HomeMy WebLinkAbout2016.12.06_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 6, 2016 - 6:30 pm
1. Call to Order
Mayor Lyndell Dunn
2. Invocation
Pastor Bruce McCarty of Owasso First Assembly
3. Flag Salute
4. Roll Call
5. Presentation of the Character Trait of Generosity
Kathy Curtis, Character Council Member
RECEWEO
11C 0 ` 1016
Office
6. Consideration and appropriate action relating to a request for approval of the Consent
Agenda. (Ail 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 15, 2016, Regular Meeting
B. Approve claims
C. Accept the Justice Assistance Grant, authorize the execution of award
documents, and approve a budget amendment in the General Fund, increasing
the estimated revenue and increasing the appropriation for expenditures by
$7,300 in the Police department
D. Approve Capital Improvement Agreements with the Board of County
Commissioners of Tulsa County relating to the Vision Authority Resolution for the
disbursement of Excess Vision 2025 Sales Tax and authorize the Mayor to execute
the following agreements:
• 76 St N & Main Improvement Project- Amended
• Heart Healthy 5K Trail Project- Amended
• Expansion of Rayola Splash Pad Project- Amended
• Event Facilities - Sports Park Project If 1 (4 -Plex Lighting) - Amended
• Event Facilities - Sports Park Project #2 (Parking Lot Improvements)
• Sports Complex Feature Splash Pad Project
• Dog Park Project
7. Consideration and appropriate action relating to items removed from the Consent Agenda
8. Consideration and appropriate action relating to a donation and a budget amendment
Scott Chambless
Staff recommends acceptance of the donation from Owasso First Assembly and approval of
a budget amendment in the Police Department, Half -Penny Sales Tax Fund, increasing the
estimated revenue and the appropriation for expenditures by $2,600.
Owasso City Council
December 6, 2016
Page 2
PUBLIC HEARING
9. The City Council will conduct a public hearing for the purpose of providing information,
including an analysis of potential positive or negative impacts, and answering questions
regarding the proposed Owasso Redbud District Project Plan and Increment District No. 1,
City of Owasso
Bronce Stephenson
Emily Pomeroy, Center for Economic Development Law
10. Announcement of Public Hearing - December 20, 2016, is the date of the second public
hearing for the purpose of giving members of the public an opportunity to be heard prior to
any vote on the proposed Owasso Redbud District Project Plan, including Increment District
No. 1, City of Owasso
Mayor Dunn
11. Consideration and appropriate action relating to an agreement for design and construction
administration for the Owasso Police Headquarters renovation project
Jason Woodruff
Staff recommends approval of an architectural and engineering agreement with Police
Facility Design Group of Kansas City, Missouri, for the Owasso Police Headquarters renovation
project in an amount not to exceed $230,570.24 plus reimbursable expenses not to exceed
$20,190.00 and authorization for the City Manager to execute the agreement.
12. Consideration and appropriate action relating to Ordinance 1091, closing to the public use a
utility easement located at 11503 E 76 St N (Broum's ice Cream & Dairy Store #156)
Karl Fritschen
Staff recommends approval of Ordinance 1091.
13. Consideration and appropriate action relating to Ordinance 1092, closing to the public use a
sanitary sewer easement located near 12805 E 67 St N (Hickory Creek II)
Karl Fritschen
Staff recommends approval of Ordinance 1092.
14. Consideration and appropriate action relating to budget amendments in the General fund
and Vision Tax Fund
Linda Jones
Staff recommends approval of a budget amendment in the General Fund increasing the
estimated revenues (transfers in) and increasing the appropriation for expenditures (transfers
out) in the amount of $407,400 and a budget amendment in the Vision Tax Fund increasing
the estimated revenues (transfers in) and increasing the appropriation for expenditures
(transfers out) in the amount of $407,400.
15. Consideration and appropriate action relating to an agreement for engineering services for
the E 116 St N Roadway improvements (Mingo Rd to Garnett Rd)
Roger Stevens
Staff recommends approval of an Agreement for Engineering Services with Garver, LLC of
Tulsa, Oklahoma in the amount of $359,200 and authorization for the Mayor to execute the
agreement.
Owasso City Council
December 6, 2016
Page 3
16. Consideration and appropriate action relating to Resolution 2016 -23, amending the list of
Capital Improvement Projects eligible for funding from the Capital Improvements fund to
include E 106 St N and N 129 E Ave Intersection Improvements
Teresa Willson
Staff recommends approval of Resolution 2016 -23.
17. Consideration and appropriate action relating to Resolution 2016 -24, authorizing the filing
and prosecution of a condemnation action to obtain the property located at 120 E 2nd St,
Owasso, Oklahoma from the property owner, Ron Detherow
Julie Lombardi
Staff recommends approval of Resolution 2016 -24,
18. Report from City Manager
• Monthly Public Works Project Status Report
19. Report from City Attorney
20. Report from City Councilors
21. Official Notices to Council (documents for acknowledgment or information only, no
discussion or action will be taken)
• Payroll Payment Reports - Pay Period Ending Dates 1 1 /12/16 and 11 /26/16
• Health Care Self- Insurance Claims- dated as of 12/l/16
22. New Business (New Business Is any item of business which could not have been foreseen at
the time of posting of the agenda)
23. Adjournment
Notice of Public Meeting filed in the office of the City Clerk and the Agenda posted at City Hall,
200 S Main St, at 6:00 pm on Friday, December 2, 2016.
-
Sherry • e'rC Clerk
OWASSO CITY COUNCIL
MINUTES OF REGULAR MEETING
Tuesday, November 15, 2016
The Owasso City Council met in regular session on Tuesday, November 15, 2016, 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 at City Hall, 200 S Main St, at 6:00 pm on
Friday, November 11, 2016.
1. Call to Order
Mayor Lyndell Dunn called the meeting to order at 6:30 pm.
2. Invocation
The invocation was offered by Pastor Bill Ascol of Bethel Baptist Church.
3. Flag Salute
Vice -Mayor Kelley led the flag salute.
4. Roll Call
Present
Mayor- Lyndell Dunn
Vice -Mayor - Chris Kelley
Councilor - Doug Bonebrake
Councilor- Bill Bush
A quorum was declared present.
Staff:
City Manager - Warren Lehr
City Attorney - Julie Lombardi
Absent
Councilor - Jeri Moberly
5. Presentation of Proclamations
Mayor Dunn presented:
• a proclamation declaring Saturday, November 19, 2016, as Owasso Christmas
Tree & Berry Farm Day in the City of Owasso, and
• a proclamation declaring Saturday, November 26, 2016, as Shop Small Saturday
Day in the City of Owasso.
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 1, 2016, Regular Meeting
• November 8, 2016, Regular Meeting
B. Approve claims
C. Accept infrastructure improvements at Braum's # 156 (1 1503 E 76 St N)
D. Approve the correction to the scrivener's error for Lots 30 and 39 in Block 2, and Lot
1 in Block 7 on the Final Plat for Lake Valley V, Phase 3, correcting the notation for
the side yard setback to read 15' BL & UE (building line & utility easement) and
authorize the Mayor to execute the Certificate of Corrected Plat Approval
Owosso City Council
November 15, 2016
Page 2
Mr. Bonebrake moved, seconded by Dr. Kelley to approve the Consent Agenda with
claims totaling $799,419.16.
YEA: Bonebrake, Bush, Kelley, Dunn
NAY: None
Motion carried: 4 -0
Consideration and appropriate action relating to items removed from the Consent Agenda
None
PUBLIC HEARING
8. The City Council will conduct a public hearing for the purpose of receiving citizen input
relating to amending the list of Capital Improvement Projects eligible for funding from the
Capital Improvements Fund to include E 106 St N and N 129 E Ave intersection
Teresa Willson along with Dwayne Henderson presented the item. The Mayor opened the
Public Hearing for comment. One person offered input.
9. Consideration and appropriate action relating to Ordinance 1087 Nunc Pro Tunc, an
ordinance relating to the City of Owasso zoning code as codified in the Owasso Code of
Ordinances, Part 12, Planning, Zoning and Development, Chapter 2, Zoning Regulations,
amending Sub - Chapter 4, Residential District Provisions and Sub - Chapter 14, Definitions, and
declaring an emergency and authorizing the emergency ordinance to become effective
upon the date of approval by the City Council and repealing all ordinances or parts of
ordinances in conflict herewith
Bronce Stephenson presented the item recommending approval of Ordinance 1087 Nunc
Pro Tunc.
There were no comments from the audience. After discussion, Mr. Bush moved, seconded
by Dr. Kelley to approve Ordinance 1087 Nunc Pro Tunc, as recommended.
YEA: Bonebrake, Bush, Kelley, Dunn
NAY: None
Motion carried: 4 -0
Staff further recommends approval of the attachment of an emergency clause making the
Ordinance effective immediately.
There were no comments from the audience. After discussion, Mr. Bush moved, seconded
by Mr. Bonebrake to approve the attachment of an emergency clause making the
Ordinance effective immediately, as recommended.
YEA: Bonebrake, Bush, Kelley, Dunn
NAY: None
Motion carried: 4 -0
10. Consideration and appropriate action relating to Ordinance 1088, approving Planned Unit
Development application PUD -16 -05 and Zoning application OZ 16 -08 for The Reunion Senior
Housing located at 11900 block of E 98 St N behind the Owasso Market
Bronce Stephenson presented the item recommending approval of Ordinance 1088,
rezoning the subject property from AG (Agriculture) to RM /PUD (Residential Multi - Family with
a PUD overlay).
One person made comments from the audience. After discussion, Dr. Kelley moved,
seconded by Mr. Bonebrake to approve Ordinance 1088, as recommended.
YEA: Bonebrake, Bush, Kelley, Dunn
NAY: None
Motion carried: 4 -0
Owasso City Council
November 15, 2016
Page 3
11. Consideration and appropriate action relating to Ordinance 1089, approving Planned Unit
Development application PUD -16 -06 and Zoning application OZ 16 -09 for Mallard Crossing
located on the west side of N 145 E Ave approximately 500 feet north of E 106 St N
Karl Fritschen presented the item recommending approval of Ordinance 1089, rezoning the
subject property from AG (Agriculture) to RNX /PUD (Residential Neighborhood Mixed with a
PUD overlay).
Two people made comments from the audience. After discussion, Mr. Bush moved,
seconded by Mr. Bonebrake to approve Ordinance 1089, as recommended.
YEA: Bonebrake, Bush, Kelley, Dunn
NAY: None
Motion carried: 4 -0
12. Consideration and appropriate action relating to Ordinance 1090, approving Rezoning
application OZ- 16 -10, for property located east of the intersection of E 114 St N and N Garnett
Rd
Bronce Stephenson presented the item recommending approval of Ordinance 1090,
rezoning the subject property from AG (Agriculture) to CS (Commercial Shopping).
There were no comments from the audience. After discussion, Dr. Kelley moved, seconded
by Mr. Bonebrake to approve Ordinance 1090, as recommended.
YEA: Bonebrake, Bush, Kelley, Dunn
NAY: None
Motion carried: 4 -0
13. Consideration and appropriate action relating to the final plat for FBC Owasso Mission
located east of the intersection of E 114 St N and N Garnett Rd
Bronce Stephenson presented the item recommended approval of the Final Plat for FBC
Owasso Mission.
There were no comments from the audience. After discussion, Mr. Bonebrake moved,
seconded by Mr. Bush to approve the Final Plat of FBC Owasso Mission.
YEA: Bonebrake, Bush, Kelley, Dunn
NAY: None
Motion carried: 4 -0
14. Consideration and appropriate action relating to the final plat for Abbott Farms I located east
of the northeast corner of E 106 St N and N Mingo Rd and lies between the Owasso Sports
Park and railroad tracks
Karl Fritschen presented the item recommending approval of the Final Plat for Abbott Farms
I.
There were no comments from the audience. After discussion, Mr. Bush moved, seconded
by Mr. Bonebrake to approve the Final Plat of Abbott Farms i, as recommended.
YEA: Bonebrake, Bush, Kelley, Dunn
NAY: None
Motion carried: 4 -0
Owasso City Council
November 15, 2016
Page 4
15. Consideration and appropriate action relating to Resolution 2016 -22, Adopting the GrOwasso
2030 Land Use Master Plan, Revised November 15, 2016
Bronce Stephenson presented the item recommending approval of Resolution 2016 -22.
There were no comments from the audience. After discussion, Mr. Bonebrake moved,
seconded by Dr. Kelley to approve Resolution 2016 -22, as recommended.
YEA: Bonebrake, Bush, Kelley, Dunn
NAY: None
Motion carried: 4 -0
16. Consideration and appropriate action relating to a budget amendment
Bronce Stephenson presented the item recommending approval of a budget amendment
in the General Fund, increasing the appropriation for expenditures by $12,000 in the
Community Development department.
There were no comments from the audience. After discussion, Mr. Bonebrake moved,
seconded by Mr. Bush to approve the budget amendment to increase the appropriation for
expenditures, as recommended.
YEA: Bonebrake, Bush, Kelley, Dunn
NAY: None
Motion carried: 4 -0
17. Consideration and appropriate action relating to final payment for PY 2015 -16 Community
Development Block Grant (CDBG) Sidewalk Project on 127 E Ave
Earl Farris presented the item recommending acceptance of the project and authorization
for final payment in the amount of $40,455.53 to Magnum Construction, Inc.
There were no comments from the audience. After discussion, Mr. Bush moved, seconded
by Dr. Kelley to accept the project and authorize final payment, as recommended.
YEA: Bonebrake, Bush, Kelley, Dunn
NAY: None
Motion carried: 4 -0
18. Consideration and appropriate action relating to the Agreement for surveying services - E
116 St N, Mingo Rd to US Hwy 169 Roadway Widening Project
Dwayne Henderson presented the item recommending approval of an agreement with
Benchmark Surveying of Owasso, OK for the surveying services in the amount of $48,200 and
authorization for the Mayor to execute the agreement.
There were no comments from the audience. After discussion, Mr. Bonebrake moved,
seconded by Mr. Bush to approve the agreement in the amount of $48,200 with Benchmark
Surveying and authorize the Mayor to execute the agreement, as recommended.
YEA: Bonebrake, Bush, Kelley, Dunn
NAY: None
Motion carried: 4 -0
19. Consideration and appropriate action relating to a bid for the Barrington Point Entrance Ice
Melt System (E 89 St N at N 129 E Ave)
Dwayne Henderson presented the item recommending rejection of all bids.
There were no comments from the audience. After discussion, Mr. Bush moved, seconded
by Mr. Bonebrake to reject all bids, as recommended.
YEA: Bonebrake, Bush, Kelley, Dunn
NAY: None
Motion carried: 4 -0
Owasso City Council
November 15, 2016
Page 5
20. Report from City Manager
Mr. Lehr recognized the Rogers County Commission #2 Elect, Steve Hendrix, acknowledged
recent city events, announced the upcoming Open House at City Hall on Friday, November
18, 2016, 4:00 -6:00 pm, and invited all to attend.
21. Report from City Attorney
None
22. Report from City Councilors
Councilors commented on recent and upcoming community events.
23. Official Notices to Council (documents for acknowledgment or information only, no
discussion or action will be taken)
Payroll Payment Report - Pay Period Ending Date 10/29/16
Health Care Self- Insurance Claims - dated as of 11 /10 /16
Monthly Budget Status Report - October 2016
24. New Business (New Business is any item of business which could not have been foreseen at
the time of posting of the agenda)
None
25. Adjournment
Mr. Bush moved, seconded by Mr. Bonebrake to adjourn the meeting.
YEA: Bonebrake, Bush, Kelley, Dunn
NAY: None
Motion carried 4 -0 and the meeting adjourned at 8:11 pm.
Lyndell Dunn, Mayor
Lisa Wilson, Minute Clerk
Claims List
12/06/2016
Budget Unit Title
Vendor Name
Payable Description
PaymentAmount
GENERAL
TREASURER PETTY CASH
CC REFUND /KITCH
50.00
TREASURER PETTY CASH
CC REFUNDIFARRIS
50.00
TREASURER PETTY CASH
CC REFUND /HESS
50.00
TREASURER PETTY CASH
CC REFUND/TRIPLETT
50.00
TREASURER PETTY CASH
CC REFUND /MEDICAP
50.00
TREASURER PETTY CASH
CC REFUNDICLEARY
90.00
TREASURER PETTY CASH
CC REFUND /CROSS
50.00
TREASURER PETTY CASH
CC REFUND /REED
50.00
TREASURER PETTY CASH
CC REFUND /GREADY
50.00
TOTAL GENERAL
490.00
MUNICIPAL COURT
OKLAHOMA MUNICIPAL COURT CLERKS
DISTRICT 2 WORKSHOP
100.00
JPMORGAN CHASE BANK
ADMIRAL EXPRESS -TONER
83.69
OKLAHOMA MUNICIPAL COURT CLERKS
MEMBERSHIP DUES
110.00
JPMORGAN CHASE BANK
EASYCANVAS -CH DECOR
86.06
TOTAL MUNICIPAL COURT
379.75
MANAGERIAL
JPMORGAN CHASE BANK
COUNCIL RELATIONS
32.20
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
8.85
JPMORGAN CHASE BANK
MEETING EXPENSE
26.87
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
6.36
JPMORGAN CHASE BANK
EMPLOYEE APPRECIATION
70,74
JPMORGAN CHASE BANK
HOBBY LOBBY- REPLACE FRAME
11.99
JPMORGAN CHASE BANK
HOBBY LOBBY- REPLACE FRAME
80.43
JPMORGAN CHASE BANK
HOBBY LOBBY - REPLACE FRAME
10.99
JPMORGAN CHASE BANK
HOBBY LOBBY- REPLACE FRAME
31.96
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
829
JPMORGAN CHASE BANK
HOBBY LOBBY- SUPPLIES
5.97
OWASSO CHARACTER COUNCIL, INC
CHARACTER LUNCHEON
160.00
A STITCH OF ART LLC
EMPLOYEE RECOGNITION
228.00
JPMORGAN CHASE BANK
EASYCANVAS -DECOR
215.40
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
56.69
JPMORGAN CHASE BANK
CHAMBER - REGISTRATION FEE
35.00
JPMORGAN CHASE BANK
COUNCIL RELATIONS
18.61
JPMORGAN CHASE BANK
EMPLOYEE APPRECIATION
59.44
JPMORGAN CHASE BANK
OFFICE EVERYTHING - SUPPLIE
86.04
JPMORGAN CHASE BANK
COMMUNITY RELATIONS
25.78
JPMORGAN CHASE BANK
HOBBY LOBBY - SUPPLIES
29.95
JPMORGAN CHASE BANK
SAMS - SUPPLIES
62.18
JPMORGAN CHASE BANK
TRAVEL EXPENSE
42.94
JPMORGAN CHASE BANK
MEETING EXPENSE
18.53
JPMORGAN CHASE BANK
PIKEPASS -FEE
3,40
TREASURER PETTY CASH
PASTOR MEETING EXPENSE
12.00
JPMORGAN CHASE BANK
EMPLOYEE APPRECIATION
44.58
Page 1
Claims List
12/06/2016
Budget Unit Title
Vendor Name
Payable Description jPaymentAmount
TOTAL MANAGERIAL
1,393.19
FINANCE
TREASURER PETTY CASH
SUPPLIES
80.52
RSM US LLP
PROFESSIONAL FEES -AUDIT
13,000.00
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
4.49
HAWKINS DELAFIELD & WOOD LLP
ARBITRAGE CALCULATION
31500.00
L & M OFFICE FURNITURE, INC
FURNITURE REQUESTS
1,658.00
OWASSO CHARACTER COUNCIL, INC
CHARACTER LUNCHEON
80.00
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
27.89
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
49,99
JPMORGAN CHASE BANK
1OFFICE DEPOT- SUPPLIES
51.46
TOTAL FINANCE
18,452.35
HUMAN RESOURCES
JPMORGAN CHASE BANK
AMAZON- VARIDESK
890.00
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
91.98
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
3.29
OWASSO CHARACTER COUNCIL, INC
CHARACTER LUNCHEON
160.00
COMMUNITYCARE EAP
EMPLOYEE ASSISTANCE PROGR
248.00
JPMORGAN CHASE BANK
VETERANS DAYAPPRECIATION
287.95
JPMORGAN CHASE BANK
ARBITRATION PREP EXPENSE
46.27
JPMORGAN CHASE BANK
ARBITRATION PREP EXPENSE
28,17
JPMORGAN CHASE BANK
ARBITRATION PREP EXPENSE
46.97
JPMORGAN CHASE BANK
ARBITRATION PREP EXPENSE
47.55
JPMORGAN CHASE BANK
CHARACTER FIRST - BULLETINS
648.00
JPMORGAN CHASE BANK
CHARACTER FIRST - BULLETINS
648.00
L & M OFFICE FURNITURE, INC
FURNITURE REQUESTS
1,039.00
LEAD SELF LEAD OTHERS, LLC
CM COACHING
500.00
GREENWOOD PERFORMANCE SYSTEMS INC
ACM COACHING
250.00
JPMORGAN CHASE BANK
ADMIRAL EXPRESS - SUPPLIES
29.99
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
18,99
JPMORGAN CHASE BANK
SAMS- SUPPLIES
35.88
JPMORGAN CHASE BANK
LODGING EXPENSE
245.78
JPMORGAN CHASE BANK
ITRAVELEXPENSE
8.00
TOTAL HUMAN RESOURCES
5,273.82
CHARACTER SCHOOLS JJPMOMAN CHASE BANK CHARACTER - SCHOOL INITIATI 129.00
TOTAL CHARACTER SCHOOLS '
129.00
GENERAL GOVERNMENT
CINTAS CORPORATION
CARPET CLEANING
63.80
CINTAS CORPORATION
CARPET CLEANING
64.10
RICOH USA, INC
COPIER RENTAL
209.46
RICOH USA, INC
COPIER RENTAL
209.46
RICOH USA, INC
COPIER RENTAL
209.46
Page 2
Claims List
12/06/2016
Budget Unit Title
Vendor Name
Payable Description
PaymentAmount
GENERAL GOVERNMENT...
RICOHUSA, INC.
COPIER USE AND SUPPLIES
694.39
DRAKE SYSTEMS INC
COPY SUPPLIES
412.53
IMPERIAL LLC
COFFEE SERVICE
120.75
TULSA COUNTY CLERK
FILING FEES
15.00
DAVID L. WEATHERFORD
GENERAL MATTERS
36.00
WALTON PROPERTY SERVICES LLC
PROPERTY APPRAISAL
1,500.00
WALTON PROPERTY SERVICES LLC
PROPERTY APPRAISAL
1,500.00
MAILROOM FINANCE INC
POSTAGE
1,000.00
TREASURER PETTY CASH
FILING FEE
15.00
JPMORGAN CHASE BANK
ADMIRAL EXPRESS - SUPPLIES
29.99
AEP /PSO
ELECTRIC USE
3,043.80
JPMORGAN CHASE BANK
ADMIRAL EXPRESS - SUPPLIES
119.96
JPMORGAN CHASE BANK JAMER
WASTE - REFUSE SERVICE
81.32
TOTAL GENERAL GOVERNMENT 9,325.02
COMMUNITY DEVELOPMENT
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
8.75
JPMORGAN CHASE BANK
SAV -ON- BUSINESS CARDS
20.00
JPMORGAN CHASE BANK
OFFICE DEPOT- RETURN
-8.69
TULSA COUNTY CLERK
FILING FEES
147.00
L & M OFFICE FURNITURE, INC
FURNITURE REQUESTS
1,129.00
KENNETH LIVINGSTON
CODE ENFORCEMENT MOWING
250.00
FELKINS ENTERPRISES, LLC
APPROVAL STICKERS
150.00
OWASSO CHARACTER COUNCIL, INC
CHARACTER LUNCHEON
200.00
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
8.69
JPMORGAN CHASE BANK
HOBBY LOBBY -MAP FRAMES
275.67
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
30.99
JPMORGAN CHASE BANK
BUILDERS BOOK INC -BOOKS
155.15
TOTAL COMMUNITY DEVELOPMENT 2,366.56
TIF BENCHMARK SURVEYING & LAND SERVICES TIF LEGAL FEE 275.00
TOTAL TIF
275.00
ENGINEERING UNITED STATES CELLULAR CORPORATION P CELL PHONES 56.56
UNIFIRST HOLDINGS LP UNIFORM CLEANING 17.71
UNIFIRST HOLDINGS LP UNIFORM CLEANING 17.71
TOTAL ENGINEERING
91.98
INFORMATION TECHNOLOGY
OWASSO CHARACTER COUNCIL, INC
CHARACTER LUNCHEON
80.00
L & M OFFICE FURNITURE, INC
FURNITURE REQUESTS
618.00
PRESIDIO NETWORKED SOLUTIONS, INC
CISCO FIREWALL RENEWAL
3,257.00
SHI INTERNATIONAL CORP
SERVER LICENSES
1,799.00
SUNGARD PUBLIC SECTOR INC.
SUNGARD TRAINING
960.00
JPMORGAN CHASE BANK
LOWES- FURNITURE
72.06
Page 3
Claims List
12/06/2016
Budget Unit Title
Vendor Name
Payable Description
PaymentAmount
INFORMATION TECHNOLOGY
JPMORGAN CHASE BANK
AMAZON -TONER
137.41
JPMORGAN CHASE BANK
NETWORK SOL- DOMAIN RENEW
39.99
JPMORGAN CHASE BANK
COX - INTERNET SERVICE
1,377.72
JPMORGAN CHASE BANK
OWASSO CHAMBER - LUNCHEON
40.00
JPMORGAN CHASE BANK
DELL - REFUND
- 331.81
TOTAL INFORMATION TECHNOLOGY
8,049.37
SUPPORT SERVICES
JPMORGAN CHASE BANK
OREILLYSUPPLIES
12.98
JPMORGAN CHASE BANK
OFFICE DEPOT- SUPPLIES
2.58
JPMORGAN CHASE BANK
LOWES- BOARDS
58.92
JPMORGAN CHASE BANK
SAMSCLUB- SUPPLIES
9,18
JPMORGAN CHASE BANK
ALARM BILLING- MONITORING
90.00
JPMORGAN CHASE BANK
LOWES -FLOOR CLEANER
28.44
JPMORGAN CHASE BANK
SAMS -CARD RENEWAL
45.00
JPMORGAN CHASE BANK
SAMSCLUB- GLOVES
39.96
JPMORGAN CHASE BANK
FASTENAL - BATTERIES
13.61
JPMORGAN CHASE BANK
LOWESSUPPLIES
40.92
JPMORGAN CHASE BANK
LOWES -RAMP ENDS
19.98
JPMORGAN CHASE BANK
COX - INTERNET SERVICE
69.95
JPMORGAN CHASE BANK
LIBERTY FLAGS -FLAGS
156.45
JPMORGAN CHASE BANK
LOCKE - SWITCHES /RECEPTACLE
11.38
JPMORGAN CHASE BANK
BEST BUY -CABLE FOR OC
83.98
JPMORGAN CHASE BANK
SAMSCLUB- SUPPLIES
277.63
OWASSO CHARACTER COUNCIL, INC
CHARACTER LUNCHEON
40.00
UNIFIRST HOLDINGS LP
UNIFORM RENTAL FEES
13.27
UNIFIRST HOLDINGS LP
UNIFORM RENTAL FEES
13.27
UNDER PRESSURE INC
PRESSURE WASHING
1,364.25
JPMORGAN CHASE BANK
AMAZON -PC CABLES /ADAPTERS
37.45
TOTAL SUPPORT SERVICES
2,429.20
CEMETERY
UNIFIRST HOLDINGS LP
UNIFORM CLEANING
7,41
UNIFIRST HOLDINGS LP
UNIFORM CLEANING
7.41
UNIFIRST HOLDINGS LP
UNIFORM CLEANING
47.60
SPOK, INC.
PAGER USE
8,88
JPMORGAN CHASE BANK
HOLDERS -PW KEY
12.50
JPMORGAN CHASE BANK
REMCO- CEMETERY PROBE
160.24
AEP/PSO
ELECTRIC USE
28.43
TOTAL CEMETERY
272.47
POLICE SERVICES J=ASSO CHARACTER COUNCIL, INC ICHARACTER LUNCHEON 80.00
TOTAL POLICE SERVICES
80.00
POLICE - DOJ VEST GRANT
JPMORGAN CHASE BANK SPECIAL OPS- VEST /LEHNER
348.25
Page 4
Claims List
12/06/2016
Budget Unit Title I
Vendor Name
Payable Description jPaymeniAmount
TOTAL POLICE - DOJ VEST GRANT
348.25
POLICE COMMUNICATIONS
JPMORGAN CHASE BANK
SAMSCLUB- SUPPLIES
19.86
JPMORGAN CHASE BANK
WALMART- PRISONER BOARD
15232
JPMORGAN CHASE BANK
$O RUBBER - NOTARY STAMP
47.90
JPMORGAN CHASE BANK
WALMART - PRISONER BOARD
41.83
TREASURER PETTY CASH
NOTARY RENEWAL
20.00
AEP /PSO
ELECTRIC USE
298.47
JPMORGAN CHASE BANK
WALMART- PRISONER BOARD
167.40
JPMORGAN CHASE BANK
SO RUBBER - NOTARY STAMP
48.90
LANGUAGE LINE SERVICES
TRANSLATION SERVICES
43.63
RICH & CARTMILL, INC
NOTARY BOND
30.00
TREASURER PETTY CASH
TRAVEL REIMBNJOODS
175.40
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
105.44
JPMORGAN CHASE BANK
WALMART - PRISONER BOARD
7.94
TOTAL POLICE COMMUNICATIONS
1,159.49
ANIMAL CONTROL
YOU FIRE SUPPRESSION SERVICES
FIRE EXTINGUISHER INSPECT
26.00
JPMORGAN CHASE BANK
SERENITY - CREMATION SVC
165.00
JPMORGAN CHASE BANK
GALLS - SUPPLIES
56.85
JPMORGAN CHASE BANK
SOUTHERN AG- SUPPLIES
38.97
AEP IPSO
ELECTRIC USE
148.28
JPMORGAN CHASE BANK
ABCO RENTS -TENT RENTAL
663.92
JPMORGAN CHASE BANK
LOWES- SUPPLIES
97.25
JPMORGAN CHASE BANK
FULLERTON -AC SUPPLIES
46.00
TOTAL ANIMAL CONTROL
1,242.27
FIRE SERVICES JOWASSO CHARACTER COUNCIL, INC CHARACTER LUNCHEON 200.00
TOTAL FIRE SERVICES
200.00
EMERGENCY PREPARE DNES JPMORGAN CHASE BANK SAMSCLUBSUPPLIES 9,18
AEP IPSO ELECTRIC USE 126.56
TOTAL EMERGENCY PREPAREDNESS
135.74
STORMWATER
JPMORGAN CHASE BANK
LOWES -ROPE
55.44
JPMORGAN CHASE BANK
HD SPLY - MANHOLE HOOK
29.50
JPMORGAN CHASE BANK
TRANSCO -PPE
23.44
JPMORGAN CHASE BANK
PIKEPASS -FEE
7,80
JPMORGAN CHASE BANK
ATWOOD- WINTER BIBS
119.99
JPMORGAN CHASE BANK
ATWOOD-WINTER BIBS
219.98
JPMORGAN CHASE BANK
ATWOOD- WINTER BIBS
99.99
JPMORGAN CHASE BANK
ATWOOD -D -RINGS
20.48
Page 5
Claims List
12/06/2016
Budget Unit Title
Vendor Name
Payable Description
PaymentAmount
STORMWATER...
JPMORGAN CHASE BANK
OREILLY -MOWER SWITCH
199
JPMORGAN CHASE BANK
EQUIP ONE -FUEL VALVE
73.60
JPMORGAN CHASE BANK
FLEET DISTRIB - JACKET
65.05
JPMORGAN CHASE BANK
FLEET DISTRIB- JACKET
52.03
JPMORGAN CHASE BANK
FLEET DISTRIB- JACKET
52.03
UNIFIRST HOLDINGS LP
UNIFORM CLEANING
35.10
UNIFIRST HOLDINGS LP
UNIFORM CLEANING
47.60
UNIFIRST HOLDINGS LP
UNIFORM CLEANING
35.20
SPOK, INC.
PAGER USE
44.40
JPMORGAN CHASE BANK
MAXWELL -PIPE SEALANT
172.47
JPMORGAN CHASE BANK
GRAINGER -PPE
14.05
JPMORGAN CHASE BANK
QUALITY TIRE -TIRE
131.30
JPMORGAN CHASE BANK
QUALITY TIRE -MOWER TIRE
167.45
JPMORGAN CHASE BANK
LOWES -PIPE CLEANING
42.69
JPMORGAN CHASE BANK
LOWES-FLASHLIGHT
18.97
TOTAL STORMWATER
1,532.55
PARKS
CITY OF OWASSO
PARK UTILITIES
37.84
CITY OF OWASSO
PARK UTILITIES
34.40
UNIFIRST HOLDINGS LP
PARKS UNIFORMS
23.96
WASHINGTON CO RURAL WATER DISTRICT
WATER SERVICE
37.36
PROTECTION ONE ALARM MONITORING INC
ALARM SERVICE PARKS
146.92
COX COMMUNICATIONS
PHONE /INTERNET SERVICE
23195
ROGERS COUNTY RURAL WATER DISTRICT
PARKS WATER SERVICE
389.68
PROTECTION ONE ALARM MONITORING INC
ALARM SERVICES
73.94
JPMORGAN CHASE BANK
LIBERTY FLAGS -VET MEM FLG
244.00
JPMORGAN CHASE BANK
CORNERSTONE - REPAIR PARTS
7.96
JPMORGAN CHASE BANK
CORNERSTONE -EDGER
315.00
JPMORGAN CHASE BANK
CORNERSTONE - SUPPLIES
23.96
JPMORGAN CHASE BANK
CORNERSTONE - ANTIFREEZE
3,98
JPMORGAN CHASE BANK
CORNERSTONE - ANTIFREEZE
3.98
JPMORGAN CHASE BANK
CORNERSTONE - ANTIFREEZE
3.98
JPMORGAN CHASE BANK
CORNERSTONE - ANTIFREEZE
3.98
JPMORGAN CHASE BANK
CORNERSTONE - ANTIFREEZE
198
JPMORGAN CHASE BANK
CORNERSTONE - ANTIFREEZE
3.98
JPMORGAN CHASE BANK
CORNERSTONE - ANTIFREEZE
3.98
JPMORGAN CHASE BANK
CORNERSTONE - ANTIFREEZE
3,98
JPMORGAN CHASE BANK
CORNERSTONE - ANTIFREEZE
3,98
JPMORGAN CHASE BANK
CORNERSTONE - ANTIFREEZE
3.98
JPMORGAN CHASE BANK
CORNERSTONE - ANTIFREEZE
3.98
JPMORGAN CHASE BANK
CORNERSTONE - ANTIFREEZE
3,98
JPMORGAN CHASE BANK
CORNERSTONE - ANTIFREEZE
3.98
JPMORGAN CHASE BANK
CORNERSTONE - ANTIFREEZE
3,98
JPMORGAN CHASE BANK
CORNERSTONE -EVENT SUPPLIE
13.62
Page 6
Claims List
12/06/2016
Budget Unit Title
Vendor Name
Payable Description
Payment Amount
PARKS...
JPMORGAN CHASE BANK
CORNERSTONE - SUPPLIES
4537
JPMORGAN CHASE BANK
LOWES- REPAIR SUPPLIES
8,98
JPMORGAN CHASE BANK
HOME DEPOT-SUPPLIES
73.94
JPMORGAN CHASE BANK
CORNERSTONE - ANTIFREEZE
3.98
JPMORGAN CHASE BANK
LOWES- REPAIR SUPPLIES
22.76
AEP /PSO
ELECTRIC USE
2,045.55
JPMORGAN CHASE BANK
CORNERSTONE -SAW SUPPLIES
16.75
TOTAL PARKS
3,856.04
CULTURE AND RECREATION
JPMORGAN CHASE BANK
GOFRESH- FESTIVAL PUMPKINS
525.00
JPMORGAN CHASE BANK
PAYPAL - FESTIVAL LASER TAG
649.00
JPMORGAN CHASE BANK
SNAPCHAT- FILTER
59.26
JPMORGAN CHASE BANK
LISPS- POSTAGE
8.64
JPMORGAN CHASE BANK
ART IN BLOOM -VET WREATH
100.00
OWASSO CHARACTER COUNCIL, INC
CHARACTER LUNCHEON
120.00
RICH & CARTMILL, INC
NOTARY PUBLIC BOND
30.00
TOTAL CULTURE AND RECREATION
1,491.90
COMMUNITY CENTER
JPMORGAN CHASE BANK
COMPETITIVE EDGE - TABLES
998.48
JPMORGAN CHASE BANK
AMAZON- SOLDERING IRON
59.99
JPMORGAN CHASE BANK
LOWES- BATTERIES
30.35
JPMORGAN CHASE BANK
AMAZON- REPLACE BATTERY
57.34
OWASSO CHARACTER COUNCIL, INC
CHARACTER LUNCHEON
- 160.00
JPMORGAN CHASE BANK
AMAZON - CLEANING WIPES
46.35
JPMORGAN CHASE BANK
AMAZON -HEAT SHRINK
10.19
JPMORGAN CHASE BANK
LOWES - LINERS /SUPPLIES
64.73
JPMORGAN CHASE BANK
AMAZON - COOLER CONTROL
92.10
JPMORGAN CHASE BANK
AMAZON - LINERS
98.55
JPMORGAN CHASE BANK
MYSENIORCTR -CHECK IN SYS
125.00
YOUNGS FIRE SUPPRESSION SERVICES
ANNUAL INSPECTION
332.00
GRAND GATEWAY ECO. DEV. ASSC.
OCTOBER SENIOR FARES
294.00
JPMORGAN CHASE BANK
HOME DEPOT -TAX CREDIT
-6.86
JPMORGAN CHASE BANK
HOME DEPOT - REFUND
-8.44
JPMORGAN CHASE BANK
SAMSCLUB- SUPPLIES
23.68
JPMORGAN CHASE BANK
AMAZON -LYSOL WIPES
117.66
JPMORGAN CHASE BANK
AMAZON -PAPER TOWELS
93.34
JPMORGAN CHASE BANK
AMAZON - PURELL WIPES
148.70
JPMORGAN CHASE BANK
WALMART- TABLECLOTH
15.96
JPMORGAN CHASE BANK
WESTLAKE - HARDWARE
62.73
JPMORGAN CHASE BANK
LOWESSUPPLIES
91.54
JPMORGAN CHASE BANK
TRAVEL EXPENSE
20.00
JPMORGAN CHASE BANK
AMAZON- PLUMBING SUPPLIES
40.00
JPMORGAN CHASE BANK
TRAVEL EXPENSE
9,4$
JPMORGAN CHASE BANK
IHOBBY LOBBY -PAPER CRAFTS
91,60
Page 7
Claims List
12/06/2016
Budget Unit Title
Vendor Name
Payable Description
PaymentAmount
COMMUNITY CENTER...
JPMORGAN CHASE BANK
TRAVEL EXPENSE
4.32
JPMORGAN CHASE BANK
LODGING EXPENSE
188.00
JPMORGAN CHASE BANK
TRAVEL EXPENSE
17.28
JPMORGAN CHASE BANK
LOWES- SUPPLIES
309.38
JPMORGAN CHASE BANK
HOME DEPOT -LIGHT BULBS
17.94
JPMORGAN CHASE BANK
AMAZON - PATHWAY LIGHTS
32.28
JPMORGAN CHASE BANK
AMAZON -PAPER TOWELS
65.98
JPMORGAN CHASE BANK
AMAZON- SUPPLIES
91.42
JPMORGAN CHASE BANK
HOME DEPOT - SUPPLIES
108.28
JPMORGAN CHASE BANK
AMAZON - CORDLESS TISSUE
111.98
JPMORGAN CHASE BANK
HOME DEPOT - RENTAL
100.00
DRAKE SYSTEMS INC
MONTHLY COPIER LEASE
197.51
AEP /PSO
ELECTRIC USE
1,060.67
JPMORGAN CHASE BANK
JADMIRAL EXPRESS - SUPPLIES
29.99
TOTAL COMMUNITY CENTER 5,403.65
COMMUNITY CTR DONATION!
JPMORGAN CHASE BANK
REASORS -PANS
8.00
JPMORGAN CHASE BANK
REASORS -FOIL
5.79
JPMORGAN CHASE BANK
QTRIP- DONATION PRIZE
10.00
JPMORGAN CHASE BANK
WALMARTSUPPLIES
43.30
JPMORGAN CHASE BANK
WALMART - POTLUCK SUPPLIES
29.89
JPMORGAN CHASE BANK
HOBBY LOBBY - SUPPLIES
26.40
JPMORGAN CHASE BANK
HOBBY LOBBY - SUPPLIES
123.86
JPMORGAN CHASE BANK
CRAFTOUTLET- SUPPLIES
34.17
TOTAL COMMUNITY CTR DONATIONS 281.41
HISTORICAL MUSEUM JPMORGAN CHASE BANK LOWES- REPAIR PART 25.48
IAEPIPSO
ELECTRIC USE 116.91
TOTAL HISTORICAL MUSEUM 142.39
ECONOMIC DEV
JPMORGAN CHASE BANK
IEDC- ANNUAL MEMBERSHIP
420.00
OWASSO CHARACTER COUNCIL, INC
CHARACTER LUNCHEON
40.00
TOTAL ECONOMIC DEV 460.00
FUND GRAND TOTAL 65,261.4
AMBULANCE SERVICE AMERICAN MUNICIPAL SERVICES CORP. COLLECTION SERVICES 23.25
TOTAL AMBULANCE SERVICE
23.25
AMBULANCE JPMORGAN CHASE BANK FULLERTON- OXYGEN 25.50
JPMORGAN CHASE BANK ZOLL- SUPPLIES 712.50
JPMORGAN CHASE BANK THE KNOX -POWER SUPPLY 111.00
Page 8
Claims List
12/06/2016
Budget Unit Title
Vendor Name
Payable Description
PaymentAmount
AMBULANCE...
JPMORGAN CHASE BANK
BOUND TREE-SUPPLIES
2,035.40
JPMORGAN CHASE BANK
BOUND TREE-SUPPLIES
6,70
JPMORGAN CHASE BANK
HENRY SCHEIN- SUPPLIES
50.70
JPMORGAN CHASE BANK
ZOLL- SUPPLIES
517.50
JPMORGAN CHASE BANK
HENRY SCHEIN- SUPPLIES
1,873.60
JPMORGAN CHASE BANK
ZOLL MEDICAL- TOOLS /EQUIP
5,319.45
JPMORGAN CHASE BANK
UNITED - AIRFARE
423.60
JPMORGAN CHASE BANK
BOUND TREE-SUPPLIES
145.90
JPMORGAN CHASE BANK
TRAVEL EXPENSE
12.50
JPMORGAN CHASE BANK
HENRY SCHEIN - SUPPLIES
80.91
JPMORGAN CHASE BANK
LODGING EXPENSE
92.53
JPMORGAN CHASE BANK
HOME DEPOT -WALL PLATES
15.94
MEDICLAIMS INC
BILLING SERVICES
10,725.75
JPMORGAN CHASE BANK
LOCKE- ELECTRICAL MATERIAL
13.16
JPMORGAN CHASE BANK
EXCELLANCE -AMB PARTS
326.18
JPMORGAN CHASE BANK
HENRY SCHEIN- SUPPLIES
71.54
JPMORGAN CHASE BANK
HENRY SCHEIN- SUPPLIES
391.60
JPMORGAN CHASE BANK
GCR TI RE -AMB TIRE BALANCE
150.00
JPMORGAN CHASE BANK
TRAVEL EXPENSE
10.08
JPMORGAN CHASE BANK
UNITED - BAGGAGE FEE
25.00
TOTAL AMBULANCE
23,137.04
FUND GRAND TOTAL 23,160.2
E911 COMMUNICATIONS MOTOROLA SOLUTIONS, INC IR SITE MAINT @ TOWER 2,082.91
INCOG -E911 E911 ADMIN SVC FEES 8,150.14
JPMORGAN CHASE BANK TOTALRADIO -MAINT CONTRACT 410.00
TOTAL E911 COMMUNICATIONS 10,643.05
FUND GRAND TOTAL 10,643.0
HOTEL TAX- ECON DEV AEP IPSO ELECTRIC USE 27.93
JPMORGAN CHASE BANK AMERICAN - AIRFARE 455.70
JPMORGAN CHASE BANK AMERICAN - AIRFARE 455.70
JPMORGAN CHASE BANK AMERICAN- AIRFARE 234.60
JPMORGAN CHASE BANK DELTA - AIRFARE 136.10
TOTAL HOTEL TAX - ECON DEV 1,310.03
STRONG NEIGHBORHOODS
OWASSO CHARACTER COUNCIL, INC
CHARACTER LUNCHEON
40.00
L & M OFFICE FURNITURE, INC
FURNITURE REQUESTS
473.00
TOTAL STRONG NEIGHB0RHOODS 513.00
Page 9
Claims List
12/06/2016
Budget Unit Title Vendor Name Payable Description IPaym entAmount
IFUND GRAND TOTAL 1,823.0
CITIES READY MIX, INC
RGAN CHASE BANK
RGAN CHASE BANK
RGAN CHASE BANK
RGAN CHASE BANK
RGAN CHASE BANK
RGAN CHASE BANK
RGAN CHASE BANK
ORGAN CHASE BANK
CONCRETE
>WNCO -REBAR GRID
(WELL -REBAR
VES- FORMING SUPPLIES
VES - STORMBOX FORMS
VES- STORMBOX REBAR
SPLY-MANHOLE RING /LID
VES- CUTTING TOOLS
CTRIC USE
186.1
27.E
231.24
168.66
350.00
TOTAL STORMWATER- STORMWATER
1,881.76
BROOKFIELD CROSSING
LU ANN JACKSON- COLLINS
ROW ACQUISITION
1,100.00
MICHAEL S WEDEL
ROW ACQUISITION
8,500.00
MICHAEL S WEDEL
ROW ACQUISITION
500.00
KELLOGG ENGINEERING, INC
ENGINEERING SERVICES
18,000.00
TOTAL BROOKFIELD CROSSING
28,100.00
MOWERY /ATOR DRAINAGE IA TULSA COUNTY CLERK
FILING FEES
34.00
TOTAL MOWERYIATOR DRAINAGE IMP
34.00
FUND GRAND TOTAL
30,015.7
AMBULANCE CAPITAL FD
JPMORGAN CHASE BANK
STRYKER -COT LOADING SYS
16,263.80
JPMORGAN CHASE BANK
STRYKER -COT MODIFICATION
90,000.00
TOTAL AMBULANCE CAPITAL FD
106,263.80.
FUND GRAND TOTAL
106,263.8
PARK DEV FD - PARKS WALLACE ENGINEERING STRUCTURAL
RANCH CREEK TRAIL
487.50..
TOTAL PARK DEV FD - PARKS
487.50
FUND GRAND TOTAL
487.50
76TH /MAIN INTERSECT IMPR IMAIN STREET DEVELOPMENT LLC
IROWACQUISITION
24,500.00
TOTAL 76THIMAIN INTERSECT IMPR 24,500.00
(FUND GRAND TOTAL L4,,uu.0 j
Page 10
Claims List
12/06/2016
Budget Unit Title
Vendor Name
Payable Description
PaymentAmount
SALES TAX FUND -FIRE
JPMORGAN CHASE BANK
WALMART- SUPPLIES
2.82
JPMORGAN CHASE BANK
WALMARTSUPPLIES
7.94
JPMORGAN CHASE BANK
WALMART- SUPPLIES
3.98
JPMORGAN CHASE BANK -
WALMARTSUPPLIES
39.45
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
127.47
JPMORGAN CHASE BANK
SAMSCLUB- SUPPLIES
825.83
JPMORGAN CHASE BANK
SAMSCLUB- SUPPLIES
532.34
JPMORGAN CHASE BANK
SAMSCLUBSUPPLIES
61.26
JPMORGAN CHASE BANK
WALMART - SUPPLIES
74.98
JPMORGAN CHASE BANK
SAMSCLUB- SUPPLIES
95.04
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
40.84
JPMORGAN CHASE BANK
SAMSCLUB- SUPPLIES
17.98
JPMORGAN CHASE BANK
DRY CLEANING - CLEANING
63.58
JPMORGAN CHASE BANK
IMAGENET- COPIER CONTRACT
440.17
JPMORGAN CHASE BANK
TRAVEL EXPENSE
7.49
JPMORGAN CHASE BANK
LOWES- SUPPLIES
5.91
JPMORGAN CHASE BANK
PIKEPASS -FEE
45.10
JPMORGAN CHASE BANK
LODGING EXPENSE
109.20
JPMORGAN CHASE BANK
OK POLICE SPLY -UNIF CLOTH
39.90
JPMORGAN CHASE BANK
TRAVEL EXPENSE
8.45
JPMORGAN CHASE BANK
SAMS- MEMBERSHIP RENEWAL
34.99
JPMORGAN CHASE BANK
SALLYS - SUPPLIES
11.49
JPMORGAN CHASE BANK
IAFC- DUES /GOLFSTEIN
95.00
JPMORGAN CHASE BANK
IAFC - DUES /STUCKEY
214.00
AEP IPSO
ELECTRIC USE
3,540.32
YOUNGS FIRE SUPPRESSION SERVICES
FIRE EXTINGUISHER INSPECT
154.00
YOUNGS FIRE SUPPRESSION SERVICES
FIRE EXTINGUISHER INSPECT
83.50
YOUNGS FIRE SUPPRESSION SERVICES
FIRE EXTINGUISHER INSPECT
64.00
CONRAD FIRE EQUIPMENT INC.
FIRE TRUCK PARTS
259.35
CONRAD FIRE EQUIPMENT INC.
FIRE TRUCK PARTS
682.77
CONRAD FIRE EQUIPMENT INC.
FIRE TRUCK PARTS
48,08
CONRAD FIRE EQUIPMENT INC.
FIRE TRUCK PARTS
25.60
NORTH AMERICA FIRE EQUIPMENT CO.
UNIFORMS
78938
NORTH AMERICA FIRE EQUIPMENT CO.
UNIFORMS
394.29
COULSON ELECTRIC, INC
TRAFFIC SIGNAL CONTROLS
3,160.00
JPMORGAN CHASE BANK
WALMART - SUPPLIES
23.68
JPMORGAN CHASE BANK
TRAINING EXPENSE
228.00
JPMORGAN CHASE BANK
TRAVELEXPENSE
7.99
JPMORGAN CHASE BANK
SUMMIT TRUCK -PARTS
341.48
JPMORGAN CHASE BANK
TRAVEL EXPENSE
7.40
JPMORGAN CHASE BANK
CLASSIC CHEVY -MAINT /PARTS
346.14
JPMORGAN CHASE BANK
FLEMINGS FOOTWARE -PPE
120.00
JPMORGAN CHASE BANK
WALMART- SUPPLIES
838
JPMORGAN CHASE BANK
WALMART- SUPPLIES
49.86
Page 11
Claims List
12/06/2016
Budget Unit Title
Vendor Name
Payable Description
Payment Amount
SALES TAX FUND - FIRE...
JPMORGAN CHASE BANK
SAV- ON- BUSINESS CARDS
60.00
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
45.98
JPMORGAN CHASE BANK
ROBERTS CO -PPE
474.00
JPMORGAN CHASE BANK
TRAVEL EXPENSE
10.32
JPMORGAN CHASE BANK
TRAVEL EXPENSE
7.60
JPMORGAN CHASE BANK
N SAFETYSCBA FIT TESTING
4,494.00
JPMORGAN CHASE BANK
EMBLEM ENT -PROT CLOTHING
120.00
JPMORGAN CHASE BANK
TRAVEL EXPENSE
9.66
JPMORGAN CHASE BANK
TRAVEL EXPENSE
10.95
SHI INTERNATIONAL CORP
SOFTWARE
168.00
JOHN D. HORTON
LADDER TRUCK REPAIR
1,019.00
NATIONAL REGISTRY OF EMTS
UNIFORMS
280.00
BAILEY EVENT CENTER, INC.
TRAVEL AND TRAINING
300.00
JPMORGAN CHASE BANK
CORNERSTONE - REPAIR SVC
197.91
JPMORGAN CHASE BANK
AMAZON -HARD DRIVE
69.98
JPMORGAN CHASE BANK
AMAZON -HARD DRIVE
64.99
JPMORGAN CHASE BANK
FEDEX- SUPPLIES
5.49
JPMORGAN CHASE BANK
FEDEX- BIND /MANUAL COVERS
9.98
JPMORGAN CHASE BANK
TRAVEL EXPENSE
9.32
JPMORGAN CHASE BANK
MEETING EXPENSE
68.41
JPMORGAN CHASE BANK
LOWESSUPPLIES
2.08
JPMORGAN CHASE BANK
HOME DEPOT - SUPPLIES
59.69
MARK STUCKEY
TUITION REIMBURSEMENT
299.91
NORTHERN SAFETY COMPANY, INC.
FIREHOSES
2,321.14
JPMORGAN CHASE BANK
TRAVEL EXPENSE
11.85
JPMORGAN CHASE BANK
TRAINING EXPENSE
228.00
JPMORGAN CHASE BANK
CORNERSTONE - SUPPLIES
11.48
JPMORGAN CHASE BANK
WALMART- SUPPLIES
65.19
JPMORGAN CHASE BANK
SAMS- SUPPLIES
161.89
JPMORGAN CHASE BANK
OREILLY- SUPPLIES
25.00
JPMORGAN CHASE BANK
NAMEPLATES -EQUIP DECALS
780.00
JPMORGAN CHASE BANK
OK ST FIREFIGHTERS -DUES
2,632.00
JPMORGAN CHASE BANK
INTERSTATE - SUPPLIES
3.05
JPMORGAN CHASE BANK
FIRE SVC TRN- TRAINING
300.00
JPMORGAN CHASE BANK
IBI- SUPPLIES
79.76
JPMORGAN CHASE BANK
TRAVEL EXPENSE
8.87
JPMORGAN CHASE BANK
PAUL CONWAY- HELMET SHIELD
187.49
JPMORGAN CHASE BANK
ACADEMY - SUPPLIES
39.99
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
28.97
JPMORGAN CHASE BANK
1OFFICE DEPOT - SUPPLIES
11.91
TOTAL SALES TAX FUND -FIRE 27,923.29
FIRE STATION #4
IWILLIAMS, SPURGEON, KUHL &
PROFESSIONAL SERVICES 21,033.75
Page 12
Claims List
12/06/2016
Budget Unit Title Vendor Name Payable Description jPaymentAmountj
TOTAL FIRE STATION #4 21.033.75
FUND GRAND TOTAL 48,957.0
SALES AX FUND - POLICE
SPOK, INC.
PAGER USE
35.52
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
24.97
JPMORGAN CHASE BANK
AMAZON- SUPPLIES
68.46
JPMORGAN CHASE BANK
PETSMART -K9 SUPPLIES
47.96
JPMORGAN CHASE BANK
AMAZON- SUPPLIES
395.00
INTEGRIS AMBULATORY CARE CORP.
PENSION PHYSICAL
550.00
YOUNGS FIRE SUPPRESSION SERVICES
FIRE EXTINGUISHER INSPECT
348.50
JPMORGAN CHASE BANK
CMI- REFUND
-4.77
JPMORGAN CHASE BANK
AMAZON -HARD DRIVES
455.94
JPMORGAN CHASE BANK
STOP STICK - SUPPLIES
18.00
JPMORGAN CHASE BANK
TRAINING EXPENSE
90.00
JPMORGAN CHASE BANK
WALMART -K9 SUPPLIES
31.12
JPMORGAN CHASE BANK
SAMS- SUPPLIES
169.95
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
7.49
JPMORGAN CHASE BANK
AMAZON - SUPPLIES
89.00
JPMORGAN CHASE BANK
HARDWARE & TOOLS-SUPPLIES
93.60
JPMORGAN CHASE BANK
TROPHY & PLAQUE- AWARDS
76.50
JPMORGAN CHASE BANK
SOUTHERN AG -K9 SUPPLIES
127.98
JPMORGAN CHASE BANK
SOUTHERN AG -K9 SUPPLIES
20.87
JPMORGAN CHASE BANK
SOUTHERN AG -K9 SUPPLIES
99,98
JPMORGAN CHASE BANK
REASORS - SUPPLIES
21.11
JPMORGAN CHASE BANK
ACO MEETING EXPENSE
12.96
JPMORGAN CHASE BANK
OSU- TRAINING/WELLS
100.00
JPMORGAN CHASE BANK
OFFICE SUPPLY-SUPPLIES
91.75
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
22.15
JPMORGAN CHASE BANK
BEST BUY -POWER SUPPLY
39.99
JPMORGAN CHASE BANK
EBAY FEES
450.00
JPMORGAN CHASE BANK
LOWES - SUPPLIES
35.34
JPMORGAN CHASE BANK
SOME'S- AWARDS /RECOGNITION
46.00
JPMORGAN CHASE BANK
AMAZON - SUPPLIES
159.98
JPMORGAN CHASE BANK
USPCA -DUES
50.00
JPMORGAN CHASE BANK
AMAZON - SUPPLIES
42.53
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
6.71
JPMORGAN CHASE BANK
SPECIAL OPS- UNIFORM ITEMS
79.99
JPMORGAN CHASE BANK
THOMSON -CLEAR ACCESS
289.81
JPMORGAN CHASE BANK
HOME DEPOT - SUPPLIES
29,76
JPMORGAN CHASE BANK
TROPHY & PLAQUE- AWARDS
46.50
JPMORGAN CHASE BANK
TRAVEL EXPENSE
8.15
JPMORGAN CHASE BANK
USPS- POSTAGE
40,24
JPMORGAN CHASE BANK
TRAINING EXPENSE
800.00
Page 13
Claims List
12/06/2016
Budget Unit Title
Vendor Name
Payable Description
PaymentAmount
SALES TAX FUND - POLICE...
