The URL can be used to link to this page

Home My WebLink About1999.08.03_City Council Agenda ' PUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular DATE: August 3, 1999 TIME: 6:30 p.m. PLACE: Council Chambers, Owasso Community Center Notice and Agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 4:00 p.m. on Friday, July 30, 1999. Marcia outwell, City erk AGENDA 1. Call to Order Mayor Wilken 2. Invocation Pastor Lynn Wood Rejoice Freewill Baptist Church 3. Flag Salute Ronald D Cates City Attorney 4. Roll Call i~ ~~ II 5. Consideration and Appropriate Action Relating to a Request for Approval of the Consent Agenda. All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from consent by request. A motion to adopt the Consent Agenda is non-debatable. A. Approval of the Minutes of July 20, 1999 Regular Meeting. Attachment #5-A i~ II II Owasso City Council August 3, 1999 Page 3 8. Consideration and Appropriate Action Relating to City Council Approval of a Plat Amendment to the Fairways V Plat, an Addition to the City of Owasso, Tulsa County State of Oklahoma, Previously Approved by the Council on May 3, 1999. Mr Warlick Attachment #8 The staff will recommend City Council approval of the plat amendment for Fairways V, adding two street name designations to the plat. ~~ i~ 9. Consideration and Appropriate Relating to a Request for Council Authorization for the City Attorney to File a Disclaimer of Interest in the Matter of Monte E Gondles Jr, et al vs. Osage Railroad Company, et al. Mr Cates Attachment #9 The staff will recommend that the City Council authorize the City Attorney to file a Disclaimer of Interest in the above-mentioned legal action. ii ii i~ 10. Report from City Manager. 11. Report from City Attorney. i~ i~ ' OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, July 20, 1999 The Owasso Ci Council met in re ular session on Tuesda Jul 20 1999 in the Council Chambers tY g Y~ Y ' at the Owasso Community Center per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 4:00 p.m. on Friday, July 16, 1999. ITEM 1: CALL TO ORDER II I Mayor Wilken called the meeting to order at 6:30 p.m. ITEM 2: INVOCATION Councilor H C "Will" Williams offered the invocation. ITEM 3: FLAG SALUTE Councilor Melinda Voss led in the flag salute. ITEM 4: ROLL CALL PRESENT ABSENT Mark Wilken, Mayor Mary Lou Barnhouse, Vice Mayor Denise Bode, Councilor Melinda Voss, Councilor H C "Will" Williams, Councilor STAFF Timothy Rooney, Assistant City Manager Ronald D Cates, City Attorney Marcia Boutwell, City Clerk A quorum was declared present. A ITEM 5: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROVAL OF THE CONSENT AGENDA. A. Approval of the Minutes of July 6, 1999 Regular Meeting and July 13, 1999 Special Meeting. B. Approval of Claims. C. Action Relating to a Contract Extension for Collection and Remittance of E- 911 Funds. D. Action Relating to a Request for City Council Authorization to Declare Certain Items Obsolete or Surplus and to Conduct a Public Auction for the Sale of Said Items. n Owasso City Council July 20, 1999 ITEM 7: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ACCEPTANCE OF RIGHT-OF-WAY EASEMENT FROM ROBERT C LAVENDUSKY AND CHERYL LAVENDUSKY TO THE CITY OF OWASSO• AND AUTHORIZATION FOR THE MAYOR TO EXECUTE THE DOCUMENT. Mr Cates said that items 7, 8, & 9 are all requests for acceptance of the remaining easements needed to construct the North Owasso Wastewater Collection System project. All of the property owners have executed the documents. Dr Bode moved, seconded by Ms Voss, to accept the right-of--way easement from Robert C Lavendusky and Cheryl Lavendusky for the Northside Wastewater Collection System project, and to authorize the Mayor to execute the document. AYE: Bode, Voss, Williams, Barnhouse, Wilken NAY: None Motion carried 5-0. ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ACCEPTANCE OFRIGHT-OF-WAY EASEMENT FROM MILDRED WORLEY EARL WORLEY, AND BARBARA WORLEY TO THE CITY OF OWASSO• AND AUTHORIZATION FOR THE MAYOR TO EXECUTE THE DOCUMENT. Ms Voss moved, seconded by Mr Williams, to accept the right-of--way easement from Mildred Worley, Earl Worley, and Barbara Worley for the Northside Wastewater Collection System project, and to authorize the Mayor to execute the document. AYE: Voss, Williams, Bode, Barnhouse, Wilken NAY: None Motion carried 5-0. ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ACCEPTANCE OF RIGHT-OF-WAY EASEMENT FROM LONNIE M AND SANDRA J LAMB TO THE CITY OF OWASSO; AND AUTHORIZATION FOR THE MAYOR TO EXECUTE THE DOCUMENT. Ms Voss moved, seconded by Mr Williams, to accept the right-of--way easement from Lonnie M and Sandra J Lamb for the Northside Wastewater Collection System project, and to authorize the Mayor to execute the document. AYE: Voss, Williams, Bode, Barnhouse, Wilken NAY: None Motion carried 5-0. u Owasso City Council July 20, 1999 ~ A STRIP OF LAND ACROSS THE NORTHWEST CORNER OF ' THE WEST 330 FEET OF THE SOUTH 810 FEET OF THE NE1/4 NE'/4 OF SECTION 13 T21N, R13E, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FORTY FEET EACH SIDE OF A LINE BEGINNING AT A POINT ON THE WEST LINE OF THE ' NE'/4 NE'/4 OF SECTION 13 T21N, R13E, AT A POINT APPROXIMATELY 695 FEET SOUTH OF THE NW CORNER OF SAID NE'/4 NE'/4: THENCE N64°07'01 "E A DISTANCE OF ' APPROXIMATELY 120 FEET TO A POINT; THENCE N45°52'56"E A DISTANCE OF APPROXIMATELY 185 FEET TO ' A POINT OF TERMINATION AT A POINT 510 FEET SOUTH OF THE NORTH LINE OF SAID NE'/4 NE'/4, LESS A THIRTY FOOT WIDE PERMANENT EASEMENT ALONG THE SAME ALIGNMENT SAID TRACT OF LAND _CONTAINING 0.35 ACRES MORE OR LESS; AND THE PERMANENT SANITARY SEWER EASEMENT BEING DESCRIBED AS A PERPETUAL EASEMENT, THROUGH, OVER, UNDER ' AND ACROSS THE FOLLOWING PROPERTY, SITUATED IN TULSA COUNTY, OKLAHOMA, TO-WIT A STRIP OF LAND ACROSS THE NORTHWEST CORNER OF i~ THE WEST 330 FEET OF THE SOUTH 810 FEET OF THE NEl/4 NE'/4 OF SECTION 13 T21N, R14E, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FIFTEEN FEET EACH SIDE OF A LINE BEGINNING AT A POINT ON THE WEST LINE OF THE NE'/4 NE'/4 OF SECTION 13, T21N, R13E, AT A POINT APPROXIMATELY 695 FEET SOUTH OF THE NW CORNER OF SAID NE'/4 NE'/4• THENCE 64°07'01 "E A DISTANCE OF APPROXIMATELY 120 FEET TO A POINT; THENCE N45°52'56"E A DISTANCE OF APPROXIMATELY 185 FEET TO THE POINT OF TERMINATION AT A POINT 510 FEET SOUTH OF THE NORTH LINE OF SAID NE'/4 NE'/4, SAID TRACT OF LAND CONTAINING 0.21 ACRES MORE OR LESS. Mr Cates requested that this item be withdrawn from the agenda and the Mayor requested that the minutes reflect that the item was withdrawn. ITEM 12: REPORT FROM CITY MANAGER No report. 