HomeMy WebLinkAbout2023.05.16_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE
OWASSO CITY COUNCIL
Council Chambers Old Central Building 109 North Birch, Owasso, OK
Tuesday, May 16, 2023 - 6:30 PM
NOTE: APPROPRIATE ACTION may include, but is not limited to: acknowledging, affirming, amending, approving, authorizing,
awarding, denying, postponing, or fabling.
AGENDA
1. Call to Order - Chair Kelly Lewis
2. Invocation - Pastor Claud Slate of Fireside Baptist Church
3. Flag Salute
4. Roll Call
5. Presentation of the Employee of the Quarter - Warren Lehr
6. Consideration and appropriate action relating to 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- May 2, 2023, and May 9, 2023, Regular Meetings
B. Approve claims
7. Consideration and appropriate action relating to items removed from the Consent Agenda
8. PUBLIC HEARING - The City Council will conduct a public hearing for the purpose of receiving citizen
input -on a proposed amendment to the list of Capital Improvement Projects eligible for funding from
the Capital Improvements Fund to include East 86th Street North Widening from North Main Street to
North Garnett Road
Chris Garrett
9. Consideration and appropriate action relating to citizen appointments to various City Boards and
Committees
Mayor Kelly Lewis
AUDIT COMMITTEE:
Doug Bonebrake, Seat 1, City Council - term expires June 30, 2024
Robert Curfman, Seat 3, Business Person - term expires June 30, 2026
Andrea O'Dell, Seat 4, Non Practicing CPA - term expires June 30, 2026
BOARD OF ADJUSTMENT:
Dean Knoten - term expires June 30, 2026
Heather Cunningham - term expires June 30, 2026
CAPITAL IMPROVEMENTS COMMITTEE: term expires June 30, 2024
Doug Bonebrake, City Council Representative
Lyndell Dunn, City Council Representative
David Smith, Planning Commission Representative
Dirk Thomas, OEDA Representative
Jeff Davis, Citizen Representative
Keith Whitfield, Citizen Representative
Jason Drake, Citizen Representative
Rob Haskins, Citizen Representative
Jim Hunter, Citizen Representative
Kent Inouye, Citizen Representative
Chris Garrett, Assistant City Manager
Warren Lehr, City Manager
Carly Novozinsky, Finance Director
Owasso City Council
May 16, 2023
Page 2
OWASSO ECONOMIC DEVELOPMENT AUTHORITY:
Dee Sokolosky - term expires June 30, 2028
Alvin Fruga, City Council - term expires June 30, 2024
Chelsea Levo Feary, Owasso Chamber of Commerce - term expires June 30, 2024
PERSONNEL BOARD: Jerry Duke - term expires June 30, 2026
PLANNING COMMISSION: Chad Balthrop -term expires June 30, 2026
SALES TAX OVERSIGHT COMMITTEE: term for lifetime of sales tax or resignation
Matt Inouye, Citizen Representative
Brian Johnston, Citizen Representative
INDIAN NATIONS COUNCIL OF GOVERNMENTS BOARD OF DIRECTORS GENERAL ASSEMBLY: term expires
June 30, 2025
Kelly Lewis, City Council
Warren Lehr, City Manager (Alternate)
INCOG TRANSPORTATION POLICY COMMITTEE: term expires June 30, 2024
Doug Bonebrake, City Council
Warren Lehr, City Manager (Alternate)
INCOG TRANSPORTATION TECHNICAL COMMITTEE: term expires June 30, 2024
Roger Stevens, Public Works Director
Dwayne Henderson (Alternate)
REGIONAL METROPOLITAN UTILITY AUTHORITY: term expires June 30, 2024
Roger Stevens, Public Works Director
Dwayne Henderson (Alternate)
10. Consideration and appropriate action relating to a payment to the Owasso Community Foundation for
the Owasso Strong Neighborhood Initiative's 2023 Neighborhood Matching Grant Program
Jerry Fowler
Staff recommends authorization for payment in the amount of $30,000.00 to the Owasso Community
Foundation.
11. Consideration and appropriate action relating to request for a final plat for Garnett Business Plaza,
consisting of approximately 1.185 acres and located west of North Garnett Road and north of East 103rd
Street North
Wendy Kramer
Staff recommends approval of the Garnett Business Plaza Final Plat.
12. Consideration and appropriate action relating to the acquisition of right -of -way and easement for the
East 106th Street North and North 129th East Avenue Intersection Improvement Project
Roger Stevens
Staff recommends authorization for payment in the amount of $40,000.00 to Jerry D. Mercer Family Trust
for right -of -way and easement located at 12712 East 107th Street North.
13. Consideration and appropriate action relating to the acquisition of permanent easement for the East
106th Street North and North 129th East Avenue Intersection Improvement Project
Roger Stevens
Staff recommends authorization for payment in the amount of $26,500.00 to Church of Christ of Owasso,
Inc. for permanent easement and other damages located at 10510 North 129th East Avenue.
Owasso City Council
May 16, 2023
Page 3
14. Consideration and appropriate action relating to an agreement between the City of Owasso and the
Oklahoma Department of Transportation (ODOT) for the East 106th Street North and North 129th East
Avenue Intersection Improvement Project
Dwayne Henderson
Staff recommends approval of the Project Maintenance, Financing, and Right -of -Way Agreement in
an estimated amount of $9,549,610.00 and authorization to execute all necessary documents.
15. Consideration and appropriate action relating to bids received for the Pavement Striping Project March
2023
Daniel Dearing
Staff recommends awarding the base bid and alternates 1 and 2 to Roadsafe Traffic Systems, Inc., of
Tulsa, Oklahoma, in the amount of $255,411.50 and authorization to execute all necessary documents.
16. Consideration and appropriate action relating to the bid received for the City Hall Hydraulic Elevator
and Car Upgrade
Larry White
Staff recommends awarding the bid to Schindler Elevator Corporation, of Tulsa, Oklahoma, in the
amount of $178,750.00 and authorization to execute all necessary documents.
17. Consideration and appropriate action relating to the bids received for the Outdoor Warning System
Replacement Project
Don Lynch
Staff recommends rejection of the bids from Acoustic Technology, Inc., American Signal Corporation,
and Alertus Technologies for failure to meet the bid specifications and inability to provide the required
product; awarding the base bid and alternates 1 and 2 to Safety Com, Incorporated of North Littlerock,
Arkansas in the amount of $868,525.00; and, authorization to execute all necessary documents.
18. Consideration and appropriate action relating to the payment of the Commissioners' Award,
Commissioners' Fees, Poundage, and any other assessed court fees in Case No. CJ- 2023 - 00566, City of
Owasso v. Crawford, et al., for property located at 10808 North 971h East Avenue, Owasso, Oklahoma
Julie Lombardi
Staff recommends authorization for payment of the Commissioners' Award to the Court in the amount
of $5,500.00, compensatory fees to each Commissioner for his or her service in the amount of $1,000.00
each, and poundage in the amount of $85.00, totaling $8,585.00.
19. Consideration and appropriate action relating to a request for an executive session for the purposes of
discussing the City Attorney and the City Manager employment contract, annual evaluation, and
succession planning, as provided for in Title 25, O.S. § 307(B)(1)
Mayor Lewis
20. Report from City Manager
21. Report from City Attorney
22. Report from City Councilors
23. Official Notices (documents for acknowledgment of receipt or information only, no discussion or action
will be taken)
• Payroll Payment Report- Pay Period Ending Date May 6, 2023
• Health Care Self- Insurance Claims - dated as of May 11, 2023
• Monthly Budget Status Report - April 2023
• Red Flag Policy Annual Report dated May 11, 2023
Owasso City Council
May 16, 2023
Page 4
24. New Business (New Business is any item of business which could not have been foreseen at the time of
posting of the agenda)
25. Adjournment
Notice of Public Meeting filed in the office of the City Clerk on Friday, December, 9, 2022, and the Agenda
posted at City Hall, 200 South Main Street, at 6:00 pmy>K1 Friday, May 12, 2023. 1
Juliann M. Stevens, City
The City of Owasso encourages citizen participation. To reques(/an accommodation due to a disability, contact the City Clerk at
least 48 hours prior to the scheduled meeting by phone 918- 376 -1502 or by email to istevens@cityc)fowasso.com
OWASSO CITY COUNCIL
OWASSO PUBLIC WORKS AUTHORITY (OPWA)
OWASSO PUBLIC GOLF AUTHORITY (OPGA)
MINUTES OF REGULAR MEETING
TUESDAY, MAY 2, 2023
The Owasso City Council, Owasso Public Works Authority, and Owasso Public Golf Authority met in regular
session on Tuesday, May 2, 2023, in the Council Chambers at Old Central, 109 North Birch, Owasso,
Oklahoma per the Notice of Public Meeting filed Friday, December 9, 2022; 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, April 27, 2023.
1. Call to Order - Vice Mayor /Vice Chair Alvin Fruga called the meeting to order at 6:30 pm.
2. Invocation - Invocation was offered by Pastor Jared Parker of New Heights Church.
3. Flag Salute - Councilor Bill Bush led the flag salute.
4. Presentation of Character Trait of Alertness - David Hurst, Fire Chief, presented the character trait for the
month of May.
* *Vice Mayor /Vice Chair Alvin Fruga read a statement from Mayor /Chair Kelly Lewis **
5. Oath of Office
Julie Lombardi administered the Oath of Office for Ward 3, City Councilor /Trustee Dr. Paul Loving and
Ward 4, City Councilor /Trustee Lyndell Dunn.
6. Roll Call - A quorum was declared present.
Present Absent
Vice Mayor /Vice Chair- Alvin Fruga Mayor /Chair- Kelly Lewis
Councilor /Trustee - Doug Bonebrake
Councilor /Trustee - Lyndell Dunn
Councilor /Trustee - Dr. Paul Loving
Staff: City /Authority Manager - Warren Lehr; City /Authority Attorney - Julie Lombardi
Consideration and appropriate action relating to the Election of Mayor /OPWA Chair /OPGA Chair
Vice Mayor /Vice Chair Alvin Fruga called for a nomination for the positions of Mayor /Chair. Mr. Dunr
moved, seconded by Mr. Bonebrake to elect Kelly Lewis to serve as Mayor /OPWA Chair /OPGA Chair.
YEA: Bonebrake, Dunn, Loving, Fruga
NAY: None
Motion carried: 4-0
8. Consideration and appropriate action relating to the Election of Vice Mayor /OPWA Vice Chair /OPGA
Vice Chair
Vice Mayor /Vice Chair Alvin Fruga called for a nomination for the positions of Vice Mayor/ Vice Chair.
Mr. Bonebrake moved, seconded by Mr. Dunn to elect Alvin Fruga to serve as Vice Mayor /OPWA Vice
Chair /OPGA Vice Chair.
YEA: Bonebrake, Dunn, Loving, Fruga
NAY: None
Motion carried: 4-0
9. Consideration and appropriate action relating to 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 City Council minutes - April 18, 2023, Regular Meeting
B. Approve OPWA minutes -April 18, 2023, Regular Meeting
C. Approve OPGA minutes - April 18, 2023, Regular Meeting
D. Approve claims - City Council, OPWA, OPGA
E. Accept public infrastructure improvements of a water main extension, stormwater
conveyance system, and concrete paving of approaches, curb and gutter, and sidewalk
located southeast of the East 96th Street North and North Garnett Road intersection (Smith
Farm Village Commercial) (City Council)
Joint Meeting of the Owasso City Council, OPWA, & OPGA
May 2, 2023
Page 2
Mr. Bonebrake moved, seconded by Mr. Dunn to approve the Consent Agenda as presented, with City
Council claims totaling $560,883.58, OPWA claims totaling $907,472.96, and OPGA claims totaling
$55,581.89.
YEA: Bonebrake, Dunn, Loving, Fruga
NAY: None
Motion carried: 4-0
10. Consideration and appropriate action relating to items removed from the Consent Agenda - None
11. Consideration and appropriate action relating to Ordinance 1209, amending Part 7, Finance and
Taxation, Chapter 2, Sales Tax, by removing the December 31, 2023 expiration date for the levy and
assessment of the fifty -five hundredths (0.55 %) portion of the total city sales tax rate, and restricting the
use of said 0.55% for street improvements, adjoining infrastructure, and right -of -way expenditures,
sidewalks, and recreation trails (City Council)
Chris Garrett presented the item, recommending adoption of Ordinance 1209, subject to approval by
a majority of the registered voters of the City of Owasso. There were no comments from the audience.
After discussion, Mr. Dunn moved, seconded by Mr. Bonebrake to adopt Ordinance 1209, as
recommended.
YEA: Bonebrake, Dunn, Loving, Fruga
NAY: None
Motion carried: 4-0
12. Consideration and appropriate action relating to Resolution 2023 -10, calling a special election for the
purpose of submitting to qualified voters the question of approval or disapproval of Ordinance 1209
(City Council)
Chris Garrett presented the item, recommending approval of Resolution 2023 -10. There were no
comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Dr. Loving to
approve Resolution 2023 -10, as recommended.
YEA: Bonebrake, Dunn, Loving, Fruga
NAY: None
Motion carried: 4-0
13. Consideration and appropriate action relating to the purchase of right -of -way for the East 1061h Street
North and North 129th East Avenue Intersection Improvement Project (City Council)
Roger Stevens presented the item, recommending authorization for payment in the amount of
$180,000.00 to Doris Alene Dickinson Revocable Trust for the acquisition of right -of -way and
compensation for easement and damages located at 10524 North 129th East Avenue. There were no
comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn to
authorize payment, as recommended.
YEA: Bonebrake, Dunn, Loving, Fruga
NAY: None
Motion carried: 4-0
14. Report from City Manager
Warren Lehr introduced Roger Stevens to provide the monthly Public Works project status report and
discussion was held. Mr. Lehr recognized Julie Lombardi for receiving the Margaret McMorrow -Love
Velvet Hammer Award, and upcoming events throughout the City.
15. Report from City Attorney - None
16. Report from City Councilors
Councilor Dunn congratulated Ms. Lombardi on her award. Councilor Bonebrake congratulated the
Councilor - Elects, Mayor and Vice Mayor; and acknowledged the Leadership Owasso class in
attendance. Councilors expressed appreciation for Bill Bush's service on the City Council.
Joint Meeting of the Owasso City Council, OPWA, & OPGA
May 2, 2023
Page 3
17. Official Notices - The Vice Mayor acknowledged receipt of the following:
• Health Care Self- Insurance Claims - dated as of April 27, 2023
• General Fund Payroll Payment Report- Pay Period Ending Date April 22, 2023
• Owasso Public Works Authority Payroll Payment Report - Pay period ending date April 22, 2023
• Owasso Public Golf Authority Payroll Payment Report- Pay period ending date April 22, 2023
18. New Business - None
19. Adjournment
Mr. Bonebrake moved, seconded by Mr. Dunn to adjourn the meeting.
YEA: Bonebrake, Dunn, Loving, Fruga
NAY: None
Motion carried: 4-0 and the meeting adjourned at 7:11 pm.
Alvin Fruga, Vice Mayor /Vice Chair
Juliann M. Stevens, City Clerk
OWASSO CITY COUNCIL, PUBLIC WORKS AUTHORITY, AND
PUBLIC GOLF AUTHORITY
MINUTES OF JOINT REGULAR MEETING
TUESDAY. MAY 9.2023
The Owasso City Council, Owasso Public Works Authority (OPWA), and Owasso Public Golf Authority
(OPGA) met in a joint regular meeting on Tuesday, May 9, 2023, in the Council Chambers at Old Central,
109 North Birch Street, Owasso, Oklahoma, per the Notice of Public Meeting filed Friday, December 9, 2022;
and the Agenda filed in the office of the City Clerk and posted at City Hall, 200 South Main Street, at 1:00
pm on Friday, May 5, 2023.
1. Call to Order /Roll Call - 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 Frugo
Councilor /Trustee - Doug Bonebrake
Councilor /Trustee - Lyndell Dunn
Councilor /Trustee - Dr. Paul Loving
Staff: City /Authority Manager - Warren Lehr; City /Assistant City /Authority Manager- Chris Garrett
2. Presentation and discussion of the Proposed FY 2023 -2024 Annual Operating Budget
Warren Lehr and Carly Novozinsky presented the item and discussion was held.
3. Presentation and discussion of the Foundations of Municipal Planning
Brian Dempster, Alexa Beemer, and Wendy Kramer presented the item and discussion was held.
4. Discussion relating to a request for a final plat - Garnett Business Plaza, approximately 1.185 acres
located west of North Garnett Road and north of East 103rd Street North
Wendy Kramer presented the item and discussion was held.
5. Discussion relating to City /Authority Manager items
A. Annual appointments to the various citizen boards and committees
B. Conflict with the first City Council Meeting in July- Independence Day
C. Proposed amendment to the Capital Improvement Fund (CIP) project eligibility list
D. Monthly sales tax report and revenue outlook
E. City Manager report
Warren Lehr and Mayor Lewis presented item A and discussion was held. Mr. Lehr presented items B,
and C and discussion was held. Carly Novoznsky presented item D. Mr. Lehr reported that Ms. Lombardi
was absent from the meeting in order to participate as the keynote speaker for the Owasso High School
Mock Trial annual banquet, and on various community events throughout the City.
6. City Councilor /Trustee comments and inquiries
Mayor Lewis commented on Redbud Days activities and the reception held for Councilor Bush and
Councilor Dr. Loving.
7. Adjournment
The meeting adjourned at 7:28 pm.
Kelly Lewis, Mayor /Chair
Juliann M. Stevens, City Clerk
Claims List - 05/16/2023
Fund Vendor Name
Payable Description
Payment
Amount
01 GENERAL AT&T
PHONE USE
$25.94
BLUE ENERGY FUELS LLC
CNG FUEL CHARGE APRIL
$47.97
COX COMMUNICATIONS
PHONE USAGE
$11.16
ENTERPRISE FM TRUST
FLEET LEASE
$962.36
JPMORGAN CHASE BANK
COX - INTERNET
$69.95
JPMORGAN CHASE BANK
LOCKE -BULBS
$51.60
JPMORGAN CHASE BANK
LOWES- MATERIALS
$64.92
JPMORGAN CHASE BANK
LOWES- REPAIR
$20.48
JPMORGAN CHASE BANK
LOWES -ROOF REPAIR
$57.22
JPMORGAN CHASE BANK
LOWES- SUPPLIES
$196.08
JPMORGAN CHASE BANK
LOWES- TOILET HANDLE
$12.48
JPMORGAN CHASE BANK
LOWES - TOILET REPAIR
$12.96
JPMORGAN CHASE BANK
ODP- SUPPLIES
$86.37
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
$7.69
JPMORGAN CHASE BANK
OWASSO KEYS - REPLACE
$37.44
JPMORGAN CHASE BANK
QUIT BUGGIN -PEST
$220.00
JPMORGAN CHASE BANK
SAMS- SUPPLIES
$128.48
JPMORGAN CHASE BANK
SUMNER- COPIER SERVICE
$91.15
JPMORGAN CHASE BANK
SUNDANCE -SAFE
$28.65
JPMORGAN CHASE BANK
TINT SHOP - MAINTENANCE
$375.00
OVERHEAD DOOR CO. OF TULSA, INC
DOOR REPAIR
$1,27115
UNIFIRST HOLDINGS LP
UNIFORMS
$22.50
VERIZON WIRELESS
WIRELESS CONNECTION
$40.01
BUILDING MAINTENANCE -Total
$3,842.16
TYLER TECHNOLOGIES, INC.
CAD SOFTWARE
$17,246.53
CAD SOFTWARE -Total
$17,246.53
BLUE ENERGY FUELS LLC
CNG FUEL CHARGE APRIL
$79.19
COX COMMUNICATIONS
PHONE USAGE
$11.16
ENTERPRISE FM TRUST
FLEET LEASE
$1,181.46
FLEETCOR TECHNOLOGIES
FUEL PURCHASES APRIL 23
$143.65
JPMORGAN CHASE BANK
ADVANCE - EQUIPMENT
$14.32
JPMORGAN CHASE BANK
AMAZON- EQUIPMENT
$871.62
JPMORGAN CHASE BANK
AMAZON- PROTECT PLAN
$26.99
JPMORGAN CHASE BANK
AMAZON- SUPPLIES
$346.31
JPMORGAN CHASE BANK
AMAZON - UNIFORM
$115.98
JPMORGAN CHASE BANK
ART IN BLOOM- FLOWERS
$86.59
JPMORGAN CHASE BANK
CROWN AWARDS- SUPPLIES
$51.91
JPMORGAN CHASE BANK
DANA SAFETY- EQUIPMENT
$96.83
JPMORGAN CHASE BANK
F150LEDS- EQUIPMENT
$189.00
JPMORGAN CHASE BANK
HOME DEPOT - SUPPLIES
$152.33
JPMORGAN CHASE BANK
IROBOT- SUPPLIES
$70.79
1
Claims List - 05/16/2023
Fund Vendor Name
Payable Description
Payment
Amount
01 GENERAL JPMORGAN CHASE BANK
LOWES- SUPPLIES
$12.06
JPMORGAN CHASE BANK
MOBILE LOCKSMITH -EQUI
$360.00
JPMORGAN CHASE BANK
RIGHT SIZE - EQUIPMENT
$38.98
JPMORGAN CHASE BANK
STROBES - EQUIPMENT
$53.38
JPMORGAN CHASE BANK
TOMMYS -CAR WASH
$83.98
JPMORGAN CHASE BANK
TROYTDVM - STERIL SERV
$75.00
JPMORGAN CHASE BANK
ULTRA BRIGHT - EQUIPMEN
$329.99
JPMORGAN CHASE BANK
VALOROUTFITTERS -EQUIP
$17.82
NORTH AMERICA FIRE EQUIPMENT CO.
