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HomeMy WebLinkAbout2022.09.20_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL Council Chambers Old Central Building 109 North Birch, Owasso, OK Tuesday, September 20, 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 RECEIVED 2. Invocation - Pastor Casey Cariker of Rejoice Church SEP IS 2022 3. Flag Salute 4. Roll Call City Clerk's Office 5. Consideration and appropriate action relating to a request for approval of the Consent Agenda. (All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes - September 6, 2022, and September 13, 2022, Regular Meetings B. Approve claims C. Approve the service agreement renewal with Motorola Solutions of Chicago, Illinois, in the amount of $31,816.20 for the dispatch radio communication system, and authorize execution of all necessary documents D. Approve the contract renewal with Youth Services of Tulsa, Inc., in the amount of $49,500.00 for management and operation of the Owasso Youth Court for 2022 -2023, and authorize execution of all necessary documents E. Accept a donation from Oklahoma Heart Institute in the amount of $10,000.00, and approve a budget amendment in the General Fund increasing estimated revenues and the appropriation for expenditures in the Recreation and Culture Department by $10,000.00 6. Consideration and appropriate action relating to items removed from the Consent Agenda Consideration and appropriate action relating to a request for an executive session, as provided for in Title 25, O.S. § 307(B)(4), for the purposes of discussing confidential communications between the City Council and its Attorney concerning Case No. CJ- 2019 -3110, City of Owasso v. Keys Plus Properties, LLC, to obtain property located at 11625 North 113th East Avenue for the East 116th Street North and North Garnett Road Intersection Improvement Project Julie Lombardi 8. Consideration and appropriate action relating to a settlement agreement in Case No. CJ- 2019 -3110, City of Owasso v. Keys Plus Properties, LLC, located at 11625 North 1131h East Avenue S. Douglas Dodd /Julie Lombardi Consideration and appropriate action relating to bids received for the Sports Park Parking Lots Improvement Project Larry Langford Staff recommends awarding the base bid to R &L Construction of Tulsa, Oklahoma in the amount of $1,049,982.00 and authorization to execute all necessary documents. 10. Consideration and appropriate action relating to an amendment to the Future Owasso Rams (FOR) Sports Park Building Site Ground Lease Larry Langford Staff recommends approval of the amended Future Owasso Rams Sports Park Building Site Ground Lease and authorization to execute all necessary documents. Owasso City Council September 20, 2022 Page 2 11. Consideration and appropriate action relating to the purchase of a Work Order and Pavement Management System for the Public Works Department Teresa Willson Staff recommends approval of an agreement for software services with iWorQ of Logan, Utah in the amount of $50,000.00 and authorization to execute all necessary documents. 12. Consideration and appropriate action relating to Ordinance 1197, accepting, adding, and annexing seventeen parcels, comprising approximately 6.35 acres, located along East 116th Street North, between North Garnett Road and North 129th East Avenue, as referenced in Application OA 22 -01 Alexa Beemer Staff recommends adoption of Ordinance 1197. 13. Consideration and appropriate action relating to Resolution 2022 -14, requesting consent from the Tulsa County Board of County Commissioners to annex portions of East 116th Street North, between North Garnett Road and North 129th East Avenue and authorizing the City Manager to facilitate the annexation process Alexa Beemer Staff recommends approval of Resolution 2022 -14. 14. Consideration and appropriate action relating to a proposed amendment to the Agreement for Architecture and Engineering Services with K +D Architects of Owasso, Oklahoma for the Police Department Shoothouse and a Multi -Use Structure Jason Woodruff Staff recommends approval of the amended agreement, revising the scope of work and increasing the cost for services by $12,100.00 for a revised total amount of $55,350.00. 15. Report from City Manager 16. Report from City Attorney 17. Report from City Councilors 18. Official Notices (documents for acknowledgment of receipt or information only, no discussion or action will be taken) • Payroll Payment Report - Pay Period Ending Date September 10, 2022 • Health Care Self- Insurance Claims - dated as of September 14, 2022 • Monthly Budget Status Report - August 2022 19. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 20. Adjournment 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, September 16, 2022. M. Stevens. City Clerk The City of Owasso encourages citizen participation. To request ar°cccommodotion 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, SEPTEMBER 6, 2022 The Owasso City Council met in regular session on Tuesday, September 6, 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, September 1, 2022, 1. Call to Order - Mayor Kelly Lewis called the meeting to order at 6:30pm. 2. Invocation - The Invocation was offered by Pastor Bill Ascol of Bethel Baptist Church. 3. Flag Salute - Councilor Bill Bush led the flag salute. 4. Roll Call - A quorum was declared present. Present Absent Mayor- Kelly Lewis Councilor- Doug Bonebrake Vice Mayor- Alvin Fruga Councilor- Bill Bush Councilor - Lyndell Dunn Staff: City Manager - Warren Lehr / City Attorney - Julie Lombardi 5. Presentation of Character Trait of Orderliness Art Haddaway, News Editor Owasso Reporter, presented the character trait for the month of September. 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 16, 2022, Regular Meeting B. Approve claims Mr. Bush moved, seconded by Mr. Fruga to approve the Consent Agenda as presented, with claims totaling $555,176.99. YEA: Bush, 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 the purchase of police vehicles Dan Yancey presented the item, recommending approval to purchase seven (7) 2022 Ford Explorer police vehicles and one (1) 2022 Ford F150 police vehicle from Vance Country Ford of Guthrie, Oklahoma, in the amount of $293,195.00 and authorization for payment. There were no comments from the audience. After discussion, Mr. Dunn moved, seconded by Mr. Bush to approve the purchase and authorize payment, as recommended. YEA: Bush, Dunn, Fruga, Lewis NAY: None Motion carried: 4 -0 9. Consideration and appropriate action relating to the purchase of an asphalt paving machine Larry Escalanta presented the item, recommending approval to purchase a Weiler P65 Commercial Asphalt Paver from Warren CAT of Midland, Texas, in the amount of $114,251.00 per the State of Oklahoma's approved contract #SW0195 -4986. There were no comments from the audience. After discussion, Mr. Dunn moved, seconded by Mr. Fruga to approve the purchase, as recommended. YEA: Bush, Dunn, Fruga, Lewis NAY: None Motion carried: 4 -0 Owasso City Council September 6, 2022 Page 2 10. Consideration and appropriate action relating to an agreement with Grand Gateway Economic Development Authority for Pelivan Transit services Josh Quigley presented the item, recommending approval of the Purchase of Service Agreement between the City of Owasso and Grand Gateway Economic Development Association (Pelivan Transit) of Big Cabin, Oklahoma, in the amount of $60,475.00, and authorization to execute the necessary documents. There were no comments from the audience. After discussion, Ms. Lewis moved, seconded by Mr. Dunn to approve the agreement and authorize execution of the necessary documents, as recommended. YEA: Bush, Dunn, Fruga, Lewis NAY: None Motion carried: 4 -0 11. 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 971h 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 presented the item, recommending approval of Resolution 2022 -13. There were no comments from the audience. After discussion, Mr. Bush moved, seconded by Mr. Dunn to approve Resolution 2022 -13, as recommended. YEA: Bush, Dunn, Fruga, Lewis NAY: None Motion carried: 4 -0 12. Report from City Manager Warren Lehr reported on the annual block parties, and Redbud Festival Park's upcoming events. Mr. Lehr introduced Roger Stevens to provide the monthly Public Works project status report and discussion was held. 13. Report from City Attorney - None 14. Report from City Councilors Councilor Dunn commented on East 96th Street North Overlay Project. 15. Official Notices - The Mayor acknowledged receipt of the following: • Payroll Payment Report - Pay Period Ending Date August 13, 2022 and August 27, 2022 • Health Care Self- Insurance Claims - dated as of August 31, 2022 • Fiscal Year Ending 2022 Annual Financial Report Tax Increment District No. 1, City of Owasso ( Redbud TIF District) 16. New Business - None 17. Adjournment Mr. Bush moved, seconded by Mr. Dunn to adjourn the meeting. YEA: Bush, Dunn, Fruga, Lewis NAY: None Motion carried: 4 -0 and the meeting adjourned at 7:10 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, SEPTEMBER 13, 2022 The Owasso City Council, Owasso Public Works Authority (OPWA), and Owasso Public Golf Authority (OPGA) met in a joint regular meeting on Tuesday, September 13, 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, September 9, 2022. 1. Call to Order /Roll Cali - Mayor /Chair Kelly Lewis called the meeting to order at 6:00 pm. A quorum was declared present. 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 2. Consideration and appropriate action relating to a request for an executive session, as provided for in Title 25, O.S. § 307(B)(4), for the purposes of discussing confidential communications between the City Council and its Attorney concerning Case No. CJ- 2019 -3110, City of Owasso v. Keys Plus Properties, LLC, to obtain property located at 11625 North 113 +h East Avenue for the East 116th Street North and North Garnett Road Intersection Improvement Project Julie Lombardi recommended the City Council enter into executive session. Mr. Bush moved, seconded by Mr. Dunn to enter into executive session. YEA: Bonebrake, Bush, Dunn, Fruga, Lewis NAY: None Motion Carried 5 -0 At 6:01 pm, the City Council along with Warren Lehr, Julie Lombardi, Chris Garrett, Roger Stevens, and Doug Dodd entered into executive session. At 6:52 pm, the City Council exited executive session and returned to open session. 3. Discussion relating to the Small Business Enhancement Application received for property located at 118 South Main Street, as provided for in the Owasso Redbud District Project Plan and Policy Guide for Tax Increment Financing (TIF) District No. 1 Chris Garrett presented the item and discussion was held. It was further explained this item would be placed on September 20, 2022, OPWA agenda for consideration and action. 4. Discussion relating to the proposed annexation (OA 22 -01) of approximately 6.35 acres located along East 116 +h Street North, between Garnett Road and North 129th East Avenue Alexa Beemer presented the item and discussion was held. It was further explained this item would be placed on the September 20, 2022, City Council agenda for consideration and action. 5. Discussion relating to the purchase of a Work Order and Pavement Management System for the Public Works Department Teresa Willson presented the item and discussion was held. 6. Discussion relating to City /Authority Manager items A. Monthly sales tax report and revenue outlook B. City Manager report Warren Lehr introduced Carly Ncvozinsky to present item A and discussion was held. Mr. Lehr reported on the annual block parties and discussion was held. 7. City Councilor /Trustee comments and inquiries - None Owasso City Council, OPWA & OPGA September 13, 2022 Page 2 8. Adjournment The meeting adjourned at 7:08 pm. Kelly Lewis, Mayor /Chair Juliann M. Stevens, City Clerk Claims List - 09/20/2022 Fund Vendor Name Payable Description Payment Amount 01 GENERAL TYLER TECHNOLOGIES, INC. CAD SOFTWARE $106,403.20 CAD SOFTWARE -Total $106,403.20 ALBIN VETERINARY HOSPITAL, PLLC VETERINARY CARE $266.47 BLUE ENERGY FUELS LLC CNG FUEL EXP AUG 22 $69.20 FLEETCOR TECHNOLOGIES FUEL EXPENSES AUG 22 $103.36 JPMORGAN CHASE BANK AMAZON - EQUIPMENT $572.90 JPMORGAN CHASE BANK AMAZON - SUPPLIES $310.00 JPMORGAN CHASE BANK AMAZON -TOOLS $249.00 JPMORGAN CHASE BANK AMAZON- UNIFORM $289.90 JPMORGAN CHASE BANK EBAY- SUPPLIES $119.29 JPMORGAN CHASE BANK HOBBY LOBBY - SUPPLIES $69.67 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $112.36 JPMORGAN CHASE BANK MIDWEST VET - SUPPLIES $836.69 JPMORGAN CHASE BANK OREILLY -PARTS $46.37 JPMORGAN CHASE BANK PAYPAL- SERVICE $675.00 JPMORGAN CHASE BANK ROBERTSON - SUPPLIES $120.00 JPMORGAN CHASE BANK SOUTHERN AG- SUPPLIES $143.91 JPMORGAN CHASE BANK SWPS - SUPPLIES $41.36 JPMORGAN CHASE BANK TIRE RACK- EQUIPMENT $770.96 JPMORGAN CHASE BANK TOMMYS- SUPPLIES $63.98 JPMORGAN CHASE BANK TRACTOR- SUPPLIES $54.85 JPMORGAN CHASE BANK WATERSTONE- UNIFORM $84.00 VERIZON WIRELESS WIRELESS CONNECTION $80.02 GEN ANIMAL CONTROL -Total $5,079.29 JPMORGAN CHASE BANK ATWOOD- UNIFORM $154.99 JPMORGAN CHASE BANK PIONEER - REPAIRS $1,592.00 GEN CEMETERY -Total $1,746.99 JPMORGAN CHASE BANK LOCKE- SUPPLIES $348.78 JPMORGAN CHASE BANK LOWES -TOOLS $39.94 JPMORGAN CHASE BANK QUIT BUGGIN -PEST $95.00 ONEOK INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $193.10 GEN COMMUNITY CENTER -Total $676.82 BLUE ENERGY FUELS LLC CNG FUEL EXP AUG 22 $80.73 FLEETCOR TECHNOLOGIES FUEL EXPENSES AUG 22 $674.91 JPMORGAN CHASE BANK INTL CODE -EXAM $482.00 JPMORGAN CHASE BANK LODGING EXP 08/21 -27 $624.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $39.76 JPMORGAN CHASE BANK REIMBURSEMENT $126.57 JPMORGAN CHASE BANK SHELL -FUEL $69.29 KENNETH LIVINGSTON LAWN MAINTENANCE $2,200.00 LEE BHM CORP PUBLICATION $56.32 1 Claims List - 09/2012022 Fund Vendor Name Payable Description Payment Amount 01 GENERAL TULSA COUNTY CLERK TULSA COUNTY FILINGS $162.00 VERIZON WIRELESS WIRELESS CONNECTION $204.67 GEN COMMUNITY DEVELOPMENT -Total $4,720,25 BLUE ENERGY FUELS LLC CNG FUEL EXP AUG 22 $79.77 FLEETCOR TECHNOLOGIES FUEL EXPENSES AUG 22 $449.80 GEN CULTURE & RECREATION -Total $529.57 AT &T PHONE SERVICE $3.23 FLEETCOR TECHNOLOGIES FUEL EXPENSES AUG 22 $45.12 JPMORGAN CHASE BANK DELL - EQUIPMENT $1,406.27 VERDIGRIS VALLEY ELECTRIC COOP STORM SIREN #14 $31.41 VERDIGRIS VALLEY ELECTRIC COOP STORM SIREN #15 $35.39 VERDIGRIS VALLEY ELECTRIC COOP STORM SIREN #9 $31.48 VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN EM ERG PREPAREDNESS -Total $1,592,91 FLEETCOR TECHNOLOGIES FUEL EXPENSES AUG 22 $312.21 JPMORGAN CHASE BANK AMAZON- REFUND ($20.61) JPMORGAN CHASE BANK AMAZON- SUPPLIES $20.61 JPMORGAN CHASE BANK TYLER TECH - RENEWAL $360.00 UNIFIRST HOLDINGS LP UNIFORM SERVICES $35.02 UNITED STATES CELLULAR CORPORATION PW CELL PHONES $55.60 VERIZON WIRELESS WIRELESS CONNECTION $80.02 GEN ENGINEERING -Total $842.85 INTEGRITY CLIENT SERVICES, LLC CONSULTING SERVICES $4,300.00 JPMORGAN CHASE BANK CAROUSEL- SUPPLIES $92.02 JPMORGAN CHASE BANK DLX- SUPPLIES $147.99 GEN FINANCE -Total $4,540.01 AT &T PHONE SERVICE $9,71 ELIZABETH ANNE CHILDS GENERAL LEGAL FEES $2,460.00 ENTERPRISE FM TRUST LEASE AGREEMENT $1,166.58 FLEETCOR TECHNOLOGIES FUEL EXPENSES AUG 22 $95.43 JPMORGAN CHASE BANK AMER WASTE- DISPOSAL $111.07 JPMORGAN CHASE BANK IQ- MAINTENANCE $15.00 LEE BHM CORP PUBLICATION $757.74 MAILROOM FINANCE INC POSTAGE $1,000.00 ONEOK INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $226.96 SUMNERONE INC COPIER SERVICE $621.24 TULSA COUNTY CLERK TULSA COUNTY FILINGS $84.00 VERIZON WIRELESS WIRELESS CONNECTION $42.32 GEN GENERAL GOVERNMENT -Total $6,590.05 ONEOK INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $49.25 2 Claims List - 09/20/2022 Fund Vendor Name Payable Description Payment Amount 01 GENERAL GEN HISTORICAL MUSEUM -Total $49.25 JPMORGAN CHASE BANK SAV -ON- SUPPLIES $2,280.00 GEN HR - CHAR INITIATIVE -Total $2,280.00 AMERICANCHECKED INC ATTN: BILLING BACKGROUND CHECKS $710.75 JPMORGAN CHASE BANK CANVA - SUBSCRIPTION $239.75 JPMORGAN CHASE BANK GIANT TV- DEVELOPMENT $599.00 JPMORGAN CHASE BANK GLOBAL - CONFERENCE $139.00 JPMORGAN CHASE BANK NEXTCARE- MEDICAL $755.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $79,79 JPMORGAN CHASE BANK STRATA- SUPPLIES $1,096.71 RICH & CARTMILL INC SURETY BOND $1,514.00 GEN HUMAN RESOURCES -Total AMAZON - SUPPLIES $5,134.00 CHICKASAW TELECOM INC IT- MERAKI RENEWAL $3,512.25 FLEETCOR TECHNOLOGIES FUEL EXPENSES AUG 22 $64.29 JPMORGAN CHASE BANK AMAZON - EQUIPMENT $207.76 JPMORGAN CHASE BANK COX - SERVICE $1,650.87 JPMORGAN CHASE BANK DELL - EQUIPMENT $487.18 JPMORGAN CHASE BANK EBAY- EQUIPMENT $450.00 JPMORGAN CHASE BANK NNG- RENEWAL $300.00 JPMORGAN CHASE BANK SOLARWINDS- RENEWAL $4,809.00 PEAK UPTIME LICENSE RENEWAL $5,831.17 PEAK UPTIME VMWARE LICENSING $5,272.00 VERIZON WIRELESS WIRELESS CONNECTION $252.06 GEN INFORMATION TECH -Total $22,836.58 ENTERPRISE FM TRUST LEASE AGREEMENT $369.19 FLEETCOR TECHNOLOGIES FUEL EXPENSES AUG 22 $80.69 JPMORGAN CHASE BANK GLOBAL - CONFERENCE $278.00 JPMORGAN CHASE BANK MEETING EXP 08/17 $25.00 JPMORGAN CHASE BANK PIKEPASS -FEES $15.60 JPMORGAN CHASE BANK REASORS- SUPPLIES $15.94 JPMORGAN CHASE BANK SAMS- SUPPLIES $20.98 GEN MANAGERIAL -Total $805.40 JPMORGAN CHASE BANK AMAZON - SUPPLIES $114.10 GEN MUNICIPAL COURT -Total $114.10 BLUE ENERGY FUELS LLC CNG FUEL EXP AUG 22 $133.36 CITY OF OWASSO WATER SERVICE $11,508.00 FLEETCOR TECHNOLOGIES FUEL EXPENSES AUG 22 $227.85 FREDRICK COSTIN JR LAWN MAINTENANCE $2,031.00 G.W. ELECTRIC CO. DAMAGE REPAIR $462.35 JPMORGAN CHASE BANK ATWOOD- UNIFORM $119.99 i Fund Claims List - 09/20/2022 Vendor Name 01 GENERAL JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK MBE ENTERPRISES, LLC ONEOK INC OKLAHOMA NATURAL GAS PLAY BY DESIGN, INC. UNIFIRST HOLDINGS LP VERDIGRIS VALLEY ELECTRIC COOP VERIZON WIRELESS Payable Description Payment Amount CORNERSTONE- SUPPLIES $44.37 LOWES- SUPPLIES $60.38 LOWES -TOOLS $14.48 OK FACILITY- MOWING $2,850.00 WORLEYS- SUPPLIES $39.98 TREE REMOVAL $2,200.00 NATURAL GAS USAGE $42.50 BENCH REPLACEMENT $990.00 PARKS STAFF UNIFORMS $48.52 PARKS ELECTRIC $139.55 WIRELESS CONNECTION $40.01 GEN PARKS -Total $20,952.34 JPMORGAN CHASE BANK SALSBURY- PRISON BOARD $389.58 GEN POLICE COMMUNICATIONS -Total $389.58 BLUE ENERGY FUELS LLC CNG FUEL EXP AUG 22 $439.49 FLEETCOR TECHNOLOGIES FUEL EXPENSES AUG 22 $2,031.62 JPMORGAN CHASE BANK AMAZON- SUPPLIES $31.26 JPMORGAN CHASE BANK ATWOOD- SUPPLIES $79,99 JPMORGAN CHASE BANK CORNERSTONE -PARTS $19.69 JPMORGAN CHASE BANK CORNERSTONE - REPAIRS $6.26 JPMORGAN CHASE BANK FLEET -FUEL $4,177.62 JPMORGAN CHASE BANK GRAINGER- SUPPLIES $55.84 JPMORGAN CHASE BANK LOWES- REPAIRS $4.58 JPMORGAN CHASE BANK LOWES- SUPPLIES $93.84 JPMORGAN CHASE BANK NEXTCARE- MEDICAL $300.00 JPMORGAN CHASE BANK OREILLY -PARTS $34.37 JPMORGAN CHASE BANK STANDARD - REPAIRS $82415 SPIRIT LANDSCAPE MANAGEMENT LLC LAWN MAINTENANCE $683.80 UNIFIRST HOLDINGS LP UNIFORM SERVICES $108.38 VERIZON WIRELESS WIRELESS CONNECTION $80.02 GEN STORMWATER -Total $8,970,91 BLUE ENERGY FUELS LLC CNG FUEL EXP AUG 22 $75.60 ENTERPRISE FM TRUST LEASE AGREEMENT $962.36 FLEETCOR TECHNOLOGIES FUEL EXPENSES AUG 22 $68.06 JPMORGAN CHASE BANK LOCKE- REPAIR $287.15 UNIFIRST HOLDINGS LP UNIFORMS $23.60 VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN SUPPORT SERVICES -Total $1,456.78 AEP /PSO STREET LIGHTS $10.92 GENERAL -Total $10.92 4 Claims List - 09/20/2022 Fund Vendor Name Payable Description Payment Amount 01 GENERAL -Total AMBULANCE REFUND $195,721.80 20 AMBULANCE SERVICE EMS TECHNOLOGY SOLUTIONS, LLC TRAINING $650.00 FLEETCOR TECHNOLOGIES FUEL EXPENSES AUG 22 $5,449.88 JPMORGAN CHASE BANK ACE SOUTHERN - SUPPLIES $882.56 JPMORGAN CHASE BANK AMAZON- EQUIPMENT $285.20 JPMORGAN CHASE BANK BOUND TREE - SUPPLIES $2,282.18 JPMORGAN CHASE BANK CAPITAL WASTE -WASTE $339.20 JPMORGAN CHASE BANK CORNERSTONE -PARTS $1.19 JPMORGAN CHASE BANK EXCELLANCE- REPAIRS $287.26 JPMORGAN CHASE BANK FULLERTON -02 REFILLS $160.00 JPMORGAN CHASE BANK GRAINGER- REFUND ($2.48) JPMORGAN CHASE BANK HENRY SCHEIN- SUPPLIES $2,184.73 JPMORGAN CHASE BANK LIFE ASSIST- SUPPLIES $2,131.37 JPMORGAN CHASE BANK LODGING EXP 10/11 -15 $499.94 JPMORGAN CHASE BANK MEDLINE- SUPPLIES $309.38 JPMORGAN CHASE BANK TELEFLEX- SUPPLIES $1,330.00 JPMORGAN CHASE BANK TTC- SCHOOL $735.00 JPMORGAN CHASE BANK ZOLL- SUPPLIES $533.55 VERIZON WIRELESS WIRELESS CONNECTION $40.01 AMBULANCE -Total $11,35310 $18,098.97 EILEEN SEEFLUTH AMBULANCE REFUND $100.00 JUDY FORD AMBULANCE REFUND $530.00 MARTHA LOONEY AMBULANCE REFUND $1,555.00 AMBULANCE SERVICE -Total $2,185.00 AMBULANCE SERVICE -Total $20,283.97 21 E -911 COX COMMUNICATIONS TI CIRCUITS AT RADIO TOWE $229.00 DEPARTMENT OF PUBLIC SAFETY OLETS $515.00 INCOG E911 CHARGES SEPT22 $8,720.05 JPMORGAN CHASE BANK STAPLES - SUPPLIES $129.03 VERIZON WIRELESS WIRELESS CONNECTION $40.01 E911 COMMUNICATIONS -Total $9,633.09 E -911 -Total $9,633.09 27 STORMWATER MANAGEMENT MESHEK & ASSOCIATES, P.L.C. GARNETT IMPROVEMENTS $2,786.19 GARNETT CULVERT IMPROV -Total $2,786.19 MESHEK & ASSOCIATES, P.L.C. ENGINEERING SERVICES - $11,353.10 NO NOTTINGHAM DRAINAGE IMPRO -Total $11,35310 JPMORGAN CHASE BANK ACADEMY- UNIFORM $11,94 JPMORGAN CHASE BANK AMAZON - EQUIPMENT $109.50 JPMORGAN CHASE BANK CORE &MAIN - SUPPLIES $110.09 5 Claims List - 09/20/2022 Fund Vendor Name Payable Description Payment Amount 27 STORMWATER MANAGEMENT JPMORGAN CHASE BANK DELL - EQUIPMENT $487,18 JPMORGAN CHASE BANK TULSA GRASS -SOD $560.00 JPMORGAN CHASE BANK WARREN CAT- RENTAL $2,847.78 MESHEK & ASSOCIATES, P.L.C. ENGINEERING SERVICES $726.25 SOURCEONE MANAGEMENT SERVICES INC LAWN MAINTENANCE $10,435.30 TULSA AREA CONSERVATION FOUNDATION OKR10 TRAINING 9114 $688.50 UNIFIRST HOLDINGS LP UNIFORM SERVICES $11.56 UNITED STATES CELLULAR CORPORATION PW CELL PHONES $37.73 VERIZON WIRELESS WIRELESS CONNECTION $40.05 STORMWATER-STORMWATER -Total $16,065.88 STORMWATER MANAGEMENT -Total $30,205.17 28 FEDERAL GRANTS CROSSLAND HEAVY CONTRACTORS 116 /GARNETT INTERSECT $735,780.96 JPMORGAN CHASE BANK CORNERSTONE - REPAIR $5.68 GARNETT 1116TH INTERS IMPR - Total $735,786.64 FEDERAL GRANTS -Total $735,786.64 37 SALES TAX FIRE AT &T PHONE SERVICE $3.23 BTM WIRELESS INC 2 RADIO REPAIRS - FO & PD $73.50 CITY OF OWASSO WATER SERVICE $126.00 FLEETCOR TECHNOLOGIES FUEL EXPENSES AUG 22 $5,081.14 JPMORGAN CHASE BANK ADVANCE - SUPPLIES $98.48 JPMORGAN CHASE BANK AMAZON- SUPPLIES $21,77 JPMORGAN CHASE BANK CONRAD FIRE - REPAIRS $242.85 JPMORGAN CHASE BANK CONRAD FIRE - SUPPLIES $113.24 JPMORGAN CHASE BANK CORNERSTONE -PARTS $16.52 JPMORGAN CHASE BANK CORNERSTONE -TOOLS $25.97 JPMORGAN CHASE BANK DANNER- REFUND ($440.00) JPMORGAN CHASE BANK FIRE SERVICE - SUPPLIES $320.00 JPMORGAN CHASE BANK FLEET -FUEL $224.47 JPMORGAN CHASE BANK FMAO- CONFERENCE $150.00 JPMORGAN CHASE BANK GEAR WASH- REPAIRS $688.30 JPMORGAN CHASE BANK GREEN COUNT - TRAINING $50.00 JPMORGAN CHASE BANK HOLT TRUCK -PARTS $49.32 JPMORGAN CHASE BANK LODGING EXP 08123 -26 $3,273.66 JPMORGAN CHASE BANK LODGING EXP 8/30 -9/2 $669.00 JPMORGAN CHASE BANK LOWES- EQUIPMENT $33.48 JPMORGAN CHASE BANK LOWES- SUPPLIES $19.46 JPMORGAN CHASE BANK MEETING EXP 09105 $15.68 JPMORGAN CHASE BANK NAFECO - UNIFORM $1,143.88 JPMORGAN CHASE BANK OREILLY- SUPPLIES $29.90 JPMORGAN CHASE BANK PAYPAL -FEES $200.00 JPMORGAN CHASE BANK PIKEPASS -FEES $13.95 2 Claims List - 09/20/2022 Fund Vendor Name Payable Description Payment Amount 37 SALES TAX FIRE JPMORGAN CHASE BANK ROBINSON - REPLACE $311.00 JPMORGAN CHASE BANK STANDARD -TOOLS $82.77 JPMORGAN CHASE BANK SUMNER- SERVICE $160.27 JPMORGAN CHASE BANK TRAVEL EXP 08/24 -29 $772.37 JPMORGAN CHASE BANK TRAVEL EXP 8/23 -26 $19.97 JPMORGAN CHASE BANK TRAVEL EXP 8/30 -9/2 $126.64 JPMORGAN CHASE BANK WALMART- SUPPLIES $356.46 KERRI K DAVENPORT TOOLS $1,698.00 KUSSMAUL ELECTRONICS LLC AUTO EJECT $684.10 ONEOK INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $1,103.31 VERIZON WIRELESS WIRELESS CONNECTION $1,069.22 SALES TAX FUND -FIRE -Total $18,627.91 SALES TAX FIRE -Total $18,627.91 38 SALES TAX POLICE AT &T PHONE SERVICE $9,70 BTM WIRELESS INC 2 RADIO REPAIRS - FD & PD $550.90 CITY OF OWASSO WATER SERVICE $38.50 ENTERPRISE FM TRUST LEASE AGREEMENT $1,653.46 FAMILY ANIMAL MEDICINE PLLC K9 MEDICAL $923.66 FLEETCOR TECHNOLOGIES FUEL EXPENSES AUG 22 $17,075.27 GT DISTRIBUTORS INC FIREARMS SUPPLIES $2,774.22 JPMORGAN CHASE BANK ACADEMY - EQUIPMENT $164.99 JPMORGAN CHASE BANK ACADEMY - SUPPLIES $199.80 JPMORGAN CHASE BANK AMAZON - SUPPLIES $428.O6 JPMORGAN CHASE BANK AT YOUR SVC- RENTAL $138.00 JPMORGAN CHASE BANK AXON - EQUIPMENT $2,337.00 JPMORGAN CHASE BANK BROWNELLS -TOOLS $76.95 JPMORGAN CHASE BANK CORNERSTONE- SUPPLIES $14.77 JPMORGAN CHASE BANK LESS LETHAL- MUNITION $1,337.00 JPMORGAN CHASE BANK MEETING EXP 08/26 $51.98 JPMORGAN CHASE BANK MTM RECOG- UNIFORM $375.00 JPMORGAN CHASE BANK NATION HONOR - TRAINING $550.00 JPMORGAN CHASE BANK OREILLY -PARTS $226.50 JPMORGAN CHASE BANK P &K- EQUIPMENT $1,710.00 JPMORGAN CHASE BANK PAYPAL - SUPPLIES $1,650.00 JPMORGAN CHASE BANK SAMS- SUPPLIES $193.35 JPMORGAN CHASE BANK STAPLES - SUPPLIES $129.03 JPMORGAN CHASE BANK SUMNER - RENTAL $108.23 JPMORGAN CHASE BANK THOMSON WEST - ACCESS $454.27 JPMORGAN CHASE BANK TROPHY & PLAQUE -AWARD $49.00 JPMORGAN CHASE BANK WALMART -PARTS $37.94 JPMORGAN CHASE BANK WALMART- SUPPLIES $49.84 7 Claims List - 09/20/2022 Fund Vendor Name Payable Description Payment Amount 38 SALES TAX POLICE JPMORGAN CHASE BANK WATERSTONE- UNIFORM $1,340.72 KING DAVIS ARCHITECTS RANGE PROJECT $4,325.00 LENOX WRECKER SERVICE INC TOWING SERVICE $149.00 ONEOK INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $676.33 OWASSO FOP LODGE #149 POLICE DEPT LEGAL DEFENSE $210.00 PRECISION DELTA CORPORATION FIREARMS SUPPLIES $13,265.00 TOWN OF TALALA MEDIC TRAINING $300.00 UNITED TACTICAL SYSTEMS TRAINING TRUJILLO $495.00 VERIZON WIRELESS WIRELESS CONNECTION $2,280.92 SALES TAX FUND - POLICE • Total $56,349.39 SALES TAX POLICE -Total $56,349.39 39 SALES TAX STREETS AEP IPSO STREET LIGHTS $8,211.33 BLUE ENERGY FUELS LLC CNG FUEL EXP AUG 22 $325.97 FLEETCOR TECHNOLOGIES FUEL EXPENSES AUG 22 $2,053.39 HUTCHINSON SALT CO ROAD SALT $5,362.50 JPMORGAN CHASE BANK AMAZON - SUPPLIES $31.28 JPMORGAN CHASE BANK EPOCH TOOLS - REPAIRS $89.99 JPMORGAN CHASE BANK EPOCH TOOLS -TOOLS $179.99 JPMORGAN CHASE BANK EQUIPMENT ONE -PARTS $94.24 JPMORGAN CHASE BANK FASTENAL -PARTS $77,41 JPMORGAN CHASE BANK FLEET -FUEL $4,177.65 JPMORGAN CHASE BANK GRAINGER- SUPPLIES $55.84 JPMORGAN CHASE BANK J &A- SUPPLIES $600.00 JPMORGAN CHASE BANK LOWES -PARTS $173.32 JPMORGAN CHASE BANK LOWES- REFUND ($90.54) JPMORGAN CHASE BANK LOWES- SUPPLIES $83.69 JPMORGAN CHASE BANK PIKEPASS -FEES $12.29 JPMORGAN CHASE BANK RED WING- UNIFORM $161.99 JPMORGAN CHASE BANK REIMBURSE CHARGE $50.00 JPMORGAN CHASE BANK SOUTHWESTERN - TRAINING $935.00 JPMORGAN CHASE BANK WELSCO - RENTALS $49.64 PINKLEY SALES REPLACE CABINET FANS $271.19 PINKLEYSALES REPLACEINVERTER $1,898.00 SIGNALTEK INC AUG MAINT AGREEMENT $1,465.00 SIGNALTEK INC JULY 2022 MAINT AGRMT $1,435.00 SIGNALTEK INC JUNE SERVICE CALLS $71.50 SIGNALTEK INC SIGNAL HEAD $596.90 TULSA COUNTY CLERK TULSA COUNTY FILINGS $26.00 TULSA COUNTY HIGHWAY CONSTRUCTION SIGNAGE AND STRIPING $458.00 UNIFIRST HOLDINGS LP UNIFORM SERVICES $209.22 VERDIGRIS VALLEY ELECTRIC COOP 116/129 TRAFFIC SIGN $72.67 0 Fund Claims List - 09/20/2022 Vendor Name 39 SALES TAX STREETS VERDIGRIS VALLEY ELECTRIC COOP VERDIGRIS VALLEY ELECTRIC COOP VERIZON WIRELESS Payable Description Payment Amount CHAMPION STREET LIGHT $70.79 SECURITY LIGHT $5.60 WIRELESS CONNECTION $120.03 SALES TAX FUND-STREETS -Total $29,334.88 SALES TAX STREETS -Total $29,334.88 40 CAPITAL IMPROVEMENTS CROSSLAND HEAVY CONTRACTORS 116TH WIDENING $353,023.37 116TH - GARNETT RD TO 129TH - Total $353,023.37 MAGNUM CONSTRUCTION FUN ISLAND RENO $3,959.00 CIP FUNTASTIC SPLASH PAD -Total $3,959.00 JPMORGAN CHASE BANK ULTIMATE VEH- REFUND ($1,130.22) CIP POLICE VEHICLES -Total ($1,130.22) CAPITAL IMPROVEMENTS -Total $355,852.15 70 CITY GARAGE FLEETCOR TECHNOLOGIES FUEL EXPENSES AUG 22 $52.65 JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK ONEOK INC OKLAHOMA NATURAL GAS UNIFIRST HOLDINGS LP EBAY -PARTS $82.25 GRAINGER -PARTS $133.50 HESSELBEIN -TIRES $1,667.68 HOSES2U- REPAIR $63.22 JIM GLOVER -PARTS $1,363.50 LENOX- TOWING $510.00 NEXTCARE- MEDICAL $200.00 QUIKSERVICE- EQUIPMENT $710.40 NATURAL GAS USAGE $161.14 UNIFORMS $69.72 CITY GARAGE -Total $5,014.06 CITY GARAGE -Total $5,014.06 76 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS $5,092.02 SAS, LLC SELECT ACTUARIAL SERVICE WORKERS COMP STUDY $4,000.00 UNITED SAFETY & CLAIMS INC UNITED SAFETY CLAIMS $1,658.33 WORKERS' COMP SELF -INS -Total $10,750.35 WORKERS' COMP SELF -INS -Total $10,750.35 77 GENERAL LIABILITY - PROPERT HECTOR A GARCIA OR KAIVY K M ALI TORT CLAIM $1,078.39 GEN LIAB -PROP SELF INS -Total $1,078.39 GENERAL LIABILITY- PROPERT - Total $1,078.39 City Grand Total $1,468,637.80 TO: The Honorable Mayor and City Council FROM: Larry White Director, Support Services SUBJECT: Motorola Service Agreement DATE: September 16, 2022 The City of Owasso's radio system was upgraded by Motorola in the last quarter of 2015. This upgrade included new infrastructure at the radio tower site and dispatch facility, and included replacement of all the subscriber units in the field. The contract included a warranty period, system upgrade agreements, and service agreements. The Astro System Essential Service Agreement for the dispatch facility was included for a three - year period from the date of acceptance. This Service Agreement provided for onsite system support, preventive maintenance, repair and return service, security update service, technical support, and an advance exchange program providing immediate replacement for a malfunctioning unit. This Service Agreement has been renewed each year following the end of the initial three -year period. The current Service Agreement ended in August, 2022. The proposed renewal Service Agreement which begins September 1, 2022, continues coverage of these services for the dispatch facility and includes the addition of network security monitoring. This is now referenced as the Astro System Advanced Plus Package. FUNDING: The FY 2023 E -911 budget includes funding for renewal of the Service Agreement covering the period September 1, 2022, through August 31, 2023, in the amount of $31,816.20. RECOMMENDATION: Staff recommends renewal of the Service Agreement with Motorola Solutions of Chicago, Illinois, in the amount of $31,816.20, and authorization to execute the agreement. ATTACHMENT: Service Agreement Service Terms and Conditions Motorola Solutions Inc. ( "Motorola ") and the customer named in this Agreement ( "Customer") hereby agree as follows Section 1. APPLICABILITY These Maintenance Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer either (1) maintenance, support, or other services under a Motorola Service Agreement, or (2) installation services under a Motorola Installation Agreement. Section 2. DEFINITIONS AND INTERPRETATION 2.1. "Agreement" means these Maintenance Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Maintenance Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the cover page or attachment states otherwise. 