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2015.04.21_City Council Agenda
PUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL Council Chambers, Old Central Building 109 N Birch, Owasso, OK 74055 Regular Meeting Tuesday, April 21, 2015 - 6:30 pm 1. Call to Order Mayor Jeri Moberly 2. Invocation Pastor Robert Miller of New Life Assembly 3. Flag Salute 4. Roll Call 5. Presentation of Employee of the Quarter Warren Lehr Irax APR 14 2915,J,, City Clerk's Office 6. 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 the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes • April 7, 2015 Regular Meeting • April 14, 2015 Regular Meeting B. Approve claims C. Receive monthly budget status report D. Approve Ordinance 1050 annexing property located in the northwest corner of E 86th St N and N Mingo Rd E. Declare vehicles as surplus to the needs of the City and approve their disposal via online auction: 1997 Ford Crown Victoria 1998 Ford Crown Victoria 1998 Dodge Caravan 2000 Chevrolet Impala 2000 Chevrolet Impala 2003 Ford Crown Victoria 2003 Ford Crown Victoria 2003 Ford Crown Victoria 2003 Ford Crown Victoria VIN 2FALP71 W7VX224272 VIN 2FALP71 W2VX214362 VIN IB4GP44G2WB638057 VIN 2G 1 W F55K2Y9303338 VIN 2G 1 W F55KOY9308778 VIN 2FAFP71 W43X152067 VIN 2FAFP71 W43X152070 VIN 2FAFP71 W63XI52068 VIN 2FAFP71 WX3X152073 7. Consideration and appropriate action relating to items removed from the Consent Agenda PUBLIC HEARING 8. The City Council will conduct a public hearing for the purpose of receiving citizen input relating to the Capital Improvement Projects eligible for funding from the third penny sales tax Teresa Willson Owasso City Council April 21, 2015 Page 2 Consideration and appropriate action relating to Resolution 2015 -08 approving projects for submittal to Tulsa County Vision Authority Teresa Willson Staff recommends approval of Resolution 2015 -08. 10. Consideration and appropriate action relating to annexation OA -15 -02 and rezoning OZ -15- 01 for property located at 14401 E 100th St N Karl Fritschen Staff recommends approval of annexing OA- 15 -02, and rezoning of OZ -15 -01 the subject Property from AG (Agricultural) to OL (Office Light). 11. Consideration and appropriate action relating to Planned Unit Development PUD -15 -01 The Cottages at Tallgrass Point, for property located at 86th St N and Mingo Rd Karl Fritschen Staff recommends approval of PUD -15 -01 with underlying zoning of RM (Residential Multi - Family). 12. Consideration and appropriate action relating to the award of a bid for FY 2014 -2015 Community Development Block Grant (CDBG) sidewalk project Karl Fritschen Staff recommends awarding the base bid and alternate bid to J & P Ventures LLC in the amount of $89,123.96 and authorization for the Mayor to execute the agreement. 13. Consideration and appropriate action relating to a Capital Improvement Agreement for the Vision 2025 Community Center project balance Larry Langford Staff recommends approval of the Agreement between the Board of County Commissioners of Tulsa County and the City of Owasso to provide for the release of the final $51,331 of Vision 2025 funding for the Owasso Community Center project. 14. Consideration and appropriate action relating to award of a bid for Afar bridge and channel repairs Daniel Dearing Staff recommends awarding the bid for the construction contract of base bid and alternate bid to Davis H. Elliot in the amount of $130,095 for the Ator Headwall Project. 15. Consideration and appropriate action relating to the Inter -local Agreement with Tulsa County for engineering design at the intersection of E 116th St N and N 129th E Ave Dwayne Henderson Staff recommends approval of the Inter -local Agreement with Tulsa County. 16. Report from City Manager • Tulsa Regional Chamber Washington DC Fly -In 17. Report from City Attorney Owasso City Council April 21, 2015 Page 3 18. Report from City Councilors 19. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 20. Adjournment Notice of Public Meeting filed in the office of the City Clerk and Agenda posted at City Hall bulletin board at 6:00 pm on Friday, April 17, 2015. I Sherry • • iii OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, April 7, 2015 The Owasso City Council met in regular session on Tuesday, April 7, 2015 in the Council Chambers at Old Central, 109 N Birch, Owasso, Oklahoma per the Notice of Public Meeting and Agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 6:00 pm on Friday, April 3, 2015, 1. Call to Order Mayor Jeri Moberly called the meeting to order at 6:30 pm. 2. Invocation The invocation was offered by Pastor Chris Wall, Senior Pastor of First Baptist Church. 3. Flag Salute Dr. Kelley led the flag salute. 4. Roll Call Present Mayor -Jeri Moberly Vice- Mayor - Lyndell Dunn Councilor- Bill Bush Councilor- Chris Kelley A quorum was declared present. Staff: City Manager - Warren Lehr City Attorney - Julie Lombardi Absent Councilor- Doug Bonebrake 18. Report from City Councilors Mayor Moberly moved this item to earlier in the meeting. Mr. Bush presented a proclamation declaring April 7, 2015 as Larry Turner and Steve Holleman Day. S. Presentation of a Proclamation declaring the month of April as Start by Believing Month Mayor Moberly presented a proclamation declaring April to be Start by Believing in the City of Owasso. 6. Presentation of Employee of the Quarter This item was removed from the agenda. 7. Presentation of the Character Trait of Truthfulness Alvin Fruga, Character Council Member, presented the Character Trait of Truthfulness for the month of April. B. 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 the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable. A. Approve minutes - March 17, 2015 Regular Meeting B. Approve claims C. Accept Agreement for Urban Engineering Services (Engineer Agreement): Villagomez Engineering Company - Dairy Queen Owasso City Council April 7, 2015 Page 2 D. Approve Resolution 2015 -07, approving an amended trust indenture for the Oklahoma Municipal Retirement Fund; providing amendments to authorize daily valuations and daily accounting for assets and providing procedures and rules for accounting of such assets within the plans administered by Oklahoma Municipal Retirement Fund; and continuing existing trust as amended in full force and effect Mr. Dunn moved, seconded by Dr. Kelley to approve the Consent Agenda with claims totaling $760,643.98. Also, included for review were the self- insurance claims report and the payroll report for 03/21/15. YEA: Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 4 -0 9. Consideration and appropriate action relating to items removed from the Consent Agenda None 10. Consideration and appropriate action relating to Ordinance 1051, amending the City of Owasso Zoning Code by adding Sub - Section 860.5, Downtown Overlay District Bronce Stephenson presented the item recommending approval of Ordinance 1051. After discussion, Mr. Dunn moved, seconded by Mr. Bush to approve Ordinance 1051, as recommended. YEA: Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 4 -0 PUBLIC HEARING 11. The City Council will conduct a public hearing for the purpose of receiving citizen input relating to the 2015 -16 Community Development Block Grant (CDBG) project Karl Fritschen presented the item. The Mayor opened the Public Hearing for comment. No citizen input was offered. 12. Consideration and appropriate action relating to Resolution 2015 -05, requesting assistance from the Tulsa County CDBG Urban County Program and approval of the application identifying a sidewalk facility along N 1271h E Ave as the preferred project for the 2015 -16 funding cycle and authorizes the Mayor to execute the necessary documents Karl Fritschen presented the item recommending approval of Resolution 2015 -05. After discussion, Mr. Bush moved, seconded by Dr. Kelley to approve Resolution 2015 -05, as recommended. YEA: Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 4 -0 13. Consideration and appropriate action relating to Resolution 2015 -06, granting authorization to the police officers to perform police functions outside of the city limits upon request of any municipal, county, or state law enforcement agency Scott Chambless presented the item recommending approval of Resolution 2015 -06. After discussion, Mr. Dunn moved, seconded by Mr. Bush to approve Resolution 2015 -06, as recommended. YEA: Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 4 -0 Owasso City Council April 7, 2015 Page 3 14. Consideration and appropriate action relating to a contract for audit services Linda Jones presented the item recommending approval of a contract with McGladrey, LLP as auditors for fiscal year ending June 30, 2015. After discussion, Mr. Bush moved, seconded by Dr. Kelley to approve the contract, as recommended. YEA: Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 4 -0 15. Consideration and appropriate action relating to the purchase of a compact excavator Tim Doyle presented the item recommending approval to purchase a new John Deere 50G compact excavator in the amount of $61,712 from Yellowhouse Machinery Company of Sand Springs, Oklahoma, per the Oklahoma State Bid Contract SW 190. After discussion, Dr. Kelley moved, seconded by Mr. Dunn to award the bid in the amount of $61,712, per the Oklahoma State Bid, as recommended. YEA: Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 4 -0 16. Report from City Manager Roger Stevens presented the Monthly Public Works Project Status Report. 17. Report from City Attorney None 18. Report from City Councilors Mayor Moberly resumed this item. Mr. Dunn expressed appreciation of The Gathering on Main on April 2, 2015. 19. New Business None 20. Adjournment Dr. Kelley moved, seconded by Mr. Dunn to adjourn the meeting. YEA: Bush, Dunn, Kelley, Moberly NAY: None Motion carried 4 -0 and the meeting adjourned at 7:38 pm. Jeri Moberly, Mayor Lisa Wilson, Minute Clerk OWASSO CITY COUNCIL, OPWA & OPGA MINUTES OF JOINT REGULAR MEETING Tuesday, April 14, 2015 The Owasso City Council, Owasso Public Works Authority, and Owasso Public Golf Authority met in a joint regular meeting on Tuesday, April 14, 2015 in the Council Chambers at Old Central, 109 N Birch Street, Owasso, Oklahoma per the Notice of Public Meeting and the Agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 6:00 pm on Friday, April 10, 2015. 1. Call to Order Mayor Jeri Moberly called the meeting to order at 6:04 pm. Present Mayor /Chair - Jeri Moberly Vice - Mayor /Vice- Chair- Lyndell Dunn Councilor /Trustee - Doug Bonebrake Councilor /Trustee - Bill Bush A quorum was declared present. Absent Councilor /Trustee - Chris Kelley 2. Discussion relating to Community Development items A. Annexation (OA- 15 -02) & Rezoning (OZ- 15 -01) - 14401 E 10011, St N B. PUD - The Cottages at Tallgrass Point (86th & Mingo) C. FY 2014 -2015 CDBG Sidewalk Project - Construction Contract Bid Karl Fritschen presented items A, B, and C and discussion was held. It was further explained that items A, B, and C would be placed on the April 21, 2015 City Council agenda for consideration and action. 3. Discussion relating to Vision 2025 Excess Funds Projects Teresa Willson presented the item and the Owasso Economic Development Authority endorsement of the proposed projects. Discussion was held. It was further explained that a resolution would be placed on the April 21, 2015 City Council agenda for consideration and action. 4. Discussion relating to Capital Improvement Projects - Amended Priority List (Radio System Upgrades) Teresa Willson presented the item and Larry White provided additional technical information. Discussion was held. It was further explained that the required public hearing would take place during the City Council meeting on April 21, 2015. 5. Discussion relating to amendment to Solicitors Permit Ordinance Julie Lombardi presented the item and discussion was held. It was further explained that an item would be placed on the May 12, 2015 worksession agenda to review proposed ordinance language and for additional discussion. 6. Discussion relating to proposed amendments to sewer system ordinances including pretreatment requirements for discharge of fats, oils, and grease Travis Blundell presented the item and discussion was held. It was further explained that an item would be placed on the May 12, 2015 worksession agenda to review proposed ordinance language and for additional discussion. 7. Discussion relating to City Manager items Linda Jones presented the Monthly Sales Tax Report. Sherry Bishop advised that the April 21, 2015 City Council agenda would also include a consent agenda item to declare police vehicles surplus to the needs of the city and the ordinance annexing OA -15 -01 approved March 17, 2015. City Council /OPWA /OPGA Minutes April 14, 2015 Page 2 8. City Council /Trustee comments and inquiries Councilor Bonebrake requested an item be Manager Warren Lehr to provide a report o Fly -In. 9. Adjournment placed on the April 21, 2015 agenda for City n the Tulsa Regional Chamber Washington DC Mr. Bonebrake moved, seconded by Mr. Bush to adjourn the meeting. YEA: Bonebrake, Bush, Dunn, Moberly NAY: None Motion carried 4 -0 and the meeting adjourned at 7:38 pm. Jeri Moberly, Mayor /Chair Juliann M. Stevens, Minute Clerk Claims List CIP- 14WityF'i Budget Unit Title Vendor Name Payable Description PaymentAmount GENERAL t STREET LIGHTS 15.06 ER PETTY CASH CC REFUNDIJOSEPH FINANCIA 50.00 ER PETTY CASH CC REFUND /RUST 50.00 TOTAL GENERAL 115.06 MUNICIPAL COURT JPMORGAN CHASE BANK OMCCA- CONFERENCE FEE 450.00 JPMORGAN CHASE BANK SAMS CLUB - SUPPLIES 6.49 TOTAL MUNICIPAL COURT 456.49 MANAGERIAL JPMORGAN CHASE BANK PIKEPASS FEES 0.60 CITY GARAGE LABOR & OVERHEAD - APRIL, 11.93 CITY GARAGE VEHICLE PARTS PURCH - MAR 1.05 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MARCH, 28.14 TREASURER PETTY CASH PASTOR MEETING EXPENSE 11.20 TREASURER PETTY CASH EMPLOYEE RECOGNITION 25.00 TREASURER PETTY CASH CHAMBER LUNCH /STEVENS 10.00 TREASURER PETTY CASH MILEAGE REIMB /BISHOP - 174.09 TOTAL MANAGERIAL 262.01 FINANCE CITY GARAGE LABOR & OVERHEAD - APRIL, 37.77 JPMORGAN CHASE BANK AUDIMAT[ON-IDEA SOFTWARE 2,020.00 JPMORGAN CHASE BANK OFFICE DEPOT -FILE FOLDERS 43.29 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MARCH, 17.07 JPMORGAN CHASE BANK SAMS CLUB - SUPPLIES 6.49 TOTAL FINANCE 2,124.62 HUMAN RESOURCES TREASURER PETTY CASH CHAMBER LUNCH /DEMPSTER 10.00 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MARCH, 8.53 TOTAL HUMAN RESOURCES 18.53 GENERAL GOVERNMENT CINTAS CORPORATION CARPET CLEANING CITY HALL 62.24 TULSA COUNTY ELECTION BOARD ELECTION MARCH 2015 4,629.22 JPMORGAN CHASE BANK AMERICAN WASTE- REFUSE 144.93 JPMORGAN CHASE BANK USPS -PO BOX RENTAL FEE 278.00 MCAFEE & TAFT LEGAL FEES 358.00 NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL, DAVIDSON, JANUARY 12,536.88 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 728.73 COMMUNITY PUBLISHERS INC PUBLICATION, LEGAL NOTICE 138.60 COMMUNITY PUBLISHERS INC PUBLICATION, LEGAL NOTICE 138.60 COMMUNITY PUBLISHERS INC PUBLICATION, LEGAL NOTICE 20.00 TULSA COUNTY CLERK FILING FEES 124.00 NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL, ROSS MOBERLY, JAN 125.00 Page 1 Claims List 4/21/2015 Budget Unit Title Vendor Name Payable Description PaymentAmount GENERAL GOVERNMENT... NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL, SPRADLIN, JANUARY 928.45 NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL, MAZZANTI, JANUARY 175.00 NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL, DENTON, JANUARY 337.50 MCAFEE &TAFT LEGAL - PERSONNEL 336.00 MCAFEE & TAFT LEGAL FEES 294.80 AT &T LONG DISTANCE PHONE BILL 43.61 JPMORGAN CHASE BANK EBAY -EBAY FEES 10.40 JPMORGAN CHASE BANK JADMIRAL EXPRESS- SUPPLIES 57.98 TOTAL GENERAL GOVERNMENT 21,467.94 COMMUNITY DEVELOPMENT JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 54.95 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 27.96 JPMORGAN CHASE BANK DELL -TONER 132.99 CITY GARAGE LABOR & OVERHEAD - APRIL, 176.91 CITY GARAGE VEHICLE PARTS PURCH - MAR 5.08 TREASURER PETTY CASH TOLLS 4.00 TREASURER PETTY CASH PER DIEM /STEPHENSON 430.50 JPMORGAN CHASE BANK AMAZON -BOOK 10.18 JPMORGAN CHASE BANK AMAZON -BOOK 32.61 JPMORGAN CHASE BANK AMAZON -BOOK 14.22 JPMORGAN CHASE BANK AMAZON -BOOK 52.86 JPMORGAN CHASE BANK AMAZON -BOOK 13.41 JPMORGAN CHASE BANK AMAZON -BOOKS 11.03 VERIZON WIRELESS WIRELESS CONNECTION 88.95 TULSA COUNTY INFORMATION TECH DEPT TULSA COUNTY LAND RECORDS 30.00 FLEETCOR TECHNOLOGIES IFUELMAN EXPENSES - MARCH, 313.01 TOTAL COMMUNITY DEVELOPMENT 1,398.66 ENGINEERING FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MARCH, 53.03 UNIFIRST HOLDINGS LP UNIFORM CLEANING 19.56 UNIFIRST HOLDINGS LP UNIFORM CLEANING 19.56 VERIZON WIRELESS WIRELESS CONNECTION 29.65 UNITED STATES CELLULAR CORPORATION PW CELL PHONES 56.56 CITY GARAGE VEHICLE PARTS PURCH - MAR 166.73 CITY GARAGE LABOR & OVERHEAD - APRIL, 166.97 JPMORGAN CHASE BANK WEBSCRIBBLE- JOBSINOWASSO 19.99 JPMORGAN CHASE BANK I ADMIRAL EXPRESS - SUPPLIES 28.99 TOTAL ENGINEERING 561.04 INFORMATION TECHNOLOGY JPMORGAN CHASE BANK LOGMEIN- SYSTEM RENEWAL 448.50 JPMORGAN CHASE BANK GODADDY- DOMAIN RENEWAL 127.36 JPMORGAN CHASE BANK COX -CITY INTERNET SVC 1,309.00 JPMORGAN CHASE BANK AMAZON -CABLE MODEM 17.95 Page 2 Claims List 4121/2015 Budget Unit Title Vendor Name Payable Description Payment Amount INFORMATION TECHNOLOGY CITY GARAGE LABOR & OVERHEAD - APRIL, 61.62 VERIZON WIRELESS WIRELESS CONNECTION 149.70 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MARCH, 31 A5 JPMORGAN CHASE BANK AMAZON - SERVER MEMORY 118.55 TOTAL INFORMATION TECHNOLOGY 2,264.13 SUPPORT SERVICES BLUE ENERGY FUELS, LLC CNG FUEL PURCH - MARCH, 2 107.06 JPMORGAN CHASE BANK LOWES -MASON DRILL BITS 14.16 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MARCH, 122.39 JPMORGAN CHASE BANK LOWES- RETURN -1.16 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 18.15 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 18.15 JPMORGAN CHASE BANK EQUIPMENT ONE -MOWER PARTS 169.15 CITY GARAGE LABOR & OVERHEAD - APRIL, 246.49 CITY GARAGE VEHICLE PARTS PURCH - MAR 1,042.40 TREASURER PETTY CASH PARKING FEE 2.00 JPMORGAN CHASE BANK LOCKE -PARTS 4.94 JPMORGAN CHASE BANK LOCKE SUPPLY -PIPE WRENCH 44.87 JPMORGAN CHASE BANK LOWES -PARTS 11.32 JPMORGAN CHASE BANK LOWES -PARTS 9.07 JPMORGAN CHASE BANK PIKEPASS FEES 7.80 JPMORGAN CHASE BANK LOWES -PARTS 50.10 JPMORGAN CHASE BANK _ SAMS CLUB - SUPPLIES 115.48 JPMORGAN CHASE BANK LOCKE - INSULATION ADHESIVE 17.04 JPMORGAN CHASE BANK LOCKE- INSULATION ADHESIVE 17.04 VERIZON WIRELESS WIRELESS CONNECTION 29.65 FLEETCOR TECHNOLOGIES, INC. FUEL PURCH - MARCH, 2015 61.40 OKLAHOMA DEPT OF CORRECTIONS TULSA IDOC WORKER PROGRAM - MAR 990.00 TOTAL SUPPORT SERVICES 3,097.50 CEMETERY IVERDIGRIS VALLEY ELECTRIC COOP ICEMETERY ELECTRIC 42.19 TOTAL CEMETERY 42.19 POLICE SERVICES CITY GARAGE LABOR & OVERHEAD - APRIL, 7,553.61 CITY GARAGE VEHICLE PARTS PURCH - MAR 5,312.28 JPMORGAN CHASE BANK FEDEX- SHIPPING 9.75 JPMORGAN CHASE BANK FEDEX- SHIPPING 18.75 JPMORGAN CHASE BANK AMAZON -PD BOOKS 115.50 JPMORGAN CHASE BANK TRAINING EXPENSE 20.00 JPMORGAN CHASE BANK WALMART- SUPPLIES 21.88 JPMORGAN CHASE BANK BOB HURLEY -PARTS 2,665.26 JPMORGAN CHASE BANK BOB HURLEY - REPAIR 1,984.41 JPMORGAN CHASE BANK SOUTHERN - NOTARY STAMP 49.95 Page 3 Claims List 4121/2015 Budget Unit Title Vendor Name Payable Description Payment Amount POLICE SERVICES... DONALD L. TAYLOR KEYS FOR UNIT 11 -2 9.00 OWASSO FOP LODGE #149 POLICE DEPT LEGAL DEFENSE FY15 164.50 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 227.10 JPMORGAN CHASE BANK AMAZON - UNIFORM ITEMS 101.23 JPMORGAN CHASE BANK AMAZON - UNIFORM ITEMS 202.46 JPMORGAN CHASE BANK AMAZON -PD BOOKS 169.10 TREASURER PETTY CASH CO- PAY /BROCK 25.00 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MARCH, 6,495.28 TREASURER PETTY CASH PAINT 21.35 TREASURER PETTY CASH VEHICLE TAG 10.00 TREASURER PETTY CASH VEHICLE TAG 10.00 VERIZON WIRELESS IWIRELESS CONNECTION 534.16 TOTAL POLICE SERVICES 25,720.57 BULLYING PREV GRANTS JPMORGAN CHASE BANK QUALITY LOGO -ANTI BULLYIN 748.21 TOTAL BULLYING PREV GRANTS 748.21 ANIMAL CONTROL JPMORGAN CHASE BANK RAY ALLEN - SUPPLIES 25.98 BLUE ENERGY FUELS, LLC CNG FUEL PURCH - MARCH, 2 22.78 JPMORGAN CHASE BANK PETS MART- SUPPLIES 118.35 JPMORGAN CHASE BANK WESTERN ENGRAVE RS-SUPPLIE 182.66 JPMORGAN CHASE BANK FIRSTINRESP - GARAGE PARTS 35.15 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MARCH, 171.88 JPMORGAN CHASE BANK MEDVET - SUPPLIES 243.03 JPMORGAN CHASE BANK PETSMART - SUPPLIES 194.51 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES 281.53 JPMORGAN CHASE BANK STROBES -PARTS 68.28 CITY GARAGE LABOR & OVERHEAD - APRIL, 13.91 JPMORGAN CHASE BANK PETSMART- REFUND -1.30 VERIZON WIRELESS WIRELESS CONNECTION 80.08 TOTAL ANIMAL CONTROL 1,436.84 FIRE SERVICES VERIZON WIRELESS WIRELESS CONNECTION 588.48 CITY GARAGE VEHICLE PARTS PURCH - MAR 291.26 JPMORGAN CHASE BANK LOWES- HARDWARE 7.71 JPMORGAN CHASE BANK SAMS CLUB - SUPPLIES 55.83 JPMORGAN CHASE BANK OREILLYS- VEHICLE SUPPLIES 8.14 JPMORGAN CHASE BANK SAMSCLUB- SUPPLIES 12.64 JPMORGAN CHASE BANK SAMS CLUB - BATTERIES 17.98 JPMORGAN CHASE BANK REASORS -G2G EXPENSE 41.76 JPMORGAN CHASE BANK WALMART- SUPPLIES 20.94 JPMORGAN CHASE BANK LOWES- HARDWARE 1.12 JPMORGAN CHASE BANK 1OFFICE DEPOT - SUPPLIES Page 4 Claims List 4/21/2015 Budget Unit Title Vendor Name Payable Description Payment Amount FIRE SERVICES... CITY GARAGE LABOR & OVERHEAD - APRIL, 702.58 JPMORGAN CHASE BANK CONRAD FIRE - LADDER 1 PART 102.38 JPMORGAN CHASE BANK CONRAD FIRE - ENGINE 1 PART 72.90 JPMORGAN CHASE BANK CONRAD FIRE - LADDER 1 PART 707.45 JPMORGAN CHASE BANK CONRAD- ENGINE 1 PARTS 57.39 JPMORGAN CHASE BANK PIKEPASS FEES 21.20 JPMORGAN CHASE BANK KNOX COMPANY -LOCK BOX 572.00 JPMORGAN CHASE BANK LOWES - PLUMBING PARTS 11.49 JPMORGAN CHASE BANK MAIL THIS- SUPPLIES 7.16 JPMORGAN CHASE BANK LOWES- SUPPLIES 43.82 JPMORGAN CHASE BANK OVERHEAD DOOR -DOOR REPAIR 125.00 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES 41.97 JPMORGAN CHASE BANK LODGING EXPENSE 321.15 JPMORGAN CHASE BANK LODGING EXPENSE 321.15 JPMORGAN CHASE BANK SAMSCLUB- SUPPLIES 94.30 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MARCH, 1,694.59 DAVID W NICHOLS ANNUAL EXTRICATION SVCS 1,200.00 BLUE ENERGY FUELS, LLC CNG FUEL PURCH - MARCH, 2 120.06 JPMORGAN CHASE BANK TRAINING EXPENSE 30.70 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 1,042.53 JPMORGAN CHASE BANK IMAGENET -MAINT CONTRACT 60.17 TOTAL FIRE SERVICES 8,404.93 EMERGENCY PREPAREDNES JPMORGAN CHASE BANK LOWES -DOOR KNOB 35.97 JPMORGAN CHASE BANK LOWES- FILTERS 50.91 JPMORGAN CHASE BANK INTERSTATE - BATTERIES 25.90 VERIZON WIRELESS WIRELESS CONNECTION 29.65 VERDIGRIS VALLEY ELECTRIC COOP ELECTRIC BILL STORM SIREN 26.24 VERDIGRIS VALLEY ELECTRIC COOP ELECTRIC BILL STORM SIREN 21.72 VERDIGRIS VALLEY ELECTRIC COOP ELECTRIC BILL STORM SIREN 26.32 TOTAL EMERGENCY PREPAREDNESS 216.71 STREETS AEP /PSO STREET LIGHTS 5,806.28 SIGNALTEK INC LOOP SEALANT 171.50 VERIZON WIRELESS WIRELESS CONNECTION 80.02 TWIN CITIES READY MIX, INC CONCRETE 96.00 SIGNALTEK INC TRAFFIC SIGNAL MAINTENANC 2,416.77 UNIFIRST HOLDINGS LP UNIFORM CLEANING 39.35 CITY GARAGE VEHICLE PARTS PURCH - MAR 345.42 BLUE ENERGY FUELS, LLC CNG FUEL PURCH - MARCH, 2 369.74 JPMORGAN CHASE BANK LOWES- MARKER 3.72 JPMORGAN CHASE BANK WARREN CAT - REPAIRS 4,883.04 JPMORGAN CHASE BANK LOWES -TOOL SET 21.99 JPMORGAN CHASE BANK INTERSTATE ALL - BATTERY 24.95 Page 5 Claims List 4/21/2015 Budget Unit Title Vendor Name Payable Description PaymentAmount STREETS... JPMORGAN CHASE BANK LOWES -WHITE PAINT 29.92 CITY GARAGE LABOR & OVERHEAD - APRIL, 1,129.07 AMERICAN ELECTRIC POWER MAIN STREET LIGHTING 1,000.00 AMERICAN ELECTRIC POWER SILVER CREEK LIGHTING 513.00 JPMORGAN CHASE BANK FRONTIER INT'L- REPAIR 4,275.46 JPMORGAN CHASE BANK OREILLYS- SUPPLIES 13.83 VERDIGRIS VALLEY ELECTRIC COOP SECURITY LIGHT 5.88 JPMORGAN CHASE BANK FASTENAL- SUPPLIES 122.61 JPMORGAN CHASE BANK FASTENAL- SUPPLIES 26.13 JPMORGAN CHASE BANK LOWES - BATTERIES 94.05 JPMORGAN CHASE BANK BUMP2BUMP -FUSES 7.90 JPMORGAN CHASE BANK BUMP2BUMP- SUPPLIES 28.63 JPMORGAN CHASE BANK ATWOODS- SUPPLIES 8.58 JPMORGAN CHASE BANK ATWOODS -TRASH BAGS 51.96 UNIFIRST HOLDINGS LP UNIFORM CLEANING 41.30 JPMORGAN CHASE BANK WHITE STAR - DIAMOND BLADE 310.99 APAC- OKLAHOMA, INC. ASPHALT FOR POTHOLES 75.56 DUNHAM'S ASPHALT SERVICES, INC. COLD PATCH FOR POTHOLES 113.75 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MARCH, 819.98 JPMORGAN CHASE BANK FASTENAL -PARTS 17.18 JPMORGAN CHASE BANK FASTENAL- RETURN - 100.12 JPMORGAN CHASE BANK OREILLY -PARTS 29.79 JPMORGAN CHASE BANK OREILLY -PARTS 9.76 JPMORGAN CHASE BANK STD SPLY -PULL ROPE 13.70 JPMORGAN CHASE BANK EQUIPMENT ONE -BLADE 294.99 JPMORGAN CHASE BANK BUMPER TO BUMPER - SUPPLIES 7.74 JPMORGAN CHASE BANK LOWES-PHYTOEYE 1 28.44 TOTAL STREETS 23,228.86 STORMWATER FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MARCH, 865.14 EQUIPMENT ONE RENTAL STUMP GRINDER RENTAL 200.00 UNIFIRST HOLDINGS LP UNIFORM CLEANING 33.31 UNIFIRST HOLDINGS LP UNIFORM CLEANING 33.31 JPMORGAN CHASE BANK P & K EQUIPMENT -BELT 70.31 JPMORGAN CHASE BANK ATWOODS -TRASH BAGS 29.98 JPMORGAN CHASE BANK P & K EQUIP- TRIMMER LINE 359.94 TREASURER PETTY CASH PARKING FEE 2.00 TREASURER PETTY CASH PARKING FEE 2.00 JPMORGAN CHASE BANK INTERSTATE - BATTERY 52.95 CITY GARAGE LABOR & OVERHEAD - APRIL, 834.87 CITY GARAGE VEHICLE PARTS PURCH - MAR 30.86 JPMORGAN CHASE BANK LOWES -KEYS 5.61 JPMORGAN CHASE BANK P & K EQUIP -MOWER BLADES 116.22 BLUE ENERGY FUELS, LLC ICNG FUEL PURCH - MARCH, 2 215.80 Page 6 Claims List 4121/2015 Budget Unit Title Vendor Name Payable Description Payment Amount STORMWATER... IVERIZON WIRELESS IWIRELESS CONNECTION 109.67 TOTAL STORMWATER 2,961.97 PARKS VERIZON WIRELESS WIRELESS CONNECTION 29.65 UNIFIRST HOLDINGS LP PARKS UNIFORMS 15.25 JPMORGAN CHASE BANK DRYSDALES -BOOTS 134.99 CITY GARAGE VEHICLE PARTS PURCH - MAR 40.18 CITY GARAGE LABOR & OVERHEAD - APRIL, 610.25 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 7.49 ROGERS COUNTY RURAL WATER DISTRICT WATER SERVICE @ CENTENNIA 182.60 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MARCH, 245.15 JPMORGAN CHASE BANK STOPS IGN &MORE- SUPPLIES 269.50 JPMORGAN CHASE BANK ATWOOD- SUPPLIES 3.16 JPMORGAN CHASE BANK P & K EQUIP -POLE SAW PART 199.99 JPMORGAN CHASE BANK SAVON PRINTING - PRINTING 30.00 JPMORGAN CHASE BANK LOWES-PARTS 7.50 TOTAL PARKS 1,775.71 COMMUNITY CENTER JPMORGAN CHASE BANK WALMART- SUPPLIES 116.36 JPMORGAN CHASE BANK LOWES -FLOOD LIGHTS 179.17 JPMORGAN CHASE BANK LOWES -BULBS 66.17 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 227.41 JPMORGAN CHASE BANK SAMS CLUB- SUPPLIES 2160 CITY GARAGE LABOR & OVERHEAD - APRIL, 19.88 JPMORGAN CHASE BANK LOCKE SUPPLY -LIGHT BULBS 76.07 TOTAL COMMUNITYCENTER 708.66 HISTORICAL MUSEUM ONEOK, INC OKLAHOMA NATURAL GAS INATURAL GAS USAGE 101.43 TOTAL HISTORICAL MUSEUM 101.43 ECONOMIC DEV JPMORGAN CHASE BANK LODGING EXPENSE 534.24 CITY GARAGE LABOR & OVERHEAD - APRIL, 15.90 TREASURER PETTY CASH MILEAGE REIMB /LEVO 183.75 JPMORGAN CHASE BANK ISCS- REGISTRATION FEES 570.00 JPMORGAN CHASE BANK SOUTHWEST- AIRFARE 524.00 JPMORGAN CHASE BANK MEETING EXPENSE 27.77 VERIZON WIRELESS WIRELESS CONNECTION 29.65 BAILEY EDUCATION FOUNDATION ECONOMIC SUMMIT FACILTY 1,280.00 TOTAL ECONOMIC DEV 3,165.31 FUND GRAND TOTAL 100,277.3 Page 7 Claims List 4/21/2015 Budget Unit Title Vendor Name Payable Description Payment Amount AMBULANCE SERVICE JAMERICAN MUNICIPAL SERVICES CORP. ICOLLECTION SERVICES 222.88 TOTAL AMBULANCE SERVICE 222.88 AMBULANCE JPMORGAN CHASE BANK SAFE KIDS - ANNUAL RECERT 5700 JPMORGAN CHASE BANK HENRY SCHEIN- SUPPLIES 1,447.96 JPMORGAN CHASE BANK PSI - SUPPLIES 249.66 JPMORGAN CHASE BANK LOWES -TOOLS 12.22 JPMORGAN CHASE BANK TOTAL RETURNS - EXPIRED SUB 302.50 JPMORGAN CHASE BANK WORLDPOINT- TRAINING DVD 168.95 JPMORGAN CHASE BANK GREEN CO MED- DISPOSAL 260.00 JPMORGAN CHASE BANK GREEN CO MED- DISPOSAL 325.00 CITY GARAGE LABOR & OVERHEAD - APRIL, 918.00 CITY GARAGE VEHICLE PARTS PURCH - MAR 56.14 JPMORGAN CHASE BANK PHARM SYSTEMS - SUPPLIES 130.00 JPMORGAN CHASE BANK SOVEREIGN MED- SUPPLIES 618.00 JPMORGAN CHASE BANK QUADMED- SUPPLIES 13.54 JPMORGAN CHASE BANK QUADMED- SUPPLIES 178.50 JPMORGAN CHASE BANK QUADMED- SUPPLIES 195.75 JPMORGAN CHASE BANK FULLERTON- OXYGEN 43.50 JPMORGAN CHASE BANK FULLERTON- SUPPLIES 43.50 JPMORGAN CHASE BANK CONRAD- AMBULANCE PARTS 276.95 JPMORGAN CHASE BANK LOWES- HARDWARE 16.43 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MARCH, 1,612.31 VERIZON WIRELESS