HomeMy WebLinkAbout2021.10.05_City Council Agenda_AddendumPUBLIC NOTICE OF AN ADDENDUM TO
THE MEETING
CITY OF THE City
The Owasso City Council will meet in regular session on Tuesday, October 5, 2021 at 6:30 pm at
Old Central, 109 N Birch, Owasso, Oklahoma.
Notice of addendum filed in the office of the City Clerk and posted at City Hall, 200 S Main Street,
at 1:30pm on Monday, October 4, 2021.
Juliann M. Stevens, City Clerk
ADDENDUM
The following is submitted as an addendum to the Owasso City Council Agenda filed on Friday,
October 1, 2021. Items numbered 1 -2 shall remain the same. New items numbered 3, 4, and 5
shall be added. Original agenda items numbered 13 -16 shall now become items 6 -9 and the
remaining agenda items will be renumbered accordingly to now read as follows:
1. Call to Order
Mayor Bill Bush
2. Roll Call
3. Invocation
Dr. Jim Cinocca, Pastor, Owasso First United Methodist Church
4. Flag Salute
5. Presentation of the Character Trait of Thoroughness
Chad Balthrop, Character Council Member
6. Consideration and appropriate action relating to a request for an executive session, as
provided for in Title 25, O.S. § 307(B)(4), for the purpose of discussing confidential
communication between the City Council and its Attorney concerning the case of State of
Oklahoma vs. Victor Manuel Castro - Huerta, a Petition for Writ of Certiorari filed in the United
States Supreme Court, urging reconsideration of the McGirt ruling handed down by the United
States Supreme Court
Julie Lombardi
7. Consideration, discussion, and appropriate action following executive session, including
direction to file an amicus brief, concerning the case of State of Oklahoma vs. Victor Manuel
Castro - Huerta, a Petition for Writ of Certiorari filed in the United States Supreme Court, urging
reconsideration of the McGirt ruling handed down by the United States Supreme Court
Beth Anne Childs
Staff requests consideration of a proposal to retain counsel for the filing of an amicus brief in
the case of State of Oklahoma vs. Victor Manuel Castro - Huerta, a Petition for Writ of Certiorari
filed in the United States Supreme Court, and authorization to execute all necessary
documents.
Owasso City Council
October 5, 2021
Page 2
8. Consideration, discussion and appropriate action, including approval of an Operating
Agreement for Detention Services Between the Cherokee Nation and the City of Owasso
Beth Anne Childs
Staff recommends approval of an Operating Agreement for Detention Services between the
Cherokee Nation and the City of Owasso, and authorization to execute the agreement.
9. Consideration, discussion and appropriate action, including approval of a Memorandum of
Agreement Between the Cherokee Nation and the City of Owasso, Oklahoma, a Municipal
Corporation
Beth Anne Childs
Staff recommends approval of a Memorandum of Agreement between the Cherokee Nation
and the City of Owasso, and authorization to execute the agreement.
10. 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 -September 21, 2021, Regular Meeting
B. Approve claims
C. Accept the Walmart Community Grant Award and approve a budget
amendment in the General Fund, increasing the estimated revenue and the
appropriation for expenditures in the Fire Department by $1,500.00
D. Accept the 2022 Safe Oklahoma Grant, authorize execution of the contract with
the Oklahoma Attorney General's Office, and approve a budget amendment in
the General Fund, increasing the estimated revenue and the appropriation for
expenditures in the Police Department by $30,000.00
11. Consideration and appropriate action relating to items removed from the Consent Agenda
12. Consideration and appropriate action relating to bids received for the 5K Heart Healthy Trail
Project
Larry Langford
Staff recommends awarding the base bid to Magnum Construction, Inc., of Broken Arrow,
Oklahoma, in the amount of $295,592.00, and authorization to execute all necessary
documents.
13. Consideration and appropriate action relating to a sole source purchase of traffic signal radar
detection systems
Larry Escolanta
Staff recommends authorization for a sole source purchase of the Wavetronix SmartSensor
Radar Systems from Wavetronix, of Provo, Utah, in the amount of $86,625.00.
14. Consideration and appropriate action relating to the acquisition of right -of -way for the East
96th Street North Improvements from North 119th East Avenue to North 129th East Avenue and an
agreed variance from certain sections of the Owasso Zoning Code
Roger Stevens
Staff recommends authorization for payment in the amount of $25,700.00 to Chick- Fil -A,
Incorporated, for the acquisition of right -of -way and damages, located at 12015 East 96ih
Street North; and, approval of the Agreed Variance between the City of Owasso and Chick -
Fil-A, Incorporated, and authorization to execute the agreement.
Owasso City Council
October 5, 2021
Page 3
15. Report from City Manager
• Monthly Public Works Project Status Report
16. Report from City Attorney
17. Report from City Councilors
18. Official Notices (documents for acknowledgment of receipt or information only, no discussion
or action will be taken)
• Payroll Payment Report - Pay Period Ending Date September 25, 2021
• Health Care Self- Insurance Claims - dated as of September 30, 2021
19. New Business (New Business is any item of business which could not have been foreseen at
the time of posting of the agenda)
20. Adjournment
The City of Owasso 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 @citvofowasso.com
PUBLIC NOTICE OF THE MEETING OF THE
OWASSO CITY COUNCIL
Council Chambers Old Central Building 109 North Birch, Owasso, OK
Tuesday, October 5, 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 RECEIVED
1. Call to Order OCT 0 1 202
Mayor Bill Bush
2. Roll Call City Clerk's Office
3. 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- September 21, 2021, Regular Meeting
B. Approve claims
C. Accept the Walmart Community Grant Award and approve a budget
amendment in the General Fund, increasing the estimated revenue and the
appropriation for expenditures in the Fire Department by $1,500.00
D. Accept the 2022 Safe Oklahoma Grant, authorize execution of the contract with
the Oklahoma Attorney General's Office, and approve a budget amendment in
the General Fund, increasing the estimated revenue and the appropriation for
expenditures in the Police Department by $30,000.00
4. Consideration and appropriate action relating to items removed from the Consent Agenda
S. Consideration and appropriate action relating to bids received for the 5K Heart Healthy Trail
Project
Larry Langford
Staff recommends awarding the base bid to Magnum Construction, Inc., of Broken Arrow,
Oklahoma, in the amount of $295,592.00, and authorization to execute all necessary
documents.
6. Consideration and appropriate action relating to a sole source purchase of traffic signal
radar detection systems
Larry Escalanta
Staff recommends authorization for a sole source purchase of the Wavetronix SmartSensor
Radar Systems from Wavetronix, of Provo, Utah, in the amount of $86,625.00.
Consideration and appropriate action relating to the acquisition of right -of -way for the East
96th Street North Improvements from North 119th East Avenue to North 129th East Avenue and
an agreed variance from certain sections of the Owasso Zoning Code
Roger Stevens
Staff recommends authorization for payment in the amount of $25,700.00 to Chick- Fil -A,
Incorporated, for the acquisition of right -of -way and damages, located at 12015 East 96th
Street North; and, approval of the Agreed Variance between the City of Owasso and Chick -
Fil-A, Incorporated, and authorization to execute the agreement.
8. Report from City Manager
• Monthly Public Works Project Status Report
Owasso City Council
October 5, 2021
Page 2
9. Report from City Attorney
10. Report from City Councilors
11. Official Notices (documents for acknowledgment of receipt or information only, no
discussion or action will be taken)
• Payroll Payment Report - Pay Period Ending Date September 25, 2021
• Health Care Self- Insurance Claims - dated as of September 30, 2021
12. New Business (New Business is any item of business which could not have been foreseen at
the time of posting of the agenda)
13. Consideration and appropriate action relating to a request for an executive session, as
provided for in Title 25, O.S. § 307(B)(4), for the purpose of discussing confidential
communication between the City Council and its Attorney concerning the case of State of
Oklahoma vs. Victor Manuel Castro - Huerta, a Petition for Writ of Certiorari filed in the United
States Supreme Court, urging reconsideration of the McGirt ruling handed down by the
United States Supreme Court
Julie Lombardi
14. Consideration, discussion, and appropriate action following executive session, including
direction to file an amicus brief, concerning the case of State of Oklahoma vs. Victor Manuel
Castro - Huerta, a Petition for Writ of Certiorari filed in the United States Supreme Court, urging
reconsideration of the McGirt ruling handed down by the United States Supreme Court
Beth Anne Childs
Staff requests consideration of a proposal to retain counsel for the filing of an amicus brief in
the case of State of Oklahoma vs. Victor Manuel Castro- Huerta, a Petition for Writ of
Certiorari filed in the United States Supreme Court, and authorization to execute all
necessary documents.
15. Consideration, discussion and appropriate action, including approval of an Operating
Agreement for Detention Services Between the Cherokee Nation and the City of Owasso
Beth Anne Childs
Staff recommends approval of an Operating Agreement for Detention Services between the
Cherokee Nation and the City of Owasso, and authorization to execute the agreement.
16. Consideration, discussion and appropriate action, including approval of a Memorandum of
Agreement Between the Cherokee Nation and the City of Owasso, Oklahoma, a Municipal
Corporation
Beth Anne Childs
Staff recommends approval of a Memorandum of Agreement between the Cherokee
Nation and the City of Owasso, and authorization to execute the agreement.
17. 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 Stre , it 2:00 pm on Friday, O tober 1, 2021.
liann M. Stevens, City 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@cityofowasso.com
OWASSO CITY COUNCIL
MINUTES OF REGULAR MEETING
Tuesday, September 21, 2021
The Owasso City Council met in regular session on Tuesday, September 21, 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 12:00 pm on Friday, September 17, 2021.
1. Call to Order
Mayor Bill Bush called the meeting to order at 6:30pm.
2. Invocation
The Invocation was offered by Pastor Jared Parker of New Heights Church.
3. Flag Salute
Vice Mayor Kelly Lewis led the flag salute.
4. Roll Call
Present Absent
Mayor- Bill Bush None
Vice Mayor- Kelly Lewis
Councilor- Alvin Fruga
Councilor- Doug Bonebrake
Councilor - Lyndell Dunn
A quorum was declared present.
Staff:
City Manager- Warren Lehr
City Attorney - Julie Lombardi
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 - September 7, 2021, and September 14, 2021, Regular Meetings
B. Approve claims
C. Accept the 2022 Highway Safety Office Grant, authorize execution of all
necessary documents, and approve a budget amendment in the General Fund,
increasing estimated revenues and the appropriation for expenditures in the
Police Department by $62,970.00
D. Approve the contract renewal with Youth Services of Tulsa, Inc., in the amount of
$49,500.00 for management and operation of the Owasso Youth Court for 2021-
2022, and authorize execution of all necessary documents
E. Declare the Gravely 148Z Zero -Turn Mower - SN:005347 as surplus to the needs of
the City and authorize disposal via auction
F. Accept a donation for the Redbud Festival Park from David Vines in the amount
of $40,000.00, and approve a budget amendment in the General Fund,
increasing the estimated revenue and appropriation for expenditures in the
Recreation and Culture Department by $40,000.00
Ms. Lewis moved, seconded by Mr. Bonebrake to approve the Consent Agenda, as
presented with claims totaling $624,400.69.
YEA: Bonebrake, Dunn, Fruga, Lewis, Bush
NAY: None
Motion carried: 5 -0
6. Consideration and appropriate action relating to items removed from the Consent Agenda
None
Owasso City Council
September 21, 2021
Page 2
7. Consideration and appropriate action relating to Ordinance 1184, accepting, adding, and
annexing approximately 3.27 acres, located at 12600 East 116th Street North, as referenced in
Application OA 21 -04, and approving the rezoning of said property from Agricultural-
Residential (AG -R) to Commercial Shopping (CS), as referenced in Application OZ 21 -06
Alexa Beemer presented the item, recommending adoption of Ordinance 1184.
There were no comments from the audience. Mr. Bonebrake moved, seconded by Ms. Lewis
to adopt Ordinance 1184, as recommended.
YEA: Bonebrake, Dunn, Fruga, Lewis, Bush
NAY: None
Motion carried: 5 -0
8. Consideration and appropriate action relating to a final plat for property containing
approximately 11.64 acres, located east of the northeast corner of East 106th Street North and
North Mingo Road (Abbott Farms III)
Alexa Beemer presented the item, recommending approval of the Final Plat for Abbott
Farms III.
There were no comments from the audience. After discussion, Mr. Bonebrake moved,
seconded by Ms. Lewis to approve the final plat, as recommended.
YEA: Bonebrake, Dunn, Fruga, Lewis, Bush
NAY: None
Motion carried: 5 -0
9. Consideration and appropriate action relating to the acceptance and final payment of the
Elm Creek Park Renovation Project - Playground and Pavilion
Larry Langford presented the item, recommending acceptance of the Elm Creek Park
Renovation Project - Playground and Pavilion and authorization for final payment to
Magnum Construction, Inc., of Broken Arrow, Oklahoma, in the amount of $19,853.90,
resulting in a final contract amount of $397,078.00.
There were no comments from the audience. After discussion, Mr. Bonebrake moved,
seconded by Ms. Lewis to accept the project and authorize payment, as recommended.
YEA: Bonebrake, Dunn, Fruga, Lewis, Bush
NAY: None
Motion carried: 5 -0
10. Consideration and appropriate action relating to the bids received for the Police Vehicle
Emergency Lighting Equipment Installation Projects
Jason Woodruff presented the item, recommending to reject all bids received for the
following Police Vehicle Emergency Lighting Equipment Installation Projects and re- submit
each project for bidding at a future date:
• Two (2) 2021 Dodge Charger Supervisor Units
• Two (2) 2021 Dodge Charger Police Units
• One (1) 2021 Dodge Durango Supervisor Unit
• One (1) 2021 Dodge Charger Police Unit with Full Cell
• One (1) 2021 Dodge Charger Police Unit with Single Cell
• One (1) 2021 Dodge Durango Police Unit
There were no comments from the audience. After discussion, Mr. Bonebrake moved,
seconded by Mr. Fruga to reject all bids, as recommended.
YEA: Bonebrake, Dunn, Fruga, Lewis, Bush
NAY: None
Motion carried: 5 -0
Owasso City Council
September 21, 2021
Page 3
11. Consideration and appropriate action relating to the purchase of ruggedized computers for
the Police and Fire Departments
Nate Singleteny presented the item, recommending authorization to purchase fifteen (15)
Panasonic Toughbook 55 ruggedized laptops for the Police Department totaling $47,250.00,
and five (5) Panasonic FZ -G2 ruggedized convertible tablets for the Fire Department totaling
$19,420.00, utilizing the State of Oklahoma's approved contract #SW1020P, from Turn -Key
Mobile, Inc., of Jefferson City, Missouri, an approved vendor by the State of Oklahoma.
There were no comments from the audience. After discussion, Ms. Lewis moved, seconded
by Mr. Bonebrake to authorize the purchase, as recommended.
YEA: Bonebrake, Dunn, Fruga, Lewis, Bush
NAY: None
Motion carried: 5 -0
12. Consideration and appropriate action relating to an interlocal agreement with Tulsa County
for the East 106th Street North and North 1291h East Avenue Intersection Improvements
Roger Stevens presented the item, recommending approval of the Inter -local Agreement
between the City of Owasso and with The Board of County Commissioners of Tulsa County
for right -of -way and easement acquisition services for improvements to the intersection of
East 106th Street North and North 1291h East Avenue.
There were no comments from the audience. After discussion, Mr. Bonebrake moved,
seconded by Mr. Dunn to approve the agreement, as recommended.
YEA: Bonebrake, Dunn, Fruga, Lewis, Bush
NAY: None
Motion carried: 5 -0
13. Report from City Manager
Warren Lehr reported on the Owasso Character Council's 2021 Lunch with Character.
14. Report from City Attorney
None
15. Report from City Councilors
Mr. Bush commented on the National Guard fly -over and the Ascension St. John Owasso
Event.
16. 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 September 1 1,2021
• Health Care Self- Insurance Claims - dated as of September 16, 2021
• Monthly Budget Status Report - August 2021
• Oklahoma Department of Environmental Quality Permit No. WL000072210543 for
Township 21 Waterline Extension
17. New Business (New Business is any item of business which could not have been foreseen at
the time of posting of the agenda)
None
18. Adjournment
Mr. Fruga moved, seconded by Mr. Dunn to adjourn the meeting.
YEA: Bonebrake, Dunn, Fruga, Lewis, Bush
NAY: None
Motion carried: 5 -0 and the meeting adjourned at 7:16 pm.
Bill Bush, Mayor
Juliann M. Stevens, City Clerk
Claims List - 10/5/2021
Fund Vendor Name
Payable Description
Payment
Amount
01 GENERAL JPMORGAN CHASE BANK
AMAZON- SUPPLIES
$387.95
JPMORGAN CHASE BANK
ATWOODS- SUPPLIES
$86.34
JPMORGAN CHASE BANK
HOME DEPOT - SUPPLIES
$670.25
JPMORGAN CHASE BANK
MIDWEST VET - SUPPLIES
$39.36
GEN ANIMAL CONTROL -Total
$1,183.90
JPMORGAN CHASE BANK
BROWN FARMS -SOD
$130.00
UNIFIRST HOLDINGS LP
UNIFORM SERVICES
$20.40
GEN CEMETERY -Total
$150.40
JPMORGAN CHASE BANK
SAMS- SUPPLIES
$31.72
GEN COMM CTR DONATIONS -Total
$31,72
JPMORGAN CHASE BANK
AMAZON -MOP HEADS
$79.50
JPMORGAN CHASE BANK
COX - INTERNET
$69.00
JPMORGAN CHASE BANK
OK RECREATION -REGIS F
$350.00
JPMORGAN CHASE BANK
SAMS- SUPPLIES
$25.16
SUMNERONE INC
COPIER
$262.18
GEN COMMUNITY CENTER -Total
$785.84
JPMORGAN CHASE BANK
APATEXAS- TRAINING
$150.00
JPMORGAN CHASE BANK
ICC -EXAM
$219.00
JPMORGAN CHASE BANK
LODGING EXPENSE 9/20
$656.40
JPMORGAN CHASE BANK
TRAVEL EXPENSE 9/20
$108.52
TREASURER PETTY CASH
TRAVEL EXP -BOGGS
$494.00
GEN COMMUNITY DEVELOPMENT -Total
$1,627.92
JPMORGAN CHASE BANK
CORNERSTONE - THREAD LO
$8.99
JPMORGAN CHASE BANK
LOWES -PARTS
$55.94
JPMORGAN CHASE BANK
LOWES- SUPPLIES
$32.44
UNIFIRST HOLDINGS LP
UNIFORM SERVICE
$21.04
GEN CULTURE & RECREATION -Total
$118.41
JPMORGAN CHASE BANK
MEETING EXPENSE 9/13
$11.47
GEN ECONOMIC DEV -Total
$11.47
AT &T
CONSOLIDATED PHONE
$12.82
JPMORGAN CHASE BANK
STAPLES -PAPER
$41.98
GEN EMERG PREPAREDNESS -Total
$54,80
JPMORGAN CHASE BANK
LODGING EXPENSE 9/23
$228.30
JPMORGAN CHASE BANK
LODGING EXPENSE 9/24
$576.00
LEMKE LAND SURVEYING
SURVEY SERVICES
$1,675.00
UNIFIRST HOLDINGS LP
UNIFORM SERVICES
$32.92
GEN ENGINEERING -Total
$2,512,22
INTEGRITY CLIENT SERVICES, LLC
ACTUARIAL VALUATION
$4,300.00
JPMORGAN CHASE BANK
IQ CARWASH -WASH
$16.00
SUMNERONE INC
COPIER OVERAGE FEE
$1.88
1
Claims List - 10/5/2021
Fund Vendor Name
Payable Description
Payment
Amount
01 GENERAL SUMNERONE INC
COPIERSERVICES
$45.00
GEN FINANCE -Total
$4,362.88
AT &T
CONSOLIDATED PHONE
$1,984.00
ELIZABETH ANNE CHILDS
LEGAL SERVICES
$4,335.00
JPMORGAN CHASE BANK
SAMS- SUPPLIES
$19.99
PROSTAR SERVICES INC
COFFEE
$36.93
PROSTAR SERVICES INC
COFFEE SUPPLIES
$13.42
TREASURER PETTY CASH
POSTAGE
$200.00
GEN GENERAL GOVERNMENT -Total
$6,589.34
COMMUNITYCARE EAP
EAP
$450.84
JPMORGAN CHASE BANK
FINANCIAL EQUIP -MAINT
$427.00
JPMORGAN CHASE BANK
OFFICE DEPOT - HOLDERS
$12.36
MSDSONLINE, INC
MSDS ANNUAL PAYMENT
$2,749.00
GEN HUMAN RESOURCES -Total
$3,639.20
AT &T
CONSOLIDATED PHONE
$21.79
AT &T MOBILITY
PUBLIC SAFETY WIRELES
$83.35
JPMORGAN CHASE BANK
BEST BUY - KEYBOARD
$128.99
JPMORGAN CHASE BANK
OREILLY- SUPPLIES
$25.96
JPMORGAN CHASE BANK
USPS -KEYS
$5.08
GEN INFORMATION TECH -Total
$265.17
JPMORGAN CHASE BANK
DELL -EQUIP
$283.04
JPMORGAN CHASE BANK
DELL - LAPTOP
$1,553.07
YOUTH SERVICES OF TULSA
YOUTH COURT
$8,250.00
GEN MUNICIPAL COURT -Total
$10,086.11
CITY OF OWASSO
WATER
$10,923.50
JPMORGAN CHASE BANK
CORNERSTONE -PARTS
$9.51
JPMORGAN CHASE BANK
CORNERSTONE- SUPPLIES
$110.06
JPMORGAN CHASE BANK
HOME DEPOT - SUPPLIES
$18.95
JPMORGAN CHASE BANK
LOWES -LIGHT
$92.14
JPMORGAN CHASE BANK
PARKSUPPLIES -BAGS
$837.50
OKLAHOMA CORRECTIONAL INDUSTRIES
TRASH RECEPTACLES
$1,349.00
POWER PLAY LLC
RAYOLA SPLASH PAD
$118.00
REPLACE
ROGERS COUNTY RURAL WATER
WATER SERVICE CENTENNIAL
$364.66
DISTRICT
THE ADT SECURITY CORPORATION
PARKS OFFICES SECURITY BY
$85.44
UNIFIRST HOLDINGS LP
PARKS STAFF UNIFORMS
$31.44
WASHINGTON CO RURAL WATER
WATER SERVICE MCCARTY
$39.60
DISTRICT
PAR
GEN PARKS -Total
$13,979.80
JPMORGAN CHASE BANK
WALMART- PRISON BOARD
$126.96
2
Claims List - 10/5/2021
Fund Vendor Name
Payable Description
Payment
Amount
01 GENERAL GEN POLICE COMMUNICATIONS -Total
CC REFUND - CORNELL
$126.96
GM LAWNCARE LLC
CONTRACT SERVICE
$1,060.00
JPMORGAN CHASE BANK
LOWES- BLADES
$29.96
JPMORGAN CHASE BANK
LOWES- SUPPLIES
$45.14
JPMORGAN CHASE BANK
NSC -MASK FIT MACHINE
$500.00
JPMORGAN CHASE BANK
SMITH FARM- FREIGHT
$62.06
JPMORGAN CHASE BANK
STANDARD SPLY- SUPPLIE
$193.43
SPOK INC.
PAGER USE
$88.86
UNIFIRST HOLDINGS LP
UNIFORM SERVICES
$120.66
GEN STORMWATER -Total
CC USER REF - KILGORE
$2,100.11
AT &T
CONSOLIDATED PHONE
$21.79
JPMORGAN CHASE BANK
COX- INTERNET
$69.95
JPMORGAN CHASE BANK
HOME DEPOT -TOOLS
$39.48
JPMORGAN CHASE BANK
OFFICE DEPOT - HOLDERS
$19.56
UNIFIRST HOLDINGS LP
UNIFORM RENTAL
$23.60
GEN SUPPORT SERVICES • Total
$174.38
TREASURER PETTY CASH
CC REFUND - CORNELL
$50.00
TREASURER PETTY CASH
CC REFUND- KILGORE
$50.00
TREASURER PETTY CASH
CC REFUND - LUTTRELL
$50.00
TREASURER PETTY CASH
CC REFUND- PENECOSTAL
$100.00
TREASURER PETTY CASH
CC REFUND - RUSSELL
$50.00
TREASURER PETTY CASH
CC REFUND - STANLEY
$50.00
TREASURER PETTY CASH
CC REFUND- STENSTROM
$50.00
TREASURER PETTY CASH
CC REFUND- STILWELL
$100.00
TREASURER PETTY CASH
CC REFUND - WESTFALL
$50.00
TREASURER PETTY CASH
CC USER REF - KILGORE
$80.00
TREASURER PETTY CASH
REDBUD REF - ARLEDGE
$200.00
TREASURER PETTY CASH
REDBUD REF - EMERSUMNIC
$200.00
TREASURER PETTY CASH
REDBUD REF -PERRY
$200.00
GENERAL -Total
$1,230.00
JPMORGAN CHASE BANK
SWANK -LIC FEE
$2,180.00
REDBUD FESTIVAL PARK -Total
$2,180.00
GENERAL -Total
$51,210.63
20 AMBULANCE SERVICE CLINICAL CARE PHARMACY OF OWASSO
TB TESTING
$645.96
JPMORGAN CHASE BANK
AMAZON -PART
$15.99
JPMORGAN CHASE BANK
BOUND TREE - SUPPLIES
$1,104.10
JPMORGAN CHASE BANK
FULLERTON- OXYGEN
$69.00
JPMORGAN CHASE BANK
HENRY SCHEIN- SUPPLIES
$469.20
JPMORGAN CHASE BANK
JWF- SPRING
$89.26
JPMORGAN CHASE BANK
LIFE ASSIST- SUPPLIES
$2,642.87
M
Claims List - 1015/2021
Fund
Vendor Name
Payable Description
Payment
Amount
20 AMBULANCE SERVICE
JPMORGAN CHASE BANK
LOWES -PARTS
$43.83
JPMORGAN CHASE BANK
S ANESTHESIA- SUPPLIES
$114.99
JPMORGAN CHASE BANK
SAMS- SUPPLIES
$63.32
JPMORGAN CHASE BANK
SUMNERONE - COPIES
$29.02
JPMORGAN CHASE BANK
TRAINING EXPENSE 9/15
$260.00
JPMORGAN CHASE BANK
TRAINING EXPENSE 9/16
$121.99
JPMORGAN CHASE BANK
TRAINING EXPENSE 9/17
$152.48
JPMORGAN CHASE BANK
UPS - POSTAGE
$32.04
JPMORGAN CHASE BANK
ZOLL- SUPPLIES
$663.38
MEDICLAIMS INC
BILLING SERVICES
$12,953.68
AMBULANCE -Total
$19,471.11
TREASURER PETTY CASH
AMB SUB REF - MCCRAY
$24.00
TREASURER PETTY CASH
SR AMB DISC -KERR
$20.40
TREASURER PETTY CASH
SR AMB DISC -TICE
$20.40
AMBULANCE SERVICE -Total
$64,80
AMBULANCE SERVICE -Total
$19,535.91
21 E -911
AT &T
CONSOLIDATED PHONE
$300.76
INCOG
E911 MAPPING & MSAG
$7,231.87
JPMORGAN CHASE BANK
APCO - TRAINING
$30.00
JPMORGAN CHASE BANK
BEST BUY- WESCAM
$69.99
JPMORGAN CHASE BANK
NENA- TRAINING
$278.00
E911 COMMUNICATIONS -Total
$7,910.62
E -911 -Total
$7,910.62
25 HOTELTAX
TREASURER PETTY CASH
REF BLOCK PARTY TEES
$80.00
HOTELTAX -Total
$80.00
JPMORGAN CHASE BANK
CONSTANTCONTACT -FEE
$570.50
HOTEL TAX ECON DEV -Total
$570.50
JPMORGAN CHASE BANK
AMAZON -RAM UPGRADE
$161.99
STRONG NEIGHBORHOODS -Total
$161.99
HOTELTAX -Total
$812.49
27 STORMWATER MANAGEMENT
FREESE AND NICHOLS INC
PROFESSIONAL SERVICES
$1,981.94
AGR
JPMORGAN CHASE BANK
ATWOODS -BOOTS
$149.99
JPMORGAN CHASE BANK
GREEN ACRE -SOD
$1,680.00
LOT MAINTENANCE OF OKLAHOMA, INC.
