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HomeMy WebLinkAbout2021.11.02_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL Council Chambers Old Central Building 109 North Birch, Owasso, OK Tuesday, November 2, 2021 - 6:30 PM NOTE: APPROPRIATE ACTION may include, but is not limited to: acknowledging, affirming, amending, approving, authorizing, awarding, denying, postponing, or tabling. AGENDA 1. Call to Order Mayor Bill Bush 2. Invocation RECEIVED Pastor Scott Carlson of the Refuge Owasso OCT 29 2021 3. Flag Salute City Clerk's Office 4. Roll Call 5. Presentation of the Character Trait of Respect Mike Henry, Character Council Member 6. Consideration and appropriate action relating to a request for approval of the Consent Agenda. (All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes - October 19, 2021, Regular Meeting B. Approve claims C. Accept the Department of Justice Vest Grant, and approve a budget amendment in the General Fund, increasing the estimated revenue and the appropriation for expenditures in the Police Department by $5,477.55 D. Approve a budget amendment in the Capital Improvement Grants Fund increasing the estimated revenue and the appropriation for expenditures by $122,303.00 for the 2021 Community Development Block Grant Hale Acres Sanitary Sewer Line Rehabilitation Project 7. Consideration and appropriate action relating to items removed from the Consent Agenda 8. Consideration and appropriate action relating to the purchase of five (5) police vehicles Jason Woodruff Staff recommends approval to purchase five (5) Ford Explorer police vehicles in an amount not to exceed $35,473.00 per vehicle from John Vance Ford of Guthrie, Oklahoma, utilizing the State of Oklahoma's approved contract SW035 -4568. 9. Consideration and appropriate action relating to the acceptance and final payment of the East 106th Street North and North 145th East Avenue Intersection Improvement Project Earl Farris Staff recommends acceptance of the completed project and authorization for final payment in the amount of $137,011.30 to Diversified Civil Contractors LLC, of Broken Arrow, Oklahoma. 10. Consideration and appropriate action relating to the acceptance and final payment of the 2020 Elm Creek Park Pond Improvement Project Earl Farris Staff recommends acceptance of the completed project and authorization for final payment in the amount of $32,761.21 to Native Plains Excavation & Contracting LLC, of Bixby, Oklahoma. Owasso City Council November 2, 2021 Page 2 11. Consideration and appropriate action relating to an Engineering Agreement for the East 116th Street North and Mingo Road Drainage Study Dwayne Henderson Staff recommends approval of the Agreement for Engineering Services with Freese & Nichols, Inc., of Tulsa, Oklahoma, in the amount of $79,500.00 and authorization to execute the agreement. 12. Consideration and appropriate action relating to a Maintenance, Financing and Right -of -Way Agreement between the Oklahoma Department of Transportation and the City of Owasso for roadway improvements located on Main Street from Broadway to 11th Street Dwayne Henderson Staff recommends approval of the Project Maintenance, Financing and Right -of -Way Agreement in the amount of $2,567,081.00 (ODOT's share being $750,000.00) and authorization to execute the agreement. 13. Report from City Manager • Monthly Public Works Project Status Report 14. Report from City Attorney 15. Report from City Councilors 16. Official Notices (documents for acknowledgment of receipt or information only, no discussion or action will be taken) • Payroll Payment Report - Pay Period Ending Date October 23, 2021 • Health Care Self- Insurance Claims - dated as of October 28, 2021 17. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 18. Adjournment Notice of Public Meeting filed in the office of the City Clerk on Friday, December 11, 2020, and the Agenda posted at City Hall, 200 South Main Street, at 12:00 pm on Friday, October 29, 2021. M. Stevens, ity 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@CiNafOw0550.COm OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, October 19, 2021 The Owasso City Council met in regular session on Tuesday, October 19, 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 2:00 pm on Friday, October 15, 2021, 1. Call to Order Vice Mayor Kelly Lewis called the meeting to order at 6:30pm. 2. Invocation The Invocation was offered by Pastor Steve Plodinec of Redeemer Bible Church. 3. Flag Salute Councilor Alvin Fruga led the flag salute. 4. Roll Call Present Absent Vice Mayor- Kelly Lewis Mayor- Bill Bush 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 - October 5, 2021, and October 12, 2021, Regular Meetings B. Approve claims C. Accept a donation from the Cherokee Nation in the amount of $3,500.00 and approve a budget amendment in the General Fund increasing the appropriation for expenditures in the Fire Department Budget by $3,500.00 D. Accept public infrastructure improvements of a concrete approach and sidewalk located at 11492 North 1371h East Avenue E. Accept public sanitary sewer infrastructure to serve the Magnolia Ridge Phase II subdivision located north and west of the East 86th Street North and Memorial Road intersection F. Approve an amendment to the Lissau Landing Plat and Deed of Dedication, as recorded in the Tulsa County Clerk's office on May 7, 2021, as Plat No. 6970, located at 11610 North 137th East Avenue, clarifying that Washington County Rural Water District No. 3 is responsible for the maintenance of public water mains and its underground facilities and not the City of Owasso or its successors Mr. Bonebrake moved, seconded by Mr. Fruga to approve the Consent Agenda, as presented with claims totaling $344,624.45. YEA: Bonebrake, Dunn, Fruga, Lewis NAY: None Motion carried: 4 -0 6. Consideration and appropriate action relating to items removed from the Consent Agenda None Owasso City Council October 19, 2021 Page 2 7, Consideration and appropriate action relating to Resolution 2021 -13, calling an election for the purpose of selecting City Council representation for City Council Ward 5 Juliann Stevens presented the item, recommending approval of Resolution 2021 -13. There were no comments from the audience. Mr. Bonebrake moved, seconded by Mr. Dunn to approve Resolution 2021 -13, as recommended. YEA: Bonebrake, Dunn, Fruga, Lewis NAY: None Motion carried: 4 -0 8. Consideration and appropriate action relating to a contract for specific excess workers' compensation coverage Jeff Atchison presented the item, recommending approval of the contract for coverage with Midwest Employers Casualty Company of Chesterfield, Missouri, authorization for payment in the amount of $84,122.00, and authorization to execute all necessary documents. There were no comments from the audience. After discussion, Mr. Dunn moved, seconded by Mr. Bonebrake to approve the contract, authorize payment and execution of all necessary documents, as recommended. YEA: Bonebrake, Dunn, Fruga, Lewis NAY: None Motion carried: 4 -0 9. Consideration and appropriate action relating to a contract for property - casualty insurance coverage Jeff Atchison presented the item, recommending approval of the contract for coverage with Oklahoma Municipal Assurance Group of Edmond, Oklahoma, authorization for payment in the amount of $155,034.00, and authorization to execute all necessary documents. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Fruga to approve the contract, authorize payment and execution of all necessary documents, as recommended. YEA: Bonebrake, Dunn, Fruga, Lewis NAY: None Motion carried: 4 -0 10. Consideration and appropriate action relating to a contract for vehicle collision and liability insurance coverage Jeff Atchison presented the item, recommending approval of the contract for coverage with Oklahoma Municipal Assurance Group of Edmond, Oklahoma, authorization for payment in the amount of $26,768.00, and authorization to execute all necessary documents. There were no comments from the audience. After discussion, Mr. Fruga moved, seconded by Mr. Bonebrake to approve the contract, authorize payment and execution of all necessary documents, as recommended. YEA: Bonebrake, Dunn, Fruga, Lewis NAY: None Motion carried: 4 -0 Owasso City Council October 19, 2021 Page 3 11. Consideration and appropriate action relating to Fiscal Year 2021 -2022 budget amendments for the re- appropriation of carryover funds from Fiscal Year 2020 -2021 Jennifer Newman presented the item, recommending approval of the following FY 2022 budget amendments: • Increase the estimated revenues by $84,175.62 and the appropriation for expenditures by $1,417,147.20 in the General Fund • Increase the appropriation for expenditures in the Half -Penny Sales Tax Fund by $64,895.00 for Fire, $168,078.00 for Police and $286,650.00 for Streets • Increase the appropriation for expenditures in the E91 1 Fund by $9,721.00 • Increase the appropriation for expenditures in the Hotel Tax Fund by $150,266.00 • Increase the appropriation for expenditures in the Stormwater Management Fund by $871,629.00 • Increase the appropriation for expenditures in the City Garage Fund by $4,700.00 • Increase the estimated revenue by $3,879.00 and the appropriation for expenditures by $116,824.00 in the Self Insurance Fund There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Fruga to approve the budget amendments, as recommended. YEA: Bonebrake, Dunn, Fruga, Lewis NAY: None Motion carried: 4 -0 12. Consideration and appropriate action relating to Resolution 2021 -14, authorizing acceptance of American Rescue Plan Act (ARPA) Local Fiscal Recovery Funding for Non - Entitlement Units of Government and approving a budget amendment in the General Fund Linda Jones -Holt presented the item, recommending approval of Resolution 2021 -14, and approval of a budget amendment in the General Fund increasing the estimate of revenues and the appropriation for expenditures by $3,454,737.00. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn to approve Resolution 2021 -14, and the budget amendment, as recommended. YEA: Bonebrake, Dunn, Fruga, Lewis NAY: None Motion carried: 4 -0 13. Consideration and appropriate action relating to Specific Use Permit (SUP) 21 -05 for property containing approximately 1.49 acres, located at 9155 North Owasso Expressway (Caliber Collision) Karl Fritschen presented the item, recommending approval of Specific Use Permit 21 -05. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn to approve Specific Use Permit 21 -05, as recommended. YEA: Bonebrake, Dunn, Fruga, Lewis NAY: None Motion carried: 4 -0 14. Consideration and appropriate action relating to a final plat for property containing approximately 7.6 acres, located at the northwest intersection of East 116th Street North and North 126th East Avenue (Owasso Assisted Living Center) Karl Fritschen presented the item, recommending approval of the Owasso Assisted Living Center Final Plat. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn to approve the final plat, as recommended. YEA: Bonebrake, Dunn, Fruga, Lewis NAY: None Motion carried: 4 -0 Owasso City Council October 19, 2021 Page 4 15. Consideration and appropriate action relating to the purchase of five (5) police vehicles Jason Woodruff presented the item, recommending approval to purchase three (3) Dodge Durango police vehicles from Bob Howard Dodge Jeep Ram of Oklahoma City, Oklahoma, in an amount not to exceed $34,125.00 per vehicle, and two (2) Ford Explorer police vehicles from Bill Knight Ford of Tulsa, Oklahoma, in an amount not to exceed $34,361.00 per vehicle, utilizing the State of Oklahoma's approved contract # SW035 -4568. There were no comments from the audience. After discussion, Mr. Dunn moved, seconded by Mr. Bonebrake to approve the purchase, as recommended. YEA: Bonebrake, Dunn, Fruga, Lewis NAY: None Motion carried: 4 -0 16. Consideration and appropriate action relating to bids received for the Police Vehicle Emergency Lighting Equipment Installation Projects Jason Woodruff presented the item, recommending to award the following project bids to Ultimate Vehicle Solutions of Tulsa, Oklahoma, in the total amount of $64,256.79, and authorization to execute all necessary documents: • Two (2) 2021 Dodge Charger Supervisor Units $13,548.36 • Two (2) 2021 Dodge Charger Police Units $16,976.96 • One (1) 2021 Dodge Durango Supervisor Unit $7,473.87 • One (1) 2021 Dodge Charger Police Unit with Full Cell $9,190.85 • One (1) 2021 Dodge Charger Police Unit with Single Cell $8,661.90 • One (1) 2021 Dodge Durango Police Unit $8,404.85 There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Fruga to award the project bids, and authorize execution of all necessary documents, as recommended. YEA: Bonebrake, Dunn, Fruga, Lewis NAY: None Motion carried: 4 -0 17. Consideration and appropriate action relating to bids received for the 117th East Avenue Retaining Wail Replacement Project Jake Ketner presented the item, recommending to award the construction bid to Contech, Inc., of Broken Arrow, Oklahoma, in the amount of $98,929.00, and authorization to execute the necessary documents. There were no comments from the audience. Mr. Fruga moved, seconded by Mr. Dunn to award the construction bid and authorize execution of all necessary documents, as recommended. YEA: Bonebrake, Dunn, Fruga, Lewis NAY: None Motion carried: 4 -0 18. Consideration and appropriate action relating to the purchase of asphalt materials for the North 137th East Avenue Service Road Extension Project Roger Stevens presented the item, recommending authorization for payment in an amount not to exceed $135,000.00 as reimbursement to Tulsa County for materials and fuel used to complete the asphalt project. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn to authorize payment, as recommended. YEA: Bonebrake, Dunn, Fruga, Lewis NAY: None Motion carried: 4 -0 Owasso City Council October 19, 2021 Page 5 19. Report from City Manager Warren Lehr congratulated Owasso Chamber President, Gary Akin, for induction into the Oklahoma Chamber of Commerce Executives Hall of Fame, read aloud a citizen comment praising Public Works Utility Worker, Calvin Elliott, for displaying positive character while assisting the citizen with a water leak, and commented on the local VFW's 35 -year celebration. 20. Report from City Attorney None 21. Report from City Councilors Mr. Bonebrake commented on the VFW's 35 -year celebration. 22. 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 October 9,2021 • Health Care Self- Insurance Claims - dated as of October 14, 2021 • Monthly Budget Status Report - September 2021 23. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) None 24. Adjournment Mr. Dunn moved, seconded by Mr. Fruga to adjourn the meeting. YEA: Bonebrake, Dunn, Fruga, Lewis NAY: None Motion carried: 4 -0 and the meeting adjourned at 7:34 pm. Kelly Lewis, Vice Mayor Juliann M. Stevens, City Clerk Fund 01 GENERAL Claims List - 11/2/2021 Vendor Name Payable Description Payment Amount BLUE ENERGY FUELS LLC CNG FUEL PURCHASE SEPT 21 $58.68 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES SEPT 21 $27.46 JPMORGAN CHASE BANK AMAZON- SUPPLIES $923.13 JPMORGAN CHASE BANK ANIMAL CARE - SUPPLIES $212.60 JPMORGAN CHASE BANK EBAY- UNIFORM $20.02 JPMORGAN CHASE BANK IQ CARWASH -CAR WASH $16.00 JPMORGAN CHASE BANK LOWES- SUPPLIES $212.89 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $22.58 JPMORGAN CHASE BANK PETSMART- SUPPLIES $92.99 JPMORGAN CHASE BANK SOUTHERN AG- SUPPLIES $59.99 JPMORGAN CHASE BANK TIME2SHINE -CAR WASH $39.99 JPMORGAN CHASE BANK TROYTDVM- STERILIZATIO $75.00 JPMORGAN CHASE BANK WALMART - SUPPLIES $191.68 JPMORGAN CHASE BANK ZOETIS- SUPPLIES $675.76 GEN ANIMAL CONTROL -Total $2,628,77 UNIFIRST HOLDINGS LP UNIFORM SERVICES $20.40 GEN CEMETERY -Total $20.40 DANETTETODD CLASSES $239.00 GEN COMM CTR DONATIONS -Total CITY GARAGE PARTS SEPT 21 $239.00 JPMORGAN CHASE BANK EQUIP ONE - EQUIPMENT $40.00 SUMNERONE INC CONTRACT BASE RATE FOR OC $151.00 SUMNERONE INC CONTRACT OVERAGE CHARGE $108.01 JPMORGAN CHASE BANK F $219.00 GEN COMMUNITY CENTER -Total $299,01 BLUE ENERGY FUELS LLC CNG FUEL PURCHASE SEPT 21 $63.83 CITY GARAGE CITY GARAGE PARTS SEPT 21 $19.84 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES SEPT 21 $387.86 JPMORGAN CHASE BANK CROWN AWARDS - PLAQUE $160.26 JPMORGAN CHASE BANK GRAPHIC RESOURCES -INK $51.82 JPMORGAN CHASE BANK ICC -EXAM $219.00 JPMORGAN CHASE BANK MEETING EXPENSE $12.