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HomeMy WebLinkAbout2017.02.07_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, February 7, 2017 - 6:30 pm 1. Call to Order Mayor Lyndell Dunn 2. Invocation Pastor Alvin Fruga of Presence Theater 3. Flag Salute 4. Roll Call 5. Presentation of the Character Trait of Tolerance Chad Balthrop, Character Council Member 6. Presentation of Proclamation Mayor Dunn ocp \0� The Mayor will present a proclamation declaring a Sister City relationship between Owasso, Oklahoma and Chaumont, France. 7. 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 • January 17, 2017, Regular Meeting B. Approve claims C. Approve the Owasso Festival Park Project, Capital Improvement Agreement between the Board of County Commissioners of Tulsa County and the City of Owasso relating to the Vision Authority Resolution for the disbursement of Excess Sales Tax and authorize the Mayor to execute the agreement 8. Consideration and appropriate action relating to items removed from the Consent Agenda 9. Consideration and appropriate action relating to Ordinance 1095, closing to the public use a partial utility easement (10005 E 90th Ct N) Karl Fritschen Staff recommends approval of Ordinance 1095. 10. Consideration and appropriate action relating to the award of a bid for construction of the Brookfield Crossing Stormwater Improvement Project Roger Stevens Staff recommends award of a bid to Earth Smart Construction in the amount of $628,313.25 and authorization for the Mayor to execute the contract. Owasso City Council February 7, 2017 Page 2 11. Consideration and appropriate action relating to an agreement for engineering services for the West Frontage Road Project (North 135th East Avenue Frontage Road along the west side of US HWY 169, from East 116th Street North to East 106th Street North) and the East Frontage Road Project (reconfiguration of East Frontage Road and its intersection at East 106th Street North) Roger Stevens Staff recommends approval of an Agreement for Engineering Services with Crafton Tull in the amount of $187,500 for the West Frontage Road Project and the East Frontage Road Project and authorization for the Mayor to execute the agreement. 12. Consideration and appropriate action relating to an amendment to the engineering services agreement with Meshek and Associates for the Central Park Channel Improvements Daniel Dearing Staff recommends approval of Amendment No. 1 to the agreement for professional engineering services with Meshek and Associates, PLC for Central Park Channel Improvements in the amount of $26,310. 13. Consideration and appropriate action relation to Ordinance 1096, 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 6, Commercial District Provisions, Section 650, Locations of Sexually- Oriented Businesses, and declaring an emergency Bronce Stephenson Staff recommends approval of Ordinance 1096. Staff further recommends approval of the attachment of an emergency clause making the Ordinance effective immediately. 14. Report from City Manager Monthly Public Works Project Status Report 15. Report from City Attorney 16. Report from City Councilors 17. Official Notices to Council (documents for acknowledgment or information only, no discussion or action will be taken) • Payroll Payment Report - Pay Period Ending Date 1/21/17 • Health Care Self- Insurance Claims - dated as of 2/2/17 18. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 19. Adjournment Notice of Public Meeting filed in the office of the City Clerk and the Agenda sted at City Hall, 200 S Main St, at 6:00 pm on Friday, February 3, 2017. Sherry BishdK, City Clerk There will be a reception at 6:00 pm, before the City Council meeting to welcome high school students and visitors from Chaumont, France. The students will be visiting as part of a Student Exchange program between Owasso and Chaumont, France that began in 2008. OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, January 17, 2017 The Owasso City Council met in regular session on Tuesday, January 17, 2017, 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, January 13, 2017. 1. Call to Order Mayor Lyndell Dunn called the meeting to order at 6:30 pm. 2. Invocation The invocation was offered by Executive Pastor Glenn Krispense of Discovery Bible Fellowship. 3. Flag Salute Vice -Mayor Kelley led the flag salute. 4. Roll Call Present Absent Mayor - Lyndell Dunn None Vice - Mayor - Chris Kelley Councilor -Doug Bonebrake Councilor - Bill Bush Councilor -Jeri Moberly A quorum was declared present. Staff: City Manager- Warren Lehr City Attorney - Julie Lombardi 5. Presentation of Police Awards Scott Chambless presented Police Awards: Medal of Valor - Officer Jarod Mitchell Unit Citation - A -2 Shift LT Darryl Jones SGT Robert Funk Officer Lloyd Hudson Officer Josh Pappalardo Officer Paul Newman Officer James Clutter Officer Nick Munson Officer Andy Eubanks Communications Officer Mary Dean Communications Officer Myretta Ballou 6. Presentation of the Employee of the Quarter Warren Lehr presented Employee of the Quarter, Stephanie Wagner, Fire Department. Owasso City Council January 17, 2017 Page 2 7. 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 • January 3, 2017, Regular Meeting • January 10, 2017, Regular Meeting B. Approve claims C. Accept the donation from Owasso Target in the form of a gift card 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 $500 D. Accept the Public Service Company of Oklahoma Grant and approve a budget amendment in the General Fund, increasing the estimated revenue and increasing the appropriation for expenditures by $2,000 in the Economic Development department Mr. Bonebrake moved, seconded by Dr. Kelley to approve the Consent Agenda with claims totaling $409,320.38. YEA: Bonebrake, Bush, Kelley, Moberly, Dunn NAY: None Motion carried: 5 -0 8. Consideration and appropriate action relating to items removed from the Consent Agenda None 9. Consideration and appropriate action relating to a donation from the Friends of Owasso Police and a budget amendment Scott Chambless presented the item recommending acceptance of the donation 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 $20,400. There were no comments from the audience. After discussion, Mr. Bush moved, seconded by Ms. Moberly to accept the donation and approve the budget amendment, as recommended. YEA: Bonebrake, Bush, Kelley, Moberly, Dunn NAY: None Motion carried: 5 -0 10. Consideration and appropriate action relating to Ordinance 1094, approving rezoning application OZ 16 -11 for property located at 304 N Main Street from RS -3 (Single - Family Residential High Density) to CS (Commercial Shopping) Bronce Stephenson presented the item recommending approval of Ordinance 1094. Three persons addressed the Council. After discussion, Dr. Kelley moved, seconded by Mr. Bush to approve Ordinance 1094, as recommended. YEA: Bonebrake, Bush, Kelley, Moberly, Dunn NAY: None Motion carried: 5 -0 Owasso City Council January 17, 2017 Page 3 11. Consideration and appropriate action relating to the waiving of the platting requirement for 304 N Main Street in accordance with the Owasso Zoning Code Bronce Stephenson presented the item recommending approval of a plat waiver subject to the following conditions: • The area of the property within City right -of -way be deeded to the City of Owasso, and • An 1 V utility easement be recorded along the west boundary of the property. There were no comments from the audience. After discussion Mr. Bonebrake moved, seconded by Mr. Bush to approve the plat waiver, as recommended. YEA: Bonebrake, Bush, Kelley, Moberly, Dunn NAY: None Motion carried: 5 -0 12. Consideration and appropriate action relating to the final plat for Keys Landing II, located on the west side of N 129 E Ave, approximately 1/2 mile south of E 76 St N, south of Keys Landing I Bronce Stephenson presented the item recommending approval of the Final Plat for Keys Landing IL There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Dr. Kelley to approve the Final Plat of Keys Landing ll. YEA: Bonebrake, Bush, Kelley, Moberly, Dunn NAY: None Motion carried: 5 -0 13. Consideration and appropriate action relating to board and committee appointments Mayor Dunn presented the item recommending Council confirmation for the following appointments: CAPITAL IMPROVEMENTS COMMITTEE - Appointment is to fill the remainder of a one -year term to expire June 30, 2017: Brenda Snow, At Large PLANNING COMMISSION - Appointment is to fill the remainder of a three -year term to expire June 30, 2018: David Horton, At Large INCOG BOARD OF DIRECTORS - Appointments are for a two -year term to expire December 31, 2018: Lyndell Dunn, City Council Alternate - Warren Lehr, City Manager INCOG GENERAL ASSEMBLY REPRESENTATIVE - Appointment expires July 31, 2017: Jeri Moberly, City Council There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Bush to approve the board and committee appointments, as recommended. YEA: Bonebrake, Bush, Kelley, Moberly, Dunn NAY: None Motion carried: 5 -0 Owasso City Council January 17, 2017 Page 4 14. Report from City Manager Warren Lehr announced that the OSNI Leadership Conference will be January 28, 2017, 8:30 am, and registration is available at the OSNI Office located at City Hall and on the website. There will be a reception at 6:00 pm, prior to the February 7, 2017 Council Meeting for the foreign exchange students, which are hosted by Owasso residents, from Owasso's Sister City, Chaumont, France. 15. Report from City Attorney None 16. Report from City Councilors Councilors expressed appreciation for Police Officers' Awards presented; donations from Friends of Owasso Police Department, Target, and PSO; and to Public Works staff for the preparation, overtime, and efforts during the recent winter storm. 17. Official Notices to Council (documents for acknowledgment or information only, no discussion or action will be taken) • Payroll Payment Report - Pay Period Ending Date 117117 • Health Care Self- Insurance Claims - dated as of 1/12/17 • Monthly Budget Status Report - December 2016 18. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) None 19. Adjournment Mr. Bush moved, seconded by Mr. Bonebrake to adjourn the meeting. YEA: Bonebrake, Bush, Kelley, Moberly, Dunn NAY: None Motion carried 5 -0 and the meeting adjourned at 7:36 pm. Lyndell Dunn, Mayor Lisa Wilson, Minute Clerk Claims List M/MIWA Budget Unit Title Vendor Name Payable Description PaymentAmount GENERAL TREASURER PETTY CASH OC REFUND /ROBERTS 100.00 TREASURER PETTY CASH CC REFUNDNICENA 100.00 TREASURER PETTY CASH CC REFUNDIRICHARDSON 50.00 TREASURER PETTY CASH CC REFUND /BARNES 50.00 TREASURER PETTY CASH CC REFUND /COLEMAN 100.00 TREASURER PETTY CASH CC REFUND /ORTIZ 100.00 TREASURER PETTY CASH CC REFUND - BROOKS 50.00 TREASURER PETTY CASH LIAB EVID #20161853 384.00 TREASURER PETTY CASH CC REFUND - DICKEY 50.00 TREASURER PETTY CASH CC REFUND -ERLER 100.00 TREASURER PETTY CASH CC REFUNDNOUNGBLOOD 50.00 TREASURER PETTY CASH JCC REFUND /BARNES 50.00 TOTAL GENERAL 1,184.00 MUNICIPAL COURT JJPMOR GAN CHASE BANK 1OFFICE DEPOT - SUPPLIES 4.80 TOTAL MUNICIPAL COURT 4.80 MANAGERIAL TREASURER PETTY CASH TRAVEL REIMB- BISHOP 189.59 JPMORGAN CHASE BANK MEETING EXPENSE 25.78 JPMORGAN CHASE BANK CHAMBER- REGISTRATION 50.00 JPMORGAN CHASE BANK CHAMBER - REGISTRATION 50.