IWIRELESS CONNECTION 238.67 TOTAL AMBULANCE 7,157.58 FUND GRAND TOTAL 7,380.4 E911 COMMUNICATIONS JPMORGAN CHASE BANK ITOTAL RADIO -RADIO MAINT 285.00 TOTAL E911 COMMUNICATIONS 285.00 FUND GRAND TOTAL 28.0 HOTEL TAX - ECON DEV JPMORGAN CHASE BANK LODGING EXPENSE 340.54 JPMORGAN CHASE BANK TRAVELEXPENSE 60.40 REGIONTRACK, INC. 2015 ECONOMIC FORECAST 5,000.00 JPMORGAN CHASE BANK TRAVEL EXPENSE 8.39 JPMORGAN CHASE BANK TRAVEL EXPENSE 30.00 TOTAL HOTEL TAX - ECON DEV 5,439.33 STRONG NEIGHBORHOODS CITY GARAGE LABOR & OVERHEAD- APRIL, 75.00 JPMORGAN CHASE BANK HOBBY LOBBY -OSNI MATERIAL 20.94 Page 8 Claims List 4/21/2015 Budget Unit Title I Vendor Name I Payable Description PaymentAmount STRONG NEIGHBORHOODS.. JPMORGAN CHASE BANK IHOBBY LOBBY- SUPPLIES 4.19 TOTAL STRONG NEIGHBORHOODS 100.13 FUND GRAND TOTAL 5,539.4 STORMWATER - STORMWATE JPMORGAN CHASE BANK HD SUPPLY - SUPPLIES 442.00 JPMORGAN CHASE BANK WINFIELD- CHEMICALS 1,919.86 JPMORGAN CHASE BANK GNC- DRAINAGE END PIECES 1,978.00 SPIRIT LANDSCAPE MANAGEMENT LLC MONTHLY LANDSCAPE MAINTEN 216.25 SPIRIT LANDSCAPE MANAGEMENT LLC MONTHLY LANDSCAPE MAINTEN 410.00 MESHEK &ASSOCIATES, P.L.C. ENGINEERING SERVICES 12,174.88 TOTAL STORMWATER- STORMWATER 17,140.99 FUND GRAND TOTAL 17,140.9 PUBLIC SAFETY - FIRE JPMORGAN CHASE BANK CONRAD FIRE -DRU EQUIPMENT 996.75 JPMORGAN CHASE BANK ADVANCE AUTO -DRU EQUIPMEN 40.17 JPMORGAN CHASE BANK CORNERSTONE -DRU EQUIPMENT 22.99 JPMORGAN CHASE BANK BONZAGEAR -DRU EQUIPMENT 160.00 JPMORGAN CHASE BANK HOME DEPOT -DRU EQUIPMENT 32.94 JPMORGAN CHASE BANK HOME DEPOT -DRU EQUIPMENT 109.84 JPMORGAN CHASE BANK LOWES -DRU EQUIPMENT 105.83 JPMORGAN CHASE BANK ATWOODS -DRU EQUIPMENT 55.16 JPMORGAN CHASE BANK ATWOOD -DRU EQUIPMENT 302.30 JPMORGAN CHASE BANK WILLIAMSON- CREDIT -21.51 JPMORGAN CHASE BANK NORTHERN SAFETY -DRU EQUIP 465.81 JPMORGAN CHASE BANK TOTAL RADIO - SHIPPING 27.00 JPMORGAN CHASE BANK NORTHERN SAFETY -DRU EQUIP 83.34 JPMORGAN CHASE BANK SAMS CLUB -DRU EQUIPMENT 16.48 JPMORGAN CHASE BANK OREILLY -DRU EQUIPMENT 64.11 JPMORGAN CHASE BANK MOOSEJAW -DRU EQUIPMENT 169.95 JPMORGAN CHASE BANK TOTAL RADIO -DRU EQUIPMENT 472.00 JPMORGAN CHASE BANK WILLIAMSON -DRU EQUIPMENT 251.84 JPMORGAN CHASE BANK WILLIAMSON- DICKIE -DRU EQU 59.17 JPMORGAN CHASE BANK OK POLICE -DRU EQUIPMENT 64.99 JPMORGAN CHASE BANK OK POLICE SPLY -DRU EQUIP 1,06186 JPMORGAN CHASE BANK OK POLICE SUPPLY -DRU EQUI 1,669.74 JPMORGAN CHASE BANK LOWES -DRU EQUIPMENT 92.85 TOTAL PUBLIC SAFETY - FIRE 6,305.61 FUND GRAND TOTAL 6,305.61 Page 9 Claims List 4/21/2015 Budget Unit Title Vendor Name Payable Description PaymentAmount CI - FBO BUILDING BKL INCORPORATED ARCHITECTURAL /ENGINEERING 11,200.00 TOTAL CI - FBO BUILDING 11,200.00 TRANSPORTATION MSTR PLF C. H. GUERNSEY & COMPANY JENGINEERING SERVICES 38,253.74 TOTAL TRANSPORTATION MSTR PLAN 38,253.74 FUND GRAND TOTAL 49,453.7 CITY GARAGE JPMORGAN CHASE BANK BUMPER TO BUMPER -PARTS 81.60 JPMORGAN CHASE BANK CLASSIC CHEV -PARTS RESALE 58.65 JPMORGAN CHASE BANK UNITED FORD -PARTS RESALE 730.19 JPMORGAN CHASE BANK UNITED FORD -PARTS RESALE 44.72 JPMORGAN CHASE BANK CLASSIC CHEV -REAR BRAKES 331.80 JPMORGAN CHASE BANK CLASSIC CHEV- MASTER CYL 873.14 JPMORGAN CHASE BANK B & M -PARTS RESALE 1,345.12 GIL SAURER OBA PHOENIX RECYCLING RECYCLING OF USED OIL 25.00 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 32.04 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 32.04 JPMORGAN CHASE BANK OCT EQUIPMENT -DOOR SHOCK 112.85 JPMORGAN CHASE BANK ROBINSON -REAR WINDOW 150.00 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 270.30 JPMORGAN CHASE BANK ISUMPER TO BUMPER - SWITCH 76.50 TOTAL CITY GARAGE 4,163.95 FUND GRAND TOTAL 4,163.9 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WC SETTLEMENT PAYMENTS 323.00 CITY OF OWASSO IMPREST ACCOUNT WC SETTLEMENT PAYMENTS 359.00 CITY OF OWASSO IMPREST ACCOUNT WC SETTLEMENT PAYMENTS 323.00 CITY OF OWASSO IMPREST ACCOUNT WC SETTLEMENT PAYMENTS 359.00 TOTAL WORKERS' COMP SELF -INS 1,364.00 WORKERS' COMP SELF -INS UNITED SAFETY & CLAIMS INC UNITED SAFETY & CLAIMS WC 1,658.33 CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST AC 800.00 CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST AC 3,543.10 CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST AC 2,583.90 CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPRESTAC 5,553.58 TOTAL WORKERS' COMP SELF -INS 14,138.91 FUND GRAND TOTAL 15,502.91 GEN LIAB -PROP SELF INS JJPMORGAN CHASE BANK MEEKS GROUP - VEHICLE REPAI 100.00 Page 10 Claims List 4/2 112 01 5 Page 11 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 4121115 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE ADMIN FEES DENTAL DEPT TOTAL VSP VISION MEDICAL SERVICES VISION DEPT TOTAL HEALTHCARE SELF INSURANCE FUND TOTAL AMOUNT 21,153.32 110.18 68, 571.80 51,387.27 141,222.57 5,788.80 5,930.40 2,443.43 14,162.63 1,786.34 1.786.34 157,171.54 CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 04/04115 Department Payroll Expenses Total Expenses Municipal Court 5,189.57 7,358.08 Managerial 20,323.97 28,705.33 Finance 15,003.33 22,855.66 Human Resources 7,714.92 12,670.34 Community Development 12,713.67 19,934.53 Engineering 14,076.06 21,567.00 Information Systems 13,030.35 19,766.03 Support Services 7,357.93 11,433.43 Police 127,214.55 188,754.45 Central Dispatch 15,704.71 26,429.07 Animal Control 3,168.10 4,802.56 Fire 106,486.21 162,394.08 Emergency Preparedness 1,653.00 2,356.16 Streets 7,462.49 12,599.42 Stormwater /ROW Maint. 5,638.85 8,905.60 Park Maintenance 11,021.37 16,860.21 Community- Senior Center 4,222.05 6,451.77 Historical Museum 654.40 734.75 Economic Development 3,205.00 4,189.04 General Fund Total 381,840.53 578,767.51 Garage Fund Total 4,487.60 7,315.65 Ambulance Fund Total 28,900.16 44,200.97 Emergency 911 Fund Total 1,840.08 3,143.39 Stormwater Fund 27 Total - Worker's Compensation Total 4,384.65 5,249.61 Strong Neighborhoods 3,742.83 5,343.39 CITY OF OWASSO GENERALFUND FISCAL YEAR 2014 -2015 Budgetary Basis Statement of Revenues & Expenditures As of March 31, 2015 EXPENDITURES Personal services MONTH YEAR $ 15,683,049 PERCENT Materials & supplies TO -DATE TO -DATE BUDGET OFBUDGET Other services REVENUES: 1,218,646 1,747,160 69.75% Capital outlay Taxes $ 1,952,931 $ 18,628,637 $ 24,009,125 77.59% Licenses & permits 22,569 166,011 258,900 64.12% Intergovernmental 78,687 758,026 1,009,274 75.11% Charges for services 46,513 380,004 488,260 77.83% Fines & forfeits 59,338 562,213 697,353 80.62% Other 9,130 94,154 87,060 108.15% TOTAL REVENUES $ 2,169,167 77.55% $ 20,589,044 $ 26,549,972 EXPENDITURES Personal services $ 1,154,898 $ 11,026,523 $ 15,683,049 70.31% Materials & supplies 89,866 587,082 883,913 66.42% Other services 105,069 1,218,646 1,747,160 69.75% Capital outlay 45,899 544,751 1,508,049 36.12% TOTAL EXPENDITURES $ 1,395,732 $ 13,377,002 $ 19,822,171 67.49% REVENUES OVER EXPENDITURES $ 773,435 $ 7,212,042 $ 6,727,801 1.00% TRANSFERS IN (OUT) Transfers in $ 1,224,659 $ 10,960,042 $ 14,330,000 76.48% Transfers out (1,830,454) (17,246,846) (22,550,000) 76.48% TOTAL TRANSFERS $ (605,795) $ (6,286,804) $ (8,220,000) 76.48% NET CHANGE IN FUND BALANCE $ 167,640 $ 925,238 $ (1,492,199) FUND BALANCE (Budgetary Basis) Beginning Balance 2,811,625 2,811,625 Ending Balance $ 3,736,864 $ 1,319,426 O—T City Wit lout Limifs. TO: The Honorable Mayor and City Council City of Owasso FROM: Karl Fritschen Chief Urban and Long Range Planner SUBJECT: Ordinance 1050 DATE: April 17, 2015 BACKGROUND On March 17, 2015 City Council considered the annexation (OA- 15 -01) for a 16.21 acre tract located in the northwest corner of E. 861h St. N. and N. Mingo Rd. The Council voted unanimously to approve the annexation of the property with an AG (Agriculture) zoning designation. The attached ordinance officially annexes the subject property, codifying the action taken by the City Council on March 17, 2015. RECOMMENDATION: Staff recommends approval of Ordinance 1050 approving the annexation of property located in the northwest corner of E. 861h St. N. and N. Mingo Rd. ATTACHMENTS: Ordinance 1050 Map CITY OF OWASSO, OKLAHOMA ORDINANCE 1050 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY, OF SECTION 24, TOWNSHIP 21 NORTH, RANGE 13 EAST OF THE I.B. & M, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, PROVIDED THAT FROM AND AFTER THE PASSAGE AND PUBLICATION OF THIS ORDINANCE THAT ALL OF THE REAL PROPERTY WITHIN SAID TERRITORY HEREIN DESCRIBED SHALL BE A PART OF THE CITY OF OWASSO, OKLAHOMA, AND FURTHER DECLARING THAT ALL PERSONS RESIDING THEREIN SHALL BE SUBJECT TO THE JURISDICTION, CONTROL, LAWS, AND ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA ESTABLISHING THE SAME AS PART OF WARD TWO OF SAID CITY AND DIRECTING THE FILING OF THIS ORDINANCE, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, public hearings have been held regarding the request for annexation of the property herein described, and WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Annexation Committee, the Owasso Planning Commission and all statements for or against the requested annexation the property referenced in application OA- 15 -01. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION ONE (1): A tract of land BEGINNING at the Southeast corner of Section Twenty -four (24), Township Twenty -one (21) North, Range Thirteen (13) East; Thence North for 1,318.21 feet; Thence West for 811.17 feet to the right -of -way of the Atchison, Topeka and Santa Fe Railway; Thence in a Southeasterly direction along the East side of the right -of -way to a point 303.67 feet West of the Southeast corner of said Section 24; Thence East for 303.67 feet to the POINT OF BEGINNING; being all that portion of the South Half of the Southeast Quarter (S' /z SE' / ) of Section (24), lying East of the Atchison, Topeka and Santa Fe Railway right -of -way, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof; being more particularly described as follows: LESS AND EXCEPT A tract of land that is part of the Southeast Quarter (SE' /<) of Section 24, Township 21 North, Range 13 East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government survey thereof, said tract of land being described as follows: Commencing at the Southeast Corner of said Section 24; Thence South 88 041'35" West along the South line of said Section 24 a distance of 303.67 feet to the East right -of -way line of the Atchison, Topeka and Santa Fe Railway; Thence North 22 °28' 18 "West along said right -of -way a distance of 17.65 feet to the POINT OF BEGINNING of said tract of land; Thence North 88° 41'35" East parallel with and 16.50 feet North of the South line of said Section 24 a distance of 294.73 feet; Thence North 010 17'59" West parallel with and 16.50 feet West of the East line of said Section 24 a distance of 518.50 feet; Thence South 88 °41'35" West a distance of 33.50 feet; Thence South 010 17'59" East a distance of 450.00 feet; Thence South 43 041'48" West a distance of 35.36 feet; Thence South 88 041'35" West a distance of 253.87 feet to the East right -of -way line of said Atchison, Topeka and Santa Fe Railway; Thence South 22128'18" East along said right -of -way a distance of 46.55 feet to the POINT OF BEGINNING. Said tract is approximately 16.21 acres in size. be, and the some is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, and the corporate limits thereof be and are hereby extended to include the above described territory and real estate and the same is hereby zoned AG (AGRICULTURAL). SECTION TWO (2): That from and after the passage and publication of this Ordinance, the real estate and territory described in Section 1 hereof shall be a part of the City of Owasso, Oklahoma, and in Ward Two thereof, and all persons residing therein, and all property situated thereon, shall be and are hereby declared to be subject to the jurisdiction, control, laws, and ordinances of the City of Owasso, Oklahoma, in all respects and particulars. SECTION THREE (3): All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION (4): If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION FIVE (5): The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION SIX (6): That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance and correct map of the territory annexed. PASSED AND APPROVED this 21st day of April, 2015. Jeri Moberly, Mayor ATTEST: Sherry Bishop, City Clerk (SEAL) APPROVED AS TO FORM: Julie Lombardi, City Attorney 17' NORTH LINE S/2 SE /4 Z N 02- r, O y� � try A fl 1 -5 o � z CIN �G 16.5' STATUTORY I I I —P-{ RIGHT OF WAY w I W Iz J ry ENO LESS & EXCEPT I�= TRACT I p! o Z 50' 16.5" STATUTORY RIGHT OF WAY SE OKLAHOMA 303.67' EAST 86TH STREET NORTH -13 T ut Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Jason Woodruff Deputy Chief of Police SUBJECT: Surplus Equipment DATE: April 17, 2015 BACKGROUND: This item is a request to "declare surplus" nine vehicles previously in use by the Owasso Police Department. By city ordinance, surplus or obsolete supplies, materials or equipment valued at more than $500 must be declared surplus by the City Council before they are sold. Items valued at $500 or less may be declared surplus by the city manager. Surplus items valued at over $1,500 must be offered for bid or auction. The nine vehicles in question are obsolete for use in the police department due to mechanical and cosmetic related issues. These vehicles are not suitable for transfer to another City department. It is difficult to place an exact value on each vehicle; therefore, the intent is to offer these vehicles through online auction. Offering the vehicles through auction ensures compliance with City ordinance in the event one or more of the vehicles sells for more than $1,500. RECOMMENDATION: Staff recommends that Council declare as surplus the following nine vehicles: 1997 Ford Crown Victoria 1998 Ford Crown Victoria 1998 Dodge Caravan 2000 Chevrolet Impala 2000 Chevrolet Impala 2003 Ford Crown Victoria 2003 Ford Crown Victoria 2003 Ford Crown Victoria 2003 Ford Crown Victoria VIN 2FALP71 W7VX224272 VIN 2FALP71 W2VX214362 VIN IB4GP44G2WB638057 VIN 2G1 WF55K2Y9303338 VIN 2G1 WF55KOY9308778 VIN 2FAFP71 W43X152067 VIN 2FAFP71 W43X152070 VIN 2FAFP71 W63X152068 VIN 2FAFP71 WX3X152073 The City Wit out limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Teresa Willson Information Technology Director SUBJECT: Capital Improvements Project Determination DATE: April 17, 2015 BACKGROUND: Adopted by the City Council in September 2003, Resolution 2003 -14 establishes the procedure for amending the list of capital improvement projects eligible to receive funding from the Capital Improvements Fund, also known as the permanent third -penny sales tax. This procedure includes a recommendation from the Owasso Capital Improvement Committee, followed by a public hearing before the Council may adopt a resolution amending the project listing. The Capital Improvements Committee conducted a public meeting on February 24, 2015, to consider a proposed amendment to the list of projects proposed to be funded by the third - penny sales tax. The City Council conduct's a public hearing to receive and consider citizen input relevant to the recommendation made by the Capital Improvements Committee. Notice of the public hearing must be made no less than five days prior to the public hearing. At the conclusion of the public hearing, the City Council must continue the matter for at least two weeks before taking any action to amend the listing of projects. Any action taken by the City Council to amend the current list of projects must be made by adopting a resolution. CURRENT PROJECT PRIORITIES: Adopted December 2, 2014, Resolution 2014 -15 designated the following list of projects as eligible for funding from the Capital Improvements Fund: • East 861h Street North Widening Project (Main to Memorial) • East 106th Street North and North Garnett Road Intersection Improvements • East and West Service Roads between E. 661h Street North and E. 1261h Street North • East 761h Street North Widening Project from Hwy 169 to N. 1291h East Avenue • Sports park Vehicle Maintenance Facility • Main Police Station /City Hall • East 96th Street North & North 129th East Avenue Infrastructure Improvements • Annual Street Rehabilitation Program • Garnett Road Widening Project from E. 961h Street North to E. 106th Street North • Elm Creek Park Improvements • Transportation Master Plan • East 116 Street North and North 129 East Avenue Intersection Improvements • Intersection Traffic Signal Improvements Highway 20 and North 140 East Avenue • Replacement Fire Engine RADIO SYSTEM UPGRADES: The City of Owasso's current radio system has been in place since a rebanding initiative in 2006. Last year, Motorola issued a Letter of Intent announcing the equipment would be discontinued and no longer supported after the calendar year 2017. The City's existing radio equipment will not communicate with tower sites being converted under an initiative called Project 25. The Project 25 initiative is being undertaken by most local and state agencies. While the City's equipment is capable of being converted to meet Project 25 standards at a cost of $200,000, the City's radios would be obsolete within two years. Therefore, the City should upgrade all radio equipment to be supported for repairs and to be compatible with Project 25. The proposed upgrade of radio equipment would include replacement of all tower -based equipment base stations, routers, switches, controllers, and transmission lines. At the Dispatch facility, the upgrade would require replacement of all the consolette workstations, along with associated microphones and speakers. The upgrade would also include the replacement of all mobile and handheld subscriber units totaling approximately 365 radios. The estimated project total cost is $2.9 million. This cost is based on the City's continued use of the current tower site. CAPITAL IMPROVEMENTS COMMITTEE RECOMMENDATION: On February 24, 2015, the Capital Improvements Committee held a Special Meeting in accordance with the Oklahoma Open Meeting Act and City Council Resolution 2003 -14. The purpose of the meeting was to consider a recommendation to the City Council to amend the current list of projects funded through the Capital Improvements Fund. Committee members discussed radio system upgrades. At the conclusion of the meeting, the Capital Improvements Committee voted unanimously to submit a recommendation to the Owasso City Council amending the project list to include Radio System Upgrades, PUBLIC HEARING: In accordance with the procedure for amending the capital improvement projects list, the City Council must conduct a public hearing to receive and consider citizen input relevant to the recommendation made by the Capital Improvements Committee. Notice of the public hearing was published in the Owasso Reporter, April 9, 2015, as required by Resolution 2003 -14, as well as posted to the Public Notices section of the City website. The public hearing is scheduled to be conducted on April 21, 2015. ATTACHMENT: Memorandum to Owasso Capital Improvement Committee for Radio System Upgrades a TO: Capital Improvements Committee City of Owasso FROM: Larry White Support Services Director SUBJECT: Upgrade of City Radio System DATE: February 20, 2015 BACKGROUND: The City of Owasso's radio equipment has been in place since a rebanding initiative in 2006. Last year Motorola issued a Letter of Intent announcing the equipment would be discontinued and no longer supported after the calendar year 2017. The City's radio equipment also will not communicate with tower sites being converted to Project 25 status. The Project 25 initiative is being undertaken by most local and state agencies. While the City's equipment is capable of being converted to meet Project 25 standards at a cost of $200,000, the City's radios would still be obsolete in two years. Therefore, the City needs to upgrade all of the City's radio equipment to obtain equipment which will be supported for repairs and which will be compatible with Project 25. SCOPE OF WORK: The proposed upgrade of radio equipment to Project 25 standards would include replacement of all tower -based equipment base stations, routers, switches, controllers, and transmission lines. At the Dispatch facility the upgrade would require replacement of all the consolette workstations, along with associated microphones and speakers. The upgrade would also include the replacement of all mobile and handheld subscriber units totaling approximately 365 radios. The estimated project total cost is $2.9 million. This cost is based on the City's continued use of the current tower site. EXPLANATION OF PROJECT 25 AND INTEROPERABILITY: Project 25 (P25) is a user driven set of system standards that define digital radio communications system architectures capable of serving the needs of Public Safety and Government organizations. This set of standards was produced through the joint efforts of the Association of Public Safety Communications Officials International (APCO), the National Association of State of Telecommunications Directors (NASTD), selected Federal Agencies and the National Communications System (NCS), and standardized under the Telecommunications Industry Association (TIA). Project 25 was initiated as a collaborative effort by public safety agencies and manufacturers to address the issue with emergency communication systems with radio systems which are incompatible and inoperable in a jurisdiction and departments within the same community. It is a project to insure that two -way radios are interoperable within the same frequency band. (Interoperability is defined as the capability of two unassociated entities operating within the same frequency band to communicate and interact with each other.) The goal of Project 25 is to enable public safety responders to communicate with each other achieving enhanced coordination, timely response, and efficient and effective use of communications equipment. One of the most serious problems during disaster events is poor communication due to lack of appropriate and efficient means to collect, process and transmit important and timely information. FUNDING: This upgrade project meets the standards for funding as a capital improvement. RECOMMENDATION: Staff recommends approval to add the upgrade of the City's radio system to the Capital Improvement priority list. rII' To: The Honorable Mayor and City Council City of Owasso From: Teresa Willson Information Technology Director Subject: Resolution 2015 -08 Vision 2025 Excess Funds Projects Date: April 17, 2015 BACKGROUND: In late 2014, the Tulsa County Vision Authority approved a resolution that states Owasso is eligible to receive excess Vision 2025 funds totaling $6,882,761. The Vision 2025 tax was approved by Tulsa County voters on September 9, 2003. This one penny increase in Tulsa County sales tax was approved in four propositions for regional economic development and capital improvements. Proposition It 1 was intended for Boeing when it was considering locating in Tulsa and, although approved, it never went into effect because Boeing selected a location other than Tulsa. Therefore, the remaining sales tax for approved propositions 2 - 4, totaling six - tenths of a penny is currently being collected for Vision 2025. Funding for the original approved projects has been collected, and excess funds are now becoming available. Previously, funding for the BOK Center and the Cox Convention Center projects was increased by $45,500,000. At that time, it was determined that the first $45,500,000 in excess funds collected would be distributed to the remaining communities in Tulsa County. The Vision Authority used 2013 census estimates to determine by population the amounts available for each community. The Authority further determined cities may submit projects proposals from December 1, 2014 through June 1, 2015. PROPOSITIONS FOR ELIGIBLE FUNDING As stated in the background, Proposition # 1 did not go into effect, leaving three remaining propositions. The propositions and funding for each that is now coming available to Owasso are: Proposition #2 - $457,056 Available to fund capital improvements for the purpose of promoting economic development Proposition #3 - $2,496,320 Available to fund educational, health care, and events facilities for the purpose of promoting economic development Proposition #4 - $3,929,385 Available to fund capital improvements for community enrichment, including parks, trails, downtown and neighborhoods Proposition funding cannot be combined, and projects cannot span multiple propositions. The projects will be considered for approval by the Tulsa County Vision Authority. The Authority has advised communities to bring forth projects that exceed the available funding to ensure the utilization of all the Vision funds without any balances remaining. The Authority is comprised of the Tulsa County Commissioners, and mayors from Tulsa, Broken Arrow, Jenks and Glenpool. While the propositions appear to encompass very broad purposes (economic development and community enrichment), cities have been advised that projects must be capital projects that meet the original definitions of the propositions and the intent of the voters who passed Vision 2025 in the 2003 election. PROCESS: The process Owasso determined best for recommending projects was to first utilize the body responsible for considering capital improvement projects, the Owasso Capital Improvement Committee. Prior to presenting proposed projects to the City Council, staff has sought public input on the projects. The Owasso Capital Improvement Committee approved a recommendation of projects on February 24, 2015. Then on March 2, 2015, a public input meeting was conducted that was lightly attended with approximately 12 residents. Comments at the meeting regarding the proposed projects were favorable. Since the meeting, both online and through email, additional desires have been received, the most notable being an outdoor pool. Once the Owasso City Council has taken action on the recommendation, projects will be submitted to the Tulsa County Vision Authority, via INCOG and PMG, acting as intermediary for the Authority. The Authority will conduct a public hearing and take action on the projects. Upon approval by the Vision Authority, Tulsa County and the City of Owasso will enter into an agreement that will clarify the requirements for project status reports, reimbursement and any other considerations necessary for the successful completion of the projects. The Owasso Economic Development Authority was presented information on the projects on March 12, 2015, and subsequently approved a motion to endorse the projects. FUNDING: Some funds may be available immediately, as needed by communities, and according to the current fund balance for the Vision 2025 sales tax. Cities may seek reimbursement by submitting invoices according the requirements as stated in the agreement with the County. If needed, Cities may seek to utilize a bond through the County to provide funding for projects. Project expenses that exceed the funding approved by the Authority will be the responsibility of the City. CONSIDERATIONS: These recommendations are being made based on the qualifying criteria and intent of the voters as determined by the propositions' definitions, as well as input from Owasso citizens and the resulting data that has been collected over the past 13 -14 years. The Authority has consistently communicated to cities that projects need to fit the proposition language and intent of the original Vision 2025 sales tax as approved by voters. Three major studies have occurred that consistently reinforced the need for community amenities that enrich the lives of our residents and impact the economic growth of our community. In addition to these studies, each year the Capital Improvement Committee reviews a comprehensive list of needs to identify future capital projects for the city. The studies and this list have served as resources for developing recommended projects. The Owasso Downtown Development District Conceptual Plan and Implementation Strategy was completed in 2001, and lay the groundwork for improvements made along Main Street that have resulted in a more active and vibrant downtown. Only one historic building remains in the downtown area, now home to the Owasso Historic Museum. Vital to the area is the preservation of this building, and retaining anchor buildings, including the existing City Hall, future City Hall, and the Owasso Library. Downtown has seen increased activity in recent years with several small shops