MOWINGrrRIMMING
$823.02
UNIFIRST HOLDINGS LP
UNIFORM SERVICES
$11.98
STORMWATER- STORMWATER -Total
$4,646.93
STORMWATER MANAGEMENT
-Total
$4,646.93
31 AMBULANCE CAPITAL
TREASURER PETTY CASH
SR AMB DISC -KERR
$3.60
TREASURER PETTY CASH
SRAMB DISC -TICE
$3.60
4
Claims List - 10/5/2021
Fund
Vendor Name
Payable Description
Payment
Amount
31 AMBULANCE CAPITAL
AMBULANCE CAPITAL -Total
$7,20
AMBULANCE CAPITAL
-Total
$7.Y0
34 VISION TAX
GARVER
ENGINEERING SERVICES - 11
$1,828.90
116TH -MINGO TO GARNETT RD -Total
$1,828.90
VISION TAX -Total
$1,828.90
37 SALES TAX FIRE
AT &T
CONSOLIDATED PHONE
$12.82
CITY OF OWASSO
WATER
$91.00
JPMORGAN CHASE BANK
511- REFUND
($0.85)
JPMORGAN CHASE BANK
AMAZON -BAGS
$119.92
JPMORGAN CHASE BANK
AMAZON- CHARGERS
$117.94
JPMORGAN CHASE BANK
AMAZON- FILTERS
$219.90
JPMORGAN CHASE BANK
AMAZON -PARTS
$27.27
JPMORGAN CHASE BANK
AMAZON -SHOES
$130.00
JPMORGAN CHASE BANK
AMAZON- SUPPLIES
$18.99
JPMORGAN CHASE BANK
AMER WASTE -SVC
$66.77
JPMORGAN CHASE BANK
AMERIFLEX -PARTS
$479.04
JPMORGAN CHASE BANK
BUMP2BUMP- CLEANER
$15.72
JPMORGAN CHASE BANK
CHEWY.COM -K9 FOOD
$49.86
JPMORGAN CHASE BANK
CORNERSTONE- LIGHTS
$399.96
JPMORGAN CHASE BANK
DRAGON FRE -PPE GLOVES
$2,302.05
JPMORGAN CHASE BANK
EMTEC -PEST CONTROL
$395.00
JPMORGAN CHASE BANK
EQUIP ONE -BELT
$39.95
JPMORGAN CHASE BANK
FAM ANIMAL MED -SVC
$56.43
JPMORGAN CHASE BANK
FMAO -FMAO FEE
$150.00
JPMORGAN CHASE BANK
GCFC - TRAINING
$75.00
JPMORGAN CHASE BANK
HOME DEPOT - SUPPLIES
$332.67
JPMORGAN CHASE BANK
HOME DEPOT -WATER
$6.99
JPMORGAN CHASE BANK
IAFC -DUES
$220.00
JPMORGAN CHASE BANK
INTERSTATE- CHARGER
$90.90
JPMORGAN CHASE BANK
LIGHTHOUSE - UNIFORM
$1,480.20
JPMORGAN CHASE BANK
LOCKE -PARTS
$77.89
JPMORGAN CHASE BANK
LODGING EXPENSE 8/30
$235.29
JPMORGAN CHASE BANK
LOWES-GRILICOVER
$488.06
JPMORGAN CHASE BANK
LOWES -PARTS
$12.54
JPMORGAN CHASE BANK
LOWES- REFUND
($4.45)
JPMORGAN CHASE BANK
LOWES- SUPPLIES
$84.37
JPMORGAN CHASE BANK
MINERVA- REPAIRS
$1,568.25
JPMORGAN CHASE BANK
NFPA - SIGNAGE
$53.85
JPMORGAN CHASE BANK
NSC- FILTERS
$802.30
JPMORGAN CHASE BANK
NSC -MASK FIT MACHINE
$4,927.95
JPMORGAN CHASE BANK
NW RIVER - SUPPLIES
$5.00
Claims List - 10/5/2021
Fund Vendor Name
Payable Description
Payment
Amount
37 SALES TAX FIRE JPMORGAN CHASE BANK
OK GOV -FEE
$3.54
JPMORGAN CHASE BANK
OK TAX COMM -TAG
$66.00
JPMORGAN CHASE BANK
OREILLY- HEADLIGHT
$25.64
JPMORGAN CHASE BANK
PET SPLY -DOG FOOD
$32.96
JPMORGAN CHASE BANK
SAFE KIDS -FEE
$220.00
JPMORGAN CHASE BANK
SAFE KIDS - RECERT FEE
$55.00
JPMORGAN CHASE BANK
SAMS- MATTRESS
$219.98
JPMORGAN CHASE BANK
SAMS- SUPPLIES
$156.95
JPMORGAN CHASE BANK
TIMMONS -DEF
$651.32
JPMORGAN CHASE BANK
TRAINING EXPENSE 9/10
$106.06
JPMORGAN CHASE BANK
TRAINING EXPENSE 9/8
$77.73
JPMORGAN CHASE BANK
TRAINING EXPENSE 919
$90.67
JPMORGAN CHASE BANK
WALMART -SOAP
$25.69
JPMORGAN CHASE BANK
WASH CO RWD -WATER
$105.35
JPMORGAN CHASE BANK
YALE -DRY CLEANING
$9.45
SALES TAX FUND -FIRE -Total
$16,994.92
SALES TAX FIRE -Total
$16,994.92
38 SALES TAX POLICE AT &T
CONSOLIDATED PHONE
$12.82
AT &T MOBILITY
PUBLIC SAFETY WIRELES
$136.08
AXON ENTERPRISE INC
MAGNET MOUNT
$33.28
BOARD OF TESTS FOR ALCOHOL & DRUG
ENROLLMT TELLO & REESE
$124.00
CITY OF OWASSO
WATER
$45.50
COUNCIL ON LAW ENFORCEMENT
LODGING ARNOLD
$20.00
JPMORGAN CHASE BANK
AMAZON- SUPPLIES
$476.65
JPMORGAN CHASE BANK
AMER WASTE- RENTAL
$115.42
JPMORGAN CHASE BANK
BEST BUY - WEBCAM
$59.99
JPMORGAN CHASE BANK
CAMFIL- FILTERS
$139.95
JPMORGAN CHASE BANK
DIGI SECURITY -SVC
$905.00
JPMORGAN CHASE BANK
FAM ANIMAL MED -K9 MED
$840.20
JPMORGAN CHASE BANK
NSC -MASK FIT MACHINE
$4,311.94
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
$114.33
JPMORGAN CHASE BANK
PEAVEY- SUPPLIES
$91.24
JPMORGAN CHASE BANK
REASORS- SUPPLIES
$31.05
JPMORGAN CHASE BANK
ROYAL CANIN- REFUND
($179.76)
JPMORGAN CHASE BANK
SAMS - SUPPLIES
$58.65
JPMORGAN CHASE BANK
SAVON - BUSINESS CARDS
$80.00
JPMORGAN CHASE BANK
SPECIAL OPS- UNIFORM
$224.97
JPMORGAN CHASE BANK
SUMNERONE -LEASE
$530.43
JPMORGAN CHASE BANK
SUMNERONE- RENTAL
$139.09
JPMORGAN CHASE BANK
TMDE CALIB- SUPPLIES
$137.00
JPMORGAN CHASE BANK
TRAINING EXPENSE 9117
$68.24
2
Claims List - 10/5/2021
Fund
Vendor Name
Payable Description
Payment
Amount
38 SALES TAX POLICE
JPMORGAN CHASE BANK
USPS- SUPPLIES
$116.00
JPMORGAN CHASE BANK
WALMART- SUPPLIES
$12.90
LENOX WRECKER SERVICE INC
TOW WRECKED UNIT 10 -2
$85.00
MCINTOSH CORPORATION
AC REPAIR
$228.00
SCHINDLER ELEVATOR INC
ANNUAL INSPECTION
$300.00
TREASURER PETTY CASH
TRAVEL EXP -BLUNT
$433.44
SALES TAX FUND - POLICE -Total
$9,691.41
SALES TAX POLICE • Total
$9,691.41
39 SALES TAX STREETS
JPMORGAN CHASE BANK
BROWN FARMS -SOD
$70.00
JPMORGAN CHASE BANK
CRAFCO- SEALANT
$4,779.00
JPMORGAN CHASE BANK
DUNHAMS- ASPHALT
$1,707.82
JPMORGAN CHASE BANK
LOWES- LUMBER
$34.68
JPMORGAN CHASE BANK
LOWES -PARTS
$57.49
JPMORGAN CHASE BANK
LOWES - SUPPLIES
$195.24
JPMORGAN CHASE BANK
VANCE BRO -TACK
$204.35
SIGNALTEK INC
SEPT. 2021 MONTHLY MAINT
$1,435.00
SPOK INC.
PAGER USE
$215.58
UNIFIRST HOLDINGS LP
UNIFORM SERVICES
$218.70
WASHINGTON CO RURAL WATER
116 LANDSCAPING
$248.94
DISTRICT
SALES TAX FUND-STREETS -Total
$9,166.80
SALES TAX STREETS
-Total
$9,166.80
40 CAPITAL IMPROVEMENTS
GROOMS IRRIGATION COMPANY
LANDSCAPE SERVICES
$22,018.50
CI- E76THSTWIDENING -Total
$22,018.50
JPMORGAN CHASE BANK
HAZMAT DQE -EQUIP
$599.60
JPMORGAN CHASE BANK
WS DARLEY- ACCESSORIES
$313.00
CIP FIRE DEPT VEHICLES -Total
$912.60
DOERNER, SAUNDERS, DANIEL &
CONDEMNATION ACTIONS
$852.19
CIP GARN RD WIDE 106.116 -Total
$852.19
CAPITAL IMPROVEMENTS
-Total
$23,783.29
70 CITY GARAGE
JPMORGAN CHASE BANK
FOSTERS - PAINTING
$668.80
JPMORGAN CHASE BANK
HESSELBEIN -TIRES
$1,766.64
JPMORGAN CHASE BANK
HOME DEPOT - SUPPLIES
$125.91
JPMORGAN CHASE BANK
JIM GLOVER -PARTS
$37.88
JPMORGAN CHASE BANK
JIM NORTON -PARTS
$937.43
JPMORGAN CHASE BANK
LENOX- TOWING
$258.50
JPMORGAN CHASE BANK
SAMS- SUPPLIES
$54.96
JPMORGAN CHASE BANK
SUMMIT -PARTS
$42.94
JPMORGAN CHASE BANK
SUMMIT - REFUND
($420.00)
JPMORGAN CHASE BANK
TATE BOYS -PARTS
$109.99
7
Fund
Claims List - 10/5/2021
Vendor Name
70 CITY GARAGE JPMORGAN CHASE BANK
JPMORGAN CHASE BANK
UNIFIRST HOLDINGS LP
CITY GARAGE -Total
Payable Description Payment
Amount
UNITED FORD -PARTS $3,142.58
YELLOWHOUSE -PARTS $2,281.95
UNIFORM RENTAL $69.72
$9,079.30
CITY GARAGE -Total $9,079.30
76 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS $13,878.93
WORKERS' COMP SELF -INS -Total
$13,878.93
WORKERS' COMP SELF -INS -Total $13,878.93
77 GENERAL LIABILITY - PROPERT MICHAEL C WACKENHUTH ADJUSTER BILL $210.00
GEN LIAB -PROP SELF INS -Total
$210.00
GENERAL LIABILITY - PROPERT -Total $210.00
78 HEALTHCARE SELF INS FUND JPMORGAN CHASE BANK PUSH PEDAL -MAINT FEE $110.00
WELLNESS -Total $110.00
HEALTHCARE SELF INS FUND -Total $110.00
City Grand Total $168,867.33
A
TO: The Honorable Mayor and City Council
FROM: David Hurst
Fire Chief
SUBJECT: Walmart Community Grant Award Acceptance and Budget Amendment
DATE: October 1, 2021
BACKGROUND:
In August of 2021, staff submitted a grant proposal to the Walmart Community Grant Award
program to fund a carbon- monoxide detector project. In September of 2021, Walmart notified
staff of the Community Grant award in the amount of $1,500.00.
According to the Centers for Disease Control and Prevention (CDC), unintentional carbon -
monoxide exposure incidents are higher in the winter months due to the use of alternative heating,
and the most at -risk group are senior adults. This project will enable Fire Department staff the ability
to provide carbon - monoxide detectors to at -risk members of the community.
RECOMMENDATION:
Staff recommends acceptance of the Walmart Community Grant Award and approval of a
budget amendment in the General Fund, increasing the estimated revenue and the
appropriafion for expenditures in the Fire Department by $1,500.00.
TO: The Honorable Mayor and City Council
FROM: Jason Woodruff
Deputy Chief of Police
SUBJECT: Supplemental Appropriation -Safe Oklahoma Grant
DATE: October 1, 2021
BACKGROUND:
In 2012, the Oklahoma legislature passed HB 3052, which created a grant program within the
Attorney General's office, now known as the Safe Oklahoma Grant. The Attorney General was
authorized to award competitive grant funds to local law enforcement agencies, specifically
directed at reducing or preventing violent crime in Oklahoma communities.
The Owasso Police Department (OPD) first applied for a portion of this grant funding in 2016, and
received $56,000. OPD was subsequently awarded $36,232 in 2018, $30,000 in 2019, $25,000 in
2020, and $20,000 in 2021. On September 24th, 2021, OPD received notification from the Attorney
General's Office that grant funds had been approved in the amount of $30,000 for the 2022 Safe
Oklahoma Grant.
The $30,000 grant funds will be dedicated to "paid supplemental overtime ". The paid
supplemental overtime allows sworn personnel to work additional shifts, in addition to their normal
scheduled duties, focusing on high crime /high activity areas through the use of directed patrols,
saturation patrols, street crime operations, focused patrols during large gatherings, and
clandestine narcotics operations. Since OPD began receiving this grant, the funding has allowed
for the allocation of additional personnel to work during times where there is an increased risk of
crime, such as the Holiday Shopping Patrol, as well as respond to specific incidents such as threats
at area schools, threats at retail shopping centers, and threats against specific citizens.
RECOMMENDATION:
Staff recommends acceptance of the 2022 Safe Oklahoma Grant, authorization to execute the
contract with the Oklahoma Attorney General's Office, and approval of a budget amendment
in the General Fund, increasing the estimated revenue and the appropriation for expenditures in
the Police Department budget by $30,000.
ATTACHMENTS:
2022 Safe Oklahoma Grant Program Contract
Grant Award Notification
THE OFFICE OF ATTORNEY GENERAL
2022 SAFE OKLAHOMA GRANT PROGRAM CONTRACT
This agreement is made between the Office of Attorney General (OAG) and the Owasso Police
Department (Recipient). OAG agrees to provide funding to Recipient for the purposes provided
in Appendix A of this contract and in accordance with the terms and conditions provided in this
contract. Recipient agrees to cant' out the purposes for funding provided in Appendix A timely
and in good faith and to abide by all terms and conditions of this contract.
1. AMOUNT AND PURPOSE OF FUNDS
a. OAG is providing $30,000.00 to Recipient for overtime funds to target violent
crime.
2. AVAILABILITY OF FUNDS
a. Payment pursuant to this contract is to be made only from monies appropriated to
the Office of Attorney General (OAG) by the Oklahoma Legislature for the Safe
Oklahoma Grant Program established in Title 74, Section 20k of Oklahoma
Statutes. Notwithstanding any other provisions, payments to the Recipient by OAG
are contingent upon sufficient appropriations being made by the Oklahoma
Legislature. We may terminate our obligation under this contract if sufficient
appropriations are not made available by the Legislature. OAG may take any action
necessary in accord with such determination.
3. TERM OF CONTRACT
a. The term of the contract begins the date that funds are received by the
Recipient.
b. The term of this contract shall expire twelve (12) months from the date of a receipt
of funds unless otherwise agreed in Appendix A or an extension is granted by OAG
in writing. The date of receipt of funds by Recipient shall be used as a time
reference date for purposes of reporting.
2022 Safe Oklahoma Grant Award
c. If the funds are not fully spent by the expiration of this contract, Recipient shall
return all unencumbered funds to OAG, unless an extension is granted by OAG in
writing.
4. MODIFICATION AMENDMENT
a. This contract is subject to such modification as may be required by law or
regulation. Any such modification may be done unilaterally by OAG.
b. Revisions to the contract and any attachment in Appendix A, which is part of this
contract, must be approved in writing in advance by OAG.
c. A waiver by OAG to any provision in this contract must be signed and in writing
by OAG.
5. OAG PERFORMANCE
a. In accordance with the terms of this contract, the OAG will provide funding for the
project up to the total amount detailed in Appendix A. Funding will be dispersed
only upon receipt of an invoice received by OAG from Recipient for the full
amount of the awarded funds.
6. RECIPIENT PERFORMANCE
a. Recipient agrees to perform those duties, obligations and representations contained
in this contract and Appendix A, and to be bound by the provisions of this contract
and Appendix A, and all amendments thereto, which were submitted to OAG.
b. In no event shall any subcontract or subcontractor of the Recipient incur obligation
on the part of OAG or beyond the terms of Appendix A of this contract.
c. Recipient shall commence implementation of the project described in Appendix A
within sixty (60) days from the date of receipt of funds unless otherwise agreed to
in Appendix A or in writing by OAG.
d. Recipient agrees to cooperate with, and provide information to, any third -party
evaluator for the purpose of tracking results of the Safe Oklahoma Grant Program.
7. FUNDING TO RECIPIENT
a. Funding will be dispersed only upon receipt of an invoice received by OAG
from Recipient for the full amount of the awarded funds.
b. Funds made available shall be used only for the purposes and expenses approved
by OAG under this contract. These funds are distributed to Recipient who shall be
responsible for the payment of all expenses incurred by Recipient in performing
2022 Safe Oklahoma Grant Award
under this contract. The funds provided to the Recipient shall be expended only for
expenses incurred during the term of this contract as specified in Appendix A and
shall not be expended for expenses incurred prior to, or after, the term of this
contract.
c. Funds made available to Recipient under this grant shall be used to supplement,
and not supplant, other funds expended to carry out activities of the Recipient.
8. EMPLOYEE BENEFITS
a. Recipient acknowledges that the grant funds used to pay overtime are to pay
for time worked and not to be used to pay the associated benefits an employee
is entitled to in addition to payment for overtime hours worked.
b. Recipient has full responsibility for the payment of Workers' Compensation
insurance, unemployment insurance, social security, State and federal income tax,
salaries, benefits, and any other obligations required by law for its employees.
c. The parties intend that each shall be responsible for its own intentional and
negligent acts or omissions to act. OAG shall not be responsible for the acts and
omissions to act of Recipient or any of Recipient's subcontractors or vendors.
9. CERTIFICATIONS BY RECIPIENT
a. Recipient expressly agrees to be solely responsible to ensure that the use of monies
received under this contract complies with all federal, State and local statutes,
regulations and other legal authority, including any laws relating to
nondiscrimination, equal opportunity, and labor standards.
10. NO- CONFLICT COVENANT
a. Recipient covenants that no officers or employees of recipient have any interest,
direct or indirect, and that none shall acquire any such interest during their tenure
that would conflict with the full and complete execution of this contract. Recipient
further covenants that no employee of OAG received anything of value in
connection to this contract.
11. NON - COLLUSION
a. OAG and Recipient certify that neither has been a party to any collusion among
applicants to the Safe Oklahoma Grant Program, collusion with any state official
or employee in the awarding of this grant, or in any discussions with any applicants
or state officials concerning the exchange of anything of value for special
consideration in awarding this grant.
2022 Safe Oklahoma Grant Award 3
b. Recipient has not paid, given or donated or agreed to pay, give or donate to any
officer or employee of the State of Oklahoma any money or other thing of value,
directly or indirectly, in the procuring of this contract.
c. No person who has been involved in any manner in the development of this contract
while employed by the State of Oklahoma will be employed to fulfill any of the
services provided for under this contract.
12. PUBLICATIONS AND OTHER MATERIALS
a. Any material produced in whole or in part as a result of this contract maybe subject
to the Open Records Act of Oklahoma. OAG shall have authority to publish,
disclose, distribute and otherwise use any reports, data or other materials prepared
under this contract.
13. PROCUREMENT
a. Recipient agrees and is responsible for ensuring that procurement, management,
and disposition of property acquired with contract funds shall be governed by any
applicable federal and State laws, including any competitive bidding requirements
and requirements for the accounting of public funds.
14. RECORDS, REPORTS, DOCUMENTATION
a. Recipient shall provide a Quarterly Report every three (3) months to OAG of funds
dispersed during the term of this contract and a report detailing the progress of the
project. The reporting period shall commence on the date of the receipt of funds.
Reports shall be due within two (2) weeks of the end of the reporting period. The
reports shall include, but not be limited to, the following information:
i. A detailed itemization of the funds spent during the three (3) month
reporting period (including the attachment of supporting financial
documents to the report);
ii. An explanation of what was funded under item i. above;
iii. The remaining balance of the funds provided under this contract;
iv. An explanation of measurement and evaluation tools used to track
progress and results;
v. An explanation of any observed change in violent crime rates or trends as
a result of this project; and
vi. A brief narrative of the results, successes, and other observations from this
reporting period.
b. The Recipient shall maintain records and accounts, including property, personnel,
and financial records that properly account for all project funds. Recipient shall
make these records available to OAG upon request.
2022 Safe Oklahoma Grant Award
c. Recipient shall keep and maintain appropriate books and records reflecting the
services performed and costs and expenses incurred in connection with its
performance of this contract for a period of five (5) years from the ending date of
this contract. Upon reasonable notice, OAG, the State Auditor's Office, the State
Purchasing Director, or their representatives, shall be entitled to access any books,
records, and other documents and items directly pertaining to the project funds for
purpose of audit and examination, at Recipients premises during normal business
hours. In the event any audit, litigation, or other action involving these pertinent
records is started before the end of the five (5) year period, the Recipient agrees to
retain these records until all issues arising out of the action are resolved or until the
end of the five (5) year period, whichever is later.
d. Recipient shall provide any status updates during the term of this contract to OAG
upon request.
15. CLOSING OUT OF CONTRACT
a. Recipient shall promptly return to OAG any funds received under this contract
that are not expended for the agreed purposes under this contract in Appendix A.
b. Recipient shall submit any closeout documents showing proof of completion of
the terms of this contract to OAG.
c. Recipient agrees to provide any additional information required by OAG after the
expiration of this contract for the purpose of showing completion and results of
the project.
16. INTERPRETATION, REMEDIES, VENUE, CHOICE OF LAW
a. This contract shall be construed and interpreted pursuant to Oklahoma law.
b. Venue for any disagreement or cause of action arising under this contract shall be
Oklahoma County, Oklahoma.
17. TERMINATION OR SUSPENSION
a. This contract may be terminated or suspended in whole or in part at any time by
written agreement of the parties.
b. This contract may be terminated or suspended by OAG in whole or in part, for
cause, after notice and an opportunity for Recipient to present reasons why such
action should not be taken. Grounds for cause include, but are not limited to:
i. Recipient fails to commence implementation of the terms of this contract
within 60 days or as otherwise agreed in writing or in Appendix A.