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 56.67 JPMORGAN CHASE BANK PIKEPASS- PIKEPASS FEES -4.90 JPMORGAN CHASE BANK LODGING EXPENSE 222.16 JPMORGAN CHASE BANK EMPLOYEE APPRECIATION 45.59 JPMORGAN CHASE BANK COUNCIL RECEPTION 34.56 JPMORGAN CHASE BANK EMPLOYEE RELATIONS 38.15 JPMORGAN CHASE BANK LODGING EXPENSE - STEVENS 479.80 JPMORGAN CHASE BANK CITY MGMT -CMAO CONFERENCE 285.00 JPMORGAN CHASE BANK IOFFICE DEPOT - SUPPLIES 7.42 TOTAL MANAGERIAL 1,479.82 FINANCE JPMORGAN CHASE BANK AMER PAYROLL -2017 SOURCE 275.49 SUNGARD PUBLIC SECTOR INC. - PCARD INTERFACE 5,203.00 TREASURER PETTY CASH MILEAGE REIMBURSEMENT 3.29 TREASURER PETTY CASH GFOAO DUES 25.00 TREASURER PETTY CASH GFOAO DUES 25.00 TOTAL FINANCE 5,531.78 HUMAN RESOURCES JPMORGAN CHASE BANK CHAMBER - REGISTRATION 5700 AMERICANCHECKED, INC ATTN: BILLING PRE -EMP BACKGROUND CHECKS 105.90 G -NEIL DIRECT, INC OFFICE SUPPLIES 56.94 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 8.24 Page 1 Claims List 2/7/2017 Budget Unit Title Vendor Name Payable Description jPayment Amount TOTAL HUMAN RESOURCES 221.08 GENERAL GOVERNMENT JPMORGAN CHASE BANK AMERICAN WASTE - REFUSE 81.32 AEP IPSO ELECTRIC USE 2,416.82 MCAFEE & TAFT LEGAL - PERSONNEL 33,602.88 AT &T CONSOLIDATED PHONE BILL 634.54 D & R REPORTING & VIDEO ARBITRATION TRANSCRIPT 5,728.88 DRAKE SYSTEMS INC COPYSUPPLIES 436.11 DRAKE SYSTEMS INC COPY SUPPLIES 98.03 DAVID L. WEATHERFORD GENERAL MATTERS 576.00 CINTAS CORPORATION CARPET CLEANING 63.80 RICOH USA, INC. COPIER USE AND SUPPLIES 516.79 JPMORGAN CHASE BANK ADMIRAL EXP- SUPPLIES 119.96 JPMORGAN CHASE BANK IOFFICE DEPOT - SUPPLIES 59.98 TOTAL GENERAL GOVERNMENT 44,335.11', COMMUNITY DEVELOPMENT JPMORGAN CHASE BANK INTERSTATE - BATTERIES 12.10 OWASSO CHAMBER OF COMMERCE ANNUAL CHAMBER LUNCHEON 50.00 VERIZON WIRELESS WIRELESS CONNECTION 155.70 TREASURER PETTY CASH TRAVEL EXPENSE 132.75 JPMORGAN CHASE BANK LODGING EXPENSE 215.66 TREASURER PETTY CASH FILING FEES 13.00 JPMORGAN CHASE BANK APA- MEMBERSHIP 435.00 TOTAL COMMUNITY DEVELOPMENT 1,014.21 TIF CENTER FOR ECONOMIC DEVELOPMENT LEGAL CONSULTING SERVICES 15,709.80 TOTAL TIF 15,709.80. ENGINEERING OZARK LASER SYSTEMS SURVEY EQUIPMENT 16,055.00 VERIZON WIRELESS WIRELESS CONNECTION 29.65 LEMKE LAND SURVEYING SURVEY SERVICES 2,200.00 UNITED STATES CELLULAR CORPORATION PW CELL PHONES 40.35 JAMAR TECHNOLOGIES, INC TRAFFIC COUNTERS 2,985.00 UNIFIRST HOLDINGS LP UNIFORM CLEANING 17.71 UNIFIRST HOLDINGS LP UNIFORM CLEANING 17.71 UNIFIRST HOLDINGS LP UNIFORM CLEANING 17.71 JPMORGAN CHASE BANK GRAPHIC RESOURCE- SUPPLIES 1,166.00 JPMORGAN CHASE BANK MAXWELL- MARKING PAINT 111.96 TOTAL ENGINEERING 22,641.09'. INFORMATION TECHNOLOGY JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 21.08 JPMORGAN CHASE BANK CHICKASAW- ROUTER MODS /LIC 16,324.28 Page 2 Claims List 2/7/2017 Budget Unit Title Vendor Name Payable Description Payment Amount INFORMATION TECHNOLOGY VERIZON WIRELESS WIRELESS CONNECTION 149.68 AT &T CONSOLIDATED PHONE BILL 21.36 SUNGARD PUBLIC SECTOR INC. COGNOS UPGRADE 19,500.00 TOTAL INFORMATION TECHNOLOGY 36,016.40 SUPPORT SERVICES OKLAHOMA DEPARTMENT OF LABOR ELEVATOR INSPECTION 100.00 AT &T CONSOLIDATED PHONE BILL 42.73 VERIZON WIRELESS WIRELESS CONNECTION 29.65 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 13.27 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 13.27 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 13.27 TWIN CITIES READY MIX, INC CONCRETE 145.50 JPMORGAN CHASE BANK LOWES- THERMOMETER 7.98 JPMORGAN CHASE BANK CRIMSON STEEL -REBAR 63.00 JPMORGAN CHASE BANK ACCURATE FIRE- EXTINGUISHE 157.70 JPMORGAN CHASE BANK DALE & LEES - VALVE /SWITCH 1,197.14 JPMORGAN CHASE BANK LOCKE SUPPLY-SUPPLIES 27.24 JPMORGAN CHASE BANK LOWES- COMPOUND 7.57 JPMORGAN CHASE BANK LOWES- EXHAUST FANS 29.94 JPMORGAN CHASE BANK LOWES- SUPPLIES 19.98 JPMORGAN CHASE BANK FASTENAL -LIGHT POLE PART 21.92 JPMORGAN CHASE BANK LOWES- CEILING PANEL 11.48 JPMORGAN CHASE BANK AMAX - DIRECTORY INSERT 75.00 JPMORGAN CHASE BANK BROWNCO- SONOTUBE 75.00 JPMORGAN CHASE BANK COX -OC INTERNET SERVICE 69.95 TOTAL SUPPORT SERVICES 2,121.59 CEMETERY JPMORGAN CHASE BANK LOWES -DIRT TARP SYSTEM 206.64 JPMORGAN CHASE BANK ATWOOD - SUPPLIES 58.97 AEP /PSO ELECTRIC USE 20.17 JPMORGAN CHASE BANK LOWES -REBAR 92.04 JPMORGAN CHASE BANK BROWN FARMS -GRAVE SOD 17.50 JPMORGAN CHASE BANK BROWN FARMS-SOD 285.00 JPMORGAN CHASE BANK BROWN FARMS -SOD 143.00 UNIFIRST HOLDINGS LP UNIFORM CLEANING 7.41 UNIFIRST HOLDINGS LP UNIFORM CLEANING 7.41 UNIFIRST HOLDINGS LP UNIFORM CLEANING _ 7.41 TWIN CITIES READY MIX, INC CONCRETE 333.13 SPOK, INC. IPAGER USE 8.87 TOTAL CEMETERY 1,187.55 POLICE - DOJ VEST GRANT ISPECIALOPS UNIFORMS, INC VEST 348.25 Page 3 Claims List 2/7/2017 Budget Unit Title I Vendor Name Payable Description Payment Amount TOTAL POLICE - DOJ VEST GRANT 348.25' POLICE COMMUNICATIONS LANGUAGE LINE SERVICES TRANSLATION SERVICES 48.80 DEPARTMENT OF PUBLIC SAFETY OLETS FEE 450.00 LANGUAGE LINE SERVICES TRANSLATION SERVICES 17.97 TULSA EMERGENCY MEDICAL CENTER VACCINATIONS 13.00 JPMORGAN CHASE BANK WALMART - PRISONER BOARD 66.54 JPMORGAN CHASE BANK CHICKASAW- GATEWAY INSTAL 2,296.47 JPMORGAN CHASE BANK QUEENSBORO-UNI FORMS 342.10 JPMORGAN CHASE BANK CRISIS COMM- TRAINING /MOOR 100.00 AT &T CONSOLIDATED PHONE BILL 261.63 AEP /PSO ELECTRIC USE 253.46 JPMORGAN CHASE BANK 1OFFICE DEPOT- SUPPLIES 107.99 TOTAL POLICE COMMUNICATIONS 3,957.96', ANIMAL CONTROL JPMORGAN CHASE BANK DOLLAR GENERAL - SUPPLIES 17.97 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES 98.41 AEP IPSO ELECTRIC USE 422.04 JPMORGAN CHASE BANK USPS -MAIL COST 9.40 JPMORGAN CHASE BANK VORTECH-SUPP LIES 138.95 AT &T CONSOLIDATED PHONE BILL 26.08 JPMORGAN CHASE BANK ADVANCE AUTO -PARTS 10.48 JPMORGAN CHASE BANK LAMPLINE- VEHICLE PARTS 23.70 JPMORGAN CHASE BANK LOWES- SUPPLIES 29.98 VERIZON WIRELESS WIRELESS CONNECTION 80.02 JPMORGAN CHASE BANK WALMART- SUPPLIES 253.99 JPMORGAN CHASE BANK SMARTTAGSUPPLIES 212.95 JPMORGAN CHASE BANK WALMART -PARTS 12.19 JPMORGAN CHASE BANK OREILLY -AC VEHICLE PART 18.98 JPMORGAN CHASE BANK SERENITY - CREMATION SVCS 405.00 JPMORGAN CHASE BANK LOWES- LIQUID PLUMBER 3.98 JPMORGAN CHASE BANK IVITALITY MED- SUPPLIES 27.93 TOTAL ANIMAL CONTROL 1,792.05 EMERGENCY PREPAREDNES VERIZON WIRELESS WIRELESS CONNECTION 29.65 AT &T CONSOLIDATED PHONE BILL 14.77 AEP IPSO ELECTRIC USE 94.19 TOTAL EMERGENCY PREPAREDNESS 138.61 STORMWATER SPOK, INC. PAGER USE 44.35 JPMORGAN CHASE BANK GRAINGER -KEY CABINET 198.95 JPMORGAN CHASE BANK J &R EQUIPMENT -PARTS 1,051.43 JPMORGAN CHASE BANK LOWES -LEAF VACUUM PART 33.79 Page 4 Claims List 2/7/2017 Budget Unit Title Vendor Name Payable Description Payment Amount STORMWATER... JPMORGAN CHASE BANK AMER PUBLIC WORKS -BOOK 25.77 VERIZON WIRELESS WIRELESS CONNECTION 69.66 JPMORGAN CHASE BANK OREILLY -BAR OIUSUPPLIES 120.22 TREASURER PETTY CASH PARKING FEE 11.00 JPMORGAN CHASE BANK P & K EQUIP -MIX OIL 86.48 JPMORGAN CHASE BANK CORNERSTONE -PARTS 48.98 UNIFIRST HOLDINGS LP UNIFORM CLEANING 35.10 JPMORGAN CHASE BANK ADVANCE ONLINE - VIDEOS 803.04 JPMORGAN CHASE BANK CORNERSTONE -SAW PARTS 208.28 UNIFIRST HOLDINGS LP UNIFORM CLEANING 35.10 JPMORGAN CHASE BANK LOWES- RETURN -4.42 UNIFIRST HOLDINGS LP JUNIFORM CLEANING 35.10 TOTAL STORMWATER 2,802,831, PARKS JPMORGAN CHASE BANK CORNERSTONE- SUPPLIES 20.99 VERIZON WIRELESS WIRELESS CONNECTION 29.65 AT &T CONSOLIDATED PHONE BILL 33.93 TREASURER PETTY CASH VEHICLE TAG 42.50 TREASURER PETTY CASH VEHICLE TAG 42.50 AEP IPSO ELECTRIC USE 1,329.78 TOTAL PARKS 1,499.35 CULTURE AND RECREATION TREASURER PETTY CASH NOTARY FEE 25.00 TOTAL CULTURE AND RECREATION 25.00 COMMUNITY CENTER AT &T CONSOLIDATED PHONE BILL 40.84 JPMORGAN CHASE BANK MYSRCENTER -CHECK IN SYSTE 125.00 GRAND GATEWAY ECO. DEV. ASSC. DECEMBER SENIOR FARES 239.00 HALF MOON PLUMBING, INC REPAIR SERVICES 845.00 DRAKE SYSTEMS INC COPIER LEASE 272.16 AEP /PSO ELECTRIC USE 692.37 JPMORGAN CHASE BANK AMAZON - BATTERY BKUP 59.99 TOTAL COMMUNITY CENTER 2,274.36 COMMUNITY CTR DONATION; JPMORGAN CHASE BANK ILUNCHEON FOR SENIORS 63.92 TOTAL COMMUNITY CTR DONATIONS 63.92 HISTORICAL MUSEUM AEP /PSO ELECTRIC USE 81.63 AT &T CONSOLIDATED PHONE BILL 14.77 TOTAL HISTORICAL MUSEUM 96.40 ECONOMIC DEV VERIZON WIRELESS WIRELESS CONNECTION 29.65 Page 5 Claims List 2/7/2017 Budget Unit Title Vendor Name Payable Description Payment Amount ECONOMIC DEV... JPMORGAN CHASE BANK ICSC- MEMBERSHIP 100.00 JPMORGAN CHASE BANK OK NEWS- SUBSCRIPTION 78.08 JPMORGAN CHASE BANK OK NEWS- SUBSCRIPTION 10.50 JPMORGAN CHASE BANK OK NEWS - SUBSCRIPTION 16.10 TOTAL ECONOMIC DEV 234.33 ECONOMIC DEVELOP GRAM JESSIKA LEATHERBURY ECON DEV WEB DESIGN 600.00 TOTAL ECONOMIC DEVELOP GRANTS 600.00 145,280.2 FUND GRAND TOTAL AMBULANCE SERVICE HUMANA CLAIMS OFFICE AMBULANCE REFUND 41.60 TREASURER PETTY CASH AMB REFUND -HUNT 150.00 NOVITAS SOLUTIONS AMBULANCE REFUND 374.31 AMERICAN MUNICIPAL SERVICES CORP. COLLECTION SERVICES 35.30 TOTAL AMBULANCE SERVICE 601.21 AMBULANCE JPMORGAN CHASE BANK FULLERTON -HYDRO TEST 78.00 JPMORGAN CHASE BANK AMAZON -DRU CHEST HARNESS 115.90 JPMORGAN CHASE BANK LAERDAL MED- TRAINING 347.64 JPMORGAN CHASE BANK ZOLL- SUPPLIES 1,761.75 JPMORGAN CHASE BANK ZOLL -MAINT WARRANTY 2,800.00 JPMORGAN CHASE BANK GREEN CO MED -WASTE DISPOS 260.00 JPMORGAN CHASE BANK GREEN CO MED -WASTE DISPOS 260.00 JPMORGAN CHASE BANK FULLERTON- OXYGEN 43.50 JPMORGAN CHASE BANK MINIMUS- SUPPLIES 38.98 JPMORGAN CHASE BANK BOUND TREE - SUPPLIES 282.00 JPMORGAN CHASE BANK GREEN CO MED -WASTE DISPOS 325.00 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 1,301.70 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 52.38 JPMORGAN CHASE BANK EXCELLANCE -PARTS 470.56 JPMORGAN CHASE BANK BUFF- RESCUE DRU SUPPLIES 61.60 JPMORGAN CHASE BANK AUSTINKAYAK -DRU COMPASS 79.98 JPMORGAN CHASE BANK S ANESTHESIA - SUPPLIES 645.70 JPMORGAN CHASE BANK S ANESTHESIA - SUPPLIES 89.07 JPMORGAN CHASE BANK SO ANESTHESIA - SUPPLIES 581.75 JPMORGAN CHASE BANK FULLERTON- OXYGEN 79.50 JPMORGAN CHASE BANK ZOLL- SUPPLIES 118.08 JPMORGAN CHASE BANK GCR TIRE -PARTS 220.00 VERIZON WIRELESS WIRELESS CONNECTION 238.65 JPMORGAN CHASE BANK REI -DRU DUFFLEBAG 350.00 JPMORGAN CHASE BANK REI -DRU HEADLAMPS 119.90 JPMORGAN CHASE BANK BOUND TREE - SUPPLIES 44.45 Page 6 Claims List 2/7/2017 Budget Unit Title Vendor Name Payable Description PaymentAmount AMBULANCE... JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 323.96 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 520.80 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 44.45 MEDICLAIMS INC BILLING SERVICES 12,474.88 TOTAL AMBULANCE 24,130.18 24,731.3 FUND GRAND TOTAL E911 COMMUNICATIONS MOTOROLA SOLUTIONS, INC IR SITE MAINT 2,082.91 AT &T E911 MAPPING SVCS - JAN - 355.35 AT &T FEES T -1 CIRCUITS 5,630.04 COX COMMUNICATIONS T -1 CIRCUITS RADIO TOWER 233.95 INCOG -E911 E911 ADMIN SVC FEES 8,138.71 JPMORGAN CHASE BANK TOTAL RADIO -MAINT CONTRCT 410.00 TOTAL E911 COMMUNICATIONS 16,850.96 16,850.9 FUND GRAND TOTAL HOTEL TAX - ECON DEV AEP /PSO ELECTRIC USE 20.17 JPMORGAN CHASE BANK CHAMBER -HOME & GARD SHOW 1,250.00 JPMORGAN CHASE BANK URBAN TROLLEY - TROLLEY SVC 3,750.00 FELKINS ENTERPRISES, LLC HOLLY TROLLEY SIGNAGE 125.00 TOTAL HOTEL TAX - ECON DEV 5,1457 STRONG NEIGHBORHOODS JPMORGAN CHASE BANK PIKEPASS- PIKEPASS FEES 7.80 JPMORGAN CHASE BANK MEETING SUPPLIES 216.51 JPMORGAN