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2024.03.05_City Council Agenda
PUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL Council Chambers Old Central Building 109 North Birch, Owasso, OK Tuesday, March 5, 2024 - 6:30 PM NOTE: APPROPRIATE ACTION may include, but is not limited to: acknowledging, affirming, amending, approving, authorizing, awarding, denying, postponing, or tabling. AGENDA 1. Call to Order - Mayor Kelly Lewis RECEIVED 2. Invocation - Pastor David Payne of Speak Life Fellowship MAR 01 2024 3. Flag Salute City Clerk's Office 4. Roll Call 5. Presentation of the Character Trait of Decisiveness -Dr. Leslie Clark, Character Council Member 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 - February 20, 2024, Regular Meeting B. Approve claims C. Accept public infrastructure of asphalt roads, sidewalks, stormwater, and sanitary sewer improvements for Hawks Landing subdivision located on East 76th Street North, east of North 145th East Avenue D. Approve a budget amendment in the General Liability /Property Self- Insurance Fund, increasing estimated revenues and the appropriation for expenditures in the General Liability /Property Self- Insurance Fund by $40,659.92 7. Consideration and appropriate action relating to items removed from the Consent Agenda 8. Consideration and appropriate action relating to an executive session, as provided for in Title 25, O.S. § 307(B)(4), for the purposes of discussion confidential communications between the City Council and its Attorneys concerning litigation styled Jeffrey Alan Traver v. City of Owasso CJ- 2023 - 02070, District Court of Tulsa County Julie Lombardi 9. Consideration and appropriate action relating to a settlement agreement and payment in the case styled Jeffrey Alan Traver v. City of Owasso CJ- 2023 - 02070, District Court of Tulsa County and authorization for the City Manager to execute the settlement agreement and any other related documents Keith Wilkes Staff recommends approval of a settlement agreement, authorization for the City Manager to execute the settlement agreement and other related documents, and authorization for payments. 10. Consideration and appropriate action relating to an agreement for engineering services for the East 86th Street North Bridge Replacement Project between North 1451h East Avenue and North 161st East Avenue Roger Stevens Staff recommends approval of an Agreement for Engineering Services with Kellogg Engineering, Inc., of Talala, Oklahoma, in the amount of $165,700.00 and authorization to execute all necessary documents. Owasso City Council March 5, 2024 Page 2 11. Report from City Manager Monthly Public Works Project Status Report 12. Report from City Attorney 13. Report from City Councilors 14. Official Notices (documents for acknowledgment of receipt or information only, no discussion or action will be taken) • Payroll Payment Report - pay period ending date February 24, 2024 • Health Care Self- Insurance Claims - dated as of February 29, 2024 • Oklahoma Department of Environmental Quality Permit No. WL000072230726, Hales Acres Phase 2 Waterline Replacement • Oklahoma Department of Environmental Quality Permit No. SL000072230788, Morrow Gravity Sanitary Sewer Line Extension • Change Order No. 6 executed by the City Manager or designee for the East 116th Street North Roadway Improvements from Mingo Road to Garnett Road Project 15. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 16. Adjournment Notice of Public Meeting filed in the office of the City Clerk on Friday, December 8, 2023, and the Agenda posted at City Hall, 200 South Main Street, at 5:00 pm ridgy, March 1, 2 24. Ju) n M. Stevens, Cip Clerk The City of Owasso encourages citizen participation. To request a ccommodotion due to a disability, contact the City Clerk prior to the scheduled meeting by phone 918 - 376 -1502 or by email to is yens @citvofowasso.com OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING TUESDAY, FEBRUARY 20, 2024 The Owasso City Council met in regular session on Tuesday, February 20, 2024, in the Council Chambers at Old Central, 109 North Birch, Owasso, Oklahoma per the Notice of Public Meeting filed Friday, December 8, 2023; and the Agenda filed in the office of the City Clerk and posted at City Hall, 200 South Main Street, at 12:00 pm on Friday, February 16, 2024. 1. Call to Order - Mayor Kelly Lewis called the meeting to order at 6:30 pm. 2. Invocation - The Invocation was offered by Pastor Jonathan Cook of Destiny Life Church Owasso, 3. Flag Salute - Councilor Bonebrake led the flag salute. 4. 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 5. Proclamation declaring Tuesday, February 20, 2024, as H.C. "Will' Williams day in the City of Owasso The City Council presented the proclamation to Mr. Williams. 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 - February 6, 2024, and February 13, 2024, Regular Meetings B. Approve claims C. Approve early retirement benefits for Carl Warren Lehr D. Accept the 2024 Oklahoma Internet Crimes Against Children Task Force Grant and authorize execution of all necessary documents E. Approve a budget amendment in the General Fund, increasing the estimate of revenues and the appropriation for expenditures in the Half -Penny Sales Tax Fund (Police) by $5,310.05 for the 2024 Oklahoma Internet Crimes Against Children Task Force Grant F. Appoint Heather Stewart as Deputy City Clerk Mr. Loving moved, seconded by Mr. Dunn, to approve the Consent Agenda as presented, with claims totaling $1,031,931.45. 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. Presentation of the Owasso Strong Neighborhood Initiative Annual Report Jerry Fowler presented the item and discussion was held. Owasso City Council February 20, 2024 Page 2 9. Consideration and appropriate action relating to Ordinance 1220, approving a Planned Unit Development (PUD) for 116th Attic Storage, a proposed mixed -use development, containing approximately 3.392 acres, located at 11111 East 116th Street North Alexa Beemer presented the item, recommending adoption of Ordinance 1220. There were no comments from the audience. After discussion, Mr. Loving moved, seconded by Mr. Bonebrake, to adopt Ordinance 1220, as recommended. YEA: Bonebrake, Dunn, Loving, Fruga, Lewis NAY: None Motion carried: 5-0 10. Consideration and appropriate action relating to a request for a final plat for Villas at Stonebridge II, a multifamily residential development, containing approximately 4.99 acres located at 13116 East 7611h Street North Alexa Beemer presented the item, recommending approval of the final plat for Villas at Stonebridge II. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn, to approve the final plat, as recommended. YEA: Bonebrake, Dunn, Loving, Fruga, Lewis NAY: None Motion carried: 5-0 11. Consideration and appropriate action relating to bids received for the Hale Acres Waterline Replacement Project, Phase II Jake Ketner presented the item, recommending to award the base bid and alternate #1 in the amount of $358,045.00 to Creek Construction, of Skiatook, Oklahoma, and authorization to execute all necessary documents. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn, to award the bid and authorize execution of documents, as recommended. YEA: Bonebrake, Dunn, Loving, Fruga, Lewis NAY: None Motion carried: 5-0 12. Consideration and appropriate action relating to an agreement with Indian Nations Council of Governments (INCOG) for the management of the Safe Streets and Roads for All (SS4A) grant program "Dwayne Henderson presented the item, recommending approval of the Travel with Care: SS4A Implementation Project Financing, Subcontracting, Construction Agreement 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 documents, as recommended. YEA: Bonebrake, Dunn, Loving, Fruga, Lewis NAY: None Motion carried: 5-0 13. Report from City Manager Warren Lehr read a press release into the record related to an active investigation by the Owasso Police. 14. Report from City Attorney - None 15. Report from City Councilors City Councilors recognized Mr. Lehr for his years of service to the City of Owasso. 16. Official Notices - The Mayor acknowledged receipt of the following: • Payroll Payment Report - pay period ending date February 10, 2024 • Health Care Self- Insurance Claims - dated as of February 14, 2024 • Monthly Budget Status Report - January 2024 17. New Business -None 18. Adjournment Mr. Bonebrake moved, seconded by Mr. Dunn, to adjourn the meeting. YEA: Bonebrake, Dunn, Loving, Fruga, Lewis NAY: None Motion carried: 5-0 and the meeting adjourned at 7:35 pm. Kelly Lewis, Mayor Juliann M. Stevens, City Clerk Owasso City Council February 20, 2024 Page 3 Claims List - 03/05/2024 Fund Vendor Name Payable Description Payment Amount 01 GENERAL BERT PARSONS SECOND GENERATION TEMP REPAIR OCR DOOR $225.83 COX COMMUNICATIONS PHONE USAGE $11.59 DALE & LEES SERVICE INC O/C AC REPAIR $3,653.13 DALE & LEES SERVICE INC REPLACE UNIT AT O/C $8,557.00 DALE & LEES SERVICE INC SE HALL OC SPLIT UNIT $8,154.00 GARLAND DBS INC CH MASONRY REPAIR $2,250.00 JPMORGAN CHASE BANK ALARM BILL -FIRE MONT $90.00 JPMORGAN CHASE BANK AMAZON- SUPPLIES $33.98 JPMORGAN CHASE BANK CAMFIL -AIR FILTERS $281.10 JPMORGAN CHASE BANK CAMFIL- SUPPLIES $45.00 JPMORGAN CHASE BANK COX - INTERNET $69.95 JPMORGAN CHASE BANK IQ -CAR WASH $12.00 JPMORGAN CHASE BANK LLWES- SUPPLIES $80.00 JPMORGAN CHASE BANK LOWES- TOILET REPAIR $19.06 JPMORGAN CHASE BANK ODP- BATTERIES $15.21 JPMORGAN CHASE BANK SAMS- GLOVES $28.44 JPMORGAN CHASE BANK SAMS- REFUND ($28.44) JPMORGAN CHASE BANK SAMS- SUPPLIES $477.23 JPMORGAN CHASE BANK TRACTOR- WINTER GEAR $93.49 JPMORGAN CHASE BANK TRACTOR - WNTER GEAR $54.99 JPMORGAN CHASE BANK WALMART -VINYL $5.97 UNIFIRST HOLDINGS LP BUILD MAINT UNIFORM $28.72 BUILDING MAINTENANCE -Total $24,158.25 TYLER TECHNOLOGIES, INC. CAD SOFTWARE $7,830.00 CAD SOFTWARE -Total $7,830.00 AEP /PSO ELECTRIC USE $537.09 COX COMMUNICATIONS PHONE USAGE $11.59 GEN ANIMAL CONTROL -Total $648.68 AEP /PSO ELECTRIC USE $23.85 FLEET FUELS LLC FUEL $332.73 JPMORGAN CHASE BANK BROWN FARMS -SOD $20.00 JPMORGAN CHASE BANK PSI - TRAINING $95.00 UNIFIRST HOLDINGS LP UNIFORM SERVICES $21.02 GEN CEMETERY -Total $492.60 JPMORGAN CHASE BANK AMAZON -STIR STICKS $7.49 JPMORGAN CHASE BANK PARKS COFFEE - SUPPLIES $70.53 JPMORGAN CHASE BANK SAMS - PLATES & CUPS $57.72 JPMORGAN CHASE BANK SAMS- SUPPLIES $73.54 KATHLEEN M ROGERS SEWING CLASS $300.00 TERRI RECTOR CLASS - GLASS ART $450.00 TREASURER PETTY CASH CC CLASS REF - DSTUBBLE $45.00 1 Claims List - 03/05/2024 Fund Vendor Name Payable Description Payment Amount 01 GENERAL TREASURER PETTY CASH CC CLASS REF -LOPEZ $120.00 TREASURER PETTY CASH CC CLASS REF- LSTUBBLE $45.00 TREASURER PETTY CASH CC CLASS REF -MOORE $100.00 GEN COMM CTR DONATIONS -Total $1,289,28 AEP /PSO ELECTRIC USE $460.45 COX COMMUNICATIONS PHONE USAGE $19.32 DALE & LEES SERVICE INC CC HVAC REPAIR $188.00 DALE & LEES SERVICE INC COM. CENTER AC REPAIR $368.00 JPMORGAN CHASE BANK AFP- MEMBERSHIP $45.00 JPMORGAN CHASE BANK AMAZON- FIRSTAID $25.06 JPMORGAN CHASE BANK CAMFIL -AIR FILTERS $133.44 JPMORGAN CHASE BANK COX -WIFI $180.00 JPMORGAN CHASE BANK NRPA -EXAM FEE $314.00 JPMORGAN CHASE BANK QUIT BUGGIN -PEST $95.00 JPMORGAN CHASE BANK WALMART -POOL NOODLES $55.23 GEN COMMUNITY CENTER -Total $1,883.50 COX COMMUNICATIONS PHONE USAGE $30.91 FELKINS ENTERPRISES LLC BUSINESS CARDS $40.00 JPMORGAN CHASE BANK ODP -POST IT FLAGS $10.50 JPMORGAN CHASE BANK ODP- SUPPLIES $35.76 JPMORGAN CHASE BANK TOMMYS -FLEET $67.97 GEN COMMUNITY DEVELOPMENT -Total $185.14 COX COMMUNICATIONS PHONE USAGE $15.45 J & K EQUIPMENT, INC. MANLIFT RENTAL $450.00 JPMORGAN CHASE BANK AMAZON- MICROPHONES $196.00 JPMORGAN CHASE BANK AMAZON- SUBSCRIPTION $14.99 GEN CULTURE & RECREATION -Total $678.44 AEP /PSO ELECTRIC USE $21.61 OWASSO CHAMBER OF COMMERCE ECONOMIC DEVELOPMENT $11,001.67 GEN ECONOMIC DEV -Total $11,023.28 AEP /PSO ELECTRIC USE $81.35 COX COMMUNICATIONS PHONE USAGE $3.86 JPMORGAN CHASE BANK AMAZON - CAMERA $754.99 JPMORGAN CHASE BANK AMAZON -EXT CABLE $99,99 JPMORGAN CHASE BANK AMAZON -RAM $395.60 JPMORGAN CHASE BANK AMAZON -TV MOUNTS $478.49 JPMORGAN CHASE BANK DELL - LAPTOP DOCKS $828.10 JPMORGAN CHASE BANK DELL - MONITORS $2,551.84 JPMORGAN CHASE BANK DELL -PCS $3,215.65 JPMORGAN CHASE BANK DELL -SOUND BARS $446.22 2 Fund 01 GENERAL Claims List - 03/0512024 Vendor Name Payable Description Payment Amount JPMORGAN CHASE BANK HOBBY LOBBY -FRAME $57.70 JPMORGAN CHASE BANK ODP- BATTERY $98,65 JPMORGAN CHASE BANK ODP -UPS BATTERY $394.60 JPMORGAN CHASE BANK OEMA -FEES $864.38 JPMORGAN CHASE BANK OFFICE DEPOT -UPS $97,99 JPMORGAN CHASE BANK OK EMERG -DUES $51.80 JPMORGAN CHASE BANK SAMS -TV & SOUNDBAR $5,271.02 JPMORGAN CHASE BANK SHI- LICENSES $922.14 JPMORGAN CHASE BANK SUMNER -COLOR COPIES $111.31 GEN EMERG PREPAREDNESS -Total $16,725.88 COX COMMUNICATIONS PHONE USAGE $30.91 JPMORGAN CHASE BANK STAPLES- SUPLIES $90.38 UNIFIRST HOLDINGS LP UNIFORM SERVICES $43.70 UNITED STATES CELLULAR CORPORATION PW CELL PHONES $31.65 GEN ENGINEERING -Total $196.64 COX COMMUNICATIONS PHONE USAGE $30.91 JPMORGAN CHASE BANK SAVOW ENVELOPES $570.00 SUMNERONE INC COPIER SERVICES $53.00 GEN FINANCE -Total $653.91 AEP IPSO ELECTRIC USE $3,163.96 JPMORGAN CHASE BANK AMER WASTE- DISPOSAL $119.54 LEE BHM CORP PUBLICATION $74.27 GEN GENERAL GOVERNMENT -Total $3,357.77 AEP /PSO ELECTRIC USE $97.13 COX COMMUNICATIONS PHONE USAGE $3.86 JPMORGAN CHASE BANK DELL - LAPTOP ($50.00) JPMORGAN CHASE BANK DELL -PC $964.43 JPMORGAN CHASE BANK LOWES- TOILET REPAIR $31.94 GEN HISTORICAL MUSEUM -Total $1,047.36 JPMORGAN CHASE BANK SUNDANCE -COPY PAPER $154.80 GEN HR -CHAR INITIATIVE -Total $154.80 COMMUNITYCARE EAP EAP FEE $468.00 COX COMMUNICATIONS PHONE USAGE $15.45 JPMORGAN CHASE BANK AMAZON -DOCK STATION $182.35 JPMORGAN CHASE BANK AMAZON -RAM & HDD $243.82 JPMORGAN CHASE BANK AMAZON - WARRANTY $29.99 JPMORGAN CHASE BANK FACEBOOK- ADVERTISE $55.00 JPMORGAN CHASE BANK FMCSA -QUERY FEES $125.00 JPMORGAN CHASE BANK INDEED- ADVERTISE $43.27 JPMORGAN CHASE BANK MEETING EXP 02105 $40.70 3 Claims List - 03/05/2024 Fund Vendor Name Payable Description Payment Amount 01 GENERAL JPMORGAN CHASE BANK ODP- SUPPLIES $4.90 JPMORGAN CHASE BANK SAMS- SUPPLIES $20,78 JPMORGAN CHASE BANK STRATA - MAGAZINES $1,096.71 JPMORGAN CHASE BANK WAVE -EMPY DEVELOP $2,840.00 GEN HUMAN RESOURCES -Total $765.93 $5,165.97 AT &T MOBILITY PUBLIC SAFE WIRELESS $83.35 COX COMMUNICATIONS PHONE USAGE $23.18 GRAYBAR ELECTRIC CO, INC NETWORK CABLE $274.42 JPMORGAN CHASE BANK AMAZON - EXTING MOUNTS $40.28 JPMORGAN CHASE BANK COX - INTERNET $100.05 JPMORGAN CHASE BANK EBAY- CABLES $29,99 JPMORGAN CHASE BANK EBAY -SFPS $30.00 JPMORGAN CHASE BANK GRAYBAR - SUPPLIES $221.59 JPMORGAN CHASE BANK HOME DEPOT -CABLE PLAT $49.85 JPMORGAN CHASE BANK M &M- PLYWOOD $58.49 GEN INFORMATION TECH -Total $765.93 $911,20 COX COMMUNICATIONS PHONE USAGE $30.91 JPMORGAN CHASE BANK DOLLAR GEN -EMP RELAT $38.00 JPMORGAN CHASE BANK HOBBY LOBBY -EMP RELAT $88.08 JPMORGAN CHASE BANK MEETING EXP 02/07 $14.40 JPMORGAN CHASE BANK NFPA- MEMBER RENEW $175.00 JPMORGAN CHASE BANK NOTHING BUNDT -EMP REL $56.00 JPMORGAN CHASE BANK ODP- LABELS $26.61 JPMORGAN CHASE BANK ODP- SUPPLIES $52.08 JPMORGAN CHASE BANK REASORS -EMP RELAT $71.39 JPMORGAN CHASE BANK SAMS- SUPPLIES $69,88 JPMORGAN CHASE BANK STAPLES -KEY TAGS $12.36 JPMORGAN CHASE BANK WALMART -EMP RELAT $131.22 GEN MANAGERIAL -Total $765.93 COX COMMUNICATIONS PHONE USAGE $15.45 SUMNERONE INC COURT PRINTER $1,673.00 YOUTH SERVICES OF TULSA FY24 YOUTH COURT $4,125.00 GEN MUNICIPAL COURT -Total $5,813.45 AEP /PSO ELECTRIC USE $1,931.33 COX COMMUNICATIONS PHONE USAGE $3.86 DALE & LEES SERVICE INC REDBUB HVAC REPAIR $344.63 JPMORGAN CHASE BANK ADT- SECURITY $49.03 JPMORGAN CHASE BANK AMAZON -DOOR CONTROL $211.90 JPMORGAN CHASE BANK AMAZON- FAUCET REPAIR $418.80 JPMORGAN CHASE BANK ATWOOD- SUPPLIES $17.99 JPMORGAN CHASE BANK CORNERSTONE- BRACKETS $5.68 4 Claims List - 03/05/2024 Fund Vendor Name Payable Description Payment Amount 01 GENERAL JPMORGAN CHASE BANK CORNERSTONE -KEYS $32.27 JPMORGAN CHASE BANK CORNERSTONE- SUPPLIES $75.80 JPMORGAN CHASE BANK DELL -PC $964.43 JPMORGAN CHASE BANK HOME DEPOT- MORTAR MIX $7.33 JPMORGAN CHASE BANK LOCKE -PARTS $224.90 JPMORGAN CHASE BANK LOWES- REPAIR PARTS $26.94 JPMORGAN CHASE BANK LOWES- SOFTBALL WALL $61.43 JPMORGAN CHASE BANK LOWES- SPRAYER $16.98 JPMORGAN CHASE BANK LOWES- SUPPLIES $12.63 JPMORGAN CHASE BANK P &K -MOWER $16.00 TREASURER PETTY CASH EXP REIMB -D WARREN $5.45 GEN PARKS -Total $4,427.38 AEPlPSO ELECTRIC USE $300.04 ITOUCH BIOMETRICS LLC LICENSE SOFTWARE $1,980.00 GEN POLICE COMMUNICATIONS -Total $2,280.04 TYLER TECHNOLOGIES, INC. CAD SOFTWARE $1,044.00 GEN POLICE SERVICES -Total $1,044.00 FLEET FUELS LLC FUEL $332.73 JPMORGAN CHASE BANK P &K- SUPPLIES $114.24 JPMORGAN CHASE BANK PSI - TRAINING $95.00 JPMORGAN CHASE BANK STANDARD - SUPPLIES $1,990.26 UNIFIRST HOLDINGS LP UNIFORM SERVICES $149.84 GEN STORMWATER -Total $2,682.07 TREASURER PETTY CASH CC DEP REF -567 WORK $50.00 TREASURER PETTY CASH CC DEP REF -HEARN $50.00 TREASURER PETTY CASH CC DEP REF - LANDER $50.00 TREASURER PETTY CASH CC DEP REF -LO $100.00 TREASURER PETTY CASH CC DEP REF -MACH $50.00 TREASURER PETTY CASH CC DEP REF - PETTEY $200.00 TREASURER PETTY CASH CC DEP REF -TABER $100.00 TREASURER PETTY CASH CC DEP REF - THOMAS $100.00 TREASURER PETTY CASH REDBUD REF - RICHARD $200.00 TREASURER PETTY CASH USER FEE REF - RICHARD $100.00 GENERAL -Total $1,000.00 GENERAL -Total $94,295.57 20 AMBULANCE SERVICE EMS TECHNOLOGY SOLUTIONS, LLC RFID LABELS $515.00 ESO SOLUTIONS INC LEXIPOL INT SOFTWARE $701.39 EXCELLANCE, INC M2 $259.42 JPMORGAN CHASE BANK ADVANCE -WIPER BLADES $26.78 JPMORGAN CHASE BANK AMAZON - WEBCAM $62.99 5 Claims List - 03/05/2024 Fund Vendor Name Payable Description Payment Amount 20 AMBULANCE SERVICE JPMORGAN CHASE BANK BOUND TREE - SUPPLIES $207.48 JPMORGAN CHASE BANK CAPITAL WASTE- DISPOSA $339.20 JPMORGAN CHASE BANK FIRE SERV -PALS CARDS $22.00 JPMORGAN CHASE BANK FULLERTON -02 $190.00 JPMORGAN CHASE BANK INTERSTATE - BATTERIES $207.00 JPMORGAN CHASE BANK LIFE ASSIST- SUPPLIES $8,695.51 JPMORGAN CHASE BANK MEDLINE- SUPPLIES $252.00 JPMORGAN CHASE BANK NATION REG -APP $160.00 JPMORGAN CHASE BANK ONSPOT -CHAIN REPAIR $329.01 JPMORGAN CHASE BANK TELEFLEX- SUPPLIES $2,010.50 JPMORGAN CHASE BANK ZOLL- SUPPLIES $1,012.60 MEDICLAIMS INC BILLING SERVICES $16,123.42 ZOLL MEDICAL CORP SUPPLIES $859.36 AMBULANCE -Total FIRE STAT #2 RENOVATION -Total $31,973.66 JPMORGAN CHASE BANK AMAZON -ST2 NETWORKING $1,048.86 JPMORGAN CHASE BANK CORNERSTONE -GRILL ST2 $769.97 JPMORGAN CHASE BANK GRAYBAR -CABLE REMODEL $1,361.96 JPMORGAN CHASE BANK LOWES -ST2 REMODEL $297.47 JPMORGAN CHASE BANK LOWES- SUPPLIES $114.94 JPMORGAN CHASE BANK POLYWOOD -PATIO TABLE $2,549.00 LIMESTONE CONSTRUCTION LLC FIRE ST 2 REMODEL $478,948.93 HOTEL TAX ECON DEV -Total FIRE STAT #2 RENOVATION -Total COX COMMUNICATIONS PHONE USAGE $485,091.13 AMBULANCE SERVICE -Total JPMORGAN CHASE BANK SAVON- FOLDERS $517,064.79 21 E -911 COX COMMUNICATIONS Tt CIRCUITS $229.00 DEPARTMENT OF PUBLIC SAFETY OLETS ACCESS $680.00 JPMORGAN CHASE BANK AMAZON -POWER JACK $6.57 JPMORGAN CHASE BANK DELL - BATTERY $128.99 JPMORGAN CHASE BANK EBAY - LAPTOP $9,99 JPMORGAN CHASE BANK PEOPLECOM -POWER JACK $34.95 JPMORGAN CHASE BANK STAPLES -COPY PAPER $135.57 LUCIAN BODE TUITION REIMBURSEMENT $403.50 THOMAS ALAN HOFFMANN MMPI FEES $125.00 E911 COMMUNICATIONS -Total $1,753.57 E -911 -Total $1,753.57 25 HOTEL TAX OWASSO CHAMBER OF COMMERCE ECONOMIC DEVELOPMENT $8,165.00 HOTEL TAX ECON DEV -Total $8,165.00 COX COMMUNICATIONS PHONE USAGE $7,73 JPMORGAN CHASE BANK NATION PEN - SUPPLIES $268.40 JPMORGAN CHASE BANK SAVON- FOLDERS $785.00 STRONG NEIGHBORHOODS -Total $1,061.13 Claims List - 0310512024 Fund Vendor Name Payable Description Payment Amount 25 HOTEL TAX -Total $9,226.13 27 STORMWATER MANAGEMENT BECK ASSOCIATES ARCHITECTS, PLLC DESIGN SERVICES $20,800.00 PW BLDG DETENTION POND -Total STORMWATER- STORMWATER -Total $20,800.00 AEP IPSO ELECTRIC USE $563.26 CLEARWATER POND MANAGEMENT LLC CAMELOT POND SVCS $200.00 COX COMMUNICATIONS PHONE USAGE $7.73 JPMORGAN CHASE BANK ADVANCE - SUPPLIES $9.44 JPMORGAN CHASE BANK BROWN FARMS -SOD $110.00 JPMORGAN CHASE BANK CORE&MAIN- SUPPLIES $436.00 JPMORGAN CHASE BANK DELL - LAPTOPS $1,976.70 JPMORGAN CHASE BANK ESRI- LICENSE $760.81 JPMORGAN CHASE BANK FENSCO -MAINT SUPPLIES $110.75 JPMORGAN CHASE BANK HOME DEPOT -MAINT SUPP $26.64 JPMORGAN CHASE BANK INTER EZ UP -TENT CASE $165.66 JPMORGAN CHASE BANK LOT 109 - PARKING $6.00 JPMORGAN CHASE BANK LOWES -MAINT SUPPLIES $199.42 JPMORGAN CHASE BANK UNITED - RENTALS $2,184.06 JPMORGAN CHASE BANK WHITE STAR -MAINT SVCS $193.30 UNIFIRST HOLDINGS LP UNIFORM SERVICES $12.43 UNITED STATES CELLULAR CORPORATION PW CELL PHONES $31.65 7 STORMWATER- STORMWATER -Total $6,993.85 STORMWATER MANAGEMENT -Total $27,793.85 31 AMBULANCE CAPITAL JPMORGAN CHASE BANK CORNERSTONE - ALERTING $7.59 JPMORGAN CHASE BANK HOME DEPOT -ST2 ALERT $94.75 JPMORGAN CHASE BANK LOWES -ST2 ALERTING $25.96 US DIGITAL DESIGNS INC ST 1 &2 OTHER SETUPS $355.60 STATION ALERTING SYSTEM -Total $483.90 AMBULANCE CAPITAL -Total $483.90 37 SALES TAX FIRE LIMESTONE CONSTRUCTION LLC FIRE ST 2 REMODEL $115,566.94 FIRE STAT #2 RENOVATION -Total $115,566.94 AEP /PSO ELECTRIC USE $3,763.75 CON10GENCY CONSULTING LLC RESCUE HELMETS $6,460.23 COX COMMUNICATIONS PHONE USAGE $127.50 EMS TECHNOLOGY SOLUTIONS, LLC 4 RFID UNITS $4,950.00 ESO SOLUTIONS INC LEXIPOL INT SOFTWARE $701.38 JPMORGAN CHASE BANK ADOBE- LICENSE $419.88 JPMORGAN CHASE BANK AMER WASTE- DISPOSAL $86.52 JPMORGAN CHASE BANK AUTOZONE- SUPPLIES $31.01 JPMORGAN CHASE BANK CAMFIL -AIR FILTERS $210.92 JPMORGAN CHASE BANK CHEWY -K9 FOOD $47.48 7 Claims List - 03/05/2024 F:? Fund Vendor Name Payable Description Payment Amount 37 SALES TAX FIRE JPMORGAN CHASE BANK CONRAD FIRE- REPAIR $784.64 JPMORGAN CHASE BANK CORNERSTONE -SCBA TOOL $11.99 JPMORGAN CHASE BANK DECKED STORAGE - REFUND ($178.56) JPMORGAN CHASE BANK DECKED STORAGE - UPFITT $2,002.50 JPMORGAN CHASE BANK HOME DEPOT - LUMBER $37.92 JPMORGAN CHASE BANK HOME DEPOT -MAINT $19.97 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $378.26 JPMORGAN CHASE BANK IDENTIFIRE- STICKERS $42.98 JPMORGAN CHASE BANK INTERSTATE - REMOTES $23.80 JPMORGAN CHASE BANK LOWES -BOLTS $5.94 JPMORGAN CHASE BANK LOWES- SUPPLIES $510.14 JPMORGAN CHASE BANK NAFECO- RESCUE EQUIP $1,779.00 JPMORGAN CHASE BANK NAFECO - UNIFORMS $6,216.22 JPMORGAN CHASE BANK OK POLICE - SHIRTS $75.96 JPMORGAN CHASE BANK OK POLICE - UNIFORMS $1,567.84 JPMORGAN CHASE BANK OREILLY -OIL CHANGE $108.02 JPMORGAN CHASE BANK OREILLY -TW4 REPAIR $75.05 JPMORGAN CHASE BANK OREILLY-VEH MAINT $63.82 JPMORGAN CHASE BANK OVERHEAD -DOOR REPAIR $2,769.00 JPMORGAN CHASE BANK OVERHEAD -ST1 REPAIR $306.00 JPMORGAN CHASE BANK PSN -ST4 WATER $129.24 JPMORGAN CHASE BANK ROBERTSON -FD3 REPAIRS $1,931.56 JPMORGAN CHASE BANK RUMBLEDRUM -CLASS $30.00 JPMORGAN CHASE BANK SAMS- SUPPLIES $872.61 JPMORGAN CHASE BANK SPECIAL OPS- UNIFORMS $443.94 JPMORGAN CHASE BANK SUMNER - COPIER $160.27 JPMORGAN CHASE BANK TIME TO SHINE -FLEET $183.52 JPMORGAN CHASE BANK TRAVEL EXP 2/10124 $108.20 JPMORGAN CHASE BANK TRAVEL EXP 2/6/24 $6.63 JPMORGAN CHASE BANK TULSAMETROW- SYMPOSIUM $50.00 JPMORGAN CHASE BANK WALMART -WIPER FLUID $3.66 SALES TAX FUND -FIRE -Total $37,318.79 SALES TAX FIRE -Total $152,885.73 38 SALES TAX POLICE GRAYBAR ELECTRIC CO, INC NETWORK CABLE $548.84 JPMORGAN CHASE BANK AMAZON -AV $29.69 JPMORGAN CHASE BANK AMAZON- CABLES $147.34 JPMORGAN CHASE BANK AMAZON -RACK SHELF $36.26 JPMORGAN CHASE BANK OFFICE DEPOT -UPS $214.99 OWASSO FENCE CO RANGE ELECT GATE $12,385.00 P.D. MULTI -USE STRUCTURE -Total $13,362.14 AEP /PSO ELECTRIC USE $4,973.24 F:? Claims List - 03/05/2024 Fund Vendor Name Payable Description Payment Amount 38 SALES TAX POLICE ASBESTOS HANDLERS, INC MOLD TESTING PD $310.00 AT&T MOBILITY PUBLIC SAFE WIRELESS $143.07 COX COMMUNICATIONS PHONE USAGE $220.22 JPMORGAN