5 7,30/99 CITY OF OWASSO GENERAL FUND 8:05:20 A/P CLAIMS REPORT APAPVR PAGE: 4 PO # VENDOR DESCRIPTION AMOUNT 200369 TREASURER PETTY CASH ' DEPARTMENT TOTAL =___> ~ IAGERIAL ----------------------------- II i~ DEPARTMENT TOTAL =___> ~1ANCE ------------------------------ i~ n n DEPARTMENT TOTAL =___> :~MMUNITY DEVELOPMENT - ---------------------------- n 200004 SPRINT PCS 200008 METROCALL 200021 OFFICE DEPOT CARD PLAN 200287 L & M OFFICE FURNITURE 200295 OK MUNICIPAL LEAGUE 200303 TRANSYSTEMS CORP 200351 REGENA GUTHRIE 200369 TREASURER PETTY CASH 200369 TREASURER PETTY CASH 200369 TREASURER PETTY CASH 200373 SUBURBAN OFFICE SUPPLY 200462 SOUTHWESTERN BELL TELE 200463 MCI TELECOMMUNICATIONS DEPOSIT REFUND PHONE USE-HANCOCK PAGER USE OFFICE SUPPLIES OFFICE FURNITURE ANNUAL CERTIFICATION FEE TRAFFIC IMPACT STUDY TUITION REIMBURSEMENT CITY MGR EXPENSE COUNCIL MEETING DUES OFFICE SUPPLIES 6/99 PLEXAR 6/99 USE 200021 OFFICE DEPOT CARD PLAN OFFICE SUPPLIES 200293 LANDMARK BUSINESS SYSTEMS CALCULATOR RIBBONS 200294 CRAWFORD & ASSOCIATES PC AUDIT SERVICES 200295 OK MUNICIPAL LEAGUE ANNUAL CERTIFICATION FEE 200369 TREASURER PETTY CASH REIMB PETTY CASH 200370 DOZIER PRINTING RECEIPT BOOKS 200008 METROCALL PAGER USE 200021 OFFICE DEPOT CARD PLAN OFFICE SUPPLIES 200101 UNIFIRST CORPORATION UNIFORM CLEAN/RENT 200199 DOZIER PRINTING OFFICE SUPPLIES 200251 WAL-MART SAFETY EQUIP FOR TRUCK 50.00 50.00 85.35 7.12 8.48 474.90 30.00 1,484.90 180.00 34.67 69.35 75.00 41.71 76.24 14.34 2,582.06 90.24 50.48 960.00 30.00 6.00 132.25 1,268.97 48.77 36.99 43.48 25.00 63.85 CITY OF OWASSO GENERAL FUND 7,30/99 8:05:20 A/P CLAIMS REPORT APAPVR PAGE: 6 PO # - ------- VENDOR ------------------------- DESCRIPTION ---------------------- AMOUNT --- ------------- ,. 200373 200440 SUBURBAN OFFICE SUPPLY COPIER & COMPUTER SYSTEMS OFFICE SUPPLIES REPAIR FAX MACHINE 14.97 122.45 ~' 200462 SOUTHWESTERN BELL TELE 6/99 PLEXAR 210.55 200463 MCI TELECOMMUNICATIONS 6/99 USE 82.17 ~~ 200464 FEDEX POSTAGE 38.75 DEPARTMENT TOTAL =___> 4,963.36 UPPORT SERVICES _ ---------- ------------------- 200008 METROCALL PAGER USE 27.34 200019 CN HASKELL & ASSOC COMPUTER SERVICES 45.00 " 200020 KIMBALL ACE HARDWARE MAINT/REPAIR SUPPLIES 20.38 200021 OFFICE DEPOT CARD PLAN OFFICE SUPPLIES 4.08 200023 SAM'S CLUB MAINT SUPPLIES 27.94 200026 UNIFIRST CORPORATION UNIFORM CLEAN/RENT 20.36 200029 CROW BURLINGAME REPAIR SUPPLIES 12.93 200360 WAL-MART MAINT SUPPLIES 68.13 2Q0369 TREASURER PETTY CASH REIMB PETTY CASH 15.82 200369 TREASURER PETTY CASH REIMB PETTY CASH 14.85 200369 TREASURER PETTY CASH DOC LUNCHES 62.94 DEPARTMENT TOTAL =___> 319.77 'C` DICE SERVICES 200008 METROCALL PAGER USE 478.69 ~ 200020 i KIMBALL ACE HARDWARE MAINT/REPAIR SUPPLIES 5.98 ~ 200023 SAM'S CLUB MAINT SUPPLIES 3.38 200042 AT&T WIRELESS SERVICES PHONE USE-ALL 270.49 200043 SPRINT PCS PHONE USE-KLAHR 27.99 200046 WESTERN BUSINESS PRODUCTS COPIER MAINTENANCE 246.71 200063 SIRCHIE EVIDENCE MATERIALS 362.65 200069 200097 LAW ENFORCEMENT TARGETS I GARRETT SIGNS TRAINING TARGETS TRAINING SIGNS 85.10 100.00 200108 MILL CREEK LUMBER & SUPPL MAINT SUPPLIES 4.00 200180 TAYLORMADE LOCK & KEY LOCK REPAIRS 90.00 200181 ACCURATE FIRE EQUIPMENT SVS FIRE EXTINGUISHER 44.19 200211 PSCS LTD SUBSCRIPTION 30.00 200270 IAWP-JAN TAYLOR MEMBERSHIP DUES-CHIEF 40.00 200284 L & M OFFICE FURNITURE FILE CABINET 125.00 200285 MULTIPLIER CORP RADIO BATTERIES 82.17 200310 PHILLIPS POLICE EQUIP OFFICER EQUIPMENT 607.15 200310 PHILLIPS POLICE EQUIP UNIFORM SUPPLIES 5.95 200313 1 DOZIER PRINTING OFFICE SUPPLIES 30.00 1,'30/99 8:05:20 CITY OF OWASSO GENERAL FUND A/P CLAIMS REPORT APAPVR PAGE: 8 PO # VENDOR DESCRIPTION AMOUNT --------- ------------------------- ------------------------- ------------- N"',RGENCY PREPAREDNESS 200005 AT&T WIRELESS SERVICES ' 200462 SOUTHWESTERN BELL TELE TREETS DEPARTMENT TOTAL =___> PHONE USE-STAMPER 6/99 PLEXAR PAGER USE TRAFFIC SIGNAL MAINT EXPY EASEMENTS 4/6/99 LAKERIDGE 4/6/99 3 LAKES EASEMENT 4/6/99 MAINT/REPAIR SUPPLIES UNIFORM CLEAN/RENT GRAVEL & SA EQUIPMENT RENTAL CONCRETE SUPPL MAINT/REPAIR SUPPLIES EQUIPMENT REPAIR SOD-REPAIRS SAFETY SUPPLIES DOZER RENTAL GUARDRAIL REPAIR H REIMB PETTY CASH WARNING DEVICES LE 6/99 PLEXAR DEPARTMENT TOTAL =___> M --- MUNITY CENTER --------------------------- 200020 KIMBALL ACE HARDWARE MAINT/REPAIR SUPPLIES 200196 TAYLORMADE LOCK & KEY CHANGE LOCKS 200360 WAL-MART MAINT SUPPLIES ~. 200462 SOUTHWESTERN BELL TELE 6/99 PLEXAR 200463 MCI TELECOMMUNICATIONS 6/99 USE DEPARTMENT TOTAL =___> 200008 METROCALL 200010 SIGNALTEK INC 200014 BRUSHHOG SERVICES 200014 BRUSHHOG SERVICES 200014 BRUSHHOG SERVICES 200031 KIMBALL ACE HARDWARE 200038 UNIFIRST CORPORATION 200082 APAC-OKLAHOMA, INC. 200084 EQUIPMENT ONE RENTAL 200085 RAINBOW CONCRETE CO 200086 MILL CREEK LUMBER & 200112 BAILEY EQUIPMENT 200114 BROWN FARMS SOD 200200 MEMCO 200204 A.I.M. EQUIPMENT 200205 FENSCO INC. 200369 TREASURER PETTY CAS 200457 FLASHER CO., INC. 200462 SOUTHWESTERN BELL TE 76.42 21.34 97.76 189.73 332.50 1,650.00 300.00 400.00 255.01 35.70 296.87 35.00 61.50 170.76 43.80 120.00 57.00 375.00 143.55 10.98 300.00 21.34 4,798.74 4.99 35.00 26.76 122.26 14.77 203.78 ?ARK MAINTENANCE r, 30/99 CITY OF OWASSO WORKERS' COMP SELF-INS PLAN 8:05:20 A/P CLAIMS REPORT APAPVR PAGE: 1 PO # VENDOR DESCRIPTION AMOUNT F*TERAL GOVERNMENT - --------------------------- 200071 MEDSTAR EMER PHYS INC C03179 200174 MEDCENTER INC P02029 200175 MEDCENTER INC P02029 200176 MEDCENTER INC P02029 200177 MEDCENTER INC P02029 200321 MEDCENTER INC P02029 200322 MEDCENTER INC B06109 200323 ORTHOPAEDIC SURGERY CENTS T01059 200324 ST. JOHN'S MEDICAL CENTER 501139 200325 TOM A MARBERRY MD 501139 200326 MEDCENTER INC C09178 200332 INSURANCE & BUSINESS SERV B06039 200336 WARREN CLINIC F02289 200337 MAY'S DRUG F02289 200342 UNITED SAFETY & CLAIMS IN ADMIN FEES 200343 FELDMAN, FRANDEN, WOODARD B04039 200344 FELDMAN, FRANDEN, WOODARD F02289 200345 FELDMAN, FRANDEN, WOODARD 511208 200347 SPRINGER CLINIC C08058 200348 MEDCENTER INC P02029 200350 MEDCENTER INC B06109 200352 TOM A MARBERRY MD 501139 DEPARTMENT TOTAL =___> FUND TOTAL =___> 35.53 228.36 129.56 87.36 69.74 42.48 128.40 72.32 111.73 69.74 144.93 1,712.50 17.66 22.18 933.75 505.30 24.00 208.00 415.44 42.48 88.07 77.17 5,166.70 5,166.70 ~~ CITY OF OWASSO E - 911 1,30/99 8:05:20 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT C`r~ICE COMMUNICATIONS 200006 SOUTHWESTERN BELL TELE E-911 SERVICE 1,901.75 P` ------------- ~ DEPARTMENT TOTAL =___> 1,901.75 3 FUND TOTAL =___> _ 1,901.75 li CITY OF OWASSO CAPITAL IMPROVEMENTS ,'30/99 8:05:20 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT --------- ------------------------- ------------------------- ------------- F~TERAL GOVERNMENT - ---------------------------- 200108 MILL CREEK LUMBER & SUPPL COMPUTER SET-UP SUPPLIES ~~ 200214 APEX COMPUTERS ETHERNET CARD 200356 SEBRING SYSTEMS TECHNOLOG COMPUTER WIRING 200369 TREASURER PETTY CASH MS OFFICE 97 200385 COMP USA INC COMPUTER SUPPLIES DEPARTMENT TOTAL =___> n FUND TOTAL =___> 38.54 52.98 3,420.00 244.20 558.99 4,314.71 4,314.71 18 CITY OF OWASSO PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 07/17/99 Information Systems 0 00 2,770.20 St~ppt~r~t Servrnc~~ O.Ob 4,161.43 ,, Police 1235.11 50,640.81 Animal Control 0.00 Fire 37.13 ;;::.. >. Street 550.74 Community-Senior Center 0 00 Park Maintenace 0.00 .......................... 