2022 Safe Oklahoma Grant Award
ii. Recipient fails to comply with the terms of this contract or with any
applicable laws or regulations or is unduly dilatory in executing its
commitments under this contract.
iii. Purposes for the funds have not been or will not be fulfilled or would be
illegal to carry out.
iv. The Recipient has submitted incorrect or incomplete documentation
pertaining to this contract.
c. In the event of termination or suspension, Recipient shall be entitled to payment
for otherwise valid and allowable obligations incurred in good faith prior to notice
of termination or suspension.
18. SEVERABILITY
a. If any provision of this contract is held invalid by any court of competent
jurisdiction, such invalidity does not affect any other provision of this contract
that can be given effect.
19. POINT OF CONTACT
a. Correspondence and contact to the OAG shall be made through the primary and
secondary contact persons listed below:
Primary Contact Name: Sarah Gass
Title: Victim Witness Coordinator
Phone Number: 405 -522 -3412
Email: Sarah.Gass @oag.ok.gov
Agreed to the day of
M
Secondary Contact Name: Dane Towery
Title: Assistant Attorney General
Phone Number: 405 -522 -8965
Email: Dane.Towery @oag.ok.gov
Chief of Police Dan Yancey, Owasso Police Department
City Manager Warren Lehr, City of Owasso
2021.
Tim Downing
First Assistant Attorney General, Oklahoma Office of Attorney General
2022 Safe Oklahoma Grant Award
APPENDIX A — Purposes of Funding
The Recipient is required to complete a budget outline for the funds awarded under the terms of
this contract and attach as Appendix A.
Appendix A must include a copy of the Recipient's itemized budget for the project with of all
items /labor /services to be purchased with funds, and provide descriptions and overviews of the
activities planned. These documents are attached to this contract and incorporated into the terms
and requirements of this contract.
Funding is provided solely for the purposes in Appendix A and shall be spent solely on items in
Appendix A.
• $30,000.00 for overtime funds to target violent crime
2022 Safe Oklahoma Grant Award
JOHN M. O'CONNOR
ATTORNEY GENERAL
September 20, 2021
Chief of Police Scott Chambless
Owasso Police Department
111 North Main
Owasso, Oklahoma 74055
Dear Chief Chambless,
Thank you for your application to the Attorney General's Safe Oklahoma Grant Program. I am
pleased to announce that the Owasso Police Department will be awarded $30,000.00 for overtime
funds to target violent crime.
We are pleased your community is taking advantage of this opportunity. Past grantees have proven
their efforts to combat violent crime in their communities with the support of this program's
funding, and we are proud to partner with you to help achieve the same goal.
Thank you for your commitment to making your community and our state safe. We look forward
to working with the Owasso Police Department, and again, congratulations on your award for the
Safe Oklahoma Grant,
Sincerely,
John M} O'Connor
Oklahoma Attorney General
313 N.E. 21sT ST= • Ors How Cm. OK 73105 • (405) 521 -3921 • Fix: (405) 521 -6246
recycled paper
TO: The Honorable Mayor and City Council
FROM: Larry Langford
Director of Recreation and Culture
SUBJECT: Bid Award - 5K Heart Healthy Trail
DATE: October 1, 2021
BACKGROUND:
On July 16, 2019, City Council approved a professional service agreement with Planning Design
Group, Inc. (PDG) of Tulsa, Oklahoma, for the 5K Heart Healthy Trail Project. The scope of work
included a conceptual draft, final designs of architectural and civil engineering, construction
documents, bidding assistance, and project administration.
The 5K Heart Healthy Trail was originally proposed to be constructed throughout the entire length
of the Sports Park but, due to mitigation requirements from the U.S. Army Corps of Engineers, the
original design and location had to be adjusted. After review and evaluation, staff identified the
area surrounding the dry detention pond in the southwest portion of the Sports Park as the new
location for the 5K Heart Healthy Trail.
BID PROCESS:
Advertisements for bids were published on August 25, 2021, and September 1, 2021. A
mandatory pre -bid meeting was held at City Hall on Thursday, September 2, 2021, and five (5)
bids were opened publicly on Thursday, September 16, 2021.
BID ANALYSIS:
The bid package included Base Bid specifications for an asphalt surface trail, as well as an
alternate for a concrete surface trail.
The City received five (5) bids for the project. The submitted bids were examined for any
improper or unbalanced bids and none were discovered. To calculate the sum of the project to
include Alternate #1, the totals for "aggregate base" and "asphalt" must be subtracted from
Base Bid.
The lowest base bid, meeting all specifications, was from Magnum Construction, Inc., in the
amount of $295,592.00. All Alternate #I bids exceeded the amount budgeted for the project
and were removed from consideration. A breakdown of the bids are as follows:
CONTRACTOR
BASE BID
(asphalt surface trail
BASE WITH ALTERNATE
concrete surface trail
Bright Lighting
$328,700.00
$415,700.00
Crossland Heavy
$383,800.00
$499,901.25
Grade Line
$301,010.00
$369,225.00
Magnum
$295,592.00
$384,867.00
Tri -Star
$507,430.00
$492,325.00
5K Heart Healthy Trail
Page 2
FUNDING:
On June 18, 2019, City Council approved Resolution 2019 -13, amending the list of Capital
Improvement Projects eligible for funding from the Capital Improvements Fund to include the 5K
Heart Healthy Trail. Funding for the construction of the 5K Heart Healthy Trail is available in the
Capital Improvements Fund.
RECOMMENDATION:
Staff recommends awarding the base bid for the 5K Heart Healthy Trail to Magnum Construction,
Inc., of Broken Arrow, Oklahoma, in the amount of $295,592.00 and authorization to execute all
necessary documents.
ATTACHMENTS:
Bid Tabulation
Construction Contract
Owasso 5K Heart Healthy Trail - BID TABULATION AS SUBMITTED
City of Owasso- Owasso, OK
Dale: September 16, 2021
-TRAIL
BASE NO. u
ITEMS
ITEMS
UNIT
Ott
ARC HIMCrS
UNITCOST
ESTIMATE
TOTAL COST
BRIGHT
UNIT COST
LIGHTING
TOTALCOST
CROSSLANDHEAAff
UNITCOST
TOTALCOST
GRADE
UNIT COST
LINE
TOTAL COST
MAGNUM
UNIT LOST
TOTAL COST
TRI-STAR
UNIT COST
TOTAL COST
Mobilization - CIP
$25.000.00
$25,000.00
530,003.00
$30,000.00
$14,552.50
514,552.50
$50,000.00
$50,000.00
$14.90000
$14,900.00
554,000.00
$54,00000
Smideq- Complete In Place
$10,00000
$10,000.00
S7,200.00
$7,200.00
$10000.00
51.000.00
56,500.00
$6,500.00
$4,69).00
$4.697.00
$6,000.00
$6,000.00
EadhwoM- ErcavatioNEm6ankmenVCampaGieNGretling -CIP
540,000.00
$4.000.00
536,000.00
$36.00D.00
$83,000.00
583,000.00
$55.000.00
$55,000.00
$0],0011.110
581,000.00
5100,000.00
51011,000.00
55,000.00
$5,000.00
$5,000.00
$5,000.00
515,000.00
$15,000.00
$6,50000
$6,500.00
$],30000
$3.300.00
$8,000.00
$6,000,00
Filter Fabric/Slit Fence - CIP
51],50000
$1],600.00
$12,500.00
$12,500.00
514,000.00
$14.000.00
$24,500.00
$24,500.00
51.40000
$1.400.00
$13000,00
$13,0W.00
Lox Water Crossing - CIP
$2.50000
$7,500.00
513,657.00
$41,000.00
$1.200.0
$3,600.00
$2,000.00
$6,000.00
$2,40000
5],200.00
$900.00
$2,700.00
Trail Sloping - CIP
$1,50000
$1,500,00
$2,50.00
$2,500.00
54,700.00
$4,700.00
$2,50000
§2,500,00
$1,60000
$1.600.00
$2,000.0
$2,000.00
Completed Ago Base -CIP
4,865
$10.0
$4.650.00
$13.60
$66,00.00
$11.50
555,947.50
59.00
$43,785.00
$8.00
$38,92000
522.00
$107,030.00
6'00. W Type C ASpbaft Trail - CIP
3.650
$35.00
$12],]50.00
$19.73
$]2,000.00
$26.00
§94,900.00
$16.50
$60,225.00
$21.50
$78,475.00
522.00
$0.300.00
10
Trail Signs - CIP
$1,500.00
$1,50D.00
$500.00
$$00.00
S50.W
5600.00
550000
$500.00
$60000
$600.00
$650.00
$650.00
U-3 Bermuda Solid Sod - CIP
75,00
$0.42
$311500.00
WAG
$31,500.00
$0.90
$6],500.00
5034
$25,500.00
$0.50
$37,500.00
WAS
$33,750.00
Consmadmn Allavance
520,000.00
$20,000.00
$2.000.00
$20,000.00
$2.00000
$20,OOO.0D
$20 ow.001
520,000.00
$20,000.00
$20,000.00
$2.000.00
$20,000,00
TOTAL BASE BID ITEMS $335,900.0 $328,700.00 $383,800.00 5301,010.00 $295,592.00 $507,430.00
TOTAL ALTERNATE ITEMS $241,115.00 $225,000,00
TOTAL BASE BID AND ALTERNATE ITEMS $572,015.00 $415,700.00
This Bid Tabulation Sheet reflects the hilts as submitted by the contractors. The Items have not been altered Or corrected for math or totaling errors.
Planning Design Croup • 5314 South Yale Ave., Sell, 510 u Tulsa, OMahoma 74135
$266,946.75 $172,225.00 $206,670.00 $172,225.00
$650,746.75 $473,235.00 $502,262.00 $679,655.00
SECTION 9 — AGREEMENT and GENERAL CONDITIONS
THIS AGREEMENT is dated as of the 5th day of October, 2021, by
and between THE City of Owasso, Oklahoma (hereinafter called OWNER)
and
Magnum Construction, Inc. (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter
set forth, agree as follows:
ARTICLE 1. WORK
CONTRACTOR shall complete all Work as specified or indicated in the Project
Documents. All local, state, and federal laws, etc. shall govern every aspect of work.
The Work is generally described as follows:
OWASSO 5K HEART HEALTHY TRAIL
CITY OF OWASSO, OKLAHOMA
The project for which the Work under the Project Documents may be the whole or only
a part, is described as follows:
This project is for the construction of a trail to be located at the south side of the Owasso
Sports Complex. The work includes but is not limited to minor demolition, grading and
erosion control, trail construction (asphalt or concrete), and sodding.
The project has been assigned by OWNER to the responsible City Department. The
Department Director, or his /her duly authorized representative, who is hereinafter called
PROJECT MANAGER, will assume all duties and responsibilities and will have the rights
and authority assigned to DEPARTMENT in the Project Documents in connection with the
completion of the Work in accordance with the Project Documents.
ARTICLE 3. CONTRACT TIME
3.1 The Work will be substantially completed within Ninety (90) calendar days
from the date of Notice to Proceed; and completed and ready for final payment in
accordance with the General Conditions within One Hundred Twentv (120)
calendar days from the date of Notice to Proceed, which will be on or before
3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of
the essence of this Agreement and that OWNER will suffer financial loss if the Work is not
substantially complete within the time specified in paragraph 3.1 above, plus any
extensions thereof allowed in accordance with the General Conditions. They also
recognize the delays, expense and difficulties involved in proving in a legal or
arbitration proceeding the actual loss suffered by OWNER, if the Work is any such proof.
OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a
penalty) CONTRACTOR shall pay OWNER One Thousand Dollars ($1000.00) for each
consecutive calendar day that expires after the time specified in paragraph 3.1 for
substantial completion until the Work is substantially complete. After Substantial
Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining
Work within the time specified in paragraph 3.1 for completion and readiness for final
payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay
OWNER One Thousand Dollars ($1000.00) for each consecutive calendar day that
expires after the time specified in paragraph 3.1 for completion and readiness for final
payment.
ARTICLE 4. CONTRACT PRICE
4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance
with the Project Documents in current funds the amount agreed upon in
CONTRACTOR'S bid.
4.2 CONTRACTOR understands that the estimated quantities are not guaranteed
and that the determination of actual quantities and their classification is to be made by
the OWNER at the time of application for payment.
ARTICLE 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with the General
Conditions on the Pay Estimate Forms included as Exhibit "A" to this Agreement.
Applications for Payment will be processed by OWNER as provided in the General
Conditions.
5.1 Progress Payments. OWNER shall make progress payments on account of the
Contract Price on the basis of CONTRACTOR's Applications for Payment in accordance
with the City of Owasso's Payment Schedule included as Exhibit "B" to this Agreement
during construction as provided below. All progress payments will be on the basis of
the progress of the Work.
5.1.1 Progress payments shall not exceed an amount equal to 90% of the
WORK completed until such time as CONTRACTOR shall complete in excess of fifty
percent (50 %) of the contract amount.
5.1.2 Upon completion in excess of fifty percent (50 %) of the total contract
amount, OWNER shall pay an amount sufficient to increase total payments to
CONTRACTOR to 95% of the WORK completed, less such amounts as OWNER shall
determine in accordance with the General Conditions, provided that OWNER has
determined that satisfactory progress is being made, and upon approval by the Surety.
5.2 Final Payment. Upon final completion and acceptance of the Work in
accordance with the General Conditions, OWNER shall pay the Contract Price.
ARTICLE 6. CONTRACTOR'S REPRESENTATIONS
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the
following representations:
6.1 CONTRACTOR has familiarized himself /herself with the nature and extent of
Project Documents, Work, locality, and with all local conditions and federal, state and
local laws, ordinances, rules and regulations that in any manner may affect cost,
progress or performance of the Work.
6.2 CONTRACTOR has studied carefully all reports or explorations and tests of
subsurface conditions at or contiguous to the site and all drawings of physical
conditions in or relating to existing surface or subsurface structures at or contiguous to
the site (except underground facilities) which have been identified in the
Supplementary Conditions as provided in the General Conditions. Contractor accepts
the determination set forth in the General Conditions of the extent of the "technical
data" contained in such reports and drawings upon which Contractor is entitled to rely.
Contractor acknowledges that such reports and drawings are not Project Documents
and may not be complete for Contractor's purposes. Contractor acknowledges that
Owner and Project Manager do not assume responsibility for the accuracy or
completeness of information and data shown or indicated in the Project Documents
with respect to underground facilities at or continuous to the site. Contractor has
obtained and carefully studied (or assume responsibility for having done so) all such
additional supplementary examinations, investigations, explorations, tests, studies and
data concerning conditions (surface, subsurface and underground facilities) at or
contiguous to the site or otherwise which may affect cost, progress, performance or
furnishing of the Work or which relate to any aspect of the means, methods,
techniques, sequences and procedures of construction to be employed by Contractor,
and safety precautions and programs incident thereto. Contractor does not consider
that any additional examinations, investigations, explorations, tests, studies, or data are
necessary for the performance and furnishing of the Work at the Contract Price, within
the Contract Times and in accordance with the other terms and conditions of the
Project Documents.
6.3 CONTRACTOR has made or caused to be made examinations, investigations,
tests and studies of such reports and related data in addition to those referred to in
paragraph 6.2 as deemed necessary for the performance of the Work at the Contract
price, within the Contract Time and in accordance with the other terms and conditions
of the Project Documents; and no additional examinations, investigations, tests, reports
or similar data are or will be required by CONTRACTOR for such purposes.
6.4 CONTRACTOR has reviewed and checked all information and data shown or
indicated on the Project Documents with respect to existing Underground Facilities at or
contiguous to the site and assumes responsibility for the accurate location of said
Underground Facilities. No additional examinations, investigations, explorations, tests,
reports, studies or similar information or data in respect of said Underground Facilities
are or will be required by CONTRACTOR in order to perform and furnish the Work at the
Contract Price within the Contract Time and in accordance with the other terms and
conditions of the Project Documents, including the General Conditions.
6.5 CONTRACTOR has correlated the results of all such observations,
examinations, investigations, tests, reports and data with the terms and conditions of
the Project Documents.
6.6 CONTRACTOR has given OWNER written notice of all conflicts, errors or
discrepancies that he has discovered in the Project Documents, and the written
resolution thereof by OWNER is acceptable to CONTRACTOR.
6.7 CONTRACTOR has obligated himself /herself to the OWNER to be responsible
for the workmanship, labor and materials used in the project for two (2) years after the
project has been accepted by the OWNER.
6.8 CONTRACTOR understands that they will be exempt from all sales tax on
materials and other items necessary for the completion of the project. The OWNER has
issued him a Certification of Tax Exempt Project enclosed as Exhibit "C of this
Agreement.
ARTICLE 7. PROJECT DOCUMENTS
The Project Documents which comprise the entire agreement between OWNER and
CONTRACTOR are attached to this Agreement, made a part hereof, and consist of the
following:
7.1 This Agreement and General Conditions
7.2 Exhibits "A", "B", and "C to this Agreement
7.3 Advertisement for Bids
7.4 Requirements for Bidders
7.4 Project and Bid Specifications
7.6 Bid
7.7 Bid Bond
7.8 Bid Affidavits
7.9 Statement of Bidders Qualifications
7.10 Certificate of Non - Discrimination
7.11 Performance Bond / Maintenance Bond / Statutory payment Bond
7.12 Notice of Award and Notice to Proceed
7.13 Change Order
7.14 Project Drawings, consisting of Sheets 1 to 16, inclusive, and Standard
Drawings.
7.15 Addendum Numbers _1_ to 1, inclusive.
7.16 Documentation submitted by CONTRACTOR prior to Notice of Award
7.17 Any Modification, including Change Orders, duly delivered after execution of
Agreement
There are no Project Documents other than those listed above in this Article 7. The
Project Documents may only be altered, amended or repealed by a Modification (as
defined in the General Conditions).
ARTICLE 8. MISCELLANEOUS
8.1 Terms used in this Agreement which are defined in the General Conditions
shall have the meanings indicated in the General Conditions.
8.2 No assignment by a party hereto of any rights under or interests in the Project
Documents will be binding on another party hereto without the written consent of the
party sought to be bound; and specifically, but without limitation, monies that may
become due and monies that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law) and unless
specifically stated to the contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from any duty or responsibility under
the Project Documents.
8.3 OWNER and CONTRACTOR each binds himself /herself, his /her partners,
successors, assigns, and legal representatives to the other party hereto, his /her partners,
successors, assigns and legal representatives in respect to all covenants, agreements
and obligations contained in the Project Documents.
8.3 The Agreement for remaining portions thereof) should continue in effect, be
valid and binding upon both parties even if a provision or part of the Project
Documents should be held void or unenforceable by law.
ARTICLE 9. GENERAL CONDITIONS OF THE AGREEMENT
SECTION 101 DEFINITIONS AND TERMS
Whenever in these specifications and contracts, or in any documents or instruments
pertaining to construction where these specifications govern, the following terms or
pronouns in place of them are used, the intent and meaning shall be interpreted as
follows:
101.01 - ABBREVIATIONS: Whenever the following abbreviations are used in these
specifications or on the plans, they are to be construed the same as the respective
expressions represented:
A.A.S.H.O.
American Association of State Highway Officials
A.A.S.H.T.O.
American Association of State Highway Traffic Officials
A.I.A.
American Institute of Architects
A.S.A.
American Standards Association
A.S.C.E.
American Society of Civil Engineers
A.S.T.M.
American Society of Testing & Materials
A.W.W.A.
American Water Works Association
MUTCD
Manual on Uniform Traffic Control Devices
O.D.O.T.
Oklahoma Department of Transportation
101.02 - ADVERTISEMENT: The public announcement, as required by law, inviting bids for
work to be performed or materials to be furnished.
101.03 - AWARD: The acceptance by the Owner of a bid.
101.04 - BASE COURSE: The layer or layers of specified or selected materials of design
thickness placed on a sub -base or a sub -grade to support a surface course.
101.05 - BIDDER: The individual, company, partnership or corporation submitting a bid
for the advertised work.
101.06 - BRIDGE: A structure, including supports, erected over a depression or
obstruction as water, highway, or railway, and having a track or passageway for
carrying traffic, and having an opening measured along the center of the roadway of
more than 20 feet between abutments or springline of arches or extreme ends of
openings for multiple boxes.
101.07 - CITY: The City of Owasso, Oklahoma, a municipal corporation, acting through
its duly authorized officers or agents.
101.08 - CALENDAR DAY: Every day shown on the calendar.
101.09 - CHANGE ORDER: A written order issued by the Department to the contractor,
covering changes in the plans or quantities or both, within the scope of the contract
and establishing the basis of payment and time adjustments for the work affected by
the change.
101.10-CHANNEL: A natural or artificial water course.
101.11 - CONSULTANT: - Architect, Engineer, or other outside firm hired by the Owner to
design or administer the construction of the Project.
101.12 - CONTRACT: The written agreement between the Owner and the contractor
setting forth the obligations of the parties thereunder, including, but not limited to the
performance of the work, furnishing of materials, and the basis of payment.
The contract includes the invitation for bids, proposal, addenda, contract form and
contract bonds (statutory, performance and maintenance bond), specifications,
supplemental specifications, special provisions, general and detailed plans, and notice
to proceed, also any change orders and agreements that are required to complete
the construction of the work in an acceptable manner, including authorized extensions
thereof, all of which constitute one instrument.
101.13 - CONTRACT ITEM (PAY ITEM): A specifically described unit of work for which a
price is provided in the contract.
101.14 - CONTRACT PAYMENT BOND (STATUTORY BOND): The security furnished by the
contractor and his /her surety to guarantee payment of prescribed debts of the
contractor covered by the bond.
101.15 -CONTRACT PERFORMANCE BOND: The security furnished by the contractor and
his /her surety to guarantee complete execution and performance of the work in
accordance with the contract.
101.16 - CONTRACT TIME: The number of work days or calendar days allowed for
completion of the contract, including authorized time extensions.
In case a calendar date of completion is shown in the proposal in lieu of the number of
working calendar days, the contract shall be completed by that date.
101.17 - CONTRACTOR: The individual, company, partnership or corporation
contracting with the City of Owasso for performance of prescribed work.
10 1. 18 - CONTROL OF ACCESS: The condition where the right of owners or occupants of
abutting land or other persons to access, light, air or view in connection with a roadway
is fully or partially controlled by public authority.
101.19 - CULVERT: Any structure not classified as a bridge which provides an opening
under the roadway.
101.20 - DEPARTMENT: A Department of the City of Owasso operating under the
direction and authority of the Owner.
101.21 - DRAINAGE DITCH: A constructed open excavation or ditch constructed for the
purpose of carrying off surface water.
101.22- EASEMENT: A grant of a right of use of the property of an owner for a certain
purpose at the will of the grantee.
101.23 - EQUIPMENT: All machinery and equipment, together with the necessary
supplies for upkeep and maintenance, and also tools and apparatus necessary for the
proper construction and acceptable completion of the work.
101.24 - EXTRA WORK: An item of work not provided for in the contract as awarded but
found essential to the satisfactory completion of the contract within its intended scope.
101.25 - EXTRA WORK ORDER: A change order concerning the performance of work or
furnishing of materials involving extra work. Such extra work may be performed at
agreed prices or on a force account basis as provided elsewhere in these
specifications.
101.26 - INSPECTOR: The Department's authorized representative assigned to make
detailed inspections of contract performance.
101.27 - INVITATION FOR BIDS: The advertisement for proposals for all work or materials
on which bids are required. Such advertisement will indicate the time and place of the
opening of proposals.
101.28 - LABORATORY: The official testing laboratory of the City or any other testing
laboratory which may be designated by the Department.
101.29 - MATERIALS: Any substances specified for use in the construction of the project
and its appurtenances.
101.30 - MAYOR: The Mayor of the City of Owasso as constituted by charter to
administer the affairs of the City of Owasso.
101.31 - NOTICE TO PROCEED: Written notice to the contractor to proceed with the
contract work.
101.32 - OWNER: City of Owasso, Owasso Public Works Authority, Owasso Public Golf
Authority, or other entity of the City.
101.33 - PARKING: That portion of the right -of -way on city streets or urban projects not
covered by paved surface or sidewalk.
101.34 - PAVEMENT STRUCTURE: The combined sub -base, base and surface courses
placed on the sub -grade to support the traffic load and distribute it to the roadbed.
101.35 - PLANS: The approved plans, profiles, typical cross sections, working drawings
and supplemental drawings, or exact reproductions thereof, which show the location,
character, dimensions, and details of the work to be done.
101.36 - PROJECT: The specific section of construction to be performed thereon under
the contract.
101.37 - PROPOSAL: The written offer of the bidder, submitted on the prescribed
proposal form, to perform the work described in the plans and specifications and to
furnish the labor and materials at the prices quoted by the bidder.
101.38 - PROPOSAL GUARANTY: The security to be furnished by the bidder as a
guaranty of good faith to enter into a contract and to execute the required bonds
covering the work contemplated if his /her proposal is accepted.
101.39 - SHOULDER: The portion of the roadway contiguous with the traveled way for
accommodation of stopped vehicles, for emergency use, and for lateral support of
base and surface courses.
101.40 - SPECIAL PROVISIONS: Additions and revisions to the standard and
supplemental specifications covering conditions peculiar to an individual project.
101.41 - SPECIFICATIONS: A general term applied to all directions, provisions and
requirements pertaining to performance of the work.
101.42 - SPECIFIED COMPLETION DATE: The date on which the contract work is specified
to be completed.
101.43 - STATUTORY BOND: The approved forms of security furnished by the contractor
and his surety as a guaranty that (s)he will pay in full all prescribed debts of the
contractor covered by the bond.
101.44 - SUBBASE: The layer or layers of specified or selected material of designed
thickness placed on a subgrade to support a base course.
101.45 - SUBCONTRACTOR: An individual, company, partnership or corporation to
whom the contractor contracts part of the contract.
101.46 - SUBGRADE: The top surface of a roadbed upon which the pavement structure
and shoulders are constructed.
101.47 - SUBSTANTIAL COMPLETION: The time at which the Work (or specified part
thereof) has progressed to the point where, in the opinion of the Department, the Work
(or a specified part thereof) is sufficiently complete, in accordance with the Project
Documents, so that the Work (or specified part thereof) can be utilized for the purpose
for which it is intended. The terms "substantially complete" and "substantially
completed" as applied to all or part of the Work refer to Substantial Completion
thereof.
