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
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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.
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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.
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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.
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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.
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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.
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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