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HomeMy WebLinkAbout2022.08.16_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL Council Chambers Old Central Building Tuesday, August 109 North Birch, Owasso, OK 16, 2022 - 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 Kelly Lewis 2. Invocation Richard Edwards, Senior Adult Pastor at Friendship Baptist Church 3. Flag Salute 4. Presentation of the Employee of the Quarter Warren Lehr 5. Roll Call RECEIVED TS AUG 12 2022 City Clerk's Office 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 - August 2, 2022, and August 9, 2022, Regular Meetings B. Approve claims C. Approve normal retirement benefits for Marsha Hensley D. Accept public infrastructure improvements of a concrete approach and sidewalk located at 9860 North 1 19th East Avenue (Reunion at Owasso) E. Accept the Heart Healthy 5K Trail construction project and authorize final payment to Magnum Construction, Inc., of Broken Arrow, Oklahoma, in the amount of $13,946.00 7. Consideration and appropriate action relating to items removed from the Consent Agenda 8. Consideration and appropriate action relating to Ordinance 1196, approving the rezoning of approximately 0.45 acres, located at 414 South Birch Street from Residential Single - Family (RS- 3) to Residential Multi- family (RM), OZ 22 -07 Alexa Beemer Staff recommends adoption of Ordinance 1196. 9. Consideration and appropriate action relating to Resolution 2022 -12, adopting the GrOwasso 2035 Land Use Masterplan Karl Fritschen Staff recommends approval of Resolution 2022 -12. 10. Consideration and appropriate action relating to the purchase of and payment for a 911 Logging Recorder Jason Woodruff Staff recommends approval to purchase an Eventide DX 740 Logging Recorder, in the amount of $53,689.00 from VistaCom of Houston, Texas, utilizing the Houston - Galveston Area Council Contract #RP07 -20, and authorization for payment. Owasso City Council August 16, 2022 Page 2 11. Consideration and appropriate action relating to bids received for the 2022 Annual Street Rehabilitation Program and a budget amendment Jake Ketner Staff recommends approval of a budget amendment in the Half -Penny Fund, increasing the appropriation for expenditures in the Streets Division by $800,000.00, by utilizing carryover funds from FY 2021 -2022; and, awarding the base bid and alternates 1 and 2 to Stronghand, LLC, of Tulsa, Oklahoma, in the amount of $1,618,285.97, and authorization to execute the necessary documents. 12. Consideration and appropriate action relating to a proposed project site for the Annual Street Rehabilitation Program Roger Stevens Staff recommends approval of the 2023 Street Rehabilitation Program priority project, Main Street Rehabilitation from Broadway to East 11 th Street. 13. Consideration and appropriate action relating to an agreement for engineering design services for the Main Street Rehabilitation project from Broadway to East 11th Street Dwayne Henderson Staff recommends approval of the Agreement for Engineering Services with Poe & Associates, Inc., of Tulsa, Oklahoma, in the amount of $191,755.00, and authorization to execute the necessary documents. 14. Consideration and appropriate action relating to an agreement for engineering design services for the Garnett Culvert Improvement Project Daniel Dearing Staff recommends approval of the Agreement for Engineering Services with Meshek & Associates, LLC, of Tulsa, Oklahoma, in the amount of $107,780.00, and authorization to execute the necessary documents. 15. Consideration and appropriate action relating to an agreement for architectural and engineering design services for Fire Station No.1 and Fire Station No. 2 renovation projects David Hurst Staff recommends approval of the Agreement for Architectural and Engineering Services with K +D Architects, of Owasso, Oklahoma, in an amount not to exceed $148,500.00, and authorization to execute the necessary documents. 16. Consideration and appropriate action relating to Resolution 2022 -13, authorizing condemnation proceedings to acquire a temporary construction easement and a sanitary sewer easement on property located at 10808 North 97th East Avenue for the Ranch Creek Interceptor Project and to retain the law firm of Doerner, Saunders, Daniel & Anderson, LLP, to represent the City of Owasso and prosecute this matter to conclusion Julie Lombardi Staff recommends approval of Resolution 2022 -13. 17. Report from City Manager 18. Report from City Attorney 19. Report from City Councilors Owasso City Council August 16, 2022 Page 3 20. Official Notices (documents for acknowledgment of receipt or information only, no discussion or action will be taken) • Payroll Payment Report - Pay Period Ending Date July 30, 2022 • Health Care Self- Insurance Claims - dated as of August 10, 2022 • Monthly Budget Status Report - July 2022 21. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 22. 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, at 12:00 pm on Friday, August 12, 2022. M. Stevens, City Clerk The City of Owasso encourages citizen participation. To request an accommodation due to a disability, contact the City Clerk at least 48 hours prior to the scheduled meeting by phone 918- 376 -1502 or by email to istevens@citvofowosso.com OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING TUESDAY, AUGUST 2, 2022 The Owasso City Council met in regular session on Tuesday, August 2, 2022, in the Council Chambers at Old Central, 109 North Birch, Owasso, Oklahoma per the Notice of Public Meeting filed Friday, December 10, 2021; and the Agenda filed in the office of the City Clerk and posted at City Hall, 200 South Main Street, at 5:00 pm on Thursday, July 28, 2022. 1. Call to Order Mayor Kelly Lewis called the meeting to order at 6:30pm. 2. Invocation The Invocation was offered by Pastor Scott Carlson of the Refuge Owasso. 3. Flag Salute Vice Mayor Alvin Fruga led the flag salute. 4. Roll Call Present Absent Mayor - Kelly Lewis Councilor - Bill Bush Vice Mayor -Alvin Fruga Councilor -Doug Bonebrake Councilor- Lyndell Dunn A quorum was declared present. Staff: City Manager- Warren Lehr City Attorney - Julie Lombardi 5. Presentation of Character Trait of Cautiousness Chelsea Feary, Character Council Member, presented the character trait for the month of August. 6. Consideration and appropriate action relating to a request for approval of the Consent Agenda. (All matt ers 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 - July 19, 2022, Regular Meeting B. Approve claims Mr. Bonebrake moved, seconded by Mr. Dunn to approve the Consent Agenda, as presented with claims totaling $724,519.48. YEA: Bonebrake, Dunn, Fruga, Lewis NAY: None Motion carried: 4 -0 7. Consideration and appropriate action relating to items removed from the Consent Agenda None 8. Consideration and appropriate action relating to acceptance of the Oklahoma 911 Management Authority Grant and a budget amendment Jason Woodruff presented the item, recommending acceptance of the Oklahoma 911 Management Authority Grant, authorization to execute all necessary documents, and approval of a budget amendment in the E911 Communications Fund, increasing the estimated revenue and the appropriation for expenditures by $42,951.20. There were no comments from the audience. After discussion, Mr. Dunn moved, seconded by Mr. Bonebrake to accept the grant, authorize execution of all necessary documents and approve a budget amendment, as recommended. YEA: Bonebrake, Dunn, Fruga, Lewis NAY: None Motion carried: 4 -0 Owasso City Council August 2, 2022 Page 2 9. Consideration and appropriate action relating to bids received for uniform rental and procurement services for various departments Roger Stevens presented the item, recommending to award the bid to Unifirst Corporation, of Tulsa, Oklahoma and authorization to execute all necessary documents. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn to award the bid and authorize 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 request for an executive session, as provided for in Title 25, O.S. § 307(6)(4), for the purpose of discussion confidential communications between the City Council and its Attorney concerning approval of Resolutions 2022 -10 and 2022 -11 pertaining to potential settlements in the Opioid Litigation Julie Lombardi presented the item, recommending that City Council enter into executive session. Mr. Dunn moved, seconded by Mr. Bonebrake to enter into executive session, as recommended. At 6:50 pm, the City Council members along with Julie Lombardi, Warren Lehr, Chris Garrett, and Tony Puckett entered into executive session. At 7:33 pm, the City Council, Julie Lombardi, Warren Lehr, Chris Garrett and Tony Puckett exited the executive session and returned to open session. YEA: Bonebrake, Dunn, Fruga, Lewis NAY: None Motion carried: 4 -0 11. Consideration and appropriate action relating to Resolution 2022 -10, approving Owasso's participation in the Distributors Oklahoma Settlement Agreement and executing necessary additional documents Tony Puckett presented the item. There were no comments from the audience. Mr. Bonebrake moved, seconded by Mr. Dunn to approve Resolution 2022 -10. YEA: Bonebrake, Dunn, Fruga, Lewis NAY: None Motion carried: 4 -0 12. Consideration and appropriate action relating to Resolution 2022 -11, approving Owasso's participation in the Janssen Oklahoma Subdivision Opioid Settlement Agreement and executing necessary additional documents Tony Puckett presented the item. There were no comments from the audience. Mr. Dunn moved, seconded by Mr. Bonebrake to approve Resolution 2022-11. YEA: Bonebrake, Dunn, Fruga, Lewis NAY: None Motion carried: 4 -0 13. Report from City Manager Warren Lehr introduced Roger Stevens to provide the monthly Public Works project status report and discussion was held. Mr. Lehr reported on various upcoming City events. 14. Report from City Attorney None 15. Report from City Councilors None Owasso City Council August 2, 2022 Page 3 16. Official Notices (documents for acknowledgment of receipt or information only, no discussion or action will be taken) The Mayor acknowledged receipt of the following: • Payroll Payment Report - Pay Period Ending Date July 16, 2022 • Health Care Self- Insurance Claims - dated as of July 27, 2022 • Monthly Budget Status Report - June 2022 • Change Order executed by the City Manager or designee for the Wastewater Treatment Plant and Main Plant Lift Station Expansion Project 17. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) None 18. Adjournment Mr. 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 7:55 pm. Kelly Lewis, Mayor Juliann M. Stevens, City Clerk OWASSO CITY COUNCIL, PUBLIC WORKS AUTHORITY, AND PUBLIC GOLF AUTHORITY MINUTES OF JOINT REGULAR MEETING TUESDAY, AUGUST 9, 2022 The Owasso City Council, Owasso Public Works Authority (OPWA), and Owasso Public Golf Authority (OPGA) met in a joint regular meeting on Tuesday, August 9, 2022, in the Council Chambers at Old Central, 109 North Birch Street, Owasso, Oklahoma, per the Notice of Public Meeting filed Friday, December 10, 2021; and the Agenda filed in the office of the City Clerk and posted at City Hall, 200 South Main Street, at 12:00 pm on Friday, August 5, 2022. 1. Call to Order /Roll Call Mayor /Chair Kelly Lewis called the meeting to order at 6:00 pm. Present Absent Mayor /Chair- Kelly Lewis None Vice Mayor /Vice Chair - Alvin Fruga Councilor /Trustee - Doug Bonebrake Councilor /Trustee - Bill Bush Councilor /Trustee - Lyndell Dunn A quorum was declared present. 2. Discussion relating to the Community Development Block Grant (CDBG) Program Vice- Mayor /Chair Alvin Fruga removed the item from the agenda. 