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HomeMy WebLinkAbout2025.09.02_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL Council Chambers Old Central Building 109 North Birch, Owasso, OK Tuesday, September 2, 2025 - 6:30 PM NOiE: APPROPRIATE ACTION may include, but is not limited to: acknowledging, affirming, amending, approving, authorizing, awarding, denying, postponing, or fabling. AGENDA R EGEIVr_C7 1. Call to Order - Mayor Alvin Fruga AUG 2 8 2025 / 2. Invocation - College & Career Leader Kate Lea of Freedom Place Church City Clerk's Office 3. Flag Salute 4. Roll Call 5. Presentation of the Character Trait of Orderliness - Alvin Fruga 6. Consideration and appropriate action relating to the Consent Agenda. (All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non -debatable.) A. Approve minutes - August 19, 2025, Regular Meeting B. Approve claims C. Accept the 2025 Street Rehabilitation Project Maintenance using High -Density Mineral Bond and authorize final payment to Holbrook Asphalt, LLC of Saint George, Utah, in the amount of $315,492.00 D. Approve Early Retirement benefits for Donald Lynch E. Approve Deferred Retirement benefits for Jessica Fletcher F. Accept the Funtastic Island Restroom Remodel Project and authorize final payment to Servpro of South Tulsa County, Oklahoma, in the amount of $56,546.97 7. Consideration and appropriate action relating to items removed from the Consent Agenda 8. Consideration and appropriate action relating to a Project Maintenance, Financing, and Right -of -Way Agreement between the City of Owasso and the Oklahoma Department of Transportation for the Safe Routes to Amenities Grant Project Dwayne Henderson Staff recommends approval of the Project Maintenance, Financing, and Right -of -Way Agreement, in the estimated total amount of $654,740.00, and authorization to execute the necessary documents. Consideration and appropriate action relating to a Project Maintenance, Financing, and Right -of -Way Agreement between the City of Owasso and the Oklahoma Department of Transportation for the Safe Routes to Schools and Parks Grant Project Dwayne Henderson Staff recommends approval of the Project Maintenance, Financing, and Right -of -Way Agreement, in the estimated total amount of $1,179,345.00, and authorization to execute the necessary documents. 10. Consideration and appropriate action relating to a proposed amendment to the Project Maintenance, Financing, and Right -of -Way Agreement between the City of Owasso and the Oklahoma Department of Transportation (ODOT) for the East 106th Street North and North 1291h East Avenue Intersection Improvement Project Dwayne Henderson Staff recommends approval of the Supplemental and Modification Agreement No. 1 to the Project Maintenance, Financing, and Right -of -Way Agreement, revising the estimated total amount to $7,205,524.00, and authorization to execute the necessary documents. Owasso City Council September 2, 2025 Page 2 11. Consideration and appropriate action relating to the purchase of an ambulance David Hurst Staff recommends approval to purchase a new AEV Type I ambulance, in an amount not to exceed $335,222.00, from Southern Emergency and Rescue Vehicle Sales, LLC (SERVS), of Comanche, Texas, utilizing the Houston -Galveston Area Council Buy Program Contract #AM10-23, and authorization for payment. 12. Presentation of the monthly Project Status Report - Roger Stevens 13. Report from City Manager 14. Report from City Attorney 15. Report from City Councilors 16. Official Notices (documents for acknowledgment of receipt or information only, no discussion or action will be taken) • Payroll Payment Report- pay period ending date August 23, 2025 • Fiscal Year Ending 2025 Annual Financial Report Tax Increment District No. 1, City of Owasso (Redbud TIF Dist(ct) • Change Order No. 3 executed by the City Manager or designee for the East 96th Street North Roadway Improvements West Side • Oklahoma Department of Environmental Quality Permit No. WL000072250442 Robinson Industrial Park Phase I Potable Water Line Extension Facility No. S-21310 • Oklahoma Department of Environmental Quality Permit No. SL000072250443 Robinson Industrial Park Phase I Sanitary Sewer Line Extension Facility No. 3007218 • Oklahoma Department of Environmental Quality Permit No. SL000066250573 Boardwalk I & II at Preston Lakes Sanitary Sewer Line Extension Facility No. S-21310 17. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 18. Adjournment Notice of Public Meeting filed in the office of the City Clerk on Friday, December 13, 2024, and the Agenda posted at City Hall, 200 South Main Street, at 5:00 payer Thursday, August 28, ?025. M. Stevens, City Clerk The City of Owasso encourages citizen participation. To request b'n accommodation due to a disability, contact The City Clerk prior to the scheduled meeting by phone 918-376-1502 or by email to istevens@citvofowasso.com OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING TUESDAY, AUGUST 19, 2025 The Owasso City Council met in regular session on Tuesday, August 19, 2025, in the Council Chambers at Old Central, 109 North Birch, Owasso, Oklahoma per the Notice of Public Meeting filed Friday, December 13, 2024; and the Agenda filed in the office of the City Clerk and posted at City Hall, 200 South Main Street, at 5:00 pm on Thursday, August 14, 2025. 1. Call to Order - Mayor Alvin Fruga called the meeting to order at 6:30pm. 2. Invocation - The Invocation was offered by Pastor Linzy Slayden of Friendship Baptist Church 3. Flag Salute - Councilor Balthrop led the flag salute. 4. Roll Call - A quorum was declared present. Present Mayor -Alvin Fruga Councilor -Dr. Chad Balthrop Councilor- Dr. Paul Loving Councilor- Cody Walter Absent Vice Mayor- Lyndell Dunn Staff: City Manager - Chris Garrett / City Attorney - Julie Lombardi 5. Presentation of the Employee of the Quarter - Chris Garrett presented the Employee of the Quarter to Sergeant Andy Eubanks. 6. Consideration and appropriate action relating to the Consent Agenda. (All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non -debatable.) A. Approve minutes - August 5, 2025, and August 12, 2025, Regular Meetings B. Approve claims C. Approve Normal Retirement benefits for Dan Yancey D. Accept the re -roof and repair'of the Owasso Community Center building and authorize final payment to Turner Roofing Services, LLC of Broken Arrow, Oklahoma, of $72,881.00 E. Accept the Centennial Park Playground Project and authorize final payment to Magnum Construction, Inc. of Broken Arrow, Oklahoma, of $19,850.00 Mr. Walter moved, seconded by Mr. Loving, to approve the Consent Agenda as presented, with claims totaling $2,460,227.12. YEA: Balthrop, Loving, Walter, Fruga NAY: None Motion carried: 4-0 7. Consideration and appropriate action relating to items removed from the Consent Agenda - None 8. Consideration and appropriate action relating to action relating to a donation from the Friends of the Owasso Police Foundation and a budget amendment in the General Fund Jason Woodruff presented the item, recommending acceptance of the donation and approval of a budget amendment in the General Fund, increasing estimated revenue by $9,000.00 and increasing the appropriation for expenditures in the Police Services budget by $9,000.00. There were no comments from the audience. Following discussion, Mr. Walter moved, seconded by Mr. Balthrop, to accept the donation, and approve the budget amendment, as recommended. YEA: Balthrop, Loving, Walter, Fruga NAY: None Motion carried: 4-0 Owasso City Council August 19, 2025 Page 2 9. Consideration and appropriate action relating to Ordinance 1239, approving the annexation of approximately 3.85 acres located on the northern portion of 405 West 2nd Avenue and rezoning said property from Agriculture (AG) to Industrial Light (IL), as referenced in applications OA 25-03 and OZ 25-05 Alexa Beemer presented the item, recommending adoption of Ordnance 1239. There were no comments from the audience. Mr. Walter moved, seconded by Mr. Loving, to adopt Ordinance 1239, as recommended. YEA: Balthrop, Loving, Walter, Fruga NAY: None Motion carried: 4-0 10. Consideration and appropriate action relating to an agreement for Pelivan Transit service from October 1, 2025 to September 30, 2026 Erin Shaw presented the item, recommending approval of the FY 2026 Purchase of Service Agreement with Grand Gateway Economic Development Association of Big Cabin, Oklahoma, in the amount of $60,475.00 and authorization to execute the necessary documents. There were no comments from the audience. Following discussion, Mr. Loving moved, seconded by Mr. Walter, to approve the agreement and authorize execution of documents, as recommended. YEA: Balthrop, Loving, Walter, Fruga NAY: None Motion carried: 4-0 11. Consideration and appropriation action relating to a services agreement for analysis of the Elm Creek Basin Daniel Dearing presented the item, recommending approval of the Professional Services Agreement with WSB of Minneapolis, Minnesota, in the amount of $74,725.00, and authorization to execute the necessary documents. There were no comments from the audience. Following discussion, Mr. Loving moved, seconded by Mr. Walter, to approve the agreement and authorize execution of documents, as recommended. YEA: Balthrop, Loving, Walter, Frugo NAY: None Motion carried: 4-0 12. Consideration and appropriate action relating to an amendment to the Engineering Services Agreement for the East 961h Street North and North 145th East Avenue Intersection Improvement Project Daniel Dearing presented the item, recommending approval of Amendment No. 2 to the Agreement for Engineering Services with Garver, LLC, of Tulsa, Oklahoma, in the amount of $4,308.00, and authorization to execute the necessary documents. There were no comments from the audience. Mr. Walter moved, seconded by Mr. Balthrop, to approve the Amendment and authorize execution of documents, as recommended. YEA: Balthrop, Loving, Walter, Fruga NAY: None Motion carried: 4-0 13. Report from City Manager - None 14. Report from City Attorney - None 15. Report from City Councilors - None 16. Official Notices - The Mayor acknowledged receipt of the following: • Payroll Payment Report - pay period ending date August 9, 2025 • Healthcare Self -Insurance Claims - dated as of July 31, 2025 • Monthly Budget Status Report- dated as of July 31, 2025 • Change Order No. 3 executed by the City Manager or designee for the Main Street Rehabilitation Project from Broadway to East 1 1 th Street Owasso City Council August 19, 2025 Page 3 • Change Order No. 6 executed by the City Manager or designee for the New Public Works Facility • Oklahoma Department of Environmental Quality Permit No. SL000066250695 Hawthorne at Stone Canyon Phase II Addition Sanitary Sewer Line Extension Facility No. S-21310 17. New Business - None 18. Adjournment Mr. Balthrop moved, seconded by Mr. Loving, to adjourn the meeting. YEA: Balthrop, Loving, Walter, Fruga NAY: None Motion carried: 4-0 and the meeting adjourned at 7:07 pm. Juliann M. Stevens, City Clerk Alvin Fruga, Mayor Claims List - 09/02/2025 Fund Vendor Name Payable Description Payment Amount 01 GENERAL TURNER ROOFING SERVICES LLC ROOF REPAIR $72,881.00 COMMUNITY CTR ROOF REPLMT - Total $72,881.00 COMMERCIAL POWER SOLUTIONS, LLC GENERATOR REPAIR $67.50 DALE & LEES SERVICE ING POLICE A/C REPAIR $265.00 JPMORGAN CHASE BANK ACES -PLUMBING $1,425.00 JPMORGAN CHASE BANK ALARM BILLING -ALARM $90.00 JPMORGAN CHASE BANK AMAZON -BLUE VINYL $8.60 JPMORGAN CHASE BANK AMAZON -BLUE VINYL REF ($8.60) JPMORGAN CHASE BANK AMAZON-FS1 FILTER $44.98 JPMORGAN CHASE BANK AMAZON -GLASS CLEANER $29.76 JPMORGAN CHASE BANK AMAZON -PLATE COVERS $34.31 JPMORGAN CHASE BANK AMAZON-WEBCAM MB $41.29 JPMORGAN CHASE BANK CAMFIL-AIR FILTERS $1,699.73 JPMORGAN CHASE BANK HOBBYLOBBY-BLUE VINYL $4.99 JPMORGAN CHASE BANK HOME DEPOT -DOOR STOPS $35.79 JPMORGAN CHASE BANK HOME DEPOT -SHEETS $39.96 JPMORGAN CHASE BANK HOME DEPOT -STAPLER $82.94 JPMORGAN CHASE BANK HOME DEPOT -TOOL $26.97 JPMORGAN CHASE BANK JOHNSTONE-AC COIL $39.50 JPMORGAN CHASE BANK LOCKE-AIR FILTER $3.92 JPMORGAN CHASE BANK LOCKE-CAP FOR PIPE $4.08 JPMORGAN CHASE BANK LOCKE-LED LIGHTS $224.74 JPMORGAN CHASE BANK LOCKE-PLUMBING PARTS $25.17 JPMORGAN CHASE BANK LOWES-CABINET LOCKS $44.64 JPMORGAN CHASE BANK LOWES-CLEANING SUPP $25.98 JPMORGAN CHASE BANK LOWES-DOOR TOOL KITS $212.20 JPMORGAN CHASE BANK LOWES-DOORSTOPS $27.16 JPMORGAN CHASE BANK LOWES-DRAIN CAP $3.97 JPMORGAN CHASE BANK LOWES-DRILL BIT $10.96 JPMORGAN CHASE BANK LOWES-EXHAUST FAN $19.96 JPMORGAN CHASE BANK LOWES-GARDEN HOSES $139.44 JPMORGAN CHASE BANK LOWES-LIGHT SWITCH $21.48 JPMORGAN CHASE BANK LOWES-ROUND UP $40.48 JPMORGAN CHASE BANK LOWES-SANDING DISC $15.48 JPMORGAN CHASE BANK LOWES-SWITCHES $1.96 JPMORGAN CHASE BANK QUIT BUGGIN-PEST CTRL $95.00 JPMORGAN CHASE BANK RED WING -MULTI BOOTS $170.00 JPMORGAN CHASE BANK SAMS-MISC SUPPLIES $57.70 JPMORGAN CHASE BANK SAMSCLUB-OFFICE SUPP $311.58 JPMORGAN CHASE BANK SAMSCLUB-WATER $19.90 JPMORGAN CHASE BANK WALMART-MOUNT/TABLE $90.61 1 Claims List - 09/02/2025 Fund Vendor Name Payable Description Payment Amount 01 GENERAL UNIFIRST HOLDINGS LP UNIFORMS $86.33 FACILITY MAINTENANCE -Total $5,580.46 PACESETTER K9 LLC K9 BOMB DOG $9,000.00 FRIENDS OF OPD DONATION -Total $9,000.00 AEPIPSO ELECTRIC USE $565.26 JPMORGAN CHASE BANK AMAZON -ADDRESS LABELS $39.89 JPMORGAN CHASE BANK AMAZON -AIR FILTER $47.99 JPMORGAN CHASE BANK AMAZON -AIR PURIFIER $165.19 JPMORGAN CHASE BANK AMAZON -AIR REFRESHER $29.51 JPMORGAN CHASE BANK AMAZON -BATTERY $22.77 JPMORGAN CHASE BANK AMAZON -BATTERY REF ($22.77) JPMORGAN CHASE BANK AMAZON -CAM & COVER $99.98 JPMORGAN CHASE BANK AMAZON -CAMERA REF ($59.99) JPMORGAN CHASE BANK AMAZON -CAT CARRIER $44.98 JPMORGAN CHASE BANK AMAZON -CONCENTRATE $21.97 JPMORGAN CHASE BANK AMAZON -DIFFUSER ETC $281.01 JPMORGAN CHASE BANK AMAZON -DISINFECTANT $70.22 JPMORGAN CHASE BANK AMAZON -FLOOR CLEANER $48.40 JPMORGAN CHASE BANK AMAZON-FOGGER SPRAYER $99.00 JPMORGAN CHASE BANK AMAZON -LIGHT REF ($21.73) JPMORGAN CHASE BANK AMAZON-MED SUPPLIES $38.90 JPMORGAN CHASE BANK AMAZON -MEDICAL ITEMS $130.99 JPMORGAN CHASE BANK AMAZON -MEMORY CARD $42.99 JPMORGAN CHASE BANK AMAZON -MESH NETTING $25.64 JPMORGAN CHASE BANK AMAZON-MISC SUPP $96.53 JPMORGAN CHASE BANK AMAZON-MISC SUPPLIES $47.47 JPMORGAN CHASE BANK AMAZON -PET BOWLS $54.69 JPMORGAN CHASE BANK AMAZON -ROOM SPRAY $89.99 JPMORGAN CHASE BANK AMAZON-SANITIZER $210.90 JPMORGAN CHASE BANK AMAZON -SHOE MAT $40.92 JPMORGAN CHASE BANK AMAZON -SIGNS $66.15 JPMORGAN CHASE BANK AMAZON -UMBRELLA BASE $168.99 JPMORGAN CHASE BANK AMAZON -VACUUM PARTS $24.99 JPMORGAN CHASE BANK AMAZON -WALL HOOK ETC $87.88 JPMORGAN CHASE BANK FIRST TACTICAL-POLOS $149.97 JPMORGAN CHASE BANK GORUCK-SHOES $128.00 JPMORGAN CHASE BANK HOME DEPOT-MISC SUPP $181.75 JPMORGAN CHASE BANK MIDWEST VET-MED SUPP $72.05 JPMORGAN CHASE BANK PAYPAL-STERILIZATION $150.00 JPMORGAN CHASE BANK PETSMART-DOG FOOD $66.95 JPMORGAN CHASE BANK QUARTERMASTER -PANTS $247.96 2 Claims List - 09/02/2025 Fund 01 GENERAL Vendor Name Payable Description Payment Amount JPMORGAN CHASE BANK STROBES-VEH LIGHTS $293.14 JPMORGAN CHASE BANK TACTACAM-DATA PLAN $9.00 JPMORGAN CHASE BANK VCA-DOG MED CARE $209.81 JPMORGAN CHASE BANK VCA-MEDICAL EXAMS $568.84 JPMORGAN CHASE BANK ZOETIS-HW TEST KIT $108.16 PLATINUM PROTECTION, INC. MONITORING $180.00 ROSERUSH SERVICES LLC ANNUAL FEE $2,050.00 GEN ANIMAL CONTROL -Total $6,974.34 AEP/PSO ELECTRIC USE $24.25 JPMORGAN CHASE BANK BROWN -SOD $40.00 JPMORGAN CHASE BANK HOME DEPOT -LOCKS $83.92 JPMORGAN CHASE BANK LOWES-PAINT SUPPLIES $296.01 SPOK INC. PAGER USE $10.60 UNIFIRST HOLDINGS LP UNIFORM SERVICES $19.20 GEN CEMETERY -Total $473.98 AEP/PSO ELECTRIC USE $2,239.34 IMPERIAL LLC COFFEE BAR $102.55 JPMORGAN CHASE BANK HOME DEPOT -DOOR REPR $47.44 JPMORGAN CHASE BANK LOWES-CLEANING SUP $68.84 JPMORGAN CHASE BANK LOWES-PLASTIC SHEETS $21.98 JPMORGAN CHASE BANK SHERWIN-PAINT $62.45 GEN COMMUNITY CENTER -Total $2,542.60 ERIC WALTRIP MOWING $400.00 JPMORGAN CHASE BANK COLUMN -LEGAL NOTICE $168.44 JPMORGAN CHASE BANK HOME DEPOT -YARD SIGNS $20.31 JPMORGAN CHASE BANK SAMSCLUB-OFFICE SUPP $15.48 JPMORGAN CHASE BANK TOMMYS-FLEET MAINT $106.46 JPMORGAN CHASE BANK ZOOM -SUBSCRIPTION $149.90 GEN COMMUNITY DEVELOPMENT -Total $860.59 AEP/PSO ELECTRIC USE $21.61 GEN ECONOMIC DEV -Total $21.61 AEP/PSO ELECTRIC USE $714.28 JPMORGAN CHASE BANK COUNCIL ON LAW-CLEET $82.20 JPMORGAN CHASE BANK OKGOV-CLEET FEE $3.89 JPMORGAN CHASE BANK WALMART-PRISON BOARD $53.10 TREASURER PETTY CASH CLEET APP FEE $20.55 GEN EMERG COMMUNICATIONS -Total $874.02 AEP/PSO ELECTRIC USE $125.71 GEN EMERG PREPAREDNESS -Total $125.71 UNIFIRST HOLDINGS LP UNIFORM SERVICES $43.48 3 Claims List - 09/02/2025 Fund Vendor Name Payable Description Payment Amount 01 GENERAL GEN ENGINEERING -Total $43.48 INTEGRITY CLIENT SERVICES, LLC GASB75 REPORT $4,950.00 JPMORGAN CHASE BANK AMAZON-1 ST AID SUPPLY $7.98 JPMORGAN CHASE BANK AMAZON -BURN SPRAY $7.74 JPMORGAN CHASE BANK FSP-CONFERENCE $195.00 JPMORGAN CHASE BANK FSP-MEMBERSHIP $16.67 JPMORGAN CHASE BANK PAYROLL -MEMBERSHIP $305.00 SUMNERONE INC COPIER SERVICE $62.00 GEN FINANCE -Total $5.544.39 AEP/PSO ELECTRIC USE $8,322.92 BEST & SHARP INC LITIGATION MATTERS $4,810.20 ELIZABETH ANNE CHILDS GEN LEGAL MATTERS $1,935.00 ELIZABETH ANNE CHILDS LEGAL FEES $3,060.00 JPMORGAN CHASE BANK AMERICAN-UTILITIES $131.17 MAILROOM FINANCE INC POSTAGE $1,500.00 MCAFEE & TAFT LEGAL -PERSONNEL $15,661.33 GEN GENERAL GOVERNMENT -Total $35,420.62 AEP/PSO ELECTRIC USE $317.83 JPMORGAN CHASE BANK EMTEC-TERMITE CNTL $200.00 GEN HISTORICAL MUSEUM -Total $517.83 JPMORGAN CHASE BANK SAVON-BANNER $1,370.00 JPMORGAN CHASE BANK SUNDANCE-PAPER $244.80 GEN HR-CHAR INITIATIVE -Total $1,614.80 JPMORGAN CHASE BANK AMAZON -REFUND ($33.98) JPMORGAN CHASE BANK AMAZON -SCREWS $64.97 JPMORGAN CHASE BANK INDEED -JOB ADVERTISE $242.54 JPMORGAN CHASE BANK ODP-OFFICE SUPPLIES $36.38 JPMORGAN CHASE BANK SAMS-SNACKS $42.92 STEPHANIE STAPLES EMPLOYEE TRAINING $2,000.00 GEN HUMAN RESOURCES -Total $2,352.83 AT&T MOBILITY PUBLIC SAFE WIRELESS $83.35 CHICKASAW TELECOM INC FIREWALL SUPPORT $7,740.18 JPMORGAN CHASE BANK EBAY -INSTALL SUPP $81.99 JPMORGAN CHASE BANK EBAY-INSTALL SUPP $148.72 JPMORGAN CHASE BANK FASTENAL -INSTALL SUP $89.45 JPMORGAN CHASE BANK GRAYBAR -INSTALL SUPP $84.66 JPMORGAN CHASE BANK GRAYBAR -SHIPPING $1.21 JPMORGAN CHASE BANK TESSCO -INSTALL SUPP $100.24 GEN INFORMATION TECH -Total $8,329.80 AMERICANCHECKED INC ATTN: BILLING BACKGROUND CHKS $197.92 4 Claims List - 09/02/2025 Fund Vendor Name Payable Description Payment Amount 01 GENERAL JPMORGAN CHASE BANK SAMS-DETERGENT $13.98 JPMORGAN CHASE BANK SAMS-WATER&TISSUES $27.26 GEN MANAGERIAL -Total $239.16 JPMORGAN CHASE BANK SAMS-DISINFECT