2.2. "Equipment" means the equipment that is specified in the attachments or is subsequently added to this Agreement. 2.3. "Services" means those installation, maintenance, support, training, and other services described in this Agreement Section 3. ACCEPTANCE Customer accepts these Maintenance Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The term of this Agreement begins on the "Start Date" indicated in this Agreement. Section 4. SCOPE OF SERVICES 4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement. At Customer's request, Motorola may also provide additional services at Motorola's then - applicable rates for the services. 4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are prescribed by Motorola will be followed. 4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for that additional equipment expires. 4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for this Equipment will terminate at the end of the month in which Motorola receives the written notice. 4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 4.6. If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or increase the price to Service that Equipment. 4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this Agreement. Section 5. EXCLUDED SERVICES 51. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; Revised Oct 9, 2021 excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events 5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web, or for Equipment malfunction caused by the transmission medium. Section 6. TIME AND PLACE OF SERVICE Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer's location, Customer will provide Motorola, at no charge, a non - hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for those charges and expenses. Section 7. CUSTOMER CONTACT Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available twenty -four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer's personnel to maintain contact, as needed, with Motorola. Section 8. INVOICING AND PAYMENT 8.1 Customer affirms that a purchase order or notice to proceed is not required for the duration of this service contract and will appropriate funds each year through the contract end date. Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date. 8.2 Customer will reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments that are levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity. The Customer will pay all invoices as received from Motorola. At the time of execution of this Agreement, the Customer will provide all necessary reference information to include on invoices for payment in accordance with this Agreement. 8.3 For multi -year service agreements, at the end of the first year of the Agreement and each year thereafter, a CPI percentage change calculation shall be performed using the U.S.Department of Labor, Consumer Price Index, all Items, Unadjusted Urban Areas (CPI -U). Should the annual inflation rate increase greater than 3% during the previous year, Motorola shall have the right to increase all future maintenance prices by the CPI increase amount exceeding 3 %. All items, not seasonally adjusted shall be used as the measure of CPI for this price adjustment. Measurement will take place once the annual average for the New Year has been posted by the Bureau of Labor Statistics. For purposes of illustration, if in year 5 the CPI reported an increase of 8 %, Motorola may increase the Year 6 price by 5% (8 % -3% base) Section 9. WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customer's sole remedy is to require Motorola to re- perform the non - conforming Service or to refund, on a pro -rata basis, the fees paid for the non - conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10. DEFAULT/TERMINATION 10.1. If either party defaults in the performance of this Agreement, the other party will give to the non - performing party a written and detailed notice of the default. The non - performing party will have thirty (30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non - performing party fails to provide or implement the cure plan, then the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of Revised Oct 9, 2021 termination to the defaulting party 10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services. 10.3 If the Customer terminates this Agreement before the end of the Term, for any reason other than Motorola default, then the Customerwill pay to Motorola an early termination fee equal to the discount applied to the last three (3) years of Service payments for the original Term. Section 11. LIMITATION OF LIABILITY Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an open account. This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. Section 12. EXCLUSIVE TERMS AND CONDITIONS 12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement will not affect its applicability. In no event will either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: the purchase order, acknowledgement, or other writing specifically refers to this Agreement; clearly indicate the intention of both parties to override and modify this Agreement; and the purchase order, acknowledgement, or other writing is signed by authorized representatives of both parties. Section 13. PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola's property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission or as required by law, any confidential information or data to any person, or use confidential information or data for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section survive the expiration or termination of this Agreement. 13.2. Unless otherwise agreed in writing, no commercial or technical information disclosed in any manner or at anytime by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data. 13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property, including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. Section 14. FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters. Section 15. COVENANT NOT TO EMPLOY Revised Oct 9, 2021 During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law. Section 16. MATERIALS, TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer's custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request. Th is property will be held by Customer for Motorola's use without charge and may be removed from Customer's premises by Motorola at any time without restriction. Section 17. GENERAL TERMS 17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect. 17.2. This Agreement and the rights and duties of the parties will be interpreted in accordance with the laws of the State in which the Services are performed. 17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. 17.4. Neither party is liable for delays or lack of performance resulting from any causes that are beyond that party's reasonable control, such as strikes, material shortages, or acts of God. 17.5. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement. 17.6. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses (each a "Separated Business "), whether by way of a sale, establishment of a joint venture, spin -off or otherwise (each a "Separation Event "), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the Separation Event. 17.7. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates. 17.8. If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those services on a time and materials basis at Motorola's then effective hourly rates. 17.9 This Agreement may be executed in one or more counterparts, all of which shall be considered part of the Agreement. The parties may execute this Agreement in writing, or by electronic signature, and any such electronic signature shall have the same legal effect as a handwritten signature for the purposes of validity, enforceability and admissibility. In addition, an electronic signature, a true and correct facsimile copy or computer image of this Agreement shall be treated as and shall have the same effect as an original signed copy of this document. Revised Oct 9, 2021 Cybersecurity Online Terms Acknowledgement This Cybersecurity Online Terms Acknowledgement (this "Acknowledgement ") is entered into between Motorola Solutions, Inc. ( "Motorola ") and the entity set forth in the signature block below ( "Customer "). 1. Applicability and Self Deletion. This Cybersecurity Online Terms Acknowledgement applies to the extent cybersecurity products and services, including Remote Security Update Service, Security Update Service, and Managed Detection & Response subscription services, are purchased by or otherwise provided to Customer, including through bundled or integrated offerings or otherwise. NOTE: This Acknowledgement is self deleting if not applicable under this Section 1. 2. Online Terms Acknowledgement. The Parties acknowledge and agree that the terms of the Cyber Subscription Renewals and Integrations Addendum available at httl3:// www .motorolasolutions.com /cyber- renewals - integrations are incorporated in and form part of the Parties' agreement as it relates to any cybersecurity products or services sold or provided to Customer. By signing the signature block below, Customer certifies that it has read and agrees to the provisions set forth and linked on -line in this Acknowledgement. To the extent Customer is unable to access the above referenced online terms for any reason, Customer may request a paper copy from Motorola. The signatory to this Acknowledgement represents and warrants that he or she has the requisite authority to bind Customer to this Acknowledgement and referenced online terms. 3. Entire Agreement. This Acknowledgement supplements any and all applicable and existing agreements and supersedes any contrary terms as it relates to Customer's purchase of cybersecurity products and services. This Acknowledgement and referenced terms constitute the entire agreement of the parties regarding the subject matter hereof and as set out in the referenced terms, and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to this subject matter. 4. Execution and Amendments. This Acknowledgement may be executed in multiple counterparts, and will have the same legal force and effect as if the Parties had executed it as a single document. The Parties may sign in writing or by electronic signature. An electronic signature, facsimile copy, or computer image of a signature, will be treated, and will have the same effect as an original signature, and will have the same effect, as an original signed copy of this document. This Acknowledgement may be amended or modified only by a written instrument signed by authorized representatives of both Parties. The Parties hereby enter into this Acknowledgement as of the last signature date below. Motorola Solutions, Inc. Customer: City of Owasso By: M Name: Walter Leslie Name: Title: Customer Support Manager Title: Date: Revised Oct 9, 2021 Date: The City of Omsso September 1, 2022 SECTION 7 ADVANCED PLUS SERVICES 1.1 OVERVIEW Motorola Solutions is proposing our Advanced Plus Services for ASTROO 25 infrastructure, a comprehensive program to sustain the long -term performance of The City of Owasso's network. Advanced Plus Services consists of the following elements: • Network Event Monitoring. • Remote Technical Support. • Network Hardware Repair. • Network Hardware Repair with Advanced Replacement. • Remote Security Update Service (RSUS). • On -site Infrastructure Response. • Annual Preventive Maintenance, • Network Updates. Together, these elements will help to avoid operational disruptions and maintain the value of The City of Owasso's communications investment. 1.2 ADVANCED PLUS SERVICES ELEMENT DESCRIPTIONS The following sections describe the elements proposed for The City of Owasso's ASTRO 25 infrastructure. 1.2.1 Network Event Monitoring Motorola Solutions will continuously monitor The City of Owasso's ASTRO 25 network to detect potential issues or communications outages, maximizing network uptime. Motorola Solutions assesses each alert with advanced event detection and correlation algorithms to determine how to respond. Potential responses include remote restoration or dispatching a local field technician to resolve the incident on -site. 1.2.2 Remote Technical Support Motorola Solutions' Centralized Managed Support Operations (CMSO) will provide Remote Technical Support for infrastructure issues that require specific technical expertise. Experienced technical support specialists will be available to consult with The City of Owasso to help diagnose, troubleshoot, and resolve infrastructure issues. Service Desk maintenance procedures and incident resolution techniques are based on ISO 9001 and TL 9000 standards. 1.2.3 Network Hardware Repair To restore The City of Owasso's ASTRO 25 network components if they malfunction, Motorola Solutions will repair Motorola Solutions - provided infrastructure equipment. This includes USC000090569 R03- MAY -22 08:04:38 0 Motorola Solutions Confidential Restricted Advanced Plus Services 1 -1 The City of Owasso September 1, 2022 select third -party infrastructure equipment supplied by Motorola Solutions. Motorola Solutions will ship and return repaired equipment, and will coordinate the repair of third -party solution components. 1.2.4 Network Hardware Repair with Advanced Replacement To restore The City of Owasso's ASTRO 25 network components if they malfunction, Motorola Solutions will repair Motorola Solutions - provided infrastructure equipment. This includes select third -party infrastructure equipment supplied by Motorola Solutions. Motorola Solutions will ship and return repaired equipment, and will coordinate the repair of third -party solution components. To reduce the impact of a malfunction, Motorola Solutions will exchange malfunctioning equipment with Advanced Replacement units or Field Replacement Units (FRU), as available. Motorola Solutions' repair depot will diagnose and repair malfunctioning components, and once repaired, add those to the depot's FRU inventory. Replacement components will remain in The City of Owasso's ASTRO 25 network to maintain continued network functionality. If The City of Owasso prefers to maintain their existing FRU inventory rather than using Motorola Solutions' depot inventory, Motorola Solutions can provide "loaner" FRUs during the repair process. 1.2.5 Remote Security Update Service Commercial security software updates are often designed without consideration for specialized systems like radio communications networks. These updates may inadvertently disrupt ASTRO 25 network operations and functionality. To minimize cyber risks and software conflicts, Motorola Solutions provides the Remote Security Update Service (RSUS). With this service, Motorola Solutions deploys antivirus and operating system security updates on an ASTRO 25 network in a dedicated information assurance lab to test and validate them for use with ASTRO 25 networks. Motorola Solutions tests whether applying these security updates degrades network service. If an update degrades performance, Motorola Solutions searches for a solution or workaround to address the issue before releasing that update. With RSUS, Motorola Solutions will remotely install tested updates on The City of Owasso's ASTRO 25 network. If there are any recommended configuration changes, warnings, or workarounds, Motorola Solutions will provide detailed documentation on a secured extranet website. 1,2.6 On -site Infrastructure Response Motorola Solutions will provide repair service from trained and qualified technicians. Once dispatched, technicians will travel to The City of Owasso's ASTRO 25 network location to diagnose issues and restore functionality. These technicians will run diagnostics on hardware to identify defective components, and repair or replace them as appropriate. Infrastructure Response times are based on a given issue's impact on overall system function. USC000090569 R03- MAY -22 08:04:38 0 Motorola Solutions Confidential Restricted Advanced Plus Services 1 -2 The City of Owasso September 1, 2022 1.2.7 Annual Preventive Maintenance Motorola Solutions will annually test and service network components. Qualified field technicians will perform routine hands -on examination and diagnostics of network equipment to keep them operating according to original manufacturer specifications. 1.2.8 Network Updates The Network Updates service provides public safety radio system release updates on a consistent, budgeted plan. These updates maintain reliable network operations and cybersecurity protection. In addition, Network Updates keeps The City of Owasso's ASTRO 25 network compatible with expansion elements, as well as new products or features. With Network Updates, The City of Owasso's network will remain on a release that qualifies for support services. Motorola Solutions will deliver updates based on a predefined cadence of upgrade windows, with up to one update in each window. The Network Updates service includes the following: • Software Release Updates - Motorola Solutions - certified software that improves network functions over previous releases. This also includes commercial operating system and application software updates. • Hardware Update — When needed to support a software release update, Motorola Solutions provides new hardware. New hardware will both support the new software update, as well as maintain existing functions and features. • Professional Implementation Services — Motorola Solutions will plan and implement updates at The City of Owasso's site. This includes factory integration, testing, and supply chain management for new software and hardware. With these services, The City of Owasso will have access to the technology, support, and planning expertise needed for an effective upgrade. 1.3 MOTOROLA SOLUTIONS SERVICE DELIVERY ECOSYSTEM Advanced Plus Services are delivered through a tailored combination of field service personnel, centralized teams, product repair depots, and MyView Portal. These service resources will collaborate to swiftly analyze network issues, accurately diagnose root causes, and efficiently resolve issues to return the network to normal operation. Motorola Solutions services will be delivered by staff experienced in servicing mission- critical networks. Motorola Solutions uses the Information Technology Infrastructure Library (ITIL) framework to define service tasks based on industry- recognized best practices. As staff perform tasks, service incident information will be available to The City of Owasso's administrators and personnel through MyView Portal. Service activities and Motorola Solutions' service team are described in more detail below. 1.3.1 Centralized Managed Support Operations The cornerstone of Motorola Solutions' support process is the Centralized Managed Support Operations (CMSO) organization. This TL 9000/ISO 9001 - certified organization is staffed 24x7x365 by experienced service desk specialists, security analysts, and operations managers. The CMSO houses critical central functions, including the Service Desk. PbYH.UpI +I'LbTi -7 Y.k�d�lt \BY ;rFROE1RI:'. 0 Motorola Solutions Confidential Restricted Advanced Plus Services 1 -3 The City of Owasso September 1, 2022 The CMSO Service Desk will serve as a single point of contact for services. It processes service requests, service incidents, change requests, and dispatching. The Service Desk communicates necessary information to stakeholders, bridging communications among The City of Owasso, Motorola Solutions, and third -party subcontractors. Service Desk teams record, track, and update incidents through the Motorola Solutions Customer Relationship Management (CRM) system. They document and respond to inquiries, requests, concerns, and service tickets. When an incident is initiated, the CMSO will engage with teams to resolve that incident. The CMSO will escalate to new teams when needed. Depending on the incident, the CMSO will coordinate incident resolution with local field service and authorized repair depots. 1.3.2 Field Service Motorola Solutions authorized and qualified field service technicians will perform the On -site Infrastructure Response service, repair malfunctioning hardware in the field, and conduct preventive maintenance tasks. These technicians will coordinate with the Service Desk, technical support teams, and product engineering as needed to resolve incidents. 1.3.3 Repair Depot The Motorola Solutions Repair Depot will provide The City of Owasso with a central repair location. This will eliminate the need to send network equipment to multiple vendor locations for repair. Motorola Solutions tracks products sent to the Depot via a case management system throughout the repair process. This system will enable The City of Owasso's representatives to check repair status, from inbound shipment to return. 1.3.4 Customer Support Manager A Motorola Solutions Customer Support Manager (CSM) will be The City of Owasso's key point of contact for the definition and administration of services. The CSM will work with The City of Owasso to define service delivery details to address The City of Owasso's specific priorities. 1.3.5 MyView Portal To provide The City of Owasso with quick access to service details, Motorola Solutions will provide our MyView Portal online network information tool. MyView Portal provides our customers with real -time critical network and services information through an easy -to -use graphical interface. USC000090569 R03 -MAY -22 08:04:38 0 Motorcla Solutions Confidential Restricted Advanced Plus Services 1A The City of Owasso September 1, 2022 Figure 1 -1: MyView Portal offers real -time, role -based access to critical network and services information. With MyView Portal, The City of Owasso's administrators will be able to monitor system health and maintenance updates. Capabilities include: • Viewing network and support compliance. • Viewing incident reports. • Updating and creating incidents. • Checking system update status. • Receiving pro- active notifications regarding updates. Available 24x7x365 from any web - enabled device, the information provided by MyView will be based on your needs and user access permissions, ensuring that the information displayed is secure and pertinent to your operations. USC000090569 R03 -MAY -22 08:04:38 ® Motorola Solutions Confidential Restricted Advanced Plus Services 1-5 The City of Owasso September 1, 2022 SECTION 2 SYSTEM UPGRADE AGREEMENT II The System Upgrade Agreement II (SUA II) service provides public safety radio. system release updates on a consistent, budgeted plan. These updates maintain reliable network operations and cybersecurity protection. In addition, SUA II keeps The City of Owasso's ASTRO 25 network compatible with expansion elements, as well as new products or features. With SUA II, The City of Owasso's network will remain on a release that qualifies for support services. Motorola Solutions will deliver SUA II in two -year periods, with up to one update in each period. The SUA II service includes the following: Software Release Updates - Motorola Solutions - certified software that improves network functions over previous releases. This also includes commercial operating system and application software updates. Hardware Update When needed to support a software release update, Motorola Solutions provides new hardware. New hardware will both support the new software update, as well as maintain existing functions and features. Professional Implementation Services Motorola Solutions will plan and implement updates at The City of Owasso's site. This includes factory integration, testing, and supply chain management for new software and hardware. With these services, The City of Owasso will have access to the technology, support, and planning expertise needed for an effective upgrade. USC000090569 R03 -MAY -22 08:04:38 ® Motorola Solutions Confidential Restricted Advanced Plus services 1-6 TO: The Honorable Mayor and City Council FROM: Julie Trout Lombardi City Attorney SUBJECT: Proposed Renewal of Contract with Youth Services of Tulsa, Inc. for Management and Operation of the Owasso Youth Court DATE: September 16, 2022 BACKGROUND: The City of Owasso began contracting with Youth Services, Inc., in 2008 for implementation and operation of the Owasso Youth Court and the City Council has approved annual renewals of the contract since that time. The current contract will expire on September 30, 2022. The contract provides that Youth Services will employ its specialized knowledge, skill and experience with trained personnel to administer and oversee a youth court in Owasso. Fulfillment of this goal requires recruitment and training by Youth Services of both attorney advisors and teen volunteers within the Owasso community. In addition, Youth Services employs a full -time coordinator based in Owasso to manage the Youth Court and provides counseling services as needed and used by both the Municipal and Youth Courts. Youth Services assumes all responsibility for the Youth Court's scheduling, documentation and administrative operations and is required to work closely with the Owasso Municipal Court and related staff to effectuate these duties. From August 1, 2021, through August 31, 2022, the Owasso Youth Court adjudicated numerous cases. The Youth Court currently has several attorney advisors and numerous youth volunteers. Regular dockets, with appropriate health and safety measures, are scheduled to begin in late September. All aspects of the Youth Court, including prosecution, defense and sentencing of the youth offenders, continue to be conducted solely by teen volunteers from Owasso who receive numerous hours of instruction and training prior to participation in court proceedings. Compensation for Youth Services in the proposed contract is $49,500 for 2022 -2023 which is payable in twelve equal monthly payments beginning on October 1, 2022. The proposed compensation is unchanged from the previous year. If renewed, the