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $64.00 TREASURER PETTY CASH INSP LICENSE -BOGGS $35.00 GEN COMMUNITY DEVELOPMENT - Total $1,013.61 BLUE ENERGY FUELS LLC CNG FUEL PURCHASE SEPT 21 $24.96 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES SEPT 21 $78.25 JPMORGAN CHASE BANK AMAZON -PARTS $11.99 JPMORGAN CHASE BANK AMAZON- SUPPLIES $574.53 JPMORGAN CHASE BANK AT YR SVC- RENTAL $550.00 JPMORGAN CHASE BANK GRAINGER -PARTS $52.68 JPMORGAN CHASE BANK LOCKE- VALVES $46.18 1 Claims List - 11/2/2021 Fund Vendor Name Payable Description Payment Amount 01 GENERAL JPMORGAN CHASE BANK LOWES- SUPPLIES $54.92 JPMORGAN CHASE BANK SAVON -SIGNS $594.00 JPMORGAN CHASE BANK TULSA BALLOONS -SVCS $1,170.00 JPMORGAN CHASE BANK WORLEYS - FLOWERS $331.45 TULSA COUNTY HIGHWAY SIGNS $116.90 CONSTRUCTION SURVEY EQUIPMENT $7,194.00 UNIFIRST HOLDINGS LP UNIFORM SERVICE $30.72 GEN CULTURE & RECREATION • Total UNIFORM SERVICES $3,636.58 CHELSEA LEVO FEARY TUITION REIMBURSEMENT FOR $1,004.25 GEN ECONOMIC DEV -Total $1,004.25 CITY GARAGE CITY GARAGE PARTS SEPT 21 $5.00 JPMORGAN CHASE BANK SAMS CLUB - SUPPLIES $11.18 VERDIGRIS VALLEY ELECTRIC COOP ELEC 3 STORM SIRENS $62.88 GEN EMERG PREPAREDNESS -Total $7,873.51 $79.06 CITY GARAGE CITY GARAGE PARTS SEPT 21 $20.06 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES SEPT 21 $337.77 JPMORGAN CHASE BANK BD OF RFPE - LICENSE RE $154.00 JPMORGAN CHASE BANK HOME DEPOT -FIRE EXTIN $29.64 JPMORGAN CHASE BANK SUNDANCE -PAPER $32.49 OZARK LASER SYSTEMS SURVEY EQUIPMENT $7,194.00 TREASURER PETTY CASH RECORDING FEES $22.00 UNIFIRST HOLDINGS LP UNIFORM SERVICES $32.92 UNITED STATES CELLULAR PW MONTHLY CELL PHONES $50.63 CORPORATION GEN ENGINEERING -Total $7,873.51 BT &CO ANNUALAUDIT $30,000.00 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES $12.19 SUMNERONE INC COPIER SERVICES $47.62 GEN FINANCE -Total $30,059.81 ELIZABETH ANNE CHILDS GENERAL LEGAL SERVICE FEE $3,120.00 HALL, ESTILL, HARDWICK, GABLE, GENERAL LEGAL SERVICE FEE $165.00 HALL, ESTILL, HARDWICK, GABLE, GENERAL LEGAL SERVICES $55.00 JPMORGAN CHASE BANK SUNDANCE -PAPER $97.47 MAILROOM FINANCE INC POSTAGE $1,000.00 PROSTAR SERVICES INC COFFEE SUPPLIES $176.29 GEN GENERAL GOVERNMENT -Total $4,613.76 COMMUNITYCARE EAP EAP $450.84 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $20.50 JPMORGAN CHASE BANK SAMS- SUPPLIES $24.24 GEN HUMAN RESOURCES -Total $495.56 AT &T MOBILITY PUBLIC SAFETY WIRELES $83.35 2 Claims List - 1112(2021 Fund Vendor Name Payable Description Payment Amount 01 GENERAL ICON ENTERPRISES, INC ANNUAL RENEWAL OF $6,708.20 WEBSITE GEN INFORMATION TECH -Total $6,791.55 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES SEPT 21 $70.98 JPMORGAN CHASE BANK MEETING EXPENSE $38.49 JPMORGAN CHASE BANK SAMS CLUB - SUPPLIES $10.98 TREASURER PETTY CASH TRAVEL EXP -FRUGA $113.34 GEN MANAGERIAL -Total $233.79 YOUTH SERVICES OF TULSA YOUTH COURT $4,125.00 GEN MUNICIPAL COURT -Total $4,125.00 BLUE ENERGY FUELS LLC CNG FUEL PURCHASE SEPT 21 $45.54 CITY GARAGE CITY GARAGE PARTS SEPT 21 $379.43 CITY OF OWASSO WATER $4,893.00 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES SEPT 21 $596.42 FREDRICK COSTIN JR MOWING $1,491.00 JPMORGAN CHASE BANK C & C SUPPLY- SUPPLIES $314.75 JPMORGAN CHASE BANK CORNERSTONE -BAR OIL $59.23 JPMORGAN CHASE BANK CORNERSTONE -PARTS $4.74 JPMORGAN CHASE BANK CORNERSTONE -SAW CHAIN $20.99 JPMORGAN CHASE BANK HOME DEPOT -PARTS $3.76 JPMORGAN CHASE BANK LIBERTY FLAGS -PARTS $32.00 OKLAHOMA FACILITY SERVICES LAWN CARE $835.00 THE ADT SECURITY CORPORATION PARKS OFFICE SECURITY SYS $85.44 UNIFIRST HOLDINGS LP PARK STAFF UNIFORMS $31.44 VERDIGRIS VALLEY ELECTRIC COOP PARKS ELECTRIC $92.47 WASHINGTON CO RURAL WATER MCCARTY PARK WATER $51.60 DISTRICT SERVIC GEN PARKS -Total $8,936.81 JPMORGAN CHASE BANK GRAINGER -SINK VALVE $299.50 JPMORGAN CHASE BANK SAMS- PRISON BOARD $30.80 JPMORGAN CHASE BANK WALMART- PRISON BOARD $68.64 JPMORGAN CHASE BANK WALMART- PRISONER BOAR $74.54 GEN POLICE COMMUNICATIONS -Total $473.48 BILL BASORE TRUCKING & EXCAVATION, SEPTEMBER DIRT $108.34 BLUE ENERGY FUELS LLC CNG FUEL PURCHASE SEPT 21 $353.86 CITY GARAGE CITY GARAGE PARTS SEPT 21 $1,400.13 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES SEPT 21 $1,395.68 GM LAWNCARE LLC MOWING $1,060.00 JPMORGAN CHASE BANK GRAINGER -PPE $59.61 JPMORGAN CHASE BANK TIMMONS -FUEL $794.06 SPIRIT LANDSCAPE MANAGEMENT LLC 96 ST LANDSCAPE $247.50 3 Claims List - 11/2/2021 Fund Vendor Name Payable Description Payment Amount 01 GENERAL SPIRIT LANDSCAPE MANAGEMENT LLC MAIN ST LANDSCAPE $410.00 SPOK INC. PAGER USE $76.80 UNIFIRST HOLDINGS LP UNIFORM SERVICES $130.40 GEN STORMWATER -Total SPEC EVNT REF -BRADT $6,036.38 BLUE ENERGY FUELS LLC CNG FUEL PURCHASE SEPT 21 $67.04 JPMORGAN CHASE BANK AMAZON- SUPPLIES $49.98 JPMORGAN CHASE BANK BUMP2BUMP -LENS COVER $15.49 JPMORGAN CHASE BANK COX - INTERNET $69.95 JPMORGAN CHASE BANK DALE 8 LEE'S- REPAIR $138.00 JPMORGAN CHASE BANK FASTSIGNS - LETTERING $31.00 JPMORGAN CHASE BANK LOCKE- LIGHTS $145.86 JPMORGAN CHASE BANK LOWES- HARDWARE $7.66 JPMORGAN CHASE BANK MCINTOSH- SERVICE $456.00 JPMORGAN CHASE BANK SAMS -MEMB FEE $85.00 JPMORGAN CHASE BANK SUMNERONE -SVC FEE $147.45 JPMORGAN CHASE BANK SUPPLIES $33.15 JPMORGAN CHASE BANK WALMART -LENS COVER $9.66 UNIFIRST HOLDINGS LP UNIFORM RENTAL $23.60 GEN SUPPORT SERVICES -Total HRVST FST REF- WALTERS $1,279,84 TREASURER PETTY CASH CC DEP REF- GALLOWAY $50.00 TREASURER PETTY CASH CC DEP REF- MISHLER $100.00 TREASURER PETTY CASH CC USER REF - GALLOWAY $80.00 TREASURER PETTY CASH SPEC EVNT REF -BRADT $200.00 GENERAL -Total TREASURER PETTY CASH GF- HARVEST FESTIVAL -Total HRVST FST REF- WALTERS $430.00 $50.00 $50.00 GENERAL -Total $80,320.19 20 AMBULANCE SERVICE CITY GARAGE CITY GARAGE PARTS SEPT 21 $424.77 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES SEPT 21 $2,921.55 JPMORGAN CHASE BANK AMAZON- ADAPTERS $9.99 JPMORGAN CHASE BANK AMAZON - BATTERIES $31.14 JPMORGAN CHASE BANK AMAZON -TOOL $74.30 JPMORGAN CHASE BANK AMERICAN - AIRFARE $1,185.87 JPMORGAN CHASE BANK BOUND TREE - SUPPLIES $2,033.00 JPMORGAN CHASE BANK EMER MED- RESCUE BAGS $317.84 JPMORGAN CHASE BANK HENRY SCHEIN- SUPPLIES $676.16 JPMORGAN CHASE BANK INTERSTATE - BATTERIES $10.00 JPMORGAN CHASE BANK LIFE ASSIST - SUPPLIES $792.10 JPMORGAN CHASE BANK LODGING EXPENSE 10120 $1,031.62 JPMORGAN CHASE BANK MARK ALLEN - BRAKES $310.90 4 Claims List - 11/2/2021 Fund Vendor Name Payable Description Payment Amount 20 AMBULANCE SERVICE JPMORGAN CHASE BANK MCKESSON -FLU SHOTS $1,038.70 JPMORGAN CHASE BANK MEDLINE - SUPPLIES $480.00 JPMORGAN CHASE BANK NAEMT -MEMB DUES $40.00 JPMORGAN CHASE BANK NATL REG EMT -FEE $25.00 JPMORGAN CHASE BANK OREILLY- REPAIR $24.98 JPMORGAN CHASE BANK S ANESTHESIA- SUPPLIES $793.21 JPMORGAN CHASE BANK STRYKER - SUPPLIES $417.05 JPMORGAN CHASE BANK SUMNERONE- COPIES $39.03 JPMORGAN CHASE BANK TRAVEL EXPENSE 10120 $87.99 MEDICLAIMS INC BILLING SERVICES $14,681.75 MEDLINE INDUSTRIES INC MED SUPPLY $2,854.58 AMBULANCE -Total $30,301.53 TREASURER PETTY CASH SR AMB DISC -TERRY $20.40 AMBULANCE SERVICE -Total $20.40 AMBULANCE SERVICE •Total $30,321.93 21 E -911 AT &T MONTHLY SVC FEE TI CIRCUI $1,053.42 JPMORGAN CHASE BANK AMAZON- CHAIRS $1,487.64 JPMORGAN CHASE BANK APCO -DUES $288.00 JPMORGAN CHASE BANK APCO- TRAINING $25.00 JPMORGAN CHASE BANK BIDDLE- SOFTWARE SVC $995.00 JPMORGAN CHASE BANK LANGUAGE LINE -SVCS $25.60 JPMORGAN CHASE BANK NENA -E911 DUES $142.00 JPMORGAN CHASE BANK VISTA - ANNUAL MAINTENA $4,308.00 MOTOROLA SOLUTIONS INC ASTRO SYSTEM $2,714.75 MOTOROLA SOLUTIONS INC SVC ASTRO SYS $5,429.50 TREASURER PETTY CASH NOTARY APPL - RODRUIGUE $25.00 TREASURER PETTY CASH NOTARY FILING - RODRIGU $10.00 E911 COMMUNICATIONS -Total $16,503.91 E -911 -Total $16,503.91 25 HOTELTAX TREASURER PETTY CASH MILEAGE REIMB -FERRY $285.76 HOTEL TAX ECON DEV -Total $285.76 HOTELTAX -Total $265.76 27 STORMWATER MANAGEMENT JPMORGAN CHASE BANK ATWOODS -TRASH BAGS $89.94 JPMORGAN CHASE BANK BROWN CO -HARD HATS $128.50 JPMORGAN CHASE BANK CORE &MAIN - REPAIR $85.00 JPMORGAN CHASE BANK DITCH WITCH- FILTERS $230.70 JPMORGAN CHASE BANK LOWES- INSULATION $20.50 JPMORGAN CHASE BANK LOWES- SUPPLIES $75.80 JPMORGAN CHASE BANK OK PURL SAFETY -CDL $82.68 LOT MAINTENANCE OF OKLAHOMA, INC. LITTER PICK UP $1,144.00 E Claims List - 11/2/2021 Fund Vendor Name Payable Description Payment Amount 27 STORMWATER MANAGEMENT UNIFIRST HOLDINGS LP UNIFORM SERVICES $11.98 UNITED STATES CELLULAR PW MONTHLY CELL PHONES $34.36 CORPORATION STORMWATER - STORMWATER -Total $1,903.46 STORMWATER MANAGEMENT -Total $1,903.46 31 AMBULANCE CAPITAL TREASURER PETTY CASH SR AMB DISC -TERRY $3.60 AMBULANCE CAPITAL -Total $3.60 AMBULANCE CAPITAL -Total $3.60 34 VISION TAX GARVER ENGINEERING SERVICES - 11 $419.35 116TH -MINGO TO GARNETT RD -Total $419.35 VISION TAX -Total $419.35 37 SALES TAX FIRE CITY GARAGE CITY GARAGE PARTS SEPT 21 $2,909.22 CITY OF OWASSO WATER $98,00 ESO SOLUTIONS INC SCHEDULING PLATFORM $3,285.00 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES SEPT 21 $2,057.42 JOHNNYSMITH TUITION REIMBURSEMENT $544.65 JPMORGAN CHASE BANK AMAZON- SENSOR $32.99 JPMORGAN CHASE BANK AMAZON- SUPPLIES $399.88 JPMORGAN CHASE BANK AMAZON -TOOL $16.99 JPMORGAN CHASE BANK AMER WASTE -REF SVC $66.77 JPMORGAN CHASE BANK EMTEC PEST -PEST CONTR $395.00 JPMORGAN CHASE BANK FIRE SVC - TRAINING $650.00 JPMORGAN CHASE BANK GALLS - UNIFORM $124.99 JPMORGAN CHASE BANK HOME DEPOT- SUPPLIES $225.09 JPMORGAN CHASE BANK LOWES- REPAIR $5.18 JPMORGAN CHASE BANK MINERVA- REPAIR $39.50 JPMORGAN CHASE BANK NAFECO- HELMET SHIELDS $2,256.00 JPMORGAN CHASE BANK NAFECO- HELMETS $1,020.02 JPMORGAN CHASE BANK NAFECO- UNIFORM $1,267.78 JPMORGAN CHASE BANK NSC -SCBA $689.70 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $168.06 JPMORGAN CHASE BANK OVERHEAD- REPAIR $863.65 JPMORGAN CHASE BANK P & K -TOOLS $11.44 JPMORGAN CHASE BANK P &K- SHARPENING $56.00 JPMORGAN CHASE BANK QUIZS SERV -LAWN MAINT $540.00 JPMORGAN CHASE BANK SAMS CLUB - SUPPLIES $150.52 JPMORGAN CHASE BANK SAMS- SUPPLIES $173.01 JPMORGAN CHASE BANK TRAVEL EXPENSE 10/14 $40.48 JPMORGAN CHASE BANK UPS - SHIPPING $22.47 JPMORGAN CHASE BANK WASH RWD -WATER $86.24 TREASURER PETTY CASH TRAVEL EXP- PETERSEN $251.86 A Claims List - 11/2/2021 Fund Vendor Name Payable Description Payment Amount 37 SALES TAX FIRE SALES TAX FUND -FIRE -Total $18,447,91 SALES TAX FIRE - Total $18,447.91 38 SALES TAX POLICE ART IN BLOOM FUNERAL ARRANGEMENT $99.95 AT &T MOBILITY PUBLIC SAFETY WIRELES $138.63 BOARD OF TESTS FOR ALCOHOL & DRUG FEE $186.00 CITY GARAGE CITY GARAGE PARTS SEPT 21 $12,217.15 CITY OF OWASSO WATER $42.00 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES SEPT 21 $13,09227 JOHNSON EQUIPMENT COMPANY SALLY PORT REPAIR $360.00 JPMORGAN CHASE BANK ACADEMY - SUPPLIES $49.95 JPMORGAN CHASE BANK ADVANCE AUTO -PARTS $12.45 JPMORGAN CHASE BANK ADVANCE -PARTS $16.55 JPMORGAN CHASE BANK AMAZON -PRIME MEMB $179.00 JPMORGAN CHASE BANK AMAZON- REFUND ($2,156.41) JPMORGAN CHASE BANK AMAZON- SUPPLIES $3,047.50 JPMORGAN CHASE BANK AMAZON- UNIFORM ITEMS $121.44 JPMORGAN CHASE BANK AMER WASTE- RENTAL $115.42 JPMORGAN CHASE BANK AT YOUR SERVICE -RENTA $60.00 JPMORGAN CHASE BANK AXON- TRAINING $375.00 JPMORGAN CHASE BANK BEST BUY - SUPPLIES $412.80 JPMORGAN CHASE BANK DAVIS &STANTON- AWARD /R $394.00 JPMORGAN CHASE BANK DESERT SNOW- TRAINING $599.00 JPMORGAN CHASE BANK EVENTBRITE - TRAINING $170.31 JPMORGAN CHASE BANK HOBBY LOBBY - SUPPLIES $162.96 JPMORGAN CHASE BANK KUM &GO -GAS $88.15 JPMORGAN CHASE BANK LIBERTY FLAG - SUPPLIES $294.00 JPMORGAN CHASE BANK LOWES- SUPPLIES $72.30 JPMORGAN CHASE BANK O'REILLY -PARTS $29.18 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $279.44 JPMORGAN CHASE BANK PEAVEY- SUPPLIES $73.36 JPMORGAN CHASE BANK PEAVY- SUPPLIES $67.17 JPMORGAN CHASE BANK PET SPL PLUS- SUPPLIES $159.96 JPMORGAN CHASE BANK PETSMART- SUPPLIES $82.99 JPMORGAN CHASE BANK QUIT BUGGIN -SVCS $195.00 JPMORGAN CHASE BANK SAMS CLUB - SUPPLIES $20516 JPMORGAN CHASE BANK SAMS- SUPPLIES $630.96 JPMORGAN CHASE BANK SAV- ON- LABELS $125.00 JPMORGAN CHASE BANK SAV -ON- SUPPLIES $420.00 JPMORGAN CHASE BANK SUMNERONE- RENTAL $664.71 JPMORGAN CHASE BANK TARGET - SUPPLIES $14.00 JPMORGAN CHASE BANK TEESPRING- SUPPLIES $142.41 7 Claims List - 11/2/2021 Fund Vendor Name Payable Description Payment Amount 38 SALES TAX POLICE JPMORGAN CHASE BANK THOMSON WEST- SUBSCRIP $424.55 JPMORGAN CHASE BANK TRACTOR SPLY- SUPPLIES $44.99 JPMORGAN CHASE BANK TRAVEL EXPENSE 10/18 $8.60 JPMORGAN CHASE BANK TRAVEL EXPENSE 1014 $970.78 JPMORGAN CHASE BANK TRAVEL EXPENSE 1018 $192.00 JPMORGAN CHASE BANK TRAVEL EXPENSE 9120 $1,035.25 JPMORGAN CHASE BANK USPS- SHIPPING $8.51 JPMORGAN CHASE BANK ZIEGLER ART -AWARD $150.00 TREASURER PETTY CASH TOWING FEES $551.24 TREASURER PETTY CASH TRAINING EXP -GRAY $80.00 TREASURER PETTY CASH TRAVEL EXP- LAWSON $134.00 SALES TAX FUND - POLICE -Total $36,839.70 SALES TAX POLICE -Total $36,839.70 39 SALES TAX STREETS BILL BASORE TRUCKING & EXCAVATION, SEPTEMBER DIRT $108.33 BLUE ENERGY FUELS LLC CNG FUEL PURCHASE SEPT 21 $204.60 CITY GARAGE CITY GARAGE PARTS SEPT 21 $3,103.72 CONSOLIDATED TRAFFIC CONTROLS, INC SUPPLIES $2,448.00 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES SEPT 21 $1,485.81 JPMORGAN CHASE BANK AMAZON- SUPPLIES $255.41 JPMORGAN CHASE BANK ATWOODS- CHAINS $11.48 JPMORGAN CHASE BANK ATWOODS- SUPPLIES $66.88 JPMORGAN CHASE BANK BROWN CO -PARTS $102.00 JPMORGAN CHASE BANK BROWN CO- SUPPLIES $450.76 JPMORGAN CHASE BANK BROWN CO- TAMPER $295.00 JPMORGAN CHASE BANK BUM122BUMP- MATERIALS $203.06 JPMORGAN CHASE BANK EQUIP ONE - CONCRETE $380.50 JPMORGAN CHASE BANK FASTENAL- MATERIALS $90.02 JPMORGAN CHASE BANK GRAINGER -PPE $59.59 JPMORGAN CHASE BANK LOCKE SPLY -LIGHT $522.43 JPMORGAN CHASE BANK LOWES -FIRE EXTINGUISH $155.88 JPMORGAN CHASE BANK LOWES -FORM BOARDS $183.00 JPMORGAN CHASE BANK LOWES- MATERIALS $46.60 JPMORGAN CHASE BANK LOWES- SUPPLIES $48.92 JPMORGAN CHASE BANK LOWES -TOOL KIT $139.00 JPMORGAN CHASE BANK OK PUBL SAFETY -CDL $74.36 JPMORGAN CHASE BANK OK PUBL SAFETY -FEE $78.52 JPMORGAN CHASE BANK OOLOGAH TAG -CDL RENEW $117.59 JPMORGAN CHASE BANK ROADSAFE -CONES $860.00 JPMORGAN CHASE BANK SHELTON - CONCRETE $1,136.25 JPMORGAN CHASE BANK TIMMONS -FUEL $794.08 JPMORGAN CHASE BANK WHITE STAR -PARTS $144.65 C Claims List - 11/2/2021 Fund Vendor Name Payable Description Payment CAPITAL IMPROVEMENTS •Total Amount 39 SALES TAX STREETS LEMKE LAND SURVEYING SURVEY $1,450.00 PINKLEY SALES REPAIR $535.00 SIGNALTEK INC OCTOBER 2021 MAINT $1,435.00 SIGNALTEK INC SEPTEMBER 2021 SERVICE CA $42.75 SPOK INC. PAGER USE $147.10 TULSA COUNTY HIGHWAY SIGNS $268.30 CONSTRUCTION HOOTEN -PARTS $174.08 UNIFIRST HOLDINGS LP UNIFORM SERVICES $218.70 VERDIGRIS VALLEY ELECTRIC COOP 116/129 TRAFFIC SIGNA $71.41 VERDIGRIS VALLEY ELECTRIC COOP CHAMPION STREET LIGHT $72.47 VERDIGRIS VALLEY ELECTRIC COOP SECURITY LIGHT $5.78 WASHINGTON CO RURAL WATER 116 LANDSCAPE IRRIG $244.10 DISTRICT SPRINGDALE -PARTS $105.86 SALES TAX FUND-STREETS -Total UNITED FORD -PARTS $18,059.05 SALES TAX STREETS -Total $18,059.05 40 CAPITAL IMPROVEMENTS JPMORGAN CHASE BANK AMAZON- ACCESSORIES $44.99 JPMORGAN CHASE BANK AMAZON -TOOL MOUNTS $29.05 JPMORGAN CHASE BANK AMAZON -TOOLS $174.86 JPMORGAN CHASE BANK HOME DEPOT -TOOLS $1,077.54 JPMORGAN CHASE BANK LOWES -TOOLS $7,98 JPMORGAN CHASE BANK WS DARLEY- ACCESSORIES $2,336.74 CIP FIRE DEPT VEHICLES -Total DOERNER, SAUNDERS, DANIEL 8 CIP GARN RD WIDE 106.116 -Total PARAGON CONTRACTORS, LLC SVC ROAD 116TH 8137TH -Total ATTORNEY FEES FOR 106 -116 137 E AVE EXTENSION PROJE $3,671.16 $1,101.21 $1,101.21 $105,867.28 $105,867.28 CAPITAL IMPROVEMENTS •Total $110,639.65 70 CITY GARAGE FLEETCOR TECHNOLOGIES FUELMAN EXPENSES SEPT 21 $80.40 JPMORGAN CHASE BANK BLT HEADLIGHTS -PARTS $458.38 JPMORGAN CHASE BANK BUMP2BUMP -PARTS $1,960.91 JPMORGAN CHASE BANK COMMERCIAL POWER -REPA $1,595.00 JPMORGAN CHASE BANK COMMPOWER- REPAIR $360.00 JPMORGAN CHASE BANK DITCH WITCH -PARTS $230.70 JPMORGAN CHASE BANK HOOTEN -PARTS $174.08 JPMORGAN CHASE BANK JIM GLOVER -PARTS $580.94 JPMORGAN CHASE BANK LENOX - TOWING $85.00 JPMORGAN CHASE BANK MATTHEWS FORD -FUEL CO $10.15 JPMORGAN CHASE BANK OFFICE DEPOT -STAMP $12.19 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $9.49 JPMORGAN CHASE BANK SPRINGDALE -PARTS $105.86 JPMORGAN CHASE BANK UNITED FORD -PARTS $554.37 Claims List - 11/2/2021 Fund Vendor Name Payable Description Payment Amount 70 CITY GARAGE JPMORGAN CHASE BANK WARREN CAT -PARTS $185.76 JPMORGAN CHASE BANK YELLOWHOUSE -PARTS $120.03 UNIFIRST HOLDINGS LP UNIFORM RENTAL $69.72 CITY GARAGE -Total $6,593.00 CITY GARAGE -Total $6,593.00 76 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS $6,846.11 WORKERS' COMP SELF -INS -Total $6,846.11 WORKERS' COMP SELF -INS -Total $6,846.11 77 GENERAL LIABILITY - PROPERT HALL, ESTILL, HARDWICK, GABLE, LEGAL SERVICE FEES $1,494.64 MICHAEL C WACKENHUTH ESTIMATE FOR SERVICE $190.00 GEN LIAB -PROP SELF INS - Total $1,684.64 GENERAL LIABILITY - PROPERT • Total $1,684.64 78 HEALTHCARE SELF INS FUND JPMORGAN CHASE BANK MCKESSON -FLU SHOTS $2,285.14 SELF -INS HEALTHCARE -Total $2,265.14 JPMORGAN CHASE BANK AMAZON- SUPPLIES $20.00 JPMORGAN CHASE BANK SAMS CLUB - SUPPLIES $16.95 WELLNESS -Total $36.95 HEALTHCARE SELF INS FUND -Total $2,322.09 City Grand Total $331,190.35 10 TO: The Honorable Mayor and City Council FROM: Jason Woodruff Deputy Chief of Police SUBJECT: Acceptance of Department of Justice Vest Grant and a budget amendment DATE: October 29, 2021 BACKGROUND: The Owasso Police Department is committed to the safety of officers serving the community. Every full -time and reserve police officer is provided a bullet resistant vest to support the objective of optimizing the safety of officers. Bullet resistant vests expire after five years of use and therefore are replaced every five years. For many years, the Police Department has partnered with the Department of Justice (DOJ) through a grant program that pays for fifty - percent of the cost of the vests. The cost of the vests varies, but can reach nearly $1,000.00 per vest. As in years past, the Police Department has been awarded a grant by the DOJ.. The amount of this year's grant is $5,477.55. This grant is provided through the Bulletproof Vest Partnership Program. In order to participate in the program, there is a requirement that the department only purchase DOJ approved bullet resistant vests. Once purchased, the department seeks reimbursement from the DOJ. RECOMMENDATION: Staff recommends acceptance of the Department of the Justice Vest Grant and approval of a budget amendment in the General Fund, increasing estimated revenues and the appropriation for expenditures in the Police Department by $5,477.55. TO: The Honorable Mayor and City Council FROM: Juliann M. Stevens, City Clerk SUBJECT: Budget Amendment - 2021 Community Development Block Grant (CDBG) DATE: October 29, 2021 BACKGROUND: On September 7, 2021, the City Council approved the 2021 CDBG Contract for Public Improvements between Tulsa County and the City of Owasso in the amount of $272,303.00, for the 2021 CDBG Hale Acres Sanitary Sewer Line Rehabilitation Project. This amount is an increase over the anticipated allocation. The approved FY 2021 -2022 Budget includes an estimate of revenue from the annual CDBG allocation of $150,000.00; therefore, a budget amendment is being requested in order to spend the additional $122,303.00 on the sewer project. RECOMMENDATION: Staff recommends approval of a budget amendment in the Capital Improvement Grants Fund, increasing the estimate of revenues and the appropriation for expenditures by $122,303.00. TO: The Honorable Mayor and City Council FROM: Jason Woodruff Deputy Chief of Police SUBJECT: Police Vehicle Purchase DATE: October 29, 2021 BACKGROUND: Per Owasso Ordinance, a competitive bidding process is not required for the purchase of equipment when purchased for an amount not exceeding a price set by a state purchasing agency. This purchasing rule is also applicable if a dealership can match the price of the approved state contract price, even if the dealership was not awarded the state bid. John Vance Ford of Guthrie, Oklahoma, has agreed to match the State of Oklahoma contract pricing for five (5) 2021 Ford Explorer AWD pursuit -rated vehicles. The cost for the vehicles based on state pricing, is $35,473.00 per vehicle, for a total amount of $177,365.00 FUNDING: City Council approved Resolution 2017 -05, which added the purchase of public safety vehicles as eligible expenditures from the Capital Improvements Fund. The purchase of police vehicles is included in the FY 2022 Budget and funding is available in the Capital Improvements Fund. RECOMMENDATION: Staff recommends approval to purchase five (5) 2021 Ford Explorer police vehicles in an amount not to exceed $35,473.00 per vehicle, from John Vance Ford of Guthrie, Oklahoma, utilizing State of Oklahoma approved contract SW035 -4568. ATTACHMENT: Sales Quote from Vance Ford VANCE COUNTRY FORD FLEET & GOVERNMENT SALES PO BOX 1600, GUTHRIE, OK 73044 405 - 2823800 JOHNVAANCE FLEET SERVICES QUOTE SOLD TO: SHIP TO: City of Owasso Police Dept City of Owasso Police Dept TRACY TOWNSEND TRACY TOWNSEND 111 N. Main 111 N. Main Owasso, OK 74055 Owasso, OK 74055 (918)376.1569 0181376 -1569 Qty OPTION Description $0.00 SW035 OKLAHOMA STATE CONTRACT DATE QUOTE NUMBER EXPIRATION DATE SHIP VIA 6/11/2021 OOOQ7544 11/5/2021 Stock Purchase TERMS SW035 - STATE CONTRACT Any Questions? Call 405. 2823800 Britt Woods Unit Price Ext. Price 5 KSA 2021 FORD POUCE INTERCEPTOR SUV $33,472.00 $167,360.00 5 AWD ALL WHEEL DRIVE $0.00 5 99B ENGINE: 3.3L V6 DIRECT INJECTION NON HYBRID 5 44U TRANSMISSION: 10 SPEED AUTOMATIC 5 500A PI SUV EQUIPMENT PACKAGE 17A AUX CLIMATE CONTROL 5 43D COURTESY LAMP DELETE DARK CAR $25.00 $125.00 5 51R DRIVER SIDE LED SPOT LAMP 55F REMOTE KEYLESS ENTRY 4FOBS $330.00 $1,650.00 5 60A WIRING GRILL LAMP SIREN SPEAKERS $49.00 $245.00 60R NOISE SUPPRESSION STRAPS $96.00 $480.00 CC CRUISE CONTROL 87R RR VIEW MIRROR /CAMERA 549 HEATED SIDE MIRRORS 76D FRONT DEFLECTOR PLATE $325.00 $1,625.00 61B OBD -II SPLIT CONNECTOR $52.80 $264.00 66A FRONT LIGHTING SOLUTIONS $859.20 $4,296.00 76R REVERSE SENSING SYSTEM $264.00 $1,320.00 VFC VINYL FLOOR COVERING - $50.00 - $250.00 96 INT COLOR: EBONY CLOTH FRONT /VINYL REAR UM EXT COLOR: AGATE BLACK 10 KEYS TWO EXTRA KEYS PER UNIT $25.00 $250.00 Accepted By: Terms: 1) TAG Et TAXES ARE NOT INCLUDED UNLESS ITEMIZED ON QUOTE 2) ALL REBATES Ft INCENTIVES HAVE BEEN INCLUDED IN TOTAL PRICE. 3) PURCHASE ORDER REQUIRED TO ORDER VEHICLE SUB -TOTAL TOTAL DUE $177,365.00 $177,365.00 1 of 2 JOHN ANCE John Vance Motors —Vance County Ford —Vance Chevrolet P.O. Box 400 Guthrie, OK 73044 405 -282 -3800 h eath erCa?va ncefleet. com sales @vancefleet.com Order Fulfillment Information Request Purchase Order # Please provide the following information for EACH Purchase Order number you submit. Thank you! Order Contact Person Agency Name Placing Order (Division or Dept.) Phone Fax Email Address Financing? Yes No Lien Fling Lienholder Name Lienholder Address City State Zip Lienholder Code Payment Contact Information Primary Contact Name Mailing Address City State Zip Email Address Phone Vehicle(s) Delivery Contact Name Phone Address City State Zip Special Delivery Instructions Thank you for your Business!! *Please attach your State Sales Tax Exempt Certificate, and a current copy of the vehicle registration, if it needs to appear different from the address above. 2 oft TO: The Honorable Mayor and City Council FROM: Earl Farris Project Administrator SUBJECT: Acceptance and Final Payment - East 106th Street North and North 145th East Avenue Intersection Improvement Project DATE: October 29, 2021 BACKGROUND: In August 2020, City Council awarded a contract to Diversified Civil Contractors, LLC, of Broken Arrow, Oklahoma, in the amount of $2,795,335.00, for intersection improvements. Work within the contract included: • Removal of all existing roadway • Preparation of subgrade • Install two straight through lanes in each direction • Install dedicated left turn lanes • Install dedicated tight turn lanes for south bound and west bound to south bound traffic • New storm drainage system • New traffic signalization Improvements were completed in September 2021, with all work meeting standards for acceptance. A final payment of $137,011.30 will result in a final contract amount of $2,635,726.06, a contract underrun of $159,608.94. FUNDING: Funding for this project is included in the Capital Improvements Fund. RECOMMENDATION: Staff recommends acceptance of the East 1061h Street North and North 145 +h East Avenue Intersection Improvement Project and authorization for final payment to Diversified Civil Contractors LLC, of Broken Arrow, Oklahoma, in the amount of $137,011.30. ATTACHMENTS: Final Pay documents Location Map Intersection Widening & Resurfacing E. 106th St. N. & 145th E. Ave EXTENSION OF TIME REQUEST DATE: 817112021 CONTRACTOR: DlverelRed Clvll Contractors, LLC ADDRESS: 7848 S. Elm Place, Broken Arrow, OK 74011 DESCRIPTION OF CONTRACT: Intersection WIdening & Resurfacing E. 106th St N. & 148th E. Ave EXTENSION OF CONTRACT TIME REQUIRED: YES X NO TOTAL OF EXTENSION TIME REQUESTED: IF YES GIVE REASON: SIGNATURE- CONTRACTOR CONSULTING ENGINEER OR DEPARTMENT OF PUBLIC WORKS STAFF RECOMMENDATIONS APPROVED: REJECTED: REASON: SIGNATURE DATE CLAIM OR INVOICE AFFIDAVIT STATE OF OKLAHOMA )SS COUNTY OF Tulsa 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 famished 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. Diversified Civil Contractors, LLC Contractor or Supplier to before me this 31 day of August Commission My Commission Expires: Architect, Engineer or other Supervisory Official Subscribed and sworn to before me this day of Notary Public Commission A My Commission Expires: 2021 NOTE: Strike out words not appropriate and sign appropriate signature line. Architect, Engineer approval is not required for Contractor or Supplier Affidavit. Print Form CONTRACTOR'S FINAL RELEASE AND WAIVER OF LIEN ProfecU Owner Contractor Project: 1061h&1451h lntomacum Wdening&improvements Pm7ec1 Name: Diversified Civil Contractors, LLC Address: 200 South Main Owasso city Owner: City of Owasso OK 74056 Stale Zip Code TO ALL WHOM IT MAY CONCERN: Address: 7848 S Elm PI Broken Arrow CK 74011 city State Zip Cade Contractor Licence: Contract Date: 8 / 18 /2020 For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned Contractor hereby waives, discharges, and releases any and all liens, claims, and rights to liens against the above - mentioned project, and any and all other property owned by or the title to which is in the name of the above - referenced Owner and against any and all funds of the Owner appropriated or available for the construction of said project, and any and all warrants drawn upon or issued against any such funds or monies, which the undersigned Contractor may have or may hereafter acquire or possess as a result of the furnishing of labor, materials, and /or equipment, and the performance of Work by the Contractor on or In connection with said project, whether under and pursuant to the above - mentioned contract between the Contractor and the Owner pertaining to said project or otherwise, and which said liens, claims or rights of lien may arise and exist. The undersigned further hereby acknowledges that the sl One hundred thirtv seven thousand eleven dollars Dollars ($137,011.30 ) constitutes the entire unpaid balance due the undersigned in connection with said project whether under said contract or otherwise and that the payment of said sum to the Contractor will constitute payment in full and will fully satisfy any and all liens, claims, and demands which the Contractor may have or assert against the Owner in connection with said contract or project. Dated this Wit to Signature: Contractor By: Title: Page 1 of 1 106th & 145th Intersection Improvements Location Map 09/08/2021 TO: The Honorable Mayor and City Council FROM: Earl Farris Project Administrator SUBJECT: Acceptance and Authorization for Final Payment 2020 Elm Creek Park Pond Improvement Project DATE: October-29,2021 BACKGROUND: In July 2020, the City Council awarded a contract to Native Plains Excavation & Contracting LLC, of Bixby, Oklahoma, in the amount of $891,391.01. Work within the contract included installation of wave protection material to protect the pond dam from erosion, removal of silt and re- sloping of the dam. Additional work included installation of an outflow structure to control flow rates downstream during storm events and re- establishing the walking trail and vegetation adjacent to the pond. Improvements were completed in October 2021, with all work meeting standards for acceptance. A final payment of $32,761.21, which includes $10,200.00 in liquidated damages, results in a final contract amount of $849,024.16, a contract underrun of $42,366.85 FUNDING: Funding for this project is available in the Stormwater Fund. RECOMMENDATION: Staff recommends acceptance of the 2020 Elm Creek Pond Improvement Project and authorization for final payment to Native Plains Excavation & Contracting LLC of Bixby, Oklahoma, in the amount of $32,761.21. ATTACHMENTS: Location Map Final Pay Documents Elm Creek Pond Improvements 1" = 453 ft Location Map 10/13/2021 This map may represents a visual oisplav of related geographic information. Data provided here on is not guarantee of acutual field conditions. To be sure of coriplete accuracy, please contactthe for responsible staff most up- to-date information. APPLICATION AND CERTIFICATE FOR PAYMENT TOOWNER: The Gry of Owasso 200 South Main Owasso,OK74055 2020 Elm Creek Park Pond Improvements FOR CONIMCfoR: FROM ENGINEER: Native Plains Excavation & Contracting, LLC PO Box 279 Bixby, OK 74008 PERIODTNRU: October 6, 2021 PROIECr NOs 27- 370 - 194 -54230 PO 20220112 COWMCr TIME 180 CALENDAR DAYS ALA DOOdMENTG702 NIP EFFECAVE DATE: Odoher22, 2020 CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned contractor oert ffe, that to the bas[ of the rantnROl's knowledge, Application u made for Payment. mahown below, In now.o w with the Cantam information and belieFthe Work covered by thls Appriolion for Payment ha been continuation Sheet AW Document G703,4 attached. mmpletedin accordance with the contract DoonowD, that all amounts have been pawl by 1. ORIGINAL CONTRACT SUM the Contractor for Wo,k hi wevloua CartlRates for Payment were Issued aad $ 891,391.01 payments recehedfrom the Owner, and that eumnt Payment shown herein is new due 2. Net change by Change Orders $ 0.00 am CONTRACTOR: NATIVE PLAINS EXCAVATION& CONTRACTING, LLC 3. CONTRACT SUM TO DATE (Une 1+ 2) 4. TOTAL COMPLETED (column G en GTm) S. RETAINAGE: a.S% of Completed Work 0.00 (CeWmm D. E w G W) b.5% of Stored Materials $ (Column F an Was Total Retainage (Line Sa +Sb or .M.'a CeNmn l of G1031 6. TOTAL EARNED LESS RETAINAGE (11M a 10S Um s Tend) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT (Line 6 from prior [ertMiate) LIQUIDATED DAMAGES 8. CURRENT PAYMENT DUE 9. BALANCE TO FINISH, INCLUDING RETAINAGE $ 891,39LM $ 899,224.16 State oto ahama counryof Tulsa $ 0.00 / $ 859,224.16 $ 816,262.95 $ - 10,200.00 $ 32,76L21 $ 0 Notary Date: 101, 2 2d21 DANAnal - f Notary Public, State cf Oklahoma COmrnission N 79000918 nmmission ExpitOS 07 -25 -2023 RESIDENT ENGINEER'S CERTIFICATE FOR PAYMENT In accordance with the orntactoccumeno, based on anslte cheennatlom and the dan mmprkin i this apPllatkm, the Resident Engine.r.ranes to the Owner that to the best of the Ro ldent Engineeer imowledge, 1.1 onatlon and belief the Workhas progressed as inolatee, the xvaliryofthe Work k lnacmrdaree wahthe Conned Document, and the Contamr b m0ded to payment otthe AM OUM CEROOED. IFINALAMOUNT CERTIFIED THIS APPLICATION. $32,761.21 I EF (AttoM orpbnoNanyfemounetWfiedtlbersJrom the pmountapPHedfer. Waladmirfgoulaw thh APPD<atlan and on Me [mdNUVNan Shett Mot arc changed m mrYnrtn to M e pmovnt mtifiedJ RESIDENT ENGINEER: BY. Dare: This Cerdnate is not negotitbk. The AMOUM CERTINED is payable only to Me Owbadw namniherein. hsuarla,RMUtaMac pUnm OfMMentaMwiMmtprejudfce toamy dRhts of the Owner or contactor undcrthk Contntt Toal Manger appromd In ,eview monhs by0wner Total A ved this MOnN TOTALS! 