WIPES $29.96 GEN MUNICIPAL COURT -Total $29.96 AEPIPSO ELECTRIC USE $1,886.88 GT ELECTRIC SERVICES LLC CENT PK RR WORK $2,685.00 JPMORGAN CHASE BANK AMAZON -REDBUD CART $172.75 JPMORGAN CHASE BANK ATWOOD-MOWER OIL $29.99 JPMORGAN CHASE BANK C&C-HAND SOAP $60.00 JPMORGAN CHASE BANK CORNERSTONE -BLADES $31.98 JPMORGAN CHASE BANK CORNERSTONE -MISC SUP $47,33 JPMORGAN CHASE BANK CORNERSTONE -TRIMER $145.78 JPMORGAN CHASE BANK CORNERSTONE -PAINT $18.98 JPMORGAN CHASE BANK CORNERSTONE -TRIM LINE $141.98 JPMORGAN CHASE BANK CORNERSTONE -WEEDS $34.99 JPMORGAN CHASE BANK EAGLE REDI-CONCRETE $512.00 JPMORGAN CHASE BANK HOME DEPOT -PAINT $43.48 JPMORGAN CHASE BANK JANI KING -JANITORIAL $4,302.08 JPMORGAN CHASE BANK LOWES-TRIMER SUPPLIES $61.79 JPMORGAN CHASE BANK NEWELL-LAWN MAINT $433.38 JPMORGAN CHASE BANK NEWELL-PEST $390.00 JPMORGAN CHASE BANK SUTHERLANDS-CHALK $67.96 JPMORGAN CHASE BANK TURFWORX-MOWING $3,660.00 MURRAY WOMBLE INC PARK DOOR REPAIR $270.50 MURRAY WOMBLE INC REDBUB RR REPAIRS $500.00 OPW COMMERCIAL SERVICES LLC DOG PK SHADE $19,479.50 STAUFFER ENTERPRISES INC AUG MOWING $1,075.00 STAUFFER ENTERPRISES INC CENT PK MOWING $1,075.00 UNIFIRST HOLDINGS LP PARKS UNIFORM $30.78 UNIFIRST HOLDINGS LP UNIFORMS $30.78 GEN PARKS -Total $37,187.91 ARIEL HUERTA RUMBLE BALLOONS $200.00 JPMORGAN CHASE BANK AMAZON -BATTERIES $19.09 JPMORGAN CHASE BANK AMAZON -SPEAKER $15.61 JPMORGAN CHASE BANK FIELDHOUSE-EMBROIDERY $100.00 JPMORGAN CHASE BANK NRPA -CERTIFICATION $275.00 JPMORGAN CHASE BANK ODP-OFFICE SUPPLIES $9.99 JPMORGAN CHASE BANK OTC BRANDS -DECOR $5.98 JPMORGAN CHASE BANK SAMS-GRD BRKING $28.10 JPMORGAN CHASE BANK WALMART-GRD BRKING $7.94 b7 Claims List - 09/02/2025 Fund Vendor Name Payable Description Payment Amount 01 GENERAL RIKKI FERRIER LIGHTS ON FACEPAINT $50.00 RIKKI FERRIER RUMBLE FACE PAINTER $183.75 SUMNERONE INC PRINTER MAINT $30.69 GEN RECREATION & CULTURE -Total $926.15 HERITAGE LANDSCAPING LLC LAWN MAINTENANCE $1,170.00 JPMORGAN CHASE BANK ACADEMY -MULTI BOOTS $89.99 JPMORGAN CHASE BANK AMAZON -DUFFLE BAGS $102.92 JPMORGAN CHASE BANK ATWOOD-PUMP SPRAYER $26.99 JPMORGAN CHASE BANK CORNERSTONE- OIL $26.99 JPMORGAN CHASE BANK DITCH WITCH -FITTINGS $17.40 JPMORGAN CHASE BANK P& K-BOLT & NUT $28.72 JPMORGAN CHASE BANK TRACTOR -MULTI BOOTS $159.99 SPIRIT LANDSCAPE MANAGEMENT LLC IRRIGATION SERVICES $90.00 SPOK INC. PAGER USE $86.01 UNIFIRST HOLDINGS LP UNIFORM SERVICES $164.02 GEN STORMWATER -Total $1,963.03 JPMORGAN CHASE BANK ERRONEOUS CHG $10.93 TREASURER PETTY CASH CC DEPT REF-GAMBLIAN $50.00 TREASURER PETTY CASH CC DEPT REF -MARTIN $50.00 TREASURER PETTY CASH CC REF WILLIAMSON $50.00 TREASURER PETTY CASH CC REF-BLANCHARD $30.00 TREASURER PETTY CASH OCC DE REF- VANARDSEL $100.00 GENERAL -Total $290.93 GENERAL -Total $193,795.20 20 AMBULANCE SERVICE EMS TECHNOLOGY SOLUTIONS, LLC MED SUPPLIES $704.37 JPMORGAN CHASE BANK BOUND-MED SUPPLIES $1,061.30 JPMORGAN CHASE BANK TELEFLEX-MED SUPPLIES $1,995.00 MEDLINE INDUSTRIES INC MED SUPPLIES $106.76 AMBULANCE -Total $3,867.43 TREASURER PETTY CASH SR AMB REF- COHEN $20.40 TREASURER PETTY CASH SR AMB REF- MEIR $20.40 TREASURER PETTY CASH SR AMB REF- STURGEON $20.40 TREASURER PETTY CASH SR AMB REF- THOMPSON $20.40 TREASURER PETTY CASH SR AMB REF- WALKER $20.40 TREASURER PETTY CASH SR AMB REF- ZIMMERMAN $20.40 AMBULANCE SERVICE -Total $122.40 AMBULANCE SERVICE -Total $3,989.83 21 E-911 ASSOCIATION OF PUBLIC -SAFETY JUNE SOFTWARE MAINT $333.32 DANA SAFETY SUPPLY, INC DISPATCH UNIFORM $53.39 DEPARTMENT OF PUBLIC SAFETY JULYACCESS $851.00 0 Claims List - 09/02/2025 Fund Vendor Name Payable Description Payment Amount 21 E-911 DIGITALMARKETS RECORDER MAINTENANCE $9,983.00 INCOG 911 INCOG FEES $17,158.60 JPMORGAN CHASE BANK AMAZON -CLEANING SUPP $25.88 JPMORGAN CHASE BANK QUEENSBORO-POLOS $107.85 E911 COMMUNICATIONS -Total $28,513.04 E-911 -Total $28,513.04 25 HOTEL TAX GREEN COUNTRY INC EVENT PROMO REDBUD $650.00 HOTEL TAX ECON DEV -Total $650.00 JPMORGAN CHASE BANK DG-RECEIPT BOOK $3.00 JPMORGAN CHASE BANK SCOREBOARD -SHIRTS $24.96 STRONG NEIGHBORHOODS -Total $27.96 HOTELTAX -Total $677.96 27 STORMWATER MANAGEMENT JPMORGAN CHASE BANK ANCHOR -RIP RAP/ROCK $3,668.00 JPMORGAN CHASE BANK GREENHILL-CONCRETE$855.00 CEMETARY WALL REPLACEMENT - Total $4,523.00 AEP/PSO ELECTRIC USE $450.87 JPMORGAN CHASE BANK AMERIFLEX-GASKETS $35.00 JPMORGAN CHASE BANK ANCHOR -RIP RAP/ROCK $3,975.36 JPMORGAN CHASE BANK BROWN -SOD $80.00 JPMORGAN CHASE BANK BROWN -SOD STAKES $59.00 JPMORGAN CHASE BANK BROWN FARMS -SOD $75.00 JPMORGAN CHASE BANK CANVA-SOFTWARE $119.99 JPMORGAN CHASE BANK FENSCO-18 COUPLERS $347.16 JPMORGAN CHASE BANK LOT 109-PARKING FEE $14.00 JPMORGAN CHASE BANK LOWES-CONCRETE $336.15 JPMORGAN CHASE BANK LOWES-SPRAY FOAM $16.74 JPMORGAN CHASE BANK OFFICE DEPOT-MISC OFF $140.44 JPMORGAN CHASE BANK QUIKSERVICE-STEEL $298.45 JPMORGAN CHASE BANK SITEONE -WIRE & NUTS $136.58 JPMORGAN CHASE BANK TWIN CITIES -CONCRETE $316.00 JPMORGAN CHASE BANK WALMART-OFFICE DESKS $336.00 JPMORGAN CHASE BANK WHITE CAP -HARD HATS $45.84 JPMORGAN CHASE BANK WHITE CAP-SONOTUBE $67.80 LOT MAINTENANCE OF OKLAHOMA, INC. LAWN MAINTENANCE $9,928.00 TREASURER PETTY CASH PER DIEM 8125-8/28 $280.00 UNIFIRST HOLDINGS LP UNIFORM SERVICES $13.02 STORMWATER-STORMWATER -Total $17,071.40 STORMWATER MANAGEMENT -Total $21,594.40 31 AMBULANCE CAPITAL TREASURER PETTY CASH TREASURER PETTY CASH SR AMB REF- COHEN $3.60 SR AMB REF- MEIR $3.60 7 Claims List - 09/02/2025 Fund Vendor Name Payable Description Payment Amount 31 AMBULANCE CAPITAL TREASURER PETTY CASH SR AMB REF- STURGEON $3.60 TREASURER PETTY CASH SR AMB REF- THOMPSON $3.60 TREASURER PETTY CASH SR AMB REF- WALKER $3.60 TREASURER PETTY CASH SR AMB REF- ZIMMERMAN $3.60 AMBULANCE CAPITAL -Total $21.60 ZOLL MEDICAL CORP EQUIPMENT LEASE $19,917.44 AMBULANCE CAPITAL FD -Total $19,917.44 AMBULANCE CAPITAL -Total $19,939.04 34 VISION TAX GRADE LINE CONSTRUCTION CONSTRUCITON SERVICES $191,262.57 96TH FROM 119TH TO BRIDGE -Total $191,262.57 VISION TAX -Total $191,262.57 37 SALES TAX FIRE AEP/PSO ELECTRIC USE $9,065.31 HERITAGE LANDSCAPING LLC AUG MOWING $2,925.00 JPMORGAN CHASE BANK FEDEX-SHIPPING $13,74 JPMORGAN CHASE BANK RESCUE BAGS $254.00 OKLAHOMA DEPARTMENT OF LABOR BOILER INSPECTION $50.00 WILLIAM A HARRISON INC GARAGE REPR $13,617.00 SALES TAX FUND -FIRE - Total $25,925.05 SALES TAX FIRE - Total $25,925.05 38 SALES TAX POLICE AEP/PSO ELECTRIC USE $9,460.55 ARMS UNLIMITED INC RIFLE PARTS $10,290.00 AT&T MOBILITY PUBLIC SAFE WIRELESS $141.96 BOARD OF TESTS FOR ALCOHOL & DRUG ENROLLMENT $62.00 CLEARVIEW AI, INC. INVESTIGATIVE LICENSE $8,217.00 JPMORGAN CHASE BANK ADOBE -LICENSE $779.88 JPMORGAN CHASE BANK AMAZON -FILE FOLDERS $58.99 JPMORGAN CHASE BANK AMAZON -FIREARMS ITEMS $187.02 JPMORGAN CHASE BANK AMAZON -HOLSTERS $235.55 JPMORGAN CHASE BANK AMAZON -PENCILS $12.69 JPMORGAN CHASE BANK AMAZON -SHREDDER OIL $140.00 JPMORGAN CHASE BANK AMAZON -SMALL DESK ETC $49.07 JPMORGAN CHASE BANK AMAZON -SURGE PROTECT $8.99 JPMORGAN CHASE BANK AMAZON -THERMOMETER $9.98 JPMORGAN CHASE BANK AMAZON -TONER $88.00 JPMORGAN CHASE BANK AUTOBOOKS-TRNG 1118 $364.00 JPMORGAN CHASE BANK CORNERSTONE -FASTENERS $9.56 JPMORGAN CHASE BANK CORNERSTONE -FIREARMS $433.86 JPMORGAN CHASE BANK CORNERSTONE -LOCKS $53.98 JPMORGAN CHASE BANK EATON-INSTALLATION $800.00 JPMORGAN CHASE BANK EVERETT-TRAINING 987 $595.00 9 Claims List - 09/02/2025 Fund 38 SALES TAX POLICE Vendor Name Payable Description Payment Amount JPMORGAN CHASE BANK GALLS -UNIFORM $282.99 JPMORGAN CHASE BANK GLADIATOR -FIREARMS $299.80 JPMORGAN CHASE BANK GRAINGER-FLARES $459.68 JPMORGAN CHASE BANK GUARDIANS-TRNG 963 $108.55 JPMORGAN CHASE BANK HOBBY LOBBY -FRAMES $47.99 JPMORGAN CHASE BANK HOME DEPOT -ROLL TOTE $64.98 JPMORGAN CHASE BANK INTERSTATE-BATT REC $6.00 JPMORGAN CHASE BANK KODEX-SUBPOENA $50.00 JPMORGAN CHASE BANK KORE-DUTY BELT $147.00 JPMORGAN CHASE BANK LODGING EXP 07/27-31 $653.80 JPMORGAN CHASE BANK LOWES-COMB LOCK $11.98 JPMORGAN CHASE BANK LOWES-FIREARMS ITEMS $733.17 JPMORGAN CHASE BANK LOWES-SIGN / FLAG $5.97 JPMORGAN CHASE BANK MOTOROLA-KNOBS $32.30 JPMORGAN CHASE BANK NEGOTIATION-TRNG 987 $100.00 JPMORGAN CHASE BANK NIGHTFORCE-OPTICS $2,998.50 JPMORGAN CHASE BANK NLEFIA-MEMBERSHIP FEE $50.00 JPMORGAN CHASE BANK NLEFIA-TRANING 994 $600.00 JPMORGAN CHASE BANK OFFICE DEPOT -FIREARMS $139.99 JPMORGAN CHASE BANK OFFICE DEPOT -KEYBOARD $50.99 JPMORGAN CHASE BANK OFFICEDEPOT-MEMO PADS $54.34 JPMORGAN CHASE BANK PAYPAL-NEW HIRE $39.90 JPMORGAN CHASE BANK PAYPAL-TRAINING $750.00 JPMORGAN CHASE BANK PAYPAL-TRNG 1116 $375.00 JPMORGAN CHASE BANK ROYAL CANIN-K9 FOOD $319.96 JPMORGAN CHASE BANK SAMS-PAPER GOODS $400.16 JPMORGAN CHASE BANK SAVON-BUSINESS CARDS $40.00 JPMORGAN CHASE BANK SHELL -FUEL $33.93 JPMORGAN CHASE BANK SPECIAL OPS-NEW HIRE $1,659.40 JPMORGAN CHASE BANK TABLEMOUNTAIN-FIREARM $1,420.00 JPMORGAN CHASE BANK ULINE-LOCKERS $918.98 JPMORGAN CHASE BANK ZERO9-NEW HIRE EQUIPT $34.99 LAURA LEHNER TUITION REIMBURSEMENT $756.00 METAL PANELS INC FOAM CLOSURE $72.90 OKLAHOMA DEPARTMENT OF LABOR BOILER INSPCT $50.00 SUMNERONE INC PRINTER LEASE $61.54 TREASURER PETTY CASH CALEB THOMPSON- REIMS $25.78 TRUE REFLECTIONS LLC WINDOW TINT $1,690.00 VIQ SOLUTIONS INC TRANSLT SRVC $555.00 SALES TAX FUND -POLICE -Total $48,099.65 SALES TAX POLICE - Total $48,099.65 Claims List - 09/02/2025 Fund Vendor Name Payable Description Payment Amount 39 SALES TAX STREETS AEPIPSO ELECTRIC USE $3,609.78 CAMO FARMS INC ASPHALT $453.10 JPMORGAN CHASE BANK ANCHOR -ROCK $2,189.00 JPMORGAN CHASE BANK ATWOOD -SPRAYERS $40.13 JPMORGAN CHASE BANK ATWOOD -TRAILER HITCH $139.99 JPMORGAN CHASE BANK ATWOOD-MOTOR OIL $11.99 JPMORGAN CHASE BANK ATWOOD-MULTI BOOTS $294.94 JPMORGAN CHASE BANK BOOT BARN -MULTI BOOTS $169.95 JPMORGAN CHASE BANK BROWN FARMS -SOD $415.00 JPMORGAN CHASE BANK EAGLE REDI-CONCRETE $813.00 JPMORGAN CHASE BANK FASTENAL-BOLTSRNUTS $29.97 JPMORGAN CHASE BANK HOME DEPOT -CLAMPS $76.86 JPMORGAN CHASE BANK HOME DEPOT -FORMS $72.86 JPMORGAN CHASE BANK HOME DEPOT -GRINDER $65.97 JPMORGAN CHASE BANK HOME DEPOT -WOOD $174.61 JPMORGAN CHASE BANK INTERSTATE -BATTERIES $362.30 JPMORGAN CHASE BANK INTERSTATE -BATTERIES $2,291.60 JPMORGAN CHASE BANK LOWES -LUMBER $358.94 JPMORGAN CHASE BANK LOWES -MULCH $29.88 JPMORGAN CHASE BANK LOWES-AIR FILTERS $57.54 JPMORGAN CHASE BANK LOWES-ANCHOR BOLTS $36.48 JPMORGAN CHASE BANK LOWES-BATTERIES $302.44 JPMORGAN CHASE BANK LOWES-CONCRETE FORMS $112.79 JPMORGAN CHASE BANK LOWES-DRILL BITS $71.80 JPMORGAN CHASE BANK LOWES-EXPANSION JOINT $111.40 JPMORGAN CHASE BANK LOWES-FORMS-SIDEWALK $25.92 JPMORGAN CHASE BANK LOWES-GRADE STAKES $31.92 JPMORGAN CHASE BANK LOWES-LUMBER $184.15 JPMORGAN CHASE BANK LOWES-LUMBER FORMS $133.80 JPMORGAN CHASE BANK LOWES-WATER CAN $94.34 JPMORGAN CHASE BANK TWIN CITIES -CONCRETE $1,786.00 JPMORGAN CHASE BANK TWIN CITIES -CONCRETE $3,050.00 JPMORGAN CHASE BANK VANCE BRO-TACK OIL $110.60 JPMORGAN CHASE BANK WHITE CAP-ADA MATS $684.10 JPMORGAN CHASE BANK XCESSORIES -BOLT KITS $119.50 SPOK INC. PAGER USE $166.83 TULSA COUNTY HIGHWAY CONSTRUCTION STREET SIGNS $776.00 UNIFIRST HOLDINGS LP UNIFORM SERVICES $220.82 SALES TAX FUND -STREETS -Total $19,676.20 SALES TAX STREETS - Total $19,676.20 40 CAPITAL IMPROVEMENTS UNIVERSAL FIELD SERVICES INC MILEAGE $151.90 10 Claims List - 09/02/2025 Fund Vendor Name Payable Description Payment Amount 40 CAPITAL IMPROVEMENTS 96TH FROM 134TH TO 145TH -Total $151.90 GARVER ENGINEERING SERVICES $1,050.00 CIP 106/129 INTERSECT IMP -Total $1,050.00 JPMORGAN CHASE BANK GRAPHIC RES-PLAN SET $381.20 CIP GARN RD WIDE 106-116 -Total $381.20 JPMORGAN CHASE BANK AMAZON -LAPTOP CRADLES $3,941.04 JPMORGAN CHASE BANK EATON ELECT -EQUIPMENT $3,250.00 CIP POLICE VEHICLES -Total $7,191.04 CAPITAL IMPROVEMENTS -Total $8,774.14 44 TRANSPORTATION TAX KIMLEY-HORN AND ASSOCIATES INC ENGINEERING SERVICES $68,983.25 106TH ST 129TH TO 145TH - Total $68,983.25 GARVER ENGINEERING SERVICES $104,261.80 96TH ST MINGO-GARNETT -Total $104,261.80 TRANSPORTATION TAX -Total $173,245.05 70 CITY GARAGE AEP/PSO ELECTRIC USE $1,016.54 FIREHOUSE TOWING LLC TOWING $129.67 JPMORGAN CHASE BANK AMAZON -BATTERY $49.89 JPMORGAN CHASE BANK AMAZON -DODGE RELAYS $25.62 JPMORGAN CHASE BANK AMAZON -SUN SHADES $17.98 JPMORGAN CHASE BANK AMAZON -WEDGE $31.90 JPMORGAN CHASE BANK BRUCKNER-FUEL TANK $3,056.92 JPMORGAN CHASE BANK GRIZZLY -DRILL PRESS $1,447.65 JPMORGAN CHASE BANK GRIZZLY -TAX REFUND ($97.65) JPMORGAN CHASE BANK HARBOR -SHOP PRESS $1,638.97 JPMORGAN CHASE BANK HESSELBEIN-TIRES $1,160.90 JPMORGAN CHASE BANK IMPERIAL -LUG NUTS $42.75 JPMORGAN CHASE BANK IMPERIAL-VELCRO $104.21 JPMORGAN CHASE BANK IPA -TRAILER TESTER $1,200.00 JPMORGAN CHASE BANK JIM GLOVER -BLOWER $275.00 JPMORGAN CHASE BANK JIM GLOVER -COOLANT $302.11 JPMORGAN CHASE BANK JIM GLOVER -MOTOR $275.00 JPMORGAN CHASE BANK JIM GLOVER -NOZZLE $152.44 JPMORGAN CHASE BANK JIM GLOVER -SENSOR $44.32 JPMORGAN CHASE BANK JIM GLOVER -SUCTION $118.15 JPMORGAN CHASE BANK JIM NORTON-SENSOR $57.93 JPMORGAN CHASE BANK ODP-OFFICE SUPPLIES $6.59 JPMORGAN CHASE BANK ROCK AUTO -STOCK ORDER $1,009.20 JPMORGAN CHASE BANK ROCK-TPMS SENSORS $159.15 JPMORGAN CHASE BANK SAMS-PAPER TOWELS $19.98 JPMORGAN CHASE BANK SAMS-WATER&TISSUES $6.42 11 Claims List - 09/02/2025 Fund Vendor Name Payable Description Payment Amount 70 CITY GARAGE JPMORGAN CHASE BANK SCHEELS-SAFETY BOOTS $149.99 JPMORGAN CHASE BANK SOUTHERN -SEAL $325.00 JPMORGAN CHASE BANK SOUTHERN -TIRES $7,719.50 JPMORGAN CHASE BANK UNITED -VISOR CLIPS $338.70 JPMORGAN CHASE BANK WELDON-BRAKE PARTS $409.30 UNIFIRST HOLDINGS LP UNIFORMS $166.94 FLEET MAINTENANCE -Total $21,361.07 CITY GARAGE -Total $21,361.07 76 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS $9,856.07 WORKERS' COMP SELF -INS -Total $9,856.07 WORKERS' COMP SELF -INS -Total $9,856.07 77 GENERAL LIABILITY-PROPERT JEFFREY WINDSCHITL TORT CLAIM $700.00 MARSHA WAGONER TORT CLAIM $423.00 GEN LIAB-PROP SELF INS -Total $1,123.00 GENERAL LIABILITY-PROPERT - Total $1,123.00 78 HEALTHCARE SELF INS FUND COMMUNITYCARE EAP EAP PROGRAM $468.00 PUSH PEDAL PULL, INC FITNESS MAINT $110.00 WELLNESS -Total $578.00 HEALTHCARE SELF INS FUND -Total $578.00 City Grand Total $768,410.27 M, TO: The Honorable Mayor and City Council FROM: Earl Farris, Project Administrator SUBJECT: Acceptance of 2025 Street Rehabilitation Project Maintenance of Existing Streets Using High -Density Mineral Bond (HA5) DATE: August 28, 2025 BACKGROUND: In June 2025, as a part of the 2025 Street Rehabilitation Project, City Council approved a contract with Holbrook Asphalt, LLC in the amount of $332,992,00 to apply a product called (HA5) High Density Mineral Bond. Below are the subdivisions where the product was applied to the asphalt roadways. o Camelot Estates o Lakes at Bailey Ranch o Park Place at Preston Lakes The product is used to re -seal streets which helps lower long-term maintenance costs and adds life to existing roadways. In August, Holbrook Asphalt completed all work in the contract. City staff inspected the project and agreed that all requirements and standards had been met. The final (and only payment) of $315,492.00, results in an $17,500.00 contract underrun. FUNDING: Funding for the project is available in the Capital Improvement Fund and Streets Division operating budget. RECOMMENDATION: Staff recommends acceptance of the project and authorization for final payment to Holbrook Asphalt, LLC of Saint George, Utah in the amount of $315,492.00. ATTACHMENTS: Final Pay Documents Location Map V - a8Jz3 5/0-3ao .1-55 - �`fal0 r-Y zs ,*' Services Performed For City of Owasso OK Multiple Locations Owasso OK 74055 Accounts Receivable 1545 E Commerce Dr 5t. George UT 84790 Bill To City of Owasso OK Attn: Dwayne Henderson 200 S Main St Owasso OK 74055 Item Mobilization and Bonding Fees HAS Clean & prepare surface using high pressure air & wire bristle brooms. Install "HAS" High Density Mineral Bond advanced performance pavement preservaoon treatment. No guarantee surface treatments will adhere to areas saturated with motor oil. HAS meets demands of High Density Mineral Bond Specification established by agency engineers. Traffic Control Shuttle Service Shuttle service to Include 3 golf carts (1 golf cart in each of the 3 subdivisions) and driver staffing at $500.00 each for 14 days. signage Purchase of No Parking signs Crack seal, asphalt repairs and striping to be done by others. �-;--�—�13 t� z�ab�is� t-�o.t�al/fie Invoice# Date HAU924550 8/6/2025 Terms Due Upon Completion Adviser Information Kent Nobis Email: k�pre nryasphalt cam Phone: 435-619-0575 Description 2025 HAS High Density Mineral Bond Amount Due Final Bill Page 1 of 1 Invoice PO/LD 8 Qty UM Rate Total LS 15,600.00 65,498 SgYd 4.00 261,992.00 LS 14,400.00 14 Ea 1.500.00 21,000.00 LS 2,500.00 $315,492.00 CONTRACTOR'S FINAL RELEASE AND WAIVER OF LIEN Proiectl Owner Contractor Project:2025 HA5 High Density Mineral Bond Street Protect Name: Holbrook Asphalt Address: 200 South Main Owasso OK 74055 city stale Zip Code Owner: City of Owasso TO ALL WHOM IT MAY CONCERN: Address: 1545 E Commerce Dr St George UT 84790 cm Slate Zip Code Contractor Licence: Contract Date: 6 / 17 /2025 For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned Contractor hereby waives, discharges, and releases any and all liens, claims, and rights to liens against the above -mentioned project, and any and all other property owned by or the title to which is in the name of the above -referenced Owner and against any and all funds of the Owner appropriated or available for the construction of said project, and any and all warrants drawn upon or issued against any such funds or monies, which the undersigned Contractor may have or may hereafter acquire or possess as a result of the furnishing of labor, materials, and/or equipment, and the performance of Work by the Contractor on or in connection with said project, whether under and pursuant to the above -mentioned contract between the Contractor and the Owner pertaining to said project or otherwise, and which said liens, claims or rights of lien may arise and exist. The undersigned further hereby acknowledges that the sum of Three hundred fifteen thousand four hundred ninety two & 00/100 Dollars ($315,492.Oo ) constitutes the entire unpaid balance due the undersigned in connection with said project whether under said contract or otherwise and that the payment of said sum to the Contractor will constitute payment in full and will fully satisfy any and all liens, claims, and demands which the Contractor may have or assert against the Owner in connection with said contract or project. Witness to Signature: A A Dated this day of �uG_ 20,?5 Page 1 of 1 Printfonn CLAIM OR INVOICE AFFIDAVIT STATE OF &KEAHOMA 07—,4N ) COUNTY OF )SS (�J�sHtn� The undersigned (Architect, Contractor, Supplier, Engineer or Supervisory Official), of lawful age, being fast duly sworn, on oath says that this (Invoice, Claim or Contract) is true and correct. Affiant further states that the (work, services or materials) as shown by this Invoice or Claim have been (completed or supplied) in accordance with the Plans, Specifications, orders or requests furnished to the Affiant. Affiant further states that (s)he has made no payment, nor given, nor donated, or agreed to pay, give, or donate, either directly or indirectly, to any elected official, officer, or employee of the State, County, or City of money or any other thing of value to obtain payment or the of this contract. i i F9 � ntractor or-guppiiEX Subscribed and (sw�ornl to before me this jV6 day of AU& �3S Notary Public Commission # 7a 9asV .' - ' Pjolary Public, ;tare of Utah Crmmisaian :F 729254 �•My Commission Expires FCGvnrr 26, 2027 My Commission Expires: 7- Architect, Engineer or other Supervisory Official Subscribed and sworn to before me this day of Notary Public Commission # My Commission Expires: NOTE: Strike out words not appropriate and sign appropriate signature line. Architect, Engineer approval is not required for Contractor or Supplier Affidavit. E116thStNo 'IOLPLi F am Q ^I f I I{F 1r K p❑ I id ir'ii. L L~ w z. E 96th St No LaCaes at Baffle! "N �„ E 86th St No J Q w ti PROJECT VICINITY MAP ■ illrr:�7 �•u�E 96th St NO: uj all WHO- . .. . • �s Park Place at Preston Lakes E.76th St NO TO: The Honorable Mayor and City Council FROM: Michele Dempster, Human Resources Director SUBJECT: OkMRF Retirement Requests DATE: August 28, 2025 BACKGROUND: Oklahoma Municipal Retirement Fund (OkMRF) serves as the retirement plan for employees not covered by the State Police or State Fire Pension plans. The City Council, acting as the OkMRF Retirement Committee, must approve applications for retirement. To be eligible for retirement benefits through OkMRF an employee must have a minimum of five years of employment. Once an employee has five years of service the employee is considered vested and upon leaving employment with the City has three options depending upon age. 1. Normal Retirement is available to a vested employee age 65 or older, or age 62 with thirty years of service. 