CHASE BANK OFFICE DEPOT - MEETING EXP 59.15 JPMORGAN CHASE BANK MEETING EXPENSE 32.18 TOTAL STRONG NEIGHBORHOODS 315.64 5,460.81 FUND GRAND TOTAL STORMWATER - STORMWATE JACQUELYN BROOKE KONONCHUK CONSULTING SERVICES 3,655.00 JPMORGAN CHASE BANK OFFICE DEPOT - BATTERY 54.99 SHI INTERNATIONAL CORP SERVER LICENSES 200.00 LEMKE LAND SURVEYING SURVEY 6,425.00 VERIZON WIRELESS WIRELESS CONNECTION 40.01 JPMORGAN CHASE BANK ACADEMY - THERMOMETER 8.98 AEP /PSO ELECTRIC USE 455.96 TOTAL STORMWATER- STORMWATER 10,839.94 LAKERIDGE /CNTRL DRAIN IM MESHEK &ASSOCIATES, P.L.C. ENGINEERING SERVICES 1,230.40 Page 7 Claims List 2/7/2017 Budget Unit Title I Vendor Name Payable Description IPayment Amount TOTAL LAKERIDGE /CNTRL DRAIN IMP 1,230.40 3 LAKES CHNL/ATOR HEIGHT MAGNUM CONSTRUCTION INC ITHREE LAKES CHANNEL /ATOR 55,199.06 TOTAL 3 LAKES CHNL /ATOR HEIGHTS 55,199.06 67,269.4 FUND GRAND TOTAL GARNETT RD T0129TH E AVE BENCHMARK SURVEYING & LAND SERVICES SURVEYING SERVICES 13,100.00 BENCHMARK SURVEYING & LAND SERVICES ISURVEYING SERVICES 6,900.00 TOTAL GARNETT RD T01 29TH E AVE 20,000.00 MINGO RD TO GARNETT RD BENCHMARK SURVEYING & LAND SERVICES SURVEYING SERVICES 7,766.00 BENCHMARK SURVEYING & LAND SERVICES ISURVEYING SERVICES 13,100.00 TOTAL MINGO RD TO GARNETT RD 20,866.00 40,866.0 FUND GRAND TOTAL DOG PARK J.E DIRT WURX LLC DIRT WORK FOR DOG PARK 108,428.07 TOTAL DOG PARK 108,428.07 108,428.0 FUND GRAND TOTAL SALES TAX FUND -FIRE JPMORGAN CHASE BANK ACADEMY SPORTS - UNIFORM 89.99 TWIN CITIES READY MIX, INC CONCRETE 1,740.00 AT &T CONSOLIDATED PHONE BILL 201.24 VERIZON WIRELESS WIRELESS CONNECTION 788.41 BAILEY EVENT CENTER, INC. TRAVEL AND TRAINING 1,080.00 BAILEY EVENT CENTER, INC. TRAVEL AND TRAINING 300.00 JOHNNY SMITH TUITION REIMBURSEMENT 471.00 CASCO INDUSTRIES INC UNIFORM /PPE 3,643.00 JPMORGAN CHASE BANK TRAVEL EXPENSE 7.20 JPMORGAN CHASE BANK TRAVEL EXPENSE 121.51 JPMORGAN CHASE BANK OREILLY -PARTS 21.58 JPMORGAN CHASE BANK CORNERSTONE - SUPPLIES 13.40 CASCO INDUSTRIES INC UNIFORM /PPE 312.00 JPMORGAN CHASE BANK ASSOC PARTS- SUPPLIES 69.95 JPMORGAN CHASE BANK LOCKE- SUPPLIES 14.07 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 74.65 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 74.99 JPMORGAN CHASE BANK AMAZON - BATTERY BKUP 59.99 JPMORGAN CHASE BANK M REFRIGERATION- REPAIR 292.00 JPMORGAN CHASE BANK JDALE & LEES -HVAC REPAIR 176.00 Page 8 Claims List 2/7/2017 Budget Unit Title Vendor Name Payable Description PaymentAmount SALES TAX FUND - FIRE... JPMORGAN CHASE BANK TATE BOYS - SUPPLIES 203.45 JPMORGAN CHASE BANK SAV ON- BUSINESS CARDS 120.00 JPMORGAN CHASE BANK TRAVELEXPENSE 37.78 JPMORGAN CHASE BANK AMERICAN - BAGGAGE FEE 25.00 JPMORGAN CHASE BANK AMERICAN - BAGGAGE FEE 25.00 JPMORGAN CHASE BANK OREILLY- PARTS /SUPPLIES 4.29 AEP /PSO ELECTRIC USE 2,472.82 JPMORGAN CHASE BANK OSU- TRAINING 457.90 JPMORGAN CHASE BANK FOOTACTION- UNIFORM 150.00 JPMORGAN CHASE BANK TRAVELEXPENSE 7.20 JPMORGAN CHASE BANK OSU- TRAINING 12.59 JPMORGAN CHASE BANK LOWES- SUPPLIES 37.61 JPMORGAN CHASE BANK LOWES -PARTS 4.99 JPMORGAN CHASE BANK MAIL THIS - SUPPLIES 5.83 JPMORGAN CHASE BANK TRAVELEXPENSE 9.30 JPMORGAN CHASE BANK TRAVELEXPENSE 138.22 JPMORGAN CHASE BANK LOWES- SUPPLIES 8.94 JPMORGAN CHASE BANK TRAVELEXPENSE 31.57 JPMORGAN CHASE BANK TRAVELEXPENSE 30.07 JPMORGAN CHASE BANK LOWES- DISHWASHER 349.00 JPMORGAN CHASE BANK AMERICAN - BAGGAGE FEE 25.00 JPMORGAN CHASE BANK AMERICAN - BAGGAGE FEES 25.00 JPMORGAN CHASE BANK LOWES - SUPPLIES 31.96 JPMORGAN CHASE BANK TRAVELEXPENSE 15.95 JPMORGAN CHASE BANK TIRECHAIN.COM -SNOW CHAINS 122.25 JPMORGAN CHASE BANK TRAVEL EXPENSE CREDIT -31.57 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 55.40 JPMORGAN CHASE BANK AUTOZONE- SUPPLIES 27.99 JPMORGAN CHASE BANK TRAINING EXPENSE 65.90 JPMORGAN CHASE BANK EMTEC -PEST CONTROL 85.00 JPMORGAN CHASE BANK SUNNSKI- UNIFORM /PPE 157.51 JPMORGAN CHASE BANK LOWES- PLUMBING PART 13.98 JPMORGAN CHASE BANK LOWES- SUPPLIES 94.98 JPMORGAN CHASE BANK BSHIFTER -DUES 125.00 JPMORGAN CHASE BANK DRY CLEANING ST- CLEANING 98.48 JPMORGAN CHASE BANK OK POLICE SPLY - UNIFORM 717.95 JPMORGAN CHASE BANK AMAZON -BOOTS 75.89 JPMORGAN CHASE BANK PIKEPASS - PIKEPASS FEES 22.50 JPMORGAN CHASE BANK OVERHEAD DOOR - REPAIR /MAIN 244.00 JPMORGAN CHASE BANK EMTEC -PEST CONTROL 85.00 JPMORGAN CHASE BANK GLOBAL IND- LOCKERS FS #1 469.06 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 49.03 JPMORGAN CHASE BANK OK POLICE SPLY -UNIF ITEM 11.00 JPMORGAN CHASE BANK IMAGENET- COPIER MAINT 440.17 Page 9 Claims List 2/7/2017 Budget Unit Title Vendor Name Payable Description Payment Amount SALES TAX FUND - FIRE... CHASE BANK LODGING EXPENSE 291.00 LJPMORGAN AN CHASE BANK EMPLOYEE RECOGNITION 315.00 AN CHASE BANK TRAVEL EXPENSE 11.52 TOTAL SALES TAX FUND -FIRE 17,327.49 FIRE STATION #4 WILLIAMS, SPURGEON, KUHL & 1PROFESSIONAL SERVICES 1 70,846.74 TOTAL FIRE STATION #4 70,846.741 PARKING LOT FS #1 JPMORGAN CHASE BANK BROWNCO - FORMING SUPPLIES 92.28 JPMORGAN CHASE BANK QUIK SERV STEEL -REBAR 1,290.24 JPMORGAN CHASE BANK LOWES- FORMING SUPPLIES 69.62 JPMORGAN CHASE BANK TWIN CITIES - CONCRETE 2,220.50 JPMORGAN CHASE BANK TWIN CITIES- CONCRETE 2,822.26 JPMORGAN CHASE BANK QUIK SERVICES -REBAR 1,290.24 JPMORGAN CHASE BANK BROWNCO -SLAB BOLSTERS 188.00 JPMORGAN CHASE BANK BROWNCO- CONCRETE BLANKET 220.00 JPMORGAN CHASE BANK ITWIN CITIES - CONCRETE 4,258.00 TOTAL PARKING LOT FS #1 12,451.14 100,625.3 FUND GRAND TOTAL SALES TAX FUND- POLICE AEP IPSO ELECTRIC USE 2,861.97 JPMORGAN CHASE BANK AMAZON -TONER 131.38 TREASURER PETTY CASH POSTAGE 24.00 JPMORGAN CHASE BANK MILITARYVET- AWARDS 80.25 JPMORGAN CHASE BANK LEADSONLINE - INVEST SYSTEM 4,728.00 JPMORGAN CHASE BANK OSU HUMAN ID LAB - TRAINING 100.00 JPMORGAN CHASE BANK SW AIRLINE - TRAVEL EXPENSE 219.88 JPMORGAN CHASE BANK ARROWHEAD -DET SUPPLIES 220.84 JPMORGAN CHASE BANK EBAY -EBAY FEES 150.00 JPMORGAN CHASE BANK LISPS- MAILING COST 30.00 JPMORGAN CHASE BANK CITY OF OWASSO- UTILITY 30.96 JPMORGAN CHASE BANK SAMSCLUB- SUPPLIES 38.92 JPMORGAN CHASE BANK AT YOUR SERVICE - RENTAL 80.00 JPMORGAN CHASE BANK TMDE- CALIBRATION SVCS 406.38 JPMORGAN CHASE BANK TRAVEL EXPENSE 36.00 JPMORGAN CHASE BANK ARROWHEAD -DET SUPPLIES 783.46 JPMORGAN CHASE BANK INTERSTATE - SUPPLIES 58.70 JPMORGAN CHASE BANK GLENDALE- UNIFORM ITEM 58.00 JPMORGAN CHASE BANK FAMILYANIMAL -K9 MEDICAL 185.50 SHI INTERNATIONAL CORP SERVER LICENSES 200.00 JPMORGAN CHASE BANK THOMSON WEST -CLEAR ACCESS 289.81 JPMORGAN CHASE BANK THOMSON WEST -CLEAR ACCESS 289.81 Page 10 Claims List Budget Unit Title Vendor Name Payable Description PaymentAmount SALES TAX FUND - POLICE... SPOK, INC. PAGER USE 35.48 AT &T CONSOLIDATED PHONE BILL 595.95 VERIZON WIRELESS WIRELESS CONNECTION 847.71 JPMORGAN CHASE BANK IACP- ANNUAL DUES/WOODRUFF 150.00 JPMORGAN CHASE BANK IACP- ANNUAL DUES /CHAMBLES 150.00 JPMORGAN CHASE BANK AMAZON - DETECTIVE SUPPLIES 39.25 JPMORGAN CHASE BANK PUBLIC SAFETY -UNIF ITEM 36.96 JPMORGAN CHASE BANK OWASSO LAUNDRY -K9 SUPPLIE 12.50 TREASURER PETTY CASH MILEAGE REIMB -ALLEN 177.62 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 74.99 COLOSSUS, INC. MOBILE COP MAINTENANCE 416.10 COLOSSUS, INC. MOBILE COP MAINTENANCE 1,125.68 SPECIAL OPS UNIFORMS, INC UNIFORMS 159.97 SPECIAL OPS UNIFORMS, INC UNIFORMS 299.95 SPECIAL OPS UNIFORMS, INC UNIFORMS 914.93 SPECIAL OPS UNIFORMS, INC UNIFORMS 199.99 SPECIAL OPS UNIFORMS, INC UNIFORMS 679.95 SPECIAL OPS UNIFORMS, INC UNIFORMS 266.38 TOMMY E WORCESTER THE TINT SHOP WINDOW TINTING 150.00 DRAKE SYSTEMS INC COPIER LEASE 443.89 DRAKE SYSTEMS INC COPIER LEASE 456.78 FIREFIGHTER SELECTION, INC NEW HIRE TESTING 416.25 ACCURACY, INC DBA ULTRAMAX AMMUNITI FIREARMS SUPPLIES 765.00 SPECIAL OPS UNIFORMS, INC VEST 348.25 JPMORGAN CHASE BANK DAVIS & STANTON- AWARDS 130.00 JPMORGAN CHASE BANK SAMSCLUB- SUPPLIES 46.68 JPMORGAN CHASE BANK WALMART - SUPPLIES 38.32 JPMORGAN CHASE BANK SOUTHERN AG -K9 SUPPLIES 127.98 JPMORGAN CHASE BANK SOUTHERN AG -K9 SUPPLIES 149.97 JPMORGAN CHASE BANK SOUTHERN AG -K9 SUPPLIES 142.98 JPMORGAN CHASE BANK WALMART -PARTS 55.84 JPMORGAN CHASE BANK SMALLANIMAL -K9 MEDICAL 71.36 TOTAL SALES TAX FUND - POLICE 20,530.57 FUND GRAND TOTAL 20,530.5 SALES TAX FUND - STREETS JPMORGAN CHASE BANK ADVANCE ONLINE - VIDEOS 390.00 JPMORGAN CHASE BANK LOCKE- CONDUIT 16.97 UNIFIRST HOLDINGS LP UNIFORM CLEANING 53.11 JPMORGAN CHASE BANK OREILLY- FILTERS /FLUID 60.99 UNIFIRST HOLDINGS LP UNIFORM CLEANING 49.91 JPMORGAN CHASE BANK STD SPLY -AIR FILTER 10.20 JPMORGAN CHASE BANK STD SPLY -MOTOR COIL 38.51 TREASURER PETTY CASH CDL LICENSE - ALLISON 80.50 Page 11 Claims List Budget Unit Title Vendor Name Payable Description PaymentAmount SALES TAX FUND - STREETS... JPMORGAN CHASE BANK OREILLY -EMERG SUPPLIES 92.66 VERIZON WIRELESS WIRELESS CONNECTION 80.02 JPMORGAN CHASE BANK QUINTON -4 HEATER INSTALL 8,750.00 TULSA COUNTY HIGHWAY CONSTRUCTION SIGNS 325.20 TULSA COUNTY HIGHWAY CONSTRUCTION SIGNS 4,073.50 TULSA ASPHALT, LLC ASPHALT 45.05 HOLLIDAY SAND & GRAVEL CO SAND 344.63 APAC- OKLAHOMA, INC. ASPHALT 41.34 JPMORGAN CHASE BANK LOWES- CONDUIT 45.17 TWIN CITIES READY MIX, INC CONCRETE 1,025.00 TWIN CITIES READY MIX, INC CONCRETE 679.00 UNIFIRST HOLDINGS LP UNIFORM CLEANING 59.51 JPMORGAN CHASE BANK LOWES -WIRE 38.58 JPMORGAN CHASE BANK AMER CONCRETE -BOOK 62.00 JPMORGAN CHASE BANK LOWES- CONDUIT GLUEIPRIMER 11.48 JPMORGAN CHASE BANK LOWES -COMBO LOCKS 41.94 JPMORGAN CHASE BANK LOWES -TAPE MEASURE 19.98 JPMORGAN CHASE BANK NAPA - TRAINING INFORMATION 9.00 JPMORGAN CHASE BANK AMERIFLEX- REPAIR HOSES 160.65 JPMORGAN CHASE BANK LOWES- FENCING T -POSTS 118.50 JPMORGAN CHASE BANK LOWES- THERMOMETER 32.55 JPMORGAN CHASE BANK ATWOOD- SHRINK TUBING 26.54 JPMORGAN CHASE BANK INTERSTATE - BATTERIES 111.70 JPMORGAN CHASE BANK LOWES- THERMOMETER 37.96 JPMORGAN CHASE BANK FASTENAL -STOBE LIGHT PART 19.36 JPMORGAN CHASE BANK FASTENAL- SPREADER PART 150.29 JPMORGAN CHASE BANK EQUIP ONE - RENTAL 31.00 JPMORGAN CHASE BANK INTERSTATE - BATTERY 52.95 AEPIPSO ELECTRIC USE 1,622.52 SPOK, INC. IPAGER USE I 115.81 TOTAL SALES TAX FUND-STREETS 18,924.08 STREET REHAB FY16 KEYSTONE SERVICES, INC FY 15 -16 STREET REHAB 22,083.61 ILOWRY CONSTRUCTION SERVICES FY 15 -16 STREET REHAB 16,077.69 TOTAL STREET REHAB FY16 _ 38,161.30 57,085.3 FUND GRAND TOTAL FIRE STATION #4 WILLIAM$, SPURGEON, KUHL & PROFESSIONAL SERVICES 38,111.13 TOTAL FIRE STATION #4 38,111.13 STREET REHAB FY16 ILOWRY CONSTRUCTION SERVICES IFY 15 -16 STREET REHAB 39,954.39 Page 12 Claims List 2/7/2017 Budget Unit Title Vendor Name Payable Description IPayment Amount TOTAL STREET REHAB FYI 39,954.39 BROOKFIELD CROSSING IJERRY L PRIDDY EASEMENT ACQUISITION 20,000.00 TOTAL BROOKFIELD CROSSING 20,000.00 MORROW /GARRETT LIFT STF WATCO COMPANIES, INC. SOUTH KANSAS APPLICATION /PERMIT FEES 2,500.00 TOTAL MORROWIGARRETT LIFT STAT 2,500.00 100,565.5 FUND GRAND TOTAL CITY GARAGE UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 34.01 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 34.01 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 34.01 SHI INTERNATIONAL CORP SERVER LICENSES 200.00 JPMORGAN CHASE BANK UNITED FORD -CORE RETURN - 600.00 AT &T CONSOLIDATED PHONE BILL 26.08 JPMORGAN CHASE BANK WELDON -SHOP SUPPLIES 124.26 JPMORGAN CHASE BANK XTREME DIESEL - REPAIR PART 230.86 JPMORGAN CHASE BANK UNITED FORD -PARTS 242.94 JPMORGAN CHASE BANK LENOX- TOWING 