JPMORGAN CHASE BANK
AT YOUR SERVICE- RENTAL
80.00
JPMORGAN CHASE BANK
DON HUME-UNI FORM ITEMS
100.02
JPMORGAN CHASE BANK
FAMILY ANIMAL -K9 MEDICAL
77,20
JPMORGAN CHASE BANK
AMAZON- SCANNER
749,20
JPMORGAN CHASE BANK
TRAINING EXPENSE
385.00
JPMORGAN CHASE BANK
WALMARTSUPPLIES
23.88
JPMORGAN CHASE BANK
OFFICE DEPOT- SUPPLIES
2.86
JPMORGAN CHASE BANK
SMALLANIMAL -K9 MED EXP
1,493.87
JPMORGAN CHASE BANK
INTERSTATE - BATTERIES
108.28
JPMORGAN CHASE BANK
INTERSTATE - BATTERIES
24.20
JPMORGAN CHASE BANK
2ND WIND -AMT MACHINE
2,600.00
JPMORGAN CHASE BANK
STOP STICK - SUPPLIES
930.00
JPMORGAN CHASE BANK
STOP STICK- SUPPLIES
356.00
JPMORGAN CHASE BANK
MURRAY WOMBLE -DOOR LOCK
518.00
JPMORGAN CHASE BANK
WALMART- SUPPLIES
22.63
AEP /PSO
ELECTRIC USE
3,250.46
JPMORGAN CHASE BANK
GALLS - BALLISTIC HELMETS
1,941.57
JPMORGAN CHASE BANK
THOMSON -CLEAR ACCESS
289,81
JPMORGAN CHASE BANK
TRAINING EXPENSE
5.00
JPMORGAN CHASE BANK
LODGING EXPENSE
67.67
JPMORGAN CHASE BANK
LODGING EXPENSE
67.67
JPMORGAN CHASE BANK
AMAZON- SUPPLIES
20.68
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
91.34
JPMORGAN CHASE BANK
OACP- DUES /CHAMBLESS
90.00
JPMORGAN CHASE BANK
SPECIAL OPS -UNIF ITEMS
119.99
JPMORGAN CHASE BANK
ATWOOD- VEHICLE PARTS
75.67
JPMORGAN CHASE BANK
AMAZON- SUPPLIES
28.99
JPMORGAN CHASE BANK
AMERICAN WASTE - DUMPSTER
144.93
JPMORGAN CHASE BANK
ACADEMY - FIREARM SUPPLIES
14.99
JPMORGAN CHASE BANK
PHOENIX- FIREARM SUPPLIES
915.00
JPMORGAN CHASE BANK
SPECIAL OPS- VEST /LEHNER
548.24
JPMORGAN CHASE BANK
SAMSCLUB - SUPPLIES
29,94
JPMORGAN CHASE BANK
PAYPAL- TRAININGIRECORDS
385.00
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
14,99
JPMORGAN CHASE BANK
SO RUBBER - NOTARY STAMP
47.90
TREASURER PETTY CASH
TRAVEL REIMS /ROGERS
139.22
JPMORGAN CHASE BANK
TRAINING EXPENSE
75.00
TREASURER PETTY CASH
UNIFORM
18.95
TREASURER PETTY CASH
EQUIPMENT
159.71
TREASURER PETTY CASH
TRAINING EXPENSE
750.00
-
TREASURER PETTY CASH
MILEAGE REIMB /CAZZOLA
135.44
TREASURER PETTY CASH
TOWING
180.00
JPMORGAN CHASE BANK
TASER INT'L -TASER
511.96
JPMORGAN CHASE BANK
SOUTHERN AG -K9 SUPPLIES
148,96
Page 14
Claims List
12/06/2016
Budget Unit Title Vendor Name
Payable Description
Payment Amount
TOTAL SALES TAX FUND - POLICE
22,859.26
FUND GRAND TOTAL
22,859.2
SALES TAX FUND - STREETS
JPMORGAN CHASE BANK
HOME DEPOT -FORM BOARD
1148
JPMORGAN CHASE BANK
ATWOOD- SIGNAL REPAIR
47.96
JPMORGAN CHASE BANK
HOME DEPOT -DRILL BITS
26.91
JPMORGAN CHASE BANK
LOWES -FORM BOARD
6.14
JPMORGAN CHASE BANK
MAXWELL -FORM SUPPLIES
211.75
JPMORGAN CHASE BANK
PIKEPASS -FEE
13.50
ROADSAFE TRAFFIC SYSTEMS, INC
FY 15 -16 STRIPING PROJECT
19,918.44
AEP IPSO
ELECTRIC USE
1,802.64
JPMORGAN CHASE BANK
HARD HAT SAFETY - HAT /JCKT
47.50
JPMORGAN CHASE BANK
DIESEL POWER- REPAIR PARTS
23.98
JPMORGAN CHASE BANK
LOWES- SUPPLIES
193.50
JPMORGAN CHASE BANK
TRANSCO -PPE
23.44
JPMORGAN CHASE BANK
HOLDERS -PW KEY
16.00
JPMORGAN CHASE BANK
SHERWIN WMS- SUPPLIES
24.98
JPMORGAN CHASE BANK
WELSCO -WELD WIRE
59.09
JPMORGAN CHASE BANK
LOWES - RIBBONS
46.54
JPMORGAN CHASE BANK
GRAINGER -PPE
14.05
JPMORGAN CHASE BANK
GELLCO - SAFETY BOOTS
152.99
JPMORGAN CHASE BANK
LOWES- CAUTION TAPE
16.95
JPMORGAN CHASE BANK
FASTENAL- MATERIALS
237.85
JPMORGAN CHASE BANK
INTERSTATE - BATTERIES
399.00
SIGNALTEK INC
TRAFFIC SIGNAL REPAIR
776.27
TWIN CITIES READY MIX, INC
CONCRETE
1,566.00
TWIN CITIES READY MIX, INC
CONCRETE
96.00
TWIN CITIES READY MIX, INC
CONCRETE
1,344.00
APAC- OKLAHOMA, INC.
ASPHALT
61.62
TWIN CITIES READY MIX, INC
CONCRETE
1,148.00
FENSCO, INC
GUARDRAIL REPAIR
3,500.00
TWIN CITIES READY MIX, INC
CONCRETE
1,344.00
SPOK, INC.
PAGER USE
118.38
UNIFIRST HOLDINGS LP
UNIFORM CLEANING
43.39
UNIFIRST HOLDINGS LP
UNIFORM CLEANING
47.60
UNIFIRST HOLDINGS LP
JUNIFORM CLEANING
49.93
TOTAL SALES TAX FUND - STREETS 33,391.88
STREET REHAB FY16 ILOWRY CONSTRUCTION SERVICES I FY 15 -16 STREET REHAB PRO 146,207.55
TOTAL STREET REHAB FY16 146,207.55
Page 15
Claims List
12/06/2016
Budget Unit Title I
Vendor Name
Payable Description IPaymentAmounti
FUND GRAND TOTAL 179,599.4
CI - FBO BUILDING IL & M OFFICE FURNITURE, INC FURNITURE REQUESTS 315.00
TOTAL CI - FBO BUILDING 315.00
CI -GARN WID 96TH -106TH TULSA COUNTY CLERK FILING FEES 272.00
TOTAL CI • GARN WID 96TH -106TH
272.00
FUND GRAND TOTAL
587.0
CITY GARAGE
JPMORGAN CHASE BANK
BUMP26UMP -PARTS RESALE
55.08
JPMORGAN CHASE BANK
BUMP26UMP -PARTS RESALE
372.34
JPMORGAN CHASE BANK -
BUMP28UMP -PARTS RESALE
39.10
AT &T MOBILITY
WIRELESS SERVICE
57.63
UNIFIRST HOLDINGS LP
UNIFORM RENTAL FEES
28.36
UNIFIRST HOLDINGS LP
UNIFORM RENTAL FEES
28.36
JPMORGAN CHASE BANK
SAMS- OFFICE CHAIR
219.88
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
13.29
JPMORGAN CHASE BANK
GOODYEAR -CAR TIRES
1,973.70
JPMORGAN CHASE BANK
UNITED FORD -PARTS RESALE
638.66
JPMORGAN CHASE BANK
BUMP26UMP -PARTS RESALE
54.06
JPMORGAN CHASE BANK
BUMP26UMP -PARTS RESALE
27.54
JPMORGAN CHASE BANK
TULSA CLEAN -FLOAT VALVE
33.01
JPMORGAN CHASE BANK
DIAMOND P -TRLR DECK WOOD
468.29
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
22.98
JPMORGAN CHASE BANK
FASTENAL -LOCK NUTS
4.86
JPMORGAN CHASE BANK
HESSELBEINTIRE -TIRES
424.44
AEP /PSO
ELECTRIC USE
340.26
JPMORGAN CHASE BANK
B &M WAREHOUSE -PART RESALE
338.25
JPMORGAN CHASE BANK
OREILLY- SUPPLIES
63.39
JPMORGAN CHASE BANK
OREILLY -PARTS RESALE
1,463.27
JPMORGAN CHASE BANK
BUMP26UMP -PARTS RESALE
259.00
JPMORGAN CHASE BANK
YELLOWHOUSE -PARTS
193.34
JPMORGAN CHASE BANK
FASTENAL- SUPPLIES
10.44
JPMORGAN CHASE BANK
HESSELBEIN - TRAILER TIRES
159.40
JPMORGAN CHASE BANK
HESSELBEIN -AMB TIRES
2,308.86
TREASURER PETTY CASH
IBOOTS
35.00
TOTAL CITY GARAGE 9,632.79
FUND GRAND TOTAL 9,632.7
WORKERS' COMP SELF -INS CITY OF OWASSO IMPRESTACCOUNT WORKERS COMP CLAIMS EXPEN 323.00
Page 16
Claims List
12/06/2016
Budget Unit Title Vendor Name Payable Description PaymentAmount
WORKERS' COMP SELF -INS.. CITY OF OWASSO IMPRESTACCOUNT WORKERS COMP CLAIMS EXPEN 323.00
CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 323.00
TOTAL WORKERS' COMP SELF - INS
WORKERS' COMP SELF -INS
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS EXPEN
665.00
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS EXPEN
3,138.20
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS EXPEN
3,535.98
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS EXPEN
352.00
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS EXPEN
2,995.06
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS EXPEN
5.316.71
WORKERS' COMP SELF -INS
IFUND GRAND TOTAL
F -INS HEALTHCARE
AL SELF -INS HEAL
IFUND GRAND TOTAL
ITY GRAND TOTAL
Page 17
1
$554,397
T out Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Jason Woodruff
Deputy Chief of Police
SUBJECT: Supplemental Appropriation - Justice Assistance Grant
DATE: December 2, 2016
BACKGROUND:
The Edward Byrne Memorial Justice Assistance Grant (JAG) is administered by the Oklahoma
District Attorney's Council using federal funding from the U.S. Department of Justice aimed at
reducing or preventing violent crime. The grant was named in honor of New York City Police
Officer Edward Byrne, who was tragically shot and killed in the line of duty in 1988. City, county
and state law enforcement agencies can apply for a portion of the JAG funds through the
competitive grant process. The Owasso Police Department was previously awarded funding
under the JAG grant in both 2014 and 2015.
In September 2016, the Owasso Police Department submitted an application packet for the
2016 Justice Assistance Grant, On November 18, 2016, we received notification that the grant
funds had been approved for the Owasso Police Department in the amount of $7,300.00. The
reimbursement based grant funds are specified for the purchase of electronic communications
equipment.
RECOMMENDATION:
Staff recommends acceptance of the 2016 Justice Assistance Grant, authorization for execution
of the grant award documents, and approval of a budget amendment in the General Fund,
increasing the estimated revenue and the appropriation for expenditures by $7,300.00.
ATTACHMENTS:
2016 JAG Award Documents
2016 JAG Budget Summary
Organization: Owasso, City of JAG -LLE- 2016- OWASSO U -00060
IMPORTANT DATES
2016 JUSTICE ASSISTANCE GRANT LOCAL LAW ENFORCEMENT
IMPORTANT DATES
Award Period: January 1, 2017 - June 30, 2017
January 1, 2017 Earliest Date Equipment Can be Ordered
February 2, 2017 Award Packet completed in OK Grants
June 30, 2017 Last Date Equipment Can be Purchased /Encumbered Using a Purchase Order
August 15, 2017 Close -Out Documents (A -5 Form for JAG -LLE and A -6 Form), Copies of Invoices, Copies of
Purchase Orders, and Copies of Checks due to DAC
11/18/2016 Page 1 of 5
Organization: Owasso, City of
QUICK REFERENCE GUIDE
The Basics
JAG -LLE- 2016 - OWASSO CI -00060
Award Period — January 1, 2017 through June 30 2017
Equipment ordered /purchased prior to January 1, 2017, or encumbered after June 30, 2017, will NOT be
reimbursed.
Chief Executive Officer (CEO) has official signature authority to make financial and programmatic
commitments on behalf of the agency
• CEO must be the mayor, city manager, chairperson of the County Commission, or an authorized tribal leader,
because the award is to your county or town, not to the agency, and not to the project director.
• The CEO's signature on the award documents and special conditions indicates their willingness to abide by
the rules
Project Director
• The person responsible for overall grant activities
Fiscal Officer
• The person who completes the financial reports related to the financial activity of the grant
The Project Director and the Fiscal Officer cannot be the same person
Non - Supplanting
• Supplanting is NOT allowed
• Supplanting is when you reduce state and local budgets by replacing the monies with federal funds
Purchasing of different equipment or reducing the quantity of equipment that was awarded is NOT allowed.
Extensions will not be granted
The JAG -LLE grant is a Reimbursement Grant
• Equipment must be purchased, received, and paid for before federal funds are reimbursed
• Agencies will submit close -out documents in OKGrants for review
• Unspent funds will not be reimbursed
Accepting the Award
Award Documents - Operative documents which obligate and reserve federal funds
• Award Notice
• Special Conditions (Terms and Conditions of the award)
11/1812016 Page 2 of 5
Organization: Owasso, City of
Other Critical Documents
Standard Assurances
Drug Free Workplace— Required to maintain a drug free workplace.
JAG -LLE- 2016 - OWASSO CI -00060
Equal Employment Opportunity - Must comply with all federal statutes that prohibit discrimination on the
basis of race, color, national origin, religion, sex, age, or disability.
Debarment- If proceedings have been initiated against you or if you have been convicted of, indicted for,
either criminally or civilly, for fraud, embezzlement, forgery, bribery, falsification or destruction of records,
making false statements, receiving stolen property, your agency can be debarred. Debarment or suspension
has government -wide effect (i.e. no funding for schools, roads, etc.).
Records Maintenance
Organization
• Keep all grant records in one accessible file
Documents to Maintain
• Award Documents
Application, Award Notice, Special Conditions, A -1, A-4, A -10, A -12, Budget Form, Standard Assurances,
Certifications Regarding Lobbying, EEOP Certification
• Financial Documents
Ledgers or spreadsheets, copies of checks, copies of invoices, purchase orders, and receipts
• Correspondence
Letters, memos, and emails from and to DAC, A -5, A -6, and any other documents relating to the grant
How Long to Maintain Records
Grant records must be maintained for 7 years
If an audit is conducted, the records must be maintained until all audit findings are resolved
Audits
If federal expenditures (from all sources) are $750,000 or more during the applicant agency's 12 -month
reporting period, they must submit an A -133 audit to DAC
Mark Your Calendar
Award Period — January 1, 2017, through June 30, 2017
January 1, 2017
Earliest date equipment can be ordered
• Equipment ordered prior to January 1, 2017 will be disallowed
• Only the equipment listed on the Budget Form is allowable
February 2, 2017
11/1812016 Page 3 of 5
Organization: Owasso, City of JAG -LLE- 2016 - OWASSO CI -00060
Award documents due to DAC — must be submitted in OKGrants online system
June 30, 2017
• Last date equipment can be purchased /encumbered using a purchase order
August 15, 2017
• Close -out documents, copies of purchase orders, copies of invoices, and copies of checks due to DAC —
must be submitted in OKGrants online system
• Closeout Documents REQUIRED:
1. A -5 Statement of Equipment Purchases Certification
2. A -6 Equipment Inventory
3. Copies of Purchase Orders — Upload to OKGrants
4. Copies of Invoices — Upload to OKGrants
5. Copies of Checks — Upload to OKGrants
How do I get reimbursed?
-Log into OKGrants, search for your application by selecting My Applications, then select the grant number. At
the DAC Application Menu, scroll down to Change the Status. Select View Status Options and select Grant
Closeout Documents in Process.
-At this point, select View Forms under View, Edit and Complete Forms. Scroll to the bottom of the page and
you will find three (3) closeout document forms.
-Complete the A -5 form and SAVE.
-Complete the A -6 form and SAVE. On the required attachments page, you must upload your purchase
order(s), invoice(s), and copies of check(s).
-Once all closeout documents are complete, select the grant number at the top of the page to go back to the
DAC Application Menu. Scroll down to Change the Status. Select View Status Options and select Submit
Closeout Documents.
What happens next?
DAC Staff will review your closeout documentation and will return it for modifications if required, or submit it for
payment. You should receive payment within 3 weeks of DAC approval.
11/18/2016 Page 4 of 5
Organization: Owasso, City of
AWARD PACKET INSTRUCTIONS
Requested Amount
Awarded Amount
1. Award Budget Summary
JAG -LLE- 2016- OWASSO CI -00060
A. Review comments in the textbox below regarding budget adjustments as directed by
the funding Board.
B. Check the Awarded Amount and the Approved Budget Amount on this page.
C. If the amounts are different and /or there are instructions in the textbox above, you must go to the
Detailed Equipment Budget page and the Overall Budget Summary page in the Forms
Menu to make corrections and adjustments.
D. Making these changes will create a new version of the pages and will pull the corrected
amounts into theAward Budget Summary page. You cannot submit your Award Packet until the
Approved Budget Amount matches the Awarded Amount.
F. If the Awarded Amount and the Approved Budget Amount are the same and there are no
corrections or commentsin the textbox above, simply click SAVE and go to the Award Notice.
2. Award Notice
Review the information, click SAVE, and go to Special Conditions.
3. Special Conditions
Review the information, click SAVE, and go to Form A -4.
4. Form A-4 Certification of Equal Opportunity Plan
Select the appropriate answers on the form, click SAVE, and go to EEOP Certification Form.
5. Equal Employment Opportunity Plan Certification Form
Select the appropriate answers, click SAVE, and go to Form A -10.
6. Form A -10 Statement of Audit Arrangements
Select the appropriate answers, click SAVE, and go to Form A -12.
7. Form A -12 Disclosure of Lobbying Activities
Select the appropriate answer, click SAVE. If "no" is selected, go to Accounting System Review.
If "yes" is selected, complete the form, click SAVE, and go to Accounting System Review.
8. Accounting System Review (MUST BE COMPLETED BY THE FINANCIAL OFFICER) Select the
appropriate answers, click SAVE and follow the instructions below for submission.
9. The Authorized Official /CEO is the only person authorized to submit the Award Packet.
This is done in the Change the Status link on the DAC Application Menu page.
Once the Award Packet has been submitted, print each of the award documents for your files.
11/18/2016 Page 5 of 5
Organization: Owasso, City of
Justice Assistance Grant - Local Law Enforcement (JAG -LLE) Application 2016
AWARD NOTICE
District Attorneys Council
421 N.W. 13th, Suite 290
Oklahoma City OK 73103
(405) 264 -5008 FAX (405) 264 -5095
Organization:
SUBGRANT NO:
PHONE:
Project Name:
FAX:
START DATE:
END DATE:
Federal ID Number:
DAC CONTACT:
DUNS Number:
CFDA: 16738
Federal Award Number:
Program Director:
Grant Amount:
Federal Match:
JAG -LLE- 2016- OWASSO CI -00060
Jerry George (405) 264 -5008
This grant is subject to the terms and conditons set forth in the application which was submitted to the District Attorneys Council. The award is
authorized by the District Attorneys Council (DAC) . The subgrantees shall administer the project for which this subgrant is awarded in
accordance with the applicable rules, regulations, and conditions as set forth in the federal guidelines; the Administrative Guide published by
DAC, and the effective edition of the Department of Justice (DOJ) Office of Justice Programs, Financial and Administrative Guide for Grants. The
subgrantee shall also administer the project in accordance with the Certified Assurances and Special Conditions of the award.
The subgrantee shall maintain separate accounts and accounting records for the subgrant funds, and shall maintain and furnish to DAC and DOJ
upon request, detailed accounting and supportive records. The subgrantee shall file such reports relating to the subgrant as are required by DAC
and DOJ.
Authorizing Official's (Chief Executive Officer) Name and Title Date
11/18/2016 Page 1 of 1
Organization: Owasso, City of
Awarded Amount:
• Check the Awarded Amount and the Approved Budget Amount on this page.
JAG -LLE- 2016- OWASSO CI -00060
• See any comments in the Award Packet Instructions regarding budget adjustments as directed by the funding
Board.
• If the amounts are different and /or there are instructions, you must go to the Detailed Equipment Budget page
and the Overall Budget Summary page in the Forms Menu to make corrections and adjustments.
• If the Awarded Amount and the Approved Budget Amount are the same and there are no corrections or
comments in the Award Packet Instructions, simply click SAVE.
Budget Category
Equipment
TOTAL
Approved Budget
(from Application)
Grant
Allowable Equipment to be purchased:
Match
Budget Changes
Grant
Match
11/18/2016 Page 1 of 1
Justice Assistance Grant - Local Law Enforcement (JAG -LLE) Application 2016
Organization: Owasso, City of
Subgrant Number:
Subgrant Name:
Address:
JAG -LLE- 2016 - OWASSO CI -00060
Project Director:
Award Amount:
Have you had any Findings of Discrimination with the last 5 years?
Subgrantee is an Educational, Medical,
Non - Profit or Indian Tribe.
Subgrantee is a State /Local Government that
receives less than $25,000 in federal funds in
an individual award from any Department of Justice Federal program.
Subgrantee is State /Local Government with
less than 50 Full and Part-Time Employees.
Subgrantee is a State /Local Government with 50
or more full and part-time employees and receives
between $25,000 and $499,999 in federal funds in an
individual award from any Department of Justice
Federal program.
Subgrantee is a State /Local Government with 50
or more full and part -time employees and receives
$500,000 from an individual award from any Department of Justice
Federal program.
Yes No
If radio button is checked, ONLY
Section 1 will appear.
If radio button is checked, ONLY
Section 1 will appear.
If radio button is checked, ONLY
Section 2 will appear.
If radio button is checked, ONLY
Section 3 will appear.
If radio button is checked, ONLY
Section 4 will appear.
Important: Only the section which applies to the subgrantee agency will appear. All other sections should be left blank.
Section 1: Assurance Statement
11/18/2016 Page 1 of 7
Justice Assistance Grant - Local Law Enforcement (JAG -LLE) Application 2016
Organization: Owasso, City of
JAG -LLE- 2016 - OWASSO CI -00060
I, , [Authorizing Official (Chief Executive Officer)], assure that the funded entity will comply with the provisions of Title VI of the Civil Rights Act of
1964 and Section 504 of the Rehabilitation Act of 1973 as required. These statutes prohibit discrimination on the basis of race, color, national
origin, age, or disability.
Name of Authorizing Official (Chief Executive Officer) Date
Section 2: Assurance and Certification Statement
I, , [Authorizing Official (Chief Executive Officer) assure that the funded entity will comply with the provisions of Title VI of the Civil Rights Act of
1964 and Section 504 of the Rehabilitation Act of 1973 as required. These statutes prohibit discrimination on the basis of race, color, national
origin, age, or disability. Further, I certify that the funded agency has formulated an Equal Employment Opportunity Plan in accordance with 28
CFR 42.301 et. seq., subpart E, has been signed into effect by the proper authority and disseminated to all employees, and that it is on file in our
office located at the subgrantee agency address for review or audit by officials of the Office for Civil Rights, Office of Justice Programs, U.S.
Department of Justice, and /or the District Attorneys Council as required by relevant laws and regulations..
Name of Authorizing Official (Chief Executive Officer) Date
Section 3: Assurance and Certification Statement of EEOP on File
I, , [Authorizing Official (Chief Executive Officer) assure that the funded entity will comply with the provisions of Title VI of the Civil Rights Act of
1964 and Section 504 of the Rehabilitation Act of 1973 as required. These statutes prohibit discrimination on the basis of race, color, national
origin, age, or disability. Further, I certify that the funded agency has formulated an Equal Employment Opportunity Plan in accordance with 28
CFR 42.301 et. seq., subpart E, has been signed into effect by the proper authority and disseminated to all employees, and that it is on file in our
office located at the subgrantee agency address for review or audit by officials of the Office for Civil Rights, Office of Justice Programs, U.S.
Department of Justice, and /or the District Attorneys Council as required by relevant laws and regulations.
Name of Authorizing Official (Chief Executive Officer) Date
Section 4: Assurance and Submission of EEOP
1, , [Authorizing Official (Chief Executive Officer)] assure that the funded entity will comply with the provisions of Title VI of the Civil Rights Act of
1964 and Section 504 of the Rehabilitation Act of 1973 as required. These statutes prohibit discrimination on the basis of race, color, national
origin, age, or disability. Further, I certify that the funded agency has formulated an Equal Employment Opportunity Plan in accordance with 28
CFR 42.301 et, seq., subpart E, that has been signed into effect by the proper authority and disseminated to all employees. Further, I assure
that the EEOP will be submitted to the District Attorneys Council for submission to the Office of Civil Rights within 45 days of the
date of the award.
Name of Authorizing Official (Chief Executive Officer) Date
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Justice Assistance Grant - Local Law Enforcement (JAG -LLE) Application 2016
Organization: Owasso, City of
Subgrantee Name and Address:
Telephone Number:
Fiscal Year Ends:
Does your organization receive:
Name of Authorizing Official (Chief Executive Officer)
Subgrant Number:
Other, Please Specify
Title
Date
JAG -LLE- 2016- OWASSO CI -00060
11/18/2016 Page 3 of 7
Justice Assistance Grant - Local Law Enforcement (JAG -LLE) Application 2016
Organization: Owasso, City of
Instructions:
If the applicant DOES NOT conduct lobbying activities, then select No and SAVE. If the applicant
conducts lobbying activities, complete this form pursuant to 31U.S.C. 1352.
Do you conduct Lobbying Activities?
Subgrant Name:
1. Type of Federal Action:
Name and Address of Reporting Entity
Prime
Subawardee Tier, if known:
Federal Department /Agency:
Subgrant
Number:
Status of Federal Action
Report Type
Material Change Only:
Date of last
If Reporting Entity in No. 4 is Subawardee,
ter Name and Address of Prime:
District, if known:
Federal Program Name /Description:
JAG -LLE- 2016 - OWASSO CI -00060
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Justice Assistance Grant - Local Law Enforcement (JAG -LLE) Application 2016
Organization: Owasso, City of
JAG -LLE- 2016- OWASSO CI -00060
Number, if applicable:
District, if known:
8. Federal Action Number, if known: 19. Award Amount, if known:
Oa. Name and Address of Lobbying Registrant �10b. Individuals Performing Services
If individual, last name, first name, MI): (including address if different from No. 10a.)
name, first name, MI)
11. Information requested through this form is authorized by Sec. 319, Pub. L. 101 -121, 103 Stat. 750, as amended by sec. 10; Pub.
L. 104 -65, Stat. 700 (31 U.S.C.1352). This disclosure of lobbing activites is a material representation of fact upon which reliance
was placed by the above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352.
This information will be reported to the Congress semiannually and will be available for public inspection. Any person who fails to file
the required disclosure shall be subject to a civil penalty of not less then $10,000 and not more than $100,000 for each such failure.
Name of Authorizing Official (Chief Executive Officer)
Date
11/18/2016 Page 5 of 7
Justice Assistance Grant -Local Law Enforcement (JAG -LLE) Application 2016
Organization: Owasso, City of
JAG -LLE- 2016 - OWASSO CI -00060
Instructions for Completion of SF -LLL, Disclosure of Lobbying Activities
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt
of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is
required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or
employee of any agency, A Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in
connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the
implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and /or has been secured to influence the outcome of a
covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow -up report caused by a material change to the information
previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted
report by this reporting entity for this covered Federal action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check
the appropriate classification of the reporting entity that designates if it is, or expects to be a prime or subawardee of the
prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks "Subawardee ", then enter the full name, address, city, state and zip code of
the prime Federal recipient, include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below
agency name if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (Item 1). If known, enter the full Catalog of
Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments.
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Justice Assistance Grant - Local Law Enforcement (JAG -LLE) Application 2016
Organization: Owasso, City of
JAG -LLE- 2016 - OWASSO CI -00060
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for
Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award
number; the application proposal control number assigned by the Federal agency). Include prefixes, e.g., 'RFP- DE -90- 001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal
amount of the award /loan commitment for the prime entity identified in item 4 or 5.
10a. Enter the full name, address, city, state and zip code of the registrant under the Lobbying Disclosure Act of 1995 engaged by
the reporting entity identified in item 4 to influence the covered Federal action.
10b. Enter the full names of the individual(s) performing services, and include full address if different from 10(a). Enter Last Name,
First Name, and Middle Initial (MI).
11. The certifying official shall sign and date the form, print his /her name, title, and telephone number.
11/18/2016 Page 7 of 7
Organization: Owasso, City of
JAG -LLE- 2016 - OWASSO CI -00060
2016 JUSTICE ASSISTANCE GRANT /LOCAL LAW ENFORCEMENT PROGRAM
Special Conditions of the Award
1. The subgrantee agrees that the Award Document constitutes the operative document obligating and
reserving the federal funds for use by the subgrantee. The obligation of the awarded funds is forfeited without
further cause if the subgrantee fails to sign and return the Award Document and all other documents as required
by the Federal Grants Division within 30 calendar days from the start date on the Award, or February 2, 2017.
2. The subgrantee agrees to comply with the financial and administrative requirements set forth in the most
current edition of the Justice Assistance Grant Local Law Enforcement Financial and Administrative Guide as
developed by the Federal Grants Division in the District Attorneys Council and the financial and administrative
requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide.
3. The subgrantee must encumber the federal funds by June 30, 2017, and pay all expenditures by August 15,
2017.
4. The Federal Grants Division will approve the budget in the framework of the award amount. The subgrantee
understands and agrees that any deviations to the approved budget must be in compliance with the most
current edition of the Administrative and Financial Guide. Deviations outside of the scope of the approved
budget and /or the Administrative and Financial Guide may result in unallowable expenditures and therefore
lead to the return of federal funds by the subgrantee.
5. The subgrantee agrees to use funds for those purposes which it identified in the application. Any funds
expended prior to written approval of an amended program plan may be determined to be an unallowable use
of grant funds.
6. The subgrantee agrees to comply with the organizational audit requirements of OMB 2 CFR Part 200, Audits
of States, Local Governments, and Non - Profit Organizations, as further described in the current edition of the
OJP Financial Guide.
7. The subgrantee understands and agrees that it cannot use any federal funds, either directly or indirectly, in
support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of
government, without the express prior written approval of OJP.
8. The subgrantee agrees to comply with all applicable federal civil rights laws applicable statutorily - imposed
nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968,
(42 U.S.C. § 3789d), the Victims of Crime Act (42 U.S.C. § 10604(e)); The Juvenile Justice and Delinquency
Prevention Act of 2002 (42 U.S.C. § 5672 (b)); the Civil Rights Act of 1964 (U.S.C. 42 § 2000d); the
Rehabilitation Act of 1973 (29 U.S.C. § 794, the Americans with Disabilities Act of 1990 (42 U.S.0 §
12131 -34); the Education Amendments of 1972 (20 U.S.C. § §1681, 1683, 1685 -86); and the Age
Discrimination Act of 1975 (42 U.S.C. § §6101 -07); see Ex. Order 13279 (equal protection of the laws for
faith -based and community organizations).
9. If required, the subgrantee will submit an acceptable Equal Employment Opportunity Plan (EEOP) that is
approved by the Office of Civil Rights within 45 days from the date of the award. Failure to submit an approved
ESOP is a violation of the Special Conditions and may result in suspension or termination of funding, until such
11/18/2016 Page 1 of 5
Organization: Owasso, City of
time as the subgrantee is in compliance.
JAG -LLE- 2016 - OWASSO CI -00060
10. The subgrantee agrees to cooperate with any assessment, national evaluation efforts, or information or
data collection requests, including, but not limited to, the provision of any information required for the
assessment or evaluation of any activities within this project.
11. The subgrantee agrees not to purchase any vehicles (excluding police cruisers), vessels (excluding police
boats), aircraft (excluding police helicopters), luxury items, real estate, or construction projects with the federal
grant funds. The JAG funds shall not be used directly or indirectly for security enhancements or equipment to
nongovernmental entities that are not engaged in criminal justice or public safety.
12. Subgrantees must certify that Limited English Proficiency (LEP) persons have meaningful access to the
services under this program. National origin discrimination includes discrimination on the basis of Limited
English Proficiency. To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take
reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access
may entail providing language assistance services, including oral and written translation when necessary. The
U.S. Department of Justice has issued guidance for subgrantees to help them comply with Title VI
requirements. The guidance document can be accessed on the Internet at www.lep.gov.
13. The subgrantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the
National Historic Preservation Act, and other related federal environmental impact analyses requirements in the
use of these grant funds. The subgrantee understands that this special condition applies to its following new
activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity
is being conducted by a subgrantee, or any second parry and the activity needs to be undertaken in order to
use these grant funds, this special condition must first be met. The activities covered by this special condition
are:
a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area,
including properties located within a 100 -year flood plain, a wetland, or habitat for endangered species, or a
property listed on or eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its
basic prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased
as an incidental component of a funded activity and (b) traditionally used, for example, in office, household,
recreational, or education environments; and,
e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the
identification, seizure, or closure of clandestine methamphetamine laboratories.
The subgrantee understands and agrees that complying with NEPA may require the preparation of an
Environmental Assessment and /or an Environmental Impact Statement, as directed by BJA. The subgrantee
further understands and agrees to the requirements of the State Mitigation Plan, as detailed at,
http: / /www.ok.gov /OEM for programs relating to methamphetamine laboratory operations.
Application of this special condition to subgrantee's existing programs or activities: For any of the subgrantees'
existing programs or activities that will be funded by these grant funds, the subgrantee, upon specific request
from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental
11/18/2016 Page 2 of 5
Organization: Owasso, City of
assessment of that funded program or activity.
JAG -LLE- 2016- OWASSO CI -00060
14. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement
information sharing systems which involve interstate connectivity between jurisdiction, such systems shall
employ, to the extent possible, existing networks as the communication backbone to achieve interstate
connectivity, unless the subgrantee can demonstrate to the satisfaction of BJA that this requirement would not
be cost effective or would impair the functionality of an existing or proposed IT system.
15. The subgrantee agrees that any information technology system funded or supported by OJP funds will
comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this
regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its
discretion, perform audits of the system, as per 28 C.F.R. 23.20(g). Should any violation of 28 C.F.R. Part 23
occur, the subgrantee may be fined as per 42 U.S.C. 3789g(c) -(d). Subgrantee may not satisfy such a fine with
federal funds.
16. The subgrantee agrees that funds received under this award will not be used to supplant State or local
funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be
made available for law enforcement activities.
17. Pursuant to Executive Order 13513 "Federal Leadership on Reducing Text Messaging While Driving. " 74
Fed. Reg.51225 (October 1, 2009), the Department encourages the subgrantee to adopt and enforce policies
banning employees from text messaging while driving any vehicle during the course of performing work funded
by this grant, and to establish workplace safety policies and conduct education, awareness, and other outreach
to decrease crashes caused by distracted drivers.
18. The subgrantee must maintain a current address, area code /telephone number, area code /fax number, and
email address within the OKGrants System. If any information is incorrect or has changed since or during the
award period, updates must be made within the OKGrants system to document the changes.
19. The subgrantee agrees to comply with all applicable laws, regulations, policies, and guidance (including
specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal
funds for expenses related to conferences, meetings, trainings, and other events, including the provision of food
and /or beverages at such events, and costs of attendance at such events. Information on pertinent laws,
regulations, policies, and guidance is available at www.ojp.gov /fiinancialguide/
20. JAG funds may be used to purchase bulletproof vests for an agency, but may not be used as the 50%
match for purposes of the Bulletproof Vest Partnership (BVP) program.
21. The subgrantee agrees to submit a signed certification that all law enforcement agencies receiving vests
purchased with JAG funds have a written "mandatory wear" policy in effect. This policy must be in place for at
least all uniformed officers before any funding can be used by the agency for bulletproof vests. There are no
requirements regarding the nature of the policy other than it being a mandatory wear policy for all uniformed
officers while on duty.
22. Bulletproof vests purchased with JAG funds may be purchased at any threat level, make or model, from any
distributor or manufacturer, as long as the vests have been tested and found to comply with applicable National
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Organization: Owasso, City of
JAG -LLE- 2016- OWASSO CI -00060
Institute of Justice ballistic or stab standards. In addition, bulletproof vests purchased with JAG funds must be
American -made. The latest NIJ standard information can be found here:
http: / /www. nij. gov /topics /tech nology /body - armor /safety - initiative. aspx
23. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent,
contractor, subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds
under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of
interest, bribery, gratuity, or similar misconduct involving grant funds. This condition also applies to any
subgrantees. Potential fraud, waste, abuse or misconduct should be reported to the OIG by:
Mail:
Office of Inspector General
U.S Department of Justice
Investigations Division
950 Pennsylvania Avenue, N.W.
Room 4706
Washington DC 20530
E -mail: oig.hotline @usdoj.gov
Hotline: (Contact information in English and Spanish): (800) 869 -4499 or hotline fax: (202) 616 -9881
Additional Information is available from DOJ OIG website at wvvw.usdoj.gov /oig
24. The subgrantee agrees to comply with applicable requirements regarding registration with the System for
Award Management (SAM) (or with a successor government -wide system officially designated by OMB and
OJP). The recipient also agrees to comply with applicable restrictions on subawards to first -tier subrecipients
that do not acquire and provide a Data Universal Numbering System (DUNS) number. The details of recipient
obligations are posted on the Office of Justice Programs web site at http: / /www.ojp.gov /funding /sam.htm
(Award condition: Registration with the System for Award Management and Universal Identifier requirements),
and are incorporated by reference here. This special condition does not apply to an award to an individual who
received the award as a natural person (i.e., unrelated to any business or non - profit organization that he or she
may own or operated in his or her name).
25. The subgrantee understands and agrees that any training materials developed or delivered with funding
provided under this award must adhere to the OJP Training Guide Principles for Grantees and Subgrantees,
available at http: / /www.ojp.usdoj.gov/ funding / ojptrainingguidingprinciples .htm
26. The subgrantee understands and agrees that — (a) No award funds may be used to maintain or establish a
computer network unless such network blocks the viewing, downloading, and exchange of pornography, and (b)
Nothing in subsection (a) limits the use of funds necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication
activities.
27. The subgrantee agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to
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Organization: Owasso, City of
JAG -LLE- 2016 - OWASSO CI -00060
cooperate with BJA and OCFO on all grant monitoring requests related to desk reviews, enhanced
programmatic desk review, and /or site visits. The subgrantee agrees to provide to BJA and OCFO all
documentation necessary to complete monitoring tasks, including documentation related to any subawards
made under this award. Further, the subgrantee agrees to abide by reasonable deadlines set by BJA and
OCFO for providing the requested documents. Failure to cooperate the BJA's /OCFO's grant monitoring
activities may result in sanctions affecting the subgrantee's DOJ awards, including, but not limited to:
withholdings and /or other restrictions on the subgrantee's access to grant funds; referral to the Office of the
Inspector General for audit review; designation of the subgrantee as a DOJ High Risk grantee; or termination of
an award(s).
28. The subgrantee agrees that all income generated as a direct result of this award shall be deemed program
income. All program income earned must be accounted for and used for the purposes of funds provided under
this award, including such use being consistent with the conditions of the award, the effective edition of the OJP
Financial Guide and, as applicable, either (1) 28 C.F.R. Part 66 or (2) C.F.R. Part 70 and 2 C.F.R. Part 215
(OMB CircularA -110)
29. In order to promote information sharing and enable interoperability among disparate systems across the
justice and public safety community, OJP requires the subgrantee to comply with DOJ's Global Justice
Information Sharing Initiative (DOJs Global) guidelines and recommendations for this particular grant.
Subgrantee shall conform to the Global Standards Package (GSP) and all constituent elements, where
applicable, as described at: http: / /www.it.ojp.gov /gsp_grantcondition. Subgrantee shall document planned
approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that
protects shared information, or provide detailed justification for why an alternative approached is
recommended.
30. The subgrantee agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office of Justice
Programs policies and procedures regarding the protection of human research subjects, including obtainment
of Institutional Review Board approval, if appropriate, and subject informed consent.
31. The Subgrantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28
C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Subgrantee further
agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with the requirements
of 28 C.F.R. Part 22 and, in particular, section 22.23.
32. The subgrantee agrees to monitor subawards under this JAG award in accordance with all applicable
statues, regulations, OMB circulars, and guidelines, including the OJP Financial Guide, and to include the
applicable conditions of this award in any subaward. The subgrantee is responsible for oversight of
subrecipient spending and monitoring of specific outcomes and benefits attributable to use of JAG funds by
subrecipients. The subgrantee agrees to submit, upon request, documentation of its policies and procedures
for monitoring of subawards under this award.
Authorized Official's (Chief Executive Officer) Name and Title Date:
Name: Title:
11/18/2016
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Justice Assistance Grant - Local Law Enforcement (JAG -LLE) Application 2016
Organization: Owasso, City of
JAG -LLE- 2016 - OWASSO CI -00060
Subgrantees must maintain fiscal records to properly account for federal funds. Adequate accounting systems should include the following criteria
as outlined in the Office of Justice Program Financial Guide: 1) Each award must be accounted for separately and not commingled with other
funds; 2) Accounting records should provide information needed to identify the receipt of funds and the expenditure of funds under each grant; 3)
Entries in accounting records should refer to supporting records and /or documentation (invoice numbers, timesheets, etc.); 4) The accounting
system should provide accurate and current financial reporting information; and, 5) The accounting system should be combined with an adequate
system of internal controls to safeguard the funds and assets covered, and check the accuracy and reliability of accounting data.
In order to avoid accounting system issues with subgrantees, the Financial Officer must complete the following information.
1. Which best describes your accounting system?
2. Does your agency receive multiple grant awards (from DAC and /or any other agencies)?
3. Do you maintain an individual ledger, separate from the general ledger, for each grant award?
4. Does your accounting system identify the receipt and expenditure of funds for each grant?
5. Please describe how you account for the receipt and expenditure of funds in the general
ledger.
6. Does this grant include funding for personnel?
7. Are time sheets maintained for the employees that are paid on the grant?
8. If no, describe how will the employee(s) record their time.
ManualAutomated
Combination of Manual and Automated
Systems
11/18/2016 Page 1 of 3
Justice Assistance Grant - Local Law Enforcement (JAG -LLE) Application 2016
Organization: Owasso, City of
9. For ALL employees paid on the grant, are time sheets broken down by funding source?
10. If no, please explain why time sheets are not broken down by funding source.
11. Are financial records maintained in -house or are they contracted out to another party?
12. Provide a brief description of the controls that are in place to ensure correct
and accurate accounting and reporting.
Who is the person responsible for depositing grant funds?
14. Where are the grant funds deposited?
15. How many signatures are required on checks?
16. Identify the authorized check signers along with their title?
M MT
Title
17. Does your organization have written accounting policies and procedures?
Name of Financial Officer
Signature of Financial Officer
JAG -LLE- 2016 - OWASSO CI -00060
In House Contracted Out
Combination of In -House and Contracted Out
State TreasurerCounty Treasurer
City Treasurer Bank Other
If other, please specify:
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Organization: Owasso, City of
Date
Justice Assistance Grant - Local Law Enforcement (JAG -LLE) Application 2016
Date
JAG -LLE- 2016 - OWASSO CI -00060
11/18/2016 Page 3 of 3
AWARD BUDGET SUMMARY
Check the Awarded Amount and the Approved Budget Amount on this page.
See any comments in the Award Packet Instructions regarding budget adjustments as directed by the funding
Board.
If the amounts are different and/or there are instructions, you must go to the Detailed Equipment Budget page and
the Overall Budget Summary page in the Forms Menu to make corrections and adjustments.
If the Awarded Amount and the Approved Budget Amount are the same and there are no corrections or comments
in the Award Packet Instructions, simply click SAVE.
Budget Category
Approved Budget
(from Application)
Budget Changes
Grant
Match
Grant
Match
Equipment
$7.300.00
$0
Label:$7,300.00
Label:
Label:$0
Label '.
HtmllnputHidden:$0.00
TOTAL
$7,300.00
':
$0
All -...LI
Label:$7,300.00
Label:
Label :$0
Label:
HtmllnputHidden:$0.00
Equipment to be purchased:
nTity Wit out Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: John W. Feary
Project Administration
SUBJECT: Vision 2025 - Capital Improvements Agreements
DATE: December 2, 2016
BACKGROUND:
Capital Improvements Agreements with Tulsa County are required for each project funded by
the Vision 2025 excess funding package the City of Owasso gained approval for through the
Tulsa County Vision Authority. There are three propositions under which the monies may be spent
and they are subject to previously approved ballot language and project approvals. The
attached agreements pertain to the following projects:
• 76 St N & Main Improvement Project- Amended
• Heart Healthy 5K Trail Project- Amended
• Expansion of Rayola Splash Pad Project- Amended
• Event Facilities - Sports Park Project # i (4 -Plex Lighting) - Amended
• Event Facilities - Sports Park Project #2 (Parking Lot Improvements)
• Sports Complex Feature Splash Pad Project
• Dog Park Project
The subject agreements of this memo must be executed in order to receive the funds from the
Vision Authority,
RECOMMENDATION:
Staff recommends approval of Capital Improvement Agreements with the Tulsa County Board of
County Commissioners for the above listed projects.
ATTACHMENTS:
Amendment to Capital Improvements Agreement (Owasso 76th Street North and Main
Improvements Project)
Amendment to Capital Improvements Agreement (Owasso Heart Healthy Trail 5K Project)
Amendment to Capital Improvements Agreement (Owasso Expansion of Rayola Park Splash Pad
Project)
Amendment to Capital Improvements Agreement (Owasso Events Facilities- Sports Park Project
#1) (4 -Plex Lighting)
Capital Improvements Agreement - Owasso Events Facilities - Sports Park Project #2 (Sports Park
Paving)
Capital Improvements Agreement - Owasso Sports Complex Feature Splash Pad Project
Capital Improvements Agreement - Owasso Dog Park Project
AMENDMENT TO CAPITAL IMPROVEMENTS AGREEMENT
(Owasso 76`x' Street North and Main Improvements Project)
THIS AMENDMENT TO CAPITAL IMPROVEMENTS AGREEMENT (this
"Amendment") is entered into as of 2016, by and between the BOARD
OF COUNTY COMMISSIONERS OF TULSA COUNTY, OKLAHOMA (the 'Board ") and
the CITY OF OWASSO, OKLAHOMA, a municipal corporation (the "Contracting Party ").
WITNESSETH:
WHEREAS, the Board and the Contracting Party have heretofore entered into
that certain Capital Improvements Agreement (the "Agreement'), dated June 7, 2016;
and
WHEREAS, the Board and the Contracting Party now desire to amend the
Agreement.
NOW, THEREFORE, for and in consideration of the premises, the Board and the
Contracting Party hereby agree as follows:
1. The words and terms not expressly defined herein and used herein with
initial capitalization where rules of grammar do not otherwise require capitalization shall
have the meanings set forth in the Agreement.
2. Section 1.29 of the Agreement is hereby amended and restated in its
entirety as follows:
"1.29. "Maximum Amount of Advances" means $950,000.00."
3. Section 18 of the Agreement is hereby amended by deleting from the
seventh line thereof "(3.30 %)" and inserting thereat "(2.088 %)."
4. The Board and the Contracting Party acknowledge and agree that the
Agreement, as amended hereby, is in full force and effect and is hereby ratified and
confirmed.
5. This Amendment may be executed in as many counterparts as may be
required and all counterparts shall collectively constitute a single instrument. An
executed copy of this Amendment delivered by facsimile shall have the effect of an
original executed instrument.
EXECUTED as of the date first set out above.
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
"Contracting Party"
zuzm���
BOARD OF COUNTY COMMISSIONERS OF
TULSA COUNTY
By
Name Karen Keith
Title Chairman
QATCIA \Vls1on2025 SURPLUS \Owasso176thstreetn& Maini mprovements\ Cityofowasso- 76thstn&Malnlmprovements-
AMENDMENT.Doo
AMENDMENT TO CAPITAL IMPROVEMENTS AGREEMENT
(Owasso Heart Healthy 5K Trail Project)
THIS AMENDMENT TO CAPITAL IMPROVEMENTS AGREEMENT (this
"Amendment") is entered into as of 2016, by and between the BOARD
OF COUNTY COMMISSIONERS OF TULSA COUNTY, OKLAHOMA (the "Board ") and
the CITY OF OWASSO, OKLAHOMA, a municipal corporation (the "Contracting Party').
WVITNESSETH:
WHEREAS, the Board and the Contracting Party have heretofore entered into
that certain Capital Improvements Agreement (the "Agreement "), dated December 1,
2015; and
WHEREAS, the Board and the Contracting Party now desire to amend the
Agreement.
NOW, THEREFORE, for and in consideration of the premises, the Board and the
Contracting Party hereby agree as follows:
1. The words and terms not expressly defined herein and used herein with
initial capitalization where rules of grammar do not otherwise require capitalization shall
have the meanings set forth in the Agreement.
2. Section 1.29 of the Agreement is hereby amended and restated in its
entirety as follows:
"1.29. "Maximum Amount of Advances" means $722,500.00."
3. Section 18 of the Agreement is hereby amended by deleting from the
seventh line thereof "(1.829 %)" and inserting thereat "(1.588 %)."
4. The Board and the Contracting Party acknowledge and agree that the
Agreement, as amended hereby, is in full force and effect and is hereby ratified and
confirmed.
5. This Amendment may be executed in as many counterparts as may be
required and all counterparts shall collectively constitute a single instrument. An
executed copy of this Amendment delivered by facsimile shall have the effect of an
original executed instrument.
EXECUTED as of the date first set out above.
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
"Contracting Party"
CITY OF OWASSO, OKLAHOMA
By_
Name
Title
BOARD OF COUNTY COMMISSIONERS OF
TULSA COUNTY
By
Name Karen Keith
Title Chairman
QATCIA Msion2025 SURPLUS\ Owasso\ 5ktrall \Cityofowasso- Hearthealthy5k trail- AMENDMENT.Doe
2
AMENDMENT TO CAPITAL IMPROVEMENTS AGREEMENT
(Owasso Expansion of Rayola Park Splash Pad Project)
THIS AMENDMENT TO CAPITAL IMPROVEMENTS AGREEMENT (this
"Amendment") is entered into as of 2016, by and between the BOARD
OF COUNTY COMMISSIONERS OF TULSA COUNTY, OKLAHOMA (the "Board ") and
the CITY OF OWASSO, OKLAHOMA, a municipal corporation (the "Contracting Party ").
WITNESSETH:
WHEREAS, the Board and the Contracting Party have heretofore entered into
that certain Capital Improvements Agreement (the "Agreement'), dated December 1,
2015; and
WHEREAS, the Board and the Contracting Party now desire to amend the
Agreement.
NOW, THEREFORE, for and in consideration of the premises, the Board and the
Contracting Party hereby agree as follows:
1. The words and terms not expressly defined herein and used herein with
initial capitalization where rules of grammar do not otherwise require capitalization shall
have the meanings set forth in the Agreement.
2. Section 1.29 of the Agreement is hereby amended and restated in its
entirety as follows:
"1.29. "Maximum Amount of Advances" means $258,419.00."
3. Section 18 of the Agreement is hereby amended by deleting from the
seventh line thereof "(.659 %)" and inserting thereat "(.568 %)."
4. The Board and the Contracting Party acknowledge and agree that the
Agreement, as amended hereby, is in full force and effect and is hereby ratified and
confirmed.
5. This Amendment may be executed in as many counterparts as may be
required and all counterparts shall collectively constitute a single instrument. An
executed copy of this Amendment delivered by facsimile shall have the effect of an
original executed instrument.
EXECUTED as of the date first set out above.
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
"Contracting Party"
By_
Name
Title
:.. .
BOARD OF COUNTY COMMISSIONERS OF
TULSA COUNTY
By
Name Karen Keith
Title Chairman
Q:\TCIA \Vis1on2025 SURPLUS\ Owasso\ Rayolaparksplashpad \Cityofowasso - Rayolaparksplashpad- AMENDMENT.Doc
2
AMENDMENT TO CAPITAL IMPROVEMENTS AGREEMENT
(Owasso Events Facilities- Sports Park Project #1)
THIS AMENDMENT TO CAPITAL IMPROVEMENTS AGREEMENT (this
"Amendment ") is entered into as of 2016, by and between the BOARD
OF COUNTY COMMISSIONERS OF TULSA COUNTY, OKLAHOMA (the 'Board ") and
the CITY OF OWASSO, OKLAHOMA, a municipal corporation (the "Contracting Party ").
WITNESSETH:
WHEREAS, the Board and the Contracting Party have heretofore entered into
that certain Capital Improvements Agreement (the "Agreement'), dated December 1,
2015; and
WHEREAS, the Board and the Contracting Party now desire to amend the
Agreement.
NOW, THEREFORE, for and in consideration of the premises, the Board and the
Contracting Party hereby agree as follows:
1. The words and terms not expressly defined herein and used herein with
initial capitalization where rules of grammar do not otherwise require capitalization shall
have the meanings set forth in the Agreement.
2. Section 1.29 of the Agreement is hereby amended and restated in its
entirety as follows:
1.29. "Maximum Amount of Advances" means $347,115.00."
3. Section 18 of the Agreement is hereby amended by deleting from the
seventh line thereof "(0.89 %)" and inserting thereat "(0.76 %)."
4. The Board and the Contracting Party acknowledge and agree that the
Agreement, as amended hereby, is in full force and effect and is hereby ratified and
confirmed.
5. This Amendment may be executed in as many counterparts as may be
required and all counterparts shall collectively constitute a single instrument. An
executed copy of this Amendment delivered by facsimile shall have the effect of an
original executed instrument.
EXECUTED as of the date first set out above.
ATTEST:
City Clerk
"Contracting Party"
Idyl 000 o s s S T11 T
By_
APPROVED AS TO FORM: Name
Title
City Attorney
BOARD OF COUNTY COMMISSIONERS OF
TULSA COUNTY
By
Name Karen Keith
Title Chairman
QATCIA \Vision2025 SURPLUS \Owasso \Events Facility Sports Park\Cityofowasso- Events Facility- Sportspark#l- AMENDMENT.Doc
11 WTAM
PROJECT #2
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and
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Dated , 2016
TABLE OF CONTENTS
1. DEFINITIONS ........................................................................................ ..............................2
I.I.
" 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„ .......................................................................
..........I.................... 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.
" Pl ans" ............................................................................................
..............................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
1,41. "Vision Authority ........................................................................... ..............................6
1.42. "Vision Authority Resolution" ......................................................
6
...............................
2. OBLIGATION OF BOARD TO MAKE ADVANCES .......................
.............................16
3. CONDITIONS PRECEDENT TO THE BOARD'S OBLIGATION TO MAKE THE
INITIALADVANCE ..............................................................................
.............................16
4. CONDITIONS PRECEDENT TO BOARD'S OBLIGATION TO MAKE
CONSTRUCTION ADVANCES ...........................................................
.............................17
5. CONDITIONS PRECEDENT TO BOARD'S OBLIGATION TO MAKE NON -
CONSTRUCTION ADVANCES ...........................................................
............................1.8
6. DISBURSEMENT PROCEDURE ..:.....................................................
.............................19
6.1. Request for Construction Advance ................................................... ...............................
9
6.2. Request for Non - Construction Advance ........................................... ...............................
9
6.3. Board's Inspection ........................................................................... ...............................
10
6.4. Disbursements ................................................................................... .............................10
6.5. Maximum Amount of Advances ....................................................... .............................10
6.6. Date after which Advances Cease ..................................................... .............................10
6.7. 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. Conshuction Retainage ................................................................ ...............................
11
7. REPRESENTATIONS AND WARRANTIES OF CONTRACTING PARTY I .......... .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. Discl osure ..........................................................................................
.............................12
9. REMEDIES
. ......................................................................................... .............................12
9.1. Termination of Advances ................................................................
12
...............................
9.2. Waiver of Termination Event ............................................................ .............................12
9.3. Cumulative Remedies ....................................................................... .............................12
10. COMPLETION OF THE PROJECT ..................................................
.............................13
11. INSURANCE ..........................................................................................
.............................13
12. CHANGE ORDERS ..............................................................................
.............................13
13. AUDIT ..................................................................................................... .............................13
14. COPIES OF FILED LIENS ..................................................................
.............................13
15. GOVERNMENT REQUIREMENTS AND PUBLIC COMPETITIVE BIDDING
ACT......................................................................................................... .............................13
16. CONSTRUCTION CONTRACTS .......................................................
.............................13
17. VISION 2025 SIGNAGE .......................................................................
.............................13
18. PAYMENT OF THE COSTS OF BONDS OR NOTES .................... .............................13
19. GENERAL CONDITIONS ...................................................................
.............................14
19.1. Nonwaiver ..................................................................................... .............................14
19.2. The Board's Satisfaction ............................................................... .............................14
ii
19.3.
Establishment of Facts ................................................................... .............................14
19.4.
Relationship of Parties ................................................................. ...............................
14
19.5.
Conditions for Exclusive Benefit of the Board ........................... ...............................
14
19.6.
Notices ........................................................................................... .............................14
19.7.
Amendment; Waiver .................................................................... ...............................
15
19.8.
Rights and Remedies ..................................................................... .............................15
19.9.
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 ................................................................................ .............................16
19.16.
Severability .................................................................................... .............................16
19.17.
Invalidity of Provisions ............................................................... ...............................
16
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
CAPITAL IMPROVEMENTS AGREEMENT
This CAPITAL IMPROVEMENTS AGREEMENT (the "Agreement ") made and entered
into this day of ' 2016, 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. "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 Govemment 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.
13. "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.
I
2
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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 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 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 `B."