2. Early Retirement Is available to a vested employee between ages 55 and 65. 3. Deferred Retirement is available to a vested employee under the age of 65. Deferred Retirement allows an employee to "defer" retirement benefits until a future date. August 15, 2025, was the last day of employment for Donald "Don" Lynch, Emergency Preparedness. Mr. Lynch was a participant in the OkMRF retirement plan while employed with the City since August 2020. Mr. Lynch is vested and has applied for, and meets the prerequisites for Early Retirement. July 11, 2025, was the last day of employment for Jessica Fletcher, Emergency Communications. Ms. Fletcher was a participant in the OkMRF retirement plan while employed with the City since January 2009. Ms. Fletcher is vested and has applied for, and meets the prerequisites for Deferred Retirement. RECOMMENDATION: Staff recommends approval of Early Retirement benefits for Donald Lynch, and Deferred Retirement benefits for Jessica Fletcher. TO: The Honorable Mayor and City Council FROM: Larry Langford, Director of Recreation and Culture SUBJECT: Funtastic Island Restroom Remodel Project Final Pay DATE: August 28, 2025 BACKGROUND: On April 1, 2025, City Council awarded a contract to Servpro of South Tulsa County, Oklahoma, in the amount of $56,546.97 for restroom improvements at Funtastic Island. Improvements included repair of any damaged areas, removal of existing skylights, installation of electricity and heating, installation of new metal roof, removal and replacement of exterior sealant, and cleaning, preparation and painting of interior and external surfaces. FINAL INSPECTION: On August 19, 2025, Servpro completed all required work identified within the contract. Final inspection was completed by the Parks Department. All standards for acceptance have been met. FUNDING: Funding is available in 2025-2026 Parks Department budget. RECOMMENDATION: Staff recommends acceptance of the restroom improvement project and authorization to issue final payment Servpro of South Tulsa County, Oklahoma, in the amount of $56,546.97. TO: The Honorable Mayor and City Council FROM: H. Dwayne Henderson. P.E., City Engineer SUBJECT: Transportation Alternatives Program and Carbon Reduction Program - Agreements DATE: August 28, 2025 BACKGROUND: • The City Council approved Resolution 2024-08, authorizing staff to apply for Transportation Alternatives Program (TAP) and Carbon Reduction Program (CRP) grant funding through the Federal Highway Administration for projects that enhance connectivity around Owasso, where sidewalks end abruptly, and to strengthen the city's pedestrian infrastructure network. • Since the grant process is competitive, the City applied for 65% grant funds and 35% local match to construct the projects. (The grant requirement was at least a 20% local match.) • The Owasso projects were approved for funding, and the funds will be administered through the Indian Nations Council of Governments (INCOG). • INCOG has split the grant funds into two phases: "Safe Routes to Schools and Parks" and "Safe Routes to Amenities." • To receive the funding, an agreement between the City of Owasso and Oklahoma Department of Transportation is being requested that outlines the responsibilities of each entity. • Staff anticipates designing the projects in-house, Right-of-way acquisition (if needed) and utility relocation (if needed) will be funded locally. FUNDING: Funding is available in the Half -Penny Sales Tax Fund (Streets). PROPOSED FUNDING AGREEMENTS: 1) SAFE ROUTES TO AMENITIES - The ODOT Project Maintenance, Financing and Right -of -Way Agreement is based on the engineering construction estimate prepared by staff and submitted in the grant application for the following segments: o Segment #2.1 - West side of North 102nd East Avenue, running north from East 961h Street North to East 97th Street North (410 LF, 4' wide). This section of sidewalk will connect Honey Creek Subdivision to East 96m Street North. o Segment #2.2 - North side of East 77th Place North, running east from North 123rd East Avenue for approximately 800 (4' wide) linear feet. This section of sidewalk will connect Elm Creek Park to several additions of Elm Creek Subdivision from East 77th Place North. o Segment #2.3 - East side of North 1291h East Avenue, running north from the northeastern corner of East 116th Street North and North 129th East Avenue (approx. 300 LF, 10' wide AND 150 LF, 5' wide.) This section will connect Morrow Place and Morrow Estates subdivisions to East 116!h Street North along the east side of North 129rh East Avenue. o Segment #2.4 - West side of North 971h East Avenue (Mingo Road), running north from the PSO substation to East 891h Street North and continuing along the north and south sides of East 89th Street North until the eastern -most entrance to the Bailey Ranch Golf Course (3,400LF, 4' wide) Safe Routes Funding Agreements Page 2 Safe Routes to Amenities Aoolication Fundina Project Segment Estimate ODOT Portion City of Owasso's Portion Construction + Admin $654,740 $484,508 $170,232 Utility Relocation $0.00 N/A $0.00 Right-of-way $0.00 N/A $0.00 Engineering $0.00 N/A $0,00 Total Project Cost $654,740 $484,508 $170,232 2) SAFE ROUTES TO SCHOOLS AND PARKS - The ODOT Project Maintenance, Financing, and Right - of -Way Agreement is based on the engineering construction estimate prepared by staff and submitted in the grant application for the following segments: o Segment # 1.1 - Sidewalk connectivity from the newly constructed handicap ramp at northwest corner of West Owasso Expressway and East 76th Street North to Birch Street and East 761h Street North. This section will connect the east and west sides of US Hwy 169 along East 761h Street North. (750 linear feet [LF], 5' wide) o Segment #1.2 - Sidewalk connectivity from the handicap ramp northeast corner of Owasso Expressway and East 86th Street North, and traversing northward to East 901h Street North (Three Lakes Subdivision). This section will complete connectivity from East 86th Street North to East 96th Street North (2,420 LF, 5' wide). Safe Routes to Schools and Parks Application Funding Project Segment Estimate ODOT Portion City of Owasso's Portion Construction + Admin $1,179,345 $872,715 $306,630 Utility Relocation $0.00 N/A $0.00 Right-of-way $0.00 N/A $0.00 Engineering $0.00 N/A $0.00 Total Project Cost $1,179,345 $872,715 $306,630 RECOMMENDATIONS: Staff recommends approval and authorization to execute the Safe Routes to Amenities Project Maintenance, Financing, and Right -of -Way Agreement between the City of Owasso and ODOT in an estimated amount total amount of $654,740.00; of which $170,232.00 is the City's portion. Staff recommends approval and authorization to execute the Safe Routes to Schools and Parks Project Maintenance, Financing, and Right -of -Way Agreement between the City of Owasso and ODOT in an estimated total amount of $1,179,345.00; of which $306,630.00 is the City's portion. ATTACHMENTS: Safe Routes to Amenities Project Maintenance, Financing, and Right -of -Way Agreement Safe Routes to Schools and Parks Project Maintenance, Financing, and Right -of -Way Agreement URBAN PROJECT AGREEMENT — (NOT TO EXCEED) (11 /23/2020) STATE OF OKLAHOMA DEPARTMENT OF TRANSPORTATION PROJECT MAINTENANCE, FINANCING, AND RIGHT-OF-WAY AGREEMENT CITY OF OWASSO: SAFE ROUTES TO AMENITIES, SOUTH SIDE OF OWASSO(TAP) Project No.: TAP3-8768(004)IG State Job No.: 38768(04)(05)(06)(07) This Agreement, made the day and year last written below, by and between the City of OWASSO, hereinafter referred to as the Sponsor, and the Department of Transportation of the State of Oklahoma, hereinafter referred to as the Department, for the following intents and purposes and subject to the following terms and conditions, to wit: W 1111f1*1�:1➢:I WHEREAS, The Sponsor requested that certain street improvements be approved by the Oklahoma Transportation Commission, as were previously programmed by the Sponsor and described as follows: Project Type Div. County JP No Project Work Type Description No. INCOG TAP OB TULSA 38766(04) TAP3- PEDESTRIAN/BIKE CITY OF OWASSO: SAFE ROUTES TO AMENITIIES, 8768(004)IG IMPROVEMENTS SOUTH SIDE OF OWASSO(TAP) WHEREAS, the Department is charged under the laws of the State of Oklahoma with construction and maintenance of State Highways; and, WHEREAS, the Department is, by terms of agreements with the Federal Highway Administration, responsible for the management and construction of certain federally funded projects within the corporate limits of cities within the State of Oklahoma; and, WHEREAS, the Sponsor has been identified as the beneficiary and sub -recipient of such federally funded project; and, WHEREAS, receipt of the benefits of this project will require that the Sponsor assume certain financial responsibilities; and, WHEREAS, the Sponsor is a municipal corporation created and existing under the constitution and laws of the State of Oklahoma; and URBAN PROJECT AGREEMENT- (NOT TO EXCEED) (11/23/2020) WHEREAS, the laws and constitution of the State of Oklahoma impose financial restrictions on the Sponsor and its ability to ensure financial obligations; and, WHEREAS, the Parties hereto recognize those financial limitations and agree that the financial obligations assumed by the Sponsor, by the terms of this Agreement, are enforceable only to the extent as may be allowed by law or as may be determined by a court of competent jurisdiction; and, WHEREAS, it is understood that, by virtue of the Article 10, Section 26 of the Oklahoma Constitution, the payment of Sponsor funds in the future will be limited to appropriations and available funds in the then current Sponsor fiscal year. NOW, THEREFORE: the Department and the Sponsor, in consideration of the mutual covenants and stipulations as set forth herein, do mutually promise and agree as follows: SECTION 1: PROJECT AGREEMENT 1.1 If applicable, the Department will recommend approval of the project by the Federal Highway Administration. 1.2 The Sponsor agrees to comply with Title VI of the Civil Rights Act of 1964, 78 Stat. § 252, 42 U.S.C. § 2000d et seq., and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Part 21 - "Nondiscrimination in federally assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act 1964". 1.3 The DEPARTMENT and SPONSOR mutually recognize that each party is a governmental entity subject to the provisions of the Governmental Tort Claims Act (51 O.S. § 151 et seq.). The DEPARTMENT and SPONSOR hereby mutually agree that each is and may be held severally liable for any and all claims, demands, and suits in law or equity, of any nature whatsoever, paying for damages or otherwise, arising from any negligent act or omission of any of their respective employees, agents or contractors which may occur during the prosecution or performance of this Agreement to the extent provided in the Governmental Tort Claims Act. Each party agrees to severally bear all costs of investigation and defense of claims arising under the Governmental Tort Claims Act and any judgments which may be rendered in such cause to the limits provided by law. Nothing in this section shall be interpreted or construed to waive any legal defense which may be available to a party or any exemption, limitation or exception which may be provided by the Governmental Tort Claims Act. 2 URBAN PROJECT AGREEMENT- (NOT TO EXCEED) (11/23/2020) 1.4 The Sponsor understands that should it fail to fulfill its responsibilities under this Agreement, such a failure will disqualify the Sponsor from future Federal -aid funding participation on any proposed project. Federal -aid funds are to be withheld until such a time as an engineering staff, satisfactory to the Department has been properly established and functioning, the deficiencies in regulations have been corrected or the improvements to be constructed under this Agreement are brought to a satisfactory condition of maintenance. SECTION 2: ENGINEERING RESPONSIBILITIES 2.1 The Sponsor shall provide professional engineering services for the development of the Plans, Specifications and Estimates (PS&E) for this project. Design engineering for this project will be performed under the supervision of the Sponsor. Sponsor warrants to the Department that they will review the plans and will certify that the plans are acceptable to the Sponsor and are in full compliance with current standards and specifications. 2.2 Progress payments will be made to the consultant by the DEPARTMENT upon receipt of a properly executed claim form, approved by the SPONSOR, accompanied by suitable evidence of the completion of the work claimed, as detailed in the engineering contract. 2.3 The Department and Sponsor mutually recognize that each party is a governmental entity subject to the provisions of the Governmental Tort Claims Act (51 O.S. § 151 et seq.). The Department and Sponsor hereby mutually agree that each is and may be held severally liable for any and all claims, demands, and suits in law or equity, of any nature whatsoever, paying for damages or otherwise, arising from any negligent act or omission of any of their respective employees, agents or officers which may occur during the prosecution or performance of this Agreement to the extent provided in the Governmental Tort Claims Act. Each party agrees to severally bear all costs of investigation and defense of claims arising under the Governmental Tort Claims Act and any judgments which may be rendered in such cause to the limits provided by law. Nothing in this section shall be interpreted or construed to waive any legal defense which may be available to a party or any exemption, limitation or exception which may be provided by the Governmental Tort Claims Act. 2.4 The Sponsor agrees to the location of the subject project and agrees to adopt the final plans for said project as the official plans of the Sponsor for the streets, boulevards, arterial highways and/or other improvements contained therein; and further, the Sponsor affirmatively states that it has or shall fully and completely examine the 3 URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11/23/2020) plans and shall hereby warrant to the Department, the Sponsor's complete satisfaction with these plans and the fitness of the plans to construct aforesaid project. 2.5 The Sponsor certifies that the project design plans shall comply, and the project when completed will comply, with the requirements of the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101 — 12213), 49 CFR Parts 27, 37 and 38 and 28 CFR parts 35 and 36. The Sponsor shall be exclusively responsible for integrated ADA compliance planning for all Sponsor streets, sidewalks and other facilities provided for public administration, use and accommodation, which is required of recipients and sub - recipients by 49 CFR § 27.11. State highways continued through corporate limits of the Sponsor shall be included in the Sponsor's comprehensive compliance plans. 2.6 To the extent permitted by law, all data prepared under this Agreement shall be made available to the Department without restriction or limitation on their further use, with exception of any documents or information that would be considered attorney/client privileged by the Sponsor. 2.7 The Department will conduct the environmental studies and prepare the National Environmental Protection Act documents as required for federally funded projects. 2.8 The Department will forward the environmental documents to FHWA for approval if applicable. SECTION 3: LAND ACQUISITION AND UTILITY RELOCATION 3.1 The Sponsor warrants to the Department that, they have or will acquire all land, property, or rights -of -way needed for complete implementation of said project, free and clear of all obstructions and encumbrances and in full accordance with the Department's guidelines for Right -of -Way Acquisition on Federal -Aid Projects, the Uniform Relocation Act, the National Environmental Protection Act and all other applicable local, state and federal regulations. 3.2 The Sponsor shall be responsible for ensuring all proper tax documentation is filed and issued to recipients of funds paid on behalf of the Sponsor for Right -of -Way acquisition for this project. 3.3 The Sponsor warrants to the Department that it is knowledgeable of and will comply with the provisions of 42 U.S.C.A., Section 4601-4655 and 23 U.S.C.A., Section 323 (as amended) and 49 C.F.R. Part 24 in the acquisition of all right-of-way and the relocation of any displacees. 