5 5 NEr CHANGES byCharg. Order gOdp Notary Date: 101, 2 2d21 Notary Public, State cf Oklahoma COmrnission N 79000918 nmmission ExpitOS 07 -25 -2023 RESIDENT ENGINEER'S CERTIFICATE FOR PAYMENT In accordance with the orntactoccumeno, based on anslte cheennatlom and the dan mmprkin i this apPllatkm, the Resident Engine.r.ranes to the Owner that to the best of the Ro ldent Engineeer imowledge, 1.1 onatlon and belief the Workhas progressed as inolatee, the xvaliryofthe Work k lnacmrdaree wahthe Conned Document, and the Contamr b m0ded to payment otthe AM OUM CEROOED. IFINALAMOUNT CERTIFIED THIS APPLICATION. $32,761.21 I EF (AttoM orpbnoNanyfemounetWfiedtlbersJrom the pmountapPHedfer. Waladmirfgoulaw thh RESIDENT ENGINEER: BY. Dare: This Cerdnate is not negotitbk. The AMOUM CERTINED is payable only to Me Owbadw namniherein. hsuarla,RMUtaMac pUnm OfMMentaMwiMmtprejudfce toamy dRhts of the Owner or contactor undcrthk Contntt CLAIM OR INVOICE AFFIDAVIT STATE OF OKLAHOMA ) 2020 ELM CREEK PARK POND )SS IMPROVEMENTS COUNTY OF TULSA 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 fiunished 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. Jason Penland Contrgwrwupplior Subscribed and sworn to before me this day of Potary Public / JANA WATSON Notary Public, State of Oklahoma Commission 018000918 [IMY Commission Expires 01 -25 -2023 M Commission Architect, Engineer or other Supervisory Official Subscribed and sworn to before me this day of Notary Public Commission # My Commission Expires: NOTE: Strike out words not appropriate and sign appropriate signature line. Al hitoot, Engineer approval is not required for Contractor or Supplier Affidavit. AGRAA NP 0619 00300 -Page 11 of 14 CONTRACTOR'S FINAL RELEASE AND WAIVER OF LIEN Project/ Owner Contractor Project: 2020 Elm Creek Park Pond Improvements Name: Native Plains Excavation & Contracting LLC Address: 200 South Main Owasso OK 74055 City State Zip Code Owner: City of Owasso TO ALL WHOM IT MAY CONCERN: Address: PO Box 279 Bixby OK 74008 City State Zip Code Contractor Licence: Contract Date: 7 / 21 /2020 For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned Contractor hereby waives, discharges, and releases any and all liens, claims, and rights to liens against the above - mentioned project, and any and all other property owned by or the title to which is in the name of the above - referenced Owner and against any and all funds of the Owner appropriated or available for the construction of said project, and any and all warrants drawn upon or issued against any such funds or monies, which the undersigned Contractor may have or may hereafter acquire or possess as a result of the furnishing of labor, materials, and /or equipment, and the performance of Work by the Contractor on or in connection with said project, whether under and pursuant to the above - mentioned contract between the Contractor and the Owner pertaining to said project or otherwise, and which said liens, claims or rights of lien may arise and exist. The undersigned further hereby acknowledges that Thirtv two thousand seven hundred sixtv one L)ollars ($32,769.21 ) constitutes the entire unpaid balance due the undersigned In connection with said project whether under said contract or otherwise and that the payment of said sum to the Contractor will constitute payment in full and will fully satisfy any and all liens, claims, and demands which the Contractor may have or assert against the Owner in connection with said contract or project. Witness to Signature: Contractor By: By: Title: Page 9 of 1 TO: The Honorable Mayor and City Council FROM: Daniel Dearing, P.E. Assistant City Engineer SUBJECT: East 116th Street North and Mingo Road Drainage Study Agreement for Engineering Services DATE: October 29, 2021 BACKGROUND Owasso Public Works Authority Trustees approved Resolution 2020 -02, relating to the purchase of land at 11301 North Mingo Road and 10000 East 116th Street North for the purpose of constructing City facilities, such as Public Works, Support Services, and Parks, as well as construction of a regional stormwater detention area. As a part of the purchase of land along East 116th Street North and along Mingo Road, the City agreed to provide grading work along a portion of Ranch Creek in order to maximize the flood storage, and reduce the flood plain footprint on the remaining private tract of land. An engineering study must be performed to provide a proposed plan in which the appropriate fill and excavation measures can be completed to maximize the use of the land without causing a negative impact. In addition, the future City facilities will need drainage improvements to prevent negative impacts to Ranch Creek, and downstream properties. Stormwater detention analysis is critical to not only address the drainage impacts, but to also establish where the drainage facility's best - suited location is on the site, thus establishing the remaining footprint for the future City facilities. A preliminary study is needed to determine the conceptual location and size for this proposed detention facility. Also, the previously completed Country Estates Drainage Study determined that one of the problems in Country Estates was the lack of stormwater storage volume in the current detention pond, causing backwater into the neighborhood storm drainage system. Consultants determined there is not enough land available at the current pond location to construct the appropriate volume, therefore a further study could evaluate whether the downstream property at East 116th Street North and Mingo Road could be used as an alternative site. PROPOSED SINGLE STUDY: Staff determined that the most cost - effective solution for each of the needed studies, was to utilize one engineering firm to perform an overall study. Combining the studies would eliminate the duplication of building separate hydrology models and hydraulic models. A single study would incorporate each impact together instead of individual studies, where individual models may have different results that could then alter the accuracy of the conditions built into the other individual models. In late summer of 2021, Public Works staff met with Freese & Nichols, Inc., to discuss preparing a scope of services for study and analysis. Freese & Nichols, Inc., performed the Country Estates Drainage Study that was completed earlier this year and already has a basis in which to start a study. They are a respected stormwater consulting firm in the Tulsa area and the project manager has many years' experience with Owasso stormwater issues while working for another firm. 116 & Mingo Drainage Study Page 2 ENGINEERING AGREEMENT /SCOPE OF WORK: The scope of services is proposed in two phases. Phase I is to analyze the potential impacts of proposed excavation, and the placement of fill along a portion of Ranch Creek. Phase II will be to investigate detention alternatives to mitigate known flooding concerns and also drainage impacts from future City facilities. FUNDING: Funding is available in the FY 2021 -2022 Stormwater Fund. RECOMMENDATION: Staff recommends approval of an Agreement for Engineering Services for the East 1 I61h Street North and Mingo Road Drainage Study with Freese &Nichols, Inc., Tulsa, Oklahoma, in the amount of $79,500 and authorization to execute the agreement. ATTACHMENTS: Location Map Engineering Agreement /Exhibits Subject Property 48.26 acres 14.29 acres Owasso Sports 1 " =752ft 1 Sub Title 1 10/12/2018 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK E. 116TH ST. N. & MINGO DRAINAGE STUDY THIS AGREEMENT, made and entered into this 2nd day of October, 2021, between the City of Owasso, Oklahoma, a Municipal Corporation, of Oklahoma, hereinafter referred to as CITY, and Freese & Nichols, Inc. , hereinafter referred to as ENGINEER; WITNESSETH: WHEREAS, CITY intends to Employ a professional ENGINEER to analyze the potential impacts of proposed excavation and the placement of fill along a portion of Ranch Creek. The proposed work is eg nerally located southeast of the intersection of E. 1161 Street North and N. 97th E. Avenue (Mingo Rd). The proposed earthwork is eg nerally bound to the north by E. 116Lh Street North, bound to the west by Mingo Road, bound to the east by the Railroad, and south by E. Ill Street North. In addition, ENGINEER will look at maximizing detention volumes within the same general footprint to offset future planned development and provide maximum benefit to downstream conditions. hereinafter referred to as the PROJECT; and, WHEREAS, CITY requires certain professional services in connection with the PROJECT, hereinafter referred to as the SERVICES; and, WHEREAS, ENGINEER, is prepared to provide such SERVICES; WHEREAS, funding is available for the PROJECT through the Budget; NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: 1. SCOPE OF PROTECT. The scope of the PROJECT is described in Attachment A, SCOPE OF PROTECT, which is attached hereto and incorporated by reference as part of this AGREEMENT. 2. SERVICES TO BE PERFORMED BY ENGINEER. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, which is attached hereto and incorporated by reference as part of this AGREEMENT. 3. CITY'S RESPONSIBILITIES. CITY shall be responsible for all matters described in Attachment C, RESPONSIBILITIES OF THE CITY, which is attached hereto and incorporated by reference as part of this AGREEMENT. 4. COMPENSATION. CITY shall pay ENGINEER for all professional services rendered under this AGREEMENT. ENGINEER shall perform professional services as outlined in the "SCOPE OF PROJECT" which is attached hereto and incorporated by reference as part of this AGREEMENT for a lump sum fee of Seventy -Nine Thousand Five Hundred Dollars ($79,500.00). AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS _116TH_MINGO_DRAINAGESTUDY Gi 5. SCHEDULE. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, in accordance with the schedule set forth in Attachment F, SCHEDULE, attached hereto and incorporated by reference as part of this AGREEMENT. 6. STANDARD OF PERFORMANCE. ENGINEER shall perform the SERVICES undertaken in a manner consistent with the prevailing accepted standard for similar services with respect to projects of comparable function and complexity and with the applicable laws and regulations published and in effect at the time of performance of the SERVICES. The PROJECT shall be designed and engineered in a good and workmanlike manner and in strict accordance with this AGREEMENT. All engineering work shall be performed by or under the supervision of Professional Engineers licensed in the State of Oklahoma, and properly qualified to perform such engineering services, which qualification shall be subject to review by CITY. Other than the obligation of the ENGINEER to perform in accordance with the foregoing standards, no warranty, either express or implied, shall apply to the SERVICES to be performed by the ENGINEER pursuant to this AGREEMENT or the suitability of ENGINEER'S work product. 7. LIMITATION OF RESPONSIBILITY. 7.1. ENGINEER shall not be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the PROJECT. 7.2. The presence of ENGINEER's personnel at a construction site is for the purpose of providing to the CITY a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). 7.3. In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and /or execution. These conditions and cost /execution effects are not the responsibility of ENGINEER. 7.4. Record drawings will be prepared, in part, on the basis of information compiled and fumished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. ENGINEER is not responsible for any errors or omissions in the information from others that are incorporated into the record drawings. 7.5. ENGINEER's deliverables, including record drawings, are limited to the sealed and signed hard copies. Computer - generated drawing files furnished AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS 116TH_MINGO_DRAINAGESTUDY C -2 by ENGINEER are for CITY or others' convenience. Any conclusions or information derived or obtained from these files will be at user's sole risk. 8. OPINIONS OF COST AND SCHEDULE. 8.1. Since ENGINEER has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors', subcontractors', or vendors' methods of determining prices, or over competitive bidding or market conditions, ENGINEER'S cost estimates shall be made on the basis of qualifications and experience as a Professional Engineer. 8.2. Since ENGINEER has no control over the resources provided by others to meet construction contract schedules, ENGINEER'S forecast schedules shall be made on the basis of qualifications and experience as a Professional Engineer. 9. LIABILITY AND INDEMNIFICATION. 9.1. ENGINEER shall defend and indemnify CITY from and against legal liability for damages arising out of the performance of the SERVICES for CITY, including but not limited to any claims, costs, attorney fees, or other expenses of whatever nature where such liability is caused by the negligent act, error, or omission of ENGINEER, or any person or organization for whom ENGINEER is legally liable. Nothing in this paragraph shall make the ENGINEER liable for any damages caused by the CITY or any other contractor or consultant of the CITY. For professional liability claims, ENGINEER shall reimburse CITY for all reasonable costs of defense in the same proportion ENGINEER is found liable; rather than "defend" as above. 9.2. ENGINEER shall not be liable to CITY for any special, indirect or consequential damages, such as, but not limited to, loss of revenue, or loss of anticipated profits. 10. CONTRACTOR INDEMNIFICATION AND CLAIMS. 10.1. CITY agrees to include in all construction contracts the provisions of Articles 7.1, and 7.2, and provisions providing contractor indemnification of CITY and ENGINEER for contractor's negligence. 10.2. CITY shall require construction contractor(s) to name CITY and ENGINEER as additional insureds on the contractors general liability insurance policy. 11. COMPLIANCE WITH LAWS. In performance of the SERVICES, ENGINEER shall comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. ENGINEER shall procure the permits, certificates, and licenses necessary to allow ENGINEER to perform the SERVICES. ENGINEER shall not be responsible for procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to ENGINEER in Attachment B, SCOPE OF SERVICES. 12. INSURANCE. AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBIT5116TH MINGO_ORAINAGESTUUY C -3 12.1. During the performance of the SERVICES under this AGREEMENT, ENGINEER shall maintain the following insurance: 12.1.1. General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. 12.1.2. Automobile Liability Insurance with bodily injury limits of not less than $1,000,000 for each person and not less than $1,000,000 for each accident and with property damage limits of not less than $100,000 for each accident. 