1,770.20 42,624.93 10,619.30 .3,270.0$ 4,351.33 General Fund Total $1 822.98 $161,965.79 Garage Fund Garage .. ~ ` $0 00 $3,830 $0 Garage Fund Total $0.00 $3,830.80 APPROVED: 08/03/99 Mayor Council Member n r Council Member MEMORANDUM TO: ~ FROM: ,_ SUBJECT: ' DATE: ' BACKGROUND: HONORABLE MAYOR AND COUNCIL CITY OF OWASSO SHERRY BISHOP FINANCE DIRECTOR INVESTMENT IN A REVENUE ANTICIPATION NOTE OF THE OPWA July 26, 1999 C In March of 1998, the OPWA Trustees approved a concept plan for the construction and funding of the Elm Creek Sewer Interceptor project. The concept allowed the interceptor to be constructed with city-backed financing supported by a private sector "pay-back" as the property develops. ' Financing for the project consists of a bank note and a revenue anticipation note. The note with ~ First Bank of Owasso is a five-year, 5% note for $1,200,000 dated December 1998. Monthly payments aze $23,000. The current balance is $1,092,886. The RAN (Revenue Anticipation Note) between the City and the OPWA was approved August 8, ~ 1998 by the City Council and the OPWA Trustees. The RAN was set up as a temporary construction loan with funds drawn as needed and interest accrued on the balance. The note is for ' an amount not to exceed $1,800,000 at 5.2% interest for one yeaz. The current balance of the RAN is $564,544.05 with accrued interest of $13,824.40. The note matures and payment of principal and interest is due August 4, 1999. The original concept anticipated that when the one- ~ yeaz RAN matured, it would be replaced with another RAN with a fixed amount and term. Although construction of the sewer interceptor line is complete, other expenses associated with the project are not. Lift station improvements are still in engineering and there is the potential for +~ additional expenses for loss of trees in the easements. The project is not at a point to be able to set the amount of the RAN. ~ In order to leave the amount of the RAN open for additional expenses, the Council and the OPWA may simply extend the term of the note. New documents (Loan Agreement and Revenue Anticipation Note) are not required. The existing note may be prepaid at any time allowing the principal to be reduced, as funds are available from connection fees. The need to "refinance" the ,~ project is accomplished with minimal staff time and no additional expenses. ^ ' REVEN E APiTICIPATION NOS 4~' _ THE OWASSO YUBLYC WORKS AUTHORITY Dated as of the 4th day of August, 1998 Owasso, Tulsa County, Oklahoma $1,800,000.00 FOR VALUE RECEIVED, the undersigned, Owasso Public Works Authority, ' an Oklahoma Public 'Trust, having the City of Owasso, as its beneficiary, its successors and assigns (collectively, the ~ "Borrower"), promises to pay to the order of the City of Owasso, Oklahoma, an Oklahoma Municipal Corporation, its successors and assigns (collectively, the "City") at its principal office at 207 South Cedar, Owasso, Tulsa County,- Oklahoma 74055, or at such other place as may be designated in writing by the City, the ,r principal sum of ONE MILLION, EIGHT HUNDRED THOUSAND AND NO/100 DOLLARS ($1,800,000.00) or so much thereof as shall have been advanced hereon, together with interest on the unpaid portion of ' the principal balance computed from the date of each advance, until paid in full, at the rate of wive point two percent (5.20) per annum, principal and interest being deferred one (1) year from the ~ delivery hereof and receipt of initial draw down; whereupon all principal advanced and interest accrued thereupon shall be due and payable on or before the nth day o~ August, 1999. ,~ The Borrower may prepay this Note, in whole or in part, at any time prior to the due date hereof, without penalty. If any payment shall be due on a Saturday or Sunday or upon any banking holiday of the holder hereof, such payment shall be due and payable on the next succeeding banking day and interest shall accrue to such day. ' This Revenue Anticipation Note is the Revenue Anticipation Note referred to in that certain Loan and Security Agreement dated as of the 4th day of August, 1998, by and between the Borrower and the City (the "City") given and entered into to secure this Note, the ' proceeds of which the City is loaning to the Borrower to finance its costs of the Elm Creeic Sewer Interceptor Project in Owasso, ,~ Tulsa County, Oklahoma. Excep~ as May be herein. otherwise specifically provided, the rights and obligations of the Borrower and the City arising by virtue of this Revenue Anticipation Note as well as the Agreement above referred to, shall be governed by the Agreement as if same were specifically incorporated herein, such r Agreement surviving the issuance, execution and delivery of this Revenue Anticipation Nome. ' The City may, at any time prior to the duQ date of payment of this Revenue Anticipation Note call for an early pre-payment in whole, or in part, i~ i.t is determined by the City, in it's sole ' discretion, that the funds heretrrore advanced pursuant to this ATTEST: Marc'a Boutwell, Secretary Delivery receipted this ~ day of 1998. CITY OF OWASSO, OKLAHOMA By Denise Bode, Mayor P~TTEST Marc a Boutwell, Citv Clerfi the invoices for which the loan advances are sought, certifying that the work, labor or materials for which the loan advance is sought have been performed according to the plans and specifications or ~ as approved by the City, and certifying that sufficient funds are available under the Note to complete the construction of the Project in accordance with the plans and specifications. Lien waivers from all contractors and subcontractors shall be provided by the Authority with each loan advance. ~ 1.4 Terms of the Note. The Note shall be in substantially the form set forth in xhibit A attached hereto. ' Interest shall accrue, be payable and subject to adjustment, as provided for in the Note on the outstanding and unpaid principal balance thereon from the date of first advance thereon until payment in full thereof as set forth and provided therein. 1.5 Payments, etc. Payment of principal and interest on the Note and other charges ' under this Agreement to be made to the City shall be made in lawful money of the United States of America, and shall be made at City's principal office in Owasso, Oklahoma, not later than 11:00 „~ o'clock a.m. on the date due. If any such payment falls due on a Saturday, Sunday or public holiday at the place of payment thereof, then such due date shall be extended on the next succeeding full business day at such place and interest shall be payable in respect of such extension. ~ ARTICLE II ~'OIlTDITIONS PRECEDENT 2.1 Conditions. The obligations of the City to make the loan pursuant to this Agreement are subject to there being no Event of Default hereunder or an event which with notice or lapse of time would become an Event of Default hereunder and the City having received in form and substance satisfactory to it: (a) :4 duly certi ied copy of the resolutions of the Authority authorizing execution and delivery of this Agreement, anti related instnrments, and the issuance, execution and delivery of the Note; (b) Original duly executed counterparts of (I) this Agreement, (ii) such financing statement(s) as respect the foregoing, (c) Such certificates, documents and certificates respecting the Authority, as City counsel shall reasonably require; (d) Such opinions of counsel for the Authority, as City counsel shall reasonably require; (e) A detailed description and cost breakdown analysis of the Project (the "Breakdown") and a.(1 amendments thereto, all for approval by City; 2 4.2 Creation of Charges on Revenues. The Autho; ity shall not create or suffer to exist any additional assignment, pledge, security interest or other lien, encumbrance or charge on any revenues of the Authority to be pledged. 4.3 Amendment. The Authority shall not alter, amend or repeal the resolutions described ' in Section 2.1(a) hereof, or, without the prior written consent of the City, agree to any alteration or amendment of any of the instruments described in Sections 2. I (b) and 2.1(c) hereof, or take any ~ action impairing any authority, right or benefit given or conferred by such resolution or instruments. 