3. Discussion relating to Community Development Items 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) Karl Fritschen and Alexa Beemer presented the items and discussion was held. 4. Discussion relating to the agreement with Grand Gateway Economic Development Authority for Pelivan Transit services Josh Quigley presented the item and discussion was held. 5. Discussion relating to a proposed architect and engineering agreement for Fire Station No. 1 and Fire Station No. 2 Renovation Projects David Hurst presented the item and discussion was held. 6. Discussion relating to Public Works Department items 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 Roger Stevens presented items A, B, and D. Daniel Dearing presented item C. Discussion was held. 7. Discussion relating to City /Authority Manager items Warren Lehr A. Monthly sales fax report B. City Manager report Warren Lehr introduced Carly Novozinsky to present item A and discussion was held. Mr. Lehr reported on current road and bridge improvements, and upcoming Redbud Park events. Discussion was held. 8. City Councilor /Trustee comments and inquiries Mr. Bush encouraged citizen participation in upcoming Redbud Park events. Owasso City Council, OPWA & OPGA August 9, 2022 Page 2 9. Adjournment The meeting adjourned at 7:23 pm. Kelly Lewis, Mayor /Chair Juliann M. Stevens, City Clerk Claims List - 08/16/2022 Fund Vendor Name Payable Description Payment Amount 01 GENERAL BLUE ENERGY FUELS LLC CNG FUEL EXP JULY 22 $68.05 COX COMMUNICATIONS PHONE USAGE $10.69 FLEETCOR TECHNOLOGIES FUEL EXPENSES JULY 22 $43.96 JPMORGAN CHASE BANK ADVANCE AUTO -PARTS $111.41 JPMORGAN CHASE BANK AMAZON- EQUIPMENT $445.99 JPMORGAN CHASE BANK AMAZON- REFUND ($55.98) JPMORGAN CHASE BANK AMAZON- SUPPLIES $1,608.42 JPMORGAN CHASE BANK AMAZON - UNIFORM $69.36 JPMORGAN CHASE BANK BATTERY BROKERS -SUPPL $70.05 JPMORGAN CHASE BANK BOEHRINGER- SUPPLIES $242.46 JPMORGAN CHASE BANK ECOMFORT- SUPPLIES $823.42 JPMORGAN CHASE BANK ETSY - SUPPLIES $65.35 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $259.23 JPMORGAN CHASE BANK PAYPAL- SERVICE $150.00 JPMORGAN CHASE BANK SERENITY PET - SERVICE $160.00 JPMORGAN CHASE BANK TOMMYS EXPRESS -SUPPLI $72.54 JPMORGAN CHASE BANK WALMART- SUPPLIES $12.13 JPMORGAN CHASE BANK WATERSTONE- UNIFORM $60.90 VERIZON WIRELESS WIRELESS CONNECTION $80.02 GEN ANIMAL CONTROL -Total $4,298.00 JPMORGAN CHASE BANK BEARSHARK -FOOD $43.20 JPMORGAN CHASE BANK DREAMING DONUTS -FOOD $9.00 JPMORGAN CHASE BANK PARKS COFFEE - SUPPLIES $198.13 JPMORGAN CHASE BANK REASORS -FOOD $19.99 JPMORGAN CHASE BANK SAMS- SUPPLIES $17.86 GEN COMM CTR DONATIONS -Total $288.18 COX COMMUNICATIONS PHONE USAGE $17.81 JPMORGAN CHASE BANK AMAZON- SUPPLIES $138.06 JPMORGAN CHASE BANK OFFICE DEPOT - EQUIPMEN $117.99 JPMORGAN CHASE BANK QUIT BUGGIN- SERVICE $95.00 JPMORGAN CHASE BANK SAMS -FEE $55.00 JPMORGAN CHASE BANK SAMS- SUPPLIES $16.24 ONEOK INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $147.13 GEN COMMUNITY CENTER -Total $587.23 BLUE ENERGY FUELS LLC CNG FUEL EXP JULY 22 $64.22 COX COMMUNICATIONS PHONE USAGE $28.50 FLEETCOR TECHNOLOGIES FUEL EXPENSES JULY 22 $601.27 HAROLD RANDALL PINNEY LAWN MAINTENANCE $150.00 JPMORGAN CHASE BANK AMER PLAN -DUES $472.00 JPMORGAN CHASE BANK AMER PLAN - LICENSE $255.00 JPMORGAN CHASE BANK ATWOOD- UNIFORM $99.99 0 Claims List - 08116/2022 Fund Vendor Name Payable Description Payment Amount 01 GENERAL JPMORGAN CHASE BANK FASTSIGNS - SUPPLIES $10.00 JPMORGAN CHASE BANK GRAPHIC - SERVICE $302.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $103.97 JPMORGAN CHASE BANK SP CONSTRUCT -CLASS $995.00 TULSA COUNTY CLERK TULSA COUNTY FILINGS $90.00 VERIZON WIRELESS WIRELESS CONNECTION $204.67 GEN COMMUNITY DEVELOPMENT -Total $3,376.62 AMANDA FOYIL FRIDAY NIGHT LIVE $280.00 BLUE ENERGY FUELS LLC CNG FUEL EXP JULY 22 $66.37 COX COMMUNICATIONS PHONE USAGE $14.25 FLEETCOR TECHNOLOGIES FUEL EXPENSES JULY 22 $30187 JPMORGAN CHASE BANK AMAZON - REPLACE $141.98 JPMORGAN CHASE BANK AMAZON - SUPPLIES $780.35 JPMORGAN CHASE BANK AT YOUR SERV- RENTAL $610.00 JPMORGAN CHASE BANK KCD- ENTERTAINMENT $200.00 JPMORGAN CHASE BANK SWANK- ENTERTAINMENT $465.00 NEIL HANCE 2022 FIREWORK SHOW $18,134.77 GEN CULTURE & RECREATION -Total $20,996.59 COX COMMUNICATIONS PHONE USAGE $7.13 GEN ECONOMIC DEV -Total $7.13 AT &T PHONE SERVICE $3.23 COX COMMUNICATIONS PHONE USAGE $3.56 JPMORGAN CHASE BANK OFFICE DEPOT - REPLACE $232.99 VERDIGRIS VALLEY ELECTRIC COOP STORM SIREN #14 $31.39 VERDIGRIS VALLEY ELECTRIC COOP STORM SIREN #15 $32.49 VERDIGRIS VALLEY ELECTRIC COOP STORM SIREN #9 $31.47 VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN EMERG PREPAREDNESS -Total $375.14 COX COMMUNICATIONS PHONE USAGE $28.50 FLEETCOR TECHNOLOGIES FUEL EXPENSES JULY 22 $568.35 JPMORGAN CHASE BANK OES GLOBAL - SHIPPING $32.78 JPMORGAN CHASE BANK DES GLOBAL- SUPPLIES $93.73 JPMORGAN CHASE BANK OFFICE DEPOT- EQUIPMEN $49.99 JPMORGAN CHASE BANK STAPLES- SUPPLIES $83.02 LEMKE LAND SURVEYING SURVEY SERVICES $864.50 OKLAHOMA FLOODPLAIN MANAGERS ANNUAL CONFERENCE $1,500.00 UNIFIRST HOLDINGS LP UNIFORM SERVICES $35.02 VERIZON WIRELESS WIRELESS CONNECTION $80.03 GEN ENGINEERING -Total $3,335.92 COX COMMUNICATIONS PHONE USAGE $28.50 %a Claims List - 08/16/2022 Fund Vendor Name Payable Description Payment Amount 01 GENERAL JPMORGAN CHASE BANK AMAZON- SUPPLIES $16.88 JPMORGAN CHASE BANK STAPLES - SUPPLIES $57.45 SAFECHECKS CHECKS $582.94 GEN FINANCE -Total $685.77 AT &T PHONE SERVICE $9.71 ENTERPRISE FM TRUST FLEET LEASE $1,166.58 FLEETCOR TECHNOLOGIES FUEL EXPENSES JULY 22 $34.86 INCOG CTAG $1,533.50 JPMORGAN CHASE BANK AMER WASTE- DISPOSAL $99.07 MAILROOM FINANCE INC POSTAGE $1,000.00 ONEOK INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $167.38 TULSA COUNTY CLERK TULSA COUNTY FILINGS $120.00 VERIZON WIRELESS WIRELESS CONNECTION $42.31 GEN GENERAL GOVERNMENT -Total PIKEPASS -FEES $4,173.41 COX COMMUNICATIONS PHONE USAGE $3.56 ONEOK INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $36.64 GEN HISTORICAL MUSEUM -Total $40.20 JPMORGAN CHASE BANK SAV -ON- SUPPLIES $440.00 JPMORGAN CHASE BANK SUNDANCE- SUPPLIES $139.80 GEN HR - CHAR INITIATIVE - Total $579.80 AMERICANCHECKED INC ATTN: BILLING BACKGROUND CHECKS $356.30 COMMUNITYCARE EAP EAP FEE $468.00 COX COMMUNICATIONS PHONE USAGE $14.25 JPMORGAN CHASE BANK AMAZON- DEVELOPMENT $131.58 JPMORGAN CHASE BANK DELL - EQUIPMENT $489.58 JPMORGAN CHASE BANK GIANT TV- DEVELOPMENT $664.66 JPMORGAN CHASE BANK NEXTIVA- SERVICE $72.20 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $29.68 JPMORGAN CHASE BANK STRATA LEADER - SUPPLIE $2,193.42 GEN HUMAN RESOURCES -Total $4,419.67 AMERICAN ELECTRIC POWER POLE ATTACH FEE $448.80 COX COMMUNICATIONS PHONE USAGE $21.38 FLEETCOR TECHNOLOGIES FUEL EXPENSES JULY 22 $73.89 JPMORGAN CHASE BANK APPLE - EQUIPMENT $768.00 JPMORGAN CHASE BANK BEST BUY - EQUIPMENT $1,258.98 JPMORGAN CHASE BANK BEST BUY - REFUND ($199.00) JPMORGAN CHASE BANK COMMUNITY RESPONSE -RE $1,320.00 JPMORGAN CHASE BANK COX - SERVICE $1,651.67 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $30.91 JPMORGAN CHASE BANK PIKEPASS -FEES $10.15 3 Claims List - 08/16/2022 Fund Vendor Name Payable Description Payment Amount O1 GENERAL JPMORGAN CHASE BANK WHOLESALE COMPUTERS -S $49.98 VERIZON WIRELESS WIRELESS CONNECTION $252.06 GEN INFORMATION TECH -Total $5,686.82 COX COMMUNICATIONS PHONE USAGE $21.38 ENTERPRISE FM TRUST FLEET LEASE $369.19 JPMORGAN CHASE BANK AMAZON - SUPPLIES $35.97 JPMORGAN CHASE BANK GLOBAL - CONFERENCE $229.00 JPMORGAN CHASE BANK IMLA- RENEWAL $625.00 JPMORGAN CHASE BANK MEETING EXP 08/04 $71.27 JPMORGAN CHASE BANK MEETING EXP 08109 $22.14 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $73.32 JPMORGAN CHASE BANK PAYPAL - CONFERENCE $150.00 JPMORGAN CHASE BANK PAYPAL -DUES $480.00 JPMORGAN CHASE BANK PIKEPASS -FEES $3.65 GEN MANAGERIAL -Total $2,080.92 COX COMMUNICATIONS PHONE USAGE $14.25 SAFECHECKS CHECKS $582.94 GEN MUNICIPAL COURT -Total $597,19 BLUE ENERGY FUELS LLC CNG FUEL EXP JULY 22 $106.68 CITY OF OWASSO WATER $13,268.50 COX COMMUNICATIONS PHONE USAGE $156 FLEETCOR TECHNOLOGIES FUEL EXPENSES JULY 22 $468.53 FREDRICK COSTIN JR LAWN MAINTENANCE $2,031.00 G.W. ELECTRIC CO. REDBUD FESTIVAL PARK -RE $473.40 JPMORGAN CHASE BANK AMAZON - REPLACE $43.94 JPMORGAN CHASE BANK ATWOOD- SUPPLIES $11.04 JPMORGAN CHASE BANK CORNERSTONE - SUPPLIES $101.99 JPMORGAN CHASE BANK LOCKE -PARTS $39.24 JPMORGAN CHASE BANK LOWES- SUPPLIES $137.66 JPMORGAN CHASE BANK PARKS- SUPPLIES $1,070.00 JPMORGAN CHASE BANK PAW- SUPPLIES $117.09 JPMORGAN CHASE BANK PIKEPASS -FEES $1.85 JPMORGAN CHASE BANK PROTECTION- SERVICE $178.57 OKLAHOMA FACILITY SERVICES LAWN MAINTENANCE $4,750.00 ONEOK INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $17.64 UNIFIRST HOLDINGS LP UNIFORMS $39.36 VERDIGRIS VALLEY ELECTRIC COOP PARKS ELECTRIC $163.47 VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN PARKS -Total $23,063.53 JPMORGAN CHASE BANK WALMART- SUPPLIES $50.26 0 Claims List - 08/16/2022 Fund Vendor Name Payable Description Payment Amount 01 GENERAL GEN POLICE COMMUNICATIONS -Total TREASURER PETTY CASH CC REFUND - MELTON $50.26 BLUE ENERGY FUELS LLC CNG FUEL EXP JULY 22 $316.54 FLEETCOR TECHNOLOGIES FUEL EXPENSES JULY 22 $2,333.07 JPMORGAN CHASE BANK AMAZON- SUPPLIES $20.98 JPMORGAN CHASE BANK MUSTANG MOWERS- REPAIR $97.10 JPMORGAN CHASE BANK OREILLY- SUPPLIES $12.98 SPIRIT LANDSCAPE MANAGEMENT LLC 96 ST LANDSCAPE $257.40 SPIRIT LANDSCAPE MANAGEMENT LLC LANDSCAPE MAINTENANCE $426.40 UNIFIRST HOLDINGS LP UNIFORM SERVICES $95.44 VERIZON WIRELESS WIRELESS CONNECTION $80.02 GEN STORMWATER -Total $3,639.93 BLUE ENERGY FUELS LLC CNG FUEL EXP JULY 22 $64.72 COX COMMUNICATIONS PHONE USAGE $10.69 ENTERPRISE FM TRUST FLEET LEASE $962.36 JPMORGAN CHASE BANK 918 CONSTRUCT - SERVICE $3,300.00 JPMORGAN CHASE BANK ALARM BILLING - SERVICE $90.00 JPMORGAN CHASE BANK AMAZON - SUPPLIES $50.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $18.05 JPMORGAN CHASE BANK SUMNER ONE - CONTRACT $81.21 UNIFIRST HOLDINGS LP UNIFORMS $23.60 VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN SUPPORT SERVICES -Total $4,640.64 AEP /PSO STREET LIGHTS $10.92 TREASURER PETTY CASH CC REFUND - MELTON $30.00 TREASURER PETTY CASH CC REFUND - THOMPSON $50.00 GENERAL -Total $90,92 GENERAL -Total $83,013.87 20 AMBULANCE SERVICE EMS TECHNOLOGY SOLUTIONS, LLC ANNUAL LICENSES $6,384.00 FLEETCOR TECHNOLOGIES FUEL EXPENSES JULY 22 $5,911.74 JPMORGAN CHASE BANK AMAZON- REPLACE $52.37 JPMORGAN CHASE BANK BOUND TREE - SUPPLIES $2,258.38 JPMORGAN CHASE BANK LIFE ASSIST - SUPPLIES $2,107.31 JPMORGAN CHASE BANK MEDLINE- SUPPLIES $2,696.67 JPMORGAN CHASE BANK NATIONAL REGISTRY -FEE $152.00 JPMORGAN CHASE BANK TELEFLEX- SUPPLIES $2,675.50 JPMORGAN CHASE BANK ZOLL - SUPPLIES $3,468.86 VERIZON WIRELESS WIRELESS CONNECTION $40.01 AMBULANCE -Total $25,746.84 BILLIE BROWNLEE AMBULANCE REFUND $100.00 DEBRA CHARBONNEAU AMBULANCE REFUND $270.00 A Claims List - 08/16/2022 Fund Vendor Name Payable Description Payment Amount 20 AMBULANCE SERVICE FRANK GRIFFITH AMBULANCE REFUND $1,270.80 LORETTA WINFORD AMBULANCE REFUND $25.00 AMBULANCE SERVICE -Total $1,665.80 AMBULANCE SERVICE •Total $27,412.64 21 E -911 AT &T Tl CIRCUITS $1,063.02 COX COMMUNICATIONS TI CIRCUITS AT TOWER $229.00 INCOG ANNUAL INCOG MAINT $6,174.00 INCOG E911 CHARGES JULY 22 $8,720.05 JPMORGAN CHASE BANK EB OKLAHOMA PUBLIC SA $357.00 JPMORGAN CHASE BANK MEETING EXP 07/29 $57.00 JPMORGAN CHASE BANK STAPLES - SUPPLIES $124.53 THOMAS ALAN HOFFMANN MMPI FEES $125.00 TREASURER PETTY CASH NOTARY - SALFRANK $10.00 TREASURER PETTY CASH NOTARY - THOMAS $20.00 VERIZON WIRELESS WIRELESS CONNECTION $40.03 E911 COMMUNICATIONS -Total $16,919.63 E -911 -Total $16,919.63 25 HOTEL TAX COX COMMUNICATIONS PHONE USAGE $7.13 FLEETCOR TECHNOLOGIES FUEL EXPENSES JULY 22 $67.78 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $72.89 STRONG NEIGHBORHOODS -Total $147.80 HOTELTAX -Total $147.80 27 STORMWATER MANAGEMENT FREESE AND NICHOLS INC CONSTRUCTION SVCS $2,733.75 5TH AVE FLOOD PLAIN MITIG • Total $2,733.75 COX COMMUNICATIONS PHONE USAGE $7.13 MESHEK & ASSOCIATES, P.L.C. ENGINEERING SVCS $4,933.75 SOURCEONE MANAGEMENT SERVICES INC LAWN MAINTENANCE $13,165.30 UNIFIRST HOLDINGS LP UNIFORM SERVICES $11.56 VERIZON WIRELESS WIRELESS CONNECTION $40.07 STORMWATER-STORMWATER -Total $18,157.81 STORMWATER MANAGEMENT -Total $20,891.56 34 VISION TAX GUY ENGINEERING SERVICES INC ENGINEERING SERVICES $2,584.99 116TH - GARNETT RD TO 129TH - Total $2,584.99 CROSSLAND HEAVY CONTRACTORS 116 /GARNETT INTER $948,058.35 116TH /GARNETT INTERS IMPR -Total $948,058.35 VISION TAX -Total $950,643.34 37 SALES TAX FIRE AT &T PHONE SERVICE $3.23 CITY OF OWASSO WATER $168.00 COX COMMUNICATIONS PHONE USAGE $117.57 11 Claims List - 08/16/2022 Fund Vendor Name Payable Description Payment Amount 37 SALES TAX FIRE DALE & LEES SERVICE INC ST1 BLOWER WHEEL $388.00 FLEETCOR TECHNOLOGIES FUEL EXPENSES JULY 22 $5,145.13 JPMORGAN CHASE BANK 5.11- UNIFORM $72.00 JPMORGAN CHASE BANK ACADEMY - SUPPLIES $39.99 JPMORGAN CHASE BANK ACADEMY - UNIFORM $84.99 JPMORGAN CHASE BANK AMAZON- EQUIPMENT $399.94 JPMORGAN CHASE BANK AMAZON- REFUND ($110.49) JPMORGAN CHASE BANK AMAZON - SUPPLIES $562.62 JPMORGAN CHASE BANK AMAZON- UNIFORM $3,472.11 JPMORGAN CHASE BANK AUTO GEEK- REFUND ($14.40) JPMORGAN CHASE BANK AUTO GEEK- SUPPLIES $310.36 JPMORGAN CHASE BANK AUTOZONE- SUPPLIES $7.72 JPMORGAN CHASE BANK BACKCOUNTRY- SUPPLIES $675.80 JPMORGAN CHASE BANK CAMPERLAND -PARTS $999.00 JPMORGAN CHASE BANK CHEWY- SUPPLIES $62.68 JPMORGAN CHASE BANK CMC RESCUE - SUPPLIES $1,237.00 JPMORGAN CHASE BANK CONRAD -PARTS $413.44 JPMORGAN CHASE BANK CORNERSTONE -PARTS $8.00 JPMORGAN CHASE BANK CORNERSTONE -TOOL $13.99 JPMORGAN CHASE BANK DANNER- UNIFORM $1,760.00 JPMORGAN CHASE BANK DRURY INNS -CLASS $149.82 JPMORGAN CHASE BANK EMTEC -PEST CONTROL $395.00 JPMORGAN CHASE BANK HARRISON -PARTS $1,683.35 JPMORGAN CHASE BANK HOLT TRUCK -PART $24.66 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $169.86 JPMORGAN CHASE BANK KLEEN RITE - SUPPLIES $1,564.64 JPMORGAN CHASE BANK LEGION - UNIFORM $259.95 JPMORGAN CHASE BANK NAFECO- EQUIPMENT $572.50 JPMORGAN CHASE BANK NPI- EQUIPMENT $743.53 JPMORGAN CHASE BANK OK POLICE- UNIFORM $45.45 JPMORGAN CHASE BANK OREILLY- SUPPLIES $53.97 JPMORGAN CHASE BANK PIGEON MOUNT - SUPPLIES $1,040.14 JPMORGAN CHASE BANK PIKEPASS -FEES $7.30 JPMORGAN CHASE BANK SAMS- SUPPLIES $90.42 JPMORGAN CHASE BANK ULINE- SUPPLIES $487.51 JPMORGAN CHASE BANK WALMART - SUPPLIES $93.93 JPMORGAN CHASE BANK ZAPPOS- UNIFORM ($146.76) ONEOK INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $655.04 VERIZON WIRELESS WIRELESS CONNECTION $1,096.80 SALES TAX FUND -FIRE -Total $24,803.79 SALES TAX FIRE -Total $24,803.79 7 Claims List - 08/1612022 Fund Vendor Name Payable Description Payment Amount 38 SALES TAX POLICE AT &T PHONE SERVICE $9.70 CITY OF OWASSO WATER $38.50 COX COMMUNICATIONS PHONE USAGE $203.08 DALE & LEES SERVICE INC REPAIR & MAINTENANCE $866.00 ENTERPRISE FM TRUST FLEET LEASE $1,653.46 F.M. K9 TRAINING $250.00 FLEETCOR TECHNOLOGIES FUEL EXPENSES JULY 22 $19,246.25 JPMORGAN CHASE BANK AMAZON- SUPPLIES $429.05 JPMORGAN CHASE BANK AT YOUR SERVICE -RENTA $138.00 JPMORGAN CHASE BANK BROWNELLS -TOOLS $37.98 JPMORGAN CHASE BANK FACEBOOK- ADVERTISE $150.00 JPMORGAN CHASE BANK GLOBE LEADER- TRAINING $229.00 JPMORGAN CHASE BANK GRASSFIRE- RECRUITMENT $5,000.00 JPMORGAN CHASE BANK HAMPTON -ERROR CHARGE $466.28 JPMORGAN CHASE BANK IDSECURITY- SUPPLIES $749.00 JPMORGAN CHASE BANK INVERTER -PARTS $2,365.65 JPMORGAN CHASE BANK K9 COP - TRAINING $885.00 JPMORGAN CHASE BANK LIBERTY FLAGS - SUPPLIE $106.00 JPMORGAN CHASE BANK LODGING EXP 7/10 -7/15 $541.75 JPMORGAN CHASE BANK LODGING EXP 7113 -7/15 $192.00 JPMORGAN CHASE BANK MAGIC REFRIGERATION -R $265.