ARNOLD VEST
$1,185.34
VERIZON WIRELESS
WIRELESS CONNECTION
$144.58
GEN ANIMAL CONTROL -Total
$5,739.26
UNIFIRST HOLDINGS LP
UNIFORM SERVICES
$19,48
GEN CEMETERY -Total
PHONE USAGE
$19.48
JPMORGAN CHASE BANK
PARKS COFFEE - SUPPLIES
$151.11
JPMORGAN CHASE BANK
SAMS- SUPPLIES
$102.15
TREASURER PETTY CASH
CC REF - MICKELSON
$50.00
GEN COMM CTR DONATIONS -Total
OFFICE DEPOT - REFUND
$303.26
COX COMMUNICATIONS
PHONE USAGE
$18.60
HOLLON FIRE PROTECTION
FIRE INSPECTION
$70.00
JPMORGAN CHASE BANK
CORNHOLE- BOARDS
$333.00
JPMORGAN CHASE BANK
LIBERTY FLAGS - REPAIR
$327.00
JPMORGAN CHASE BANK
QUIT BUGGIN -PEST
$95.00
JPMORGAN CHASE BANK
SAMS- SUPPLIES
$60.92
JPMORGAN CHASE BANK
WALMART- SUPPLIES
$22.91
ONEOK INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
$310.06
GEN COMMUNITY CENTER -Total
$1,237.49
BLUE ENERGY FUELS LLC
CNG FUEL CHARGE APRIL
$55.44
COX COMMUNICATIONS
PHONE USAGE
$29.77
FLEETCOR TECHNOLOGIES
FUEL PURCHASES APRIL 23
$277.86
HAROLD RANDALL PINNEY
LAWN MAINTENANCE
$150.00
JPMORGAN CHASE BANK
ODP- SUPPLIES
$20.06
JPMORGAN CHASE BANK
OFFICE DEPOT - REFUND
($20.05)
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
$74.22
TREASURER PETTY CASH
BOGGS -PER D 5/14 -20
$383.50
TREASURER PETTY CASH
ROGERS -LEIN RELEASE
$18.00
TULSA COUNTY CLERK
FILINGS
$18.00
VERIZON WIRELESS
WIRELESS CONNECTION
$205.77
GEN COMMUNITY DEVELOPMENT - Total
$1,212.57
COX COMMUNICATIONS
PHONE USAGE
$14.88
FLEETCOR TECHNOLOGIES
FUEL PURCHASES APRIL 23
$125.12
E
Claims List - 05/16/2023
Fund Vendor Name Payable Description Payment
Amount
01 GENERAL JPMORGAN CHASE BANK MUSIC STORE - RENTAL $5115
GEN CULTURE & RECREATION -Total $191,75
COX COMMUNICATIONS PHONE USAGE $7.44
OWASSO CHAMBER OF COMMERCE ECON DEVELOP CONTRACT $11,001.67
GEN ECONOMIC DEV -Total
$11,009,11
AT &T
PHONE SERVICE
$3.22
AT &T
PHONE USE
$25.94
COX COMMUNICATIONS
PHONE USAGE
$3,72
ENTERPRISE FM TRUST
FLEET LEASE
$590.73
FLEETCOR TECHNOLOGIES
FUEL PURCHASES APRIL 23
$55.20
JPMORGAN CHASE BANK
SAMS- SUPPLIES
$84.90
JPMORGAN CHASE BANK
SAMS -WATER
$30.90
VERDIGRIS VALLEY ELECTRIC COOP
STORM SIRENS
$125.08
VERIZON WIRELESS
WIRELESS CONNECTION
$40.01
GEN EMERG PREPAREDNESS -Total
$959.70
COX COMMUNICATIONS
PHONE USAGE
$29.77
ENTERPRISE FM TRUST
FLEET LEASE
$1,203.60
FLEETCOR TECHNOLOGIES
FUEL PURCHASES APRIL 23
$269.69
JPMORGAN CHASE BANK
STAPLES- SUPPLIES
$88.60
TREASURER PETTY CASH
SERVICE OK- ENGINEER
$46.00
UNIFIRST HOLDINGS LP
UNIFORM SERVICES
$35.02
VERIZON WIRELESS
WIRELESS CONNECTION
$80.02
GEN ENGINEERING -Total
$1,752.70
COX COMMUNICATIONS
PHONE USAGE
$29,77
JPMORGAN CHASE BANK
GOVT FINANCE -BOOK
$78.35
JPMORGAN CHASE BANK
ODP- SUPPLIES
$22.29
GEN FINANCE -Total
$130,41
AMERICANCHECKED INC ATTN: BILLING
BACKGROUND CHECKS
$259.75
AT &T
PHONE SERVICE
$9.62
AT &T
PHONE USE
$103.77
ENTERPRISE FM TRUST
FLEET LEASE
$1,166.58
FLEETCOR TECHNOLOGIES
FUEL PURCHASES APRIL 23
$52.86
HALL, ESTILL, HARDWICK, GABLE,
LEGAL SERVICES
$137.50
JPMORGAN CHASE BANK
AMER WASTE- DISPOSAL
$113.85
JPMORGAN CHASE BANK
STAPLES - REFUND
($132.90)
JPMORGAN CHASE BANK
STAPLES - SUPPLIES
$531.60
ONEOK INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
$42162
PROSTAR SERVICES INC
COFFEE SUPPLIES
$486.30
SUMNERONE INC
COPIER SERVICES
$684.68
TULSA COUNTY CLERK
FILINGS
$48.00
9
Claims List - 05/1612023
Fund Vendor Name Payable Description Payment
Amount
01 GENERAL VERIZON WIRELESS WIRELESS CONNECTION $42.87
GEN GENERAL GOVERNMENT -Total
$3,928,10
COX COMMUNICATIONS PHONE USAGE
$3.72
HOLLON FIRE PROTECTION FIRE INSPECTION
$50.00
ONEOK INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE
$83.68
GEN HISTORICAL MUSEUM -Total
$137.40
AMERICANCHECKED INC ATTN: BILLING
BACKGROUND CHECKS
$79.10
COMMUNITYCARE EAP
EAP FEE
$468.00
COX COMMUNICATIONS
PHONE USAGE
$14.88
JPMORGAN CHASE BANK
FACEBOOK- ADVERTISING
$242.02
JPMORGAN CHASE BANK
FASTSIGNS- ADVERTISING
$108.00
JPMORGAN CHASE BANK
GIANT TV -EMPY DEVELOP
$599.00
JPMORGAN CHASE BANK
INDEED - ADVERTISE
$218.54
JPMORGAN CHASE BANK
MAIL THIS - PRINTING
$6.00
JPMORGAN CHASE BANK
ODP- SUPPLIES
$4105
JPMORGAN CHASE BANK
SAMS- BENEFIT FAIR
$63.20
JPMORGAN CHASE BANK
STRATA - MAGAZINES
$1,096.71
MCAFEE &TAFT
LEGAL - PERSONNEL
$82.50
GEN HUMAN RESOURCES -Total
$3,021.00
AT &T
PHONE USE
$25.94
AV CAPTURE ALL, INC.
SUBSCRIPTION
$3,000.00
COX COMMUNICATIONS
PHONE USAGE
$22.33
JPMORGAN CHASE BANK
AMAZON- FUSION SPLICER
$1,022.27
JPMORGAN CHASE BANK
AMAZON- SUPPLIES
$50.60
JPMORGAN CHASE BANK
COMPUTERS - SUPPLIES
$15.00
JPMORGAN CHASE BANK
COX - INTERNET
$100.05
JPMORGAN CHASE BANK
COX - SERVICE
$1,658.77
JPMORGAN CHASE BANK
GOTOCOM- RENEWAL
$1,659.99
JPMORGAN CHASE BANK
NOTEPAGE- LICENSE
$895.00
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
$7.17
TREASURER PETTY CASH
ERIC -PER DIEM 5/6 -10
$288.00
TREASURER PETTY CASH
MOUNT -PER DIEM 5 /6 -10
$288.00
VERIZON WIRELESS
WIRELESS CONNECTION
$252.06
GEN INFORMATION TECH -Total
$9,285.18
COX COMMUNICATIONS
PHONE USAGE
$22.33
ENTERPRISE FM TRUST
FLEET LEASE
$369.19
FLEETCOR TECHNOLOGIES
FUEL PURCHASES APRIL 23
$40.03
JPMORGAN CHASE BANK
LODGING EXP 4/27 -28
$499.88
JPMORGAN CHASE BANK
LODGING EXP 9/26 -10/1
$249.00
JPMORGAN CHASE BANK
MEETING EXP 05103
$9.00
JPMORGAN CHASE BANK
ODP- BATTERIES
$9.47
4
Claims List - 05/16/2023
Fund Vendor Name
Payable Description
Payment
Amount
01 GENERAL JPMORGAN CHASE BANK
SAMS- SUPPLIES
$51.38
JPMORGAN CHASE BANK
SAMS -WATER
$7.96
JPMORGAN CHASE BANK
TRAVEL EXP 4/27 -28
$20.00
TREASURER PETTY CASH
OML TRAINING - WINGERT
$13.70
GEN MANAGERIAL -Total
LAWN MAINTENANCE
$1,291,94
COX COMMUNICATIONS
PHONE USAGE
$14.88
JPMORGAN CHASE BANK
AMAZON- SUPPLIES
$78.57
JPMORGAN CHASE BANK
DOLLAR GENERAL -WATER
$9.60
JPMORGAN CHASE BANK
ODP- SUPPLIES
$165.81
GEN MUNICIPAL COURT -Total
$269.06
CITY OF OWASSO
WATER SERVICE
$1,501.50
COX COMMUNICATIONS
PHONE USAGE
$3.72
ENTERPRISE FM TRUST
FLEET LEASE
$2,373.99
FLEETCOR TECHNOLOGIES
FUEL PURCHASES APRIL 23
$640.05
GAGE BARHAM
LAWN MAINTENANCE
$1,545.00
HOLLON FIRE PROTECTION
FIRE INSPECTION
$48.00
JPMORGAN CHASE BANK
AMAZON -DOOR ARM
$100.00
JPMORGAN CHASE BANK
CORNERSTONE -BOLTS
$17.31
JPMORGAN CHASE BANK
CORNERSTONE - SUPPLIES
$6.64
JPMORGAN CHASE BANK
LOWES- FLOWERS
$512.40
JPMORGAN CHASE BANK
LOWES -MULCH
$55.92
JPMORGAN CHASE BANK
LOWES -PAINT
$189.06
JPMORGAN CHASE BANK
LOWES- REFUND
($351.44)
JPMORGAN CHASE BANK
LOWES- SUPPLIES
$16.28
JPMORGAN CHASE BANK
PARKSUPP - DISPOSAL
$1,162.50
ONEOK INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
$70.32
TURFWORX LLC
LAWN MAINTENANCE
$651.00
UNIFIRST HOLDINGS LP
PARKS STAFF UNIFORMS
$46.42
VERDIGRIS VALLEY ELECTRIC COOP
PARKS ELECTRIC
$65.11
VERIZON WIRELESS
WIRELESS CONNECTION
$40.01
GEN PARKS -Total $8,693.79
JPMORGAN CHASE BANK AMAZON -DRYER REPAIR $11.98
JPMORGAN CHASE BANK AMAZON - PRISON BOARD $190.71
GEN POLICE COMMUNICATIONS -Total $202.69
NORTH AMERICA FIRE EQUIPMENT CO. FY23 VESTS $1,818.00
GEN POLICE DOJ VEST GRT -Total
$1,818.00
BLUE ENERGY FUELS LLC
CNG FUEL CHARGE APRIL
$373.44
ENTERPRISE FM TRUST
FLEET LEASE
$6,772.53
FLEETCOR TECHNOLOGIES
FUEL PURCHASES APRIL 23
$1,769.50
GM LAWNCARE LLC
LAWN MAINTENANCE
$640.00
5
Claims List - 05/16/2023
Fund Vendor Name
Payable Description
Payment
Amount
01 GENERAL JPMORGAN CHASE BANK
ATWOOD- SUPPLIES
$73.13
JPMORGAN CHASE BANK
CORNERSTONE -FILES
$29.96
JPMORGAN CHASE BANK
FLEET -FUEL
$730.88
JPMORGAN CHASE BANK
HARBOR FREIGHT -TOOLS
$125.91
JPMORGAN CHASE BANK
LOWES -FENCE REPAIR
$76.72
JPMORGAN CHASE BANK
P &K EQUIP -BULB
$11.00
JPMORGAN CHASE BANK
STANDARD SUP -BULBS
$17.94
JPMORGAN CHASE BANK
TRACTOR SUP -TOW STRAP
$79.96
SPIRIT LANDSCAPE MANAGEMENT LLC
LAWN MAINTENANCE
$683.80
TREASURER PETTY CASH
SERVICE OK- STORMWATER
$138.00
UNIFIRST HOLDINGS LP
UNIFORM SERVICES
$132.02
VERIZON WIRELESS
WIRELESS CONNECTION
$80.02
GEN STORMWATER -Total
$11,734,81
AEP /PSO
STREET LIGHTS
$10.92
TREASURER PETTY CASH
CC DEP REF - HAMILTON
$50.00
TREASURER PETTY CASH
CC DEP REF - HASTINGS
$100.00
TREASURER PETTY CASH
CC DEP REF -KING
$100.00
TREASURER PETTY CASH
CC DEP REF - KOLKER
$100.00
TREASURER PETTY CASH
CC DEP REF -RAY
$50.00
TREASURER PETTY CASH
CC DEP REF -STONE HOA
$50.00
TREASURER PETTY CASH
CC DEP REF -YORK
$50.00
TREASURER PETTY CASH
EXCHANGE BANK -FA REF
$50.00
TREASURER PETTY CASH
REDBUD DEP REF - KENDAL
$200.00
GENERAL -Total
$760,92
GENERAL -Total
$84,787.31
20 AMBULANCE SERVICE JPMORGAN CHASE BANK
ACE- SUPPLIES
$473.97
JPMORGAN CHASE BANK
BOUND TREE - SUPPLIES
$2,558.82
JPMORGAN CHASE BANK
CAPITAL WASTE- DISPOSE
$339.20
JPMORGAN CHASE BANK
INTERSTATE- BATTERIES
$124.80
JPMORGAN CHASE BANK
LIFE ASSIST- SUPPLIES
$1,516.95
JPMORGAN CHASE BANK
LODGING EXP 4110 -14
$2,645.69
JPMORGAN CHASE BANK
NATIONAL REG -NREMT
$160.00
JPMORGAN CHASE BANK
NATIONAL REG -PMD EXAM
$160.00
JPMORGAN CHASE BANK
SCHOOL EMS -NREMT
$800.00
JPMORGAN CHASE BANK
SCHOOL EMS - NRMET
$400.00
JPMORGAN CHASE BANK
TELEFLEX- SUPPLIES
$677.50
JPMORGAN CHASE BANK
TRAVEL EXP 4110 -14
$61.09
JPMORGAN CHASE BANK
TRAVEL INSURANCE
$20.20
JPMORGAN CHASE BANK
UPS - SHIPPING
$319.31
JPMORGAN CHASE BANK
USPS -OSDH RENEWAL
$19.14
JPMORGAN CHASE BANK
ZOLL- SUPPLIES
$441.64
C
Claims List - 05/16/2023
Fund
Vendor Name
Payable Description
Payment
Amount
20 AMBULANCE SERVICE
VERIZON WIRELESS
WIRELESS CONNECTION
$40.01
AMBULANCE -Total
$10,758.32
AETNA
AMBULANCE REFUND
$397.55
BREANNA WEATHERS
AMBULANCE REFUND
$576.50
BRIAN HERIAN
AMBULANCE REFUND
$152.76
DWIGHT OR CAROL HAWKINS
AMBULANCE REFUND
$7.50
HEALTHCHOICE
AMBULANCE REFUND
$499.00
SANDRA DRYWATER
AMBULANCE REFUND
$100.00
SANDRA JOST
AMBULANCE REFUND
$70.75
THOMAS SODEN
AMBULANCE REFUND
$350.00
WAYNE KOEPNICK
AMBULANCE REFUND
$1,544.50
AMBULANCE SERVICE -Total
$3,698.56
TYLER TECHNOLOGIES, INC.
CAD SOFTWARE
$98,498.67
CAD SOFTWARE -Total
$98,498.67
AMBULANCE SERVICE -Total
$112,955.55
21 E -911
AT &T
PHONE USE
$420.03
COX COMMUNICATIONS
T1 CIRCUITS
$229.00
INCOG
E911 CHARGES MAY 2023
$8,720.05
JPMORGAN CHASE BANK
DELL - LAPTOP
$561.96
JPMORGAN CHASE BANK
MEETING EXP 4127
$53.72
JPMORGAN CHASE BANK
OFFICE DEPOT- LAPTOP
$26.99
JPMORGAN CHASE BANK
TRAVEL EXP 5/4 -5
$64.53
JPMORGAN CHASE BANK
TRAVEL EXP 5/6 -10
$200.02
MOTOROLA SOLUTIONS INC
ASTRO SYST PLUS PKG
$2,651.35
SHI INTERNATIONAL CORP
PD LAPTOPS
$307.38
VERIZON WIRELESS
WIRELESS CONNECTION
$40.01
E911 COMMUNICATIONS -Total
$13,275.04
E -911 -Total
$13,275.04
25 HOTEL TAX
OWASSO CHAMBER OF COMMERCE
ECON DEVELOP CONTRACT
$8,165.00
HOTEL TAX ECON DEV -Total
$8,165.00
COX COMMUNICATIONS
PHONE USAGE
$7,44
JPMORGAN CHASE BANK
SCOREBOARD -T- SHIRTS
$208.00
STRONG NEIGHBORHOODS -Total
$215,44
HOTELTAX -Total
$8,380.44
27 STORMWATER MANAGEMENT
MESHEK & ASSOCIATES, P.L.C.
GARNETT IMPROVEMENTS
$1,352.95
GARNETT CULVERT IMPROV -Total
$1,352.95
COX COMMUNICATIONS
PHONE USAGE
$7.44
JPMORGAN CHASE BANK
ATWOOD- HERBICIDE
$159.99
JPMORGAN CHASE BANK
CORE &MAIN -STORM RISER
$923.70
JPMORGAN CHASE BANK
SAM$ -COMM EVENTS
$48.12
7
Claims List - 05/16/2023
Fund
Vendor Name
Payable Description
Payment
Amount
27 STORMWATER MANAGEMENT
MESHEK & ASSOCIATES, P.L.C.