1.15. "Construction Contracts" means the agreements between the Contracting Party
and the Contractors providing for the construction, equipping and furnishing of the Project.
1.16. "Construction Schedule" means a schedule of the construction, equipping and
furnishing of the Improvements from the commencement date of construction 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
QSTCIAwision2025 SURPLUS \Omasso\Evcnts Facility Sports Park\CityofOwasso- Events Facility- SportsParkProjeod12REIMBURSEMENT AGR.doc
interest in land, obligations incurred for labor and materials and to architects, project
managers, contractors, builders and materialmen; the restoration or r6location of property
damaged or destroyed in connection with the construction; and the cost of macbinery,
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 maybe 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 $2,149,205.00.
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."
0
QATCIAWision2025 SURPLUS1GwassaTwitts Facility Sports ParkUtyofOwasc6Events Facility- SportsParkProjectfi2RE1MBURSEMENT AGRAc
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.
1.32. "Opinion of Contracting Party's Counsel" means an opirnion 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 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. " Propam Manager" means Program Management Group, L.L.C.
1.36. "Project" means the Improvements and the Land.
1.37. "Project Manager" means the project manager or construction manager who
executes the Project Manager Agreement.
1.38. "Project Manager Agreement" means the agreement between the Contracting
Party and the Project Manager regarding the Improvements.
1.39 "Resolution" means the Resolution of the Board described within Paragraph A of
the Recitals hereof.
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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 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.
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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
mid 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;
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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
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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.
5.3. The Non - Construction Advance complies and is in accordance with the Approved
Budget.
5.4. The representations and warranties set forth within Section 7 hereof shall be true
and correct on and as of the date of the pending Non - Construction Advance with the effect as if
made on such date.
5.5. No Termination Event exists under this Agreement,
6. DISBURSEMENT PROCEDURE. Subject to compliance by the Contracting Party with
all the terms, provisions and conditions of this Agreement, including, but not limited to, the
conditions precedent set forth within Sections 3, 4 and 5 hereof, the Board will cause its
Depository to disburse sums to the Contracting Party, or to the appropriate payee, for the purpose
of paying Costs of Construction items specified in the Approved Budget, in accordance with the
following procedures:
6.1. Request for Construction Advance. Not less than fifteen (15) business days before
the date on which the Contracting Party desires a Construction Advance, but not more
frequently than monthly, the Contracting Party shall submit to the Board a Construction
Advance Request, which shall be accompanied by the following:
61.1. 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
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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 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 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, 2017.
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.
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6.10. Construction Retainage. An amount equal to five percent (5 %) of the Maximum
Amount of Advances shall be retained by the Board. Such Retainage shall be disbursed upon
completion of the construction, equipping and furnishing of the Improvements, provided:
6.10.1. A Construction Advance Request shall have been submitted to the Board
with respect to such retainage;
6.10.2. A Certificate of Completion shall have been submitted to the Board,
accompanied by a certificate of occupancy for the Improvements and such other written
evidence reasonably required by the Board of the approval of the municipality where the
Improvements are located, reflecting that the Improvements in their entirety are available
for permanent occupancy;
6.10.3 The written consent of the sureties named within the Payment and
Performance Bonds shall have been submitted to the Board.
6.10.4. The Board has received appropriate waivers of lien rights, in form and
content satisfactory to the Board and its legal counsel, executed and acknowledged by all
Contractors, sub - contractors, laborers and materiahnen who have famished 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 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.
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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 wan-ants 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.
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
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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, 2017.
11. INSURANCE. The Contracting Party shall, at all times during the construction of the
Improvements, maintain or cause the Contractors to maintain in full force and effect Builder's
Risk Insurance. In addition, the Contracting Party shall cause the Contractors at all times during
the construction of the Project to maintain general liability insurance in an amount reasonably
required by the Board and shall cause the Contractors to maintain worker's compensation
insurance as required by law.
12. CHANGE ORDERS. The Contracting Party shall deliver to the Board copies of all
Change Orders within five (5) business days after the respective dates 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
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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 (4.723 1/o) 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:
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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 acid
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.
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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 tern or provision of this Agreement or the
application thereof to any person or circumstance shall be held invalid or unenforceable, such
invalidity or unenforceability shall not affect any other provisions hereof. If any provision of
this Agreement is held invalid or unenforceable because the fulfillment of such provision
would involve exceeding the limit of validity prescribed by law, then upon the occurrence of
such circumstances, the obligation to be fulfilled shall be reduced to the limit of validity
prescribed by law. If the provision of this Agreement which is found to be invalid or
unenforceable cannot be modified so as to be enforceable under existing laws, this
Agreement shall be construed and enforced as if such provision had not been included herein.
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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
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EXHIBIT "A"
DESCRIPTION OF IMPROVEMENTS
Construction of new parking lots, roadways and paving of existing gravel parking lots for the
Sports Park, including grading, storm water drainage, and may include utility installation and
lighting. Additional features will be to tie to future trail heads affiliated with a 5K Trail
throughout the Sport Park.
EXHIBIT "B"
DESCRIPTION OF LAND
Owasso Sports Park complex located at 10319 East 106`s Street North, Owasso,
Oklahoma.
AUTHORIZATION AND CERTIFICATE OF PROGRAM MANAGER
With a reference to the attached Advance Request in connection with the Owasso Events
Facilities -Sports Park Project #2 (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 2016, 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
By
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
#2 (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 , 2016, 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 2016 (the
"Agreement'), regarding the Owasso Events Facilities Sports Park Project #2 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
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 , 2016, (the
"Agreement "), regarding the Owasso Event Facilities Sports Park Project #2 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 put-poses:
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.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
OF TULSA COUNTY, OKLAHOMA
M
Chairman
By: Authorized Officer of the Contracting Party
1 r �_ - ► _� ► ; r
AGREEMENT SPLASH PAD PROXCT
CAPITAL IMPROVEMENTS
f l •
and
Bated .2016
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".... .... I ....... I ..... I .... I ................................................
.... 11— ..................... 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" ........................................................................
...........................I... 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".., ....... I ...................................... ...............................
I ....... I ............ 5
1.36.
" Project ...........................................................................................
..............................5
1.37.
"Project Manager" .........................................................................
............................... 5
1.38.
"Project Manager Agreement" ...................................................
- ......... I .......... I........... 5
1.39
"Resolution" ..................................................................................
.
............................... 5
6
1.40.
"Termination Event' ......................................................................
...............................
1.40.1. Breach of Covenants ..............................................................
............................... 6
1.40.2. Representations and Warranties .............................................
............................... 6
1.40.3. Insolvency ..............................................................................
............................... 6
i
1.41. "Vision Authority.. ........................................................................ ............................... 6
1.42. "Vision Authority Resolution" ...................................................... ............................... 6
2. OBLIGATION OF BOARD TO MAKE ADVANCES ........................................... I........ 16
3. CONDITIONS PRECEDENT TO THE BOARD'S OBLIGATION TO MAKE THE
INITIALADVANCE ............................................................................ ............................... 6
4. CONDITIONS PRECEDENT TO BOARD'S OBLIGATION TO MAKE
CONSTRUCTION ADVANCES .......................................................... ............................... 7
5. CONDITIONS PRECEDENT TO BOARD'S OBLIGATION TO MAKE NON -
CONSTRUCTION ADVANCES .............................. . ................... . ........ .... ... I... I.................. 8
6. DISBURSEMENT PROCEDURE ....................................................... ............................... 9
6.1. Request for Construction Advance ................................................... ............................... 9
6.2. Request for Non - Construction Advance. . ........................ .................................. ...... 9
63. Board's Inspection ........................................................................... ............................... 10
6.4. Disbursements ................................................................................... .............................10
6.5. Maximum Amount of Advances ....................................................... .............................10
6.6. Date after which Advances Cease ..................................................... .............................10
6.7. Advances Solely from Excess Sales Tax ........................................ ............................... 10
63. Advances Subject to Annual Appropriation .................................... ............................... 10
6.9. Subordination of Obligation to Make Advances ............................... .............................10
6.10. Construction Retainage .................................................................. .............................11
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 ..................................................................................................... .............................13
14. COPIES OF FILED LIENS .................................................................. .............................13
15. GOVERNMENT REQUIREMENTS AND PUBLIC COMPETITIVE BIDDING
ACT......................................................................................................... .............................13
16. CONSTRUCTION CONTRACTS ....................................................... .............................13
17. VISION 2025 SIGNAGE ....................................................................... .............................13
18. PAYMENT OF THE COSTS OF BONDS OR NOTES .................... .............................13
19. GENERAL CONDITIONS ................................................................... .............................14
19.1. Nonwaiver ..................................................................................... .............................14
19.2. The Board's Satisfaction ............................................................. ............................... 14
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 ............... ...............................
Rightsand Remedies .............. ...............................
Governing Law ....................... ...............................
Third Party Beneficiary .......... ...............................
Prohibition Against Assignment ............................
Entire Agreement .................... ...............................
Captions and Paragraph Headings ..........................
Time of Essence ....................... ...............................
........................ .............................14
...................... ............................... 14
...................... ............................... 14
..................... ............................... 14
..................... .............................1. 15
....................... .............................15
....................... .............................15
.................... ............................... 15
....................... .............................16
..................... ............................... 16
............................16
............................16
............................16
............................16
16
BindingEffect ........................... ...............................
Severability......................... ...............................
Invalidity of Provisions ...... ...............................
......... .. ................... .. .......... I..............
LIST OF EXFIIBITS
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 , 2016, 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 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 Pa ent" means an application for payment in
the form of American Institute of Architects Document G702, Application and Certificate for
Payment, and American Institute of Architects Document G703, Continuation Sheets,
showing by trade the cost of work on the Project and the cost of materials incorporated into
the Improvements or stored on the Land, all to be stated in the Application and Certificate for
Payment, which Application and Certificate for Payment shall be signed by the Contracting
Party, the appropriate Contractor under the Construction Contracts and the Architect,
Engineer or Project Manager and shall show the percentage of completion of each
construction line item on the Approved Budget.
1.3. "Approved Budget' means a budget or cost schedule prepared by the Contracting
Party in form and content satisfactory to the Board and specifying: (i) that portion, if any, of
the cost of the Project to be paid by the Contracting Party with funds other than proceeds of
the Excess Sales Tax, and (ii) the cost by item of all Costs of Construction in accordance
with the Plans and all Government Requirements and estimating the dates on which the
Contracting Party contemplates requiring Advances from the Board hereunder, as amended
from time to time by the Contracting Parry with the consent of the Board.
1.4. "Architect" means the architects) who execute the Architect/Engineer
Agreement.
1.5. "Architect/Ewdr eer 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 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.
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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."
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
furiishing 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
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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. `Emzdneer" 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 $760,000.00.
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."
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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.
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 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. "PUment 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. "Project' means the Improvements and the Land.
1.37. "Project Manager" means the project manager or construction manager who
executes the Project Manager Agreement.
1.38. "Protect 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.
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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 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.
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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;
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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
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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.
5.3. The Non - Construction Advance complies and is in accordance with the Approved
Budget.
5.4. The representations and warranties set forth within Section 7 hereof shall be true
and correct on and as of the date of the pending Non - Construction Advance with the effect as if
made on such date,
5.5. No Termination Event exists under this Agreement.
6. DISBURSEMENT PROCEDURE. Subject to compliance by the Contracting Party with
all the terms, provisions and conditions of this Agreement, including, but not limited to, the
conditions precedent set forth within Sections 3, 4 and 5 hereof, the Board will cause its
Depository to disburse sums to the Contracting Party, or to the appropriate payee, for the purpose
of paying Costs of Construction items specified in the Approved Budget, in accordance with the
following procedures:
6.1. Request for Construction Advance. Not less than fifteen (15) business days before
the date on which the Contracting Party desires a Construction Advance, but not more
frequently than monthly, the Contracting Party shall submit to the Board a Construction
Advance Request, which shall be accompanied by the following:
6.1.1, Application and Certificate for Payment dated as of the date of the
Request for Advance;
6.1.2. Billing statements, vouchers and invoices, in form and content satisfactory
to the Board, with regard to items that are the subject of the Construction Advance
Request;
6.1.3. 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
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more frequently than monthly, the Contracting Party shall submit to the Board a Non -
Construction Advance Request, which shall be accompanied by the following:
6.11, 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 Ins ection. I£, 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, 2017.
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 Subiect to Annual Appropriation. It is hereby acknowledged that under
applicable Oklahoma law, the Board may not become obligated beyond its fiscal year (July 1
through June 30), and therefore, the covenants made herein by the Board shall be on a year -to-
year basis. The Board's obligation to make Advances is subject to the availability of funds and
annual appropriations thereof by the Board.
6.9. Subordination of Obligation to Make Advances. The Board's obligation to make
Advances is fully subordinate to the Board's obligation to make payments of 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.
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6.10. Construction Retainage. An amount equal to five percent (5 %) of the Maximum
Amount of Advances shall be retained by the Board. Such Retainage shall be disbursed upon
completion of the construction, equipping and furnishing of the Improvements, provided:
6.10.1. A Construction Advance Request shall have been submitted to the Board
with respect to such retainage;
6.10.2. A Certificate of Completion shall have been submitted to the Board,
accompanied by a certificate of occupancy for the Improvements and such other written
evidence reasonably required by the Board of the approval of the municipality where the
Improvements are located, reflecting that the Improvements in their entirety are available
for permanent occupancy;
6.10.3 The written consent of the sureties named within the Payment and
Performance Bonds shall have been submitted to the Board.
6.10.4. The Board has received appropriate waivers of lien rights, in form and
content satisfactory to the Board and its legal counsel, executed and acknowledged by all
Contractors, sub - contractors, laborers and materialmen who have furnished labor or
materials relating to the Improvements;
6.10.5. The Contracting Party has complied with all the 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 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.
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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
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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, 2017,
11. INSURANCE. The Contracting Party shall, at all times during the construction of the
Improvements, maintain or cause the Contractors to maintain in full force and effect Builder's
Risk Insurance. In addition, the Contracting Party shall cause the Contractors at all times during
the construction of the Project to maintain general liability insurance in an amount reasonably
required by the Board and shall cause the Contractors to maintain worker's compensation
insurance as required by law.
12. CHANGE ORDERS. The Contracting Party shall deliver to the Board copies of all
Change Orders within five (5) business days after the respective dates 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
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for the funding of additional projects (including the Project). In the event the Tulsa County
Industrial Authority (the "Authority ") issues bonds or notes payable fiom 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 (1.67 %) 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:
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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 patties hereto, and their respective
successors and assigns, any rights or remedies under or by reason of this Agreement.
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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]
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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 OR 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
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EXHIBIT "A"
DESCRIPTION OF IMPROVEMENTS
Complete design and construction of an aquatic recreational facility.
EXHIBIT "B"
DESCRIPTION OF LAND
Owasso Spoils Park located at 10319 E. 106'h St. North, Owasso, Oklahoma.
EXHIBIT "C"
AUTHORIZATION AND CERTIFICATE OF PROGRAM MANAGER
With a reference to the attached Advance Request in connection with the Owasso Sports
Complex Feature Splash Pad Project (the "Project "), 1, 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.
(1) that certain Capital Improvements Agreement dated 2016, 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 terns of such Agreement.
Date: PROGRAM MANAGER
By
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 Sports Complex Feature 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 2016, 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 flee 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 , 2016 (the
"Agreement'), regarding the Owasso Sports Complex Feature Splash Pad Project 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
confinned; (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 terns of the Agreement; and (vii) all conditions precedent to payment of the requested
Construction Advance herein have been met and payment of such obligations is proper pursuant
to the terms of the Agreement.
Date:
CITY OF OWASSO, OKLAHOMA
By: Authorized Officer of the Contracting Party
APPROVED:
BOARD OF COUNTY COMMISSIONERS
OF TULSA COUNTY, OKLAHOMA
By:
Chairman
EXHIBIT "F"
NON - CONSTRUCTION ADVANCE REQUEST
TO: Board of County Commissioners of Tulsa County, Oklahoma
FROM: City of Owasso, Oklahoma
Owasso, Oklahoma
(the Contracting Party)
Pursuant to the Capital Improvements Agreement dated , 2016, (the
"Agreement'), regarding the Owasso Sports Complex Feature Splash Pad Project 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.
By: Authorized Officer of the Contracting Party
APPROVED:
BOARD OF COUNTY COMMISSIONERS
OF TULSA COUNTY, OKLAHOMA
Chairman
AGREEMENT
between
TULSA COUNTY, OIKLAHOMA
11=11
Dated 92016
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 Manages .......................
............................... 2
I.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"..... ............... I ........... I ................................................................................
4
1.22.
" Engineer" .....................................................................................
............................... 4
1.23.
"Excess Sales Tax" ........................................................................
............................... 4
1.24.
"Governmental Approvals" ............................................................
..............................4
1.25.
"Governmental Authority" ............................................................
............................... 4
1.26.
"Governinent 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" ...................................................................................
..I..........................15
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
2.
3.
4.
5.
6.
91
9.
1.41. "Vision Authority„ ........................................................................ ............................... 6
1.42. "Vision Authority Resolution' ...................................................... ............................... 6
OBLIGATION OF BOARD TO MAKE ADVANCES ...................... ............................... 6
CONDITIONS PRECEDENT TO THE BOARD'S OBLIGATION TO MAKE THE
INITIAL ADVANCE ............................................................................. ............................... 6
CONDITIONS PRECEDENT TO BOARD'S OBLIGATION TO MAKE
CONSTRUCTION ADVANCES .......................................................... ............................... 7
CONDITIONS PRECEDENT TO BOARD'S OBLIGATION TO MAKE NON -
CONSTRUCTION ADVANCES .......................................................... ........................I...... 8
DISBURSEMENT PROCEDURE . ...................................................................... I ........... ... 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 ................................................................................... .............................l0
6.5.
Maximum Amount of Advances ....................................................... .............................10
6.6.
Date after which Advances Cease ................................................... ...............................
10
6.7.
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 ................................................................ ...............................
11
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
REPRESENTATIONS AND WARRANTIES OF BOARD .............. .............................12
8.1.
Authority, Approval and Enforceability .......................................... ........... .....................
12
8.2.
Disclosure .......................................................................................... .............................12
REMEDIES............................................................................................ .............................12
9.1.
Termination of Advances ................................................................ ...............................
12
9.2.
Waiver of Termination Event .......................................................... ...............................
12
9.3.
Cumulative Remedies ..................................................................... ...............................
12
10. COMPLETION OF THE PROJECT .................................................. .............................13
11. INSURANCE .......................................................................................... .............................13
12. CHANGE ORDERS .............................................................................. .............................13
13. AUDIT ..................................................................................................... .............................13
14. COPIES OF FILED LIENS .................................................................. .............................13
15. GOVERNMENT REQUIREMENTS AND PUBLIC COMPETITIVE BIDDING
ACT......................................................................................................... .............................13
16. CONSTRUCTION CONTRACTS ....................................................... .............................13
17. VISION 2025 SIGNAGE ...................................................................... .............................13
18. PAYMENT OF THE COSTS OF BONDS OR NOTES .................... .............................13
19. GENERAL CONDITIONS ................................................................... .............................14
19.1. Nonwaiver ..................................................................................... .............................14
19.2. The Board's Satisfaction ............................................................. ............................... 14
ii
19.3. Establishment of Facts .......................... ...............................
19.4. Relationship of Parties .......................... ...............................
19.5. Conditions for Exclusive Benefit of the Board ...................
19.6. Notices .................................................. ...............................
19.7. Amendment; Waiver ............................. ...............................
19.8. Rights and Remedies ............................ ...............................
19.9. Governing Law ..................................... ...............................
19.10. Third Parry Beneficiary ........................ ...............................
19.11. Prohibition Against Assignment ........... ...............................
19.12. Entire Agreement .................................. ...............................
19.13. Captions and Paragraph Headings ........ ...............................
19.14. Time of Essence .................................... ...............................
19.15. Binding Effect ....................................... ...............................
19.16. Severability ........................................... ...............................
19.17. 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 ofProject Manager
Exhibit "E" Construction Advance Request
Exhibit "F" Non - Construction Advance Request
iii
...... .............................14
...... .............................14
1d
..............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 2016, 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 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. "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 Proaxam 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
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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 Contract or
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 Reauest" means a written request from the Contracting
Party to the Board specifying the requested Construction Advance amount and the
disbursement date and making certifications to the Board, all as more specifically set forth in
the Construction Advance Request form, a copy of which is attached hereto as Exhibit `B."
1.15. "Construction Contracts" means the agreements between the Contracting Party
and the Contractors providing for the construction, equipping and furnishing of the Project.
1.16. "Construction Schedule" means a schedule of the construction, equipping and
furnishing of the Improvements from the commencement date of construction 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
QATCIA \Vision2025 SURPLUS10wassolDOg Park \CityotOwasso Dog Park REIMBURSEMENT AGP dm
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 BOKP, 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. "Engine ' 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 $400,000.00.
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."
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1.31. "Non - Constriction 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 Contacting 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 Contacting 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 Contacting 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 hnprovemants thereon and the occupancy thereof; (vi)
such delivery and compliance by the Contacting 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 Contacting 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. "Project' means the Improvements and the Land.
1.37. "Project Manager" means the project manager or construction manager who
executes the Project Manager Agreement.
1.38. " Proiect Manager Agreement" means the agreement between the Contracting
Party and the Project Manager regarding the Improvements.
1.34 "Resolution" means the Resolution of the Board described within Paragraph A of
the Recitals hereof.
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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 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.
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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;
42.3. Copy of all Construction Contracts;
4.2.4. Copy of all Governmental Approvals;
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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 1 I hereof or certificates
that such insurance is in full force and effect;
4.2.7 Copy of Payment and Performance Bonds;
4.2.8. Copy of all Bidding Documents;
4.2.9. Copies of all then- existing agreements executed by the Contracting Party
in connection with the acquisition, construction, equipping and furnishing of the Project,
not previously submitted to the Board;
4.2.10. Such other documents, certificates and instruments in connection with the
Project, in form and substance satisfactory to the Board or its Program Manager as the
Board or its Program Manager may reasonably request.
4.3. The Construction Advance complies and is in accordance with the Approved
Budget.
4.4 The representations and warranties set forth within Section 7 hereof shall be true
and correct on and as of the date of the pending Construction Advance with the effect as if made
on such date.
4.5 No Termination Event exists under this Agreement.
5. CONDITIONS PRECEDENT TO BOARD'S OBLIGATION TO MAKE NON -
CONSTRUCTION ADVANCES. It is expressly agreed that the Board's obligation to make any
Non - Construction Advance shall be subject to satisfaction of the following conditions, unless
waived by the Board at its sole discretion. In the event the Board elects to waive any
requirements or conditions contemplated herein with regard to any such Non - Construction
Advance, such waiver shall not preclude the Board from thereafter requiring full and complete
performance of all terms, conditions and requirements with regard to any subsequent Advance.
5.I. 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
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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.
5.3. The Non - Construction Advance complies and is in accordance with the Approved
Budget.
5.4. The representations and warranties set forth within Section 7 hereof shall be hue
and correct on and as of the date of the pending Non - Construction Advance with the effect as if
made on such date.
5.5. No Termination Event exists under this Agreement.
6. DISBURSEMENT PROCEDURE. Subject to compliance by the Contracting Party with
all the terms, provisions and conditions of this Agreement, including, but not limited to, the
conditions precedent set forth within Sections 3, 4 and 5 hereof, the Board will cause its
Depository to disburse sums to the Contracting Party, or to the appropriate payee, for the purpose
of paying Costs of Construction items specified in the Approved Budget, in accordance with the
following procedures:
6.1. Request for Construction Advance. Not less than fifteen (15) business days before
the date on which the Contracting Party desires a Construction Advance, but not more
frequently than monthly, the Contracting Party shall submit to the Board a Construction
Advance Request, which shall be accompanied by the following:
6.1.1. Application and Certificate for Payment dated as of the date of the
Request for Advance;
6.1.2. Billing statements, vouchers and invoices, in form and content satisfactory
to the Board, with regard to items that are the subject of the Construction Advance
Request;
6.1.3. If the Construction Advance is for the purpose of reimbursing the
Contracting Party for Costs of Construction previously paid by the Contracting Party,
evidence satisfactory to the Board of such prior payment;
6.1.4. If requested by the Board, appropriate waivers of lien rights, in form and
content satisfactory to the Board and its legal counsel, executed and acknowledged by all
Contractors, sub - contractors, laborers and materialmen who have furnished labor or
materials relating to the Improvements;
6.1.5. Authorization and Certification of Project Manager.
6.2. Request for Non - Construction Advance. Not less than fifteen (15) business days
before the date on which the Contracting Party desires a Non - Construction Advance, but not
Q:\ TCIA \Vision2025SURPLUS \Owasso\Dog Pa,kkCityolOwasso Dog Pmk REIMBURSEMENT AG2doc
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 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 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, 2017.
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.
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6.10. Construction Retainage. An amount equal to five percent (5 1/o) 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;
6.103 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 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.
I
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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
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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
constriction, 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, 2017.
11. INSURANCE. The Contracting Party shall, at all times during the construction of the
Improvements, maintain or cause the Contractors to maintain in full force and effect Builder's
Risk Insurance. In addition, the Contracting Party shall cause the Contractors at all times during
the construction of the Project to maintain general liability insurance in an amount reasonably
required by the Board and shall cause the Contractors to maintain worker's compensation
insurance as required by law.
12. CHANGE ORDERS. The Contracting Party shall deliver to the Board copies of all
Change Orders within five (5) business days after the respective dates 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
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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 (0.879 %) 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:
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Q_\TC(AMsio2025 SURPLUMwassoW g ParkTityol0wasso Dog Park REBdBURSWENTAGRA=
Tulsa County:
Board of County Commissioners
500 South Denver
Tulsa OK 74103
Attn: Chairman
Contracting Party:
City of Owasso, Oklahoma
11 I 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 maybe
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.
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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.
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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
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EXHIBIT "A"
DESCRIPTION OF IMPROVEMENTS
Construction of a dog park including training and recreation equipment, trails, parking, access to
a future walking trail with connectivity to the Tulsa trail system from Mohawk Park as well as to
future trails to the North leading into Owasso.
�f�i3�!_Ifslt�Fi
DESCRIPTION OF LAND
McCarty Park, 8200 North 91st East Avenue, Owasso Oklahoma.
EXHIBIT "C"
AUTHORIZATION AND CERTIFICATE OF PROGRAM MANAGER
With a reference to the attached Advance Request in connection with the Owasso Dog
Park 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 2016, 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 Dog Park 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 , 2016, 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 hnprovements 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
(1) 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 , 2016 (the
"Agreement'), regarding the Owasso Dog Park Project 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: CITY OF OWASSO, OKLAHOMA
By: Authorized Officer of the Contracting Party
APPROVED:
BOARD OF COUNTY COMMISSIONERS
OF TULSA COUNTY, OKLAHOMA
By:
Chairman
EXHIBIT "F"
NON - CONSTRUCTION ADVANCE REQUEST
TO: Board of County Commissioners of Tulsa County, Oklahoma
FROM: City of Owasso, Oklahoma
Owasso, Oklahoma
(the Contracting Party)
Pursuant to the Capital Improvements Agreement dated 2016, (the
"Agreement "), regarding the Owasso Dog Park Project 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.
By: Authorized Officer of the Contracting Party
APPROVED:
BOARD OF COUNTY COMMISSIONERS
OF TULSA COUNTY, OKLAHOMA
By:
Chairman
T out Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Scott Chambless
Chief of Police
SUBJECT: Supplemental Appropriation — Owasso First Assembly Donation
DATE: December 2, 2016
BACKGROUND
On November 6, 2016, Owasso First Assembly hosted a law enforcement appreciation event
during their regular Sunday morning worship service. The event focused on honoring Owasso
police officers and civilian staff. The Chief of Police was given the opportunity to speak with the
congregation about the importance of community support and partnership.
During the event, Pastor Bruce McCarty presented a check to the Chief of Police on behalf of
Owasso First Assembly in the amount of $2,600. The donation will be used to purchase exercise
equipment for the gym located in police headquarters. The appreciation event and the
donation are a great example of citizens coming together to support their local police
department.
RECOMMENDATION:
Staff recommends acceptance of the donation from Owasso First Assembly and approval of a
budget amendment in the Police Department, Half -Penny Sales Tax Fund, increasing the
estimated revenue and the appropriation for expenditures by $2,600.
The City Wit out Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Bronce L. Stephenson, MPA
Director of Community Development
SUBJECT: Public Hearing - Owasso Redbud District Project Plan and Increment District No. 1
DATE: December 2, 2016
PUBLIC HEARING:
The City Council is holding one of the two required Public Hearings on the possible creation of a
Tax Increment Financing (TIF) District in the downtown Owasso Redbud District area. The primary
purpose of the first hearing will be to provide information and to answer questions. The purpose
of the second public hearing shall be to give interested persons the opportunity to express their
views on the proposed plan.
The Oklahoma Constitution authorizes the development or redevelopment of areas determined
by a city, town, or county to be unproductive, undeveloped, underdeveloped, or blighted. The
Local Development Act provides tools to be used in cases where investment, development, and
economic growth in an area are difficult but possible if the Act is used.
One of the Act's tools is tax increment financing (TIF), which allows a city, town or county to
direct the apportionment of an increment of certain local taxes and fees to finance public
project costs in order to stimulate development in an area (the TIF district and the project area).
The increment is (a) the portion of ad valorem taxes produced by the increased value of the
property in the TIF district, measured from the date the ordinance creating the district is passed,
and /or (b) the portion of sales taxes collected each year that are generated by the projects in
the TIF district, as determined by a formula approved by the governing body.
The TIF district is established by the development and approval of a project plan, which specifies
the project area, the boundaries of the increment district, the objectives for the project area,
the activities to be carried out in furtherance of those objectives, and the costs.
BACKGROUND:
For many months, the City of Owasso has looked into the development of a Tax Increment
Financing District covering the downtown Owasso Redbud District area. Staff enlisted the help
of the Center for Economic Development Law (CEDL) to assist with the possible creation of a TIF
District. CEDL has assisted staff in ensuring that all statutory requirements have been met, and
has provided professional expertise in the area of TIF development and implementation.
As part of the analysis of a potential TIF, a parcel -by- parcel analysis of the TIF area was
performed. This analysis tries to determine the potential development that could take place on
each parcel and a timeline of when the development could take place. Staff ensured that very
conservative estimates were used when creating the TIF documents.
The TIF and its possible creation were discussed by the City Council at the August, September,
October and November Council work sessions. A TIF District was also discussed by the Owasso
Economic Development Authority during their August & November meetings. The Owasso
Planning Commission discussed TIF at their September, October and November regular
meetings.
TIMELINE:
Oklahoma State Statutes define a specific process for the creation of a TIF District. The following
outlines the process and target date for the creation of the TIF:
Steps for Considering and Creating a TIP District:
1. Governing Body Initiation of Process.
a. Governing body resolution establishes the review committee and appoints its
representative.
b. The Review Committee consists of:
1. A representative of the governing body, to serve as chairperson;
2. A representative of the planning commission, if applicable;
3. A representative designated by each taxing jurisdiction within the proposed TIF
district whose ad valorem taxes might be impacted by the project; and
4. Three members (at least one of whom represents the business community)
representing the public at -large and selected by the other Review Committee
members from a list of seven names submitted by the chairperson of the committee.
2. Review Committee Consideration.
a. Committee elects at -large members.
b. Committee studies proposed project and makes findings on eligibility of proposed project
area and TIF district.
c. Committee makes findings on financial impacts of proposed project upon affected
taxing jurisdictions and business activities in the proposed TIF district.
d. Committee makes a recommendation regarding approval of proposed project and
creation of TIF district.
3. Planning Commission Review.
a. Planning commission determines whether proposed project plan conforms with
comprehensive (master) plan, if applicable.
b. Planning commission makes a recommendation regarding approval of proposed project
plan.
4. Governing Body Consideration and Approval.
a. Governing body must hold two public hearings before adoption of a project plan - one
to provide information, including an analysis of potential impacts, and to answer questions,
and a second to give interested persons the opportunity to express their views on the
proposed project plan.
b. Governing body considers the findings and recommendation of the review committee
and the resolution and recommendation of the planning commission, if applicable.
c. Governing body makes final determination that the proposed TIF district meets the
eligibility criteria of the statute, including that the project area is an enterprise area, a
historic preservation area, or a reinvestment area.
d. Governing body makes finding that the improvement of the area is likely to enhance the
value of other real property in the area and to promote the general public interest.
e. Governing body adopts ordinance (or resolution) approving the project and establishing
the TIF district.
TIF REVIEW COMMITTEE:
On September 20, City Council approved Resolution 2016 -15 creating the TIF Review Committee.
The Review Committee consisted of the following members:
CITY OF OWASSO REPRESENTATIVES:
• Owasso City Council - Lyndell Dunn, Mayor
• Owasso Planning Commission- David Vines, Commissioner
TAXING JURISDICTIONS:
• Owasso Public Schools - Dr. Clark Ogilvie, Superintendent
• TulsaTech - Deidre Howard, Director of Finance
• Tulsa Community College - Sean Weins, VP of Administration
Tulsa City /County Health Department- Reggie Ivey, COO
• Tulsa City /County Library - Gail Morris, CFO
Tulsa County - John Smaligo, Commissioner
AT- LARGE:
• At Large 1 (Retail /Business Representative) - Heather Manuel, Urban Owasso
• At Large 2 - Nick Kila, Edward Jones
• At Large 3 - Dr. Jason Drake, Drake Chiropractic
The Review Committee, per Oklahoma State Statute, is tasked with making findings as to the
eligibility of the TIF; making a recommendation on the proposed Project Plan; and making
findings as to the Financial Impact of the taxing jurisdictions.
After three meetings, the Review Committee voted unanimously (11 -0) to recommend approval
of the Owasso Redbud District Project Plan and Increment District No. 1.
17Wt1rIzII [SZ�i�]ir►�iIF�IC•] A
The Owasso Planning Commission held a public hearing at a Special Meeting on November 21,
2016. The Planning Commission voted unanimously (4 -0) to recommend approval of Owasso
Redbud District Project Plan and Increment District No. 1, finding that the proposed TIF District is
in compliance with the GrOwasso 2030 Land Use Master Plan.
The TIF information has been placed on the City of Owasso website for public viewing and
notice of the two required public hearings has been posted and published in the public notice
section of the Tulsa World and the Owasso Reporter.
TIF ELIGIBILITY:
In order to establish a tax increment finance district, Section 856(13) (4) (a) of the Act requires that
the governing body adopt an ordinance that contains a finding that the Project Area or
Increment District meets one of the following criteria: (1) is a reinvestment area, (2) is a historic
preservation area, (3) is an enterprise area, or (4) is a combination of the areas specified in
divisions (1), (2) and (3) of this subparagraph. Please reference the attached "Eligibility Report."
A large part of the Project Area and Increment District is an enterprise area. All of the Project
Area and Increment District is a reinvestment area. Therefore, consistent with the Act's
requirements, the Project Area and Increment District is eligible for the establishment of a tax
increment district.
FINANCIAL IMPACT:
The ad valorem tax revenue generated from the base assessed value of property within the
increment district is distributed to the taxing jurisdictions according to each jurisdiction's levy.
Throughout the life of the project, the base revenue will continue to flow to the taxing
jurisdictions. In the event of a general reassessment of property values within the increment
district, the ad valorem tax revenue received by the taxing jurisdictions will be proportionately
adjusted. To this extent, the taxing jurisdictions are not affected by the implementation of tax
increment financing through ad valorem apportionment.
Once development of the property within the increment district occurs, the market value
increases, and so the assessed value of that property also increases. The difference between the
ad valorem tax revenue produced by this increased value and that produced by the base
assessed value —the incremental increase or increment —s apportioned (i.e. allotted) to an
apportionment fund that is used to pay the eligible public costs of the project either directly or
through the issuance of bonds.
This apportionment of ad valorem tax increments will continue for the lesser of a period of 25
fiscal years from the date of approval or until all eligible public costs are paid. Once the tax
apportionment period expires, the revenue from the increased assessed value of property within
the increment district will be divided among the taxing jurisdictions, in addition to the revenue
from the base assessed value that these entities will have continued to receive.
The proposed project will have a positive long -term financial benefit for the Owasso community,
affected taxing jurisdictions, and business activities. Correspondingly, no appreciable adverse
impact is likely to result from the project for the taxing jurisdictions or business activities within the
Project Area. The impact of anticipated development on the provision of governmental services
is balanced by the public improvements and infrastructure component in the Project Plan,
which addresses public costs associated with the project and minimizes the burden of providing
additional government services.
PROJECT PLAN:
The Owasso Redbud District Project Plan is a project plan as defined under the Oklahoma Local
Development Act, 62 O.S. §850, et seq., and is referred to here as the "Project Plan." The project
is being undertaken by the City of Owasso, Oklahoma ( "City ") to develop the area surrounding
Main Street, known as the Redbud District, achieve the City's development objectives, improve
the quality of life for its citizens, stimulate private investment, and enhance the tax base.
At the heart of this project is the creation of the Redbud District as a special and unique place
within Owasso, a place to live, work, shop, and play. Beginning with the Downtown Master Plan
in 2001, the City has prioritized the revival of its Main Street and surrounding area. Since that
time, through several planning documents, including approval of the Downtown Overlay District
promoting smart development in the area, and robust branding, the Redbud District is ripe for its
transformation. The City, through this Project Plan, is continuing its effort to revive its downtown
and make the Redbud District a destination area for residents and visitors.
The effort to create such a place requires public assistance to stimulate private development.
This Project Plan is a critical element in fostering public - private partnerships to create the type of
development that the City seeks but can achieve only by means of the financing tools available
under the Oklahoma Local Development Act, including tax increment financing.
An increment district provides funding for public sector costs to stimulate private development
and provide improvements to and beautification of the area to create the dense, high - quality
development that the City contemplates. The project will be financed from a combination of
public and private sources, including apportionment of ad valorem and sales tax increments
from Increment District No. 1, City of Owasso.
RECOMMENDATION:
Staff recommends the City Council hold a public hearing to provide information and to answer
questions on the Owasso Redbud District Project Plan and Increment District No. 1.
r_tir_T *1.UT,I4 ilk E.
Proposed TIF Adoption Schedule
Eligibility Report
Project Plan Recommended by Review Committee & Planning Commission
Financial Impacts Report
Planning Commission Resolution 2016 -02
Findings and Recommendation of the TIF Review Committee
Memo from CEDL to OEDA regarding impact of TIF on Owasso Public Schools
OWASSO REDBUD DISTRICT PROJECT
Proposed Adoption Schedule
October 25, 2016 Post Agenda of Review Committee first meeting
October 27, 2016 Review Committee first meeting
November 1, 2016 Post Agenda of Review Committee second meeting
November 3, 2016 Review Committee second meeting
November 10, 2016 Economic Development Authority meeting
November 15, 2016 Post Agenda of Review Committee third meeting
November 17, 2016 Review Committee third meeting
November 21, 2016 Planning Commission meeting — resolution re: conformance with
DRAFT 11 -4 -16
Subject to review and update
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DATE
EVENT
September 20, 2016
City Council resolution declaring intent to consider Project Plan and
appointing Review Committee
September 29, 2016
Letters to affected taxing jurisdictions requesting Review Committee
member selections
October 25, 2016 Post Agenda of Review Committee first meeting
October 27, 2016 Review Committee first meeting
November 1, 2016 Post Agenda of Review Committee second meeting
November 3, 2016 Review Committee second meeting
November 10, 2016 Economic Development Authority meeting
November 15, 2016 Post Agenda of Review Committee third meeting
November 17, 2016 Review Committee third meeting
November 21, 2016 Planning Commission meeting — resolution re: conformance with
DRAFT 11 -4 -16
Subject to review and update
Comprehensive Plan
November 21, 2016
Newspaper publication and website posting of notice of public
hearings; Project Plan and Economic Impacts Report on City Website
and at City Clerk's office
November 21, 2016
Notice of Hearings Mailed/Emailed to Registrants
December 6, 2016
City Council First Public Hearing of Ordinance Establishing TIF
December 20, 2016
City Council Second Public Hearing of Ordinance Establishing TIF
December 22, 2016
Request for determination of Base Assessed Value by County
Assessor, request for determination of sales tax base
December 22, 2016
Notice to Oklahoma Tax Commission and Oklahoma Department of
Commerce
Spring, 2017
Notice to School District of opportunity to protest Base Assessed
Value (send immediately after County Assessor certifies Base
Assessed Value)
DRAFT 11 -4 -16
Subject to review and update
OWASSO REDBUD DISTRICT PROJECT PLAN
INCREMENT DISTRICT NO. 1, CITY OF OWASSO
ELIGIBILITY REPORT
PREPARED BY:
THE CITY OF OWASSO, OKLAHOMA
�GttY OF OWASSO
q� 0
co N 9
\HD OF'THE
WITH THE ASSISTANCE OF:
CENTER FOR ECONOMIC DEVELOPMENT LAW
301 North Harvey, Suite 100
Oklahoma City, Oklahoma 73102
(405) 232 -4606
econlaw @econlaw.com
OWASSO REDBUD DISTRICT PROJECT PLAN
ELIGIBILITY REPORT
1. DESCRIPTION OF PROJECT
The Owasso Redbud District Project Plan ( "Project Plan') is being undertaken by the City of
Owasso, Oklahoma ( "City ") in order to develop the area surrounding Main Street, known as the Redbud
District, achieve the City's development objectives, improve the quality of life for its citizens, stimulate
private investment, and enhance the tax base. At the heart of the project is the creation of the Redbud
District as a special and unique place within Owasso, a place to live, work, shop, and play. Such a goal
requires public assistance to stimulate private development. The Project Plan is a critical element in
fostering public - private partnerships to createthe type of development that the City seeks but can achieve
only by means of the financing tools available under the Oklahoma Local Development Act, 62 O.S. § 850,
et seq. ( "Act ").
II. BOUNDARIES OF PROJECT AREA AND INCREMENT DISTRICT
The boundaries of the Project Area and Increment District are the same and are generally located
within the following boundaries: beginning at the western terminus of North Carlsbad Street, east along
West 3rd Street to the east side of North Atlanta Street, north one lot, then east one lot, then north to
West 4th Street, then east along West 4th Street to North Main Street, south to one lot north of West 3rd
Street, then east along West 3rd Street to one lot before Cedar Street, south to East 2nd Street, then east
along East 2nd Street to the west Owasso Expressway service road, then south along Owasso Expressway
to East 71st Street, west generally along East 71st Street to South Main Street, north to West 5th Avenue,
west to North Mingo Road, north along Mingo Road to West 2nd Avenue (E 76th St N), east along West
2nd Avenue to the western side of the Owasso Sertoma Center, north to the railroad tracks, then across
the railroad tracks back to North Carlsbad Street and West 3rd Street.
The Project Area and Increment District boundaries are depicted on Exhibit A. The Project Area
and Increment District boundaries are described on Exhibit B.
III. ELIGIBILITY OF PROJECT AREA AND INCREMENT DISTRICT
In order to establish a tax increment finance district, Section 856(B)(4)(a) of the Act requires that
the governing body adopt an ordinance that contains a finding that the Project Area or Increment District
meets one of the following criteria: (1) is a reinvestment area, (2) is a historic preservation area, (3) is an
enterprise area, or (4) is a combination of the areas specified in divisions (1), (2) and (3) of this
subparagraph. The Project Area qualifies as a combination of areas.
A. Enterprise Area. A large portion of the Project Area and Increment District qualifies as an
enterprise area under the Act. Such portion has been designated as an Enterprise Zone by the Oklahoma
Department of Commerce. Therefore, it meets the relevant grounds for eligibility as an enterprise area.
Sections 853(5) and (6) of the Act define an "enterprise area" as "an enterprise zone as designed by the
Department of Commerce pursuant to the provisions of Section 690.3 of this title or as designated by the
federal government" A current map of Oklahoma Department of Commerce Enterprise Zones in the
Project Area and Increment District is attached as Exhibit C.
7
B. Reinvestment Area. The Project Area and Increment District also qualifies as a
reinvestment area under the Act. 62 O.S. §853(17) defines "reinvestment area" as:
any area located within the limits of a city, town or county requiring public improvements,
including but not limited to transportation - related projects identified by any
transportation authority pursuant to Section 1370.7 of Title 68 of the Oklahoma Statutes,
to reverse economic stagnation or decline, to serve as a catalyst for retaining or
expanding employment, to attract major investment in the area orto preserve or enhance
the tax base or in which fifty percent (50 %) or more of the structures in the area have an
age of thirty -five (35) years or more. Such an area is detrimental to the public health,
safety, morals or welfare. Such an area may become a blighted area because of any one
or more of the following factors: dilapidation; obsolescence; deterioration; illegal use of
individual structures; presence of structures below minimum code standards;
abandonment; excessive vacancies; overcrowding of structures and community facilities;
lack of ventilation, light or sanitary facilities; inadequate utilities; excessive land coverage;
deleterious land use or layout; depreciation of physical maintenance; and lack of
community planning. Such an area includes a blighted area as defined in Section 38 -101
of Title 11 of the Oklahoma Statutes at the time of approval of the project plan.
The Project Area and Increment District qualifies as a reinvestment area because it lies in an area
requiring public improvements to reverse economic stagnation and attract investment. The condition and
capacity of water and sewer lines in the Project Area cannot withstand additional development. The
utilities are inadequate and require upgrade to support the City's objectives. The poor condition of streets
and alleys, as well as a lack of public parking, negatively impact the ability to attract investment and
expand employment in the area.
C. Eligibility. A large part of the Project Area and Increment District is an enterprise area.
All of the Project Area and Increment District is a reinvestment area. Therefore, consistent with the Act's
requirements, the Project Area and Increment District is eligible for the establishment of a tax increment
district.
IV. EXHIBITS
A. Project Area and Increment District Boundaries Map
B. Project Area and Increment District Legal Description
C. Partial Project Area and Increment District Enterprise Zone Map
3
Exhibit A
Project Area and Increment District No.1 Boundaries
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Exhibit B
Project Area and Increment District No. 1 Boundaries Legal Description
Beginning at the southeast corner of Lot 6, Block 1 of the Owasso Industrial Park, a subdivision
in the City of Owasso, Tulsa County, Oklahoma, Thence west along said south lot line a distance
of 57 feet, thence north along said lot line a distance of 283 feet, Thence west along south lot of
said lot a distance of 490 feet, Thence north along said lot line a distance of 24 feet, Thence
west along said lot line a distance of 41 feet, Thence north along said lot line a distance of 240.2
feet to the northwest corner of said Lot 6, Thence to a point 17.45 feet north and 50.26 feet
west of northwest corner of said Lot 6, Thence west a distance of 393.5 feet to a point 149.63
feet south of the southwest corner of Lot 1, Block 1 of Owasso Industrial Parks Phase IV, a
subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence north a distance of 332.1
feet to the Northwest corner of said Lot 1, Block 1, Thence east a distance of 87.7 feet to a
point on the north lot line of said Lot 1, Block 1, Thence north a distance of 255 feet to a point
165 feet south and 310 feet east of the southwest corner of Lot 5, Block 1 of Ivadel, a
subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence west a distance of 310 feet
to a point 165 feet south of said Lot 5, Block 1, Thence north a distance of 495 feet to the
northwest corner of Lot 1, Block 1, of Ivadel, a subdivision in the City of Owasso, Tulsa County,
Oklahoma, Thence west a distance of 457.07 feet to the southwest corner of Lot 4, Block 34,
Owasso Original Town, a subdivision in the City of Owasso, Tulsa County, Oklahoma, also a
point on the east right -of -way line of the Southern Kansas Oklahoma Railroad right -of -way,
Thence north along said railroad right -of way a distance of 994.2 feet, Thence continuing north
along said railroad right -of -way a distance of 385.2 feet, Thence north a distance of 55 feet
along the quarter section line to a point on the east right -of -way of said railroad, thence
northwest along said railroad right -of -way a distance of 95.2 feet, Thence west a distance of
35.7 feet along said railroad right -of -way, Thence northwest along said railroad right -of -way a
distance of 331.4 feet, Thence east a distance of 141.8 feet to a point on the east right -of -way
of said railroad, also a point on the south right -of -way of West Broadway Street, Thence
northwest along said railroad right -of -way a distance of 1213.8 feet to the to the northwest
corner of Lot 11, Block 8, of Greenlees, a subdivision in the City of Owasso, Tulsa County,
Oklahoma, Thence east along said north line of said subdivision a distance of 202.94 feet to the
southwest corner of Lot 10, Block S, of Starlane, a subdivision in the City of Owasso, Tulsa
county, Oklahoma, Thence north along the west line of said Lot 10 a distance of 125 feet to the
northwest corner of said Lot 10, also a point on the south right -of -way of West Third Street
North, a street in the City of Owasso, Thence east along said right -of -way a distance of 885.1
feet to the northwest corner of Lot 4, Block 6, Owasso Original Town, a subdivision in the City of
Owasso, Tulsa County, Oklahoma, Thence north along the east right -of -way of North Atlanta
Street West a distance of 138.1 feet to the northwest corner of Lot 2, Block 3 of the said
1
subdivision, Thence east a distance of 162.1 feet to the southeast corner of Lot 16, Block 2, of
Crestview Estates, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence north a
distance of 150 feet to a point on the east line of Lot 14, Block 2 of said subdivision, Thence east
5 feet to a point on the east line of Lot 14, Block 2 of said subdivision, Thence north 340.4 feet
to the northeast corner of Lot 9, Block 2 of said subdivision, Thence east 18.73 feet to the
southeast corner of Lot 1, Block 2 of said subdivision, Thence north along the east line of said
Lot 1 a distance of 139.07 feet to the northeast corner of said lot, also a point on the south
right -of -way line of West Fourth Street North, a street in the City of Owasso, Thence east
along said south right -of -way line a distance of 121.2 to a point on the west right -of -way line of
North Main Street, a street in the City of Owasso, Thence south along said west right -of -way
line a distance of 305 feet, Thence east a distance of 75 feet to a point on the east right -of -way
line of North Main Street, a street in the City of Owasso, Thence south along the said east right -
of -way line a distance of 5 feet, Thence west 75 feet to a point on the west right -of -way of said
street, Thence south along the said west right -of -way a distance of 95 feet, Thence east along
said west right -of -way a distance of 5 feet, Thence south along said west right -of -way a
distance of 80.38 feet, Thence east a distance of 70 feet to a point on the said east right -of -way
line, Thence south along said east right -of -way a distance of 150 feet, also a point on the north
line of Lot 2, Block 2, of Owasso Original Town, a subdivision in the City of Owasso, Tulsa
County, Oklahoma, Thence east a distance 653.2 feet to the northeast corner of Lot 1, Block 1
of said subdivision, Thence south a distance of 453.85 feet to the southwest corner of Lot 13,
Block 6, of Wilawood, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence east
a distance of 1,190.2 feet to the southeast corner of Lot 15, Block 5 of said subdivision, also a
point on the west right -of -way of the Mingo Valley Expressway, Thence south along said right -
of -way a distance of 210 feet to northeast corner of Lot 1, Block 1, Forrest Drive Industrial Park,
a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence south along east line of
said Lot 1 a distance of 75.5 feet, Thence southwest a distance of 604.82 feet to the southeast
corner of Lot 6, Block 1, of Forrest Drive Industrial Park, a subdivision in the City of Owasso,
Tulsa County, Oklahoma, Thence west along the south line of said Lot 6, a distance of 47.58
feet, Thence south along the right -of -way of Mingo Valley Expressway a distance of 161.4 feet,
thence southwest along said right -of -way a distance of 235.4 feet, thence southwest along said
right -of -way a distance 159.1 feet, Thence west along said right -of -way a distance of 208.3 feet,
Thence south along said right -of -way a distance of 113.2 feet, Thence west 247.8 feet along
said right -of -way to the southwest corner of Safeway, a subdivision in the City of Owasso, Tulsa
County, Oklahoma, Thence south 110.56 feet to the northeast corner of Lot 1, Block 1,
Dogwood Center, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence south
along said lot east line a distance of 37.5 feet, Thence east a distance of 257 feet to the
northeast corner of Lot 1, Block 2, Owasso Business Park, a subdivision in the City of Owasso,
Tulsa County, Oklahoma, Thence south along the east line of said lot a distance of 125 feet,
2
Thence east along the north line of said lot a distance of 200 feet to the northeast corner of
said Lot 1, Thence southwest a distance of 247.06 feet to the southeast corner of said Lot 1,
Thence continuing southwest a distance of 42.94 feet to a point on the east line of Lot 4, Block
2, of said subdivision, Thence southwest a distance of 303.51 feet to the southeast corner of Lot
5, Block 2 of said subdivision, Thence east a distance of 163.68 feet to the southwest corner of
Lot 2, Block 3, of said subdivision, Thence northeast a distance of 246.55 feet to a point on the
west line of Lot 1, Block 3, of said subdivision, Thence north a distance of 250.56 feet to the
northwest corner of said Lot 1, Thence southeast a distance of 35.49 feet to the northeast
corner of said Lot 1, Thence southeast a distance of 455.7 feet to the southeast corner of Lot 2,
Block 3 of said subdivision, also a point on the west right -of -way line of Mingo Valley
Expressway, Thence southeast along the west right -of -way of Mingo Valley Expressway a
distance of 93.2 feet, Thence southeast along the west right -of -way of Mingo Valley Expressway
a distance of 225.1 feet, Thence south along west right -of -way of Mingo Valley Expressway a
distance of 796.9 feet to a point on the south right -of -way line of Fifth Avenue, a street in the
City of Owasso, Thence south along the west right -of -way of Mingo Valley Expressway a
distance of 786.60 feet, Thence west a distance of 586.68 feet to the southeast corner of Lot 6,
Block 1, Owasso Industrial Park, a subdivision in the City of Owasso, Tulsa County, Oklahoma,
the Point of Beginning, containing 207 acres, more or less.
TIM,
Beginning at the northwest corner of Lot 1, Block 1, Atchison Topeka & Santa Fe, a subdivision
in the City of Owasso, Tulsa County, Oklahoma, Thence southeast along said lot line a distance
of 974.78 feet, Thence continuing southeast along the Southern Kansas Oklahoma railroad
right -of -way a distance 619.4 feet to a point on the north right -of -way of East 76th Street North,
a street in the City of Owasso, Thence continuing southeast along the said railroad right -of -way
a distance of 88.7 feet to a point on the south right -of -way of East 76th Street North, Thence
continuing southeast along the said railroad right -of -way a distance of 510.6 feet, thence east
along said railroad right -of -way a distance of 19.6 feet to the east line of the N/2 NW /4 of
Section 31, T -21 -N, R -13 -E, Thence south a distance of 785.3 feet to the SE corner of said N/2
NW /4, Thence west along the south line of said N/2 NW /4 a distance of 2,633.6 feet to a point
on the east right -of -way of North Mingo Road, a street in Tulsa County, Thence north along said
east right -of -way of North Mingo Road a distance of 1261.4 feet to a point on the south right -
of -way of East 76th Street North, Thence east along said south right -of -way line a distance of
1318.1 feet, Thence north along said south right -of -way line a distance of 10.00 feet, Thence
east along said south right -of -way line a distance of 215.0 feet, Thence north a distance of 300
feet, Thence east a distance of 148 feet to a point on the west line of Lot 1, Block 1, Atchison
Topeka & Santa Fe, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence north
3
along the west line of said Lot 1 a distance of 1150.6 feet to the northwest corner of Lot 1,
Block 1, Atchison Topeka & Santa Fe, the Point of Beginning, containing 94 acres, more or less.
Exhibit C
Enterprise Zone Designation
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Recommended by Review Committee
Adopted
OWASSO REDBUD DISTRICT PROJECT PLAN
INCREMENT DISTRICT NO. 1, CITY OF OWASSO
PREPARED BY:
THE CITY OF OWASSO, OKLAHOMA
G`jY OF OWgssO 0
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WITH THE ASSISTANCE OF:
CENTER FOR ECONOMIC DEVELOPMENT LAW
301 North Harvey, Suite 100
Oklahoma City, Oklahoma 73102
(405) 232 -4606
econlaw @econlaw.com
Recommended by Review Committee
OWASSO REDBUD DISTRICT PROJECT PLAN
I. INTRODUCTION
The Owasso Redbud District Project Plan is a project plan as defined under the Oklahoma Local
Development Act, 62 O.S. 4850, et seq., and is referred to here as the "Project Plan." The project is
being undertaken by the City of Owasso, Oklahoma ( "City ") to develop the area surrounding Main
Street, known as the Redbud District, achieve the City's development objectives, improve the quality of
life for its citizens, stimulate private investment, and enhance the tax base. At the heart of this project is
the creation of the Redbud District as a special and unique place within Owasso, a place to live, work,
shop, and play. Beginning with the Downtown Master Plan in 2001, the City has prioritized the revival of
its Main Street and surrounding area. Since that time, through several planning documents, including
approval of the Downtown Overlay District promoting smart development in the area, and robust
branding, the Redbud District is ripe for its transformation. The City, through this Project Plan, is
continuing its effort to revive its downtown and make the Redbud District a destination area for
residents and visitors.
The effort to create such a place requires public assistance to stimulate private development.
This Project Plan is a critical element in fostering public - private partnerships to create the type of
development that the City seeks but can achieve only by means of the financing tools available under
the Oklahoma Local Development Act, including tax increment financing. An increment district provides
funding for public sector costs to stimulate private development and provide improvements to and
beautification of the area to create the dense, high - quality development that the City contemplates.
The project will be financed from a combination of public and private sources, including apportionment
of ad valorem and sales tax increments from Increment District No. 1, City of Owasso.
II. BOUNDARIES OF PROJECT AREA AND INCREMENT DISTRICT
The Project Area is the area in which project activities will take place and is generally located
within the following boundaries: beginning at the western terminus of North Carlsbad Street, east along
West 3rd Street to the east side of North Atlanta Street, north one lot, then east one lot, then north to
West 4th Street, then east along West 4th Street to North Main Street, south to one lot north of West
3rd Street, then east along West 3rd Street to one lot before Cedar Street, south to East 2nd Street, then
east along East 2nd Street to the west Owasso Expressway service road, then south along Owasso
Expressway to East 71st Street, west generally along East 71st Street to South Main Street, north to
West 5th Avenue, west to North Mingo Road, north along Mingo Road to West 2nd Avenue (E 76th St
N), east along West 2nd Avenue to the western side of the Owasso Sertoma Center, north to the
railroad tracks, then across the railroad tracks back to North Carlsbad Street and West 3rd Street.
