.76 JPMORGAN CHASE BANK HOBBY LOBBY - SUPPLIES $56.95 JPMORGAN CHASE BANK L &W -TILES $516.76 JPMORGAN CHASE BANK LOCKE -LIGHT $1,178.10 JPMORGAN CHASE BANK LOWES - SUPPLIES $114.76 JPMORGAN CHASE BANK LOWES- VACUUM $219.97 JPMORGAN CHASE BANK MICHAELS- SUPPLIES $14.85 JPMORGAN CHASE BANK MYSRCENTER -SVC FEE $900.00 JPMORGAN CHASE BANK OFFICE DEPOT - FURNITUR $534.97 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $24.41 JPMORGAN CHASE BANK QUIT BUGGIN -PEST CONT $95.00 JPMORGAN CHASE BANK SAMS -MEMB FEE $45.00 JPMORGAN CHASE BANK SAMS- SUPPLIES $75.10 JPMORGAN CHASE BANK WALMART- CHAIRS $823.35 SUMNERONE INC CONTRACT BASE RATE $151.00 SUMNERONE INC CONTRACT OVERAGE $89.11 GEN COMMUNITY CENTER -Total $13,854.03 FELKINS ENTERPRISES LLC APPROVAL STICKERS $160.00 HAROLD RANDALL PINNEY MOWING $200.00 HAROLD RANDALL PINNEY MOWING AND CLEANING $200.00 HAROLD RANDALL PINNEY MOWING /CLEANING $400.00 JPMORGAN CHASE BANK AMAZON - LAPTOP UPGRADE $32.49 JPMORGAN CHASE BANK CDW- PRINTER PAPER $44.39 JPMORGAN CHASE BANK FASTSIGNS - LETTERING $8.00 JPMORGAN CHASE BANK GRAPHIC RES- SUPPLIES $116.13 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $61.57 JPMORGAN CHASE BANK PIKEPASS -FEES $3.80 JPMORGAN CHASE BANK STAPLES- SUPPLIES $62.46 KENNETH LIVINGSTON MOW / BRUSHHOG /WEEDEAT $800.00 KENNETH LIVINGSTON MOW / WEEDEAT $300.00 TREASURER PETTY CASH FILING FEES ($13.00) VERIZON WIRELESS WIRELESS CONNECTION $402.76 GEN COMMUNITY DEVELOPMENT -Total $2,778.60 JPMORGAN CHASE BANK 2ND GEN -KEYS $34.90 JPMORGAN CHASE BANK ALL MAINT - SUPPLIES $340.25 JPMORGAN CHASE BANK ALL PRO -TREE SVC $1,500.00 JPMORGAN CHASE BANK AMAZON- SUPPLIES $72.50 JPMORGAN CHASE BANK CORNERSTONE - BLADES $29.90 JPMORGAN CHASE BANK FAIRWAY LAWNS -SVCS $108.00 JPMORGAN CHASE BANK GRAINGER -PARTS $49.02 JPMORGAN CHASE BANK HOME DEPOT -PARTS $159.86 2 Claims List - 9/7/2021 Fund Vendor Name Payable Description Payment Amount 01 GENERAL JPMORGAN CHASE BANK LOWES- CONNECTOR $5.98 JPMORGAN CHASE BANK LOWES -PAINT $52.72 JPMORGAN CHASE BANK LOWES- SUPPLIES $87.26 JPMORGAN CHASE BANK LOWES -WALL ANCHORS $16.40 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $52.79 JPMORGAN CHASE BANK P &K -BLADE SET $60.36 JPMORGAN CHASE BANK SPRING CREEK - PLANTS $416.00 JPMORGAN CHASE BANK WORLEY$- FLOWERS $119.55 JPMORGAN CHASE BANK WORLEYS- INSECTICIDE $19.99 UNIFIRST HOLDINGS LP REDBUD FACILITIES STAFF U $48.60 GEN CULTURE & RECREATION -Total GENERAL LEGAL SERVICES $3,174.08 VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN ECONOMIC DEV -Total AMER WASTE- RENTAL $40.01 AEP /PSO ELECTRIC USE $76.49 AT &T CONSOLIDATED PHONE $11.77 VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN EMERG PREPAREDNESS -Total $128.27 GRAPHIC RESOURCES & REPRODUCTION REPAIR $155.07 JPMORGAN CHASE BANK NEARMAP- RENEWAL $2,000.00 UNIFIRST HOLDINGS LP UNIFORM SERVICES $49.38 UNITED STATES CELLULAR PW MONTHLY CELL PHONE $50.15 CORPORATION SOFTWARE AGREEMENT $320.00 VERIZON WIRELESS WIRELESS CONNECTION $80.02 GEN ENGINEERING -Total $2,334.62 JPMORGAN CHASE BANK AMAZON- SUPPLIES $57.05 JPMORGAN CHASE BANK GFOA- TRAINING $135.00 JPMORGAN CHASE BANK HOME DEPOT - SHELVES $359.98 SUMNERONE INC COPIER SERVICES $46.68 WYCOM SYSTEMS SOFTWARE AGREEMENT $320.00 GEN FINANCE -Total $918.71 AEP /PSO ELECTRIC USE $5,129.05 AT &T CONSOLIDATED PHONE $3,132.81 CITY OF OWASSO GENERAL LIABILITY SELF -IN $150,000.00 HALL, ESTILL, HARDWICK, GABLE, GENERAL LEGAL SERVICE FEE $110.00 HALL, ESTILL, HARDWICK, GABLE, GENERAL LEGAL SERVICES $55.00 INCOG 1ST QUARTER DUES $1,634.75 JPMORGAN CHASE BANK AMER WASTE- RENTAL $91.76 JPMORGAN CHASE BANK STANDSANDMOUNTS -PODIU $2,552.65 JPMORGAN CHASE BANK STAPLES - SUPPLIES $67.98 MCAFEE & TAFT LEGAL $137.50 MCAFEE & TAFT LEGAL-PERSONNEL $220.00 3 Claims List - 9/7/2021 Fund Vendor Name Payable Description Payment Amount 01 GENERAL PROSTAR SERVICES INC COFFEE SUPPLIES $80.39 TREASURER PETTY CASH FILING FEE - REFUND ($17.00) VERIZON WIRELESS WIRELESS CONNECTION $41.34 ZENCITY TECHNOLOGIES US CONTRACT RENEWAL $19,200.00 GEN GENERAL GOVERNMENT -Total INDEED - ADVERT $182,436.23 AEP /PSO ELECTRIC USE $189.45 GEN HISTORICAL MUSEUM -Total NEXTIVA -FAX PORTAL $189.45 JPMORGAN CHASE BANK SAV ON - BANNERS $440.00 GEN HR - CHAR INITIATIVE -Total $440.00 COMMUNITYCARE EAP EAP $450.84 ICON ENTERPRISES, INC CIVIC -HR APPLICANT $3,675.00 JPMORGAN CHASE BANK CANVA -SUB FEE $179.87 JPMORGAN CHASE BANK FASTSIGNS- DECALS $140.00 JPMORGAN CHASE BANK INDEED - ADVERT $440.36 JPMORGAN CHASE BANK MOODY PUBLISH -EMPL DE $155.02 JPMORGAN CHASE BANK NEXTIVA -FAX PORTAL $72.20 JPMORGAN CHASE BANK STRATEGIC -EMPL DEV $19.00 GEN HUMAN RESOURCES -Total $5,132.29 AT &T CONSOLIDATED PHONE $20.01 AT &T MOBILITY PUBLIC SAFETY WIRELES $83.35 CHICKASAW TELECOM INC EMERGENCY RESPONDER FOR $5,147.16 JPMORGAN CHASE BANK 9 $577.80 CHICKASAW TELECOM INC IT -MDM SOFTWARE $3,512.25 CHICKASAW TELECOM INC SYNAPPS PAGING SYSTEM FOR $3,041.25 JPMORGAN CHASE BANK AMAZON- SUPPLIES $29.87 JPMORGAN CHASE BANK COMM RESPONSE -ALARM R $1,320.00 JPMORGAN CHASE BANK COX -PHONE FEE $1,690.26 JPMORGAN CHASE BANK COX -TIP TRUNK SVC $667.75 JPMORGAN CHASE BANK DELL -PARTS $59.94 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $11.34 JPMORGAN CHASE BANK NEARMAP- RENEWAL $1,000.00 JPMORGAN CHASE BANK PIKEPASS -FEES $10.15 JPMORGAN CHASE BANK USPS- SHIPPING $3.01 VERIZON WIRELESS WIRELESS CONNECTION $200.05 GEN INFORMATION TECH -Total $16,796.39 AARTVARK GRAPHIC DESIGN LLC KEY TO THE CITY $365.00 JPMORGAN CHASE BANK ALLIANZ -FEE $24.22 JPMORGAN CHASE BANK ALLIANZ- REFUND ($24.22) JPMORGAN CHASE BANK AMERICAN- AIRFARE $577.80 JPMORGAN CHASE BANK AMERICAN- REFUND ($288.90) JPMORGAN CHASE BANK MEETING EXPENSE $173.04 Fund 01 GENERAL Claims List - 9/7/2021 Vendor Name Payable Description Payment Amount JPMORGAN CHASE BANK PIKEPASS -FEES $6.60 JPMORGAN CHASE BANK SAMS- SUPPLIES $37.96 GEN MANAGERIAL -Total $871.50 JPMORGAN CHASE BANK AMAZON- SUPPLIES $17.26 JPMORGAN CHASE BANK COURSRA - TRAINING $49.00 JPMORGAN CHASE BANK DELL - LAPTOP $2,075.57 GEN MUNICIPAL COURT -Total SUPPLIES $2,141.83 AEP /PSO ELECTRIC USE $1,310.54 CITY OF OWASSO WATER $27,233.50 DILL, MARK LOCKSMITH SERVICES $111.80 FREDRICK COSTIN JR MOWING SERVICES $994.00 JPMORGAN CHASE BANK CORNERSTONE -EAR PLUGS $32.99 JPMORGAN CHASE BANK CORNERSTONE -LINE TRIM $1,058.99 JPMORGAN CHASE BANK CORNERSTONE - SUPPLIES $55.97 JPMORGAN CHASE BANK HOME DEPOT -MOTOR $111.00 JPMORGAN CHASE BANK LOCKE- STRAPS $18.39 MBE ENTERPRISES, LLC TREE PRUNING SERVICE ON P $800.00 PLAY BY DESIGN, INC. ADA SWING REPLACEMENT $2,744.00 ROGERS COUNTY RURAL WATER WATER SERVICE - CENTENNIA $376.91 DISTRICT UNIFIRST HOLDINGS LP PARKS STAFF UNIFORMS $47.16 VERIZON WIRELESS WIRELESS CONNECTION $40.01 WASHINGTON CO RURAL WATER WATER SERVICE - MCCARTY P $36.00 DISTRICT GEN PARKS -Total $34,971.26 AEP /PSO ELECTRIC USE $441.58 JPMORGAN CHASE BANK APCO - TRAINING $159.00 JPMORGAN CHASE BANK WALMART- PRISON BOARD $31.46 GEN POLICE COMMUNICATIONS -Total $632.04 BILL BASORE TRUCKING & EXCAVATION, JULY DIRT $108.34 GM LAWNCARE LLC MOWING $1,060.00 JPMORGAN CHASE BANK HARDHAT SFTY -PPE $34.79 SMITH GARDEN EQUIPMENT, INC SUPPLIES $62.06 UNIFIRST HOLDINGS LP UNIFORM SERVICES $169.53 VERIZON WIRELESS WIRELESS CONNECTION $80.02 GEN STORMWATER -Total $1,514.74 AT &T CONSOLIDATED PHONE $20.01 JPMORGAN CHASE BANK ALARM BILL SVC -FEE $90.00 JPMORGAN CHASE BANK CAMFIL- FILTERS $289.21 JPMORGAN CHASE BANK COX - INTERNET $69.95 JPMORGAN CHASE BANK DELL - COMPUTERS $1,309.08 5 Fund 01 GENERAL Claims List - 9/7/2021 Vendor Name Payable Description Payment Amount JPMORGAN CHASE BANK DELL -PC $435.18 JPMORGAN CHASE BANK EBAY -PC EQUIP $98.92 JPMORGAN CHASE BANK HOME DEPOT- SUPPLIES $42.33 JPMORGAN CHASE BANK LOCKE -AIR FILTERS $132.24 JPMORGAN CHASE BANK LOCKE- LIGHTS $515.34 JPMORGAN CHASE BANK LOCKE -SPOT LIGHT $182.00 JPMORGAN CHASE BANK LOWES- SUPPLIES $44.06 JPMORGAN CHASE BANK MURPHY - SUPPLIES $24.70 JPMORGAN CHASE BANK ROTOROOTER- SERVICE $182.00 JPMORGAN CHASE BANK SAMS- SUPPLIES $499.52 UNIFIRST HOLDINGS LP UNIFORM RENTAL $23.60 VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN SUPPORT SERVICES -Total $3,998.15 TREASURER PETTY CASH CC DEP FORF- GIESEKING ($50.00) TREASURER PETTY CASH CC DEP FORF - LIVING WO ($50.00) TREASURER PETTY CASH CC DEP FORF -SWIFT ($100.00) TREASURER PETTY CASH CC FORFT- CAMPBELL ($50.00) TREASURER PETTY CASH CC FORFT - CREAGER ($50.00) TREASURER PETTY CASH CC FORFT- JOHNSON ($50.00) TREASURER PETTY CASH CC FORFT- MILLER ($50.00) TREASURER PETTY CASH CC FORFT- PHILLIPS ($50.00) TREASURER PETTY CASH CC FORFT- PIERCE ($50.00) TREASURER PETTY CASH CC FORFT - REHLING ($50.00) TREASURER PETTY CASH CC FORFT - RUNYON ($50.00) TREASURER PETTY CASH CC FORFT- TURNER ($50.00) TREASURER PETTY CASH CC FORFT - WILMOTT ($50.00) TREASURER PETTY CASH CC REFUND - BLEVINS - $100.00 TREASURER PETTY CASH CC REFUND -BROWN $100.00 TREASURER PETTY CASH CC REFUND - BUXTON $50.00 TREASURER PETTY CASH CC REFUND - CARTER $50.00 TREASURER PETTY CASH CC REFUND - COLVURN $50.00 TREASURER PETTY CASH CC REFUND - CROWNOVER $50.00 TREASURER PETTY CASH CC REFUND- HOLTZHAUSEN $50.00 TREASURER PETTY CASH CC REFUND - MORALES $50.00 TREASURER PETTY CASH CC REFUND - TRAHAN $50.00 TREASURER PETTY CASH REF PERMIT- WALLACE $1,000.00 TREASURER PETTY CASH SP EVENT REF -YMCA $200.00 GENERAL -Total $1,050.00 JPMORGAN CHASE BANK AMAZON - LAPTOP UPGRADE $32.50 STRONG NEIGHBORHOODS -Total $32.50 GENERAL -Total $279,804.58 N Claims List - 9/7/2021 Fund Vendor Name Payable Description Payment Amount 20 AMBULANCE SERVICE JPMORGAN CHASE BANK AMERICAN -FEE $60.00 JPMORGAN CHASE BANK CORNERSTONE -TOOLS $102.98 JPMORGAN CHASE BANK HENRY SCHEIN - SUPPLIES $367.84 JPMORGAN CHASE BANK LIFE ASSIST - SUPPLIES $2,427.12 JPMORGAN CHASE BANK LIQUIDSPRING- SUPPLIES $215.72 JPMORGAN CHASE BANK LODGING EXPENSE $1,960.38 JPMORGAN CHASE BANK S ANESTHESIA- SUPPLIES $417.59 JPMORGAN CHASE BANK SUMNERONE -COPY SVC $33.44 JPMORGAN CHASE BANK TRAVEL EXPENSE $723.56 JPMORGAN CHASE BANK UBER -FEE $90.95 JPMORGAN CHASE BANK UPS - POSTAGE $22.44 JPMORGAN CHASE BANK ZOLL- SUPPLIES $4,175.04 MEDICLAIMS INC BILLING SERVICES $12,001.79 VERIZON WIRELESS WIRELESS CONNECTION $40.01 ZOLL MEDICAL CORP SUPPLIES $2,007.60 ZOLL MEDICAL CORP WARRANTIES $17,528.21 AMBULANCE -Total $42,174.69 TREASURER PETTY CASH SR AMB REF - THOMPSON $20.40 TREASURER PETTY CASH SR AMB REF - WALKER $20.40 TREASURER PETTY CASH SR AMB REF- ZIMMERMAN $20.40 AMBULANCE SERVICE -Total $61.20 AMBULANCE SERVICE -Total $42,235.89 21 E -911 AT&T CONSOLIDATED PHONE $276.24 COX COMMUNICATIONS MONTHLY SVC FEE T1 CIRCUI $244.39 INCOG E911 ANNUAL FEE $6,126.68 INCOG E911 SERVICE ADMIN FEES $8,273.56 JPMORGAN CHASE BANK APCO - TRAINING $30.00 JPMORGAN CHASE BANK DELL - COMPUTERS $2,618.16 JPMORGAN CHASE BANK DELL -PC $870.36 JPMORGAN CHASE BANK EBAY -PC EQUIP $197.84 VERIZON WIRELESS WIRELESS CONNECTION $40.01 E911 COMMUNICATIONS -Total $18,677.24 E -911 -Total $18,677.24 25 HOTEL TAX AEP /PSO ELECTRIC USE $20.72 JPMORGAN CHASE BANK GREAT STHRN -MAINT FEE $750.00 JPMORGAN CHASE BANK MEETING EXPENSE $57.14 JPMORGAN CHASE BANK NEARMAP- RENEWAL $2,500.00 TREASURER PETTY CASH MEETING EXPENSE $25.00 TREASURER PETTY CASH REIM TRAVEL - LEVOFEARY $150.08 HOTEL TAX ECON DEV -Total $3,502.94 7 Claims List - 9/712021 Fund Vendor Name Payable Description Payment Amount 25 HOTEL TAX JPMORGAN CHASE BANK AMAZON- LAPTOP UPGRADE $144.48 JPMORGAN CHASE BANK PIKEPASS -FEES $10.60 STRONG NEIGHBORHOODS -Total $155.08 HOTELTAX -Total $3,658.02 27 STORMWATER MANAGEMENT FREESE AND NICHOLS INC ENGINEERING SVCS $974.49 COUNTRY ESTATES ANALYSIS - Total $974.49 NATIVE PLAINS EXCAVATION & ELM CREEK POND DRAINAGE $46,928.44 ELM CREEK DRAINAGE -Total $46,928.44 AEP /PSO ELECTRIC USE $284.76 FREESE AND NICHOLS INC PROFESSIONAL SERVICES $1,262.78 FREESE AND NICHOLS INC PROFESSIONAL SERVICES AGR $430.28 INCOG ANNUAL FEE $4,250.00 JPMORGAN CHASE BANK CORE &MAIN -PIPE $2,688.00 JPMORGAN CHASE BANK PRINT SHOP - FLIERS $548.00 JPMORGAN CHASE BANK TWIN CITIES - CONCRETE $192.00 LOT MAINTENANCE OF OKLAHOMA, INC. MOWING $823.02 TREASURER PETTY CASH TRAVEL EXP ($390.50) UNIFIRST HOLDINGS LP UNIFORM SERVICES $17.97 UNITED STATES CELLULAR PW MONTHLY CELL PHONE $34.03 CORPORATION VERIZON WIRELESS WIRELESS CONNECTION $40.01 STORMWATER - STORMWATER -Total $10,180.35 STORMWATER MANAGEMENT -Total $58,083.28 31 AMBULANCE CAPITAL TREASURER PETTY CASH SR AMB REF - THOMPSON $3.60 TREASURER PETTY CASH SR AMB REF- WALKER $3.60 TREASURER PETTY CASH SR AMB REF- ZIMMERMAN $3.60 AMBULANCE CAPITAL -Total $10.80 AMBULANCE CAPITAL -Total $10.80 34 VISION TAX GUY ENGINEERING SERVICES INC ENGINEERING SVCS $11,901.85 AGREEMEN 116TH - GARNETT RD TO 129TH -Total $11,901.85 OMEGA RAIL MANAGEMENT, INC. UTILITY RELOCATION $3,750.00 116TH -MINGO TO GARNETT RD - Total $3,750.00 VISION TAX -Total $15,651.85 35 PARK DEVELOPMENT PDG INC. 5K HEART HEALTHY TRAI $1,230.00 SK HEART HEALTHY TRAIL -Total $1,230.00 PDG INC. 5K HEART HEALTHY TRAIL - $1,270.00 PARK DEV 5K TRAIL -Total $1,270.00 PARK DEVELOPMENT -Total $2,500.00 37 SALES TAX FIRE AEP /PSO ELECTRIC USE $7,083.03 Fund 37 SALES TAX FIRE Claims List - 9/7/2021 Vendor Name Payable Description Payment Amount AT &T CONSOLIDATED PHONE $11.77 CITY OF OWASSO WATER $126.00 DEAKINS KEITH J TUITION REIMBURSEMENT $346.65 HORIZON LAWN AND LANDSCAPE SERVICE $220.00 JON TOMAS WINTLE TUITION REIMBURSEMENT $337.65 JPMORGAN CHASE BANK ACADEMY - UNIFORM $264.97 JPMORGAN CHASE BANK AMAZON- GLOVES $75.90 JPMORGAN CHASE BANK AMAZON -MAT $137.95 JPMORGAN CHASE BANK AMAZON- SUPPLIES $96.16 JPMORGAN CHASE BANK AMAZON -TOOLS $55.57 JPMORGAN CHASE BANK AMERICAN -FEE $360.00 JPMORGAN CHASE BANK ATWOODS- SUPPLIES $67.98 JPMORGAN CHASE BANK BEARCOM- SERVICE $40.00 JPMORGAN CHASE BANK CORNERSTONE -PARTS $11.24 JPMORGAN CHASE BANK EMTEC -PEST CONTROL $395.00 JPMORGAN CHASE BANK FAMILY ANIMAL- VACCINA $123.30 JPMORGAN CHASE BANK FLEET FEET -SHOES $99.00 JPMORGAN CHASE BANK FLEET FEET - UNIFORM $159.00 JPMORGAN CHASE BANK FREEDOM IND- UNIFORM $110.00 JPMORGAN CHASE BANK GALLS - UNIFORM SHIRTS $98.95 JPMORGAN CHASE BANK HARRISON- SERVICE $585.00 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $87.84 JPMORGAN CHASE BANK INDUS SFTY - SUPPLIES $599.92 JPMORGAN CHASE BANK JMAC- REFUND ($9.08) JPMORGAN CHASE BANK JMAC- REMOTE $94.47 JPMORGAN CHASE BANK LOCKE- MATERIALS $34.28 JPMORGAN CHASE BANK LODGING EXPENSES $6,930.34 JPMORGAN CHASE BANK LOWES -PARTS $46.10 JPMORGAN CHASE BANK METRO APP - WASHER $897.95 JPMORGAN CHASE BANK NFPA -DUES $1,345.50 JPMORGAN CHASE BANK NFPA -MEMB FEE $175.00 JPMORGAN CHASE BANK OK FIRE CHIEFS -DUES $252.00 JPMORGAN CHASE BANK OK POLICE SPLY - UNIFOR $254.35 JPMORGAN CHASE BANK OREILLY -FAN BELT $47.18 JPMORGAN CHASE BANK PET SUPPLIES -DOG FOOD $28.96 JPMORGAN CHASE BANK PIKEPASS -FEES $6.60 JPMORGAN CHASE BANK QT- SUPPLIES $34.88 JPMORGAN CHASE BANK SAFE KIDS -FEE $165.00 JPMORGAN CHASE BANK SAMS- LIGHTS $200.94 JPMORGAN CHASE BANK SAMS- SUPPLIES $308.84 JPMORGAN CHASE BANK SPECIAL OPS- UNIFORM $696.77 Pi Claims List - 917/2021 Fund Vendor Name Payable Description Payment Amount 37 SALES TAX FIRE JPMORGAN CHASE BANK TRAVEL EXPENSE $682.13 JPMORGAN CHASE BANK TWIN CITIES - CONCRETE $1,410.00 JPMORGAN CHASE BANK UBER -FEE $25.95 JPMORGAN CHASE BANK UPS - SHIPPING $39.02 JPMORGAN CHASE BANK WALMART- SUPPLIES $69.78 JPMORGAN CHASE BANK WAVE- MOBILE APP FEE $2,000.00 MARTIN Z HANNA TINTING $160.00 VERIZON WIRELESS WIRELESS CONNECTION $1,003.85 SALES TAX FUND -FIRE -Total $28,393.69 SALES TAX FIRE - Total $28,393.69 38 SALES TAX POLICE AEP /PSO ELECTRIC USE $6,645.23 AT &T CONSOLIDATED PHONE $11.77 AT &T MOBILITY PUBLIC SAFETY WIRELES $136.08 CITY OF OWASSO WATER $87.50 JPMORGAN CHASE BANK ACTION TARGETS - SUPPLI $463.24 JPMORGAN CHASE BANK ADOBE- REFUND ($81.02) JPMORGAN CHASE BANK ADVANCE AUTO -PARTS $36.38 JPMORGAN CHASE BANK AMAX -SIGNS $233.00 JPMORGAN CHASE BANK AMAZON- REFUND ($16.60) JPMORGAN CHASE BANK AMAZON- SUPPLIES $285.00 JPMORGAN CHASE BANK AMER WASTE - RENTAL $110.98 JPMORGAN CHASE BANK ASSOC PARTS -PARTS $140.00 JPMORGAN CHASE BANK CREATIVE CLOUD -SUB FE $479.88 JPMORGAN CHASE BANK GRAINGER- SUPPLIES $211.20 JPMORGAN CHASE BANK GRAINGER -VALVE $272.22 JPMORGAN CHASE BANK GT DIST- UNIFORM $153.98 JPMORGAN CHASE BANK LENOX- TOWING $90.00 JPMORGAN CHASE BANK LIVE ACTION - SUPPLIES $113.14 JPMORGAN CHASE BANK LODGING EXPENSE $1,017.40 JPMORGAN CHASE BANK LOVES -FUEL $255.57 JPMORGAN CHASE BANK LOWES -PARTS $47.16 JPMORGAN CHASE BANK LOWES- SUPPLIES $81.11 JPMORGAN CHASE BANK MEEKS- DECALS $461.97 JPMORGAN CHASE BANK MEETING EXPENSE $71.29 JPMORGAN CHASE BANK MTM- AWARDS $328.75 JPMORGAN CHASE BANK MTM- UNIFORM $79.30 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $64.41 JPMORGAN CHASE BANK OREILLY -PARTS $206.96 JPMORGAN CHASE BANK PHILLIPS -FUEL $74.00 JPMORGAN CHASE BANK QUIKSERVICE- SUPPLIES $493.50 JPMORGAN CHASE BANK SAMS - SUPPLIES $235.46 10 Claims List - 9/7/2021 Fund Vendor Name Payable Description Payment Amount 38 SALES TAX POLICE JPMORGAN CHASE BANK SIRCHIE- SUPPLIES $358.44 JPMORGAN CHASE BANK SKID TACTICAL - UNIFORM $69.95 JPMORGAN CHASE BANK SML ANIMAL CLINIC -SVC $1,123.55 JPMORGAN CHASE BANK SUMNERONE- COPIER LEAS $530.43 JPMORGAN CHASE BANK SUMNERONE- RENTAL $221.56 JPMORGAN CHASE BANK SUNOCO -FUEL $38.36 JPMORGAN CHASE BANK THOMSON WEST -CLEAR AC $424.55 JPMORGAN CHASE BANK TMDE CALIB- REPAIR $1,288.36 JPMORGAN CHASE BANK TRACTOR SPLY- SUPPLIES $134.97 JPMORGAN CHASE BANK TRAVEL EXPENSE $1,391.54 JPMORGAN CHASE BANK UNIQULEY YOURS - UNIFOR $180.00 JPMORGAN CHASE BANK WORLEYS -TREE REPLACE $388.28 LAURA LEHNER TUITION REIMBURSEMENT $624.00 MCINTOSH CORPORATION AC REPAIRS $342.00 PRECISION DELTA CORPORATION FIREARMS $11,839.81 TREASURER PETTY CASH FILING FEES $24.50 TREASURER PETTY CASH KEYS -KITCH $24.31 TREASURER PETTY CASH MILEAGE REIMB -BLUNT $288.96 TREASURER PETTY CASH REIMB TOW - FOSHEE $175.55 TREASURER PETTY CASH TRAVEL EXPENSE $595.41 TREASURER PETTY CASH TRAVEL EXPENSE- HAMRIC $25.21 TREASURER PETTY CASH USPCA REGIS ($50.00) VERIZON WIRELESS WIRELESS CONNECTION $1,261.08 SALES TAX FUND - POLICE -Total $34,089.68 SALES TAX POLICE -Total $34,089.68 39 SALES TAX STREETS AEP /PSO ELECTRIC USE $1,942.88 BH MEDIA HOLDING GROUPS, INC PROJECT PUBLICATION $63.96 BILL BASORE TRUCKING & EXCAVATION, JULY DIRT $108.33 JPMORGAN CHASE BANK BERGKAMP -PARTS $65.32 JPMORGAN CHASE BANK BROWN FARMS -SOD $24.50 JPMORGAN CHASE BANK HARDHAT SFTY -PPE $34.79 JPMORGAN CHASE BANK INDST SPLICE - CHAINS $718.04 JPMORGAN CHASE BANK INTERSTATE - BATTERY $166.00 JPMORGAN CHASE BANK LOCKE -PARTS $90.83 JPMORGAN CHASE BANK LOWES- LUMBER $50.16 JPMORGAN CHASE BANK LOWES -SAW BLADES $23.98 JPMORGAN CHASE BANK LOWES- SHELVING $44.32 JPMORGAN CHASE BANK LOWES- SUPPLIES $6.36 JPMORGAN CHASE BANK LOWES -TOOLS $70.86 JPMORGAN CHASE BANK MAXWELL- SUPPLIES $24.68 JPMORGAN CHASE BANK OREILLY- STRAPS $22.99 11 Claims List - 9/7/2021 Fund Vendor Name Payable Description Payment CAPITAL IMPROVEMENTS -Total Amount 39 SALES TAX STREETS JPMORGAN CHASE BANK REDWING-BOOTS $143.99 JPMORGAN CHASE BANK TWIN CITIES- CONCRETE $5,113.00 JPMORGAN CHASE BANK VANCE BROS -TACK OIL $154.35 JPMORGAN CHASE BANK WELSCO- RENTALS $47.78 SIGNALTEK INC MAINTAGREEMENT $1,435.00 TULSA COUNTY HIGHWAY CONSTRUCTION SIGNS $197.90 CONSTRUCTION CORNERSTONE - SUPPLIES $3.96 UNIFIRST HOLDINGS LP UNIFORM SERVICES $333.35 VERIZON WIRELESS WIRELESS CONNECTION $80.02 WASHINGTON CO RURAL WATER 116 LANDSCAPE IRRIG $173.09 DISTRICT HESSELBEIN -TIRES $2,37122 SALES TAX FUND - STREETS -Total HOOTEN -PARTS $11,136.48 SALES TAX STREETS -Total INLAND- SERVICE $11,136.48 40 CAPITAL IMPROVEMENTS DIVERSIFIED CIVIL CONTRACTORS LLC CONSTRUCTION SERVICES - E $279,035.06 CIP 1061145TH INTERSECT -Total JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK CIP FIRE DEPT VEHICLES -Total DOERNER, SAUNDERS, DANIEL & CIP GARN RD WIDE 106 -116 -Total EPOCH -TOOLS UPS- SHIPPING WS DARLEY -PARTS LEGAL SERVICES $279,035.06 $3,638.94 $641.90 $819.00 $5,099.84 $2,449.61 $2,449.61 CAPITAL IMPROVEMENTS -Total $286,584.51 70 CITY GARAGE AEP /PSO ELECTRIC USE $558.61 JPMORGAN CHASE BANK AMAZON -PARTS $39.60 JPMORGAN CHASE BANK AMAZON- SUPPLIES $51.45 JPMORGAN CHASE BANK AMERIFLEX -HOSE $55.60 JPMORGAN CHASE BANK AMERIFLEX- REPAIRS $138.43 JPMORGAN CHASE BANK BEST CHOICE -GLASS $535.00 JPMORGAN CHASE BANK CORNERSTONE - SUPPLIES $3.96 JPMORGAN CHASE BANK DANHARD -PARTS $277.01 JPMORGAN CHASE BANK FEDEX- POSTAGE $15.40 JPMORGAN CHASE BANK GOODYEAR -PARTS $1,798.66 JPMORGAN CHASE BANK HESSELBEIN -TIRES $2,37122 JPMORGAN CHASE BANK HOOTEN -PARTS $894.05 JPMORGAN CHASE BANK INLAND- SERVICE $5,410.30 JPMORGAN CHASE BANK JIM GLOVER -PARTS $1,873.76 JPMORGAN CHASE BANK JIM NORTON -PARTS $93.73 JPMORGAN CHASE BANK LENOX- TOWING $160.00 JPMORGAN CHASE BANK MATTHEWS- REPAIRS $775.49 JPMORGAN CHASE BANK MYERS -PARTS $87.93 JPMORGAN CHASE BANK MYERS- SUPPLIES $270.37 12 Claims List - 917/2021 Fund Vendor Name Payable Description Payment Amount 70 CITY GARAGE JPMORGAN CHASE BANK NAPA -PARTS $40130 JPMORGAN CHASE BANK OCT -PARTS $133.87 JPMORGAN CHASE BANK ROBERTSON - SERVICE $89.99 JPMORGAN CHASE BANK TULCO -PARTS $226.50 JPMORGAN CHASE BANK UNITED FORD -PARTS $257.53 JPMORGAN CHASE BANK VISUAL FORCE -PARTS $183.00 JPMORGAN CHASE BANK WARREN CAT -PARTS $2,131.32 JPMORGAN CHASE BANK YELLOWHOUSE -PARTS $976.93 TREASURER PETTY CASH CNG LIC RENEW ($50.00) TREASURER PETTY CASH CNG LICENSE - REFUND ($50.00) UNIFIRST HOLDINGS LP UNIFORM RENTAL $69.72 CITY GARAGE -Total $19,784.73 CITY GARAGE -Total $19,78473 76 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS $5,368.23 WORKERS' COMP SELF -INS -Total $5,368.23 WORKERS' COMP SELF -INS -Total $5,368.23 77 GENERAL LIABILITY - PROPERT STEPHEN R EBEL TORT CLAIM $687.13 GEN LIAB -PROP SELF INS -Total $687.13 GENERAL LIABILITY - PROPERT -Total $687.13 City Grand Total $806,666.11 13 BACKGROUND: In February of 2021, staff submitted a grant proposal to the Assistance to Firefighters Grant (AFG) program to purchase wildland firefighting personal protective equipment (PPE). In August of 2021, FEMA notified staff of the AFG funding award in the amount of $16,836.00 for the purchase of the equipment. As a condition of this grant, the City of Owasso is required to contribute non - federal funds equal to or greater than 10% of the Federal funds awarded, or $1,683.60 for a total approved budget of $18,519.60. Wildland firefighting gear is much lighter than the structural firefighting gear that is currently used during wildland firefighting operations; thus, it reduces the stress and fatigue personnel experience on wildland incidents. The improved fireground safety should reduce injuries and increase operational effectiveness. Staff fully expects the increased effectiveness to result in quicker extinguishment and reduced fire loss. FUNDING: Funds are available within the Fire Department's Operating Budget. RECOMMENDATION: Staff recommends acceptance of the Assistance to Firefighters Grant Award and approval of a budget amendment in the General Fund, increasing the estimated revenue and the appropriation for expenditures in the Fire Department by $16,836.00. ATTACHMENT: Award Letter TO: The Honorable Mayor and City Council FROM: Fire Chief David Hurst SUBJECT: Assistance to Firefighters Grant Award Acceptance DATE: September 2, 2021 BACKGROUND: In February of 2021, staff submitted a grant proposal to the Assistance to Firefighters Grant (AFG) program to purchase wildland firefighting personal protective equipment (PPE). In August of 2021, FEMA notified staff of the AFG funding award in the amount of $16,836.00 for the purchase of the equipment. As a condition of this grant, the City of Owasso is required to contribute non - federal funds equal to or greater than 10% of the Federal funds awarded, or $1,683.60 for a total approved budget of $18,519.60. Wildland firefighting gear is much lighter than the structural firefighting gear that is currently used during wildland firefighting operations; thus, it reduces the stress and fatigue personnel experience on wildland incidents. The improved fireground safety should reduce injuries and increase operational effectiveness. Staff fully expects the increased effectiveness to result in quicker extinguishment and reduced fire loss. FUNDING: Funds are available within the Fire Department's Operating Budget. RECOMMENDATION: Staff recommends acceptance of the Assistance to Firefighters Grant Award and approval of a budget amendment in the General Fund, increasing the estimated revenue and the appropriation for expenditures in the Fire Department by $16,836.00. ATTACHMENT: Award Letter Award Letter Effective date: 07/26/2021 Arami Goldstein OWASSO, CITY OF PO BOX 180 OWASSO, OK 74055 EMW- 2020 -FG -16779 Dear Arami Goldstein, U.S. Department of Homeland Security Washington, D.C. 20472 Congratulations on behalf of the Department of Homeland Security. Your application submitted for the Fiscal Year (FY) 2020 Assistance to Firefighters Grant (AFG) Grant funding opportunity has been approved in the amount of $16,836.00 in Federal funding. As a condition of this grant, you are required to contribute non - Federal funds equal to or greater than 10.0% of the Federal funds awarded, or $1,683.60 for a total approved budget of $18,519.60. Please see the FY 2020 AFG Notice of Funding Opportunity for information on how to meet this cost share requirement. Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award through the FEMA Grants Outcomes (FEMA GO) system. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award: • Summary Award Memo - included in this document • Agreement Articles - included in this document • Obligating Document -included in this document • 2020 AFG Notice of Funding Opportunity (NOFO) - incorporated by reference Please make sure you read, understand, and maintain a copy of these documents in your official file for this award. Sincerely, Christopher Logan Acting Assistant Administrator Grant Programs Directorate Summary Award Memo Program: Fiscal Year 2020 Assistance to Firefighters Grant Recipient: OWASSO, CITY OF DUNS number: 959697863 Award number: EMW- 2020 -FG -16779 Summary description of award The purpose of the Assistance to Firefighters Grant program is to protect the health and safety of the public and firefighting personnel against fire and fire - related hazards. After careful consideration, FEMA has determined that the recipient's project or projects submitted as part of the recipient's application and detailed in the project narrative as well as the request details section of the application - including budget information - was consistent with the Assistance to Firefighters Grant Program's purpose and was worthy of award. Except as otherwise approved as noted in this award, the information you provided in your application for FY 2020 Fiscal Year (FY) 2020 Assistance to Firefighters Grants funding is incorporated into the terms and conditions of this award. This includes any documents submitted as part of the application. Amount awarded table The amount of the award is detailed in the attached Obligating Document for Award. The following are the budgeted estimates for object classes for this award (including Federal share plus your cost share, if applicable): Object Class Personnel Fringe benefits Travel Equipment Supplies Contractual Construction Other Indirect charges Total $0.00 $18,519.60 Federal $16,836.00 Non - federal $1,683.60 Total $18,519.60 Program Income $0.00 Approved scope of work After review of your application, FEMA has approved the below scope of work. Justifications are provided for any differences between the scope of work in the original application and the approved scope of work under this award. You must submit scope or budget revision requests for FEMA's prior approval, via an amendment request, as appropriate per 2 C.F.R. § 200.308 and the FY2020 AFG NOFO. Approved request details: Personal Protective Equipment (PPE) Helmets - Wildland DESCRIPTION Wildland helmet with full brim QUANTITY UNIT PRICE TOTAL BUDGET CLASS Cost 1 12 $70.52 $846.24 Equipment DESCRIPTION Yellow nomex ear /neck/face shroud QUANTITY UNIT PRICE TOTAL BUDGET CLASS Cost 1 12 $46.25 $555.00 Equipment Coats - Wildland DESCRIPTION Wildland nomex coats QUANTITY UNIT PRICE TOTAL BUDGET CLASS Cost 1 12 $337.44 $4,049.28 Equipment Goggles - Wildland DESCRIPTION Wildand goggles QUANTITY UNIT PRICE TOTAL BUDGET CLASS Cost 1 12 $62.35 $748.20 Equipment Pants - Wildland DESCRIPTION Nomex wildland pants QUANTITY UNIT PRICE TOTAL Cost 1 12 $281.19 $3,374.28 Web Gear /Backpacks /Canteens - Wildland DESCRIPTION Hotshot base wildland backpacks and canteens QUANTITY UNIT PRICE Cost 1 12 $378.45 Boots - Wildland DESCRIPTION Smoke jumper boots Cost 1 QUANTITY 12 CHANGE FROM APPLICATION Price from $517.21 to $300.00 UNIT PRICE $300.00 TOTAL $4,541.40 TOTAL $3,600.00 BUDGET CLASS Equipment BUDGET CLASS Equipment BUDGET CLASS Equipment JUSTIFICATION This reduction is because the cost you requested for Wildland Boots exceeds the average price range calculated from market research and prior awards for the same item. Respirators DESCRIPTION HS -2 wildland face masks with filters QUANTITY UNIT PRICE TOTAL BUDGET CLASS Cost 1 12 $67.10 $805.20 Equipment Agreement Articles Program: Fiscal Year 2020 Assistance to Firefighters Grant Recipient: OWASSO, CITY OF DUNS number: 959697863 Award number: EMW- 2020 -FG -16779 Table of contents Article Assurances, Administrative Requirements, Cost Principles, Representations 1 and Certifications Article DHS Specific Acknowledgements and Assurances 2 Article Acknowledgement of Federal Funding from DHS 3 Article Activities Conducted Abroad 4 Article Age Discrimination Act of 1975 5 Article Americans with Disabilities Act of 1990 6 Article Best Practices for Collection and Use of Personally Identifiable Information 7 Article Civil Rights Act of 1964 — Title VI 8 Article Civil Rights Act of 1968 9 Article Copyright 10 Article Debarment and Suspension 11 Article Drug -Free Workplace Regulations 12 Article Duplication of Benefits 13 Article Education Amendments of 1972 (Equal Opportunity in Education Act) — Title IX 14 Article Energy Policy and Conservation Act 15 Article False Claims Act and Program Fraud Civil Remedies 16 Article Federal Debt Status 17 Article Federal Leadership on Reducing Text Messaging while Driving 18 Article Fly America Act of 1974 19 Article Hotel and Motel Fire Safety Act of 1990 20 Article Limited English Proficiency (Civil Rights Act of 1964, Title VI) 21 Article Lobbying Prohibitions 22 Article National Environmental Policy Act 23 Article Nondiscrimination in Matters Pertaining to Faith -Based Organizations 24 Article Non - Supplanting Requirement 25 Article Notice of Funding Opportunity Requirements 26 Article Patents and Intellectual Property Rights 27 Article Procurement of Recovered Materials 28 Article Rehabilitation Act of 1973 29 Article Reporting of Matters Related to Recipient Integrity and Performance 30 Article Reporting Subawards and Executive Compensation 31 Article SAFECOM 32 Article Terrorist Financing 33 Article Trafficking Victims Protection Act of 2000 (TVPA) 34 Article Universal Identifier and System of Award Management 35 Article USA PATRIOT Act of 2001 36 Article Use of DHS Seal, Logo and Flags 37 Article Whistleblower Protection Act 38 Article Acceptance of Post Award Changes 39 Article Prior Approval for Modification of Approved Budget 40 Article Disposition of Equipment Acquired Under the Federal Award 41 Article Environmental Planning and Historic Preservation (EHP) Review 42 Article Award Performance Goals 43 Article 1 Assurances, Administrative Requirements, Cost Principles, Representations and Certifications DHS financial assistance recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances - Non - Construction Programs, or OMB Standard Form 424D Assurances - Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances applicable to their program as instructed by the awarding agency. Please contact the DHS FAO if you have any questions. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (C.F.R.) Part 200, and adopted by DHS at 2 C.F.R. Part 3002. By accepting this agreement, the recipient and its executives, as defined in 2 C.F.R. § 170.315, certify that the recipient policies are in accordance with OMB guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant Executive guidance. Article 2 DHS Specific Acknowledgements and Assurances All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS. 2. Recipients must give DHS access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. Recipients of federal financial assistance from DHS must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receipt of the Notice of Award or, for State Administrative Agencies, thirty (30) days from receipt of the DHS Civil Rights Evaluation Tool from DHS or its awarding component agency. After the initial submission for the first award under which this term applies, recipients are required to provide this information once every two (2) years if they have an active award, not every time an award is made. Recipients should submit the completed tool, including supporting materials, to CivilRightsEvaluation @hq.dhs.gov. This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https: / /www.dhs.gov /publication /dhs- civil- rights - evaluation -tool. The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient identifies steps and a timeline for completing the tool. Recipients should request extensions by emailing the request to CivilRightsEvaluation @ hq.dhs.gov prior to expiration of the 30 -day deadline. Article 3 Acknowledgement of Federal Funding from DHS Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. Article 4 Activities Conducted Abroad Recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article 5 Age Discrimination Act of 1975 Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub. L. No. 94 -135 (1975) (codified as amended at Title 42, U.S. Code, § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. Article 6 Americans with Disabilities Act of 1990 Recipients must comply with the requirements of Titles 1, 11, and III of the Americans with Disabilities Act, Pub. L. No. 101 -336 (1990) (codified as amended at 42 U.S.C. §§ 12101 - 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. Article 7 Best Practices for Collection and Use of Personally Identifiable Information Recipients who collect personally identifiable information (Pit) are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PH they collect. DHS defines PH as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance at http: / /www.dhs. gov /xl i brary/assets /privacy /privac"i a_g u i dance) u n e2010.pdf and Privacy Template at h ttps: / /www. d h s .gov /sites /default/fi les /pu bli cations /privacy -pi a_ template 2017.pdf as useful resources respectively. Article 8 Civil Rights Act of 1964 - Title VI Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7. Article 9 Civil Rights Act of 1968 Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. No. 90 -284, as amended through Pub. L. 113 -4, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (see 42 U.S.C. § 3601 et seq.), as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units —i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground -floor units in buildings without elevators) —be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.) Article 10 Copyright Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. Article 11 Debarment and Suspension Recipients are subject to the non - procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3000. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Article 12 Drug -Free Workplace Regulations Recipients must comply with drug -free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government -wide implementation (2 C.F.R. Part 182) of Sec. 5152 -5158 of the Drug -Free Workplace Act of 1988 (41 U.S.C. §§ 8101 - 8106). Article 13 Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. Article 14 Education Amendments of 1972 (Equal Opportunity in Education Act) — Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. 92 -318 (1972) (codified as amended at 20 U.S.C. § 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19. Article 15 Energy Policy and Conservation Act Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. 94- 163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. Article 16 False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§ 3729 -3733, which prohibit the submission of false or fraudulent claims for payment to the federal government. (See 31 U.S.C. §§ 3801 -3812, which details the administrative remedies for false claims and statements made.) Article 17 Federal Debt Status All recipients are required to be non - delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A -129.) Article 18 Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official government business or when performing any work for or on behalf of the federal government. Article 19 Fly America Act of 1974 Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B- 138942. Article 20 Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a, recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, (codified as amended at 15 U.S.C. § 2225.) Article 21 Limited English Proficiency (Civil Rights Act of 1964, Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. § 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https: / /www.dhs.gov /guidance- published -help- department- supported- organizations - provide - meaningful- access- people- limited and additional resources on http: / /www.lep.gov. Article 22 Lobbying Prohibitions Recipients must comply with 31 U.S.C. § 1352, which provides that none of the funds provided under a federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. Article 23 National Environmental Policy Act Recipients must comply with the requirements of the National Environmental Policy Act of 1969 (NEPA), Pub. L. 91 -190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq.) and the Council on Environmental Quality (CEO) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. Article 24 Nondiscrimination in Matters Pertaining to Faith -Based Organizations It is DHS policy to ensure the equal treatment of faith- based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith -based organizations in individual DHS programs. Article 25 Non - Supplanting Requirement Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources. Article 26 Notice of Funding Opportunity Requirements All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO. Article 27 Patents and Intellectual Property Rights Recipients are subject to the Bayh -Dole Act, 35 U.S.C. § 200 et seq, unless otherwise provided by law. Recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14. Article 28 Procurement of Recovered Materials States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. 89 -272 (1965), (codified as amended by the Resource Conservation and Recovery Act, 42 U.S.C. § 6962.) The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article 29 Rehabilitation Act of 1973 Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. 93 -112 (1973) (codified as amended at 29 U.S.C. § 794) which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Article 30 Reporting of Matters Related to Recipient Integrity and Performance If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this federal award, then the recipients must comply with the requirements set forth in the government -wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions. Article 31 Reporting Subawards and Executive Compensation Recipients are required to comply with the requirements set forth in the government -wide award term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference in the award terms and conditions. Article 32 SAFECOM Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Article 33 Terrorist Financing Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws. Article 34 Trafficking Victims Protection Act of 2000 (TVPA) Recipients must comply with the requirements of the government -wide financial assistance award term which implements Section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), codified as amended at 22 U.S.C. § 7104. The award term is located at 2 C.F.R. § 175.15, the full text of which is incorporated here by reference. Article 35 Universal Identifier and System of Award Management Recipients are required to comply with the requirements set forth in the government -wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated here by reference. Article 36 USA PATRIOT Act of 2001 Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), Pub. L. No. 107 -56, which amends 18 U.S.C. §§ 175 -175c. Article 37 Use of DHS Seal, Logo and Flags Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Article 38 Whistleblower Protection Act Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.0 § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. §§ 4304 and 4310. Article 39 Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Please call the FEMA/GMD Call Center at (866) 927 -5646 or via e -mail to ASK- GMD @fema.dhs.gov if you have any questions. Article 40 Prior Approval for Modification of Approved Budget Before making any change to the FEMA approved budget for this award, you must request prior written approval from FEMA where required by 2 C.F.R. § 200.308. FEMA is also utilizing its discretion to impose an additional restriction under 2 C.F.R. § 200.308(f) regarding the transfer of funds among direct cost categories, programs, functions, or activities. Therefore, for awards with an approved budget where the federal share is greater than the simplified acquisition threshold (currently $250,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10 %) of the total budget FEMA last approved. You must report any deviations from your FEMA approved budget in the first Federal Financial Report (SF -425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval. Article 41 Disposition of Equipment Acquired Under the Federal Award When original or replacement equipment acquired under this award by the recipient or its subrecipients is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, you must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. § 200.313. Article 42 Environmental Planning and Historic Preservation (EHP) Review DHS /FEMA funded activities that may require an EHP review are subject to the FEMA Environmental Planning and Historic Preservation (EHP) review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires recipient to comply with all federal, state, and local laws. DHS /FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS /FEMA grant funds, through its EHP Review process, as mandated by the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and, any other applicable laws and Executive Orders. To access the FEMA EHP screening form and instructions, go to the DHS /FEMA website at: https: / /www.fema.gov/ media - library/assets /documents /90195. In order to initiate EHP review of your project(s), you must complete all relevant sections of this form and submit it to the Grant Programs Directorate (GPD) along with all other pertinent project information. The EHP review process must be completed before funds are released to carry out the proposed project; otherwise, DHS /FEMA may not be able to fund the project due to noncompliance with EHP laws, executive order, regulations, and policies. If ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential archeological resources are discovered, applicant will immediately cease work in that area and notify the pass- through entity, if applicable, and DHS /FEMA. Article 43 Award Performance Goals FEMA will measure the recipient's performance of the grant by comparing the number of items requested in its application, the numbers acquired (ordered, paid, and received) within the period of performance. In order to measure performance, FEMA may request information throughout the period of performance. In its final performance report submitted at closeout, the recipient is required to report on the recipients compliance with the applicable industry, local, state and national standards described in the NOFO. Obligating document 1.Agreement 2. Amendment 3. Recipient 4. Type of 5. Control No. No. Action WX00641 N2021 T EMW- 2020 -FG- N/A 736069613 AWARD 16779 6. Recipient Name and 7. Issuing FEMA Office and 8. Payment Office and Address Address Address OWASSO, CITY OF Grant Programs Directorate FEMA, Financial Services 11933 E 116TH ST N 500 C Street, S.W. Branch COLLINSVILLE, OK Washington DC, 20528 -7000 500 C Street, S.W., Room 74021 1- 866- 927 -5646 723 Washington DC, 20742 9. Name of Recipient 9a. Phone 10. Name of FEMA Project 10a. Project Officer No. Coordinator Phone Arami Goldstein 9182320850 Assistance to Firefighters No. Grants Grant Program 1 -866- 274 -0960 11. Effective Date of 12. Method of 13. Assistance 14. Performance This Action Payment Arrangement Period 08/02/2021 to 07/26/2021 OTHER-FEMA COST SHARING 08/01/2023 GO Budget Period 08/02/2021 to 108/01/2023 15. Description of Action a. (Indicate funding data for awards or financial changes) Amount Program Assistance Accounting Prior Awarded Current Cumulative Name Listings Data(ACCS Total This Total Non - Federal Abbreviation No. Code) Award Action + Award Commitment or ( -) 2021 -FO- AFG 97.044 G1301 P410 -xxxx- $0.00 $16,836.00$16,836.00$1,683.60 4101-D Totals$0.00 $16,836.00$16,836.00$1,683.60 b. To describe changes other than funding data or financial changes, attach schedule and check here: N/A 16.F OR REQUIRED TO SIGN ANDRETURNT EE COPIES OF THIS DOCUMENT (3) TO FEMA (See Bleek 7 feF address) This field is not applicable for digitally signed grant agreements 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE 18. FEMA SIGNATORY OFFICAL (Name and Title) DATE Christopher Logan, Acting Assistant Administrator Grant Programs Directorate 07126/2021 TO: The Honorable Mayor and City Council FROM: Karl Fritschen, AICP, RLA Planning Manager SUBJECT: Amended Contract for the 2021 Community Development Block Grant DATE: September 2, 2021 7_[013eltne "'Wol On March 16, 2021, the City Council approved Resolution 2021 -04, requesting assistance from the Tulsa County Community Development Block Grant (CDBG) Urban County Program and approving the application for the 2021 funding cycle; and, authorized the execution of all related documents. During their presentation to the City Council, staff advised that Owasso will receive an allocation of approximately $148,601.11 for the 2021 CDBG funding cycle. Subsequent to the requalification of the Hale Acres neighborhood, City Council approved the continuation of replacing deteriorated 8" clay the sanitary sewer pipes with approximately 1,800 linear feet (LF) new HDPE 8" inch pipe on the south side of East 1 14th Street Norf h to address many years of inflow and infiltration issues in this area of Owasso's collection system, which was originally installed in the 1960's. 2021 CDBG CONTRACT: Following submission of the 2021 application documents, the Indian National Council of Governments ( INCOG) notified staff that $123,702.00 of FY 2021 CDBG Program funding was not committed to a project in another jurisdiction and that Owasso would receive the additional funding. In August 2021, INCOG submitted the Contract for Public Improvements between Tulsa County and the City of Owasso, reflecting the additional amount of $123,702.00 added to Owasso's regular 2021 allocation, for a new allocation of $272,303.00 for the 2021 CDBG project. RECOMMENDATION: Staff recommends approval of the 2021 CDBG Contract for Public Improvements between Tulsa County and the City of Owasso in the amount of $272,303.00, for the 2021 CDBG Hale Acres Sanitary Sewer Line Rehabilitation Project and authorize execution of necessary documents. ATTACHMENTS: 2021 Contract for Public Improvement Map — Owasso CDBG Sanitary Sewer Replacement Locations Contract For Public Improvements For Community Development Block Grant Program This Contract for Community Development Block Grant ( "CDBG ") funds is made and entered the date first signed below by and between Tulsa County ( "COUNTY "), and the City of Owasso ( "CITY "). This Contract shall be in effect the 1st day of July, 2021 and shall be in effect through the 30th day of June, 2022. If the funds are not exhausted at the end of the contract period, the Contract period may be extended by mutual agreement of both parties. WHEREAS, the Housing and Community Development Act of 1974, as amended (24 U.S.C. 93 -383 et seq.), (the "Act'), provides that Community Development Block Grant, ( "CDBG "), funds may be used for the support of activities that provide decent housing and suitable living environments and expanded economic opportunities principally for persons of low- and moderate - income; and, WHEREAS, CDBG Regulations 24 CFR 570.307(a) allow counties having a total combined population of 200,000 or more from the unincorporated areas and participating incorporated areas to qualify as an urban county; and, WHEREAS, a Cooperation Agreement between the County and the CITY has been executed for the purpose of participation in the Tulsa County Urban County Community Development Block Grant Program for Federal Fiscal Years 2020 -2022; and, WHEREAS, the CITY desires to enter into a Contract with Tulsa County, as lead entity of the Tulsa County Community Development Block Grant Urban County Program (CFDA 14.218) pursuant to Title I of the Housing and Community Development Act of 1974, as amended; to receive an allocation of FY2020 Tulsa County CDBG Urban County funds for the purpose of public improvements (B- 21- UC-40- 0001); NOW THEREFORE, the parties do mutually agree as follows: I. Scope of Services The CITY shall be responsible for the oversight of projects to meet the objectives of the Community Development Block Grant program in accordance with the terms and conditions as set forth herein. The CITY agrees to perform those duties, obligations, and representations contained in its application to Tulsa County and to be bound by the provisions of its application, all amendments thereto and all correspondence relating thereto, which were submitted to and accepted by Tulsa County in contemplation of this contract, said application being incorporated herein and made a part hereof by reference. Project; The City of Owasso is completing a Sanitary Sewer Line Rehabilitation in the Hale Acres Subdivision which is located in the Northern area of the city. The project will take place in the utility easements between E 114th St. N and N 11311 St. N, between N 106th E Ave and N 112th E Ave. The city proposes replacement of approximately 1,800 linear feet of failing clay sanitary sewer pipe by bursting the existing 8 -inch clay line with 8 -inch HDPE pipe in both locations listed above. I Budget The CITY shall be allocated $272,303.00 from Fiscal Year 2021 Tulsa County CDBG Urban County funds for infrastructure improvements. III. Performance Measurement The project must be under construction with a Notice To Proceed issued no later than 180 days from the date of approval of this contract by the County. Failure to commence construction within the timeframe may result in withdrawal of CDBG funds by the County for noncompliance of timely expenditure of funds. IV. Method Of Payment a. Payment will be made to the CITY on either a reimbursement of paid invoices basis or submission of actual payable invoices. The CITY shall submit a 'Request for Funds" form to the program administrator, INCOG for approval and payment by Tulsa County. b. CITY will maintain proper financial records for the project, which the County reserves the right to inspect on a periodic basis. C. In no event will the total compensation to be paid hereunder exceed the expressly agreed maximum sum of Two Hundred Seventy -Two Thousand Three Hundred and Three dollars and no cents ($272,303.00) for all services required. V. Reversion of Assets After reconciliation of the project books and submittal of remaining unpaid claims to the County, the CITY shall return any unused CDBG funds within 30 days of the date this agreement terminates or expires. GENERAL TERMS AND CONDITIONS Subcontract Notification Provision None of the work and services covered by this contract may be subcontracted without written consent of the County. Any work or services subcontracted hereunder shall be specified by written agreement and shall be subject to each provision of this agreement. In no event will the CITY incur any obligation on the part of the County. Modification This contract is subject to such modification as may be required by federal or state law or regulations. The work and services to be performed and the total contract amount may be modified only upon written agreement of both parties. Disputes, Interpretation, Remedies a. In the event the parties fail to agree on interpretations of this contract, the details of such disagreement shall be forwarded to the legal counsels of both parties for review and recommendation and such recommendations forwarded to HUD, who shall make the final determination. Neither forbearance nor payment by the County shall be construed to constitute waiver of any remedies for any default or breach by the CITY that exists then or occurs later. Severability Clause If any provision under this contract or its application to any person or circumstance is held invalid by any court of competent jurisdiction, such invalidity does not affect any other provision of this contract or its application that can be given effect without the invalid provision or application. Hold Harmless Clause CITY shall, within limitations placed on such entities by any law, hold harmless the United States government, its agents, officers, and employees and the County, its agents, officers, and employees from all claims and actions, and all expenses defending same, that are brought as a result of any injury or damage sustained by any person or property which injury or damage is legally determined to be caused by any act or omission of CITY committed within the performance of its duties under this contract. CITY shall, within limitations placed on such entity by any law, hold harmless the United States government, its agents, officers, and employees and the County, its agents, officers and employees from any claim or amount recovered as a result of infringement of patent trademark, copyright, or from any claim or amounts arising or recovered under Workers' Compensation Laws, to the extent such claims arise out of acts committed in furtherance of this contract. In any agreement with any sub - recipient or any agent for CITY, CITY will specify that such sub - recipient or agents shall hold harmless the United States government, its agents, officers, and employees, and the County its agents, officers and employees for all the herein before described expenses, claims, actions, or amounts recovered, which is legally determined to be caused by this sub - recipient or agent in the performance of their duties relating to this contract. Personnel a. The CITY represents that it will secure all personnel required in performing the services under this contract. Such personnel shall not be employees of or have any contractual relationship with the County. b. The CITY has full responsibility for payment of worker's compensation insurance, unemployment insurance, social security, state and federal income tax and any other deductions required by law for its employees. C. All of the services required hereunder will be performed by the CITY or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. Termination of Contract for Cause If, through any cause, the CITY shall fail to fulfill in a timely and proper manner his /her obligations under this contract, or if the CITY shall violate any of the covenants, agreements, or stipulations of this contract, the County shall thereupon have the right to terminate this contract by giving written notice to the CITY of such termination and specifying the effective date thereof, at least 15 days before the effective date of such termination. In such event, the CITY shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Not withstanding the above, the CITY shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the contract by the CITY. Termination of Contract for Convenience Either the CITY or the County may terminate this contract at any time by giving at least 15 days notice in writing to the other party. If the contract is terminated as provided herein, the CITY will be paid for the services provided and all allowable expenses incurred up to the termination date. Conflict of Interest No member of the governing body of the CITY, and no other officer, employee, or agent of the CITY who exercises any function or responsibility in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this agreement, and the CITY shall take appropriate steps to assure compliance. Interest of CITY and Employees The CITY covenants that he presently has no interest and shall not acquire interest, direct or indirect, in the project area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The CITY further covenants that in the performance of this agreement no person having any such interest shall be employed. Reports and Information The CITY, at such times and in such forms as the County may require, shall furnish the County such periodic reports as it may request pertaining to the work or services undertaken pursuant to the contract, costs and obligations incurred or to be incurred in connection there with and any other matters covered by this contract. CITY shall furnish the County narrative reports and financial reports related to the elements of this contract in the forms and at such times as may be required by the County or federal grantor agencies. Compliance with Local Laws The CITY shall comply with all applicable laws, ordinances and codes of the state and local governments. Copyright No reports, maps, or other documents produced in whole or in part under this contract shall be the subject of an application for copyright by or on behalf of the CITY. Records and Audits CITY shall retain all books, documents, papers, records, and other materials involving all activities and transactions related to this contract for at least five (5) years from the date of submission of the final expenditure report or until all audit findings have been resolved, whichever is later. CITY shall, as often as deemed necessary by the County, permit authorized representatives of the County and its Auditors, the U.S. Department of Housing and Urban Development, the federal or state Department of Labor and the U.S. Comptroller General to have full access to and the right to fully examine all such materials. The CITY shall comply with 2 CFR Part 200 requirements, where applicable. The OMB guidance is hereby made a part of this contract. The CITY shall provide a copy of its annual audit to the County for the periods of these CDBG funds within the earlier of 30 days after the CITY's receipt of the auditor's report or nine months after the end of the audit period. Federal Funds in Excess of $750,000 If the CITY expends $750,000 or more in a year in Federal awards from all sources, the CITY shall comply with 2 CFR 200 Subpart F requirements and have a Single Audit conducted. The OMB guidance is hereby made a part of this contract. The CITY shall provide a copy of its Single Audit to the County for the periods of these CDBG funds within the earlier of 30 days after the CITY's receipt of the auditor's report or nine months after the end of the audit period. Anti - Kickback Regulations The CITY shall comply with all applicable anti - kickback regulations covered under the Department of Labor Regulation 29 CFR, Part III. Equal Employment Opportunity The CITY shall comply with the following equal opportunity requirements as part of CDBG assurances: a. Civil Rights Act of 1964, Title VI CITY shall comply with Title VI of the Civil Rights Act of 1964, which provides that no person in the United States shall on the grounds of race, religion, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives federal financial assistance. b. Housing and Community Development Act of 1974, Section 109 CITY shall comply with Section 109 of the Housing and Community Development Act of 1974, which provides that no person in the United States shall on the grounds of race, color, religion, national origin or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded under the Act. c. Housing and Urban Development Act of 1968, Section 3 CITY shall comply with Section 3, which provides that to the greatest extent feasible, training and employment opportunities shall be made available to lower- income residents of the unit of local government or metropolitan area (or non - metropolitan county) in which the project is located and that contracts be awarded to small businesses located within or owned in substantial part by residents of the same metropolitan area (or non - metropolitan county) as the project. d. Affirmative Action CITY shall take affirmative actions steps to contract with small and minority owned firms and women business enterprises in a part of the requirements of 24 CFR Part 85.36 or 24 CFR Part 570, Sub -part J. Affirmative Actions steps include, but are not limited to, the following: Including qualified small, minority and women business enterprises on solicitation lists. Assuring that small, minority and women business enterprises are solicited whenever they are potential sources. 