4.4 Payment. The Authority shall pay or cause to be paid the principal of and the interest on the Note as the same becomes due, whether by acceleration or otherwise, but solely from ~ the sources referred to in Article III hereof. 4.5 IZe~resentations and Warranties of Authority. The Authority represents and warrants to the City as follows: ' ~ (a) The Authority is an Oklahoma public tnist duly organized, validly existing and in good standing under the laws of the State of Oklahoma and all other states in which it is necessary that the Authority be qualified to do business. Y^ (b) The Authority and the Owasso City Council have taken all necessary actions to authorize entering into this Agreement and to authorize the execution and delivery of the ' Note, and the other documents contemplated hereby. ~ (c) The execution and delivery of this Agreement and, the Note, will not cause, constitute or result in a breach of any agreement, contract or other undertaking to which the Authority is a party. ' . (d) The Authority shall deliver to the City copies, certified by the Authority's Secretary, of all resolutions and actions undertaken by the Authority or the Owasso City Council to authorize this transaction. (e) The Authority shall ma~ntam its existence in Oklahoma. ' (f) The Authority shall deliver to the City, within one week after they are prepared, copies of the Authority's quarterly financial statements. ' ARTICLE `V DEFAULT AND REMEDIES 1 . ~ ' t h The breach of, or default under, any covenant, agreement, term, condition, () provision, representation or ~varran:y contained in this Agreement, the Note, rot ' specifically referred to in this Section, if such breach or default is not cured within thirty (30) days of the occurrence thereof; or (i) In any event of default shall occur and shall continue for more than the period of grace, if any, provided with respect thereto, under this Agreement; or (j) The Project cannot be completed in accordance with the plans and specifications approved by the City with the funds remaining to be advanced on the Note. 5.2 Remedies on p~fault. Whenever amp Event of Default referred to in Section 5.1 hereof shall have occurred, the City may take any one or more of the following remedial steps: (a) Declare all amounts payable hereunder and pursuant to the Note or any renewal thereof, to be immediately due and payable without notice of default, presentment or demand for payment, protest or notice of nonpayment or dishonor, or other notices or demands of any kind whatsoever, whereupon the same, together with the accrued interest thereon, shall become immediately due and payable; or ~ (b) Realize upon its rights under the security agreement and such other collateral documentation as may from tune to time inure to the benefit of the City; or ' c Take whatever action at law or in equity may appear necessary or desirable to () collect the amount then due and thereafter to become due, or to enforce performance or observance of any obligations, agreements or covenants of the Authority under the Note, this Agreement, or otherwise. a.R 1'ICLL ~1I MISCELLANEOUS 7.1 Defeasance. If the Authority shall pay or cause to be paid or otherwise provide for, or there shall otherwise be paid or provided for, the principal and the interest on the Note and all other amounts payable by the Authority at the times and in the manner stipulated in this t Agreement or the Note, then all covenants, agreements and other obligations of the Authority hereunder, and the security interest created by the Assignment, shall thereupon terminate and be ~ discharged and satisfied, and thereupon all the moneys of the Authority then subject to such security interest shall be free and clear thereof. 7.2 Waivers, etc. INTO failure on the part of the City to exercise and no delay in ~ exercising, and no course of dealing with respect to, any right under this Agreement, or any other ~ Notice given hereunder shall be deemed given upon receipt by the principal addressee. ' 7.8 SeverabilitX. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. ' 7.9 Execution in Cour~tec•.~arts. This Agreement m2y be e~:ecuted in several counterparts, each of which shall be an original anti al( of which shall constitute one and the same ' instrument. ' 7wasso Public ~?Vorks Authority 1 By~- Denise Bode, Chairman "Authorit}~" ATTEST: By: PLC Marti Boutwell, Secretary (SEAL) City of Owasso, Oklahoma Bl Denise Bode, Mayor ATTEST: By: Marcia outwell, City lerk 8 i~ i~ I~ MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: M. A. ALEXANDER CHIEF OF POLICE SUBJECT: REQUEST PURCHASE OF DIGITAL RECORDING DEVICE DATE: July 26, 1999 BACKGROUND: The current 1999-2000 Budget for the E-911 Fund contains $20,000 in funds for the purchase of a Digital Recording device for the Communication Division. This equipment is used to record all ~ incoming phone calls, radio traffic and each emergency call placed to and through the Owasso Police Department. The current system is a decade old Dictaphone reel-to-reel system that has ' been malfunctioning for approximately 30 days. Contact with repair personnel indicated the `heads' of the recording device are in need of replacement. This element of the equipment is the most expensive to replace at $8,000 for two `heads'. It is more cost effective to purchase a new ' system now rather than repair the old system. The normal bid process would delay this purchase for another sixty days. Since recording of emergency calls is a critical aspect of the Communications Division, this purchase must be expedited. Several digital recording vendors were notified and asked to submit their product(s) for our education and assessment. The communications supervisor and the service manager met and reviewed each piece of equipment in operation as well as spoke with the vendors regarding their product and our needs within the department. The selection of the best product to serve the community's needs was made and is provided for your approval. Quotes were obtained from the following: 1) Eyretel $31,745.80 2) Dictaphone $22,685.00* 3) Stancil $20,459.00 4) J.E.I. $20,440.00 5) Eventide $13,995.00 * $1,000 would be deducted for atrade-out of the current system. i u E-911 FUND PROPOSED BUDGET FY 1999-2000 99,000 E-911 Telephone User Fees Interest PROPOSED EXPENDITURES & TRANSFER OUT 44-311-5250 Repair & Maintenance Supplies 2,500 44-311-5330 Repair & Maintenance Services 3,000 44-311-5371 Telephone Service 26,000 44-311-5441 Machinery & Equipment 20,000 Transfer to General Fund (Dispatch Salaries) 20,822 PROPOSED NET 100,000 3.500 31,178 PROJECTED ENDING FUND BALANCE (6-30-2000) $130,178 111 r ~ 3067 Alhambra Drivt ~ /II- Caiatre~r Park, CA 956x2 (S30) 677.3210 (s30j 67'f-4714 (Fax} NAyIE ! aDDRESs Owasso Police Dept. Ms. l~ko6na Estimate PATE NUMBER NI4/99 70 gvorfwu~or>~ r-ea waaaaNTv 9/14/49 Origin I Ycu f LTf`M DESCRIPTION OTY . ~ UNITS TOTAL ~DVR-8C Digital Voice Recorder; Model DVR-8C 2 ; 9,450.00 18,900.00 II-TC-If3 ~ , Dirt~t'Pelephonel;incConnectioer !