235.00 JPMORGAN CHASE BANK LENOX- TOWING 154.50 JPMORGAN CHASE BANK MATTHEWS FORD -PLUG SYSTEM 722.29 JPMORGAN CHASE BANK SAV ON -DECAL PRINTING 330.00 JPMORGAN CHASE BANK BUMP28UMP -SHOP SUPPLIES 35.70 JPMORGAN CHASE BANK SPEEDTECH -LIGHT BAR 744.96 JPMORGAN CHASE BANK B & M WAREHOUSE -PARTS 646.80 JPMORGAN CHASE BANK B & M WAREHOUSE -PARTS 110.99 JPMORGAN CHASE BANK TATE BOYS - ALIGNMENT 79.95 JPMORGAN CHASE BANK CLASSIC CHEV -PARTS 4.90 JPMORGAN CHASE BANK GOODYEAR -PD TIRES 747.32 JPMORGAN CHASE BANK OREILLY- SUPPLIES 127.43 JPMORGAN CHASE BANK OREILLY -PARTS RESALE 831.66 JPMORGAN CHASE BANK GOODYEAR -TRASH TRK TIRES 1,305.30 JPMORGAN CHASE BANK UNITED FORD -PARTS RESALE 63.95 JPMORGAN CHASE BANK LENOX- TOWING 75.00 JPMORGAN CHASE BANK CLASSIC CHEV -TIRE 130.59 JPMORGAN CHASE BANK SUMMIT TRCK- CHARGING SYS 2,051.44 JPMORGAN CHASE BANK GOODYEAR -REAR TIRE 88FORD 274.95 JPMORGAN CHASE BANK GOODYEAR -TIRES 88 FORD 818.22 JPMORGAN CHASE BANK HESSELBEIN -AUDI TIRES 168.74 JPMORGAN CHASE BANK BUMP28UMP -PARTS RESALE 636.99 JPMORGAN CHASE BANK BUMP2BUMP -PARTS RESALE 419.00 AT &T MOBILITY IWIRELESS SERVICE 57.80 Page 13 Claims List RJUJITITIVA Budget Unit Title Vendor Name Payable Description PaymentAmount CITY GARAGE... AEP IPSO ELECTRIC USE 781.46 JPMORGAN CHASE BANK BUMP28UMP- RETURN -44.29 JPMORGAN CHASE BANK BUMP28UMP- RETURN - 227.00 JPMORGAN CHASE BANK BUMP2BUMP -PARTS RESALE 156.00 JPMORGAN CHASE BANK BUMP28UMP -PARTS RESALE 32.16 JPMORGAN CHASE BANK BUMP28UMP -PARTS RESALE 19.50 JPMORGAN CHASE BANK BUMP2BUMP -PARTS RESALE 250.00 JPMORGAN CHASE BANK BUMP28UMP -PARTS RESALE 14.22 JPMORGAN CHASE BANK BUMP2BUMP -PARTS RESALE 394.00 JPMORGAN CHASE BANK BUMP28UMP -PARTS RESALE 25.75 JPMORGAN CHASE BANK BUMP26UMP -PARTS RESALE 65.92 JPMORGAN CHASE BANK FASTENAL- SUPPLIES 22.97 JPMORGAN CHASE BANK BUMP2BUMP -PARTS RESALE 83.76 JPMORGAN CHASE BANK BUMP2BUMP -PART RESALE 41.99 JPMORGAN CHASE BANK BUMP28UMP -PARTS RESALE 141.96 JPMORGAN CHASE BANK BUMP2BUMP -PARTS RESALE 108.87 TOTAL CITY GARAGE 12,966.92 12,966.9 FUND GRAND TOTAL WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 323.00 ICITY OF OWASSO IMPRESTACCO UNT WORKERS COMP CLAIMS EXPEN 323.00 TOTAL WORKERS' COMP SELF -INS 646.00 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN -7 420.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 6,279.57 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 5,127.86 TOTAL WORKERS' COMP SELF -INS 11,827.43 12,473.4 FUND GRAND TOTAL GEN LIAB -PROP SELF INS NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL FEES 127.50 NEWTON, O'CONNOR, TURNER &KETCHUM LEGAL FEES 267.75 TOTAL GEN LIAB -PROP SELF INS 395.25 395.2 FUND GRAND TOTAL CITY GRAND TOTAL $713,529.36 Page 14 sd The City Wit"15out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: John W. Feary Project Administration & Legislative Affairs SUBJECT: Capital Improvements Agreement with Tulsa County for The Owasso Festival Park Project DATE: February 3, 2017 BACKGROUND: A Capital Improvements Agreement with Tulsa County is required for each project funded by the Vision 2025 excess funding package for which the City of Owasso gained approval 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 agreement pertains to the Owasso Festival Park project and must be executed in order to receive the funds from the Vision Authority. RECOMMENDATION: Staff recommends approval of the Owasso Festival Park Project, Capital Improvement Agreement between the Board of County Commissioners of Tulsa County and the City of Owasso relating to the Vision Authority Resolution for the disbursement of Excess Sales Tax and authorization for the Mayor to execute the agreement. ATTACHMENT: Capital Improvement Agreement - Owasso Festival Park Project OWASSO FESTIVAL PARK PROJECT CAPITAL IMPROVEMENTS AGREEMENT between BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY, OKLAHOMA and CITY OF OWASSO, OKLAHOMA Dated. .2017 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. "Cettificate of Compl etion" .......................................................................... ............................... 3 1.11. "Change Orders" .............................................................................................. ............................... 3 1.12. "Completion Date" .......................................................................................... ............................... 3 1.13 "Construction Advance" ................................................................................. ..............................3 1.14. "ConstructionAdvance Request" ............................................................... ............................... 3 1.15. "Construction Contracts" .............................................................................. ............................... 3 1.16. "Construction Schedule" ................................................................................ ..............................3 1.17. "Contracting Party" ......................................................................................... ..............................3 1.18. "Contractors" .................................................................................................... ............................... 3 1.19. "Cost of Construction" .................................................................................... ..............................3 1.20. " County" ............................................................................................................... ..............................4 1.21. 'Depository" ....................................................................................................... ..............................4 1.22. "Engineer" ........................................................................................................... ..............................4 1.23. "Excess Sales Tax" ............................................................................................ ..............................4 1.24. "Governmental Approvals" ...................................................................................... ..............................4 1.25. "Governmental Authority ...................................................................... ........ ..............................4 1.26. "Government Requirements" .................................................................................. ..............................4 1.27. ' Improvements" ............................................................................................................... ..............................4 1.28. " Land" ................................................................................................................... ..............................4 1.29. "Maximum Amount ofAdvances" .............................................................. ..............................4 1.30. 'Non- Construction Advance Request" ...................................................... ..............................4 1.31. 'Non-Constluction Advance" ................................................................................... ..............................4 1.32. "Opinion of Contracting Party's Counsel".... ......................................................................... 5 1.33. "Payment and Performance Bonds" .......................................................... ..............................5 1.34. 'Plans" .................................................................................................................. ..............................5 1.35. 'Program Manager" ......................................................................................... ..............................5 1.36. ' Project ................................................................................................................. ..............................5 1.37. "Project Manager" ............................................................................................ ..............................5 1.38. "Project Manager Agreement" ..................................................................... ..............................5 1.39 " Resolution" ........................................................................................................ ..............................5 1.40. 'Termination Event" ....................................................................................... ..............................5 1.40.1. Breach of Covenants ....................................................................... ..............................6 1.40.2. Representations and Warranties .............................................. ..............................6 1.40.3. Insolvency ...................................................................................................... ..............................6 i 2 3 4 5 31 7 91 9. 10. 11. 12. 13. 14. 16 16 17. 18 19 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 INITIALADVANCE ................................................................................................. ..............................6 CONDITIONS PRECEDENT TO BOARD'S OBLIGATION TO MAKE CONSTRUCTION ADVANCES .............................................................................. ..............................7 CONDITIONS PRECEDENT TO BOARD'S OBLIGATION TO MAKE NON - CONSTRUCTION ADVANCES 8 DISBURSEMENT PROCEDURE .......................................................................... ..............................9 6.1. Request for Construction Advance .......................................................... ..............................9 6.2. Request for Non - Construction Advance ................................................ ..............................9 6.3. Board's Inspection ....................................................................................... .............................10 6.4. Disbursements ............................................................................................................. .............................10 6.5. Maximum Amount ofAdvances .............................................................. .............................10 6.6. Date after which Advances Cease ........................................................... .............................10 6.7. Advances Solely from Excess Sales Tax ................................................ .............................10 6.8. Advances Subjectto 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 Enforceabil ity ................................................ .............................11 7.3. No Violations .................................................................................................. .............................12 7.4. Disclosure ....................................................................................................................... .............................12 7.5. Continuing Nature of Representations .................................................. .............................12 REPRESENTATIONS AND WARRANTIES OFBOARD .............................. .............................12 8.1. Authority, Approval and Enforceabil ity ................................................ .............................