3. When economically feasible, dividing total requirements into smaller tasks or quantities to permit maximum small, minority and women business enterprises participation. 4. Where the requirement permits, will encourage participation by enterprises. establishing delivery schedules which small, minority and women business Using the services and assistance of the Small Business Administration, the Office of Minority Business Enterprise of the U.S. Department of Commerce and the local minority business development center that assists with management and technical aspects and maintains a directory of minority contractors, suppliers and vendors. Labor Standards a. The CITY shall comply with the requirements of Davis -Bacon Act (40 USC Section 276a- 276a -5), which requires payment of the prevailing wage for the locality to workers on construction contracts over $2,000. Housing rehabilitation projects of fewer than eight units are exempt. Regulations are at 29 CFR, Part 5. The CITY further certifies that it shall include in its bidders' packages the U.S. Department of Labor Wage Determination List and a statement that the Contractor and any subcontractors must comply with these wage rates in performance of the work required. b. Copeland (Anti- Kickback) Act (18 USC Section 874, 40 USC Section 176c), which applies to all contracts covered by Davis -Bacon and provides that workers must be paid weekly, with only permissible deductions allowed. Regulations are at 29 CFR, Part 3; C. Contract Work Hours and Safety Standards Act (40 USC Section 327, et seq.) which requires overtime compensation. Regulations are at 29 CFR, Part 5. Acquisition and Relocation Uniform Relocation Assistance and real Property Acquisition Policies Act of 1970, as amended (P.L. 91 -646, P.L. 100 -17) Section 305 of Title III and Section 210 of Title II require State and local recipients to comply with real property acquisition and relocation requirements set forth in said Act. Regulations are at 49 CFR, Part 24. Age Discrimination Act of 1975 CITY shall comply with the provisions of the Age Discrimination Act of 1975, which prohibits discrimination on the basis of age in the delivery of services and benefits supported by federal funds. Americans With Disabilities Act of 1990 CITY shall comply to the extent required with the provisions of the Americans with Disabilities Act of 1990 which prohibits discrimination on the basis of disabled status in any publicly funded program and activity. Rehabilitation Act of 1973, Section 504 CITY shall comply with the provisions of Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of handicap in any programs or activities receiving federal financial assistance. IN WITNESS WHEREOF, the CITY and County have executed this contract as of the date first written above. City of Owasso, Oklahoma ATTEST: Juliann M. Stevens, City Clerk Approved: Julie Lombardi, City Attorney the Honorable City Mayor, Bill Bush Tulsa County Board of Commissioners L39 ATTEST: County Clerk Approved As To Form: Assistant District Attorney Chair Hale Acres CDBG Sewer Line Replacement Project - Phase IV Location Map 02/18/2021 TO: The Honorable Mayor and City Council FROM: Earl Farris Project Administrator SUBJECT: Acceptance of Infrastructure Improvements at 13512 East l 16th Street North (Chinowth & Cohen) DATE: September 2, 2021 BACKGROUND: The subject commercial development is located at 13512 East 116th Street North. Public infrastructure improvements consist of a concrete sidewalk. FINAL INSPECTIONS: Final inspections for the infrastructure components were completed in August 2021, by the Public Works Department. All standards for acceptance have been met. Additionally, the construction contractor has supplied the necessary two -year maintenance bond. RECOMMENDATION: Staff recommends acceptance of the public infrastructure improvement of a public sidewalk located at 13512 East 116th Street North. ATTACHMENTS: Location Map City Attorney Approved Bond Chinowth & Cohen (116th) 1" =132 ft Location Map 08/26/2021 This map may rrpresems a visual display of related geographic information. Data provided here en is no -. guarantee of acutual field conditions. To be sure of complete accuracy, please contactthe responsible staff for mo� up- to-date information. Farris, Earl From: Wingert Shellie Sent: Wednesday, August 18, 2021 4:48 PM To: Hancock, Brandon Cc: Farris, Earl Subject: RE: Chinoweth and Cohen Sidewalk Bond Brandon, Sorry, I didn't look at this close enough. Q I have reviewed the Chinoweth and Cohen Sidewalk maintenance bond 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 $57,550,000. underwriting limitation. Therefore, the bond is approved. Thank you, Shellie Shellie Wingert Legal Department City of Owasso 200 S. Main St Owasso, OK 74055 918 - 376 -1548b swingert @cityofowasso.com From: Hancock, Brandon Sent: Wednesday, August 18, 20214:04 PM To: Wingert Shellie <swingert @cityofowasso.com> Cc: Farris, Earl <efarris @CityOfOwasso.com> Subject: Chinoweth and Cohen Sidewalk Bond Shellie- Please have the attached Bond reviewed. Please reply all to this email with the findings. Thanks 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: 54- 239921 KNOW ALL MEN BY THESE PRESENTS, That we BOSS CONTRACTING, LLC, as Principal (Contractor), and UNITED FIRE & CASUALTY COMPANY, as Surety, are held and firmly bound unto the City of Owasso, Oklahoma, as Obligee, in the penal sum of FOUR THOUSAND FOURTEEN DOLLARS & 64/100 - -- ($4,014.64) 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 CIIINOWE"TII AND COI -TEN PROJECT, (13512 E. 116 "' St. N., Collinsville, OK 74021), SITE WORK, 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: AUGUST 11, 2021 BOSS NTRACTING, LLC, Principal BY: UNI :D FIRE & CASUALTY COMPANY, Surety BY Attorney -in -Fact Attach Power of Attorney UNITED FIRE 11 CASUALTY COMPANY, CEDAR RAPIDS, IA Inquiries: Surety Department UNITED FIRE & INDEMNITY COMPANY, WEBSTER. TX 118 Second Ave SE FINANCIAL PACIFIC INSURANCE COMPANY, ROCKLIN, CA Ccdm•Rnphh IA 52401 INSURANCE (original COPY OF POWER OF ATTORNEY (original om rile at Home Office of Coogmny - See Certification) KNOW ALI, PERSONS BY THESE PRESENTS, That United Fire & Casually Company, a corporation duty organized and existing under the haws of We Sude of Iowa; Uniled Fire & Indenutty Company, a cogsomlion duly organized and existing under tie haws of the Slate of Texas; and Financial Pacific Insurance Company, a cogoralion duty organized mid existing order the Incas of tine State of Cidifomia (llerehl collectively cnllc<l the Companies), and having their corporate headquarters is Cellar Rapids, State of Iowa, does make, constitute slid appoint JAMIE BURRIS, CATHY COMBS, VAUGHN P. GRAHAM, JR., VAUGHN P. GRAHAM, STEPHEN M. POLEMAN, JOHN K. DEER, THOMAS C. PERRAULT, DEREK FINE, TRAVIS E. BROWN, DEBORAH L. RAPER, VICKI WILSON, AUSTIN K. GREENHAW, SHELLI SAMSEL, DWIGHT A. PILGRIM, CLAYTON HOWELL, MARK D. NOWELL, JOHN MCCLELLAN, GARY LILES, RANDY D. WEBB, BOBBY JOE YOUNG, AARON WOOLSEY, CAREY L. KENNEMER, EACH INDIVIDUALLY their tae and lawful Altonley(s) -hn -Fact with power and authority hereby conferred to sign, seal still execute in its behalf all la flit bonds, undertakings and other obligatony instruments of similar nanlreprovided tat no single obligation shall exceed $20,000,000.00 old to bind the Companies thereby as fully mid to die sonic extent as if such hhstr,.mhcids were signed by the duly authorized officers of the Compares and till of (he acts of said Attorney, Pursuant to the authority hereby given and hereby rati0ed and confirmed. The Authority hereby gr noted shali expire die 4th day of February, 2023 unless sooner revoked by United Fire & Casualty Company, United Fie & Indcomity Company, and Financial Pacific Insurance Company. This Powerof Attorney is made mid execakd pursuant to and by authority of die following bylaw duly adopted on May 15, 2013, by the Boards of Directors of United Fire & Casunhy Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. "Article VI - Soren- Dead. and Undertnldngs" Section 2, Appointment of Attunhoy -in -Fact "The President or any Vice President, or Iay other officer of the Companies may, from time to time, appoint by written cenificaes atomoys4a4i t to act in behalf of the Companies in tie execution ofpolicics of insurance, bonds, undertakings and other obligatory insinmunts office nature. Tie signorine of any officer authorized hereby, aid the Corporate seal, cony he of ixcd by fecsimile to any power ofnllomey or special paver of attomey or cotificaimn of either maerizad hereby; such signature aid seal, when so rued, being adopted by the Companies as the original sigillauro of such officer and are original sell of the Canpardes, to be valid and binding upon the Companies with the sane force and effect as though manually affixed. Such ationteys- intact, subject to the limitations set of forth in their respective canificates of authority shall have full prover to bind the Companies by their signorina mid excttion of any such instruments and to attach Are seal Ile Companies thereto. The President or any Vice President, the Board of Dhelarm or any other officer of the Companies may at any time revoke Pit power and nuthodty previously given to any anontey -tin -fact. IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its FINANCIAL PACIFIC INSURANCE COMPANY Stale of lown, County of Lima, ss: Vice President On 4th day of February, 2021, before me personally came Dennis J. Richmann to me known, who being by me duty swan, did depose and say; that he resides in Cedar Rapids, State of Iowa; tint lie is a Vice President of United Fire & Casualty Company. a Vice President of United Fire & Indemnity Company, mill n Vice Resident of Financial Pacific Insurance Company the corporations described it mad which executed the above h istrumeng that he knows the seal of said corporations; that the seal affixed to tie said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that he signed his Blue thereto Pursuant to like authority, slid acknowledges same to be die act and deed of said corporations. Pea Waddell Iowa n Seal commheelon number 713274 Notary Public MY commission Expires 102012D22 My commission expires: 1020/2022 I, Mary A. Bertsch, Assistant Secretory of United Fite & Casually Company and Assistant Secretary of United Fire & Indemnity Company, mid Assistant Seel elary of Financial Pacific Insurance Company, do hereby certify film I have compared the foregoing copy of the Power of AHomey and affidnvit, and the copy of (lie Section of tie bylaws mid resolutions of said Corporations as set forth in said Power of Attorney, with tie ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, and that the some are correct transcripts thereof, and of the whole of the said Orighmis, and dint the said Paver of Attorney has not been revoked and is View in full force mid effect. In testimony whereof I lave hereunto subscribed my name mid affixed the corporate seal of the said Corporations this 11th day Of August , 2021 TO: The Honorable Mayor and City Council FROM: Earl Farris Project Administrator SUBJECT: Acceptance and Authorization for Final Payment- Elm Creek Park Parking Lot 2021 Project DATE: September 2, 2021 BACKGROUND: In March 2021, the City Council awarded a contract to Magnum Construction of Broken Arrow, Oklahoma, in the amount of $114,095.00, for renovation of the south parking lot in Elm Creek Park. Work within the contract included parking lot expansion, removal of a section of old concrete parking panel, milling of existing asphalt, subgrade preparation, aggregate base placement, new asphalt and striping. Improvements were completed in August 2021, with all work meeting standards for acceptance. A final payment of $86,536.75 will result in a final contract amount of $100,687.00, a contract underrun of $13,408.00. FUNDING: Funds are available in the Capital Improvement Fund. RECOMMENDATION: Staff recommends acceptance of the Elm Creek Park Parking Lot 2021 Project and authorization for final payment to Magnum Construction of Broken Arrow, Oklahoma, in the amount of $86,536.75. ATTACHMENTS: Location Map Final Pay Documents Elm Creek Park Parking Lot 1' = 92 ft Location Map 08/25/2021 This map may re resents a visual display of related geographic information. Data provided here on is not guaramee of acutual field conditicns. o be sure of complete accuracy, please contact The responsible staffpformost up- to-date information. Final Pay application Engineer CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for payment, as shown below, in connection with the Contract. Continuation sheet is attached.. 1. Original Contract Sum 2. Net Change by Change Orders underrun. no change 3. Contract Sum to Date (Line 1. &'2) 4, Total Completed & Stored to Date (Column G on Continuation Sheet) 5. Retainage: a. () %u of Completed Work $ (Column D.& E on Continuation Sheet) -,FINAL 6. Earned'Less'Retainage (Line 4 less Line 5.T6tal) 7. Less: Previous Certificates for Payment AGREEMENT' CURRENT PAYMENT DUE 9. Balance -to Finish, Plus Retainage $ -70.., (Line 3 less Line 6) _ CHANGE ORDER SUMMARY: ADDITIONS , DEDUCTIONS Change Orders approved in previous months by OWNER TOTALS $ Approved this month - Number Date Approved TOTALS Net Change by Change Orders - Contract under The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and- belief, the 'WORK covered by this Application for payment has' been .completed- in accordance with the Contract Documents, that all amounts have been paid by the Cgnlractor -for Work for which previous Certificates foa,Payment -were issued and payments received from:the Own : t current payment shown herein is now due. By: Date: STATE OF OKLAHOMA ) SS COUNTY OF Subscribed and sworn to before me this a SEAL NOTARY PUBLIC OF OKLAHOMA MY COMMISSION EXPIRES APRIL 07,2022 Notary ublic - COMMISSION W14003326 ; My Commission Expires: CONTINUATION SHEET Page _ of Application and Certificati for Payment,, containing Contractor's signed Certification is attached. Application —I Ln Application bale: 8 25 Elm Creek Parking Lot 2021 The City of Owasso Owasso, OK PERIODICAL ESTIMATE FOR PARTIAL PAYMENT Cj}!A Three 3 CONTRACT March 16th, 2921 For the period 612912921 to 811812921 Inclusive. Description of Contract., Elm Creek Parking Lot 2021 -City of Owasso Oklahoma / Mci Project No. 2115 Contract Price S 114,095.00 Contractor's Name Magnum Construction, inc. and Address P.O. Box 707 Broken Arrow, OK 74013.0707 DETAILED ESTIMATE I WORK PERFORMED Item No. Description of Item Number of Units Unit Price Estimated CostT Number of Units Amount Earned to Date %Com- plete 1. 4.5 inch Asphalt Paving 900 SY $ 59.00 $ 53,100.00 900.00 $ 53,100.00 100% 2. VWide Concrete Drainage flumc 20 LF $ 88.00 $ 1,760.00 24.00 S 2,112.00 120% 3. 4" Concrete curb & gutter 425 LF $ 35.00 S 14,875.00 425.00 $ 14,875.00 100% 4. Sidewalk - Remove 176 SY $ 10.00 $ 1,760.00 176.00 $ 1,760.00 100% 5. Pavement - Removal 275 SY S 10.00 $ 2,750.00 269.00 $ 2,690.00 98% 6. Curb - Removal 275 LF S 10.00 $ 2,750.00 275.00 $ 2,750.00 100% 7. Base Repair overexcavate 50 CY S 74.00 $ 3,700.00 0.00 $ 0% 8. 4" White Striping 1025 LF $ 1.80 $ 1,845.00 1025.00 $ 1,845.00 100% 9. Arrow 6 EA $ 100.00 $ 600.00 6.00 $ 600.00 100% 10. 1 Handicap Symbol 2 FA $ 100.00 $ 200.00 2.00 $ 200.00 100% 11. Grading & Sod 250 SY $ 10.00 $ 2,500.00 250.00 S 2,500.00 100% 12. Sill Fence 210 LF $ 4.00 S 840.00 210,00 $ 840.00 100% Alt -1 2" Mill & Overlay 645 SY $ 27.00 $ 17,415.00 645.00 $ 17,415.00 100% Proect Allowance 1 LS $ 10,000.00 $ 10,000.00 0.00 0% TOTAL I S 114,095.00 $ 100,687.00 1 88% STATE OF OKLAHOMA )SS COUNTY OF The undersigned. (Archite t, Contractor, pplier, Engineer or Supetv.isQry Official), jawful age,beingfirst duly sworn, at this (Invol'Ce, Claim.or Contract) isirue and correct. ' Affiant further states that the (work, 'services or. materials) as shown' by this Invoice or. Claim have been (completed or supplied) accordance with the .Plans, Specifications, orders or- requests furnished to the Affiant. further states that (s)he has:made no' payment, nor given, no; donated, or agreed to pay, give,or'donate, either diregtly ndirectly, to elected TConrer, or emplo ee of the State, County, or City of money or any other thing of -value mentor e a ar of this contract Supplier Subscribed and sworn to before me this. day of Notary Commission NOTARY PUBLIC - STATE OF OKLAHOMA, MY COMMISSION. EXPIRES APRIL 07 ,2022 My Commission Expires Architect,. Engineer or other Supervisory Official Subscribed and sworn to before me this day of Notary Public Commission # My Commissiori Expires: NOTE: Strike out words not appropriate and sign appropriate signature nine Architect, Engineer approval is not required for Contractor or SuppliecAffidsvit: AGREEMENT CONTRACTOR'S FINAL RELEASE AND WAIVER OF LIEN Project/ Owner Project: Address: Stale Zip Code Owner: TO ALL WHOM IT MAY CONCERN: Contractor Name: City State Zip Code Contractor Licence: Contract Date: For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned Contractor hereby waives, discharges, and releases any.and all liens, claims, and rights to liens against the above - mentioned project, and any and all'other property owned by or the title to which is in the name of the above - referenced Owner and against any and all funds of the Owner appropriated or available for the construction of said project, and any and all warrants drawn upon or issued against any spch funds or monies, which the undersigned Contractor may have or may hereafter acquire or possess.as a result of the furnishing of labor, materials,'and /or equipment, and the performance of Work by the Contractor on or in connection with said project, whether under and pursuant to the above - mentioned contract between the Contractor and the Owner pertainirig.to said project or otherwise, and which said liens, Claims or rights of lien may arise and exist. The undersigned further hereby acknowledges that the sum of Dollars ($5ac. ) constitutes the entire unpaid balance due the undersigned in connection wrth said project Whether under said contract or otherwise and that the payment of said sum to the Contractor will constitute payment in full and will fully satisfy any and all liens, claims, and demands which the Contractor may have or assert against the Owner in connection with said contract or'oroiect. Witnes to Signature: RELEASE OF CLAIMANTS Date: Project: Dear Sir: I hereby acknowledge that with the final disbursement of ($ 534 dollars, I will have receipt of.dollars in full payment o my contracted date flI , for improvement work which I did for you and which is described in my contract. I Certify that I have paid in full for all materials purchased and all labor employed in the performance of this contract and that there are no claims against me as an employer under this contract on account of injuries sustained by workmen employed by me thereunder. I hereby release.you from any claims arising by virtue of this contract. WARNING The making of any false statement or misrepresentation herein may be a crime punishable under Title 18 U.S.C. Section 1001 which provides in part: "Whoever, in any matter within the jurisdiction of any department or agency'of the United States knowingly and willfully... makes false representation, or makes or uses any false writing or document knowing the same to contain any false fictitious or fraudulent statement or entry, shall be fined not more than $10,000.00 or imprisoned not more than five years, or both." Sinc rel By: (Print or Type) O:AII_Cily /Vision 2025 Excess Funds /FINAL PAYMENT FORMS /Release of Claimants CONSENT OF OWNER ARCHITECT SURETY COMPANY CONTRACTOR B TO FINAL PAYMENT SURETY (SIMILAR TO AIA DOCUMENT G707) OTHER Bond Number: 2316374 PROJECT: Elm Creek Parking Lot 2021 (name, address) TO (Owner) City of Owasso ARCHITECT'S PROJECT NO: CONTRACT FOR: 200 South Main Street Elm Creek Parking Lot 2021 Owasso, OK 74055 CONTRACT DATE: March 16, 2021 CONTRACTOR: Magnum Construction, Inc. P O Box 707 Broken Arrow, OK 74013 -0707 In accordance with the provisions of the Contract between the Owner and the Contractor as Indicated above, the (here inset name and address of Surety Company) North American Specialty Insurance Company 1200 Main St., Suite 800 SURETY COMPANY, Kansas City, MO 64105 -2478 on bond of (here Insert nameand addressafConrnclor) Magnum Construction, Inc. P O Box 707 , CONTRACTOR, Broken Arrow, OK 74013 -0707 hereby approves of the Mal payment to the Contractor, and agrees that the final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here Isssen name and address ofOww) City of Owasso 200 South Main Street Owasso, OK 74055 , OWNER, as set forth In the said Surety Company's bond. IN WITNESS WHEREOF, The Surety Company has hereunto set its hand this 19th day of August 2021 North American Specialty Ins ACompany Surel pony S ure of Auth epresemall Attest: - (Sea)): Jamie Burris, Attomey -in -Fact Title Note: This form Is Intended to be used as a companion document to the Contractors Affidavit of Payment of Debts and Claims. Current Edition SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Kansas City, Missouri, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Kansas City, Missouri, each does hereby make, constitute and appoint: Its true and lawful Attomey(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature ofa bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of., FIFTY MILLION (550,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9111 of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President. the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Auomcy qualifying die attorney named in the given Power of Attomey to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attomey or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surely to which it is attached." Mchad A. Ito. bi,—, llot Pro, rnlo va mprnn memnlm nT Inumance Company & senior fire Prddmt ar\nnh American Sptdahr lot.... Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized Effects this 18th day of FEBRUARY • 2021 , North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 18th day of FEBRUARY , 2021 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michacl A. Ito . Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly swom, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. I, Jeffrey Goldberg .the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 19th day of August 2021 , TO: The Honorable Mayor and City Council FROM: Teresa Willson Information Technology Director SUBJECT: Resolution 2021 -12, Capital Improvements Project Determination DATE: September 2, 2021 EXECUTIVE SUMMARY: The purpose of this memorandum is to recommend amending the list of projects eligible for the Capital Improvement Fund to include East 76th Street North and US 169 Interchange Improvements. BACKGROUND: The Capital Improvements Committee conducted a public meeting on July 27, 2021, to consider a proposed amendment to the list of eligible Capital Improvement Fund projects. As per the resolution defined procedures, the City Council conducts a public hearing to receive and consider citizen input relevant to the recommendation made by the Capital Improvements Committee. Notice of the public hearing must be made no less than five calendar days prior to the public hearing. At the conclusion of the public hearing, which was held on August 17, 2021, the City council must continue the matter for at least two weeks before taking any action to amend the listing of projects. Any action taken by the City Council to amend the current list of projects must be made by adopting a resolution. PROJECT INFORMATION In 2014, Oklahoma Department of Transportation (ODOT) included the East 76th Street North and US 169 Bridge /Interchange Improvements in their 8 -year plan. The engineering design and utility relocation commenced in 2019. Then in 2020, City staff met with ODOT to discuss the scope of the work and the potential to include additional improvements. In February 2021, ODOT agreed to the changes, if the City would provide the necessary funding for the additions. Construction is anticipated to commence in early 2022. The proposed additional scope of work would include traffic signal, signage, service road access improvements, stormwater bridge expansion, and bridge art work. If approved for Capital Improvement funding, the City's portion, comprising the additional improvements in this project, is estimated to be $400,000. CURRENT PROJECT LIST: Adopted June 18, 2019, Resolution 2019 -13 designated the following list of projects as eligible for funding from the Capital Improvements Fund: East 76th Street North Widening Project (Hwy 169 to North 129th East Avenue) East 76th Street North and Main Street Intersection Improvements Garnett Road Widening Project (East 96th Street North to East 1061h Street North) CIP Page 2 • Garnett Road Widening (East 1061h Street North to East 116th Street North) • East 961h Street North and North 145th East Avenue Intersection Improvements • East 106th Street North and North 129th East Avenue Intersection Improvements • East 1061h Street North and North 145th East Avenue Intersection Improvements • East 116th Street North and North 129th East Avenue Intersection Improvements • East 116th Street North and North 140th East Avenue Intersection Traffic Signal Improvements • Annual Street Rehabilitation Program • Highway 169 East and West Service Roads (East 66th Street North to East 126th Street North) • Central Park / Lakeridge Subdivision Stormwater Improvements • Rayola Park and Elm Creek Tributary 5A Stormwater Improvements • South Sports Park Regional Detention Pond Project • Sports Park • Elm Creek Park Improvements • Main Police Station / City Hall • Vehicle Maintenance Facility • Fire Station Number 4 with Administration and Training Center • Public Safety Vehicles • Festival Park • Fiber Installation Owasso Police Department to Public Works • Land Purchase at 11301 North Mingo Road and 10000 East 1 16th Street North • 5K Heart Healthy Trail • Funtastic Island Renovations and Splash Pad COMPLETED PROJECTS: Projects on the list that have been completed will be removed in the proposed resolution. These projects are: • East 76th Street North and Main Intersection Improvements • Main Police Station /City Hall • Fire Station Number 4 with Administration and Training Center • Festival Park Land Purchase at 11301 North Mingo Road and 10000 East 116th Street North RECOMMENDATION: Staff recommends approval of Resolution 2021-12, amending the list of projects eligible for the Capital Improvements Fund to include East 76th Street North and US 169 Interchange Improvements. ATTACHMENT: Resolution 