HomeMy WebLinkAbout2015.07.07_City Council AgendaPUBLIC NOTICE OF THE REGULAR MEETING OF THE J(I j
OWASSO CITY COUNCIL 7(M ;
n.
Council Chambers, Old Central Building
109 N Birch, Owasso, OK 74055
Regular Meeting
Tuesday, July 7, 2015 - 6 :30 pm
1. Call to Order
Mayor Jeri Moberly
2. Invocation
Reverend Linzy Slayden, Pastor of Friendship Baptist Church
3. Flag Salute
4. Roll Call
5. Presentation of the Character Trait of Enthusiasm
Shea Boschee, Previous Character Council Member
6. Consideration and appropriate action relating to a request for approval of the Consent
Agenda. (All matters listed under "Consent" are considered to be routine and will be
enacted by one motion. Any Councilor /Trustee may, however, remove an item from the
Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.)
A. Approve minutes - June 16, 2015
B. Approve claims
C. Approve Ordinance 1056 annexing (OA- 15 -04) and rezoning (OZ- 15 -03) to Office
Medium the property located at 11933 E 1 16th St N - Fire Station #4
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 Transportation Master Plan
Dwayne Henderson
9. Consideration and appropriate action relating to the purchase of a vehicle for the fire
department
Mark Stuckey
Staff recommends approval for the purchase of a 2015 Chevrolet Tahoe from Vance
Chevrolet of Perry, Oklahoma and authorization for payment in the amount of $32,933.25.
10. Consideration and appropriate action relating to the International Association of Firefighters
(IAFF) contract
Michele Dempster
Staff recommends approval of the 2015 -2016 contract between the City of Owasso and the
International Association of Firefighters Local #2789, and authorization for the Mayor to
execute the contract.
Owasso City Council
July 7, 2015
Page 2
11. Consideration and appropriate action relating to award of bids and alternates for the New
City Hall Renovation Project and assignment of contracts to Nabholz Construction
Corporation
John Feary
Staff recommends awarding the bids and alternates and assignment of contracts to Nabholz
Construction Corporation for the purpose of construction management and project
oversight for the duration of the renovation period.
12. Consideration and appropriate action relating to an amendment to the New City Hall
Renovation Project Construction Management Agreement
John Feary
Staff recommends approval of an amended Construction Management Agreement with
Nabholz Construction Corporation for the construction management and oversight of the
New City Hall Renovation Project in an amount not to exceed $2,600,000.
13. Consideration and appropriate action relating to the Capital Improvements Agreement with
Tulsa County for E 19th St and N Garnett Rd Improvements Project
John Feary
Staff recommends approval of the Capital Improvements Agreement with the Tulsa County
Board of County Commissioners.
14. Report from City Manager
• Monthly Public Works Project Status Report
15. Report from City Attorney
16. Report from City Councilors
17. New Business (New Business is any item of business which could not have been foreseen at
the time of posting of the agenda)
18. Adjournment
Notice of Public Meeting filed in the office of the City Clerk and Agenda posted at City Hall
bulletin board at 6:00 pm on Thursday, July 2, 2015.
Sherry Bishol;57City Clerk /
OWASSO CITY COUNCIL
MINUTES OF REGULAR MEETING
Tuesday, June 16, 2015
The Owasso City Council met in regular session on Tuesday, June 16, 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, June 12, 2015.
1. Call to Order
Mayor Jeri Moberly called the meeting to order at 6:30 pm.
2. Invocation
The invocation was offered by Dale Blackwood, Retired Pastor of First Baptist Church of
Owasso.
3. Flag Salute
Dr. Kelley led the flag salute.
4. Roll Call
Present Absent
Mayor -Jeri Moberly None
Vice- Mayor - Lyndell Dunn
Councilor - Doug Bonebrake
Councilor- Bill Bush
Councilor -Chris Kelley
A quorum was declared present.
Staff:
City Manager - Warren Lehr
City Attorney - Julie Lombardi
5. Consideration and appropriate action relating to a request for approval of the Consent
Agenda. (All matters listed under "Consent" are considered by the City Council to be routine
and will be enacted by one motion. Any Councilor may, however, remove an item from the
Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.)
A. Approve minutes
• June 2, 2015 Regular Meeting
• June 9, 2015 Regular Meeting
B. Approve claims
C. Receive monthly budget status report
D. Approve Agreement for Urban Engineering Services (Engineer Agreement):
• Tulsa Engineering & Planning Association, Inc. for Grading, Storm Sewer,
Sanitary Sewer, and Pavement Construction - Carrington Point Phase II
E. Accept the donation from Stone Canyon and approve a budget amendment in the
General Fund, increasing the estimated revenue and increasing the appropriation
for expenditures by $1,000
F. Accept the Owasso Golden Agers Community Expansion of Nutrition Assistance
(CENA) Grant and approve a budget amendment in the General Fund, increasing
the estimated revenues and increasing the appropriation for expenditures by $10,912
in the Community Center Department
G. Accept the donations and approve a budget amendment in the General Fund,
increasing the estimated revenues and increasing the appropriation for expenditures
by $1,288 in the Community Center Department
Owasso City Council
June 16, 2015
Page 2
Approve a budget amendment in the General Fund, increasing the estimated
revenues and increasing the appropriation for expenditures by $51,331 in the
Community Center Department for the Vision 2025 funds
Approve discharge of fireworks and approve a public fireworks display to be
conducted on July 3, 2015 free of charge to the public and sponsored by City of
Owasso in celebration of Independence Day
Dr. Kelley moved, seconded by Mr. Bush to approve the Consent Agenda with claims
totaling $383,186.92. Also, included for review were the self- insurance claims report and the
payroll report for 5/30/15.
YEA: Bonebrake, Bush, Dunn, Kelley, Moberly
NAY: None
Motion carried: 5 -0
6. Consideration and appropriate action relating to items removed from the Consent Agenda
None
Consideration and appropriate action relating to annexation OA -15 -04 and rezoning OZ -15-
03 for property located at 11933 E 116th St N (Fire Station #4)
Bronce Stephenson presented the item recommending approval annexing (OA- 15 -04) and
rezoning (OZ- 15 -03) the subject property from AG (Agricultural) to OM (Office Medium).
Mr. Bush moved, seconded by Mr. Bonebrake to approve OA -15 -04 and OZ- 15 -03, as
recommended.
YEA: Bonebrake, Bush, Dunn, Kelley, Moberly
NAY: None
Motion carried: 5 -0
8. Consideration and appropriate action relating to an engineering services agreement - E 76th
St N and Main Street Intersection Improvements (Vision 2025 Funding)
Dwayne Henderson presented the item recommending approval of an Agreement for
Engineering Services for the E 761h St N and Main Street Intersection Improvements with
McClelland Consulting Engineers, Inc., of Sand Springs, Oklahoma in the amount of $78,000
and authorization for the Mayor to execute the agreement.
After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn to approve the agreement in
the amount of $78,000 with McClelland Consulting Engineering, Inc., as recommended.
YEA: Bonebrake, Bush, Dunn, Kelley, Moberly
NAY: None
Motion carried: 5 -0
Consideration and appropriate action relating to the award of a bid for 2014 -2015 Pavement
Striping Project
Tim Doyle presented the item recommending the award for the 2014 -2015 Pavement Striping
Project, including the base project and alternate project to Road Safe Traffic Systems, Inc.,
Tulsa, Oklahoma in the amount of $82,248.54 and authorization for the Mayor to execute the
agreement.
After discussion, Dr. Kelley moved, seconded by Mr. Bush to award the bid in the amount of
$82,248.54, to Road Safe Traffic Systems, Inc., as recommended.
YEA: Bonebrake, Bush, Dunn, Kelley, Moberly
NAY: None
Motion carried: 5 -0
Owasso City Council
June 16, 2015
Page 3
10. Consideration and appropriate action relating to supplemental appropriations for FY 2015
Linda Jones presented the item recommending approval of a budget amendment in the
General Fund increasing the estimated revenues and increasing the appropriation for
expenditures by $530,000 for sales tax transfers.
After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn to approve the budget
amendment to increase the estimated revenues and increase the appropriation for
expenditures, as recommended.
YEA: Bonebrake, Bush, Dunn, Kelley, Moberly
NAY: None
Motion carried: 5 -0
11. Consideration and appropriate action relating to Resolution 2015 -12 providing for the
adoption of an annual budget for Fiscal Year 2015 -2016 for the general fund and other funds
as established by the Owasso City Council; establishing levels of expenditures by
department and establishing budget amendment authority as provided by statute; and
establishing an effective date
Linda Jones presented the item recommending approval of Resolution 2015 -12.
After discussion, Mr. Bush moved, seconded by Mr. Bonebrake to approve Resolution 2015-
12, as recommended.
YEA: Bonebrake, Bush, Dunn, Kelley, Moberly
NAY: None
Motion carried: 5 -0
12. Consideration and appropriate action relating to Ordinance 1055, an ordinance relating to
Part Seven, Finance and Taxation , Chapter 1, Finance and Budget Administration, Section 7-
104, Competitive Bidding, of the Code of Ordinances of the City of Owasso, Oklahoma,
amending same by repealing subsection (E) establishing bid process for public
improvements between $2,000 and $25,000
Sherry Bishop presented the item recommending approval of Ordinance 1055.
After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn to approve Ordinance 1055,
as recommended.
YEA: Bonebrake, Bush, Dunn, Kelley, Moberly
NAY: None
Motion carried: 5 -0
13. Consideration and appropriate action relating to Ordinance 1054, amending an ordinance
relating to Part 9, Licensing and Business Regulations, Chapter 1, Solicitors, Section 9 -101
through 9 -114, of the Code of Ordinances of the City of Owasso, Oklahoma and Resolution
2015 -11, establishing fees
Julie Lombardi presented the item recommending approval of Ordinance 1054 and
Resolution 2015 -11.
After discussion, Mr. Bonebrake moved, seconded by Dr. Kelley to approve Ordinance 1054
and Resolution 2015 -11, as recommended.
YEA: Bonebrake, Bush, Dunn, Kelley, Moberly
NAY: None
Motion carried: 5 -0
Owasso city council
June 16, 2015
Page 4
14. Consideration and appropriate action relating to a settlement in the litigation styled, Bryan
Spradlin v City of Owasso et al., 12 -CV- 497- JED -FHM
Julie Lombardi presented the item recommending approval of the proposed settlement in
the amount of $75,000, authorization of payment to Bryan Spradlin and ancillary parties in full
settlement of this matter, and authorization of the City Manager to execute all documents
necessary for settlement of this case.
Dr. Kelley moved, seconded by Mr. Dunn to approve settlement, authorize payment, and
authorize City Manager to execute all documents, as recommended.
YEA: Bonebrake, Bush, Dunn, Kelley, Moberly
NAY: None
Motion carried: 5 -0
15. Consideration and appropriate action relating to a request for an executive session for the
purpose of discussing the employment of the City Attorney, such executive session provided
for in Title 25, O.S. Section § 307(B)(1)
The City Council will meet in executive session to discuss an employment contract with the
City Attorney.
16. Consideration and appropriate action relating to a request for an executive session for the
purpose of discussing the employment of the City Manager, such executive session provided
for in Title 25, O.S. Section § 307(B)(1)
The City Council will meet in executive session to discuss an employment contract with the
City Manager.
Mayor Moberly presented items 15 and 16 to be voted together, Mr. Bonebrake moved,
seconded by Mr. Dunn to enter into executive session.
YEA: Bonebrake, Bush, Dunn, Kelley, Moberly
NAY: None
Motion carried: 5 -0
At 7:11 pm, the Council, along with Attorney David Weatherford of Birmingham, Morley,
Weatherford & Priore, entered into executive session.
At 7:40 pm, David Weatherford exited executive session.
At 7:42 pm, the Council returned to open session.
17. Consideration and appropriate action relating to an employment contract with the City
Attorney, Julie Lombardi
Michele Dempster presented the item.
After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn to approve a contract with
City Attorney, Julie Lombardi.
YEA: Bonebrake, Bush, Dunn, Kelley, Moberly
NAY: None
Motion carried: 5 -0
Owasso City Council
June 16, 2015
Page 5
18. Consideration and appropriate action relating to an employment contract with the City
Manager, Warren Lehr
Michele Dempster presented the item.
After discussion, Mr. Bush moved, seconded by Dr. Kelley to approve a contract with City
Manager, Warren Lehr.
YEA: Bonebrake, Bush, Dunn, Kelley, Moberly
NAY: None
Motion carried: 5 -0
19. Consideration and appropriate action relating to boards and committee appointments
Mayor Moberly presented the item.
After discussion, Dr. Kelley moved, seconded by Mr. Bush to approve the following boards
and committee appointments:
ANNEXATION COMMITTEE -one-year term
Lyndell Dunn (City Council Representative)
Chris Kelley (City Council Representative)
David Vines (Planning Commission Representative)
Kevin Lane (Citizen)
AUDIT COMMITTEE
Lyndell Dunn (Seat 1, City Council Representative- One -Year Term)
Guy Nightingale (Seat 2, Business Person Representative - Three -Year Term)
BOARD OF ADJUSTMENT - three -year term
Joe Ramey (Member at Large)
Abhijeet Utturkar (Member at Large)
CAPITAL IMPROVEMENTS COMMITTEE - one -year term
Bill Bush (City Council Representative)
Chris Kelley (City Council Representative)
Paul Loving (Planning Commission Representative)
Dirk Thomas (OEDA Representative)
Jeff Davis (Citizen)
Shawn Reiss (Citizen)
Jason Drake (Citizen)
Rob Haskins (Citizen)
Jim Hunter (Citizen)
Casey Goodson (Citizen)
Sherry Bishop, Assistant City Manager
Warren Lehr, City Manager
Linda Jones, Finance Director
OWASSO ECONOMIC DEVELOPMENT AUTHORITY
David Charney, Citizen (Five -Year Term)
Gary Akin (Chamber Representative, One -Year Term)
Jeri Moberly (Council Representative, One -Year Term)
PERSONNEL BOARD - three -year term
Bruce McCarty (Citizen)
PLANNING COMMISSION - three -year term
Tammy Laasko (Citizen)
David Vines (Citizen)
Owasso City Coundi
June 16, 2015
Page 6
SALES TAX WATCHDOG COMMITTEE - lifetime appointment
Ed Wagner (Member at Large)
Trey Thee (Member at Large)
Brandon Miller (Member at Large)
Cyndi Knoten (Member at Large)
Mike Westerman (Financial Appointment)
INCOG ENVIRONMENTAL POLICY COMMITTEE - one -year term
Roger Stevens (Public Works)
INCOG TRANSPORTATION POLICY COMMITTEE - one -year term
Doug Bonebrake (City Council Representative)
Warren Lehr (City Manager, Alternate)
INCOG TRANSPORTATION TECHNICAL COMMITTEE - one -year term
Roger Stevens (Public Works)
Dwayne Henderson (Public Works Director, Alternate)
REGIONAL METROPOLITAN UTILITY AUTHORITY - one -year term
Sherry Bishop (Assistant City Manager)
Roger Stevens (Public Works Director)
YEA: Bonebrake, Bush, Dunn, Kelley, Moberly
NAY: None
Motion carried: 5 -0
20. Report from City Manager
Mr. Lehr acknowledged the efforts of staff relating to the budget, provided an update from
ODOT on the widening of Highway 169, and read a press release regarding a police officer
being placed on administrative leave pending investigation.
21. Report from City Attorney
None
22. Report from City Councilors
Councilors commented on the torrential rain and possible flooding.
23. New Business
None
24. Adjournment
Mr. Bonebrake moved, seconded by Dr. Kelley to adjourn the meeting.
YEA: Bonebrake, Bush, Dunn, Kelley, Moberly
NAY: None
Motion carried 5 -0 and the meeting adjourned at 7:56 pm.
Jeri Moberly, Mayor
Lisa Wilson, Minute Clerk
Claims List
7/7/2015
Budget Unit Title
Vendor Name
Payable Description
PaymentAmount
GENERAL
TREASURER PETTY CASH
CC REFUND/TRUJILLO
50.00
TREASURER PETTY CASH
CC REFUND/WEAVER
50.00
TREASURER PETTY CASH
CC REFUND /CARR
50.00
TREASURER PETTY CASH
OC REFUNDIFLORES
100.00
TREASURER PETTY CASH
CC REFUND/TULSA WORLD
50.00
TREASURER PETTY CASH
CC REFUND /RAIRDON
50.00
TREASURER PETTY CASH
OC REFUND /SIXKILLER
100.00
TOTAL GENERAL 450.00
MUNICIPAL COURT
YOUTH SERVICES OF TULSA
YOUTH SERVICES PROGRAMS
4,125.00
YOUTH SERVICES OF TULSA
YOUTH SERVICES PROGRAMS
4,125.00
YOUTH SERVICES OF TULSA
YOUTH SERVICES PROGRAMS
4,125.00
SAV -ON PRINTING & SIGNS LLC
RECEIPT BOOKS
443.80
TOTAL MUNICIPAL COURT 12,818.80
MANAGERIAL
TREASURER PETTY CASH
TRAVEL REIMB /BISHOP
31.05
JPMORGAN CHASE BANK
OFFICE EVEYTHING- SUPPLIES
99.24
JPMORGAN CHASE BANK
CMAO- CONFERENCE /BISHOP
175.00
JPMORGAN CHASE BANK
CMAO - ANNUAL DUES /LEHR
640.00
JPMORGAN CHASE BANK
CMAO- AMP /BISHOP
25.00
TREASURER PETTY CASH
TRAVEL REIMB /FEARY
209.10
JPMORGAN CHASE BANK
MEETING EXPENSE
99.96
TOTAL MANAGERIAL 1,279.35
FINANCE
JJPMORGAN CHASE BANK 1OFFICE DEPOT-SUPPLIES 9.80
TOTAL FINANCE 9,80
HUMAN RESOURCES
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
192.80
MAH INDUSTRIES LLC
IVY BLASTER
105.00
COMMUNITYCARE EAP
EMPLOYEE ASSISTANCE PROGR
454.00
MCAFEE & TAFT
LEGAL FEES
72.00
LEAD SELF LEAD OTHERS, LLC
CM COACHING
1,000.00
JPMORGAN CHASE BANK
OML- ADVERTISING
20.00
JPMORGAN CHASE BANK
CHARACTER BULLETINS
675.00
JPMORGAN CHASE BANK
NEIGHBOR NEWS- ADVERTISING
499.45
JPMORGAN CHASE BANK
ITULSA WORLD- ADVERTISING
3,689.08
TOTAL HUMAN RESOURCES 6,707.33
HR - CHARACTER INITIATIVE
JPMORGAN CHASE BANK
SAV ON- CHARACTER BANNERS
364.00
JPMORGAN CHASE BANK
ADMIRAL EXP- SUPPLIES
134.20
TOTAL HR- CHARACTER INITIATIVE 498.20
Page 1
Claims List
7/7/2015
Budget Unit Title
Vendor Name
Payable Description
Payment Amount
GENERAL GOVERNMENT
TULSACOFFEE SERVICE INC
OPERATING SUPPLIES
100.77
BH MEDIA HOLDING GROUPS, INC
PUBLICATION, LEGAL NOTICE
120.40
DRAKE SYSTEMS INC
COPY SERVICES
408.03
RICOH USA, INC.
COPY SERVICES
104.30
GRAND GATEWAY ECO. DEV ASSC.
PELIVAN - MAY 2015
5,100.00
CINTAS CORPORATION
CARPET CLEANING CITY HALL
67.04
BH MEDIA HOLDING GROUPS, INC
ADVERTISING
114.80
MCAFEE & TAFT
LEGAL - ARBITRATION
946.00
MCAFEE & TAFT
LEGAL - DENTON
3,133.66
JPMORGAN CHASE BANK
ADMIRAL EXP- OFFICE SUPPLY
28.99
VALVERDE ARBITRATION SERVICES, INC
ARBBTRATION
2,400.00
AT &T
LONG DISTANCE BILL
25.20
AEP /PSO
ELECTRIC USAGE
4,440.66
TOTAL GENERAL GOVERNMENT 16,989.85
COMMUNITY DEVELOPMENT
JOE W. THOMPSON
CODE ENFORCEMENT MOWING
150.00
JPMORGAN CHASE BANK
INTL CODE COUNCIL- MANUAL
688.74
FRED STEPHEN CORLEY
CODE ENFORCEMENT MOWING
500.00
FRED STEPHEN CORLEY
CODE ENFORCEMENT MOWING
200.00
KENNETH LIVINGSTON
CODE ENFORCEMENT MOWING
250.00
KENNETH LIVINGSTON
CODE ENFORCEMENT MOWING
250.00
KENNETH LIVINGSTON
CODE ENFORCEMENT MOWING
400.00
JPMORGAN CHASE BANK
DLT SOLUTIONS - AUTOCAD LIC
1,167.95
TOTAL COMMUNITY DEVELOPMENT 3,606.69
ENGINEERING
JPMORGAN CHASE BANK
DEPT OF ENV QUALITY -DEQ
184.00
UNIFIRST HOLDINGS LP
UNIFORM CLEANING
19.86
UNITED STATES CELLULAR CORPORATION
PW CELL PHONES
56.55
UNIFIRST HOLDINGS LP
UNIFORM CLEANING
19.86
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
31.79
JPMORGAN CHASE BANK
MAXWELL -TOOLS
28.29
JPMORGAN CHASE BANK
L & M FURNITURE - BOOKSHELF
193.00
UNIFIRST HOLDINGS LP
UNIFORM CLEANING
19.56
TOTAL ENGINEERING 552.91
INFORMATION TECHNOLOGY
JPMORGAN CHASE BANK
PEAK UPTIME -SAN IMPLEMENT
18,00070
JPMORGAN CHASE BANK
COX TULSA -CITY INTERNET
1,309.00
JPMORGAN CHASE BANK
ISSUU- SOFTWARE
228.00
JPMORGAN CHASE BANK
HOSTICACOM - RENEWAL
11.95
JPMORGAN CHASE BANK
INS - WIRELESS HARDWARE
903.20
JPMORGAN CHASE BANK
HOSTICACOM- RENEWAL
11.95
JPMORGAN CHASE BANK
LOWES -TOOLS
11.98
JPMORGAN CHASE BANK
DEEP SURPLUS- SUPPLIES
29.10
Page 2
Claims List
7/7/2015
Budget Unit Title
Vendor Name
Payable Description
PaymentAmount
INFORMATION TECHNOLOGY
JPMORGAN CHASE BANK
LOWES- SUPPLIES
8.66
JPMORGAN CHASE BANK
BARRACUDA- RENEWAL
300.00
JPMORGAN CHASE BANK
LOWES - SUPPLIES
119.60
TOTAL INFORMATION TECHNOLOGY 20,933.44
SUPPORT SERVICES
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
3.19
SPRINT SOLUTIONS, INC.
SPRINT CARDS
79.98
JPMORGAN CHASE BANK
LOCKE SUPPLY-SUPPLIES
142.06
JPMORGAN CHASE BANK
PAM DIST -DOOR STRIKE
286.67
JPMORGAN CHASE BANK
LOWES-HDMI CABLE
13.26
JPMORGAN CHASE BANK
LOWES -TRASH BAGS
9.48
JPMORGAN CHASE BANK
MURPHY SANITARY -HAND SOAP
116.88
JPMORGAN CHASE BANK
LOWES - CEILING CROSS TEES
134.40
COPY WORLD BUSINESS SOLUTIONS, LLC
QTRLY MAINT EXP COPIER
110.00
UNIFIRST HOLDINGS LP
UNIFORM RENTAL FEES
18.15
UNIFIRST HOLDINGS LP
UNIFORM RENTAL FEES
18.15
UNIFIRST HOLDINGS LP
UNIFORM RENTAL FEES
18.15
UNIFIRST HOLDINGS LP
UNIFORM SHIRT
19.96
JPMORGAN CHASE BANK
COX - INTERNET SERVICE
69.95
JPMORGAN CHASE BANK
SAMS CLUB- SUPPLIES
320.44
JPMORGAN CHASE BANK
LIBERTY FLAGS -FLAGS
58.10
AT &T LONG DISTANCE
LONG DISTANCE PHONE BILL
0.69
SPOK, INC.
IPAGER USE
8.88
TOTAL SUPPORT SERVICES 1,428.39
CEMETERY
JPMORGAN CHASE BANK
LOWES- SHOVELS
72.10
AEPIPSO
ELECTRIC USAGE
42.72
JPMORGAN CHASE BANK
P &K EQUIP- TRIMMER HEAD
1AUTOZONE-SPRAY
24.95
JPMORGAN CHASE BANK
PAINT
12.98
TOTAL CEMETERY 152.75
POLICE SERVICES
JPMORGAN CHASE BANK
SAMS- SUPPLIES
22.96
JPMORGAN CHASE BANK
OKLAHOMA GANG- TRAINING
175.00
JPMORGAN CHASE BANK
AT YOUR SERVICE - RENTAL
80.00
JPMORGAN CHASE BANK
BEST BUY - SUPPLIES
12.99
JPMORGAN CHASE BANK
WALMART- SUPPLIES
34.22
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
68.94
JPMORGAN CHASE BANK
QUALITY TIRE -WHEEL ALIGN
69.95
JPMORGAN CHASE BANK
SPECIAL OPS- UNIFORM ITEMS
211.95
JPMORGAN CHASE BANK
SPECIAL OPS- UNIFORM ITEMS
13.98
JPMORGAN CHASE BANK
SAMS CLUB - SUPPLIES
27.92
JPMORGAN CHASE BANK
SOUTHERN AG -K9 FOOD
257.94
JPMORGAN CHASE BANK
ISPECIAL OPS- VEST /KENNEDY
348.25
Page 3
Claims List
7/7/2015
Budget Unit Title
Vendor Name
Payable Description
PaymentAmount
POLICE SERVICES..,
JPMORGAN CHASE BANK
SPECIAL OPS- VEST /SMITH
348.25
JPMORGAN CHASE BANK INTEGRIS-
PENSION PHYSICAL
950.00
JPMORGAN CHASE BANK
SPECIAL OPS- UNIFORM ITEMS
1,777.40
JPMORGAN CHASE BANK
CODE ZERO- BACKUP CAMERA
279.99
JPMORGAN CHASE BANK
BEST BUY -TV
169.99
JPMORGAN CHASE BANK
TINT SHOP - WINDOW TINT
195.00
JPMORGAN CHASE BANK
ALTA CONVENIENCE -FUEL
38.40
JPMORGAN CHASE BANK
AMAZON- FLASHDRIVE
24.99
JPMORGAN CHASE BANK
SPECIAL OPS UNIFORM -ITEMS
269.97
JPMORGAN CHASE BANK
GALLS INTERN - UNIFORMS
163.38
JPMORGAN CHASE BANK
VIEVU- CAMERA
250.00
JPMORGAN CHASE BANK
THOMSON WEST -CLEAR ACCESS
276.01
JPMORGAN CHASE BANK
TKR- TRAVEL MEAL
25.89
JPMORGAN CHASE BANK
COLORADO CONVENTION -FEES
12.00
AEP /PSO
ELECTRIC USAGE
2,510.67
SPOK, INC.
PAGER USE
35.52
AT &T ILONG
DISTANCE BILL
25,15
TOTAL POLICE SERVICES 8,676.71
POLICE - DOJ VEST GRANT
JPMORGAN CHASE BANK
SPECIAL OPS- VEST /KENNEDY
348.25
JPMORGAN CHASE BANK
SPECIAL OPS- VEST /GRANT
348.25
TOTAL POLICE - DOJ VEST GRANT 696.50
POLICE COMMUNICATIONS
JPMORGAN CHASE BANK
BEST BUY - SUPPLIES
19.99
JPMORGAN CHASE BANK
WALMART - PRISONER BOARD
32.45
JPMORGAN CHASE BANK
PRODUP -DVD DUPLICATOR
490.00
DEPARTMENT OF PUBLIC SAFETY
JUNE OLETS USER FEE
450.00
LANGUAGE LINE SERVICES
TRANSLATION SVCS
81.90
AEP IPSO
ELECTRIC USAGE
208.26
TOTAL POLICE COMMUNICATIONS 1,282,62
ANIMAL CONTROL
AEP IPSO
ELECTRIC USAGE
187.04
AT &T LONG DISTANCE
LONG DISTANCE PHONE BILL
3.87
AT &T
LONG DISTANCE BILL
0.92
ANNE K. KARN
STERILIZATION SVCS
570.00
JPMORGAN CHASE BANK
DOLLAR GENERAL- SUPPLIES
2.72
JPMORGAN CHASE BANK
AMAZON- SUPPLIES
25.72
JPMORGAN CHASE BANK
WALMART- SUPPLIES
34.60
JPMORGAN CHASE BANK
BIG POPPY UNIFORMS -ITEMS
43.33
TOTAL ANIMAL CONTROL 868.20
FIRE SERVICES
JPMORGAN CHASE BANK
PRUITT AUTO- REPAIRS
1,591.01
JPMORGAN CHASE BANK
IMAGENET- CONTRACT /MAIM
347.70
Page 4
Claims List
7/7/2015
Budget Unit Title
Vendor Name
Payable Description
Payment Amount
FIRE SERVICES...
JPMORGAN CHASE BANK
LODGING EXPENSE
99.07
JPMORGAN CHASE BANK
LODGING EXPENSE
87.00
JPMORGAN CHASE BANK
TRAVELEXPENSE
6.51
JPMORGAN CHASE BANK
SAMS - OFFICE SUPPLIES
32.66
JPMORGAN CHASE BANK
NSC- REPAIR SUPPLIES
130.00
JPMORGAN CHASE BANK
FLEETPRIDE- SUPPLIES
83.22
JPMORGAN CHASE BANK
FRONTIER INTSUPPLIES
33.33
JPMORGAN CHASE BANK
CONRAD FIRE- PARTSIMAINT
530.88
JPMORGAN CHASE BANK
TRAVELEXPENSE
9.36
JPMORGAN CHASE BANK
TRAVELEXPENSE
9.36
JPMORGAN CHASE BANK
TRAVELEXPENSE
9.55
JPMORGAN CHASE BANK
TRAVELEXPENSE
10.18
JPMORGAN CHASE BANK
TRAVELEXPENSE
9.72
JPMORGAN CHASE BANK
KEN KOOL- VEHICLE SUPPLIES
16.86
JPMORGAN CHASE BANK
UPS STORE - SHIPPING CHARGE
26.58
JPMORGAN CHASE BANK
TRAVELEXPENSE
11.80
JPMORGAN CHASE BANK
TRAVELEXPENSE
11.00
JPMORGAN CHASE BANK
TRAVELEXPENSE
12.14
JPMORGAN CHASE BANK
TRAVELEXPENSE
11.00
JPMORGAN CHASE BANK
CUMMINS SO PLAINS -PARTS
97.33
JPMORGAN CHASE BANK
TRAVELEXPENSE
8.14
JPMORGAN CHASE BANK
TRAVELEXPENSE
10.09
JPMORGAN CHASE BANK
TRAVELEXPENSE
10.53
JPMORGAN CHASE BANK
TRAVELEXPENSE
10.53
JPMORGAN CHASE BANK
TRAVELEXPENSE
11.00
JPMORGAN CHASE BANK
TRAVELEXPENSE
12.07
JPMORGAN CHASE BANK
SAFELITE- REPLACE GLASS
222.90
JPMORGAN CHASE BANK
SAMS- OPERATING SUPPLIES
32.44
JPMORGAN CHASE BANK
MAIL THIS COPY THAT -SHIP
18.74
JPMORGAN CHASE BANK
TRAVELEXPENSE
12.76
JPMORGAN CHASE BANK
SAMS CLUB - SUPPLIES
31.17
JPMORGAN CHASE BANK
BORES -FLAG POLES
749.75
JPMORGAN CHASE BANK
OREILLYS -VEH PARTS
2.49
JPMORGAN CHASE BANK
JIM GLOVER -VEH REPAIRS
630.20
JPMORGAN CHASE BANK
OFFICE DEPOT - BATTERIES
8.79
JPMORGAN CHASE BANK
TRAVELEXPENSE
10.82
JPMORGAN CHASE BANK
SUPPLYWORKS- SUPPLIES
640.26
JPMORGAN CHASE BANK
ROBINSONGLASS - REPLACEMENT
195.00
JPMORGAN CHASE BANK
OVERHEAD DOOR - REPAIR
100.00
JPMORGAN CHASE BANK
TRAVELEXPENSE
14.06
JPMORGAN CHASE BANK
TRAVELEXPENSE
18.88
JPMORGAN CHASE BANK
TRAVELEXPENSE
19.88
JPMORGAN CHASE BANK
TRAVELEXPENSE
13.17
JPMORGAN CHASE BANK
TRAVEL EXPENSE
15.45
Page 5
Claims List
7/7/2015
Budget Unit Title
Vendor Name
Payable Description
PaymentAmount
FIRE SERVICES...
JPMORGAN CHASE BANK
TRAVEL EXPENSE
13.60
JPMORGAN CHASE BANK
TRAVEL EXPENSE
12.70
JPMORGAN CHASE BANK
DRY CLEANING- UNIFORMS
16.74
JPMORGAN CHASE BANK
AMERIFLEX- SUPPLIES
16.90
JPMORGAN CHASE BANK
TRAVEL EXPENSE
12.70
JPMORGAN CHASE BANK
TRAVEL EXPENSE
11.10
JPMORGAN CHASE BANK
TRAVEL EXPENSE
14.32
JPMORGAN CHASE BANK
OK STATE FIREFIGHTERS -FEE
60.00
TREASURER PETTY CASH
TRAVEL EXPENSE
38.74
TREASURER PETTY CASH
TRAVEL REIMB /SMITH
34.66
BARRY INGRAM
TUITION REIMBURSEMENT
270.66
AT &T
LONG DISTANCE BILL
2.86
TREASURER PETTY CASH
OFFICE SUPPLIES
6.98
JPMORGAN CHASE BANK
FLEETPRIDE- CREDIT
-30.02
JPMORGAN CHASE BANK
SAFELITE- CREDIT
- 289.85
AT &T LONG DISTANCE
LONG DISTANCE PHONE BILL
40.40
AEP IPSO JELECTRIC
USAGE
3,291.59
TOTAL FIRE SERVICES 9,499.46
EMERGENCY PREPARE DNES
AEPIPSO
ELECTRIC USAGE
110.10
JPMORGAN CHASE BANK
SAMS CLUB- SUPPLIES
11.48
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
16.52
TOTAL EMERGENCY PREPAREDNESS 138.10
STREETS
JPMORGAN CHASE BANK
TULSA FREIGHTLINER -KEY
6.60
UNIFIRST HOLDINGS LP
UNIFORM CLEANING
344.08
JPMORGAN CHASE BANK
BROWN CO- TROWELS
7.50
JPMORGAN CHASE BANK
BROWN CO -WATER PUMPS
200.00
SIGNALTEK INC
TRAFIC SIGNAL MAINTENANCE
3,175.75
TULSA ASPHALT, LLC
ASPHALT FOR POTHOLES
324.70
JPMORGAN CHASE BANK
ATWOOD -CAULK
23.94
TULSA COUNTY SOCC
MISC SIGNS
69.95
TULSA COUNTY BOCC
REPLACEMENT SIGNS
136.60
TULSA WORLD
STRIPING BID ADVERTISING
42.32
MID - AMERICAN SIGNAL, INC
LOOP REPAIRS SUPPLIES
1,885.90
UNIFIRST HOLDINGS LP
UNIFORM CLEANING
39.35
JPMORGAN CHASE BANK
MIDLAND VINYL -FENCE POSTS
3,600.00
JPMORGAN CHASE BANK
SHERWIN WILLIAMS -PAINT
26.09
JPMORGAN CHASE BANK
TRANSCO SUPPLY -PPE
11.72
JPMORGAN CHASE BANK
LOWES-TOOLSIMATERIALS
45.97
TULSA COUNTY SOCC
REGULATORY SIGN REPLACEME
5,869.00
JPMORGAN CHASE BANK
RUSH TRK -KEY CUTTING
20.00
JPMORGAN CHASE BANK
LOWES - DUCTTAPE
6.63
JPMORGAN CHASE BANK
TRANSCO SUPPLY-SUPPLIES
70.32
Page 6
Claims List
7/7/2015
Budget Unit Title
Vendor Name
Payable Description
PaymentAmount
STREETS...
JPMORGAN CHASE BANK
GRAINGER -PPE
28.75
UNIFIRST HOLDINGS LP
UNIFORM CLEANING
41.30
JPMORGAN CHASE BANK
SHERWIN WILLIAMS- CREDIT
-2.14
UNIFIRST HOLDINGS LP
UNIFORM CLEANING
39.35
AEP IPSO
ELECTRIC USAGE
1,568.10
SPOK, INC.
PAGER USE
75.54
TOTAL STREETS 17,657.32
STORMWATER
SPOK, INC.
PAGER LITE
44.40
UNIFIRST HOLDINGS LP
UNIFORM CLEANING
33.31
JPMORGAN CHASE BANK
OREILLY- BATTERY CABLE
26.47
JPMORGAN CHASE BANK
P & K EQUIPMENT -BELT
89.74
JPMORGAN CHASE BANK
AMAZON- PROTECTION COVERAG
189.38
JPMORGAN CHASE BANK
QUALITY TIRE -TIRE TUBE
30.00
JPMORGAN CHASE BANK
GRAINGER -PPE
28.75
JPMORGAN CHASE BANK
TRANSCO SUPPLY - SUPPLIES
70.32
JPMORGAN CHASE BANK
STANDARD LAWN- BLADES
49.00
JPMORGAN CHASE BANK
KUBOTA - TRACTOR SUPPLIES
34.79
JPMORGAN CHASE BANK
OREILLY -MOWER OIL/FILTERS
50.87
JPMORGAN CHASE BANK
OREILLY -MOWER OIL/FILTER
15.71
JPMORGAN CHASE BANK
BROWN CO- SANDBAGS
217.00
JPMORGAN CHASE BANK
NAPA - PUBLICATION
22.50
JPMORGAN CHASE BANK
P & K EQUIPMENT -MIX OIL
45.12
JPMORGAN CHASE BANK
TRANSCO SUPPLY -PPE
11.72
JPMORGAN CHASE BANK
OREILLYS -FUEL FILTERS
25.14
UNIFIRST HOLDINGS LP
UNIFORM CLEANING
33.31
JPMORGAN CHASE BANK
AMAZON- MOBILE PC PROJ
876.82
JPMORGAN CHASE BANK
AMAZON- MOBILE PC PROJECT
865.00
TREASURER PETTY CASH
TRAILER TAG
25.00
UNIFIRST HOLDINGS LP
UNIFORM CLEANING
418.88
JPMORGAN CHASE BANK
HOME DEPOT - HITCH /LOCK
104.91
UNIFIRST HOLDINGS LP
UNIFORM CLEANING
33.31
JPMORGAN CHASE BANK
ATWOODS- SUPPLIES
35.97
JPMORGAN CHASE BANK
ATWOODS -WATER JUGS
59.98
JPMORGAN CHASE BANK
FORESTER- WESINAR
79.00
JPMORGAN CHASE BANK
JP&K EQUIP- MOWER BLADE
60.81
TOTAL STORMWATER 3,577.21
PARKS
JPMORGAN CHASE BANK
ATWOOD -PARTS
11.25
JPMORGAN CHASE BANK
HIDEAWAY - MEETING EXPENSE
21.45
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
9.00
SKYADD, LLC
RESTROOM RENTALS
245.00
WASHINGTON CO RURAL WATER DISTRICT
WATER SERVICE MCCARTY PAR
55.04
UNIFIRST HOLDINGS LP
PARKS UNIFORMS
15.25
Page 7
Claims List
7/7/2015
Budget Unit Title
Vendor Name
Payable Description
PaymentAmount
PARKS...
UNIFIRST HOLDINGS LP
PARKS UNIFORMS
15.25
UNIFIRST HOLDINGS LP
PARKS UNIFORMS
15.25
UNIFIRST HOLDINGS LP
PARKS UNIFORMS
15.25
FREDRICK COSTIN JR
APRIL MOWING ATOR
180.00
FREDRICK COSTIN JR
APRIL MOWING RAYOLA
516.00
FREDRICK COSTIN JR
APRIL MOWING SKATE PARK
180.00
FREDRICK COSTIN JR
APRIL MOWING VETERANS PAR
165.00
FREDRICK COSTIN JR
MAY MOWING VETERANS PARK
110.00
FREDRICK COSTIN JR
MAY MOWING ATOR PARK
120.00
FREDRICK COSTIN JR
MAY MOWING RAYOLA PARK
344.00
FREDRICK COSTIN JR
MAY MOWING SKATE PARK
120.00
JPMORGAN CHASE BANK
ACE HARDWARE - SUPPLIES
35.98
JPMORGAN CHASE BANK
LOWES -PAINT
48.98
JPMORGAN CHASE BANK
P & K EQUIPMENT -PARTS
87.03
JPMORGAN CHASE BANK
P & K EQUIPMENT -PARTS
10.56
JPMORGAN CHASE BANK
P & K EQUIPMENT -SAW BAR
25.99
JPMORGAN CHASE BANK
TUCKER JANTL -TRASH BAGS
129.90
AEP /PSO
ELECTRIC USAGE
1,512.83
AT &T
LONG DISTANCE BILL
0.02
JPMORGAN CHASE BANK
LOWES-SUPPLIES
63.76
TOTAL PARKS 4,052.79
CULTURE AND RECREATION jRAINB7A FIREWORKS, INC. IFY16 FIREWORKS 15,000.00
TOTAL CULTURE AND RECREATION 15,000.00
COMMUNITY CENTER
YOUNGS FIRE SUPPRESSION SERVICES
FIRE EXTINGUISHER INSPECT
135.00
JPMORGAN CHASE BANK
LOWES -SIGN MATERIALS
11.85
JPMORGAN CHASE BANK
LOWESSIGN MATERIALS
3.36
JPMORGAN CHASE BANK
CHARACTER BULLETINS
29.25
JPMORGAN CHASE BANK
LOWES- SIGN MATERIALS
5.62
AEP /PSO
ELECTRIC USAGE
1,224.13
AT &T LONG DISTANCE
LONG DISTANCE PHONE BILL
15.87
AT &T
LONG DISTANCE BILL
2.82
JPMORGAN CHASE BANK
SAMS CLUB - SUPPLIES
50.57
JPMORGAN CHASE BANK
TUCKER JANTL- SUPPLIES
102.15
JPMORGAN CHASE BANK
ITUCKER JANTL- SUPPLIES
124.20
TOTAL COMMUNITY CENTER 1,704.82
VISION 2025 COMMUNITY CTI C & C TILE AND CARPET CO., INC IRESTR70MS TILE WORK 744.00
TOTAL VISION 2025 COMMUNITY CTR 744.00
HISTORICAL MUSEUM JAEPIPSO
ELECTRIC USAGE
141.47
Page 8
Claims List
7/7/2015
Budget Unit Title I
Vendor Name
Payable Description IPaymentAmountl
TOTAL HISTORICAL MUSEUM
141.47
ECONOMIC DEV JPMORGAN CHASE BANK
WEBSCRIBBLE- HOSTING
19.99
TOTAL ECONOMIC DEV
19.99
129,486.7
FUND GRAND TOTAL
AMBULANCE SERVICE JAMERICAN MUNICIPAL SERVICES CORP.