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $17.98 JPMORGAN CHASE BANK OSBI- TRAINING $525.00 JPMORGAN CHASE BANK RACETRAC -FUEL $40.62 JPMORGAN CHASE BANK REIMBURSEMENT CHARGE ($466.28) JPMORGAN CHASE BANK SPEARPOINT- TRAINING $425.00 JPMORGAN CHASE BANK STAPLES - SUPPLIES $124.53 JPMORGAN CHASE BANK STREETCOP- TRAINING $1,398.00 JPMORGAN CHASE BANK SUMNER ONE- RENTAL $117.15 JPMORGAN CHASE BANK TACTICAL - TRAINING $349.00 JPMORGAN CHASE BANK THOMSON WEST - ACCESS $454.27 JPMORGAN CHASE BANK TRAVEL EXP 11/13 -18 $325.96 JPMORGAN CHASE BANK TRAVEL EXP 8/25 -8/26 $295.00 JPMORGAN CHASE BANK USPS- POSTAGE $130.00 JPMORGAN CHASE BANK WATERSTONE- UNIFORM $1,095.43 ONEOK INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $709.39 RICH & CARTMILL INC NOTARY RENEWALS $30.00 VERIZON WIRELESS WIRELESS CONNECTION $1,989.20 SALES TAX FUND- POLICE -Total $41,381.95 SALES TAX POLICE -Total $41,381.95 39 SALES TAX STREETS AEP /PSO STREET LIGHTS $8,209.77 9 Claims List - 08116/2022 Fund Vendor Name Payable Description Payment ENGINEERING SERVICES $36.89 GARVER Amount 39 SALES TAX STREETS BLUE ENERGY FUELS LLC CNG FUEL EXP JULY 22 $207.99 COX COMMUNICATIONS PHONE USAGE $7.13 FLEETCOR TECHNOLOGIES FUEL EXPENSES JULY 22 $2,719.99 JPMORGAN CHASE BANK ANCHOR -ROCK $373.76 JPMORGAN CHASE BANK BROWN FARMS - SUPPLIES $16.00 JPMORGAN CHASE BANK BROWNCO- REPAIR $37.50 JPMORGAN CHASE BANK BUMPER- SUPPLIES $15.46 JPMORGAN CHASE BANK DOLESE- CONCRETE $7,422.00 JPMORGAN CHASE BANK FASTENAL- SUPPLIES $35.32 JPMORGAN CHASE BANK FLEET - SUPPLIES $224.47 JPMORGAN CHASE BANK HOME DEPOT- SUPPLIES $52.40 JPMORGAN CHASE BANK INTERNATIONAL -DUES $85.00 JPMORGAN CHASE BANK J &A TRAFFIC -PARTS $1,685.00 JPMORGAN CHASE BANK LODGING EXP 08/14 -19 $1,224.60 JPMORGAN CHASE BANK LOWES - SUPPLIES $1,286.60 JPMORGAN CHASE BANK OES GLOBAL - SHIPPING $32.78 JPMORGAN CHASE BANK OES GLOBAL - SUPPLIES $93.73 JPMORGAN CHASE BANK OWASSO FENCE - SUPPLIES $388.30 JPMORGAN CHASE BANK UPS - SUPPLIES $60.25 JPMORGAN CHASE BANK WELSCO- RENTAL $49.64 TULSA COUNTY HIGHWAY CONSTRUCTION SIGN REPLACE $586.00 TULSA COUNTY HIGHWAY CONSTRUCTION SIGNAGE FOR CITY $182.70 UNIFIRST HOLDINGS LP UNIFORM SERVICES $204.34 VERDIGRIS VALLEY ELECTRIC COOP 1161129 TRAFFIC SIGN $67.35 VERDIGRIS VALLEY ELECTRIC COOP CHAMPION STREET LIGHT $73.97 VERDIGRIS VALLEY ELECTRIC COOP SECURITY LIGHT $5.95 VERIZON WIRELESS WIRELESS CONNECTION $97.37 SALES TAX FUND - STREETS -Total $25,445.37 SALES TAX STREETS - Total $25,445.37 40 CAPITAL IMPROVEMENTS CROSSLAND HEAVY CONTRACTORS 116 /GARNETT WIDENING $475,817.01 116TH- GARNETT RD TO 129TH -Total $475,817.01 ALL R ELECTRICAL SERVICES GARNETT WIDENING $13,661.00 CI- GARNWID96TH -106TH -Total $13,661.00 GARVER ENGINEERING SERVICES $36.89 GARVER ENGINEERING SERVICES - 10 $1,106.85 CIP 1061129 INTERSECT IMP -Total $1,143.74 CEI INCORPORATED CHANNEL IMPROVEMENT $115,970.50 CIP LAKERIDGE /CNTL PARK -Total $115,970.50 DANA SAFETY SUPPLY, INC VEHICLE EQUIPMENT $9,447.39 MOTOROLA SOLUTIONS INC VEHICLE $6,413.19 Claims List - 08/16/2022 Fund Vendor Name Payable Description Payment $1,590.00 Amount 40 CAPITAL IMPROVEMENTS CIP POLICE VEHICLES -Total $171.12 $15,860.58 CAPITAL IMPROVEMENTS -Total HESSELBEIN -PARTS $622,452.83 70 CITY GARAGE BLUE ENERGY FUELS LLC CNG FUEL EXP JULY 22 $6.32 COX COMMUNICATIONS PHONE USAGE $14.25 FLEETCOR TECHNOLOGIES FUEL EXPENSES JULY 22 $58.02 JPMORGAN CHASE BANK AMAZON - SUPPLIES $133.99 JPMORGAN CHASE BANK BEST CHOICE -PARTS $240.00 JPMORGAN CHASE BANK BEST CHOICE - REPLACE $390.00 GEN LIAB -PROP SELF INS -Total $6,217,17 GENERAL LIABILITY- PROPERT • Total $6,217.17 78 HEALTHCARE SELF INS FUND JPMORGAN CHASE BANK POSITIVE - SUPPLIES $161.95 WELLNESS •Total $161.95 HEALTHCARE SELF INS FUND - Total $161.95 City Grand Total $1,631,920.89 10 JPMORGAN CHASE BANK CENTRAMATIC -PARTS $1,590.00 JPMORGAN CHASE BANK FASTENAL - SUPPLIES $171.12 JPMORGAN CHASE BANK HESSELBEIN -PARTS $2,044.57 JPMORGAN CHASE BANK HOMEDEPOT- SUPPLIES $205.58 JPMORGAN CHASE BANK JIM GLOVER -PARTS $2,342.77 JPMORGAN CHASE BANK JIM NORTON -PARTS $673.03 JPMORGAN CHASE BANK ROBERTSON -MAINT $79,99 JPMORGAN CHASE BANK SCOTT D- SUPPLIES $32.50 JPMORGAN CHASE BANK TERMINAL - SUPPLIES $50.94 JPMORGAN CHASE BANK UNITED FORD -PARTS $11.09 JPMORGAN CHASE BANK YELLOW HOUSE - SUPPLIES $67.29 ONEOK INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $114.39 UNIFIRST HOLDINGS LP UNIFORMS $69.72 CITY GARAGE -Total $8,295.57 CITY GARAGE -Total $8,295.57 76 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS $2,475.09 UNITED SAFETY & CLAIMS INC UNITED SAFETY CLAIMS $1,658.33 WORKERS' COMP SELF -INS -Total $4,133.42 WORKERS' COMP S ELF -INS -Total $4,133.42 77 GENERAL LIABILITY - PROPERT JPMORGAN CHASE BANK KA -COMM -PARTS $6,415.17 LINDA M MEEK TORT CLAIM $295.00 TREASURER PETTY CASH SETTLEMENT REIMS ($493.00) GEN LIAB -PROP SELF INS -Total $6,217,17 GENERAL LIABILITY- PROPERT • Total $6,217.17 78 HEALTHCARE SELF INS FUND JPMORGAN CHASE BANK POSITIVE - SUPPLIES $161.95 WELLNESS •Total $161.95 HEALTHCARE SELF INS FUND - Total $161.95 City Grand Total $1,631,920.89 10 TO: The Honorable Mayor and City Council FROM: Michele Dempster Human Resources Director SUBJECT: OkMRF Retirement Request DATE: August 12, 2022 BACKGROUND: Oklahoma Municipal Retirement Fund (OkMRF), the retirement plan for employees who do not participate in the State Police or State Fire pension plans, requires the City Council acting as the OkMRF Retirement Committee to approve applications for retirement. To be eligible for retirement benefits through OkMRF an employee must have a minimum of five years of employment. Once an employee has five years of service the employee is considered vested and upon leaving employment with the City has three options depending upon age. 1. Normal Retirement is available to a vested employee age 65 or older, or age 62 with thirty years of service. 2. Early Retirement is available to a vested employee between ages 55 and 65. 3. Deferred Retirement is available to a vested employee under the age of 55. Deferred Retirement allows an employee to "defer" retirement benefits until a future date, at which time the employee would begin receiving monthly retirement benefits. August 1, 2022, is the last day of full -time employment for Marsha Hensley, Community Development Assistant City Planner. Ms. Hensley is vested and has applied for, and meets the prerequisites for Normal Retirement. RECOMMENDATION: Staff recommends approval of Normal Retirement benefits for Marsha Hensley. TO: The Honorable Mayor and City Council FROM: Earl Farris Project Administrator SUBJECT: Acceptance of Infrastructure Improvements 9860 North 119th East Avenue (Reunion at Owasso) DATE: August 12, 2022 BACKGROUND: The subject commercial development is located at 9860 North 119th East Avenue. Public infrastructure improvements consist of a concrete approach and sidewalk. FINAL INSPECTIONS: Final inspections for the infrastructure components were completed in August 2022, by the Public Works Department. All standards for acceptance have been met. Additionally, the construction contractor has supplied the necessary Irrevocable standby letter of credit. RECOMMENDATION: Staff recommends acceptance of the public infrastructure improvements located at 9860 North 119th East Avenue, consisting of a concrete approach and sidewalk. ATTACHMENTS: Location Map City Attorney Approved Irrevocable Standby Letter of Credit Reunion at Owasso 1" = 343 ft Location Map This map may represents a visual display of related geographic information. Data provided hereon is not a-a aramee of acutual field conditicns. To be sure, f complete accuracy. please comactthe responsible staff for most up -to -date information. Farris, Earl From: Lombardi, Julie Sent: Thursday, July 7, 2022 2:35 PM To: Farris, Earl Subject: RE: Credit letter -at risk letter as discussed. The Reunion @ Owasso Earl, Can they fill in "Oklahoma" on line 6? 1 otherwise see no problems or issues. Julie jutw Trout Lombard City Attorney City of Owasso PO Box 180 200 S Main St Owasso, OK 74055 Phone: 918- 376 -1511 Fax 918- 376 -1599 Email: LiombardiCa.cityofowasso.com www.cjtvofowasso.com People • REAL Character • REAL Community From: Farris, Earl <efarris @CityOfOwasso.com> Sent: Thursday, July 7, 2022 2:17 PM To: Lombardi, Julie <JLombardi @CityOfOwasso.com> Subject: FW: Credit letter -at risk letter as discussed. The Reunion @ Owasso Please see attached. This will be in place of the bond for the approach. Can you approve or do you see any issues. Earl Farris From: Stevens, Roger <RStevens@CitvOfOwasso.com> Sent: Thursday, July 7, 202211:39 AM To: Farris, Earl <efarris @CitvOfOwasso.com> Subject: FW: Credit letter -at risk letter as discussed. The Reunion @ Owasso From: Kyle Smalygo <kyle @smaiysoproperties.com> Sent: Thursday, July 7, 2022 11:37 AM To: Stevens, Roger <RStevens @CitvOfOwasso.com> Cc: Eaton, Steven <seaton @CitvOfOwasso.com> Subject: Credit letter -at risk letter as discussed. The Reunion @ Owasso CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Gentleman, Please confirm receipt of email . I received a call from Earl this morning asking if I had sent, furthermore if you could forward as I dont have his email. Anything additional please let me know asap and thanks again. KMS Kyle Smalygo Snjalygo Properties Inc 123 N 7th S1 Collinsville, OIC 74021 (918)371 -3183 (Office) (918)371 -5669 (Fax) (918)637 -2712 (Cell) IRREVOCABLE STANDBY LETTER OF CREI Letter of Credit Number: 1072 Amount: U.S, b 7,600.00 leaven thousand five hundred dollars and Zero cents This Letter of Credit Is Issued on July 61 2022 by Issuer in favor of the Beneficiary for the account of follows: APPLICANT: SMALYGO PROPERTIES. INC. Entity Typo: Corporation 123 N 7th St Collinsville, OK 74021 BENEFICIARY: CITY OF OWASSO Entity Typo: Domestic Government Unit 111 N. Moln St. Owasso, OK 74066 ISSUER: AMERICAN BANK OF OKLAHOMA 200 E. Main P.O. Box 66 Collinsville, OK 74021.0066 1. LETTER OF CREDIT. issuer establishes this Irrevocable Standby Latter of Credit (Latter of Credit) in fa, Beneficiary may draw on this Latter of Credit with a Draft (or Drafts, if the maximum number of drawings Is grai of Beneficiary and be marked "Drawn under American Bank of Oklahoma Letter of Credit No. 1072 dated Ju address shown above on or before the Expiration Date. The presentation of any Draft shall reduce the Amount of the draft. This Latter of Credit sots forth in fug the terms of Issuer's obligation to Beneficiary. This obligation cannot be r any document to which this Letter of Credit may be related. This Letter of Credit expires on the Expiration Data. 2. DRAWINGS. Partial drawings shall not be permitted under this Letter of Credit. "Draft" means a draft drawn The pwiles' names and their addresses ere as r of Beneficiary In the amount indicated above, ,r than one). Each Draft shall be signed on behalf 6, 2022.,• Drafts must be presented at Issuer's reflable undor this Letter of Credit by the amount dified by eny reference In this Latter of Credit, or sight. 3. DOCUMENTS. Each Draft must be accompanied by the following, In original and two copies except as stated A. A sight draft drawn by Beneficiary on Issuer. B. The following other documents: The copy of the Loner of Credit, together with any amendments., Issuer shell be entitled to accept a draft and the documentation described above, as required by the terms _f hl Letter of Credit, from any person purporting to be an authorized officer or representative of Beneficiary without any obligation or duty on the part of Issuer io verl l the idera ty or authority of the person presenting the draft and such documentation. 4. EXPIRATION DATE. This Latter of Credit expires at the close of business at Issuer's address at 12:00 pm C agrees to honor all Drafts presented In strict compliance with the provisions of this Letter of Credit on or before I S. NON - TRANSFERABLE. This Lauer of Credit Is not transferable. 