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HomeMy WebLinkAbout2022.08.09_Worksession AgendaThis meeting is a work session for Council /Trustee discussion only. There is no opportunity for public comments at work session. PUBLIC NOTICE OF THE JOINT MEETING OF THE OWASSO CITY COUNCIL OWASSO PUBLIC WORKS AUTHORITY (OPWA) OWASSO PUBLIC GOLF AUTHORITY (OPGA) Council Chambers Old Central Building 109 North Birch, Owasso, OK 1. Call to Order Mayor /Chair Kelly Lewis Tuesday, August 9, 2022 - 6:00 PM AGENDA AUG 05 2022 2. Discussion relating o the Community Development Block Grant CDBG City Clerk's off/ g y p ( )program Vice - Mayor /Chair Alvin Fruga 3. Discussion relating to Community Development Items Karl Fritschen /Alexa Beemer A. Proposed amendments to the Land Use Master Plan - GrOwasso 2035 B. Request for rezoning (OZ 22 -07) -approximately 0.45 acres located at 414 South Birch Street from Residential Single - Family (RS -3) to Residential Multi- family (RM) 4. Discussion relating to the agreement with Grand Gateway Economic Development Authority for Pelivan Transit services Josh Quigley 5. Discussion relating to a proposed architect and engineering agreement for Fire Station No. 1 and Fire Station No. 2 Renovation Projects David Hurst 6. Discussion relating to Public Works Department items Roger Stevens A. Proposed project site for the Annual Street Rehabilitation Program B. Contract negotiations for household refuse disposal services C. Proposed agreement with Meshek & Associates, LLC, for engineering services - Garnett Culvert Improvement Project D. Condemnation action - Ranch Creek Interceptor Upgrade from East 96th Street North to East 1 16th Street North 7. Discussion relating to City /Authority Manager items Warren Lehr A. Monthly sales tax report and revenue outlook B. City Manager report 8. City Councilor /Trustee comments and inquiries 9. Adjournment Notice of Public Meeting filed in the office of the City Clerk on Friday, December 10, 2021, and the Agenda posted at City Hall, 200 South Main Street, pm on Friday, 2022. The City of Owasso encourages citizen participation. To request 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§cifyofowasso.com TO: The Honorable Mayor and City Council FROM: Karl A. Fritschen AICP, RLA Planning Manager SUBJECT: Adoption of the GrOwasso 2035 Land Use Master Plan DATE: August 5, 2022 BACKGROUND: In the summer of 2021, planning staff began the process of a major update to the GrOwasso 2030 Land Use Master Plan. Two committees were formed to help steer and guide the update process by reviewing the proposed and modified goals and action plans. The internal committee consisted of mostly City staff from departments who directly deal with development issues, while the other Committee was comprised of elected and appointed City representatives, residents, and City staff. A total of 4 meetings were held with each group during the update process. Additionally, staff conducted several on -line interactive surveys, each centered around a different topic, to gather input from the public. This information was presented to both committees and, where possible, integrated into goals and action plans. Public open houses were held in March and May of 2022, to allow citizens to review a draft of the updated Land Use Plan Map and the proposed goals and action plans. Approximately 30 people attended these events. In April 2022, staff provided the Planning Commission with an overview of the proposed Plan at their regular meeting. The same information was then presented to the City Council in May and during the July worksession. The public hearing was held during the July 19, 2022 City Council meeting. Staff anticipates bringing forth a resolution for consideration by the City Council adopting the Plan at the August 161h meeting. PUBLIC HEARING: There were no citizen comments provided during the Public Hearing. PLANNING COMMISSION: The Planning Commission will hear this item at their regular meeting on August 8, 2022. ATTACHMENTS: GrOwasso 2035 Land Use Master Plan Draft Resolution 21035 LAND USE MASTER PLAN A PLAN TO GUIDE THE FUTURE GROWTH OF OWASSO, OKLAHOMA CITY OFOWASSO, OKLAHOMA RESOLUTION 2022 -XX A RESOLUTION ADOPTING THE GROWASSO 2035 LAND USE MASTER PLAN WHEREAS, the City of Owasso did cause to be prepared and subsequently adopted in 1969, 1978, 2000, 2004, 2007, and 2014, a Master Plan for the City of Owasso for the orderly growth and development of the community; and WHEREAS, the City of Owasso and its environs have experienced a high level of growth, increasing the burden on public utilities, facilities, and service systems, and increased traffic congestion such that an update of the Master Plan was deemed to be desirable and necessary; and WHEREAS, beginning in August of 2021, two (2) committees were formed to work on updating the Master Plan, one committee comprised of City Staff and the other committee comprised of members from the City Council, Planning Commission, business community, Owasso Public Schools, and general citizenry; and WHEREAS, an extensive public input process was conducted; and WHEREAS, The Owasso Planning Commission and the Owasso City Council have reviewed the recommendations of staff and the Land Use Master Plan Steering Committee to approve the GrOwasso 2035 Land Use Master Plan. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, AS FOLLOWS: That the document entitled the "GrOwasso 2035 Land Use Master Plan," be and the same is hereby adopted, and that said document, its accompanying text and land use map shall serve as the guide and reference for policy on the orderly growth and development of the City of Owasso, Oklahoma. PASSED AND APPROVED this day of , 2022. Kelly Lewis, Mayor ATTEST: Juliann M. Stevens, City Clerk APPROVED AS TO FORM: Julie Trout Lombardi, City Attorney TO: FROM: SUBJECT: DATE: The Honorable Mayor and City Council Alexa Beemer City Planner Rezoning OZ 22 -07- 414 South Birch Street August 5, 2022 BACKGROUND: The Community Development Department received a rezoning request for property located at 414 South Birch Street, just east of the City's maintenance garage. The subject property is approximately 0.45 acres in size, and is zoned Residential Single - Family (RS -3). The property is platted as Lot 3, Block 1 of the Ivadel Addition. The applicant is requesting a rezoning to Residential Multi- family (RM) for the entirety of the property. SUBJECT PROPERTY /PROJECT DATA: Property Size 0.45 acres +/- Current Zoning Residential Single-Family RS -3 Proposed Zoning Residential Multi-family RM Present Use Vacant Land Use Master Plan Downtown Development District Within PUD? No Within Overlay District? Yes; Downtown Overlay Water Provider City of Owasso Sewer Provider City of Owasso ANALYSIS: The applicant desires to rezone the subject property to RM, in order to accommodate the construction of a quadplex. • Since this property is within the Downtown Overlay District, a Planned Unit Development (PUD) is not required for this proposed multifamily use. o The Owasso Zoning Code allows for the construction of up to six (b) dwelling units on any property zoned for multifamily development, without the need of a PUD. • The Land Use Master Plan identifies the subject property as being within the Downtown Development District, an area where attached and higher density housing types are encouraged. Considering the above, assigning the subject property a zoning designation of RM would be in