~ ~ 89.80 712.00 D-AM-800 Direct (Two-Way) Radio Connection 8 ; 89.00 '713.04 Provided at No Charge: ~' 1 EA Information Manual 2 EA DAT Tape, #DAT-DDS-90 Pack/Ship f Packing & Shipping ~ 116.00 116.00 i 'AL ~ ~ZO;4~o.00 SIGNATURE j,~],~{10 9:1 U4: 14p Kenny James 4!]5-359-8651 ' p. 2 i~ i~ To: I.ari Molma/ City of Owasso, OK June l0, 1999 Fm: Kenny James/ Dictaphone 1.ai, Thank you very much for allov~ang me the time to demonstrateoor prodnci. Please thank Btu for me, as we11 I pAesented not only excellent functionality, but also some valid points far choosing Dictaphone over our co>Ytpetiiion: • Dictaphone is the only vendor in the industry that engineers, manufactures, tests, sells, distnbutes and services its own equipment (MADE IN THE US). • Dictaphone service is comprised offactory-trained and Dictaphone-employed technicians (the only exceptions being remote or sparsely-populated areas of the v~vrld), VS tlrird-Party contractors vdto tray or tray not be as interested ut taking care of you as the company You trade the purchase from. In the OkWtotna service district, we have a service manager and seven technicians (one fives in the Tulsa area}. • The way our recorder is engineered helps protect you from liability by maintaining the recording mission in the event of single a multiple drive fat7ttres AND by accamtmg for every second of every day utt7izing Real-Time' recordmg method VS'Event-based'. • Additionally, ora retarder is not dependent oa the remote PC (if ub7izod). If the PC fails or is disabled, recording is tminteaupted. These ate the main arguments, but certainly not the only ones... the least of v~hich is that Dictaphone is the oldest (111 years olds the largest (yearly revenues m excess of 340 mt7lion), and Ste company that invented the logging market (WWII--Fed Gvt contracted Dictaphone to record enemy transmissions used to break fir ~)• ~ What follows is the additional information you requested: #32231-016 (Satre recorder._.16-chattael version) S2Z,68S.0615509ger mo kas•** ' #161884 -ANI capture (with Dictaphone sales engineeratg approval for integration to customer's 911 conlroIler) 53,325.!0! S75 par mo lease** DAT drive replacement (from Dictaphone service dept) approx. S1,200 (parts and labor) Imrtanatbn aad tlrst year maintenance (parts and labor) is h>ctuded in eve gooted. 1Vlainteaance an then be paid year-#o-year air ptr~pajd several years in sdvaiace (pre-pa' mast be paid berars era o[ th~st run year>. ;,;~ . ._ _. • Instant recall fon disk • SafeDrive"" buff increases tape d reliability. • HP/SONYbDS-2foi reliability. • Separate "Mini" port playback unit availat • Optional Smm drive • Optional magneto of disk drives. • Built-in UPS. • Software-upgradable • Built-in FCC approve telephone couplers, .~:e • Record up to 19.2K data or fax. SYSTEM CONFIGURATION Search Criteria Sampling Ra[e Number of DAT Drives Time/Date, Next, Channel #, 8 kHz, 8 Bit 1 or 2 Mark, Saved Compression Rates Number of Channels Audio Outputs ~ 16, 32, or 64 Kb/sec 1 - 8, 16 or 24 Internal Front Panel Speaker, Adjustments Optional Smm Drives or Headset, Line, External Speaker All Audio Adjustments From ~~agneto Optical Disk Drives Front Panel 1 or 2 FRONT PANEL INTERFACE Serial Data Record Display 2 Channek 9600 to 19,200 Baud HARD DISK DRIVE (SCSI) 4 lines x 40 Characters FCC-Approved Phone Interface Normal Record Buffering Backlit LCD Built-In, Selectable Beep Up to 3 Channel Hours Soft Function Keys By Channel Backup Record Buffering 4 Variable Function Keys (Backlit) Up to Full Capacity of Disk Fixed Function Keys REMOTE CONTROL Instant Recall Record, Play, Rewind, pC via Windows Application Yes FForward, Stop, Eject Software and RS485 link Keypad Audio Capacity (Hours) 120 Hours (std.) 250 or 500 (opt) 12 Key SYSTEM DIAGNOSTICS Screen Keys Power On Selftest, Error Log, Next and Previous History Log, System Monitoring REMOVABLE STORAGE MEDIA Channel Indicators DAT Recording Format HP/SONY DDS-1/DDS-2/ 24 Channel Status LEDs PHYSICAL DDS-3 System Status Indicators Dimensions Error Detection Tape Full, Tape Almost Full, W: 17"/432mm 3 Levels Fault H: 5.25"/133mm D: 17.5"/445mm Error Rate < 1 in 1015 SECURITY Weight 31 Ibs/14 kg Password Protected Configuration DAT Tapes Desktop or 19 inch Rack Mount 90, 120, 125 Meters DAT Audio Capacity ALERTS Audible and Visual TIME CODE 250 Hours+, 550 Hours, Any System Fault, Tape Almost Resolution 1600 Hours+ Full, Tape Full 1 Second Smm Cartridge Tape 625 Hours or 875 Hours+ INPUT CHARACTERISTICS Accuracy 2 Seconds Per Day (optional) Frequency Response External Sync Magneto Optical Disk Capacity 200 to 3400 Hz R5485/232 Format 0, 1 or 2 600 Hours+ Signal to Noise Ratio 50 d6 Typical POWER SEARCH /PLAYBACK / MONITORING CAPABILITIES Crosstalk 90 to 130 VAC or 180 to 250 Live Record Monitor -60 dB Typical VAC, 47 to 63 Hz Mix Any Combination Wow and Flutter 160 Watts of Channels Unmeasurable Playback Monitor Input Impedance OPTIONS AND ACCESSORIES Mix Any Combination 10K ohm Smart Label Printer, Larger Capacity Hard Disks, 90M and of Channels Automatic Gain Control (AGC) 120M DAT Tapes, GPS Time Simultaneous Record and Play 10 Milliseconds Attack Time Sync, PC Remote, Play-Only Yes 100 Milliseconds Release Time Unit. Search Times Adjustable VOX Hard Disk -Milliseconds Threshold and Hold time DAT Tape -Average 35 Sec. Recording Initiated Smm Tape -Average 70 Sec. Vox, Off-Hook, External, MO Disk -Milliseconds Continuous E~¢ntd¢ ' Travis business systems did advise that a DVD could be installed in their Stanch system for approximately $300 more, but I was not impressed with their lads of knowledge about the format. The tech that Lori spoke with had never heard of a "DVD RAM^. I am a layman, but I know that there are ' two main DVD storage formats out there one is DVD-FZ4M and the other is the DVD-ROM. The industry is currently in the equivalent of a VHS vs. BETA war between the two formats. That the tech at Stanch did not know this disturt~ed me. ~ The Eventide system also has included in the price of their base package a remote PC connection that allows a dispatcher to call up digital recorciings on a computer which is stationed in another location. Archives can be searched, files recon-led and played without the dispatcher leaving their station. Although this is not a true "network" connection, it is more than adequate for our needs. '~ Also included is a Seiko label printer to create labels for our recon:ied disks and the affordability of the media will allow us to perrnanently save our archives. ' I also feel that we would be better off with the less expensive VR240 system because it more than meets our needs for now and the foreseeable future. Another fadorthat bends me toward the Eventide system is its endorsement by the OSBI. Traditionally a lot of research has gone into purchases made by that agency. Although the searching system for the Stancl is superior, Lori and I have been informed that a software ~ upgrade is currently in the works for the Eventide system that will greatly increase the features now provided and that this upgrade will be provided to us at no cost when it is available. The only reservation I have about buying the Eventide system is the service contract. I am not sure about the availability of the support personnel. I was informed that there is no way to contact a service rep after hours and that a message would have to be left with the company on an answering machine. ~, Although this machine, with its backup system should be able