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Home My WebLink About2002.04.16_City Council Minutes (2) A. Approval of Minutes of the April 2, 2002 Regular Meeting and April 9, 2002 Special Meeting. ITEM 6: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROVAL OF THE CONSENT AGENDA. Dan Salts and Kenny Yount presented plaques to the following groups and business for their support of the fund drive following the September 11 th tragedy: City Council, City of Owasso, Police Department, Fire Department, Sav-On Printing, Thrifty Car Rental, Office Depot, and Hooters Restaurant. ITEM 5: SPECIAL PRESENTATION FROM FIREFIGHTERS AND POLICE. A quorum was declared present. STAFF Rodney J Ray, City Manager Ronald D Cates, City Attorney Marcia Boutwell, City Clerk ABSENT Will Williams, Councilor - 12/7 PRESENT Mary Lou Barnhouse, Mayor - 18/1 Randy Brogdon, Vice Mayor - 18/1 Rebecca Armstrong, Councilor - 18/1 Michael Helm, Councilor - 18/1 ITEM 4: ROLL CALL Mayor Barnhouse led in the flag salute. ITEM 3: FLAG SALUTE Public Works Director Robert Carr offered the invocation. ITEM 2: INVOCATION meeting to order at The Owasso City Council met in regular session on Tuesday, April 1 2002 in the Council Chambers at the Owasso Community Center per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 4:00 on Friday, April 2002. OW ASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, April 16, 2002 - 2 - Ms Bishop introduced Mr Frank Crawford, who presented the audit report. There were no problems with the audit, and Ms Armstrong moved, seconded by Mr Helm, to receive the audit for review and information. ITEM 7: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE PRESENTATION OF AN INDEPENDENT AUDIT OF FINANCIAL TRANSACTIONS FOR THE GENERAL FUND AND OTHER FUNDS FOR FY 2002-2001, AND A REQUEST FOR THE COUNCIL TO RECEIVE THE AUDIT REPORT. Motion carried 4-0. A YE: Armstrong, Helm, Brogdon, Barnhouse NAY: None The consent agenda included minutes of the April 2, 2002 Regular Meeting and April 9, 2002 Special Meeting, by reference made a part hereto. Item B on the consent agenda included the following claims: (1) General Fund $51,964.75; (2) Ambulance Service Fund $1,505.09; (3) E- 911 Fund $2,036.14; (4) Capital Improvements Fund $1,778.00; (5) CityHall/Police Dept Fund $28,024.56; (6) City Garage Fund $9,951.47; (7) Workers Comp Fund $2,163.83; (8) Pleasant View Sewer Fund $1,650.00; (9) Interfund Transfers $6,763.65; (10) Inter-fund Transfers $16,416.66; (11) Payroll $191,896.76; (12) City Garage Payroll $5,268.33; (13) Ambulance Payroll $13,629.39; (14) E-911 Payroll $888.29; (15) Workers Comp Payroll $298.24. Item C requested acceptance of the water and sanitary sewer systems constructed to serve Honey Creek, Phase Litem D requested acceptance of the sanitary sewer interceptor constructed to serve Tulsa Technology Center. Item E requested a one-year extension of a contract with Crawford & Associates for auditing services for the fiscal year ending June 30, 2002. Ms Armstrong moved, seconded by Mr Helm, to approve the consent agenda. fOf Relating to or me 1::'Xl:enSlOn or a Services fOf FY 2001-2002. to D. ~ ilie C. Action Relating to Acceptance of the Water and Sanitary Sewef Systems Constructed to Serve Honey Creek, Phase I, an Addition to the City of Owasso, Tulsa County, Oklahoma. B. Approval of Claims. April 16,2002 Owasso City Council - 3 - Motion carried 3-1. AYE: Helm, Brogdon, Barnhouse NA Y: Armstrong Mr Ewing presented the item. The Village of Silver Creek is a 16.63-acre, 62-lot subdivision located north of E 86th St N and west of N 145th East Ave. It is zoned PUD, with RS-2 underlying zoning. The Planning Commission and Technical Advisory Committee have reviewed the plat and both bodies recommended approval. Prior to the Mayor signing the plat, the $16 per acre siren fee, totaling $266.08, and the $1580 per acre Elm Creek Sanitary Sewer Interceptor Payback assessment, totaling $26,275.40 must be paid. Mr Helm moved, seconded by Mr Brogdon, to approve the final plat for The Village of Silver Creek. ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF A FINAL PLAT FOR THE VILLAGE OF SILVER CREEK, AN ADDITION TO THE CITY OF OW ASSO, TULSA COUNTY~STATE OF OKLAHOMA. Motion carried 4-0. A YE: Armstrong, Helm, Brogdon, Barnhouse NAY: None Ms Bishop said that the Bond Projects Flll1d is used to account for the use of the proceeds of the 1998 Revenue Bonds and the Sales Tax Capital Future Fund as approved by the citizens in an October 1997 election. The original budget was approved by the City Council in 1998. The project-length budget has been amended each years and contracts are approved and additional sales tax funds become available; however, they were not fe-approved as part of the fiscal 2001- 2002 budget. Staff requested approval of the Current Fiscal Year Budget Authorization for the Bond Project Fund containing a beginning fund balance of $3,966,316, revenues of $52,684, and expenditures of $4,019,000. Ms Armstrong moved, seconded by Mr Helm, to approve the Bond Project Fund Budget. PROJECTS FUND. alldito we had a work Motion AYE: Armstrong, Helm, Brogdon, Barnhouse NAY: None April 16, 2002 Owasso City Council - 4 - Motion carried 4-0. AYE: Armstrong, Helm, Brogdon, Barnhouse NA Y: None Mr Ewing presented the request from the applicant to abandon the easterly 15 acres of OPUD- 01-01, approved by the City Council on February 6, 2001. Since that time, no subdivision has been processed. The property was rezoned in May 2001, with that portion zoned IL (Industrial Light). The applicant wants to rezone the area to RS-3, but that portion of the PUD must first be abandoned. Once that has been accomplished, the RS-3 zoning can be approved. Ms Armstrong moved, seconded by Mr Brogdon, to approve the abandonment of the I5-acre industrial tract on the east side of OPUD-OI-0l, leaving the remaining 11 acres in the PUD. ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST TO P ARTIALL Y ABANDON A PUD, LOCA TED AT THE SOUTHEAST CORNER OF EAST 1 16TH STREET NORTH AND NORTH MINGO ROAD, AND APPROVED BY THE CITY COUNCIL IN 2001. Motion carried 4-0. AYE: Helm, Brogdon, Armstrong, Barnhouse . NA Y: None said that the the Nazarene approval a final plat the Church of the a one-lot subdivision located north of E 86th N and west of N 14Sth Ave. The subject property is (Office Medium), and a church is an approved use that zoning district Utilities will be extended to the church by the developer of Silver Creek A $ per acre siren fee, totaling $71.36, and a $1580 acre Elm Creek Sanitary Sewer Interceptor Payback assessment, totaling $7046.80, will be assessed prior to the Mayor signing the plat. The Planning Commission and Technical Advisory Committee have both reviewed the plat and recommend approval. Mr Helm moved, seconded by Mr Brogdon, to approve the final plat for Silver Creek Church of the Nazarene. ITEM 10:.. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF A FINAL PLAT FOR SILVER CREEK CHURCH OF THE NAZARENE, AN ADDITION ~TO THE C1:TY O~ TULSA COUNTY, STATE OF OKLAHOMA. April 16, 2002 Owasso City Council ~ 5 - 4. The applicant's Outline Development Plan and Text shall be filed of record in the office of the Tulsa County Clerk and two recorded copies provided to the City Planner prior to the processing of any final plat associated with the PUD. 3. Detailed covenants and restrictions incorporation all conditions of the PUD and governing the unified design and function of the PUD shall be required at the time of final platting. 2. Acceleration/deceleration lanes shall be required at all access points along arterial and service roads. 1. Sidewalks along the perimeter of the development, except at those locations where the future business will actually front the arterial or service road, sidewalks shall be installed at the time of development. All other sidewalks shall be installed at the time of site construction. Mr Ewing presented the item, Garrett Creek Home Sites LLC has requested approval of a PUD containing 126.05 acres, and located on the south side ofE 116th St N between N 129th East Ave and u.s. Highway 169. The Planning Commission has reviewed the proposed PUD and recommended approval with the following items to be incorporated into the PUD text prior to recording: ITEM 13: CONSIDERATION AND APPROPRIATE ACTION RELATING TO OPUD-02-02, A REQUEST FOR_CQUNCJL__APPROV ~L~QEu A PLANNED UNIT DEVELOPMENT. Motion carried 4-0. AYE: Helm, Brogdon, Armstrong, Barnhouse NAY: None requested approval a rezoning on acres E 116111 N between N 129th East and Highway 169, from AG <Agriculture) to .05 acres of RS-3 (Residential Single Family High Intensity) and 16.46 acres of CS (Commercial Shopping Center), leaving 86.54 acres AGo The Planning Commission has conducted a hearing on the request and recommended approval. M Helm moved, .seconded by Mr Brogdon, to approve the requested rezoning. April 16, 2002 Owasso City Council - 6 - Motion carried 4-0. AYE: Helm, Brogdon, Armstrong, Barnhouse NA Y: None Mr Helm moved, seconded by Mr Brogdon, to approve the requested Planned Unit Development. 15. The Planning Commission reserves the right to prescribe additional buffering, screening and setbacks during the platting process. 