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Home My WebLink About2015.12.01_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL Council Chambers, Old Central Building 109 N Birch, Owasso, OK 74055 Regular Meeting Tuesday, December 1, 2015 - 6:30 pm 1. Call to Order Mayor Jeri Moberly 2. Invocation Apostle David Priest of The Rock of Greater Tulsa 3. Flag Salute 4. Roll Call 5. Presentation of the Character Trait of Compassion Melinda Foster, Open Table Caf6 'tt 6. Consideration and appropriate action relating to a request for approval of the Consent Agenda. (All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes • November 17, 2015, Regular Meeting B. Approve claims C. Approve Capital Improvement Agreements with Tulsa County Board of Commissioners - Vision 2025 Projects: • Sports Park 4 -Plex Lighting • Heart Healthy 5K Trail • Rayola Park Splash Pad Expansion D. Accept public infrastructure improvements: Lake Valley V, Phase III (E 114th St N and N 1451h E Ave) and ODEQ Permit No. SL000066120014 E. Approve Agreement for Urban Engineering Services (Engineer Agreement) with Cedar Creek Consulting, Inc. for sidewalk improvements to serve Starbucks located at 13506 E 116th St N 7. Consideration and appropriate action relating to items removed from the Consent Agenda 8. Consideration and appropriate action relating to Resolution 2015 -23, calling an election for the purpose of electing City Council representation for Ward 5 Juliann Stevens Staff recommends approval of Resolution 2015 -23. Consideration and appropriate action relating to Resolution 2015 -24, authorizing the execution of Right -of -Way, Public Utility and Encroachment Agreement for Federal -aid with the Oklahoma Department of Transportation (ODOT) for the project described as: Garnett Widening - E 761h St N to E 106th St N Roger Stevens Staff recommends approval of Resolution 2015 -24. Owasso City Council December 1, 2015 Page 2 10. Consideration and appropriate action relating to a supplemental engineering contract and financing agreement for engineering services involving the E 76th Street N Widening project Dwayne Henderson Staff recommends Council approval of the following: • Supplemental and Modification Agreement No. 1 to Provide Additional Engineering Services; • Supplemental Engineering Contract #1 -Financing Agreement; and • Authorization for payment of ODOT invoice dated 11 /23/2015 for $5,120. 11. Consideration and appropriate action relating to acceptance of the 2014 -2015 CDBG Sidewalk Project in Rayola Park and authorization for final payment Earl Farris Staff recommends acceptance of the project and authorization for final payment to J & P Ventures, LLC in the amount of $77,809.14 12. Consideration and appropriate action relating to acceptance of the FY 2014 -2015 Street Rehabilitation Project and authorization for final payment Earl Farris Staff recommends acceptance of the contract work and authorization for final payment to BECCO Construction in the amount of $186,193.79 13. Report from City Manager • Monthly Public Works Project Status Report • Vision 2025 Project Status Report 14. Report from City Attorney 15. Report from City Councilors 16. Official Notices to Council (documents for acknowledgment or information only, no discussion or action will be taken) • Payroll Payment Report- Pay Period Ending Date 11/14/2015 • Health Care Self- Insurance Claims- dated as of 11/24/2015 • DEQ Permit No. WL000072150405 for the construction of 426 linear feet of eight (8) inch PVC, 130 linear feet of six (6) inch PVC sanitary sewer to serve La Quinta Inn & Suites, Tulsa County, Oklahoma • DEQ Permit No. SL000072150196 for the construction of 844 linear feet of eight (8) inch PVC sanitary sewer to serve Phase II of Hickory Creek subdivision, Tulsa County, Oklahoma 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 the Agenda posted at City Hall bulletin board at 6:00 pm on Tuesday, November 24, 2015. %. LL; Sherry Bishop,gity Clerk 61 OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, November 17, 2015 The Owasso City Council met in regular session on Tuesday, November 17, 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, November 13, 2015. 1. Call to Order Mayor Jeri Moberly called the meeting to order at 6:30 pm. 2. Invocation The invocation was offered by Pastor Ami Shaffer of Destiny Life Church. 3. Flag Salute Councilor Bonebrake led the flag salute. 4. Roll Cali 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. Citizen, Kenneth Yates, has requested to address the Council relating to a storm water drainage repair project on the Bradford Pond in the Silver Creek subdivision Mr. Yates addressed the Council and presented documents. Mayor Moberly requested the City Manager review the information and report at the December 8, 2015, Worksession. 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 • November 3, 2015, Regular Meeting • November 10, 2015, Regular Meeting B. Approve claims C. Accept the donation from Southern Agriculture and approve a budget amendment in the Police Half -Penny Sales Tax Fund, increasing the estimated revenue and the appropriation for expenditures by $3,000 D. Accept public infrastructure improvements: Taco Bell (13315 E I I 61 St N) E. Accept public infrastructure improvements: Rejoice Christian Campus Phase I (10701 N 129th E Ave) F. Approve a budget amendment increasing the estimated revenues and the appropriation for expenditures in the General Fund, Community Center by $310.73 Owasso City Council November 17, 2015 Page 2 Dr. Kelley moved, seconded by Mr. Bonebrake to approve the Consent Agenda with claims totaling $236,114.73. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 5 -0 7. Consideration and appropriate action relating to items removed from the Consent Agenda None 8. Consideration and appropriate action relating to a donation from Friends of Owasso Police and a budget amendment in the Police Half -Penny Sales Tax Fund, increasing the estimated revenue and the appropriation for expenditures by $5,759.64 Scott Chambless presented the item recommending acceptance of a donation from Friends of Owasso Police and approval of a budget amendment in the Police Half -Penny Sales Tax Fund, increasing the estimated revenue and the appropriation for expenditures by $5,759.64. After discussion, Mr. Bonebrake moved, seconded by Mr. Bush to accept the donation, approve the budget amendment to increase the estimated revenue and increase the appropriation for expenditures, as recommended. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 5 -0 9. Consideration and appropriate action relating to acceptance of the Ator Headwall Project and authorization for final payment Earl Farris presented the item recommending acceptance of the contract work and authorization for final payment to Davis H. Elliot Construction in the amount of $18,972.90 resulting in a final contract amount of $129,472.15. After discussion, Mr. Bush moved, seconded by Mr. Dunn to accept the project and authorize final payment, as recommended. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 5 -0 10. Consideration and appropriate action relating to Resolution 2015 -22, selecting Guy Engineering Services, Inc. as the Oklahoma Department of Transportation prequalified consulting firm to perform the Local Government Bridge Safety Inspections Dwayne Henderson presented the item recommending approval of Resolution 2015 -22. After discussion, Dr. Kelley moved, seconded by Mr. Bonebrake to approve Resolution 2015 -22, as recommended. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 5 -0 11. Report from City Manager Mr. Lehr acknowledged recent city events. 12. Report from City Attorney None Owasso City Council November 17, 2015 Page 3 13. Report from City Councilors Councilors acknowledged efforts of staff. 14. Official Notices to Council (documents for acknowledgment or information only, no discussion or action will be taken) • Payroll Payment Report - Pay Period Ending Date 10/31/15 • Health Care Self- Insurance Claims - dated as of 1 1 /12/15 • Monthly Budget Status Report - October 2015 • DEQ Permit No. SL000072141054 for the construction of 2,776 linear feet of eight (8) inch PVC sanitary sewer line to serve the Rejoice Christian Campus, Tulsa County, Oklahoma 15. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) None 16. Adjournment Dr. Kelley moved, seconded by Mr. Bonebrake to adjourn the meeting. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried 5 -0 and the meeting adjourned at 7:25 pm. Jeri Moberly, Mayor Lisa Wilson, Minute Clerk Claims List 12/1/2015 Budget Unit Titil I Vendor Name I Payable Description Payment Amount MUNICIPAL COURT JJPMORGAN CHASE BANK AMAZON - STRENGTH FINDERS 19.84 TOTAL MUNICIPAL COURT 19.84 MANAGERIAL JPMORGAN CHASE BANK OWASSO CHAMBER - LUNCHEON 10.00 JPMORGAN CHASE BANK TULSA COUNTY BAR -DUES 195.23 TOTAL MANAGERIAL 205.23 HUMAN RESOURCES JPMORGAN CHASE BANK AMAZON - SECONDARY TRAY 287.08 COMMUNITYCARE EAP EMPLOYEE ASSISTANCE PROGR 248.00 TULSA WORLD ADVERTISING 919.56 DAVID D. RICE BLOOD BORNE PATHOGEN TRAI 400.00 JPMORGAN CHASE BANK AMAZON -HR PRINTER 615.91 TOTAL HUMAN RESOURCES 2,470.55 GENERAL GOVERNMENT MCAFEE &TAFT LEGALFEES 1,624.53 CINTAS CORPORATION CARPET CLEANING SERVICES 67.04 TULSA COFFEE SERVICE INC CITY HALL COFFEE SERVICE 125.75 BH MEDIA HOLDING GROUPS, INC LEGAL PUBLICATIONS 718.08 TULSA COUNTY CLERK FILING FEES 13.00 TULSA COUNTY CLERK FILING FEES 161.00 RICOH USA, INC. COPYING SERVICES - RICOH 104.30 DRAKE SYSTEMS INC COPIER SERVICES - UPSTAIR 465.91 DRAKE SYSTEMS INC COPIER SERVICES - UPSTAIR 474.90 AEP IPSO ELECTRIC USE 4,606.12 TOTAL GENERAL GOVERNMENT 8,360.63 COMMUNITY DEVELOPMENT SAV -ON PRINTING & SIGNS LLC NAMEPLATE PLACARDS 10.00 UNIFIRST HOLDINGS LP UNIFORM SHIRTS 17.72 UNIFIRST HOLDINGS LP UNIFORM SHIRTS 35.44 UNIFIRST HOLDINGS LP UNIFORM SHIRTS 45.43 UNIFIRST HOLDINGS LP UNIFORM SHIRTS 70.89 UNIFIRST HOLDINGS LP UNIFORM SHIRTS 88.61 TOTAL COMMUNITY DEVELOPMENT 268.09 ENGINEERING SAV -ON PRINTING & SIGNS LLC BUSINESS CARDWHENDERSON 30.00 UNIFIRST HOLDINGS LP UNIFORM CLEANING 19.56 UNIFIRST HOLDINGS LP UNIFORM CLEANING 19.56 UNITED STATES CELLULAR CORPORATION PW CELL PHONES 56.52 JPMORGAN CHASE BANK GRAPHIC RESOURCES -TONER 280.00 TOTAL ENGINEERING 405.64 INFORMATION TECHNOLOGY PRESIDIO NETWORKED SOLUTIONS, INC IREPLACEMENT CISCO ASA FIR 195.30 Page 1 Claims List 12/1/2015 Budget Unit Title Vendor Name Payable Description PaymentAmount INFORMATION TECHNOLOGY JPMORGAN CHASE BANK AMAZON- PRINTER WARRANTY 53.95 JPMORGAN CHASE BANK AMAZON- PRINTER TONER 145.28 JPMORGAN CHASE BANK ID ENHANCEMENTS -KEY FOBS 135.84 PRESIDIO NETWORKED SOLUTIONS, INC REPLACEMENT CISCO ASA FIR 310.00 PRESIDIO NETWORKED SOLUTIONS, INC REPLACEMENT CISCO ASA FIR 2,314.00 PRESIDIO NETWORKED SOLUTIONS, INC REPLACEMENT CISCO ASA FIR 4,659.90 TOTAL INFORMATION TECHNOLOGY 7,814.27 SUPPORT SERVICES JPMORGAN CHASE BANK JOHNSTONE -A/C PARTS 10.94 SPRINT SOLUTIONS, INC. SPRINT CARDS 79.98 JPMORGAN CHASE BANK SUPPLIES 10.94 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 11.85 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 11.85 SPOK, INC. PAGER USE 8.87 TOTAL SUPPORT SERVICES 134.43 CEMETERY SPOK, INC. PAGER USE 8.87 AEP IPSO ELECTRIC USE 25.67 JPMORGAN CHASE BANK LOWES -MULCH 26.94 JPMORGAN CHASE BANK LOWES- CULTIVATOR 25.98 TOTAL CEMETERY - 87.46 TULSA CTY DA REVOLV DRUC JPMORGAN CHASE BANK SAFEWARE-CLAN LAB EQUIPMT 3,101.49 TOTAL TULSA CTY DA REVOLV DRUG 3,101.49 POLICE COMMUNICATIONS JPMORGAN CHASE BANK HOBBY LOBBY - REPAIR PARTS 6.99 ' JPMORGAN CHASE BANK APCO -DUES 38.34 JPMORGAN CHASE BANK APCO INT'L -DUES 38.34 JPMORGAN CHASE BANK WATERSTONE -DRY CLEANING 51.45 JPMORGAN CHASE BANK SAMS CLUB- PRISONER BOARD 110.24 DEPARTMENT OF PUBLIC SAFETY OLETS USER FEE 450.00 AEP /PSO ELECTRIC USE 190.18 JPMORGAN CHASE BANK WALMART- PRISONER BOARD 188.02 TOTAL POLICE COMMUNICATIONS 1,073.56 ANIMAL CONTROL JPMORGAN CHASE BANK 5.11 TACTICAL -AC UNIFORMS 166.96 JPMORGAN CHASE BANK GALLS- UNIFORM ITEMS 128.37 JPMORGAN CHASE BANK LOCKE- SUPPLIES 2.93 JPMORGAN CHASE BANK OFFICE DEPOT-AC COMPUTERS 167.48 AEP /PSO ELECTRIC USE 136.16 JPMORGAN CHASE BANK KETCHALLCO - SUPPLIES 107.29 JPMORGAN CHASE BANK HOME DEPOT -AC BUILDING. 45.78 Page 2 Claims List 12/1/2015 Budget Unit Title Vendor Name Payable Description PaymentAmount ANIMAL CONTROL... DALE & LEES SERVICE, INC AC BUILDINGS 7,560.00 ALLIED FENCE CO OF TULSA, INC AC BUILDINGS - FENCING 6,254.00 JPMORGAN CHASE BANK HOME DEPOT -AC BUILDINGS 155.75 JPMORGAN CHASE BANK ABCO - RENTAL 873.20 JPMORGAN CHASE BANK LA POLICE GEAR -AC UNIFORM 44.05 JPMORGAN CHASE BANK WATERSTONE -DRY CLEANING 100.95 JPMORGAN CHASE BANK LOWES- SUPPLIES 79.16 JPMORGAN CHASE BANK SPAY - STERILIZATION SVCS 25.00 JPMORGAN CHASE BANK JIFFY SHIRTS - UNIFORM ITEM 28.59 TOTAL ANIMAL CONTROL 15,875.67 EMERGENCY PREPAREDNES AEP IPSO 1ELECTRIC USE 109.88 TOTAL EMERGENCY PREPAREDNESS 109.88 STORMWATER SPOK, INC. PAGER USE 35.48 JPMORGAN CHASE BANK BUMP2BUMP -DRIVE BELT 18.54 UNIFIRST HOLDINGS LP UNIFORM CLEANING 27.01 UNIFIRST HOLDINGS LP UNIFORM CLEANING 27,01 TOTAL STORMWATER 108.04 PARKS WASHINGTON CO RURAL WATER DISTRICT WATER SERVICE AT MCCARTY 36.00 UNIFIRST HOLDINGS LP PARKS UNIFORMS 15.25 UNIFIRST HOLDINGS LP PARKS UNIFORMS 15.25 JPMORGAN CHASE BANK LOWES- SUPPLIES 10.02 JPMORGAN CHASE BANK LOWES- SUPPLIES 11.11 JPMORGAN CHASE BANK LOWES -PARTS 3.36 AEP /PSO ELECTRIC USE 1,730.28 JPMORGAN CHASE BANK LOWES - SUPPLIES 25.92 JPMORGAN CHASE BANK P & K EQUIPMENT -SAW PARTS 158.50 JPMORGAN CHASE BANK ATWOODS- SUPPLIES 27.98 JPMORGAN CHASE BANK LIBERTY FLAGS -FLAG VET PK 76.40 JPMORGAN CHASE BANK LIBERTY FLAGS -FLAG 244.00 JPMORGAN CHASE BANK ACE HARDWARE- SUPPLIES 2.40 JPMORGAN CHASE BANK ACE HARDWARE- SUPPLIES 5.20 TOTAL PARKS 2,361.67 CULTURE AND RECREATION JPMORGAN CHASE BANK LOWES - WOODEN STAKE 1.87 JPMORGAN CHASE BANK LOWES- WOODEN STAKES 19.65 TOTAL CULTURE AND RECREATION 21.52 COMMUNITY CENTER AEP IPSO ELECTRIC USE 968.13 JPMORGAN CHASE BANK AMAZON -CLASS SUPPLIES 35.99 Page 3 Claims List 12/1/2015 Budget Unit Title Vendor Name Payable Description IPaymentAmount COMMUNITY CENTER... JPMORGAN CHASE BANK TARGET - THERMOMETER 13.39 JPMORGAN CHASE BANK TUCKER JANTLSUPPLIES 69.70 JPMORGAN CHASE BANK CLASS SUPPLIES 25.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 51.63 TOTAL COMMUNITYCENTER 1,163.84 HISTORICAL MUSEUM AEP /PSO JELECTRIC USE 107.12 TOTAL HISTORICAL MUSEUM 107.12 ECONOMIC DEV JPMORGAN CHASE BANK VISTAPRINT -ED MARKETING 97.99 TOTAL ECONOMIC DEV 97.99 FUND GRAND TOTAL 43,786.9 AMBULANCE SERVICE AMERICAN MUNICIPAL SERVICES CORP. COLLECTION SERVICES 638.54 TOTAL AMBULANCE SERVICE 638.54 AMBULANCE JPMORGAN CHASE BANK HENRY SCHEIN- SUPPLIES 938.67 JPMORGAN CHASE BANK MAIL THIS - SHIPPING CHARGE 11.60 MEDICLAIMS INC BILLING SERVICES 11,130.23 JPMORGAN CHASE BANK MCKESSON- FLU/TB SCREEN 602.72 JPMORGAN CHASE BANK STRYKER -COT BATTERY SYSTE 3,543.28 JPMORGAN CHASE BANK PHARM SYSTEMS- SUPPLIES 188.10 JPMORGAN CHASE BANK PSI - SUPPLIES 531.48 JPMORGAN CHASE BANK QUICK MED -GLOVE HOLDER 118.58 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 12.94 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 1,119.30 JPMORGAN CHASE BANK FRONTIER -MEDIC 3 REPAIRS 522.25 JPMORGAN CHASE BANK FULLERTON- SUPPLIES 61.50 JPMORGAN CHASE BANK FULLERTON- OXYGEN 43.50 JPMORGAN CHASE BANK QUADMED- SUPPLIES 281.80 TOTAL AMBULANCE 19,105.95 FUND GRAND TOTAL 19,744.4 E911 COMMUNICATIONS INCOG -E911 JE911 ADMIN SVC FEES 7,855.36 TOTAL E911 COMMUNICATIONS 7,855.36 FUND GRAND TOTAL 7,855.3 HOTEL TAX - ECON DEV JPMORGAN CHASE BANK ITRAVEL EXPENSE 21.81 Page 4 Claims List 12/112015 Budget Unit Title Vendor Name Payable Description PaymentAmount HOTEL TAX - ECON DEV... JPMORGAN CHASE BANK UBER -UBER FARE 42.76 JPMORGAN CHASE BANK UBER -UBER FARE 6.34 JPMORGAN CHASE BANK AMERICAN - BAGGAGE FEE 25.00 JPMORGAN CHASE BANK UBER -UBER FARE 27.36 JPMORGAN CHASE BANK UBER -UBER FARE 2435 JPMORGAN CHASE BANK LODGING EXPENSE 481.78 JPMORGAN CHASE BANK UBER -UBER FARE 17.30 JPMORGAN CHASE BANK UBER -UBER FARE 4.46 JPMORGAN CHASE BANK TULSA AIRPORT- PARKING 22.00 JPMORGAN CHASE BANK LODGING EXPENSE 8.66 AEP /PSO ELECTRIC USE 51.68 JPMORGAN CHASE BANK UBER -UBER FARE 5.20 JPMORGAN CHASE BANK AMERICAN - BAGGAGE FEE 25.00 TOTAL HOTEL TAX - ECON DEV 763.70 STRONG NEIGHBORHOODS JPMORGAN CHASE BANK ILIBERTY FLAGS -FLAGS 46.84 TOTAL STRONG NEIGHBORHOODS 46.84 FUND GRAND TOTAL 810.5 STORMWATER - STORMWATE AEP /PSO ELECTRIC USE 238.85 TOTAL STORMWATER - STORMWATER 238.85 FUND GRAND TOTAL 238.8 RAYOLA SPLASH PAD EXPAN LEMKE LAND SURVEYING RAYOLA PARK SURVEY 4,600.00 TOTAL RAYOLA SPLASH PAD EXPANS 4,600.00 RANCH CREEK TRAIL JLEMKE LAND SURVEYING SURVEY -RANCH CREEK TRAIL 13,100.00 TOTAL RANCH CREEK TRAIL 13,100.00 FUND GRAND TOTAL 17,700.0 SALES TAX FUND -FIRE JPMORGAN CHASE BANK LOWES- SUPPLIES 10.98 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 136.99 JPMORGAN CHASE BANK IMAGENET- COPIER MAINT 440,17 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 24.00 JPMORGAN CHASE BANK TAX CREDIT -7.59 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 113.99 JPMORGAN CHASE BANK LOWES - SUPPLIES 19.79 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 30.98 JPMORGAN CHASE BANK LOWES - SUPPLIES 39.07 Page 5 Claims List 12/1/2015 Budget Unit Title Vendor Name Payable Description Payment Amount SALES TAX FUND - FIRE... JPMORGAN CHASE BANK LODGING EXPENSE 93.45 JPMORGAN CHASE BANK LODGING EXPENSE 93.45 JPMORGAN CHASE BANK LODGING EXPENSE 101.04 JPMORGAN CHASE BANK STD SUPPLY -MAINT SUPPLIES 11.55 JPMORGAN CHASE BANK LOWESSUPPLIES 122.83 JPMORGAN CHASE BANK P & K EQUIP-SUPPLIES 160.66 JPMORGAN CHASE BANK TRAVEL EXPENSE 10.98 JPMORGAN CHASE BANK TRAVEL EXPENSE 9.99 JPMORGAN CHASE BANK SAMSCLUB- SUPPLIES 183.80 JPMORGAN CHASE BANK FASTENAL- SUPPLIES 23.86 JPMORGAN CHASE BANK FASTENALSUPPLIES 5.40 JPMORGAN CHASE BANK AMAZON -IT EQUIPMENT 211.71 JPMORGAN CHASE BANK ADVANCE AUTO- SUPPLIES 2.27 JPMORGAN CHASE BANK CONRAD FIRE -PUMP 4,292.00 JPMORGAN CHASE BANK CONRAD FIRE - FREIGHT CHARG 320.00 JPMORGAN CHASE BANK NAIL REG EMT - PATCHES 219.50 JPMORGAN CHASE BANK TRAVEL EXPENSE 4.31 JPMORGAN CHASE BANK SAMSCLUBSUPPLIES 39.96 JPMORGAN CHASE BANK LIBERTY FLAGS- UNIFORM 73.80 JPMORGAN CHASE BANK WALMARTSUPPLIES 39.36 JPMORGAN CHASE BANK YALE CLEANERS- UNIFORM 2.55 JPMORGAN CHASE BANK OREILLYS -PART 8.24 JPMORGAN CHASE BANK TARGET-SUPPLIES 15.96 JPMORGAN CHASE BANK WALMARTSUPPLIES 15.46 JPMORGAN CHASE BANK ISFSI - TRAINING EXPENSE 95.00 JPMORGAN CHASE BANK SUPPLYWORKSSUPPLIES 640.26 JPMORGAN CHASE BANK FLEET FEET-SHOES 95.00 JPMORGAN CHASE BANK LOWES- SUPPLIES 85.87 JPMORGAN CHASE BANK TRAVEL EXPENSE 27.75 JPMORGAN CHASE BANK ATWOODS- PADLOCK 14.99 JPMORGAN CHASE BANK LOWES- SUPPLIES 59.34 JPMORGAN CHASE BANK TRAVEL EXPENSE 41.73 JPMORGAN CHASE BANK LOWES- SUPPLIES 62.89 JPMORGAN CHASE BANK BEST BUY - CAMERA MOUNT 39.99 JPMORGAN CHASE BANK TRAVEL EXPENSE 11.00 JPMORGAN CHASE BANK SAFE KIDS - TRAINING 85.00 JPMORGAN CHASE BANK SAFE KIDS - TRAINING 85.00 AEP IPSO ELECTRIC USE 2,835.79 JPMORGAN CHASE BANK TRAVEL EXPENSE 11.00 JPMORGAN CHASE BANK IMAIL THIS- SHIPPING CHARGE 58.48 TOTAL SALES TAX FUND -FIRE 11,119.60 11,119.6 FUND GRAND TOTAL Page 6 Claims List 12/1/2015 Budget Unit Title Vendor Name Payable Description PaymentAmount SALES TAX FUND- POLICE JPMORGAN CHASE BANK AMAZON- UNIFORM ITEMS 215.88 JPMORGAN CHASE BANK AMAZON- UNIFORM ITEMS 91.44 AEP /PSO ELECTRIC USE 2,226.67 JPMORGAN CHASE BANK TRACTOR SUPPLY -K9 KENNELS 599.98 JPMORGAN CHASE BANK FAMILY MED -K9 MEDICAL FEE 65.50 JPMORGAN CHASE BANK TRAVEL EXPENSE 17.32 JPMORGAN CHASE BANK TRAVEL EXPENSE 21.65 JPMORGAN CHASE BANK TRAVEL EXPENSE 33.22 JPMORGAN CHASE BANK TRAVEL EXPENSE 32.46 JPMORGAN CHASE BANK SAFARILAND- UNIFORM ITEMS 656.00 JPMORGAN CHASE BANK PETSMART -K9 SUPPLIES 77.98 JPMORGAN CHASE BANK DEPT OF MILITARY - LODGING 175.00 JPMORGAN CHASE BANK WALMARTSUPPLIES 96.26 JPMORGAN CHASE BANK AMAZON- UNIFORM ITEMS 94.20 JPMORGAN CHASE BANK AMAZON- UNIFORM ITEMS 48.91 JPMORGAN CHASE BANK GALLS- UNIFORM ITEMS 437.68 JPMORGAN CHASE BANK TMDE CAL LABS - CALIBRATION 172.50 JPMORGAN CHASE BANK GALLS - UNIFORM ITEMS 209.42 JPMORGAN CHASE BANK SPECIAL OPS- UNIFORM ITEMS 615.96 JPMORGAN CHASE BANK ARROWHEAD- SUPPLIES 105.03 JPMORGAN CHASE BANK WALMART- REFUND -3.67 JPMORGAN CHASE BANK WALMART- RETURN -49.00 JPMORGAN CHASE BANK ULTRA MAX - AMMUNITION 1,230.00 JPMORGAN CHASE BANK AMAZON - UNIFORM ITEMS 8135 JPMORGAN CHASE BANK AMAZON- UNIFORM ITEMS 363.19 JPMORGAN CHASE BANK WALMART - SUPPLIES 69.40 JPMORGAN CHASE BANK AMAZON - UNIFORM ITEM 8.35 JPMORGAN CHASE BANK AMAZON - UNIFORM ITEMS 136.09 JPMORGAN CHASE BANK WALMART- SUPPLIES 5.67 JPMORGAN CHASE BANK SAMS CLUB - SUPPLIES 113.73 JPMORGAN CHASE BANK TRAVEL EXPENSE 6.62 JPMORGAN CHASE BANK TRAVEL EXPENSE 5.68 JPMORGAN CHASE BANK SOUTHERN AG -K9 FOOD 109,47 JPMORGAN CHASE BANK TROPHY 8 PLAQUE- SUPPLIES 46.50 JPMORGAN CHASE BANK AUDI TULSA - GARAGE PARTS 146.70 JPMORGAN CHASE BANK AUDI TULSA- SERVICE 54.00 JPMORGAN CHASE BANK WATERSTONE -DRY CLEANING 1,570.55 JPMORGAN CHASE BANK AT UR SVC- RESTROOM RENTAL 80.00 JPMORGAN CHASE BANK USPS- MAILING COSTS 7,67 JPMORGAN CHASE BANK AMAZON - UNIFORM ITEMS 22.11 JPMORGAN CHASE BANK LODGING EXPENSE 260.95 JPMORGAN CHASE BANK AMAZON- UNIFORM ITEMS 211.60 JPMORGAN CHASE BANK THOMSON -CLEAR ACCESS 276.01 JPMORGAN CHASE BANK ANTI - BULLYING WRISTBANDS 270.80 Page 7 Claims List 12/1/2015 Budget Unit Title Vendor Name Payable Description PaymentAmount SALES TAX FUND - POLICE... SPOK, INC. PAGER USE 35.48 JPMORGAN CHASE BANK AMAZON- UNIFORM ITEMS 44.24 JPMORGAN CHASE BANK AMAZON- UNIFORM ITEMS 35.51 JPMORGAN CHASE BANK EBAY -EBAY FEES 50.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 73.45 JPMORGAN CHASE BANK WALMART- DIGITAL CAMERA 294.00 JPMORGAN CHASE BANK AMAZON -SWAT EQUIPMENT 1,185.56 JPMORGAN CHASE BANK VIEVU - VIEVU CAMERAS 2,629.00 SOUTHERN AGRICULTURE K9 FEEDING SUPPLIES 31.08 JA CAPITAL, LLC HARD DRIVE REMOVAL 175.00 JA CAPITAL, LLC COPIER LEASE 100.00 JA CAPITAL, LLC COPIER LEASE 100.00 JA CAPITAL, LLC COPIER LEASE 100.00 RICH & CARTMILL NOTARY BOND - HUTTON 30.00 FLEET DISTRIBUTORS EXPRESS ISERVICE WORK 39.53 TOTAL SALES TAX FUND - POLICE 15,939.68 15,939.6 FUND GRAND TOTAL SALES TAX FUND- STREETS BECCO CONTRACTORS INC ASPHALT STREET REPAIRS 10,200.00 . UNIFIRST HOLDINGS LP UNIFORM CLEANING 47.60 UNIFIRST HOLDINGS LP UNIFORM CLEANING 45.65 APAC- OKLAHOMA, INC. ASPHALT 255.84 TWIN CITIES READY MIX, INC BASE REPAIRS- CONCRETE 2,562.50 JPMORGAN CHASE BANK MAXWELL -BOLT CUTTERS 110.58 JPMORGAN CHASE BANK LODGING EXPENSE 317.40 JPMORGAN CHASE BANK LODGING EXPENSE 317.40 JPMORGAN CHASE BANK LOWESSPRAYERS 33.96 JPMORGAN CHASE BANK BROWNCO - CONCRETE RAKES 64.74 _ SPOK, INC. PAGER USE 87.77 SIGNALTEK INC TRAFFIC SIGNAL REPAIR 21,363.00 JPMORGAN CHASE BANK TRAVEL EXPENSE 20.00 JPMORGAN CHASE BANK TRAVEL EXPENSE 19.27 JPMORGAN CHASE BANK LOWES- SUPPLIES 54.95 JPMORGAN CHASE BANK FASTENAL- HARDWARE 11.46 JPMORGAN CHASE BANK LOWES -REBAR 86.70 JPMORGAN CHASE BANK TRAVEL EXPENSE 52.00 JPMORGAN CHASE BANK TRAVEL EXPENSE 59.99 JPMORGAN CHASE BANK TRAVELEXPENSE 12.37 JPMORGAN CHASE BANK TRAVEL EXPENSE 11.73 JPMORGAN CHASE BANK GELLCO - SAFETY BOOTS 135.00 JPMORGAN CHASE BANK ATWOOD -DUST PLUGS 4.29 JPMORGAN CHASE BANK ATWOODS -ZIP TIES 11.98 JPMORGAN CHASE BANK TOLL FEE 2.00 Page 8 Claims List 12/1/2015 Budget Unit Title Vendor Name Payable Description PaymentAmount SALES TAX FUND - STREETS... JPMORGAN CHASE BANK MAXWELL -SAW BLADE 6.67 JPMORGAN CHASE BANK TRAVEL EXPENSE 8.72 JPMORGAN CHASE BANK TRAVEL EXPENSE 6.79 AEP /PSO ELECTRIC USE 1,638.83 TOTAL SALES TAX FUND-STREETS 37,549.19 FUND GRAND TOTAL 37,549.1 CI - FBO BUILDING BKL INCORPORATED ARCHITECTURAUENGINEERING 2,800.00 INABHOLZ CONSTRUCTION CORPORATION NEW CITY HALL RENOVATION 162,355,90 TOTAL CI - FBO BUILDING 165,155.90 FUND GRAND TOTAL 165,155.9 CITY GARAGE UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 32.04 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 32.04 JPMORGAN CHASE BANK GOODYEAR -TIRES 1,527.74 JPMORGAN CHASE BANK UNITED FORD -PARTS RESALE 2,111.69 JPMORGAN CHASE BANK OREILLYS -SHOP SUPPLIES 105.56 JPMORGAN CHASE BANK OREILLYSSMALL TOOLS 179.99 JPMORGAN CHASE BANK OREILLYS -PARTS RESALE 2,595.91 JPMORGAN CHASE BANK CLASSIC CHEV -PARTS 540.65 JPMORGAN CHASE BANK P & K EQUIP -PARTS 2.44 JPMORGAN CHASE BANK MATTHEWS FORD - REPAIRS 129.21 AEP /PSO ELECTRIC USE 36136 JPMORGAN CHASE BANK WELSCO- CUTTER TIPS 76.50 JPMORGAN CHASE BANK BUM2BUMP -PARTS RESALE 4,95 AT &T MOBILITY WIRELESS SERVICE 57.25 TOTAL CITYGARAGE - - 7,757.33 FUND GRAND TOTAL 7,757.3 WORKERS' COMP SELF -INS CITY OF OWASSO IMPRESTACCOUNT WORKERS COMP /FELL 323.00 CITY OF OWASSO IMPREST ACCOUNT IWORKERS COMP /FELL 32100 TOTAL WORKERS' COMP SELF -INS 646.00 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS - 3,902.76 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS 3,282.24 CITY OF OWASSO IMPRESTACCOUNT WORKERS COMP CLAIMS 366,98 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS 366.96 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS 81468.26 Page 9 Claims List 12/1/2015 Budget Unit Title I Vendor Name Payable Description jPayment Amount TOTAL WORKERS' COMP SELF -INS 8,581.70 FUND GRAND TOTAL 9'227'7 GEN LIAB -PROP SELF INS RICH & CARTMILL, INC RICH & CARTMILL, INC FIRE APPR PROP INSURANCE FIRE APP PROP INS ADD 20,695.00 78.00 TOTAL GEN LIAB -PROP SELF INS 20,773.00 FUND GRAND TOTAL 20,773.0 CITY GRAND TOTAL $357,658.56 Page 10 The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: John W. Feary Government Affairs SUBJECT: Vision 2025 Projects Capital Improvement Agreements with Tulsa County DATE: November 24, 2015 BACKGROUND: The City of Owasso and the Tulsa County Board of County Commissioners must enter into a Capital Improvements Agreement (CIA) for each individual project funded through the excess Vision 2025 revenues. On July 7 of this year, staff presented the first CIA pertaining to the 19th & Garnett Intersection Improvement Project with the intent of bringing the remaining CIAs to this body on subsequent consent agendas. PROPOSED ACTION: While there will be additional CIAs brought forward for consideration, at this time 3 agreements are recommended for Council approval. They are for the Sports Park 4 -Plex Lighting, the Heart Healthy 5K Trail and the Rayola Park Splash Pad Expansion. RECOMMENDATION: Staff recommends approval of the following Capital Improvement Agreements between the City of Owasso and Tulsa County: Sports Park 4 -flex Lighting Heart Healthy 5K Trail Rayola Park Splash Pad Expansion ATTACHMENTS: Capital Improvements Agreement with Tulsa County for Sports Park 4 -Plex Lighting Capital Improvements Agreement with Tulsa County for Heart Healthy 5K Trail Capital Improvements Agreement with Tulsa County for Rayola Park Splash Pad Expansion OWASSO EVENTS FACILITIES- SPORTS PARK PROJECT #1 CAPITAL IMPROVEMENTS AGREEMENT between BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY, OKLAHOMA "Tint 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" ....................................................................... ............................... 3 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 Schedule" ................................................................ ..............................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 Approvals" ............................................................ ..............................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" ........................................................ ............................... 5 1.32. "Opinion of Contracting Party's Counsel" . ............................... ... 5 . ............................... 1.33. "Payment and Performance Bonds" .............................................. ............................... 5 1.34. " Plans" ............................................................................................ ..............................5 1.35. "Program Manager' . ....................................................................... ...................... .......... 5 1.36. " Project ........................................................................................... ..............................5 1.37. "Project Manager" .......................................................................... ..............................5 1.38. "Project Manager Agreement" ...................................................... ............................... 5 1.39 "Resolution" .................................................................................. ............................... 5 1.40. "Termination Event" ...................................................................... ............................... 6 1.40.1. Breach of Covenants . ............................................................. ............................... 6 1.40.2. Representations and Warranties ............................................. ............................... 6 1.40.3. Insolvency .............................................................................. ............................... 6 i 1.41. "Vision Authority" ........................... ............................... .. ............................... 1.42. "Vision Authority Resolution" 6 .................. ... .... ............. ............................... 2. OBLIGATION OF BOARD TO MAKE ADVANCES 6 ...................... ............................... 3. CONDITIONS PRECEDENT TO THE BOARD'S OBLIGATION TO MAKE THE 6 INITIALADVANCE ........................................... ............................... .......................... 4. CONDITIONS PRECEDENT TO BOARD'S OBLIGATION TO MAKE 6 CONSTRUCTION ADVANCES .............................................. ............................... 5. CONDITIONS PRECEDENT TO BOARD'S 7 OBLIGATION TO MAKE NON. CONSTRUCTION ADVANCES .......................................................... ............................... 6. DISBURSEMENT PROCEDURE 8 ....................................................... ............................... 6.1. Request for Construction 9 Advance ....................... 6.2. Request for Non - Construction Advance 9 ..- ....................... ....... ............................... 9 6.3. Board's Inspection ............................... ............................. .. ... 6.4. Disbursements 10 ..................... ............................. ... ............................... ............................10 6.5. Maximum Amount of Advances ..................................................... ............................... 6.6. Date after which Advances Cease 10 .................. ................... 6.7. Advances Solely from Excess Sales Tax 10 ........................................ ............................... 10 6.8. Advances Subject to Annual. Appropriation ........... ............................... 10 ............... .......... 6.9. Subordination of Obligation to Make Advances ....................... ............................... 6.10. Construction Retainage 10 .............................. ... .... 7. REPRESENTATIONS AND WARRANTIES OF CONTRACTING PARTY 11 . ........... 11 7.1. Existence and Qualification ............................................................ ............................... 11 7.2. Authority, Approval and Enforceability .......................................... ............................... 11 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.,. ............. ............................................. ....... 8.2. Disclosure 12 ....................................................................... ............................... .....12 ............ 9. REMEDIES ............................................................................................ .............................12 9.1. Termination of Advances ................................................................ ............................... 12 9.2. Waiver of Termination Event .......................................................... ............................... 12 9.3. Cumulative Remedies ..................................................................... ............................... 10. COMPLETION OF THE PROJECT 12 .................................................. .............................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 . .......................................... ............ ............ .. ............ ................................ 19.2. The Board's Satisfaction 14 ............................................................. ............................... 14 ii 19.3. 19.4. 19.5. 19.6. 19.7. 19.8. 19.9. 19.10. 19.11. 19.12. 19.13. 19.14. 19.15. 19.16. 19.17. Establishment of Facts ............... Relationship of Parties ....... ............................... Conditions for Exclusive Benefit of the Board. Notices- - ------- -- - - ---- - Amendment; Waiver .......... ............................... Rights and Remedies ......... ............................... GoverningLaw .................. ............................... Third Parry Beneficiary ..... ............................... Prohibition Against Assignment ................ Entire Agreement ............... ............................... Captions and Paragraph Headings .................... Time of Essence . ....................... ............................... 14 ........................... ............................... 14 .......................... ............................... 14 .......................................................... 14 ........................... ............................... 15 ........... . ....................... I...................... 15 ............................. .............................15 ........................... ............................... 15 ........................... ............................... 16 .......................................................... 16 ........................................ I................. 1 BindingEffect ............................................ ............................... Severability................................................. ............................... Invalidity of Provisions ............................. ............................... LIST OF OC IIBITS Exhibit "A" Description of Improvements Exhibit `B" Description of Land Exhibit "C" Authorization and Certificate of Program Manager Exhibit "D" Authorization and Certificate of Project Manager Exhibit "E" Construction Advance Request Exhibit "F" Non - Construction Advance Request iii Ap .... .............................16 .. ............................... 16 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, OKLAHOMA (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 educational, health care and events facilities for the purpose of promoting economic development within Tulsa County, Oklahoma. B. On September 9, 2003, the duly qualified electors of Tulsa County, Oklahoma, did approve the levy and collection of such sales tax for the purposes set forth above. 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 educational, health care and events facilities which promote economic development, 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 Two Million Four Hundred Ninety-six Thousand Three Hundred Twenty and no /100ths Dollars ($2,496,320.00) for the construction of, among other capital improvements, the 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 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. "Annroved 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 Program Manager' means the Authorization and Certificate of Program Manager signed by the Program Manager in the form and content set forth on Exhibit "C" hereto. 1.7. "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. 2 Q:\TC]A \Visioa2025 SURPLUS\Ow so\Evants Facility Spotts Pall: \CityofQ.Sso- Events Facility- SpottcParkPmjetNtPEAIBUASFMEKr AGkdoc 1.8. `Bidding Documents" means the bid notices, instruction to bidders, plans and specifications, bidding forms, bidding instructions, general conditions, special conditions and all other written instruments prepared by or on behalf of the Contracting Party for use for prospective bidders on public construction contracts regarding the Improvements. 1.9. `Builder's Risk Insurance" means extended coverage insurance against loss or damage by fire, lightning, wind storm, hail, explosion, riot, vandalism, malicious mischief, riot attending a strike, civil commotion, aircraft, vehicles, smoke and other risks from time to time included under "extended coverage" policies, in an amount equal to 100% of the full replacement value of the Improvements. 1.10. "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 T." 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 form and content satisfactory to the Board, as amended from time to time by the Contracting Party with consent of the Board. 1.17. "Contracting Party" means the City of Owasso, Oklahoma. 1.18. "Contractors" means the contractors who execute Construction Contracts. 1.19. "Cost of Construction" means all costs of designing, acquiring, constructing, equipping and furnishing the Project, including, but not limited to, the cost of land or any 3 QATCIA%Vision2025 SURPLUS10wmo\Evcros Facility SPons ParLULYOMIIUso -EvcnL Facility- SPonsParlcPmj"191RF.WBLMSENMNT AGR.dx interest in land, obligations incurred for labor and materials and to architects, project managers, contractors, builders and materiahnen; the restoration or relocation of property damaged or destroyed in connection with the construction; and the cost of machinery, equipment or supplies purchased by the Contracting Parry for inclusion as part of the Project. 1.20. "Coun " means Tulsa County, Oklahoma. 1.21. "Depository" means BOKF, NA, 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. "En ig neer" 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 permit 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 Governmental Authority. 1.27. "Improvements' means the Improvements described within Exhibit "A" attached hereto. 1.28. "Land" has the meaning set forth in Paragraph E of the Recitals hereof. 1.29. "Maximum Amount of Advances" means $405,665.00. 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." rd QATCLA \Visien2025 SURPLUS \Ownsso\Events Facility Sports ParMityolUwasso- Events Facility -Sport Pul:Aoject #IREMIBURSEWN F AGRA= 131. "Non- Construction Advance" means any Advance for the payment of Costs of Construction other than the costs and fees which are properly payable to the appropriate Contractors pursuant to the Construction Contracts. 1.32. "Opinion of Contracting Party's Counsel" means an opinion from the Contracting Parry's counsel addressed to the Board, which opinion shall be in form and content satisfactory to the Board and shall include, but not be limited to, the following (i) the Contracting Party has the authority and capacity to enter into this Agreement; (ii) this Agreement is a legal, valid and binding obligation against the Contracting Party, fully enforceable in accordance with its terms under applicable laws, except as the enforceability thereof may be limited by applicable 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 Improvements thereon and the occupancy thereof; (vi) such delivery and compliance by the Contracting Party with the terms of this Agreement do not, to the Contracting Party's counsel's best knowledge, conflict with or violate any agreement to which the Contracting Party is a party or is bound; and (vii) the Contracting Party is a duly organized and validly existing municipal corporation under the laws of the State of Oklahoma. 1.33. "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 Parry with consent of the Board. 135. "Program Manager" means Program Management Group, L.L.C. 136. "Project" means the Improvements and the Land. 1.37. "Project Manager" means the project manager or construction manager who executes the Project Manager Agreement. 138. " Proiect Manager Agreement" means the agreement between the Contracting Party and the Project Manager regarding the Improvements. 1.39 `Resolution" means the Resolution of the Board described within Paragraph A of the Recitals hereof. E Q: \TCIA \Vision2025 SURPLUS\OsvasnolEvcnts Facility Sports PaddCityo(Owns Evcnts Facility- SpodsParLProjcctl)IREMURSEMENT AGRdoc 1.40. "Termination Event" shall mean the occurrence of any of the following: 1.40.1. Breach of Covenants. Failure by the Contracting Party in the punctual performance or observation of any covenant or agreement on its part in this Agreement, and such default shall have continued for a period of thirty (30) days after written notice thereof, specifying such default and requiring the same to be remedied, shall have been given to the Contracting Party by the Board. 1.40.2. Representations and Warranties. Any representation, statement, certificate, schedule or report made or famished to the Board by the Contracting Party proves to be false or materially misleading at the time of the making thereof; or any warranty ceases to be complied with in any material respect, and Contracting Party fails to take or cause to be taken corrective measures satisfactory to the Board within thirty (30) business days after receipt of written notice from the Board relating to the particular Termination Event. 1.40.3. Insolvency. The Contracting Party shall (i) apply for or consent to the appointment of a receiver, trustee or a liquidator of the Contracting Party or its properties; (ii) admit in writing the inability to pay its debts 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 Parry 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. N QATC[A\Vision2025 SURPLUMwazsMEwots Facility Sports Park CO RA SQ-Evenis Faci1i1y- SP0MPa kProjecta REMURSEMENT AGP dx 3.1. The Board has received the following documents: 3.1.1. Approved Budget; 3.1.2. Written detailed description of the Project; 3.1.3. Construction Schedule; 3.1.4. Opinion of Contracting Party's Counsel; 3.1.5. Copy of Project Manager Agreement, if any; 3.1.6. Copies of all other then - existing agreements executed by the Contracting Party in connection with the acquisition, construction, equipping and furnishing of the Project; 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; 4.2.4. Copy of all Governmental Approvals; QATCIANision2025 SURPLUSIOwasso\Events Facility SPons Pwk*\CitpnlOwasso- Events Facility- SponsPukPtoject59REU MURSENfL -N7 AGRdw 4.2.5. All amendments to documents previously delivered to the Board by the Contracting Party hereunder; and 4.2.6. Copy of all insurance policies required by Section 11 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. 5.2.1. All amendments to documents previously delivered to the Board by the Contracting Party hereunder; and QATCIANision2025 SURPLUS \Owmso\Evenu Facility Sports ParklCitYGfO%vms Evenu Facility- SPoruParkProjCCMREDBURSEIvtENT AGRd 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. Budget. 5.3. The Non - Construction Advanoe complies and is in accordance with the Approved 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 Parry, or to the appropriate payee, for the purpose of paying Costs of Construction items specified in the Approved Budget, in accordance with the following procedures: 6.1. Request for Construction Advance. Not less than fifteen (15) business days before the date on which the Contracting Party desires a Construction Advance, but not more frequently than monthly, the Contracting Party shall submit to the Board a Construction Advance Request, which shall be accompanied by the following: 6.1.1. Application and Certificate for Payment dated as of the date of the Request for Advance; 6.1.2. Billing statements, vouchers and invoices, in form and content satisfactory to the Board, with regard to items that are the subject of the Construction Advance Request; 6.1.3. If the Construction Advance is for the purpose of reimbursing the Contracting Party for Costs of Construction previously paid by the Contracting Party, evidence satisfactory to the Board of such prior payment; 6.1.4. If requested by the Board, appropriate waivers of lien rights, in form and content satisfactory to the Board and its legal counsel, executed and acknowledged by all Contractors, sub - contractors, laborers and materialmen who have furnished labor or materials relating to the Improvements; 6.1.5. Authorization and Certification of Project Manager, 6.2. Request for Non - Construction Advance. Not less than fifteen (15) business days before the date on which the Contracting Party desires a Non - Construction Advance, but not QATCiA \Visian2025 SURPLUS \O,,wso\Evens Facility Sports PwMityo}Ouwso- Evcnts Faci[ity- SponsPaz{;Proiwtk]RFMURSEN EW AGRdoc more frequently than monthly, the Contracting Party shall submit to the Board a Non - Construction Advance Request, which shall be accompanied by the following: 6.2.1. Billing statements, vouchers and invoices, 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 Parry 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 the 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 shall have no duty to make or cause the making of Advances hereunder to the Contracting Party after November 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. It is hereby acknowledged that under applicable Oklahoma law, the Board may not become obligated beyond its fiscal year (July 1 through June 30), and therefore, the covenants made herein by the Board shall be on a year -to- year basis. The Board's obligation to make Advances is subject to the availability of funds and annual appropriations thereof by the Board. 6.9. Subordination of Obligation to Make Advances. The Board's obligation to make Advances is fully subordinate to the Board's obligation to make payments of 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. 10 QATClA %Vision2025 SURPLUS\O.,=o\Evcros Facility Sports Park \CilyolOwasso-Events Facility- SpomParUPTojectPIRED4BORSEMENT 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 famishing 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 terms, provisions and conditions of this Agreement; including, but not limited to the conditions precedent and procedures set forth within Sections 3, 4, 5 and 6 hereof; 6.10.6. 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 under the Agreement. 7. REPRESENTATIONS AND WARRANTIES OF CONTRACTING PARTY, The Contracting Party represents and warrants to, and covenants with the Board as follows: 7.1. Existence and Qualification. The Contracting Party 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 Parry 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. 11 Q:TCWVision2025 SURPLUS\Owuso\Evcros Facility Spans PwiACityofo%aSs Evcnls Facility- spomPar ;ProjecoIREujmJRSFNffiNTAGRdoc 7.3. No Violations. Based upon a reasonable investigation, there exist no violations of any statutes, rules, orders, ordinances, regulations or requirements of any Governmental Authorities with respect to the Land, and the anticipated use thereof complies with all applicable statutes, rules, ordinances, regulations or requirements (including, without limitation, zoning, environmental, ecological, landmark and all other applicable categories) affecting the Land. 7.4. Disclosure. The representations and warranties made to the Board by the Contracting Party contain no untrue statements of material facts, and the Contracting Party has not intentionally omitted to disclose any material fact. 7.5. Continuing Nature of Representations. Each of the representations and warranties set forth herein will be true on the date of each Advance hereunder, and the acceptance of any Advance hereunder by the Contracting Party shall be deemed to be a reaffirmation of each and every one of said representations and warranties. 8. REPRESENTATIONS AND WARRANTIES OF BOARD. The Board hereby represents and warrants to, and covenants with the Contracting Party as follows: 8.1. Authority. Approval and Enforceability. The Board has all requisite power and authority to execute and deliver this Agreement and to perform its obligations under this Agreement. This Agreement has been executed and delivered on behalf of the Board and constitutes a legal and binding obligation of the Board, enforceable against the Board in accordance with its terms. 8.2. Disclosure. The representations and warranties made to the Contracting Party by the Board contain no untrue statement of material fact and the Board has not intentionally omitted to disclose any material fact. 9. REMEDIES. Upon the occurrence of a Termination Event, the Board may, at its option: 9.1. Termination of Advances. Terminate the making of Advances. 9.2. Waiver of Termination Event. The Board may, at its option, by an instrument in writing signed by the Board, waive any Termination Event which shall have occurred and any consequences of such Termination Event and, in such event, the Contracting Party and the Board shall be restored to their former respective rights and obligations hereunder. Any Termination Event so waived shall, for purposes of this Agreement, be deemed to have been cured and not to be continuing; but no such waiver shall extend to any subsequent or other Termination Event or impair any consequence of such subsequent or other Termination Event or any of the Board's rights relating thereto. 9.3. Cumulative Remedies. The remedies herein provided shall be in addition to and not in substitution for the rights and remedies which would otherwise be vested in the Board in law or equity, all of which rights and remedies are specifically reserved by the Board. The remedies herein provided or otherwise available to the Board shall be cumulative and may be exercised concurrently. The failure to exercise any of the remedies herein provided shall not 12 QATCIAMsion2025 SURPLUS \Owasso\Evnnts Facility Sports Parf:\CityofOwasso- Events Facility- SPerlsParkProjec1OI RENDURSEMENT AGAdoc 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 mariner 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 November 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. 13. AUDIT. The Board shall have the right at all reasonable times during regular business hours to audit or cause the audit of the books and records of the Contracting Party pertaining to the acquisition, construction, equipping and furnishing of the Project and to audit or cause the audit of the administration of the acquisition, construction, equipping and furnishing of the Project. 14. COPIES OF FILED LIENS. The Contracting Party shall deliver to the Board copies of all mechanics', materialmen's or laborers' liens filed against the Improvements or the Land, within five (5) days after the Contracting Party's knowledge thereof. 15. GOVERNMENT REQUIREMENTS AND PUBLIC COMPETITIVE BIDDING ACT. The Contracting Party shall construct the Improvements in accordance with all applicable Government Requirements and shall, in connection therewith, comply with the Oklahoma Public Competitive Bidding Act of 1974 and any amendments thereto. 16. CONSTRUCTION CONTRACTS. The Contracting Party shall at all times comply with the terms and provisions of the Construction Contracts. 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 withheld 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 \TCWVision2025 SURPLUS0,assoEveats Facility Sports Park9CiryoNwasso-£vems Facility- SponsPukProj=tWIREDA13URSHMENT AGRAx 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 (0.89 %) 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 term 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 parry 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 terms 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 QATCIA \Vision2025 SURPLUS\Owww\Evcnts Facility Sports Park\Ciryo(Owasso-Evcna Facility- SpomPwkllrojecttllREU IBURSE7,SNT AGRdm 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. 19.9. 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 QATCIAwision2025 SURPLUS \0w=o)Evcnm Facility SPOM Pa LAUYOM"w Sso-Evcm Facility-SportPwQl roja1;IREaviaURSE[.gTn'AGRda 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. Invalidity of Provisions. If any term 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] R Q1rC1A \Vision2025 SURPLUS\Osvasso\Events Faciliry Sports Park\Cityol0wasso-E%enm FacilitySPortsParkPmjcctl ilREIMeURSEN ENT AGRdoc IN WITNESS WHEREOF, the parties hereto have executed and delivered this Agreement as of the day and year first above written. "Contracting Party" THE CITY OF OWASSO, OKLAHOMA, a municipal corporation Date: By: Name: Title: ATTEST: City Clerk APPROVED: City Attorney "Board" BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY By Name Title Chairman 17 Q: \TCIAWision2025 SURPLUS \0wus0\E - -vents Facility Sports Park \Cityo(0v%,asso -Even¢ Facility- SporitPad :ProjectRlREDABURSENUiNT AGRdoc EXHIBIT "A" DESCRIPTION OF IMPROVEMENTS Installation of sports field lighting at the 4 -Plex Baseball fields located in the south sports park complex, consisting of the installation of pedestals, mounts, poles, lamps, switches, and appurtenances, accompanied with the pulling of wire through new conduit (previously installed) to facilitate the operation of the lights; and installation of shade structures over bleacher seating at the 4 -Plex fields for the protection of spectators and players. EXHIBIT "B" DESCRIPTION OF LAND Owasso Sports Park complex located at 10319 East 106th Street North, Owasso, Oklahoma. EXHIBIT "C" AUTHORIZATION AND CERTIFICATE OF PROGRAM MANAGER With a reference to the attached Advance Request in connection with the Owasso Events Facilities -Sports Park Project #1 (the "Project"), I, the designated Program Manager in respect to the Project hereby find, certify and state with respect to the attached Advance Request, as follows: (a) The person, firm, corporation, partnership, or otherwise, to which payment is due has been properly entered in this form and to my knowledge constitutes an accurate identification of the creditor; and (b) the payment is a bona fide Cost of Construction as such term is defined in the Agreement; and (c) the amount to be paid is correct and accurate in accordance with the invoice and/or statement submitted by the Contracting Party; and (d) the obligation in the stated amount has been incurred by the Contracting Party and that each item thereof is a proper charge, and that payment of such obligation has not theretofore been made; and (e) that, to the best of my knowledge, after investigation and due inquiry, insofar as any such obligation was incurred for work, materials, equipment or supplies, such work was actually performed, or such materials, equipment or supplies were actually installed in furtherance of the construction of the Project or delivered at the site of the Project for that purpose, or delivered for storage or fabrication at a place or places approved by the Contracting Party and same is under control of the Contracting Party, or is a progress payment due on equipment being fabricated to order. (f) that certain Capital Improvements Agreement dated , 2015, by and between the Contracting Party and the Board of County Commissioners of Tulsa County, Oklahoma relating to the Project (the "Agreement") is in full force and effect; that to the best of our knowledge after due inquiry and investigation, no event of default has occurred or is continuing under the terms of the Agreement; all conditions precedent to payment of the requisition set forth in the Agreement have been met; and payment of the requisition is proper pursuant to the terms of such Agreement. Date: PROGRAM MANAGER Lo 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 Events Facilities - Sports Park Project #1 (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 County 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 full force and effect; (vi) no event of default has occurred or is continuing under the terms of the Agreement; and (vii) all conditions precedent to payment of the requested Construction Advance herein have been met and payment of such obligations is proper pursuant to the terms of the Agreement. Date: APPROVED: BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY, OKLAHOMA 0 Chairman CITY OF OWASSO, OKLAHOMA By: Authorized Officer Contracting party EXIIIBIT "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 Purposes The Contracting Party does hereby certify to the Board that, as of the date hereof, (i) the representations and warranties of the Contracting Party in the Agreement are hereby ratified and confirmed; (ii) the requested disbursement is for the payment of Costs of Construction as defined in the Agreement; (iii) each obligation described above has been properly incurred; (iv) the Agreement is in full force and effect; (v) no event of default has occurred or is continuing under the terms of the Agreement; and (vi) all conditions precedent to the payment of the requested Non - Construction Advance herein have been met and payment of such obligations is proper pursuant to the terms of the Agreement. Date: APPROVED: BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY, OKLAHOMA to Chairman tsy: Authorized Officer of the Contracting Party i OWASSO HEART HEALTHY 5K TRAIL PROJECT CAPITAL IMPROVEMENTS AGREEMENT BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY, OKLAHOMA 8 CITY OF OWASS09 OKLAHOMA Dated __ , 2015 r 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" ....................................................................... ............................... 