2021 -12 CITY OF OWASSO, OKLAHOMA RESOLUTION 2021-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, AMENDING THE DETERMINATION OF CAPITAL IMPROVEMENT PROJECTS ELIGIBLE FOR FUNDING FROM THE CAPITAL IMPROVEMENTS FUND. WHEREAS, on the 14th day of October, 2003, the citizens of the City of Owasso, Oklahoma, approved Ordinance 763, providing for the extension of the third penny sales tax and further, restricting the use of said sales tax generated by such third penny extension to capital projects reviewed by the Capital Improvements Committee and approved by the City Council by resolution; and, WHEREAS, the City Council by previous Resolutions designated the following Capital Improvement projects as eligible for funding from the Capital Improvement Fund: • East 76th Street North Widening Project (Hwy 169 to North 129th East Avenue) • East 76th Street North and Main Street Intersection Improvements • Garnett Road Widening Project (East 961h Street North to East 1061h Street North) • Garnett Road Widening (East 106th Street North to East 116th Street North) • East 96th Street North and North 145th East Avenue Intersection Improvements • East 1061h Street North and North 129th East Avenue Intersection Improvements • East 106th Street North and North 145th East Avenue Intersection Improvements • East 116th Street North and North 129th East Avenue Intersection Improvements • East 1 6th Street North and North 140th East Avenue Intersection Traffic Signal Improvements • Annual Street Rehabilitation Program • Highway 169 East and West Service Roads (East 66th Street North to East 126th Street North) • Central Park / Lakeridge Subdivision Stormwater Improvements • Rayola Park and Elm Creek Tributary 5A Stormwater Improvements • South Sports Park Regional Detention Pond Project • Sports Park • Elm Creek Park Improvements • Main Police Station / City Hall • Vehicle Maintenance Facility • Fire Station Number 4 with Administration and Training Center • Public Safety Vehicles • Festival Park • Fiber Installation Owasso Police Department to Public Works • Land purchase of 11301 North Mingo Road and 10000 East 116th Street North • 5K Heart Healthy Trail • Funtastic Island Renovation and Splash Pad WHEREAS, the City Council, after receiving a recommendation from the Capital Improvements Committee and properly notifying the public as required by Resolution 2003 -14, held a Public Hearing on Tuesday, August 17, 2021, to consider a project to be included on the Capital Projects list. Resolution 2021 -12 Page I of 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, that, to -wit: The Capital Improvement Projects list heretofore designated be amended by providing that the following be included as capital projects for funding from the Capital Improvements Fund: East 76th Street North and US 169 Interchange Improvements Further amending the aforementioned list of projects by removing the following completed projects: East 76th Street North and Main Street Intersection Improvements Main Police Station /City Hall Fire Station Number 4 with Administration and Training Center Festival Park Land purchase of 11301 North Mingo Road and 10000 East 1 16th Street North PASSED AND APPROVED this 71h day of September, 2021. Bill Bush, Mayor ATTEST: Juliann M. Stevens, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney Resolution 2021 -12 Page 2 of 2 TO: The Honorable Mayor and City Council FROM: Larry Langford Director of Recreation and Culture SUBJECT: Sports Park Infrastructure Improvement Project Vision 2025 Funding — Professional Service Agreement DATE: September 2, 2021 BACKGROUND: On April 21, 2015, Owasso City Council approved Resolution 2015 -08, identifying Vison 2025 eligible projects to include the Sports Park infrastructure improvements consisting of parking lot and street improvements. The south entrance road portion of the project was completed this past spring. The next phase is to expand the Funtastic Island parking lot, asphalt overlay the soccer parking lots and construct a bus drop -off and parking area. ENGINEER SELECTION PROCESS: Staff considered consulting firms that possessed the experience for the desired scope of work. Based on work history, familiarity, and knowledge in this specialized area, GH2 Architects of Tulsa, Oklahoma, was asked to submit a professional services proposal for the project. PROFESSIONAL SERVICE PROPOSAL: The scope of work for this project includes schematic design, design development, construction documents, bidding and procurement, construction management and project evaluation. Staff met with GH2 to negotiate fees relating to the professional services for the project. If approved, the cost for professional services is 6% of the construction budget. FUNDING: Vision 2025 funding in the amount of $944,288.48 is available for the project, which is broken down into $890,837.48 for construction and $53,451.00 for professional services. RECOMMENDATION: Staff recommends approval of the Professional Services Agreement with GH2 Architects, of Tulsa, Oklahoma, in the amount of $53,451.00 and authorization to execute the agreement. ATTACHMENT: Proposed Services Agreement AIA Document B101"-2017 Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the day of in the year 2021 (!n words, indicate day, month and year.) BETWEEN the Architect's client identified as the Owner: ADDITIONS AND DELETIONS: (Name, legal status, address and other information) The author of this document has added Information needed for its City of Owasso completion. The author may also 200 South Main Street have revised the text of the original Owasso, Oklahoma 74055. AIA standard form. An Additions and Telephone Number: (918) 376 -1500 Deletions Report that notes added Information as well as revisions to the standard form text is available from the author and should be and the Architect: reviewed. A vertical line In the left (Name, legal status, address and other information) margin of this document indicates where the author has added GH2 Architects, LLC necessary information and where 320 South Boston Avenue, suite 100 the author has added to or deleted Tulsa, OK 74103 from the original AIA text. Telephone Number: 918.587.6158 This document has important legal consequences. Consultation with an for the following Project: attorney Is encouraged with respect (Name, location and detailed description) to its completion or modification. Design of new parking, bus drop off, sidewalks, and fencing improvements at the existing Owasso Sports Park Owasso Sports Park Vision Improvements 10320 East 116th Street North Owasso, Oklahoma 74055 The Owner and Architect agree as follows. [nit. AIA Document B101' - 2017. Copydght O 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects,' 'AIA,' the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:11:12 ET on 08/25/2021 under Order No.8244841089 which expires on 0113112022, is not for resale, is licensed for one -time I use only, and may only be used in accordance with the AIA Contract Documents ®Terms of service. To report copyright violations, e-mail copyright@)aia.org. User Notes: (3B9ADA46) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section, insert the information or a statement such as "not applicable" or "unknown at time ofexecution. ) § 1.1.1 The Owner's program for the Project: (Insert the Owner's program, identify documentation that establishes the Owner's program, or state the manner in which the program will be developed.) New parking, bus drop off, sidewalks, and fencing improvements at the existing Owasso Sports Park § 1.1.2 The Project's physical characteristics: (Identify or describe pertinent information about the Project's physical characteristics, such as sine; location; dimensions; geotechnical reports; site boundaries; topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site, etc) § 1.1.3 The Owner's budget for the Cost of the Work, as defined in Section 6.1: (Provide total and, if known, a line item breakdown.) $890,837.48 § 1.1.4 The Owner's anticipated design and construction milestone dates: 1 Design phase milestone dates, if any: Init. AIA Document 8101' - 2011. Copydght ©1974, 1978, 1967, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document 2 was produced by AIA software at 16:11:12 ET on 0812512021 under Order No.8244841089 which expires on 01/31/2022, is not for resale, is licensed for one -time / use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copydghl@aia.org. User Notes: (3B9ADA46) To be determined .2 Construction commencement date: To be determined .3 Substantial Completion date or dates: To be determined .4 Other milestone dates: To be determined § 1.1.5 The Owner intends the following procurement and delivery method for the Project: (Identify method such as competitive bid or negotiated contract, as well as any requirementsfor accelerated orfast- nnck design and construction, multiple bid packages, or phased construction) To be determined § 1.1.6 The Owner's anticipated Sustainable Objective for the Project. (Identify and describe the Owner's Sustainable Objective for the Project, if any.) Not applicable (Paragraph Deleted) § 1.1.6.1 If the Owner identifies a Sustainable Objective, the Owner and Architect shall complete and incorporate AIA Document E204T"L2017, Sustainable Projects Exhibit, into this Agreement to define the terms, conditions and services related to the Owner's Sustainable Objective. If E204 -2017 is incorporated into this agreement, the Owner and Architect shall incorporate the completed E204 -2017 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. § 1.1.7 The Owner identifies the following representative in accordance with Section 5.3: (List name, address, and other contact information.) Larry Langford 200 South Main Street Owasso, Oklahoma 74055 Telephone Number: (918) 376 -1512 Email Address: Iangford@cityofowasso.com § 1.1.8 The persons or entities, in addition to the Owner's representative, who are required to review the Architect's submittals to the Owner are as follows: (List name, address, and other contact information) § 1.1.9 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information.) 1 Geotechnical Engineer: To be determined Init AIA Document 9101' - 201 7. Copynght ®1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects; 'AIA," the AIA Logo, and 'AIA Contract Documents" are registered trademarks and may not be used without permission. This document 3 was produced by AIA software at 16:11:12 tT on 08/25/2021 under Order No.8244841089 which expires on 01/3112022, is not for resale, is licensed for one -lima 1 use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copynght@aia.org. User Notes: (389ADA46) (Paragraph Deleted) .2 Other, if any: (List any other consultants and contractors retained by the Owner.) § 1.1.10 The Architect identifies the following representative in accordance with Section 2.3: (List name, address, and other contact information.) Jeremy Carlisle, ASLA, PLA 320 South Boston Avenue Suite 100 Tulsa, Oklahoma 74103 Telephone Number: (918) 587 -6158 Email Address: jbc @gh2.com § 1.1.11 The Architect shall retain the consultants identified in Sections 1.1.11.1 and 1.1.11.2: (List name, legal status, address, and other contact information) § 1.1.11.1 Consultants retained under Basic Services: .1 Civil Engineer: Wallace Design Collective Jordan Rodich 123 North Martin Luther King Jr. Boulevard, Tulsa, Oklahoma 74103 Telephone Number: (918) 584 -5858 (Paragraph Deleteaq (Paragraph Deleted) Init. AIA Document 13101' - 2017. Copyright ® 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institule of Architects. All rights reserved. The 'American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents' are registered trademarks and may not be used without permission. This document 4 was produced by AIA software at 16:11:12 ET on 08/25/2021 under Order No. 8244841089 which expires on 0113112022, is not for resale, is licensed for one -time I use only, and may only be used in accordance with the AIA Contract Documents* Terms of Service. To report copyright violations, e-mail copyright @aia.org. User Notes: (3B9ADA46) § 1.1.11.2 Consultants retained under Supplemental Services: § 1.1.12 Other Initial Information on which the Agreement is based: § 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that the Initial Information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the Architect's services, schedule for the Architect's services, and the Architect's compensation. The Owner shall adjust the Owner's budget for the Cost of the Work and the Owner's anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. § 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. The parties will use AIA Document E203TM -2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. § 1.3.1 Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203Tm -2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202T�2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party's sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide professional services as set forth in this Agreement. The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2A Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 2.5 The Architect shall maintain the following insurance until termination of this Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 11.9. § 2.5.1 Commercial General Liability with policy limits of not less than One Million Dollars ($ 1,000,000.00 ) for each occurrence and Two Million Dollars ($ 2,000,000.00 ) in the aggregate for bodily injury and property damage. § 2.5.2 Automobile Liability covering vehicles owned, and non -owned vehicles used, by the Architect with policy limits of not less than One Million Dollars ($ 1,000,000.00 ) per accident for bodily injury, death of any person, Init. AIA Document 8101 - 2017. Copyright ® 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects; "AIA; the AIA Logo, and 'AIA Contract Documents' are registered trademarks and may not be used without permission. This document 5 was produced by AIA software at 16:11:12 ET on 08/25/2021 under Order N0.8244841089 which expires on 0113112022, is not for resale, Is licensed for one -time ) use only, and may only be used in accordance with the AIA Contract Documents ®Terms of Service. To report copyright violations, e-mail mpydght @aia.org. User Notes: (3B9ADA46) and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. § 2.5.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.5.1 and 2.5.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § 2.5.4 Workers' Compensation at statutory limits. § 2.5.5 Employers' Liability with policy limits not less than One Million Dollars ($ 1,000,000.00 ) each accident, One Million Dollars ($ 1,000,000.00 ) each employee, and One Million Dollars ($ 1,000,000.00 ) policy limit. § 2.5.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional services with policy limits of not less than Two Million Dollars ($ 2,000,000.00 ) per claim and Two Million Dollars ($ 2,000,000.00 ) in the aggregate. § 2.5.7 Additional Insured Obligations, To the fullest extent permitted by law, the Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Architect's negligent acts or omissions. The additional insured coverage shall be primary and non- contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations. § 2.5.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.5. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in this Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Supplemental or Additional Services. § 3.1.1 The Architect shall manage the Architect's services, research applicable design criteria, attend Project . meetings, communicate with members of the Project team, and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants. The Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of, services and information furnished by the Owner and the Owner's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission, or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services. The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. The schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner's approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall not be responsible for an Owner's directive or substitution, or for the Owner's acceptance of non - conforming Work, made or given without the Architect's written approval. § 3.1.5 The Architect shall contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project. The Architect shall respond to applicable design requirements imposed by those authorities and entities. [nit. AIA Document 0101' - 201 7, Copyright ®1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects,''AIA; the AIA Logo, and "AIA Contract Documents' are registered trademarks and may not be used without permission. This document 6 was produced by AIA software at 16:11:12 ET on 08/25/2021 under Order No.8244841089 which expires on 0113112022, is not for resale, is licensed for one -time / use only, and may only be used in accordance with the AIA Contract Documents °Terms of service. To report copyright violations, e-mail copyright @aia.org. User Notes: (3B9ADA46) § 3.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.2 Schematic Design Phase Services § 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect's services. § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program, schedule, budget for the Cost of the Work, Project site, the proposed procurement and delivery method, and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies discovered in the information,. and (2) other information or consulting services that may be reasonably needed for the Project. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project. The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.2.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present, for the Owner's approval, a preliminary design illustrating the scale and relationship of the Project components. § 315 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner's approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital representations. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.2.5.1 The Architect shall consider sustainable design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner's program, schedule and budget for the Cost of the Work. The Owner may obtain more advanced sustainable design services as a Supplemental Service under Section 4.1.1. § 3.2.5.2 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics, in developing a design for the Project that is consistent with the Owner's program, schedule, and budget for the Cost of the Work. § 3.2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Section 63. § 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner's approval. § 3.3 Design Development Phase Services § 3.3.1 Based on the Owner's approval of the Schematic Design Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents for the Owner's approval. The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and other appropriate elements. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish, in general, their quality levels. § 3.3.2 The Architect shall update the estimate of the Cost of the Work prepared in accordance with Section 6.3. § 3.3.3 The Architect shall submit the Design Development Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, and request the Owner's approval. Wt. AIA Document 9101" - 2017. Copyright ®1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects; "AIA," the AIA Logo, and "AIA Contract Documents' are registered trademarks and may not be used without permission. This document 7 was produced by AIA software al 16:11:12 ET on 08/2512021 under Order No.8244841089 which expires on 01/3112022, Is not for resale, is licensed for one -time l use only, and may only be used in accordance with the AIA Contrac( Documents® Terms of Service. To report copyright violations, e-mail copydghl @aia.org. User Notes: (389ADA46) § 3.4 Construction Documents Phase Services § 3.4.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner's approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that, in order to perform the Work, the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. § 3.4.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents. § 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of (1) procurement information that describes the time, place, and conditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and Contractor; and (3) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and Specifications, and may include bidding requirements and sample forms. § 3.4.4 The Architect shall update the estimate for the Cost of the Work prepared in accordance with Section 6.3. § 3.4.5 The Architect shall submit the Construction Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, take any action required under Section 6.5, and request the Owner's approval. § 3.5 Procurement Phase Services § 3.5.1 General The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner's approval of the Construction Documents,. the Architect shall assist the Owner in (1) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and, (4) awarding and preparing contracts for construction. § 3.5.2 Competitive Bidding § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the Owner in bidding the Project by: .1 facilitating the distribution of Bidding Documents to prospective bidders; .2 organizing and conducting a pre -bid conference for prospective bidders; .3 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to the prospective bidders in the form of addenda; and, .4 organizing and conducting the opening of the bids, and subsequently documenting and distributing the bidding results, as directed by the Owner. § 3.5.2.3 if the Bidding Documents permit substitutions, upon the Owner's written authorization, the Architect shall, as an Additional Service, consider requests for substitutions and prepare and distribute addenda identifying approved substitutions to all prospective bidders. § 3.5.3 Negotiated Proposals § 3.5.3.1 Proposal Documents shall consist of proposal requirements and proposed Contract Documents. § 3.5.3.2 The Architect shall assist the Owner in obtaining proposals by: .1 facilitating the distribution of Proposal Documents for distribution to prospective contractors and requesting their return upon completion of the negotiation process; .2 organizing and participating in selection interviews with prospective contractors; .3 preparing responses to questions from prospective contractors and providing clarifications and interpretations of the Proposal Documents to the prospective contractors in the form of addenda; and, Init. AIA Document 13101' - 2017. Copyright ®1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are registered trademarks and may not be used without permission. This document B was produced by AIA software at 16:11:12 ET on 08/25/2021 under Order No.8244841089 which expires on 01/31/2022, is not for resale, is licensed for one -time / use only, and may only be used in accordance with the AIA Contract Documental` Toms of Service. To report copyright violations, e-mail copyright @aia.urg. User Notes: (3139ADA46) .4 participating in negotiations with prospective contractors, and subsequently preparing a summary report of the negotiation results, as directed by the Owner. § 3.5.3.3 If the Proposal Documents permit substitutions, upon the Owner's written authorization, the Architect shall, as an Additional Service, consider requests for substitutions and prepare and distribute addenda identifying approved substitutions to all prospective contractors. § 3.6 Construction Phase Services § 3.6.1 General § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A201T^ 2017, General Conditions of the Contract for Construction. If the Owner and Contractor modify AIA Document A201 2017, those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement. § 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. § 3.6.1.3 Subject to Section 4.2 and except as provided in Section 3.6.6.5, the Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.2.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors; suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. Init. AIA Document B101' - 2017. Copyright ®1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects,' "AIA; the AIA Logo, and 'AIA Contract Documents" are registered trademarks and may not be used without permission. This document 9 was produced by AIA software at 16:11:12 ET an 08/25/2021 under Order No.8244841089 which expires on 01/3112022, is not for resale, is licensed for one -time / use only, and may only be used in accordance with the AIA Contract Documents® Terms of SerAce. To report copyright violations, e-mail copyright @aia.arg. User Notes: (3139ADA46) § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201 -2017, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. § 3.6.3 Certificates for Payment to Contractor § 3,6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to (1) an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) results of subsequent tests and inspections, (3) correction of minor deviations from the Contract Documents prior to completion, and (4) specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval of the schedule. The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time to permit adequate review. § 3.6.4.2 The Architect shall review and approve, or take other appropriate action upon, the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's responsibility. The Architect's review shall not constitute approval of safety precautions or construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials, or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Contractor's design professional, provided the submittals bear such professional's seal and signature when submitted to the Architect. The Architect's review shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect shall be entitled to rely upon, and shall not be responsible for, the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals. § 3.6.4.4 Subject to Section 4.2, the Architect shall review and respond to requests for information about the Contract Documents. The Architect shall set forth, in the Contract Documents, the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. [nit. AIA Document B101- - tat 1. Copyright 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects; "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document 10 was produced by AIA software at 16:11:12 ET on 08125/2021 under Order No.8244841089 which expires on 0113112022, is not for resale, is licensed for one -time I use only, and may only be used In accordance with the AIA Contract Documents ®Terms of Service. To report copyright violations, e-mail copydght@aia.org. User Notes: (3B9ADA46) § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. § 3.6.5 Changes in the Work § 3.6.5.1 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to Section 4.2, the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect shall maintain records relative to changes in the Work_ § 3.6.6 Project Completion § 3.6.6.1 The Architect shall: .1 conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; .2 issue Certificates of Substantial Completion; .3 forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and received from the Contractor; and, .4 issue a final Certificate for Payment based upon a final inspection indicating that to the best of the Architect's knowledge, information, and belief, the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. § 3.6.6.3 When Substantial Completion has been achieved, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, receipts, releases and waivers of liens, or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractor under the Contract Documents. § 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.1 Supplemental Services § 4.1.1 The services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Supplemental Services only if specifically designated in the table below as the Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. Unless otherwise specifically addressed in this Agreement, if neither the Owner nor the Architect is designated, the parties agree that the listed Supplemental Service is not being provided for the Project. (Designate the Architect's Supplemental Services and the Owner's Supplemental Services required for the Project by indicating whether the Architect or Owner shall be responsible for providing the identified Supplemental Service. Insert a description of the Supplemental Services in Section 4.1.2 below or attach the description ofservices as an exhibit to this Agreement) Supplemental Services Responsibility Architect, Owner, or not provided) § 4.1.1.1 Programming not provided § 4.1.1.2 Multiple preliminary designs not provided § 4.1.1.3 Measured drawings not provided Init. AIA Document 19101' - 1017. Copyright ®1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects,* 'AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document 11 was produced by AIA software at 16:11:12 ET on 08/25/2021 under Order No,8244841089 which expires on 01/31/2022, is not for resale, is licensed for one -time t use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@Zaia.org. User Notes: (369ADA46) §4.1.1.4 Existing facilities surveys not provided § 4.1.1.5 Site evaluation and planning not provided § 4.1.1.6 Building Information Model management responsibilities not provided §4.1.1.7 Development of Building Information Models for post construction use not provided § 4.1.1.8 Civil engineering Architect § 4.1.1,9 Landscape design Architect §4.1.1.10 Architectural interior design not provided § 4.1.1.11 Value analysis not provided § 4.1.1.12 Detailed cost estimating beyond that required in Section 6.3 not provided § 4.1.1.13 On -site project representation not provided § 4.1.1.14 Conformed documents for construction not provided § 4.1.1.15 As- designed record drawings not provided § 4.1.1.16 As- constructed record drawings Architect § 4.1.1.17 Post - occupancy evaluation not provided § 4.1.1.18 Facility support services not provided § 4.1.1.19 Tenant- related services not provided § 4.1.1.20 Architect's coordination of the Owner's consultants not provided § 4.1.1.21 Telecommunications /data design not provided § 4.1.1.22 Security evaluation and planning not provided § 4.1.1.23 Commissioning not provided § 4.1.1.24 4.1.3 Sustainable Project Services pursuant to Section not provided § 4.1.1.25 Fast -track design services not provided § 4.1.1.26 Multiple bid packages Architect § 4.1.1.27 Historic preservation not provided § 4.1.1.28 Furniture, furnishings, and equipment design not provided § 4.1.1.29 Other services provided by specialty Consultants Architect § 4.1.1.30 Other Supplemental Services not provided § 4.1.2 Description of Supplemental Services § 4.1.2.1 A description of each Supplemental Service identified in Section 4. 