12.1.3. Worker's Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance with limits of not less than $100,000 for each occurrence. 12.1.4. Errors and Omissions Insurance to remain in effect during the PROJECT and the term of any legal liability. Errors and Omissions coverage to be for a minimum of $1,000,000, deductibles subject to approval by CITY. 12.2. ENGINEER shall furnish CITY certificates of insurance which shall include a provision that such insurance shall not be canceled without at least 30 days written notice to the CITY. 13. OWNERSHIP AND REUSE OF DOCUMENTS. 13.1. All documents, including original drawings, estimates, specifications, field notes and data shall become and remain the property of the CITY. 13.2. CITY'S reuse of such documents without written verification or adaptation by ENGINEER for the specific purpose intended shall be at CITY'S risk. 14. TERMINATION OF AGREEMENT. 14.1. The obligation to continue SERVICES under this AGREEMENT may be terminated by either party upon fifteen days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 14.2. CITY shall have the right to terminate this AGREEMENT, or suspend performance thereof, for CITY'S convenience upon written notice to ENGINEER; and ENGINEER shall terminate or suspend performance of SERVICES on a schedule acceptable to CITY. In the event of termination or suspension for CITY'S convenience, CITY shall pay ENGINEER for all SERVICES performed to the date of termination in accordance with provisions of Attachment D, COMPENSATION. Upon restart of a suspended project, ENGINEER's contract price and schedule shall be equitably adjusted. 15. NOTICE. AGREEMENT FOR ENGINEERING SERVICES WITH ERHIBITS_116TH_MINGO DRAINAGESTUDY C-0 Any notice, demand, or request required by or made pursuant to this AGREEMENT shall be deemed properly made if personally delivered in writing or deposited in the United States mail, postage prepaid, to the address specified below. To ENGINEER: FREESE & NICHOLS, INC. 4200 Skelly Drive Suite 410 Tulsa, Oklahoma 74135 Attention: Kyle Cortiana, Project Manager To CITY: CITY OF OWASSO 301 W 2.d Avenue Owasso, Oklahoma 74055 Attention: Roger Stevens, Public Works Director 15.1. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of ENGINEER and CITY. 16. UNCONTROLLABLE FORCES. Neither CITY nor ENGINEER shall be considered to be in default of this AGREEMENT if delays in or failure of performance shall be due to forces which are beyond the control of the parties; including, but not limited to: fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage; inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either CITY or ENGINEER under this AGREEMENT; strikes, work slowdowns or other labor disturbances, and judicial restraint. 17. SEVERABILITY. If any portion of this AGREEMENT shall be construed by a court of competent jurisdiction as unenforceable, such portion shall be severed herefrom, and the balance of this AGREEMENT shall remain in full force and effect. 18. INTEGRATION AND MODIFICATION. This AGREEMENT includes Attachments A, B, C, D, E, and F and represents the entire and integrated AGREEMENT between the parties; and supersedes all prior negotiations, representations, or agreements pertaining to the SCOPE OF SERVICES herein, either written or oral. CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect ENGINEEWs cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. This AGREEMENT may be amended only by written instrument signed by each of the Parties. 19. DISPUTE RESOLUTION PROCEDURE. In the event of a dispute between the ENGINEER and the CITY over the interpretation or application of the terms of this AGREEMENT, the matter shall be referred to the City's Director of Public Works for resolution. If the Director of Public Works is unable to resolve the dispute, the matter may, in the Director's discretion, be referred to the City Manager for resolution. Regardless of these procedures, neither party shall be precluded from WITH E% HIBITS _116TH_MINGO_DRAINAGESTUDY C -5 exercising any rights, privileges or opportunities permitted by law to resolve any dispute. 20. ASSIGNMENT. ENGINEER shall not assign its obligations undertaken pursuant to this AGREEMENT, provided that nothing contained in this paragraph shall prevent ENGINEER from employing such independent consultants, associates, and subcontractors as ENGINEER may deem appropriate to assist ENGINEER in the performance of the SERVICES hereunder. 21. APPROVAL. It is understood and agreed that all work performed under this AGREEMENT shall be subject to inspection and approval by the Public Works Department of the City of Owasso, and any plans or specifications not meeting the terms set forth in this AGREEMENT will be replaced or corrected at the sole expense of the ENGINEER. The ENGINEER will meet with the City staff initially and twos thereafter and will be available for public meetings and City of Owasso presentations. 22. KEY PERSONNEL. In performance of the SERVICES hereunder, ENGINEER has designated Kyle Cortiana as Project Manager for the PROJECT. ENGINEER agrees that no change will be made in the assignment of this position without prior approval of CITY. IN WITNESS WHEREOF, the parties have executed this AGREEMENT in multiple copies on the respective dates herein below reflected to be effective on the date executed by the Mayor of the City of Owasso. FREESE AND NICHOLS, INC. APPROVED: H. Halfey, PE Principal /Vices Presiidentt Date 9" 0 CITY OF OWASSO, OKLAHOMA Juliann M. Stevens, City Clerk Bill Bush, Mayor Date APPROVED AS TO FORM: Julie Lombardi, City Attorney SERVICES WITH EXHISITS 116TH- MINGG_DRAINAGESTIIGY G6 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK E. 116TH ST. N. & MINGO DRAINAGE STUDY Scope of Project Attachment A SCOPE OF PROTECT. The PROJECT shall consist of civil engineering SERVICES described as follows: The SCOPE of services for this project is to analyze the potential impacts of proposed excavation and the placement of fill along a portion of Ranch Creek and to investigate detention alternatives to mitigate known flooding concerns. There is an ongoing roadway widening project of E. 116th Street North which will be incorporated into the earthwork and hydraulic analysis for this project. The proposed earthwork is generally bound to the north by E. 116th Street North, bound to the west by Mingo Road, bound to the east by the Railroad, and south by E. 1116, Street North as shown in Figure 1. The SCOPE of this project is broken into two (2) phases and illustrated in Figure 2. The intent of Phase I is to place fill on the lot(s) located immediately southeast of the intersection of E. 116th Street North and Mingo Road to maximize developable land. Phase I will assume the E. 116th Street widening project is complete. The current lot(s) are located within the FEMA regulatory floodplain and floodway which will require compensatory storage requirements to be analyzed. The proposed excavation for any necessary compensatory storage requirements is to be excavated from the same lot(s) which are being filled. The Phase I analysis will require obtaining the Effective FEMA Hydraulic Model for Ranch Creek, updated survey from the CITY for proposed project limits, updated surfaces for the 116th Street widening project, existing contours from the CITY for areas outside of proposed project limits but relevant to creating an overall proposed surface for volumes, updating the Effective Model with a Duplicate Effective Model, and analyzing one (1) alternative for feasible cut /fill volumes which provide adequate compensatory storage mitigating adverse impacts to the FEMA regulatory floodplain /floodway. The detailed analysis will include approximately 2,900 linear feet of Ranch Creek with the downstream limit of study located at N. Mingo Road. The findings will be summarized in a report and provided to the CITY. The approved alternative will represent the Proposed Conditions Model and be submitted to the CITY for future use. Phase II is located within the same footprint as Phase I but is limited to the east side of Ranch Creek. Phase II will consider future conditions which includes the proposed grading identified in Phase I, E. 116th Street widening project, and the planned development of the Municipal Complex. Phase II will identify up to two (2) alternatives for maximizing stormwater detention volumes as to offset increases in discharge due to future development and provide mitigation to address the existing flooding concerns just downstream where SERVICES WITH EXHIBITS-1 16TH MINGO_DRAINAGESTUDY C2 Ranch Creek crosses Mingo Road. The detention alternatives will focus on mitigating the runoff associated with the unnamed tributaries draining from the east. Phase II will also take into consideration a potential upstream detention project located near Country Estates neighborhood. The findings will be summarized in a separate report from the Phase I findings and submitted to the CITY. If any of the proposed alternatives for Phase II require grading within the FEMA floodplain and /or floodway, the Proposed Conditions Model from Phase I will be updated as needed. The intent of Phase I and Phase II studies is to avoid the FEMA floodway and avoid the need for a Conditional Letter of Map Revision (CLOMR). If a CLOMR is required, additional scope and fees will be negotiated with an amendment. AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS _116TH_MINGO_ORAINAGESTUOY C-8 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK E. 116TH ST. N. & MINGO DRAINAGE STUDY Scope of Services Attachment B The services to be performed by the ENGINEER under this AGREEMENT will consist of providing civil engineering services for the SERVICES presented in Attachment A, as directed by the City by a notice to proceed or in a work order. Further, it is understood and agreed that the date of beginning, rate of progress, and the time of completion of the work to be done hereunder for each assignment are essential provisions of this AGREEMENT; and it is further understood and agreed that the work embraced in this AGREEMENT shall commence upon execution of this AGREEMENT and receipt of Notice to Proceed. It is further understood that all reviews and conceptual designs will be prepared in accordance with the City of Owasso design criteria and specifications for construction. B.1. Basic Services of ENGINEER. The basic services of the ENGINEER shall include, but are not limited to the following tasks: 1. Phase I Project Management, Data Collection, and Meetings A. Obtain Existing Contours and Aerial Photography (Provided by CITY) B. Obtain Survey Data for PROJECT (Provided by CITY) C. Obtain Effective HEC -RAS Hydraulic Model for Ranch Creek (Provided by CITY) D. Obtain plans and surfaces for 116th Street widening project. (Provided by CITY) E. Kickoff Meeting and up to two (2) additional follow -up Meeting(s) with CITY - No Council presentations are anticipated in this scope of work. F. Site Visit 2. Phase I Hydrologic Analysis A. Delineate drainage basins for Ranch Creek and generate hydrologic coefficients, upstream of N. Mingo Road. B. Build HEC -HMS Model and any necessary rating curves for reach routing and /or ponds. C. Detailed QA /QC 3. Phase I Hydraulic Analysis A. Generate Corrected Effective HEC -RAS Model utilizing the Survey Data B. Generate One (1) Proposed Conditions HEC -RAS Model Alternative C. Detailed QA /QC 4. Phase I Earthwork Analysis A. Generate Existing Surface of PROJECT with Survey Data and Existing Contours AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS 116TH MINGO DRAINAGESTUDY C -9 B. Generate and Analyze Alternative Cut /Fill Surfaces for Compensatory Storage Requirements 5. Generate Phase I Report and Submittals A. Generate a Summary of Findings Report B. Create Exhibit(s) C. Submit Phase I Report D. Submit HEC -RAS Models to CITY 6. Phase II Project Management, Data Collection, and Meetings A. Discuss and Identify Needs for future Municipal Complex (Provided by CITY) B. Kickoff Meeting and up to two (2) additional follow -up Meeting(s) with CITY - No Council presentations are anticipated in this scope of work. C. Site Visit 7. Phase II Hydrologic Analysis A. Delineate drainage basins for eastern unnamed tributaries to Ranch Creek and generate hydrologic coefficients. B. Build HEC -HMS Model and any necessary rating curves for reach routing and /or ponds. C. Detailed QA /QC 8. Pond Alternatives A. Determine up to two (2) pond alternatives that mitigate increases in discharge due to future development and maximize available detention volumes to address the existing flooding concerns immediately downstream at Mingo Road. B. Generate two (2) additional alternatives which consider the Country Estates Detention in combination with each alternative from B.A. 9. Phase II Hydraulic Analysis A. Use the Phase I Proposed Conditions HEC -RAS Model to generate four (4) comparison HEC -RAS Models with updated flows based on the four (4) proposed detention alternatives to determine proposed downstream conditions. B. Detailed QA /QC 10. Phase II Earthwork Analysis A. Generate Existing Surface of PROJECT with Survey Data and Existing Contours B. Generate and Analyze Alternative Cut/ Fill Surfaces for Compensatory Storage Requirements (if required) 11. Generate Phase II Report and Submittals A. Generate a Summary of Findings Report B. Create Exhibit(s) C. Submit Phase II Report D. Submit HEC -RAS Models to CITY AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS-1 16TH MINGO DRAINAGESTUDY C-10 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK E. 116TH ST. N. & MINGO DRAINAGE STUDY Responsibilities of the City Attachment C RESPONSIBILITIES OF THE CITY. The CITY agrees: C.1 Reports, Records, etc: To furnish, as required by the work, and not at the expense of the ENGINEER: C.1.1 Records, reports, studies, plans, drawings, and other data available in the files of the CITY that may be useful in the work involved under this AGREEMENT C.1.2 Standard construction drawings and standard specifications C.1.3 ENGINEER will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by CITY. C.2 Access: Provide access to public and private property when required in performance of ENGINEER's services. C.3 Staff Assistance: Designate the City Engineer (or another individual designated in writing) to act as its representative in respect to the work to be performed under this AGREEMENT, and such person shall have complete authority to transmit instructions, receive information, interpret and define CITY'S policies and decisions with respect to materials, equipment, elements and systems pertinent to the services covered by this AGREEMENT. C.3.1 Furnish staff assistance in locating, both horizontally and vertically, existing CITY owned utilities and in expediting their relocation as described in Attachment B. Further, CITY will furnish assistance as required in obtaining locations of other utilities, including excavations to determine depth. C.3.2 Furnish legal assistance as required in the preparation of bidding, construction and other supporting documents. CA Review: Examine all studies, reports, sketches, estimates, specifications, drawings, proposals and other documents presented by ENGINEER and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. AGREEMENTFOR ENGINEERING SERVICES WITH EXHIBITS 116TH MINGO_DRAINAGESTUDY C-11 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK E. 116TH ST. N. & MINGO DRAINAGE STUDY Compensation Attachment D COMPENSATION. The CITY agrees to pay, as compensation for services set forth in Attachment B, the following fees, payable monthly as the work progresses; and within 30 calendar days of receipt of invoice. ENGINEER shall submit monthly invoices based upon work completed at the time of billing. Invoices shall be accompanied by such documentation as the CITY may require in substantiation of the amount billed. D.1 Total Compensation For the work under this project the total lump sum fee shall be Seventy -nine thousand five hundred dollars ($79,500)which amount shall not be exceeded without further written authorization by CITY. D.2 Subconsultants and Other Professional Associates: Services of subcontractors and other professional consultants shall be compensated for at actual cost. Use of sub - consultants must be authorized in advance by CITY. D.3 Other Direct Costs D.3.1 Travel and subsistence shall be compensated for at actual cost. Local travel by personal or firm automobile shall be compensated for at the rate currently allowed by the IRS. D.3.2 Printing expenses shall be compensated for as shown in ATTACHMENT E. D.3.3 Any other direct costs shall be compensated for at actual when authorized in advance by CITY. DA Additional Services: Unless otherwise provided for in any accepted and authorized proposal for additional services, such services shall be compensated for on the same basis as provided for in Attachment D. D.5 Terminated Services: If this AGREEMENT is terminated, ENGINEER shall be paid for services performed to the effective date of termination. D.6 Conditions of Pam D.6.1 Progress payments shall be made in proportion to services rendered and expenses incurred as indicated within this AGREEMENT and shall be due and owing within thirty days of ENGINEER'S submittal of his progress payment invoices. 