CHASE BANK ALANS FACT- CARPORT $494.40 JPMORGAN CHASE BANK AMAZON -AV TRAIN ROOM $96.62 JPMORGAN CHASE BANK AMAZON -HDD UPGRADE $155.52 JPMORGAN CHASE BANK AMAZON -PROJ SCREEN $464.74 JPMORGAN CHASE BANK CAMFIL -AIR FILTERS $196.20 JPMORGAN CHASE BANK DELL- LAPTOPS $7,906.80 JPMORGAN CHASE BANK EBAY- RECEIVERS $57.45 JPMORGAN CHASE BANK GARYS CHEM- CARPET $168.75 JPMORGAN CHASE BANK LOCKE- EMERGENCY LIGHT $21.73 JPMORGAN CHASE BANK RLI INSUR- NOTARY BOND $30.00 JPMORGAN CHASE BANK SAMS -SOUND BAR $199.00 JPMORGAN CHASE BANK STAPLES -COPY PAPER $135.57 SALES TAX FUND - POLICE -Total $15,573.31 SALES TAX POLICE -Total $28,935.45 39 SALES TAX STREETS AEP IPSO ELECTRIC USE $2,916.65 COX COMMUNICATIONS PHONE USAGE $7,73 FLEET FUELS LLC FUEL $332.73 FULLERTON HYDRO -TEST INC. CYLINDER LEASE FY24 $75.00 JPMORGAN CHASE BANK ANCHOR STONE -ROCK $204.85 JPMORGAN CHASE BANK APAC- ASPHALT $373.56 JPMORGAN CHASE BANK ATWOOD- SUPPLIES $555.21 JPMORGAN CHASE BANK CRAFCO- SUPPLIES $630.00 JPMORGAN CHASE BANK EQUIP ONE -MAINT SUPP $25.75 JPMORGAN CHASE BANK GADES SALE -MAINT SUPP $2,588.00 JPMORGAN CHASE BANK HOME DEPOT -MAINT SUPP $43.48 JPMORGAN CHASE BANK INTERSTATE- SUPPLIES $362.30 JPMORGAN CHASE BANK LOWES -MAINT SUPPLIES $44.72 JPMORGAN CHASE BANK LOWES - SUPPLIES $136.76 JPMORGAN CHASE BANK LOWES -TOOLS $5432 JPMORGAN CHASE BANK TAPCO - SHIPPING $53.98 JPMORGAN CHASE BANK TWIN CITIES- CONCRETE $2,612.00 JPMORGAN CHASE BANK VANCE BROS -MAINT SUPP $247.50 TREASURER PETTY CASH C CHESHIER -CDL RENEW $118.56 TULSA COUNTY HIGHWAY CONSTRUCTION SCHOOL ZONE SIGNS $486.40 UNIFIRST HOLDINGS LP UNIFORM SERVICES $264.02 WASHINGTON CO RURAL WATER DISTRICT 116 LANDSCAPE IRRIG $111.57 SALES TAX FUND-STREETS -Total $12,245,09 SALES TAX STREETS • Total $12,245.09 N Claims List - 03/05/2024 Fund Vendor Name Payable Description Payment Amount 40 CAPITAL IMPROVEMENTS GARVER ENG SVCS - 96TH ST $2,630.25 96TH FROM 134TH TO 145TH -Total $2,630.25 DOERNER, SAUNDERS, DANIEL & LEGAL SERVICE FEES $297.00 GARVER ENG SVCS - 106 &129 $1,140.75 CIP 1061129 INTERSECT IMP - Total $1,437.75 GARVER ENG SVCS - 96 & 145TH $4,064.00 UNIVERSAL FIELD SERVICES INC ROW ACQUISITON SVCS $937.35 CIP 961145TH INTERSECT -Total $5,001.35 LIMESTONE CONSTRUCTION LLC FIRE ST 1 REMODEL $81,253.50 FIRE STAT #1 RENOVATION -Total $81,253.50 CAPITAL IMPROVEMENTS -Total $90,322.85 70 CITY GARAGE AEP /PSO ELECTRIC USE $1,280.69 COX COMMUNICATIONS PHONE USAGE $15.45 FULLERTON HYDRO -TEST INC. CYLINDER LEASE FY24 $350.00 JPMORGAN CHASE BANK AMAZON- SUPPLIES $8.36 JPMORGAN CHASE BANK AMERIFLEX -HOSE $82.90 JPMORGAN CHASE BANK BASS PRO -PARTS $548.54 JPMORGAN CHASE BANK BASS PRO- REFUND ($274.27) JPMORGAN CHASE BANK BATTERIES - BATTERIES $9.08 JPMORGAN CHASE BANK CONRAD FIRE -PARTS $874.77 JPMORGAN CHASE BANK DITCH WITCH -PARTS $167.64 JPMORGAN CHASE BANK FASTENAL- SUPPLIES $19.19 JPMORGAN CHASE BANK FEDEX- POSTAGE $24.39 JPMORGAN CHASE BANK FEDEX- SHIPPING $3.46 JPMORGAN CHASE BANK HESSELBEIN -TIRES $886.70 JPMORGAN CHASE BANK HOOTEN -OIL $2,351.05 JPMORGAN CHASE BANK INDUSTRIAL TRUCK -PART $784.16 JPMORGAN CHASE BANK JIM GLOVER - REPAIR $2,539.73 JPMORGAN CHASE BANK OSI -OIL FILTER $35.00 JPMORGAN CHASE BANK SAMS- SUPPLIES $62.68 JPMORGAN CHASE BANK SAVON- DECALS $270.00 JPMORGAN CHASE BANK SAVON -PARTS $150.00 JPMORGAN CHASE BANK TERMINAL -BENCH STOCK $141.15 JPMORGAN CHASE BANK UNITED FORD -PARTS $567.20 JPMORGAN CHASE BANK WHITE STAR -PARTS $227.99 JPMORGAN CHASE BANK YELLOW HOUSE -PARTS $265.08 UNIFIRST HOLDINGS LP VEHICLE MAINT UNIFORM $84.50 VEHICLE MAINTENANCE -Total $11,475.44 CITY GARAGE -Total $1147544 76 WORKERS' COMP SELF -INS ARTHUR J GALLAGHER WORKERS COMP AUDIT $10,273.00 10 Claims List - 03105/2024 Fund Vendor Name Payable Description Payment Amount 76 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS $4,255.25 WORKERS' COMP SELF -INS -Total $14,528.25 WORKERS' COMP SELF -INS -Total $14,528.25 77 GENERAL LIABILITY- PROPERT BRENDA MONTGOMERY TORT CLAIM $458.59 HALL, ESTILL, HARDWICK, GABLE, LEGAL SERVICE FEES $550.20 JPMORGAN CHASE BANK OK GLASS - INSTALL $499.63 GEN LIAB -PROP SELF INS -Total $1,508.42 GENERAL LIABILITY - PROPERT -Total $1,508.42 78 HEALTHCARE SELF INS FUND JPMORGAN CHASE BANK ROGUE - FITNESS ROOM $3,228.67 JPMORGAN CHASE BANK SAMS- SUPPLIES $105.09 JPMORGAN CHASE BANK TITAN DIST- FITNESS RO $258.01 JPMORGAN CHASE BANK TKO STRENGTH - FITNESS $875.00 JPMORGAN CHASE BANK WALMART- SUPPLIES $20.02 WELLNESS -Total $4,486.79 HEALTHCARE SELF INS FUND -Total $4,486.79 City Grand Total $967,005.83 11 TO: The Honorable Mayor and City Council FROM: Earl Farris, Project Administrator SUBJECT: Acceptance of Infrastructure Improvements at Hawks Landing DATE: March 1, 2024 BACKGROUND: The subject residential development is located east of North 145th East Avenue on East 76th Street North. There are two entrances into the development, North 154th East Ave and North 155th East Avenue. Infrastructure improvements include asphalt roads, sidewalks,'stormwater, and sanitary sewer system improvements at Hawks Landing. FINAL INSPECTIONS: Final inspections for all infrastructure components were completed in February 2024, by the Public Works Department. All standards for acceptance have been met. Additionally, the construction contractor and design engineer have supplied the necessary two -year maintenance bonds and required as -built drawings. RECOMMENDATION: Staff recommends acceptance of public infrastructure improvements located at Hawks Landing. ATTACHMENTS: Location Map City Attorney approved bonds Rogers County Rural Water 3 Approval letter Hawks Landing 1" =1203 ft Location Map 02/23/2024 This map may represents a visual display of related geographic information. Data provided hereon is not guarantee of actual field conditions. To be sure of complete accuracy, ease contact the responsible for y p staff most up-to -date information. Eaton, Steven From: Wingert Shellie Sent: Tuesday, January 16, 2024 4:12 PM To: Eaton, Steven Cc: Farris, Earl; Wingert Shellie Subject: RE: Hawks Landing Paving Hello Steven, I have reviewed the Hawks Landing Paving maintenance bond at your request. The attorney -In -fact signature is authorized, the surety is licensed to do business in Oklahoma, and the amount of the bond Is well within the surety's $22,325,000.00 underwriting limitation. Therefore, the bond is approved. Thank you, Shellie Sheilie Wingert Legal Assistant City of Owasso 200 S. Main Street Owasso, OK 74055 swi npert @c Itvofowasso. com 918 - 376 -1548 From: Eaton, Steven <seaton @CltyOfOwasso.com> Sent: Tuesday, January 16, 2024 4:08 PM To: Wingert Shellie <swingert @cityofowasso.com> Cc: Farris, Earl <efarrls @CityOfOwasso.com> Subject: Hawks Landing Paving Shellfe, I am sending a maintenance bond for review. Would you please reply with your findings. Thankyou, Steven Eaton City of Owasso Infrastructure Inspector seaton (a)citvofowasso.com Phone 918- 272 -4959 Cell 918 -693 -3979 Maintenance Bond PRIVATE, LI(FINANCE, D PUBLIC IMPROVE MEWS Bond No: 9444881 ISNOW ALL MEN BY THESE PRESENTS, That we as Principal (Developer and Contractor), and Ptdellty and Deposit Company cf Maryland as Surety, are held and firmly bound unto the City of Owasso, Oldahoma, as Obligee, in the penal Sam of' Four Hundred Forly rot Two Hundred El ft Five end"ifthich payment will and holy to be made we do bind ourselves, and each of our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents. WHEREAS, the Principal will furnish a bond conditioned to guarantee, for the period of TWO YEARS after final approval of the Ilawks landnp SubdlHaon Aaph all PaArq, Cab and G dd1, Sidmaas Ead 70il, SL, Cwa,aa, GS a privately fmanced public improvement, and acceptance of such by the City Council of the City of Owasso, Oklahoma, against all defects in workmanship and materials which may become apparent in such privately financed public improvement during said period, NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that the Principal and /or Surety shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship in the privately financed public improvement which may become apparent during the said period. SIGNED, SEALED, AND DATED: December 6, 2023 APAC - Control, Inc, dba Dunham's Asphalt Semites , Principal and Deposit Company of Maryland Surety BY: Attorney -in -Fact Kimberly U onard Attach Power of Attorney ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OFMARYLAND POWER OF ATTORNEY ffidOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of Nov York the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the 11Companid), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force mid effect on the date hereof, do hereby nominate, constitute, and appoint Klmberly Leonard its trite and lawful agent and Attorney -in -Fact, to make, execute, sent will deliver, fur, and on its bcbnlr as surety, turd as Its act and deed: any and all bonds and underlolrhigs, and the execution of such bonds or undertakings in pursuance ofthcsc presents, shall be as binding upon said Companies, as Rdly end amply, to all intents and purposes, as If they bad been duty executed and aclutowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at Its office in Now York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own properpersons. The sold Vice President does hereby certify, thut the "treat set forth on tine reverse side hereof is a into copy of Adicle V, Section 8, of the Ey -Laws of said Companies, and Is now in force. IN WITNESS WHEREOF, the said Vice- President has hereunto subscribed his/her mmmis and affixed file Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 27th day of September, A,D, 2023. By: Robert Murray Pica Plastident 61 Darva R. Drorws Secretary ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTYAND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND State of Maryland County Of Baltimore On this 27th day of September, A.D. 2023, before the subscriber, a Nolaty Public of tine Slate of Maryland, duly commtssiuned and qualified, Robert D. Murray, Vice Proddent and Dawn E, Drawn, Secretary of Una companies, to me personally known to be the individuals and officers described in and who executed file preceding instmment, and acknowledged the execution of same, and being by me duty sworn, doposeth and sa81t, thathelsbe Is tine sold officer of the Company aforesaid, and that the seats atlracd to the preceding instrument are the Corporate Seats of said Campanios, and that the said Coryomto Seals and the signature as ouch officer were duty affixed and subscribed to the said instrument by the authority and direction of the held Corporations. IN TESTIMONY WHEREOF, I lave hereunto set my hand and offised my Official Seal the day and year first above written. EXTRACT FROM BY -LAWS OF TI-I E COMPANIES "Article V, Section 8, Attorneys -in -Fact The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instmmom under the attested corporate seal, appoint atlomoys -in -fact with authority to execute bonds, politics, recognizanees, stipulations, undertakings, or other like instruments on behalf of ilia Company, and may authorize any officer or any such atlouay -In-fact to affix the corporate seal thereto; rmd may with or without cmisc modify of revoke any such appointment or authority at ally time." CERTIFICATE I, ilia undersigned, Vice President of the -ZURICIT AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SIJWPY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is 'still in full force and effort on tine date orthis certificate; and I do further certify flint Article V, Section 8, of ilia By -Laws of tine Connpmdcs is still in farce. This Powcr of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of ilia Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly tolled and held on the 15th day of December 1998. RESOLVED: "'That the signature of the President or a Vice President and ilia infesting signature of it Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Anal say ...Any such Power or any certificate thereof bearing such facsimile signature and suit] shall lie valid and binding oil the Company." This Power of Aitomoy and Cortilicate may be signed by facsimile under and by authority of ilia following resolution of the Bonnl of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at it meeting duty called and held on (lie 5th day of May, 1994, and the following resolution of Ilia Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting (fitly called and held on tiro 10th dayof May, 1990. RESOLVED: "flint ilia fucsimilo or mectanicallyruprodueed seal of ilia company and faesbnile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney Issued by the Company, shall be valid and binding ,Pon the Company with ilia same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Cmnpanies, this 6th day of December 1. 