1.1 as the Architect's responsibility is provided below. (Describe in detail the Architect's Supplemental Services identified in Section 4. 1.1 or, ifset forth in an exhibit, identify the exhibit. The AIA publishes a number of Standard Form of Architect's Services documents that can be included as an exhibit to describe the Architect's Supplemental Services) .1 Architect shall provide Civil Engineering services for the Project. .2 Architect shall provide landscape design services for the Project. .3 Architect will work with Contractor /Construction Manager as applicable to assemble a set of as- constructed drawings for the Project. These documents will include documentation from the Contractor's record set of documents. .4 Architect will provide multiple bid packages for the project if required. § 4.1.2.2 A description of each Supplemental Service identified in Section 4. 1.1 as the Owner's responsibility is provided below. Init. AIA Document 8101' - 2017. Copyright ®1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are registered trademarks and may not be used without permission. This document 12 was produced by AIA software at 16 :11:12 ET on 0812512021 under Order No.8244841089 which expires on 01/3112022, Is not for resale, is licensed for one -time I use only, and may only be used in accordance with the AIA Contract Documents ®Terms of Service. To report copyright violations, e-mail copynght@aia.org. User Notes: (3B9ADA46) (Describe in detail the Owner's Supplemental Services identified in Section 4.1.1 or, ifset forth in an exhibit, identify the exhibit.) § 4.1.3 If the Owner identified a Sustainable Objective in Article 1, the Architect shall provide, as a Supplemental Service, the Sustainability Services required in AIA Document E204T"L2017, Sustainable Projects Exhibit, attached to this Agreement. The Owner shall compensate the Architect as provided in Section 11.2. § 4.2 Architect's Additional Services The Architect may provide Additional Services after execution of this Agreement without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. § 4.2.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following Additional Services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method; .2 Services necessitated by the enactment or revision of codes, laws, or regulations, including changing or editing previously prepared Instruments of Service; .3 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes, laws or regulations that are either (a) contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit, or (b) contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care; .4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner's consultants or contractors; .5 Preparing digital models or other design documentation for transmission to the Owner's consultants and contractors, or to other Owner- authorized recipients; .6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; .7 Preparation for, and attendance at, a public presentation, meeting or hearing; .8 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .9 Evaluation of the qualifications of entities providing bids or proposals; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction; or, .11 Assistance to the Initial Decision Maker, if other than the Architect. § 4.2,2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If, upon receipt of the Architect's notice, the Owner determines that all or parts of the services are not required, the Owner shall give prompt written notice to the Architect of the Owner's determination. The Owner shall compensate the Architect for the services provided prior to the Architect's receipt of the Owner's notice. .1 Reviewing a Contractor's submittal out of sequence from the submittal schedule approved by the Architect; .2 Responding to the Contractor's requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner - provided information, Contractor - prepared coordination drawings, or prior Project correspondence or documentation; .3 Preparing Change Orders and Construction Change Directives that require evaluation of Contractor's proposals and supporting data, or the preparation or revision of Instruments of Service; .4 Evaluating an extensive number of Claims as the Initial Decision Maker; or, .5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom. Init. AIA Document 19101` - 2017 Copydght ®1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects; "AIA,* the AIA Logo, and "AIA Contract Documents' are registered trademarks and may not be used without permission. This document 13 was produced by AIA software at 16:11:12 ET on 0812512021 under Order No.8244841089 which expires on 01/31/2022, is not for resale, is licensed for one -Ome t use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright @aia.org. User Notes: (3139ADA46) § 4.2.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: .1 Three ( 3 ) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Contractor .2 Ten (10 ) visits to the site by the Architect during construction .3 Two (2 ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 Two ( 2 ) inspections for any portion of the Work to determine final completion. § 4.2.4 Except for services required under Section 3.6.6.5 and those services that do not exceed the limits set forth in Section 4.2.3, Construction Phase Services provided more than 60 days after (1) the date of Substantial Completion of the Work or (2) the initial date of Substantial Completion identified in the agreement between the Owner and Contractor, whichever is earlier, shall be compensated as Additional Services to the extent the Architect incurs additional cost in providing those Construction Phase Services. § 4.2.5 If the services covered by this Agreement have not been completed within twenty-four ( 24 ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program, which shall set forth the Owner's objectives; schedule; constraints and criteria, including space requirements and relationships; flexibility; expandability; special equipment; systems; and site requirements. § 5.2 The Owner shall establish the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner's other costs; and, (3) reasonable contingencies related to all of these costs. The Owner shall update the Owner's budget for the Project as necessary throughout the duration of the Project until final completion. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project's scope and quality. § 5.3 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 5.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions, and other necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 5.5 The Owner shall furnish services of geotechnical engineers, which may include test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.6 The Owner shall provide the Supplemental Services designated as the Owner's responsibility in Section 4.1.1. § 5.7 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in AIA Document E204T"L-2017, Sustainable Projects Exhibit, attached to this Agreement. Init. AIA Document 13101- - 2017. Copyright ®1974, 1978, 1967, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects; "AIA; the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document 14 was produced by AIA software at 16:11:12 ET on 08/25/2021 under Order No.8244841089 which expires on 0113112022, is not for resale, is licensed for one -time / use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright @aia.org. User Notes: (389ADA46) § 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated as the responsibility of the Architect in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. § 5.9 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.10 Unless otherwise a responsibility of the Architect or its agents under this Agreement, the Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.11 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. § 5.12 The Owner shall include the Architect in all communications with the Contractor that relate to or affect the Architect's services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project. Communications by and with the Architect's consultants shall be through the Architect. § 5.13 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. § 5.14 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. § 5.15 Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights -of -way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and shall be adjusted throughout the Project as required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner's budget for the Cost of the Work, and the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work, prepared by the Architect, represent the Architect's judgment as a design professional. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials, or equipment; the Contractor's methods of determining bid prices; or competitive bidding, market, or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost of the Work, or from any estimate of the Cost of the Work, or evaluation, prepared or agreed to by the Architect. § 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for design, bidding, and price escalation; to determine what materials, equipment, component systems, and types of construction are to be included in the Contract Documents; to recommend reasonable adjustments in the program and scope of the Project; and to include design alternates as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget. The Architect's estimate of the Cost of the Work shall be based on current area,. [nit. AIA Document B101` — 2017. Copyright O 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," 'AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document 15 was produced by AIA software at 16:11:12 ET on 08/25/2021 under Order No.8244841089 which expires on 0113112022, is not for resale, is licensed for one -time / use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail mpydght @aia.org. User Notes: (3139ADA46) volume or similar conceptual estimating techniques. If the Owner requires a detailed estimate of the Cost of the Work, the Architect shall provide such an estimate, if identified as the Architect's responsibility in Section 4.1.1, as a Supplemental Service. § 6.4 If, through no fault of the Architect, the Procurement Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, the Owner's budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market. § 6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality, or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments. § 6.6 If the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 9.5; .4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or, .5 implement any other mutually acceptable alternative. § 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. If the Owner requires the Architect to modify the Construction Documents because the lowest bona fide bid or negotiated proposal exceeds the Owner's budget for the Cost of the Work due to market conditions the Architect could not reasonably anticipate, the Owner shall compensate the Architect for the modifications as an Additional Service pursuant to Section 11.3; otherwise the Architect's services for modifying the Construction Documents shall be without additional compensation. In any event, the Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this Article 6. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. § 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. § 7.3 The Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering . and adding to the Project, provided that the Owner substantially performs its obligations under this Agreement, including prompt payment of all sums due pursuant to Article 9 and Article 11. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub - subcontractors, and suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols established pursuant to Section 1.3, solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes Init. AIA Document B101' - 2017. Copydght ®1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The 'American Institute of Architects; "AIA,'the AIA Logo, and 'AIA Contract Documents" are registered trademarks and may not be used without permission. This document 16 was produced by AIA software at 16:11:12 ET on 08125/2021 under Order No.8244841089 which expires on 01131/2022, is not for resale, is licensed for one -time / use only, and may only be used in accordance with the AIA Contract Documents* Terms of service. To report copyright violations, e-mail copydght @aia.org. User Notes: (3B9ADA46) of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. § 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. § 7.5 Except as otherwise stated in Section 7.3, the provisions of this Article 7 shall survive the termination of this Agreement. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents, and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201 -2017, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents, and employees of any of them, similar waivers in favor of the other parties enumerated herein. § 8.1.3 Unless prohibited by law, the Architect and Owner waive consequential damages for claims, disputes, or other matters in question, arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Agreement, except as specifically provided in Section 9.7. § 8.2 Mediation § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 8.2 "3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box.) Init. AIA Document 8101' - 2017. Copydght ®1974, 1878, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects; 'AIA; the AIA Logo, and "AIA Contract Documents' are registered trademarks and may not be used without permission, This document 17 was produced by AIA software at 16:11:12 ET on 0812512021 under Order No.8244841089 which expires on 01/31/2022, is not for resale, Is licensed for one -time I use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copydght@aia.org. User Notes: (3B9ADA46) [ ] Arbitration pursuant to Section 8.3 of this Agreement [ X ] Litigation in a court of competent jurisdiction [ ] Other: (Spec) If the Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction. § 8.3 Arbitration § 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement, any claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subject to arbitration, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Agreement. A demand for arbitration shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the arbitration. § 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. § 8.3.2 The foregoing agreement to arbitrate, and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement, shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. § 8.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 8.3.4 Consolidation or Joinder § 8.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (I) the arbitration agreement governing the other arbitration permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 8.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 8.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this Section 8.3, whether byjoinder or consolidation, the same rights of joinder and consolidation as the Owner and Architect under this Agreement. § 8.4 The provisions of this Article 8 shall survive the termination of this Agreement. ARTICLES TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give Init. AIA Document 0101' - 2017. Copyright ®1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA; the AIA Logo, and *AIA Contract Documents' are registered trademarks and may not be used without permission. This document 78 was produced by AIA software at 16:11:12 ET on 08/25/2021 under Order No.8244841089 which expires on 01/3112022, Is not for resale, is licensed for one -time / use only, and may only be used in accordance with the AIA Contract Documents* Terms of Service. To report copyright violations, e-mail wpynght@aia.org. User Notes: (3B9ADA46) seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall compensate the Architect for services performed prior to termination, Reimbursable Expenses incurred, and costs attributable to termination, including the costs attributable to the Architect's termination of consultant agreements. (Paragraphs Deleted) § 9.8 Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of Substantial Completion. § 9.9 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 9.7. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201 -2017, General Conditions of the Contract for Construction. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement, including any payments due to the Architect by the Owner prior to the assignment. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services, or responsibilities beyond the scope of this Agreement. Init. AIA Document 6101' - 2017. Copyright ®1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document 19 was produced by AIA software at 16:11:12 ET on 08125/2021 under Order No.8244841089 which expires on 01/3112022, is not for resale, is licensed for one -time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copydght@aia.org. User Notes: (369ADA46) § 10,5 Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. § 10.8 If the Architect or Owner receives information specifically designated as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section 10.8.1. This Section 10.8 shall survive the termination of this Agreement. § 10.8.1 The receiving party may disclose "confidential" or "business proprietary" information after 7 days' notice to the other party, when required by law, arbitrator's order, or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute. The receiving party may also disclose such information to its employees, consultants, or contractors in order to perform services or work solely and exclusively for the Project, provided those employees, consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.8. § 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties' intentions and purposes in executing the Agreement. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as follows: .1 Stipulated Sum (Insert amount) .2 Percentage Basis (Insert percentage value) Six (6 ) % of the Owner's budget for the Cost of the Work, as calculated in accordance with Section 11.6. .3 Other (Describe the method of compensation) § 11.2 For the Architect's Supplemental Services designated in Section 4. 1.1 and for any Sustainability Services required pursuant to Section 4.1.3, the Owner shall compensate the Architect as follows: (Insert amount of or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) Init. AIA Document B101' - 2017. Copyright 01974, 1978, 1987, 1997, 2007 and 2017 by The American Inslitute of Architects. All rights reserved. The 'American Institute of Architects." "AIA; the AIA Logo, and `AIA Contract Documents' are registered trademarks and may not be used without permission. This document 20 was produced by AIA software at 16:11:12 ET on 08/25/2021 under Order No.8244841089 which expires on 01/3112022, is not for resale, is licensed for one -lime 1 use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright @aia.org. User Notes: (3139ADA46) Fees for the supplemental services outlined in section 4.1.1 are included in the Percentage Basis fee outlined in Paragraph 11.1.2. § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.2, the Owner shall compensate the Architect as follows: (Insert amount of or basisfor, compensation) Negotiated, stipulated sum. § 11.4 Compensation for Supplemental and Additional Services of the Architect's consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus Five percent ( 5 %), or as follows: (Insert amount of or basis far computing, Architect's consultants' compensationfor Supplemental or Additional Services) § 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis, the proportion of compensation for each phase of services shall be as follows: Schematic Design Phase Twenty -Five percent ( 25 %) Design Development Phase Twenty percent ( 20 %) Construction Documents Thirty-Five percent ( 35 %) Phase Procurement Phase Five percent ( 5 %) Construction Phase Fifteen percent ( 15 %) Total Basic Compensation one hundred percent ( 100 %) § 11.6 When compensation identified in Section 11.1 is on a percentage basis, progress payments for each phase of Basic Services from Schematic Design Phase through Procurement Phase shall be calculated by multiplying the percentages identified in this Article by the Owner's most recent budget for the Cost of the Work. Compensation paid in previous progress payments shall not be adjusted based on subsequent updates to the Owner's budget for the Cost of the Work. Progress Payments for the Construction Phase shall be calculated by multiplying the percentages identified in this Article by the then current Contract Sum, including Change Orders, in the agreement between the Owner and Contractor. § 11.6.1 When compensation is on a percentage basis and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. (Paragraphs Deleted) (Table Deleted) § 11.8 Compensation for Reimbursable Expenses § 11.8.1 Reimbursable Expenses, the total of which will not exceed $5,000, are in addition to compensation for Basic, Supplemental, and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: .1 Transportation and authorized out -of -town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project web sites, and extranets; .3 Permitting and other fees required by authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, and standard form documents; Init. AIA Document 13101' -2o17. Copyright ® 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The 'American Institute of Architects,' 'AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This Document 21 was produced by AIA software at 16:11:12 ET on 08/25/2021 under Order No.8244841089 which expires on 01131/2022, is not for resale, is licensed for one -time y use only, and may only be used in accordance with the AIA Contract Documents® Terms of service. To report copyright violations, e-mail wpynght@aia.org. User Notes: (3139ADA46) .5 Postage, handling, and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Renderings, physical models, mock -ups, professional photography, and presentation materials requested by the Owner or required for the Project; .8 If required by the Owner, and with the Owner's prior written approval, the Architect's consultants' expenses of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; .11 Registration fees and any other fees charged by the Certifying Authority or by other entities as necessary to achieve the Sustainable Objective; and, .12 Other similar Project - related expenditures. § 11.8.2 The Reimbursable Expanses outlined above shall not exceed $5,000.00 without approval from the Owner For Reimbursable Expenses approved by the Owner in excess of $5,000.00, the compensation shall be expenses incurred by the Architect and the Architect's consultants plus Five Percent (5.0 %) of those expenses incurred. (Paragraphs Deleted) § 11.10 Payments to the Architect (Paragraphs Deleted) § 11.10.2 Progress Payments § 11.10.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid Forty-Five ( 45 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect, not to exceed Twelve percent (12.0 %) per annum. (Insert rate of monthly or annual interest agreed upon.) § 11.10.2,2 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work, unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.2.3 Records of Reimbursable Expenses, expenses pertaining to Supplemental and Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: (Include other terms and conditions applicable to this Agreement.) Not applicable ARTICLE13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the Owner and Architect. Init. AIA Document B101' - zo i I. Copyright O 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The °American Institute of Architects,* 'AIA,' the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document 22 was produced by AIA software at 16:11:12 ET on 0812512021 under Order No.8244841089 which expires on 0113112022, is not for resale, is licensed for one -time I use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail mpydght@Bla.org. User Notes: (3B9ADA46) § 13.2 This Agreement is comprised of the following documents identified below: .1 AIA Document BIO1Tm -2017, Standard Form Agreement Between Owner and Architect .2 AIA Document E203T^t -2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below: (Insert the date of the E203 -2013 incorporated into this agreement.) .3 Exhibits: (Check the appropriate boxfor any exhibits incorporated into this Agreement.) [ ] AIA Document E204Te 2017, Sustainable Projects Exhibit, dated as indicated below: (Insert the date of the E204 -2017 incorporated into this agreement.) [ ] Other Exhibits incorporated into this Agreement: (Clearly identify any other exhibits incorporated into this Agreement, including any exhibits and scopes ofservices identified as exhibits in Section 4.1.2) .4 Other documents: (List other documents, if any, forming part of the Agreement.) Exhibit A, Certificate's of Liability Insurance This Agreement entered into as of the day and year first written above. OWNER (Signature) Bill Bush, Mayor of Owasso (Printed name and title) (Attested) Juliann M. Stevens, City Clerk (Printed name and title) (Signature) Julie Lombardi, City Attorney (Printed name and title) ARCHITECT (Signature) Jeremy Carlisle, ASLA, PLA, Principal (Printed name, title, and license number, ifrequired) [nit AIA Document 13101- - 2017. Copyright O 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document 23 was produced by AIA software at 16:11:12 ET on 08/25/2021 under Order No.8244841089 which expires on 01131/2022, is not for resale, is licensed for one -time I use only, and may only be used in accordance with the AIA Contract Dowmentse Terms of Service. To report copyright violations, e-mail mpydght @aia.org. User Notes: (3139ADA46) Additions and Deletions Report for AIA® Document B101' — 2017 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and Its associated document were generated simultaneously by AIA software at 16:11:12 ET on 08/2512021. PAGE AGREEMENT made as of the day of in the year 2021 City of Owasso 200 South Main Street Owasso, Oklahoma 74055 Telephone Number: (918) 376 -1500 GH2 Architects, LLC 320 South Boston Avenue, suite 100 Tulsa, OK 74103 Telephone Number: 918.587.6158 Design of new parking:, bus drop off, sidewalks, and fencing improvements at the existing: Owasso Sports Park Owasso Sports Park Vision Improvements 10320 East 116th Street North Owasso, Oklahoma 74055 PAGE TABLE OF ARTICLES (Insert the Owner's program, identify documentation that establishes the Owner's program, or state the manner in which the program will be developed) New parking bus drop off, sidewalks and fencing improvements at the existing Owasso Sports Park Additions and Deletions Report for AIA Document B101" - 2017. Copyright ®1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects; "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:11:12 ET on 08125x1021 under Order No.8244841089 which expires on 01/3112022, is not for resale, is licensed for one -time use only, and may only be used In accordance with the AIA Contract Documents® Terms or Service. To report copyright violations, e-mail copyright @aia.org. User Notes: (3139ADA46) $890,837.48 PAGE To be determined Not applicable Larry Langford 200 South Main Street Owasso, Oklahoma 74055 Telephone Number: (918) 376 -1512 Entail Address: Ilan fp ord(a citvofowasso.com To be determined PAGE 4-- 2 Other, if any: Jeremy Carlisle, ASLk PLA 320 South Boston Avenue Suite 100 Tulsa Oklahoma 74103 Telephone Number: (918) 587 -6158 Additions and Deletions Report for AIA Document 8101' - 2017. Copyright ®1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not 2 be used without permission. This document was produced by AIA software at 16:11:12 ET on 0812512021 under Order No.8244841089 which expires on 0113112022, is not for resale, is licensed for one -time use only, and may only be used in accordance with the AIA Contract Ducumentso Terms of Service. To report copyright violations, e-mail copyright @aia.org. User Notes: (3B9ADA46) Email Address: ibc(a�eh2.com .1 Stsmtural Civil Engineer: Wallace Design Collective Jordan Rodich 123 North Martin Luther King Jr. Boulevard, Tulsa, Oklahoma 74103 Teleohone Number: (918) 584 -5858 PAGE § 2.5.1 Commercial General Liability with policy limits of not less than One Million Dollars ($ 1.000.000.00 ) for each occurrence and Two Million Dollars ($ 2.000.000.00 ) in the aggregate for bodily injury and property damage PAGE § 2.5.2 Automobile Liability covering vehicles owned, and non -owned vehicles used, by the Architect with policy limits of not less than One Million Dollars ($ 1,000.000.00 ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. § 2.5.5 Employers' Liability with policy limits not less than One Million Dollars ($ 1,000.000.00 ) each accident, One Million Dollars ($ 1,000,000.00 ) each employee, and One Million Dollars ($ 1,000,000.00 ) policy limit. § 2.5.