3 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 Schedule" ............................................................... ............................... 3 1.17. "Contracting Party" . ............................... 1.18. " Contractors" ....................................... ............................... 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 Approvals" ........................................................... ............................... 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" ........................................................ ............................... 5 1.32. "Opinion of Contracting Party's Counsel.. ...... ............................... ..... 5 . ........................ 1.33. "Payment and Performance Bonds" .............................................. ............................... 5 1.34. " Plans" ............................................................................................ ..............................5 1.35. "Program Manager" ....................................................................... ............................... 5 1.36. " Project ........................................................................................... ..............................5 1.37. "Project Manager" .......................................................................... ..............................5 1.38. "Project Manager Agreement" ...................................................... ............................... 5 1.39 "Resolution" .................................................................................. ............................... 5 1.40. "Termination Event" ...................................................................... ............................... 6 1.40.1. Breach of Covenants .............................................................. ............................... 6 1.40.2. Representations and Warranties ............................................. ............................... 6 1.40.3. Insolvency .............................................................................. ............................... 6 i 1.41. "Vision Authority„ ........... ............................... ........ ............................... 1.42. "Vision Authority Resolution ................ 6 ...... ............................... . 2. OBLIGATION OF BOARD TO MAKE ADVANCES 6 ...................... ............................... 3. CONDITIONS PRECEDENT TO THE BOARD'S OBLIGATION TO MAKE THE 6 INITIALADVANCE .................................... ............................... 4. CONDITIONS PRECEDENT TO BOARD'S OBLIGATION TO MAKE CONSTRUCTION ADVANCES ............... ............................... ............................. 5. CONDITIONS PRECEDENT TO BOARD'S OBLIGATION TO MAKE NON. 7 CONSTRUCTION ADVANCES .......................................................... ............................... 6. DISBURSEMENT PROCEDURE 8 ....................................................... ............................... 6.1. Request for Construction Advance 9 ........ ............................... ... ............................... 6.1 Request for Non - Construction Advance 9 ........................................... ............................... 63. Board's Inspection 9 ................ ............................... .................. 10 .......... ............................... 6.4. Disbursements ................................................................................... .............................10 6.5. Maximum Amount of Advances ..................................................... ............................... 6.6. Date after which Advances Cease 10 ................................................... ............................... 10 6.7. Advances Solely from Excess Sales Tax. ........................ .......... ..... ............................... 6.8. Advances Subject to Annual Appropriation 10 .................................... ............................... 6.9. Subordination of Obligation to Make Advances 10 ............................. ............................... 6.10. Construction Retainage 10 ................................................................ ............................... 7. REPRESENTATIONS AND WARRANTIES OF CONTRACTING PARTY 11 . ........... 11 7.1. Existence and Qualification ............................................................ ............................... 11 7.2. Authority, Approval and Enforceability ..... ................................. .......... . ... ..................... 7.3. No Violations 11 ................................ ............................... ............. . ...... .............................. 7.4. Disclosure 12 .......................................................................................... .............................12 7.5. Continuing Nature of Representations ............................................ ............................... 8. REPRESENTATIONS AND WARRANTIES OF BOARD 12 ............................... ......12 8.1. Authority, Approval and Enforceability .......................................... ............................... 8.2. Disclosure 12 ................................................... ............................... ..12 .... ............................... 9. REMEDIES ............................................................................................ .............................12 9.1. Termination of Advances ................................................................ ............................... I2 9.2. Waiver of Termination Event.......... ............................ ............... .................................... 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 .................................................... ............................... ii Z 19.3. 19.4. 19.5. 19.6. 19.7. 19.8. 19.9. 19.10. 19.11. 19.12. 19.13. 19.14. 19.15. 19.16. 19.17. Establishment of Facts ....................... ............................... Relationship of Parties ....................... ............................... Conditions for Exclusive Benefit of the Board ................ Notices............................................... ............................... Amendment; Waiver .......................... ............................... Rights and Remedies ......................... ............................... GoverningLaw .................................. ............................... Third Party Beneficiary ..................... ............................... Prohibition Against Assignment ........ ............................... Entire Agreement ............................... ............................... Captions and Paragraph Headings ..... ............................... Timeof Essence ................................. ............................... BindingEffect .................................... ............................... Severability....................................... ............................... Invalidity of Provisions ..................... ............................... LIST OF EXHIBITS Exhibit "A" Description of Improvements Exhibit `B" Description of Land Exhibit "C" Authorization and Certificate of Program Manager Exhibit "D" Authorization and Certificate of Project Manager Exhibit "E" Construction Advance Request Exhibit "F" Non - Construction Advance Request iii .. .............................14 .. .............................14 .. .............................14 ............................... 14 .. .............................15 .........15 ............................... 15 .. .............................15 . .. .............................16 ......16 . ............................... 16 ... .............................16 ... .............................16 . ............................... 16 . ............................... 16 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, OKLAHOMA (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 for the purpose of funding capital improvements for community enrichment within Tulsa County, Oklahoma. B. On September 9, 2003, the duly qualified electors of Tulsa County, Oklahoma, did approve the levy and collection of such sales tax for the purposes set forth above. 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 within Tulsa County, Oklahoma, 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 Three Million Nine Hundred Twenty -nine Thousand Three Hundred Eighty -five and noJ100ths Dollars ($3,929,385.00) for the construction of, among other capital improvements, the 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 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 Parry, 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 Parry 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 Parry and the Architect or Engineer regarding the Improvements. 1.6. "Authorization and Certificate of Program Manager" means the Authorization and Certificate of Program Manager signed by the Program Manager in the form and content set forth on Exhibit "C" hereto. 1.7. "Authorization and Certificate of Project Manager" means the Authorization and Certificate of Project Manager signed by the Architect, Engineer or Project Manager, as determined by the Board, in the form and content set forth on Exhibit "D" hereto. 2 QATCIA\Visioo2025 SURPLUS \OWmsso�5KTmil\CityofOw sso Heart neAthy SK Trail REMMURSEMENT AGR.dm 1.8. "Bidding Documents" means the bid notices, instruction to bidders, plans and specifications, bidding forms, bidding instructions; general conditions, special conditions and all other written instruments prepared by or on behalf of the Contracting Party for use for prospective bidders on public construction contracts regarding the Improvements. 1.9. "Builder's Risk Insurance" means extended coverage insurance against loss or damage by fire, lightning, wind storm, hail, explosion, riot, vandalism, malicious mischief, riot attending a strike, civil commotion, aircraft, vehicles, smoke and other risks from time to time included under "extended coverage" policies, in an amount equal to 100% of the full replacement value of the Improvements. 1.10. "Cert ificate 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 famishing 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 Iabor 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 form and content satisfactory to the Board, as amended from time to time by the Contracting Party with consent of the Board. 1.17. "Contracting Part rt" 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 famishing the Project, including, but not limited to, the cost of land or any QATCIA\Vision2025 SURPLUS \O %%2 w\5KTmilxCityofO%1,, Hear Healthy 5K Tmil REWBURSEMENT AGR.d,, interest in land, obligations incurred for labor and materials and to architects, project managers, contractors, builders and materialmen; the restoration or relocation of property damaged or destroyed in connection with the construction; and the cost of machinery, equipment or supplies purchased by the Contracting Party for inclusion as part of the Project. 1.20. "County" means Tulsa County, Oklahoma. 1.21. "Depository" means BOKF, NA, 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 permit 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 Governmental Authority. 1.27. "Improvements" means the Improvements described within Exhibit "A" attached hereto. 1.28. "Land" has the meaning set forth in Paragraph E of the Recitals hereof. 1.29. "Maximum Amount of Advances" means $830,000.00. 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." rd Q.ATCWVision2025 SURPLUSIOwwsoVKTmil%CigvtO.sso Hear Healdry SK Tma REMMURSEWNr AGRAw 131. "Non- Construction Advance" means any Advance for the payment of Costs of Construction other than the costs and fees which are properly payable to the appropriate Contractors pursuant to the Construction Contracts. 1.32. "Opinion of Contracting Party's Counsel'' means an opinion from the Contracting Party's counsel addressed to the Board, which opinion shall be in form and content satisfactory to the Board and shall include, but not be limited to, the following (i) the Contracting Party has the authority and capacity to enter into this Agreement; (ii) this Agreement is a legal, valid and binding obligation against the Contracting Party, fully enforceable in accordance with its terms under applicable laws, except as the enforceability thereof may be limited by applicable 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 Improvements thereon and the occupancy thereof; (vi) such delivery and compliance by the Contracting Party with the terms of this Agreement do not, to the Contracting Party's counsel's best knowledge, conflict with or violate any agreement to which the Contracting Party is a parry 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. 134. "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. 1.35. "Program Manager" means Program Management Group, L.L.C. 136. "Project" means the Improvements and the Land. 1.37. "Proiect Manager" means the project manager or construction manager who executes the Project Manager Agreement. 1.38. "Project Manager Agreement" means the agreement between the Contracting Party and the Project Manager regarding the Improvements. 1.39 "Resolution" means the Resolution of the Board described within Paragraph A of the Recitals hereof. 5 QATC1A\Visi00025 SURPLUS \Owa o�5KTraillCityo(o%v sso Heart Healthy 5K Trail REIMBURSEMENT AGRAm 1.40. "Termination Event" shall mean the occurrence of any of the following: 1.40.1. Breach of Covenants. Failure by the Contracting Party in the punctual performance or observation of any covenant or agreement on its part in this Agreement, and such default shall have continued for a period of thirty (30) days after written notice thereof, specifying such default and requiring the same to be remedied, shall have been given to the Contracting Party by the Board. 1.40.2. Representations and Warranties. Any representation, statement, certificate, schedule or report made or furnished to the Board by the Contracting Party proves to be false or materially misleading at the time of the making thereof; or any warranty ceases to be complied with in any material respect, and Contracting Party fails to take or cause to be taken corrective measures satisfactory to the Board within thirty (30) business days after receipt of written notice from the Board relating to the particular Termination Event. 1.40.3 - Insolvency. The Contracting Party shall (i) apply for or consent to the appointment of a receiver, trustee or a liquidator of the Contracting Party or its properties; (ii) admit in writing the inability to pay its debts 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 Parry 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 Q:%TC1A\ Vision 2025 SURPLUM. oUXTmllCilyofD%zio He Hmithy 5K Tmi1 RERAHURSEIMNT AGR.doe 3.1. The Board has received the following documents: 3.1.1. Approved Budget; 3.1.2. Written detailed description of the Project; 3.1.3. Construction Schedule; 3.1.4. Opinion of Contracting Party's Counsel; 3.1.5. Copy of Project Manager Agreement, if any; 3.1.6. Copies of all other then- existing agreements executed by the Contracting Party in connection with the acquisition, construction, equipping and furnishing of the Project; 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. 33. 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; 4.23. Copy of all Construction Contracts; 4.2.4. Copy of all Governmental Approvals; 7 Q\MA\Vision2025 SURPLUS \Oeano\5KTrailkeityoto,ra so Heart Hcaltby 5K Trail REINSURSEMENT AGR.dm 4.2.5. All amendments to documents previously delivered to the Board by the Contracting Party hereunder; and 4.2.6. Copy of all insurance policies required by Section 11 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 uniting by the Board as of the date of the pending Non - Construction Advance. 5.2. The Board has received the following documents. 5.2.1. All amendments to documents previously delivered to the Board by the Contracting Party hereunder; and Q: %TC1AlVisio¢2025 SURPLUS1Owasso\5KTnil %Ciryof0wasso Hew Hcalihy 5K Trail REDMURSEMENT AGRAm 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. Budget. 5.3. The Non - Construction Advance complies and is in accordance with the Approved 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: 6A. 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; 6.12. Billing statements, vouchers and invoices, in form and content satisfactory to the Board, with regard to items that are the subject of the Construction Advance Request; 6.1.3. If the Construction Advance is for the purpose of reimbursing the Contracting Party for Costs of Construction previously paid by the Contracting Party, evidence satisfactory to the Board of such prior payment; 6.1.4. If requested by the Board, appropriate waivers of lien rights, in form and content satisfactory to the Board and its legal counsel, executed and acknowledged by all Contractors, sub - contractors, laborers and materialmen who have furnished labor or materials relating to the Improvements; 6.1.5. Authorization and Certification of Project Manager. 6.2. Request for Non - Construction Advance. Not less than fifteen (15) business days before the date on which the Contracting Party desires a Non - Construction Advance, but not W QATCLAWision2025 SURPLUS�0 %mso\5KTrnillCiryOfQw'Mso Hart H<alft SK Trail REIMBURSEMENT AGR.doc more frequently than monthly, the Contracting Parry shall submit to the Board a Non - Construction Advance Request, which shall be accompanied by the following: 6.2.1. Billing statements, vouchers and invoices, inform and content satisfactory to the Board, with regard to items that are subject of the Non - Construction Advance Request; 6.2.2. If the Non - Construction Advance is for the purpose of reimbursing the Contracting Parry for Costs of Construction previously paid by the Contracting Parry, 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 the 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 shall have no duty to make or cause the making of Advances hereunder to the Contracting Party after November 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. It is hereby acknowledged that under applicable Oklahoma law, the Board may not become obligated beyond its fiscal year (July I 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. IN] Q;ITCIA%Vis1on21025 SURPLUM0wasWX5KTraiRCi1yol0a o Heap Healthy 5K Trail REIMBURSEMENT AGR.doo 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 famishing 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 terms, provisions and conditions of this Agreement; including, but not limited to the conditions precedent and procedures set forth within Sections 3, 4, 5 and 6 hereof, 6.10.6. 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.I0.7. No Termination Event exists under the Agreement. 7. REPRESENTATIONS AND WARRANTIES OF CONTRACTING PARTY. The Contracting Party represents and warrants to, and covenants with the Board as follows: 7.1. Existence and Qualification. The Contracting Party 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. Authori ty 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. I1 Q:XTCWVision2025 SURPLUSIowassot5YTmillCi tyotOwasso Heart Hcalthy SK Trail REIIv SURSENIENT AGR.doc 7.3. No Violations. Based upon a reasonable investigation, there exist no violations of any statutes, rules, orders, ordinances, regulations or requirements of any Governmental Authorities with respect to the Land, and the anticipated use thereof complies with all applicable statutes, rules, ordinances, regulations or requirements (including, without limitation, zoning, environmental, ecological, landmark and all other applicable categories) affecting the Land. 7.4. Disclosure. The representations and warranties made to the Board by the Contracting Party contain no untrue statements of material facts, and the Contracting Party has not intentionally omitted to disclose any material fact. 7.5. Continuing Nature of Representations. Each of the representations and warranties set forth herein will be true on the date of each Advance hereunder, and the acceptance of any Advance hereunder by the Contracting Party shall be deemed to be a reaffirmation of each and every one of said representations and warranties. 8. REPRESENTATIONS AND WARRANTIES OF BOARD. The Board hereby represents and warrants to, and covenants with the Contracting Party as follows: 8.1. Authority, Approval and Enforceability, The Board has all requisite power and authority to execute and deliver this Agreement and to perform its obligations under this Agreement. This Agreement has been executed and delivered on behalf of the Board and constitutes a legal and binding obligation of the Board, enforceable against the Board in accordance with its terms. 8.2. Disclosure. The representations and warranties made to the Contracting Party by the Board contain no untrue statement of material fact and the Board has not intentionally omitted to disclose any material fact. 9. REMEDIES. Upon the occurrence of a Termination Event, the Board may, at its option: 9.1. Termination of Advances. Terminate the making of Advances. 9.2. Waiver of Termination Event. The Board may, at its option, by an instrument in writing signed by the Board, waive any Termination Event which shall have occurred and any consequences of such Termination Event and, in such event, the Contracting Party and the Board shall be restored to their former respective rights and obligations hereunder. Any Termination Event so waived shall, for purposes of this Agreement, be deemed to have been cured and not to be continuing; but no such waiver shall extend to any subsequent or other Termination Event or impair any consequence of such subsequent or other Tenmination 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 Q:\TCIA \Visioo2025 SURPLUS \0wasso\5KTail \CityolUw4sa Heart Healthy SK Trait RERABURSE64NT AGRAw 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 November 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 workers 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. 13. AUDIT. The Board shall have the right at all reasonable times during regular business hours to audit or cause the audit of the books and records of the Contracting Party pertaining to the acquisition, construction, equipping and furnishing of the Project and to audit or cause the audit of the administration of the acquisition, construction, equipping and furnishing of the Project. 14. COPIES OF FILED LIENS. The Contracting Party shall deliver to the Board copies of all mechanics', materialmen's or laborers' liens filed against the Improvements or the Land, within five (5) days after the Contracting Parry's knowledge thereof. 15. GOVERNMENT REQUIREMENTS AND PUBLIC COMPETITIVE BIDDING ACT. The Contracting Parry shall construct the Improvements in accordance with all applicable Government Requirements and shall, in connection therewith, comply with the Oklahoma Public Competitive Bidding Act of 1974 and any amendments thereto. 16. CONSTRUCTION CONTRACTS. The Contracting Party shall at all times comply with the terms and provisions of the Construction Contracts. 17. VISION 2025 SIGN AGE. 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 withheld 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 QATCIAMsion2025 SURPLUS \Owmso\5KTmil \CityofOamso Bean Healthy 5K Tr l REMBURSE1viE14T AGRAc 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 (1.829 %) 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 term 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 terms 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 Q1TCIA \Vision2025 SURPLUS \Owasso\5KTml \Cipof0wasso Hear Healthy SK Veil REMIBURSEMENT AGR.d,, 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, 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. 19.9. 