The Increment District is designated Increment District No. 1, City of Owasso, and is the area
from which the increment is generated. Increment District No. 1 is the same area as the Project Area.
The Project Area and Increment District No. 1 boundaries are depicted on Exhibit A. The Project Area
and Increment District No. 1 boundaries are described on Exhibit B.
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Recommended by Review Committee
III. ELIGIBILITY OF PROJECT AREA
Most of the Project Area is an enterprise area, as defined by the Oklahoma Local Development
Act. It lies within an enterprise zone, designated by the Oklahoma Department of Commerce to be a
disadvantaged portion of the City of Owasso. All of the Project Area is a reinvestment area, as defined
by the Oklahoma Local Development Act. Public improvements are required to reserve economic
stagnation or decline, to serve as a catalyst for expanding employment, to attract investment, and to
preserve and enhance the tax base.
Investment, development, and economic growth in the area are difficult, but possible if the
provisions of the Local Development Act are used. The Project Area is unproductive, undeveloped,
underdeveloped, or blighted within the meaning of Article 10, §6C of the Oklahoma Constitution, and
suffers from conditions inhibiting development.
The principal objectives of the project and Increment District No. 1 are:
A. To achieve development goals and objectives for the Redbud District contained in the
Downtown Master Plan, the Downtown Overlay District Plan, and the GrOwasso 2030
Land Use Master Plan.
B. To preserve and enhance the tax base and make possible investment, development, and
economic growth that would otherwise be difficult without the project and the
apportionment of incremental ad valorem and sales tax revenues.
C. To support the creation of attractive, high - quality, and viable mixed -use developments
to draw residents and visitors.
D. Where appropriate, to support the development, improvement, and /or expansion of
light industry to increase employment.
E. To encourage existing property and business owners in the Redbud District to invest and
to attract new investment and business to the Project Area.
F. To provide start-up and incubator space to new and expanding businesses and to
promote small- business - friendly opportunities for innovation and collaboration in the
Project Area.
G. To stimulate and promote the Redbud District as a walkable, vibrant destination.
H. To provide a public benefit through the construction of public infrastructure and
improvements to allow for the development of the area.
V. STATEMENT OF PRINCIPAL ACTIONS
Implementation actions for the project, including all necessary, appropriate and supportive
steps, will consist principally of the following:
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Recommended by Review Committee
A. Project planning, design and approval.
B. Public infrastructure improvements.
C. Development of mixed -use projects, as well as retail, restaurant, residential, and office
projects.
D. Enhancement of existing businesses and encouragement of new businesses.
E. Creation of start-up and incubator spaces for new and expanding businesses.
VI. ESTABLISHMENT OF INCREMENT DISTRICT NO. 1, CITY OF OWASSO
A. This Project Plan creates Increment District No. 1, City of Owasso, an ad valorem and
sales tax increment district.
B. The sales tax increment is a portion of the City's sales taxes generated within Increment
District No. 1, to be determined by a formula to be approved by resolution of the Owasso City Council in
accordance with the Oklahoma Local Development Act.
C. The ad valorem increment is the ad valorem revenue in excess of the revenue generated
by the base assessed value of Increment District No. 1 (as determined by the Tulsa County Assessor in
accordance with the Oklahoma Local Development Act), i.e., the new revenue attributable to increases
in the value of property within Increment District No. 1.
D. The ad valorem and sales tax increment may be used to pay Project Costs authorized by
Section Vlll of this Project Plan for a period not to exceed twenty -five (25) fiscal years from the effective
date of Increment District No. 1, as provided by law, or the period required for payment of the Project
Costs authorized by Section Vlll, whichever is less. During the period of apportionment, the tax
apportionment fund (1) shall be available to pay Project Costs under Section VIII, (2) shall constitute
special funds of the City, or, at the direction of the City, the Owasso Public Works Authority, a public
trust, or another public entity designated by the City, and (3) shall not be subject to annual
appropriation as a part of the general fund of the City.
VII. PROJECT AND INCREMENT DISTRICT AUTHORIZATIONS
A. The City is designated and authorized as the principal public entity to carry out and
administer the provisions of this Project Plan and to exercise all powers necessary or appropriate
thereto as provided in the Oklahoma Local Development Act, 62 O.S. §854.
B. The Owasso Public Works Authority (OPWA), or another public entity designated by the
City pursuant to Section VI, is authorized and designated to carry out implementation actions for the
project, including all necessary, appropriate, and supportive steps pursuant to development agreements
with private developers. Such public entity is also authorized and designated to carry out those
provisions of the project related to issuance of bonds or notes as provided in Sections 854(B) and 863 of
the Oklahoma Local Development Act, subject to approval of the governing body of the City of any
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Recommended by Review Committee
specific notes or bonds. OPWA is authorized to assist in carrying out this Project Plan and to exercise all
powers necessary or appropriate thereto pursuant to Section 854 of the Oklahoma Local Development
Act, except for approval of this Project Plan and those powers enumerated in paragraphs 1, 2, 3, 4, 7, 13
and 16 of Section 854. As a public entity designated by the City, OPWA or another public entity
designated by the City is authorized to: (1) issue tax apportionment bonds or notes, or both; (2) pledge
revenues from current and future fiscal years to repayment; (3) incur Project Costs pursuant to Section
VIII of this Project Plan; (4) provide funds to or reimburse the City for the payment of Project Costs and
other costs incurred in support of the implementation of the project; and (5) incur the cost of issuance
of bonds for payment of such costs and to accumulate appropriate reserves, if any, in connection with
them. Project Costs shall mean (a) the public costs authorized to be paid pursuant to Section VIII of this
Project Plan, and (b) costs necessary or appropriate to implement this Project Plan other than costs
authorized by Section VIII, which may be authorized without amendment to this Project Plan.
C. The City Manager, Warren Lehr, or his successor in office shall be the person in charge
of implementation of the Project Plan in accordance with the provisions, authorizations, and respective
delegations of responsibilities contained in this Project Plan.
VIII. BUDGET OF ESTIMATED PROJECT COSTS TO BE FINANCED BY TAXES APPORTIONED FROM
INCREMENT DISTRICT NO. 1, CITY OF OWASSO
A. The Project Costs will be financed by the apportionment of ad valorem and sales tax
increments from Increment District No. 1. The Project Costs categories are:
Assistance in Development Financing $ 13,800,000.00
Public Infrastructure, Facilities, and Improvements $ 3,000,000.00
Implementation and Administration $ 200,000.00
TOTAL Project Costs $ 17,000,000.00
Plus any financing costs, costs of issuance, necessary or appropriate reserves, and interest on repayment
of Project Costs.
B. Additional costs necessary or appropriate to implement this Project Plan that are to be
financed by other than apportioned tax increments may be approved by the City at any time. The
provisions of this Section VIII are not a limitation on Project Costs to be financed by other than
apportioned tax increments.
C. Assistance in Development Financing will be provided only for projects that are
determined, in the City's and /or OPWA's discretion: (1) to meet the City's approved development goals
and objectives for the Project Area, as expressed from time to time in the City's plans and policies, and
(2) to provide adequate consideration and public benefit in return for the public investment.
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Recommended by Review Committee
IX. FINANCING PLAN AND REVENUE SOURCES
A. Financing Plan.
Some public improvements, in anticipation of private investment, will be funded by the City
from sources other than apportioned tax increments, which may be reimbursed once increment is
generated by the development within Increment District No. 1.
Private developers within the Project Area may be required to construct the necessary
improvements for specific projects at their initial expense. The financing of private developments will
be provided by private equity and private financing. Most Project Costs incurred in connection with the
implementation of the Project Plan will be financed on a pay -as- you -go basis.
B. Financing Authorizations.
Without assistance, development of this type and on this scale within the Project Area would
not occur. The implementation of the Project Plan shall be financed in accordance with financial
authorizations, authorized from time to time by the City.
C. Financing Revenue Sources.
The revenue sources expected to finance Project Costs authorized by Section VIII are the
incremental ad valorem and sales tax revenues attributable to investment and development within
Increment District No. 1.
D. Financial Reports and Audits.
The development activities undertaken by the City, pursuant to this Project Plan, shall be
accounted for and reported by the appropriate and necessary annual fiscal year audits and reports.
E. Other Necessary and Supporting Costs.
OPWA or another public entity designated by the City pursuant to Section VI, is authorized to
issue bonds and notes and to apply for and obtain grants from other sources for costs incurred or to be
incurred in connection with the project and the construction of improvements therein in addition to
Project Costs to be financed pursuant to Section VIII.
X. PRIVATE AND PUBLIC INVESTMENTS EXPECTED FOR THE PROJECT
A. Private and Public Investments Expected from the project and Increment District No. 1.
The total private investment in the Project Area if fully realized is estimated to exceed
$100,000,000.00. Private investment in Increment District No. 1 is expected to consist of new mixed -use
developments, expansion of existing businesses, creation of new businesses, development of new retail,
restaurant, residential, and office projects, and light industrial development (where appropriate). Public
investment will include public infrastructure improvements and assistance in development financing to
support private investment and enhance new and existing businesses.
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Recommended by Review Committee
B. Public Revenue Estimated to Accrue from the Project and Increment District No. 1.
The estimated incremental increases in tax revenue, which will serve as the revenue source for
financing the Project Costs authorized by Section VIII, is the public revenue directly attributable to the
project described herein. Both the City and the State will experience increases in tax revenues that are
not a part of Increment District No. 1. Ad valorem taxing entities will experience additional revenues
from increasing values within the surrounding area but outside of Increment District No. 1.
Incremental sales tax revenues are estimated to range between $35,000 and $75,000 annually.
Incremental ad valorem revenues are estimated to range between $280,000 and $1,350,000 annually.
Total incremental revenues estimated to be generated over the 25 -year lifespan of Increment District
No. 1 range between $18,000,000 and $25,000,000.
The developments anticipated by the project will not result in a measurable increase in demand
for services by or in costs to the affected taxing entities. The economic benefits of the project for the
affected taxing jurisdictions indicate positive financial impacts for the entire community. The aggregate
impacts from implementation of the Project Plan are positive and include the achievement of the
objectives set forth in Section IV.
XI. LAND USE
Existing uses and conditions of real property in Increment District No. 1 are shown on the
attached Exhibit C. A map showing the proposed improvements to and proposed uses of the real
property in Increment District No. 1 is attached Exhibit D. Implementation of the Project Plan requires
no changes to the GrOwasso 2030 Land Use Master Plan or zoning. The Project Plan complies with the
objectives and priorities of the GrOwasso 2030 Land Use Master Plan.
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Exhibit A
Project Area and Increment District No.1 Boundaries
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Exhibit B
Project Area and Increment District No. 1 Boundaries Legal Description
Beginning at the southeast corner of Lot 6, Block 1 of the Owasso Industrial Park, a subdivision
in the City of Owasso, Tulsa County, Oklahoma, Thence west along said south lot line a distance
of 57 feet, thence north along said lot line a distance of 283 feet, Thence west along south lot of
said lot a distance of 490 feet, Thence north along said lot line a distance of 24 feet, Thence
west along said lot line a distance of 41 feet, Thence north along said lot line a distance of 240.2
feet to the northwest corner of said Lot 6, Thence to a point 17.45 feet north and 50.26 feet
west of northwest corner of said Lot 6, Thence west a distance of 393.5 feet to a point 149.63
feet south of the southwest corner of Lot 1, Block 1 of Owasso Industrial Parks Phase IV, a
subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence north a distance of 332.1
feet to the Northwest corner of said Lot 1, Block 1, Thence east a distance of 87.7 feet to a
point on the north lot line of said Lot 1, Block 1, Thence north a distance of 255 feet to a point
165 feet south and 310 feet east of the southwest corner of Lot 5, Block 1 of Ivadel, a
subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence west a distance of 310 feet
to a point 165 feet south of said Lot 5, Block 1, Thence north a distance of 495 feet to the
northwest corner of Lot 1, Block 1, of Ivadel, a subdivision in the City of Owasso, Tulsa County,
Oklahoma, Thence west a distance of 457.07 feet to the southwest corner of Lot 4, Block 34,
Owasso Original Town, a subdivision in the City of Owasso, Tulsa County, Oklahoma, also a
point on the east right -of -way line of the Southern Kansas Oklahoma Railroad right -of -way,
Thence north along said railroad right -of way a distance of 994.2 feet, Thence continuing north
along said railroad right -of -way a distance of 385.2 feet, Thence north a distance of 55 feet
along the quarter section line to a point on the east right -of -way of said railroad, thence
northwest along said railroad right -of -way a distance of 95.2 feet, Thence west a distance of
35.7 feet along said railroad right -of -way, Thence northwest along said railroad right -of -way a
distance of 331.4 feet, Thence east a distance of 141.8 feet to a point on the east right -of -way
of said railroad, also a point on the south right -of -way of West Broadway Street, Thence
northwest along said railroad right -of -way a distance of 1213.8 feet to the to the northwest
corner of Lot 11, Block 8, of Greenlees, a subdivision in the City of Owasso, Tulsa County,
Oklahoma, Thence east along said north line of said subdivision a distance of 202.94 feet to the
southwest corner of Lot 10, Block 5, of Starlane, a subdivision in the City of Owasso, Tulsa
county, Oklahoma, Thence north along the west line of said Lot 10 a distance of 125 feet to the
northwest corner of said Lot 10, also a point on the south right -of -way of West Third Street
North, a street in the City of Owasso, Thence east along said right -of -way a distance of 885.1
feet to the northwest corner of Lot 4, Block 6, Owasso Original Town, a subdivision in the City of
Owasso, Tulsa County, Oklahoma, Thence north along the east right -of -way of North Atlanta
Street West a distance of 138.1 feet to the northwest corner of Lot 2, Block 3 of the said
1
subdivision, Thence east a distance of 162.1 feet to the southeast corner of Lot 16, Block 2, of
Crestview Estates, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence north a
distance of 150 feet to a point on the east line of Lot 14, Block 2 of said subdivision, Thence east
5 feet to a point on the east line of Lot 14, Block 2 of said subdivision, Thence north 340.4 feet
to the northeast corner of Lot 9, Block 2 of said subdivision, Thence east 18.73 feet to the
southeast corner of Lot 1, Block 2 of said subdivision, Thence north along the east line of said
Lot 1 a distance of 139.07 feet to the northeast corner of said lot, also a point on the south
right -of -way line of West Fourth Street North, a street in the City of Owasso, Thence east
along said south right -of -way line a distance of 121.2 to a point on the west right -of -way line of
North Main Street, a street in the City of Owasso, Thence south along said west right -of -way
line a distance of 305 feet, Thence east a distance of 75 feet to a point on the east right -of -way
line of North Main Street, a street in the City of Owasso, Thence south along the said east right -
of -way line a distance of 5 feet, Thence west 75 feet to a point on the west right -of -way of said
street, Thence south along the said west right -of -way a distance of 95 feet, Thence east along
said west right -of -way a distance of 5 feet, Thence south along said west right -of -way a
distance of 80.38 feet, Thence east a distance of 70 feet to a point on the said east right -of -way
line, Thence south along said east right -of -way a distance of 150 feet, also a point on the north
line of Lot 2, Block 2, of Owasso Original Town, a subdivision in the City of Owasso, Tulsa
County, Oklahoma, Thence east a distance 653.2 feet to the northeast corner of Lot 1, Block 1
of said subdivision, Thence south a distance of 453.85 feet to the southwest corner of Lot 13,
Block 6, of Wilawood, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence east
a distance of 1,190.2 feet to the southeast corner of Lot 15, Block 5 of said subdivision, also a
point on the west right -of -way of the Mingo Valley Expressway, Thence south along said right -
of -way a distance of 210 feet to northeast corner of Lot 1, Block 1, Forrest Drive Industrial Park,
a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence south along east line of
said Lot 1 a distance of 75.5 feet, Thence southwest a distance of 604.82 feet to the southeast
corner of Lot 6, Block 1, of Forrest Drive Industrial Park, a subdivision in the City of Owasso,
Tulsa County, Oklahoma, Thence west along the south line of said Lot 6, a distance of 47.58
feet, Thence south along the right -of -way of Mingo Valley Expressway a distance of 161.4 feet,
thence southwest along said right -of -way a distance of 235.4 feet, thence southwest along said
right -of -way a distance 159.1 feet, Thence west along said right -of -way a distance of 208.3 feet,
Thence south along said right -of -way a distance of 113.2 feet, Thence west 247.8 feet along
said right -of -way to the southwest corner of Safeway, a subdivision in the City of Owasso, Tulsa
County, Oklahoma, Thence south 110.56 feet to the northeast corner of Lot 1, Block 1,
Dogwood Center, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence south
along said lot east line a distance of 37.5 feet, Thence east a distance of 257 feet to the
northeast corner of Lot 1, Block 2, Owasso Business Park, a subdivision in the City of Owasso,
Tulsa County, Oklahoma, Thence south along the east line of said lot a distance of 125 feet,
2
Thence east along the north line of said lot a distance of 200 feet to the northeast corner of
said Lot 1, Thence southwest a distance of 247.06 feet to the southeast corner of said Lot 1,
Thence continuing southwest a distance of 42.94 feet to a point on the east line of Lot 4, Block
2, of said subdivision, Thence southwest a distance of 303.51 feet to the southeast corner of Lot
5, Block 2 of said subdivision, Thence east a distance of 163.68 feet to the southwest corner of
Lot 2, Block 3, of said subdivision, Thence northeast a distance of 246.55 feet to a point on the
west line of Lot 1, Block 3, of said subdivision, Thence north a distance of 250.56 feet to the
northwest corner of said Lot 1, Thence southeast a distance of 35.49 feet to the northeast
corner of said Lot 1, Thence southeast a distance of 455.7 feet to the southeast corner of Lot 2,
Block 3 of said subdivision, also a point on the west right -of -way line of Mingo Valley
Expressway, Thence southeast along the west right -of -way of Mingo Valley Expressway a
distance of 93.2 feet, Thence southeast along the west right -of -way of Mingo Valley Expressway
a distance of 225.1 feet, Thence south along west right -of -way of Mingo Valley Expressway a
distance of 796.9 feet to a point on the south right -of -way line of Fifth Avenue, a street in the
City of Owasso, Thence south along the west right -of -way of Mingo Valley Expressway a
distance of 786.60 feet, Thence west a distance of 586.68 feet to the southeast corner of Lot 6,
Block 1, Owasso Industrial Park, a subdivision in the City of Owasso, Tulsa County, Oklahoma,
the Point of Beginning, containing 207 acres, more or less.
And
Beginning at the northwest corner of Lot 1, Block 1, Atchison Topeka & Santa Fe, a subdivision
in the City of Owasso, Tulsa County, Oklahoma, Thence southeast along said lot line a distance
of 974.78 feet, Thence continuing southeast along the Southern Kansas Oklahoma railroad
right -of -way a distance 619.4 feet to a point on the north right -of -way of East 76th Street North,
a street in the City of Owasso, Thence continuing southeast along the said railroad right -of -way
a distance of 88.7 feet to a point on the south right -of -way of East 76th Street North, Thence
continuing southeast along the said railroad right -of -way a distance of 510.6 feet, thence east
along said railroad right -of -way a distance of 19.6 feet to the east line of the N/2 NW /4 of
Section 31, T -21 -N, R -13 -E, Thence south a distance of 785.3 feet to the SE corner of said N/2
NW /4, Thence west along the south line of said N/2 NW /4 a distance of 2,633.6 feet to a point
on the east right -of -way of North Mingo Road, a street in Tulsa County, Thence north along said
east right -of -way of North Mingo Road a distance of 1261.4 feet to a point on the south right -
of -way of East 76th Street North, Thence east along said south right -of -way line a distance of
1318.1 feet, Thence north along said south right -of -way line a distance of 10.00 feet, Thence
east along said south right -of -way line a distance of 215.0 feet, Thence north a distance of 300
feet, Thence east a distance of 148 feet to a point on the west line of Lot 1, Block 1, Atchison
Topeka & Santa Fe, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence north
3
along the west line of said Lot 1 a distance of 1150.6 feet to the northwest corner of Lot 1,
Block 1, Atchison Topeka & Santa Fe, the Point of Beginning, containing 94 acres, more or less.
4
Exhibit C
Existing Uses and Conditions
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Exisitng Land Use
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Exhibit D
Proposed Improvements and Uses
OWASSO REDBUD DISTRICT PROJECT PLAN
INCREMENT DISTRICT NO. 1, CITY OF OWASSO
FINANCIAL IMPACTS REPORT
PREPARED BY:
THE CITY OF OWASSO, OKLAHOMA
Gt11( OF OWASSO O
\O OF THE TF' \�
WITH THE ASSISTANCE OF:
CENTER FOR ECONOMIC DEVELOPMENT LAW
301 North Harvey, Suite 100
Oklahoma City, Oklahoma 73102
(405) 232 -4606
econlaw @econlaw.com
OWASSO REDBUD DISTRICT PROJECT PLAN
FINANCIAL IMPACTS REPORT
I. HOW TAX INCREMENT FINANCING WORKS
Under the mechanism of tax increment financing, two geographic areas are defined. The first is
the project area. This is the area in which project expenditures may be made. The second geographic area
is the increment district. This is the area from which the tax increment will be generated. The project area
and increment district may or may not be co- extensive. The value of property within the increment district
is determined upon approval of the project plan. This becomes the base assessed value of all taxable
property within the increment district. The ad valorem tax revenue generated from this base assessed
value of property within the increment district is distributed to the taxing jurisdictions according to each
jurisdiction's levy. Throughout the life of the project, the base revenue will continue to flow to the taxing
jurisdictions. In the event of a general reassessment of property values within the increment district, the
ad valorem tax revenue received by the taxing jurisdictions will be proportionately adjusted. To this
extent, the taxing jurisdictions are not affected by the implementation of tax increment financing through
ad valorem apportionment.
Once development of the property within the increment district occurs, the market value
increases, and so the assessed value of that property also increases. The difference between the ad
valorem tax revenue produced by this increased value and that produced by the base assessed value —
the incremental increase or increment —is apportioned (i.e. allotted) to an apportionment fund that is
used to pay the eligible public costs of the project either directly or through the issuance of bonds. This
apportionment of ad valorem tax increments will continue forthe lesser of a period of 25 fiscal years from
the date of approval or until all eligible public costs are paid. Once the tax apportionment period expires,
the revenue from the increased assessed value of property within the increment district will be divided
among the taxing jurisdictions, in addition to the revenue from the base assessed value that these entities
will have continued to receive.
II. THE PROPOSED PROJECT
The proposed Owasso Redbud District Project Plan is a project plan as defined under the
Oklahoma Local Development Act, 62 O.S. §850, et seq., and is referred to here as the "Project Plan."
The boundaries of the proposed Project Area and Increment District No. 1, City of Owasso
( "Increment District") are the same and are generally located within the following boundaries: beginning
at the western terminus of North Carlsbad Street, east along West 3rd Street to the east side of North
Atlanta Street, north one lot, then east one lot, then north to West 4th Street, then east along West 4th
Street to North Main Street, south to one lot north of West 3rd Street, then east along West 3rd Street to
one lot before Cedar Street, south to East 2nd Street, then east along East 2nd Street to the west Owasso
Expressway service road, then south along Owasso Expressway to East 71st Street, west generally along
East 71st Street to South Main Street, north to West 5th Avenue, west to North Mingo Road, north along
Mingo Road to West 2nd Avenue (E 76th St N), east along West 2nd Avenue to the western side of the
Owasso Sertoma Center, north to the railroad tracks, then across the railroad tracks back to North
Carlsbad Street and West 3rd Street.
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The Project Plan anticipates private investment in the Project Area to exceed $100 million over a
period of 25 years. Development will consist of a range of commercial, residential (single family and
multifamily), mixed -use, and where appropriate, industrial. This new development is estimated to
increase market and assessed values for property within the Increment District, which, in turn, will result
in annual ad valorem tax revenues ( "ad valorem increments ") of approximately $280,000 in the nearterm
and 1,350,000 overthe long term. Additionally, increases in City sales tax revenue ( "sales tax increments ")
are estimated to be approximately $35,000 annually in the near term and $75,000 over the long term.
Total incremental revenues estimated to be generated over the life of the Increment District range
between $18,000,000 and $25,000,000.
The projections are based upon the impacts of the total $100 million in private taxable
investment. Projects such as those contemplated by the Project Plan have both direct and indirect
economic benefits. They have design and construction impacts, which are generally one -time impacts.
They also have continued annual impacts after completion.
III. IMPACTS AND EFFECTS ON TAXING JURISDICTIONS
A. Overall Financial Impacts upon the Affected Taxing Jurisdictions. Under the Project Plan,
all incremental revenues will be apportioned to the apportionment fund for use by the Owasso Public
Works Authority, or another public entity designated by the City, to pay for authorized project costs. Once
the Increment District terminates, the increments shall be distributed pursuant to ad valorem and sales
tax statutes.
The benefits of projected development under this project will be significant for the affected taxing
jurisdictions and for the greater community. The actual increase in demand for services, if any, will be
limited for those taxing jurisdictions, with potential increases in demand discussed in Section III, B herein.
The Increment District at present contains a number of vacant, underperforming, or tax exempt
parcels that generate very little or no ad valorem tax and sales tax revenues. The current assessed value
within the Increment District at the time of project approval will continue as the basis for allocating the
tax revenue to the taxing jurisdictions during the life of the project. Since funding rates for bonded
indebtedness are calculated using the base assessed value within the Increment District, repayment of
bonded indebtedness will not be affected.
Concentrated and continuous stimulation of the development of the area, as contemplated by
the Project Plan, will result in a greatly- enhanced ad valorem tax base, from which all of the affected
taxing jurisdictions will benefit. In addition, the benefits of new employment in the community will result
in benefits to the affected taxing jurisdictions. Finally, the generation of sales taxes in this
underperforming area will benefit the City.
B. Specific Effects from the $100 Million Private Growth.
1. Owasso Public Schools. Owasso Public Schools will experience little to no
measurable negative impact as a result of the project because much of the development will be
stimulated by public assistance and investment in the area (e.g., the construction and
development of new adjacent public or private infrastructure, and the provision of development
financing assistance as prescribed in the Project Plan). Owasso Public Schools has several facilities
PA
in the Project Area that improved public infrastructure will enhance. The value of property owned
by Owasso Public Schools will increase due to development throughout the Project Area.
The residential portion of development may generate, over time, a small increase in
demand for services from Owasso Public Schools, although the type of residential development
will likely be more in demand by non -child households. Residential development in a mixed -use,
medium density environment often appeals to a younger and near - retirement demographic.
Owasso Public Schools will experience a positive fiscal impact from the project. Currently,
Owasso Public Schools is collecting an estimated $47,000 annually in ad valorem revenues from
within the Increment District when accounting for state school aid offsets. Upon termination of
the Increment District, it is estimated that annual ad valorem revenues of $220,000, generated
by increased development due to the project, will flow to Owasso Public Schools, based on current
millage rates and accounting for state school aid offsets.
2. Tulsa County. No specific measurable demand for increased services upon Tulsa
County is anticipated to result from this project.
3. Tulsa Health Department. The Tulsa Health Department is positively affected by
new employment that the project will generate. The promotion of the Project Area as a highly
walkable, mixed -use district will support public health initiatives of the Tulsa Health Department.
4. Tulsa City - County Library. The Tulsa -City County Library serves the entire
metropolitan area, including a branch in the Project Area. Public infrastructure improvements in
the surrounding area will positively affect the branch. Also, due to its location within the Project
Area, residential and mixed -use development will contribute to the most immediate, day -to -day
clientele for this facility. Commercial and industrial development should not affect this facility
outside of increased exposure.
5. Tulsa Technology Center. The Tulsa Technology Center has a branch in Owasso,
but the campus is not adjacent to the Project Area. Therefore, the development should have
minimal impact on demand for services, although complementary job training opportunities,
including, but not limited to, culinary arts training in restaurants in the Project Area, may be
utilized.
6. Tulsa Community College. Impacts to the Tulsa Community College from the
project should be similar to those of the Tulsa Technology Center, with minimal impact on
demand for services, although complementary job training opportunities may be utilized
depending on the nature of the commercial and residential development.
7. City of Owasso. The creation of mixed -use development in the Increment District
will generate new sales taxes for the City. The proposed developments are not expected to
significantly pull sales away from existing retailers within the City outside of the Increment District
because they will occupy different positions within the marketplace, including boutique shops and
restaurants that do not currently exist within the City. Also, the project will generate significant
development and investment in an underserved and underdeveloped part of the City, thus having
additional desired and positive impacts on the City.
M
IV. IMPACTS ON BUSINESS ACTIVITIES
Isolating the specific impacts of the Increment District on the greater community is difficult, but
through correlation of demands for residential and commercial space within the Increment District, a
meaningful calculation of effects on business activities is possible. Residential and commercial
developments reflect corresponding growth in economic demands for a spectrum of business activities in
the retail, commercial, office and industrial categories.
As public and private development occurs, construction will result in temporary jobs and
completion of development projects will result in permanent jobs, particularly in commercial, industrial
and mixed -used developments. The development of an estimated 200 residential units in the Project Area
will result in additional household income of $13,110,0001. The increased presence of individuals living
and working in the Project Area will further stimulate demand for development, establishing a well -
rounded mixed -use district. Further, the increased presence of individuals will increase the opportunity
of potential customers for new and existing businesses in the Project Area.
V. CONCLUSION
The projected project will have a positive long -term financial benefit for the Owasso community,
affected taxing jurisdictions, and business activities. Correspondingly, no appreciable adverse impact is
likely to result from the project for the taxing jurisdictions or business activities within the Project Area.
The impact of anticipated development on the provision of governmental services is balanced by the
public improvements and infrastructure component in the Project Plan, which addresses public costs
associated with the project and minimizes the burden of providing additional government services.
i Median Family Income (2014 ACS Census Estimate) _ $65,550
CI
OWASSO PLANNING COMMISSION
RESOLUTION NO. 2016-02
RESOLUTION DETERMINING THAT THE OWASSO REDBUD DISTRICT
PROJECT PLAN IS IN CONFORMANCE WITH THE GROWASSO 2030 LAND
USE MASTER PLAN AND RECOMMENDING TO THE CITY OF OWASSO
APPROVAL AND ADOPTION OF THE OWASSO REDBUD DISTRICT
PROJECT PLAN
WHEREAS, it is an objective of the City of Owasso, Oklahoma ( "City "), to
promote economic development within its boundaries in order to attract investment,
enhance the tax base, stimulate economic growth, and improve the quality of life in and
around the City, and
WHEREAS, the City envisions the development of its Redbud District as a new
destination area within the City, consisting of infill development with commercial,
residential, office, industrial, and mixed -use components, as well as improved
streetscapes and pedestrian accessibility ( "Project "); and
WHEREAS, the Project will promote the public good, general welfare, economic
security, and prosperity of the City and its inhabitants; and
WHEREAS, the Owasso Redbud District Project Plan ( "Project Plan") is a
project plan as defined under the Oklahoma Local Development Act, 62 O.S. §850, et
seq.; and
WHEREAS, the provisions of the Oklahoma Local Development Act provide
procedures for approval of a project to develop a qualified area such as the project area;
and
WHEREAS, the Owasso Redbud District Project Review Committee, including a
representative of the Owasso Planning Commission, has recommended the approval of
the Project Plan after finding the project eligible and determining that the Project Plan
will make a positive impact on affected taxing jurisdictions and business activities within
the increment district; and
WHEREAS, the Owasso Planning Commission has reviewed the GrOwasso
2030 Land Use Master Plan and the Project Plan; and
WHEREAS, the Project Plan is appropriate and desirable in order to support
efforts to achieve the objectives of the GrOwasso 2030 Land Use Master Plan; and
WHEREAS, the Owasso Planning Commission finds it appropriate and desirable
to recommend to the City Council of the City that it approve and adopt the Project Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE OWASSO PLANNING
COMMISSION THAT:
Section One: The Owasso Redbud District Project Plan is hereby
declared to be in conformance with the GrOwasso 2030 Land Use
Master Plan.
Section Two: The Owasso Redbud District Project Plan is determined to
be desirable.
Section Three: Recommendation is hereby made to the City Council of the
City of Owasso that it approve and adopt the Owasso Redbud
District Project Plan.
PASSED AND APPROVED this 21st day of November, 2016.
Ch it
, *._,,,t.. Marsha Hensley, Planning Commi sion Clerk
APPROVED AS TO FORM:
Judy Lombardi, City Attorney
FINDINGS AND RECOMMENDATION OF
THE OWASSO REDBUD DISTRICT PROJECT
REVIEW COMMITTEE
After review of the proposed Owasso Redbud District Project Plan ( "Project Plan "), the
proposed establishment of ad valorem and sales tax Increment District No. 1, City of Owasso,
and such other information as deemed relevant, the Owasso Redbud District Project Review
Committee ("Review Committee ") makes the following findings and recommendation:
A. Findings Regarding Eligibility of the Proposed Project Area and Increment District
The proposed Project Area and the proposed Increment District No. 1, City of
Owasso (" Increment District"), are partially within a state designated enterprise
zone and therefore meet the definition of an "enterprise area" under the Local
Development Act (62 O.S. § 853(5)).
2. The proposed Project Area and the proposed Increment District No. 1, City of
Owasso ("Increment District"), meet the definition of an "reinvestment area"
under the Local Development Act (62 O.S. § 853(17)).
3. The level of investment, development, and economic growth desired by the City
of Owasso is difficult, but possible, within the proposed Project Area and
Increment District if the provisions of the Local Development Act are utilized.
4. Tax increment financing is a necessary component in stimulating reinvestment in
the proposed Project Area and Increment District.
5. Tax increment financing will be used to supplement and not supplant or replace
normal public functions and services in the proposed Project Area and Increment
District.
6. Tax increment financing will be used in conjunction with existing programs and
efforts and other locally implemented economic development efforts.
The Project Plan emphasizes conservation, preservation, and rehabilitation.
B. Findings Regarding Financial Impact on the Affected Taxing Jurisdictions and
Business Activities Within the Proposed Proiect Area and Increment District
As described in Section X of the Project Plan, the anticipated private development
will generate tax increments sufficient to pay a substantial portion of the
authorized project costs of the project proposed by the Project Plan. Without the
Project Plan and Increment District, the development described in the Project Plan
and the resulting increases in tax revenues would not occur.
2. The development anticipated by the project will not result in a measurable
increase in demand for services by or in costs to the affected taxing jurisdictions.
3. The public revenue anticipated to result from the development described in the
Project Plan includes increased tax revenue beyond the revenues being
apportioned to pay project costs authorized by the Project Plan.
4. The economic benefits of the Project Plan for the affected taxing jurisdictions and
the community as a whole offset the adverse financial impacts, if any, of the
Project Plan on the affected taxing jurisdictions.
The aggregate impacts on the affected taxing jurisdictions and on business
activities from implementation of the Project Plan are positive and include the
achievement of the objectives set forth in Section IV of the Project Plan.
Resolution Recommending Aonroval
NOW, WHEREAS, the Review Committee has reviewed the proposed Project Plan and
Increment District; and
WHEREAS, the findings of the Review Committee demonstrate that the proposed
Project Area and Increment District meet the conditions for eligibility; and
WHEREAS, the findings of the Review Committee demonstrate that the financial
impacts on the affected taxing jurisdictions and business activities from implementation of the
Project Plan are positive; and
WHEREAS, the findings of the Review Committee demonstrate that approval of the
Project Plan by the City of Owasso is appropriate.
NOW, THEREFORE, BE IT RESOLVED by the Owasso Redbud District Project
Review Committee that approval of the proposed Owasso Redbud District Project Plan,
including creation of the proposed ad valorem and sales tax Increment District No. 1, City of
Owasso, is hereby recommended.
ADOPTED by the Owasso Redbud District Project Review Committee this 4 day of
November, 2016, and SIGNED by its Chair.
APPROVED-
Lyn
ll D nn, Chair
1, Juliann M. Stevens, Acting Secretary of the Owasso Redbud District Project Review
Committee, certify that the foregoing resolution was duly adopted at a special meeting of the
Owasso Redbud District Project Review Committee, held at City Hall in Owasso, Oklahoma, on
the 17th day of November, 2016; that said meeting was held in accordance with the Open
Meeting Act of the State of Oklahoma; that any notice required to be given of such meeting
was properly given; that a quorum was present at all times during such meeting; and that said
resolution was adopted by a majority of those present.
JJiann M. Stevens, Acti g Secretary
1 %CENTER FOR ECONOMIC
— DEVELOPMENT LAW
MEMORANDUM
James Dan Batdelar
Leslie V. Batchelor
Emily K. Pomeroy
Lisa M. Harden
Jeff Sabin
301 North Harvey, Suice 100
Oklahoma City, Oklahoma
731@ -3421
405 232 4606 TELEPHONE
4052325010 FACSIMILE
wtvw.cconlaw.com
To: Owasso Economic Development Authority
From: Emily K. Pomeroy and Cameron H. Brewer
Date: November 14, 2016
Re: Effect of Owasso Redbud District Project Plan on Owasso Public Schools
The purpose of this memorandum is to provide additional information about the impact
of the proposed Owasso Redbud District Project Plan and Increment District No. 1, City of
Owasso ( "Increment District "), on the Owasso Public Schools ( "OPS "). The projections
represent an estimate of potential revenues, based on an analysis of the possible development
in the Increment District. Such analysis is helpful in understanding how the adoption of the
Increment District will impact OPS.
The Limited Size and Value of the Increment District
OPS is one of the largest school districts in the State of Oklahoma, incorporating 72
square miles (shown below in red), including territory in Tulsa and Rogers Counties. The
Increment District (shown below in green) is 13,143,615 square feet, which is less than half of
a square mile (.47 square miles) or 0.6% of the OPS school district, in terms of area.
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OEDA
November 14, 2016
Page 2
The 2015 assessed value of real property within the Increment District is approximately
$4,498,480. This represents 1.6% of the total assessed value within the OPS district for
property located in Tulsa County ($280,178,368), and an estimated less than 1.1% when
including OPS district property located in Rogers County.
Current Revenues and Projected Revenues
Currently, OPS is collecting approximately $317,881 annually in ad valorem revenues,
from within the Increment District, which, when state school aid offsets are accounted for,
amounts to approximately $47,531 annually. These revenues will continue to flow to OPS
through the life of the Increment District. Upon termination, which is anticipated to occur
during Year 20, OPS will experience a significant increase in annual ad valorem revenues
generated by increased development. Based on projected development, when the Increment
District ends, OPS will collect approximately $1,492,919 annually in ad valorem revenues
from within the Increment District, which, which, when state school aid offsets are accounted
for, amounts to approximately $223,228 annually. Table 1 shows the projected tax increment
generation, projected end of the TIF, and associated revenues to OPS.
Table I: TY Tax Increment Generation Projections & Revenue to Owasso Public Schools
Projection Model
2035
2016
2017
2018
Year
I
1 1
2 1
3
Extsing Ad Valorem
S
495,292
$ 495,292
$ 495,292
New Ad Valorem
$
495,292
$ 495.292
$ 506,327
Inaerrent
$
-
S -
$ 11,035
Cunula ve Increment
$
-
S -
$ 11,035
Saks Tax
$
$
8 15,000
Total Tax Generalon
$
-
$ -
$ 37,070
Revenue to Owasso Public Schools
School Sinking $ 113,001.09
School Building Fund _ 5 23,343.59
School ADA $ 18,130.94
S 113,001.09 $ 113,001.09
S 23,343.59 $ 23,343.59
S 18,130.94 S 18,130.94
School Counlvwide General 6 163,405.11 $ 163,405.11 $ 163,405.11
TOTAL S 317,880.74 $ 317,880.74 $ 317,880.74
Net Bereft Per Operabnal Ad
Valorem Dolan Received' g 0.15 $ 0.15 S 0.15
NetBeneit- Revenue $ 47,530.94 S 47,530.94 $ 47,530.94
'Accounts br State School Aid Offsets
Pro*W End o1TIF Term
2035
2036
20 21
$ 495,292 $
495,292
3 1,830,835 1$
1,83.835
$ 1,335,543 $
1;335,543
$ 15,395,131 $
16,730,675
$ 67,722 $
67,722
$ 16,798,397 $
18,133,940
$ 113,001.09 $ 113,001.09
$ 23,343.59 $ 23,343.59
$ 18,130.94 $ 18,130.94
2040
0
$ 495,292
$ 1,830,835
$ 1,335,543
$ 22,072,847
$ 67,722
$ 23,476,112
$
113,0111.09
$
530,706.97
$
23,343.59
$
109,632.61
$
18,130.94
$ _._
_ 85,151.64
$
163,405.11
$
767,428.24
S
317,800.74
$
1,492,919.35
- $
0.15
$
0.15
$
47,530.94
$
223,227.93
Also, important to the discussion of OPS funding, the state school aid formula reduces
the amount of state aid OPS receives and a certain amount of the ad valorem revenue OPS
receives. Sinking fund levies by their nature are not available for OPS's general operating
revenues. The attached Table 2 shows a summary of OPS mill levies. The foundation aid
portion of the state school aid formula charges OPS for its ad valorem taxes collected by its
15.45 -mill levy (as adjusted) enacted pursuant to Article X, Section 9(c) of the Oklahoma
Constitution and for 75% of its allocation from the countywide school levy. The state school
aid formula's salary incentive aid effectively offsets an additional 20 mills. Thus, the state
school aid offsets effectively reduce OPS's operational mill levy from 45.21 to approximately
6.76. That means OPS has a net positive benefit—in terms of increased operational revenue-
OEDA
November 14, 2016
Page 3
of only $0.15 for every $1.00 in ad valorem revenue it receives. The Increment District will
not impact the state school aid offsets.
Sinking Fund Levies
The sinking fund levy is determined following the approval of bond issues in order to
yield enough funds to pay the principal and interest on the bonds. For each bond issuance, the
number of mills levied will vary in terms of the size of the bond, the term on the bond, and the
interest rate. This method of determination does not change should the Increment District be
created. If the Increment District is established, the value of the property within the Increment
District as of the date the Increment District is created (the base assessed value) is still available
to calculate the sinking fund levy. Increases in property values in the Increment District will
not be used in calculating the sinking fund levy. The ability of OPS to issue debt will not be
impacted. The base assessed value within the Increment District as well as property values
outside of the Increment District will be used to calculate the sinking fund levy and ensure
enough funds for OPS to pay its current and future bonded indebtedness.
Conclusion
Relative to the size of the OPS district, the Increment District covers a small geographic
area. Likewise, the assessed value of property in the Increment District is relatively small
because the area has seen little economic development activity. The creation of the Increment
District is an effort to reverse economic stagnation and increase the value of property in the
Increment District and surrounding area, resulting in additional ad valorem revenues for the
affected taxing jurisdictions. The creation of the Increment District will not reduce OPS's
ability to collect sufficient funds to pay its current debt or issue new debt.
We appreciate your interest in the process of the consideration of the Owasso Redbud
District Project Plan and Increment District, notably for its impact on OPS. If we can address
additional questions, please do not hesitate to contact us.
Table 2: Owasso Public Schools Mill Levy Summary
u
LL y
U
Art. X, §9a)
5.15
Art. X, § 9(c)
75.45
Art. 14 § 9(d)(1)
10.30
Art. X § 9(d)
5.15
TOTAL
36.05
Building Fund Levy
5.16
Count 'de School Levy
4.00
0 era[ional Mill Lev 2
45.21
Net Effective Mill Le - Rea13
6.76
Net Benefit Per Operational Ad Valorem Dollar Received - -Real
$0.15
1. Assumptions:
a. Approximates the effective value of the Countywide School Levy.
b. Assumes full adjusted allowable millage levies.
2. "Operational Mill Levy" (excludes sinking fund) = (General Fond Levies) + (Building Fund Levies) + (Countwide School Levy)
3. "Net Effective Mill Levy—Real' = [Operational Mill Levy] - [Foundation Aid State School Aid Offset] - [Salary Incentive Aid State School Aid
Offset]; Net Effective Mill Levy—Real = [(General Fund Levies) + (Building Fund Levies) + (Countywide School Levy)] - [(Art. X §.9(c) Levy)
+(75 %of Countwide School Levy)] - [20 -mill Salary Incentive Aid offset]
4. "Net Effeetive Mill Levy— Personal' = [Operational Mill Levy] - [79% of Foundation Aid State School Aid Offset] -- [79% of Salary Incentive
Aid State School Aid Offset]; Net Effective Mill Levy— Personal = [(General Fond Levies) + (Building Fund Levies) + (Countywide School Levy)]
- 179% of ((An. 9(c) Levy) + (75% of Countwide School Levy))] - 1791A of 20 -mill Salary Incentive Aid Offset]
5. School districts receive the benefit of their full operational mill levies once ad valorem taxes collected from their Art. X SSS 9(c) levy and 75%
of their allocation of the countywide school levy meet or exceed the districts gross Foundation Aid amount in the state school aid calculation;
assumes district has no land earnings and no chargeable gross production, motor vehicle, or REA tax revenues.
6. Assumes district has no land earnings and no gross production, motor vehicle, or REA tax revenues chargeable in the state aid formula.
The City ff2t.f limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Jason Woodruff
Deputy Chief of Police
SUBJECT: Owasso Police Headquarters Renovation
Design Services Contract
DATE: December 2, 2016
BACKGROUND:
In 2001, the Owasso City Hall and Police Department Headquarters building was constructed at
111 N Main. In the years that followed, unprecedented growth in Owasso and the resulting
increased demand for city services caused both city administration and the police department
to quickly outgrow the shared facility. Options were explored for the construction of a new
police headquarters, but the multimillion dollar expense of such a project, especially the costly
construction of a new hardened jail facility, made the expansion of the current police
headquarters a much more cost effective solution.
Plans were explored to relocate City Hall from 1 1 1 N Main to the former First Bank building at 200
S Main. This proposed move would allow for a renovation and expansion project for the
cramped Owasso Police Headquarters into the portion of the building vacated by City Hall. As
part of that proposal, renovation plans were explored for both the existing city facility and the
newly purchased First Bank building.
In 2012, Wilson Estes Police Architects (WEPA) contracted with the City of Owasso for basic
design services, creation of preliminary sketches of renovation options and the creation of a
general cost estimate for both the new city hall and the police headquarters projects. The
design services were provided by WEPA with a conservative estimate of $1.5 million for the
proposed renovation of the police department and a similar cost estimate for the renovation of
the former First Bank building.
In July 2016, the renovation of the new city hall building was completed and staff vacated the
former city hall to move into the new facility. Steps were then undertaken to explore the
renovation of the recently vacated city hall portion of the building at 111 N Main into an
expanded police headquarters facility.
In 2016, Wilson Estes Police Architects changed its name to Police Facility Development Group
(PFDG) to better represent the services they provide. The staffing and leadership at the firm
remained the same, including the retention of James Estes as the lead architect. In 2016, Police
Facility Development Group was again contracted for basic design services to revise and
update the proposed renovation plans for the Owasso Police Headquarters as well as
recalculate the outdated project cost estimate that they had completed in 2012. On
November 7, 2016, PFDG provided a preliminary project estimate.
Similar to the 2012 estimate, basic renovation construction was estimated at $1,573,174.
Although the overall structure and condition of the building was excellent, as it was in the 2012
assessment, several large components of the building's infrastructure were nearing the end of
expected life cycles and were therefore in need of modernization. An estimate of $840,000 was
projected for repair and /or replacement of the original infrastructure systems to improve the
efficiency and function of the building, including a complete replacement of the HVAC system,
boiler replacement, plumbing repair and /or replacement and retrofitting lighting throughout the
building with more efficient LED fixtures.
Estimated general contractor overhead and profit was calculated at 15% of the total budget or
$361,976.19. PFDG estimated the overall cost of the renovation project at $2,775,150. Other
major expenses were not included in the estimate due to certain unknowns that prevented an
accurate cost estimate, including upgrading the emergency backup power system
(approximately $250,000) and installing a vehicle lift system for processing vehicles.
With the inclusion of contingency for these and other unexpected issues, lead architect James
Estes recommended a cost estimate of $3,000,000 for the total project with the understanding
that this estimate could fluctuate once the construction plans are finalized.
REMAINING SCOPE OF DESIGN /ENGINEERING SERVICES:
The next step in this project is to contract with an architectural design firm to complete the final
designs, engineering services, develop the construction documents, develop project bid
specifications, and assist city staff with the project bidding process. Compensation for these
services is traditionally established using a fee calculation based on a flat percentage of the
total cost of the final project. Design and engineering services for new construction is generally
a lower percentage than that of a renovation project, primarily due to the added complexity of
working within the framework and limitations of an existing structure.
Police Facility Design Group, known at the time as Wilson Estes Police Architects, underwent the
Request for Qualifications (RFQ) process when they were initially selected for the early stages of
this project in 2012. PFDG has been intimately involved in the various stages of this project since
that time and the firm has consistently provided an excellent product. Based on the established
relationship with the PFDG, the firm's existing familiarity with the details of the project and the
satisfactory performance in previous interactions, it is logical to select the Police Facility Design
Group for the final phases of the renovation project.
Police Facility Design Group's typical fee for pre- construction design and engineering services
for a renovation project is 10% of the total finalized budget. Staff has negotiated with PFDG for a
reduced fee of 8 %. Additionally, PFDG offered a reduction of $10,000 from the final design fees,
based on the cost savings associated with previous work completed during the earlier stages.
The fee reductions negotiated with Police Facility Design Group equate to a savings of
approximately $70,000 compared to the firm's normal rate.
FUNDING:
The renovation and expansion of the Owasso Police Headquarters is an approved item on the
Capital Improvements Project List. Should this contract be approved by the Owasso City
Council, funding for architecture and design services related to the project would come from
the Capital Improvements Fund.
The exact cost of this project will not be firmly established until the construction documents,
detailed estimates and construction bids are finalized. Based on the estimated cost of
$3,000,000, an eight percent fee with a $10,000 reduction would equate to $230,000 for
architecture and design services under the proposed contract. Reimbursable expenses of
$570.24 are currently owed to PFDG for travel in July and September. With the $10,000 reduction
and the $570.24 owed, this net contract amount would be $230,570.24. The compensation
issuance to Police Facility Design Group would occur monthly as services are performed.
RECOMMENDATION:
Staff recommends approval of an architectural and engineering agreement with Police Facility
Design Group of Kansas City, Missouri, for the Owasso Police Headquarters renovation project for
a fee equal to 8% of the Cost of the Work in an amount not to exceed $230,570.24 plus
reimbursable expenses not to exceed $20,190.00 and authorization for the City Manager to
execute the contract.
ATTACHMENT:
Agreement with Police Facility Design Group
ko AIA o
ocument B132T" 2009
Standard Form of Agreement Between Owner and Architect, Construction Manager as
Adviser Edition
AGREEMENT made as of the 6th day of December in the year 2016
(In words, indicate day, month and year.)
ADDITIONS AND DELETIONS:
BETWEEN the Architect's client identified as the Owner:
The author of this document has
(Name, legal.status, address and other information)
added information needed for its
completion. The author may also
have revised the text of the original
City of Owasso
AIA standard form. An Additions and
I I I North Main Street
Deletions Report that notes added
Owasso, Oklahoma 74055
information as well as revisions to the
standard farm text is available from
the author arid should be reviewed. A
and the Architect:
vertical line in the left margin of this
(Name, legal status, address mid other information)
document indicates where the author
. has added necessary information
Police Facility Design Group, PA
and where the author has added to or
500 Grand Boulevard, Suite 201A
deleted from the original AIA text.
Kansas City, MO 64106
This document has important legal
consequences. Consultation with an
attorney is encouraged with respect
for the following Project:
to its completion or modification.
(Name:,, location and detailed description)
This document is intended to be used
Design and Construction Administration for the Owasso Police Facility Renovation &
in conjunction with AIA Documents
Expansion
A13210 -2009, Standard Form of
Owasso, Oklahoma.
Agreement Between Owner and
Contractor, Construction Manager as
Adviser Edition; A232"" -2009,
The Construction Manager:
General Conditions of the Contract
for Construction, Construction
(Name, legal statrts, address and other in %rnmtion)
Manager as Adviser Edition; and
C132'" -2009, Standard Form of
To Be Determined
Agreement Between Owner and
Construction Manager as Adviser.
AIA Document A2321- -2009 is
adopted in this document by
The Owner and Af ChitCCt agree, as fOIIOwS.
reference. Do not use with other
general conditions unless this
document is modified.
IniL PIA Document B1321" -2009 (formerly 6141' "CMa - 1992). Copyright 01992 and 2009 by The American Insfitute of Architects. All rights reserved.
'WARNIN y: This AIA Document is Prot ^eted by U.s. Copyrlr,,h. Lava and finh wniionri Treaties. Utw,11herizeIt rept,duction or distda:aion of fate;0," �
Document. or any pitcher of a, may result in scvera dull and criminal paoa!'ia s, and will be przreac;r;ed tt, tha maximum extent pessib'o under the'.aw.
j This documentwas produced by AIA software at 13:05.53 on 12/01/2015 under Order No.1883535755 1 which expires on 11121!2017, and Is not for resale.
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TABLE OF ARTICLES
1 INITIAL INFORMATION
2 ARCHITECT'S RESPONSIBILITIES
3 SCOPE OF ARCHITECT'S BASIC SERVICES
4 ADDITIONAL SERVICES
5 OWNER'S RESPONSIBILITIES
6 COST OF THE WORK
7 COPYRIGHTS AND LICENSES
8 CLAIMS AND DISPUTES
9 TERMINATION OR SUSPENSION
10 MISCELLANEOUS PROVISIONS
11 COMPENSATION
12 SPECIAL TERMS AND CONDITIONS
13 SCOPE OF THE AGREEMENT
ARTICLE 1 INITIAL INFORMATION
§ 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1.
(Note the disposition for the following items by inserting the requested information or a statement such as "nor
applicable," "unknown at time ofexecution" or "to be determined later by mutual agreement.')
§ 1.1.1 The Owner's program for the Project:
(Identify documentation a, state the tanner in which the program will be developed.)
Need Assessment dated May 14, 2013 related to police use components and including revisions made in 2016.
§ 1.1.2 The Project's physical characteristics:
(Identify or describe, ifoppropriate, size, location, dimensions, or otherper4inent information, such asgeotechnical
reports; site, boundary and topographic surveys; traffic and utility studies; availabilio, of public and private utilities
and services; legal description of the site; etc.)
Existing two-story structure currently or previously occupied by Owasso City Hall and Police, including a garage
addition.
§ 1.1.3 The Owner's budget for the Cost of the Work, as defined in Section 6. t:
(Provide total and, if known, a line item breakdown.)
Approximately 53,000,000. (Does not include furnishings budget, i.e. tables, chairs, desks, workstations, file
cabinets).
§ 1A.4 The Oumer's anticipated design and construction schedule:
.1 Design phase milestone dates, if any:
Design Phase anticipated to commence in December, 2016.
AIA Document B132 *" — 2009 (formerly B141^=CMa — 1992). Copyn9ht ®1992 and 2009 by The American institute of Architects. All rights reserved.
[nit. tygRNiNC: Talc AIA' Document is pratecded by U.S. Copyright Law and Intzria:ia±ai Yrea:ies. Unauthorized iepmducticu a: distribution of this AIA`
occumert, or any portion of it, may osuft in eevem- civil and crlrmnal ponaitiec. rid.' ;u be prosecuted to (be maxu wn, extent txnsifua under 'he faw. 2
t This document was produced by AIA software at 13:05:53 on 12/01/2016 under Order No.1883535755 1 which expires on 1112112.017, and is not for resale.
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.2 Commencement of construction:
TBD in association with Construction Manager.
.3 Substantial Completion date or milestone dates:
TBD in association with Construction Manager.
.4 Other:
Scheduling of design and architectural services are anticipated to allow completion of construction
documents. bidding, and contractor(s) selection in an expeditious manner.
§ 1.1 .5 The Owner intends to retain a Construction Manager adviser and:
(.Nate that, if Multiple Prince Contractors are used, the term "Contractor" as referred to throughout this Agreement
will be as ifphtral in number.)
[ ] One Contractor
[ X ] Multiple Prime Contractors
[ ] Unknown at time of execution
§ 1.1.6 The Owner's requirements for accelerated or fast -track scheduling, multiple bid packages, or phased
construction are set forth below:
(List number and type of bid/procvrement packages;)
§ 1.1.7 Other Project information:
(identify special characteristics or needs ofthe Project not provided elsewhere, such as environmentally responsible
design or historic preservation requirements)
§ 1.1.6 The Owner identifies the following representative in accordance with Section 5.4:
(List mmte, address and other information.)
Jason Woodruff
Deputy Chief of Police
Owasso Police Department
jwoodruf @cityofbNkasso.cOm
f 918- 376 -1578
§ 1.1.9 The persons or entities, in addition to the Owner's representative, who are required to review the Architect's
submittals to the Owner are as follows:
(List nanic, address and other in(ormation)
Construction Manager, TBD
§ 1.1.10 The Owner will retain the following consultants:
(List name, legal status, address and other information.)
.1 Construction Manager: The Construction Manager is identified on the cover page. If a Construction
Manager has not been retained as of the date of this Agreement, state the anticipated date of retention:
Cost Consultant (if in addition to the Construction Manager):
hilt AIA Document B132*" — 2009 (formerly B141*"Clda- 1992). Copyright ®1992 and 2009 by The American Institute of Architects. All rights reserved.
WARNING: This A!A° Document is Protected by U.0. Copyright Law and la4 ^rnzGons! Tmoues. reproduction or diGtrtbbtiao of Luis Ab:" 3
Document or arm portion of it, may resuit In severe ctivil and? criminal penalnns, .;IId •mill be prosecuted to the maai�num extent passible t nd: r the iay.
t This document was produced by AIA software at 13:05:53 on 12101/2016 under Order No.1683535755 1 which expires on 1112112017, and is net for resale.
User Notes: (925987401)
(lf a Cost Consultant is retained, appropriate references to the Cost Consultant should be inserted in
Sections 3.2.6, 31.7, 3.3.2, 3.3.3, 3.4.5, 3.4.6, 5.4, 63, 63.1, 6.4 and 11.6.)