2023 Thomas 0. McClellan Vice President TO REPORT A CLAIM WITH REGARD TO A SURE TV BOND, PLEASE SUBMIT COMPLETE DESCRIPTION OT THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196 -1056 www. renortsfclaims(eiizttricima.com 800 - 626 -4577 Eaton, Steven From: Wingert Shellie Sent: Tuesday, January 16, 2024 3:17 PM To: Eaton, Steven; Lombardi, Julie Cc: Farris, Earl Subject: RE: Hawks Landing Hello Steven, I have reviewed the Hawks Landing maintenance bond at your request. The attorney -in -fact signature is authorized, the surety is licensed to do business in Oklahoma, and the amount of the bond Is well within the surety's $10,823,000.00 underwriting limitation. Therefore, the bond Is approved. Thank you, Shellie Shullle Wingert Legal Assistant City of Owasso 200 S. Main Street Owasso, OK 74055 swinpert cil ofowassoxom 918 -376 -1546 From: Eaton, Steven <seaton @CltyOfOwasso.com> Sent; Tuesday, January 16, 2024 3:09 PM To: Lombardi, Julie <JLombardl @CityOfowasso.com> Cc: Wingert Sheille <swingert @cltyofowasso.com >,, Farris, Earl <efarris @Clty0f0wasso.com> Subject: Hawks Landing Ms, Lombardi, I am sending a maintenance bond for review. Would you please reply with your findings. Thank you, Steven Eaton City of Owasso Infrastructure Inspector seaton @cltyofowasso.co m Phone 918-272-4959 Cell 918- 693 -3979 The Gnry Insurance Company Telephone; 504- 754 -6711 The Gray Casualty & Suroly Company P.O. Box 6202 Infa©graysurely.com Metairie, LA 70009 Maintenance Bond Bond KNOW ALL PERSONS BYTHESE PRESENTS, thatwe, Pinney DuzerService LLC as Principal and The GGray Casualty & Surety Company a Louisiana corporation, as Surety, are held and firmly bound unto Chy of Owasso __ as Obligee, In the sum of: Seven Hundred Forty -three Thousand Two Hundred Forty -three & 001100 $ 743,243 -g0 for the payment whereof said Principal and Surety bind themselves, Jointly and severally, as provided herein. WHEREAS, Principal has entered into a contract with Obligee, dated ( "Contract ") for: Sanitary Sewer,_ Stormwater infmsiruoture and Subgrade Work at Hawks Landing,_ Owasso NOW, THEREFORE, the condition of this obligation Is such that if Contractor shall maintain and remedy sold Work free from defects in materials and workmanship ( "Maintenance Work") for a period of year(s) 2 commencing on TBD ( the "Maintenance Period"), then this obligation shall be null and void; otherwise it shall remain In full force and effect, 1. If there Is no owner Default, the Surety's obligation under this Bond shall arise after: 1.1. The Owner has provided written notification to the Contractor and Surety at Its address shown on the signature page that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and Surety to be held not later than fifteen (15) days after receipt of such notice to discuss methods of performing the Maintenance Work. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Maintenance Work, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 1.2, The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the Maintenance Work. Such Contractor Default shall not be declared earlier than twenty (20) days after the Contractor and Surety have received notice as provided In Subparagraph 1.1, 2. When the Owner has satisfied the conditions of Paragraph 1 above, the Surety shall promptly take one of the following actions; 2.1. Arrange for the Contractor, with consent of the Owner, to perform and complete the Maintenance Work; or 2.2. Undertake to perform and complete the Maintenance Work Itself, through Its agents or through Independent contractors; or 2,3. Waive Its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 23.1. After Investigation, determine the amount forwhlch it Is liable to the Owner, and as soon as practicable after the amount Is determined, tender payment therefor to the Owner; or 2.3.2. Deny liability in whole or ki part and notify the Owner citing reasons therefor. 3, if the Surety does not proceed as provided in Paragraph 2, the Surety shall be deemed to be In default on this Bond fifteen (15) calendar days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform Its obligations under this Bond, and the Owner shill be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 2.3, and the Owner refuses the payment tendered, or the Surety has denied liability, In whole or in part, without further notice, the Owner shall be entitled to enforce any remedy available to the Owner. R. After the Owner has terminated the Contractor's right to complete the Maintenance Work, and if the Surety elects to act under Subparagraph 2.1 or 2.2 above, then the responsibilities of the Surety to tine Owner shall not be greater than those of the Contractor and are limited to the amount of this Bond. The Surety is obligated without duplication for the responsibilities of the Contractor for correction of the defective woric only. 5. The aggregate liability of the Surety under this Bond shall not exceed the penal amount of this Bond. B. the Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract. No right of action shall accrue on this Bond to any person or entity other than the Owner or Its heirs, executors, administrators or successors. 7. Any suit under this Bond shall be commenced no later titan one (1) year from the expiration of tine Maintenance Period, If the limitation of this Paragraph is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law, and said limitation shall be deemed to have accrued and shall commence to run on the expiration date of the Maintenance Period. 8. Definitions 8.1. Construction Contract: The agreement between the Owner and Contractor identified above Including all Contract Documents and changes thereto. 8.2. Owner Default; Failure of the Owner, which has neither been remedied norwalved, to pay the Contractor as required by the Construction Contract, or to perform and complete or comply with the other terms thereof. Signed and sealed this 21st . day of December , 2023 Pinney Dozer Service LLG The Grey Casually & Surety Company Principal Vicki Wilson Attornev -in -Fact Page 12 Rick &Cnandll 10/03/2023 10:30 539,1601201143 THE GRAY INSURANCE COMPANY THE CRAY CASUALTY & SURETY COMPANY GENERAL POWER OF ATTORNEY Bond Numbers GSA00400010 Princpmh Pinney Dozer Service LLO Project; City of Owasso maintenance bond - Soldiery Sower, Stormwater Infrastructure and Subgrade Work at Hawks Landing, Owasso KNOW ALL DY TH1 ?SE PRESENI'S, TIiAT TIro Gray Insurance Company ast'u'te Croy casualty & Surely Company, corporations duty organized and existing under I]je Imes ufLmdsinnu, and having their principal offices In Moulds, Louisiana, do hereby matte, conastitalo, and eppolnt: Joshoa Bryan, Kristin Lewis, Joists K. Deer, Gory Liles, Stephen Mtchnal Podemml, Beclty, Rillntmt, Austin K. Grecedunv, Shelll R. Seusol, Deboish L. Raper, Tbonms Penpnnit, Randy D. Webb, Chrlstopito• Wiilinm Webb, Sells Leotard, Corny Ketnema•, Vield Wilson, Travis B. Brovu, Vaughn Orations Jr., ityall Toubner, Drlor Story, D. Asti-all Woolsey, Janie Burris, and John McClellan urTillso, Oldnhunm jointly and severally onbaludfofenelt of the Companies named above its live tilt([ lawful Atfonnoy(s) -in -pact, to make, execute, sent ' and deliver, fe• and on Its bottalfnnd as Its treat!, bonds, or o icr writings obligatory in ilia nature ofn bunt!, as surely, contracts of soretysidp us taro or nay ba required or pemillod by law, regulation, conirnet or otherwise, provltted [lint no bond or undcdnkbngor contract ofsarelysbip Melded wider Ibis solitarily shall exceed Ilia amount 01$25,000,000.00. Tills Power of Attorney Is granted and Is signed by facsimile under and by ilia an0;orky of the following Resolutions adopted by Ilia nouns or Directors or both '1110 Only Insunoce Company and Ilia Gray Casually & Surety Company at meetings duty called and laid oil Ilia 20 day of June, 2003. thin Ibe Prosidenn, Exccnldve Vice Presklod, nay Vice President, or the Seconmy be not[ cncb orally of (]join basally Is authorized to execute it powor of Atiumoy qualifying ilia attorney named In file givon Power of Attorney to execute on bo0nlfofthe Coapsny bends, undertakings, and all collects ofsurely, and that ants or any of then is hereby amhorized to looid to ilia execution ofsucb Power of Auomey, and to attach Ibe sell orlhe Company; and it is Flint IER RESOLVED, thin the signnlove orsueh officers slid tba seal of the Company may be affixed to anystmin Power of Attorney or to ally ccitif;cale reia0ng dtevlo by fncsindle, and o y aah Power ofAttomoy or certificate betirhng such facsiunile signature or I'acsindle seat shall he binding upon ilia Company now and In the filing when so affixed with regard to oily bond, undertaking or contract ofsurety In which It Is loathed. IN WITNESS WIIEREOP, The Gray Insurance Company and The Gray Qnuadty, & Surety Connpnny have caused their official scale to he herelnlo 7S' ne""" to bo signned by (hcir a /tnhnrivsd officam this 4o't(ay of Novcutber, 2022. ' Michael T, Cray I'reshloni Cullen S. Piska 'Ilia Gray hnsomoce Company ]'resided Sink of Loulsians The Gray Casualty & Surely Company as: Parlsk of3eB'omom On this 411- day ofNoveniber, 2022, before tile, n Notary Public, fictionally appeared Michael T. Gray, President of l'he Gray Insurance Company, and Collins S. Piske, President of'rhe Gray Conalty, & Sorely Company, personally known to ilia, being duty swoo), acknowledged floc flay signed ilia above Power of Attorney and affixed Ilia sods of the camp isles as officers of, and acknowledged sndd tnsbnned to be file voluntary net and deed, or their congsmdcs. Leigh Anne lienicern 000110anit Notary Public Notary 10 No.92053 Lough Antic Iiodcan Pmisl, Louisiana. My Cofails,n Is foofOdcuns State ofLaulsianu My Commission Is far Lifer 1, Mark S, Meigrnio, Secretary off ix; Gray Insenueo Company, do hereby certify, tint lira above slid forgoing Is n into and correct copy of u Power of Attorney given by [lie connpaalos, witch Is stiff It Ad[ force and affect. IN WITNESS WHEREOF, I have set my hand and nnixedidaesedsoftl neCtunp,inytd32lst dayaf0scember 2023 1, Lcigli Anne ilcnicau, Secretary oYl'bo Gsny Casualty & Surety Company, du hamby certify that ilia above and forgoing is a hate slid correct copy urn Power of Attorney given by idle companies, which Is still In full Ibrce and effect. IN WITNESS WHEREOF, f hove lately baud ,red nfgxcd ilia seals ofttc Camneny tills 21st day of December 2023 Pinney AC-1-11 150 rRUCKIVV PINNEY DOZER SERVICE Office / Cell 918. 697 -8951 918-857-6522 amv. oinnevdozert@vahoo.com 2000 West Rogers Blvd. Sidatook, OIC 74070 2/2/207.4 To Whom It May Concern: THE BONDING BREAK DOWN FOR HAWKS IS AS FOLLOWS: ROAD SUB GRADE $ 95,538.00 STORM SEWER $402,405.00 SANITARY $245,300.00 $743,243.00 Sincerely Yours, Jonathan Pinney, PRESIDENT Quality on Tap Rural Water district 3 Rogers County 13277 S Ash Claremore, OK 74017 918- 341 -0851 TDD 711 mym- rwd;31. 