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 QATCIA \Visi0n20 25 SURPLUS \O%,aSso\5KTmillCiryolDwuso Henn IiealWy SK Tmil REIMBURSEMENT AGRAo 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. Cautions 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. Invalidity of Provisions. If any term 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 QBTC1A%Visi=1025 SURPLUS\O% sso\5KTmilI Cin'olO Was50 Heart Heahby 5K Trail REIMBURSEMENT AGRA= IN WITNESS WHEREOF, the parties hereto have executed and delivered this Agreement as of the day and year first above written. "Contracting Party" THE' CITY OF OWASSO, OKLAHOMA, amunicipal corporation Date: By: _ Name: Title: ATTEST: City Clerk APPROVED: City Attorney "Board" BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY By Name Title Chairman 17 Q: \TC1A\V1si0n2025 SURPLUS \Oaasso\5KTmiI\CityOM'USO H= Healthy SK Tmil RENSURSEMEW AGR.d= EXMIT "A" DESCRIPTION OF IMPROVEMENTS A 3.2 mile trail to be constructed around and through the existing Owasso Sports Park and stretching from 106th Street North to 116th Street North. The trail will be at least 8' wide and traverse in and around several features in the Sports Parks area, as well as be a connecting point for Owasso's future trail system.. EXHIBIT "B" DESCRIPTION OF LAND Land encircling of a large portion of the Owasso Sports Park complex located at 10319 East 106'h Street North, Owasso, Oklahoma. EXHIBIT "C)' AUTHORIZATION AND CERTIFICATE OF PROGRAM MANAGER With a reference to the attached Advance Request in connection with the Owasso Heart Healthy 5K Trail Project (the "Project "), I, the designated Program Manager in respect to the Project hereby find, certify and state with respect to the attached Advance Request, as follows: (a) The person, firm, corporation, partnership, or otherwise, to which payment is due has been properly entered in this form and to my knowledge constitutes an accurate identification of the creditor; and (b) the payment is a bona fide Cost of Construction as such term is defined in the Agreement; and (c) the amount to be paid is correct and accurate in accordance with the invoice and/or.statement submitted by the Contracting Party; and (d) the obligation in the stated amount has been incurred by the Contracting Party and that each item thereof is a proper charge, and that payment of such obligation has not theretofore been made; and (e) that, to the best of my knowledge, after investigation and due inquiry, insofar as any such obligation was incurred for work, materials, equipment or supplies, such work was actually performed, or such materials, equipment or supplies were actually installed in furtherance of the construction of the Project or delivered at the site of the Project for that purpose, or delivered for storage or fabrication at a place or places approved by the Contracting Party and same is under control of the Contracting Party, or is a progress payment due on equipment being fabricated to order. (f) that certain Capital Improvements Agreement dated , 2015, by and between the Contracting Party and the Board of County Commissioners of Tulsa County, Oklahoma relating to the Project (the "Agreement") is in full force and effect; that to the best of our knowledge after due inquiry and investigation, no event of default has occurred or is continuing under the terms of the Agreement; all conditions precedent to payment of the requisition set forth in the Agreement have been met; and payment of the requisition is proper pursuant to the terms of such Agreement. Date: PROGRAM MANAGER Authorized Representative EXPIIBIT "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 Parry ") in connection with the Owasso Heart Healthy 5K Trail 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 Parry 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] Ey'MIT' °E" CONSTRUCTION ADVANCE REQUEST TO: Board of County 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 full force and effect; (vi) no event of default has occurred or is continuing under the terms of the Agreement; and (vii) all conditions precedent to payment of the requested Construction Advance herein have been met and payment of such obligations is proper pursuant to the terms of the Agreement. Date: APPROVED: BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY, OKLAHOMA By: Chairman CITY OF OWASSO, OKLAHOMA By: Authorized Officer of the Contracting Party EXI3TBrr "F" NON - CONSTRUCTION ADVANCE RE VEST 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: Pa )Lees Purposes The Contracting Party does hereby certify to the Board that, as of the date hereof, (i) the representations and warranties of the Contracting Party in the Agreement are hereby ratified and confirmed; (ii) the requested disbursement is for the payment of Costs of Construction as defined in the Agreement; (iii) each obligation described above has been properly incurred; (iv) the Agreement is in full force and effect; (v) no event of default has occurred or is continuing under the terms of the Agreement; and (vi) all conditions precedent to the payment of the requested Non - Construction Advance herein have been met and payment of such obligations is proper pursuant to the terms of the Agreement. APPROVED: BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY, OKLAHOMA LE Chairman tsy: Authorized Officer of the Contracting Party OWASSO EXPANSION OF RAYOLA PARK SPLASH PAD PROJECT CAPITAL IMPROVEMENTS AGREEMENT between BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY, OKLAHOMA m CITY OF OWASSO, OKLAHOMA Dated _____ , 2015 TABLE OF CONTENTS 1. DEFINITIONS 1.1. ........................................................................................ ..............................2 " Advance" .......................................................................................... 1.2. ..............................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" ....................................................................... 1.9. ............................... " Builder's Risk Insurance" 3 ................................................................ ............................... 3 1.10. "Certificate of Completion" ........................................................... ............................... 3 1.11. "Change Orders" 1.12. ............................................................................ ............................... "Completion Date" 3 1.13 ........................................................................ ............................... "Construction Advance" 3 ................................................................ ............................... 3 1.14. "Construction Advance Request" .................................................. ............................. -3 1.15. "Construction Contracts" ............................................................... ............................... 3 1.16. "Construction Schedule" ............................................................... 3 1.17. ............................... "Contracting Party ........................................................................ 1.18. ............................... " Contractors" 3 1.19. .................................................................................. ..............................3 "Cost of Construction" .................................................................. ............................... 3 1.20. " County ........ ............................... 1.21. " Depository ..................................................................................... ..............................4 1.22. "Engineer' ....................................................................................... 1.23. ..............................4 "Excess Sales Tax" ........................................................................ ............................... 4 1.24. "Governmental Approval s" ............................................................ 1.25. ..............................4 "Governmental Authority„ .......................................................... ............................... 4 1.26. "Government Requirements" ........................................................ ............................... 4 1.27. " Improvements" .............................................................................. 1.28. ..............................4 "Land" 1.29. ............................................................:.............................. ............................... "Maximum Amount of Advances" 4 .......................:........................ ............................... 4 1.30. "Non- Construction Advance Request" .......................................... 4 1.31. ............................... " Non - Construction Advance" ......................................................... ..............................5 1.32. "Opinion of Contracting Party's Counsel" .................................... ............................... 5 1.33. "Payment and Performance Bonds? . .............................................. ............................... 5 1.34. " Plans" .................................. ............................... ........................ ..............................5 1.35. "Program Manager" 1.36. ....................................................................... ............................... " Project 5 .......................................................................................... ............................... 5 1.37. "Project Manager" .......................................................................... .. ............................5 1.38. "Project Manager Agreement. .........................................••........... ............................... 5 1.39 " Resolution" ................................................................................... ..............................5 1.40. "Termination Event.............................. ......................................... ............................... 6 1.40.1. Breach of Covenants .............................................................. ............................... 6 1.40.2. Representations and Warranties ............................................. ............................... 6 1.40.3. Insolvency .............................................................................. ............................... 6 1.41. "Vision Authority" ............. 1.42. "Vision Authority Resolution" ... ............................... 6 2. OBLIGATION OF BOARD TO MAKE ADVANCES .......... ............................... 3. CONDITIONS PRECEDENT TO THE BOARD'S OBLIGATION TO MAKE THE 6 INITIAL ADVANCE ........................... 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 .................. 6.5. Maximum Amount of Advances .......................... ........... 10 ................ ............................... 6.6. Date after which Advances Cease ....... ............................... . ............................... 10 7, Advances Solely from Excess Sales Tax .............. ............. . ............. 10 .............................. 6.8. Advances Subject to Annual Appropriation ............... .......................... ........ . ..... ........... 10 6.9. Subordination of Obligation to Make Advances. .10 6.10. Construction Retainage ....................... 7. REPRESENTATIONS AND WARRANTIES OF CONTRACTING PARTY . ........... 11 7.1. Existence and Qualification ............................................................ ............................... 11 7.2. Authority, Approval and Enforceability ........................... ........................ 11 ...................... 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 ............................................................................. ............................... 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 ...................... ............................... ii N 19.3. Establishment of Facts 19.4. ................................................................. ............................... Relationship of Parties ................................................................... .............................14 14 19.5. Conditions for Exclusive Benefit of the Board ........................... ............................... 14 19.6. Notices ........................................................................................... .............................14 19.7. Amendment; Waiver 19.8. .................................................................... ............................... Rights and Remedies ................................................................... ............................... 15 15 19.9. Governing 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 19.16. ............................................................................. ............................... 5everability 16 .................................................................................. ............................... 16 19.17. Invalidity of Provisions ................................................................. .............................16 LIST OF EDITS Exhibit "A" Description of Improvements Exhibit "B" Description of Land Exhibit "C" Authorization and Certificate of Program Manager Exhibit "D" Authorization and Certificate of Project Manager Exhibit "E" Construction Advance Request Exhibit "F" Non - Construction Advance Request iii 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, OKLAHOMA (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 for the purpose of funding capital improvements for community enrichment within Tulsa County, Oklahoma. B. On September 9, 2003, the duly qualified electors of Tulsa County, Oklahoma, did approve the levy and collection of such sales tax for the purposes set forth above. 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 within Tulsa County, Oklahoma, 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 Three Million Nine Hundred Twenty -nine Thousand Three Hundred Eighty -five and no /100ths Dollars ($3,929,385.00) for the construction o£, among other capital improvements, the 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 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. 13. "Approved Budget" means a budget or cost schedule prepared by the Contracting Party in form and content satisfactory to the Board and specifying: (i) that portion, if any, of the cost of the Project to be paid by the Contracting Party with funds other than proceeds of the 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 Program Manager' means the Authorization and Certificate of Program Manager signed by the Program Manager in the form and content 'set forth on Exhibit "C" hereto. 1.7. "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. Q:\ TCI A% Vision1025SURPLUS\O% vww \tayolaPaASplashPad\CilyofO%v tso RayolaPadSplashPad REMBURSEWNTAGRdm 1.8. `Bidding Documents" means the bid notices, instruction to bidders, plans and specifications, bidding forms, bidding instructions, general conditions, special conditions and all other written instruments prepared by or on behalf of the Contracting Party for use for prospective bidders on public construction contracts regarding the Improvements. 1.9. `Builder's Risk Insurance" means extended coverage insurance against loss or damage by fire, lightning, wind storm, hail, explosion, riot, vandalism, malicious mischief, riot attending a strike, civil commotion, aircraft, vehicles, smoke and other risks from time to time included under "extended coverage" policies, in an amount equal to 100% of the full replacement value of the Improvements. 1.10. "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." 115. "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 form and content satisfactory to the Board, as amended from time to time by the Contracting Party with consent of the Board. 1.17. "Contracting Party" means the City of Owasso, Oklahoma. 1.18. "Contractors" means the contractors who execute Construction Contracts. 1.19. "Cost of Construction" means all costs of designing, acquiring, constructing, equipping and famishing the Project, including, but not limited to, the cost of land or any 3 QITCIA1Vision2025 SURPLUSIOw' mso \RayolaPukSplashPadlCityofO"mso RayolaPa UplashPad REMMURSEt.'1EN7 AGRdw interest in land, obligations incurred for labor and materials and to architects, project managers, contractors, builders and materialmen; the restoration or relocation of property damaged or destroyed in connection with the construction; and the cost of machinery, equipment or supplies purchased by the Contracting Party for inclusion as part of the Project. 1.20. "County" means Tulsa County, Oklahoma. 1.21. To sitorv" means BOKF, NA, 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. "Eneineer' means the engineers) 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 Anurovals' means authorizations required by Governmental Authorities for the construction and operation of the Improvements contemplated by the Plans, including, without limitation, a copy of the building permit and zoning clearance issued by the city which has jurisdiction over the contemplated project. 1.25. "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 Governmental Authority. 1.27. "Improvements" means the Improvements described within Exhibit "A" attached hereto. 1.28. "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." M Q: \TC1A\Vision3025 SURPLUS \Owasso\RayolaParkSpia hPad�Cityoiokvmo Rav01aParkSp1wbPad RENMURSEMENT AGR.doc 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. 132. "Opinion of Contracting Party's Counsel" mean s an opinion from the Contracting Party's counsel addressed to the Board, which opinion shall be in form and content satisfactory to the Board and shall include, but not be limited to, the following (i) the Contracting Party has the authority and capacity to enter into this Agreement; (ii) this Agreement is a legal, valid and binding obligation against the Contracting Party, fully enforceable in accordance with its terms under applicable laws, except as the enforceability thereof may be limited by applicable bankruptcy, insolvency or other similar laws affecting the enforcement of creditors' rights generally and by general principles of equity; nu the Costs of Construction may be lawfully funded with the Excess Sales Tax; (iv) there e, 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 terns 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 Improvements thereon and the occupancy thereof; (vi) such delivery and compliance by the Contracting Party with the terms of this Agreement do not, to the Contracting Party's counsel's best knowledge, conflict with or violate any agreement to which the Contracting Party is a party or is bound; and (vii) the Contracting Party is a duly organized and validly existing municipal corporation under the laws of the State of Oklahoma. 1.33. "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. 1.35. "Program Manager" means Program Management Group, L.L.C. 1.36. "Proiect" means the Improvements and the Land. 1.37. "Project Manager" means the project manager or construction manager who executes the Project Manager Agreement. 1.38. "Project Manager Agreement" means the agreement between the Contracting Party and the Project Manager regarding the Improvements. 1.39 "Resolution" means the Resolution of the Board described within Paragraph A of the Recitals hereof. 5 QATC1A \Vision2025 SURPLUS\ OwassoURayolapukSplasbPad \CityofGwuso Rayo1,Pa kSp1,bPad RE11,MURSEN ENT AGRAm 1.40_ "Termination Event" shall mean the occurrence of any of the following_ 1.40.1. Breach of Covenants. Failure by the Contracting Party in the punctual performance or observation of any covenant or agreement on its part in this Agreement, and such default shall have continued for a period of thirty (30) days after written notice thereof, specifying such default and requiring the same to be remedied, shall have been given to the Contracting Parry by the Board. 1.40.2. Representations and Warranties. Any representation, statement, certificate, schedule or report made or furnished to the Board by the Contracting Party proves to be false or materially misleading at the time of the making thereof; or any warranty ceases to be complied with in any material respect, and Contracting Party fails to take or cause to be taken corrective measures satisfactory to the Board within thirty (30) business days after receipt of written, notice from the Board relating to the particular Termination Event. 1.40.3. Insolvencv. 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. 1i QATCIA\V isioQ025 SURPLUSIGwmD \RayolaPadSplazhPadlCicyof0wasso RayolaPwkSpluhPad REV.DURSEPENT AGR.doc 3.1. The Board has received the following documents: 3.1.1. Approved Budget; 11.2. Written detailed description of the Project; 3.13. 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; 4.2.1 Copy of all Construction Contracts; 4.2.4. Copy of all Governmental Approvals; 7 QATCfAwision1025 SURPLUS\ Owasso \RayolaparkSplashPad \CityofO\,as RayolapadkSplzchPad RERIMURSENIEW AGRAm 4.2.5. All amendments to documents previously delivered to the Board by the Contracting Party hereunder; and 4.2.6. Copy of all insurance policies required by Section 11 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 frill and complete performance of all terms, conditions and requirements with regard to any subsequent Advance_ 5.1. All conditions for all previous Advances must be satisfied or expressly waived in writing by the Board as of the date of the pending Non - Construction Advance. 5.2. The Board has received the following documents. 5.2.1. All amendments to documents previously delivered to the Board by the Contracting Party hereunder; and QATCIA \Visioa2025 SU RPLUS\ Owawo\ RayolaPad :SplashPad\CilyofOwasso RayolaParkSplazhPad REINMURSENMNT AGRA= 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. Budget. 5.3. The Non - Construction Advance complies and is in accordance with the Approved 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.I. Application and Certificate for Payment dated as of the date of the Request for Advance; 6.1.2. Billing statements, vouchers and invoices, in form and content satisfactory to the Board, with regard to items that are the subject of the Construction Advance Request; 6.1.3. If the Construction Advance is for the purpose of reimbursing the Contracting Party for Costs of Construction previously paid by the Contracting Party, evidence satisfactory to the Board of such prior payment; 6.1.4. If requested by the Board, appropriate waivers of lien rights, in form and content satisfactory to the Board and its legal counsel, executed and acknowledged by all Contractors, sub - contractors, laborers and materialmen who have furnished Iabor 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 QATCIA\Vlsi=2025 SURPLUSIownso\Rayolap :SpluhPad \CityotOwasso RayolaPm,'SplasbPad REMMURSEIENT AGRAoc more frequently than monthly, the Contracting Party shall submit to the Board a Non - Construction Advance Request, which shall be accompanied by the following: 6.2.1. Billing statements, vouchers and invoices, inform and content satisfactory to the Board, with regard to items that are subject of the Non - Construction Advance Request; 6.2.2. If the Non - Construction Advance is for the purpose of reimbursing the Contracting Party for Costs of Construction previously paid by the Contracting Party, evidence satisfactory to the Board of such prior payment. 6.3. Board's Inspection. If, for any reason, the Board or its Program Manager deems it necessary to cause the Project to be examined by the Program Manager prior to making any Advance, it shall have a reasonable time within which to do so. The Board and its Program Manager shall have the 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 tunes 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 shall have no duty to make or cause the making of Advances hereunder to the Contracting Party after November 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. It is hereby acknowledged that under applicable Oklahoma law, the Board may not become obligated beyond its fiscal year (July 1 through June 30), and therefore, the covenants made herein by the Board shall be on a year -to- year basis. The Board's obligation to make Advances is subject to the availability of funds and annual appropriations thereof by the Board. 6.9. Subordination of Obligation to Make Advances. The Board's obligation to make Advances is fully subordinate to the Board's obligation to make payments of 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. 10 QATCIAMsion2025 SURPLUS\OwassoURayolaParkSplashPad\CiryolOwasso RayolaParkSplashPad REWBURSEMENT AGR.doc 6.10. Construction Retainaae. An amount equal to five percent (5 %) of the Maximum Amount of Advances shall be retained by the Board. Such Retainage shall be disbursed upon completion of the construction, equipping and furnishing of the Improvements, provided: 6.10.1. 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 terms, provisions and conditions of this Agreement; including, but not limited to the conditions precedent and procedures set forth within Sections 3, 4, 5 and 6 hereof; 6.10.6. 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 under the Agreement. 7. REPRESENTATIONS AND WARRANTIES OF CONTRACTING PARTY. The Contracting Party represents and warrants to, and covenants with the Board as follows: 7.1. Existence and Qualification. The Contracting Party 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 cant' on its business as presently conducted_ 7.2. Authority. ApnIOVaI 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. 11 QdTUMVisioa2025 SURPLUS\ owassoUiayolaparkSplashpadlCityofDla50 RayolaPark-SpinhPad RERvBURSE LENT AGP-dw 7.3. No Violations. Based upon a reasonable investigation, there exist no violations of any statutes, rules, orders, ordinances, regulations or requirements of any Governmental Authorities with respect to the Land, and the anticipated use thereof complies with all applicable statutes, rules, ordinances, regulations or requirements (including, without limitation, zoning, environmental, ecological, landmark and all other applicable categories) affecting the Land. 7.4. Disclosure. The representations and warranties made to the Board by the Contracting Party contain no untrue statements of material facts, and the Contracting Party has not intentionally omitted to disclose any material fact. 7.5. Continuing Nature of Representations. Each of the representations and warranties set forth herein will be true on the date of each Advance hereunder, and the acceptance of any Advance hereunder by the Contracting Party shall be deemed to be a reaffirmation of each and every one of said representations and warranties. 8. REPRESENTATIONS AND WARRANTIES OF BOARD. The Board hereby represents and warrants to, and covenants with the Contracting Party as follows: 8.1. Authori ty. Approval and Enforceability. The Board has all requisite power and authority to execute and deliver this Agreement and to perform its obligations under this Agreement. This Agreement has been executed and delivered on behalf of the Board and constitutes a legal and binding obligation of the Board, enforceable against the Board in accordance with its terms. 8.2. Disclosure. The representations and warranties made to the Contracting Party by the Board contain no untrue statement of material fact and the Board has not intentionally omitted to disclose any material fact. 9. REMEDIES. Upon the occurrence of a Termination Event, the Board may, at its option: 9.1. Termination of Advances. Terminate the making of Advances. 9.2. Waiver of Termination Event. The Board may, at its option, by an instrument in writing signed by the Board, waive any Termination Event which shall have occurred and any consequences of such Termination Event and, in such event, the Contracting Parry 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. 9.3. Cumulative Remedies. The remedies herein provided shall be in addition to and not in substitution for the rights and remedies which would otherwise be vested in the Board in law or equity, all of which rights and remedies are specifically reserved by the Board. The remedies herein provided or otherwise available to the Board shall be cumulative and may be exercised concurrently. The failure to exercise any of the remedies herein provided shall not 12 QATCIAIVisio0025 SURPLUSIOw so %ayolaParkSphsMladlCilyolOwasso Ray0 %ParkSplashPad RMIRLIRSENMM AGR.dw 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 November 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 workers 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. 13. AUDIT. The Board shall have the right at all reasonable times during regular business hours to audit or cause the audit of the books and records of the Contracting Party pertaining to the acquisition, construction, equipping and furnishing of the Project and to audit or cause the audit of the administration of the acquisition, construction, equipping and furnishing of the Project. 14. COPIES OF FILED LIENS. The Contracting Party shall deliver to the Board copies of all mechanics', materialmen's or laborers' liens filed against the Improvements or the Land, within five (5) days after the Contracting Party's knowledge thereof. 15. GOVERNMENT REQUIREMENTS AND PUBLIC COMPETITIVE BIDDING ACT. The Contracting Party shall construct the Improvements in accordance with all applicable Government Requirements and shall, in connection therewith, comply with the Oklahoma Public Competitive Bidding Act of 1974 and any amendments thereto. 16. CONSTRUCTION CONTRACTS. The Contracting Party shall at all times comply with the terms and provisions of the Construction Contracts. 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 withheld 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:\TCIA \Visi0n2025 SURPLUSIouw, o\ RayolapmkSplashPadlCityotowasso RayolaPakSplashNd REIMBURSEMENT AGRAd 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 (0.659 %) 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 term 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 terms 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 QdTC1A\Vision2025 SURPLUS\ Owasso \RayolaParkSplashPad \CityofOwmso RayolaParkSpla IiPad REMMURSEMENT AGR.