2 URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11/23/2020) 3.4 The Sponsor shall remove, at its own expense, or cause the removal of, all encroachments on existing streets as shown on said plans, including all buildings, porches, fences, gasoline pumps, islands, and tanks, and any other such private installations and shall further remove or remediate any existing environmental contamination of soil and water from any source, known or unknown. 3.5 If the acquisition of right-of-way for this project causes the displacement of any person, business or non-profit organization, the Sponsor warrants it will provide and be responsible for the Relocation Assistance Program and all costs associated with the Relocation Assistance Program. The Department, upon request, will provide a list of service providers who have been prequalified to administer the Relocation Assistance Program. The Sponsor agrees to employ a service provider from the prequalified list provided by the Department. Prior to any relocation assistance payments to the Sponsor, all files with parcels requiring relocation assistance shall be submitted to the Department for audit and compliance review. The Sponsor shall notify the Department within seven (7) days of the date of an offer to acquire being provided to a property owner(s) on any parcel which will require relocation assistance. Written notifications regarding service providers, in-house personnel, appeals, offers to acquire or other related correspondence shall be properly addressed and remitted as follows: Oklahoma Department of Transportation Local Government Division 200 N.E. 21s1 Street Oklahoma City, Oklahoma 73105-3204 3.6 The Sponsor warrants that any procurement, using federal funds, of property, goods or professional and personal services required for this project will be acquired by the Sponsor in compliance with the federal procurement Regulations at 40 USC 1101- 1104 (Brooks Act) and the Regulations for Administration of Engineering and Design Related Service Contracts at 23 C.F.R. Part 172, as well as provisions of State purchasing laws applicable to the Sponsor. 3.7 The Sponsor will certify to the Department prior to establishing a letting date that all existing utility facilities (if any) have been properly adjusted in full accordance with the Department's Right -of -Way and Utilities Division policies and procedures to accommodate the construction of said project; and will be solely responsible for payment of any and all contractor expenses, claims, suits and/or judgments directly resultant from any actual utility relocation delays. 5 URBAN PROJECT AGREEMENT -(NOT TO EXCEED) (11/23/2020) 3.8 The Sponsor shall have the authority pursuant to 69 O.S. § 1001 and 69 O.S. § 1004 to sell any lands, or interest therein, which were acquired for highway purposes as long as such sale is conducted in accordance with the above cited statutes. 3.9 The Sponsor agrees that if any property acquired utilizing Federal funding is disposed of or is no longer used in the public interest the Sponsor shall reimburse the Department at the current fair market value. 3.10 The Sponsor agrees to; - Transmit copies of the instruments, including all deeds and easements, to the Department prior to the advertisement of bids for construction. - Comply with the provisions of 42 U.S.C.A. § 4601-4655 and 23 U.S.C.A. § 323 (as amended) and, further comply with 49 C.F.R. Part 24 in the acquisition of all necessary right-of-way and relocation of all displacees. - Convey title to the State of Oklahoma on all tracts of land acquired in the name of the Sponsor if the project is located on the State Highway System. SECTION 4: FUNDING SUMMARY 4.1 The Department and the Sponsor agree that the project will be financed at a not - to -exceed, INCOG TAP total estimated cost of $484,508, as described below: FUNDING SOURCE _> FEDERAL Sponsor STATE TOTAL JOB PIECE DESCRIPTION ESTIMATED SHARE AMOUNT SHARE I%) AMOUNT NO. COST (/) 38768(05) Design - $0 $0 38768(06) Right -of -Way- $0 $0 38768(07) Utilities - $0 $0 38768 04) ( Construction - $654,740 80 up to $484 Remainder $170,232 (With 6% Inspection) a limit of ,508 Total 1 $654,740 Total=> 1 $484,508 1 Total=> $170,232 4.2 Furthermore, the Department and the Sponsor agree that actual INCOG TAP costs incurred by project phases (JP 38768(04,05,06,07) may exceed initial estimates. Costs between these project phases will be administratively adjusted based on actual cost of each phase, within the total cost of this Agreement, without formal supplemental Agreement, in so far as the total project agreement is not exceeded. 6 URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (l 1/2312020) 4.3 It is understood by the Sponsor and the Department that the funding participation stipulated herein may be altered due to bid prices, actual construction supervision costs and non -participating costs incurred during construction. The Sponsor will be responsible for payment of any estimated local funding prior to advertising the project for bid. Upon final acceptance of this project, the total project cost will be determined, and the final amount of local funds (if any) will be determined by the Department's Comptroller per the terms of this Agreement. A refund will then be made by the Department to the Sponsor or additional funding will be requested. The Sponsor agrees to make arrangements for payment of any Department invoice within 45 days of receipt. SECTION 5: CONSTRUCTION RESPONSIBILITIES 5.1 The Sponsor agrees to comply with all applicable laws and regulations necessary to meet the Oklahoma Department of Environmental Quality (ODEQ) requirements for pollution prevention including discharges from storm water runoff during the planning and design of this project. Further, the Sponsor agrees and stipulates as stated in the ODEQ's General Permit OKR10, dated September 13, 2017 or latest revision, to secure a storm water permit with the ODEQ for utility relocations, when required. It is also agreed that the storm water management plan for the project previously described in the document includes project plans and specifications, required schedules for accomplishing the temporary and permanent erosion control work, the site specific storm water pollution prevention plan and the appropriate location map contained in the utility relocation plans. 5.2 The Sponsor's responsibility for environmental cleanup will be a continuing responsibility to remediate any and all known and unknown environmental damage throughout the duration of this agreement with the Department in compliance with State and federal regulations. 5.3 The roadway improvements and all devices specified herein shall not be altered, removed, or cease to be operative without mutual written consent of the Department and the Sponsor. 5.4 Upon approval of this agreement and the plans, specifications, and estimates by the Sponsor, the Department, and the Federal Highway Administration (if applicable), the Department will advertise and let the construction contract for this project in the usual and customary legal manner. It is agreed that the projects herein contemplated are proposed to be financed as previously described, and that this Agreement, all plans, specifications, estimate of costs, acceptance of work, payments, and procedure in URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (1123/2020) general hereunder are subject in all things at all times to all local, state and federal laws, regulations, orders, approvals as may be applicable hereto. 5.5 The Department shall provide a copy of the executed construction contract to the Sponsor, upon receipt of a written request. 5.6 The Department will notify the Sponsor of pre -bid dates, bid opening dates, and Transportation Commission award dates in writing upon receipt of a written request. 5.7 The Sponsor agrees that prior to the Department's advertising of the project for bids (as to that part of the project lying within the present corporate limits) it will: - Grant to the Department and its contractors, the right -of -entry to all existing streets, alleys, and Sponsor owned property when required, and other rights -of - way shown on said plans. - Remove at its own expense, or cause the removal of, all encroachments on existing streets as shown on said plans, including all signs, buildings, porches, awnings, porticos, fences, gasoline pumps and islands, and any other such private installations. - Prohibit parking on that portion of the project within the corporate limits of the Sponsor, except as may be indicated in the plans or hereafter approved by agreement with the Department. The Sponsor further agrees not to install, or permit to be installed, any signs, signals or markings not in conformance with the standards approved by the Federal Highway Administration and Manual on Uniform Traffic Control Devices (MUTCD). - Comply with the Department's standards for construction of driveway entrances from private property to the highway, in accordance with the Department's manual entitled "Policy on Driveway Regulation for Oklahoma Highways", Rev. 5/96, 69 O.S. (2001) § 1210. - Maintain all right-of-way acquired for the construction of this project, as shown on said plans, in a manner consistent with applicable statutes, codes, ordinances and regulations of the Department and the State of Oklahoma. - Have the authority pursuant to 69 O.S. 2001 § 1001 and 69 O.S. 2001 § 1004 to sell any lands, or interest therein, which were acquired for highway purposes as long as such sale is conducted in accordance with the above cited statutes. Prior URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11/232020) written approval by the Chief, Right -of -Way Division for the Department shall be required before any sale is made. 5.8 The Sponsor further agrees and warrants to the Department that, subsequent to the construction of said project, the Sponsor will: 1) Erect, maintain and operate traffic control devices, including signals, signs and pavement markings only in accordance with 47 O.S. 2011 §§ 15-104- 15-106, and subject to agreement of the Department: a) In the event that any traffic signal installed hereunder is no longer needed for the purposes designated herein, then the traffic signal installed hereunder shall not be moved by the Sponsor to any other point other than that which is approved by the Department prior to such removal. b) In the event there is no mutually agreed location for the reinstallation, the Sponsor will assume complete ownership of the equipment following removal, if the installation is ten (10) years old or older. If the installation is less than ten (10) years old and: 1) In the event the Sponsor desires total ownership of the equipment, the Sponsor shall reimburse the Department the original federal funding percentage share for the original equipment cost only, amortized for a ten(10) year service life, interest ignored, and assuming straight line depreciation. 2) In the event the Sponsor does not desire total ownership of the equipment, the Sponsor shall sell the equipment at public auction to the highest bidder. The Sponsor shall reimburse the Department the original federal funding percentage share of the proceeds of such sale. 2) Subject to agreement with the Department, regulate and control traffic on said project, including but not limited to, the speed of vehicles, parking, stopping and turns only in accordance with 47 O.S. 2011 §§ 15-104- 15-106, and to make no changes in the provisions thereof without the approval of the Department. It shall be the responsibility of the Sponsor to notify the Department of any changes necessary to ensure safety to the traveling public. 3) Maintain all drainage systems and facilities constructed, installed, modified or repaired in conjunction with this project or as may be otherwise necessary to 0 URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11/23/2020) ensure proper drainage for road surfaces constructed under the terms of this agreement. 4) Maintain all curbs and driveways abutting road surfaces constructed under the terms of this Agreement and all sidewalks adjacent thereto. 5) Maintain all right-of-way areas adjacent to road surfaces, including erosion control and periodic mowing of vegetation, in a manner consistent with applicable codes, ordinances and regulations. 6) For any portion of the project encompassed under this Agreement that is part of the State Highway System, the Sponsor shall maintain all that part of said project within the corporate limits of the Sponsor between the gutter lines and the right- of-way lines, and if no gutter exists, between the shoulder lines and the right-of- way lines, including storm sewers, all underground facilities, curbs and mowing, all in accordance with 69 O.S. Supp. 1994 §901 and all other applicable law. 7) On limited access highways where county roads or city streets extend over or under the highway or public roads are constructed on state rights -of -way but there is no immediate ingress and egress from the highway, responsibility shall be as follows: a. The public roads as defined in OAC 730:35-1-2 shall be maintained by the city or county and shall be included in their roadway mileage inventory. b. Where county roads or city streets extend over the highway, the roadway, approaches and bridge surfaces, including the deck, shall be maintained by the city or county. The approach guardrail, bridge structure, and highest clearance posting on the structure shall be maintained by the Department. c. Where county roads or city streets extend under the highway, the roadway approaches and advance signing shall be maintained by the city or county. The Department shall maintain the approach guardrail, bridge structure and surface, and the height clearance posting on the structure. 5.9 The Sponsor further agrees and warrants to the Department concerning any sign and highway facility lighting included as part of this project: 10 URBAN PROJECT AGREEMENT- (NOT TO EXCEED) (11/23/2020) 1) The Sponsor will, upon notice from the Department Engineer, provide at its own expense all required electrical energy necessary for all preliminary and operational tests of the highway lighting facilities. 2) Upon completion of the construction of said project, the Sponsor will be responsible for the maintenance and cost of operation of these highway lighting facilities, including all appurtenances thereto and including the sign lighting facilities. 3) It is specifically understood and agreed that the highway lighting and sign lighting facilities specified hereunder shall be continuously operated during the hours of darkness, between sunset and sunrise, and shall not be altered, removed or be allowed to cease operation without the mutual written consent of the Department and the Sponsor. 4) The Sponsor agrees to provide, on a periodic schedule, an inspection, cleaning and re-lamping maintenance program to assure the maximum efficiency of the highway lighting facilities. 5) In the event that the highway lighting facilities installed hereunder are no longer needed for the purposes designated herein, then the highway lighting facilities installed hereunder shall not be moved by the Sponsor to any point other than which is approved by the Department prior to such removal. 6) In the event there is no mutually agreed location for reinstallation, the Sponsor will assume complete ownership of the equipment following removal if the installation is twenty (20) years old or older. If the installation is less than twenty years old and: a) In the event the Sponsor desires total ownership of the equipment, the Sponsor shall reimburse the Department the original federal funding percentage share of the original equipment costs only, amortized for a twenty (20) year service life, interest ignored, and assuming straight line depreciation. b) In the event the Sponsor does not desire total ownership of the equipment, the Sponsor shall sell the equipment at public auction to the highest bidder. The Sponsor shall reimburse the Department the original federal funding percentage share of the proceeds of such sale. 11 URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11/23/2020) 5.10 The Department will appoint competent supervision and inspection of the construction work performed by the construction contractor and will provide such engineering, inspection and testing services as may be required to ensure that the construction of the project is accomplished in accordance with the approved Plans, Specifications and Estimates. The Department reserves the right to make such changes in said plans as may be necessary for the proper construction of said project. 1) The Sponsor agrees to provide such competent supervision as the Sponsor deems necessary during times that the work is in progress to ensure the completion of the project to the Sponsor's satisfaction and the Sponsor's representatives and the Department's representatives will cooperate fully to the end of obtaining work strictly in accordance with the plans and specifications. 2) The Sponsor will make ample provisions annually for the proper maintenance of said project, including the provision of competent personnel and adequate equipment, specifically, to provide all required maintenance of the project during the critical period immediately following construction and to keep the facility in good and safe condition for the benefit of the traveling public. 3) The Sponsor warrants to the Department that it will periodically review the adequacy of the aforesaid project to ensure the safety of the traveling public and should the Sponsor determine that further modifications or improvements be required, the Sponsor shall take such actions as are necessary to make such modifications or improvement. When operation modifications are required which in the opinion of the Department exceed the capability of the Sponsor's staff, the Sponsor agrees to retain, at the sole expense of the Sponsor, competent personnel for the purpose of bringing the improvement up to the proper standard of operation. 4) The Sponsor warrants and agrees that upon completion of the aforesaid project, the Sponsor assumes any and all financial obligations for the operation, use, and maintenance of the aforesaid project. SECTION 6: NON-DISCRIMINATION CLAUSE 1. During the performance of this agreement, the Sponsor, for itself, its assignees and successors in interest, agrees as follows: 1) Compliance with Regulations: The Sponsor shall comply with the regulations relative to nondiscrimination in federally -assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time 12 URBAN PROJECT AGREEMENT- (NOT TO EXCEED) (11/23/2020) (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this agreement. 