N/A
.3 Land Surveyor:
if applicable for garage addition
.4 Geotechnical Engineer:
If applicable for garage addition
Civil Engineer:
If applicable for garage addition
Other consultants:
(List ant, otter consultants retained by the avner, such as a Project or Program Manager, or
scheduling consultant.)
§ 1.1.11 The Architect identifies the following representative in accordance with Section 2.3
(List name, address and other information.)
James Estes
523 Walnut Street
Kansas City, MO 64106
816 298 -6700, 002
james.estes@policmrcliitects.com
§ 1.1.12 The Architect will retain the consultants identified in Sections 1.1.12.1 and 1.1.12.2:
('List name, legal status, address and other Information)
§ 1.1.12.1 Consultants retained under Basic Services:
.1 Structural Engineer:
Bob D Campbell & Associates
4338 Belleview
Kansas City, MO 64111
IaL Al UOc4ment 8132-- 2009(hormeny B141TMCMa- 1992). Copyright 01992 and 2009 by The American Institute of Architects. All rightsreserved.
WARNING: This AIA' Document Is proteaod by U.S. Copyright Law and Ini=err.lt!cnal 7rnatios. !iaauthOrired mprcdscHOn or dirt :i!w ".ion of this AS,^" 4
Document, or any portion of it, may result in severe civil and erimiaal penalties, and will be prosecuted to the rnsxi;num er'enf. possible in tel Iv.e law.
t This document was produced by AIA software at 13:05:$3 on 1270 V2016 under Order No.1883535755_1 which expires on 1112V2017. and is not for resale.
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.2 Mechanical Engineer:
Hoss & Brown Engineers
1 1205 W 79th St
Lenexa, KS 66214
Electrical Engineer:
Hass & Brown Engineers
11205 W 79th St
Lenexa, KS 66214
§ 1.1.12.2 Consultants regained under Additional Services:
§ 1.1.13 Other Initial information on which the Agreement is based:
§ 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such
information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the
schedule, the Architect's services and the Architect's compensation.
ARTICLE 2 ARCHITECT'S RESPONSIBILITIES
§ 2.1 The Architect shall provide the professional services as set forth in this Agreement.
§ 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by
architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall
perform its services as expeditiously as is consistent with such professional skill and care and die orderly progress of
the Project.
§ 2.3 The Architect shall provide its services in conjunction with the services of a Construction Manager as described
in AIA Document C I32T" 2009, Standard Form of Agreement Between Owner and Construction Manager. The
Architect shall not be responsible for actions taken by the Construction Manager.
§ 2.4 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the
Project.
§ 2.5 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any
employment, interest or contribution that would reasonably appear to compromise the Architect's professional
judgment with respect to this Project.
IDIt. AIA Document 6132"' — 2009 (formerly B14110CIAa — 1992). Copyright 01992 and 2009 by The American Institute of Architects. AIt rights rosemod.
WARHING: This AIA, Doormen I, proecled by U.S. Popyrig St lair and Internmienaf TrEailes. uraathwized raomauctbn or dist ievior- of Ono At, %" 5
Document, or any portico of it, may resur i;t severe cadl and criminal penaidos, and will 4e u:'osecutari in the meximurn exienf po<sib:e undo, :.he la'.
This document was produced by AIA software at 13:05:53 on 12101!2016 under Order No.1883535755 1 which expires on 1112112017, and is not for resale.
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§ 2.6 The Architect shall maintain the following insurance for the duration of this Agreement. if any of the
requirements set forth below exceed the types and limits the Architect normally maintains, the Owner shall reimburse
the Architect for any additional cost.
§2.6.1 Comprehensive General Liability with policy limits of not less than one million dollars (S 1,000,000 ) for each
occurrence and two - million dollars ($2,000,000) in the aggregate for bodily injury and property damage.
§ 2,6.2 Automobile Liability covering owned and rented vehicles operated by the Architect with policy limits of not
less than one - million dollars ($1,000,000 ) combined single limit and aggregate for bodily injury and property
damage.
§ 2.6.3 The Architect may use umbrella or excess liability insurance to achieve the required coverage for
Comprehensive General Liability and Automobile Liability, provided that such umbrella or excess insurance results in
the same type of coverage as required for the individual policies.
§ 2.6.4 Workers' Compensation at statutory limits and Employers Liability with a policy limit of not less than
one - million dollars ($ 1.000,000 ).
§ 2.65 Professional Liability covering the Architect's negligent acts, errors and omissions in its performance of
professional services with policy limits of not less than one - million dollars ($ 1,000,000 ) per claim and in the
aggregate.
§ 2.6.6 The Architect shall provide to the Owner certificates of insurance evidencing compliance with the
requirements in this Section 26. The certificates will show the Owner as an additional insured on the Comprehensive
General Liability, Automobile Liability, umbrella or excess policies.
ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES
§ 3,1 The Architect's Basic Services consist of those described in Article 3 and include usual and customary
structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Additional
Services.
§ 3,1.1 The Architect shall manage the Architect's services, consult with the Owner and the Construction Manager,
research applicable design criteria, attend Project meetings, communicate with members ofthe Project team and report
progress to the Owner.
§ 3.1.2 The Architect shall coordinate its services with those services provided by the Owner, the Construction
Manager and the Owner's other consultants. The Architect shall be entitled to rely on the accuracy and completeness
of services and information furnished by the Owner, the Construction Manager, and the Owner's other consultants.
The Architect shall provide prompt written notice to the Owner ifthe Architect becomes aware ofany error, omission
or inconsistency in such services or information.
§ 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit to the Owner and the
Construction Manager a schedule of the Architect's services for inclusion in the Project schedule prepared by the
Cough uction Manager. The schedule of the Architect's services shall include design milestone dates, anticipated dates
when cost estimates or design reviews may occur, and allowances for periods of time required (1) for the Owner's
review, (2) for the Construction Manager's review, (3) for the performance of the Owner's consultants, and (4) for
approval of submissions by authorities having jurisdiction over the Project.
§ 3.1.4 The Architect shall submit information to the Construction Manager and participate in developing and revising
the Project schedule as it relates to the Architect's services.
§ 3.1.5 Once the Owner and the Architect agree to the time limits established by the Project schedule, the Owner and
the Architect shall not exceed them, except for reasonable cause.
§ 3.1.6 The Architect shall not be responsible for an Owner's directive or substitution, or for the Owner's acceptance
of non - conforming Work, made without die Architect's approval.
Init. AIA Document 8732'" - 2009 (formerly B141`mCMa - 1992). Copyright ®1992 wd 2009 by The American Institute of Architects All rights reserved.
WARBIHG This A;A "Cocumcm is pro ±ected by 'I.$. COpYY92't law end International ire.-(i .Urt"whorzed VePmJuclion or of his .Al#` 6
Document, or any portion of it, mu, result in se +ere civil and criminal prn,ahao-, and wdi oo pro^,cr -t-i to &m m,anfnvnn ezuetr, passible under mo law.
This documentwas produced by AIA software at 13:05:53 on 12/01/2016 under Order No.18B3535755 1 which expires on t 112V2017, and is not for resale.
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§ 3.1.7 The Architect shall, at appropriate times, in coordination with the Construction Manager, contact the
governmental authorities required to approve the Construction Documents and the entities providing utility services to
the Project. In designing the Project, the Architect shall respond to applicable design requirements imposed by such
governmental authorities and by such entities providing utility services.
§ 3.1.8 The Architect shall assist the Owner and Construction Manager in connection with the Owner's responsibility
for filing documents required for the approval of governmental authorities having jurisdiction over the Project.
§ 3.1.9 Services identified in 3.1 shall include but not be limited to, all drawings, details, specifications, material
schedules, and all other items necessary to provide a complete design and cant' out the construction of the design
through project closeout, including warranty periods.
§ 3.1.10 Attend meetings and prepare all associated presentation materials deemed necessary to the development of
the project's planning and approval process, including, Building Department, Code Enforcement, Engineering, mid all
regulatory agencies having authority over the project. Also included are all meetings to obtain additional information
when necessary. and presentations for review of work completed to City Council, project representatives, and the
public.
§11.11 Assist the Owner in the selection of a construction management firm, and work with the selected firm
throughout the project. At the Owner's discretion, these services will include, but not limited to, reviewing of
potential qualifications or proposals, attend meetings needed during the selection process, and other required services
needed during the pre - selection and selection process for the O A ner to select a Construction Management firm to work
in conjunction with die Architect.
§ 3.1.12 Provide Interior Design, consisting of the selection of all interior finish products and materials, including, but
not limited to floor coverings, wall coverings, fixtures, cabinetry, and paint. Colors to be coordinated with Furnishings
provided by others.
§ 3-1.13 Provide and upgrade security design: Provided under the all requirements of the Basic Services Agreement,
Architect will provide an integrated building/ site design incorporating door and access control, alarm notification, and
audio/video monitoring.
§ 3.2 Schematic Design Phase Services
§ 3.2.1 The Architect shall review the program and other information furnished by the Owner and Construction
Manager, and shall review laws, codes, and regulations applicable to the. Architect's services.. The Architect is
responsible to finalize the Concept Plans and work with the Construction Manager and Owner to meet die Owner's
budget.
§ 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program, schedule, budget for the Cost of
the Work, Project site, and the proposed procurement or delivery method and other Initial Information, each in terms
of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any
inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably
needed for the Project.
§ 3.2.3 The Architect shall present its preliminary evaluation to the Owner and Construction Manager and shall
discuss with the Owner and Construction Manager alternative approaches to design and construction of the Project,
including the feasibility of incorporating environmentally responsible design approaches. The Architect shall reach an
understanding with the Owner regarding the requirements of the Project.
§ 12.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present to the
Owner and Construction Manager, for the Owner's approval, a preliminary design illustrating the scale and
relationship ofthe Project components. Upon Owner engagement with the Construction Manager, the Architect will
fully apprise the Construction Manager of the project's scope, scale, and any known details that will impact the budget
or schedule.
ALA Document B132TM — 2009 (formerly 8141 -CMa- 1992(. Copynght 01992 and 2009 by The American Institute of Architects. At) rights reserved.
/nit. WARN! tG This MA' Document is proterted ty U3. Cop`,rright.awaod Int2rnvuonaf Treaties. Un;ratho:ieed repreductioc m' distribution o this AW: 7
bocmnenf, or any poaaan of it, may resat; in severe civil and criminal persntuoc. cnd wall be prese�. W.ed to the man:mum axtrmt pas.ibie w1der the lax.
/ This decumentwas produced by AIA software at 13:05:53 on 12/01/2018 under Order No.1883535755_1 which eryires on 1112112017, and is not far resale.
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Init.
§ 3.2.5 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design
Documents for the Owner's approval and the Construction Manager's review. The Schematic Design Documents shall
consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections
and elevations; and may include some combination of study models, perspective sketches, or digital modeling.
Preliminary selections of major building systems and construction materials shall be noted on the drawings or
described in writing.
§ 3.2.5.1 The Architect shall consider environmentally responsible design alternatives, such as material choices and
building orientation, together with other considerations based on program and aesthetics, in developing a design that is
consistent with the Owner's program, schedule and budget for the Cost of the Work. The Owner may obtain other
environmentally responsible design services under Article 4.
§ 3.2.5.2 The Architect shall consider with the Owner and the Construction Manager the valtic of alternative materials,
building systems and equipmelrt, together with other considerations based on program and aesthetics in developing a
design for die Project that is consistent with the Owner's schedule and budget for the Cost of the Work.
§ 3.2.6 The Architect shall submit the Schematic Design Documents to the Owner and the Construction Manager. The
Architect shall meet with the Construction Manager to review the Schematic Design Documents.
§ 3.2.7 upon receipt of the Construction Manager's review comments and cost estimate at the conclusion of the
Schematic Design Phase, the Architect shall take action as required under Section 6.4, identify agreed upon
adjustments to the Project's size. quality or budget, and request the Owner's approval of the Schematic Design
Documents. If revisions to the Schematic Design Documents are required to comply with the Owner's budget for the
Cost of the Work at the conclusion of the Schematic Design Phase, the Architect shall incorporate the required
revisions in the Design Development Phase.
§ 3.2.8 In the further development of the Drawings and Specifications during this and subsequent phases of design, the
Architect shall be entitled to rely on the accuracy of the estimates of the Cost of the Work, which are to be provided by
the Construction Manager under the Construction Manager's agreement with the Owner.
§ 3.3 Design Development Phase Services
§ 3.3.1 Based on the Owner's approval of the Schematic Design Documents, and on the Owner's authorization of any
adjustments in the Project requirements and the budget for the Cost of the Work pursuant to Section 5.4, the Architect
shall prepare Design Development Documents for the Owner's approval and the Construction Manager's review. The
Design Development Documents shall be based upon information provided, and estimates prepared by, the
Construction Manager and shall illustrate and describe the development of the approved Schematic Design
Documents and shall consist of drawings and other documents including plans, sections, elevations, typical
construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the
Project as to architectural, structural, mechanical and electrical systems, and such other elements as may be
appropriate. The Design Development Documents shall also include outline specifications that identify major
materials and systems and establish in general their quality levels.
§ 3.3.2 Prior to the conclusion of the Design Development Phase, the Architect shall submit the Design Development
Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to
review the Design Development Documents.
§ 3.3.3 Upon receipt of the Construction Manager's information and estimate at the conclusion of the Design
Development Phase, the Architect shall take action as required under Sections 6.5 and 6.6 and request die Owner's
approval of the Design Development Documents.
§ 3.4 Construction Documents Phase Services
§ 3.4.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization of
any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare
Construction Documents for the Owner's approval and the Construction Manager's review. The Construction
Documents shall illustrate and describe the further development of the approved Design Development Documents and
shall consist of Drawings and Specifications setting forth in detail the quality levels ofmaterials and systems and other
requirements for the construction of the Work. The Owner and Architect acknowledge that in order to constructthe
AIA Document e132i° —2009 (formerly 81411"CMa — 1992). Copyright ®1992 and 2009 by The American Institute of Architects. AIt rights reserved.
WARMING: This Al A.' Document Is prutacied by L', S. CopYriyh[ Lac: and:nurmatimml ?reatias. umuthorizcd prodactton or dismbuficn o- tvl+ls Alp,'`
Document, er any p.edon o {it. may result in se's.0 civil and crimtnat penalties, and Will be prosacute<t o ¢fie eiae:mum n.'�ent p<:55!cle under the ta.y.
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Work the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other
similar submittals, which the Architect shall review in accordance with Section 3.6.4.
§ 3.4.2 The Architect shall 'incorporate into the Construction Documents the design requirements of governmental
authorities having jurisdiction over the Project.
§ 3.4.3 During the development of the Construction Documents, if requested by the Owner, the Architect shall assist
the Owner and the Construction Manager in the development and preparation of (1) bidding and procurement
information that describes the time, place and conditions of bidding, including bidding or proposal forms; (2) the form
of agreement between the Owner and Contractor; and (3) the Conditions of the Contract for Construction (General,
Supplementary and other Conditions); and (4) compile a project manual that includes the Conditions of the Contract
for Construction and may include bidding requirements and sample forms.
§ 3.4.4 Prior to the conclusion of the Construction Documents Phase, the Architect shall submit the Construction
Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to
review the Construction Documents.
§ 3.4.5 Upon receipt of the Construction N4anager's information and estimate at the conclusion of the Construction
Documents Phase, the Architect shall take action as required under Section 6.7 and request the Owner's approval of
the Construction Documents.
§ 3.5 Bidding or Negotiation Phase Services
§ 3.5.1 General
The Architect shall assist the Owner and Construction Manager in establishing a list of prospective contractors.
Following the Owner's approval of the Construction Documents, the Architect shall assist the Owner and
Construction Manager in (1) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness
of bids or proposals; (3) determining the successful bid or proposal, if any; and (4) awarding and preparing contracts
for construction.
§ 3.5.2 Competitive Bidding
§ 3.5,2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents.
§ 3.5.2.2 The Architect shall assist the Owner and Construction Manager in bidding the Project by
.1 facilitating the reproduction of Bidding Documents for distribution to prospective bidders,
.2 participating in a pre -bid conference for prospective bidders, and
.3 preparing responses to questions from prospective bidders and providing clarifications and
interpretations of the Bidding Documents in the form of addenda.
§ 3.5.2.3 The Architect shall consider requests for substitutions, if the Bidding Documents permit substitutions, and
shall consult with the Construction Manager and prepare and distribute addenda identifying approved substitutions to
all prospective bidders.
(Paragraphs deleted)
§ 3.6 Construction Phase Services
§ 3.6.1 General
§ 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth
below and in AIA Document A232T"' -2009, General Conditions of [tie Contract for Construction, Construction
Manager as Adviser Edition. If the Owner and Contractor modify AIA Document A232 -2009, those modifications
shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this
Agreement.
§ 3.6.11 The Architect shall advise and consult with the Owner and Construction Manager during the Construction
Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this
Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means,
methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work,
nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the
AIA Document 813214 - 2009 (formerly 8141`uCMa- 1992). Copyright reserved.
®1992 and 2009 by The American Institute of Architects. All rights rese
Init. kIARNWiG: This Alf,' Document is prctecacu by U.S, Copyright Law and internatio!:al Trentlea. Unzouthcriz =_d renroductian or distlfttieeof this AW g
Docurnent. or amy p9rtron of it, away result in severe civil and mr inai eanaaies, and Will be pFOaannted ,o lha rnarimmn extenl possible undo: the im."
t This document was produced by AIA software at 13:05.53 on 12/01/2018 under Order No.1883535756 _i which a Ares on 1 112 112 01 7, and Is notfor resale.
User Notes: (925987441)
requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or
omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the
Construction Manager, or the Contractor or of any other persons or entities performing portions of the Work_
§ 3.6.1.3 Subject to Section 4.3, the Architect's responsibility to provide Construction Phase Services commences
with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate for
Payment.
§ 3.6.2 Evaluations of the Work
§ 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required
in Section 4.3.3, to become generally familiar with the progress and quality of the portion of the Work completed, and
to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully
completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make
exhaustive or continuous on -site inspections to check the quality or quantity ofthe Work. On the basis of the site visits,
the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work
completed, and report to the Owner and the Construction Manager (1) known deviations from the Contract Documents
and from the most recent construction schedule, and (2) defects and deficiencies observed in the Work.
§ 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents and shall
notify the Construction Manager about the rejection. Whenever the Architect considers it necessary or advisable, the
Architect, upon written authorization from the Owner and notification to the Construction Manager, shall have the
authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents,
whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a
decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility
of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or
other persons or entities performing portions of the Work.
§ 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the
Contract Documents on written request of the Construction Manager, Owner, or Contractor through the Construction
Manager. The Architect's response to such requests shall be made in writing within any time limits agreed upon or
otherwise with reasonable promptness.
§ 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable
from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations
and decisions, the Architect steal I endeavor to secure faithful performance by both Owner and Contractor, shall not
show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The
Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the
Contract Documents.
§ 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term
is defined in AIA Document A232 -2009, the Architect shall render initial decisions on Claims between 'lie Owner and
Contractor as provided in the Contract Documents.
§ 3.6.3 Certificates for Payment to Contractor
§ 3.6.3.1 The Architect shall review and certify an application for payment not more frequently than monthly. Within
seven days after die Architect receives an application for payment forwarded from the Construction Manager, the
Architect shall review and certify the application as follows:
.1 Wherethere is only one Contractor responsible for performing the Work, the Architect shall review the
Contractor's Application and Certificate for Payment that the Construction Manager has previously
reviewed and certified. The Architect shall certify the amount due the Contractor and shall issue a
Certificate for Payment in such amount.
.2 Where there are Multiple Prime Contractors responsible for performing different portions of the
Project, the Architect shall review a Project Application and Project Certificate for Payment, with a
Summary of Contractors' Applications for Payment, that the Construction Manager has previously
prepared, reviewed and certified. The Architect shall certify the amounts due the Contractors and shall
issue a Project Certificate for Payment in the total of such amounts.
tali AIA Document 8132^ - 2009 (formerly BUV7 CWa 1992). Copyright ®1992 and 2009 by The American Institute of Architects. All rights reserved.
WARNING: This AIA' Dncuraenf is pretecred by U.S. Copyright Law and Imcmaticnai ?rea<ios Un:wthodze�i rllMducticn or distdbuticn of tills AW 10
DO.,pmem, or ally eort:Uir o: It, may 1'i's Ca in Save, 01111 aild C(Im16Bl p, e'ties; in- "ii) be i rea9Coted le the m, "Xi?,um extent be£fiihl�!nn4er tire lsu',
r This document was produced by AA software at 13:05:53 on 12/01(2016 under Order No. 1883535755 1 which expires on 11/2112017, and is not for resale.
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§ 3.6.3.2 The Architect's certification for payment shall constitute a representation to the Owner, based on (t) the
Architect's evaluation of the Work as provided in Section 3.6.2, (2) the data comprising the Contractor's Application
for Payment or the data comprising the Project Application for Payment, and (3) the recommendation of the
Construction Manager, that, to the best of the Architect's knowledge, information and belief, the Work has progressed
to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing
representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon
Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from
the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect.
§ 3.6.3.3 The issuance of a Certificate for Payment or a Project Certificate for Payment shall not be a representation
that the Architect has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the
Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of
requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate
the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money
previously paid on account of the Contract Sum.
§ 3.6.3.4 The Architect shall maintain a record of the applications and certificates for payment.
§ 3.6.4 Submittals
§ 3.6.41 The .Architect shall review the Construction Manager's Project submittal schedule and shall not unreasonably
delay or withhold approval. The Architect's action in reviewing submittals transmitted by the Construction Manager
shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal
schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to
permit adequate review.
§ 16.4.2 In accordance with the Architect- approved Project submittal schedule, and after the Construction Manager
reviews, approves and transmits the submittals, the Architect shall review and approve or take other appropriateaction
upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose
of checking for conformance with information given and the design concept expressed in the Contract Documents.
Review of such submittals is not for the purpose of determining the accuracy and completeness of other information
such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's
responsibility. The Architect's review shall not constitute approval of safety precautions or, unless otherwise
specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The
Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component.
§ 3.6.4.3 if the Contract Documents specifically require the Contractor to provide professional design services or
certifications by it design professional related to systems, materials or equipment, the Architect shall specify the
appropriate performance and design criteria that such services must satisfy. The Architect shall review shop drawings
and other submittals related to the Work designed or certified by the design professional retained by the Contractor
that bear such professional's seal and signature when submitted to the Architect. The Architect shall be entitled to rely
upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by
such design professionals.
§ 3.6.4.4 After receipt of the Construction Manager's recommendations, and subject to the provisions of Section 4.3,
the Architect shall review and respond to requests for information about the Contract Documents. The Architect, in
consultation with the Construction Manager, shall set forth in the Contract Documents the requirements for requests
for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the
specific Drawings or Specifications in need of clarification and the nature of the clarification requested, The
Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with
reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and
Specifications in response to requests for information.
§ 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals transmitted by the Construction
Manager in accordance with the requirements of the Contract Documents. For the receipt, distribution, and
management of submittals the Architect anticipates utilizing Submittal Exchange or a similar project management tool
or program that meets the approval of the Owner and Construction Manager.
At Document B132TM — 2009 (formerly 8141 mCMa — 1992). Copyright 01992 and 2009 by The American In saltine of Architects. All rights reserved.
Init. WARNIHG This AIA° Document i. proacted by US, Cnpy-i h, Law n1I . m r 1 a Ue. t nr nx.rize,1 ""'ductlon or disfnb -ticn n( `+s NA` 11
Document or any Portion of it, may ros. t,n severo "Nil and crihnaal i.e „ai:ies And will Sc .10secotad Yo .he n,nxl=xn ex.ent pcnslbia under ..e law.
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§ 3.6.5 Changes in the Work
§ 3.6.5.1 The Architect shall review and sign, or take other appropriate action, on Change Orders and Construction
Change Directives prepared by the Construction Manager for the Owner's approval and execution in accordance with
the Contract Documents.
§ 3.6.5.2 The Architect may authorize minor changes in the Work that are wnsistetu with the intent of the Contract
Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Stroh changes
shall be effected by written order issued by the Architect through the Construction Manager.
§ 3.6.5,3 The Architect shall maintain records relative to changes in the Work.
§ 3.6.5.4 The Architect shall endeavor to identify and consider value engineering options throughout the design and
construction process when such options result in a cost benefit to the Owner, yet maintain the originally specified
performance of the considered material, product, or system.
§ 3.6.6 Project Completion
§ 3.6.6.1 The Architect, assisted by the Construction Manager, shall conduct inspections to determine the date or dates
of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion prepared by
the Construction Manager; receive from the Construction Manager and review written warranties and related
documents required by the Contract Documents and assembled by the Contractor; and, after receipt of a final
Contractor's Application and Certificate for Payment or a final Project Application and Project Certificate for
Payment from the Construction Manager, issue a final Certificate for Payment based upon a final inspection indicating
the Work complies with the requirements of the Contract Documents.
§ 3.6.6.2 The Architect's inspections shall be conducted with the Owner and Construction Manager to check
conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and
completeness of the list submitted by the Construction Manager and Contractor of Work to be completed or corrected.
§ 3.6.6.3 When the Work is found to be substantially complete by the Construction Manager and Architect, and after
certification by the Construction Manager and the Architect, the Architect shall inform the Owner about the balance of
the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if
any, for final completion or correction of the Work.
§ 3.6.6.4 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion,
the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility
operations and performance.
ARTICLE 4 ADDITIONAL SERVICES
§ 4.1 Additional Services listed below are not included in Basic Services but may be required for the Project. The
Architect shall provide the listed Additional Services only if specifically designated in the table below as the
Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2.
(Designate the Additional Services the Architect shall provide in the second column ofthe table below.. In the third
eohonn indicate whether the service description is located in Section 4.2 or in on attached exhibit. If in an exhibit,
identify the exhibit.)
Services
Responsibility
(Architect, avner
or
Not provided)
Location of Service Description
(Section 4.2 below or in air exhibit
attached to this document and
Identified below)
4.1.1 Programming 2027AL2009
4.1.2 Multiple preliminary desiglis
4.1.3 Measured drawings
4.1.4 Existing facilities surveys
4.1.5 Site evaluation and planning (B203Tm -2007
4.1.6 Building Information Modeling 202''m -2008)
Architect
4.1,7 Civil engineering
Owner
1.I. t0.5, ifre uired
4.1.8 Landscape design
A1 Document 8132* — 2009 (formerly 8141* "CMa - 1992). Copyright ®1992 and 2009 by The American Institute of Architects. All rights reserved.
Init. WA NING: ThisA IA"r ichumentf, protectedbyU. i.^, opy6umLawsadinternalionaiTr a :files.tineuamflzedrhprcdvct3o,i ordistributi000f this AWA 12
nocumarit, or any portion of it, may result in severe civil :md crinrinai penalties, and r it be urosecuted to the maxknam extent pun,iitva unde:'the lava.
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4.1.9 Architectural interior design (B252TNL200
Architect
3.1.12
4.110 Value analysis 204TM -2007
4.1.11 Detailed cost estimating
Construction —Mgr
4.1.12 On -site project representation B207rm -2008)
4.1.13 Conformed construction documents
4.1.14 As-designed record drawin s
4.1.15 As- constructed record drawings
Architect
4.1.16 Post occupancy evaluation
"
4.1.17 Facility support services (B210T ^1 -2007)
4.1.18 Tenant - related services
4AA9 Coordination of Owner's consultants
4.1 .20 Telecommunications /data design
J.4.1.21 Security evaluation and planning (B206Tm-2007)
Architect
3.1.1.4
4.1.22 Commissioning B21 1T10 -2007
4.1.23 Extensive environmentally responsible design
4.1.24 LEEO" certification B214TM -2012
4.1.25 Kstoric preservation 132051" -2007)
§ 4A.26 Furniture, furnishings, and equipment design
(B253 "rm 2007)
§ 4.2 Insert a description of each Additional Service designated in Section 4.1 as the Architect's responsibility, if not
further described in an exhibit attached to this document.
§ 4.3 Additional Services may be provided after execution of this Agreement, without invalidating the Agreement.
Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this
Section 4.3 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the
Architect's schedule.
§ 4.3.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner
with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not
proceed to provide the following services until the Architect receives the Owner's written authorization:
.1 Services necessitated by a change in the initial information, previous instructions or recommendations
given by the Construction Manager or the Owner, or approvals given by the Owner, or a material
change in the Project including, but not limited to, size, quality, complexity, building systems, the
Owner's schedule or budget for Cost of the Work, constructability considerations, procurement or
delivery method, or bid packages in addition to those listed in Section I.1.6;
1 Making revisions in Drawings, Specifications, or other documents (as required pursuant to Section
6.7), when such revisions are required because the Construction Manager's estimate of the Cost of the
Work exceeds the Owner's budget, except where such excess is due to changes initiated by the
Architect in scope, capacities of basic systems, or the kinds and quality of materials, finishes or
equipment;
.3 Services necessitated by the Owner's request for extensive environmentally responsible design
alternatives, such as unique system designs, in -depth material research, energy modeling, or LEEDO
certification;
.4 Changing or editing previously prepared instruments of Service necessitated by the enactment or
revision of codes, laws or regulations or official interpretations;
.5 Services necessitated by decisions of the Owner or Construction Manager not rendered in a timely
mariner or any other failure of performance on the pall of the Owner, Construction Manager or the
Owner's other consultants or contractors;
.6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner
or Construction Manager;
(Paragraph deleted)
Init. AIA Document 13132T" —2009 (formerly BW4 Ch1a — 1992). Copyright ®1992 and 2009 by The American Institute of Architects. All rights reserved.
WARNsMG: This AIA "' Document is protected by U.S, Copyrig'll iLaa mw International Trealles. Vr•.authurized mproductlon ordistribulian of this A!A` 13
Document, or nny portion or it, may result in severe civil and criminal aecawor" m[d v. -iN b^ presacutsd to the minn':um extent pwstYe under the las.
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.7 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the
Architect is party thereto;
(Paragraph deleted)
.8 Consultation concerning replacement of Work resulting from fire or other cause during construction; or
§ 43.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify
the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If the Omer
subsequently determines that all or parts of those services are not required, the Owner shall give prompt written notice
to the Architect, and the Owner shall have no further obligation to compensate the Architect for those services:
(Paragraph deleted)
.1 Responding to the Contractor's requests for information that are not prepared in accordance with the
Contract Documents or where such information is available to the Contractor from a careful study and
comparison of the Contract Documents, field conditions, other Owner- provided information,
Contractor - prepared coordination drawings, or prior Project correspondence or documentation;
.2 Preparing Change Orders, and Conshvetion Change Directives that require evaluation of Contractor's
proposals and supporting data, or the preparation or revision of Instruments of Service;
(Parag)aph deleted)
.3 Evaluating substitutions proposed by the Owner, Construction Manager or Contractor and making
subsequent revisions to Instruments of Service resulting therefrom; or
.4 To the extent the Architect's Basic Services are affected, providing Construction Phase Services 60
days alter (1) the date of Substantial Completion of the Work or (2) the anticipated date of Substantial
Completion, identified in Initial Information, whichever is earlier.
(Paragraphs deleted)
ARTICLE 5 OWNER'S RESPONSIBILITIES
§ 5.1 Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested
information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights.
§ 5.2 The Owner shall retain a Construction Manager to provide services, duties and responsibilities as described in
AIA Document C 132 -2009, Standard Form of Agreement Between Owner and Construction Manager. The Otmer
shall provide the Architect a copy of the executed agreement between the Owner and the Construction Manager, and
any fircther modifications to the agreement.
§ 5.3 The Owner shall furnish the services of a Construction Manager that shall be responsible fur creating The overall
Project schedule. The Owner shall adjust the Project schedule, if necessary, as the Project proceeds.
§ 5.4 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget
for the Cost of the Work as defined in Section 6.1, (2) the Owner's other costs, and (3) reasonable contingencies
related to all of these costs. The Owner shall furnish the services of a Construction Manager that shall be responsible
for preparing all estimates of the Cost of the Work. If the Owner significantly increases or decreases the Owner's
budget for the Cost of the Work, the Owner shall notify the Architect and the Construction Manager, The Owner and
the Architect, in consultation with the Construction Manager, shall thereafter agree to a corresponding change in the
budget for the Cost of the Work or in the Project's scope and quality.
§ 5.4.1 The Owner acknowledges that accelerated, phased or fast -track scheduling provides a benefit, but also carries
with it associated risks. Such risks include the Owner incurring costs for the Architect to coordinate and redesign
portions of the Project affected by procuring or installing elements ofthe Project prior to the completion of all relevant
Construction Documents, acid costs for the Contractor to remove and replace previously installed Work. If the Owner
selects accelerated, phased or fast -track scheduling, the Owner agrees to include in the budget for the Project sufficient
contingencies to cover such costs.
Init. At Documont 813219 —2009 (formerly 8141 i9CMa- 19921. Copyright ® 1992 and 2009 by The American Inslituie of Architects. All rights reserved.
WARNING: This AIA' Document is pru[acied by UK& Cnpyrlgin Law and boamatioral Traaties. IUnauthtunred v =nrcdgctlwi or distribution o` this
t"'% .14
Document er >ny portion of it, may result n Severn cNi! and crbuinnl penalties, and win be otosocoted to the maximam c;+zant P.W6 le under 111e Law.
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§ 5.5 The Owner shall identify a representative authorized to act ontho Owner's behalf with respect to the Project. The
Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable
delay in the orderly and sequential progress of the Architect's services.
§ 5.6 if required, the Owner shall furnish surveys to describe physical characteristics, legal limitations and utility
locations for die site of the Project, and a written legal description of the site. The surveys and legal information shall
include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated
wetlands; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions,
boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other
improvements and trees; and information concerning available utility services mid lines, both public and private,
above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project
benchmark.
§ 5.7 If required, the Owner shall frtuhish services of geotechnical engineers, which may include but are not limited to
test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials,
seismic
evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil
conditions, with written reports and appropriate recommendations.
§ 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Architect.
Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between die
Owner and the Owner's consultants. The Owner shall furnish the services ofconsultants other than those designated in
this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such
services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that
its consultants maintain professional liability insurance and other liability insurance as appropriate to the set-vices
provided.
§ 5.9 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as
structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials.
§ 5.10 The Owner shall furnish all legal, insurance and accounting set-vices, including auditing services, that may be
reasonably necessary at any time for the Project to meet the Owner's needs and interests.
§ 5.11 The Owner shall provide prompt written notice to the Architect and Construction Manager if the Owner
becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's
Instruments of Service.
§ 5.12 Except as otherwise provided in the Contract Documents or when direct communications have been specially
authorized, the Owner shall endeavor to communicate with the Contractor through the Construction Manager, and
shall contemporaneously provide the same communications to the Architect about matters arising out of or relating to
die Contract Documents. Communications by and with the Architect's consultants shall be through the Architect.
§ 5.13 Before executing the Contract for Construction, die Owner shall coordinate the Architect's duties mid
responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement. The
Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including-the
General Conditions of the Contract for Construction.
§ 5.14 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall
obligate the Construction Manager and Contractor to provide the Architect access to the Work wherever it is in
preparation or progress.
ARTICLE 6 COST OF THE WORK
§ 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all
elements of the Project designed or specified by die Architect and shall include die contractors' general conditions
costs, overhead and profit. The Cost of the Work includes the compensation of the Construction Manager and
Construction Manager's consultants during the Construction Phase only, including compensation for reimbursable
expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect, the costs of
AIA Document 81321" — 2009 (formerly l314V4CMa- 1992(. Copyright 01992 and 2009 by The American Institute of Architects. All rights reserved.
Init. WARNING: This At A' Do:umant is protected by U.S. Copyright tar, and lnttaOst.OhM Treuilcs. Unauthorized tottto ftilnn n or dh Annutan, at this MA" .( 5
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the land, rights -of -way, financing, contingencies for changes in the Work, furnishings, or other costs that are the
responsibility of the Owner.
§ 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout
the Project as required under Sections 5.4 and 6.4. Evaluations of the Owner's budget for the Cost of the Work
represent the Architect's judgment as a design professional.
§ 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or
negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be
entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager
prepares as the Architect progresses with its Basic Services. The Architect shall prepare, as an Additional Service,
revisions to the Drawings, Specifications or other documents required due to the Construction Manager's inaccuracies
or incompleteness in preparing cost estimates. The Architect may review the Construction Manager's estimates solely
for the Architect's guidance in completion of its services, however, the Architect shall report to the Owner any
material inaccuracies and inconsistencies noted during any such review.
(Paragraph deleted)
§ 6.41f., prior to the conclusion of the Design Development Phase, the Construction Manager's estimate of the Cost of
the Work exceeds the Owner's budget for the Cost of the Work, the Architect, in consultation with the Construction
Manager, shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget, and the
Owner shall cooperate with the Architect in making such adjustments.
§ 6.5 If the estimate of the Cost of the Work at die conclusion of the Design Development Phase exceeds the Owner's
budget for the Cost of the Work, the Owner shall
11 give written approval of an increase in the budget for the Cost of the Work;
.2 in consultation with the Architect and Construction Manager, revise the Project program, scope, or
quality as required to reduce the Cost of the Work; or
.3 implement any other mutually acceptable alternative.
§ 6.6 If the Owner chooses to proceed under Section 6.5.2, the Architect, without additional compensation, shall
incorporate the required modifications in the Construction Documents Phase as necessary to comply with the Owner's
budget for the Cost of the Work at the conclusion of the Design Development Phase Services, or the budget as adjusted
under Section 6.5.1. The Architect's modification of the Construction Documents shall be the limit of the Architect's
responsibility as a Basic Service under this Article 6.
§ 6.7 After incorporation of modifications under Section 6.6, the Architect shall, as an Additional Service, make any
required revisions to the Drawings, Specifications or other documents necessitated by subsequent cost estimates that
exceed the Owner's budget for the Cost of the Work, except when die excess is due to changes initiated by the
Architect in scope, basic systems, or the kinds and quality of materials, finishes or equipment.
ARTICLE 7 COPYRIGHTS AND LICENSES
§ 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the
transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit
such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of Service or any
other information or documentation in digital form, they shall endeavor to establish necessary protocols governing
such transmissions.
§ 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective
Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and
other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official
regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in
derogation of the reserved rights of the Architect and the Architect's consultants.
§ 7.3 Upon execution of this Agreement, die Architect grants to the Owner a nonexclusive license to use the
Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering
AIA Uocumont Bi32TM — 2009 (formerly 8141' "CMa - 1992). Copyright (91992 and 2009 by The American Institute of Architects. All rights reserved.
[nit. WARNING: This AtA' document is protected by U.S. Copyright Lt v and Internat3oret rroa?I2s Unauthor +led rasroductioe or dletribuJml of ftms SA" 16
Document, or any cordon orit may result in severm civil and crnnin:il penaicies, and will be pmsecetad to thn maximum event possible under th, A•w
f This document was produced by AIA software w 13:05:53 on 12/01/2016 under Order No.1883535755_i which e*ms on 11/2112017, and is hotter resale.
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and adding to the Project, provided that the Owner substantially performs its obligations, including prompt payment of
all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the
Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to
authorize the Contractor, Construction Manager, Subcontractors, Sub - subcontractors, and material or equipment
suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the
Instruments of Service solely and exclusively for use in performing services or construction for the Project. If the
At rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section
7.3 shall terminate.
§ 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of
Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising
from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the
Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of
action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the
Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully
terminates this Agreement for cause under Section 9.4.
§ 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied
under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license
granted herein to another party withoutthe prior written agreement of the Architect. Any unauthorized use of the
Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's
consultants.
ARTICLE 8 CLAIMS AND DISPUTES
§ 8.1 General
§ 8.1,1 The Owner and Architect shall commerce all claims and causes of action, whether in contract, tort, or
otherwise, against the other arising out of or related to this Agreement in accordance with die requirements of the
method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in
any case not more than 10 years after the date of Substantial Completion of die work. The Owner and Architect waive
all claims and causes of action not commenced in accordance with this Section 8.1.1.
§ 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against
each other and against the contractors, consultants, agents and employees of the other for damages, except such rights
as they may have to the proceeds of such insurance as set forth in AIA Document A232- -2009, General Conditions of
the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the Construction Manager,
contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated
herein-
§ 8.1.3 The Architect shall indemnify and hold the Owner and the Owner's officers and employees harmless from and
against damages, losses and judgments arising from claims by third parties, including reasonable attorneys' fees and
expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts or omissions of
the Architect, its employees and its consultants in the performance of professional services under this Agreement. The
Architect's duty to indemnify the Owner under this provision shall be limited to the available proceeds of insurance
coverage_
§ 8.1.4 The At and Owner waive consequential damages for claims, disputes or other matters in question arising
out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages
due to either party's termination of this Agreement, except as specifically provided in Section 9.7.
§ 8.2 Mediation
§ 8.2,1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to
mediation as a condition precedent to binding dispute resolution. if such matter relates to or is the subject of a lien
arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the
lien notice or tiling deadlines prior to resolution of die matter by mediation or by binding dispute resolution.
§ 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between
them by mediation which, unless the parties mutually agree otherwise, shall be administered by the American
AIA Document 81321" —2009 (formerly 8141TMCMa- 1992). Copyright 0 1992 and 2009 by The American Institute of Architects. All rights reserved.
Init. WARNING: Tigis AlA' Doc uraent I. protsctwl by U.S. Copy rig hi Lava and h't'r"Vonal / "reaties. Unauthorized re crud ! 17
S P. J e F actiona: tpo baleu der the NA'
Dnrurnent, or any Portion of it, may resgdt in savere ciri and aiminat penalties, cu�.d witi f•.e pxosecuted to the ¢mrimurn ezten: possible under the law.
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Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the
Agreement, A request for mediation shall be made in writing, delivered to die other party to the Contract, and filed
with the person or entity administering the mediation. The request may be made concurrently with the filing of a
complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in
advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days
from die date of fil ing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration
proceeding is stayed pursuant to this section, the parties may nonetheless proceed to die selection of the arbitrator(s)
and agree upon a schedule for later proceedings.
§ 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place
where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall
be enforceable as settlement agreements in any court havingjurisdiction thereof,
§ 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding
dispute resolution shall be the following:
(Check the appropriate box. If the Owner and Architect do not select a inethod ofbinding dispute resolution below, or
do not subseyuenrly agree in writing to a binding dispute resolution method other than litigation, the dispute Ivilt be
resolved in a court of competent jurisdiction.)
[ X ] Arbitration pursuant to Section 8.3 of this Agreement
( ] Litigation in a court of competent jurisdiction
[ ] Other: (Specify)
§ 8.3 Arbitration
§ 8.11 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement any
claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by,
mediation shall be subject to arbitration which shall be administered by the American Arbitration Association in
accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement, unless the parties
mutually agree otherwise. A demand for arbitration shall be made in writing, delivered to the other party to this
Agreement, and filed with the person or entity administering the arbitration.
§ 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with die filing of a request for mediation,
but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim,
dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations
purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall
constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question.
§ 8.3.2 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly
consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any
court having jurisdiction thereof.
§ 8.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with
applicable law in any court having jurisdiction thereof.
§ 8.3.4 Consolidation or Joinder
§ 8.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any
other arbitration to which it is a party provided that (I) the arbitration agreement governing the other arbitration
permits consolidation, (2) the arbitrations to be consolidated substantially involve common issues of law or fact, and
(3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s).
§ 8.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a
common question of fact or law whose presence is required if complete relief is to be accorded in arbitration, provided
that the party sought to bejoined consents in writing to sucli joinder. Consent to arbitration involving an additional
Init. AIA Document 6132"' —2009 (formerly 614119CW- 1992). Copyright 01992 and 2009 by The American Insfiluto of Architects. All rights reserved.
W An MWG: This AIA' Document Is pro tvcted by U:S. Copyright law trod International "i rextias. Urnmaior ted raprotluctilo or ai;ttlbun.r, of Uns AIA . 18
00cu ment, or any portion of ft, may result In severe civil and criminal penalties, anal v.•ilf be Dminisuted se the nleximun; extent possibia under the la•,v.
t This Document was produced by AIA software at 13:05:53 on 1210112016 under Order No.1683535755 1 which expires on 11121J2017. and is nplfor resale.
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person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not
described in the written consent.
§ 8.3.4.3 T'he Owner and Architect grant to any person or entity made a party to an arbitration conducted under this
Section 8.3, whether byjoinder or consolidation, the same rights ofjoinder and consolidation as the Owner and
Architect under this Agreement.
ARTICLE 9 TERMINATION OR SUSPENSION
§ 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be
considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of
performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give
seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the
Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of
services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses
incurred in the imen option and resumption of the Architect's services. The Architect's fees for the remaining services
and the time schedules shall be equitably adjusted.
§ 9.2 If the Owner .suspends the Project, the Architect shall be compensated for services performed prior to notice of
such suspension.'Ihe Architect's fees for the remaining services and the time schedules shall be equitably adjusted.
§ 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the
Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice.
§ 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party
fail substantially to perform in accordance with the tennis of this Agreement through no fault of the party initiating the
termination.
§ 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the
Owner's convenience and without cause.
§ 9.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services
performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as
defined in Section 9.7.
§ 9.7 Termination Expenses are in addition to compensation for the Architect's services and include expenses directly
attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's
anticipated profit on the value of the services not performed by the Architect.
§ 9.8 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement
are set forth in Article 7 and Section 11.9.
ARTICLE 10 MISCELLANEOUS PROVISIONS
§ 10.1 This Agreement shall be governed by the law of the place where the Project is located, except that if the parties
have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern
Section 8.3.
§ 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A232 -2009, General
Conditions of the Contract for Construction.
§ 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal
representatives to this Agreement. Neither the Owner nor the At shall assign this Agreement without thewritten
consent of the other, except that the Omer may assign this Agreement to a lender providing financing for the Project
i f the lender agrees to assume the Owner's rights and obligations under this Agreement.
§ 10.4 If die Owner requests the Architect to execute certificates, the proposed language of such certificates shall be
submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests
the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute
AIA Document 81321" —2009 (formerly 8141''Wa- 1992). Copyright 01992 and 2009 by The American Institute of Architects. All rights reserved.
(niL wARP:!PIG. This AW Document Is protected by U.S. Copyright Lam and inte;nat'on at Treaties. Unaethoiized rrproduct:on Ord istrituder, cf tits AIA" 19
Document, or any porrion of It, may rest, it in severe -loll and etlminal peoitias, and viii bo prosecuted to die maximum extent possible under tho law.
This document was produced by AIA software at 13:05:53 on 12/01/2016 under Order No.1883535755 1 which expires on 1112112017, and is not for resale.
User Notes: (925987441)
all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect
for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents
that would require knowledge, services or responsibilities beyond the scope of this Agreement.
§ 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of
a third party against either the Owner or Architect.
§ 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery,
presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any
form at the Project site.
§ 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project
among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the
completed Project to make such representations. However, the Architect's materials shall not include the Owner's
confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific
information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for
the Architect in the Owner's promotional materials for the Project.
§ 10.8 If the Architect or Owner receives information specifically designated by the other party as "confidential" or
"business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to
any other person except to (1) its employees, (2) those who need to know the content of such information in order to
perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose
contracts include similar restrictions on the use of confidential information.
ARTICLE 11 COMPENSATION
§ 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as
follows:
(Insert amount of or basisfor, compensation.)
A Stipulated Fee of 8 %not to exceed $240,000 based on a Cost of Work and corresponding scope of $3,000,000. The
Architect will credit the fee for Concept Design in the Agreement dated July 5, 2016 in the amount of $10,000, less
reimbursable expense for automobile mileage cost for trips on July 25, 2016 and September 14, 2016, totaling
$570.24. The amount shall be creditied with the first monthly invoice.
§ 11.2 For Additional Services designated in Section 4. 1, the Owner shall compensate the Architect as follows:
(Insert amount of, or basisfor, compensation. If necessary, list specific services to which particular methods of
compensation apply.)
N/A
§ 11,3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the
Owner shall compensate the Architect as follows:
(Insert amount of or basisfor, compensation)
An amount equal to 8% of the Cost of such additional services, or on an hourly basis at the rates identified in Article
11.6; the method of pay determination beingmutually agreeable to the Owner and Architect based on the circumstance
associated with each, or any, Additional service required.
§ 11.A Compensation for Additional. Services of the Architect's consultants when not included in Sections 11.2 or
11.3, shall be the amount invoiced to the Architect plus ten percent (10 %), or as otherwise stated below:
§ 11.5 Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the work, the
compensation for each phase of services shall be as follows:
Schematic Design Phase ten percent ( 10 %)
Design Development Phase twenty percent ( 20 %)
trail AIA Document 13132"-2009 (formerly B141TMCMa- 1992). Copyright 01992 and 2009 by The American Institute of Architects. All rights reserved.
LdARNIH(c : this AIA° Oacument Is protected by U.B. Copyright law cad hrternatlanal Troatie -. Unxuthcdzed repro;iactlon or dfsrrbu &on ofviis At A" ZQ
nocnment, Oro ny portion of it, may result In s ^.were civil and criminal penalties, and :will he provecutMl to the maximum axlont possibM under the la•:v.
1 This document was produced by ALA software at 15:57:38 on 12/01/2016 under Order No.1883535755_I which expires on 1112112017, and is not for resale.
User Notes: (846876542)
Construction Documents Phase forty -five percent ( 45 %)
Bidding or Negotiation Phase five percent ( 5 %)
Construction Phase twenty percent ( 20 %)
Total Basic Compensation one hundred percent ( 100 a /o)
The Owner acknowledges that with an accelerated Project delivery or multiple bid package process, the Architect may
be providing its services in multiple Phases simultaneously. Therefore, the Architect shall be permitted to invoice
monthly in proportion to services performed in each Phase of Services, as appropriate.
§ 11.6 The hourly billing rates for services ofthe Architect and the Architect's consultants, if any, are set forth below.
The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices.
(IJ'applicable, attach an exhibit of hourly billing rater or insert them below)
Employee or Category
Rate ($0.00)
Principal
$150
Project Manager
$115
Project Architect
$ 95
Intern Architect
$ 75
Technical Support
$ 65
!Table deleted)
(Paragraphs deleted)
§ 11.8 Compensation for Reimbursable Expenses
§ 11.8.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include
expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows:
.1 Transportation and authorized out -of -town travel and subsistence; limited to 34 separate trips.
(Paragraph deleted)
..2 Printing, reproductions, plots, standard form documents; includes a maximum of 3 - 95% check sets,
and 3 - 100% plan sets and specifications.
.3 Postage, handling and delivery;
(Paragraphs deleted)
4 Submittal Exchange project information management subscription..5 Other similar Project - related
expenditures.
§ 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the
Architect's consultants plus ten percent (10 %) of the expenses incurred. Reimbursable expense shall be limited to
a not -to -exceed cost of $20,190.
§ 11.9 Compensation for Use of Architect's Instruments of Service
If the Owner terminates the Architect for its convenience under Section 9.5, or the Architect terminates this
Agreement under Section 9.3, the Owner shall pay a licensing fee as compensation for the Owner's continued use of
the Architect's Instruments of Service solely for purposes of completing, using and maintaining the Project.
§ 11.10 Payments to the Architect
§ 11.10.1 An initial payment of zero ($ 0 ) shall be made upon execution of this Agreement and is the minimum
payment under this Agreement. It shall be credited to the Owner's account in the final invoice.
AIA Document 8132- —2009 (formerly 8141 -CMa- 19921. Copyright ®1992 and 2009 by The American Institute of Architects. All rights reserved.
snit. NARNWG1 This ➢.I A' Document is pmtectad by U.S. Copy, ,ight ).ow and International Troad's. Unautherizcd ",odoction or distibuiic. cf tnle AWI 21
Document, or any portion of It, may result (a severe civil and criminal penalticst and vall be proseceted to Ere maximum exCent pcs'sibin under The taw.
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User Notes: (925987441)
§ 11.10.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed.
Payments are due and payable
(Paragraphs deleted)
within 30 days after presentation of the Architect's invoice.
§ 11.10.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated
damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work
unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding.
§ 11.10.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on
the basis of hourly rates shall be available to the Owner at mutually convenient times.
ARTICLE 12 SPECIAL TERMS AND CONDITIONS
Special terms and conditions that modify this Agreement are as follows:
N/A
ARTICLE 13 SCOPE OF THE AGREEMENT
§ 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and
supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be
amended only by written instrument signed by both Owner and Architect.
§ 13.2'Ibis Agreement is comprised of the following documents listed below:
.1 AIA Document I3132TN -2009, Standard Form Agreement Between Owner and Architect, Construction
Manager as Adviser Edition
(Paragraphs deleted)
.2 Other documents:
(List other documents, if ally, including additional scopes ofservice forming part ofthe Agreement.)
N/A
This Agreement is entered into as of the day and year first written above.
OWNER (Signature)
Warren Lehr, City Manager
(Printed name and title)
ARCHITECT (Signature)
James P. Estes President, Police Facility Design
Group, PA
(Printed name and title)
AIA Document B132TM —2009 (formerly B141Y9CMa- 1992). Copyright 01992 and 2009 by The American Institute of Architects. All rights reserved.
Init. WARNn{G: This AlA' Document is p<otected by U.S, Copyrignt Law and Inta:nafional Treaties. Unauthorized r ?pr.xfuc;ion or distribution of this AIA 22
Document. or my portion of it, may resuit In severe chin and criminal nenaltie. -,, ant, will be presecuto0 m the maximum astant p0151b!e under the la".
This document was produced by AIA software at 13:05:53 on 12109[2016 under Order No. 1883535755_1 which expires an 1112112017, and is notfor resale.
User Notes: (925987441)
sd
The City Wit out Limits.
TO:
Honorable Mayor and City Council
City of Owasso
FROM:
Karl A. Fritschen, MRCP, RLA, AICP
Chief Urban and Long Range Planner
SUBJECT:
Ordinance 1091, Utility Easement Closure
Braum's Ice Cream and Dairy Store 156
DATE:
December 2, 2016
BACKGROUND:
The City of Owasso received a request from Tanner Consulting, LLC for the complete closing
of a utility easement. The easement is located within the southernmost eleven (11) feet of Lot
1, Block 1 of Owasso Commercial Center III and the northernmost ten (10) feet of Lot 4, Block
1 of Owasso Commercial Center. The address of the property in question is 11503 East 76th
Street N. A new Braum's Ice Cream and Dairy store is being constructed on this property and
it has been determined by the developer that this easement is no longer necessary due to a
reconfiguration of the sewer lines across the property.
Required notice was sent to all franchise utility companies. The City of Owasso Public Works
Department was also contacted regarding the closing of the portion of the easement and
indicated there should be no impacts to future utilities. No other utilities appear to be
affected by the closing of this portion of the easement.
Upon Council action to close the easement, the applicant should take it to district court and
file for vacation of the easement which will completely remove it from the books.
TECHNICAL ADVISORY COMMITTEE:
The Technical Advisory Committee reviewed the request at their October 26, 2016, meeting.
No comments or concerns regarding negative impacts to utilities were expressed at the
meeting.
RECOMMENDATION:
Staff recommends approval of Ordinance 1091 closing the utility easement.
ATTACHMENTS:
Ordinance 1091
Legal Description Exhibit
Aerial Map
CITY OF OWASSO, OKLAHOMA
ORDINANCE 1091
AN ORDINANCE CLOSING TO THE PUBLIC USE A UTILITY EASEMENT LOCATED ON PROPERTY
DESCRIBED AS PART OF LOT FOUR (4), BLOCK ONE (1), "OWASSO COMMERCIAL CENTER," AN
ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE
RECORDED PLAT THEREOF (PLAT NO. 4422), AND A PART OF LOT ONE (1), BLOCK ONE (1),
"OWASSO COMMERCIAL CENTER III," AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY,
STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF (PLAT NO. 4952)
WHEREAS, the City of Owasso, Oklahoma has deemed it necessary and expedient to
close to the public use a portion of a certain public utility easement herein attached as Exhibit
"A "; and,
WHEREAS, the City of Owasso retains the absolute right to reopen the same without
expense to the municipality, and repealing all ordinances or parts of ordinances in conflict
herewith.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA,
THAT TO WIT:
A TRACT OF LAND THAT IS A PART OF LOT FOUR (4), BLOCK ONE (1), "OWASSO COMMERCIAL
CENTER," AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA,
ACCORDING TO THE RECORDED PLAT THEREOF (PLAT NO. 4422), AND A PART OF LOT ONE (1),
BLOCK ONE (1), "OWASSO COMMERCIAL CENTER III," AN ADDITION TO THE CITY OF OWASSO,
TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF (PLAT NO.
4952), SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 4; THENCE SOUTH 1015'28" EAST AND
ALONG THE EAST LINE OF LOT 4, FOR A DISTANCE OF 10.00 FEET; THENCE SOUTH 88 044'32" WEST
AND PARALLEL WITH THE NORTH LINE OF LOT 4, FOR A DISTANCE OF 150.00 FEET; THENCE NORTH
1015'28" WEST AND PARALLEL WITH THE WEST LINE OF LOT 4, FOR A DISTANCE OF 10.00 FEET TO A
POINT ON THE NORTH LINE OF LOT 4; THENCE NORTH 88 °44'32" EAST AND ALONG SAID NORTH
LINE, FOR A DISTANCE OF 1.00 FEET; THENCE NORTH 1015'28" WEST AND PARALLEL WITH THE WEST
LINE OF SAID LOT 1, FOR A DISTANCE OF 11.00 FEET; THENCE NORTH 88044'32" EAST AND PARALLEL
WITH THE SOUTH LINE OF LOT 1, FOR A DISTANCE OF 149.00 FEET TO A POINT ON THE EAST LINE OF
LOT 1; THENCE SOUTH 1015'28" EAST AND ALONG SAID EAST LINE, FOR A DISTANCE OF 11.00 FEET
TO THE POINT OF BEGINNING. SAID TRACT CONTAINING 3,139 SQUARE FEET OR 0.072 ACRES;
be, and the same is hereby closed for use as a utility easement.
Section 1. That all ordinances or parts of ordinances in conflict with this ordinance are
hereby expressly repealed.