accordance with Land Use Master Plan, and thus in accordance with the long -range vision for the subject property as well as the goals of the Downtown Overlay. Page 2 OZ 22 -07 • Per the Owasso Zoning Code, there are no lot width or lot area minimum requirements for property zoned RM. a As such, the subject property is therefore considered conforming with regards to the bulk and area standards specified in the Owasso Zoning Code for RM -zoned property. • The City of Owasso will provide police, fire, ambulance, water and sanitary sewer services to the subject property. • Any development that occurs on the subject property must adhere to all subdivision, zoning, and engineering requirements of the City of Owasso. SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction Residential Single- Downtown North Family (RS -3) Residential Development City of Owasso District Residential Single- Downtown South Family (RS -3) Residential Development City of Owasso District East Residential Single- Residential Downtown Development City of Owasso Family (RS District City Maintenance Public / Institutional West Public Facilities (PF) Garage / Skate & Parks / Recreation City of Owasso Park PLANNING COMMISSION: The Owasso Planning Commission will review this rezoning request at their regular meeting on August 8, 2022. ATTACHMENTS: Aerial Map Zoning Map GrOwasso 2030 Land Use Master Plan Map Rezoning Exhibit Note; Graphic overlays may N not precisely align with physical Subject features on the ground. OZ 22-07 Aerial Photo Date. 202012021 Tract Feet Surrounding Zoning OZ 22 -07 Commercia Industrial Plat of Survey Boundary of Lot 3 of Block 1 Ovadel Addit ion City of Owasso Tulsa County, Oklahoma TO: The Honorable Mayor and City Council FROM: David Hurst Fire Chief SUBJECT: Architectural and Engineering Agreement for Fire Station #1 and Fire Station #2 Renovations DATE: August 5, 2022 BACKGROUND: To ensure the continuation of reliable fire and emergency medical services (EMS),. Fire Department staff developed strategic plans to guide efforts for sustainability and future growth. Our goal is to provide comprehensive protection for our Fire and EMS coverage areas. After reviewing these plans, staff determined that the current identified needs are the renovation of Fire Station # 1 and Fire Station #2. Fire Station #1, located on Garnett Road, was opened 27 years ago in 1995. Fire Station #2, located on 761h Street North, was originally City Hall, built in the mid 1970's and reopened as a fire station 17 years ago in 2005. Since the opening of both stations, there has been renovation work conducted by both Fire Department staff and outside contract work; but, a more in -depth renovation is needed to maintain and improve the use of the facilities for the future. Staff estimates these renovations will extend the life of the facilities for another fifteen to twenty years. On October 26, 2021, staff presented the Fire Station #I and Fire Station #2 renovations project to the Capital Improvements Committee who recommended each project as eligible to receive Capital Improvement funding. On Dec. 3, 2021, the Owasso City Council approved Resolution 2021 -16, amending the list of projects eligible for the Capital Improvements Fund to include Fire Station #1 and Fire Station #2 renovations. ARCHITECTURAL AND ENGINEERING FIRM: The next step for this project is to obtain the services from an Architectural and Engineering Firm. On May 18, 2022, staff posted a Request for Qualifications (RFQ), on the City's website and advertised in the local newspaper for Architectural and Engineering services for Fire Station #1 and Fire Station #2 renovations, with a submittal deadline of June 8, 2022. On June 8, 2022, seven (7) submittals for the Fire Station #I and Fire Station #2 renovations were received. Over the following two weeks, staff conducted a thorough evaluation of the submitted RFQ's. Submittals were scored based on adherence to RFQ instructions, company information, project understanding and performance. The scores for each firm were tallied, resulting in a final Fire Station #t & 2 Page 2 ranking of all seven (7) firms, with K +D Architects of Owasso, Oklahoma, receiving the highest score. Staff determined that K +D Architect's project approach and design processes (including checks and balances), as well as their team of expert consultants, would assure the City a finished product that meets all of its current and future needs for this project. ARCHITECTURAL AND ENGINEERING AGREEMENT /SCOPE OF WORK: Staff met with K +D Architects to discuss the scope of services and contract structure. During this meeting, several topics were discussed, including: philosophy of the City and the fire department as it relates to community presence and partnership, needs and priorities of the project, contract structure, project timeline and to ensure the interests of both parties are protected. The following components are included in the agreement at a cost of $148,500.00: • Schematic Design • Construction Documents • Construction Administration FUNDING: Funding is available in the Capital Improvements Fund. ATTACHMENT: Proposed Architectural and Engineering Agreement AIA Document B105 TM —2017 Standard Short Form of Agreement Between Owner and Architect AGREEMENT made as of the Nineteenth day of July in the year Two Thousand Twenty Two (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) Owasso Fire Department 11933 E 1 16th Street North Owasso, Oklahoma 74055 and the Architect: (Name, legal status, address and other information) k +d architects 201 South Main Street, Suite 203 Owasso, Oklahoma 74055 for the following Project: (Name, location and detailed description) Fire Station #1 and Station #2 Owasso, Oklahoma Refer to attached Proposal for Design Services dated Juluy 19, 2022. The Owner and Architect agree as follows. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document B105*" —2017. Copyright © 1993, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This Ale Init. Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Al a Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document 1 was created on 04/28/2022 22:38:35 under the terms of AIA Documents on Demand° Order No. 2114316998 , and is not for resale. This document is licensed by The American Institute of Architects for one -time use only, and may not be reproduced prior to its completion. ARTICLE 1 ARCHITECT'S RESPONSIBILITIES The Architect shall provide architectural services for the Project as described in this Agreement. The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. The Architect shall assist the Owner in determining consulting services required for the Project. The Architect's . services include the following consulting services, if any: Refer to attached Proposal for Design Services dated July 19, 2022. During the Design Phase, the Architect shall review the Owner's scope of work, budget and schedule and reach an understanding with the Owner of the Project requirements. Based on the approved Project requirements, the Architect shall develop a design, which shall be set forth in drawings and other documents appropriate for the Project. Upon the Owner's approval of the design, the Architect shall prepare Construction Documents indicating requirements for construction of the Project and shall coordinate its services with any consulting services the Owner provides. The Architect shall assist the Owner in filing documents required