ENGINEERING SERVICES
$607.50
UNIFIRST HOLDINGS LP
UNIFORM SERVICES
$11.36
STORMWATER- STORMWATER -Total
$1,758.11
STORMWATER MANAGEMENT
-Total
$3,111.06
31 AMBULANCE CAPITAL
JPMORGAN CHASE BANK
GRANT - SHIPPING
$16.50
STATION ALERTING SYSTEM -Total
$16.50
AMBULANCE CAPITAL -Total
$16.50
34 VISION TAX
CROSSLAND HEAVY CONTRACTORS
116 - GARNETT TO 129
$372,454.22
116TH - GARNETT RD TO 129TH -Total
$372,454.22
VISION TAX -Total
$372,454.22
37 SALES TAX FIRE
AT &T
PHONE SERVICE
$3.22
AT &T
PHONE USE
$25.94
BECK PLUMBING 916 LLC
WATER HEATER
$13,500.00
CITY OF OWASSO
WATER SERVICE
$112.00
COX COMMUNICATIONS
PHONE USAGE
$122.79
ENTERPRISE FM TRUST
FLEET LEASE
$2,471.11
FLEETCOR TECHNOLOGIES
FUEL PURCHASES APRIL 23
$6,441.60
JPMORGAN CHASE BANK
ADVANCE -AIR FILTER
$6.64
JPMORGAN CHASE BANK
ADVANCE - SUPPLIES
$47.96
JPMORGAN CHASE BANK
AMAZON- FRIDGE FILTERS
$157.44
JPMORGAN CHASE BANK
AMAZON -LATCH
$7,98
JPMORGAN CHASE BANK
AMAZON- SUPPLIES
$112.47
JPMORGAN CHASE BANK
AMAZON -WATER FILTERS
$59.99
JPMORGAN CHASE BANK
AMER WASTE - DISPOSAL
$183.35
JPMORGAN CHASE BANK
CORNERSTONE -MAINT
$13.98
JPMORGAN CHASE BANK
CORNERSTONE - REPAIR
$155.72
JPMORGAN CHASE BANK
EMTEC -PEST
$395.00
'
JPMORGAN CHASE BANK
FAM ANIMAL -VET
$21.70
JPMORGAN CHASE BANK
FEDEX -SCBA PARTS
$12.40
JPMORGAN CHASE BANK
FLIR SYST- LANYARDS
$171.98
JPMORGAN CHASE BANK
GREEN COUNT - RENEWAL
$60.00
JPMORGAN CHASE BANK
HOME DEPOT -PUMP
$6.57
JPMORGAN CHASE BANK
HOME DEPOT - REPAIR
$37.82
JPMORGAN CHASE BANK
HOME DEPOT - SUPPLIES
$20.02
JPMORGAN CHASE BANK
LODGING EXP 4/10 -14
$2,265.17
JPMORGAN CHASE BANK
LODGING EXP 4123 -28
$2,951.87
JPMORGAN CHASE BANK
NSC -SCBA PACKS
$21,759.90
JPMORGAN CHASE BANK
NSC- UNIFORMS
$12,206.20
JPMORGAN CHASE BANK
OREILLY - BATTERY
$56.93
JPMORGAN CHASE BANK
OREILLY- SUPPLIES
$29.98
0
Claims List - 05/1612023
Fund Vendor Name
Payable Description
Payment
Amount
37 SALES TAX FIRE JPMORGAN CHASE BANK
R.B.ELLIS- TRAINING
$81.88
JPMORGAN CHASE BANK
SUMNER- COPIER SERVICE
$160.27
JPMORGAN CHASE BANK
TIME TO SHINE -MAINT
$137.64
JPMORGAN CHASE BANK
TRAVEL EXP 4/10 -14
$192.65
JPMORGAN CHASE BANK
TRAVEL EXP 4/23 -28
$447.80
JPMORGAN CHASE BANK
WALMART- FITTED SHEETS
$19.68
ONEOK INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
$1,321.19
TREASURER PETTY CASH
SERVICE OK -FIRE
$46.00
VERIZON WIRELESS
WIRELESS CONNECTION
$1,091.35
SALES TAX FUND -FIRE -Total
$66,916.19
SALES TAX FIRE -Total
$66,916.19
38 SALES TAX POLICE AT &T
PHONE SERVICE
$9.65
AT &T
PHONE USE
$25.94
CITY OF OWASSO
WATER SERVICE
$38.50
COBY WHITAKER
TUITION REIMBURSEMENT
$1,392.00
COX COMMUNICATIONS
PHONE USAGE
$212.09
DALE & LEES SERVICE INC
REPAIR & MAINTENANCE
$92.00
ENTERPRISE FM TRUST
FLEET LEASE
$2,255.26
FLEETCOR TECHNOLOGIES
FUEL PURCHASES APRIL 23
$13,530.02
GT DISTRIBUTORS INC
FIREARMS
$2,405.00
JPMORGAN CHASE BANK
AMAZON- SUPPLIES
$389.13
JPMORGAN CHASE BANK
AMAZON -TOOLS
$1,719.96
JPMORGAN CHASE BANK
AT YOUR SERV- RENTAL
$138.00
JPMORGAN CHASE BANK
CORNERSTONE -KEYS
$42.74
JPMORGAN CHASE BANK
1/0 SOLUT- SERVICE
$1,079.00
JPMORGAN CHASE BANK
JACK NEL -WATER HEATER
$10,799.00
JPMORGAN CHASE BANK
LODGING EXP 4/23 -28
$3,968.60
JPMORGAN CHASE BANK
LODGING EXP 5/3 -4
$236.90
JPMORGAN CHASE BANK
LOWES -DRAIN REPAIR
$15.98
JPMORGAN CHASE BANK
LOWES- SUPPLIES
$26.98
JPMORGAN CHASE BANK
MIDWAYUSA - SUPPLIES
$21435
JPMORGAN CHASE BANK
ODP- SUPPLIES
$68.78
JPMORGAN CHASE BANK
OK DIVISION - TRAINING
$75.00
JPMORGAN CHASE BANK
OK NEWS- SUBSCRIPTION
$130.00
JPMORGAN CHASE BANK
OREILLY -PARTS
$642.86
JPMORGAN CHASE BANK
ROBERTSON -PARTS
$148.66
JPMORGAN CHASE BANK
SAFARILAND -TOOLS
$3,229.34
JPMORGAN CHASE BANK
SAMS- SUPPLIES
$99.92
JPMORGAN CHASE BANK
STANDARD SUP - SUPPLIES
$20.97
JPMORGAN CHASE BANK
STAPLES - SUPPLIES
$265.80
JPMORGAN CHASE BANK
SUMNER- SERVICE
$108.83
0
Claims List - 05/16/2023
Fund Vendor Name
Payable Description
Payment
Amount
38 SALES TAX POLICE JPMORGAN CHASE BANK
THOMSON WEST- ACCESS
$486.07
JPMORGAN CHASE BANK
TRAVEL EXP 04124 -25
$76.48
MCINTOSH CORPORATION
AC REPAIR
$4,289.76
NORTH AMERICA FIRE EQUIPMENT CO.
VESTS
$1,834.00
ONEOK INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
$717.22
OWASSO FOP LODGE #149 POLICE DEPT
LEGAL DEFENSE
$196.00
PRECISION DELTA CORPORATION
AMMUNITION
$2,671.40
SHI INTERNATIONAL CORP
PD LAPTOPS
$30738
SHI INTERNATIONAL CORP
RECORDS LAPTOPS
$922.14
VERIZON WIRELESS
WIRELESS CONNECTION
$2,873.95
SALES TAX FUND - POLICE -Total
$57,755.66
SALES TAX POLICE -Total
$57,755.66
39 SALES TAX STREETS AEP /PSO
STREET LIGHTS
$8,936.63
BLUE ENERGY FUELS LLC
CNG FUEL CHARGE APRIL
$153.41
COX COMMUNICATIONS
PHONE USAGE
$7.44
CRAFCO INC
ROAD CRACK SEALENT
$2,880.00
ENTERPRISE FM TRUST
FLEET LEASE
$1,041.60
FLEETCOR TECHNOLOGIES
FUEL PURCHASES APRIL 23
$1,801.72
JPMORGAN CHASE BANK
AMAZON- LIGHTS
$280.19
JPMORGAN CHASE BANK
AMAZON -TOW STRAPS
$138.72
JPMORGAN CHASE BANK
BROWN FARMS -SOD
$260.00
JPMORGAN CHASE BANK
FLEET -FUEL
$730.88
JPMORGAN CHASE BANK
LOWES -HEX DRIVERS
$15.96
JPMORGAN CHASE BANK
RED WING- UNIFORM
$170.00
JPMORGAN CHASE BANK
SAVON -SIGN
$30.00
JPMORGAN CHASE BANK
SHINE FACT - REFUND
($100.00)
JPMORGAN CHASE BANK
SHINE FACT -TRUCK WASH
$225.00
JPMORGAN CHASE BANK
SOUTHWESTERN -CLASS
$790.00
JPMORGAN CHASE BANK
SOUTHWESTERN - TRAINING
$950.00
JPMORGAN CHASE BANK
VANCE BROS -TACK
$105.30
SIGNALTEK INC
LED PED COUNTDOWN
$390.00
SIGNALTEK INC
MAINTENANCE AGREEMENT
$2,930.00
TREASURER PETTY CASH
SERVICE OK- STREETS
$10.50
TULSA COUNTY HIGHWAY CONSTRUCTION
SIGNAGE & STRIPING
$559.10
TULSA COUNTY HIGHWAY CONSTRUCTION
STREET SIGNS /MARKERS
$629.40
UNIFIRST HOLDINGS LP
UNIFORM SERVICES
$324.20
VERDIGRIS VALLEY ELECTRIC COOP
116/129 TRAFFIC SIGN
$77.73
VERDIGRIS VALLEY ELECTRIC COOP
CHAMPION STREET LIGHT
$82.30
VERDIGRIS VALLEY ELECTRIC COOP
SECURITY LIGHT
$6.75
VERIZON WIRELESS
WIRELESS CONNECTION
$80.02
SALES TAX FUND-STREETS -Total
$23,506.85
10
Claims List - 05/16/2023
Fund
Vendor Name
Payable Description
Payment
Amount
39 SALES TAX STREETS
• Total
$23,506.85
40 CAPITAL IMPROVEMENTS
GARVER
ENGINEERING SERVICES - CI
$13,330.00
96TH FROM 134TH TO 145TH -Total
$13,330.00
THE LIGGETT REVOCABLE TRUST DATED
ROW ACQUISITION
$15,246.00
CIP 106 /129 INTERSECT IMP -Total
$15,246.00
GARVER
DESIGN -96 &145
$20,212.50
CIP 961145TH INTERSECT -Total
$20,212.50
K +D ARCHITECTS LLC
PARKS OFFICE BUILDING
$5,175.00
PARKS FACILITY • Total
$5,175.00
POE, LTD
FY22 -23 STREET REHAB
$16,490.00
STREET REHAB FY22.23 -Total
$16,490.00
CAPITAL IMPROVEMENTS
-Total
$70,453.50
70 VEHICLE MAINTENANCE
COX COMMUNICATIONS
PHONE USAGE
$14.88
JPMORGAN CHASE BANK
AMAZON - SUPPLIES
$56.79
JPMORGAN CHASE BANK
BUMPER -PARTS
$2,552.98
JPMORGAN CHASE BANK
BUMPER - SUPPLIES
$104.15
JPMORGAN CHASE BANK
CORNERSTONE -PARTS
$11.92
JPMORGAN CHASE BANK
DITCH WITCH -PARTS
$155.47
JPMORGAN CHASE BANK
FASTENAL- SUPPLIES
$14.94
JPMORGAN CHASE BANK
FIND IT -PARTS
$548.55
JPMORGAN CHASE BANK
GOODYEAR -TIRES
$2,899.19
JPMORGAN CHASE BANK
HESSELBEIN -TIRES
$310.46
JPMORGAN CHASE BANK
JIM GLOVER -MAINT
$2,993.22
JPMORGAN CHASE BANK
JIM GLOVER -PARTS
$1,744.17
JPMORGAN CHASE BANK
JIM NORTON -PARTS
$305.17
JPMORGAN CHASE BANK
LENOX- TOWING
$330.00
JPMORGAN CHASE BANK
LOWES- REPLACE
$15.92
JPMORGAN CHASE BANK
NPC- SUPPLIES
$269.32
JPMORGAN CHASE BANK
PEDAL COMM -PARTS
$1,175.95
JPMORGAN CHASE BANK
PEDAL COMM- REFUND
($105.00)
JPMORGAN CHASE BANK
ROBERTSON -PARTS
$94.99
JPMORGAN CHASE BANK
SAMS- SUPPLIES
$67.40
JPMORGAN CHASE BANK
SAVOW DECALS
$900.00
JPMORGAN CHASE BANK
SPEEDTECH- SUPPLIES
$13.56
JPMORGAN CHASE BANK
UNITED FORD -PARTS
$385.63
JPMORGAN CHASE BANK
VERMEER -PARTS
$1,132.40
ONEOK INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
$265.50
UNIFIRST HOLDINGS LP
UNIFORMS
$56.38
VEHICLE MAINTENANCE -Total
$16,313.94
VEHICLE MAINTENANCE
-Total
$16,313.94
11
Fund
Claims List - 05/1612023
Vendor Name
Payable Description Payment
Amount
76 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS $1,126.23
UNITED SAFETY & CLAIMS INC UNITED SAFETY CLAIMS $1,658.33
WORKERS' COMP SELF -INS -Total $2,784.56
WORKERS' COMP SELF -INS -Total $2,784.56
78 HEALTHCARE SELF INS FUND JPMORGAN CHASE BANK ENMOTIVE- WELLNESS $212.16
WELLNESS -Total $212,16
HEALTHCARE SELF INS FUND -Total $212.16
City Grand Total $832,922.98
12
TO: The Honorable Mayor and City Council
FROM: Chris Garrett, Assistant City Manager
SUBJECT: Capital Improvements Project Eligibility Public Hearing
DATE: May 12, 2023
SUMMARY:
The City Council conducts a public hearing regarding any project being considered for funding
from the Capital Improvements Fund. The project being considered at this time is East 861h Street
North Widening from North Main Street to North Garnett Road,
BACKGROUND:
The Capital Improvements Committee conducted a public meeting on April 25, 2023, to consider
a proposed amendment to the list of eligible Capital Improvements Fund projects.
As per the resolution defined procedures, the City Council conducts a public hearing to receive
and consider citizen input relevant to the recommendation made by the Capital Improvements
Committee. Notice of the public hearing must be made no less than 5 days prior to the public
hearing. At the conclusion of the public hearing, the City Council must continue the matter for at
least 2 weeks before taking any action to amend the listing of projects. Any action taken by the
City Council to amend the current list of projects must be made by approving a resolution.
PROJECT INFORMATION:
East 86th Street North from North Main Street to North Garnett Road is a project that qualifies for
Surface Transportation Block Grant (STBG) funds. The original project was constructed in 2002 -2003
as part of a State Transportation Program (STP) project to widen East 86 +h Street North when the
road was a two (2) lane road. The project was widened to a four (4) lane road with asphalt
surfacing, which has withstood 20 years of large traffic volumes (as high as 21,900 vehicles per
day) due to excellent construction of the subgrade and base material. However, after 20 years of
service this section of roadway has reached capacity, the asphalt surface is wearing and the
traffic signals at the intersections of North Main Street and North Garnett Road need updating.
On April 18, 2023, City Council approved a resolution to apply for STBG funds (for a maximum
amount of $3,000,000) for the design and subsequent construction to add a fifth lane to this
section of roadway, to allow for two lanes of traffic eastward and westward, and a center turn
lane. The asphalt surface will be replaced with concrete and the traffic signals will be modernized
to the City of Owasso standards, so they can communicate better with the other signals in the
corridor.
CURRENT PROJECT PRIORITIES:
Adopted March 21, 2023, Resolution 2023 -03 designated the following list of projects as eligible for
funding from the Capital Improvements Fund:
• East 76th Street North Widening Project (Hwy 169 to North 129th East Avenue)
CIP Public Hearing
Page 2 of 2
• East 76th Street North and US 169 Interchange Improvements
• East 86th Street North Widening from North 145th East Avenue to North 161st East Avenue
• Garnett Road Widening Project (East 96th Street North to East 106th Street North)
• Garnett Road Widening (East 106th Street North to East 116th Street North)
• East 96th Street North Widening from North 134th East Avenue to North 145th East Avenue
• East 96th Street North and North 145th East Avenue Intersection Improvements
• East 106th Street North and North 129th East Avenue Intersection Improvements
• East 116th Street North Widening from North Garnett Road to North 129th East Avenue
• East 116th Street North and North 129th East Avenue Intersection Improvements
• East 116th Street North and North 140th East Avenue Intersection Traffic Signal Improvements
• Annual Street Rehabilitation Program
• Highway 169 East and West Service Roads (East 66th Street North to East 126th Street North)
• Central Park / Lakeridge Subdivision Stormwater Improvements
• Rayola Park and Elm Creek Tributary 5A Stormwater Improvements
• Northwest Regional Detention
• Parks Facility
• Public Works Facility
• Vehicle Maintenance Facility
• Firing Range Multi- Purpose Facility
• Firing Range Shoot House
• Fire Station #1 Renovations
• Fire Station #2 Renovations
• Public Safety Vehicles
• Fiber Installation Owasso Police Department to Public Works
• Elm Creek Park Improvements
• Funtastic Island Renovations and Splash Pad
• Sports Park
CAPITAL IMPROVEMENTS COMMITTEE RECOMMENDATION:
On April 25, 2023, the Capital Improvements Committee held a meeting in accordance with the
Oklahoma Open Meeting Act and City Council Resolution 2003-14. The purpose of the meeting
was to consider a recommendation to the City Council to amend the current list of projects
eligible to be funded through the Capital Improvements Fund. Committee members discussed
the proposed street improvements. At the conclusion of the discussion, the Capital Improvements
Committee voted in favor of submitting a recommendation to the City Council amending the list
of eligible projects to include:
East 86th Street North Widening from North Main Street to North Garnett Road
PUBLIC HEARING:
Notice of the public hearing was published in the Owasso Reporter May 3, 2023, as required by
Resolution 2003 -14, as well as posted to the Public Notices section of the City website.
ATTACHMENTS:
Memoranda to Owasso Capital Improvements Committee dated April 21, 2023
Site Map
TO: The Capital Improvement Committee
FROM: H. Dwayne Henderson, P.E.
City Engineer
SUBJECT: East 86th Street North Widening from North Main Street to North Garnett Road
DATE: April 21, 2023
BACKGROUND:
East 86th Street North from North Main Street to North Garnett Road is a project that qualifies for
Surface Transportation Block Grant (STBG) funds. The original project was constructed in 2002 -2003
as part of a State Transportation Program (STP) project to widen East 86th Street North when the
road was a two (2) lane road. The project was widened to a four (4) lane road with asphalt
surfacing, which has withstood 20 years of large traffic volumes (as high as 21,900 vehicles per
day) due to excellent construction of the subgrade and base material. However, after 20 years of
service this section of roadway has reached capacity, the asphalt surface is wearing and the
traffic signals at the intersections of North Main Street and North Garnett Road need updating.
On April 18, 2023, City Council approved a resolution to apply for STBG funds (for a maximum
amount of $3,000,000) for the design and subsequent construction to add a fifth lane to this
section of roadway to allow for two lanes of traffic eastward and westward and a center turn
lane. The asphalt surface will be replaced with concrete and the traffic signals will be modernized
to the City of Owasso standards so they can communicate better with the other signals in the
corridor.
ADDITIONAL FUNDING:
East 86th Street Improvements are estimated to
require another source of funding to complete.
needed to offset the cost of the project.
RECOMMENDATION:
be $7,100,000. The $3,000,000 STBG funding will
Capital Improvement funding of $4,100,000 is
Staff recommends submitting the East 86th Street North Widening from North Main Street to North
Garnett Road to the Owasso City Council for consideration and appropriate action.
ATTACHMENT:
Site Map
East 86th Street North, North Main Street to North Garnett Road Widening
1" = 200 ft
Location Map
03/31/2023
This map may represents a visual display of related geographic information. Data provided hereon is not guarantee of acutual field conditions. To be sure of complete accuracy, please contact the
for
responsible staff most up- to-date information.
TO: The Owasso City Council
FROM: Kelly Lewis, Mayor
SUBJECT: Citizen Board and Commission Appointments
DATE: May 12, 2023
BACKGROUND:
Pursuant to authority contained in Article 2, Section 2 -4, subsection (e) of the Charter of the City
of Owasso, the City Council has established ordinances that provide, generally, for the Mayor to
appoint members to various boards, commissions, trusts, and committees; such appointments
are subject to confirmation by the City Council. Additionally, the City Council has established
the same procedure, by precedent, for those appointments not specifically addressed by
ordinance.