14. Area markers, including associated landscaping and lighting, shall be submitted to, and approved by, the Owasso Planning Commission as required by the Sign Ordinance. 13. Detailed landscape plans for individual sites shall be submitted at the time of site plan reView. 12. No building permit shall be issued within any portion of the PUD until all criteria outlined within Chapter 8 ofthe Owasso Subdivision Regulations are met by the developer. 11. All covenants of any subdivision plat containing property within the PUD shall incorporate all PUD standards and conditions of approval and make the City of Owasso beneficiary. 1 A detailed, certified drainage report shall be submitted to, and approved by, the Public Works Department prior to Planning Commission review of a final plat. 9. All conditions imposed by the Owasso Technical Advisory Committee for subdivision plat approval shall be met as conditions of the PUD. 8. Unless specifically set out the standards and conditions of this PUD, apartment development shall meet the requirements of the RM-l (Residential Multi-Family Low Intensity) district Unless specifically set standards development shall meet of the (Residential district. 6. Unless specifically set out in the standards and conditions of this PUD, residential development shall meet all the requirements of the (Residential Single..Family High Intensity) district . 5. Unless specifically set out in the standards and conditions of this PUD, commercial development shall meet all requirements of the CS (Commercial Shopping) district. April 16, 2002 Owasso City Council - 7 - None. ITEM 19: NEW BUSINESS. No report. ITEM 18: REPORT FROM CITY COUNCILORS. No report. ITEM 17: REPORT FROM CITY ATTORNEY. Mr Ray reminded everyone of the reception following the May 7th council meeting, honoring the retiring councilors, the newly-seated councilors, and the new Mayor and Vice Mayor. ITEM 16: REPORT FROM CITY MANAGER Mr Tom Schick, representing the Owasso Round-Up Club, was present and thanked the Council for their decision. Motion carried 4-0. AYE: Brogdon, Helm, Armstrong, Barnhouse NAY: None Mr Ray presented the item. The City Council declare the fire truck surplus to the needs of the Chy of February 19,2002, and authorized the sale ofthe vehicle on E-Bay. A minimum bid was also set. Since that time, staff has leamed that the Owasso Round-Up Club would be able to utilize the truck to water the rodeo grounds. Although the City may not donate to any group, the sale of surplus equipment for a nominal amount is not prohibited, and staff believes it would be in the best interest of the city to sell the truck to the Round-Up Club for a nominal amount of $1 0 instead of auctioning in on E-Bay. Mr Brogdon moved, seconded by Mr Helm, to authorize the sale of the 1965 Ford 600 Fire Truck to the Owasso Round-Up Club for the sum of$lO. was ITEMJ4: CONSIDERATION AND APPROPRIATE ACTION RELATING TO DETERMINA nON OF A SOLE SOURCE. FOR MAINTENANCE _ TO THE HEATING AND AIR CONDITIONING SYSTEM F~IHE CITY HALL FACILITY,ANQ AWARD OF A CONTRACT FORSAMR April 16, 2002 Owasso City Council - 8 - Marcia Boutwell, City Clerk Mary Lou Barnhouse, Mayor was aalOumea at AYE: Helm, Armstrong, Brogdon, Bamhouse NA Y: None Mr Helm moved, seconded by Ms Armstrong, to adjourn. ITEM 20: ADJOURNMENT April 16, 2002 Owasso City Council Marcia Boutwell, City Clerk Mary Lou Barnhouse, Mayor Motion carried 3-0, and the meeting was adjourned at 9:01 p.m. AYE: Armstrong, Brogdon, Barnhouse NAY: None Ms Armstrong moved, seconded by Mr Brogdon to adjourn. ITEM 6: ADJOURNMENT The FY 2002-2003 budget was discussed at length. Mr Ray & Ms Bishop are still working on a final budget to be presented to the Council and at a public hearing. ITEM 4: DISCUSSION RELATING TO FY 2002-2003 BUDGET. Mr Ray presented projects listed for action, and discussed with the Council priorities of the various projects. ITEM 3: DISCUSSION RELATING TO PROJECT PRIORITIES. Mr Ray discussed the status of labor negotiations. ITEM 2: DISCUSSION RELATING_TQ_LABOR NEGOTIATIONS. Also present were Councilor-Elect Cochran and Councilor..Elect Kimball, A quorum was declared present. STAFF Rodney J Ray, City Manager Will Williams, Councilor - 12/8 Michael Helm, Councilor - 18/2 Mary Lou Barnhouse, Mayor - 19/1 Randy Brogdon, Vice Mayor - 19/1 Rebecca Armstrong, Councilor - 19/1 at to The Owasso City Council met in special session on Tuesday, April 23, 2002 in the Main Conference Room at Owasso City Hall per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 2:30 p.m. on Friday, April 1 2002. OW ASSO CITY COUNCIL MINUTES OF SPECIAL MEETING Tuesday, April 23, 2002 821.80 4,902.47 120.00 50.00 77.11 20.56 51.80 28.45 26.97 292.50 1.98 6.15 25.75 5,267.53 238.29 542.50 243.00 195.00 175.00 925.73 53.60 12.45 310.00 205.00 306.80 194.87 117.96 100.00 11.39 299.00 298.00 38.66 305.90 20.50 23.45 48.95 36.12 10.49 57.93 1,938.63 32.62 275.00 1,093.00 120.00 AMOUNT J:LE;PT TOJ1,,-L FUND TQJ1"-L 50.00 OFFICE SUPPLIES OFFICE SUPPLIES SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES COPIER MAINT FILM PROCESSING OFFICE SUPPLIES MAT SERVICES POST ELECTION EXPENSES 03/02 USE REPAIR SECURE ACCESS DOORS FIRE EXTINGUISHER CLEANING SERVICE PO BOX RENTAL PHONE SERVICE POSTAGE POSTAGE PRINTER TONER AUDIT SERVICES OFFICE CHAIR FINANCE DEPT CITY MGR EXPENSES CITY MGR EXPENSES PRINTER TONER OFFICE SUPPLIES ANNUAL MEMBERSHIP DUES REFERENCEMA TERIAL FUEL PRINTING MILEAGE-GRIMES COUNCIL WORK SESSION COUNCIL MEETING FILM PROCESSING MAl NT SUPPLIES CITY HALL OPENING BUILDING FURNISHING EMPLOYEE APPRECIATION TENT RENTAL COMPUTER-BOUTWELL MANAGERIAL DEPT OFFICE DEPOT ETTINGERS OFFICE SUPPLY JAVA DAVES OFFICE DEPOT INC TREASURER PETTY CASH WESTERN BUSINESS REASORS ETTINGERS OFFICE SUPPLY CINTAS CORPORATION TULSA COUNTY OKLAHOMA NATURAL GAS ADT SECURITY SERVICES ACCURATE FIRE EQUIPMENT NATIONAL POWER WASH TREASURER PETTY CASH SOUTHWESTERN BELL FEDEX TREASURER PETTY CASH ALL COPY SUPPLIES CRAWFORD & ASSOCIATES L & M OFFICE FURNITURE TREASURER PETTY CASH TREASURER PETTY CASH ALL COPY SUPPLIES OFFICE DEPOT INC IPMA THOMPSON PUBLISHING FUELMAN SAV-ON PRINTING INC. TREASURER PETTY CASH ALBERTSONS TREASURER PETTY CASH REASORS L.OWE'S COMPANIES INC AL.BERTSONS COUNTRYSIDE FLOWERS WAL.-MART TREASURER PETTY CASH DELL BAILIFF DUTIES MUNICIPAL. COURT DEPT DEPOSIT REFUND REFUND DE;JAIL DESCRIPTION MATT BAIL.EY TREASURER PETTY CASH ~blDORS NAMJ;, CITY OF OWASSO CLAIMS TO BE PAID 5/07/02 AMOUNT DEPTTOTAl E.U.ti.D TOT ~.L 9.00 58.25 495.75 20.00 20.00 2'7.00 '1.99 4,683.00 700.00 716.33 757.90 =,= 42,673.59 100.00 2.50 23.88 9.00 43.68 4.00 6.00 165.99 450.00 55.46 22.25 161.15 29.65 3,016.25 4,089.81 47.88 70.28 94.32 75.92 268.00 37.08 ~ 593.48 138.39 45.98 149.52 3,599.00 3,932.89 139.49 116.21 15.38 31.15 71.70 503.49 39.30 23.61 64.76 466.67 OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES REPAIR/MAINT SUPPLIES PHONE MAINT SUPPLIES UNIFORM RENTAL UNIFORM RENTAL FUEL ETTINGERS OFFICE SUPPLY OFFICE DEPOT INC OFFICE DEPOT INC ETTINGERS OFFICE SUPPLY WW GRAINGER INC OFFICE DEPOT INC LOWES COMPANIES INC UNIFIRST CORPORATION UNIFIRST CORPORATION FUElMAN OFFICE DEPOT LAPTOP CARRYING CASES OFFICE DEPOT OFFICE SUPPLIES SITE SERVER NETWORK WEB HOSTING SERVICE NEW HORIZONS COMPUTER TRAINING-WILLSON INFORMATIONS SYSTEMS DEPT OFFICE SUPPLIES SURVEY SUPPLIES OFFICE SUPPLIES FUEL CAD TECH SUPPORT 03/02 USE ENGINEERING DEPT WAL-MART MAXWELL SUPPLY RIDGWAYS FUELMAN DL T SOLUTIONS METROCALl PRINTER TONER FILM PROCESSING BLUEPRINT COPIES VHS TAPES UNIFORM RENTAL/CLEANING VEHICLE WASH VEHICLE WASH FUEL INSPECTION SERVICES MilEAGE 03/02 USE TRAINING-MCCORD/DEMPSTER SUBSCRIPTION INCOG DUES COMMUNITY DEVELOPMENT DEPT ALL COpy SUPPLIES REASORS MAILBOXES ETC TREASURER PETTY CASH UNIFIRST CORPORATION TREASURER PETTY CASH TREASURER PETTY CASH FUELMAN BURR KANNADY BURR KANNADY METROCALL TREASURER PETTY CASH OWASSO REPORTER INCOG TREASURER PETTY CASH POSTAGE WW GRAINGER INC WASTE CAN INCOG FOURTH aTR ASSESSMENT TREASURER PETTY CASH LICENSE FEES TREASURER PETTY CASH LICENSE TAGS TREASURER PETTY CASH LICENSE TAGS CROW BURliNGAME REPAIR PAR.TS FORREST SHOEMAKER INC SOFTWAREfTRAINING-HVAC SYS. ADT SECURITY SERVICES INSTALLATION DAVIS CONST. CONCRETE OIL CAPITAL ELECTRIC ELECTRICAL INSTALLATION GENERAL GOVERNMENT DEPT DETAil DESCRIPTION YJiliQQ..RS NAME VENDORS NAME. DETAIL DESCRIPTION AMOUNT DEPT TOT At" FUND TOTAL RED LEE INC JANITORIAL SERVICES 1,572.80 8 8. J ELECTRONICS REPAIR SERVICES 110.00 TREASURER PETTY CASH DOC LUNCHES 63.15 METROCALL 03/02 USE 14.82 US CELLULAR CELL PHONE USE 65.24 SUPPORT SERVICES DEPT 3,297.77 BILL BASORE TRUCKING FILL DIRT 400.00 ESTESINC CHEMICALS 415.99 CEMETERY DEPT 815.99 OFFICE DEPOT OFFICE SUPPLIES 9.94 XPEDX COpy PAPER 157.50 OFFICE DEPOT INC OFFICE SUPPLIES 382.39 OFFICE DEPOT FRAMES/EASEL PADS 56.93 MAILBOXES ETC BLUEPRINT COPIES 31.84 DEPT OF PUBLIC SAFETY REFERENCE MATERIAL 187.50 WEST GROUP STATE STATUTES 2001 210.00 WESTERN BUSINESS COPIER MAINT 60.00 WAL-MART REPAIR/MAINT SUPPLIES 318.48 REASORS FILM PROCESSING/MAINT SUPPLI 74.67 THREE LAKES LAUNDRY BUNDLE LAUNDRY 90.45 LYNN PEAVEY CO EVIDENCE COLLECTION SUPPLIES 69.05 OFFICE DEPOT COMPUTER EQUIPMENT 139.96 SIRCHIE FINGER PRINT EVIDENCE COLLECTION SUPPLIES 95.69 CRUISER TECH HALOGEN BULBS 44.75 SAMS CLUB MAl NT SUPPLIES 57.96 PATROL TECHNOLOGY UNIFORM PANTS/SHIRT 295.00 PATROL TECHNOLOGY UNIFORM