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HomeMy WebLinkAbout2023.09.05_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL Council Chambers Old Central Building 109 North Birch, Owasso, OK Tuesday, September 5, 2023 - 6:30 PM NOTE: APPROPRIATE ACTION may include, but is not limited to: acknowledging, affirming, amending, approving, authorizing, awarding, denying, postponing, or tabling. AGENDA 1. Call to Order - Mayor Kelly Lewis 2. Invocation – Lead Pastor Casey Cariker of Rejoice Church 3. Flag Salute 4. Roll Call 5. Presentation of the Character Trait of Resilience – Chad Balthrop, Character Council 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 – August 15, 2023, Regular Meeting B. Approve claims C. Adopt Ordinance 1209-Amended, amending Part 7, Finance and Taxation, Chapter 2, Sales Tax, Section 7-206, Effective Date, Section 7-207.4, Purpose of Revenues, and Section 7-208, Tax Rates, Sales Subject to Tax following the required approval by a majority of the qualified registered voters at an election held for such purpose on August 8, 2023, to remove the expiration date of the fifty-five hundredths of one cent portion of sales tax and providing for the purpose of said tax D. Accept public infrastructure improvements of a concrete approach, stormwater piping, potable water lines and fire line taps for Township 21, a commercial development located at 8560 North 145th East Avenue E. Declare the following vehicles and equipment as surplus to the needs of the City and authorize disposal via online auction: VEHICLES: 2007 Chevy Colorado: 1GCDT199578164744 2009 Ford Crown Victoria: 2FAHP71V79X10913 2016 Ford F150: 1FTMF1EF3GKE49772 2016 Ford F150: 1FTMF1CF0GKF56460 1992 Chevy 3500: 1GBHC34KXNE190041 2016 Dodge Charger: 2C3CDXAT4GH165451 2016 Dodge Charger: 2C3CDXAT2GH165447 2016 Dodge Charger: 2C3CDXAT6GH165449 2008 Ford F250: 1FTSX215XBED23433 2016 Ford Explorer: 1FM5K8ARXGGC08380 2013 Chevy Tahoe: 1GNLC2E06DR157937 EQUIPMENT: Coats 6401 Tire Balancer: 0612407302 Coats 50X Tire Changer: 1505102949 7. Consideration and appropriate action relating to items removed from the Consent Agenda 8. Consideration and appropriate action relating to the purchase of Police vehicles Jason Woodruff Staff recommends approval to purchase three (3) 2023 Dodge Durango police vehicles and one (1) 2023 Dodge Charger police vehicle from Bob Howard Chrysler Jeep Dodge of Oklahoma City, Oklahoma, in the amount of $164,400.00, and authorization for payment. 9. Consideration and appropriate action relating to a Fiscal Year 2023-2024 General Fund budget amendment for the re-appropriation of carryover funds from Fiscal Year 2022-2023 for the Hydraulic Elevator and Car Upgrade – City Hall Project Carly Novozinsky Staff recommends approval of a budget amendment in the Fiscal Year 2023-2024 General Fund increasing the appropriation for expenditures by $178,750.00 in the Building Maintenance Department by utilizing carryover Fiscal Year 2022-2023 Building Maintenance funds. 10. Consideration and appropriate action relating to a Fiscal Year 2023-2024 budget amendment in the Emergency Siren Fund, the Ambulance Capital Fund, and the Half Penny Fire Service Fund for the re-appropriation of carryover funds from Fiscal Year 2022-2023 for the Fire Station No. 1 and Fire Station No. 2 Renovation Projects David Hurst Staff recommends approval of a budget amendment in the Fiscal Year 2023-2024 Emergency Siren Fund, increasing the appropriation for expenditures by $144,475.00 in the Emergency Preparedness Department by utilizing carryover Fiscal Year 2022-2023 funds; approval of a budget amendment in the Fiscal Year 2023-2024 Ambulance Capital Fund, increasing the appropriation for expenditures by $165,531.00 in the Ambulance Department by utilizing carryover Fiscal Year 2022-2023 funds; and approval of a budget amendment in the Fiscal Year 2023-2024 Half Penny Fire Service Fund, increasing the appropriation for expenditures by $1,973,923.00 in the Fire Services Department by utilizing carryover Fiscal Year 2022-2023 funds and fund balance reserves. 11. Consideration and appropriate action relating to bids received for the Fire Station No. 1 and Fire Station No. 2 Renovation Projects David Hurst Staff recommends awarding the following bids: Category Bid Amount Vendor Fire Station No. 1: Demolition $50,140.00 Ark Wrecking Co. Millwork $187,656.00 Wood Systems Inc. Siding $57,200.00 Lewis Roofing Framing/Drywall/Finish $78,730.00 Wiljo Interiors Painting/Wall Covering $40,125.00 River Paint Construction LLC. Flooring $100,259.00 Allset Flooring Plumbing $91,124.00 C2 Plumbing of Oklahoma HVAC $294,212.00 Vision Air Services Electrical / Fire Alarm $194,000.00 Lighthouse Electric Signage $21,722.00 Quick and Easy Graphics Metals $5,400.00 Red Oak Steel Windows $21,000.00 Coulter Company Window Coverings $2,900.00 Contract Drapery & Blind Inc Fire Station No. 2 Demolition $71,550.00 Ark Wrecking Co. Metals $44,495.00 Red Oak Steel Millwork $168,718.00 Wood Systems Inc. Roofing $8,240.00 Lewis Roofing Windows $89,000.00 Coulter Company Window Coverings $5,372.00 Contract Drapery & Blind Inc Framing/Drywall/Finish $119,820.00 Wiljo Interiors Painting/Wall Covering $72,320.00 River Paint Construction LLC. Flooring $113,836.00 Allset Flooring Plumbing $174,029.00 C2 Plumbing of Oklahoma HVAC $307,381.00 Vision Air Services Electrical / Fire Alarm $303,500.00 Lighthouse Electric Signage $20,255.00 Quick and Easy Graphics Owasso City Council September 5, 2023 Page 3 12. Consideration and appropriate action relating to an amendment to the contract with Limestone Construction LLC for construction management services for the Fire Station No. 1 and Fire Station No. 2 Renovation Projects David Hurst Staff recommends amending the contract with Limestone Construction, LLC, of Owasso, Oklahoma, to include construction management at risk services, with a guaranteed maximum price of $4,417,250.00, for the Fire Station No. 1 and Fire Station No. 2 Renovation Projects and authorization to execute all necessary documents. 13. Consideration and appropriate action relating to a Fiscal Year 2023-2024 General Fund budget amendment for the re-appropriation of carryover funds from Fiscal Year 2022-2023 for the Pickleball Court Project Larry Langford Staff recommends approval of a budget amendment in the General Fund increasing the appropriation for expenditures by $143,800.00 in the Parks Department by utilizing carryover Fiscal Year 2022-2023 Parks Department funds. 14. Consideration and appropriate action relating to bids received for the construction of a Pickleball Court Larry Langford Staff recommends awarding the base bid and alternate #1, to Ascend Commercial Builders, LLC, of Tulsa, Oklahoma, in the amount of $143,627.00 and authorization to execute all necessary documents. 15. Consideration and appropriate action relating to an agreement for engineering services for miscellaneous stormwater and erosion control projects Dwayne Henderson Staff recommends approval of the Agreement for Engineering Services with Meshek & Associates, LLC, of Tulsa, Oklahoma, in an amount not to exceed $50,000.00, and authorization to execute the necessary documents. 16. Report from City Manager Monthly Public Works Project Status Report 17. Report from City Attorney 18. Report from City Councilors 19. Official Notices (documents for acknowledgment of receipt or information only, no discussion or action will be taken) Payroll Payment Report – Pay Period Ending Date August 12, 2023 and August 26, 2023 Health Care Self-Insurance Claims – dated as of August 30, 2023 Oklahoma Department of Environmental Quality Permit No. SL000072230511 Sanitary Sewer to serve the Villas at Cypress Crossing Apartments Facility No. S-21310 Oklahoma Department of Environmental Quality Permit No. WL000072230510 Waterline to serve the Villas at Cypress Crossing Apartments Facility No. 3007218 Change Order No. 3, executed by the City Manager or designee for the East 116th Street North Improvement Project from Garnett Road to North 129th East Avenue 20. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) Owasso City Council September 5, 2023 Page 4 21. Consideration and appropriate action relating to a request for an executive session for the purpose of discussing the hiring and employment contract of Christopher Garrett for the position of City Manager as provided for in Title 25, O.S. § 307(B)(1) Mayor Lewis 22. 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 5:00 p n Thursday, August 3), 2023. uliann M. Steven ity Clerk The City of Owasso encourages citizen participation. To request an accommodation due to a disability, contact the City Clerk prior to the scheduled meeting by phone 918 - 376 -1502 or by email to istevens@ci�ofowasso.com OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING TUESDAY, AUGUST 15, 2023 The Owasso City Council met in regular session on Tuesday, August 15, 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 Friday, August 11, 2023. 1. Recognition for Dr. Paul Loving for 15 years of service on the Owasso Planning Commission - Warren Lehr and members of the Planning Commission recognized Dr. Paul Loving. 2. Call to Order -Mayor Kelly Lewis called the meeting to order at 6:36 pm. 3. Invocation - The Invocation was offered by Pastor Mike Gleason of Friendship Baptist Church. 4. Flag Salute -Councilor Doug Bonebrake led the flag salute. S. Roll Call - A quorum was declared present. Present Absent Mayor - Kelly Lewis None Vice Mayor- Alvin Fruga Councilor- Doug Bonebrake Councilor - Lyndell Dunn Councilor -Paul Loving A quorum was declared present. Staff: City Manager - Warren Lehr / City Attorney - Julie Lombardi *Mayor Lewis recognized members of Boy Scout Troop 80 in attendance.* 6. Consideration and appropriate action relating to the Consent Agenda. (All matters listed under "Consent" are considered by the Trustees to be routine and will be enacted by one motion. Any Trustee may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes - August 1, 2023, and August 8, 2023, Regular Meetings B. Approve claims C. Accept the 2023 Oklahoma Highway Safety Office Grant supplemental funding in the amount of $10,000.00, and approve a budget amendment in the Half Penny Sales Tax Fund, increasing the estimated revenue and the appropriation for expenditures in the Police Department by $10,000.00 D. Accept the 2024 Oklahoma Highway Safety Office Grant in the amount of $98,094.00, authorize execution of all necessary documents, and approve a budget amendment in the Half Penny Sales Tax Fund, increasing the estimated revenue and the appropriation for expenditures in the Police Department by $98,094.00 E. Authorize payment in the amount of $26,768.79 to Servpro of South Tulsa, Inc., of Tulsa, Oklahoma, for completed water damage mitigation work at the Bailey Ranch Golf Clubhouse F. Declare the following equipment and vehicles as surplus to the needs of the City and authorize disposal via online auction: VEHICLES: • 1997 Ford F150 VIN: 1 FTDF17W6VKD16837 • 1998 Chevy SIOVIN: I GCCS19X7W8183274 • 1999 Ford F150 VIN: I FTRF17W1XKC13513 • 2002 Chevy 1500 VIN: 1GCEC14V82E786014 • 2005 Chevy 1500 VIN: IGCEC14V75E172710 • 2005 Chevy Trailblazer VIN: 1GNDS13S152229692 • 2008 Chevy 2500 VIN: 1 GCHK23KX8F178707 • 2011 Ford Edge VIN: 2FMDK4KC1BBA08938 • 2007 Chevy 1500 VIN: 2GCEK13V871136906 • 2010 Ford Crown Vic VIN: 2FABP7BV8AX 112768 • 2017 Dodge Charger VIN: 2C3CDXKT9HH566185 • 2007 Ford Crown Vic VIN: 2FAFP71 W 17X115838 • 2014 Dodge Charger VIN: 2C3CDXAT9EH367800 • 2013 Chevy Tahoe VIN: I GNLC2E07DR158157 EQUIPMENT: 2018 Grasshopper 932 Mower: 6619089 2018 Grasshopper 932 Mower: 6614861 LeeBoy Asphalt Loydown Machine: 3547HD 1988 Ford Tractor: BB58597 Owasso City Council August 15, 2023 Page 2 • 2013 Chevy Tahoe VIN: I GNLC2E02DR348738 • 2006 Dodge Dakota VIN; 1 D7HW28N76S606590 • 2012 Ford F350 VIN: I FT8X3B67CEB43830 • 2002 Chevy 3500 VIN: I GCJK33122FI 64886 • 1982 Mack Fire Truck VIN 1 M I H 143Y2CM001057 Mr. Bonebrake moved, seconded by Mr. Dunn to approve the Consent Agenda as presented, with claims totaling $1,812,244.56. YEA: Bonebrake, Dunn, Loving, Fruga, Lewis NAY: None Motion carried: 5 -0 7. Consideration and appropriate action relating to items removed from the Consent Agenda - None 8. Consideration and appropriate action relating to Ordinance 1210, approving a Planned Unit Development (PUD) for German Corner PUD, containing approximately 12.9 acres located just south of East 116th Street North and west of North Garnett Road, as referenced in application OPUD 23 -04 Brian Dempster presented the item, recommending adoption of Ordinance 1210. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Loving to adopt Ordinance 1210, as recommended. YEA: Bonebrake, Dunn, Loving, Fruga, Lewis NAY: None Motion carried: 5 -0 9. Consideration and appropriate action relating to Ordinance 1211, approving rezoning from Residential Single - Family (RS -3) to Office (0) of approximately 0.20 acres, located at 1012 North Ash Street, as referenced in application OZ 23 -04 Wendy Kramer presented the item, recommending adoption of Ordinance 1211. There were no comments from the audience. Mr. Loving moved, seconded by Mr. Bonebrake to adopt Ordinance 1211, as recommended. YEA: Bonebrake, Dunn, Loving, Fruga, Lewis NAY: None Motion carried: 5 -0 10. Consideration and appropriate action relating to Ordinance 1212, approving rezoning from Residential Single - Family (RS -3) to Downtown Mixed (DM) of approximately 0.64 acres, located at 201 North Birch Street, as referenced in application OZ 23 -05 Wendy Kramer presented the item, recommending adoption of Ordinance 1212. There were no comments from the audience. After discussion, Mr. Dunn moved, seconded by Ms. Lewis to adopt Ordinance 1212, as recommended. YEA: Bonebrake, Dunn, Loving, Fruga, Lewis NAY: None Motion carried: 5 -0 11. Consideration and appropriate action relating to an agreement with Grand Gateway Economic Development Authority for Pelivan Transit services Josh Quigley presented the item, recommending approval of the Purchase of Service Agreement between the City of Owasso and Grand Gateway Economic Development Association ( Pelivan Transit) of Big Cabin, Oklahoma, in the amount of $60,475.00, and authorization to execute all necessary documents. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Loving to approve the agreement and authorize execution of all necessary documents, as recommended. YEA: Bonebrake, Dunn, Loving, Fruga, Lewis NAY: None Motion carried: 5 -0 Owasso City Council August 15, 2023 Page 3 12. Consideration and appropriate action relating to proposed project sites for the Annual Street Rehabilitation Program (2024) Roger Stevens presented the item, recommending approval of the 2024 Street Rehabilitation Program priority sites. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Ms. Lewis to approve the priority sites, as recommended. YEA: Bonebrake, Dunn, Loving, Fruga, Lewis NAY: None Motion carried: 5 -0 13. Consideration and appropriate action relating to sole source purchase of an automatic license plate recognition system Jason Woodruff presented the item, recommending authorization for the sole source purchase of twenty (20) Flock Safety license plate recognition camera systems in the amount of $63,000.00 from Flock Group Incorporated of Atlanta, Georgia, and authorization to execute a one year service contract. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn to authorize the sole source purchase and authorize execution of the contract, as recommended. YEA: Bonebrake, Dunn, Loving, Fruga, Lewis NAY: None Motion carried: 5 -0 14. Consideration and appropriate action relating to a payment from the General Liability /Self Insurance Fund for Bailey Ranch Golf Clubhouse water damage restoration Larry Langford presented the item, recommending authorization for payment from the General Liability /Self- Insurance Fund in the amount of $41,371.81 for restoration of the Bailey Ranch Golf Clubhouse, contingent upon approval by the Owasso Public Golf Authority to award a restoration contract. There were no comments from the audience. Mr. Dunn moved, seconded by Mr. Loving to authorize payment with contingency, as recommended. YEA: Bonebrake, Dunn, Loving, Fruga, Lewis NAY: None Motion carried: 5 -0 15. Report from City Manager Warren Lehr reported on the storm debris drop off location and curbside yard waste pickup. 16. Report from City Attorney - None 17. Report from City Councilors - None 18. Official Notices - The Mayor acknowledged receipt of the following: • Payroll Payment Report - Pay Period Ending Date July 29, 2023 • Health Care Self - Insurance Claims - dated as of August 9, 2023 • Monthly Budget Status Report - July 2023 • Oklahoma Department of Environmental Quality Permit No. SL000072230600 Sanitary Sewer for the Reserves at Owasso Facility No. S -21310 19. New Business - None 20. Adjournment Mr. Loving moved, seconded by Mr. Bonebrake to adjourn the meeting. YEA: Bonebrake, Dunn, Loving, Fruga, Lewis NAY: None Motion carried: 5 -0 and the meeting adjourned at 7:25 pm. Kelly Lewis, Mayor Juliann M. Stevens, City Clerk Fund 01 GENERAL Claims List - 09/0512023 Vendor Name Payable Description Payment Amount AT &T PHONEUSE $2629 COX COMMUNICATIONS PHONE USAGE $11.33 JPMORGAN CHASE BANK ALARM BILLING -FIRE $90.00 JPMORGAN CHASE BANK AMAZON- POCKET HOSE $29.88 JPMORGAN CHASE BANK AMAZON- REFUND ($29.88) JPMORGAN CHASE BANK AMAZON -TEMP CONTROL $106.69 JPMORGAN CHASE BANK AMAZON- WHEELS $26.97 JPMORGAN CHASE BANK CLEANEQUIP- FILTERS $58.70 JPMORGAN CHASE BANK COMM POWER- SERVICE $1,815.00 JPMORGAN CHASE BANK CORNERSTONE -SUMP PUMP $332.49 JPMORGAN CHASE BANK COX - INTERNET $69.95 JPMORGAN CHASE BANK HOME DEPOT -FEE $4,97 JPMORGAN CHASE BANK HOME DEPOT - REFUND ($4.97) JPMORGAN CHASE BANK LOCKE -AIR FILTER $30.60 JPMORGAN CHASE BANK LOWES -CO2 SENSOR $29.98 JPMORGAN CHASE BANK LOWES- FAUCET REPAIR $91.64 JPMORGAN CHASE BANK LOWES- SUPPLIES $18.17 JPMORGAN CHASE BANK LOWES -WASP SPRAY $19.92 JPMORGAN CHASE BANK MATLOCK -PANEL REPAIR $287.19 JPMORGAN CHASE BANK SAMS- SUPPLIES $132.88 JPMORGAN CHASE BANK WALMART -CHAIR WHEELS $15.99 JPMORGAN CHASE BANK WALMART- OFFICE CHAIR $299.99 JPMORGAN CHASE BANK WALMART- SUPPLIES $22.66 UNIFIRST HOLDINGS LP BUILD MAINT UNIFORM $54.24 BUILDING MAINTENANCE -Total $3,540.68 TYLER TECHNOLOGIES, INC. CAD SOFTWARE $29,623.68 CAD SOFTWARE -Total $29,623.68 AEP /PSO ELECTRIC USE $447,98 COX COMMUNICATIONS PHONE USAGE $11.33 FLEETCOR TECHNOLOGIES FUEL CHARGES JULY 23 $91.48 JPMORGAN CHASE BANK AMAZON -COMP MOUSE $41.10 JPMORGAN CHASE BANK AMAZON- COMPUTER $53.98 JPMORGAN CHASE BANK AMAZON- KEYBOARDS $237.90 JPMORGAN CHASE BANK AMAZON- MONITORS $199.98 JPMORGAN CHASE BANK AMAZON -PARTS $59.39 JPMORGAN CHASE BANK AMAZON -SGT LAPTOP $181.48 JPMORGAN CHASE BANK AMAZON -SMALL TOOLS $700.00 JPMORGAN CHASE BANK AMAZON - SUPPLIES $535.69 JPMORGAN CHASE BANK AMAZON- UNIFORM $449.44 JPMORGAN CHASE BANK COOLNSAVE- SUPPLIES $133.85 JPMORGAN CHASE BANK DCGNLMG -WEED SERVICE $51.75 1 Claims List - 09/05/2023 Fund Vendor Name Payable Description Payment Amount 01 GENERAL JPMORGAN CHASE BANK DELL -SGT LAPTOP $1,368.06 JPMORGAN CHASE BANK FAM ANIMAL -K9 MED $222.45 JPMORGAN CHASE BANK FLORAL- FLOWERS $108.82 JPMORGAN CHASE BANK FULLERTON- SUPPLIES $27.50 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $328.00 JPMORGAN CHASE BANK LOWES- SUPPLIES $16.96 JPMORGAN CHASE BANK OREILLY -PARTS $23.28 JPMORGAN CHASE BANK PAYPAL -PARTS $179.98 JPMORGAN CHASE BANK SEW IT- TAILORING SERV $78.66 JPMORGAN CHASE BANK TOMMYS -CAR WASH $59.98 JPMORGAN CHASE BANK WALMART- SUPPLIES $31.96 PLATINUM PROTECTION, INC. AC SECURITY SYSTEM $180.00 ROSERUSH SERVICES LLC ANNUAL SOFTWARE $1,050.00 GEN ANIMAL CONTROL -Total $6,871.00 AEP IPSO ELECTRIC USE $49.48 BILLY BASORE JULY DIRT $86.66 JPMORGAN CHASE BANK BROWN FARMS -SOD $80.00 SPOK INC. PAGER USE $9.37 UNIFIRST HOLDINGS LP UNIFORM SERVICES $29.22 GEN CEMETERY -Total $254.73 JPMORGAN CHASE BANK PARKS COFFEE- SUPPLIES $160.05 GEN COMM CTR DONATIONS -Total $160.05 AEP IPSO ELECTRIC USE $2,206.14 COX COMMUNICATIONS PHONE USAGE $18.88 JPMORGAN CHASE BANK AMAZON- LEDGER PAPER $122.79 JPMORGAN CHASE BANK AMAZON -TRASH LINERS $88.02 JPMORGAN CHASE BANK CINTAS- SUPPLIES $720.12 JPMORGAN CHASE BANK COX -WIFI $180.00 JPMORGAN CHASE BANK INTERSTATE - BATTERIES $30.60 JPMORGAN CHASE BANK LOCKE -LIGHT INSTALL $67.00 JPMORGAN CHASE BANK LOWES -LIGHT INSTALL $251.46 JPMORGAN CHASE BANK NRPA - REGISTRATION $745.00 JPMORGAN CHASE BANK NRPA- RENEWAL $70.00 JPMORGAN CHASE BANK OK STATE - LICENSE $125.00 JPMORGAN CHASE BANK OK,GOV -FEE $6.90 JPMORGAN CHASE BANK ONG- NATURAL GAS USAGE $177.05 JPMORGAN CHASE BANK QUIT BUGGIN -PEST $95.00 JPMORGAN CHASE BANK WALMART- SUPPLIES $25.56 JPMORGAN CHASE BANK XAVUS- CHECK -IN SYST $900.00 GEN COMMUNITY CENTER -Total $5,829.52 COX COMMUNICATIONS PHONE USAGE $30.20 2 Fund Claims List - 09/05/2023 Vendor Name 01 GENERAL FLEETCOR TECHNOLOGIES HAROLD RANDALL PINNEY JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK KENNETH LIVINGSTON Payable Description Payment Amount FUEL CHARGES JULY 23 $395.93 PROPERTY MOWING $1,250.00 ODP- SUPPLIES $85,99 OFFICE DEPOT - REFUND ($35.44) OFFICE DEPOT - SUPPLIES $265.77 SCOREBOARD - EMBROIDERY $199.68 TOMMYS -CAR WASH $67.97 ZOOM- SUBSCRIPTION $149.90 ABATEMENT PROP MOWING $1,000.00 GEN COMMUNITY DEVELOPMENT -Total $3,410.00 COX COMMUNICATIONS PHONE USAGE $15.10 FLEETCOR TECHNOLOGIES FUEL CHARGES JULY 23 $236.69 FREDERICK SOMMERS & WESTERN SIGN SIGNS FOR REDBUD $340.00 CO PHONE USAGE $3.78 JPMORGAN CHASE BANK AMAZON -CLIP HOLDER $43.96 JPMORGAN CHASE BANK AMAZON -DRUM MAT $38.97 JPMORGAN CHASE BANK AMAZON -DVD PLAYER $493.00 JPMORGAN CHASE BANK AMAZON- HEADPHONES $9.99 JPMORGAN CHASE BANK AMAZON- PROTECT PLAN $60.99 JPMORGAN CHASE BANK B &H- LAPTOP PARTS $56.08 JPMORGAN CHASE BANK KCD -RADIO STATION $200.00 KINGTEN STUDIOS AUDIO ENGINEER $300.00 ROOS JUMPIN JOY LLC BOUNCE ATTENDANT $100.00 GEN CULTURE & RECREATION -Total $1,894,78 AEP /PSO ELECTRIC USE $26.73 COX COMMUNICATIONS PHONE USAGE $7.55 OWASSO CHAMBER OF COMMERCE ECONOMIC DEVELOPMENT $11,001.67 GEN ECONOMIC DEV -Total $11,035.95 AEP /PSO ELECTRIC USE $96,81 AT &T PHONE USE $2629 CIVICPLUS, LLC NOTIFICATION SYSTEM $8,476.11 COX COMMUNICATIONS PHONE USAGE $3.78 FLEETCOR TECHNOLOGIES FUEL CHARGES JULY 23 $44.46 GEN EMERG PREPAREDNESS -Total $8,647.45 COX COMMUNICATIONS PHONE USAGE $30.20 FLEETCOR TECHNOLOGIES FUEL CHARGES JULY 23 $394.70 JPMORGAN CHASE BANK GELLCO -BOOTS $143.99 OKLAHOMA FLOODPLAIN MANAGERS 2023 OFMA CONFERENCE $2,000.00 UNIFIRST HOLDINGS LP UNIFORM SERVICES $6145 UNITED STATES CELLULAR CORPORATION PW CELL PHONES $24.51 GEN ENGINEERING -Total $2,656.85 3 Fund 01 Claims List - 09/05/2023 Vendor Name Payable Description Payment Amount GENERAL COX COMMUNICATIONS PHONE USAGE $30.20 JPMORGAN CHASE BANK AMAZON- SUPPLIES $82.67 JPMORGAN CHASE BANK CHAMBER -FEES $30.00 JPMORGAN CHASE BANK GRANT - TRAINING $565.00 JPMORGAN CHASE BANK OOP- SUPPLIES $8.74 JPMORGAN CHASE BANK TRAVEL EXP 7131 -8/1 $26.67 SUMNERONE INC COPIER SERVICES $56.85 WYCOM SYSTEMS MAINTENANCE RENEWAL $390.00 GEN FINANCE -Total $1,190.13 AEP /PSO ELECTRIC USE $8,002.03 AT &T PHONE USE $105.14 FLEETCOR TECHNOLOGIES FUEL CHARGES JULY 23 $66.80 JPMORGAN CHASE BANK AMER WASTE - DISPOSAL $119.54 JPMORGAN CHASE BANK FEDEX - SNIPPING $2220 JPMORGAN CHASE BANK FIN EQUIP -FOLD MACHIN $695.00 JPMORGAN CHASE BANK LEE SUBS- SUBSCRIPTION $1.00 JPMORGAN CHASE BANK ONG- NATURAL GAS USAGE $216.66 JPMORGAN CHASE BANK QUADIENT -INK $28120 MAILROOM FINANCE INC POSTAGE $1,500.00 MCAFEE & TAFT LEGAL SERVICES $190.00 MCAFEE & TAFT PROFESSIONAL SERVICES $275.00 PROSTAR SERVICES INC COFFEE - CITY HALL $60.91 TULSA COUNTY ELECTION BOARD 55/100THS ELECTION $8,261.35 GEN GENERAL GOVERNMENT -Total $19,796.83 AEP IPSO ELECTRIC USE $345.63 COX COMMUNICATIONS PHONE USAGE $3,78 JPMORGAN CHASE BANK ONG- NATURAL GAS USAGE $48.56 GEN HISTORICAL MUSEUM -Total $397,97 COMMUNITYCARE EAP EAP FEE $936.00 COX COMMUNICATIONS PHONE USAGE $15.10 JPMORGAN CHASE BANK CANVA- SUBSCRIPTION $349.50 JPMORGAN CHASE BANK FACEBOOK- ADVERTISING $85.18 JPMORGAN CHASE BANK GIANT TV -EMPY DEVELOP $599.00 JPMORGAN CHASE BANK HIRE VETS - ADVERTISING $189.00 JPMORGAN CHASE BANK INDEED- ADVERTISING $1,004.03 JPMORGAN CHASE BANK ODP- REFUND ($22.40) JPMORGAN CHASE BANK ODP- SUPPLIES $179.60 JPMORGAN CHASE BANK OWASSOISMS- ADVERTISE $594.00 JPMORGAN CHASE BANK SAMPSON -EMPY DEVELOP $1,420.00 JPMORGAN CHASE BANK SAMS - SUPPLIES $56.61 MCAFEE & TAFT PROFESSIONAL SERVICES $1,615.00 4 Claims List - 09/05/2023 Fund Vendor Name Payable Description Payment Amount 01 GENERAL RICH & CARTMILL INC RENEW SURETY BOND $1,514.00 RICHARD W HIGHT EMPLOYEE DEVELOPMENT $4,000.00 GEN HUMAN RESOURCES -Total $3,290,01 $12,534.62 AT &T PHONE USE $2629 COX COMMUNICATIONS PHONE USAGE $22.65 FLEETCOR TECHNOLOGIES FUEL CHARGES JULY 23 $64.86 JPMORGAN CHASE BANK AMAZON -HARD DRIVE $79.99 JPMORGAN CHASE BANK AMAZON -PATCH CABLES $65.94 JPMORGAN CHASE BANK BEST BUY - CABLES ($140.97) JPMORGAN CHASE BANK BEST BUY - REFUND ($350.00) JPMORGAN CHASE BANK BESTBUY- PROJECTOR $1,199.99 JPMORGAN CHASE BANK COX - INTERNET $100.05 JPMORGAN CHASE BANK EBAY- NETWORKING $128.88 JPMORGAN CHASE BANK ESRI -DATA STORAGE $640.00 JPMORGAN CHASE BANK HOME DEPOT- CABINET GL $13.98 JPMORGAN CHASE BANK HOME DEPOT -PC POWER $54.97 JPMORGAN CHASE BANK NOBEL SYSTEMS - RENEWAL $24,840.00 JPMORGAN CHASE BANK OFFICE DEPOT -FILE FOL $15.69 JPMORGAN CHASE BANK OFFICE DEPOT -UPS $117.99 TREASURER PETTY CASH M MOUNT- PARKING $10.00 TREASURER PETTY CASH NATHAN S -EXP REIMB $45.00 GEN INFORMATION TECH -Total $3,290,01 $27,135.31 COX COMMUNICATIONS PHONE USAGE $22.65 FLEETCOR TECHNOLOGIES FUEL CHARGES JULY 23 $32.32 GH2 ARCHITECTS LLC DESIGN SERVICES $1,250.00 JPMORGAN CHASE BANK CANVA - SUBSCRIPTION $69.89 JPMORGAN CHASE BANK CHAMBER -FEE $225.00 JPMORGAN CHASE BANK IMLA- RENEWAL $656.00 JPMORGAN CHASE BANK MARCOS- APPRECIATION $93.90 JPMORGAN CHASE BANK MAZZIOS -EMPY RECOG $129.49 JPMORGAN CHASE BANK MEETING EXP O8110 $195.70 JPMORGAN CHASE BANK MEETING EXP 819 $38.98 JPMORGAN CHASE BANK ODP- SUPPLIES $73,19 JPMORGAN CHASE BANK OK MUNICIPAL - CONFEREN $350.00 JPMORGAN CHASE BANK REASORS- APPRECIATION $11.17 JPMORGAN CHASE BANK SAMS- SUPPLIES $16.72 JPMORGAN CHASE BANK TULSA REGIONAL -FEE $125.00 GEN MANAGERIAL -Total $3,290,01 COX COMMUNICATIONS PHONE USAGE $15.10 JPMORGAN CHASE BANK AMAZON- OFFICE CHAIR $349.97 JPMORGAN CHASE BANK AMAZON- SUPPLIES $72.95 5 Claims List - 09/05/2023 Fund Vendor Name Payable Description Payment Amount 01 GENERAL JPMORGAN CHASE BANK DOLLAR GENERAL- SUPPLI $4.90 JPMORGAN CHASE BANK TYLER TECH - REFUND ($150.00) YOUTH SERVICES OF TULSA FY24 YOUTH COURT $4,125.00 GEN MUNICIPAL COURT -Total ATWOOD -WEED KILLER $4,417.92 AEP /PSO ELECTRIC USE $2,064.17 BERTERM PRODUCTS