Section 2. All ordinances, or parts of ordinances, in conflict with this ordinance are hereby
repealed to the extent of the conflict only.
Section 3. If any part or parts of this ordinance are deemed unconstitutional, invalid or
ineffective, the remaining portion shall not be affected but shall remain in full force and effect.
Section 4. The provisions of this ordinance shall become effective thirty (30) days from the
date of final passage as provided by state law.
Section 5. That there be filed in the office of the County Clerk of Tulsa County, Oklahoma,
a true and correct copy of this Ordinance.
PASSED AND APPROVED this _ day of 2016
Lyndell Dunn, Mayor
ATTEST:
Sherry Bishop, City Clerk
(SEAL)
APPROVED AS TO FORM:
Julie Lombardi, City Attorney
DATE FILED SEPT. 10, 1993 EXHIBIT "A" PLAT NO. 4952
OWASSO COMMERCIAL CENTER III
A REPLAT OF A PORTION OF LOT 1, BLOCK 1, OWASSO COMMERCIAL CE14TER
AN ADDITION TO THE CITY OF OWASSO. TULSA COUNTY, OKLAHOMA
OWNER
OKLAHOMA INVESTMENT CO.
P.O. BOA 2v3
WLSA. CK OVA 74101
PHME- (918) M7-1909
ENGINEER
TUTTLE & ASSOCIATES, INC
4606 S CM, -iE7 ROAD. sulm 310
MSA. OKLMOVA 74146
_PHC E, (918) 663 -5567
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PLAT BOOK. OF TULSA COUNTY - COPYRIGHT 1993- ROY MALCRNEE. CITY MAP SERVICE. INC.
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FEOr_PAL LAW PROHIBITS
REPRODUCTION FOR ANY PURPOSE WITHOUT PERMISSION OF COPYRIGHT OWNER.
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Exhibit "A.1"
Braum's 76th Street - Owasso OK
Utility Easement Vacation Description
Description
A TRACT OF LAND THAT IS A PART OF LOT FOUR (4), BLOCK ONE (1), "OWASSO COMMERCIAL CENTER ", AN
ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED
PLAT THEREOF (PLAT NO. 4422), AND A PART OF LOT ONE (1), BLOCK ONE (1), "OWASSO COMMERCIAL
CENTER III ", AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO
THE RECORDED PLAT THEREOF (PLAT NO. 4952), SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 4; THENCE SOUTH 1 °15'28" EAST AND ALONG THE EAST
LINE OF LOT 4, FOR A DISTANCE OF 10.00 FEET; THENCE SOUTH 88 °44'32" WEST AND PARALLEL WITH THE
NORTH LINE OF LOT 4, FOR A DISTANCE OF 150.00 FEET; THENCE NORTH 1 °15'28" WEST AND PARALLEL WITH
THE WEST LINE OF LOT 4, FOR A DISTANCE OF 10.00 FEET TO A POINT ON THE NORTH LINE OF LOT 4; THENCE
NORTH 88 °44'32" EAST AND ALONG SAID NORTH LINE, FOR A DISTANCE OF 1.00 FEET; THENCE NORTH 1 °15'28"
WEST AND PARALLEL WITH THE WEST LINE OF SAID LOT 1, FOR A DISTANCE OF 11.00 FEET; THENCE NORTH
88 °44'32" EAST AND PARALLEL WITH THE SOUTH LINE OF LOT 1, FOR A DISTANCE OF 149.00 FEET TO A POINT
ON THE EAST LINE OF LOT 1; THENCE SOUTH 1 °15'28" EAST AND ALONG SAID EAST LINE, FOR A DISTANCE OF
11.00 FEETTO THE POINT OF BEGINNING:
SAID TRACT CONTAINING 3,139 SQUARE FEET OR 0.072 ACRES.
Basis of Bearing
THE BEARINGS SHOWN HEREON ARE BASED UPON THE OKLAHOMA STATE PLANE COORDINATE SYSTEM, NORTH
ZONE (3501), NORTH AMERICAN DATUM 1983 (NAD83); SAID BEARINGS ARE BASED LOCALLY UPON
FIELD - OBSERVED TIES TO THE FOLLOWING MONUMENTS:
(1) 3/8" IRON PIN FOUND ATTHE SOUTHWEST CORNER OF LOT 4, BLOCK 1, "OWASSO COMMERCIAL CENTER ";
(2) 3/8" IRON PIN FOUND AT THE NORTHWEST CORNER OF LOT 4, BLOCK 1, "OWASSO COMMERCIAL CENTER ";
THE BEARING BETWEEN SAID MONUMENTS BEING NORTH 1 °15'28" WEST.
Certification
I, DAN E. TANNER, OF TANNER CONSULTING, LLC, CERTIFY
THAT THE ATTACHED DESCRIPTION CLOSES IN ACCORD
WITH EXISTING RECORDS, IS A TRUE REPRESENTATION OF
THE EASEMENTS AS DESCRIBED, AND MEETS THE
MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING
OF THE STATE OF OKLAHOMA.
07/21/2016 TBUSH 15026EX-EASEMENTVACATION
a; DAN EDWIN ;c.l
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DAN E. TANNER, P.L.S.
OKLAHOMA P.L.S. #1435 �y'•• 5 O�
OKLAHOMA CA #2661 �' ••
EXPIRATION DATE: 6/30/17
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Braum's 76th Street - Owasso OK
Utility Easement Vacation Exhibit
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This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy.
olease contact Owasso Public staff for the most up-to-date information. I
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The City Wit out Limits.
TO: Honorable Mayor and City Council
City of Owasso
FROM: Karl A. Fritschen, MRCP, RLA, AICP
Chief Urban and Long Range Planner
SUBJECT: Ordinance 1092 - Sanitary Sewer Easement Closure
Lot One (1), Block One (1), Hickory Creek II, 12805 E 67th St N
DATE: December 2, 2016
BACKGROUND AND ANALYSIS:
The City of Owasso received a request from Brian Green for the closing of a filed sanitary
sewer easement. The location of the easement encompasses 27.15 feet of the western half
of Lot One (1) Block One (1) of Hickory Creek II, a portion of Reserve Area "A" and E 67 +h St N.
The subject easement was filed as a separate instrument (Document #2013016829) when
Hickory Creek I was platted and covered a portion of what was to become Hickory Creek II.
When Hickory Creek II was platted a few years later, utility easements were provided by the
plat.
Essentially, there are dual easements in place and they have created title issues with the
subject property. It is believed the separate instrument was filed to ensure utilities would be
within a public easement in a small area that at the time was offsite from Hickory Creek I.
With the development Hickory Creek II, this instrument is no longer necessary.
A survey was prepared for the subject property, which located existing utilities. The closing of
the filed separate instrument, will not impact any public utilities as they will all still remain
within a platted easement as part of Hickory Creek II. Required notice was sent to all
franchise utility companies. The Owasso Public Works Department was also contacted
regarding the closing of the easement and indicated there should be no impacts to future
utilities. No other utilities appear to be affected by the closing of this the easement.
Upon Council action to close the easement, the applicant should take it to district court and
file for vacation of the easement which will completely remove it from the books.
TECHNICAL ADVISORY COMMITTEE:
The Technical Advisory Committee reviewed the request at their October 26, 2016, meeting.
No comments or concerns regarding negative impacts to utilities were expressed at the
meeting.
RECOMMENDATION:
Staff recommends City Council approval Ordinance 1092 closing the sanitary sewer
easement.
ATTACHMENTS:
Ordinance 1092
Portion of Filed Plat for Hickory Creek II
Survey Showing both Easements
Excerpt from Hickory Creek II stating Reserve Area A to allow for Utilities
CITY OF OWASSO, OKLAHOMA
ORDINANCE 1092
AN ORDINANCE CLOSING TO THE PUBLIC USE A SANITARY SEWER EASEMENT that
ENCOMPASSES 27.15 FEET OF THE WESTERN HALF OF LOT ONE (1) BLOCK ONE (1) OF
HICKORY CREEK II, A PORTION OF RESERVE AREA "A" AND E 67TH STREET NORTH IN
TULSA COUNTY, STATE OF OKLAHOMA
WHEREAS, the City of Owasso, Oklahoma has deemed it necessary and expedient to
close to the public use said sanitary sewer easement, herein attached as Exhibit "A "; and,
WHEREAS, the City of Owasso retains the absolute right to reopen the same without
expense to the municipality, and repealing all ordinances or parts of ordinances in conflict
herewith; and,
WHEREAS, the closure of the sanitary sewer easement as filed in the office of the County
Clerk of Tulsa County, Oklahoma as #2013016829 does not affect any utility easements or
dedications contained in the Hickory Creek and Hickory Creek II recorded plats.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA,
THAT TO WIT:
A TRACT OF LAND LOCATED IN THE E/2 OF THE SE /4 OF SECTION 32, T -21 -N, R -14 -E, OF THE INDIAN
MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE OFFICIAL U.S.
GOVERNMENT SURVEY THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 32, THENCE N00 010'35 "E ALONG THE EAST
LINE OF SECTION 32, 827.00 FEET; THENCE N89049'25 "W AND PERPENDICULAR TO EAST LINE OF
SECTION 32, A DISTANCE OF 359.38 FEET TO THE POINT OF BEGINNING; THENCE N89 °49'25 "W A
DISTANCE OF 89.00 FEET; THENCE S0 08'54 "W A DISTANCE OF 17.50 FEET; THENCE S89 049'25 "E A
DISTANCE OF 53.00 FEET; THENCE S008'54 "W A DISTANCE OF 133.10 FEET; THENCE S89049'25 "E A
DISTANCE OF 36.00 FEET; THENCE N008'54 "E A DISTANCE OF 150.60 FEET TO THE POINT OF
BEGINNING; ALL LOCATED IN SECTION 32, T -21 -N, R -14 -E, TULSA COUNTY, STATE OF OKLAHOMA
be, and the same is hereby closed for use as a sanitary sewer easement.
Section 1. That all ordinances or parts of ordinances in conflict with this ordinance are
hereby expressly repealed.
Section 2. All ordinances, or parts of ordinances, in conflict with this ordinance are hereby
repealed to the extent of the conflict only.
Section 3. If any part or parts of this ordinance are deemed unconstitutional, invalid or
ineffective, the remaining portion shall not be affected but shall remain in full force and effect.
Section 4. The provisions of this ordinance shall become effective thirty (30) days from the
date of final passage as provided by state law.
Section 5. That there be filed in the office of the County Clerk of Tulsa County, Oklahoma,
a true and correct copy of this Ordinance.
PASSED AND APPROVED this th day of December, 2016.
Lyndell Dunn, Mayor
(SEAL)
ATTEST:
Sherry Bishop, City Clerk
APPROVED AS TO FORM:
Julie Lombardi, City Attorney
:*2013618829 Pags(s):1 Recorded 0211912013 at 0:35 AM +rucL
:elpt #387817 Fee $13.00 i".
SANITARY SEWER EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
EXHIBIT "A"
That for and in consideration of value received, the undersigned owner does hereby grant and
dedicate to the public, for public use, an easement over and across the following described
property situated in the County of Tulsa, State of Oklahoma, to -wit:
A TRACT OF LAND LOCATED IN THE E!2 OF THE SE14 OF SECTION 32,
T -21 -N, R -14 -E, OF THE INDIAN MERIDIAN, TULSA COUNTY, STATE OF
OKLAHOMA, ACCORDING TO THE OFFICIAL U.S. GOVERNMENT
SURVEY THEREOF, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 32, THENCE
N00 010'35 "E ALONG THE EAST LINE OF SECTION 32, 827.00 FEET;
THENCE N89 049'25 "W AND PERPENDICULAR TO EAST LINE OF
SECTION 32, A DISTANCE OF 359.38 FEET TO THE POINT OF
BEGINNING; THENCE N89 049'25 "W A DISTANCE OF 89.00 FEET;
THENCE S008'54"W A DISTANCE OF 17.50 FEET; THENCE S89 °49'25 "E A
DISTANCE OF 53.00 FEET; THENCE SO °8'54"W A DISTANCE OF 133.10
FEET; THENCE S89 °49'25 "E A DISTANCE OF 36.00 FEET; THENCE
N008'54"E A DISTANCE OF 150.60 FEET TO THE POINT OF BEGINNING:
ALL LOCATED IN SECTION 32, T -21 -N, R -14 -E, TULSA COUNTY, STATE
OF OKLAHOMA
with ingress and egress to and from the same; which utility easement and grant shall be for the
purposes of constructing, maintaining, operating, repairing, and removing sanitary sewer line.
TO HAVE AND TO HOLD the said utility easement and grant unto the public for public
use, forever; the consideration hereof being in full payment for the rights and privileges herein
granted.
EXECUTED this Al day of G b 11 S .2012.
DOMINION O PATION
By: ti
Noble Sokolosky, PrNdent
STATE OF OKLAHOMA )
) as.
COUNTY OF TULSA )
Before me, the undersigned, a Notary Public, in and for said County and State, on this It T
day of 4 , 2012, personally appeared Noble Sokolosky, to me known to _ be
the identical person trybo subscribed the name of the maker hereof to the foregoing instrument, as
its President and acknowledged to me that he executed the same as his free and voluntary act and
deed and as the free and voluntary act and deed of such corporation, for the uses and purposes
herein set forth.
IN WITNESS WHEREOF, 1 have hereunto set my official signature and affixed my
notarial seal the day and year last above written.
Notary Public
My Commission Expires:
Notary Public OMahoma'
i. OFFI-ALSEAL
L35okolosly Cliemsll\ DUndninn Sunilnry Sexxr EVe,nem.Jaa:St'.AL', DEBORAH L. FREEMAN
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EXHIBIT OF SANITARY SEWER EASEMENT
HICKORY CREEK II
City of Owasso, Tulsa County, Oklahoma
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Easements to remain
Excerpt from Filed Deeds of Dedication and
Covenants from Hickory Creek II
1. NOTWITHSTANDING ANY OTHER PROVISION ON THIS DECLARATION, DECLARING
RESERVES THE RIGHT TO GRANT EASEMENT WITHIN THE COMMON AREAS
(RESERVE AREAS) FOR THE INSTALLATION, REPAIR AND MAINTENANCE OF WATER
MAINS, SANITARY SEWER, DRAINAGE COURSE, PUBLIC ACCESS, AND OTHER
UTILITIES, PROVIDED THAT SUCH UTILITIES SHALL BE INSTALLED IN SUCH A
MANNER SO AS TO MINIMIZE DAMAGE TO THE NATURAL FEATURES OF THE
COMMON AREAS (RESERVE AREAS).
nTity Wit out Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Linda Jones, Finance Director
SUBJECT: Budget Amendment - General Fund and Vision Tax Fund
DATE: December 2, 2016
BACKGROUND
On November 8, 2016, Council authorized the City to enter into an agreement for surveying
services for East 116th Street North, Mingo Road to US Hwy 169. Additionally, other engineering
contracts are proposed. This project was authorized by voters to be funded by the 55 /100th
Vision Recapture sales tax.
As was discussed at the meeting, sales tax revenues for Vision Recapture projects will not be
distributed to the City by the Oklahoma Tax Commission until March 2017. To enable the project
to proceed while ensuring that the Vision Tax fund does not incur a deficit balance (prior to
receipt of sales tax collections) a budget amendment is recommended in the amount of the
engineering contract.
It is the intention of the City to transfer the funds as needed from the General fund to the Vision
Tax fund to avoid a deficit cash balance. It is furthermore the intention of the City to return the
funds to the General fund once sales tax collections are received.
In order to document this transfer of funds, budget amendments are needed in both the
General Fund and in the Vision Tax Fund. Funds will be transferred (revenue) to the Vision Fund
from (expenditure) the General Fund. Later in the fiscal year after the new tax funds have been
received, the process will be reversed. The funds will be transferred from the Vision Fund to the
General Fund.
RECOMMENDATION:
Staff recommends approval of a budget amendment in the General Fund increasing the
estimated revenues (transfers in) and increasing the appropriation for expenditures (transfers
out) in the amount of $407,400 and a budget amendment in the Vision Tax Fund increasing the
estimated revenues (transfers in) and increasing the appropriation for expenditures (transfers
out) in the amount of $407,400.
sd
The City Wit out Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Daniel Dearing, P.E., CFM
Sr. Civil Engineer
SUBJECT: East 116th Street North from Mingo Road to Garnett Road
Roadway Improvements - Agreement for Engineering Services
DATE: December 2, 2016
BACKGROUND:
East 116th Street North is currently the highest priority two -lane roadway in need of widening
within City Limits that is not currently under design. The road acts as a direct connection from
State Highway 75 to both State Highway 20 and US Highway 169. The road accommodates
commuter traffic, heavy residential traffic, commercial traffic, Sports Park traffic and functions in
the capacity of an "alternate" highway due to the most direct path between State Highways 75
and 20.
Traffic to recent commercial developments near US Highway 169 along this roadway is one
source of increased traffic. In the past few years, Oklahoma Department of Transportation
(ODOT) has installed an overpass and interchange with on and off ramps at Highway 75 to and
from East 1 16th Street North. This interchange has created a safer passageway to and from East
116th Street North and has also contributed to additional traffic. Events at the Sports Park often
times cause major traffic congestion at the entrance on East 116th Street North backing up traffic
significantly. For these reasons, the City identified this project as a priority to fund and submitted
it to the public for the Vision re- capture funding which was passed in April of 2016.
The latest traffic counts for the mile section are 9,786 vehicles per day traveling east /west at the
west end and 10,968 at the east end. In previous years, the west end traffic counts were
approximately 7,500 (2013) vehicles per day and approximately 9,000 (2012) vehicles per day on
the east end indicating a 30% and 22% increase respectively.
The first step in the process is to hire an engineer to perform the design duties. The engineers will
design a four -lane roadway section with center turn lanes and landscaped medians. Bike lanes
and sidewalk access will be added as part of the "Complete Streets Policy" adopted by the City
of Owasso. Intersection improvements at Mingo and the Sports Park Entrance will all be
designed. Utility relocation will also be a key component to the project for the engineers, as well
as assistance during right -of -way acquisition, bidding and construction.
ENGINEER SELECTION PROCESS:
On August 9, 2016, staff notified eight (8) engineering firms that had shown interest in working
with the City of Owasso on transportation projects. These firms had previously worked on similar
types of projects as this one. Therefore staff issued them an invitation to submit Statements of
Qualifications (SOQ).
The six (6) firms submitting SOQs were as follows:
Cowan Group Engineering, Tulsa, OK Garver, LLC, Tulsa, OK
Guernsey, Oklahoma City, OK Guy Engineering, Tulsa, OK
PEC, Tulsa, OK Walter P. Moore, Tulsa, OK
Owasso Public Works staff reviewed the submitted SOQs and selected Garver, LLC of Tulsa,
Oklahoma as the most highly qualified and responsive firm.
ENGINEERING AGREEMENT /SCOPE OF WORK:
Following is the scope of work for this project:
• Conceptual Plan and Design Report, including estimate
• 30 %, 60 %, 90% and Final Design plans
• Utility Relocation Coordination
• Assistance during Bidding
Construction Administration Services (Inspection by the City of Owasso, this
item is to be available for questions on intent and the review and approval of
submittals during construction)
• As -built Plan Preparation
On October 31, 2016, City staff and Garver, LLC came to an agreement relating to the
engineering service fee. If approved, cost of engineering services will be a lump sum amount of
$359,200 or 5.9% of the estimated construction cost.
FUNDING:
In January 2017, the vision re- capture tax will begin collection. Costs for this project have been
appropriated in the Vision Tax Fund.
RECOMMENDATION:
Staff recommends approval of an Agreement for Engineering Services for the East 116 +h Street
North, from Mingo Road to Garnett Road, Roadway Improvements with Garver, LLC in the
amount of $359,200 and authorization for the Mayor to execute the agreement.
ATTACHMENTS:
Agreement for Engineering Services
Location Map
AGREEMENT FOR ENGINEERING SERVICES
FOR THE CITY OF OWASSO, OK
EAST 116TH STREET NORTH - MINGO ROAD TO GARNETT ROAD
THIS AGREEMENT, made and entered into this day of . 2016 between the
City of Owasso, Oklahoma, a Municipal Corporation, of Oklahoma, hereinafter referred to
as CITY, and Garver LLC hereinafter referred to as
ENGINEER;
WITNESSETH:
WHEREAS, CITY intends to _widen and improve 116th Street North from Mingo Road to
Garnett Road, inclusive of the Mingo Road intersection , hereinafter referred to as the
PROJECT; and,
WHEREAS, CITY requires certain professional services in connection with the PROJECT,
hereinafter referred to as the SERVICES; and,
WHEREAS, ENGINEER, is prepared to provide such SERVICES;
WHEREAS, funding is available for the PROJECT through the
Budget;
NOW THEREFORE, in consideration of the promises contained herein, the parties hereto
agree as follows:
1. SCOPE OF PROJECT. The scope of the PROJECT is described in Attachment A,
SCOPE OF PROTECT, which is attached hereto and incorporated by reference as part
of this AGREEMENT.
2. SERVICES TO BE PERFORMED BY ENGINEER. ENGINEER shall perform the
SERVICES described in Attachment B, SCOPE OF SERVICES, which is attached
hereto and incorporated by reference as part of this AGREEMENT.
3. CITY'S RESPONSIBILITIES. CITY shall be responsible for all matters described in
Attachment C, RESPONSIBILITIES OF THE CITY which is attached hereto and
incorporated by reference as part of this AGREEMENT.
4. COMPENSATION. CITY shall pay ENGINEER in accordance with Attachment D,
COMPENSATION, and further described in Attachment E, FEE /HOUR
BREAKDOWN, which are attached hereto and incorporated by reference as part of
this AGREEMENT.
5. SCHEDULE. ENGINEER shall perform the SERVICES described in Attachment B,
SCOPE OF SERVICES, in accordance with the schedule set forth in Attachment F,
SCHEDULE, attached hereto and incorporated by reference as part of this
AGREEMENT.
6. STANDARD OF PERFORMANCE. ENGINEER shall perform the SERVICES
undertaken in a manner consistent with the prevailing accepted standard for similar
services with respect to projects of comparable function and complexity and with
the applicable laws and regulations published and in effect at the time of
performance of the SERVICES. The PROJECT shall be designed and engineered in a
AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS Gi
good and workmanlike manner and in strict accordance with this AGREEMENT.
All engineering work shall be performed by or under the supervision of Professional
Engineers licensed in the State of Oklahoma, and properly qualified to perform such
engineering services, which qualification shall be subject to review by CITY. Other
than the obligation of the ENGINEER to perform in accordance with the foregoing
standards, no warranty, either express or implied, shall apply to the SERVICES to be
performed by the ENGINEER pursuant to this AGREEMENT or the suitability of
ENGINEER'S work product.
7. LIMITATION OF RESPONSIBILITY.
7.1. ENGINEER shall not be responsible for construction means, methods,
techniques, sequences, procedures, or safety precautions and programs in
connection with the PROJECT.
7.2. The presence of ENGINEER's personnel at a construction site is for the
purpose of providing to the CITY a greater degree of confidence that the
completed construction work will conform generally to the construction
documents and that the integrity of the design concept as reflected in the
construction documents has been implemented and preserved by the
construction contractor(s).
7.3. In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points
and sample intervals and at locations other than where observations,
exploration, and investigations have been made. Because of the inherent
uncertainties in subsurface evaluations, changed or unanticipated
underground conditions may occur that could affect total PROJECT cost
and /or execution. These conditions and cost/ execution effects are not the
responsibility of ENGINEER.
7.4. Record drawings will be prepared, in part, on the basis of information
compiled and furnished by others, and may not always represent the exact
location, type of various components, or exact manner in wluch the
PROJECT was finally constructed. ENGINEER is not responsible for any
errors or omissions in the information from others that are incorporated into
the record drawings.
7.5. ENGINEER's deliverables, including record drawings, are limited to the
sealed and signed hard copies. Computer - generated drawing files furnished
by ENGINEER are for CITY or others' convenience. Any conclusions or
information derived or obtained from these files will be at user's sole risk.
8. OPINIONS OF COST AND SCHEDULE.
8.1. Since ENGINEER has no control over the cost of labor, materials, equipment,
or services furnished by others, or over contractors', subcontractors', or
vendors' methods of determining prices, or over competitive bidding or
market conditions, ENGINEER'S cost estimates shall be made on the basis of
qualifications and experience as a Professional Engineer.
AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS C -2
8.2. Since ENGINEER has no control over the resources provided by others to
meet construction contract schedules, ENGINEER'S forecast schedules shall
be made on the basis of qualifications and experience as a Professional
Engineer.
9. LIABILITY AND INDEMNIFICATION.
9.1. ENGINEER shall defend and indemnify CITY from and against legal liability
for damages arising out of the performance of the SERVICES for CITY,
including but not limited to any claims, costs, attorney fees, or other
expenses of whatever nature where such liability is caused by the negligent
act, error, or omission of ENGINEER, or any person or organization for
whom ENGINEER is legally liable. Nothing in this paragraph shall make the
ENGINEER liable for any damages caused by the CITY or any other
contractor or consultant of the CITY.
9.2. ENGINEER shall not be liable to CITY for any special, indirect or
consequential damages, such as, but not limited to, loss of revenue, or loss of
anticipated profits.
10. CONTRACTOR INDEMNIFICATION AND CLAIMS.
10.1. CITY agrees to include in all construction contracts the provisions of Articles
7.1, and 7.2, and provisions providing contractor indemnification of CITY
and ENGINEER for contractor's negligence.
10.2. CITY shall require construction contractor(s) to name CITY and ENGINEER
as additional insureds on the contractor's general liability insurance policy.
11. COMPLIANCE WITH LAWS. In performance of the SERVICES, ENGINEER shall
comply with applicable regulatory requirements including federal, state, and local
laws, rules, regulations, orders, codes, criteria and standards. ENGINEER shall
procure the permits, certificates, and licenses necessary to allow ENGINEER to
perform the SERVICES. ENGINEER shall not be responsible for procuring permits,
certificates, and licenses required for any construction unless such responsibilities
are specifically assigned to ENGINEER in Attachment B, SCOPE OF SERVICES.
12. INSURANCE.
12.1. During the performance of the SERVICES under this AGREEMENT,
ENGINEER shall maintain the following insurance:
12.1.1. General Liability Insurance with bodily injury limits of not less than
$1,000,000 for each occurrence and not less than $1,000,000 in the
aggregate, and with property damage limits of not less than $100,000
for each occurrence and not less than $100,000 in the aggregate.
12.1.2. Automobile Liability Insurance with bodily injury limits of not less
than $1,000,000 for each person and not less than $1,000,000 for each
accident and with property damage limits of not less than $100,000
for each accident.
AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS G3
12.1.3. Worker's Compensation Insurance in accordance with statutory
requirements and Employers' Liability Insurance with limits of not
less than $100,000 for each occurrence.
12.1.4. Errors and Omissions Insurance to remain in effect during the
PROJECT and the term of any legal liability. Errors and Omissions
coverage to be for a minimum of $1,000,000, deductibles subject to
approval by CITY.
12.2. ENGINEER shall furnish CITY certificates of insurance which shall include a
provision that such insurance shall not be canceled without at least 30 days
written notice to the CITY.
13. OWNERSHIP AND REUSE OF DOCUMENTS.
13.1. All documents, including original drawings, estimates, specifications, field
notes and data shall become and remain the property of the CITY.
13.2. CITY'S reuse of such documents without written verification or adaptation
by ENGINEER for the specific purpose intended shall be at CITY'S risk.
14. TERMINATION OF AGREEMENT.
14.1. The obligation to continue SERVICES under this AGREEMENT may be
terminated by either party upon fifteen days written notice in the event of
substantial failure by the other party to perform in accordance with the terms
hereof through no fault of the terminating party.
14.2. CITY shall have the right to terminate this AGREEMENT, or suspend
performance thereof, for CITY'S convenience upon written notice to
ENGINEER; and ENGINEER shall terminate or suspend performance of
SERVICES on a schedule acceptable to CITY. In the event of termination or
suspension for CITY'S convenience, CITY shall pay ENGINEER for all
SERVICES performed to the date of termination in accordance with
provisions of Attachment D, COMPENSATION. Upon restart of a
suspended project, ENGINEER's contract price and schedule shall be
equitably adjusted.
15. NOTICE.
Any notice, demand, or request required by or made pursuant to this AGREEMENT
shall be deemed properly made if personally delivered in writing or deposited in the
United States mail, postage prepaid, to the address specified below.
To ENGINEER: GARVER
6450 S. Lewis
Suite 300
Tulsa, OK 74136
Attention: Michael Winterscheidt, PE
To CITY: CITY OF OWASSO
301 W 2nd Avenue
AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS B-4
Owasso, Oklahoma 74055
Attention: Roger Stevens, Public Works Director
15.1. Nothing contained in this Article shall be construed to restrict the
transmission of routine communications between representatives of
ENGINEER and CITY.
16, UNCONTROLLABLE FORCES. Neither CITY nor ENGINEER shall be considered
to be in default of this AGREEMENT if delays in or failure of performance shall be
due to forces which are beyond the control of the parties; including, but not limited
to: fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance,
sabotage; inability to procure permits, licenses, or authorizations from any state,
local, or federal agency or person for any of the supplies, materials, accesses, or
services required to be provided by either CITY or ENGINEER under this
AGREEMENT; strikes, work slowdowns or other labor disturbances, and judicial
restraint.
17. SEVERABILITY. If any portion of this AGREEMENT shall be construed by a court
of competent jurisdiction as unenforceable, such portion shall be severed herefrom,
and the balance of this AGREEMENT shall remain in full force and effect.
18. INTEGRATION AND MODIFICATION. This AGREEMENT includes Attachments
A, B, C, D, E, and F and represents the entire and integrated AGREEMENT between
the parties; and supersedes all prior negotiations, representations, or agreements
pertaining to the SCOPE OF SERVICES herein, either written or oral. CITY may
make or approve changes within the general Scope of Services in this AGREEMENT.
If such changes affect ENGINEER's cost of or time required for performance of the
services, an equitable adjustment will be made through an amendment to this
AGREEMENT. This AGREEMENT may be amended only by written instrument
signed by each of the Parties.
19. DISPUTE RESOLUTION PROCEDURE. In the event of a dispute between the
ENGINEER and the CITY over the interpretation or application of the terms of this
AGREEMENT, the matter shall be referred to the City's Director of Public Works for
resolution. If the Director of Public Works is unable to resolve the dispute, the
matter may, in the Director's discretion, be referred to the City Manager for
resolution. Regardless of these procedures, neither party shall be precluded from
exercising any rights, privileges or opportunities permitted by law to resolve any
dispute.
20. ASSIGNMENT. ENGINEER shall not assign its obligations undertaken pursuant to
this AGREEMENT, provided that nothing contained in this paragraph shall prevent
ENGINEER from employing such independent consultants, associates, and
subcontractors as ENGINEER may deem appropriate to assist ENGINEER n1 the
performance of the SERVICES hereunder.
21. APPROVAL. It is understood and agreed that all work performed under this
AGREEMENT shall be subject to inspection and approval by the Public Works
Department of the City of Owasso, and any plans or specifications not meeting the
terms set forth in this AGREEMENT will be replaced or corrected at the sole expense
of the ENGINEER. The ENGINEER will meet with the City staff initially and
AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS C -5
thereafter and will be available for public meetings and City of
Owasso presentations.
22. KEY PERSONNEL. In performance of the SERVICES hereunder, ENGINEER has
designated _Michael Winterscheidt, PE as Project Manager for the PROJECT.
ENGINEER agrees that no change will be made in the assignment of this position
without prior approval of CITY.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT in multiple copies
on the respective dates herein below reflected to be effective on the date executed by the
Mayor of the City of Owasso.
ENGINEER
i �
By: f ,&. 1:04JCe -7 MAaAtdrR
Date ��20/(0
APPROVED: CITY OF OWASSO, OKLAHOMA
City Clerk
APPROVED AS TO FORM:
City Attorney
Mayor
Date
AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS C$
AGREEMENT FOR ENGINEERING SERVICES
FOR THE CITY OF OWASSO, OK
EAST 116TH STREET NORTH — MINGO ROAD TO GARNETT ROAD
Scope of Project
Attachment A
SCOPE OF PROTECT. The PROJECT shall consist of civil engineering SERVICES
described as follows:
The PROJECT shall consist of the design and preparation of construction documents for
four -lane boulevard improvements, including left -turn lanes, bike lanes, sidewalks, and
landscaped medians, for the reconstruction of 116th Street North, inclusive of the North
Mingo intersection, beginning approximately 500 feet west of the intersection with North
Mingo Road and extending approximately one mile to approximately 500 feet west of the
intersection with North Garnett Road in Owasso, Oklahoma. The PROJECT shall include
the realignment of the entrance to the Owasso Sports Park to align with either North 103,4
East Place or North 108th East Avenue.
The topographic and boundary survey for the PROJECT will be provided to the ENGINEER
and is not a part of this AGREEMENT. Any additional survey required for this PROJECT
will be provided by the CITY or agreed upon and performed by the ENGINEER as an
AMENDMENT to this AGREEMENT.
The ENGINEER will perform engineering and drafting services required by this
AGREEMENT to prepare roadway construction plans, specifications, and bidding
documents for the PROJECT. Included in the roadway design are grading, drainage,
surfacing, signing and striping, landscaping, lighting, traffic signals, traffic control during
construction, and public utility relocations. The roadway will remain open to local traffic
during construction. A detailed Scope of Services is included in Attachment B.
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, the'Manual of Uniform Traffic Control Devices (MUTCD)', and
City of Owasso (CITY) Standards.
The Construction documents will be prepared utilizing CITY and ODOT standard
drawings, details, and specifications.
The PROJECT will be funded by the CITY. The CITY will advertise, bid, and administer the
PROJECT's construction.
AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS G7
AGREEMENT FOR ENGINEERING SERVICES
FOR THE CITY OF OWASSO, OK
EAST 116TH STREET NORTH — MINGO ROAD TO GARNETT ROAD
Scope of Services
Attachment B
The services to be performed by the ENGINEER under this AGREEMENT will consist of
providing civil engineering services for the SERVICES presented in Attachment A, as
directed by the City by a notice to proceed or in a work order.
Further, it is understood and agreed that the date of beginning, rate of progress, and the
time of completion of the work to be done hereunder for each assignment are essential
provisions of this AGREEMENT; and it is further understood and agreed that the work
embraced in this AGREEMENT shall commence upon execution of this AGREEMENT and
receipt of Notice to Proceed. It is further understood that all reviews and conceptual
designs will be prepared in accordance with the City of Owasso design criteria and
specifications for construction.
B. Basic Services of ENGINEER. The basic services of the ENGINEER shall include,
but are not limited to the following tasks:
B.I. CONCEPTUAL DESIGN PHASE (30 %)
B.1.1. Attend Kickoff meeting with City Staff.
B.1.2. The topographic and boundary survey for the PROJECT will be
provided to the ENGINEER and is not a part of this AGREEMENT.
Any additional survey required for this PROJECT will be provided by
the CITY or agreed upon and performed by the ENGINEER as an
AMENDMENT to this AGREEMENT.
B.1.3. Conduct geotechnical investigation for the roadway and provide a
geotechnical report including a rigid pavement design.
B.1.4. Conduct Traffic Analysis
B.1.4.1. Collect 24 hour turning movement counts at 116th Street North
and North Mingo Road Intersection, 1161h Street North and
North 103 =d East Place, and at 116th Street North and North
1080h East Avenue.
B.1.4.2. Make a site visit to become familiar with the existing
intersections and surrounding corridor.
B.1.4.3. Gather historical crash data from CITY and ODOT
B.1.4.4. Develop future 2036 design volumes for the intersections
AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS G8
B.1.4.5. Perform signal warrant analysis at 116th Street North and
Owasso Sports Park entrance (North 103rd East Place or North
108th East Avenue)
13.1.4.6. Operational analysis, capacity and level of service for the
above mentioned intersections
B.1.4.7. Evaluate best location of Owasso Sports Park entrance (North
103rd East Place or North 108th East Avenue) based on a traffic
perspective.
B.1.4.8. Prepare a Traffic Report summarizing the findings, including
recommendations for turn lane storage lengths, signalization
needs, and a recommendation for the proposed location of the
Owasso Sports Park entrance.
B.1.4.9. Submit Traffic Report prior to Conceptual Plans (30 %) for
inclusion of recommendations into Conceptual Plans.
13.1.5. Prepare Conceptual Plans (30 %) for the proposed roadway, including
the following items and tasks:
B.1.5.1. Prepare Conceptual roadway design for the PROJECT
including 116th Street North and the North Mingo Road
Intersection. Prepare exhibits and associated opinions of
probable cost for two conceptual alternatives for the re-
aligned Owasso Sports Park entrance for CITY review.
B.1.5.2. Conduct Hydraulic Model of two (2) culvert crossings.
13.1.5.2.1. Develop discharges for the culvert crossing at Ranch
Creek and the culvert crossing at the Tributary to
Ranch Creek within the project limits. Flows will be
developed using the HEC -HMS software to
determine the existing watershed and fully -
urbanized watershed condition discharges for the
10 -, 25- ,100 -, and 500 -year storms.
B.1.5.2.2. Develop a hydraulic model of the two culvert
crossings using the HEC -RAS software to determine
the hydraulic conditions for each culvert. A
hydraulic model will be developed for the existing
culverts with both existing and fully urbanized
watershed discharges.
B.1.5.2.3. Develop a hydraulic model for proposed culverts
with the proposed roadway improvements in place.
Proposed roadway elevations for the 30% plan set
will be used to determine culvert sizes to seek a
culvert size that will not cause overtopping of the
AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS P9
roadway for the 100 -year storm or cause a rise in
upstream 100 -year water surface elevations. Up to
two culvert sizing scenarios for each culvert location
will be prepared for this task. Additional culvert
sizing scenarios will be completed as extra services
by Garver.
B.1.5.2.4. The hydraulic models will extend approximately
1,000 feet upstream and downstream of each culvert
location. Since existing models for the creeks in the
study are not available, surveyed cross sections
needed to develop the models will be provided by
the City. Up to 12 cross sections may be needed for
each culvert location to develop the models.
B.1.5.2.5. A proposed alternative for the two culvert crossings
will be sought that will not cause a rise in Ranch
Creek or the Tributary to Ranch Creek. Based on
this assumption, this task does not include
preparation of a Conditional Letter of Map Revision
or a Letter of Map Revision application to the
Federal Emergency Management Agency.
B.1.5.3. Prepare a brief drainage memorandum including the
following:
B.1.5.3.1. Brief description of the existing floodplains
hydraulic condition;
B.1.5.3.2. Description of the proposed culverts configuration
hydraulic condition;
B.1.5.3.3. Plots of relevant cross sections and floodplain
limits,
B.1.5.3.4. Tables showing existing and proposed condition
hydraulic results such as water surface elevations,
velocities and other hydraulic parameters.
B.1.5.4. Submit drainage memorandum to City for review.
B.1.5.5. Prepare conceptual roadway drainage design for the
PROJECT. Drainage design may include both enclosed
stormwater sewer systems and some open ditches. Also
included in this PROJECT, a drainage issue along the eastern
boundary of Country Estates will be evaluated and addressed
in an attempt to prevent water from the adjacent property
located east of Country Estates from flowing into properties
along the eastern line of Country Estates. Said drainage from
AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS G10
the adjacent property will be channelized to 116th Street North
and incorporated into the roadway drainage system.
B.1.5.6. Detailed Water Line design for both the CITY and Washington
County Rural Water District #3 (WCRWD #3) will not be
included in Conceptual Plans, however, a cost for water line
relocations will be estimated to be used in the Opinion of
Probable Cost.
B.1.5.7. Detailed Sanitary Sewer design for both gravity and force
main systems will not be included in Conceptual Plans,
however, a cost for sanitary sewer relocations will be
estimated to be used in the Opinion of Probable Cost.
B.1.5.8. Detailed Signal design will not be included in Conceptual
Plans, however, a cost for signals will be estimated to be used
in the Opinion of Probable Cost.
B.1.5.9. Detailed intersection lighting design will not be included in
Conceptual Plans, however, a cost for intersection lighting
will be estimated to be used in the Opinion of Probable Cost.
B.1.5.10. Detailed median landscaping design will not be
included in Conceptual Plans, however, a cost for median
landscaping will be estimated to be used in the Opinion of
Probable Cost.
B.1.6. Submit 10 copies of the Conceptual Plans (30 %) for CITY review
13.1.7. Prepare Conceptual (30 %) Opinion of Probable Cost.
B.1.8. Attend a 30% Conceptual Design Review Meeting with CITY
13.1.9. Address CITY comments and finalize Conceptual Plans and Traffic
Report.
B.2. PRELIMINARY DESIGN PHASE (60 %)
B.2.1. Prepare Preliminary Plans (60 %) for the proposed roadway, including
the following items and tasks:
13.2.1.1. Prepare preliminary roadway design for the PROJECT
including 116th Street North, the North Mingo Road
Intersection, and the selected re- aligned Owasso Sports Park
entrance alternative.
B.2.1.2. Review and update proposed culvert sizes for roadway
elevations and widths based on Preliminary Design Plans
(60 %)
AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS C-1 1
B.2.1.3. Prepare preliminary drainage design for the PROJECT.
B.2.1.4. Prepare preliminary water line relocation design for the
PROJECT including CITY water lines. The preliminary design
will include plan and profile sheets for approximately 6,280
LF of 12" water line improvements owned by the CITY.
Preliminary Plans will not include technical specifications.
WCRWD #3 does not have any facilities within the anticipated
project limits, relocation design for WCRWD #3 is not
included in this AGREEMENT.
B.2.1.5. Prepare preliminary sanitary sewer relocation design for the
PROJECT including CITY gravity sewer and force main. The
preliminary design will include plan and profile sheets for
approximately 3,200 LF of 8" force main improvements.
Preliminary design will also include gravity sewer relocations
for conflicts and crossings as needed. Preliminary Plans will
not include technical specifications.
B.2.1.6. If warranted, provide preliminary traffic/ pedestrian signal
design at the North Mingo Road Intersection and /or the
Owasso Sports Park entrance. Signals will meet current ODOT
standards.
B.2.1.7. Prepare preliminary intersection lighting design and layout
for the PROJECT. It is anticipated that street lighting will be
provided at the North Mingo Road Intersection and the
Owasso Sports Park intersection. Lighting will be located on
the traffic signal poles. Roadway lighting along 116th Street
North is not included in the PROJECT. If traffic signals are not
warranted/ included with this PROJECT, intersection lighting
(if still desired by CITY) will require additional electrical
engineering and design that is not included in this
AGREEMENT and will be completed under an
AMENDMENT to this AGREEMENT.
B.2.1.8. Prepare preliminary median landscaping design for the
PROJECT. Landscaping is anticipated to be located within the
roadway medians. Lanscaped medians will require an
irrigation system.
B.2.2. Prepare Right -of -Way acquisition documents for the necessary
parcels on the PROJECT up to thirty (30) parcels. Provide Property
Reports for all parcels to be acquired, up to twenty (20) ownerships.
Provide field staking one time for each parcel to be acquired, up to
thirty (30) parcels. If additional documents, property reports, or
stakng is required beyond the amount included here, it will be
provided as an AMENDMENT to this AGREEMENT.
B.2.3. Submit 10 copies of the Preliminary Plans (60 %) for CITY review
AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS G12
13.2.4. Prepare Preliminary (60 %) Opinion of Probable Cost
B.2.5. Provide a 60% Plan set to each utility located within the limits of the
PROJECT.
13.2.6. Prepare exhibits for and assist with up to two (2) Design Public
Meetings. Prepare a summary of the Public Meetings, listing
questions raised and providing responses to each question.
B.2.7. Attend a 60% Review Meeting with CITY
B.3. FINAL DESIGN PHASE & CONSTRUCTION DOCUMENTS (90 %/100 %)
B.3.1. Prepare Final Design (90 %) and Construction Documents (100 %) for
the proposed roadway, including the following items and tasks:
13.3.1.1. Prepare Final roadway design for the PROJECT including
116th Street North, the North Mingo Road Intersection, and the
re- aligned Owasso Sports Park entrance.
B.3.1.2. Review and update proposed culvert sizes for roadway
elevations and widths based on Final Design Phase and
Construction Documents. Prepare final drainage
memorandum for confirmed culvert sizes for each of the two
culvert locations. Submit 5 copies of memorandums to CITY.
13.3.1.3. Prepare final drainage design for the PROJECT.
B.3.1.4. Prepare final water line relocation design for the PROJECT
including CITY water lines. Final design will include plan and
profile sheets for approximately 6,280 LF of 12" water line
improvements owned by the CITY.
B.3.1.5. Prepare final sanitary sewer relocation design for the
PROJECT including CITY gravity sewer and force main. Final
design will include plan and profile sheets for approximately
3,200 LF of 8" force main improvements. Final design will also
include gravity sewer relocations for conflicts and crossings as
needed.
B.3.1.6. If warranted, provide final traffic/ pedestrian signal design at
the North Mingo Road Intersection and/or the Owasso Sports
Park entrance.
B.3.1.7. Prepare final intersection lighting design for the PROJECT.
B.3.1.8. Prepare final median landscaping design for the PROJECT
13.3.2. Submit 10 copies of the Final Plans (90 %) for CITY review
AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS G13
13.3.3. Prepare Final (90 %) Opinion of Probable Cost
B.3.4. Provide a 90% Plan set to each utility located within the limits of the
PROJECT.
13.35. Attend a 90% Review Meeting with CITY
13.3.6. Finalize Construction Documents based on CITY comments
13.3.7. Update ENGINEER's Opinion of Probable Cost to reflect final
construction documents
13.3.8. Prepare Special Provisions to modify the CITY standard construction
specifications if required
13.3.9. Submit 5 copies of the Construction Documents for CITY use
13.4. COORDINATION AND PERMITS
B.4.1. ENGINEER will furnish final plans and specifications to the
Oklahoma Department of Environmental Quality (ODEQ). The
submittal to ODEQ will include the applications for the Permit to
Construct for the proposed improvements. It is anticipated there will
be two ODEQ permits for this project (City water and sanitary).
Permit fees will be paid by the Owner.
B.4.2. Prepare 404 permits for two separate roadway class reinforced
concrete box crossings over Ranch Creek and Tributary to Ranch
Creek for submittal to the United States Army Corps of Engineers
(USACE) by the CITY. It is anticipated that both will fall under a
nationwide permit and will not require an individual permit.
B.4.3. A CLOMR and LOMR are not anticipated for this PROJECT. It is the
intent of the ENGINEER to design for a'no -rise' condition. If a'no-
rise' option is not feasible, the preparation of a CLOMR and LOMR
will be handled as an AMENDMENT to this AGREEMENT.
B.4.4. Coordinate with privately owned utilities for said companies to
prepare relocation plans if required. Engineer shall establish
relocation corridors for private utility companies. Engineer shall
provide plans and information as needed to companies to assist in
their plan preparation. ENGINEER will review relocation plans for
compliance with the PROJECT design. Field verification of
relocations is not part of this AGREEMENT. A written letter verifying
no impact will be required from utility companies within the
PROJECT that do not require relocation.
B.4.5. Coordinate with SKOL Railroad and acquire any and all necessary
permits for the PROJECT. Permits/ approval for the roadway
crossing (including bike lanes and sidewalks and /or trail), CITY
AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS C-14
utilities (water and sanitary sewer), and WCRWD #3 are anticipated.
Permits for private utility companies are anticipated, but are not
included in this AGREEMENT and will be the responsibility of the
private utility company. It is anticipated that the design and
construction of the railroad crossing itself will be handled by SKOL
and is not considered a part of this AGREEMENT. However,
coordination with SKOL and design/ placement of any associated
crossarms, signage, and striping is included in this AGREEMENT.
B.5. BIDDING PHASE SERVICES
B.5.1. Attend Pre -Bid Conference
B.5.2. Answer Contractor questions during bidding period
B.5.3. Prepare addenda to Contract Documents
B.5.4. Prepare Bid Tab
B.5.5. Prepare Letter of Award Recommendation
B.5.6. The ENGINEER will provide Plans and Specifications for the
Contractors use during the bidding phase. The CITY will handle the
pickup of contract documents by the Contractors.
B.6. CONSTRUCTION PHASE SERVICES
B.6.1. Attend Pre -Work Conference between CITY and Contractor
B.6.2. Attend Pre -Work Public Meeting
B.6.3. Provide Contractor up to five copies of Conformed Plans
B.6.4. Answer Requests for Information
B.6.5. Review project material submittals for compliance with the
specifications
B.6.6. Visit site as requested to address issues encountered
B.6.7. Assist the CITY in Change Order preparation
B.6.8. Attend Substantial Completion meeting and Assist in creating a
punch list
B.6.9. Attend Final Inspection
B.6.10. Prepare Record Drawings for CITY based on Contractor and CITY
notes. Drawings provided to CITY will include one paper set, one
PDF copy, and electronic files in AutoCAD format.
AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS C-15
B.6.11. Construction Observation/ inspection is not included in the
AGREEMENT
AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS Gib
AGREEMENT FOR ENGINEERING SERVICES
FOR THE CITY OF OWASSO, OK
EAST 116TH STREET NORTH — MINGO ROAD TO GARNETT ROAD
Responsibilities of the City
Attachment C
RESPONSIBILITIES OF THE CITY. The CITY agrees:
C.1 Reports, Records, etc: To furnish, as required by the work, and not at the expense of
the ENGINEER:
C.1.1 Records, reports, studies, plans, drawings, and other data available in the
files of the CITY that may be useful in the work involved under this
AGREEMENT
C1.2 Standard construction drawings and standard specifications
C.1.3 Complete topographic and boundary survey (in Oklahoma State Plane
Coordinates), inclusive of a triangulated 3D surface to be used during the design
phase.
C.1.4 ENGINEER will reasonably rely upon the accuracy, timeliness, and
completeness of the information provided by CITY.
C.2 Access: Provide access to public and private property when required in
performance of ENGINEER's services.
C_3 Staff Assistance: Designate the City Engineer (or another individual designated in
writing) to act as its representative in respect to the work to be performed under this
AGREEMENT, and such person shall have complete authority to transmit
instructions, receive information, interpret and define CITY'S policies and decisions
with respect to materials, equipment, elements and systems pertinent to the services
covered by this AGREEMENT.
C.3.1 Furnish staff assistance in locating, both horizontally and vertically, existing
CITY owned utilities and in expediting their relocation as described in
Attachment B. Further, CITY will furnish assistance as required in obtaining
locations of other utilities, including excavations to determine depth.
C.3.2 Furnish legal assistance as required in the preparation of bidding,
construction and other supporting documents.
CA Review: Examine all studies, reports, sketches, estimates, specifications, drawings,
proposals and other documents presented by ENGINEER and render in writing
decisions pertaining thereto within a reasonable time so as not to delay the services
of ENGINEER.
AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS G17
AGREEMENT FOR ENGINEERING SERVICES
FOR THE CITY OF OWASSO, OK
EAST 116TH STREET NORTH — MINGO ROAD TO GARNETT ROAD
Compensation
Attachment D
COMPENSATION. The CITY agrees to pay, as compensation for services set forth in
Attachment B, the following fees, payable monthly as the work progresses; and within 30
calendar days of receipt of invoice. ENGINEER shall submit monthly invoices based upon
actual hours or work, invoiced according the Rate Schedule provided in ATTACHMENT E,
completed at the time of billing. Invoices shall be accompanied by such documentation as
the CITY may require in substantiation of the amount billed.
D.1 Total Compensation
For the work under this project the total maximum billing including direct costs and
subconsultant services shall be Three Hundred and Fifty -Nine Thousand Two
Hundred Dollars ($359,200.00) which amount shall not be exceeded without further
written authorization by CITY.
D.2 Subconsultants and Other Professional Associates: Services of subcontractors and
other professional consultants shall be compensated for at actual cost. Use of sub -
consultants must be authorized in advance by CITY.
D.3 Other Direct Costs
D.3.1 Travel and subsistence shall be compensated for at actual cost. Local travel
by personal or firm automobile shall be compensated for at the rate currently
allowed by the IRS.
D.3.2 Printing expenses shall be compensated for as shown in ATTACHMENT E.
D.33 Any other direct costs shall be compensated for at actual when authorized in
advance by CITY.
DA Additional Services: Unless otherwise provided for in any accepted and authorized
proposal for additional services, such services shall be compensated for on the same
basis as provided for in Attachment D.
D.5 Terminated Services: If this AGREEMENT is terminated, ENGINEER shall be paid
for services performed to the effective date of termination.
D.6 Conditions of Pam
D.6.1 Progress payments shall be made in proportion to services rendered and
expenses incurred as indicated within this AGREEMENT and shall be due
and owing within thirty days of ENGINEER'S submittal of his progress
payment invoices.
18
D.6.2 If CITY fails to make payments due ENGINEER within sixty days of the
submittal of any progress payment invoice, ENGINEER may, after giving
fifteen days written notice to CITY, suspend services under this
AGREEMENT.
D.6.3 If the PROJECT is delayed, or if ENGINEER'S services for the PROJECT are
delayed or suspended for more than ninety days for reasons beyond
ENGINEER'S control, ENGINEER may, after giving fifteen days written
notice to CITY, request renegotiation of compensation.