new contract will be effective as of October 1, 2022, and will terminate on September 30, 2023. This item was included in the approved Fiscal Year 2023 budget. Based upon the Owasso Youth Court program's success and achievements in past years of operation, staff recommends renewal of the contract for an additional year. RECOMMENDATION: Staff recommends approval of the contract with Youth Services of Tulsa, Inc., in the amount of $49,500 for 2022 -2023, and further recommends authorization be given to the City Manager to execute the contract as well as any additional documentation required. ATTACHMENT: Proposed contract with Youth Services, Inc. for 2022 -2023 AGREEMENT BETWEEN THE CITY OF OWASSO AND YOUTH SERVICES OF TULSA, INC. FOR THE MANAGEMENT AND OPERATION OF THE OWASSO YOUTH COURT The City of Owasso, Oklahoma (hereinafter referred to as "City ") and Youth Services of Tulsa, Inc. (hereinafter referred to as "Youth Services ") agree as follows: The City determined in 2008 that there was a need to provide an alternative to prosecution for first time, non - violent and non - felony juvenile offenders who have committed offenses which would normally be heard in the City of Owasso's Municipal Court. The City recognizes that Youth Services has significant experience implementing and facilitating alternative venues known as Youth Courts within Tulsa County, and that Youth Services is comprised of knowledgeable people having many years experience in this field who are able to operate a Youth Court. Based upon the need faced by the City of Owasso to provide prosecution alternatives to traditional sentencing of juveniles in the municipal court setting, and upon the expertise and ability of Youth Services to establish and operate youth courts, the City and Youth Services hereby agree to mutually execute a contract to continue funding and operation of a juvenile court program. The Owasso Youth Court will be conducted by youth peers who have successfully completed the mandatory training program conducted by Youth Services. All aspects of the Owasso Youth Court shall be conducted by volunteer youth including prosecution, defense and sentencing. The terms of this Agreement shall be effective as of October 1, 2022, and shall expire on September 30, 2023. This Agreement shall not renew automatically. The City shall pay Youth Services forty -nine thousand, five hundred dollars ($49,500) as total compensation for operation of a Youth Court for one (1) year, including the employment of a full -time coordinator who will oversee and manage the daily operations of the Owasso Youth Court. The total sum of compensation shall be paid to Youth Services in twelve (12) equal monthly payments. Youth Services shall employ personnel with the necessary degree of knowledge, experience, training and credentials to facilitate and operate the Youth Court, and shall at all times during the pendency of this Agreement employ at least one (1) person to serve as a full -time coordinator to supervise, direct and oversee the Owasso Youth Court and serve as a liaison between the City and Youth Services. As partial compensation for this Agreement, the City shall provide two (2) office spaces in the Old Central Building for the full -time coordinator of the Owasso Youth Court and a counselor. Youth Services shall fully train all youth peers who make application and are selected by Youth Services to participate as youth volunteers in the Youth Court program. Youth Services will work with the Owasso schools to recruit youth desiring to serve in the program and will be responsible for providing the required training before youth volunteers may serve in any official capacity within the program. Youth Services will also work with the City to obtain a list of attorneys who might be willing to serve as attorney advisors to the Youth Court program, and shall take all other actions necessary to ensure that each Youth Court session shall have an attorney advisor present. Youth Services shall be an independent contractor under this Agreement. This Agreement shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association between the City and Youth Services or its officers, employees, contractors or representatives for any purpose. Youth Services shall bear the sole responsibility and liability for furnishing Workers' Compensation benefits to any employee (other than staff members of the City of Owasso) or other person for injuries from or connected with services performed pursuant to this Agreement. As partial consideration for this Agreement, Youth Services agrees to indemnify, defend (at the City's option), and hold harmless the City, its employees, officials, agents, representatives and volunteers from and against any and all liabilities, damages, injuries (excluding death), property damage (including loss of use), claims, liens, judgments, costs, expenses, suits, actions, or proceedings and reasonable attorney's fees, and actual damages of any kind or nature, arising out of or in connection with any of the acts, omissions, negligence or willful misconduct of Youth Services, its employees, agents, officers, contractors, or their performance or failure to perform under the terms and conditions of this Agreement. Such indemnification, hold harmless and defense obligation shall exclude only such liability actions as arise directly out of the sole negligence or willful misconduct of the City and in accordance with the terms, conditions and exceptions contained in the Governmental Tort Claims Act. The indemnification and defense obligations set forth herein shall survive the termination of this Agreement Without limiting the City's right to indemnification, Youth Services and each of its contractors shall obtain no less than, or on terms more restrictive than, the following: General Liability Insurance covering all premises and activities, with an applicable limit of liability not less that One Million Dollars ($1,000,000.00) per claimant; One Million Dollars ($1,000,000.00) annual aggregate; and Comprehensive Automobile Liability Insurance applicable to all owned, hired and non -owned vehicles in an amount not less than One Million Dollars ($1,000,000.00) per occurrence; and Worker's Compensation Insurance Coverage in compliance with the Worker's Compensation Laws of the State of Oklahoma. Youth Services shall include the City as an Additional Insured on all required insurance policies. Youth Services shall also require its contractors to list the City as an Additional Insured. Youth Services shall submit certificates of insurance to the City's Risk Manager for approval prior to allowing any individuals to engage in any activities under this Agreement. Youth Services and its contractors shall maintain the required insurance with insurers that carry a Best's "A" rating and which are licensed and admitted to write insurance in Oklahoma. Failure of Youth Services or its contractors to obtain and maintain any required insurance shall not relieve Youth Services from any liability hereunder. Such coverage shall not be canceled or materially changed without giving the City at least thirty (3 0) days prior written notification thereof. This Agreement shall be subject to termination if Youth Services fails to keep, perform and observe all promises, covenants, conditions and agreements set forth in this Agreement. Any waiver of any breach of any one or more of the covenants, conditions, terms and agreements herein contained shall not be construed to be a waiver of any subsequent or other breach of the 2 same or of any other covenant, condition, term or agreement herein contained, nor shall failure to require exact, full, and complete compliance with any of the covenants, conditions, terms or agreements herein contained be construed as in any manner changing the terms of this Agreement or stopping the City from enforcing the full provisions thereof. Neither this Agreement, nor any of the rights hereunder, shall be sold, assigned, or encumbered by Youth Services. This Agreement shall be construed under the laws of the State of Oklahoma. Exclusive original jurisdiction and venue for any action relating to this Agreement shall be solely in the Tulsa County District Courts of Oklahoma. This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all proposals, oral or written, and all other communications between the parties with respect to the subject matter of this Agreement. This document may be modified only by further written agreement. Any such modification shall not be effective unless and until executed by the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates hereinafter set forth. Executed the 1 st day of October, 2022. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates hereinafter set forth. CITY OF OWASSO: YOUTH SERVICES: Warren Lehr City Manager Attest: Juliann M. Stevens City Clerk Approved as to Form: Julie Lombardi City Attorney David C. Grewe Executive Director TO: The Honorable Mayor and City Council FROM: Larry Langford Director of Recreation & Culture SUBJECT: Donation Acceptance and Budget Amendment DATE: September 16, 2022 BACKGROUND: The Recreation and Culture Department values the many partnerships developed to assist and support the efforts to serve our community and enhance the quality of life we all enjoy. In the early stages of conceptualizing the 5K Heart Healthy Trail, staff began discussions with the Oklahoma Heart Institute regarding their involvement and promotion of the trail. Whereas the City of Owasso and Oklahoma Heart Institute both encourage healthy choices and active lifestyles, they were excited to partner in the City's efforts. Oklahoma Heart Institute decided they would partner in sponsoring the Heart Healthy Trail location signs. The five (5) signs are placed around the mile portion of the trail indicating the quarter mile marks. Four (4) of the two -sided signs have healthy living tips to prevent heart disease and stroke on each side. The remaining sign has trail rules and map of the location. Oklahoma Heart Institute has committed $10,000.00 to the purchase and installation of the signs RECOMMENDATION: Staff recommends acceptance of donation from Oklahoma Heart Institute in the amount of $10,000.00, and approval of a budget amendment in the General Fund increasing estimated revenues and the appropriation for expenditures in the Recreation and Culture Department by $10,000.00. TO: The Honorable Mayor and City Council FROM: Larry Langford Director of Recreation and Culture SUBJECT: Bid Award - (Re -bid) Sports Park Parking Lots DATE: September 16, 2022 BACKGROUND: On November 5, 2014, The Tulsa County Vision Authority adopted a resolution that states Owasso is eligible to receive excess Vision 2025 funds totaling $6,882,761. On April 21, 2015, Owasso City Council approved Resolution 2015 -08, recommending identified projects for these funds. Portions of these funds were designated for parking lot improvements at the Sports Park. The base scope of work for the project includes the overlay of existing soccer gravel parking lots, new bus parking area, and new paved parking addition with drop -off area at Funtastic Island parking lot. Optional add alternates were included in the bid for the renovation of existing pavement, seal coating of existing pavement, and a new paved parking lot at the south Sports Park entry. BID PROCESS: The original bid advertisement for this project was published April 28, 2022, with no bids received. Staff decided to re -bid at a later date. Advertisements to submit bids were published on August 16 and 23, 2022 with a pre -bid meeting held on August 30, 2022. Bids were opened publicly on Thursday, September 8, 2022, with eight (8) bids received. BID ANALYSIS: The lowest bid received was from R &L Construction of Tulsa, Oklahoma, in the amount of $1,049,982.00. The submitted bid packages were examined for any improper or unbalanced bids and none were discovered. Upon review of the bids, staff found the lowest bid R &L Construction met all specifications. FUNDING: Funding for the construction in the amount of $846,621.01 is included in the Vision 2025 Funds and $203;360.99 is included in the Capital Improvement Fund, RECOMMENDATION: Staff recommends awarding the base bid to R &L Construction of Tulsa, Oklahoma, in the amount of $1,049,982.00, and authorization to execute all necessary documents. ATTACHMENTS: Bid tabulation sheet Contract GH2 ARCHITECTS Design. Service. Solutions. Bid Tabulation Form Bid Opening Date: September 8, 2022 2022 (Thermo (Funtastic plastic Island plastic striping in existing existing striping in lieu of paint parking lot (South lieu of for Base Bid TOTAL BASE replacement) seal teat) Parking Lot) paint) work) TOTAL BASE BID +ADD ALTERNATES Bidder R & L Construction $1,049,982.00 $78,600.00 $10,500.00 $156,100.00 $1,50D.00 $7,100.00 $1,128,582.00 $1,060,482.00 $1,284,682.00 $1,135,682.00 $1,216,582.00 $1,293,282.00 Paragon Contractors $1,135,450.00 $68,154,00 $38,760.00 $271,975.00 $1,320.00 $7,650.00 $1,203,604.00 $1,174,210.00 $1,475,579.00 $1,211,254.00 $1,445,185.00 $1,484,549.00 Ellsworth Construction $1,152,136.00 $59,323.00 $6,420.00 $218,559.00 $0.00 $1,211,459.00 $1,158,556.00 $1,430,018.00 $1,211,459.00 $1,377,115.00 $1,430,018.00 A&AAsphalt $1,152.700.00 $46,700.00 $9,100.00 $223,300.00 $1,300.00 $7,800,00 $1,199,400.00 $1,161,800.00 $1,422,700.00 $1,207,200.00 $1,385,100.00 $1,431,800.00 Stronghand $1,249,100.00 $97,400.00 $18,100.00 $261,400,00 $1,200.00 $7,000.00 $1,346,500.00 $1,267,200.00 $1,607,900.00 $1,353,500.00 $1,528,600.00 $1,616,100.00 Timber $1,257,000.00 $65,000.00 $28,000.00 $275,000.00 $2,000.00 $7,905.00 $1,322,000.00 $1,285,000.00 $1,597,000.00 $1,329,905.00 $1,560,000.00 $1,606,905.00 Reco $1.258,454.00 $73,392.00 $5,920.00 $250,029.00 $1,235.00 $7,160.00 $1,331,846.00 $1,264,374.00 $1,581,875.00 $1,339,006.00 $1,514,403.00 $1,590,270.00 Magnum Construction $1,259,000.00 $60,000.00 $18,000.00 $217,000.00 $1,200.00 $7,000.00 $1,339,000.00 $1,277,000.00 $1,556,000.00 $1.346,000.00 51,494,000.00 $1,564,200.00 Archlleefa Estimate $890,480.01 $63,700.00 $26.460,00 $250,287.80 $1,500.00 $8,710.00 $954,180.81 $918,940.81 E1,204,468.6T $962,800:81 §1,167,228.81 57,214,678181 SECTION 9 - AGREEMENT and GENERAL CONDITIONS THIS AGREEMENT is dated as of the day of 2022, by and between THE City of Owasso, Oklahoma (hereinafter called OWNER) and R &L Construction LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Project Documents. All local, state, and federal laws, etc. shall govern every aspect of work. The Work is generally described as follows: OWASSO SPORTS PARK: PARKING IMPROVEMENTS CITY OF OWASSO, OKLAHOMA The project for which the Work under the Project Documents may be the whole or only a part, is described as follows: ARTICLE 2. DEPARTMENT The project has been assigned by OWNER to the responsible City Department. The Department Director, or his /her duly authorized representative, who is hereinafter called PROJECT MANAGER, will assume all duties and responsibilities and will have the rights and authority assigned to DEPARTMENT in the Project Documents in connection with the completion of the Work in accordance with the Project Documents. ARTICLE 3. CONTRACT TIME 3.1 The Work will be substantially completed within One Hundred and Fifty (150) calendar days from the date of Notice to Proceed; and completed and ready for final payment in accordance with the General Conditions within Thirty (30) calendar days following Substantial Completion. Notice to Proceed will be on or before November 01, 2022. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER, if the Work is any such proof. OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER One Thousand Dollars ($1000.00) for each consecutive calendar day that expires after the time specified in paragraph 3.1 for substantial completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER One Thousand Dollars ($1000.00) for each consecutive calendar day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Project Documents in current funds the amount agreed upon in CONTRACTOR'S bid. 4.2 CONTRACTOR understands that the estimated quantities are not guaranteed and that the determination of actual quantities and their classification is to be made by the OWNER at the time of application for payment. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions on the Pay Estimate Forms included as Exhibit "A" to this Agreement. Applications for Payment will be processed by OWNER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment in accordance with the City of Owasso's Payment Schedule included as Exhibit "B" to this Agreement during construction as provided below. All progress payments will be on the basis of the progress of the Work. 5.1.1 Progress payments shall not exceed an amount equal to 90% of the WORK completed until such time as CONTRACTOR shall complete in excess of fifty percent (50 %) of the contract amount. 5.1.2 Upon completion in excess of fifty percent (50 %) of the total contract amount, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the WORK completed, less such amounts as OWNER shall determine in accordance with the General Conditions, provided that OWNER has determined that satisfactory progress is being made, and upon approval by the Surety. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the Contract Price. ARTICLE 6. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself /herself with the nature and extent of Project Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports or explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except underground facilities) which have been identified in the Supplementary Conditions as provided in the General Conditions. Contractor accepts the determination set forth in the General Conditions of the extent of the "technical data" contained in such reports and drawings upon which Contractor is entitled to rely. Contractor acknowledges that such reports and drawings are not Project Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Project Manager do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Project Documents with respect to underground facilities at or continuous to the site. Contractor has obtained and carefully studied (or assume responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Project Documents. 6.3 CONTRACTOR has made or caused to be made examinations, investigations, tests and studies of such reports and related data in addition to those referred to in paragraph 6.2 as deemed necessary for the performance of the Work at the Contract price, within the Contract Time and in accordance with the other terms and conditions of the Project Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Project Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price within the Contract Time and in accordance with the other terms and conditions of the Project Documents, including the General Conditions. 6.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Project Documents. 6.6 CONTRACTOR has given OWNER written notice of all conflicts, errors or discrepancies that he has discovered in the Project Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. 6.7 CONTRACTOR has obligated himself /herself to the OWNER to be responsible for the workmanship, labor and materials used in the project for two (2) years after the project has been accepted by the OWNER. 6.8 CONTRACTOR understands that they will be exempt from all sales tax on materials and other items necessary for the completion of the project. The OWNER has issued him a Certification of Tax Exempt Project enclosed as Exhibit "C of this Agreement. ARTICLE 7. PROJECT DOCUMENTS The Project Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof, and consist of the following: 7.1 This Agreement and General Conditions 7.2 Exhibits "A ", "B ", and "C to this Agreement 7.3 Advertisement for Bids 7.4 Requirements for Bidders 7.4 Project and Bid Specifications 7.6 Bid 7.7 Bid Bond 7.8 Bid Affidavits 7.9 Statement of Bidders Qualifications 7.10 Certificate of Non - Discrimination 7.11 Performance Bond / Maintenance Bond / Statutory payment Bond 7.12 Notice of Award and Notice to Proceed 7.13 Change Order 7.14 Project Drawings, consisting of Sheets 1 to _, inclusive, and Standard Drawings. 7.15 Addendum Numbers _ to _, inclusive. 7.16 Documentation submitted by CONTRACTOR prior to Notice of Award 7.17 Any Modification, including Change Orders, duly delivered after execution of Agreement There are no Project Documents other than those listed above in this Article 7. The Project Documents may only be altered, amended or repealed by a Modification (as defined in the General Conditions). ARTICLE 8. MISCELLANEOUS 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 8.2 No assignment by a party hereto of any rights under or interests in the Project Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law) and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Project Documents. 8.3 OWNER and CONTRACTOR each binds himself /herself, his /her partners, successors, assigns, and legal representatives to the other party hereto, his /her partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Project Documents. 8.3 The Agreement (or remaining portions thereof) should continue in effect, be valid and binding upon both parties even if a provision or part of the Project Documents should be held void or unenforceable by law. ARTICLE 9. GENERAL CONDITIONS OF THE AGREEMENT SECTION 101 DEFINITIONS AND TERMS Whenever in these specifications and contracts, or in any documents or instruments pertaining to construction where these specifications govern, the following terms or pronouns in place of them are used, the intent and meaning shall be interpreted as follows: 101.01 - ABBREVIATIONS: Whenever the following abbreviations are used in these specifications or on the plans, they are to be construed the same as the respective expressions represented: A.A.S.H.O. American Association of State Highway Officials A.A.S.H.T.O. American Association of State Highway Traffic Officials A.I.A. American Institute of Architects A.S.A. American Standards Association A.S.C.E. American Society of Civil Engineers A.S.T.M. American Society of Testing & Materials A.W.W.A. American Water Works Association MUTCD Manual on Uniform Traffic Control Devices O.D.O.T. Oklahoma Department of Transportation 101.02 - ADVERTISEMENT: The public announcement, as required by law, inviting bids for work to be performed or materials to be furnished. 101.03 - AWARD: The acceptance by the Owner of a bid. 101.04 - BASE COURSE: The layer or layers of specified or selected materials of design thickness placed on a sub -base or a sub -grade to support a surface course. 101.05 - BIDDER: The individual, company, partnership or corporation submitting a bid for the advertised work. 101.06-BRIDGE: A structure, including supports, erected over a depression or obstruction as water, highway, or railway, and having a track or passageway for carrying traffic, and having an opening measured along the center of the roadway of more than 20 feet between abutments or springline of arches or extreme ends of openings for multiple boxes. 101.07 - CITY: The City of Owasso, Oklahoma, a municipal corporation, acting through its duly authorized officers or agents. 101.08 - CALENDAR DAY: Every day shown on the calendar. 101.09 - CHANGE ORDER: A written order issued by the Department to the contractor, covering changes in the plans or quantities or both, within the scope of the contract and establishing the basis of payment and time adjustments for the work affected by the change. 101.10-CHANNEL: A natural or artificial watercourse. 101.11 -CONSULTANT: -Architect, Engineer, or other outside firm hired by the Owner to design or administer the construction of the Project. 101.12 - CONTRACT: The written agreement between the Owner and the contractor setting forth the obligations of the parties thereunder, including, but not limited to the performance of the work, furnishing of materials, and the basis of payment. The contract includes the invitation for bids, proposal, addenda, contract form and contract bonds (statutory, performance and maintenance bond), specifications, supplemental specifications, special provisions, general and detailed plans, and notice to proceed, also any change orders and agreements that are required to complete the construction of the work in an acceptable manner, including authorized extensions thereof, all of which constitute one instrument. 101.13 - CONTRACT ITEM (PAY ITEMS A specifically described unit of work for which a price is provided in the contract. 101.14 - CONTRACT PAYMENT BOND (STATUTORY BOND)_ The security furnished by the contractor and his /her surety to guarantee payment of prescribed debts of the contractor covered by the bond. 101.15- CONTRACT PERFORMANCE BOND: The security furnished by the contractor and his /her surety to guarantee complete execution and performance of the work in accordance with the contract. 101.16 - CONTRACT TIME: The number of work days or calendar days allowed for completion of the contract, including authorized time extensions. In case a calendar date of completion is shown in the proposal in lieu of the number of working calendar days, the contract shall be completed by that date. 10 1. 17 - CONTRACTOR: The individual, company, partnership or corporation contracting with the City of Owasso for performance of prescribed work. 10 1. 18 - CONTROL OF ACCESS: The condition where the right of owners or occupants of abutting land or other persons to access, light, air or view in connection with a roadway is fully or partially controlled by public authority. 101.19 - CULVERT: Any structure not classified as a bridge which provides an opening under the roadway. 101.20 - DEPARTMENT: A Department of the City of Owasso operating under the direction and authority of the Owner. 101.21 - DRAINAGE DITCH: A constructed open excavation or ditch constructed for the purpose of carrying off surface water. 101.22- EASEMENT: A grant of a right of use of the property of an owner for a certain purpose at the will of the grantee. 101.23 - EQUIPMENT: All machinery and equipment, together with the necessary supplies for upkeep and maintenance, and also tools and apparatus necessary for the proper construction and acceptable completion of the work. 101.24 - EXTRA WORK: An item of work not provided for in the contract as awarded but found essential to the satisfactory completion of the contract within its intended scope. 101.25 - EXTRA WORK ORDER: A change order concerning the performance of work or furnishing of materials involving extra work. Such extra work may be performed at agreed prices or on a force account basis as provided elsewhere in these specifications. 101.26 - INSPECTOR: The Department's authorized representative assigned to make detailed inspections of contract performance. 101.27 - INVITATION FOR BIDS: The advertisement for proposals for all work or materials on which bids are required. Such advertisement will indicate the time and place of the opening of proposals. 101.28 - LABORATORY: The official testing laboratory of the City or any other testing laboratory which may be designated by the Department. 101.29 - MATERIALS: Any substances specified for use in the construction of the project and its appurtenances. 101.30 - MAYOR: The Mayor of the City of Owasso as constituted by charter to administer the affairs of the City of Owasso. 101.31 - NOTICE TO PROCEED: Written notice to the contractor to proceed with the contract work. 101.32 - OWNER: City of Owasso, Owasso Public Works Authority, Owasso Public Golf Authority, or other entity of the City. 101.33 - PARKING: That portion of the right -of -way on city streets or urban projects not covered by paved surface or sidewalk. 101.34 - PAVEMENT STRUCTURE: The combined sub -base, base and surface courses placed on the sub -grade to support the traffic load and distribute it to the roadbed. 101.35 - PLANS: The approved plans, profiles, typical cross sections, working drawings and supplemental drawings, or exact reproductions thereof, which show the location, character, dimensions, and details of the work to be done. 101.36 - PROJECT: The specific section of construction to be performed thereon under the contract. 101.37 - PROPOSAL: The written offer of the bidder, submitted on the prescribed proposal form, to perform the work described in the plans and specifications and to furnish the labor and materials at the prices quoted by the bidder. 