INC CORD FOR LIFT STATION $350.00 BERTERM PRODUCTS INC DUAL END CORD -PUMP $511.17 BERTERM PRODUCTS INC GRINDER PUMP $7,056.14 COX COMMUNICATIONS PHONE USAGE $3,78 FLEETCOR TECHNOLOGIES FUEL CHARGES JULY 23 $809.57 JPMORGAN CHASE BANK ADT- SECURITY $44.98 JPMORGAN CHASE BANK AMAZON - SUBSCRIPTION $14,99 JPMORGAN CHASE BANK ATWOOD- SUPPLIES $62.91 JPMORGAN CHASE BANK ATWOOD -WEED CONTROL $89.99 JPMORGAN CHASE BANK C &C- SUPPLIES $266.00 JPMORGAN CHASE BANK CORNERSTONE - GLOVES $33.98 JPMORGAN CHASE BANK CORNERSTONE -SAW CHAIN $26.00 JPMORGAN CHASE BANK CORNERSTONE - SUPPLIES $52.24 JPMORGAN CHASE BANK LIBERTY -FLAGS $1,179.00 JPMORGAN CHASE BANK LOWES- BRIDGE PLANKING $32.00 JPMORGAN CHASE BANK LOWES- SUPPLIES $57.20 JPMORGAN CHASE BANK NEWELL -WEED CONTROL $578.15 JPMORGAN CHASE BANK ONG- NATURAL GAS USAGE $50.97 JPMORGAN CHASE BANK P &K -MOWER BELT $194.24 JPMORGAN CHASE BANK TURFWORX -JULY MOWINGS $868.00 MBE ENTERPRISES, LLC STORM TREE CLEANUP $20,000.00 TREASURER PETTY CASH SERV OK- AUCTION VEH $11.00 UNIFIRST HOLDINGS LP PARKS STAFF UNIFORMS $78.02 WASHINGTON CO RURAL WATER DISTRICT MCCARTY PARK $37.60 GEN PARKS -Total $34,472.10 JPMORGAN CHASE BANK EQUIP ONE -BUGGY $150.00 GEN PARKS PUB ART BENCHES -Total $150.00 AEP IPSO ELECTRIC USE $567.11 JPMORGAN CHASE BANK BOB BARKER- PRISON $417.80 MOTOROLA SOLUTIONS INC ASTRO SYST PLUS PKG $2,394.92 GEN POLICE COMMUNICATIONS -Total $3,379.83 FLEET FUELS LLC GASOLINE /FUEL $816.08 FLEETCOR TECHNOLOGIES FUEL CHARGES JULY 23 $1,021.56 JPMORGAN CHASE BANK AMAZON - SUPPLIES $30.83 JPMORGAN CHASE BANK ATWOOD -WEED KILLER $159.99 JPMORGAN CHASE BANK GRAINGER- SUPPLIES $50.24 0 Claims List - 0910512023 Fund Vendor Name Payable Description Payment Amount 01 GENERAL JPMORGAN CHASE BANK HARD HAT -SAFE GLOVES $70.00 JPMORGAN CHASE BANK LOWES -WASP SPRAY $17.92 JPMORGAN CHASE BANK PAGERSDIRECT -PAGER $26.03 JPMORGAN CHASE BANK STANDARD- FILTERS $29.80 JPMORGAN CHASE BANK STANDARD -SPARK PLUGS $201.03 SPOK INC. PAGER USE $50.85 UNIFIRST HOLDINGS LP UNIFORM SERVICES $181.89 WILLIAM JOSEPH BLACKARD TREE REMOVAL $1,400.00 GEN STORMWATER -Total $4,056.22 TREASURER PETTY CASH CC DEP REF - BRADLEY $50.00 TREASURER PETTY CASH CC DEP REF -CRUZ $100.00 TREASURER PETTY CASH CC DEP REF - HARRISON $50.00 TREASURER PETTY CASH CC DEP REF -HICKS $50.00 TREASURER PETTY CASH CC DEP REF - JUSTICE $50.00 TREASURER PETTY CASH CC DEP REF - LEVINE $50.00 TREASURER PETTY CASH CC DEP REF - SANFORD $100.00 TREASURER PETTY CASH CC DEP REF - WESTLUND $50.00 TREASURER PETTY CASH CC DEP REF - WRIGHT $50.00 TREASURER PETTY CASH OLD CENT REF - SELLERS $100.00 GENERAL -Total $650.00 TREASURER PETTY CASH HARVEST REF -3 DOG $40.00 GF- HARVEST FESTIVAL -Total $40.00 OK OFFICE OF THE ATTORNEY GENERAL SAFE GRANT REFUND $237.00 OT SAFE GRANT - Total $237.00 GENERAL -Total $185,672.63 20 AMBULANCE SERVICE FLEETCOR TECHNOLOGIES FUEL CHARGES JULY 23 $3,689.14 JPMORGAN CHASE BANK ACE - SUPPLIES $881.03 JPMORGAN CHASE BANK ADVANCE- MAINTENANCE $37.50 JPMORGAN CHASE BANK AMAZON -EMS OFFICE $471.67 JPMORGAN CHASE BANK BOUND TREE - SUPPLIES $4,302.33 JPMORGAN CHASE BANK ED CENTER - TRAINING $135.00 JPMORGAN CHASE BANK FULLERTON -HYDRO TEST $354.00 JPMORGAN CHASE BANK HENRY SCHEIN- SUPPLIES $355.44 JPMORGAN CHASE BANK KNOX- APPARATUS $584.00 JPMORGAN CHASE BANK LIFE ASSIST - SUPPLIES $2,150.67 JPMORGAN CHASE BANK MEDLINE - SUPPLIES $128.40 JPMORGAN CHASE BANK WALGREENS -WRIST SP $103.46 JPMORGAN CHASE BANK ZOLL- SUPPLIES $1,481.34 MEDICLAIMS INC BILLING SERVICES $16,128.38 TREASURER PETTY CASH WYATT SMITH $66.47 M Claims List - 09/05/2023 Fund Vendor Name Payable Description Payment Amount 20 AMBULANCE SERVICE ZOLL MEDICAL CORP ANNUAL AUTOPULSES $2,800.00 ZOLL MEDICAL CORP ANNUAL CONTRACT $17,376.04 AMBULANCE -Total AMBULANCE SERVICE -Total $51,044.87 BARBARA KAMANES AMBULANCE REFUND $469.76 BILLY DURHAM AMBULANCE REFUND $100.00 COMMUNITY CARE AMBULANCE REFUND $492.38 GARY MORGAN AMBULANCE REFUND $85.33 GARY WELCH AMBULANCE REFUND $6.41 HUMANA AMBULANCE REFUND $248.96 LOYLEA DUNDOM AMBULANCE REFUND $1,092.00 SANDRA DANIEL AMBULANCE REFUND $25.00 SUSAN STEWART AMBULANCE REFUND $1,633.00 TREASURER PETTY CASH AMB REF -MEIR $20.40 TREASURER PETTY CASH AMB REF - THOMPSON $20.40 TREASURER PETTY CASH AMB REF - WALKER $20.40 TREASURER PETTY CASH AMB REF - ZIMMERMAN $20.40 VICKI REED AMBULANCE REFUND $20.00 WAYNE EGGERMAN AMBULANCE REFUND $45.11 0 AMBULANCE SERVICE -Total $4,299.55 AMBULANCE SERVICE -Total $55,344.42 21 E -911 AT &T PHONE USE $425.58 DEPARTMENT OF PUBLIC SAFETY OLETS ACCESS $680.00 JPMORGAN CHASE BANK AMAZON- SUPPLIES $41.56 JPMORGAN CHASE BANK COMP PROJ- MAINTENANCE $198.00 JPMORGAN CHASE BANK OFFICE DEPOT - PROJECTO $849.99 JPMORGAN CHASE BANK OK PUBLIC - TRAINING $538.00 LANGUAGE LINE SERVICES TRANSLATION SERVICES $15.03 THOMAS ALAN HOFFMANN MMPI FEES $125.00 E911 COMMUNICATIONS -Total $2,873.16 E -911 -Total $2,873.16 25 HOTEL TAX OWASSO CHAMBER OF COMMERCE ECONOMIC DEVELOPMENT $8,165.00 HOTEL TAX ECON DEV -Total $8,165.00 COX COMMUNICATIONS PHONE USAGE $7.55 JPMORGAN CHASE BANK OK NEWS- SUBSCRIPTION $10.99 JPMORGAN CHASE BANK SAVON -YARD SIGNS $385.00 STRONG NEIGHBORHOODS -Total $403.54 HOTELTAX -Total $8,568.54 27 STORMWATER MANAGEMENT UNITED RENTALS NORTH AMERICA INC CHIPPER RENTAL $2,184.06 2023 WIND STORM -Total $2,184.06 MESHEK & ASSOCIATES, P.L.C. ENGINEERING SERVICES $1,008.45 0 Claims List - 09/05/2023 Fund Vendor Name Payable Description Payment Amount 27 STORMWATER MANAGEMENT GARNETT CULVERT IMPROV -Total $1,008.45 MESHEK & ASSOCIATES, P.L.C. ENGINEERING SERVICES $4,342.80 NOTTINGHAM DRAINAGE IMPRO -Total -Total $4,342.80 AEP IPSO ELECTRIC USE $369.66 COX COMMUNICATIONS PHONE USAGE $7.55 JPMORGAN CHASE BANK 41MPRINT -BAGS $270.94 JPMORGAN CHASE BANK AMAZON- CHAINS $135.64 JPMORGAN CHASE BANK AMAZON- SUPPLIES $51.00 JPMORGAN CHASE BANK ATWOOD -OIL $5,99 JPMORGAN CHASE BANK ATWOOD -TRASH BAGS $215.88 JPMORGAN CHASE BANK BROWN FARMS -SOD $390.00 JPMORGAN CHASE BANK CANVA- SERVICE $119.99 JPMORGAN CHASE BANK CORE &MAIN -RISER $114.55 JPMORGAN CHASE BANK LOWES -BROOM $20,88 JPMORGAN CHASE BANK LOWES- LUMBER $63.73 JPMORGAN CHASE BANK NCTCOG- TRAINING $100.00 JPMORGAN CHASE BANK OK WATER - TRAINING $150.00 JPMORGAN CHASE BANK PROD ENERGY -BOOKS $285.00 UNIFIRST HOLDINGS LP UNIFORM SERVICES $17.04 UNITED STATES CELLULAR CORPORATION PW CELL PHONES $45.35 STORMWATER-STORMWATER -Total $2,363.20 STORMWATER MANAGEMENT -Total $9,898.51 31 AMBULANCE CAPITAL TREASURER PETTY CASH AMB REF -MEIR $3.60 TREASURER PETTY CASH AMB REF - THOMPSON $3.60 TREASURER PETTY CASH AMB REF - WALKER $3.60 TREASURER PETTY CASH AMB REF - ZIMMERMAN $3.60 AMBULANCE CAPITAL -Total $14.40 AMBULANCE CAPITAL -Total $1440 34 VISION TAX FELKINS ENTERPRISES LLC ROAD SIGNS $70.00 116TH -MINGO TO GARNETT RD - Total $70.00 VISION TAX -Total $70.00 37 SALES TAX FIRE AEP /PSO ELECTRIC USE $9,490.73 AT &T PHONE USE $26.29 COX COMMUNICATIONS PHONE USAGE $124.59 FLEETCOR TECHNOLOGIES FUEL CHARGES JULY 23 $2,743.43 JPMORGAN CHASE BANK ACADEMY - UNIFORM $100.00 JPMORGAN CHASE BANK ALABAMA FIRE -CLASS $520.00 JPMORGAN CHASE BANK AMAZON - LAPTOP $181,47 JPMORGAN CHASE BANK AMAZON- SUPPLIES $87.57 JPMORGAN CHASE BANK AMER WASTE- DISPOSAL $106.42 W Claims List - 09105/2023 Fund Vendor Name Payable Description Payment Amount 37 SALES TAX FIRE JPMORGAN CHASE BANK ATWOOD -LAWN EQUIP $21.99 JPMORGAN CHASE BANK BECK PLUMB -PLUMB REPA $1,234.80 JPMORGAN CHASE BANK BUMPER -AIR FILTER $24.20 JPMORGAN CHASE BANK CONSOLIDATED- TESTING $3,031.70 JPMORGAN CHASE BANK CORNERSTONE- IRRIGATIO $6.99 JPMORGAN CHASE BANK DELL - DOCKING STATION $304.82 JPMORGAN CHASE BANK DELL - KEYBOARD $74,99 JPMORGAN CHASE BANK DELL - LAPTOP $1,368.06 JPMORGAN CHASE BANK DELL - MONITORS $564.00 JPMORGAN CHASE BANK DELL -SOUND BAR $31.34 JPMORGAN CHASE BANK GOT FAA - REGISTRATION $5.00 JPMORGAN CHASE BANK GREEN COUNTRY - TRAININ $60.00 JPMORGAN CHASE BANK HOME DEPOT- ADAPTER $35.79 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $576.99 JPMORGAN CHASE BANK INTERSTATE -JUMP BOX $119.20 JPMORGAN CHASE BANK LOCKE- REFUND ($47.20) JPMORGAN CHASE BANK LOCKE - SUPPLIES $2,489.23 JPMORGAN CHASE BANK LOWES- SUPPLIES $186.92 JPMORGAN CHASE BANK METROSHOE- UNIFORM $200.00 JPMORGAN CHASE BANK NFPA- MEMBERSHIP $1,727.50 JPMORGAN CHASE BANK ODP- SUPPLIES $220.60 JPMORGAN CHASE BANK OFFICE DEPOT -EMS UPS $117.99 JPMORGAN CHASE BANK OK POLICE - UNIFORM $861.24 JPMORGAN CHASE BANK OKIAAI- TRAINING $250.00 JPMORGAN CHASE BANK ONG- NATURAL GAS USAGE $972.05 JPMORGAN CHASE BANK PET SUPPLIES -DOG FOOD $121.71 JPMORGAN CHASE BANK PLUMBERSSTOCK - SUPPLIE $10.98 JPMORGAN CHASE BANK SAFE KIDS -CAR SEAT $55.00 JPMORGAN CHASE BANK SAMS -DOG SUPPLIES $44.96 JPMORGAN CHASE BANK SAMS- SUPPLIES $496.42 JPMORGAN CHASE BANK T &W -TIRES $3,596.88 JPMORGAN CHASE BANK WALMART - BATTERIES $17.94 PAT BAKER CONST BORE & PIPE $1,560.00 SALES TAX FUND -FIRE -Total $33,722.59 SALES TAX FIRE - Total $33,722.59 38 SALES TAX POLICE AEP /PSO ELECTRIC USE $8,553.65 AT&T PHONE USE $26.29 BEAR COMMUNICATIONS INC INSTALLATION FEE $334.07 COMMERCIAL POWER SOLUTIONS, LLC REPAIR & MAINTENANCE $3,230.00 COX COMMUNICATIONS PHONE USAGE $215.19 FLEETCOR TECHNOLOGIES FUEL CHARGES JULY 23 $13,848.65 10 Fund 38 SALES TAX POLICE Claims List - 09/05/2023 Vendor Name Payable Description Payment Amount JPMORGAN CHASE BANK ADOBE - SUBSCRIPTION $599.88 JPMORGAN CHASE BANK ADVANCE -PARTS $19.57 JPMORGAN CHASE BANK AMAZON -PHONE CASES $445.74 JPMORGAN CHASE BANK AMAZON - REFUND ($104.93) JPMORGAN CHASE BANK AMAZON - SUPPLIES $632.84 JPMORGAN CHASE BANK AMAZON -TRUCK PARTS $155.99 JPMORGAN CHASE BANK AMER WASTE- DISPOSAL $141.86 JPMORGAN CHASE BANK AMZ -MATS $5,876.47 JPMORGAN CHASE BANK ARROWHEAD - SUPPLIES $412.19 JPMORGAN CHASE BANK AT YOUR SERV- RENTAL $138.00 JPMORGAN CHASE BANK DELL - MONITORS $1,222.02 JPMORGAN CHASE BANK DELL -SGT MONITORS $94.02 JPMORGAN CHASE BANK DELL -SOUND BAR $1,128.00 JPMORGAN CHASE BANK DUVALL- REPAIR $3,670.00 JPMORGAN CHASE BANK FAM ANIMAL -K9 MED $714.58 JPMORGAN CHASE BANK FEDEX- SHIPPING $34.99 JPMORGAN CHASE BANK GRANITE - TRAINING $3,906.00 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $19.93 JPMORGAN CHASE BANK KUM &GO -FUEL $59.73 JPMORGAN CHASE BANK KUM &GO -GAS $55.35 JPMORGAN CHASE BANK LOCKE -CABLE STRAPS $2.90 JPMORGAN CHASE BANK LODGING EXP 816 -11 $270.00 JPMORGAN CHASE BANK LODGING EXP - 11/5 -11 $336.72 JPMORGAN CHASE BANK MAGIC REF - REPAIR $174.00 JPMORGAN CHASE BANK MAGNETICMIC -VEH PARTS $836.92 JPMORGAN CHASE BANK MAKESTICKERS- SUPPLIES $230.90 JPMORGAN CHASE BANK MEEKS- REFUND ($302.00) JPMORGAN CHASE BANK MEEKS -VEH STRIPING $302.00 JPMORGAN CHASE BANK MEETING EXP 08/21 $41.44 JPMORGAN CHASE BANK MEETING EXP 08/24 $31.16 JPMORGAN CHASE BANK MEETING EXP 08125 $55.36 JPMORGAN CHASE BANK MEETING EXP 8110 $30.89 JPMORGAN CHASE BANK MEETING EXP 8/11 $3116 JPMORGAN CHASE BANK MEETING EXP 8114 $31.16 JPMORGAN CHASE BANK MEETING EXP 8/7 $30.89 JPMORGAN CHASE BANK NATION TACT - TRAINING $966.00 JPMORGAN CHASE BANK NJ CRIMINAL - TRAINING $398.00 JPMORGAN CHASE BANK OAKLEY -EQUIP REPAIR $39.52 JPMORGAN CHASE BANK ODP- SUPPLIES $63.07 JPMORGAN CHASE BANK ONG- NATURAL GAS USAGE $545.53 JPMORGAN CHASE BANK OREILLY -PARTS $109.69 11 Claims List - 09/0512023 Fund Vendor Name Payable Description Payment Amount 38 SALES TAX POLICE JPMORGAN CHASE BANK OREILLY -VEH PARTS $50.60 JPMORGAN CHASE BANK OSBIAA - TRAINING $70.00 JPMORGAN CHASE BANK PEAVEY - SUPPLIES $244.65 JPMORGAN CHASE BANK PUBLIC AGENCY -TRAIN $695.00 JPMORGAN CHASE BANK PUBLIC AGENCY- TRAININ $695.00 JPMORGAN CHASE BANK PUBLIC RELAT -TRAIN $599.00 JPMORGAN CHASE BANK QT -CAR WASH $24.00 JPMORGAN CHASE BANK QT -FUEL $65.03 JPMORGAN CHASE BANK QUIT BUGGIN -PEST $75.00 JPMORGAN CHASE BANK RAYALLEN- SUPPLIES $39.59 JPMORGAN CHASE BANK RISE- RIFLES $4,616.00 JPMORGAN CHASE BANK SAMS- SUPPLIES $136.54 JPMORGAN CHASE BANK SAVON- BUSINESS CARDS $100.00 JPMORGAN CHASE BANK SCHINDLER- REPAIR $1,871.72 JPMORGAN CHASE BANK SUMNER- COPIER $573.29 JPMORGAN CHASE BANK THOMSON WEST - ACCESS $486.07 JPMORGAN CHASE BANK TI RESERV - TRAINING $825.40 JPMORGAN CHASE BANK TINT SHOP - BEDLINER $1,280.00 JPMORGAN CHASE BANK TRAVEL EXP 1115 -11 $331.96 JPMORGAN CHASE BANK TRAVEL EXP 11/6 -10 $594.96 JPMORGAN CHASE BANK TRAVEL EXP 7/16 -8112 $223.13 JPMORGAN CHASE BANK TREASURE ISLAND -REF ($89.57) JPMORGAN CHASE BANK TREASURE - TRAINING $89.57 JPMORGAN CHASE BANK ULINE- SUPPLIES $127.17 JPMORGAN CHASE BANK LISPS- POSTAGE $24.95 OKLAHOMA DEPARTMENT OF LABOR BOILER INSPECTION FEE $50.00 OVERHEAD DOOR CO. OF TULSA, INC REPAIR SALLYPORT $175.00 THOMAS ALAN HOFFMANN MMPI FEES $250.00 TREASURER PETTY CASH M BARNES -EXP REIMB $6.98 TREASURER PETTY CASH M DENTON -CAR WASHES $16.00 TREASURER PETTY CASH NOTARY - DENTON $25.00 TURN -KEY MOBILE, INC LAPTOPS & SOFTWARE $10,836.00 SALES TAX FUND - POLICE -Total $74,763.43 SALES TAX POLICE -Total $74,763.43 39 SALES TAX STREETS AEP IPSO ELECTRIC USE $3,019.80 BILLY BASORE JULY DIRT $86.67 CONSOLIDATED TRAFFIC CONTROLS, INC TIME CLOCKS $1,848.00 COX COMMUNICATIONS PHONE USAGE $7.55 FLEET FUELS LLC GASOLINE /FUEL $816.06 FLEETCOR TECHNOLOGIES FUEL CHARGES JULY 23 $1,754.80 GADES SALES COMPANY, INC REPAIR SDLC PORT $174.00 12 Claims List - 09/05/2023 Fund Vendor Name Payable Description Payment Amount 39 SALES TAX STREETS JPMORGAN CHASE BANK AMAZON- SUPPLIES $30.83 JPMORGAN CHASE BANK ANCHOR STONE -ROCK $402.01 JPMORGAN CHASE BANK CAVENDERS -BOOTS $161.99 JPMORGAN CHASE BANK GRAINGER- SUPPLIES $50.24 JPMORGAN CHASE BANK HARD HAT -SAFE GLOVES $70.00 JPMORGAN CHASE BANK HOME DEPOT - CONNECTORS $47.92 JPMORGAN CHASE BANK LOWES- CONCRETE ANCHOR $16.98 JPMORGAN CHASE BANK LOWES -PAINT ROLLERS $17.56 JPMORGAN CHASE BANK PAGERSDIRECT -PAGER $26.03 JPMORGAN CHASE BANK WARREN CAT - REPAIR $90.40 JPMORGAN CHASE BANK WELSCO- BOTTLE RENTALS $51.50 MARTIN Z HANNA WINDOW TINT $170.00 PINKLEY SALES CABINET & RISER $20,151.00 PINKLEY SALES CONTROLLER REPAIR $882.00 PINKLEY SALES TRAFFIC SIGN SUPPLIES $794.98 SIGNALTEK INC CONTROLLER CABLE $325.00 SIGNALTEK INC MAINTENANCE AGREEMENT $1,465.00 SPOK INC. PAGER USE $133.26 TREASURER PETTY CASH J JOHNSON -CDL RENEW $58.76 TREASURER PETTY CASH SERV OK- AUCTION VEH $11.00 UNIFIRST HOLDINGS LP UNIFORM SERVICES $252.92 WASHINGTON CO RURAL WATER DISTRICT 116 LANDSCAPE IRRIG $367.35 SALES TAX FUND-STREETS -Total $33,283.61 SALES TAX STREETS -Total $33,283.61 40 CAPITAL IMPROVEMENTS GARVER ENG SVCS - 96 ST $10,652.13 96TH FROM 134TH TO 145TH - Total $10,652.13 JPMORGAN CHASE BANK 911- VEHICLE UPFITTING $3,300.88 Cl FIRE -Total $3,300.88 GARVER ENG SVCS - 106 & 129 INTE $4,016.82 HOPE HOUSING OF GREEN COUNTRY INC ROW ACQUISITION $15,450.00 CIP 1061129 INTERSECT IMP -Total $19,466.82 GARVER 96 & 145 INTERSECTION $2,237.45 WALTON PROPERTY SERVICES LLC ROW APPRAISAL $2,800.00 CIP 961145TH INTERSECT -Total $5,037.45 JPMORGAN CHASE BANK TINT SHOP - BEDLINER $1,200.00 CIP POLICE VEHICLES -Total $1,200.00 BRAVO BUILDERS LLC RANGE PROJECT $204,919.20 P.D. MULTI -USE STRUCTURE -Total $204,919.20 CAPITAL IMPROVEMENTS •Total $244,576.48 70 CITY GARAGE AEP /PSO ELECTRIC USE $700.18 13 Claims List - 0910512023 Fund Vendor Name Payable Description Payment Amount 70 CITY GARAGE COX COMMUNICATIONS PHONE USAGE $1510 JPMORGAN CHASE BANK AMAZON- EXTINGUISHER $11.99 JPMORGAN CHASE BANK AMAZON -PART $1,200.00 JPMORGAN CHASE BANK AMAZON - SUPPLIES $67.73 JPMORGAN CHASE BANK AMAZON - WHEELS - $26.97 JPMORGAN CHASE BANK AMERIFLEX -PARTS $311.00 JPMORGAN CHASE BANK BACKRACK- REFUND ($41.90) JPMORGAN CHASE BANK BUMPER -PARTS $1,636.87 JPMORGAN CHASE BANK BUMPER- SUPPLIES $137.45 JPMORGAN CHASE BANK CONRAD FIRE -PARTS $1,561.70 JPMORGAN CHASE BANK CUMMINS -PARTS $705.60 JPMORGAN CHASE BANK DITCH WITCH- FILTER $272.46 JPMORGAN CHASE BANK GOODYEAR - RETREAD TIRE $2,580.04 JPMORGAN CHASE BANK GOODYEAR -STOCK TIRES $1,857.96 JPMORGAN CHASE BANK GOODYEAR -TIRES $1,553.10 JPMORGAN CHASE BANK HESSELBEIN -STOCK TIRE $320.54 JPMORGAN CHASE BANK HESSELBEIN -TIRES $857.22 JPMORGAN CHASE BANK HOOTEN- HYDURANCE OIL $1,951.66 JPMORGAN CHASE BANK JIM GLOVER -BRAKE PADS $152.50 JPMORGAN CHASE BANK JIM GLOVER - HEADLAMP $857.50 JPMORGAN CHASE BANK JIM GLOVER -KEY FOBS $464.62 JPMORGAN CHASE BANK JIM GLOVER -PARTS $57.07 JPMORGAN CHASE BANK JOHN WRIGHT -TOOL BOX $2,399.97 JPMORGAN CHASE BANK ODP- OFFICE CHAIR $357.68 JPMORGAN CHASE BANK ODP- SUPPLIES $5.94 JPMORGAN CHASE BANK ONG- NATURAL GAS USAGE $159.76 JPMORGAN CHASE BANK SAMS- SUPPLIES $17.25 JPMORGAN CHASE BANK SOUTHERN TIRE -TIRES $509.08 JPMORGAN CHASE BANK TERMINAL - SUPPLIES $621.73 JPMORGAN CHASE BANK TINT SHOP - WINDOW TINT $229.00 JPMORGAN CHASE BANK UNITED FORD- MOULDING $113.17 JPMORGAN CHASE BANK WALMART- SUPPLIES $13.05 JPMORGAN CHASE BANK WARREN -PARTS $241.06 MALCHI AUTOMOTIVE EQUIPMENT SUPPLY TIRE CHANGER -CITY GRG $15,580.00 UNIFIRST HOLDINGS LP VEHICLE MAINT UNIFORM $180.93 14 VEHICLE MAINTENANCE -Total $37,685.98 CITY GARAGE -Total $37,685.98 VEHICLE MAINTENANCE JPMORGAN CHASE BANK BUMPER -PARTS $1,466.84 VEHICLE MAINTENANCE -Total $1,466.84 VEHICLE MAINTENANCE -Total $1,466.84 76 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS $4,329.86 14 Claims List - 09/05/2023 Fund Vendor Name Payable Description Payment Amount 76 WORKERS' COMP SELF -INS WORKERS' COMP SELF -INS -Total $4,329.86 WORKERS' COMP SELF -INS -Total $4,329.86 78 HEALTHCARE SELF INS FUND JPMORGAN CHASE BANK PUSH PEDAL - FITNESS $265.00 JPMORGAN CHASE BANK PUSH PEDAL -LEG PRESS $6,519.00 WELLNESS -Total $6,784.00 HEALTHCARE SELF INS FUND -Total $6,784.00 City Grand Total $699,054.45 15 TO: The Honorable Mayor and City Council FROM: Nathan Singleterry, Desktop Support Technician SUBJECT: Surplus Vehicles and Authorize Auction DATE: August 31, 2023 BACKGROUND: The City of Owasso can declare items surplus that have reached their end of life or are no longer useful. An estimated value of $500.00 or more for the individual items requires City Council approval for disposal. For several years, the City has utilized auction sites to auction surplus vehicles and equipment. These sites act as an "auction broker." Both private individuals and public entities utilize these online auctions as a tool to obtain the highest resale or salvageable price for items they can no longer utilize. Prior to utilizing online auctions, City staff collected and processed surplus items, then conducted an onsite auction. This process took significant time and required many staff resources with very little return. The onsite auctions were typically not well attended and items were sold for for less than the City has received via online auction sites_ HOW IT WORKS: The following is the step -by -step process for online auctions followed by the City of Owasso: • City Council declares vehicles or other items, valued over $500.00, as surplus to the needs of the City; • Digital pictures are taken and descriptions written for each item to be auctioned • Staff determines the length of auction; Staff includes acceptable methods of payment; • Staff determines whether items can be shipped or would need to be picked up by the purchaser /buyer. Most often, items are picked up at City locations; • The auction is promoted through social media and the City's website; • At the end of the auction the highest bidder is notified, and arrangements are made for shipping or pick -up of item once payment is received. FEES: There are fees to sell on most, though not all, auction sites. For some sites, there may be a set fee, and for others there may be a percentage of the total sale price. Staff evaluates the items to be sold to determine the best online option for auctioning. ITEMS RECOMMENDED TO BE DECLARED SURPLUS: The following vehicles and equipment have been deemed as no longer needed to remain in service due to age and /or condition or have been replaced: Vehicles: Reason /Condition: VIN: Book Value: 2007 Chevy Colorado Replaced with Fleet Vehicle due to age - Runs - Overall Fair 1GCDT199578164744 $5000 Condition 2016 Ford F150 Replaced with Fleet Vehicle due to age - Runs- Good 1 FTMFI EF3GKE49772 $12000 condition 1992 Chevy Silverado 3500 Replaced with Fleet Vehicle due to age - Runs - Overall Poor 1 GBHC34KXNE190041 $3500 Condition 2016 Dodge Charger Engine damage- Deemed too expensive to repair 2C3CDXAT2GH 165447 $8000 2008 Ford F250 Replaced with Fleet Vehicle due to age - Runs - Overall Fair 1 FTSX215XBFD23433 $8000 Condition Surplus Page 2 2013 Chevy Tahoe Wrecked and stripped for parts 7GNLC2E06DR157937 $2500 2016 Ford Explorer Replaced due to age /mileage- Runs - Overall Fair 7 FM5K8ARXGGC08380 $8000 Condition 2016 Dodge Charger Mechanically damaged beyond repair -used for Police 2C3CDXAT6GH165449 $750 SWAT training purposes 2016 Dodge Charger Mechanically damaged beyond repair- used for Police 2C3CDXAT4GH165451 $750 SWAT training purposes 2009 Ford Crown Victoria Mechanically damaged beyond repair -used for Police 2FAHP71 V79X109139 $750 SWAT training purposes 2016 Ford F150 Replaced with Fleet Vehicle due to age - Runs - Good 1 FTMFI CFOGKF56460 $12000 condition Coats Tire Balancer Replaced with more modern machine due to age and 0612407302 $2000 suitability for current e ui ment Coats Tire Changer Replaced with more modern machine due to age and 1505102949 $1500 suitability for current e ui ment John Deere Zero Turn Mower Engine damage- Deemed too expensive to repair Unreadable $500 RECOMMENDATION: Staff recommends declaring the above listed vehicles and equipment as surplus to the needs of the City and approving of disposal via online auction. ATTACHMENT: Photos TO: The Honorable Mayor and City Council FROM: Juliann M. Stevens, City Clerk SUBJECT: Ordinance 1209 - Amended (55 /1 00th= Sales Tax Election) DATE: August 31, 2023 PROPOSED ACTION: Staff is seeking City Council consideration and action related to an amendment to Ordinance 1209, amending Part 7, Finance and Taxation, Chapter 2, Sales Tax, Section 7 -206, Effective Date, Section 7- 207.4, Purpose of Revenues, and Section 7 -208, Tax Rates, Sales Subject to Tax. BACKGROUND: • On May 2, 2023, the City Council adopted Ordinance 1209, to remove the December 31, 2023 expiration date of the fifty -five hundredths (0.55 %) of one cent portion of the City's total sales tax and restrict the use of said funds for street improvements, adjoining infrastructure, right -of -way, sidewalks and trails. • Under Section 7 -206, Effective Date, the Ordinance reads "subject to approval by a majority of the qualified electors of the City..," • At an election held August 8, 2023, voters approved Ordinance 1209. Both Tulsa County and Rogers County Election Boards have provided their official certificate of votes. • The proposed amendment to Ordinance 1209 removes the language "subject to approval by a majority of the qualified electors of the City..." and solidifies the effective date of on and after December 31, 2023. RECOMMENDATION: Staff recommends adoption of Ordinance 1209- Amended. ATTACHMENTS: Ordinance 1209 - Amended Official Certificate of Votes CITY OF OWASSO, OKLAHOMA ORDINANCE 1209 - Amended AN ORDINANCE AMENDING THE PROVISIONS OF PART 7, FINANCE AND TAXATION, CHAPTER 2, SALES TAX, SECTION 7 -206, EFFECTIVE DATE, SECTION 7 -207, PURPOSE OF REVENUES AND SECTION 7 -208 TAX RATES; SALES SUBJECT TO TAX, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, BY REMOVING THE EXPIRATION DATE FOR COLLECTING THE TAX OF FIFTY -FIVE HUNDREDTHS PERCENT (0.557.) LEVIED AND ASSESSED UPON THE GROSS PROCEEDS OR GROSS RECEIPTS DERIVED THEREFROM; PROVIDING FOR REQUIREMENT OF APPROVAL BY A MAJORITY OF THE QUALIFIED REGISTERED VOTERS VOTING AT AN ELECTION HELD FOR SUCH PURPOSES AS PROVIDED BY LAW; PROVIDING PROVISIONS SEVERABLE; AND DECLARING AN EFFECTIVE DATE NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO WIT: The Owasso Code of Ordinances, Part 7, Finance and Taxation, Chapter 2, Sales Tax, Section 7 -206, Effective Date, Section 7 -207, Purpose of Revenues, and Section 7 -208, Tax Rates; Sales Subject to Tax, shall be amended as follows: SECTION ONE (1): Section 7 -206 shall be amended to read as follows: SECTION 7 -206 EFFECTIVE DATE The amended provisions of this Ordinance shall become effective on and after December 31, 2023., S IDjeGt t� pp G el by u ,, ^+ a + +he G'ifi A„io,.+ + +h + +h _ vNNr .., u,o „ c,., SECTION TWO (2): Section 7 -207 shall be amended to read as follows: SECTION 7 -207 PURPOSE OF REVENUES 1. It is hereby declared to be the purpose of the first and second cent sales taxes to provide revenues for the support of the functions of municipal government of the city. 2. It is hereby declared to be the purpose of the third cent fax to provide revenues to finance orfund capital projects and related costs, to include debt service on obligations issued to finance said capital projects; said projects to be reviewed by the Capital Improvements Committee, approved by the City Council by resolution, with oversight given by the Citizens' Watchdog Committee established by the City Council, and subject to competitive bidding as required by law. 3. It is hereby declared to be the purpose of the one -half cent tax to provide revenues to fund appropriations as follows: A. Thirty -five percent (35 %) of the one -half cent tax shall be restricted to Owasso Police Services; Ordinance 1209- Amended Page 1 of 2 B. Thirty -five percent (35 %) of the one -half cent tax shall be restricted to Owasso Fire Services, and C. Thirty percent (30 %) of the one -half cent tax shall be restricted to Owasso Street Department. 