6. APPLICABLE LAW, This Latter of Credit is governed by the International Standby Practices 1898 (ISP98). it Oklahoma, except as those laws conflict with the International Standby Practices 1998 (ISP99), ISSUES: American Bank of Oklahoma Monte R Unihan, SVP tral Time (Time) on July 6, 2024 (Date). last Expiration Data. Letter of Credit to also governed by the laws Of Credit TO: The Honorable Mayor and City Council FROM: Larry Langford Director of Recreation and Culture SUBJECT: Heart Healthy 5K Trail - Project Acceptance and Final Payment DATE: August 12, 2022 BACKGROUND: On June 18, 2019, City Council approved Resolution 2019 -13, amending the list of capital improvement projects eligible for funding from the Capital Improvements Fund to include the Heart Healthy 5K Trail. On July 12, 2019, City Council awarded a professional design services agreement with Planning Design Group, Inc., of Tulsa, Oklahoma, in the amount of $91,700,00, for the Heart Healthy 5K Trail to include site analysis, conceptual, preliminary, and final design, and bidding and construction administration. Advertisements for bids were published on August 25, 2021, and September 1, 2021. A mandatory pre -bid meeting was held at City Hall on Thursday, September 2, 2021, and five (5) bids were opened publicly on Thursday, September 16, 2021. On October 1, 2021, City Council approved a contract with Magnum Construction, Inc., of Broken Arrow, Oklahoma, in the amount of $295,592.00 for the construction of the Heart Healthy 5K Trail. FINAL INSPECTION: On May 17, 2022, Magnum Construction completed all required work identified in the construction contract. The final inspection of construction was completed in May of 2022 by the Parks Department. All standards for acceptance have been met. FUNDING: Funding for the construction of the Heart Healthy 5K Trail is available in the Capital Improvements Fund. RECOMMENDATION: Staff recommends acceptance of the Heart Healthy 5K Trail construction and authorization to issue final payment to Magnum Construction, Inc., in the amount of $13,946.00, resulting in a final contract amount of $278,927.00 (an underrun of $16,665.00). ATTACHMENT: Final Pay Application EXHIBIT "A" PAY ESTIMATE FORM (TYPICAL) CITY OF OWASSO, OKLAHOMA OWASSO 5k Heart Healthy Trail East 1061h St. North (Owasso Sports Complex South) PAY ESTIMATE NO. Ja Final PERIOD: CONTRACTOR BID AMOUNT OF ORIGINAL CONTRACT: $ 295,592.00 CONTRACT ADJUSTMENTS: Construction Allowance Balance $ (16.665.00) ADJUSTED BID AMOUNT: $ 278,927.00 TOTAL COMPLETE WORK: $ 276,927.00 0.00 MATERIALS STORED (per attached tabulation): $0,00 LESS 10 0/ RETAINAGE: S 0.00 TOTAL EARNED LESS 10%RETAINAGE: $ 278,927.00 PERCENTAGE OF PROJECT COMPLETION: 100% LESS PREVIOUS PAYMENTS: S 264,981.00 AMOUNT DUE THIS ESTIMATE: $ 13,946.00 The undersigned Contractor certifies that io the best of the Contractor's knowledge, information and belief the Work covered by this Payment Estimate has been completed in accordance with Project Documents, that all amounts have been paid by the Contractor for Work which previous Payment Estimates were issued and payments received from the Owner, and that current payment shown herein Is now due. CONTRA E: Date: 07 -26 -2022 Stateof Oklahoma County of, Tulsa ofaryPubic Subscribed & sworn to before meihIs2§Lhdayof July • 20-2.L Notary Public - State of Oklahoma My Commission Expires: Commission # 14003328 My Commission Expires APrll7,2926 Recommended for Payment by: Department Approved for Payment by City of Owasso Date CERTIFICATE FOR PAYMENT In accordance with the Project Documents, b sed p on- i o s rvations and the date comprising the above application, the certifies to the Owner that to the best of their knowledge, Information and belief, the Work has progressed as indicated, the quality of the Work is in accordance with the Project Documents, and the Contractor is entitled to payment of the amount certified, AMOUNT CERTIFIED (Attach explanation If amount certified differs from the amount applied for.) By: Dater This certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the contractor named herein. Issuance, payment and acceptance of payment without prejudice to any rights of the Owner or Contractor under this Contract. Owasso 5K Heart Healthy Trail The City of Owasso Owasso, OK PERIODICAL ESTIMATE FOR PARTIAL PAYMENT Final 161 CONTRACT - 20220426 For the period Final to Final inclusive. Description of Conned Owasso 5K Heart Healthy Troll -City of Owasso, Oklahoma Met Project No. 2129 Contract Price $ 296,592.00 Contractor's Name Magnum ConstmIllon, Inc. and Address P.O. Box 707 Broken Arrow, OK 74013 -0701 11 DETAI ED ESTIMATE yYORK PERF D No. Description of Item Number of Unlls Unit Price Estimated Cost umber of UNIS Amount Earned to Date to 1 LS $ 14 900.00 14 900.00 1.00 14 900.00 100% 21 Staking 1 LS $ 4.697.00 4.697.00 1.00 $ 4,697.00 100% 3. Earthwork 1 LS S 87 000.00 $ 87 000.00 1.00 87 000.00 100% 4. Demolition 1L3 $300.00 3300.00 1.00 r $ 3300A0 100% 5. Filter FabdcJSltt Fence 1 L3 5 1,400.00 1,400.00 1.00 $ 1,400.00 100% ti. Low Water Crowina 3 EA $ 2,400.00 7,200.00 3.00 $ 7,200.00 100% 7. Trail SWpIna LS 4 1,600.00 1,800.00 1.00 1600.00 100% S. B " Compacted A Base 4885 SY 8.00 $ 38920.00 4665.00 38920.00 100'.5 B. 8' Wide 3" T a C halt Troll 3650 SY $ 21.50 $ 78 475.00 3650.00 78 475.00 100% 70. Troll 51 ns 1 LS 800.00 800.00. L00 $ 800.00 100% 11. U -3 Bermuda Sod 75000 5F 0.50 $ 37 500.00 75000.00: 37 500.00 100% 12. Conetrucdon Allowance 1 LS 1 $ 20 000.00 1 20 000.00 1 1.00000 - 1 $ 20 000.00 100% TOTAL $ 295 592.00 $ 295,592.00 100% 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 furnished to the Affiant. Affiant further states that (s)he has made no payment, nor given, nor donated, or agreed to pay, give, or donate, either directly or indirectly, to any elected official, officer, or employee of the State, County, or City of money or any other thing of value to obtain payment or the award of this contract. Subscribed and sworn to before me this 26th day of July , 2022 . Not Public Mists Neufakt Commission # State of Oklahoma Commission # 14003326 My Commission Expiresmy commission Expires Apri17,2026 CONTRACTOR'S FINAL RELEASE AND WAIVER OF LIEN Pro ect/ Owner Contractor City ofl Owasso, Oklahoma SK Heart PrOjeCt: Healthy Trail Name: Magnum Construction Inc. Address: East 116th Street North Owasso, Ok Oklahoma 74055 City State Zip Code Owner. City of +wasso TO ALL WHOM IT MAY CONCERN: Address: PO Box 707 Broken Arrow Oklahoma 74012 City Contractor Licence: Contract Date: 10 State Zip Code N/A 11 / 2021 For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Jhe 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 1by 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 $aid project, and any and all warrants drawn upon or issued against any such funds or monies, which the undersigned Contractor may have or may hereafter acquire or possess as a result of the furnishing of labor, materials, and /or equipment, and the performance of Work by the contractor on or in connection with said project, whether under and pursuant to the above -ment oned contract between the Contractor and the Owner pertaining to said project or otherwise, add which said liens, claims or rights of lien may arise and exist. The undersigned further hereby acknowledges that the sum of Two Hundred Saiianty Eioht Thousand Nine Hundred Twantv Seven Dollars Dollars ($ 278,P27.00 constitutes the entire unpaid balance due the undersigned in connection withl said project whether under said contract or otherwise and that the payment of said sum to thaContractor 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. Otneo Signature: Dated this 26th day of Jyly Magnum Construction Inc ontra fo By: Title- Vice President Page 1 of 1 RELEASE OF CLAIMANTS Date: 07 -26 -2024 ProjeCt: City of Owasso 5K Heart Healthy Trail Dear Sir: I hereby acknowledge that with the final disbursement of $ 13,946.00 Y 9 ( ) dollars, I will have receipt of ($ 278, 27.0O t dollars in full payment of my contracted date 10 11 2021 . ,for improvement work which I did for you and which is described in my contract. I Certify that I have paid in full for all materials purchased and all labor employed in the performance of this contract and that there are no claims against me as an employer under this contract on account of injuries sustained by workmen employed by me thereunder. I hereby release you from any claims arising by virtue of this contract. WARNING The making of any false statement or misrepresentation herein may be a crime punishable under Title 18 U.S.C. Section 1001 which provides in part: "Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully... makes false representation, or makes or uses any false writing or document knowing the same to contain any false fictitious or fraudulent statement or entry, shnall be fined not more than $10,000.00 or imprisoned not more than five years, or both" Sincerer By: nature Title: Vice President (Print or Type) O:AII Cily /Vision 20 25 Excess Funds /FINAL PAYMENT FORMS /Releose of Claimanis STATE OF OKLAHOMA COUNTY OF TULSA The sworn, on oath says AFFIDAVIT FOR CONTRACTS & PAYMENTS ) ss (architect, contractor, supplier or engineer), of lawful age, being first duly this contract is true and correct. Affiant further states that the (work, services or materials) will be (completed or supplied) in accordance with the plans, specifications, orders or requests furnished the ffiant. Affiant further states that (s)he has made no ppymeni directly or indirectly to any electe official, officer or employee of the State of Oklahoma, any county or local subdivision of the state, purchase order. of money or any other thing of value to obtain or procure the contract or Magnum Construction Inc. BUSINESS NAME OF TRACT ARCNRECT, SUPPLIER OR ENGINEER BY Attested to befORE me this 26th day of July 20 22 BOND NO. 2323841 OWNER CONSENT OF SURETY ARCHITECT TO FINAL PAYMENT CONTRACTOR Conforms with the American institute of SURETY Architects, OTHER City of Owasso 200 South Main Street Owasso, OK 74055 PROJECT: 0nennndaddrnel City of Owasso - OWASS In accordance with the prov Chum mote m"h.W"s nfSercn!I Swiss Re Corporate Soh 1200 Main St., Suite 80C Kansas City, MO on bond of Magnum Construction, P O Box 707 Broken Arrow, OK 7401 hereby approves of the fine of its obligations to Owner City of Owasso 200 South Main Street Owasso, OK 74055 as set forth in said Surety's IN WITNESS Attest (Kristin 541341GE iDIDI ARCHITECT'S PROJECT NO.: CONTRACT FOR: Construction CONTRACT.DATF,D: October 5, 2021 ) 5K HEART HEALTHY TRAIL of the Contract benveen the Owner and the Contractor as indicated above, the America Insurance Corporation F /K/A North American Specialty Insurance Company SURETY, ,CONTRACTOR, to the Contractor, and agrees that final payment to the Cant -actor shall not relieve the Surety of any ,OWNER. has hereunto set its hand on this date: JWy 27.2022 Inc dmrmdyearJ Swiss Re Corporate Solutions America Insurance Corporation North American SpecialtyCompany (Sign ,,tams Burris _. Attomey -in -Fact (Prinlednnwe and title) SWISS RE CORPORATE SOLUTIONS SWISS RE CORPORATE SOLUTION AMERICA INSURANCE CORPORATION FIKIA NORTH AMERICAN SPECIALTY INSURANCE COMPANY ( "SRCSAIC -1 SWISS RE CIXtPOILA'Ib SOLUTION PREMIhRINSURANCE CORPORA' r1O, NF/ K/ A WASHINGTON INItRNMIONAL INSURANCE COMPANY ("SRCSPIC") WESTPORTINSURANCECOIiPORA ION( "WIC1 GENERAL. POWER OF ATTORNEY KNOW ALL, MEN BY THESE. PRESFNTq, THAT SRCSAIC, a corporation duty organized and existing under laws of the State of Missouri, and having its principal office in the City of Kansus City, Missouri, and SRCSPIC, a corporation organized and existing under the laws of the State of Missouri and having its principa office in the City of Karns City, Missouri, and WIC, organized under the laws of the State of Missouri, and having its principal office in rho City of Xg City, Missouri, each does hcroby make, constitute and appoint: VICKI WRSON, AUSTR CLAYTON HOWELL, CAREY L.KFNNRMER, RANDY D. WERE, AARON W'OOLSEY, GARY LILES, THOMAS PERRAULT and KRISTIN LEWIS JOINTLY or SEVERALLY Its true and lawful Attomey(s) -i -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bon I on behalf of each of said Companies, as surely, on contracts ofsuretyship as are or may be required or permitted by law, regulation, contract or othe vise, provided that no bond or undcttaking or contract or suretyship executed under this authority shall exceed the amount ut, TWO HUNDRED MILLION (5200,000,000.00) DOLLARS This Power ofAttomey is and is signed by fteshnile under and by the authority of the following Resolutions adapted by the Boards of Directors of both SRCSAIC end SRCSPIC at meetings duly called and held on the 18th of November 2021 and WIC by written consent of its lixecutive Committee dated Jul 18, 2011. "RESOLVED, that any Ivy of the President, any Managing Director, any Senior Vice President, any Vice President, the Secretary or any Assistant Secretary be, and each or any ol them hereby is, authorized to exeouto a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf o the Corporation bonds, undertakings and ell contracts of surety, and that each or any of them hereby is authorized to attest to the execution of say such Power of Attorney and to attach decrcin the seal of the Corporation; and it is FURTHER RESOLVED, i is( the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to any certificate rotating thereto b t facsimile, and any such Power of Attorney or ceniricatc bearing such facsimile signatures or facsimile seal shell be binding upon the Corporation sv ion so affixed and in the future with regard to aany� bond, undertaking or contract of surety to which it is attached." SEAL IN WITNESS WHEREOF, SRC AIC, SRCSPIC, and WIC have mused their official scats to be hereunto affixed, and these presents w be signed by their authorized off this 24rH day of APRIL 2022 Swiss Re Corporate Solutions America Insurance Corporation State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation County of Cook Westport Insurance Corporation Oa Ibis 29TH day of APRIL , 20 22 , beforema, a Notary Public personally appeared kn'k Jansa m , Senior Vice President of SRCSAIC and Senior Vice President S PiC aid Senior Vice President of WIC ani em1d Jogmwgld , Vice President of SRCSAIC and Vice President of SPCSPIC and Vice Prosldent of VIC; personally known to me, who beingby me fitly swom, nokuowledgod that they signed the above Power ofAttomcy as officers ofand atdmowledgeds did ins -trument to be the yolUiltia eat and raapetaive Cmpanies. Yasmm d. Patel, Notary f, JaMoy Goldberg, the duly elec Senior Vice President and Assistant Secretary of SRCSAIC and SRCSPIC and WIC, do hereby certify that the above and foregoing is a true and correct cc pyof a Power of Attorney given by said SRCSAIC and SRCSPIC and WIG which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies th't 2y 7th day 2022 . Jeffrey Goldberg, Senior Vice Preside AsststantSemnaryof CERTIFICATION OF PROJECT /CONTRACT COMPLETION 40 Project Number: 129 Project Name: Heart Healthy Trail Contract Descri I Lion: Owasso 5k Hearth Healthy Trail Contractor Name: Magnum Construction This is to certify 1.) The ontract (project) is fully operational and has been completed in accorda ice with the approved Plans and Specifications and applicable laws, rules, oo 2.) The ddsign life of the project is to the year: N/A*. 