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. 19.9. 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 QATCIAWision2025 SURPLUS\ OwassoTayol apwLSpluhPadlCilyofUwasso RayulaParkSplashPad REMURSEMENT AGR.do 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. Invalidity of Provisions. If any term 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 QATCIA \Vision2025 SURPLUS\ Owosso %ayolaPuLSplmhPad \CityolOwasso RayolaPad:SpinhPad REU.IDURSED= AGRAd IN WITNESS WHEREOF, the parties hereto have executed and delivered this Agreement as of the day and year first above written. "Contracting Party" THE CITY OF OWASSO, OKLAHOMA, a municipal corporation Date: By: _ Name: Title: ATTEST: City Clerk APPROVED: City Attorney "Board" BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY By Name Title Chairman 17 QATCIA \Vision20I5 SURPLUSNOwasso \RavolaPad;SpimilPad \CiryofO a,, RayolaParkSpluhpad RENMURSEMENT AGR.&o EXHIBIT "A" DESCRIPTION OF IMPROVEMENTS Expansion of Rayola Park Splash Pad to include the installation of additional recreation water features, as well as the necessary sidewalk, plumbing and drainage for the water features. EXHIBIT «B„ DESCRIPTION OF LAND Rayola Park Spray Pad located at 8300 Owasso Expressway, Owasso, Oklahoma. EXHIBIT "C" AUTHORIZATION AND CERTIFICATE OF PROGRAM MANAGER With a reference to the attached Advance Request in connection with the Owasso Expansion of Rayola Park Splash Pad Project (the "Project'), I, the designated Program Manager in respect to the Project hereby find, certify and state with respect to the attached Advance Request, as follows: (a) The person, firm, corporation, partnership, or otherwise, to which payment is due has been properly entered in this form and to my knowledge constitutes an accurate identification of the creditor; and (b) the payment is a bona fide Cost of Construction as such term is defined in the Agreement; and (c) the amount to be paid is correct and accurate in accordance with the invoice and/or statement submitted by the Contracting Party; and (d) the obligation in the stated amount has been incurred by the Contracting Party and that each item thereof is a proper charge, and that payment of such obligation has not theretofore been made; and (e) that, to the best of my knowledge, after investigation and due inquiry, insofar as any such obligation was incurred for work, materials, equipment or supplies, such work was actually performed, or such materials, equipment or supplies were actually installed in furtherance of the construction of the Project or delivered at the site of the Project for that purpose, or delivered for storage or fabrication at a place or places approved by the Contracting Party and same is under control of the Contracting Party, or is a progress payment due on equipment being fabricated to order. (f) that certain Capital Improvements Agreement dated , 2015, by and between the Contracting Party and the Board of County Commissioners of Tulsa County, Oklahoma relating to the Project (the "Agreement) is in full force and effect; that to the best of our knowledge after due inquiry and investigation, no event of default has occurred or is continuing under the terms of the Agreement; all conditions precedent to payment of the requisition set forth in the Agreement have been met; and payment of the requisition is proper pursuant to the terms of such Agreement. Date: PROGRAM MANAGER 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 Expansion of Rayola Park Splash Pad 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] EXMIT "E" CONSTRUCTION ADVANCE REQUEST TO: Board of County 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 full force and effect; (vi) no event of default has occurred or is continuing under the terms of the Agreement; and (vii) all conditions precedent to payment of the requested Construction Advance herein have been met and payment of such obligations is proper pursuant to the terms of the Agreement. Date: APPROVED: BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY, OKLAHOMA Chairman CITY OF OWASSO, OKLAHOMA By: Authorized Officer of the Contracting Party EXHIBIT "F" NON - CONSTRUCTION ADVANCE REQUEST TO: Board of County Commissioners of Tulsa County, Oklahoma FROM: City of Owasso, Oklahoma 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 Parry"), 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: Rum_ Purposes The Contracting Party does hereby certify to the Board that, as of the date hereof, (i) the representations and warranties of the Contracting Party in the Agreement are hereby ratified and confirmed; (ii) the requested disbursement is for the payment of Costs of Construction as defined in the Agreement; (iii) each obligation described above has been properly incurred; (iv) the Agreement is in full force and effect; (v) no event of default has occurred or is continuing under the terms of the Agreement; and (vi) all conditions precedent to the payment of the requested Non - Construction Advance herein have been met and payment of such obligations is proper pursuant to the terms of the Agreement. APPROVED: BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY, OKLAHOMA Chairman by: Authorized Officer of the Contracting Party The Gity Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Earl Farris Project Administrator SUBJECT: Acceptance of Infrastructure including Street, Sanitary Sewer, and Stormwater Drainage Systems at Lake Valley V (Phase III) DATE: November 24, 2015 BACKGROUND: The subject residential development is located at E 1 141h St North and N 1451h E Avenue. Public infrastructure includes streets, sanitary sewer, and Stormwater drainage improvements. FINAL INSPECTIONS: Final inspections for all infrastructure components were completed in November of 2015 by the Public Works Department. The construction contractor and design engineer have supplied the necessary two -year maintenance bonds and required as -built drawings. RECOMMENDATION: Staff recommends acceptance of Lake Valley V, Phase III, sanitary sewer, stormwater drainage and street improvements. ATTACHMENTS: Location Map City Attorney bond approval letter & copy of bonds DEQ permit letter for sanitary sewer Washington County Water acceptance letter it � dr tmyLdFiCQu h .7.74 �eN- .'�+8. '2'':'v`7� --_' • [r "aal3 Jam--. em r "BFI r v yy ,I ,°9n `� iIT Nt-Ay t .,J� 1 jib l .! it c° : -.� �!i r r ff` - 41r y:r ,✓ 4`< ��i3 '� Eti , +� it � i�� _.xa � � t r � Y�i r� 1 P a t �{z I r 1 • A �y Xsa it 1 , r r 000�2.A . J xP I TE,_I, il Iy Fyall LIa Forlll ,I J l ^.1 Earl From: Lombardi, Julie Sent: Tuesday, October 13, 2015 4:26 PM To: Eaton, Steven Subject: RE: Lake valley V ph, iff Steven, I have reviewed the Paving to serve Lake Valley V, Phase III, maintenance bond at your request. The attorney -in -fact signature is authorized, the surety is licensed to do business in Oklahoma, and the amount of the bond is well within the surety's $1,852,000 underwriting limitation. Therefore, the bond is approved. Julie Lombardi Julie Trout Lombardi City Attorney 111 North Main Owasso, Oklahoma 74055 918.376- 1511(o) 918.376 -1599 (f) - - - -- Original Message---- - From: Eaton, Steven Sent: Thursday, September 03, 2015 4:01 PM To: Lombardi, Julie Subject: Lake valley V ph 2 Ms. Lombardi, I am sending a maintenance bond for review. Would you please reply with your findings. Thank you, Steven Eaton City of Owasso Infrastructure Inspector seaton@citVofowasso.com Phone 918 - 272 -4959 Cell 918-693-3979 Maintenance Bond PRIVATELY FIlNANCED PUBLIC IMPROVEMENTS Bond No: GR33256 KNOW ALL MEN BY THESE PRESENTS, That we Developer's Paving Company as Principal (Developer and /or Contractor), and Granite Re, Inc, as Surety, are held and firmly bound unto the City of Owasso, Oklahoma, as Obligee, in the penal stun of Three Hundred Twenty -Seven Thousand, Two Hundred Seventy -Four Dollars and 221100 * * * ** ($327,271.22) to which payment will and truly to be made, we do bind ourselves, and each of our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents. WHEREAS, the Principal will furnish a bond conditioned to guarantee, for the period of TWO YEARS after final approval of the Paving to Serve Lake Valley V, Phase III, a privately financed public improvement, and acceptance of such by the City Council of the City of Owasso, Oklahoma, against all defects in workmanship and materials which may become apparent in suclr privately financed public improvement during said period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that the Principal and/or Surety shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship in the privately financed public improvement which may become apparent during the said period. SIGNED, SEALED, AND DATED: SEPTEMBER 1, 2015 Developer's Paving Company, rincipal y I� BY: Granite Re, Inc., Surety Inn BY: _A r V t/V �� Attorney -in -Fact Amy Lambert v GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in tire State of OKLAHOMA does hereby constitute and appoinu BARRY L. HERRING; SHANNON NICHOLAS; VICKY JARVIS; JANE HENDON; CARLA CARTER; AMY LAMBERT; PAM SIATON; AUDREY MCCRAW; NANCY M. HANSEN its true and lawful Attorney- in- Fact(s) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said; BARRY L. HERRING; SHANNON NICHOLAS; VICKY JARVIS; JANE HENDON; CARLA CARTER; AMY LAMBERT; PAM SLATON; AUDREY MCCRAW; NANCY M. HANSEN may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC, has caused this Instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary/Treasurer, this 17ih day of June, 201 S. i STATE OF OKLAHOMA ) s e_� L Kenneth D, Whittin on, President / COUNTY OF OKLAHOMA) IcyleAl, McDonald, Treasurer On this 17 "` day of June, 2015, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC, Company and Kyle P. McDonald, Secretary /reasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Secretary/Treasurer of GRANITE RE, INC., the corporation described In and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively, of the Company, My Commission Expires: August 8, 2017,y� , Commission #: 01013257 "` .�J �cc.GP�o -) Nota Public GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Freasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc, and that said Power of Attorney has not been revoked and is now in full force and effect, "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate Cities with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be. impressed or affixed or In any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." I{ _, r NESS oWH EOF, the undersig2eed'ha,-subscrfbed this Certificate and affixed the corporate seal of the Corporation this day P Kyle Kyle Mcetary/Treasurer GRO800 -1 Farris, Earl From: Lombardi, Julie Sent: Tuesday, October 13, 2015 4:31 PM To: Eaton, Steven Subject: RE: Lake Valley V ph 3 Steven, I have reviewed the maintenance bonds for Lake Valley V, Phase III, Storm Sewer and Sanitary Sewer at your request. The attorney -in -fact signatures on both bonds are authorized, the surety of both bonds is licensed to do business In Oklahoma, and the amounts of each bond is well within the surety's $1,662,000 underwriting limitation. Therefore, both bonds are approved. Julie Lombardi Julie Trout Lombardi City Attorney 111 North Main Owasso, Oklahoma 74055 918.376- 1511(o) 918.376 -1599 (f) - - -- Original Message---- - From: Eaton, Steven Sent: Thursday, October 08, 201510:46 AM To: Lombardi, Julie Subject; Lake Valley V ph 3 Ms. Lombardi, I am sending a maintenance bond for review. Would you please reply with your findings. Thank you, Steven Eaton City of Owasso Infrastructure Inspector seaton(@cltvofowasso.com Phone 918 -272 -4959 Cell 918-693-3979 Maintenance Bond PRIVATELY FINANCED PUBLIC 1WRO'VEME'NTS Bond No: 1014094 I NOW ALL MIEN BY THESE PRESENTS, That we Morton Excavating, LLC as Principal (Developer and Contractor), and Oklahoma Surety Company as Surety, are held and firmly bound unto the City of Owasso, Oklahoma; as Obligee; in the penal sum of * ** See Below * ** ($124,800.00) to which payment will -and truly to be made, we do bind ourselves, and. Oath of our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents. WHEREAS, the Principal will furnish a bond conditioned to guarantee, for the period of TWO YEAR after final approval ofthe Storm Sewer to Serve Lake Valley V Phase III, 145th E Ave HWY 20, Owasso, OK 74055, a privately financed public improvement, and acceptance of such by the City Council of the City of Owasso, Oklahoma, against all defects in workmanship and materials which may bcoome apparent in such privately financed public improvement during said period. NOW, THEREFORE„ THE CONDITION OF THIS OBLIGATION IS SUCH that the Principal and /or Surety shall indemnify the Obligeo for all loss that the Obligee may sustain by reason of any defective materials or. workmanship in the privately financed public improvettient which maybecome apparent during the said period. SIGNED, SEALED, AND DATED: October 5, 2015 Morton E cavating, L G ri ipal BY: :.may ..... Oklahoma S . re Company 1 Surety BY.` ? \ �'� Attorney -in -Fact Robbie Lp d � ***One Hundred Twenty Four Thousand Eight Hundred Dollars & 001100 * ** Attach Power of Attorney " P- OWEI20FATTORNFY;c , >•.-, KNOW ALL MFN. BY THESE PRESENTS: '-,hat the.:: •: P_KLAHOMA SURETY - COMPANY , a corporallon organlKod and existing under :. .. and hj6t le of the laws of the State of Ohio, does herepy nofnin9te,.conslllule and.eppolnt'the person or persons named below, each Individually If IiloXa than one Is named, (ts.triie'art� lawful attorney- irr- leor,- for.11 qnd In Its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations In the nature thereof. Travis E. Brown, Jamie Burfjs, John Kelly Deef, VaugE�n P. Graham, Vaughn Paul Graham, Jr., ,�1arlc.Edydard Long, Rohble Loyd,.Siephen M. - • , ;_P.oleman and Miojtael J.,Swenton, all ofTU.GS[t; OK . ..:.:....:..:. IN ;:n' i. sad N ', the OKLAHOVA SURETY COMPANY has caused these presents to be signed and attssted by Its appropriate: -. ' untbaffixedthls °:05'`day_of',M _qrch ..;'2015 -- OKLAHOMA SURETY COMPANY :TODDBAZATA ` VICEPRESIDENT ; On this 05 day of.,Mq %h- -' 20..15`. bofore me pereohally appeared, .. TODD BAZATA •'.to me known, being - -. . '- dijijiwofn, deposes Npd sayalhat: sllte;resldss In hrdkeh Arrow Oklahoma, that Wt a is a Vlce president of Oklahoma Surety Company, the company, `•' : esoribed In and which executed lhe:ebove Instrument; that'sllie knows the seal of:lhe'said Company; that the seal affixed to the said instrument Isaueh corporate seal; that it was so affixed by authority of hedlils office under the By -Laws of said Company, and that s/he signed his name thereto by like authority. { ' AL!`f'yri� { ?" eommlaslan{e 1.1008253 il " ''STATE' CF OKLAHOMA, :.:• t',': r..`� ^9 oM: :.i-. 7;,t`' _ -• .r' :•'•< .. .. Z xAq. 1,.' My C Ion explrrts: 0 —08 -15 COUNTY OF TULSA_•, •�� ry�tt J _ A. 'i = }is '1i+eF .v -.: • JULIF •Ak WAN '� � Notary Public This •'? PoweP ofklorieyle'.y,rarled by auth;o2rl0ly0,,9o_ fihe;(olldwng .,byu�pmous written 'iisfpl ;dgteclSdptember25 OLVED: That the President, the Executive Vlee Is authorl ;ed..from time to lime, to gppplht,Qte c such Cr rasolutlons ailopled Oy4he :Board of Direcl'ors br,Qkleliome Surety Compafiy. 6 the several Senior Vice Presidents and Vice Presidents or any one of them, ltorneys -In -Fact to execute on behalf of the Company,. as surety, any and all Ions In Ihti.n2.lufe thereof; to prescribe their rgspectlye,M..es and the respeollve. ,slurs of any of the ardresald officers and any secretary orAssishmt Ssoret6Ty of the Company may be affixed by facsimile to any power of attorney or cerlllloate of either given for the execution of any bond, undertaking, contraot of ...,surety_shlp, or other;wrlttpnopligalton.tn the nature thereof, suoi) signature and seat when so used being hereby adopted, by fhe Company as the grlgtnet . ;sigrialdre of such ofggej :mjid of :e_pfj�lRql seal of th'qCOmparEy,;. {o_IfbYdlld and bidding upon t}je Company with thesaine fgfoe, 4d4effect as thougl;: ":: ,_ ngi llg affixed. ,. .. '' __.. - . ... �• : - _ - ' CERTIFICATION "`t•1, SHARON.HAGKL[- " :y. `i;.i%6?Qt�ty "`.: or Oklaharf( a Safety Company, do herepy oeltifylhat.the foregoing Power•: [; `• : °of:Allorney and the Rekoliillons pf'Ipp -soard of DlreStorsofSeplem(ter 25, 2009 have'not Ifoen r��evo�kee1d and are now,ln full.foroe and effect. . . ,lilt, :. Signed and sealed thi�tiri Y of Qom-% 92_0)Dr 8 11 n,. SHARON HACKL Secretary •i+ �. r`,Iv 1 � /�l` a ..n,..; .. VOID IF B& IW rwlulPh MORTO.0 OP ID: VS CERTIFICATE OF LIABILITY INSURANCE 10105!2015 oio /0512015q THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If fhv certf8cate holder is an ApDITIONAt INSURED, the poiicy(ies) must he endorsed, If SUBROGATION IS WANED, su6)ect to the terms and conditions of the policy, certain policies may require an endorsement. A statement On this certificate does Rat eonfor rights to the cortiRcate holder In HSU of such endorsement(s). RICHu &ECARTMILL, INC 2738 East 51st #480 Tulsa, OK 74105 Tony Holmes AIAECT Tony Holmes ,c° No.Eam 918 -743 -8811 ),T - - -- F c,rtat; 918 - 744 -8429 ADDREes: INSURERS) AFFORDING COVERAGE NMC tf COMMERCIAL GENERAL UABIIRV CLAIMS EMCE M OCCUR INSURER A: American Fire &, Castialty CO INSURERe:Ohlo SecurI Ins Co 24082 INSURED Morton Excavating, LLC PO eta, O2 Coweta, OK 74429 INSURERC:OhiO Casual 24074 INSURERD: _ $ 1,000,00 INSURERE: S1,000,00 NED EXP(ATy cam person) _ INSURERF: GF,NI. _ COVERAGES CERTIFICATE NUMRFR: oc%11.1 l l Mnnnmeo. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICII THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CiR TYPE OF INSURANCE _ UL D POLICYNUMBER AE900 Ef AIMIDD UhiRS A x COMMERCIAL GENERAL UABIIRV CLAIMS EMCE M OCCUR BLA1655796017 01/28/2015 01!2812016 EACH OCCURRENCE _ $ 1,000,00 PREMISES IERENTED s enGV) S1,000,00 NED EXP(ATy cam person) $ 15,000 GF,NI. _ PERSONAL 8 ADV INJURY $ 1,000,00 AGGREGATE L[Mfr.APPLEES PER: POLICI' El PR JECT O' F-1 LOG OTHER GEAERALAGGREGATE $ 2,000,00 PRCOUCTS - Cq`M /OP AGG $ 2,000,00 $ . B AUTOMOBILE X LIA13111 Y ANYOWN MROS OWNED ED AUTOS HIRED AUfoS NONOWNED AUTOS 8A61555796017 09128(2015 p1l2812016 COMa1NEq SINGLE LI li Eeealdent $ 1,000,00 Oo41LY WJIIRY (Perperson) $ INJURY {ParocddeN) $� PeraccldeNSE S C 'X UMBRELLALIAS EXCESSMAR x I OCCUR CLAIMSaMOE U801555796017 01/28/2015 01/29/2016 EACHCCCURRENCE S 3,000,00 AGGREGATE 3 OED Fx RIFTENnON $ 10000 $ B Y/ORRERS COAlPE14SAVON AND EMPLOYERS' LIABILITY ANYPROPRIETORIPARTNERIEXECUBVE VIN OFFICER/AIEMBER EXCLUDED? FI (Mandatory In NH) Ilyy CRIPcdha under OESCRIPtION OF OPERATIONS 0¢b,V NIA XWS55796017 00/0112015 0610112016 X E ER E.L. FACHACCIDEN] $ 1,000,00 E.L. DISEASE -EA EMPLOYE $ 1,000,00 Fl- DISEASE - POLICY LIMB $ 1,000,00 DESCR IPTIONOFOPERATIONSILOCATIONS /VEHICLES (ACORD 101,Addlllonal Remarks Schedule, may be aflached it more space la ragoWull Ref- Storm Sower to serve Lake Valley V Phase I It The City of Owasso 111 N Mail Owasso, OK 74055 SHOULD ANY OF THE ABOVE OESCRIEED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORRGO REPR��ETSENT�ATITIVE V N / > "' "" All ACORN 25 (2014101) The ACORD name and logo are registered marks of ACORD Maintenance Bend PRIVATELY FINANCED PUBLIC IMPROVEMENTS Bond No: 1014095 KNOW ALL MEN BY THESE PRESENTS, That we Morton Excavating, LLC as Principal (Developer and Contractor), and Oklahoma Surety Company as Surety, are held mid firmly bound unto the City of Owasso, Oklahoma, as Obligee, in the penal sum of'"k See Below " "" ($101,800.00) to which payment will and truly to be made, we do bind ourselves, and each of our heirs, executors, administrators, successors, and assigns jointly and severally, fimily bythese presents. WHEREAS, the Principal will fimlish a bond conditioned to guarantee, for the period of TWO YEAR after final approval of the Sanitary Sewer to Serve Lake Valley V Phase III, 145th E Ave HWY 20, Owasso, OK 74055, a privately financed public improvement, and acceptance of such by the City Council of the City of Owasso, Oklahoma, against all defects in woelamtnship and materials which may become apparent in such privately financed public improvement during said period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that the Principal and/or Surety shall indemnify the Obligee for all' loss that die Obligee may sustain by reason of any defective materials or worlunanship in the privately financed public improvement which may become apparent during the said period. SIGNED, SEALED, AND DATED: October 5, 2018 Morton Excavating, LLC P i ipal Oklahoma w ety Company Surety BY: �� Attorney ni -Fact Robb! Loyd '**One Hundred One Thousand Eight Hundred Dollars & 00/100.16 Attach Power of Attorney 16, KNOW ALL MEN BY,-THESE PRESENT;,Thid'jh0 ',�} 0,KLAHOMA-SUREiT- Y�.sqpMpANy a '-.. ao(patdio"rg 40 I q �' and exlstln'i: 'iadby �frtue of the o1bdo, doe 'constitute - appolrttbe�perpon T . 2=h6rd than one is named, 1Ys.ti6"Wd:( ful its name, jl� ib execute on)6e[iAlf-.61 if0safa Company, any and all bonds, Undertakings and contracts of suretyship, or other willan obligations In the nature thereof. Travis - 13 Bufris, John Kelly Qee.�r.,,V§jLI'qjjn P. Graham, Ve�yphjn.pz�ul Graham, Jr.,,ly r E. Brown, Jamie p � rd Long, RQbl�lp Loyd, Stephen M. rrt, Am all of pole `k' an and mlF yo IN WITN 8 , RE 5' �ffho OKLAHOMAISI)RETY-�,c) PANY has'pa"rid4fless prqents to be q1gn&d'6h'0, attested bylls apprQpr(Otei +',.�- -5 rs.�and (1? orf)6'Efllb' 'eel ejOunt�ialffixed this ober OKLAHOM' V,-COMPAN ASURET U I q $ i"'S�* SEAL 'MA�QTAA SURETY-,'-.q 'NY i. Sr-A 1437 SOUTH BOULDER, SUITE 200 TULSA, OKLAHOMA 74119-*918-587-7221 -FAX918-588-1263 T-74 SHARON HACKL Secretary �bl-IAFION hi '2f 4- Secretary --nF. BAZXI N. A W .'VjCE PRESIDENT On this Op d�Y OqQf er 2Q14-, before a personally afptieAred'oT-TODID BA�8T q 'llyW�1n, ' % to me knowB' .1, deposes Uyih j bsQ resides s1he is -E�fM.PAS ept of QRIahornaqtft�-!Iy - QV�ovo Instrurri In and whlbWeg' I 9'� OWER OF AT 6-666 ,h, the seal a 6��616 o%irry; that the seal eifixdd&INFeald Instrument 1�'X 1 corporate seal; that It was so affixed by authority of harlhIsofflon under the By-Laws ofsald Company, and that s /he signed his name thereto by 111(a, ---authority. KNOW ALL MEN BY,-THESE PRESENT;,Thid'jh0 ',�} 0,KLAHOMA-SUREiT- Y�.sqpMpANy a '-.. ao(patdio"rg 40 I q �' and exlstln'i: 'iadby �frtue of the o1bdo, doe 'constitute - appolrttbe�perpon T . 2=h6rd than one is named, 1Ys.ti6"Wd:( ful its name, jl� ib execute on)6e[iAlf-.61 if0safa Company, any and all bonds, Undertakings and contracts of suretyship, or other willan obligations In the nature thereof. Travis - 13 Bufris, John Kelly Qee.�r.,,V§jLI'qjjn P. Graham, Ve�yphjn.pz�ul Graham, Jr.,,ly r E. Brown, Jamie p � rd Long, RQbl�lp Loyd, Stephen M. rrt, Am all of pole `k' an and mlF yo IN WITN 8 , RE 5' �ffho OKLAHOMAISI)RETY-�,c) PANY has'pa"rid4fless prqents to be q1gn&d'6h'0, attested bylls apprQpr(Otei +',.�- -5 rs.�and (1? orf)6'Efllb' 'eel ejOunt�ialffixed this ober 23, , 2000 f6iwnqf-64� and arUho��Fu fOrpel and effect. Signed and seated IN day of O� —' $ i"'S�* SEAL 'MA�QTAA SURETY-,'-.q 'NY i. Sr-A ATTEST tigd! T-74 SHARON HACKL Secretary �bl-IAFION hi '2f 4- Secretary --nF. BAZXI F a A W .'VjCE PRESIDENT On this Op d�Y OqQf er 2Q14-, before a personally afptieAred'oT-TODID BA�8T q 'llyW�1n, ' % to me knowB' .1, deposes Uyih j bsQ resides s1he is -E�fM.PAS ept of QRIahornaqtft�-!Iy - QV�ovo Instrurri In and whlbWeg' I 9'� Capp R.I. -R pny, the tamps y 6-666 ,h, the seal a 6��616 o%irry; that the seal eifixdd&INFeald Instrument 1�'X 1 corporate seal; that It was so affixed by authority of harlhIsofflon under the By-Laws ofsald Company, and that s /he signed his name thereto by 111(a, ---authority. A� bMitptsiqq� 1'100$253'; - 39 'y g N Wrl�W OKLAHOMA My [on expires: 0 —0e8-15 COUNTY 'T `'JUTE Notary pit b1lo -AL HAN This POW& of'Wilirdrio g�.knlad by auk of Surety a pft ous wrgteqpqPnt"d �Septernber 25;.� fq V RESOLVED: That the President, the Executive Vice President, the several Senior Vice Presidents and Vice Presidents or anyone of them. ,d a ho on behalf of thp (jQjnpapyqs surety, any, and all an , ""' by 'a au' s undertakings I't ot"heir a uthorl Y, prestribe" IhqIrr6§F offrRilles and IQ�as�e@6 RESOLVE oIflcersaZJW8r of' the Company ny may affixed by facsimile to any power of attorney or cerliflcale of either given fox fhe execution of any bond, undedalang, contract of 'u yj , or a r , a _ hip I he Wr 41jut, la f h fit, being hereby a0p.1 by lbq-Company as.itre in nttj Ily affix d an effect as ftq� CERTIFICATION -.; A i-- eoretqTy. '-�i of of�lb�.60a 9:06ty qOmpany, dd-hgle�y forego • .i-4,bf.Allarbey and the r&dlionirci ofDir, ',;qfiApk m113425 23, , 2000 f6iwnqf-64� and arUho��Fu fOrpel and effect. Signed and seated IN day of O� —' # -iV AV s0 o i. Sr-A tigd! SHARON HACKL Secretary 1. 0 F a �P IF RM MORTO.O OP ID: VS `"4 O� CERTIFICATE OF LIABILITY INSURANCE e1010512DIS �1a1os/zw5 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(% AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certl0cato holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION 18 WAIVED, subject to the terms and conditions of the policy, cortaln policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such ondorsamont(s), PRODUCER RICH 8 CARTMILL, INC 2770 East 51st 0400 Tulsa, OR 74105 Tony Holmes IG4AOA"IEL" Ton Holmes P c "E • 918- 743 -8811 F e No:918- 744 -8428 AIIONe. INSURERS AFFORDING COVERAGE NAICY INSURERA:American Fire $ Casualty Co BLA1555786017 01/2812015 _ INSURED Morton Excavating, LLC - - Co weta, OK 74429 Box 482 OIGURGRB:01110 Securlty Ins CO _ 24082 MURERC:Ontoca lUar 24074 INSURERD; GENLAOGREGATFLpIIMMIyITAPPLIMPI7t: MEDEXP(Anyenapwaon) INSURER E: ' NSURERP: POLICY 0UECOT ❑LOC DmER GENERAL. AGGREGATE :ERTIFICATE NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, FXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE SD POLICyNUMBER (M 1,1410 MINDD LIMITS A X COAIMERCIALGENERALIMILITY CIAIMS6LIADE X�OCCUR BLA1555786017 01/2812015 01/28/2016 UCHOCCLRRE14CE $ 1,000,00 PREMISES Eeaxurenee $ 1,000,00 GENLAOGREGATFLpIIMMIyITAPPLIMPI7t: MEDEXP(Anyenapwaon) $ 15,000 PEREONALBADVINUURY $ 1,000,00 POLICY 0UECOT ❑LOC DmER GENERAL. AGGREGATE $ 2,OD0,00 PRODUCTS - COMR /OP AGO a 2,000,00 $ B AUTOMOBIL9LIABILRY X ANY AUTO gN11RpOg ED SCHEDULED NON-OWNED WRED AUCOS AUFOS BAS1555796017 0112812015 0112.812096 r1MBINED INGLELIMIi L,T, el $ 1,000,00 BODILY IFMW(Psrpsrsonl $ BODILY INkRY(Pormidantl a Pereoddenl _ __ S C X UMSRELLAUAII EXCESS WIB N OCCU2 CLAIMSbNDE US01555790017 01/28/2015 01/2812018 EACH OCCURRENCE $ 9,000,00 AGGREGATE $ DED I X I RETEM4ON 4 100011 - B WORHERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPMETORIPARTNEF- WCIITIVE YIN OFFICFRM MSER EXCLUDED? (tAl9andatory 1n NHI as describe NIA XW855798017 06101/2095 06/0112016 X Sf ER EL EACHACCIDENT a 1,000,00 EL. DISEASE-EA EMPLOYE $ 1,000,00 EL. DISEASE - POLICY LIMIT '1,000,00 DESCRIPTIONOFaFERA T1oNSILOCATIONSIVB*MES (ACORD 101,Ad4lonal Remulm SchedWq maybe aBazhad lrmore spew Is mcmrod) Ref- Sanitary Sewer to Serve Lake Valley V Phase III The City of Owasso 111 N Main Owasso, OK 74055 IkUVKU 2O (ZU14[Ul) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROyISION6, AUTHOW TED REPRESEITATNE 01 fhe ACORD name and logo are registered Marks of ACORD ut February 7, 2012 Mr. Roger Stevens, Acting Public Works Director City of Owasso 301 West 2nd Ave Owasso; Oklahoma 74055 Re: Permit No. SL000066120014 Lake. Vatley V & Laka Valley I( Sanitary .Sewer Line. Extension Facility No, S 721310 Dear Mr. Stevens; MARY FALLIN Govamor Enclosed Is Permit No.SL0000661206141or the'constructtoh of 9,660. linear feet of eight (8) Inch PVC, , 2,015 linear feat of ten (11 6.) Inch PVC sanitary sewer One and all appurtenances to serve the Lake Valley V & Lake Valley 11, Rogers County,.Okiahoma. The project author izad by,this permit should be constructed In accordance with the.plans. approved by this Department on February 7, 2012. Any deviations from'the approved . plans and specifications affedting capacity, flow or operation of units must be approved, in writing, by the. Department before changes are made. Receipt of this permit, should be noted In the minutes of the next regular m. eating of the City of Owasso, after which It should be made a matter of permanent record. We are returning one (1) set of the approved plans to you, one (1) set to your engineer and retaining one (1) set for our files. >aritl, P.E. Permit Section Division QRK /RC /bg Enclosure c: Rick Austin, Regional Manager, DEQ Claremore DEO'Office Michael A. Holmes, P.E„ Tulsa Engineering & Planning Associates, Inc. 