1COLLECTION SERVICES
309.10
TOTAL AMBULANCE SERVICE
309.10
AMBULANCE
JPMORGAN CHASE BANK
QUADMED- SUPPLIES
238.00
JPMORGAN CHASE BANK
RUSK TRK -PAINT /BODY WORK
1,649.00
MEDICLAIMS INC
BILLING SERVICES
6,052.19
JPMORGAN CHASE BANK
GRN CNTRY MED -WASTE DISP
195.00
JPMORGAN CHASE BANK
HENRY SCHEIN- SUPPLIES
1,096.72
JPMORGAN CHASE BANK
HENRY SCHEIN- SUPPLIES
1,903.27
JPMORGAN CHASE BANK
CONRAD FIRE- PARTS/MAINT
153.90
JPMORGAN CHASE BANK
FULLERTON- OXYGEN
61.50
JPMORGAN CHASE BANK
FLEET DIST- EQUPIMENT
182.28
JPMORGAN CHASE BANK
TELEFLEX - SUPPLIES
557.53
JPMORGAN CHASE BANK
WAPCO- SUPPLIES
2,500.00
TOTAL AMBULANCE
14,589.39
14,898.4
FUND GRAND TOTAL
E911 COMMUNICATIONS JPMORGAN CHASE BANK
TOTAL RADIO- MONTHLY BILL
285.00
IINCOG-E911
E911 ADMIN SVC FEES
7,740.01
TOTAL E911 COMMUNICATIONS
8,025.01
8,025.0
FUND GRAND TOTAL
CEMETERY - CEMETERY JPMORGAN CHASE BANK
QUIK SERVICES STEEL -STEEL
78.40
TOTAL CEMETERY - CEMETERY
78.40
78.4
FUND GRAND TOTAL
HOTEL TAX - ECON DEV AEP IPSO
ELECTRIC USAGE
85.95
TOTAL HOTELTAX - ECON DEV
85.95
Page 9
Claims List
7/7/2015
Budget Unit Title I
Vendor Name
Payable Description IPaymentAmount
85.9
FUND GRAND TOTAL
STORMWATER - STORMWATE
AEP /PSO
ELECTRIC USAGE
326.08
JPMORGAN CHASE BANK
HOME DEPOT -TAX CREDIT
-6.51
JPMORGAN CHASE BANK
GNC CONCRETE- CREDIT
- 1,894.00
JPMORGAN CHASE BANK
LOWES- MATERIALS
95.70
JPMORGAN CHASE BANK
LOWES- SUPPLIES
338.32
JPMORGAN CHASE BANK
INDUSTRIAL SPLICING -SLING
134.26
JPMORGAN CHASE BANK
HOME DEPOT - SUPPLIES
36.18
JPMORGAN CHASE BANK
GNC CONCRETE -PIPE
605.44
JPMORGAN CHASE BANK
FASTENAL- SUPPLIES
10.85
JPMORGAN CHASE BANK
HOME DEPOT -GROUT MATERIAL
79.57
JPMORGAN CHASE BANK
ATWOOD- WIRING
110.42
JPMORGAN CHASE BANK
STARLITE- TRAILER
5,725.00
JPMORGAN CHASE BANK
LOWES -PIPE SEALER
46.96
JPMORGAN CHASE BANK
LOWES- SUPPLIES
141.21
JPMORGAN CHASE BANK
LOWES- LUMBER
28.96
TWIN CITIES READY MIX, INC
CONCRETE
288.00
ANCHOR STONE COMPANY
ROCK
555.83
TWIN CITIES READY MIX, INC
CONCRETE
432.00
TWIN CITIES READY MIX, INC
ICONCRETE
153.75
TOTAL STORMWATER - STORMWATER 7,208.02
7,208.0
FUND GRAND TOTAL
PUBLIC SAFETY - FIRE
JPMORGAN CHASE BANK
WALMART -DRU EQUIP
25.81
JPMORGAN CHASE BANK
BEST BUY -DRU EQUIPMENT
99.99
JPMORGAN CHASE BANK
SOPAKCO -DRU EQUIPMENT
1,046.70
JPMORGAN CHASE BANK
SAMS -DRU EQUIPMENT
619.92
JPMORGAN CHASE BANK
INMAR GROUP -DRU EQUIPMENT
6,146.45
JPMORGAN CHASE BANK
WAPOC- HEADSET SYSTEM
600.00
JPMORGAN CHASE BANK
NORTHWEST SUPPLY -DRU
2,648.85
JPMORGAN CHASE BANK
OREILLY- COMPUTER PARTS
6.78
JPMORGAN CHASE BANK
CELLULAR DATA- DRU EQUIP
260.00
JPMORGAN CHASE BANK
INS - WIRELESS HARDWARE
2,964.60
TOTAL PUBLIC SAFETY -FIRE 14,419.10
14,419.1
FUND GRAND TOTAL
CI - GARN WID 96TH -106TH PSA- DEWBERRY INC ENGINEERING SERVICES 7,882.98
TOTAL CI -GARN WID 96TH -106TH 7,882.98
Page 10
Claims List
7/7/2015
Budget Unit Title
Vendor Name
Payable Description
Payment Amount
TRANSPORTATION MSTR PU
C. H. GUERNSEY & COMPANY
ENGINEERING SERVICES
5,580.03
JPMORGAN CHASE BANK
FEDEX - PRINTING SERVICES
35.00
JPMORGAN CHASE BANK
OFFICE DEPOT - BINDERS
38.43
TOTAL TRANSPORTATION MSTR PLAN 5,653.46
13,536.4
FUND GRAND TOTAL
CITY GARAGE
JPMORGAN CHASE BANK
OPFMA- CONFERENCE FEE
105.00
AT &T MOBILITY
WIRELESS SERVICE
57.35
AT &T LONG DISTANCE
LONG DISTANCE PHONE BILL
18.91
JPMORGAN CHASE BANK
SAMS CLUB- SUPPLIES
13.98
JPMORGAN CHASE BANK
HESSELBEIN -TIRES
339.90
JPMORGAN CHASE BANK
B & M WAREHOUSE -PARTS
597.85
JPMORGAN CHASE BANK
GOODYEAR -TIRES
1,329.72
JPMORGAN CHASE BANK
LENOX WRECKER- TOWING
235.00
AT &T
LONG DISTANCE BILL
1.29
AEP /PSO
ELECTRIC USAGE
417.26
JPMORGAN CHASE BANK
OREILLY -SHOP SUPPLIES
23.84
JPMORGAN CHASE BANK
OREILLY -PARTS RESALE
2,731.70
JPMORGAN CHASE BANK
HOME DEPOT - COOLING FAN
179.00
JPMORGAN CHASE BANK
BUMPER TO BUMPER -PARTS
49.50
JPMORGAN CHASE BANK
FRONTIER INT- FILTERS
297.96
JPMORGAN CHASE BANK
OCT EQUIP- SUPPLIES
205.44
JPMORGAN CHASE BANK
TULSA CLEANING -ASTRO WASH
210.00
JPMORGAN CHASE BANK
UNITED FORD -PARTS RESALE
667.09
JPMORGAN CHASE BANK
UNITED FORD -PARTS RESALE
254.46
JPMORGAN CHASE BANK
UNITED FORD -PARTS RESALE
318.06
JPMORGAN CHASE BANK
BUMPER TO BUMPER -PARTS
110.16
JPMORGAN CHASE BANK
SAFELITE - REPLACEMENT
189.64
JPMORGAN CHASE BANK
OFFICE DEPOT- SUPPLIES
22.99
JPMORGAN CHASE BANK
OFFICE DEPOT- SUPPLIES
27.18
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
11.66
UNIFIRST HOLDINGS LP
UNIFORM RENTAL FEES
32.04
UNIFIRST HOLDINGS LP
UNIFORM RENTAL FEES
32.04
UNIFIRST HOLDINGS LP
UNIFORM RENTAL FEES
32.04
JPMORGAN CHASE BANK
AMERIFLEX HOSE - VALVES
29.00
JPMORGAN CHASE BANK
MYER TIRES -TIRE MACHINE
5,400.00
JPMORGAN CHASE BANK
AMERIFLEX- SUPPLIES
20.30
TOTAL CITY GARAGE 13,960.36
13,960.3
FUND GRAND TOTAL
WORKERS' COMP SELF -INS I CITY OF OWASSO IMPREST ACCOUNT JWC SETTLEMENT PAYMENTS 323.00
Page 11
Claims List
Fitfilzeylk
Budget Unit Tit11
I Vendor Name
Payable Description IPaymentAmountl
WORKERS' COMP SELF -INS..
CITY OF OWASSO IMPRESTACCOUNT
JWC SETTLEMENT PAYMENTS
323.00
TOTAL WORKERS' COMP SELF -INS
646.00
WORKERS' COMP SELF -INS
CITY OF OWASSO IMPREST ACCOUNT
CITY OF OWASSO IMPREST AC
4,631.64
CITY OF OWASSO IMPREST ACCOUNT
CITY OF OWASSO IMPRESTAC
366.98
CITY OF OWASSO IMPREST ACCOUNT
CITY OF OWASSO IMPREST AC
2,304.47
CITY OF OWASSO IMPREST ACCOUNT
CITY OF OWASSO IMPREST AC
366.98
TOTAL WORKERS' COMP SELF -INS
7,670.07
8,316.0
FUND GRAND TOTAL
GEN LIAB -PROP SELF INS NEWTON, O'CONNOR, TURNER & KETCHUM
LEGAL, ROSS, APRIL 2015
312.50
NEWTON, O'CONNOR, TURNER & KETCHUM
LEGAL, DENTON, APRIL 2015
883.00
NEWTON, O'CONNOR, TURNER & KETCHUM
LEGAL, SPRADLIN, APR 2015
14,547.73
NEWTON, O'CONNOR, TURNER & KETCHUM
LEGAL, MA=ANTI, APR 2015
287.50
DAVID L. WEATHERFORD
LEGAL, ROSS, MAY 2015
540.00
TOTAL GEN LIAB -PROP SELF INS
16,570.73
16,570.7
FUND GRAND TOTAL
CITY GRAND TOTAL
$226,585.27
Page 12
CITY OF OWASSO
HEALTHCARE SELF INSURANCE FUND
CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 7/7/15
VENDOR
DESCRIPTION
AMOUNT
AETNA
HEALTHCARE MEDICAL SERVICE
53,955.26
HEALTHCARE MEDICAL SERVICE
38,305.84
HEALTHCARE MEDICAL SERVICE
46,169.87
ADMIN FEES
12,358.66
STOP LOSS FEES
30,555.46
HEALTHCARE DEPT TOTAL
181,345.09
DELTA DENTAL
DENTAL MEDICAL SERVICE
5,923.43
DENTAL MEDICAL SERVICE
4,373.50
DENTAL MEDICAL SERVICE
4,192.66
DENTAL DEPT TOTAL
14,489.59
VSP
VISION MEDICAL SERVICES
2,219.69
ADMIN FEES
953.42
VISION DEPT TOTAL
3,173.11
HEALTHCARE SELF INSURANCE FUND TOTAL
199,007.79
CITY OF OWASSO
GENERALFUND
PAYROLL PAYMENT REPORT
PAY PERIOD ENDING 06113/15
Department
Payroll Expenses
Total Expenses
Municipal Court
5,086.91
7,639.84
Managerial
20,388.97
28,754.79
Finance
15,565.76
23,426.57
Human Resources
7,794.92
12,729.76
Community Development
14,016.24
21,444.20
Engineering
15,599.54
22,888.70
Information Systems
13,200.35
19,898.40
Support Services
10,275.98
14,862.74
Police
118,122.15
179,236.40
Central Dispatch
16,712.25
27,273.54
Animal Control
3,256.55
4,900.32
Fire
106,312.25
161,794.24
Emergency Preparedness
1,673.00
2,361.16
Streets
12,193.64
18,067.71
Stormwater /ROW Maint.
6,169.31
9,504.74
Park Maintenance
10,970.27
16,800.61
Community- Senior Center
2,597.15
3,743.42
Historical Museum
654.40
734.75
Economic Development
3,255.00
4,242.86
General Fund Total 383,844.64 580,304.75
Garage Fund Total 6,607.60 9,798.91
Ambulance Fund Total 28,804.22 43,967.13
Emergency 911 Fund Total 1,980.29 3,323.56
Stormwater Fund 27 Total -
Worker's Compensation Total 8,665.88 10,371.90
Strong Neighborhoods 3,627.87 5,213.17
CITY OF OWASSO
GENERALFUND
PAYROLL PAYMENT REPORT
PAY PERIOD ENDING 06127115
Department Payroll Expenses Total Expenses
Municipal Court
5,348.91
8,057.67
Managerial
20,323.97
29,089.60
Finance
15,969.81
24,367.06
Human Resources
8,028.66
13,321.58
Community Development
13,033.67
20,722.99
Engineering
14,385.11
21,874.10
Information Systems
13,110.35
20,204.70
Support Services
7,801.26
12,167.80
Police
157,918.59
225,250.61
Central Dispatch
17,247.36
28,566.19
Animal Control
3,290.04
5,009.86
Fire
111,446.31
170,428.07
Emergency Preparedness
1,653.00
2,371.64
Streets
7,520.21
13,662.59
Stormwater /ROW Maint.
6,475.73
10,056.28
Park Maintenance
10,278.67
16,367.00
Community- Senior Center
2,491.27
3,689.28
Historical Museum
654.40
734.75
Economic Development
3,205.00
4,217.87
General Fund Total
420,182.32
630,159.64
Garage Fund Total 4,687.61 7,691.39
Ambulance Fund Total 30,123.20 46,335.97
Emergency 911 Fund Total 2,103.18 3,553.39
Stormwater Fund 27 Total
Worker's Compensation Total 5,385.60 6,453.41
Strong Neighborhoods 3,622.86 5,338.03
O—T CitOXW, t Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Karl Fritschen
Chief Urban and Long Range Planner
SUBJECT: Ordinance 1056
DATE: July 2, 2015
BACKGROUND:
On June 16, 2015, City Council considered the annexation (OA- 15 -04) and rezoning (OZ- 15 -03) of
property located at 11933 E 116th St N. This property has been identified for future Fire Station #4.
At this meeting, the Council voted unanimously to approve the annexation of the property and
assign it a zoning of Office Medium (OM), which conforms to the 2030 Land Use Plan's
designation of the property for transitional uses. The attached ordinance officially annexes the
subject property and assigns the zoning of OM, codifying the action taken by the City Council
on June 16, 2015.
RECOMMENDATION:
Staff recommends approval of Ordinance 1056 approving the annexation and rezoning of
property located at 11933 E 1161" St N.
ATTACHMENTS:
Ordinance 1056
Boundary Map
CITY OF OWASSO, OKLAHOMA
ORDINANCE 1056
AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA,
ADDITIONAL LANDS AND TERRITORY AS REFERENCED IN ANNEXATION CASE OA -15 -04 AND
APPROVING ZONING APPLICATION NUMBER OZ -15 -03 CHANGING THE ZONING OF PROPERTY
LOCATED IN THE EAST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER (E /2 E/2 SE /4 SW /4) OF SECTION FIVE (5), 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, 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 ONE 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 and rezoning of the property referenced in application OA -15 -04 and the
rezoning of the some property referenced in OZ- 15 -03.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA,
THAT TO WIT:
A TRACT OF LAND SITUATED IN SECTION FIVE (5), 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:
THE EAST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER (E /2 E/2 SE /4 SW /4) CONTAINING 10 ACRES MORE OR LESS.
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 some is hereby zoned
from AG (AGRICULTURAL) TO OM (OFFICE MEDIUM) District
Section 1. 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 One 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 2. All ordinances or parts of ordinances, in conflict with this ordinance are
hereby repealed to the extent of the conflict only.
Section 3. 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 4. The provisions of this ordinance shall become effective thirty (30) days
from the date of final passage as provided by state law.
Section 5. 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 7th day of July, 2015.
Jeri Moberly, Mayor
ATTEST:
Sherry Bishop, City Clerk
(SEAL)
APPROVED AS TO FORM:
Julie Lombardi, City Attorney
[SPI
AG
CS
Subject Tract
AG
AG -R
E113PLN
RMH
LCUM E 1I r'�r_�
E 112 PL N 2 ? -1-
II —LLiI LEGEND
AG AG I Owasso Corporate Limits
^,
0 �r z i ,
300'Radius y Subject Oa 15 -04 & OZ 15 -03 o iso sao eoo j
� Tract Fire Station #4 �J�LFeet �J 05 21 -14 '-'�'
n—Tily Wit out Limits.
TO: The Honorable Mayor and Council
City Of Owasso
FROM: H. Dwayne Henderson, P.E.
City Engineer
SUBJECT: Public Hearing
Transportation Master Plan
DATE: July 2, 2015
PUBLIC HEARING:
During their July 7, 2015 meeting, the Council will conduct a public hearing for the purpose of
receiving citizen comment regarding the proposed Transportation Master Plan document for
Owasso. Public Works staff will make a presentation prior to the public hearing.
BACKGROUND:
In September 2013, the City of Owasso contracted with Guernsey Engineers to prepare a
Transportation Master Plan for the City of Owasso. The Transportation Master Plan (TMP) was
prepared to analyze the growth of Owasso for the next 20 years and to project transportation
needs and goals for years 2020 through 2035.
The purpose of the plan was to study and document existing traffic conditions in Owasso, and to
prepare 5-, 10- and 20 -year plans for improving the transportation system to keep up with
projected growth. The boundaries of the study are Memorial Drive to N 177th E Ave (west to east)
and E 66th St N to E 126th St N to the north. Also, a corridor running east along E 76th St N to N 177 +h
E Ave, which will include the impacts of Stone Canyon. (See Attachment A)
The roads studied are primary arterials (i.e. North Garnett from E 86th St N, E 116th St N, Garnett
Road), secondary arterials (e.g. E 76th St N, N 161st E Ave) and collectors (e.g. N 123rd E Ave from
E 761h St N to E 86th St N). (See Attachment B)
PROCESS
Initial work on the study included data collection. A public questionnaire was sent out through
the internet to gather comments from the citizenry. A public meeting was held on January 30,
2014, to gather face -to -face comments. Staff provided traffic counts that have been taken
annually by the City of Owasso. Tulsa County and ODOT also provided counts for the study. The
INCOG Regional Traffic Model data was used as a base -line for population densities, employee
figures and transportation patterns in the area.
The engineer developed the Owasso Travel Demand Model by developing Traffic Analysis
Zones, which are geographical areas defined by census tracts. (See Attachment C) The travel
demand model, calibrated /validated with new traffic data, enabled staff to provide accurate
information regarding new and proposed developments, as well as, new and proposed street
projects. Engineers also identified anticipated traffic volumes and travel patterns, evaluated
effectiveness of alternative improvements, projected populations and traffic flows for the years
2020, 2025, 2030 and 2035.
TMP Committee: The design team met with the TMP Committee, which was comprised of a City
Council member, representatives from the Owasso Police Department, Community
Development Department, Owasso Public Schools, Tulsa County Engineers Office, Rogers
County Commissioners Office, at -large citizens from the community and the Public Works
Department. The committee met three (3) times to discuss elements of the plan, which included
results of the questionnaires received from the citizenry and discussion of data brought to the
meeting by the committee members.
Meeting #2 discussed the results found from review of the INCOG Regional Model and the
additional detail needed to be added to make the model useful; discussed Owasso projected
employment and population figures for accuracy before inputting the data into the model.
Meeting #3 discussed the results of the model, the recommendations that the model provided
for the various intersections, interchanges and street segments in the City of Owasso, as well as
the recommended years in which the recommended improvements need to be made in order
to keep up with the growth.
PROPOSED TRANSPORTATION MASTER PLAN IMPROVEMENTS:
The recommendations of the TMP were based on the needs by years 2020, 2025, 2030 and 2035.
Street and intersection improvements, which include additional lanes, traffic signals and
configurations, were addressed. County roads and intersections within the study area were also
addressed. In addition, the interchanges on U.S. Hwy 169 were analyzed and recommendations
made for ODOT to use for their planning.
The recommendations, included in the Draft TMP, are tabulated and in Attachments D and E.
MASTER PLAN DOCUMENT:
The Draft Transportation Master Plan is available for viewing on the city's website at
www.citYofowasso com, In addition, a copy of the draft plan is available at the City of Owasso
Public Works facility.
ATTACHMENTS:
A. Study Area
B. Existing Functional Classification of Roads
C. Traffic Analysis Zones (TAZ)
D. Recommended Roadway Improvements
E. Recommended Intersection Improvements
Iz.
EVBT STN
i
J Ef =N
ti
W
7-7
7
Vrhe cNr w� owl L;
STUDYAREA
OWASSO TRANSPORTATION MASTER PLAN
E
ALLIANCE
nASsranuiu1 1.041
guernsey
I I
Y W 1
2
E1]6TN STN
E11RM 9TN
. _ - .•_ —_•. E10BTHbTN
_.._., _..a EYRNSTN
I
I
ESUHSTN
III
RIM""
I
I
ww
I
i
I
I
I
I
i
I
\1
�
+ EXISTING FUNCTIONAL CLASSIFICATION OF ROADS
OWASSO TRANSPORTATION MASTER PLAN
ALLIANCE
guernsey navvona uov 6101,
I
t/ f
___ .,, etNrtNSTN
EHEMSTN - —
Inman
• 1EffiT9{N
I
i
Inman 1 _
y _ 97VH TN _
�I
L
TRAFFIC ANALYSIS ZONES I
OWASSO TRANSPORTATION MASTER PLAN
OyA �A L L I A NC E
_- M. ^ ... °•^ ^r"'•" guemsey loll
76th Stre__ -_._ -_ et N,_,_ -__
76th Stream_
76th Street N _
76th Strom_
86th Street N
86th Street N
96th Street N
96th Street N
96th Street N
106th Street N
106th Street N
106th Street N
106th Street N
116th Street N
116th Street N
116th Street N
116th Street N
Mingo Road
Garnett Road
Garnett Road
129th EAvenue
129th E Avenue
145th E Avenue
145th E Avenue
145th E Avenue
From
US 169 Interchail
129th E Avenue
145th E Avenue
161 st E Avenue
___------------
145th E Avenue
161st E Avenue
Minno Road
135th
145th_ E Avenue
Garner_
129thue
US -169 Interchat
145th E Avenue
Memorial Road
Mingo Road
1106thStreet Road
Avenue
reet N
reet N
treet N
treet N
Street N
treet N
treet N
Street N
Table 5 -1: Recommended Roadway Improvements
TO
Description
Iw•
City of Owasso
129t h E Avenue
4 Lane
2015
2020
City of Owassoffulsa County
145th E Avenue
3 Lane
2025
Rogers County
161st E Avenue
3 Lane
2030
Rogers County
177th E Avenue
3 Lane
2020
City of Owasso/Rogers County
161 st E Avenue
4 Lane
2025
Rogers County
177th E Avenue
3 Lane
2025
City of OwassolTulsa County
Garnett Road
31-a e
2020
City of Owasso
145th E Avenue
4 Lane
2025
Rogers County
161st E Avenue
3 Lane
2020
City of Owasso/Tulsa County
129th E Avenue
4 Lane
2020
City of Owasso
US -169
4 Lane
2020
City of Owasso
145th E Avenue
4 Lane
2025
city of Owasso(Rogers County
161 st E Avenue
4 Lane
2030
Tulsa County
Mingo Road
4 L ane
City of Owasso/ Tulsa County
Garnett Road
4 -5 Lane
2025
City of Owasso/Tulsa County
129th E Avenue
5 Lane
2020
2025
City of Owasso
US -169 Interchange
5 Lane
2025
City of Owasso(fuisa County
96th Street N
3 Lane
City of Owasso(iulsa County
106th Street N
5 Lane
2025
City of Owasso/Tulsa County
116th Street N
5 Lane
2025
City of Owasso/ County
106th Street N
4 Lane
2025
City of Owasso[Tuisa County
116th Street N
3 Lane
2025
City of Owasso /Rogers Count
96th Street N
4 Lane
2025
City of Owasso /Rogers Count
106th Street N
3 Lane
2030
City of Owasso/Rogers Couni
3 Lane
2035
116th Street N
Table 5 -2: Recommended Intersection Improvements
Intersection
Description
Year
< Current Jurisdiction
76th Street N and Memorial Road
Signalize, Add Turn Lanes, 3 Lane
2025
Tulsa County
76th Street N and Mingo Road
Signalize, Add Turn Lane
2025
City of Owasso
76th Street N and Main Street
Add Turn Lanes, Add Protective - Permissive Signal
2025
City of Owasso
76th Street N and US -169 Interchange
Add Additional Lanes and Turn Lanes
2020
ODOT /City of Owasso
76th Street N and 129th E Avenue
Extend Turn Lane Widening
2020
Tulsa County
76th Street N and 145th E Avenue
3 Lane
2020
City of Owasso /Rogers County/Tulsa County
76th Street N and 161st E Avenue
3 Lane
2025
Rogers County
76th Street N and 177th E Avenue
3 Lane
2030
Rogers County
86th Street N and Memorial Road
Add Turn Lanes
2020
Tulsa County
86th Street N and US -169 Interchange
Realign, Add Additional Lanes and Turn Lanes
2020
ODOT /City of Owasso
86th Street N and 145th E Avenue
Transition Intersection from 5 Lane to 4 Lane
2025
City of Owasso
86th Street N and 161st EAvenue
4 Lane, 3 Lane
2020
Rogers County
86th Street N and 177th E Avenue
3 Lane
2025
Rogers County
96th Street N and Mingo Road
3 Lane
2025
City of Owasso/Tulsa County
96th Street N and Garnett Road
Timing
2020
City of Owasso
96th Street N and US -169 Interchange
Add Lanes and Turn Lanes
2020
ODOT /City of Owasso
96th Street N and 145th E Avenue
4 Lane, 3 Lane
2020
City of Owasso /Rogers County
106th Street N and 129th E Avenue
4 Lane, 5 Lane
2020
City of Owasso/Tulsa County
106th Street N and US 169 Interchange
Realign, Add Lanes and Turn Lanes
2025
ODOT /City of Owasso
106th Street N and 145th E Avenue
5 Lane, 3 Lane
2020
City of Owasso /Rogers County
106th Street N and 161st E Avenue
4 Lane, 3 Lane
2025
City of Owasso/Tulsa County
116th Street N and Memorial Road
5 Lane, 3 Lane
2025
Tulsa County
116th Street N and Mingo Road
5 Lane, 3 Lane
2025
City of Owasso/Tulsa County
116th Street N and Garnett Road
5 Lane
2025
City of Owasso/Tulsa County
116th Street N and 129th E Avenue
5 Lane, 3 Lane
2020
City of Owasso/Tulsa County
116th Street N and US 169 Interchange
Add Turn Lanes
2025
ODOT /City of Owasso
116th Street N and 145th E Avenue
3 Lane
2035
City of Owasso /Rogers County/Tulsa County
116th & East of 145th E Avenue
Signalize
2020
Rogers County
126th Street N and US -169 Interchange
Add Lanes
2030
ODOT /City of Owasso/Tulsa County
Garnett Road and Smith Farm Market
Add Turn Lane
2025
City of Owasso
T Wit out Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Christopher A. Garrett
Fire Chief
SUBJECT: Vehicle Purchase
DATE: July 2, 2015
BACKGROUND:
The fire department administrators routinely inspect and evaluate the motor vehicle fleet to
determine the safety, reliability and operational capabilities of the vehicles assigned to the
department. These evaluations of the motor fleet are used as the basis for the fleet
replacement program, which, in turn, is used for planning and budgeting.
Based upon the evaluation, staff has determined that the 2005 Ford Expedition support vehicle
should be replaced. This determination was based on the current condition of the vehicle,
mileage, reliability, limited operational capability and increasing maintenance costs. The
vehicle is 10 years old and has over 100,000 miles.
In 2005, the Ford Expedition was purchased to serve as the Fire Chief's vehicle for the
department. In 2012, a new Chevrolet Tahoe was purchased for use by the Fire Chief and the
2005 Ford Expedition was reassigned to a support role within the fire department, where it
continues to serve in that capacity. As a support vehicle, the 2005 Expedition is utilized by staff
to attend local training courses, routine administrative duties for multiple staff personnel, as a
reserve vehicle when front line staff vehicles are out of service for maintenance, travel between
facilities, transporting cargo and supplies, and other routine duties as necessary for the
operation of the fire department.
PROPOSED ACTION
To ensure the fire department has the ability to respond to various types of tasks and emergency
incidents in an expeditious manner, reliable, multi - functional, operationally capable vehicles are
necessary. Fire department administrators are proposing the purchase of an SUV type vehicle,
with four -wheel drive capability. This type of vehicle will meet the needs of the fire department's
current operations.
Staff proposes the purchase of a new Chevrolet Tahoe utilizing the State of Oklahoma
competitive bid contract for the current year. The new vehicle will be assigned to the Deputy
Fire Chief, and the 2008 Chevrolet Tahoe currently assigned to the Deputy Fire Chief will be
rotated within the fire department fleet to replace the 2005 Ford Expedition in its current role as a
support vehicle. Once replaced, the 2005 Expedition will be transferred to another city
department for their use, or deemed a surplus asset if no other city department has a need. The
rotation of vehicles within the fire department and then to other city departments maximizes the
life span of the vehicles, and has been our practice for several years.
STATE BID:
The State of Oklahoma bid award for an SUV emergency response type vehicle was awarded to
Vance Chevrolet of Perry, Oklahoma. Staff received a formal State Bid price quote of
$32,933.25 from Vance Chevrolet for a 2015 Chevrolet Tahoe, PPV model code CC1570 (this
particular vehicle is adequately equipped to perform functionally and operationally in various
emergency and non - emergency situations).
FUNDING:
The FY2016 Fire Department Budget includes $55,000 to replace the 2005 Ford Expedition with c
new SUV. This figure includes the equipment required for the vehicle's fire department functions.
RECOMMENDATION:
Staff recommends City Council approval for the purchase and payment of a 2015 Chevrolet
Tahoe from Vance Chevrolet of Perry, Oklahoma in the amount of $32,933.25.
O—T City wit ouf Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Michele Dempster
Human Resources Director
SUBJECT: International Association of Firefighters (IAFF)
Fiscal Year 2015 -2016 Contract
DATE: July 2, 2015
BACKGROUND:
Negotiations with the Owasso International Association of Firefighters (IAFF) have concluded with a
tentative agreement between both parties. The IAFF members should be commended for their
commitment to work with City administration to reach an agreement that was agreeable to both the
Firefighters and the City. The tentative agreement was ratified by the IAFF membership on Tuesday,
June 23, 2015, and includes a 3.5% across the board increase as of July 1, 2015 and a 1% across the
board increase as of January 1, 2016.
In addition to the across - the -board increases the agreement provides for the following changes:
• Holiday pay for forty hour a week employees who are required to work a scheduled holiday.
• Minimum staffing for the disaster response unit and the department's snowplow.
• Procedures for notification for administrative overtime, for departmental projects and
committees.
• Second ordering period for uniforms, while keeping the allowable uniform allowance
unchanged.
• Adjustment in Shift Commander start time from 8:00 a.m. to 7:00 a.m.
• Increase in education pay for a Masters' degree in Fire Service, Nursing, or EMS from 49 to 69
cents per hour.
The proposed contract provides for a continuation of existing contract language on all other issues.
The increase in compensation costs for fiscal year 2015 -16 is $190,000.
RECOMMENDATION:
Staff recommends approval of the 2015 -16 contract between the City of Owasso and the International
Association of Firefighters (IAFF) Local #2789 and authorization for the Mayor to execute the contract.
ATTACHMENT:
Recommended IAFF Contract with Strikeouts
AGREEMENT BETWEEN
THE CITY OF OWASSO, OKLAHOMA
A MUNICIPAL CORPORATION
aUI /,
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
LOCAL NO. 2789
July 1, 2014 -2015 —June 30, 201-5 -2016
TABLE OF CONTENTS
ARTICLE 1 PURPOSE OF AGREEMENT ........................
ARTICLE2
RECOGNITION ........................................................................ ..............................2
ARTICLE 3
MUTUAL RESPONSIBILITY TO AVOID DISCRIMINATION ..........................3
ARTICLE4
GENDER CLAUSE ................................................................... ..............................4
ARTICLE 5
AUTHORITY AND TERM ....................................................... ..............................5
ARTICLE 6
MANAGEMENT RIGHTS AND RESPONSIBILITIES .......... ..............................6
ARTICLE 7
PREVAILING RIGHTS ............................................................ ..............................7
ARTICLE 8
PROHIBITION OF STRIKES ................................................... ..............................8
ARTICLE 9
BARGAINING UNIT RIGHTS AND SECURITY ................... ..............................9
ARTICLE 10
PERSONNEL FILES ................................................................ .............................10
ARTICLE 11
REGULAR AND SPECIAL MEETINGS ................................ .............................12
ARTICLE 12
ORGANIZED MEAL PROGRAM .......................................... .............................13
ARTICLE13
SENIORITY .............................................................................. .............................14
ARTICLE 14
HOURS AND TIME EXCHANGE .......................................... .............................16
ARTICLE 15
PERSONNEL REDUCTION ................................................... .............................17
ARTICLE16
STAFFING ................................................................................ .............................18
ARTICLE 17
SAFETY AND HEALTH COMMITTEE ................................ .............................19
ARTICLE 18
GRIEVANCE PROCEDURES ................................................ .............................20
ARTICLE 19
DUES CHECK - OFF ................................................................. .............................23
ARTICLE 20
COMPENSATION ................................................................... .............................24
ARTICLE21
OVERTIME .............................................................................. .............................27
ARTICLE 22
VACATIONS AND HOLIDAYS ............................................. .............................28
ARTICLE23
SICK LEAVE ........................................................................... .............................29
ARTICLE 24
COURT AND JURY LEAVE .................................................. .............................31
ARTICLE25
UNIFORMS .............................................................................. .............................32
ARTICLE26
INSURANCE ............................................................................ .............................34
ARTICLE 27
TUITION REIMBURSEMENT ............................................... .............................35
ARTICLE 28
SUCCESSORS AND ASSIGNS .............................................. .............................36
ARTICLE 29
SAVINGS CLAUSE ................................................................. .............................37
ARTICLE 30
WORKING OUT OF CLASS ................................................... .............................38
ARTICLE31
LONGEVITY ............................................................................ .............................39
ARTICLE 32
RETIREMENT AND PENSION .............................................. .............................40
ARTICLE 33
PHYSICAL FITNESS PROGRAM .......................................... .............................41
ARTICLE 34
DRUG & ALCOHOL TESTING .............................................. .............................42
SIGNATURE
PAGE
APPENDIX A, APPENDIX B, APPENDIX C, APPENDIX D. APPENDIX E
ARTICLE 1
PURPOSE OF AGREEMENT
It is the intent and purpose of this Agreement, entered into by and between the CITY OF
OWASSO, OKLAHOMA, hereinafter referred to as EMPLOYER and LOCAL NO. 2789,
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS AFL /CIO /CLC, hereinafter referred
to as UNION, Employees, Members of the Bargaining Unit to achieve and maintain harmonious
relations between the parties hereto and to provide for the equitable and orderly adjustment of
grievances which may arise during the terms of this Agreement.
City of Owasso Date 1 IAFF Local #2789 Date
ARTICLE 2
RECOGNITION
The Employer recognizes the Union as the exclusive bargaining agent for all employees
of the Fire Department, except the Chief, one designated Administrative Assistant, civilian
employees, and probationary employees.
City of Owasso Date IAFF Local #2789 Date
ARTICLE 3
MUTUAL RESPONSIBILITY TO AVOID DISCRIMINATION
Section 1. Nothing in this Agreement shall be interpreted as diminishing the
obligation of both parties to undertake affirmative action to insure that applicants or employees
are treated without regard to race, color, religion, sex, national origin, status of Union
membership, or political affiliations. Specifically, pursuant to Equal Employment Opportunity
Commission Guidelines, each party is obligated to take positive action in affording equal
employment, training and promotional opportunities to all members, as required by Title VII of
the Civil Rights Act of 1964, as amended. Additionally, nothing in this Agreement shall be
interpreted as diminishing the obligation of both parties to comply with the provisions of the Fair
Labor Standards Act, or any duly adopted Department of Labor Regulations promulgated
thereunder.
Section 2. In the event that any portion of this Agreement unintentionally
conflicts with the Employer's capability to be in compliance with said Acts, the EEOC
Guidelines and Department of Labor Regulations will be overriding to that portion of this
agreement.
City of Owasso Date IAFF Local #2789 Date
ARTICLE 4
GENDER CLAUSE
"Gender ". A word importing one gender only shall extend and be applied to
both genders.
City of Owasso Date IAFF Local #12789 Date
ARTICLE 5
AUTHORITY AND TERM
Section 1. The Employer and the Union have, by these present, reduced to writing the
collective bargaining Agreement resulting from negotiations entered into by the Employer and
the Union.
Section 2. This Agreement shall become effective on the first day of July, 28#3 2015
and shall remain in full force and effect until midnight, June 30, 2044 2016. The Eniplayer -and
the Unien agree that an er befefe Aine 30, 2014, eaeh shall Fatify all artieles ef-th�
b
Section 3. Whenever wages, rates of pay, or any other matters requiring appropriation of
monies by the Employer are included as a matter of collective bargaining, it shall be the
obligation of the Union to serve written notice thereof one hundred twenty (120) days prior to
June 23rd of each year, the last day on which monies can be appropriated by the Employer to
cover the Agreement period which is the subject of the collective bargaining procedure.
Section 4. It shall be the obligation of the Employer and the Union to meet at a
reasonable time and confer in good faith with representatives of the Union and Employer ten (10)
days after receipt of written notice from the Union or Employer requesting a meeting for
purposes of collective bargaining.
Section 5. In the event the Union and the Employer are unable, within thirty (30) days
from and including the date of the first meeting to reach an agreement, any and all unresolved
arbitrable issues may be submitted to arbitration at the request of either party.
City of Owasso Date IAFF Local #2789 Date
ARTICLE 6
MANAGEMENT RIGHTS AND RESPONSIBILITIES
Section 1. Union recognizes the prerogative of Employer to operate and manage its
affairs in all respects and in accordance with its responsibilities, and the powers or authority
which the Employer has not officially abridged, delegated, granted or modified by this
Agreement are retained by the Employer, and all rights, powers and authority the Employer had
prior to the signing of this Agreement are retained by the Employer, and remain exclusively
without limitation within the rights of the Employer.
Section 2. Except as may be limited herein, the Employer retains the right in
accordance with the Constitution, the laws of the State of Oklahoma, and the Charter of the
municipality and the responsibilities and duties contained in the laws of the State of Oklahoma
and the ordinances and regulations promulgated thereunder:
A. To determine Fire Department policy, including the rights to manage the affairs of
the Fire Department in all respects, except as stated above;
S. To assign working hours, including overtime;
C. To direct the members of the Fire Department, including the right to hire, terminate,
suspend, discipline, promote or transfer any Firefighter;
D. To determine the table of organization of the Fire Department, including the right to
organize and reorganize the Fire Department and the determination of job
classifications and ranks based upon duties assigned;
E. To determine the safety, health and property protection measures for the Fire
Department;
F. To allocate and assign work to Fire Fighters within the Fire Department;
G. To be the sole judge of the qualifications of applicants and training of new
employees;
H. To schedule the operations and to determine the number and duration of hours of
assigned duty per week;
I. To establish and enforce Fire Department rules, regulations and orders;
ARTICLE 6
MANAGEMENT RIGHTS AND RESPONSIBILITIES
(Continued)
J. To introduce new, improved or different methods and techniques of operation of
the Fire Department or change existing methods and techniques;
K. To determine the amount of supervision necessary;
L. To control the departmental budget; and
M. To take whatever actions may be necessary to carry out the mission of the employer
in situations of emergency.
City of Owasso Date IAFF Local #2789 Date
ARTICLE 7
PREVAILING RIGHTS
Section 1. All rules, regulations, fiscal procedures, working conditions, departmental
practices and manner of conducting the operation and administration of the Owasso Fire
Department currently in effect for and with respect to the members of the Fire Department on the
effective date of this Agreement, which are not included in this Agreement, shall remain in full
force and effect, unchanged and unaffected in any manner, unless and except as modified or
changed by the specific terms of this Agreement.
City of Owasso Date IAFF Local #2789 Date
ARTICLE 8
PROHIBITION OF STRIKES
Section 1. During the term of this Agreement, the Union agrees to a prohibition of
any job action, i.e. strikes, work slowdowns, mass absenteeism, or being a party to such
activities. The Union shall not be in breach of Agreement where the acts and actions enumerated
above are not caused or authorized by the Union.
Section 2. Upon notification confirmed in writing by the Employer to the Union that
certain of its members are engaged in ajob action, the Union shall immediately, in writing, order
such member to cease the job action and return to work at once and provide the Employer with a
copy of such an order. Additionally, a responsible officer of the Union shall publicly order all
employees participating in ajob action to cease such action.