3.) The daite of final approval of construction completion for the above - referenced project is May 17 2022. 4.) All ite 1 s of construction and operation related to the project are acceptable to the owner and the consulting engineer. 5) All regjests for reimbursement proceeds have been applied for as shown on Payment Request No. 5 - FINAL. Title: Date certain im do hereby ce find the some plans and spf Mike Dunn of P A final inspecti I DO HEREBY AF APPROVAL TO Dated this the ACCEPTED: This the ECTOR'S CERTIFICATE OF APPROVAL duly assigned employee of the City of Owasso, for nts consisting of the 5K Heart Healthy Trail, that I have inspected the above referred to improvements and :omplished to the best of our knowledge according to approved rations and /or duly authorized change orders. is the prime contractor on this job. of the project was completed. OVETHEABOVE REFERREDTO IMPROVEMENTS AND RECOMMEND E OWASSO CITY COUNCIL. day of August 2022. of nature Title Respectfully submitted, ame of Inspector: please print] 20 O:AII City /Vision 2025 4xcess Funds /FINAL PAYMENT FORMS /Inspector Certification TO: The Honorable Mayor and City Council FROM: Alexa Beemer City Planner SUBJECT: Ordinance 1196, Rezoning OZ 22 -07 (414 South Birch Street) DATE: August 12, 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 I 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? I 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 (6) 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. o 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 Ordinance 1196: OZ 22 -07 • Per the Owasso Zoning Code, there are no lot width or lot area minimum requirements for property zoned RM. o 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 voted 5 -0 to recommend approval of rezoning request OZ 22- 07 at their regular meeting on August 8, 2022. RECOMMENDATION: Staff recommends adoption of Ordinance 1196. ATTACHMENTS: Ordinance 1196 Zoning Map GrOwasso 2030 Land Use Master Plan Map Rezoning Exhibit CITY OF OWASSO, OKLAHOMA ORDINANCE 1196 AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ 22 -07 AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WHEREAS, public hearings have been held regarding the request for rezoning of the property herein described as 414 South Birch Street, Owasso OK, and WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all statements for or against the rezoning of the property referenced in Application OZ 22 -07. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION 1. A tract of land described as 414 South Birch Street, Owasso, Oklahoma, said tract more particularly described as follows: Lot 3, Block 1, IVADEL ADDITION to the Town of Owasso, Tulsa County, Oklahoma according to the recorded plat thereof. The some is hereby rezoned from Residential Single - Family (RS -3) to Residential Multifamily (RM). SECTION 2. All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION 3. If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION 4. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION S. There shall be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance and correct map. ATTEST: PASSED AND ADOPTED this 16th, day of August, 2022 Kelly Lewis, Mayor Juliann M. Stevens, City Clerk (SEAL) APPROVED AS TO FORM: Julie Lombardi, City Attorney Ordinance 1196 Page 1 of 2 Note: Graphic overlays may not precisely align with physical features on the ground. Aerial Photo Date: 202012021 Note: Graphic overlays may not precisely align with physical features on the ground. Aerial Photo Date: 202012021 Subject OZ 22-07 Tract Feet Subject OZ 22-07 Tract Surrounding Zoning OZ 22 -07 GrOwasso Land Use Master Plan Map OZ 22 -07 GrOwasso Land Use Master Plan Map OZ 22 -07 R 14 E E 116th MONEY COMMON FOUND Plat of Survey Boundary of Lot 3 of Block 1 Uwadel Additic m City of Owasso Tulsa County, Oklahoma TO: The Honorable Mayor and City Council FROM: Karl A. Fritschen AICP, RLA Planning Manager SUBJECT: Resolution 2022 -12, GrOwasso 2035 Land Use Master Plan DATE: August 12, 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. PUBLIC HEARING: There were no citizen comments provided during the Public Hearing. PLANNING COMMISSION: The Planning Commission voted 5 -0 to recommend approval of the Land Use Master Plan at their August 8, 2022 regular meeting RECOMMENDATION: Staff recommends adoption of Resolution 2022 -12. ATTACHMENTS: Resolution 2022 -12 GrOwasso 2035 Land Use Master Plan CITY OF OWASSO, OKLAHOMA RESOLUTION 2022 -12 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 16TH DAY OF AUGUST, 2022. Kelly Lewis, Mayor ATTEST: Juliann M. Stevens, City Clerk APPROVED AS TO FORM: Julie Trout Lombardi, City Attorney 2035 LAND USE MASTER PLAN A PLAN TO GUIDE THE FUTURE GROWTH OF OWASSO, OKLAHOMA TO: The Honorable Mayor and City Council FROM: Jason Woodruff Deputy Chief of Police SUBJECT: Purchase of Eventide 911 Logging Recorder DATE: August 12, 2022 The City of Owasso Communications Center receives an average of 18,000 emergency 911 calls annually from the citizens of Owasso in both Rogers and Tulsa Counties, and dispatches for Owasso police, fire, and medical. The Owasso Communications Center also serves as a backup center for the City of Collinsville and Rogers County dispatch centers. By law, emergency communications centers must record all incoming 911 calls, no matter how they are received. After 10 years of service, Owasso's current 911 recording system has become obsolete for continued maintenance, and struggles to keep up with the department's increased technological needs, especially related to the pending statewide implementation of the Next Generation 911 (NG911) System and upgraded Computer Aided Dispatch (CAD) software. RECORDING SYSTEM: The Owasso Communications Center currently uses an Eventide NexLog 740 Recording System with 16 IP channels and 16 analog channels. In addition to the dedicated emergency 911 lines, the system also records radio traffic, non - emergency dispatch telephone lines, and calls made by prisoners in the Owasso City Jail. Although the age of the system has recently presented challenges with maintenance and compatibility with evolving technology, the system has performed well for the last decade and staff is familiar with its operation. Staff researched various recording systems for comparison, but given the department's proven history with the Eventide platform and the capabilities offered with the product compared to others on the market, an updated Eventide recording system was found to be the most appropriate option. The Eventide DX 740 Logging Recorder is NG911 compliant, text -to -911 compatible, and can be directly integrated with the new Tyler Technologies CAD software. The Eventide DX 740 adds additional capacity for 24 Cisco IP telephone channels and 24 analog radio channels. The purchase of the Eventide DX 740 will allow continued statutory compliance with 911 call recording requirements, and will greatly expand our recording, evidence retention, and reporting capabilities. PURCHASING PROGRAM: 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, often referred to as the state bid. This purchasing rule is also applicable if a vendor can match the price of the approved purchasing contract price, even if the specific vendor was not awarded the state bid. The Houston - Galveston Area Council (HGAC) is the authorized purchasing agency for various Texas government entities to make purchases through pricing established using a competitive 911 Recorder Page 2 bidding process. HGAC's Buy Program has been utilized by the City of Owasso on numerous occasions. VistaCom of Houston, Texas, is an authorized vendor for Eventide products and submitted a quote of $53,689.00 for the purchase of an Eventide DX 740 Logging Recorder, including all hardware, software, licensures, service, and integration with the Tyler Technologies CAD System. The pricing in the quote from VistaCom meets the pricing established in HGAC Buy contract RP07 -20. FUNDING: On August 2, 2022, the Owasso City Council accepted a grant from the Oklahoma 911 Management Authority for the purchase of the new logging recorder. Based on the estimated cost of $53,689.00, the grant provides $42,951.20, or 80% of the cost, leaving the Owasso Police Department responsible for the remaining $10,737.80. Funding for the purchase is available in the FY 2023 E911 Communications Fund. RECOMMENDATION: Staff recommends approval to purchase an Eventide DX 740 Logging Recorder, in the amount of $53,689.00 from VistaCom of Houston, Texas, utilizing the Houston - Galveston Area Council Contract #RP07 -20, and authorization for payment. TO: FROM: SUBJECT: DATE: The Honorable Mayor and City Council Jake Ketner, P.E. Civil Engineer Budget Amendment and Contract Award - 2022 Street Rehabilitation Program August 12, 2022 BACKGROUND: Annually, street rehabilitation sites are evaluated and selected based on a comprehensive assessment of roadway 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. In July 2021, 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 and a new priority listing was generated. Based on this listing, the engineering division of Public Works designed a rehabilitation project to address the selected street segments. On August 17, 2021, the City Council approved the priority projects for the 2022 program. Attached is a map showing the locations and project scope of work for the base bid, Alternate 1, and Alternate 2 bids. BID ADVERTISEMENT: Advertisements for bids were published on June 17 and June 24, 2022, in accordance with state law. A mandatory pre -bid meeting was held at City Hall on July 14, 2022, with four (4) contractors in attendance. The bid opening was held on July 21, 2022, and two (2) contractors submitted a responsive bid on the project. BID SUBMITTALS: Stronghand, LLC, was the low bidder with a bid of $1,618,285,97. The bid results are summarized below: Bidder Base Bid Add Alt 1 Add Alt 2 Total Stron hand, LLC. $1,558,129.8 $34,221.32 $25,934.85 1,618,285.97 Gradeline Const. $1,623,22510 $32,990.30 $25,405.70 $1,681,621.20 Engineer's Estimate $1,422,540.05 $33,606.00 $28,328.50 $1,484,474.55 FUNDING: Funding is available in the Capital Improvements Fund. In addition, staff is proposing to carryover FY 2021 -2022 Half -Penny Fund money allocated for this specific project. Bid Award 2022 Street Rehab Page 2 RECOMMENDATION: Staff recommends approval of a budget amendment in the Half -Penny Fund, increasing the appropriation for expenditures in the Streets Division by $800,000.00, by utilizing carryover funds from FY 2021 -2022. Staff further recommends awarding the Base Bid, Alternate One and Alternate Two to Stronghand, LLC, of Tulsa, Oklahoma, in the amount of $1,618,285.97, and authorization to execute the necessary documents. ATTACHMENTS: Location Map Agreement BASE PROJECTS 1.1 Three Lakes- Repair, NO and Coaday 1.2 Three lakes- Repair. NO and Oaeday 1.3 Three Lakes- Repair. NO and Nally 1.6 TNee Lakes- Repair, NO and OveNy 1.7 Three Lakes- Ratak. M1YA and Owtlry 1.8 TM1ree Lakes- Repair, NO and Overlay 3, 1030 Street N. CoH .th.gp Coffee Creek- Repair MB and Overlay 8. Baptist Mine Inner Reade- Repair. NO and Oraid, 11 EM Creek -1$N East AVe- B30SINdt NwlM1 handle- Repair NO and OVetlay ALTERNATE PROJECTS 1.4 TMea Lakes- Repair, MITI and Oreday 1.5 Three Lakes- Repair, MITI aM Omdsy APRILT ROADS 10- YEARS OLD MURISOICTIONS Maintained Read RECOMMENDED FT 21 -22 PROJECTS FOR CONSIDERATION Sedate Rejuvenation In Last lDYeam ASPHALT ROADS NOT CURRENTLY NEEDING RESURFACING New Roads ConsWCled