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 COMPLETION OFTHEPROJECT ............................................................ .............................13 INSURANCE............................................................................................................. .............................13 CHANGEORDERS ................................................................................................. .............................13 AUDIT....................................................................................................................... .............................13 COPIESOF FILED LIENS ................................................................................. .............................13 GOVERNMENT REQUIREMENTS AND PUBLIC COMPETITIVE BIDDING ACT 13 CONSTRUCTION CONTRACTS .............................................................................. .............................13 VISION2025 SIGNAGE ........................................................................................ .............................13 PAYMENT OF THE COSTS OF BONDS OR NOTES ..................................... .............................13 GENERALCONDITIONS ..................................................................................... .............................14 19.1. Nonwaiver .......................................................................................................................... .............................14 19.2. The Board's Satisfaction.. .......................................................... ........................................ 14 ii 14.3. Establishment of Facts ...................................................................................................................... 4 144. Relationship 0fP6djtS ...................................................................................................................... 14 19.5. Conditions for Exclusive Benefit of the Board ........................................................................ 14 19.6. Notices ..................................................................................................................................................... l4 19.7. Amendment; W&iver....—..~..................~~~~~~~~.~~....^ 15 19.8. Rights and Remedies ......................................................................................................................... 15 14.4. Governing Law ..................................................................................................................................... 1S 19}0 Third Party Beneficiary .................................................................................................................... 15 19.11 Prohibition Against Assignment . .................................................................................................. 16 14J2 Entire AoreemeoL........^—.......—..........—.—......^.—..~..-16 14.13 Captions and Paragraph Headings ............................................................................................... 16 1914 Time 0F Essence ........................................................ ............. ............................................................ 16 19.15 Binding Effect.....—.........................~...~.....--_... 16 14.16. Sever&bilitv ........................................................................................ ................................................... 16 19J7. Invalidity of Provisions .......................................... .......................................................................... 16 LIST OF EXH113ITS Exhibit "A" Descriptionof Improvements Exhibit "R" DeScript|0ovfL6od Exhibit "C" Authorization and Certificate of Program Manager Exhibit "D" Authorization and Certificate ofProject Manager Exhibit "G" Construction Advance Request Exhibit "F" Nou'Coustrordoo/\dvaoce Request iii CAPITAL IMPROVEMENTS AGREEMENT This CAPITAL IMPROVEMENTS AGREEMENT (the "Agreement ") made and entered into this day of , 2017, between the BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY, OKLAHOMA (the "Board ") and the CITY OF OWASSO, OKLAHOMA, amunicipal 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 ofsuch sales tax forthe 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 /100th 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 0702, Application and Certificate for Payment, and American Institute of Architects Document 0703, 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 Program Manager" means the Authorization and Certificate of Program Manager signed by the Program Manager in the form and content set forth on Exhibit "C" hereto. 1.7. 'Authorization and Certificate of Project Manager" means the Authorization and Certificate of Project Manager signed by the Architect, Engineer or Project Manager, as determined by the Board, in the form and content set forth on Exhibit 'D" hereto. 2 Q: \TCIA \V1s1on2025 SURPLUS \0wasso \Festival Park \Cltyof0wassoFesttvalMarkel REIMBURSEMENT AGRAoc 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, tiot attending a strike, civil commotion, aircraft, vehicles, smoke and other tisks from time to time included under "extended coverage" policies, in an amount equal to I00% 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 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 bythe Contracting Party within the Certificate of Completion. 1.13 "Construction Advance" means any Advance for Costs of Construction which are properly payable to appropriate Contractors pursuant to the Construction Contracts. 1.14. "Construction Advance Request" means a written request from the Contracting Party to the Board specifying the requested Construction Advance amount and the disbursement date and making certifications to the Board, all as more specifically set forth in the Construction Advance Request form, a copy of which is attached hereto as Exhibit "E." 1.15. "Construction Contracts" means the agreements between the Contracting Party and the Contractors providing for the construction, equipping and furnishing of the Project. 1.16. "Construction Schedule" means a schedule of the construction, equipping and furnishing of the Improvements from the commencement date of construction to the Completion Date, in form and content satisfactory to the Board, as amended from time to time by the Contracting Party with consent of the Board. 1.17. "Contracting Party' means the City of Owasso, Oklahoma. 1.18. "Contractors" means the contractors who execute Construction Contracts. 1.19. "Cost of Construction" means all costs of designing, acquiring, constructing, equipping and furnishing the Project, including, but not limited to, the cost of land or any interest in land, obligations incurred for labor and materials and to architects, project 3 (1�\TCM \Vlein��➢'1C CIIQ ➢I IIC \(\wo«n \CoaH..al Mo Wn! \ti(..n((\.�reemCuy l..elManL�1 QCIMQIIQCCMCNT rt /_Q Any managers, contractors, builders and materialmen; the restoration or relocation of property damaged or destroyed in connection with the construction; and the cost of machinery, equipment or supplies purchased by the Contracting Party for inclusion as part of the Project. 1.20. "County" means Tulsa County, Oklahoma. 1.21. "Depository" means BOKF, NA, Tulsa, Oklahoma, a national banking association, organized and existing under the laws of the United States of America, and its successors and any corporation resulting from or surviving any consolidation or merger to which it or its successors may be a party. 1.22. "Engineer" means the engineer(s) who execute the Architect /Engineer Agreement. 1.23. "Excess Sales Tax" has the meaning set forth within Paragraph C of the Recitals hereof. 1.24. "Governmental Approvals" means authorizations required by Governmental Authorities for the construction and operation of the improvements contemplated by the Plans, including, without limitation, a copy of the building permit and zoning clearance issued by the city which has jurisdiction over the contemplated project. 1.25. "Governmental Authority" means the United States, the state, the County, the city or any other political subdivision in which the Land is located, and any other political subdivision, agency or instrumentality exercising jurisdiction over the Contracting Party or all or anyportion ofthe 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 ofAdvances" means $838,466.00. 1.30. 'Non- Construction Advance Request" means a written request from the Contracting Party to the Board specifying the requested Non - Construction Advance amount and the disbursement date and making certain certifications to the Board, all as more specifically set forth in the Non - Construction Advance Request form, a copy of which is attached hereto as Exhibit "F." 1.31. "Non- Construction Advance" means any Advance for the payment of Costs of Construction other than the costs and fees which are properly payable to the appropriate Contractors pursuant to the Construction Contracts. 4 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 ofOklahoma. 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 Partywith 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. "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. 1.40. 'Termination Event" shall mean the occurrence of any of the following: 5 Q: \TCIA \VIs1on202S SURPLUS \Owasso \Festival Market \CltyofOwaesoFaUvaiMarket REIMBURSEMENT AGRdoc 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. 3.1. The Board has received the following documents: C. Q: \TCIA \Vlslon2025 SURPLUS \Owasso \Festival Market \CRyof0wassoFesHva1Market REIMBURSEMENT AGR.doc 3.1.1. Approved Budget; 3.1.2. Written detailed description of the Project; 3.1.3. Construction Schedule; 3.1.4. Opinion of Contracting Party's Counsel; 3.1.5. Copy of Project Manager Agreement, if any; 3.1.6. Copies of all other then - existing agreements executed by the Contracting Party in connection with the acquisition, construction, equipping and furnishing of the Project; 3.1.7. Such other documents, certificates and instruments in connection with the Project, in form and substance satisfactory to the Board or its Program Manager as the Board or its Program Manager may reasonably request. 3.2. The representations and warranties set forth within Section 7 hereof shall be true and correct on and as of the date of the initial Advance with the effect as if made on such date. 3.3. No Termination Event exists under this Agreement. 4. CONDITIONS PRECEDENT TO BOARD'S OBLIGATION TO MAKE CONSTRUCTION ADVANCES. It is expressly agreed that the Board's obligation to make any Construction Advance shall be subject to satisfaction of the following conditions, unless waived by the Board at its sole discretion. In the event the Board elects to waive any requirements or conditions contemplated herein with regard to any such Construction Advance, such waiver shall not preclude the Board from thereafter requiring full and complete performance of all terms, conditions and requirements with regard to any subsequent Advance. 