19
AGREEMENT FOR ENGINEERING SERVICES
FOR THE CITY OF OWASSO, OK
EAST 116TH STREET NORTH — MINGO ROAD TO GARNETT ROAD
Billing Rate Sheet
Attachment E
20
ATTACHMENT E
CITY OF OWASSO
E. 116TH ST. NORTH - MINGO RD TO GARNETT RD
FEE SUMMARY
Title I Services
Estimated Fees
Geotechnical Services (Kleinfelder)
$12,700.00
Traffic Studies
$25,000.00
Signalization Design
$21,000.00
Drainage Study
$30,300.00
Conceptual Design
$22,400.00
Preliminary Design
$116,900.00
Final Design
$91,300.00
Property Acquisition Documents
$20,400.00
Bidding Services
$5,000.00
Subtotal for Title I Services
Title II Services
Phase Services
Estimated Fees
L:\2016 \16037270 - Owasso E 116 St N Mingo Road to Garnett \Contracts \Client \Draft\APPENDIX B - Garver Fee
Spreadsheet -116th St
ATTACHMENT E
CITY OF OWASSO
E. 116TH ST. NORTH - MINGO RD TO GARNETT RD
TRAFFIC STUDIES
WORK TASK DESCRIPTION
E -6
E -5
E-4
E -3
E -2
E -1
T -2
$246.00
$197.00
$161.00
$138.00
$114.00
$99.00
$91.00
hr
hr
hr
hr
hr
hr
hr
1. Traffic Engineering
Traffic Study
Travel
8
Site Visit/Field Observations
1
2
Compile Traffic Data
2
Assess Historical Crash Data
1
8
Develop Traffic Volumes
2016 Traffic Volumes (No Build)
1
16
8
2016 Traffic Volumes (Build - 2 Alt)
1
12
8
2036 Traffic Volumes (Build - 2 Alt.)
1
12
8
Signal Warrant Analysis (2 Intersections)
1
16
Operational Analysis (2 alternatives)
4
24
Geometric Analysis (Based on Synchro)
1
2
Report
4
16
8
Coordination with City
1
QC Review
6
Subtotal- Traffic Engineering
10
11
0
24
68
58
0
Hours 10 11 0 24 68 58 0
Salary Costs $2,460 $2,167 $0 $3,312 $7,752 $5,742 $0
SUBTOTAL -SALARIES: $21,433.00
Document Printing /Reproduction /Assembly
$82.00
Postage /Freight/Courier
$0.00
Office Supplies /Equipment
$0.00
Communications
$0.00
Survey Supplies
$0.00
Aerial Photography
$0.00
GPS Equipment
$0.00
Computer Modeling /Software Use
$0.00
Traffic Counting Equipment
$0.00
Locator/TracerfThermal Imager Equipment
$0.00
Travel Costs
$500.00
SUBTOTAL - DIRECT NON -LABOR EXPENSES:
$582.00
SUBTOTAL:
SUBCONSULTANTS FEE (THE TRAFFIC GROUP;
$22,015.00
$2,985.00
TOTAL FEE:
$25,000.00
ATTACHMENT E
CITY OF OWASSO
E. 116TH ST. NORTH - MINGO RD TO GARNETT RD
SIGNALIZATION DESIGN
WORK TASK DESCRIPTION
E -6
E -5
E-4
E -3
E -2
E -1
T -2
$246.00
$197.00
$161.00
$138.00
$114.00
$99.00
$91.00
hr
hr
hr
hr
hr
hr
hr
1. Preliminary Signal Plans (2 Intersections)
Plan
20
12
Wiring Diagram
4
12
Phasing Plan
4
12
Wheelchair Ramps Details
20
8
Plan Review
10
Subtotal - Preliminary Signal Plans
0
0
0
48
44
0
0
2. Final Signal Plans
Notes and Special Provisions
8
Update Signalization Plans
8
20
Quantities and Opinion of Probable Cost
4
16
Plan Review
10
Subtotal . Final Signal Plans
10
0
0
20
1 36
0
0
Hours 10 0 0 68 80 0 0
Salary Costs $2,460.00 $0.00 $0.00 $9,384.00 $9,120.00 $0.00 $0.00
SUBTOTAL -SALARIES: $20,964.00
DIRECT NON -LABOR EXPENSES
Document Printing /Reproduction /Assembly
$36.00
Postage /Freight/Courier
$0.00
Office Supplies /Equipment
$0.00
Communications
$0.00
Survey Supplies
$0.00
Aerial Photography
$0.00
GPS Equipment
$0.00
Computer Modeling /Software Use
$0.00
Traffic Counting Equipment
$0.00
Locator/Tracer/Thermal Imager Equipment
$0.00
Travel Costs
$0.00
SUBTOTAL - DIRECT NON -LABOR EXPENSES: $36.00
SUBTOTAL: $21,000.00
SUBCONSULTANTS FEE: $0.00
TOTAL FEE: $21,000.00
ATTACHMENT
CITY OF OWASSO
E. 116TH ST. NORTH - MINGO RD TO GARNETT RD
DRAINAGE STUDY
WORK TASK DESCRIPTION
E -6
E -5
E -3
E -1
-Select
Category-
- Select
Category-
- Select
Category-
$246.00
$197.00
$138.00
$99.00
$0.00
$0.00
$0.00
hr
la
hr
hr
hr
hr
hr
1. Hydrology and Hydraulics for Culverts
Site Visit
2
4
Hydrology -Use HEC -HMS
2
8
Assume no FEMA or City Models
Ranch Creek Culverts
Create Existing Cond Model
18
Create Proposed Cond Model
18
Create Proposed Cond Model for 2 extra scenarios
18
Revise Flocdvray- Not Included
Prepare Exhibits (Xsec, FP)
4
18
Prepare Memo (to add to Tub Memo)
18
QArQC and Seal
4
4
Ranch Creek Tnb Culverts
Create Existing Cond Model
16
Create Proposed Cond Motlel
16
Create Proposed Cond Model for 2 extra scenarios
16
Prepare Exhibits (Xsec, FP)
2
10
Prepare Memo (to add to Main Stem Memo)
18
QNQC and Seal
4
4
Meetings - Assume 2 vrim City
4
4
Not Ind - CLOMR / LOMR
Subtotal - Hydrology and Hydraulics
8
16
180
28
0
0
0
2. Structural Engineering
Subtotal - Structural Engineering
0
0
0
0
0
0
0
3. Mechanical Engineering
Subtotal - Mechanical Engineering
0
0
0
0
0
0
0
4. Electrical Engineering
Subtotal - Electrical Engineering
0
0
0
0
0
0
0
Hours 8 16 160 28 0 0 0
Salary Costs $1,968.00 $3,152.00 $22,080.00 $2,772.00 $0.00 $0.00 $0.00
SUBTOTAL - SALARIES: $29,972.00
Comment Printing /Reproduction/Assembly
$128.00
Postage /Freight/Couner
$0.00
Office Supplies /Equipment
$0.00
Communications
$0.00
Survey Supplies
$0.00
Aerial Photography
$0.00
GPS Equipment
$0.00
Computer Modeling /Sof vaire Use
$0.00
Traffic Counting Equipment
$0.00
Loralor/Tmcer/Thermal Imager Equipment
$0.00
Travel Costs
$200.00
SUBTOTAL - DIRECT NON- LABOR EXPENSES: $328.00
SUBTOTAL: $30,300.00
SUBCONSULTANTS FEE: $0.00
TOTAL FEE: $30,300.00
ATTACHMENT E
CITY OF OWASSO
E. 116TH ST. NORTH - MINGO RD TO GARNETT RD
CONCEPTUAL DESIGN
WORK TASK DESCRIPTION
E -6
E-4
E -3
E -2
E -1
T -1
X -1
$246.00
$161.00
$138.00
$114.00
$99.00
$72.00
$57.00
hr
hr
hr
hr
hr
hr
hr
1. Civil Engineering
Conceptual Plans and Report
Title Sheet
1
1
4
Typical Sections
2
4
20
Geometric Data
2
6
20
Plan and Profiles
8
24
60
Report/Memo
4
20
16
Meetings /Coordination with City
8
Conceptual Quantities
4
12
Opinion of Probable Construction Cost
1
2
4
QC Review
4
8
Subtotal - Civil Engineering
5
0
39
0
71
120
0
2. Structural Engineering
Subtotal - Structural Engineering
0
0
0
0
0
0
0
3. Mechanical Engineering
Subtotal - Mechanical Engineering
0
0
0
0
0
0
0
4. Electrical Engineering
Subtotal - Electrical Engineering
0
0
0
0
0
0
0
Hours 5 0 39 0 71 120 0
Salary Costs $1,230.00 $0.00 $5,382.00 $0.00 $7,029.00 $8,640.00 $0.00
SUBTOTAL - SALARIES:
$22,281.00
DIRECT NON -LABOR EXPENSES
Document Printing /Reproduction /Assembly $119.00
SUBTOTAL - DIRECT NON -LABOR EXPENSES: $119.00
SUBTOTAL: $22,400.00
SUBCONSULTANTS FEE:
$0.00
TOTAL FEE: $22,400.00
ATTACHMENT E
CITY OF OWASSO
E. 116TH ST. NORTH - MINGO RD TO GARNETT RD
PRELIMINARY DESIGN - ROADWAY
WORK TASK DESCRIPTION
E -6
E-4
E -3
E -2
E -1
T -1
X -1
$246.00
$161.00
$138.00
$114.00
$99.00
$72.00
$57.00
hr
hr
hr
hr
hr
hr
hr
1. Civil Engineering
Horizontal Geometries
1
8
16
Vertical Geometries
1
16
24
Driveway and Entrances
1
24
24
Cross Sections
1
1
16
1
40
Analyze Existing Drainage
4
24
Preliminary Drainage Design
1
24
40
16
Preliminary Plans
Tide Sheet
1
1
2
Typical Sections
2
8
16
Geometric Data
1
2
4
Plan and Profiles
8
60
80
Storm Sewer Profiles
1
8 1
40
24
Intersection Details /Grading Plans
2
8
4
SWPPP
2
4
Erosion Control Sheets
8
24
Cross Sections
4
24
16
Landscaping Plans
4
16
8
Meetings/Coordination with City
a
8
Utility Coordination /Meetings
4
4
Railroad Coordination/Meetings
4
4
Preliminary Quantities
2
16
Opinion of Probable Construction Cost
2
4
QC Review
3
12
Progress Report and Monthly Billing
6
6
Public Meetings (2)
2
6
4
8
Subtotal - Civil Engineering
10
0
166
0
377
206
6
2. Structural Engineering
Headwall Design
4
8
Subtotal • Structural Engineering
4
0
8
0
0
0
0
3. Mechanical Engineering
Subtotal - Mechanical Engineering
0
0
0
0
0
0
0
4. Electrical Engineering
Subtotal - Electrical Engineering
0
0
0
0
0
0
0
Hours
14 0 174 0 377 206 6
Salary Costs $3,444.00 $0.00 $24,012.00 $0.00 $37,323.00 $14,832.00 $342.00
SUBTOTAL - SALARIES:
DIRECT NON -LABOR EXPENSES
Document Printing /Reproduction /Assembly $247.00
$79,953.00
SUBTOTAL - DIRECT NON -LABOR EXPENSES: $247.00
SUBTOTAL: $80,200.00
SUBCONSULTANTS FEE: $0.00
TOTAL FEE: $80,200.00
ATTACHMENT E
CITY OF OWASSO
E. 116TH ST. NORTH - MINGO RD TO GARNETT RD
FINAL DESIGN - ROADWAY
WORK TASK DESCRIPTION
E -6
E -4
E -3
E -2
E -1
T -1
X -1
$246.00
$161.00
$138.00
$114.00
$99.00
$7100
$57.00
hr
hr
hr
hr
hr
hr
hr
1. Civil Engineering
Address Comments from Preliminary
2
8
16
16
Final Drainage Design
4
4
20
4
Final Plans
Title Sheet
1
1
2
Typical Sections
2
4
8
Geometric Data
2
2
4
Plan and Profiles
8
16
32
Storm Sewer Profiles
8
16
8
Intersection Details /Grading Plans
2
8
4
SWPPP
1
2
2
Erosion Control Sheets
4
12
Cross Sections
4
1
16
1 8
Signing and Striping
4
16
16
Construction Sequence Traffic Control
4
16
16
Landscaping Plans
4
4
4
404 Permitting
1
8
16
8
Construction Contract Documents
1
16
8
Meetings /Coordination with City
8
8
Utility Coordination/Meetings
8
16
Railroad Coordination/Meetings /Permits
8
16
Final Quantities
1
2
1
16
Opinion of Probable Construction Cost
2
4
QC Review
2
16
Progress Report and Monthly Billing
6
6
Subtotal -Civil Engineering
10
0
126
0
225
144
6
2. Structural Engineering
Headwall Design
4
8
Subtotal - Structural Engineering
4
0
8
0
0
0
0
3. Mechanical Engineering
Subtotal - Mechanical Engineering
0
0
0
0
0
0
0
4. Electrical Engineering
Subtotal - Electrical Engineering
0
0
0
0
0
0
0
Hours 14 0 134 0 225 144 6
Salary Costs $3,444.00 $0.00 $18,492.00 $0.00 $22,275.00 $10,368.00 $342.00
SUBTOTAL -SALARIES: $54,921.00
DIRECT NON -LABOR EXPENSES
Document Printing /Reproduction /Assembly $279.00
SUBTOTAL - DIRECT NON -LABOR EXPENSES: $279.00
SUBTOTAL:
$55,200.00
SUBCONSULTANTS FEE: $0.00
TOTAL FEE: $55,200.00
r_vir_Ta:II1;l:4,r9=
CITY OF OWASSO
E. 116TH ST. NORTH - MINGO RD TO GARNETT RD
PRELIMINARY DESIGN - WATER AND SANITARY
WORK TASK DESCRIPTION
E -6
E -4
E -3
E -2
E -1
T -1
X -1
$246.00
$161.00
$138.00
$114.00
$99.00
$72.00
$57.00
hr
hr
hr
hr
hr
hr
hr
1. Civil Engineering
Waterline Relocation Plans
Plan & Profile Sheets (Estimated 14 Sheets)
32
60
60
Pay Items /Notes and Quantities
8
8
8
Details
4
2
4
QC Review
4
8
4
Sanitary Sewer Relocation Plans
Plan & Profile Sheets (Estimated 6 Sheets)
20
40
30
Pay Items /Notes and Quantities
4
4
4
Details
4
2
4
QC Review
2
4
2
Meetings /Coordination with City
4
4
Utility Coordination/Meetings
4
4
Railroad Coordination /Meetings
4
4
Opinion of Probable Construction Cost
2
4
Subtotal - Civil Engineering
6
0
98
0
138
110
0
2. Structural Engineering
Subtotal - Structural Engineering
0
0
1 0
0
0
0
0
3. Mechanical Engineering
Subtotal - Mechanical Engineering
0
0
0
0
0
0
0
4. Electrical Engineering
Subtotal - Electrical Engineering
0
0
0
0
0
0
0
Hours
6 0 98 0 138 110 0
Salary Costs $1,476.00 $0.00 $13,524.00 $0.00 $13,662.00 $7,920.00 $0.00
SUBTOTAL - SALARIES:
$36,682.00
DIRECT NON -LABOR EXPENSES
Document Printing /Reproduction /Assembly $118.00
SUBTOTAL - DIRECT NON -LABOR EXPENSES: $118.00
SUBTOTAL: $36,700.00
SUBCONSULTANTS FEE:
$0.00
TOTAL FEE: $36,700.00
ATTACHMENT E
CITY OF OWASSO
E. 116TH ST, NORTH - MINGO RD TO GARNETT RD
FINAL DESIGN - WATER AND SANITARY
WORK TASK DESCRIPTION
E -6
E4
E -3
E -2
E -1
T -1
X -1
$246.00
$161.00
$138.00
$114.00
$99.00
$72.00
$57.00
hr
hr
hr
hr
hr
hr
hr
1. Civil Engineering
Waterline Relocation Plans
Plan & Profile Sheets (Estimated 14 Sheets)
20
40
30
Pay Items /Notes and Quantities
8
g
8
Details
8
4
8
QC Review
4
8
4
Sanitary Sewer Relocation Plans
Plan & Profile Sheets (Estimated 6 Sheets)
12
25
20
Pay Items /Notes and Quantities
4
4
4
Details
8
4
8
QC Review
2
4
1 2
Meetings /Coordination with City
4
4
Utility Coordination /Meetings
4
4
Railroad Coordination /Meetings
4
4
DEQ Permitting
Water Distribution Engineering Report Form
2
4
8
Sanitary Sewer Engineering Report Form
2
4
8
Address ODEQ Review Comments
4
8
4
Construction Contract Documents
8
8
Subtotal - Civil Engineering
10
0
104
0
135
82
0
2. Structural Engineering
Subtotal - Structural Engineering
0
0
0
0
0
0
0
3. Mechanical Engineering
Subtotal - Mechanical Engineering
0
0
0
0
0
0
0
4. Electrical Engineering
Subtotal - Electrical Engineering
0
0
0
0
0
0
0
Hours 10 0 104 0 135 82 0
Salary Costs $2,460.00 $0.00 $14,352.00 $0.00 $13,365.00 $5,904.00 $0.00
SUBTOTAL - SALARIES: $36,081.00
DIRECT NON -LABOR EXPENSES
Document Printing /Reproduction /Assembly $19.00
SUBTOTAL - DIRECT NON- LABOR EXPENSES: $19.00
SUBTOTAL: $36,100.00
SUBCONSULTANTS FEE: $0.00
TOTAL FEE: $36,100.00
ATTACHMENT E
CITY OF OWASSO
E. 116TH ST. NORTH - MINGO RD TO GARNETT RD
PROPERTY ACQUISITION DOCUMENTS
WORK TASK DESCRIPTION
E -6
E-4
E -3
E -2
E -1
0 -4
X -1
$246.00
$161.00
$136.00
$114.00
$99.00
$149.00
$57.00
hr
hr
hr
hr
hr
hr
hr
1. Acquisition Documents
$0.00
Review Acquisition Docs and Right -of -Way Map
4
8
Subtotal - Civil Engineering
0
1 0
4
0
8
0
0
Hours
0 0 4 0 8 0 0
Salary Costs $0.00 $0.00 $552.00 $0.00 $792.00 $0.00 $0.00
SUBTOTAL - SALARIES: $1,344.00
DIRECT NON -LABOR EXPENSES
Document Printing /Reproduction /Assembly
$156.00
Postage /Freight/Courier
$0.00
Office Supplies /Equipment
$0.00
Communications
$0.00
Survey Supplies
$0.00
Aerial Photography
$0.00
GPS Equipment
$0.00
Computer Modeling /Software Use
$0.00
Traffic Counting Equipment
$0.00
Locator/Tracer/Thermal Imager Equipment
$0.00
Certified Porpoerty Reports
$0.00
SUBTOTAL - DIRECT NON- LABOR EXPENSES: $156.00
SUBTOTAL - SALARIES AND EXPENSES: $1,500.00
SUBCONSULTANTS FEE (BENCHMARK SURVEYING):
Property Reports (20 ownerships) $5,700.00
RAW Acquisition Exhibits and Staking (30 Parcels) $13,200.00
SUBTOTAL - SUBCONSULTANT FEES: $18,900.00
TOTAL FEE: $20,400.00
ATTACHMENT E
CITY OF OWASSO
E. 116TH ST. NORTH - MINGO RD TO GARNETT RD
BIDDING SERVICES
WORK TASK DESCRIPTION
E -6
E-4
E -3
E -2
E -1
T -1
X -1
$256.00
$168.00
$144.00
$119.00
$103.00
$75.00
$60.00
hr
hr
hr
hr
hr
hr
hr
1. Civil Engineering
Addendums /Inquiries
1
6
4
2
1
Pre -Bid Meeting
3
3
Bid Opening
2
1
2
Prepare bid tabulation
1
2
1
Evaluate bids and recommend award
1
1
1
Subtotal -Civil Engineering
1
0
13
0
12
2
3
2. Structural Engineering
Addendums
Subtotal - Structural Engineering
0
0
0
0
0
0
0
3. Mechanical Engineering
Subtotal- Mechanical Engineering
0
0
0
0
0
0
0
4. Electrical Engineering
Subtotal - Electrical Engineering
1 0
0
0
1 0
0
1 0
1 0
Hours 1 0 13 0 12 2 3
Salary Costs $256.00 $0.00 $1,872.00 $0.00 $1,236.00 $150.00 $180.00
SUBTOTAL - SALARIES: $3,694.00
DIRECT NON -LABOR EXPENSES
Document Printing /Reproduction /Assembly $1,306.00
Postage /Freight/Courier
$0.00
Office Supplies /Equipment
$0.00
Communications
$0.00
Survey Supplies
$0.00
Aerial Photography
$0.00
GPS Equipment
$0.00
Computer Modeling /Software Use
$0.00
Traffic Counting Equipment
$0.00
LocatodTracer/Thermal Imager Equipment
$0.00
Travel Costs
$0.00
SUBTOTAL - DIRECT NON -LABOR EXPENSES: $1,306.00
SUBTOTAL: $5,000.00
SUBCONSULTANTS FEE: $0.00
TOTAL FEE: $5,000.00
ATTACHMENT E
CITY OF OWASSO
E. 116TH ST. NORTH - MINGO RD TO GARNETT RD
CONSTRUCTION PHASE SERVICES
WORK TASK DESCRIPTION
E -6
E -4
E -3
E -2
E -1
T -1
X -1
$256.00
$168.00
$144.00
$119.00
$103.00
$75.00
$60.00
hr
hr
hr
hr
hr
hr
hr
1. Civil Engineering
Preconstruction Meeting
4
3
Preconstruction Public Meeting
3
3
Shop Drawings /Material Submittals
2
10
4
Record Drawings
4
4
24
On -Site Meetings
10
12
Prepare Change Orders
6
4
2
1
Final Project Inspection and Punchlist
4
4
1
Subtotal - Civil Engineering
2
0
41
0
34
26
2
2. Structural Engineering
Response to Inquiries
4
Shop Drawings
4
Subtotal - Structural Engineering
0
8
0
0
0
0
0
3. Mechanical Engineering
Subtotal - Mechanical Engineering
0
0
0
0
0
0
0
4. ElectricaF Engineering
Subtotal - Electrical Engineering
0
0
0
0
0
0
0
Hours 2 8 41 0 34 26 2
Salary Costs $512.00 $1,344.00 $5,904.00 $0.00 $3,502.00 $1,950.00 $120.00
SUBTOTAL - SALARIES: $13,332.00
DIRECT NON -LABOR EXPENSES
Document Printing /Reproduction /Assembly $868.00
SUBTOTAL - DIRECT NON -LABOR EXPENSES: $868.00
SUBTOTAL: $14,200.00
SUBCONSULTANTS FEE: $0.00
TOTAL FEE: $14,200.00
AGREEMENT FOR ENGINEERING SERVICES
FOR THE CITY OF OWASSO, OK
EAST 116TH STREET NORTH — MINGO ROAD TO GARNETT ROAD
Schedule
Attachment F
F. SCHEDULE. The schedule for general engineering services for the PROJECT is
provided as follows:
F.I. Notice to Proceed:
F.2. Substantial Completion:
21
ATTACHMENT F - PROJECT SCHEDULE
ID
Task Name Duration
Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Month 7 Month 8 Month 9 1 Month 10 1 Month 11
1
Notice to Proceed 1 day
Design Phase 304 days
30% Plans & Conceptual Design Repot 125days
Survey (BY OTHERS) 60 days"
Geotechnical Investigation and Report 30 days
Traffic Counts 14 days
Field Investigation 7 days
Initial Utility, railroad, and USACE 14 days
coordination
Traffic Analysis 70 days
Submit Traffic Study Report 1 day
30% Plan Design & Conceptual Design 45 days
Report
Submit 30% Plans & Conceptual Design 1 day
Report
Owasso 30% Plan & Conceptual Design 21 days
Report Review
� 30% Plan Conceptual Design Report 1 day
Review Meeting
_- 60% Plans -_ - -- - 81 days
_ _ 60% Plan Design 60 days'•
_ - Submit 60% Plans 1 day
Owasso 60% Plan Review _ 21 days
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90% Plans 68 days
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- Utility, railroad, and USACE coordination 14 days
Submit 900/6 Plans 1 day
_ _ Owasso 90% Plan Review - 21 days
- 90% Plan Review Meeting - 1 day
Final Plans _ 30 days
Final Plans - 30 days
- Submit Final Plans & Bid Documents 1 day]i
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City of Owasso
E. 116th Street North—
Mingo Road to Garnett Road
Task RZKWfiWX§ZkWM Inactive Summary 17
Split ,,,,,,,,,,,,,,,,,,,,,,,,, Manual Task
Milestone ♦ Duration -only
Summary WmmmmmmmmmwW Manual Summary Rollup
Project Summary Manual Summary
External Tasks .. Start-only C
External MileTask ♦ Finish-only ]
Inactive Task L_. _. ___.- ___.._.J Progress
Inactive Milestone Split b
Page 1
ACORE0 CERTIFICATE OF LIABILITY INSURANCE
lhh/
DATE(MMIDDIYYYY)
1 11/2/2016
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 the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER Stephens Insurance
111 Center Street, Suite 1400
Little Rock, AR 72201
CONTACT
PHONE f 1 -800- 643 -9691 ac No: 501- 377 -2317
E -MAIL
ADDRESS:
INSURERS AFFORDING COVERAGE
NAIC If
www.stephens.com
INSURER A: Travelers ldemnt Co AM Best A +X
25658
INSURED
Garver LLC
INSURER e: Charter Oak Fire Insurance Co (AM Best A + +X
25615
INSURER c: Travelers Prop Cas Co of America AM Best A + +X
25674
6450 South Lewis
1 INSURER D: Continental Casualty Co. (AM Best AXV)
_
20443
Suite 300
Tulsa OK 74136
NSURER E :
NSURER F:
COVERAGES CERTIFICATE NUMBER: 3266a3n8 REVISION 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 REQUIREMENT, 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,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
wqn
SUBR
n
POLICYNUMBER
POLICY EFF
JMMRDDrYYYyI
POLICY EXP
IMMpDDTYYYYt
LIMITS
A
I/
COMMERCIAL GENERAL LIABILITY
6301GO52988
711/2016
7/1/2017
EACH OCCURRENCE
S 1,000,000
PREMISES JEa occurrence
S 300,000
CLAIMS -MADE MV OCCUR
MED EXP(Any one person)
S 10,000
PERSONAL BADV INJURY
$ 1,000,000
GEML AGGREGATE LIMIT APPLIES PER
POLICY ❑ JET M LOC
GENERALAGGREGATE
S 2,000,000
PRODUCTS - COMPIOP AGO
$ 2,000,000
S
OTHER:
B
AUTOMOSILELIABILITY
8101G052988
7/1/2016
7/1/2017
OMBBIINEDtSINGLE LIMIT
$ 1,000,000
✓
BODILY INJURY (Per person)
S
ANV AUTO
OWNED SCHEDULED
AUTOSONLY AUTOS
BODILY INJURY (Per accident)
S
✓
HIRED NON -OWNED
AUTOS ONLY ✓ AUTOS ONLY
PROPERTY DAMAGE
Per actltlent
S
$
C
�/
UMBRELLALIAS
,/
OCCUR
CUPIG052988
7/1/2016
7/1/2017
EACH OCCURRENCE
S 5,000,000
AGGREGATE
S 5,000,000
EXCESS LIAB
CLAIMS -MADE
DED I ✓ I RETENTION$ 10000
1 S
A
WORKERS COMPENSATION
ANDEMPLOYERSLIABILITY YIN
ANYPROPRIETORIPARTNERIEXECUTIVE
OFMCERIMEMSEREXCLUDED9 FN
NIA
UBIG01589A
7/1/2016
7/1/2017
PER OTH-
✓ STATUTE ER
E.L. EACH ACCIDENT
5 500,000
E.L. DISEASE - EA EMPLOYEE
S 500,000
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS balm
E.L. DISEASE - POLICY LIMIT
S 500,000
D
Professional Liability- Primary
AEH591890411
7/1/2016
7/1/2017
Each Claim Limit $2,000,000
claims made
Aggregate Limit $2,000,000
DESCRIPTION OFOPERATIONS /LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is mqulmd)
Garver Project #16037270 -116th Street North Roadway Improvements
30 day notice will be provided to the certificate holder in the event of cancellation for all reasons other than non - payment of premium.
City of Owasso
301 W. 2nd Avenue
Owasso OK 74055
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
TION. All riahts reserved.
ACORD 25 (2016/03)
The ACORD name and logo are registered marks of ACORD
32669306 1 1 -2016 - $2 Mil PROF LIAB 1 bxianey.,rullaneyBatePhene . com 1 11/2/2016 10:57:43 AN (CDT) I Page 1 of 1
0 Sa od� The City Wit out Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Teresa Willson
Information Technology Director
SUBJECT: Capital Improvements Project Determination
Resolution 2016 -23
DATE: December 2, 2016
EXECUTIVE SUMMARY:
Staff is presenting a resolution regarding an amendment to the Capital Improvement project list
to include E 106 St N and N 129 E Ave intersection improvements. This is the final step in the
process to request amending the list of projects eligible for funding through the Capital
Improvement Fund.
BACKGROUND:
In 1983, the citizens of Owasso passed a one -cent sales tax increase. In 1988, the voters restricted
the use of that sales tax to fund capital projects, often referred to as the third penny of sales tax.
Revenue from this sales tax has been used to fund a variety of capital projects, changing with
the needs resulting from the growth of Owasso.
The third penny sales tax has been instrumental in providing the funds necessary to develop or
update much of the City's infrastructure. In addition to infrastructure, other capital improvement
needs have been addressed, such as facility improvements, and large scale equipment
upgrades. In 2003, the third penny was made permanent by a vote of the citizens of Owasso,
and continues to be the major source of funding to provide for the City's capital needs.
Adopted by the City Council, Resolution 2003 -14 defines the process to amend the Priority
Determination of projects eligible to receive funding from the Capital Improvements Fund, also
known as the permanent third -penny sales tax. Simply stated, this process amends the current
list of Capital Improvement projects.
The Capital Improvements Committee conducted a public meeting on October 25, 2016, and
approved to recommend E 106 St N and N 129 E Ave intersection improvements be added to
the list of projects eligible for funding by the third -penny sales tax. In accordance with Resolution
2003 -14, the City Council conducted a public hearing on this matter, November 15, 2016.
E 106 St N and N 129 E AVE INTERSECTION IMPROVEMENTS:
This intersection is located near Rejoice Schools and is a heavily trafficked area that conveys
approximately 6,350 vehicles per day traveling east /westbound and 5,800 vehicles per day
traveling north /southbound. The Transportation Master Plan recommends this roadway be
improved by FY 2020.
It is the intent of staff to submit this project to INCOG in January 2017, for future Surface
Transportation funding. If funded, the federal government will participate with 80% of
construction funding. The City will be responsible for 20% of the construction and through an
agreement with Tulsa County will split the costs associated with the design, utility relocation,
right -of -way acquisition, and construction.
The City Council conducted a public hearing on November 15, 2016, in accordance with
Resolution 2003 -14, to receive and consider citizen input relevant to the recommendation made
by the Capital Improvements Committee. Any action taken by the City Council to amend the
current list of projects must be made by adopting a resolution.
CURRENT PROJECT PRIORITIES:
Adopted September 20, 2016, Resolution 2016 -16 designated the following list of projects as
eligible for funding from the Capital Improvements Fund:
• E 76 St N Widening Project (Hwy 169 to N 129 E Avenue)
• E 76 St N and Main St Intersection Improvements
• E 86 St N Widening Project (Main to Memorial)
• E 106 St N and N Garnett Road Intersection Improvements
• Garnett Road Widening Project (E 96 St N to E 106 St N)
• Garnett Road Widening (E 106 St N to E 116 St N)
• E 96 St N and N 145 E Ave Intersection Improvements
• E 106 St N and N 145 E Ave Intersection Improvements
• E 116 St N and N 129 E Ave Intersection Improvements
• E 116 St N and N 140 E Avenue Intersection Traffic Signal Improvements
• Annual Street Rehabilitation Program
• Highway 169 East and West Service Roads (E 66 St N to E 126 St N)
• Brookfield Crossing Subdivision Stormwater Improvements
• Central Park /Lakeridge Subdivision Stormwater Improvements
• Rayola Park and Elm Creek Tributary 5A Stormwater Improvements
• South Sports Park Regional Detention Pond Project
• Garrett Creek /Morrow Place Sewer Assessment Area Sanitary Sewer Improvements
• Sports park
• Elm Creek Park Improvements
• Main Police Station /City Hall
Vehicle Maintenance Facility
• Radio System Upgrade
• Fire Station Number 4 with Administration and Training Center
RECOMMENDATION:
Staff recommends adoption of Resolution 2016 -23 amending the Capital Improvement Project
list to include E 106 St N and N 129 E Ave intersection improvements.
ATTACHMENTS:
Resolution 2016 -23
Memorandum dated October 20, 2016, to Owasso Capital Improvement Committee
CITY OF OWASSO, OKLAHOMA
RESOLUTION 2016 -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA,
AMENDING THE DETERMINATION OF CAPITAL IMPROVEMENT PROJECTS ELIGIBLE
FOR FUNDING FROM THE CAPITAL IMPROVEMENTS FUND.
WHEREAS, on the 141h day of October, 2003, the citizens of the City of Owasso,
Oklahoma, approved Ordinance 763, providing for the extension of the third penny sales tax
and further, restricting the use of said sales tax generated by such third penny extension to
capital projects reviewed by the Capital Improvements Committee and approved by the City
Council by resolution; and,
WHEREAS, the City Council by previous Resolutions designated the following Capital
Improvement projects as eligible for funding from the Capital Improvement Fund:
• E 76 St N Widening Project (Hwy 169 to N 129 E Avenue)
• E 76 St N and Main St Intersection Improvements
• E 86 St N Widening Project (Main to Memorial)
• E 106 St N and N Garnett Road Intersection Improvements
• Garnett Road Widening Project (E 96 St N to E 106 St N)
• Garnett Road Widening (E 106 St N to E 116 St N)
• E 96 St N and N 145 E Ave Intersection Improvements
• E 106 St N and N 145 E Ave Intersection Improvements
• E 116 St N and N 129 E Ave Intersection Improvements
• E 116 St N and N 140 E Avenue Intersection Traffic Signal Improvements
• Annual Street Rehabilitation Program
• Highway 169 East and West Service Roads (E 66 St N to E 126 St N)
• Brookfield Crossing Subdivision Stormwater Improvements
• Central Park /Lakeridge Subdivision Stormwater Improvements
• Rayolo Park and Elm Creek Tributary 5A Stormwater Improvements
• South Sports Park Regional Detention Pond Project
• Garrett Creek /Morrow Place Sewer Assessment Area Sanitary Sewer Improvements
• Sports park
• Elm Creek Park Improvements
• Main Police Station /City Hall
• Vehicle Maintenance Facility
• Radio System Upgrade
• Fire Station Number 4 with Administration and Training Center
WHEREAS, the City Council, after receiving a recommendation from the Capital
Improvements Committee and properly notifying the public as required by Resolution 2003 -14,
held a Public Hearing on Tuesday, November 15, 2016, to consider projects to be included on
the Capital Projects list.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA,
that, to -wit:
The Capital Improvement Projects list heretofore designated be amended by providing that the
following be included as capital projects for funding from the Capital Improvements Fund:
E 106 St N and N 129 E Ave intersection improvements.
DATED this 6h day of December, 2016.
Mayor Lyndell Dunn
ATTEST:
Sherry Bishop, City Clerk
APPROVED AS TO FORM:
Julie Lombardi, City Attorney
Ocity W .
mits
TO: Capital Improvements Committee
City of Owasso
From: H. Dwayne Henderson, P.E.
City Engineer
Subject: East 106th Street North /North 129th East Avenue Intersection Improvements
Date: October 20, 2016
BACKGROUND:
The 2 -lane non - urbanized intersection with a 4 -way stop is a heavily trafficked area that conveys
residential and commercial traffic, as well as commuter and school traffic, to and from Owasso.
Currently, this intersection has approximately 6,350 vehicles per day traveling East /Westbound
and 5,800 vehicles per day traveling North /Southbound. The Transportation Master Plan
recommends this roadway be improved by FY 2020.
SCOPE OF WORK:
The proposed intersection improvements would include five lanes on all legs of the intersection,
with dedicated right -turn lanes for west to north bound and east to south bound traffic. The
roadway improvements will extend in each direction nearly 700 feet from the intersection. The
storage bays for each left turn lane will be 250 feet. The intersection will be signalized. The
estimated project cost is $3.7 million which includes engineering, land acquisition, utility
relocation, and construction costs.
COST ESTIMATE:
The cost estimate for the project is as follows:
Engineering Design $ 200,000
Const. Administration $ 200,000
Right -of -Way $ 850,000
Utility Relocation $ 600,000
Construction $1,800.000
Total Estimated Cost $3,650,000
The project will be submitted to INCOG in January 2013 for future Surface Transportation funding
(STP). If funded through the FHWA, the federal government will participate with 80% of
construction funding, while the City will be responsible for 20% of the construction and 100% of
the design, utility relocation, and right -of -way acquisition. However, like the 1161h Street
North/] 291h East Ave Project, Tulsa County has agreed to partner with the City to cover 50% of
the local match. Therefore, possible funding for this project is:
Funding Breakdown
Federal Funds = $1,600,000
Tulsa County = $1,025,000
City of Owasso = $1,025,000
Funding for the improvements is proposed for the Capital Improvements Fund. The percentage
of funds needed will depend on the federal funds awarded.
RECOMMENDATION:
Staff recommends approval to submit a recommendation to the Owasso City Council
amending the Capital Improvement project list to include intersection improvements at East
106th Street North /North 129th East Avenue.
ATTACHMENT:
Site Map
SUBJECT PROPERTY CITY OF OWASSO
8/11/2016
106th/129th EAST AVE
1 -1115 MAP I5 FOR IN Volt FvIA*I -ION PU It IOS I: ONLY AND I NO -I' IN "I "I :NDI:[) -ICI
I.PRF. ENE I- AN ACC'URA 114 AND I'RU I'! SCAI..I °.. tISF 01: 1-[ ITS \L \P IS \N'1- 1'11OI r 1.
.� :\RRAN "I-V OR RI4PR I :S17N "I -A "ZION I3V UT I Y 0 F OWASSx1 Pl Irs AC 'I L I R WC -.
111 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: Julie Trout Lombardi
City Attorney and General Counsel
SUBJECT: Authorization to Initiate Condemnation Proceedings to Acquire the Property
Located at 120 East 2nd Street, Owasso, Oklahoma, for expansion of the Owasso
Police Department.
DATE: December2, 2016
BACKGROUND:
The City of Owasso desires to renovate the former City Hall located at 111 North Main Street
which now solely houses the Owasso Police Department. In addition to renovation of the
existing building, the City intends to reconfigure the parking lots and grounds surrounding that
building and limit access to the grounds for purposes of security and safety. As a part of this
proposed renovation and reconfiguration, acquisition of the property located at the corner of
the existing east driveway and Birch Street, more specifically designated as 120 East 2nd Street, is
necessitated. Consequently, staff has engaged in discussions with the landowner, Ron
Detherow, regarding the purchase of his property. Mr. Detherow does not reside in the house
located on that site but currently utilizes it as a rental property. While Mr. Detherow is not
opposed or unwilling to sell the property to the City of Owasso, he desires compensation greatly
exceeding the property's Fair Market Value and prefers that the City utilize eminent domain
proceedings to obtain the property.
Based upon the foregoing, it has become apparent that condemnation is the sole mechanism
available to the City to obtain the Detherow property. The property will be utilized for a public
purpose; therefore a condemnation action is both warranted and appropriate. The City
obtained an appraisal of the property and offered the landowner a purchase price exceeding
the property's Fair Market Value. Due to the landowner's refusal to accept this offer, City staff
believes that agreement upon a mutually acceptable purchase price cannot be reached
through additional negotiation. Therefore, staff submits that a Resolution of Necessity authorizing
the filing and prosecution of a condemnation action is appropriate and required to obtain the
property located at 120 East 2nd Street, owned by Ron Detherow.
RECOMMENDATION:
Staff recommends approval of Resolution 2016 -24 authorizing the filing and prosecution of a
condemnation action to obtain the property located at 120 East 2nd Street, Owasso, Oklahoma
from the property owner, Ron Detherow.
ATTACHMENTS:
Resolution 2016 -24
Appraisal
Offer Letter to Property Owner
CITY OF OWASSO, OKLAHOMA
RESOLUTION 2016 -24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, RESOLVING THE NECESSITY OF INSTITUTING AND
PROSECUTING CONDEMNATION PROCEDURES TO OBTAIN THE
PROPERTY LOCATED AT 120 EAST 2ND STREET, OWASSO, OKLAHOMA.
WHEREAS: The City of Owasso, by and through officers and agents
thereof, has endeavored to purchase the property located at 120 East 2nd Street,
Owasso, Oklahoma, owned by Ron Detherow, with the following legal
description:
Lot 1 & E10 Vac Alley Adj on W thereof, Block 10, Owasso OT
WHEREAS: Acquisition of the property referenced above is necessary
for the renovation, expansion and public safety of the grounds surrounding the
building housing the Owasso Police Department; and,
WHEREAS: In connection with such efforts to obtain the needed property
consensually, the City of Owasso, by and through officers and agents thereof,
has made a bona fide good faith offer to purchase same; and,
WHEREAS: The above - referred landowner has not accepted such offer
and by reason thereof, condemnation proceedings, as provided for under the
Constitution and Statutes of the State of Oklahoma, are necessary.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA, THAT: Officers and agents of the City of Owasso,
Oklahoma, are hereby authorized to initiate, and prosecute to the conclusion
thereof, condemnation proceedings against the above -named landowner to
obtain the premises referenced above.
APPROVED AND ADOPTED this 6th day of December, 2016, by the City
Council of the City of Owasso, Oklahoma.
Lyndell Dunn, Mayor
Attest:
Sherry Bishop, City Clerk
Approved As To Form:
Julie Trout Lombardi, City Attorney
Todd Paden
FROM:
Todd Paden
Paden Appraisals, Inc
1304 N Garfield Ave
Sand Springs, OK 74063 -7325
Telephone Number; (918) 245-1765 Fax Number:
IMDER
4264
DATE ': it
07106/2016
TO:
Internal Order #:
Client: John Peary
Lender Case #:
City of Owasso
Client File #:
Owasso, OK 74055
Alain File # on form: 4264
Other File # on form:
Telephone Number: 918 -376 -1519 Fax Number:
Federal Tax ID:
Alternate Number. E -Mail: jfeary@cityofowasso.com
EmployerlD:
Lender. Client: John W Peary Client: Client: John W Feary
Purehoser/Borrower. Client: John Peary, City of Owasso
Property Address: 120 E 2nd St
City: Owasso
County: Tulsa State: OK Zip: 74055
Legal Description: Lot i & E10 Vac Alley Adj on W Therofe, Block 10. Owasso OT
Full Appraisal
350.00
Form NIVS - 'TOTAL' appraisal software by a la mode, Inc. -1- 800- ALAMODE sera# sAFFAD14
SUMMARY OF SALIENT FEATURES
Subject Address
120 E 2nd St
Legal Descdpfion
Lot 1 & El Vac Alley Adj on W Therofe, Block 10. Owasso OT
City
Owasso
County
Tulsa
State
OK
Zip Code
74055
Census Tract
0058.01
Map deference
TU4148 /Owasso OT Addition
Sale Price
S
Date of Sale
Borrower
Client: John Feary, City of Owasso
Lender /Client
Client: John W Feary
Size (Square Feel)
1,613
Price per Square Foot
3
Location
N;Res;
Age
35
Condition
C3
Total Booms
6
Bedrooms
4
Baths
2.1
Appraiser
Todd A. Paden
Date of Appraised Value
06/30/2016
Opinion of Value
$ 125,000
FOR SSD2 - "TOTAL' appraisal software by a la mode, !no. -1 -800- ALAMODE SenalN 5AFFAO14
Todd Paden
Uniform Residential Appraisal Report Flin# 4964
The purpose of this summa a prisal report is to provide the lender /client with an accurate, and adequately supported, opinion of the market value of the subject property.
PropertyAddress 120E 2nd St City Owasso State OK Z Code 74055
BOUTOWer Client: John Feary Cifyof0wasso Owner of Public Record Ron Detherow Trust County Tulsa
Legal DOSUI bon Lot 1 & El Vac Alley Adi on W Therofe Block 10. Owasso OT
Assessor's Parcel # 61000 -14 -30 -00350 Tax Year 2015 R.E. Taxes $ 1 038
Neighborhood Name Owasso OT Addition. Ma Reference TU4148 /Owasso OT Census Tract 0058.01
Occu rd Owner ®Tenant vacant Special Assessments$ 0 LJ PUB HOAS0 64 per ear D per month
" Property Rights Appraised
X Fee Simple Lj Leasehold ❑ Other describe
Assignment Type ❑Purchase
Transaction ❑flefinance Transaction Other describe Market Value
Lender /Client Client: John W Feary Address Owasso OK 74055
Is the subject property currenty offered for sale or has it been offered for sale in the twelve months ledin to the effective date of this appraisal? Yes No
Report data source (s) used, offering rice s , and dates . Per TulsaMLS subject has not been listed in last 12 months.
I ❑ did ❑ did not analyze the contract for sale for the subject purchase transactor. Explain the results of the analysis of the contract for sale orwhy the analysis was not
performed.
Contract Price S Data of Contract Is the property seller the owner of public record? ❑ Yes ❑ No Data Source s
Is there any financial assistance (loan charges, sale concessions, gift or downpayment assistance, etc.) to be paid by any parry on behalf of the borrower? ❑ Yes ❑ No
If Yes, report the total dollar amount and describe the items to be paid
Note: Pace and the racial composition of the neighborhood are not appraisal factors.
Neighborhood Characteristics
One-Unil Houst Trends
1One-Unfl Housing
ent Land Use%
Location Uman
Suburban ❑Rural
Pro a Values ❑ lecreasin Stable ❑ Declining
PRICE AGit
60 %
Buift -U X Over 75%
❑ 25 -75% ❑ Under 25%
Demand/Su I ❑ Shortage In Balance ❑ Over Su I
$ 000 rs
it %
MCOMWMial
;Growth Raid
XStable ❑Slow
Marketing Time E] Under 3 mths 3 -6 units Over 6mths
90 Low 1Family
%
Neighborhood Boundaries The north boundary is 86th Street North The south boundary is 76th Street
too High 6mial
20 %
North. The west bounds is 101 at E. Ave. The east bounds is Hi hwa 169.
125 Pred. 320
%
Nei hborhood Descri don Established net hborhood in Owasso of avera a uali homes in the medium rice ran a on varlots. Several
additions in area with a varie of home desi ns well maintained. Commercial and Church ve nearb . A raised as sihome er
client. Area convenient to cily services. Properly values in area stable and financing being readilM available at this time.
Market Conditions (including support: for the above conclusions Nei hborhood's trend intlirates stable market value. Predominate) sin le fami homes in
area. Demand/supply Demand/supply appears in balance at this time. No apparent adverse conditions were observed in the market at this time. Financing
concessions do not appear to have effect on final estimate of value at this time.
Dimensions Sub ect to surve Area 11250sf Shape Regular View WRev
Specific Zoning Classification CH ZGeingDOscripubmi Commercial Hi h. Land use Single Family
Zoning Compliance ® Legal ❑Legal Nonconforming (Grandfatheretl Use) ❑ No Zoning ❑ Illegal (describe)
Is the highest and best use Of subject property as im roved or as firoposed per plans and s ecifcafions the present use? Yes EJ No it No, describe
Utilities Public Other describe Public Other describe Off -site Improvements - T a Public Private
Elbeencily
Water 6(,I 0
Street Asphalt
Gas
❑ Sanitary Sewer X, El
May None
11
13
FEMA Special Flood Hazard Area LJ Yes X No FEMA Flood Zone X FEMA Ma # 40143CO138L FEMA Ma Date 10/1612012
Are the notice and off-she improvements typical for the market area? X Yes No It No, describe
Are there any adverse site conditions or external factors ieasements, encroachments, environmental conditions, land uses, etc.)? ❑ Yes X No If Yes, describe
Subject land typical of area. Located on comer lot. Located near commercial Church City Offices. Subject zoned CH and cumsurtly used as
sin le fami) . "A raise as single family per client. Easements appear normal. Utifitiestypical for area. No other apparent adverse conditions
were observed in the market.
General Description
Foundation':
ExtenorDescd bore materials / condhion
Interior materials /condition
Units One One with Accessory Unit
Concrete Stab
CraWSpace
Foundation Walls Concrete/Average
Floors Ca- CYAvea e
#of Stories i
Full Basement
❑Parbal Basement
Exterior Walls Brk- WAvera a
Walls Dwl- Pan /Avera e
,Type X Oct. n Att. ❑ S- DetAnd Unit
Basement Area 0 S .ft.
Roof Surface Comp/Average
TdmVFnish Wood/Average
X Erisfin ❑ Pro used 0 Under Gunk
Basement Finish 0 %
Gutters & Downs outs None
Bath Floor Ct/Avea e
Desi n S le Tadilional
Outside En /Exit ❑ Sump Pump
Window Type Alum/Average
Bath Wainscot Ct/Avem e
Year Built 1981
Evidence of Ej Infestation
Storm Sastulnsulated Storms/Average
Car Stora a None
Effective A e rs 12
❑ Dampness ❑ Settlement
Screens Screens/Average
X Driveway # of Cars 2
Atfic U NoneHeaen
(j FWA ILI
HWBB Radiant
Amenities Wmdstove s # 0
Orivewa surface Concrete
N Drop Stair Stairs
Other
Fuel Gas
Fe lace s # 1 I Fence CL
, Garage # of Cars 2
❑ Floor ❑Scuttle
Conlin Centel
Air Conditonin
PatioIDeck Cov'tl Porch Cov'd
❑ Ca ort # of Cars 0
❑ Finished ❑ Heated
11 ] Individual
ILI Other
❑Pool none ❑Other none
Att ❑ Det. ❑ Built -in
Appliances ❑ Refrigerator XI Range/Oven N Dishwasher X
Disposal ❑ Microwave ❑ Washer/D er X Other describe Vent Hood
Finished area above grade contains: 6 Rooms 4 Bedrooms 21 Bettis) 1,613 Square Feet of Gross Living Area Above Grade
. Additional features (special energy efficient items, etc.. Covered Porch - Covered Fade - Ceilin Fans - Storm Door. Old storage noted but door is so
close to fence very smalls ace too en and effects functionality, No contributory value given to small old storage building.
Describe the condition of the property (including needed repairs, deterioration, renovations, remodeling, etc.. C3 ;No updates in the prior 15 ears'Functional door
tan. Subject well maintained. Overall subject considered to be in average condition. Stoa a not given any contributory value due to door
being located so close to south fence unable too en all the way and limits its usefulness. No apparent adverse conditions were observed in the
market.
Am there any physical deficiencies or adverse conditions that affect the livabil' , soundness, or structural imetidy of the m e ? ❑ Yes N No If Yes, describe
There were no physical deficiencies or adverse conditions that were apparent or readily observable to this appraiserthat would negatively affect
the livability or soundness of the subject property. If there is a question as to the structural intecirity of the building. a qualified Professional should
be consulted.
Does the property generally conform to the neighborhood (functional udliN style condition use construction. etc.)? XYes [I No If No, describe
Freddie Mac Form 70 March 2005 ILIAD Version 9/2011 Page 1 of 6 Fannie Mae Form 1004 March 2005
Form 1004UAD- "TOTAL"appralsal software by a In mode, Inc. -1. 000- ALAMODE Serial#SAFFADI4
Uniform Residential Appraisal Report File# 4264
There are 2 comparable properfies; currently offered for sale in the subject neighborhood ranging in price from $ 100 000 to $ 120.000
There are 6 comparable sales in the sub ect neighborhood
whhin the ast twelve months
ranging in sale rice from $ 97.000 th $ 146,000
FEATURE SUBJECT
COMPARABLE
SALE # 1
COMPARABLE SALE # 2
COMPARABLE SALE # 3
Address 120 E 2nd St
Owasso OK 74055
602 E 8th St
Owasso OK 74055
318 N Carlsbad St
Owasso OK 74055
315 N Carlsbad St
Owasso OK 74055
Proodak to Subject
0.55 miles NE
0.32 miles NW
0.29 miles NW
Sale Price
$
$ 127,000
'
$ 11a 000
Is
97,000
Sale Price/Gress Uv. Area
$ .fL
$ 84.39 .tL
$ 74.71 .1L
0
$ 65.50 .R
Data Sources
TuIsaMLS#1538523,DOM 34
TulseMLS#1609101;DOM 30
TulsaMLS#1527653:DOM 12
Verification Source s
-
Realist Cthouse Rec
TuIsaMLS
Realist Cthouse Rec
VALUE ADJUSTMENTS
DESCRIPTION
DESCRIPTION
+ - $ Adjustment
DESCRIPTION
I + - $ Ad ustrnent
DESCRIPTION
I + - $ ustnent
Sales or Financing
Concessions
Arml-th
ConvO
ArmLth
Unknowm0
ArmLlh
Conv ;O
Date of Same
s09 /15'Unk
sO6/1B•Unk
s08 /15'Unk
Location
NFRes;
N;Rew
MRes
WReig
Leaseholeft Simple
Fee Simple
Fee Simple
Fee Simple
Fee Simple
site
11,250 Sf
15000 sf
-2,50
7442 at
+2,50
7688 sf
+2,50
Yew
NrRes,
N;R •
N•Res•
N;Res:
Desi n S e
DT1,Tradilional
DT1:Tmditional
DT1;TmdiUonal
DT1:Tmdrdonal
Qualtv, of Construction
03
IQ3
IQ3
Q3
Actual Age
35
55
048
0.48
0
Condition
C3
C3
C3
C3
Above Grade
Tole
Brims.
Bats
Tohl
Brims.
Bats
TOW
Brims.
Baths
Total
Bdms.
Baths
Room Count
6
4
21
8
2
2.0
+1 500
6
3
2.0
+3,000
Gross Living Area
1,613 . L
1,505 sit
+3.80
1,526 .R
1 481 .fl
+4 600
Basement 8 Finished
Rcom6 Below Gmde
Osf
Osf
Osf
E+3
Osf
Functional UUg
Averse
Averse
Averse
Avers e
Hearin Collin
Cent/Cent
CenUCent
CenUCent
Cent/Cent
Ener Efficient Items
Storm Windws
ThermalWndws
-1 500
Storm Wrndws
Storm Wndws
Gavage/Carport
2 a2dw
2 a2dw
2 a2dw
2 a2dw
- PorcWPatiWDeck
Porch/Patio
Pomh/Patio
Porch/Patio
Porch/Patio
• Fm fl ace
Fence/F -P
Fencin
+1,50
Fending
+1.50
Fencin
+1,500
• Special features
Avere a
Averi a
Averse
Dot Shop
-5000
• Net Adjustment
-
® + ❑ -
$ 2.80
® + ❑ -
$ B 55
®+ ❑ -
$ 6,600
Adjusted bale Price
of Com ambles
NelAdj. 2.2%
Gross Adj. 8.5%
$ 129,80
NetAdl. 7.5%
Gross Adj. 7.5%
$ 122 500
Net Adj. 6.8%
Grass ARI• 17.1 %
$ 103 800
-
I D9 did El did not research the sale or transfer history of the subject property and comparable sales. B not explain
M research HdId 0 did not reveal any prior sales ortransfera Of the subject pmpaq for the three years prior to the effective dale of this appraisal.
Data Sources Realist Cthouse Records
My research ❑ did ® did not reveal my prior sales or transfers of the comparable sales for the year prior to the data of sale of the comparable sale.
Data SOMO S Realist Courthouse Retards
Report the results of the research and
analysis of the prior sale or transfer history
of the subject property and comparable sales (report additional prior sales on page 3).
REM I
SUBJECT
COMPARABLE SALE #1
COMPARABLE SALE #2 COMPARABLE SALE #3
Date of Prior Sale/frensfer
03/07/2014
Price of Prior Salelrransfer Iso
Data Sources
Realist Cth Rec
I Realist Cth Rec
I Realls Cth Rec I Realis Cth Rec
Effective Date of Dam Sources
06115/201e
06/1512018
06/1512018 loi
Analysis of prior sale or transfer history of the subject property and comparable sales Previous vvemanty deed for sublet[ from Datherow to Detherow Trust
No other sales history noted on subject or com arables other than noted above.
Summary of Sales Comparison Approach All sales have been ghren equal consideration. After ressiarohino subjects cremerial market area these
mminarables used were considered to be the moat Pertfirrent and reliable indications of market value. Camps from same area or similar
wrimpeting area to subject Area considered stable over last 12 months.
Indicated Value by Sales Comparison Approach $ 125,000
Indicated Value by: Sales Compurdsom Approach $ 125,000 Cog Approach (it developed) $ Income Approach (it developed) $
The final estimate of market value was derived from the sales ccumparrison analveis as It best reflects the actions of the buyers and sellers in
tode s market Income approach not used as subject is not considered to be a rental.
This appraisal is made ® 'as is', ❑ subject to completion per plans and speciffcatons on the basis of a hypothetical condNon that the Improvements have been
completed, ❑ subject to the following repairs or alterations on the basis of a hypothedcal condition that the repairs or alterations have been completed, or ❑ subjac(tu the
• following required inspection based on the eurtmordinary assumption that the condition or drifichouncy does not require situation or repair: Subject currently used as sin le
family and appraised as a sin le family residence Per client Zane CH per courthouse. "This is a summa appraisal re rt."
Based an a complete visual inspection of the interior and exterior sreas of the subject properly defined scope of workhstatement of assumptions and limiting
conditions, and appraiser's certification, my (our) opinion of the market value, as Refined, of the real property that is t e subject of this report is
S 125.000 Not 06130/2016 which is the date of inspection and the effective date of this appraisal.
Freddie Mac Form 70 March 2005 UAD Version 9/2011 Page 2 of 6 Fannie Mae Form 1004 March 2005
Form 1004UAD -°rOTW appraisal software by a la mode, Inc. - 1 -800-ALAMODE Serial# SAFFADU
Uniform Residential Appraisal Report File #4264
Freddie Mac Fonn 70 March 2005 UAD Version 9/2011 Page 3 of 6 Fannie Mae Form 1004 March 2005
Form 1004UAD - "TOTAL° appraisal sottwam by a la mode, me. -1- 800- ALAMODE acnal# SAFFADtd
-' COST APPROACH TO VALUE '(not required b Fannie Mae
Provide adequate information for the lender /client to replicate the below cost figures and calculations.
Suppon for the opmen of She value Summa of comparable land sales or other methods for estimabng site value County assessor, recent land
sales.
ESTIMATED REPRODUCTION OR 0 REPLACEMENT COST NEW
OPINION OF SITE VALUE-
=S 50,000
Source of cost data
DWELLING S .Fl. @ 8
------- - =5
Ouali faling from cost service Effective date of cost data
S .Fl. @ $
=S
Comments on Cost Approach Wross living area calculations. de reciabon, etc.
=S
Garage/Carport S .Ft. @ S
- =$
Total Estimate of Cost-Now
. =S
Less Ph sical
Funcbonai
Exlemal
De reciabon
=S
Depreciated Cost of improvements ---------------------------
=s
-As-is" Value of site Improvements ..._------ __- ---------
-- - - =5
Estimated Remaining Economic Life (HUD and VA only) 50 Years
INDICATED VALUE BY COSTAPPROACN
=S
INCOMEAPPROACHTOVALUE (not required byFannie Mae
Estimated Monthly Market Rent $ X Gross Rent Multiplier = $ Indicated Value by Income Approach
Summary of Income Approach (including Support for market rent and GRM)
PROJECT INFORMATION FOR PUDs M applicable)
Is the developer/builder in control of the Homeowners' Association OA ? Yes 0 No Unit s ❑ Detached ❑ Attached
Provide the following infarmation for PUDs ONLY if the develo eribuilder is in control of the HOA and the sub ct propaq is an attached dwelling uniL
Legal Name of Project
Total number of phases Total number of units Total number of units sold
Total number of units mated Total number of units for sale Data source (s)
Was the prooct created by the conversion of e)dsgng building(s) into a PUD? Yes 0 No b Yes, date of conversion.
Does the proect contain any mufti-dwelling units? ❑Yes 0 N Data source
Are the units, common elements, and recreation facilities complete? Yes 0 No If No, describe the status of com lebon.
Are the common elements leased to or by the Homeowners' Association? Yes Ej No If Yes, describe the rental terms and options.
Describe common elements and recreational facilities.
Freddie Mac Fonn 70 March 2005 UAD Version 9/2011 Page 3 of 6 Fannie Mae Form 1004 March 2005
Form 1004UAD - "TOTAL° appraisal sottwam by a la mode, me. -1- 800- ALAMODE acnal# SAFFADtd
LIINIUnn MUSIUetatal Hppralsal tie
This report form is designed to report an appraisal of a one -unit property or a one -unit property with an accessory unk;
including a unit in a planned unit development (PUD). This report forth is not designed to report an appraisal of a
manufactured home or a unit in a condominium or cooperative project.
This appraisal report is subject to the following scope of work, intended use, intended user, definition of market value,
statement of assumptions and limiting contlitions, and certifications. Modifications, additions, or deletions to the intended
use, intended user, definition of market value, or assumptions and limiting conditions are not permitted. The appraiser may
expand the scope of work to include any additional research or analysis necessary based on the complexity of this appraisal
assignment. Modifications or deletion to the certifications are also not permitted. However, additional certifications that do
not constitute material alterations to this appraisal report, such as those required by law or those related to the appraiser's
continuing education or membership in an appraisal organization, am permitted.
SCOPE OF WORK: The scope of work for this appraisal is defined by the complexity of this appraisal assignment and the
reporting requirements of this appraisal report form, including the following definition of market value, statement of
assumptions and Iimbing conditions, and certifications. The appraiser must, at a minimum: (1) perform a complete visual
inspection of the interior and exterior areas of the subject property, (2) inspect the neighborhood, (3) inspect each of the
comparable sales from at least the street, (4) research, verify, and analyze data from reliable public and/or private sources,
and (5) report his or her analysis, opinions, and conclusions in this appraisal report.
INTENDED USE: The intended use of this appraisal report is for the lender /client to evaluate the property that Is the
subject of this appraisal for a mortgage finance transaction.
INTENDED USER: The Intended user of this appraisal report is the lender /client.
DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open
market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming
the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and
the passing of tare from seller to buyer under conditions whereby: (1) buyer and seller am typically motivated; (2) both
parties am well informed or well advised, and each acting in what he or she considers his or her own best Interest; (3) a
reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash In U. S. dollars or in terms
of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the pmperty sold
unaffected by special or creative financing or sales concessions` granted by anyone associated with the sale.
*Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments am
necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are
readily Identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing
adjustments can be made to the comparable property by comparisons to financing terms offered by a third parry institutional
lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical
dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's
reaction to the financing or concessions based on the appraisers judgment.