It is, therefore, the purpose of this memorandum to recommend for City Council confirmation
the following appointments to the positions as indicated:
AUDIT COMMITTEE:
Doug Bonebroke, Seat 1, City Council - term expires June 30, 2024
Robert Curfman, Seat 3, Business Person - term expires June 30, 2026
Andrea O'Dell, Seat 4, Non Practicing CPA - term expires June 30, 2026
BOARD OF ADJUSTMENT:
Dean Knoten - term expires June 30, 2026
Heather Cunningham - term expires June 30, 2026
CAPITAL IMPROVEMENTS COMMITTEE: term expires June 30, 2024
Doug Bonebrake, City Council
Lyndell Dunn, City Council
David Smith, Planning Commission
Dirk Thomas, OEDA
Jeff Davis, Citizen Representative
Keith Whitfield, Citizen Representative
Jason Drake, Citizen Representative
Rob Haskins, Citizen Representative
Jim Hunter, Citizen Representative
Kent Inouye, Citizen Representative
Chris Garrett, Assistant City Manager
Warren Lehr, City Manager
Carly Novozinsky, Finance Director
OWASSO ECONOMIC DEVELOPMENT AUTHORITY:
Dee Sokolosky- term expires June 30, 2028
Alvin Fruga, City Council - term expires June 30, 2024
Chelsea Levo Feary, Owasso Chamber of Commerce - term expires June 30, 2024
PERSONNEL BOARD:
Jerry Duke - term expires June 30, 2026
Boards and Committees
Page 2 of 2
PLANNING COMMISSION:
Chad Balthrop - term expires June 30, 2026
SALES TAX OVERSIGHT COMMITTEE: term for lifetime of sales tax or resignation
Matt Inouye, Citizen Representative
Brian Johnston, Citizen Representative
INDIAN NATIONS COUNCIL OF GOVERNMENTS ( INCOG) BOARD OF DIRECTORS AND GENERAL
ASSEMBLY: term expires June 30, 2025
Kelly Lewis, City Council
Warren Lehr, City Manager (Alternate)
INCOG TRANSPORTATION POLICY COMMITTEE: term expires June 30, 2024
Doug Bonebrake, City Council
Warren Lehr, City Manager (Alternate)
INCOG TRANSPORTATION TECHNICAL COMMITTEE: term expires June 30, 2024
Roger Stevens, Public Works Director
Dwayne Henderson (Alternate)
REGIONAL METROPOLITAN UTILITY AUTHORITY: term expires June 30, 2024
Roger Stevens, Public Works Director
Dwayne Henderson (Alternate)
TO: The Honorable Mayor and City Council
FROM: Jerry Fowler, Neighborhood Coordinator
SUBJECT: Neighborhood Grants
DATE: May 12, 2023
BACKGROUND:
In 2010, Owasso Strong Neighborhood (OSNI) Initiative began the Neighborhood Grant Program
in an effort to encourage capital investment into the neighborhoods, and provide supplemental
funding in addition to the neighborhood investment. Each year, the City budgets for grants from
the 2% Hotel Tax that funds OSNI. Grant awards have historically provided less than 30% of the
total project submission. Neighborhoods provide funding, and often supplies and volunteer labor
for the projects.
The Neighborhood Grant Program, administered by the Owasso Community Foundation (OCF)
based on a Contract for Service with the City, has awarded 111 grants for $125,830 from 2010 to
2023.
PROPOSED NEED:
In 2023, 12 grant applications were submitted for a record amount of $33,275 in requests. The
Fiscal Year 2023 Budget includes $30,000 for neighborhood grants. In addition to this budgeted
amount, OCF has made staff aware that there is enough unused grant money from previous years
to fund the $3,275 difference.
All grant requests were approved by OCF for $33,275. The benefit of funding the requests would
be a total investment of $95,706 into Owasso neighborhoods through improvements to entrances,
amenities, and infrastructure.
FUNDING:
Funding is available in the FY23 OSNI Budget.
RECOMMENDATION:
Staff recommends authorization for payment to the Owasso Community Foundation in the
amount of $30,000.
TO: The Honorable Mayor and City Council
FROM: Wendy Kramer, City Planner
SUBJECT: Final Plat — Garnett Business Plaza
DATE: May 12, 2023
BACKGROUND:
The Community Development Department received an application for the review and approval
of a Final plat for Garnett Business Plaza. The subject property is approximately 1. 185 acres in size
and is located north of the northwest corner of East 103rd Street North and North Garnett Road.
The subject property is zoned Commercial General (CG) under Owasso Planned Unit
Developments (OPUD 06 -04 and OPUD O1 -02).
SUBJECT PROPERTY /PROJECT DATA:
Property Size
1.185 acres +/-
Land Use Master Plan
Commercial
Current Zoning
Commercial General CG
Proposed Use
Office
Proposed Lots /Blocks
1 Lot, 1 Block
Within a PUD?
Yes; OPUD 06 -04 and OPUD 01 -02
Within an Overlay District?
No
Water Provider
City of Owasso
Applicable Paybacks /Fees
Storm Siren Fee ($50.00 per acre)
Ranch Creek Sewer Service Assessment Area ($610.33
per acre
Streets
Private
ANALYSIS:
• The Preliminary Plat for Garnett Business Plaza was approved by the Owasso Planning
Commission at their regular meeting on May 8, 2023.
• This proposed final plat depicts one (1) lot on one (1) block, to accommodate an office.
o The proposed lots, as depicted on the plat, meet the bulk and area requirements
stipulated in the OPUD 01 -02 and OPUD 06 -04 documents as well as those found
with the Owasso Zoning Code for CG -zoned property.
• Access for the plat will be provided for by two mutual access easements to private
roads, as shown on the plat.
o One mutual access road, shown on the western boundary of the plat, has
already been constructed. If currently services both the subject tract and the
adjacent memory care facility.
o Another mutual access road is shown on the eastern side of the plat and will be
eventually constructed to connect the property to the existing lots to the south.
This will help minimize curb cuts along North Garnett Road.
Final Plat- Garnett Business Plaza
Page 2
a In addition, there is intention for a third private mutual access road to be
constructed by the property owner to the north; this lot will have access to said
access road, as well.
• Detention is provided by an offsite detention pond to the north that is currently under
review.
• The plat provides all the necessary perimeter utility easements to service the proposed
development.
• The City of Owasso will provide police, fire, ambulance, water and sanitary sewer
services to the property.
• Any development that occurs on the subject property shall adhere to all development,
zoning, and engineering requirements of the City of Owasso.
SURROUNDING ZONING:
Direction
Zoning
Use
Land Use Plan
Jurisdiction
North
Commercial General (CG)
Vacant
Commercial
City of Owasso
South
Commercial General (CG)
Vacant
Commercial
City of Owasso
East
Residential Single - Family (RS -3)
Residential
Residential
City of Owasso
West
Commercial General (CG)
Assisted Living &
Memory Care Facility
Commercial
City of Owasso
PLANNING COMMISSION:
The Owasso Planning Commission voted 5-0 to recommend approval of the final plat for Garnett
Business Plaza at their regular meeting on May 8, 2023.
RECOMMENDATION:
In developing a recommendation, staff evaluated the final plat on the criteria outlined in
Section 2.4 of the Owasso Subdivision Regulations. Following this evaluation, staff concluded that
the subject plat meets all of the legal requirements for approval.
As such, staff recommends approval of the final plat for Garnett Business Plaza.
ATTACHMENTS:
Aerial Map
Final Plat- Garnett Business Plaza
Aerial Map N
Preliminary Plat- Garnett Business Plaza Subject
FINAL SUBDIVISION PLAT
GARNETT BUSINESS PLAZA
OPUD 06 -04
ZONED CG
OWNER: ENGINEER. SURVEYOR:
LAND DESTINATION, LLC MILLS ENGINEERING, LUG ATAS-VID OFFICE INC.
GARNETT BUSINESS PLAZA
FINAL SUBDIVISION PLAT
OPUD 06-04
ZONED CG
BACKGROUND:
City staff is currently involved in the acquisition of right -of -way and easements for East 106th
Street North and North 129th East Avenue Intersection Improvement Project. As a part of those
acquisitions, negotiations for the purchase of land from Jerry D. Mercer Family Trust for 5,575.7
square feet of right -of -way, and from Church of Christ of Owasso, Inc. for 7,888.7 square feet of
permanent easement.
DESCRIPTION /PURCHASE PRICE:
Mercer Family (Parcel 3.0, 3.1) - The settlement offer for the right -of -way is approximately $5.56
per square foot, for the purchase of $31,000.00. Compensation for easement in the amount of
$9,000.00 is in addition to the right -of -way cost, for a total offer of $40,000.00.
Church of Christ of Owasso, Inc. (Parcel 14.11 The settlement offer for the permanent easement
is approximately $1.96 per square foot, for the purchase of $14,262.00. Compensation for other
damages in the amount of $12,238.00 is in addition to the permanent easement cost, for a total
offer of $26,500.00.
FUNDING:
Funding for these purchases are included in the project budget from the Capital Improvements
Fund.
Staff recommends authorization for payment in the amount of $40,000.00 to Jerry D. Mercer
Family Trust for the acquisition of right-of-way and easement, located at 12712 East 107th Street
North.
Staff recommends authorization for payment in the amount of $26,500.00 to Church of Christ of
Owasso, Inc. for the acquisition of permanent easement and other damages, located at 10510
North 129th East Avenue.
ATTACHMENTS:
Site Map
Settlement Offers
TO: The Honorable Mayor and City Council
FROM: Roger Stevens, Public Works Director
SUBJECT: Right-of-Way Acquisition for East 106th Street North and North 129th East Avenue
Intersection Improvements
DATE: May 12, 2023
BACKGROUND:
City staff is currently involved in the acquisition of right-of-way and easements for East 106th
Street North and North 129th East Avenue Intersection Improvement Project. As a part of those
acquisitions, negotiations for the purchase of land from Jerry D. Mercer Family Trust for 5,575.7
square feet of right-of-way, and from Church of Christ of Owasso, Inc. for 7,888.7 square feet of
permanent easement.
DESCRIPTION /PURCHASE PRICE:
Mercer Family (Parcel 3.0, 3.1) - The settlement offer for the right -of -way is approximately $5.56
per square foot, for the purchase of $31,000.00. Compensation for easement in the amount of
$9,000.00 is in addition to the right-of-way cost, for a total offer of $40,000.00.
Church of Christ of Owasso, Inc. (Parcel 14.11 The settlement offer for the permanent easement
is approximately $1.96 per square foot, for the purchase of $14,262.00. Compensation for other
damages in the amount of $12,238.00 is in addition to the permanent easement cost, for a total
offer of $26,500.00.
FUNDING:
Funding for these purchases are included in the project budget from the Capital Improvements
Fund.
Staff recommends authorization for payment in the amount of $40,000.00 to Jerry D. Mercer
Family Trust for the acquisition of right -of -way and easement, located at 12712 East 107th Street
North.
Staff recommends authorization for payment in the amount of $26,500.00 to Church of Christ of
Owasso, Inc. for the acquisition of permanent easement and other damages, located at 10510
North 129th East Avenue.
ATTACHMENTS:
Site Map
Settlement Offers
E 106 St N and N 129 E Ave Intersection Improvements - Land Acquisition
1" = 309 ft
Parcel 3.0,3.1,14.1
05/08/2023
This map may represents a visual related geographic information. Data provided hereon is no -, gu arentee of acutual field conditions. To be sure of complete accuracy, please comact the
responsible staff ost up- to-date information.
Jerry D. Mercer Family Trust, dated 10. 2020
DEPARTMENTOF
TRANSPORTATION
DATE
Payment for right-of -way and any and all damages Including:
Payment for the purchase of 0.1280 acres of permanent right of
way (P3.0) and 0.0573 acres of permanent Utility Easement
(P3.1).
$40,000.00
Improvements: None
Damages: None
JIP No.: 33317(04)
Project: E. 106th St. N and N 129th E. Ave
County: Tulsa
Parcel: 3.0, 3.1
E 106 St N and N 129 E Ave Intersection Improvements - Land Acquisition
Parcel 3.0,3.1,14.1
05/08/2023
This reap may rcprasens a visual --Isola. of relateo geograonic info nration. Data pro, dcd here en is no- guarar.-cc of ecutual f =1d condricns. To Ga sure cf co-r�olete a.:urac_;; plea;_ ccnia;,tth=
rescon:ibie staff fcr most up -to -date information
Church of Christ of Owasso, Inc.
$26,500.00
DATE
Payment for right- of -vray and any and all damages Including:
Payment for the purchase of 0.1811 acres of permanent tightof
$26,500.00
Improvements: None
Damages: Replace 730 SF Asphalt Surface, Relocate Personal
Property (Vinyl Sign), Relocate Monument Sign, Reconfigure
Electrical
J/P No.: 33317(04)
Project: E 106th St. N and N 129th E. Ave
County: Tulsa
Parcel: 14.1
CLAIM 1 OF 1
TO: The Honorable Mayor and City Council
FROM: H. Dwayne Henderson. P.E., City Engineer
SUBJECT: Oklahoma Department of Transportation Project Maintenance, Financing and
Right -of -Way Agreement - East 106th Street North and North 129th East Avenue
Intersection Improvement Project
DATE: May 12, 2023
BACKGROUND:
On February 5, 2019, City Council approved an agreement with Garver, LLC, of Tulsa, Oklahoma
for engineering services. The intersection project is 90% complete with design and 60% complete
with right -of -way acquisition. Utility relocation will commence once right -of -way has been
completed. Construction will begin after utilities are relocated and the project is bid by
Oklahoma Department of Transportation (ODOT).
Since the Federal Highway Administration is participating toward construction of this project, an
agreement between the City of Owasso and ODOT is required to formalize the funding.
PROPOSED AGREEMENT:
The ODOT Project Maintenance, Financing and Right -of -Way Agreement is based on the
engineering construction estimate provided by City staff. If approved by the City Council, ODOT
will be responsible for the road construction, up to $1,561,366. The City will be responsible for
funding the engineering, surveying and geotechnical costs, and remaining construction. The
following table depicts the cost distribution of the original application:
Project Segment
Total
ODOT Portion*
City of Owasso*
Engineering
$250,000
N/A
$250,000
Right -of -way
$1,200,000
N/A
$1,200,000
Utility Relocation
$900,000
N/A
$900,000
Construction
$6,792,085
$1,561,366
$5,638,244
Administration
$407,525
N/A
$407,525
Total Project Costs
$9,549,610
$1,561,366
$7,988,244
FUNDING:
Funding is available in the Capital Improvements Fund.
RECOMMENDATION:
Staff recommends approval of the Project Maintenance, Financing, and Right -of -Way
Agreement between the City of Owasso and Oklahoma Department of Transportation (ODOT)
in an estimated amount of $9,549,610 and authorization to execute the necessary documents.
ATTACHMENTS:
Site Map
ODOT -City of Owasso Project Maintenance, Financing and Right -of -Way Agreement
E. 106th Str. N. /N. 129th E. Ave Intersection
111= 500 n
Location Map
04/28/2023
This map may represems a visual display of related geographic information. Data provided hereon is no: guarantee of acutual field conditions. To be sure c complete accuracy, please contact the
responsible staf, for most up -to -date information.
URBAN PROJECT AGREEMENT — (NOT TO EXCEED) (11/23/2020)
STATE OF OKLAHOMA
DEPARTMENT OF TRANSPORTATION
PROJECT MAINTENANCE, FINANCING, AND RIGHT -OF -WAY AGREEMENT
WIDEN 106TH ST NORTH /129TH INTERSECTION FROM A 2 -LANE FOUR WAY STOP TO A
FIVE LANE SIGNALIZED INTERSECTION
Project No.: J3- 3317(004)IG
State Job No.: 33317(04)
This agreement, made the day and year last written below, by and between the City of
Owasso, hereinafter referred to as the Sponsor, and the Department of Transportation
of the State of Oklahoma, hereinafter referred to as the Department, for the following
intents and purposes and subject to the following terms and conditions, to wit:
WITNESSETH
WHEREAS, The Sponsor requested that certain street improvements be approved by
the Oklahoma Transportation Commission, as were previously programmed by the
Sponsor and described as follows:
Project Type
Div.
County
JP No Project
Work Type
Description
N0.
INCOG STP
OS
TULSA
33317(04) J3- 3317(004)IG
INTERSECTION
WIDEN 106TH ST NORTH /129TH INTERSECTION FROM
MODIFICATION
A 2 -LANE FOUR WAY STOP TO A FIVE LANE
SIGNALIZED INTERSECTION
WHEREAS, the Department is charged under the laws of the State of Oklahoma with
construction and maintenance of State Highways; and,
WHEREAS, the Department is, by terms of agreements with the Federal Highway
Administration, responsible for the management and construction of certain federally
funded projects within the corporate limits of cities within the State of Oklahoma; and,
WHEREAS, the Sponsor has been identified as the beneficiary and sub - recipient of
such federally funded project; and,
WHEREAS, receipt of the benefits of this project will require that the Sponsor assume
certain financial responsibilities; and,
WHEREAS, the Sponsor is a municipal corporation created and existing under the
constitution and laws of the State of Oklahoma; and
URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11/23/2020)
WHEREAS, the laws and constitution of the State of Oklahoma impose financial
restrictions on the Sponsor and its ability to ensure financial obligations; and,
WHEREAS, the Parties hereto recognize those financial limitations and agree that the
financial obligations assumed by the Sponsor, by the terms of this Agreement, are
enforceable only to the extent as may be allowed by law or as may be determined by a
court of competent jurisdiction; and,
WHEREAS, it is understood that, by virtue of the Article 10, Section 26 of the Oklahoma
Constitution, the payment of Sponsor funds in the future will be limited to appropriations
and available funds in the then current Sponsor fiscal year.
NOW, THEREFORE: the Department and the Sponsor, in consideration of the mutual
covenants and stipulations as set forth herein, do mutually promise and agree as
follows:
SECTION 1: PROJECT AGREEMENT
1.1 If applicable, the Department will recommend approval of the project by the Federal
Highway Administration.
1.2 The Sponsor agrees to comply with Title VI of the Civil Rights Act of 1964, 78 Stat.
§ 252, 42 U.S.C. § 2000d et seq., and all requirements imposed by or pursuant to Title
49, Code of Federal Regulations, Part 21 - "Nondiscrimination in federally assisted
programs of the Department of Transportation - effectuation of Title VI of the Civil Rights
Act 1964 ".
1.3 The DEPARTMENT and SPONSOR mutually recognize that each party is a
governmental entity subject to the provisions of the Governmental Tort Claims Act (51
O.S. § 151 et seq.). The DEPARTMENT and SPONSOR hereby mutually agree that
each is and may be held severally liable for any and all claims, demands, and suits in
law or equity, of any nature whatsoever, paying for damages or otherwise, arising from
any negligent act or omission of any of their respective employees, agents or
contractors which may occur during the prosecution or performance of this Agreement
to the extent provided in the Governmental Tort Claims Act. Each party agrees to
severally bear all costs of investigation and defense of claims arising under the
Governmental Tort Claims Act and any judgments which may be rendered in such
cause to the limits provided by law. Nothing in this section shall be interpreted or
construed to waive any legal defense which may be available to a party or any
exemption, limitation or exception which may be provided by the Governmental Tort
Claims Act.
2
URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11/23/2020)
1.4 The Sponsor understands that should it fail to fulfill its responsibilities under this
Agreement, such a failure will disqualify the Sponsor from future Federal -aid funding
participation on any proposed project. Federal -aid funds are to be withheld until such a
time as an engineering staff, satisfactory to the Department has been properly
established and functioning, the deficiencies in regulations have been corrected or the
improvements to be constructed under this Agreement are brought to a satisfactory
condition of maintenance.
SECTION 2: ENGINERRING RESPONSIBILITIES
2.1 The Sponsor shall provide professional engineering services for the development of
the Plans, Specifications and Estimates (PS &E) for this project. Design engineering for
this project will be performed under the supervision of the Sponsor. Sponsor warrants
to the Department that they will review the plans and will certify that the plans are
acceptable to the Sponsor and are in full compliance with current standards and
specifications.
2.2 Progress payments will be made to the consultant by the DEPARTMENT upon
receipt of a properly executed claim form, approved by the SPONSOR, accompanied by
suitable evidence of the completion of the work claimed, as detailed in the engineering
contract.
2.3 The SPONSOR agrees to hold the Federal Government and the DEPARTMENT
harmless from, and shall process and defend at its own expense, all claims, demands,
or suits, whether at law or equity brought against the SPONSOR, the DEPARTMENT,
or Federal Government, arising from the SPONSOR's execution, performance, or
failure to perform any of the provisions of this Agreement, or arising by reason of the
participation of the DEPARTMENT or Federal Government in the project, PROVIDED,
nothing herein shall require the SPONSOR to reimburse the DEPARTMENT or
Federal Government for damages arising out of bodily injury to persons or damage to
property caused by or resulting from the sole negligence of the Federal Government or
the DEPARTMENT.
2.4 When any alleged act, omission, negligence, or misconduct may be subject to
the limitations, exemptions, or defenses which may be raised under the Governmental
Tort Claims Act, 51 O.S. Sec. 151, et seq., all such limitations, exemptions, and
defenses shall be available to and may be asserted by the SPONSOR. No liability shall
attach to the DEPARTMENT or Federal Government except as expressly provided
herein.
3
URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11/23/2020)
2.5 The Sponsor agrees to the location of the subject project and agrees to adopt the
final plans for said project as the official plans of the Sponsor for the streets,
boulevards, arterial highways and /or other improvements contained therein; and further,
the Sponsor affirmatively states that it has or shall fully and completely examine the
plans and shall hereby warrant to the Department, the Sponsor's complete satisfaction
with these plans and the fitness of the plans to construct aforesaid project.