101.48 - SUBSTRUCTURE: All of that part of the structure below the bearings of simple
and continuous spans, skewbacks or arches and tops of footings of rigid frames,
together with the backwalls, wingwalls and wing protection railings.
101.49 - SUPERINTENDENT: The designated representative of the contractor present on
the work at all times during progress, authorized to receive and execute instructions
from the Department and capable of superintending the work effectively.
101.50 - SUPERSTRUCTURE: The entire structure except the substructure.
101.51 - WORK: Work shall mean the furnishing of all labor, materials, equipment, and
other incidentals necessary or convenient to the successful completion of the project
and the carrying out of all the duties and obligations imposed by the contract.
101.52 - WORKING DAY: A working day shall be any day, other than a holiday,
Saturday, or Sunday, on which weather and working conditions would permit the
normal forces of the contractor to proceed with regular work for a period of at least six
hours toward the completion of the work, unless work is suspended for causes beyond
the contractor's control. Saturdays, Sundays, and holidays on which the contractor's
forces engage in regular work, requiring the presence of an inspector, will be
considered as working days.
101.53 - WORK ORDER: A written order, executed by the Department, of a contractual
status requiring performance by the contractor without negotiation of any sort.
101.54 - WORKING TIME: The working time stated in the proposal and the contract shall
be definite number of working days or calendar days and shall be considered an
essential part of the contract.
101.55 - In order to avoid cumbersome and confusing repetition of expressions in these
specifications, it is provided that whenever anything is, or is to be, done, if, as, or, when
or where "contemplated, required, determined, directed, specified, authorized,
ordered, given, designated, indicated, considered necessary, deemed necessary,
permitted, reserved, suspended, established, approval, approved, disapproved,
acceptable, unacceptable, suitable, accepted, satisfactory, unsatisfactory, sufficient,
insufficient rejected, or condemned," it shall be understood as if the expression were
followed by the words "by the Department" or "to the Department."
SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS
102.01 - NOTICE TO BIDDERS (ADVERTISEMENT): After the date is set for the receipt of
proposals, the Owner will give notice of such letting to prospective bidders. The notice
will contain a description of the proposed work, together with information to the bidder
regarding access to proposal forms, plans, specifications, the amount of proposal
guaranty and the minimum wage rate required per hour for labor (when applicable).
This Notice to Bidders will be published as an advertisement giving notice of request for
bids, as required by State laws. The Notice to Bidders will become one of the Project
Documents, if award is made.
102.02 - PREQUALIFICATION OF BIDDERS: Bidders are not required to be pre - qualified.
Bidder must complete Statement of Bidder's Qualifications. No bid will be accepted
unless all questions have been answered completely and the statement has been
signed and notarized.
Each bidder agrees to comply with all terms of relating to equal employment
opportunity.
102.03 - PROPOSAL FORMS: The Owner will make available to bidders the proposal
forms which will state the location and description of the contemplated construction
and will show the approximate quantities of the various items of work to be performed
and materials to be furnished with a schedule of items for which unit bid or lump sum
prices are asked. The proposal form will state the time in which it must be completed
and the amount of the "Proposal Guaranty" which must accompany the proposal.
102.04 - INTERPRETATION OF ESTIMATES: The estimate of quantities of work to be done
and materials to be furnished listed in the Plans and on the Bid Form are to be
considered as approximate only and are to be used as a basis for the comparison of
bids and the award of the contract. The Owner does not expressly or by implication
agree that the actual quantities involved will correspond exactly therewith; nor shall the
bidder plead misunderstanding or deception because of such estimate of quantities, or
of the character, location or other conditions, pertaining to the work. Payment to the
contractor will be made only for the actual quantities of work performed or materials
furnished in accordance with the plans and specifications and it is understood that the
quantities of work to be done and the materials to be furnished may each be
increased, diminished or omitted as hereinafter provided without in any way
invalidating the bid prices.
102.05 - EXAMINATION OF PLANS SPECIFICATIONS SPECIAL PROVISIONS SITE OF WORK:
The bidder is required to examine carefully the site of the proposed work and the
proposal, plans, specifications, special provisions, and contract forms, and satisfy
himself /herself as to the character, quality and quantities of work to be performed and
materials to be furnished and as to the requirements of these specifications,
supplemental specifications, special provisions and contract. The submission of a
proposal shall be prima facie evidence that the bidder has made such an examination.
102.06 - PREPARATION AND SUBMISSION OF PROPOSAL: (1) The bidder shall submit
his /her proposal upon the forms furnished in the specification documents. The bidder
shall specify a unit price in words and figures for each pay item for which a quantity is
given and shall also show the products of the respective unit prices and quantities
written in figures in the column provided for that purpose and the total amount of the
proposal obtained by adding the amounts of the several items. All the words and
figures shall be in ink or typed. In case of a discrepancy between the prices written in
words and those written in figures, the prices written in words shall govern.
Any change in the unit price, words or figures, or the product of the unit price, shall be
acknowledged by the initials of the person signing the bid, adjacent to each such
change or alteration.
(2) LUMP SUM - The bidder shall submit his /her proposal upon the forms furnished in the
specification documents. The bidder shall specify a lump sum price when called for
either in words or in figures for each item requested, and shall also show the products
when applicable.
Any change in the lump sum, words or figures, or the product, shall be acknowledged
by the initials of the person signing the bid, adjacent to each such change or alteration.
SIGNATURE OF PROPOSAL CONTRACTS STATUTORY BOND
IF A CORPORATION: Title of officer signing, Secretary's attest and Seal
should be shown.
IF A COMPANY: Title of officer signing. (If incorporated, following the
Company name with "A Corporation" and title of
officer signing, along with Secretary's attest and
company seal or corporate seal.)
IF A PARTNERSHIP: Indicate following firm name "A Partnership" and
'Partner" following signature of partner signing.
IF AN INDIVIDUAL: Show individual, D /B /A (show firm name) and
following signature, show "Owner."
102.07 - REJECTION OF PROPOSALS: Proposals containing any omission, alterations of
form, additions or conditions not called for, conditional or alternate bids unless called
for, or if they contain a clause in which the bidder reserves proposals otherwise regular
which are not accompanied by a Proposal Guaranty will be considered irregular and
may be rejected. The Owner reserves the right to waive technicalities as to change,
alterations, or reservations and make the award in the best interest of the Owner.
102.09 - PROPOSAL GUARANTY: Each separate proposal shall be accompanied by a
certified check, cashier's check or bidder's surety bond, in the amount as stated in the
advertisement for bids.
102.10 - WITHDRAWAL OF PROPOSALS: Bids may be modified or withdrawn by an
appropriate document duly executed (in the manner that a Bid must be executed)
and delivered to the place where Bids are to be submitted at any time prior to the
opening of Bids. After other bids are opened and read, the bid for which withdrawal is
requested will be returned unopened.
102.11 - DISQUALIFICATION OF BIDDERS: Any one or more of the following causes may
be considered as sufficient for the disqualification of a bidder and the rejection of
his /her bid:
• Failure to comply with any qualification regulations of the Owner.
• Contractors on unacceptable lists published by governmental agencies.
• More than one proposal for the same work from an individual, company,
partnership, or corporation under the some or different names.
• Evidence of collusion among bidders. Participants in such collusion will receive no
recognition as bidders for any future work for the Owner.
• Unbalanced proposals in which the prices for some items are out of proportion to
the prices of other items.
• Failure to submit a unit price or lump sum for each item or items of work listed in the
proposal.
• Lack of responsibility as shown by past work for the Owner, judged from the
standpoint of workmanship and progress. Lack of competency and adequate
machinery, plant and other equipment, as revealed by the financial statement
and experience questionnaires.
• Uncompleted work which, in the judgment of the Owner, might hinder or prevent
the prompt completion of additional work if awarded.
• For being in arrears on existing contracts, in litigation with the Owner, or having
defaulted on a previous contract or failure to comply with any qualification
regulations of the Owner.
102.12 - MATERIAL GUARANTY: The successful bidder may be required to furnish a
complete statement of the origin, composition, and manufacture of any or all materials
to be used in the construction of the work together with samples, which samples may
be subjected to tests to determine their quality and fitness for the work.
102.13 - CONTRACTOR AND THEIR EMPLOYEES: The General Contractor and
subcontractors employed upon the work shall and will be required to conform to the
labor laws of the State of Oklahoma and the various acts amendatory and
supplementary thereto, and to all laws, ordinances, and legal requirements applicable
thereto. The contractor shall employ competent foremen, experienced mechanics,
and others skilled in the several parts of the work given them to do, for performance of
the work embraced in this contract; and shall promptly discharge any and all
incompetent or otherwise unsatisfactory employees. Contractor's employees directly
employed in performance of the work shall not be paid less than the prevailing
minimum wage scale.
Necessary sanitary conveniences for the use of employees on the work, properly
secluded from public observation, shall be provided and maintained by the contractor.
The construction and location of the facility and disposal of the contents shall comply
with all laws of the Owner and State, relating to health and sanitation regulations.
The contractor hereby agrees to comply with the provisions of Title 40 Oklahoma
Statutes (Supp.9181) Sections 196.1 et.seq. relating to minimum wage scale of public
projects.
The Contractor and each Subcontractor shall pay the contributions required by the
Social Security Act, U.S. Current Tax Payment Act (withholding tax) and the public laws
of the State and shall accept exclusive liability for said contributions. The Contractor
further shall indemnify and hold harmless the Owner on account of any such
contributions assessed against the Owner.
The contractor agrees to keep an accurate record showing the names and
occupation of all employees, including the employees of any subcontractor, employed
on the contract and also showing the actual wages paid to each of the employees,
which record shall be open at all reasonable hours to the inspection of the Owner or
the Commissioner of Labor, State of Oklahoma.
The contractor further agrees that it (and contractor's subcontractors, if any) will not fail
or refuse to hire or discharge any individual, or otherwise discriminate against any
individual with respect to this compensation, terms, conditions, or privileges of
employment, because of such individual's race, color, religion, sex, age or national
origin, and further agrees that it will not (nor will its subcontractors, if any) limit segregate
or classify its employees in any way which would deprive or tend to deprive any
individual of employment opportunities or otherwise adversely affect his /her status as
an employee, because of such individual's race, color, religion, sex, age, physical
handicap or national origin. Contractor further agrees with the Owner that this
contract may be terminated by the Owner in the event there shall be a violation of any
of the provisions of this paragraph, upon notice in writing given, and all monies to
become due pursuant to any other provisions of this contract from the date of
termination shall thereafter be forfeited the contractor being entitled only to monies
expended and services performed up to and including the date of termination.
SECTION 103 AWARD AND EXECUTION OF CONTRACT
103.01 - AWARD OF CONTRACT: Award of contract will be made by the Owner, upon
the recommendation of the Department to the lowest responsible bidder meeting the
requirements of the Oklahoma "Public Competitive Bidding Act". The award of
contracts involving the expenditure of federal funds is contingent on concurrence of
the federal agency or any other agency whose funds are being used. The award, if
made, will be within thirty (30) calendar days after the opening of proposals.
103.02 - CANCELLATION OF AWARD: The Owner reserves the right to cancel the award
of any contract at any time before the execution of said contract without any liability
against the Owner /City of Owasso.
103.03 - RETURN OF PROPOSAL GUARANTIES: The guaranty deposited with bids will be
returned to unsuccessful bidders within fourteen (14) days after the Bid Opening. The
guaranty of the successful bidder will be retained until after the contract is executed
and bonds approved, after which it will be returned. The Proposal Guaranty of any
Bidder whom Owner believes to have a reasonable chance of receiving the award,
may be retained by Owner until after the contract of the successful bidder is executed
and the bonds approved.
103.04 - INSURANCE AND BONDS: The successful bidder will be required to carry such
compensation and public liability insurance as may be required under the laws of the
State of Oklahoma, and shall execute and furnish a statutory surety bond guaranteeing
that the contractor shall pay all indebtedness incurred for materials and labor furnished
in the performance of the contract in a sum equal to one hundred percent (100 %) of
the contract price. The successful bidder shall furnish a performance surety bond in the
amount of one hundred percent (100 %) of the contract guaranteeing the proper and
prompt completion of the work in accordance with the provisions of the contract and
the plans and specifications. The successful bidder shall also furnish a maintenance
bond in the amount of one hundred percent (100 %) of the contract, guaranteeing
public improvement projects for two (2) years against defective workmanship and
materials from the date of acceptance of the project. CONTRACTOR MUST USE THE
BOND FORMS SUPPLIED IN THIS DOCUMENT and MAY ATTACH SAID BOND.
The contractor (and any subcontractors) shall carry and keep in force during this
contract, policies of public liability insurance, including any contractual liability
assumed under this contract, in the minimum amounts set forth below, and workmen's
compensation and employer's liability insurance in the amounts required by law. The
contractor shall also furnish an Owner's Protective Policy in the same amounts with the
Owner as the named insured, issued by the same insurance company as the issuer of
Contractor's Liability Coverage.
Public Liability, other than automobile:
Personal Injury, each person $ 100,000.00
Personal Injury, each accident $1,000,000.00
Property Damage, each person $ 100,000.00
Property Damage, each occurrence $ 100,000.00
Automobiles and Trucks; Owned, Hired and Non - owned:
Personal Injury, each person $ 100,000.00
Personal Injury, each accident $1,000,000.00
Property Damage, each accident $ 100,000.00
The policy shall provide a clause stating that it cannot be canceled by the insurer
without the insurer first giving the Owner ten (10) day written notice of cancellation. The
contractor shall furnish the Owner an original and duplicate certificate of insurance at
the time contracts are prepared.
103.05 - FORFEITURE OF PROPOSAL GUARANTY: The individual, partnership, company or
corporation to whom a contract is awarded shall, within ten (10) days after such
contract is awarded, execute and deliver to the Owner the contract required under
such award, and execute and deliver all bonds required for the protection of the
Owner against the claims of every person whomsoever and against the claims of all
persons resulting from the acts or act, or the omissions or defaults of the contractor, in
such amounts as may be required by the Owner. Such bonds to be executed and
approved prior to the execution of said contract by the Owner.
Upon the failure of the bidder to execute said bonds, or any of them, and said contract
within said ten (10) days after the same is awarded, (s)he will be considered to have
abandoned said bid, and the Owner may re -let the same. By reason of the uncertainty
of the market prices of material and labor, and it being impracticable and extremely
difficult to fix the amount of damages and expenses which the Owner would be put to
by reason of said bidder's failure to execute said bonds and contracts within said ten
(10) days, the proposal guaranty accompanying the bid shall be the agreed amount of
damages which the Owner will suffer by reason of such failure upon the part of the
bidder, and shall thereupon immediately be forfeited to the Owner. The filing of a bid
under these instructions will be considered as an acceptance of this provision.
103.06 — PRELIMINARY MATTERS: Before starting construction, the Contractor shall
carefully study and compare the Project Documents and check and verify pertinent
figures therein and all applicable field measurements. Contractor shall promptly report
in writing to the Department any conflict, error, ambiguity, or discrepancy which the
Contractor may discover and shall obtain written interpretation or clarification from the
Department before proceeding with any work affected thereby.
With 10 days after the Notice to Proceed, the Contractor shall submit to the
Department for its timely review:
A preliminary progress schedule indicating the times (number of days or dates)
for starting and completing the various stages of the Work, including any
Milestones specified in the Project Documents;
2. A preliminary schedule of Shop Drawings and Sample submittals which will list
each required submittal and the times for submitting, reviewing, and
processing such submittal; and
3. A preliminary schedule of values for all the Work which includes quantities and
prices of items which, when added together, equal the Contract Price and
subdivides the Work into component parts in sufficient detail to serve as the
basis for progress payment during performance of the Work. Such prices will
include an appropriate amount of overhead and profit applicable to each
item of Work.
103.07 - PRECONSTRUCTION CONFERENCE: Within 20 days from Notice to Proceed, but
before any Work at the site is started, a conference attended by the Contractor,
Department, and others as appropriate will be held to establish a working
understanding among the parties as to the Work and to discuss the schedules referred
in paragraph 103.07, procedures for handling Shop Drawings and other submittals,
processing applications for payment and maintaining required records. At the present
time, the OWNER has not set aside a particular area to store materials and heavy
equipment. At the pre- construction conference, specific locations will be presented by
the Contractor for approval by the Department.
SECTION 104 SCOPE OF WORK
104.01 - INTENT OF CONTRACT: The intent of the contract is to provide for the
construction and completion in every detail of the work described. The contractor shall
furnish all labor, materials, equipment, tools, transportation, and supplies required to
complete the work in accordance with the plans, specifications, and terms of the
contract.
104.02 - ALTERATION OF PLANS OR CHARACTER OF WORK: The Owner reserves the right
to make at any time during the progress of the work, such increases or decreases in
quantities an such alterations in the details of construction, including alterations in the
grade or alignment of the road or structure or both, as may be found to be necessary
or desirable. Such increases or decreases and alterations shall not invalidate the
contract nor release the surety, and the contractor agrees to accept the work as
altered, the same as if it had been a part of the original contract.
All claims, disputes and other matters in question between Owner and Contractor
arising out of, or relating to, the Project Documents or the breach thereof are not
subject to arbitration. The Owner will be the sole judge in all claims and disputes.
104.03 - EXTRA WORK: The contractor shall perform unforeseen work, for which there is
no price included in the contract, whenever it is deemed necessary or desirable in
order to complete fully the work as contemplated. Such work shall be performed in
accordance with the specifications as directed in writing by the Department, and will
be paid for as provided under extra or force account work.
104.04 - MAINTENANCE OF TRAFFIC: The project, while undergoing improvements, shall
be kept open to all traffic by the contractor unless approved otherwise in writing by the
Department. Temporary traffic control devices shall be furnished and maintained by
the contractor. Methods of traffic control, including a traffic control plan, shall be
submitted by the Contractor for approval before construction activities begin. All traffic
control devices shall conform to the most recent Manual for Uniform Traffic Control
Devices (MUTCD).
104.05 - REMOVAL AND DISPOSAL OF STRUCTURES AND OBSTRUCTIONS: All materials,
structures, or obstructions found on the project which are not to remain in place or
which are not to be used in the new construction shall be carefully dismantled and
salvageable materials stored in accessible locations as directed by the Department.
Unless specified on the plans or in the proposal, this work will not be paid for separately
but will be included in the price bid for other items. Unless otherwise shown, materials
not considered salvageable for use by the Owner or not incorporated in the work shall
become the property of the contractor, and shall be removed from the work site in a
timely manner and disposed of by him /her.
104.06 - SITE MAINTENANCE: The work site shall be kept free from construction debris. At
the end of each work shift, the site shall be policed for objectionable debris which
could be deposited off site by wind or storm runoff. Other materials for use in the
construction of the project shall be maintained in orderly storage and protected from
elements which could hinder incorporation into the work.
104.07 - CONTROL OF STORM RUNOFF: The contractor shall take preventive measures to
minimize polluted runoff from the work site. Pollution includes, but is not limited to, silt or
mud from disturbed area, construction debris, any petroleum products, or other
objectionable materials. The contractor shall correct immediately any violation of this
paragraph under current state and local ordinances. Failure to comply may result in
shut down of all work as directed by the Department.
104.08 - FINAL CLEAN UP: Upon completion of the work and before acceptance and
final payment will be made, the contractor shall remove from the right -of -way all
machinery, equipment, surplus and discarded materials, rubbish, temporary structures
and stumps or portions of trees. Contractor shall cut all brush and weeds within the
limits of the right -of -way and shall leave the project and borrow pits in a neat condition.
Material, cleared from the right -of -way will not be considered as having been disposed
of satisfactorily. The contractor shall leave any areas or slopes, where any work is
performed, in a neat and workmanlike condition. Contractor shall repair at their own
expense and to the satisfaction of the Department, any areas, slopes, or turfing that
have been damaged by the Contractor operations.
4:1441101 � i 14111111154191 � i I'll*] E S 7�� i' &I 7; 4
105.01 - AUTHORITY OF THE CONTRACTOR: The Contractor shall supervise, inspect, and
direct the Work competently as efficiently devoting such attention thereto and
applying such skills and expertise as may be necessary to perform the Work in
accordance with the Project Documents. Contractor shall be responsible to see that
the completed Work complies accurately with the Project Documents.
105.02 - AUTHORITY OF THE DEPARTMENT: The Department's status during construction is
to assist the Owner in answering questions which may be brought forth by the
Contractor during construction. However, final decisions will be made by the Owner.
The Department will decide all questions which may arise as to the quality and
acceptability of materials furnished and work performed and as to the rate of progress
of the work; all questions which may arise as to the interpretation of the plans and
specifications; all questions as the acceptable fulfillment of the contract on the part of
the contractor. The Department will have the authority to suspend or change the
sequence of work wholly or in part due to the failure of the contractor to correct
conditions unsafe for the workmen or the general public; for failure to carry out
provisions of the contract; for failure to carry out orders; for such periods as deemed
necessary due to the unsuitable weather; for conditions considered unsuitable for
prosecution of the work or for any other condition or reason deemed to be in the public
interest. If the contractor ignores the authority of the Department under subsection
105.01, the Department may withhold partial payments due the contractor upon due
notice in writing.
Any notice to any Contractor from the Owner relative to any part of this Contract shall
be in writing and considered delivered and the service thereof completed, when said
notice is posted, by certified or registered mail, to the said Contractor at his /her last
given address, or delivered in person to said Contractor or his /her authorized
representative on the work.
105.03 - PLANS AND WORKING DRAWINGS: The Owner shall furnish the Contractor with
digital copies of ALL Plans and Specifications at no cost to the Contractor. If hard copy
sets are required, the Contractor will be required to print those at their own expense.
Plans will show details of all structures, lines, grades, typical cross sections of the
roadway, location and design of all structures. The contractor shall keep one set of
plans available on the work at all times. The plans will be supplemented by such
working drawings as are necessary to adequately control the work. Working drawings
for structures shall be furnished by the contractor and shall consist of such detailed
plans as may be required to adequately control the work and are not included in the
plans furnished by the Owner. They shall include stress sheets, shop drawings, erection
plans, false -work plans, cofferdam plans, bending diagrams for reinforcing steel or any
other supplementary plans or similar data required of the contractor. All work drawings
must be approved by the Department and such approval shall not operate to relieve
the contractor of any of his /her responsibility under the contract for the successful
completion of the work. The contract price will include the cost of furnishing all working
drawings.
After the Awarding of Contract, the Contractor shall furnish copies of each submittal
required, along with a list of all subcontractors, telephone numbers, addresses, etc.
Exceptions will be made on an individual basis concerning submittal time frames if
manufacturer needs additional time. Generally, Notice to Proceed will be issued once
the City Attorney has approved the contract and all bond, and the submittals and list
of subcontractors have been submitted.
105.04 - CONFORMITY WITH PLANS AND SPECIFICATIONS: All work performed and all
materials furnished shall be in reasonable close conformity with the lines, grades, cross
sections dimensions and material requirements, including tolerances, shown on the
plans or indicated in the specifications.
In the event the Department finds the materials or the finished product in which the
materials are used or the work performed are not in reasonable close conformity with
the plans and specifications and have resulted in an inferior or unsatisfactory product,
the work or materials shall be removed and replaced or otherwise corrected by and at
the expense of the contractor.
105.05 - COORDINATION OF PLANS, SPECIFICATIONS, SUPPLEMENTAL SPECIFICA -TIONS
AND SPECIAL PROVISIONS: These specifications, the supplemental specifications, the
plans, special provisions, and all supplementary documents are essential parts of the
contract, and a requirement occurring in one is as binding as though occurring in all.
They are intended to be complimentary and to describe and provide for a complete
work.
The contractor shall take no advantage of any apparent error or omission in the plans
or specifications. In the event the contractor discovers such an error or omission, they
shall immediately notify the Department. The Department will then make such
corrections and interpretations as may be deemed necessary for fulfilling the intent of
the plans and specifications.
105.06 - COOPERATION BY CONTRACTOR: The contractor shall give the work the
constant attention necessary to facilitate the progress thereof, and shall cooperate
with the Department, his /her inspectors, and other contractors in every way possible.
The contractor shall have on the work at all times, as his /her agent, a competent
superintendent capable of reading and thoroughly understanding the plans and
specifications and thoroughly experienced in the type of work being performed, who
shall receive instructions from the Department or his /her authorized representatives. The
superintendent shall have full authority to execute order or directions of the
Department without delay, and to promptly supply such materials, equipment, tools,
labor, and incidentals as may be required. Such superintendence shall be furnished
irrespective of the amount of work sublet.
105.07 - PROTECTION OF PROPERTY: The protection of City, State and Government
monuments, street signs and other City property is of prime importance, and if the some
be damaged, destroyed, or removed, they shall be repaired, replaced, or paid for by
the contractor. Disturbance to this property must first be approved by the agency
which controls it.
At places where the contractor's operations are adjacent to the plant of railway,
telegraph, telephone, electric, gas water, sanitary sewers, or storm sewers, damage to
which might result in expense, loss, or inconvenience, work shall not be commenced
until all arrangements for relocation or revisions have been made.
The Owner has attempted to locate all storm sewers, culverts, and buried telephone or
electrical conduits, sanitary sewers, water mains, and gas mains that might interfere
with the construction of this project. The contractor shall cooperate with the owners of
any underground or overhead utility lines in their removal and rearrangement
operations in order that these operations may progress in a reasonable manner and
duplication or rearrangement work may be reduced to a minimum and that services
rendered by those parties will not be unnecessarily interrupted. The revision and
crossings of the various types of lines shall be made as follows:
A. Storm sewers and culverts may be removed at the time of crossing or may be
adequately braced and held in position while the pipe is placed beneath them. If the
storm sewer or culvert is removed, it shall be replaced with pipe of the some type and
size as that removed and it shall be rejoined to the undisturbed line with a joint
satisfactory to the Department. Backfill over and around the storm sewer shall be
thoroughly compacted in order that no settlement will occur. The revision and crossing
shown on the drawing shall be at the expense of the contractor. In the event line other
than those shown on the drawing are encountered and fall within the standard trench
limit or within 12" of subgrade and, in the opinion of the Department, revision of the line
is necessary for the construction of the project, the contractor will be reimbursed for the
extra cost of the crossings or revision, provided the Owner can't fix the problems
themselves.