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA QTY, OKLAHOMA 73101 -1677 printed on meycled paper with soy ink Q, Rural Water District No. 3 Washington County, Oklahoma 17227 N. 129th E. Ave., P.O. Box 70, Collinsville, OK 74021 -0070 Ph. (918) 371 -2055 • Fax (918) 371 -3864 • TRS 711 October 28, 2015 City of Owasso Attn: Mr. Earl Farris, Project Administrator P 0 Box 180 Owasso, OK 74055 FAX 272 -4996 Dear Sirs: The requirements by Rural Water District 43, Washington County have been fulfilled and water lines . have been accepted for Lake Valley V, Phase 3, a subdivision located in Section 10, T -21- N, R -14 -E, Owasso, Rogers County, Oldahoma. Sincerely,� Jen•y Gammill District Manager in accordance with Federal law and U.S. Department of Agriculture policy, this Institution Is prohibited from discriminating on the basis of race, color, national origin, age, disability, religion, sex, and familial status. (Not all prohibited bases apply to all programs). To file a complaint of discrimination, write USDA, Director, Office or 0v11 Rights, 1400 Independence Avenue, S.W., Washington, D.C, 20250 -9410 or call (BOB) 795.3272 (voice) or (202) 720-6392 (MD). n—Tity Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Daniel Dearing Sr. Civil Engineer SUBJECT: Acceptance of Urban Engineering Agreement DATE: November 24, 2015 BACKGROUND: On May 17, 2005, the Engineering Design Criteria, Construction Standards and Standard Details for any and all developments, projects, and infrastructure improvements within the City of Owasso were adopted by the City Council. Documents required as a result of that adoption include two different agreements, one which must be submitted by the developer and one which must be submitted by the developer's engineer. The agreements are as follows: ENGINEER AGREEMENT: The agreement required to be submitted by the developer's engineer is titled "Agreement for Urban Engineering Services" (Section 0114.1(B). This agreement requires the engineer to list all improvements associated with the proposed development, attest that all designs will be in compliance with City standards (outlined in the design criteria), pay all fees associated with the plan review, attest that he /she is a Registered Professional Engineer in the State of Oklahoma, and attest that he /she maintains Professional Liability Insurance in limits directly correlated to the cost of the project specified in the attached agreement. The liability insurance to project cost ratio schedule is as follows: Proiect Cost Less than $500,000 $500,000 - $1,000,000 Greater than $1,000,000 DEVELOPER AGREEMENT: Professional Liability Insurance $ 250,000 $ 500,000 $1,000,000 The agreement required to be submitted by the developer is titled "Agreement Guaranteeing Installation of Improvements" (Section 0114.1 (C). This agreement requires the developer to submit engineering drawings for the proposed improvements, provide oversight of his /her construction contractor to assure compliance with the approved plans, and submit "as- built" drawings upon completion of the construction of improvements. The Mayor's signature is required on the "Agreement for Urban Engineering Services" (Engineer Agreement), and therefore Council approval is needed. RECOMMENDATION: Staff recommends approval and authorization for the Mayor to execute the following "Agreement for Urban Engineering Services" (Engineers Agreement): • Cedar Creek Consulting, Inc., for sidewalk improvements to serve Starbucks. ATTACHMENT: "Agreement for Urban Engineering Services" - Cedar Creek Consulting, Inc., for sidewalk improvements to serve Starbucks AGREEMENT FOR URBAN ENGINEERING SE ICES THIS AGREEMENT, entered into by and between the CITY OF OWASSO, OKLAHOMA, a municipal corporation, hereinafter called "City" and Cedar Creek Consulting, Inc. WITNESSETH; hereinafter called "Design Engineer ". WHEREAS, the Design Engineer has been employed by the Owner/Developer /Subdivider of the herein described real property to prepare all project plans and specifications and to provide certain engineering services during the construction of the hereinafter sometimes referred to as the "Project ", upon easements and rights-of-ways to be owned or controlled by the City; and WHEREAS, the Design Engineer is desirous of obtaining the review (and approval) of the plans and specifications for said project by the City of Owasso Public Works Department; and WHEREAS, the City is willing to review the plans and specifications prepared by the Design Engineer under the hereinafter described terms and conditions. NOW, THEREFORE, in consideration of the foregoing and in consideration of the hereinafter set forth promises and covenants, the parties hereto mutually agree as follows, to- wit; 1. The Improvements to be designed by the Design Engineer (pursuant to this Contract) shall generally consist of the following types of improvements Site development for Starbucks. Public improvements 'to be 124 LP of sidewalk. which shall be located on the following described tract of land: West '136.37 feet of Lot Two (2), Block Two (2), Garrett Creek Center. Address; 13506 East 116th Street North 2. The Design Engineer shall, in conformity with the provisions of the City's Standard Specifications for Urban Engineering Services, including the City's current Design Criteria, which are hereby incorporated and made a part of this Contract by reference, prepare project plans, specifications, and other engineering documents as may be necessary for the proper construction of the project improvement, and shall perform all construction layout surveys, and staking and periodic general construction supervision on the project improvements as they are constructed by the Owner and his Contractor. 3. The City shall review (and approve) the project plans, specifications, and other engineering documents for the construction of the project improvements prepared and submitted to the City by the Design Engineer, 4. The Design Engineer shall compensate the City for reviewing (and approving) plans and specifications for the project at the rate of One Hundred Dollars ($100.00) for each plan sheet submitted (other than plan sheet Standard Drawings of the City of Owasso or of the Oklahoma Department of Transportation), except that the minimum charge for each project shall be One Hundred -fifty Dollars ($150.00). Payment shall be due and payable upon presentation of the plans and specifications for the project for review by the City. PFPI plan review and permit fees are waived for governmental entities, No fees shall be collected by the City of Owasso on any public work or improvement performed by or for any city, county, state, or federal governmental entity; provided however, that this exemption shall not constitute waiver of any ordinance requiring the issuance of such permits, and it shall apply only to such permits issued directly to the governmental entity involved, 5. The Design Engineer hereby covenants that he /she is a Registered Professional Engineer in the State of Oklahoma at the time of execution of this Contract, and should the Design Engineer cease to be a Registered Professional Engineer prior to completing performance of the tenns and conditions of this Contract, the Design Engineer shall immediately notify the City and shall engage a Registered Professional Engineer acceptable to the City to complete performance of the promises and covenants contained herein. 6. The Design Engineer further covenants and agrees that he /she maintains and is covered by Professional Liability Insurance in limits of not less than those indicated in the following schedule; Project Cost Less than $500,000 $500,000 - $1,000,000 Greater than 51,000,000 Professional Liability Insurance $250,000 $500,000 $1,000,000 (Project Costs to be as defined in Section I of the attached Specifications for Urban Engineering Services) and that lie /she will maintain same in continuous force and effect for a period of not less than three years from and after final acceptance of the project herein. 7. The Design Engineer further covenants and agrees to comply with Section I, Section II and Section III of the attached Standard Specifications for Urban Engineering Services and that these specifications become a part this contract. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives on the dates set for the below, Executed by the City of Owasso, Oklahoma, on the day of 20 —_ Executed by the Design Engineer on the 194(% day of Nov. 2015. CITY OF OWASSO, OKLAHOMA a municipal corporation R ATTEST: Mayor City Clerk APPROVED AS TO FORM: uav� City Attorney Works Director DESIGN ENGINEER Design Engineer BY Tulsz 09C4e_e "&k oLjg, Title ATTEST: Secretary AML nTitoyw, out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Juliann M. Stevens Deputy City Clerk SUBJECT: Resolution 2015 -23, City Council Election DATE: November 24, 2015 BACKGROUND: Pursuant to the provisions of the Owasso City Charter governing the election of City Council members, "the Council shall take action by Resolution to call any necessary Ward Elections." In 2016, such election is required for Ward 5 for a three -year term. Earlier this year, the Oklahoma Legislature passed and Governor Fallin signed two bills affecting elections conducted by the County Election Boards. The City of Owasso utilizes the Tulsa County Election Board to facilitate our city elections, therefore Owasso election dates and candidate filing periods will be affected by these new laws. Resolutions for elections not conforming to the new requirements will not be accepted and will not be conducted by the County Election Board. The City Charter identifies the primary election to take place on the first Tuesday in March and if needed, the general election to take place on the first Tuesday in April. In addition, the Charter sets the candidate filing period as the first Monday, Tuesday, and Wednesday in February. As a result of the changes within the law governing elections conducted by the election board, the dates in which elections will be held and the beginning of the candidate filing period will no longer match the Charter language and will vary depending on an even - numbered or odd - numbered year. ACTION REQUESTED: Staff is requesting Council action to approve a resolution calling for an election to be conducted for City Council Ward 5 on Tuesday, March 1, 2016. In addition, the proposed resolution identifies the process to be followed in order to meet all legal requirements and allows for proper notification to the Tulsa County and Rogers County Election Boards. ELECTION DETAILS: The election date and filing periods are set in accordance with new state laws governing elections conducted by the County Election Board. The filing period for interested candidates will be December 21, 22, and 23, 2015. All candidates must file a Declaration of Candidacy form with the Tulsa County Election Board between the hours of 8:00 AM and 5:00 PM on any of these dates. The primary election will be held on March 1, 2016. The general election, if necessary, will be held on April 5, 2016. Only qualified electors who reside within the ward shall be qualified to hold the office of City Council Member for that ward. However, all registered voters residing within the Owasso city limits may vote in the election. Should one of the candidates not receive the majority of all votes cast for the particular ward, a general election will be held. NEW LAWS AFFECTING CITY ELECTIONS: Senate Bill 312 limits regular or special elections to fill elective offices and proposition /question elections to certain election dates during even and odd numbered years. This bill is effective on January 1, 2016 and applies to all elections after that date. During even - numbered years, March elections are only allowed when the Presidential Preferential Primary Election is held. Thus, the City of Owasso will be able to conduct the 2016 candidate election on the first Tuesday in March (3/l/2016). During odd - numbered years, candidate elections are only allowed in February, April, September, and November. For the 2017 Council election, a determination will need to be made regarding which month to hold the candidate election. Senate Bill 399 standardizes the timeframe for the three -day filing period for interested candidates. In order for the Election Board to facilitate the city's election, the candidate filing period must begin no later than twenty days after the date the Resolution is required to be submitted. However, when the State of Oklahoma calls a special election for the some date as the municipal election, the deadline changes to ten days after the resolution is due. This is the case for the 2016 Ward 5 Council election. The resolution calling the Ward 5 election is due by December 16, 2015; therefore the filing period must begin no later than ten days following. This makes the filing period for the 2016 election in December, significantly different from the Owasso Charter setting the filing period for the first Monday, Tuesday, and Wednesday of February. RECOMMENDATION: Staff recommends approval of Resolution 2015 -23 calling an election for the purpose of electing City Council representation for Ward 5. ATTACHMENTS: Resolution 2015 -23 Council Ward Map CITY OF OWASSO, OKLAHOMA RESOLUTION 2015 -23 NOTICE OF ELECTION AND CERTIFICATION WHEREAS, a Primary Election shall be held on the lsf day of March, 2016 for the purpose of electing an Owasso City Council Member for the ward and term as follows: WARD NO. TERM J 3 years WHEREAS, a General Election, if necessary, shall thereafter be held on April 5, 2016 to elect said Council Member. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA: 1. That a non - partisan Primary Election for City Council Members, as set out, be held on March 1, 2016, 2. That the General Election thereafter, if necessary, be held on April 5, 2016, 3. Only qualified electors of the City of Owasso who reside in the respective ward shall be qualified to hold the office of Council Member. 4. The filing period will begin at 8:00am on Monday, December 21, 2015 and end at 5:00pm on Wednesday, December 23, 2015. BE IT FURTHER RESOLVED that the City Council of the City of Owasso, Oklahoma hereby certifies to the Tulsa County Election Board that Tulsa County precincts #750, 751, 752, 753, 754, 755, 756, 757, 758, 759, 760 and Rogers County precincts #31 and 130 are to be opened; and Tulsa County precinct #21 and Rogers County precincts #6, 21, 29, and 30 are to remain closed as there are no residents within city limits of Owasso in those precincts. PASSED AND APPROVED this 1s} day of December, 2015 by the City Council of the City of Owasso, Oklahoma. Jeri Moberly, Mayor ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney O e City Wit out Limits. TO: Honorable Mayor and City Council City of Owasso FROM: Roger Stevens Public Works Director SUBJECT: Resolution 2015 -24 COOT Agreement - Garnett Road Widening (E 96th St N to E 106th St N) DATE: November 24, 2015 BACKGROUND: Garnett Road from E 961h St N to E 106th St N is currently the heaviest traveled two -lane roadway segment in Owasso. Traffic counts in this area were tabulated at 14,800 and 15,411 vehicles /day in 2012 and 2013, respectively. The road, once on the highway system, accommodates heavy residential traffic, commercial uses, and hospital traffic. For these reasons, the Owasso Capital Improvements Committee listed the widening of Garnett from E 96th St N to E 106th St N as one of the highest priorities among potential capital improvements projects. In October 2012, the City of Owasso contracted with Dewberry Engineers, Inc., to perform the engineering for the Garnett Widening project. Currently, the engineering design is approximately 80% compete with environmental study recently approved by ODOT and FHWA. In November 2013, INCOG Board of Directors approved $3.2 million of federal funds to be allocated to this specific project for the construction phase in the year 2017 or sooner if funding is available. In order to secure this funding, approval of a resolution is required authorizing the execution of the agreement with ODOT, "Right -of -Way, Public Utility and Encroachment Agreement." RIGHT -OF -WAY, PUBLIC UTILITY AND ENCROACHMENT AGREEMENT: This Agreement outlines all responsibilities of the City of Owasso and ODOT with regards to Right - of -Way (ROW) before, during and after construction. Regarding the project ROW, the Agreement provides that the City will: • Grant right of access to ODOT and its contractors, • Remove all encroachments, • Prohibit parking, • Comply with driveway standards, • Acquire and maintain all ROW, • Be responsible for relocating all utilities, and • Locate, construct and maintain for the duration of the Project any necessary detours. RECOMMENDATION: Staff recommends approval of Resolution 20015 -24 authorizing the Mayor to execute the Right - of -Way, Public Utility and Encroachment Agreement between the Oklahoma Department of Transportation and the City of Owasso for the Garnett Road Widening from E 961h St N to E 106th St N. ATTACHMENTS: Resolution 2015 -24 Oklahoma Department of Transportation - Right -of -Way, Public Utility, and Encroachment Agreement Site Map OWASSO CITY COUNCIL RESOLUTION 2015 -24 A RESOLUTION AUTHORIZING THE EXECUTION OF A RIGHT -OF -WAY, PUBLIC UTILITY AND ENCROACHMENT AGREEMENT FOR FEDERAL AID PROJECT J3- 0742(004) IG, JOB PIECE NUMBER 30742(04) BY AND BETWEEN THE CITY OF OWASSO AND OKLAHOMA DEPARTMENT OF TRANSPORTATION. WHEREAS, it is in the best interest of the City of Owasso to execute a Right -of -Way, Public Utility and Encroachment Agreement by and between the City of Owasso and the Oklahoma Department of Transportation for Federal -aid Project J3- 0742(004) IG, Job Piece Number 30742(04) described as: Garnett Widening - East 961h Street North to East 106th Street North in accordance with the terms and tenor of 69 O.S. 2001, Sections 1205, 1206, 1401 and 1403. NOW, THEREFORE, BE IT RESOLVED, that the Mayor is authorized and directed to execute the above described agreement on behalf of the City of Owasso. APPROVED AND ADOPTED this 1st day of December, 2015, by the City Council of the City of Owasso, Oklahoma. Jeri Moberly, Mayor Attest: Sherry Bishop, City Clerk Approved As To Form: Julie Lombardi, City Attorney AG City-LPA 02 -22 -08 revised,Fnn RIGHT -OF -WAY, PUBLIC UTILITY AND ENCROACHMENT AGREEMENT Population 28,915 This Agreement made and entered into this _ day of , 20_, by and between the City of Owasso, Tulsa County, Oklahoma, hereinafter called the City and the Department of Transportation of the State of Oklahoma, hereinafter called the Department, Witnesseth: That for and in consideration of the covenants and agreements hereinafter set forth, it is mutually agreed by and between the parties hereto as follows: In connection with the location and improvement of a portiorJo the System within the corporate limits of the City, now designated as Garnett Rd from 96" Street N. to 106th Street N., under plans and specifications for J3- 0742(004)IG, Job No. 30742(04) WHEREAS, legislative authorization and the rules, regulations, and policies of the Department provide the basis of cooperation between the parties to effect such highway improvements. NOW, THEREFORE, the parties hereto agree as follows: The City agrees: 1, To the location of said highway, acknowledges receipt of and adopts the plans for said project as the official grade and drainage plans of the Underwriter for the streets, boulevards, or arterial highway included therein- Further, and in addition to the provisions contained elsewhere herein, City hereby grants to the Department access to and the use of all rights -of -way belonging to or controlled by the City and City shall not permit the vacation of any such street, alley or other rights -of -way without the prior written approval of Chief, Right of Way Division, Department of Transportation, State of Oklahoma. Page 1 of 7 2. That prior to the advertising of the project for bids (as to that part of the project lying within the present corporate limits) it will: (a) Grant to the Department and its contractors, the right -of -entry to all existing streets, alleys, and City owned property when required, and other rights -of -way shown on said plans. (b) Remove at its own expense, or cause the removal of, all encroachments on existing streets as shown on said plans, including all signs, buildings, porches, awnings, porticos, fences, gasoline pumps and islands, and any other such private installations. Said removal shall be accomplished immediately on execution of this agreement and shall include necessary legal action where required. (c) Prohibit parking on that portion of the project within the corporate limits of the Local Public Agency. (d) Comply with the Department's standards for construction of driveway entrances from private property to the highway, in accordance with the Department's manual entitled "Policy on Driveway Regulation for Oklahoma Highways ", Rev. 5/96, 69 O.S. (2001) § 1210. (e) Maintain all right of way acquired for the construction of this project, as shown on said plans, in a manner consistent with applicable statutes, codes, ordinances and regulations of the Department and the State of Oklahoma. 3. That City will: (a) Determine and locate, with the Department's approval, a detour route over existing city streets, if a re- routing of traffic or a detour is necessary during the period of construction. (b) Be responsible during or subsequent to construction, for all costs for the operation and any maintenance necessary to the approved detour route over existing City streets, or any other street as a result of additional traffic. (c) Be responsible for all costs for repairs or maintenance to any City street, during or subsequent to construction, which results from additional traffic where construction is performed under traffic. Page 2 of 7 (d) To the extent permitted by the Oklahoma Governmental Tort Claims Act, Title 51 Oklahoma Statutes, Sections 151 et seq. and by Oklahoma Constitution Article 10, section 26 and as otherwise permitted by law, the City shall indemnify and save harmless the Department, it's officers and employees, and shall process and defend at its own expense all claims, demands, or suits whether in Law or equity brought against the City or the Department arising from the City's execution, performance, or failure to perform, and provisions of this agreement or alleged negligence in the location, design, construction, operation, or maintenance of a portion of the City Street System within the corporate limits of the City. Provided, nothing herein shall require the City to reimburse the Department for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Department. When any alleged act, omission, negligence, or misconduct may be subject to the limitations, exemptions, or defenses which may be raised under the Oklahoma Governmental Tort Claims Act, 51 O.S. § 151 et seq., all such limitations, exemptions, and defenses shall be available to and may be asserted by City. No liability shall attach to the Department except as expressly provided herein. e) Comply with all applicable laws and regulations necessary to meet the Oklahoma Department of Environmental Quality (ODEQ) requirements for pollution prevention including discharges from storm water runoff during the planning and design of this project. Further, the City agrees and stipulates as stated in the ODEQ's General Permit OKR10, dated September 13, 2002, or latest revision, to secure a storm water permit with the ODEQ, for utility relocations when required. It is agreed that the storm water management plan for the project previously described in the document includes the project plans and specifications, required schedules for accomplishing the temporary and permanent erosion control work, the storm water pollution prevention plan and the appropriate location map contained in the utility relocation plans 4. That subsequent to the construction of said project, City will: Page 3 of 7 (a) Keep all permanent right -of -way shown on said plans free from any encroachment and take immediate action to effect the removal of any encroachments upon notification by the Department, including all necessary legal action when required. (b) Erect, maintain, and operate traffic control signals, including speed limit and traffic control signs, only in accordance with 47 OS 2001, Section 15 -104, 15 -105 and 15 -106, and subject to the approval, direction and control of the Department. (c) Regulate and control traffic on said project, including but not limited to, the speed of vehicles, parking, stopping, and turns, in accordance with 47 OS 2001, 15 -104, et seq. and to make no changes in the provisions thereof without the approval of the Department. (d) Maintain all that part of said project within the corporate limits of the City. (d) Maintain all that part of said project within the corporate limits of the City between the gutter lines and the right -of -way lines, and if no gutter exists, between the shoulder lines and the right -of -way lines, including storm sewers, all underground facilities, curbs and mowing, all in accordance with 69 O.S. Supp. 1994 §901 and all other applicable law. (e) The City shall have the authority pursuant to 69 O.S. 2001 § 1001 and 69 O.S. 2001 § 1004 to sell any lands, or interest therein, which were acquired for highway purposes as long as such sale is conducted in accordance with the above cited statutes. Prior written approval by the Chief, Right -of -Way Division for the Department shall be required before any sale is made. 5. That all covenants of this Agreement shall apply to any area hereinafter annexed to the City which lies within the limits of this project. 6. That it will, by resolution, duly authorize the execution of this Agreement by the proper officials, and attach copies of such resolution to this Agreement. 7. To acquire all right -of -way, if any, be responsible for the total costs for removing and relocating outdoor advertising signs and for the relocation assistance payments to persons displaced by reason of the acquisition of right -of -way and be responsible for the removal or relocation of all utility lines on public or private rights -of -way to accommodate the construction of this project. Page 4 of 7 (a) Transmit copies of the instruments, including all deeds and easements, to the Department prior to the advertisement of bids for construction. (b) Comply with the provisions of 42 U.S.C.A. § 4601 -4655 and 23 U.S.C.A. § 323 (as amended) and, further comply with 49 C.F.R. Part 24 in the acquisition of all necessary right -of -way and relocation of all displacees. (c) That as a condition to receiving any Federal Financial Assistance from the Department, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252.42 U.S.C. 2000d -35 seq., and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, "Nondiscrimination of federally- assisted Program of the Department of Transportation- Effectuation of Title VI of the Civil Rights Act of 1964 ". 