4.1 All conditions for all previous Advances must be satisfied or expressly waived in writing by the Board as of the date of the pending Construction Advance, 4.2 The Board has received the following documents: 4.2.1. Copy of Architect /Engineer Agreement, if any; 4.2.2. Plans; 4.2.3. Copy of all Construction Contracts; 4.2.4. Copy of all Governmental Approvals; 4.2.5. All amendments to documents previously delivered to the Board by the Contracting Party hereunder; and 7 Q: \TCIA \V1s1on2025 SURPLUS \Owasso \Festival Market \CltyotOwusoFestivalMarket REIMBURSEMENT AGR.doc 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. Copyof 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. Itis 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 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. 0 Q: \TCIA \Vlslon202S SURPLUS \Owasso \Festival Market \CityofOwassoFestiva!Market REIMBURSEMENT AGR.doc 5.3. The Non - Construction Advance complies and is in accordance with the Approved Budget 5.4. The representations and warranties set forth within Section 7 hereof shall be true and correct on and as of the date of the pending Non - Construction Advance with the effect as if made on such date. 5.5. No Termination Event exists under this Agreement. 6. DISBURSEMENT PROCEDURE. Subject to compliance by the Contracting Party with all the terms, provisions and conditions of this Agreement, including, but not limited to, the conditions precedent set forth within Sections 3, 4 and 5 hereof, the Board will cause its Depository to disburse sums to the Contracting Party, or to the appropriate payee, for the purpose of paying Costs of Construction items specified in the Approved Budget, in accordance with the following procedures: 6.1. Request for Construction Advance. Not less than fifteen (15) business days before the date on which the Contracting Party desires a Construction Advance, but not more frequently than monthly, the Contracting Party shall submit to the Board a Construction Advance Request, which shallbe accompanied by the following: 6.1.1. Application and Certificate for Payment dated as of the date of the RequestforAdvance; 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. Ifrequested 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 more frequently than monthly, the Contracting Party shall submit to the Board a Non- Construction Advance Request, which shall be accompanied by the following: 9 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 ofAdvances. 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 December 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 bythe Board. 6.9. Subordination of Obligation to Make Advances. The Board's obligation to make Advances is fully subordinate to the Board's obligation to make payments of the sales tax proceeds pursuant to projects agreements between the Board and the Tulsa County Industrial Authority securing the payment of bonds issued by such Authority. 10 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. 11 Q; \TCIA \Vtslon202S SURPLUS \0wasso \Fes1Ival Market \CltyotDwassoFestivaiMarket REIMBURSEMENT AGR.doc 7.3. No Violations. Based upon a reasonable investigation, there exist no violations of any statutes, rules, orders, ordinances, regulations or requirements of any Governmental Authorities with respect to the Land, and the anticipated use thereof complies with all applicable statutes, rules, ordinances, regulations or requirements (including, without limitation, zoning, environmental, ecological, landmark and all other applicable categories) affecting the Land. 7.4. Disclosure. The representations and warranties made to the Board by the Contracting Party contain no untrue statements of material facts, and the Contracting Party has not intentionally omitted to disclose any material fact. 7.5. Continuing Nature of Representations. Each of the representations and warranties set forth herein will be true on the date of each Advance hereunder, and the acceptance of any Advance hereunder by the Contracting Party shall be deemed to be a reaffirmation of each and every one of said representations and warranties. 8. Representations and Warranties of Board. The Board hereby represents and warrants to, and covenants with the Contracting Party as follows: 8.1. Authority. Approval and Enforceability_. The Board has all requisite power and authority to execute and deliver this Agreement and to perform its obligations under this Agreement. This Agreement has been executed and delivered on behalf of the Board and constitutes a legal and binding obligation of the Board, enforceable against the Board in accordance with its terms. 8.2. Disclosure. The representations and warranties made to the Contracting Party by the Board contain no untrue statement of material fact and the Board has not intentionally omitted to disclose any material fad. 9. Remedies. Upon the occurrence of a Termination Event, the Board may, at its option: 9.1. Termination of Advances. Terminate the making of Advances. 9.2. Waiver of Termination Event. The Board may, at its option, by an instrument in writing signed by the Board, waive any Termination Event which shall have occurred and any consequences of such Termination Event and, in such event, the Contracting Party and the Board shall be restored to their former respective rights and obligations hereunder. Any Termination Event so waived shall, for purposes of this Agreement, be deemed to have been cured and not to be continuing; but no such waiver shall extend to any subsequent or other Termination Event or impair any consequence of such subsequent or other Termination Event or any of the Board's rights relating thereto. 9.3. Cumulative Remedies. The remedies herein provided shall be in addition to and not in substitution for the rights and remedies which would otherwise be vested in the Board in law or equity, all of which rights and remedies are specifically reserved by the Board. The remedies herein provided or otherwise available to the Board shall be cumulative and may be exercised concurrently. The failure to exercise any of the remedies herein provided shall not 12 Od TCIA %VkI.n 7025 SIIRPIIIWn.ac MFaOWni Market \rironfOwacan6nctlua1R1arknt RFIMRIIRSFMFNT AGA dnr 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 satisfactoryto the Board. 10. Completion of the Project. The Contracting Party shall complete the construction, equipping and furnishing of the hnprovements in accordance with the Plans and submit to the Board a Certificate of Completion on or before December 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 bylaw. 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. J: 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 anyamendments thereto. 16. CONSTRUCTION CONTRACTS. The Contracting Party shall at all times comply with theterms andprovisions ofthe 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 ofthe Contracting Party, which approval shall not be unreasonably withheld or delayed. 18. PAYMENT OF THE COSTS OF BONDS OR NOTES. Pursuant to the Resolution and other resolutions of the Board dated July 7, 2003, the Board has determined that excess funds generated from sales tax totaling $45,500,000.00 (the "Total Excess Sales Tax ") will be available 13 Q: \TCIA \Vls1on2025 SURPLUS \0wasso \Fest1val Market \C!tyof0wazsoFestiva!Market REIMBURSEMENT AGR.doc for the funding of additional projects (including the Project). In the event the Tulsa County Industrial Authority (the'Authority") issues bonds or notes payable from the Total Excess Sales Tax for the purpose of funding any such additional projects, the Contracting Party shall pay to the Authority its proportionate share (1.843 %) 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 ofthis 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 ashereinabove 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 ornonexistence. 19.4. Relationship of Parties. The Board is neither a partner nor joint venturer with the Contracting Party or any other party in connection with the Project. The Board shall not in any way be liable or responsible by reason of the provisions hereof, or otherwise, for the payment of any claims growing out of the construction of the Improvements or the Land. 19.5. Conditions for Exclusive Benefit of the Board. All conditions of the obligations of the Board to make Advances hereunder are imposed solely and exclusively for the benefit of the Board and its assigns, and no other person shall have standing to require satisfaction of such conditions in accordance with their terms and no other person shall, under any circumstances, be deemed to be beneficiary of such conditions. 19.6. Notices. Any notice, request, complaint, demand, communication or other paper shall be sufficiently given and shall be deemed given when delivered or mailed by registered or certified mail, postage prepaid or sent by telegram, addressed as follows: 14 Q: \TCIA \V1s!on2025 SURPLUS\ Owasso \Fesflval Market \CltyofOwassOFestiva!Maiket REIMBURSEMENT AGR.doc Tulsa County: Board of County Commissioners 500 S Denver Tulsa, OK 74103 Attn: Chairman Contracting Party: City of Owasso, Oklahoma 200 S Main Street Owasso, OK 74055 Attn: City Manager The parties hereto may designate any further or different addresses to which subsequent notices, certificates or other communications shall be sent. The above addresses may be changed at any time upon written notice of such change sent by United States mail, postage prepaid to the other parties by the party effecting the change. 19.7. Amendment; Waiver. This Agreement may not be amended, modified, waived, discharged or terminated in any way, except by an instrument in writing executed by all parties hereto; PROVIDED, HOWEVER, the Board may, in writing: (i) extend the time for performance of any of the obligations of the Contracting Party; (ii) waive any Termination Event by the Contracting Party; and (iii) waive the satisfaction of any condition that is precedent to the performance of the Board's obligations under this Agreement. In the event of a waiver of a Termination Event by the Board, such specific Termination Event shall be deemed to have been cured and not continuing, but no such waiver shall extend to any subsequent or other Termination Event or impair any consequence of such subsequent or other Termination Event. 19.8. Rights and Remedies. In the event of a breach of any of the covenants or agreements hereof by a party hereto, the other parties hereto shall be entitled to enforce and exercise all options, rights and remedies, jointly or in the alternative, provided by the Agreement, law or equity. 19.9. Governing Law. This Agreement shall be deemed to be a contract made under the laws of the State of Oklahoma and shall be construed by and governed in accordance with the laws of the State of Oklahoma. 