4. It is hereby declared to be the purpose of fifty -five hundredths (0.55) of one cent tax to provide revenues to fund street improvements, adjoining infrastructure, right -of -way, sidewalks and trails, to include debt service on obligations issued to finance said improvements. SECTION THREE (3): Section 7 -208 shall be amended to read as follows: SECTION 7 -208 TAX RATE; SALES SUBJECT TO TAX There is hereby levied a tax of four and five hundredths percent (4.05 %) upon the gross proceeds or gross receipts derived from all sales taxable under the Oklahoma Sales Tax Code including any and all amendments to and revisions thereof. SECTION FOUR (4): PAYMENT OF TAX The tax levied by this Ordinance shall be paid to the Oklahoma Tax Commission in the manner and form prescribed by state sales tax law of the State of Oklahoma. SECTION FIVE (5): REPEALER All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION SIX (6): SEVERABILITY If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portions shall not be affected and shall remain in full force and effect. SECTION SEVEN (7): CODIFICATION The City of Owasso Code of Ordinances is hereby amended as shown above and codified in Part 7, Chapter 2, Section 7 -206, 7 -207 and 7 -208. PASSED AND ADOPTED this 51h day of September, 2023. Kelly Lewis, Mayor ATTEST: Juliann M. Stevens, City Clerk (SEAL) APPROVED AS TO FORM: Julie Lombardi, City Attorney Ordinance 1209 - Amended Page 2 of 2 Oklahoma Certification Report ** *OFFICIAL CERTIFICATE OF VOTES« ** TULSA COUNTY, OKLAHOMA AUGUST 8, 2023 CITY OF OWASSO PROPOSITION CITY OF OWASSO Precinct FOR THE PROPOSITION- YES AGAINST THE PROPOSITION - NO ROGERS COUNTY PCT 660006 0 ROGERS COUNTY PCT 660021 11 0 ROGERS COUNTY PCT 660029 0 1 ROGERS COUNTY PCT 660031 31 0 ROGERS COUNTY PCT 660130 54 7 ROGERS COUNTY PCT 660131 0 17 TULSA COUNTY PCT 720008 66 0 TULSA COUNTY PCT 720012 39 38 TULSA COUNTY PCT 720013 86 15 TULSA COUNTY PCT 720014 48 33 TULSA COUNTY PCT 720015 91 16 TULSA COUNTY PCT 720016 65 26 TULSA COUNTY PCT 720017 115 32 TULSA COUNTY PCT 720018 64 52 TULSA COUNTY PCT 720019 168 20 TULSA COUNTY PCT 720020 96 68 TULSA COUNTY PCT 720021 139 19 TULSA COUNTY PCT 720022 59 58 TULSA COUNTY PCT 720023 27 38 10 ea2450 Page 1 of 2 Oklahoma Certification Report ** *OFFICIAL CERTIFICATE OF VOTES * ** TULSA COUNTY, OKLAHOMA AUGUST8,2023 CITY OF OWASSO PROPOSITION CITY OF OWASSO FOR THE PROPOSITION- AGAINSTTHE Precinct YES PROPOSITION -NO TULSA COUNTY ABSENTEE PCT 84 25 Total: 1,254 464 WE, THE DULYAPPOINTED MEMBERS OF THE TULSA COUNTY ELECTION BOARD, STATE OF OKLAHOMA, DO HEREBY CERTIFY THAT THE ABOVEAND FOREGOING IS A TRUE AND CORRECT NUMBER OF VOTES CAST IN THE ELECTION HELD ON 81812023. RESULTS OF SAID ELECTION ARE SHOWN ABOVE. DATED AT TULSA, OKLAHOMA, THIS 11th DAY OF AUGUST, 2023. ea2450 Page 2 of 2 TO: The Honorable Mayor and City Council FROM: Earl Farris, Project Administrator SUBJECT: Acceptance of Infrastructure Improvements at 8560 North 1451h East Avenue Township 21 DATE: August 31, 2023 BACKGROUND: The subject commercial development is located at 8560 North 145th East Avenue. Public infrastructure improvements consist of a concrete approach, stormwater piping, potable water lines and fire line taps. FINAL INSPECTIONS: Final inspections for the infrastructure components were completed in August 2023, by the Public Works Department. All standards for acceptance have been met. Additionally, the construction contractor has supplied the necessary two -year maintenance bond. RECOMMENDATION: Staff recommends acceptance of the public infrastructure improvements at Township 21. ATTACHMENTS: Location Map City Attorney Approved Letter of Credit Township21 ky- 433.6 L� r L Str etiNorth I, ri4� fit% l� 1d505j{ r rrr � c m Sd�� ETIC r y. ,n „ — `� _ Ira • I i— .. r, 4 „ R .. I R° n. r Z .. I—L' i. 1" = 194 ft Location Map 08/09/2023 �p RiR I`nIN.RE�F }L fuuJip. This map may r� resens a visual display of related geographic information - Da-.a provided here on is not guarantee of actual field conditions. To be sure of complete accuracy, please ceniact the responsible staf�for most up- to-dote information- Farris, Earl From: Lombardi, Julie Sent: Wednesday, August 9, 2023 2:26 PM To: Farris, Earl Cc: Wingert Shellie; Hancock, Brandon Subject: RE: Letter of Credit for Township 21 I do not see legal issues or concerns Jurtte Trout Gom6ardi City Attorney City of Owasso PO Box 180 200 S Main St Owasso, OK 74055 Phone: 918-376-1511 Fax 918 - 376 -1599 Email: �ombardi �cityofowasso.com www.citVofowasso.com People , REAL Character • REAL Community From: Farris, Earl <efarris @CityOfOwasso.com> Sent: Wednesday, August 9, 2023 12:12 PM To: Lombardi, Julie <ILombardi @CityOfOwasso.com> Cc: Wingert Shellie <swingert @cityofowasso.com >; Hancock, Brandon <BHancock @CityOfOwasso.com> Subject: Letter of Credit for Township 21 Reviewed once before as a preliminary. Date are changed to meet the council agendas. Please review and let us know if this is approvable for the bonding of Township 21. Thank you. Earl Farris Project Administrator City Of Owasso Public Works efarris@citvofowasso.com ph918-272-4959 / fax 918-272-4996 STANDBY LETTER OF CREDIT August 9, 2022 Letter of Credit No. 10012133 Expiration Date: September 5, 2025 City of Owasso I I 1 N. Main St. Owwasso, OK 74055 Gentlemen/Ladies: At the request and for the account of our customer, DHTC Construction, LLC, a Missouri limited liability company ("DHTC'), Legacy Bank & Trust Company ( "Bank "), hereby establishes in favor of the City of Owwasso ( "City"), this Standby Letter of Credit ( "Letter of Credit"). This Letter of Credit authorizes you to draw on its in amounts which in the aggregate shall not exceed the "Stated Amount" of Two Hundred Eight Thousand Five Hundred Fifty -Two and no /100 Dollars ($208,552.00), which amounts shall be proportionately reduced by draws on the Construction Loan as set forth in Section 7 below. 2. Amounts drawn on this Letter of Credit shall be deposited to an account identified by DHTC and the City and satisfactory to Bank (the "LC Proceeds Account"), to be held in escrow for application as provided as set forth in this Section 2. In the event that the Bank rejects, denies or otherwise fails to fund any advance (a "Failed Advance ") on Township 21, LP, an Oklahoma limited partnership (the "Owner ") the Owner's construction loan from the Bank pursuant to a Loan Agreement dated as of May 28, 2021 (the "Construction Loan ") for any reason whatsoever, then DHTC shall have thirty (30) days to obtain alternative finding in the amount of the Failed Advance and make such alternative funding immediately available for payment or reimbursement of project costs of the 58 affordable housing units being developed in Owasso, Oklahoma (the "Project Costs "). If, however, DHTC shall fail to provide such alternative funding in the amount of the Failed Advance within thirty (30) days of the Failed Advance, then the City may draw on this Letter of Credit an amount equal to the Failed Advance by submitting a draft as set forth in Section 5 below. Funds deposited in the LC Proceeds Account shall be disbursed for payment or reimbursement of Project Costs. City and Bank will cooperate in providing information to each other verifying Project Costs to be paid or reimbursed from the LC Proceeds Account, and continued accuracy of the budget and construction schedule for the Project, including providing inspection reports, sworn statements of owner and general contractor, and mechanic's lien waivers from general contractor and each subcontractor. 3. This Letter of Credit will expire on the earlier of: (i) the date that the Bank disburses the funds to Owner for the final draw on the Construction Loan; or (ii) our receipt of your certificate in the form of Exhibit "B" hereto appropriately completed, together with this Letter of Credit; or (iii) the date on which we honor a final drawing or drawings available to be made under this Letter of Credit, in which event this Letter of Credit shall expire immediately after we honor such drawing or drawings; (iv) September 5, 2025 In the event such Expiration Date shall not be a Business Day (as hereinafter defined), then this Letter of Credit shall expire on the next succeeding Business Day. As used herein, "Business Day" means any day other than a Saturday, Sunday or legal holiday or any other day on which commercial banks, located in the cities in which our principal office is located, are authorized or required by law to be closed. 4. You or your duly authorized successor may obtain the finds available under this Letter of Credit by presentment to us, of your drafts drawn on us in the form set forth as Exhibit "A" hereto, accompanied by your executed statement certifying that the amount set forth in the draft is immediately due and payable as described in Section 2 above and accompanied by the original of this Letter of Credit and antendment(s) thereto, if any. (i) If cancellation of this Letter of Credit is desired by the City and DHTC at any time before the Expiration Date, the original of this Letter of Credit and amendment(s) thereto, if any, must be returned to us accompanied by the City's letter requesting cancellation in the form attached hereto as Exhibit "B ". (ii) We hereby acknowledge and agree with the City that draft(s) drawn and required documents presented in compliance with the terms contained in this Letter of Credit will be duly honored upon presentation and delivery to us on or before the Expiration Date hereof, unless sooner terminated in accordance with the terms of this Letter of Credit. S. Your drafts will be honored by payment to you of the draft amount in immediately available funds. Each draft presented for payment wider this Letter of Credit must be dated as of the date of its presentation to us and must be marked conspicuously, "Drawn under Legacy Bank & Trust Company Standby Letter of Credit No. 10012133 ", accompanied by your certification(s) to us stating the following: "I am a duly authorized representative of the beneficiary of Legacy Bank & Trust Company Standby Letter of Credit No. 10012133 and hereby certify that the amount drawn hereunder represents funds due as a result of the true and correct written certification by DHTC of Bank's failure to pay a loan advance from Owner's construction loan from the Bank pursuant to a Loan Agreement dated as of May 28, 2021 (the "Construction Loan "), and DHTC has not provided alternative funding in the amount of the requested advance as described in Section 2 of the Letter of Credit." 6. All drafts, statements, documents and other materials required or permitted to be delivered to us pursuant to this Letter of Credit shall be delivered in person or by nationally recognized over -night courier to Legacy Bank & Trust Company, 3250 E. Sunshine, 2 Springfield, MO 65804 Attention: Brett Magers. Any such delivery not actually received by us as required herein by 2:00 P.M., Central Time, shall be deemed received by us on the following Business Day. You may draw the full amount of this Letter of Credit or only part of it, in your discretion for any request properly submitted pursuant to the Agreement provided that drafts honored by us under this Letter of Credit shall not exceed the original Stated Amount available to you under this Letter of Credit. The Stated Amount shall only be increased from time to time by written amendment. However, the Stated Amount shall be automatically and proportionately reduced by (i) each draw on the Construction Loan, or (ii) each draw on this Letter of Credit, so that the Stated Amount shall at all times be equal to the amount remaining and available to be drawn by Owner under the Construction Loan. Bank shall certify to the City the Stated Amount of this Letter of Credit after such reduction by delivery to the City of the certificate in the form of Exhibit "C° hereto appropriately completed. 8. We consider this Letter of Credit to be irrevocable and unconditional (except as expressly stated herein) under the terms above mentioned. 9. Unless otherwise expressly stated herein, this in-evocable Standby Letter of Credit is subject to the International Standby Practices, International Chamber of Commerce Publication No. 590 (1998) (ISP98). Very truly yours, LEGACY BANK & TRUST COMPANY, a Missouri chartered bank By: Name: Brett Magers Title: President EXHIBIT "A" TO LETTER OF CREDIT Drawn Under Legacy Bank & Trust Company Standby Letter of Credit No. 10012133 $ (U.S.) 20 [identify amount gfloan advance which Bank failed to find] To: Legacy Bank & Trust Company Drawn under Legacy Bank & Trust Company Standby Letter of Credit No. 10012133 I am a duly authorized representative of the beneficiary of Legacy Bank & Trust Company Standby Letter of Credit No. 10012133 and hereby certify that the amount drawn hereunder represents funds due as a result of the true and correct written certification by Owner of Bank's failure to pay a loan advance from Owner's construction loan from the Bank pursuant to a Construction Loan Agreement dated as of May 21, 2021 (the "Construction Loan'), and Owner has not provided alternative funding in the amount of the requested advance as described in Section 2 of the Letter of Credit. Accordingly, please pay to the order of the City of Owasso Park for deposit to an escrow account identified for Dollars ($ J. CITY OF OWASSO By _, City Manager EXHIBIT `B" TO LETTER OF CREDIT Cancellation of Letter of Credit Date: To: Legacy Bank & Trust Company Ref: Standby Letter of Credit No. 10012133 As parties to the above referenced Letter of Credit, we request that this Letter of Credit be canceled, effective immediately. Enclosed herewith are the original Letter of Credit documents, including the amendment(s), if any, thereto. (Note: If any of these documents are not included with this letter, you must specify each missing document and explain the reason why it is not being returned.) Authorization: Beneficiary: City of Owasso, Oklahoma DHTC: DHTC Construction, LLC, a Missouri limited liability company By: By: City Manager Print Name: Title: EXHIBIT "C" TO LETTER OF CREDIT Reduction of Stated Amount of Letter of Credit Date: To: City of Owasso, Oklahoma 111 N. Main Street Owasso, OK 74055 Ref: Standby Letter of Credit No. 10012133 Bank, issuer of the above referenced Letter of Credit, certifies that on 20_ (i) a draw on the Construction Loan has been disbursed to or on behalf of Owner in the amount of $ , or (ii) a draw on the Letter of Credit has been disbursed to or on behalf of the City in the amount of $ . The Stated Amount of the Letter of Credit is reduced by such amount. The Stated Amount of the Letter of Credit is $ as of the above date. Authorization: Bank LEGACY BANK & TRUST COMPANY, a Missouri chartered bank By: Print Name: Title: Farris, Earl From: Farris, Earl Sent: Tuesday, August 8, 2023 2:31 PM To: Farris, Earl Subject: Re: Township 21 - Message (HTMQ Tue 21812023 1:37 PA•1 RS Riley Shantz <crshantz @me.cnm> Re: Township 21 To Farris, Earl B if there are problems with howthis message is displayed, click here to view it In a web browser. CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the Earl, here is the breakdown snatching the 205,552. Waterline Material $80,452 Labor $53,635 Culvert h•laterial $49.800 Labor $14,400 145th Approach Material $6,130 Labor $4,135 Riley Earl Farris 1 sd TO: The Honorable Mayor and City Council FROM: Jason Woodruff, Deputy Chief of Police SUBJECT: Police Vehicle Purchase DATE: August 31, 2023 BACKGROUND: The Owasso Police Department budgeted for nine (9) police vehicles for fiscal year 2024. Staff located three (3) AWD Dodge Durango pursuit rated SUVs and one (1) Dodge Charger pursuit rated sedan at Bob Howard Chrysler Jeep Dodge of Oklahoma City, Oklahoma. Per Owasso ordinance, a competitive bidding process is not required for the purchase of equipment when purchased for an amount not exceeding a price set by a state purchasing agency. This purchasing rule is also applicable if a dealership can match the price of the approved state contract, even if the dealership was not awarded the state's bid. Bob Howard Dodge has agreed to match the State of Oklahoma's approved contract (SW035) pricing for the available vehicles at the purchase price of $42,734.00 per unit for the 2023 AWD Durangos and $36,198.00 for the 2023 Dodge Charger. FUNDING: City Council approved Resolution 2017 -05, which added the purchase of public safety vehicles as eligible expenditures from the Capital Improvements Fund. The purchase of police vehicles is included and funding is available in the Capital Improvements Fund. RECOMMENDATION: Staff recommends approval to purchase three (3) 2023 Dodge Durango police vehicles and one (1) 2023 Dodge Charger police vehicle from Bob Howard Chrysler Jeep Dodge of Oklahoma City, Oklahoma, in the amount of $164,400.00 and authorization for payment. ATTACHMENT: Sales Quotes from Bob Howard August 22, 2023 Officer Johntay Malone Owasso Police Department 111 N. Main Street Owasso, OK 74055 BOB HOWARD CHRYSLER JEEP DODGE RE: 2023 Dodge Durango AWD Pursuit Sport Utility Vehicle Dear Officer Malone: I have attached the specs for a vehicle that I have ordered. Pricing as follows is per the State of Oklahoma Vehicle contract SW035: Item # 1000009398 Police Pursuit Vehicle SUV 2023 Dodge Durango AWD Pursuit Sport Utility Vehicle BASE $42,099.00 Options: LHS Left Hand LED Spot Lamp Included ADL Skid Plate Group 330.00 LSA Security Alarm 170.00 ADL Carpet 13100 EZH 5.71 Hemi V -8 Engine Included XHC Two Additional Keys (total of 4) Included BA) 220 Amp Alternator & 650 Amp Battery Included BR8 4- Wheeld Disc Heavy Duty Brakes Included DFT 8 Speed Automatic 85ORE Transmission Included HBB Front & Rear Air Conditioning and Heating Included LMG Automatic Headlamps Included GEG Deep Tinted Glass (Rear Doors, Quarters Windows and Rear Lift Gate) Included NHA Engine Oil Cooler, Transmission Oil Cooler and Heavy Duty Engine Cooling Included NHJ Exterior Mirrors Electric with Heating Element Included 13250 North Broadway Extension, Oklahoma City, OK 73114 phone: 405.936.8900 • P.O. Box 14508 • Oklahoma City, OK 73113 - vrww.bobhowardauto.com In LES Enhanced Accident Response System, Four Wheel Traction Control Included UAG UConnect 4 with 8.4" Display and Bluetooth with Integrated Voice Control Included GXD Remote Proximity Keyless Entry with Keyless Go Included TP5 P255/60R38 BSW ON /Off Road Tires Included XHE Parksence Rear Park Assist with ParkView Rear Backup Camera Included JPR B Way Power Driver Seat with 4 Way Power Lumbar Adjust Included JPB Power Door Locks with Lockout and Power Windows with Override Included BHD Ready Alert Braking with Rear Load Leveling Suspension Included GFA Rear Window Defroster with Rear Window Wiper Washer Included NHM Speed Control with TlIt/Telescope Steering Wheel Included AHV Special Service Group Included Shift Lever on the Steering Column (Dash Mounted) Included Speed Rated Tires & Wheels Top Speed In the 130 MPH Price for Vehicle $42,734.00 COLOR: PX1 DB BLACK CLEARCOAT INTERIOR: 057X9 Black Cloth Front Bucket Seats with NO Console and Rear Cloth Split Back Folding Seat. Thank you and if there are any questions please contact me. J^ ( Tom Ayers Governmental Fleet Sales Manager 0 %7RI August 22, 2023. BOB HOWARD CHRYSLER JEEP DODGE Officer Johnny Malone Owasso Police Department 111 N. Main Street Owasso, OK 74055 RE: 2023 Dodge Durango AWD Pursuit Sport Utility Vehicle Dear Officer Malone: I have attached the specs for a vehicle that I have ordered. Pricing as follows is per the State of Oklahoma Vehicle contract SW035: Item N 1000009398 Police Pursuit Vehicle SUV 2023 Dodge Durango AWD Pursuit Sport Utility Vehicle BASE $42,099.00 Options: LHS Left Hand LED Spot Lamp Included AOL Skid Plate Group 330.00 LSA Security Alarm 170.00 A7X Vinyl Rear Seat 135.00 EZH 5.71- Heml V -8 Engine Included XHC Two Additional Keys (total of 4) Included BAI 220 Amp Alternator & 650 Amp Battery Included 8R8 4- Wheeld Disc Heavy Duty Brakes Included DFT 8 Speed Automatic 85ORE Transmission Included HBB Front& Rear Air Conditioning and Heating Included -MG Automatic Headlamps Included GEG Deep Tinted Glass (Rear Doors, Quarters Windows and Rear Lift Gate) Included NHA Engine Oil Cooler, Transmission Oil Cooler and Heavy Duty Engine Cooling Included NHJ Exterior Mirrors Electric with Heating Element Included 13250 North Broadway Extension, Oklahoma City, OK 73114 phone: 405.936.8900 • P.O. Box 14508 • Oklahoma City, OK 73113 • www.bobhowardauto,com LES Enhanced Accident Response System, Four Wheel Traction Control Included UAG UConnect 4 with 8.4" Display and Bluetooth with Integrated Voice Control Included GXD Remote Proximity Keyless Entry with Keyless Go Included TP5 P255/601138 BSW ON /Off Road Tires Included XHE Parksence Rear Park Assist with ParkView Rear Backup Camera Included 1PR B Way Power Driver Seat with 4 Way Power Lumbar Adjust Included JPB Power Door Locks with Lockout and Power Windows with Override Included BHD Ready Alert Braking with Rear Load Leveling Suspension Included GFA Rear Window Defroster with Rear Window Wiper Washer Included NHM Speed Control with Tilt/Telescope Steering Wheel Included AHV Special Service Group Included Shift Lever on the Steering Column (Dash Mounted) Included Speed Rated Tires & Wheels Top Speed in the 130 MPH Price for Vehicle $42,734.00 COLOR: PXJ DB BLACK CLEARCOAT INTERIOR: C57X9 Black Cloth Front Bucket Seats with NO Console and Rear Vinyl Split Back Folding Seat. Thank you and if there are any questions please contact me. Tom Ayers Governmental Fleet Sales Manager I July 5, 2023 OfficerJohntay Malone Owasso Police Department 111 N. Main Street Owasso, OK 74055 @0 BOB HOWARD CHRYSLER JEEP DODGE RE: 2023 Dodge Durango AWD Pursuit Sport Utility Vehicle Dear Officer Malone: I have attached the specs for a vehicle that I have ordered. Pricing as follows is per the State of Oklahoma Vehicle contract SW035: Item p 1000009398 Police Pursuit Vehicle SUV 2023 Dodge Durango AWD Pursuit Sport Utility Vehicle BASE Options: LHS ADL LSA A7X EZH XHC BAJ ERB D FT HBB LMG GEG NHA NHJ Left Hand LED Spot Lamp Skid Plate Group Security Alarm Vinyl Rear Seat 5.71- Hemi V -8 Engine Two Additional Keys (total of 4) 220 Amp Alternator & 650 Amp Battery 4- Wheeld Disc Heavy Duty Brakes 8 Speed Automatic 85ORE Transmission Front & Rear Air Conditioning and Heating Automatic Headlamps Deep Tinted Glass (Rear Doors, Quarters Windows and Rear Lift Gate) Engine Oil Cooler, Transmission oil Cooler and Heavy Duty Engine Cooling Exterior Mirrors Electric with Heating Element $42,099.00 Included 330.00 170.00 135.00 Included Included Included Included Included Included Included Included Included Included 13250 North Broadway Extension, Oklahoma City, OK 73114 phone: 405.936.8900 • P.O. Box 14508 • Oklahoma City, OK 73113 • www.bobhowardauto.com LES Enhanced Accident Response System, Four Wheel Traction Control Included UAG UConnect 4 with 8.4" Display and Bluetooth with Integrated Voice Control Included GXD Remote Proximity Keyless Entry with Keyless Go Included TP5 P255/601118 BSW ON /Off Road Tires Included XHE Parksence Rear Park Assist with ParkView Rear Backup Camera Included 1PR 8 Way Power Driver Seat with 4 Way Power Lumbar Adjust Included JPB Power Door Locks with Lockout and Power Windows with Override Included BHD Ready Alert Braking with Rear Load Leveling Suspension Included GFA Rear Window Defroster with Rear Window Wiper Washer Included NHM Speed Control with TiJt/Telescope Steering Wheel Included AHV Special Service Group Included Shift Lever an the Steering Column (Dash Mounted) Included Speed Rated Tires & Wheels Top Speed in the 130 MPH Price for Vehicle $42,734.00 COLOR: PXJ OB BLACK CLEARCOAT INTERIOR: C57X9 Black Cloth Front Bucket Seats with NO Console and Rear Vinyl Split Back Folding Seat. Thank you and If there are any questions please contact me. z � V Tom Ayers Governmental Fleet Sales Manager 9ED June 30, 2023 BOB HOWARD CHRYSLER JEEP DODGE Officer John Malone Owasso Police Department 111 N. Main Street Owasso, OK 74055 RE: 2023 Dodge Charger RWD Police Pursuit Sedan Dear Mr. Malone: Attached please fine the pricing for the 2023 Dodge Charger RWD Police Pursuit Sedan. Pricing is per the State of Oklahoma Vehicle Contract SW035: Item # 1000009350 Police Pursuit Vehicle— Automobile BASE $35,733.00 OPTIONS: EZH 53L Hemi V -8 Gas Engine Included LSA Security Alarm 165.00 GXQ Additional Keys (6) 165.00 X5X9 Vinyl Rear Bench Seat 135.00 GUK Power Heated Outside Mirrors Included LNX L.H LED Spot Lamp Included JPS Power Driver Seat Included UAG 7.0" UConnect Radio with Bluetooth Included XAC Back Up Camera Included LMG Automatic Headlamps Included NHA H.D. Engine Oil Cooler; H.D. Engine Cooling: H.D. Transmission oil Cooler Included NZ5 High Speed Engine Controller Included GX4 Keyless GO Included JPS 6 Way Power Driver Seat Included 13250 North Broadway Extension, Oklahoma City, OK 73114 phone: 405.936.8900 • P.O. Box 14508 • Oklahoma City, OK 73113 • www.bobhowardauto.com BDH Ready Alert Braking Included AXR Secure Park Included NHM Speed Control and Tilt /Telescopic Steering Wheel Included DFK 8 Speed Auto 8HP70 Transmission Included Total for Vehicle $36,198.00 COLOR: PX8 Pitch Black INTEROIR: XSX9 Black Front H.D. Cloth Bucket seats with H.D. Vinyl Rear Bench Thank you and if there are any questions please let me know. Tom Ayers Governmental /Fleet Sales Manager sd �.�ol w�C..