opening in the area. The Gathering on Main downtown festivals have brought thousands of visitors to the area for events held from spring to fall. The recently proposed Owasso Downtown Overlay District will promote quality growth, ensure investments made by current and future developers will maintain property values in not only downtown but the entire original town area, and help create a sense of place for residents. The Owasso Quality of Life Study completed in 2010, solicited and received input from residents through public meetings, and online civic engagement and surveys to determine the amenities residents most wanted to see develop in Owasso to provide not only a high quality of life for those who currently live here, but to keep young residents from leaving, and to attract quality jobs. The results show that residents desire community amenities that promote healthy lifestyles, fitness and wellness. They desire trails, expanded youth sports opportunities, and streets that accommodate pedestrians, bicycles, and cars. There were many findings in the Quality of Life study that provide guidance for the development of projects, including those being submitted for the Vision 2025 excess funds. The 2030 Land Use Master Plan, entitled GrOwasso, was adopted by the Owasso City Council in 2014. This master plan provides a blueprint for growth and development in the City of Owasso over the next 20 years. The Plan is a long term general guide for a desired future development pattern in Owasso. It takes into account input from residents, businesses, land holders, school officials, and other stakeholders in the community. PROJECTS: Proposition #2: The recommended project is intersection improvements at East 19 +h Street and North Garnett Road. This project is being sought for Vision funding as it is the result of the development agreement between the City and the developer building Academy Sports and Outdoors. This project meets the criteria as a capital improvement for the purpose of promoting economic development. At this time, staff estimates this project at $460,000. Proposition #3: Capital improvements to the Owasso Sports Complex are being recommended for this proposition. Each year, thousands of visitors utilize the City's sports park resulting in a significant economic impact from shopping, dining and lodging in Owasso. Improvements to parking lots, lighting and spectator areas will have a significant impact in the ability to host tournaments at the park, thus, increasing the economic benefit to our community. These projects meet the criteria as capital improvements to events facilities for the purpose of promoting economic development. Staff has estimated these projects at $2,585,000. Proposition #4: There are three projects being proposed for this proposition. The first project is Downtown Improvements. Intersection improvements at East 761h Street North and Main Street are a continuation of the original improvements to the downtown area and recommended in this project. The development of a downtown Festival Market Place is another feature of this project. These projects meet the criteria for downtown improvements according to the proposition. The current estimate for this project is $2,100,000. The second project being proposed for Proposition #4 is trails. The first proposed trail is the Ranch Creek Trail and extends from East 76th Street.North near Mingo Road, through a wooded area of land donated to the City, to McCarty Park. The second proposed trail is the Heart Healthy 5K Trail to be located at the Owasso Sports Complex. This trail will allow residents to utilize on a daily basis, as well as serve as a location for community sponsored 5K events. These projects meet the criteria for trails according to the proposition. The current estimate for this project is $1,130,000. The third and final project for Proposition #4 is the Quality Park Improvement Project for Owasso neighborhoods. This project includes several upgrades and additions to City parks that serve as a community enrichment and as a regional draw, such as the Skate Park, Rayola Park, proposed Dog Park, and the Owasso Sports Park. The goal of this project is to improve existing facilities and bring amenities expressed as a desire by residents through our Quality of Life study of 2010, and the 2030 Land Use Master Plan, adopted in 2014. Amenities that improve the quality of life of its residents are also shown to be a significant consideration for companies in the selection of a community in which to locate corporate offices. Owasso and the Tulsa Chamber were successful in attracting Macy's to the area, but there are many businesses that have passed on locating in this region. These improvements will provide a much needed boost in assisting in attracting new jobs to the area. The improvements in this project include: Feature Spray Park at the Owasso Sports Complex Extension and improvements to the spray pad at Rayola Park Dog Park Skate Park lighting Replacement shelter at Elm Creek Park This project meets the criteria for community enrichment and neighborhoods according to the proposition. Staff estimate for this project is $1,250,000. RECOMMENDATION Staff recommends approval of Resolution 2015 -08 to submit listed projects to utilize funding from Vision 2025 excess funds, as approved by the Tulsa County Vision Authority. Proposition #2: Intersection Improvements at East 19th Street and North Garnett Road Proposition #3: Sports Complex Improvements Proposition #4: Downtown Improvements Trails Neighborhoods - Quality Park Improvement Project ATTACHMENTS: Resolution 2015 -08 Vision Authority Resolution CITY OF OWASSO OKLAHOMA RESOLUTION 2015 -08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO OKLAHOMA RECOMMENDING PROJECTS FOR VISION 2025 EXCESS FUNDS WHEREAS, on the Sih day of November 2014, the Tulsa County Vision Authority approved a resolution providing a process for the distribution of excess Vision 2025 sales tax funds for cities in Tulsa County; and WHEREAS, the Tulsa County Vision Authority determined Owasso shall be eligible to receive not less than $6,882,761 in funding to be distributed among three propositions: Proposition #2- $457,056 Available to fund capital improvements for the purpose of promoting economic development Proposition #3- $2,496,320 Available to fund educational, health care, and events facilities for the purpose of promoting economic development Proposition #4 - $3,929,385 Available to fund capital improvements for community enrichment, including parks, trails, downtown and neighborhoods; and WHEREAS, the City Council after having received a recommendation from the Capital Improvements Committee that the following projects be submitted to the Tulsa County Vision Authority for consideration for funding through excess Vision 2025 sales tax: Proposition #2: Intersection Improvements at East 19th Street and North Garnett Road Proposition #3: Sports Complex Improvements Proposition #4: Downtown Improvements Trails Neighborhoods - Quality Park Improvement Project NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO OKLAHOMA that: The projects heretofore designated be submitted to the Tulsa County Vision Authority for consideration as eligible for excess funding through the Vision 2025 sales tax, to wit, Proposition #2, Intersection Improvements at East 19th Street and North Garnett Road; Proposition #3, Sports Complex Improvements, and Proposition #4, Downtown Improvements, Trails, Neighborhoods Quality Park Improvement Project. DATED this 21st day of April, 2015 Jeri Moberly, Mayor ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney ,H.; ; r a ,l, s > n a Notice of this special meeting of the Authority having been given in writing to the County Clerk of Tulsa County, Oklahoma, forty eight (48) hours prior to said meeting and public notice and agenda of this meeting having been posted in prominent view in the Tulsa County Administration Building, Tulsa, Oklahoma, twenty-four (24) hours prior to this meeting, excluding Saturdays, Sundays and legal holidays, all in compliance with the Oklahoma Open Meeting Act. THEREUPON, a Resolution was introduced and read in f d and considered by sections. Upon motion of Trustee -d&AdMftd. seconded by Trustee the Resolution was finally passed with the following vote: NAY: The Resolution was thereupon signed by the Chairman of Trustees of the Authority and attested and sealed with the seal of the Authority by the Secretary of Trustees and is as follows: 14113.1 RESOLUTION A RESOLUTION ESTABLISHING THE PROCESS TO BE IMPLEMENTED BY THE AUTHORITY RELATING TO THE FUNDING OF ADDITIONAL PROJECTS WITH EXCESS FUNDS GENERATED FROM THE TULSA COUNTY SALES TAX APPROVED SEPTEMBER 9, 2003, IN PROPOSITIONS 24, INCLUSIVE; AUTHORIZING SUCH DOCUMENTS AND AGREEMENTS AS MAY BE NECESSARY OR REQUIRED; AND CONTAINING OTHER PROVISIONS RELATING THERETO. WHEREAS, the Authority was created by a Declaration of Trust, dated as of June 26, 2006, for the use and benefit of Tulsa County, Oklahoma (the "County"), the City of Tulsa, the City of Bixby, the City of Broken Arrow, the City of Collinsville, the City of Glenpool, the City of Jenks, the City of Owasso, the City of Sand Springs, the City of Skiatook and the Town of Sperry under authority of and pursuant to the provisions of Title 60, Oklahoma Statutes 2011, Section 176 to 180.3, inclusive, as amended and supplemented, and other applicable statues of the State of Oklahoma; and WHEREAS, the Authority was created for the purpose, among others, to determine which additional projects shall be funded with excess funds generated from the Tulsa County sales tax approved September 9, 2003, in Propositions 2-4, inclusive, (the "Vision Sales Tax ") as provided in Section 8 of each of the three Board of County Commissioners Resolutions adopted July 7, 2003, calling such Tulsa County sales tax election relating to Propositions 2-4 inclusive; and WHEREAS, the Authority has previously increased the funding to the City of Tulsa, Oklahoma for the purpose of completing the BOK Center and Cox Convention Center projects by $45,500,000.00 and in connection therewith it was determined that the next $45,500,000.00 in excess Vision Sales Tax would be allocated by the Authority to the remaining beneficiary communities of Tulsa County; and WHEREAS, the Board of County Commissioners by resolution dated October 27, 2014, have determined that there will exist excess funds generated by the Vision Sales Tax in an amount of at least Forty Five Million Five Hundred Thousand and no/100s Dollars ($45,500,000.00); and WHEREAS, the Authority has determined to establish the process by which the next $45,500,000.00 of excess funds of the Vision Sales Tax will be allocated to projects for the benefit of the beneficiary communities of Tulsa County. BE IT RESOLVED BY THE TRUSTEES OF THE TULSA COUNTY VISION AUTHORITY: Section i. The Authority hereby determines that the $45,500,000.00 in excess Vision Sales Tax shall be used to fund projects which are described in the ballot language approved for each of the Propositions 2-4 in the following amounts for each Proposition: Proposition 2 Fund Capital Improvements for the purpose of promoting economic development: $3,021,470 Proposition 3 Fund Educational, Health Care and Events Facilities for the purpose of promoting economic development: $16,502,470 Proposition 4 Purpose of Capital Improvements for Community Enrichment: $25,976,060 Total: $45,500,000 Section 2. The Authority hereby determines that the above amounts for each proposition will be allocated to fund projects for the benefit of the following beneficiary communities based upon the population of such communities residing in Tulsa County, to the total population of all such communities in Tulsa County. Such population shall be determined from the 2013 census estimates for Tulsa County as compiled by the Indian Nations Council of Governments. The calculation of such population percentages and proportionate amounts allocated to each beneficiary community is set forth on Exhibit A attached hereto. The proportionate share for each community is hereby set forth: Community Bixby Prop 2 Share Prop 3 Share Prop 4 Share Total Broken Arrow $ 355,291 $ 1,940,505 $1,301,937 $ 7,110,834 $ 3,054,494 $11,192,958 $ 5,350,290 $ 19,605,729 Collinsville Glenpool $ 94,530 $ 516,300 $ 179,204 $ 812,693 $ 1,423,523 Jenks $ 978,762 $ 288,003 $ $ 1,540,641 $ 2,698,607 Owasso 1,572,996 $ 457,056 $ 2,496,320 $ 2,476,007 $ 3,929,385 $ 4,337,006 $ 6,882,761 Sand Springs $ 292,075 $ 1,595,239 $ 2,511,019 $ 4,398,333 Skiatook Span7' $ 34,863 $ 190,411 $ 18,511 $ 299,720 $ 524,994 Total $ 101,103 $3,021,470 $16,502,470 $ 159,143 $25,976,060 $ 278,757 $45,500,000 By agreement, the communities may transfer allocation between proposition purposes with other communities. Any such transfer of allocations would require confirmation by resolution of the governing bodies of each community to be delivered to the Authority with the communities specific project requests referred to in Section 3 below. Section 3. Each of the above stated communities shall submit specific project requests to the Authority pursuant to the application form previously delivered to such communities by letter of the Chairman of the Board of County Commissioners dated October 7, 2014. Such requests will be submitted to INCOG between the dates of December 1, 2014 and June 1, 2015. INCOG shall report to the Authority and following a public hearing, the Authority will consider such requests to determine that the purpose of such project falls within the stated purpose of the proposition which will fund such project. SeWerk 4. Upon determination by the Authority that a specific project is approved, the sponsoring community will be notified and will be required to enter into a funding agreement with the Board of County Commissioners (and if funded with bond proceeds, the Tulsa County Industrial Authority) in the same form previously used with Vision 2025 projects. The funding agreement will address the timing availability of the excess funds, the possibilities of advanced fimding with bond proceeds, the costs associated with advanced funding, the disbursement process and related matters. Any costs associated with the advanced funding of a project with bond proceeds will need to be paid by the sponsoring community either with a portion ofthe projects allocation of excess funds or fiom other sources of the sponsoring community. Section S. The Chairman or Vice Chairman of Trustees and the Secretary or any Assistant Secretary of Trustees of the Authority be, and they hereby are, authorized and empowered for and on behalf of the Authority, to execute and deliver such agreements and documents and to take such action as such officer or officers may deem necessary or desirable in order to carry out and perform the transactions contemplated in this Resolutions and any contracts, documents, or instruments executed and delivered in connection therewith. ADOPTED the 5th day of November, 2014. ' d 1, the undersigned, the duly qualified and acting Secretary of Trustees of the Tulsa County Vision Authority, hereby certify that the foregoing is a true, correct and complete copy of a Resolution of the Trustees of the Authority held on the date therein stated as the same appears in the minutes of said meeting on file in my office as a part of the official records thereof. I finther certify that a true and complete copy of the Public Notice, attached hereto as Exhibit "A ", was posted in prominent public view at the Tulsa County Administration Building, 500 South Denver, Tulsa, Oklahoma, twenty-four (24) hours prior to the date of the meeting therein described, excluding Saturdays, Sundays and legal holidays. I further certify that a true, correct and complete copy of the notice of this special meeting ofthe Authority was filed in the office of the County Clerk of Tulsa County, Oklahoma, at least forty eight (48) hours prior to said meeting as proscribed bylaw. WITNESS my hand and seal of said Authority this 5th day of November, 2014. Exhibit A Vision MS Surplus AnstV* Tulsa Cowry Share of Population Outside City of Tulsa 2013 ranun ezLnwens Plate Total Population Population in Tulsa County Part In Other counties Share of Tulsa 8136Y 1 23 23.032 196 11.8% Broken Arrow 103,SW 84,399 19.101 43.1% Co0 wile 6,131 128 3 3.1% G 11.617 1 17 5 � mks 70 18.670 9.5% Owasso 32,472 29 62Q 2 843 ss.l% Sand 19,339 18,934 405 9.7% Swatook 7.682 2260 SA22 1.2% Sperry 1 29 0.6% Total 223,868 = 195 27,9991 100.0% T ut Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Karl Fritschen, Chief Urban and Long Range Planner SUBJECT: Annexation (OA- 15 -02) & Rezoning (OZ- 15 -01) - 14401 East 1001h Street North DATE: April 17, 2015 BACKGROUND: The Community Development Department received a request for annexation and rezoning for property located at 14401 East 1001h Street North. The property contained one residential structure, but was recently demolished. The property totals 2.84 acres in size and measures 143 feet along the front and 745.70 feet deep. The applicant has indicated that he wishes to build a Montessori school on the property in several phases. SUMMARY TABLE: Direction Zoning Use Land Use Plan Jurisdiction North AG (Agriculture) Undeveloped Transitional Tulsa County South AG Fire Developed Public City of City of Owasso station Storm siren fee of $35 /acre; Elm Creek Sewer Payback fee of $1580 /acre Streets (public or private Owasso East RE (Residential Developed Residential Rogers Estates Count West RE (Residential Estates ) Developed Residential Tulsa County SUBJECT PROPERTY /PROJECT DATA: Property Size 2.84 acres Current Zoning AG fTulsa Count Proposed Use Private School Lots /Blocks N/A Number of Reserve Areas N/A Within PUD? N/A Within Overlay District? N/A Water Provider City of Owasso Applicable Paybacks Storm siren fee of $35 /acre; Elm Creek Sewer Payback fee of $1580 /acre Streets (public or private N/A ANALYSIS: As part of the annexation request, the applicant is requesting OL (Office Light) zoning be applied to the property as part of the annexation, which can be done if the proposed zoning conforms to the Land Use Master Plan. In this case, the Land Use Master Plan calls for transitional uses in this location so applying OL zoning to the property is appropriate as OL is an approved zoning district within the transition use area. ANNEXATION COMMITTEE: The annexation committee met on March 25, 2015 regarding the annexation request and determined that the City can serve the property with police, fire, EMS and utilities and recommend approval to annex the subject property into the corporate limits of the City of Owasso. PLANNING COMMISSION: The Owasso Planning Commission met at their regular meeting on April 13, 2015 and voted 3 to 1 to recommend approval to annex and rezone the property to OL. RECOMMNEDATION Staff recommends City Council approve the annexation request OA 15 -02 and associated rezoning request OZ 15 -01. ATTACHMENTS: Area Map Aerial Map Land Use Map Zoning Map Assessor Data Page OA 15 -02 & OZ 15-01 j 2, p t "U I — -— RizlrEi 02 StN -L � \\ .. f •FO1st;SFN� I -� E 1t)1 STN- - I < -0E702-�p. I I ____ p Q iW 7J, I w .10 n_p\ 1 E 1 01 STN =°i rM I 'Z i SL- M-——--- -_E1oo St IN I r r I I I I I E 99tiE i ;Wti N _ J ,p I I I I VIII -1 L I I I 1" = 376 ft Annexation & 03/05/2015 y )� Rezoning �� -•: This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy, please contact Owasso staff for the most up- to-clate information. OA 15 -02 & OZ 15 -01 e WIN�t,� .s ti `ir ppp f _ &�'�1A °CMS°': '446 1 ,.�.� - L� � { ..try{ — ly,/�y �� _•� �Y. ,. ._ � �)I i 3�a�3'�ti[ -aY:� t�M1� �e � -. 1 i 'i• "�' ,�'' �"�•- -' - � 'J � T�o� plc ?�� .'�l � �. �." ,; „a� bC ±b •r{!'I '°s°i M °d ros;+iy. +� <a�.�mry, ;,".al�.i .+f.w °;�1 �i ,''°'>j��}Lq 1Jl%J� 1 ! ..i • � ��'�� RJ_ ii, ��. ; 3`', � _.., • 4d.i�1 - - -- J dt _.....�.� �s..,._..�..tl.�.dL��.,;Je1.�1 � 'r�� I,�y'_ •� Z +iY ^k 'r: e n e - E 101.SyYNO.c:.� -. III- I .r, xfI �1 1 d�h, - r;,5♦ i A, w _ —j 1" = 376 ft Annexation & 03105/2015 Rezoning This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy, please contact Owasso staff for the most up -to -date Information. 2030 Land Use Plan LEG Land Use Categories - Commefual - IntuslnaVRegional Employment Neighborhood Mixed Use (Light Olfite. Commerdal Shopping. Attached Mousvg. SF Houl ug. Apartments above WWI - ParksrReueatlon - pubixvinsblubonaVOuasi Pubbc Residenual (Single family deM&ed nousingl Tiansilional (Attached housing. duplexes. of6 ® US- 1990ve0ay DislMt -Glenn -Mur Addition Spedal Distnct --Do nnoavn Development DMIrM IJ ru�iw rw. Golf Course ttt Cemetery Zoning Rogers RS -4( 7/17/2015 Property Search -Tulsa County Assessor Property Search Disclaimer Assessor KEN YAZEL The Tulsa County Assessor's Office has made every effort to insure the accuracy of the data contained on this web site; however, this material maybe slightly dated which could have an impact on its accuracy. The information must be accepted and used by the recipient with the understanding that the data was developed and collected only for the purpose of establishing fair market value for ad valorem taxation. Although changes may be made periodically to the tax laws, administrative rules and similar directives, these changes may not always be incorporated in the material on this web site. The Tulsa County Assessor's Office assumes no liability for any damages incurred, whether directly or indirectly, incidental, punitive or consequential, as a result of any errors, omissions or discrepancies in any information published on this web site or by any use of this web site. hap• //www.assessor.tulsacomty.org /assessor- property.php ?account= R91416141645750&return =close Account #. R91416141645750 Parcel # 91416 -14 -16 -45750 Situ. address 14401 E 100 STN Owner name: W ELD, TERRY & TAMMIE ELIZABETH CAPPS Fair market, 109,400 r a value -. 5 1. Last year's 329 I. ' f •b�irr °.. -- taxes.S1, Subdivision: UNPLATTED'� Legal Legal: PRT NE SE BEG 315.8S NEC SE TH W688.9 N358.8 W106.8 5301.8 E795.7 N143 POB LESS ESO description THEREOF SEC 16 21 14 2.84ACS :Section: 16 Township: 21 Range: 14 l�Cnl` /'al )IllUl'ill0l1l1it ln.0 lill'or 1alion Situs" 14401 E 100 Sr N -- -- - - 2014 2018 - .. address Fair market value $109,400- - Owner WELD, TERRY &TAMMIE ELIZABETH CAPPS Total taxable value (capped) $109,400 name _...... _.. _.. Assessment ratio 11% _ -- Owner. 33251 W 201ST 5T - - -- mall" BRISTOW, OK 74010 .._ _. Gross assessed value $12,034 - address Exemptions §D Land areal 2.84 acres/ 123,710 sq it Net assessed value: $12,0341 - Tax rate 11D [OWASSO) Tax rate in [OWASSO] Subdivision: UNPLATTED _. ._ .__..... Tax rate mills 110.47. - Legal! PRT NE SE BEG 315.85 NEC BE TH W688.9 NIS8.8 Legal 8 5301.8 E795.7 N143 Poll E50 THEREOF SEC 16 21 W106.8 "' "' -' - -- _ d Estimated taxes -- - - $ 1,329 - - -' - description 2.84AC5 14 2.8 Most recent NOV January 18, 2011 FsSmated from 2014 millage rates Section: 16 Township: 21 Range; 14 ,1;1\ deiall (201 _. _... 1A GI Zoning. AGRICULTURE DISTRICT LAG] Mills Dollars City-County Health 2.3 2.58 $31.05 2014 2015 City - County Library . 4.8 5.32 $64.02 . _... _ Land value $50,100 - Tulsa Technology Center 12.1. 13.33. ;160.41 Improvements value $59,300 - Emergency Medlcal,Service; OA'. 0.00 ;0.00 . Fair market value- $109,400 - Tulsa Community College - 6.5' 7.21 $86.77 School Locally Votetl, 24.0! 26.50- $318.90 t]3Pltthtlu ❑': cla lD r•ll _,._ _._ City Sinking' 0.0 0.00' _ $0.00 2014 2015 - School County Wide Bldg 4.7 5.15 $61,98 School County Wide ADA 3.6 4.00 $48.14 Homestead _ Adtl- - -ltlonal nal homestead - -- - - School County Wide General - - - - 32.6. 36.05 - $433.83 - - -- to - Senior Valuation Limitation - - County Government - 9.4 10.33 $124.31 hap• //www.assessor.tulsacomty.org /assessor- property.php ?account= R91416141645750&return =close 2/17/2015 Property Search — Tulsa County Assessor :ul,. ... In ::I atlr... FNM.11'nFe COMRbn quAir, YvarbulR alvabpa Slorba WunGalbn rrbXb. Mel raNa AM 1:Reetleatbl Avg Low 11s 19M 1,8765F 1.75 Uenl Spare F'.. SMing r9mpo,alan 511lpa 2 Ce61 Air In Not own 5:111'ti /l)lll'1i II Date Grantor Grantee Price Doctype ao0k•Palle /Docit No sale Information to available May 8, 2007 Quit Claim Deed 2007049621 Dec 28, 2012 WEIR, TERRY WELD, TERRY & TAMMiE ELIZABETH CAPPS :Quit Claim Deed .2012126828 111 I ag.9; J q I• Photo /sketch t Square foamge and ecreegevalues included in this retard ere approximations. They may not reflect what a licensed surveyor would determine hypevforming a formal survey. They are for tax purposes only and are not intended for use in making conveyances or for preparing legal descriptions of properties. F.111 I "All, a111 ,y'Q 1.101114 51:J ar J Lluala::ul Jm Jost It - o r. �FA � zLlallman Jr � Fes, 101.1191 FI _ 4 lalg5lN i1�ii' u e L'yo Lk Plt1 L WONSltl hUp: //www. assessor. tulsacounty .org /assessor- property.php ?account= R91416141645750&return =close Mglcp L'1 1 b111ap 0r lag 'T- -' - Y Z L90111 SAN g - ,. 