101.38 - PROPOSAL GUARANTY: The security to be furnished by the bidder as a guaranty of good faith to enter into a contract and to execute the required bonds covering the work contemplated if his /her proposal is accepted. 101.39 - SHOULDER: The portion of the roadway contiguous with the traveled way for accommodation of stopped vehicles, for emergency use, and for lateral support of base and surface courses. 101.40 - SPECIAL PROVISIONS: Additions and revisions to the standard and supplemental specifications covering conditions peculiar to an individual project. 101.41 - SPECIFICATIONS: A general term applied to all directions, provisions and requirements pertaining to performance of the work. 101.42 - SPECIFIED COMPLETION DATE: The date on which the contract work is specified to be completed. 101.43 - STATUTORY BOND: The approved forms of security furnished by the contractor and his surety as a guaranty that (s)he will pay in full all prescribed debts of the contractor covered by the bond. 101.44 - SUBBASE: The layer or layers of specified or selected material of designed thickness placed on a subgrade to support a base course. 101.45 -SUBCONTRACTOR: An individual, company, partnership or corporation to whom the contractor contracts part of the contract. 101.46 - SUBGRADE: The top surface of a roadbed upon which the pavement structure and shoulders are constructed. 101.47 — SUBSTANTIAL COMPLETION: The time at which the Work (or specified part thereof) has progressed to the point where, in the opinion of the Department, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Project Documents, so that the Work (or specified part thereof) can be utilized for the purpose for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 101.48 -SUBSTRUCTURE: All of that part of the structure below the bearings of simple and continuous spans, skewbacks or arches and tops of footings of rigid frames, together with the backwalls, wingwalls and wing protection railings. 101.49 - SUPERINTENDENT: The designated representative of the contractor present on the work at all times during progress, authorized to receive and execute instructions from the Department and capable of superintending the work effectively. 101.50 - SUPERSTRUCTURE: The entire structure except the substructure. 101.51 - WORK: Work shall mean the furnishing of all labor, materials, equipment, and other incidentals necessary or convenient to the successful completion of the project and the carrying out of all the duties and obligations imposed by the contract. 101.52 - WORKING DAY: A working day shall be any day, other than a holiday, Saturday, or Sunday, on which weather and working conditions would permit the normal forces of the contractor to proceed with regular work for a period of at least six hours toward the completion of the work, unless work is suspended for causes beyond the contractor's control. Saturdays, Sundays, and holidays on which the contractor's forces engage in regular work, requiring the presence of an inspector, will be considered as working days. 101.53 - WORK ORDER: A written order, executed by the Department, of a contractual status requiring performance by the contractor without negotiation of any sort. 101.54 - WORKING TIME: The working time stated in the proposal and the contract shall be definite number of working days or calendar days and shall be considered an essential part of the contract. 101.55 - In order to avoid cumbersome and confusing repetition of expressions in these specifications, it is provided that whenever anything is, or is to be, done, if, as, or, when or where "contemplated, required, determined, directed, specified, authorized, ordered, given, designated, indicated, considered necessary, deemed necessary, permitted, reserved, suspended, established, approval, approved, disapproved, acceptable, unacceptable, suitable, accepted, satisfactory, unsatisfactory, sufficient, insufficient rejected, or condemned," it shall be understood as if the expression were followed by the words "by the Department" or "to the Department." SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS 102.01 - NOTICE TO BIDDERS (ADVERTISEMENT): After the date is set for the receipt of proposals, the Owner will give notice of such letting to prospective bidders. The notice will contain a description of the proposed work, together with information to the bidder regarding access to proposal forms, plans, specifications, the amount of proposal guaranty and the minimum wage rate required per hour for labor (when applicable). This Notice to Bidders will be published as an advertisement giving notice of request for bids, as required by State laws. The Notice to Bidders will become one of the Project Documents, if award is made. 102.02 - PREQUALIFICATION OF BIDDERS: Bidders are not required to be pre - qualified. Bidder must complete Statement of Bidder's Qualifications. No bid will be accepted unless all questions have been answered completely and the statement has been signed and notarized. Each bidder agrees to comply with all terms of relating to equal employment opportunity. 102.03 - PROPOSAL FORMS: The Owner will make available to bidders the proposal forms which will state the location and description of the contemplated construction and will show the approximate quantities of the various items of work to be performed and materials to be furnished with a schedule of items for which unit bid or lump sum prices are asked. The proposal form will state the time in which it must be completed and the amount of the "Proposal Guaranty" which must accompany the proposal. 102.04 - INTERPRETATION OF ESTIMATES: The estimate of quantities of work to be done and materials to be furnished listed in the Plans and on the Bid Form are to be considered as approximate only and are to be used as a basis for the comparison of bids and the award of the contract. The Owner does not expressly or by implication agree that the actual quantities involved will correspond exactly therewith; nor shall the bidder plead misunderstanding or deception because of such estimate of quantities, or of the character, location or other conditions, pertaining to the work. Payment to the contractor will be made only for the actual quantities of work performed or materials furnished in accordance with the plans and specifications and it is understood that the quantities of work to be done and the materials to be furnished may each be increased, diminished or omitted as hereinafter provided without in any way invalidating the bid prices. 102.05 - EXAMINATION OF PLANS SPECIFICATIONS SPECIAL PROVISIONS SITE OF WORK: The bidder is required to examine carefully the site of the proposed work and the proposal, plans, specifications, special provisions, and contract forms, and satisfy himself /herself as to the character, quality and quantities of work to be performed and materials to be furnished and as to the requirements of these specifications, supplemental specifications, special provisions and contract. The submission of a proposal shall be prima facie evidence that the bidder has made such an examination. 102.06- PREPARATION AND SUBMISSION OF PROPOSAL: (1) The bidder shall submit his /her proposal upon the forms furnished in the specification documents. The bidder shall specify a unit price in words and figures for each pay item for which a quantity is given and shall also show the products of the respective unit prices and quantities written in figures in the column provided for that purpose and the total amount of the proposal obtained by adding the amounts of the several items. All the words and figures shall be in ink or typed. In case of a discrepancy between the prices written in words and those written in figures, the prices written in words shall govern. Any change in the unit price, words or figures, or the product of the unit price, shall be acknowledged by the initials of the person signing the bid, adjacent to each such change or alteration. (2) LUMP SUM - The bidder shall submit his /her proposal upon the forms furnished in the specification documents. The bidder shall specify a lump sum price when called for either in words or in figures for each item requested, and shall also show the products when applicable. Any change in the lump sum, words or figures, or the product, shall be acknowledged by the initials of the person signing the bid, adjacent to each such change or alteration. SIGNATURE OF PROPOSAL CONTRACTS STATUTORY BOND IF A CORPORATION: Title of officer signing, Secretary's attest and Seal should be shown. IF A COMPANY: Title of officer signing. (If incorporated, following the Company name with "A Corporation" and title of officer signing, along with Secretary's attest and company seal or corporate seal.) IF A PARTNERSHIP: Indicate following firm name "A Partnership" and "Partner" following signature of partner signing. IF AN INDIVIDUAL: Show individual, D /B /A (show firm name) and following signature, show "Owner." 102.07 - REJECTION OF PROPOSALS: Proposals containing any omission, alterations of form, additions or conditions not called for, conditional or alternate bids unless called for, or if they contain a clause in which the bidder reserves proposals otherwise regularwhich are not accompanied by a Proposal Guaranty will be considered irregular and may be rejected. The Owner reserves the right to waive technicalities as to change, alterations, or reservations and make the award in the best interest of the Owner. 102.09 - PROPOSAL GUARANTY: Each separate proposal shall be accompanied by a certified check, cashier's check or bidder's surety bond, in the amount as stated in the advertisement for bids. 102.10 - WITHDRAWAL OF PROPOSALS: Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. After other bids are opened and read, the bid for which withdrawal is requested will be returned unopened. 102.11 - DISQUALIFICATION OF BIDDERS: Any one or more of the following causes may be considered as sufficient for the disqualification of a bidder and the rejection of his /her bid: • Failure to comply with any qualification regulations of the Owner. • Contractors on unacceptable lists published by governmental agencies. • More than one proposal for the same work from an individual, company, partnership, or corporation under the same or different names. • Evidence of collusion among bidders. Participants in such collusion will receive no recognition as bidders for any future work for the Owner. • Unbalanced proposals in which the prices for some items are out of proportion to the prices of other items. • Failure to submit a unit price or lump sum for each item or items of work listed in the proposal. • Lack of responsibility as shown by past work for the Owner, judged from the standpoint of workmanship and progress. Lack of competency and adequate machinery, plant and other equipment, as revealed by the financial statement and experience questionnaires. • Uncompleted work which, in the judgment of the Owner, might hinder or prevent the prompt completion of additional work if awarded. • For being in arrears on existing contracts, in litigation with the Owner, or having defaulted on a previous contract or failure to comply with any qualification regulations of the Owner. 102.12 - MATERIAL GUARANTY: The successful bidder may be required to furnish a complete statement of the origin, composition, and manufacture of any or all materials to be used in the construction of the work together with samples, which samples may be subjected to tests to determine their quality and fitness for the work. 102.13 - CONTRACTOR AND THEIR EMPLOYEES: The General Contractor and subcontractors employed upon the work shall and will be required to conform to the labor laws of the State of Oklahoma and the various acts amendatory and supplementary thereto, and to all laws, ordinances, and legal requirements applicable thereto. The contractor shall employ competent foremen, experienced mechanics, and others skilled in the several parts of the work given them to do, for performance of the work embraced in this contract; and shall promptly discharge any and all incompetent or otherwise unsatisfactory employees. Contractor's employees directly employed in performance of the work shall not be paid less than the prevailing minimum wage scale. Necessary sanitary conveniences for the use of employees on the work, properly secluded from public observation, shall be provided and maintained by the contractor. The construction and location of the facility and disposal of the contents shall comply with all laws of the Owner and State, relating to health and sanitation regulations. The contractor hereby agrees to comply with the provisions of Title 40 Oklahoma Statutes (Supp.9181) Sections 196.1 et.seq. relating to minimum wage scale of public projects. The Contractor and each Subcontractor shall pay the contributions required by the Social Security Act, U.S. Current Tax Payment Act (withholding tax) and the public laws of the State and shall accept exclusive liability for said contributions. The Contractor further shall indemnify and hold harmless the Owner on account of any such contributions assessed against the Owner. The contractor agrees to keep an accurate record showing the names and occupation of all employees, including the employees of any subcontractor, employed on the contract and also showing the actual wages paid to each of the employees, which record shall be open at all reasonable hours to the inspection of the Owner or the Commissioner of Labor, State of Oklahoma. The contractor further agrees that it (and contractor's subcontractors, if any) will not fail or refuse to hire or discharge any individual, or otherwise discriminate against any individual with respect to this compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, age or national origin, and further agrees that it will not (nor will its subcontractors, if any) limit segregate or classify its employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his /her status as an employee, because of such individual's race, color, religion, sex, age, physical handicap or national origin. Contractor further agrees with the Owner that this contract may be terminated by the Owner in the event there shall be a violation of any of the provisions of this paragraph, upon notice in writing given, and all monies to become due pursuant to any other provisions of this contract from the date of termination shall thereafter be forfeited the contractor being entitled only to monies expended and services performed up to and including the date of termination. SECTION 103 AWARD AND EXECUTION OF CONTRACT 103.01 - AWARD OF CONTRACT: Award of contract will be made by the Owner, upon the recommendation of the Department to the lowest responsible bidder meeting the requirements of the Oklahoma "Public Competitive Bidding Act ". The award of contracts involving the expenditure of federal funds is contingent on concurrence of the federal agency or any other agency whose funds are being used. The award, if made, will be within thirty (30) calendar days after the opening of proposals. 103.02 - CANCELLATION OF AWARD: The Owner reserves the right to cancel the award of any contract at any time before the execution of said contract without any liability against the Owner /City of Owasso. 103.03 - RETURN OF PROPOSAL GUARANTIES: The guaranty deposited with bids will be returned to unsuccessful bidders within fourteen (14) days after the Bid Opening. The guaranty of the successful bidder will be retained until after the contract is executed and bonds approved, after which it will be returned. The Proposal Guaranty of any Bidder whom Owner believes to have a reasonable chance of receiving the award, may be retained by Owner until after the contract of the successful bidder is executed and the bonds approved. 103.04 - INSURANCE AND BONDS: The successful bidder will be required to carry such compensation and public liability insurance as may be required under the laws of the State of Oklahoma, and shall execute and furnish a statutory surety bond guaranteeing that the contractor shall pay all indebtedness incurred for materials and labor furnished in the performance of the contract in a sum equal to one hundred percent (100 %) of the contract price. The successful bidder shall furnish a performance surety bond in the amount of one hundred percent (100 %) of the contract guaranteeing the proper and prompt completion of the work in accordance with the provisions of the contract and the plans and specifications. The successful biddershall also furnish a maintenance bond in the amount of one hundred percent (100 %) of the contract, guaranteeing public improvement projects for two (2) years against defective workmanship and materials from the date of acceptance of the project. CONTRACTOR MUST USE THE BOND FORMS SUPPLIED IN THIS DOCUMENT and MAY ATTACH SAID BOND. The contractor (and any subcontractors) shall carry and keep in force during this contract, policies of public liability insurance, including any contractual liability assumed under this contract, in the minimum amounts set forth below, and workmen's compensation and employer's liability insurance in the amounts required by law. The contractor shall also furnish an Owner's Protective Policy in the same amounts with the Owner as the named insured, issued by the some insurance company as the issuer of Contractor's Liability Coverage. Public Liability, other than automobile: Personal Injury, each person $ 100,000.00 Personal Injury, each accident $1,000,000.00 Property Damage, each person $ 100,000.00 Property Damage, each occurrence $ 100,000.00 Automobiles and Trucks: Owned, Hired and Non - owned: Personal Injury, each person $ 100,000.00 Personal Injury, each accident $1,000,000.00 Property Damage, each accident $ 100,000.00 The policy shall provide a clause stating that it cannot be canceled by the insurerwithout the insurer first giving the Owner ten (10) day written notice of cancellation. The contractor shall furnish the Owner an original and duplicate certificate of insurance at the time contracts are prepared. 103.05 - FORFEITURE OF PROPOSAL GUARANTY: The individual, partnership, company or corporation to whom a contract is awarded shall, within ten (10) days after such contract is awarded, execute and deliver to the Owner the contract required under such award, and execute and deliver all bonds required for the protection of the Owner against the claims of every person whomsoever and against the claims of all persons resulting from the acts or act, or the omissions or defaults of the contractor, in such amounts as may be required by the Owner. Such bonds to be executed and approved prior to the execution of said contract by the Owner. Upon the failure of the bidder to execute said bonds, or any of them, and said contract within said ten (10) days after the same is awarded, (s)he will be considered to have abandoned said bid, and the Owner may re -let the same. By reason of the uncertainty of the market prices of material and labor, and it being impracticable and extremely difficult to fix the amount of damages and expenses which the Owner would be put to by reason of said bidder's failure to execute said bonds and contracts within said ten (10) days, the proposal guaranty accompanying the bid shall be the agreed amount of damages which the Owner will suffer by reason of such failure upon the part of the bidder, and shall thereupon immediately be forfeited to the Owner. The filing of a bid under these instructions will be considered as an acceptance of this provision. 103.06 - PRELIMINARY MATTERS: Before starting construction, the Contractor shall carefully study and compare the Project Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to the Department any conflict, error, ambiguity, or discrepancy which the Contractor may discover and shall obtain written interpretation or clarification from the Department before proceeding with any work affected thereby. With 10 days after the Notice to Proceed, the Contractor shall submit to the Department for its timely review: 1. A preliminary progress schedule indicating the times (number of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Project Documents; 2. A preliminary schedule of Shop Drawings and Sample submittals which will list each required submittal and the times for submitting, reviewing, and processing such submittal: and 3. A preliminary schedule of values for all the Work which includes quantities and prices of items which, when added together, equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payment during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 103.07 - PRECONSTRUCTION CONFERENCE: Within 20 days from Notice to Proceed, but before any Work at the site is started, a conference attended by the Contractor, Department, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred in paragraph 103.07, procedures for handling Shop Drawings and other submittals, processing applications for payment and maintaining required records. At the present time, the OWNER has not set aside a particular area to store materials and heavy equipment. At the pre- construction conference, specific locations will be presented by the Contractor for approval by the Department. SECTION 104 SCOPE OF WORK 104.01 - INTENT OF CONTRACT: The intent of the contract is to provide for the construction and completion in every detail of the work described. The contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work in accordance with the plans, specifications, and terms of the contract. 104.02 - ALTERATION OF PLANS OR CHARACTER OF WORK: The Owner reserves the right to make at any time during the progress of the work, such increases or decreases in quantities an such alterations in the details of construction, including alterations in the grade or alignment of the road or structure or both, as may be found to be necessary or desirable. Such increases or decreases and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to accept the work as altered, the same as if it had been a part of the original contract. All claims, disputes and other matters in question between Owner and Contractor arising out of, or relating to, the Project Documents or the breach thereof are not subject to arbitration. The Owner will be the sole judge in all claims and disputes. 104.03 - EXTRA WORK: The contractor shall perform unforeseen work, for which there is no price included in the contract, whenever it is deemed necessary or desirable in order to complete fully the work as contemplated. Such work shall be performed in accordance with the specifications as directed in writing by the Department, and will be paid for as provided under extra or force account work. 104.04 - MAINTENANCE OF TRAFFIC: The project, while undergoing improvements, shall be kept open to all traffic by the contractor unless approved otherwise in writing by the Department. Temporary traffic control devices shall be furnished and maintained by the contractor. Methods of traffic control, including a traffic control plan, shall be submitted by the Contractor for approval before construction activities begin. All traffic control devices shall conform to the most recent Manual for Uniform Traffic Control Devices (MUTCD). 104.05 - REMOVAL AND DISPOSAL OF STRUCTURES AND OBSTRUCTIONS: All materials, structures, or obstructions found on the project which are not to remain in place or which are not to be used in the new construction shall be carefully dismantled and salvageable materials stored in accessible locations as directed by the Department. Unless specified on the plans or in the proposal, this work will not be paid for separately but will be included in the price bid for other items. Unless otherwise shown, materials not considered salvageable for use by the Owner or not incorporated in the work shall become the property of the contractor, and shall be removed from the work site in a timely manner and disposed of by him /her. 104.06 - SITE MAINTENANCE: The work site shall be kept free from construction debris. At the end of each work shift, the site shall be policed for objectionable debris which could be deposited off site by wind or storm runoff. Other materials for use in the construction of the project shall be maintained in orderly storage and protected from elements which could hinder incorporation into the work. 104.07 - CONTROL OF STORM RUNOFF: The contractor shall take preventive measures to minimize polluted runoff from the work site. Pollution includes, but is not limited to, silt or mud from disturbed area, construction debris, any petroleum products, or other objectionable materials. The contractor shall correct immediately any violation of this paragraph under current state and local ordinances. Failure to comply may result in shut down of all work as directed by the Department. 104.08 - FINAL CLEAN UP: Upon completion of the work and before acceptance and final payment will be made, the contractor shall remove from the right -of -way all machinery, equipment, surplus and discarded materials, rubbish, temporary structures and stumps or portions of trees. Contractor shall cut all brush and weeds within the limits of the right -of -way and shall leave the project and borrow pits in a neat condition. Material, cleared from the right -of -way will not be considered as having been disposed of satisfactorily. The contractor shall leave any areas or slopes, where any work is performed, in a neat and workmanlike condition. Contractor shall repair at their own expense and to the satisfaction of the Department, any areas, slopes, or turfing that have been damaged by the Contractor operations. SECTION 105 CONTROL OF WORK 105.01 - AUTHORITY OF THE CONTRACTOR: The Contractor shall supervise, inspect, and direct the Work competently as efficiently devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Project Documents. Contractor shall be responsible to see that the completed Work complies accurately with the Project Documents. 105.02 - AUTHORITY OF THE DEPARTMENT: The Department's status during construction is to assist the Owner in answering questions which may be brought forth by the Contractor during construction. However, final decisions will be made by the Owner. The Department will decide all questions which may arise as to the quality and acceptability of materials furnished and work performed and as to the rate of progress of the work; all questions which may arise as to the interpretation of the plans and specifications; all questions as the acceptable fulfillment of the contract on the part of the contractor. The Department will have the authority to suspend or change the sequence of work wholly or in part due to the failure of the contractor to correct conditions unsafe for the workmen or the general public; for failure to carry out provisions of the contract; for failure to carry out orders; for such periods as deemed necessary due to the unsuitable weather; for conditions considered unsuitable for prosecution of the work or for any other condition or reason deemed to be in the public interest. If the contractor ignores the authority of the Department under subsection 105.01, the Department may withhold partial payments due the contractor upon due notice in writing. Any notice to any Contractor from the Owner relative to any part of this Contract shall be in writing and considered delivered and the service thereof completed, when said notice is posted, by certified or registered mail, to the said Contractor at his /her last given address, or delivered in person to said Contractor or his /her authorized representative on the work. 105.03 - PLANS AND WORKING DRAWINGS: The Owner shall furnish the Contractor with three (3) sets of Plans and Specifications at no cost to the Contractor. If additional sets are required, the Contractor will be required to pay the Owner Thirty -Five Dollars ($35.00) for each additional set. Plans will show details of all structures, lines, grades, typical cross sections of the roadway, location and design of all structures. The contractor shall keep one set of plans available on the work at all times. The plans will be supplemented by such working drawings as are necessary to adequately control the work. Working drawings for structures shall be furnished by the contractor and shall consist of such detailed plans as may be required to adequately control the work and are not included in the plans furnished by the Owner. They shall include stress sheets, shop drawings, erection plans, false -work plans, cofferdam plans, bending diagrams for reinforcing steel or any other supplementary plans or similar data required of the contractor. All work drawings must be approved by the Department and such approval shall not operate to relieve the contractor of any of his /her responsibility under the contract for the successful completion of the work. The contract price will include the cost of furnishing all working drawings. After the Awarding of Contract and prior to the Pre - Construction Conference, the Contractor shall furnish copies of each submittal required, along with a list of all subcontractors, telephone numbers, addresses, etc. Exceptions will be made on an individual basis concerning submittal time frames if manufacturer needs additional time. Generally, Notice to Proceed will be issued once the City Attorney has approved the contract and all bond, and the submittals and list of subcontractors have been submitted. 