Section 3. Nothing contained in this Article shall be construed to limit, impair, or
affect the right of the Union or any other member of the bargaining unit to the expression or
communication of a view, grievance or complaint or opinion or any matter related to conditions
or compensation of employment or their betterment so long as the same does not interfere with
the full, faithful and proper performance of duties of employment.
City of Owasso Date IAFF Local #2789 Date
ARTICLE 9
BARGAINING UNIT RIGHTS AND SECURITY
Section 1. Bulletin Boards. The Employer shall provide space in all fire stations for
Union bulletin boards. Materials posted on bulletin boards shall be limited to Union business,
notice of meetings, seminars, workshops, legislative reports, safety bulletins, etc. No materials
of a subversive or derogatory nature or political endorsements shall be posted.
Section 2. Time Off for Union Business. After written notice to Fire Chief or
Designated Administrative Assistant, Union representatives may be granted time off without loss
of pay to conduct bona fide Union business, provided however, that time off will not impede the
proper operations of the Fire Department and adequate manpower is available, as determined by
the Fire Chief or his designated Administrative Assistant.
City of Owasso Date IAFF Local 42789 Date
10
ARTICLE 10
PERSONNEL FILES
Section 1. It is agreed that with all materials concerning investigation, complaints,
reprimands, counseling sessions for violations of any rules, regulations or policies, that might be
considered detrimental to the employee's position advancement or future with the Department,
that are to be placed in the employee's personnel file, that the Employer shall notify said
employee of such action and the employee shall be given the proper opportunity to appeal such
action before it becomes a part of his personnel file.
Section 2. A Fire Fighter shall be allowed to review his personnel file under
supervision at any reasonable time upon written request to the Fire Chief.
Section 3. Recognizing that disciplinary actions provide a basis for training and
counseling and are not meant to perpetually penalize an employee, the following procedure is
hereby established:
Procedure
A. Employees may request that disciplinary actions be sealed according to the following
schedule:
1. Written reprimands and notice of oral reprimands with no recurrence after one (1)
year may be sealed.
2. Suspensions three (3) days or less than three (3) days, without recurrence, after
two (2) years.
3. Suspension more than three (3) days, without recurrence, after two (2) years.
4. Disciplinary probation after two (2) years from the termination of such probation
if no other disciplinary action has occurred during that period.
B. Written Requests for sealing of disciplinary actions should be directed to the office of the
Fire Chief.
C. The Human Resources Department shall be notified in all cases where sealing of
disciplinary action is taken, and City Personnel file copies will be sealed or destroyed
accordingly.
D. The sealed action shall not be held to discriminate against the employee in any
subsequent disciplinary action, or in the event of impending promotion, merit step raise,
transfer, special requests, modification of duty, vacation selection, application for other
employment, or against any other action the employee may take for his personal
improvement or betterment.
ARTICLE 10
PERSONNEL FILES
(Continued)
E. Once sealed, the file shall not be opened unless the employee request such unsealing;
however, the employee may review investigative reports pertaining to the actions; or at
the discretion of the Fire Chief who may deem it necessary to the employee's welfare
to do so; but, in any case, the employee is to be notified of the opening of the sealed file
and the reason therefore.
F. Upon request, all unfounded, exonerated, not sustained, and no finding complaints will be
immediately removed from the employees personnel file. Such complaints shall be
sealed and accessed by the City Attorney for pending litigation or for review of similar
complaints which may occur within one (1) year of the original complaint. Such
unfounded, exonerated, not sustained, and no finding complaints will be destroyed after
five (5) years from date of occurrence.
Section 4. All letters of appreciation and /or commendation received by the
department regarding an employee(s) will be given to the appropriate employee(s) within five (5)
business days.
City of Owasso Date IAFF Local #2789 Date
12
ARTICLE 11
REGULAR AND SPECIAL MEETINGS
Section 1. The Union will be permitted to hold regular and special meetings on the
Employer's premises with the understanding that permission, time and location of such meetings
must be approved by the Fire Chief or his designated Administrative Assistant prior to said
meetings.
Section 2. It is understood that the Union and the Employer will cooperate in this
Agreement and excessive requests will not be made by the Union. Permission to hold meetings
shall not be unreasonably denied by the Employer so long as meetings do not impede or interfere
with the normal operations of the Fire Department.
City of Owasso Date IAFF Local #2789 Date
13
ARTICLE 12
ORGANIZED MEAL PROGRAM
Section 1. Union members will be required to participate in an organized meal
program while on duty. However, if any employee is on a special diet, he /she will not be
required to participate for the time period he /she is on a special diet. The amount to be
contributed for meals will be determined by and contributed by the members of each duty station
on each shift. However, the amount shall not be less than Five Dollars ($5.00) per shift per
member. This article is not subject to the grievance procedures of this Agreement. Further it is
agreed that this section of the Agreement will be enforced solely by the bargaining unit.
City of Owasso Date IAFF Local #2789 Date
14
ARTICLE 13
Section 1. Seniority shall mean the status attained by length of continuous service in
the Fire Department.
Section 2. Where two or more employees have the same employment date, seniority
shall be determined by a hiring list established subsequent to the completion of the hiring
process. When two or more employees will be given the same start date, the Union shall be
provided a copy of the established hiring list prior to the start date.
Section 3. Seniority will be a factor to be considered by the Fire Department in
determining the priority of each member to:
A. Time when compensatory, vacation and holiday time off is granted;
B. Shift assignment; and
C. Anytime overtime is required, whether scheduled or non - scheduled, the first
choice of replacement shall go to another employee meeting the following criteria:
1. has the same duty qualifications;
2. among those with the same duty qualifications, has the most seniority; and
3. provides compliance with minimum manning criteria of the department.
Section 4. Seniority shall be lost upon the occurrence of any of the following:
A. Discharge, if not reversed;
B. Resignation;
C. Un- excused failure to return to work upon the expiration of a formal leave of
absence provided no reasonable excuse is found; and
D. Retirement.
Section 5. Promotion shall be subject to evaluation and examination of job
performance and ability. Seniority will be considered, but will not be the determining factor.
Any bargaining unit member serving in an acting capacity for six (6) or more consecutive months
may be promoted to the vacant position without being subject to a testing procedure, as long as
that employee meets the minimum qualifications for the position. Should a member of the
bargaining unit serve in an acting capacity for six (6) or more consecutive months and not meet
the minimum qualifications, due to budgetary constraints and /or training availability only, such
member may be promoted to the vacant position without being subject to a testing procedure;
provided, the member of the bargaining unit satisfies the minimum requirements for the position
within twelve calendar months from the date of appointment Otherwise the member shall be
demoted to the previous position occupied by the member.
15
ARTICLE 13
SENIORITY
(Continued)
Section 6. Employees demoted as a result of administrative decisions and not based
on discipline, shall be given first consideration should the position reopen and such position
offered, providing however, no unusual discipline problems have occurred between the demotion
and subsequent position opening.
City of Owasso Date IAFF Local #2789 Date
16
ARTICLE 14
HOURS AND TIME EXCHANGE
Section 1. There is hereby established a series of fourteen -day work periods. Shift
schedule shall be on duty twenty -four (24) hours and off duty forty -eight (48) hours.
Section 2. Time of shift change will be 0800 hours. Shift Commander shift change
will be at 0700 hours.
Section 3. Employees may have the privilege to exchange duty time, subsequent to
approval by the Battalion Chief or Acting Shift Commander. The replacement employee must be
of at least equal duty qualification of the employee being excused from duty.
City of Owasso Date IAFF Local 442789 Date
17
ARTICLE 15
PERSONNEL REDUCTION
Section 1. In the case of personnel reduction, the Employee with the least seniority
shall be laid off first. In determining seniority for the purpose of personnel reduction, only time
as a full -time paid Employee in the Owasso Fire Department shall be counted.
Section 2. No new employee shall be hired until all employees laid -off during the past
24 -month period have been notified of any position vacancy within the Fire Department. Such
notification will take place via registered mail Return Receipt Requested. Correspondence shall
be sent to the last known address of the employee who requires notification.
It will then be the duty of the employee to notify Human Resources of his intention to
pursue the available position. Such response shall be received within 30 days of receipt of
registered mail notification. The employee's failure to respond within the 30 -day period shall be
considered an acknowledgment that the employee does not intend to reinstate his employment
with the Owasso Fire Department.
City of Owasso Date IAFF Local #2789 Date
lip
ARTICLE 16
STAFFING
Section 1. The purpose of this Article is to provide a consistent practice of staffing
the fire stations and fire apparatus each shift day, during both emergent and non - emergent
operations, providing the necessary staffing measures to ensure safety.
A. Each fire station will be staffed with no less than three (3) personnel each day.
B. The Battalion Chief or Acting Shift Commander shall not count towards the
staffing minimum of three (3) per station.
C. The Battalion Chief or Acting Shift Commander shall not be dedicated to any
suppression apparatus or medic.
D. Staffing of each station shall consist of, but not be limited to a Captain or Acting
Company Officer, Driver or Acting Driver, and a Firefighter.
E. Staffing on each fire apparatus will be no less than two (2) personnel. This shall
pertain to all fire engines, ambulances, ladder trucks, tankers, end wildland vehicles, and
Disaster Response Unit (DRU).
F. The only exception to Section 1 -E of this Article is routine travel to the City
Garage, or returning to a fire station following an emergency incident response, or station to
station travel. All apparatus with one employee are considered out of service for an emergency
response.
New G. Staffing on snowplow will be no less than two (2) personnel when
responding as an emergency response vehicle; including when responding in support of
another emergency response vehicle during emergency operations The two (2) personnel
minimum shall not apply when the snowplow is being used durin non - emergency
operations, including (but not limited to) the moving /removing of snow from facilities and
roadways, and routine travel to the Citv Garage returning to a fire station following an
emergency incident response, or station to station travel
G.H. This Article does not pertain to administrative or command vehicles.
Section 2. The Union shall be notified of any opening of ajob position within the
Owasso Fire Department, and when and where advertisement of said position is being advertised,
according to Equal Employment Opportunity (EEOC) regulations.
City of Owasso Date IAFF Local #2789 Date
19
ARTICLE 17
SAFETY AND HEALTH COMMITTEE
Section I. The Employer and the Union agree to cooperate to the fullest extent in the
promotion of safety and health, on the Employer's premises and while carrying out the mission of
the Employer and the duties of the employees.
For this purpose, it is agreed to establish a Safety and Health Committee to consist of two
(2) members and one (1) chairperson appointed by the Union.
Section 2. The Safety and Health Committee will have the authority to conduct on-
site inspections of equipment, buildings, and other related areas to the occupational environment
of the Bargaining Unit. They shall also have the latitude to make studies of safety equipment and
practices and to conduct investigations into health hazards that may be appropriate to protect the
Employer's interest as it may relate to Worker's Compensation or other liability inherent to
occupational diseases and injury and to protect the employees right to a safe employment
environment. Members of the Committee may be excused from duty for the work of the
Committee, subject to the prior approval of the Fire Chief.
Section 3. The Union and the Employer agree to make every effort to correct safety
hazards or unsafe working conditions identified by the Safety Committee. It is understood that
recommendations of the Committee are not subject to the Grievance Procedure for the
Agreement.
Section 4. The Safety and Health Committee recommendations to correct safety
hazards and /or unsafe working conditions shall be discussed by the Chairperson of the
Committee, with the Chief or his designated representative. The answer shall be orally submitted
by the Chief or his designated Administrative Assistant within five (5) business days to the
Committee.
A. If the hazard or condition is not corrected by the provision of Section 4, it shall e
submitted in writing to the Chief or his designated Administrative Assistant.
ting to the Safety and Health B. The Fire Chief shall submit his answer in wri
Committee within five (5) business days. If the hazard or condition has not
been corrected within that time, it then shall be sent to the City Manager for
adjustment.
C. The City Manager shall submit his answer in writing to the Fire Chief and the
Committee in five (5) business days.
20
ARTICLE 17
SAFETY AND HEALTH COMMITTEE
(Continued)
Section 5. All "First Notice of Injury" and accident reports will be forwarded by the
worker's compensation coordinator to the Union Secretary within 72 hours of the incident.
City of Owasso Date IAFF Local #2789 Date
21
ARTICLE 18
GRIEVANCE PROCEDURES
Section 1. The Union or any employee covered under this Agreement may file a
grievance within ten (10) business days of the alleged occurrence, as hereinafter defined, and
shall be afforded the full protection of this Agreement.
Section 2. Union President, Vice- President, and Union. Grievance Committee, as
used hereinafter, shall be understood to mean those persons whose names have been previously
identified, in writing, to the Fire Chief or his designated Administrative Assistant. It is
understood and agreed that the names of such person or persons shall be submitted to the Fire
Chie£ or his designated Administrative Assistant, within fifteen (15) working days after such
person or persons are elected and /or appointed.
Section 3. Any controversy between the Employer and the Union or any employee
concerning the interpretation, enforcement or application of any provision of this Agreement,
concerning any of the terms or conditions of employment contained in this Agreement, shall be
adjusted in the following manner:
A. The grievance shall be discussed by the employee with the Chief or his designated
Administrative Assistant. Said employee and one of the following; Union
President, Vice - President or Grievance Committee Chairman, shall be present at
said discussion. The answer shall be submitted in writing by the Chief or his
designated Administrative Assistant, within five (5) business days to the
employee(s) involved and to the Union President.
B. If the grievance is not settled by the provision of Section 3A, it shall be submitted
in writing to the Union Grievance Committee. Within ten (10) business days from
the written answer rendered by the Chief, or his designated Administrative
Assistant, the Union Grievance Committee shall determine, in their sole discretion
and judgement, whether or not a grievance exists within the terms and conditions
of this Agreement.
I. If the Union Grievance Committee finds a grievance does exist, the
Committee shall submit, in writing, the grievance to the Fire Chief for
adjustment, within ten (10) business days of the Chiefs written answer.
2. If the Union Grievance Committee finds a grievance does not exist, no further
proceedings shall be necessary.
22
ARTICLE 18
GRIEVANCE PROCEDURES
(Continued)
C. The Fire Chief shall submit his answer in writing to the employee involved and to
the Union Grievance Committee within ten (10) business days. If the grievance has
not been settled within that time, it then shall, within ten (10) business days, be sent
to the City Manager for adjustment.
D. The City Manager shall submit his answer in writing to the Fire Chief, the
employee involved, and the Union Grievance Committee within ten (10) business
days. If the City Manager and the Union Grievance Committee have not settled the
grievance within that time, it may be submitted to arbitration. Grievances
submitted to arbitration for adjustment shall proceed as follows:
1. Within twenty (20) business days of the City Manager's answer, the parties
shall jointly request a panel of seven (7) arbitrators from the Federal
Mediation and Conciliation Service,
2. Within ten (10) business days from the receipt of such panel, a representative
of the Union and the City shall meet and alternately strike names until one (1)
arbitrator remains who shall be selected as the impartial arbitrator. The party
requesting arbitration shall strike the first name.
3. Upon notification to the Federal Mediation and Conciliation Service of the
selection of the arbitrator, and the arbitrator is contacted, the date for the
Arbitration Hearing shall be set within ten (10) business days from the date
the arbitrator is notified of his selection.
4. Within twenty (20) business days after the conclusion of the hearing, the
arbitrator shall issue a written opinion containing findings and recommenda-
tions with respect to the issues presented. A copy of the opinion shall be
mailed or delivered to the Union and the Employer.
5. With respect to the interpretation, enforcement or application of the
provisions of this Agreement, the decision, findings and recommendations of
the arbitrator shall be final and binding on the parties to this Agreement.
23
ARTICLE 18
GRIEVANCE PROCEDURES
(Continued)
6. The arbitrator's authority shall be limited to the interpretation and application
of the terms of this Agreement and /or any supplement thereof. The arbitrator
shall have no jurisdiction to establish provisions of a new agreement or
variation of a new agreement or variation of the present Agreement or to
arbitrate away, in whole or in part, any provisions or amendments thereof.
This shall not preclude individual wage grievances.
7. The cost of the impartial arbitrator shall be shared equally between the Union
and the Employer. If a transcript of the proceedings is requested, then the
party so requesting shall pay for it.
Section 4. All time limits set forth in this Article may be extended by mutual
consent, but if not so extended, they must be strictly observed. If a party fails to pursue any
grievance within the time limits provided, he shall have no further right to continue the
grievance.
Section S. It is specifically and expressly understood that filing a grievance under
this Article which has as its last step final and binding arbitration, constitutes an election of
remedies and a waiver of any and all rights by both parties, the Union or other representatives of
the party, to litigate or otherwise contest the last answer rendered through the Grievance
Procedure, in any court of other appeal forum.
City of Owasso Date IAFF Local #2789 Date
FM
ARTICLE 19
DUES CHECK -OFF
Section 1. The Employer agrees to deduct regular semi - monthly Union dues, Station
Fund dues and regular semi - monthly FIREPAC contributions from earned wages of those
employees who are in the bargaining unit. The deductions shall be made from each semi-
monthly paycheck in an amount certified to be correct by the Secretary- Treasurer of the Local
Union. All members of the Bargaining Unit desiring payroll deduction of Union dues and /or
FIREPAC contributions shall individually sign an authorization card provided by the Union and
approved by the Employer, authorizing the stated semi - monthly dues deduction and /or FIREPAC
contributions to be made. Except for employees hired within the contract year, authorizations for
FIREPAC contributions and Station Fund dues must be provided to the Employer within thirty
days of the effective date of the contract to be effective for the contract year. Payroll deductions
shall be revocable by the employee notifying the Employer in writing. The Union shall be
notified of any revocation.
Section 2. The Employer will deduct only Union dues, FIREPAC contributions and
Station Fund dues from the employee's paycheck and will not deduct initiation fees, special
assessments, fines or any other deductions. In the event of an increase or decrease in Union dues,
the Union will give the Employer thirty (30) days notice in order to allow the Employer to make
the proper changes in its accounting records. No deductions will be made when the salary to be
paid an employee is not sufficient to cover the amount deducted.
Section 3. On the same day as payroll is issued, a deposit for the total deductions
shall be made into the financial institutions selected by the Union. It shall be the responsibility
of the Union to provide the Employer with deposit slips. The deposit receipt shall be sent to the
Union Secretary along with a detailed report showing individual employee's name and deduction
amount at the time of deposit.
Section 4. All deductions will be for the month in which they are taken. All
deductions refundable at the time of termination or resignation will be refunded by the Union.
The Employer shall not be responsible for errors. In the case of any error or improper deduction
being made by the Employer, a proper adjustment of the same shall be made by the Union with
the employee affected.
25
ARTICLE 19
DUES CHECK -OFF
(Continued)
Section 5. The Union shall indemnify, defend and hold the Employer harmless
against any claims made and against any suits instituted against the Employer on account of
payroll deduction of Union dues or deposit of Union dues.
Section 6. This service will be provided at no expense to the Union or its members.
City of Owasso Date IAFF Local 62789 Date
26
ARTICLE 20
COMPENSATION
Section 1. For the purpose of this Labor Agreement, each employee of the bargaining
unit shall receive compensation based on the range and step plan located in Appendix A, "Pay
Plan A" on July 1, 241-3 2015 according to the employee's range and step as of June 30, 281-3
2015 with adjustments in steps on anniversary dates.)
Effective January 1, 2016 each employee of the bargaining unit shall receive
compensation based on Appendix A "Pay Plan B" based on each employees range and
step as of January 1, 2016.
Effective June 30, 2016 members of the bargaining unit classified in the Captain
and /or Battalion Chief /Fire Marshall/EMS Manager ranee shall be placed in the range
and step plan located in Appendix A "Pay Plan C" based on their current rate of pay. Le.
Pay Plan B Captain Step 11 $23.84 equates to Pay Plan C Captain Step 9 $23.84.
The rates contained in the Appendix A range and step plan does not include
compensation which may be added to the base rate as provided in Article 20, Section 5; Article
20, Section 6; and Article 31.
Section 2. Employees working an eighty (80) hour pay period shall have their pay
calculated by the following formula: base (rate from range and step plan PLUS added pay as
provided in Article 20, Section 5; Article 20, Section 6; and Article 31) multiplied by 3054,then
divided by 2080.
Section 3. New employees shall be compensated at the Entry Level /Probationary rate
in Appendix A according to the employee's level of EMT certification, except when the new
employee is currently employed with another municipal Fire Department and possesses an
International Fire Service Accreditation Congress Firefighter I certificate and has previous
Advanced Life Support experience. A Firefighter /Medic meeting this criteria may be eligible for
lateral entry. The Fire Chief shall conduct a review of the individual's qualifications and
experience and determine the appropriate entry -level rate within the range corresponding with the
employee's level of EMT certification. New hires shall not be brought in higher than Step 5.
New hire placement at a step other than entry level will not affect seniority or seniority based
considerations. Upon successful completion of the twelve -month probation period, the employee
shall advance to the next step in the Step Plan in Appendix A.
Section 4. Upon promotion employees shall receive a promotional increase to the
corresponding range and step that represents at least an increase of 5% for each increase in rank,
unless such step is not available. In cases of an employee obtaining a Paramedic license, the
employee will advance to the same pay step in the Paramedic range of the Pay Plan, according to
Appendix A. Any employee already placed in the Driver/Paramedic range at the time of
obtaining Paramedic licensing will advance one step, unless a higher step is not available. Such
27
step increase shall be effective upon providing documentation of successfully obtaining
Paramedic licensure.
Section 5. In addition to their base compensation, Employees who are awarded a
degree from an accredited college or university are eligible for Education Incentive pay.
Employees holding multiple degrees shall receive the compensation identified for the
highest single degree for which the employee qualifies. Education Incentive pay is added to, and
included in the employee's base rate of pay.
A transcript must accompany each request for initial payment and each request for increasing that
payment.
Section 6. Employees of the bargaining unit who obtain and maintain Emergency
Medical Technician Natienal Certification as prescribed by Oklahoma State Statutes shall receive
the following hourly rates added to and included in the Employee's base rate of pay.
z•r��V2
,,�ivi�
Degree in field of Fire Protection
Degree not in the field of Fire
Chiefs/Fire Marshal/
Technology, Nursing or EMS
Protection Technology, Nursing, or
EMS Manager
EMS
Associates Degree
thirty -nine cents per hour ($0.39)
twenty cents per hour ($0.20)
Bachelor's Degree
fifty -nine cents per hour ($0.59)
thirty-nine cents per hour ($0.39)
Master's Degree
feFty nine eefits- w ••_ icn nn
forty -three cents per
sixty -nine cents per hour ($0.69) forty -nine cents per hour (SO 49)
twenty cents per hour
A transcript must accompany each request for initial payment and each request for increasing that
payment.
Section 6. Employees of the bargaining unit who obtain and maintain Emergency
Medical Technician Natienal Certification as prescribed by Oklahoma State Statutes shall receive
the following hourly rates added to and included in the Employee's base rate of pay.
z•r��V2
,,�ivi�
Firefighter /Driver
Captain
Chiefs/Fire Marshal/
iffi;....._�R,_T
EMS Manager
EMT -Basic
fifty -three cents per
thirty-nine cents per
twenty cents per hour
Certification
hour ($0.53)
hour ($0.39)
($0.20)
Intermediate
forty -three cents per
thirty-nine cents per
twenty cents per hour
Certification
hour ($0.43)
hour ($0.39)
($0.20)
Paramedic
seventy five cents per
seventy five cents per
seventy five cents per
Certification
hour ($0.75)
hour ($0.75)
hour ($0.75)
Employees of the bargaining unit assigned the additional duty of Meehanie Fleet
lJ
Manaeer— eF€M-S- Ma+iager• shall have the herein designated compensation added to and
included in their base rate of pay. Assigned additional duties may require assessment center
testing to determine qualifications prior to the actual assignment by the Fire Chief.
"Meehan e" "Fleet Manager" — Eighty -three cents per hour ($0.83/hr)
Bargaining unit members, at or above the rank/grade of Captain, who obtain IFSAC,
Proboard or other Instructor I1 certification, shall receive thirty -nine cents ($039) added to and
included in such members base hourly rate. In order to be eligible for the thirty -nine cents
($0.39) certification programs must be approved in advance by the Fire Chief.
Bargaining unit members who obtain and maintain Hazardous Materials Technician
certification, shall receive twenty -nine cents ($0.29) added to and included in such members base
rate of pay. In order to be eligible for the twenty-nine cents ($0.29) the certification program
must be approved in advance by the Fire Chief.
Section 7. In addition to the employee's regular rate of pay, an employee engaged in
fire protection activities shall receive an overtime premium of one and one -half (1 1/2) of his
regular hourly rate or, at employee's election subject to the limitations hereinafter set forth, one
and one -half (1 1/2) hour of compensatory time for each compensable hour of work in excess of
one hundred six (106) hours in the stated fourteen (14) day work period.
Section 8. Accumulation of compensatory time shall be limited in accordance with
the Personnel Policy and Procedure Manual of the City of Owasso, Oklahoma. As pertains to
compensatory time, it is agreed that the employee shall have the right to select when to take such
compensatory time off; provided, the taking of such time off will not adversely impact upon
departmental operations, as determined by the Fire Chief or his designated Administrative
Assistant.
Section 9. The term "compensable hours of work" shall be defined as set forth in
Section 553.14 of the Department of Labor Regulations covering employees of public agencies.
It is specifically understood that any leave taken by the employee during the aforestated
fourteen (14) day work period shall, whether compensated or not, reduce said employee's hourly
accumulation for purposes of determining overtime in accordance with the Fair Labor Standards
Act. Provided however, for computation of employee work hours all compensable leave except
sick leave shall be considered as hours actually worked.
City of Owasso Date IAFF Local #2789 Date
29
ARTICLE 21
OVERTIME
Section 1. As a condition of employment, employees may be required to work
overtime because of increased workload, sickness, and absences of other employees or
emergencies. All leave except sick leave shall be considered as actual hours worked for the
purpose of overtime compensation. For purpose of computation of overtime compensation, the
employee's regular rate of pay shall be deemed to be that as defined by the Department of Labor
Fair Labor Standards Act.
Section 2. Unscheduled Overtime —When an employee is not given at least forty -
eight (48) hours of notification a minimum of three (3) hours at one and one -half (1 1/2) times
the regular rate shall be paid to any member of the bargaining unit who is called back after his
normal tour of duty.
Section 3. Scheduled Overtime —When an employee is given at least forty -eight (48)
hours of notification the employee shall be paid overtime pay for actual hours worked at one and
one half (I %2) times the regular rate of pay. Time worked thirty (30) minutes prior to or thirty
(30) minutes following a scheduled shift would be considered scheduled overtime.
Section 4. Emergency Overtime — Overtime needed to combat a catastrophic
emergency situation, such defined herein as being any unexpected disastrous occurrence
requiring response by the Owasso Fire Department in excess of the manpower existing on the
normal duty shift to protect lives and property. This overtime will be approved on a first come
basis and will not be susceptible to seniority, but will be deemed as unscheduled overtime.
Section 5. Administrative Overtime — Overtime needed to develop initiate and
complete non- emergencv departmental projects and committees All bargaining unit
members will be notified via e-mail and page of administrative project opportunities
Interested individuals must respond to the Fire Chief or his /her designee within the
designated time period. Project /committee participation is determined solely by the Chief
from those who responded. (Examples of Administrative Overtime include but are not
limited to: Uniform Committee, Apparatus Committee EMS Advisory Committee and
Honor Guard).
Section 5 6. Employees who are on approved holiday, vacation or personal leave shall
not be eligible for mandatory overtime, unless said employee is available.
30
Section 6 7. Any employee required by the Employer to attend any school, workshop,
or seminar, shall be paid at his hourly current rate of pay for any hours of days that he would
normally be off duty. Pay for normal off duty time will include travel time, attendance time in
the course of the instruction, and return home. Overtime will be paid when overtime
requirements have been met.
(I City of Owasso Date IAFF Local #2789 Date 11
31
ARTICLE 22
VACATIONS AND HOLIDAYS
Section 1. New employees shall accrue 12 hours per month as holiday compensation.
After completing one year of employment with the department, new employees shall be granted
120 hours of vacation leave. At that time the employee will begin accruing leave monthly
according to the following schedule:
Years of
Holiday
Vacation
Method of
Maximum
Employment
Yearly
Yearly
Accumulation
Limit*
Total
Total
0 -1 yr
144
0
12hrs /mo
264 hrs.
1 -4 yrs
144
120
22 hrs /mo
384 hrs.
5 -9 yrs
144
144
24 hrs /mo
408 hrs.
10 -14 yrs
144
192
28 hrs /mo
456 hrs.
15 -19 yrs
144
216
30 hrs /mo
480 hrs.
20- 24 yrs
144
240
32 hrs /mo
504 hrs.
25+ yrs
144
264
34 hrs /mo
528 hrs.
Section 2. All vacations and holidays must be taken in not less than one (1) hour
increments. If a vacation request is denied for an employee who is at his vacation accrual
maximum, the excess accumulation will be allowed for a defined period as determined on a case
by case basis.
Section 3. Employees in the bargaining unit who work an eighty (80) hour pay period
shall accrue vacation and holidays in accordance with the schedule found in the Personnel
Manual. After twenty -five (25) years of employment, such employees shall accrue 15.34
vacation hours per month for an annual accrual of 184.08 hours. The maximum accrual for
employees covered by this section is 224.08 hours. Employees over the Personnel Manual's
maximum vacation accrual at the time of transfer will be allowed to carry forward their current
accrued vacation for future use. Employee's in the bargaining unit who work an eighty (80)
hour pay period must take vacation and holidays in not less than (1/2) hour increments
Section 4. Employees in the bargaining unit who work an eighty (80) hour pay
period, shall be eligible for holiday pay at 1 '/2 times the members regular hourlv rate when
required to work a scheduled holiday. Such members shall also receive an alternate day
off.
32
ARTICLE 22
VACATIONS AND HOLIDAYS
(Continued)
Seetion 4 Section 5. Employees in the bargaining unit may donate vacation leave to
another employee in the bargaining unit by notifying Human Resources in writing, to include the
recipient of the donation and the number of hours.
City of Owasso Date IAFF Local #2789 Date
33
ARTICLE 23
SICK LEAVE
Section 1. Employees within the bargaining unit shall earn sick leave in the amount
of 216 hours annually. The method of accrual shall be in increments of 18 hours per month. No
employee of the bargaining unit shall accumulate in excess of 1440 hours of sick leave time.
Section 2. Employees will have the option to utilize up to an additional seven (7)
hours of sick leave during any one hundred twenty (120) hour pay period when scheduled
overtime pay would be lost due to sick leave used.
Section 3. Fifteen percent (15 %) of accrued sick leave shall be paid to an employee
upon service retirement or disability retirement. An employee may instead convert fifteen
percent (15 %) of their accrued sick leave to terminal leave. In order to be eligible for this benefit
the employee must provide the City sufficient notice of pending retirement and election option.
Said notice to be not less than ninety (90) days prior to expected date of retirement. Such pay
will be calculated at the employee's rate of pay at the time of disbursement. Upon death, fifty -
percent (50 %) shall be paid to the beneficiary of the City provided group life insurance, unless
designated otherwise in writing. In the event that an employee is killed in the line of duty, one -
hundred percent of the employee's sick leave balance shall be paid to the beneficiary of the City
provided group life insurance, unless designated otherwise in writing.
Section 4. Fire Department shift employees will be granted two shifts off for funeral
leave per occurrence. Employees on a forty (40) hour work week will be granted up to twenty -
four (24) hours off for funeral leave per occurrence. Such leave shall be allowed for an employee
to attend the funeral of an immediate family member, defined as: spouse, children (including
stepchildren), parents (including stepparents), grandparents, grandchild, brother or sister
(including step brother or step sister). Funeral leave may also be used by an employee to attend
the funeral of his /her spouse's immediate family members as defined above. Such leave must be
approved by the Fire Chief and is not charged against any leave accumulation. Funeral leave can
be taken in half hour increments. An employee may request to use vacation or sick leave to
attend other funerals.
Section 5. After an Employee has accrued 1440 hours of sick leave, he /she shall be
eligible to participate in the following sick leave incentive program.
If during the fiscal year an employee covered by this agreement uses:
0 shifts of sick leave - such employee shall receive 35% of that employee's monthly base pay.
1 shift of sick leave - such employee shall receive 27% of that employee's monthly base pay.
2 shifts of sick leave - such employee shall receive 20% of that employee's monthly base pay.
3 shifts of sick leave - such employee shall receive 14% of that employee's monthly base pay.
34
ARTICLE 23
SICK LEAVE
(Continued)
Any Employee covered by this agreement who uses more than three (3) shifts of sick leave
during the fiscal year shall not be eligible for this incentive program. Payment for those
employees eligible will occur as a lump sum in the first pay period following June 30th of each
year.
Section 7. Employees in the bargaining unit who work an eighty (80) hour pay
period shall be eligible to participate in the sick incentive program outlined in Section 6, as stated
above, after accruing 1000 hours of sick leave. One shift shall be equivalent to eight hours for
employees covered by this Section 7.
Section 8. Employees within the bargaining unit shall be eligible for incentive pay
through only one sick leave incentive plan. Should a member elect and enroll in the Sick Leave
Grant/Incentive Plan offered to all employees of the City such member waives his /her right to the
Sick Incentive pay herein described in, Section 6 and 7. A member may elect to participate
exclusively in the Sick Leave Grant segment of the plan available to all employees and still be
eligible for the Sick Leave Incentive herein described in Section 6 and 7.
Section 9. Employees in the bargaining unit who work an eighty (80) hour pay period
shall accrue sick leave in accordance with the schedule found in the Personnel Manual.
City of Owasso Date IAFF Local #2789 Date
35
ARTICLE 24
COURT AND JURY LEAVE
Section 1. Employees who are required to serve as court witnesses orjurors shall be
granted time off with pay to serve in that capacity, subject to the following rules:
A. An employee subpoenaed to testify in a court action not arising out of the
performance of his duty, involving the federal, state, or municipal government,
shall not receive his regular salary, but may use annual leave or be granted a leave
of absence without pay for the length of such service.
B. An employee serving such duty shall present to his supervisor the original
summons or subpoena from the court and, at the conclusion of the duty, a signed
statement from the clerk of the court showing the actual dates of attendance at
court.
C. An employee serving on jury duty or subpoenaed to testify in a court action
arising out of the performance of his duty, involving the federal, state, or
municipal government, shall be paid his normal rate of pay for that period or the
amount paid by the court, which ever is greater. For the purpose of this article,
the normal rate of pay shall include "scheduled overtime" pay.
City of Owasso Date IAFF Local #2789 Date
36
ARTICLE 25
UNIFORMS
Section 1. The Employer shall purchase and replace Employer designated uniforms
when, in the opinion of the Fire Chief, such uniforms have fallen below the acceptable level of
appearance.
Section 2. It is understood that the Employer will provide to each newly hired
Employee the following: one (1) short sleeve Class B shirt; one (1) long sleeve Class B shirt;
four (4) pair Class C uniform pants; six (6) short sleeve Class C shirts; two (2) long sleeve Class
C shirts; two (2) pair Class D shorts; two (2) pair Class D sweatpants; one (1) sweatshirt; one (1)
winter coat; one (1) tie; one (1) belt; one (1) pair work boots or shoes; one (1) pulloverjacket;
one (1) stocking cap; one (1) ball cap.
Section 3. All safety equipment, such as helmets, bunk out coats, pants, boots, safety
gloves, Nomex coverall and Nomex hood will be furnished by the Employer, in accordance with
the rotation plan developed by the Safety and Health Committee, submitted to the Chief by July 1
and approved by the Chief.
Section 4. Employer shall repair or replace or reimburse employee at Employer's
expense, the current market value, the employee's personal property, clothing and /or equipment
which a fire fighter or medic might be reasonably expected to have on duty or use while
performing his duties, which is lost, destroyed or damaged beyond the capability of maintaining a
professional appearance or usefulness for his duties. Either the repair, replacement or
reimbursement of such items will be at the Employer's discretion. Any damaged property
replaced by the Employer shall become the property of the Employer. Further, the Employer, as
well as the employee, will cooperate in any investigation regarding said loss or destruction. All
requests relating to the repair, replacement or reimbursement of personal property shall be made
to the Fire Chief. , such requests shall be reviewed by a Peer Board Committee. The Peer Board
Committee shall be comprised of the entire membership of the Safety and Health Committee
appointed for a tern equal to that of their service on the Safety and Health Committee. No action
can be taken until such committee shall first consider the request and then recommend action to
the Fire Chief— The maximum expense the Employer shall have by virtue of this Article shall be
limited to One Thousand Dollars ($1000.00) per bargaining unit member per year. No personal
property items will be replaced that are lost, destroyed or damaged while performing routine
functions, at the fire station.
Section 5. All fire fighters will receive protective clothing, as per standard operating
procedure of the department.
37
ARTICLE 25
UNIFORMS
(Continued)
Section 6. Each contract year the City shall provide each member four hundred fifty
dollars ($450.00) worth of approved department duty clothing. Members with less than one (1)
year of employment as of July I" shall receive forty dollars ($40.00) worth of approved
department duty clothing for each month of employment, not to exceed four hundred fifty dollars
($450.00). The Fire Chief prior to the budget year shall designate the type of clothing eligible
under this Article. Any items purchased in excess of the allocated amount will be the
responsibility of the member. The Fire Chief will submit a purchasing list to each member,
award appropriate contracts to vendors, and place necessary orders. Members must finalize
orders within 60 days of the start of each fiscal year. The City will make every effort to place
orders within 90 days of the start of each fiscal year. Any funds remaining following the initial
order at the beginning of the fiscal year, may be carried over to a second ordering period
which will occur between January ls` and January 31s`
There will at no time be any money given to the member by the vendor for any reason
pertaining to the clothing purchased with the allocated account.
The following items are approved for purchase from the uniform fund: Nomex or 100%
cotton shirts (long and short sleeve), uniform pants, light weightjacket, winter coat, duty
shoes /boots, uniform belts, sweatpants, sweatshirt, workout shorts, t- shirts (long and short
sleeve), ball caps, and collar brass and nameplate. Additional items may be added to this list by
the Fire Chief. The uniform fund may also be used for alterations of approved uniforms, as
arranged by the Fire Chief.
Section 7. Members of the bargaining unit shall maintain their uniforms in a safe,
neat, and presentable condition. Members shall always maintain an extra proper uniform ready
for immediate usage at the station, in case the need arises.
Section S. Members of the bargaining unit shall be responsible for replacing their
own articles of clothing and uniform with the exception of those items described hereinabove in
Section 5 of this Article.
City of Owasso Date IAFF Local #2789 Date
W
ARTICLE 26
INSURANCE
Section 1. The Employer shall provide to all members of the bargaining unit Health,
Vision and Dental Insurance that includes a basic benefit package selected by the City. The
Employer shall be responsible for One Hundred Percent (100 %) of the cost of such coverage
along with an annual biometrics screening. Should a member of the bargaining unit elect not to
participate in the annual biometrics screening coordinated by the Employer, such Employee shall
be charged $25 per month for Medical Insurance.
Section 2. The Employer will provide a basic life insurance policy as a supplement to
the above - mentioned Health Insurance, of which One Hundred Percent (100 %) of the cost of
such life insurance shall be paid by the Employer.
Section 3. The Employer shall pay that amount contributed on behalf of all other
non - managerial City employees as a matter of City policy, as a subsidy for each employee's
dependent health care coverage. Should the cost of such dependent health coverage increase, the
Employer shall bear such increase in cost. However, should a member elect to not participate in
the annual biometrics screening coordinated by the Employer, such Employee's premiums shall
increase by $25 per month. The Employer shall also pay a subsidy for each employee's dependent
vision and dental insurance in an amount equal to that provided for all other employees if the
employee elects to cover such dependents under the City sponsored policy and plan.
Section 4. The employer shall provide for retiree participation in the employer group
health insurance program pursuant to the terms and conditions of I I O.S.:23 -108.
City of Owasso Date IAFF Local #2789 Date
39
ARTICLE 27
TUITION REIMBURSEMENT
Section 1. The employer shall reimburse tuition, under the limitations hereinafter set
forth in this Article, for required courses leading to a Bachelors Degree in Fire Science, or
approved related field. The course(s) on which reimbursement will be requested must be
approved by the Department Director prior to enrollment (Personnel Form number 10).
The tuition herein provided shall be the actual tuition designated for the institution
attended, but shall not exceed the per hour Enrollment Fee amount for Comprehensive
Universities as designated in the "Student Fees" book Approved at Institutions in the Oklahoma
System of Higher Education established by the Oklahoma State Regents for Higher Education. A
copy of the "Student Fees" book may be reviewed in the City Finance Office, prior to seeking
reimbursement. In addition to the tuition reimbursed, the City agrees to pay toward fees, three
dollars ($3.00) per credit hour completed in accordance with the reimbursement criteria.
Employees must maintain at least 2.0 on a 4.0 scale or a minimum of a "C" grade on a
letter grade scale in each course. Failure to maintain a "C" grade in a course will result in non-
payment of tuition for those hours.
Upon verification of satisfactory completion of the course, reimbursement for tuition
shall be made to the employee.
Section 2. If an employee voluntarily or involuntarily separates from employment
within three years of the last tuition reimbursement, and /or within three years of the last payment
made by the Employer for Paramedic classes for that employee, the employee will be required to
repay 100% of the tuition reimbursement and /or cost incurred for Paramedic classes during that
three year period. Prior to receiving tuition reimbursement and /or enrollment in Paramedic
classes to be paid by the Employer, the employee must complete an "Education /Training
Repayment Agreement." Attached Appendix D.
City of Owasso Date IAFF Local #2789 Date
40
ARTICLE 28
SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the successors and assigns of the parties hereto
during the term of this contract; and, no provisions, terns or obligations herein contained shall be
affected, modified, altered or changed in any respect whatsoever, by the consolidation, merger or
annexation, transfer or assignment, of either party hereto, or affected, modified, altered or
changed of any kind in the ownership or management of either party hereto, or by any change
geographically of place of business of either party hereto.
City of Owasso Date IAFF Local #2789 Date
41
ARTICLE 29
SAVINGS CLAUSE
Section 1. If any provision of this Agreement or the application thereof to any person
or circumstances is held invalid, the invalidity shall not affect other provisions or applications of
this Agreement which can be given effect without the invalid provisions or application, and to
this end, the provisions of this Agreement are severable.