B. All overhead and buried telephone and electrical conduits and gas mains to
be revised or crossed by the construction of this project shall be protected in
accordance with the directions of the utility company owning the conduits and /or
mains. The contractor shall notify the companies and obtain their permission before
making any crossing or revisions. In the event lines other than those shown on the
drawing are encountered, and in the opinion of the Department revision of the line is
necessary for the construction of the project, the contractor will be reimbursed for the
extra cost of the crossing or revision provided the utility can't fix the problem
themselves. Any overhead cables, buried cables, conduits or gas mains shown on
plans and damaged by the contractor shall be repaired, at his /her expense, to the
satisfaction of the Department and of the utility.
C. The contractor shall not remove any water or sanitary sewer lines except as
directed by the Department or as required by the drawing and specification, and shall
adequately brace and protect them from any damage during construction. Any
existing water main or sewer main or lateral damaged by the contractor's operations
will be repaired by the Owner's maintenance forces at the Contractors expense. The
contractor shall notify the Owner immediately after damaging any pipe.
The location of utility lines serving individual properties may or may not be shown on the
drawings. All plans have been reviewed by the respective owners of the utilities and
locations have been verified. If service lines are encountered which are not shown on
the plans or are shown in the wrong location, the contractor shall notify the owner of
the utility and the Department for relocation of the lines. If the lines are broken or
damaged from construction and were not shown or were shown erroneously, the
contractor shall not be liable for the cost of repairs.
105.08 - COOPERATION BETWEEN CONTRACTORS: The Owner reserves the right at any
time to contract for and perform other or additional work on or near the work covered
by the contract.
When separate contracts are let within the limits of any one project, each contractor
shall conduct his /her work so as to minimize interference with the progress or
completion of the work being performed by other contractors. Contractors working on
the some project shall cooperate with each other as directed.
Each contractor involved shall assume liability, financial or otherwise, in connection with
his /her contract and shall protect and save harmless the Owner from any and all
damages or claims that may arise because of inconvenience, delay or loss
experienced by him /her because of the presence and operations of other contractors
working within the limits of the same project.
The contractor shall arrange his /her work and shall place and dispose of the materials
being used so as to minimize interference with the operations of the other contractors
within the limits of the same project. The Contractor shall join their work with that of the
others in acceptable manner and shall perform it in proper sequence to that of the
others.
105.09 - CONSTRUCTION STAKES, LINES AND GRADES: Unless otherwise shown on plans,
the Contractor will set vertical and horizontal controls provided by the Consultant or
Department or shown on the construction plans. It shall be the responsibility of the
contractor to confer with the Consultant or Department and satisfy himself /herself as to
the accuracy of the controls prior to the commencement of work.
It shall also be the responsibility of the contractor to protect and maintain those controls
and to replace immediately any or all controls should they be damaged or altered in
any manner.
From these vertical and horizontal controls, the contractor shall layout and stake the
project for construction in accordance to construction plans and in a manner that is
satisfactory to the Department prior to setting forms or batterboards. From these vertical
and horizontal controls, the contractor shall provide competent personnel to layout the
project in accordance to construction plans.
105.10 - INSPECTION OF WORK: Inspectors employed by the Department will be
authorized to inspect all work done and materials furnished. Such inspection may
extend to all or any part of the work and to the preparation, fabrication or
manufacture of the materials to be used. The inspector will not be authorized to alter or
waive the provisions of the contract.
All materials and each part or detail of the work shall be subject to inspection by the
Department. The Department shall be allowed access to all parts of the work and shall
be furnished with such information and assistance by the contractor as is required to
make a complete and detailed inspection.
If the Department requests it, the contractor, at any time before acceptance of the
work, shall remove or uncover such portions of the finished work as may be directed.
After examination, the contractor shall restore said portions of the work to the standard
required by the specifications. Should the work thus exposed or examined prove
acceptable, the uncovering, or removing, and the replacing of the covering or making
good of the parts removed will be paid for as extra work, but should the work so
exposed or examined prove unacceptable, the uncovering or removing, and the
replacing of covering or making good of the parts removed, will be at the contractor's
expense.
Any work done or materials used without inspection by the Owner's representative may
be ordered removed and replaced at the Contractor's expense. The Department must
be notified within twenty -four (24) hours before placement of any concrete, asphalt, or
pipe and an inspector must be present during these operations. The inspector will not
be authorized to issue instructions contrary to the plans and specifications, or to act as
foreman for the contractor.
105.11 - REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK: All work which does
not conform to the requirements of the contract will be considered as unacceptable.
Unacceptable work, whether the results of poor workmanship, use of defective
materials, damage through carelessness, or any other cause, shall be removed
immediately and replaced in an acceptable manner.
Work done contrary to the instructions of the Department, work done beyond the line
shown on the plans, or any extra work done without authority, will be considered as
unauthorized and will not be paid for under the provisions of the contract. Work so
done may be ordered removed or replaced at the contractor's expense.
Upon failure on the part of the contractor to comply with any order of the Department
made under the provisions of this article, the Department will have the authority to
cause unacceptable work to be remedied or removed and replaced and
unauthorized work to be removed and to deduct the costs from any monies due or to
become due to the contractor.
Any defects in workmanship or materials will be corrected by the CONTRACTOR at no
additional expense to the OWNER. Any and all adjustments called to the attention of
the CONTRACTOR by the OWNER will be corrected within a reasonable time. The term
"reasonable" will be interpreted as being within thirty (30) days or less, unless the OWNER
agrees to extend this schedule.
105.12 - LOAD RESTRICTIONS: The contractor shall comply with all legal load restrictions
in the hauling of materials on public roads beyond the limits of the project. A special
permit will not relieve the contractor of liability for damage which may result from the
moving of equipment.
The operation of equipment of such weight or so loaded as to cause damage to
structures or the roadway or to any other type of construction will not be permitted.
Hauling of materials over the base course or surface course under construction shall be
limited as directed. No loads will be permitted on a concrete pavement, base or
structure before the expiration of the curing period. The contractor shall be responsible
for all damage done by his /her hauling equipment.
105.13 - MAINTENANCE DURING CONSTRUCTION: The contractor shall maintain the work
during construction and until the project is accepted. This maintenance shall constitute
continuous and effective work prosecuted day by day, with adequate equipment and
forces to the end that the construction will be kept in satisfactory condition at all times.
All cost of maintenance work during construction and before the project is accepted
shall be included in the unit prices bid on the various pay items and the contractor will
not be paid an additional amount for such work.
105.14 - FAILURE TO MAINTAIN CONSTRUCTION: If the contractor, at any time, fails to
comply with the provisions of maintenance, the Department will immediately notify the
contractor of such non - compliance. If the contractor fails to remedy unsatisfactory
maintenance within 24 hours after receipt of such notice, the Department may
immediately proceed to maintain the project, and the entire cost of this maintenance
will be deducted from monies due or to become due the contractor on this contract.
105.15 - FINAL INSPECTION: Upon due notice from the contractor of presumptive
completion of the entire project, the Department will make an inspection with the
contractor. If all construction provided for and contemplated by the contract is found
completed to his /her satisfaction, that inspection shall constitute the final inspection.
If, however, the inspection discloses any work, in whole or in part, as being
unsatisfactory, the Department will give the contractor the necessary instructions for
correction of same, and the contractor shall immediately comply with and execute
such instructions. Upon correction of the work, another inspection will be made which
shall constitute the final inspection provided the work has been satisfactorily
completed.
SECTION 106 CONTROL OF MATERIAL
106.01 - SOURCE OF SUPPLY AND QUALITY REQUIREMENTS: The materials used on the
work shall meet all quality requirements of the contract. In order to expedite the
inspection and testing of materials, the contractor shall notify the Department of his /her
proposed sources of materials prior to delivery. At the option of the Department,
materials may be approved at the source of supply before delivery is started. If it is
found after trial that sources of supply for previously approved materials do not
produce specified products, the contractor shall furnish materials from other sources.
106.02 - SAMPLES. TESTS, CITED SPECIFICATIONS: All materials will be inspected, tested
and accepted by the Department before incorporation in the work. Any work in which
untested and unaccepted materials are used without approval or written permission of
the Department shall be performed at the contractor's risk and may be considered as
unacceptable and unauthorized.
All materials required to be tested by a private laboratory shall be approved by the
Department. Reports of such tests shall be forwarded to the Department.
106.03 - PLANT INSPECTION: The Department may undertake the inspection of materials
at the source. In the event plant inspection is undertaken, the following conditions shall
be met:
A. The Department shall have the cooperation and assistance of the contractor
and the producer with whom (s) he has contracted for materials.
B. The Department shall have full entry at all times to such parts of the plant as
may concern the manufacture or production of the materials being furnished.
C. If required by the Department, the contractor shall arrange for an approved
building for the use of the inspector, such building to be located conveniently near the
plant, independent of any building used by the material producer.
D. Adequate safety measures shall be provided and maintained.
It is understood that the Owner reserves the right to retest all materials prior to
incorporation into the work which have been tested and accepted at the source of
supply after the same have been developed and to reject all materials which, when
retested, do not meet the requirements of these specifications.
106.04 - UNACCEPTABLE MATERIALS: All materials not conforming to the requirements of
the specification shall be considered as unacceptable and all such materials will be
rejected and shall be removed immediately from the site of the work unless otherwise
instructed by the Department. No rejected material, the defects of which have not
been corrected, shall be used until approval has been given.
SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC
107.01 - LAWS TO BE OBSERVED: The contractor shall keep fully informed of all Federal
and State laws, all local laws, ordinances, and regulations and all orders and decrees of
bodies or tribunals having any jurisdiction or authority, which in any manner may affect
those engaged or employed on the work, or which in any way affect the conduct of
the work. The Contractor shall at all times observe and comply with all such laws,
ordinances, regulations, orders and decrees; and shall protect and indemnify the
Owner and its representatives against any claim or liability arising from or based on the
violation of any such law, ordinance, regulations, order, or decree, whether by
himself /herself or his /her employees.
107.02 - PATENTED DEVICES, MATERIALS AND PROCESSES: If the contractor employs any
design, device, material, or process covered by letters of patent or copyright, they shall
provide for such use by suitable legal agreement with the patentee or owner. The
contractor and the surety shall indemnify and save harmless the Owner, any affected
third party from any and all claims for infringement by reason of the use of any such
patented design, device, material, or process, or any trademark or copyright, and shall
indemnify the Owner for any costs, expenses, and damages which it may be obliged to
pay by reason of any infringement, at any time during the prosecution or after the
completion of the work.
107.03 - PUBLIC CONVENIENCE AND SAFETY: The contractor shall comply with all
applicable Federal, State, and local laws governing safety, health and sanitation. The
contractor shall provide all safeguards, safety devices and protective equipment and
take any other needed actions, on his /her own responsibility or as the Department may
determine, reasonably necessary to protect property in connection with the
performance of the work covered by the contract.
Materials stored upon the roadway shall be so placed and the work shall, at all times,
be so conducted as to cause no greater obstruction to the traveling public than is
considered necessary by the Department.
107.04 - USE OF EXPLOSIVES: When the use of explosives is necessary for the prosecution
of the work, the contractor shall exercise the utmost care not to endanger life or
property, including new work. The contractor shall be responsible for all damage
resulting from the use of explosives.
In handling explosives used during the construction of the project, the contractor shall
adhere to all Federal and State laws and City ordinances regulating the purchase,
transportation, storage, handling and use of such explosives. No blasting shall be done
without the approval of the Department.
107.05 - CONTRACTOR'S RESPONSIBILITY FOR WORK: The performance of the contract
and the work, as well as the full dollar amount of the contract, is at the risk of the
contractor. The contractor shall take all responsibility of the work, and shall bear all
losses from any cause whatsoever, including, but not limited to, losses resulting because
of the amount or character of the work, or because the nature of the land in or on
which the work is done is different from what is assumed or expected, or on account of
the weather, floods, fire, windstorm, or other actions of the elements, or any cause or
causes whatsoever for which the Owner is not responsible.
If the work or any part or parts thereof is destroyed or damaged from any of the
aforesaid causes prior to Owner's final acceptance of same, the contractor, at
contractor's expense, shall restore the same or remedy the damage.
The Consultant or Department will provide necessary datum to begin construction,
however, it shall be the responsibility of the Contractor to provide all grade stakes, etc.
along with any surveying needed to produce a finished product. The Contractor will be
responsible for supplying copies of all field notes gathered in determining grades, etc.
during the construction of this project.
108.01 - ASSIGNMENT AND SUBLETTING OF CONTRACT:
A. The contractor shall give his /her personal attention to the fulfillment of this
contract, and shall not let, assign, or transfer it or his /his right, title, or interest in or to the
same or any part thereof, by attorney or otherwise, or sublet any part of the work to any
other person without the previous consent of the Owner in writing.
B. Should any subcontractor fail to perform in a satisfactory manner the work
undertaken by him /her, his /her subcontract shall be immediately terminated by the
contractor upon notice from the Owner. The contractor shall be as fully responsible to
the Owner for the acts and omissions of persons directly employed by them, as (s) he is
for the acts and omissions of persons directly employed by him /her. Nothing contained
in these Project Documents shall create any contractual relationship between any
subcontractor and the Owner.
108.02 - TIME AND PROGRESS:
A. The work shall be commenced on or after the date of the Notice to Proceed
from the Owner. The contractor agrees that the work shall be prosecuted regularly,
diligently, and uninterruptedly at a uniform rate of progress so as to insure completion
within the number of days stated in the Bid Proposal. It is expressly understood and
agreed that the said time for the completion of the work described herein is a
reasonable time for the completion of the same.
B. The contractor is required to furnish the Department with progress schedules,
in a format approved by the Department, setting forth in detail the procedure (s)he
proposes to follow, and giving the dates on which (s)he expects to start and to
complete separate portions of the work. If at any time, in the opinion of the
Department, proper progress is not being maintained, such changes shall be made in
the schedule of operations which will satisfy the Department that the work will be
completed within the period stated in the proposal.
C. Except as otherwise required for the safety or protection of persons or the
Work or property at the site or adjacent thereto, and except as otherwise stated in the
Project Documents, all Work shall be performed during regular working hours, and the
Contractor will not permit overtime work or the performance of Work on Saturday,
Sunday, or any legal holiday without the Owner's written consent (which will not be
unreasonably withheld) given after prior written notice to the Engineer. The Contractor
is to compensate the Owner for any charges incurred by the Owner for the inspection of
the Work outside regular business hours.
D. If the contractor shall fail to complete the work within the specified, then the
contractor agrees to pay to the Owner, not as penalty, but as liquidated damages for
such breach of contract, the sum specified in the Agreement for each day of failure to
complete the work after the specified time set forth in the Bid Proposal. The said
amount is fixed and agreed upon because of the impracticability and extreme
difficulty of fixing and ascertaining the actual damage the Owner would in such event
sustain.
E. It is further agreed that time is of the essence of each and every portion of
this contract and the specifications wherein a definite and certain time is fixed for the
performance of any act whatsoever; and where under the contract an allowance of
additional time for the completion of any work is made, the new time fixed by such
extension shall be of the essence of this contract.
F. Should the contractor be delayed in the final completion of the work by any
act or neglect of the Owner or Consultant, or of any employees of either, or by strikes,
injunctions, fire, or other cause or causes outside of and beyond the control of the
contractor and which, in the opinion of the Department, could have been neither
anticipated nor avoided, then an extension of time sufficient to compensate for the
delay, as determined by the Department, shall be granted by the Owner, provided,
however, that the contractor shall give the Owner and the Department notice in writing
of the cause of the delay in each case within ten (10) days after the delay.
G. Time extensions may be granted for unusually inclement weather occurring
more often than anticipated at the project location during any given month.
Anticipated weather delays (days) included in the contract period at time of award
are based on the following:
Monthly Anticipated Adverse Weather Delay
Work Days Based on Five (5) Day Work Week
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
10 6 8 6 6 4 3 3 6 5 3 6
The contractor's progress schedule must include these anticipated adverse weather
delays in all weather - dependent activities. Time extensions to the contract period will
be granted only under the following conditions.
The delay has been documented with Owner in a timely manner and
Owner agrees that the delay actually occurred, and
2. The delay affects work in progress and actually causes a delay in
project performance.
H. Extensions of time will not be granted for delays caused by inadequate or
insufficient construction force or the failure of the contractor to place orders for
equipment or materials a sufficient time in advance to insure delivery when needed.
Any extension of time by the Owner shall not release the contractor and surety herein
from the payment of liquidated damages for a period of time not included in the
original contract or the time extension as herein provided.
I. Failure to complete project within specified time, as set forth in this contract,
may be grounds for disqualification for future consideration for contracts with the City
of Owasso.
108.03 - CHARACTER OF WORKERS, METHODS AND EQUIPMENT: The contractor shall at
all times employ sufficient labor and equipment for prosecuting the several classes of
work to full completion in the manner and time required by these specifications.
All workers shall have sufficient skill and experience to perform properly the work
assigned to them. Workers engaged in special work or skilled work shall have sufficient
experiences in such work and in the operation of the equipment required to perform all
work properly and satisfactorily.
Any person employed by the contractor or by any subcontractor who does not perform
his /her work in a proper and skillful manner or is intemperate or disorderly shall, at the
written request of the Department, be removed forthwith by the contractor or
subcontractor employing such person, and shall not be employed again in any portion
of the work without the approval of the Department.
Should the contractor fail to remove such person or persons as required above, or fail to
furnish suitable and sufficient personnel for the proper prosecution of the work, the
Department may suspend the work by written notice until such orders are complied
with.
108.04 - LIMITATION OF OPERATIONS: The contractor shall conduct the work at all times
in such a manner and sequence to the satisfaction of the Department. (S)he shall not
open up work to the prejudice or detriment of work already started. The Department
may require the contractor to finish a section on which work is in progress before work is
started on any additional sections if the opening of such section is in the public interest
or welfare.
108.05 - CONTRACTOR'S RIGHT OF PROTEST: If the contractor considers any work
demanded of him /her to be outside the requirements of the contract, or considers any
record or ruling of the Department to be unfair, (s)he shall, immediately upon such work
being demanded or such record or ruling being made, ask for written instructions or
decisions, whereupon (s)he shall proceed without delay to perform the work or to
conform to the record or ruling. Within ten (10) days after the date of receipt of written
instructions or decisions, (s)he shall file a written protest with the Department, stating
clearly and in detail the basis of his /her objections. Except for such protest and
objections as are made of record in the manner herein specified and within the time
stated, the records, rulings, instructions, or decision of the Department shall be final and
conclusive.
108.06 - RIGHT OF OWNER TO TERMINATE CONTRACT: If the work to be done under this
contract shall be abandoned by the contractor, or if this contract shall be assigned by
him /her otherwise than as herein provided, or if the contractor should be adjudged as
bankrupt, or if a general assignment of his /her assets be made for the benefit of his
creditors, or a receiver should be appointed for the contractor or any of his /her
property; or if at any time the Department shall certify in writing that the performance
of the work under this contract is being unnecessarily delayed, or that the contractor is
willfully violating any of the conditions or covenants of this contract or the specifications
therefore, or that (s)he is executing the some in bad faith or otherwise not in
accordance with the terms of this contract; or if the work be not substantially
completed within the time named for its completion, or within the time to which such
completion date may be extended then the Owner may serve written notice upon the
contractor and his /her surety of said Owner's intention to terminate this contract, and
unless within five (5) days after the serving of such notice upon the contractor a
satisfactory arrangement is made for the continuance thereof, this contract shall cease
and terminate. In the event of such termination, the Owner shall immediately serve
notice thereof upon the surety and contractor, and the surety shall have the right to
take over and complete the work, provided, however, that if the surety does not
commence performance thereof within thirty (30) days from the date of said notice of
termination, the Owner may take over the work and prosecute same to completion, by
contract, or otherwise for the account and at the expense of the contractor; and the
contractor and his /her surety shall be liable to the Owner for any and all cost sustained
by the Owner by reason of such prosecution and completion. In such event the Owner
may take possession of, and utilize in completing the work, all such materials,
equipment, tools and plant as may be on the site of the work and necessary therefore.
108.07 - FINAL ACCEPTANCE: It shall be the duty of the Department to determine when
the work is completed and the contract fulfilled, and to recommend its acceptance by
the Owner. The work therein specified to be performed shall not be considered finally
accepted until all the work has been accepted by the City of Owasso and /or Owasso
Public Works Authority.
SECTION 109 MEASUREMENT AND PAYMENT
109.01 - PAYMENT FOR CONTRACTOR'S PLANT AND MISCELLANEOUS ITEMS: For
providing plant, tools, and equipment; for furnishing, erecting, maintaining and
removing the construction plant, construction roads, camps, sanitary convenience,
temporary water supply, de- watering and other temporary works; for furnishing
insurance, bonds, drawings, records, payment of fees, defense of suits, and any all
incidental requirements, whether or not they are enumerated in this paragraph, the
contractor shall receive no direct payment. Compensation for them shall be
considered as having been included in the prices stipulated for the bid items, the
payment for which, calculated in the manner specified, shall constitute the total
compensation due contractor for the performance of this contract.
109.02 - METHOD OF MEASUREMENT AND BASIS OF PAYMENT FOR ITEMS OF WORK: The
contractor shall be paid for all work performed under the contract based on the
Department's computations of as -built quantities and the contractor's unit price or lump
sum per bid item. This payment shall be full compensation for furnishing all supplies,
materials, tools, equipment, transportation, and labor required to do the work; for all loss
or damage, because of the nature of the work, from the action of the elements or from
any unforeseen obstruction or difficulty which may be encountered in the prosecution
of the work, and for which payment is not specifically provided; for all expenses
incurred by or because of any suspension or discontinuance of all or any part of the
work; and for well and faithfully completing the work according to the Project
Documents and the requirements of the Department.
109.03 - PAYMENTS: If the work is progressing in a satisfactory manner the Contractor
shall prepare an estimate for partial payment per EXHIBIT "B" deadlines of the work
completed, provided said payment is not less than $1,000.00. An estimate for partial
payment shall include items actually incorporated in the work. The Owner will retain
ten percent (10 %) of the amount due until in excess of fifty percent (50 %) of the
contract has been completed. At that time, Owner shall pay an amount sufficient to
increase total payments to ninety -five (95 %) of the contract price until the final
completion and acceptance of all work included in this contract. Partial payment
does not constitute acceptance of that portion of the work.
Owner has complete responsibility for payment review and approval during
construction. The Contractor's application for progress payments will be made on the
form presented as Exhibit "A" of the Agreement and they will be submitted in
accordance with the payment schedule presented as Exhibit "B" of the Agreement.
When the work has been completed, the Department shall carefully measure and
determine the as -built quantities of each class of work as shown in the schedule of bid
items and such extra work performed by order of the Department. The aggregate cost
of the work done and the materials furnished shall constitute the amount due for the
completed work. All prior estimates and payments shall be subject to correction in the
final estimate and payment.
109.04 - EXTRA WORK:
A. When and as ordered in writing by the Department, the contractor shall do
any work or furnish any materials which cannot reasonably be classified under any of
the items of the contract but which may be found necessary in order to carry out and
complete more fully the work herein agreed to be done and performed; and the
contractor hereby agrees to accept, as full compensation for such extra work, lump
sums or unit prices agreed upon in writing before said work is commenced.
B. Whenever, in the judgment of the Department, it is impracticable because of
the nature of the work or for any other reason to agree upon lump sums or unit prices,
the extra work and materials shall be paid for at actual necessary cost as determined
by the Department, plus fifteen percent (15 %), which fifteen percent (15 %) is hereby
understood and agreed to include all cost of general superintendence, general
expense, overhead, and profit. The actual necessary cost will include expenditures for
material, labor, foremen, insurance, bond premiums, social security, and supplies
furnished by the contractor, and a rental allowance for equipment, where required, to
be agreed upon in writing before the work is begun, but will, in no case, include any
allowance for office expense, general superintendence or other general expense.
C. The contractor shall, on or before the tenth day of the month succeeding
that in which any extra work shall have been performed, file with the Department an
account giving the itemized cost of such extra work, and shall give the Department
access to all accounts, bills, and vouchers relating thereto. In case the contractor fails
to file, within the time above mentioned, such accounts for extra work, (s)he will be
deemed to have performed such extra work without charge and shall be entitled to no
compensation therefore.
D. The contractor shall file with the Department, certified lists in duplicate, of any
equipment and the schedule of pay rates for common and semi - skilled labor and
operators of various classes which are intended to be used in performing the work
covered by this contract. These rates shall be subject to approval of the Department
for computation of extra work as mentioned above, however, if the contractor fails to
file these lists with the Department prior to starting any work covered by contract, then
the Department's computations shall be based on average wages and rates paid on
City work.
109.05 - PAYMENT OR ACCEPTANCE NOT A WAIVER BY OWNER: Neither acceptance by
the Owner or the Department, or any employee of either, nor any order by the Owner
for payment of money, or the payment thereof, nor any taking of possession by Owner,
nor the granting of any extension of time, shall operate as a waiver of any rights or
powers of Owner hereunder, and in the event that after the work hereunder has been
accepted and final payment made, it should be discovered that any part of this
contract has not been fully performed or has been done in a faulty or improper
manner, the contractor shall immediately remedy such defect, or in the event of
neglect to do so within a reasonable time after notice thereof, shall be liable for the
damage caused thereby, as Owner may elect. The acceptance of the work or final
payment therefore shall be no bar to suit against the contractor or surety, or both.