1 � - - • m „I F9TAf,1N -, MBP'8alalta mop mrn hUp: //www. assessor. tulsacounty .org /assessor- property.php ?account= R91416141645750&return =close T ity Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Karl A. Fritschen AICP, RLA Chief Urban and Long Range Planner SUBJECT: Planned Unit Development, PUD -15 -01 -The Cottages at Tallgrass Point DATE: April 17, 2015 BACKGROUND: The City of Owasso received a Planned Unit Development (PUD) application for review and approval of a development called The Cottages at Tallgrass Point. The Cottages at Tallgrass Point development proposes an apartment complex consisting of 266 -units in 18 buildings on 13.37 acres. The subject property is located just to the northwest of the intersection of 86th St. N. and Mingo Rd. across from the Villas at Bailey Ranch Apartments. The applicant also submitted a concurrent rezoning request with this PUD that would rezone the property from AG (Agriculture) to RM (Residential Multi - Family), allowing for the development of an apartment complex. The PUD would essentially act as an overlay and govern the development of the property. For multi - family units a PUD is required per the Owasso Zoning Code, Section 410.4 SURROUNDING ZONING: Direction Zoning Use Land Use Plan Jurisdiction North AG (Agriculture) Residential Transitional Tulsa Count South AG (Agriculture) Undeveloped Commercial City of Owasso East RM /CS (Residential Multi - Family and Commercial Shopping) Apartments Commercial & Transitional City of Owasso West AG (Agriculture) Railroad Residential Tulsa Count SUBJECT PROPERTY /PROJECT DATA: Property Size ' 13.37 acres Current Zoning AG Tulsa Count Proposed Use Apartment Units Lots /Blocks 1 Lot, 1 Block Land Use Plan' ` Transitional and Commercial Number of Reserve Areas N/A Number of Buildings 7 Residential, 11 Residential with Garage, 1 Clubhouse DU /Acre 19.90 Total Building SF 255,326 Within PUD? N/A Within Overlay District? N/A Water Provider City of Owasso Applicable Paybacks Storm siren fee of $35 /acre; Ranch Creek Sewer Payback Streets (public or rivate ` N/A CONCEPT OF A PUD: The concept of a Planned Unit Development is to provide a creative alternative to conventional development where a particular tract is under common ownership or control and where a detailed development plan, outlining the development of the tract as a unit is proposed and submitted for public review. The use of a PUD technique is a way to amend a zoning ordinance in accordance with a complete and coordinated plan of development for a larger parcel, rather than piecemeal individual changes using the variance process. Additionally, a PUD typically produces a higher quality product with better amenities, architecture, landscaping and buffering. ANALYSIS: The property is in the process of being annexed into the City Limits under Ordinance 1050. The Cottages at Tallgrass Point development proposes a 266 -unit apartment complex on 13.37 acres, which results in a net post development density of 19.9 dwelling units per acre. The apartments are proposed as low -rise buildings 2 and 3- stories in height with a mixture of one and two - bedroom units. The proposed PUD identifies two access points, both connecting to Mingo Road. The northernmost access point will be for emergency access only, while the southern access point will be full access and gated. Garages are provided for a portion of the units, for a total of 488 spaces for the entire development or 1.83 spaces provided per unit. The Cottages at Tallgrass Point site will provide a number of amenities for the residents and includes large areas of open space for recreation. The provided amenities as identified in the PUD document include: a clubhouse with exercise facilities; a pool and spa; and covered outdoor barbeque area. The City of Owasso will provide sanitary sewer and water service to the development. The subject property falls within the Ranch Creek Sanitary Sewer payback. If the PUD is approved, the applicant will provide final development plans for administrative review and approval by City staff. PUD applications presented to the Planning Commission are for approval of the uses, the overall plan as it relates to the immediate area, and the concept for the development. City staff published legal notices of the PUD request in the Owasso Reporter and mailed notices to property owners within a 300' radius of the subject property. COMPREHENSIVE PLAN CONSISTENCY: The Owasso 2025 Land Use Master Plan identifies the subject property and its surroundings as having transitional, residential, and commercial. The property where the PUD is proposed is denoted with both transitional and commercial, with the commercial portion occupying approximately the bottom 1/3 of the tract. Given this, staff believes that the proposed project is still in conformance with 2030 GrOwasso Land Use Master Plan. HARMONY WITH THE EXISTING AND EXPECTED DEVELOPMENT: This proposal appears to be consistent with the current and expected development of the area. Apartment complexes are often proposed in areas that are adjacent to single - family residential developments, with no transitional use buffer in place and there are concerns from neighboring property owners. However, this proposal places the apartments across the street from an existing complex, and just north of the hard corner intersection where commercial uses will eventually locate. Single family homes built on large lots in Tulsa County currently lie to north of the subject property, but this area is called out for transitional uses on the Land Use Master Plan. Essentially, the proposed apartment project serves as an effective transitional buffer between the commercial uses to the south and the single family uses to the north, as the Land Use Plan prescribes for areas between higher and lower intensity uses. A large overhead power line easement lies between the apartment structures and the residential properties to the north and the design of the project incorporates this feature as an effective buffer. Additional plantings in this area will also serve to augment the buffer and mitigate visual impacts. Development to the west beyond the railroad tracks is prescribed on the Land Use Plan as commercial. The proposed development plan calls for 18 total structures plus 1 clubhouse. The dwelling unit structures will consist of both 2 and 3 story units, with the two story units containing garages on the ground floor. The architecture has been designed with a mixture of faux stone, hardboard siding and wood. Landscaping has been provided throughout the development accordance with the Landscape Ordinance. Trash receptacles have been provided throughout the parking area. A swimming pool amenity is centrally located in the development and detention will be placed in the southwest corner of the property. PLANNING ISSUES: Future planning issues must still be considered if the PUD is approved. If approved, the applicant will be required to adhere to all City of Owasso subdivision regulations and engineering requirements. According to the Owasso Zoning Code, the Planning Commission shall hold a public hearing on any PUD application and determine the following: Whether the PUD is consistent with the Comprehensive Plan. Whether the PUD is in harmony with the existing and expected development of surrounding areas. Whether the PUD is a unified treatment of the development possibilities of the project site. Whether the PUD is consistent with the stated purpose and standards of the PUD ordinance. a. To permit innovative land development while maintaining appropriate limitation on the character and intensity of use assuring compatibility with adjoining and proximate properties; b. To permit flexibility within the development to best utilize the unique physical features of the particular site; c. To provide and preserve meaningful open space; and d. To achieve a continuity of function and design within the development. As with higher density residential developments, traffic is always a concern. Offsite traffic issues could impact intersections to the north of the project, as residents will use Mingo to access the shopping and dining areas to the northeast. The applicant has been asked to perform a traffic study if the site produces in excess of 200 trips per hour. PLANNING COMMISSION: The Planning Commission, at their regular meeting of April 13, voted unanimously to recommend approval of PUD 15 -01 with an underlying zoning of RM (residential multi - family) RECOMMENDATION: Staff recommends approval of PUD 15 -01 with an underlying zoning of RM. ATTACHMENTS: Area Map Aerial Map Zoning Map Land Use Plan Site Plan Outlined Development Plan Architectural Renderings OPUD 15 -01 & OZ 15 -02 i rte- - �'-' ----------- - - - - -- m nch 1 1 \� 711 11111 I + 1 i r � • s N - -o l-'N' ,..•. .`it encmrlN.. I� —VIII JI'I m 111- -.5't- __ `U z r. i w ! 1 " = 752 ft 03/17/2015 �,t. kcri This map represents a visual display of related geographic information- Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy, please contact Owasso staff for the most up-to -date Information. OPUD 15 -01 & OZ 15 -02 1" = 752 ft 03/17/2015 This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To he sure ofcomplete accuracy, please contact Owasso staff for the most up -to -date Information. OPUD 15 -01 & OZ 15 -02 1" = 752 ft Zoning Map 04/07/2015 This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy. I please contact Owasso staff for the most up- to-date Information. 2030 Land Use Plan LEGEND LaM Use Categotlos -(plmn I M IWOFNW . -IMUSbw4Replmel Enpbynwnl sVeBl BketWle; Cg to sl[eel pk I,g NeyIMIMOS"1 EuaLng Veil dgM1M, .A CCmmeacl . sMppa n AM[ME $F 4kuseg. Aperlmen4 aW.'e ledill a Fue Slelan _PMk RttMaW En ,F W.rt SClml - PuNi JIn51YWMalpusl FUd�C c• Fu mPuWPC &Mal RefAantW lSnpklmlYealeNeO MUwg1 * Cmlun MSFp Aa IIAM[MOM 51W, Eupkxea. ffF sl ® F. Pak and RVlea.nsll SW ® us- ,S90rtMYDnak1 V� XafpMl Q'GMnrvkNIMERm SpmlOnln<.t Q P dK Pak (,`pyC. �� "dY,nroxn Cavelopnenl Onma ttt C..m, R 13 �, N\ AG RS-3 AG RS-3 RM-1 C:ONCEPT ffil GONGEPT ---VTE PLAN _ EX-A I 4v AG RS-3 AG RS-3 RM-1 C:ONCEPT ffil GONGEPT ---VTE PLAN _ EX-A 86th Street North & Mingo Road THE NW /C OF 86T "STREET NORTH AND MINGO ROAD PLANNED UNIT DEVELOPMENT NO. PRESENTED BY: CASE DEVELOPMENT SERVICES AND TABLE OF CONTENTS March 13, 2015 Page I. Cover 1 ii. Table of Contents 2 I. Development Concept g II. Development Standards - Area A (Multi - family) 3 III. Landscaping and Fencing 5 IV. Signs 5 V. Access and Circulation 5 VI. Utilities and Drainage 5 VII. Site Plan Review 5 VIII. Platting Requirement 6 IX. Expected Schedule of Development 6 X. Legal Descriptions 6 Exhibit A Conceptual Site Plan Exhibit B Development Area / Topo Exhibit C Concept Tree Plan Exhibit D Conceptual Elevations Page 2 March 13, 2015 Development Concept The Tract, which is the subject of this application, located near the intersection of 86th Street North and Mingo Road in the City of Owasso, Oklahoma and is hereinafter referred to as the "Tract" or as the "Site ". The entire Property has approximately 935 feet of frontage on West side of Mingo Road This PUD was initiated by Case Development Services in response to the continued strong market demand in the City of Owasso for upscale luxury apartments. Case and Associates Properties, Inc. based in Tulsa, Oklahoma, is nationally recognized as a developer of quality apartment communities and is known for its excellence in management and maintenance and has either developed or managed more than 30,000 apartment units. It is proposed that the Tract (13.37 acres) be developed for upscale luxury apartments the Development Standards for the development area is set forth herein and included herewith is a graphic depiction (Exhibit "B ") of the proposed development area. Development Standards Development of Tract shall be developed in accordance with the Owasso Zoning Ordinance and the development regulations of the RM (Residential Multifamily District), except as described below: Land Area: 13.37 acres Permitted Uses: Multi- family dwellings and customary accessory uses. Minimum Livability Area Per Dwelling Unit: 1000 sq. ft. Minimum Gross Area Per Dwelling Unit: 2000 sq. ft. Maximum Number of Dwelling Units: 270 DU's Maximum Dwelling Units Per Building: 24 dwelling units Maximum Building Coverage: 30% of net lot area Page 3 Maximum Building Height: Maximum Building Length: Maximum Stories: Minimum Building Perimeter Setbacks: From arterial streets (Mingo Road) From other development area boundaries Minimum Distance Between Buildings: Minimum Off - street Parking Spaces: Other Bulk and Area Requirements: Page 4 March 13, 2015 48 ft. 200 ft. 85 ft from centerline of street for two -story (Minimum 25 ft from edge of ROW). 15 ft. 20 ft. 1.5 per One bedroom 2.0 per Two or Three bedroom As established within a RM District in the Owasso Zoning Ordinance, March 13, 2015 111. Landscaping and Fencing Landscaping throughout the planned unit development, shall meet the requirements of Chapter 20 of the Owasso Zoning Ordinance, except as modified herein. In lieu of internal Parking islands every 15 spaces, an 811 minimum Building Yard (double that required in table 20 -2) shall be provided to accommodate the parking landscape trees and bushes, provided no parking space is more than 20ft from a continuous landscaped area. Within Development Tract A an opaque screening fence not less than 6 feet in height shall be provided were adjacent to single family to the North and future commercial to the south as well as the Railroad to the West. Along the East boundary of Area A, an architectural metal fence with masonry columns at approximately 50 feet on center and / or walls shall be provided along Mingo Road with screen accommodated by landscaped berms. IV. Signs Signs shall be in compliance with Owasso Zoning Code, provided however, in addition to the realty sign allowed for the development to be located at the main entrance, within Development Area A, a wall sign designed as an architectural feature, may be located on the clubhouse identifying the apartment complex on the East building fagade. V. Access and Circulation Vehicular access to and from Development will be provided by two points of access to Mingo Road, which are intended to be the principal access. The access to the interior drives within Development tract shall be gated. Entry gate design shall be per the City of Owasso guidelines and shall be reviewed and approved through the site plan process. VI. Utilities and Drainage Utilities are at the site or accessible by customary extension. Storm water detention will be in accordance with City of Owasso development regulations. All utility and grading construction documents shall be submitted for reviewed by City for approval. VII. Site Plan Review Development may be developed in phases and no building permit shall issue until a detailed site plan (including landscaping) of the proposed improvements has been submitted to the City and approved as being in compliance with the development concept and the development standards. No certificate of occupancy shall issue for a building until the landscaping of the applicable phase of development has been installed in accordance with a landscaping plan and phasing schedule submitted to and approved by the City. Page 5 March 13, 2015 VIII. Platting Requirement No building permit shall issue until the development for which a permit is sought has been included within a subdivision plat submitted to and approved by the Owasso Planning Commission and the Owasso City Council and duly filed of record. The required subdivision plat shall include covenants of record implementing the development standards of the approved planned unit development and the City of Owasso shall be a beneficiary thereof. Property shall be platted within 2 years of approval of PUD. IX. Expected Schedule of Development Upon approval of the planned unit development and approval of the final plat, construction of the multifamily area is expected to commence within 180 days and be completed within twelve months thereafter. XI. Legal Descriptions Refer to below description and refer to attached Alta Survey. Legal Description — TRACT 1 A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER (SE /4) OF THE SOUTHEAST QUARTER (SE /4) OF SECTION TWENTY -FOUR (24) OF TOWNSHIP TWENTY -ONE (21) NORTH AND RANGE THIRTEEN (13) EAST OF THE INDIAN BASE AND MERIDIAN (I.B.&M.), ACCORDING TO THE U.S. GOVERNMENT SURVEY, THEREOF, TULSA COUNTY, OKLAHOMA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SE CORNER OF THE SE /4 OF THE SE /4 OF SEC.24, T -21 -N, R -13 -E, I.B.&M.; THENCE S 88'41'35" W ALONG THE SOUTH LINE OF SAID SE /4 SE /4 A DISTANCE OF 303.67 FEET TO THE EASTERLY RAILROAD RIGHT -OF -WAY OF THE SOUTHERN KANSAS AND OKLAHOMA RAILROAD; THENCE N 22'22'19" W ALONG SAID RAILROAD RIGHT -OF -WAY A DISTANCE OF 64.29 FEET TO THE PRESENT RIGHT -OF -WAY OF EAST 86TH STREET NORTH; THENCE N 22'22'19" W ALONG SAID RAILROAD RIGHT -OF -WAY A DISTANCE OF 346.36 FEET TO THE POINT OF BEGINNING: THENCE N 22'22'19" W ALONG SAID RAILROAD RIGHT -OF -WAY A DISTANCE OF 1000.88 FEET TO THE NORTH LINE OF SAID SE /4 SE /4; THENCE N 88'37'19" E A DISTANCE OF 811.17 FEET TO THE NE CORNER OF SAID SE /4 SE /4; THENCE S 1'1759" E ALONG THE EAST LINE OF SAID SE /4 SE /4 A DISTANCE OF 783.21 FEET; THENCE S 88'41'35" W A DISTANCE OF 50.00 FEET TO A POINT ON THE PRESENT RIGHT -OF -WAY OF NORTH MINGO ROAD; THENCE S 0177'59` E ALONG SAID PRESENT RIGHT -OF -WAY OF NORTH MINGO ROAD A DISTANCE OF 151.79 FEET; THENCE S 88'41'35" W A DISTANCE OF 401.32 FEET TO THE POINT OF BEGINNING, AND CONTAINING 13.37 ACRES; MORE OR LESS. * All references to the Owasso Zoning Ordinance in this PUD shall be per the current provisions of the Zoning Ordinance as of the date of approval of the PUD. 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TO: The Honorable Mayor and City Council City of Owasso FROM: Karl Fritschen, AICP, RLA Chief Urban and Long Range Planner SUBJECT: FY 2014/15 CDBG Sidewalk Project Construction Contract Bid Award DATE: April 17, 2015 BACKGROUND Each year, the City of Owasso is eligible for funds through the Community Development Block Grant (CDBG), administered through Indian Nation Council of Governments (INCOG) and the Oklahoma Department of Commerce. CDBG funds are federal funds appropriated through the Housing and Urban Development (HUD). The funds are to be spent on infrastructure improvements in areas of low -to- moderate income. The defined low -to- moderate income areas are determined from U.S. census data. The low -to- moderate income areas in Owasso, as they were defined in 2014, are represented on Attachment A. Funds can be used to improve roads, drainage, utilities, sidewalks, parks, etc. in these areas. In the past, CDBG funds have been used for drainage and walking trail improvements in Rayola Park; a major upgrade to the Owasso Skate Park; sidewalks in the original town area, and the new Rayola Park Playground to list a few. On March 18, 2014, City Council approved Resolution 2014 -02 which authorized City's participation in the Tulsa County CDBG Urban County and execution of the cooperation agreement which included project description. The FY 2015 project is to construct a new sidewalk in front of the Owasso Family YMCA building and Friendship Park along the US -169 service road and upgrade existing sidewalks /handicap ramps to meet the Americans with Disabilities Act (ADA) guidelines along N. Elm Street. The upgrades are as simple as removing sections of sidewalks with trip hazards to removing large sections that have settled or have been damaged. A map of the improvements is included as Attachment B. The project locations were selected to improve connectivity and create a safe and convenient route for pedestrians from areas south and west of Rayola Park to 86th St. N. The areas of repair along N. Elm St, were selected by visually surveying each section of sidewalk along the street, where areas of deterioration and trip hazards were identified. ADVERTISING FOR BIDS: Advertisements for bids were published on January 29, 2015 and February 5, 2015, in accordance with state law and a mandatory pre -bid meeting was held at City Hall on February 19, 2015 with eight (7) contractors in attendance. The bid opening was held on March 2, 2015 at City Hall. BID OPENING Eight (7) bidders submitted bids on this project. The bid results are included in the following Table: CONTRACTOR ADDRESS BASE BID ALTERNATE 7715 E 1 1 1 TH ST, SUITE 125 J & P VENTURES, LLC TULSA, OK 74133 $79,755.46 $89,123.96 VOY CONSTRUCTION, 3501 S SHERIDAN AVE LLC TULSA, OK $79,125,00 $89,827.70 BARNES CONSTRUCTION 1715 S BOSTON AVE TULSA, SOLUTIONS, INC OK 74119 $90,702.50 $100,520.00 MAGNUM 2501 N HEMLOCK CT CONSTRUCTION, INC. BROKEN ARROW, OK 74012 $91,900.00 $103,835.00 CROSSLAND HEAVY 14149 E ADMIRAL PL TULSA, CONTRACTORS, INC. OK 74116 $103,700.00 $117,819.00 S &J CONSTRUCTION PO BOX 2543 SAPULPA, OK SPECIALISTS, LLC 74067 147,358.71 1174,975.01 301 W 2ND AVENUE ENGINEER'S ESTIMATE OWASSO, OK 74055 $114,342.00 $129,482.00 The low bidder for base bid + the additive alternate was J & P Ventures, LLC. The base bid with the alternate from J & P Ventures LLC is less than the funds available from CDBG ($121,207.00). Therefore, the excess funds shall be used to address other sidewalks in the area including improvements to any ADA Ramps and crosswalk markings. FUNDING: The entire project is being funded with CDBG funds with no local funds necessary. Staff anticipates adding sidewalk to the project to expend the remainder of the funds. RECOMMENDATION: Staff recommends contract award of the base bid and alternate to J & P Ventures LLC in the amount of $89,123.96 for the FY 2015 CDBG Sidewalk Project and City Council authorization of the Mayor to execute the attached agreement. ATTACHMENTS: Attachment A - CDBG 2014 Qualifying Boundary Attachment B - Improvements Agreement City of Owasso Former CDBG Qualifying Areas and Past Projects Legend CDBG Area Type Fa r C"w 004) 9 Neat Fume SunaSN glAW Neal `N1 W+E S � utrt 0 0.25 0.5 e.p..I�MM W.[n 5, 5015 awr<.� IMC W, MVO Attachment B ixa4 I _.gar i is r r 4 Z. . 2014 CDBG SIDEWALK IMPROVEMENTS 4nn5 Legend PROJECT LOCATION EXISTING CONCRETE TRAIL NO THIS MAP IS FOR INFORMATION PURPOSE ONLY AND IS NOT INTENDED TO iREPRESENT AN ACCURATE AND TRUE SCALE. USE OF THIS MAP IS WITHOUT WARRANTY OR REPRESENTATION BY CITY OF OWASSO OF ITS ACCURACY. CITY OF OWASSO I I1 N. Main Street P.O. Box 180 Owasso, OK 74055 918.376.1500 SECTION 00300 AGREEMENT THIS AGREEMENT is dated as of the 21st day of April. 2015 , by and between City of Owasso (hereinafter called OWNER) and J & P Ventures LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: FY 2014 -15 CDBG SIDEWALK PROJECT IN RAYOLA PARK CITY OF OWASSO, OKLAHOMA The project for which the Work under the contract documents may be the whole or only a part, is described as follows: Repair trip hazards and installation of new sidewalk within the CDBG grant areas of Owasso. ARTICLE 2. DEPARTMENT The PROJECT has been assigned by the OWNER to the DEPARTMENT (City of Owasso Public Works). The DEPARTMENT Director, Project Administrator and City Engineer are the duly authorized representatives of the OWNER who will assume the duties and responsibilities and will have the rights and authority assigned to DEPARTMENT in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIME 3.1 The Work will be substantially completed within six 60 calendar days from the date of Notice to Proceed; and completed and ready for final payment in accordance with the General Conditions within ninety (90) calendar days from the date of Notice to Proceed, which will be on or before 0529 00300 - Page t of 13 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER, if the Work is any such proof. OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Two Hundred Dollars ($200.00) for each consecutive calendar day that expires after the time specified in paragraph 3.1 for substantial completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Two Hundred Dollars ($200.00) for each consecutive calendar day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds the amount agreed upon in CONTRACTOR'S bid. 4.2 CONTRACTOR understands that the estimated quantities are not guaranteed and that the determination of actual quantities and their classification is to be made by the OWNER at the time of application for payment. 4.3 The contract price is for the base bid and additive alternate. The contract price is $79,755.46.00 (base bid) + $9,368.50 (add. Alt 1) = Eighty -nine thousand, one - hundred twenty -three and 96/100 dollars ($89,123.96) ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions on the Pay Estimate Forms included as Exhibit "A" to this Agreement. Applications for Payment will be processed by OWNER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment in accordance with the City of Owasso's Payment Schedule included as Exhibit "B" to this Agreement during construction as provided below. All progress payments will be on the basis of the progress of the Work. 5.1.1 Progress payments shall not exceed an amount equal to 90% of the WORK completed until such time as CONTRACTOR shall complete in excess of fifty percent (50 %) of the contract amount. 5.1.2 Upon completion in excess of fifty percent (50 %) of the total contract amount, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the WORK completed, less such amounts as OWNER shall determine in accordance with the 0529 00300 - Page 2 of 13 General Conditions, provided that OWNER has determined that satisfactory progress is being made, and upon approval by the Surety. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the remainder of the Contract Price. ARTICLE 6. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself /herself with the nature and extent of Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports or explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except underground facilities) which have been identified in the Supplementary Conditions as provided in the General Conditions. Contractor accepts the determination set forth in the General Conditions of the extent of the "technical data" contained in such reports and drawings upon which Contractor is entitled to rely. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Consultants do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to underground facilities at or continuous to the site. Contractor has obtained and carefully studied (or assume responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 6.3 CONTRACTOR has made or caused to be made examinations, investigations, tests and studies of such reports and related data in addition to those referred to in paragraph 6.2 as (s)he deems necessary for the performance of the Work at the Contract price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground 0529 00300 - Page 3 of 13 Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including the General Conditions. 6.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6 CONTRACTOR has given OWNER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. 6.7 CONTRACTOR has obligated himself /herself to the OWNER to be responsible for the workmanship, labor and materials used in the project for two (2) years after the project has been accepted by the OWNER. 6.8 CONTRACTOR understands that (s)he will be exempt from all sales tax on materials and other items necessary for the completion of the project. The OWNER has issued him a Certification of Tax Exempt Project enclosed as Exhibit "C" of this Agreement. ARTICLE 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof, and consist of the following: 7.1 This Agreement (pages 1 to 6 inclusive). 7.2 Exhibits "A ", "B ", "C" and "D" to this Agreement. 7.3 Advertisement for Bids (Section 00100). 7.4 Requirements for Bidders (Section 00110). 7.5 Instructions to Bidders (Section 00120). 7.6 Bid (Section 00200). 7.7 Bid Bond (Section 00210). 7.8 Bid Affidavits (Section 00220). 7.9 Statement of Bidders Qualifications (Section 00230). 7.10 Certificate of Non- Discrimination (Section 00240). 0529 00300 - Page 4 of 13 7.11 Performance Bond (Section 00410). 7.12 Maintenance Bond (Section 00420). 7.13 Statutory payment Bond (Section 00430). 7.14 Notice of Award (Section 00510). 7.15 Notice to Proceed (Section 00520). 7.16 Change Order (Section 00600). 7.17 General Conditions (Section 00700). 7.18 Project Specifications (Section 00800). 7.19 Special Provisions (Section 00900). 7.20 Project Drawings, consisting of Sheets 1 to 6, inclusive, and Standard Drawings. 7.21 Addendum Numbers _ to _, inclusive. 7.22 Documentation submitted by CONTRACTOR prior to Notice of Award (pages _ to inclusive). 7.23 Any Modification, including Change Orders, duly delivered after execution of Agreement. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a Modification (as defined in the General Conditions). ARTICLE 8. MISCELLANEOUS 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 8.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law) and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 83 OWNER and CONTRACTOR each binds himself /herself, his/her partners, successors, assigns, and legal representatives to the other party hereto, his/her partners, 0529 00300 - Page 5 of 13 successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.3 The Agreement (or remaining portions thereof) should continue in effect, be valid and binding upon both parties even if a provision or part of the Contract Documents should be held void or unenforceable by law. IN WITNESS WHEREOF, the parties hereby have signed this Agreement in duplicate. One counterpart has been delivered to CONTRACTOR, the other belongs to OWNER. All portions of the Contract Documents have been signed by OWNER and CONTRACTOR. This Agreement will be effective on April 21, 2015 OWNER: City of Owasso CONTRACTOR: J & P VENTURES, LLC By Jeri Moberly Mayor (SEAL) ATTEST: City Clerk Title Address for giving notices: PO Box 180 Owasso, OK 74055 By President (SEAL) 0529 00300 - Page 6 of 13 EXHIBIT "A" FY 2012 CDBG ADA SIDEWALK REHABILITATION PROJECT - CITY OF OWASSO - PAY ESTIMATE NO. PERIOD: CONTRACTOR BID AMOUNT OF ORIGINAL CONTRACT: CONTRACT ADJUSTMENTS: ADJUSTED BID AMOUNT: TOTAL COMPLETE WORK: MATERIALS STORED (per attached tabulation): LESS 5% RETAINAGE: TOTAL EARNED LESS 5% RETAINAGE: PERCENTAGE OF PROJECT COMPLETION: LESS PREVIOUS PAYMENTS: AMOUNT DUE THIS ESTIMATE: The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the Work covered by this Payment Estimate has been completed in accordance with contract documents, that all amounts have been paid by the Contractor for Work which previous Payment Estimates were issued and payments received from the Owner, and that current payment shown herein is now due. CONTRACTOR NAME: Project Manager State of County of: Subscribed & sworn to before me this _day of , 20 Recommended for Payment by: City of Owasso Approved for Payment by: City of Owasso 0529 Date Date Notary Public My Commission Expires: 00300 - Page 7 of 13 CERTIFICATE FOR PAYMENT hi accordance with the contract documents, based on on -site observations and the date comprising the above application, the certifies to the Owner that to the best of the knowledge, information and belief, the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the amount certified. IC AMOUNT CERTIFIED $ (Attach explanation if amount certified differs from the amount applied for.) Date: This certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the contractor named herein. Issuance, payment and acceptance of payment is without prejudice to any rights of the Owner or Contractor under this Contract. 0529 00300 - Page 8 of 13 CONTINUATION SHEET Page of Application and Certification for Payment, containing Contractor's signed Certification is attached. Application Number: Application Date: Period to: In tabulations below, amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply. A B C D E (cont) ..i ITEM NO. DESCRIPTION OF WORK SCHEDULED VALUE WORK COMPLETED FROM PREVIOUS APPLICATION WORK COMPLETED THIS PERIOD (cont) F G H I R E) MATERIALS PRESENTLY STORED (NOT IN D O TOTAL COMPLETED ANDSTORED TO DATE (D + E + 0 % (G /C) LANCE BA BA FINISH TO (C-G) RL-TAINAGE NOTE: At bottom of each column, run totals. 