Section 2. It is understood that the foregoing is a complete understanding of all the
terns and conditions of employment to be governed by this Agreement during the contract period
and it cannot be altered in any manner, save by the complete written concurrence of the parties
subscribing hereto.
Section 3. Any appendices to this Agreement shall be numbered, dated and signed by
the Employer and the Union and shall be subject to the provisions of this agreement unless the
terms of said appendices specifically delete or change a provision of this Agreement, and all
appendices shall become a part of this Agreement as is specifically set forth herein.
Section 4. It is understood that all time limits found in this Agreement may be
extended by mutual concurrence.
Section 5. Nothing herein should preclude the City from being in compliance with
the Americans with Disabilities Act.
City of Owasso Date IAFF Local #2789 Date
42
ARTICLE 30
WORKING OUT OF CLASS
Section 1. In the absence of a Driver from any station, a firefighter /medic will be
designated by the Officer in charge of the station as "Acting" Driver and shall receive a
temporary increase in pay of $20.00 per shift effective at the beginning of the first (V) shift.
Section 2. In the absence of a Captain from any station, the Driver acting as
Company Officer shall receive a temporary increase in pay of $30.00 per shift effective at the
beginning of the first (1st) shift.
Section 3. In the absence of the Shift Commander, the Captain acting as Shift
Commander shall receive a temporary increase in pay of $40.00 per shift effective at the
beginning of the first (1st) shift.
Section 4. A Battalion Chief or acting Shift Commander while working as the Shift
Commander shall not be assigned to work as a medic.
Section 5. Any part of a shift shall be considered as working out of class for the
entire shift.
City of Owasso Date IAFF Local #2789 Date
43
ARTICLE 31
LONGEVITY
Section I. The Employer shall pay each Employee covered by this Agreement,
longevity pay, added to and included in Employee's base rate of pay for each year of service with
the department from the Employee's date of hire. Longevity shall be paid at the rate of $0.07
(seven cents) per year of service commencing on the employee's fifth employment anniversary.
As of January 1, 2015 longevity shall be paid at the rate of $0.10 (ten cents) per year of
service commencing on the employee's fifth employment anniversary.
City of Owasso _ Date
IAFF Local 42789 Date
44
ARTICLE 32
RETIREMENT AND PENSION
Employer and employee shall contribute toward the Oklahoma Firefighters Pension and
Retirement System per requirements of State Statutes.
City of Owasso Date IAFF Local #2789 Date
45
ARTICLE 33
PHYSICAL FITNESS PROGRAM
Section 1. The employer shall reimburse gym membership fees up to fifteen dollars
($15) per month for each member of the bargaining unit who signs up to participate in a
voluntary fitness program. Members electing to participate in the voluntary fitness program
reimbursement must provide proof of membership /enrollment in a physical fitness program of
their choice by July 1" of each year, in order to be eligible for the reimbursement.
Reimbursements will be made annually, on the second pay day in June. In order to be eligible for
the reimbursement, members must provide proof of payment, to the Chief or his designee, for the
months in which reimbursement is being requested.
Participating members working out while not on duty are not covered by Workers'
Compensation.
Members will participate in their physical fitness program at least once within any seven
(7) day period, excluding time used for vacation or extended sick leave. It is the member's
responsibility to notify the Chief or his designee, by June IS` of reductions in reimbursement
resulting from lack of or change in participation.
Section 2. The Physical Fitness Test outlined in Appendix E will be administered bi-
annually in October and April by the Fire Chief or designee and the Safety and Health Officer.
Members of the bargaining trait who voluntarily participate and successfully complete the
Physical Fitness Test, as established in Appendix E, will receive twenty -four (24) hours of comp
time credited to their comp balance following the successful completion of each test, for a
maximum annual accrual of forty-eight (48) hours of comp time.
City of Owasso Date IAFF Local #2789 Date
M
ARTICLE 34
DRUG & ALCOHOL TESTING
The Union and its bargaining unit members agrees to comply with all of the provisions
described in the Substance Abuse Policy as described in the attached Appendix "C ".
City of Owasso Date IAFF Local #2789 Date
47
SIGNATURE PAGE
IN WITNESS WHEREOF, the parties have hereunto set their hands this day of
2043 2015,
CITY OF OWASSO, OKLAHOMA
A Municipal Corporation
ATTEST:
Jeri Moberly, Mayor
Sherry Bishop, City Clerk
INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, LOCAL NO. 2789
IN
Shane Atwell, President
ATTEST:
APPROVED AS TO FORM:
Julie Lombardi, City Attorney
M
APPENDIX A
The rates contained within the Appendix A pay plan do not include compensation which may be
added to the base rate as provided in Article 20, Section 5; Article 20, Section 6; and Article 31.
F;gent:_.e , 2013 If i I I I I I i I I I i
€€/Rasi FAT 41 37 11:70 42 17 42-50 12 3 1248 1296 41 -04 44 94 15 45 X 88 16 z f
EK,e Atiy_ Employees
Date
FPRgsip FAAT 41.86 12.25 12.66 4208 ,
1252 1297
4404 44.93
4543 45: -94 4649 17.05
49
Pay Plan A Effective July 1, 2015
Pav Plan B Effective January 1 2016
new
New
New
New
New
New
New
New
New
New
New
New
3.50%
entry
1
2
3
4
5
6
7
8
9
10
11
FF /Basic EMT
12_28
12_68
13_10
13_54
13_99
14_46
14_95
15_45
15_97
16_50
17_07
17_65
FF /Int EMT
13_31
13_76
14_21
14_69
15_18
15_69
16_23
16_77
17_34
17_92
18_53
19_17
DR/FF-
Paramedic
15.16
15.66
16.19
16.73
17.28
17_85
18_45
19_08
19_71
20_37
21_05
21_77
cpt
18.66
19.30
19_95
20_64
21_34
22_08
22_82
23_61
Chiefs /FM /EM
8 gi
m
23_20
24_00
24_83
25_68
26_56
27_48
Pav Plan B Effective January 1 2016
Pay Plan C /Effective 6/30/2016
new
New
New
New
New
New
New
New
New
New
New
New
1.00%
entry
1
2
3
4
5
6
7
8
9
10
11
FF /Basic EMT
12_40
12_81
13_23
13_67
14_13
14_60
15_09
15_61
16_13
16_66
17_24
17_82
FF /Int EMT
13_44
13_89
14_35
14_83
15_34
15_85
16_39
16_93
17_51
18_10
18_71
19_36
DR/FF-
Paramedic
15.31
15.82
16.35
16.89.
17_46
18_03
18_64
19_27
19_90
20_57
21_26
21_98
cpt
18.85
19.50
20.15
20_84
21_56
22_30
23_05
23_84
Chiefs /FM /EM
S M9L
m
23_44
24_24
25_08
25_94
26_82
27_75
Pay Plan C /Effective 6/30/2016
50
new
New
New
New
New
New
New
New
New
New
New
New
entry
1
2
3
4
5
6
7
8
9
10
11
FF /Basic EMT
12_40
12_81
13_23
13_67
14_13
14_60
15_09
15_61
16_13
16_66
17_24
17_82
FF/lnt EMT
13_44
13_89
14_35
14_83
15_34
15_85
16_39
16_93
17_51
18_10
18_71
19_36
DRIFF-
Paramedic
15.31
15.82
16.35
16.89
17_46
18_03
18_64
19_27
19_90
20_57
21_26
21_98
cpt
20.15
2084 .
21.56
22_30
23_05
23_84
24_65
25_49
Chiefs /FM /EM
S Mgr
25_08
25_94
26_82
27_75
28_69
29_66
50
Article 20
Degree in field of Fire Protection
Degree not in the field of Fire
Education Propay*
Technology, Nursing or EMS
Protection Technology, Nursing, or
Captain
Chiefs /Fire Marshal/
EMS
Associates Degree
thirty -nine cents per hour ($0.39)
twenty cents per hour ($0.20)
Bachelor's Degree
fifty -nine cents per hour ($0.59)
thirty -nine cents per hour ($0.39)
Master's Degree
EMT -Basic
fifty -three cents per
sixty -nine cents per hour ($0.69) forty -nine cents per hour ($0.49)
Article 20
EMT Propay*
Firefighter /Driver
Captain
Chiefs /Fire Marshal/
Effective
EMS Manager
July 1, 2013
EMT -Basic
fifty -three cents per
thirty-nine cents per
twenty cents per hour
Certification
hour ($0.53)
hour ($0.39)
($0.20)
Intermediate
forty -three cents per
thirty-nine cents per
twenty cents per hour
Certification
hour ($0.43)
hour ($0.39)
($0.20)
Paramedic Certification
twenty -four cents per
fifty -nine cents per
twenty cents per hour
hour ($0.24)
hour ($0.59)
($0.20)
Article 20
EMT Propay*
Firefighter /Driver
Captain
Chiefs/Fire Marshal/
Effective
EMS Manager
January 1, 2015
EMT -Basic
fifty -three cents per
thirty-nine cents per
twenty cents per hour
Certification
hour ($0.53)
hour ($0.39)
($0.20)
Intermediate
forty -three cents per
thirty -nine cents per
twenty cents per hour
Certification
hour ($0.43 )
hour ($0.39)
($0.20
Paramedic Certification
seventy -five cents per
seventy -five cents per
seventy -five cents per
hour ($0.75)
hour ($0.75)
hour ($0.75)
Article 20 Other Propays
• Meehanie Fleet Manager, eighty -three cents per hour ($0.83/hr)*
• IFSAC, Proboard or other Instructor II certification (rank/grade of Captain and above)
thirty -nine cents per hour ($0.39).*
• Hazardous Materials Technician certification, twenty -nine cents per hour ($0.29)*
*This is not intended to represent the entirety of Article 20.
City of Owasso Date IAFF Local #2789 Date
APPENDIX B
The following pay items were removed contract year 2006 -2007 at which time they were included
in the base pay provided in Appendix A. All items listed below are no longer applicable as of the
2006 -2007 contract.
Article 20— Incentive Pro -Pay of $0.07 per hour
Article 25— Cleaning Allowance of $0.13 per hour
Article 25 —Bed Linen Allowance of $0.01 per hour
Article 32— Employer paid 4% of Employee's contribution toward Oklahoma
Firefighters Pension and Retirement System
The following pay item was removed effective January 1, 2009 at which time it was included in
the base pay provided in Appendix A. The item listed below is no longer applicable as of the
2009 -2010 contract.
Article 20 —EMS Manager Pro -Pay of $1.00 per hour
City of Owasso Date IAFF Local H2789 Date
52
APPENDIX C
SUBSTANCE ABUSE POLICY
Alcohol and drug abuse have an adverse effect on job performance, create dangerous situations,
and serve to undermine our community's confidence in the Fire Department.
The department cannot and will not condone drug or alcohol abuse on the part of its employees,
nor will it condone any employee behavior related to alcohol and /or illegal drugs on or off the job
that may serve to damage the department's reputation.
The policy concerning drue and alcohol use and abuse is a follows:
1. The Department will not hire anyone who is known to currently abuse substances.
2. The Department will educate and inform its employees about the health consequences of
drug and alcohol abuse.
3. Employees must report to work in a fit condition to perform their duties. Being under the
influence of drugs or alcohol is not acceptable.
4. Any employee on department business, on or off City premises, is prohibited from
purchasing, transferring, using, or possessing illicit drugs or using alcohol or prescription
drugs in a way that is illegal.
5. Employees will not be terminated for voluntarily seeking assistance for a substance abuse
problem; however, continued performance, attendance, or behavioral problems may result
in disciplinary action.
6. Employees on physician - prescribed medication must notify the Chief or his /her designee,
if there is a likelihood that such medication could affect job performance and safety.
7. Employees who are convicted, plead guilty, or who plead no- contest for off -duty drug or
alcohol involvement may be considered to be violation of the policy.
8. All available assistance programs shall be made available to the employee, either at the
request of the employee, or as a requirement for continued employment, based on factual
evidence of a substance abuse problem.
9. No illegal drugs, alcoholic beverage or liquor shall be brought into, or stored in or on any
City Property.
10. Drug testing shall be conducted according to the policies and procedures outlined in this .
policy as well as the applicable existing Federal and Oklahoma State laws and regulations
(Standards for Workplace Drug and Alcohol Testing Act, Title 40, Sec. 554).
Conditions under which an applicant /employee will be tested are:
a. Applicants for employment once a conditional offer of employment has been made.
53
b. For existing employees on the basis of.
i. Reasonable Suspicion.
ii. Post- Accident where the employee or another person has sustained a
work - related injury or the employer's property has been damaged,
including damage to equipment, in an amount reasonably estimated
at the time of the accident to exceed five hundred dollars ($500.00).
iii. Post - rehabilitation testing.
iv. Random testing.
11. Failure to submit to a required drug or alcohol test or having a confirmed positive result
of such a test will subject the employee to disciplinary action.
12. The City will pay for all City required drug /alcohol testing as required for the proper
administration of this policy.
13. In addition the City will pay for a second test at a separate certified facility if a second test
is requested by the employee immediately following the first test.
14. If requested by the employee, the City agrees to pay for a blood test at a certified facility
to test carbon monoxide levels.
Definitions used in the policy:
1. The "Act" means the Standards for Workplace Drug and Alcohol Testing Act of the State
of Oklahoma.
2. "Alcohol" means ethyl alcohol or ethanol.
3. "Applicant" means a person who has applied for a position with the City.
4. "Board" means the State Board of Health.
5. "The City" means the City of Owasso.
6. "Confirmation test" means a drug or alcohol test on a sample to substantiate the results of
a prior drug or alcohol test on the same sample and which uses different chemical
principles and is of equal or greater accuracy than the prior drug or alcohol test.
7. "State Department" means the State Department of Health.
8. "Drug" means amphetamies, cannabinoids, cocaine, phencyclidine (PCP), hallucinogens,
methaqualone, opiates, barbiturates, benzodiazepines, synthetic narcotics, designer drugs,
or a metabolite of any of the substances listed herein.
"Drug or alcohol test" means a chemical test administered for the purpose of determining
the presence or absence of a drug or its metabolites or alcohol in a person's bodily tissue,
fluids or products.
10. "Employee" means any member of the Fire Department (for interpretation of this policy
only).
11. "Employer" means the City of Owasso.
54
12. "Random selection basis" means a mechanism for selecting employees for drug or
alcohol testing that:
a. Results in an equal probability that any employee from a group of employees
subject to the selection mechanism will be selected, and
b. Does not give an employer discretion to waive the selection of any employee
selected under the mechanism.
13. "Reasonable suspicion" means a belief that an employee is using or has used drugs or
alcohol in violation of the City's written policy. This belief must be based on objective
and stated facts and reasonable inferences drawn from those facts in light of experience,
and may be based upon, among other things:
a. Observable phenomena, such as:
i. The physical symptoms or manifestations of being under the influence of a
drug or alcohol while at work or on duty, or
ii. The direct observation of drug or alcohol use while at work or on duty.
b. A report of drug or alcohol use while at work or on duty, provided by reliable and
credible sources and which has been independently corroborated;
c. Evidence that an individual has tampered with a drug or alcohol test during
his /her employment with the City of Owasso, or
d. Evidence that an employee is involved in the use, possession, sale, solicitation or
transfer of drugs while on duty or while on the employer's premises or operating
the employer's vehicle, machinery or equipment.
14. "Review officer" means a person, qualified by the State Board of Health, who is
responsible for receiving results from a testing facility which have been generated by the
City's drug or alcohol testing program, and who has knowledge and training to interpret
and evaluate an individual's test results together with the individual's medical history and
any other relevant information.
15. "Sample" means tissue, fluid or product of the human body chemically capable of
revealing the presence of drugs or alcohol in the human body.
16. "Testing facility" means any person, including any laboratory, hospital, clinic or facility,
either off or on the premises of the employer, which provides laboratory services to test
for the presence of drugs or alcohol in the human body.
Druiz or Alcohol Testing Restrictions:
The employer may only request or require an applicant or employee to undergo testing under the
following circumstances.
1. Applicant testing: The City may require ajob applicant, upon a conditional offer of
employment, to undergo drug or alcohol testing and may use a refusal to undergo testing
or a confirmed positive test result as a basis for refusal to hire, provided that such testing
55
does not violate the provisions of the Americans with Disabilities Act of 1990, and
provided that such testing is required for all applicants who have received a conditional
offer of employment for a particular employment classification.
2. Reasonable suspicion testing: The City may require an employee to undergo drug or
alcohol testing if the employer has a reasonable suspicion that the employee has violated
the City's written substance abuse policy.
3. Post - Accident testing: The City may require an employee to undergo drug or alcohol
testing if the employee or another person has sustained a work - related injury or the
employer's property has been damaged, including damage to equipment, in an amount
reasonably estimated at the time of the accident to exceed five hundred dollars ($500.00).
4. Random testing: The city may require an employee to undergo drug or alcohol testing on a
random selection basis.
5. Post - rehabilitation testing: The City may require an employee to undergo drug or alcohol
testing without prior notice for a period of up to two (2) years commencing with the
employee's return to work, following a confirmed positive test, or following participation
in a drug or alcohol dependency treatment program under an employee benefit plan or at
the request of the employer.
Confidentiality of Testing Results and Records Disclosure of General health Information
Prohibited:
The City shall maintain all drug and alcohol test results and related information, including,
but not limited to, interviews, reports, statements and memoranda, as confidential records,
separate from other personnel records. Such records, including the records of the testing
facility, shall not be used in any criminal proceeding, or any civil or administrative
proceeding, except in those actions take by the employer or in any action involving the
individual tested and the employer or unless such records are ordered released pursuant to
a valid court order.
2. The records described above shall be maintained by the employer and shall be the property
of the employer, and, upon the request of the applicant or employee tested, shall be made
available for inspection and copying to the applicant or employee. The employer shall not
release such records to any person other than the applicant, employee or the employer's
review officer, unless the applicant or employer, in writing following receipt of the test
results, has expressly granted permission for the employer to release such records or
pursuant to a valid court order.
3. A testing facility, or any agent, representative or designee of the facility, or any review
officer, shall not disclose to any employer, based on the analysis of the sample collected
from an applicant or employee for the purpose of testing for the presence of drugs or
alcohol, any information relating to:
56
a. The general health, pregnancy or other physical or mental condition of the
applicant or employee, or
b. The presence of any drug other than the drug or its metabolites that the employer
requested be identified and for which a medically acceptable explanation of the
positive result, other than the use of drugs, has not been forthcoming from the
applicant or employee. Provided, however, a testing facility shall release the
results of the drug or alcohol test, and any analysis and information related thereto,
to the individual tested upon his or her request.
City of Owasso Date IAFF Local #2789 Date
57
APPENDIX D
EDUCATION /TRAINING REPAYMENT AGREEMENT
The undersigned, for and in consideration of the City of Owasso, Oklahoma's incurrence of costs
associated with my educational enhancement and or Paramedic training, hereby agrees that if and
in the event I should voluntarily or involuntarily separate from employment with the City of
Owasso, Oklahoma, within three (3) years from the date of the last payment for my tuition
reimbursement and /or Paramedic classes, then in such event 1 will reimburse the City of Owasso,
Oklahoma, one hundred percent (100 %) of all expense incurred by said City for my tuition
reimbursement and /or cost incurred for my Paramedic classes.
In connection herewith, I hereby authorize the City of Owasso, Oklahoma, to withhold from my
final pay any sum due and owing to the City of Owasso, Oklahoma, by virtue of the foregoing.
Further, it is my understanding that execution of this repayment agreement does not constitute an
agreement on the part of the City of Owasso, Oklahoma, to employ me for any term of years, or
portions thereof.
Employee Signature: Date:
State of Oklahoma
County of
On this day of , 20_, before me, the undersigned, a Notary
Public in and for the County and State aforesaid, personally appeared
to me, known to be the identical person who executed the above
and acknowledged to me that the above was executed as a free and voluntary act and deed for the
uses and put-poses therein set forth.
Given under my hand and seal the office the day and year last above written.
Notary Public
My Commission Expires
(Seal)
City of Owasso Date IAFF Local #2789 Date
58
APPENDIX E
PHYSICAL FITNESS TEST
To promote and encourage wellness through physical activity, the Fire Chief or designee and the
Safety and Health Officer will administer a Physical Fitness bi- annually. Such test will consist of
four parts.
Part 1: 1.5 Mile Timed Run
In order to successfully pass the timed run participants must complete the run within the
established number of minutes /seconds, based upon his /her age at testing date.
Age: <30 30 -39 40 -49 50 -59 60+
Run Time: 13:36 14:00 14:52 16:22 18:14
Part 2: Push -ups
In order to successfully pass the push -ups portion of the Physical Fitness Test participants must
complete the established number of push -ups based upon his /her age at testing date. Push -ups
require humerus to be level with the ground at the bottom of each rep and elbows locked at the top
of each rep. Pausing at the top of rep for no less than one second is required to assure participants
are not using momentum from previous rep.
Age: <30 30 -39 40 -49 50 -59 60+
Push -ups: 33 27 21 15 14
Part 3: Sit -ups
In order to successfully pass the sit -ups portion of the physical fitness test participants must
complete the established number of sit -ups based upon his /her age at testing date, within a two
minute time limit. Sit -ups require hands locked behind the head, knees bent, chest touching knees
at top of rep, and no greater than one inch of space between shoulder blades and ground at the
bottom of the rep.
Age: <30 30 -39 40 -49 50 -59 60+
Sit -ups: 42 39 34 28 22
Part 4: Abdominal Circumference
Participants must have an abdominal circumference of 39" or less. Abdominal circumference will
be measured at the navel while participant is at rest. In order to successfully pass the abdominal
circumference portion of the physical fitness test the measurement must be held for 90 seconds.
The following options are available to individuals participating in the physical fitness test.
Option A: Step Mill in Lieu of 1.5 Mile Run
Participants can elect to complete ten minutes on a step mill (Stairmaster) in lieu of the 1.5 mile
run. In order to substitute the step mill for the run, the step mill must be set on program three,
difficulty level six. There will be no age adjustment for the step mill option.
59
Option B: Pull -ups in Lieu of Push -ups, Sit -ups, or Abdominal Circumference
Participants can elect to complete ten pull -ups in lieu of either the push -ups, sit -ups, or abdominal
circumference. In order to substitute pull -ups for one part of the test participants must complete
ten reps with palms away, chin over bar, and complete stop at bottom with arms fully extended.
Pull -ups can only replace one of the three requirements mentioned in this option.
City of Owasso Date IAFF Local #2789 Date
60
TO: The Honorable Mayor and City Council
City of Owasso
FROM: John W. Feary
Government Affairs & Special Projects
SUBJECT: New City Hall Renovation -
Bid Awards and Contracts Assignment
Amended Construction Management Contract with Nabholz
DATE: July 2, 2015
BACKGROUND:
The City of Owasso entered into a construction management agreement with Nabholz
Construction Corporation in an amount of $5,000 for pre- construction services to include plan
review and conduction of the competitive bidding process to ensure that all facets of bidding
conform to the Oklahoma Public Competitive Bidding Act of 1974 and with City of Owasso
ordinances and Owasso City Charter. Bids for the many separate components of work were
publicly opened and read aloud at 2:00 pm on June 11, 2015 at the Owasso City Hall.
BIDS:
There are twenty -six separate bid items for consideration and there were sixteen alternates
included in the original bid documents. Twenty -one of the twenty -six bid items received bids at
the opening while four bid items did not receive bids and one bid item for demountable
partitions was received as an alternate for a specific product. The four bid items that did not
originally receive bids were for concrete, storefront glass & glazing, signage, and pavement
markings. After the bid opening, written solicitation for two of those items, concrete and
pavement markings, have had bids submitted.
The two remaining items needing bid award or approval via competitive bidding or per the City
of Owasso Charter and /or Ordinances are signage and storefront glass & glazing. These items
will be brought to the council or authorized by the City Manager at a later date depending on
bid amounts. The estimated costs for these items are included in the amended contract with
Nabholz.
Nabholz submitted sealed bids for two bid items, structural steel and building specialties. These
sealed bids were submitted in accordance with competitive bidding laws wherein Nabholz has
no advantage over other bidders. The work will be conducted by Nabholz in addition to their
construction management responsibilities.
Seven of the sixteen alternates included in the bid packet are being recommended for
approval in this action. Please see the attached Summary for a complete listing of vendors,
alternates, allowances, and fees being considered for this project.
BID AWARDS & ASSIGNMENT OF BIDS:
Due to the nature of the Professional Services Contract entered into with Nabholz for
construction management services, and per the State Public Competitive Bidding Act of 1974,
the City of Owasso is responsible for awarding successful bids. Concurrent with award of the bids
the bid contracts are assigned to Nabholz as the construction management firm throughout the
renovation /construction period.
CONSTRUCTION MANAGEMENT CONTRACT AMENDMENT:
After the above - mentioned awards and assignments are made, the staff will ask the Council, via
a separate action item, to approve an amended contract with Nabholz Construction
Corporation for construction management services. The amended contract will encompass the
original agreement covering pre- construction services and the total amount of awarded bid
items, awarded alternates, estimated costs for yet -to -be awarded contracts, general conditions,
fees, bonding requirements, and contingencies affiliated with standard construction contracts.
This amended contract with Nabholz will establish a "not to exceed" dollar amount for the
entirety of the project. Only a change or addition to the scope of work at the direction of the
City of Owasso would result in additional expenditures above the final contract amount. The
proposed contract includes a contingency amount of $137,063 which is intended for use only if
unknown conditions arise that would change the scope of work. This contingency may only be
utilized by authorization from the City of Owasso after any and all alternatives are considered
between the owner, architect, and construction management firm. Any change order or
subsequent bid award and additional work outside of the original scope of work shall be
authorized by the City Council or City Manager per city and state requirements.
RECOMMENDATION #1:
Staff recommends award of the following bids and alternates for the New City Hall Renovation
Project and assignment of those contracts to Nabholz Construction Corporation for the purpose
of construction management and project oversight for the duration of the renovation period.
Bid Item Description
Actual Bid
Bid Awarded To
Building Demolition
$72,015.00
DT Specialized
Concrete
$45,533.75
Everything Concrete
Masonry
1133,000.00
Brazeal Mason
Structural Steel
$44,000.00
Nabholz Construction
Millwork and Cabinetry
$103,673.00
Wood Systems
Waterproofing and Joint Seal
$10,042.00
Oklahoma Waterproofing
Roofing, Flashing, & Metal
$10,380.00
A112ine Roofing
Hollow Metal Doors & Frames
$13,600.00
Builders Supply
Wood Doors
$12,780.00
American Millwork
Door Hardware
39,210.00
Murray Womble
Coiling CHID Doors
4,842.00
Tulsa Overhead Door
Framing, Drywall & Acoustical
$188,700.00
Wil'o Interiors
Flooring
131,761.00
R &R Tile and Carpet
Paintin q & Wall Coverings
$61,000.00
Reiss Painting
Building Specialties
$38,192.00
Nabholz Construction
Toilet Compartments
$14,912.00
Precision Door
Fire Extinguishers & Cabinets
$2,132.00
Wood Systems
Window Treatments
$12,696.00
Contract Drape & Blind
Fire Suppression
$93,350.00
MACS stems
Plumbing
68,700.00
Owasso Service Co.
Heating, Ventilation & AC
$140,770.00
Vision Air Services
Electrical & Fire Alarm
$540,869.00
Addco Electric Inc.
Pavement Markings
$3,680.00
Everything Concrete
Alternate Item Description
Actual Bid
Alternate Bid Awarded To
Alt # 1 Case Work Cabinets
$10,983.00
Wood Systems
Alt #4 Vented Soffit Panels
$6,750.00
Wil'o Interiors
Alt #8 Demountable Walls
$43,009.00
L &M Office Furniture
Alt #10 HVAC M mt. System
$22,560.00
Vision Air Services
Alt #12 LED Liqhting Package
$34,348.00
Addco Electric Inc.
Alt # 14 Roof Top Unit Check
$3,612.00
Vision Air Services
Alt # 15 Server Room Work
$3,561.00
Builders Supr ,Womble, Wil'o
RECOMMENDATION #2:
Staff recommends approval of an amended Construction Management Agreement with
Nabholz Construction Corporation for the construction management and oversight of the New
City Hall Renovation Project in an amount not to exceed $2,600,000.
ATTACHMENTS:
New City Hall Bid Summary
Bid Packet Submissions
Amended Professional Services Agreement with Nabholz Construction Corporation for
Construction Management Services
New City Hall Renovation Bid Summary
June 30, 2015
Bid Package
Bid Package Description
Actual Bid
Responsive Bidder
009.02.01
Building Demolition
$ 72,015.00
DT Specialized
009.03.01
Concrete
$ 45,533.75
Everything Concrete
009.04.01
Masonry
$ 133,000.00
Brazeal masonry
009.05.01
Structural Steel (materials & erection)
$ 44,000.00
Nabholz Construction
009.06.03
Millwork and Cabinetry
$ 103,673.00
Wood Systems
009.07.01
Waterproofing, Damp proofing, Joint Sealants
$ 10,042.00
Oklahoma Waterproofing
009.07.04
Roofing, Flashing, Sheetmetal (Cold Built -Up)
$ 10,380.00
Alpine Roofing
009.08.01
Hollow Metal Doors & Frames (Supply)
$ 13,600.00
Builders Supply
009.08.02
Wood Door (Supply)
$ 12,780.00
American Millwork
009.08.03
Door Hardware (Supply)
$ 39,210.00
Murray Womble
009.08.04
Coiling OHO Doors
$ 4,842.00
Tulsa Overhead Door
009.08.05
Storefront, Glass and Glazing
$ 83,000.00
No BidlRe -Bid
009.09.01
Light Gauge Framing, Drywall & Acoustical
$ 188,700.00
Wljo Interiors
009.09.03
Flooring (Resilient, Carpet, Ceramic, Wood)
$ 131,761.00
R &R Tile and Carpet
009.09.05
Painting & Wall coverings
$ 61,000.00
Reiss Painting
009.10.01
Building Specialties (Install)
$ 38,192.00
Nabholz Construction
009.10.03
Signage (Tumkey)
$ 20,000.00
No Bid/Re-Bid
009.10.04
Toilet Compartments and Accessories (Supply)
$ 14,912.00
Precision Door
009.10.05
Demountable Partitions
$ -
Bid as Alternate #8 -L &M
009.10.07
Fire Extinguishers and Cabinets (Supply)
$ 2,132.00
Wood Systems
009.1201
Window Treatments
$ 12,696.00
Contract Drapery & Blind
009.21.01
Fire Suppression
$ 93,350.00
MACS stems
009.22.01
Plumbing
$ 58,700.00
Owasso Service Co.
009.23.01
Heating, Ventilation, Air Conditioning (HVAC)
$ 140,770.00
Vision Air Services
009.26.01
Electrical & Fire Alarm
$ 540,869.00
Addco Electric Inc.
009.31.04
Pavement Markings
$ 3,680.00
Everything Concrete
Sub-Totals
$ 1,888,837.75
Allowances
Mechanical Equipment Repairs
Concrete Trench Patch Back
$ 9,500.00
Sodding & Landscaping
$ 12,925.00
Accepted Alternates
Alt. #1 - Community Room Casework
$ 10,983.00
Wood Systems
Alt #4 - New Vented Plaster Soffit Panels
$ 6,750.00
Wiljo Interiors
Alt #8 - Demountable Walls
$ 43,009.00
L &M Office Furniture
Alt #10 - HVAC Management System
$ 22,560.00
Vision Air Services
Alt #12 - LED Lighting
Alt #14 - Roof Top Unit Analysis
$ 34,348.00
$ 3,612.00
Addco Electric Inc.
Vision Air Services
Alt #15 -Addendum #2 work at room 228
$ 3,561.00
Builders Supply $150, Wombl
$211, Wlljo Interiors $3,200
Totals .
r
Preconstruction Fee
$ 5,000.00
General Conditions
$ 198,686.95
General Requirements
$ 68,711.00
Subcontractor Surety
Payment Bond
$ 14,000.00
General Liability
$ 21,250.00
Builders Risk
$ 1,920.00
5.00%
General Contractor's Fee
$ 117,282.68
Contingency
$ 137,063.62
Construction Totals For
r 000,00
Owasso City Hall Bid Day 6- 11- 15.xlsx
6/11/2015
Apparent Low Bidder $72,015
Budget $84,851
Variance $12,836
Building Demolition
Budget
Total Demolifion
DT Specilued
Ark Wrecking
Base Bid
$84,851
$150,503
$72,015
$103,100
0
Bond Lump Sum (incl. in Base Bid)
2
L)
pW,
Bid to Budget Variance
$65,652
($12,836)
$18,249
($84,851)
($84,851)
($84,851)
Rank
N/A
0
1
2
Percent from low bidder
N/A
109%
0%
43%
AIL #1- Community Room Casework
Alt. #2 -Window Blinds
Aft. #3- Acoustical Panels and Tackable Panels
All #4 - New Vented Plaster Soffit Panels
Alt #5 - Acoustical Ceiling Panels
W
Alt # 6 - Graphic Film at Full Height Windows
Q
Alt #7 -VCT Tile
z
K
Alt #8 - Demountable Walls
W
!]
Alt #10 - HVAC Management System
Q
All #12 -LED Lighting
Alt #13 - Lightning Protection
$ 500.00
Alt #14 -Roof Top Unit Analysis
All #15 - Atldendum #2 work at mom 228
Alt #16- Addendum #4 -Replace 2light poles
Atldendum #1
QQ
Atldendum 42
w
Addendum#3
Addendum#4
Q
2
z
U
a
a
F
z
Fully executed Proposal Form
W
Supplemental Instructions to bidders
H
j
Business Relationship
Q
C
Competitive Bid 8 Contract Affidavit
LL
Q
Felon BSex OBentler Affidavit
Apparent Low Bidder $72,015
Budget $84,851
Variance $12,836
611112015
.. — --..c 11_15 s15X
$W,V..
ppparenl Low Bidder $53,379
Budget (58621)
Vananw
Owasso City Hall Bid Day 6- 11- 15.xlsx
6111/2015
Apparent Low Bidder $133,000
ludget $55,998
inane ($77,002)
Masonry
Budget
Brazeal
Base Bid
855,998
$133,OOD
(D
Bond Lump Sum (ind. in Base Bid)
2
U
M
Bid to Budget Variance
$77,002
(855,998)
(855,998)
(855,998)
(855,998)
(855,998)
Rank
N/A
1
Parotid from low bidder
N/A
on
At. #1- COmmuni Room Casework
AIL #2 - Wndow Blinds
AIL #3 - Acoustical Panels and Tarlhdble Panels
Alt #4 - New Vented Plaster Soffit Panels
Alt #5- Acoustical Coding Panels
Alt #6 -Graphic Film at Full Height Wndows
w
W
Alt #7 -VCT Tile
Q
Alt #8 - Demountable Walls
2
K
W
Alt #10 -HVAC Management S stem
j
Alt #12 -LED Lighting
Q
All #t3 -Lightning Protection
Alt #14 -Roof Top Unit Analysis
Alt #15 - Addendum 42 work at roam 228
Alt 416- Addendum #4 -Re lace 2light poles
6
O
W
Addendum p3
M
Addendum #4
Q
f0
2
U
K
a
z
z
Fully executed Proposal Farm
y
Supplemental Instructions to bidders
f
j
Business Relaticnshi
Q
LL
Competitive Bid 8 Contract AffitlaNl
Q
Felony BSex Offender Affidavit
Apparent Low Bidder $133,000
ludget $55,998
inane ($77,002)
Owasso City Hall Bid Day 6- 11- 15.xlsx
6111)2015
Apparent Low Bidder 544,000
Budget 541,200
Van.. ($2,890)
Steel (Material & Erection)
Budget
Neenah,
Base Bid
841,200
544,000
0
Bond Lump Sum find. in Base Bid)
2
U
y
Bid to Budget Variance
82,800
(841,200)
(541,200)
($41,200)
(841,200)
(841,200)
($41,200)
Rank
NIA
Percent from low bidder
NIA
VA
AIL #1- Community Roam Casework
Alt #2 - W ndow Blinds
AIL #3- Acoustical Panels and Tackable Panels
Alt #4 - Now Vented Plaster Soffit Panels
Alt #5- Awustioal Ceiling Panels
At #8 - Graphic Film at Full Height Windows
w
Alt #r - VCT Tile
Q
Alt #8- Demountable Walls
Z
W
Aft #10 -HVAC Management S stem
W
j
Alt #12 -LED Ii b8n
a
Aft #13 - Lightning Protection
Alt #14 -RCOf Top Unit Analysis
Alt #15- Addendum #2 work at room 228
Alt #16- Addendum #4 -Replace 2light plea
Q
O
Z
Addendum ip
p
Addendum #4
Q
t7
Z
V
K
a
z
Fully exewted Proposal Form
W
Supplemental Instructions to bidders
H
j
Business Relationshi
Q
�
Competitive Bid 8 Contract Affitlatit
LL
i
Felony fiSex Offender Affidavit
Apparent Low Bidder 544,000
Budget 541,200
Van.. ($2,890)
Owasso City Hall Bid Day 6- 11- 15.xlsx
611112015
Apparent Law Bidder $103,673
Budget $107,524
Variance $3,851
Millwork
Budget
Weed Systems
Base Bid
$107,524
$103.623
Ur
Bond Lump Sum (ind. in Base Bid)
Z
U
y
Bid to Budget Variance
($3,851)
($107,524)
($107,524)
($107,524)
($107,524)
($107,524)
Rank
NIA
cent from low bidder
NIA
#1- Communi Room Casework
$ 10,983.00
#2 -window Blinds
#3 - Acoustical Panels and Tackable Panels
4 - New Vented Plaster Soffit Panels
5 - Acoustical Ceilin Panels
6 -Gra hlc Film al Full Hei ht Vdndows
#7 -VCT TIe
F
#8 - Demountable Walls
#10 -HVAC Mana emenlS stem
#12 -LEDU hdn
#13 -Li htnin Protedian
#14 -Roof To Unit Anal sis
#15 - Addendum #2 work at room 228
#16- Addendum#4 -Re lace 2light poles
Q
W
Addendum p3
p
Addendum #4
Q
z
Z
U
K
a
z
Fully executed Prs osal Form
W
Supplemental Instructions to bidders
r
j
Business Relationship
Q
0
Competitive Bid BContrast Affidavit
LL
Q
Felony BSez Offender Affidavit
Apparent Law Bidder $103,673
Budget $107,524
Variance $3,851
Owasso City Hall Bid Day 6- 11- 15.xlsx
611112015
Apparent Low Bidder $10,042
Budget $7,800
Variance ($2.242)
Waterproofing, Damproofing, Sealants
Budget
GK WP
Base Bid
$7,800
$10,042
U,
Bond Lump Sum (ind. in Base Bid)
2
V
y
Bid to Budget Variance
$2,242
($7,800)
($7,800)
($7,800)
($7,800)
($7,800)
Rank
NIA
1
Percent from low bidder
WA
ow
Alt #1- Community Room Casework
Alt. 42 -Wndow Blinds
Alt. 93 - Acoustical Panels and Tackable Panels
All #4 - New Vented Plaster soffit Panel.
Alt #5 - Acoustical Ceiling Panels
Alt #6- Graphic Film at Full Height Windows
N
Alt #7 - VCT Tile
W
Q
AI[ #8 - Demountable Walls
2
K
Alt #10 -HVAC Management S stem
W
J
Alt #12 -LEI) Lighting
a
Alt #13 - Lightning Protection
Alt #14 -Roof Top Unit Analysis
Alt #15 - Addendum #2 work at room 228
Alt #16- Addendum #4 -Replace 2light poles
a
v
W
Addendum #3
p
Addendum #4
a
z
z
U
K
a
f
z
Fully executed Proposal Form
Supplemental Instructions to bidders
r
j
Business Relationship
a
O
Competitive Bid 8 Contract AffitlaWl
LL
Q
Felony 85ez Offender Affidavit
Apparent Low Bidder $10,042
Budget $7,800
Variance ($2.242)
Owasso City Hall Bid Day 6- 11- 15.xlsx
6/11/2015
Apparent Low Bidder S1D,380
Budget 55,440
Variance (34,940)
Roofing (Built Up Option)
Budget
Alpine Roofing
Saratoga
Base Bid
$5,440
$19,380
$12,700
to
Bond Lump Sum find. in Base Bid)
Z
U
InGUtles WP
DM-
Bid to Budget Variance
84,940
$7,260
(85,440)
(55,440)
(55,440)
($5,440)
($5,440)
Rank
NIA 1
t
3
Percent from low bidder
NIA
VA
utt
AIL #1- Community Room Casework
AIL #2 - W ndow Blinds
Alt #3 - Aocustiwl Panels and Tackable Panels
Alt 44 - New Vented Plaster Soffit Panels
Alt #5 - Acoustical Ceiling Panels
AIt#6 -bra hie Flm at Full Height OMntlows
W
Alt #7 -VCT Tile
Q
Alt #8 - Demountable Walls
z
W
Alt #10 -KVAC Management S slam
j
Alt #12 -LED Lighting
a
Aft #13 -LI Mnln Protecton
Aft #14 -Roof Top Unit Analysis
All #15 - Addendum #2 work at mom 228
Alt #16- Addendum #4 -Replace 211 ht poles
a
O
W
Addendum if3
p
Addendum #4
a
u
z
U
IY
a
z
Fully ezaouled Pm sal Form
W
Supplemental lnsWotions la bidders
F
S
Business Relationship
a
�
Com etitive Bid 8 Contraq Affidavit
LL
Q
Felony 85ez Offender Affitlavit
Apparent Low Bidder S1D,380
Budget 55,440
Variance (34,940)
6/1112015
.,....,«.. MW Nall Bid DaV 6- 11- 15.xlsx
$13,600
Apparent Low Bidder $6,270
Budget (57,330)
Vwanc
Owasso City Hall Bid Day 6- 11- 15.xlsx
611112015
Apparent Low Bidder $12,780
Budget $12,80D
Variance $20
Wood Doom (Materials)
Budget
American Mill
Felix Thompson
Precisiion Door
Wndor
Base Bid
$12,800
$12.7W
$12,805
$21,400
$14,134
C7
Bond Lump Sum (ind. in Base Bid)
Z
V
y
Bid to Budget Variance
($20)
$5
$8,600
$1,334
($12,800)
($12,600)
Rank
N/A
1
2
4
3
Percent from low bidder
WA
ax
ax
6rw
nw
Alt. #1- Communi Room Casework
AIL #2 - V.lndow Blind.