109.06 - CONTRACTOR'S OBLIGATION AFTER ACCEPTANCE: Contractor further agrees
without cost other than is specially provided for in this contract, at any and all times
during the guaranty period following the completion and final acceptance of the work
embraced in this contract, without notice from Owner, to refill all trenches or ditches
that may sink or settle; and to repair all breaks or failures that may occur in the
construction work due to defective material or workmanship; and to indemnify, save
harmless and defend Owner from any and all suits and actions of every description
brought against the Owner for, or on account of injuries or damages alleged to have
been received or sustained by any party or parties by reason of, or arising out of the
failure of contractor to refill all trenches or ditches; and to repair all breaks or failures of
said construction work, which said injuries or damages are alleged to have been
received during the guaranty period from the final acceptance of the work hereunder;
and to pay any and all judgments that might be rendered against the Owner in any
suits and actions, together with such expenses or attorney's fees expended or incurred
by the Owner in the defense thereof.
IN WITNESS WHEREOF, the parties hereby have signed this Agreement in duplicate.
One counterpart has been delivered to CONTRACTOR, the other belongs to OWNER.
All portions of the Project Documents have been signed by OWNER and CONTRACTOR.
This Agreement will be effective on October 5, 2021.
OWNER: CONTRACTOR:
By
Bill Bush, Mayor
(SEAL)
ATTEST:
Juliann M. Stevens, City Clerk
APPROVED AS TO FORM & CONTENT:
Julie Lombardi, City Attorney
Address for giving notices:
200 South Main Street
Owasso, OK 74055
EXHIBIT "A"
PAY ESTIMATE FORM (TYPICAL)
CITY OF OWASSO, OKLAHOMA
OWASSO 5K HEART HEALTHY TRAIL
10320 East 116th St. North
(Owasso Sports Complex North)
PAY ESTIMATE NO.
PERIOD:
CONTRACTOR
BID AMOUNT OF ORIGINAL CONTRACT:
CONTRACT ADJUSTMENTS:
ADJUSTED BID AMOUNT:
TOTAL COMPLETE WORK:
MATERIALS STORED (per attached tabulation):
LESS 10 %RETAINAGE:
TOTAL EARNED LESS 10 %RETAINAGE:
PERCENTAGE OF PROJECT COMPLETION:
LESS PREVIOUS PAYMENTS:
AMOUNT DUE THIS ESTIMATE:
The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief
the Work covered by this Payment Estimate has been completed in accordance with Project Documents,
that all amounts have been paid by the Contractor for Work which previous Payment Estimates were issued
and payments received from the Owner, and that current payment shown herein is now due.
MAGNUM CONSTRUCTION INC
BY:
Project Manager
State of
County of:
Subscribed & sworn to before me this _day of
My Commission Expires:
Recommended for Payment by:
Department
Approved for Payment by:
City of Owasso
Notary Public
CERTIFICATE FOR PAYMENT
In accordance with the Project Documents, based on on -site observations and the
date comprising the above application, the certifies to the
Owner that to the best of their knowledge, information and belief, the Work has
progressed as indicated, the quality of the Work is in accordance with the Project
Documents, and the Contractor is entitled to payment of the amount certified.
AMOUNT CERTIFIED $
(Attach explanation if amount certified differs from the amount applied for.)
Date:
This certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the
contractor named herein. Issuance, payment and acceptance of payment without
prejudice to any rights of the Owner or Contractor under this Contract.
CONTINUATION SHEET Page _ of
Application and Certification for Payment, containing Contractor's signed Certification is
attached.
Application Number: Application Date:
Period to:
In tabulations below, amounts are stated to the nearest dollar. Use Column
where Variable retainage for line items may apply.
I on Contracts
A
B
C
D
E (cont)
ITEM
NO.
DESCRIPTION
OF WORK
SCHEDULED
VALUE
WORK COMPLETED WORK COMPLETED
FROM PREVIOUS THIS PERIOD
APPLICATION
(cont) F
G
H
I
MATERIALS
PRESENTLY STORED
TOTAL COMPLETED
AND ED
TO DATE
(D + E + f)
(GEC)
BALANCE
TO FINISH
tC -G)
RETAINAGE
NOTE: At bottom of each column, run totals.
CLAIM OR INVOICE AFFIDAVIT
STATE OF OKLAHOMA )
)SS
COUNTY OF J
The undersigned (Architect, Contractor, Supplier, Engineer or Supervisory Official), of
lawful age, being first duly sworn, on oath says that this (Invoice, Claim or Contract) is
true and correct. Affiant further states that the (work, services or materials) as shown by
this Invoice or Claim have been (completed or supplied) in accordance with the Plans,
Specifications, orders or requests furnished to the Affiant. Affiant further states that (s)he
has made no payment, nor given, nor donated, or agreed to pay, give, or donate,
either directly or indirectly, to any elected official, officer, or employee of the State,
County, or City of money or any other thing of value to obtain payment or the award of
this contract.
Contractor or Supplier
Subscribed and sworn to before me this day of
Notary Public
Commission #
My Commission Expires:
EXHIBIT "B"
CITY OF OWASSO, OKLAHOMA
Contractor and Engineer Payment Schedule
INVOICES ARE TO BE SUBMITTED FOR THE REGULARLY SCHEDULED CITY COUNCIL
MEETINGS ONLY.
The contractor or engineer shall have his /her pay request in by 5:00 p.m. on the first day
of the month unless the first falls on a Saturday, Sunday or Holiday, then it will be the
next working day. Pay requests are, therefore, due on the following dates:
September -
09/01/22
January
- 01/04/22
May
- 05/3/22
October -
10/01/22
February
- 02/01/22
June
- 06/1/22
November -
11/02/21
March
- 03/01/22
July
- 07/1/22
December -
12/01/21
April
04/01/22
August
- 08/2/22
Failure to meet the above dates and time may result in payment being delayed until
the following pay cycle.
EXHIBIT "C
CERTIFICATION OF TAX EXEMPT PUBLIC PROJECT
The City of Owasso, Oklahoma hereby certifies that Magnum Construction Inc. has
duly entered into a public contract pursuant to the law for the following purposes, to-
wit:
SK Heart Healthy Trail Project for the City of Owasso, Oklahoma to be constructed
as indicated in the bid specifications as awarded by the Owasso City Council on
October 5, 2021.
Accordingly, under the provisions of 68 O.S. §1356(1), the sale of tangible personal
property or services necessary for carrying out such public contract to the contractor or
any sub - contractor to such public contract are exempt from sales tax.
Any contractor or sub - contractor of such public contract shall certify, in writing, on the
copy of the invoice or sales ticket to be retained by the vendor that the purchases are
necessary for carrying out such public contract with the City of Owasso.
CITY OF OWASSO, OKLAHOMA
M
Juliann M. Stevens, City Clerk
TO: The Honorable Mayor and City Council
FROM: Larry Escalanta
General Services Superintendent
SUBJECT: Traffic Signal Radar Detection Purchase
DATE: October 1, 2021
BACKGROUND:
The Streets Division is responsible for the maintenance of thirty -nine (39) signalized traffic
intersections. One of the primary components of a signalized intersection is the
detection system. The detection system is what communicates to the intersection
control cabinet that there are vehicles waiting to receive a green light. Detection
system failure is the most common cause for signalized traffic intersections to improperly
function.
Currently, the City has a mixture of traffic detection devices, which include inductive
loops, cameras, and radar. Based on experience, staff has determined the most
reliable detection system is the radar technology. Over the past several years as new
intersections were added or when intersections were upgraded, the Wavetronix Radar
Detection system has been included.
A goal of the Streets Division is to have total radar detection at all intersections within
the next three (3) to five (5) years. This should eliminate any detection failures caused
by wind, heavy rain, ice, snow, fog, and seasonal sunrise or sunsets.
EQUIPMENT DESCRIPTION:
Staff is proposing the purchase of Wavetronix SmartSensor Matrix system for upgrades to
the following signalized intersections:
• East 86th Street North and North 123rd East Avenue
• East 86th Street North and North 145th East Avenue
• East 121st Street North and North Garnett Road
SOLE SOURCE PURCHASING:
The Code of Ordinances for the City of Owasso does not require competitive bidding if
the supplies, materials, equipment, or contractual services can only be furnished by a
single dealer, or which have a uniform price wherever bought. This provision within the
City's ordinance is commonly referred to as "sole source" purchasing.
The City of Owasso currently has twenty -four (24) radar detecting intersections utilizing
Wavetronix Radar Systems. The Wavetronix Radar is a proprietary system and is the only
Radar Detection
Page 2
radar detection system currently in use throughout the City. No other radar detection
system is compatible with the Wavetronix Radar Systems currently in use.
FUNDING:
Funding is available in the Street Division Budget.
RECOMMENDATION:
Staff recommends authorization for a sole source purchase of Wavetronix SmartSensor
Radar Systems from Wavetronix, of Provo, Utah, in the amount of $86,625.00.
ATTACHMENT:
Wavetronix Quotes
WAVETRONIX
QUO- 10141- L9J6S8
City of Owasso
Attn: Larry Escalanta
200 S Main
Owasso, OK 74055
USA
8/25/2021
City of Owasso
Attn: Larry Escalanta
301 W 2nd Ave
Owasso, OK 74055
USA
QUOTATION
John Ford
Please call John Ford if you have any questions or concerns.
(405) 441 -4890 or email John.Ford @wavetronix.com
Project #:
Description: OK- Owasso -E 86th St N at N 145th
E Ave
Location: Owasso
Payment Terms: Net 30
Shipping Terms: EXW Wavetronix' Loading
Dock
Shipping Method: Best Way
Total: $22,350.00
Notes:
Please allow 10 to 12 weeks for the delivery of material once PO has been received and processed.
Prices contained in this quote are applicable to this project only.
This quote includes 1000 ft of home -run cable. It is the responsibility of the customer or contractor to verify the
amount of cable needed for this project and adjust accordingly.
• Please send purchase orders and correspondence to Heartland @wavetronix.com.
Page 1 of 2
Bid Item
Description/Part
Intersection Bundle (E 86th St N at N 145th E Ave)
1
$22,350.00
$22,350.00
SmartSensor Matrix
4
$3,895.00
$15,580.00
55 -225
Each
SmartSensor Mount
4
$185.00
$740.00
SS -611
Each
Sensor Cable Junction Box Mini
4
$130.00
$520.00
102 -0453
Each
Cable, 60ft, 12 -8 pin, 6 conductor
4
$235.00
$940.00
55- 704 -060
1
Each
Click 650 SDLC Cabinet Interface Device
1
$2,595.00
$2,595.00
102 -0416
Each
Cable, 4', Male Male Female, SDLC Y -Cable
1
$305.00
$305.00
310 -0413
Each
SmartSensor 6 conductor cable, 1000'spool
1
$1,670.00
$1,670.00
SS- 705 -001
Each
Total: $22,350.00
Notes:
Please allow 10 to 12 weeks for the delivery of material once PO has been received and processed.
Prices contained in this quote are applicable to this project only.
This quote includes 1000 ft of home -run cable. It is the responsibility of the customer or contractor to verify the
amount of cable needed for this project and adjust accordingly.
• Please send purchase orders and correspondence to Heartland @wavetronix.com.
Page 1 of 2
WAVETRONIX
QUOTATION
Price is valid for shipment and use within the region designated on this quote. If other destination is required, please
call John ford for any concerns and questions.
*Quotation is valid for 30 days from date as quoted.
*Mount banding is not included and is to be provided by others.
*Wavetronix is not responsible for system integration or design.
*Price is based on standard sensor configuration and subject to change if bill of material changes.
*Contractor is responsible for determining whether additional sensor cable is required.
*Price provided is for material only.
*Poles for installation are not included.
*Ethernet switch, patch cable, Ethernet cable and other devices not specifically listed are not included.
*Bulk cable is Non - Cancellable Non - Returnable.
Wavetronix terms and conditions apply, with the noted exceptions, if any, as stated above.
Page 2 of 2
QUOTATION
QUO- 10142- 118D3L4
8/25/2021
John Ford
City of Owasso
City of Owasso
Project #:
Attn: Larry Escalanta
Attn: Larry Escalanta
200 S Main
301 W 2nd Ave
Description: OK- Owasso -E 86th St N at N 123rd
Owasso, OK 74055
Owasso, OK 74055
E Ave
USA
USA
Each
Location: Owasso
Payment Terms: Net 30
Shipping Terms: EXW Wavetronix' Loading
Dock
Shipping Method: Best Way
Please call John Ford if you have any questions or concerns.
(405) 441 -4890 or email John.Ford @wavetronix.com
Total: $41,925.00
Notes:
Please allow 10 to 12 weeks for the delivery of material once PO has been received and processed.
Prices contained in this quote are applicable to this project only.
This quote includes 3000 ft of home -run cable. It is the responsibility of the customer or contractor to verify the
amount of cable needed for this project and adjust accordingly.
• Please send purchase orders and correspondence to Heartland @wavetronix.com.
Page 1 of 2
Bid Item
Description/Part
Intersection Bundle (E 86th St N at N 123rd E Ave)
1
$41,925.00
$41,925.00
SmartSensor Matrix
7
$3,895.00
$27,265.00
SS -225
Each
SmartSensor Mount
7
$185.00
$1,295.00
SS -611
Each
Sensor Cable Junction Box Mini
7
$130.00
$910.00
102 -0453
Each
Cable, 60ft, 12 -8 pin, 6 conductor
7
$235.00
$1,645.00
SS- 704 -060
Each
Click 650 SDLC Cabinet Interface Device
2
$2,595.00
$5,190.00
102 -0416
Each
Cable, 4', Male Male Female, SDLCY -Cable
2
$305.00
$610.00
310 -0413
Each
SmartSensor 6conduc tor cable, 1000'spool
3
$1,670.00
$5,010.00
SS- 705 -001
Each
Total: $41,925.00
Notes:
Please allow 10 to 12 weeks for the delivery of material once PO has been received and processed.
Prices contained in this quote are applicable to this project only.
This quote includes 3000 ft of home -run cable. It is the responsibility of the customer or contractor to verify the
amount of cable needed for this project and adjust accordingly.
• Please send purchase orders and correspondence to Heartland @wavetronix.com.
Page 1 of 2
WAVETRONIX
QUOTATION
Price is valid for shipment and use within the region designated on this quote. If other destination is required, please
call John Ford for any concerns and questions.
*Quotation is valid for 30 days from date as quoted.
*Mount banding is not included and is to be provided by others.
*Wavetronix is not responsible for system integration or design.
*Price is based on standard sensor configuration and subject to change if bill of material changes.
*Contractor is responsible for determining whether additional sensor cable is required.
*Price provided is for material only.
*Poles for installation are not included.
*Ethernet switch, patch cable, Ethernet cable and other devices not specifically listed are not included.
*Bulk cable is Non- Cancellable Non - Returnable.
Wavetronix terms and conditions apply, with the noted exceptions, if any, as stated above.
Page 2 of 2
WAVETRONIX
QUO- 10143- Q3B5L5
City of Owasso
Attn: Larry Escalanta
200 S Main
Owasso, OK 74055
USA
8/25/2021 John Ford
QUOTATION
City of Owasso Project #:
Attn: Larry Escalanta
301 W 2nd Ave Description: OK- Owasso -N Garnett Rd at N
Owasso, OK 74055 121st E Ave (Smith Farm Marketplace)
USA
Location: Owasso
Payment Terms: Net 30
Shipping Terms: EXW Wavetronix' Loading
Dock
Shipping Method: Best Way
Please call John Ford if you have any questions or concerns.
(405) 441 -4890 or email John.Ford @wavetronix.com
Total: $22,350.00
Notes:
Please allow 10 to 12 weeks for the delivery of material once PO has been received and processed.
Prices contained in this quote are applicable to this project only.
This quote includes 1000 ft of home -run cable. It is the responsibility of the customer or contractor to verify the
Page 1 of 2
Bid Item
Description/Part
Intersection Bundle IN Garnett Rd at N 121st E Ave (Smith Farm
1
$22,350.00
$22,350.00
MarketPlace)]
SmartSensor Matrix
4
$3,895.00
$15,580.00
SS -225
Each
SmartSensor Mount
4
$185.00
$740.00
SS -611
Each
Sensor Cable Junction Box Mini
4
$130.00
$520.00
102 -0453
Each
Cable, 60ft, 12 -8 pin, 6 conductor
4
$235.00
$940.00
SS- 704 -060
Each
Click 650 SDLC Cabinet Interface Device
1
$2,595.00
$2,595.00
102 -0416
Each
Cable, 4', Male Male Female, SDLC Y -Cable
1
$305.00
$305.00
310 -0413
Each
SmartSensor 6 conductor cable, 1000'spool
1
$1,670.00
$1,670.00
SS- 705 -001
Each
Total: $22,350.00
Notes:
Please allow 10 to 12 weeks for the delivery of material once PO has been received and processed.
Prices contained in this quote are applicable to this project only.
This quote includes 1000 ft of home -run cable. It is the responsibility of the customer or contractor to verify the
Page 1 of 2
WAVETRONIX QUOTATION
amount of cable needed for this project and adjust accordingly.
• Please send purchase orders and correspondence to Heartland @wavetronix.com
Price is valid for shipment and use within the region designated on this quote. If other destination is required, please
call John Ford for any concerns and questions.
*Quotation is valid for 30 days from date as quoted.
*Mount banding is not included and is to be provided by others.
*Wavetronix is not responsible for system integration or design.
*Price is based on standard sensor configuration and subject to change if bill of material changes.
*Contractor is responsible for determining whether additional sensor cable is required.
*Price provided is for material only.
*Poles for installation are not included.
*Ethernet switch, patch cable, Ethernet cable and other devices not specifically listed are not included.
*Bulk cable is Non - Cancellable Non - Returnable.
Wavetronix terms and conditions apply, with the noted exceptions, if any, as stated above.
Page 2 of 2
TO: The Honorable Mayor and City Council
FROM: Roger Stevens
Public Works Director
SUBJECT: Right -of -Way Acquisition and Agreed Variance
East 96th Street North from North 1 19th East Avenue to North 129th East Avenue
Roadway Improvement Project
DATE: October 1, 2021
City staff is currently involved in the acquisition of right -of -way and easements for East 96th Street
North Roadway Improvements from North 119th East Avenue to North 129th East Avenue.
Negotiations for the purchase of 1,168.10 square feet of right -of -way and 1,119.60 temporary
construction easement from Chick- Fil -A, Incorporated located at 12015 East 96th Street North,
have been successfully completed and staff is seeking City Council authorization to purchase
the land.
In addition to the right -of -way purchase, Chick- Fil -A, Incorporated is requesting a variance due
to their anticipation of a future reinvestment project that would result in a loss of parking spaces
and landscaping, thus rendering the Owasso Store out of compliance with the City's Zoning
Code.
DESCRIPTION /PURCHASE PRICE:
The settlement offer for the right -of -way is $15.92 per square foot, for the purchase price of
$18,600.00. Compensation for damages in the amount of $7,100.00 is in addition to the right -of-
way, for a total cost of $25,700.00.
AGREED VARIANCE:
Chick- Fil -A, Incorporated is requesting a variance pertaining to sections of the Owasso Zoning
Code, adopted by Ordinance No. 1131 and amended by Ordinance No. 1152. The following
summarizes the items within the requested variance:
• Owner of the subject property shall not be required to come back in compliance with
Section 12.1 (parking requirements) and City agrees to a minimum parking ratio of 5.31
spaces per 1,000 building square feet.
The City agrees that Owner may also use non - exclusive parking spaces in excess of the
parking ratio identified above which may be located on the Owner's property or
negotiates with neighboring entities or property owners as Owner deems necessary.
• The Variance from application of Section 12.1 of the Zoning Code shall remain in effect as
long as a Chick -fil -A restaurant operates on the Subject Property, including before,
during, and after reinvestment of the Owasso Store and no "non- conforming" issues with
regard to Section 12.1 shall impact Owner's ability to obtain the necessary permits
and /or other governmental approvals for the reinvestment.
ROW E 96th St N from E 119 to N129
Page 2
• Owner of the Subject Property shall not be required to come back in compliance with
Section 19.3 (landscaping, screening, and fencing requirements) of the Zoning Code.
• The Variance from application of Section 19.3 shall remain in effect as long as a Chick -fil-
A restaurant operates on the Subject Property, including before, during, and after
reinvestment of the Owasso Store and no "non- conforming" issues with regard to Section
19.3 shall impact Owner's ability to obtain the necessary permits and /or other
governmental approvals for the reinvestment.
• Owner of the Subject Property shall not be required to come back in compliance with
Section 10.6.5 (building set back requirement).
• The Variance from application of Section 10.6.5 shall remain in effect as long as a Chick -
fil-A restaurant operates on the Subject Property, including before, during, and after the
reinvestment of the Owasso Store and no "non- conforming" issues with regard to Section
10.6.5 shall impact Owner's ability to obtain the necessary permits and /or other
governmental approvals for the reinvestment.
FUNDING:
Funding for this land purchase is included in the project from the Vision Recapture Fund.
RECOMMENDATION:
Staff recommends authorization for payment in the amount of $25,700.00 to Chick- Fil -A,
Incorporated, for the acquisition of right -of -way and damages, located at 12015 East 96th Street
North.
Furthermore, staff recommends approval of the Agreed Variance between the City of Owasso
and Chick- Fil -A, Incorporated, and authorization to execute the agreement.
ATTACHMENTS:
Settlement Offer Letter
Agreed Variance
Site Map
SETTLEMENT OFFER LETTER
RE: 9611 Street North & US 169
County: Tulsa
Parcel: 3, 3.1
Owner: CHICK- FIL-A, INC.
To whom it may concern:
A right -of -way Improvement project has been planned for construction in your area. The project
will require that the City of Owasso acquire right -of -way across the property which you own or In
which you have an Interest.
The agent presenting this letter has been authorized by the City to explain the project and Its
effects upon you and your property. The City Is making a settlement offer to acquire the right -of-
way from you in the name of the City of Owasso.
The city has agreed to a settlement amount of $25,700.00 for the parcel. In
addition to the monetary settlement, the City will approve of the attached variance as written
without further negotiation.
The agent making you this offer may not have authorization to change the amount.
By signing below, you are agreeing_jp the amount listed above:
200 S Main St I 918-376 -1580
PO Box 180 City of Owaiia FAX 916- 376 -f 599
Owasso, OK 74055 A City Of Character www.cilyofowasso.com
AGREED VARIANCE
THE STATE OF OKLAHOMA §
COUNTY OF TULSA §
This Agreed Variance ( "Variance ") is entered into on the day of
2021, by and between THE CITY OF OWASSO ( "the City ") and Chick -fil -A, Inc., a Georgia
Corporation ( "Owner ").
RECITALS:
1. Whereas the City of Owasso has enacted the Owasso Zoning Code (referred to
herein as the "Zoning Code ") which was adopted by Ordinance No. 1131 and
amended by Ordinance No. 1152.
2. Whereas the Subject Property is defined as located at 12015 E 96 " Street North in
Owasso, Oklahoma. It is more particularly described as parcels 3.0 and 3.1 of Lot
Two (2), Block One (1) of Owasso Market 11, a subdivision in the City of Owasso,
Tulsa County, Oklahoma.
3. Whereas Chick- fil -A, Inc., a Georgia corporation (referred to herein as the
"Owner ") owns the Subject Property which is operated as a Chick -fil -A quick
service restaurant (referred to herein as the "Owasso Store ").
4. Whereas the City of Owasso is seeking to obtain, by negotiation or condemnation,
a 1,168.10 square foot permanent right -of -way in fee simple as well as a 1,119.60
square foot temporary construction easement along the East 961 Street North
frontage of the Subject Property (collectively referred to herein as the "Taking ").
5. Whereas the Subject Property is zoned commercial shopping and falls within the
US -169 Overlay District.
6. Whereas Section 10.6.5 of the Zoning Code imposes a 10 -foot building setback
requirement.
7. Whereas the Owasso Store is set back more than 10 feet away from E 961 St. North
and shall remain so after the City's Taking.
8. Whereas Chapter 12 of the Zoning Code establishes parking requirements for
businesses within the City of Owasso.
9. Whereas Table 12.1 of the Zoning Code imposes a requirement of 1 parking space
per 100 square feet of gross building square footage, including outdoor areas for
restaurants with drive -thru lanes.
10. Whereas Chapter 19 of the Zoning Code establish landscaping, screening, and
fencing requirements.
11. Whereas Section 19.3 of the Zoning Code imposes a 10 -foot "street yard"
requirement along with parking lot screening consisting of trees and shrubbery.
12. Whereas the Owasso Store currently has a street yard of approximately 12 feet in
width beyond the City sidewalk.
13. Whereas the City and Owner agree that the Owasso Store is currently in compliance
with all requirements of the Zoning Code.
14. Whereas the City's Taking is approximately six feet wide along the length of the
Street and widens near the entrance to the Subject Property thereby forcing the
Owasso Store into noncompliance with Section 19.3 of the Zoning Code.
15. Whereas Owner has a planned re- investment project (referred to herein as the
"Reinvestment") which will reconfigure the drive -thru lane as well as add
additional building square footage to the Owasso Store.
16. Whereas the Reinvestment, when combined with the City's Taking, will result in a
loss of parking spots and landscaping thus rendering the Owasso Store out of
compliance with the Zoning Code.
17. The Owner of the Subject Property thereby desires a variance from the above -
referenced Zoning Code ordinances and further requests the City to accept non-
exclusive parking spaces outside of the Subject Property for Zoning Code purposes.