8. If the acquisition of right -of -way for this project causes the displacement of any person, business or non - profit organization, the City will provide and be responsible for the Relocation Assistance Program and for all cost associated with the relocation assistance payments. The Department will supply a list of approved service providers qualified to administer the Relocation Assistance Program. The City agrees to employ a service provider from the approved list and comply with all applicable rules, regulations, statues, policies and procedures of both the United States and the State of Oklahoma. Before any relocation assistance payments are made, all files with parcels requiring relocation shall be audited by the Department. The Department shall be notified in writing within seven (7) days of the date of the offer to the property owner on any parcel which will require relocation assistance. Written notifications of offers to acquire shall be addressed to Project Manager, Right -of -Way Division, Oklahoma Department of Transportation, 200 N. E. 21st Street, Oklahoma City, Oklahoma 73105. Page 5 of 7 IN CONSIDERATION of the grants and covenants by the City herein contained and the faithful performance thereof by the City, the City agrees to construct said project in accordance with said plans and specifications; provided that the right to review and approve and to make such changes in the plans and specifications as are necessary for the proper construction of said project is reserved to the Department. IN WITNESS WHEREOF, we have hereunto set our hands and seals, the City on the _ day of 20 — 20_, and the State on the day of ATTEST: CITY OF OWASSO City Clerk REVIEWED AND APPROVED AS TO FORM AND LEGALITY Chief, Legal Division (ODOT) Mayor STATE OF OKLAHOMA DEPARTMENT OF TRANSPORTATION Chief, Right -of -Way Division (ODOT) Page 6 of 7 ■ = � i�1111111111 ,- X111111111111 � \III \ 11/1111111 111111111► IONIC: :' • ��1 ®I ,� � �� , 11111► ��11 \1111■ ■■ �► I�i� � ��,�� ■■�III �i► � � � � �� rr11 ►�S �rr'r.�ii►s u�. � . /�� 111■ � � .� � � ...... ■11■ �� ■�■ i■ ■1 ■ ■'� �,�111111■ �� ■■ ■■ ■■ ■■ ■111 ►��I11■ �■1111�1 ■IIV X111111111■ ►I /111■ ■111111111 . ■1111111 ■ ■�■ !i�■■�111�■11�1■■ �� ■1111: M11■►1� ■ ■1I ♦111■ ■ � A ►rli j9 rim �� y mill III III, JI, 11111 CITY OF OWASSO _ * I 11 N. Main Street P.O. Box 180 Owasso, OK 74055 918.376.1500 The City Wit out limits. TO: The Honorable Mayor and City Council City of Owasso FROM: H. Dwayne Henderson, P.E. City Engineer SUBJECT: East 761h Street North Roadway Improvements- - Engineering Services Amendment and ODOT Finance Agreement DATE: November 24, 2015 BACKGROUND: In May 2013, the City of Owasso approved an engineering agreement with Poe & Associates, Inc., and the Oklahoma Department of Transportation for the engineering survey, design and NEPA clearance for 76th Street North from US Hwy 169 frontage road to N. 1291h East Ave. Since then, the engineering survey is at 95% complete, design is at 60% completion and the NEPA is at 90% complete. However, additional costs associated with unforeseen circumstances have added unexpected scope to the project and additional services are needed ENGINEERING AGREEMENT AMENDMENT: The engineering agreement is being amended as follows: 1. NEPA Document: During the preparation of the NEPA document, the Federal Highway Administration changed the guidelines required of the Final Document. The changes occurred during the preparation of the 76th Street North NEPA document and caused additional work by the environmental subconsultant that warranted additional fees. Additional fees = $7,185. 2. Additional Signalization Work: The original scope of work was to start the project east of the signal lights at the US Hwy 169 frontage road and extend to the west side of the N. 1291h East Avenue improvements made a few years ago. Since neither set of signals at each end of the project has provisions for pedestrians, pedestrian head signals are needed to be added to the existing signal the following costs are for the design to modify the signals. Additional fees = $15,000.00 3. Additional Surveying/Engineering to Extend Sidewalk to N 129th East Ave: In order to extend the sidewalk to N. 129th East Ave Intersection, additional survey and engineering is needed to accommodate this work. Additional fees = $3,415. FINANCE AGREEMENT: ODOT has prepared a Supplemental Engineering Contract Financing Agreement identifying responsibilities of City of Owasso on this project. Costs of engineering services are divided, whereby Federal -aid Surface Transportation Program Project will provide 80% of the negotiated fee and City of Owasso will provide the remaining 20 %. The final negotiation fee proposal for the amendment, from Poe and Associates, Inc., was $25,600. A percentage of 80% of the fee ($20,480) is being funded by the Federal Highway Administration and 20% ($5,120) by the City of Owasso. New fee for the project is $455,531. FUNDING: Funding of the City's portion of this project is included Capital Improvements Fund, ACTION REQUESTED: Staff is requesting Council action to approve the amendment to engineering services, to approve the supplemental financing agreement and to authorize the payment to ODOT for $5,120. RECOMMENDATIONS: Staff recommends Council approval of the following related to the 76th Street North Widening project: Supplemental and Modification Agreement No. 1 to Provide Additional Engineering Services; Supplemental Engineering Contract # 1 - Financing Agreement; and Authorization for payment of ODOT invoice dated 11 /23/2015 for $5,120. ATTACHMENTS: Supplemental and Modification Agreement No. 1 (Engineering Services) Supplemental Engineering Contract #1 - Financing Agreement ODOT Invoice dated 11 /23/2015 Final Fee Summary Poe & Associates, Inc. Memorandum to Council dated May 3, 2013 Location Map SUPPLEMENTAL AND MODIFICATION AGREEMENT NO. 1 TO PROVIDE ADDITIONAL ENGINEERING SERVICES UNDER AN ORIGINAL ENGINEERING CONTRACT NO. 1431 PRELIMINARY ENGINEERING PROJECT NO. J2- 9326(005)IG JOB NO. 29326(05) TULSA COUNTY This Supplemental Agreement entered into by and between the City of Owasso, and hereinafter referred to as the City, and Poe and Associates Inc., referred to as the Consultant, said parties being the same who executed Engineering Contract No. 1431. WITNESSETH: WHEREAS, it is deemed necessary by the City and in order to provide additional engineering, it is necessary to modify Engineering Contract No. 1431. The not to exceed compensation under Section 4, Compensation, of the Engineering Contract shall be adjusted through this Supplemental Agreement No. 1, Attachment D. Total Supplemental 1 Amount: $ 25,600.00 Previous Contract Amount: $429,931.00 Total Contract Amount: $455,531.00 WHEREAS, the Consultant is directed to make the necessary changes noted above as part of Engineering Contract No. 1431 and, WHEREAS, under the terms of Section 18: Integration and Modification, it was agreed that these revisions would be paid for by a Supplemental Agreement negotiated prior to performing the additional work. NOW, THEREFORE, it is mutually agreed by and between the parties hereto: A. A not to exceed amount of TWENTY FIVE THOUSAND SIX HUNDRED DOLLARS $25,600 shall be necessary for the revisions covered under this Supplemental Agreement No. 1. B. Partial payment for these revisions will be in accordance with "Schedule of Progressive Payments" for Engineering Contract No. 1431, C. The City will pay the sum of TWENTY FIVE THOUSAND SIX HUNDRED DOLLARS $25,600 for additional services under the terms of this Supplemental Agreement No. 1. D. That Engineering Contract No. 1431 is hereby modified as above described, said Contract in all other respects be unchanged and in full force and effect. THIS SPACE LEFT BLANK INTENTINOALLY 2 IN WITNESS HEREOF: This Supplemental Agreement is executed by the Consultant on the day of 20 , and the City on the day of 20 (Corporate Seal) Federal Tax Number: STATE OF COUNTY OF ) Subscribed and sworn before the undersigned on the day of 20 Notary Public My Commission Expires: My Commission Number: CITY OF OWASSO APPROVALS: RECOMMENDED FOR APPROVAL: City Mayor Date APPROVED AS TO FORM AND LEGALITY: City Attorney Date APPROVED: City Clerk Date 3 Consultant: Poe and Associates Inc. Attest: Secretary (if Corporation) ENGINEERING CONTRACT NO. 1431 — SUPPLEMENT 1 ATTACHMENT B SCOPE OF SERVICES Poe & Associates will perform all engineering and drafting services required to prepare complete detailed construction plans, specifications, and bidding documents for the widening and reconstruction of E 76th Street N, from US 169 to N 129th E Avenue; JP 29326(04), Project Number J2- 9326(005)G. All design will be in English units in accordance with the current 'Oklahoma Department of Transportation (ODOT) Design Manual', 'AASHTO Policy on Geometric Design of Highways and Streets', 'AASHTO LRFD Bridge Design Specifications" including current interims, the 'Manual on Uniform Traffic Control Devices', all applicable ODOT policies and procedures, and City of Owasso standards. Specifically, Amendment #1 services will include the following items: s ENVIRONMENTAL CLEARANCE Poe will provide NEPA studies and documentation as directed by ODOT Environmental Programs Division. • TRAFFIC SIGNAL PLANS The City of Owasso has requested that pedestrian signals be added to the intersection of N 115th E Avenue and N 129th E Avenue. Both intersections have existing signals. Existing plans sheets received from the City of Owasso for the N 115th E Avenue intersection will be utilized in the plan preparation of the additional improvements to this signal. Poe will perform all field surveys required for design of the project as well as all section surreys required for establishing control. Control points will be established for use during construction. Protected vertical and horizontal control points will be established at an interval of approximately 500 feet, and permanent bench marks shall be established within 200 feet of each end of the project. Existing control points will be utilized where possible. Amendment #1 extends the survey east to N 127th E Avenue. M ® ROADWAY PLANS Poe will prepare all roadway and roadway - related plans for E 76th Street N, beginning approximately 130 feet east of the US -169 east frontage road and extending east to approximately 300 feet west of the intersection of N 129th E Ave. as a Five (5) lane facility. The scope does not include any improvements to either the E 76TH Street and US -169 frontage road or the E 76th Street and N 129th E Ave. intersections. The proposed roadway will be a curbed section with storm sewers, and sidewalks. Poe will review the pavement design, based on recommendations in the geotech report and prepare a cost comparison for concrete or asphalt alternatives. Included in the roadway design are grading, drainage, surfacing, signing, striping, and traffic control during construction. The roadway will be open to local traffic during construction. Amendment #1 extends the sidewalk from Station 176 +46.84 to the intersection of N 129th E Avenue. 5 ENGINEERING CONTRACT NO. 1431 — SUPPLEMENT 1 ATTACHMENT D SCHEDULE OF PROGRESSIVE PAYMENTS 1. For the purpose of partial payments as provided in this schedule, these amounts will be used: JP — 29326(04) — East 76th Street N. — US -169 to N. 129th Ave. 1.1. Environmental Services $ 7,185.00 hourly NTE 1.2. Roadway $ 1,735.00 lump sum NTE 1.3. Survey $ 1,680.00 lump sum NTE 1.4. Traffic Study $15,000.00 lump sum NTE CONTRACT TOTAL $25,600.00 NTE 2 ENGINEERING CONTRACT NO. 1431 — SUPPLEMENT ATTACHMENT BASELINE SCHEDULE / COST ESTIMATES PROJECT DEVELOPMENT PROCESS JP — 29326(04) — East 76th Street N. — US -169 to N. 129th Ave. Task Name Milestone Date Comments Preliminary Project Development Phase Submit Ri qht-of-Way & Utility Meeting Plans 01(2016 NEPA Document 0112016 Authorize Right-of-Way and Utilit y Funding 2016 Final Project Development Phase Submit Final Roadway, Bridge, Traffic Plans 2016 Letting Conduct Bid Opening 2016 SUPPLEMENTAL ENGINEERING CONTRACT #1 - FINANCING AGREEMENT BY AND BETWEEN THE CITY OF OWASSO AND THE OKLAHOMA DEPARTMENT OF TRANSPORTATION FOR ENGINEERING SERVICES INVOLVING E 76th Street N, Widening and Reconstruction From US 169 to N 129th E Avenue EC -1431 State Job Number 29326(05) AGREEMENT This agreement, made the day and year last written below, by and between the City of OWASSO, hereinafter referred to as the CITY, and the Department of Transportation of the State of Oklahoma, hereinafter referred to as the DEPARTMENT, is for the following intents and purposes and subject to the following terms and conditions, to wit: WHEREAS, the Board of Directors of the Indian Nations Council of Governments (INCOG) has authorized the City of OWASSO to utilize allocated STP funds toward engineering services for the referenced project; WHEREAS, the CITY requests authorization to supplement the existing federally- funded contract for the described engineering services with POE & ASSOCIATES. INC. WHEREAS, the City is requesting the Department's approval of these additional engineering services, which are outside the scope of the original contract and prior supplemental agreements, and are certified by the City to be consistent with INCOG's authorization. The specifics of the negotiated scope, fee and milestones are detailed within the contract amendment #1 between the City of OWASSO and POE & ASSOCIATES. INC. WHEREAS, the CITY hereby certifies that the engineering services encompassed in this supplemental agreement are consistent with the original advertised solicitation. WHEREAS, the DEPARTMENT is of the opinion that the CITY is capable of administering the described engineering contract in a satisfactory manner; NOW, THEREFORE, it is mutually agreed by the CITY and the DEPARTMENT that: The CITY agrees to provide to the DEPARTMENT a fully executed, negotiated supplemental engineering contract by and between the CITY and the consulting engineer for the described engineering services. Said agreement shall reference all Federal Highway Administration Contract Provisions contained in the original agreement. The CITY certifies that this engineering contract has been executed in full compliance with the City of OWASSO's approved consultant selection procedures. 3. The CITY agrees to administer the execution of the engineering contract, and to submit the necessary certifications and DEPARTMENT claim forms for progress payments as designated within the specific engineering contract. 4. Based on the negotiated contract amendment #1 amount of 20,480, (Twenty-Thousand-Four-Hundred-Eighty): a. The DEPARTMENT, based on authorization from INCOG, agrees to utilize federal STP funds allocated to INCOG to provide 80% of the stated contract price, in the amount of $20,480, (Twenty- Thousand - Four - Hundred - Eighty Dollars). b. The City agrees to provide 20% of the contract price in the amount of 5,120 ( Five - Thousand - One - Hundred - Twenty Dollars), which shall be placed on deposit with the DEPARTMENT upon execution of this agreement. 5. The CITY shall be entirely responsible for the administration and completion of all work associated with this contract, through its consultant. 6. Progress payments will be made to the consultant by the Department, upon receipt of a properly executed ODOT claim form, approved by the CITY, accompanied by suitable evidence of the completion of the work claimed, as detailed in the engineering contract. 7. It is further understood and agreed by the CITY that no STATE funds have been allocated towards this engineering contract. 8. To the extent permitted by the Oklahoma Governmental Tort Claims Act, Title 51 Oklahoma Statutes, Sections 151 at seq. and by Oklahoma Constitution Article 10, Section 26 and as otherwise permitted by law, the City shall indemnify and save harmless the Department, it's officers and employees, and shall process and defend at its own expense all claims, demands, or suits whether in law or equity brought against the City or the Department arising from the City's execution, performance, or failure to perform the provisions of this agreement. Provided, nothing herein shall require the City to reimburse the Department for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Department. When any alleged act, omission, negligence, or misconduct may be subject to the limitations, exemptions, or defenses which may be raised under the Governmental Tort Claims Act, 51 O.S. § 151 at seq., all such limitations, exemptions, and defenses shall be available to and may be asserted by City. No liability shall attach to the Department except as expressly provided herein. 9. The CITY agrees to comply with all provisions of Title VI of the Civil Rights Act of 1964, 78 OS Stat. 252.42, U.S.C. 2000d -et seq., and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, of the Secretary of Transportation, Part 21 - "Nondiscrimination in federally assisted Programs of the Department of Transportation- Effectuation of Title VI of the Civil Rights Act 1964." 2 IN WITNESS WHEREOF, the Director of the Department of Transportation, pursuant to authority vested in him by the State Transportation Commission, has hereunto subscribed his name as Director of the Department of Transportation and the CITY has executed same pursuant to authority prescribed by law. The CITY on this _ day of I , and the DEPARTMENT on the day of APPROVED AS TO FORM AND LEGALITY CITY ATTORNEY APPROVED AS TO FORM AND LEGALITY GENERAL COUNSEL Reviewed and Recommended for Approval: Local Government Division Engineer 3 CITY OF OWASSO MAYOR OF CITY OF OWASSO ATTEST: City Clerk STATE OF OKLAHOMA DEPARTMENT OF TRANSPORTATION DEPUTY DIRECTOR Reviewed and Recommended for Approval: Director of Capital Programs OKLAHOMA DEPARTMENT OF TRANSPORTATION INVOICE Make check PAYABLE and MAIL TO: Oklahoma Department of Transportation Comptroller Division 200 N. E. 21St Street Oklahoma City, OK 73105 -3204 To: CITY OF OWASSO Division Invoice No. 29326(05) -1 P O BOX 180 — 111 NORTH MAIN Division Name: Local Government OWASSO, OK Date: 11/23/15 Use Only with Payment m Project File m Accounting m Acctg- Invoice File $5,120 Invoice Total $5,120 CMPT -1V 6349 11/94 Final Fee Summary Poe & Associates, Inc. Tulsa County EC 1431 76th Street North, Owasso u consu tant (Fee Admin ee Description w/o Admin Fee) (LS) POE Fee Total Fee Poe Roadway Poe Bridge &Retaining Wallis $212,000 $65,000 $212,000 $65,000 Poe Survey $32,000 $32,000 Sub Consultants TEC LSUM Traffic Data & Signal Warrents $14,175 $29,175 $875 Pt $30,050 - Signal Plans - $15,000 r. Red Rock Unit Rate $14,581 $437- ('- " $15,018 Perez Consulting Parcel $12,000 $360 - $12,360 Meshek Consulting LSUM $11,653 $350 °. r .r $12,003 - .u�, Blackshare Hourly $50,000 $1,500 $51,500 ¢ y Total Fee $429,931 Amendment #1 TEC- Pedestrian Signals (2) LSUM $15,000.00, r 3 $15,000.00 Blackshare - additional NEPA Hourly $7,185.33 �gu.. , r $7,185.33 Poe- Survey LSUM $1,680.00 $1,680.00 Poe- Roadway LSUM $1,736.00 $1,736.00 Total Additional Fee Amend #1 $25,601.33 Total Fee After Roundoff Amend #1 $25,600 Total Contract Fee w/ Amend $455,531 nTity Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: H. Dwayne Henderson, P.E. City Engineer SUBJECT: East 76th Street North Roadway Improvements from Highway 169 to North 129th East Avenue - Engineering Services Agreement between City of Owasso /ODOT and Engineer, Resolution 2013 -03 - Engineering Contract Funding Agreement between City of Owasso /ODOT and Invoice for Associated Payment DATE: May 3, 2013 BACKGROUND: The E 7611, St N from U.S. Hwy 169 to N 1291h E Ave, a secondary arterial in Owasso, is heavily used roadway that conveys residential and commercial traffic in the area, as well as commuter traffic to and from Owasso. This roadway accommodates a large percentage of local traffic and is significant in the distribution of traffic to and from the Port of Catoosa. In 2012, the average daily traffic flow was 12,500 vehicles per day. The proposed lane configuration is a 4 -lane roadway section including 2 -lanes in each direction with a turn lane to expedite turning movements into the various subdivisions along the roadway. Additionally, the roadway improvements will include boulevards, bike lanes, sidewalks and stormwater drainage improvements. The anticipated cost for the planning and construction of the proposed roadway improvements is $6.97 million. In July 2010, the City Council approved Resolution No. 2010 -10, submitting an application requesting federal funding assistance through the Surface Transportation Program Urbanized Area for the engineering, utility relocation, and right -of -way acquisition related to the roadway improvements to E 761h St N from HWY 169 to N 129th E Ave. In October 2010, INCOG determined the project as a transportation priority within the metropolitan region and approved the application for federal funding assistance in the amount of $2,090,000. At that time, federal assistance wasn't anticipated to be received until FY 2014, In February 2012, City staff submitted a letter to INCOG requesting a portion of the surplus federal funds be allocated to the engineering phase of E 76 St N from HWY 169 to N 129th E Ave improvements. In April 2012, INCOG Board of Directors approved the federal funds to be received in FY 2012, rather than the original anticipated Fiscal Year 2014. ENGINEER SELECTION PROCESS /ENGINEERING AGREEMENT: In April 2012, ODOT Project Management Division notified the City of Owasso that the engineering solicitation for the project would be included in their July quarterly solicitations. In August 2012, invitations were sent to 25 engineering firms across the state with expertise in transportation design. Owasso Public Works staff, along with ODOT engineers, reviewed 25 qualification statements. In November 2012, ODOT developed a short -list of three (3) firms to interview before final selection was made. These firms were as follows: Poe & Associates, Inc., Tulsa, Oklahoma Crofton Tull and Associates, Inc., Tulsa, Oklahoma SAIC, Tulsa, Oklahoma The interviews were held in January 2013. Final scoring was tabulated by ODOT and the highest scoring firm was Poe & Associates, Inc, Tulsa, Oklahoma. Fee negotiations with Poe & Associates, Inc. occurred in February 2013 and include the following scope of work: • Provide Environmental Clearance Document for NEPA Clearance • Perform Traffic Data And Signal Warrant Study • Provide Traffic Signal Plans, if Warranted by Study • Provide Topographic and Property Surveys • Perform Hydraulic Study for New Bridge East of Cemetery • Design and Prepare Roadway Plans • Provide Structural Engineering for New Bridge • Research and Prepare Right -Of -Way Documents • Utility Coordination and Relocation Plans for Public Utilities • Coordinate Geotechnical Investigations for Pavement Design Section ENGINEERING CONTRACT FUNDING AGREEMENT: ODOT has prepared an Engineering Contract Funding Agreement identifying responsibilities of City of Owasso on this project. Key provisions of this agreement include: • The City agrees to provide to the Department a fully executed, negotiated engineering contract by and between the City and the consulting firm • The City agrees to provide 20% of the base contract price • The City shall be entirely responsible for the administration and completion of all work associated with this contract, through its consultant • The City agrees that it will, by resolution, duly authorize the execution of this Agreement by the proper officials Costs of engineering services are divided, whereby Federal -aid Surface Transportation Program Project will provide 80 %, of the negotiated fee and City of Owasso will be provide the remaining 20 %. The initial negotiation fee proposal, from Poe and Associates, Inc., was $446,000. However, a final fee of $430,000 or 7.8% of the City estimated $5.5 million construction cost for professional services was agreed upon. A percentage of 80% of the fee ($344,000) is being funded by the Federal Highway Administration and 20% ($86,000) by the City of Owasso. FUNDING: Funding of the City's portion of this project is included FY 2012 -2013 Capital Improvements Fund. RECOMMENDATIONS: Item 1: Staff recommends Council approval of the 76th Street North Widening Project Agreement for Engineering Services with Poe and Associates, Inc., Tulsa, Oklahoma, and authorization of the Mayor to execute the agreement. Item 2: Staff recommends Council approval of Resolution No. 2013 -03 and authorization for the Mayor to execute the Engineering Contract Funding Agreement between the Oklahoma Department of Transportation and City of Owasso for the E 761h St N widening engineering services. Item 3: Staff recommends Council approval to authorize payment to ODOT in the amount of $86,000 for the local match requirement of 20% to pay for engineering services. ATTACHMENTS: A. Location Map B. Engineering Solicitation C. Engineering Agreement D. Resolution 2013 -03 E. ODOT /City of Owasso Engineering Contract Funding Agreement F. ODOT Invoice 4 -t X� . ..... �7 ./h z/ L sit 1 q �86 -7T '�F OL LU IL��' F- r F_F'�, 1LIU qj L I-1 F 71L T -At F1 =L, N :A < I _J V I L L - - -.. - Op LH uj Lp HIP 9 Q=7101 F. V r L r 6 E ft� T LL� a L TL T= F7 T-11 TEI —T ffU7 EE E -4 '9 I =Tj I -T L I jj oil, rl th SST 1A -T PROPOSED ROADWAY IMPROVEMENTS CITY OF OWASSO 4111r013 PROJECT LIMITS I I I N. Main Street P.O. Box 180 0 Owasso, OK 74055 F North rms MAVIS V011L IN1 ORNIAI CUN PURI'DSE (-)NI,Y AND IS NOT [N-['('�Nl 1, Jl'-I' N ACCURATIr AND 1'Rt;l1(,'Kl,U,. Ul.l; ()F THIS N) A" Is )l 1 918.376.1500 nTity Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Earl Farris Project Administrator SUBJECT: Acceptance of 2014 -2015 CDBG Sidewalk Project in Rayola Park and Authorization for Final Payment DATE: November 24, 2015 BACKGROUND: Each year, the City of Owasso is eligible for funds through the Community Development Block Grant (CDBG). Funds are to be spent on infrastructure improvements in areas of low -to- moderate incomes. These areas are determined by U.S. census data. In April of 2015, City Council approved a construction contract with J & P Ventures, LLC in the amount of $89,123.96. Work included in the project was new construction or replacement of sidewalks and handicap ramps bringing infrastructure in compliance with Americans with Disabilities Act (ADA). In October 2015, J & P Ventures completed all work. City staff has inspected the improvements and finds that all city standards have been met. FUNDING: Funds are available in the Community Development Block Grant in the amount of $121,207.00 RECOMMENDATION: Staff recommends acceptance of the project and authorization for final payment to J & P Ventures, LLC in the amount of $77,809.14, resulting in a final contract amount of $77,809.14. ATTACHMENTS: Location Map Final Pay Request TOM ri p 4 E 6th(ST -N - — e Fi , - 1 TOM ri p 4 Ei`ff JT t<An T Y 2014 -15 CIDBG SIDE WALKYROJE CT IN RA YOL& PARK - CITY OF OWASSO PAX ESTIMATE N0,E� Q P1;12TOb: CONTRACTOR BID AMOUNT OF ORIGINAL CONTRACT: t' }—C ; Li CONTRACT ADJUSTMENTS; ADJUSTED BID AMOUNT; TOTAL COMPLETE WORtf: MATERIALS STORED (per attached tabula(tau }t �0 LESS 5 %RBTAINAG13: TOTAL EARNED LESS 5% R&''PAWAGE; PERCENTAGE OF PROJECT COMPLETION: LESS PREVIOUS PAYMENTS; AMOUNT DUE THIS ESUMATE: --• $ O.00 . $ T�,(EIXA•ly ov< 1'hc undersigned Contmctorccdlaos Ihut to the hest nrtbe Coatrsiotor's knowlerigo, tnformnlini mid belief the Work covered by this Payureut Estintnte. fins hear vomptoted In accordaneo with eonhaoi 0100111"c"(5, 1110 all ninounts hove been pald by tho Contraotortbr Work which proviom Pnymcut EstlmNas wore Issuod mutpnynlents received from the Owner, and that current payment shuunrhmdn Is now duo. CONTRACTO ProjectProject M Stataof �t�trtiilQCrt�- county ol�V SG .11 5nbsoribod a sworn to Wine me lhts,Adnyof 14OV ,20 I„ Recornmendod for Approved forPaymentbyr City orowasso Dote My Commission Explies:, J 11 -r 11 4- _ AGREEMHNT OS29 00300 - Pago 7 of 13 �✓\es , L lam. CPRTIFICATE FOR PAYMENT In accordance with the contract dommentsi based on on -site olisarvattons and the date comprising the above applicat`ion, tale (`� tyc��y amttfles to the Owner that to the best of the 0 �jyY1�G C (,Y knowledge, information and belief, the Work has progressed as indicated, the quality, of the Work is vi accordance with the Contrast Documents, and the Contractor is ootttled to payment ofthe amount certified, AMOUNT CPRTIFJBD S 7aj �( • 1 y ttaeh explanation if amount certified dif ms from the ahnount applied for,) By: ,Tr'Al'. f¢ ��% G� C- ' ( el'- Date: This coitificate is not negotiable. The AMOUNT CLRTIFD3D is payable only to the eontmator named herein. Issuance, payment and acceptance of payment Is without prejudice to any rights of the Owner or Contractor raider this Contract. AQRSBMBNT 0529 00300 • Pago 8 of 13 - AP Ventures, LLC Application No. Final Contractors Schedule of Values Total to Date Total $89,123.96 $77,809.14 $0.00 Estimated Schedules of Values Quantity Amount of Bid Item Item Description Unit price Quantity Amount Complete Amount Retainaee 1 Type "B" Wheel Chair Ramp, in place $950.00 8 $7,600.00 9 $8,550.00 $0.00 2 New 4" thick sidewalk, in place $43.74 800 $34,992.00 800 $34,992.00 $0.00 3 Remove and replace 4" thick sidewalk and backfill $61.75 60 $3,705.00 60 $3,705.00 $0.00 4 Remove and replace 4" thick sidewalk $53.00 35 $1,855.00 35 $1,855.00 $0.00 6 Remove and replace 6" barrier curb and gutter $45.00 25 $1,125.00 25 $1,125.00 $0.00 7 Erosion Control, in place $6,530.00 1 $6,530.00 1 $6,530.00 $0.00 8 Sod, in place $4.95 3030 $14,998.50 1562.36 $7,733.68 $0.00 9 Project Allowance $5,000.00 1 $5,000.00 - - 10 10" PVC Pope extension, installed $191.66 6 $1,149.96 6 $1,149.96 $0.00 11 Traffic control, in place $2,800.00 1 $2,800.00 1 $2,800.00 $0.00 4.1 Remove and replace 4" thick sidewalk $53.00 95 $5,035.00 95 $5,035.00 $0.00 S.1 Remove and replace 6" thick sidealk $71.00 45 $3,195.OD 45 $3,195.00 $0.00 8.1 Sod $4.95 230 $1,138.50 230 $1,138.50 $0.00 Total $89,123.96 $77,809.14 $0.00 nTity Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Earl Farris Project Administrator SUBJECT: Acceptance of FY 2014 -2015 Street Rehabilitation Project and Authorization for Final Payment DATE: November 24, 2015 BACKGROUND: Included in FY 2015 budget, the Capital improvements Fund allowed for expenditure of $1,000,000 to repair and /or resurface residential and non - residential roadways throughout the City as part of the street rehabilitation program. In March 2015, City Council approved a construction contract with BECCO Construction in the amount of $972,418.50 to perform milling (removal of the top layer of asphalt), base, curb and gutter repair and apply new asphalt pavement. Additionally, cul de sacs in the project were rebuilt using concrete to improve the longevity of these areas. The project included areas in Three Lakes, North Main from 861h to 16th, 121st E Court and 90th St North from 12151 to 123rd E Avenue: In October 2015, BECCO Construction completed all necessary work identified within the construction contract. All work meets standards for acceptance. FUNDING: Funding for this project is included in the Capital Improvements Fund budget RECOMMENDATION: Staff recommends acceptance of the contract work and authorization for final payment to BECCO Construction in the amount of $186,193.79 resulting in a final contract amount of $961,600.76. ATTACHMENTS: Final Pay Request Location Map EXHIBIT "A" STREET REPAIRPROJECT FY 2014 -2015 -CITY OF OWASSO- PAY ESTIMATE N0. 