4rpmcom January 17, 2024 Mr. Earl Farris Project Administrator Public Works Department City of Owasso 0:(918)272 -4959 efarris aaKityOfOwasso.com RE: Acceptance of Hawk's Landing by Rural Water District No.3, Rogers County Dear Mr. Farris: All water lines with Hawk's Landing have been installed, inspected, and tested in accordance with District Standard, Rural Water District No.3, Rogers County Board of Directors accepted the Hawk's Landing addition at their January Board Meeting. If you have any questions, please contact us at (918) 341 -0851. Thank you, Kelly ' g, District Manager RW No.3, Rogers County TO: The Honorable Mayor and City Council FROM: Michele Dempster, Human Resources Director SUBJECT: General Liability /Property Self- Insurance Fund Budget Amendment DATE: March 1, 2024 BACKGROUND: The General Liability /Property Self- Insurance Fund accounts for the fees paid to self- insure for general liability, property and vehicle collision risk. Funds are used to administer and pay claims of the self- insurance program. The General Liability /Property Self- Insurance Fund is also used to account for expenditures for repairs and expenses that will be reimbursed through a third -party or insurance carrier. In October 2023, the City was reimbursed $40,659.92 from Oklahoma Municipal Assurance Group, the property insurance carrier for City property. The reimbursement was for the damage which occurred at Bailey Ranch Golf Clubhouse in July of 2023. RECOMMENDATION: Staff recommends approval of a budget amendment in the General Liability /Property Self - Insurance Fund, increasing estimated revenues and the appropriation for expenditures in the General Liability /Property Self- Insurance Fund by $40,659.92. TO: The Honorable Mayor and City Council FROM: Julie Trout Lombardi, City Attorney SUBJECT: Proposed Settlement In Jeffrey Alan Traver v. City of Owasso, Case Number CJ -2023- 02070, District Court for Tulsa County DATE: March 1, 2024 BACKGROUND: On or about March 4, 2022, Jeffrey Alan Trayer was involved in a motor vehicle accident with a vehicle owned by the City of Owasso and operated by an employee. As a result, Mr. Trayer sustained bodily injury and property damage, and the City admitted fault. A lawsuit was filed by Troyer against the City of Owasso on or about June 12, 2023, in the District Court for Tulsa County, to determine the amount of damages due. The City of Owasso is represented in this matter by Keith Wilkes of Hall Estill. The proposed settlement totals ONE HUNDRED AND FIVE THOUSAND DOLLARS ($105,000.00) and shall be paid as follows: Jeffrey Alan Trayer and his law firm, Graves McLain, PLLC $100,805.13 Blue Cross Blue Shield of Texas $2,949.87 Ashlock Chiropractic $1,245.00 Total $105,000.00 PROPOSED ACTION: Approval of the proposed Settlement Agreement and authorization for the City Manager to execute the Settlement Agreement and any other ancillary necessary documents. RECOMMENDATION: Staff recommends the City Council approve the proposed Settlement Agreement in the amount of $105,000.00, and authorize the City to pay the settlement with three (3) checks as listed above. In addition, Staff further recommends authorization for the City Manager, Christopher A. Garrett, to execute the proposed Settlement Agreement and any other necessary documents. SETTLEMENT AGREEMENT AND RELEASE IN FULL OF ALL CLAIMS This Settlement Agreement and Release in Full of All Claims ( "Agreement ") is made and entered into this day of March 2024, by and between JEFFREY ALAN TRAYER ( "Trayer ") and the CITY OF OWASSO ( "Owasso ") (Trayer and Owasso are collectively referred to as the "Parties "). WHEREAS on June 12, 2023, Trayer filed a lawsuit in the District Court for Tulsa County, State of Oklahoma, Case Number CJ- 2023 -02070 ( "the Lawsuit'), alleging claims against Owasso arising out of a motor vehicle accident involving the Parties on March 4, 2022 ( "Incident'); and WHEREAS it is the desire of Trayer; on the one hand, and Owasso on the other, to amicably settle the Lawsuit, as well as any and all other claims, actions, liabilities, demands or damages, known or unknown, asserted or unasserted, which Trayer has, had or may have against Owasso arising out of or relating to the Incident, to include but not limited to any and all personal injuries and property damage. NOW THEREFORE, in consideration of the following mutual covenants and promises, the Parties agree as follows: 1. Obligations of Owasso. In consideration of the promises made and the execution of this Agreement, Owasso agrees as follows: a. Settlement Payment: Owasso agrees to pay to or for the benefit of Trayer the total sum of One Hundred and Five Thousand Dollars ($105,000) ( "Settlement Payment'). The Settlement Payment will be made in the form of negotiable checks payable as follows: Jeffrey Alan Trayer and Graves McLain, PLLC, in the total sum of $100,805.13; and, ii. Blue Cross Blue Shield of Texas, in the total sum of $2,949.87; and, iii. Ashlock Chiropractic, in the total sum of $1,245.00. b. Other: For settlement funding reasons, Owasso agrees to participate in a Joint Stipulation of Judgment to be taken against it in the Lawsuit for $105,000, with each party to bear their own attorney's fees and costs. The Parties stipulate and agree that no other money is owed by Owasso to Trayer, or any obligation of any type arising out of the Lawsuit or Incident, asserted or unasserted. Payment is for settlement of alleged personal injury and property damages arising out of the Incident alleged by Trayer, to include but not limited to any and all pain, suffering, emotional damages, if any, medical bills, medical treatment past and future, property damage, and any other loss or form of damage arising out of the Incident. 2. Obligations of Traver: In consideration of the promises made and the payment of the Settlement Amount set forth above, Trayer hereby agrees as follows: a. For settlement funding reasons, Trayer agrees to participate in a Joint Stipulation of Judgment to be taken against Owasso in the Lawsuit for $105,000, with each party to bear their own attorney's fees and costs. b. Trayer, on behalf of himself, his family, heirs, successors and assigns, forever relieves, releases, and discharges the Released Parties from all claims, debts, liabilities, demands, obligations, promises, acts, agreements, costs, expenses, damages, actions, and causes of action, whether in law or in equity, whether known or unknown, suspected or unsuspected, asserted or unasserted arising out of or related to the Incident. This release also includes, but is not limited to, mental pain, suffering and anguish, emotional upset, impairment of economic 2 opportunities, property damage, and all other statutory and common law claims. This waiver and release applies to the Released Parties, both in their individual and official capacities. This waiver applies to any acts or omissions by the Released Parties, including all claims arising on or before the date of Trayer's execution of this Agreement. Trayer further represents that there is no other person or entity that has any claims or cause of action against the Released Parties which arises out of the Incident or Lawsuit. For purposes of this Agreement, the "Released Parties" are the City of Owasso, its past and current employees, and its elected officials. C. Trayer acknowledges that Owasso is not responsible for any state or federal tax responsibilities or consequences of the money paid pursuant to this Agreement, and that Owasso is not responsible for any taxes, penalties, fines, assessments and other tax liabilities (plus costs and expenses, including attorneys' or accountants' fees), if any, claimed by any taxing authority as a result of Trayer's receipt of any portion of the Settlement Payment. d. Trayer represents that there are no other known private or governmental liens or financial claims made against the Settlement Amount other than $2,949.87 payable to Blue Cross Blue Shield of Texas and $1,245.00 payable to Ashlock Chriopractic, and that Trayer —and not Owasso. -is responsible for any and all monies owed to any third party, if any, arising out of or related to the Incident and Lawsuit. In this regard, Plaintiff agrees to indemnify Owasso for any such unstated or unknown claim or obligation arising out of the Incident and Lawsuit. 3. No Admission of Wrongdoing: The Parties agree that despite the entry of an Agreed Judgment for the purposes of funding the Settlement Payment under Oklahoma law, this a settlement of contingent and disputed claims by Trayer against Owasso. The consideration 3 extended by Owasso to Trayer and the Agreed Judgment shall never be construed as an admission of liability by Owasso related to the Incident and Lawsuit. 4. Valid Consideration: The Parties agree the terms of this Agreement are supported by valid consideration and that the terms of this Agreement are contractual and not mere recitals. 5. Governing Law: The Parties agree that the laws of the State of Oklahoma shall govern in any action brought to enforce the terms of this Agreement or to seek damages for an alleged breach of this Agreement and venue shall lie exclusively in the District Court for Tulsa County, Oklahoma. 6. Entire Agreement: The Parties agree that, through this Agreement, they have settled all disputes, controversies, and disagreements relating to any acts or omissions arising before the effective date of this Agreement, related to Trayer, the Incident, and the Lawsuit, and that this Agreement conclusively forecloses all types of adversarial action between them relating to any acts or omissions arising before the effective date of this Agreement related to the Incident and Lawsuit. The Parties agree that the terms of this Agreement represent their full and complete understanding regarding the settlement of their dispute. There is no other agreement, oral or written, containing any obligation of one party to the other. The Parties agree and acknowledge that in signing this Agreement,, they have not relied upon and do not rely upon any representation or statement made by the other party or their agents, attorneys, or representatives with respect to the terms or effect of this Agreement, other than those specifically stated in this Agreement. 7. Severability: Any clause, sentence, or provision of this Agreement, which is held by a court of competent jurisdiction to be invalid, illegal, or ineffective shall not impair, invalidate, or nullify the remainder of this Agreement. The effect of any such ruling shall be confined to the clause, sentence, or provision so held to be invalid, illegal, or ineffective. L, 8. Voluntary Execution of Agreement: The Parties hereby state and agree that they have read this entire Agreement, that they have had a reasonable time to consider this Agreement prior to signing, that they understand the meaning and effect of all provisions of this Agreement, and that they are signing this Agreement as a free and voluntary act, without coercion or undue influence of any sort, and with full knowledge of the consequences of their signing. 9. Counteroarts: This Agreement may be executed in any number of counterparts, any of which shall be deemed to be an original and all of which shall be fully effective against all persons executing it. 10. Attorneys' Fees and Costs: There shall be no claims made for attorneys' fees and /or costs by any party to this Agreement arising out of the Incident, Lawsuit, claims, any proceedings that preceded the claims or lawsuits, or any derivative claims or causes of action, and each party shall bear his or its own attorneys' fees and costs. 