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional services with policy limits of not less than Two Million Dollars ($ 2,000.000.00 ) per claim and Two Million Dollars ($ 2.000,000.00 ) in the aggregate. Additions and Deletions Report for AIA Document B101" - 2011. Copyright ® 1974, 1978, 1987, 1997, 2007 and 2017 by The Amedcen Institute of Architects. All rights reserved. The "American Inslitute of Architects; "AIA; the AIA Logo, and 'AIA Contract Documents' are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:11:12 ET on 08/25/1021 under Order No.8244841089 which expires on 01131/2022, is not for resale, is licensed for one -time use only, and may only be used in accordance with the AIA Contract Documents* Terms of Service. To report copyright violations, e-mall copydght@aia.crg. User Notes: (3B9ADA46) PAGE 10 § 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval of the schedule. The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time, in the A fehit° °°f ssienal judgment, time to permit adequate review. PAGE 12 § 4.1.1.1 Programming not provided § 4.1.1.2 Multiple preliminary designs not provided § 4.1.1.3 Measured drawings not provided § 4.1.1.4 Existing facilities surveys not provided § 4.1.1.5 Site evaluation and planning not provided § 4.1.1,6 Building Information Model management responsibilities not provided §4.1.1.7 Development of Building Information Models for post construction use not provided § 4.1.1.8 Civil engineering Architect § 4.1.1.9 Landscape design Architect §4.1.1.10 Architectural interior design not provided § 4.1.1.11 Value analysis not provided § 4.1.1.12 Detailed cost estimating beyond that required in Section 6.3 not provided § 4.1.1.13 On -site project representation not provided § 4.1.1.14 Conformed documents for construction not provided § 4.1.1.15 As- designed record drawings not provided § 4.1.1.16 As- constructed record drawings Architect § 4.1.1,17 Post - occupancy evaluation not provided § 4.1.1.18 Facility support services not provided § 4.1.1.19 Tenant - related services not provided § 4.1.1.20 Architect's coordination of the Owner's consultants not provided § 4.1.1.21 Telecommunications /data design not provided § 4.1.1,22 Security evaluation and planning not provided § 4.1,1.23 Commissioning not provided § 4.1.1.24 4.1.3 Sustainable Project Services pursuant to Section not provided § 4.1.1.25 Fast -track design services not provided § 4.1.1.26 Multiple bid packages Architect § 4.1.1.27 Historic preservation not provided § 4.1.1.28 Furniture, furnishings, and equipment design not provided § 4.1.1.29 Other services provided by specialty Consultants Architect 4.1.1.30 Other Supplemental Services not provi ded .1 Architect shall provide Civil Engineering services for the Project. .2 Architect shall provide landscape design services for the Project. Additions and Deletions Report for ALA Document B101' - 2017. Copyright ®1974, 1978, 1967, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The 'American Institute of Architects,' "AIA; the ALA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This Document was produced by AIA software at 16:11:12 ET an 08/25/2021 under Order No.6244841089 which expires on 01131/2022, is not for resale, is licensed for one -time use only, and may only be used in accordance win the AIA Contract Documents -Terms of Service. To report copyright violations, e-mail copydght@aia.org. User Notes: (3B9ADA46) .3 Architect will work with Contractor /Construction Manager as applicable to assemble a set of as- constructed drawings for the Proiect. These documents will include documentation from the Contractor's record set of documents. .4 Architect will provide multiple bid packages for the project if required. PAGE 14 I Three ( 3 ) reviews of each Shop Drawing, Product Data item, . sample and similar submittals of the Contractor 2 Ten ( 10 ) visits to the site by the Architect during construction .3 Two (2 ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents 4 Two (Z-) inspections for any portion of the Work to determine final completion § 4.2.5 If the services covered by this Agreement have not been completed within twenty -four ( 24 ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. PAGE 15 § 5.10 The- Unless otherwise a responsibility ofthe Architect or its agents under this Agreement, the Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. PAGE 17 § 8.1.3 Unless prohibited by law, the Architect and Owner waive consequential damages for claims, disputes, or other matters in question, arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Agreement, except as specifically provided in Section 9.7. PAGE 18 [ X ] Litigation in a court of competent jurisdiction PAGE 19 the the fellewing fees: 7 Additions and Deletions Report for AIA Document B101• - 2017. Copyright ® 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The 'American Institute of Architects; "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:11:12 ET on 08/2512021 under Order No.8244841089 which expires on 01/31/2022, is not for resale, is licensed for one -time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail mpydght @aia.org. User Notes: (3B9ADA46) .2 LiGensing pep if the Qv,nei; intends to eentinue b § 10.1 This Agreement shall be governed by the law of the place where the Project is located. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 8.3. PAGE 20 Sit (6 ) % of the Owner's budget for the Cost of the Work, as calculated in accordance with Section 11.6. PAGE 21 Fees for the supplemental services outlined in section 4. 1.1 are included in the Percentage Basis fee outlined in Paragraph 11.1.2. Negotiated, stipulated sum. § 11.4 Compensation for Supplemental and Additional Services of the Architect's consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus Five percent (5 %), or as follows: Schematic Design Phase Twenty -Five percent ( 25 %) Design Development Phase Twenty percent ( 20 %) Construction Documents Thirty -Five percent ( 35 %) Phase Procurement Phase Five percent ( 5 %) Construction Phase Fifteen percent ( 15 %) § 11.6 When compensation identified in Section 11.1 is on a percentage basis, progress payments for each phase of Basic Services from Schematic Design Phase through Procurement Phase shall be calculated by multiplying the percentages identified in this Article by the Owner's most recent budget for the Cost of the Work. Compensation paid in previous progress payments shall not be adjusted based on subsequent updates to the Owner's budget for the Cost of the Work. Progress Payments for the Construction Phase shall be calculated by multiolvine the percentages identified in this Article by the then current Contract Sum, including Change Orders, in the agreement between the Owner and Contractor Additions and Deletions Report for AIA Document 8101- - 2017. Copyright O 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects; "AIA; the ALA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:11:12 ET on 08/2512021 under Order No.8244941089 which expires on 01/3112022, is not for resale, is licensed for one -lime use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright @aia.org. User Notes: (3139ADA46) billing § 11.8.1 Reimbursable eRSes Expenses, the total of which will not exceed $5.000, are in addition to compensation for Basic, Supplemental, and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: PAGE 22 § 11.8.2 The Reimbursable Expanses outlined above shall not exceed $5.000.00 without approval from the Owner For Reimbursable Expenses approved by the Owner in excess of $5.000.00, the compensation shall be th"xpenses incurred by the Architect and the Architect's consultants plus afth6 -Five Percent (5.0%) of those expenses incurred. JOB Additions and Deletions Report for AIA Document 8101" - 1017. Copynghl ® 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects; "AIA; the AIA Logo, and 'AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 16;11;12 ET on 08125/2021 under Order No.8244841089 which expires on 01/3112022, is not for resale, is licensed for ane -time use only, and may only be used In accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright @aia.org. User Notes: (3B9ADA46) CeFtib,ingg GeFtifying J shall he efediffited ta the Owner's aeeeent at the time the elipease is ifieurfed. § 11.10.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid Forty -Five (45 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the ^ Dhit""t-.Architect, not to exceed Twelve percent (12.0 %) per annum. Not applicable PAGE 23 Exhibit A. Certificate's of Liability Insurance Bill Bush. Mayor of Owasso Jeremy Carlisle, ASLA, PLA. Principal Attested Juliann M. Stevens. Citv Clerk (Printed name and title) (Signature) Julie Lombardi, City Attorney (Printed name and title) Additions and Deletions Report for AlA Document B101' - 2077. Copyright ®1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects. "AIA; the AIA Logo, and 'AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 1611:12 ET on 0812512021 under Order No.8244841089 which expires on 01131/2022, is not for resale, is licensed for one -time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail mpydght @aia.org. User Notes: (3B9ADA46) Certification of Document's Authenticity AIA Document 2003 I, Insert Name Here, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 16:11:12 ET on 08/25/2021 under Order No. 8244841089 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA" Document B10IT"' - 2017, Standard Form of Agreement Between Owner and Architect, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Dated) AIA Document D401- - 2003. Copyright ® 1992 and 2003 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:11:12 ET on 08125/2021 under Order No.8244841089 which expires on 01/3112022, is not for resale, is licensed for one -time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copydght@aia.org, User Notes: (3B9ADA46) TO: The Honorable Mayor and City Council FROM: H. Dwayne Henderson. P.E. City Engineer SUBJECT: Oklahoma Department of Transportation Project Maintenance, Financing and Right -of -Way Agreement - East 86th Street North Rehabilitation Project, North 1 18 +h East Avenue to North 128th East Avenue DATE: September 2, 2021 BACKGROUND: East 86th Street North is considered a primary arterial in Owasso. The roadway is heavily used and conveys residential, commercial, school and commuter traffic to and from Owasso. The proposed work for this section of roadway is to remove the surface course of pavement and replace it with a new surface course. The pavement will be restriped for vehicular traffic and new bike lane striping will be included. The project was funded in 2019 through the State Transportation Program (STP). The funding approved was based on a conceptual cost estimate developed by staff. The estimated costs have been utilized to develop a Project Maintenance, Financing and Right -of -Way Agreement between the Oklahoma Department of Transportation (ODOT) and the City of Owasso. Construction administration (testing, inspection and administration of pay applications) is equal to 6% of the construction fee. The original estimated total project cost is $1,352,000. PROPOSED AGREEMENT: The ODOT Project Maintenance, Financing and Right -of -Way Agreement is based on the engineering construction estimate provided by staff. If approved by the City Council, ODOT will be responsible for 80% of the road construction and construction administration and the City will be responsible for funding the engineering, surveying and geotechnical costs, and remaining construction. The following table depicts the cost distribution of the original application: Project Segment Estimate ODOT Portion City of Owasso Construction $1,040,000 $832,000 $208,000 Administration $156,000 $125,000 $31,200 Engineering $156,000 N/A $156,000 Total Project Cost $1,352,000 $957,000 (71%) $395,200 (29 %) FUNDING: Funding is available in the Capital Improvements Fund. ODOT PM Finance ROW Agreement Page 2 RECOMMENDATION: Staff recommends approval of the Project Maintenance, Financing, and Right -of -Way Agreement between the City of Owasso and Oklahoma Department of Transportation (ODOT) in an estimated amount of $1,352,000.00 (ODOT's share being $957,000.00) and authorization to execute the agreement. ATTACHMENTS: Site Map ODOT -City of Owasso Project Maintenance, Financing and Right -of -Way Agreement East 86th Street North Pavement Rehabilitation, North 118th East Ave to North 128th East Ave 1" = 500 Location Map 08/30/2021 This map Im aV rE,presems a vlsial display of rela-ed geographic information. Data provided here on is no.guarcmee of acutual field conditions. To be sure of complete accuracy, please contact the state for most up- to-date information. URBAN PROJECT AGREEMENT — (NOT TO EXCEED) (11/23/2020) STATE OF OKLAHOMA DEPARTMENT OF TRANSPORTATION PROJECT MAINTENANCE, FINANCING, AND RIGHT -OF -WAY AGREEMENT OWASSO: E. 86TH ST. REHABILITATION FROM 118TH TO 128TH Project No.: J3- 4740(004)IG State Job No.: 34740(04) This agreement, made the day and year last written below, by and between the City of OWASSO, hereinafter referred to as the Sponsor, and the Department of Transportation of the State of Oklahoma, hereinafter referred to as the Department, for the following intents and purposes and subject to the following terms and conditions, to wit: WITNESSETH WHEREAS, The Sponsor requested that certain street improvements be approved by the Oklahoma Transportation Commission, as were previously programmed by the Sponsor and described as follows: Project Type Div. County JP No Project I Work Type I Description INCOG 08 I TULSA 34740(04) J3- I PAVEMENT OWASSO: E. 86TH ST. REHABILITATION FROM 4740(004) 1 REHABILITATION 118TH TO 128TH WHEREAS, the Department is charged under the laws of the State of Oklahoma with construction and maintenance of State Highways; and, WHEREAS, the Department is, by terms of agreements with the Federal Highway Administration, responsible for the management and construction of certain federally funded projects within the corporate limits of cities within the State of Oklahoma; and, WHEREAS, the Sponsor has been identified as the beneficiary and sub - recipient of such federally funded project; and, WHEREAS, receipt of the benefits of this project will require that the Sponsor assume certain financial responsibilities; and, WHEREAS, the Sponsor is a municipal corporation created and existing under the constitution and laws of the State of Oklahoma; and I URBAN PROJECT AGREEMENT -(NOT TO EXCEED) (11/23/2020) WHEREAS, the laws and constitution of the State of Oklahoma impose financial restrictions on the Sponsor and its ability to ensure financial obligations; and, WHEREAS, the Parties hereto recognize those financial limitations and agree that the financial obligations assumed by the Sponsor, by the terms of this Agreement, are enforceable only to the extent as may be allowed by law or as may be determined by a court of competent jurisdiction; and, WHEREAS, it is understood that, by virtue of the Article 10, Section 26 of the Oklahoma Constitution, the payment of Sponsor funds in the future will be limited to appropriations and available funds in the then current Sponsor fiscal year. NOW, THEREFORE: the Department and the Sponsor, in consideration of the mutual covenants and stipulations as set forth herein, do mutually promise and agree as follows: SECTION 1: PROJECT AGREEMENT 1.1 If applicable, the Department will recommend approval of the project by the Federal Highway Administration. 1.2 The Sponsor agrees to comply with Title VI of the Civil Rights Act of 1964, 78 Stat. § 252, 42 U.S.C. § 2000d et seq., and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Part 21 - "Nondiscrimination in federally assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act 1964 ". 1.3 The DEPARTMENT and SPONSOR mutually recognize that each party is a governmental entity subject to the provisions of the Governmental Tort Claims Act (51 O.S. § 151 et seq.). The DEPARTMENT and SPONSOR hereby mutually agree that each is and may be held severally liable for any and all claims, demands, and suits in law or equity, of any nature whatsoever, paying for damages or otherwise, arising from any negligent act or omission of any of their respective employees, agents or contractors which may occur during the prosecution or performance of this Agreement to the extent provided in the Governmental Tort Claims Act. Each party agrees to severally bear all costs of investigation and defense of claims arising under the Governmental Tort Claims Act and any judgments which may be rendered in such cause to the limits provided by law. Nothing in this section shall be interpreted or construed to waive any legal defense which may be available to a party or any exemption, limitation or exception which may be provided by the Governmental Tort Claims Act. 2 URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11/23/2020) 1.4 The Sponsor understands that should it fail to fulfill its responsibilities under this Agreement, such a failure will disqualify the Sponsor from future Federal -aid funding participation on any proposed project. Federal -aid funds are to be withheld until such a time as an engineering staff, satisfactory to the Department has been properly established and functioning, the deficiencies in regulations have been corrected or the improvements to be constructed under this Agreement are brought to a satisfactory condition of maintenance. SECTION 2: ENGINEERING RESPONSIBILITIES 2.1 The Sponsor shall provide professional engineering services for the development of the Plans, Specifications and Estimates (PS &E) for this project. Design engineering for this project will be performed under the supervision of the Sponsor. Sponsor warrants to the Department that they will review the plans and will certify that the plans are acceptable to the Sponsor and are in full compliance with current standards and specifications. 2.2 Progress payments will be made to the consultant by the DEPARTMENT upon receipt of a properly executed claim form, approved by the SPONSOR, accompanied by suitable evidence of the completion of the work claimed, as detailed in the engineering contract. 2.3 The SPONSOR agrees to hold the Federal Government and the DEPARTMENT harmless from, and shall process and defend at its own expense, all claims, demands, or suits, whether at law or equity brought against the SPONSOR, the DEPARTMENT, or Federal Government, arising from the SPONSOR's execution, performance, or failure to perform any of the provisions of this Agreement, or arising by reason of the participation of the DEPARTMENT or Federal Government in the project, PROVIDED, nothing herein shall require the SPONSOR to reimburse the DEPARTMENT or Federal Government for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the DEPARTMENT. 2.4 When any alleged act, omission, negligence, or misconduct may be subject to the limitations, exemptions, or defenses which may be raised under the Governmental Tort Claims Act, 51 O.S. Sec. 151, et seq., all such limitations, exemptions, and defenses shall be available to and may be asserted by the SPONSOR. No liability shall attach to the DEPARTMENT or Federal Government except as expressly provided herein. 3 URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11/23/2020) 2.5 The Sponsor agrees to the location of the subject project and agrees to adopt the final plans for said project as the official plans of the Sponsor for the streets, boulevards, arterial highways and /or other improvements contained therein; and further, the Sponsor affirmatively states that it has or shall fully and completely examine the plans and shall hereby warrant to the Department, the Sponsor's complete satisfaction with these plans and the fitness of the plans to construct aforesaid project. 2.6 The Sponsor certifies that the project design plans shall comply, and the project when completed will comply, with the requirements of the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101 — 12213), 49 CFR Parts 27, 37 and 38 and 28 CFR parts 35 and 36. The Sponsor shall be exclusively responsible for integrated ADA compliance planning for all Sponsor streets, sidewalks and other facilities provided for public administration, use and accommodation, which is required of recipients and sub - recipients by 49 CFR § 27.11. State highways continued through corporate limits of the Sponsor shall be included in the Sponsor's comprehensive compliance plans. 2.7 To the extent permitted by law, all data prepared under this agreement shall be made available to the Department without restriction or limitation on their further use, with exception of any documents or information that would be considered attorney /client privileged by the Sponsor. 2.8 The Department will conduct the environmental studies and prepare the National Environmental Protection Act documents as required for federally funded projects. 2.9 The Department will forward the environmental documents to FHWA for approval if applicable. SECTION 3: LAND ACQUISITION AND UTILITY RELOCATION 3.1 The Sponsor warrants to the Department that, they have or will acquire all land, property, or rights -of -way needed for complete implementation of said project, free and clear of all obstructions and encumbrances and in full accordance with the Department's guidelines for Right -of -Way Acquisition on Federal -Aid Projects, the Uniform Relocation Act, the National Environmental Protection Act and all other applicable local, state and federal regulations. 3.2 The Sponsor shall be responsible for ensuring all proper tax documentation is filed and issued to recipients of funds paid on behalf of the Sponsor for Right -of -Way acquisition for this project. URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11/23/2020) 3.3 The Sponsor warrants to the Department that it is knowledgeable of and will comply with the provisions of 42 U.S.C.A., Section 4601 -4655 and 23 U.S.C.A., Section 323 (as amended) and 49 C.F.R. Part 24 in the acquisition of all right -of -way and the relocation of any displacees. 3.4 The Sponsor shall remove, at its own expense, or cause the removal of, all encroachments on existing streets as shown on said plans, including all buildings, porches, fences, gasoline pumps, islands, and tanks, and any other such private installations and shall further remove or remediate any existing environmental contamination of soil and water from any source, known or unknown. 3.5 If the acquisition of right -of -way for this project causes the displacement of any person, business or non - profit organization, the Sponsor warrants it will provide and be responsible for the Relocation Assistance Program and all costs associated with the Relocation Assistance Program. The Department, upon request, will provide a list of service providers who have been prequalified to administer the Relocation Assistance Program. The Sponsor agrees to employ a service provider from the prequalified list provided by the Department. Prior to any relocation assistance payments to the Sponsor, all files with parcels requiring relocation assistance shall be submitted to the Department for audit and compliance review. The Sponsor shall notify the Department within seven (7) days of the date of an offer to acquire being provided to a property owner(s) on any parcel which will require relocation assistance. Written notifications regarding service providers, in -house personnel, appeals, offers to acquire or other related correspondence shall be properly addressed and remitted as follows: Oklahoma Department of Transportation Operations Division 200 N.E. 21st Street Oklahoma City, Oklahoma 73105 -3204 3.6 The Sponsor warrants that any procurement, using federal funds, of property, goods or professional and personal services required for this project will be acquired by the Sponsor in compliance with the federal procurement Regulations at 40 USC 1101- 1104 (Brooks Act) and the Regulations for Administration of Engineering and Design Related Service Contracts at 23 C.F.R. Part 172, as well as provisions of State purchasing laws applicable to the Sponsor. 3.7 The Sponsor will certify to the Department prior to establishing a letting date that all existing utility facilities (if any) have been properly adjusted in full accordance with the Department's Right -of -Way and Utilities Division policies and procedures to accommodate the construction of said project; and will be solely responsible for 5 URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11123/2020) payment of any and all contractor expenses, claims, suits and /or judgments directly resultant from any actual utility relocation delays. 3.8 The Sponsor shall have the authority pursuant to 69 O.S. § 1001 and 69 O.S. § 1004 to sell any lands, or interest therein, which were acquired for highway purposes as long as such sale is conducted in accordance with the above cited statutes. 3.9 The Sponsor agrees that if any property acquired utilizing Federal funding is disposed of or is no longer used in the public interest the Sponsor shall reimburse the Department at the current fair market value. 3.10 The Sponsor agrees to; - Transmit copies of the instruments, including all deeds and easements, to the Department prior to the advertisement of bids for construction. - Comply with the provisions of 42 U.S.C.A. § 4601 -4655 and 23 U.S.C.A. § 323 (as amended) and, further comply with 49 C.F.R. Part 24 in the acquisition of all necessary right -of -way and relocation of all displacees. - Convey title to the State of Oklahoma on all tracts of land acquired in the name of the Sponsor if the project is located on the State Highway System. SECTION 4: FUNDING SUMMARY 4.1 The Department and the Sponsor agree that the project will be financed at a nof- fo- exceed, INCOG STBG total estimated cost of $957,000, as described below: FUNDING SOURCE => IN COG STBG City of Owasso STATE TOTAL JOB PIECE DESCRIPTION ESTIMATED SHARE AMOUNT SHARE I %) AMOUNT NO. COST Design $0 Right -of -Way- Utilities- Construction - 80% up 34740(04) $1,352,000 to a limit $957,000 Remainder $395,000 (With 6% Inspection) of Total 1 $1,352,000 1 Total => 1 $957,000 Total => $395,000 2 URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11/23/2020) 4.2 Furthermore, the Department and the Sponsor agree that actual INCOG STBG costs incurred by project phases (JP 34740(04) may exceed initial estimates. Costs between these project phases will be administratively adjusted based on actual cost of each phase, within the total cost of this agreement, without formal supplemental agreement, in so far as the total project agreement is not exceeded. 4.3 It is understood by the Sponsor and the Department that the funding participation stipulated herein may be altered due to bid prices, actual construction supervision costs and non - participating costs incurred during construction. The Sponsor will be responsible for payment of any estimated local funding prior to advertising the project for bid. Upon final acceptance of this project, the total project cost will be determined, and the final amount of local funds (if any) will be determined by the Department's Comptroller per the terms of this agreement. A refund will then be made by the Department to the Sponsor or additional funding will be requested. The Sponsor agrees to make arrangements for payment of any Department invoice within 45 days of receipt. SECTION 5: CONSTRUCTION RESPONSIBILITIES 5.1 The Sponsor agrees to comply with all applicable laws and regulations necessary to meet the Oklahoma Department of Environmental Quality (ODEQ) requirements for pollution prevention including discharges from storm water runoff during the planning and design of this project. Further, the Sponsor agrees and stipulates as stated in the ODEQ's General Permit 0KR10, dated September 13, 2017 or latest revision, to secure a storm water permit with the ODEQ for utility relocations, when required. It is also agreed that the storm water management plan for the project previously described in the document includes project plans and specifications, required schedules for accomplishing the temporary and permanent erosion control work, the site specific storm water pollution prevention plan and the appropriate location map contained in the utility relocation plans. 