2.6 The Sponsor certifies that the project design plans shall comply, and the project
when completed will comply, with the requirements of the Americans with Disabilities
Act (ADA) of 1990 (42 U.S.C. §§ 12101 — 12213), 49 CFR Parts 27, 37 and 38 and 28
CFR parts 35 and 36. The Sponsor shall be exclusively responsible for integrated ADA
compliance planning for all Sponsor streets, sidewalks and other facilities provided for
public administration, use and accommodation, which is required of recipients and sub -
recipients by 49 CFR § 27.11. State highways continued through corporate limits of the
Sponsor shall be included in the Sponsor's comprehensive compliance plans.
2.7 To the extent permitted by law, all data prepared under this agreement shall be
made available to the Department without restriction or limitation on their further use,
with exception of any documents or information that would be considered attorney /client
privileged by the Sponsor.
2.8 The Department will conduct the environmental studies and prepare the National
Environmental Protection Act documents as required for federally funded projects.
2.9 The Department will forward the environmental documents to FHWA for approval if
applicable.
SECTION 3: LAND ACQUISITION AND UTILITY RELOCATION
3.1 The Sponsor warrants to the Department that, they have or will acquire all land,
property, or rights -of -way needed for complete implementation of said project, free and
clear of all obstructions and encumbrances and in full accordance with the Department's
guidelines for Right -of -Way Acquisition on Federal -Aid Projects, the Uniform Relocation
Act, the National Environmental Protection Act and all other applicable local, state and
federal regulations.
3.2 The Sponsor shall be responsible for ensuring all proper tax documentation is filed
and issued to recipients of funds paid on behalf of the Sponsor for Right -of -Way
acquisition for this project.
4
URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11/23/2020)
3.3 The Sponsor warrants to the Department that it is knowledgeable of and will comply
with the provisions of 42 U.S.C.A., Section 4601 -4655 and 23 U.S.C.A., Section 323 (as
amended) and 49 C.F.R. Part 24 in the acquisition of all right -of -way and the relocation
of any displacees.
3.4 The Sponsor shall remove, at its own expense, or cause the removal of, all
encroachments on existing streets as shown on said plans, including all buildings,
porches, fences, gasoline pumps, islands, and tanks, and any other such private
installations and shall further remove or remediate any existing environmental
contamination of soil and water from any source, known or unknown.
3.5 If the acquisition of right -of -way for this project causes the displacement of any
person, business or non - profit organization, the Sponsor warrants it will provide and be
responsible for the Relocation Assistance Program and all costs associated with the
Relocation Assistance Program. The Department, upon request, will provide a list of
service providers who have been prequalified to administer the Relocation Assistance
Program. The Sponsor agrees to employ a service provider from the prequalified list
provided by the Department. Prior to any relocation assistance payments to the
Sponsor, all files with parcels requiring relocation assistance shall be submitted to the
Department for audit and compliance review. The Sponsor shall notify the Department
within seven (7) days of the date of an offer to acquire being provided to a property
owner(s) on any parcel which will require relocation assistance. Written notifications
regarding service providers, in -house personnel, appeals, offers to acquire or other
related correspondence shall be properly addressed and remitted as follows:
Oklahoma Department of Transportation
Operations Division
200 N. E. 21St Street
Oklahoma City, Oklahoma 73105 -3204
3.6 The Sponsor warrants that any procurement, using federal funds, of property,
goods or professional and personal services required for this project will be acquired by
the Sponsor in compliance with the federal procurement Regulations at 40 USC 1101-
1104 (Brooks Act) and the Regulations for Administration of Engineering and Design
Related Service Contracts at 23 C.F.R. Part 172, as well as provisions of State
purchasing laws applicable to the Sponsor.
3.7 The Sponsor will certify to the Department prior to establishing a letting date that all
existing utility facilities (if any) have been properly adjusted in full accordance with the
Department's Right -of -Way and Utilities Division policies and procedures to
accommodate the construction of said project; and will be solely responsible for
5
URBAN PROJECT AGREEMENT -(NOT TO EXCEED) (11/23/2020)
payment of any and all contractor expenses, claims, suits and /or judgments directly
resultant from any actual utility relocation delays.
3.8 The Sponsor shall have the authority pursuant to 69 O.S. § 1001 and 69 O.S. §
1004 to sell any lands, or interest therein, which were acquired for highway purposes as
long as such sale is conducted in accordance with the above cited statutes.
3.9 The Sponsor agrees that if any property acquired utilizing Federal funding is
disposed of or is no longer used in the public interest the Sponsor shall reimburse the
Department at the current fair market value.
3.10 The Sponsor agrees to;
- Transmit copies of the instruments, including all deeds and easements, to the
Department prior to the advertisement of bids for construction.
- Comply with the provisions of 42 U.S.C.A. § 4601 -4655 and 23 U.S.C.A. § 323
(as amended) and, further comply with 49 C.F.R. Part 24 in the acquisition of all
necessary right -of -way and relocation of all displacees.
- Convey title to the State of Oklahoma on all tracts of land acquired in the name of
the Sponsor if the project is located on the State Highway System.
SECTION 4: FUNDING SUMMARY
4.1 The Department and the Sponsor agree that the project will be financed at a not -
to- exceed, IN COG STP total estimated cost of $1,561,366, as described below:
FUNDING SOURCE =>
INCOG
OWASSO
STATE
TOTAL
JOB PIECE
DESCRIPTION
ESTIMATED
SHARE
AMOUNT
SHARE ( %)
AMOUNT
NO.
COST
(/)
33317(05)
Design -
$0
$0
100
$250,000
33317(06)
Right -of -Way-
$0
$0
100
$1,200,000
33317(07)
Utilities -
$0
$0
100
1 $900,000
Construction-
33317(04)
(With 6%
$7,199,610
Capped
$1,561,366
Remaining
$5,638,244
Inspection)
at
Total
$7,199,610
Total =>
$1,561,366
Total => 1
$7,988,244
N.
URBAN PROJECT AGREEMENT -(NOT TO EXCEED) (11/23/2020)
4.2 Furthermore, the Department and the Sponsor agree that actual INCOG STP costs
incurred by project phases (JP 33317(04) may exceed initial estimates. Costs between
these project phases will be administratively adjusted based on actual cost of each
phase, within the total cost of this agreement, without formal supplemental agreement,
in so far as the total project agreement is not exceeded.
4.3 It is understood by the Sponsor and the Department that the funding participation
stipulated herein may be altered due to bid prices, actual construction supervision costs
and non - participating costs incurred during construction. The Sponsor will be
responsible for payment of any estimated local funding prior to advertising the project
for bid. Upon final acceptance of this project, the total project cost will be determined,
and the final amount of local funds (if any) will be determined by the Department's
Comptroller per the terms of this agreement. A refund will then be made by the
Department to the Sponsor or additional funding will be requested. The Sponsor agrees
to make arrangements for payment of any Department invoice within 45 days of receipt.
SECTION 5: CONSTRUCTION RESPONSIBILITIES
5.1 The Sponsor agrees to comply with all applicable laws and regulations necessary
to meet the Oklahoma Department of Environmental Quality (ODEQ) requirements for
pollution prevention including discharges from storm water runoff during the planning
and design of this project. Further, the Sponsor agrees and stipulates as stated in the
ODEQ's General Permit 0KR10, dated September 13, 2017 or latest revision, to secure
a storm water permit with the ODEQ for utility relocations, when required. It is also
agreed that the storm water management plan for the project previously described in
the document includes project plans and specifications, required schedules for
accomplishing the temporary and permanent erosion control work, the site specific
storm water pollution prevention plan and the appropriate location map contained in the
utility relocation plans.
5.2 The Sponsor's responsibility for environmental cleanup will be a continuing
responsibility to remediate any and all known and unknown environmental damage
throughout the duration of this agreement with the Department in compliance with State
and federal regulations.
5.3 The roadway improvements and all devices specified herein shall not be altered,
removed, or cease to be operative without mutual written consent of the Department
and the Sponsor.
5.4 Upon approval of this agreement and the plans, specifications, and estimates by
the Sponsor, the Department, and the Federal Highway Administration (if applicable),
7
URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (1123/2020)
the Department will advertise and let the construction contract for this project in the
usual and customary legal manner. It is agreed that the projects herein contemplated
are proposed to be financed as previously described, and that this agreement, all plans,
specifications, estimate of costs, acceptance of work, payments, and procedure in
general hereunder are subject in all things at all times to all local, state and federal laws,
regulations, orders, approvals as may be applicable hereto.
5.5 The Department shall provide a copy of the executed construction contract to the
Sponsor, upon receipt of a written request.
5.6 The Department will notify the Sponsor of pre -bid dates, bid opening dates, and
Transportation Commission award dates in writing upon receipt of a written request.
5.7 The Sponsor agrees that prior to the Department's advertising of the project for bids
(as to that part of the project lying within the present corporate limits) it will:
- Grant to the Department and its contractors, the right -of -entry to all existing
streets, alleys, and Sponsor owned property when required, and other rights -of-
way shown on said plans.
- Remove at its own expense, or cause the removal of, all encroachments on
existing streets as shown on said plans, including all signs, buildings, porches,
awnings, porticos, fences, gasoline pumps and islands, and any other such
private installations.
- Prohibit parking on that portion of the project within the corporate limits of the
Sponsor, except as may be indicated in the plans or hereafter approved by
agreement with the Department. The Sponsor further agrees not to install, or
permit to be installed, any signs, signals or markings not in conformance with the
standards approved by the Federal Highway Administration and Manual on
Uniform Traffic Control Devices (MUTCD).
- Comply with the Department's standards for construction of driveway entrances
from private property to the highway, in accordance with the Department's
manual entitled "Policy on Driveway Regulation for Oklahoma Highways ", Rev.
5/96, 69 O.S. (2001) § 1210.
- Maintain all right -of -way acquired for the construction of this project, as shown on
said plans, in a manner consistent with applicable statutes, codes, ordinances
and regulations of the Department and the State of Oklahoma.
H
URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11/23/2020)
Have the authority pursuant to 69 O.S. 2001 § 1001 and 69 O.S. 2001 § 1004 to
sell any lands, or interest therein, which were acquired for highway purposes as
long as such sale is conducted in accordance with the above cited statutes. Prior
written approval by the Chief, Right -of -Way Division for the Department shall be
required before any sale is made.
5.8 The Sponsor further agrees and warrants to the Department that, subsequent to the
construction of said project, the Sponsor will:
1) Erect, maintain and operate traffic control devices, including signals, signs and
pavement markings only in accordance with 47 O.S. 2011 §§ 15 -104- 15 -106,
and subject to agreement of the Department:
a) In the event that any traffic signal installed hereunder is no longer needed for
the purposes designated herein, then the traffic signal installed hereunder
shall not be moved by the Sponsor to any other point other than that which is
approved by the Department prior to such removal.
b) In the event there is no mutually agreed location for the reinstallation, the
Sponsor will assume complete ownership of the equipment following removal,
if the installation is ten (10) years old or older. If the installation is less than
ten (10) years old and:
1) In the event the Sponsor desires total ownership of the equipment, the
Sponsor shall reimburse the Department the original federal funding
percentage share for the original equipment cost only, amortized for a
ten(10) year service life, interest ignored, and assuming straight line
depreciation.
2) In the event the Sponsor does not desire total ownership of the
equipment, the Sponsor shall sell the equipment at public auction to
the highest bidder. The Sponsor shall reimburse the Department the
original federal funding percentage share of the proceeds of such sale.
2) Subject to agreement with the Department, regulate and control traffic on said
project, including but not limited to, the speed of vehicles, parking, stopping and
turns only in accordance with 47 O.S. 2011 §§ 15 -104- 15 -106, and to make no
changes in the provisions thereof without the approval of the Department. It shall
be the responsibility of the Sponsor to notify the Department of any changes
necessary to ensure safety to the traveling public.
URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11/23/2020)
3) Maintain all drainage systems and facilities constructed, installed, modified or
repaired in conjunction with this project or as may be otherwise necessary to
ensure proper drainage for road surfaces constructed under the terms of this
agreement.
4) Maintain all curbs and driveways abutting road surfaces constructed under the
terms of this agreement and all sidewalks adjacent thereto.
5) Maintain all right -of -way areas adjacent to road surfaces, including erosion
control and periodic mowing of vegetation, in a manner consistent with applicable
codes, ordinances and regulations.
6) For any portion of the project encompassed under this agreement that is part of
the State Highway System, the Sponsor shall maintain all that part of said project
within the corporate limits of the Sponsor between the gutter lines and the right -
of -way lines, and if no gutter exists, between the shoulder lines and the right -of-
way lines, including storm sewers, all underground facilities, curbs and mowing,
all in accordance with 69 O.S. Supp. 1994 §901 and all other applicable law.
7) On limited access highways where county roads or city streets extend over or
under the highway or public roads are constructed on state rights -of -way but
there is no immediate ingress and egress from the highway, responsibility shall
be as follows:
a. The public roads as defined in OAC 730:35 -1 -2 shall be maintained by the
city or county and shall be included in their roadway mileage inventory.
b. Where county roads or city streets extend over the highway, the roadway,
approaches and bridge surfaces, including the deck, shall be maintained
by the city or county. The approach guardrail, bridge structure, and
highest clearance posting on the structure shall be maintained by the
Department.
c. Where county roads or city streets extend under the highway, the roadway
approaches and advance signing shall be maintained by the city or
county. The Department shall maintain the approach guardrail, bridge
structure and surface, and the height clearance posting on the structure.
5.9 The Sponsor further agrees and warrants to the Department concerning any sign
and highway facility lighting included as part of this project:
10
URBAN PROJECT AGREEMENT -(NOT TO EXCEED) (11/23/2020)
1) The Sponsor will, upon notice from the Department Engineer, provide at its own
expense all required electrical energy necessary for all preliminary and
operational tests of the highway lighting facilities.
2) Upon completion of the construction of said project, the Sponsor will be
responsible for the maintenance and cost of operation of these highway lighting
facilities, including all appurtenances thereto and including the sign lighting
facilities.
3) It is specifically understood and agreed that the highway lighting and sign lighting
facilities specified hereunder shall be continuously operated during the hours of
darkness, between sunset and sunrise, and shall not be altered, removed or be
allowed to cease operation without the mutual written consent of the Department
and the Sponsor.
4) The Sponsor agrees to provide, on a periodic schedule, an inspection, cleaning
and re- lamping maintenance program to assure the maximum efficiency of the
highway lighting facilities.
5) In the event that the highway lighting facilities installed hereunder are no longer
needed for the purposes designated herein, then the highway lighting facilities
installed hereunder shall not be moved by the Sponsor to any point other than
which is approved by the Department prior to such removal.
6) In the event there is no mutually agreed location for reinstallation, the Sponsor
will assume complete ownership of the equipment following removal if the
installation is twenty (20) years old or older. If the installation is less than twenty
years old and:
a) In the event the Sponsor desires total ownership of the equipment, the
Sponsor shall reimburse the Department the original federal funding
percentage share of the original equipment costs only, amortized for a twenty
(20) year service life, interest ignored, and assuming straight line
depreciation.
b) In the event the Sponsor does not desire total ownership of the equipment,
the Sponsor shall sell the equipment at public auction to the highest bidder.
The Sponsor shall reimburse the Department the original federal funding
percentage share of the proceeds of such sale.
URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (1123/2020)
5.10 The Department will appoint competent supervision and inspection of the
construction work performed by the construction contractor and will provide such
engineering, inspection and testing services as may be required to ensure that the
construction of the project is accomplished in accordance with the approved Plans,
Specifications and Estimates. The Department reserves the right to make such changes
in said plans as may be necessary for the proper construction of said project.
1) The Sponsor agrees to provide such competent supervision as the Sponsor deems
necessary during times that the work is in progress to insure the completion of the
project to the Sponsor's satisfaction and the Sponsor's representatives and the
Department's representatives will cooperate fully to the end of obtaining work strictly
in accordance with the plans and specifications.
2) The Sponsor will make ample provisions annually for the proper maintenance of
said project, including the provision of competent personnel and adequate
equipment, specifically, to provide all required maintenance of the project during the
critical period immediately following construction and to keep the facility in good and
safe condition for the benefit of the traveling public.
3) The Sponsor warrants to the Department that it will periodically review the
adequacy of the aforesaid project to ensure the safety of the traveling public and
should the Sponsor determine that further modifications or improvements be
required, the Sponsor shall take such actions as are necessary to make such
modifications or improvement. When operation modifications are required which in
the opinion of the Department exceed the capability of the Sponsor's staff, the
Sponsor agrees to retain, at the sole expense of the Sponsor, competent personnel
for the purpose of bringing the improvement up to the proper standard of operation.
4) The Sponsor warrants and agrees that upon completion of the aforesaid project, the
Sponsor assumes any and all financial obligations for the operation, use, and
maintenance of the aforesaid project.
SECTION 6: NON - DISCRIMINATION CLAUSE
1. During the performance of this agreement, the Sponsor, for itself, its assignees
and successors in interest, agrees as follows:
1) Compliance with Regulations:
The Sponsor shall comply with the regulations relative to nondiscrimination in
federally- assisted programs of the Department of Transportation, Title 49, Code
of Federal Regulations, Part 21, as they may be amended from time to time
12
URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11/23/2020)
(hereinafter referred to as the Regulations), which are herein incorporated by
reference and made a part of this agreement.
2) Nondiscrimination:
The Sponsor, with regard to the work performed by it during the agreement, shall
not discriminate on the grounds of race, color, sex, age, national origin,
disability /handicap, or income status, in the selection and retention of contractors
or subcontractors, including procurements of materials and leases of equipment.
The Sponsor shall not participate either directly or indirectly, in the discrimination
prohibited by Section 21.5 of the Regulations, including employment practices
when the contract covers a program set forth in appendix B of the Regulations.
3) Solicitations for Subcontracts, Including Procurement of Materials and
Equipment:
In all solicitations, either by competitive bidding or negotiation, made by the
Sponsor for work to be performed under a contract or subcontract, including
procurements of materials or leases of equipment, each potential contractor or
subcontractor or supplier shall be notified by the Sponsor of the Sponsor's
obligations under this agreement and the Regulations relative to
nondiscrimination on the grounds of race, color, sex, age, national origin,
disability /handicap, or income status.
4) Information and Reports:
The Sponsor shall provide all information and reports required by the
Regulations, or directives issued pursuant thereto, and shall permit access to its
books, records, accounts, other sources of information and its facilities as may
be determined by the State Department of Transportation or the Federal Highway
Administration to be pertinent to ascertain compliance with such Regulations or
directives. Where any information required of a Sponsor is in the exclusive
possession of another who fails or refuses to furnish this information, the
Sponsor shall so certify to the State Department of Transportation, or the Federal
Highway Administration, as appropriate, and shall set forth what efforts it has
made to obtain the information.
5) Sanctions for Noncompliance:
In the event of the Sponsor's noncompliance with the nondiscrimination
provisions of this agreement, the State Department of Transportation shall
impose such contract sanctions as it or the Federal Highway Administration may
determine to be appropriate, including but not limited to:
13
URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11/23/2020)
a. Withholding of payments to the Sponsor under the agreement until the
Sponsor complies and /or
b. Cancellation, termination, or suspension of the agreement in whole or
in part.
6) Incorporation of Provisions:
The Sponsor shall include the provisions of sub paragraphs 1) through 5) in
every contract or subcontract, including procurements of materials and leases of
equipment, unless exempt by the Regulations or directives issued pursuant
thereto. The Sponsor shall take such action with respect to any contract or
subcontract or procurement as the State Department of Transportation or the
Federal Highway Administration may direct as a means of enforcing such
provisions, including sanctions for noncompliance provided, however, that in the
event a Sponsor becomes involved in, or is threatened with, litigation by a
subcontractor or supplier as a result of such direction, the Sponsor may request
the State Department of Transportation to enter into such litigation to protect the
interests of the State; and, in addition, the Sponsor may request the United
States to enter into such litigation to protect the interests of the United States.
SECTION 7: TERMINIATION
7.1 This agreement may be terminated by any of the following conditions:
a) By mutual agreement and consent, in writing of both parties.
b) By the Department by written notice to the Sponsor as a consequence of failure
by the Sponsor to perform the services set forth herein in a satisfactory manner.
c) By either party, upon the failure of the other party to fulfill its obligations as set
forth herein.
d) By the Department for reasons of its own and not subject to the mutual consent of
the Sponsor upon five (5) days written notice to the Sponsor.
e) By satisfactory completion of all services and obligations described herein.