12 D.6.2 If CITY fails to make payments due ENGINEER within sixty days of the submittal of any progress payment invoice, ENGINEER may, after giving fifteen days written notice to CITY, suspend services under this AGREEMENT. D.6.3 If the PROJECT is delayed, or if ENGINEER'S services for the PROJECT are delayed or suspended for more than ninety days for reasons beyond ENGINEER'S control, ENGINEER may, after giving fifteen days written notice to CITY, request renegotiation of compensation. 13 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK E. 116TH ST. N. & MINGO DRAINAGE STUDY Billing Rate Sheet Attachment E 14 COMPENSATION Compensation to FNI for Basic Services in Attachment SC shall be the lump sum of Seventy Nine Thousand Five Hundred Dollars ($79,500). If FNI sees the Scope of Services changing so that Additional Services are needed, including but not limited to those services described as Additional Services in Attachment SC, FNI will notify OWNER for OWNER's approval before proceeding. Additional Services shall be computed based on the following Schedule of Charges. Rates for In -House Services and Equipment Hourly Rate Position Min Max Professional 1 73 136 Professional 2 91 144 Professional 112 208 Professional 139 223 Professional 170 320 Professional 180 364 Construction Manager 1 81 161 Construction Manager 2 99 174 Construction Manager3 153 205 Construction Manager 187 264 CAD Technician /Designer 1 65 135 CAD Technician /Designer2 95 145 CAD Technician /Designer 3 122 190 Corporate Project Support 1 48 115 Corporate ProjectSupport 2 67 160 Corporate Project5upport 3 96 244 Intern /Coop 39 98 Rates for In -House Services and Equipment Mileage Bulk Printing and Reproduction Standard IRS Rates B &W color Small Format (per copy) $0.10 $0.25 Technology Charge Large Format (per sq. ft) $8.50 per hour Bond $0.25 $0.75 Glossy /Mylar $0.75 $1.25 Vinyl /Adhesive $1.50 $2.00 Mounting (per sq. ft.) $2.00 Binding (per binding) $0.25 Equipment Valve Crew Vehi cle(hour) $75 Pressure Data Logger (each) $200 Water qua l ity Meter (per day) $100 Mi croscope(each) $150 Pressure Recorder (per day) $100 Ultrasonic Thickness Guage(per day) $275 Coati ng l nspecti on Kit (per day) $275 Flushing /Cfactor(each) $500 Backpack El ectrofisher(each) $1,000 Survey Grade Standard Drone (per day) $200 $100 GPS (per day) $150 $50 OTHER DIRECT EXPENSES: Other di rect expenses are reimbursed at actual cost times a multiplier of 1.10. They include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from the FNI office. For other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and other work required to be done by independent persons other than staff members, these services will be billed at a cost times a multipler of 1.10. For Resident Representative services performed by non -FNI employees and CAD services performed In -house by non -FNI employees where FNI provides workspace and equipment to perform such services, these services will be billed at cost times a multiplier of 2.0. This markup approximates the costto FNI if an FNI employee was performing the same or similar services. These ranges and /or rates will be adjusted annually in February. last updated 2021. 320022021 is AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK E. 116TH ST. N. & MINGO DRAINAGE STUDY Schedule Attachment F F. SCHEDULE. The schedule for general engineering services for the PROJECT is shown in Exhibit 1 and provided as follows: F.1. Notice to Proceed: F.2. Substantial Completion: NTP + 180 Days 16 EXHIBIT 1- PROJECTSchedule Task Name Start Month Finish Month Phase I Project Management, Data Collection, & Meetings 1 3 Obtain Existing Contours (Provided by CITY) 1 1 Obtain Survey Data for PROJECT (Provided by CITY) 1 1 Obtain Effective HEC -RAS Hydraulic Model for Ranch Creek (Provided by CITY) 1 1 Obtain plans & surfaces for 116th Street widening project. Provided by CITY) 1 1 Kickoff Meeting and up to two (2) additional follow -up Meeting(s) with CITY 1 3 Site Visit 1 2 Phase 1 Hydrologic Analysis 1 2 Delineate drainage basins for Ranch Creek and generate hydrologic coefficients, upstream of N. Mingo Road. 1 2 Build HEC -HMS Model and any necessary rating curves for reach routing and /or ponds. 1 2 Detailed QA /QC 1 2 Phase l Hydraulic Analysis 2 3 Generate Corrected Effective HEC -RAS Model utilizing the Survey Data 2 3 Generate one (1) Proposed Effective HEC -RAS Model Alternative 3 3 Detailed QA /QC 2 4 Phase I Earthwork Analysis 2 3 Generate Existing Surface of PROJECTwith Survey Data and Existing Contours 2 2 Generate and Analyze Alternative Cut /Fill Surfaces 2 3 Generate Phase l Report & Submittals 2 3 Generate a Summary of Findings Report 2 3 Create Exhibits 2 3 Submit Phase I Reportto CITY 2 3 Submit HEC -RAS Models to CITY 2 3 Phase II Project Management, Data Collection, & Meetings 3 6 Discuss and Identify Needs forfuture Municipal Complex (Provided by CITY) 3 3 Kickoff Meeting and up to two (2) additional follow-up Meeting(s) ) with CITY 3 6 Site Visit 3 4 Phase 11 Hydrologic Analysis 1 4 Delineate drainage basins for Unnamed Tribs to Ranch Creek and generate hydrologic coefficients 1 4 Build HEC -HMS Model and any necessary rating curves for reach routing and /or ponds. 3 4 Detailed QA /QC 3 4 Phase It Pond Alternatives 4 5 Determine up to two (2) pond alternatives that mitigate future development and maximize available detention volumes to help minimize the existing flooding concerns immediately downstream at Mingo Road. 4 5 Generate two (2) additional alternatives which considerthe Country Estates Detention in combination with each alternative from 8.A. 4 5 Phase II Hydraulic Analysis 5 6 Use the Phase I Proposed Effective HEC -RAS Model to generate a comparison HEC -RAS Model with updated flows based on proposed detention alternatives to determine proposed downstream conditions. 5 6 Detailed QA /QC 5 6 Phase 11 Earthwork Analysis 5 6 Generate Existing Surface of PROJECTwith Survey Data and Existing Contours 5 6 Generate and Analyze Alternative Cut /Fill Surfaces 5 6 Generate Phase 11 Report & Submittals 5 6 Generate a Summary of Findings Report 5 6 Create Exhibits 5 6 Submit Phase 11 Report to CITY 5 6 Submit HEC -RAS Modelsto CITY 5 6 17 TO: The Honorable Mayor and City Council FROM: H. Dwayne Henderson. P.E. City Engineer SUBJECT: Oklahoma Department of Transportation (ODOT) Project Maintenance, Financing and Right -of -Way Agreement - Main Street, Broadway to East 11 th Street Rehabilitation Project DATE: October 29, 2021 BACKGROUND: City Council approved Resolution 2021 -09, authorizing staff to apply for funding through the Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA) for a resurfacing project as part of a future annual street rehabilitation project. The project was selected in July 2021 for funding. The project scope is to remove the surface course of roadway, repave the street after new curb and gutter and sidewalk is completed. The road will be restriped as a single, widened lane in each direction, and a center turn lane to relieve the turning - movements. PROPOSED AGREEMENT: The ODOT Project Maintenance, Financing and Right -of -Way Agreement is based on the engineering construction estimate provided by staff. If approved by the City Council, ODOT will be responsible for 80% of the road construction and construction administration, up to $750,000.00. The City will be responsible for funding the engineering, surveying and geotechnical costs, and remaining construction. The following table depicts the cost distribution of the original application: Project Segment Estimate ODOT Portion* City of Owasso* Construction $2,175,492.00 $750,000.00 $1,425,492.00 Administration $217,549.00 $0.00 $217,549.00 Utility Relocation 0 N/A N/A Right -of -way 0 N/A N/A Engineering $174,040.00 N/A $174,040 Total Project Cost $2,567,081.00 $750,000.00 $1,817,081.00 FUNDING: Funding is available in the Capital Improvements Fund. RECOMMENDATION: Staff recommends approval of the Project Maintenance, Financing and Right -of -Way Agreement between the City of Owasso and Oklahoma Department of Transportation in the amount of $2,567,081.00 (ODOT's share being $750,000.00) and authorization to execute the agreement. ODOT PM Finance ROW Agreement Page 2 ATTACHMENTS: Site Map ODOT -City of Owasso Project Maintenance, Financing and Right -of -Way Agreement Main Street, Broadway to 11th Street 1° = 1000 n Location Map 05/04/2021 URBAN PROJECT AGREEMENT — (NOT TO EXCEED) (11/23/2020) STATE OF OKLAHOMA DEPARTMENT OF TRANSPORTATION PROJECT MAINTENANCE, FINANCING, AND RIGHT -OF -WAY AGREEMENT OWASSO: MAIN STREET REHABILITATION PROJECT FROM BROADWAY AVE TO 11TH ST (CRRSAA FUNDING) Project No.: J3- 5723(004)IG State Job No.: 35723(04) This agreement, made the day and year last written below, by and between the City of OWASSO, hereinafter referred to as the Sponsor, and the Department of Transportation of the State of Oklahoma, hereinafter referred to as the Department, for the following intents and purposes and subject to the following terms and conditions, to wit: WITNESSETH WHEREAS, The Sponsor requested that certain street improvements be approved by the Oklahoma Transportation Commission, as were previously programmed by the Sponsor and described as follows: Project Type I Div. County JP No Project work Type Description No. INCOG CRRSAA OB TULSA 35723(04) OWASSO: MAIN STREET REHABILITATION 5723(004) DRAIN, BRIDGE, PROJECT FROM BROADWAYAVE TO 11TH IG AND SURFACE ST (CRRSAA FUNDING) WHEREAS, the Department is charged under the laws of the State of Oklahoma with construction and maintenance of State Highways; and, WHEREAS, the Department is, by terms of agreements with the Federal Highway Administration, responsible for the management and construction of certain federally funded projects within the corporate limits of cities within the State of Oklahoma; and, WHEREAS, the Sponsor has been identified as the beneficiary and sub - recipient of such federally funded project; and, WHEREAS, receipt of the benefits of this project will require that the Sponsor assume certain financial responsibilities; and, WHEREAS, the Sponsor is a municipal corporation created and existing under the constitution and laws of the State of Oklahoma; and URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11/23/2020) WHEREAS, the laws and constitution of the State of Oklahoma impose financial restrictions on the Sponsor and its ability to ensure financial obligations; and, WHEREAS, the Parties hereto recognize those financial limitations and agree that the financial obligations assumed by the Sponsor, by the terms of this Agreement, are enforceable only to the extent as may be allowed by law or as may be determined by a court of competent jurisdiction; and, WHEREAS, it is understood that, by virtue of the Article 10, Section 26 of the Oklahoma Constitution, the payment of Sponsor funds in the future will be limited to appropriations and available funds in the then current Sponsor fiscal year. NOW, THEREFORE: the Department and the Sponsor, in consideration of the mutual covenants and stipulations as set forth herein, do mutually promise and agree as follows: SECTION 1: PROJECT AGREEMENT 1.1 If applicable, the Department will recommend approval of the project by the Federal Highway Administration. 1.2 The Sponsor agrees to comply with Title VI of the Civil Rights Act of 1964, 78 Stat. § 252, 42 U.S.C. § 2000d et seq., and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Part 21 - "Nondiscrimination in federally assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act 1964 ". 1.3 The DEPARTMENT and SPONSOR mutually recognize that each party is a governmental entity subject to the provisions of the Governmental Tort Claims Act (51 O.S. § 151 et seq.). The DEPARTMENT and SPONSOR hereby mutually agree that each is and may be held severally liable for any and all claims, demands, and suits in law or equity, of any nature whatsoever, paying for damages or otherwise, arising from any negligent act or omission of any of their respective employees, agents or contractors which may occur during the prosecution or performance of this Agreement to the extent provided in the Governmental Tort Claims Act. Each party agrees to severally bear all costs of investigation and defense of claims arising under the Governmental Tort Claims Act and any judgments which may be rendered in such cause to the limits provided by law. Nothing in this section shall be interpreted or construed to waive any legal defense which may be available to a party or any exemption, limitation or exception which may be provided by the Governmental Tort Claims Act. 2 URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11/23/2020) 1.4 The Sponsor understands that should it fail to fulfill its responsibilities under this Agreement, such a failure will disqualify the Sponsor from future Federal -aid funding participation on any proposed project. Federal -aid funds are to be withheld until such a time as an engineering staff, satisfactory to the Department has been properly established and functioning, the deficiencies in regulations have been corrected or the improvements to be constructed under this Agreement are brought to a satisfactory condition of maintenance. SECTION 2: ENGINEERING RESPONSIBILITIES 2.1 The Sponsor shall provide professional engineering services for the development of the Plans, Specifications and Estimates (PS &E) for this project. Design engineering for this project will be performed under the supervision of the Sponsor. Sponsor warrants to the Department that they will review the plans and will certify that the plans are acceptable to the Sponsor and are in full compliance with current standards and specifications. 2.2 Progress payments will be made to the consultant by the DEPARTMENT upon receipt of a properly executed claim form, approved by the SPONSOR, accompanied by suitable evidence of the completion of the work claimed, as detailed in the engineering contract. 2.3 The SPONSOR agrees to hold the Federal Government and the DEPARTMENT harmless from, and shall process and defend at its own expense, all claims, demands, or suits, whether at law or equity brought against the SPONSOR, the DEPARTMENT, or Federal Government, arising from the SPONSOR's execution, performance, or failure to perform any of the provisions of this Agreement, or arising by reason of the participation of the DEPARTMENT or Federal Government in the project, PROVIDED, nothing herein shall require the SPONSOR to reimburse the DEPARTMENT or Federal Government for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the DEPARTMENT. 