5.2 The Sponsor's responsibility for environmental cleanup will be a continuing responsibility to remediate any and all known and unknown environmental damage throughout the duration of this agreement with the Department in compliance with State and federal regulations. 5.3 The roadway improvements and all devices specified herein shall not be altered, removed, or cease to be operative without mutual written consent of the Department and the Sponsor. 5.4 Upon approval of this agreement and the plans, specifications, and estimates by the Sponsor, the Department, and the Federal Highway Administration (if applicable), 7 URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11/23/2020) the Department will advertise and let the construction contract for this project in the usual and customary legal manner. It is agreed that the projects herein contemplated are proposed to be financed as previously described, and that this agreement, all plans, specifications, estimate of costs, acceptance of work, payments, and procedure in general hereunder are subject in all things at all times to all local, state and federal laws, regulations, orders, approvals as may be applicable hereto. 5.5 The Department shall provide a copy of the executed construction contract to the Sponsor, upon receipt of a written request. 5.6 The Department will notify the Sponsor of pre -bid dates, bid opening dates, and Transportation Commission award dates in writing upon receipt of a written request. 5.7 The Sponsor agrees that prior to the Department's advertising of the project for bids (as to that part of the project lying within the present corporate limits) it will: - Grant to the Department and its contractors, the right -of -entry to all existing streets, alleys, and Sponsor owned property when required, and other rights -of- way shown on said plans. - Remove at its own expense, or cause the removal of, all encroachments on existing streets as shown on said plans, including all signs, buildings, porches, awnings, porticos, fences, gasoline pumps and islands, and any other such private installations. - Prohibit parking on that portion of the project within the corporate limits of the Sponsor, except as may be indicated in the plans or hereafter approved by agreement with the Department. The Sponsor further agrees not to install, or permit to be installed, any signs, signals or markings not in conformance with the standards approved by the Federal Highway Administration and Manual on Uniform Traffic Control Devices (MUTCD). - Comply with the Department's standards for construction of driveway entrances from private property to the highway, in accordance with the Department's manual entitled "Policy on Driveway Regulation for Oklahoma Highways ", Rev. 5/96, 69 O.S. (2001) § 1210. - Maintain all right -of -way acquired for the construction of this project, as shown on said plans, in a manner consistent with applicable statutes, codes, ordinances and regulations of the Department and the State of Oklahoma. H URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11/23/2020) Have the authority pursuant to 69 O.S. 2001 § 1001 and 69 O.S. 2001 § 1004 to sell any lands, or interest therein, which were acquired for highway purposes as long as such sale is conducted in accordance with the above cited statutes. Prior written approval by the Chief, Right -of -Way Division for the Department shall be required before any sale is made. 5.8 The Sponsor further agrees and warrants to the Department that, subsequent to the construction of said project, the Sponsor will: 1) Erect, maintain and operate traffic control devices, including signals, signs and pavement markings only in accordance with 47 O.S. 2011 §§ 15 -104- 15 -106, and subject to agreement of the Department: a) In the event that any traffic signal installed hereunder is no longer needed for the purposes designated herein, then the traffic signal installed hereunder shall not be moved by the Sponsor to any other point other than that which is approved by the Department prior to such removal. b) In the event there is no mutually agreed location for the reinstallation, the Sponsor will assume complete ownership of the equipment following removal, if the installation is ten (10) years old or older. If the installation is less than ten (10) years old and: 1) In the event the Sponsor desires total ownership of the equipment, the Sponsor shall reimburse the Department the original federal funding percentage share for the original equipment cost only, amortized for a ten(10) year service life, interest ignored, and assuming straight line depreciation. 2) In the event the Sponsor does not desire total ownership of the equipment, the Sponsor shall sell the equipment at public auction to the highest bidder. The Sponsor shall reimburse the Department the original federal funding percentage share of the proceeds of such sale. 2) Subject to agreement with the Department, regulate and control traffic on said project, including but not limited to, the speed of vehicles, parking, stopping and turns only in accordance with 47 O.S. 2011 §§ 15 -104- 15 -106, and to make no changes in the provisions thereof without the approval of the Department. It shall be the responsibility of the Sponsor to notify the Department of any changes necessary to ensure safety to the traveling public. M URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11/23/2020) 3) Maintain all drainage systems and facilities constructed, installed, modified or repaired in conjunction with this project or as may be otherwise necessary to ensure proper drainage for road surfaces constructed under the terms of this agreement. 4) Maintain all curbs and driveways abutting road surfaces constructed under the terms of this agreement and all sidewalks adjacent thereto. 5) Maintain all right -of -way areas adjacent to road surfaces, including erosion control and periodic mowing of vegetation, in a manner consistent with applicable codes, ordinances and regulations. 6) For any portion of the project encompassed under this agreement that is part of the State Highway System, the Sponsor shall maintain all that part of said project within the corporate limits of the Sponsor between the gutter lines and the right - of -way lines, and if no gutter exists, between the shoulder lines and the right -of- way lines, including storm sewers, all underground facilities, curbs and mowing, all in accordance with 69 O.S. Supp. 1994 §901 and all other applicable law. 7) On limited access highways where county roads or city streets extend over or under the highway or public roads are constructed on state rights -of -way but there is no immediate ingress and egress from the highway, responsibility shall be as follows: a. The public roads as defined in OAC 730:35 -1 -2 shall be maintained by the city or county and shall be included in their roadway mileage inventory. b. Where county roads or city streets extend over the highway, the roadway, approaches and bridge surfaces, including the deck, shall be maintained by the city or county. The approach guardrail, bridge structure, and highest clearance posting on the structure shall be maintained by the Department. c. Where county roads or city streets extend under the highway, the roadway approaches and advance signing shall be maintained by the city or county. The Department shall maintain the approach guardrail, bridge structure and surface, and the height clearance posting on the structure. 5.9 The Sponsor further agrees and warrants to the Department concerning any sign and highway facility lighting included as part of this project: 10 URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11/23/2020) 1) The Sponsor will, upon notice from the Department Engineer, provide at its own expense all required electrical energy necessary for all preliminary and operational tests of the highway lighting facilities. 2) Upon completion of the construction of said project, the Sponsor will be responsible for the maintenance and cost of operation of these highway lighting facilities, including all appurtenances thereto and including the sign lighting facilities. 3) It is specifically understood and agreed that the highway lighting and sign lighting facilities specified hereunder shall be continuously operated during the hours of darkness, between sunset and sunrise, and shall not be altered, removed or be allowed to cease operation without the mutual written consent of the Department and the Sponsor. 4) The Sponsor agrees to provide, on a periodic schedule, an inspection, cleaning and re- lamping maintenance program to assure the maximum efficiency of the highway lighting facilities. 5) In the event that the highway lighting facilities installed hereunder are no longer needed for the purposes designated herein, then the highway lighting facilities installed hereunder shall not be moved by the Sponsor to any point other than which is approved by the Department prior to such removal. 6) In the event there is no mutually agreed location for reinstallation, the Sponsor will assume complete ownership of the equipment following removal if the installation is twenty (20) years old or older. If the installation is less than twenty years old and: a) In the event the Sponsor desires total ownership of the equipment, the Sponsor shall reimburse the Department the original federal funding percentage share of the original equipment costs only, amortized for a twenty (20) year service life, interest ignored, and assuming straight line depreciation. b) In the event the Sponsor does not desire total ownership of the equipment, the Sponsor shall sell the equipment at public auction to the highest bidder. The Sponsor shall reimburse the Department the original federal funding percentage share of the proceeds of such sale. 11 URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11/23/2020) 5.10 The Department will appoint competent supervision and inspection of the construction work performed by the construction contractor and will provide such engineering, inspection and testing services as may be required to ensure that the construction of the project is accomplished in accordance with the approved Plans, Specifications and Estimates. The Department reserves the right to make such changes in said plans as may be necessary for the proper construction of said project. 1) The Sponsor agrees to provide such competent supervision as the Sponsor deems necessary during times that the work is in progress to insure the completion of the project to the Sponsor's satisfaction and the Sponsor's representatives and the Department's representatives will cooperate fully to the end of obtaining work strictly in accordance with the plans and specifications. 2) The Sponsor will make ample provisions annually for the proper maintenance of said project, including the provision of competent personnel and adequate equipment, specifically, to provide all required maintenance of the project during the critical period immediately following construction and to keep the facility in good and safe condition for the benefit of the traveling public. 3) The Sponsor warrants to the Department that it will periodically review the adequacy of the aforesaid project to ensure the safety of the traveling public and should the Sponsor determine that further modifications or improvements be required, the Sponsor shall take such actions as are necessary to make such modifications or improvement. When operation modifications are required which in the opinion of the Department exceed the capability of the Sponsor's staff, the Sponsor agrees to retain, at the sole expense of the Sponsor, competent personnel for the purpose of bringing the improvement up to the proper standard of operation. 4) The Sponsor warrants and agrees that upon completion of the aforesaid project, the Sponsor assumes any and all financial obligations for the operation, use, and maintenance of the aforesaid project. SECTION 6: NON - DISCRIMINATION CLAUSE 1. During the performance of this agreement, the Sponsor, for itself, its assignees and successors in interest, agrees as follows: 1) Compliance with Regulations: The Sponsor shall comply with the regulations relative to nondiscrimination in federally- assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time 12 URBAN PROJECT AGREEMENT -(NOT TO EXCEED) (11/23/2020) (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this agreement. 2) Nondiscrimination: The Sponsor, with regard to the work performed by it during the agreement, shall not discriminate on the grounds of race, color, sex, age, national origin, disability /handicap, or income status, in the selection and retention of contractors or subcontractors, including procurements of materials and leases of equipment. The Sponsor shall not participate either directly or indirectly, in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in appendix B of the Regulations. 3) Solicitations for Subcontracts. Including Procurement of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation, made by the Sponsor for work to be performed under a contract or subcontract, including procurements of materials or leases of equipment, each potential contractor or subcontractor or supplier shall be notified by the Sponsor of the Sponsor's obligations under this agreement and the Regulations relative to nondiscrimination on the grounds of race, color, sex, age, national origin, disability /handicap, or income status. 4) Information and Reports: The Sponsor shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the State Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of a Sponsor is in the exclusive possession of another who fails or refuses to furnish this information, the Sponsor shall so certify to the State Department of Transportation, or the Federal Highway Administration, as appropriate, and shall set forth what efforts it has made to obtain the information. 5) Sanctions for Noncompliance: In the event of the Sponsor's noncompliance with the nondiscrimination provisions of this agreement, the State Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including but not limited to: 13 URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11/23/2020) a. Withholding of payments to the Sponsor under the agreement until the Sponsor complies and /or b. Cancellation, termination, or suspension of the agreement in whole or in part. 6) Incorporation of Provisions: The Sponsor shall include the provisions of sub paragraphs 1) through 5) in every contract or subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Sponsor shall take such action with respect to any contract or subcontract or procurement as the State Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions, including sanctions for noncompliance provided, however, that in the event a Sponsor becomes involved in, or is threatened with, litigation by a subcontractor or supplier as a result of such direction, the Sponsor may request the State Department of Transportation to enter into such litigation to protect the interests of the State; and, in addition, the Sponsor may request the United States to enter into such litigation to protect the interests of the United States. SECTION 7: TERMINATION 7.1 This agreement may be terminated by any of the following conditions: a) By mutual agreement and consent, in writing of both parties. b) By the Department by written notice to the Sponsor as a consequence of failure by the Sponsor to perform the services set forth herein in a satisfactory manner. c) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. d) By the Department for reasons of its own and not subject to the mutual consent of the Sponsor upon five (5) days written notice to the Sponsor. e) By satisfactory completion of all services and obligations described herein. 7.2The termination of this agreement shall extinguish all rights, duties, obligations and liabilities of the Department and the Sponsor under this agreement. If the potential termination of this agreement is due to the failure of either the Department or the Sponsor to fulfill their obligation as set forth herein, the non - breaching party will notify the party alleged to be in breach that possible breach of agreement has 14 URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11/23/2020) occurred. The party alleged to be in breach should make a good faith effort to remedy that breach as outlined by non - breaching party within a period mutually agreed by each party. SECTION 8: GOVERNING LAW AND VENUE 8.1 Any claims, disputes or litigation relating to the solicitation, execution, interpretation, performance, or enforcement of this Contract shall be governed by the laws of the State of Oklahoma and the applicable rules, regulations, policies and procedures of the Oklahoma Transportation Commission. Venue for any action, claim, dispute or litigation, mediation or arbitration shall be in Oklahoma County, Oklahoma. SECTION 9: DISPUTE RESOLUTION 9.1 The parties hereto have entered into this agreement in the State of Oklahoma and the laws of the State of Oklahoma shall apply. The parties agree to bargain in good faith in direct negotiation to achieve resolutions of any dispute and, if such efforts are unsuccessful, to retain a neutral mediation service to mediate the dispute prior to the filing of any court action. Mediation shall be conducted in the Oklahoma City area and the costs of such mediation shall be borne equally by the parties. If mediation is not successful, venue for any action brought to enforce the terms of this agreement shall be in Oklahoma County, State of Oklahoma. Each party shall bear any cost and attorney fees incurred by the party in such litigation. SECTION 10: PRIOR UNDERSTANDINGS 10.1 This agreement incorporates and reduces to writing all prior understandings, promises, agreements, commitments, covenants or conditions and constitutes the full and complete understanding and contractual relationship of the parties. SECTION 11: AMENDMENTS OR MODIFICATIONS OF AGREEMENT 11.1 No changes, revisions, amendments or alterations in the manner, scope of type of work or compensation to be paid by the DEPARTMENT shall be effective unless reduced to writing and executed by the parties with the same formalities as are observed in the execution of this agreement. 15 URBAN PROJECT AGREEMENT -(NOT TO EXCEED) (11/23/2020) AXA0Q�f61i0=1ee7l-9 12.1 The Sponsor is to maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred and to make such materials available at its respective offices at all reasonable times, during the agreement period and for three (3) years from the date of final payment under the agreement for inspection by the DEPARTMENT and the State Auditor and Inspector, and copies thereof shall be furnished to the DEPARTMENT, if requested. SECTION 13: HEADINGS 13.1 Article headings used in this agreement are inserted for convenience of reference only and shall not be deemed a part of this agreement for any purpose. SECTION 14: BINDING EFFECTS 14.1 This agreement shall be binding upon and inure to the benefit of the ODOT and the Sponsor and shall be binding upon their successors and assigns subject to the limitations of Oklahoma law. SECTION 15: SEVERABILITY 15.1 If any provision, clause or paragraph of this agreement or any document incorporated by reference shall be determined invalid by a court of competent jurisdiction, such determination shall not affect the other provisions, clauses or paragraphs of this agreement which are not affected by the determination. The provisions, clauses or paragraphs of this agreement and any documents incorporated by reference are declared severable. SECTION 16: EFFECTIVE DATE 16.1 This agreement shall become effective on the date of execution by the Department's Director or his designee. 16 URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11/23/2020) IN WITNESS WHEREOF, the Director of the Department of Transportation, pursuant to authority vested in him by the State Transportation Commission, has hereunto subscribed his name as Director of the Department of Transportation and the Sponsor has executed same pursuant to authority prescribed by law for the Sponsor. The Sponsor, the Department on the APPROVED AS TO FORM AND LEGALITY By on this of day of 20 THE CITY OF OWASSO By Julie Lombardi, City Attorney Bill Bush, Mayor 20, and Attest: Juliann M. Stevens, City Clerk (SEAL): Approved — THE CITY OF OWASSO STATE OF OKLAHOMA DEPARTMENT OF TRANSPORTATION Recommended for Approval Local Government Division Manager APPROVED AS TO FORM AND LEGALITY General Counsel 17 Director of Capital Programs Deputy Director TO: The Honorable Mayor and Council FROM: Daniel Dearing, P.E., CFM. Assistant City Engineer SUBJECT: Payment request for Gas Facilities Relocation with Oklahoma Natural Gas Company - East I I 61 Street North and Garnett Road Intersection DATE: Sept ember 2, 2021 On November 5, 2019, the City Council approved the agreement for Gas Facilities Relocation with Oklahoma Natural Gas (ONG) Company for the East 116th Street North and Garnett Road Intersection Improvement Project, where the City's shared amount was established to be $235,065.00. ONG relocated 1,946 linear feet of various medium- pressure distribution pipelines with the limits of the project. Following the relocation of their utilities, ONG submitted an invoice for $295,266.00, which is $60,201.00 higher than the original estimate. The work for relocation encountered more rock than ONG originally estimated and required ONG to obtain q contract inspector, causing an increase to the overall scope of work and to the City's shared amount. FUNDING: Sufficient funding is available in the Vision Recapture Fund for this project. RECOMMENDATON: Staff recommends authorization for payment to ONG in the total amount of $295,266.00 for expenses related to the Gas Facilities Relocation Agreement for the East l 16th Street North and Garnett Road Intersection Improvement Project. ATTACHMENTS: Location Map Invoice and other Supporting Papers Oklahoma Natural GasW A Division of ONE Gas July 28th, 2021 City of Owasso P.O. Box 180 Owasso, OK 74055 Sir/Madam: INVOICE FOR RELOCATION OF GAS FACILITIES ONE. 116TH STREET NORTH AND NORTH GARNETT ROAD INTERSECTION — TULSA COUNTY, OK ONG JOB ORDER: 021.055.2980.010250 Enclosed are copies of supporting papers for the Final Billing against the City of Owasso in the amount of $295,266.00 for costs incurred on the referenced project. Please mail payment to Oklahoma Natural Gas Company, Attn: Financial Accounting, P.O. Box 401, Oklahoma City, OK 73101 -0401. Elisabeth Hesser Financial Accounting Manager Enclosures 401 North Harvey * Oklahoma City, OK 73102 -34' P.O. Box 401 * Oklahoma City, OK 73101 -0401 405 -551 -6817 Elisabeth.Hesser@onegas.com CCA" Oklahoma Natural Gash A Oiwsion oI ONE Gas BILL TO: CITY OF OWASSO 301 W 2ND AVE OWASSO OK 74055 Mail All Checks To: OKLAHOMA NATURAL GAS COMPANY P.O. Box 401 Oklahoma City, OK 73101 Attn: Financial Accounting Tel: +405 -551 -6500 INVOICE Invoice Number: 60144 Invoice Date: 27- JUL -21 Due Date: 27- JUL -21 Customer Number: 63852 Page Number: 1 of 1 Description Number Task Expenditure QtY Unit Amount Number Type Price CUSTOMER ADVANCE GOV 1.00 270706.60 270708.60 ASSETS 10800000 021.055.2980.010250 237650 Government Contributions 1.00 24557.40 24557.40 Page Total: $295,266.00 Special Instructions Invoice Total Amount Due PLEASE REFERENCE THE INVOICE NO. 60144 ON REMITTANCE $295,266.00 $295,266.D0 For Inquires Regarding Invoice Please Contact: Anulika Abia N/A OKE20068n ONEGAS COM OKLAHOMA NATURAL GAS COMPANY Wire Instructions: OKLAHOMA NATURAL GAS COMPANY P.O. Box 401 JP Morgan Chase, Oklahoma Oklahoma City, OK 73101 ABA#: 103000648 (ACI) Attn: Financial Accounting Account # 808865203 OKLAHOMA NATURAL GAS CITY OF OWASSO COUNTY: TULSA ONG JOB ORDER: 021.055.2980.010250 E. 116TH STREET NORTH AND NORTH GARNETT ROAD INTERSECTION MATERIAL COSTS QUANTITY UNIT SIUNIT AMOUNT ANODE,17 LB D3,CAST,MAGNESIUM.HIGH POT,PACKED W 10 FT.05 LEAD 1 EACH 6.49 6.49 ANODE,5 LB,CAST,H1 MAGNESIUM ALLOY,PACKED W 10 FT, 0.05 CU LEAD 5 EACH 18.72 93.58 CAPD.76IN IPS.MDPE,BUTT FUSION,DR 11,100 PSIGASTM D2513 3EACH 1.50 4.50 CAP,1.25IN IPS,END,MDPE,BUTT FUSION,OR 10,88 PSIGASTM D2513 4 EACH 1.40 5.60 CAP,1.25IN,STEEL,WELD END,STANDAROGRADE B (1) EACH 7.93 (7.93) CAP2IN,STEEL,WE.STD,WPHY 52,SMLS,MSS SP75 2EACH 2266 45.31 CAP.2.00 IN IPS,END,MDPE,BUTT FUSION,DR 11.100 PSIGASTM 02513 1 EACH 2.00 2.00 CAPIIN,STEEL.WE,W PHY 52,SMLS,MSS SP75 4EACH 89.84 359.37 CAP.4.00IN IPS,MDPE,BUTT FUSION,100 PSIGASTM D2513 4 EACH 4,30 17.20 CAP,6.00IN IPS.END,MDPE,BUTT FUSIONDR 11,100 PSIG,ASTM D2513 4 EACH 11.00 4220 COATING WRAPI IN X 9 FT ROLL,MICROCRYS WAX,ABOVE AND BELOW GROUND,BROWN,TRENTON NO 2 24 ROLL 11.54 276.96 COUPLING,6 IN IPS,HDPE,ELECTROFUSION,100 PSIG,BLACK,ASTM D2513 15 EACH 42 A9 637.31 ELBOW,0.75 IN IPS,MDPE,BUTT FUSION,90 DECOR 11,80 PSIGASTM D2513 26 EACH 2.12 55.12 ELBOW,1.25 IN IPS,MDPE,BUTT FUSION,90 DEG,DR 10.100 PSIG,ASTM D2513 6 EACH 2.65 15.90 ELBOW,2 IN IPS.MDPE.BUTT FUSION,90 DEG.100 PSIGASTM 02513 (3) EACH 215 (8.24) ELBOW,2.00 IN IPS.MDPE,BUTT FUSION,90 DEG,100 PSIG,ASTM 02513 8 EACH 2.75 21.96 ELBOW,6 IN IPS.MDPE,BUTT FUSION,90 DEGDR 11,80 PSIGASTM D2513 (10) EACH 20.30 (20100) ELBOW,6.00 IN IPS,MDPE,BUTT FUSION45 DEGDR 11,80 PSIGASTM D2513 2 EACH 18.60 37.20 ELBOW,6.OD IN IPS,MDPE.BUTT FUSION,90 DEGDR 11,80 PSIGASTM D2513 12 EACH 20.30 243.60 FITTING.ELBOW,4IN,STEEL,WE,90 DEG LR,0.188 IN WT,GRADE B.SMLS,ASTM A234 WPB 1EACH 42.59 42.59 FITTING,STOPPLE.2 IN,STEEL,WE.SHORTSTOPP,285 PSIG,ASTM A106,COMPLETION PLUG ANDTHRD CAP 3 EACH 62.95 188.95 FITTING,TRANSITION,2DO INX2.00IN IPS,WTRACER,STX PE,WE X FUS,0.216 IN WT,DR I I,MD,FBE 1 EACH 15.28 15.28 FITTING,TRANSITIONA.00INX4.00IN IPS.STXPE,WEX FUS.0.391 IN WT,DR 11.5,MD.FBE,W TRACER 2EACH 3721 74.42 FITTINGS.PE ELECTROFUSION ,WIPE. 6 IN X B IN, ALCOHOL _ 2EACH 15.80 31.60 MARKER BALL, 1405 XR,41N DIAPASSIVE TUNED,SELF LEVELING,ANTENNA IN WATER RESISTANT,POLY SHELL 3 EACH 0.34 25.02 METER SET,I IN IPS X20LTXI IPS,STEEL,WITH GRUNSKY BYPASS.PARTIAL ZINC PLATING - 6EACH 86.60 519.58 NIPPLE, 1 IN X 14 IN, STEEL. THIRD, STO, 1465 PSIG. BLACK, ASTM A733 3 EACH 6.08 18.23 NIPPLE, 1 IN X 161N, STEEL, THIRD, STD. 1465 PSIG, BLACK, ASTM A733 -_ - 3 EACH 6.96 20.88 NIPPLE, I IN X 10 IN, STEEL, THIRD, STD, 1465 PSIG. BLACK ASTM A733 3 EACH 7.25 21.74 NIPPLE, i IN X 201N. STEEL, THIRD, STD, 1465 PSIG, BLACK ASTM A733 - - - 3 EACH 8.77 26.31 NIPPLE. 11N X 221N, STEEL, THIRD, STD, 1465 PSIG, BLACK ASTM A733 3 EACH 992 29.45 NIPPLE, 1 IN X 241N, STEEL, THRD, STD. 1465 PSIG, BLACK ASTM A733 3 EACH 9.70 29.10 .NIPPLE, 21N X 3IN, STEEL, THIRD, STD, 112D PSIG, BLACK, ASTM A733 2 EACH 2.09 4.18 NIPPLE, 21N X4IN, STEEL, THIRD, STD, 1120 PSIG, BLACK ASTM A733 2 EACH 2.55 5.09 NIPPLE, 21N X 51N, STEEL, THIRD, STD, 1120 PSIG, BLACK ASTM A733 2 EACH 3.03 6.05 NIPPLE2 IN X CL,CARBON STEEL,THRD,STD,1120 PSIG,BLACK,ASTM A733 2 EACH 1.81 3.62 PAINT - METER B SETTING MAINTENANCE, GRAYANS149 COLOR. BRUSH APPLICATION, SLOW DRYING 1EACH 25.72 25.72 PIPE HDPE,COIL,6.0001N IPS,DR 11,500 FT COIL,0.6021N WALL,UNI OR BIMODAL,5DO FT COIL,NO REGRIND ALLOWED 500 FEET 6.15 3,076.34' PIPE MDPE,COIL,0.75 IN IPS,DR 11,500 FT COIL.DWS IN WALL.BIMODAL,NO REGRIND ALLOWED,ASTM D2513,YELLOW 1021 FEET 0.32 324.37 PIPE MDPE,COIL,1.251N IPSOR 10,500 FT COIL,0.1661N WALL,BIMODAL,NO REGRINDALLOWED,ASTM 32513,YELLOW 448 FEET 311.55 PIPE MOPE.COIL.2.00 IN IPS,DR 11,500 FT COIL,0.216 IN WALL,UNIMODAL,NO REGRIND ALLOWED,ASTM D2SIGYELLOW - 500 FEET 0.70 0.73 366.31 PIPE MOPE,COIL,6.00IN IPS,DR 11.5,500 FT COIL.0.576IN WALL,UNI OR BIMODAL,NO REGRIND ALLOWED,ASTM D25_13 2000 FEET 5.43 10,850.28 PIPE MDPE.STICK4.00 IN IPS,DR 11.5,40 FT STICKSA.395 IN WALL,UNI OR BIMODAL,NO REGRIND ALLOWED - 40 FEET 2.49 99.61 PIPE MOPE,STICK6.00 IN IPS,DR 11.5,40 FT STICKS.O 576 IN WALL,UNI OR BIMODAL,NO REGRINDALLOWED 120 FEET 4.14 496.95. PIPE STEEL,BARE,2.375 IN 013,015,1 IN WT,BARE,DRL,STRUCTURAL NON GAS CARRYING,3.66 LBS PER FT,BEV 64 FEET 3.04 194.26 PIPE STEEL,BARE4.500IN OD,0.237IN WT,BAREDRL,STRUCTURAL NON GAS CARRYING,10.80 LBS PER FT,BEV - 32 FEET SAO 172.80. PIPE STEEL,FBER.500 IN OD,0.237 IN WT,X52.ERW,FSE 14 -16 MILSDRL,API 5L.10.80 LBS PER FT,BEV 4 FEET 8.93 35.72 PLUG, 1 IN, XPANDER, RUBBER, TYPE C - 8 EACH 2.55 20.40 PLUG, 1.251N, XPANDER, RUBBER, TYPE C - 1 - 8 EACH 265 21.20 PRIMERTEMCOAT 30W.MICROCRYS WAX,ABOVE AND BELOW GROUND,BROWN,TRENTON 2 EACH 37.52 75.03' REDUCER,2 IN IPS X 1.251N IPS.MDPE,BUTT FUSION,DR 11 X DR 10,80 PSIGASTM 02513 - 2 EACH 3.30 6.60 REDUCER,41N IPS X 21N IPS,MDPE,BUTT FUSION,DR 11,100 PSIGASTM D2513 - _ 1 EACH 4.95 4.95'. REDUCER,6.00 IN IPS X4.001N IPS,MDPE.BUTT FUSIONOR 11,80 PSIGASTM D2513 3 EACH 16.50 49.50 REGUTATOR.1 I A X 1 I KINTRNAL REL,CI,THRD,1813C, HONEYWELL AMERICAN ,SPRING OP,C2 STRT BODY,BRWN SPRIG 1EACH 19.29 RISER SERVICE, 1.00 IN X 0.75IN IPS.ST X PE.THREADED X FUSION,DR 11,MD,30.00 IN V X 15.001N H,90 PSIG 8 EACH 33.43 267.41 RISER SERVICE.1.25 IN X 1. 