for the approval of governmental authorities, in obtaining bids or proposals, and in awarding contracts for construction. During the Construction Phase, the Architect shall act as the Owner's representative and provide administration of the Contract between the Owner and Contractor. The extent of the Architect's authority and responsibility during construction is described in AIA Document Al05T"L2017, Standard Short Form of Agreement Between Owner and Contractor. If the Owner and Contractor modify AIA Document A105 -2017, those modifications shall not affect the Architect's services under this Agreement, unless the Owner and Architect amend this Agreement. ARTICLE 2 OWNER'S RESPONSIBILITIES The Owner shall provide full information about the objectives, schedule, constraints and existing conditions of the Project, and shall establish a budget that includes reasonable contingencies and meets the Project requirements. The Owner shall provide decisions and furnish required information as expeditiously as necessary for the orderly progress of the Project. The Architect shall be entitled to rely on the accuracy and completeness of the Owner's information. The Owner shall furnish consulting services not provided by the Architect, but required for the Project, such as surveying, which shall include property boundaries, topography, utilities, and wetlands information; geotechnical engineering; and environmental testing services. The Owner shall employ a Contractor, experienced in the type. of Project to be constructed, to perform the construction Work and to provide price information. ARTICLE 3 USE OF DOCUMENTS Drawings, specifications and other documents prepared by the Architect are the Architect's Instruments of Service, and are for the Owner's use solely with respect to constructing the Project. The Architect shall retain all common law, statutory and other reserved rights, including the copyright. Upon completion of the construction of the Project, provided that the Owner substantially performs its obligations under this Agreement, the Architect grants to the Owner a license to use the Architect's Instruments of Service as a reference for maintaining, altering and adding to the Project. The Owner agrees to indemnify the Architect from all costs and expenses related to claims arising from the Owner's use of the Instruments of Service without retaining the Architect. When transmitting copyright - protected information for use on the Project, the transmitting party represents that it is either the copyright owner of the information, or has permission from the copyright owner to transmit the information for its use on the Project. ARTICLE 4 TERMINATION, SUSPENSION OR ABANDONMENT In the event of termination, suspension or abandonment of the Project by the Owner, the Architect shall be compensated for services performed. The Owner's failure to make payments in accordance with this Agreement shall be considered substantial nonperformance and sufficient cause for the Architect to suspend or terminate services. Either the Architect or the Owner may terminate this Agreement after giving no less than seven days' written notice if the Project is suspended for more than 90 days, or if the other party substantially fails to perform in accordance with the terms of this Agreement. Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of Substantial Completion. AIA Document 2017. Copyright m 1993, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This Ale Init. Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document /was created on 04/2812022 22:38:35 under the terms of AIA Documents on Demand° Omer No. 2114316998 , and is not for resale. This document is licensed by The American Institute of Architects for one -time use only, and may not be reproduced prior to Its completion. ARTICLE 5 MISCELLANEOUS PROVISIONS This Agreement shall be governed by the law of the place where the Project is located. Terms in this Agreement shall have the same meaning as those in AIA Document A105 -2017, Standard Short Form of Agreement Between Owner and Contractor. Neither party to this Agreement shall assign the contract as a whole without written consent of the other. Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Owner or the Architect. The Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. ARTICLE 6 PAYMENTS AND COMPENSATION TO THE ARCHITECT The Architect's Compensation shall be: Refer to attached Proposal for Design Services dated July 19, 2022. The Owner shall oav the Architect an initial navment of ($ ) as a minimum payment under this Agreement. The initial payment shall be credited to the final invoice. The Owner shall reimburse the Architect for expenses incurred in the interest of the Project, plus five percent ( 5%). Payments are due and payable upon receipt of the Architect's monthly invoice. Amounts unpaid Thirty ( 30 ) days after the invoice date shall bear interest from the date payment is due at the rate of percent( %) , or in the absence thereof, at the legal rate prevailing at the principal place of business of the Architect. At the request of the Owner, the Architect shall provide additional services not included in Article 1 for additional compensation. Such additional services may include, but not be limited to, providing or coordinating services of consultants not identified in Article 1; revisions due to changes in the Project scope, quality or budget, or due to Owner - requested changes in the approved design; evaluating changes in the Work and Contractors' requests for substitutions of materials or systems; providing services necessitated by the Contractor's failure to perform; and the extension of the Architect's Article I services beyond Eighteen ( 18 ) months of the date of this Agreement through no fault of the Architect. ARTICLE 7 OTHER PROVISIONS (Insert descriptions of other services and modifications to the terms ofthis Agreement.) Refer to attached Proposal for Design Services dated July 19, 2022. AIA Document Bill" —2017. Copyright ©1993. 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA! Init. Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document / was created on 04/2812022 22:38:35 under the terms of AIA Documents on Demand° Order No. 2114316998 , and is not for resale. This document is licensed by The American Institute of Architects for one -t me use only, and may not be reproduced prior to its completion. This Agreement entered into as of the day and year first written above. OWNER (Signature) ARCHI (Signature) Jeff avis, AIA (Printed name and title) (Printed name, title, and license number, if required) Init. AIA Document BIO " -2017. Copyright 01993, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document t was created on 04/2812022 22:38:35 under the terms of AIA Documents an Demands Order No. 2114316998 , and is not for resale. This document is licensed by The American Institute of Architects for one -time use only, and may not be reproduced prior to its completion. Proposal for Design Services Owasso Fire Department Station #1 and Station #2 Renovations Owasso, Oklahoma July 19, 2022 k +d architects is pleased to present this proposal for design services for the Owasso Fire Department's renovations of Station #1 and Station #2. k +d architects understands the Scope of Work to be as follows: Schematic Design Station #1: The proposed project will consist of the renovation of the existing fire station. The exterior of the building needs to