2.4 When any alleged act, omission, negligence, or misconduct may be subject to the limitations, exemptions, or defenses which may be raised under the Governmental Tort Claims Act, 51 O.S. Sec. 151, et seq., all such limitations, exemptions, and defenses shall be available to and may be asserted by the SPONSOR. No liability shall attach to the DEPARTMENT or Federal Government except as expressly provided herein. 3 URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11/23/2020) 2.5 The Sponsor agrees to the location of the subject project and agrees to adopt the final plans for said project as the official plans of the Sponsor for the streets, boulevards, arterial highways and /or other improvements contained therein; and further, the Sponsor affirmatively states that it has or shall fully and completely examine the plans and shall hereby warrant to the Department, the Sponsor's complete satisfaction with these plans and the fitness of the plans to construct aforesaid project. 2.6 The Sponsor certifies that the project design plans shall comply, and the project when completed will comply, with the requirements of the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101 — 12213), 49 CFR Parts 27, 37 and 38 and 28 CFR parts 35 and 36. The Sponsor shall be exclusively responsible for integrated ADA compliance planning for all Sponsor streets, sidewalks and other facilities provided for public administration, use and accommodation, which is required of recipients and sub - recipients by 49 CFR § 27.11. State highways continued through corporate limits of the Sponsor shall be included in the Sponsor's comprehensive compliance plans. 2.7 To the extent permitted by law, all data prepared under this agreement shall be made available to the Department without restriction or limitation on their further use, with exception of any documents or information that would be considered attorney /client privileged by the Sponsor. 2.8 The Department will conduct the environmental studies and prepare the National Environmental Protection Act documents as required for federally funded projects. 2.9 The Department will forward the environmental documents to FHWA for approval if applicable. SECTION 3: LAND ACQUISITION AND UTILITY RELOCATION 3.1 The Sponsor warrants to the Department that, they have or will acquire all land, property, or rights -of -way needed for complete implementation of said project, free and clear of all obstructions and encumbrances and in full accordance with the Department's guidelines for Right -of -Way Acquisition on Federal -Aid Projects, the Uniform Relocation Act, the National Environmental Protection Act and all other applicable local, state and federal regulations. 3.2 The Sponsor shall be responsible for ensuring all proper tax documentation is filed and issued to recipients of funds paid on behalf of the Sponsor for Right -of -Way acquisition for this project. M URBAN PROJECT AGREEMENT -(NOT TO EXCEED) (11/23/2020) 3.3 The Sponsor warrants to the Department that it is knowledgeable of and will comply with the provisions of 42 U.S.C.A., Section 4601 -4655 and 23 U.S.C.A., Section 323 (as amended) and 49 C.F.R. Part 24 in the acquisition of all right -of -way and the relocation of any displacees. 3.4 The Sponsor shall remove, at its own expense, or cause the removal of, all encroachments on existing streets as shown on said plans, including all buildings, porches, fences, gasoline pumps, islands, and tanks, and any other such private installations and shall further remove or remediate any existing environmental contamination of soil and water from any source, known or unknown. 3.5 If the acquisition of right -of -way for this project causes the displacement of any person, business or non - profit organization, the Sponsor warrants it will provide and be responsible for the Relocation Assistance Program and all costs associated with the Relocation Assistance Program. The Department, upon request, will provide a list of service providers who have been prequalified to administer the Relocation Assistance Program. The Sponsor agrees to employ a service provider from the prequalified list provided by the Department. Prior to any relocation assistance payments to the Sponsor, all files with parcels requiring relocation assistance shall be submitted to the Department for audit and compliance review. The Sponsor shall notify the Department within seven (7) days of the date of an offer to acquire being provided to a property owner(s) on any parcel which will require relocation assistance. Written notifications regarding service providers, in -house personnel, appeals, offers to acquire or other related correspondence shall be properly addressed and remitted as follows: Oklahoma Department of Transportation Operations Division 200 N. E. 215' Street Oklahoma City, Oklahoma 73105 -3204 3.6 The Sponsor warrants that any procurement, using federal funds, of property, goods or professional and personal services required for this project will be acquired by the Sponsor in compliance with the federal procurement Regulations at 40 USC 1101- 1104 (Brooks Act) and the Regulations for Administration of Engineering and Design Related Service Contracts at 23 C.F.R. Part 172, as well as provisions of State purchasing laws applicable to the Sponsor. 3.7 The Sponsor will certify to the Department prior to establishing a letting date that all existing utility facilities (if any) have been properly adjusted in full accordance with the Department's Right -of -Way and Utilities Division policies and procedures to accommodate the construction of said project; and will be solely responsible for 5 URBAN PROJECT AGREEMENT — (NOT TO EXCEED) (11/23/2020) payment of any and all contractor expenses, claims, suits and /or judgments directly resultant from any actual utility relocation delays. 3.8 The Sponsor shall have the authority pursuant to 69 O.S. § 1001 and 69 O.S. § 1004 to sell any lands, or interest therein, which were acquired for highway purposes as long as such sale is conducted in accordance with the above cited statutes. 3.9 The Sponsor agrees that if any property acquired utilizing Federal funding is disposed of or is no longer used in the public interest the Sponsor shall reimburse the Department at the current fair market value. 3.10 The Sponsor agrees to; - Transmit copies of the instruments, including all deeds and easements, to the Department prior to the advertisement of bids for construction. - Comply with the provisions of 42 U.S.C.A. § 4601 -4655 and 23 U.S.C.A. § 323 (as amended) and, further comply with 49 C.F.R. Part 24 in the acquisition of all necessary right -of -way and relocation of all displacees. - Convey title to the State of Oklahoma on all tracts of land acquired in the name of the Sponsor if the project is located on the State Highway System. SECTION 4: FUNDING SUMMARY 4.1 The Department and the Sponsor agree that the project will be financed at a not - to- exceed, INCOG CRRSAA total estimated cost of $750,000, as described below: FUNDING SOURCE => INCOG CRRSAA City of OWASSO STATE TOTAL JOB PIECE DESCRIPTION ESTIMATED SHARE AMOUNT SHARE I %) AMOUNT NO. COST (/) Design - $0 $0 Right -of -Way- $0 $0 Utilities - $0 $0 35723 04 ) ( Construction - $2,567,081 Capped $750,000 Remainder $1,817,081 (With 6% Inspection) at Total $2,567,081 Total => $750,000 Total => $1,817,081 4.2 Furthermore, the Department and the Sponsor agree that actual INCOG CRRSAA costs incurred by project phases JP 35723(04) may exceed initial estimates. Costs N URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11/23/2020) between these project phases will be administratively adjusted based on actual cost of each phase, within the total cost of this agreement, without formal supplemental agreement, in so far as the total project agreement is not exceeded. 4.3 It is understood by the Sponsor and the Department that the funding participation stipulated herein may be altered due to bid prices, actual construction supervision costs and non - participating costs incurred during construction. The Sponsor will be responsible for payment of any estimated local funding prior to advertising the project for bid. Upon final acceptance of this project, the total project cost will be determined, and the final amount of local funds (if any) will be determined by the Department's Comptroller per the terms of this agreement. A refund will then be made by the Department to the Sponsor or additional funding will be requested. The Sponsor agrees to make arrangements for payment of any Department invoice within 45 days of receipt. SECTION 5: CONSTRUCTION RESPONSIBILITIES 5.1 The Sponsor agrees to comply with all applicable laws and regulations necessary to meet the Oklahoma Department of Environmental Quality (ODEQ) requirements for pollution prevention including discharges from storm water runoff during the planning and design of this project. Further, the Sponsor agrees and stipulates as stated in the ODEQ's General Permit 0KR10, dated September 13, 2017 or latest revision, to secure a storm water permit with the ODEQ for utility relocations, when required. It is also agreed that the storm water management plan for the project previously described in the document includes project plans and specifications, required schedules for accomplishing the temporary and permanent erosion control work, the site specific storm water pollution prevention plan and the appropriate location map contained in the utility relocation plans. 5.2 The Sponsor's responsibility for environmental cleanup will be a continuing responsibility to remediate any and all known and unknown environmental damage throughout the duration of this agreement with the Department in compliance with State and federal regulations. 5.3 The roadway improvements and all devices specified herein shall not be altered, removed, or cease to be operative without mutual written consent of the Department and the Sponsor. 5.4 Upon approval of this agreement and the plans, specifications, and estimates by the Sponsor, the Department, and the Federal Highway Administration (if applicable), the Department will advertise and let the construction contract for this project in the usual and customary legal manner. It is agreed that the projects herein contemplated 7 URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11/23/2020) are proposed to be financed as previously described, and that this agreement, all plans, specifications, estimate of costs, acceptance of work, payments, and procedure in general hereunder are subject in all things at all times to all local, state and federal laws, regulations, orders, approvals as may be applicable hereto. 5.5 The Department shall provide a copy of the executed construction contract to the Sponsor, upon receipt of a written request. 5.6 The Department will notify the Sponsor of pre -bid dates, bid opening dates, and Transportation Commission award dates in writing upon receipt of a written request. 5.7 The Sponsor agrees that prior to the Department's advertising of the project for bids (as to that part of the project lying within the present corporate limits) it will: - Grant to the Department and its contractors, the right -of -entry to all existing streets, alleys, and Sponsor owned property when required, and other rights -of- way shown on said plans. - Remove at its own expense, or cause the removal of, all encroachments on existing streets as shown on said plans, including all signs, buildings, porches, awnings, porticos, fences, gasoline pumps and islands, and any other such private installations. - Prohibit parking on that portion of the project within the corporate limits of the Sponsor, except as may be indicated in the plans or hereafter approved by agreement with the Department. The Sponsor further agrees not to install, or permit to be installed, any signs, signals or markings not in conformance with the standards approved by the Federal Highway Administration and Manual on Uniform Traffic Control Devices (MUTCD). - Comply with the Department's standards for construction of driveway entrances from private property to the highway, in accordance with the Department's manual entitled "Policy on Driveway Regulation for Oklahoma Highways ", Rev. 5/96, 69 O.S. (2001) § 1210. - Maintain all right -of -way acquired for the construction of this project, as shown on said plans, in a manner consistent with applicable statutes, codes, ordinances and regulations of the Department and the State of Oklahoma. - Have the authority pursuant to 69 O.S. 2001 § 1001 and 69 O.S. 2001 § 1004 to sell any lands, or interest therein, which were acquired for highway purposes as 8 URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11/23/2020) long as such sale is conducted in accordance with the above cited statutes. Prior written approval by the Chief, Right -of -Way Division for the Department shall be required before any sale is made. 5.8 The Sponsor further agrees and warrants to the Department that, subsequent to the construction of said project, the Sponsor will: 1) Erect, maintain and operate traffic control devices, including signals, signs and pavement markings only in accordance with 47 O.S. 2011 §§ 15 -104- 15 -106, and subject to agreement of the Department: a) In the event that any traffic signal installed hereunder is no longer needed for the purposes designated herein, then the traffic signal installed hereunder shall not be moved by the Sponsor to any other point other than that which is approved by the Department prior to such removal. b) In the event there is no mutually agreed location for the reinstallation, the Sponsor will assume complete ownership of the equipment following removal, if the installation is ten (10) years old or older. If the installation is less than ten (10) years old and: 1) In the event the Sponsor desires total ownership of the equipment, the Sponsor shall reimburse the Department the original federal funding percentage share for the original equipment cost only, amortized for a ten(10) year service life, interest ignored, and assuming straight line depreciation. 2) In the event the Sponsor does not desire total ownership of the equipment, the Sponsor shall sell the equipment at public auction to the highest bidder. The Sponsor shall reimburse the Department the original federal funding percentage share of the proceeds of such sale. 2) Subject to agreement with the Department, regulate and control traffic on said project, including but not limited to, the speed of vehicles, parking, stopping and turns only in accordance with 47 O.S. 2011 §§ 15 -104- 15 -106, and to make no changes in the provisions thereof without the approval of the Department. It shall be the responsibility of the Sponsor to notify the Department of any changes necessary to ensure safety to the traveling public. 3) Maintain all drainage systems and facilities constructed, installed, modified or repaired in conjunction with this project or as may be otherwise necessary to 7 URBAN PROJECT AGREEMENT -(NOT TO EXCEED) (11/23/2020) ensure proper drainage for road surfaces constructed under the terms of this agreement. 4) Maintain all curbs and driveways abutting road surfaces constructed under the terms of this agreement and all sidewalks adjacent thereto. 5) Maintain all right -of -way areas adjacent to road surfaces, including erosion control and periodic mowing of vegetation, in a manner consistent with applicable codes, ordinances and regulations. 