19.10. Third Party Beneficiary. Nothing in this Agreement, express or implied, is intended to confer upon any person other than the parties hereto, and their respective successors and assigns, any rights or remedies under or by reason of this Agreement. Q: \TCIA \VlsionZ025 SURPLUS \Owasso \Festival Market \CltyotDwassoFestivalMarket REIMBURSEMENT AGRdoc 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 oflaw 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 notbeen included herein. (The remainder of this page intentionally left blank Signatures appear on next page) 16 ltd TflA \Vleinn9D9C CIIDDI IIC \Iluueen \Cnel(val MaeYnH CIMniTwueenWeflnelMU4n1 DCIMOIIDCCMCVT nCO A..w IN WITNESS WHEREOF, the parties hereto have executed and delivered this Agreement as of the day and year first above written. Date: ATTEST: City Clerk APPROVED: City Attorney "Contracting Party" THE CITY OFOWASSO, OKLAHOMA, amunicipal corporation By: Name: 'Board" BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY By Name Title 17 Q: \TCIA \Vlsion2025 SURPLUS \Owasso \FesUVal Marke t \CltyofDwassoFestivalMarket REIMBURSEMENT AGR.doc EXHIBIT „A„ DESCRIPTION OF IMPROVEMENTS Construction of park infrastructure and amenities intended for use as a farmers market, small concerts, art shows and similar events. EXHIBIT'S" DESCRIPTION OF LAND South of the Police Station located at 111 N Main Street in downtown Owasso, Oklahoma EXHIBIT „C„ AUTHORIZATION AND CERTIFICATE OF PROGRAM MANAGER With a reference to the attached Advance Request in connection with the Owasso Festival 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 bythe 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 , 2017, 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 City of Owasso, Oklahoma (the the "Contracting Party") in connection with the Owasso Festival 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 , 2017, 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 ofTulsa County, Oklahoma c/o Program Manager FROM: City of Owasso, Oklahoma Owasso, Oklahoma (the Contracting Party) Pursuant to the Capital Improvements Agreement dated , 2017 (the "Agreement "), regarding the Owasso Festival Park Project by and between 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 thepayment 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: CITYOFOWASSO, OKLAHOMA By: Authorized Officer ofthe Contracting Party APPROVED: BOARD OFCOUNTYCOMMISSIONERS OF TULSA COUNTY, OKLAHOMA Chairman EXHIBIT "F" NON - CONSTRUCTION ADVANCE REOUEST TO: Board of County Commissioners ofTulsa County, Oklahoma FROM: City of Owasso, Oklahoma Owasso, Oklahoma (theContracting Party) Pursuant to the Capital Improvements Agreement dated 2017, (the "Agreement "), regarding the Owasso Festival Park Project by and between the Board of County Commissioners of Tulsa County, Oklahoma (the "Board "), and the City of Owasso, Oklahoma (the "Contracting Party"), the Contracting Party hereby requests the Board to cause its Depository to disburse the amount of $ to the parties set forth below for the following purposes: Payees Purposes The Contracting Party does hereby certify to the Board that, as of the date hereof, (i) the representations and warranties of the Contracting Party in the Agreement are hereby ratified and confirmed; (ii) the requested disbursement is for the payment of Costs of Construction as defined in the Agreement; (iii) each obligation described above has been properly incurred; (iv) the Agreement is in full force and effect; (v) no event of default has occurred or is continuing under the terms of the Agreement; and (vi) all conditions precedent to the payment of the requested Non - Construction Advance herein have been met and payment of such obligations is proper pursuant to the terms of the Agreement. Date: By: Authorized Officer ofthe Contracting Party APPROVED: BOARD OFCOUNTYCOMMISSIONERS OF TULSA COUNTY, OKLAHOMA By: C aitman �V The City Wit out Limits. TO: Honorable Mayor and City Council City of Owasso FROM: Karl A. Fritschen, Chief Urban and Long Range Planner SUBJECT: Partial Utility Easement Closure Request - 10005 E 90th Ct N, Lot 67, Block 1, Fairways V at Bailey Ranch, DATE: February 3, 2017 BACKGROUND: The City of Owasso received a request from Melvin Spencer for the closing of a portion of a rear yard 17.5' utility easement. The location of the easement lies on Lot 67, Block 1 located at 10005 E 90th Ct N in the Fairways V subdivision. The home owner discovered that a portion of porch of the main house on the property encroaches into the rear yard setback and as such a portion of the easement needs to be closed. According to the information provided, approximately 285 square feet of the easement needs to be closed to ensure that this portion of the home is out of any easement area. The overall impact to utilities appears to be minimal, as electric and AT &T are outside of the area requested for closing, with sanitary sewer, Cox Communications, and Oklahoma Natural Gas being located in the easement along the north side of 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. Closing of the easement will ensure clear title to the property. Upon City Council action to close the easement, it is recommended that the applicant 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 December 28, 2016, meeting. No comments or concerns regarding negative impacts to utilities were expressed at the meeting. RECOMMENDATION: Staff recommends City Council approval of Ordinance 1095, closing to the public use a utility easement at 10005 E 90 Ct N. ATTACHMENTS: Ordinance 1095 Location Map Plat of Survey Legal Exhibit Final Plat, Fairways V CITY OF OWASSO, OKLAHOMA ORDINANCE 1095 AN ORDINANCE CLOSING TO THE PUBLIC USE A UTILITY EASEMENT LOCATED AT 10005 E 90 COURT NORTH, OWASSO, OKLAHOMA, AND ACCORDING TO THE RECORDED PLAT THEREOF (PLAT NO. 5356) 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 some 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: Section 1 A TRACT OF LAND THAT IS A PART OF LOT SIXTY -SEVEN (67), BLOCK ONE (1), "FAIRWAYS V AT BAILEY RANCH," AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF (PLAT NO. 5356). THE SUBJECT PROPERTY IS 10005 E COURT NORTH, OWASSO, OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 67; THENCE S 01018'18" E, ALONG THE EAST LINE THEREOF, A DISTANCE OF 46.50 FEET; THENCE S 88 141'42" W A DISTANCE OF 6.10 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S 88 041'42" W A DISTANCE OF 11.40 FEET; THENCE S 01018'18" E A DISTANCE OF 25.00 FEET; THENCE N 88 °41'42" E A DISTANCE OF 11.40 FEET; THENCE N 01018'18" W A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING. The same is hereby closed for public use as a utility easement. Section 2. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. Section 3. All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. Section 4. If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. Section 5. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. Section 6. 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 7th day of February, 2017. Lyndell Dunn, Mayor ATTEST: Sherry Bishop, City Clerk )SEAL) APPROVED AS TO FORM: Julie Lombardi, City Attorney iI U t O W In r T u @ u u @ Ul v n E CD 0 `o W - c 0 D C O u a N 4. m lJ @ 0 N U! C @ @ O) @ O 0 L D UI D O a r @ N cc 65 .2 .2 _N mm r EE C_ C_ u N L jp aD � O m.. 0 0 v � N N v v O 5 N o n@ @ n 0 @ N N N w c 3 �O a@ II v c n o � @ u E N N @ L W F- a LOCATION MAP PLAT OF SURVEY T STATE OF OKLAHOMA NORTH 21 TULSA COUNTY SCALE f "= 20' N PREPARED FOR eons of eEauNC - [ NCS BkSED ON THE MELVIN SPENCER RECORDED PAT or FF,RWAYS V AT a RMM LEGAL DESCRIPTION Lot 67 in Block t of FAIRWAYS V AT BAILEY RANCH, an Addition to the City of Owosso, Tulsa County, Oklahoma, according to the recorded Plat thereof. LS die S 85 °52'59" E KOR7HE4sr CORNV 45.28' LOT 67 BLOCK I nn, FD. J/ 7P an 2 `� L. f7B 17.5' 00[yry ESW 5 SEE EXHIBIT "Al" ATTACHED HERETO FOR DESCRIPTION OF PROPOSED VACATED EASEMENT. 1 3/87P —� LS 1728 7 N S \ NOTKMlC by �� MO, s 10' �-FO. 3'7P R =2$' L.S. 1728 • Za'9 I \HOC iS • OT \ <rN�. i��TYF J n \ SAP �'\ Oyu t'OG sEr D3 SEr PK NKL IN CONCRETE \ S 68.41'4x' W CERTIFICATION '0-00' IXIP UMENC. 1, Randall R. Payne, the undersigned, a Professional Land Surveyor in the State of Oklahoma, do hereby certify that the above described property has been surveyed under my supervision and that it meets or exceeds the Oklahoma minimum standards for the practice of land surveying as adopted by the Oklahoma State Board of Registration for Professional Engineers and Land Surveyors; that R is true and correct to the best of my knowledge and belief. WITNESS my hand and seal this 5th day of July 2013. REVISED NOV. 21, 2017 TO SHOW PROPOSED VACATED EASEMENT AREA, SEE ATTACHED EXHIBIT "Al' FOR DESCRIPTION. LEGEND PAYNE SURVEYING SERVICE O i RONtPIN IRON PIN 1218 K WILL ROGERS BLVD. X x X - FENCE UNE CLAREMORE, OIQA. FMRwAY5.OWO 341 -0617 CA 2368 1I W 6.7 1tA P.O.B. Of PROPOSED W VACATED DIILNY EASEMENT ry AREA OF PROPOSED VACATED EASEMENT 11.a' IPPRa Mw Loavkw RELOD%w L .. ME PON G f(/RMSm TO 5(/RVEYOR BY f .� I I wL17 • Za'9 I \HOC iS • OT \ <rN�. i��TYF J n \ SAP �'\ Oyu t'OG sEr D3 SEr PK NKL IN CONCRETE \ S 68.41'4x' W CERTIFICATION '0-00' IXIP UMENC. 1, Randall R. Payne, the undersigned, a Professional Land Surveyor in the State of Oklahoma, do hereby certify that the above described property has been surveyed under my supervision and that it meets or exceeds the Oklahoma minimum standards for the practice of land surveying as adopted by the Oklahoma State Board of Registration for Professional Engineers and Land Surveyors; that R is true and correct to the best of my knowledge and belief. WITNESS my hand and seal this 5th day of July 2013. REVISED NOV. 21, 2017 TO SHOW PROPOSED VACATED EASEMENT AREA, SEE ATTACHED EXHIBIT "Al' FOR DESCRIPTION. LEGEND PAYNE SURVEYING SERVICE O i RONtPIN IRON PIN 1218 K WILL ROGERS BLVD. X x X - FENCE UNE CLAREMORE, OIQA. FMRwAY5.OWO 341 -0617 CA 2368 PREPARED FOR.• MELVIN SPENCER EXHIBIT "Al " DESCRIPTION OF THAT PART OF THE UTILITY EASEMENT TO BE VACATED IN LOT 67 BLOCK 1 OF FAIRWAYS V AT BAILEY RANCH A TRACT OF LAND CONTAINING A PART OF LOT 67 IN BLOCK 1 OF FAIRWAYS V AT BAILRY RANCH, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, SAID TRACT BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 67; THENCE S 01'18'18" E, ALONG THE EAST LINE THEREOF, A DISTANCE OF 46.50 FEET; THENCE S 88'41'42" W A DISTANCE OF 6.10 FEET TO THE POINT OF BEGINNING; THENCE CONTINUEING S 88'41'42" W A DISTANCE OF 11.40 FEET; THENCE S 01'18'18" E A DISTANCE OF 25.00 FEET; THENCE N 88'41'42" E A DISTANCE OF 11.40 FEET; THENCE N 01018'18" W A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING. WITNESS my hand and seal this 21 St day of November 2016. T PAYNE SURVEYING SERVICE '" 'a' :� 1218 F. RILL ROGERS BLVD. CLAREd€ORE, OICL�4. ndall R. 9YneL.s��5;2128 341 -0617 CA 2368 (f ''EXPIRES O6% 117 CERTIFICATION I, Randall R. Payne, the undersigned, a Professional Land Surveyor in the State of Oklahoma, do hereby certify that the above legal description has been prepared under my supervision and that it meets or exceeds the Oklahoma minimum standards for the practice of land surveying as adopted by the Oklahoma State Board of Registration for Professional Engineers and Land Surveyors; that it is true and correct to the best of MY knowledge and belief. WITNESS my hand and seal this 21 St day of November 2016. T PAYNE SURVEYING SERVICE '" 'a' :� 1218 F. RILL ROGERS BLVD. CLAREd€ORE, OICL�4. ndall R. 9YneL.s��5;2128 341 -0617 CA 2368 (f ''EXPIRES O6% 117 DATE FILED May 03, 1999 wn WCI %AV90S05/, )IEEE 1040 o.00 a) 0CP wS ' 1I)0)1 ,1JP 420,10 1! .073, 2 PLAT NO. 5356 FAIRWAYS V W Buky Ranch A SUBDIVISION IN THE W/2 OF SECTION 19, T -21 —N, R -14 —E, CITY OF OWASSO. TULSA COUNTY, OKLAHOMA LOT ARIA Umm •A . ur, ,r. ® ti O—g/Oc -elan r KOURTIS PROPERTIES, LLC P.O. Box 419 Owasso, OK 74055 918/272 -4 333 Plo.ne, PITTMAN —POE & ASSOCIATES 10820 E. 45th Street Tulsa, OK 74146 918 /665 -8800 Erainee, 1NLLIAM E. LEN1S, P.E. 5879 S. Gamall Tulsa, OK 74146 918/254 -4689 ro Ian,w ,I C `ter 1 5` RL,N n..ra+r,IMP. na.v wmn. n4nnva,0f if \t' I ,aj �• i I!