0529 00300 - Page 9 of 13 CLAIM OR INVOICE AFFIDAVIT STATE OF OKLAHOMA ) )SS COUNTY OF ) The undersigned (Architect, Contractor, Supplier, Engineer or Supervisory Official), of lawful age, being first duly sworn, on oath says that this (Invoice, Claim or Contract) is true and correct. Affiant further states that the (work, services or materials) as shown by this Invoice or Claim have been (completed or supplied) in accordance with the Plans, Specifications, orders or requests furnished to the Affiant. Affiant further states that (s)he has made no payment, nor given, nor donated, or agreed to pay, give, or donate, either directly or indirectly, to any elected official, officer, or employee of the State, County, or City of money or any other thing of value to obtain payment or the award of this contract. Contractor or Supplier Subscribed and sworn to before me this day of Notary Public Commission # My Commission Expires: Architect, Engineer or other Supervisory Official Subscribed and sworn to before me this day of Notary Public Commission # My Commission Expires: NOTE: Strike out words not appropriate and sign appropriate signature line. Architect, Engineer approval is not required for Contractor or Supplier Affidavit. 0529 00300 - Page 10 of 13 EXHIBIT "B" Contractor and Engineer Payment Schedule INVOICES ARE TO BE SUBMITTED FOR THE REGULARLY SCHEDULED CITY COUNCIL MEETINGS ONLY. The contractor or engineer shall have his /her pay request in by 5:00 p.m. on the first day of the month unless the first falls on a Saturday, Sunday or Holiday, then it will be the next working day. Pay requests are, therefore, due on the following dates: February 02/02/15 June 06/01/15 October 10/01/15 March 03/02/15 July 07/01/15 November 11/02/15 April 04/01/15 August 08/03/15 December 12/01/15 May 05/01/15 September 09/01/15 January 01/04/16 Failure to meet the above dates and time may result in payment being delayed until the following pay cycle. 0529 00300 - Page 11 of 13 EXHIBIT "C" CERTIFICATION OF TAX EXEMPT PUBLIC PROJECT The City of Owasso hereby certifies that: J & P VENTURES. LLC has duly entered into a public contract pursuant to the law for the following purposes, to -wit: FY 2014 -15 CDBG SIDEWALK PROJECT IN RAYOLA PARK, CITY OF OWASSO, OKLAHOMA. Accordingly, under the provisions of 68 O.S. §1356(1), the sale of tangible personal property or services necessary for carrying out such public contract to the contractor or any sub - contractor to such public contract are exempt from sales tax. Any contractor, or sub - contractor of such public contract shall certify, in writing, on the copy of the invoice or sales ticket to be retained by the vendor that the purchases are necessary for carrying out such public contract with the City of Owasso. CITY OF OWASSO, OKLAHOMA 1: Contract Administrator 0529 00300 - Page 12 of 13 EXHIBIT "D" CERTIFICATE OF APPROVAL OF CONTRACT AND BONDS I, the undersigned, Julie Trout Lombardi, the duly authorized and acting legal representative of City of Owasso, do hereby certify as follows: I have examined the construction contract between the contractor, J & P VENTURES, LLC, and the above -named entity, and the surety bonds given by the contractor in connection with the performance of said contract, and the manner of execution of the contract and surety bonds; and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto, acting through their fully authorized representatives; that said representatives have fill power and authority to execute said agreements on behalf of the respective parties named therein; and that the foregoing contract and surety bonds constitute valid and legally binding obligations upon the parties executing the same in accordance with the terms, conditions, and provisions thereof. Dated this day of Julie Trout Lombardi, City Attorney Tulsa County, Oklahoma 0529 00300 - Page 13 of 13 SECTION 00410 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That J &P VENTURES, LLC (Name of Contractor) 7715 E 111th St Suite 125 Tulsa, OK 74133 (Address of Contractor) a Corporation hereinafter called Principal, and (corporation, partnership or individual) (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto Citv of Owasso (Name of Owner) PO Box 1.80, Owasso, OK 74055 hereinafter called (Address of Owner) OWNER, in the total aggregate penal sum of Eighty -nine thousand, one- hundred twenty- three and 96/100 dollars ($89,123.96) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assign, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the PRINCIPAL entered into a certain contract with the OWNER, dated the 21st day of April, 2015 a copy of which is hereto attached and made a part hereof, for the construction of FY 2014 -15 CDBG SIDEWALK PROJECT IN RAYOLA PARK CITY OF OWASSO, OKLAHOMA NOW, THEREFORE, if the PRINCIPAL shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreement of said contract during the original term thereof, and any extension thereof which may be granted by the OWNER, with or without notice to the surety, and if (s)he shall satisfy all claims and demands incurred under such contract and shall fully indemnify and save harmless the OWNER from all costs and damages which it PERFORMANCE BOND 0529 00410 - Page 1 of 3 may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. NOW THEREFORE, if said PRINCIPAL shall pay or cause to be paid to the OWNER all damage, loss and expense which may result by reason of defective materials and /or workmanship in connection with said work, occurring within a period of one (1) year from and after acceptance of said project by the OWNER and if PRINCIPAL shall pay or cause to be paid all labor and materials, including the prime contractor and all subcontractors; and if PRINCIPAL shall save and hold the OWNER harmless from all damages, loss and expense occasioned by or resulting from any failure whatsoever of said PRINCIPAL, then this obligation shall be null and void, otherwise to be and remain in full force and effect. PROVIDED, FURTHER, that the SURETY, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to work to be performed thereunder of the specifications accompanying same shall in any way affect obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED, FURTHER, that it is expressly agreed that the bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the contract not increasing the contract price more than twenty (20 %) percent, so as to bind the PRINCIPAL and the SURETY to the full and faith it performance of the contract as so amended. The term "Amendment ", wherever used in this bond, and whether referring to this bond, the contract or the loan documents shall include any alteration, addition, extension, or modification of any character whatsoever. PROVIDED, FURTHER, that no final settlement between the OWNER and the PRINCIPAL shall abridge the right of the other beneficiary hereunder, whose claim may be unsatisfied. The OWNER is the only beneficiary hereunder. IN WITNESS WHEREOF, this instrument is executed in two counterparts, each of which shall be deemed an original, this the 21st day of April, 2015. PERFORMANCE BOND 0529 00410 -Page 2 of 3 ATTEST: (Principal) Secretary (SEAL) (Witness as to Principal) (Address) ATTEST: (Witness as to Surety) (Address) (SEAL) PRINCIPAL IC (Address) SURETY C (Attorney -in -Fact) (Address) NOTE: Date of bond must not be prior to date of contract. If contractor is partnership, all partners should execute contract. PERFORMANCE BOND 0529 00410 - Page 3 of 3 SECTION 00420 MAINTENANCE BOND WHEREAS, the undersigned, J &P VENTURES, LLC has entered into a contract with the City of Owasso, Oklahoma dated the 21st day of April, 2015, designated for FY 2012 CDBG ADA SIDEWALK REHABILITATION PROJECT, including all of the work mentioned and described in said Contract, and to be performed by the undersigned strictly and punctually in accordance with the terms, conditions, plans and specifications thereof, NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That of ImL1 as Principal of as Surety, are jointly and severally, firmly held and bound unto OWNER in the sum of Eiehty -nine thousand, one - hundred twenty -three and 96/100 dollars ($89,123.96) lawful money of the United States of America, same being the approximate cost of the Contract herein referred to, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS BOND is such that the said Principal and Surety herein named do hereby agree and bind themselves unto and guarantee the OWNER that all work done under said contract, was constructed to conform with specifications prepared by City of Owasso and in such a manner that the same shall endure without need of any repair arising from defective workmanship or materials for a period of two (2) years from and after the formal acceptance of said project by the OWNER, and that at the expense of said Principal and/or Surety, all failures occurring and arising from any defect in material or workmanship within said period of two (2) years shall be promptly repaired, within ten (10) days after notice to said Principal by letter deposited in the United States mail, addressed to said Principal at and copied to said Surety; and it being further agreed that upon the neglect, failure or refusal of the Principal to make any needed repairs or backfills upon said project or any work connected therewith within the aforesaid ten (10) day period or other city negotiated period, that the said Principal and Surety shall jointly and severally be liable to the OWNER for the costs and expenses of making such repairs or backf lls, or making good such defects or imperfections. MAINTENANCE BOND 0529 00420 - Page 1 of 2 NOW, THEREFORE, if the said Principal and Surety shall faithfully and securely keep and perform all of the obligations herein provided to be kept and performed by them, or either of them, then this obligation shall be null and void and of no force and effect, otherwise to be and remain in full force and effect at all times. SIGNED, SEALED AND DELIVERED this 21st day of April, 2015. ATTEST; Title (SEAL) Surety (SEAL) Contractor (Principal) Title (SEAL) Attorney -in -Fact (Accompany the bond with a Power of Attorney) MAINTENANCE BOND 0529 00420 - Page 2 of 2 SECTION 00430 STATUTORY PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT we, as Principal, and a corporation organized under the laws of as Surety, are held and firmly bound unto the State of Oklahoma, in the amount of Eighty -nine thousand, one - hundred hventy -three and 96/100 dollars ($89,123.96) lawful money of the United States of America, same being the approximate cost of the Contract for the payment of which we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Dated 21st day of April, 2015 WHEREAS, the said J &P VENTURES, LLC. did on the 21st day of April, 2015 enter into a certain contract with the City of Owasso, Oklahoma for FY 2014 -15 CDBG SIDEWALK PROJECT IN RAYOLA PARK, CITY OF OWASSO, OKLAHOMA. WHEREAS, this bond is given in compliance with OKLAHOMA STATUTES ANNOTATED, 1941, Title 61, Sections I and 2, as amended. NOW, THEREFORE, the conditions of the obligation are such that the proper and prompt completion of the work in accordance with the contract and shall ensure that the contractor shall pay all indebtedness incurred by said contractor, his subcontractors, and all material men for such labor, material, rental of machinery or equipment as are used or consumed in the performance of said contract, then this obligation shall be void, otherwise to remain in full force and effect. IN WITNESS WHEREOF, we have hereunto set our hands and seals the day first above written. (SEAL) (SEAL) PRINCIPAL C BONDING COMPANY 1 Attorney -in -Fact STATUTORYPAYMENTBOND 0529 00430 - Page 1 of 1 SECTION 00510 NOTICE OF AWARD TO: J &P VENTURES, LLC 7715 E 111th St Suite 125 Tulsa, OK 74133 Project Description: FY 2014 -15 CDBG SIDEWALK PROJECT IN RAYOLA PARK, CITY OF OWASSO, OKLAHOMA The OWNER has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids first published on January 29, 2015, and Instructions to Bidders. You are hereby notified that your BID for the above title project has been accepted for items in the amount of Eighty -nine thousand one - hundred twenty -three and 96/100 dollars ($89,123.96). You are required by the Information for Bidders to execute the Agreement and furnish the required CONTRACTOR'S Performance and Maintenance and Statutory Payment Bonds and Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said BONDS within ten (10) days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your BID as abandoned and as a forfeiture of your PROPOSAL SECURITY. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. By:_ Title: Dated this day of THE CITY OF OWASSO, OKLAHOMA IN Contract Administrator ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged by this day of NOTICE OF AWARD 0529 00510 - Pale 1 of I TO: J &P VENTURES, LLC 7715 E 111th St Suite 125 Tulsa, OK 74133 SECTION 00520 NOTICE TO PROCEED DATE: PROJECT: FY 2014 -15 CDBG SIDEWALK PROJECT IN RAYOLA PARK, CITY OF OWASSO, OKLAHOMA You are hereby notified to commence WORK in accordance with the Agreement dated on or before and you are to substantially complete the above work within (_) calendar days, which will be . The WORK is to be completed and ready for final payment within (_� calendar days. The date of final completion of all WORK is, therefore THE CITY OF OWASSO, OKLAHOMA Owner Contract Administrator ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by this day of Title: NOTICE ` PROCEED 0529 00520 - Page 1 of 1 SECTION 00600 0529 NOTICE TO PROCEED 00520 - Page 2 of I nTlopywa out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Larry Langford Recreation and Culture Director SUBJECT: Vision 2025 - Capital Improvements Agreement Community Center Project Balance DATE: April 17, 2015 BACKGROUND: On July 7, 2003, the Board of County Commissioners of Tulsa County adopted a Resolution calling for a special election to levy and collect sales tax to provide revenue for the purpose of capital improvements for community enrichment within Tulsa County, including $1,000,000 to be provided to fund construction of capital improvements. In 2004, the Owasso City Council approved Capital Improvements Agreement contracts with the Tulsa County Industrial Authority and the Board of County Commissioners of Tulsa County for the disbursement and utilization of Vision 2025 funds. (Memo dated March 12, 2004 is attached.) One such agreement was for the Owasso Community Center project for $1,000,000. The project of the Vision 2025 proposition was actually four projects, including new roof -top HVAC units for the existing Community Center, construction of a Community Build Park (Funtastic Island), acquisition of land for a Veteran's Memorial, and participation in the construction of a new recreational facility by the YMCA. Under the terms of the Capital Improvements Agreement dated April 30, 2004, 95% of the project funding was the maximum amount available to be drawn for the project. The remaining 5% in the amount of $50,000 was set aside and retained by the Tulsa County Industrial Authority. The actual project came in under budget which created a $1,331 unused balance. The retained amount along with savings equals $51,331 and is now available for disbursement for an Owasso Community Center project. USE OF FUNDS: On April 28, 2014, the City of Owasso received a letter (attached) from INCOG Area Agency on Aging presenting the findings and recommendations from their Americans with Disabilities (ADA) assessment of the Owasso Community Center. With added staff evaluation of facility needs, the following estimates are planned for utilization of described funds: Parking $7,500 Approach and Entrance $20,000 Restrooms $5,000 Flooring $20,000 Bus Stop $2,500 Approval of the attached Capital Improvements Agreement (2015) between the Board of County Commissioners of Tulsa County and the City of Owasso would provide for the release of the final $51,331 of Vision 2025 funding for the Owasso Community Center project. RECOMMENDATION: Staff recommends approval of the Capital Improvements Agreement between the Board of County Commissioners of Tulsa County and the City of Owasso to provide for the release of the final $51,331 of Vision 2025 funding for the Owasso Community Center project. ATTACHMENTS: Capital Improvements Agreement March 12, 2004 Memo Letter from INCOG OWASSO COMMUNITY CENTER PROJECT CAPITAL IMPROVEMENTS AGREEMENT by and between BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY, OKLAHOMA CITY OF OWASSO, OKLAHOMA Dated , 2015 TABLE OF CONTENTS 1. DEFINITIONS ........................................................................................ ..............................2 I.I. "Advance".... 2 1.2. "Application and Certificate for Payment" ................................. ............................... 2 13. "Approved Budget" .................................................................... ............................... 2 1.4. " Architect" ................................................................................... ..............................2 1.5. " Architect /Engineer Agreement " ............................................... ............................... 2 1.6. "Authority„ .............. ............................... 1.7. "Authorization and Certificate of Program Manager". ...................... ................. 2 1.8. "Authorization and Certificate of Project Manager" .................. ............................... 2 1.9. "Bidding Documents".., .................. ................ ...... .................... .............. 3 1.10. "Builder's Risk Insurance" ......................................................... ............................... 3 1.11. "Certificate of Compl etion" ........................................................ ............................... 3 1.12. "Change Orders" ......................................................................... ............................... 3 1.13. "Construction Advance" ............................................................. ............................... 3 1.14. "Construction Advance Request" ............................................... ............................... 3 1.15. "Construction Contracts" ............................................................ ............................... 3 1.16. "Construction Schedule" ............................................................. ............................... 3 1.17. "Contracting Party".. ................................. ............................................ .............. 3 1.18. "Contractors" .............................................................................. ............................... 3 1.19. "Cost of Const ruction" ................................................................ ............................... 3 1.20. " County" ..................................................................................... ............................... 4 1.21. "Depository"... .................................. ................................... ............................. 4 " Engineer ................ ......................... 1.23. "Governmental Approvals" ........................................................ ............................... 4 1.24. "Governmental Authority" .......................................................... ............................... 4 1.25. "Government Requirements" ...................................................... ............................... 4 1.26. "Improvements"..... , ............... ..................... ............................ .......... 4 127. " Land" .......................................................................................... ..............................4 1.28. "Maximum Amount of Advances" ............................................. ............................... 4 1.29. "Non- Construction Advance Request" ....................................... ............................... 4 1.30. "Non- Construction Advance" ..................................................... ............................... 4 1.31. "Opinion of Contracting Party's Counsel" ................................. ............................... 4 1.32. "Payment and Performance Bonds" ............................................ ............................... 5 1.33. "Plans" ........................................................................................ ............................... 5 1.34. "Previous Capital Improvements Agreements" .......................... ............................... 5 1.35. "Program Manager" .................................................................... ............................... 5 1.36. "Project ....................................................................................... ............................... 5 1.37. "Project Manager" ...................................................................... ............................... 5 1.38. "Project Manager Agreement" .................................................... ............................... 5 1.39. "Sales Tax" ................................................................................. ............................... 5 1.40. "Termination Event" ................................................................... ............................... 6 1.40.1. Breach of Covenants .............................................................. ............................... 6 1.40.2. Representations and Warranties ............................................. ............................... 6 1.40.3. Insolvency .............................................................................. ............................... 6 1.40.4. Previous Capital Improvements Agreement .......................... ............................... 6 i 2. OBLIGATION OF BOARD TO MAKE ADVANCES 6 ...................... ............................... 3. CONDITIONS PRECEDENT TO THE BOARD'S OBLIGATION TO MAKE THE INITIALADVANCE ............................................................................. 6 ............................... 4. CONDITIONS PRECEDENT TO BOARD'S OBLIGATION TO MAKE CONSTRUCTION ADVANCES .......................................................... ............................... 7 5. CONDITIONS PRECEDENT TO BOARD'S OBLIGATION TO MAKE NON - CONSTRUCTION ADVANCES .......................................................... ............................... 6. DISBURSEMENT PROCEDURE 8 .......................... ............................... ....................... 6.1. Request for Construction Advance 9 ............................................. ............................... 9 6.2. Request for Non - Construction Advance ..................................... ............................... 9 6.3. Board's Inspection .................................................................... ............................... 10 6.4. Disbursements ............................................................................. .............................10 6.5. Maximum Amount of Advances ............................................... ............................... 10 6.6. Date after which Advances Cease ............................................. ............................... 10 6.7. Advances Solely from Sales Tax .............................................. ............................... 10 6.8. Advances Subject to Annual Appropriation ............................. ............................... 10 6.9. Subordination of Obligation to Make Advances ...................... ............................... 10 6.10. Amount of Disbursements Required ......................................... ............................... 11 6.11. Constriction Retainage ............................................................. ............................... 11 7. REPRESENTATIONS AND WARRANTIES OF CONTRACTING PARTY . ........... 11 7.1. Existence and Qual ification ...................................................... ............................... 11 7.2. Authority, Approval and Enforceability ................................... ............................... 11 7.3. No Violations... ........................................................................................................ 12 7.4. Disclosure ................................................................................... .............................12 7.5. Continuing Nature of Representations ...................................... ............................... 12 S. REPRESENTATIONS AND WARRANTIES OF BOARD .............. .............................12 8.1. Authority, Approval and Enforceability ................................... ............................... 12 8.2. Disclosure ................................................................................... .............................12 9. REMEDIES ............................................................................................ .............................12 9.1. Termination Advances of .......................................................... ............................... 12 9.2. Waiver of Termination Event ................................................... ............................... 12 9.3. Cumulative Remedies ............................................................... ............................... 13 10. SUBSTANTIAL COMPLETION OF THE PROJECT ..................... .............................13 11. INSURANCE .......................................................................................... .............................13 12. CHANGE ORDERS ............................................................................ 13 ............................... 13. AUDIT ..................................................................................................... .............................13 14. COPIES OF FILED LIENS .................................................................. .............................13 15. GOVERNMENT REQUIREMENTS AND PUBLIC COMPETITIVE BIDDING ACT......................................................................................................... .............................13 16. CONSTRUCTION CONTRACTS ....................................................... .............................13 17. VISION 2025 SIGNAGE ....................................................................... .............................13 18. GENERAL CONDITIONS ................................................................... .............................14 18.1. Nonwaiver ................................................................................... .............................14 18.2. The Board's Satisfaction ........................................................... ............................... 14 18.3. Establishnnent of Facts... ...................... ................................................................... 14 18.4. Relationship of Parties .............................................................. ............................... 14 ii 18.5. 18.6. 18.7. 18.8. 18.9. 18.10. 18.11. 18.12. 18.13. 18.14, 18.15. 18.16. 18.17. Conditions for Exclusive Benefit of the Board. . ............................. Notices............................................................... ............................... Amendment; Waiver .......................................... ............................... Rights and Remedies .......................................... ............................... GovemmgLaw .................................................. ............................... Third Party Beneficiary ...................................... ............................... Prohibition Against Assignment. . ..................................................... EntireAgreement ............................................... ............................... Captions and Paragraph Headings... ................................................. Timeof Essence ................................................. ............................... BindingEffect .............................................. ............................... Severability .................................................. ............................... Invalidity of Provisions ................................ ............................... LIST OF EXHIBITS Exhibit "A" Description of Project Exhibit `B" Description of Land Exhibit "C" Authorization and Certificate of Program Manager Exhibit "D" Authorization and Certificate of Project Manager Exhibit `B" Construction Advance Request Exhibit "F" Non - Construction Advance Request iii ............................. 16 ........................... 16 ............................. 16 CAPITAL IMPROVEMENTS AGREEMENT This CAPITAL IMPROVEMENTS AGREEMENT (the "Agreement ") made and entered into this _ day of 2015, by and between the BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY, OKLAFOMA (the `Board") and the CITY OF OWASSO, OKLAHOMA (the "Contracting Party "). RECITALS A. The Authority was created pursuant to a Trust Indenture dated March 1, 1965, as a public trust for the use and benefit of the County of Tulsa, Oklahoma, under authority of and pursuant to the provisions of Title 60 O.S. 2001, §176- 180.3, inclusive, as amended and supplemented and other applicable statutes of the State of Oklahoma. B. On July 7, 2003, the Board adopted a Resolution (the "Resolution ") calling for a special election to levy and collect a sales tax ( "Sales Tax ") to provide revenue for the purpose of capital improvements for community enrichment within Tulsa County, Oklahoma, including $1,000,000.00 (the "Contracting Party Amount ") to be provided to fund the construction of capital improvements described within Exhibit "A" attached hereto (the "Improvements ") on real property described within Exhibit `B" attached hereto (the "Land "). (The Improvements and the Land being hereinafter collectively referred to as the "Project'). C. On September 9, 2003, the duly qualified electors of Tulsa County, Oklahoma, did approve the levy and collection of such sales tax for the purposes set forth above. D. The Contracting Party has requested the Board to make, pursuant to the Resolution, disbursements of Sales Tax to the Contracting Party for the costs of the design, acquisition, construction, equipping and furnishing of the Project (the "Advances "). The Advances are in addition to advances to the Contracting Party made or to be made pursuant to a previous Capital Improvements Agreement regarding the Project dated May 27, 2004, by and among the Tulsa County Industrial Authority (the "Authority "), the Board and the Contracting Party (herein referred to as the "Previous Capital Improvements Agreement "). In consideration of the foregoing and of the mutual covenants, conditions, and promises set forth herein and other good and valuable considerations, the receipt, sufficiency and validity of which are hereby acknowledged, the parties hereto agree to the following terms and conditions. AGREEMENT 1. DEFINITIONS. The following terms for all purposes of this Agreement have the following meanings. Unless the context otherwise indicates, words importing the singular shall include the plural and vice versa and the use of the neuter, masculine or feminine gender is for convenience only and shall be deemed to mean and include the neuter, masculine and feminine gender. 1.1. "Advance" shall mean any of the Advances as defined within paragraph D of the Recitals hereof, and shall be Construction Advances or Non - Construction Advances. 1.2. "Application and Certificate for Payment" means an application for payment in the form of American Institute of Architects Document G702, Application and Certificate for Payment, and American Institute of Architects Document G703, Continuation Sheets, showing by trade the cost of work on the Project and the cost of materials incorporated into the Improvements or stored on the Land, all to be stated in the Application and Certificate for Payment, which Application and Certificate for Payment shall be signed by the Contracting Party, the appropriate Contractor under the Construction Contracts and the Architect, Engineer or Project Manager and shall show the percentage of completion of each construction line item on the Approved Budget. 13. "Approved Budget" means a budget or cost schedule prepared by the Contracting Party in form and content satisfactory to the Board and specifying: (i) that portion, if any, of the cost of the Project to be paid by the Contracting Party with funds other than proceeds of the Bonds, and (ii) the cost by item of all Costs of Construction in accordance with the Plans and all Government Requirements and estimating the dates on which the Contracting Party contemplates requiring Advances from the Board hereunder, as amended from time to time by the Contracting Party with the consent of the Board. 1.4. "Architect" means the architect(s) who execute the Architect/Engineer Agreement. 1.5. "Architect/Engineer Agreement" means the agreement between the Contracting Party and the Architect or Engineer regarding the Improvements. 1.6. "Authority" means Tulsa County Industrial Authority, an Oklahoma public trust. 1.7. "Authorization and Certificate of Program Manager" means the Authorization and Certificate of Program Manager signed by the Program Manager in the form and content set forth on Exhibit "C" hereto. 1.8. "Authorization and Certificate of Project Manager" means the Authorization and Certificate of Project Manager signed by the Architect, Engineer or Project Manager, as determined by the Board, in the form and content set forth on Exhibit "D" hereto. Q: \TCL4 \CityofOwassoCom unit)Ctr2- REIMBURSEMEN "P AGR.doc 2 1.9. "Bidding Documents" means the bid notices, instruction to bidders, plans and specifications, bidding forms, bidding instructions, general conditions, special conditions and all other written instruments prepared by or on behalf of the Contracting Party for use for prospective bidders on public construction contracts regarding the Improvements. 1.10. `Builder's Risk Insurance" means extended coverage insurance against loss or damage by fire, lightning, wind storm, hail, explosion, riot, vandalism, malicious mischief, riot attending a strike, civil commotion, aircraft, vehicles, smoke and other risks from time to time included under "extended coverage" policies, in an amount equal to 100% of the full replacement value of the Improvements. 1.11. "Certificate of Completion" means a certificate satisfactory to the Board signed by the Contracting Party and the Architect, Engineer or the Project Manager (as determined by the Board) certifying that the construction, equipping and furnishing of the Improvements have been completed in accordance with the Plans and setting forth the date of such completion. 1.12. "Change Orders" mean changes or modifications to any Construction Contractor any other contract with labor or material suppliers. 1.13. "Construction Advance" means any Advance for Costs of Construction which are properly payable to appropriate Contractors pursuant to the Construction Contracts. 1.14. "Construction Advance Request" means a written request from the Contracting Party to the Board specifying the requested Construction Advance amount and the disbursement date and making certifications to the Board, all as more specifically set forth in the Construction Advance Request form, a copy of which is attached hereto as Exhibit `B." 1.15. "Construction Contracts" means the agreements between the Contracting Party and the Contractors providing for the construction, equipping and furnishing of the Project. 1.16. "Construction Schedule" means a schedule of the construction, equipping and furnishing of the Improvements from the commencement date of construction, in form and content satisfactory to the Board, as amended from time to time by the Contracting Party with consent of the Board. 1.17. "Contracting Party" means the City of Owasso, Oklahoma. 1.18. "Contractors" means the contractors who execute Construction Contracts 1.19. "Cost of Construction" means all costs of designing, acquiring, constructing, equipping and furnishing the Project, including, but not limited to, the cost of land or any interest in land, obligations incurred for labor and materials and to architects, project managers, contractors, builders and materialmen; the restoration or relocation of property damaged or destroyed in connection with the construction; and the cost of machinery, equipment or supplies purchased by the Contracting Party for inclusion as part of the Project. Q: \TCtA\CipyofOwassoCom unityCtr2- REMBURSEMENT AGR doc 3 1.20. "County" means Tulsa County, Oklahoma. 1.21. "Depository" means BOKF, NA dba Bank of Oklahoma, Tulsa, Oklahoma, a national banking association, organized and existing under the laws of the United States of America, and its successors and any corporation resulting from or surviving any consolidation or merger to which it or its successors may be a party. 1.22. "Engineer" means the engineer(s) who execute the Architect/Engineer Agreement. 1.23. "Governmental Approvals" means authorizations required by Governmental Authorities for the construction and operation of the Improvements contemplated by the Plans, including, .without limitation, a copy of the building permit and zoning clearance issued by the city which has jurisdiction over the contemplated project. 1.24. "Governmental Authority" means the United States, the state, the County, the city or any other political subdivision in which the Land is located, and any other political subdivision, agency or instrumentality exercising jurisdiction over the Contracting Party or all or any portion of the Land. 1.25. "Government Requirements" means all laws, orders, decrees, ordinances, rules and regulations of any Governmental Authority. hereto. 1.26. "Improvements" means the Improvements described within Exhibit "A" attached 1.27. "Land" means the real property described within Exhibit `B" attached hereto. 1.28. "Maximum Amount of Advances" means $50,000.00. 1.29. "Non- Construction Advance Request" means a written request from the Contracting Party to the Board specifying the requested Non - Construction Advance amount and the disbursement date and making certain certifications to the Board, all as more specifically set forth in the Non - Construction Advance Request form, a copy of which is attached hereto as Exhibit "F." 130. "Non- Construction Advance" means any Advance for the payment of Costs of Construction other than the costs and fees which are properly payable to the appropriate Contractors pursuant to the Construction Contracts. 1.31. "Opinion of Contracting Party's Counsel" means an opinion from the Contracting Party's counsel addressed to the Board, which opinion shall be in form and content satisfactory to the Board and shall include, but not be limited to, the following (i) the Contracting Party has the authority and capacity to enter into this Agreement; (ii) this Agreement is a legal, valid and binding obligation against the Contracting Party, fully enforceable in accordance with its terms under applicable laws, except as the enforceability thereof may be limited by applicable \ TCrA \Cityof0wassoCommunityCtr2- REIMBURSEMENT AGR.doc 4 bankruptcy, insolvency or other similar laws affecting the enforcement of creditors' rights generally and by general principles of equity; (iii) the Costs of Construction may be lawfully funded with the proceeds of the Bonds and with the proceeds of the Sales Tax; (iv) there are, to the Contracting Party's counsel's knowledge; no actions or proceedings pending or threatened in any court or governmental department or agency which would affect the validity of this Agreement or any of the instruments, documents or agreements delivered by the Contracting Party under the terms of this Agreement; (v) the Contracting Party has obtained all necessary federal, state and local govermnental approvals, licenses and permits necessary to comply with any and all Governmental Requirements relating to the Land, the construction of the Improvements thereon and the occupancy thereof; (vi) such delivery and compliance by the Contracting Party with the terms of this Agreement do not, to the Contracting Party's counsel's best knowledge, conflict with or violate any agreement to which the Contracting Party is a party or is bound; and (vii) the Contracting Party is a duly organized and validly existing municipal corporation under the laws of the State of Oklahoma. 1.32. "Payment and Performance Bonds" means separate performance and labor and material payment bonds with respect to the Construction Contracts in the full amount of Construction Contracts. 133. "Plans" means all detailed plans, specifications and supporting documents for the construction of the Improvements prepared by the Architect or Engineer, as amended from time to time by the Contracting Party with consent of the Board. 1.34. "Previous Capital Improvements Agreements" means the Capital Improvements Agreement regarding the Project dated May 27, 2004, by and among the Authority, the Board and the Contracting Party. 1.35. "Program Manager" means Program Management Group, L.L.C. 1.36. "Project" means the Improvements and the Land. 1.37. "Project Manager" means the project manager or construction manager who executes the Project Manager Agreement. 1.38. "Project Manager Agreement" means the agreement between the Contracting Party and the Project Manager regarding the Improvements. 1.39. "Sales Tax" shall mean that certain sales tax levied and collected by the County as set forth in the propositions approved by the registered, qualified voters of the County at an election held for that purpose on September 9, 2003, which propositions provide for the County of Tulsa, Oklahoma, by its Board of County Commissioners, to levy and collect a sixty (60) percent of one (1) percent (.60 %) sales tax for the purpose of providing funds to Tulsa County, Oklahoma, to improve the general economic conditions of the people of the County (i) by funding capital improvements for American Airlines which will promote economic development for and provide additional jobs and payroll within the County; (ii) by funding educational, health care and events facilities which will promote economic development for and provide additional Q:\ TCC4\ City of OwmsoCommunityCV2- REU,4BURSEMENT AGR.doc 5 jobs and payroll within the County; and (iii) by constructing capital improvements for community enrichment within the County; and /or to be applied or pledged toward the payment of principal and interest on any indebtedness, including refunding indebtedness, incurred by or on behalf of Tulsa County for such propose, commencing January 1, 2004, and continuing thereafter for a period of thirteen (13) years. 1.40. "Termination Event" shall mean the occurrence of any of the following: 1.40.1. Breach of Covenants. Failure by the Contracting Party in the punctual performance or observation of any covenant or agreement on its part in this Agreement, and such default shall have continued for a period of thirty (30) days after written notice thereof, specifying such default and requiring the same to be remedied, shall have been given to the Contracting Party by the Board. 1.40.2. Representations and Warranties. Any representation, statement, certificate, schedule or report made or furnished to the Board by the Contracting Party proves to be false or materially misleading at the time of the making thereof, or any warranty ceases to be complied with in any material respect, and Contracting Party fails to take or cause to be taken corrective measures satisfactory to the Board within thirty (30) business days after receipt of written notice from the Board relating to the particular Termination Event. 1.40.3. Insolvency-The Contracting Party shall (i) apply for or consent to the appointment of a receiver, trustee or a liquidator of the Contracting Party or its properties; (ii) admit in writing the inability to pay its debts as they mature; (iii) make a general assignment for the benefit of creditors; (iv) commence any proceeding relating to the bankruptcy, reorganization, liquidation, receivership, conservatorship, insolvency, readjustment of debt, dissolution or liquidation of the Contracting Party; or (v) becomes insolvent. 1.40.4. Previous Capital Improvements Agreement. The existence of a Termination Event under either of the Previous Capital hnprovements Agreement. 2. OBLIGATION OF BOARD TO MAKE ADVANCES. The Board shall cause its Depository to make Advances for the use and benefit of the Contracting Party for a portion of the costs of the acquisition, construction, equipping and furnishing of the Improvements described within Exhibit "A" hereto, subject to and in accordance with the terms and provisions of this Agreement; provided, however, the total amount of Advances shall not exceed the Maximum Amount of Advances. In the event the Contracting Party expends funds other than Advances hereunder in the acquisition, construction, equipping and furnishing of the Project, such expenditures shall not reduce the Contracting Party Amount or the aggregate amount of Advances available to the Contracting Party hereunder. 3. CONDITIONS PRECEDENT TO THE BOARD'S OBLIGATION TO MAKE THE INITIAL ADVANCE. It is expressly agreed that the Board shall not be obligated to make the initial Advance hereunder until the following conditions have been satisfied, unless waived by the Board at its sole discretion. In the event the Board elects to waive any requirements or Q:\ TCLA\ CilyOR) %aSSOCanmwityCtr2- REIMBURSEMENT AGRAac 6 conditions contemplated herein with regard to the initial Advance, such waiver shall not preclude the Board from thereafter requiring full and complete performance of all terms, conditions and requirements with regard to any subsequent Advance. 3.1. The Board has received the following documents: 3.1.1. Approved Budget; 3.1.2. Written detailed description of the Project; 3.1.3. Construction Schedule; 3.1.4. Opinion of Contracting Party's Counsel; 3.1.5. Copy of Project Manager Agreement, if any; 3.1.6. Copies of all other then- existing agreements executed by the Contracting Party in connection with the acquisition, construction, equipping and furnishing of the Project; and 3.1.7. Such other documents, certificates and instruments in connection with the Project, in form and substance satisfactory to the Board or its Program Manager as the Board or its Program Manager may reasonably request. 12. The representations and warranties set forth within Section 7 hereof shall be true and correct on and as of the date of the initial Advance with the effect as if made on such date. 3.3. No Termination Event exists under this Agreement. 4. CONDITIONS PRECEDENT TO BOARD'S OBLIGATION TO MAKE CONSTRUCTION ADVANCES. It is expressly agreed that the Board's obligation to make any Construction Advance shall be subject to satisfaction of the following conditions, unless waived by the Board at its sole discretion. In the event the Board elects to waive any requirements or conditions contemplated herein with regard to any such Construction Advance, such waiver shall not preclude the Board from thereafter requiring full and complete performance of all terms, conditions and requirements with regard to any subsequent Advance. 4.1 All conditions for all previous Advances must be satisfied or expressly waived in writing by the Board as of the date of the pending Construction Advance. 4.2 The Board has received the following documents: 4.2.1. Copy of Architect/Engineer Agreement; 4.2.2. Plans; Q:\TCLA\CityofO��'a SoCOm mityCt2- REIMBURSEMLNT AGttdoc 7 4.2.3. Copy of all Construction Contracts; 4.2.4. Copy of all Governmental Approvals; 4.2.5. Copy of all insurance policies required by Section 11 hereof or certificates that such insurance is in full force and effect; 4.2.6 Copy of Payment and Performance Bonds; 4.2.7. Copy of all Bidding Documents; 4.2.8. All amendments to documents previously delivered to the Board by the Contracting Party hereunder; and 4.2.9. Copies of all then - existing agreements executed by the Contracting Party in connection with the acquisition, construction, equipping and furnishing of the Project, not previously submitted to the Board; 4.2.10. Such other documents, certificates and instruments in connection with the Project, in form and substance satisfactory to the Board or its Program Manager as the Board or its Program Manager may reasonably request. 4.3. The Construction Advance complies and is in accordance with the Approved Budget. 4.4 The representations and warranties set forth within Section 7 hereof shall be true and correct on and as of the date of the pending Construction Advance with the effect as if made on such date. 4.5 No Termination Event exists under this Agreement. 5. CONDITIONS PRECEDENT TO BOARD'S OBLIGATION TO MAKE NON - CONSTRUCTION ADVANCES. It is expressly agreed that the Board's obligation to make any Non - Construction Advance shall be subject to satisfaction of the following conditions, unless waived by the Board at its sole discretion. In the event the Board elects to waive any requirements or conditions contemplated herein with regard to any such Non - Construction Advance, such waiver shall not preclude the Board from thereafter requiring full and complete performance of all terms, conditions and requirements with regard to any subsequent Advance. 5.1. All conditions for all previous Advances must be satisfied or expressly waived in writing by the Board as of the date of the pending Non - Construction Advance. 5.2. The Board has received the following documents. 5.2.1. All amendments to documents previously delivered to the Board by the Contracting Party hereunder; and QiTCIA\ CityofOl msoCommuniryCV2- REIMaURSEMEN'r AGAdoc 8 5.2.2. Such other documents, certificates and instruments in connection with the Project, in form and substance satisfactory to the Board or its Program Manager as the Board or its Program Manager may reasonably request. 53. The Non - Construction Advance complies and is in accordance with the Approved Budget. 5.4. The representations and warranties set forth within Section 7 hereof shall be true and correct on and as of the date of the pending Non - Construction Advance with the effect as if made on such date. 5.5. No Termination Event exists under this Agreement. 6. DISBURSEMENT PROCEDURE. Subject to compliance by the Contracting Party with all the terms, provisions and conditions of this Agreement, including, but not limited to, the conditions precedent set forth within Sections 3, 4 and 5 hereof, the Board will cause its Depository to disburse sums to the Contracting Party, or to the appropriate payee, for the purpose of paying Costs of Construction items specified in the Approved Budget, in accordance with the following procedures: 6.1. Request for Construction Advance. Not less than fifteen (15) business days before the date on which the Contracting Party desires a Construction Advance, but not more frequently than monthly, the Contracting Party shall submit to the Board a Construction Advance Request, which shall be accompanied by the following: 6.1.1. Application and Certificate for Payment dated as of the date of the Request for Advance; 6.1.2. Billing statements, vouchers and invoices, in form and content satisfactory to the Board, with regard to items that are the subject of the Construction Advance Request; 6.1.3. If the Construction Advance is for the purpose of reimbursing the Contracting Party for Costs of Construction previously paid by the Contracting Party, evidence satisfactory to the Board of such prior payment; 6.1.4. if requested by the Board, appropriate waivers of lien rights, in form and content satisfactory to the Board and its legal counsel, executed and acknowledged by all Contractors, sub - contractors, laborers and materialmen who have furnished labor or materials relating to the Improvements; 6.1.5. Authorization and Certification of Project Manager. 6.2. Request for Non - Construction Advance. Not less than fifteen (15) business days before the date on which the Contracting Party desires a Non - Construction Advance, but not Q:\ TCIA\ CiNO10� %WSOCOMM=iryCtr2- REHIMURSEMENT AGR.doc 9 more frequently than monthly, the Contracting Party shall submit to the Board a Non - Construction Advance Request, which shall be accompanied by the following: 6.2.1. Billing statements, vouchers and invoices, inform and content satisfactory to the Board, with regard to items that are subject of the Non - Construction Advance Request; 6.2.2. If the Non - Construction Advance is for the purpose of reimbursing the Contracting Party for Costs of Construction previously paid by the Contracting Party, evidence satisfactory to the Board of such prior payment; 6.3. Board's Inspection. If, for any reason, the Board or its Program Manager deems it necessary to cause the Project to be examined by the Program Manager prior to making any Advance, it shall have a reasonable time within which to do so, and the Board shall not be required to make any submissions to the Trustee until such examination has been made. The Board and its Program Manager shall have the tight, upon reasonable prior notice, to enter the Project at all reasonable times for the purpose of examining and inspecting the Project. The Board and its Program Manager shall also have the right at all reasonable times to examine the books and records of the Contracting Party regarding the Project. 6.4. Disbursements. Upon receipt by the Board of the items required by Sections 3, 4, 5, 6.1 and 6.2 hereof, or as soon thereafter as all conditions precedent to the requested Advance have been satisfactorily met, including delivery to the Board of an Authorization and Certificate of Program Manager, the Board shall approve the Construction Advance Request or the Non - Construction Advance Request, as applicable, and cause its Depository to disburse to the Contracting Party, or to the appropriate payee, for Costs of Construction the amount of the requested Advance. 6.5. Maximum Amount of Advances The total amount of all Advances under this Agreement shall not exceed the Maximum Amount of Advances. 6.6. Date after which Advances Cease. Notwithstanding anything herein to the contrary, the Board shall have no duty to make or cause the making of Advances hereunder to the Contracting Party after March 31, 2017. 6.7. Advances Solely from Sales Tax. All Advances hereunder shall be made by the Board solely from Sales Tax proceeds. 6.8. Advances Subiect to Annual Appropriation. It is hereby acknowledged that under applicable Oklahoma law, the Board may not become obligated beyond its fiscal year (July 1 through June 30) and therefore, the covenants made herein by the Board shall be on a year -to- year basis. The Board's obligation to make Advances is subject to the availability of funds and annual appropriations thereof by the Board. 6.9. Subordination of Obligation to Make Advances. The Board's obligation to make Advances is fully subordinate to the Board's obligation to make payments of Sales Tax proceeds Q: \TCIA \Cityofowa soCommunityCtr2- REIMBURSEMENT AGRAm 10 pursuant to projects agreements between the Board and the Tulsa County Industrial Authority (the "Authority ") securing the payment of bonds issued by the Authority. 6.10 Amount of Disbursements Required. The amount of disbursements required to be made by the Board pursuant to Section 11 of the Previous Capital Improvements Agreement, shall be reduced by the amount of Advances made pursuant to this Agreement. 6.11. Construction Retainaae. An amount equal to five percent (5 %) of the Maximum Amount of Advances shall be retained by the Board. Such Retainage shall be disbursed upon completion of the construction, equipping and furnishing of the Improvements, provided: 6.11.1. A Construction Advance Request shall have been submitted to the Board with respect to such retainage; 6.11.2. A Certificate of Completion shall have been submitted to the Board, accompanied by a certificate of occupancy for the Improvements and such other written evidence reasonably required by the Board of the approval of the municipality where the Improvements are located, reflecting that the Improvements in their entirety are available for permanent occupancy; 6.11.3 The written consent of the sureties named within the Payment and Performance Bonds shall have been submitted to the Board. 