to recorci several hundred channel hours without repair should a part go bad, I still preferto be able to talk to a rep round the clock since we are a 24 hour operation. I am not sure where Lori stands on this, but after much consideration, I feel we should purchase the ' Eventide system. If you have any further questions, please contact me. ' ~ Page 2 ' MEMORANDUM TO: HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: H. DWAYNE HENDERSON, P.E. CAPITAL PROJECTS MANAGER SUBJECT: 1998 BOND ISSUE PROJECTS -EAST 86TH STREET NORTH/NORTH MAIN STREET INTERSECTION PROJECT ENGINEERING FEE AMENDMENT FOR FINAL DESIGN DATE: July 27, 1999 BACKGROUND: In 1988 the City of Owasso funded the East 86'~ Street North Widening Project as part of the 1988 Capital Improvement Fund Project. The original project scope was to widen East 86~` Street North from North 129` East Avenue to North Main Street, but the project exceeded the budget and the improvements ended at North Dogwood. In 1995, the remainder of the project was included in the Capital Improvement Program by the City of Owasso. Capital Improvement Funds were obligated based on the consulting engineer's cost estimates and the project was designed. Unfortunately, the preliminary construction costs estimated after Preliminary Design exceeded the funds available and the project was delayed until future funding could be secured. ' In October 1997, this project and 19 others were included in a Bond Issue and approved by the citizens of Owasso for $10 million in Capital Improvements. Concurrently, the Oklahoma Department of Transportation (ODOT) obligated $750,000 in Federal Highway Administration (FHWA) Funds. . In March 1998, ODOT met with City of Owasso staffto review the changes needed to the plans. The ' changes requested by ODOT required negotiations with the design firm, FHC, Inc, for additional fees. ~ On June 25, 1998 staff met with FHC, Inc., to discuss their breakdown of hours. As a result, a proposed fee of $7,891.00 was submitted. The original agreement has been included for your review as Attachment A. SECOND ROUND CHANGES: ' ODOT reviewed the Final Plans changes and returned them for more corrections. These corrections included a variety of items that were not identified on their initial review, but will need to be changed in order for ODOT to give final approval. 1 AGREEMENT _ FOR ENGINEERING SERVICES fl l' j~~}>t ~1 ~ Ij 1i ~i r ~, , ~: JUl. 2 3 1998 THIS AGREEMENT, including Attachments between the City of Owasso (Owner) and FHC, Inc. (Engineer); WITNESSETH: WHEREAS, Owner intends to perform an improvement at the intersection of 8o`h Street North and Main Street (the Project); and, WHEREAS, Owner requires certain engineering services (the Services) in connection with the Project; and, WHEREAS, Engineer is prepared to provide the Services; NOW THEREFORE, in consideration of the promises contained in this Agreement, Owner and Engineer agree as follows: ARTICLE 1 -EFFECTIVE DATE The effective date of this Agreement shall be the ~,~,~_ day of TL~ , 1998. ARTICLE 2 -GOVERNING LAW This agreement shall be governed by the laws of the State of Oklahoma. ARTICLE 3 -SERVICES TO BE PERFORMED BY ENGINEER Engineer shall perform the Services described in Attachment A, Scope of Services. If construction phase services are included, the Engineer shall be the Owner's agent and representative with respect to all services of the Engineer that are required or authorized by the construction documents. ARTICLE 4 -COMPENSATION Owner shall pay Engineer in accordance with Attachment B, Compensation. ARTICLE 5 -OWNER'S RESPONSIBILITIES Owner shall be responsible for all matters described in Attachment C, Owner's Responsibilities and Special Conditions. H:\owa cy05\wplAgreement.wpd n i~ (3) Workers' Compensation Insurance in accordance with statutory requirements and Employer's liability Insurance, with a limit of 5500,000 for each occurrence. (4) Professional Liability Insurance, with a limit of 51,000,000 annual aggregate. ~ Engineer shall, upon written request, furnish Owner certificates of insurance which shall include a provision that such insurance shall not be canceled without at least ' thirty days' written notice to Owner. All Project contractors shall be required to include Owner and Engineer as additional insureds on their General Liability insurance policies, and shall be required to indemnify Owner and Engineer to the same extent. Engineer and Owner waive all rights against each other and their directors, officers, partners, commissioners, officials, agents, and employees for damages during and after the completion of the Services. If the Services result in a construction phase ~ of the project, a similar provision shall be incorporated into all construction phase contracts entered into by Owner and shall protect Owner and Engineer to the same extent. ARTICLE 9 -LIMITATIONS OF RESPONSIBILITY ' Engineer shall not be responsible for: (1) construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the ~, Project or (2) procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to Engineer in Attachment A, Scope of Services. ' ARTICLE 10 -LIMITATIONS OF RESPONSIBILITIES FOR ACTS OF OTHERS Provided that the Engineer has acted in good faith, Engineer shall not be liable to owner for breach of contract or for negligent error or omission in failing to detect, prevent or report the failure of any contractor, subcontractor, vendor, or other project participant to fulfill contractual or other responsibilities to the Owner, failure to furnish or construct the project in accordance with the plans and specifications, or failure to comply with federal, state, or local laws, ordinances, regulations, rules, codes, orders, criteria, or standards. ~ ARTICLE 11 -OPINIONS OF COST AND SCHEDULE .~ Since Engineer has no control over the cost of labor, materials, or equipment furnished by others, or over the resources provided by others to meet Project schedules, Engineer's opinion of probable costs and of Project schedules shall be made on the basis of experience and qualifications as a professional engineer. ~ Engineer does not guarantee that proposals, bids, or actual Project costs will not vary from Engineer's cost estimates or that actual schedules will not vary from Engineer's ' projected schedules. Engineer shall complete the services ~,rvithin the time frame ~ 3 ' epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses, or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either Owner or Engineer under this Agreement. ' Should such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party ' describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. ' ARTICLE 16 -COMMUNICATIONS Any communication required by this Agreement shall be made in writing to the address specified below: ' Engineer: FHC, Inc. 5416 South Yale, Suite 400 Tulsa, Oklahoma 74135-6242 Attention: Tony Dark, P.E., President Owner: City of Owasso Public Works Department P.O. Box 180 ~ Owasso, OK 74055 Attention: H. Dwayne Henderson, P.E. ' Capital Projects Manager Nothing contained in this Article shall be construed to restrict the transmission of ' routine communications between representatives of Engineer and Owner. ~, ARTICLE 17 -WAIVER A waiver by either Owner or Engineer of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party's rights