105.04 - CONFORMITY WITH PLANS AND SPECIFICATIONS: All work performed and all materials furnished shall be in reasonable close conformity with the lines, grades, cross sections dimensions and material requirements, including tolerances, shown on the plans or indicated in the specifications. In the event the Department finds the materials or the finished product in which the materials are used or the work performed are not in reasonable close conformity with the plans and specifications and have resulted in an inferior or unsatisfactory product, the work or materials shall be removed and replaced or otherwise corrected by and at the expense of the contractor. 105.05 - COORDINATION OF PLANS SPECIFICATIONS, SUPPLEMENTAL SPECIFICA -TIONS AND SPECIAL PROVISIONS: These specifications, the supplemental specifications, the plans, special provisions, and all supplementary documents are essential parts of the contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be complimentary and to describe and provide for a complete work. The contractor shall take no advantage of any apparent error or omission in the plans or specifications. In the event the contractor discovers such an error or omission, they shall immediately notify the Department. The Department will then make such corrections and interpretations as may be deemed necessary for fulfilling the intent of the plans and specifications. 105.06- COOPERATION BY CONTRACTOR: The contractorshall give the work the constant attention necessary to facilitate the progress thereof, and shall cooperate with the Department, his /her inspectors, and other contractors in every way possible. The contractor shall have on the work at all times, as his /her agent, a competent superintendent capable of reading and thoroughly understanding the plans and specifications and thoroughly experienced in the type of work being performed, who shall receive instructions from the Department or his /her authorized representatives. The superintendent shall have full authority to execute order or directions of the Department without delay, and to promptly supply such materials, equipment, tools, labor, and incidentals as may be required. Such superintendence shall be furnished irrespective of the amount of work sublet. 105.07 - PROTECTION OF PROPERTY: The protection of City, State and Government monuments, street signs and other City property is of prime importance, and if the same be damaged, destroyed, or removed, they shall be repaired, replaced, or paid for by the contractor. Disturbance to this property must first be approved by the agency which controls it. At places where the contractor's operations are adjacent to the plant of railway, telegraph, telephone, electric, gas water, sanitary sewers, or storm sewers, damage to which might result in expense, loss, or inconvenience, work shall not be commenced until all arrangements for relocation or revisions have been made. Coordinate work with the City of Owasso and applicable utility companies to identify utilities affected by the construction of this project. Provide notification prior to starting work and comply with requirements. The contractor shall cooperate with the owners of any underground or overhead utility lines in their removal and rearrangement operations in order that these operations may progress in a reasonable manner and duplication or rearrangement work may be reduced to a minimum and that services rendered by those parties will not be unnecessarily interrupted. The revision and crossings of the various types of lines shall be made as follows: A. Storm sewers and culverts may be removed at the time of crossing or may be adequately braced and held in position while the pipe is placed beneath them. If the storm sewer or culvert is removed, it shall be replaced with pipe of the same type and size as that removed and it shall be rejoined to the undisturbed line with a joint satisfactory to the Department. Backfill over and around the storm sewer shall be thoroughly compacted in order that no settlement will occur. The revision and crossing shown on the drawing shall beat the expense of the contractor. In the event line other than those shown on the drawing are encountered and fall within the standard trench limit or within 12" of subgrade and, in the opinion of the Department, revision of the line is necessary for the construction of the project, the contractor will be reimbursed for the extra cost of the crossings or revision, provided the Owner can't fix the problems themselves. B. All overhead and buried telephone and electrical conduits and gas mains to be revised or crossed by the construction of this project shall be protected in accordance with the directions of the utility company owning the conduits and /or mains. The contractor shall notify the companies and obtain their permission before making any crossing or revisions. In the event lines other than those shown on the drawing are encountered, and in the opinion of the Department revision of the line is necessary for the construction of the project, the contractor will be reimbursed for the extra cost of the crossing or revision provided the utility can't fix the problem themselves. Any overhead cables, buried cables, conduits or gas mains shown on plans and damaged by the contractor shall be repaired, at his /her expense, to the satisfaction of the Department and of the utility. C. The contractor shall not remove any water or sanitary sewer lines except as directed by the Department or as required by the drawing and specification, and shall adequately brace and protect them from any damage during construction. Any existing water main or sewer main or lateral damaged by the contractor's operations will be repaired by the Owner's maintenance forces at the Contractor's expense. The contractor shall notify the Owner immediately after damaging any pipe. The location of utility lines serving individual properties may or may not be shown on the drawings. All plans have been reviewed by the respective owners of the utilities and locations have been verified. If service lines are encountered which are not shown on the plans or are shown in the wrong location, the contractor shall notify the owner of the utility and the Department for relocation of the lines. If the lines are broken or damaged from construction and were not shown or were shown erroneously, the contractor shall not be liable for the cost of repairs. 105.08 - COOPERATION BETWEEN CONTRACTORS: The Owner reserves the right at any time to contract for and perform other or additional work on or near the work covered by the contract. When separate contracts are let within the limits of any one project, each contractor shall conduct his /her work so as to minimize interference with the progress or completion of the work being performed by other contractors. Contractors working on the same project shall cooperate with each other as directed. Each contractor involved shall assume liability, financial or otherwise, in connection with his /her contract and shall protect and save harmless the Owner from any and all damages or claims that may arise because of inconvenience, delay or loss experienced by him /her because of the presence and operations of other contractors working within the limits of the same project. The contractor shall arrange his /her work and shall place and dispose of the materials being used so as to minimize interference with the operations of the other contractors within the limits of the same project. The Contractor shall join their work with that of the others in acceptable manner and shall perform it in proper sequence to that of the others. 105.09 - CONSTRUCTION STAKES, LINES AND GRADES: Unless otherwise shown on plans, the Contractor will set vertical and horizontal controls provided by the Consultant or Department or shown on the construction plans. It shall be the responsibility of the contractor to confer with the Consultant or Department and satisfy himself /herself as to the accuracy of the controls prior to the commencement of work. It shall also be the responsibility of the contractor to protect and maintain those controls and to replace immediately any or all controls should they be damaged or altered in any manner. From these vertical and horizontal controls, the contractor shall layout and stake the project for construction in accordance to construction plans and in a manner that is satisfactory to the Department prior to setting forms or batterboards. From these vertical and horizontal controls, the contractor shall provide competent personnel to layout the project in accordance to construction plans. 105.10 - INSPECTION OF WORK: Inspectors employed by the Department will be authorized to inspect all work done and materials furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication or manufacture of the materials to be used. The inspector will not be authorized to alter or waive the provisions of the contract. All materials and each part or detail of the work shall be subject to inspection by the Department. The Department shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the contractor as is required to make a complete and detailed inspection. If the Department requests it, the contractor, at any time before acceptance of the work, shall remove or uncover such portions of the finished work as may be directed. After examination, the contractor shall restore said portions of the work to the standard required by the specifications. Should the work thus exposed or examined prove acceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be paid for as extra work, but should the work so exposed or examined prove unacceptable, the uncovering or removing, and the replacing of covering or making good of the parts removed, will be at the contractor's expense. Any work done or materials used without inspection by the Owner's representative may be ordered removed and replaced at the Contractor's expense. The Department must be notified within twenty -four (24) hours before placement of any concrete, asphalt, or pipe and an inspector must be present during these operations. The inspector will not be authorized to issue instructions contrary to the plans and specifications, or to act as foreman for the contractor. 105.11 - REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK: All work which does not conform to the requirements of the contract will be considered as unacceptable. Unacceptable work, whether the results of poor workmanship, use of defective materials, damage through carelessness, or any other cause, shall be removed immediately and replaced in an acceptable manner. Work done contrary to the instructions of the Department, work done beyond the line shown on the plans, or any extra work done without authority, will be considered as unauthorized and will not be paid for under the provisions of the contract. Work so done may be ordered removed or replaced at the contractor's expense. Upon failure on the part of the contractor to comply with any order of the Department made under the provisions of this article, the Department will have the authority to cause unacceptable work to be remedied or removed and replaced and unauthorized work to be removed and to deduct the costs from any monies due or to become due to the contractor. Any defects in workmanship or materials will be corrected by the CONTRACTOR at no additional expense to the OWNER. Any and all adjustments called to the attention of the CONTRACTOR by the OWNER will be corrected within a reasonable time. The term "reasonable" will be interpreted as being within thirty (30) days or less, unless the OWNER agrees to extend this schedule. 105.12 - LOAD RESTRICTIONS: The contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the project. A special permit will not relieve the contractor of liability for damage which may result from the moving of equipment. The operation of equipment of such weight or so loaded as to cause damage to structures or the roadway or to any other type of construction will not be permitted. Hauling of materials over the base course or surface course under construction shall be limited as directed. No loads will be permitted on a concrete pavement, base or structure before the expiration of the curing period. The contractor shall be responsible for all damage done by his /her hauling equipment. 105.13 - MAINTENANCE DURING CONSTRUCTION: The contractor shall maintain the work during construction and until the project is accepted. This maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and forces to the end that the construction will be kept in satisfactory condition at all times. All cost of maintenance work during construction and before the project is accepted shall be included in the unit prices bid on the various pay items and the contractor will not be paid an additional amount for such work. 105.14 - FAILURE TO MAINTAIN CONSTRUCTION: If the contractor, at any time, fails to comply with the provisions of maintenance, the Department will immediately notify the contractor of such non - compliance. If the contractor fails to remedy unsatisfactory maintenance within 24 hours after receipt of such notice, the Department may immediately proceed to maintain the project, and the entire cost of this maintenance will be deducted from monies due or to become due the contractor on this contract. 105.15 - FINAL INSPECTION: Upon due notice from the contractor of presumptive completion of the entire project, the Department will make an inspection with the contractor. If all construction provided for and contemplated by the contract is found completed to his /her satisfaction, that inspection shall constitute the final inspection. If, however, the inspection discloses any work, in whole or in part, as being unsatisfactory, the Department will give the contractor the necessary instructions for correction of same, and the contractor shall immediately comply with and execute such instructions. Upon correction of the work, another inspection will be made which shall constitute the final inspection provided the work has been satisfactorily completed. SECTION 106 CONTROL OF MATERIAL 106.01 - SOURCE OF SUPPLY AND QUALITY REQUIREMENTS: The materials used on the work shall meet all quality requirements of the contract. In order to expedite the inspection and testing of materials, the contractor shall notify the Department of his /her proposed sources of materials prior to delivery. At the option of the Department, materials may be approved at the source of supply before delivery is started. If it is found after trial that sources of supply for previously approved materials do not produce specified products, the contractor shall furnish materials from other sources. 106.02 - SAMPLES, TESTS, CITED SPECIFICATIONS: All materials will be inspected, tested and accepted by the Department before incorporation in the work. Any work in which untested and unaccepted materials are used without approval or written permission of the Department shall be performed at the contractor's risk and may be considered as unacceptable and unauthorized. All materials required to be tested by a private laboratory shall be approved by the Department. Reports of such tests shall be forwarded to the Department. 106.03 - PLANT INSPECTION: The Department may undertake the inspection of materials at the source. In the event plant inspection is undertaken, the following conditions shall be met: A. The Department shall have the cooperation and assistance of the contractor and the producer with whom (s)he has contracted for materials. B. The Department shall have full entry at all times to such parts of the plant as may concern the manufacture or production of the materials being furnished. C. If required by the Department, the contractor shall arrange for an approved building for the use of the inspector, such building to be located conveniently near the plant, independent of any building used by the material producer. D. Adequate safety measures shall be provided and maintained. It is understood that the Owner reserves the right to retest all materials prior to incorporation into the work which have been tested and accepted at the source of supply after the same have been developed and to reject all materials which, when retested, do not meet the requirements of these specifications. 106.04 - UNACCEPTABLE MATERIALS: All materials not conforming to the requirements of the specification shall be considered as unacceptable and all such materials will be rejected and shall be removed immediately from the site of the work unless otherwise instructed by the Department. No rejected material, the defects of which have not been corrected, shall be used until approval has been given. SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC 107.01 - LAWS TO BE OBSERVED: The contractor shall keep fully informed of all Federal and State laws, all local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner may affect those engaged or employed on the work, or which in any way affect the conduct of the work. The Contractor shall at all times observe and comply with all such laws, ordinances, regulations, orders and decrees; and shall protect and indemnify the Owner and its representatives against any claim or liability arising from or based on the violation of any such law, ordinance, regulations, order, or decree, whether by himself /herself or his /her employees. 107.02 - PATENTED DEVICES, MATERIALS AND PROCESSES: If the contractor employs any design, device, material, or process covered by letters of patent or copyright, they shall provide for such use by suitable legal agreement with the patentee or owner. The contractor and the surety shall indemnify and save harmless the Owner, any affected third party from any and all claims for infringement by reason of the use of any such patented design, device, material, or process, or any trademark or copyright, and shall indemnify the Owner for any costs, expenses, and damages which it may be obliged to pay by reason of any infringement, at any time during the prosecution or after the completion of the work. 107.03 - PUBLIC CONVENIENCE AND SAFETY: The contractor shall comply with all applicable Federal, State, and local laws governing safety, health and sanitation. The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions, on his /her own responsibility or as the Department may determine, reasonably necessary to protect property in connection with the performance of the work covered by the contract. Materials stored upon the roadway shall be so placed and the work shall, at all times, be so conducted as to cause no greater obstruction to the traveling public than is considered necessary by the Department. 107.04 - USE OF EXPLOSIVES: When the use of explosives is necessary for the prosecution of the work, the contractor shall exercise the utmost care not to endanger life or property, including new work. The contractor shall be responsible for all damage resulting from the use of explosives. In handling explosives used during the construction of the project, the contractor shall adhere to all Federal and State laws and City ordinances regulating the purchase, transportation, storage, handling and use of such explosives. No blasting shall be done without the approval of the Department. 107.05 - CONTRACTOR'S RESPONSIBILITY FOR WORK: The performance of the contract and the work, as well as the full dollar amount of the contract, is at the risk of the contractor. The contractor shall take all responsibility of the work, and shall bear all losses from any cause whatsoever, including, but not limited to, losses resulting because of the amount or character of the work, or because the nature of the land in or on which the work is done is different from what is assumed or expected, or on account of the weather, floods, fire, windstorm, or other actions of the elements, or any cause or causes whatsoever for which the Owner is not responsible. If the work or any part or parts thereof is destroyed or damaged from any of the aforesaid causes prior to Owners final acceptance of same, the contractor, at contractor's expense, shall restore the same or remedy the damage. The Consultant or Department will provide necessary datum to begin construction, however, it shall be the responsibility of the Contractor to provide all grade stakes, etc. along with any surveying needed to produce a finished product. The Contractor will be responsible for supplying copies of all field notes gathered in determining grades, etc. during the construction of this project. SECTION 108 PROSECUTION AND PROGRESS 108.01 - ASSIGNMENT AND SUBLETTING OF CONTRACT: A. The contractor shall give his /her personal attention to the fulfillment of this contract, and shall not let, assign, or transfer it or his /his right, title, or interest in or to the same or any part thereof, by attorney or otherwise, or sublet any part of the work to any other person without the previous consent of the Owner in writing. B. Should any subcontractor fail to perform in a satisfactory manner the work undertaken by him /her, his /her subcontract shall be immediately terminated by the contractor upon notice from the Owner. The contractor shall be as fully responsible to the Owner for the acts and omissions of persons directly employed by them, as (s)he is for the acts and omissions of persons directly employed by him /her. Nothing contained in these Project Documents shall create any contractual relationship between any subcontractor and the Owner. 108.02 -TIME AND PROGRESS: A. The work shall be commenced on or after the date of the Notice to Proceed from the Owner. The contractor agrees that the work shall be prosecuted regularly, diligently, and uninterruptedly at a uniform rate of progress so as to insure completion within the number of days stated in the Bid Proposal. It is expressly understood and agreed that the said time for the completion of the work described herein is a reasonable time for the completion of the same. B. The contractor is required to furnish the Department with progress schedules, in a format approved by the Department, setting forth in detail the procedure (s)he proposes to follow, and giving the dates on which (s)he expects to start and to complete separate portions of the work. If at any time, in the opinion of the Department, proper progress is not being maintained, such changes shall be made in the schedule of operations which will satisfy the Department that the work will be completed within the period stated in the proposal. C. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise stated in the Project Documents, all Work shall be performed during regular working hours, and the Contractor will not permit overtime work or the performance of Work on Saturday, Sunday, or any legal holiday without the Owner's written consent (which will not be unreasonably withheld) given after prior written notice to the Engineer. The Contractor is to compensate the Owner for any charges incurred by the Owner for the inspection of the Work outside regular business hours. D. If the contractor shall fail to complete the work within the specified, then the contractor agrees to pay to the Owner, not as penalty, but as liquidated damages for such breach of contract, the sum specified in the Agreement for each day of failure to complete the work after the specified time set forth in the Bid Proposal. The said amount is fixed and agreed upon because of the impracticability and extreme difficulty of fixing and ascertaining the actual damage the Owner would in such event sustain. E. It is further agreed that time is of the essence of each and every portion of this contract and the specifications wherein a definite and certain time is fixed for the performance of any act whatsoever; and where under the contract an allowance of additional time for the completion of any work is made, the new time fixed by such extension shall be of the essence of this contract. F. Should the contractor be delayed in the final completion of the work by any act or neglect of the Owner or Consultant, or of any employees of either, or by strikes, injunctions, fire, or other cause or causes outside of and beyond the control of the contractor and which, in the opinion of the Department, could have been neither anticipated nor avoided, then an extension of time sufficient to compensate for the delay, as determined by the Department, shall be granted by the Owner, provided, however, that the contractor shall give the Owner and the Department notice in writing of the cause of the delay in each case within ten (10) days after the delay. G. Time extensions may be granted for unusually inclement weather occurring more often than anticipated at the project location during any given month. Anticipated weather delays (days) included in the contract period at time of award are based on the following: Monthly Anticipated Adverse Weather Delay Work Days Based on Five (5) Day Work Week JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC The contractor's progress schedule must include these anticipated adverse weather delays in all weather- dependent activities. Time extensions to the contract period will be granted only under the following conditions. 1. The delay has been documented with Owner in a timely manner and Owner agrees that the delay actually occurred, and 2. The delay affects work in progress and actually causes a delay in project performance. H. Extensions of time will not be granted for delays caused by inadequate or insufficient construction force or the failure of the contractor to place orders for equipment or materials a sufficient time in advance to insure delivery when needed. Any extension of time by the Owner shall not release the contractor and surety herein from the payment of liquidated damages for a period of time not included in the original contract or the time extension as herein provided. I. Failure to complete project within specified time, as set forth in this contract, may be grounds for disqualification for future consideration for contracts with the City of Owasso. 108.03 - CHARACTER OF WORKERS, METHODS AND EQUIPMENT: The contractor shall at all times employ sufficient labor and equipment for prosecuting the several classes of work to full completion in the manner and time required by these specifications. All workers shall have sufficient skill and experience to perform properly the work assigned to them. Workers engaged in special work or skilled work shall have sufficient experiences in such work and in the operation of the equipment required to perform all work properly and satisfactorily. Any person employed by the contractor or by any subcontractor who does not perform his /her work in a proper and skillful manner or is intemperate or disorderly shall, at the written request of the Department, be removed forthwith by the contractor or subcontractor employing such person, and shall not be employed again in any portion of the work without the approval of the Department. Should the contractor fail to remove such person or persons as required above, or fail to furnish suitable and sufficient personnel for the proper prosecution of the work, the Department may suspend the work by written notice until such orders are complied with. 108.04 - LIMITATION OF OPERATIONS: The contractor shall conduct the work at all times in such a manner and sequence to the satisfaction of the Department. (S)he shall not open up work to the prejudice or detriment of work already started. The Department may require the contractor to finish a section on which work is in progress before work is started on any additional sections if the opening of such section is in the public interest or welfare. 