6.11.4. The Board has received appropriate waivers of lien rights, in form and content satisfactory to the Board and its legal counsel, executed and acknowledged by all Contractors, sub - contractors, laborers and materialmen who have furnished labor or materials relating to the Improvements; 6.11.5. The Contracting Party has complied with all the terms, provisions and conditions of this Agreement; including, but not limited to the conditions precedent and procedures set forth within Sections 3, 4, 5 and 6 hereof; 6.11.6. The representations and warranties set forth within Section 7 hereof shall be true and connect on the date of disbursement of such retainage; and 6.11.7. No Termination Event exists under the Agreement. 7. REPRESENTATIONS AND WARRANTIES OF CONTRACTING PARTY. The Contracting Party represents and warrants to, and covenants with, the Board as follows: 7.1. Existence and Qualification. The Contracting Party has all requisite power and authority to own, operate and lease its properties and to carry on its business as presently conducted. 7.2. Authority, Approval and Enforceability. The Contracting Party has all requisite power and authority to execute and deliver this Agreement and to perform its obligations Q:\ TCIA\ CityofOw assoCommunityCtr2- RErMBURSEMENT AG2doc II under this Agreement. This Agreement has been duly executed and delivered on behalf of the Contracting Party and constitutes the legal, valid and binding obligation of the Contracting Party. 7.3. No Violations. Based upon a reasonable investigation, there exist no violations of any statutes, rules, orders, ordinances, regulations or requirements of any Governmental Authorities with respect to the Land, and the anticipated use thereof complies with all applicable statutes, rules, ordinances, regulations or requirements (including, without limitation, zoning, environmental, ecological, landmark and all other applicable categories) affecting the Land. 7.4. Disclosure. The representations and warranties made to the Board by the Contracting Party contain no untrue statements of material facts, and the Contracting Party has not intentionally omitted to disclose any material fact. 7.5. Continuing Nature of Representations. Each of the representations and warranties set forth herein will be true on the date of each Advance hereunder, and the acceptance of any Advance hereunder by the Contracting Party shall be deemed to be a reaffirmation of each and every one of said representations and warranties. 8. REPRESENTATIONS AND WARRANTIES OF BOARD. The Board hereby represents and warrants to, and covenants with the Contracting Party as follows: 8.1. Authority. Approval and Enforceability. The Board has all requisite power and authority to execute and deliver this Agreement and to perform its obligations under this Agreement. This Agreement has been executed and delivered on behalf of the Board and constitutes a legal and binding obligation of the Board, enforceable against the Board in accordance with its terms. 8.2. Disclosure. The representations and warranties made to the Contracting Party by the Board contain no untrue statement of material fact and the Board has not intentionally omitted to disclose any material fact. 9. REMEDIES. Upon the occurrence of a Termination Event, the Board may, at its option: 9.1. Tennination of Advances. Terminate the making of Advances. 9.2. Waiver of Termination Event. The Board may, at its option, by an instrument in writing signed by the Board, waive any Termination Event which shall have occurred and any consequences of such Termination Event and, in such event, the Contracting Party and the Board shall be restored to their former respective rights and obligations hereunder. Any Termination Event so waived shall, for purposes of this Agreement, be deemed to have been cured and not to be continuing; but no such waiver shall extend to any subsequent or other Termination Event or impair any consequence of such subsequent or other Termination Event or any of the Board's rights relating thereto. Q:\ TCIA\ Ciryol0wassoCommunityCtr2- REINMURSEMENr AGR.doc 12 9.3. Cumulative Remedies. The remedies herein provided shall be in addition to and not in substitution for the rights and remedies which would otherwise be vested in the Board in law or equity, all of which rights and remedies are specifically reserved by the Board. The remedies herein provided or otherwise available to the Board shall be cumulative and may be exercised concurrently. The failure to exercise any of the remedies herein provided shall not constitute a waiver thereof, nor shall use of any of the remedies hereby provided prevent the subsequent or concurrent resort to any other remedy or remedies which by this Agreement or by law or equity shall be vested in the Board. As a condition to any Advance after a Termination Event, the Board may require the completion of the Project by methods and in a manner satisfactory to the Board. 10. SUBSTANTIAL COMPLETION OF THE PROJECT. The Contracting Party shall complete the construction, equipping and furnishing of the Improvements in accordance with the Plans and submit to the Board a Certificate of Substantial Completion on or before March 31, 2017. 11. INSURANCE. The Contracting Party shall, at all times during the construction of the Improvements, maintain or cause the Contractors to maintain in full force and effect Builder's Risk Insurance. In addition, the Contracting Party shall cause the Contractors at all times during the construction of the Project to maintain general liability insurance in an amount reasonably required by the Board and shall cause the Contractors to maintain worker's compensation insurance as required by law. 12. CHANGE ORDERS. The Contracting Party shall deliver to the Board copies of all Change Orders within five (5) business days after the respective dates of approval thereof. 13. AUDIT. The Board shall have the right at all reasonable times during regular business hours to audit or cause the audit of the books and records of the Contracting Party pertaining to the acquisition, construction, equipping and furnishing of the Project and to audit or cause the audit of the administration of the acquisition, construction, equipping and furnishing of the Project. 14- COPIES OF FILED LIENS. The Contracting Party shall deliver to the Board copies of all mechanics', materialmen's or laborers' liens filed against the Improvements or the Land, within five (5) days after the Contracting Party's knowledge thereof. 15. GOVERNMENT REQUIREMENTS AND PUBLIC COMPETITIVE BIDDING ACT. The Contracting Party shall construct the Improvements in accordance with all applicable Government Requirements and shall, in connection therewith, comply with the Oklahoma Public Competitive Bidding Act of 1974 and any amendments thereto. 16. CONSTRUCTION CONTRACTS. The Contracting Party shall at all times comply with the terms and provisions of the Construction Contracts. IT VISION 2025 SIGNAGE. The Board shall, at all times prior to July 1, 2017, have the right to place a sign or signs upon the Project identifying the Project as a Project funded by Q:\ TCIA\ CityoIDwassoCommunityCtr2- REIMBURSEMENT AGR.doc 13 Vision 2025 Sales Tax. Such sign or signs and the location thereof shall be subject to the approval of the Contracting Party, which approval shall not be unreasonably withheld or delayed. 18. GENERAL CONDITIONS. The following conditions shall be applicable throughout the term of this Agreement. 18.1. Nonwaiver. No Advance hereunder shall constitute a waiver of any of the conditions of the Board's obligation to make further Advances, nor, in the event the Contracting Party is unable to satisfy any such condition, shall any such waiver have the effect of precluding the Board from thereafter declaring such inability to be a Termination Event as hereinabove provided. 18.2. The Board's Satisfaction. All proceedings taken in connection with the transactions provided for herein and all documents required or contemplated by this Agreement must be reasonably satisfactory to the Board. 18.3. Establishment of Facts. If any condition of this Agreement requires the submission of evidence of the existence or nonexistence of a specified fact or facts or implies as a condition the existence or nonexistence, as the case may be, of such fact or facts, the Board shall, at all times, be free to independently establish to its satisfaction and in its absolute discretion such existence or nonexistence. 18.4. Relationship of Parties. The Board is neither a partner nor joint venturer with the Contracting Party or any other party in connection with the Project. The Board shall not in any way be liable or responsible by reason of the provisions hereof, or otherwise, for the payment of any claims growing out of the construction of the Improvements or the Land. 18.5. Conditions for Exclusive Benefit of the Board. All conditions of the obligations of the Board to make Advances hereunder are imposed solely and exclusively for the benefit of the Board and its assigns, and no other person shall have standing to require satisfaction of such conditions in accordance with their terms and no other person shall, under any circumstances, be deemed to be beneficiary of such conditions. 18.6. Notices. Any notice, request, complaint, demand, communication or other paper shall be sufficiently given and shall be deemed given when delivered or mailed by registered or certified mail, postage prepaid or sent by telegram, addressed as follows: S4. 4 Board of County Commissioners 500 South Denver Tulsa OK 74103 Attn: Chairman Q:\ TCIA \CityolOwassoCommwiryCtr2 -RE MBURSENIihTr AGRdoc 14 With a copy to Riggs, Abney, Neal, Turpen, Orbison & Lewis Attn: James C. Orbison Frisco Building 502 West Sixth Street Tulsa OK 74119 (918) 587 -3161 (Phone) (918) 584 -1603 (Fax) Contracting Party: City of Owasso, Oklahoma 111 North Main Street Owasso OK 74055 Attn: City Manager The parties hereto may designate any further or different addresses to which subsequent notices, certificates or other communications shall be sent. The above addresses may be changed at any time upon written notice of such change sent by United States mail, postage prepaid to the other parties by the party effecting the change. 18.7. Amendment; Waiver. This Agreement may not be amended, modified, waived, discharged or terminated in any way, except by an instrument in writing executed by all parties hereto; PROVIDED, HOWEVER, the Board may, in writing: (i) extend the time for performance of any of the obligations of the Contracting Party; (ii) waive any Termination Event by the Contracting Party; and (iii) waive the satisfaction of any condition that is precedent to the performance of the Board's obligations under this Agreement. In the event of a waiver of a Termination Event by the Board, such specific Termination Event shall be deemed to have been cured and not continuing, but no such waiver shall extend to any subsequent or other Termination Event or impair any consequence of such subsequent or other Termination Event. 18.8. Riohts and Remedies. In the event of a breach of any of the covenants or agreements hereof by a party hereto, the other parties hereto shall be entitled to enforce and exercise all options, rights and remedies, jointly or in the alternative, provided by the Agreement, law or equity. 18.9 Governinu Law. Tlus Agreement shall be deemed to be a contract made under the laws of the State of Oklahoma and shall be construed by and governed in accordance with the laws of the State of Oklahoma. 18.10. Third Party Beneficiary. Nothing in this Agreement, express or implied, is intended to confer upon any person other than the parties hereto, and their respective successors and assigns, any rights or remedies under or by reason of this Agreement. QN7' CIA\ Cityo( 0wusoCommuni tyCtr2- REQNBURSEMtiNT AGR.doc 15 18.11. Prohibition Against Assignment. The Contracting Party shall not assign or transfer voluntarily or by operation of law or otherwise dispose of this Agreement or any rights hereunder, or any monies, property or funds deposited with the Board. An assignment or transfer in violation of this provision shall be invalid, and an assignment or transfer by operation of law shall be deemed to be an invalid transfer. 18.12. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto, with any and all prior agreements and understandings being merged herein. 18.13. Captions and Paragraph Headings. The captions and paragraph headings contained herein are included for convenience only and shall not be construed or considered a part hereof nor affect in any manner the construction or interpretation hereof 18.14. Time of Essence. Time is of the essence of this Agreement. 18.15, Binding. Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. 18.16. Severability. Should any clause or provision of this Agreement be invalid or void for any reason, such invalid or void clause shall not adversely affect the remainder of this Agreement, and such remainder shall remain in full force and effect. 18.17. Invalidity of Provisions. If any tern or provision of this Agreement or the application thereof to any person or circumstance shall be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provisions hereof. If any provision of this Agreement is held invalid or unenforceable because the fulfillment of such provision would involve exceeding the limit of validity prescribed by law, then upon the occurrence of such circumstances, the obligation to be fulfilled shall be reduced to the limit of validity prescribed by law. If the provision of this Agreement which is found to be invalid or unenforceable cannot be modified so as to be enforceable under existing laws, this Agreement shall be construed and enforced as if such provision had not been included herein. IN WITNESS WIiEREOF, the parties hereto have executed and delivered this Agreement as of the day and year first above written. "Contracting Party" CITY OF OWASSO, OKLAHOMA By_ Name Title Q:\ TCIA\ Cityol DwassoCommuniNctr2- REIMBURSL-:MEN'r ACR.doc 16 M-al BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY By_ Name Title Q:\TClA\CityofOw SOCOm uoityCir2- REIMBURSEMENT AGR.doc 17 EXHIBIT "A" DESCRIPTION OF PROJECT This project involves the replacement of the heating and air conditioning units in the Community Center; construction of a Community Build Park; acquisition of land for a Veterans Memorial and the participation in the construction of a new Recreational Facility by the YMCA. EXHIBIT "B" DESCRIPTION OF LAND The West 210 feet of the Northwest Quarter of the Northeast Quarter of the Northeast Quarter of Section Thirty -one (31), Township Twenty -one (21) North, Range Fourteen (14) East, of the I.B. &M., Tulsa County, Oklahoma, subject to the dedication of the West 60 feet of said tract to Tulsa County recorded in Book 3295 at Page 637 of the office of the Clerk of Tulsa County, Oklahoma and A tract of land situated in the Southeast Quarter of the Northeast Quarter (SE' /4 NE' /4 ) of Section Thirty (30), Township Twenty -one (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof, being more particularly described as follows, to -wit: Beginning at a point in the South line of the said SE' /4 NE' /4, a distance of Six Hundred Forty (640) feet East of the Southwest Comer of said SE' /4 NE' /4, Section 30, for a place of beginning; thence N 0 °11'22" West along the East boundary of Marywood Addition to the City of Owasso, a distance of Six Hundred Ninety -Six (696) feet; thence South 89 °57'09" East a distance of Three Hundred Forty (340) feet; thence South 0011'22" East a distance of Six Hundred Ninety -Six (696) feet to a point in the South line of said SE %4 NE' /4; thence North 89 °57'09" West along the said South line of the SE' /4 NE' /4 a distance of Three Hundred Forty (340) feet to the point of beginning, containing 5.43 acres, more or less; and Beginning at a point in the South line of the SE' /4 NTE` /4 177' West of the Southeast Corner of said SE'A NE' /4, which point is in the boundary line of the State Highway easement, thence West a distance of One Hundred Sixty -Three (163) feet, more or less, on the South line of said SE' /4 NE /4, to the Southeast Corner of the present Owasso City Park; thence North on the East boundary of the present Owasso City Park a distance of Six Hundred Ninety -Six (696) feet; thence West a distance of Three Hundred Forty (340) feet to the East boundary of Marywood Addition; thence North a distance of Fifty (50) feet along the East boundary of Marywood Addition; thence East along a line South 89 °57'09" East (which would be the North line of Turner Avenue, if extended) to a point where said line intersects with the State Highway Department easement; thence in a Southerly direction following said Highway easement line to the point of beginning, containing 3.64 acres, more or less; and Beginning at the Southeast Comer of Lot Two (2), Block Two (2), Marywood Addition, thence North a distance of 573.78 feet, more or less, to the Southwest Comer of Lot Six (6), Block Six (6), Smithview Addition; thence East along the South boundary line of Block Six (6) a distance of Three Hundred Eighty (3S0) feet; thence South a distance of 573.78 feet, more or less; thence West a distance of Three Hundred Eighty (380) feet, more or less, to the point of beginning, containing 5.01 acres, more or less; and Beginning at a point in the North boundary of said SE' /a NE /4, 623.83 feet from the Northeast Corner thereof; thence South 89 °45'54" East along the North boundary of said SE' /< NE' /a (also South boundary of Lot 1, Block 6 and Block 7, Smithview, an addition to Owasso, Oklahoma) a distance of 210.83 feet to the Northwest Comer of Lot Two (2), Block Two (2), Park-view Addition; thence South 00 °00'47" East along the West boundary of Lot Two (2), Block Two (2) Parkview Addition, a distance of 200 feet; thence South 89 °45'54" East along the South boundary of Lot Two (2), Block Two (2), Parkview Addition, a distance of 291.55 feet to a point in the Westerly right -of -way line of U.S. Highways 75 and 169, 121.90 feet from the East boundary of said SE' /< NE' /<; thence South 00 °05'18" West along the Westerly right -of -way of U.S. Highways 75 and 169 a distance of 370.45 feet to a point 123.60 feet from the East boundary of said SE' /< NE' /4; thence North 89 °57'09" West a distance of 499.96 feet; thence North 00°11'24" East a distance of 572.10 feet to the point of beginning, containing 6.57 acres, more or less; and Ck EXHIBIT "C" AUTHORIZATION AND CERTIFICATE OF PROGRAM MANAGER With a reference to the attached Advance Request in connection with the Owasso Community Center Project (the "Project"), I, the designated Program Manager in respect to the Project hereby find, certify and state with respect to the attached Advance Request, as follows: (a) The person, firm, corporation, partnership, or otherwise, to which payment is due has been properly entered in this form and to my knowledge constitutes an accurate identification of the creditor; and (b) the payment is a bona fide Cost of Construction as such term is defined in the Agreement; and (c) the amount to be paid is correct and accurate in accordance with the invoice and/or statement submitted by the Contracting Party; and (d) the obligation in the stated amount has been incurred by the Contracting Party and that each item thereof is a proper charge, and that payment of such obligation has not theretofore been made; and (e) that, to the best of my knowledge, after investigation and due inquiry, insofar as any such obligation was incurred for work, materials, equipment or supplies, such work was actually performed, or such materials, equipment or supplies were actually installed in furtherance of the construction of the Project or delivered at the site of the Project for that purpose, or delivered for storage or fabrication at a place or places approved by the Contracting Party and same is under control of the Contracting Party, or is a progress payment due on equipment being fabricated to order. (f) that certain Capital Improvements Agreement dated 2015, by and between the Contracting Party and the Board of County Commissioners of Tulsa County, Oklahoma relating to the Project (the "Agreement') is in full force and effect; that to the best of our knowledge after due inquiry and investigation, no event of default has occurred or is continuing under the terms of the Agreement; all conditions precedent to payment of the requisition set forth in the Agreement have been met; and payment of the requisition is proper pursuant to the terms of such Agreement. Date: PROGRAM MANAGER M_ Authorized Representative EXHIBIT "D" AUTHORIZATION AND CERTIFICATE OF PROJECT MANAGER With reference to the attached Construction Advance Request, the undersigned, , as the designated construction architect, engineer or project manager for the City of Owasso, Oklahoma (the "Contracting Party ") in connection with the Owasso Community Center Project (the "Project") hereby finds, certifies and states with respect to the attached Construction Advance Request as follows: (a) all construction of the Improvements. as defined in the Capital Improvements Agreement dated 2015, by and between the Contracting Party and the Board of County Cormnissioners of Tulsa County, Oklahoma, relating to the Project (the "Agreement'), has been done in accordance with the Plans (as defined in the Agreement); and (b) the Improvements can be completed in accordance with the Approved Budget (as defined in the Agreement); and (c) the persons, firms, corporations, partnerships, or otherwise, to which payment is due has been properly entered, in the attached Application and Certificate for Payment and to my knowledge constitutes an accurate identification of the creditors; and (d) the payment is a bona fide Cost of Construction as such term is defined in the Agreement; and (e) the amount to be paid is correct and accurate in accordance with the invoices and/or statements submitted by the creditor; and (f) the obligation in the stated amount has been incurred by the Contracting Party and payment of such obligation has not yet heretofore been made; and (g) to the best of my knowledge, after investigation and due inquiry, insofar as any such obligation was incurred for work, materials, equipment or supplies, such work was actually performed, or such materials, equipment or supplies were actually installed in furtherance of the construction of the Project or delivered at the site of the Project for that purpose, or delivered for storage or fabrication at a place or places approved by the Contracting Party and same is under control of the Contracting Party, or is a progress payment due on equipment being fabricated to order. Dated: By: Authorized Officer of the [Architect] [Engineer] [Project Manager] EXHIBIT "E" CONSTRUCTION ADVANCE REQUEST TO: Board of County Commissioners of Tulsa County, Oklahoma c/o Program Manager FROM: City of Owasso, Oklahoma (the Contracting Party) Pursuant to the Capital Improvements Agreement dated , 2015 (the "Agreement"), by and among the Board of County Commissioners of Tulsa County, Oklahoma (the "Board "), and the City of Owasso, Oklahoma (the "Contracting Party "), the Contracting Party hereby requests the Board to cause its Depository to disburse the amount set forth in the attached Application and Certificate for Payment to the parties set forth therein for the account of the Contracting Party. The Contracting Party does hereby certify to the Board that, as of the date hereof, (i) the representations and warranties of the Contracting Party in the Agreement are hereby ratified and confirmed; (ii) the requested disbursement is for the payment of Costs of Construction as defined in the Agreement; (iii) each obligation described in the attached Application and Certificate for Payment has been properly incurred and is now due and unpaid and that insofar as such obligation was incurred for work, materials, equipment or supplies, such work was actually performed, and such materials, equipment or supplies were actually installed or delivered to or for the Project (as defined in the Agreement); (iv) there has not been filed with or served upon the Contracting Party notice of any lien, right to lien or attachment upon, or claim affecting the right to receive payment of, any of the monies payable to any of the persons, firms or corporations named in the attached Application and Certificate for Payment, which has not been released or will not be released simultaneously with the payment of such obligation; (v) the Agreement is in full force and effect; (vi) no event of default has occurred or is continuing under the terms of the Agreement; and (vii) all conditions precedent to payment of the requested Construction Advance herein have been inet and payment of such obligations is proper pursuant to the terms of the Agreement. Date: CITY OF OWASSO, OKLAHOMA, APPROVED: BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY, OKLAHOMA By: Chairman By: Authorized Officer of the Contracting Party EXHIBIT "F" NON - CONSTRUCTION ADVANCE REQUEST TO: Board of County Commissioners of Tulsa County, Oklahoma FROM: City of Owasso, Oklahoma (the Contracting Party) Pursuant to the Capital Improvements Agreement dated 2015, (the "Agreement"), by and among the Board of County Commissioners of Tulsa County, Oklahoma (the "Board "), and the City of Owasso, Oklahoma (the "Contracting Party "), the Contracting Party hereby requests the Board to cause its Depository to disburse the amount of $ to the parties set forth below for the following purposes: Payees Purposes The Contracting Party does hereby certify to the Board that, as of the date hereof, (i) the representations and warranties of the Contracting Party in the Agreement are hereby ratified and confirmed; (ii) the requested disbursement is for the payment of Costs of Construction as defined in the Agreement; (iii) each obligation described above has been properly incurred; (iv) the Agreement is in full force and effect; (v) no event of default has occurred or is continuing under the terms of the Agreement; and (vi) all conditions precedent to the payment of the requested Non - Construction Advance herein have been met and payment of such obligations is proper pursuant to the terms of the Agreement. Date: APPROVED: BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY, OKLAHOMA By: Chairman By: Authorized Officer of the Contracting Party 4/28/2014 City of Owasso — Parks Department Larry Langford Director of Recreation and Culture P.O. Box 180 Owasso, OIE 74055 Dear Mr. Langford, INCOG Area Agency on Aging recently completed an Americans with Disabilities Act (ADA) assessment at the Owasso Community Center. This letter documents the findings of that assessment and provides recommendations for solutions to those findings. Please feel free to contact our offices with any questions regarding these findings. The ADA requires public accommodations to provide goods and services to people with disabilities on an equal basis with the rest of the public. In order to do this, businesses and non - profit organizations that serve the public are required to remove barriers to accessibility when such changes are "readily achievable," meaning that they can be done without much difficulty or expense. This letter provides you with the basis for developing a plan for readily achievable barrier removal. Finding 1: Parking Standard: Accessible parking spaces must be at least 8 feet wide with an access aisle that is at least 5 feet wide and the access aisle must be marked so as to discourage parking in the aisle. Barrier: The current parking spaces ate of varying sizes. Two of them are 9 feet wide and do not have an access aisle and one is 11 feet wide with a 10 foot access aisle. Also, the spaces ate not properly marked with a well defined access aisle that discourages parking in the aisle. Recommendation: Reconfigute the parking area so the accessible spaces ate at least 8 feet wide wide clearly defines access aisles that are at least 5 feet wide. Repaint the lines on the accessible spaces to include striping marking the access aisle in such a way as to discourage parking in the aisle and ensure that all accessible spaces have an access aisle. Finding 2: Parking Standard: For every 6, or fraction of 6, accessible spaces, at least 1 of those accessible spaces must also be a van accessible space. The van accessible space must be either 8' wide with an 8' access aisle or 11' wide with a 5' access aisle and it must have signage identified with the International Symbol of Accessibility and reading "Van Accessible." Barrier: The current van accessible parking space is 11 feet wide with a 2.7 foot access aisle. Recommendation- Reconfigure the current parking spaces to designate at least one van accessible space that is either 11 feet