7.2The termination of this agreement shall extinguish all rights, duties, obligations and
liabilities of the Department and the Sponsor under this agreement. If the potential
termination of this agreement is due to the failure of either the Department or the
Sponsor to fulfill their obligation as set forth herein, the non - breaching party will
notify the party alleged to be in breach that possible breach of agreement has
14
URBAN PROJECT AGREEMENT - (NOT TO EXCEED)
(11/23/2020)
occurred. The party alleged to be in breach should make a good faith effort to
remedy that breach as outlined by non - breaching party within a period mutually
agreed by each party.
SECTION 8: GOVERNING LAW AND VENUE
8.1 Any claims, disputes or litigation relating to the solicitation, execution,
interpretation, performance, or enforcement of this Contract shall be governed by
the laws of the State of Oklahoma and the applicable rules, regulations, policies
and procedures of the Oklahoma Transportation Commission. Venue for any
action, claim, dispute or litigation, mediation or arbitration shall be in Oklahoma
County, Oklahoma.
SECTION 9: DISPUTE RESOLUTION
9.1 The parties hereto have entered into this agreement in the State of Oklahoma
and the laws of the State of Oklahoma shall apply. The parties agree to bargain
in good faith in direct negotiation to achieve resolutions of any dispute and, if
such efforts are unsuccessful, to retain a neutral mediation service to mediate the
dispute prior to the filing of any court action. Mediation shall be conducted in the
Oklahoma City area and the costs of such mediation shall be borne equally by
the parties. If mediation is not successful, venue for any action brought to
enforce the terms of this agreement shall be in Oklahoma County, State of
Oklahoma. Each party shall bear any cost and attorney fees incurred by the
party in such litigation.
SECTION 10: PRIOR UNDERSTANDINGS
10.1 This agreement incorporates and reduces to writing all prior understandings,
promises, agreements, commitments, covenants or conditions and constitutes the
full and complete understanding and contractual relationship of the parties.
SECTION 11: AMENDMENTS OR MODIFICATIONS OF AGREEMENT
11.1 No changes, revisions, amendments or alterations in the manner, scope of type
of work or compensation to be paid by the DEPARTMENT shall be effective unless
reduced to writing and executed by the parties with the same formalities as are
observed in the execution of this agreement.
15
URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11/23/2020)
SECTION 12: RECORDS
12.1 The Sponsor is to maintain all books, documents, papers, accounting records
and other evidence pertaining to costs incurred and to make such materials
available at its respective offices at all reasonable times, during the agreement
period and for three (3) years from the date of final payment under the agreement
for inspection by the DEPARTMENT and the State Auditor and Inspector, and
copies thereof shall be furnished to the DEPARTMENT, if requested.
SECTION 13: HEADINGS
13.1 Article headings used in this agreement are inserted for convenience of
reference only and shall not be deemed a part of this agreement for any purpose.
SECTION 14: BINDING EFFECTS
14.1 This agreement shall be binding upon and inure to the benefit of the ODOT and
the Sponsor and shall be binding upon their successors and assigns subject to the
limitations of Oklahoma law.
SECTION 15: SEVERABILITY
15.1 If any provision, clause or paragraph of this agreement or any document
incorporated by reference shall be determined invalid by a court of competent
jurisdiction, such determination shall not affect the other provisions, clauses or
paragraphs of this agreement which are not affected by the determination. The
provisions, clauses or paragraphs of this agreement and any documents
incorporated by reference are declared severable.
SECTION 16: EFFECTIVE DATE
16.1 This agreement shall become effective on the date of execution by the
Department's Director or his designee.
16
URBAN PROJECT AGREEMENT - (NOT TO EXCEED)
(11/23/2020)
IN WITNESS WHEREOF, the Director of the Department of Transportation, pursuant to
authority vested in him by the State Transportation Commission, has hereunto subscribed his
name as Director of the Department of Transportation and the Sponsor has executed same
pursuant to authority prescribed by law for the Sponsor.
The Sponsor, City of Owasso on this 16th of May, 2023, and the Department on the day
of 20
APPROVED AS TO FORM
AND LEGALITY
LIM
Julie Lombardi, City Attorney
THE CITY OF OWASSO
By
Attest: Juliann M. Stevens, City Clerk
Kelly Lewis, Mayor
(SEAL): Approved — THE CITY OF OWASSO
STATE OF OKLAHOMA
DEPARTMENT OF TRANSPORTATION
Recommended for Approval
Local Government Division Manager
APPROVED AS TO FORM
AND LEGALITY
General Counsel
17
Director of Capital Programs
APPROVED
Deputy Director
TO: The Honorable Mayor and City Council
FROM: Daniel Dearing, P.E., CFM, Assistant City Engineer
SUBJECT: Recommendation for Contract Award — Pavement Striping Project March 2023
DATE: May 12, 2023
BACKGROUND:
Staff prepared the contract document, specifications, and plans for pavement striping including
bicycle lanes where appropriate. Five (5) different locations were selected as needing striping
replaced. To ensure that each separate location could have the work performed in its entirety,
staff created a base bid and alternates to allow the ability to select and complete the projects
that fall within the budget. The areas included in the base bid portion of the project are East 86th
Street North (Main Street to North 117th East Avenue) and East 86th Street North (North 129th East
Avenue to North 145th East Avenue). Other sites were identified as needing restriped, but were
estimated to exceed the budgeted amount of $260,000 and were included as alternate bids in
order of priority. The alternates are as follows:
• Alternate 1: East 96th Street North and North 129Th East Avenue Intersection
• Alternate 2: A portion of East 96th Street North and Garnett Road Intersection
• Alternate 3: North 145Th East Avenue from East 86Th Street North to East 96th Street North
As in similar recent striping projects, staff utilized specifications that mimic Oklahoma
Department of Transportation (ODOT) specifications, to provide quality control testing for striping
material during and after installation. As established with ODOT specifications, this project
includes tiered test result limits that can result in reduced payment amounts or, material
replacement altogether. Additionally, an emphasis included in this project like past projects is a
striping removal method (including the requirement to repair any pavement joints damaged)
that should result in less scarring and damage on the concrete roadway surface. This removal
method was used successfully on the past two (2) years' projects.
SOLICITATION OF BIDS:
In accordance with the Oklahoma Competitive Bidding Act, the notice to bidders was
published in the Tulsa World on Wednesday March 22, and 29, 2023. In addition, multiple
vendors and plan houses were notified of the bid opportunity. The bid opening occurred on April
13th, with three (3) contractors submitting a bid. A summary of the bid results is below.
Bidders
Base Bid
Altl
AIt2
Alt3
Engineers Estimate
$227, 523.34
$55,432.86
$21,092.27
$20,161.41
Roadsafe Traffic Systems
$192,349.10
$45,384.10
$17,678.30
$21,360.10
Direct Traffic Cant rol
$277,570.50
$82,755.50
$38,909.50
$55,111.50
Action Safety Supply Co.
$435,468.50
$63,189.60
$28,610.95
$30,975.65
City staff completed the bid evaluation, and determined that Roadsafe Traffic Systems, Inc. met
the bid requirements and is a competent, qualified, responsible bidder. All bids included a pre-
established amount of $10,000.00 in project allowance to be used only at the City's discretion for
any unforeseen costs or potential overrun on quantities. Staff is proposing to perform both
Alternates 1 and 2, in addition to the base bid to fit within the budgeted amount of $260,000.
Alternate 3 could be part of a future striping project.
Pavement Striping
Page 2
FUNDING:
Funding is available in the Streets Division Budget.
RECOMMENDATION:
Staff recommends awarding the base bid and alternates 1 and 2 to Roadsafe Traffic Systems,
Inc., of Tulsa, Oklahoma, in the amount of $255,411.50 and authorization to execute all
necessary documents.
ATTACHMENTS:
Project Map
Agreement
726th ST N 926th ST N
VICINITY MAP
NO SCALE
PAVEMENT STRIPING PROJECT A I CITY OF OWASSO
MARCH 2023
PROJECT LOCATIONS BASE BID
ALTERNATES
SECTION 00300
AGREEMENT
THIS AGREEMENT is dated as of the 16" day of May, 2023, by and between The City of
Owasso (hereinafter called OWNER) and Roadsafe Traffic Systems, Inc., (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 Contract Documents.
The Work is generally described as follows:
Pavement Striping Project March 2023
CITY OF OWASSO, OKLAHOMA
The work is generally described as Thermoplastic pavement marking that the base bid includes
approximately 64,829 linear feet of striping (4 ", 6 ", 8 ", 12 " and 24 ) including turn arrows,
stop bars, and crosswalks bike lane striping, symbols and markings at 2 locations along 86th
Street as specified or indicated in the Drawings and Contract Documents. Additionally alternate
1 includes approximately 16,481 linear feet, alternate 2 includes 3,340 linear feet, and alternate
3 includes 16,681 linear feet of striping which all alternates include some components of 4 ", 6 ",
8 ", 12" and 24" striping, turn arrows, stop bars, and crosswalks bike lane striping, symbols and
markings at 3 separate sites as shown in the drawings.
ARTICLE 2. ENGINEER
The project has been assigned to the Project Manager or his /her duly authorized representative,
who is hereinafter called ENGINEER and who will assume all duties and responsibilities and
will have the rights and authority assigned to ENGINEER in the Contract Documents in
connection with the completion of the Work in accordance with the Contract Documents.
ARTICLE 3. CONTRACT TIME
3.1 The Work will be substantially completed within Forty -Five (45) calendar days from
the date of Notice to Proceed; and completed and ready for final payment in accordance with the
General Conditions within Sixty (60) calendar days from the date of Notice to Proceed, which
will be on or before
3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
substantially complete within the time specified in paragraph 3.1 above, plus any extensions
thereof allowed in accordance with the General Conditions. They also recognize the delays,
expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss
suffered by OWNER, if the Work is any such proof OWNER and CONTRACTOR agree that
as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER One
Thousand Dollars ($1000.00) for each consecutive calendar day that expires after the time
specified in paragraph 3.1 for substantial completion until the Work is substantially complete.
After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the
remaining Work within the time specified in paragraph 3.1 for completion and readiness for final
payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay
OWNER One Thousand Dollars ($1000.00) for each consecutive calendar day that expires after
the time specified in paragraph 3.1 for completion and readiness for final payment.
ARTICLE 4. CONTRACT PRICE
4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with
the Contract Documents in current funds the amount agreed upon in CONTRACTOR'S bid.
4.2 CONTRACTOR understands that the estimated quantities are not guaranteed and that
the determination of actual quantities and their classification is to be made by the OWNER at the
time of application for payment.
4.3 CONTRACT AMOUNT: Contract amount is Two Hundred Fifty -Five Thousand,
Four Hundred Eleven and 50100, $255.411.50.
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 CONTRACTORSs Applications for Payment in accordance with
the City of Owasso's Payment Schedule included as Exhibit "B" to this Agreement during
construction as provided below. All progress payments will be on the basis of the progress of the
Work.
5.1.1 Progress payments shall not exceed an amount equal to 95% of the WORK
completed until such time as CONTRACTOR shall complete in excess of fifty percent (50 %) of
the contract amount.
5.1.2 Upon completion in excess of fifty percent (50 %) of the total contract amount,
OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 97.5%
of the Contract Price, less such amounts as OWNER shall determine in accordance with the
General Conditions, provided that OWNER has determined that satisfactory progress is being
made, and upon approval by the Surety.
5.2 Final Payment. Upon final completion and acceptance of the Work in accordance
with the General Conditions, OWNER shall pay the Contract Price.
ARTICLE 6. CONTRACTOR'S REPRESENTATIONS
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following
representations:
6.1 CONTRACTOR has familiarized himself /herself with the nature and extent of
Contract Documents, Work, locality, and with all local conditions and federal, state and local
laws, ordinances, rules and regulations that in any manner may affect cost, progress or
performance of the Work.
6.2 CONTRACTOR has studied carefully all reports or explorations and tests of
subsurface conditions at or contiguous to the site and all drawings of physical conditions in or
relating to existing surface or subsurface structures at or contiguous to the site (except
underground facilities) which have been identified in the Supplementary Conditions as provided
in the General Conditions. Contractor accepts the determination set forth in the General
Conditions of the extent of the "technical data" contained in such reports and drawings upon
which Contractor is entitled to rely. Contractor acknowledges that such reports and drawings are
not Contract Documents and may not be complete for Contractor's purposes. Contractor
acknowledges that Owner and Engineer do not assume responsibility for the accuracy or
completeness of information and data shown or indicated in the Contract Documents with
respect to underground facilities at or continuous to the site. Contractor has obtained and
carefully studied (or assume responsibility for having done so) all such additional supplementary
examinations, investigations, explorations, tests, studies and data concerning conditions (surface,
subsurface and underground facilities) at or contiguous to the site or otherwise which may affect
cost, progress, performance or furnishing of the Work or which relate to any aspect of the means,
methods, techniques, sequences and procedures of construction to be employed by Contractor,
and safety precautions and programs incident thereto. Contractor does not consider that any
additional examinations, investigations, explorations, tests, studies, or data are necessary for the
performance and furnishing of the Work at the Contract Price, within the Contract Times and in
accordance with the other terms and conditions of the Contract Documents.
6.3 CONTRACTOR has made or caused to be made examinations, investigations, tests
and studies of such reports and related data in addition to those referred to in paragraph 6.2 as
(s)he deems necessary for the performance of the Work at the Contract price, within the Contract
Time and in accordance with the other terms and conditions of the Contract Documents; and no
additional examinations, investigations, tests, reports or similar data are or will be required by
CONTRACTOR for such purposes.
6.4 CONTRACTOR has reviewed and checked all information and data shown or
indicated on the Contract Documents with respect to existing Underground Facilities at or
contiguous to the site and assumes responsibility for the accurate location of said Underground
Facilities. No additional examinations, investigations, explorations, tests, reports, studies or
similar information or data in respect of said Underground Facilities are or will be required by
CONTRACTOR in order to perform and furnish the Work at the Contract Price within the
Contract Time and in accordance with the other terms and conditions of the Contract Documents,
including the General Conditions.
6.5 CONTRACTOR has correlated the results of all such observations, examinations,
investigations, tests, reports and data with the terms and conditions of the Contract Documents.
6.6 CONTRACTOR has given OWNER written notice of all conflicts, errors or
discrepancies that he has discovered in the Contract Documents, and the written resolution
thereof by OWNER is acceptable to CONTRACTOR.
6.7 CONTRACTOR has obligated himself /herself to the OWNER to be responsible for
the workmanship, labor and materials used in the project for two (2) years after the project has
been accepted by the OWNER.
6.8 CONTRACTOR understands that (s)he will be exempt from all sales tax on materials
and other items necessary for the completion of the project. The OWNER has issued him a
Certification of Tax Exempt Project enclosed as Exhibit "C" of this Agreement.
ARTICLE 7. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR are attached to this Agreement, made a part hereof, and consist of the
following:
7.1 This Agreement (pages 1 to 6 inclusive).
7.2 Exhibits "A ", "B ", "C" and "D" to this Agreement.
7.3 Advertisement for Bids (Section 00100).
7.4 Requirements for Bidders (Section 00110).
7.5 Instructions to Bidders (Section 00120).
7.6 Bid (Section 00200).
7.7 Bid Bond (Section 00210).
7.8 Bid Affidavits (Section 00220).
7.9 Statement of Bidders Qualifications (Section 00230).
7.10 Certificate of Non - Discrimination (Section 00240).
7.11 Performance Bond (Section 00410).
7.12 Maintenance Bond (Section 00420).
7.13 Statutory payment Bond (Section 00430).
7.14 Notice of Award (Section 00510).
7.15 Notice to Proceed (Section 00520).
7.16 Change Order (Section 00600).
7.17 General Conditions (Section 00700).
7.18 Project Specifications (Section 00800).
7.19 Special Provisions (Section 00900).
7.20 Project Drawings, consisting of Sheets 1 to 26, inclusive, and Standard Drawings.
7.21 Addendum Numbers 0 to 0, inclusive.
7.22 Documentation submitted by CONTRACTOR prior to Notice of Award.
7.23 Any Modification, including Change Orders, duly delivered after execution of
Agreement.
There are no Contract Documents other than those listed above in this Article 7. The Contract
Documents may only be altered, amended or repealed by a Modification (as defined in the
General Conditions).
ARTICLE 8. MISCELLANEOUS
8.1 Terms used in this Agreement which are defined in the General Conditions shall have
the meanings indicated in the General Conditions.
8.2 No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the party
sought to be bound; and specifically, but without limitation, monies that may become due and
monies that are due may not be assigned without such consent (except to the extent that the
effect of this restriction may be limited by law) and unless specifically stated to the contrary in
any written consent to an assignment, no assignment will release or discharge the assignor from
any duty or responsibility under the Contract Documents.
8.3 OWNER and CONTRACTOR each binds himself/herself, his/her partners,
successors, assigns, and legal representatives to the other party hereto, his/her partners,
successors, assigns and legal representatives in respect to all covenants, agreements and
obligations contained in the Contract Documents.
8.3 The Agreement (or remaining portions thereof) should continue in effect, be valid and
binding upon both parties even if a provision or part of the Contract Documents should be held
void or unenforceable by law.
IN WITNESS WHEREOF, the parties hereby have signed this Agreement in triplicate.
One counterpart has been delivered to CONTRACTOR, the remaining two belong to OWNER.
All portions of the Contract Documents have been signed by OWNER and CONTRACTOR.
This Agreement will be effective on May 16, 2023.
OWNER:
Kelly Lewis, Mayor
(SEAL) (SEAL)
ATTEST:
Juliann M. Stevens, City Clerk Name
Approved as to form:
Julie Lombardi, City Attorney
Address for giving notices:
302 W. 2nd St.
Owasso, OK 74055
Title
TO: The Honorable Mayor and City Council
FROM: Larry White, Support Services
SUBJECT: Hydraulic elevator and car upgrade - City Hall
DATE: May 12, 2023
BACKGROUND:
The City Hall elevator was installed in approximately 1987. Elevators older than 25 years old pose
reliability challenges. With this upgrade, staff can expect enhanced performance and reliability
and improved safety and code compliance.
In accordance with the Oklahoma Competitive Bidding Act, staff published a request for bids for
an elevator upgrade on March 24, 2023, and March 31, 2023. A mandatory pre -bid meeting was
held at City Hall on Monday, April 10, 2023. The bid opening was held Friday, April 21, 2023. Only
one bid was received from Schindler Elevator Corporation of Tulsa, Oklahoma.
BID ANALYSIS:
Upon review of the bid, staff found the Schindler Elevator Corporation's bid of $178,750.00 to be
reasonable and met project specifications. While greater than the estimated budgetary cost of
$150,000.00, the increase can be attributed to "work by others ", defined as the costs associated
with the sub - contractors for work that Schindler is not licensed to perform.
FUNDING:
Funds are available in the FY23 Support Services Budget.
RECOMMENDATION:
Staff recommends awarding the bid for the elevator and car upgrade to Schindler Elevator
Corporation, of Tulsa, Oklahoma, in the amount of $178,750.00 and authorization to execute all
necessary documents.
ATTACHMENT:
Project Scope of Work
Agreement
SECTION 12 - PROJECT SCOPE AND SPECIFICATIONS
PROJECT SCOPE OF WORK:
Install new controller and power unit
Upgrade machine room wiring
Install new front door opener
Install new door restrictors, door gibs & fire tabs
New electronic door detector
Install new door tracks, hangers, pickup assemblies, sill closers and door
interlocks
Install code compliant main COP to include the car PI
New flush QPAC flush hall lantern
Install new access switch
Install new hall push button station
Install new hoist way wiring to include the traveling cable
Install car top inspection station and work light
New car top railing
Install new valve, pump, pump motor & muffler
Upgrade and renew car interior to current standards
Bring elevator to the current Oklahoma Elevator Safety Act standards
Cover or remove exposed wood (base of window)
Install car light disconnect
Seal voids at roof line and overhead beam with fire resistive material
Install code compliant ladder
Pit light to be guarded with illumination of 10 foot - candles
Relocate light switch to be readily accessible at point of entry
Provide smoke initiating devices signal input at controller
Provide heat sensing devices signal input to shunt -trip main elevator power prior
to application of water from sprinklers
Install phone failure device
Section 12 — Project Specifications
SPECIFICATIONS FOR BID AND DELIVERY
The below equipment is preferred, but equivalent equipment will be accepted as long
as documentation is provided outlining the equivalency:
Description of work
Preferred Type, but equivalent
will be acce ted
Option
Not
Com
Equivalent
Machine Room
Control and power unit, valve,
pump, pump motor, muffler, HFI,
CFI, hush kit
Up to 150FPM
2.000- 5,0001b capacity
2 -6 stops
Power unit up to 50hp
a car maximum
New
Governor
Battery lowerin
New
Machine room wiring
New
Door Operator
Door operator front
New
Door gilas
New
Door fire tabs
New
Electronic door detector - front
Cedes Minimax 159 light curtain
New
Holstway Door Equipment
Pickup assemblies
GAL - 1SSO /2SSO
New
Door interlocks
GAL - ISSO /2SSO
New
Car & Hall Fixtures
Code compliant main car
operating anel
Other - Swing
New
Car position indicators
Other- In COP
New
Car lantern
New
Access switch
Other - top & bottom
New
Hall pushbutton station
Other - Surface
New
Fixture finish
Stainless Steel
New
Hoistway wiring
Traveling cable & Hoistway
wiring
New
Car top inspection station and work
light
New
Car top railing
Front opening
New
Cab fan
New
Car door - front
Reuse
Car roller guides
Reuse
Spring buffers
Reuse
Car rails
Reuse
Cab interior
Reuse
Jack assembly
Reuse
Packing
New
Elevator Car interior upgrade
Renovate car to current
standards finished with hand rails
and refinish interior with brushed
stainless finishes and updated
car panels and lighting,
handrails, etc.