AIL #3 - Acoustical Panels and Taokable Panels
Alt #4- New Vented Plaster Soffit Panels
All #5 - Acoustical Collin Panels
Alt #6 -Gra hic Film at Full Hei ht Wridows
m
W
Alt #7. VCT T,le
Q
All #B - Demountable Walls
Z
K
Alt #10 -HVAC Mana emenlS stem
W
J
Alt #12 -LED Li hgn
a
All #13 -Li htnin Protection
Alt #14 -Roof To Unit Anal sis
Alt #15 - Addendum #2 work at roam 228
$ 491.00
1
$ 444.00
Alt #16- Addendum #4- Replace 2light poles
Q
D
W
Addendum #3
p
Addendum f4l
a
0
Z
U
K
a
F
z
Fully executed Proposal Fenn
N
Supplemental Instructions to bidders
F
j
Business Relationship
Q
D
Competitive Bid 8 ConVact Alfitlavil
LL
Q
Felony 8 Sex Offender Affidavit
Apparent Low Bidder $12,780
Budget $12,80D
Variance $20
Owasso City Hall Bid Day 6- 11- 15.xlsx
611112015
Apparent Lax Bidder $39,210
Budget $41,000
Variance 51,790
Hardware (Supply)
Budget
Felix Thompson
Mumay Womble,
Base Bid[
541,000
$39,846
539,210
0
Bond Lump Sum (incl. in Base Bid)
Z
V
a
Bid to Budget Variance
(51,154)
($1,790)
($41,000)
(541,000)
(541,000)
(541,000)
Rank
NIA
2
Percent from law adder
NIA
2%
o55
AIL #1- Community Room Casewark
AIL #2 - Wlrrdaw Blinds
ALL #3 - Acoustical Panels and Tackable Panels
Alt #4- New Vented[ Plaster Soffit Panels
Alt #5- Acoustical Calling Panels
Alt#6 -Graphic Film at Full Height Windows
w
Aft #7 -VCT Tile
Q
Z
K
Alt #a - Demounlable Walls
$ 230.00
Alt #10 -HVAC Management S stem
W
j
Ali #12 -LED Lighting
a
Alt #13 -Lightning Protection
Aft #14 -Roof Top Unit Analysis
All #15 - Acclamation #2 work at room US
$ 211.00
Alt #16 - Addendum Replace 2light pates
a
0
W
Addendum #3
p
Addendum #4
Q
Z
U
K
a
z
Fully executed Proposal Form
N
Supplements[ Instruction to bidders
f
j
Business Rela0anshi
Q
O
Cam etitive Bitl 8 Conlrad Affidavit
LL
Q
Felo 85ex Otfentler AftitlaWt
5214,000.00
WoocVHM
Apparent Lax Bidder $39,210
Budget $41,000
Variance 51,790
Owasso City Hall Bid Day 6- 11- 15.xlsx
611112015
Apparent Low Bidder $4,842
Budget $13,000
Variance $8,158
Coiling Doors
Budget
TOD
Murray Womble
Base Bid
813,000
$4,842
$12,174
tJ.
Bond Lump Sum (incl. in Base Bid)
Z
U
LL
Bid to Budget Variance
($8,158)
($826)
($13,000)
($13,000)
($13,000)
($13,000)
Rank
NIA
1
2
Percent from low bidder
NIA
ax
151%
Alt. #1- Community Room Casework
Alt #2 -Wndow Blinds
Alt #3 - Acoustical Panels and Tackable Panels
Alt #4 - New Vented Plaster Soffit Panels
Alt #5 - Acoustical Ceiling Panels
Alt #6 -Graphic Film at Full Height Wridows
W
W
Alt #7 -VCT Tile
4
All #e - Demountable Walls
Z
Alt #t0 -HVAC Management S stem
W
J
Alt #12 -LED Lighting
Q
Alt #13 - Lightning Protection
Alt #14 -Roof Top Unit Analysis
Alt #15 - Atltlentlum #2 work at room 228
Alt Nib- Addendum Replace 211 hl pales
Q
W
Addendum #3
p
Addendum fb
Q
f0
Z
U
K
a
r
z
Fully executed Pra osal Form
Supplemental instructions to bidders
r
j
Business Relatienshi
Q
O
Competitive Bid $Contract Affidavit
LL
Q
Felon u$BX OHentler Affidavit
Apparent Low Bidder $4,842
Budget $13,000
Variance $8,158
Owasso City Hall Bid Day 6- 11- 15.xlsx
6/11/2015
Apparent Low Bidder $80,000
Budget $84,520
Varian. $4,520
Storefront Glass & Glazing
Budget
Allowance
Base Bid
$84,520
$80,000
V.
Bond Lump Sum (ind. in Base Bid)
Z
U
1
Bid to Budget Varian.
($4,520)
($84,520)
($84,520)
($84,520)
($84,520)
($84,520)
Rank
N/A
t
Percent from low bidder
N/A
#x
Alt #1- Community Room Casework
AIL 112 - W ndo. Blinds
AIL 43 - Acoustical Panels and Tackable Panels
At #4 - New Vented Plaster Soffit Panels
Alt #5- Acoustical Coiling Panels
Alt#6 -Gra hic Film at Full Height Wndows
W
Alt #7 -VCT Tile
W
Q
Alt #8- Demountable Walls
Z
C
Alt #10 -HVAC Management S stem
w
j
Alt #12 -LED Lighting
a
Alt #13 - Lightning Protection
Alt #14 -Root Top Unit Analysis
Alt #15 - Addendum 42 woric at mom 228
Alt #16- Addendum Ill -Replace 2light poles
a
D
w
Atltlantlum il3
p
Addendum lW
a
Z
z
U
K
a
1-
z
Fully executed Proposal Farm
y
Supplemental Instructions to bidders
H
j
Business Relationshl
a
O
Competitive Bid & Contrdq Affidavit
LL
Q
Felon BSex O #ender Affitlavil
Apparent Low Bidder $80,000
Budget $84,520
Varian. $4,520
Owasso City Hall Bid Day 6- 11- 15.xlsx
6/11/2015
Apparent Law Bidder $188,700
Budget $137,849
Variance ($50,851)
Framing, Drywall and Ceilings
Budget
SW Drywall
Wljo Interiors
Green Country
RLM
Base Bid
$137,849
$191,557
$188,700
$260,428
$329,800
(g
Bond Lump Sum (ind. in Base Bid)
Z
U
y
Bid to Budget Variance
$53,708
550,651
$122,577
$191,951
($137,849)
($137.849)
Rank
WA
2
1
s
4
cent from low bidder
N/A
2w
ox
sew
75%
#1- Communi Roam Casework
#2 -wnd. Blind.
# 3 - Acoustical Panels and Tackable Panels
$ 18,720.00
#4 - New Vented Plaster Soffit Panels
$ 13,607.00
5 6,750.00
$ 22,600.00
$ 5,814.00
#5 - Acoustical Ceilin Panels
$ 16,600.00
5 3,320.00
5 5,16200
#6 -Gra hic Film at Full Hei hl VWntlows
#7- VCTTle
F
#8 - Demountable Walls
#10 -HVAC Man. amentS stem
#12 - LED Li htin
#13 -Li htnin Protection
#14 -Roof To Unit Anal sis
#15 - Addendum #2 work al room 228
$ 2,570.00
5 3,200.00
$ 6,710.00
5 3,078.00
#16- Addendum#4 -Re lace 2light poles
Q
Z
Addendum #3
p
Addendum #4
a
z
z
U
K
a
z
z
Fully executed Proposal Form
W
Supplemental Instrudons to bidders
H
j
Business Relationship
Q
[0
Competitive Bid BContract Affidavit
LL
Q
Felony 8Sex 0 #antler Affitlavil
Apparent Law Bidder $188,700
Budget $137,849
Variance ($50,851)
Owasso City Hall Bid Day 6- 11- 15.xlsx
611112015
Apparent Low Bidder $131,761
Budget $157,349
Variance $25,588
Flooring (Resilient, Carpet, Ceramic, Wood)
Budget
PT Enterprises
Stock
Canal's
R&R
All Commercial
Base Bid
$157,349
$162,270
$155,000
$136,935
$131,761
$142,230
00
Bond Lump Sum (ind. in Base Bid)
Z
U
d
Bid to Budget Variance
$4,921
($2,349)
($20,414)
($25,588)
($15,119)
($157,349)
Rank
N/A
5
4
2
1
a
Percent from low bidder
NIA
23%
1e%
4%
c%
a%
AIL #1 - Communi Room Casework
AIL 412 - Wndow Blinds
AIL #3 - Acoustical Panels and Tackable Panels
Alt #4- New Vented Plaster Soffit Panels
Alt #5 - Acoustical Ceiling Panels
Alt#6 -Gra hic Film at Full Height Wndows
W
Alt #7 -VCT Tile
$ 12,448.00
It 14,600.00
$ 15,116.00
5 20,541.00
$ 19,626.00
Q
All #8 - Demountable Walls
Z
W
Alt #10 -HVAC Management S stem
W
j
Alt #12 -LED Lighting
a
Alt #13 - Lightning Protection
Alt #14 -Root Top Unit Analysis
Alt #15 - Addendum #2 woA at room 228
Alt #16- Addendum #,I -Replace 2light poles
a
D
Z
Addendum 713
p
Addendum #4
a
z
z
U
K
a
F
z
Fully executed Pro osal Form
ur
Supplemental Instructions to bidders
r
j
Business Relationship
a
O
Competitive Bid BContract Affitlavit
LL
<
Fel any BSex O #entlerAMtlavit
d
I --
I
-----------
Apparent Low Bidder $131,761
Budget $157,349
Variance $25,588
6111/2015
city Hall Bid Day 6- 71- 15.xlsx
$61.000
Apparent Low Bidder $5B,335
Budget ($2,665)
Vadame
Owasso City Hall Bid Day 6- 11- 15.xlsx
611112015
Apparent Low Bidder $38,192
Budget $25,500
Variance ($12,692)
Doors & Specialties Install
Budget
Nabholz
Base Bid
$25,500
$38,192
a
Bond Lump Sum (nd. in Base Bid)
z
U
M
Bid to Budget Variance
$12,692
($25,500)
($25,500)
($25,500)
($25,500)
(525.500)
Rank
WA
t
Percent from law bidder
WA
ow
Aft. #1 -Community Room Casework
AIL #2 - Wndow Binds
Alt. #3 - Acoustical Panels and Tackable Panels
All #4 - New Vented Plaster Soffit Panels
Alt #5 - Acoustical Ceiling Panels
Aft#6-GraiphimFil m at Full Height Windows
N
W
Alt #] -VCT Tile
Q
Alt #8 - Demountable Walls
z
K
Alt #10 -HVAC Management S stem
W
J
Alt #t2 -LED Lighting
a
Alt #13 - Lightning Prmtecfion
Alt #14 -Roof Top Unit Anal y"
Alt #15 - Addendum #2 work at room 228
Alt #16- Addendum #4 -Replace 2light poles
a
O
W
Addendum #3
p
Addendum #4
a
z
z
U
K
a
r
z
Fully executed Proposal Form
y
Supplemental lnsaudons to bidders
r
j
Business Relafionshi
a
O
Competitive Bid a CanUaml Affidavit
LL
Q
Felon 8Sex 0 #antler Atfitlavit
Apparent Low Bidder $38,192
Budget $25,500
Variance ($12,692)
Owasso City Hall Bid Day 6- 11- 15.xlsx
6/11/2016
Apparent Low Bidder $20,000
Budget $8,600
Varance ($11,400)
Signage
Budget
Allowance
Base Bid
$8,600
520,000
0
Band Lump Sum incl. in Base Bid)
Z
U
S
Bid to Budget Variance
$11,400
($8,WD)
($8,600)
($8,600)
($6,600)
($8,600)
Rank
N/A
t
Percent from low bidder
N/A
0%
AIL #1 - Community Room Casework
Alt. #2 - Window Blinds
Alt. #3 - Acoustical Panels and Tactcable Panels
Alt #d - New Vented Plaster Soffit Panels
Alt #5 - Acoustical Ceiling Panels
Alt #6 -Graphic Film at Full Height Wncows
rn
w
Alt #7 -VCT Tile
Q
Alt#8- Demountable Walls
2
K
Alt #70 -HVAC Management S stem
w
j
Alt #12 -LED Lighting
a
All #13 - Lightning Protection
Alt #14 -Roof Top Unit Analysis
Alt #15 - Adtlentlum #2 work at room 228
Alt #16- Addendum #4 -Replace 2light poles
a
0
W
Addendum #3
C
Addendum ild
Q
z
2
U
C
a
Z
Fully exewted Pro os ll Form
W
Supplemental Instructions to bidders
r
j
Business Relationship
Q
O
Competitive Bid 8 Contract AfatlaWt
LL
Q
Felony 8 Sax 0 #antler Affidavit
Apparent Low Bidder $20,000
Budget $8,600
Varance ($11,400)
Owasso City Hall Bid Day 6- 11- 15.xlsx
6/11/2015
Apparent Law Bidder $14,912
Budget $25,480
Variance $10,568
Toilet Compartments & Accessories
Budget
YI Spec
Precision
Felix
Munay Womble
Wood Systems
Base Bid
$25,480
$20,496
$14,912
$15,561
$20.806
$18,000
W
Bond Lump Sum (incl. in Base Bid)
2
U
p
Bid to Budget Variance
($4.984)
($10,568)
($9,919)
($4,674)
($7,480)
($25,480)
Rank
N/A
4
1
2
5
a
cent from low bidder
N/A
37%
0%
4%
40%
21%
AIL #1 Room Casework
#2 -NMdow Blinds
#3 - Acoustical Panels and Tackable Panels
4- New Vented Plaster Soffit Panels
5 - Acoustical Catlin Panels
#6 -Gra Graphic Film at Full Height Vdndows
#7 -VCT TIe
Fdd
#8 - Demountable Walls
#10 -HVAC Mane ement5 stem
#12 -LEDU hun
#13 -Li htnin Protection
#14 -Roof To Unit Anal sis
#15- Atltlentlum #2 work at room 228
#16 - Atltlentlum #4 -Re lace 2light poles
Q
O
Z
Addendum 43
p
Addendum #4
6
ED
Z
U
K
a
z
z
Fully executed Proposal Form
y
Supplemental Instructions to bidders
H
j
Business Relationship
Q
D
Competitive Bid 8 Do0traci Affitlavit
LL
Q
Felony BSez O#antler Atfitlavit
Apparent Law Bidder $14,912
Budget $25,480
Variance $10,568
Owasso City Hall Bid Day 6- 11- 15.xlsx
6/1112015
Apparent Low Bidder $0
Budget $40,000
Variance $40,000
Demountable Partitions
Budget
L&M
Base Bid
840,000
$a
Lg
Bond Lump Sum gncl. in Base Bid)
2
U
M
Bid to Budget Variance
($40,000)
($40,000)
($40,000)
($40,000)
($40,000)
(340,000)
Rank
N/A
1
Percent from low bidder
N/A
#olwe!
AIL 91 - Community Room Casework
AIL #2 - Wmdow Blinds
AIL #3 - Acousticel Panels and Tackable Panels
Alt #4 - New Vented Plaster Soffit Panels
Alt i15- Acoustical Ceiling Panels
Alt #6 - Graphic Film at Full Height Windows
0
w
Alt #7 - VCT Tile
Q
All #8- Demountable Walls
$ 43,009.00
z
K
Alt #10 -HVAC Management S stem
w
j
Alt #12 -LED Lighting
a
Alt #13 - Lightning Protection
Alt #14 -Roof Top Unit Analysis
Alt #15- Addendum #2 work at roam 228
Alt #16- Addendum #4 -Replace 2light poles
a
0
W
Addendum #3
p
Addendum #4
a
z
U
C
a
1-
2
7
Fully executed Proposal Farm
y
Supplemental Instructions to bidders
ti
j
Business Relationship
a
I]
Cam e0live Bitla DOnlmd Affitlavit
LL
Q
Felen aSex Offender Affidavit
Apparent Low Bidder $0
Budget $40,000
Variance $40,000
Owasso City Hall Bid Day 6- 11- 15.xlsx
611112015
Apparent Low Bidder $2,132
Budget $2,700
Variance $566
Fire Extinguishers & Cabinets
Budget
Wood Systems
Felix Thompson
Base Bid
$2,700
$2,132
$2,910
C7
Bond Lump Sum (ind. in Base Bid)
2
U
M
Bid to Budget Variance
($568)
$210
($2,700)
($2,700)
($2,700)
($2,700)
Rank
N/A
1
2
Percent from low bidder
WA
0%
asw
Alt. #1- Community Room Casework
AIL i - Wmtlew Blinds
AIL 93 - Acoustical Panels and Tackable Panels
Alt #4 - New Vented Plaster Soffit Panels
Alt #5- Acoustical Ceiling Panels
AIM -Graphic Film at Full Height Wndows
N
W
Alt #7 -VCT Tle
Q
All #8 - Demountable Walls
2
K
Alt #10 -HVAC Management S stem
W
�
Alt #12 -LED Lighting
a
Alt #13 -Li Mein Protection
Alt #14 -Roof Top Unit Analysis
Alt #15- Addendum #2 work at room 228
Alt #16- Addendum #4 -Re lace 2light poles
a
O
W
Addendum #3
p
Addendum #4
a
z
2
U
K
a
z
z
Fully executed Pro oral Farm
do
Supplemental Instructions to bidders
r
j
Business Relationship
a
o
Competitive Bid 8 Contract Affidavit
LL
Q
Felony 85ex ORentler Affidavit
Apparent Low Bidder $2,132
Budget $2,700
Variance $566
611112015
_._ ........a n.... e_9L15z15X
$12,68e
Apparent Low Bldder 515,540
Budget 52.844
Vananoe
Owasso City Hall Bid Day 6- 11- 15.xlsx
6N7/2015
Apparent Law Bidder $93,350
Budget $92,806
Variance ($544)
Fire Suppression
Budget
Supenor
MAC
Premier
Base Bid
$92,808
$93,700
$93,350
$112,900
l7
Bone Lump Sum (incl. in Base Bid)
z
U
IX
Bid to Budget Variance
$894
$544
$20,094
($92,806)
($92,806)
($92,806)
Rank
N/A
2
1
3
Percent from low bidder
N/A
0%
me
21%
AIL #1 - Community Roam Casework
All #2 - Window Blind.
AIL #3 - Acoustical Panels and Tackable Panels
Alt #4 - New Vented Plaster Soffit Panels
Alt #5- Acoustical Coiling Panels
Alt #6 -Graphic Film at Full Height Windows
0
IM
Alt #T -VCT Tile
Q
Alt #8 - Demountable Walls
z
K
Alt 410 - HVAC Management System
W
j
Alt #12 -LED Lighting
Q
Alt #13 - Lightning Protection
Alt #14 -Roof Top Unit Analysis
Alt #15- Addendum #2 work at room 228
Alt #16- Addendum #4 -Replace 2light poles
a
0
W
Addendum 43
p
Addendum *P1
a
z
z
U
K
a
f
z
Fully executed Proposal Form
GO
Supplemental lns0uebons to bidders
H
j
Business Relation hip
Q
D
[GonnRebtive Bid 8 Contract Affidavit
LL
Q
IFelony &Sex Offender Affidavit
Apparent Law Bidder $93,350
Budget $92,806
Variance ($544)
Owasso City Hall Bid Day 6- 11- 15.xlsx
6/11/2015
Apparent Low Bidder $68,700
Budget $124,625
Variance $55,925
Plumbing
Budget
Owasso Service
Shoemaker
All American
OCE Me&
Base Bid
$124,625
$88;700
$104,742
.$82;280
$87,000
a
Band Lump Sum (inU. in Base Bid)
Z
U
y
Bid to Budget Variance
($55,925)
($19,883)
($42,345)
($37,625)
($124,625)
($124625)
Rank
N/A
t
4
a
Percent from low bidder
N/A
ax
saw
nx
AIL #1 - Community Room Casework
AIL #2 - Window Blinds
Alt. #3 - Acoustical Panels and Tadkable Panels
Alt #4- New Vented Plaster Soffit Panels
Alt #5 - Acoustical Ceiling Panels
Alt #6 -Graphic Film at Full Height Wndows
W
w
Alt #7 -VCT Tile
Q
Alt #8 - Demountable Walls
2
C
Alt #10 -HVAC Management S stem
W
j
Alt #12 -LED Li hlin
Q
All #13 - Lightning Protection
Alt #14 -Roof Top Unit Analysis
Alt 915 - AddeMUm #2 work at room 228
Alt #16- Addendum #4 -Re lace 2light poles
6
O
W
Addendum #3
p
Addendum #4
6
z
2
U
K
6
z
2
Fully executed Proposal Form
Supplemental Instructions to bidders
H
j
Business Relationshi
Q
O
Competitive Bid BContract Affidavit
LL
Q
Felony 85ex 0 #antler Affidavit
Apparent Low Bidder $68,700
Budget $124,625
Variance $55,925
Owasso City Hall Bid Day 6- 11- 15.xlsx
6/11/2015
Apparent Low Bidder $140,770
Budget $312,888
Variance $172,118
Heating, Ventilating, Air Conditioning
Budget
Shoemaker
Vision Air
OCE Mach
Platinum
Base Bid
$312,888
$262,589
$140,770
$200,000
$222,400
(g
Bond Lump Sum (ind. in Base Bid)
2
U
Bid to Budget Variance
(550,299)
($172,118)
($112,888)
($90,488)
($312,888)
(5312,886)
Rank
N/A
4
1
2
3
Peroent from law bidder
N/A
87%
o%
42%
59%
AIL #1 -Community Room Casework
Alt. #2 - Window Blinds
AIL #3 - Acoustical Panels and Tackable Panels
All #4 - New Vented Plaster Soffit Panels
Alt #5- Awusb.l Calling Panels
Alt #6 -Graphic Film at Full Height Wndows
N
w
Alt #7 -VCT Tile
Q
Alt #8 - demountable Wells
K
Alt #10 -HVAC Management S stem
S 24,109.00
$ 22,560.00
$ 30,000.00
$ 21,500.00
w
Alt #12 -LED Lighting
Q
Alt #13 - Lightning Protection
Alt #14 -Roof Top Unit Analysis
$ 2,274.00
S 3,612.00
no bid
$ 2,368.00
Alt #15 - Addendum #2 work at mom 228
Alt #16 - Addendum #4 -Re lace 2light poles
Q
D
W
Addendum #3
p
Addendum 44
a
u
z
U
K
a
z
Fully executed Proposal Farm
N
Supplemental Instructions to bidders
F
j
Business Relationship
a
G
Com efitive Bid 8 Contract Affidavit
LL
Q
Felon &Sex O #antler Affitlavil
Apparent Low Bidder $140,770
Budget $312,888
Variance $172,118
Owasso City Hall Bid Day 6- 11- 15.xlsx
6/1112015
Apparent Low Bidder $540,869
Budget $465,918
Variance (574,951)
Electrical & Low Voltage
Budget
All Star
Oil Capital
Addw
Lighthouse
Bid Base
$465, 918
$ 698,900
$695,000
$540,869
$629,500
Lg
Bond Lump Sum (in4. in Base Bid)
Z
U
QC
Bid to Budget Variance
$232,982
$229,082
$74,951
$163,582
($465,818)
($465,918)
Rank
WA
4
3
1
2
Percent from low bidder
WA
29%
28%
0%
taw
Alt #1- Community Room Casework
AIL 42 - Window Blinds
Alt. #3 - Awusboal Panels and Tac able Panels
Alt #4 - New Vented Plaster Soffit Panels
Alt #5- Awustiwl Ceiling Panels
Alt #6 -Graphic Film at Full Height WWndows
N
W
Alt #7 -VCT Tile
Q
Alt #8- Demountable Walls
5 61210.00
5 41,516.00
$ 4,620.00
Z
IY
Alt #10 -HVAC Management S stem
w
j
Alt #12 -LED Ughting Lighting
$ 30,000.00
$ 34,348.00
5 6,000.00
Q
Alt #13 -Lightning Pratection
$ 33,000.00
$ 21,248.00
$ 17,940.00
Alt #14 -Roof Top Unit Analysis
$ 800.00
Alt #15 - Addendum #2 work at room 228
S 500.00
Alt #16- Addendum #4 -Replace 2light poles
$ 3,200.00
5 1,500.00
Q
Z
Addendum #3
p
Addendum W
Q
w
Z
U
K
a
z
Full "routed Pro osal Form
W
Supplemental lnshuctions to bidders
ti
j
Business Relationship
Q
2
Comiselitive Bid BCOnlrap Affidavit
LL
Q
Felony 8Sex 0 #antler Affidavit
Apparent Low Bidder $540,869
Budget $465,918
Variance (574,951)
Owasso City Hall Bid Day 6- 11- 15.xlsx
6111/2015
Apparent Low Bidder $4,000
Budget $3,600
Variance (5400)
Pavement Markings
Budget
Allowance
Base Bid
S3,60o
$4.0100
(7
Bond Lump Sum incl. in Base Bid)
Z
U
y
Bid to Budget Variance
5400
($3,600)
($3,600)
($3,600)
(53,600)
($3,600)
Rank
N/A
1
Percent from low bidder
N/A
0%
Mt. #1- Communi Room Casework
Alt. #2 - Window Blinds
AIL #3 - Acoustical Panels and Tackable Panels
Alt #4 - New Vented Plaster Soffit Panels
Alt #5 - Acoustical Calling Panels
Alt #6 -Graphic Film at Full Height Windows
N
Alt #7 -VCT Tile
W
Q
Z
K
Alt #B- Demountable Walls
Alt #10 -HVAC Management S stem
W
�
Alt #12 -LED Lighting
a
Alt #13 - Lightning Protection
Alt #14 -Roof Top Unit Analysis
Alt #15 - Addendum #2 work at mom 228
Alt #16 - Addendum Replace 2light poles
a
LU
Addendum #3
p
Addendum #4
a
Z
z
U
K
a
r
z
Fully exemted Proposal Form
y
Supplemental Instructions to bidders
H
j
Business Reladonshi
a
O
Cam edtive Bid BContrast Atfitlavil
LL
Q
Felony 8 Sex Offender Af#tlaYM1
Apparent Low Bidder $4,000
Budget $3,600
Variance (5400)
Document A133Ta — 2009 Exhbt A
Guaranteed Maximum Price Amendment
for the following PROJECT:
(Name and address or location)
Owasso City Hall Renovations
ADDITIONS AND DELETIONS:
City Hall Renovation
The author of this document has
76th Street North
added information needed for its
Owasso, OK 74055
completion. The author may also
have revised the text of the original
THE OWNER:
AIA standard form. An Additions and
(Name, legal status and address)
Deletions
Deletions Report that notes added
as well as revisions to
City of Owasso
the standard form text is available
I t I N. Main
from the author and should be
reviewed. A vertical line In the left
Owasso, OK 74055
margin of this document Indicates
where the author has added
THE CONSTRUCTION MANAGER:
necessary information and where
(Name, legal status and address)
the author has added to or deleted
from the original AIA text.
Nabholz Construction Services
10319 54th Street
This document has important legal
Tulsa, OK
OK 74146
consequences. Consultation with an
attorney is encouraged with respect
ARTICLE Al
to its completion or modification.
§ AAA Guaranteed Maximum Price
AIA Document A201Ta -2007,
Pursuant to Section 2.2.6 of the Agreement, the Owner and Construction Manager hereby
General Conditions of the Contract
amend the Agreement to establish a Guaranteed Maximum Price. As agreed by the
far Construction, is adopted in this
Owner and Construction Manager, the Guaranteed Maximum Price is an amount that the
document by reference, Do not use
Contract Sum shall not exceed. The Contract Sum consists of the Construction Manager's
with other general conditions unless
Fee plus the Cost of the Work, as that term is defined in Article 6 of this Agreement.
this document is modified,
§ A.1.1.1 The Contract Sum is guaranteed by the Construction Manager not to exceed
Two Million Six Hundred Thousand Dollars and Zero Cents ($ 2,600,000.00 ), subject to
additions and deductions by Change Order as provided in the Contract Documents.
§ A.1.1.2 Itemized Statement of the Guaranteed Maximum Price. Provided below is an
itemized statement of the Guaranteed Maximum Price organized by trade categories,
allowances, contingencies, alternates, the Construction Manager's Fee, and other items
that comprise the Guaranteed Maximum Price.
(Provide below or reference an attachment.)
See Exhibit A
§ A.1.1.3 The Guaranteed Maximum Price is based on the following alternates, if any,
which are described in the Contract Documents and are hereby accepted by the Owner:
(State the numbers or other identification of accepted alternates. V the Contract
Documents permit the Owner to accept other alternates subsequent to the execution of
this Amendment, attach a schedule ofruch other alternates showing die amount for each
and the date nhen the amount aspires.)
Alt. #1 - Community Room Casework $ 10,983.00
[nit. AIA Document A133m —2009 Exhibit A. Copyright ®1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This
AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this PIA'- Document, or
any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This
/ document was produced by AIA software at 16:52:58 on 06130/2015 under Order No. 1269976803_1 which expires on 0511412016, and is not for resale.
User Notes: (1632655437)
Alt #4 - New Vented Plaster Soffit Panels $ 6,750.00
Alt #8 - Demountable Walls
$
43,009.00
Alt #10 - HVAC Management System
$
22,560.00
Alt #12 - LED Lighting
$
34,348.00
Alt #14 - Roof Top Unit Analysis
$
3,612.00
Alt #15 - Addendum #2 work at room 228
$
3,561.00
§ A.1.1.4 Allowances included in the Guaranteed Maximum Price, if any:
(Identify allowance and state exclusions, ifany, from the allowance price.)
Item Price ($0.00)
Storefront Glass and Glazing
$
83,000.00
Signage
$
20,000,00
Concrete Trench Patch
$
9,500.00
Sodding and Landscaping
$
12,925.00
§ A.1.1.5 Assumptions, if any, on which the Guaranteed Maximum Price is based:
Not Applicable
§ A.1.1.6 The Guaranteed Maximum Price is based upon the following Supplementary and other Conditions of the
Contract:
Document Title
Date
§ A.1.1.7 The Guaranteed Maximum Price is based upon the following Specifications:
(Either list the Specifications here, or refer to an exhibit attached to this Agreement.)
Title of Specifications exhibit: Specifications dated April 27, 2015 by BKL Architects
Section
Title
Date
§ A.1.1.8 The Guaranteed Maximum Price is based upon the following Drawings:
(Either list the Drawings here, or refer to an exhibit attached to this Agreement.)
Title of Drawings exhibit: See Exhibit B - Plans dated April 27, 2015 by BKL Architects
Number
Title
Date
Pages
Pages
§ A.1.1.9 The Guaranteed Maximum Price is based upon the following other documents and information:
(List any other documents or information here, or refer to an exhibit attached to this Agreement.)
Addendum #1 dated 6 -2 -15
Addendum #2 dated 6 -5 -15
Addendum #3 dated 6 -8 -15
Addendum #4 dated 4-9 -15
ARTICLE A.2
§ A.2.1 The anticipated date of Substantial Completion established by this Amendment:
Substantial Completion will be 300 days from Notice to Proceed
Init. AM Document A133 - -2009 Exhibit A. Copyright ®1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This
At A" Document is protected by U.S. Copyright Law and International Treaties. Unauthoriznd reproduction or distribution of Ihis Al A- Docurnenl, or
any poninn of it, may result in severe civil and criminal penalties. and will be prosecuted to the maximum extent possible under the law. This
/ document was produced by AIA software at 16:52:58 on 05/3012016 under Order No.1269976e03 1 which expires on 05/14/2016, and Is not for resale.
User Notes: — (1632655437)
OWNER (Signature)
Jeri Moberly, Mayer of Owasso
(Printed name and title)
Attest (Signature) _
CONSTRUCTION MANAGER (Signature)
Shane Fernandez, President
(Printed name and title)
(Signature)
Ieif. AIADowment A133TM -2009 Exhibit A. Copyright® 1991, 2003 and 2009 by The American Institute of Architects. All rightsresemed.'nnRluiNG This
AIA,. Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AA'- Document. o,
any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Thls
t document was produced by AlA software at 16:52:68 on 08/3012015 under Order No. 1269976803 1 which expires on 0511412016, and is not for resale.
User Notes:
(1632855437)
Additions and Deletions Report for
AIAO Document A133"m— 2009 Exhibit A
This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has
added to the standard form AIA document In order to complete it, as well as any text the author may have added to or deleted from
the original AIA text. Added text is shown underlined. Deleted text Is Indicated with a horizontal line through the original AIA text.
Note: This Additions and Deletions Report Is provided for information purposes only and is not Incorporated Into or constitute any
part of the associated AIA document. This Additions and Deletions Report and its associated document were generated
simultaneously by AIA software at 16 :52:58 on 0 613 01201 5.
PAGE
Owasso City Hall Renovations
City Hall Renovation
76th Street North
Owasso, OK 74055
City of Owasso
1 l l N. Main
Owasso, OK 74055
Nabholz Construction Services
10319 East 54th Street
Tulsa. OK 74146
§ A.1.1.1 The Contract Sum is guaranteed by the Construction Manager not to exceed Two Million Six Hundred
Thousand Dollars and Zero Cents ($ 2.600.000.00 ), subject to additions and deductions by Change Order as
provided in the Contract Documents.
See Exhibit A
Alt. #1 - Community Room Casework
$
10.983.00
Alt #4 - New Vented Plaster Soffit Panels
$
6.750.00
Alt #8 - Demountable Walls
$
43,009.00
Alt #10 - HVAC Management System
$
22.560.00
Alt #12 - LED Lighting
$
34.348 00
Alt #l4 - Roof Too Unit Analysis
$
3.612.00
Alt #15 - Addendum #2 work at room 228
$
3.561.00
PAGE
Storefront Glass and Glazing $ 83,000.00
Signage $ 20,000.00
Additions and Deletions Report for AIA Document A1133TM —2009 Exhibit A Copyright 01991, 2003 and 2009 by The American Institute of Architects. All
rights reserved. WARNING: This AIA', Document is protected by LLS. Copyright Law and International Treaties. Unauthorized reproduction or
distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum
extent possible under the law. This document was produced by ALA software at 16:52:58 on 06/30/2015 under Order No.1269976803_1 which expires on
0.511412018, and is not for resale.
User Notes: (1632655437)
Concrete Trench Patch
Sodding and Landscaping
Not Appticable
$ 9.500.00
$ 12 925.00
Title of Specifications exhibit: Specifications dated April 27, 2015 by BKL Architects
Title of Drawings exhibit: See Exhibit B - Plans dated April 27 2015 by BKL Architects
Addendum #I dated 6 -2 -15
Addendum #2 dated 6 -5 -15
Addendum #3 dated 6 -8 -15
Addendum #4 dated 4 -9 -15
Substantial Completion will be 300 days from Notice to Proceed
PAGE
Jeri Moberly. Maver of Owasso
Attest (Si nature)
Shane Femandez, President
Attest (Signature)
Additions and Deletions Report for AlA Document A133nr -2009 Exhibit A. Copyright ®1991, 2003 and 2009 by The American Institute of Architects. All
tights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and lidernalional Treaties. Unauthorized reproduction nr
distribution of this AIA= Document, or any portion of it, may result in severe civil and Criminal penalties, and will be prosecuted to the maximum
extent possible under the law. This document was produced by ALA software at 16:52:59 on 06/3012015 under Order No.1269976803 1 which expires on
05114 @016, and is not for resale. —
User Notes: (1632655437)
Certification of Document's Authenticity
AIA® Document D401Tm — 2003
I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document
simultaneously with its associated Additions and Deletions Report and this certification at 16:52:58 on 06/30/2015
under Order No. 1269976803 1 from AIA Contract Documents software and that in preparing the attached final
document I made no changes to the original text of AIA'' Document A133TM — 2009 Exhibit A, Guaranteed
Maximum Price Amendment, as published by the AiA in its software, other than those additions and deletions
shown in the associated Additions and Deletions Report.
(Title)
(Dated)
AIA Document 0401°'- 2003. Copyright ®1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AlA= Documentis
protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it.
may, result in severe civil and criminal penalties. and will be prosecuted to the maximum extent possible under the law. This document was produced by
AIA software at 16:52:58 on 06130/2015 under Order No.1269976803_t which explres on 0 511 4 /2 01 6, end is mt for resale.
User Notes: (1632655437)
Owasso City Hall Renovations
Exhibit A
June 30, 2015
Bid Package
Bid Package Description
Actual Bid
Responsive
009.02.01
Building Demolition
$ 72,015.00
DT S ecialized
009.03.01
Concrete
$ 45,533.75
Quote - Everthln Cone.
009.04.01
Masonry
$ 133.000.00
Brazeal Masonry
009.05.01
Structural Steel (materials & erection)
$ 44,000.00
Nabholz Construction
009.06.03
009.07.01
Millwork and Cabinetry
Waterproofing, Damproofing, Joint Sealants
$ 103,673.00
$ 10,042.00
Wood Systems
Oklahoma Waterproofing
009.07.04
Roofing, Flashing, Sheetmetal (Cold Built -Up)
$ 10,380.00
Alpine Roofing
009.08.01
Hollow Metal Doors & Frames (Supply)
$ 13,600.00
Butlers Supply
009.08.02
Wood Door (Supply)
$ 12,780.00
American Millwork
009.06.03
Door Hardware (Supply)
$ 39,210.00
Murra Womble
009.08.04
Coiling CHID Doors
$ 4,842.00
Tulsa Overhead Door
009.08.05
Storefront, Glass and Glazing
$ 83,000.00
Allowance
009.09.01
Light Gauge Framing, Drywall & Acoustical
$ 188,700.00
W iljo Interiors
009.09.03
Flooring (Resilient, Carpet, Ceramic, Wood)
$ 131,761.00
R &R Tile and Carpet
009.09.05
Painting & Wallcoverings
$ 61,000.00
Reiss Painting
009.10.01
Building Specialties (Install)
$ 38,192.00
Nabholz Construction
009.10.03
Signage(Turnkey)
$ 20,000.00
Allowance
009.10.04
Toilet Compartments and Accessories (Supply)
$ 14,912.00
Precision Door
009.10.05
Demountable Partitions
$ -
009.10.07
Fire Extinguishers and Cabinets (Supply)
$ 2,132.00
Wood Systems
009.12.01
Window Treatments
$ 12,696.00
Contract Drapery & Blind
009.21.01
Fire Suppression
$ 93,350.00
MACS stems
009.22.01
Plumbing
$ 68,700.00
Owasso Service Co.
009.23.01
Heating, Ventilation, Air Conditioning (HVAC)
$ 140,77100
Vision Air Services
009.26.01
Electrical & Fire Alarm
$ 540,869.00
Addco Electric Inc.
009.31.04
Pavement Markings
$ 3.680.00
Quote - Everthlng Cone.
Sub - Totals
$ 1,888,837.75
Allowances
Mechanical Equipment Repairs
Concrete Trench Patch Back
$ 9,500.00
Sodding & Landscaping
$ 12,925.00
Accepted Alternates
Alt. #1 - Community Room Casework
$ 10,983.00
Alt #4 - New Vented Plaster Soffit Panels
$ 6,750.00
Alt #8 - Demountable Walls
$ 43,009.00
Alt #10 - HVAC Management System
$ 22,560.00
Alt #12 - LED Lighting
$ 34,346.00
Alt #14 - Roof Top Unit Analysis
$ 3,612.00
Alt #15 - Addendum #2 work at room 228
Totals Subcontractor/Supplier Base Bid
$ 3,561.00
$ 2.036,08575
Preconstruction Fee
$ 5,000.00
General Conditions
$ 198.686.95
General Requirements
$ 68,711,00
Subcontractor Surety
Payment Bond
$ 14,000.00
General Liability
$ 21,250.00
Builders Risk
$ 1.920.00
5.00%
General Contractor's Fee
$ 117,282.68
Contingency
$ 137,063.62
Totals For Construction
$ 2.600.000.00
ai
0 66E
ME
a ai $�a gT LL
W s:: i�i� w 'm
if US M Hill M If
W8 F
= W m deg I W v) 56556 - w
9�
0
4
0
o
Z x
s
w
z
w
°v
co
in qq gg
Q
lees
A
°- =AlA Document A133" - 2009
Standard Form of Agreement Between Owner and Construction Manager as
Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed
Maximum Price
The Owner's Designated Representative:
(Name, address and other information)
Warren Lehr
City Manager
City of Owasso
111 N Main Street
Owasso, OK 74055
918- 376 -1500
The Construction Manager's Designated Representative:
(Name, address and other information)
Shane Fernandez
Nabholz Construction Corporation
10319 E 54i, Street
AIA Document A133--2009 (formedy A121" CMe — 2003). Copyright O 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved.
Init. WARNING: This AIA- Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA -
Document, or any portion of it, may result in Severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.
y This dmmentwas produced by AIA software at 09:39:54 on 01222015 under Order No.3345001306 1 which expires on 05/132015, and Is not for resale.
User Notes: (2035065221)
ADDITIONS AND DELETIONS:
AGREEMENT made as of the Twenty seventh day of January in the year 2015
The author of this document has
(!n words, indicate day, month and year.)
added Information needed for Its
completion. The author may also
BETWEEN the Owner:
have revised the text of the original
(Name, legal status and address)
AIA standard form. An Additions and
Deletions Repoli that notes added
it
City of Owasso
C
Information as well as revisions to the
N Main Street
Street
standard form text is available from
Owasso, OK
the author and should be reviewed. A
vedical line in the left margin of this
document indicates where the author
and the Construction Manager.
has added necessary Information
(Name, legal statrts and address)
and where the author has added to or
Nabholz Construction Corporation
deleted from the original AIA text.
10319 E 54i1 Street
Tulsa, OK 74146
This document has important legal
918 -632 -7200
consequences. Consultation with an
attorney is encouraged with respect
for the following Project:
to its completion or modification.