with respect to any other or further breach. ARTICLE 18 - SEVERABILITY ' The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision ~ of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The y. parties further agree to amend this Agreement to replace any stricken provision with 5 ' ATTACHMENT A TO AGREEMENT FOR ENGINEERING SERVICES ' BETWEEN CITY OF OWASSO PUBLIC WORKS DEPARTMENT, OWNER AND ~ FHC, INC., ENGINEER FOR 86T" STREET NORTH & MAIN STREET ~ GRADING, DRAINAGE, SURFACING, & SIGNAL PLANS FAP NO. STP-172B(033)UR ~ STATE JOB NO. 17028(04) SCOPE OF SERVICES The following scope of services shall be made a part of the Agreement dated the 21sf day of ~, 1998. I. PROJECT UNDERSTANDING ~ It is FHC, Inc.'s understanding that the Owner will utilize available federal ,,, funds in combination with local funds in order to fund the construction of the previously completed design of 86~' Street North and Main Street roadway improvements. In order to obtain the additional funding, the completed construction drawings must be revised to incorporate Oklahoma Department ~ of Transportation's (ODOT) review comments and construction standards. The completed construction drawings were not previously required to be designed ' in accordance to ODOT standards and thus, must be revised. II. SCOPE OF PROJECT ~ The design shall consist of revising previously prepared construction drawings and contract documents for the grading, drainage, surfacing & signal improvements for 86`'' Street North & Main Street, in the Owner. ' This scope of the project is limited to the incorporation of revisions to the final design plan due to the comments provided by ODOT and the Owner. III. SCOPE OF SERVICES The scope of engineering services is broken down as follows: A-1 IV. ADDITIONAL SERVICES Upon written authorization, the Engineer will furnish or obtain from others additional services of the following type: A. Any additional comments from ODOT or the Owner not identified in Section III, 6.1. including but not limited to design changes and the bidding of alternate roadway surfaces. B. Conversion to metric units and metric design. C. Right-of-way acquisition assistance. D. Property surveys and assistance in the negotiations for land rights. E. Estimate of right-of-way costs based upon market research, but without contact with affected property owner. F. Assistance with public meetings. G. Assistance with construction administration and/or inspection. A-3 i~ A. Basic Engineering Services. For the basic engineering services performed under Article 3, monthly payments shall be made in proportion to services performed. B. Additional Engineering Services. For additional engineering services, monthly payments by the Owner shall be based on detailed invoices from Engineer for work completed. 6-2 ATTACHMENT D TO AGREEMENT FOR ENGINEERING SERVICES ' BETWEEN CITY OF OWASSO PUBLIC WORKS DEPARTMENT, OWNER AND "'~ FHC, INC., ENGINEER FOR 86T" STREET NORTH & MAIN STREET ~ GRADING, DRAINAGE, SURFACING, & SIGNAL PLANS FAP NO. STP-172B(033)UR ~ STATE JOB N0. 17028(04) RATE SCHEDULE The following hourly rates shall apply as described in Attachment B and shall be made apart of the Agreement dated the ?IS+day of ~_, 1998. (List effective January 1, 1998) ' I. PROFESSIONAL FEES BASED ON TIME The hourly rates set forth below include all salaries, benefits, overhead and other indirect costs including federal, state and local taxes, plus profit. ~ Principal 593.00 - 106.00 Project Manager 572.00 - 95.00 Project Engineer 557.00 - 75.00 Construction Services Technician 544.00 - 59.00 Engineer Intern 544.00 - 58.00 Engineering Technician 538.00 - 57.00 ' CAD Technician 530.00 - 46.00 Administrative 550.00 - 65.00 Clerical 524.00 - 44.00 ~ Resident Project Representative III 530.00 - 40.00 Resident Project Representative II 520.00 - 34.00 Resident Project Representative I 519.00 - 23.00 ~, Truck/Equipment Operator 520.00 - 28.00 Field Technician 2 514.00 - 23.00 ' Field Technician 1 51 1.00 - 15.00 1 D-1 ATTACHMENT E TO AGREEMENT FOR ENGINEERING SERVICES BETWEEN CITY OF OWASSO PUBLIC WORKS DEPARTMENT, OWNER AND FHC, INC., ENGINEER FOR 86T" STREET NORTH & MAIN STREET GRADING, DRAINAGE, SURFACING, & SIGNAL PLANS FAP NO. STP-172B(033)UR STATE JOB N0. 17028(04) The following schedule shall be made a part of the Agreement dated the ?_ Isf day of ~~~ / ~ 1998. The work shall be completed within the number of calendar days shown below for each activity following authorization to proceed or completion of the previous task as designated. The completion dates shown assume written authorization to proceed is received no later than August 1, 1998. 1 . Final Design August 1, 1998 2. ODOT/Owner Review September 1, 1998 3. Submit to City of Owasso October 1, 1998 Refer to Attachment E-1 for Preliminary Schedule i~ E-1 ' AMENDMENT NO. 1 _ TO '~ AGREEMENT ' FOR ENGINEERING SERVICES ' 86T" STREET NORTH AND MAIN STREET GRADING, DRAINAGE, SURFACING AND SIGNAL PLANS FAP NO. STP-172B(033)UR ~ STATE JOB NO. 17028(04) THIS AMENDMENT NO. 1, made and entered into this day of 1999, by and between the City of Owasso, hereinafter referred to as Owner, and FHC, Inc., hereinafter referred to as Engineer, said parties being the same who executed the original Agreement for Engineering Services, dated the 21St day ' of July 1998. WITNESSETH: WHEREAS, Owner has requested Engineer to pursue preparation of final construction ' plans for the water line, sanitary sewer, and intersection improvements at 86~' Street and Main; and WHEREAS, Owner requires additional professional services in connection with design of the Project; and WHEREAS, Engineer is prepared to provide such additional services; and NOW THEREFORE, Owner and Engineer agree to amend certain items of the original Agreement as follows: ~ The following particular subsections are added by subsection number. All other particulars stated by the original Agreement, and not specifically referenced by this Amendment No. 1, remain in effect and unchanged. file: h:\175401 \word~amend 1.doc B) To amend the services to be performed by the Engineer as described in Attachment B, Scope of Services. Item No. 7: Subsection I.A shall be replaced with the following: A. Basic Engineering Services. For basic engineering services performed under Article 3, the Owner will pay the Engineer a lump sum of $23,624. (C) To amend the services to be performed by the Engineer as described in Attachment E, Schedule. Item No. 8: The following shall replace the subsection: The work shall be completed within the number of calendar days shown below for each activity following authorization to proceed or completion of the previous task as designated. The completion dates shown assume a written authorization to proceed is received no later than August 16, 1999. 1. Begin Final Design August 16, 1999 2. Submit to Owner September 30, 1999 IN WITNESS WHEREOF, the Owner and Engineer have executed this Amendment No. 1 indicated by their signature below, said Amendment No. 1 being effective on the date stated above. Owner: City of Owasso .