NOW, THEREFORE, for and in consideration of the mutual covenants set forth herein, the
parties agree as follows:
1. The City approves a variance (referred to herein as the "Variance ") from Sections 10.6.5, 12.1,
and 19.3 of the Zoning Code in accordance with the following terms:
a. The Subject Property will be subject to a Taking of permanent right -of -way in fee
simple and a temporary construction easement by the City as depicted on the attached
Exhibit "A" which is incorporated herein by reference.
b. Owner of the Subject Property shall not be required to come back in compliance with
Section 10.6.5 after the City's Taking.
c. The Variance from application of the Section 10.6.5 Ordinance to the Subject Property
shall remain in effect as long as a Chick -fil -A restaurant operates on the Subject
Property, including before, during, and after the Reinvestment of the Owasso Store and
no "non- conforming" issues with regard to Section 10.6.5 shall impact Owner's ability
Page 2 of 5
to obtain the necessary permits and /or other governmental approvals for the
Reinvestment.
d. Owner of the Subject Property shall not be required to come back in compliance with
Section 12.1 after the City's Taking. The City agrees to a minimum parking ratio of
5.31 spaces per 1,000 building square feet.
e. The City agrees that Owner may also use non - exclusive parking spaces which may be
located outside of the Subject Property that Owner has in place and /or negotiates with
neighboring entities or property owners as Owner deems necessary in excess of the
parking ratio identified above.
f. The Variance from application of Section 12.1, as illustrated by Table 12.1, of the
Zoning Code to the Subject Property shall remain in effect as long as a Chick -fil -A
restaurant operates on the Subject Property, including before, during, and after the
Reinvestment of the Owasso Store and no "non- conforming" issues with regard to
Section 12.1 shall impact Owner's ability to obtain the necessary permits and /or other
governmental approvals for the Reinvestment.
g. Owner of the Subject Property shall not be required to come back in compliance with
Section 19.3 of the Zoning Code following the City's Taking.
h. The Variance from application of the Section 19.3 Ordinance to the Subject Property
shall remain in effect as long as a Chick -fil -A restaurant operates on the Subject
Property, including before, during, and after the Reinvestment of the Owasso Store and
no "non- conforming" issues with regard to Section 19.3 shall impact Owner's ability
to obtain the necessary permits and/or other governmental approvals for the
Reinvestment.
2. This Variance is binding upon the parties and their respective successors, heirs and assigns.
The parties agree that this Agreement is to be recorded in the Official Public Records of Real
Property of Tulsa County, Oklahoma to provide notice of its terms to all persons dealing with
the Property.
This Variance may be executed in any number of counterparts on different dates, each of
which shall be deemed to be an original, and all of such counterparts shall constitute one Variance.
Page 3 of 5
I hereby certify that, as
was approved by
DATED, this the _ day of
of the City of Owasso, this Agreed Variance
2021.
City of Owasso
Signature
Print Name
Title
THE STATE OF OKLAHOMA §
COUNTY OF TULSA §
BEFORE ME, the undersigned notary public, on this day personally appeared,
of the City of
Owasso known to me to be the person whose name is subscribed to this instrument, and
acknowledged to me that he /she executed the same for the purpose and in the capacity herein
expressed.
SUBSCRIBED AND SWORN TO BEFORE ME on this the _ day of
2021, to certify which witness my hand and official seal.
[seal] Notary Public — State of Oklahoma
Page 4 of 5
AGREED AND APPROVED:
CHICK- FIL -A, INC.
'Signature
Print Name
Title
THE STATE OF GEORGIA
COUNTY OF
BEFORE ME, the undersigned notary public, on this day personally appeared,
known to me to be the persons whose name are
subscribed to this instrument, and acknowledged to me that they executed the same for the purpose
and in the capacity herein expressed.
SUBSCRIBED AND SWORN TO BEFORE ME on this the 2-8 day of
2021, to certify which witness my hand and official seal.
Page 5 of 5
A
PROPOSED PERMANENT RIGHT OF WAY EXHIBIT
PARCEL 3.0
OWASSO
POINT OF COMMENCEMENT
SW Corner Lot 2 BlocK I N
Owosso Market II
LINE TABLE
POINT OF BEGINNING J tp
5' U E
EAST 96TH STREET SOUTH
Ll
NORTH 88 °45'38" EAST
20.00'
L2
NORTH 88 045'38" EAST
160.34'
L3
NORTH 01 014'22" WEST
6.00'
L4
SOUTH 88 045'38" WEST
140.08'
L5
NORTH 46 007'05" WEST
28.71'
L6
SOUTH 01 °14'22" EAST
26.34'
Basis of Bearing: GRID
50' 0 50' 100'
SCALE FEET
1" = 50'
CURRENT OWNERSHIP
CHICK — FIL —A, INC.
SPECIAL WARRANTY DEED
DOCUMENT NUMBER 2005104096
PROPOSED PERMANENT RIGHT OF WAY EXHIBIT
PARCEL 3.0
Parcel 3.0 Legal Description, Permanent Right —of —Way
A tract of land being a part of Lot Two (2), Block One (1) of Owasso Market Il,
a subdivision in the City of Owosso, Tulsa County, State of Oklahoma, said tract
of land being described as follows. COMMENCING at the Southwest Corner of said
Lot 2, thence North 884538" East along the South line of said Lot 2 for 20.00
feet to a point on the East line of an existing 20 —foot Mutual Access Easement
as shown on the face of said plot and the POINT OF BEGINNING; thence
continuing North 88'45'38" East along said South line of Lot 2 for 160.34 feet;
thence North 017422" West for 6.00 feet; thence South 884538" West and
parallel with said South line of Lot 2 for 140.08 feet, thence North 4607'05"
West for 28.71 feet to a point on said East line of the existing 20 —foot Mutual
Access Easement; thence South 01'1422" East along said East line of the
existing 20 —foot Mutual Access Easement for 26.34 feet to the POINT OF
BEGINNING of said tract of land. Said described tract contains 1168 Square Feet
or 0.027 Acres, more or less.
SURVEYOR'S CERTIFICA RON.
1, Charles D. Cahill, Professional Land Surveyor No. 1470
in and for the State of Oklahoma, do hereby certify that
I or those under my direct supervision have performed a
careful survey of the property as shown by the annexed
plot. l further certify that this survey meets or exceeds
the Oklahoma Minimum Standards for Land Surveying as
adopted by the Oklahoma State Board of Registration for
Engineers and Land Surveyors.
PROPOSED PERMANENT RIGHT OF WAY EXHIBIT
CLOSURE REPORT
PARCEL 3A
No RULE - Balanced Angles
Coordinates Delta
N 477811.3870 0.0000
E 2604853.5840
N 477814.8552 0.0000
E 2605013.8865
N 477820.8538 0.0000
E 2605013.7567
N 477817.8238 0.0000
E 2604873.7095
N 477837.7248 0.0000
E 2604853.0162
N 477811.3910 0.0000
E 2604853.5860
Angular error
= 0 -00 -00
RAW TRAVERSE
= 0 -00 -00 Under
Point
Coordinates
Error East .
1
N 477811.3870
0.0045
Error Direction : S 25 -42 -36 W
E 2604853.5840
N
88 -45 -38 E
Dist. 160.3400
Number of sides :
2
N 477814.8552
: 1168.1 sq. ft. , 0.0268 Acres
E 2605013.8865
N
01 -14 -22 W
Dist: 6.0000
3
N 477820.8538
E 2605013.7567
S
88 -45 -38 W
Dist. 140.0800
4
N 477817.8238
E 2604873.7095
N
46 -07 -05 W
Dist:28.7100
5
N 477837.7249
E 2604853.0162
S
01 -14 -22 E
Dist :26.3400
1
N 477811.3910
E 2604853.5860
No RULE - Balanced Angles
Coordinates Delta
N 477811.3870 0.0000
E 2604853.5840
N 477814.8552 0.0000
E 2605013.8865
N 477820.8538 0.0000
E 2605013.7567
N 477817.8238 0.0000
E 2604873.7095
N 477837.7248 0.0000
E 2604853.0162
N 477811.3910 0.0000
E 2604853.5860
Angular error
= 0 -00 -00
Angular error /set
= 0 -00 -00 Under
Error North .
- 0.0040
Error East .
- 0.0019
Absolute error :
0.0045
Error Direction : S 25 -42 -36 W
Perimeter :
361.4700
Precision :
1 in 80955.7726
Number of sides :
5
Area
PROPOSED TEMPORARY CONSTRUCTION
EASEMENT EXHIBIT
PARCEL 3.1
17.5' U/E
POINT OF BEGINNING
SW Corner Lot 2 Block 1
Owosso Market H
LINE TABLE
w 5 MARKET II 3
w 0 W AS 0 Lo 2 0
O 50' B/L
175'U E
C EAST 96TH STREET SOUTH
L1
NORTH 01 014'22" WEST
30.00'
L2
NORTH 88 045'38" EAST
50.24'
L3
SOUTH 01014'22" EAST
24.00'
L4
SOUTH 88 °45'38" WEST
9.99'
L5
NORTH 46 °07'05" WEST
28.71'
L6
SOUTH 01 014'22" EAST
26.34'
L7
SOUTH 88 °45'38" WEST
20.00'
Basis of Bearing: GRID
50' 0 50' 100'
SCALE FEET
I" = 50'
0
CURRENT OWNERSHIP
CHICK — FIL —A, INC.
SPECIAL WARRANTY DEED
DOCUMENT NUMBER 2005104096
R 14 E
PROPOSED TEMPORARY CONSTRUCTION
LEGAL DESCRIPTION
PARCEL 3.1
Parcel 3.1 Legal Description, Temporary Construction Easement
A tract of land being a part of Lot Two (2), Block One (1) of Owasso Market U, a
subdivision in the City of Owasso, Tulsa County, State of Oklahoma, said tract of
land being described as follows: BEGINNING at the Southwest Corner of said Lot 2,•
thence North 017422" West along the West line of said Lot 2 for 30.00 feet;
thence North 884538" East and parallel with the South line of said Lot 2 for 50.24
feet; thence South 01'1422" East and parallel with said West line of Lot 2 for 24.00
feet; thence South 8845'38" West and parallel with said South line of Lot 2 for
9.99 feet, thence North 4607'05" West for 28.71 feet to a point on the East line
of an existing 20 —foot Mutual Access Easement as shown on the face of said plot,
thence South 017422" East along said East line of the existing 20 —foot Mutual
Access Easement for 26.34 feet to a point on said South line of Lot 2; thence
South 884538" West along said South line of Lot 2 for 20.00 feet to the POINT OF
BEGINNING of said tract of land. Said described tract contains 1120 Square Feet or
0.026 Acres, more or less.
SURVEYOR'S CER7IFICA77ON.
I, Charles D. Cahill, Professional Land Surveyor No. 1470
in and for the State of Oklahoma, do hereby certify that
I or those under my direct supervision have performed a
careful survey of the property as shown by the annexed
plat. l further certify that this survey meets or exceeds
the Oklahoma Minimum Standards for Land Surveying as
adopted by the Oklahoma State Board of Registration for
Engineers and Land Surveyors.
Charles;h c
D Cahilln A
cer
1470 do
rveyor's signature is not
d' the plan is a copy
d be assumed to contair
ad alterations. The
n contained on this
shall not apply to any
DATED: ))/0-//Z00
LEMKE LAND SURVEYING, LLC
PROPOSED TEMPORARY CONSTRUCTION
EASEMENT CLOSURE EXHIBIT
PARCEL 3.1
No RULE - Balanced Angles
Coordinates Delta
N 477810.9544 0.0000
E 2604833.5887
N 477840.9474 0.0000
E 2604832.9398
N 477842.0341 0.0000
E 2604883.1680
N 477818.0397 0.0000
E 2604883.6872
N 477817.8236 0.0000
E 2604873.6995
N 477837.7247 0.0000
E 2604853.0062
N 477811.3908 0.0000
E 2604853 5760
N 477810.9582 0.0000
E 2604833.5807
Angular error
= 0 -00 -00
Angular error /set
RAW 7RAVERSE
Error North .
Point
Error East :
Coordinates
Absolute error :
1
Error Direction : S 64 -33 -42 E
N 477810.9544
189.2800
Precision :
1 in 21178.1739
E 2604833.5887
N
01 -14 -22
W
Dlst:3D.0000
2
N 477840.9474
E 2604832.9398
N
88 -45 -38
E
Dist :50.2400
3
N 477842.0341
E 2604883.1680
S
01 -14 -22
E
Dist.-24.0000
4
N 477818.0397
E 2604883.6872
S
88 -45 -38
W
Dist:9.9900
5
N 477817.8236
E 2604873.6995
N
46 -07 -05
W
Dist:28.7100
6
N 477837.7247
E 2604853.0062
S
01 -14 -22
E
Dist:26.3400
7
N 477811.3908
E 2604853.5760
S
88 -45 -38
W
Dist:20.0000
1
N 477810.9582
E 2604833.5807
No RULE - Balanced Angles
Coordinates Delta
N 477810.9544 0.0000
E 2604833.5887
N 477840.9474 0.0000
E 2604832.9398
N 477842.0341 0.0000
E 2604883.1680
N 477818.0397 0.0000
E 2604883.6872
N 477817.8236 0.0000
E 2604873.6995
N 477837.7247 0.0000
E 2604853.0062
N 477811.3908 0.0000
E 2604853 5760
N 477810.9582 0.0000
E 2604833.5807
Angular error
= 0 -00 -00
Angular error /set
= 0 -00 -00 Under
Error North .
- 0.0038
Error East :
0.0081
Absolute error :
0.0089
Error Direction : S 64 -33 -42 E
Perimeter :
189.2800
Precision :
1 in 21178.1739
Number of sides :
7
Area
: 1119.6 sq. ft. , 0.0257 Acres
LEMKE LAND SURVEYING, LLCM N/A Project; pROpO6Ep 7pipORARY CONSTRUCTION Sheet
East 96 St N Improvements - Land Acquistion
Chick -Fil -A
09/23/2021
This map may represents a visual display of related geographic information" Data provided hereon is no: guararree of acutual field conditions. To be sure of wmple *e accuracy, please contactthe
responsible staff forrn ost up-to-date in;onnation-
CITY OF OWASSO
GENERALFUND
PAYROLL PAYMENT REPORT
PAY PERIOD ENDING 09125121
Department Payroll Expenses Total Expenses
105
Municipal Court
5,795.10
9,256.47
110
Managerial
24,591.19
34,143.91
120
Finance
21,469.75
32,741.91
130
Human Resources
10,177.45
15,142.18
160
Community Development
19,907.94
30,967.56
170
Engineering
19,823.01
30,866.12
175
Information Systems
18,285.80
27,892.00
181
Support Services
9,623.74
14,727.10
190
Cemetery
1,484.88
3,028.03
201
Police Grant Overtime
5,927.30
5,991.22
215
Central Dispatch
2,523.44
3,782.48
221
Animal Control
4,341.52
6,470.95
280
Emergency Preparedness
2,640.95
3,652.73
370
Stormwater /ROW Maint.
7,638.89
12,737.93
515
Park Maintenance
7,962.04
12,464.64
520
Culture /Recreation
9,878.20
16,597.41
550
Community- Senior Center
6,663.68
8,854.55
580
Historical Museum
764.40
853.44
710
Economic Development
4,794.14
7,269.14
720
Strong Neighborhood
365.20
561.04
General Fund Total
184,658.62
278 000.81
185 Garage Fund Total 10 150.21 17 019.02
255 Ambulance Fund Total 553.85 618.38
215 E911 Communication 22,398.22 35 603.47
250 Fire Fund 37 Total 209,743.20 315,213.80
201 Police Fund 38 Total 200,275.53 304 976.48
300 Streets Fund 39 Total 20,152.21 34 599.76
370 Stormwater Fund 27 Total 5,011.93 8 461.19
150 Worker's Compensation Total 5,487.29 6,519.67
720 Strong Neighborhoods Total 4,591.61 6,854.66
CITY OF OWASSO
HEALTHCARE SELF INSURANCE FUND
CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 9/30/21
VENDOR DESCRIPTION
AETNA HEALTHCARE MEDICAL SERVICE
HEALTHCARE MEDICAL SERVICE
HEALTHCARE MEDICAL SERVICE
STOP LOSS FEES
HEALTHCARE DEPT TOTAL
DELTA DENTAL DENTAL MEDICAL SERVICE
DENTAL MEDICAL SERVICE
DENTAL DEPT TOTAL
VSP ADMIN FEES
ADMIN FEES
VISION DEPT TOTAL
HEALTHCARE SELF INSURANCE FUND TOTAL
AMOUNT
76,186.14
69,062.03
75,035.86
3,224.34
223,508.37
6,122.17
10,327.71
16,449.88
71.19
1,454.28
1,525.47
241,483.72
OPERATING AGREEMENT FOR DETENTION SERVICES BETWEEN
CHEROKEE NATION AND CITY OF OWASSO
This Operating Agreement for Detention Services (the "Agreement ") is entered into by and
between the City of Owasso, Oklahoma, an Oklahoma Municipal Corporation and political
subdivision of the State of Oklahoma (the "CITY "), and the Cherokee Nation ( "NATION "), a
federally recognized Indian tribe.
WHEREAS, the CITY, by and through its Police Department ( "Department "), currently
operates and maintains the Owasso City Jail ( "Jail ") located at 111 North Main Street, Owasso,
Oklahoma; and
WHEREAS, the CITY, as a political subdivision of the State of Oklahoma, and the
NATION are authorized pursuant to OKLA. STAT. tit. 74, § 1221 (D)(1); Sections 2, 11, and 17 of
the Law Enforcement Agreement Between and Among the Cherokee Nation, The United States of
America, the State of Oklahoma and its Political Subdivisions, Boards of County Commissioners
and Various Law Enforcement Agencies; and the Memorandum of Agreement between the
Cherokee Nation and the State of Oklahoma, June 8, 1992, to enter into this Agreement for the
detention of Tribal Inmates in custody for violation of the Nation's criminal laws; and
WHEREAS, the CITY and the NATION desire to work together to provide for the
detention of the Nation's Tribal Inmates, as defined herein.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties
agree as follows:
ARTICLE 1
Definitions
The terms used in this Detention Agreement, except as otherwise defined herein, shall have
the following meanings. Otherwise, the words, terms and phrases herein shall be given their
ordinary meaning.
1.1 Tribal Detainee. The term "Tribal Detainee" means any detainee held at the Jail for
prosecution of a crime by the Nation.
1.2 Tribal Prisoner. The term "Tribal Prisoner" means any Indian sentenced by the
Nation for a term of imprisonment in the Owasso City Jail.
1.3 Tribal Inmate. The term "Tribal Inmate" includes both Tribal Detainee and Tribal
Prisoner.
1.4 Police Chief. The term "Police Chief' means the Chief of Police of the Owasso
Police Department, or his or her designee, including Jail personnel.
12329045;}
Operations
The parties agree that the operation of the Jail shall be in accordance with the following
terms and conditions:
2.1 Operation and Maintenance of the Jail. The Police Chief is responsible for the day -
to -day operations and maintenance of the Jail pursuant to the standardsfor jail operation prescribed
by Oklahoma law.
2.2 Operational Control. The Police Chief shall have exclusive authority for the
operational control of the Jail and shall have absolute control over Tribal Inmates while in the Jail.
The NATION agrees that no action affecting any inmates, detainees or prisoners in the Jail shall
be taken by NATION personnel contrary to the orders or direction of the Police Chief.
2.3 Intake /Booking. The Police Chief shall accept into the Jail all Tribal Inmates
subject to the terms and conditions set forth in this Agreement. Notwithstanding the foregoing, the
Police Chiefretains the right to refuse Tribal Inmates when the acceptance of Tribal Inmates would
cause the Jail to exceed its holding capacity. Additionally, the Police Chief reserves the right to
refuse to accept any Tribal Inmate into the Jail who, in the Police Chiefs judgment, requires
immediate medical attention. The Police Chief is responsible for all booking functions relating to
the Jail. Jail personnel will use the Cherokee Nation Originating Registering Identifier (ORI) when
booking Tribal Inmates.
2.4 NATION Access to Jail. The NATION'S law enforcement officers, in pursuance of
their official duties, as approved by the NATION and as approved by the Police Chief, shall be
permitted to enter the Jail at any and all hours for the purpose of conducting official business in
the course of the investigative process, including, but not limited to, taking custody and /or
removing Tribal Inmate as necessary for official investigations. The NATION assumes
responsibility and liability for such Tribal Inmates until their return to the Jail.
2.5 Court Appearances. NATION shall give the Police Chief twenty -four (24) hour
notice in advance of any scheduled appearance of a Tribal Inmate in Court. It shall be the
responsibility of Nation to pick -up and receive custody of a Tribal Inmate due in Court. Subject to
availability, the Police Chief agrees to make available to NATION video and/or audio technology
for conducting remote court appearances; however, any such use of the aforementioned technology
shall not interfere with, and shall be secondary to, use of said technology by the Jail, the City of
Owasso, and the State of Oklahoma for conducting official business of the City and /or State of
Oklahoma. The parties shall cooperate with one another to synchronize the smooth transport and
movement of Tribal Inmates to accommodate the Court's calendar and the day -to -day operations
of the Jail. The NATION assumes responsibilityand liability for such Tribal Detainees under their
custody.
2.6 Bonds. No Tribal Inmate shall be released on bail except by notice from the
Cherokee Nation District Court transmitted to the Police Chief in proper form; or by posting cash
or surety bond at the Jail under the Jail's current procedures and pursuant to the NATION's bond
schedule or the bond listed on the Tribal Inmate's arrest warrant. As of the effective date of this
(2329045;}
2
this Agreement, the Cherokee Nation Bond Schedule to be followed by CITY is attached as
Exhibit A. The parties acknowledge that the current Cherokee Nation Bond Schedule is subject
change, consistent with the laws of the NATION. Should any such change occur, the NATION
will notify the CITY and provide a new Cherokee Nation Bond Schedule. The Police Chief shall
electronically submit copies of any surety bonds to the Cherokee Nation District Court Clerk. The
Police and the NATION's Marshal Service shall develop a mutually agreeable process for the
transfer of cash bonds from the Jail to the NATION.
2.7 Release. The Police Chief may release Tribal Inmates from his custody under the
circumstances described in Sections 2.4, 2.5, and 2.6 above, or pursuant to an Order of Release
signed by a District Judge of the NATION transmitted to the Police Chief in proper form.
2.8 Inmate Medical Expenses. With specific reference to Tribal Inmate medical
expenses, the parties agree:
A. If a person is injured during the course of an arrest by the NATION's law enforcement,
the City will not be responsible for paying any medical costs relating to such injury.
After a Tribal Inmate has been medically screened and accepted for custody bythe
Police Chief, the CITY shall not be responsible for any medical expenses for services
rendered by an outside provider. City and NATION agree that in the event a Tribal
Inmate requires emergency medical care not available within the Jail, the Tribal Inmate
may be sent outside the Jail in the same manner the Police Chief would send a non-
Tribal Inmate outside the Jail for emergency medical care. Neither the Police nor the
Nation are responsible for payment for medical services provided outside of the Jail. This
Agreement recognizes no party to the Agreement shall be liable for payment of medical costs
relating to any pre- existing medical condition consistent with OKLA. STAT. TIT. 19, § 746.
B. In the event a Tribal Inmate requires emergency medical attention, the Police Chief will
make reasonable efforts to transport the Tribal Inmate to an Indian Health Service (IHS)
emergency medical facility. A listing of IHS and Tribal Health Care Facilities in Eastern
Oklahoma is hereby incorporated into this Agreement and attached hereto as Exhibit
"B." All facilities listed in Attachment `B" will provide medical care at no cost to
American Indians and Alaska Natives who belong to federally recognized tribes.
However, the Police Chief retains the ultimate discretion to transport Tribal Inmates to
a medical facility not operated by HIS or Tribal Health Care.
C. The Police Chief will notify the Cherokee Nation Marshal or his/her designee within 24
hours of any medical transport to any non - Nation or non - tribal facility.
D. This Agreement between the parties with regard to Tribal Inmate medical expenses
exists solely and exclusively for the benefit and convenience of the parties; the terms
of this Agreement shall not be construed to create any legal right allowing enforcement
of its terms for the benefit of any Tribal Inmate or, otherwise establish any Tribal
Inmate, any third party or any medical care provider as a beneficiary of this Agreement.
2.9 Fees for Housing and Transporting of Tribal Inmates. For the housing of its Tribal
Inmates, NATION agrees to pay the CITY a daily rate per inmate of fifty -four dollars ($54.00) per
day /per inmate (the "Daily Rate "). Said Daily Rate shall be paid for every whole day and for any
period of time less than a whole day (known as a "Partial Day ") spent by a Tribal Inmate in the
{2329045;1
3
Jail, commencing upon the Tribal Inmate's booking /intake at the Jail and terminating upon the
Tribal Inmate's release from the Jail. Whole days shall consist of twenty -four hour time periods.
Partial Days shall be determined and paid as follows: Less than twelve (12) hours, the cost shall
be one -half (1/2) the Daily Rate or twenty -seven dollars ($27.00); periods twelve or more hours
but less than twenty -four (24) hours, the cost shall be forty dollars ($40.00). Time shall be
determined by calculating the total in jail time (calculated from booking time to release time)
divided by 24. For transportation required or requested outside of the jail, NATION agrees to pay
CITY the hourly rate of $30.00 per office for regular hours, and the hourly rate of $45.00 per guard
for overtime hours, plus mileage reimbursement at the General Services Administration (GSA)
Federal Travel Regulation Mileage Rate. Other than for emergency medical services, CITY will,
when feasible, coordinate transportation responsibilities with the Cherokee Nation Marshal
Service. This Agreement shall not obligate the City to transport a Tribal Inmate for anything other
than emergency medical services.
On a monthly basis, the Police Chief shall provide the NATION with an invoice showing the name
of each Tribal Inmate included in the invoice, the date and time such inmate was incarcerated at
the Jail, the date and time such inmate was released from the Jail, and the number of days charged
to the NATION for such Tribal Inmate. The NATION shall pay the full invoice amount within
forty -five (45) days after it is deliveredto the Nation; provided however, in the event that the
Nation disputes the amount of the invoice, the NATION shall pay that amount of the invoice not
disputed by the NATION and notify the CITY in writing within forty -five (45) days after the
invoice is received of the amounts and basis for the dispute pursuant to the Notice provisions in
Section 5.3. Other than invoice amounts disputed by NATION and pursuant to the foregoing
process, delinquent invoice amounts will accrue interest at the rate of one and one -half percent
(1'/2 %) per month or eighteen percent (18 %) per annum.