�..,..E.. TO: The Honorable Mayor and City Council FROM: Juliann M. Stevens, City Clerk SUBJECT: Budget Amendment, Hydraulic elevator and car upgrade - City Hall DATE: August 31, 2023 PROPOSED ACTION: Staff is seeking City Council consideration and action related to a budget amendment in the General Fund in order to carryover the Fiscal Year 2022 -2023 funds intended for the City Hall elevator and car upgrade. BACKGROUND: On May 16, 2023, the City Council awarded a contract for the City Hall elevator and car upgrade to Schindler Elevator Corporation, of Tulsa, Oklahoma, in the amount of $178,750.00. Due to logistics, availability of parts and supplies, as well as additional contractual language discussions between the City and Schindler, the project did not start in Fiscal Year 2022 -2023, as anticipated. FUNDING: Funding in the amount of $187,938.00 was included in the FY 2022 -2023 General Fund Building Maintenance Budget. Staff is seeking to carryover the necessary funds into the FY 2023 -2024 General Fund Building Maintenance Budget in anticipation of project commencement. RECOMMENDATION: Staff recommends approval of a budget amendment in the FY 2023 -2024 General Fund, increasing the appropriation for expenditures by $178,750.00 in the Building Maintenance Department by utilizing carryover FY 2022 -2023 Building Maintenance funds. TO: The Honorable Mayor and City Council FROM: David Hurst, Fire Chief SUBJECT: Budget Amendment, Renovations - Fire Station # 1 and # 2 DATE: August 31, 2023 PROPOSED ACTION: Staff is seeking City Council consideration and action related to budget amendments in various Funds in order to carryover the Fiscal Year (FY) 2022 -2023 funds for the Fire Station renovation projects. BACKGROUND: On July 18, 2023, through a pre - construction services contract, Limestone Construction sent out a request for proposal (RFP) to various vendors and advertised in accordance City of Owasso Ordinances and the Public Competitive Bidding Act of 1974 (PCBA), Oklahoma Statutes, Title 61- 101, et. Seq. Bids for the separate components of work were publicly opened and read aloud at 1:00 pm on August 8, 2023, at Owasso City Hall. Due to increased construction costs, materials, inflation, and other economic factors, these bids, along with an anticipated construction management at risk service contract, with a guaranteed maximum price will exceed the budgeted Capital Improvement funding. FUNDING: In addition to the Capital Improvement Fund, the Finance Department staff identified potential FY 2022 -2023 carryover funding from Emergency Preparedness Fund, Ambulance Capital Fund, Half Penny Fire Service Fund and fund balance reserves. RECOMMENDATION: Staff recommends approval of a budget amendment in the FY 2023 -2024 Emergency Siren Fund, increasing the appropriation for expenditures by $144,475.00 in the Emergency Preparedness Department by utilizing carryover FY 2022 -2023 funds; approval of a budget amendment in the FY 2023 -2024 Ambulance Capital Fund, increasing the appropriation for expenditures by $165,531.00 in the Ambulance Department by utilizing carryover FY 2022 -2023 funds; and approval of a budget amendment in the FY 2023 -2024 Half Penny Fire Service Fund, increasing the appropriation for expenditures by $1,973,923.00 in the Fire Services Department by utilizing carryover FY 2022 -2023 funds and fund balance reserves. sd FOAL PllP -RE CNnano- 0.G,[munu.lry TO: The Honorable Mayor and City Council FROM: David Hurst, Fire Chief SUBJECT: Construction Management and Bid Awards for the Fire Station # 1 and Fire Station # 2 Renovations DATE: August 31, 2023 BACKGROUND: To ensure the continuation of reliable fire and emergency medical services (EMS), Fire Department staff developed strategic plans to guide efforts for sustainability and future growth. The goal is to provide comprehensive protection for the Fire and EMS coverage areas. After reviewing these plans, staff determined that the current identified needs are the renovation of Fire Station # 1 and Fire Station #2. Fire Station #1, located on Garnett Road, was opened 28 years ago in 1995. Fire Station #2, located on 76th Street North, was originally City Hall, built in the mid 1970's, and reopened as a fire station 18 years ago in 2005. Since the opening of both stations, there has been renovation work conducted by both Fire Department staff and outside contract work; but, a more in -depth renovation is needed to maintain and improve the use of the facilities for the future. Staff estimates these renovations will extend the life of the facilities for another 15 to 20 years. On October 26, 2021, staff presented the Fire Station # 1 and Fire Station #2 renovation projects to the Capital Improvements Committee, who recommended each project as eligible to receive capital improvement funding. On December 3, 2021, the City Council approved Resolution 2021 -16, amending the list of projects eligible for the Capital Improvements Fund to include Fire Station #1 and Fire Station #2 renovations. On August 16, 2022, City Council approved an Agreement for Architectural and Engineering Services with K +D Architects for the Fire Station # 1 and Fire Station # 2 renovation projects. PRE - CONSTRUCTION SERVICES: On August 24, 2022, staff posted a request for qualifications (RFQ) for pre - construction services for Fire Station # 1 and Fire Station # 2 renovations with a submittal deadline of September 7, 2022, on the City's website and advertised in the local newspaper, along with directly contacting Various firms. On September 7, 2022, eight (8) submittals for pre - construction services for Fire Station # 1 and Fire Station # 2 renovations were received. Over the following two weeks, staff conducted a thorough evaluation of the eight (8) submitted RFQ's. Submittals were scored based on adherence to RFQ instructions, company information, project understanding and performance. The scores for each firm were tallied, resulting in a final ranking of all eight (8) firms. Staff then conducted interviews FS i & 2 Remodel Page 2 with the three (3) highest scoring firms, with Limestone Construction of Owasso, Oklahoma, receiving the highest score. Staff determined that Limestone Construction's project approach and project understanding, as well as their past performance history with the City and knowledge of local conditions, would assure a finished product that meets all of the City's needs. On November 3, 2022, the City of Owasso entered into an agreement with Limestone Construction in an amount of $7,000.00 for pre- construction services to include: participation in design, cost estimating, construct ability reviews and construction planning. The agreement also included administration of the competitive bidding process in accordance with City of Owasso Ordinances and the Public Competitive Bidding Act of 1974 (PCBA), Oklahoma Statutes, Title 61 -101, et. Seq. Limestone Construction tabulated all such bids and forwarded a recommendation for award to City staff. BIDS: In April 2023, K +D Architects in collaboration with City staff and Limestone Construction, completed the schematic design and construction documentation. On May 31, 2023, Limestone Construction sent out a request for proposal (RFP) to various vendors and advertised in accordance with City of Owasso Ordinances and the PCBA. Bids for the separate components of work were publicly opened and read aloud at 1:00 pm on June 30, 2023, at Owasso City Hall. On July 5, 2023, Limestone Construction completed bid compliance and bid tabulations. Unfortunately, only one bidder, Allset Flooring, conformed to the bidding specifications. The other bids received failed to conform to the bidding specifications for various reasons. With non- conforming bids, City staff and Limestone Construction conducted a second bidding opportunity for this project. On July 18, 2023, Limestone Construction sent out a request for proposal (RFP) to various vendors and advertised in accordance with City of Owasso Ordinances and the PCBA. Bids for the separate components of work were publicly opened and read aloud at 1:00 pm on August 8, 2023, at Owasso City Hall. On August 10, 2023, Limestone Construction completed bid compliance and bid tabulations. There are thirteen separate bid items for consideration for Fire Station # 1 and Fire Station # 2 each. Each of these bids conformed to the bid specifications and were the lowest responsible bid. There are nine categories of work for Fire Station # 1 and Fire Station # 2, that did not receive bids, but are within the City Manager's spending authority. Fire Station # 2 has one category (concrete) that will require quotes for material. There is one additional no -bid for door, frames and hardware, that will need to re -bid in accordance with the PCBA due to the dollar amount. The below chart, shows the bid categories, amounts, estimates and vendors: Fire Station # 1 Demolition $50,140.00 Ark Wrecking Co. Millwork $187,656.00 Wood Systems Inc. Siding $57,200.00 Lewis Roofing Framing /Drywall /Finish $78,730.00 Wiljo Interiors FS I & 2 Remodel Page 3 Painting/Wall Covering $40,125.00 River Paint Construction LLC. Flooring $100,259.00 Allset Flooring Plumbing $91,124.00 C2 Plumbing of Oklahoma HVAC $294,212.00 Vision Air Services Electrical / Fire Alarm $194,000.00 Lighthouse Electric Signage $21,722.00 Quick and Easy Graphics Metals $5,400.00 Red Oak Steel Windows $21,000.00 1 Coulter Company Window Coverings $2,900.00 Contract Drapery & Blind Inc "No , -61d „' „Within the city S� Concrete $3,900.00 Allowance Masonry $15,500.00 Allowance Bollards Labor $7,200.00 Allowance Overhead Doors $8,588.00 Allowance Bathroom Accessories $4,800.00 Allowance Epoxy Floor Groove $2,500.00 Allowance Door & Wall Protection $10,074.00 1 Allowance Temp Covering at Openings $4,500.00 Allowance Saw Cut Back Pour $12,000.00 Allowance ,N6 Bid, Ist'llma Allowance Doors, Frames and Hardware $107,411.00 Allowance Fire Station # 2 ,I, MOO t Demolition $71,550.00 Ark Wrecking Co Metals $44,495.00 Red Oak Steel Millwork $168,718.00 Wood Systems Inc, Roofing $8,240.00 Lewis Roofing Windows $89,000.00 Coulter Company Window Coverings $5,372.00 Contract Drapery & Blind Inc Framing/Drywall/Finish $119,820.00 Wiljo Interiors Painting/Wall Covering $72,320.00 River Paint Construction LLC. Flooring $113,836.00 Allset Flooring Plumbing $174,029.00 C2 Plumbing of Oklahoma HVAC $307,381.00 Vision Air Services Electrical Fire Alarm $303,500.00 Lighthouse Electric Signage $20,255.00 Quick and Easy Graphics Masonry $4,800.00 Allowance Stucco Repair $4,500.00 Allowance Overhead Doors $10,781.00 Allowance Saw Cut/Back Pour/Caulking $8,200.00 Allowance Bathroom Accessories $4,685.00 Allowance Epoxy Floor Groove $2,500.00 Allowance Landscape $3,000.00 Allowance FS 1 & 2 Remodel Page 4 Fencing I $2,500.00 Allowane Door & Wall Protection $8, c 744.00 Allowance Concrete 1 $47,500.00 1 1 I Doors Frames and Hardware 1 $113,340.00 1 1 FURNITURE FIXTURES & EQUIPMENT: To reduce overall cost, City staff has separated Furniture, Fixtures and Equipment (FF &E) from the overall project to avoid contractor mark -up pricing. City staff will bid or request quotes as specified in accordance with City of Owasso Ordinances and the PCBA. The FF &E items will be brought before City Council depending on cost at a later time. Fire Station # 1 Cate `Estimate, Bitl %Quote , Gym Equipment $50,501.21 Bid Furniture $68,608.67 Bid Lockers $52,176.00 Bid Security Cameras $19,803.11 Quote Estimate Total $191,088.99 Quote Fire Station # 2 CONSTRUCTION MANAGEMENT AT RISK: Staff is also recommending amending the agreement with Limestone Construction to include construction management at risk services. The Construction Management at Risk (CMAR) is a delivery method which entails a commitment by the Construction Manager (CM) to deliver the project within a guaranteed maximum price (GMP) which is based on the construction documents and specifications at the time of the GMP, plus any reasonably inferred items or tasks. The CMAR provides professional services and acts as a consultant to the owner in the design development and construction phases. The CMAR must manage and control construction costs to not exceed the GMP because contractually any costs exceeding the GMP that are not change orders are the financial liability of the CMAR. This agreement with Limestone Construction will establish a 'hot to exceed " dollar amount for the entirety of the project. Only a change or addition to the scope of work at the direction of the City of Owasso would result in additional expenditures above the final contract amount. The proposed contract includes a 10% contingency amount, which is intended for use only if unknown conditions arise that would change the scope of work. This contingency may only be utilized by authorization from the City of Owasso after any and all alternatives are considered between the owner, Gym Equipment $47,721.96 Quote Furniture $47,151.15 Quote Lockers $39,132.00 Quote Security Cameras $36,006.02 Quote EOC Furniture $48,712.39 Quote Estimate Total $218,723.52 CONSTRUCTION MANAGEMENT AT RISK: Staff is also recommending amending the agreement with Limestone Construction to include construction management at risk services. The Construction Management at Risk (CMAR) is a delivery method which entails a commitment by the Construction Manager (CM) to deliver the project within a guaranteed maximum price (GMP) which is based on the construction documents and specifications at the time of the GMP, plus any reasonably inferred items or tasks. The CMAR provides professional services and acts as a consultant to the owner in the design development and construction phases. The CMAR must manage and control construction costs to not exceed the GMP because contractually any costs exceeding the GMP that are not change orders are the financial liability of the CMAR. This agreement with Limestone Construction will establish a 'hot to exceed " dollar amount for the entirety of the project. Only a change or addition to the scope of work at the direction of the City of Owasso would result in additional expenditures above the final contract amount. The proposed contract includes a 10% contingency amount, which is intended for use only if unknown conditions arise that would change the scope of work. This contingency may only be utilized by authorization from the City of Owasso after any and all alternatives are considered between the owner, FS t & 2 Remodel Page 5 architect, and construction management firm. Any change order or subsequent bid award and additional work outside of the original scope of work shall be authorized by the City Council or City Manager per City and State requirements. FUNDING: Funding is available in the Capital Improvements Fund and the Fire Service, Ambulance Service, and Emergency Preparedness Budgets. RECOMMENDATION # 1: Staff recommends awarding the bids for the Fire Station # 1 and Fire Station # 2 Renovation Projects as listed above. RECOMMENDATION # 2: Staff recommends amending the agreement with Limestone Construction, LLC of Owasso, Oklahoma, to include construction management at risk services, with a guaranteed maximum price of $4,417,250.00 for the Fire Station # 1 and Fire Station # 2 Renovation Projects, and authorization to execute all necessary documents. ATTACHMENTS: Proposed CMAR Agreement .AIA Document A1020- 2017 Standard Form of Agreement Between Owner and Contractor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price AGREEMENT made as of the Sixth day of Sentember in the year Two Thousand Twenty- three (In words, indicate day, month and year.) BETWEEN the Owner: Name, legal status, address and other information) This document has important legal consequences. City Of Owasso Consultation with an attorney 200 East Main Street is encouraged with respect to Owasso, OK 74055 its completion or modification. Telephone Number: 918 - 272 -5253 Fax Number: 918- 272 -4998 The parties should complete All 02- -2017, Exhibit A, and the Contractor: Insurance and Bonds, (Name, legal status, address and other information) contemporaneously with this Agreement. AIA Document Limestone Construction, LLC. A201 TM -20 17, General 200 East 5th Avenue Conditions of the Contract for Construction, is adopted in this Owasso, OK 74055 document by re reference. not Telephone Number: 918 -510 -2023 n use with other general conditions unless this document is modified. for the following Project: (Name, location and detailed description) Fire Station #1 & #2 Renovation Owasso, OK Demo interior fire stations and renovate The Architect: (Name, legal status, address and other information) K &D Architects 201 South Main Street. Suite 203 Owasso, OK 74055 Telephone Number: 918- 376 -3113 The Owner and Contractor agree as follows. [nit. AIA Document A102— 2017. Copynght 01920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects," 'American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute t of Architects. This document was produced at 13:21:34 ET on 08129/2023 under Order No.4104236144 which expires on 09106/2023, is not for resale, is licensed for one -time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo @aiawntracts.com. User Notes: (389ADA3B) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 RELATIONSHIP OF THE PARTIES 4 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 5 CONTRACTSUM 6 CHANGES IN THE WORK 7 COSTS TO BE REIMBURSED 8 COSTS NOT TO BE REIMBURSED 9 DISCOUNTS, REBATES AND REFUNDS 10 SUBCONTRACTS AND OTHER AGREEMENTS 11 ACCOUNTING RECORDS 12 PAYMENTS 13 DISPUTE RESOLUTION 14 TERMINATION OR SUSPENSION 15 MISCELLANEOUS PROVISIONS 16 ENUMERATION OF CONTRACT DOCUMENTS EXHIBIT A INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary, and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. If anything in the other Contract Documents, other than a Modification, is inconsistent with this Agreement, this Agreement shall govern. An enumeration of the Contract Documents, other than a Modification, appears in Article 16. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 RELATIONSHIP OF THE PARTIES The Contractor accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Contractor's skill and judgment in furthering the interests of the Owner; to furnish efficient business administration and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in an expeditious and economical manner consistent with the Owner's interests. The Owner agrees to furnish and approve, in a timely manner, information required by the Contractor and to make payments to the Contractor in accordance with the requirements of the Contract Documents. Init. AIA Document A102 —2017. Copynght ® 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved, 'The American Institute of Architects' "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute f of Architects. This document was produced at 13:21:34 ET on 08/2912023 under Order No.4104236144 which expires on 09/0612023, is not for resale, is licensed for one -time use only, and may only he used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo @aiawntracts.mm. User Notes: (3B9ADA33) ARTICLE 4 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 4.1 The date of commencement of the Work shall be: (Check one of the following boxes.) [ ] The date of this Agreement. [ ] A date set forth in a notice to proceed issued by the Owner. [ X ] Established as follows: (Insert a date or a means to determine the date of commencement of the Work.) September 6th, 2023 with the stipulation project is approved by city council If a date of commencement of the Work is not selected, then the date of commencement shall be the date of this Agreement. § 4.2 The Contract Time shall be measured from the date of commencement of the Work. § 4.3 Substantial Completion § 4.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion of the entire Work: (Check one of the following boxes and complete the necessary information.) [ X ] Not later than Two Hundred ( 200 ) calendar days from the date of commencement of the Work. [ ] By the following date: § 4.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Contractor shall achieve Substantial Completion of such portions by the following dates: Portion of Work Substantial Completion Date § 4.3.3 If the Contractor fails to achieve Substantial Completion as provided in this Section 4.3, liquidated damages, if any, shall be assessed as set forth in Section 5.1.6. ARTICLE 5 CONTRACT SUM § 5.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum is the Cost of the Work as defined in Article 7 plus the Contractor's Fee. § 5.1.1 The Contractor's Fee: (State a lump sum, percentage of Cost ofthe Work or other provision for determining the Contractor's Fee) $401.568.00 Four Hundred One Thousand Five Hundred Sixty -Eight Dollars and Zero Cents § 5.1.2 The method of adjustment of the Contractor's Fee for changes in the Work: Change order approved by Owners Designated Representative § 5.1.3 Limitations, if any, on a Subcontractor's overhead and profit for increases in the cost of its portion of the Work: 10% Profit & 10% Overhead Init. AIA Document A102— 2017. Copyright ® 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects; "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute t of Architects. This document was produced at 13:21:34 ET on 08/29/2023 under Order No.4104236144 which expires on 09106/2023, is not for resale, is licensed for one -time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo @aiacontracts.com. User Notes: (3HADAM) § 5.1.4 Rental rates for Contractor -owned equipment shall not exceed Twenty percent ( 20_00 %) of the standard rental rate paid at the place of the Project. § 5.1.5 Unit prices, if any: (Identify the item and state the unit price and quantity limitations, if any, to which the unit price will he applicable) Item Units and Limitations Price Per Unit ($0.00) § 5.1.6 Liquidated damages, if any: (Insert terms and conditionsfor liquidated damages, ifany.) $500 per day § 5.1.7 Other: (Insert provisions for bonus, cost savings or other incentives, ifany, that might result in a change to the Contract Sum) § 5.2 Guaranteed Maximum Price § 5.2.1 The Contract Sum is guaranteed by the Contractor not to exceed Four Million Four Hundred Seventeen Thousand Two Hundred Fifty Dollars and Zero Cents ($ $4,417,250 ), subject to additions and deductions by Change Order as provided in the Contract Documents. This maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner. § 5.2.2 Alternates § 5.2.2.1 Alternates, if any, included in the Guaranteed Maximum Price: Item Price § 5.2.2.2 Subject to the conditions noted below, the following alternates may be accepted by the Owner following execution of this Agreement. Upon acceptance, the Owner shall issue a Modification to this Agreement. (Insert below each alternate and the conditions that must be met for the Owner to accept the alternate) Item Price Conditions for Acceptance § 5.2.3 Allowances, if any, included in the Guaranteed Maximum Price: (Identify each allowance) Item Price § 5.2.4 Assumptions, if any, upon which the Guaranteed Maximum Price is based: (Identify each assumption.) § 5.2.5 To the extent that the Contract Documents are anticipated to require further development, the Guaranteed Maximum Price includes the costs attributable to such further development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order. [nit. AIA Document A102 —2017. Copyright O 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. `The American Institute of Architects," "American Institute of Architects; "AIA,' the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute 4 t of Architects. This document was produced at 13:21:34 ET on 08/2912023 under Order No.4104236144 which expires on 09106/2023, is not for resale, is licensed for one -time use only, and may only be used in accordance with the AIA Contract Documents* Terms of Service. To report copyright violations, e-mail doanfo @aiacontracts.com. User Notes: (3B9ADA38) § 5.2.6 The Owner shall authorize preparation of revisions to the Contract Documents that incorporate the agreed - upon assumptions contained in Section 5.2.4. The Owner shall promptly furnish such revised Contract Documents to the Contractor. The Contractor shall notify the Owner and Architect of any inconsistencies between the agreed -upon assumptions contained in Section 5.2.4 and the revised Contract Documents. ARTICLE 6 CHANGES IN THE WORK § 6.1 Adjustments to the Guaranteed Maximum Price on account of changes in the Work may be determined by any of the methods listed in Article 7 of AIA Document A201TM -2017, General Conditions of the Contract for Construction. § 6.2 Adjustments to subcontracts awarded on the basis of a stipulated sum shall be determined in accordance with Article 7 of A201 -2017, as they refer to "cost" and "fee," and not by Articles 5, 7 and 8 of this Agreement. Adjustments to subcontracts awarded with the Owner's prior written consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts. § 6.3 In calculating adjustments to the Guaranteed Maximum Price, the terms "cost" and "costs" as used in Article 7 of AIA Document A201 -2017 shall mean the Cost of the Work as defined in Article 7 of this Agreement and the term "fee" shall mean the Contractor's Fee as defined in Section 5. 1.1 of this Agreement. § 6.4 If no specific provision is made in Article 5 for adjustment of the Contractor's Fee in the case of changes in the Work, or if the extent of such changes is such, in the aggregate, that application of the adjustment provisions of Article 5 will cause substantial inequity to the Owner or Contractor, the Contractor's Fee shall be equitably adjusted on the same basis that was used to establish the Fee for the original Work, and the Guaranteed Maximum Price shall be adjusted accordingly. ARTICLE 7 COSTS TO BE REIMBURSED § 7.1 Cost of the Work § 7.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Contractor in the proper performance of the Work. The Cost of the Work shall include only the items set forth in this Article 7. § 7.1.2 Where, pursuant to the Contract Documents, any cost is subject to the Owner's prior approval, the Contractor shall obtain such approval in writing prior to incurring the cost. § 7.1.3 Costs shall be at rates not higher than the standard paid at the place of the Project, except with prior approval of the Owner. § 7.2 Labor Costs § 7.2.1 Wages or salaries of construction workers directly employed by the Contractor to perform the construction of the Work at the site or, with the Owner's prior approval, at off -site workshops. § 7.2.2 Wages or salaries of the Contractor's supervisory and administrative personnel when stationed at the site and performing Work, with the Owner's prior approval. § 7.2.2.1 Wages or salaries of the Contractor's supervisory and administrative personnel when performing Work and stationed at a location other than the site, but only for that portion of time required for the Work, and limited to the personnel and activities listed below: (Identify the personnel, type ofactivfty and, if applicable, any agreed upon percentage of time to be devoted to the Work.) N/A § 7.2.3 Wages or salaries of the Contractor's supervisory or administrative personnel engaged at factories, workshops or while traveling, in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work. § 7.2.4 Costs paid or incurred by the Contractor, as required by law or collective bargaining agreements, for taxes, insurance, contributions, assessments, and benefits and, for personnel not covered by collective bargaining [nit. AIA Document A102-2017. Copyright ®1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects; "American Institute of Architects,' "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute / of Architects. This document was produced at 13:21:34 ET on 08/2912023 under Order No.4104236144 which expires on 09/06/2023, is not for resale, is licensed for one -time use only, and may only be used in accordance with the AIA Contract Documents ®Terms of service. To report copyright violations, e-mail docinfo @aiacontracts.com. User Notes: (389ADA3B) agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such costs are based on wages and salaries included in the Cost of the Work under Sections 7.2.1 through 7.2.3. § 7.2.5 If agreed rates for labor costs, in lieu of actual costs, are provided in this Agreement, the rates shall remain unchanged throughout the duration of this Agreement, unless the parties execute a Modification. § 7.3 Subcontract Costs Payments made by the Contractor to Subcontractors in accordance with the requirements of the subcontracts and this Agreement. § 7.4 Costs of Materials and Equipment Incorporated in the Completed Construction § 7.4.1 Costs, including transportation and storage at the site, of materials and equipment incorporated, or to be incorporated, in the completed construction. § 7.4.2 Costs of materials described in the preceding Section 7.4.1 in excess of those actually installed to allow for reasonable waste and spoilage. Unused excess materials, if any, shall become the Owner's property at the completion of the Work or, at the Owner's option, shall be sold by the Contractor. Any amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of the Work. § 7.