6) For any portion of the project encompassed under this agreement that is part of the State Highway System, the Sponsor shall maintain all that part of said project within the corporate limits of the Sponsor between the gutter lines and the right - of -way lines, and if no gutter exists, between the shoulder lines and the right -of- way lines, including storm sewers, all underground facilities, curbs and mowing, all in accordance with 69 O.S. Supp. 1994 §901 and all other applicable law. 7) On limited access highways where county roads or city streets extend over or under the highway or public roads are constructed on state rights -of -way but there is no immediate ingress and egress from the highway, responsibility shall be as follows: a. The public roads as defined in OAC 730:35 -1 -2 shall be maintained by the city or county and shall be included in their roadway mileage inventory. b. Where county roads or city streets extend over the highway, the roadway, approaches and bridge surfaces, including the deck, shall be maintained by the city or county. The approach guardrail, bridge structure, and highest clearance posting on the structure shall be maintained by the Department. c. Where county roads or city streets extend under the highway, the roadway approaches and advance signing shall be maintained by the city or county. The Department shall maintain the approach guardrail, bridge structure and surface, and the height clearance posting on the structure. 5.9 The Sponsor further agrees and warrants to the Department concerning any sign and highway facility lighting included as part of this project: 10 URBAN PROJECT AGREEMENT -(NOT TO EXCEED) (11/23/2020) 1) The Sponsor will, upon notice from the Department Engineer, provide at its own expense all required electrical energy necessary for all preliminary and operational tests of the highway lighting facilities. 2) Upon completion of the construction of said project, the Sponsor will be responsible for the maintenance and cost of operation of these highway lighting facilities, including all appurtenances thereto and including the sign lighting facilities. 3) It is specifically understood and agreed that the highway lighting and sign lighting facilities specified hereunder shall be continuously operated during the hours of darkness, between sunset and sunrise, and shall not be altered, removed or be allowed to cease operation without the mutual written consent of the Department and the Sponsor. 4) The Sponsor agrees to provide, on a periodic schedule, an inspection, cleaning and re- lamping maintenance program to assure the maximum efficiency of the highway lighting facilities. 5) In the event that the highway lighting facilities installed hereunder are no longer needed for the purposes designated herein, then the highway lighting facilities installed hereunder shall not be moved by the Sponsor to any point other than which is approved by the Department prior to such removal. 6) In the event there is no mutually agreed location for reinstallation, the Sponsor will assume complete ownership of the equipment following removal if the installation is twenty (20) years old or older. If the installation is less than twenty years old and: a) In the event the Sponsor desires total ownership of the equipment, the Sponsor shall reimburse the Department the original federal funding percentage share of the original equipment costs only, amortized for a twenty (20) year service life, interest ignored, and assuming straight line depreciation. b) In the event the Sponsor does not desire total ownership of the equipment, the Sponsor shall sell the equipment at public auction to the highest bidder. The Sponsor shall reimburse the Department the original federal funding percentage share of the proceeds of such sale. 11 URBAN PROJECT AGREEMENT -(NOT TO EXCEED) (11/23/2020) 5.10 The Department will appoint competent supervision and inspection of the construction work performed by the construction contractor and will provide such engineering, inspection and testing services as may be required to ensure that the construction of the project is accomplished in accordance with the approved Plans, Specifications and Estimates. The Department reserves the right to make such changes in said plans as may be necessary for the proper construction of said project. 1) The Sponsor agrees to provide such competent supervision as the Sponsor deems necessary during times that the work is in progress to insure the completion of the project to the Sponsor's satisfaction and the Sponsor's representatives and the Department's representatives will cooperate fully to the end of obtaining work strictly in accordance with the plans and specifications. 2) The Sponsor will make ample provisions annually for the proper maintenance of said project, including the provision of competent personnel and adequate equipment, specifically, to provide all required maintenance of the project during the critical period immediately following construction and to keep the facility in good and safe condition for the benefit of the traveling public. 3) The Sponsor warrants to the Department that it will periodically review the adequacy of the aforesaid project to ensure the safety of the traveling public and should the Sponsor determine that further modifications or improvements be required, the Sponsor shall take such actions as are necessary to make such modifications or improvement. When operation modifications are required which in the opinion of the Department exceed the capability of the Sponsor's staff, the Sponsor agrees to retain, at the sole expense of the Sponsor, competent personnel for the purpose of bringing the improvement up to the proper standard of operation. 4) The Sponsor warrants and agrees that upon completion of the aforesaid project, the Sponsor assumes any and all financial obligations for the operation, use, and maintenance of the aforesaid project. SECTION 6: NON - DISCRIMINATION CLAUSE 1. During the performance of this agreement, the Sponsor, for itself, its assignees and successors in interest, agrees as follows: 1) Compliance with Regulations: The Sponsor shall comply with the regulations relative to nondiscrimination in federally- assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time 12 URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11/2312020) (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this agreement. 2) Nondiscrimination: The Sponsor, with regard to the work performed by it during the agreement, shall not discriminate on the grounds of race, color, sex, age, national origin, disability /handicap, or income status, in the selection and retention of contractors or subcontractors, including procurements of materials and leases of equipment. The Sponsor shall not participate either directly or indirectly, in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in appendix B of the Regulations. 3) Solicitations for Subcontracts. Including Procurement of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation, made by the Sponsor for work to be performed under a contract or subcontract, including procurements of materials or leases of equipment, each potential contractor or subcontractor or supplier shall be notified by the Sponsor of the Sponsor's obligations under this agreement and the Regulations relative to nondiscrimination on the grounds of race, color, sex, age, national origin, disability /handicap, or income status. 4) Information and Reports: The Sponsor shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the State Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of a Sponsor is in the exclusive possession of another who fails or refuses to furnish this information, the Sponsor shall so certify to the State Department of Transportation, or the Federal Highway Administration, as appropriate, and shall set forth what efforts it has made to obtain the information. 5) Sanctions for Noncompliance: In the event of the Sponsor's noncompliance with the nondiscrimination provisions of this agreement, the State Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including but not limited to: 13 URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11/23/2020) a. Withholding of payments to the Sponsor under the agreement until the Sponsor complies and /or b. Cancellation, termination, or suspension of the agreement in whole or in part. 6) Incorporation of Provisions: The Sponsor shall include the provisions of sub paragraphs 1) through 5) in every contract or subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Sponsor shall take such action with respect to any contract or subcontract or procurement as the State Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions, including sanctions for noncompliance provided, however, that in the event a Sponsor becomes involved in, or is threatened with, litigation by a subcontractor or supplier as a result of such direction, the Sponsor may request the State Department of Transportation to enter into such litigation to protect the interests of the State; and, in addition, the Sponsor may request the United States to enter into such litigation to protect the interests of the United States. SECTION 7: TERMINATION 7.1 This agreement may be terminated by any of the following conditions: a) By mutual agreement and consent, in writing of both parties. b) By the Department by written notice to the Sponsor as a consequence of failure by the Sponsor to perform the services set forth herein in a satisfactory manner. c) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. d) By the Department for reasons of its own and not subject to the mutual consent of the Sponsor upon five (5) days written notice to the Sponsor. e) By satisfactory completion of all services and obligations described herein. 7.2The termination of this agreement shall extinguish all rights, duties, obligations and liabilities of the Department and the Sponsor under this agreement. If the potential termination of this agreement is due to the failure of either the Department or the Sponsor to fulfill their obligation as set forth herein, the non - breaching party will notify the party alleged to be in breach that possible breach of agreement has 14 URBAN PROJECT AGREEMENT -(NOT TO EXCEED) (11/23/2020) occurred. The party alleged to be in breach should make a good faith effort to remedy that breach as outlined by non - breaching party within a period mutually agreed by each party. SECTION 8: GOVERNING LAW AND VENUE 8.1 Any claims, disputes or litigation relating to the solicitation, execution, interpretation, performance, or enforcement of this Contract shall be governed by the laws of the State of Oklahoma and the applicable rules, regulations, policies and procedures of the Oklahoma Transportation Commission. Venue for any action, claim, dispute or litigation, mediation or arbitration shall be in Oklahoma County, Oklahoma. SECTION 9: DISPUTE RESOLUTION 9.1 The parties hereto have entered into this agreement in the State of Oklahoma and the laws of the State of Oklahoma shall apply. The parties agree to bargain in good faith in direct negotiation to achieve resolutions of any dispute and, if such efforts are unsuccessful, to retain a neutral mediation service to mediate the dispute prior to the filing of any court action. Mediation shall be conducted in the Oklahoma City area and the costs of such mediation shall be borne equally by the parties. If mediation is not successful, venue for any action brought to enforce the terms of this agreement shall be in Oklahoma County, State of Oklahoma. Each party shall bear any cost and attorney fees incurred by the party in such litigation. SECTION 10: PRIOR UNDERSTANDINGS 10.1 This agreement incorporates and reduces to writing all prior understandings, promises, agreements, commitments, covenants or conditions and constitutes the full and complete understanding and contractual relationship of the parties. SECTION 11: AMENDMENTS OR MODIFICATIONS OF AGREEMENT 11.1 No changes, revisions, amendments or alterations in the manner, scope of type of work or compensation to be paid by the DEPARTMENT shall be effective unless reduced to writing and executed by the parties with the same formalities as are observed in the execution of this agreement. 15 URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11/23/2020) SECTION 12: RECORDS 12.1 The Sponsor is to maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred and to make such materials available at its respective offices at all reasonable times, during the agreement period and for three (3) years from the date of final payment under the agreement for inspection by the DEPARTMENT and the State Auditor and Inspector, and copies thereof shall be furnished to the DEPARTMENT, if requested. SECTION 13: HEADINGS 13.1 Article headings used in this agreement are inserted for convenience of reference only and shall not be deemed a part of this agreement for any purpose. SECTION 14: BINDING EFFECTS 14.1 This agreement shall be binding upon and inure to the benefit of the ODOT and the Sponsor and shall be binding upon their successors and assigns subject to the limitations of Oklahoma law. SECTION 15: SEVERABILITY 15.1 If any provision, clause or paragraph of this agreement or any document incorporated by reference shall be determined invalid by a court of competent jurisdiction, such determination shall not affect the other provisions, clauses or paragraphs of this agreement which are not affected by the determination. The provisions, clauses or paragraphs of this agreement and any documents incorporated by reference are declared severable. SECTION 16: EFFECTIVE DATE 16.1 This agreement shall become effective on the date of execution by the Department's Director or his designee. URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11/23/2020) IN WITNESS WHEREOF, the Director of the Department of Transportation, pursuant to authority vested in him by the State Transportation Commission, has hereunto subscribed his name as Director of the Department of Transportation and the Sponsor has executed same pursuant to authority prescribed by law for the Sponsor. The Sponsor, the City of Owasso, on this 2nd of October, 2021, and the Department on the day of 120 APPROVED AS TO FORM AND LEGALITY Julie Lombardi, City Attorney By THE CITY OF OWASSO Bill Bush, Mayor Attest: Juliann M. Stevens, City Clerk (SEAL): Approved — THE CITY OF OWASSO STATE OF OKLAHOMA DEPARTMENT OF TRANSPORTATION Recommended for Approval Local Government Division Manager APPROVED AS TO FORM AND LEGALITY General Counsel 17 Director of Capital Programs APPROVED Deputy Director CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 10123121 Department Payroll Expenses Total Expenses 105 Municipal Court 6,000.93 7,005.72 110 Managerial 23,651.19 28,651.33 120 Finance 21,469.74 25,985.71 130 Human Resources 9,857.44 11,918.90 160 Community Development 19,905.66 24,084.99 170 Engineering 21,094.86 25,520.35 175 Information Systems 18,285.81 22,147.81 181 Support Services 10,008.18 11,972.29 190 Cemetery 1,692.10 2,049.48 201 Police Grant Overtime 2,342.98 2,374.87 215 Central Dispatch 2,523.44 3,056.38 221 Animal Control 4,341.52 5,147.84 280 Emergency Preparedness 2,460.89 2,980.64 370 Stormwater /ROW Maint. 7,670.09 9,302.35 515 Park Maintenance 8,202.04 9,892.54 520 Culture /Recreation 10,638.94 12,828.24 550 Community- Senior Center 6,165.18 7,059.89 580 Historical Museum 764.40 853.44 710 Economic Development 5,026.45 6,088.02 720 Strong Neighborhood 362.92 442.02 General Fund Total 182 464.76 219 362.81 185 Garage Fund Total 10 150.21 12,300.38 255 Ambulance Fund Total 553.85 618.38 215 E911 Communication 22,415.37 26 931.63 250 Fire Fund 37 Total 211,030.31 249 442.33 201 Police Fund 38 Total 207,115.92 240,590.75 300 Streets Fund 39 Total 20 044.48 24,245,48 370 Stormwater Fund 27 Total 5,733.40 6,843.99 150 Worker's Compensation Total 720 Strong Neighborhoods Total 4,607.04 5,584.97 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 10/28/21 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE DENTAL DEPT TOTAL VSP ADMIN FEES ADMIN FEES VISION DEPT TOTAL HEALTHCARE SELF INSURANCE FUND TOTAL AMOUNT 54,679.45 50,239.70 32,036.39 61,447.72 198,403.26 8,335.80 3,060.59 11,396.39 71.19 1,426.70 1,497.89 211,297.54