be updated. There are areas where the existing wood siding needs to be replaced and the outside needs to be painted. It is desired to store a spare apparatus in the South building, but there are concerns with the exhaust fumes and the equipment in the building. It is desired to relocate the existing weight equipment into the main station. The exact location is to be determined. The bunk rooms need to be updated and the number increased. There are currently 5 bunks and 7 is desired. The location of these to items will be studied to determine the best location for each. The existing Men's locker room and bathroom is large and potentially could be divided into a Men and Women restroom. The living room and kitchen will receive upgraded finishes and cabinets. The equipment area is dire need of ventilation as there is currently none. There are concerns about staff health due to fumes after a fire call be stagnant in the room. The apparatus bay needs some minor electrical upgrades to accommodate a shift from gas powered to battery powered tools. Station #2: The apparatus bay needs a new vehicle exhaust system. It also needs some general upgrading of plumbing, storage, and finishes. There is a need to provide a man door from the apparatus bay to the exterior. The entire second floor is need of renovation. The kitchen /living room needs to be a bit larger, new cabinets with a pantry for each shift, and an exterior door to a new outside gathering space. The outside space will be a new fenced in area for staff to cookout and relax while not on public display. The bunk rooms need to be bigger with a locker for each shift in each room. It also desired to get these located closer to the apparatus bay. These upgrades also include the captain's office and bunk room. Six total bunk rooms are desired. The existing public lobby needs to be stay in place but could be smaller. It also needs to have a more secure entry so that public can not walk freely into the station. The gym needs to be increased in size. It is currently cramped and not everyone can workout at the same time. The first floor will have some minor improvements to the OEM space. There will be some updated finishes and relabeling of spaces to make the space more efficient for use. The exterior of Station #2 will need some cosmetic upgrades. The desire is to have the station match the exterior colors of the adjacent Community Center. There are areas around the apparatus bay doors that need to be repaired. If budget allows some of the exterior concrete paving, ramps and stairs need to removed and replaced. k +d architects + 201 South Main Street, Suite 203 + Owasso, OK 74055 + 918.376.3113 www.k+darchitects.com These schematic design statements are based on meeting with department staff. Construction Documents Once a Schematic Design is approved, Construction Documents will be produced based on the Schematic Design. The Construction Documents will be suitable for permitting and construction and meet all applicable codes. If needed, Structural Engineering drawings will be provided as part of the CDs. Richards and Associates will be the Structural Engineer. Mechanical and Electrical Engineering will be provided by HP Engineering. HP will provide the heat and air systems, lighting, power, and plumbing design for the CDs. Construction Administration Construction Administration will be included with our fee. Construction Administration includes the review of any required submittals, answer contractor questions during construction, issue any clarifications /changes, and make site visits to observe overall quality and compliance of the work, document the site, and review contractor's pay applications. We will make 2 official site visits per month. Reimbursable Expenses Reimbursable expenses for printing, photocopies, postage, mileage (outside the Tulsa metro area), permit review fees, permit fees, delivery services, etc., will be billed at the actual cost plus 5 %. Scope Changes Any changes to the scope of the project mentioned in this proposal, will be reviewed, discussed, and agreed upon before any work is to be completed. Fees for scope changes will also be agreed upon at the time of change. Exclusions The following items are excluded from the Scope of Work to be provided by k +d architects and its consultants • Any sustainability certifications • Testing —third party testing of certain items should be budgeted into the overall project budget. • Record Drawings (As- Builts) • Warranty Inspections (1 year anniversary) Proposed Fees our proposed fee for this project will be as follows: • Station #1 $57,500 • Station #2 $71,000 • Civil Engineering $12,000 (Allowance) • Topographic Survey $8,000 (Allowance) TOTAL $148,500 Payments Invoices will be submitted monthly or upon completion of a milestone (Schematic Design, Design Development, Construction Documents, Construction Administration). Payment will be due within 30 days. We are excited to have the opportunity to work with you on this project. If you have any further questions, please do not hesitate to contact me. Thank you for your consideration. Jeff Davis, AIA TO: The Honorable Mayor and City Council FROM: Roger Stevens Public Works Director SUBJECT: 2023 Street Rehabilitation Program Proposed Project Listing DATE: August 5, 2022 BACKGROUND: Annually, street rehabilitation sites are evaluated and selected based on a comprehensive assessment of roadway conditions. In July 2022, the Public Works staff completed an update to the City's street inventory. The data collected for the model was adjusted to reflect changes in segment conditions. The selection process is aimed at maximizing the taxpayer's return on investment by increasing roadway lifecycle and minimizing future maintenance costs while enhancing overall roadway driving conditions and public safety. Staff has been trying to fund Main Street improvements from Broadway to East 11 i Street in the street rehabilitation program for several years, but the cost for the one project exceeded the total budget for the program. In April 2021, Indian Nations Council of Governments (INCOG) announced a Coronavirus Response and Relief Supplemental Appropriations (CRRSSA) funding package that had a quick tum- around schedule for design and construction and the opportunity arose for Main Street Rehabilitation with the CRRSSA funds. Staff submitted the project, with City Council approval on May 18, 2021, and the project was selected a few months later. As a result, the City of Owasso will receive $750,000 in federal funds for engineering and construction of the Main Street Rehabilitation Project. The estimated cost for the base project, including design services is $2,750,000. PROJECT FUNDING: Funding for this project in the amount of $1,200,000 is available in the Capital Improvements Fund. In addition, the Half -Penny Sales Tax Fund has $800,000 allocated for this fiscal year's street repair program. As a result, total funding available for the 2023 Street Rehabilitation Program is $2,000;000. PROPOSED ACTION: This item has been placed on the August 9, 2022, City Council Worksession agenda for discussion. ATTACHMENT: Location Map Main Street, Broadway to 11th Street Location Map 05/04/2021 This map may represents a visual display of related geographic information. Data provided hereon is not guarantee of acurual field conditions. To be sure of complete accuracv, please contact the responsible staff for most up- to-date information. TO: The