wide with a 5 foot access aisle or 8 feet wide with an 8 foot access aisle. Repaint the lines to include striping marking the access aisle in such a way as to discourage parking in the aisle. Finding 3: Approach and Entrance Standard: The clear opening of the accessible entrance door must be at least 32 inches wide, between the face of the door and the stop when the door is open 90 degrees. Barrier: The clear opening of the accessible entrance is only 30 inches wide. Recommendation: Alter the door to ensure there is at least a 32 inch clear opening, Finding 4: Approach and Entrance Standard: If there are two doors in a series, e.g. vestibule, the distance between the doors must be at least 48 inches plus the width of the door. Barrier_ There is only 46 inches plus the width of the door in the vestibule. Recommendation: Remove the inner door or change the door swing on the inner door so that it swings into the building. Finding 5: Restrooms Standard: The door opening width must be at least 32 inches clear, between the face of the door and the stop, when the door is open 90 degrees. Barrier: The current door opening width is only 31 inches. Recommendation: Alter the doorway. Finding 6: Restrooms Standard: The clearance around the accessible stall must be 60 inches from the side wall and 56 inches from the rear wall. Barrier: The clearance around the accessible stall is only 37 inches from the side wall and 56 inches from the rear wall. Recommendation: Alter the compartment for clearance. Finding 7: Restroom Standard: Bathroom stalls that are accessible must have grab bars on the side wall and on the rear wall of the stall. The grab bar on the rear wall must be at least 36 inches long and extend at least 12 inches on one side and 24 inches on the other side from the centerline of the toilet.. Barrier: The accessible stalls have a grab bar on the rear wall but it is 18.5 inches long, 10 inches from the centerline to the side wall and only 8.5 inches on the open side. Recommendation- Install a grab bar that is at least 36 inches long. The grab bar should extend at least 12 inches from the centerline of the toilet to the side wall and at least 24 inches on the open side. Finding 8: Restrooms tandard: The stall door opening width must be at least 32 inches clear, between the face of the door anf the stop, when the door is open 90 degrees. Barrier. The stall door opening width is only 29.5 inches. Recommendation Widen the door width. Thank you for your consideration and efforts to resolve these ADA concerns. We recognize that there may be items on this list that are not affordable for "readily achievable" b<v dcr removal. We simply ask that you develop a plan to resolve these ADA findings and, when readily achievable, we ask that the recommended changes be made. Please keep in mind that INCOG awards CENA grant funding each year to senior centers with active boards and the Owasso Senior Citizens group is eligible to apply for these grants. One of the intended purposes of CENA funds is to help senior centers with funding to make needed repairs and modifications which will make your facility more accessible. We encourage you to work with your senior citizens group to apply for CENA funding to make the recommended changes detailed in this letter. Your Senior Citizens Community Center provides a vital service to seniors in Sapulpa and the surrounding area and we look forward to continuing to support you in any way we can. Sincerely, v -n Kim McCurry, CIRS -A Aging Specialist INCOG Area Agency on Aging 2 W. 2nd St. Suite 800 Tulsa, OK 74103 (918)579 -9477 office (918)579 -9577 fax kmccunn,@incog orQ #17 MEMORANDUM TO: TIME HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RONALD D. CATES CITY ATTORNEY SUBJECT: CAPITAL IMPROVEMENTS AGREEMENTS- VISION 2025 PROJECTS, OWASSO COMMUNITY CENTER PROJECT; OWASSO DOWNTOWN /NEIGITBORHOOD PROJECT, OWASSO MEDICAL COMPLEX PROJECT; AGE' N ---DA ITEMS 17,18 AND 19 DATE: March 12, 2004 INTRODUCTION: At the direction of the City Manager, there is presented for Council consideration the proposed Capital Improvement Agreements by and among the City of Owasso, Oklahoma, the Tulsa County Industrial Authority and the Board of Commissioners of Tulsa County, Oklahoma. The Capital Improvement Agreements are the vehicle by which the City of Owasso, as well as other municipalities within Tulsa County, avails itself of its designated portion of the Vision 2025 monies. BACI {GROUND: On September 9, 2003, the duly residents of Tulsa County approved the levy and collection of an additional one cent sales tax to provide revenue for, among other things, capital improvements for community enrichment within Tulsa County. Among the anticipated community enrichment projects there was specifically provided for the City of Owasso the following projects, to -wit: A. Owasso Community Center Project----------- - - - - -- $1,000,000.00; B. Owasso Downtown/Neighborhood Project-- - - - - -- $1,143,463.90; and, C. Owasso Medical Complex Project ------------------- $4,500,000.00. Subsequent to passage of the sales tax proposition, representatives of Tulsa County proceeded to take such actions necessary to obtain financing to provide advance funding for the capital projects. In order to fluid the costs of the acquisition, construction, equipping and furnishing of the capital projects, the Tulsa County Industrial Authority ( "Authority "), an Oklahoma public trust having the County of Tulsa as its beneficiary, was determined to be the appropriate legal entity to issue debt. The Authority would issue its revenue bonds and secure as well as service debt incurred from the issued revenue bonds by a transfer of a portion of the sales tax proceeds to it from Tulsa County. Accordingly, the Authority issued its $127,150,000.00 Tulsa County Industrial Authority Capital Improvements Revenue Bonds, Series 2003A, and its $115,000,000.00 Tulsa County Industrial Authority Capital Improvements Revenue Bonds, Series 200313, (the "Bonds "), Raving obtained the necessary funds for the anticipated projects, it became incumbent upon county and municipal officials to create a document to establish, define and govern the relationship of the respective parties. As a result of the efforts of many county and municipal officials, as well as financial and legal advisors as relates to the Master Bond Indenture dated as of December 1, 2003 and the First Supplemental Bond Indenture dated as of December 1, 2003, a prototype Capital Improvement Agreement was created. DISCUSSION: It is submitted that the Capital Improvement Agreements presented are identical to the Prototype referred to above and set •forth in an uncomplicated form a workable arrangement for the disbursement and utilization of the 2025 funds. The Capital Improvement Agreements (hereinafter collectively referred to as "Agreement ") contain essentially five (5) principal categories. Such are as follows, I. Project Identification; 2. Set Aside of Funds; 3. Conditions Precedent to Initial Funds Disbursement; 4. Requirements For Interim Funds Disbursement; and, 5. Project Closeout Requirements. Project Identification- The Agreement, in the Recital section, identifies the project(s) for which the funds are to be spent. Under the terms of the Agreement, "the project" is generally referred to with more specificity left to be provided by the exhibits to be attached as "Exhibit A ". It is submitted that this is important insofar as it provides latitude to the City of Owasso which enables the Council, within the 2025 Ballot parameters, to more fully define its own project. Staff recommends that the Council consider the following as the defined project identifications, to -wit: A. Owasso Community Center Project ------------------------ $1,000,00.00 I. Community Build Park ------------------------------------ $200,000.00 2. Land Acquisition- Veterans Memorial ------------------- $200,000.00 3. City of Owasso -YMCA Recreation Facility----- - - - - -- $500,000.00 4. Community Center Heating and Air-------------- - - - - -- $100,000.00; B. Owasso Downtown/Neighborhood Project---------- - - - - -- -$1,143,463.90 The projects consist of the relocation of overhead utility lines underground along Main Street from 3`1 Street to 76°1 North, the replacement of the existing Streetlights along Main Street with pedestrian- oriented theme lighting, and the acquisition of properties along Main Street corridor for the purposes of developing a town square. C. Owasso Medical Complex Project -------------------------- $4,500,000.00 This project involves the extension of a water lint, from a master meter to an elevated 2.0 million water tank. The master meter referred to shall be a water supply master meter to be constructed at the site of connection with the City of Tulsa water system. Also, a booster pump station as well as connections and water lines to the existing water distribution system will be constructed. Set Aside of Funds- Under the terns of the Agreement there are monies set aside for the use and benefit of the City of Owasso, The finds set -aside for the City equals ninety -five per cent (95 %) of the City's Vision 2025 allocation for each category of capital improvement. The amount set forth in the Background portion of this Memorandum represents the City's allocation or as referred to in the Agreement, the "Contracting Party Amount ". The set -aside portion, ninety -five percent (95 %), is termed the "Maximum Amount of Advances" and constitutes the maximum amount of money available from the bond proceeds referred to above to fund each respective capital improvement. The remaining five per cent (5 %) is retained by the Authority to offset bond issuance and related costs. The funds that are set - aside are placed in a designated and numbered subaccount of the Authority's Construction Fund on deposit with the Bank of Oklahoma, N.A., the trustee bank, all in accordance with the First Supplemental Bond Indenture. Conditions Precedent to Initial Funds Disbursement - The Agreement, under Section 3, at pages 8 and 9, sets forth specifically what is required of the City of Owasso in terms of documentation prior to the Authority's release of any initial advances. This section delineates that which is required and for the sake of brevity will not be restated herein. However, it is important to note that the provisions have been reviewed by various Staff members and the requirements are considered as being achievable and within existing resource availability. Requirements for Interim Funds Disbursement - Under the provisions of Section 4, appearing at pages 9 and 10 of the Agreement, there is set forth the items and actions that serve as conditions precedent to the City of Owasso receiving construction advances. Again, these provisions have been reviewed by various Staff members and the requirements are considered as being achievable and within existing resource availability, Project Closeout Requirements- The Agreement specifies the project shall be completed and all advances made prior to February, 2007. The closeout contemplated by the Agreement involves the City of Owasso completing the acquisition, construction, equipping and furnishing of the project. Upon such occurrence, certification of such completion will be requires of the City by the Authority that will generally consist of certification from the Project Manager of the Authority and the Architect or Engineer for the project as to the completion. The remaining provisions of the Agreement, although of importance, are considered as being standard contractual provisions normally found in cooperative multi - governmental arrangements. Such generally consists of party identifications, recitals, definitions and aids to interpretation language. In light of such, those provisions are not specifically discussed in this Memorandum. Any questions that any Councilor(s) might have regarding these matters should be directed to Mr. Ray or myself. RE, COMMENDATION: Staff would recommend that the Council approve the Capital Improvement Agreements presented. ENCLOSURES: The project specific Capital Improvement Agreements are i ,eluded in the Agenda Packets of the City Councilors only, Due to the voluminous nature of the combination of such documents they are not included in the individual packets distributed to the Public. To review a copy or copies of the Capital Improvement Agreements contact Julie Stevens at 918/376 -1502. The Cily Wit lout Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Daniel Dearing, P.E., CFM Senior Civil Engineer SUBJECT: Afar Headwall Repair Project - Bid Award DATE: April 17, 2015 BACKGROUND: Afar Heights Fourth Addition was built in the 1970s. North Birch Street was built across the creek just south of East 241h Court. This creek is now the receiving stream of the recently built Garnett Regional Detention Pond. When the development occurred, headwalls with some adjacent retaining walls and three storm pipes to convey the creek under the street were constructed. The headwalls were constructed of concrete on the bottom half and railroad ties on the top half. Today, the headwall and adjacent retaining walls on the upstream side (east side of Birch Street) are at risk of collapsing and causing damage to the road and adjacent properties. The railroad ties on the headwall and retaining wall are rotting and collapsing. The concrete portion of the retaining walls have cracked and settled due to scouring beneath them. Additionally, erosion and silt deposition over time have created an obstruction to natural flows causing flow patterns in the creek that have further accelerated the problems of erosion and scouring. Strength of the structure has been compromised due to the removal of foundational soils and the breaking down of the concrete structures themselves due to cracking, warping and settling. ENGINEERING AND DESIGN: In 2014, staff began design work to replace damaged walls, repair scouring and erosion and clean up silt deposition adjacent to the headwall. The proposed project would remove railroad tie portion of the headwall and repair it with a new concrete section. The adjacent retaining walls would be removed and replaced with new concrete walls. The scouring problem would be remedied by constructing a standard headwall concrete apron or floor that would prevent future undercutting of the structure. Also silt deposition would be removed to help reduce the unstable flow patterns. SOLICITATION OF BIDS: In February 2015, the engineering design was completed and an advertisement for bids was published in accordance with state statutes. A mandatory pre -bid meeting was held on March 201h and bids were opened on March 310 with a total of five contractors submitting bids. The City Engineering staff completed a Bid Tabulation and Davis H. Elliot Construction was determined to be the lowest qualified bidder (see attachment). The base bid amount provided by Davis H. Elliot Construction is $127,095. In addition, one alternate was bid with the project to help tie existing infrastructure to the new. Alternate #1 is wall staining so that all the new concrete and the existing concrete will match in appearance. The cost of the alternate is $3,000 bringing the total contract amount to $130,095. FUNDING: Funds are available for this project in the Stormwater Management Fund. RECOMMENDATION: Staff recommends award of a contract to Davis H. Elliot for the Afar Headwall Repair Project in the amount of $130,095. ATTACHMENTS: Site Map Bid Tabulation Contract Documents � ©\ p )�z §\\ 0 {\a \)\ \/J \)/ e 6� :\t x eeee~ / \ 0 / � \4 g E = 2aa \ A & � \ � } \ � \` �- / $ k } } \ \ | \ \ \ \ e � j \ \ \ \ \ \ / \ 7 J & Q Q Q { _ / \ { ) ® . / _ , \ ( \ \ \ m } 0 ° \ \ < ƒ d [ \ 2 / \ A & � \ � } \ � \` �- / SECTION 00300 AGREEMENT THIS AGREEMENT is dated as of the day of 11 by and between The City of Owasso (hereinafter called OWNER) and Davis H. Elliot Construction Company Inc (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: ATOR HEADWALL REPAIR PROJECT CITY Or OWASSO, OKLAHOMA The project for which the Work under the contract documents may be the whole or only a part, is described as follows: Partial headwall and retaining wail removal and reconstruction with an addition of a concrete apron and an upgrade of a water line crossing at that location. ARTICLE 2. ENGINEER The project has been assigned to the Project Manager or his /her duty authorized representative, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIME 3.1 The Work will be substantially completed within sixty (60) calendar days from the date of Notice to Proceed; and completed and ready for final payment in accordance with the General Conditions within ninety (90) calendar days from the date of Notice to Proceed, which will be on or before 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, 0315 00300 - Page 1 of 14 expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER, if the Work is any such proof. OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER One Thousand Dollars ($1000.00) for each consecutive calendar day that expires after the time specified in paragraph 3.1 for substantial completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER One Thousand Dollars ($1000.00) for each consecutive calendar day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds the amount agreed upon in CONTRACTOR'S bid. 4.2 CONTRACTOR understands that the estimated quantities are not guaranteed and that the determination of actual quantities and their classification is to be made by the OWNER at the time of app] ication for payment. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions on the Pay Estimate Forms included as Exhibit "A" to this Agreement. Applications for Payment will be processed by OWNER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment in accordance with the City of Owasso's Payment Schedule included as Exhibit "B" to this Agreement during construction as provided below. All progress payments will be on the basis of the progress of the Work. 5.1.1 Progress payments shall not exceed an amount equal to 90% of the WORK completed until such time as CONTRACTOR shall complete in excess of fifty percent (50 %) of the contract amount. 5.1.2 Upon completion in excess of fifty percent (50 %) of the total contract amount, OWNER shall pay an amorurt sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as OWNER shall determine in accordance with the General Conditions, provided that OWNER has determined that satisfactory progress is being made, and upon approval by the Surety. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the Contract Price, ARTICLE 6. CONTRACTOR'S REPRESENTATIONS 0315 00300 - Page 2 of 14 In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself /herself with the nature and extent of Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports or explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except underground facilities) which have been identified in the Supplementary Conditions as provided in the General Conditions. Contractor accepts the determination set forth in the General Conditions of the extent of the "technical data" contained in such reports and drawings upon which Contractor is entitled to rely. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to underground facilities at or continuous to the site. Contractor has obtained and carefully studied (or assume responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 6.3 CONTRACTOR has made or caused to be made examinations, investigations, tests and studies of such reports and related data in addition to those referred to in paragraph 6.2 as (s)he deems necessary for the performance of the Work at the Contract price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including the General Conditions. 6.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 0.315 00300 - Page 3 of 14 6.6 CONTRACTOR has given OWNER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. 6.7 CONTRACTOR has obligated himself /herself to the OWNER to be responsible for the workmanship, labor and materials used in the project for one (1) year after the project has been accepted by the OWNER. 6.8 CONTRACTOR understands that (s)he will be exempt from all sales tax on materials and other items necessary for the completion of the project. The OWNER has issued him a Certification of Tax Exempt Project enclosed as Exhibit "C" of this Agreement. ARTICLE 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof, and consist of the following: 7.1 This Agreement (pages 1 to 6 inclusive). 7.2 Exhibits "A ", 'B ", "C" and "D" to this Agreement. 7.3 Advertisement for Bids (Section 00100). 7.4 Requirements for Bidders (Section 00110). 7.5 Instructions to Bidders (Section 00120). 7.6 Bid (Section 00200). 7.7 Bid Bond (Section 00210). 7.8 Bid Affidavits (Section 00220). 7.9 Statement of Bidders Qualifications (Section 00230). 7.10 Certificate of Non - Discrimination (Section 00240). 7.11 Performance Bond (Section 00410). 7.12 Maintenance Bond (Section 00420). 7.13 Statutory payment Bond (Section 00430). 7.14 Notice of Award (Section 00510). 0315 00300 - Page 4 of 14 7.15 Notice to Proceed (Section 00520). 7.16 Change Order (Section 00600). 7.17 General Conditions (Section 00700). 7.18 Project Specifications (Section 00800). 7.19 Special Provisions (Section 00900). 7.20 Project Drawings, consisting of Sheets 1 to 17, inclusive, and Standard Drawings. 721 Addendum Numbers to _, inclusive. 7.22 Documentation submitted by CONTRACTOR prior to Notice of Award (pages to inclusive). 7.23 Any Modification, including Change Orders, duly delivered after execution of Agreement. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a Modification (as defined in the General Conditions). ARTICLE 8. MISCELLANEOUS 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions, 8.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without Limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law) and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility tinder the Contract Documents. 8.3 OWNER and CONTRACTOR each binds himself /herself, his /her partners, successors, assigns, and legal representatives to the other party hereto, his /her partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.3 The Agreement (or remaining portions thereof) should continue in effect, be valid and binding upon both parties even if a provision or part of the Contract Documents should be held void or unenforceable by law. 0315 00300 - Page 5 of 14 IN WITNESS WHEREOF, the parties hereby have signed this Agreement in duplicate, One counterpart has been delivered to CONTRACTOR, the other belongs to OWNER. All portions of the Contract Documents have been signed by OWNER and CONTRACTOR. This Agreement will be effective on OWNER: CONTRACTOR: By Jeri Moberly, Mayor (SEAL) ATTEST: Title Address for giving notices: C (SEAL) Title 0315 00300 - Page 6 of 14 O—T City Wit out Limits. TO: Honorable Mayor and City Council City of Owasso FROM: H. Dwayne Henderson, P.E. City Engineer SUBJECT: Tulsa County Inter -local Agreement East 1 161h Street North /North 129th East Avenue Intersection Improvements DATE: April 17, 2015 BACKGROUND: The intersection at 1 16th Street North and 129th East Avenue is jointly owned and maintained by Tulsa County and City of Owasso. it is currently the most heavily traveled unimproved intersection in the Owasso area. East 1 16th Street North accommodates heavy residential traffic, commercial uses, and traffic connecting from US Hwy 169 to US Hwy 75. The traffic control is currently a flashing yellow east to west and a flashing red north to south. The Oklahoma Department of Public Safety has documented 75 accidents in the last ten (10) years, with 59 accidents having injuries. For these reasons, the Owasso Capital Improvements Committee listed the widening of the intersection at 116th Street North and 1291h East Avenue as a high priority among potential capital improvements projects. In 2014, Tulsa County and the City of Owasso agreed to share costs for the engineering design for the project, right -of -way, utility relocation and construction. Both parties agreed and selected WP Moore, Inc. to perform the engineering for the intersection improvements for a total design fee of $168,000. The engineering consultant has prepared a conceptual plan and preliminary design report that will be submitted to INCOG for FY 2018 Surface Transportation Program (STP) funds. These funds are made available on an annual basis by the Federal Highway Administration (FHWA), through the Oklahoma Department of Transportation (ODOT), for the implementation of eligible transportation improvements in the Tulsa Urbanized Area. On May 22, 2014, staff presented a proposal to the Capital Improvement Committee for funds to approve 20% in matching funds to the FHWA 80% allocation. Funding application for the project was submitted on September 17, 2014, and the project has been funded for construction. INTER -LOCAL AGREEMENT: Projects that use multi - jurisdictional funding sources require an agreement between the entities to determine the limits of their participation. The Inter -local agreement between Tulsa County and City of Owasso has been prepared by the District Attorney and reviewed by the City Attorney. Stipulations are summarized as follows: The duration of this Agreement shall be from the date of execution of this Agreement until the project is complete. 2. The purpose of this Agreement shall be to provide for engineering design for the improvements at the intersection of East 116th Street North and North 129th East Avenue. 3. The City and County shall select an Engineering Consultant to provide the design for the project. 4. The County shall contract with and pay the invoices for the services provided by the Engineering Consultant, 5. The City shall reimburse the County one half the actual costs for contracting with the Engineering Consultant. 6. This Agreement shall be effective from and after the date of execution hereof and is intended only for the purpose described in Section 2 above. FUNDING: Funding for the project has been included in the Capital Improvements Budget, RECOMMENDATION: Staff recommends approval of the Inter -local Agreement with Tulsa County for engineering design at the intersection of East 1 16th Street North and North 129th East Avenue. ATTACHMENTS: Location Map Tulsa County Inter -local Agreement CITY OF OWASSO P.O. 180 Owasso, OK 74055 918.272.4959 www.cityofowasso.com E 116th STREET N AND N 129th E AVE INTERSECTION LOCATION MAP N W E S 5/21/14 AGREEMENT THIS AGREEMENT, by and between the Board of County Commissioners of Tulsa County, Oklahoma, hereinafter called "County" and the City of Owasso, Oklahoma, hereinafter called "City ". WITNESSETH: WHEREAS, by virtue of 69 O.S., 1987, Section 1903, the Board of County Commissioners is authorized to enter into Agreements with municipalities to construct, improve, and repair any of the streets of such municipalities, and; WHEREAS, the County is desirous of participating in projects and the provision of services mutually advantageous to the County and other units of government; THEREFORE, in consideration of the covenants and conditions hereinafter contained, the parties hereto agree as follows: 1. The duration of this Agreement shall be from the date of execution of this Agreement until the project is complete. 2. The purpose of this Agreement shall be to provide for engineering design for the improvements of the intersection of 116th Street North and 129th East Avenue. 3. The City and County shall select an Engineering Consultant to provide the design for the project. 4. The County shall contract with and pay the invoices for the services provided by the Engineering Consultant. 5. The City shall reimburse the County one half the actual costs for contracting with the Engineering Consultant. 6. This Agreement shall be effective from and after the date of execution hereof and is intended only for the purpose described in Section 2 above. 7. The rights, duties, and obligations under or arising from this Agreement shall not be assigned by either party hereto without the express written consent of the other. Approved by the Owasso City Council on the day of 2015. ATTEST: X171 Sherry Bishop, City Clerk APPROVED AS TO FORM: My Julie Lombardi, City Attorney CITY OF OWASSO, OKLAHOMA LMV Jeri Moberly, Mayor Approved by the Board of County Commissioners of Tulsa County, Oklahoma on the day of 2015. ATTEST BY: County Clerk APPROVED AS TO FORM: BY: District Attorney WAN TULSA COUNTY BOARD OF COUNTY COMMISSIONERS as