(Name and address or location)
AIA Document A201--2007,
General Conditions of the Contract
City Hall Renovation
for Construction, Is adopted in this
76t1 Street North
document by reference. Do not use
Owasso, OK 74055
with other general conditions unless
The Architect:
this document is modified.
(Name, legal status and adrh-ess)
BILK, Inc Architects and Engineers
1623 E 611 Street
Tulsa, OK 74120
The Owner's Designated Representative:
(Name, address and other information)
Warren Lehr
City Manager
City of Owasso
111 N Main Street
Owasso, OK 74055
918- 376 -1500
The Construction Manager's Designated Representative:
(Name, address and other information)
Shane Fernandez
Nabholz Construction Corporation
10319 E 54i, Street
AIA Document A133--2009 (formedy A121" CMe — 2003). Copyright O 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved.
Init. WARNING: This AIA- Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA -
Document, or any portion of it, may result in Severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.
y This dmmentwas produced by AIA software at 09:39:54 on 01222015 under Order No.3345001306 1 which expires on 05/132015, and Is not for resale.
User Notes: (2035065221)
Tulsa, OK 74146
918 -632 -7200
The Architect's Designated Representative:
(Name, address and other information)
Mr Kim D Reeve
BLK, Inc Architects and Engineers
1623 E 6 " Street
Tulsa, OK 74120
918- 835 -9588
The Owner and Construction Manager agree as follows.
AIA Document A133- — 2009 (fonnedy A121TMCWc — 2003). COpyri9hl O 1991, 2003 and 2009 by The American Insfitute of Architects. AIi rights reserved.
Init. WARNING: This AIAO Document Is protected by U.S. Copyright Law and Intemational Treatles. Unauthorized reproduction or distribution of this AAA* 1
Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum oxtonl possible under the law.
1 This document was produced by AIA software at 09:39:54 on 01222015 under Order N0.3345001309 1 which expires on 051132015, and is not for resale.
User Notes:
(2035055221)
TABLE OF ARTICLES
1 GENERAL PROVISIONS
2 CONSTRUCTION MANAGER'S RESPONSIBILITIES
3 OWNER'S RESPONSIBILITIES
4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES
5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES
6 COST OF THE WORK FOR CONSTRUCTION PHASE
7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES
8 INSURANCE AND BONDS
9 DISPUTE RESOLUTION
10 TERMINATION OR SUSPENSION
11 MISCELLANEOUS PROVISIONS
12 SCOPE OF THE AGREEMENT
ARTICLE 1 GENERAL PROVISIONS
§ 1.1 The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications, Addenda issued prior to the execution of this Agreement, other documents
listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract
and are as fully a part ofthe Contract as if attached to this Agreement or repeated herein. Upon the Owner's acceptance
of the Construction Manager's Guaranteed Maximum Price proposal, the Contract Documents will also include the
documents described in Section 2.2.3 and identified in the Guaranteed Maximum Price Amendment and revisions
prepared by the Architect and famished by the Owner as described in Section 2.2.7. The Contract represents the entire
and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements,
either written or oral. If anything in the other Contract Documents, other than a Modification, is inconsistent with this
Agreement, this Agreement shall govern.
§ 1.1.1 Construction Manager shall exercise the degree of care, skill and diligence in the performance of the
Construction Manager's Work, to assure its Work is performed in a good and workmanlike manner, consistent with
construction industry standards for similar projects and circumstances in the same geographic area (hereinafter the
"Construction Manager's Standard of Care "). The Construction Manager shall be responsible for and have control
over all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the
Construction Manager's Work under this Agreement, including all coordination of the duties of all trades, and shall
furnish efficient business administration and supervision of the Work.
Construction Manager's Standard of Care specifically excludes any design or design - related responsibilities, and any
action taken by Construction Manager under this Agreement does not and shall not be construed to approve, represent
or warrant the adequacy and suitability of the plans and specifications for the purpose for which they are provided.
§ 1.1.2 To the extent the Owner requests that the Construction Manager provide services within standard of care, such
as value analysis and/or constructability suggestions or comments with respect to the Drawings and Specifications,
Owner acknowledges that such services are advisory only and not professional design services. The Owner shall refer
al I suggestions and comments to the Architect or other design professionals for review and evaluation prior to Owner's
acceptance thereof. The Owner further acknowledges that the Construction Manager is not responsible for adequacy
of the drawings and specifications or for confirming the absence of errors or omissions that may exist therein. The
AIA Document A13V- — 2009 (formerly A121 -CMc —2003). Copyright ® 1991, 2003 and 2009 by The American Institute of Architects. All fights reserved.
IDIt WARNING: This AIAc Document is protected by U.S. Copyright Law and International Tmaties. Unauthorized reproduction or distribution of this AIA' 3
Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.
This document was produced by AIA software at 09:39:54 an 0112 212 01 5 under Order No.3345001306 1 which expires on 051132015, and is not far fesale.
User Notes:
(2035055221)
Owner shall cause the Architect to revise the Drawings and Specifications to reflect all value analysis and
constructabilily suggestions and comments accepted by the Owner without delay or disruption to the timely and
orderly progress of the work. The contract sum and contract time may be adjusted upon the Contractor's review and
pricing of the revised Drawings and Specifications.
§ 1.2 Relationship of the Parties
The Construction Manager accepts the relationship of trust and confidence established by this Agreement and
covenants with the Owner to cooperate with the Architect and exercise the Construction Manager's skill andjudgmmt
in furthering the interests of the Owner; to furnish efficient construction administration, management services and
supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in an
expeditious and economical manner consistent with the Owner's interests. The Owner agrees to furnish or approve, in
a timely manner, information required by the Construction Manager and to make payments to the Construction
Manager in accordance with the requirements of the Contract Documents.
§ 1.3 General Conditions
For the Preconstruction Phase, AIA Document A201T"' 2007 (as amended), General Conditions of the Contract for
Construction, shall apply only as specifically provided in this Agreement. For the Construction Phase, the general
conditions of the contract shall be as set forth in A201 -2007 (as amended), which document is incorporated herein by
reference. The term "Contractor" as used in A201-2007 (as amended) shall mean the Construction Manager.
ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES
The Construction Manager's Preconstruction Phase responsibilities are set forth in Sections 2.1 and 2.2. The
Construction Manager's Construction Phase responsibilities are set forth in Section 2.3. The Owner and Construction
Manager may agree, for the Construction Phase to commence prior to completion of the Preconstruction Phase, in
which case, both phases will proceed concurrently. The Construction Manager shall identify a representative
authorized to act on behalf of the Construction Manager with respect to the Project.
§ 2.1 Preconstruction Phase
§ 2.1.1 The Construction Manager shall provide a preliminary evaluation of the Owner's program, schedule and
construction budget requirements, each in temts of the other.
§ 2.1.2 Consultation
The Construction Manager shall schedule and conduct meetings with the Architect and Owner to discuss such matters
as procedures, progress, coordination, and scheduling of the Work. The Construction Manager shall advise the Owner
and the Architect on proposed site use and improvements, selection of materials, and building systems and equipment.
The Construction Manager shall also provide recommendations consistent with the Project requirements to the Owner
and Architect an constructability; availability of materials and labor; time requirements for procurement, installation
and construction; and factors related to construction cost including, but not limited to, costs of alternative designs or
materials, preliminary budgets, and possible cost reductions.
§ 2.1.3 When Project requirements in Section 3. 1.1 have been sufficiently identified, the Construction Manager shall
prepare and periodically update a Project scheduleforthe Owner's acceptance. The Construction Manager shall obtain
the Architect's approval for the portion of the Project schedule relating to the performance of the Architect's services.
The Project schedule shall coordinate and integrate the Construction Manager's services, the Architect's services,
other Owner consultants' services, and the Owner's responsibilities and identify items that could affect the Project's
timely completion. The updated Project schedule shall include the following: completion of various elements of the
Architect's work, submission of the Guaranteed Maximum Price proposal; components of the Work; times of
commencement and completion required of each Subcontractor (or appropriate breakdown of the Work); ordering and
delivery of products, including those that must be ordered in advance of construction (if such products are known by or
communicated to the Construction Manager) and the occupancy requirements of the Owner.
§ 2.1.4 Phased Construction
The Construction Manager shall provide recommendations with regard to accelerated or fast -track scheduling,
procurement, or phased construction. The Construction Manager shall take into consideration cost reductions, cost
information, construclability, provisions for temporary facilities and procurement and construction scheduling issues.
AIADocument A133' — 2009(farmedy A121TMCMc- 2003). Copyright® 1991, 2003 and 2009 by The American Insfitute of Architects. All rights reserved.
Init. WARNING: This AIA- Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" 4
Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.
) This documentwes produced by AIA software at 09:39:54 on 01/2212015 under Order Nc.3345001306-1 which expires m 05!13!2015, and is not for resale.
User Notes: (2035055221)
§ 2.1.5 Preliminary Cost Estimates
§ 2.1.5.1 Based on the preliminary design and other design criteria prepared by the Architect, the Construction
Manager shall prepare preliminary estimates of the Cost of the Work or the cost of program requirements using area,
volume or similar conceptual estimating techniques for the Architect's review and Owner's approval. If the Architect
or Construction Manager suggest alternative materials and systems, the Construction Manager shall provide cost
evaluations of those alternative materials and systems.
§ 2.1.5.2 As the Architect progresses with the preparation of the Schematic Design, Design Development and
Construction Documents, the Construction Manager shall prepare and update, at appropriate intervals agreed to by the
Owner and Construction Manager, estimates of the Cost of the Work of increasing detail and refinement until such
time as the Owner and Construction Manager agree on a Guaranteed Maximum Price for the Work. Such estimates
shall be provided for the Architect's review and the Owner's approval. The Construction Manager shall inform the
Owner and Architect when estimates of the Cost of the Work exceed the latest approved Project budget and make
recommendations for corrective action.
§ 2.1.6 Subcontractors and Suppliers
The Construction Manager shall develop bidders' interest in the Project.
§ 21.7 Extent of Responsibility
The Construction Manager shall exercise reasonable care in preparing schedules and estimates. The Construction
Manager, however, does not warrant or guarantee estimates and schedules except as may be included as part of the
Guaranteed Maximum Price. The Construction Manager is not required to ascertain that the Drawings and
Specifications are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful
orders of public authorities, but the Construction Manager shall promptly report to the Architect and Owner any
nonconformity discovered by or made known to the Construction Manager as arequest for information in such form as
the Architect may require.
§ 2.1.8 Notices and Compliance with Laws
The Construction Manager shall comply with applicable laws, statutes, ordinances, codes, rules and regulations, and
lawful orders of public authorities applicable to its performance under this Contract, and with equal employment
opportunity programs, and other programs as may be required bygovemmental and quasi governmental authorities for
inclusion in the Contract Documents.
(Paragraphs deleted)
§ 2.2 Guaranteed Maximum Price Proposal and Contract Time
§ 2.2.1 When the Drawings and Specifications have been completed, the Construction Manager will solicit trade
contractors for competitive bids in all of the relevant wade categories. Upon completion of the bidding cycle, the
Construction Manager shall propose a Guaranteed Maximum Price, which shall be the sum of the estimated cost of
work, including contingencies described in Section 2.2.3.1 and the Construction Manager's fee.
§ 2.2.2 The Owner and Construction Manager acknowledge that the Construction Manager will/has developed the
Guaranteed Maximum Price based upon completed Contract Documents "CDs ".
In the event that the Owner and Construction Manager agree that the Construction Manager will develop a Guaranteed
Maximum Price BEFORE thecompletion of the Contract Documents (CDs), in that such Drawings and Specifications
do not contain all details and requirements of the Work, the Guaranteed Maximum Price will be based on certain
assumptions by the Construction Manager. To the extent that the Drawings and Specifications are anticipated to
require further development by the Architect, the Construction Manager will include an allowance to be identified in
Amendment # 1 for such further development consistent with the Contract Documents and reasonably inferable
therefrom. Such further development does not include such things as changes in scope, systems, kinds and quality of
materials, finishes or equipment, or any condition which was not reasonably anticipated by the Construction
Manager's assumptions regarding the completion of the design, all of which, if required shall be incorporated by
Change Order for additional cost and/or time as required. If the Contract Documents (CDs) or final Drawings and
Specifications require performance of the Work in any manner different from such assumptions, or contain changes in
the scope of the Work to be performed by the Construction Manager, the Construction Manager shall as soon as
practicable notify the Owner thereof and of the Construction Manager's estimate of the resulting increase or decrease
in the Guaranteed Maximum Price. At such time as the Owner and the Construction Manager have agreed upon the
hilt. AIA Document A133TM— 2009 (formerly A121TMCMe- 2003). Copyright m 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved.
WARNING: This AIA- Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA- 5
Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.
( This document was produced by AIA software at 09:39:54 on 01/22/2015 under Order No.3345001306_1 which expires on 05/132015, and is not for resale.
User Notes:
(2035055221)
effect of such difference and/or changes in the scope of the Work, a Change Order shall be issued substituting the
finished Contract Documents (CDs) for those described in this Agreement and the Guaranteed Maximum Price and
Contract Time shall be adjusted as agreed by the parties.
§ 2.2.3 The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of
its basis, which shall include the following;
.1 A list of the Drawings and Specifications, including all Addenda thereto, and the Conditions of the
Contract;
.2 A list of the clarifications and assumptions made by the Construction Manager in the preparation of the
Guaranteed Maximum Price proposal, including assumptions under Section 2.2.2, to supplement the
information provided by the Owner and contained in the Drawings and Specifications;
.3 A statement of the proposed Guaranteed Maximum Price, including a statement of the estimated Cost
of the Work organized by trade categories or systems, allowances, contingency, and the Construction
Manager's Fee;
.4 The anticipated date of Substantial Completion upon which the proposed Guaranteed Maximum Price
is based;
.5 A date by which the Owner must accept the Guaranteed Maximum Price; and
.6 The Date of Commencement of the Work shall be within ten (10) days of receipt of I) Owner's Notice
to Proceed, 2) the issuance of all applicable permits, 3) Proof of adequate financing for the Work by the
Owner and/or Owner's lender (in a form suitable to the Construction Manager), whichever is later.
§ 12.3.1 The GMT shal I contain a separately identified contingency (the "Construction Contingency ") for the sole use
by the Construction Manager. The construction contingency is not allocated to any particular item of the cost of the
Work and is established for the Cost of the Work incurred by the Construction Manager, including mitigation of
weather impact, losses, expenses or damages not covered by insurance or bonds, low estimates or deviations from the
estimated cost and overly aggressive scheduling or shortage of properly skilled workforce. It is understood by the
Parties that this contingency is not to be allocated to costs due to errors and omissions in the Contract Documents
(CDs) or to remedy, correct or resolve any inconsistencies, ambiguities, errors or omissions contained within the
Architect's work product on which the Construction Manager's Guaranteed Maximum Price was based.
§ 2.2.4 The Construction Manager shall meet with the Owner to review the Guaranteed Maximum Price proposal. In
the event that the Owner and Architect discover any inconsistencies or inaccuracies in the information presented, they
shall promptly notify the Construction Manager, who shall make appropriate adjustments to the Guaranteed
Maximum Price proposal, its basis, or both.
§ 2.2.5 If the Owner notifies the Construction Manager that the Owner has accepted the Guaranteed Maximum Price
proposal in writing before the date specified in the Guaranteed Maximum Price proposal, the Guaranteed Maximum
Price proposal shall be deemed effective without further acceptance from the Construction Manager. Following
acceptance of a Guaranteed Maximum Price, the Owner and Construction Manager shall execute the Guaranteed
Maximum Price Amendment amending this Agreement, a copy of which the Owner shall provide to the Architect. The
Guaranteed Maximum Price Amendment shall set forth the agreed upon Guaranteed Maximum Price with the
information and assumptions upon which it is based.
§ 2.2.6 Prior to the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal and
issuance ofa Notice to Proceed, with the exception ofreimbursable costs associated with Preconstruction Services, the
Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work, except as the Owner
may specifically authorize in writing.
§ 2.2.7 The Owner shall authorize the Architect to provide the revisions to the Drawings and Specifications to
incorporate the agreed -upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment.
The Owner shall promptly famish those revised Drawings and Specifications to the Construction Manager as they are
revised. The Construction Manager shall notify the Owner of any inconsistencies between the Guaranteed Maximum
Price Amendment and the revised Drawings and Specifications, provided the Architect clouds any changes in the
Drawings and Specifications in which the Guaranteed Maximum Price was based upon.
AIA Document A133"' — 2009 (formerly A121�MCMc — 2003). Copyright 01991, 2003 and 2009 by The American Institute of Architects. All rights reserved.
Init WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction Ordlstributlon of this AIA- 6
Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.
f This document was produced byAlA software at 09:39:54 on 01122/2015 under Order No.3345001306_I which expires on 0611312015, and is not for resale.
User Notes: (2035055221)
§ 2.2.8 The Construction Manager shall include in the Guaranteed Maximum Price all sales, consumer, use and similar
taxes for the Work provided by the Construction Manager that are legally enacted, at the time the Guaranteed
Maximum Price Amendment is executed.
(Paragraph deleted)
§ 2.3 Construction Phase
§ 2.3.1 General
§ 2.3.1.1 For purposes of Section 8.1.2 of A201 -2007 (as amended), the date of commencement of the Work shall
mean the date of commencement of the Construction Phase.
§ 2.3.1.2 The Construction Phase shall commence upon the Owner's acceptance of the Construction Manager's
Guaranteed Maximum Price proposal or the Owner's issuance of a Notice to Proceed, whichever occurs earlier.
§ 2.3.2 Administration
§ 2.3.2.1 Those portions of the Work that the Construction Manager does not customarily perform with the
Construction Manager's own personnel shall be performed under subcontracts or by other appropriate agreements
with the Construction Manager. The Owner may designate specific persons from whom, or entities from which, the
Construction Manager shall obtain bids. However, if the Guaranteed Maximum Price has been established, the Owner
may not prohibit the Construction Manager from obtaining bids from other bidders. The Construction Manager shall
obtain bids from Subcontractors and from suppliers of materials or equipment fabricated especially for the Work and
shall deliver such bids to the Owner. The Owner shall then determine, with the advice of the Construction Manager
and the Architect, which bids will be accepted. The Construction Manager shall not be required to contract with
anyone to whom the Construction Manager has reasonable objection.
§ 2,3.2.2 If the Guaranteed Maximum Price has been established and when a specific bidder (1) is recommended to the
Owner by the Construction Manager, (2) is qualified to perform that portion of the Work, and (3) has submitted a bid
that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner
requires that another bid be accepted, then the Construction Manager may require that a Change Order be issued to
adjust the Contract Time and the Guaranteed Maximum Price by the difference between the bid of the person or entity
recommended to the Owner by the Construction Manager and the amount and time requirement of the subcontract or
other agreement actually signed with the person or entity designated by the Owner.
§ 2.3.2.3 Subcontracts or other agreements shall conform to the applicable payment provisions ofthis Agreement, and
shall not be awarded on the basis of cost plus a fee without the prior consent of the Owner. If the Subcontract is
awarded on a cost -plus a fee basis, the Construction Manager shall provide in the Subcontract for the Owner to receive
the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Construction Manager
in Section 6.10 below.
§ 2.3.2.4 If the Construction Manager recommends a specific bidder that is a parent, subsidiary, affiliate, or other
entity having common ownership or management with the Construction Manager, then the Construction Manager
shall promptly notify the Owner in writing of such relationship and notify the Owner of the specific nature of the
contemplated transaction.
§ 2.3.15 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures,
progress, coordination, scheduling, and status of the Work. The Construction Manager shall prepare and promptly
distribute minutes to the Owner and Architect
§ 2.3.2.6 Upon the execution of the Guaranteed Maximum Price Amendment, the Construction Manager shall prepare
and submit to the Owner and Architect a construction schedule for the Work and submittal schedule in accordance
with Section 3.10 of A201 -2007 (as amended).
§ 2.3.2.7 The Construction Manager shall record the progress of the Project. On a monthly basis, or otherwise as
agreed to by the Owner, the Construction Manager shall submit written progress reports to the Owner and Architect,
showing percentages of completion and other information required by the Owner. The Construction Manager shall
also keep, and make available to the Owner and Architect, a daily log containing a record for each day of weather,
portions of the Work in progress, number of workers on site, identification of equipment on site, problems that might
affect progress of the work, accidents, injuries, and other information required by the Owner.
AIA uocumemt A133 -- 2009 (Formerly A121' °CMc —2003). Copyright 01991, 2003 and 2009 by The American Institute of Architects. All rights reserved.
Init WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this AIA- 7
Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extant possible under the law.
This documenlwas produced by AIA software at 09:39:54 on 011228015 under Order No.3345001306_1 which expires on 0511312015, and is not for resale.
User Notes: (2035055221)
§ 2.3.2.8 The Construction Manager shall develop a system of cost control for the Work, including regular monitoring
of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes.
§ 2.4 Professional Services
Section 3.12. 10 of A201 -2007 (as amended) shall apply to both the Preconstruction and Construction Phases.
§ 2.5 Hazardous Materials
Section 10.3 of A201 -2007 (as amended) shall apply to both the Preconstruction and Construction Phases.
ARTICLE 3 OWNER'S RESPONSIBILITIES
§ 3.1 Information and Services Required of the Owner
§ 3.1.1 The Owner shall provide information with reasonable promptness, regarding requirements for and limitations
on the Project, including a written program which shall set forth the Owner's objectives, constraints, and criteria,
including schedule, space requirements and relationships, flexibility and expandability, special equipment, systems
sustainability and site requirements.
§ 3.1.2 Prior to the execution of the Guaranteed Maximum Price Amendment, the Construction Manager may request
in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the
Owner's obligations under the Contract. Thereafter, the Construction Manager may only request such evidence if (1)
the Owner fails to make payments to the Construction Manager as the Contract Documents require, (2) a change in the
Work materially changes the Contract Sum, or (3) the Construction Manager identifies in writing a reasonable concern
regarding the Owner's ability to make payment when due. The Owner shall furnish such evidence as a condition
precedent to commencement or continuation of the Work or the portion of the Work affected by a material change.
After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior
notice to the Construction Manager and Architect.
§ 3.1.3 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget
for the Cost of the Work as defined in Section 6.1.1, (2) the Owner's other costs, and (3) reasonable contingencies
related to all of these casts. If the Owner significantly increases or decreases the Owner's budget for the Cost of the
Work, the Owner shall notify the Construction Manager and Architect. The Owner and the Architect, in consultation
With the Construction Manager, shall thereafter agree to a corresponding change in the Project's scope and quality,
§ 3.1.4 Structural and Environmental Tests, Surveys and Reports. During the Preconstruction Phase, the Owner shall
furnish the following information or services with reasonable promptness. The Owner shall also furnish any other
information or services under the Owner's control and relevant to the Construction Manager's performance of the
Work with reasonable promptness after receiving the Construction Manager's written request for such information or
services. The Construction Manager shall be entitled to rely on the accuracy of information and services fumished by
the Owner but shall exercise proper precautions relating to the safe performance of the Work.
§ 3.1.4.1 The Owner shall furnish tests, inspections and reports required by law and as otherwise agreed to by the
parties, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous
materials.
§ 3.1.4.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for
the site ofthe Project, and a legal description ofthe site. The surveys and legal information shall include, as applicable,
grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent
drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of
the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees;
and information concerning available utility services and lines, both public and private, above and below grade,
including inverts and depths. All the information on the survey shall be referenced to a Project benchmark.
§ 3.1.4.3 The Owner, when such services are requested, shall furnish services ofgeotechnical engineers, which may
include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations
of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations
for anticipating subsoil conditions, with written reports and appropriate recommendations.
AIA Document A133" —2009 (formerly A121°ClAc— 2003). Copyright ®1991.2003 and 2009 by The American Institute of Architects. All rights reserved.
Init. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe $
Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.
/ This document was produced by ALA software at 09:39:54 on 01/222015 under Order No.3345001309 1 which expires an 05/13/2015, and is not for resale.
User Notes: (2035055221)
§ 3.1.4.4 During the Construction Phase, the Owner shall furnish information or services required of the Owner by the
Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services
under the Owner's control and relevant to the Construction Manager's performance of the Work with reasonable
promptness after receiving the Construction Manager's written request for such information or services.
§ 3.20wnees Designated Representative
The Owner shall designate in writing a representative who shall have express authority to bind die Owner with respect
to all matters requiring the Owners approval or authorization. The Owner's representative shall render decisions
promptly and furnish information expeditiously, so as to avoid unreasonable delay in the services or Work of the
Construction Manager. Except as otherwise provided in Section 4.2.1 of A201 -2007 (as amended), the Architect does
not have such authority. The term "Owner" means the Owner or the Owner's authorized representative.
§ 3.2.1 Legal Requirements. The Owner shall famish all legal, insurance and accounting services, including auditing
services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests.
§ 3.3 Architect
The Owner shall retain an Architect to provide services, duties and responsibilities as described in AIA Document
13103T"' -2007, Standard Form of Agreement Between Owner and Architect, including any additional services
requested by the Construction Manager that are necessary for the Preconstruction and Construction Phase services
under this Agreement The Owner shall provide the Construction Manager a copy of the executed agreement between
the Owner and the Architect, and any further modifications to the agreement.
ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES
§ 4.1 Compensation
§ 4.1.1 For the Construction Manager's Preconstruction Phase services, the Owner shall compensate the Construction
Manager as follows:
The fee for preconstruction services shall be a lump sum of_Five thousand dollars Dollars
($ 5,000.00 ). Any miscellaneous costs associated with the delivery of preconstruction services (printing, advertising,
travel, etc.) shall be invoiced at direct cost of the item without mark -up or profit for the construction manager.
Preconstruction Services will be invoiced on a pro-rata monthly basis for the term of the preconstruction services as
identified in article 4.1.2
§ 4.1.2 Compensation for Preconstruction Phase Services shall be equitably adjusted if such services extend beyond
( 1 days from the date of this Agreement or if the originally contemplated scope of services is significantly
modified. If preconstruction services extend past the time frame identified, the following rates shall apply and will be
billed on a timecard basis for those individuals working on this project:
Preconstruction Manager
$95.00/hr
Chief Estimator
$75.00/hr
Senior Project Manager
$95.00/hr
Constructability/Value Analysis Professional
$90.001hr
Project Manager
$75.00/hr
General Superintendent
$80.00/hr
Project Coordinator
$50.00/1117
Clerical
$35.00/hr
Model Integrator
$55.001hr
(Paragraph deleted)
Should the date of commencement, as defined in the initial solicitation, be delayed through no fault of the
Construction Manager, the Construction Manager reserves the right to substitute project team members from those
originally proposed or be entitled to compensation for those team members per the rate schedule list above.
§ 4.1.3 Compensation based on Direct Personnel Expense includes the direct salaries of the Construction Manager's
personnel providing Preconstruction Phase services on the Project and the Construction Manager's costs for the
mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory
employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions.
AIA Document A133 ° — 2009 (formerly A121 TMCMe- 2003). Copyright 01991, 2003 and 2009 by The American Institute of Architects. All rights reserved.
In(t. WARNING: This AIA- Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA•
Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.
/ This document was produced by AIA sofhvare at 09:39:54 M01/2212015 under Omer No.334500130a 1 which expires on 05113/2015. and is not for resale.
User Notes: (2035055221)
(Paragraph deleted)
§ 4.2 Payments
§ 4.2.1 Unless otherwise agreed, payments for services will be in accordance with 4.1.1.
§ 4.2.2 Payments are due and payable upon presentation of the Construction Manager's invoice. Amounts unpaid
) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate
prevailing from time to time at the principal place of business of the Construction Manager.
(Insert rate of monthly or annual interest agreed upon.)
ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES
§ 5.1 For the Construction Manager's performance of the Work as described in Section 2.3, the Owner shall pay the
Construction Manager the Contract Sum in current funds for the Construction Manager's performance of the Contract.
The Contract Sum is the Cost of the Work as defined in Section 6. 1.1 plus the Construction Manager's Fee.
§ 5.1.1 The Construction Manager's Fee:
(State a lunip sum, pelrentage of Cost of the Work or other provision for determining the Construction Manager's
Fee.)
A lump sum equal to Five Percent (5%) of the Cost ofthe Work. The Construction Manager's fee shall be adjusted for
changes in the Work by zero percent (0 %) for deductive change orders and Five Percent (5%) for additive changes.
§ 5.1.2 Rental rates for Construction Manager -owned equipment shall not exceed One Hundred percent ( 100 %) of
the standard rate paid at the place of the Project.
§ 5.1.3 Unit prices, if any:
(Identify and state the unit price; state the quantity limitations, if any, to which the unit price will be applicable.)
Item
Units and Limitations Price per Unit (80.00)
(Table deleted)
(Paragraphs deleted)
§ 5.2Guaranteed Maximum Price
§ 5.2.1 The Construction Manager guarantees that the Contract Sum shall not exceed the Guaranteed Maximum Price
set forth in the Guaranteed Maximum Price Amendment, as it is amended from time to time. To the extent the Cost of
the Work exceeds the Guaranteed Maximum Price, the Construction Manager shall bear such costs in excess of the
Guaranteed Maximum Price without reimbursement or additional compensation from the Owner.
(Insert specific provisions if the Constniction Manager is to participate in any savings.)
§ 5.2.1.2 Owner Acknowledges that the Guaranteed Maximum Price applies in the aggregate to all categories and line
items of the cost of Work as defined in Article 6 of this Agreement and in no event shall be considered a line item
guarantee of the cost of any individual portion of the Work.
§ 5.2.2 The Guaranteed Maximum Price is subject to additions and deductions by Change Order as provided in the
Contract Documents and the Date of Substantial Completion shall be subject to adjustment as provided in the Contract
Documents.
§ 5.3 Changes in the Work
§ 5.3.1 The Owner may, without invalidating the Contract, order changes in the Work within the general scope of the
Contract consisting of additions, deletions or other revisions. The Owner shall issue such changes in writing. The
Architect may make minor changes in the Work as provided in Section 7.4 ofAIA Document A201 -2007 (as
amended), General Conditions of the Contract for Construction. The Construction Manager shall be entitled to an
equitable adjustment in the Contract Time as a result of changes in the Work.
AIA Document A133--2009 (formerly A121 -CMe — 2003). Copyright G 1991.2003 and 2009 by The American Institute of Architects. All rights mserved.
Init. WARNING: This AIM Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAs 10
Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.
y This document was produced byAlA software at 09:39:54 on 01/2212015 under Omer No.3345001309_1 which expires on 0511=015. antl is not far resale.
User Notes:
(2075055221)
§ 5.3.2 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution
of the Guaranteed Maximum Price Amendment may be determined by any of the methods listed in Section 7.3.3 of
AIA Document A201 2007 (as amended), General Conditions of the Contract for Construction.
§ 5.3.3 In calculating adjustments to subcontracts (except those awarded with the Owner's prior consent on the basis
of cost plus a fee), the terms "cost" and "fee" as used in Section 7.3.3.3 of AIA Document A201 -2007 (as amended)
and the term "costs" as used in Section 7.3.7 of AIA Document A201 -2007 (as amended) shall have the meanings
assigned to them in AIA Document A201 -2007 (as amended) and shall not be modified by Sections 5.1 and 5.2,
Sections 6.1 through 6.7, and Section 6.8 of this Agreement. Adjustments to subcontracts awarded with the Owner's
prior consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts.
§ 5.3.4 In calculating adjustments to the Guaranteed Maximum Price, the terms "cost" and "costs" as used in the
above - referenced provisions of AIA Document A201 -2007 (as amended) shall mean the Cost of the Work as defined
in Sections 6.1 to 6.7 of this Agreement and the term "fee" shall mean the Construction Manager's Fee as defined in
Section 5.1 of this Agreement.
§ 5.3.5 If no specific provision is made in Section 5.1.2 for adjustment of the Construction Manager's Fee in the case
of changes in the Work, or if the extent of such changes is such, in the aggregate, that application of the adjustment
provisions of Section 5.1.2 will cause substantial inequity to the Owner or Construction Manager, the Construction
Manager's Fee shall be equitably adjusted on the same basis that was used to establish the Fee for the original Work,
and the Guaranteed Maximum Price shall be adjusted accordingly.
ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE
§ 6.1 Costs to Be Reimbursed
§ 6.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Construction Manager in the proper
performance of the Work. The Cost of the Work shall include only the items set forth in Sections 6.1 through 6.7.
§ 6.1.1.1 The sum for General Conditions will be billed as a lump sum and paid in monthly installments commencing
with the next calendar month following the date of commencement of construction of the Project and concluding on
the date of completion of the Work. Payments wi 11 be pro-rated for part of a calendar month at the commencement of
construction and the calendar month in which Final Completion occurs.
§ 6.1.2 Where any cost is subject to the Owner's prior approval, the Construction Manager shall obtain this approval
prior to incurring the cost. The parties shall endeavor to identify any such costs prior to executing Guaranteed
Maximum Price Amendment.
§ 6.2 Labor Costs
§ 6.2.1 Wages of construction workers directly employed by the Construction Manager to perform the construction of
the Work at the site or at off -site workshops.
§ 6.22 Salaries and burden of the Construction Manager's supervisory, project management, executive, safety and
administrative personnel, when engaged in execution of the Work, these persons costs will be charged on an hourly
basis and will be included in an agreed upon General Conditions costs.
Classification
Name
fjit is intended that the wages or salaries of certain personnel stationed at the Construction
Manager's principal ofca of offices other than the site o;f1ce shall be included in the Cost ofthe W01 k.
such personnel shall be identified below)
§ 6.2.3 Costs paid or incurred by the Construction Manager for taxes, insurance, contributions, assessments and
benefits required by law or collective bargaining agreements, and, for personnel not covered by such agreements,
customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, "referred to as
Labor Burden shall be charged at a flat rate of 49% of base wage," provided that such costs are based on wages and
salaries included in the Cost of the Work as described herein.
AIA Document A133— —2009 (formerly A121 mCMc — 2003). Copydght O 1991. 2003 and 2009 by The American Institute of Architects. All rights reserved.
Init WARNING: This AIA- Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA- 11
Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.
y This document was produced by AIA software at 09:39:54 an 01122/2015 under Order No.3345001306 1 which expires on 0511312015, and is not for resale.
User Notes:
(2035055221)
§ 6.2.4 The Contract Sum is based upon the Project not being subject to State and Federal Prevailing Wage Law.
In the event that this Project becomes subject to State or Federal Prevailing Wage Law the Contract Sum will be
adjusted accordingly.
§ 6.2.5 Bonuses, profit sharing, incentive compensation and any other discretionary payments paid to anyone (tired by
the Construction Manager or paid to any Subcontractor or vendor, with the Owner's prior approval.
§ 6.3 Subcontract Costs
Payments made by the Construction Manager to Subcontractors in accordance with the requirements of the
subcontracts.
§ 6.4 Costs of Materials and Equipment Incorporated in the Completed Construction
§ 6.4.1 Costs, including transportation and storage, of materials and equipment incorporated or to be incorporated in
the completed construction.
§ 6.4.2 Costs of materials described in the preceding Section 6.4.1 in excess of those actually installed to allow for
reasonable waste and spoilage. Unused excess materials, if any, shall become the Owner's property at the completion
of the Work or, at the Owner's option, shall be sold by the Construction Manager. Any amounts realized from such
sales shall be credited to the Owner as a deduction from the Cost of the Work.
§ 6.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items
§ 6.5.1 Costs of transportation, storage, installation, maintenance, dismantling and removal of materials, supplies,
temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are
provided by the Construction Manager at the site and fully consumed in the performance of the Work. Costs of
materials, supplies, temporary facilities, machinery, equipment and tools that are not fully consumed shall be based on
the cost or value of the item at the time it is first used on the Project site less the value of the item when it is no longer
used at the Project site. Costs for items not fully consumed by the Construction Manager shall mean fair market value.
§ 6.5.2 Rental charges for temporary facilities, machinery, equipment and hand tools not owned by the construction
workers, which are provided by the Construction Manager at the site, whether rented from the Construction Manager
or others, and costs of transportation, installation, minor repairs and replacements, dismantling and removal thereof.
Equipment owned by the Construction manager shall be rented at a rate not to exceed the standard rental rate in the
geographical area in which the project is located.
§ 6.5.3 Costs of removal of debris and/or costs associated with diverting waste to a waste recycling center from the
site of the Work and its proper and legal disposal.
§ 6.5.4 Costs of document reproductions, facsimile transmissions and long- distance telephone calls, data lines,
postage and parcel delivery charges, telephone service at the site and reasonable petty cash expenses of the site office.
§ 6.5.5 That portion of the reasonable expenses of the Construction Manager's supervisory or administrative
personnel incurred while traveling in discharge of duties connected with the Work.
§ 6.5.6 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, subject to the
Owner's prior approval.
§ 6.6 Miscellaneous Costs
§ 6.6.1 Premiums for that portion of insurance, bonds and other surety programs required by the Contract Documents
and the Construction Manager that can be directly attributed to this Contract. Self- insurance for either full or partial
amounts of the coverages required by the Contract Documents, with the Owner's prior approval.
§ 6.6.2 Sales, use or similar tares imposed by a governmental authority that are related to the Work and for which the
Construction Manager is liable.
Init. AIA Document A7331e -2009 (formerly A121 -CMc — 2003). Copyright ® 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved.
WARNING: This ALA' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAI 12
Document, or any portion of it, may result In severe civil and criminal pan aides, and will be prosecuted to the maximum extent possible under the law.
This document was produced by ALA software at 09:39:54 on 0112212015 under Order No. 3345001306 1 which expires on 0511312015, and is not for resale.
User Notes:
(2035055221)
§ 6.6.3 Fees and assessments for die building permit and for other permits, . licenses and inspections for which the
Construction Manager is required by the Contract Documents to pay.
§ 6.6.4 Fees of laboratories for tests required by the Contract Documents, except those related to defective or
nonconforming Work for which reimbursement is excluded by Section 13.5.3 of AIA Document A201 -2007 (as
amended) or by other provisions of the Contract Documents, and which do not fall within the scope of Section 6.7.3.
§ 6.6.5 Royalties and license fees paid for the use of a particular design, process or product required by the Contract
Documents; the cost ofdefendingsuits or claims for infringement of patent rights arising from such requirement of the
Contract Documents; and payments made in accordance with legal judgments against the Construction Manager
resulting from such suits or claims and payments of settlements made with the Owner's consent. However, such costs
of legal defenses, judgments and settlements shall not be included in the calculation of the Construction Manager's
Fee or subject to the Guaranteed Maximum Price. If such royalties, fees and costs are excluded by the last sentence of
Section 3.17 of AIA Document A201 -2007 (as amended) or other provisions of the Contract Documents, then they
shall not be included in the Cost of the Work.
§ 6.6.6 Costs for electronic equipment and software, directly related to the Work.
§ 6.6.7 Deposits lost for causes other than the Construction Manager's negligence or failure to fulfill a specific
responsibility in the Contract Documents.
§ 6.6.8 Legal, mediation and arbitration costs, including attorneys' fees, other than those arising from disputes
between the Owner and Construction Manager, reasonably incurred by the Construction Manager after the execution
of this Agreement in the performance of the Work and with the Owner's prior approval, which shall not be
unreasonably withheld.
§ 6.6.9 Expenses incurred in accordance with the Construction Manager's standard written personnel policy for
relocation and temporary living allowances of the Construction Manager's personnel required for the Work.
§ 6.7 Other Costs and Emergencies
§ 6.7.1 Other costs incurred in the performance of the Work if, and to the extent, approved in advance in writing by the
Owner.
§ 6.7.2 Costs incurred in taking action to prevent threatened damage, injury or loss in case of an emergency affecting
the safety of persons and property, as provided in Section 10.4 of AIA Document A201 -2007 (as amended).
§ 6.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Construction Manager,
Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused by negligence or
failure to fulfill a specific responsibility of the Construction Manager and only to the extent that the cost of repair or
correction is not recovered by the Construction Manager from insurance, sureties, Subcontractors, suppliers, or others.
§ 6.7.4 The costs described in Sections 6.1 through 6.7 shal I be included in the Cost of the Work, notwithstanding any
provision of AIA Document A201-2007 (as amended) or other Conditions of the Contract which may require the
Construction Manager to pay such costs, unless such costs are excluded by the provisions of Section 6.8.
§ 6.8 Coats Not To Be Reimbursed
§ 6.6.1 The Cost of the Work shall not include the items listed below:
.1 Salaries and other compensation ofthe Construction Manager's personnel stationed at the Construction
Manager's principal office or offices other than the site office, except as specifically provided in
Section 6.2, or as may be provided in Article 11;
.2 Expenses of the Construction Manager's principal office and offices other than the site office;
.3 Overhead and general expenses, except as may be expressly included in Sections 6.1 to 6.7;
.4 The Construction Manager's capital expenses, including interest on the Construction Manager's capital
employed for the Work;
.5 Except as provided in Section 6.7.3 of th is Agreement, costs due to the negligence or failure of the
Construction Manager, Subcontractors and suppliers or anyone directly or indirectly employed by any
of them or for whose acts any of them may be liable to fulfill a specific responsibility of the Contract;
AIA Document A133° — 2009 (formerly A121 -CMc — 2003). Copyright ®1991, 2003 and 2009 by The American Institute of Architects. All rights reserved.
Init. WARNING: This AIA0 Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA• 13
Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.
1 This document was produced by AIA software at 09:39:54 on 01/22!1015 under Order No. 3345001306_1 which expires on 05/13@015, and Is aol for resale.
User Notes:
(2035055221)
Any cost not specifically and expressly described in Sections 6.1 to 6.7; and
Costs, other than costs included in Change Orders approved by the Owner, that would cause the
Guaranteed Maximum Price to be exceeded.
§ 6.9 Discounts, Rebates and Refunds
§ 6.9.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if (l)
before making the payment, the Construction Manager included them in an Application for Payment and received
payment from the Owner, or (2) the Owner has deposited funds with the Construction Manager with which to make
payments; otherwise, cash discounts shall accrue to the Construction Manager. Trade discounts, rebates, refunds and
amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Construction
Manager shall make provisions so that they can be obtained.