6 FINAL PERIOD: 10/31/2015 CONTRACTORt Becco Contractors, Inc. BID AMOUNT OF ORIGINAL CONTRACT: $ 972,418.50 CONTRACT ADJUSTMENTS $ ADJUSTED BID AMOUNT $ 972,418.50 TOTAL COMPLETE WORK: $ 961,600.76 MATERIALS STORED (per attached tabulation): $ $ 961,600.76 LESS 5% RETAINAGE: $ TOTAL EARNED LESS 5% RETAINAGE: $ 961,600.76 PERCENTAGE OF PROJECT COMPLETION: C- 100.00% LESS PREVIOUS PAYMENTS: $ 775,406-97 AMOUNT DUE THIS ESTIMATE: dV, $ 186,193.79 The undersigned Contractor certifies that to the hest of the Contractor's knowledge, Information and beliefthe Work covered by this Payment Estimate has been completed in accordance with contract documents, that all amounts have been paid by the Contractor for work which previous Payment Estimates were issued slid payments received from the Owner, and that current psymont shmm herein is nowduc. CONTRACTOR NAME: Beecco Contractors, Inc. By: �•�/�1�a # Date: //_ /10 _ /S Office Manager State of (01V- LA "&-lA County of -T_LLLSA Suberibod& worn to before me this,( _day of W✓ 20 J Reco nen d for Payment by: r City o wasso Aproved for Payment by: City of Owasso 0212 Date Date 914006269 7 -/T -Zoo 6 AGREEMENT 00300- Page 7 of 13 CERTIFICATE FOR PAYMENT In accordance with the contract documents, based on on -site observations and the date comprising the above application, the Contractor certifies to the Owner that to the best of the Contractors knowledge, information and belief, the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the amount certified. AMOUNT CERTIFIED $ 186,193.79 BECCO CONTRACTORS, INC. By! ^�c�L Date: This certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the contractor named herein. Issuance, payment and acceptance of payment is without prejudice to any rights of the Owner or Contractor under this Contract. CLAIM OR INVOICE AFFIDAVIT STATE OF OKLAHOMA I I )SS COUNTY OF 1 The undersigned (Architect, Contractor, Supplier, Engineer or Supervisory Official), of.lawful age, being first duly sworn, on oath says that this (Invoice, Claim or Contract) is true and correct. A£fiant further states that the (work, services or materials) as shown by this Invoice or Claim have been (completed or supplied) in accordance with the Plans, Specifications, orders or requests furnished to the Affiant. Affiant further states that (s)he has made no payment, nor given, nor donated, or agreed to pay, give, or donate, either directly or indirectly, to any elected official, officer, or employee of the State, County, or City of money or any other thing of value to obtain payment or the award of this contract. I I Contractor or Supplier jj Subscribed and sworn to before me this /00—� day of a0<5 *Comm, bllo j State of Oklahoma Notary 1 , AARON J WILCOX Commission # Koo(oM TULSA COUNTY COMMISSION #14006289 7 �"'BD'° Ex t). 07-17-20 10 My Commission Expires: i Architect, Engineer or other Supervisory Official Subscribed and sworn to before me this day of Notary Public y I Commission # { My Commission Expires: �I NOTE: Strike out words not appropriate and sign appropriate signature line. Architect, Engineer approval is not required for Contractor or Supplier Affidavit. AGREEMENT 0212 00300 - Page 10 of 13 CITY OF OWASSO PERIODICAL ESTIMATE FOR PARTIAL PAYMENT & F/ ti/A L CONTRACT: 524 FOR PERIOD: 10/01/2015 TO 10/31/2015 INCLUSIVE DESCRIPTION OF CONTRACT: STREET REPAIR FY 2014 -2015 CONTRACT PRICE: $972,418.50 CONTRACTOR: BECCO Contractors, Inc. P.O. Box 9159 ITEM t 2 3 4 5 6 7 8 9 10 11 12 13 14 t5 16 17 16 19 20 21 22 23 24 25 26 27 28 29 30 31 AL32 Tulsa, OK 74157 -0159 Description TY 1 REPAIR TY It REPAIR DOWEL JT CONC SURF R &R6 " CONC C &G R & R CONC GUTTER 2" EDGE MILL (6 ") BUTT MILL (50'XST WIDTH) R & R CONIC DRWY VALLEY GUTTER R & R SIDEWALK NEW CONC SDWLK ADJ VALVES TO GR ADJ MH TO GR CONC HANDICAP RAMP 2" ASPH O/L FULL WIDTH MILL REM ASPH PVT FROM CONC GUTTER 6'X8' STD TRAF BET LOOP TRAF ST 4" PLASTIC YELLOW TRAF ST 4" PLASTIC WH 12" DIAG YELLOW STRIPE PLASTIC 24" WH PLASTIC STOP BAR ARROW WHITE PLASTIC REM C & G AT ISLAND FLOWABLE FILL TRAFCONTROL SOD AT SDWLK & RAMPS BKFILL SDWLK & RAMPS CLEAN ST BEFOR OIL MOBILIZATION PROJ ALLOWANCE 2" ASPH O/L Subtotal for Sheet 1 Sheet 1 of 3 DETAILED ESTIMATE $972,418.50 $961,600.76 Unit Est, Units Total Quant. Unit _....__........_ ..... ...... Cost ......... ......... _. Cost To Date To Date % 1746,00 BY $70.00 $122,150.00 1914.78 $134,034.60 109.7% 418.00 BY $90.00 $37,620.00 367.28 $33,053.40 87.9% 5530,00 BY $32.00 $176,960.00 6332.11 $202,627.52 114.5% 3010.00 LF $29,00 $87,290.00 3552.27 $103,016.83 118.0% 454.00 LF $23.00 $10,442,00 298.91 $6,874.93 65.8% 6716.00 BY $2.00 $13,432.00 6716.00 $13,432.00 100.0% 21.00 EA $400,00 $8,400.00 19.00 $7,600,00 90.5% 826,00 BY $80.00 $66,080.00 1024.54 $81,963.20 124.0% 799.00 LF $80.00 $63,920,00 688.58 $55,084.80 86.2% 46.00 BY $100.00 $4,600.00 12.34 $1,234.00 26.8% 87.00 BY $60.00 $5,220.00 93.16 $5,589,60 107.1% 2,00 EA $200.00 $400.00 3.00 $600.00 150.0% 5,00 EA $800.00 $4,000,00 3.00 $2,400.00 60.0% 10.00 EA $1,500.00 $161000.00 11.00 $16,500.00 110.0% 7665.00 BY $10.00 $78,650.00 7245.35 $72,453.50 92,1% 3365.00 BY $2.00 $6,730.00 3225.69 $6,451,38 95.9% 275.00 LF $29.00 $7,975.00 335.00 $9,716.00 121.8% 2.00 EA $2,500.00 $51000.00 2,00 $5,000.00 100.0% 985.00 LF $2.50 $2,462.50 780.00 $1,950.00 79,2% 192.00 LF $2.50 $480.00 168.00 $420.00 67.5% 60.00 LF $6.60 $330.00 50.00 $330.00 100.0% 13.00 LF $22.00 $286.00 0.00 $0.00 0.0% 2.00 EA $220.00 $440.00 2.00 $440.00 100.0% 90.00 LF $15.00 $1,350.00 90.00 $1,350.00 100.0% 50.00 CY $90,00 $4,500.00 0.00 $0.00 0.0% 1.00 LS 510,000.00 $10,000.00 1.00 $10,000.00 100.0% 233.00 BY $5.00 $1,165,00 233.00 $1,165.00 100.0% 233.00 BY $12.00 $2,796.00 233.00 $2,796.09 100,0% 1.00 LS $6,250.00 $6,250.00 1.00 $6,250,00 100.0% 1.00 LS $68,000,00 $68,000.00 1.00 $66,000.00 100.0% 1.00 LS $50,000.00 $50,000.00 0.00 $0.00 0.0% 11049.00 BY $10.96 $110,490.00 11127.00 $111,270.00 100.7% $972,418.50 $961,600.76 ITEM # Description ... .. .... . Grand Total: - -----................. -- DETAILED ESTIMATE Quant. Unit Sheet 2 of 3 Unit Est. Units Total Cost Cost To Date To Date % $972,418.50 $961,600.76 Sheet 2 of 3 BECCO CONTRACTORS, INC 11/90/2015 Page 1 of 1 ITEM SUMMARY CONTRACT: 624 -CITY OF OWASSO STREET REPAIR FY 2014 -2015 ITEM Estimated Units it Description Unit Quantity To Date % 1 TY 1 REPAIR SY 1745.00 1914.78 109.7% 2 TY II REPAIR SY 418.00 367.26 87.9% 3 DOWEL JT CONC SURF SY 5530.00 6332.11 114.5% 4 R & R 6" CONIC C & G LF 3010.00 3552.27 118.0% 5 R & R CONC GUTTER LF 454.00 298.91 65.8% 6 2" EDGE MILL (6 ") SY 6716.00 6716.00 100.0% 7 BUTT MILL (50'XST WIDTH) EA 21.00 19.00 90.5% 8 R & R CONC DRWY SY 826.00 1024.54 124.0% 9 VALLEY GUTTER LF 799.00 688.56 86.2% 10 R & R SIDEWALK BY 46.00 12.34 26.8% 11 NEW CONC SDWLK SY 87.OD 93.16 107.1% 12 ADJ VALVES TO GR EA 2.00 3.00 150.0% 13 ADJ MH TO GR EA 5.00 3.00 60.0% 14 CONC HANDICAP RAMP EA 10.00 11.00 110.0% 15 2 "ASPH OIL SY 7865.00 7245.35 92.1% 16 FULL WIDTH MILL SY 3365.00 3225.69 95.9% 17 REM ASPH PVT FROM CONC GUTTER LF 275.00 335.00 121.8% 18 6'X6' STD TRAF DET LOOP EA 2.00 2.00 100.0% 19 TRAF ST 4" PLASTIC YELLOW LF 985.00 780.00 79.2% 20 TRAF ST 4" PLASTIC WH LF 192.00 168.00 87.5% 21 12" DIAG YELLOW STRIPE PLASTIC LF 50.00 50.00 100.0% 22 24" WH PLASTIC STOP BAR LF 1100 0.00 0.0% 23 ARROW WHITE PLASTIC EA 2.00 2.00 100.0% 24 REM C & G AT ISLAND LF 90.00 90.00 100.0% 25 FLOWABLE FILL CY 50.00 0.00 0.0% 26 TRAF CONTROL LS 1.00 1.00 100.0% 27 SOD AT SDWLK & RAMPS SY 233.00 233.00 100.0% 28 BKFILL SDWLK & RAMPS SY 233.00 233.00 100.0% 29 CLEAN ST BEFOR OIL LS 1.00 1.00 100.0% 30 MOBILIZATION LS 1.00 1.00 100.0% 31 PROJ ALLOWANCE LS 1.00 0.00 0.0% AL32 2" AS PH OIL SY 11049.00 11127.00 100.7% CERTIFICATION OF CONTRACTOR To the best of my knowledge and belief, I certify that all items, units, quantities, and prices of work and material shown on the face sheet(s) 1 to 2 of this Periodical Estimate are correct, that all work has been performed and materials supplied in full accordance with the terms and conditions of the corresponding construction contract documents between The Owner and BECCO Contractors, Inc., and all authorized changes thereto; that the following Is a true and correct statement of the contract account up to and Including the last day of the period covered by this estimate and that no part of the'Amount Due this Estimate' has been received: (a) Total Amount Earned to Date ............................. $961,600.76 (b) Retainage Percentage ............................. $0.00 (c) Total Earned less Retainage .............................. $961,600.76 (d) Total Previously Paid ............................. $775,406.97 (e) Amount due this Estimate ............................. $186,193.79 1 further certify that all claims outstanding against BECCO Contractors, Inc. for labor, materials, and expendable equipment employed in performance of said contract have been paid In full in accordance with the requirements of said contract, except such outstanding claims as are listed below or on an attached sheet which statement contains all claims against the contractor which are not yet paid Including all disputed claims and any claims of which the contractor has or will assert and defense. vufl (Date) — (By) CERTIFICATION OF THE ENGINEERS We certify that we have verified this Periodical Estimate, and that to the best of our knowledge and belief It is a true and correct statement of work performed and materials supplied by the contractor, and that the contractor's certified statement of his account and the amount due him is correct and just, and that all work and materials Included In this Periodical Estimate have been performed In full accordance with the terms and conditions of the corresponding construction contract and authorized changes thereto. ._._..-- -......_ ._.._.._ ... .... . ........ ........ _ ......... ... --- _.............._.. - -- (Engineer) (Date) (By) (Title) CITY OF OwASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 11114115 Department Payroll Expenses Total Expenses Municipal Court 5,814.97 8,619.53 Managerial 21,266.72 29,884.42 Finance 15,471.12 23,754.38 Human Resources 8,042.36 13,345.14 Community Development 15,653.48 24,852.71 Engineering 17,090.02 25,497.38 Information Systems 14,095.25 21,369.83 Support Services 6,455.42 9,507.88 Cemetery 1,411.08 2,049.44 Police Grant Overtime 3,583.93 3,631.59 Central Dispatch 21,400.55 35,179.86 Animal Control 3,113.38 4,816.29 Emergency Preparedness 1,757.93 2,494.55 Stormwater /ROW Maint. 4,453.89 6,128.16 Park Maintenance 6,152.30 9,638.43 Culture /Recreation 4,955.88 8,125.49 Community- Senior Center 4,170.79 6,737.69 Historical Museum 654.40 734.75 Economic Development 3,367.09 4,405.50 General Fund Total 158,910.56 240,773.02 Garage Fund Total 4,687.59 7,691.36 Ambulance.Fund Total 365.00 409.82 Fire Fund 37 Total 151,486.54 231,219.32 Police Fund 38 Total 126,340.91 197,617.42 Streets Fund 39 Total 8,855.18 15,84111 Stormwater Fund 27 Total Worker's Compensation Total 2,132.16 2,536.05 Strong Neighborhoods Total 3,685.84 5,402.71 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 11/24/15 VENDOR AETNA ADMIN FEES STOP LOSS FEES HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE DENTAL DEPT TOTAL HEALTHCARE SELF INSURANCE FUND TOTAL AMOUNT 12,912.86 46,700.19 59,613.05 4,524.26 4,524.26 64,137.31 0 K L A H 0, hi A SCOTT A. THOMPSON DEPARIMIFIT OF ENYIRONMENTAt OUANIY Executive Director OKLAHOMA DEPARTMENT Of ENVIRONMENTAL QUALITY April 3, 2015 Mr, Roger Stevens, Public Works Director City of Owasso 301 West 2nd Ave Owasso, Oklahoma 74055 Re: Permit No. SL000072150196 Hickory Creek Subdivision, Phase 11 Sanitary Sewer Line Extension Facility No. S -21310 Dear Mr. Stevens: MARY TAILIN Governor Enclosed is Permit No. SL000072150196 for the construction of 844 linear feet of eight (8) inch PVC sanitary sewer line and all appurtenances to serve the Phase 11 of Hickory Creek subdivision, Tulsa County, Oklahoma. The project authorized by this permit should be constructed in accordance with the plans approved by this Department on April 03, 2015. Any deviations from the approved plans and specifications affecting capacity, flow or operation of units must be approved, in writing, by the Department before changes are made. Receipt of this permit should be noted in the minutes of the next regular meeting of the City of Owasso, after which it should be made a matter of permanent record. We are returning one (1) set of the approved plans to you, one (1) set to your engineer and retaining one (1) set for our files. R pectfully, LJ Qusay R.`Kabariti, P.E. Construction Permit Section Water Quality Division QRtV RC /bg Enclosure c: Rick Austin, Regional Manager, DEQ David P. Henke Jr., P.E., Crafton Tull & Associates, Inc 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101 -1677 printed on recycled paper %sth soy Ink 0 T'C L A H O M A pEPARiMENI Or INVIROHMENIAI.00ANIY SCOTT A.Trector N OKLAHOMA DEPARTMENT Of ENVIRONMENTAL QUALITY Executive Director PERMIT TO CONSTRUCT MARY FAILIN Governor PERMIT No. SL000072150196 SEWER LINES FACILITY No. 8- 21310 April 3, 2015 Pursuant to O.S. 27A 2 -6 -304, the City of Owasso is. hereby granted this Tier I Permit to construct 844 linear feet of eight (8) inch PVC sanitary sewer line and all appurtenances to serve Phase II of Hickory Creek subdivision,, located in Section 32, T -21A R -14 -E, Tulsa County, Oklahoma, in accordance with the plans approved April 3, 2015. By acceptance of this permit, the permittee agrees to operate and maintain the facilities in accordance with the "Oklahoma Pollutant Discharge Elimination System Standards - OPDES" (OAC 252:606) rules and to comply with the state certification laws, Title 59, Section 1101 -1116 O.S. and the rules and regulations adopted thereunder regarding the requirements for certified operators: This permit is issued subject to the following provisions and conditions.. 1) That the recipient of the permit is responsible that the project receives supervision and inspection by competent and qualified personnel 2) That construction of all phases of the project will be started within one year of the date of approval or the phases not under construction will be resubmitted for approval as a new project. 3) That no significant information necessary for a proper evaluation of the project has been omitted or no invalid information has been, presented in applying for the permit. 4) That wherever water and sewer lines are constructed with spacing of 10 feet or less, sanitary protection will be provided in accordance with OAC 252,656- 5- 4(c)(3) of the standards for Water Pollution Control Facility Construction. 5) That tests will be conducted as necessary to insure.that the construction of the sewer lines will prevent excessive infiltration and that the leakage will not exceed 10 gallons per inch of pipe diameter per mile per day. 6) That the Oklahoma Department of Environmental Quality shall be kept informed of occurrences which may affect the eventual performance of the works or that will unduly delay the progress of the project. 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101 -1677 printed on recyded paper will, soy Ink ca 0 K r A H 0 M A SCOTT A. THOMPSON 0EPAITMENr Of ENMONMENTAI QUAIIIY Executive Director OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY PERMIT TO CONSTRUCT MARY FALLIN Governor PERMIT No. SL000072150196 SEWER LINES FACILITY No. 8 -21310 7) That the permittee will take steps to assure that the connection of house services to the sewers is done in such a manner that the functioning of the sewers will not be impaired and that earth and ground water will be excluded from the sewers when the connection is completed. 8) That any deviations from approved plans or specifications affecting capacity, flow or operation of units must be approved by the Department before any such deviations are made in the construction of this project. 9) That the recipient of the permit is responsible for the continued operation and maintenance of these facilities in accordance with rules and regulations adopted by the Environmental Quality Board, and that this Department will be notified in writing of any sale or transfer of ownership of these facilities. 10) The issuance of this permit does not relieve the responsible parties of any obligations or liabilities which the permittee may be under pursuant to prior enforcement action taken by the Department. 11) That the permittee is required to inform the developer /builder that a DEQ Storm Water Construction Permit is required for a construction site that will disturb one (1) acre or more in accordance with OPDES, 27A O.S. 2 -6 -201 et. seq. For information or a copy of the GENERAL PERMIT (GP -005) FOR STORM WATER DISCHARGES FROM CONSTRUCTION ACTIVITIES, Notice of Intent (NO]) form, Notice of Termination (NOT) form, or guidance on preparation of a Pollution Prevention Plan, contact the Storm Water Unit of the Water Quality Division at P.O. Box 1677, Oklahoma City, OK 73101 -1677 or by phone at (405) 702 -8100. 12) That all manholes shall be constructed in accordance with the standards for Water Pollution Control Facility Construction (OAC 252:656 -5 -3), as adopted by the Oklahoma Department of Environmental Quality. 13) That when it is impossible to obtain proper horizontal and vertical separation as stipulated in Water Pollution Control Facility Construction OAC 252:656- 5- 4(c)(1) and OAC 252:656- 5- 4(c)(2), respectively, the sewer shall be designed and constructed equal to water pipe, and shall be pressure tested using the ASTM air test procedure with no detectable leakage prior to backfilling, in accordance with the standards for Water Pollution Control Facility Construction OAC 252:656 - 5-4(c)(3). 707 NORTH ROBINSON, P.O. BOX 1677; OKLAHOMA CITY, OKLAHOMA 73101 -1677 printed an recycled paper with say ink �w� eo °p Ivv'If V) i 0 K l A H0 M A OECAnood OF HIVIR0111.411TAl OUAEIIY SCOTT A. THOMPSON Execofive Director OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY PERMIT TO CONSTRUCT MARY FALLIN Governor PERMIT No. SL000072150196 SEWER LINES FACILITY No. S -21310 Failure to appeal the conditions of this permit in writing within 30 days from the date of issue will constitute acceptance of the permit and all conditions and provisions. 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101 -1677 printed on recypletl paperwilh soy Ink Sp� qs l June 1, 2015 Mr. Roger Stevens, Director of Public Works City of Owasso 301 West 2nd Avenue Owasso, Oklahoma 74055 Re: Permit No. WL000072150405 La Quinta Inn & Suites Potable Water Line Extension Facility No. 3007218 Dear Mr. Stevens: MARY FALLIN Governor Enclosed is Permit No. WL000072150405 for the construction of 426 linear feet of eight (8) inch PVC, 130 linear feet of six (6) inch PVC potable water line and all appurtenances to serve the La Quinta Inn & Suites, Tulsa County, Oklahoma. The project authorized by this permit should be constructed in accordance with the plans approved by this Department on June 01, 2015. Any deviations from the approved plans and specifications affecting capacity, flow or operation of units must be approved, in writing, by the Department before changes are made. Receipt of this permit should be noted in the minutes of the next regular meeting of the City of Owasso, after which it should be made a matter of permanent record. We are returning one (1) set of the approved plans to you, one (1) set to your engineer and retaining one (1) set for our files. Ve truly yours, usay R. Kabariti, P.E. Construction Permit Section Water Quality Division QRK/RC /bg Enclosure c: Rick Austin, Regional Manager, DEQ George R Marquez, P.E„ Crafton Tull 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CIA OKLAHOMA 73101 -1677 printed on recycled paper wiih say We e., PERMIT TO CONSTRUCT June 01, 2015 MARY FALLIN Governor Permit No WL000072150405 WATER LINES PWSID No. 3007218 Pursuant to O.S. 27A 2 -6 -304, the City of Owasso is hereby granted this Tier I Permit to construct 426 linear feet of eight (8) inch PVC, 130 linear feet of six (6) inch PVC potable water line and all appurtenances to serve the La Quinta Inn & Suites, located in Section 20, T -21 -N, R -14 -E, Tulsa County, Oklahoma, in accordance with the plans approved June 01, 2015. By acceptance of this permit, the permittee agrees to operate and maintain the facility in accordance with the Public Water Supply Operation rules (OAC 252:631) and to comply with the State Certification laws, Title 59, Section 1101 -1116 O.S. and the rules and regulations adopted thereunder regarding the requirements for certified operators. This permit is issued subject to the following provisions and conditions. 1) 2) 3) 4) 5) That the recipient of the permit is responsible that the project receives supervision and inspection by competent and qualified personnel. That construction of all phases of the project will be started within one year of the date of approval or the phases not under construction will be resubmitted for approval as a new project. That no significant information necessary for a proper evaluation of the project has been omitted or no invalid information has been presented in applying for the permit. That the Oklahoma Department of Environmental Quality shall be kept informed on occurrences which may affect the eventual performance of the works or that will unduly delay the progress of the project. That wherever water and sewer lines are constructed with spacing of 10 feet or less, sanitary protection will be provided in accordance with Public Water Supply Construction Standards [OAC 252:626- 19 -21. 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101 -1677 printed on recycled paper wilh soy Ink ao 6e< WATER LINES PWSID No. 3007218 PERMIT TO CONSTRUCT 6) That before placing this facility into service, at least two samples of the water, taken on different days, shall be tested for bacteria to show that it is safe for drinking purposes. 7) That any deviations from approved plans or specifications affecting capacity, flow or operation of units must be approved by the Department before any such deviations are made in the construction of this project. 8) That the recipient of the permit is responsible for the continued operation and maintenance of these facilities in accordance with rules and regulations adopted by the Environmental Quality Board, and that this Department will be notified in writing of any sale or transfer of ownership of these facilities. 9) The issuance of this permit does not relieve the responsible parties of any obligations or liabilities which the permittee may be under pursuant to prior enforcement action taken by the Department. 10) That the permittee is required to inform the developer /builder that a DEQ Storm Water Construction Permit is required for a construction site that will disturb one (1) acre or more in accordance with OPDES, 27A O.S. Section 2 -6 -201 et. seq. For information or a copy of the GENERAL PERMIT (GP -005) FOR STORM WATER DISCHARGES FROM CONSTRUCTION ACTIVITIES, Notice of Intent (NOI) form, Notice of Termination (NOT) form, or guidance on preparation of a Pollution Prevention Plan, contact the Storm Water Unit of the Water Quality Division at P.O. Box 1677, Oklahoma City, OK 73101 -1677 or by phone at (405) 702 -8100. 11) That any notations or changes recorded on the official set of plans and specifications in the Oklahoma Department of Environmental Quality files shall be part of the plans as approved. 12) That water lines shall be located at least fifteen (15) feet from all parts of septic tanks and absorption fields, or other sewage treatment and disposal systems. 13) That whenever plastic pipe is approved and used for potable water, it shall bear the seal of the National Sanitation Foundation and meet the appropriate commercial standards. 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA (ITY, OKLAHOMA 73101 -1677 pdnled on recycled paperwllh say Ink 1. °a WATER LINES PWSID No. 3007218 PERMIT TO CONSTRUCT 14) That when it is impossible to obtain proper horizontal and vertical separation as stipulated in Public Water Supply Construction Standards OAC 252:626- 19- 2(8)(A) and OAC 252:626-19 - 2(8)(B), respectively, the sewer shall be designed and constructed equal to water pipe, and shall be pressure tested to the highest pressure obtainable under the most severe head conditions of the collection system prior to backfilling in accordance with Water Pollution Construction Standard OAC 252:656- 5- 4(c)(3). Failure to appeal the conditions of this permit in writing within 30 days from the date of issue will constitute acceptance of the permit and all conditions and provisions. Quality Division 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101 -1677 printed on recycled paperwilh soy Ink 0 gy,