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items § 7.5.1 Costs of transportation, storage, installation, dismantling, maintenance, and removal of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Contractor at the site and fully consumed in the performance of the Work. Costs of materials, supplies, temporary facilities, machinery, equipment, and tools, that are not fully consumed, shall be based on the cost or value of the item at the time it is first used on the Project site less the value of the item when it is no longer used at the Project site. Costs for items not fully consumed by the Contractor shall mean fair market value. § 7.5.2 Rental charges for temporary facilities, machinery, equipment, and hand tools not customarily owned by construction workers that are provided by the Contractor at the site, and the costs of transportation, installation, dismantling, minor repairs, and removal of such temporary facilities, machinery, equipment, and hand tools. Rates and quantities of equipment owned by the Contractor, or a related party as defined in Section 7.8, shall be subject to the Owner's prior approval. The total rental cost of any such equipment may not exceed the purchase price of any comparable item. § 7.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal § 7.5.4 Costs of the Contractor's site office, including general office equipment and supplies § 7.5.5 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, subject to the Owner's prior approval. § 7.6 Miscellaneous Costs § 7.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. § 7.6.1.1 Costs for self - insurance, for either full or partial amounts of the coverages required by the Contract Documents, with the Owner's prior approval. § 7.6.1.2 Costs for insurance through a captive insurer owned or controlled by the Contractor, with the Owner's prior approval. § 7.6.2 Sales, use, or similar taxes, imposed by a governmental authority, that are related to the Work and for which the Contractor is liable. § 7.6.3 Fees and assessments for the building permit, and for other permits, licenses, and inspections, for which the Contractor is required by the Contract Documents to pay. Init. AIA Document A102 -2017. Copyright ® 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA; the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute / of Architects. This document was produced at 13:21:34 ET on 08/29/2023 under Order No.4104236144 which expires on 09106/2023, is not for resale, is licensed for one -time use only, and may only be used in accordance with the AIA Contract Documents ®Terms of Service. To raper( copyright violations, e-mail docdnfo @aiacontracts.com. User Notes: (3B9ADA3B) § 7.6.4 Fees of laboratories for tests required by the Contract Documents; except those related to defective or nonconforming Work for which reimbursement is excluded under Article 13 of AIA Document A201 -2017 or by other provisions of the Contract Documents, and which do not fall within the scope of Section 7.7.3. § 7.6.5 Royalties and license fees paid for the use of a particular design, process, or product, required by the Contract Documents. § 7.6.5.1 The cost of defending suits or claims for infringement of patent rights arising from requirements of the Contract Documents, payments made in accordance with legal judgments against the Contractor resulting from such suits or claims, and payments of settlements made with the Owner's consent, unless the Contractor had reason to believe that the required design, process or product was an infringement of a copyright or a patent, and the Contractor failed to promptly furnish such information to the Architect as required by Article 3 of AIA Document A201 -2017. The costs of legal defenses, judgments, and settlements, shall not be included in the Cost of the Work used to calculate the Contractor's Fee or subject to the Guaranteed Maximum Price. § 7.6.6 Costs for communications services, electronic equipment, and software, directly related to the Work and located at the site, with the Owner's prior approval. § 7.6.7 Costs of document reproductions and delivery charges § 7.6.8 Deposits lost for causes other than the Contractor's negligence or failure to fulfill a specific responsibility in the Contract Documents. § 7.6.9 Legal, mediation and arbitration costs, including attorneys' fees, other than those arising from disputes between the Owner and Contractor, reasonably incurred by the Contractor after the execution of this Agreement in the performance of the Work and with the Owner's prior approval, which shall not be unreasonably withheld. § 7.6.10 Expenses incurred in accordance with the Contractor's standard written personnel policy for relocation and temporary living allowances of the Contractor's personnel required for the Work, with the Owner's prior approval. § 7.6.11 That portion of the reasonable expenses of the Contractor's supervisory or administrative personnel incurred while traveling in discharge of duties connected with the Work. § 7.7 Other Costs and Emergencies § 7.7.1 Other costs incurred in the performance of the Work, with the Owner's prior approval. § 7.7.2 Costs incurred in taking action to prevent threatened damage, injury, or loss, in case of an emergency affecting the safety of persons and property, as provided in Article 10 of AIA Document A201 -2017. § 7.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Contractor, Subcontractors, or suppliers, provided that such damaged or nonconforming Work was not caused by the negligence of, or failure to fulfill a specific responsibility by, the Contractor, and only to the extent that the cost of repair or correction is not recovered by the Contractor from insurance, sureties, Subcontractors, suppliers, or others. § 7.8 Related Party Transactions § 7.8.1 For purposes of this Section 7.8, the term "related party" shall mean (1) a parent, subsidiary, affiliate, or other entity having common ownership of, or sharing common management with, the Contractor; (2) any entity in which any stockholder in, or management employee of, the Contractor holds an equity interest in excess of ten percent in the aggregate; (3) any entity which has the right to control the business or affairs of the Contractor; or (4) any person, or any member of the immediate family of any person, who has the right to control the business or affairs of the Contractor. § 7.8.2 If any of the costs to be reimbursed arise from a transaction between the Contractor and a related party, the Contractor shall notify the Owner of the specific nature of the contemplated transaction, including the identity of the related party and the anticipated cost to be incurred, before any such transaction is consummated or cost incurred. If the Owner, after such notification, authorizes the proposed transaction in writing, then the cost incurred shall be [nit. AIA Document A102-2017. Copyright ®1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects; "American Institute of Architects," "AIA; the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute f of Architects. This document was produced at 13:21:34 ET on 08129/2023 under Order No 4104236144 which expires on 0910612023, is not for resale, is licensed for one -time use only, and may only be used in accordance with the AIA Contract Documents ®Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA3B) included as a cost to be reimbursed, and the Contractor shall procure the Work, equipment, goods, or service, from the related party, as a Subcontractor, according to the terms of Article 10. If the Owner fails to authorize the transaction in writing, the Contractor shall procure the Work, equipment, goods, or service from some person or entity other than a related party according to the terms of Article 10. ARTICLE 8 COSTS NOT TO BE REIMBURSED § 8.1 The Cost of the Work shall not include the items listed below: .1 Salaries and other compensation of the Contractor's personnel stationed at the Contractor's principal office or offices other than the site office, except as specifically provided in Section 7.2, or as may be provided in Article 15; .2 Bonuses, profit sharing, incentive compensation, and any other discretionary payments, paid to anyone hired by the Contractor or paid to any Subcontractor or vendor, unless the Owner has provided prior approval; .3 Expenses of the Contractor's principal office and offices other than the site office; .4 Overhead and general expenses, except as may be expressly included in Article 7; .5 The Contractor's capital expenses, including interest on the Contractor's capital employed for the Work; .6 Except as provided in Section 7.7.3 of this Agreement, costs due to the negligence of or failure to fulfill a specific responsibility of the Contract by, the Contractor, Subcontractors, and suppliers, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable; .7 Any cost not specifically and expressly described in Article 7; and .8 Costs, other than costs included in Change Orders approved by the Owner, that would cause the Guaranteed Maximum Price to be exceeded. ARTICLE 9 DISCOUNTS, REBATES AND REFUNDS § 9.1 Cash discounts obtained on payments made by the Contractor shall accrue to the Owner if (1) before making the payment, the Contractor included the amount to be paid, less such discount, in an Application for Payment and received payment from the Owner, or (2) the Owner has deposited funds with the Contractor with which to make payments; otherwise, cash discounts shall accrue to the Contractor. Trade discounts, rebates, refunds, and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Contractor shall make provisions so that they can be obtained. § 9.2 Amounts that accrue to the Owner in accordance with the provisions of Section 9.1 shall be credited to the Owner as a deduction from the Cost of the Work. ARTICLE 10 SUBCONTRACTS AND OTHER AGREEMENTS § 10.1 Those portions of the Work that the Contractor does not customarily perform with the Contractor's own personnel shall be performed under subcontracts or other appropriate agreements with the Contractor. The Owner may designate specific persons from whom, or entities from which, the Contractor shall obtain bids. The Contractor shall obtain bids from Subcontractors, and from suppliers of materials or equipment fabricated especially for the Work, who are qualified to perform that portion of the Work in accordance with the requirements of the Contract Documents. The Contractor shall deliver such bids to the Architect and Owner with an indication as to which bids the Contractor intends to accept. The Owner then has the right to review the Contractor's list of proposed subcontractors and suppliers in consultation with the Architect and, subject to Section 10.1.1, to object to any subcontractor or supplier. Any advice of the Architect, or approval or objection by the Owner, shall not relieve the Contractor of its responsibility to perform the Work in accordance with the Contract Documents. The Contractor shall not be required to contract with anyone to whom the Contractor has reasonable objection. § 10.1.1 When a specific subcontractor or supplier (1) is recommended to the Owner by the Contractor, (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Contractor may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Contractor and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner. § 10.2 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement, and shall not be awarded on the basis of cost plus a fee without the Owner's prior written approval. If a subcontract is Init. AIA Document A102— 2017. Copyright ®1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects; "American Institute of Architects; "AIA; the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute 1 of Architects. This document was produced at 13:21:34 ET on 0812912023 under Order No.4104236144 which expires on 0910612023, is not for resale, is licensed for one -time use only, and may only be used in accordance with the AIA Contract Documents ®Terms of Service. To report copyright violations, email docinfo @aiacontraas.com. User Notes: (3B9ADA3B) awarded on the basis of cost plus a fee, the Contractor shall provide in the subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Contractor in Article 11 ARTICLE 11 ACCOUNTING RECORDS The Contractor shall keep full and detailed records and accounts related to the Cost of the Work, and exercise such controls, as may be necessary for proper financial management under this Contract and to substantiate all costs incurred. The accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner's auditors shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit and copy, the Contractor's records and accounts, including complete documentation supporting accounting entries, books, job cost reports, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor's proposals, Subcontractor's invoices, purchase orders, vouchers, memoranda, and other data relating to this Contract. The Contractor shall preserve these records for a period of three years after final payment, or for such longer period as may be required by law. ARTICLE 12 PAYMENTS § 12.1 Progress Payments § 12.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor, and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum, to the Contractor, as provided below and elsewhere in the Contract Documents. § 12.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 12.1.3 Provided that an Application for Payment is received by the Architect not later than the 25th day of a month, the Owner shall make payment of the amount certified to the Contractor not later than the30th day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment of the amount certified shall be made by the Owner not later than Thirty ( 30 ) days after the Architect receives the Application for Payment. (Federal, state or local Jaws may require payment within a certain period of time.) § 12.1.4 With each Application for Payment, the Contractor shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that payments already made by the Contractor on account of the Cost of the Work equal or exceed progress payments already received by the Contractor plus payrolls for the period covered by the present Application for Payment, less that portion of the progress payments attributable to the Contractor's Fee. § 12.1.5 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Guaranteed Maximum Price among: (1) the various portions of the Work; (2) any contingency for costs that are included in the Guaranteed Maximum Price but not otherwise allocated to another line item or included in a Change Order; and (3) the Contractor's Fee. § 12.1.5.1 The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. The schedule of values shall be used as a basis for reviewing the Contractor's Applications for Payment. § 12.1.5.2 The allocation of the Guaranteed Maximum Price under this Section 12.1.5 shall not constitute a separate guaranteed maximum price for the Cost of the Work of each individual line item in the schedule of values. § 12.1.5.3 When the Contractor allocates costs from a contingency to another line item in the schedule of values, the Contractor shall submit supporting documentation to the Architect. § 12.1.6 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed; or (2) the percentage obtained by ]nit. AIA Document A102-2017. Copyright ® 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. *The American Institute of Architects," *American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The Amercan Institute t of Architects. This document was produced at 13:21:34 ET on 08/2912023 under Order No.4104236144 which expires on 09/06/2023, is not for resale, is licensed for one -time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA3B) dividing (a) the expense that has actually been incurred by the Contractor on account of that portion of the Work and for which the Contractor has made payment or intends to make payment prior to the next Application for Payment, by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. § 12.1.7 In accordance with AIA Document A201 -2017 and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 12.1.7.1 The amount of each progress payment shall first include: .1 That portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the most recent schedule of values; .2 That portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction or, if approved in writing in advance by the Owner, suitably stored off the site at a location agreed upon in writing; .3 That portion of Construction Change Directives that the Architect determines, in the Architect's professional judgment, to be reasonably justified; and .4 The Contractor's Fee, computed upon the Cost of the Work described in the preceding Sections 12.1.7.1.1 and 12.1.7.1.2 at the rate stated in Section 5.1.1 or, if the Contractor's Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed -sum fee as the Cost of the Work included in Sections 12.1.7.1.1 and 12.1.7.1.2 bears to a reasonable estimate of the probable Cost of the Work upon its completion. § 12.1.7.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201 -2017; .3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay; .4 For Work performed or defects discovered since the last payment application, any amount for which the Architect may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A201 -2017; .5 The shortfall, if any, indicated by the Contractor in the documentation required by Section 12.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's auditors in such documentation; and .6 Retainage withheld pursuant to Section 12.1.8. § 12.1.8 Retainage § 12.1.8.1 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold the following amount, as retainage, from the payment otherwise due: (Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of retainage may be limited by governing law.) 5% § 12.1.8.1.1 The following items are not subject to retainage: (Insert any items not subject to the withholding ofretainage, such as general conditions, insurance, etc.) Mobilization § 12.1.8.2 Reduction or limitation of retainage, if any, shall be as follows: (If the retainage established in Section 12.1.8.1 is to be mod fed prior to Substantial Completion of the entire Work, insert provisions for such modification.) N/A Init. AIA Document A102 -2017. Copyright ® 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA; the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute 10 t of Architects. This document was produced at 13:21:34 ET on 08/29/2023 under Order No.4104236144 which expires on 09/0612023, is not for resale, is licensed for one -time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo @aiawnlracls.wm. User Notes: (3B9ADA3B) § 12.1.8.3 Except as set forth in this Section 12.1.8.3, upon Substantial Completion of the Work, the Contractor may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 12.1.8. The Application for Payment submitted at Substantial Completion shall not include retainage as follows: (Insert any other conditions for release ofretainage, such as upon completion ofthe Owner's audit and reconciliation, upon Substantial Completion.) Certificate of Occupancy and Final Invoice § 12.1.9 If final completion of the Work is materially delayed through no fault of the Contractor, the Owner shall pay the Contractor any additional amounts in accordance with Article 9 of AIA Document A201 -2017. § 12.1,10 Except with the Owner's prior written approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and suitably stored at the site. § 12.1.11 The Owner and the Contractor shall agree upon a mutually acceptable procedure for review and approval of payments to Subcontractors, and the percentage of retainage held on Subcontracts, and the Contractor shall execute subcontracts in accordance with those agreements. § 12.1.12 In taking action on the Contractor's Applications for Payment the Architect shall be entitled to rely on the accuracy and completeness of the information famished by the Contractor, and such action shall not be deemed to be a representation that (1) the Architect has made a detailed examination, audit, or arithmetic verification, of the documentation submitted in accordance with Section 12.1.4 or other supporting data; (2) that the Architect has made exhaustive or continuous on -site inspections; or (3) that the Architect has made examinations to ascertain how or for what purposes the Contractor has used amounts previously paid on account of the Contract. Such examinations, audits, and verifications, if required by the Owner, will be performed by the Owner's auditors acting in the sole interest of the Owner. § 12.2 Final Payment § 12.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract, except for the Contractor's responsibility to correct Work as provided in Article 12 of AIA Document A201 -2017, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work and a final Application for Payment; and .3 a final Certificate for Payment has been issued by the Architect in accordance with Section 12.2.2. § 12.2.2 Within 30 days of the Owner's receipt of the Contractor's final accounting for the Cost of the Work, the Owner shall conduct an audit of the Cost of the Work or notify the Architect that it will not conduct an audit. § 12.2.2.1 If the Owner conducts an audit of the Cost of the Work, the Owner shall, within 10 days after completion of the audit, submit a written report based upon the auditors' findings to the Architect. § 12.2.2.2 Within seven days after receipt of the written report described in Section 12.2.2.1, or receipt of notice that the Owner will not conduct an audit, and provided that the other conditions of Section 12.2.1 have been met, the Architect will either issue to the Owner a final Certificate for Payment with a copy to the Contractor, or notify the Contractor and Owner in writing of the Architect's reasons for withholding a certificate as provided in Article 9 of AIA Document A201 -2017. The time periods stated in this Section 12.2.2 supersede those stated in Article 9 of AIA Document A201 -2017. The Architect is not responsible for verifying the accuracy of the Contractor's final accounting. § 12.2.2.3 If the Owner's auditors' report concludes that the Cost of the Work, as substantiated by the Contractor's final accounting, is less than claimed by the Contractor, the Contractor shall be entitled to request mediation of the disputed amount without seeking an initial decision pursuant to Article 15 of AIA Document A201 -2017. A request for mediation shall be made by the Contractor within 30 days after the Contractor's receipt of a copy of the Architect's final Certificate for Payment. Failure to request mediation within this 30 -day period shall result in the [nit. AIA Document A102 -2017. Copyright® 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1967, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects," "American Institute of Architects; "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute 11 t of Architects. This document was produced at 13:21:34 ET on 08/2912023 under Order No.4104236144 which expires on 0910612023, is not for resale, is licensed for one -time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo @aiacontracts.com. User Notes: (3B9ADA3B) substantiated amount reported by the Owner's auditors becoming binding on the Contractor. Pending a final resolution of the disputed amount, the Owner shall pay the Contractor the amount certified in the Architect's final Certificate for Payment. § 12.2.3 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: § 12.2.4 If, subsequent to final payment, and at the Owner's request, the Contractor incurs costs, described in Article 7 and not excluded by Article 8, to correct defective or nonconforming Work, the Owner shall reimburse the Contractor for such costs, and the Contractor's Fee applicable thereto, on the same basis as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price. If adjustments to the Contract Sum are provided for in Section 5.1.7, the amount of those adjustments shall be recalculated, taking into account any reimbursements made pursuant to this Section 12.2.4 in determining the net amount to be paid by the Owner to the Contractor. § 12.3 Interest Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) 1.00 % monthl ARTICLE 13 DISPUTE RESOLUTION § 13.1 Initial Decision Maker The Architect will serve as Initial Decision Maker pursuant to Article 15 of AIA Document A201 -2017, unless the parties appoint below another individual, not a party to the Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) Jeff Davis 201 South Main Street Suite 203 Owasso, OK 74055 Telephone Number: 918 - 376 -3113 § 13.2 Binding Dispute Resolution For any Claim subject to, but not resolved by mediation pursuant to Article 15 of AIA Document A201 -2017, the method of binding dispute resolution shall be as follows: (Check the appropriate box.) [ X ] Arbitration pursuant to Section 15 of AIA Document A201 -2017 [ ] Litigation in a court of competent jurisdiction [ ] Other (Specify) If the Owner and Contractor do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction. Init AIA Document A102 -2017. Copyright ® 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects; "American Institute of Architects." "AIA,' the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute 12 t of Architects. This document was produced at 13:21:34 ET on 08/29/2023 under Order No.4104236144 which expires on 09106/2023, is not for resale, is licensed for one -time use only, and may only be used in accordance with the AIA Contract Documents ®Terms of service. To report copyright violations, e-mail docinfo @aiaconlracls.com. User Notes: (3B9ADA36) ARTICLE 14 TERMINATION OR SUSPENSION § 14.1 Termination § 14.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201 -2017. § 14.1.2 Termination by the Owner for Cause § 14.1.2,1 If the Owner terminates the Contract for cause as provided in Article 14 of AIA Document A201 -2017, the amount, if any, to be paid to the Contractor under Article 14 of AIA Document A201 -2017 shall not cause the Guaranteed Maximum Price to be exceeded, nor shall it exceed an amount calculated as follows: .1 Take the Cost of the Work incurred by the Contractor to the date of termination; .2 Add the Contractor's Fee, computed upon the Cost of the Work to the date of termination at the rate stated in Section 5.1.1 or, if the Contractor's Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed -sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; .3 Subtract the aggregate of previous payments made by the Owner, and .4 Subtract the costs and damages incurred, or to be incurred, by the Owner under Article 14 of AIA Document A201 -2017. § 14.1.2.2 The Owner shall also pay the Contractor fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Contractor that the Owner elects to retain and that is not otherwise included in the Cost of the Work under Section 14.1.2.1.