~ By Title ~ Date 1 3 Engineer: FHC, Inc. gy Title ¢~ f~,~.r r Date ry Page 2 Letter to Jeff Cowen on 86"`/Main February 17, 1999 2. Reduction of Pr~ect on Main Street: Because of the right-of--way problems we will have ' south of West 11~' Street on Main and because our long term plans is to convert Main Street to a boulevard, we are reducing the scope of the project. We need the plans to ,~, reflect these changes. a. Plan and Profile/Cross Section Sheets -Since the plan and profile sheets are not on a CAD program, crossing out the project south of West 11~' Street is acceptable on ,r Sheets 23 and 24. Please omit the cross section sheets south of West 11~' Street and renumber the remaining sheets as necessary. b. The north radius at East 11'~ Street and Main will need to be reduced to keep from relocating the monitoring well that is still in use by the Total Station. c. Tie the new sidewalks to the existing sidewalks. 3. Mountable Curb: Please provide for mountable curbs on the south side of 86`~ Street North from the Total Station to the end of the project at Dogwood. Please show these in the typical sections. 4. Right-of-Way Plan Changes: Make changes in the right-of-way plan to reflect the ' reduction of project on Main Street and the recent platting of the property on the southwest corner of 86"'/Main. Sixty (60')feet of right-of--way was given to the City at ~ that location. 5. Existing Topo rg aahv: We have tried to verify any new or removed topography from the project since the original plans were prepared and found several changes. We feel it would ,_ be in your best interest to double check the topography. a. Several signs listed by ODOT for removal need to be listed on the plans to be relocated by others. I have enclosed a list derived by ODOT within the last month. b. The 54" Storm Drainage running on the north side of 86`~ Street North from Main Street to the start of the project is shaded like it is new construction, but the notes for the drains indicate that it is existing. Please verify your intent on this portion of the project. 6. Cost Estimate- Please provide an updated cost estimate. ^ u u Page 4 Letter to Jeff Cowen on 86"'/Main February 17, 1999 18. Sheets 37-46 -Cross-Sections: Make minor changes and check quantities 19. Standard Details: Delete from Project. Save file for City of Owasso in AutoCad 14 format. We would like your company to also give us a breakdown of man-hours per specific sheet to make the corrections and a breakdown to prepare the utility relocation sepias. Please give us a schedule for completion, as well. Once the final plans are complete, your company is obligated under the first agreement amendment to provide final copies and originals to our office. The deliverables expected are the following: (1) Two (2) sets of 4 mil mylars for ODOT and the City of Owasso; (2) One (1) set of blue-line plans for the City of Owasso; and (3) Digitized copy of plans in AutoCad 13 or 14 format on CD-ROM to the City of Owasso. Please include all omitted sheets, as well After you have a chance to review the corrections needed, please send us a copy of your proposal. If you have any questions, please give me a call at 272-4959. Sincerely, OWAS O PUBLIC WO S DEPARTMENT 1K H. Dwayne Henderson, P.E. Capital Projects Manager cc: J. Jeff Hancock, City Manager F. Robert Carr, P.E., Public Works Director enclosures MEMORANDUM TO: HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: THERON WARLICK CITY PLANNER SUBJECT: FINAL PLAT AMENDMENT FAIRWAYS V AT BAILEY RANCH DATE: July 27, 1999 BACKGROUND The City of Owasso has received a request to amend the final plat for Fairways V at Bailey Ranch. Fairways V is a 16.34 acre development containing 71 lots and is located north of E 89`'' St. N (Larkin Bailey Blvd.), east of Mingo Road. The City Council approved the final plat for Fairways V in December 1998. The plat was approved with numeric street names in accordance with the Tulsa County addressing system. These street names are proposed to remain unchanged. As with other sections of the Fairways, the applicant proposes additional names. The proposed names are as follows: 1. "Sophia Ct." shall be added as an additional name for E 90`'' Ct. N, 2. "Shelly Avenue" shall be added as additional name for N 100` E Avenue. RECOMMENDATION Staff recommends approval of the fmal plat amendment for Fairways V. ATTACHMENTS 1. Final Plat for Fairways V, 2. Proposed Plat Amendment. C:\Owasso\PC\07-13-99\Plat Amend -Fairways V\PA - Fairways V memo.doc AMENDMENT TO FAIRWAYS V ADDITION TO THE CITY OF OWASSO TULSA COUNTY, OKLAHOMA ^ This amendment to the plat of FAIRWAYS V is made this -day of July, 1999, by Kourtis Properties, LLC, owner of all lots in FAIRWAYS V, an addition to the City of Owasso, Tulsa County, Oklahoma, according to the recorded plat thereof, to-wit: Owner ots Kourtis Properties, LLC 1 thru 71 a Whereas, it is the desire of the above named owner to amend the plat of FAIRWAYS V, Plat #5356, dated Apri130, 1999 and filed for record in the office of the County Clerk of Tulsa County, State of Oklahoma on May 3, 1999, as it affects the whole addition. ' _ NOW, THEREFORE, the undersigned does hereby amend and modify the Plat of Fairways V as set forth herEin below: 1. The name 'Sophia Ct.' shall be added as an additional designation for E. 90 Ct. N. 2. The name 'Shelley Avenue' shall be added as an additional designation for N. 100 E. Ave. The undersigned, as owner of ail affected lots, does hereby ratify and incorporate by reference, and reaffirm all parts of the Plat and Deed of Dedication and Restrictive Covenants which are not amended hereby and which are consistent herewith. This Amendment shall be effective from the date hereof, and shall be enforceable to the same extent in the same manner as ff originally set forth fully in thq original Plat and Deed of Dedication of the FAIRWAYS V. IN WITHNESS WHEREOF, the parties hereto h used this Amendment to be executed the day and year first above written. Kourtis Properties, L ~~~ . BY: Pete Kourtis Member Manager STATE OF OKLAHOMA ) ss. COUNTY OF TULSA ) Before me, the undersigned Notary Public in and for said county and state, on this day of 1999 personally appeared ,the President of Kourtis Properties, LLC, and to me known to be the identical person who executed the foregoing instrument and acknowledged to me that he executed the same as his free and voluntary act and deed of such corporation for the uses and purposes therein set forth. GIVEN under my hand and seal of office the day and year first above written. Notary Public My Commission Expires: II MEMORANDUM TO: FROM: SUBJECT: DATE: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO MARCIA BOUTWELL CITY CLERK DISCLAIMER OF INTEREST IN CASE RELATING TO CONDEMNATION PROCEEDINGS July 29, 1999 BACKGROUND: This agenda item relates to a legal action originally taken by the state of Oklahoma (Department of Transportation) in July 1996 against the Osage Railroad Company. The action is to acquire property to construct or maintain state transportation system facilities. The City Attorney has reviewed the matter and can find no interest of the City of Owasso in and to any real property located in Osage County, Oklahoma. Therefore, Mr Cates has requested that the matter be placed on a City Council agenda for authorization to prepare a "Disclaimer of Interest" to be filed on behalf of the City as a recommended course of action. RECOMMENDATION: The staff recommends the Council take action to authorize the City Attorney to file a disclaimer in the matter of Monte E Gondles Jr, et al vs Osage Railroad Company, et al.