108.05 - CONTRACTOR'S RIGHT OF PROTEST: If the contractor considers any work demanded of him /her to be outside the requirements of the contract, or considers any record or ruling of the Department to be unfair, (s)he shall, immediately upon such work being demanded or such record or ruling being made, ask for written instructions or decisions, whereupon (s)he shall proceed without delay to perform the work or to conform to the record or ruling. Within ten (10) days after the date of receipt of written instructions or decisions, (s)he shall file a written protest with the Department, stating clearly and in detail the basis of his /her objections. Except for such protest and objections as are made of record in the manner herein specified and within the time stated, the records, rulings, instructions, or decision of the Department shall be final and conclusive. 108.06 - RIGHT OF OWNER TO TERMINATE CONTRACT: If the work to be done under this contract shall be abandoned by the contractor, or if this contract shall be assigned by him /her otherwise than as herein provided, or if the contractor should be adjudged as bankrupt, or if a general assignment of his /her assets be made for the benefit of his creditors, or a receiver should be appointed for the contractor or any of his /her property; or if at any time the Department shall certify in writing that the performance of the work under this contract is being unnecessarily delayed, or that the contractor is willfully violating any of the conditions or covenants of this contract or the specifications therefore, or that (s)he is executing the same in bad faith or otherwise not in accordance with the terms of this contract; or if the work be not substantially completed within the time named for its completion, or within the time to which such completion date may be extended then the Owner may serve written notice upon the contractor and his /her surety of said Owner's intention to terminate this contract, and unless within five (5) days after the serving of such notice upon the contractor a satisfactory arrangement is made for the continuance thereof, this contract shall cease and terminate. In the event of such termination, the Owner shall immediately serve notice thereof upon the surety and contractor, and the surety shall have the right to take over and complete the work, provided, however, that if the surety does not commence performance thereof within thirty (30) days from the date of said notice of termination, the Owner may take over the work and prosecute same to completion, by contract, or otherwise for the account and at the expense of the contractor; and the contractor and his /her surety shall be liable to the Owner for any and all cost sustained by the Owner by reason of such prosecution and completion. In such event the Owner may take possession of, and utilize in completing the work, all such materials, equipment, tools and plant as may be on the site of the work and necessary therefore. 108.07 - FINAL ACCEPTANCE: It shall be the duty of the Department to determine when the work is completed and the contract fulfilled, and to recommend its acceptance by the Owner. The work therein specified to be performed shall not be considered finally accepted until all the work has been accepted by the City of Owasso and /or Owasso Public Works Authority. SECTION 104 MEASUREMENT AND PAYMENT 109.01 - PAYMENT FOR CONTRACTOR'S PLANT AND MISCELLANEOUS ITEMS: For providing plant, tools, and equipment; for furnishing, erecting, maintaining and removing the construction plant, construction roads, camps, sanitary convenience, temporary water supply, de- watering and other temporary works; for furnishing insurance, bonds, drawings, records, payment of fees, defense of suits, and any all incidental requirements, whether or not they are enumerated in this paragraph, the contractor shall receive no direct payment. Compensation for them shall be considered as having been included in the prices stipulated for the bid items, the payment forwhich, calculated in the manner specified, shall constitute the total compensation due contractor for the performance of this contract. 109.02 - METHOD OF MEASUREMENT AND BASIS OF PAYMENT FOR ITEMS OF WORK: The contractor shall be paid for all work performed under the contract based on the Department's computations of as -built quantities and the contractor's unit price or lump sum per bid item. This payment shall be full compensation for furnishing all supplies, materials, tools, equipment, transportation, and labor required to do the work; for all loss or damage, because of the nature of the work, from the action of the elements or from any unforeseen obstruction or difficulty which may be encountered in the prosecution of the work, and for which payment is not specifically provided; for all expenses incurred by or because of any suspension or discontinuance of all or any part of the work; and for well and faithfully completing the work according to the Project Documents and the requirements of the Department. 109.03 - PAYMENTS: If the work is progressing in a satisfactory manner the Contractor shall prepare an estimate for partial payment per EXHIBIT "B" deadlines of the work completed, provided said payment is not less than $1,000.00. An estimate for partial payment shall include items actually incorporated in the work. The Owner will retain ten percent (10 %) of the amount due until in excess of fifty percent (50 %) of the contract has been completed. At that time, Owner shall pay an amount sufficient to increase total payments to ninety -five (95 %) of the contract price until the final completion and acceptance of all work included in this contract. Partial payment does not constitute acceptance of that portion of the work. Owner has complete responsibility for payment review and approval during construction. The Contractor's application for progress payments will be made on the form presented as Exhibit "A" of the Agreement and they will be submitted in accordance with the payment schedule presented as Exhibit "B" of the Agreement. When the work has been completed, the Department shall carefully measure and determine the as -built quantities of each class of work as shown in the schedule of bid items and such extra work performed by order of the Department. The aggregate cost of the work done and the materials furnished shall constitute the amount due for the completed work. All prior estimates and payments shall be subject to correction in the final estimate and payment. 109.04 - EXTRA WORK: A. When and as ordered in writing by the Department, the contractor shall do any work or furnish any materials which cannot reasonably be classified under any of the items of the contract but which may be found necessary in order to carry out and complete more fully the work herein agreed to be done and performed; and the contractor hereby agrees to accept, as full compensation for such extra work, lump sums or unit prices agreed upon in writing before said work is commenced. B. Whenever, in the judgment of the Department, it is impracticable because of the nature of the work or for any other reason to agree upon lump sums or unit prices, the extra work and materials shall be paid for at actual necessary cost as determined by the Department, plus fifteen percent (15 %), which fifteen percent (15 %) is hereby understood and agreed to include all cost of general superintendence, general expense, overhead, and profit. The actual necessary cost will include expenditures for material, labor, foremen, insurance, bond premiums, social security, and supplies furnished by the contractor, and a rental allowance for equipment, where required, to be agreed upon in writing before the work is begun, but will, in no case, include any allowance for office expense, general superintendence or other general expense. C. The contractor shall, on or before the tenth day of the month succeeding that in which any extra work shall have been performed, file with the Department an account giving the itemized cost of such extra work, and shall give the Department access to all accounts, bills, and vouchers relating thereto. In case the contractor fails to file, within the time above mentioned, such accounts for extra work, (s) he will be deemed to have performed such extra work without charge and shall be entitled to no compensation therefore. D. The contractor shall file with the Department, certified lists in duplicate, of any equipment and the schedule of pay rates for common and semi - skilled labor and operators of various classes which are intended to be used in performing the work covered by this contract. These rates shall be subject to approval of the Department for computation of extra work as mentioned above, however, if the contractor fails to file these lists with the Department prior to starting any work covered by contract, then the Department's computations shall be based on average wages and rates paid on City work. 109.05 - PAYMENT OR ACCEPTANCE NOT A WAIVER BY OWNER: Neither acceptance by the Owner or the Department, or any employee of either, nor any order by the Owner for payment of money, or the payment thereof, nor any taking of possession by Owner, nor the granting of any extension of time, shall operate as a waiver of any rights or powers of Owner hereunder, and in the event that after the work hereunder has been accepted and final payment made, it should be discovered that any part of this contract has not been fully performed or has been done in a faulty or improper manner, the contractor shall immediately remedy such defect, or in the event of neglect to do so within a reasonable time after notice thereof, shall be liable for the damage caused thereby, as Owner may elect. The acceptance of the work or final payment therefore shall be no bar to suit against the contractor or surety, or both. 109.06 - CONTRACTOR'S OBLIGATION AFTER ACCEPTANCE: Contractor further agrees without cost other than is specially provided for in this contract, at any and all times during the guaranty period following the completion and final acceptance of the work embraced in this contract, without notice from Owner, to refill all trenches or ditches that may sink or settle; and to repair all breaks or failures that may occur in the construction work due to defective material or workmanship; and to indemnify, save harmless and defend Owner from any and all suits and actions of every description brought against the Owner for, or on account of injuries or damages alleged to have been received or sustained by any party or parties by reason of, or arising out of the failure of contractor to refill all trenches or ditches; and to repair all breaks or failures of said construction work, which said injuries or damages are alleged to have been received during the guaranty period from the final acceptance of the work hereunder; and to pay any and all judgments that might be rendered against the Owner in any suits and actions, together with such expenses or attorney's fees expended or incurred by the Owner in the defense thereof. IN WITNESS WHEREOF, the parties hereby have signed this Agreement in duplicate. One counterpart has been delivered to CONTRACTOR, the other belongs to OWNER. All portions of the Project Documents have been signed by OWNER and CONTRACTOR. This Agreement will be effective on OWNER: CONTRACTOR: By Kelly Lewis, Mayor (SEAL) ATTEST: Juliann M. Stevens, City Clerk APPROVED AS TO FORM & CONTENT: Julie Trout Lombardi, City Attorney Address for giving notices: 200 South Main Street Owasso, Oklahoma 74055 (SEAL) Title TO: The Honorable Mayor and City Council FROM: Larry Langford Director of Recreation & Culture SUBJECT: Future Owasso Rams Sports Park Building Site Ground Lease DATE: September 16, 2022 BACKGROUND: In 1998, a structure was constructed in the Owasso Sports Park by the Future Owasso Rams (FOR) to serve as an office and administrative building for that organization. The approximate dimensions of the building are 40' x 80' and parking spaces are located adjacent to the structure. Prior to construction of the building, FOR and the City entered into a ground lease agreement whereby the City agreed to lease the building and the land upon which it was located to the Future Owasso Rams Youth Sports organization for a period of ten (10) years for the nominal sum of $10.00 per year. The original lease was amended in 2011, to include the grounds immediately surrounding the building, approximately 90' x 185' from the wall of the building, and specifically includes the ground area where FOR installed and maintained ground sprinklers. The Lease contains a provision that in the absence of a notice to terminate, the lease shall continue for an additional ten (10) year term. FOR recently approached the City and expressed a desire for the parties to execute a new ten (10) year lease with an amendment. PROPOSED LEASE AGREEMENT. The provisions in the proposed ground lease agreement are substantially the same as those contained in the previous lease, with one exception: If Lessor (City of Owasso) terminates agreement with Lessee (FOR), Lessor will reimburse Lessee for the building at an appraised fair - market price. The lease term remains at ten (10) years and the rent remains constant at $10.00 per year and further provides that FOR will insure the premises for at least $1,000,000.00. The agreement may be terminated by either party for any reason upon one hundred and twenty (120) days written notice to the other party. RECOMMENDATION: Staff recommends approval of the amended Future Owasso Rams Sports Park Building Site Ground Lease and authorization to execute all necessary documents. ATTACHMENT: Proposed Future Owasso Rams Sports Park Building Site Ground Lease FUTURE OWASSO RAMS SPORTS PARK BUILDING SITE GROUND LEASE THIS LEASE, executed on the _ day of ,2022, by and between the CITY OF OWASSO, OKLAHOMA, a municipal corporation, its successors and assigns, hereinafter called "LESSOR," and the FUTURE OWASSO RAMS ( "FOR ") YOUTH SPORTS, hereinafter called "LESSEE." W ITN ESS ETH: That LESSOR does hereby let and lease unto LESSEE the premises situated in the City of Owasso, County of Tulsa, and State of Oklahoma, and further described as follows: An area located at the Owasso Sports Park, Area "A," at 11 61h Street North, west of US Highway 169, and 20 feet from the existing concession stand, upon which the building constructed by Lessee with dimensions of 40 feet by 80 feet, ample parking space adjacent to the office structure and the area immediately surrounding said office building with approximate dimensions of 90 feet by 185 feet from the wall of the building, in any event, inclusive of the immediately surrounding ground area wherein Lessee has installed and maintains ground sprinklers. To have and to hold unto LESSEE for the term of ten (10) years, commencing on the day of , 2022, and ending on the day of , 2023, upon the covenants and agreements herein set forth. 1. The LESSEE hereby covenants and agrees to pay to the LESSOR as rent for said premises during the said term, the sum of Ten Dollars and no /100's ($10.00) per year upon execution of this lease and each extension hereof. Acceptance of rent for the entirety of the ten (10) year term by LESSOR shall in no way abrogate, lessen or affect the rights of the parties to terminate this lease by written notice in conformance with the provisions of Paragraph 2 below. In the event either party shall exercise its termination rights as provided in Paragraph 2 prior to expiration of the ten (10) year lease term, LESSOR shall repay to LESSEE the prorated rental amount calculated by using number of years remaining in the lease term. This lease is specifically to LESSEE for the facilitation of youth sports and shall become null and void if LESSEE no longer manages any type of youth sports in the City of Owasso, subject to the provision of section three below. 2. Maintenance of the office building facility shall be the sole obligation and responsibility of the LESSEE. LESSEE shall hold LESSOR harmless and agree to indemnify LESSOR from and against any and all claims, costs, damage, and expense, including any necessary attorney fees incurred by the LESSOR in the enforcement of this lease, Alternative Dispute Resolution fees, and costs, or loss incurred or suffered by LESSOR from all claims, damages or injuries arising out of, caused by or occurring on the premises of the office building facility and the surrounding grounds above - described and included in the premises of this lease. 3. Notwithstanding any other provision hereof to the contrary, either party hereto may terminate this Lease Agreement at any time, and for any reason, upon one hundred twenty (120) day written notice to the other party. If LESSEE so terminates, it shall forfeit all its right, title, and interest to said construction to LESSOR. If LESSOR so terminates, the parties hereto shall seek to negotiate a mutually satisfactory settlement. In the event the parties cannot agree, determination of LESSEE'S damages shall be settled by arbitration. Such arbitration shall be before three disinterested arbitrators, one named by LESSOR, one by LESSEE, and one by the two thus chosen. The arbitrators shall determine the controversy, and their determination shall be final and binding on both LESSOR and LESSEE. A fair market appraisal shall be determined of the building that was built by the Future Owasso Rams Youth Sports organization to reimburse the Future Owasso Rams Youth Sports organization in the event the LESSOR terminates agreement with LESSEE. 4. LESSOR shall not allow said premises to be used in any manner which shall unreasonably interfere with LESSEE'S occupancy and /or programs, nor which shall, in any way, cause any damage to the facility or to LESSEE'S equipment located thereon. 5. LESSEE will use and occupy said premises and appurtenances in a careful, safe, and proper manner, in accordance with the ordinances of the City of Owasso and the statutes of the State of Oklahoma; and LESSEE will not allow said premises to be used for any purpose in any way that will increase the rate of insurance thereof, nor for any purpose other than as offices to be utilized by LESSEE and for storage of FOR equipment, and nor to be occupied in whole or in part by any other persons; and will not permit liquor to be sold at wholesale or retail, or consumed on the premises; nor assign this Lease, without in each case, the written consent of LESSOR first obtained; and will not permit any transfer by operation of law of LESSEE'S interest in said premises. LESSEE shall not use the premises for any unlawful purpose or in any way that will injure the reputation of the same or disturb the neighborhood; and will not permit any substantial alteration of or upon any part of said demised premises, nor allow any sign or placard posted or placed thereon, except by written consent of LESSOR unless otherwise provided in said written consent. 6. LESSEE shall have the following duties with reference to said premises: a. to keep said premises clean, as stated herein; b. to properly use, operate, maintain, and replace, if reasonably necessary, any building constructed on the premises; c. to maintain the grounds of the lease premises in a clean, safe, and sanitary condition. 7. LESSOR may have free access to the premises at all reasonable times for the purpose of examining the same. 8. Every demand for rent due wherever and whenever made shall have the same effect as if made at the time it falls due and at the place of payment or on the premises. LESSOR may receive and collect any rent due, and such collection or receipt shall not operate as a waiver of nor affect such notice, suit, or judgment. Any notice or summons to be served by or upon behalf of LESSOR to LESSEE under this Lease may be sufficiently served by leaving such notice or summons addressed to LESSEE upon the said demised premises. 9. The LESSEE shall insure the subject premises against loss by personal injury or property damage. Such insurance shall be at LESSEE'S cost and in an amount not less than One Million Dollars ($1,000,000.00) and shall name the City of Owasso as a co- insured. A copy of the evidence of insurance shall be supplied to the City Manager of LESSOR. 10. The LESSOR shall pay any, and all property tax obligations imposed upon the property during the term of this Lease, including any increases thereon. LESSEE shall pay any taxes assessed upon the office building facility. LESSEE shall pay all utility expenses for the office 2 building facility. 11. LESSOR hereby covenants and agrees that if the LESSEE shall perform all the covenants and agreements herein stipulated to be performed on LESSEE'S part, the LESSEE shall at all times during said term have the peaceable and quiet enjoyment and possession of said premises without any manner of let or hindrance from LESSOR or any persons lawfully claiming said premises. 12. LESSOR and LESSEE mutually agree that LESSOR and LESSEE may terminate this Lease at the end of the above - stated ten (10) year term by serving written notice thereof upon the other party at least sixty (60) days prior thereto. In the absence of such notice, this Lease shall continue on the terms and conditions contained herein and in force prior to the expiration of the above - stated initial term for an additional ten (10) year term. 13. LESSEE shall hold the City of Owasso, Oklahoma, its officers, agents, employees, and independent contractors harmless and fully indemnify said City of and from any and all claims of neglect, negligence, liability for personal injury or property damage occurring during the term of this Lease, except as the some may arise from the negligence of LESSOR, LESSOR'S agents, or employees. This indemnification and hold harmless agreement shall extend to reasonable attorney's fees and costs incurred in defending itself from any claims made during the term of the Lease, including therewith Alternative Dispute Resolution Attorney's fees and costs. 14. LESSOR or LESSEE may request that the terms and provisions of this Lease be reopened upon thirty (30) days' notice in writing to the other party. Each party shall attempt, at this point, to address any such issues raised by the other, but the process of reopening or renegotiating shall not obligate either party to accept the proposal of the other party or to vary the terms of this agreement. IN WITNESS WHEREOF, the parties above have hereunto set their hands on the day and year first written above. ATTEST: CITY OF OWASSO, OKLAHOMA BY: Warren Lehr, City Manager FUTURE OWASSO RAMS Juliann M. Stevens, City Clerk F.O.R. Chair APPROVED AS TO FORM: ATTEST: Julie Lombardi, City Attorney F.O.R. Secretary TO: The Honorable Mayor and City Council FROM: Teresa Willson Information Technology SUBJECT: Replacement Software for Public Works DATE: September 16, 2022 SUMMARY INFORMATION: This memorandum is regarding replacing the Work Order and Pavement Management software systems for the Public Works Department. BACKGROUND: The Public Works Department has utilized a Work Order software system that was originally acquired in 2007. The vendor of this system notified the City in 2021, that they planned to end functional support of the software by December 31, 2023. The end of functional support means the vendor would no longer provide any functional or case assistance for the system. No functional support of a software system can result in security concerns, as well as loss of function. However, staff was later notified that the software vendor had changed their position on ending functional support of the software after several clients requested they continue because said clients were not in a position to move to a new system. By the time the City was notified of this, the search for a new system was well underway. PROJECT INFORMATION: There are several areas staff considered when evaluating whether to remain with the current system, or consider moving f a new system. • Staff desired a system that would be simplified for the creation and completion of work orders. The present system contains many fields that are not utilized by staff, and closing a work order can be cumbersome, requiring multiple steps. Staff desired a system that would integrate with the City's Geographic Information System (GIS)allowing them to see work that needed to be completed, as well as work that had been completed in map form for staff and supervisors ease of evaluation. Viewing a map of the work that needs to be completed allows staff to best utilize their time in the field. Integration with a map also allows new work requests to populate the map without staff needing to return to the Public Works Department for updates, or work to be emailed or dispatched to field personnel. • Staff desired an update to their outdated pavement management process that would integrate with the City's GIS to allow pavement conditions, street rehabilitation, and street work requests to be tracked in one system. Staff desired a system that would have improved workflow so that supervisors and field staff could communicate the status and process of work requests more efficiently. • Staff desired a system that would allow citizens and staff to have two way communication on requests and resolutions. WO Software Page 2 After considering the age of the existing system, limited enhancements that have occurred since the acquisition of the software, the likelihood the vendor would eventually end maintenance, and improvements that may result in moving to new software, staff determined it would be worthwhile to continue the search of a replacement for the Work Order and Pavement Management systems currently used by the City. After a thorough review of available options, demonstrations with several vendors, and an evaluation of the needs of the department, staff prepared a Request for Quote (RFQ). Staff then sent the RFQ to four vendors, and published on the City's website. The deadline to submit a quote was September 6, at 5:00 pm. Staff received five sealed quotes by the deadline set forth. Of the quotes received, three vendors indicated they could meet all requirements specified in the RFQ. However, after careful evaluation, it was determined that only two of the vendors were able to meet all the requirements. All quotes received were for Software as a Service (SaaS). SaaS is a hosted solution on vendor servers requiring an Internet connection to access the software system. The SaaS would not require additional servers and storage on premise to utilize this software. Below is a summary of the quotes received. Meets all requirements: iWorQ - Total Proposed Cost $50,000 Year 2 maintenance - $25,000 Streetlogix- Total Proposed Cost $72,000 Year 2 maintenance - $45,000 Does not meet all requirements: Tyler Technologies: Total proposed price: $598,529.00 Estimated travel expenses: $13,700.00 Year 2 maintenance: $117,983.00 Central Square: Total proposed solution: $136,730.00 Year 2 maintenance: $36,250.00 Nobel Systems: Total proposed solution: $24,800 Year 2 maintenance: $24,800 After a thorough review of the proposals, staff selected iWorQ, the lowest bidder to meet all the selection criteria. RECOMMENDATION: Staff recommends approval of an agreement for software services with iWorQ of Logan, Utah in the amount of $50,000.00 for work order and integrated pavement management and authorization to execute all necessary documents. ATTACHMENT: Proposal from iWorQ Request for Quote (RFQ) Work Request and Pavement Management Software Deliver to: Teresa Willson 200 S Main Owasso, Oklahoma 74055 Compiled by Ty Pebley and Devin Vogelsberg August 24, 2022 REQUEST FOR QUOTE (RFQ) WORK REQUEST AND PAVEMENT MANAGEMENT SOFTWARE The City of Owasso, Oklahoma, is soliciting quotes for Work Order (also referred to as Work Request] software, to include an integrated Pavement Management System. DEADLINE FOR SUBMISSION: The deadline for submittal is 5:00 p.m. on September 1, 2022. DELIVER RFQ TO: RFQ should be marked on the outside of the package: Work Request Software RFQ and delivered to: Teresa Willson 200 S Main Owasso, Oklahoma 74055 All questions and inquiries should be directed to Teresa Willson at 918- 376 -1514 or twillson @cilyofowasso com. All quotes must be valid until October 31, 2022, or later. PROJECT SUMMARY: The City of Owasso Public Works Department is seeking software to provide digital entry and tracking of work requests from initial creation to resolution. These work requests may be initiated by staff and citizens. In addition to software to handle work requests, the department is seeking an integrated system that provides pavement assessment and integration with the work request system to track road and pavement improvements made as a result of the assessments. If additional explanation is deemed necessary, please attach documentation referencing the Functional Requirement(s) and explanation. Please indicate whether the quoted system is Software as a Service (SaaS) On Premise Software System (If on premise, submit hardware and software specifications required to be provided by the City of Owasso) 1 Submittals will be distributed to members of City of Owasso staff for review and ranked based on the requirements within the quote. Based upon the ranking, the City of Owasso reserves the right to select the most qualified quote at the City of Owasso's discretion. Once the most qualified quote has been selected, the City of Owasso will review the proposed contract for software services with the selected vendor. If the City Of Owasso can't reach agreement with the highest ranked vendor, we may choose to negotiate a contract for software services with the next highest ranked vendor, and so on until an agreement is reached. The City of Owasso reserves the right to reject any and all submittals. 