11. Effective Date: The Parties agree that this Agreement shall be immediately binding and effective only upon the signature of Trayer. JEFFREY ALAN TRAYER: CITY OF OWASSO: Jeffrey A. Trayer DATE 5 Authorized Signee DATE TO: The Honorable Mayor and City Council FROM: Roger Stevens, Senior Director SUBJECT: East 86th Street North Bridge Replacement Project Between North 145th East Avenue and North 161st East Avenue - Agreement for Engineering Services DATE: March 1, 2024 BACKGROUND: Currently, the bridge located on East 86th Street North between North 145th East Avenue and North 161st East Avenue is 83 -years old and a two -lane bridge. In addition, approximately 14,700 vehicles per day utilize this bridge to commute to and from the City of Owasso or Rogers County. In December 2023, the City Council approved an Interlocal Agreement with Rogers County formalizing the funding responsibilities of both entities, sharing 50% of the cost for the planning and construction phase of the bridge replacement. ENGINEERING AGREEMENT /SCOPE OF WORK: City staff and Kellogg Engineering, Inc., developed a scope of work for the first phase of the design project. Design plan submittals will be required at the 30 %, 60% and 90% completion stages and then final plans for bidding once right -of -way (ROW) is obtained and private utilities are relocated. The following components are included in the agreement: • Perform conceptual phase of the widening project; • Prepare plans that include: • Utility relocation design of the public utilities; • East 86th Street North Bridge Improvements; • Prepare ROW documents; • Coordinate private utility relocations; • Prepare public utility relocation plans; • Prepare U.S. Army Corps of Engineers permits; • Preparing bid documents; • Assist with bidding and construction; • Provide construction assistance. In February 2024, staff from the City of Owasso, Rogers County District #2, and Kellogg Engineering, Inc. discussed the engineering service fee. If approved by City Council, the cost for engineering services will be a lump sum amount of $165,700.00. The fee is 7.1 % of the estimated construction cost of $2,300,000.00. FUNDING: Funding for this project is available in the City of Owasso's Capital Improvements Fund. The City of Owasso will be reimbursed 50% ($82,850.00) of the engineering design cost by Rogers County District #2. Agreement for Engineering Services Page 2 RECOMMENDATION: Staff recommends approval of an Agreement for Engineering Services for the engineering design of the East 86th Bridge Replacement Project between North 145th East Avenue and North 161st East Avenue with Kellogg Engineering, Inc., of Talala, Oklahoma, in the amount of $165,700.00 and authorization to execute all necessary documents. ATTACHMENTS: Location Map Agreement E 86th St N Bridge Replacement Between N 145 E Ave and N 161 E Ave V = its tc Sub Title 12/04/2023 This map may represents a visual disclay of related geographic information. Data provided here on is no. guarantee of actual field conditions. To be sure of complete accuracy, please contact the responsible sta Tor most up -to -date information. AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK EAST 86TH STREET BRIDGE REPLACEMENT PROJECT BETWEEN NORTH 145TH EAST AVENUE AND NORTH 161sT EAST AVENUE THIS AGREEMENT, made and entered into this _ day of , 2024 between the City of Owasso, Oklahoma, a Municipal Corporation, of Oklahoma, hereinafter referred to as CITY, and KELLOGG ENGINEERING, INC. hereinafter referred to as ENGINEER; WITNESSETH: WHEREAS, CITY intends to replace the existing bridge on East 86th Street North between North 145th East Avenue and North 161st East Avenue, due to age and condition, 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; NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: 1. SCOPE OF PROTECT. The scope of the PROJECT is described in Attachment A, SCOPE OF PROTECT, which is attached hereto and incorporated by reference as part of this AGREEMENT. 2. SERVICES TO BE PERFORMED BY ENGINEER. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, which is attached hereto and incorporated by reference as part of this AGREEMENT. 3. CITY'S RESPONSIBILITIES.: CITY shall be responsible for all matters described in Attachment C, RESPONSIBILITIES OF THE CITY which is attached hereto and incorporated by reference as part of this AGREEMENT. 4. COMPENSATION. CITY shall pay ENGINEER in accordance with Attachment D, COMPENSATION, and further described in Attachment E, FEE /HOUR BREAKDOWN, which are attached hereto and incorporated by reference as part of this AGREEMENT 5. SCHEDULE. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, in accordance with the schedule set forth in Attachment F, SCHEDULE, attached hereto and incorporated by reference as part of this AGREEMENT. 6. STANDARD OF PERFORMANCE. 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 AGREEMENT C -1 the SERVICES. The PROJECT shall be designed and engineered in a good and workmanlike manner and in strict accordance with this AGREEMENT. All engineering work shall be performed by or under the supervision of Professional Engineers licensed in the State of Oklahoma, and properly qualified to perform such 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. IaikIrr_vrcl celar00)00)aryt31INIwo 7.1. ENGINEER shall not be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the PROJECT. 7.2. The presence of ENGINEER's personnel at a construction site is for the purpose of providing to the CITY a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). 7.3. In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface = evaluations,`- changed or unanticipated underground conditions may occur that could affect total PROJECT cost and /or execution. These conditions and cost /execution effects are not the responsibility of ENGINEER. 7.4. Record drawings will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. ENGINEER is not responsible for any errors or omissions in the information from others that are incorporated into the record drawings. 7.5. ENGINEEWs '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. 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. AGREEMENT C -2 8.2. Since ENGINEER has no control over the resources provided by others to meet construction contract schedules, ENGINEER'S forecast schedules shall be made on the basis of qualifications and experience as a Professional Engineer. 9. LIABILITY AND INDEMNIFICATION. 9.1. ENGINEER shall defend and indemnify CITY from and against legal liability for damages arising out of the performance of the SERVICES for CITY, including but not limited to any claims, costs, attorney fees, or other expenses of whatever nature where such liability is caused by the negligent act, error, or omission of ENGINEER, or any person or organization for whom ENGINEER is legally liable. Nothing in this paragraph shall make the ENGINEER liable for any damages caused by the CITY or any other contractor or consultant of the CITY. 9.2. ENGINEER shall not be liable to CITY for any special, indirect or consequential damages, such as, but not limited to, loss of revenue, or loss of anticipated profits. 10. CONTRACTOR INDEMNIFICATION AND CLAIMS. 10.1. CITY agrees to include in all construction contracts the provisions of Articles 7.1, and 7.2, and provisions providing contractor indemnification of CITY and ENGINEER for contractor's negligence. 10.2. CITY shall require construction contractor(s) to name CITY and ENGINEER as additional insureds on the contractor's general liability insurance policy. 11. COMPLIANCE WITH LAWS. In performance of the SERVICES, ENGINEER shall comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. ENGINEER shall procure the permits, certificates, and licenses necessary to allow ENGINEER to perform the SERVICES. ` ENGINEER shall not be responsible for procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to ENGINEER in Attachment B, SCOPE OF SERVICES. 12. INSURANCE. 12.1. During the performance of the SERVICES under this AGREEMENT, ENGINEER shall maintain the following insurance: 12.1.1. General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. 12.1.2. Automobile Liability Insurance with bodily injury limits of not less than $1,000,000 for each person and not less than $1,000,000 for each accident and with property damage limits of not less than $100,000 for each accident. AGREEMENT C-3 12.1.3. Worker's Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance with limits of not less than $100,000 for each occurrence. 12.1.4. Errors and Omissions Insurance to remain in effect during the PROJECT and the term of any legal liability. Errors and Omissions coverage to be for a minimum of $1,000,000, deductibles subject to approval by CITY. 12.2. ENGINEER shall furnish CITY certificates of insurance which shall include a provision that such insurance shall not be canceled without at least 30 days written notice to the CITY. 13. OWNERSHIP AND REUSE OF DOCUMENTS. 13.1. All documents, including original drawings, estimates, specifications, field notes and data shall become and remain the property of the CITY. 13.2. CITY'S reuse of such documents without written verification or adaptation by ENGINEER for the specific purpose intended shall be at CITY'S risk. 14. TERMINATION OF AGREEMENT. 14.1. The obligation to continue SERVICES under this AGREEMENT may be terminated by either party upon fifteen days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 14.2. CITY shall have the right to terminate this AGREEMENT, or suspend performance thereof, for CITY'S convenience upon written notice to ENGINEER; and ENGINEER' shall terminate or suspend performance of SERVICES on a schedule acceptable to CITY'S. 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: Mr. Brian Kellogg, President Kellogg Engineering, Inc. 6755 S. 4060 Rd. Talala, OK 74080 To CITY: Mr. Roger Stevens, Public Works Director City of Owasso 301 W 2nd Avenue Owasso, Oklahoma 74055 AGREEMENT CA Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of ENGINEER and CITY. 16. UNCONTROLLABLE FORCES. Neither CITY nor ENGINEER shall be considered to be in default of this AGREEMENT if delays in or failure of performance shall be due to forces which are beyond the control of the parties; including, but not limited to: fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage; inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either CITY or ENGINEER under this 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 here from, 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 initially and as needed thereafter to manage the project and will be available for one public meeting or City of Owasso presentation. AGREEMENT C -5 22. KEY PERSONNEL. In performance of the SERVICES hereunder, ENGINEER has designated Brian Kellogg as Project Manager for the PROJECT. ENGINEER agrees that no change will be made in the assignment of this position without prior approval Of CITY. IN WITNESS WHEREOF, the parties have executed this AGREEMENT in multiple copies on the respective dates herein below reflected to be effective on the date executed by the Mayor of the City of Owasso. ENGINEER By: Date APPROVED: CITY OF OWASSO CITY Clerk, Juliann M. Stevens MAYOR, Kelly Lewis Date APPROVED AS TO FORM: CITY Attorney, Julie Lombardi AGREEMENT G6 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO EAST 86TH STREET BRIDGE REPLACEMENT PROJECT BETWEEN NORTH 145TH EAST AVENUE AND NORTH 161sT EAST AVENUE Scope of Project Attachment A SCOPE OF PROTECT. The PROJECT shall consist of civil engineering SERVICES described as follows: This project consists of the replacement of one bridge on E510 Road (86f St. N.), Local Bridge ID #101 is identified as a 4 span 63 -foot total length I -beam span bridge on concrete /masonry abutments with a concrete deck. The bridge is structurally deficient. The average daily traffic count is 14,700 vehicles per day. The Consultant will prepare design plans to replace the structurally deficient bridge. The proposed project will include the proposed bridge structure and new roadway approaches extending a total of approximately 300 linear feet west of the bridge and approximately 300 linear feet east of the bridge. The proposed bridge structure will utilize the latest bridge design criteria. The proposed bridge structure's low chord will be designed based on the results of hydraulic study. The proposed bridge structure is anticipated to be a slab span bridge structure with a total span of approximately 60 -feet. The existing E. 86t St. N. consists of a two -lane asphalt roadway approximately 21 feet wide. It is anticipated the proposed project will need approximately 300 linear feet west of the bridge and approximately 300 linear feet east of the bridge. The new bridge will be on the existing horizontal alignment. It is anticipated that the vertical alignment will require minimum modification. The proposed roadway will be 4-12 feet wide asphalt driving lanes, and 2 -5 feet wide sidewalks, and curb and gutter. Guardrails will aid in the transition onto the bridge surface. AGREEMENT C -7 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO EAST 86TH STREET BRIDGE REPLACEMENT PROJECT BETWEEN NORTH 145TH EAST AVENUE AND NORTH 161sT EAST AVENUE Scope of Services Attachment B The services to be performed by the ENGINEER under this AGREEMENT will consist of designing the East 86TH Street Bridge Replacement Project. Execution of the work will be broken up into eight (8) major work tasks, as stated below. 