2) Nondiscrimination: The Sponsor, with regard to the work performed by it during the agreement, shall not discriminate on the grounds of race, color, sex, age, national origin, disability/handicap, or income status, in the selection and retention of contractors or subcontractors, including procurements of materials and leases of equipment. The Sponsor shall not participate either directly or indirectly, in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in appendix B of the Regulations. 3) Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation, made by the Sponsor for work to be performed under a contract or subcontract, including procurements of materials or leases of equipment, each potential contractor or subcontractor or supplier shall be notified by the Sponsor of the Sponsor's obligations under this agreement and the Regulations relative to nondiscrimination on the grounds of race, color, sex, age, national origin, disability/handicap, or income status. 4) Information and Reports: The Sponsor shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the State Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of a Sponsor is in the exclusive possession of another who fails or refuses to furnish this information, the Sponsor shall so certify to the State Department of Transportation, or the Federal Highway Administration, as appropriate, and shall set forth what efforts it has made to obtain the information. 5) Sanctions for Noncompliance: In the event of the Sponsor's noncompliance with the nondiscrimination provisions of this agreement, the State Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including but not limited to: 13 URBAN PROJECT AGREEMENT -(NOT TO EXCEED) (11/23/2020) a. Withholding of payments to the Sponsor under the agreement until the Sponsor complies and/or b. Cancellation, termination, or suspension of the agreement in whole or in part. 6) Incorporation of Provisions: The Sponsor shall include the provisions of sub paragraphs 1) through 5) in every contract or subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Sponsor shall take such action with respect to any contract or subcontract or procurement as the State Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions, including sanctions for noncompliance provided, however, that in the event a Sponsor becomes involved in, or is threatened with, litigation by a subcontractor or supplier as a result of such direction, the Sponsor may request the State Department of Transportation to enter into such litigation to protect the interests of the State; and, in addition, the Sponsor may request the United States to enter into such litigation to protect the interests of the United States. SECTION 7: TERMINATION 7.1 This Agreement may be terminated by any of the following conditions: a) By mutual agreement and consent, in writing of both parties. b) By the Department by written notice to the Sponsor as a consequence of failure by the Sponsor to perform the services set forth herein in a satisfactory manner. c) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. d) By the Department for reasons of its own and not subject to the mutual consent of the Sponsor upon five (5) days written notice to the Sponsor. e) By satisfactory completion of all services and obligations described herein. 7.2The termination of this Agreement shall extinguish all rights, duties, obligations and liabilities of the Department and the Sponsor under this agreement. If the potential termination of this Agreement is due to the failure of either the Department or the Sponsor to fulfill their obligation as set forth herein, the non -breaching party will notify the party alleged to be in breach that possible breach of agreement has 14 URBAN PROJECT AGREEMENT- (NOT TO EXCEED) (11/23/2020) occurred. The party alleged to be in breach should make a good faith effort to remedy that breach as outlined by non -breaching party within a period mutually agreed by each party. SECTION 8: GOVERNING LAW AND VENUE 8.1 Any claims, disputes or litigation relating to the solicitation, execution, interpretation, performance, or enforcement of this Agreement shall be governed by the laws of the State of Oklahoma and the applicable rules, regulations, policies and procedures of the Oklahoma Transportation Commission. Venue for any action, claim, dispute or litigation, mediation or arbitration shall be in Oklahoma County, Oklahoma. SECTION 9: DISPUTE RESOLUTION 9.1 The parties hereto have entered into this agreement in the State of Oklahoma and the laws of the State of Oklahoma shall apply. The parties agree to bargain in good faith in direct negotiation to achieve resolutions of any dispute and, if such efforts are unsuccessful, to retain a neutral mediation service to mediate the dispute prior to the filing of any court action. Mediation shall be conducted in the Oklahoma City area and the costs of such mediation shall be borne equally by the parties. If mediation is not successful, venue for any action brought to enforce the terms of this agreement shall be in Oklahoma County, State of Oklahoma. Each party shall bear any cost and attorney fees incurred by the party in such litigation. SECTION 10: PRIOR UNDERSTANDINGS 10.1 This agreement incorporates and reduces to writing all prior understandings, promises, agreements, commitments, covenants or conditions and constitutes the full and complete understanding and contractual relationship of the parties. SECTION 11: AMENDMENTS OR MODIFICATIONS OF AGREEMENT 11.1 No changes, revisions, amendments or alterations in the manner, scope of type of work or compensation to be paid by the DEPARTMENT shall be effective unless reduced to writing and executed by the parties with the same formalities as are observed in the execution of this Agreement. 15 URBAN PROJECT AGREEMENT- (NOT TO EXCEED) (11/23/2020) SECTION 12: RECORDS 12.1 The Sponsor is to maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred and to make such materials available at its respective offices at all reasonable times, during the agreement period and for three (3) years from the date of final payment under the agreement for inspection by the DEPARTMENT and the State Auditor and Inspector, and copies thereof shall be furnished to the DEPARTMENT, if requested. SECTION 13: HEADINGS 13.1 Article headings used in this Agreement are inserted for convenience of reference only and shall not be deemed a part of this agreement for any purpose. SECTION 14: BINDING EFFECTS 14.1 This Agreement shall be binding upon and inure to the benefit of the ODOT and the Sponsor and shall be binding upon their successors and assigns subject to the limitations of Oklahoma law. SECTION 15: SEVERABILITY 15.1 If any provision, clause or paragraph of this Agreement or any document incorporated by reference shall be determined invalid by a court of competent jurisdiction, such determination shall not affect the other provisions, clauses or paragraphs of this Agreement which are not affected by the determination. The provisions, clauses or paragraphs of this Agreement and any documents incorporated by reference are declared severable. SECTION 16: EFFECTIVE DATE 16.1 This Agreement shall become effective on the date of execution by the Department's Director or his designee. T1 URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11/23/2020) IN WITNESS WHEREOF, the Director of the Department of Transportation, pursuant to authority vested in him by the State Transportation Commission, has hereunto subscribed his name as Director of the Department of Transportation and the Sponsor has executed same pursuant to authority prescribed by law for the Sponsor. The Sponsor, on this of 20, and the Department on the day of .120 APPROVED AS TO FORM AND LEGALITY In M THE CITY OF OWASSO FA Julie Lombardi, City Attorney Alvin Fruga, Mayor Attest: Juliann M. Stevens, City Clerk (SEAL): Approved — THE CITY OF OWASSO STATE OF OKLAHOMA DEPARTMENT OF TRANSPORTATION Recommended for Approval Local Government Division DATE Director of Project Delivery DATE Engineer APPROVED AS TO FORM APPROVED AND LEGALITY General Counsel DATE Deputy Director DATE 17 96th Street North/N. 102nd East Ave Segment 2.1 .................. E r 1" = 200 ft �jp QnIN�P(�NL CII+ This map may represents a visual display of related geographic information. Dale provided hereon is not guarantee of actual field conditions. To be sure of complete accuracy, please contact the responsible staff formost up-to-date information. 77th Place North/Elm Creek Park Segment 2.2 Elm Creek Park I Elm Creek Pavalllion and Parking r--------- - - ---; ---------------' EP_ I Proposed Exist Sidewalk sidewalk for connectivity ---------------- E ----- I z I i � I v o rn _ r 1" = 200 ft ,?vA This map may re resznts a visual display of related geographic information. Data provided hereon is not guarantee of actual field conditions. To be sure of comp, }lete accuracy , please contact the responsible star far most up-to-da:e in;ormation. Default Title Segment 2.3 C1�6THSIN Care z N R C [kLahoma "'edltU Prairie Village I � E;l16TN.5SN---.- Westlake Wal-Mart Hardware Neighborhood w-3t Mkt for ------------ ................................ .................................E.3 75TH S-N-...-...-. I Segment 2.3 1" = 200 ft Safe Routes to Amenities 08/22/2025 G^�p- RIlL MYNPPV. PMIrYXr`P6rLtll�rlrh This map may represents a visual display of related geographic information. Data provided here on is not guarantee of actual held conditions. To be sure of complete accuracy, please contact the responsible staff for most up-to-date information. Mingo, 86th Street North to Larkin Bailey Blvd. ' > Exist Sidew 1; I ewalk for L Exist Sidewalk Bailey Ranch AptS I Golf Course � Apts Cottages at Tallgrass Point Apts Apts 9 Caseys E 8.6TH ST N — — Segment 2.4 to Ator Elementary and 7th Grade Center V = 400 ft S(� This map may represents a visual display of related geographic information. Data provided here on is not guarantee of actual field conditions. To be sure of com lete accuracy, lease contact the for p ' p responsible staff most up-to-date Information. URBAN PROJECT AGREEMENT — (NOT TO EXCEED) (11/23/2020) STATE OF OKLAHOMA DEPARTMENT OF TRANSPORTATION PROJECT MAINTENANCE, FINANCING, AND RIGHT-OF-WAY AGREEMENT CRP: CITY OF OWASSO: SAFE ROUTES TO SCHOOLS AND PARKS Project No.: J3-8773(004)IG State Job No.: 38773(04)(05)(06)(07) This Agreement, made the day and year last written below, by and between the City of OWASSO, hereinafter referred to as the Sponsor, and the Department of Transportation of the State of Oklahoma, hereinafter referred to as the Department, for the following intents and purposes and subject to the following terms and conditions, to wit: WITNESSETH WHEREAS, The Sponsor requested that certain street improvements be approved by the Oklahoma Transportation Commission, as were previously programmed by the Sponsor and described as follows: Project Type Div. County 1P No Project Work Type Description No. INCOG-CRP 08 TULSA 38773(04) J3- PEDESTRIAN/BIKE CRP: CITY OF OWASSO: SAFE ROUTES TO 8773(004)IG IMPROVEMENTS SCHOOLS AND PARKS WHEREAS, the Department is charged under the laws of the State of Oklahoma with construction and maintenance of State Highways; and, WHEREAS, the Department is, by terms of agreements with the Federal Highway Administration, responsible for the management and construction of certain federally funded projects within the corporate limits of cities within the State of Oklahoma; and, WHEREAS, the Sponsor has been identified as the beneficiary and sub -recipient of such federally funded project; and, WHEREAS, receipt of the benefits of this project will require that the Sponsor assume certain financial responsibilities; and, WHEREAS, the Sponsor is a municipal corporation created and existing under the constitution and laws of the State of Oklahoma; and 1 URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11 /23/2020) WHEREAS, the laws and constitution of the State of Oklahoma impose financial restrictions on the Sponsor and its ability to ensure financial obligations; and, WHEREAS, the Parties hereto recognize those financial limitations and agree that the financial obligations assumed by the Sponsor, by the terms of this Agreement, are enforceable only to the extent as may be allowed by law or as may be determined by a court of competent jurisdiction; and, WHEREAS, it is understood that, by virtue of the Article 10, Section 26 of the Oklahoma Constitution, the payment of Sponsor funds in the future will be limited to appropriations and available funds in the then current Sponsor fiscal year. NOW, THEREFORE: the Department and the Sponsor, in consideration of the mutual covenants and stipulations as set forth herein, do mutually promise and agree as follows: SECTION 1: PROJECT AGREEMENT 1.1 If applicable, the Department will recommend approval of the project by the Federal Highway Administration. 1.2 The Sponsor agrees to comply with Title VI of the Civil Rights Act of 1964, 78 Stat. § 252, 42 U.S.C. § 2000d et seq., and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Part 21 - "Nondiscrimination in federally assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act 1964". 1.3 The DEPARTMENT and SPONSOR mutually recognize that each party is a governmental entity subject to the provisions of the Governmental Tort Claims Act (51 O.S. § 151 et seq.). The DEPARTMENT and SPONSOR hereby mutually agree that each is and may be held severally liable for any and all claims, demands, and suits in law or equity, of any nature whatsoever, paying for damages or otherwise, arising from any negligent act or omission of any of their respective employees, agents or contractors which may occur during the prosecution or performance of this Agreement to the extent provided in the Governmental Tort Claims Act. Each party agrees to severally bear all costs of investigation and defense of claims arising under the Governmental Tort Claims Act and any judgments which may be rendered in such cause to the limits provided by law. Nothing in this section shall be interpreted or construed to waive any legal defense which may be available to a party or any exemption, limitation or exception which may be provided by the Governmental Tort Claims Act. 2 URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11/23/2020) 1.4 The Sponsor understands that should it fail to fulfill its responsibilities under this Agreement, such a failure will disqualify the Sponsor from future Federal -aid funding participation on any proposed project. Federal -aid funds are to be withheld until such a time as an engineering staff, satisfactory to the Department has been properly established and functioning, the deficiencies in regulations have been corrected or the improvements to be constructed under this Agreement are brought to a satisfactory condition of maintenance. t•9x43AIf] U4=III i![C]l'3�-11•1�69r31N191*9 2.1 The Sponsor shall provide professional engineering services for the development of the Plans, Specifications and Estimates (PS&E) for this project. Design engineering for this project will be performed under the supervision of the Sponsor. Sponsor warrants to the Department that they will review the plans and will certify that the plans are acceptable to the Sponsor and are in full compliance with current standards and specifications. 2.2 Progress payments will be made to the consultant by the DEPARTMENT upon receipt of a properly executed claim form, approved by the SPONSOR, accompanied by suitable evidence of the completion of the work claimed, as detailed in the engineering contract. 2.3 The Department and Sponsor mutually recognize that each party is a governmental entity subject to the provisions of the Governmental Tort Claims Act (51 O.S. § 151 et seq.). The Department and Sponsor hereby mutually agree that each is and may be held severally liable for any and all claims, demands, and suits in law or equity, of any nature whatsoever, paying for damages or otherwise, arising from any negligent act or omission of any of their respective employees, agents or officers which may occur during the prosecution or performance of this Agreement to the extent provided in the Governmental Tort Claims Act. Each parry agrees to severally bear all costs of investigation and defense of claims arising under the Governmental Tort Claims Act and any judgments which may be rendered in such cause to the limits provided by law. Nothing in this section shall be interpreted or construed to waive any legal defense which may be available to a party or any exemption, limitation or exception which may be provided by the Governmental Tort Claims Act. 2.4 The Sponsor agrees to the location of the subject project and agrees to adopt the final plans for said project as the official plans of the Sponsor for the streets, boulevards, arterial highways and/or other improvements contained therein; and further, the Sponsor affirmatively states that it has or shall fully and completely examine the 3 URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11/23/2020) plans and shall hereby warrant to the Department, the Sponsor's complete satisfaction with these plans and the fitness of the plans to construct aforesaid project. 2.5 The Sponsor certifies that the project design plans shall comply, and the project when completed will comply, with the requirements of the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101 — 12213), 49 CFR Parts 27, 37 and 38 and 28 CFR parts 35 and 36. The Sponsor shall be exclusively responsible for integrated ADA compliance planning for all Sponsor streets, sidewalks and other facilities provided for public administration, use and accommodation, which is required of recipients and sub - recipients by 49 CFR § 27.11. State highways continued through corporate limits of the Sponsor shall be included in the Sponsor's comprehensive compliance plans. 2.6 To the extent permitted by law, all data prepared under this Agreement shall be made available to the Department without restriction or limitation on their further use, with exception of any documents or information that would be considered attorney/client privileged by the Sponsor. 2.7 The Department will conduct the environmental studies and prepare the National Environmental Protection Act documents as required for federally funded projects. 2.8 The Department will forward the environmental documents to FHWA for approval if applicable. SECTION 3: LAND ACQUISITION AND UTILITY RELOCATION 3.1 The Sponsor warrants to the Department that, they have or will acquire all land, property, or rights -of -way needed for complete implementation of said project, free and clear of all obstructions and encumbrances and in full accordance with the Department's guidelines for Right -of -Way Acquisition on Federal -Aid Projects, the Uniform Relocation Act, the National Environmental Protection Act and all other applicable local, state and federal regulations. 