Honorable Mayor and City Council FROM: Daniel Dearing, CFM, PE Assistant City Engineer SUBJECT: Garnett Culvert Improvements Agreement for Engineering Design Services DATE: August 5, 2022 BACKGROUND: In 2005, the City widened Garnett between 86th & 96th Street from two lanes to four lanes with a center turn lane. Just south of now Christian Brothers is a culvert crossing that was improved with Garnett widening that has an open channel or creek on either side. Downstream of the culvert on the west side is 100 -year (100 -yr) Federal Emergency Management Agency (FEMA) regulated floodplain. The FEMA flood study stops at Garnett due to their minimum upstream basin cutoff and is called by FEMA, Ranch Creek Tributary A. However, the creek east of Garnett is not engineered and floods out of its banks during a 100 -yr storm. Areas that flood during 100 -yr storms and are beyond FEMA's study area are considered City Regulatory Floodplain. The City has stormwater studies that produces what the footprint and elevation the 100 -yr storms flood to in City Regulatory Floodplain areas. In order to protect property owners during development, the City regulates development standards in a City Regulatory Floodplain similar to those in the FEMA Floodplain, with the exception that no lengthy FEMA processes are involved. When Garnett was a two -lane road, the culvert was undersized for a 100 -yr storm and backed water up until it overtopped Garnett. The road and culvert were acting to some degree as an unintentional detention pond. The design of the culvert with the widening was unable to allow the full 100 -yr flow through the culvert without increasing the flooding elevations downstream and directly impacted properties in Ator and Fairways subdivisions. The culvert was designed to allow for as much increased capacity possible under Garnett without an increase to any downstream FEMA flood elevations. As a result, 100-yr floodwaters on the east side were maintained to be held back and Garnett was still proposed to overtop in the 100 -yr event however both at lower levels. The final design and construction did not increase the FEMA floodplain for Ranch Creek Tributary A and lowered the overtopping elevation of Garnett and the adjacent flooding elevations on the east side during the 100 -yr storm meeting both FEMA and City floodplain standards. While the outcome could be considered undesirable, it was still an improved condition from the less desirable existing state for all three (west side, roadway, and east side) while meeting flood development standards. In 2010, the City constructed the Garnett Regional Detention Facility, which is almost immediately downstream of the Garnett Culvert. This pond restricts the flows of the basin and allows development in the upstream basin to not require detention on each property while stabilizing flood elevations downstream in Ranch Creek Tributary A. Developers pay a fee in lieu of detention in the amount of $30,737 /acre. Had the regional detention pond been in place at the time of design for Garnett widening, the culvert design could have had increased capacity to flow more runoff through it to prevent overtopping and not increase downstream flooding in the Ranch Creek Tributary A. Garnett Culvert Engineering Design Page 2 In 2022, Smith Farm Village development began preparing plans for developing the property on either side of the creek east of Garnett that extends up to 96th Street. Due to the restrictions and potential mitigation costs from the U.S. Army Corps of Engineers (USACE) Regulatory Branch, the development team opted to leave the creek in its existing state with no engineered capacity to carry the 100 -yr storm through the development. This results in the continuation of City regulatory floodplain existing beyond the banks of the creek and not controlled within an engineered channel or storm conveyance. The development team designed the site to keep development lots out of the creek's floodplain leaving portions undeveloped as a tradeoff for mitigation costs for USACE permitting. However, the Garnett Culvert restriction and overtopping elevation causes ponding on the property that are not within USACE controlled areas and with the Garnett Regional Detention in place, the ponding to protect downstream flooding at Garnett is no longer a necessity. Despite paying the fee in lieu of detention, a portion of the private property was incurring ponding of stormwater due to the Garnett culvert restriction that should be ponding within the Garnett Regional Detention Facility. City staff determined that the Garnett Culvert should be corrected and the culvert improved to increase the capacity to allow runoff to proceed to the Garnett Regional Detention Pond without overtopping Garnett and backing water up on the private property on the east side of Garnett. Staff selected Meshek & Associates, LLC due to their familiarity with the floodplain models and mapping on both sides of City and FEMA regulatory floodplains. Since the upstream creek will remain unimproved by the developer, there will still be flooding outside of the banks. Improving the culvert would not remove flooding upstream but would reduce it to not overtop and pond on the property. City staff, Meshek staff and the developer's engineer, Route 66 Engineering, LLC, coordinated to determine that the flood elevation of 676.50 just upstream of the Garnett Culvert in the creek would be acceptable to remove ponding negatively impacting the private property. ENGINEERING AGREEMENT /SCOPE OF WORK: City staff and Meshek & Associates, LLC, developed a scope of work for the design project. The project will provide additional storm sewer capacity under Garnett Road resulting in a 100 -yr flood (1 % annual chance flood) elevation lower than 676.50. The following components are included in the scope of the agreement: 1. Perform topographic survey and boundary survey to verify existing easements and right of way of the project site; 2. Prepare preliminary and final construction plans for culvert improvements; 3. Assist in the preparation of bidding documents, attend up to two (2) meetings during the bidding and award process, and attend up to two (2) meetings with the contractor during construction; 4. Prepare As -Built plans. On July 12, 2022, City staff and Meshek & Associates, LLC, came to an agreement relating to the engineering service fee and schedule. If approved by City Council, cost of engineering services will be a lump sum amount of $107,708.00 and will take 6 months to complete, followed by advertisement for construction bids. FUNDING: Funding is available in the Stormwater Fund Budget. 96th & 145th Intersection Engineering Design Page 3 ATTACHMENTS: Location Map Engineering Agreement /Exhibits GARNETT CULVERT IMPROVEMENTS AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK GARNETT CULVERT IMPROVEMENTS THIS AGREEMENT, made and entered into this _ day of 2022 between the City of Owasso, Oklahoma, a Municipal Corporation, of Oklahoma, hereinafter referred to as CITY, and Meshek & Associates, LLC, hereinafter referred to as ENGINEER; WITNESSETH: WHEREAS, CITY intends to design culvert improvements approximately 1/4 mile south of 96th St. N. & Garnett Rd. intersection, 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 fiscal year 2022 -2023 Stormwater Management Budget; NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: 1. SCOPE OF PROTECT. The scope of the PROJECT is described in Attachment A, SCOPE OF PROTECT, which is attached hereto and incorporated by reference as part of this AGREEMENT. 