§ 6.9.2 Amounts that accrue to the Owner in accordance with the provisions of Section 6.9.1 shall be credited to the
Owner as a deduction from the Cost of the Work.
§ 6.10Accounting Records
The Construction Manager shall keep full and detailed records and accounts related to the cost of the Work and
exercise such controls as may be necessary for proper financial management under this Contract and to substantiate all
costs incurred. The Owner and the Owner's auditors shall, during regular business hours and upon reasonable notice,
be afforded access to, and shall be permitted to audit and copy, the Construction Manager's records and accounts,
including complete documentation supporting accounting entries, books, correspondence, instructions, drawings,
receipts, subcontracts, Subcontractor's proposals, purchase orders, vouchers, memoranda and other data relating to
this Contract. The Construction Manager shall preserve these records for a period of three years after final payment, or
for such longer period as may be required by law.
(Paragraphs deleted)
§ 6.11 The Contractor shall not be obligated to provide any services, information or documentation relating to its
Work to auditors working on a contingency fee basis (auditor's fees calculated as a percentage of the client's net
recovery), nor shall any reimbursement obligation otherwise required by the Contract Documents be applicable to
Contractor when an auditor is hired by Owner on a contingency fee basis.
ARTICLE 7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES
§ 7.1 Progress Payments
§ 7.1.1 Based upon Applications for Payment submitted to the Architect by the Construction Manager and Certificates
for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the
Construction Manager as provided below and elsewhere in the Contract Documents.
§ 7.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the
month, or as follows:
§ 7.1.3 Provided an application for Payment is received by the architect not later than the 1" day of the month, the
Owner shall make payment to the Construction Manager not later than the 201h day of the same month. if an
Application for Payment is received by the Architect after the application date fixed above, payment shall be made by
the owner not later than 30 days after the Architect received the application for payment. Owner and Construction
Manager agree to the terms outlined in 4.2.2 shall apply to this article 7.1.3. An Application for Payment shall be
deemed certified 14 days after submittal unless the Owner or Architect objects to all or part of the Application for
Payment within 14 days of submittal.
§ 7.1.4lfrequired by the owner, with each Application for Payment, the Construction Manager shall submit a detailed
cost transaction report generated from the Construction Manager's accounting system, and upon request by the Owner
or Architect, shall provide any other evidence reasonably required by the Owner or Architect to demonstrate that cash
disbursements already made by the Construction Manager on account of the Cost of the Work equal or exceed (l)
progress payments already received by the Construction Manager: less (2) that portion of those payments attributable
to the Construction Manager's Fee; plus (3) payrolls for the period covered by the present Application for Payment.
AIA Document A133- — 2009 (foonerly kl21" CMc — 2003). Copyright ®1991, 2003 and 2009 by The American Institute of Architects. Al rights reserved.
Init. WARNING: This AIAa Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this ALAI 14
Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.
y This document was produced by ALA software at 09:39:54 on 01122/2015 under Order No.3345001306 1 which expires on 05113/2015, and is not for resale.
User Notes: (2035055221)
§ 7.1.5 Each Application for Payment shall be based on the most recent schedule of values submitted by the
Construction Manager in accordance with the Contract Documents. The schedule of values shall allocate the entire
Guaranteed Maximum Price among the various portions of the Work, except that the Construction Manager's Fee
shall be shown as a single separate item. The schedule of values shall be prepared in such form and supported by such
data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall
be used as a basis for reviewing the Construction Manager's Applications for Payment.
§ 7.1.6 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of
the period covered by the Application for Payment The percentage of completion shall be the lesser of (1) the
percentage of that portion of the Work which has actually been completed, or (2) the percentage obtained by dividing
(a) the expense that has actually been incurred by the Construction Manager on account of that portion of the Work for
which the Construction Manager has made or intends to make actual payment prior to the next Application for
Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of
values.
§ 7.1.7 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be
computed as follows:
.1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as
determined by multiplying the percentage of completion of each portion of the Work by the share of the
Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending
final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be
included as provided in Section 7.3.9 of AIA Document A201 -2007 (as amended);
.2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the Work, or if approved in
advance by the Owner, suitably stored off the site at a location agreed upon in writing;
.3 Add the Construction Manager's Fee, less retainage of Zero ( 0% ). The Construction Manager's Fee
shall be computed upon the Cost of the Work at the rate stated in Section 5. 1.1 or, if the Construction
Manager's Fee is stated as a fixed sum in that Section, shall be an amount that bears the same ratio to
that fixed -sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the
Work upon its completion;
.4 Subtract retainage of Zero ( 0% ) from that portion of the Work that the Construction Manager
self - performs;
.5 Subtract the aggregate of previous payments made by the Owner;
.6 Subtract the shortfall, if any, indicated by the Construction Manager in the documentation required by
Section 7.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently
discovered by the Owner's auditors in such documentation; and
.7 Subtract amounts, ifany, for which the Architect has withheld or nullified a Certificate for Payment as
provided in Section 9.5 of AIA Document A201 -2007 (as amended).
§ 7.1.8 Except with the Owner's prior approval, payments to Subcontractors shall be subject to retention of not less
than Five Percent ( 5 %). Upon recommendation of the Construction Manager, a Subcontractor's retainage may be
reduced by a percentage established and agreed upon by the Construction Manager. The full Five percent (S %)
retainage may be reinstated with respect to remaining payments for identified Subcontractors whose manner of
completion of the work and it progress do not remain satisfactory to the Construction Manager and/or the Owner, or i f
any surety Withholds its consent, or for other good and sufficient reasons.
§ 7.1.9 If the manner of completion of the work, and its progress are and remain satisfitctory for the Owner, and the
Work is shown at fifty percent (50 %) or more complete in the Application for Payment, Without reduction ofprevious
retainage, no further retainage will be withheld.
§ 7.1.10 In taking action on the Construction Manager's Applications for Payment, the Architect shall be entitled to
rely on the accuracy and completeness of the information famished by the Construction Manager and shall not be
deemed to represent that the Architect has made a detailed examination, audit or arithmetic verification of the
documentation submitted in accordance with Section 7.1.4 or other supporting data; that the Architect has made
exhaustive or continuous on -site inspections; or that the Architect has made examinations to ascertain how or for what
purposes the Construction Manager has used amounts previously paid on account of the Contract. Such examinations,
Init. AIA Document A133'e -2009 (formerly A121 -CMc — 2003). Copyright ®1991, 2003 and 2009 by The American Institute of Architects. A71 rights reserved.
WARNING: This AIq r Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe 1$
Document, or any portion of It, may result in severe civil and criminal pen Miles, and will be prosecuted to the maximum extent possible under the law.
/ This document was produced by AIA software at 09:39:54 on 01/2212015 under Order No.3345001306_7 which expires on 05/132015, and is not for resale.
User Notes: (2035055221)
audits and verifications, if required by the Owner, will be performed by the Owner's auditors acting in the sole interest
of the Owner.
§ 7.1.11 Except with the Owner's prior approval, the Construction Manager shall not make advance payments to
suppliers for materials or equipment which have not been delivered and stored at the site.
§ 7.2 Final Payment
§ 7.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the
Construction Manager when
.1 the Construction Manager has fully performed the Contract except for the Construction Manager's
responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201 -2007 (as
amended).
.2 the Construction Manager has submitted a final accounting for the Cost of the Work and a final
Application for Payment; and
.3 a final Certificate for Payment has been issued by the Architect.
The Owner's final payment to the Construction Manager shall be made no later than 30 days after the issuance of the
Architect's final Certificate for Payment, or as follows:
§ 7.2.2 The Owner's auditors will review and report in writing on the Construction Manager's final accounting within
30 days after delivery of the final accounting to the Architect by the Construction Manager. Based upon such Cost of
the Work as the Owner's auditors report to be substantiated by the Construction Manager's final accounting, and
provided the other conditions of Section 7.2.1 have been met, the Architect will, within seven days after receipt of the
written report of the Owner's auditors, either issue to the Owner a final Certificate for Payment with a copy to the
Construction Manager, or notify the Construction Manager and Owner in writing of the Architect's reasons for
withholding a certificate as provided in Section 9.5.1 of the AIA Document A201 -2007 (as amended). The time
periods stated in this Section supersede those stated in Section 9.4.1 of the AIA Document A201 -2007 (as amended).
The Architect is not responsible for verifying the accuracy of the Construction Manager's final accounting.
§ 7.2.3 If the Owner's auditors report the Cost of the Work as substantiated by the Construction Manager's final
accounting to be less than claimed by the Construction Manager, the Construction Manager shall be entitled to request
mediation of the disputed amount without seeking an initial decision pursuant to Section 15.2 of A201 -2007 (as
amended). A request for mediation shall be made by the Construction Manager within 30 days after the Construction
Manager's receipt of a copy of the Architect's final Certificate for Payment. Failure to request mediation within this
60 -day period shall result in the substantiated amount reported by the Owner's auditors becoming binding on the
Construction Manager. Pending a final resolution of the disputed amount, the Owner shall pay the Construction
Manager the amount certified in the Architect's final Certificate for Payment.
§ 7.2.4 If, subsequent to final payment and at the Owner's request, the Construction Manager incurs costs described in
Section 6. 1.1 and not excluded by Section 6.8 to correct defective or nonconforming Work, the Owner shall reimburse
the Construction Manager such costs and the Construction Manager's Fee applicable thereto on the same basis as if
such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price. If the
Construction Manager has participated in savings as provided in Section 5.2.1, the amount of such savings shall be
recalculated and appropriate credit given to the Owner in determining the net amount . to be paid by the Owner to the
Construction Manager.
ARTICLE 8 INSURANCE AND BONDS
§ 8.1 For all phases of the Project, the Construction Manager and the Owner shall purchase and maintain insurance.
and the Construction Manager shall provide bonds as set forth in Article I 1 of AIA Document A201 -2007 (as
amended).
(State bonding requirements if any, and limits of liability for insurance required in Article U ofA1A Document
A201 -2007 (as amended).)
AIA Document A133 -- 2009 (formerly A121 -CMe — 2003). Copyright ®1991. 2003 and 2009 by The American Institute of Architects. All rights reserved.
Init. WARNING: This AIA- Document Is protected by U.S. Copyright Law and Intemational Troatles. Unauthorized reproduction or distribution ofthIs AIA* 16
Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under tho law.
i This document was produced by AIA software at 09:39:54 an 01122/2015 under Order No.3345001306_1 which expires on 05113/2015, and is not fa resale.
User Notes: (2035055221)
§ 8.1,1 Workers' Compensation and Employers' Liability meeting statutory limits mandated by state and federal laws.
If (1) limits in excess of those required by statute are to be provided, or (2) the employer is not statutorily bound to
obtain such insurance coverage or (3) additional coverages are required, additional coverages and limits for such
insurance shall be as follows:
§ 8.1.2 Commercial General Liability including coverage for Premises - Operations, Independent Contractors'
Protective, Products - Completed Operations, Contractual Liability, Personal Injury and Broad Form Property Damage
(including coverage for Explosion, Collapse and Underground hazards):
$ 2,000,000 Each Occurrence
$ 4,000,000 General Aggregate
$ 2,000,000 Personal and Advertising Injury
$ 4,000,000 Products-Completed Operations Aggregate
.1 The policy shall be endorsed to have the General Aggregate apply to this Project only.
.2 Products and Completed Operations insurance shall be maintained for a minimum period of at least
( 1 ) year(s) after either 90 days following Substantial Completion or final payment, whichever is
earlier.
.3 The Contractual Liability insurance shall include coverage sufficient to meet the obligations in Section
3.18 of A20 IT" -2007 (as amended).
§ 8.1.3 Automobile Liability (owned, non -owned and hired vehicles) for bodily injury and property damage
$1,000,000 Each Accident
§ 8.1.4 Other coverage:
$ 25,000,000 — Umbrella Coverage
That portion of insurance including deductibles and bond premiums that can be directly attributed to this
Contract and expenses for Subcontractor and Supplier Surety shall be reimbursed at the following rate: 1)
Construction Manager's Subcontractor Supplier Default Insurance (SSDI) at nine - tenths of one percent (1.0%) of the
Subcontractor /Supplier value; 2) Construction Manager's actual premium cost of the above may be used. Application
of SSDI or surety bond shall be at the sole discretion of the Construction Manager.
The cost of the Construction Manager's insurance program shall be reimbursed at the rate of $9.00 per
thousand dollars of contract value. Rates shall be subject to adjustment on the first day of each calendar year if
required by the Construction Manager.
The Construction Manager will maintain Builders Risk Insurance at the rate of $0.15 per thousand of
contract value per month to insure the components of the project while under construction and shall also maintain
General Liability coverage as identified above to insure against losses to the adjacent structures from damage which
may be causes by construction activity.
(If Umbrella Excess Liability coverage is required over the primoy, insurance or retention, insert the coverage limits.
Commercial General Liability and Automobile Liability limits may be attained by individual policies or by a
combination ojprinrwy policies and Umbrella and/or Excess Liability policies. IJProject Management Protective
Liability Insurance is to be provided, state the limits here.)
§ 8.1.5 If required, the Construction Manager shall furnish bonds covering faithful performance of the Contract and
payment of obligations arising thereunder. Bonds may be obtained through the Construction Manager's usual source,
and the cost thereof shall be included in the Cost of the Work. The amount of each bond shall be equal to one hundred
percent (100%) of the Contract Sum.
(fable deleted)
ARTICLE 9 DISPUTE RESOLUTION
§ 9.1 Any Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions
set forth in this Article 9 and Article 15 of A201 -2007 (as amended). However, for Claims arising from or relating to
AIA Document A133- —2009 (formerly A121 ° CMc — 2003). Copyright ®1991.2003 and 2009 by The American InsOtule of Architects. All rights reserved.
Init. WARNING: This AIAa Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAu 17
Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.
I This document was produced by AIA software at 09:39:54 on 01/222015 under Order No.3345001306 1 which expires on 05!13 /2015. and is not for resale.
User Notes:
(2075055221)
the Construction Manager's PreconstrUCtion Phase services, no decision by the Initial Decision Maker shall be
required as a condition precedent to mediation or binding dispute resolution.
§ 9.2 For any Claim subject to, but not resolved by mediation pursuant to Section 15.3 of AIA Document A201 -2007
(as amended), the method of binding dispute resolution shall be as follows:
(Check the appropriate bar. If the Otmer and Construction Manager do not select a method of binding dispute
resolution below, a)- do not subsequently agree in writing to a binding dispute resolution method other than litigation,
Claims will be resolved by litigation in a court of competent jurisdiction.)
[ X ] Arbitration pursuant to Section 15.4 of AIA Document A201 -2007 (as amended)
[ ] Litigation in a court of competent jurisdiction
[ ] Other: (Specify)
(Paragraphs deleted)
ARTICLE 10 TERMINATION OR SUSPENSION
§ 10.1 Termination Prior to Establishment of the Guaranteed Maximum Price
§ 10.1.1 Prior to the execution of the Guaranteed Maximum Price Amendment, the Owner may terminate this
Agreement upon not less than seven days' written notice to the Construction Manager for the Owner's convenience
and without cause, and the Construction Manager may terminate this Agreement, upon not less than seven days'
written notice to the Owner, for the reasons set forth in Section 14. 1.1 of A201 -2007 (as amended).
§ 10.1.2 In the event of termination of this Agreement pursuant to Section 10.1.1, the Construction Manager shall be
equitably compensated for Preconstruction Phase services performed prior to receipt of a notice of termination. In no
event shall the Construction Manager's compensation under this Section exceed the compensation set forth in Section
4.1.
§ 10.1.3 If the Owner terminates the Contract pursuant to Section 10.1.1 after the commencement of the Construction
Phase but prior to the execution of the Guaranteed Maximum Price Amendment, the Owner shall pay to the
Construction Manager an amount calculated as follows, which amount shall be in addition to any compensation paid
to the Construction Manager under Section 10.1.2:
.1 Take the Cost of the Work incurred by the Construction Manager to the date of termination;
.2 Add the Construction Manager's Fee computed upon the Cost of the Work to the date of termination at
the rate stated in Section 5.1 or, if the Construction Manager's Fee is stated as a fixed sum in that
Section, an amount that bears the same ratio to that fixed -sum Fee as the Cost ofthe Work atthe time of
termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; and
.3 Subtract the aggregate of previous payments made by the Owner for Construction Phase services.
The Owner shall also pay the Construction Manager fair compensation, either by purchase or rental at the election of
the Owner, for any equipment owned by the Construction Manager which the Owner elects to retain and which is not
otherwise included in the Cost of the Work. To the extent that the Owner elects to take legal assignment of
subcontracts and purchase orders (including rental agreements), the Construction Manager shall, as a condition of
receiving the payments referred to in this Article 10, execute and deliver all such papers and take all such steps,
including the legal assignment of such subcontracts and other contractual rights of the Construction Manager, as the
Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager
under such subcontracts or purchase orders. All Subcontracts, purchase orders and rental agreements entered into by
the Construction Manager will contain provisions allowing for assignment to the Owner as described above.
If the Owner accepts assignment of subcontracts, purchase orders or rental agreements as described above, the Owner
will reimburse or indemnify the Construction Manager for all costs arising under the subcontract, purchase order or
rental agreement, if those costs would have been reimbursable as Cost of the Work if the contract had not been
terminated. If the Owner chooses not to accept assignment of any subcontract, purchase order or rental agreement that
would have constituted a Cost of the Work had this agreement not been terminated, the Construction Manager will
AIA Document A133'0 — 2009 (formerly A121" CMC — 2003). Copyright ®1991, 2003 and 2009 by The American Institute of Architects. All rights mowed.
[nit. AIA This AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" 18
Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extant possible under the law.
/ This document was produced by AIA software at 09:39:54 an 01122/2015 under Order No.3345001305_1 which expires on 0511312015, and is not for resale.
User Notes: (2035055221)
terminate the subcontract, purchase order or rental agreement and the Owner will pay the Construction Manager the
costs necessarily incurred by the Construction Manager because of such termination.
§ 10.2Termination Subsequent to Establishing Guaranteed Maximum Price
Following execution of the Guaranteed Maximum Price Amendment and subject to die provisions of Section 10.2.1
and 10.2.2 below, the Contract may be terminated as provided in Article 14 of AIA Document A201 -2007 (as
amended).
§ 10.2.1 If the Owner terminates the Contract after execution of the Guaranteed Price Amendment, the amount payable
to the Construction Manager pursuant to Sections 14.2 and 14.4 of A201 -2007 (as amended) shall not exceed the
amount the Construction Manager would otherwise have received pursuant to Sections 10. 1.2 and 10. 1.3 of this
Agreement.
§ 10.2.2 If the Construction Manager terminates the Contract after execution of the Guaranteed Maximum Price
Amendment, the amount payable to the Construction Manager under Section 14.1.3 of A201 -2007 (as amended) shall
not exceed the amount the Construction Manager would otherwise have received under Sections 10. 1.2 and 10. 1.3
above, except that the Construction Manager's Fee shall be calculated as if the Work had been fully completed by the
Construction Manager, utilizing as necessary a reasonable estimate of the Cost of the Work for Work not actually
completed.
§ 10.3 Suspension
The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201 -2007 (as amended). In
such case, the Guaranteed Maximum Price and Contract Time shall be increased as provided in Section 14.3.2 of AIA
Document A201 -2007 (as amended), except that the term "profit" shall be understood to mean the Construction
Manager's Fee as described in Sections 5.1 and 5.3.5 of this Agreement.
ARTICLE 11 MISCELLANEOUS PROVISIONS
§ 11.1 Terms in this Agreement shall have the same meaning as those in A201 -2007 (as amended).
§ 11.2 Ownership and Use of Documents
Section 1.5 of A201 -2007 (as amended) shall apply to both the Preconstruction and Construction Phases.
§ 11.3 Governing Law
Section 13.1 of A201 -2007 (as amended) shall apply to both the Preconstruction and Construction Phases.
§ 11.4 Assignment
The Owner and Construction Manager, respectively, bind themselves, their agents, successors, assigns and legal
representatives to this Agreement. Neither the Owner nor the Construction Manager shall assign this Agreement
without the written consent of the other, except that the Owner may assign this Agreement to a lender providing
financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement.
Except as provided in Section 13.2.2 of A201 -2007 (as amended), neither party to the Contract shall assign the
Contract as a whole without written consent of the other. If either party attempts to make such an assignment without
such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract.
§ 11.5 Other provisions:
§ 11.5.1 Owner acknowledges that certain information provided to it by Construction Manager contains information
deemed trade secret or proprietary to Construction Manager. Such information includes but is not limited to
Construction Manager's research, development, methods, processes, techniques, operations, computer programs;
pricing(price modeling and financial data of Construction Manager, it's subsidiaries, operating service groups and
affiliates companies, including data provided in support of applications for payment, change orders, or commercial
information, including value engineering and constructability studies; current and prospective clients, subcontractors,
and/or competitors; and proposals. Owner acknowledges the value of such information to the Construction Manager,
and agrees to use reasonable diligence in protecting this information from Unauthorized disclosures to third parties
(excluding any governmental regulatory bodies entitled to access such information by law, or Owner's parent,
subsidiary of affiliated companies, or Owner's auditor's or lenders to the extent such disclosure is necessary.
AIA Document A133Ta — 2009 (formerly Al 21 a CMc — 2003). Copyright ®1991, 2003 and 2009 by The American Institute of Architects. All rights reserved.
Init WARNING: This AIA- Document Is protected by U.S. Copyright Law and Intematlonal Trestles. Unauthorized reproduction or distribution of this AIA- 19
Document, or any portion of It, may msuIt In severe civil and criminal penaltles, and will be prosecuted to tha maximum extent possible under the law.
/ This document was produced by AIA software at 09:39:54 on OMV2015 under Order No.3345001306 1 which expires on 05/13/2015, and is not for resale.
User Notes: (2035055221)
§ 11.5.2 If Drawings are revised after the Drawings referenced in the Contract, the Owner shall have the Architect
re -date all revised sheets and clearly identify all changes by bubble and delta number or other means acceptable to the
Construction Manager and Owner. The Owner and Construction Manager acknowledge that it is difficult to determine
and implement changes that are not so identified. Regardless if the Contract is amended to incorporate revised
Drawings, the Guaranteed Maximum Price and Contract Time are subject to additional equitable adjustments for the
cost and time impacts if implementing any changes not so identified.
ARTICLE 12 SCOPE OF THE AGREEMENT
§ 12.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction
Manager and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement
may be amended only by written instrument signed by both Owner and Construction Manager.
§ 12.2 The following documents comprise the Agreement:
.1 AIA Document A133 -2009, Standard Form of Agreement Between Owner and Construction Manager
as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed
Maximum Price
.2 AIA Document A201 -2007 (as amended), General Conditions of the Contract for Construction
.3 AIA Document E20ITht 2007, Digital Data Protocol Exhibit, if completed, or the following:
.4 AIA Document E202Tx1 -2008, Building Information Modeling Protocol Exhibit, if completed, or the
following:
.5 Other documents:
(List other documents, if any, forining part of the Agreement.)
This Agreement i ter int as of the day and year first written above.
0 (ignature) CONSTRUCTI ANAGER (Signatu-m7
Warren Lehr Shane Fernandez
City Manager President - Southwest Operations
(Printed name and title) (Printed name and title)
AIA Document A133--2009 (formedy A121 O1CMo — 2003). Copyright ®1991. 2003 and 2009 by The American Institute of Architects. All rights reserved.
Init WARNING: This AIA- Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA- 20
Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.
1 This document was produced by AlAsoftware at 09:39:54 on 01/222015 under Order No.33450013061 which expires on 05/132015, and is not farresale.
User Notes:
(2035055221)
Additions and Deletions Report for
AIA® Document A 1331a — 2009
This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has
added to the standard form AIA document In order to complete it, as well as any text the author may have added to or deleted from the
original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text.
Note: This Additions and Deletions Report is provided for information purposes only and is not Incorporated Into orconstitute any part
of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by
AIA software at 09:39:54 on 0112 212 01 5.
PAGE
AGREEMENT made as of the Twenty seventh day ofJanuary in the year 2015
City of Owasso
( I I N Main Street
Owasso, OK 74055
(Name, legal status and address)
Nabholz Construction Corporation
10319 E 54" Street
Tulsa, OK 74146
918- 632 -7200
City Hall Renovation
76'h Street North
Owasso, OK 74055
BLK, Inc Architects and Engineers
1623 E 611 Street
Tulsa- OK 74120
Warren Lehr
City Manager
City of Owasso
I I I N Main Street
Owasso, OK 74055
918- 376 -1500
Shane Fernandez
Nabholz Construction Corporation
10319 E 54'h Street
Additions and Deletions Report for AIA Document A133 *e— 2009 (formerly A121 ^ CMc- 2003). Copyright D 1991.2003 and 2009 by The American Institute
of Architects. All rights reserved. WARNING: This AIA- Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIAa Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the
maximum extent possible under the law. This document was produced by AIA software at 09: 39: 54 an 01t222015 under Order No.33450013De lwhich expires
on 05/13/2015, and is not for resale.
User Notes; (2035055221)
Tulsa. OK 74146
918 -632 -7200
PAGE
Mr Kim D Reeve
HIM Inc Architects and Engineers
1623 E 6" Street
Tulsa, OK 74120
918- 835 -9588
PAGE
Additions and Deletions Report for AJA Document A133TM -2009 (formerly A121 °CMc — 2003). Copydght ®1991.2003 and 2009 by TheAmedcan Institute
of Architects. All rights reserved. WARNING: This AIAa Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this Alas Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the
maximum extent possible under the law. This documenlwas produced by AIA software at 09: 39: 54 on 01/2X2015 under0rder No.3345001306 1 which expires
on 05/132015, and is not for resale. —
UserNotes:
(2035055221)
Teo09-ARTg`i eTABLEOFARTICLES
The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications, Addenda issued prior to the execution of this Agreement, other documents
listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract
and are as fully a part of the Contract as if attached to this Agreement or repeated herein. Upon the Owner's acceptance
of the Construction Manager's Guaranteed Maximum Price proposal, the Contract Documents will also include the
documents described in Section 2.2.3 and identified in the Guaranteed Maximum Price Amendment and revisions
prepared by the Architect and famished by the Owner as described in Section 21-224.-2.2.7. The Contract represents the
entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or
agreements, either written or oral. If anything in the other Contract Documents, other than a Modification, is
inconsistent with this Agreement, this Agreement shall govern.
PAGE
For the Preconstruction Phase, AIA Document A2911"� 2007; A201Ta' -2007 (as amended). General Conditions of the
Contract for Construction, shall apply only as specifically provided in this Agreement. For the Construction Phase, the
general conditions of the contract shall be asset forth in A201 2007-,-A201-2007 (as amended). which document is
incorporated herein by reference. The term "Contractor" as used in A201 -2007 (as amended) shall mean the
Construction Manager.
The Construction Manager's Preconstruction Phase responsibilities are set forth in Sections 2.1 and 2.2. The
Construction Manager's Construction Phase responsibilities are set forth in Section 2.3. The Owner and Construction
Manager may agree, in eansultatien wick the A feh4e -•, for the Construction Phase to commence prior to completion of
the Preconstruction Phase, in which case, both phases will proceed concurrently. The Construction Manager shall
identify a representative authorized to act on behalf of the Construction Manager with respect to the Project.
Additions and Deletions Report for AIA Document A133*"— 2009 (formerly A121 T"CMC— 2003). Copyright ®1991, 2003 and 2009 by The American Institute
Of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and Intomatlonal Trealles. Unauthorized
reproduction or distribution of this AIAx Document, or any portion of it, may result In severe civil and crtminal penalUes, and will be prosecuted to the
maximum extent possible under the law. This document was produced by AIA software at 09:39:54 on 01/22/2015 under Order No.3345001306 1 which expires
on 0511312015, and is not for resale.
User Notes:
(2035055221)
The Construction Manager shall schedule and conduct meetings with the Architect and Owner to discuss such matters
as procedures, progress, coordination, and scheduling of the Work. The Construction Manager shall advise the Owner
and the Architect on proposed site use and improvements, selection of materials, and building systems and equipment.
The Construction Manager shall also provide recommendations consistent with the Project requirements to the Owner
and Architect on constructability; availability of materials and labor; time requirements for procurement, installation
and construction; and factors related to construction cost including but not limited to, costs of alternative designs or
materials, preliminary budgets, life- ^•z," "�t�^, and possible cost reductions.
§ 2.1.3 When Project requirements in Section 3.1.1 have been sufficiently identified, the Construction Manager shall
prepare and periodically update a Project schedule for the rehit --•'- review and •'•- ^wrier's acceptance. The
Construction Manager shall obtain the Architect's approval for the portion of the Project schedule relating to the
performance of the Architect's services. The Project schedule shall coordinate and integrate the Construction
Manager's services, the Architect's services, other Owner consultants' services, and the Owner's responsibilities and
identify items that could affect the Project's timely completion. The updated Project schedule shall include the
following: completion of various elements of the Architect's work submission of the Guaranteed Maximum Price
proposal; components of the Work; times of commencement and completion required of each °•:tee; •,
Subcontractor (or appropriate breakdown of the Work): ordering and delivery of products, including those that must
be ordered well in advanee Of e8 ;tFue ;c :; in advance of construction (if such products are known by or
communicated to the Construction Manager) and the occupancy requirements of the Owner.
PAGE5
§ 2.1.5.1 Based on the preliminary design and other design criteria prepared by the Architect, the Construction
Manager shall prepare preliminary estimates of the Cost of the Work or the cost of program requirements using area,
volume or similar conceptual estimating techniques for the Architect's review and Owner's approval. If the Architect
or Construction Manager suggests - suggest alternative materials and systems, the Construction Manager shall provide
cost evaluations of those alternative materials and systems.
§ 2.1.5.2 As the Architect progresses with the preparation of the Schematic Design, Design Development and
Construction Documents, the Construction Manager shall prepare and update, at appropriate intervals agreed to by the
GoArieF, s'- ""-' a `-'ate and. "' hi er and Construction Manager, estimates of the Cost of the Work of
increasing detail and refinement al aRDwin- fro• the r; ter._ dewleptineat of the until such time as the Owner
and Construction Manager agree on a Guaranteed Maximum Price for the Work. Such estimates shall be provided for
the Architect's review and the Owner's approval. The Construction Manager shall inform the Owner and Architect
when estimates of the Cost of the Work exceed the latest approved Project budget and make recommendations for
corrective action.
§ 2.1.7 The Genst urns _ the , -,. • e.8».Rer's- aeeeptattee; a
-if the Owner aerees 0 preebire 3"):o terris prier t9 the establishment ef the
ering and delkerj a' materials that must be ordered ivell
.. -- -- - Gas 'Reeeptable -to the
Additions and Deletions Report for AIA Document A133i° -2009 (formerly A121 ° CMe— 2003). Copyright 01991, 2003 end 2009 by The American Ins9tute
of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Trestles. Unauthorized 4
reproduction or distribution of this AIA® Document, or any portion of a, may result in severe civil and criminal penalties, and will be prosecuted to the
meal on um extent possible under the law. This document was produced by AIA software at 09:39:54 on 01/222 0 15 under Order Nu.3345001306_1 which expires
on 05/1312015, and is not for resale.
User Notes:
(2035055221)
§ 2.1.8 Extent of Respensibili. Notices and Compliance with Laws
The Construction Manager shall Y eY-- Rg sehedules and eq
Managef, heweveF, does net witrtant of a
S pee'Ceatie -e afe ee.Je -e., a
N. -omply with applicable laws, statutes, ordinances, codes, rules and regulations, er•
§ 2.2.1
e
0
Price, which shall be the sum
described in Section 2.2.3.1 and the Construction Manager's fee
§ 2.2.2 The Owner and Construction Manager acknowledge that the Construction Manager wilUhas developed the
Guaranteed Maximum Price based upon completed Contract Documents "CDs"
assumotions by the Con9 rucfion Manager To the extent that the Drawings and Specifications are anticipated to
require further development by the Architect, the Construction Manager Shall --e• ra° in the G - --lees a axiffi an
Ppiee -will include an allowance to be identified in Amendment # I for such further development consistent with the
Contract Documents and reasonably inferable therefrom. Such further development does not include such things as
changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, LC___.:_eJ shall he
PAGE
.4 The anticipated date of Substantial Completion upon which the proposed Guaranteed Maximum Price
is based; and
.5 A date by which the Owner must accept the Guaranteed Maximum PFiee- Price: and
Additions and Deletions Report forAIA Document A133*e— 2009 (formerly A121 r "CMc— 2003). Copyright 01991, 2003 and 2009 by The American Insulute
of Architects. All rights reserved. WARNING: This AIAV Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIAS Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the
maximum extent possible under the law. This document was produced byAIA software at09:39:54 on 01/22x2015 under Order No.3345001306_t which expires
on 05113x2015, and is nolfor resale.
User Notes: (2035055221)
§ 2.2.4
re *mw• sable as the Des' e` '`e "'e''' hut 'nPitided in ^`' --e Orde-. The Construction Manager shall meet with
§ 2.2.5
the i_,�c' OrT[mimrr
10410! 910111-0 P1. 0 IM 40111.
§ 2.2.7 The
include in the Guaranteed Maxlmllm Price all sales, consumer, use and similar taxes for the Work provided by the
Construction Manager that are legally enacted, at the time the Guaranteed Maximum Price Amendment is executed
Additions and Deletions Report forAIA Document A133'• — 2009 (formerly A121 TMCMC— 2003). Copyright 01991, 2003 and 2009 by TheAmedcan Institute
of Architects. All rights reserved. WARNING: This A,Ae Document Is protected by U.S. Copyright Law and International Trealles. Unauthorized
reproduction or distribution of this AIAe Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the
maximum extent possible under the law. This document was produced byAlA software at 09:39:54 on 01/222015 under Order No.3345001309_1 which expires
on 051132015, and is not for resale.
User Notes: (2035055221)
§ 2.2-9 The Getistrueden Managei: shall ifielude iff the GHapanteed MaxiFatini Nee all sales, eanstimer; use slid simila
' ethei: oF+ta" . , dHhe
taxes fep the tiffiA the r ., ...,d ar-.
PAGE
§ 2.3.1.1 For purposes of Section 8. 1.2 of -201200?rA201 -2007 (as amended). the date of commencement of the
Work shall mean the date of commencement of the Construction Phase.
§ 2.3.2.1 Those portions of the Work that the Construction Manager does not customarily perform with the
Construction Manager's own personnel shall be performed under subcontracts or by other appropriate agreements
with the Construction Manager. The Owner may designate specific persons from whom, or entities from which, the
Construction Manager shall obtain bids. However, if the Guaranteed Maximum Price has been established. the Owner
may not prohibit the Construction Manager from obtaining bids from other bidders The Construction Manager shall
obtain bids from Subcontractors and from suppliers of materials or equipment fabricated especially for the Work and
shall deliver such bids to the &ehiteef. Owner. The Owner shall then determine, with the advice of the Construction
Manager and the Architect, which bids will be accepted. The Construction Manager shall not be required to contract
with anyone to whom the Construction Manager has reasonable objection.
§ 2.3.2.3 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement, and
shall not be awarded on the basis of cost plus a fee without the prior consent of the Owner. If the Subcontract is
awarded on a cost -plus a fee basis, the Construction Manager shall provide in the Subcontract for the Owner to receive
the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Construction Manager
in Section 6-1- 1-6.10 below.
2.3.2.4 If the Construction Manager recommends a specific bidder that may Lr_� , 'd° ed a " -elated Va ;r
,,._.,:_...,. S__t:__ 1 is a parent, subsidiary. affiliate, or other entity having common ownership or management
with the Construction Manager, then the Construction Manager shall promptly notify the Owner in writing of such
relationship and notify the Owner of the specific nature of the contemplated tFS"slietieFl, aeoetding
649.2 - transaction.
§ 2.3.2.5 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures,
progress, coordination, scheduling, and status of the Work. The Construction Manager shall prepare and promptly
distribute minutes to the Owner and AA=..ekheet.Architect
§ 2.3.2.6 Upon the execution of the Guaranteed Maximum Price Amendment, the Construction Manager shall prepare
and submit to the Owner and Architect a construction schedule for the Work and submittal schedule in accordance
with Section 3.10 of A241- 3- . A201 -2007 (as amended).
PAGE
§ 2.3.2.8 The Construction Manager shall develop a system of cost control for the Work, including regular monitoring
of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. The G nstmetion
identify MaybageF Shall .el and est fated east_ _ad FlIpellf L
Section 2.3.2.7 above
Section 3.12.10 of A201 2007 (as amended) shall apply to both the Preconstruction and Construction Phases.
Additions and Deletions Report for AIA Document A133--2009 (formerly A121 -CMc — 2003). Copyright 01991, 2003 and 2009 by The American Institute
of Architects. All rights reserved. WARNING: This AIAa Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIAe Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the
maximum extant possible underthe law. This documenlwas produced byAlA software at 09:39:54 on 01/22/2015 under Order No.3345001306 1 which expires
on 05/13/2015, and is not for resale.
User Notes:
(2035055221)
Section 10.3 of A201 -2007 (as amended) shall apply to both the Preconstruction and Construction Phases.
§ 3.1.1 The Owner shall provide information with reasonable promptness, regarding requirements for and limitations
on the Project, including a written program which shall set forth the Owner's objectives, constraints, and criteria,
including schedule, space requirements and relationships, flexibility and expandability, special equipment, systems;
systems sustainability and site requirements.
PAGE
The Owner shall identify a FeffeftfiaAiYe atilherized to aet an behalfefthe Owne_ wide respeet to .h_ n_-: -u
designate in writing a representative who shall have express authority to bind the Owner with respect to all matters
requiring the Owners approval or authorization. The Owner's representative shall render decisions promptly and
furnish information expeditiously, so as to avoid unreasonable delay in the services or Work of the Construction
Manager. Except as otherwise provided in Section 4.2.1 ofa 291 20o^ -'r, A201 -2007 (as amended). the Architect does
not have such authority. The term "Owner" means the Owner or the Owner's authorized representative.
Preconstruction Manager $95 00/hr
Chief Estimator $75.00lhr
Senior Proiect Manager $95.00Jhr
§ 4.1.3 Ifthe PFeeenglinietign Phase sen-iees eeveped by this Agreement hai,e not been eampleted mithin ( )fflealihs
_ a-_. -_ the 1pe.n_s_a._ t io.- n _ a
..ap:vatic : r PFee n Phase seMees shall be equitably ^•' •ed "
based on Direct Personnel
Additions and Deletions Report for AIA Document A 133-- 2009(formerly At21l 'CMc- 2003). Copyright ® 1991, 2003 and 2009 by The American Institute
of Architects. All rights reserved. WARNING: This AIAv Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIAe Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the
maximum extent possible under the law. This documentwas produced byAlAsoftware at 09:39:54 on 01/22/2015 under Order No.334500130a -1 which expires
on 0511312015, and is not for resale.
User Notes: (2035055221)
peFsennel pFeAdia., PFee6fiStFUeti8fl falter -, avi vF[he
§ 4.2.1 Unless otherwise agreed, payments for services Shan hr. •••a- -•� ••r• - e
� •• r r Y
will be in accordance with 4. I.1.
PAGE 10
46
§ 5.1 For the Construction Manager's performance of the Work as described in Section 2.3, the Owner shall pay the
Construction Manager the Contract Sum in current €ends funds for the Construction Manager's performance of the
Contract. The Contract Sum is the Cost of the Work as defined in Section 6. 1.1 plus the Construction Manager's Fee.
A lump sum equal to Five Percent (5 %) of the Cost of the Work. The Construction Manager's fee shall be adjusted for
chances to the Work by zero percent (0 %) for deductive change orders and Five Percent (5 %) for additive changes.
§ 5.1.2 The Fnethed efit4justment efilte 1@81115R _ x r_ _ , C t
b a
Rental rates for Construction Manager -owned equipment shall not exceed One Hundred percent ( 100% ) of the
standard Tate paid at the place of the Project.
§ 5.1.3 '
Item
Units and Limitations Price Der Unit ($0.00)
§ 6.1.4 Rental fetes FaF GensiRtietien Nfatiagef eNkfled equipmeat shall not emeeed pepeeat ° Afthe swfidai,d rate
paid at the plae e fthe Pi:gje..,
Y
!fT^
4 5.2.1.2 Owner Acknowledges that the Guaranteed Maximum Price applies in the aggregate to all categories and line
items of the cost of Work as defined in Article 6 of this Agreement and in no event shall be considered a line item
guarantee of the cost of any individual portion of the Work.
Additions and Deletions Report for AIA Document A13 3 91 -20 09 (formerly A121 ° CMc- 2003). Copyright ®1991, 2003 and 2009 by The American Institute
ofArchitects. All rights reserved. WARNING: This AIAt Document is protected by U.S. Copyright Law and Intematlonal Treaties. Unauthorized
reproduction or dlslributlon of this AIAe Document, or any portion of it, may result In severe civil and crlminal penalties, and will be pros°cuted to the
maximum extent possible under the law. This document was Produced byAlA software at 09:39:54 on 0112212015 under Order No.3345001306 1 which expires
on 05/1312015, act is not for resale.
User Notes:
(2035055221)
§ 5.3.1 The Owner may, without invalidating the Contract, order changes in the Work within dte general scope of the
Contract consisting of additions, deletions or other revisions. The Owner shall issue such changes in writing. The
Architect may makeminor changes in the Work as provided in Section 7.4 of AIA DocumentA2N- 400- T,A201 -2007
(as amendedl. General Conditions of the Contract for Construction. The Construction Manager shall be entitled to an
equitable adjustment in the Contract Time as a result of changes in the Work.
§ 5.3.2 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution
of the Guaranteed Maximum Price Amendment may be determined by any of the methods listed in Section 7.3.3 of
AIA Document a ^n- - i 29007- A201 -2007 (as amended), General Conditions of the Contract for Construction.
§ 53.3 In calculating adjustments to subcontracts (except those awarded with the Owner's prior consent on the basis
of cost plus a fee), the terms "cost" and "fee" as used in Section 7.3.3.3 of AIA Document A201 -2007 (as amended)
and the term "costs" as used in Section 7.3.7 of AIA Document A201 -2007 (as amended) shall have the meanings
assigned to them in AIA Document A201 -2007 (as amended) and shall not be modified by Sections 5.1 and 5.2,
Sections 6.1 through 6.7, and Section 6.8 of this Agreement. Adjustments to subcontracts awarded with the Owner's
prior consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts.