3.2 The Sponsor shall be responsible for ensuring all proper tax documentation is filed and issued to recipients of funds paid on behalf of the Sponsor for Right -of -Way acquisition for this project. 3.3 The Sponsor warrants to the Department that it is knowledgeable of and will comply with the provisions of 42 U.S.C.A., Section 4601-4655 and 23 U.S.C.A., Section 323 (as amended) and 49 C.F.R. Part 24 in the acquisition of all right-of-way and the relocation of any displacees. 0 URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11/23/2020) 3.4 The Sponsor shall remove, at its own expense, or cause the removal of, all encroachments on existing streets as shown on said plans, including all buildings, porches, fences, gasoline pumps, islands, and tanks, and any other such private installations and shall further remove or remediate any existing environmental contamination of soil and water from any source, known or unknown. 3.5 If the acquisition of right-of-way for this project causes the displacement of any person, business or non-profit organization, the Sponsor warrants it will provide and be responsible for the Relocation Assistance Program and all costs associated with the Relocation Assistance Program. The Department, upon request, will provide a list of service providers who have been prequalified to administer the Relocation Assistance Program. The Sponsor agrees to employ a service provider from the prequalified list provided by the Department. Prior to any relocation assistance payments to the Sponsor, all files with parcels requiring relocation assistance shall be submitted to the Department for audit and compliance review. The Sponsor shall notify the Department within seven (7) days of the date of an offer to acquire being provided to a property owner(s) on any parcel which will require relocation assistance. Written notifications regarding service providers, in-house personnel, appeals, offers to acquire or other related correspondence shall be properly addressed and remitted as follows: Oklahoma Department of Transportation Local Government Division 200 N.E. 21It Street Oklahoma City, Oklahoma 73105-3204 3.6 The Sponsor warrants that any procurement, using federal funds, of property, goods or professional and personal services required for this project will be acquired by the Sponsor in compliance with the federal procurement Regulations at 40 USC 1101- 1104 (Brooks Act) and the Regulations for Administration of Engineering and Design Related Service Contracts at 23 C.F.R. Part 172, as well as provisions of State purchasing laws applicable to the Sponsor. 3.7 The Sponsor will certify to the Department prior to establishing a letting date that all existing utility facilities (if any) have been properly adjusted in full accordance with the Department's Right -of -Way and Utilities Division policies and procedures to accommodate the construction of said project; and will be solely responsible for payment of any and all contractor expenses, claims, suits and/or judgments directly resultant from any actual utility relocation delays. URBAN PROJECT AGREEMENT — (NOT TO EXCEED) (1123/2020) 3.8 The Sponsor shall have the authority pursuant to 69 O.S. § 1001 and 69 O.S. § 1004 to sell any lands, or interest therein, which were acquired for highway purposes as long as such sale is conducted in accordance with the above cited statutes. 3.9 The Sponsor agrees that if any property acquired utilizing Federal funding is disposed of or is no longer used in the public interest the Sponsor shall reimburse the Department at the current fair market value. 3.10 The Sponsor agrees to; - Transmit copies of the instruments, including all deeds and easements, to the Department prior to the advertisement of bids for construction. - Comply with the provisions of 42 U.S.C.A. § 4601-4655 and 23 U.S.C.A. § 323 (as amended) and, further comply with 49 C.F.R. Part 24 in the acquisition of all necessary right-of-way and relocation of all displacees. - Convey title to the State of Oklahoma on all tracts of land acquired in the name of the Sponsor if the project is located on the State Highway System. SECTION 4: FUNDING SUMMARY 4.1 The Department and the Sponsor agree that the project will be financed at a not - to -exceed, INCOG-CRP total estimated cost of $872,715, as described below: FUNDING SOURCE => FEDERAL Sponsor STATE TOTAL JOB PIECE DESCRIPTION ESTIMATED SHARE (/) AMOUNT SHARE (%) AMOUNT NO. COST 38773(05) Design - $0 $0 38773(06) Right -of -Way- $0 $0 38773(07) Utilities - $0 $0 38773(04) Construction - $1,179,345 80 up to _ $872,715 Remainder $306,630 (With 6% Inspection) a limit of Total 1 $1,179,345 Total=> $872,715 1 Total=> $306,630 4.2 Furthermore, the Department and the Sponsor agree that actual INCOG-CRP costs incurred by project phases (JP 38773(04,05,06,07) may exceed initial estimates. Costs between these project phases will be administratively adjusted based on actual cost of each phase, within the total cost of this Agreement, without formal supplemental Agreement, in so far as the total project agreement is not exceeded. 6 URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11/23/2020) 4.3 It is understood by the Sponsor and the Department that the funding participation stipulated herein may be altered due to bid prices, actual construction supervision costs and non -participating costs incurred during construction. The Sponsor will be responsible for payment of any estimated local funding prior to advertising the project for bid. Upon final acceptance of this project, the total project cost will be determined, and the final amount of local funds (if any) will be determined by the Department's Comptroller per the terms of this Agreement. A refund will then be made by the Department to the Sponsor or additional funding will be requested. The Sponsor agrees to make arrangements for payment of any Department invoice within 45 days of receipt. SECTION 5: CONSTRUCTION RESPONSIBILITIES 5.1 The Sponsor agrees to comply with all applicable laws and regulations necessary to meet the Oklahoma Department of Environmental Quality (ODEQ) requirements for pollution prevention including discharges from storm water runoff during the planning and design of this project. Further, the Sponsor agrees and stipulates as stated in the ODEQ's General Permit 0KR10, dated September 13, 2017 or latest revision, to secure a storm water permit with the ODEQ for utility relocations, when required. It is also agreed that the storm water management plan for the project previously described in the document includes project plans and specifications, required schedules for accomplishing the temporary and permanent erosion control work, the site specific storm water pollution prevention plan and the appropriate location map contained in the utility relocation plans. 5.2 The Sponsor's responsibility for environmental cleanup will be a continuing responsibility to remediate any and all known and unknown environmental damage throughout the duration of this agreement with the Department in compliance with State and federal regulations. 5.3 The roadway improvements and all devices specified herein shall not be altered, removed, or cease to be operative without mutual written consent of the Department and the Sponsor. 5.4 Upon approval of this agreement and the plans, specifications, and estimates by the Sponsor, the Department, and the Federal Highway Administration (if applicable), the Department will advertise and let the construction contract for this project in the usual and customary legal manner. It is agreed that the projects herein contemplated are proposed to be financed as previously described, and that this Agreement, all plans, specifications, estimate of costs, acceptance of work, payments, and procedure in 7 URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (l 1/23/2020) general hereunder are subject in all things at all times to all local, state and federal laws, regulations, orders, approvals as may be applicable hereto. 5.5 The Department shall provide a copy of the executed construction contract to the Sponsor, upon receipt of a written request. 5.6 The Department will notify the Sponsor of pre -bid dates, bid opening dates, and Transportation Commission award dates in writing upon receipt of a written request. 5.7 The Sponsor agrees that prior to the Department's advertising of the project for bids (as to that part of the project lying within the present corporate limits) it will: - Grant to the Department and its contractors, the right -of -entry to all existing streets, alleys, and Sponsor owned property when required, and other rights -of - way shown on said plans. - Remove at its own expense, or cause the removal of, all encroachments on existing streets as shown on said plans, including all signs, buildings, porches, awnings, porticos, fences, gasoline pumps and islands, and any other such private installations. - Prohibit parking on that portion of the project within the corporate limits of the Sponsor, except as may be indicated in the plans or hereafter approved by agreement with the Department. The Sponsor further agrees not to install, or permit to be installed, any signs, signals or markings not in conformance with the standards approved by the Federal Highway Administration and Manual on Uniform Traffic Control Devices (MUTCD). - Comply with the Department's standards for construction of driveway entrances from private property to the highway, in accordance with the Department's manual entitled "Policy on Driveway Regulation for Oklahoma Highways", Rev. 5/96, 69 O.S. (2001) § 1210. - Maintain all right-of-way acquired for the construction of this project, as shown on said plans, in a manner consistent with applicable statutes, codes, ordinances and regulations of the Department and the State of Oklahoma. - Have the authority pursuant to 69 O.S. 2001 § 1001 and 69 O.S. 2001 § 1004 to sell any lands, or interest therein, which were acquired for highway purposes as long as such sale is conducted in accordance with the above cited statutes. Prior E URBAN PROJECT AGREEMENT- (NOT TO EXCEED) (11/23/2020) written approval by the Chief, Right -of -Way Division for the Department shall be required before any sale is made. 5.8 The Sponsor further agrees and warrants to the Department that, subsequent to the construction of said project, the Sponsor will: 1) Erect, maintain and operate traffic control devices, including signals, signs and pavement markings only in accordance with 47 O.S. 2011 §§ 15-104- 15-106, and subject to agreement of the Department: a) In the event that any traffic signal installed hereunder is no longer needed for the purposes designated herein, then the traffic signal installed hereunder shall not be moved by the Sponsor to any other point other than that which is approved by the Department prior to such removal. b) In the event there is no mutually agreed location for the reinstallation, the Sponsor will assume complete ownership of the equipment following removal, if the installation is ten (10) years old or older. If the installation is less than ten (10) years old and: 1) In the event the Sponsor desires total ownership of the equipment, the Sponsor shall reimburse the Department the original federal funding percentage share for the original equipment cost only, amortized for a ten(10) year service life, interest ignored, and assuming straight line depreciation. 2) In the event the Sponsor does not desire total ownership of the equipment, the Sponsor shall sell the equipment at public auction to the highest bidder. The Sponsor shall reimburse the Department the original federal funding percentage share of the proceeds of such sale. 2) Subject to agreement with the Department, regulate and control traffic on said project, including but not limited to, the speed of vehicles, parking, stopping and turns only in accordance with 47 O.S. 2011 §§ 15-104- 15-106, and to make no changes in the provisions thereof without the approval of the Department. It shall be the responsibility of the Sponsor to notify the Department of any changes necessary to ensure safety to the traveling public. 3) Maintain all drainage systems and facilities constructed, installed, modified or repaired in conjunction with this project or as may be otherwise necessary to 6 URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11/23/2020) ensure proper drainage for road surfaces constructed under the terms of this agreement. 4) Maintain all curbs and driveways abutting road surfaces constructed under the terms of this Agreement and all sidewalks adjacent thereto. 5) Maintain all right-of-way areas adjacent to road surfaces, including erosion control and periodic mowing of vegetation, in a manner consistent with applicable codes, ordinances and regulations. 6) For any portion of the project encompassed under this Agreement that is part of the State Highway System, the Sponsor shall maintain all that part of said project within the corporate limits of the Sponsor between the gutter lines and the right- of-way lines, and if no gutter exists, between the shoulder lines and the right-of- way lines, including storm sewers, all underground facilities, curbs and mowing, all in accordance with 69 O.S. Supp. 1994 §901 and all other applicable law. 7) On limited access highways where county roads or city streets extend over or under the highway or public roads are constructed on state rights -of -way but there is no immediate ingress and egress from the highway, responsibility shall be as follows: a. The public roads as defined in OAC 730:35-1-2 shall be maintained by the city or county and shall be included in their roadway mileage inventory. b. Where county roads or city streets extend over the highway, the roadway, approaches and bridge surfaces, including the deck, shall be maintained by the city or county. The approach guardrail, bridge structure, and highest clearance posting on the structure shall be maintained by the Department. c. Where county roads or city streets extend under the highway, the roadway approaches and advance signing shall be maintained by the city or county. The Department shall maintain the approach guardrail, bridge structure and surface, and the height clearance posting on the structure. 5.9 The Sponsor further agrees and warrants to the Department concerning any sign and highway facility lighting included as part of this project: 10 URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (l 1/23/2020) 1) The Sponsor will, upon notice from the Department Engineer, provide at its own expense all required electrical energy necessary for all preliminary and operational tests of the highway lighting facilities. 2) Upon completion of the construction of said project, the Sponsor will be responsible for the maintenance and cost of operation of these highway lighting facilities, including all appurtenances thereto and including the sign lighting facilities. 3) It is specifically understood and agreed that the highway lighting and sign lighting facilities specified hereunder shall be continuously operated during the hours of darkness, between sunset and sunrise, and shall not be altered, removed or be allowed to cease operation without the mutual written consent of the Department and the Sponsor. 4) The Sponsor agrees to provide, on a periodic schedule, an inspection, cleaning and re-lamping maintenance program to assure the maximum efficiency of the highway lighting facilities. 5) In the event that the highway lighting facilities installed hereunder are no longer needed for the purposes designated herein, then the highway lighting facilities installed hereunder shall not be moved by the Sponsor to any point other than which is approved by the Department prior to such removal. 6) In the event there is no mutually agreed location for reinstallation, the Sponsor will assume complete ownership of the equipment following removal if the installation is twenty (20) years old or older. If the installation is less than twenty years old and: a) In the event the Sponsor desires total ownership of the equipment, the Sponsor shall reimburse the Department the original federal funding percentage share of the original equipment costs only, amortized for a twenty (20) year service life, interest ignored, and assuming straight line depreciation. b) In the event the Sponsor does not desire total ownership of the equipment, the Sponsor shall sell the equipment at public auction to the highest bidder. The Sponsor shall reimburse the Department the original federal funding percentage share of the proceeds of such sale. 11 URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11 /23/2020) 5.10 The Department will appoint competent supervision and inspection of the construction work performed by the construction contractor and will provide such engineering, inspection and testing services as may be required to ensure that the construction of the project is accomplished in accordance with the approved Plans, Specifications and Estimates. The Department reserves the right to make such changes in said plans as may be necessary for the proper construction of said project. 1) The Sponsor agrees to provide such competent supervision as the Sponsor deems necessary during times that the work is in progress to ensure the completion of the project to the Sponsor's satisfaction and the Sponsor's representatives and the Department's representatives will cooperate fully to the end of obtaining work strictly in accordance with the plans and specifications. 2) The Sponsor will make ample provisions annually for the proper maintenance of said project, including the provision of competent personnel and adequate equipment, specifically, to provide all required maintenance of the project during the critical period immediately following construction and to keep the facility in good and safe condition for the benefit of the traveling public. 3) The Sponsor warrants to the Department that it will periodically review the adequacy of the aforesaid project to ensure the safety of the traveling public and should the Sponsor determine that further modifications or improvements be required, the Sponsor shall take such actions as are necessary to make such modifications or improvement. When operation modifications are required which in the opinion of the Department exceed the capability of the Sponsor's staff, the Sponsor agrees to retain, at the sole expense of the Sponsor, competent personnel for the purpose of bringing the improvement up to the proper standard of operation. 