2. SERVICES TO BE PERFORMED BY ENGINEER. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, which is attached hereto and incorporated by reference as part of this AGREEMENT. 3. CITY'S RESPONSIBILITIES. CITY shall be responsible for all matters described in Attachment C, RESPONSIBILITIES OF THE CITY, which is attached hereto and incorporated by reference as part of this AGREEMENT. 4. COMPENSATION. CITY shall pay ENGINEER in accordance with Attachment D, COMPENSATION, and further described in Attachment E, BILLING RATE SHEET, which are attached hereto and incorporated by reference as part of this AGREEMENT. 5. SCHEDULE. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES in accordance with the schedule set forth in Attachment F, SCHEDULE, attached hereto and incorporated by reference as part of this AGREEMENT. 6. STANDARD OF PERFORMANCE. ENGINEER shall perform the SERVICES undertaken in a manner consistent with the prevailing accepted standard for similar services with respect to projects of comparable function and complexity and with the applicable laws and regulations published and in effect at the time of performance of the SERVICES. The PROJECT shall be designed and engineered in a good and workmanlike manner and in strict accordance with this AGREEMENT. All engineering work shall be performed by or under the supervision of Professional Engineers licensed in the State of Oklahoma, and properly qualified to perform such PAGE 1 OF 15 engineering services, which qualification shall be subject to review by CITY. Other than the obligation of the ENGINEER to perform in accordance with the foregoing standards, no warranty, either express or implied, shall apply to the SERVICES to be performed by the ENGINEER pursuant to this AGREEMENT or the suitability of ENGINEER'S work product. LIMITATION OF RESPONSIBILITY. 7.1. ENGINEER shall not be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the PROJECT. 7.2. The presence of ENGINEEWs personnel at a construction site is for the purpose of providing to the CITY a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). 7.3. In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and /or execution. These conditions and cost /execution effects are not the responsibility of ENGINEER. 7.4. Record drawings will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. 7.5. ENGINEEWs deliverables, including record drawings, are limited to the sealed and signed hard copies. Computer - generated drawing files furnished by ENGINEER are for CITY or others' convenience. Any conclusions or information derived or obtained from these files will be at user's sole risk. 8. OPINIONS OF COST AND SCHEDULE. 8.1. Since ENGINEER has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors', subcontractors', or vendors' methods of determining prices, or over competitive bidding or market conditions, ENGINEER'S cost estimates shall be made on the basis of qualifications and experience as a Professional Engineer. 8.2. Since ENGINEER has no control over the resources provided by others to meet construction contract schedules, ENGINEER'S forecast schedules shall be made on the basis of qualifications and experience as a Professional Engineer. PAGE 2 OF 15 9. LIABILITY AND INDEMNIFICATION. 9.1. The ENGINEER shall indemnify and hold the CITY and the CITY's officers and employees harmless from and against damages, losses and judgments arising from claims by third parties, including reasonable attorneys' fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts or omissions of the ENGINEER, its employees and its consultants in the performance of professional services under this Agreement. The ENGINEER's duty to indemnify the CITY under this provision shall be limited to the available proceeds of insurance coverage. 9.2. ENGINEER shall not be liable to CITY for any special, indirect or consequential damages, such as, but not limited to, loss of revenue, or loss of anticipated profits. 10. CONTRACTOR INDEMNIFICATION AND CLAIMS. 10.1. CITY agrees to include in all construction contracts the provisions of Articles 7.1, and 7.2, and provisions providing contractor indemnification of CITY and ENGINEER for contractor's negligence. 10.2. CITY shall require construction contractor(s) to name CITY and ENGINEER as additional insureds on the contractor's general liability insurance policy. 11. COMPLIANCE WITH LAWS. In performance of the SERVICES, ENGINEER shall comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. ENGINEER shall procure the permits, certificates, and licenses necessary to allow ENGINEER to perform the SERVICES. ENGINEER shall not be responsible for procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to ENGINEER in Attachment B, SCOPE OF SERVICES. 12. INSURANCE. 12.1. During the performance of the SERVICES under this AGREEMENT, ENGINEER shall maintain the following insurance: 12.1.1. General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. 12.1.2. Automobile Liability Insurance with bodily injury limits of not less than $1,000,000 for each person and not less than $1,000,000 for each accident and with property damage limits of not less than $100,000 for each accident. 12.1.3. Worker's Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance with limits of not less than $100,000 for each occurrence. 12.1.4. Errors and Omissions Insurance to remain in effect during the PROJECT and the term of any legal liability. Errors and Omissions coverage to be for a minimum of $1,000,000. PAGE 3 OF 15 12.2. ENGINEER shall furnish CITY updated certificates of insurance upon request at anytime throughout the duration of the contract. 13. OWNERSHIP AND REUSE OF DOCUMENTS. 13.1. All documents, including original drawings, estimates, specifications, field notes and data shall become and remain the property of the CITY. 13.2. CITY'S reuse of such documents without written verification or adaptation by ENGINEER for the specific purpose intended shall be at CITY'S risk. 14. TERMINATION OF AGREEMENT. 14.1. The obligation to continue SERVICES under this AGREEMENT may be terminated by either party upon fifteen days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 14.2. CITY shall have the right to terminate this AGREEMENT, or suspend performance thereof, for CITY'S convenience upon written notice to ENGINEER; and ENGINEER shall terminate or suspend performance of SERVICES on a schedule acceptable to CITY. In the event of termination or suspension for CITY'S convenience, CITY shall pay ENGINEER for all SERVICES performed to the date of termination in accordance with provisions of Attachment D, COMPENSATION. Upon restart of a suspended project, ENGINEER's contract price and schedule shall be equitably adjusted. 15. NOTICE. Any notice, demand, or request required by or made pursuant to this AGREEMENT shall be deemed properly made if personally delivered in writing or deposited in the United States mail, postage prepaid, to the address specified below. To ENGINEER: Meshek & Associates, LLC 1437 S. Boulder Ave. Suite 1550 Tulsa, OK 74119 Attention: Benjamin W. Fletcher, PE, LSI To CITY: CITY OF OWASSO 301 W 2nd Avenue Owasso, Oklahoma 74055 Attention: Roger Stevens, Public Works Director 15.1. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of ENGINEER and CITY. 16. UNCONTROLLABLE FORCES. Neither CITY nor ENGINEER shall be considered to be in default of this AGREEMENT if delays in or failure of performance shall be due to forces which are beyond the control of the parties; including, but not limited to: fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage; inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either CITY or ENGINEER under this PAGE 4 OF 15 AGREEMENT; strikes, work slowdowns or other labor disturbances, and judicial restraint. 17. SEVERABILITY. If any portion of this AGREEMENT shall be construed by a court of competent jurisdiction as unenforceable, such portion shall be severed herefrom, and the balance of this AGREEMENT shall remain in full force and effect. 18. INTEGRATION AND MODIFICATION. This AGREEMENT includes ATTACHMENTS A, B, C, D, E, and F and represents the entire and integrated AGREEMENT between the parties; and supersedes all prior negotiations, representations, or agreements pertaining to the SCOPE OF SERVICES herein, either written or oral. CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect ENGINEEws cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. This AGREEMENT may be amended only by written instrument signed by each of the Parties. 19. DISPUTE RESOLUTION PROCEDURE. In the event of a dispute between the ENGINEER and the CITY over the interpretation or application of the terms of this AGREEMENT, the matter shall be referred to the City's Director of Public Works for resolution. If the Director of Public Works is unable to resolve the dispute, the matter may, in the Director's discretion, be referred to the City Manager for resolution. Regardless of these procedures, neither party shall be precluded from exercising any rights, privileges or opportunities permitted by law to resolve any dispute. 20. ASSIGNMENT. ENGINEER shall not assign its obligations undertaken pursuant to this AGREEMENT, provided that nothing contained in this paragraph shall prevent ENGINEER from employing such independent consultants, associates, and subcontractors as ENGINEER may deem appropriate to assist ENGINEER in the performance of the SERVICES hereunder. 21. APPROVAL. It is understood and agreed that all work performed under this AGREEMENT shall be subject to inspection and approval by the Public Works Department of the City of Owasso, and any plans or specifications not meeting the terms set forth in this AGREEMENT will be replaced or corrected at the sole expense of the ENGINEER. The ENGINEER will meet with the City staff when requested and will be available for public meetings and City of Owasso presentations. 22. CONTRACT EXTENTIONS. Upon approval of the Public Works Department and the Consultant, this contract may be extended for three (3) successive, one (1) year terms if agreed to by both parties in writing not less than sixty (60) days prior to the expiration of the initial one (1) year or of any successive one (1) year term. Hourly rate changes from the consultant and maximum contract are subject to change. This extention is the first extention of a maximum of three (3) extentions. 23. KEY PERSONNEL. In performance of the SERVICES hereunder, ENGINEER has designated Staci Cuccio as Project Manager for the PROJECT. ENGINEER agrees that no change will be made in the assignment of this position without prior approval of CITY. PAGE 5 OF 15 IN WITNESS WHEREOF, the parties have executed this AGREEMENT in multiple copies on the respective dates herein below reflected to be effective on the date executed by the Mayor of the City of Owasso. APPROVED: City Clerk APPROVED AS TO FORM: City Attorney Meshek & Associates, LLC Namin W. Fletcher, PE, LSI 1 Date 7/12/2022 CITY OF OWASSO, OKLAHOMA Mayor Date PACE 6 O 15 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK GARNETT CULVERT IMPROVEMENTS Scope of Project Attachment A SCOPE OF PROTECT. The existing culvert on Garnett Road and Ranch Creek Tributary A was constructed prior to the design of the regional detention pond immediately downstream. Since the pond provided regional detention for upstream development, the fully developed flows exceed the capacity of the structure and cause overtopping and backwater upstream. The PROJECT will provide additional storm sewer capacity under Garnett Road resulting in a 1 % annual chance flood elevation lower than 676.50. The PROJECT shall consist of civil engineering services for the following categories of assignments: 1. Receive and review all information provided by CITY; 2. Perform topographic survey and boundary survey to verify existing easements and right of way of the project site; 3. Prepare preliminary and final construction plans for culvert improvements; a. ENGINEER to utilize roadway section as stated in CITY standard detail STRT -03 (8 inches Class AA concrete, 10 inches of compacted aggregate base with separator fabric) i. Concrete pavement joints to be designed utilizing CITY standard detail STRT -13 ii. Curb and gutter and sidewalk to be designed utilizing CITY standard detail STRT -07 iii. Roadway striping to be replaced like -kind for driving lanes, bike lanes, and symbols iv. Erosion control behind curb to be designed utilizing CITY standard detail STRM -18 b. Oklahoma Department of Tranportation (ODOT) RCB culvert standards will be utilized for the proposed RCB culverts needed for the PROJECT c. ENGINEER to include structural details for junction box to connect existing storm sewer to proposed storm sewer on east side of Garnett, east headwall, and modification to west headwall d. Construction plans will be submitted to the CITY for review at 60% and 90% completion. ENGINEER will attend a plan review meeting with the CITY staff following the two milestone submittals. Final signed and sealed construction documents will be prepared upon approval by the CITY. Cost estimate will be prepared at each milestone submittal by ENGINEER. PAGE 7 OF 15 4. Assist in the preparation of bidding documents, attend up to two (2) meetings during the bidding and award process, and attend up to two (2) meetings with the contractor during construction; 5. Prepare As -Built plans. PAGE 9 OF 15 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK GARNETT CULVERT IMPROVEMENTS Scope of Services Attachment B The services to be performed by the ENGINEER, Meshek & Associates, LLC, under this AGREEMENT will consist of providing civil engineering services for the categories of assignments presented in Attachment A, as directed individually by the CITY by 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 for each assignment 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: B.l.a) Perform a Topographic Survey and Boundary Survey B.l.a)1. Perform topographic survey: natural ground features including flowlines, ditches, and slopes; structures; paving; utilities including the storm sewer, sanitary sewer, gas, water, and telecommunications as per field observation and SUE utility locates; fences and other observed improvements. B.1.a) 2. Perform boundary survey to verify existing easements and right of way of the project site. B.l.b) Provide Preliminary Design B.l.b)1. Provide preliminary hydrologic and hydraulic design for the PROJECT B.l.b) 2. Prepare preliminary construction plans for the PROJECT B.1.b) 3. Prepare preliminary construction estimate B.l.c) Provide Final Design B.1.c)1. Provide final hydrologic and hydraulic design for the PROJECT B.1.c) 2. Prepare final construction plans for the PROJECT B.l.c) 3. Prepare final construction estimate PAGE 9 OF 15 LW B.1.d) Provide Construction Services B.1.d) 1. Assist