5 Functional Requirement o. Work Order System Meets Does Not Meet 2 - Ability to sort by work order number, division, staff 4 - Ability to create work order category by division, or by asset (road, sign, waterline, etc.) 6 - Ability to create contact Information by name, address, phone, and email 8 - Each work order should allow a text description of the requested service 10 - Each work order should track services or resources needed to complete the work requested 12 - Work order can be assigned by date and time of service to be performed 14 - Ability to print work orders by work order number, address or service type 2 Compiled by Devin Vogelsberg August 23rd, 2022 Open Response Sheet Note on Requirement 22: Email alerts are able to be sent, "to specific staff when a work order is past due, or nearing past due date." The functionality to send email alerts is included in the software, however, it is not an automated email alert. We will train the Owasso staff on how email alerts can be manually sent as reminders since this functionality is desired. Employees and Departments can also have custom dashboards which will allow them to see what work orders have yet to be completed. Emails can then be generated and sent out to specific employees for "past due, or nearing past due" work orders. Lastly, there are dashboard views for upcoming and past due Inspections and maintenances within iWorQ Systems. The past due items will display in red. We can also train the Owasso staff on how to utilize these features to stay on top of work that is yet to be completed. 1) Please describe the process, requirements, and extend of work order history that will be converted from the City's existing work order system to the system you are quoting. iWorQSystems will do a data conversion of the existing work order history so long as the information can be exported in digital formats such as excel. iWorQ's data team will then map the work order history into iWorQ Systems Work Management Module to the associated configurable fields within iWorQ. Any data that is not accessible by digital format, such as papers, will require Owasso to manually input that information. 2) Please describe the ability to interface the system you are quoting with field equipment such as laptops, tablets, and cell phones. Everything is coded using HTML 5. This means that whether an individual is working from a cell phone, mobile device, or laptop that the software's format will configure to the screen device that is being used. An internet connection is required. 3) Please describe training and implementation process. As mentioned in Section 3 of the IWORQ SERVICE AGREEMENT, "Customer agrees to provide the time, resources, and personnel to implement iWorQ's service(s) and application(s). iWorQwiil assign a senior account manager and an account management team to implement service(s) and application(s). Typical implementation will take less than 60 days." Additionally, your assigned Sales Account Executive for the State of Oklahoma will be on your initial "Kickoff Call" to help make the transition from the sales process to iWorQ's implementation team. Anything that was discussed during demonstrations, emails, or meetings that pertains to Owasso's expectations of a successful implementation will be conveyed to the implementation team. Special trainings will also be provided for Pavement Management once all the data from the pavement assessment and engineering service has taken place and has been imported into the software. Lastly, it is reeemmended that Owasso and iWorQ Systems agree on a 1 -hour weekly recurring meeting time for trainings for an eight -week period. For example, Tuesdays at 1pm CST starting on September 131 and ending on November 1st 2022). This will help expedite the training process and set up clear expectations for a successful implementation from the beginning. www.iworq.com IWORQ SERVICE AGREEMENT For iWorQ applications and services Owasso here after known as ( "Customer "), enters into THIS SERVICE AGREEMENT ( "Agreement ") with iWorQ Systems Inc. ( "iWorQ ") with its principal place of business 1125 West 400 North, Suite 1o2, Logan, Utah 84321. i. SOFTWARE AS A SERVICE (SaaS) TERMS OF ACCESS: iWorQ grants Customer a non - exclusive, non - transferable limited access to use iWorQ service(s), application(s) on iWorQ's authorized website for the fee(s) and terms listed in Appendix A. This agreement will govern all application(s) and service(s) listed in the Appendix A. 2. CUSTOMER RESPONSIBILITY: Customer acknowledges that they are receiving only a limited subscription to use the application(s), service(s), and related documentation, if any, and shall obtain no titles, ownership nor any rights in or to the application(s), service(s), and related documentation, all of which title and rights shall remain with iWorQ. Customer shall not permit any user to reproduce, copy, or reverse engineer any of the application(s), service(s) and related documentation. iWorQ is not responsible for the content entered into iWorQ's database or uploaded as a document or image. Access to iWorQ cannot be used to record personal or confidential information such as driver license numbers, social security numbers, financial data, credit card information or upload any images or documents considered personal or confidential. 3. TRAINING AND IMPLEMENTATION: Customer agrees to provide the time, resources, and personnel to implement iWorQ's service(s) and application(s). iWorQ will assign a senior account manager and an account management team to implement service(s) and application(s). Typical implementation will take less than 6o days. iWorQ account managers will call twice per week, provide remote training once per week, and send weekly summary emails to the customer implementation team. iWorQ can provide project management and implementation documents upon request. iWorQ will do ONE import of the Customer's data. This import consists of importing data, sent by the Customer, in an electronic relational database format. Customer must have clear ownership of all forms, letters, inspections, checklists, and data sent to iWorQ. iWorC, Systems, P.O. Box 3784, Logan, Utah, 84323 1 Data upload and storage is provided to every Customer.. This includes uploading files up to 3MB and io GB of managed data storage on AWS GovCloud. Additional upload file sizes and managed data storage sizes can be provided based on the application(s) and service(s) listed in Appendix A. 4. CUSTOMER DATA: Customer data will be stored on AWS GovCloud. iWorQ will use commercially reasonable efforts to backup, store and manage Customer data. iWorQ does backups twice per week and offsite backups twice per week. The subscription will renew each year on the anniversary date of this Agreement unless terminated (see 7. TERMINATION). Customer can run reports and export data from iWorQ application(s) at any time. Customer can pay iWorQ for additional data management service(s), onsite backups, application(s) and other service(s). Data upload and storage is provided to every Customer. This includes uploading files up to 3MB and io GB of managed data storage on AWS GovCloud. Additional upload file sizes and managed data storage sizes can be provided based on the application(s) and service(s) listed in Appendix A. 5. CUSTOMER SUPPORT: Customer support and training are FREE and available Monday- Friday, from 6:oo A.M. to 5:oo P.M. MST, for any authorized user with a login. iWorQ provides unlimited remote Customer training (through webinars), phone support, help files, and documentation. Basic support request is typically handled the same day. iWorQ provides "Service NOT Software ". 6. BILLING: iWorQ will invoice Customer on an annual basis. iWorQ will send invoice by mail and by email to the address(s) listed in Appendix A. Terms of the invoice are net 3o days. Any billing changes will require that a new Service(s) Agreement be signed by Customer. Any additional costs imposed by the Customer including business licenses, fees, or taxes will be added to the Customer's invoice yearly. 7. TERMINATION: Either party may terminate this agreement, after the initial z -YEAR TERM. without cause if the terminating party gives the other party sixty (60) days written notice, Should Customer terminate any application(s) and or service(s) the remaining balance will immediately become due. Should Customer terminate any part of the application(s) and or service(s) a new Service(s) Agreement will need to be signed. iWorQ Systems, P.O. Box 3784, Logan, Utah, 84323 1 www.iworq.com Upon termination (7. TERMINATION), iWorQ will discontinue all application(s) and or service(s) under this Agreement; iWorQ will provide customer with an electronic copy of all of Customer's data, if requested by the Customer (within 3 -5 business days). During the term of the Agreement, the Customer may request a copy of all of Customer's data for a cost of no more than $2,500; and all provisions of this Agreement will continue. 8. ACCEPTABLE USE: Customer represents and warrants that the application(s) and service(s) will only be used for lawful purposes, in a manner allowed by law, and in accordance with reasonable operating rules, and policies, terms and procedures. iWorQ may restrict access to users upon misuse of application(s) and service(s). g. CUSTOMER IMPLEMENTATION INFORMATION: Primary Implementation Contact Title Office Phone Email Secondary Implementation Office Phone Email Cell Title Cell io.CUSTOMER BILLING INFORMATION: Billing Contact Billing Address: Office Phone Email PO# Title Cell (if required) Tax Exempt ID # iWorQ Systems, P.O. Box 3784, Logan, Utah, 84323 $ www.iworq.com ACCEPTANCE: The effective date of this Agreement is listed below. Authorized representative of Customer and iWorQ have read the Agreement and agree and accept all the terms. Signature Printed Name Title Office Number Cell Number Effective Date: iWorQ Systems, P.O. Box 3784, Logan, Utah, 84323 a www.iworq.com iWorQ Service(s) Agreement APPENDIX A iWorQ Systems, P.O. Box 3784, Logan, Utah, 84323 a www.iworq.com iWorQ Price Proposal Owasso Population- 38,240 zoo S Main Owasso, OK 74055 Prepared by: Devin Vogelsberg and Ty Pebley Annual Subscription Fees Application(s) and Service(s) Package Price Balling Public Works Package (Infrastructure) $20,000 Annual Package includes: *Work Management *Sign Management *Pavement Management *Water Management *Sewer Management - Available on any computer, tablet, or mobile device -Track and manage work and asset(s) by location using OpenStreetMap -Work order scheduling and templates -Track labor, inventory, parts, and material -Track MUTCD, condition, reflectivity, etc. -Track manholes, hydrants, valves, lines etc. -Track pavement condition, distress, treatments, etc. -Track pumps, manholes, and collection sub - assets - Includes Premium Data Package 25MB uploads /1ooGB total storage GIS RestServices Public Works -iWorQ will publish your agency's WMS layers in iWorQ Public Works applications via Rest Services. iWorQ will update asset attribute data weekly: Water Management Includes: hydrants, valves, and lines Sewer Management Includes: manholes, pumps, and lines Additional attribute data for each capital asset is $500 annually. *Note: If configuration changes (i.e. FPP location, name format, field changes, or interval for published updates) iWorQ will charge a minimum fee of $5oo with each additional hour $250 to accommodate new configuration changes. iWorQ Systems, P.O. Box 3784, Logan, Utah, 84323 Citizen Engagement Package $5,000 Annual Package includes: *Citizen Engagement Drive citizen satisfaction, streamline communication and reduce overhead costs with a public portal and a mobile application for Android and iOS. Allow citizens & employees to submit problems, including photos and locations, find answers, links to agency website, and seamlessly access those items in the iWorQ software. Includes premium data package (25mb file upload size and ioogb total storage). Stormwater Package Included Annual Package includes: -Work Management -SWPP Permit Management - Capital Asset Management - Available on any computer, tablet, or mobile device using Chrome browser - Track work orders and maintenance history for MS4 compliance - Track location using asset management with OpenStreetMap - Issue permits (SWPP) - Track inspections and compliance - Manage and reduce illicit discharge - Free forms, letters, and / or permits utilizing iWorQ's template library, and up to 3 custom letters / forms. Subscription Fee Total (This amount will be invoiced each year) $25,000 Annual iWorQ Systems, P.O. Box 3784, Logan, Utah, 84323 a www.iworq.com One -Time Setup, GIS integration, and Data Conversion Fees Service(s) Full Price Cost Package Price $filling Implementation and Setup cost year 1 $15,0ee gi5,eee Included Year One Up to 5 hours of GIS integration and data conversion $1,000 Included Year One Data Conversion $wee Included Year One One -Time Setup Total (This amount will be added year 1) Saegee Included Year One Grand Total Due Year 1 $40,000 $25,000 Year One NOTES AND SERVICE DESCRIPTION I. Invoice for the (Annual Subscription Fee Total + One -Time Total) will be sent out z weeks after signature and Effective Date II. This subscription Fee and Agreement have been provided at the Customer's request and is valid until October 31", 2022 III. This cost proposal cannot be disclosed or used to compete with other companies. IV. The annual fees and services listed above are fixed for a term of 3 years. After such time the agreement will remain on a year -to -year basis with annual increases not to exceed 5% iWorQ Systems, P.O. Box 3784, Logan, Utah, 84323 a PublicWorksl Agreement - Optional For Asset & Data Tracking Services Owasso here after known as ( "Customer "), enters into THIS SERVICE (S) AGREEMENT ( "Agreement ") with PublicWorksl Inc. ( "PW 1 ") with its principal place of business 1125 West 400 North, Suite 102, Logan, Utah 84321. Recitals Whereas the Customer is seeking onsite data collection services, provided by Public Works 1. Whereas the Customer is seeking technical support and software provide by iWorQ Systems Inc. Therefore, in consideration of the mutual promises contained in this agreement, the parties agree as follows: 1. Data Tracking Services PW 1 will send staff member(s) onsite to track requested street -level imagery, assets, and GPS data points utilizing our Trimble MX7 high resolution camera and / or a pavement condition assessment if requested. The price in Appendix A is based on the mileage provided by the Customer. The data collected will be uploaded and linked inside iWorQ's web -based application(s). 2. Customer Responsibility Customer agrees to provide the time, resources, and personnel to assist in scheduling and completing the onsite project, and to implement iWorQ's service(s) and application(s). iWorQ will assign a senior account manager and an account management team to implement service(s) and application(s). Typical implementation will take less than 60 days. iWorQ account managers will call twice per week, provide remote training once per week, and send PublicWorksi P.O. Box 3784, Logan UT 84321 weekly summary emails to the implementation team. iWorQ can provide project management and implementation document upon request. 3. Customer Data & Software Terms of Access Customer acknowledges that an iWorQ Service(s) Agreement is required in conjunction with this agreement for a term of 5 years, and that customer is authorized to access and track the converted PW 1 data in the associated iWorQ software applications. Customer data will be stored on AWS GovCloud. iWorQ will use commercially reasonable efforts to backup, store and manage Customer data. iWorQ does backups twice per week and offsite backups twice per week. The subscription will renew each year on the anniversary date of this Agreement unless terminated (see 5. TERMINATION). Customer can run reports and export data from iWorQ application(s) at any time. Customer can pay iWorQ for additional data management service(s), onsite backups, application(s) and other service(s). Street Level imagery is provided through iWorQ. Street Level imagery (360 Degree JPG) will not be downloadable through iWorQ. PW1 will make the imagery publicly available. 4. Billing: PW 1 will invoice Customer after the team has come onsite and completed the data collection and /or assessment. The invoice will be generated and sent 2 weeks after the field work has been completed. PW 1 will send invoice by mail and by email to the address listed in Appendix A. Terms of the invoice are net 30 days. Any billing changes will require that a new Service Agreement be signed by Customer. 5. TERMINATION: Either party may terminate this agreement, after the initial 3 -YEAR TERM. without cause if the terminating party gives the other party sixty (60) days written notice. Either party may terminate the iWorQ Service(s) agreement, after the initial 3 -YEAR TERM, without cause if the terminating party gives the other party sixty (60) days written notice. IF terminated prior to the initial TERM, the full amount for the remaining portion of the TERM will be due immediately. Should Customer terminate any iWorQ application(s) and or service(s) the remaining balance will immediately become due. Should Customer terminate any part of the application(s) and or service(s) a new Service(s) Agreement will need to be signed. PublicWorksi P.O. Box 3784, Logan UT 84321 Termination will discontinue all application(s) and or service(s) under this Agreement; iWorQ will provide customer with an electronic copy of all of Customer's data, if requested by the Customer (within 3 -5 business days). During the term of the Agreement, the Customer may request a copy of all of Customer's data for a cost of no more than $2500; and all provisions of this Agreement will continue. 6. CUSTOMER SUPPORT: Customer support and training are FREE and available Monday- Friday, from 6:00 A.M. to 5:00 P.M. MST, for any authorized user with a login. iWorQ provides unlimited remote Customer training (through webinars), phone support, help files, and documentation. Basic support request is typically handled the same day. iWorQ provides "Service NOT Software ". 7. ACCEPTABLE USE: Customer represents and warrants that the applications and services will only be used for lawful purposes, in a manner allowed by law, and in accordance with reasonable operating rules, and policies, terms and procedures. iWorQ may restrict access to users upon misuse of applications and services. 8. INSURANCE: PW1 has General Liability, Errors and Omissions and Commercial Automobile insurance. An insurance declaration can be provided upon request. If the Customer needs additional insurance limits, the Customer agrees to pay those costs. If the Customer wants to be listed as and additional insured, the cost is $2500 additional for the project and $500 annually for the iWorQService(s) agreement. PublicWorksi P.O. Box 3784, Logan UT 84321 9. CUSTOMER IMPLEMENTATION INFORMATION: Primary Implementation Contact_ Office Phone Cell Secondary Implementation Office Phone Cell io. CUSTOMER BILLING INFORMATION: Billing Office Phone PO# Cell Title Email Title Email Title Email (if required) Tax Exempt ID # IWorY Gipum cwomrmi ii. ACCEPTANCE: The effective date of this Agreement is listed below. Authorized representative of Customer and iWorQ have read the Agreement and agree and accept all the terms. Signature Effective Date: Printed Name Title Office Number Cell Number PublicWorksi P.O. Box 3784, Logan UT 84321 PublicWorksl Service(s) Agreement PublicWorksi P.O. Box 3784, Logan UT 84321 Owasso Centerline Miles: 248 -300 200 S Main Owasso, OK 74055 Prepared by: Joel Perkins & Devin Vogelsberg Service & Travel Fees Tri- Annual Pavement Condition Assessment $20,000 Recommended Package includes: Every 3 Years A pavement segment inventory with a unique id associated to the Owasso, OK Agency, State centerline file. -A pavement distress identification based on remaining service life (RSL), and the SHRP distress (alligator, transverse, edge, patching, and potholes, longitudinal). A condition for each segment - A network pavement condition distribution A recommended treatment for each pavement segment A complete data set entering into the iWorq Pavement Management application - The information and data required for budgeting and planning - Collected images will be uploaded to image viewer within associated module. - Track and manage maintenance history - OpenStreetMap with point and line layers Data Collection and Asset Conversion $15;090 One -Time Package includes: Included - Trimble MX7 Image Collection -Data Conversion - Presented /Delivered Data Shapefile for the following assets: i. Hydrants 2. Signs Travel Expenses sie,eee One -Time $5,000 Services Total (This amount will be invoiced once) $25,000 One -Time Total PublicWorksi P.O. Box 3784, Logan UT 84321 NOTES & SERVICE(S) DESCRIPTION I. Invoice for the Service(s) will be sent out 2 weeks after the field work has been completed Il. This Agreement has been provided at the Customer's request and is valid until October 31�, 2022 III. The discounts and services offered in this agreement are contingent upon receiving a signed and executed iWorQ Systems Public Works Software Agreement. Data collected from these services will be uploaded and imported into iWorC.Systems for Owasso, OK. IV. This cost proposal cannot be disclosed or used to compete with other companies. PublicWorksi P.O. Box 3784, Logan UT 84321 TO: The Honorable Mayor and City Council FROM: Alexa Beemer, AICP City Planner SUBJECT: Ordinance 1197, Annexation (OA 22 -01)- Right -of -Way along 1 16th Street North DATE: September 16, 2022 BACKGROUND: The Community Development Department is submitting for City Council consideration and action the annexation of properties located along East 1161h Street North, between Garnett Road and North 129th East Avenue. The subject properties are comprised entirely of City -owned right -of -way parcels, comprising approximately 6.35 acres of land. The subject property is zoned both Agriculture (AG) and Commercial Shopping (CS) within Tulsa County. SUBJECT PROPERTY /PROJECT DATA: Property Size 6.35 acres +/- Current Zoning Agriculture (AG); Commercial Shopping (CS) In Tulsa Count Proposed Zoning Upon Annexation Agriculture AG Land Use Master Plan N/A Within PUD? No Within Overlay District? No Water Provider City of Owasso; Washington County Rural Water District # 3 Applicable Paybacks assessed at Platting) N/A ANALYSIS: • The subject property is comprised of seventeen (17) individual parcels of City -owned right -of -way. All individual parcels are contiguous with the current Owasso City limits. • All of the parcels will be used as public right -of -way containing roadway, sidewalks, and utilities. The parcels are not "developable ". • Typically, property is assigned a zoning of Agriculture (AG) by default upon annexation, retains the County's corresponding zoning designation under the Owasso Zoning Code, . or seeks a concurrent rezoning based on what the GrOwasso 2035 Land Use Master Plan prescribes. In this case, the City staff is requesting the subject property be annexed and assigned a zoning of AG by default, pursuant to Oklahoma State Statute. • The GrOwasso 2035 Land Use Master Plan does not identify a future land use designation for the subject property, as it is right -of -way. • The City is seeking to annex these right -of -way parcels, as the i 16th St Widening Project for this street corridor is set to begin in the near future. All of the parcels comprising the subject property will be involved in said City -led construction project. Page 2 Ordinance 1197, OA 22 -01 • The City of Owasso will provide police, fire, and ambulance services to the property upon annexation. SURROUNDING LAND USE: Direction *Zoning Use *Land Use Plan Jurisdiction Agriculture - Residential (AG- Retail; Commercial; North R); Commercial Shopping Residential; Residential; Tulsa County; (CS); Public Facilities (PF); Vacant Transitional; City of Owasso Agriculture AG Public /Institutional Agriculture - Residential (AG- Retail; Commercial; South R); Commercial Shopping Residential; Residential; Tulsa County; (CS); Public Facilities (PF); Vacant Transitional; City of Owasso Agriculture AG Public /Institutional Agriculture - Residential (AG- Retail; Commercial; East R); Commercial Shopping Residential; Residential; Tulsa County; (CS); Public Facilities (PF); Vacant Transitional; City of Owasso Agriculture AG Public /Institutional Agriculture - Residential (AG- etail; Commercial; West R); Commercial Shopping ) Aping Residential; Residential; Tulsa County; (CS); Public facilities (PF); Vacant Transitional; City of Owasso Agriculture (AG) Public /Institutional *Because the subject property is comprised of multiple individual parcels, the adjacent Zoning /Land Use Designation for each individual parcel will vary. PLANNING COMMISSION: The Owasso Planning Commission voted 3 -0 to recommend approval of annexation request OA 22 -01 at their regular meeting on September 12, 2022. RECOMMENDATION: Staff recommends adoption of Ordinance 1197. ATTACHMENTS: Ordinance 1197 Zoning Map GrOwasso 2035 Land Use Master Plan Map Property Exhibit CITY OF OWASSO, OKLAHOMA ORDINANCE 1197 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING INTO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY, REFERENCED IN APPLICATION OA 22 -01 AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WHEREAS, public hearings have been held regarding the annexation of the right -of -way property located along East l 16th Street North, between Garnett Road and North 129th East Avenue; and, WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission, and all statements for or against the requested annexation of the property referenced in applications OA 22 -01. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION 1. A tract of land located In the Southwest Quarter of the Southwest Quarter (SW /4 SW /4) of Section Five (5) of Township Twenty -one (21) North and Range Fourteen (14) East of the Indian Base and Meridian (I.B. &M.), according to the U.S. Government Survey, thereof, Tulsa County, State of Oklahoma; being more particularly described as follows: Commencing at the SW corner of the SW /4 of Sec. 5, T -21 -N, R -14 -E, I.B. &M.; Thence N 01°08'37" W along the west line of said SW /4 a distance of 50.00 feet to the Point of Beginning; Thence N 01°08'37" W along the west line of said SW /4 a distance of 266.00 feet: Thence N 88°51'08" E a distance of 59.00 feet; Thence S 01°08'37" E a distance of 225.89 feet: Thence along a curve to the left having a radius of 25.00 feet, a central angle of 90°04'27 ", a chord bearing of S 46°10'50" E, a chord length of 35.38 feet, for a distance of 39.30 feet; Thence N 88°46'56" E a distance of 262.97 feet; Thence S 01°08'37" E a distance of 65.00 feet to the south line of said SW /4: Thence S 88°46'56" W along the south line of said SW /4 a distance of 297.00 feet; Thence N 01°08'37" W a distance of 30.00 feet; Thence N 46°10'50" W a distance of 28.28 feet: Thence S 88°46'56" W a distance of 30.00 feet to the Point of Beginning, and containing 0.808 acres, more or less. AND A tract of land located in the Southwest Quarter of the Southwest Quarter (SW /4 SW /4) of Section Five (5) of Township Twenty -one (21) North and Range Fourteen (14) East of the Indian Base and Meridian (I.B. &M.), according to the U.S. Government Survey, thereof, Tulsa County, State of Oklahoma; being more particularly described as follows: Commencing at the SW corner of the SW /4 of said Sec. 5, T -21 -N, R -14 -E, I.B. &M.; Thence N 88°46'56" E along the south line of said SW /4 a distance of 347.00 feet to the Point of Beginning; Thence N 01°08'37" W a distance of 65.00 feet; Thence N 88°46'56" E a distance of 11.00 feet; Thence S 01°08'37" E a distance of 65.00 feet to the south line of said SW /4; Thence S 88°46'56" W a distance of 11.00 feet to the Point of Beginning, and containing 0.019 acres, more or less. Ordinance 1197 Page 1 of 7 AND A tract of land located in the Southwest Quarter of the Southwest Quarter (SW /4 SW /4) of Section Five (5) of Township Twenty -one (21) North and Range Fourteen (14) East of the Indian Base and Meridian (I.B. &M.), according to the U.S. Government Survey, thereof, Tulsa County, State of Oklahoma; being more particularly described as follows: Commencing at the SW corner of the SW /4 of said Sec. 5, T -21 -N, R -14 -E, I.B. &M.; Thence N 88°46'56" E along the south line of said SW /4 a distance of 358.00 feet to the Point of Beginning; Thence N 01°08'37" W a distance of 60.00 feet; Thence N 88°46'56" E a distance of 500.00 feet; Thence S 01°08'37" E a distance of 60.00 feet to the south line of said SW /4 ; Thence S 88°46'56" W a distance of 500.00 feet to the Point of Beginning, and containing 0.689 acres, more or less. AND A tract of land located in the Southeast Quarter of the Southwest Quarter (SE /4 SW /4) of Section Five (5) of Township Twenty -one (21) North and Range Fourteen (14) East of the Indian Base and Meridian (I.B. &M.), according to the U.S. Government Survey, thereof, Tulsa County, State of Oklahoma; being more particularly described as follows: Commencing at the SE corner of the SW /4 of Sec. 5, T -21 -N, R -14 -E, I.B. &M.; Thence S 88°46'56" W along the south line of said SW /4 a distance of 927.70 feet to the Point of Beginning; Thence S 88°46'56" W a distance of 21.54 feet to the SW corner of the E/2 W/2 SE /4 of said SW /4; Thence N 01°16'26" W along the west line of said E/2 W/2 SE /4 SW /4 a distance of 60.00 feet; Thence N 88°46'56" E a distance of 21.54 feet; Thence S 01°16'26" E a distance of 60.00 feet to the Point of Beginning, and containing 0.030 acres, more or less. AND A tract of land located in the Southeast Quarter of the Southwest Quarter (SE /4 SW /4) of Section Five (5) of Township Twenty -one (21) North and Range Fourteen (14) East of the Indian Base and Meridian (I.B. &M.), according to the U.S. Government Survey, thereof, Tulsa County, State of Oklahoma; being more particularly described as follows: Commencing at the SE corner of the SW /4 of Sec. 5, T -21 -N, R -14 -E, I.B. &M.; Thence S 88°46'56" W a distance of 331.90 feet to the Point of Beginning being the SE corner of the W/2 E/2 SE /4 of said SW /4; Thence S 88°46'56" W a distance of 331.89 feet to the SW corner of said W/2 E/2 SE /4 SW /4; Thence N 01°16'26" W along the west line of said W/2 E/2 SE /4 SW /4 a distance of 60.00 feet; Thence N 88°46'56" E a distance of 331.87 feet to the east line of said W/2 E/2 SE /4 SW /4; Thence S 01°1739" E a distance of 60.00 feet to the Point of Beginning, and containing 0.457 acres, more or less. AND A tract of land located in the Southeast Quarter of the Southeast Quarter (SE /4 SE /4) of Section Five (5) of Township Twenty -one (21) North and Range Fourteen (14) East of the Indian Base and Meridian (I.B. &M.), according to the U.S. Government Survey, thereof, Tulsa County, State of Oklahoma; being more particularly described as follows: Ordinance 1197 Page 2 of 7 Commencing at the SE corner o f f he SE /4 of Sec. 5, T -21 -N, R -14 -E, I.B. &M.; Thence S 88°46'34" W along the south line of said SE /4 a distance of 615.27 feet to the Point of Beginning; Thence S 88°46'34" W along the south line of said SE /4 a distance of 239.74 feet; Thence N 01°28'33" W a distance of 60.00 feet; Thence N 88°46'34" E a distance of 240.00 feet; Thence S 01°13'26 "E a distance of 60.00 feet to the Point of Beginning, and containing 0.330 acres, more or less. AND PERMANENT RIGHT -OF -WAY as platted in Plat No. 5951, Hope Chapel, and further described as the Northernmost 60' of the East half (E /2) of the Northwest Quarter of the Northwest Quarter of the Northwest Quarter (NW /4 NW /4 NW /4) of Section 8, T -21 -N, R -14 -E, of the Indian Base and Meridian, Tulsa County, Oklahoma, According to the United States Government survey thereof. AND A tract of land located in the Northwest Quarter (NW /4) of the Northwest Quarter (NW /4) of Section Eight (8) of Township Twenty -one (21) North and Range Fourteen (14) East of the Indian Base and Meridian (I.B. &M.), according to the U.S. Government Survey, thereof, Tulsa County, State of Oklahoma; being more particularly described as follows: Commencing at the NW corner of the NW /4 of Sec. 8, T -21 -N, R -14 -E, I.B. &M.; Thence N 88°46'56" E along the north line of said NW /4 a distance of 663.80 feet to the Point of Beginning; Thence N 88°46'56" E along said north line a distance of 89.00 feet; Thence S 01°23'08" E a distance of 50.00 feet; Thence N 88°46'56" E a distance of 196.20 feet; Thence S 01°23'17" E a distance of 10.00 feet; Thence S 88°46'56" W a distance of 285.20 feet; Thence N 01°23'08" W a distance of 60.00 feet to the Point of Beginning, and containing 0.168 acres, more or less. AND A tract of land located in the Northeast Quarter of the Northwest Quarter of the Northwest Quarter (NE /4 NW /4 NW /4) of Section Eight (8) of Township Twenty -one (21) North and Range Fourteen (14) East of the Indian Base and Meridian (I.B. &M.), according to the U.S. Government Survey, thereof, Tulsa County, State of Oklahoma; being more particularly described as follows: The northerly 50 feet of the following described tract of land, to wit: Beginning at a point on the North boundary line of Section 8, Township 21 North, Range 14 East, 89 feet east of the Northwest Corner of the NE /4 of the NW /4 of the NW /4 of said Section 8; Thence Easterly along the North Boundary of said Section 8, a distance of 400 feet to a point; Thence at right angles in a Southerly direction of 327 feet to a point; Thence at right angles in a Westerly direction 400 feet to a point; Thence at right angles in a Northerly direction 327 feet to the Point of Beginning, all in the NE /4 of the NW /4 of the NW /4 of Section 8, Township 21 North, Range 14 East, of the Indian Base and Meridian, Tulsa County, Oklahoma, according to the U.S. Government Survey. AND Ordinance 1197 Page 3 of 7 A tract of land located in the Northwest Quarter of the Northwest Quarter (NW /4 NW /4) of Section Eight (8) of Township Twenty -one (21) North and Range Fourteen (14) East of the Indian Base and Meridian (I.B. &M.), according to the U.S. Government Survey, thereof, Tulsa County, State of Oklahoma; being more particularly described as follows: Commencing at the NW corner of the NW /4 of Sec. 8, T -21 -N, R -14 -E, I.B. &M.; Thence N 88°46'56" E along the north line of said NW /4 a distance of 1152.80 feet to the Point of Beginning; Thence N 88°46'56" E along said north line a distance of 81.40 feet; Thence S 01°23'08" E a distance of 60.00 feet; Thence S 88°46'56" W a distance of 285.20 feet; Thence N 01°2317" W a distance of 10.00 feet; Thence N 88°46'56" E a distance of 203.80 feet; Thence N 01°23'08" W a distance of 50.00 feet to the Point of Beginning, and containing 0.159 acres, more or less. AND A tract of land located in the Northwest Quarter (NW /4) of Section Eight (8) of Township Twenty -one (21) North and Range Fourteen (14) East of the Indian Base and Meridian (I.B. &M.), according to the U.S. Government Survey, thereof, Tulsa County, State of Oklahoma; being more particularly described as follows: Commencing at the NW corner of the NW /4 of Sec. 8, T -21 -N, R -14 -E, I.B. &M.; Thence N 88 146'56" E along the north line of said NW /4 a distance of 1234.20 feet to the Point of Beginning; Thence N 88°46'56" E along said north line a distance of 337.19 feet; Thence S 01°18'28" Ea distance of 60.00 feet; Thence S 88°46'56" W a distance of 337.11 feet; Thence N 01°23'08" W a distance of 60.00 feet to the Point of Beginning, and containing 0.464 acres, more or less. AND A tract of land located in the Northeast Quarter of the Northwest Quarter (NE /4 NW /4) of Section Eight (8) of Township Twenty -one (2 1) North and Range Fourteen (14) East of the Indian Base and Meridian (I.B. &M.), according to the U.S. Government Survey, thereof, Tulsa County, State of Oklahoma; being more particularly described as follows: Commencing at the NE corner of the NW /4 of Sec. 8, T -21 -N, R -14 -E, I.B. &M.; Thence S 88°46'56" W along the north line of said NW /4 a distance of 663.80 feet to the Point of Beginning, being the NE corner of the NW /4 NE /4 of said NW /4; Thence S 01°19'24" E along the east line of said NW 14 NE /4 NW /4 a distance of 60.00 feet; Thence S 88°46'56" W a distance of 360.02 feet; Thence N 01°18'29'W a distance of 60.00 feet to the north line of said NW /4; Thence N 88°46'56" E a distance of 360.00 feet to the Point of Beginning, and containing 0.496 acres, more or less. A tract of land located in the Northeast Quarter (NE /4) of Section Eight (8) of Township Twenty -one (21) North and Range Fourteen (14) East of the Indian Base and Meridian (I.B. &M.), according to the U.S. Government Survey, thereof, Tulsa County, State of Oklahoma; being more particularly described as follows: Ordinance 1197 Page 4 of 7 Commencing at the NW corner of the NE /4 of Sec. 8, T -21 -N, R -14 -E, I.B. &M.; Thence S 01°17'30" E along the west line of said NE /4 a distance of 30.00 feet to the Point of Beginning; Thence N 88°46'34" E parallel with the north line of said NE /4 a distance of 633.74 feet to the present right -of -way of North 123rd East Avenue; Thence S 01°15'56" E along said present right -of -way a distance of 30.00; Thence S 88°46'34" W a distance of 633.73 feet to the said west line; Thence N 01°17'30" W a distance of 30.00 feet to the Point of Beginning, and containing 0.436 acres, more or less. AND Twenty -one (21) North and Range Fourteen (14) East of the Indian Base and Meridian (I.B. &M.), according to the U.S. Government Survey, thereof, Tulsa County, State of Oklahoma; being more particularly described as follows: Commencing at the NW corner of the NE /4 of Sec. 8, T -21 -N, R -14 -E, I.B. &M.; Thence N 88°46'34" E along the north line of said NE /4 a distance of 693.78 feet to the Point of Beginning; Thence N 88°46'34" E along said north line a distance of 432.00; Thence S 01°15'42" E a distance of 60.00; Thence S 88°46'34" W a distance of 432.00 feet to the present right -of- way of North 123rd East Avenue; Thence N 01°15'42" W along said present right -of -way a distance of 60.00 feet to the Point of Beginning, and containing 0.595 acres, more or less. AND A tract of land located in the Northeast Quarter (NE /4) of Section Eight (8) of Township Twenty -one (21) North and Range Fourteen (14) East of the Indian Base and Meridian (I.B. &M.), according to the U.S. Government Survey, thereof, Tulsa County, State of Oklahoma; being more particularly described as follows: Commencing at the NW corner of the NE /4 of Sec. 8, T -21 -N, R -14 -E, I.B. &M.; Thence N 88°46'34" E along the north line of said NE /4 a distance of 1327.55 feet to the Point of Beginning; Thence N 88°46'34" E along said north line a distance of 165.00; Thence S 01°13'50" E a distance of 60.00; Thence S 88°46'34" W a distance of 165.00 feet; Thence N 01°13'50" W a distance of 60.00 feet to the Point of Beginning, and containing 0.227 acres, more or less. AND A tract of land located in the Northeast Quarter (NE /4) of Section Eight (8) of Township Twenty -one (21) North and Range Fourteen (14) East of the Indian Base and Meridian (I.B. &M.), according to the U.S. Government Survey, thereof, Tulsa County, State of Oklahoma; being more particularly described as follows: Commencing at the NW corner of the NE /4 of Sec. 8, T -21 -N, R -14 -E, I.B. &M.; Thence N 88°46'34" E along the north line of said NE /4 a distance of 1492.55 feet to the Point of Beginning; Thence N 88°46'34" E along said north line a distance of 165.00; Thence S 01°13'50" E a distance of 60.00; Thence S 88°46'34" W a distance of 165.00 feet; Thence N 01°13'50" W a distance of 60.00 feet to the Point of Beginning, and containing 0.227 acres, more or less. Ordinance 1197 Page 5 of 7 AND A tract of land located in the Northeast Quarter (NE /4) of Section Eight (8) of Township Twenty -one (21) North and Range Fourteen (14) East of the Indian Base and Meridian (I.B. &M.), according to the U.S. Government Survey, thereof, Tulsa County, State of Oklahoma; being more particularly described as follows: Commencing at the NW corner of the NE /4 of Sec. 8, T -21 -N, R -14 -E, I.B. &M.; Thence N 88°46'34" E along the north line of said NE /4 a distance of 1657.55 feet to the Point of Beginning; Thence N 88°46'34" E along said north line a distance of 292.55; Thence S 01°10'08" E a distance of 60.00; Thence S 88°46'34" W a distance of 292.49 feet; Thence N 01°13'50"W a distance of 60.00 feet to the Point of Beginning, and containing 0.403 acres, more or less. The same are hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, and its corporate limits. All persons residing therein, and all property situated thereon, shall be subject to the jurisdiction, control, laws, and ordinances of the City of Owasso, Oklahoma, in all respects and particulars. SECTION 2. From and after the passage and publication of this Ordinance, the real estate and territory described above shall be a part of the City of Owasso, Oklahoma, and in Ward 1. SECTION 3. All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION 4. 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 S. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION 6. 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 of the territory annexed. ADOPTED this 20th day of September, 2022. ATTEST: Juliann M. Stevens, City Clerk (SEAL) APPROVED AS TO FORM: Julie Lombardi, City Attorney Ordinance 1197 Page 6 of 7 Kelly Lewis, Mayor features on the ground. Feet 08 21 -14 Aerial Photo Date: 202012021 oa 22-01 surrounding zoning Land Use Master Plan OA 22-01 TO: The Honorable Mayor and City Council FROM: Alexa Beemer, AICP City Planner SUBJECT: Resolution 2022 -14, Request for Consent to Annex Right -of -Way Along East 116th Street DATE: September 16, 2022 BACKGROUND: In July of 2022, construction commenced on roadway improvements involving right -of -way (ROW) located along East 116th Street North, between Garnett Road and North 129th East Avenue. Many of the ROW parcels involved in this project are not annexed into the City of Owasso's Corporate Limits. Further, Tulsa County still retains ownership of seven (7) of the twenty - four (24) total parcels that need to be annexed. The City of Owasso initiated the annexation process for the seventeen (17) City -owned parcels in August of 2022. Tulsa County representatives indicated that they are willing to consent to the annexation of the County -owned parcels. As such, both the City and the County would need to adopt Resolutions, officially stating the City of Owasso's intent to annex and eventually take ownership of the County -owned ROW parcels. PROPOSED RESOLUTION: City Staff is bringing forward a Resolution for City Council consideration, formally requesting permission to annex the Tulsa County -owned ROW parcels. A similar Resolution, stating that Tulsa County will agree with the annexation request, is to be presented to the Tulsa County Board of County Commissioners at their regular meeting on September 26, 2022. If both Resolutions are passed, staff anticipates bringing an annexation request for the Tulsa County -owned parcels before City Council in November of 2022. RECOMMENDATION: Staff recommends approval of Resolution 2022 -14, requesting consent from the Tulsa County Board of County Commissioners to annex portions of East 116th Street North. ATTACHMENTS: Resolution 2022 -14 Aerial Map RESOLUTION NO. 2022 -14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, REQUESTING THAT THE TULSA COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT TO ANNEXATION OF PORTIONS OF EAST 116TH STREET NORTH, LOCATED BETWEEN NORTH GARNETT ROAD AND NORTH 129TH EAST AVENUE; AND AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO TAKE ALL ACTIONS NECESSARY TO FACILITATE THE ANNEXATION, INCLUDING TO PROVIDE LEGAL NOTICE, ALL IN ACCORDANCE WITH STATE STATUTE WHEREAS, the City of Owasso (the "City ") is in the process of making roadway and related appurtenant improvements to East 1 16th Street North (the "Roadway "); and WHEREAS, portions of the Roadway are located in the unincorporated areas of Tulsa County; and WHEREAS, Tulsa County representatives have indicated their willingness to recommend that the Tulsa County Board of County Commissioners (the 'Board ") permit annexation of necessary portions of the Roadway by the City and, following annexation, to deed its interests in the Roadway to the City; and WHEREAS, the portions of the Roadway owned and under the control of Tulsa County and located within the unincorporated areas are shown on the attached Exhibit "A," and identified by parcels numbered as T2, T3, T4a, T4b, T5, T6, and T7; and WHEREAS, the City Council of the City of Owasso desires to annex the relevant portions of the Roadway and then to obtain ownership of the real property from Tulsa County; and WHEREAS, the proposed actions are in the best interests of the citizens of the City of Owasso, and the health, safety, and welfare of the community and the traveling public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT the Tulsa County Board of County Commissioners is hereby requested to consent to annexation of portions of East 1 16th Street North, located between North Garnett Road and North 129th East Avenue, as shown on the attached Exhibit "A," and identified by parcels numbered as T2, T3, T4a, T4b, T5, T6, and T7. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the City Manager and the City Attorney are authorized to take all actions necessary to facilitate the annexation, including to provide legal notice, all in accordance with state statute. DATED this 201h day of September, 2022. Kelly Lewis, Mayor ATTEST: Juliann M. Stevens, City Clerk Approved as to form: Julie Lombardi, City Attorney BACKGROUND: On April 5, 2022, the Owasso City Council approved an agreement with K +D Architects for architecture, design and engineering services for the Owasso Police Department Firearms Range Shoothouse and Multiuse Structure. The approved contract amount was $43,250, however, additional expenses were anticipated for sub - contracted items with an undefined scope. At the time of the approval, those additional expenses were estimated to be: Civil Engineering $10,000 Soil Report $4,000 Topographic Survey $6,000 Total $20,000 PROPOSED ADDITIONAL EXPENSES: On July 30, 2022, K +D Architects submitted a proposal, which included formal defined -scope estimates for the additional expenses of civil engineering and soil reports. Fortunately, a topographical survey was recently conducted of the area related to another City project, therefore that service would not be needed for the range project. In the revised agreement, K +D submitted the following expenses: Civil Engineering $9500 Soil Report 2600 Total $12,100 The amended agreement would increase the amount paid to K +D Architects from $43,250 to $53,350 to cover the additional expenses listed above. VJ.171 i! 14 Funding for Architecture and Engineering Design Services is available in the police department's FY 2022 Budget. RECOMMENDATION: Staff recommends approval of the amended agreement, revising the scope of work and increasing the cost for services by $12,100.00, for a revised total amount of $55,350.00. ATTACHMENT: Revised Proposal dated July 30, 2022 TO: The Honorable Mayor and City Council FROM: Jason Woodruff, Deputy Chief of Police SUBJECT: Firearms Range Shoothouse and Multi -Use Structure Architecture and Engineering Agreement Amendment DATE: September 16, 2022 BACKGROUND: On April 5, 2022, the Owasso City Council approved an agreement with K +D Architects for architecture, design and engineering services for the Owasso Police Department Firearms Range Shoothouse and Multiuse Structure. The approved contract amount was $43,250, however, additional expenses were anticipated for sub - contracted items with an undefined scope. At the time of the approval, those additional expenses were estimated to be: Civil Engineering $10,000 Soil Report $4,000 Topographic Survey $6,000 Total $20,000 PROPOSED ADDITIONAL EXPENSES: On July 30, 2022, K +D Architects submitted a proposal, which included formal defined -scope estimates for the additional expenses of civil engineering and soil reports. Fortunately, a topographical survey was recently conducted of the area related to another City project, therefore that service would not be needed for the range project. In the revised agreement, K +D submitted the following expenses: Civil Engineering $9500 Soil Report 2600 Total $12,100 The amended agreement would increase the amount paid to K +D Architects from $43,250 to $53,350 to cover the additional expenses listed above. Funding for Architecture and Engineering Design Services is available in the police department's FY 2022 Budget. RECOMMENDATION: Staff recommends approval of the amended agreement, revising the scope of work and increasing the cost for services by $12,100.00, for a revised total amount of $55,350.00. ATTACHMENT: Revised Proposal dated July 30, 2022 Proposal for Architectural Services Owasso Police Department Shoot House and Firearms Range Multiuse Structure Owasso, Oklahoma 2922 Revised July 30, 2022 k +d architects is pleased to present this proposal for design services for the Owasso Police Department's new Shoot House and Firearms Range Multiuse Structure in Owasso. k +d architects understands the Scope of Work to be as follows: Schematic Design The proposed project will consist of two separate facilities: the Shoot House and Multiuse Structure. The Shoot House will be located on the existing 40'x 60' concrete pad at the firing range. The structure is proposed to be a steel building frame with a metal roof. The wall construction is to be yet to be determined but shall be an easily reparable /replaceable system, as they are expected to be damaged by ammunition on a regular basis. There will be no Interior walls as the Police Department will provide movable partitions that can be set up for specific training scenarios. The Multiuse Structure will be located east of the existing parking lot and is believed to be completely out of the 100 -year flood plain but might be partially located in the 500- yrflood plain. This building is proposed to be a pre- engineered metal structure with approximately 4000 sf. This building will contain a large training room, toilet facilities for the entire range, offices, and storage. These schematic design statements are based on meeting with department staff and the preliminary designs created by this office. 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. Structural Engineering drawings will be provided as part of the CDs and include foundation design and the building structural system Richards and Associates will be the Structural Engineer. A soils report will be provided for the use by the design team 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. Civil Engineering will be provided by Mills Engineering. The Civil Engineer will provide site, grading, paving, erosion control, and utility plans, . and all associated detailing needed to permit and construct the project. It has been mentioned that not all the utilities are currently at this site. It is anticipated that the site already has sufficient electricity and water service and that there is currently no gas or sanitary sewer service. Given the unknown of where the nearest services are located or potential routing, any design associated with the utility extensions will be done on an hourly basis as indicated below. 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 k +d architects + 201 South Main Street, Suite 203 + Owasso, OK 74055 + 918.376.3113 + www.k- darchitects.com 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 + Second stories with elevators • Design of any service roads • 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: • Structural Engineering (Richards Associates) $8,000 • Mechanical & Electrical Engineering (HP Engineering) $9,000 • Architecture (k +d architects) $26,250 • Civil Engineering $9,500 • Soils Report $2.600 TOTAL $55,350 Additional Services The following is a list of items that will be required for the project, but do not have a defined scope. Once the scope for each item Is defined, we will provide proposals for approval before moving forward with the related work. t —Eivil `iRgineetia^ $19,999 (estimate) i Soils Repert $4,000 (estimate) Tepegraphie StlFvet $6,000 (estimate) 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 your new training facilities. If you have any further questions, please do not hesitate to contact me, Thank you for your consideration. Jeff Davis, AIA CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 09110/22 Department Payroll Expenses Total Expenses 105 Municipal Court 6,143.82 9,676.87 110 Managerial 26,650.44 36,878.31 120 Finance 22,152.75 33,252.85 130 Human Resources 11,272.28 16,375.17 160 Community Development 19,221.24 29,052.45 170 Engineering 21,377.62 32,723.72 175 Information Systems 20,654.72 29,798.11 181 Support Services 10,527.20 15,783.38 190 Cemetery 1,513.40 3,075.17 201 Police Grant Overtime 1,100.60 1,115.14 215 Central Dispatch 2,694.56 3,988.31 221 Animal Control 4,864.30 7,073.43 280 Emergency Preparedness 2,787.02 3,820.60 370 Stormwater /ROW Maint. 9,649.53 15,411.47 515 Park Maintenance 10,674.43 16,734.43 520 Culture /Recreation 8,466.60 13,909.00 550 Community- Senior Center 7,056.95 9,448.68 580 Historical Museum 832.40 929.37 720 Strong Neighborhood 420.00 513.79 General Fund Total 188,059.86 279,560.25 185 Garage Fund Total 10 744.96 17,737.40 255 Ambulance Fund Total 553.85 618.38 215 E911 Communication 27,434.92 41,833.66 250 Fire Fund 37 Total 208,854.85 314,753.17 201 Police Fund 38 Total 207,891.69 314,861.13 300 Streets Fund 39 Total 22,806.54 39,187.16 370 Stormwater Fund 27 Total 5,790.30 8,596.88 150 Worker's Compensation Total 720 Strong Neighborhoods Total 4,509.25 6,401.93 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 09/14 _VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE ADMIN FEES DENTAL DEPT TOTAL VSP VISION MEDICAL SERVICES VISION MEDICAL SERVICES VISION DEPT TOTAL HEALTHCARE SELF INSURANCE FUND TOTAL AMOUNT 59,205.85 180,842.75 124,791.98 8,102.37 372,942.95 8,358.62 8,056.69 2,648.60 3,519.65 22,583.56 339.25 3,611.84 3,951.09 399,477.60 CITY OF OWASSO GENERAL FUND & HALF -PENNY SALES TAX FISCAL YEAR 2022.2023 Budgetary Basis Statement of Revenues & Expenditures As of August 31, 2022 Q: \Finance (120)\Accounting \Reports \Current FY\GF Financials MONTH YEAR PERCENT TO -DATE TO -DATE BUDGET OF BUDGET REVENUES: Taxes $ 3,848,465 $ 7,656,353 $ 43,597,432 17.56% Licenses & permits 19,528 81,243 361,252 22.49% Intergovernmental 43,072 175,938 1,329,004 13.24% Charges for services 70,969 132,315 778,257 17.00% Fines & forfeits 41,890 66,144 181,100 36.52% Other 60,877 62,915 85,717 73.40% Interest 13,087 25,825 77,446 33.35% TOTAL REVENUES $ 4,097,888 $ 8,200,734 $ 46,410.208 17.67% EXPENDITURES: Personal services $ (1,811.331) $ (3,677,032) $ (25,236,567) 14.57% Materials & supplies (108,235) (167,017) (1,539,094) 10.85% Other services (230,793) (440,586) (3,553,316) 12.40% Capital outlay (94,838) (232,717) (3,550,192) 6.56% Deferred Budget - COVID Grant 0.00% TOTAL EXPENDITURES $ (2,245,197) $ (4,517,353) $ (33,879,169) 13.33% REVENUES OVER EXPENDITURES $ 1,852,691 $ 3,683,381 $ 12,531,039 TRANSFERS IN (OUT): Transfers in $ 1,992,715 $ 3,973,162 $ 22,522,339 17.64% Transfers out (3,151,742) (6,275,014) (37,771,944) 16.61% TOTAL TRANSFERS $ (1,159,027) $ (2,301,852) $ (15,249,605) 15.09% NET INCOME (LOSS) $ 693,664 $ 1,381,529 $ (2,718,566) ENCUMBRANCES OUTSTANDING $ (1,816,279) FUND BALANCE (Budgetary Basis) Beginning Balance 13,715,245 13,715,245 Ending Balance $ 13,280,495 $ 10,996,679 Q: \Finance (120)\Accounting \Reports \Current FY\GF Financials