4) The Sponsor warrants and agrees that upon completion of the aforesaid project, the Sponsor assumes any and all financial obligations for the operation, use, and maintenance of the aforesaid project. SECTION 6: NON-DISCRIMINATION CLAUSE 1. During the performance of this agreement, the Sponsor, for itself, its assignees and successors in interest, agrees as follows: 1) Compliance with Regulations: The Sponsor shall comply with the regulations relative to nondiscrimination in federally -assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time 12 URBAN PROJECT AGREEMENT -(NOT TO EXCEED) (1123/2020) (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this agreement. 2) Nondiscrimination: The Sponsor, with regard to the work performed by it during the agreement, shall not discriminate on the grounds of race, color, sex, age, national origin, disability/handicap, or income status, in the selection and retention of contractors or subcontractors, including procurements of materials and leases of equipment. The Sponsor shall not participate either directly or indirectly, in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in appendix B of the Regulations. 3) Solicitations for Subcontracts. Including Procurement of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation, made by the Sponsor for work to be performed under a contract or subcontract, including procurements of materials or leases of equipment, each potential contractor or subcontractor or supplier shall be notified by the Sponsor of the Sponsor's obligations under this agreement and the Regulations relative to nondiscrimination on the grounds of race, color, sex, age, national origin, disability/handicap, or income status. 4) Information and Reports: The Sponsor shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the State Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of a Sponsor is in the exclusive possession of another who fails or refuses to furnish this information, the Sponsor shall so certify to the State Department of Transportation, or the Federal Highway Administration, as appropriate, and shall set forth what efforts it has made to obtain the information. 5) Sanctions for Noncompliance: In the event of the Sponsor's noncompliance with the nondiscrimination provisions of this agreement, the State Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including but not limited to: 13 URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11/23/2020) a. Withholding of payments to the Sponsor under the agreement until the Sponsor complies and/or b. Cancellation, termination, or suspension of the agreement in whole or in part. 6) Incorporation of Provisions: The Sponsor shall include the provisions of sub paragraphs 1) through 5) in every contract or subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Sponsor shall take such action with respect to any contract or subcontract or procurement as the State Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions, including sanctions for noncompliance provided, however, that in the event a Sponsor becomes involved in, or is threatened with, litigation by a subcontractor or supplier as a result of such direction, the Sponsor may request the State Department of Transportation to enter into such litigation to protect the interests of the State; and, in addition, the Sponsor may request the United States to enter into such litigation to protect the interests of the United States. SECTION 7: TERMINATION 7.1 This Agreement may be terminated by any of the following conditions: a) By mutual agreement and consent, in writing of both parties. b) By the Department by written notice to the Sponsor as a consequence of failure by the Sponsor to perform the services set forth herein in a satisfactory manner. c) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. d) By the Department for reasons of its own and not subject to the mutual consent of the Sponsor upon five (5) days written notice to the Sponsor. e) By satisfactory completion of all services and obligations described herein. 7.2The termination of this Agreement shall extinguish all rights, duties, obligations and liabilities of the Department and the Sponsor under this agreement. If the potential termination of this Agreement is due to the failure of either the Department or the Sponsor to fulfill their obligation as set forth herein, the non -breaching party will notify the party alleged to be in breach that possible breach of agreement has 14 URBAN PROJECT AGREEMENT- (NOT TO EXCEED) (11/23/2020) occurred. The party alleged to be in breach should make a good faith effort to remedy that breach as outlined by non -breaching party within a period mutually agreed by each party. SECTION 8: GOVERNING LAW AND VENUE 8.1 Any claims, disputes or litigation relating to the solicitation, execution, interpretation, performance, or enforcement of this Agreement shall be governed by the laws of the State of Oklahoma and the applicable rules, regulations, policies and procedures of the Oklahoma Transportation Commission. Venue for any action, claim, dispute or litigation, mediation or arbitration shall be in Oklahoma County, Oklahoma. SECTION 9: DISPUTE RESOLUTION 9.1 The parties hereto have entered into this agreement in the State of Oklahoma and the laws of the State of Oklahoma shall apply. The parties agree to bargain in good faith in direct negotiation to achieve resolutions of any dispute and, if such efforts are unsuccessful, to retain a neutral mediation service to mediate the dispute prior to the filing of any court action. Mediation shall be conducted in the Oklahoma City area and the costs of such mediation shall be borne equally by the parties. If mediation is not successful, venue for any action brought to enforce the terms of this agreement shall be in Oklahoma County, State of Oklahoma. Each party shall bear any cost and attorney fees incurred by the party in such litigation. SECTION 10: PRIOR UNDERSTANDINGS 10.1 This agreement incorporates and reduces to writing all prior understandings, promises, agreements, commitments, covenants or conditions and constitutes the full and complete understanding and contractual relationship of the parties. SECTION 11: AMENDMENTS OR MODIFICATIONS OF AGREEMENT 11.1 No changes, revisions, amendments or alterations in the manner, scope of type of work or compensation to be paid by the DEPARTMENT shall be effective unless reduced to writing and executed by the parties with the same formalities as are observed in the execution of this Agreement. 15 URBAN PROJECT AGREEMENT - (NOT TO EXCEED) (11 /23/2020) SECTION 12: RECORDS 12.1 The Sponsor is to maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred and to make such materials available at its respective offices at all reasonable times, during the agreement period and for three (3) years from the date of final payment under the agreement for inspection by the DEPARTMENT and the State Auditor and Inspector, and copies thereof shall be furnished to the DEPARTMENT, if requested. MX0IIIWZK anIX_17I,Lc-] 13.1 Article headings used in this Agreement are inserted for convenience of reference only and shall not be deemed a part of this agreement for any purpose. L,X�3i[�P�iC� 7I�I7I<[�IX��X�3�9 14.1 This Agreement shall be binding upon and inure to the benefit of the ODOT and the Sponsor and shall be binding upon their successors and assigns subject to the limitations of Oklahoma law. SECTION 15: SEVERABILITY 15.1 If any provision, clause or paragraph of this Agreement or any document incorporated by reference shall be determined invalid by a court of competent jurisdiction, such determination shall not affect the other provisions, clauses or paragraphs of this Agreement which are not affected by the determination. The provisions, clauses or paragraphs of this Agreement and any documents incorporated by reference are declared severable. SECTION 16: EFFECTIVE DATE 16.1 This Agreement shall become effective on the date of execution by the Department's Director or his designee. 16 URBAN PROJECT AGREEMENT- (NOT TO EXCEED) (11/23/2020) IN WITNESS WHEREOF, the Director of the Department of Transportation, pursuant to authority vested in him by the State Transportation Commission, has hereunto subscribed his name as Director of the Department of Transportation and the Sponsor has executed same pursuant to authority prescribed by law for the Sponsor. The Sponsor, on this of 20, and the Department on the day of 120 APPROVED AS TO FORM AND LEGALITY M Z THE CITY OF OWASSO Julie Lombardi, City Attorney Alvin Fruga, Mayor Attest: Juliann M. Stevens, City Clerk (SEAL): Approved — THE CITY OF OWASSO STATE OF OKLAHOMA DEPARTMENT OF TRANSPORTATION Local Government Division Engineer APPROVED AS TO FORM AND LEGALITY General Counsel Recommended for Approval DATE Director of Project Delivery DATE 17 Deputy Director DATE DATE 76th Street North, Birch to US Hwy 169 Service Road Segment 1.1 �� II E BROFtDWP 7 ST Owasso Alternative High 'I School 9 r it ---Red Bud Park — m—_ --- r Exist Sidewalk Recently Constructed DT Sidewalk with New ODOT Interchange to _Connect East and West IFF _ Sides of Hwy EMS AV -tas— E �4VE — — m E-76TH x Sr N xvm 51 ain - ownsso 'ty Hai Exist Sidewalk m� �I ---- - — --- E3111DAVE__ — ° Owasso Community 7Center o' Owasso City Hall canto Owasso -�� i-� 4TH AVI E 1" = 300 ft PF.tl. CN..ury RF•L h•�nrtv This map may reresents a visual display of related geographic information. Data provided here on is not guarantee of actual field conditions. Tc be sure of complete accuracy, please contact the responsible staff for most up-to-date information. IRS aa ad • - - • ■ 11111111111111111■■ , .: NOUN Ell ; ���- 111� �i1111111� M ° ♦ :���� �M 11� �M iii111 MU�� �r,� ■ �I�: �� 11 � 1111 ,■ :■ ��� ►I . �1 IIO .1111111 �® Proposed sidewalk for I� 1 Area BigLots 1" = 500 ft �co-> •r.4 �m�N•.E�Nt hi+nq 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, please contact the responsible stac for most up-to-date imormatlon. TO: The Honorable Mayor and City Council FROM: H. Dwayne Henderson. P.E., City Engineer SUBJECT: Proposed Modification to the Oklahoma Department of Transportation Project Maintenance, Financing and Right -of -Way Agreement - East 106th Street North/North 129th East Avenue Intersection Project DATE: August 28, 2025 BACKGROUND: • On May 16, 2023, the City Council approved the Project Maintenance, Financing, and Right -of -Way Agreement between the City and ODOT in an estimated total amount of $9,549,610.00; of which $1,561.366,00 is to be paid by ODOT and $7,988,244.00 is to be paid by the City. • ODOT reconsidered partial funding of the project and increased the grant amount to 80% of the construction cost plus construction administration, reducing the amount to be paid by the City to $1,441,105.00. A proposed modified funding agreement has been submitted for City Council consideration. • Project Scheduled to Advertise in September 2025; • Project scheduled to let in October 2025; • Project scheduled to award on November 3, 2025; • Project expected to start construction in early 2026; FUNDING AGREEMENT: The ODOT Project Maintenance, Financing and Right -of -Way Agreement was based on the engineering construction estimate prepared by our consultant, Garver. Due to the original Federal Highway Administration (FHWA) funding capped at $1,561,366, all costs over and above would be the responsibility of the City of Owasso. The funding for the project at the time of application submittal is in the following table: Project Segment Estimate ODOT Portion City of Owasso Construction + Admin $7,199,610* $1,561,366 $5,638,244 Utility Relocation 0 N/A $900,000 Right-of-way 0 N/A $1,200,000 Engineering N/A $250,000 Total Project Cost $7,199,610* $1,561,366** $7,988,244 " - 2024 Estimate ** - FHWA Funds were initially capped of $1,561,366.00 PROPOSED SUPPLEMENTAL AGREEMENT: As the project approached final plan submission, staff requested that ODOT review the project costs versus the original budget. The original request sought a budget where FHWA funded 80% of the construction costs with the City of Owasso funding 20% of the construction cost. After a East 106th Street North/North 129th East Avenue Intersection Funding Agreement Page 2 few months of review, ODOT determined they had the funds to honor the original request to a maximum cost of $5,764,419. Any costs over will be paid by the City of Owasso. The table below summarizes the final construction funding scenario: Final Funding Project Segment Estimate ODOT Portion City of Owasso Construction + Admin $7,205,524* (100%) $5,764,419 (80%) $1,441,105 (20%) Total Project Cost $7,205,524 100% $5,764,419 80% ** $1,441,105 20% * - 2025 Estimate ** - FHWA Funds are capped at $5,764,419.00 FUNDING: Funding is available in the Capital Improvements Fund. RECOMMENDATION: Staff recommends approval of the Supplemental and Modification Agreement No. 1 to the Project Maintenance, Financing, and Right -of -Way Agreement between the City of Owasso and the Oklahoma Department of Transportation (ODOT) in an estimated amount of $7,205,524.00 (ODOT's share being capped at $5,764,419.00) and authorization to execute the necessary documents. ATTACHMENTS: Site Map Supplemental Agreement E 106 St N and N 129 E Ave ie Cahill jinn amrxos� r d t!P!r •„t•,,, , i.F.r, r , l r ,ram �_ 1" = 340 ft Sub Title 05/06/2022 s© PNI. Nnrw PFr�RI fuaroy This map may re�presents a visual display of related geographic information. Data provided here on is not guararnee of acutual field conditicns. To be sure of complete accuracy, please comaetth; responsible staff for most up-to-date information. STATE OF OKLAHOMA DEPARTMENT OF TRANSPORTATION SUPPLEMENTAL AND MODIFICATION AGREEMENT NO. 1 PROJECT MAINTENANCE, FINANCING, AND RIGHT-OF-WAY AGREEMENT WIDEN 106TH ST NORTH/129TH INTERSECTION FROM A 2-LANE FOUR WAY STOP TO A FIVE LANE SIGNALIZED INTERSECTION Project No.: STP-272B(445)IG State Job No.: 33317(04) This Supplemental and Modification Agreement, made the day and year last written below, by and between the City of Owasso, hereinafter referred to as the Sponsor, and the Department of Transportation of the State of Oklahoma, hereinafter referred to as the Department, for the following intents and purposes and subject to the following terms and conditions, to wit: WITNESSETH WHEREAS, It is deemed necessary by the Department and Sponsor, and in order to revise the scope of the original Project Maintenance, Financing, And Right -Of -Way Agreement; and, WHEREAS, Under the terms of Section 11 of the original Project Maintenance, Financing, And Right -Of -Way Agreement, said revisions must be reduced to a written supplemental agreement and executed by the Department and Sponsor. NOW, THEREFORE: the Department and Sponsor, in consideration of the mutual covenants and stipulations as set forth herein, do mutually promise and agree as follows: A. The following sections are hereby modified from the original Project Maintenance, Financing, And Right -Of -Way Agreement; SECTION 4: FUNDING SUMMARY 4.1 The Department and the Sponsor agree that the project will be financed at a not -to - exceed, total estimated federal cost of $5,764,419 as described below: Old Fundinci Table FUNDING SOURCE=> INCOG OWASSO STATE TOTAL SHARE JOB PIECE DESCRIPTION ESTIMATED N AMOUNT SHARE (%) AMOUNT NO. COST _ 33317(05) Design - $0 $0 100 $250,000 33317(06) Right -of -Way- $0 $u 100 $1,200,000 33317(07) Utilities - $0 _ $0 100 i $900,000 Construction 33317 04 ( ) (With (With 6% $ 7,199,610 Capped $1,561,366 Remaining$5,638,244 Inspection) Total 1 $7,199,610 Total=> $1,561,366 Total=> $7,988,244 New Funding Table FUNDING SOURCE=> Federal Sponsor STATE TOTAL SHARE JOB PIECE DESCRIPTION ESTIMATED N AMOUNT SHARE (%) AMOUNT NO. COST Construction - 80 33317(04) (With 6% $7,205,524 Capped $5,764,419 Remaining $1,441,105 Inspection) at Total $7,205,524 1 Total=> 1 $5,764,419 Total=> 1 $1,441,105 ***This supplement is to increase the federal funds*** 4.2 Furthermore, the Department and the Sponsor agree that actual federal costs incurred by project phases (JP 33317(04) may exceed initial estimates. Costs between these project phases will be administratively adjusted based on actual cost of each phase, within the total cost of this agreement, without formal supplemental agreement, in so far as the total project agreement is not exceeded. 4.3 It is understood by the SPONSOR and the Department that the funding participation stipulated herein may be altered due to bid prices, actual construction supervision costs and non -participating costs incurred during construction. The SPONSOR will be responsible for payment of any estimated local funding prior to advertising the project for bid. Upon final acceptance of this project, the total project cost will be determined, and the final amount of local funds (if any) will be determined by the Department's Comptroller per the terms of this agreement. A refund will then be made by the Department to the SPONSOR or additional funding will be requested. The SPONSOR agrees to make arrangements for payment of any Department invoice within 45 days of receipt. 