PANTS 62.00 POLICE PETTY CASH GLOVES 19.37 FUELMAN FUEL 1 ,567~89 TOTAL RADIO INC RADIO REPAIR 255.02 OKLAHOMA NATURAL GAS 03/02 USE 33.29 TOTAL RADIO INC RADIO REPAIR 715.42 METROCALL 03/02 USE 81.56 US CELLULAR PHONE USE CHIEF 30.63 US CELLULAR PHONE USE SUPERVISORS/DET. 292.92 SOUTHWESTERN BELL PHONE SERVICE 925.74 POLICE PETTY CASH POSTAGE 15.37 POLICE DYNAMICS TRAINING VIDEO 405.50 OK ASSN OF CHIEFS POLICE TESTING MATERIALS 441.83 POLICE PETTY CASH PARKING FEES 6.00 IACP MEMBERSHIP DUES 100.00 ETTINGERS OFFICE SUPPLY OFFICE SUPPLIES 223.30 L & M OFFICE FURNITURE FILE CABINETS 533.00 POLICE DEPT 7,990.95 CDW GOVERNMENT INC SOFTWARE 99.49 WAL-MART PRISONER MEALS 68.33 DEPT OF PUBLIC SAFETY OLETS RENTAL 350.00 METROCALL 03/02 USE 7.42 POLICE COMMUNICATIONS DEPT 525.24 2,651.32 'j ,229.83 25.13 12.01 114.56 98.06 7.64 252.00 32.01 91.73 24.60 577.50 126.00 9.95 55.00 99.35 2.75 99.00 23.57 96.00 34.93 125.40 321.18 23.90 28.49 109.10 151.41 30.84 83.00 141.73 64.00 31.23 693.50 275.00 605.80 115.03 148.94 51.05 72.20 50.00 74.55 38.45 15.00 68.72 171.75 321.21 2.09 19.33 50.83 391.90 76.00 6MOUNT Illli..J:.QI81 FUND TOTAL REPAIR PARTS REPAIRlMAINT SUPPLIES ASPHALT TOOLS REPAIR PART CONCRETE POTHOLE SEALANT REPAIR SUPPLIES ASPHALT ASPHALT CONCRETE EQUIP RENTAL SOD MAINT SUPPLIES MAINT SUPPLIES MATERIALS REPAIR SUPPLIES SAFETY BOOTS-ROBERTS SAFETY SUPPLIES UNIFORM RENTAL EQUIP RENTAL REPAIRlMAINT SUPPLIES OFFICE SUPPLIES REPAIRlMAINT SUPPLIES MAINT SUPPLIES MAINT SUPPLIES PROTECTIVE CLOTHING REPAIR UNIFORM BOOTS-DEMAURO UNIFORM PANTS-DEMAURO REPAIR PARTS FUEL PROFESSIONAL SERVICES 03/02 USE PHONE U:')E-ALLEN COPIER RENTAUMAINTENANCE SUPPLIES/SERVICE TRAINING MATERIALS MEMBERSHIP DUES-ALLEN FIRE DEPT CROW BURLINGAME KIMBALL ACE HARDWARE APAC LOWE'S COMPANIES INC BAILEY EQUIPMENT SUPERIOR READY MIX KOCH MATERIALS CO MAXWELL SUPPLY A&A MATERIALS COMPANY LOGAN COUNTY ASPHALT SUPERIOR READY MIX EQUIPMENT ONE INC BROWN FARMS SOD BAILEY EQUIPMENT SAMS CLUB CHANDLER MATERIALS TREASURER PETTY CASH THOMPSON'S GENERAL STORE GEORGE & GEORGE SAFETY UNIFIRST CORPORATION UNITED RENTALS ROARK TRUE VALUE OFFICE DEPOT INC WAL-MART EVEINC KIMBALL ACE HARDWARE CASCO INDUSTRIES INC GELlCO SAFETY SHOES DRYS DALES CROW BURLINGAME FUELMAN CHERI A BUSCHMANN OKLAHOMA NATURAL GAS AT&T WIRELESS SERVICE BMI SYSTEMS OF TULSA 8MI SYSTEMS OF TULSA NATIONAL FIRE PROTECT TULSA AREA FIREFIGHTERS VET SUPPLIES SHELTER SUPPLIES VET SUPPLIES CLEANING/OFFICE SUPPLIES REPAIRlMAINT SUPPLIES SHELTER SUPPLIES VET SERVICES HOSE CLAMPS FUEL VET SERVICES EUTHANASIA SERVICES ANIMAL CONTROL DEPT DETAIL DESCRIPTION PAWS DEPOT SOUTHERN AGRICULTURE STRATHE VETERINARY WAL-MART SAMS CLUB THOMPSON'S GENERAL STORE POLICE PETTY CASH LOWE'S COMPANIES INC FUELMAN STRATHE VETEHINAHY CITY OF TULSA '1ENDORS NAME 75.00 4,232.68 85,033.23 953.54 75.00 633.35 109.04 217.06 247.00 7.65 173.03 2,594.56 87.99 63.00 100.00 881.00 9,503.55 AMOUNT DEPT TOTAL FUND TOrAL 52.50 52.87 36.17 376.14 435.86 75.50 64.80 150.04 36.93 225.00 12.50 256.57 29.67 29.99 12.00 9.06 5.00 8.00 673.41 129.99 60.00 114.00 7.20 12.58 22.46 1,151.58 65.00 239.12 37.08 370.25 4,313.27 21.28 MARY JO WICHERS TOBACCO PROGRAM-04/02 JUVENILE COURT FUND PSI PHARMACEUTICAL AMBULANCE SUPPLIES PSI PHARMACEUTICAL AMBULANCE SUPPLIES ALLIANCE MEDICAL INC AMBULANCE SUPPLIES PACE PRODUCTS AMBULANCE SUPPLIES CROW BURLINGAME REPAIR PARTS OWASSO AUTO CARE VEHICLE MAINT MEDICLAIMS INC MONTHLY FEE-MARCH AT&T WIRELESS SERVICE PHONE USE-OTHERS TULSA TECHNOLOGY TRAINING-MARLAR TREASURER PETTY CASH TEST FEE-PEACOCK AMBULANCE SERVICE FUND XPEDX COPY PAPER OFFICE DEPOT INC OFFICE SUPPLIES FUELMAN FUEL DALE & LEES SERVICE FURNACE CHECK OKLAHOMA NATURAL GAS 03/02 USE COMMUNITY CENTER DEPT GENERAL FUND TOTAL REPAIRlMAINT PARTS UNIFORM CLEANING-PARKS FUEL SECURITY MONITORING RESTROOM CLEANING MCCARTY PARK WATER USAGE 03/02 USE 03/02 USE PHONE USE-WARREN PARKS DPEPT REPAIR PARTS REPAIR PARTS VEHICLE WASH VEHICLE WASH FUEL SANDBLASTER HEP B VACCiNATION EASEMENT MOWINGS REPAIR PARTS REPAIR PART REPAIR SUPPLIES SIGNALIZATION EQUIP RENTAL EQUIP RENTAL 03/02 USE TRAFFIC MARKING MATERIAL SNOW PLOW HYDRAULICS PUMP STREETS DEPT DETAIL DESCRIPTION BAILEY EQUIPMENT UNIFIRST CORPORATION FUELMAN ADT SECURITY SERVICES JOANI R FREEMAN WASHINGTON CO RURAL OKLAHOMA NATURAL GAS METROCALL AT&T WIRELESS SERVICE TREASURER PETrY CASH TREASURER PETrY CASH TREASURER PETrY CASH TREASURER PETrY CASH FUELMAN HARBOR FREIGHT TOOLS WARREN CLINIC K ARMST J B STIGALL TREASURER PETrY CASH WW GRAINGER INC WW GRAINGER INC SIGNAL TEK INC KIRBY & SMITH EQUIPMENT ONE INC METROCALL UNITED RENTALS ALL WHEEL DRIVE ENLOW TRACTOR INC VENDORS NAME. CH2M HILL INC ENGINEERING SERVICES 5-26-98 27,810.00 KBM CONSTRUCTiON INC STRUCTURAL STEEL 6/6/00 1,000.00 ARROW EXTERMINATORS TERMITE TREATMENT 6/6/00 365.00 FHC INC PROFESSIONAL SERVICES 965.63 === BOND PROJECTS FUND 30,140.63 ETTINGERS OFFICE SUPPLY OFFICE SUPPLIES 164.68 SAMS CLUB CLEANING SUPPLIES 63.88 OFFICE DEPOT INC OFFICE SUPPLIES 3.22 OFFICE DEPOT INC OFFICE SUPPLIES 50.14 SAMS CLUB MAINT SUPPLIES 79.68 UNIFIRST CORPORATION UNIFORM RENTAL 97.14 UNIFiRST CORPORATION UNIFORM RENTAL 15.74 FUELMAN FUEL 60.71 TULSA NEW HOLLANO INC REPAIR PARTS 123.72 O'REILLY AUTOMOTIVE REPAIR PARTS 880.22 B &. M OIL COMPANY INC OIL-LUBRICANTS 398.01 AMERICAN HOSE & SUPPLY REPAIR PARTS 450.85 FORD OF TULSA REPAIR PARTS 62.38 AMERICAN HOSE & SUPPLY REPAIR PARTS 342.20 BAILEY EQUIPMENT MOWER REPAIR 108.33 B &. M OIL COMPANY INC OIL-LUBRICANTS 351.00 LESTER'S GEAR REPAIR SUPPLIES 538.45 WILLIAMS REFUSE EQUIP REPAIR PARTS 1,081.54 ENLOW TRACTOR INC REPAIR PARTS 306.93 TULSA NEW HOLLAND INC REPAIR PARTS 51.98 STEVES ELECTRONIC SVS REPAIR PARTS 70.85 O'REILLY AUTOMOTIVE REPAIR PARTS 259.97 OKLAHOMA NATURAL GAS 03/02 USE 249.25 METROCALL 03/02 USE 22.24 US CELLULAR CELL PHONE USE 34.56 TREASURER PETTY CASH PER DIEM-MOODY/SMITH 105.00 RADIATOR SHOPPE INC REPAIR PARTS 65.00 LENOX WRECKER SERVICE TOWING FEE 95.50 PRECISION FLUID POWER VEHICLE REPAIR 208.75 JIM LANGS UPHOLSTERY REPAIR SERVICES 130.00 CITY GARAGE FUND 6,471.92 FELDMAN, FRAN DEN, WOODARD, S01139 FARRIS & TAYLOR 296.00 FELDMAN, FRAN DEN, WOODARD, M03151 FARRIS & TAYLOR 224.00 FELDMAN, FRANDEN, WOODARD, C01150 FARRIS & TAYLOR 128.00 PPO SOLUTIONS MEDICAL REVIEW FEES 39.17 UNITED SAFETY & CLAIM RISK MGMT-11/01-06/02 1,417.67 WORKMED OCCUPATIONAL B02042 148.64 WORKMED OCCUPATIONAL G02192 32.91 2,196.00 2,196.00 LAPTOPS CAPITAL IMPROVEMENTS FUND DELL AMOUNT DEPT TOTAL FUND TOTAL DETAIL DESCRIPTION VENDORS NAME CITY OF OWASSO fUND GRAND TOTAL 6,596.71 '184.66 307.37 282.63 435.83 45.57 158.37 45.51 1,932.00 803.44 99.08 15.80 WORKMED OCCUPATIONAL P02192 WORKMED OCCUPATIONAL M01312 WORKMED OCCUPATIONAL P01312 HIL.LCREST MEDICAL H01262 WORKMED OCCUPATIONAL 802042 OWASSO PHYSICAL THERAPY P09131 EASTERN OK ORTHOPEDIC P09131 SOUTHCREST SURGICENTEli 003292 TULSA INSTITUTE 003292 WORKING RX 003292 TREASURER PETTY CASH S01399 WORKERS" COMP FUND AMOUNT DErT TOTAL FUND TOTI',L DETAIL. DESCRIPTION VENDORS NAME Council Member Council Member Mayor May 7, 2002 APPROVED: $5,331.27 $55.65 Garage Fund Total Department General Fund Community Development 0.00 7,552.79 - "J"J <," .. Information Systems 0.00 1,915.32 1299.48 59,147.77 Streets 594.38 8,220.49 Community-Senior Center 0.00 3,791.40 ~. ~"~'. ,:,' ,';:.', ~ fi; B '" -~ ,~, ':,:, :'.~,:, "'. .'_ ",,' ':~ ~:l~,,]l6" ,:~ " '_:. _",,_~<;~". ffl :.- ,,_ ,i~~~,~,<" .~_ n', ~'<.':,~; .~' " .', ,,' . " ,.~; General Fund Total $4,054.73 $185,419.35 04/20/02 CITY OF OWASSO PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE Council Member Council Member May 7, 2002 APPROVED: ~ E~Qenses Worker's Camp Self-Insurance Fund Overtime Expenses Total Expenses CITY OF OWASSO PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 04/20/02 Research of notes from the meeting indicate that Councilor Williams made a motion to approve the purchase and authorize payment, and Vice Mayor Brogdon seconded the motion. The vote was AYE - 5; NAY - O. However. during the Finance Department's "due diligence" process. the omission of the item from the official minutes was discovered. Absent such record, the Finance Department cannot legally make payment. Subsequent to the meeting of December 18, 2001, the staff did, in fact, order the vehicle as approved by the City Council. On Monday. April 29th. the vendor. Classic Chevrolet. advised the City that the truck had arrived and. upon payment, was available to be picked up. Unfortunately, a scrivener's error in recording the minutes of the December 18th meeting resulted in the action on Item #10 (vehicle purchase) being left out of the officially approved minutes. Since the City's official record consists of the "approved minutes" of each meeting, until those minutes include the Council approval on the vehicle, such approval does not legally exist. During the regularly scheduled meeting of the City Council on December 18, 2001, the City Council approved the purchase of a "service vehicle" for the Street Division of the Public Works Department (see attached memorandum). The purchase was approved on a motion by Councilor Williams with a second by Vice Mayor Brogdon, and all five Councilors voting "Aye". Staff notes taken during the meeting provide the basis for determining that such action did. in fact, occur . BACKGROUND: May 1, 2002 DATE: DECEMBER REQUEST AMEND 2001 CITY COUNCIL MEETING THE HONORABLE MEMORANDUM 1. Memorandum dated December 5, 2001 2. Minutes of the December 18,2001 City Council meeting 3, Requested amendment to the minutes of the December 18,2001 meeting. ~TTACHMENT: The staff, after consulting with the City Attorney, recommended Council action to amend the minutes of the December 18, 2001 City Council meeting to include the approval of the purchase of one 2002 Chevrolet Silverado C3500 service truck from Classic Chevrolet, Owasso, OK in the amount of $32,891.46; and authorization for payment. RECOMMENDATION: the December 18,2001 #10 on the request is so as to include AMENDMENT TO MINUTES MAY 1,2002 PAGE 2 L Minutes of the December 18; 2001 City Council meeting 2. Requested amendment to the minutes of the December 18, 2001 meeting. ATTACHMENT: The staff, after consulting with the City Attorney, recommended Council action to amend the minutes of the December 18, 2001 City Council meeting to include the approval of the purchase of one 2002 Chevrolet Silverado C3500 service truck from Classic Chevrolet, Owasso, OK in the amount of $32,891.46; and authorization for payment. RECOMMENDATION: the 1 # lOon the agenda, an amendment the taken to C3500 truck AMENDMENT TO MINUTES MAY 1,2002 PAGE 2 Water Division A new I-ton truck equipped with service body was budgeted for the Water Division to provide transportation for the main line crew and a convenient, secure storage area for tools and equipment. Presently. the Water Division has only one (1) service vehicle, which was purchased in 1992 (odometer/124,925 miles). Due to distribution system expansion and work demands placed on the division personnel, an additional service vehicle is needed to allow multiple work 1 crews to perfonn services in simultaneous locations. Streets Division A new service truck equipped with a dump-body was included in the budget for the Streets Division to replace the existing 1985 Ford I-ton truck (odometer/173.323 miles). which has become unreliable due to age and deteriorating mechanical condition. The new service truck will be used to haul small quantities of materials (i.e., dirt. sod. gravel and hot-mix asphalt) and equipment during construction projects and minor street repairs. ' The FY 01-02 Public Works Department Capital Outlay budget includes provisions for the purchase of foUl" (4) new vehicles: a I-ton service truck for. each of the Streets. Water Distribution and Wastewater Collection Divisions and a %-ton pickup truck for the Wastewater Treatment Plant. Funds for the Water and Wastewater Collection vehicles were initially budgeted in the FY .00-01; however. the vehicles were not purchased. Subsequently. the funds were approved as a part of the FY 01-02 Carry-over Budget. BACKGROUND: December 2001 DATE: VEmCLE PURCHASES FOR THE STREETS, WATER DISTRIBUTION, WASTEWATER COLLECTION DIVISIONS AND WASTEWATER TREATMENT PLANT SUBJECT: CHRIS ROBERTS FIELD OPERATIONS MANAGER OWASSO MEMORANDUM Alternate #2 ~ Front and rear all-terrain tires Base Bid 1\ltemate #1 Alternate #2 Extended Price Available Bu.dget Amount (extra cost) (extra cost) $29,496.46 $3,300.00 $95.00 $32,891.46 $36,000.00 ... _ m y:o~.._ __.t.__1 .J._~.__ Streets Division (2002 Chevrolet SUverado - Model 3500) Service Tmcks On October 11, 2001, one (1) bid (submitted by Classic Chevrolet) was received for each of the three (3) service trucks with unit prices as follows: BID PROPOSALS & STATE PURCHASING ALTERNATIVES: I I I I I I I I I I Since a base-model pickup truck is all that is required for work at the Wastewater Treatment Plant, technical specifications were not prepared. Staff determined that purchasing options are currently available for a Y2.-ton pickup truck with standard equipment from the 2002 State of Oklahoma bid list. During specification design, field personne~ suggested each service truck be equipped with four- wheel drive and front/rear all-terrain tires. In addition, Water Division personnel requested custom service body features such as a removable, steel overhead ladder rack and storage compartment lighting. Wastewater Collection Division personnel requested an 8.1 liter gasoline engine in-lieu-ofthe standard 6.1 liter engine for improved towing capability. Due to equipment cost increases associated with these features. staff included them as alternates to the bid proposal. In September 20019 technical specifications were prepared for the three (3) service trucks and bid proposals were sent to local vendors. Equipment specifications were developed for each I-ton truck to allow for differences in service body features and engine type/size. SPECIFICATION DESIGN: W ast~ater 'rteatment Plant new pickup tmck was included Plant to an existing 1986 Chevrolet S-10 pickup (odometerI74,240 miles). The S-10 pickup has- become unreliable due to deteriorating mechanical condition. The new pickup will be used primarily for local transportation of personnel, transportation to occasional out-of-town training. and collection of weekly stream samples. I ~ewater Collection Division A new service truck equipped with a flatbed. contractor body is intended to replace an existing 1985 flatbed truck (odometer/160.670 miles). The 1985 is in poor operating condition to a~e frequent use. new will used tools, materials I Page 2 Vehide Purchases I I actory air conditioning Tilt steering/cruise controVintermiUent wipers $16,067.50 $13,316.00 $14,998.50 2002 Ford F150 XL Dealership Boyd Chevrolet, Inc. (Oklahoma City, OK) Country Ford Mercury, Inc. (Oklahoma City, OK) Humburg ford LLC (Oklahoma City, OK) I :r:mf9'iirJroo ::;::i;;,..~'t:;:J'J;~;:&-~il,;i $u.s:t4~[a ~""'lI~~"<'::""iU:-;,~ """t'll'ili"'T.'\'''''':!'~~ g~ll~J.lB~",~H $16,389.00 $15,299.00 2002 Ford F150 XL I State Bid Price w/options $14,251.00 2002 Chevrolet Silverado Cl500 I State Base Bid Amount Vehicle Description I Wastewater Treatment Plant (tl2-tolD Pickllp Truck) Pickup Truck The FY 01-02 Wastewater Treatment Plant budget includes funds in an amount of $15,000.00 for the purchase of a new pickup truck. The 2002 State o~ Oklahoma bid listing includes four (4) dealerships, which offer a ~-ton pickup truck, Available purchasing options are summarized below. I I The bid prices~ however, 'are only considered irrevocable offers for a period of sixty (60) calendar days form the bid opening date of October 11,2001. Since Council and OPWA action will not be requested until December 18, 2001, staff contacted Classic Chevrolet to ensure pricing through the end of December 2001. On December loth, Classic Chevrolet responded with a letter (see attachment) indicating that all prices will remain in effect through December 31, 2001. I I I The bid submitted by Classic Chevrolet, Owasso, Oklahoma for the three (3) service trucks met all of the required specifications, An of the bid prices quoted in the bid document are F,O,B Requesting Agency and win be delivered' within 120 days after receipt of order by the contract holder. I Wastewater Collection Division (2002 Chewolet Silverado - Model 35(0) Base Bid Alternate #1 Alternate #2 Alternate (extra cost) (extra cost, $705.50 $66.00 $27,765.63 $26,000.00 I I I Water Distribution Division (2002 Chevrolet Silvera-do ~o Model 3500) Bid Alternate # 1 Alternate #2 (extra cost) (extra cost) $95.00 Alternate #'1. ~ Front and rear all~telTi.!ill tireil Alternate #3 -. Removable, steel overhead ladder rack for Alternate #4 ~ Strip lighting for semCl:: body compartments I I I Page 3 Velide Purchases I I 1. Bid Documents Bid Proposals 3. Letter form Classic Chevrolet ATTACHMENTS: I I I I I I I I I I I I I I I I 3. A current production model, Dodge Ram 'lS.-ton pickup truck for the Wastewater Treatment Plant in the amount of $13,917.00 from Dodge Town USA, Inc., Oklahoma City, Oklahoma. 2. A current production model, Chevrolet Silverado C3500 service truck for the Wastewater Collection Division in the amount of $27,765.63 from Classic Chevrolet. Owasso, Oklahoma. 