New
All other systems and components not noted above will be reused and integrated into the new
elevator system.
Section 12- Project Specifications
SECTION 9 - AGREEMENT and GENERAL CONDITIONS
THIS AGREEMENT is dated as of the day of , by
and between THE City of Owasso, Oklahoma (hereinafter called OWNER) and
(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:
HYDRAULIC ELEVATOR AND CAR UPGRADE
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 FORTY -FIVE (45) calendar days
from the date of Notice to Proceed; and completed and ready for final payment in
accordance with the General Conditions within SIXTY (60) calendar days from the date
of Notice to Proceed, which will be on or before
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. 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.
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 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.
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.
8.4 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
9.1 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:
ADVERTISEMENT: The public announcement, as required by law, inviting bids for work to
be performed or materials to be furnished.
AWARD: The acceptance by the OWNER of a bid.
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.
BIDDER: The individual, company, partnership or corporation submitting a bid for the
advertised work.
CITY: The City of Owasso, Oklahoma, a municipal corporation, acting through its duly
authorized officers or agents.
CALENDAR DAY: Every day shown on the calendar.
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.
CONSULTANT: - Architect, Engineer, or other outside firm hired by the OWNER to design
or administer the construction of the Project.
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.
CONTRACT ITEM (PAY ITEMS A specifically described unit of work for which a price is
provided in the contract.
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.
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.
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.
CONTRACTOR: The individual, company, partnership or corporation contracting with
the City of Owasso for performance of prescribed work.
DEPARTMENT: A Department of the City of Owasso operating under the direction and
authority of the OWNER.
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.
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.
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.
INSPECTOR: The Department's authorized representative assigned to make detailed
inspections of contract performance.
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.
MATERIALS: Any substances specified for use in the construction of the project and its
appurtenances.
MAYOR: The Mayor of the City of Owasso as constituted by charter to administer the
affairs of the City of Owasso.
NOTICE TO PROCEED: Written notice to the CONTRACTOR to proceed with the contract
work.
OWNER: City of Owasso, Owasso Public Works Authority, Owasso Public Golf Authority,
or other entity of the City.
PARKING: That portion of the right -of -way on city streets or urban projects not covered
by paved surface or sidewalk.
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.
PROJECT: The specific section of construction to be performed thereon under the
contract.
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.
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 proposal is accepted.
SPECIAL PROVISIONS: Additions and revisions to the standard and supplemental
specifications covering conditions peculiar to an individual project.
SPECIFICATIONS: A general term applied to all directions, provisions and requirements
pertaining to performance of the work.
SPECIFIED COMPLETION DATE: The date on which the contract work is specified to be
completed.
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.
SUBCONTRACTOR: An individual, company, partnership or corporation to whom the
CONTRACTOR contracts part of the contract.
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.
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.
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.
SUPERSTRUCTURE: The entire structure except the substructure.
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.
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.
WORK ORDER: A written order, executed by the Department, of a contractual status
requiring performance by the CONTRACTOR without negotiation of any sort.
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.
9.2 REPETITIVE EXPRESSIONS - In order to avoid cumbersome and confusing repetition of
expressions, 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:'
9.3 AWARD AND EXECUTION OF CONTRACT
9.3.1 - 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.
9.3.2 - 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.
9.3.3 - RETURN OF PROPOSAL GUARANTIES: The guaranty of the successful bidder will be
retained until after the contract is executed and bonds approved, after which it will be
returned.
9.3.4 - INSURANCE AND BONDS: The CONTRACTOR 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 bidder shall 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 same 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 insurer
without 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.
9.3.5 - 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 some 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.
9.3.6 - 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.
9.3.7 - 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.
9.4 SCOPE OF WORK
9.4.1 - 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.
9.4.2 - 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 material 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.
9.4.3 - 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.
9.4.4 - 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.
9.4.5 - 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.
9.4.6 - 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.
9.4.7 - CONTROL OF STORM RUNOFF: Not Applicable.
9.4.8 - FINAL CLEAN UP: Upon completion of the work and before acceptance and
final payment will be made, the CONTRACTOR shall remove all machinery, equipment,
surplus and discarded materials, and rubbish. CONTRACTOR shall repair at their own
expense and to the satisfaction of the Department, any areas, that have been
damaged by the CONTRACTOR operations.
9.5 CONTROL OF WORK
9.5.1 - 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.
9.5.2 - 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 o f f he 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.
9.5.3 - PLANS AND WORKING DRAWINGS: The OWNER shall furnish the CONTRACTOR
with one(1) complete set of bid documents at no cost to the CONTRACTOR. 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
subcontractor's 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.
9.5.4 - CONFORMITY WITH PLANS AND SPECIFICATIONS: All work performed and all
materials furnished shall be in reasonably 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 reasonably 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.
9.5.5 - COORDINATION OF PLANS, SPECIFICATIONS, SUPPLEMENTAL SPECIFICATIONS 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.
9.5.6 - COOPERATION BY CONTRACTOR: The CONTRACTOR shall give the work the
constant attention necessary to facilitate the progress thereof, and shall cooperate
with the Department, his /her inspectors, and other Contractor's in every way possible.
The CONTRACTOR shall have on the work site 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.
9.5.7 - PROTECTION OF PROPERTY: The protection of City, State and Government
monuments, 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.
9.5.8 - 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 Contractor's.
Contractor's 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 Contractor's
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
Contractor's 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.
9.5.9- CONSTRUCTION: 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.
9.5.10 - 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.
9.5.1 1 - 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.
9.5.12 - 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.
9.5.13 - 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.
9.5.14 - 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.
9.5.15 - FINAL INSPECTION: Upon due notice from the CONTRACTOR of presumptive
completion of the entire project, the Department will inspect 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.
9.6 CONTROL OF MATERIAL
9.6.1 - 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. 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.
9.6.2 - 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.
9.6.3 - PLANT INSPECTION: Not Applicable
9.6.4 - 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.
9.7 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC
9.7.1 - 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.
9.7.2 - 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 agrees to comply with all terms of relating to equal
employment opportunity. 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.
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 further agrees that it (and CONTRACTOR's subcontractor's, 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.
9.7.3 - 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.
9.7.4 - 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.
9.7.5 - USE OF EXPLOSIVES: Not Applicable
9.7.6 - 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 OWNER's 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.
9.8 PROSECUTION AND PROGRESS
9.8.1 - 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
some 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.
9.8.2 - 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.
9.8.3 - 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.
9.8.4 - 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.
9.8.5 - 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.
9.8.6 - 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 some 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 as may be on the site of the work and necessary therefore.
9.8.7 - 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.
9.9 MEASUREMENT AND PAYMENT
9.9.1 - 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
lump sum bid. 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.
9.9.2 - PAYMENTS: Partial payment does not constitute acceptance of that portion of
the work. OWNER has complete responsibility for payment review and approval during
construction. When the work has been completed, the Department shall carefully
measure and determine the as -built 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.
9.9.3 - EXTRA WORK: 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.
9.9.4 - 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.
9.9.5 - 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 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 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:
Kelly Lewis, Mayor
(SEAL) (SEAL)
ATTEST:
Juliann M. Stevens, City Clerk
Title
APPROVED AS TO FORM & CONTENT:
Julie Trout Lombardi, City Attorney
Address for giving notices:
200 South Main Street
Owasso, Oklahoma 74055
TO: The Honorable Mayor and City Council
FROM: Donald D. Lynch, Emergency Management Specialist
SUBJECT: Bid Award - Outdoor Warning System Replacement Project
DATE: May 12, 2023
BACKGROUND:
The FY 23 -24 approved budget includes $1,000,000.00 in the Emergency Siren Fund to
accommodate the removal and replacement of the aging outdoor warning sirens throughout
the City. The project consists of the removal of the existing outdoor warning equipment at the 16
siren sites and replacement with the new equipment; addition of a pole, siren equipment and
related components at a 17th site to be located near Stone Canyon Elementary School; and
removal of existing Systems Control and Data Acquisition (SCADA) equipment and installation of
new equipment at the two activation points. Additionally, staff included options to remove an
unused siren on the campus of Smith Elementary and remove existing equipment from a utility
pole behind the residence at 10822 Norf h 108th East Avenue.
Staff anticipates additional expenses related to the project that were not included in the bidding
process. Previously, siren locations were licensed under one mobile radio license and activated
by one -way communication. Since SCADA technology has evolved, the new equipment will be
able to use two -way radio communication to report back to the SCADA on siren status and
activation. Therefore, the Federal Communications Commission will require the City to obtain a
transmitter license at each site. Each license has to be coordinated to ensure that radio stations
do not interfere with each other. The Associated Public Safety Communications Officers
Incorporated, (APCO) is the designated frequency coordinator for the public safety radio
spectrum. APCO charges fees to provide this service. Staff estimates the fee for the license and
coordination of the sites to be $3990.00. Also, the electrical connection charges from Verdigris
Valley Electric Cooperative for the new siren near Stone Canyon Elementary School is estimated
at $700.00.
BIDS RECEIVED:
In accordance with the Oklahoma Competitive Bidding Act, the notice to bidders was published
on December 14, 2022, and December 2l, 2022, and contained a base bid and three alternates.
Base Scope of Work: Replace the 16 existing sirens
Replace the SCADA system
Add a 17th unit near Stone Canyon Elementary
Alternate 1: Remove an unused siren on the campus of Smith Elementary
Alternate 2: Remove the equipment behind 10822 North 108th East Avenue
Alternate 3: Optional yearly service agreement for up to three years
Storm Sirens
Page 2
Five bids were received and opened on February 9, 2023. Bids received were:
VENDOR
BASE BID
ANNUAL
ALTERNATE
ALTERNATE
ALTERNATE
LICENSE
1
2
3
Acoustic Technology Inc
$369,056.26
0
$1,375.00
$1,375.00
$22.143.36
per year
American Signal Corp
$541,824.79
0
$3,300.00
$2,750.00
$12.500.00
per year
Alertus Technologies, LLC
$549,218.60
0
$19,500.00
$3,677.60
$9,950.00
per year
Safety Com, Inc.
$856,500.00
$4,000.00
$4,275.00
$3,750.00
$51,000.00
per year
Genasys, Inc.
$1,164,065.42
$8,300.00
$6,500.00
$6,500.00
$7,900.00
peryear
BID ANALYSIS:
Upon review of the bids submitted, staff found the bids provided by Acoustic Technology, Inc.,
American Signal Corporation, and Alertus Technologies did not meet the specifications for
effective coverage range. The bids from SafetyCom, Incorporated and Genasys, Incorporated
did meet the specifications.
Staff is proposing to award the base bid and alternates 1 and 2. Alternate 3 (Service Agreement)
is not proposed for award, in order to give staff time to further research the various plans and
determine the type of plan, if any, might best suit the needs of the City.
As the lowest and most responsive bidder, SafetyCom, Incorporated estimates approximately 14
weeks lead time to obtain materials and supplies and transport them to Owasso, and
approximately 4 weeks for installation.
FUNDING:
Funds are available in the FY23 Emergency Siren Fund.
RECOMMENDATION:
Staff recommends rejection of the bids from Acoustic Technology, Inc., American Signal
Corporation, and Alertus Technologies for failure to meet the bid specifications and inability to
provide the required product; awarding the base bid and alternates 1 and 2 to Safety Com,
Incorporated of North Littlerock, Arkansas in the amount of $868,525.00; and, authorization to
execute all necessary documents.
ATTACHMENT:
Agreement
AGREEMENT FOR THE REPLACEMENT OF THE OUTDOOR WARNING
SYSTEM OF THE CITY Of OWASSO, OKLAHOMA
THIS AGREEMENT is dated as off he day of May, 2023, by and between The City of
Owasso, Oklahoma (hereinafter called OWNER) and SafetyCom, Incorporated,
(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 and Bid Documents. All local, state, and federal laws, etc. shall govern every
aspect of work. The Work is generally described as follows:
Outdoor Warning System Replacement Project for the City of Owasso
ARTICLE 2. DEPARTMENT - The project has been assigned by OWNER to the Emergency
Management Department as the responsible City Department. The Emergency
Management Specialist, 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- The Work will be substantially completed within one hundred
and thirty (130) calendar days from the date of Notice to Proceed, excluding Memorial
Day, Independence Day, and Labor Day; and completed and ready for final payment
in accordance with the General Conditions within one hundred and thirty (130) business
(working) days from the date of Notice to Proceed, excluding Memorial Day,
Independence Day, and Labor Day; November 23 and 24 for Thanksgiving; and
Christmas Day which will be on or before December 31, 2023.
ARTICLE 4. CONTRACT PRICE -
4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with
the Project and Bid Documents in the amount agreed upon in CONTRACTOR'S
bid which includes the Base Bid, the Annual License Cost and Options
(Alternates)1 and 2 for a total amount of $868,525.00.
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. 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.
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 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 made or caused to be made examinations, investigations,
tests and studies of such reports and related data 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.
6.3 CONTRACTOR has reviewed and checked all information 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.
6.4 CONTRACTOR has correlated the results of all such observations, examinations,
investigations, tests, reports and data with the terms and conditions of the Project.
6.5 CONTRACTOR has given OWNER written notice of all conflicts, errors or
discrepancies that he has discovered and the written resolution thereof by OWNER is
acceptable to CONTRACTOR.
6.6 CONTRACTOR has obligated himself /herself to the OWNER to be responsible
for the workmanship, labor and materials used in the project for one (1) year after the
project has been accepted by the OWNER.
6.7 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
7.5 Project and Bid Specifications
7.6 Addendum Number 1 to Bid Specifications
7.7 Bid
7.8 Bid Bond
7.9 Bid Affidavits
10 Statement of Bidders Qualifications
11 Certificate of Non - Discrimination
7.12 Contractor ID Numbers Form
7.13 Performance Bond / Maintenance Bond / Statutory Payment Bond
7.14 Change Order Form
7.15 Notice of Award and Acceptance of Notice of Award
7.16 Notice to Proceed
7.17 Documentation submitted by CONTRACTOR prior to Notice of Award
7.18 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.
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 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.
8.4 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
9.1 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:
ABBREVIATIONS: Whenever the following abbreviations are used in these specifications,
or Project Documents, 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
ADVERTISEMENT: The public announcement, as required by law, inviting bids for work to
be performed or materials to be furnished.
AWARD: The acceptance by the OWNER of a bid.
BIDDER: The individual, company, partnership or corporation submitting a bid for the
advertised work.
CITY: The City of Owasso, Oklahoma, a municipal corporation, acting through its duly
authorized officers or agents.
CALENDAR DAY: Every day shown on the calendar.
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.
CONSULTANT: - Architect, Engineer, or other outside firm hired by the OWNER to design
or administer the construction of the Project.
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.
CONTRACT ITEM (PAY ITEM): A specifically described unit of work for which a price is
provided in the contract.
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.
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.
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.
CONTRACTOR: The individual, company, partnership or corporation contracting with the
City of Owasso for performance of prescribed work.
CONTROL OF ACCESS: The condition where the right of Owner's 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.
DEPARTMENT: A Department of the City of Owasso operating under the direction and
authority of the OWNER.
EASEMENT: A grant of a right of use of the property of an OWNER for a certain purpose
at the will of the grantee.
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.
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.
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.
INSPECTOR: The Department's authorized representative assigned to make detailed
inspections of contract performance.
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.
LABORATORY: The official testing laboratory of the City or any other testing laboratory
which may be designated by the Department.
MATERIALS: Any substances specified for use in the construction of the project and its
appurtenances.
MAYOR: The Mayor of the City of Owasso as constituted by charter to administer the
affairs of the City of Owasso.
NOTICE TO PROCEED: Written notice to the CONTRACTOR to proceed with the contract
work.
OWNER: City of Owasso, Owasso Public Works Authority, Owasso Public Golf Authority,
or other entity of the City.
PARKING: That portion of the right -of -way on city streets or urban projects not covered
by paved surface or sidewalk.
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.
PROJECT: The specific section of construction to be performed thereon under the
contract.
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.
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 proposal is accepted.
SPECIAL PROVISIONS: Additions and revisions to the standard and supplemental
specifications covering conditions peculiar to an individual project.
SPECIFICATIONS: A general term applied to all directions, provisions and requirements
pertaining to performance of the work.
SPECIFIED COMPLETION DATE: The date on which the contract work is specified to be
completed.
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.
SUBCONTRACTOR: An individual, company, partnership or corporation to whom the
CONTRACTOR contracts part of the contract.
SUBSTANTIAL COMPLETION: The time at which the Work (or specified part thereof) has
progressed to the pointwhere, 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.
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.
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.
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.
WORK ORDER: A written order, executed by the Department, of a contractual status
requiring performance by the CONTRACTOR without negotiation of any sort.
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.
9.2 REPETITIVE EXPRESSIONS - In order to avoid cumbersome and confusing repetition of
expressions, 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:'
9.3 AWARD AND EXECUTION OF CONTRACT
9.3.1 - 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.
9.3.2 - 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.
9.3.3 - RETURN OF PROPOSAL GUARANTIES: The guaranty of the successful bidder will be
retained until after the contract is executed and bonds approved, after which it will be
returned.
9.3.4 - INSURANCE AND BONDS: The CONTRACTOR 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 bidder shall also furnish a
maintenance bond in the amount of one hundred percent (100 %) of the contract,
guaranteeing public improvement projects for one (1) year 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 same 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 insurer without
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.
9.3.5 - 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 some 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.
9.3.6 — 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.
Within ten (10) days after the Notice to Proceed, the CONTRACTOR shall submit to the
Department for its timely review:
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 any 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.
9.3.7 — PRECONSTRUCTION CONFERENCE: Within 45 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, 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.
9.4 SCOPE OF WORK
9.4.1 - 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.
9.4.2 - 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.
9.4.3 - 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.
9.4.4 - 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).
9.4.5 - 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.
9.4.6 - 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.
9.4.7 - 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 undercurrent state and local ordinances. Failure to comply may result in
shut down of all work as directed by the Department.
9.4.8 - 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.
9.5 CONTROL OF WORK
9.5.1 — 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.
9.5.2 - 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.
9.5.3 — SUBMITTAL OF PLANS AND OTHER DOCUMENTS: 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.
9.5.4 - CONFORMITY WITH PLANS AND SPECIFICATIONS: All work performed and all
materials furnished shall be in reasonably 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 reasonably 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.
9.5.5 - COORDINATION OF PLANS SPECIFICATIONS SUPPLEMENTAL SPECIFICATIONS 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.
9.5.6 - COOPERATION BY CONTRACTOR: The CONTRACTOR shall give the work the
constant attention necessary to facilitate the progress thereof, and shall cooperate with
the Department, his /her inspectors, and other Contractor's 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.
9.5.7 - 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.
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 be at 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.
9.5.8 - 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 some
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 /herwork 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.
9.5.9 - CONSTRUCTION STAKES, LINES AND GRADES: Unless otherwise shown on plans, the
CONTRACTOR will set vertical and horizontal controls provided by the Department or
shown on the construction plans. It shall be the responsibility of the CONTRACTOR to
confer with the 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.
9.5.10 - 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 OWN ER'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.
9.5.11 - 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.
9.5.12- 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.
9.5.13 - 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.
9.5.14 - 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.
9.5.15 - FINAL INSPECTION: Upon due notice from the CONTRACTOR of presumptive
completion of the entire project, the Department will inspect 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.
9.6 CONTROL OF MATERIAL
9.6.1 - 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. 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.
9.6.2 - 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.
9.6.3 - 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.
9.6.4 - 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.
9.7 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC
9.7.1 - LAWS TO BE OBSERVED: The CONTRACTOR shall keep fully informed of all Federal
and State of Oklahoma 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 anyway 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.