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 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 the AGREEMENT and receipt of Notice to Proceed. The Basic Services of ENGINEER consist of the following tasks: Scope of Services: ENGINEER proposes to furnish the CITY the following professional engineering services for the design of the East 86th Street Bridge Replacement Project Between North 145th East Avenue and North 161st East Avenue: 1. Survey/ROW Documents 1.1 Survey ENGINEER proposes to subcontract surveying services to Benchmark Surveying, Inc. All work will be performed under the supervision of an Oklahoma Registered Professional Land Surveyor. The ENGINEER shall provide the following: • Topographic survey of the site including property line, existing utilities, and property lines; • Provide one set of Right -of -way staking upon acquisition of all parcels to be acquired. 1.2 ROW documents - ENGINEER shall provide the following services: • The location of the right -of -way to be acquired on this project and show the boundary of such right -of -way on the construction plans; • Provide right -of -way plans showing the extents of the new right -of- way to the CITY as part of the right -of -way submission; • Provide new easement descriptions for each affected parcel on the appropriate easement instruments; • Right -of -way acquisition is not within the scope of the proposal, • The ENGINEER will not be required to attend right -of -way meetings. AGREEMENT C -8 2. Detailed Design 2.1 Regular Meetings - Attend a progress meeting each month with the engineering staff to review technical aspects of the project; 2.2 Plan Review Meetings - Attend 30% (Preliminary plans), 60% (Preliminary plans), and 90% (Final plans) review meetings; 2.3 Project Management - Project management activities include reviewing invoices as provided by the CITY; 3.4 Drawings - Prepare construction drawings for the proposed bridge and roadway will consist of the following: • Title Sheet • Typical Sections • General Construction Notes • Summary of Pay Quantities and Notes (Bridge, Roadway & Traffic) • Summary Sheets • Driveway and Street Return Schedule • Summary of Drainage Structures • Drainage Area Maps • Drainage Structure Design Record Table • Storm Water Management Plan • Erosion Control Plan • Demolition and Removal Plan • Plan and Profile Sheets • Survey Data Sheets • Suggested Sequence of Construction • Construction Traffic Control Layout • Permanent Signing and Striping • Cross Sections 3. Detailed Specifications 3.1 Detailed Specifications - Prepare construction specifications with the construction drawings, for taking competitive bids and entering into a construction contract with an experienced and competent contractor for the project. Specifications will include bid information and contract terms as required by the CITY. CITY and ODOT construction standards for proposed bridge and roadway shall be included. Standards and Guidelines that will apply are as follows: "State of Oklahoma County Roads Design Guidelines Manual," 2022 "Oklahoma Department of Transportation Standard Specifications for Highway Construction and Supplemental," 2009 "AASHTO A Policy on Geometric Design of Highways and Streets, 6Th Edition, 2011 AGREEMENT C -9 • "Highway Capacity Manual, Transportation Research Board," 2010 • "Oklahoma Department of Transportation Roadway Design Manual," 1992 • "AASHTO Roadside Design Guide ", 4Th Edition, 2011 • "AASHTO Guidelines for Geometric Design of Very Low Volume Local Roads," 2001 • "ODOT English County Bridge Standards" 2009 • "AASHTO LRFD Bridge Design Specifications', 5Th Edition with 2010 interims, except as modified by current ODOT Bridge Division Design Policies. • "Oklahoma Department of Transportation Standard Specifications for Highway Construction and Supplemental' 2019 4. Geotechnical Report 4.1 Geotechnical Report - ENGINEER proposes to subcontract geotechnical services to Belongia Consultants, Inc. All work will be performed under the supervision of an Oklahoma ' Registered Professional Engineer. The ENGINEER shall provide the following: • Geotechnical work is anticipated to include (2) two borings for the new bridge. These borings will extend approximately 20 feet into bedrock. Based on site conditions, we estimate the boring depths will be approximately 75 feet. If :auger refusal is encountered prior to extending 10 feet into rock, the rock will be cored for a distance of approximately 10 feet. 5. Cost Opinion Development 5.1 Cost Odiinion - Prepare final Engineer's Opinion of Construction Cost, including 15 % contingencies. 6. Bid Assistance 6.1 Contract Documents - The bridge replacement project will be bid as a single project. Assist CITY in advertising for bid. Mail notices to prospective bidders and distribute' documents to prospective bidders; 6.2 Pre -Bid Conference - Attend pre -bid meeting for the project. CITY to furnish bid sets (drawings and detailed specifications - matter copy to be provided by engineer); 6.3 Bidders Inquiries and Addenda - Respond to bidders inquires during the bidding period. Prepare addenda to the contract documents as necessary; 6.4 Pre -Award - Tabulate bids and prepare recommendation letter. 7. Construction Assistance 7.1 Attend pre -work conference; AGREEMENT C -10 7.2 Review and approve all submittals; 7.3 Review and approve all pay applications; 7.4 Answer questions throughout the project regarding design intent; 7.5 Prepare Record Drawings of the project. 8. Assumptions and limitations of the engineering services 8.1 ENGINEER shall provide survey control along the proposed force main alignment and shall provide coordinates of staked control points, all of which shall be limited to one staking/ set of stakes; 8.2 No formal mitigation procedures are required for environmental issues; 8.3 ENGINEER is not responsible for construction staking; however control stakes and benchmarks with coordinates shall be provide and shall be limited to one staking /set of stake; 8.4 ENGINEER shall prepare and provide "As- Built" drawing upon completion of the Project, but is not responsible for "As- Built' survey; 8.5 ENGINEER is exempt from paying CITY review fees; 8.6 ENGINEER shall prepare USACE 404 under the "USACE Nationwide Permitting Process" as needed;< 8.7 ENGINEER is not responsible for USACE 404 permit under the "USACE Individual Permitting Process' nor any related mitigation; 8.8 Advertising fees not responsibility of the ENGINEER; 8.9 ENGINEER is not responsible for USACE fees or for mitigation credits or any related fees; 8.10 ENGINEER is not responsible for right-of-way acquisition or any related fees; 8.11 ENGINEER is not responsible for construction inspection; however, the ENGINEER shall make routine site visits upon request of the CITY; 8.12 ENGINEER is not responsible for project management or construction management; 8.13 ENGINEER is not responsible for any Environmental Review, study, or report; 8.14 ENGINEER is not responsible for preparation of a CLOMR /LOMR for the proposed Project; 8.15 Reproduction shall be limited as follows: 8.151 50% Complete Review -1 full size set, 5 half size sets, and half size PDFs; 8.15.2 95% Complete Review -1 full size set, 5 half size sets, and half size PDFs; AGREEMENT C -11 8.15.3 100% Complete -1 full size set, 5 half size sets, half size PDFs, and full size PDFs; 8.15.4 "As- Builts" - 1 full size set of PDFs, l full size set of Mylars, and 1 set of construction plans in CAD format including "ctb" files; 8.16 Project shall be funded by the CITY and that standard Owasso contract documents and specifications shall apply; 8.17 ENGINEER is not responsible for any type of funding applications, engineering reports, and /or engineering documentation as required by outside funding by state agencies; 8.18 ENGINEER is not responsible for utility relocation plans or utility relocation coordination. AGREEMENT C -12 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO EAST 86TH STREET BRIDGE REPLACEMENT PROJECT BETWEEN NORTH 145TH EAST AVENUE AND NORTH 161sT EAST AVENUE Responsibilities of the CITY Attachment C RESPONSIBILITIES OF THE CITY. The CITY agrees: C.1 Reports, Records, etc: To furnish, as required by the work, and not at the expense of the ENGINEER: C.1.1 Records, reports, studies, plans, drawings, and other data available in the files of the CITY that may be useful in the work involved under this AGREEMENT C.1.2 Standard construction drawings and standard specifications C.1.3 ENGINEER will reasonably rely upon the accuracy, 'timeliness, and completeness of the information provided by CITY. C.2 Access: Provide access to public and private property when required in performance of ENGINEER's services. C.3 Staff Assistance: Designate the Public Works Director or another individual designated in writing to act as its representative in respect to the work to be performed under this AGREEMENT, and such person shall have complete authority to transmit instructions, receive information, interpret and define CITY'S policies and decisions with respect to materials, equipment, elements and systems pertinent to the services covered by this AGREEMENT.' C.3.1 Furnish staff assistance in locating, both horizontally and vertically, existing CITY owned utilities : and in expediting their relocation as described in Attachment B. Further, CITY will furnish assistance as required in obtaining locations of other utilities; including excavations to determine depth. C.3.2 Furnish legal assistance as required in the preparation of bidding, property acquisition, 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 C -13 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO EAST 86TH STREET BRIDGE REPLACEMENT PROJECT BETWEEN NORTH 145TH EAST AVENUE AND NORTH 161sT EAST AVENUE Compensation Attachment D COMPENSATION. The CITY agrees to pay, as compensation for services set forth in Attachment B, the following fees, payable monthly as the work progresses; and within 30 calendar days of receipt of invoice. ENGINEER shall submit monthly invoices based upon actual hours or work, invoiced according the Rate Schedule provided in ATTACHMENT E, completed at the time of billing. Invoices shall be accompanied by such documentation as the CITY may require in substantiation of the amount billed. D.1 Total Compensation For the work under this project the total maximum billing including direct costs and subconsultant services shall be $165,700.00 which amount shall not be exceeded without further written authorization by CITY. D.2 Subconsultants and Other Professional Associates: All Subconsultant and Other Professional Associate costs are included in the Total Compensation. Services of subcontractors and other professional consultants shall be compensated for at actual cost. Sub - consultants to be used must be authorized in advance by CITY. D.3 Other Direct Costs: All Direct Costs are included in the Total Compensation. 