1. A current production model, Chevrolet Silverado C3500 service truck for the Water Division in the amount of$33,326.46 from Classic Chevrolet, Owasso, Oklahoma. Action Item - OPW A Staff recommends Trustees approval of the purchase and authorization for payment for the following vehicles: - . Action Item - City Council Staff recommends Council approval of the purchase of a current production model, Chevrolet Silverado C3500 service truck for the Streets Division in the amount of $32,891.46 from Classic Chevrolet. Owasso, Oklahoma and authorization for payment. RECOMMEJ'IDA1lQ~~ . Funds for the purchase of the vehicles are included in the 01-0~ Capital Outlay budgets for each of the Streets. Water Distribution, Wastewater Collection, and Wastewater Treatnient Plant Divisions. Line item adjustments (totaling $1,766,00) within the Wastewater Collection Division budget can be made to purchase a new service truck. FUNDING SOURCE: The bid submitted by Dodge Town USA provides a vehicle that meets the needs of the Wastewater Treatment Plant and appears to the most favorable regards to price. ensure the Bid provides most competitive for a new Y2=ton pickup truck. four Page 4 Vehicle Purchases D. Action Relating to Acceptance of the Sanitary Sewer System Constructed to Serve Country Estates V C. Action Relating to Acceptance of the Water and Sanitary Sewer Systems Constructed to Serve Sawgrass Park at Bailey Ranch. B. Approval of Claims. A. Approval of Minutes of the November 30, 2001 Special Meeting, December 4, 2001 Regular Meeting, December 4, 2001 Special Meeting, and December 11, 2001 Special Meeting. ITEM 4: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROV AL OF THE CONSENT AGENDA. A quorum was declared present STAFF Timothy Rooney, Acting City Manager Ronald D Cates, City Attorney Marcia Boutwell, City Clerk ABSENT PRESENT Mary Lou Barnhouse, Mayor ~ 16/1 Randy Brogdon, Vice Mayor ~ 17/0 Will Williams, Councilor - 16/1 Rebecca Armstrong, Councilor - 16/1 Michael Helm, Councilor .0 17/0 ITEM 3: ROLLCALL The flag salute was held during the OPW A meeting preceding this meeting. at to The Owasso City Council met in regular session on Tuesday, December 18, 2001 in the Council Chambers at the Owasso Community Center per the Notice of Public Meeting and Agenda posted on the City I-IaIl bulletin board at 4:00 p.m. on Friday, December 14,2001. OW ASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, December 18,2001 - 2 - Motion carried 5-0. AYE: Helm, Brogdon, Armstrong, Williams, Barnhouse NAY: None Ms Bishop presented the item. Funding for the employment agreement with the City Manager will necessitate a budget supplement for the full contract amount. Even though the one-year employment agreement and actual payments will occur during two different fiscal years, funding for the contract must be included in the budget. The total cost of all salary and benefits included in the proposed employment agreement is $110,600. Mr Helm moved, seconded by Mr Brogdon, to approve a supplemental appropriation to the General Fund, Managerial Department Budget in the amount of $110,600 for the purpose of funding an employment agreement with the City Manager. ITEM 5: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A SUPPLEMENTAL APPROPRIATION TO THE GENERAL FUND BUDGET, MANAGERIAL DEPARTMENT, PERSONAL SERVICES, INCREASING SAME IN THE AMOUNT NECESSARY TO FUND AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF OW ASSO, OKLAHOMA AND RODNEY J RAY. Motion can-ied 5-0. A YE: Brogdon, Williams, Helm, Armstrong, Barnhouse NA Y: Motion carried. The consent agenda included minutes of the November 30, 2001 Special Meeting, December 2001 Regular Meeting, December 4, 2001 Special Meeting, and December 11, 2001 Special Meeting, made a part hereto. Item B on the consent agenda included the following claims: (1) General $115,41 (2) Ambulance Fund $2,158.20; (3) E-911 11.1 (4) Capital Improvements $1,500.00; (5) Capital Projects $725.16; (6) Bond Projects $9,792.72; (7) Garage $1 ,45; (8) Workers' Comp Self Insurance $875.90; (9) Collision Self- Insurance $1,200.00; (10) Payroll $212,736.92; (1 City Garage Payroll $5,233.09; (12) Ambulance Payroll $13,114.27; (13) E-911 Payroll $1,146.28; (14) Worker's Comp Payroll $1,927/74. Item C requested acceptance of the water and sanitary sewer systems constructed to serve Sawgrass Park at Bailey Ranch. Item D requested acceptance of the sanitary sewer system constructed to serve Country Estates V. .ltem E requested acceptance of the sanitary sewer system constructed to serve Preston Lakes II. Mr Brogdon moved, seconded by Mr Williams, to approve the consent agenda. E. Action Relating to Acceptance of the Sanitary Sewer System Constructed to Serve Preston Lakes December 18, 2001 Owasso City Council - 3 - Motion carried 4-1. AYE: Brogdon, Helm, Williams, Barnhouse NAY: Armstrong Mr Rooney presented the item. Resolution #2000-10, approved by the City Council on September 19, 2000, authorized Work Change Directives up to $25,000 total for the above- referenced proj ect. Cowen Construction has submitted a complete list of Work Change Directives approved by former City Manager, Larry Mitchell, as well as back charges to and from subcontractors and the City of Owasso. Brazeal Masonry has also submitted a request for a Change Order, resulting from changing the materials for the loading dock and ramp from concrete stemwall to split faced block. The total amount ofthis request is $33,348. Mr Brogdon moved, seconded by Mr Helm, to approve Change Order #5, adding $33,348 to the cost of the project, generated by backcharges to and from contractors and the City of Owasso, and changes in materials used in the loading dock and ramp. ITEM 7: CONSIDERATION AND APPROPRIATE ACTION RELATING TO CHANGE ORDER #5, A CHANGE ORDER TO CONTRACTS BETWEEN _THE CITY OF OW ASSO AND VARIOUS CONTRACTORS FOR THE CITY HALLIPOLICE STATION PROJECT, ALL AS SPECIFICALLY SET FORTH IN THE ACCOMPANYING MEMORANDUM. Motion carried 4-1. A YE: Helm, Brogdon, Williams, Barnhouse NAY: Armstrong Barnhouse requested approval the employment agreement as to the City Council consideration. Mr moved, seconded by Mr Brogdon, to approve an employment agreement contractually setting the appointment Rodney J as City Manager for the establishing salary benefits, the term of that appointment ITEM 6: CONSIDERATION AND APPROPRIATE ACTION RELATING TO AN AGREEMENT BETWEEN THE CITY OF OW ASSO AND RODNEY J RAY, SUCH AGREEMENT RELATING TO THE POSITION OF CITY MANAGER FOR THE CITY OF OW ASSO AND MR RAY'S APPOINTMENT THERETO; AND AUTHORIZATION FOR THE MAYOR TO EXECUTE THE AGREEMENT. December 18,2001 Owasso City Council - 4 - Mr Ewing presented the item. The Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 provides funding through a 10% set-aside of the Surface Transportation Program for projects such as development of bicycle and pedestrian facilities, scenic beautification, historic preservation, and mitigation of water pollution resulting from highway mnoff. These funds are ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO CITY COUNCIL APPROVAL OF PARTICIPATION IN AN OKLAHOMA DEPARTMENT OF TRANSPORTATION" ROADWA Y ENHANCEMENT GRANT PROGRAM. Motion carried 5-0. A YE: Brogdon, Williams, Helm, Armstrong, Barnhouse NAY: None Chief Allen said that the City of Owasso has a policy that insures that the citizens will always have an ambulance in good repair and ready to respond. On October 23, 2001, sealed bids were opened for the purchase of one new advanced life support ambulance. Bids were received on seven vehicles and have been reviewed by the fire department staff. All bids did not meet the specifications, and the lowest and best bid was submitted by Excellence Inc. Mr Brogdon moved, seconded by Mr Williams, to award the bid for the purchase of one new Excellence Golden Eagle Type I EHD Ambulance to Excellence Inc, Madison, AL, in the amount of $159,899.77, and authorize payment. ITEM 9: CONSIDERATION AND" APPROPRIATE AC]]QNu__RELA TING TO THE A WARD OF A BID FOR A NEW AMBULANCE. Motion carried 5-0. AYE: Helm, Williams, Armstrong, Brogdon, Barnhouse NAY: None Ms Bishop presented the item. The Ambulance Capital Fund includes $150,000 for the purchase of an anlbulance. The recommendation to presented to the Council under the next item is the purchase an ambulance approximately $160,000. A budget supplement of $10,000 is needed before that contract for purchase is approved. Available unappropriated funds in the Ambulance Capital Fund are sufficient to increase the expenditures by $10,000. Mr Helm moved, seconded by Mr Williams, to approve a supplemental appropriation to the Ambulance Capital Fund budget, increasing expenses by $10,000 for the purpose of providing sufficient funds for the purchase of an ambulance. ITEM 8: CONSIDERATION AND APPROPRIbTE ACTION RELATING TO A SUPPLEMENTAL APPROPRIA TIOt:{JQ.IHEMAMBllLANCE CAPITAL FUND I1UDGET. December 18,2001 Owasso City Council - 5 - Motion carried 5-0. AYE: Armstrong, Brogdon, Williams, Helm, Barnhouse NAY: None Mr Ewing presented the item. The City recentz annexed a 3.94 acre parcel of land located on the east side of Highway 169, north of E 96 St N. The applicant had requested that the annexation carryover the CG (Commercial General) zoning previously approved by Tulsa County. The Owasso Zoning Code provides that properties annexed may retain their Tulsa County zoning. Due to an oversight, the property was zoned AG (Agriculture) when it was annexed. The applicant has requested that the annexation ordinance be amended to change the zoning back to CG. Because the Council had questions concerning the zoning that were unanswered, Ms Armstrong moved, seconded by Mr Brogdon, to table this item to the next regular City Council meeting (January 8, 2002). ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ORDINANCE #693 AMENDED, MODIFYING THE.. ZQNU-LOuSPECIFIED IN ORDINANCE #693. Motion carried 4-1. AYE: Brogdon, Helm, Williams, Barnhouse NA Y: Armstrong allocated every two years, and funding for fiscal years 2003 and 2004 projects is currently under consideration. Proposals are now being solicited, with awards anticipated in the Spring of 2002. The Owasso Economic Development Authority has adopted a resolution supporting participation of the City of Owasso in this program. Items to be included would be two Gateway Monuments - one at the northwest corner of 76th St N & Highway 1 and the other at the southwest corner 76th 8t N the SK&O Railroad. The third item would be an extension of the decorative fencing on the west side of Highway 169 south to the Owasso corporate limits. The total project cost is expected to be approximately $303,000, with the Chis share $61,000. The City's share can be a combination direct funding and in-kind services. Councilor Armstrong asked if there had been any citizen input regarding this project Mr Ewing said that the Gateway Monuments were identified in the Downtown Redevelopment Plan recently adopted by the City Council, and there were citizen meetings held prior to the adoption of that Plan. Mr Brogdon moved, seconded by Mr Helm, to approve City participation in the Oklahoma Department of Transportation Roadway Enhancement Program, and authorization for the Mayor to execute the Application for Enhancement funds. December 18,2001 Owasso City Council - 6 - A. FOP Lodge 149 and H Burl Cox v The City of Owasso, a Municipal Corporation, and Larry Mitchell, City Manager, Case No CJ-2001-00379, Tulsa County District Court; B. City of Owasso, Oklahoma v FOP Lodge 149, Case No CJ-2001-0389, Tulsa County District Court; C. City of Owasso, Oklahoma v FOP Lodge 149, Case No CJ 2001-01986, Tulsa County District Court; D. FOP Lodge 149 and Michael Denton v City of Owasso, Oklahoma, a Municipal Corporation, and Larry Mitchell, City Manager, Case No CJ-200l-02094, Tulsa County District Court; E. H Burl Cox v City of Owasso, City Council of Owasso, Oklahoma State Fraternal Order of Police, Owasso Lodge 149, Owasso City Officials, Owasso Police Department, The City of Owasso, ex reI, Case No CJ-2000-4474, Tulsa County District Court; , F. Notice of Tort Claim - H Burl Cox, Claimant v City of Owasso, Oklahoma and Mayor, Mary Lou Barnhouse; ITEM 18: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR AN EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION, GRIEVANCES, AND TORT CLAIMS AGAINST THE CITY OF OW ASSO, OKLAHOMA, AS WELL AS OfFICIALS AND OFFICERS THEREOFLSUCH BEING: None. ITEM 17: NEW BUSINESS. No report. ,ITEM 16: REPORTJ;;:IiOMCITY COUNCILORS. No report. ITEM 15: REPORT FROM CITY ATTORNEY. on to it was on was no ITEM 13: CONSIDERATION _~AND APPROPRIATE ACTION RELATING TO THE ATTACHMENT OF AN EMERGENCY CLAUSE TO _.0RIlillt\NCE~it991 AMENDED., December 18, 200 I Owasso City Council - 7 - Motion carried 5-0, and the meeting was adjourned at 7:56 p.m. ~~/~LpvV- 11ary buBaDihouse,~ayor AYE: Helm, Brogdon, Williams, Armstrong, Barnhouse NAY: None Mr Helm moved, seconded by Mr Brogdon, to adjourn. ITEM 2Q~ ADJOURNMENT Motion carried 4-1. AYE: Brogdon, Helm, Williams, Barnhouse NAY: Armstrong Mr Brogdon moved, seconded by Mr Helm, to rejec't the last settlement offer of 11r Cox and Mr Denton. ITEM 1 CONSIDERATION AND APPROPRIATE ACTION TO BE TAKEliON ANY OR ALL OF THE LISTED ITEMS _ .I:\S__A_RESUL'L~F THE FOREGOING EXECUTIVE SESSION. Motion carried 5-0, and the Council entered into executive session at 7:15 porn. Out of executive session and the Mayor reconvened the regular meeting aat 7:55 p.m. AYE: Armstrong, Helm, Williams, Brogdon, Barnhouse NAY: None seconded by Mr Helm, to enter into executive session the purpose Ms Armstrong statedo to G. FOP Lodge No 149 and H Burl Cox and Michael Denton, F~CS Case Number 010424-09678-8 ; H. Notice of Tort Claim - Michael Denton, Claimant v City of Owasso, Oklahoma and Ronald Cates; L Notice of Tort Claim - Michael v City Oklahoma December 18, 200l Owasso City Council Marcia Boutwell, City Clerk Mary Lou Barnhouse, Mayor Motion carried 5-0. AYE: Williams, Brogdon, Helm, Armstrong, Barnhouse NAY: None Mr Roberts said that the 2001-02 Capital Outlay budget includes funds for the purchase of a 1- ton service truck for Streets DIvision. This vehicle was budgeted in FY 2000-2001, but was not purchased, and the funds were carried over to the current fiscal year. The service truck was bid in September, with only Classic Chevrolet bidding on the vehicle. The bid met all the specifications and was within the budgeted amount. Mr Williams moved, seconded by Mr Brogdon, to approve the purchase of a 2002 Chevrolet Silverado C3500 service truck for the Street Division from Classic Chevrolet, Owasso, in the amount of $32,891.46; and authorization for payment. DEPARTMENT. The Owasso City Council met in regular session on Tuesday, December 18,2001 in the Council Chambers at the Owasso Community Center per the Notice of Public Meeting and Agenda on the Hall bulletin board at 4:00 on Friday, 1 2001. a error, OW ASSO CITY COUNCIL AMENDMENT TO MINUTES OF REGULAR MEETING Tuesday, December 18,2001 Should the City elect to submit funds based on the "low end" estimate in this revised agreement, ODOT will collect from the City any shortage oflocal funds after the project is bid and prior to award. Upon project closure, the City will be billed for any ovemms encountered dming constmction. On the otherhand, should the City elect to submit their funds based on the "high end" estimate of the previous Agreement, ODOT would retain any excess City funds that may be over and above the actual bid until the project is finaled and closed out. Upon project closure, ODOT would return any excess funds to the City. Over the period of August 2001 through March 2002, ODOT has reviewed the project and required various constmction plan changes. The original design engineer, (FHC Inc.), has completed revisions, and the project has been accepted by ODOT. Bids will be let (opened) in June, and constmction is anticipated to begin in September 2002. A revised constmction cost estimate based on recent bid prices has been prepared by ODOT. The current estimate is $1,452,625.00, which is $347.335.00 less than the previous estimate. The City of Ow as so portion ofthe estimate is $546,250.00, which is $160,474.00 less than the previous share (see attached spreadsheet). On August 7, 2001 Council approved Resolution No. 2001-08, which authorized and directed the Mayor to execute a Project Maintenance and Finance Agreement between the Oklahoma Department of Transportation and the City ofOwasso for 86th Street North at Main Street. The Agreement specified the City contribution on the project to be $706, 724.00 (based on the estimated costs of constmction at that time). None ofthis money was sent to ODOT. The 86th Street and Main Street Intersection Improvement project was included in the 1998 Bond Issue to complete work on the intersection and portions of the surrounding streets. The project was submitted to the Oklahoma Department of Transportation (ODOT) for partial federal funding under the Local Government Program in 1999. In November 1999, the design engineer provided an engineering constmction cost estimate for these improvements of $1,799,960. BACKGROUND: April 29, 2002 DATE: THE HONORABLE MAYOR AND COUNCIL CITY OF OW ASSO TO: MEMORANDUM 1. Resolution No. 2002-04 2. Project Maintenance and Finance Agreement with ODOT 3. Comparison of funding options 4. Letter from Oklahoma Department of Transportation 5. Invoice ATTACHMENTS: Staff recommends Council approval of Resolution No. 2002-04, authorizing the Mayor to execute the Project Maintenance and Finance Agreement between Oklahoma Department of Transportation and the City of Owasso for 86th Street North at Main Street; and further recommend Council authorization of payment to the Oklahoma Department of Transportation for the revised invoiced amount of city participation on the E. 86th Street North and Main Street Intersection Improvements in the amount of $546,250.00. RECOMMENDATION: Funding for this project is available in the 1998 Bond Issue. FUNDING: 11 of the Agreement states that the contribution by the city of$546,250.00 shan deposited with ODOT prior to advertisement for bids or prior to the end of the fiscal year, whichever occurs first. The payment by the City is required at this time in order to advertise the bid in Mayas currently planned. Item 15 of the Agreement states that upon final acceptance of this project, $546,250.00 will be deducted from the total cost and a refund will be given to the City or additional funding will be requested fi'om the City, depending on whether the final cost is less than or more than the estimated cost. If the final cost is more than the present estimated cost, an additional payment will be expected from the City when the project is complete. The agreement also includes language that designates all responsibilities of the City and ODOT before, during, and after the construction of this project. hI order to retain more effective control of our existing funds, an Agreement based on the "low end" revised construction cost estimate has been prepared. As a result, a modification to the portion of funds allocated to the City of Owasso has been included and a new Project Maintenance and Finance Agreement has to be executed. The new Agreement contains essentially the sarne language as that previously approved in August 2001, with the the City contribution. PRQJECTMAINTENANCE AND FINANCE AGREEMENT: Page 2 Revised Agreement and Invoice E. 86th Street NorthlMain Street Intersection Improvements Ronald D Cates, City Attomey APPROVED AS TO FORM & LEGALITY: Marcia Boutwell, City Clerk ATTEST: Mayor APl~ROVED this 7th day of May, 2002 by the City Council of the City of Owasso, Oklahoma at a regularly scheduled meeting, in compliance with the Open Meeting Act. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OW ASSO, OKLAHOMA that the Mayor is hereby authorized and directed to execute the above-described agreement on behalf on the City of Owasso, Oklahoma. it is in the best interest City Oklahoma to execute that Project Agreement fOf Federal-Aid Project S1P172B(033)UR by and between the Owasso, Oklahoma and the Oklahoma Department of Transportation. A RESOLUTION COUNClL THE CITY OW ASSO, OKLAHDMA FOR THE EXECUTION FEDERAL AID AGREEMENf RELATING 86TH STREET MAIN RESOLUTION NO 2002-04 CITY OF OW ASSO, OKLAHOMA 2 Jobpiece Number 17028(04) . WHEREAS, all construction is to be in conformance with the plans prepared by the AGENCY, which are by reference made part ofthis Agreement Said plans are to as a minimum in accordance with the Oklahoma Standard Specifications for Highway Construction. WHEREAS, the parties hereto have entered into a Right-of-Way, Public Utility and Encroachment Agreement," which provided inter alia that the LOCAL AGENCY would be responsible for furnishing all right-of-way for said project, free and clear of all obstructions, encroachments, and that the LOCAL AGENCY shall at its sole expense maintain the project after construction; and WHEREAS, nothing herein contained shall be construed in any way to modify, alter, rescind, or abridge any portion of the aforementioned "Right-of-Way, Public Utility and Encroachment Agreement; and NOW THEREFORE, the parties hereto mutually agree as follows: (1) The LOCAL AGENCY agrees to the location ofthe subject project and acknowledge receipt of and adopts the plans for said project as the official plans of the LOCAL AGENCY for the streets, boulevards, arterial highways and/or other improvements contained therein; and further the LOCAL AGENCY affirmatively states that it has fully and completely examined these plans and does hereby warrant to the DEP AR TMENT the LOCAL AGENCY's complete satisfaction with these plans, and the fitness ofthe plans to construct the aforesaid proj ect. That that by the as of the actual improvements as follows: Intersection Reconstruction and Traffic Signals 86th Street North and Main Street street improvements as preVlOUSlv This Agreement, made the day and year last written below, by and between Owasso, Oklahoma, hereinafter referred to as the LOCAL AGENCY, and the Department of Transportation of the State of Oklahoma, hereinafter refen-ed to as the DEPARTMENT, for the following intents and purposes and subject to the following terms and conditions, to-wit: WITNESSETH: AGREEMENT FEDERAL-AID PROJECT Form UR-AG-IOO(2-98) 3 (2) The LOCAL AGENCY certifies that the project design plans comply, and the project when completed will comply, with the applicable provisions of the Department of Justice implementation plan of Title III ofthe Americans with Disabilities Act, (42 D.S.C. 12101-12213) as outlined in 28 CFR Part 35. (3) The LOCAL AGENCY agrees to become jointly responsible with the contractor as co., applicants for meeting all Environmental Protection Agency (EP A) requirements for sto11n water runoff on this project. It is agreed that the project plans and specifications, schedules and work stonn water the storm water plan the project previously in this The AGENCY agrees to prohibit parking on that portion of the project within the corporate limits of the LOCAL AGENCY, except as may be indicated in the plans or hereafter approved by Agreement with the DEPARTMENT. The LOCAL AGENCY 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 MUTCD. The AGENCY fhrther agrees and warrants to the DEPARTMENT that subsequent to the construction of said project, the LOCAL AGENCY will: (a) Erect, maintain and operate traffic control devices, including signals, signs and pavement markings only in accordance with 47 O.S. 1991 Section 15-104, 15-105 and 15-106, and subject to the Agreement of the DEPARTMENT: (1) 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 removed by the LOCAL AGENCY to any point other than that which is approved by the DEPARTMENT prior to such removal. (2) In the event there is no mutually agreed location for the reinstallation, the LOCAL AGENCY will assume complete ownership of the equipment following removal, if the installation is ten (10) years old or older. Ifthe installation is less than ten (10) years old, and: (a) In the event the LOCAL AGENCY desires total ownership of the equipment, the LOCAL AGENCY shall reimburse the DEP ARTMENT for 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. 4 (b) In the event the LOCAL AGENCY does not desire total ownership ofthe equipment, the LOCAL AGENCY shall sell the equipment at public auction to the highest bidder. The LOCAL AGENCY shall reimburse the DEPARTMENT the original Federal funding percentage share of the proceeds of such sale. Subject Agreement with the DEPARTMENT, regulate and control traffic on not turns to no It shall otthe LOCAL AGENCY to notifY the DEP AR TMENT of any changes necessary to insure safety to the traveling public. (c) Maintain all drainage systems and facilities constructed, installed, modified or repaired in conjunction with this project or as may be otherwise necessary to insure proper drainage for road surfaces constructed under the terms of this Agreement. (d) Maintain all curbs and driveways abutting road surfaces constructed under the tenns of this Agreement and all sidewalks adjacent thereto, (e) 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. (f) Make ample provision annually for proper maintenance of items heretofore delineated as the responsibility ofthe LOCAL AGENCY, including the provision of competent personnel and adequate equipment, and specifically, to provide all required special maintenance of the project during the critical period immediately following construction. (g) Keep all permanent right-of-way shown on said plans free from any encroachment and take immediate action to effect the removal of any encroachments upon notification by the DEPARTMENT. (6) The LOCAL AGENCY further agrees and warrants to the DEPARTMENT concerning sign and highway facility lighting: (a) The LOCAL AGENCY 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. 5 (b) Upon completion of the construction of said project, and by the DEPARTMENT, the LOCAL AGENCY 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. ( c) It is specifically understood and agreed that the highway lighting and sign lighting facilities specified herein shall be continuously operated during the hours darkness sunset and sunrise and shall-not altered, removea or to cease without the mutual consent the and the The LOCAL AGENCY agrees to provide on a periodic schedule an inspection, cleaning and relamping maintenance program to assure the maximum efficiency of the highway lighting facilities. (e) - In the event that highway lighting facilities installed hereunder are no longer needed for the purposes designated herein, then the highway lighting facilities installed hereunder shall not be removed by the LOCAL AGENCY to any point other than which is approved by the DEPARTMENT prior to such removal. (f) In the event there is no mutually agreed location for reinstallation, the LOCAL AGENCY 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 (20) years old, and: (1) In the event the LOCAL AGENCY desires total ownership ofthe equipment, the LOCAL AGENCY shall reimburse the DEPARTMENT for 75% ofthe original equipment costs only, amortized for a twenty (20) year service life, interest ignored, and assuming straight line depreciation. (2) In the event the LOCAL AGENCY does not desire total ownership ofthe equipment, the LOCAL AGENCY shall sell the equipment at public auction to the highest bidder. The LOCAL AGENCY shall reimburse the DEPARTMENT 75% of the proceeds of such sale. (7) The LOCAL AGENCY agrees, affirms'and warrants to the DEPARTMENT that the LOCAL AGENCY will be responsible, during the period of construction, for any repairs or maintenance to the approved detour route or any other street which may be required as a result of additional traffic. 