§ 5.3.41n calculating adjustments to the Guaranteed Maximum Price, the terms "cost" and "costs" as used in the
above - referenced provisions of AIA Document A201 -2007 (as amended) shall mean the Cost of the Work as defined
in Sections 6.1 to 6.7 of this Agreement and the term "fee" shall mean the Construction Manager's Fee as defined in
Section 5.1 of this Agreement.
PAGE11
§ 6.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Construction Manager in the proper
performance of the Work.
eme t r
h _ :-_ eoasen. -e.� n The Cost of the Work shall include only the items set forth in Sections 6.1
through .. gh 6.7.
§ 6.2.1 Wages of construction workers directly employed by the Construction Manager to perform the construction of
the Work at the site c-, with the Owner'- - ' ^- - - - - -• -', -rat off -site workshops.
Classification Name
Wit is intended that the wages or salaries of certain personnel stationed at the Construction
Manager's principal voce ar olrces other than the site omce shall be included in the
Cost of the Work idemyy
identified below)
§ 6.2.3 Wages Still SftlBfieS efthP G811SWUP11*8111 N4aftageF'q suppizvosery --
e>
fhat8fieS, W6FkShePS OF all the Fead, in
.o
Additions and Deletions Report for AIA Document A133ie— 2009 (formerly A121 T "CNIc— 2003). Copyright ®1991, 2003 and 2009 by The American Institute
of Architects. All rights reserved. WARNING: This AIA° Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 10
reproduction ordletdbullon of this AIA^ Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the
maximum extent possible under the law. This documentwas produced by ALA software at 09:39:54 on 0112 212 01 5 under Order No.3345001300_1 which expires
on 0511312015. antl is not for resale.
User Notes:
(2035055221)
herein.
Contract Sum is based upon the Project not being subject to State and Federal Prevailing Wage Law. In the event
that this Project becomes subject to State or Federal Prevailing Wage Law the Contract Sum will be adiusted
accordingly.
PAGE 12
§ 6.5.2 Rental charges for temporary facilities, machinery, equipment and hand tools not easteRtafilyowned by
eensigetiefien workers the construction workers. which are provided by the Construction Manager at the ske-site.
whether rented from the Construction Manager or others. and costs of transportation, installation, minor repRirs
.repairs and replacements, dismantling and removal thereof. EDuioment owned
by the Construction manager shall be rented at a rate not to exceed the standard rental rate in the geographical area in
which the project is located.
§ 6,5.3 Costs of removal of debris and/or costs associated with diverting waste to a waste recycling center from the
site of the Work and its proper and legal disposal.
§ 6.5.4 Costs of document reproductions, facsimile transmissions and long- distance telephone calls, data lines
postage and parcel delivery charges, telephone service at the site and reasonable petty cash expenses of the site office.
§ 6.6.1 Premiums for that portion of #lsttreneeAnd- hall ds - insurance. bonds and other surety Programs required by the
Contract Documents and the Construction Manager that can be directly attributed to this Contract. Self- insurance for
either full or partial amounts of the coverages required by the Contract Documents, with the Owner's prim approval,
PAGE 13
§ 6.6.4 Fees of laboratories for tests required by the Contract Documents, except those related to defective or
nonconforming Work for which reimbursement is excluded by Section 13.5.3 of AIA Document A201 -2007
amended or by other provisions of the Contract Documents, and which do not fall within the scope of Section 6.7.3.
§ 6.6.5 Royalties and license fees paid for the use of a particular design, process or product required by the Contract
Documents; the cost of defending shits or claims for infringement of patent rights arising from such requirement ofthe
Contract Documents; and payments made in accordance with legal judgments against the Construction Manager
resulting from such suits or claims and payments of settlements made with the Owner's consent. However, such costs
of legal defenses, judgments and settlements shall not be included in the calculation of the Construction Manager's
Fee or subject to the Guaranteed Maximum Price. If such royalties, fees and costs are excluded by the last sentence of
Section 3.17 of AIA Document A201-2007 (as amended) or other provisions of the Contract Documents, then they
shall not be included in the Cost of the Work
§ 6.6.6 Costs for electronic equipment and software, directly related to the Wepli With the QWfl2r'S Prior
a"mya6Work.
Additions and Deletions Report forA1A Document A13391— 2009 (formerly A121 TMCmc — 2003). Copyright ®1991, 2003 and 2009 by The American Institute
of Architects. All rights reserved. WARNING: This AIA* Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 11
reproduction or distribution of this AIA* Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the
maximum extent posslble under the law. This docurrlentwas produced by AIA software at 09:39:54 on 01222015 under Order N0.33450013(16_1 which expires
on 05113/2015, and is not for resale.
User Notes: (2035055221)
§ 6.6.9 PFOBIF ap ^' a pe is s Exoenses incurred in accordance with the Construction
Manager's standard written personnel policy for relocation and temporary living allowances of the Construction
Manager's personnel required for the Work.
§ 6.7.2 Costs incurred in taking action to prevent threatened damage, injury or loss in case of an emergency affecting
the safety ofpersons and property, as provided in Section 10.4 of AIA Document r. "^-91 ;097..A201 -2007 (as
amended).
§ 6.7.4 The costs described in Sections 6.1 through 6.7 shall be included in the Cost of the Work, notwithstanding any
provision of AIA Document A201 -2007 (as amended) Pr other Conditions of the Contract which may require the
Construction Manager to pay such costs, unless such costs are excluded by the provisions of Section 6.8.
PAGE 14
.6 Any cost not specifically and expressly described in Sections 6.1 to 6.7; and
.7 Costs, other than costs included in Change Orders approved by the Owner, that would cause the
Guaranteed Maximum Price to be e°°°eded, an
.6 EeSt_ €IF sewiees+Reerred driving the Preeenstraetien Phase.-exceeded.
§ 6.10 Related Papty Tranisastiom Accounting Records
The Construction Manager shall keen full and detailed records and accounts related to the cost orthe Work and
exercise such controls as may be necessary for Proper financial management under this Contract and to substantiate all
filanagentent employee eP the GenstFuefieR Managels emms an), interest in exeess of tell joeveent in 1,
Say pefsen of eatity whieh has the 1. .elated _ nett ales an), ...1,_ fitly. •_fn_.:_,- c _• . _r__. _ _ identified „1._.
The Pongin-tion MaRn0 -er
keep
flill detailed
WAF11 Mid
shall
and
FeeeFdS and
ReeG'-'Htq
FPIAted to *11P PAst AffhP
0
thuditeps shall, - FegulaF
to audit and eopy, the Construction
"O"
o eempleie desuffientatie
a
,
o,
Additions and Deletions Report for AIA Document A1331m- 2009 (fonnarly A1211°Clnc - 2003). Copyright 01991.2003 and 2009 by The American Institute
of Architects. All rights reserved. WARNING: This AIA- Document is protected by U.S. Copyright Law and IntemalionaI Trestles. Una uthorizod 12
reproduction or dlstroutlon of this AIA- Document, or any portion of It, may rosu It in severe civil and criminal penalties• and will be prosecuted to the
maximum extent possible under the law. This document was produced try AIA software at 09:39:54 on 0122/2015 under Order No.3345001306_1 which expires
on 05113/2015. and is not for resale.
User Notes:
(2035055221)
pFeseFve these feeeFds feF a PeFiOd OfthiFet! 5'eafs after final payntent, eF feF sueli langeF PeFied RS F111115' be Fequifed by
4.-v-.
§ 7.1.3 Provided that an- Appkeatien -an application for Payment is received by the "r:, ehiteetarchitect not later than the
la day ofa -the month, the Owner shall make payment ^"`- --�to the Construction Manager not later
than the 20'" day of the same month. If an Application for Payment is received by the Architect after the application
date fixed above, payment shall be made by the Oymef : et latef than ( ) - aRe
caner not later than 30 days after
§ 7.1.4 AVidrlf rgguired by the owner with each Application for Payment, the Construction Manager shall submit
the Owner or Architect, shall provide any other evidence reasonably required by the Owner or Architect to
demonstrate that cash disbursements already made by the Construction Manager on account of the Cost of the Work
equal or exceed f 11progress payments already received by the Construction ".:ana -,' wManager: less (2) that
portion of those payments attributable to the Construction Manager's Fee,-plus-fee : plus (31 payrolls for the period
covered by the present Application for Payment.
PAGE 15
Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as
determined by multiplying the percentage ofcompletion of each portion of the Work by the share of the
Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending
final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be
included as provided in Section 7.3.9 of AIA Document A201 -398 A201 -2007 (as amended):
.3 Add the Construction Manager's Fee, less retainage of pereerx ( 4+. Zero (0% ). The Construction
Manager's Fee shall be computed upon the Cost of the Work at the rate stated in Section 3-1 -5.1.1 or, if
the Construction Manager's Fee is stated as a fixed sum in that Section, shall be an amount that bears
the same ratio to that fixed -sum fee as the Cost of the Work bears to a reasonable estimate of the
probable Cost of the Work upon its completion;
.4 Subtract retainage ofpereeFH{96}Zero ! 0% 1 from that portion of the Work that the Construction
Manager self - performs;
.7 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as
provided in Section 9.5 of AIA Document ^ AA �8TA201 -2007 (as amended).
§ 7.1.8
Additions and Deletions Report for AIA Document A133- —2009 (formerly A121TM Mc- 2003). Copyright® 1991, 2003 and 2009 by The American Institute
of Architects. All rights reserved. WARNING: This AIAa Document is protected by U.S. Copyright Law and International Trestles. Unauthorized 13
reproduction or distribution of this AIA- Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the
maximum extent possible under the law. This document was produced by AlAsoftware at 09:39:54 an 01/222015 under Order No .3345001309 1 which expires
on 05113/2015, and is not for resale.
User Notes: (2035055221)
PAGE 16
S 7111 Except with the Owner's prior approval the Construction Manager shall not make advance payments to
suppliers for materials or equipment which have not been delivered and stored at the site
1 the Construction Manager has fully performed the Contract except for the Construction Manager's
responsibility to correct Work as provided in Section 12.2.2 of AIA Document ,4201 ^n' ^t6
whielit extend `'y end final payme.,rA201 -2007 (as amended),
§ 7.2.2 The Owner's auditors will review and report in writing on the Construction Manager's final accounting within
30 days after delivery of the final accounting to the Architect by the Construction Manager. Based upon such Cost of
the Work as the Owner's auditors report to be substantiated by the Construction Manager's final accounting, and
provided the other conditions of Section 7.2.1 have been met, the Architect will, within seven days after receipt of the
written report of the Owner's auditors, either issue to the Owner a final Certificate for Payment with a copy to the
Construction Manager, or notify the Construction Manager and Owner in writing of the Architect's reasons for
withholding a certificate as provided in Section 9.5.1 of the AIA Document "'^:ter 200'.,201 -2007 (as amended).
The time periods stated in this Section supersede those stated in Section 9.4.1 of the AIA Document A20 -2007.
A201 -2007 (as amended). The Architect is not responsible for verifying the accuracy of the Construction Manager's
final accounting.
§ 7.2.3 If the Owner's auditors report the Cost of the Work as substantiated by the Construction Manager's final
accounting to be less than claimed by the Construction Manager, the Construction Manager shall be entitled to request
mediation of the disputed amount without seeking an initial decision pursuant to Section 15.2 of A201 201 2007.
A201 -2007 (as amended). A request for mediation shall be made by the Construction Manager within 30 days after
the Construction Manager's receipt of a copy of the Architect's final Certificate for Payment. Failure to request
mediation within this 30- da1,,-60"dav period shall result in the substantiated amount reported by the Owner's auditors
becoming binding on the Construction Manager. Pending a final resolution of the disputed amount, the Owner shall
pay the Construction Manager the amount certified in the Architect's final Certificate for Payment.
(State bonding requirements, if any, and limits of liabilily for insurance required in AlHicle I I ofA1A Deenment
A201 -2007 (as amended).)
Additions and Deletions Report for AIA Document A133- -2009 (formerly A121 -CMc- 2003). Copyright ®1991, 2003 and 2009 by The American Institute
ofArchitects. All rights reserved. WARNING: This AIAa Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 14
reproduction or distribution of this AIAs Document, or any portion of It, may rosult in severe civil and criminal penalties, and will be prosecuted to the
maximum extent possible under the law. This occurrent was produced by ALA software at 09:39:54 on 01!22/2015 under Order No.3345001306 1 which ezyires
on 05113/2015, and is not for resale.
User Notes:
(2035055221)
insurance shall be as fellows:
$ 4,000,000 General Aggregate
S 1000.000 Personal and Advertising Injury
S4,000,000 Products - Completed Operations Aggregate
earlier.
.3 The Contractual Liability insurance shall include coverage sufficient to meet the obligations in Section
3.18 of A20 Pi 2007 (as amended).
§ 8.1.3 Automobile Liability (owned, non -owned and hired vehicles) for bodily iniury and property damage,
51,000,000 Each Accident
4 8.1.4 Other coverage:
S 25.000.000 — Umbrella Coverage
percent (100%) of the Contract Sum.
Type of Insuninre BF 88R-d LOW of Liability OF Bond Amount ($0.00)
Additions and Deletions Report for AIA Document A733TM— 2009 (formerly A121 *" CNIc — 2003). Copyright ®1991, 2003 and 2009 by The American Institute
Of Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 15
reproduction or distribution of this AIAe Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the
maximum extent possible under the law. This documenlwas produced byAlA software at 09: 39: 54 on 01122I2015 under Order No.334500130a lwhichexpires
on 0511312015, and is nolfor resale.
User Notes:
(2035055227)
PAGE 17
§ 9.1 Any Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions
set forth in this Article 9 and Article 15 of ,-r A ^te 1 2007 .-A201 -2007 (as amended) However, for Claims arising from
or relating to the Construction Manager's Preconstruction Phase services, no decision by the Initial Decision Maker
shall be required as a condition precedent to mediation or binding dispute reselution, and Seetien 93 of thk
AgFeement shall net - °1 °.resolution.
§ 9.2 For any Claim subject to, but not resolved by mediation pursuant to Section 15.3 of AIA Document A201 200?,
A201 -2007 (as amended), the method of binding dispute resolution shall be as follows:
PAGE 18
[ X ] Arbitration pursuant to Section 15.4 of AIA Document A201 -2007 (as amended)
§ 9-3 initial D0136114811 Makei,
.... qPF'R as the initial Deei5i8fi Mllkff PUFStialit Is Seetien 15.2 eFAIA Daeumem A201 2007 ley
Claims t9thei- them the Aovhkeei-.�
o
§ 10.1.1 Prior to the execution of the Guaranteed Maximum Price Amendment, the Owner may terminate this
Agreement upon not less than seven days' written notice to the Construction Manager for the Owner's convenience
and without cause, and the Construction Manager may terminate this Agreement, upon not less than seven days'
written notice to the Owner, for the reasons set forth in Section 14. 1.1 of A 20 - ?;Sr.A201 -2007 (as amended).
The Owner shall also pay the Construction Manager fair compensation, either by purchase or rental at the election of
the Owner, for any equipment owned by the Construction Manager which the Owner elects to retain and which is not
otherwise included in the Cost of the MIME bi def Seetia:,- 10..'r -.;41. Work. To the extent that the Owner elects to take
legal assignment of subcontracts and purchase orders (including rental agreements), the Construction Manager shall,
as a condition of receiving the payments referred to in this Article 10, execute and deliver all such papers and take all
such steps, including the legal assignment of such subcontracts and other contractual rights of the Construction
Manager, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the
Construction Manager under such subcontracts or purchase orders. All Subcontracts, purchase orders and rental
agreements entered into bythe Construction Manager will contain provisions allowing for assignment to the Owner as
described above.
PAGE 19
Following execution of the Guaranteed Maximum Price Amendment and subject to the provisions of Section 10.2.1
and 10.2.2 below, the Contract may be terminated as provided in Article 14 of AIA Document
A ^t 01 290;LrA201 2007 (as amended).
Additions and Deletions Report for AIA Document A133TM -2009 (formerly A121 TMClde— 2003). Copydghl ®1991, 2003 and 2009 by The American Institute
of Architects. All rights reserved. WARNING: This AIAo Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 1 ti
reproduction or distribution of this AIAo Document, or any portion of It, may result in severe civil and criminal ponaltles, and will be prosecuted to the
maximum extant posslblo under the law. This document was produced by AlA software at 09:39:54 on 011222015 under Order No.3345001306 1 which expires
on 0511312015, and is not for resale.
User Notes:
(2035055221)
§ 10.2.1 If the Owner terminates the Contract after execution of the Guaranteed Maximum Price Amendment, the
amount payable to the Construction Manager pursuant to Sections 14.2 and 14.4 of A201 -2007 (as amended) shall not
exceed the amount the Construction Manager would otherwise have received pursuant to Sections 10. 1.2 and 10. 1.3 of
this Agreement.
§ 10.2.2 If the Construction Manager terminates the Contract after execution of the Guaranteed Maximum Price
Amendment, the amount payable to the Construction Manager under Section 14.1.3 of A201 -2007 (as amended) shall
not exceed the amount the Construction Manager would otherwise have received under Sections 10. 1.2 and 10. 1.3
above, except that the Construction Manager's Fee shall be calculated as if the Work had been fully completed by the
Construction Manager, utilizing as necessary a reasonable estimate of the Cost of the Work for Work not actually
completed.
The Work may be suspended by the Owner as provided in Article 14 of ALA Document A ° - ",z—r 1 2097.-A20 1-2007 (as
amended). In such case, the Guaranteed Maximum Price and Contract Time shall be increased as provided in Section
14.3.2 of AIA Document Ate' 200?rA201 -2007 (as amended), except that the term "profit" shall I be understood to
mean the Construction Manager's Fee as described in Sections 5.1 and 5.3.5 of this Agreement.
§ 11.1 Terms in this Agreement shall have the same meaning as those in Az04= 00:;.A201 -2007 (as amended
Section 1.5 of A201 -2007 (as amended) shall apply to both the Preconstruction and Construction Phases.
Section 13.1 of A201 -2007 (as amended) shall apply to both the Preconstruction and Construction Phases.
The Owner and Construction Manager, respectively, bind themselves, their agents, successors, assigns and legal
representatives to this Agreement. Neither the Owner nor the Construction Manager shall assign this Agreement
without the written consent of the other, except that the Owner may assign this Agreement to a lender providing
financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement.
Except as provided in Section 13.2.2 of A-291 = 99 YA201 -2007 (as amended). neither party to the Contract shall
assign the Contract as a whole without written consent of the other. If either party attempts to make such an
assignment without such consent, that party shall nevertheless remain legally responsible for al I obligations under the
Contract.
Additions and Deletions Report forAIA Document A133'" -2009 (formerly A121 -CMc- 2003). Copyright ®1991.2003 and 2009 by The American Institute
of Architects. All rights reserved. WARNING: This AIM Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 17
reproduction or distribution of this AIAa Document, or any portion of It, may result in severe civIt and criminal penalties, and will be prosecuted to the
maximum extent possible under the law. This document was produced by AlA software at 09:39:54 an 01122/2015 under Order 1,10.334500130a ! which expires
on 051132015, and is not for resale.
User Notes: (2035055221)
PAGE2O
.2 ALA Document A291 2007 A20I -2007 (as amended) General Conditions of the Contract for
Construction
Warren Lehr �7, Shane Fernande
Cijy Mana President- Southwest Ooeratlons
Additions and Deletions Report for AIA Document A133--2009 (formerly A121- CMc- 2003). Copydght ®1991, 2003 and 2009 by The American Institute
Of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized $
reproduction or distribution of this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the
maximum extent possible under the law. This document was produced by AIA software at 09:39:54 on 0112212015 under Order No.3345001309_7 which expires
an 05/13/2015, and is not for resale.
User Notes:
(2035055221)
Certification of Document's Authenticity
AIA® Document D401 T" — 2003
I, Shane Fernandez, hereby certify, to the best of my knowledge, information and belief, that I created the attached
final document simultaneously with its associated Additions and Deletions Report and this certification at 09:39:54 on
01/22/2015 under Order No. 3345001306_1 from AIA Contract Documents software and that in preparing the
attached final document I made no changes to the original text of AIA® Document A133Tat — 2009, Standard Form of
Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the
Work Plus a Fee with a Guaranteed Maximum Price, as published by the AIA in its software; other than those
additions and deletions shown in the associated Additions and Deletions Report,
(Signed)
(Title)
(Dated)
AIA uoeument U401 rm — 2003. COpydght ®1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIAI Document Is
Protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAa Document, or any portion of It, may
result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA
software at 09:39:54 on 0112212015 under Order No.3345001306_1 which expires on 05/1312015, and is not for resale.
User Notes:
(2035055221)
The City Wit lout Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: John W. Feary
Government Affairs & Special Projects
SUBJECT: Capital Improvements Agreement with Tulsa County for
East 1911, Street and North Garnett Road Improvements Project
DATE: July 2, 2015
BACKGROUND:
The City of Owasso recently gained approval by the Vision Authority for several projects to be
funded by the Vision 2025 excess funding package. A Capital Improvements Agreement with
Tulsa County will be required for each project. There are three propositions under which the
monies may be spent and projects are subject to previously approved ballot language and
project approvals.
The attached agreement pertains to the East 191h Street and North Garnett Road intersection
improvements (Academy Sports Location) which is eligible for funding under Proposition 2,
Capital Improvements to Promote Economic Development.
The project itself was previously approved by the City Council and is scheduled for completion
this month. The subject agreement of this memo must be executed in order to receive the funds
frorn the Vision Authority.
Moving forward with additional projects falling under the purview of the Vision 2025 funding
mechanism, similar agreements will be presented for each project. These future agreements
may be listed on the Consent Agenda as they will be precursors to the City Council awarding
the construction projects individually through the standard council approval process.
RECOMMENDATION:
Staff recommends City Council approval of the Capital Improvements Agreement with the Tulsa
County Board of County Commissioners for the East 191h Street and North Garnett Road
Improvements Project.
ATTACHMENT:
Capital Improvements Agreement
OWASSO EAST 19Th STREET AND NORTH
GARNETT ROAD IMPROVEMENTS PROJECT
CAPITAL IMPROVEMENTS
AGREEMENT
between
BOARD OF COUNTY COMMISSIONERS OF
TULSA COUNTY, OKLAHOMA
l m
CITY OF OWASSO, OKLAHOMA
Dated .2015
TABLE OF CONTENTS
1. DEFINITIONS ........................................................................................
..............................2
1.1.
" Advance" ..........................................................................................
..............................2
1.2.
"Application and Certificate for Payment". ...................... .....................
........................ 2
1.3.
"Approved Budget" ...........................................................................
............................... 2
1.4.
"Architect" ..... ........... ................................................._......................
............................... 2
1.5.
" Architect /Engineer Agreement " .....................................................
............................... 2
1.6.
"Authorization and Certificate of Program Manager "
2
1.7.
........... .................
"Authorization and Certificate of Project Manager'' .........................
.........................
............................... 2
1.8.
`Bidding Documents" ........................................................................
..............................2
1.9.
"Builder's Risk Insurance'' ................................................................
............................... 3
1.10.
"Certificate of Completion". ...... .............. _ .... ............................................................
3
1.11.
"Change Orders" ............................................................................
............................... 3
1.12.
"Completion Date" .........................................................................
..............................3
1.13
"Construction Advance" ................................................................
............................... 3
1.14.
"Construction Advance Request" ................................................
............................... 3
1.15.
"Construction Contracts" ...............................................................
............................... 3
1.16.
"Construction Schedul e" ................................................................
..............................3
1.17.
"Contracting Party .........................................................................
............................... 3
1.18.
" Contractors" ..................................................................................
..............................3
1.19.
"Cost of Construction".... ......................................................................................
3
1.20.
" County" .........................................................................................
..............................4
1.21.
"Depository'. ............................. ..................................... - ..........
............................ 4
1.22.
" Engineer .......................................................................................
..............................4
1.23.
"Excess Sales Tax' . ........................................................................
............................... 4
1.24.
"Governmental Approval s'' ............................................................
..............................4
1.25.
"Governmental Authority" ............................................................
............................... 4
1.26.
"Government Requirements" ........................................................
............................... 4
1.27.
" Improvements" ..............................................................................
..............................4
1.28.
"Land" ...........................................................................................
............................... 4
1.29.
"Maximum Amount of Advances" ................................................
............................... 4
1.30.
"Non - Construction Advance Request" ..........................................
............................... 4
1.31.
"Non- Construction Advance" ........................................................
............................... 4
132.
"Opinion of Contracting Party's Counsel" ....................:...............
............................... 5
1.33.
"Payment and Performance Bonds" ..............................................
............................... 5
1.34.
"Plans".. .............................................................................
5
1.35.
"Program Manager" .......................................................................
............................... 5
136.
" Project ...........................................................................................
..............................5
137.
"Project Manager" .........................................................................
............................... 5
1.38.
"Project Manager Agreement" ......................................................
............................... 5
1.39
"Resolution" ..................................................................................
............................... 5
1.40.
"Tennination Event' ......................................................................
............................... 5
1.40.1. Breach of Covenants ..............................................................
............................... 6
1.40.2.
Representations and Warranties .............................................
............................... 6
1.40.3.
Insolvency ..............................................................................
............................... 6
1.41. "Vision Authority" ........................................................................ ...............................
6
1.42. "Vision Authority Resolution".. .... ........................... I ..................................................
6
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
8
.......................................................... ...............................
6. DISBURSEMENT PROCEDURE ....................................................... ............................... 9
6.1. Request for Construction Advance ................................................... ...............................
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
63. Advances Solely from Excess Sales Tax ........................................ ...............................
10
6.8. Advances Subject to Annual Appropriation ................ ...: ........................ I.— ..... .. ......... ..
10
6.9. Subordination of Obligation to Make Advances ............................. ...............................
10
6.10. Construction Retainage ................................................................ ..........I....................
11
7. REPRESENTATIONS AND WARRANTIES OF CONTRACTING PARTY . ...........
11
7.1. Existence and Qualification ............................................................ ...............................
11
7.2. Authority, Approval and Enforceabil ity .......................................... ...............................
l l
7.3. No Violations .................................................................................. ...............................
12
7.4. Disclosure .......................................................................................... .............................12
7.5. Continuing Nature of Representations ............................................ ...............................
12
8. REPRESENTATIONS AND WARRANTIES OF BOARD .............. .............................12
8.1. Authority: Approval and Enforceability.. ................................................. .....................
12
8.2. Disclosure .......................................................................................... .............................12
9. REMEDIES ............................................................................................ .............................12
9.1. Termination of Advances ................................................................ ...............................
12
9.2. Waiver of Termination Event .......................................................... ...............................
12
9.3. Cumulative Remedies ..................................................................... ...............................
12
10. 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. PAYMENT OF THE COSTS OF BONDS OR NOTES .................... .............................13
19. GENERAL CONDITIONS ................................................................... .............................14
19.1. Nonwaiver ..................................................................................... .............................14
19.2. The Board's Satisfaction, .. ............ ....................... ........................................... ........
14
ri
19.3.
Establishment of Facts ................................................................. ...............................
14
19.4.
Relationship of Parties ...................................................................
.............................14
19.5.
Conditions for Exclusive Benefit of the Board. .... .....................................................
14
19.6.
Notices ...........................................................................................
.............................14
19.7.
Amendment; Waiver............ .................................. ..... ... .................
............................ 15
19.8.
Rights and Remedies ................................................................... ...............................
15
19.9.
Goveming Law ............................................................................ ...............................
15
19.10.
Third Party Beneficiary ............................................................... ...............................
15
19.11.
Prohibition Against Assignment .................................................. ...............................
16
19.12.
Entire Agreement ......................................................................... ...............................
16
19.13.
Captions and Paragraph Headings ............................................... ...............................
16
19.14.
Time of Essence ........................................................................... ...............................
16
19.15.
Binding Effect .............................................................................. ...............................
16
19.16.
Severability ....................................................................................
.............................16
19.17.
Invalidity of Provisions ............................................................... ...............................
16
LIST OR EXHIBITS
Exhibit "A" Description of hnprovements
Exhibit `B" Description of Land
Exhibit "C" Authorization and Certificate of Program Manager
Exhibit "D" Authorization and Certificate of Project Manager
Exhibit "E"
Exhibit "F"
Construction Advance Request
Non- Construction Advance Request
10
CAPITAL IMPROVEMENTS AGREEMENT
This CAPITAL IMPROVEMENTS AGREEMENT (the "Agreement ") made and entered
into this day of 2015, between the BOARD OF COUNTY
COMMISSIONERS OF TULSA COUNTY, OKLA140MA (the "Board ") and the CITY OF
OWASSO, OKLAHOMA, a municipal corporation (the "Contracting Party").
RECITALS
A. On July 7, 2003, the Board adopted a Resolution (the "Resolution ") calling for a
special election to levy and collect a sales tax to fund capital improvements for the purpose of
economic development within Tulsa County, Oklahoma.
B. On September 4, 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.
C. The Resolution provides that if the Board determines the projects listed within the
Resolution will be completed with existing and projected funds and that excess funds generated
from such sales tax (the "Excess Sales Tax ") will be available for additional projects, such
Excess Sales Tax may be expended for capital improvements for community enrichment, and the
Board, within its meeting on October 27, 2014, made such determination.
D. Pursuant to and in accordance with the terms of the Resolution, Tulsa County
Vision Authority, an Oklahoma public trust (the "Vision Authority") was created for the
purpose, among others, to determine which additional projects shall be funded with the Excess
Sales Tax.
E. On May 6, 2015, the Vision Authority, pursuant to the Resolution, adopted a
resolution (the "Vision Authority Resolution "), wherein it approved the funding from Excess
Sales Tax of Four Hundred Fifty -seven Thousand Fifty -six and no /100ths DOLLARS
($457,056.00) for the construction of capital improvements described within Exhibit "A"
attached hereto (the "Improvements ") on land described within Exhibit `B" attached hereto (the
"Land"). (The Improvements and the Land being hereinafter collectively referred to as the
"Project ").
F. The Contracting Party has requested the Board to make, pursuant to the
Resolution and the Vision Authority Resolution, disbursements of Excess Sales Tax to the
Contracting Party for the purpose of funding a portion of the costs of the construction of the
Project (the "Advances').
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 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.
1.3. "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 Excess Sales Tax, 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. "Authorization and Certificate of Progyram 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.
1.7. "Authorization and Certificate of Proiect 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.
1.8. "Bidding Documents" means the bid notices, instruction to bidders, plans and
specifications, bidding forms, bidding instructions, general conditions, special conditions and
2
Q: %TC1AWision2025 SURPLUS\ Owasso\ 190t& Oamctt\ Cityolpwayso- 19GamcOREIMBURSEMENT AGR.doc
all other written instruments prepared by or on behalf of the Contracting Party for use for
prospective bidders on public construction contracts regarding the hnprovements.
1.9. "Builder's Risk Insurance" means extended coverage insurance against loss or
damage by fire, lightning, wind stoup, 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.
1.10. "Certificate of Completion" means certificates satisfactory to the Board signed by
the Contracting Party and the Architect, Engineer or Project Manager 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.
1.11. "Change Orders' mean changes or modifications to any Construction Contractor
any other contract with labor or material suppliers.
1.12. "Completion Date" means the date of completion of the acquisition, construction,
equipping and furnishing of the Project, as that date shall be certified to the Board by the
Contracting Party within the Certificate of Completion.
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 "E."
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 to the
Completion Date, in forni 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
Q1TCIAwision2025 SURPLUS \Owasso \19th &GamcglCilyof Owasso- 19GunettR)5[MBURSENIL'NT AGR.doc
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.
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. "Excess Sales Tax" has the meaning set forth within Paragraph C of the Recitals
hereof.
1.24. "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 pen-nit and zoning clearance
issued by the city which has jurisdiction over the contemplated project.
1.25. "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.
1.26. "Government Requirements" means all laws, orders, decrees, ordinances, rules
and regulations of any Govermnental Authority.
1.27. "Improvements" means the Improvements described within Exhibit "A" attached
hereto.
1.25. "Land" has the meaning set forth in Paragraph E of the Recitals hereof.
1.29. "Maximum Amount of Advances" means $300,000.00.
1.30. "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."
1.31. "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.
a
Q:\TC1A \Vision2025 SURPLUS \Owwso\ 19th &Gnmetl \CityoftDw sso- 190amettRE1MBURSEML-N'r AGR.doc
1.32. "Opinion of Contracting Partv'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 tenns under applicable laws, except as the enforceability
thereof may be limited by applicable 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 Excess 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 federal, state and local governmental approvals, licenses and permits necessary
as of the date of the opinion to comply with any and all Governmental Requirements relating
to the Land, the construction of the hnprovements 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.
1.33. "Payment and Performance Bonds" means separate performance and labor and
material payment bonds with respect to the Construction Contracts and in the full amount of
Construction Contracts.
1.34. "Plans" means all detailed plans and specifications 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.
135. "Program Manager' means Program Management Group, L.L.C.
1.36. "Project" means the Improvements and the Land.
137. "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.
139 "Resolution" means the Resolution of the Board described within Paragraph A of
the Recitals hereof.
1.40. "Termination Event" shall mean the occurrence of any of the following:
5
QATCtA \Vision2025 SURPLUS \Owasso\ 19th &Gamest \CityoR Owasso- 19GamettREIMaURSEMENI' AGR.doc
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 withn 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 a 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.
1.41. "Vision Authority" means Tulsa Vision Authority, an Oklahoma public trust.
1.42. "Vision Authority Resolution" has the meaning set forth within paragraph E of
the Recitals hereof.
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 design, 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
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:
Q1TCLlwision2025 SURPLUS \Owasso\ 19th &GametilCityorOwa so- 19GarnettRL-IMBURSEMFNT AGR.doc
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;
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.
3.2. 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, if any;
4.2.2. Plans;
4.2.3. Copy of all Construction Contracts;
42.4. Copy of all Governmental Approvals;
4.2.5. All amendments to documents previously delivered to the Board by the
Contracting Party hereunder; and
Q:4rC1A \V isioo202S SIJRPLUS \OwassoV 9d,& Gemen\ CityoOTrasso- 19GameElPEIMBURSEMENT AGR.doc
4.2.6. Copy of all insurance policies required by Section 1 I hereof or certificates
that such insurance is in full force and effect;
4.2.7 Copy of Payment and Performance Bonds;
4.2.8. Copy of all Bidding Documents;
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.
5.11. All amendments to documents previously delivered to the Board by the
Contracting Party hereunder; and
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.
Q:UCIA \Vision2025 SURPLUS\Owu;o\ 19th& Gamctl\ Cit yotOwuso•19GamettREIMnURSEMEMf AGR.doc
5.3. 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;
6.13. 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 fonn 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
more frequently than monthly, the Contracting Party shall submit to the Board a Non -
Construction Advance Request, which shall be accompanied by the following:
0
QATC1A \Vision2025 SURPLUS \Owasso \1 9th& GametttCityo tO%i -mso- 19GamettR131MBURSrMI-NT AGR.doc
6.2.1. Billing statements, vouchers and invoices, in form 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. The Board and its Program
Manager shall have tine right, 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 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 shalt have no duty to make or cause the making of Advances hereunder to
the Contracting Party after July 1, 2016.
6.7. Advances Solely from Excess Sales Tax. All Advances hereunder shall be made
by the Board solely from Excess Sales Tax proceeds:
6.8. Advances Subject to Annual Appropriation. ]t 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 the sales tax
proceeds pursuant to projects agreements between the Board and the Tulsa County Industrial
Authority securing the payment of bonds issued by such Authority.
ID]
Q:\TCLMVision2025 SURPI,IJS \0«•asso \l 9th& GamcE I\ CipPot0wasso- 19GamcttRGIMBURS @MEN -r AGR.doc
6.10. Construction Retainage. 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:
6.10.1. A Construction Advance Request shall have been submitted to the Board
with respect to such retainage;
6.10.2. 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;
6.10.3 The written consent of the sureties named within the Payment and
Performance Bonds shall have been submitted to the Board.
6.10.4. 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;
6.10.5. The Contracting Party has complied with all the terns, 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,
6.10.6. The representations and warranties set forth within Sections 5, 7 and 8
hereof shall be true and correct on the date of disbursement of such retainage; and
6.10.7. No Termination Event exists wider 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 is an Oklahoma municipality,
validly existing and in good standing under the laws of the State of Oklahoma, and 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
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,
Q:\TCIA \Vision2025 SURPLUS\ 0wasso\ 19th& Gamctt\ CityofO wasso- 19GametlltEIMBURSEMENT AGR.doc
73. 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 Enforceabilitv. 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 terns.
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 Tennination Event, the Board may, at its option:
9.1. Termination of Advances. Tenninate the making of Advances. y
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.
93. 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
12
e: \TClA \Vision202S SURPLUS \Ow assn \19th&G=ettlCilyofO� sso- 19GamcttRE1MBURSEMENT AGR.doc
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. 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 Completion on or before July 1, 2016.
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 thereof.
I3. 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 hmprovements 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 terns and provisions of the Construction Contracts.
17. 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
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 witltheld or delayed.
18. PAYMENT OF THE COSTS OF BONDS OR NOTES. Pursuant to the Resolution and
other resolutions of the Board dated July 7, 2003, the Board has determined that excess funds
generated from sales tax totaling $45.500,000.00 (the "Total Excess Sales Tax ") will be available
13
Q:VrC1Awision2025 SURPLUS\ Owasso\ l9l h& Gamert\ Ciryofowasso- 19GamcitREIMBURSEMENT AGRdoc
for the funding of additional projects (including the Project). In the event the Tulsa County
Industrial Authority (the "Authority ") issues bonds or notes payable from the Total Excess Sales
Tax for the purpose of funding any such additional projects, the Contracting Party shall pay to
the Authority its proportionate share (1.02 %) of (i) the costs of the issuance of such bonds or
notes and (ii) the interest accruing on such bonds or notes. The proportionate share of such costs
of issuance shall be payable by the Contracting Party on the date of the issuance of such bonds or
notes, and the proportionate share of the interest accruing on such bonds or notes shall be
payable by the Contracting Party on the dates interest is due thereon. It is hereby acknowledged
that under applicable Oklahoma law, the Contracting Party may not become obligated beyond its
fiscal year (July 1 through June 30), and therefore, such payment obligations of the Contracting
Party shall be on a year -to -year basis. The Contracting Party's obligation to make such payments
is subject to the availability of funds and annual appropriations thereof by the Contracting Party.
19. GENERAL CONDITIONS. The following conditions shall be applicable throughout the
tern of this Agreement.
19.1. 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.
19.2. 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.
19.3. 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.
19.4. 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.
19.5. 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 terns and no other person shall, under any
circumstances, be deemed to be beneficiary of such conditions.
19.6. 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:
14
QITCIA1Vision2025 SURPLUS% Owasso \19th8Gamctt \Cityo( Owasso- 19GamettREiMBURSF.MENTAGR.doc
Tulsa County:
Board of County Commissioners
500 South Denver
Tulsa OK 74103
Attn: Chairman
Contracting Party:
City of Owasso, Oklahoma
111 N. 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.
19.7. 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.
19.8. Rights 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,
199. Governing Law. This 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.
19.10. 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.
15
Q:\TCIA%Vision2025 SURPI.USIOwasso \19the Gamett�Cityo[ Owasso- 19GamettRl;- IMBURSEMENT AGR.doc
19.11. 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.
19.12. Entire Agreement. This Agreement constitutes the entire agreement between the
parties hereto, with any and all prior agreements and understandings being merged herein.
19.13. 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
19.14. Time of Essence. Time is of the essence of this Agreement.
19.15. Binding Effect. This Agreement shall be binding upon and shall inure to the
benefit of the parties hereto and their respective successors and assigns.
19.16. 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.
19.17. Invaliditv of Provisions. If any tens 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.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
16
Q9TCIAlvision2025 SURPLUS\Owma o\l 9th& GarnctdCityofOwasso- l9GamcttRE1MBURSEMENT AGRA=
IN WITNESS WHEREOF, the parties hereto have executed and delivered this
Agreement as of the day and year first above written.
Date
ATTEST:
City Clerk
APPROVED:
City Attorney
"Contracting Party"
THE CITY OF OWASSO,
OKLAHOMA; a municipal corporation
By: _
Name:
Title:
..
BOARD OF COUNTY COMMISSIONERS OF
TULSA COUNTY
By
Name
Title Chairman
17
QATCIA \Vision2025 SURPLUS \Owasso\19th& Gamete', Cityo( Otrass'o- 190arnettREIMBURSPMENT AGR.doc
EXHIBIT "A"
DESCRIPTION OF IMPROVEMENTS
Construction and equipping of intersection improvements at East 19`h Street and North Garnett
Road.
EXH113IT "B"
DESCRIPTION OF LAND
Intersection at East 19`x' Street and North Garnett Road, Owasso, Oklahoma.
EXHIBIT "C"
AUTHORIZATION AND CERTIFICATE OF PROGRAM MANAGER
With a reference to the attached Advance Request in connection with the Owasso Bast
19`x' Street and North Garnett Road Improvements 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 tern 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
(c) 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 perfonned, 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
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 East 190' Street and North Garnett
Road Improvements 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 Commissioners 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 Count), Commissioners of Tulsa County, Oklahoma
c/o Program Manager
FROM: City of Owasso, Oklahoma
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 fill 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 met and payment of such obligations is proper pursuant
to the terms of the Agreement.
Date: CITY OF OWASSO, OKLAHOMA
By: Authorized Officer of the Contracting Party
APPROVED:
BOARD OF COUNTY COMMISSIONERS
OF TULSA COUNTY, OKLAHOMA
By:
Chairman
EXHIBIT "F"
NON - CONSTRUCTION ADVANCE REQUEST
TO: Board of County Commissioners of Tulsa County, Oklahoma
FROM: City of Owasso, Oklahoma
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
Pumoses
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 wider
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 terns of the Agreement.
Date:
By: Authorized Officer of the Contracting Party
APPROVED:
BOARD OF COUNTY COMMISSIONERS
OF TULSA COUNTY, OKLAHOMA
By:
Chairman