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Contractor shall, as a condition of receiving the payments referred to in this Article 14, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Contractor, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Contractor under such subcontracts or purchase orders. § 14.1.3 Termination by the Owner for Convenience If the Owner terminates the Contract for convenience in accordance with Article 14 of AIA Document A201 -2017, then the Owner shall pay the Contractor a termination fee as follows: (Insert the amount of or method for determining the fee, ifany, payable to the Contractor following a termination for the Owner's onvenience. Current Accumulated Cost + 10% with S 12,000 additional administration fees § 14.2 Suspension The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201 -2017; in such case, the Guaranteed Maximum Price and Contract Time shall be increased as provided in Article 14 of AIA Document A201 -2017, except that the term "profit" shall be understood to mean the Contractor's Fee as described in Article 5 and Section 6.4 of this Agreement. ARTICLE 15 MISCELLANEOUS PROVISIONS § 15.1 Where reference is made in this Agreement to a provision of AIA Document A201 -2017 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 15.2 The Owner's representative: (Name, address, email address and other information) David Hurst 11933 East 116th Street North Collinsville OK 74021 Telephone Number: 918 - 272 -5253 Fax Number: 918- 272 -4998 Email Address: DHurstn.CityOfOwasso.com Init. AIA Document A102 —2017. Copyright ® 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. *The American Institute of Architects," "American Institute of Architects.' "AIA,' the AIA Logo, and 'AIA Contract Documents" are trademarks of The American Institute 13 t of Architects. This document was produced at 13:21:34 ET on 08/29/2023 under Order No.4104236144 which expires on 09/06/2023, is not for resale, is licensed for one -time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo @aiaconlracts.com. User Notes: (3B9ADA3B) § 15.3 The Contractor's representative: (Name, address, email address and other information) Lonnie Green 200 East 5th Avenue Owasso, OK 74055 Telephone Number: 918 -510 -2023 Mobile Number: 918 -500 -1870 Email Address: lonnie (iblimestoneconstruction.com § 15.4 Neither the Owner's nor the Contractor's representative shall be changed without ten days' prior notice to the other party. § 15.5 Insurance and Bonds § 15.5.1 The Owner and the Contractor shall purchase and maintain insurance as set forth in AIA Document A102T" -2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price, Exhibit A, Insurance and Bonds, and elsewhere in the Contract Documents. § 15.5.2 The Contractor shall provide bonds as set forth in AIA Document A102Th1 -2017 Exhibit A, and elsewhere in the Contract Documents. § 15.6 Notice in electronic format, pursuant to Article 1 of AIA Document A201 -2017, may be given in accordance with AIA Document E203Th1-2013, Building Information Modeling and Digital Data Exhibit, if completed, or as otherwise set forth below: (If other than in accordance with AIA Document E203 -2013, insert requirements for delivering notice in electronic format such as name, title, and email address of the recipient and whether and how the system will be required to generate a read receipt for the transmission.) § 15.7 Other provisions ARTICLE 16 ENUMERATION OF CONTRACT DOCUMENTS § 16.1 This Agreement is comprised of the following documents: .1 AIA Document A102Tm -2017, Standard Form of Agreement Between Owner and Contractor .2 AIA Document A102Tm- -2017, Exhibit A, Insurance and Bonds .3 AIA Document A201TM11 -2017, General Conditions of the Contract for Construction .4 AIA Document E203TM1/ -2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below: (Insert the date ofthe E203 -2013 incorporated into this Agreement.) .5 Drawings [nit AIA Document A102— 2017. Copyright ® 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects; "American Institute of Architects; "AIA; the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute 14 t of Architects. This document was produced at 13:21:34 ET on 08/2912023 under Order No.4104236144 which expires on 09/06/2023, is not for resale, is licensed for one -time use only, and may only be used in accordance with the AIA Contract Documents ®Terms of service. To report copyright violations, e-mail loci nfo @aiacontracts.com. User Notes: (3B9ADA3B) Number (3001, G002, G003, AS101, AD101, A101. Al IL A121, A201, A401, A402,A403, A501, A601, A602, A701, A703, A704, P -000, P -100, P -101, P -102, P -103, P -400, P-500, P-501, P-502, P-600, P -900, P -901, M -000, M -101, M -102. M- 500. M -501, M -502, M -600, M- 601, E001, E002, E101, E102, E103. E104, E201, E202, E401, E402. E501 & E502 .6 Specifications Section Pro]ect Manual 7 Addenda, if any: Number AD1.01, AS101. & AD 1.02 Title 9ateDat Addendum Number One August 1, 2023 Title Fire Station 41 Renovations & Fire Station #2 Renovations Date Date Pages July 7th, 2023 937 & 979 respectively Pages Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidding or proposal requirements are also enumerated in this Article 16. .8 Other Exhibits: (Check all boxes that apply.) [NIA] AIA Document E204TnL2017, Sustainable Projects Exhibit, dated as indicated below: (Insert the date of the E204 -2017 incorporated into this Agreement.) [ NIA ] The Sustainability Plan: Title Date [ NIA ] Supplementary and other Conditions of the Contract: Document Title Pages Date Pages .9 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201 -2017 provides that the advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or proposal, portions of Addenda relating to bidding of-proposal requirements, and other information furnished by the Owner in anticipation ofreceiving bids of- proposals, are not part ofthe Contract Documents unless enumerated in this Agreement. Any such documents should be listed here only if intended to be part of the Contract Documents.) Bid Breakdown Form - OFD STA. 1 &2 toil AIA Document A102- 2017. Copyright ®1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The Amercan Institute of Architects; "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute 15 t of Architects. This document was produced at 13:21:34 ET on 06/29/2023 under Order No.4104236144 which expires on 09/0612023, is not for resale, is licensed for one -time use only, and may only be used in accordance with the AIA Contract Documentss' Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3139ADA313) This Agreement entered into as of the day and year first written above. OWNER (Signature) Kelly Lewis, Mayor (Printed name and title) CONTRACTOR (Signature) Lonnie Green. President (Printed name and title) [nit. AIA Document A102— 2017. Copyright ® 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects; "AIA; the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute 16 t of Architects. This document was produced at 13:21:34 ET on 0812912023 under Order No 4104236144 which expires on 09106/2023, is not for resale, is licensed for one -time use only, and may only be used in accordance with the AIA Contract Documents ®Terms of Service. To report copyright violations, e-mail docinfo @aiawntracts.com. User Notes: (3B9ADA38) Certification of Document's Authenticity AIA® Document D401- — 2003 I, Lonnie Green, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with this certification 13:21:34 ET on 08/29/2023 under Order No. 4104236144 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A102TM - 2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price, other than changes shown in the attached final document by underscoring added text and striking over deleted text. (Signed) (Dated) AIA Document D401 — 2003. Copyright (D 1992 and 2003. All rights reserved. 'The American Institute of Architects; "American Institute of Architects; "AIA; the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 13:21:34 ET on 0812912023 under Order No.4104236144 which expires on 09/0612023, is not for resale, is licensed for one -time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, docinfo@aiacontracts.com. User Notes: (389ADA38) TO: The Honorable Mayor and City Council FROM: Larry Langford, Director of Recreation and Culture SUBJECT: Pickleball Project Bids and Budget Amendment DATE: August 31, 2023 BACKGROUND: Pickleball is an emerging fun sport that combines many elements of tennis, badminton and ping - pong. Played both indoors and outdoors on a court roughly the size of half a tennis court with a modified 36- inch -high net, the game can be played as doubles or singles. The equipment used is simply a paddle and plastic ball with holes and can be enjoyed by all ages and skill levels. During the Recreation and Culture's annual assessment and evaluation of the parks, it was decided that the deteriorating and dilapidated slab located at Rayola Park should be removed and replaced for other activities. PROJECT DESCRIPTION: If approved, this project would remove the existing concrete slab and construct a new 100' x 64' concrete base to contain three (3) 44' x 20' pickleball courts with connecting sidewalks to an existing walking path. Also, the installation of a perimeter fence and three (3) pickleball nets, as well as painting of all boundary lines. Alternate #1 consists of painting all playing surfaces (service and non - volley areas) with textured, non -skid, heavy -duty surface coating. BID PROCESS: In accordance with the Oklahoma Public Competitive Bidding Act, a sealed bid process was utilized. The public bid opening occurred on July 17, 2023, with six (6) contractors submitting bids as follows: BIDDER BASE BID ALTERNATE #1 TOTAL Ascend Commercial Builders, LLC $129,627.00 $14,000.00 $143,627.00 Bright Lighting, Inc. $192,225.84 $29,594.40 $221,820.24 Envision Civil Contractors $136,429.30 $27,957.60 $164,386.90 Merritt Tennis Systems $196,159.15 $7,920.00 $204,079.15 Multicon $153,701.00 $6,600.00 $160,301.00 Play by Design $188,795.20 $6,687.00 $195,482.20 FUNDING: Funding was included in the FY 2022 -2023 General Fund Parks Budget. Staff is seeking to carryover those funds into the FY 2023 -2024 General Fund Parks Budget in anticipation of project commencement. Pickleball Bid Award Page 2 RECOMMENDATION: Staff recommends approval of a budget amendment in the FY 2023 -2024 General Fund increasing the appropriation for expenditures by $143,800.00 in the Parks Department by utilizing carryover FY 2022 -2023 Parks Department funds. Staff further recommends awarding the base bid and alternate #1, to Ascend Commercial Builders, LLC of Tulsa, Oklahoma, in the amount of $143,627.00 and authorization to execute all necessary documents. ATTACHMENTS: Pickleball bid document Rayola Park Pickleball Courts contract SECTION 5 - BID SUBMITTAL PROJECT IDENTIFICATION: RAYOLA PARK PICKLEBALL COURTS The undersigned BIDDER agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Project Documents to complete all Work as specified or indicated in the Project Documents for the price and within the time indicated in accordance with all other terms and conditions of the Project Documents. 2. In submitting this Bid, BIDDER represents, they have examined and carefully studied copies of all the Project Documents and the following addenda: Addendum Number: Date: 3. BIDDER accepts the provisions of the Agreement as to liquidated damages for each consecutive calendar day that expires after the time specified for substantial completion until the work is complete. Ravola Park Pickleball Courts - Base Bid UNIT Estimated UNIT Extended Item and Description Quantity PRICE Total A Remove existing tennis court and sidewalks; SY 594 $ 1,3. 17 $ 10, OUt7 haul off B Install 4 "thick reinforced 3500 PSI concrete BY 711 $ cf5 $ b7,7%0 with #3 bars 12" OC. Light Broom finish Install a 42" high aluminum railing around the C perimeter of the pickleball court. Black powder LF 314 $ 59 $ (i 3`13 coated black semi -gloss finish complete with ! all mounting hardware and fasteners. D Install new sidewalk North connection SF 26 $ 19 $ c b ) E Install new sidewalk South connection SF 37 $ 10 $ 370 F Remove basketball goal; haul off $ $ I19(AD Sump G Paint all boundary lines Sump $ $ 350() H Install pickleball fixtures for 3 courts (3 nets, 6 Lump $ $ 1 a. GUO posts) Sum I Erosion Control Sump $ $ �j�CJt)O Sub Base Total 117 8`13 10% Contingency 1117,17 Total Base Bid I JJ IQ% 62 ALTERNATE UNIT Estimated UNIT Extended Item and Description Quantity PRICE Total Paint Service Areas and Non - Volley areas: Paint shall be textured, non -skid, heavy -duty AA01 surface coating is ideally suited for use on SF 2,640 s5.3 s Pickleball courts for either an asphalt base or concrete base Total Add Alternate I ODU IF BIDDER IS: An Individual By: (Individual's Name) doing business as Business Address: ❑TI MI T, (SEAL) A Partnership /I Gt 1 By: �SC�X w 1X,6&11 r "W e l-/—C- (SEAL) (Firm Name) Business Ac Phone No: A Corporation Partner) (Corporation Name) (State of Incorporation) By: (Name of Person Authorized to Sign) (Title) (CORPORATE SEAL) Attest: (Name) (Title) Business Phone 1• SECTION 10— AGREEMENT and GENERAL CONDITIONS with EXHIBITS 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 for the Rayola Park Pickleball Courts. All local, state, and federal laws, etc. shall govern every aspect of work. 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 ninety (90) calendar days from the date of Notice to Proceed; and completed and ready for final payment in accordance with the General Conditions within one hundred twenty (120) 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 Project Documents in current funds the amount agreed upon in CONTRACTOR'S bid. 4.2 CONTRACTOR understands that the estimated quantities are not guaranteed and that the determination of actual quantities and their classification is to be made by the OWNER at the time of application for payment. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions on the Pay Estimate Forms included as Exhibit "A" to this Agreement. Applications for Payment will be processed by OWNER as provided in the General Conditions. Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the Contract Price. ARTICLE 6. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself /herself with the nature and extent of Project Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports or explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except underground facilities) which have been identified in the Supplementary Conditions as provided in the General Conditions. Contractor accepts the determination set forth in the General Conditions of the extent of the "technical data" contained in such reports and drawings upon which Contractor is entitled to rely. Contractor acknowledges that such reports and drawings are not Project Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Project Manager do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Project Documents with respect to underground facilities at or continuous to the site. Contractor has obtained and carefully studied (or assume responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Project Documents. 63 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 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 fax 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. MISCELLANEOUS 7.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 7.2 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. 7.3 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. 7.4 The Agreement for 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 8. GENERAL CONDITIONS OF THE AGREEMENT 8.1 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 on the plans, they are to be construed the same as the respective expressions represented: A.A.S.H.O. American Association of State Highway Officials A.A.S.H.T.O. American Association of State Highway Traffic Officials A.I.A. American Institute of Architects A.S.A. American Standards Association A.S.C.E. American Society of Civil Engineers A.S.T.M. American Society of Testing & Materials A.W.W.A. American Water Works Association MUTCD Manual on Uniform Traffic Control Devices O.D.O.T. Oklahoma Department of Transportation 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. BRIDGE: A structure, including supports, erected over a depression or obstruction as water, highway, or railway, and having a track or passageway for carrying traffic, and having an opening measured along the center of the roadway of more than 20 feet between abutments or springline of arches or extreme ends of openings for multiple boxes. 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. CHANNEL: A natural or artificial water course. 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. CONTROL OF ACCESS: The condition where the right of owners or occupants of abutting land or other persons to access, light, air or view in connection with a roadway is fully or partially controlled by public authority. CULVERT: Any structure not classified as a bridge which provides an opening under the roadway. DEPARTMENT: A Department of the City of Owasso operating under the direction and authority of the Owner. DRAINAGE DITCH: A constructed open excavation or ditch constructed for the purpose of carrying off surface water. 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. PAVEMENT STRUCTURE: The combined sub -base, base and surface courses placed on the sub -grade to support the traffic load and distribute it to the roadbed. 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 his /her proposal is accepted. SHOULDER: The portion of the roadway contiguous with the traveled way for accommodation of stopped vehicles, for emergency use, and for lateral support of base and surface courses. 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. SUBBASE: The layer or layers of specified or selected material of designed thickness placed on a subgrade to support a base course. SUBCONTRACTOR: An individual, company, partnership or corporation to whom the contractor contracts part of the contract. SUBGRADE: The top surface of a roadbed upon which the pavement structure and shoulders are constructed. 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 site 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: 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. In order to avoid cumbersome and confusing repetition of expressions in these specifications, it is provided that whenever anything is, or is to be, done, if, as, or, when or where "contemplated, required, determined, directed, specified, authorized, ordered, given, designated, indicated, considered necessary, deemed necessary, permitted, reserved, suspended, established, approval, approved, disapproved, acceptable, unacceptable, suitable, accepted, satisfactory, unsatisfactory, sufficient, insufficient rejected, or condemned," it shall be understood as if the expression were followed by the words "by the Department" or "to the Department." 8.2 - INTERPRETATION OF ESTIMATES: The estimate of quantities of work to be done and materials to be furnished listed in the Plans and on the Bid Form are to be considered as approximate only and are to be used as a basis for the comparison of bids and the award of the contract. The Owner does not expressly or by implication agree that the actual quantities involved will correspond exactly therewith; nor shall the bidder plead misunderstanding or deception because of such estimate of quantities, or of the character, location or other conditions, pertaining to the work. Payment to the contractor will be made only for the actual quantities of work performed or materials furnished in accordance with the plans and specifications and it is understood that the quantities of work to be done and the materials to be furnished may each be increased, diminished or omitted as hereinafter provided without in any way invalidating the bid prices. Any change in the unit price, words or figures, or the product of the unit price, shall be acknowledged by the initials of the person signing the bid, adjacent to each such change or alteration. LUMP SUM - The bidder shall submit his /her proposal upon the forms furnished in the specification documents. The bidder shall specify a lump sum price when called for either in words or in figures for each item requested, and shall also show the products when applicable. Any change in the lump sum, words or figures, or the product, shall be acknowledged by the initials of the person signing the bid, adjacent to each such change or alteration. 8.3 - MATERIAL GUARANTY: The successful bidder may be required to furnish a complete statement of the origin, composition, and manufacture of any or all materials to be used in the construction of the work together with samples, which samples may be subjected to tests to determine their quality and fitness for the work. 8.4 - CONTRACTOR AND THEIR EMPLOYEES: The General Contractor and subcontractors employed upon the work shall and will be required to conform to the labor laws of the State of Oklahoma and the various acts amendatory and supplementary thereto, and to all laws, ordinances, and legal requirements applicable thereto. The contractor shall employ competent foremen, experienced mechanics, and others skilled in the several parts of the work given them to do, for performance of the work embraced in this contract; and shall promptly discharge any and all incompetent or otherwise unsatisfactory employees. Contractor's employees directly employed in performance of the work shall not be paid less than the prevailing minimum wage scale. Necessary sanitary conveniences for the use of employees on the work, properly secluded from public observation, shall be provided and maintained by the contractor. The construction and location of the facility and disposal of the contents shall comply with all laws of the Owner and State, relating to health and sanitation regulations. The contractor hereby agrees to comply with the provisions of Title 40 Oklahoma Statutes (Supp.9181) Sections 196.1 et.seq. relating to minimum wage scale of public projects. The Contractor and each Subcontractor shall pay the contributions required by the Social Security Act, U.S. Current Tax Payment Act (withholding tax) and the public laws of the State and shall accept exclusive liability for said contributions. The Contractor further shall indemnify and hold harmless the Owner on account of any such contributions assessed against the Owner. The contractor agrees to keep an accurate record showing the names and occupation of all employees, including the employees of any subcontractor, employed on the contract and also showing the actual wages paid to each of the employees, which record shall be open at all reasonable hours to the inspection of the Owner or the Commissioner of Labor, State of Oklahoma. The contractor further agrees that it (and contractor's subcontractors, if any) will not fail or refuse to hire or discharge any individual, or otherwise discriminate against any individual with respect to this compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, age or national origin, and further agrees that it will not (nor will its subcontractors, if any) limit segregate or classify its employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his /her status as an employee, because of such individual's race, color, religion, sex, age, physical handicap or national origin. Contractor further agrees with the Owner that this contract may be terminated by the Owner in the event there shall be a violation of any of the provisions of this paragraph, upon notice in writing given, and all monies to become due pursuant to any other provisions of this contract from the date of termination shall thereafter be forfeited the contractor being entitled only to monies expended and services performed up to and including the date of termination. 8.5 - INSURANCE: 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. 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 some amounts with the Owner as the named insured, issued by the some insurance company as the issuer of Contractor's Liability Coverage. Public Liability, other than automobile Personal Injury, each person $ 100,000.00 Personal Injury, each accident $1,000,000.00 Property Damage, each person $ 100,000.00 Property Damage, each occurrence $ 100,000.00 Automobiles and Trucks: Owned, Hired and Non - owned: Personal Injury, each person $ 100,000.00 Personal Injury, each accident $1,000,000.00 Property Damage, each accident $ 100,000.00 The policy shall provide a clause stating that it cannot be canceled by the 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. 8.6 - 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. 8.7 - 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, 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. SCOPE OF WORK 8.8 - 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. There will be a pre- construction conference at a time specified to the Contractor after Notice of Award. 8.9 - 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. 8.10 - 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. 8.11 - 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). 8.12 - 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. 8.13 - 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. 8.14 - CONTROL OF STORM RUNOFF: The contractor shall take preventive measures to minimize polluted runoff from the work site. Pollution includes, but is not limited to, silt or mud from disturbed area, construction debris, any petroleum products, or other objectionable materials. The contractor shall correct immediately any violation of this paragraph under current state and local ordinances. Failure to comply may result in shut down of all work as directed by the Department. 8.15 - 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. CKO]Nl;101I[O73't' 013;4 8.16 - 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. 8.17 - 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, 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. 8.18 - 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. 8.19 - 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. 8.20 - 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 contractors in every way possible. The contractor shall have on the work at all times, as his /her agent, a competent superintendent capable of reading and thoroughly understanding the plans and specifications and thoroughly experienced in the type of work being performed, who shall receive instructions from the Department or his /her authorized representatives. The superintendent shall have full authority to execute order or directions of the Department without delay, and to promptly supply such materials, equipment, tools, labor, and incidentals as may be required. Such superintendence shall be furnished irrespective of the amount of work sublet. 