2 B. That the original Project Maintenance, Financing, And Right -Of -Way Agreement is hereby modified as above described, said agreement in all other respects shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the Director of the Department of Transportation, pursuant to authority vested in him by the State Transportation Commission, has hereunto subscribed his name as Director of the Department of Transportation and the Sponsor has executed same pursuant to authority prescribed by law for the Sponsor. The Sponsor, 20, and the Department on the APPROVED AS TO FORM AND LEGALITY A on this of day of 20_. THE CITY OF OWASSO 0 Julie Lombardi, City Attorney Alvin Fruga, Mayor Attest: Juliann M. Stevens, City Clerk (SEAL): Approved — THE CITY OF OWASSO STATE OF OKLAHOMA DEPARTMENT OF TRANSPORTATION Local Government Division Engineer APPROVED AS TO FORM AND LEGALITY General Counsel Recommended for Approval DATE Director of Project Delivery APPROVED DATE Deputy Director 3 79. DATE TO: The Honorable Mayor and City Council FROM: David Hurst, Fire Chief SUBJECT: Ambulance Purchase DATE: August 28, 2025 BACKGROUND: The Owasso Fire Department currently operates a fleet of six (6) ambulances. Each of the four (4) Fire Stations operates one (1) ambulance as the primary emergency medical services (EMS) response unit. The remaining two (2) ambulances are kept in reserve status and are utilized when a primary ambulance is out of service for mechanical repairs, preventive maintenance, or during special events such as football games, band competitions, and other community functions. This process ensures that four (4) primary ambulances are consistently available to provide EMS coverage to the community. Due to increasing call volume, staff has determined that the addition of one (1) ambulance is necessary. Over the past three (3) years, EMS call volume has increased by 10%, and the department is currently experiencing a 3.5% increase over last year's figures. A review of statistical data shows that the response area for Fire Station # 1 receives, on average, 29% more EMS calls than the response areas of the other three (3) Fire Stations. Additionally, 31 % of the total EMS calls within Fire Station #1's response area are currently being handled by ambulances from other stations, due to simultaneous call occurrences. This cross -coverage results in extended response times. To ensure continued reliability and efficiency in ambulance service delivery, staff recommends placing an additional ambulance into service, to be housed at Fire Station #1. This will provide a total of five (5) primary ambulances, enhancing coverage in the Fire Station #1 response area and reducing the reliance on resources from other areas —ultimately improving response times across the city. Staff conducted a comprehensive review of several ambulance and chassis manufacturers, evaluating factors such as quality, safety, durability, and cost. Following this review, staff determined that the Type I Ambulance from American Emergency Vehicles (AEV) best meets the department's specifications and standards. PURCHASING PROGRAM: To reduce both the overall cost and procurement timeline compared to the local bidding process, staff recommends utilizing cooperative purchasing through the Houston -Galveston Area Council (HGAC) Buy Program. Staff has previously consulted with the City Attorney and conducted a review of City Ordinance Section 7-105.6 - Bidding. It has been determined that participation in the HGAC Buy Program complies with the City of Owasso's purchasing procedures. Page 2 Ambulance Purchase DISCOUNTS: With an estimated build time of eight (8) months, the manufacturer offers a prepayment discount of $12,587.00 if the City elects to pre -pay at the time of order placement. There is also a Government Price Concession (GPC) rebate associated with the purchase of a Ford chassis of $1,800.00. CONTINGENCY: The proposed ambulance will be sourced from the same manufacturer used for the department's 2021 ambulance purchases. A 5% contingency is included to cover any unforeseen change orders. Any unspent contingency funds will remain in the Ambulance Capital Fund for future needs. PURCHASING: To ensure the lowest cost possible for the purchase of the new ambulance, staff determined that it is in the City's best interest to take advantage of price discounts for pre -paying and purchasing, in the HGAC Buy Program. Type I AEV Ambulance w/o discounts $328,646.00 Pre -pay Discount $12,587.00 GPC QE855 Discount $1,800.00 5% Contingency 15,963.00 Delivery $5,000.00 Final Project Budget $335,222.00 FUNDING: The Ambulance Capital Budget includes sufficient funding for the purchase of the new ambulance. RECOMENDATION: Staff recommends approval to purchase a new AEV Type I ambulance, in an amount not to exceed $335,222.00, from Southern Emergency and Rescue Vehicle Sales, LLC (SERVS), of Comanche, Texas, utilizing the Houston -Galveston Area Council Buy Program Contract #AM10- 23, and authorization for payment. City of Owasso Payroll Payment Report Pay Period Ending 08/23/25 Department Total Payroll Expenses Municipal Court $ 8,244.16 Managerial 37,721.87 Finance 24,551.13 Human Resources 17,028.45 Community Development 31,282.85 Engineering 29,933.12 Information Technology 29,558.07 Facility Maintenance 14,281.12 Cemetery 1,818.77 Police Grants 2,741.66 Dispatch 4,733.16 Animal Control 7,354.48 Emergency Preparedness 1,198.67 Stormwater 8,528.04 Parks 19,927.79 Recreation & Culture 12,078.99 Community Center 9,709.05 Historical Museum 1,117.57 Strong Neighborhoods 584.47 Total General Fund $ 262,393.42 Ambulance Fund $ 779.03 E911 Communications Fund $ 34,675.62 Economic Development $ 3,672.57 Strong Neighborhoods $ 6,109.58 Stormwater Fund $ 8,662.02 Half Penny - Fire $ 369,676.45 Half Penny - Police $ 306,526.09 Half Penny - Police Grants $ 4,789.37 Half Penny - Streets $ 25,925.50 Vehicle Maintenance $ 17,092.90 Workers Comp $ 12,721.58 PUBLIC NOTICE The following is a summary of relevant financial information for Increment District No. 1, City of Owasso, for the fiscal year Indicated herein. The report is available for public inspection during business hours in the office of the City Clerk, 200 S. Main St., Owo,�o,Ql 4055 Christopher nett, City Manager INCREMENT DISTRICT NO. 1, CITY OF OWASSO, FYE 2025 ANNUAL REPORT TIF 01 VALUES Base Assessed Value $ 7,115,628.00 Increment Assessed Value 4,727,273.00 Total Assessed Base and Increment $ 11,842,901.00 Base Sales Tax $ _ Sales Tax Increment (Collected to Date) 1,114,700.09 Total Sales Tax Base and Increment $ 1,114,700.09 TIF #1 FINANCIAL REPORT AS OF JUNE 30, 2025t Fiscal Year to Total to Date Date TIF Related Revenues Sales Tax Increment Collected $ 182,795.10 $ 1,114,700.09 Ad Valorem Increment Collected 511,593.36 1,996,783.60 Interest Collected 44.866.16 94,236.98 $ 739,254.62 $ 3,205,720.67 TIF Related Expenditures Land Acquisition and, Development Financing Assistance $ 173,714.32 $ 1,586,428.99 Public Infrastructure and Facilities Improvements 1,215.00 6,390.00 Project Implementation and Administration 14,805.00 106,564.85 $ 189,734.32 $ 1,699,383.84 Advancements Eligible for Relmbursementtt Project Implementation and Administration $ - $ - Interest and Financing Expenditures - - Total Advancements Eligible for Relmbursementtt $ - $ - Interest on Indebtednesst t t Outstanding Debt Principal as of June 30, 2025 TIF #1 PROJECT BUDGET EXPENDITURES AS OF JUNE 30, 2025 Land Acquisition and Development Financing Assistance Public Infrastructure and Facilities Improvements Project Administration TOTAL Total Remaining Budget TIF #1 Expenditures to Dale Budget $ 13,800,000 $ 1,586,429 $ 12,213,571 3,000,000 6,390 2,973,610 200,000 106,565 93,435 $ 17,000,000 $ 1,699.384 $ 15,300,616 Person in charge of project plan Implementation: Christopher Garrett Interests Disclosed Pursuant to 62 O.S. § 857: NONE t Amounts ore unaudited and subject to adusimenl and/or reclassification t t Advances of TIF-eligible costs from City General Fund may be reimbursed will, future increment revenues t t t Interest on indebtedness paid directly from increment revenues. SECTION 00600 CHANGE ORDER PROJECT: E 961 St N Roadway Improvements West Side CONTRACT DATE: April 15, 2025 TO CONTRACTOR: Grade Line Const. LLC CHANGE ORDER NUMBER: 3 DATE: August 13, 2025 CONTRACT FOR: 961 Roadway Improvements The Contract is changed as follows: Change order #3 adds a pay item to the contract to place concrete car stops and fence along the wall built on N 121" E Ave (Smith Farm Market) for safety. Pay item will be lump sum in the amount of $8,533.69 No change to the contract amount, pay item will be lump sum and taken from allowance. Not valid until signed by the Owner and Contractor The original Contract Sum was $ 6,869,010.60 Net change by previously authorized Change Orders $ $0 The Contract Sum prior to this Change Order was $ 6,869,010.60 The Contract Sum will be (increased) (decreased) (unchanged) by this Change Order in the estimated amount of $ 0 The new Contract Sum including this Change Order will be $ 6,869,010.60 The Contract Time will be (increased) (decreased) (unchanged) by (_O_) days. The date of Substantial Completion as of the date of this Change Order therefore is March 11, 2026 NOTE: This summary does not reflect changes in the Contract Sum Time which have been authorized by Construction Change Directive. Grade Line Construction, LLC CONTRACTOR PO Box 450 ADDRESS Cleveland, OK 74020 �IM 1 P,. DATE 08/14/2025 City of Owasso OWNER 200 South Main ADDRESS Owasso Ok 74055 SPECIAL PROVISIONS 0509 00900 - Page I of 4 Robert Singletary �^ OKLAHOMA Executive Director v y Environmental 401%6s Quality June 5, 2025 Mr. Roger Stevens, Public Works Director City of Owasso P.O. Box 180 (301 W. 2nd Ave.) Owasso, Oklahoma 74055-0180 Re: Permit No. WL000072250442 Robinson Industrial Park Phase I Potable Water Line Extension Facility No. S-21310 Dear Mr. Stevens: Kevin Stitt Governor Enclosed is Permit No. WL000072250442 for the construction of 2,081 linear feet of eight (8) inch PVC potable water line and all appurtenances to serve the Robinson Industrial Park Phase I, Tulsa County, Oklahoma. The project authorized by this permit should be constructed in accordance with the plans approved by this Department on June 5, 2025. 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, t Qusay Kabariti, P.E. Construction Permit Section Water Quality Division QK/GC/ks Enclosure c: TULSA DEQ OFFICE Devin Randall, P.E/, McClelland Consulting Engineers, Inc. 707 N. ROBINSON AVE., PO BOX 1677. OKLAHOMA CITY, OK 73101-1677. OFFICE: 405-702-0100 STATE OF OKLAHOMA-OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY DEQ.OK.GOV Robert Singletary OKLAHOMA Kevin Stitt Executive Director © `� Environmental Governor %c Quality PERMIT No. WL000072250442 WATER LINES FACILITY No. S-21310 PERMIT TO CONSTRUCT June 5, 2025 Pursuant to O.S. 27A 2-6-304, the City of Owasso is hereby granted this Tier I Permit to construct 2,081 linear feet of eight (8) inch PVC potable water line and all appurtenances to serve the Robinson Industrial Park Phase I, located in Section 31, T-21-N, R-14-E, Tulsa County, Oklahoma, in accordance with the plans approved June 05, 2025. 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 2,250 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 252:626-19-2]. 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 AVE., PO BOX 1677, OKLAHOMA CITY, OK 73101-1677.OFFICE: 405-702-0100 STATE OF OKLAHOMA • OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY DEQ.OK.GOV I Robert Singletary ►V ,6 OKLAHOMA Kevin Stitt Executive Director ®• Environmental Governor A® Quality PERMIT No. WL000072250442 WATER LINES FACILITY No. S-21310 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 developer/builder that a DEQ Storm Water Construction Permit is required for a construction site that will disturb one (1) acre or more in accordance with OPDES, 27A O.S. Section 2-6-201 of seq. For information or a copy of the GENERAL PERMIT (OKR10) FOR STORM WATER DISCHARGES FROM CONSTRUCTION ACTIVITIES, Notice of Intent (NOI) form, Notice of Termination (NOT) form, or guidance on preparation of a Pollution Prevention Plan, contact the Storm Water Unit of the Water Quality Division at P.O. Box 1677, Oklahoma City, OK 73101-1677 or by phone at (405) 702-8100. 12) That any notations or changes recorded on the official set of plans and specifications in the Oklahoma Department of Environmental Quality files shall be part of the plans as approved. 13) That water lines shall be located at least fifteen (15) feet from all parts of septic tanks and absorption fields, or other sewage treatment and disposal systems. 14) That whenever plastic pipe is approved and used for potable water, it shall bear the seal of the National Sanitation Foundation and meet the appropriate commercial standards. 15) That when it is impossible to obtain proper horizontal and vertical separation as stipulated in Public Water Supply Construction Standards OAC 252:626-19-2(h)(1) and OAC 252:626-19-2(h)(2), respectively, the sewer shall be designed and constructed equal to water pipe, and shall be pressure tested to the highest pressure obtainable under the most severe head conditions of the collection system prior to backfilling. Failure to appeal the conditions of this permit in writing within 30 days from the date of issue will constitute acceptance of the permit and all conditions and provisions. I reg Garr; RE., Chief Engi Water Quality Division 707 N. ROBINSON AVE., PO BOX 1677, OKLAHOMA CITY, OK 73101-1677. OFFICE: 405-702-0100 STATE OF OKLAHOMA • OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY • OEQ.OK.GOV Robert Singletary v OKLAHOMA Kevin Stitt ► Executive Director Environmental Governor Quality June 5, 2025 Mr. Roger Stevens, Public Works Director City of Owasso P.O. Box 180 (301 W. 2nd Ave.) Owasso, Oklahoma 74055-0180 Re: Permit No. SL000072250443 Robinson Industrial Park Phase I Sanitary Sewer Line Extension Facility No. 3007218 Dear Mr. Stevens Enclosed is Permit No. SL000072250443 for the construction of 2,184 linear feet of eight (8) inch PVC sanitary sewer line and all appurtenances to serve the Robinson Industrial Park Phase I, Tulsa County, Oklahoma. The project authorized by this permit should be constructed in accordance with the plans approved by this Department on June 5, 2025. 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/GC/ks Enclosure c: TULSA DEQ OFFICE Devin Randall, P.E., McClelland Consulting Engineers, Inc. 707 N. ROBINSON AVE., PO BOX 1677, OKLAHOMA CITY, OK 73101.1677. OFFICE: 405-702-0100 STATE OF OKLAHOMA- OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY � DEQ.OK.GOV Robert Singletary ; AV OKLAHOMA 9 ry -_ Kevin Stitt Executive Director �\/ Environmental Governor Quality PERMIT No. SL000072250443 SEWER LINES FACILITY No. 3007218 PERMIT TO CONSTRUCT June 5, 2025 Pursuant to O.S. 27A 2-6-304, the City of Owasso is hereby granted this Tier I Permit to construct 2,184 linear feet of eight (8) inch PVC sanitary sewer line and all appurtenances to serve the Robinson Industrial Park Phase I, located in Section 31, T-21-N, R-14-E, Tulsa County, Oklahoma, in accordance with the plans approved June 5, 2025. 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 AVE., PO BOX 1677. OKLAHOMA CITY, OK 73101-1677.OFFICE: 405-702-0100 STATE OF OKLAHOMA � OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY- DEQ.OICDOV Robert Singletary i OKLAHOMA Kevin Stitt ► Executive Director Environmental Governor <^� Quality PERMIT No. SL000072250443 SEWER LINES FACILITY No. 3007218 PERMIT TO CONSTRUCT 9) That any notations or changes recorded on the official set of plans and specifications in the Oklahoma Department of Environmental Quality files shall be part of the plans as approved. 10) That the recipient of the permit is responsible for the continued operation and maintenance of these facilities in accordance with rules and regulations adopted by the Environmental Quality Board, and that this Department will be notified in writing of any sale or transfer of ownership of these facilities. 11) The issuance of this permit does not relieve the responsible parties of any obligations or liabilities which the permittee may be under pursuant to prior enforcement action taken by the Department. 12) That the permittee is required to inform the developer/builder that a DEQ Storm Water Construction Permit is required for a construction site that will disturb one (1) acre or more in accordance with OPDES, 27A O.S. 2-6-201 et. seq. For information or a copy of the GENERAL PERMIT (OKR10) FOR STORM WATER DISCHARGES FROM CONSTRUCTION ACTIVITIES, Notice of Intent (NOI) farm, 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. Water Quality Division 707 N. ROBINSON AVE., PO BOX 1677, OKLAHOMA CITY. OK 73101.1677. OFFICE: 405-702-0100 STATE OF OKLAHOMA -OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY - DEQ.OK.GOV . I Robert Singletary rFA OKLAHOMA Kevin Stitt Executive Director Environmental Governor Quality August 22, 2025 Mr. Roger Stevens, Public Works Director City of Owasso P.O. Box 180 (301 W. 2nd Ave.) Owasso, Oklahoma 74055-0180 Re: Permit No. SL000066250573 Boardwalk I & II at Preston Lakes Sanitary Sewer Line Extension Facility No. S-21310 Dear Mr. Stevens: Enclosed is Permit No. SL000066250573 for the construction of 1,813 linear feet of eight (8) inch PVC, 4,022 linear feet of ten (10) inch PVC sanitary sewer lines and all appurtenances to serve the Boardwalk I & II at Preston Lakes, Rogers County, Oklahoma. The project authorized by this permit should be constructed in accordance with the plans approved by the Department of Environmental Quality ("DEQ") on August 22, 2025. Any deviations from the approved plans and specifications affecting capacity, flow, or operation of units must be approved, in writing, by DEQ 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. Approved plans and specifications are available upon request. Respectfully, Qusay Ka arrtr, P.E. Construction Permit Section Water Quality Division Enclosure 707 N. ROBINSON AVE., PO BOX 1677, OKLAHOMA CITY, OK 73101-1677.OFFICE: 405-702-0100 STATE OF OKLAHOMA -OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY • OEQAK.GOV PERMIT No. SL000066250573 FACILITY No. S-21310 PERMIT TO CONSTRUCT August 22, 2025 Pursuant to O.S. 27A 2-6-304, the City of Owasso is hereby granted this Tier I Permit to construct 1,813 linear feet of eight (8) inch PVC, 4,022 linear feet of ten (10) inch PVC sanitary sewer lines and all appurtenances to serve the Boardwalk I & I1 at Preston Lakes, located in the SE 1/4 and NE 1/4 of Section 22, T-21-N, R-14-E, Rogers County, Oklahoma, in accordance with the plans approved August 22, 2025. By acceptance of this permit, the permittee agrees to operate and maintain the facilities in accordance with the Oklahoma Administrative Code ("OAC") 252:606 rules and to comply with 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 for ensuring 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 and 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). 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 ("DEQ") 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 DEQ before any such deviations are made in the construction of this project. 9) That any notations or changes recorded on the official set of plans and specifications in DEQ files shall be part of the plans as approved. Page 1 of 2 PERMIT No. SL000066250573 FACILITY No. S-21310 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 DEQ will be notified in writing of any sale or transfer of ownership of these facilities. 1 I) 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 DEQ. 12) That the permittee is required to inform the developer/builder that a DEQ Storm Water Construction Permit is required for a construction site that will disturb one (1) acre or more in accordance with OPDES, 27A O.S. 2-6-201 et. seq. For information or a copy of the GENERAL PERMIT (OKR10) FOR STORM WATER DISCHARGES FROM CONSTRUCTION ACTIVITIES, Notice of Intent (NOI) form, Notice of Termination (NOT) form, or guidance on preparation of a Pollution Prevention Plan, contact the Storm Water Unit of the Water Quality Division at P.O. Box 1677, Oklahoma City, OK 73101-1677 or by phone at (405) 702-8100. 13) That all manholes shall be constructed in accordance with the standards established in OAC 252:656-5-3. 14) That when it is impossible to obtain proper horizontal and vertical separation as stipulated in 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 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. J Water Quality Division Page 2 of 2