in the preparation of bidding documents for the PROJECT B.1.d) 2. Attend up to two (2) meetings during the bidding and award process B.1.d) 3. Respond to all contractor's requests for information B.l.d) 4. Review all material submittals B.1.d) 5. Attend up to two (2) meetings with the contractor during construction B.1.d) 6 Prepare As -Built plans based on the inspector's and contractor's field notes Services not included in the Scope of Services are: B.2.a) 1. Geotechnical services B.2.a) 2. Design of waterline relocation B.2.a) 3. Design of sanitary sewer relocation B.2.a) 4. Construction inspections PAGE 10 OF 15 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK GARNETT CULVERT IMPROVEMENTS Responsibilities of the City Attachment C RESPONSIBILITIES OF THE CITY. The CITY agrees: CA Reports, Records, etc. To furnish, as required by the work, and not at expense to the ENGINEER: C.1.1 Records, reports, studies, plans, drawings, and other data available in the files of the CITY that may be useful in the work involved under this AGREEMENT. C.1.2 Standard construction drawings and standard specifications. C.1.3 ENGINEER will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by CITY. C.2 Access. To assist in providing access to public and private property when required in performance of ENGINEER's services. C.3 Staff Assistance. Designate the City Engineer (or another individual designated in writing) to act as its representative in respect to the work to be performed under this AGREEMENT, and such person shall have complete authority to transmit instructions, receive information, interpret and define CITY'S policies and decisions with respect to materials, equipment, elements and systems pertinent to the services covered by this AGREEMENT. C.3.1 Furnish staff assistance in locating, both horizontally and vertically, existing CITY owned utilities and in expediting their relocation as described in Attachment B. Further, CITY will furnish assistance as required in obtaining locations of other utilities, including "potholing'. C.3.2 Furnish legal assistance as required in the preparation of bidding, construction and other supporting documents. CA Review. Examine all studies, reports, sketches, estimates, specifications, drawings, proposals and other documents presented by ENGINEER and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. PAGE 11 OF 15 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK GARNETT CULVERT IMPROVEMENTS Compensation Attachment D COMPENSATION. The CITY agrees to pay, as compensation for services set forth in Attachment B, the following fees, payable monthly as each Phase of the work progresses; and within 30 calendar days of receipt of invoice. ENGINEER shall submit monthly invoices based upon actual percentage of work completed, completed at the time of billing. Additional services requested under this agreement will be invoiced according to the Rate Schedule provided in ATTACHMENT E. Invoices shall be accompanied by such documentation as the CITY may require in substantiation of the amount billed. D.1 Total Compensation. D.1.1 For the work under this project the total maximum billing including direct costs and subconsultant services shall be One Hundred Seven Thousand Seven Hundred Eighty Dollars and no cents ($107,780.00) which amount shall not be exceeded without further written authorization by CITY. D.2 Subconsultants and Other Professional Associates. Services of subcontractors and other consultants shall be compensated for at actual cost plus 5% management fee. Use of sub - consultants shall be authorized in advance by CITY. D.3 Other Direct Costs. D.3.1 Travel and subsistence shall be compensated for at actual cost. Local travel by personal or firm automobile shall be compensated for at the rate currently allowed by the IRS. D.3.2 Printing expenses shall be compensated for as shown in ATTACHMENT E. D.3.3 Any other direct costs shall be compensated for at actual when authorized in advance by CITY. DA Additional Services. Unless otherwise provided for in any accepted and authorized proposal for additional services, such services shall be compensated for on the same basis as provided for in Attachment D. D.5 Terminated Services. If this AGREEMENT is terminated, ENGINEER shall be paid for services performed to the effective date of termination. PAGE 12 OF 15 D.6 Conditions of Payment. D.6.1 Payments shall be made based on the amount of work complete at the time of invoicing as indicated within this AGREEMENT and shall be due and owing within thirty days of ENGINEER'S submittal of progress payment invoices. D.6.2 If CITY fails to make payments due ENGINEER within sixty days of the submittal of any progress payment invoice, ENGINEER may, after giving fifteen days written notice to CITY, suspend services under this AGREEMENT. 13.6.3 If the PROJECT is delayed, or if ENGINEER'S services for the PROJECT are delayed or suspended for more than ninety days for reasons beyond ENGINEER'S control, ENGINEER may, after giving fifteen days written notice to CITY, request renegotiation of compensation. PAGE 13 OF 15 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK GARNETT CULVERT IMPROVEMENTS 2022 Billing Rate Sheet Attachment E Project Principal II $ 280.00 GIS Project Principal $ 210.00 Project Principal 1 $ 245.00 GIS Project Manager 11 $ 195.00 Project Manager II $ 225.00 GIS Project Manager 1 $ 150.00 Project Manager 1 $ 150.00 GIS Specialist 11 $ 130.00 Project Engineer II $ 145.00 GIS Specialist 1 $ 100.00 Project En ineer 1 $ 125.00 GIS Analyst $ 85.00 Engineering Intern $ 110.00 GIS Technician $ 75.00 Engineering Technician II $ 125.00 GPS Field Technician $ 75.00 Engineering Technician 1 $ 85.00 ROW Project Manager 11 $ 180.00 CAD Designer $ 100.00 ROW Project Manager 1 $ 140.00 3 Man Survey Crew $ 295.00 Assistant ROW Project Manager $ 115.00 2 Man Survey Crew $ 200.00 Acquisition/Relocation Agent $ 95.00 Survey CAD Technician $ 90.00 Real Estate Trainee $ 85.00 Survey Crew Chief 1 $ 95.00 Planning Project Manager II $ 155.00 Survey Crew Chief II $ 120.00 Planning Project Manager 1 $ 115.00 Survey Crew Technician $ 80.00 Planner 11 $ 110.00 Survey Project Manager $ 185.00 Planner 1 $ 90.00 LiDAR Survey Crew $ 250.00 Contract Administrator $ 155.00 LiDAR Data Specialist 1 $ 120.00 Administrative $ 100.00 Mileage nce for Travel Billed at Current IRS Rate Per Diem Billed at Current IRS Rate Per Diem 8 -1/2 "x11" print 0.15 0.20 0.30 3.00 6.00 9.00 Billed at Current GSA Rate Billed per page printed MMMM&es Passthrough at Cost 8- 1/2'x14" print 11'x17" print Black and White Plots Color Plot M lays Outside Direct Project Expenses Subconsultant Services Cost plus 51/o management fee PAGE 14 OF 15 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK GARNETT CULVERT IMPROVEMENTS Schedule Attachment F F. SCHEDULE. The schedule for engineering services for the fiscal year 2022 -2023 PROJECT is provided as follows: F.1. Notice to Proceed: August 1, 2022 (or when Agreement is fully executed) Anticipated Project Schedule Project Task Project Time Allowed City Review Survey 15 days 60% Construction Plans 75 days 15 days 90% Construction Plans 30 days 15 days 100% Construction Plans 30 days Construction Services TBD As- builts 30 days F.2. Contract Expiration: July 31, 2024 F.3. Project reviews shall be completed in 10 working days by CITY F.4. Schedule for other assignments to be established at the time assignment is made to ENGINEER. PAGE 15 OF 15