STATEMENT OF ASSUMPTIONS AND LIMITING CONDITIONS: The appraisers certification in this report is
subject to the following assumptions and limiting conditions:
1. The appmiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title
to it, except for information that he or she became aware of during the research involved in performing this appraisal. The
appraiser assumes that the title is good and marketable and will not render any opinions about the title.
2. The appraiser has provided a sketch in this appraisal report to show the approximate dimensions of the improvements.
The sketch Is Included only to assist the reader in visualizing the property and understanding the appraiser's determination
of its size.
3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency
(or other data sources) and has noted in this appraisal report whether any portion of the subject site is located in an
identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, express or
implied, regarding this determination.
4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question,
unless specific arrangements to do so have been made beforehand, or as otherwise required by law.
5. The appraiser has noted In this appraisal report any adverse conditions (such as needed repairs, deterioration, the
presence of hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property or that he or
she became aware of during the research involved in performing the appraisal. Unless otherwise stated In this appraisal
report, the appraiser has no knowledge of any hidden or unappment physical deficiencies or adverse conditions of the
property (such as, but not limited to, needed repairs, deterioration, the presence of hazardous wastes, toxic substances,
adverse environmental conditions, etc.) that would make the property less valuable, and has assumed that there are no such
conditions and makes no guarantees or warranties, express or implied. The appraiser will not be responsible for any such
conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist.
Because the appraiser is not an expert in the field of environmental hazards, this appraisal report must not be considered as
an environmental assessment of the property.
6. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that Is subject to satisfactory
completion, repairs, or alterations an the assumption that the completion, repairs, or alterations of the subject property will
be performed in a professional manner.
Freddie Mac Form 70 March 2005 UAD Version 9/2011 Page 4 of 6 Fannie Mae Fan 1004 March 2005
Fan 1004UAD - 'TOTAL' appraisal solitaire by a la mode, Inc. - 1 -800-ALWODE aerialk SAFFADI4
Uniform Residential Appraisal Report FIIeM 4264
APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that:
1. 1 have, at a minimum, developed and reported this appraisal in accordance with the scope of work requirements stated in
this appraisal report.
2. 1 performed a complete visual Inspection of the interior and exterior areas of the subject property. I reported the condition
of the improvements in factual, specific terms. I Identified and reported the physical deficiencies that could affect the
livability, soundness, or structural integrity of the property.
3. 1 performed this appraisal in accordance with the requirements of the Uniform Standards of Professional Appraisal
Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were In
place at the time this appraisal report was prepared.
4. 1 developed my opinion of the market value of the real property that Is the subject of this report based on the sales
comparison approach to value. I have adequate comparable market data to develop a reliable sales comparison approach
for this appraisal assignment. I further certify that I considered the cost and income approaches to value but did not develop
them, unless otherwise indicated in this report.
5. 1 researched, verified, analyzed, and reported on any current agreement for sale for the subject property, any offering for
sale of the subject property in the twelve months prior to the effective dale of this appraisal, and the prior sales of the subject
property for a minimum of three years prior to the effective date of this appraisal, unless otherwise Indicated In this report.
6. 1 researched, verified, analyzed, and reported an the prior sales of the comparable sales for a minimum of one year prior
to the date of sale of the comparable sale, unless otherwise Indicated in this report.
7. 1 selected and used comparable sales that are Iocatlonally, physically, and functionally the most similar to the subject property.
8. 1 have not used comparable sales that were the result of combining a land sale with the contract purchase price of a home that
has been built or will be built on the land.
9. 1 have reported adjustments to the comparable sales that reflect the market's reaction to the differences between the subject
property and the comparable sales.
10. 1 verified, from a disinterested source, all information in this report that was provided by parties who have a financial interest in
the sale or financing of the subject property.
11. 1 have knowledge and experience In appraising this type of property in this market area.
12. 1 am aware of, and have access to, the necessary and appropriate public and private data sources, such as multiple listing
services, tax assessment records, public land records and other such data sources for the area in which the property is located.
13. 1 obtained the information, estimates, and opinions furnished by other parties and expressed in this appraisal report from
reliable sources that I believe to be true and correct.
14. 1 have taken into consideration the factors that have an impact on value with respect to the subject neighborhood, subject
property, and the proximity of the subject property to adverse influences in the development of my opinion of market value. I
have noted in this appraisal report any adverse conditions (such as, but not limited to, needed repairs, deterioration, the
presence of hazardous wastes, toxic substances, adverse environmental conditions, etc.) observed during the inspection of the
subject property or that I became aware of during the research involved in performing this appraisal. I have considered these
adverse conditions In my analysis of the property value, and have reported on the effect of the conditions on the value and
marketability of the subject property.
15. 1 have not knowingly withheld any significant information from this appraisal report and, to the best of my knowledge, all
statements and information in this appraisal report are true and correct.
16. 1 stated in this appraisal report my own personal, unbiased, and professional analysis, opinions, and conclusions, which
are subject only to the assumptions and limiting conditions In this appraisal report.
17. 1 have no present or prospective Interest in the property that is the subject of this report, and I have no present or
prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or
completely, my analysis and/or opinion of market value in this appraisal report on the race, color, religion, sex, age, marital
status, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the
present owners or occupants of the properties In the vicinity of the subject property or on any other basis prohibited by law.
18. My employment and/or compensation for performing this appraisal or any future or anticipated appraisals was not
conditioned on any agreement or understanding, written or otherwise, that I would report (or present analysis supporting) a
predetermined specific value, a predetermined minimum value, a range or direction in value, a value that favors the cause of
any party, or the attainment of a specific result or occurrence of a specific subsequent event (such as approval of a pending
mortgage loan application).
19. 1 personally prepared all conclusions and opinions about the real estate that were set forth in this appraisal report. If I
relied on significant real property appraisal assistance from any individual or individuals in the performance of this appraisal
or the preparation of this appraisal report, I have named such individual(s) and disclosed the specific tasks performed in this
appraisal report. I certify that any Individual so named is qualified to perform the tasks. I have not authorized anyone to make
a change to any hem in this appraisal report; therefore, any change made to this appraisal is unauthorized and I will take no
responsibility for it.
20. 1 identified the lender /client In this appraisal report who is the Individual, organization, or agent for the organization that
ordered and will receive this appraisal report.
Freddie Mac Farm 70 March 2005 UAD Version 9/2011 Page 5 of 6 Fannie Mae Form 1004 March 2005
Form 1004UAD TOTAL° appraisal software by a Is mode, Inc. -1- 800- ALAMODE SenaIb5AFFADI4
Unnorrn HUS10enual
21. The lender /client may disclose or distribute this appraisal report to: the borrower, another lender at the request of the
borrower, the mortgagee or its successors and assigns; mortgage Insurers; government sponsored enterprises; other
secondary market participants; data collection or reporting services; professional appraisal organizations; any department,
agency, or instrumentality of the United States; and any state, the District of Columbia, or other jurisdictions; without having to
obtain the appraiser's or supervisory appraiser's (d applicable) consent. Such consent must be obtained before this appraisal
report may be disclosed or distribuled to any other parry (including, but not limited to, the public through advertising, public
relations, news, sales, or other media).
22. 1 am aware that any disclosure or distribution of this appraisal report by me or the lender /client may be subject to certain
laws and regulations. Further, I am also subject to the previsions of the Uniform Standards of Professional Appraisal Practice
that pertain to disclosure or distribution by me.
23. The borrower, another lender at the request of the borrower, the mortgagee or its successors and assigns, mortgage
Insurers, government sponsored enterprises, and other secondary market padicipans may rely on this appraisal report as part
of any mortgage finance transaction that involves any one or more of these parties.
24. If this appraisal report was transmitted as an "electronic record" containing my "electronic signature" as those terms are
defined in applicable federal and/or state laws (excluding audio and video recordings), or a facsimile transmission of this
appraisal report containing a copy or representation of my signature, the appraisal report shall be as effective, enforceable and
valid as If a paper version of this appraisal report were delivered containing my original hand written signature.
25. Any intentional or negligent misrepresentation(s) contained In this appraisal report may result in civil liability and/or
criminal penalties including, but not limited to, fine or Imprisonment or both under the provisions of Tire 18, United States
Code, Section 1001, at seq., or similar state laws.
SUPERVISORY APPRAISER'S CERTIFICATION: The Supervisory Appraiser certifies and agrees that:
1. 1 directly supervised the appraiser for this appraisal assignment, have read the appraisal report, and agree with the appraiser's
analysis, opinions, statements, conclusions, and the appraiser's certification.
2. 1 accept full responsibility for the contents of this appraisal report Including, but not limited to, the appraiser's analysis, opinions,
statements, conclusions, and the appraisers certification.
3. The appraiser identified in this appraisal report Is either a sub - contractor or an employee of the supervisory appraiser (or the
appraisal firm), is qualified to pertain this appraisal, and is acceptable to perform this appraisal under the applicable state law.
4. This appraisal report complies with the Uniform Standards of Professional Appraisal Practice that were adopted and
promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place at the time this appraisal
report was prepared.
5. If this appraisal report was transmitted as an -electronic record" containing my 'electronic signature" as those terms are
defined in applicable federal and/or state laws (excluding audio and video recordings), or a facsimile transmission of this
appraisal report containing a copy or representation of my signature, the appraisal report shall be as effective, enforceable and
valid as If a paper version of this appraisal report were delivered containing my original hand written signature.
Name
Telephone Number 918- 245 -1765
Email Address toddoadenOSboglobal.net
Date of Signature and Report 07/07/2016
Effective Date of Appraisal 06/302016
State Certification #
or State License# 12698SLA
or Other (describe) State#
State OK
Expiration Date of Certification or License 10/31/2018
ADDRESS OF PROPERTY APPRAISED
Owasso. OK 74055
APPRAISED VALUE OF SUBJECT PROPERTY$ 125.000
LENDER/CLIENT
Name No AMC
Company Name Client: John W Feary
Company Address Owasso. OK74055
Email Address ifearvCrdcitvofowasso.com
SUPERVISORY APPRAISER (ONLY IF REQUIRED)
Signature
Name
Company Name
Company Address
Telephone Number
Email Address
Date of Signature
State Certification #
or State License #
State
Expiration Date of Certification or License
SUBJECT PROPERTY
❑ Did not inspect subject property
❑ Did inspect exterior of subject property from street
Date of Inspection
❑ Did inspect Interior and exterior of subject property
Date of Inspection
COMPARABLE SALES
❑ Did not inspect exterior of comparable sales from street
❑ Did inspect extedorof comparable sales from street
Date of Inspection
Freddie Mac Form 70 March 2005 UAD Version 912011 Page 6 of 6
Fannie Mae Form 1004 March 2005
Form 1004UAD -' 10TAL° appraisal sofivano by a to mode, inc. - l - BOD- AIAMODE Sena1#5AFFAD14
Building Sketch
Borrower Client: John Feary, CiN of Owasso
Propeq Address 120 E 2nd St
Cq Owasso COOn Tulsa State OK Zip Code 74055
LendedClient Client: John W Feary
Fonn W.B101 -' TOTAL" appraisal software by a la mode, he. -1- 800- ALAMODE SedaYI SAFFAD14
21.4'
47.6'
4.6'
Bedroom
I- 1/2
Bedroom
lo.l'
Bedroom
Bath
Nook
Kitchen
CL CL
I Cl.
as
Bath
37'
T
�
CI.
19.7'
2 Car
Living Room
CI' CI. Bath
Garage
16.5'
Bedroom
26.8'
24.9'
17.3'
'ma'' 'W "°m°`•6c
Area CakulaUom Summa
1Wing Area
Calculation Detaies
Firs[ Floor
1613.5 Sq R
18.1 x 21.4 = 216.1
37 x 17.3 = 6481
4.1 x 4.6 = 18.9
25.8x26.8 =691.4
13.3 x 3.5 = 46.6
Totrl 11Wn9 Area (Rounded):
1613 Sq f[
Non- IIVIMAna
2CarAMa M
479.3 Sq ft
19.7x21.4 =421.6
3.5 x 36.5 = 9.8
Fonn W.B101 -' TOTAL" appraisal software by a la mode, he. -1- 800- ALAMODE SedaYI SAFFAD14
Location Map
Bonower ClienL John Fea City of Owasso
P e Address 120 E 2ntl St
C' Owasso CounlY Tuley SW OK TJP Code 74055
Lender/Client Client Jahn W Feary
°S
-- t
a = I
SUBJECT^
i�.'..
120E 2nd S[
`j
1'J
Yi
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Form MABLOC - 'fOTAC appraisal software by a la mode, inc. -1- BBB- AIAMOOE SeAaW 5AFFA014
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SUBJECT^
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120E 2nd S[
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FLAB LENO. 1
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NCEEY'
h St
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Form MABLOC - 'fOTAC appraisal software by a la mode, inc. -1- BBB- AIAMOOE SeAaW 5AFFA014
SUBJECT^
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120E 2nd S[
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Form MABLOC - 'fOTAC appraisal software by a la mode, inc. -1- BBB- AIAMOOE SeAaW 5AFFA014
Subject Photo Page
Borrower Client: John eary,CltyofOmwo
Pro Address 120E 2ntl St
city Owasso COUMY Tulsa State OK Zip Code 74055
Lender/CBent Client: John W Feary
Subject Front
120 E 2nd St
Sales Price
Gross LNing Area
1,613
Total Rooms
6
Total Bedrooms
4
Total Bathrooms
2.1
Locadon
N;Res;
Yew
N;Res;
Site
11,250 at
Quality
a3
Age
35
Subject Rear
Subject Street
Form PICPO(.SR -' TOTAL "appraisal software by a Is mode, inc. - 1 -800-ALAMODE SemIMSAFFA014
Subject Photo Page
Bonawer Client John Fa C' of Owasso
P Address 120 E 2nd St
City Owasso Gounty Tulsa Stale OK Tip Code 74055
Lender/Clent Client: John W Peary
Subject Front
120 E 2nd St
Sales price
Gmm LMng Area
1,613
Total Rooms
e
Total Bedmoms
4
Total Bathrooms
2.1
Localion
N;Res;
Vmw
N;Res;
Site
11,250 sf
Quality
03
Age
35
Subject Rear
Subject Storage
door on fence side too close
to fence to open fully
Fonn PICPBLSR- TOTAL' appraisal sWlware by a la mode , Inc. -1- 800- ALAMODE SadaINSAFFAo14
Subject Photo Page
Bo0ower Client John Fea C' of Owasso
Pro Address 120 E 2nd sl
C Owasso
Count/ Tulsa State OK Zip Code 74055
Lender/Client Client John W Feat
v l,
Church across street
120 E 2nd St
Bales Price
Gross Living Area
1,613
Total Booms
6
Total Bedrooms
4
Total Betilroo s
2.1
Location
N;Res;
View
N;Res;
site
11,250 Sf
Ouagty
03
Age
35
Street /Commercial across street
Fan PICPD(.SB -' TOTAL" appraisal software by a IS mode, inc. - 1- BBO- ALAMOOE Senalr SAFFAeta
Subject Interior Photo Page
Bonower Client John ea!y,C!lyof0vva9w
Prnpeny Address 120 E 2nd St
C' Owasso
COURtY Tulsa StM OK L Code 74055
Lender/Client Client: John W Feary
Subject Kitchen
120 E 2nd St
Sales price
Bross Living Area
1,613
Tolal Rooms
6
ToW Bedrooms
4
Total Bathrooms
2.1
Locaden
N;Res;
Yew
N;Res;
Site
11,250 sf
Ouagly
03
Age
35
Subject Living Room
Subject Bathroom
Form PICFK6I- 'TOTAL° appraisal sOttware by a Is mode , Inc. -1- 800- ALAMODE SeAeINSAFFAe14
Subject Interior Photo Page
BOmOW¢f Client: John
FeaN. Citv of Owasso
Pro a Adtlr¢ss 120E 2nd St
C' Cwas cmfn Tulsa Slate OK li Code 74055
Lender /Client Client: : J ohn W Fea
Subject Bedroom
120 E 2nd St
Sales Pace
Gross Living Area
1,613
Total Rooms
6
Total Bedrooms
4
Total Bathrooms
2.1
Locabon
N;Res;
Yew
N;Res;
Site
11,250 sf
Quality
03
Age
35
Subject Bathroom
Subject 1/2 Bathroom
Form PICPV,SI - 'TOTAL" appraisal software by a la mode, inc. -1- 800- ALAMODE SeNelb 5AFFA014
Subject Interior Photo Pane
BOmower Client John Fea C of Owasso
Pm Address 120 E 2nd St
city Owasso COUnly Tulsa State OK hp Code 74055
Lender /Client Client John W Fea
-f! 13 pq
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Subject Bedroom
120 E 2nd St
Sales Price
Gross living Area
1,613
Total Rooms
6
Total Bedrooms
4
Total Bathrooms
2.1
Location
N;Res;
View
N;Res;
Site
11,250 sf
gustily
Q3
Age
35
Subject Bedroom
Subject Bedroom
Fonn PICPD(.SI- 'TOTAL° appraisal software by a la mode, Inc. -1- 800- ALAMOOE SArtaINSAFFAM4
Comparable Photo Page
Bo0ower Client: John Fea Ci of Owasso
Pro a Address 120E 2nd St
city Owasso County Tulsa State OK L Code 74055
Lender /Client Client John W Feary
Comparable 1
602 E 811h St
Prox. to Subject 0.55 miles NE
Sales Price
127,000
Gross Living Area
1,505
Total Rooms
6
Total Bedrooms
2
Total Bathrooms
2.0
Location
N;Res;
View
N;Res;
Seee
15000 at
Quality
Q3
Age
55
Comparable 2
318 N Carlsbad St
Pro). to Subject 0.32 miles NW
Sales Price
114,000
Gross Living Area
1,526
Total Rooms
6
Total Bedrooms
3
Total Bathrooms
2.0
Location
N;Res;
View
N;Res;
site
7442 at
Quality
Q3
Age
48
Comparable 3
315 N Carlsbad
St
Prox. to Subject
0.29 miles NW
Sales Price
97,000
Grass Living Area
1,481
Total Rooms
6
Total Bedrooms
3
Total Bathrooms
1.1
Locagon
N;Res;
View
N;Res;
Site
7688 sf
Quality
Q3
Age
48
Fonn PICPIX.CR -' TOTAL" appraisal softwam by a Is mode, me. -1- 800- ALAMODE serial# SAFFADI4
Market Conditions Addendum to the Annraisal Rannft
The purpose of this addendum is p provide the lender /client with a clear and accurate understanding R the madet trends and c0nddons prevalent in the subject
neighborhood. The is a required addendum for aft appraisal reports with an effective date an or after ril 1, 2009,
PMVOq Address 120 E 2nd St CI Owasso Stale OK ZIP Code 74055
Borrower Client John Fergy, My of Owasso
Instructions: The appraiser must use the information required on this form as the basis for his/her conclusions, and must provide support for those conclusions, regarding
housing bends and overall market wren illons as reported in the Neighborhood section of the appraisal report form. The appraiser must fill in all the Information to the extent
it is available and reliable and must provide analysis as indicated below. If any required data is unavailable or Is considered unreliable, the appraiser must provide an
ezplanahon. I is recognized that not all data sources will be able to provide data for the shaded areas below; N it is available, however, the appraiser must include the data
in the analysis. If data sources provide the required information as an average Instead Of the melon, the appraiser should report the available figure and Idantity it as an
average. Sales and listings must be properties that compete with the subject property, detemlioed by applying the criteria that would be used by a prospective buyer of the
subject property. The appraiser must ecq)lain my an ales in the dap, such as seasonal markets, new construction, foreclosures, etc.
Inventory Analysis
Prior 7 -12 Months
Pdor4 -6 Months
I Cunent- 310Onths
Overall Trend
Total# of Comparable
Sales fi3offled)
3
0
3
❑ Increasing
DO Stable
Deciinio
Absorption Hap otal Sales/Months)
Total # of Com arable Actlye Listings
Months of Nousin Su oal Usfings/Alt.Hale
Median Sale A, Ust Price, DON, Sale/List %
0.50
N/A
NIA
Prior 7 -12 Months
N/A
WA
N/A
Prior 4-6 Months
1.00
2
2.0
Currant -3 Months
❑ Increasing ® Stable ❑ Declining
❑ Declining ® SpMe ❑ Increasing
❑ Declining Staple ❑ Increasing
Overall Trend
Medan Comparable Sale Price
Medan Com rahle Sales Days on Market
Median Comparable List Price
127 000
19
135 500
N/A
N/A
N/A
113,000
20
119,000
❑ Increasin
❑ Declining
Increasing
IN Stable
® Stable
® Stable
I ❑ Declining
11 Increasing
Fj Declinin
Median Comparable Ustin s Days u r Market N/A N/A 39 ❑ Declining ® Stable JEJ Increasing
" Median Sale Price as %of Ust Price 93.7 %% 1 N/A 95% ❑ Increadin K Stable ❑ Declining
' Seller-(developer, builder, eic. aid financial assistance revalent? ® Yes ❑ No ❑ Declinin ® Stable IFI ce.org
Explain in dotal the seller concessions bends for the past 12 months (e.g, seller conmbutions Increased hour 3% to 5 %, Increasing use of buydowns, closing costs, condo
• fees, o bons, etc.. Of the 6 mm arable home sales in subjects mm arable area for the year, sales prim was hi her than list prim 0 fimes
per MILS.
' Are foreclosure sales RED sales a factor In the market? F1 Yes No g es, a pin includin the trends In listin and sales of foreclosed properties).
Of the 6 cam arable home sales found for last Year in subject area er MLS it appeared that 0 of the mm arable sales was co orate
owned.
Cite data sources for above Information. MLS research from sub ect area. No lisfing information Pound from time Periods 7 -12 months a o and 4-6
months a o an MLS.
Summarize the above information as support for your conclusions In the Neighborhood section of the appraisal report farm. If you used any additional Information, such as
an anal sis of London sales and/or a fired and withdrawn listings. to formulate your conclusions, provide both an ipplamation and support for your conclusions.
Overall trends in subject mm arable area considered to be stable. Currentl y 2 mm arable active lisfin s in the area.
Ili osub leelisaunilinacondominlumorcao eratirepmjact, com letethe following:
Subiect Pr0l't bate Prior 7- 12 Months
Project Name:
Prior 4-6 Months
Current -3 Montle
I Overall Trend
Total # of Comparable Sales Sethed
Iorreasl
Stable
Declinin
Abaci on orate opl5aleslMonths
Total # Ot ACtive Comparable fittings
❑ ImreasinA
lu Declinin
❑Stable
Stable
❑Declining
❑ Increasing
Months of Unit Su I otal Usti Ab.Hate ❑ Declining ❑ Stable ❑ increasing
Are trecloans sales (HED sales) a tcior in the protect? Yes No If yes, indicate the number of HEO Iptings and eNalain the trends in listings and sales of
foreclosed properties.
. Summarize the above trends and address the Impact on the subject unit and projea.
Si near
11
Signature
• A rats
Name Todd A. Paden
Supervisory Apprad ser Name
Cam
Name PadenA raisals Inc.
Can an Name
Gommany ies 4 Comp an Address
)_ State ikon State Ucense/CertiACation # State
Email Address toddpaden @sbcglobal.net Email Address
cvve rage i or Fannie Mae Form 1004MC March 2009
Pone 1004MC2 -10TAL° appraisal software by a Is mode, inc. - 1 -800-ALAMODE 9adala SAFFAD14
MULTI - PURPOSE SUPPLEMENTAL ADDENDUM
FOR FEDERALLY RELATED TRANSACTIONS
Todd Paden
Borrower Client: John F C' of Owasso
Pro a Addmss 120 E 2nd St
city Owasso County Tulsa State OK Ap Code 74055
Lender /Client Client John W Feary
This Mul&Purpose Supplemental Addendum for Federally Related Transactions was designed to provide the appraiser with a convenient way to campy with the current
appraisal standards and requirements of the Federal Deposit Insurance Corporation (FDIC), the Office of the Comptroller of Currency (OCC), The Office of Thrift
Supervision (OTS), the Resolution Treat Corporation (RTC), and the Federal Reserve.
This Multi- Purpose Supplemental Addendum Is for use with any appraisal. Only those
statements which have been checked by the appraiser apply to the property being appralsed.
® PURPOSE & FUNCTION OF APPRAISAL
The purpose of the appraisal is to esthrete the market value of the subject property as defined herein. The function of the appraisal is to assistibe above -named
Lender in evaluating the subject property fir lending purposes. This is a federally related transaction.
® WrENT OF APPRAISAL PROCESS
® The appraisal is based on the information gathered by the appraiser from public records, other identified sources, Inspection of the subject property and
neighborhood, and selection of comparable sales whhin the subject market area. The original source of the conparebles is shown In the Data Source section
of the market grid along with the source of confirmation, if available. The original source is presented first. The sources and data are considered reliable.
When canfiicting information was provided, the source deemed most reliable has been used. Dale believed to be unregable was not included in the report nor
used as a basis for the value conclusion.
❑ The Reproduction Cost is based on
supplemented by the appraisers knowledge of the local malt
® Physical depreciation Is based an the estimated effective age of the subject properly. Functional and/or external depreciation, it present is specifically
addressed in the appraisal report or other addenda. N estimating the site value, the appraiser has relied on personal knowledge of the local market This
knowledge is based an prior and/or current analysis of site sales and/or abstraction of site values from sales of improved properties.
® The subject property is located In an area of primarily ownewccupied single family residences and the Income Approach is rmt considered to be meaningful.
For this reason, the Income Approach was not used.
❑ The Estimated Market Rent and Gross Rent Multiplier urgent In the Income Approach are based on the appraisers knowledge of the subject market area.
The rental knowledge is based on prior and/or current rental rate surveys of residential properties. The Gross Rent Multiplier Is based on prior antVor current
analysis of prices and market rates for residential properties.
❑ For Income producing properties, actual rents, vacancies and expenses have been reported and analyzed. They have been used to project future rents,
vacancies and expenses.
® SUBJECT PROPERTY OFFERING INFORMATION
Accordingto TuIsaIALS the subject properly.
® has not been afieredfor sale in the past ❑ 30 days ® 1 year ❑ 3 years.
❑ is currently offered for sale for$
❑ was _offered for sale whin the past ❑ 30 days ❑ i year ❑ 3 years for $
❑ Offering information was considemd in the final reconciliation of value.
❑ Offering Information was not considered in the final reconciliation of value.
❑ Offering information was not available_ The reasons for unavailability and the steps taken by the appraiser are explained later in this addendum,
® SALES HISTORY OF SUBJECT PROPERTY
According to Cthouse Records the subject property:
❑ Has not transfamM ❑ in the past twelve months. ❑ In the past thirty -sh months. ❑ In the past 5 years.
® Has transferred ❑ in the past twelve months. ® in the past thirty -sb months. ❑ in the past 5 years.
❑ NI prior sales which have occurred in the past 3 years are listed below and reconciled to the appraised value, either in the body of the report or in the addenda.
® FEMA FLOOD HAZARD DATA
® Subject property Is not located in a FEMA Special Flood Hazard Area.
❑ Subject property Is located In a FEMA Special Flood Hazard Area.
F2ona FEMA Map /Panel # Map Date Name of Community
X 40143C0138L 10/16/2012 Tulsa Countv
❑ The commumlydoes not oarticipatein the National Flood Insurance Program.
❑ The communiydoes oartirioate in the National Flood Insurance Program.
❑ It is covered by atagulet program.
❑ R is covered by an ememe0gll program.
Page 1 of 2
Film MPA3 -"TOTAL" appraisal software by a Is mode, inc. -1- 880- ALAMODE SedeH SAFFA01d
bate
Sala. Pdee
Document #
Seller
Buyer
03/07/2014
0 33558
Detherow
Detherow Trust
® FEMA FLOOD HAZARD DATA
® Subject property Is not located in a FEMA Special Flood Hazard Area.
❑ Subject property Is located In a FEMA Special Flood Hazard Area.
F2ona FEMA Map /Panel # Map Date Name of Community
X 40143C0138L 10/16/2012 Tulsa Countv
❑ The commumlydoes not oarticipatein the National Flood Insurance Program.
❑ The communiydoes oartirioate in the National Flood Insurance Program.
❑ It is covered by atagulet program.
❑ R is covered by an ememe0gll program.
Page 1 of 2
Film MPA3 -"TOTAL" appraisal software by a Is mode, inc. -1- 880- ALAMODE SedeH SAFFA01d
® CURRENT SALES CONTRACT
® The subject property Isc m n ly not under contract
❑ The contract and/or escrow instructionswere out available for review The unavailability of the contract is explained later in the addenda section.
❑ The contract and/or escrow instructionswere niviewed The following summarizes the contract
Contract Data AmendmaM Date Contract Prim Seller
❑ The contract indicated that personal propertvwas nminebidedin thesale.
❑ The contract indicated that personal propedywasinduded. It consisted of
Esfimaled contributory value Is $
❑ Personal prapedywas not indnded In the final value estimate.
❑ Personal property wag included in the final value estimate.
❑ The contract indicated no financing confine or other Incentives.
❑ The conbactindicatecithe followingconc cc'ioon orincentives:
❑ If concessions or Incentives exist the con-parables were checked for similar concessions and appropriate adjustments were mere, ff applicable, so
that the final value conclusion is in compliance with the Market Value defined herein.
® MARKET OVERVIEW Include an explanation of current market conditions and trends.
1 -12 months is considered a reasonable marketing pound for the subject properly based on Market analysis of the area.
❑ ADDITIONAL CERTIFICATION
The Appraiser certifies and agrees that
(1) The analyses, opiNOns and conclusions were developed, and this ropod was prepared, in conformity with the Uniform Standards of Professional
Appraisal Practice VUSPAP'), except that the Departure Provision of the USPAP does not apply.
(2) Their compensation Is not contingent upon the reporting of predetermined value or direction in value that favors the cause of the client, the amount
of the value estimate, the attainment of a stipulated result or the occurrence of a subsequent event.
(3) This appraisal assignment was not based an a requested minimum valuation, a specific valuation, or the approval of a loan.
® ADDITIONAL (ENVIRONMENTAL) LIMITING CONDITIONS
The value estimated is based on the assumpfion that the property is not negatively affected by the existence of hazardous substances or detrimental
environmental conditions unless otherwise stated in this report. The appraiser is not an expert in the identificadon of hazardous substances or detrimental
environmental conditions. The appraiser's routine Inspection of and inquiries about the subject property rid not develop any information that indicated
any apparent significant hazardous substances or detrimental environmental conditions which would aged the property negatively unless otherwise staled
in this roport. it Is passible that teals and inspections made by a qualified hazardous substance and environmental expert would meal the existence of
hazardous substances or demmenel environmental conditions on or around the property that would negatively affect its value.
❑ ADDITIONAL COMMENTS
-a.
® APP
AISER'S SIGNATU LI S
CERTIFICATION
Appraiser's Sr nature Effective Data 06/30/201 Date Prepared 0710712016
Appraiser's N (print) Todd A. Paden Phone # 018.245 -1765
Slum OK Tax ID IF 20- 5864182
❑ CO -SIGNI aMtEnfliviriuMILIN
❑ The co- signing approiserhac n /lure ly'nsggcmdthe subject properly, both inside and out and has made an exterior Inspection of all comparable sales
fistad in the report The report was prepared by the appraiser under direct supervision of the co- signing appraiser. The co- signing appraiser accepts
responsibility for the contents of the report Including the value conclusions and the limiting conditions, and confirms that the certifications apply
fully to the co- signing appraiser.
❑ The co- signing appraiser hag not personally 'nsoededthe Interior of the subject property and:
❑ has not Incnectrdthe exterior of the subject property, and all comparable sales listed in the repdR
❑ bas tr anncfedthe exterior of the subject properly and all comparable sales listed in the report.
❑ The report was prepared by the appraiser under direct supervision of the co- signing appraiser. The co-signing appraiser accepts responslbifily for the
contents of the report Including the value conclusions and the limiting conditions, and confirms that the codifications apply fully to the co-signing
appraiser with the exception of the cerfification regarding physical inspectors. The above describes the level of inspection performed by the
co-signing appraiser.
❑ The co-signing appraiser's level of inspection, Involvement in the appraisal process and certification are covered elsewhere in the addenda section
of this appraisal.
❑ CO- SIGNING APPRAISER'S SIGNATURE & LICENSE /CERTIFICATION
Co- Signing
Appraeer's Signature Effective Data Date Prepared
Co- Signing Appraisals Name (print) Phone #
State - ❑ License ❑ Certification # Tax ID #
Page 2 of 2 '.-
Form MPA3 - 'TOTAL" appraisal software by a Is mode, Inc. - f- 800- AIAMODE aedwo s"FADU
DEFINITION OF MARKET VALUE: The most probable price which a property should bong in a competitive and open market under all conditions
requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this
definition is the consummation of a sale as of a specified date and the passing of tide from seller to buyer under conditions whereby: (1) buyer and seller are
typically motivated; (2) both pubes are well informed or well advised, and each acting in what he considers his own best interest; (3) a reasonable time is allowed
for exposure in the open market; (4) payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and (5) the pope
represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions* granted by anyone associated wig,
the sale.
*Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary
for those casts which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily idenffable
since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the
comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the
property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession
but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the
appraiser's judgement.
STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION
CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report Is subject to the following
conditions:
1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the He to it. The appraiser assumes that
the fige is good and marketable and, therefore, will not lender any opinions about the title. The property is appraised on the basis of it being under responsible
ownership.
2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist
the reader of the report in visualizing the property and understanding the appraiser's determination of its size.
3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (a other data sources) and has noted
in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes
no guarantees, express or implied, regarding this determination.
4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do
so have been made beforehand.
5. The appraiser has estimated the value of the land in the cast approach at its highest and best use and the improvements at their contributory value. These
separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid if they are so used.
6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous wastes, toxic
substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the normal research involved in performing
the appraisal. Unless otherwise slated in the appraisal leport, the appraiser has no knowledge of any hidden or unappalemt conditions of the property or
adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc.) that would make the property more or less valuable, and
has assumed that more are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the property. The
appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such
conditions exist. Because the appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an
environmental assessment of the property.
7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be
reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such items that were furnished by other
Parties,
8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice.
9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or
alterations on the assumption that completion of the improvements will be performed in a workmanlike manner.
19. The appraiser must provide his or her prior written consent before the lender /client specified in the appraisal report can distribute the appraisal report
(including conclusions about the property value, the appraiser's identity and professional designations, and references to any professional appraisal
organizations or the finn with which the appraiser is associated) to anyone other than the borrower; the mortgagee or its successors and assigns; the mortgage
insurer; consultants; professional appraisal organizafions; any state or federally approved financial institution; or any department, agency, or instrumentality
of the United States or any state or the District of Columbia; except that the lender /client may distribute the property descdpfion section of the report only to data
collection or retailing services) without having to obtain the appraiser's prior writer consent. The appraiser's written consent and approval must also
be obtained before the appraisal can be conveyed by anyone to the public through advertising, public relations, news, sales, or other media.
Freddie Mac Form 439 6 -93 Page 1 of 2 : garnb.Mae Form 19048 6 -93
Todd Paden sedarn sAr:eAm4
APPRAISER'S CERTIFICATION: The Appraiser criOBes and agrees that
1. 1 have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate to the subject property
for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those hems of significant
variation. It a significant Rem in a comparable property is superlor to, or mom favorable than, the subject property, I haw made a negative adjustment to reduce
the adjusted sales price of the comparable and, 9 a significant item in a comparable property is interior to, or less favorable than the subject property, I have made
a positive adjustment to increase the adjusted sales price of the comparable.
2. 1 have taken into consideration gas factors Nat have an impact on value In my development of the estimate of market value in the appraisal report. I have not
knowingly withheld any signifcwnt Information from the appraisal report and I believe, to the best of my knowledge, that all statements and information in the
appraisal report are to and correct.
3. I stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the contingent
and limiting conditions specified in this form.
4. 1 have no present or prospective interest in the property that Is the subject to this report, and I have no present or prospective personal interest or bias with
respect to the participants in the transaction. I did not base, either partially or completely, my analysis andfor the estimate of market value in the appraisal report
an the race, color, religion, sex, handicap, familial status, or mdonal origin of either the prospective owners or occupants of the subject property or of the present
owners or occupants of the properties in the vicinity of the subject property.
5. 1 have no present or contemplated future Interest in the subject property, and neither my current or future employment nor my compensation for performing this
appraisal Is contingent on the appraised value of the property.
6. 1 was not required to report a predetermined value or direction in value that favors gas cause of the client or any related parry, the amount of the value annals,
the attainment of a specific result, or the occurrence of a subsequent event in order to receive my compensation andfor employment for performing the appraisal. I
did not base the appraisal report on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgage loan.
7. 1 performed this appraisal N conlormity with the Uniform Standards of Professlonal Appraisal Practice that were adopted and promulgated by the Appraisal
Standards Board of The Appraisal Foundation and that were In place as of the effective date of this splashed, with the exception of the departure provision of those
Standards, which does not apply. I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value
and the estimate I developed Is consistent with the marketing time noted in the neighborhood section of this report unless I have otherwise stated in the
reconcillation section.
B. I have personalty inspected the interior and extedor areas of the subject property and the exterior of all properties listed as comparables In the appraisal report
I further certify that I have noted any apparent or known adverse conditions in the subject improvements, on the subject site, or on any site within the immediate
vicinity of the subject property of which I am aware and have made adjusbraints for these adverse conditions in my analysis of the property value to the extent that
I had market evidence to support them. I have also commented about the effect of the adverse conditions on the marketability of the subject property.
9. 1 personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report If I relled on significant professional
assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal report, I have named such Indiddual(s) and
disclosed the specific tasks performed by them in the reconcilation section of this appraisal mporL I candy that any individual so named is qualified to perform
the tasks. I have not authorized anyone to make a change to any Rem in the report therefore, 'rf an unauthorized change is made to the appraisal report, I will take
no responsibility for R.
SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal report he or she cerOges and agrees Nat
I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the statements and conclusions of the appralser,
agree to be bound by the appraiser's certifications numbered 4 through 7 above, and am taking full responsibility for the appraisal and the appraisal report
m
Name: Jodd A. Peden
Date Si : 07107/2016
Stale Ce k
or State License
State: OK
Expiration Date at Certification or license: 10/31/2018
SUPERVISORY APPRAISER (only if required):
Signature:
Name:
Date Signed:
State Certification #:
or Stare Ucense #:
State:
Expiration Data of Certification or license:
❑Did ❑ Old Not Inspect Property
Freddie Mac Form 439 B-93 Page 2 of 2 armili Mae Farm 10D4B 66-93
Form ACR - 'TOTAL° appraisal software by a Is mode, Inc. - 1- 60OALAMODE Warr s Am4
File No. 4264
UNIFORM APPRAISAL DATASET (UAD) DEFINITIONS ADDENDUM
(Source: Fannie Mae UAD Appendix D: UAD Feld- Specific Standardization Requirements)
Condition Ratings and Definitions
Cl
The improvements have been recently constructed and have not been previously occupied. The entire structure and all components are new
and the dwelling features no physical depreciation.
Note: Newly constructed improvements that feature recycled or previously used materials and/or components can be considered new dwellings
provided that the dwelling is placed on a 100 percent new foundation and the recycled materials and the recycled components have been
rehabilitated/remanufactured into like -new condition. Improvements that have not been previously occupied are not considered "new" it they
have any significant physical depreciation (that is, newly constructed dwellings that have been vacant for an extended period of time without
adequate maintenance or upkeep).
02
The improvements feature no deferred maintenance, little or no physical depreciation, and require no repairs. Virtually all building components
are new or have been recently repaired, refinished, or rehabilitated. All outdated components and finishes have been updated and/or replaced
with components that meet current standards. Dwellings in this category are either almost new or have been recently completely renovated and
are similar in condition to new construction.
Note: The improvements represent a relatively new property that is well maintained with no deferred maintenance and little or no physical
depreciation, or an older property that has been recently completely renovated.
C3
The improvements are well maintained and feature limited physical depreciation due to normal wear and tear. Some components, but not every
major building component, may be updated or recently rehabilitated. The structure has been well maintained.
Note: The improvement is in its first -cycle of replacing short-lived building components (appliances, floor coverings, HVAC, etc.) and is
being well maintained. Its estimated effective age is less than its actual age. It also may reflect a property in which the majority of
short-lived building components have been replaced but not to the level of a complete renovation.
C4
The improvements feature some minor deferred maintenance and physical deterioration due to normal wear and tear. The dwelling has been
adequately maintained and requires only minimal repairs to building components/mechanical systems and cosmetic repairs. All major building
components have been adequately maintained and are functionally adequate.
Note: The estimated effective age may be close to or equal to its actual age. It reflects a property in which some of the short-lived building
components have been replaced, and some short-lived building components are at or near the end of their physical life expectancy; however,
they still function adequately. Most minor repairs have been addressed on an ongoing basis resulting in an adequately maintained property.
05
The improvements feature obvious deferred maintenance and are in need of some significant repairs. Some building components need repairs,
rehabilitation, or updating. The functional utility and overall livability is somewhat diminished due to condition, but the dwelling remains
useable and functional as a residence.
Note: Some significant repairs are needed to the improvements due to the lack of adequate maintenance. It reflects a property in which many
of its short-lived building components are at the end of or have exceeded their physical life expectancy but remain functional.
C6
The improvements have substantial damage or deferred maintenance with deficiencies or defects that are severe enough to affect the safety,
soundness, or structural integrity of the improvements. The improvements are in need of substantial repairs and rehabilitation, including many
or most major components.
Note: Substantial repairs are needed to the improvements due to the lack of adequate maintenance or property damage. It reflects a property
with conditions severe enough to affect the safety, soundness, or structural integrity of the improvements.
Quality Ratings and Definitions
at
Dwellings with this quality rating are usually unique structures that are individually designed by an architect for a specified user. Such
residences typically are constructed from detailed architectural plans and specifications and feature an exceptionally high level of workmanship
and exceptionally high -grade materials throughout the Interior and exterior of the structure. The design features exceptionally high- quality
exterior refinements and ornamentation, and exceptionally high - quality interior refinements. The workmanship, materials, and finishes
throughout the dwelling are of exceptionally high quality.
Q2
Dwellings with this quality rating are often custom designed for construction on an individual property owner's site. However, dwellings in
this quality grade are also found in high - quality tract developments featuring residence constructed from individual plans or from highly
modified or upgraded plans. The design features detailed, high quality exterior ornamentation, high - quality interior refinements, and detail. The
workmanship, materials, and finishes throughout the dwelling are generally of high or very high quality.
UAD Version 9/2011 (Updated 1 /2014) 1 -1 °"
Form UADDEFIl - "TOTAL' appraisal software by a It mode, inc. -1- 800- AIAMODE sonar# sAeeAO14
UNIFORM APPRAISAL DATASET (UAD) DEFINITIONS ADDENDUM
(Source: Fannie Mae UAD Appendix D: UAD Feld- Specific Standardization Requirements)
Quality Ratings and Definitions (continued)
Q3
Dwellings with this quality rating are residences of higher quality built from individual or readily available designer plans in above - standard
residential tract developments or on an individual property owner's site. The design includes significant exterior ornamentation and interiors
that are well finished. The workmanship exceeds acceptable standards and many materials and finishes throughout the dwelling have been
upgraded from "Stock" standards.
04
Dwellings with this quality rating meet or exceed the requirements of applicable building codes. Standard or modified standard building plans
are utilized and the design includes adequate fenestration and some exterior ornamentation and interior refinements. Materials, workmanship,
finish, and equipment are of stock or builder grade and may feature some upgrades.
05
Dwellings with this quality rating feature economy of construction and basic functionality as main considerations. Such dwellings feature a
plain design using readily available or basic floor plans featuring minimal fenestration and basic finishes with minimal exterior ornamentation
and limited interior detail. These dwellings meet minimum building codes and are constructed with inexpensive, stock materials
with limited refinements and upgrades.
06
Dwellings with this quality rating are of basic quality and lower cost; some may not be suitable for year -round occupancy. Such dwellings
are often built with simple plans or without plans, often utilizing the lowest quality building materials. Such dwellings are often built or
expanded by persons who are professionally unskilled or possess only minimal construction skills. Electrical, plumbing, and other mechanical
systems and equipment may be minimal or non - existent. Older dwellings may feature one or more substandard or non - conforming additions
to the original structure
Definitions of Not Updated, Updated, and Remodeled
Not Updated
Little or no updating or modernization. This description includes, but is not limited to, new homes.
Residential properties of fifteen years of age or less often reflect an original condition with no updating, if no major
components have been replaced or updated. Those over fifteen years of age are also considered not updated if the
appliances, fixtures, and finishes are predominantly dated. An area that is 'Not Updated' may still be well maintained
and fully functional, and this rating does not necessarily imply deferred maintenance or physical/functional deterioration.
Updated
The area of the home has been modified to meet current market expectations. These modifications
are limited in tens of both scope and cost.
An updated area of the home should have an improved look and feel, or functional utility. Changes that constitute
updates include refurbishment anrVor replacing components to meet existing market expectations. Updates do not
include significant alterations to the existing structure.
Remodeled
Significant finish and/or structural changes have been made that increase utility and appeal through
complete replacement and/or expansion.
A remodeled area reflects fundamental changes that include multiple alterations. These alterations may include
some or all of the following: replacement of a major component (cabinet(s), bathtub, or bathroom file), relocation
of plumbing/gas fixtures/appliances, significant structural alterations (relocating walls, and/or the addition of)
square footage). This would include a complete gorging and rebuild.
Explanation of Bathroom Count
Three - quarter baths are counted as a full bath in all cases. Quarter baths (baths that feature only a toilet) are not
included in the bathroom count. The number of full and half baths is reported by separating the two values using a
period, where the full bath count is represented to the left of the period and the half bath count is represented to the
right of the period.
Example:
3.2 indicates three full baths and two half baths.
UAD Version 9/2011 (Updated 1/2014)
Form UADDEFINEM -" TOTAL °appraisal software bya la mode, inc. -l- BOO - ALAMODE SeridIMSAFFADid
UNIFORM APPRAISAL DATASET (UAD) DEFINITIONS ADDENDUM
(Source: Fannie Mae UAD Appendix D: UAD Field- Specific Standardization Requirements)
Abbreviations Used in Data Standardization Text
+Abbreviation
Full Name >
i Fields Where This Abbreviation May Appear
A
Adverse
Location &View
ac
Acres
Area, Site
AdbPrk
Ad scent to Park
Location
AdjPwr
Adjacent to Power Lines
Location
An d-th
Arms Length Sale
Sale or Financing Concessions
AT
Attached Structure
Design (Style)
B
Beneficial
Location & View
be
BathroormsI
Basement & Finished Rooms Below Grade
br
Bedroom
Basement & Finished Rooms Below Grade
Bs Rd
Busy Road
Location
c
Contracted Date
Date of Sale/Time
Cash
Cash
Sale or Financing Concessions
Comm
Commercial Influence
Location
Conv
Conventional
Sale or Financing Concessions
cp
Carport
Garage/Carport
CrtOrd
Court Ordered Sale
Sale or Financing Concessions
CtySky
Cl View Skyline Yew
View
Ctystr
Ci Street View
View
cv
Covered
Gara e/Car on
DOM
Da s On Market
Data Sources
OT
Detached Structure
Desi n (Style)
dw
Driveway
Garage/Carport
e
Expiration Date
Date of Sale/Time
Estate
Estate Sale
Sale or Financing Concessions
FHA
Federal Housing Authority
Sale or Financing Concessions
Garage
Garage/Carport
a
Attached Garage
Garage/Carport
bi
Built -in Garage
Gara e/Car on
d
Detached Garage
Garage/Carport
GlfCse
Golf Course
Location
Gfvw
Golf Course View
View
GR
Garden
Design (Style)
HR
High Rise
Design (Style)
in
Interior Only Stairs
Basement& Finished Rooms Below Grade
Ind
Industrial
Location & View
Lisfino
Listing
Sale or Financing Concessions
Lndfl
Landfill
Location
LtdS ht
Limited Si ht
View
MR
Mid -rise
Desi n (Style)
Mtn
Mountain View
View
N
Neutral
Location & View
NonArm
Non -Arms Length Sale
Sale or Financing Concessions
o
Other
Basement & Finished Rooms Below Grade
0
Other
Design (Style)
op
open
Garage/Carport
Prk
Park View
View
Paul
Pastoral View
View
PwrLn
Power Lines
View
PubTm
Public Transportation
Location
Relo
Relocation Sale
Sale or Financing Concessions
RED
RED Sale
Sale or Financing Concessions
Res
Residential
Location &View
RH
USDA - Rural Housing
Sale or Financing Concessions
rr
Recreational Rae Room
Basement & Finished Rooms Below Grade
FIT
Row or Townhouse
Design S e
S
Date
Date of Sale/Time
Semi - detached Structure
Design (Style)
Short Sale
Sale or Financing Concessions
Square Feet
Area, Site, Basement
Square Meters
Area, Site
PVASettlement
Unknown
Date of SaleTme
Veterans Administration
Sale or Financin Concessions
Withdrawn Date
Date of SaleTme
Walk Out Basement
Basement & Finished Rooms Below Grade
Woods View
View
Waterview
View
WtrFr
Water Frontage
Location
wu
Walk Up Basement
Basement & Finished Rooms Below Grade
UAD Version 9/2011 (Updated 1 /2014)
Form UADDEFINEIA -" TOTAL" appraisal software by a Is mode, inc. - 1-800-ALAMODE Senal#5AFFA014
Borrower Client John Feary, City of Owasso File No. 4264
ProperlyAddross 120 E 2nd St
city Owasso county Tulsa Stare OK L Code 74055
Lender /Client Client: John W Feary
APPRAISAL AND REPORT IDENTIFICATION
This Report is pie of the following types:
® Appraisal Report (A written report prepared under Standards Rule 2 -2(a) . pursuant to the Scope of Work, as disclosed elsewhere In this report.)
❑ Restricted (A written report prepared under Standards Rule 2 -2N) , pursuant to the Scope of Work, as disclosed elsewhere In this report,
Appraisal Report restricted to the stated intended use by the specified client or Intended user.)
Comments on Standards Rule 2 -3
1 candy that, to the best of my knowledge and belief:
-The statements of fact contained in this report are true and correct
- The reported analyses, opinions, and conclusions are Orated only by the reported assumptions and limiting conditions and are my personal, impartial, ad unbiased professional
analyses, opinions. and conclusions.
- Unless otherwise indicated. I have no present or prospective interest in the property that is the subject of this report and no personal Interest with respect to the parties invaNed.
- Unless otherwise indicated, I have performed no services, as an appraiser or in any other capacity, regarding the property that is tit subject of this report within the truce -year
period immediately preceding acceptance of this assignment
- I have no bias with respect to the property that is the subject or this report or the panes Involved with this assignment.
- My engagement in this assignment was not contingent upon developing or reporting predetermined results.
- My compensation for completing this assignment is not contingent upon the development or mporting of a predetermined value or directon in value that favors the cause of the
client the amount of the value opinion, the attainment of a stipulated result, or the Occurrence of a subsequent event directly related to the intended use of this appraisal.
- My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice that
were In effect at the time this report was prepared.
- Unless otherwise indicated, I have made a persons! Inspection of the property, that is the subject of this report.
- Unless otherwise Indicated, no one provided significant real property appraisal assistance to the person(s) signing this certification (if there are exceptions, the name of each
individual providing significant real property appraisal assistance is stated elsewhere In this report).
Reasonable Exposure Time (USPAP defines Exposure Time as the estimated length of time that the property interest being
appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal.)
My Opinion of Reasonable Exposure Time for the subject property at the market value stated in this report Is: 3 -12 months.
Comments on Appraisal and Report Identification
Note any USPAP - related issues requiring disclosure and any state mandated requirements:
r.
APPRAI R: /• SUPERVISORY or CO- APPRAISER (if applicable):
l
Signature: Signature:
Name: T d A. Paden Name:
State Certifica State certification #:
Or State Ucense #: or State license #:
State: OK Expiration Data of Certification or license; 1 0 /3112 01 6 Stale: _ Expiration Data of certification or License:
Data Of Signabue and Report 07107/2016 Data of Signature:
Effective Date of Appraisal: 0 6/3 01201 6
Inspection of Subject ❑ None X Interior and bleri0r U Exterior -Only Inspection Of Subject ❑ None ❑ Interior and Fixtedor ❑ EMericr -Only
Date of Inspection (d applicable): 0613012016 Data of Inspection R applicable): -
Porn IDt4E- 'TOTAL' appraisal software by a la mode, Inc. -1- 000- ALAMODE aedale SAFFA016
State of Oklalmrna
Oklahoma Real Estate Appraiser Board
mn r.. m nvarr r /we
Todd A. Paden
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Serial# SAFFADU
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...removing
obstacles
standing
in the way
of people
celebrating
their lives.
s
ti4Mi✓
September 2, 2016
Ron Detherow
10811 East 109" PI. North
Owasso, OK 74055
Mr. Detherow,
Please accept this letter as an offer to purchase land and improvements owned by you
located at 120 East 2nd St. in Owasso, OK for the amount of $135,000. As you are
aware this offer comes after an appraisal was performed on the property showing an
opinion of value of $125,000 using the sales comparison approach. The terms of this
offer are contingent upon acceptance by you as the owner and the approval of the
Owasso City council.
1 am including with this correspondence an offer acceptance and/or rejection sheet to be
executed by you and returned to me at your earliest convenience. I thank you again for
your participation in this process and look forward to hearing from you soon.
Sincerely && rrespectful y,
John W. Feary 1�
Project Administrator & Government Affairs
City of Owasso
JWF /dim
Public Works Department
301 West 2"d Avenue (918) 272 -4959
P.O. Box 180 City of Owasso FAX (918) 272 -4996
Owasso, Oklahoma 74055 A City of Character www.cityofowasso.com
t�.
...removing
obstacles
standing
in the way
of people
celebrating
their lives.
`wsna,W
1, Ron Detherow, am in receipt of an offer from the City of Owasso to purchase land
and improvements that I own located at 120 East 2nd St. in Owasso, OK. The offer
received is in the amount of $135,000.00.
Accept
Ron Detherow
Please Circle One
Reject
//�� /
�te
Public Works Department
301 West 20 Avenue (918) 272 -4959
P.O. Box 180 C1ly of Owasso FAX (918) 272 -4996
Owasso, Oklahoma 74055 A City of Character WWW.Cityofowasso.com
CITY OF OWASSO
GENERALFUND
PAYROLL PAYMENT REPORT
PAY PERIOD ENDING 11112/16
Department Payroll Expenses Total Expenses
Municipal Court
5,715.98
8,251.11
Managerial
22,890.12
31,781.87
Finance
15,989.21
24,409.79
Human Resources
8,694.98
14,131.48
Community Development
16,347.59
25,717.20
Engineering
17,559.04
26,608.77
Information Systems
14,184.15
21,490.43
Support Services
8,560.16
12,790.79
Cemetery
1,158.40
1,780.86
Police Grant Overtime
2,104.18
2,131.80
Central Dispatch
21,120.25
35,391.10
Animal Control
3,840.23
5,652.99
Emergency Preparedness
1,783.98
2,527.00
Stormwater /ROW Maint.
8,783.91
13,812.24
Park Maintenance
9,757.41
14,631.65
Culture /Recreation
5,235.59
8,462.66
Community- Senior Center
4,009.11
5,666.55
Historical Museum
664.40
745.98
Economic Development
3,496.85
4,563.69
General Fund Total
171,895.54
260,547.96
Garage Fund Total 5,934.40 9,181.14
Ambulance Fund Total 553.85 621.86
Fire Fund 37 Total 151,758.39 227,897.59
Police Fund 38 Total 135,992.15 209,295.78
Streets Fund 39 Total 13,398.44 21,179.28
Stormwater Fund 27 Total
Worker's Compensation Total 4,227.60 5,562.73
Strong Neighborhoods Total 3,851.62 5,608.71
CITY OF OWASSO
GENERALFUND
PAYROLL PAYMENT REPORT
PAY PERIOD ENDING 11126/16
Department Payroll Expenses Total Expenses
Municipal Court
5,488.01
8,023.13
Managerial
22,615.12
31,487.67
Finance
15,783.19
23,910.06
Human Resources
8,661.98
14,100.27
Community Development
16,347.59
25,725.03
Engineering
17,559.04
26,606.64
Information Systems
14,088.21
21,391.00
Support Services
8,434.95
12,655.38
Cemetery
1,158.40
1,780.86
Police Grant Overtime
2,023.60
2,051,18
Central Dispatch
28,302.29
43,154.76
Animal Control
3,933.92
5,772.09
Emergency Preparedness
1,763.98
2,505.47
Stormwater /ROW Maint.
8,682.23
13,712.55
Park Maintenance
9,400.93
14,222.13
Culture /Recreation
5,186.77
8,412.94
Community- Senior Center
4,714.11
6,495.44
Historical Museum
531.52
596.79
Economic Development
3,446.85
4,511.83
General Fund Total
178,122.69
267,115.22
Garage Fund Total 7,068.84 10,936.67
Ambulance Fund Total 553.85 621.86
Fire Fund 37 Total 139,491.94 212,719.63
Police Fund 38 Total 220,850.72 298,080.33
Streets Fund 39 Total 13,337.95 21,794.80
Stormwater Fund 27 Total
Worker's Compensation Total 3,387.60 4,317.37
Strong Neighborhoods Total 3,826.62 5,583.75
CITY OF OWASSO
HEALTHCARE SELF INSURANCE FUND
CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 1211/16
VENDOR
AETNA HEALTHCARE MEDICAL SERVICE
HEALTHCARE MEDICAL SERVICE
HEALTHCARE MEDICAL SERVICE
ADMIN FEES
STOP LOSS FEES
HEALTHCARE DEPT TOTAL
DELTA DENTAL DENTAL MEDICAL SERVICE
DENTAL MEDICAL SERVICE
DENTAL MEDICAL SERVICE
DENTAL DEPT TOTAL
VSP VISION MEDICAL SERVICES
VISION DEPT TOTAL
HEALTHCARE SELF INSURANCE FUND TOTAL
AMOUNT
58,085.83
120,725.33
63,449.65
13,189.96
45,648.40
301,099.17
203.76
4,981.80
6,759.60
11,945.16
2,032.15
2,032.15
315,076.48