6 mar eacn IS subject to the of the Claims 1 1 ~ 1 et seq.), The DEPARTMENT and the AGENCY 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 Govemmental Tort Claims Act Each party agrees to severally bear all costs of investigation and defense of claims arising under to Governmental Tort Claims Act and any judgements 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. (11) The LOCAL AGENCY agrees that local funds shall be used to provide its obligation of any nonparticipating costs and 25% percent of the allowable total project costs. The LOCAL AGENCY's obligation is presently estimated at $546,250.00- (Five-Hundred- Fortv-Six-Thousand-Two-Hundred-Fifty Dollars) which shall be deposited with the DEPARTMENT prior to advertisement for bids or prior to the end ofthe current fiscal year, whichever occurs first. (12) The DEPARTMENT agrees that Federal-aid Surface Transportation Program funds shall be requested to provide 75 percent ofthe allowable total project costs. The amount of federal funds are presently estimated at $906.375,00 (Nine-Hundred-Six-Thousand- Three-Hundred-Seventv-Five Dollars). (13) It is understood by the LOCAL AGENCY that no State funds are utilized in any phase or aspect ofthis project. Only LOCAL AGENCY and Federal funds are to be utilized. (8) The LOCAL AGENCY agrees to comply with Title VI of the Civil Rights Act of 1964, 78 O.S. S 252.42, U.S.C. S2000d-et seq., and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, of Secretary of Transportation, Part 21 - I1Nondiscrimination in federally assisted Programs ofthe Department of Transportation- Effectuation of Title VI of the Civil Rights Act 1964.11 The AGENCY agrees that it will, by resolution, duly authorize the execution this Agreement by the proper officials, and attach copies such resolution to this 7 It is understood the that the funding participation stipulated herein may be altered due to construction supervision costs and/or nonparticipating items incurred during construction. Upon final acceptance of this project, the amount of Federal funds received and the amount previously deposited by the LOCAL AGENCY will be deducted from the total cost and a refund will be made by the DEPARTMENT to the LOCAL AGENCY or additional funding will be requested from the LOCAL AGENCY. (1 The DEPARTMENT agrees to construct said project in strict accordance with the plans furnished and approved by the LOCAL AGENCY: provided that upon consultation with and Agreement by the LOCAL AGENCY, the DEP AR TMENT shan have the right to make such changes in the plans and specifications as are necessary for the proper construction ofthe project. The DEPARTMENT shall provide competent supervision at all times that the work is in progress. The LOCAL AGENCY shall have inspectors on the project site as the LOCAL AGENCY determines necessary to insure construction of the project to the satisfaction of the LOCAL AGENCY and shall have representatives available for consultation with the DEPARTMENT representatives to cooperate fully to the end of obtaining work strictly in accordance with the LOCAL AGENCY's approved plans and specifications. (17) The LOCAL AGENCY agrees that the LOCAL AGENCY will intervene as a party defendant in all actions where a contractor may allege delay due to failure of the LOCAL AGENCY to accomplish timely utility relocations, site conditions which are not as represented on the plans, or plan errors which impact on project constructability, whether in the District Court or in an alternative dispute resolution forum, will defend all such actions and will pay all damages relating to delay as may be assessed by such court or alternative dispute resolution forum against the LOCAL AGENCY for its adjudged failure. (14) Upon approval of this Agreement and the plans, specifications, and estimates by the DEP ARTMENT and Federal Highway Administration, if applicable, the DEP ARTMENT shan agree to advertise and let the contract for this project in the usual and customary legal manner, It is agreed that the project herein described is proposed to be financed as previously set forth, and that this Agreement, all plans, specifications, estimates of costs, acceptance of work, payments and procedures in general hereunder are all at to all Federal laws, regulations, and approvals as 8 the responsibility the of this as this The LOCAL AGENCY does not waive any rights against any contractor(s) with respect to defects, hidden or otherwise, in materials or workmanship. The LOCAL AGENCY does not, pursuant to this provision or any other provision in this Agreement, waive its sovereign immlmity or any exemption from, exception to or limitation ofliability as provided in the Governmental Tort Claims Act (20) The Secretary ofthe DEPARTMENT may terminate the contract in whole, or from time to time in part, whenever: (a) The requisite federal funding becomes unavailable through failure appropriation or otherwise. (b) The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense, or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources. ( c) The contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of persons or agencies other than the contractor. (d) The Secretary determines that such termination is in the best interest of the State. (18) Failure by the LOCAL AGENCY to fulfill its responsibilities under this Agreement will disqualify the LOCAL AGENCY from future participation in any Federal-aid project. Federal funds are to be withheld until such time as the deficiencies in regulations have been corrected or the improvements to be constructed under this Agreement are brought to a satisfactory condition of maintenance. (19) It is further specifically agreed and understood between the AGENCY and the DEPARTMENT that the project will built accordance with the plans and specifications, 9 Deputy Director General Counsel STATE OF OKLAHOMA DEPARTMENT OF TRANSPORTATION APPROVED AS TO FORM AND LEGALITY City Clerk ATTEST: Mayor City Attorney ( CITY AND LEGALITY on the on IN WITNESS WHEREOF, the Director ofthe 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 LOCAL AGENCY has executed same pursuant to authority prescribed by law for the Department. . Please note the project will be authorized at 75% federal and not a specific dollar amount. . Actual contributions by both Local and Federal Funds will be dependent upon and calculated from the approved bid and any change orders after project completion and approval. Item Estimate Contract Total Federal local Admin Roadway $1,000,000.00 $85,000.00 $1,085,000.00 $813,750.00 $271 ,250.00 Traffic 100,000.00 $8,500.00 $108,500.00 $81,375.00 $27,125.00 Staking $15,000.00 $0.00 $15,000.00 $11,250.00 $3,750.00 Non-Part. $225,000.00 $19,125.00 $244,125.00 $0.00 $244,125.00 Total $1,340,000.00 $112,625.00 $1,452,625.00 $906,375.00 $546,250.00 Federal 75% Share REVISED FINANCING AT 75% FEDEBAL~WITH NO CAP (NEW ESTIMATE) REVISED FINANCING AT 75% FEDERAL WITH NO CAP 11999 ESTIMATE) Item I Estimate I Contract Total Federal local Admin 128,435.00 $1,639,435.00 $'1,229,576.00 $409,859.00 - Bridge $0.00 $0.00 $0.00 $0.00 Staking $20,000.00 $0.00 $20,000.00 $15,000.00 $5,000.00 Non-ParI:. $269,000.00 $22,865.00 $291,865.00 $0.00 $291 ,865.00 Total $1,800,000.00 $151,300.00 $1,951,300.00 $1,244,576.00 $706,724.00 Federal 75% Share 45% Federal Share $901,665.38 . .. $0.00 'I ,000.00 $1 ,639,391.60 $0.80 $1 ,510,960.00 Roadway Bridge Staking local Federal Total Contract Admin Estimate ORIGINAL FINANCING WITH $750,000 CAP (1999 ESTIMATE) Attachment 3 Transmittals "The mission of the Oklahoma Department of Trausportatiou is to pl'Ovide a safe, economical, and effective transportatioll network for the people, commerce aud communities of Oklahoma. " Mark Scott Project Manager Local Government ~ivision ~~~ Sincerely, Regardless of the option that the City chooses, it will be necessary to complete the transfer of the City's estimated local matching funds to OOOT no later than May 15, 2002. If you need additional information, please contact this office at (405) 521-2737. Should the City elect to submit their funds based on the high-end estimate, OOOT will retain any excess City funds that may be over and above the actual bid until the project is finaled and closed out. At that time, OOOT will return any excess funds to the City. Should the City elect to submit their funds based on the low end estimate and revised agreement, OOOT will collect from the City any shortage of local funds after the project is bid and prior to award. Upon project closure, the City will be billed for any overruns encountered during construction. I have enclosed with this letter revised agreements and invoice which reflect a modified estimated local match in the amount of $546,250.00. The City may, at its option, elect to submit its warrant based on the prior estimate and agreement amount of $706,724.00. Alternatively, the City may execute and submit the attached revised agreement and warrant in the revised amount of $546,250.00 These options represent a low-end and high-end estimate for this project. As we discussed by phone, the City took prior action on August 7,2001 by City Resolution 2001-08 approving the Project Agreement based on an estimated local match requirement in the amount of $706,724.00. OOOT submitted with the Agreements an invoice to the City for that amount. In order to secure the project for bid, the estimated local matching funds from the City must be transferred to the OOOT Comptroller prior to advertisement of the project for bid. Confirming our previous discussions, the project is scheduled to appear on the upcoming OOOT June 20, 2002 bid opening. 72B(033)UR 17028(04) Owasso 86th Street North at Main Street Project Number: State Job Number: City: Location: Jared Bates ~ Capital Projects Engineer City of Owasso O. 180 April 2002 RECEIVED APR 2 5 2002 OKLAHOMA DEPARTMENT OF TRANSPORTATION 200 N. E. 21st Street Oklahoma City, OK 73105~3204 CMPT-IV 6349 11/94 Accou.nting Use Only Distribution of Copies: Purchaser Remit with Payment Division Project File Division Accounting Division Acctg-Invoice File Comptroller ~ ~ . .n. Description - Explanation of Charge Quantity Price Each Total ~- Du.e Date: May 15,2002 STP~ 172B(033)UR Intersection Reconstruction & Traffic Signals 86th Street North at Main Street Total Estimated Project Cost $1,452,625 (Less Federal Funds) ($906,375) City of Owasso Funds Now Due $546,250 Invoice Total 17028(04) Revised Division -- 4/23/02 Oklahoma Department of Transportation Comptroller Division 200 N. E. 21 st Street Oklahoma City, 73105--3204 Make check PAYABLE and MAIL TO: INVOICE OKLAHOMA DEPARTMENT OF TRANSPORTATION