9.7.2 - CONTRACTOR AND THEIR EMPLOYEES: The CONTRACTOR and subcontractors
employed upon the work shall be legally allowed to work in the State of Oklahoma and
the United States of America, 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
agrees to comply with all terms of relating to equal employment opportunity. 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 subcontractor's, 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.
9.73 - 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.
9.7.4 - 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.
9.7.5 - 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.
9.7.6 - 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 OW NER's 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.
9.8 PROSECUTION AND PROGRESS
9.8.1 - 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
some 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.
9.8.2 - 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
10 6 8 6 6 4 3 3 6 5 3 6
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.
9.8.3 - 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.
9.8.4 - 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.
9.8.5 - 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.
9.8.6 - 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 some 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.
9.8.7 - 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.
9.9 MEASUREMENT AND PAYMENT
9.9.1 - 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 for which, calculated in
the manner specified, shall constitute the total compensation due CONTRACTOR for the
performance of this contract.
9.9.2 - 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.
9.9.3 - 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.
9.9.4- 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.
9.9.5 - 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.
9.9.6 - 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:
Kelly Lewis, Mayor
(SEAL)
ATTEST:
Juliann M. Stevens, City Clerk
APPROVED AS TO FORM & CONTENT:
Julie Trout Lombardi, City Attorney
Address for giving notices:
, 2023.
CONTRACTOR:
By
David Miller, President
(SEAL)
ATTEST:
Printed Name:
Title:
City of Owasso SafetyCom, Incorporated
Post Office Box 180 112 Smarthouse Way
Owasso, OK 74055 -0180 North Little Rock, AR 72114
TO: The Honorable Mayor and City Council
FROM: Julie Trout Lombardi, City Attorney
SUBJECT: Payment of Commissioners' Award, Commissioners' Fees, poundage and any
other assessed court fees in City of Owasso v. Crawford et al.
DATE: May 12, 2023
BACKGROUND:
On September 6, 2022, the City Council approved Resolution 2022 -13, authorizing condemnation
proceedings to acquire a permanent utility easement and a temporary construction easement
from landowner heirs of Billy and Teresa Crawford (deceased original owners) for the Ranch Creek
Interceptor project. A condemnation action was filed by the City of Owasso against the
landowners on February 15, 2023, and a hearing to appoint commissioners was held on March 27,
2023. The Court entered an order on that date appointing three commissioners and requesting
that their report determining the amount of just compensation due the landowner (the value of
the land plus any additional damages to the remaining property) be completed and filed with
the Court.
The Commissioners' Report was filed on April 14, 2023. Each Commissioner found just
compensation for the property to be $5,500.00. In addition, each Commissioner submitted a bill
for $1,000.00 for their services. The amount of the Commissioners' Award, along with $3,000.00 in
compensation for the three Commissioners' services, as well as poundage expenses, must be
deposited with the Court before the City may access the property. Thereafter, either the
landowners or the City may object to the amount of just compensation and request trial by jury.
Whether or not objections are made by either or both parties; the landowners are entitled at any
time to withdraw the amount of just compensation deposited with the Court by the City.
RECOMMENDATION:
Staff recommends City Council authorization for payment of the Commissioners' Award to the
Court in the amount of $5,500.00, compensatory fees to each Commissioner for his or her service
in the amount of $1,000.00 each, and poundage in the amount of $85.00, totaling $8,585.00.
ATTACHMENTS:
Resolution 2022 -13
Commissioners' Report dated April 14, 2023
CITY OF OWASSO, OKLAHOMA
RESOLUTION 2022 -13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA RESOLVING
THE NECESSITY OF INSTITUTING AND PROSECUTING CONDEMNATION PROCEDURES TO
OBTAIN PROPERTY LOCATED AT 10808 NORTH 97rH EAST AVENUE, OWASSO, OKLAHOMA,
74055
WHEREAS: The City of Owasso, by and through officers and agents thereof, has
endeavored to purchase certain property from the heirs of Billy Gene Crawford, Sr., with
the foflowing legal description:
Utility Easement:
A fract of land in the southeast quarter (SE /4) of Section Twelve (12), Township Twenty -One
(21) North, Range Thirteen (13) East of the Indian Base and Meridian, Tulsa County,
according to the U.S. Government survey thereof, and being more particularly described
as follows, to wif:
Commencing at the southeast corner of sold Section Twelve (12); Thence S88 034'58 "W for
a distance of 663.30 feet, thence N01 034'32 "W for a distance of 1,161.00 feet; thence
N88 033'06 "E for a distance of 258.41 feet to the point of beginning; thence N22 °57'17 "E
for a distance of 182.16 feet; thence N88 032'49 "E for a distance of 21.97 feet; thence
S22 057'24 "W for a distance of 182.16 feet, thence S88 033106 "W for a distance of 21.97
feet to the point of beginning; area containing 0.08 acres, more or less.
Temporary Construction_ Easement:
A tract of land in the southeast quarter (SEJ4) of Section Twelve (12), Township Twenty -One
(21) North, Range Thirteen (13) East of the Indian Base and Meridian, Tulsa County,
according to the U.S. Government survey thereof, and being more particularly described
as follows, to wit:
TRACT A
Commencing at the southeast comer of said Section Twelve (12); thence S88 034'58 "W for
a distance of 663.30 feet; thence N01 034'32 "W for a distance of 1,161.00 feet, thence
N88 033'06 "E for a distance of 203.50 feet to the point of beginning; thence N22 057'17 "E
for a distance of 182.15 feet; thence N88 032'49 "E for a distance of 54.91 feet; thence
S22 057'17 "W for a distance of 182.16 feet; thence S88 033'06 "W a distance of 54.91 feet
to the point of beginning area containing 0.21 acres, more or less.
AND
TRACT B
Commencing at the southeast comer of said Section Twelve (12); thence S88 034'58 "W for
a distance of 663.30; thence N01034'32 "W for a distance of 1,161.00 feet; thence
N88 033'06 "E for a distance of 280.38 feet to the point of beginning; thence N22 057'24 "E
for a distance of 182.16 feet; thence N88 032'49 0E for a distance of 54.91 feet; thence
S22 057'24 "W for a distance of 182.17 Feet; thence S88 033'06 "W for a distance of 54.91
feet to the point of beginning; area containing 0.21 acres, more or less.
Resolution 2022 -73
Page 2
WHEREAS: The acquisition off he property referenced above is necessary for public
safety and to facilitate the sewer system servicing the surrounding area; and
WHEREAS: The City of Owasso, by and through officers and agents thereof, has
attempted to make a bona fide, good faith offer to Billy G. Crawford, Jr., to purchase the
land referenced above; and
WHEREAS: All the heirs of Billy Gene Crawford, Sr., were not able to be located,
resulting in an inability to obtain proper ownership of the land; and
WHEREAS: As provided under the Constitution and Statutes of the State of
Oklahoma, it is necessary for the City of Owasso to condemn the property referenced
above in the interest of public safety and for the facilitation of the sewer system servicing
the surrounding area.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, THAT: It being necessary for public safety, the officers and agents of the
City of Owasso, Oklahoma, are hereby authorized to initiate, and prosecute to the
conclusion thereof condemnation proceedings against the heirs of Billy Gene Crawford.
In addition, staff is authorized to retain the firm of Doerner, Saunders, Daniel & Anderson,
LLP, to represent the City of Owasso and prosecute this matter to conclusion.
APPROVED this 6TH day of September, 2022, by the City Council of the City of Owasso.
Attest:
orrlarAL
Jut nn M. Stevens, City Clerk �=
Approved As To Form: LOLyi �o
Juf Lombardi, City Attorney
23.0 PARCEL 23 EXHIBIT 'T'
SANITARY SEWER EASEMENT
Page 2 aP 2
POINT OF
FILE: 210021 LO -23
Scale: 1 =60'
1. THE BEARING BASE FOR THIS EXHIBIT IS BASED ON THE SOUTH
LINE OF THE SE/4 OF SECTION 12, T -21 —N, R -13 —E AS
SBB'34'65V.
2. SEE EXHIBIT W PAGE 1 FOR LEGAL DESCRIPTION AND SURMOR'S
CERTIFICATE.
Location Map
Not to Scale
SURVEYING, INC.
23.A PARCEL 23 EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
Page 2 of 2
IN THE DISTRICT COURT OF TULSA COUNTY DISTRICT
STATE OF OKLAHOMA
CITY OF OWASSO, OKLAHOMA, a
municipal corporation,
Plaintiff,
V.
JACKIE MILLS; STACY CRAWFORD and
MICHAEL PIPPIN (husband and wife);
ANGELA CRAWFORD; RICHARD
CRAWFORD and PAM CRAWFORD
(husband and wife); BILLY G. CRAWFORD,
JR., and ALAINA CRAWFORD (husband
and wife); BRENT CRAWFORD and
SHELLY CRAWFORD (husband and wife);
TRAVIS CRAWFORD and BROOKE
CRAWFORD (husband and wife);
UNKNOWN HEIRS OF BILLY G.
CRAWFORD, SR.; UNKNOWN HEIRS OF
JACKIE MILLS; OCCUPANTS OF THE
PREMISES; BOARD OF COUNTY
COMMISSIONERS OF TULSA COUNTY;
and JOHN M. FOTHERGH,L,
TREASURER OF TULSA COUNT,
Defendants/Landowners.
APR ] 4 2023
DON NEWBERRY, Court Clerk
STATE OF OKLA. TULSA (AUNTY
Case No. CJ- 2023 -00566
HON. REBECCA B. NIGHTINGALE
REPORT OF COMMISSIONERS
The undersigned Commissioners, appointed to inspect the real property described below
and to consider the value of the property being taken by the City of Owasso, including
Defendants' damages and benefits sustained by reason of the taking of said property ("just
compensation "), respectfully submit the following report:
The undersigned Commissioners were and are disinterested freeholders, not interested in
this or any tike question, and pursuant to the Court order made on March 27, 2023, took the oath
prescribed by law and proceeded to inspect the following described real property. The
Commissioners have considered the value of the property being taken by the City of Owasso,
including damages and benefits Defendants have sustained by the taking of the following
interests in the following property:
Utility Easement:
A tract of land in the southeast quarter (SE 14) of Section Twelve (12), Township
Twenty -One (21) North, Range Thirteen (13) East of the Indian Base and Meridian,
Tulsa County, according to the U.S. Government survey thereof, and being more
particularly described as follows, to wit:
Commencing at the southeast corner of said Section Twelve (12); Thence
S88 034'58 "W for a distance of 663.30 feet; thence N01 134'32 "W for a distance of
1,161.00 feet; thence N88 033106 "E for a distance of 258.41 feet to the point of
beginning; thence N22 157117 "E for a distance of 182.16 feet; thence N88132'49 "E
for a distance of 21.97 feet; thence S22 057124 "W for a distance of 182.16 feet;
thence S88 °33'06 "W for a distance of 21.97 feet to the point of beginning; area
containing 0.08 acres, more or less.
Temporary Construction Easement:
A tract of land in the southeast quarter (SE14) of Section Twelve (12), Township
Twenty -One (21) North, Range Thirteen (13) East of the Indian Base and Meridian,
Tulsa County, according to the U.S. Government survey thereof, and being more
particularly described as follows, to wit:
TRACT A
Commencing at the southeast corner of said Section Twelve (12); thence
S88 034'58 "W for a distance of 663.30 feet; thence N01 034'32 "W for a distance of
1,161.00 feet; thence N88 033'06 "E for a distance of 203.50 feet to the point of
beginning; thence N22 °57' 17 "E for a distance of 182.15 feet; thence N88 °32'49 "E
for a distance of 54.91 feet; thence S22057117"W for a distance of 182.16 feet;
thence S88 033'06 "W a distance of 54.91 feet to the point of beginning area
containing 0.21 acres, more or less.
AND
TRACT B
Commencing at the southeast corner of said Section Twelve (12); thence
S88 134'58 "W for a distance of 663.30; thence N01 034'32 "W for a distance of
1,161.00 feet; thence N88 °33'06 "E for a distance of 280.38 feet to the point of
beginning; thence N22 057124 "E for a distance of 182.16 feet; thence N88 132'49 "E
for a distance of 54.91 feet; thence S22 057124 "W for a distance of 182.17 Feet;
Thence S88133106 1'W for a distance of 54.91 feet to the point of beginning; area
containing 0.21 acres, more or less.
We hereby assess the just compensation for the taking of the property as follows:
Janice K. Gordan
How rd L. Kelsey
Rick J. Peterson
We further report that we have well and truly executed our duties as Commissioners and
are entitled to be paid the following sums for our services herein:
Jan K. Gordon
Rick J. Peterson
We have attached an itemized invoice to this report in support of this request for payment
of Commissioners' fees. Signed:
Janice Gordon
Rick J. Peterson
Dated this day of April 2023.
GORDON COMPANIES, INC.
4307 South Atlanta Avenue
Tulsa OK 74105
(918) 633 -3333
Statement
Of
Jan Gordon
April 12, 2023
Re: City of Owasso, vs.
Jackie Mills, et al., Tulsa County, Case No. CJ- 2023 -00566
Services rendered: 03/28/2023 — 04/11/2023.
Set up file; review documents; contact various landowners and send letters; meet at site; office
prep including comparable sales research and flood plain information; final correlation and
estimate of value; commissioners meeting.
Total Hours: 5.0 @ $200.00 per hour ........... ......................$1,000.00
Thank you.
Peterson Appralsalb
Rick Peterson
4180 E. 47th St.
Tulsa, OK 74135
(918) 906 -5500
CASE NO. CJ- 2023 -00566
City of Owasso vs. J. Crawford, et al.
Judge Rebecca B. Nightingale
DEa MMM
a1VKE DAiE peEpg,DG
4974 , Mitrt021
T0:
City of Owasso vs. J. Crawford, at al.
SUMMARY OF COMMISSIONER'S ACTIVITY ISorvices rendered 416123 to 4111123
Reviewed documents provided and Grimed the Oath Of Commissioner;
Secured appropriate sales data and details of subject property. Attended on alto and
met with commissioners, case engineers and met with commissioner& for site
visitation.
Met with commissioner to determine final value.
For Services rendered:
Total Hours: 6@ $200.00 par hour
Please make check payable to
Rick Peterson
4180 E. 47th St
Tulsa, OK. 74136
Office No. 918.906.5500
1,000.00
TAX ID: 20-0422865
Sublotal 'r 1,000.00
Late Feet
TOTAL 1 1,000.00
CITY OF OWASSO
GENERALFUND
PAYROLLPAYMENTREPORT
PAY PERIOD ENDING 06/06/23
Department Payroll Expenses Total Expenses
105 Municipal Court
6,076.87
9,659.39
110 Managerial
26,824.23
36,865.22
120 Finance
20,455.93
31,245.09
130 Human Resources
11,392.78
17,171.57
160 Community Development
20,739.25
31,231.91
170 Engineering
22,038.44
33,548.94
175 Information Systems
19,637.15
27,693.37
181 Support Services
14,392.21
21,414.56
190 Cemetery
404.64
1,740.38
201 Police Grant Overtime
-
215 Central Dispatch
2,774.56
4,091.97
221 Animal Control
5,145.95
7,427.86
280 Emergency Preparedness
2,627.02
3,648.35
370 Stormwater /ROW Maint.
7,415.81
12,331.22
515 Park Maintenance
10,289.94
16,280.96
520 Culture /Recreation
9,741.73
15,387.82
550 Community - Senior Center
7,647.51
10,146.17
580 Historical Museum
832.40
929.37
720 Strong Neighborhood
404.25
498.84
General Fund Total
188,840.67
281,312 99
185 Garage Fund Total 8,761.76 14 660 75
255 Ambulance Fund Total 553.85 618.38
215 E911 Communication 28,953.08 43,842.12
250 Fire Fund 37 Total 218,508.21 331,968 56
201 Police Fund 38 Total 216,044.60 322,099 39
300 Streets Fund 39 Total 22,736.63 39,770.18
370 Stormwater Fund 27 Total 5,558.42 9,268.51
150 Worker's Compensation Total
720 Strong Neighborhoods Total 4,532.75 6,441.57
CITY OF OWASSO
HEALTHCARE SELF INSURANCE FUND
CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 5111
VENDOR DESCRIPTION
AETNA HEALTHCARE MEDICAL SERVICE
HEALTHCARE MEDICAL SERVICE
HEALTHCARE MEDICAL SERVICE
HEALTHCARE MEDICAL SERVICE
HEALTHCARE MEDICAL SERVICE
HEALTHCARE DEPT TOTAL
DELTA DENTAL DENTAL MEDICAL SERVICE
DENTAL MEDICAL SERVICE
ADMIN FEES
DENTAL DEPT TOTAL
VSP VISION MEDICAL SERVICES
VISION DEPT TOTAL
HEALTHCARE SELF INSURANCE FUND TOTAL
AMOUNT
43,432.89
24,533.85
62,294.04
42, 976.82
693.42
173,931.02
7,683.80
5,614,40
3,295.81
16,594.01
1,205.46
1,205.46
191,730.49
CITY OF OWASSO
GENERAL FUND & HALF -PENNY SALES TAX
FISCAL YEAR 2022 -2023
Budgetary Basis
Statement of Revenues & Expenditures
As of April 30, 2023
REVENUES:
Taxes
Licenses & permits
Intergovernmental
Charges for services
Fines & forfeits
Other
Interest
TOTAL REVENUES
EXPENDITURES:
Personal services
Materials & supplies
Other services
Capital outlay
Deferred Budget - COVID Grant
TOTAL EXPENDITURES
REVENUES OVER EXPENDITURES
TRANSFERS IN (OUT):
Transfers in
Transfers out
TOTAL TRANSFERS
NET INCOME (LOSS)
ENCUMBRANCES OUTSTANDING
FUND BALANCE (Budgetary Basis)
Beginning Balance
Ending Balance
F:64ccounting \Reports \Current FY \GF Financials
MONTH
TO -DATE
$ 3,696,285
24,395
147,847
57,372
30,668
6,619
29,322
$ 3,992,507
$ (1,825,417)
(91,037)
(142,048)
(35,572)
$ (2,094,074)
$ 1,898,433
$ 1,880,485
(2,982,094)
$ (1,101,609)
$ 796,824
YEAR
TO -DATE
$ 38,189,103
243,022
1,152,482
669,302
345,997
187,475
BUDGET
$ 43,633,932
324,752
1,472,737
771,157
181,100
175,873
224,288 77,446
$ 41,011,670 $ 46,636,997
$ (19,968,118) $ (25,386,558)
(1,384,368)
(2,050,223)
(2,252,631)
(3,979,819)
(1,525,624)
(6,560,989)
$ (25, 130,742)
$ (37,977,589)
7 15,880,928
$ 8,659,408
$ 19,522,132
(30,892,677)
$ (11,370,545)
$ 4,510,383
$ (1,530,697)
$ 22,522,339
(37,771,944)
$ (15,249,605)
$ (6,590,197)
20,365,421 20, 365,421
$ 23,345,108 $ 11775,224
PERCENT
OF BUDGET
87.52%
74.83%
78.25%
86.79%
191.05%
106.60%
289.61%
87.94%
78.66%
67.52%
56.60%
23.25%
0.00%
66.17%
86.68%
81.79%
74.56%
Red Flag Policy Annual Report
May 11, 2023
BACKGROUND:
Identity theft is a serious problem in the United States. To combat the problem, as part of the Fair and Accurate
Credit Transactions Act of 2003 (the FACT Act), the Federal Trade Commission and several other federal
agencies have issued rules requiring creditors (including municipalities under certain circumstances) to
develop, adopt and implement written Identity Theft Prevention Programs. The Programs were required to be
in place by May 1, 2009. The rules are often referred to as RED FLAG requirements and apply to financial
institutions and municipalities that provide utility services and /or other services for which payment is made in
arrears. It is the provision of services on a deferred payment basis that makes a municipality a "creditor" as
defined under Red Flags.
ACTION TAKEN:
The City of Owasso adopted Resolution No. 2009 -03 to help protect identity theft and fight theft of customer
account information, and provide procedures that identify, defect, and respond to possible signals of identity theft
known as Red Flags.
As a result, the following list of security enhancements are enforced to ensure the security of customer
information:
1) Only allow for applications for service to be made in person;
2) Verify the identification of existing customers if they request information in person, via telephone, via
facsimile, or via e -mail.
3) Verify identification of existing customers when requesting to transfer service, change account status,
change mailing address, or to terminate service;
4) Verify proof of ownership /lease agreement;
5) Require proper identification when a customer presents a Credit or Debit Card for payment if the name
is on the card is different from the name on the utility account.
ANNUAL REPORT:
Red Flag procedures were reviewed in April 2023. No breach of confidential customer personal identifying
information or suspected identity theft was detected over the past year.