The Police Chief will transmit a daily list of Tribal Detainees being held on NATION charges to the
Cherokee Nation Office of the Attorney General via email CNAG- Criminal u.clierokee.ore. The
list shall include the name, date of birth, and charge on which the Tribal Detainee is being held.
The NATION will not be responsible for charges for detainees who are not included on the daily
list.
2.10 Monthly Invoicing. The CITY shall invoice NATION on a monthly basis all costs
associated with the housing of its Tribal Inmates in the Jail. Invoices shall be sent to: Cherokee
Nation Marshal Service P.O. Box 948, Tahlequah, OK 74465
2.11 Protection of Confidential Information. The Police Chief acknowledges that in the
course of performing the CITY's obligations under this Agreement, the CITY will be provided
with Confidential Information of the Nation or the Tribal Inmates. For purposes of this Agreement,
"Confidential Information" shall mean information in any form that the NATION or the Tribal Inmates own
or possess, use or that is potentially useful, that the NATION treats as proprietary, private, or confidential,
and that is not generally known to or shared by the NATION with the public. The Confidential Information
includes, but is not limited to, all information relating to the NATION's existing and contemplated affairs,
operating systems, facility components and technology, Tribal Inmates protected health information or
personally - identifiable information, and financial information of any nature. The CITY agrees that it does
not acquire because of this Agreement any ownership, right, or interest in or with respect to the NATION
or Tribal Inmates' Confidential Information, including any information derived from the Confidential
Information.
(2329045;1
4
Subject to the Oklahoma Open Records Act, 51 O.S. §24A. I, et seq., the CITY shall be responsible
for protecting any Confidential Information provided to them by the NATION and agrees to take
reasonable steps, including the maintenance of appropriate policies, practices and procedures, to
protect the Confidential Information from unauthorized disclosure. This includes, but is not limited
to, compliance with the Health Insurance Portability and Accountability Act ( "HIPAA "). The
NATION recognizes that the CITY may, under certain circumstances, need to or be required to share
Confidential Information with its contractors or others in the course of performing its obligations
under this Agreement. The CITY may do so to the extent such sharing is necessary and reasonable
under the circumstances. For example, the NATION recognizes that disclosure of a Tribal Inmate's
protected health information may be necessary in order to provide the Tribal Inmate with necessary
medical care from a third -party medical provider.
2.12 Arrest and Detention of Tribal Inmates. The parties agree that only those police
officers employed by the CITY and functioning as Cherokee Marshals may utilize the Jail to detain
Tribal Inmates.
2.13 Maximum Holding Time of Tribal Inmates and Transportation of Felons to Rogers
County Detention Facility. The parties acknowledge that the maximum holding time for Tribal
Inmates is three (3) days from the time of arrest. Should the Cherokee Nation Marshal Service fail
to transport the Tribal Inmate or should the Tribal Inmate fail to post bond during this time, the
Tribal Inmate shall be released. In the sole discretion of the Police Chief, Tribal Inmates arrested
for felony offenses may be transported directly to the Rogers County Detention Facility.
V.11 tv r_ to] aW
Limited Waiver of Sovereign Immunity. Venue. Jurisdiction.
3.1 Sovereignty. The NATION is a sovereign nation and enjoys the full privileges of
a sovereign's immunity from suit, as recognized by Congress and the United States Supreme
Court. Execution of this Agreement shall not be construed to be a waiver of sovereign immunity
other than as expressly set forth in Sections 3.2 and 3.3 below.
32 Limited Waiver of Sovereign Immunity_ The NATION hereby agrees to a limited
waiver of sovereign immunity solely with respect to claims for monies owed arising directly from
Sections 2.8, 2.9 and 2.10 of this Detention Agreement ( "Invoice Disputes "). The remedy for any
claim arising directly from Invoice Disputes shall be limited to monies owed and, if applicable,
interest pursuant to Section 3.3 below, but shall not include any other type of remedy or damages,
including, but not limited to, punitive damages. The NATION expressly declines to waive
sovereign immunity with respect to any other claim or term of this Detention Agreement. Nothing
in this Detention Agreement shall create any rights or causes of action with respect to any third
parties and the NATION expressly declines to waive sovereign immunity as to any non -party to
this Detention Agreement.
33 Invoice Disputes. In the event of a disputed amount pursuant to Sections 2.8, 2.9
or 2.10 above, the Police Chief shall investigate the disputed amount(s) and provide a response,
affirming or correcting the disputed amount to the NATION within ten (10) business days of
receipt of notice as set forth in Section 2.9. Further, the parties shall confer to attempt to resolve
the disputed amount. If resolved prior to mediation, no interest will accrue to any disputed
{2329045;1
amount(s) and payment for any amount will be made within ten (10) business days of resolution.
If the parties are unable to reach a resolution within thirty (30) days of the Police Chief's response
to any disputed amount(s), the parties shall attempt to resolve the dispute through non - binding
mediation and NATION shall bear 50% of the cost of such mediation and the CITY shall bear the
remaining 50 %. If it is determined by the Mediator that any disputed amounts were properly
invoiced, and if the parties unanimously agree to the Mediator's determination, such disputed
amounts will accrue interest at the rate of one and one -half percent (1 1/2 %) per month or eighteen
percent (18 %) per annum from the date of the original invoice. Any party, however, may
unilaterally reject the Mediator's determination. The parties prefer to mediate the dispute through
Dispute Resolution Consultants, Inc. located at 1602 South Main Street, Tulsa, Oklahoma, 74119.
If the parties are unable to reach a resolution either prior to mediation or through non - binding
mediation as set forth in this Section 3.3, any party may bring suit to recover for monies owed in
accordance with Section 3.2. The NATION consents to suit in accordance with Section 3.2 in the
United States District Court for the Northern District of Oklahoma. The Nation expressly does not
consent to suit in any other state or federal district court.
This agreement between the parties shall not be construed to create or diminish the legal rights or
remedies that any individual may have against either party. The parties understand that the function
of detention, incarceration, and bail are pursuant to Cherokee Nation law.
ARTICLE 4
Termination of Agreement and Amendments
4.1 Duration of Agreement and Amendments. Unless terminated earlier as provided
below, the term of this Agreement shall be effective from October 1, 2021, upon the final required
signature of all parties and through September 30, 2022. This Agreement may be renewed by the
parties on an annual basis and consistent with the Cherokee Nation fiscal year, that is, October 1
through September 30, unless a notice of termination is given consistent with Section 4.2 below.
4.2 Termination. Either party may terminate this Agreement for any reason upon
giving 90 days written notice, delivered by certified mail to the other party. Additionally, other
forms of written communication, including email, are effective to cancel this agreement if consent
to termination is evidenced in writing by all signatories of both parties.
ARTICLE 5
Miscellaneous Provisions
5.1 The parties shall each be responsible for their own negligence or intentional acts
with respect to their actions or inactions in connection with this Agreement.
5.2 If any term of this Agreement is held by a court of competent jurisdiction to be
invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in
full force and effect as if such invalid or unenforceable term had never been included.
5.3 Notice. Any notices required or permitted to be given hereunder shall be given in
{2329045;1
writing and shall be delivered (a) by certified mail, postage prepaid, return receipt requested, or
(b) by a commercial overnight courier that guarantees next day delivery and provides a receipt,
and such notices shall be addressed as follows:
If to Nation: Marshal
Shannon Buhl
P.O. Box 948
Tahlequah, OK
74465
With a Copy: Rebecca Mitchell, C.P.M.
Director of Acquisition Management
P. O. Box 948
Tahlequah, OK 74465
If to City: City Manager
Warren Lehr
200 South Main Street
Owasso, OK 74055
And
City Attorney
Julie Lombardi
200 South Main Street
Owasso, OK 74055
From time to time, any party may designate another address for all purposes of this Agreement by
giving to the other parties not less than ten (10) days advance written notice of such change of
address in accordance with the provisions hereof. The failure or refusal of a party to accept receipt
of a notice hereunder shall in no manner invalidate the notice.
5.4 THIS AGREEMENT REPRESENTS THE ENTIRE UNDERSTANDING
BETWEEN THE PARTIES WITH RESPECT TO ITS SUBJECT MATTER AND MERGES
ALL PRIOR WRITTEN AND ORAL COMMUNICATIONS. THIS AGREEMENT MAY NOT
BE MODIFIED EXCEPT BY A WRITTEN AGREEMENT SIGNED BY AUTHORIZED
REPRESENTATIVES OF ALL PARTIES. A WAIVER BY A PARTY OF ITS RIGHTS
HEREUNDER SHALL NOT BE BINDING UNLESS CONTAINED IN A WRITTEN
AGREEMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE PARTY
WAIVING ITS RIGHTS. THE NON - ENFORCEMENT OR WAIVER OF ANY PROVISION
ON ONE OCCASION SHALL NOT CONSTITUTE A WAIVER OF SUCH PROVISION ON
ANY OTHER OCCASIONS UNLESS EXPRESSLY SO AGREED IN WRITING.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the
dates set forth immediately below. Parties may at any time amend this agreement in writing with
all signatories of both parties.
12329045;1
7
Shannon Buhl, Director, Date
Marshal Service
AGREEMENT is approved and accepted this 5ch day of October, 2021, by:
CITY OF OWASSO:
Bill Bush, Mayor
Dan Yancey, Chief of Police
/IIWyUM
Juliann M. Stevens, City Clerk
Approved as to Form:
Julie Lombardi, City Attorney
(2329045;)
EXHIBIT "A"
CHEROKEE NATION BOND
SCHEDULE
NO BOND Any person accused of or detained for any of the following offenses must be brought
before a magistrate within 36 hours of arrest for bond hearing (21 CNCA § 1115.5)
*DOMESTIC ASSAULT AND BATTERY (includes with dangerous weapon, aggravated,
strangulation and in the presence of minor children and other heightened degrees of Dom
A &B)
*SHOOTING WITH INTENT TO KILL
*VIOLATION OF PROTECTIVE ORDER
*STALKING
*AGGRAVATED DUI of an intoxicating substance
*POSSESSION OF SCHEDULE I OR II CDS
*TRAFFICKING DRUGS (includes Oklahoma, Federal and Tribal Trafficking in Illegal
Drug Acts)
*ANY PERSON POSSESSING A VIOLENT FELONY CONVICTION in the last 10 years
*ANY PERSON HAVING 2 OR MORE PRIOR FELONY CONVICTIONS
*APPEAL BOND
*PERSON ON PROBATION, PRETRIAL RELEASE ARRESTED FOR NEW OFFENSE
*ARSON FIRST DEGREE (includes attempts in the first degree)
• ASSAULT AND BATTERY ON A POLICE OFFICER
• BAIL JUMPING in any jurisdiction of the U.S.
*BRIBERY OF A PUBLIC OFFICIAL
*ROBBERY BY FORCE OR FEAR
*ROBBERY W/FIREARM OR DANGEROUS WEAPON DURING COMMISSION OF
CRIME
*BURGLARY- FIRST OR SECOND DEGREE
*POSSESSION OF STOLEN VEHICLE
*DISTRIBUTION OF CDS (includes sale of possession of CDS w /intent to distribute or
conspiracy to distribute)
*MANUFACTURE OF CDS
*DUI INVOLVING PERSONAL INJURY OR PROPERTY DAMAGE
*POSSESSION OF FIREARM /OTHER OFFENSIVE WEAPON DURING
COMMISSION OF CRIME
*RECKLESS CONDUCT WHILE POSSESSING A FIREARM
*SEX OFFENSES
RAPE- FIRST AND SECOND DEGREE includes attempts
LEWD OR INDECENT PROPOSALS TO CHILD UNDER 18
SEXUAL BATTERY
*SEXUAL ASSAULT OR VIOLENT OFFENSES AGAINST CHILDREN
*BIGAMY
*INCEST
*CRIMES AGAINST NATURE
*INDECENT EXPOSURE
*OBSCENE MATERIAL -CHILD PORN
(2329045;)
*SOLICITATION OF MINORS
*ENGAGING IN PROSTITUTION
*KIDNAPPING
*EXPLOSIVE DEVICE - possession, manufacture, use or delivery of FOUL, POISONOUS,
OFFENSIVE OR INJURIOUS SUBSTANCE
MAJOR CRIMES (18 USCA 1t� 153)
NO BOND CONT.
*MURDER
*MANSLAUGHTER
*KIDNAPPING
*MAIMING
*ASSAULT OF CHILD UNDER THE AGE OF 16
*FELONY CHILD ABUSE AND NEGLECT
*ARSON
*BURGLARY
*ROBBERY
*INCEST
*AGGRAVATED SEXUAL ABUSE
*SEXUAL ABUSE
*SEXUAL ABUSE OF A MINOR
*ABUSIVE SEXUAL CONTACT
*OFFENSES RESULTING IN DEATH
*ASSAULTS WAN MARITIME
ASSAULT AND BATTERY
$1,000
SURETY BOND
PUBLIC INTOXICATION
$228.40
CASH BOND
POSSESSION OF PARAPHERNALIA
$1,000
SURETY BOND
RESISTING ARREST
$1,500
SURETY BOND
TRANSPORTING AN OPEN CONTAINER
$338.90
CASH BOND
DRIVING UNDER THE INFLUENCE
$2,500
SURETY BOND
RECKLESS DRIVING or OTHER DRIVING OFFENSE
$477.40
CASH BOND
BREAKING AND ENTERING
$1,500
SURETY BOND
LARCENY/ EMBEZZLEMENT OF $500 or MORE
$2,500
SURETY BOND
PETTY LARCENY/ EMBEZZLEMENT UNDER $500
$1,500
SURETY BOND
MALICIOUS INJURY TO PROPERTY
$1,500
SURETY BOND
{2329045;}
10
INDIAN HEALTH SERVICE AND TRIBAL HEALTHCARE
FACILITIES IN EASTERN OKLAHOMA
AMO Salina Community Clinic; Salina OK
Carl Albert Indian Hospital; Ada OK
Bartlesville Clinic; Bartlesville OK
Chickasaw Nation Health Clinic; Ardmore OK
Chickasaw Nation Health Center; Tishomingo OK
Choctaw Nation Health Center; Broken Arrow OK
Choctaw Nation Health Services; Talihina OK
Claremore Indian Hospital; Claremore OK
Hugo Health Center; Hugo OK
McAlester Health Center; McAlester OK
Muscogee Creek Nation dba Eufaula Indian Health Center; Eufaula OK
Muscogee Creek Nation dba Okmulgee Indian Health Center; Okmulgee OK
Muskogee Wellness Center; Muskogee OK
Nowata Primary Care Clinic; Nowata OK
Okemah Indian Health Center; Okemah, OK
PHS Indian Health Center; Miami OK
PHS Indian Health Center; Wewoka OK
Redbird Smith Health Center; Sallisaw OK
Sam Hider Jay Community Clinic; Jay OK
Sapulpa Health Center; Sapulpa OK
Vinita Clinic; Vinita OK
Wilma P. Mankiller Health Center; Stilwell OK
W.W. Hastings Indian Hospital; Tahlequah OK
918- 434 -8500
405- 436 -3980
918- 336 -0823
405- 226 -8181
405- 371 -2392
405 -584 -2740
918 -567 -2211
918 - 341 -6200
405- 326 -7561
918 - 423 -8440
918 - 689 -2457
918 - 758 -1926
918 - 687 -0201
918- 273 -0192
918- 623 -0555
918 -542 -1655
405- 257 -6281
918- 775 -9150
918 - 253 -4271
918 - 224 -9310
918- 323 -0191
918 - 696 -8800
918 - 458 -3100
MEMORANDUM OF AGREEMENT BETWEEN THE CHEROKEE NATION AND
THE CITY OF OWASSO, OKLAHOMA, A MUNICIPAL CORPORATION
This Memorandum of Agreement (hereinafter referred to as "Agreement ") is made and entered
into this I" day of October, 2021, by and between Cherokee Nation (hereinafter referred to as
"Nation "), P.O. Box 948, Tahlequah, Oklahoma 74465, and the City of Owasso, Oklahoma, a
Municipal Corporation (hereinafter referred to as "City "), collectively referred to as "Parties." The
Cherokee Nation is a federally recognized Indian tribe with its capitol in Tahlequah, Oklahoma.
The City is a municipality located within the Cherokee Nation Reservation.
1. BACKGROUND:
In McGirt v. Oklahoma, 140 S. Ct. 2452, 2456, 207 L. Ed. 2d 985 (2020), the United States
Supreme Court ruled that the Muscogee (Creek) Nation Reservation was established, and
had never been disestablished by Congress. All land, including fee land, within the
boundaries of a reservation are defined as Indian Country pursuant to 18 U.S.C. § 1151(a).
Both the Major Crimes Act, 18 U.S.C. § 1153, and the General Crimes Act, 18 U.S.C. §
1152, apply to certain crimes committed by Indians within Indian Country. The Supreme
Court held that the State of Oklahoma does not have jurisdiction over crimes involving
Indian defendants and /or victims of crimes occurring in Indian Country. The Oklahoma
Court of Criminal Appeals has held that the Cherokee Nation Reservation (the
"Reservation ") was likewise established by treaty, and was never disestablished by
Congress. The Supreme Court held that because it has never been expressly disestablished,
it remains intact and is properly defined as Indian Country pursuant to 18 U.S.C. § 1151(a).
In accordance with the ruling of the Court of Criminal Appeals, the State of Oklahoma,
and its municipalities do not have jurisdiction over crimes occurring on the Cherokee
Reservation involving Indian defendants and /or victims. Instead, Indian perpetrators who
offend within the City of Owasso are subject to the Cherokee Nation's criminal laws and
the jurisdiction of the Cherokee Nation's courts.
2. PURPOSE:
This Agreement is entered into for the purpose of supporting tribal and community
cooperation in an effort to ensure public safety within the Cherokee Reservation and within
the City of Owasso. This Agreement shall not concede or confer jurisdiction on any Party,
but shall establish an administrative process under which City peace officers, acting
pursuant to a cross - deputation agreement with the Cherokee Nation (Attachment 1), may
issue criminal citations to Indian perpetrators and non -Indian perpetrators subject to the
special domestic violence jurisdiction of the Nation as acknowledged by the 2013
reauthorization of the Violence Against Women Act, Pub. L. No. 113 -4, 127 Stat. 540.
"Reservation defendant(s)" shall mean an "Indian" as defined by 21 C.N.C.A. § 9 or a
non - Indian subject to the Special Domestic Violence Criminal Jurisdiction of the Nation
pursuant to 22 C.N.C.A. § 70.
Page 1 of 6
The Parties recognize a shared interest in ensuring public safety and therefore seek to
efficiently and effectively process criminal offenses occurring within the Reservation and
necessarily, within the limits of the City of Owasso. Both the City and the Nation agree
that it is in the best interest of both parties to enter into this Agreement regarding such
matters.
3. APPLICATION OF LAWS:
This Agreement shall be governed by, construed and enforced in accordance with the laws
of the United States and the laws of the Cherokee Nation. If it should appear that any of
the terms contained herein are in conflict with any rule of law or statutory provisions of the
United States or the laws of the Nation, such conflicting terms shall be deemed inoperative
and declared null and void in so far as it may be in conflict with such relevant law or
statutory provision, and shall be deemed modified to conform to such rules of law or
statutory provisions. However, such conflict shall not operate to nullify or void this entire
Agreement.
4. Nothing in this agreement is intended or shall be construed to limit or create any rights,
remedies, or defenses for any third -party individual, entity, organization or other that is
not a party to this agreement.
5. TERM:
The term of this Agreement shall begin on October 1, 2021, and shall end on September
30, 2022. This Agreement may be cancelled by mutual consent of the parties or by thirty
(30) days written notice of one party to the other, with or without cause. Said notice shall
state the reasons for the cancellation and be sent by certified mail to the other party at the
address contained herein. This Agreement may be amended at any time by mutual written
consent of the parties.
6. THE CITY AGREES TO:
A. Continue to abide by the terms and conditions provided in the attached Cross
Deputization Agreement with the Nation.
B. Provide all management, staff, employees, facilities, buildings, equipment and
supplies, in the discretion of the City, necessary to administratively process criminal
matters involving Reservation defendants.
C. Identify Reservation defendants and maintain separate accounting system within the
City's Municipal Court Clerk's Office, as established by the City's Finance
Department.
D. Ensure that all guilty pleas, warrants or other judicial actions involving Reservation
defendants that require a Judge's signature or court approval be forwarded for
consideration and execution by a Cherokee Nation District Court Judge. The City will
promptly refer matters in which any Reservation defendant has entered a plea of not
Page 2 of 6
guilty and demanded a trial to the Cherokee Nation Attorney General for review and
prosecution and transmit all related documentation.
E. Ensure cooperation of City employees in prosecutions of Reservation defendants.
F. Collect fees, fines, and costs from each Reservation defendant and remit those fees,
fines and costs to the Nation on a monthly basis.
G. Ensure that all fines, fees and costs collected from Reservation defendants are collected
consistently and in accordance with the Fine and Fee Schedule to be provided by the
Nation.
H. Remit Thirty Dollars ($30.00) per charge from the total amount ordered to be paid and
collected from each Reservation Defendant to the Cherokee Nation along with a copy
of the citation and a record of the total fee, fine, and cost paid by the Reservation
Defendant. Payment to the Nation will be made on a monthly basis.
I. Provide a monthly accounting to the Nation of all fines, fees and costs collected and
remitted.
J. Maintain adequate records, including payments received and sent to the Nation,
pursuant to this Agreement and make the records available to the Nation upon request.
7. THE NATION AGREES TO:
A. Continue to abide by the terms and conditions provided in the attached Cross
Deputization Agreement with the City.
B. Engage with the City to administratively process tribal criminal offenses occurring
within the Reservation and necessarily, within the limits of the City of Owasso,
involving Reservation defendants.
C. Accept referrals for prosecution in tribal court, through the Office of the Attorney
General, for those cases involving Reservation Defendants who plead not guilty and
demand a trial.
D. Maintain adequate records, including payments received from the City, pursuant to this
Agreement and make the records available to the City upon request.
E. Allow the City to retain, in the form of a donation, the amount of fines, fees, and costs
paid by each Reservation Defendant, less Thirty Dollars ($30.00), to the City in
recognition of the public safety and administrative functions performed by the City.
Page 3 of 6
F. Retain all fees, fines and costs collected on those Reservation Defendants prosecuted
in the Cherokee Nation District Court after entering a not guilty plea and demanding a
trial.
8. GENERAL PROVISIONS:
A. This Agreement shall constitute the entire agreement between the parties. This
Agreement shall supersede all prior or contemporaneous understandings,
representations, or warranties not set forth herein. No subsequent amendment or
modification of this Agreement shall be of any force or effect unless in writing and
signed by the parties to be bound thereby. No provision of this Agreement shall be
considered waived by the Nation or the City unless such waiver is in writing and signed
by the party. No such waiver shall be a waiver of any past or future default, breach or
modification of any of the provision of this Agreement unless expressly stipulated in
such a waiver. The parties' further state to the best of their knowledge, no employee
of the Nation or City who exercises any functions or responsibilities in connection with
the performance of the duties under this Agreement has any personal interest, direct or
indirect, in this Agreement.
B. That each party to the Agreement hereby recognizes that the other shall not control the
means or methods by which the terms of this Agreement and the duties outlined herein
are rendered. Both parties agree to perform the duties under this contract in a
cooperative and professional manner and pursuant to lawful standards.
C. Whenever any matter is referred to the Cherokee Nation Attorney General for the
consideration of filing criminal charges, the responsible City law enforcement officer
shall properly receipt all property and evidence and provide a complete inventory sheet
to the Cherokee Nation Marshal Service. All property so receipted shall be safeguarded
and maintained in a secure environment that may be accessed for viewing. A log shall
be kept of all persons with access to the property and said log shall indicate who
removes and returns property as well as who views it. No property shall be released
except upon written request of the Cherokee Nation Attorney General's Office, court
order, or by the Marshal of the Cherokee Nation or his or her designee. The City further
agrees to retain said property in accordance with periods of retention as requested by
the Cherokee Nation Attorney General.
D. The City, its subcontractors, agents and employees shall not be considered employees
of the Nation and are not eligible for any benefits associated herewith. Likewise, the
Nation, its subcontractors, agents and employees shall not be considered employees of
the City and are not eligible for any benefits associated herewith.
E. Each party shall be responsible for their own costs associated with the processing of
matters represented by this Agreement.
F. If this Agreement is cancelled or terminated, a full accounting shall be made by the
City. The City shall be entitled to keep any funds received under this Agreement less
Page 4 of 6
the amount due the Nation. For those matters that are concluded and pleas already
accepted that were being collected prior to the termination date, the City shall be liable
to the Nation for the amounts due in accordance with this Agreement until the
Reservation defendant has fulfilled their obligation and paid in full.
9. NO WAIVER OF SOVEREIGN IMMUNITY:
Nothing in this Agreement, nor any interpretation or application of the same, shall be
construed or interpreted as a waiver of the Sovereign Immunity of either the Cherokee
Nation or the City of Owasso.
10. NOTICE:
To the Cherokee Nation:
Cherokee Nation
Attention: Office of the Attorney General
P. O. Box 1533
Tahlequah OK 74465
To the City of Owasso, Oklahoma:
City of Owasso
Attention: City Manager
200 South Main Street
Owasso, OK 74055
IN WITNESS WHEREOF, the signatory parties hereto have executed this Agreement as
of the last date written below.
Cherokee Nation
By:
Title:
Date:
Page 5 of 6
City of Owasso, Oklahoma
Mayor Bill Bush
APPROVED AS TO FORM:
Julie Lombardi, City Attorney
Date: October 5, 2021
Page 6 of 6
ATTEST:
Juliann M. Stevens, City Clerk