wBM1ln teal lDYears OTHER ROAD DESIGNATIONS SECTION 00300 AGREEMENT THIS AGREEMENT is dated as of the 16`h day of August, 2022, by and between The City of Owasso (hereinafter called OWNER) CONTRACTOR). and Stronghand, LLC (hereinafter called OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: 2022 Street Rehabilitation Program City of Owasso, Oklahoma The project for which the Work under the contract documents may be the whole or only a part, is described as follows: Perform base repair, mill, overlay and minor drainage improvements in the following locations: N 121" E Ave cul -de -sac E 87' PI N cul -de -sac E 88`h PI N cul -de -sac E 891h St N cul -de -sac E87 1h Ct N cul -de -sac E 88`h PI Nfrom N 121" E Ave to N 123 "d E Ave N 120'h E Ave cul -de -sac N 138'" E Ave / E 103rd St N from 100' St N to N Owasso Expressway N 122nd E Pl / E 75'h St N / N 123rd E PI / E 75`h Pl N from 73rd St N to Baptist Village Parking lot N 122 "d E Pl cul -de -sac N 125`h E Ave / E 83rd St N from E 82nd St N to N 126`h E Ave E82 d PI N cul -de -sac ARTICLE 2. ENGINEER The project has been assigned to the Project Manager or his/her duly authorized representative, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIME 3.1 The Work will be substantially completed within Two Hundred and Forty (240) calendar days from the date of Notice to Proceed; and completed and ready for final payment in accordance with the General Conditions within Two Hundred and Seventy (270) calendar days from the date of Notice to Proceed, which will be on or before 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER, if the Work is any such proof. OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER One Thousand Dollars ($1000.00) for each consecutive calendar day that expires after the time specified in paragraph 3.1 for substantial completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER One Thousand Dollars ($1000.00) for each consecutive calendar day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds the amount agreed upon in CONTRACTOR'S bid. 4.2 CONTRACTOR understands that the estimated quantities are not guaranteed and that the determination of actual quantities and their classification is to be made by the OWNER at the time of application for payment. 4.3 CONTRACT AMOUNT: Contract amount is $1.618.285.97. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions on the Pay Estimate Forms included as Exhibit "A" to this Agreement. Applications for Payment will be processed by OWNER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment in accordance with the City of Owasso's Payment Schedule included as Exhibit "B" to this Agreement during construction as provided below. All progress payments will be on the basis of the progress of the Work. 5.1.1 Progress payments shall not exceed an amount equal to 95% of the WORK completed until such time as CONTRACTOR shall complete in excess of fifty percent (50 %) of the contract amount. 5.1.2 Upon completion in excess of fifty percent (50 %) of the total contract amount, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 97.5% of the Contract Price, less such amounts as OWNER shall determine in accordance with the General Conditions, provided that OWNER has determined that satisfactory progress is being made, and upon approval by the Surety. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the Contract Price. ARTICLE 6. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself/herself with the nature and extent of Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports or explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except underground facilities) which have been identified in the Supplementary Conditions as provided in the General Conditions. Contractor accepts the determination set forth in the General Conditions of the extent of the "technical data" contained in such reports and drawings upon which Contractor is entitled to rely. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to underground facilities at or continuous to the site. Contractor has obtained and carefully studied (or assume responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 6.3 CONTRACTOR has made or caused to be made examinations, investigations, tests and studies of such reports and related data in addition to those referred to in paragraph 6.2 as (s)he deems necessary for the performance of the Work at the Contract price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including the General Conditions. 6.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6 CONTRACTOR has given OWNER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. 6.7 CONTRACTOR has obligated himself /herself to the OWNER to be responsible for the workmanship, labor and materials used in the project for two (2) years after the project has been accepted by the OWNER. 6.8 CONTRACTOR understands that (s)he will be exempt from all sales tax on materials and other items necessary for the completion of the project. The OWNER has issued him a Certification of Tax Exempt Project enclosed as Exhibit "C" of this Agreement. ARTICLE 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof, and consist of the following: 7.1 This Agreement (pages 1 to 6 inclusive). 7.2 Exhibits "A ", "B ", "C" and "D" to this Agreement. 7.3 Advertisement for Bids (Section 00100). 7.4 Requirements for Bidders (Section 00110). 7.5 Instructions to Bidders (Section 00120). 7.6 Bid (Section 00200). 7.7 Bid Bond (Section 00210). 7.8 Bid Affidavits (Section 00220). 7.9 Statement of Bidders Qualifications (Section 00230). 7.10 Certificate of Non - Discrimination (Section 00240). 7.11 Performance Bond (Section 00410). 7.12 Maintenance Bond (Section 00420). 7.13 Statutory payment Bond (Section 00430). 7.14 Notice of Award (Section 00510). 7.15 Notice to Proceed (Section 00520). 7.16 Change Order (Section 00600). 7.17 General Conditions (Section 00700). 7.18 Project Specifications (Section 00800). 7.19 Special Provisions (Section 00900). 7.20 Project Drawings, consisting of Sheets 1 to 33, inclusive, and Standard Drawings. 7.21 Addendum Numbers 1 to 1, inclusive. 7.22 Documentation submitted by CONTRACTOR prior to Notice of Award. 7.23 Any Modification, including Change Orders, duly delivered after execution of Agreement. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a Modification (as defined in the General Conditions). ARTICLE 8. MISCELLANEOUS 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions 8.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law) and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3 OWNER and CONTRACTOR each binds himself /herself, his /her partners, successors, assigns, and legal representatives to the other party hereto, his/her partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.3 The Agreement (or remaining portions thereof) should continue in effect, be valid and binding upon both parties even if a provision or part of the Contract Documents should be held void or unenforceable by law. IN WITNESS WHEREOF, the parties hereby have signed this Agreement in duplicate. One counterpart has been delivered to CONTRACTOR, the other belongs to OWNER. All portions of the Contract Documents have been signed by OWNER and CONTRACTOR. This Agreement will be effective on August 16, 2022. OWNER: Kelly Lewis, Mayor CONTRACTOR: (SEAL) (SEAL) Juliann M. Stevens, City Clerk Name Approved as to form: Julie Lombardi, City Attorney Address for giving notices: 301 W. 2nd Ave. Title Owasso, OK 74055 TO: The Honorable Mayor and City Council FROM: Roger Stevens Public Works Director SUBJECT: 2023 Street Rehabilitation Program Proposed Project Listing DATE: August 12, 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 m 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. RECOMMENDATION: Staff recommends approval of the 2023 Street Rehabilitation Program priority site ATTACHMENT: Location Map Main Street, Broadway to 11th Street 1" =1000 ft Location Map 05/04/2021 This map may r,,orzsznts a visual display of related geographic information. Data provided hereon is not guarantee of acutuaI field cenditi on s. To 6e sure of complete accuracy. please contact the responsible stars fcr most up -to -date information. TO: The Honorable Mayor and City Council FROM: H. Dwayne Henderson, PE City Engineer SUBJECT: 2023 Street Rehabilitation Project - Main Street, Broadway to East 11 Fh Street Agreement for Engineering Design Services DATE: August 12, 2022 BACKGROUND: The original Main Street project was constructed in the 1920s as a state highway. In the 1930s the road section was designated as US Hwy 75 /US Hwy 169. A project widened the lanes to four (4)- 10' wide lanes in the 1950 -60s as the subdivisions along Main Street began construction. The south end of Main Street was widened from Broadway to East 76th Street North in the mid- 2000s. The north end of Main Street has been widened from East 11th Street to East 86th Street North as part of the East 86th Street North and Main Street Intersection project in the same time frame. During the August 19, 2022, City Council meeting, staff is seeking approval to include the rehabilitation of Main Street from Broadway to East 11 th Street as the 2023 priority project for the City's Annual Street Rehabilitation Program. The project scope is to remove the surface course on this section of roadway, repave the street after new curb and gutter and sidewalk is completed. The road will be restriped as a road - dieted street with a single, widened lane in each direction and a center turn lane to relieve the turning - movements. ENGINEERING AGREEMENT /SCOPE OF WORK: City staff and Poe & Associates, Inc., developed a scope of work for the design project. Design plan submittals will be required at the 30%,60% and 90% completion stages and then final plans, specifications, and estimate delivered to ODOT for bidding and construction. The following components are included in the agreement: • Utilize survey provided by the City of Owasso • Identify type I repair locations needed to repair base issues • Prepare plans that include: • Make repairs to the street • Mill and overlay of the street • Replace inlets on the roadway • Remove and replace curb and gutter • Remove and replace sidewalks /handicap ranks to meet ADA requirements • Remove and replace side street aprons and make ADA compliant • Remove and replace driveway aprons and make ADA compliant • Preparing final bid documents and submit to ODOT for bidding • Assist with questions /clarifications during project bidding • Provide clarifications during construction On August 4, 2022, City staff and Poe & Associates, Inc., came to an agreement relating to the engineering service fee. If approved by City Council, the cost of engineering services will be a lump sum amount of $191,755.00. Main Street Resurfacing Engineering Design Page 2 FUNDING: Funding is available in the Capital Improvements Budget. RECOMMENDATION: Staff recommends approval of an Agreement for Engineering Services with Poe & Associates, Inc., of Tulsa, Oklahoma, in the amount of $191,755.00 and authorization to execute all necessary documents. ATTACHMENTS: Location Map Engineering Agreement /Exhibits Main Street, Broadway to 11th Street 1" = 1000 ft Location Map 05/04/2021 This map may roe esems a visual display of related geographic information. Data provided here on is not guarantee of acutuaI field ccnditions. To be sure of complete accuracy, please contact the responsible mast up -to -date information. AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK N. MAIN STREET E. BROADWAY AVE. TO E. 11TH ST. N. PAVEMENT REHABILITATION THIS AGREEMENT, made and entered into this 16f day of August, 2022 between the City of Owasso, Oklahoma, a Municipal Corporation, of Oklahoma, hereinafter referred to as CITY, and POE & ASSOCIATES, INC., hereinafter referred to as ENGINEER; WITNESSETH: WHEREAS, CITY intends to design the pavement rehabilitation of E. Main St. from E. Broadway Ave. to E. 111h St. N. 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 City of Owasso Capital Improvement Fund and Coronavirus Response and Relief Supplemental Appropriations Act, 2021 CRRSAA) through INCOG. 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, FEE /HOUR BREAKDOWN, 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 POE AGREEMENT OF SERVICES.000 C -1 The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of Engineer's profession practicing under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with Engineer's services. 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 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 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 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. POE AGREEMENT OF SERVICES.000 C -2 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. 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 POE AGREEMENT OF SERVICES.000 C -3 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. 