251N IPS, STX PE ,THREADEDXFUSION.PREBENT,0.075 IN WT,DR I0,MOPE,36 IN VX211N H 5EACH 139.21 RISER SERVICE2.00 IN X 2ODIN ,ANODELESS,IPS,STXPE,THREADEDX FUSION ,PREBENT,STANDARDWALL.DR 11 'EACH 27.84 68.20 204.59 SCRAPMISC PLASTIC (2,686)EACH 0.91 (25.95) TEE 2IN MI THIRD, STD, 300 PSIG, BLACK ASME 916.3 1 EACH 10.0 10.90' TEE 1.00IN MALLEABLE IRON,THREADED.STANDARD,300 PSIG,BLACK,ASME 816.3 2 EACH 3.05 6.10 TEE 2.00 IN IPS XO .75 IN IPS.TAPPING,MDPE,BUTT FUSION, CONVENTIONAL,080 IN CUTTER,100 PSIG,ASTM D2513 3 EACH 7.00 21.00'. TEE.21N IPS,MDPE,BUTT FUSION,DR 11,100 PSIGASTM D2513 (1) EACH 2.70 TEE,21N3 WAY,STEEL,WE, SCARFED, SHORTSTOPP,285 PSIG.COMPLETION PLUG AND THIRD CAP - -_� LEACH 130.61 130.01 TEE,2.DO IN IPS,MDPE.BUTT FUSION,DR 11.100 PSIGASTM D2513 - 1 EACH 2.70 TEE,4 IN IPS X 2 IN IPS. TAPPING, HIGH VOLUME,MDPE,ELECTROFUSION, 1.81N CUTTER, 100 PSIGASTM D2513 2EACH 58.84 WAY,STEEL,WE,TYPE IIA,205 PSIG,SCFD, FLANGED - 1 EACH 542.32 TEE4 IN,SPHERICAL 3 WAY,STEEL,WE,ANSI 150,285 PSIG,COM PLETE W FLANGE 11.376.25 1,376.25 TEE,6IN IPS X 07501N I PS,TAPPING. MDPE.ELECTRO FUSION. O. 00IN CUTTER,ASTM D2513,BUTT OUTLET,W 121N SLEEVE 6EACH 29.05 120.30 TEE,6 IN IPS X 0.7501N IPS, TAPPING ,MOPE,ELECTROFUSION,0.80IN CUTTER,ASTM D2513,BUTT OUTLET,W 121N SLEEVE 3EACH 20.97 62.92 TEES IN IPS X 1.251N IPS,TAPPING,MDPE,BUTT FUSION,DR11,0.80 IN XL CUTTER,100 PSIGASTM D2513,W 121N SLEEVE 3 EACH 8.38 25.13 TEE,61N IPS X 21N IPS, TAPPING, HIGH VOLUME,MDPE,ELECTRO FUSION,100 PSIG,ASTM D2513,BUTT FUSION OUTLET 1 EACH 66.69 66.69 TEE.6 IN IPS X 2 IN IPS, TAPPING. HIGH VOWME,MDPE,ELECTROFUSION,1.8 IN CUTTERIOO PSIGASTM D2513 67.81 TEE.61N IPS,MDPE.BUTT FUSION,DR 11,100 PSIG ASTM 02513 22.00 88.00 VALVE,BALL,6IN IPS,MDPE,BUTT FUSION. 100 PSIGDR II,MD,FULL PORT,ASTM D2513 396,51 VALVE,BOX,0.500 IN TO 1.2501N,ASS POLY,CURB, SLIP FIT,ADJ HEIGHT 181N TO 341N,UNIVERSAL,BLACK 396.51 1.68 (1.66) VALVE,SOX,6 INABS POLY,SCREWTYPE.ADJ HEIGHT 411N TO 541N.CAST IRON FLANGED,NON LOCKING VENTED LID 66.42 VALVE,EXCESS FLOW,0.75 IN IPS,MDPE,FUS,SERIES 180DOR 11,12.00 IN LONGASTM 0513 6 EACH 7.97 47.80 VALVE, EXCESS FLOW,D751N IPS,MDPE,FUS,SERIES 70DOR 11.12.00 IN LONG,400 CFH TRIP FLOW 7 EACH 843 56.94 VALVE,EXCESS FLOW,1.25IN IPS,MDPE,FUS.SERIES 2600,DR 10,121N LONGASTM D2513 24.27 48.54 VALVE,EXCESS FLOW.2IN IPS,MDPE,FUS,SERIES IDDOODR11,16 IN LONG,ASTM 02513 1EACH 279.86 27986 VALVE,METER STOPI IN,GALV IRON,FNPT,56OG PLUG STYLE,175 PSIG,NON INSULATED,WRENCH OPERATED,LOCKING 3EACH 15.63 47.50. VALVE, METERSTOP ,1.251N,GALVIRON,FNPT,559G PLUG STYLE,175 PSIG,NON INSULATED,WRENCHOPERATED.RELUBE 2EACH 22.31 44.62 VALVE,METER STOP,2IN,GALVIRON.FNPT,559G PLUG STYLE,175 PSIG,NON INSULATED,WRENCH OPERATED,LOCKING 2EACH 45.70 91.39 VALVE,PLUG,2IN,STEEL,FNPT,FIG 142,ANSI 125 ,175 PSIG,LOCKING,STD TRIM,API 6D - 2EACH 81.20 162.56 WIPER -PAPER CELLULOSE MEDIUM DUTY, X 15 ", POP-0 WHITE PACKAGE, 9 PACKAGES 4 PACKAGE 0.48 29.03 W, 30 IL H, TRACE WIRE, SOLID. 10 GA. THWN, COPPER, YELLOW, 30 MILL, 1000 FT, HIGH, TRACER, BURIED GAS PIPELINE - D GAS 2000 FEET - 0.15 - 299.281 WIRE,SOLID.19 GATHWN.C9PPER,YELLOW,30 MIL INSULATION,500 FT.HIGH,TRACER,BURIED GAS PIPEUNE - 3500 FEET 0,15 524.321 (blank) - -- - (1) EACH 1,398.43 (1,389.43) TOTAL MATERIAL COSTS 22.778.91 INSTALLATION COSTS OUANTTTY UNIT SNNIT AMOUNT :ADMINISTRATIVE ANO GENERAL EXPENSE 195,B81.28 LABOR ATTENDS 735.23 COMPANY LABOR 2,523.98 STORES EXPENSE 4784.85 RIGHT OF WAY DRAFT 4,500.00 CONTRACTOR LABOR CONTRACTOR LABOR 31,060.04 ABL LAND SERVICES, INC. 2,100,001 NPL CONSTRUCTION CO 332,521.11 PARNELL CONSULTANTS INC 79,618.09 .PRIME ENERGY SERVICES 6,952,12 SAND SPRINGS METER COMPANY 28,841.16. BLANK 576.82 SAND SPRINGS METER COMPANY OFFSET ABOVE 608.51 RESTORATION 12,17 SAND SPRINGS METER COMPANY 6,980.69; BLANK OFFSET BELOW) 696.341 TOTAL INSTALLATION COSTS 654,265.38 RETIREMENT COSTS QUANTITY I UNIT SIUNIT I AMOUNT '.ADMINISTRATIVE AND GENERAL EXPENSE 17,038.89 LABORATTENDS 65.67 COMPANY LA BOR 235.74 STORES EXPENSE 293.75 CONTRACTOR LABOR NPL CONSTRUCTION CO 31,060.04 PARNELL CONSULTANTS INC 7,436,91 PRIME ENERGY SERVICES 649,38 SAND SPRINGS METER COMPANY 2.693.98 BLANK 53.68 'RESTORATION SAND SPRINGS METER COMPANY OFFSET ABOVE 608.51 'BLANK OFFSET ABOVE 12,17 CONTRACTOR STORES ISSUE MATERIALS 1,530.08 .STORES RETURNS MATERIAL .SCRAP -MISC PLASTIC 0.03 VALVE,METER STOP2 IN,GALV IRON,FNPT,559G PLUG STYLE 175 PSIG.NON INSULATED WRENCH OPERATED,LOCKING 279 'VALVE,METER STOP,1251N,GA.V IRON FNPT,559G PLUG STYLE.175 PSIG. NON INSULATED.WRENCH OPERATED 4.29 `. VALVE,EXCESS FLOW,0.75IN IPS.MDPE.FUS.SERIES 700,DR 11,12.00 IN LONG,400 CFH TRIP FLOW 0.47 IANODEI7 LS 03,CAST,MAGNESIUM.HIGH POT.PACKED W 10 FT.05 LEAD 8.39 COUPUNG IN IPSHDPE,ELECTROFUSION,100 PSIG,BLACK,ASTM D2513 0.29 ELBOW,2 IN IPS MDPE.BUTT FUSION,90 DEG,100 PSIG,A9TM D2513 0.48 ;VALVE.EXCESS FLOW 1.251N IPS MDPE FUS SERIES 5600 OR 10.121N LONG,ASTM D2513 6.68 'TEE,41N 3 WAY STEEL.WE TYPE IIA 265 PSIG SCFO FLANGED 31.64 !METER SET i IN IPS X 2OLT X 1 IPS STEEL WITH GRUNSKY BYPASS PARTIAL ZINC PLATINGAEGULATOR ID 185000012 20.24 FITTING,ELBOW4 IN,STEEL, WE,90 DEG LR 0.1881N WT GRADE B SMLS ASTM A234 WPB 2.46 I ELBOW 0.75IN IPS,MDPE,BUTT FUSION.90 DEG,DR 11.80 PSIG ASTM D2513 0.49 IVALVE BALL,1.251N IPS,MDPE,BUTT FUSION.10 PSIG,DR 10,MD FULL PORT FULL PORT.ASTM D2513 4,06 IELSOW,B IN IPS,MDPE,BUTT FUSION,90 DEG,DR 11,80 PSIG,ASTM D2513 (11.74) - :CAP.1.251N IPS,ENO MDPE,BUTT FUSION.OR 10,88 PSIG,ASTM D2513 0,57 ELBOW,1.25 IN IPS MDPE,BUTT FUSION,90 DEG,DR 10,100 PSIG,ASTM D2513 0.61 ICAP,1.251N.STEEL, WELD END STANDARD,GRADE B 9.54 ,SCRAP- MISCPLASTIC 0.05 ITEE,2IN IPS,MDPE,BUTT FUSION DR 11.100 PSIG,ASTM 02513 0.16 VALVE,SOX,O.SUO IN TO 1.2501N,ASS POLY,CURB, SLIP FIT ADJ HEIGHT IS IN TO 341N,UNIVERSAL,BLACK .83 SCRAP -MISC PLASTIC 0,06 ICAP 0.751N IPS,MDPEBUTT FUSION,DR 11,100 PSIG,ASTM D2513 0,61 !COATING WRAP 41N X 9 FT ROLL,MICROCRVS WAX,ABOVE AND BELOW GROUND,BROWN,TRENTON NO 2 16.02 I$GRAP _RISC PLASTIC 1.00 (SCRAP -MISC PLASTIC 0.30 iSCRAP -MISC PLASTIC 0.07 TOTAL RETIREMENT COSTS 61.418.25 TOTAL COST FOR PROJECT 738,462.54 LESS: ONO COMPANY SHARE 60.02% ("3,196.54) AMOUNTOUEFINALBILUNG 268,266,00 AGREEMENT GAS FACILITIES RELOCATION ROADWAY IMPROVEMENT PROJECT N. GARNETT RD. AND E 116th ST. N. INTERSECTION CITY OF OWASSO TULSA COUNTY Oklahoma Natural Gas Company, a Division of ONE Gas, Inc., hereinafter called "Company," owns various medium - pressure distribution natural gas pipelines within the construction limits of the referenced project in the City of Owasso, Tulsa County, Oklahoma, which Company utilizes in the discharge of its duties as a public service corporation. City of Owasso, Oklahoma, a municipal corporation, hereinafter called "City," has requested Company to relocate these facilities to accommodate the proposed construction of the referenced project as shown on plans therefore, the latest of which were received electronically by Company on October 25, 2018. City agrees to reimburse Company in the extent and manner hereinafter stated for that portion of the cost of relocating said facilities which is for the benefit of City. Company proposes to perform the necessary relocation of its facilities in substantial accordance with the seven plan sheets and the two -page cost estimate, all dated September 11, 2019, of which four copies each are attached. Company will bear the cost of relocating the portions of the facilities which do not occupy private rights -of -way. The City's share of the estimated cost of the necessary relocation will be $235,065, all of which is to be reimbursed to Company by City. City by accepting the proposal agrees that City shall reimburse Company for its share of the total actual relocation costs, said costs being arrived at in the same manner as used in Company's estimated cost of the project attached hereto. Such relocation costs will be based upon, but not necessarily limited to, material suppliers', work contractors', and equipment - rental invoices; and at then - current rates and prices, company's transfer and stores expense charges for warehoused materials; payroll time sheets; indirect labor charges; auto, truck, and equipment use records; expense statements; and standard allocated overhead charges. Companys award of and payment for contracted work will be based upon competitive bids or continuing contract, whichever appears to the Company will be most practical and economical. It is further understood, and City by accepting this proposal agrees, that City will reimburse the Company in accordance with this agreement within thirty (30) days after the said relocation work has been completed and Company's statement for City's costs thereof has been submitted. Company agrees that in the event Company should determine prior to commencement of construction that the revised estimated amount of the reimbursement by the City may exceed the estimated cost as stated herein, Company shall notify the City of such determination in writing. City shall have the right to terminate this agreement within ten (10) days of receipt of such said written notice. If City elects to so terminate, City shall pay Company the City's share of any engineering cost incurred to date of termination. If the City does not terminate the agreement within the ten (10) days, it shall remain in full force and effect. The Company by agreeing to or by abandoning, relocating, or modifying any of its facilities pursuant to this agreement shall not thereby be deemed to have abandoned, modified, released, or otherwise destroyed any of its rights existing at the time of the execution of this agreement under valid and subsisting private right -of -way easements granted to, obtained by or through condemnation, or otherwise vested in the Company unless the Company shall have released same by written instrument. Further, should the Company in the course of relocating the above - described facilities relocate any of such facilities presently located on private right -of -way onto public right -of -way, the Company shall be deemed in respect to such facilities to have retained sufficient easement and other rights such that if said facilities are encompassed within any future governmental project requiring relocation, adjustment, or abandonment of such facilities, that the Company shalt Page 1 of 2 be entitled to reimbursement for the cost of such relocation, adjustment, or abandonment from the governmental agency requiring the same; provided, however, this provision shall not be construed as requiring reimbursement by the City of Owasso except when such relocation, adjustment, or abandonment is required for a project of the City of Owasso. Any changes made by the City in this proposal as submitted by the Company shall be subject to the written acceptance thereof by the Company before there is any binding contract between the parties. City by accepting this proposal warrants that it now has or will have unencumbered funds available with which to pay the relocation costs to the extent herein above provided. If this proposal is not accepted by the City within one (1) year from the date of this letter, this proposal shall automatically terminate and thereafter shall not be subject to acceptance by the City unless the proposal is reinstated by Company. Company respectfully requests that the City of Owasso agree to the terms of this proposal by signing in the space provided below and returning one executed copy to us. jary Dated: OKLAHOMA NATURAL GAS COMPANY, A DIVISION OF ONE Gas, Inc. By Jarrett Vice President Operations APPROVED as to form and legality this 4A day of Nove#n6Q/ , 2019. CITY OF OWASSO, OKLAHOMA ATTEST: Clerk This day of 2019. Page 2 of 2 OKLAHOMA NATURAL GAS COMPANY ESTIMATED GAS FACILITIES RELOCATION COST E. 116TH STREET NORTH AND NORTH GARNETT ROAD CITY OF OWASSO Replacement wl Like Kind and Size (for Comparison. only) MATERIAL COST: PIPE STEEL,ARO,4 500 IN OD,0.237 IN WT,X52,ERW,FSE 14.16 ARO 20 MILS,DRLAPI 5L,10.f PIPE STEEL,ARO,2.375 IN OD,0 1541N WT,X52,ERW,FBE 14 -18 ARO 20 MILS,DRL,API 5L,3.6f VALVE,GATE,2 IN,STEEL,FERF,ANSI 150,275 PSIG,SOUARE OPERATING NUT,FULL PORT,AP FITTING- TEE -21N -3 WAY-STEEL-WE-SCARFED, SHORTSTOPP -285 PSIG FITTINGS-TEE-4 IN -3 WAYST- WE-THRO CAP -TYPE IIA -285 PSIGSCFD- FLANGED FITTING - STOPPLE -2 IN- STEEL- WE4HORTSTOPP -285 PSIG FITTING -TEE -41N X 41N X 2 IN-REDUCING-STEEL-WE-0.237 X 0 -154 WT- Y52SMLS FITTINGS - ELBOW -4 IN-STEEL-WE-90 DEG 1-R-0.237 IN WT -WPHY 52 -SMLS -MSS SP75 FITTINGS- ELaOW -2 IN- STEEL- WE- 2.3751N OD-90 DEG LR -0.154 IN WT -WPHY 52SMLS -MSS 1 FITTING- TEE -4 IN- STEEL -WELD END -0 237 IN WT- Y52SEAMLESS FITTINGS -CAP -4 IN- STEEL -WE -W PHY 52 -SMLS -MSS SP75 FITTINGS -CAP -2 IN- STEEL- WESTI7 -WPHY 52SMLS -MSS SP75 FITTING - TEE -2 IN- STEEL -WELD END- 0.1541N WT -Y52- SEAMLESS 179 ANODE - EXTRUDED, MAGNESIUM, PACKAGED, 10FT LEAD, D3 HIGH POT CORROSION CONTROL-COATING-4 IN X 9 FT ROLL - WRAP - MICROCRYS WAX -ABV AND BLW CORROSION CONTROL- PRIMER - MICROCRYS WAX -ABV AND BLW GRD- TEMCOAT 3000-BRC VALVE,BOX,2 IN,ABS POLY.SCREW TYPEAOJ HEIGHT 281N TO 391N,CAST IRON FLANGED] VALVE -BOX -050 IN TO 1.251N -ASS POLY- CURBSUP FIT -ADJ HEIGHT 181N TO 341N- UNIVEF 4' MARKER BALL, PASSIVE TUNED, SELF LEVELING, ANTENNA MOLDED IN PLATIC DISK. Total Estimated Main Material Cost SERVICE MATERIAL COST: 1' 1/4" PIPE -MOPE IPS, 119" WALL OR it, COIL-MO'. ASTM D2513, YELLOW 1 1/4" CAPSTEEL WE STD GR B FITTINGS- TEE -0.76 IN IPS X 0.75 IN IPS -ST X PE -TRANS -STD FITTINGS - REDUCER- 1.251N IPS X 0.751N- PE- SKT -MD -100 PSIG VALVE,EXCESS FLOW,1.25 IN IPS,MOPE,FUS,HIGH CARDR I1,SERIES 1800.12 IN STICKS.Ag FITTINGS -SV RSR.1.251N STEEL X 1.25 PEST X PE -THRO X FUS-0 0901N WT -DR 11- MD -FBE 1 1/4" METER SET, STEEL, DOM W/ 1" SRV REG 185000010 WIRE- SOLID -10 GA -THWN- COPPER. YELLOW -30 MILL-500 FT -HIGH - TRACER -Burled Gas Pipe Total EUmated Service Material Cost TOTAL ESTIMATED MATERIAL COST INSTALLATION COST: Total Estimated Material Costs Contract Construction Labor Contract Drafting Services Company Labor Reslaration- Damages TOTAL Contingencies Administrative and General Expense AMOUNT $24,566 $151,992 $7.347 $8,865 $3.755 INSTALLATION plus MATERIAL $196,525 $54,294 $87,571 TOTAL ESTIMATED RELOCATION COST 5338391 FINANCIAL RESPONSIBILITY ` Total within Private Right of Way= 1,698 fl. Total within Public Right of Way = 248 ft. City of Owasso Share 1 698 ft wiltin additional required R/W 8726% = $295,266 1,946 R. within total required R/W ONG Share 248 fl within present public RAW 12,74% = $43,125 1,946 ft. within total required RNV Sheet 2 of 3 QTY UNIT COST AMOUNT 1,230 ft 9.92 $12,202 780 ea. 8.44 $6,584 1 ea. 448.00 $448 1 ea. 116.25 $117 2 ea. 489.00 $978 2 ea. 56.25 $113 1 ea. 72.00 $72 4 ea. 62.00 $248 5 ea. 61.00 $305 2 ea. 74.87 $150 6 ea. 107;00 $642 4 ea. 35.29 $142 1 ea. 14.15 $15 3 ea. 48.98 $147 48 ea. 11.72 $563 2 ea, 37.17 $75 1 ea. 60.42 $61 3 ea. 22.56 $68 3 ea. 8.30 $22,955 QTY UNITCOST AMOUNT 845 ft. 0.19 $161 9 ea. 10.91 $99 9 ea. 37.78 $340 9 as 2.00 $18 8 ea. 21.60 $173 8 ea. 23.58 $189 8 ea. 63.99 $512 845 as 0.14 719 $1,611 $24,566 AMOUNT $24,566 $151,992 $7.347 $8,865 $3.755 INSTALLATION plus MATERIAL $196,525 $54,294 $87,571 TOTAL ESTIMATED RELOCATION COST 5338391 FINANCIAL RESPONSIBILITY ` Total within Private Right of Way= 1,698 fl. Total within Public Right of Way = 248 ft. City of Owasso Share 1 698 ft wiltin additional required R/W 8726% = $295,266 1,946 R. within total required R/W ONG Share 248 fl within present public RAW 12,74% = $43,125 1,946 ft. within total required RNV OKLAHOMA NATURAL GAS COMPANY ESTIMATED GAS FACILITIES RELOCATION COST E. 116TH STREET NORTH AND NORTH GARNETT ROAD CITY OF OWASSO Actual Replacement Sheet 3 of 3 MATERIAL COST: CITY UNITCOST AMOUNT 6 -PIPE -HOPE, IPS, 602- WALL, SDR 11.5, 40' LENGTHS, ASTM D2513 160 ft. $6.16 $985,60 6" PIPHvIDPE, IPS,.576" WALL, SDR 11.5, 500' COIL, LB/FT 4.71 1,500 ea. $5.65 $8,475.00 6" PIPE-MOPE, PS„ 576" WALL, SUR 11,5, 20' LENGTHS, LWFT 4.71 300 ea. $5.56 $1,668.00 2" PIPE -MDPE, IPS, 216' WALL, SDR11, 20' LENGTHS, ASTM D2513 200 ea. $0.74 $148.00 4' TEE -WD, STOP, 3 -WAY, SCFO, WD, FLANGED 2 ea. $489.00 $978.00 2" FITTING -STOP, LINE WELD e0 LB WP 2 ea. $56.25 $112.60 4" FITTING - TRANSITION ,ST -PL, WELD COATED WITH TRACER 2 ea. $36.25 $72.50 6" ELBOW -BUTT FUSION, 90 DEG, MD PE 2406 10 ea. $20.30 $203.00 2' ELBOW-BUTT FUSION 90DEG MD PE 2406, SDR 11 2 ea. $2.35 $4.70 6' TEE -BUTT FUSION, IPS, MD PE 2406 4 ea. $22.00 $88.00 2" TEE-BUTT FUSION, IPS, MD PE 2406 1 ea, $2,70 $2.70 6 "X4" REDUCER -BUTT FUSION, MD PE 2406 3 ea. $16.50 $49,50 4'X2' REDUCER -BUTT FUSION, MD PE 2406 1 ea. $4.95 $4.95 6" CAP -BUTT FUSION, MO PE 2406 2 ea. $11.80 $23.60 4"CAP- STEEL- WELDSTD, GRD B SMLS 4 ea. $19.04 $76.16 2" CAP -BUTT FUSION, MD PE 2406 2 ea. $2.00 $4.00 W COUPLING ELECTROFUSION, MD PE 340814710 2 ea. $40.79 $81.58 5 #ANODE -CAST, MAGNESIUM, PACKAGED 10FT LEAD, DIAMETER3', HIGH POTENTIAL 1 ea. $17.18 $17.18 17# ANODE -CAST, MAGNESIUM, PACKAGED 10FT LEAD, DIAMETER 3', HIGH POTENTIAL 2 ea. $48.98 $97.96 4'X9' WRAP -PIPE, MICROCRYSTALLINE #2 WAX, 4'X9' ROLL, BROWN 24 ROLLS PER CASE 24 ea. $11.72 $281.28 #10 AWG- WIRE - TRACER, FOR BORING, SOLID COPPER, 500' COIL 2,200 ea. $0.14 $308.00 41"-54 "BOX- VALVE,6IN. ABS POLY MATERIAL, SCREW TYPE, 5.25' SHAFT DIA. 1 ea. $66.42 $66.42 18' -34" VALVE, BOX, 0.50" TO 1,25' ASS POLY CURB, SLIP FIT ADJ. HEIGHT 2 ea. $22.56 $45.12 S' VALVE -BALL, MD PE 2406, SDR11, FULL PORT, BUTT FUSION 1 ea. $397.00 $397.00 4" MARKER BALL, PASSIVE TUNED, SELF LEVELING ANTENNA MOLDED IN PLASTIC DISC 2 ea. $8.30 $16.60 Total Estimated Main Material Cost $14,207.35 SERVICE MATERIAL COST: CITY UNIT COST AMOUNT PIPE MOPE,COIL,1.25 IN IPS,DR 10,500 FT C0IL,0.168 IN WALL,BIMODAL,NO REGRIND ALLOY 845 0. 0.66 $557,70 FrTTINGS- CAP- 1.25 1NST- WESTD -GR13 8 ea. 14.55 $116.40 FITTINGS -TEE-0 IN IPS X0.751N CTS- TAP -PE -BUTT -MD -100 PSIG 4 ea. 7.85 $31.40 FITTINGS- TEE -2 IN X0.75 1N IPS- TAP -PE- BUTT- MO -0.80IN CTR -100 PSIG 5 ea. 5.10 $25.50 VALVE,EXCESS FLOW,1.25 IN IPS,MDPE,FUS,HIGH CAP,DR I1,SERIES 1800,12 IN STICKS,A9 9 ea. 25,50 $229.50 FITTINGS -SV RSR- 1,251N STEELX 1.25 PE -STX PE -THROX FUS- 0.0901N WT -DR II- MD -FBE 8 ea. 23.58 $188.64 FABRICATION -MTR SETST-I.P: DOM WITH 1 IN SRV REG 185000010 8 ea. 68.30 $546.40 #10 AWG WIRE- TRACER, FOR BORING, SOLID COPPER, PER ASTM B -1, 500' COIL 845 ea. 0.14 $118.30 Total Estimated Service Material Cost $1,814 TOTAL ESTIMATED MATERIAL COST $16,021 INSTALLATION COST: Total Estimated Material Costs Contract Construction Labor Contract Drafting Services Company Labor Restoration- Damages TOTAL Contingencies Administrative and General Expense AMOUNT $16,021 $123,893 $7,347 $6,938 $3,755 INSTALLATION plus MATERIAL $157,955 $42,935 $69,300 TOTAL ESTIMATED RELOCATION COST $270,190 FINANCIAL RESPONSIBILITY Total within Prints Right of Way =1,698 R, Total within Public Right of Way= 248 6. City or Owasso Share 1,698 8 within additional recu' ed R/W 87% _ $235,065,43 1,946 R within total required RAW ONG Share 248 R. within present public RV/ 13% _ $35,124.72 1,946 ft. within total required RM/ sd Mnt wqw � neni c iu.v,e • vvi cemmwM TO: FROM: SUBJECT: DATE: The Honorable Mayor and City Council Christopher A. Garrett Assistant City Manager Vehicle Leasing from Enterprise Fleet Management, Inc. September 2, 2021 BACKGROUND: On April 13, 2021, staff presented a proposal regarding leasing fleet vehicles as a strategy to reduce long -term costs. On August 3, 2021, City Council approved the Master Equity Lease Agreement with Enterprise Fleet Management, Inc. The Master Equity Lease Agreement establishes the business relationship between the City and Enterprise Fleet Management, Inc., which allows staff to initiate capital leasing arrangements for each of the thirty vehicles proposed as part of the FY 2022 Budget. To move forward, staff is seeking City Council approval to enter into a forty- eight -month lease with Enterprise Fleet Management, Inc. to lease the following vehicles: It is important to note that the forty- eight -month leasing period extends beyond FY 2022, thus future payments due in months beyond June 2022 are contingent upon annual appropriations by the City Council. The leasing period does not begin until the vehicle is delivered to the City for use. FUNDING: Funding is available in the General Fund and the Capital Improvement Fund. RECOMMENDATION: Staff recommends approval of an Open -End (Equity) Lease from Enterprise Fleet Management, Inc., of Clayton, Missouri, for a lease period of forty -eight months, contingent upon annual appropriations by the City Council, and authorization to execute the necessary documents for the following vehicles: Vehicle One (1) 2022 Nissan Altima One (1) 2022 Nissan Sentra Four (4) 2022 Chevy Equinox One (1) 2022 Chevy Traverse Three (3) 2022 Chevy Malibu ATTACHMENT: FY 2022 List of Lease and Retire Vehicles Monthly Lease $358.82 $318.95 $437.06 (each) $509.36 $351.24 (each) Capitalized Cost Monthly Lease Est. End Value One (1) 2022 Nissan Altima $20,515.00 $358.82 $ 6,728.92 One (1) 2022 Nissan Sentra $18,314.00 $318.95 $ 6,006.80 Four (4) 2022 Chevy Equinox $24,758.40 (each) $437.06 $ 8,120.64 One (1) 2022 Chevy Traverse $29,499.00 $509.36 $10,383.48 Three (3) 2022 Chevy Malibu $19,785.60 (each) $351.24 $ 6,489.60 It is important to note that the forty- eight -month leasing period extends beyond FY 2022, thus future payments due in months beyond June 2022 are contingent upon annual appropriations by the City Council. The leasing period does not begin until the vehicle is delivered to the City for use. FUNDING: Funding is available in the General Fund and the Capital Improvement Fund. RECOMMENDATION: Staff recommends approval of an Open -End (Equity) Lease from Enterprise Fleet Management, Inc., of Clayton, Missouri, for a lease period of forty -eight months, contingent upon annual appropriations by the City Council, and authorization to execute the necessary documents for the following vehicles: Vehicle One (1) 2022 Nissan Altima One (1) 2022 Nissan Sentra Four (4) 2022 Chevy Equinox One (1) 2022 Chevy Traverse Three (3) 2022 Chevy Malibu ATTACHMENT: FY 2022 List of Lease and Retire Vehicles Monthly Lease $358.82 $318.95 $437.06 (each) $509.36 $351.24 (each) Department Lease Retire Ram 1500 4X4 Ext. Cab Pickup 2010 Crown Vic Animal Control Ram 1500 4X4 Ext. Cab Pickup City Garage 2002 Chevy 1500 Ram 1500 4X4 Crew Cab Pickup 1999 Ford F150 Community Development Chevy Equinox SUV 2004 Jeep Liberty Ram 1500 4X4 Crew Cab Pickup 2005 Chevy Trailblazer Engineering Ram 1500 4X4 Crew Cab Pickup 2007 Chevy 1500 Ram 1500 4X4 Crew Cab Pickup 2008 Chevy 2500 Finance Nissan Sentra 2007 Toyota Prius Fire Ram 1500 4X4 Crew Cab Pickup 2008 Chevy Tahoe Golf Maintenance Ram 1500 4X4 Ext. Cab Pickup 1992 Ford F150 Information Technology Chevy Malibu 2000 Jeep Cherokee Managerial Nissan Altima 2007 Toyota Camry Ram 2500 4X4 Crew Cab Pickup 1992 Chevy 1500 Ram 25004X4 Crew Cab Pickup 1992 Ford F350 Ram 1500 4X4 Ext. Cab Pickup 1997 Ford F150 Parks /Recreation and Culture Ram 1500 4X4 Ext. Cab Pickup 1998 Chevy S -10 Ram 1500 4X4 Ext. Cab Pickup 2002 Chevy 1500 2005 Chevy 1500 Chevy Equinox SUV 2004 Chevy Tahoe Chevy Equinox SUV Police Chevy Malibu Chevy Malibu Ram 1500 4X4 Crew Cab Pickup Refuse Ram 2500 4X4 Crew Cab Pickup 2009 Ford F250 1998 Chevy 2500 Ram 2500 4X4 Crew Cab Pickup 1998 Chevy 2500 Storm Water Ram 2500 4X4 Crew Cab Pickup 2006 Dodge QST ( ?) Ram 1500 4X4 Crew Cab Pickup 2008 Ford F250 Streets Ram 2500 4X4 Crew Cab Pickup 2005 GMC 2500 Chevy Traverse SUV 2005 Ford Expedition Support Services Chevy Equinox SUV 2004 Chevy Tahoe Wastewater 1995 Ford F250 Ram 1500 4X4 Crew Cab Pickup 2008 GMC Canyon Water 2009 Dodge Dakota Pool /Shared vehicle New to Fleet CITY OF OwASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 08114/21 Department Poll Expenses Total Expenses 105 Municipal Court 5,962.49 9,456.78 110 Managerial 23,561.19 32,895.22 120 Finance 21,654.42 32,960.17 130 Human Resources 9,662.79 14,513.26 160 Community Development 20,123.63 31,228.55 170 Engineering 19,743.02 30,770.86 175 Information Systems 18,650.80 28,317.27 181 Support Services 9,813.90 14,973.12 190 Cemetery 1,484.88 3,042.88 201 Police Grant Overtime 1,526.67 1,546.74 215 Central Dispatch 2,523.44 3,782.48 221 Animal Control 4,458.95 6,602.29 280 Emergency Preparedness 2,400.87 3,361.95 370 Stormwater /ROW Maint. 8,886.10 14,155.48 515 Park Maintenance 7,549.54 11,945.57 520 Culture /Recreation 10,798.20 17,653.03 550 Community- Senior Center 6,620.68 8,805.95 580 Historical Museum 764.40 853.44 710 Economic Development 5,084.14 7,613.65 720 Strong Neighborhood 340.89 531.35 General Fund Total 181 611.00 275 010 04 185 Garage Fund Total 61868.82 255 Ambulance Fund Total 553.85 618.38 215 E911 Communication 22 149.35 35 307.44 250 Fire Fund 37 Total 175,225.31 280 969.52 201 Police Fund 38 Total 204,174.22 311,058.84 300 Streets Fund 39 Total 20,709.40 35,315.16 370 Stormwater Fund 27 Total 3,798.68 6,545.96 150 Worker's Compensation Total 720 Strong Neighborhoods Total 4,567.97 6,822.18 CITY OF Owasso GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 08128121 Department Payroll Expenses Total Expenses 105 Municipal Court 5,969.60 9,438.90 110 Managerial 23,471.19 32,787.37 120 Finance 21,469.75 32,741.89 130 Human Resources 9,630.95 14,479.00 160 Community Development 19,859.89 30,908.87 170 Engineering 19,743.01 30,770.87 175 Information Systems 18,285.80 27,892.00 181 Support Services 9,573.90 14,678.25 190 Cemetery 1,291.20 2,814.10 201 Police Grant Overtime 849.78 860.92 215 Central Dispatch 2,523.44 3,782.48 221 Animal Control 4,369.86 6,502.59 280 Emergency Preparedness 2,400.87 3,361.95 370 Stormwater /ROW Maint. 9,029.49 14,326.74 515 Park Maintenance 6,954.04 10,779.73 520 Culture /Recreation 10,421.40 17,203.91 550 Community- Senior Center 6,538.18 8,714.44 580 Historical Museum 764.40 853.44 710 Economic Development 4,794.14 7,269.14 720 Strong Neighborhood 317.15 502.36 General Fund Total 178,258.04 270 668.95 185 Garage Fund Total 10 150.22 17,019.03 255 Ambulance Fund Total 553.85 618.38 215 E911 Communication 22,415.20 35,618.85 250 Fire Fund 37 Total 204,590.32 309,447.38 201 Police Fund 38 Total 210,278.56 315,694.61 300 Streets Fund 39 Total 19,888.70 34,319.32 370 Stormwater Fund 27 Total 3,748.68 6,482.84 150 Worker's Compensation Total 5,884.11 6.961.26 720 Strong Neighborhoods Total 4,495.52 6,737.32 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 8131121 VENDOR DESCRIPTION AMOUNT AETNA HEALTHCARE MEDICAL SERVICE 28,014.41 HEALTHCARE MEDICAL SERVICE 50,501.35 HEALTHCARE MEDICAL SERVICE 26,775.44 HEALTHCARE MEDICAL SERVICE 23,104.65 HEALTHCARE MEDICAL SERVICE 61,604.34 ADMIN FEES 14,877.31 STOP LOSS FEES 86,510.27 HEALTHCARE DEPT TOTAL 291,387.77 DELTA DENTAL DENTAL MEDICAL SERVICE 5,558.50 DENTAL MEDICAL SERVICE 7,981,22 DENTAL MEDICAL SERVICE 13,438.35 DENTAL DEPT TOTAL 26,978.07 VSP VISION MEDICAL SERVICES 2,286.69 VISION MEDICAL SERVICES 360.50 ADMIN FEES 1,447.65 ADMIN FEES 71.19 VISION DEPT TOTAL 4,166.03 HEALTHCARE SELF INSURANCE FUND TOTAL 322,531.87 ` + .%40 G1TY,p ���r� PUBLIC NOTICE U SEAL t ,h The following is a summary of relevant financial information for Increment District No. 1 � r i y City of Owasso, for the fiscal year indicated herein. The report is available for p Ic Inspe¢ti0 iAlg J d business hours in the office of the City Clerk, 200 S. Main St., O �fo,, OK 74U -'I. Qr O0P1''+ Warren Lehr, City Manager' rr`%Ea,;'I INCREMENT DISTRICT NO. 1, CITY OF OWASSO, FYE 2021 ANNUAL REPORT TIF #1 VALUES Budget TIF #1 Base Assessed Value $ 7,115,628.00 Increment Assessed Value $ 1,862,530.00 Total Assessed Base and Increment 8,978,158.00 Base Sales Tax Sales Tax Increment (Collected to Date) $ 367,839.32 Total Sales Tax Base and Increment 367.839 32 TIF #1 FINANCIAL REPORT AS OF JUNE 30,2021t Public Infrastructure and Facilities Improvements $ 3,000,000 Fiscal Year to $ Date Total to Date TIF Related Revenues $ 200,000 Sales Tax Increment Collected Ad Valorem Increment Collected Interest Collected TIF Related Expenditures Land Acquisition and Development Financing Assistance Public Infrastructure and Facilities Improvements Project Implementation and Administration Advancements Eligible for Reimbursemenftt Project Implementation and Administration Interest and Financing Expenditures Total Advancements Eligible for Reimbursementtt Interest on Indebtednesst t t Outstanding Debt Principal as of June 30, 2021 TIF #1 PROJECT BUDGET EXPENDITURES AS OF JUNE 30. 2021 $ 147,628.30 $ 367,839.32 $ 239,296.19 $ 461,389.72 $ 1,306.41 $ 5.614.99 $ 388,230.90 .834,844.03 $ 248,042.24 $ 488,128.57 $ 1,725.00 $ 3,525.00 $ 249,767.24 $ 491,653.57 85,996.85 $ $ 85,996.85 Person in charge of project plan implementation: Warren Lehr Interests Disclosed Pursuant to 62 O.S. § 857: NONE Amounts are unaudited and subject to adjustment and /or reclassification Advances of TIF - eligible costs from City General Fund may be reimbursed with future increment revenues Interest on indebtedness paid directly from increment revenues. Budget TIF #1 Total Expenditures to Remaining Date Budget Land Acquisition and Development Financing Assistance $ 13,800,000 $ 488,129 $ 13,311,871 Public Infrastructure and Facilities Improvements $ 3,000,000 $ 3,000,000 Project Administration $ 200,000 $ 3,525 $ 196,475 TOTAL $ 17,000,000 $ 491,654 $ 16,508,346 Person in charge of project plan implementation: Warren Lehr Interests Disclosed Pursuant to 62 O.S. § 857: NONE Amounts are unaudited and subject to adjustment and /or reclassification Advances of TIF - eligible costs from City General Fund may be reimbursed with future increment revenues Interest on indebtedness paid directly from increment revenues.