8.21 - 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 is responsible for locating all storm sewers, culverts, and buried telephone or electrical conduits, fiber optic cables, cable tv, sanitary sewers, water mains, and gas mains that might interfere with the construction of this project. 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 shall not be removed except as directed by the Department. 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. 8.22 - COOPERATION BETWEEN CONTRACTORS: The Owner reserves the right at any time to contract for and perform other or additional work on or near the work covered by the contract. When separate contracts are let within the limits of any one project, each contractor shall conduct his /her work so as to minimize interference with the progress or completion of the work being performed by other contractors. Contractors working on the same project shall cooperate with each other as directed. Each contractor involved shall assume liability, financial or otherwise, in connection with his /her contract and shall protect and save harmless the Owner from any and all damages or claims that may arise because of inconvenience, delay or loss experienced by him /her because of the presence and operations of other contractors working within the limits of the same project. The contractor shall arrange his /her work and shall place and dispose of the materials being used so as to minimize interference with the operations of the other contractors within the limits of the some 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. 8.23 - CONSTRUCTION STAKES, LINES AND GRADES: Unless otherwise shown on plans, the Contractor will set vertical and horizontal controls provided by the Consultant or Department or shown on the construction plans. It shall be the responsibility of the contractor to confer with the Consultant or Department and satisfy himself /herself as to the accuracy of the controls prior to the commencement of work. It shall also be the responsibility of the contractor to protect and maintain those controls and to replace immediately any or all controls should they be damaged or altered in any manner. From these vertical and horizontal controls, the contractor shall layout and stake the project for construction in accordance to construction plans and in a manner that is satisfactory to the Department prior to setting forms or batterboards. From these vertical and horizontal controls, the contractor shall provide competent personnel to layout the project in accordance to construction plans. 8.24 - 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. 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. 8.25 - 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. 8.26 - 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. 8.27 - 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. 8.28 - 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. 8.29 - 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. CONTROL OF MATERIAL 8.30 - 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. 8.31 - 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 contractors 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. 8.32 - 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. LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC 8.33 - 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. 8.34 - 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. 8.35 - 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. 8.36 - 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. 8.37 - 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. I:MG3! *TV, 8.38 - ASSIGNMENT AND SUBLETTING OF CONTRACT: A. The contractor shall give his /her personal attention to the fulfillment of this contract, and shall not let, assign, or transfer it or his /his right, title, or interest in or to the same or any part thereof, by attorney or otherwise, or sublet any part of the work to any other person without the previous consent of the Owner in writing. B. Should any subcontractor fail to perform in a satisfactory manner the work undertaken by him /her, his /her subcontract shall be immediately terminated by the contractor upon notice from the Owner. The contractor shall be as fully responsible to the Owner for the acts and omissions of persons directly employed by them, as (s)he is for the acts and omissions of persons directly employed by him /her. Nothing contained in these Project Documents shall create any contractual relationship between any subcontractor and the Owner. 8.39 - 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. 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. 8.40 - 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. 8.41 - 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. 8.42 - 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. 8.42 - RIGHT OF OWNER TO TERMINATE CONTRACT: If the work to be done under this contract shall be abandoned by the contractor, or if this contract shall be assigned by him /her otherwise than as herein provided, or if the contractor should be adjudged as bankrupt, or if a general assignment of his /her assets be made for the benefit of his creditors, or a receiver should be appointed for the contractor or any of his /her property; or if at any time the Department shall certify in writing that the performance of the work under this contract is being unnecessarily delayed, or that the contractor is willfully violating any of the conditions or covenants of this contract or the specifications therefore, or that (s)he is executing the same in bad faith or otherwise not in accordance with the terms of this contract; or if the work be not substantially completed within the time named for its completion, or within the time to which such completion date may be extended then the Owner may serve written notice upon the contractor and his /her surety of said Owner's intention to terminate this contract, and unless within five (5) days after the serving of such notice upon the contractor a satisfactory arrangement is made for the continuance thereof, this contract shall cease and terminate. In the event of such termination, the Owner shall immediately serve notice thereof upon the surety and contractor, and the surety shall have the right to take over and complete the work, provided, however, that if the surety does not commence performance thereof within thirty (30) days from the date of said notice of termination, the Owner may take over the work and prosecute same to completion, by contract, or otherwise for the account and at the expense of the contractor; and the contractor and his /her surety shall be liable to the Owner for any and all cost sustained by the Owner by reason of such prosecution and completion. In such event the Owner may take possession of, and utilize in completing the work, all such materials, equipment, tools and plant as may be on the site of the work and necessary therefore. 8.44 - 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. MEASUREMENT AND PAYMENT 8.45 - 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. 8.46 - 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. 8.47 - 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. 8.48 - 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. 8.49 - 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 September 5, 2023. OWNER: 9A Kelly Lewis, Mayor (SEAL) ATTEST: Juliann M. Stevens, City Clerk APPROVED AS TO FORM & CONTENT: Julie Lombardi, City Attorney Address for giving notices: CONTRACTOR: By (SEAL) Title sd TO: The Honorable Mayor and City Council FROM: H. Dwayne Henderson, P.E., City Engineer SUBJECT: Agreement for Engineering Services for Miscellaneous Stormwater and Erosion Control Engineering Projects DATE: August 31, 2023 BACKGROUND: For many years, the City of Owasso's rapid development has been monitored by the City Engineer's office. The City Engineer's office reviews plats for subdivisions and commercial properties throughout the City to make sure streets, storm water conveyance systems, and water and sewer lines are designed and constructed to City standards. Stormwater detention and erosion control are critical aspects of development within the City of Owasso. With the constantly changing regulations, an annual contract with a consulting firm specializing in stormwater management was established in 2007 to review stormwater plans in order to protect the interests of the City. The consultant works on an "as needed" basis and charges are based on an hourly rate schedule. The City Engineer's office determines plans that can be reviewed "in- house" and those that need analysis by the expert consultant. Since 2007, a firm has been retained annually on a contractual basis to provide these services for the fiscal year.. Engineering selection for these services has been quality based with emphasis on past performance. Meshek & Associates, LLC, performed these services in 2007, and from 2009 to present. The Benham Companies provided these services in 2008. With the expiration of the existing agreement, the annual contract to retain Meshek & Associates, LLC, for the miscellaneous stormwater and erosion control engineering projects for FY 2023 -2024 is recommended for consideration. If approved, the expiration date will be June 30, 2024. FUNDING: Funding for engineering services is included in the Stormwater Fund Budget. RECOMMENDATION: Staff recommends approval of the Agreement for Engineering Services with Meshek & Associates, LLC, of Tulsa, Oklahoma, in an amount not to exceed $50,000.00, and authorization to execute the agreement. ATTACHMENT: Agreement for Engineering Services — Miscellaneous Stormwater and Erosion Control AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK MISCELLANEOUS STORMWATER AND EROSION CONTROL ENGINEERING PROJECTS THIS AGREEMENT, made and entered into this 5th day of September, 2023 between the City of Owasso, Oklahoma, a Municipal Corporation, of Oklahoma, hereinafter referred to as CITY, and Meshek & Associates, LLC, hereinafter referred to as ENGINEER; WITNESSETH: WHEREAS, CITY intends to analyze various stormwater or erosion control issues for existing infrastructure, to review existing ordinances for possible revision, to provide stormwater reviews of development projects and to assist the City in general stormwater review or design services, hereinafter referred to as the PROJECT; and, WHEREAS, CITY requires certain professional services in connection with the PROJECT, hereinafter referred to as the SERVICES; and, WHEREAS, ENGINEER, is prepared to provide such SERVICES; WHEREAS, funding is available for the PROJECT through the fiscal year 2023 -2024 Stormwater Management Budget; NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: 1. SCOPE OF PROTECT. The scope of the PROJECT is described in Attachment A, SCOPE OF PROTECT, which is attached hereto and incorporated by reference as part of this AGREEMENT. 2. SERVICES TO BE PERFORMED BY ENGINEER. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, which is attached hereto and incorporated by reference as part of this AGREEMENT. 3. CITY'S RESPONSIBILITIES. CITY shall be responsible for all matters described in Attachment C, RESPONSIBILITIES OF THE CITY, which is attached hereto and incorporated by reference as part of this AGREEMENT. 4. COMPENSATION. CITY shall pay ENGINEER in accordance with Attachment D, COMPENSATION, and further described in Attachment E, BILLING RATE SHEET, which are attached hereto and incorporated by reference as part of this AGREEMENT. 5. SCHEDULE. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, in accordance with the schedule set forth in Attachment F, SCHEDULE, attached hereto and incorporated by reference as part of this AGREEMENT. 6. STANDARD OF PERFORMANCE. ENGINEER shall perform the SERVICES undertaken in a manner consistent with the prevailing accepted standard for similar services with respect to projects of comparable function and complexity and with the applicable laws and regulations published and in effect at the time of performance of the SERVICES. The PROJECT shall be designed and engineered in a good and workmanlike manner and in strict accordance with this AGREEMENT. All PAGE 1 OF 13 engineering work shall be performed by or under the supervision of Professional Engineers licensed in the State of Oklahoma, and properly qualified to perform such engineering services, which qualification shall be subject to review by CITY. Other than the obligation of the ENGINEER to perform in accordance with the foregoing standards, no warranty, either express or implied, shall apply to the SERVICES to be performed by the ENGINEER pursuant to this AGREEMENT or the suitability of ENGINEER'S work product. LIMITATION OF RESPONSIBILITY. 7.1. ENGINEER shall not be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the PROJECT. 7.2. The presence of ENGINEER's personnel at a construction site is for the purpose of providing to the CITY a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). 7.3. In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and /or execution. These conditions and cost /execution effects are not the responsibility of ENGINEER. 7.4. Record drawings will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. 7.5. ENGINEER's deliverables, including record drawings, are limited to the sealed and signed hard copies. Computer - generated drawing files furnished by ENGINEER are for CITY or others' convenience. Any conclusions or information derived or obtained from these files will be at user's sole risk. 8. OPINIONS OF COST AND SCHEDULE. 8.1. Since ENGINEER has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors', subcontractors', or vendors' methods of determining prices, or over competitive bidding or market conditions, ENGINEER'S cost estimates shall be made on the basis of qualifications and experience as a Professional Engineer. 8.2. Since ENGINEER has no control over the resources provided by others to meet construction contract schedules, ENGINEER'S forecast schedules shall PAGE 2 OF 13 be made on the basis of qualifications and experience as a Professional Engineer. 9. LIABILITY AND INDEMNIFICATION. 9.1. The ENGINEER shall indemnify and hold the CITY and the CITY's officers and employees harmless from and against damages, losses and judgments arising from claims by third parties, including reasonable attorneys' fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts or omissions of the ENGINEER, its employees and its consultants in the performance of professional services under this Agreement. The ENGINEER's duty to indemnify the CITY under this provision shall be limited to the available proceeds of insurance coverage. 9.2. ENGINEER shall not be liable to CITY for any special, indirect or consequential damages, such as, but not limited to, loss of revenue, or loss of anticipated profits. 10. CONTRACTOR INDEMNIFICATION AND CLAIMS. 10.1. CITY agrees to include in all construction contracts the provisions of Articles 7.1, and 7.2, and provisions providing contractor indemnification of CITY and ENGINEER for contractor's negligence. 10.2. CITY shall require construction contractor(s) to name CITY and ENGINEER as additional insureds on the contractors general liability insurance policy. 11. COMPLIANCE WITH LAWS. In performance of the SERVICES, ENGINEER shall comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. ENGINEER shall procure the permits, certificates, and licenses necessary to allow ENGINEER to perform the SERVICES. ENGINEER shall not be responsible for procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to ENGINEER in Attachment B, SCOPE OF SERVICES. 12. INSURANCE. 12.1. During the performance of the SERVICES under this AGREEMENT, ENGINEER shall maintain the following insurance: 12.1.1. General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. 12.1.2. Automobile Liability Insurance with bodily injury limits of not less than $1,000,000 for each person and not less than $1,000,000 for each accident and with property damage limits of not less than $100,000 for each accident. 12.1.3. Worker's Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance with limits of not less than $100,000 for each occurrence. PAGE 3 OF 13 12.1.4. Errors and Omissions Insurance to remain in effect during the PROJECT and the term of any legal liability. Errors and Omissions coverage to be for a minimum of $1,000,000. 12.2. ENGINEER shall furnish CITY updated certificates of insurance upon request at anytime throughout the duration of the contract. 13. OWNERSHIP AND REUSE OF DOCUMENTS. 13.1. All documents, including original drawings, estimates, specifications, field notes and data shall become and remain the property of the CITY. 13.2. CITY'S reuse of such documents without written verification or adaptation by ENGINEER for the specific purpose intended shall be at CITY'S risk. 14. TERMINATION OF AGREEMENT. 14.1. The obligation to continue SERVICES under this AGREEMENT may be terminated by either party upon fifteen days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 14.2. CITY shall have the right to terminate this AGREEMENT, or suspend performance thereof, for CITY'S convenience upon written notice to ENGINEER; and ENGINEER shall terminate or suspend performance of SERVICES on a schedule acceptable to CITY. In the event of termination or suspension for CITY'S convenience, CITY shall pay ENGINEER for all SERVICES performed to the date of termination in accordance with provisions of Attachment D, COMPENSATION. Upon restart of a suspended project, ENGINEER's contract price and schedule shall be equitably adjusted. 15. NOTICE. Any notice, demand, or request required by or made pursuant to this AGREEMENT shall be deemed properly made if personally delivered in writing or deposited in the United States mail, postage prepaid, to the address specified below. To ENGINEER: Meshek & Associates, LLC 1437 S. Boulder Ave. Suite 1550 Tulsa, OK 74119 Attention: Chris Duncan, PE, CFM To CITY: CITY OF OWASSO 301 W 2nd Avenue Owasso, Oklahoma 74055 Attention: Roger Stevens, Public Works Director 15.1. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of ENGINEER and CITY. 16. UNCONTROLLABLE FORCES. Neither CITY nor ENGINEER shall be considered to be in default of this AGREEMENT if delays in or failure of performance shall be due to forces which are beyond the control of the parties; including, but not limited to: PAGE 4 OF 13 fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage; inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either CITY or ENGINEER under this AGREEMENT; strikes, work slowdowns or other labor disturbances, and judicial restraint. 17. SEVERABILITY, If any portion of this AGREEMENT shall be construed by a court of competent jurisdiction as unenforceable, such portion shall be severed herefrom, and the balance of this AGREEMENT shall remain in full force and effect. 18. INTEGRATION AND MODIFICATION. This AGREEMENT includes ATTACHMENTS A, B, C, D, E, and F and represents the entire and integrated AGREEMENT between the parties; and supersedes all prior negotiations, representations, or agreements pertaining to the SCOPE OF SERVICES herein, either written or oral. CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. This AGREEMENT may be amended only by written instrument signed by each of the Parties. 19. DISPUTE RESOLUTION PROCEDURE. In the event of a dispute between the ENGINEER and the CITY over the interpretation or application of the terms of this AGREEMENT, the matter shall be referred to the City's Director of Public Works for resolution. If the Director of Public Works is unable to resolve the dispute, the matter may, in the Director's discretion, be referred to the City Manager for resolution. Regardless of these procedures, neither party shall be precluded from exercising any rights, privileges or opportunities permitted by law to resolve any dispute. 20. ASSIGNMENT. ENGINEER shall not assign its obligations undertaken pursuant to this AGREEMENT, provided that nothing contained in this paragraph shall prevent ENGINEER from employing such independent consultants, associates, and subcontractors as ENGINEER may deem appropriate to assist ENGINEER in the performance of the SERVICES hereunder. 21. APPROVAL. It is understood and agreed that all work performed under this AGREEMENT shall be subject to inspection and approval by the Public Works Department of the City of Owasso, and any plans or specifications not meeting the terms set forth in this AGREEMENT will be replaced or corrected at the sole expense of the ENGINEER. The ENGINEER will meet with the City staff when requested and will be available for public meetings and City of Owasso presentations. 22. CONTRACT EXTENTIONS. Upon approval of the Public Works Department and the Consultant, this contract may be extended for three (3) successive, one (1) year terms if agreed to by both parties in writing not less than sixty (60) days prior to the expiration of the initial one (1) year or of any successive one (1) year term. Hourly rate changes from the consultant and maximum contract are subject to change. T11is extention is the first extention of a maximum of three (3) extentions. 23. KEY PERSONNEL. In performance of the SERVICES hereunder, ENGINEER has designated Chris Duncan as Project Manager for the PROJECT'. ENGINEER agrees PAGE 5 OF 13 that no change will be made in the assignment of this position without prior approval of CITY. IN WITNESS WHEREOF, the parties have executed this AGREEMENT in multiple copies on the respective dates herein below reflected to be effective on the date executed by the Mayor of the City of Owasso. APPROVED: Meshek & Associates, LLC (��, wl"C�- Chris Duncan, PE, CFM Date 08/10/2023 CITY OF OWASSO, OKLAHOMA Juliann M. Stevens, City Clerk Kelly Lewis, Mayor Date 9/5/2023 APPROVED AS TO FORM: Julie Lombardi, City Attorney PAGE 6 OF 13 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK MISCELLANEOUS STORMWATER AND EROSION CONTROL ENGINEERING PROJECTS Scope of Project Attachment A SCOPE OF PROTECT. The PROJECT shall consist of civil engineering services for the following categories of assignments: 1. Review of hydrology and hydraulic reports and studies for development projects; 2. Assistance in the development of policies and ordinances related to stormwater, erosion control or the Municipal Separate Stormsewer System (MS -4); 3. Specific assignments related to hydrology and hydraulics that may arise with regard to existing installed infrastructure or proposed development projects; 4. Review of hydrology and hydraulic reports for developments as they relate to the City of Owasso Master Drainage Plan; 5. Review of floodplain issues regarding FEMA regulated floodplains and floodways; and 6. Any other Stormwater or erosion control issues that the City requests assistance. PAGE 7 OF 13 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK MISCELLANEOUS STORMWATER AND EROSION CONTROL ENGINEERING PROJECTS Scope of Services Attachment B The services to be performed by the ENGINEER, Meshek & Associates, LLC, under this AGREEMENT will consist of providing civil engineering services for the categories of assignments presented in Attachment A, as directed individually by the City by a work order. Further, it is understood and agreed that the date of beginning, rate of progress, and the time of completion of the work to be done hereunder for each assignment are essential provisions of this AGREEMENT; and it is further understood and agreed that the work embraced in this AGREEMENT shall commence upon execution of this AGREEMENT and receipt of Notice to Proceed for each assignment. It is further understood that all reviews and conceptual designs will be prepared in accordance with the City of Owasso design criteria and specifications for construction. B.1. Basic Services of ENGINEER. The basic services of the ENGINEER shall include, but are not limited to the following tasks: B.1.a) Provide miscellaneous stormwater engineering review of development projects as directed by the City. The work will include: B.1.a) 1. General review of engineering plans and reports for compliance with City criteria and policies. B.1.a) 2. If specifically directed by the CITY, to model a proposed development or other infrastructure project in the applicable HEC -HMS and HEC -RAS watershed model for the City of Owasso. B.1.b) Provide analysis and conceptual design of stormwater or erosion control improvements, when directed individually by the City. The work will generally include the following elements: B.1.b) 1. Preparation of detailed hydrologic and hydraulic models of localized areas. B.1.b) 2. Preparation of conceptual plans to deal with the flooding problems. B.1.b) 3. Prepare of conceptual cost estimates for budget purposes. B.l.b) 4. Preparation of a letter report documenting findings. B.1.b) 5. Review of existing city ordinances or preparation of new city ordinances addressing stormwater or erosion control issues. AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK MISCELLANEOUS STORMWATER AND EROSION CONTROL ENGINEERING PROJECTS Responsibilities of the City Attachment C RESPONSIBILITIES OF THE CITY. The CITY agrees: C.1 worts, Records, etc. To furnish, as required by the work, and not at expense to the ENGINEER: C.1.1 Records, reports, studies, plans, drawings, and other data available in the files of the CITY that may be useful in the work involved under this AGREEMENT. C.1.2 Standard construction drawings and standard specifications. C.1.3 ENGINEER will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by CITY. C.2 Access. To assist in providing access to public and private property when required in performance of ENGINEER's services. C.3 Staff Assistance. Designate the City Engineer (or another individual designated in writing) to act as its representative in respect to the work to be performed under this AGREEMENT, and such person shall have complete authority to transmit instructions, receive information, interpret and define CITY'S policies and decisions with respect to materials, equipment, elements and systems pertinent to the services covered by this AGREEMENT. C.3.1 Furnish staff assistance in locating, both horizontally and vertically, existing CITY owned utilities and in expediting their relocation as described in Attachment B. Further, CITY will furnish assistance as required in obtaining locations of other utilities, including "potholing'. C.3.2 Furnish legal assistance as required in the preparation of bidding, construction and other supporting documents. CA Review. Examine all studies, reports, sketches, estimates, specifications, drawings, proposals and other documents presented by ENGINEER and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK MISCELLANEOUS STORMWATER AND EROSION CONTROL ENGINEERING PROJECTS Compensation Attachment D COMPENSATION. The CITY agrees to pay, as