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: POE & ASSOCIATES, INC. 4606 S. Garnett, Suite 600 Tulsa, OK 74146 Attention: fames Hemphill, P.E., Vice - President 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. POE AGREEMENT OF SERVICESAOC CA 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 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 three (3 ) meetings 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 Rusty Akerman, P.E. as Project Manager for the PROJECT. ENGINEER POE AGREEMENT OF SERVICESAOC C -5 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. APPROVED: ENGINEER: POE & ASSOCIATES, INC. By: Jam s Hemphill, P.E., Vice - President Date CITY OF OWASSO, OKLAHOMA City Clerk, Juliann M. Stevens Mayor, Kelly Lewis Date APPROVED AS TO FORM: City Attorney, Julie Lombardi C -6 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK N. MAIN STREET E. BROADWAY AVE. TO E. 11TH ST. N. PAVEMENT REHABILITATION Scope of Project Attachment A SCOPE OF PROJECT. The PROJECT shall consist of civil engineering SERVICES described as follows: Poe & Associates, Inc. will perform all engineering and drafting services required to prepare complete detailed construction plans, specifications, and bidding documents for the pavement rehabilitation of N. Main St from E. Broadway Ave. to E. 11th St. N. All design will be in English units in accordance with the current 'Oklahoma Department of Transportation (ODOT) Design Manual', 'AASHTO Policy on Geometric Design of Highways and Streets', 'AASHTO LRFD Bridge Design Specifications" including current interims, the 'Manual on Uniform Traffic Control Devices', all applicable ODOT policies and procedures, and City of Owasso standards. (Where ODOT and City of Owasso standards are identical, ODOT standard sheets will be used. Where City of Owasso vary from ODOT, City of Owasso shall provide engineer with standard details to be inserted into the plans) POE AGREEMENT OF SERWCESAOC C-7 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK N. MAIN STREET E. BROADWAY AVE. TO E. 11TH ST. N. PAVEMENT REHABILITATION Scope of Services Attachment B B.1 ROADWAY PLANS Prepare all roadway and roadway - related plans for the pavement rehabilitation of N. Main Street, beginning approximately on the south side of W. Broadway St. and extending north to the pavement change at approximately 120 feet south of the intersection of E. 86t1 St. N. The scope does include the reconstruction of the non - arterial intersecting street aprons. The proposed roadway will be the following: B.1.1 A mill, patch and overlay of the existing mainline pavement including the replacement of curb & gutter, sidewalk, driveways and street aprons. 13.1.2 A minimum 5' sidewalk on both the east and west sides of the roadway will be included in the design. ADA compliance will be met for the sidewalk and ramps at all street crossings. B.1.3 Poe will utilize City of Owasso design standards to minimize the details shown in the plans. B.1.4 Included in the roadway design are pavement rehabilitation, drainage, striping, and traffic control during construction. B.1.5 The drainage design (Broadway to 3rd St.) will consist of a drainage map, evaluation of existing drainage system and proposed upgrades to the existing drainage inlets and connecting storm pipes. The drainage design north of 31 St. will consist of replacing inlets with like size and will require no design. B.1.6 A topographical survey & surface model will be provided by the City of Owasso. BAY The roadway will be open to local traffic during construction. B.1.8 Construction estimates will be provided with each plan submittal. POE AGREEMENT OF SERVICES.DOC C -8 B.2 BIDDING PROCESS 1. Prepare advertisement for bids 2. Answer questions /prepare addenda as needed 3. Attend mandatory pre -bid conference 4. Attend bid opening 5. Prepare engineering estimate 6. Prepare bid tabulation B.3 PROVIDE CONSTRUCTION SERVICES 1. Assist in the preparation of bidding documents 2. Provide responses to all requests for information 3. Review all submittals 4. Provide assistance during construction as needed POE AGREEMENT OF SERVICES DOC C'9 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK N. MAIN STREET E. BROADWAY AVE. TO E. 11TH ST. N. PAVEMENT REHABILITATION 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 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. POE AGREEMENT OF SERVICESDOC C -10 C.5 Topographical survey and an existing surface model will be provided by the City of Owasso. C.6 Right -of Way Documents - If any ROW documents are needed the City of Owasso will prepare the documentation. C9 Geotechnical investigation is not included in this contract. If it is deemed necessary after the execution of this contract, a supplemental agreement will be required. C.8 Utility Coordination will be provided by the City of Owasso. C.9 Documentation of as builts will be completed by the City of Owasso after the completion of the project. 11 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK N. MAIN STREET E. BROADWAY AVE. TO E. 11 T" ST. N. PAVEMENT REHABILITATION 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 actual hours or work, invoiced according the Rate Schedule provided in ATTACHMENT E, completed at the time of billing. Invoices shall be accompanied by such documentation as the CITY may require in substantiation of the amount billed. DA Total Compensation For the work under this project the total lump sum including direct costs and subconsultant services shall be One Hundred Ninety -One Thousand and Sew Hundred Fiftv -Five Dollars and No/100 ($191.755), 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 D3.1 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.32 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 Payment 12 DAI 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. 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 N. MAIN STREET E. BROADWAY AVE. TO E. 11TH ST. N. PAVEMENT REHABILITATION Billing Rate Sheet Attachment E SCHEDULE OF RATES For CONSULTING ENGINEERING SERVICES PROJECT MANAGER $180.00 / hour PROJECT ENGINEER $130.00 / hour DESIGNER $125.00 / hour CADD TECHNICIAN $95.00 / hour Mileage 0.625 / mile Out -of- Pocket Expenses (Including travel expenses) Actual amount Outside Consultants and Laboratories Actual amount 14 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK N. MAIN STREET E. BROADWAY AVE. TO E. 11TH ST. N. PAVEMENT REHABILITATION Schedule Attachment F F. SCHEDULE. The schedule for general engineering services for the PROJECT is provided as follows: Notice to Proceed (Tentative Date) Tuesday, September 6, 2022 Task 2 - 60% Plans Thursday, January 19, 2023 City /ODOT Review Friday, January 27, 2023 Task 3 - 90% Plans Monday, March 27, 2023 City /ODOT Review Tuesday, April 4, 2023 Task 4 - PSE Submittal to ODOT Wednesday, May 3, 2023 Deadline: From ODOT Local Gov't on the funds involved: Funds should be obligated by June 30, 2023. I believe what meant by obligated is that funds are authorized by FHWA by June 30, 2023. Meaning we have NEPA, R/ W has been cleared by ODOT R/ W division and a cert has been issued by the Chief of R/ W, and we have a RR certificate stating either there is no rail participation or an agreement with the RR if there is rail participation, and a request Federal Highways has been made for funding to be authorized (approved) for construction. The June 30, 2023 is the deadline. Is there R/ W on this project? If not we just need to submit 60% plans with a r/w affidavit for clearance. It will also make the NEPA process simpler and quicker. Depending on the scope of the project it is still attainable to meet the deadline with a strict schedule. Allison Enright Project Manager, CED 1 & INCOG ODOT Local Government Division State Cell Phone 405.210.7435 15 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK N. MAIN STREET E. BROADWAY AVE. TO E. 11TH ST. N. PAVEMENT REHABILITATION INSURANCE CERTIFICATE Attachment G 16 POE &ASS -01 KSTEBBINS CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endomement(s ). PRODUCER CONTACT Messer - Bowers Company 6701 N Broadway Suite 201 Oklahoma City, OK 73116 PHONE INC, No. Eaq: (405) 840 -4351 INC No):(405) 842 -1009 E-MAIL . kstebbins@messerbowers.com AoD E INSURERS AFFORDING COVERAGE NAIL# INSURER A-Travelers Indemnity of America 25666 81112022 INSURED INSURER B:The Phoenix Insurance Co S 1.600,600 INSURERC:THE TRAVELERS INDEMNITY CO 25658 Poe & Associates Inc INSURERD:Trave[am Casualty & Suret Company ofAmerica 31194 4606 Garnett Rd Tuls a, OK 74146 Tulsa, INSURER E NSURER F: COVERAGES CERTIFICATE Nl]MRFR- REVISION NN IMBER• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENTWITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FX—] OCCUR 680 0OH770068 22 47 81112022 81112023 EACH OCCURRENCE S 1.600,600 DAMAGE TO RENTED BODILY INJURY Per accident DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Job 22 -1010 Architects & Engineer's. General Liab Incl's: Blanket Additional Insd on a primary and non contributory basis, Blanket Waiver of Subrogation and 30dnoc (except 10 for non pay) in favor of the holder. General Liab is subject to a total aggregate limit of $6,000,0001 Auto Liab Incl's: Blanket Additional Insd, Blanket Waiver of Subrogation, 30dnoc (except 10 for non pay) in favor of the holder I Work Comp Incl's: Blanket Waiver of Subrogation, 30dnoc (except 10 for non pay) in favor of the holder, all when req'd by written contract. Excess Liab is follow form to: General, Auto and Employer's Liab. Professional Liab Aggregate $5,000,000. Re; #22 -1010, Main Street City of Owasso 301 W 2nd Ave Owasso, OK 74055 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) ©1988 -2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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 12, 2022 BACKGROUND: In 2005, the City widened Garnett between 86th & 961h 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 produce 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 RECOMMENDATION: Staff recommends approval of an Agreement for Engineering Services with Meshek and Associates, LLC, of Tulsa, Oklahoma, in the amount of $107,780.00, and authorization to execute the necessary documents. ATTACHMENTS: Location Map Engineering Agreement /Exhibits GARNETT CULVERT IMPROVEMENTS 1" = 450 ft Sub Title 08/03/2022 This map may represents a visual display of related geographic info nn at ion. Data provided here on is no; gu aramee of acutual field conditions. To be sure cf complete accuracy, please contact the responsible stmt for m ost up -to -date information. 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 96w 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. 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 furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. 7.5. ENGINEER's deliverables, including record drawings, are limited to the sealed and signed hard copies. Computer - generated drawing files furnished by ENGINEER are for CITY or others' convenience. Any conclusions or information derived or obtained from these files will be at user's sole risk. 8. OPINIONS OF COST AND SCHEDULE. 8.1. Since ENGINEER has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors', subcontractors', or vendors' methods of determining prices, or over competitive bidding or market conditions, ENGINEER'S cost estimates shall be made on the basis of qualifications and experience as a Professional Engineer. 8.2. Since ENGINEER has no control over the resources provided by others to meet construction contract schedules, ENGINEER'S forecast schedules shall be made on the basis of qualifications and experience as a Professional Engineer. PAGE 2 OF 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 7.11 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 ENGINEER's 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. 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: Juliann M. Stevens, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney Meshek & Associates, LLC Be amin W. Fletcher, PE, LSI Date 7/12/2022 CITY OF OWASSO, OKLAHOMA Kelly Lewis, Mayor Date _ /_/ PAGE 6 OF 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) 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 8 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.1.a) Perform a Topographic Survey and Boundary Survey B.1.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.l.a) 2. Perform boundary survey to verify existing easements and right of way of the project site. B.l.b) Provide Preliminary Design B.1.b) 1. Provide preliminary hydrologic and hydraulic design for the PROJECT B.l.b) 2. Prepare preliminary construction plans for the PROJECT B.l.b) 3. Prepare preliminary construction estimate B.1.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.1.c) 3. Prepare final construction estimate PAGE 9 OF 15 B.l.d) Provide Construction Services B.l.d) 1. Assist in the preparation of bidding documents for the PROJECT B.l.