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 are included in the maximum fee. D.3.3 Any other direct costs shall be compensated for at actual cost 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. AGREEMENT C -14 D.6 Conditions of Payment D.6.1 Progress payments shall be made in proportion to services rendered and expenses incurred as indicated within this AGREEMENT and shall be due and owing within thirty days of ENGINEER'S submittal of his progress payment invoices. D.6.2 If CITY fails to make payments due ENGINEER within sixty days of the submittal of any progress payment invoice, ENGINEER may, after giving fifteen days written notice to CITY, suspend services under this AGREEMENT. D.6.3 If the PROJECT is delayed, or if ENGINEER'S services for the PROJECT are delayed or suspended for more than ninety days for reasons beyond ENGINEER'S control, ENGINEER may, after giving fifteen days written notice to CITY, request renegotiation of compensation. AGREEMENT C -15 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO EAST 86TH STREET BRIDGE REPLACEMENT PROJECT BETWEEN NORTH 145TH EAST AVENUE AND NORTH 161sT EAST AVENUE Billing Rate Sheet Attachment E KELLOGG ENGINEERING, INC. Current Hourly Fee Schedule Effective January 1, 2023 Professional Engineer$175 /hour Project Manager $150 /hour Engineering Intern $140 /hour Design Technician III $130 /hour Design Technician II $110 /hour Design Technician I $85 /hour Inspector $75 /hour Clerical $35 /hour Direct Expenses Cost+ 10% Travel $0.58 /mile Survey Crew $175 /hour Registered Surveyor $175 /hour Geotechnical Engineer Project Specific Specialty Engineer Project Specific AGREEMENT C -16 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO EAST 86TH STREET BRIDGE REPLACEMENT PROJECT BETWEEN NORTH 145TH EAST AVENUE AND NORTH 161sT EAST AVENUE Schedule Attachment F F. SCHEDULE. The schedule for general engineering services for the PROJECT is provided as follows: F.1. Notice to Proceed: March, 2024 F.2. Final Design Completion: January, 2025 AGREEMENT C -17 CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 02124/24 Department Payroll Expenses Total Expenses 105 Municipal Court 6,606.93 10,413.43 110 Managerial 31,316.14 42,852.30 120 Finance 19,148.52 30,285.81 130 Human Resources 12,552.08 19,399.64 160 Community Development 22,022.95 33,265.14 170 Engineering 22,870.35 35,618.45 175 Information Systems 24,075.23 35,287.14 181 Building Maintenance 13,681.50 20,354.01 190 Cemetery 1,416.81 3,050.04 201 Police Overtime -Grant 412.02 417.31 215 Central Dispatch 3,770.00 6,032.86 221 Animal Control 4,904.48 7,265.10 280 Emergency Preparedness 2,772.70 3,859.92 370 Stormwater /ROW Maint. 7,721.22 13,252.43 515 Park Maintenance 11,562.13 18,094.16 520 Culture /Recreation 11,780.26 16,539.53 550 Community- Senior Center 5,724.36 6,547.81 580 Historical Museum 934.40 1,043.25 720 Strong Neighborhood 450.60 555.14 General Fund Total 203 722.68 304,133.47 185 Vehicle Maintenance Fund Total 13 311.20 22 035.89 255 Ambulance Fund Total 699.31 780.78 215 E911 Communication 28,297.58 43,300.34 250 Fire Fund 37 Total 251 846.02 380 821.55 201 Police Fund 38 Total 249,291.53 368,037.58 300 Streets Fund 39 Total 24,430.66 43 375.93 370 Stormwater Fund 27 Total 6,990.23 11,678.72 150 Worker's Compensation Total 1,007.63 1,192.27 720 Strong Neighborhoods Total 4,798.56 6,857.83 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 02129 VENDOR DESCRIPTION AETNA 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 48,033.57 48,272.79 51,863.86 52,140.60 4,365.92 109,344.70 314,021.44 8,572.61 6,092.10 6,443.23 21,107.94 87.80 1,499.36 1,587.16 336,716.54 Scott A. Thompson 4 '5 OKLAHOMA Kevin Stitt Executive Director ft Environmental Governor Quality September 1, 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. WL000072230726 Hales Acres - Phase 2 Waterline Replacement Facility No. 3002718 Dear Mr. Stevens: Enclosed is Permit No. WL000072230726 for the construction of 2,611 linear feet of six (6) inch PVC potable water line and all appurtenance to serve Hales Acres, Tulsa County, Oklahoma. The project authorized by this permit should be constructed in accordance with the plans approved by this Department on September 1, 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, Qusay Kabariti, P.E. Construction Permit Section Water Quality Division Enclosure c: Debbie Nichols, Regional Manager, DEQ TULSA DEQ OFFICE Jacob Ketner, , City of Owasso 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 OKLAHOMA Kevin Stitt Executive Director Environmental Governor Quality PERMIT No. WL000072230726 WATER LINES FACILITY No. 3002718 PERMIT TO CONSTRUCT September 1, 2023 Pursuant to O.S. 27A 2 -6 -304, the City of Owasso is hereby granted this Tier I Permit to construct 2,611 linear feet of six (6) inch PVC potable water line and all appurtenance to serve Hales Acres, located in Section 7, T -21 -N, R -14 -E, Tulsa County, Oklahoma, in accordance with the plans approved September 1, 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 1,000 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 OKLAHOMA Kevin Stitt Executive Director Environmental Governor 4 c Quality PERMIT No. WL000072230726 WATER LINES FACILITY No. 3002718 PERMIT TO CONSTRUCT 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 developerlbuilder 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 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. 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 backflling. 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 73102 -OFFICE: 405 -702 -0100 STATE OF OKLAHOMA -OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY • DEQ.OK.GOV Scott A. Thompson 4&5 OKLAHOMA Kevin Stitt Executive Director Environmental Governor Quality September 8, 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. SL000072230788 Morrow Gravity Sanitary Sewer Line Extension Facility No. S -21310 Dear Mr. Stevens: Enclosed is Permit No. SL000072230788 for the construction of 1,137 linear feet of fifteen (15) inch PVC, 2,121 linear feet of twelve (12) inch PVC, 1,200 linear feet of eight (8) inch PVC sanitary sewer line and all appurtenances to serve the Morrow Place, Tulsa County, Oklahoma. The project authorized by this permit should be constructed in accordance with the plans approved by this Department on September 8, 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, Qusay Kabariti, P.E. Construction Permit Section Water Quality Division QK/RC /md Enclosure c: Debbie Nichols, Regional Manager, DEQ TULSA DEQ OFFICE Brian K Kellogg, P.E., Kellogg Engineering, Inc. 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 Environmental Quality PERMIT TO CONSTRUCT Kevin Stitt Governor PERMIT No. SL000072230788 SEWER LINES FACILITY No. S -21310 September 8, 2023 Pursuant to O.S. 27A 2 -6 -304, the City of Owasso is hereby granted this Tier I Permit to construct 1,137 linear feet of fifteen (15) inch PVC, 2,121 linear feet of twelve (12) inch PVC, 1,200 linear feet of eight (8) inch PVC sanitary sewer line and all appurtenances to serve the Morrow Place, located in Section 4, T -21- N, R -14 -E, Tulsa County, Oklahoma, in accordance with the plans approved September 8, 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.OK.00V Scott A. Thompson Executive Director OKLAHOMA Environmental ^, Quality PERMIT TO CONSTRUCT Kevin Stitt Governor PERMIT No. SL000072230788 SEWER LINES FACILITY No. S -21310 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 at seq. For information or a copy of the GENERAL PERMIT (OKR10) FOR STORM WATER DISCHARGES FROM CONSTRUCTION ACTIVITIES, Notice of Intent (NO[) 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- 5- 4(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. Division 707 N. ROBINSON ST., OKLAHOMA CITY, OK73102. OFFICE. 405 -702 -0100 STATE OF OKLAHOMA - OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY • OEQ.OK.GOV SECTION 00600 CHANGE ORDER PROJECT: 116' Widening Mingo to Garnett CONTRACT DATE: February 21, 2023 TO CONTRACTOR: Crossland Heavy CHANGE ORDER NUMBER: 6 DATE: February 27, 2024 CONTRACT FOR: 116'h Widening Mingo to Garnett The Contract is changed as follows: See attached explanation. NO change to contract amount. The cost of change order 6 will be taken from the project allowance. Not valid until signed by the Owner and Contractor The original Contract Sum was $ 17,387,000.00 Net change by previously authorized Change Orders $ $0 The Contract Sum prior to this Change Order was $ 17,387,000.00 this Change Order in the estimated amount of $ 0 The new Contract Sum including this Change Order will be $ 17,387,000.00 The Contract Time will be (increased) (decreased) (nuelraneed) by days. The date of Substantial Completion as of the date of this Change Order therefore is August 30, 2024; rinal = October 29, 202 NOTE: This summary does not reflect changes in the Contract Sum Time which have been authorized by Construction Change Directive. Crossland Heavy Contractors CONTRACTOR 14149 E. Admiral PI ADDRESS Tulsa, OK 74116 BY DATE 2/28/2024 City of Owasso OWNER 200 South Main ADDRESS Owasso Ok 74055 BY DATE 2 SPECIAL PROVISIONS 0509 00900 - Page I of I February 27, 2024 RE: Change Order # 6 The Contract is changed as follows: Pay item 71 will be reduced from $21 LF to $19 LF by removing the aggregate base that surrounds the conduit and allowing the contractor to use fill dirt. The previous 2 miles of 116th widening was done in the same manner and has shown no issues. The amount of this item will be reduced by $10,016.00. This change order also creates a new pay item for additional grading in front of Fantastic Island parking to the curb of E 116th Street North to deal with drainage issues not addressed in the road widening project. Cost of this item is $20,714.92, however the savings from item 71 will be used as a credit to change order #6 thereby reducing the overall cost of this change order to $10,698.92. No change to the contract amount. Change order #6 will be taken from the project allowance. Change Order 6 Location Site 02/23/2024 This map represers a visual cisolay of related geographic informatoa here on is not guararnee o; actual field cend`ions.7o @e sure of complete accuracy, please ccrract the Reference Document: Contract NO.: Project No.: Contractor 23002RD -116th Widening - Garnett to Mingo Crossland Heavv Contactors Date: 02/21/24 Description of Work: Installation of Nyloplast Area Inlet, Installation of 12" Clete tying Into adjacent inlet Emankment of soil only to create 3:1 Slope from Sidewalk W existing grade. Sidewalk to fall away from road Instead of too read. Grading to dreln. Sod Area no unknown. Sod to be paid for as overrun of unit price. Materials: Items Units Cost Quantiy Amount NYLOPLAST AREA INLET EA 51,151.0 1.00 $1,151.00 12'CPP LF $1097 20.00 5219.40 CPP GASKET FOR INLET EA 570.00 1.00 $70.00 4000 PSI CONCRETE CY $141.56 1.00 $14156 3000 PSI CONCRETE CY $135.56 1100 $135.56 AGGREGATE -57 ROCK TN $14.17 9.27 $131.36 AREA INLET REINFORCMEN EA $350.00 1.00 $350.00 PIPE STS EA 520.00 1.00 $20.00 CONCRETE STS EA 512.00 1.00 $12.00 FORMWORKSTS EA $28.13 1.00 526.13 SuFTotai $2.259.01 15 % Profit $33685 Total $2,597.86 Labor: Job Title RateMr otal Ha. Amount FOREMAN $63.65 1 1 22.94 51,460.13 SKILLED OPERATOR $46.03 2414 $1,138.78 CARPENTER $4318 36.24 $1.564.84 SKILLED LABORER $4011 1 37.24 $1,497.42 Sub-Total 115 Profit Total $5,661.18 $849.18 $6,510.35 Payroll Additives: Item %of Labor Amount Insurance 8.00% $452.89 Social Sewnt 765% 5433.08 Taxes 380% $215.12 Workees Compensation 2200% $1,245.46 Employee Fringe Benefits 20.00% $1,132.24 0.00 Subtotal $3,478.79 15 %Profit $521.62 Total $4,00.61 Sub - Contractor Cost: Items Cost Quantity Amount SAWCUTSUB- CFIAMPION 5425.00 1.00 5425.00 $20,509.82 Bona 1% 5205.10 Total Cost for Work Described $20,714.92 Credit for Fiber Conduit Change 50.09 0.00 M.00 $10,698.92 $0.00 0.00 $0.00 Sub -Total $425,0 15 %P&O $63.75 Total 5486.75 CoMactar Cost $17,834.83 Contactor Profit 62,675.19 Contactor Total $20,509.82 Bona 1% 5205.10 Total Cost for Work Described $20,714.92 Credit for Fiber Conduit Change - 510.016.00 Total Lump Sum Cost of Change Omer $10,698.92 Total Cost If Not Lump Sum. Cost Per Unit Ouanfit