compensation for services set forth in Attachment B, the following fees, payable monthly as each Phase of the work progresses; and within 30 calendar days of receipt of invoice. ENGINEER shall submit monthly invoices based upon actual hours or work, invoiced according the Rate Schedule provided in ATTACHMENT E, completed at the time of billing. Invoices shall be accompanied by such documentation as the CITY may require in substantiation of the amount billed. D.1 Total Compensation. D.1.1 For the work under this project the total maximum billing including direct costs and subconsultant services shall be Fifty Thousand Dollars and no cents ($50,000.00) which amount shall not be exceeded without further written authorization by CITY. D.2 Subconsultants and Other Professional Associates. Services of subcontractors and other consultants shall be compensated for at actual cost Use of sub - consultants shall be authorized in advance by CITY. D.3 Other Direct Costs. D.3.1 Travel and subsistence shall be compensated for at actual cost. Local travel by personal or firm automobile shall be compensated for at the rate currently allowed by the IRS. D.3.2 Printing expenses shall be compensated for as shown in ATTACHMENT E. D.3.3 Any other direct costs shall be compensated for at actual when authorized in advance by CITY. DA Additional Services. Unless otherwise provided for in any accepted and authorized proposal for additional services, such services shall be compensated for on the same basis as provided for in Attachment D. D.5 Terminated Services. If this AGREEMENT is terminated, ENGINEER shall be paid for services performed to the effective date of termination. D.6 Conditions of Payment. D.6.1 Payments shall be made based on actual hours worked using the rates in ATTACHMENT E and expenses incurred as indicated within this AGREEMENT and shall be due and owing within thirty days of ENGINEER'S submittal of his progress payment invoices. PAGE 10 OF 13 D.6.2 If CITY fails to make payments due ENGINEER within sixty days of the submittal of any progress payment invoice, ENGINEER may, after giving fifteen days written notice to CITY, suspend services under this AGREEMENT. D.6.3 If the PROJECT is delayed, or if ENGINEER'S services for the PROJECT are delayed or suspended for more than ninety days for reasons beyond ENGINEER'S control, ENGINEER may, after giving fifteen days written notice to CITY, request renegotiation of compensation. PAGE 11 OF 13 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK MISCELLANEOUS STORMWATER AND EROSION CONTROL ENGINEERING PROJECTS 2023 Billing Rate Sheet Attachment E PAGE 12 OF 13 Project Principal II $ 325.00 GIS Project Principal $ 230.00 Project Principal 1 $ 290.00 GIS Project Manager II $ 215.00 Project Manager 11 $ 260.00 GIS Project Manager 1 $ 165.00 Project Manager 1 $ 175.00 GIS Specialist II $ 135.00 Project Engineer 11 $ 165.00 GIS Specialist 1 $ 105.00 Project Engineer 1 $ 130.00 GIS Analyst $ 95.00 Engineering Intern $ 110.00 GIS Technician $ 80.00 Engineering Technician II $ 125.00 GPS Feld Technician $ 80.00 Engineering Technician 1 $ 90.00 ROW Project Manager 11 $ 210.00 CAD Designer $ 100.00 ROW Project Manager 1 $ 170.00 3 Man Survey Crew $ 315.00 Assistant ROW Project Manager $ 130.00 2 Man Survey Crew $ 215.00 Acquisition/Relocation Agent $ 100.00 Survey CAD Technician $ 90.00 Real Estate Trainee $ 85.00 Survey Crew Chief 1 $ 100.00 Planning/Grant Project Manager 11 $ 165.00 Survey Crew Chief II $ 130.00 Planning /Grant Project Manager 1 $ 140.00 Survey Crew Technician $ 85.00 IPlanner 11 $ 115.00 Survey Project Manager $ 200.00 Planner 1 $ 105.00 LiDAR Survey Crew $ 250.00 IContract Administrator $ 190.00 LiDAR Data Specialist $ 130.00 lAdministrat ive $ 105.00 Mileage Billed at Current IRS Rate Per Diem Billed at Current IRS Rate Per Diem Billed at Current GSA Rate 8 -1/2 "x11" print $ $ $ $ $ $ 0.15 0.20 0.30 3.00 6.00 9.00 Billed per page printed 8 -1 /2 "x14" print 11 "x17" p rint Black and White Plots Color Plot Mylars 1 Outside Direct Project Expenses Passthrough at Cost Subconsultant Services Cost plus 5% management fee PAGE 12 OF 13 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK MISCELLANEOUS STORMWATER AND EROSION CONTROL ENGINEERING PROJECTS Schedule Attachment F F. SCHEDULE. The schedule for engineering services for the fiscal year 2023 -2024 PROJECT is provided as follows: F.1. Notice to Proceed: July 1, 2023 (or when Agreement is fully executed) F.2. Contract Expiration: June 30, 2024 F.3. Project reviews shall be completed in 10 working days by ENGINEER F.4. Schedule for other assignments to be established at the time assignment is made to ENGINEER. PAGE 13 OF 13 CITY OF OWASSO GENERALFUND PAYROLLPAYMENTREPORT PAY PERIOD ENDING 08112/23 Department Payroll Expenses Total Expenses 105 Municipal Court 6,677.01 10,441.01 110 Managerial 28,470.61 39,062.35 120 Finance 20,364.53 31,502.40 130 Human Resources 12,222.38 18,883.22 160 Community Development 21,709.01 32,667.39 170 Engineering 22,615.46 34,667.71 175 Information Systems 20,508.26 29,397.91 181 Building Maintenance 13,424.01 19,949.96 190 Cemetery 1,382.40 3,008.41 201 Police Grant Overtime 2,665.34 2,701.00 215 Central Dispatch 2,843.92 4,213.64 221 Animal Control 5,611.28 8,005.42 280 Emergency Preparedness 2,692.70 3,735.78 370 Stormwater /ROW Maint. 8,910.21 13,824.41 515 Park Maintenance 11,989.53 18,508.92 520 Culture /Recreation 9,882.07 15,767.53 550 Community- Senior Center 8,901.88 11,612.29 580 Historical Museum 894.40 998.59 720 Strong Neighborhood 419.84 513.57 General Fund Total 202,184.84 299,461.51 185 Vehicle Maintenance Fund Total 12 835.78 21,361.73 255 Ambulance Fund Total 553.85 618.38 215 E911 Communication 29 491.12 43 677.07 250 Fire Fund 37 Total 238,306.11 359,383.70 201 Police Fund 38 Total 235,963.70 347 084.57 300 Streets Fund 39 Total 18,102.92 31,121.08 370 Stormwater Fund 27 Total 5,965.93 9,895.79 150 Worker's Compensation Total 3,416.58 4,041.78 720 Strong Neighborhoods Total 4,682.02 6,666.20 CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 08/26/23 Department Payroll Expenses Total Expenses 105 Municipal Court 7,002.29 10,770.41 110 Managerial 28,380.62 38,965.50 120 Finance 20,314.52 31,448.55 130 Human Resources 12,162.39 18,818.67 160 Community Development 21,711.70 32,670.65 170 Engineering 22,704.55 34,770.68 175 Information Systems 20,333.26 29,198.47 181 Building Maintenance 13,462.20 19,983.30 190 Cemetery 1,848.96 3,559.39 201 Police Grant Overtime 2,398.25 2,430.19 215 Central Dispatch 2,843.92 4,213.64 221 Animal Control 6,386.62 8,878.98 280 Emergency Preparedness 2,852.70 3,928.60 370 Stormwater /ROW Maint. 9,287.55 13,515.09 515 Park Maintenance 11,292.53 17,731.73 520 Culture /Recreation 9,793.83 15,669.74 550 Community- Senior Center 9,078.34 11,802.42 580 Historical Museum 894.40 998.59 720 Strong Neighborhood 422.53 516.82 General Fund Total 203,171.16 299,871.42 185 Vehicle Maintenance Fund Total 12,895.68 21.424.71 255 Ambulance Fund Total 553.85 618.38 215 E911 Communication 27,839.54 41 738.96 250 Fire Fund 37 Total 238,149.40 361,927.71 201 Police Fund 38 Total 237,042.32 348,715.11 300 Streets Fund 39 Total 23,789.28 39,120.94 370 Stormwater Fund 27 Total 7,409.06 12,079.60 150 Worker's Compensation Total 4,960.08 5,867.63 720 Strong Neighborhoods Total 4,662.41 6,645.77 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 8130 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE ADMIN FEES STOP LOSS HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE DENTAL DEPT TOTAL VSP ADMIN FEES ADMIN FEES VISION DEPT TOTAL HEALTHCARE SELF INSURANCE FUND TOTAL AMOUNT 43,385.41 52,637.84 51,266.66 22,968.05 100,052.35 13,137.20 103,935.84 387,383.35 6,749.80 8,583.41 7,901.69 23,234.90 1,413.03 87.80 1,500.83 412,119.08 Scott A. Thompson �� OKLAHOMA P �� '` Kevin Stitt Executive Director l I- Environmental Governor 40® Quality August 10, 2023 Mr. Roger Stevens, Public Works Director City of Owasso P.O. Box 180 (301 W. 2nd Ave.) Owasso, Oklahoma 74055 -0180 Re: Permit No. SL000072230511 Sanitary Sewer to Serve the Villas at Cypress Crossing Apartments Facility No. S -21310 Dear Mr. Stevens: Enclosed is Permit No. SL000072230511 for the construction of 774 linear feet of ten (10) inch PVC, 3,931 linear feet of eight (8) inch PVC sanitary sewer line and all appurtenances to serve the Villas at Cypress Crossing Apartments, Tulsa County, Oklahoma. The project authorized by this permit should be constructed in accordance with the plans approved by this Department on August 10, 2023. Any deviations from the approved plans and specifications affecting capacity, flow or operation of units must be approved, in writing, by the Department before changes are made. Receipt of this permit should be noted in the minutes of the next regular meeting of the City of Owasso, after which it should be made a matter of permanent record. We are returning one (1) set of the approved plans to you, one (1) set to your engineer and retaining one (1) set for our files, Respectfully, �� "K-µ7 ►I Qusay Kabariti, P.E. Construction Permit Section Water Quality Division r1: 1j Enclosure c: Debbie Nichols, Regional Manager, DEQ TULSA DEQ OFFICE Dan E. Tanner, P.E., Tanner Consulting, LLC 707 N. ROBINSON ST., OKLAHOMA CITY, OK 73102 -OFFICE: 405 - 702 -0100 STATE OF OKLAHOMA • OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY - DEQ.OK.GOV m Scott A. Thompson =1, OKLAHOMA Kevin Stitt � Executive Director Environmental Governor Quality PERMIT No. SL000072230511 SEWER LINES FACILITY No. S -21310 PERMIT TO CONSTRUCT August 10, 2023 Pursuant to O.S. 27A 2 -6 -304, the City of Owasso is hereby granted this Tier I Permit to construct 774 linear feet of ten (10) inch PVC, 3,931 linear feet of eight (8) inch PVC sanitary sewer line and all appurtenances to serve the Villas at Cypress Crossing Apartments, located in Section 16, T -21 -N, R -14 -E, Tulsa County, Oklahoma, in accordance with the plans approved August 10, 2023. By acceptance of this permit, the permittee agrees to operate and maintain the facilities in accordance with the "Oklahoma Pollutant Discharge Elimination System Standards - OPDES" (OAC 252:606) rules and to comply with the state certification laws, Title 59, Section 1101 -1116 O.S. and the rules and regulations adopted thereunder regarding the requirements for certified operators. This permit is issued subject to the following provisions and conditions. 1) That the recipient of the permit is responsible that the project receives supervision and inspection by competent and qualified personnel. 2) That construction of all phases of the project will be started within one year of the date of approval or the phases not under construction will be resubmitted for approval as a new project. 3) That no significant information necessary for a proper evaluation of the project has been omitted or no invalid information has been presented in applying for the permit. 4) That wherever water and sewer lines are constructed with spacing of 10 feet or less, sanitary protection will be provided in accordance with OAC 252:656- 5- 4(c)(3) of the standards for Water Pollution Control Facility Construction. 5) That tests will be conducted as necessary to ensure that the construction of the sewer lines will prevent excessive infiltration and that the leakage will not exceed 10 gallons per inch of pipe diameter per mile per day. 6) That the Oklahoma Department of Environmental Quality shall be kept informed of occurrences which may affect the eventual performance of the works or that will unduly delay the progress of the project. 7) That the permittee will take steps to assure that the connection of house services to the sewers is done in such a manner that the functioning of the sewers will not be impaired and that earth and ground water will be excluded from the sewers when the connection is completed. 8) That any deviations from approved plans or specifications affecting capacity, flow or operation of units must be approved by the Department before any such deviations are made in the construction of this project. 707 N. ROBINSON ST., OKLAHOMA CITY, OK 73102 , OFFICE: 405- 702 -0100 STATE OF OKLAHOMA -OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY • DEQ.OKGOV Scott A. Thompson i OKLAHOMA Kevin Stitt ► Executive Director' Environmental Governor �a Quality PERMIT No. SL000072230511 SEWER LINES FACILITY No. S -21310 PERMIT TO CONSTRUCT 9) That any notations or changes recorded on the official set of plans and specifications in the Oklahoma Department of Environmental Quality files shall be part of the plans as approved. 10) That the recipient of the permit is responsible for the continued operation and maintenance of these facilities in accordance with rules and regulations adopted by the Environmental Quality Board, and that this Department will be notified in writing of any sale or transfer of ownership of these facilities. 11) The issuance of this permit does not relieve the responsible parties of any obligations or liabilities which the permittee may be under pursuant to prior enforcement action taken by the Department. 12) That the permittee is required to inform the developer /builder that a DEQ Storm Water Construction Permit is required for a construction site that will disturb one (1) acre or more in accordance with OPDES, 27A O.S. 2 -6 -201 et. seq. For information or a copy of the GENERAL PERMIT (OKR10) FOR STORM WATER DISCHARGES FROM CONSTRUCTION ACTIVITIES, Notice of Intent (NOI) form, Notice of Termination (NOT) form, or guidance on preparation of a Pollution Prevention Plan, contact the Storm Water Unit of the Water Quality Division at P.O. Box 1677, Oklahoma City, OK 73101 -1677 or by phone at (405) 702 -8100. 13) That all manholes shall be constructed in accordance with the standards for Water Pollution Control Facility Construction (OAC 252:656 -5 -3), as adopted by the Oklahoma Department of Environmental Quality. 14) That when it is impossible to obtain proper horizontal and vertical separation as stipulated in Water Pollution Control Facility Construction OAC 252:656- 5- 4(c)(1) and OAC 252:656- 54(c)(2), respectively, the sewer shall be designed and constructed equal to water pipe, and shall be pressure tested using the ASTM air test procedure with no detectable leakage prior to backfilling, in accordance with the standards for Water Pollution Control Facility Construction OAC 252:656-5 - 4(c)(3). Failure to appeal the conditions of this permit in writing within 30 days from the date of issue will constitute acceptance of the permit and all conditions and provisions. 707 N. ROBINSON ST., OKLAHOMA CITY, OK 731D2. OFFICE: 405- 702-0100 STATE OF OKLAHOMA - OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY - DEQ.OK.GOV Scott A. Thompson 4 OKLAHOMA Kevin Stitt Executive Director Environmental Governor Quality August 10, 2023 Mr. Roger Stevens, Public Works Director City of Owasso P.O. Box 180 (301 W. 2nd Ave.) Owasso, Oklahoma 74055 -0180 Re: Permit No. WL000072230510 Waterline to Serve the Villas at Cypress Crossing Apartments Facility No. 3007218 Dear Mr. Stevens: Enclosed is Permit No. WL000072230510 for the construction of 3,512 linear feet of eight (8) inch PVC potable water line and all appurtenances to serve the Waterline to serve the Villas at Cypress Crossing Apartments, Tulsa County, Oklahoma. The project authorized by this permit should be constructed in accordance with the plans approved by this Department on August 10, 2023. Any deviations from the approved plans and specifications affecting capacity, flow or operation of units must be approved, in writing, by the Department before changes are made. Receipt of this permit should be noted in the minutes of the next regular meeting of the City of Owasso, after which it should be made a matter of permanent record. We are returning one (1) set of the approved plans to you, one (1) set to your engineer and retaining one (1) set for our files. Respectfully, r Qusay Kabariti, P.E. Construction Permit Section Water Quality Division r._G u. Enclosure c: Debbie Nichols, Regional Manager, DEQ TULSA DEQ OFFICE Dan E. Tanner, P.E., Tanner Consulting, LLC 707N. ROBINSON ST, OKLAHOMA CITY, OK 73102. OFFICE: 405702 -0100 STATE OF OKLAHOMA • OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY - DEQ.OK.GOV Scott A. Thompson Executive Director OKLAHOMA Environmental Quality PERMIT TO CONSTRUCT Kevin Stitt Governor PERMIT No. WL000072230510 WATER LINES FACILITY No. 3007218 August 10, 2023 Pursuant to O.S. 27A 2 -6 -304, the City of Owasso is hereby granted this Tier I Permit to construct 3,512 linear feet of eight (8) inch PVC potable water line and all appurtenances to serve the Waterline to serve the Villas at Cypress Crossing Apartments, located in Section 16, T -21 -N, R -14 -E, Tulsa County, Oklahoma, in accordance with the plans approved August 10, 2023. By acceptance of this permit, the permittee agrees to operate and maintain the facility in accordance with the Public Water Supply Operation rules (OAC 252:631) and to comply with the State Certification laws, Title 59, Section 1101 -1116 O.S. and the rules and regulations adopted thereunder regarding the requirements for certified operators. This permit is issued subject to the following provisions and conditions. 1) This water line provides adequate fire flow in accordance with the 2009 International Fire Code through the approved hydraulic analysis. The fire flow provided is 1,500 gpm. 2) That the recipient of the permit is responsible that the project receives supervision and inspection by competent and qualified personnel. 3) That construction of all phases of the project will be started within one year of the date of approval or the phases not under construction will be resubmitted for approval as a new project. 4) That no significant information necessary for a proper evaluation of the project has been omitted or no invalid information has been presented in applying for the permit. 5) That the Oklahoma Department of Environmental Quality shall be kept informed on occurrences which may affect the eventual performance of the works or that will unduly delay the progress of the project. 6) That wherever water and sewer lines are constructed with spacing of 10 feet or less, sanitary protection will be provided in accordance with Public Water Supply Construction Standards [OAC 252:626- 19 -21. 7) That before placing this facility into service, at least two samples of the water, taken on different days, shall be tested for bacteria to show that it is safe for drinking purposes. 8) That any deviations from approved plans or specifications affecting capacity, flow or operation of units must be approved by the Department before any such deviations are made in the construction of this project. 707 N. ROBINSON ST., OKLAHOMA CITY, OK 73102. OFFICE: 405- 702 -0100 STATE OF OKLAHOMA - OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY - DEQ.OK.GOV Scott A. Thompson Executive Director OKLAHOMA ® �Ca Environmental Quality PERMIT TO CONSTRUCT Kevin Stitt Governor PERMIT No. WL000072230510 WATER LINES FACILITY No. 3007218 9) That the recipient of the permit is responsible for the continued operation and maintenance of these facilities in accordance with rules and regulations adopted by the Environmental Quality Board, and that this Department will be notified in writing of any sale or transfer of ownership of these facilities. 10) The issuance of this permit does not relieve the responsible parties of any obligations or liabilities which the permittee may be under pursuant to prior enforcement action taken by the Department. 11) That the permittee is required to inform the developer /builder that a DEQ Storm Water Construction Permit is required for a construction site that will disturb one (1) acre or more in accordance with OPDES, 27A O.S. Section 2 -6 -201 at seq. For information or a copy of the GENERAL PERMIT (OKR10) FOR STORM WATER DISCHARGES FROM CONSTRUCTION ACTIVITIES, Notice of Intent (NOI) form, Notice of Termination (NOT) form, or guidance on preparation of a Pollution Prevention Plan, contact the Storm Water Unit of the Water Quality Division at P.O. Box 1677, Oklahoma City, OK 73101 -1677 or by phone at (405) 702 -8100. 12) That any notations or changes recorded on the official set of plans and specifications in the Oklahoma Department of Environmental Quality files shall be part of the plans as approved. 13) That water lines shall be located at least fifteen (15) feet from all parts of septic tanks and absorption fields, or other sewage treatment and disposal systems. 14) That whenever plastic pipe is approved and used for potable water, it shall bear the seal of the National Sanitation Foundation and meet the appropriate commercial standards. 15) That when it is impossible to obtain proper horizontal and vertical separation as stipulated in Public Water Supply Construction Standards OAC 252:626- 19- 2(h)(1) and OAC 252:626- 19- 2(h)(2), respectively, the sewer shall be designed and constructed equal to water pipe, and shall be pressure tested to the highest pressure obtainable under the most severe head conditions of the collection system prior to backfilling. Failure to appeal the conditions of this permit in writing within 30 days from the date of issue will constitute acceptance of the permit and all conditions and provisions. 2_Q, CZ, Water Quality Division 707 N. ROBINSON ST., OKLAHOMA CITY. OK 73102 • OFFICE: 405- 702 -0100 STATE OF OKLAHOMA OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY - DEQ.OK.GOV SECTION 00600 CHANGE ORDER PROJECT: 11601 Widening Garnett to 129th CONTRACT DATE: April 19, 2022 TO CONTRACTOR: Crossland Heavy CHANGE ORDER NUMBER: 3 DATE: August 17, 2023 CONTRACT FOR: 116 "' Widening The Contract is changed as follows: This contract creates a LS cost for repairs to the Brookfield Crossing entrance and the irrigation system at the City of Owasso Station #4. LS cost will be $11,284.68 No additional money is requested as Project Allowance will be utilized for change order. Not valid until signed by the Owner and Contractor The original Contract Sum was $ 8,603,000.00 Net change by previously authorized Change Orders $ $0 The Contract Sum prior to this Change Order was $ 8,603,000.00 The Contract Sum will be (increased) (decreased) (unchanged) by this Change Order in the estimated amount of $ 0 The new Contract Sum including this Change Order will be $ 8,603,000.00 The Contract Time will be (increased) (decreased) (unchanged) by (_6_, days. The date of Substantial Completion as of the date of this Change Order therefore is August 31, 2023. Includes days annroved to date (8/17/23). NOTE: This summary does not reflect changes in the Contract Sum Time which have been authorized by Construction Change Directive. Crafrlertl UfwV4 (.ovirr 6 -too CONTRACTOR IvIY1 E• AJw , ( PI. f�l it% , or 7`ll /L ADDRESS BY DATE 6 -1,)-Z3 City of Owasso OWNER 200 South Main ADDRESS A-- nv anncc DATE X: /7 2003 SPECIAL PROVISIONS 0509 00900 - Page 1 of SREARDOWN FOR SUPPORT OF CONSTRUCTION DIRECTIVE Document: :l No.: Na.: 22007RD -116Uh SIN -12OUh E Ave to Gamoll Rtl :tar. Crossland Hoavy COnhadom I Cost ror Initiation ropabs at both Brookfield Crossing Enhance and Fire Station. Materials: Items Unlls Cost Quantity Amount 4020 SCbodulo 40 PVC LF 55.59 G0.00 5335AO 3.0 564.42 Unemployment Insurance Contribution 3.8D% SO.00 Mo0 7.65% 50.05 Employee Fdn a Senenls SUM 516.66 Sub-Toul S84A2 15%Pro01 50.00 Total Sub -TOlal 5335.40 15 %Prornl 533.54 Total S3G0.94 abor: Job Tillo Rate /Hr. Total Hrs. Amount 8kllled 0 valor S31.04 3.00 SIG4.52 Skilled Lobster 520.14 3.0 564.42 Unemployment Insurance Contribution 3.8D% 53.21 Mo0 7.65% 50.05 Employee Fdn a Senenls SO.00 516.66 Sub-Toul S84A2 15%Pro01 S8,14 Total 592-80 Pnarnll Addilivea: Ilom %or Labor Anmunl Band 1.00% So.00 Insurance 5.00% 56.75 Workefs Compensation 22.00% 518.57 Unemployment Insurance Contribution 3.8D% 53.21 Sotlal Security Tan. 7.65% 50.05 Employee Fdn a Senenls 20.00% 516.66 TOlel 546.08 Equipment: Type CoSOHr. Tolal Hrs. Amount CAT 305 Excavator 576.36 3.00 5229.06 Contractor Total 511.065.74 50.00 Sub -Total 58.998.95 50.00 51.349.84 Tolel 5220.06 Cast: Items Cost Ouanllly Annual IM a0ml SUb -Re ell 58.998.95 1.00 58.998.95 Contractor Total 511.065.74 50.09 Sub -Total 58.998.95 1 Sy. Prornl 51.349.84 To 519,348.79 Sub- COnhaclor Cost - 58.9911.95 Mawk-up On SUb•Conmeolor 15% 51,349.84 Conl'ac'Or COSI 5694.96 ConlraclorPro61 541.98 Contractor Total 511.065.74 Tonal Lum p Sum Cost for Work Descdbetl Sf 1,065].1 Total cost If Not Lump Sum, Cost Per Unit Unit 'Six (6) Addition ay � A [I Conknclofs Slflnolure QN - ��rlxA Prinletl Nome: Page 4 or 4 t1 yardvarks� Irrigation design and installation Irrigation Audit Keep It Flowin' Crossland Heavy -11400 E 116th SIN Owasso ATTN: Luke Freisberg 11400 E 116th St N Thank you forgiving YardVarks the opportunity to provide you with a quote for our services! We look forward to providing you with the highest quality lawn care In Tulsa and we guarantee your satisfaction. Please review this quote and let us know when you're ready to get started! Name /Description Rate Quantity Amount Irrigation 2720.00 1 2720.00 Irrigation Labor(Fixed) - To Include re- establishing irrigation at Brookfield Crossing neighborhood entrance for both sides of 117th E Ave and the center Island. 1 SCH 40 PVC BE PIPE 195.82 1 195.82 PGV100G 1 PLST GLB VLV WO PC 33.00 2 66.00 PROS 12 HUNTER 121N POPUP SPRAY 21.80 12 261.60 12 X 24 PVC SCH 80 NIPPLE TBE 17.41 5 87.05 PROSO4 HUNTER 41N POPUP SPRAY 5.91 24 141.84 2 SCH 40 PVC BE PIPE 100 401.57 0.25 100.39 720A 1 WILKINS PRES VAC BRKR 232.84 1 232.84 JUMBO LP GREEN VALVE BOX LID 125.52 1 125.52 187 DIR BURIAL WIRE BLK SOOFT 460.37 0.25 115.09 1 CL200 PVC BE PIPE 100 116.63 3 349.89 12 CL200 PVC BE PIPE 77.75 1:5 116.63 1 LP PLASTIC BALL VALVE SS 17.37 1 17.37 14W X 36H OK PVB BLANKET 113.66 1 113.66 Walk Behind Trencher on tracks 4x30 770.00 1 770.00 PVC Pipe Fittings 279.81 1 279.81 Irrigation 510.00 1 510.00 Irrigation Labor(Fixed)- To Include repair of homeowner on East side of HOA entrances Irrigation system, 2 SCH 40 PVC BE PIPE 100 401.57 0.25 100.39 1 CL200 PVC BE PIPE 1BO 116.63 0.5 58.32 PROSO4 HUNTER 4IN POPUP SPRAY 5.91 4 23.64 PVC Pipe Fittings 61.13 1 61.13 Irrigation 1020.00 1 1020.00 Irrigation Labor(Fixed) - To Include re- establishing Irrigation for south side of fire station. PGP04 HUNTER ULTRA 4IN POPUP 1835 11 201.85 1 CL200 PVC BE PIPE 100 116.63 0.75 87.47 112 CL200 PVC BE PIPE 218.68 1 218.68 Name /Description Walk Behind Trencher on tracks 4x30 PVC Pipe Fittings Rate Quantity Amount 770.00 1 770.00 253.97 1 253.97 Total $8,998.95 Please contact us with any questions or concerns you may have. We appreciate your consideration and look forward to working with you in the near future!