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.1d) 6 Prepare As -Built plans based on flee inspector's and contractor's field notes B.2 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: C.1 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. D.6.3 If the PROJECT is delayed, or if ENGINEER'S services for the PROJECT are delayed or suspended for more than ninety days for reasons beyond ENGINEER'S control, ENGINEER may, after giving fifteen days written notice to CITY, request renegotiation of compensation. PAGE 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 II $ 195.00 Project Manager II $ 225.00 GIS Project Manager 1 $ 150.00 Project Manager 1 $ 150.00 GIS Specialist II $ 130.00 Project Engineer II $ 145.00 GIS S ecialist 1 $ 100.00 Project Engineer I $ 125.00 GIS Analyst $ 85.00 Engineering Intern $ 110.00 GIS Technician $ 75.00 Engineering Technician II S 125.00 GPS Field Technician $ 75.00 Engineering Technician 1 $ 85.00 ROW Project Manager II $ 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 II $ 110.00 Survey Project Manager $ 185.00 Planner I S 90.00 Li DAR Survey Crew $ 250.00 Contract Administrator $ 155.00 LiDAR Data Specialist $ 120.00 lAdministrative $ 100.00 Allowance for Travel Mileage Billed at Current IRS Rate Per Diem Billed at Current IRS Rate Per Diem 8-1/2 "01" rint 0.15 0.20 0.30 3.00 6.00 9.00 Billed at Current GSA Rate Billed per page printed 8 -1/2 "x14" print 11 "x17" print Black and White Plots Color Plot M lars and Fees Passthrough at Cost Outside Direct Project Expenses Subconsultant Services Cost plus 5% 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 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 12, 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 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 76th 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 # 1 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 #1 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 ranking of all seven (7) firms, with K +D Architects of Owasso, Oklahoma, receiving the highest score. Fire Station # 1 & 2 Page 2 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. RECOMMENDATION: Staff recommends approval of an Agreement for Architectural and Engineering Services with K +D Architects, of Owasso, Oklahoma, in an amount not to exceed $148,500.00 and authorization to execute all necessary documents. 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 116th 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 B105TM - 2017. Copyright © 1993, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This Al e 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 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 A105T^ -2017, 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 famish 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 ® 1993, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This A10 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 04/28/2022 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 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 Al 05-2017, 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 nav the Architect an initial oavment 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 1 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 terns of this Agreement) Refer to attached Proposal for Design Services dated July 19, 2022. AIA Document B705ie —2017. Copyright ® 1993, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This Al e 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 04128/2022 22:38:35 under the terms of AIA Documents on Demanda 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. This Agreement entered into as of the day and year first written above. OWNER (Signature) (Printed name and title) ARCH[ (Signature) Jeff avis, AIA (Printed name, title, and license number, if required) Init. AIA Document 6105- -2017. Copyright ®1993, 2007 and 2017 by The American Inslilule of Architects. All rights reserved. WARNING: This Ale 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 t was created on 04/28/2022 22:38:35 under the terms of AIA Documents on 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 contractors 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: FROM: SUBJECT: DATE: The Honorable Mayor and City Council Julie Trout Lombardi City Attorney and General Counsel Resolution 2022 -13, Authorization to Initiate Condemnation Proceedings to Acquire a Temporary Construction Easement and a Sanitary Sewer Easement for the Ranch Creek Interceptor Project. August 12, 2022 BACKGROUND: The City of Owasso is currently in the process of acquiring easements in the Ranch Creek Interceptor basin. The property at issue is the final tract to be obtained, and it is necessary to acquire both a temporary construction easement and a sanitary sewer easement. The owners of the property have passed away, and the property has not been probated or otherwise conveyed to heirs. It is somewhat unclear who the rightful heirs to the property might be and who requires notification and /or service of process in this case. At the present time, staff is unaware of an heir who might be able to convey good title to the property, Therefore, it is necessary to condemn the property and allow a court to determine issues of title, Based upon the foregoing, it has become apparent that condemnation is the sole mechanism available to the City to obtain the necessary easements on the Crawford parcel. The easements in question will be utilized for a public purpose, therefore a condemnation action is both warranted and appropriate. Staff submits that a Resolution of Necessity authorizing the filing and prosecution of a condemnation action is appropriate and required to obtain needed easements from this property. RECOMMENDATION: Staff recommends approval of Resolution 2022 -13 authorizing the filing and prosecution of a condemnation action to obtain the necessary easements on the Crawford property described therein. ATTACHMENT: Proposed Resolution 2022 -13 CITY OF OWASSO, OKLAHOMA RESOLUTION 2022 -13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA RESOLVING THE NECESSITY OF INSTITUTING AND PROSECUTING CONDEMNATION PROCEDURES TO OBTAIN PROPERTY LOCATED AT 10808 NORTH 97TH EAST AVENUE, OWASSO, OKLAHOMA, 74055 WHEREAS: The City of Owasso, by and through officers and agents thereof, has endeavored to purchase certain property from the heirs of Billy Gene Crawford, Sr., with the following legal description: Utility Easement: A tract of land in the southeast quarter (SE /4) of Section Twelve (12), Township Twenty -One (21) North, Range Thirteen (13) East of the Indian Base and Meridian, Tulsa County, according to the U.S. Government survey thereof, and being more particularly described as follows, to wit: Commencing at the southeast corner of said Section Twelve (12); Thence S88°34'58 "W for a distance of 663.30 feet; thence N01°34'32 "W for a distance of 1,161.00 feet; thence N88°33'06 "E for a distance of 258.41 feet to the point of beginning; thence N22°57'17 "E for a distance of 182.16 feet; thence N88°32'49 "E for a distance of 21.97 feet; thence S22°57'24 "W for a distance of 182.16 feet; thence S88°33'06 "W for a distance of 21.97 feet to the point of beginning; area containing 0.08 acres, more or less. Temoorary Construction Easement: A tract of land in the southeast quarter (SE /4) of Section Twelve (12), Township Twenty -One (21) North, Range Thirteen (13) East of the Indian Base and Meridian, Tulsa County, according to the U.S. Government survey thereof, and being more particularly described as follows, to wit: TRACT A Commencing at the southeast corner of said Section Twelve (12); thence S88 °34'58 "W for a distance of 663.30 feet; thence N01°34'32 "W for a distance of 1,161.00 feet; thence N88°33'06 "E for a distance of 203.50 feet to the point of beginning; thence N22°57'17 "E for a distance of 182.15 feet; thence N88 032'49 "E for a distance of 54.91 feet; thence S22°57'17 "W for a distance of 182.16 feet; thence S88°33'06 "W a distance of 54.91 feet to the point of beginning area containing 0.21 acres, more or less. AND TRACT B Commencing at the southeast corner of said Section Twelve (12); thence S88°34'58 "W for a distance of 663.30; thence N01°34'32 "W for a distance of 1,161.00 feet; thence N88°33'06 "E for a distance of 280.38 feet to the point of beginning; thence N22°57'24 "E for a distance of 182.16 feet; thence N88°32'49 "E for a distance of 54.91 feet; thence S22°57'24 "W for a distance of 182.17 Feet; thence S88°33'06 "W for a distance of 54.91 feet to the point of beginning; area containing 0.21 acres, more or less. WHEREAS: The acquisition of the property referenced above is necessary for public safety and to facilitate the sewer system servicing the surrounding area; and WHEREAS: The City of Owasso, by and through officers and agents thereof, has attempted to make a bona fide, good faith offer to Billy G. Crawford, Jr., to purchase the land referenced above: and WHEREAS: All the heirs of Billy Gene Crawford, Sr., were not able to be located, resulting in an inability to obtain proper ownership of the land; and WHEREAS: As provided under the Constitution and Statutes of the State of Oklahoma, it is necessary for the City of Owasso to condemn the property referenced above in the interest of public safety and for the facilitation of the sewer system servicing the surrounding area. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: It being necessary for public safety, the officers and agents of the City of Owasso, Oklahoma, are hereby authorized to initiate, and prosecute to the conclusion thereof condemnation proceedings against the heirs of Billy Gene Crawford. In addition, staff is authorized to retain the firm of Doerner, Saunders, Daniel & Anderson, LLP, to represent the City of Owasso and prosecute this matter to conclusion. APPROVED this 16th day of August, 2022, by the City Council of the City of Owasso. Kelly Lewis, Mayor Attest: Juliann M. Stevens, City Clerk Approved As To Form: Julie Lombardi, City Attorney 6095958.1 23.0 PARCEL 23 EXHIBIT "A" SANITARY SEWER EASEMENT Page 2 of 2 POINT OF COMMENCEMENT SOUTHEAST CORNER OF SECTION 12 Q T 663.30' S88'34 58 "W SUBJECT N EASEMENT SANITARY SEWER Scale: 1" =50' East 106th Street North EASEMENT 0 25 50 100 Location Map FILE: 210021 LG -23 Not to Scale Notes 1. THE BEARING BASE FOR THIS EXHIBIT IS BASED ON THE SOUTH gENNETT LINE OF THE SE /4 OF SECTION 12, T -21 —N, R -13 —E AS S8634'5B "W' SURVEYING, INC. 2. SEE EXHIBIT "A" PAGE 1 FOR LEGAL DESCRIPTION AND SURVEYOR'S p•0. Box so, mTrAU, at 71337 CERTIFICATE. PHONE (z91) 47827 OFD ,19.918 ) 23.A PARCEL 23 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT Page 2 of 2 CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 07/30122 Department Payroll Expenses Total Expenses 105 Municipal Court 6,177.40 9,726.91 110 Managerial 26,560.44 36,798.77 120 Finance 22,055.33 33,140.61 130 Human Resources 11,261.62 16,381.57 160 Community Development 21,506.85 32,773.40 170 Engineering 21,284.90 32,612.09 175 Information Systems 20,529.72 29,663.55 181 Support Services 10,284.11 15,519.28 190 Cemetery 201 Police Grant Overtime 2,651.94 2,686.99 215 Central Dispatch 2,694.56 3,988.31 221 Animal Control 4,634.40 6,812.06 280 Emergency Preparedness 2,547.02 3,531.38 370 Stormwater /ROW Maint. 7,193.51 11,762.08 515 Park Maintenance 11,617.60 18,055.25 520 Culture /Recreation 8,926.60 14,432.09 550 Community- Senior Center 6,734.59 8,952.26 580 Historical Museum 832.40 929.37 720 Strong Neighborhood 352.01 435.37 General Fund Total 187,845.00 278,201.34 185 Garage Fund Total 10 695.36 17 677.61 255 Ambulance Fund Total 553.85 618.38 215 E911 Communication 26,468.30 40,185.35 250 Fire Fund 37 Total 217,611.89 322,626.54 201 Police Fund 38 Total 218,458.74 327,405.48 300 Streets Fund 39 Total 19,434.14 33,679.67 370 Stormwater Fund 27 Total 5,428.41 8,196.18 150 Worker's Compensation Total 960.00 1,06Z24 24 720 Strong Neighborhoods Total 4,348.28 6,218.22 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 08/10 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE ADMIN FEES DENTAL DEPT TOTAL VSP VISION MEDICAL SERVICES VISION MEDICAL SERVICES VISION DEPT TOTAL HEALTHCARE SELF INSURANCE FUND TOTAL AMOUNT 35,510.06 35,427.47 35,621.36 1,355.50 45,970.57 153,884.96 8,011.80 8,986.20 3,322.56 20,320.56 439.53 2,465.65 2,905.18 177,110.70 CITY OF OWASSO GENERAL FUND & HALF -PENNY SALES TAX FISCAL YEAR 2022.2023 Budgetary Basis Statement of Revenues & Expenditures As of July 31, 2022 Q: \Finance (120)\Accounting \Reports \Current FY \GF Financials MONTH YEAR PERCENT TO -DATE TO -DATE BUDGET OF BUDGET REVENUES: Taxes $ 3,807,887 $ 3,807,887 $ 43,597,432 8.73% Licenses & permits 61,716 61,716 361,252 17.08% Intergovernmental 132,866 132,866 1,329,004 10.00% Charges for services 61,347 61,347 778,257 7.88% Fines & forfeits 24,254 24,254 181,100 13.39% Other 2,038 2,038 85,717 2.38% Interest 12,738 12,738 77,446 16.45 %, TOTAL REVENUES $ 4,102,846 $ 4,102,846 $ 46,410,208 8.84% EXPENDITURES: Personal services $ (1,865,701) $ (1,865,701) $ (25,236,567) 7.39% Materials & supplies (44,275) (44,275) (1,539,094) 2.88% Other services (209,793) (209,793) (3,553,316) 5.90% Capital outlay (137,879) (137,879) (2,750,192) 5.01% Deferred Budget - COVIDGrant 0.00% TOTAL EXPENDITURES $ (2,257,648) $ (2,257,648) $ (33,079,169) 6.82% REVENUES OVER EXPENDITURES $ 1,845,198 $ 1,845,198 $ 13,331,039 TRANSFERS IN (OUT): Transfers in $ 1,980,447 $ 1,980,447 $ 22,522,339 8.79% Transfers out (3,123,272) (3,123,272) (37,771,944) 8.27% TOTAL TRANSFERS $ (1,142,825) $ (1,142,825) $ (15,249,605) 7.49% NET INCOME (LOSS) $ 702,373 $ 702,373 $ (1,918,566) ENCUMBRANCES OUTSTANDING $ (415,002) FUND BALANCE (Budgetary Basis) Beginning Balance 13,715,245 13,715,245 Ending Balance $ 14,002,616 $ 11,796,679 Q: \Finance (120)\Accounting \Reports \Current FY \GF Financials