§ �'rlT� —rim sw PLAT No. 535 r THE PLAT BOOK — TULSA COUNTY — COPYRIGHT 1999 ROY MALERNEE, CITY MAP SERVICE TULSA, OKLAHOMA FEDERAL LAW PROHIBITS REPRODUCTION FOR ANY PURPOSE WITHOUT PERMISSION OF COPYRIGHT OWNER sd The City Wit ouf Limits. TO: The Honorable Mayor and City Council FROM: Roger Stevens Public Works Director SUBJECT: Brookfield Crossing - Stormwater Conveyance and Detention Improvements Bid Award DATE: February 3, 2017 BACKGROUND: The Brookfield Crossing subdivision is located north and east of E 116 St N and Garnett Road Intersection. This residential subdivision was developed in 2001 -2002 with City infrastructure being accepted by City Council in January 2003. In 2002, Public Works identified several issues with the stormwater conveyance system and detention pond. However, miscommunication between the former Infrastructure Inspector and City Engineer led to the stormwater infrastructure being accepted prematurely. After several discussions between staff and the developer in 2004, 2005 and 2014, the developer has not made any attempt nor intends to make an attempt to address these drainage issues within Brookfield Crossing. As a result, Public Works recommended this project to receive Stormwater Funds in the FY 2014 -2015 proposed budget to initiate the planning phase. In 2014, City Council approved an engineering agreement with Kellogg Engineering. Based on the outcome of the analysis, the improvements include: the outfall structure within the detention pond will be raised approximately two feet, additional storm inlets on the north and east side of the subdivision, offsite stormwater piping from Brookfield Crossing to the new Fire Station property and offsite channel improvements located just north of Brookfield Crossing. In November 2016, Kellogg Engineering completed the design and bid specifications. In December 2016, Public Works reviewed and approved the final plans for construction. BID ADVERTISEMENT. Advertisement for bids was published on December 21, 2016, and December 28, 2016, In accordance with state law, a mandatory pre -bid meeting was held on January 10, 2017, with bid opening occurring on January 20, 2017, at the Public Works facility. ANALYSIS OF BIDS: On January 20, 2017, Public Works received seven bids for the Brookfield Crossing Stormwater Improvements. (See attached Bid Tabulation.) After a thorough review of the bid documents by Kellogg Engineering and City staff, Earth Smart Construction was determined to be the low bidder at $628,313.25. FUNDING: Funding in the amount of $700,000 is included in the Capital Improvements Fund. RECCOMENDATON: Staff recommends award of a bid to Earth Smart Construction in the amount of $628,313.25 for construction of the Brookfield Crossing Stormwater Improvement Project and authorization for the Mayor to execute the contract. ►_A1 /_ el:►dJ4k' I&N Location Map Memo dated October 10, 2014 - Brookfield Crossing Engineering Service Agreement Bid Tabulation Contract Document - SECTION 00300 AGREEMENT a' I r BROOKFIELD r u ... • PIP r ..l ITT li rn ITT LI. . i•N ��a s rf , zl � r IT L. I •t'f It, tV'p R N, ;: t BROOKFIELD CROSSING CITY OF OWASSO LOCATION MAP © 111 Main Street P.O. O Box 180 Owasso, OK 74055 9130114 North THIS MAP IS FOR INFORMATION PURPOSE ONLY ANO IN NOT in REPRESENT AN ACCURATE AND TRUE SCALE. USE OF THIS MAP WARRANTY OR REPRESENTATION BY CITY OF OWASSO OF ITS 918.376.1500 �nm �01 of The City Wit out Limits. TO: The Honorable Mayor and City Council FROM: Roger Stevens Public Works Director SUBJECT: Brookfield Crossing - Stormwater Conveyance and Detention Engineering Service Agreement DATE: October 10, 2014 BACKGROUND: The Brookfield Crossing subdivision is located N/W of E 116 St N and Garnett Road Intersection. This residential subdivision was developed in 2001 -2002 with City infrastructure being accepted by City Council in January 2003. Prior to acceptance, Public Works identified several issues with the stormwater conveyance system and detention pond. However, miscommunication between the former Infrastructure Inspector and City Engineer led to the stormwater infrastructure being accepted prematurely. In January 2004, Public Works met with the developer concerning the stormwater issues within Brookfield. At that time, all parties were able to view the certified as -built plans and come to agreement that the stormwater system has faults in the design and the system was not installed as shown in the designed plans. Shortly thereafter, the developer hired a new engineering consultant (Kellogg Engineering) to analyze, identify, and provide solutions relating to the stormwater deficiencies. The results indicate the stormwater detention facility outfall structure was installed at the incorrect elevation consequently detention capacity isn't adequate for a 100 -year storm event. In addition, stormwater piping is inadequate in size and doesn't have proper slope is some areas of the conveyance system causing street and yard flooding on the north and east end of the subdivision during a 2 -3 inch rain event. Since Kellogg Engineering provided a conceptual design in February 2004, the developer has not made any attempt to address these drainage issues within Brookfield Crossing. In addition, the developer has recently informed the City staff that he does not have the funding available to assist with costs related to the identified stormwater deficiencies. As a result, Public Works is proposing to proceed with the planning phase of the project this fiscal year with construction in FY 2015 -2016, if funding is available. ENGINEERING SERVICES AGREEMENT: In August 2014, Staff requested a proposal from Kellogg Engineering, Incorporated of Talala, Oklahoma. Based upon past knowledge of this project and fee negotiations, Kellogg Engineering, Inc. is being recommended as the design engineer for the project. The proposed work includes the following: Task 1 - Prepare 404 application to USACE for a Nation Wide Permit Task 2 - Topographic survey of existing storm drains, detention ponds and utilities Task 3 - Prepare legal descriptions and exhibits for all LIE to be acquired. Task 4 - Prepare and provide construction plans to the City for review Task 5 - Prepare and provide H &H report the City for review. Task 6 - Prepare and provide SWPPP to the City for review. Task 7 - One (1 ) Final set of reproducible Construction Plans and bid documents. Task 8 - ODEQ Stormwater Discharge Permit Task 9 - Bid documents in accordance with Owasso standards. Task 10 - Attend plan -in hand meeting with the City. Task 1 1 - Attend Preconstruction conference. Task 12- Material specifications review. Task 13 - Provide Construction Assistance and As -built Drawings FUNDING: Funding in the amount of $80,000 is included in the FY 2015 Stormwater Fund Budget for the engineering services for the Brook Field Crossing Stormwater Improvement Project. PROPOSED ACTION: An item has been included on the October 14, 2014 Council Work Session in order to discuss this project. Staff is proposing an engineering services agreement with Kellogg Engineering, Inc. in the amount of $57,500 for the Brookfield Crossing Stormwater Improvement Project. ATTACHMENTS: A. Location Map B. Agreement for Engineering Services lO. I, g e rin nd! m Hi KELLOGG ENGINEERING9 INC. ENGINEERING a PLANNING a DESIGN 6755 S. 4060 RD. a TALALA, OK 74080 918.275.4080 o 918.275.7171 FAX Brookfield Crossing Storm Drain Improvements Project BID TABULATIONS Friday, January 20, 2017 Cmreatedl S 628,313.251 13 710,912.001 IS 745,$99.761 Owner: City of Owasso Engineer: Kellogg Engineering, Inc. I, enan K Kellogg, do hereby edify that the f af oing Bid l`abulafm wnecUy ro8eda bid received on the above referenced /:l� // M Mm K Kellogg, P.E.. CY M President COMPANY NAME am Sman ce.e& Tnangle Censt. Gradel3na Camt. No, ITEM UNR$ 1 MobObatb 1 LS $ 32,000.00 S 32.000.00 5 29,000.00 S 29,000.00 5 30,000.00 $ 30,000.00 2 Easiw Cans Plan 1 LS S 4,700.00 S 4,700.00 5 2,500.00 S 2,500.00 3 5,000.00 S 51000.00 3 Conslmdon Slaking 1 LS $ 4200.00 5 4.200.00 5 6,500.00 3 8,500.00 5 10,000.00 S 10,000.00 4 Traffic Cantal B Warring Sins 1 LS $ 5,700.00 $ 5,700.00 3 2,000.00 $ 2,000.00 S 3,500.00 5 31500.00 5 Trends Cate Camara Channel w/C 1 GraMS I 1 LS $ 16.000.00 5 16.w0.00 3 25,000.00 S 25,000.00 $ 30.000.00 3 30.000.00 6 Trena Grate Comet. Channel w 1 Grates I 1 LS 5 18,000.00 $ 18.000.00 $ 35.000.00 S 35,000.00 S 45.000.00 S 45.000.00 7 48' Per ..We Ste n Grain R 22 LF 3 300.00 $ 6,600.00 3 190.00 5 4.180.00 3 170.00 $ 3.740.00 8 36'P re enestom Drain Pipe 1,971 LF S 85.00 $ 128,115.00 3 95.00 S 187,245.00 S 88.00 S 173.446.00 9 30' RCP Class III Stunt Dreln Pie 7 LF S 190.00 $ 1,330.00 5 140.00 S 980.00 S 120.00 3 840.00 10 43'X28' RCPA Class III Storm Drain Pipe 72 LF S 200.00 S 14,400.00 5 165.00 3 13,320.00 5 200.00 S 14.400.00 11 BFoot Diameter Standard Manhole 1 EA $ 6.500.00 S 8,500.00 3 4,500.00 5 4,500.00 $ 6.000.1111 $ 4o00.00 12 64'wl Diameter Standard Manhole 11 EA S 3,300.00 S 36.300.00 3 3,600.00 $ 38,500.00 5 4200.00 S 46.200.00 13 JumanB STR.A41(S62) 1 EA S 4,400.00 S 4,400.00 3 5,500.00 $ 6,5o0.00 $ 7.500.00 5 7.500.00 14 Jul an Bas No.2 (664) 1 EA $ 41400.00 5 41400.00 $ 9.000.00 $ 9,000.00 $ 7.500.00 $ 7,500.00 15 Oallal 64ua .M.A9 663 1 EA S 3,100.00 3 3,100.00 5 7,500.00 S 7.500.00 $ 12,000.00 S 12,000.00 16 36' Slandmd C4ndea Head all (661) 1 EA 5 2,300.00 $ 2,300.00 S 4,000.00 S 4,000.00 S 3.000.00 3 3.000.00 17 Conaele H<edwJl Sinrdue (SD48565) 1 FA $ 2,300.00 5 2,300.00 S 8.500.00 S 8.500.00 5 16,000.00 $ 16,000.00 18 H.E.S. PC Carets Pavement 6' 109 SY $ 75.00 $ 8,175.00 3 65,00 S 7.085.00 5 85.00 $ 9.265.00 19 PC Concrete Sidewalk 4' T 62 SY S Woo 5 3,100.00 $ 50.00 S 3,100.00 5 55.00 5 3,410.00 20 6'PCG ..te Sloped Curb 58 LF S 26.00 5 1,508.00 3 25.00 S 1,450.00 5 34.00 S 1,972.00 21 Low WaterCwdele Cwsain SD4) 1 EA $ 6.100.00 $ 6,100.00 5 6,500.00 $ 6,500.00 5 S,M.W 5 5,000.00 22 Channel lmprovements(S61) 1 W 5 41,000.00 $ 41,000.00 5 15,000.00 $ 15,000.00 S 3,000.00 3 3.000.00 23 Chan.l lmpmvemems(SO4) 1 LS 5 11,000.00 $ 11,000.00 S 35.000.00 S 35.000.00 S 25,000.00 $ 25,000.00 24 Ec Brgokriekl Detention Pond Mo sca0ons 1 LS 5 841000.00 3 84000.00 S 80.000.00 5 60,000.00 $ 52,000.00 3 52000.00 25 Evs9ng Pand M M.lon 5D4 1 LS 5 4.200.00 $ 4,200.00 5 20,000.00 $ 20,000.00 $ 16,000.00 3 161000.00 26 Relocate ExiMiry Water Sen tine 2 EA $ 2,300.00 $ 4,60100 S 1.50000 5 3.000.00 S 5,000.00 3 1o.000.00 27 Re1o=t&ExWNlnJ%eBan$yAem 1 l5 13 2,300.00 3 2,300.00 $ 600.00 5 600.00 S 6,000.00 3 5,000.00 28 Cement Bdd Plug for Exton, 30' CPP 1 IS 2,00000 3 2,000.00 $ 250.00 3 250.00 5 000.00 $ 900.00 29 Cement Bdck Plugfu0 UM2TCPP 1 EA S 1,600.00 S 1,500.00 S 225.00 5 225.00 S 900.00 $ 800.00 30 Cellular Cement FO 87 CY S 170.00 3 14,790.00 S 100.00 $ 8,700.00 S 120.00 5 10,440.00 31 Clay Water St s 2 EA 5 900.00 5 1,800.00 5 200.00 $ 400.00 5 600.00 5 1.200.00 32 CLSM Pedealal 3 EA 5 900.00 3 2.700.00 S 400.00 3 1,200.00 S 450.00 3 1,350.00 33 Ct.SM Cradle 1 EA $ 900.00 3 900.001$ 1.500.00 5 1.500.00 S 1,000.00 $ 1,000.00 34 RemOVN d EnSa, SVel.., 1 LS S 4,500.00 $ 4,500.00 5 8,500.00 $ 8.500.00 S 35,000.00 S 35,o00.00 35 Sold Slab Bemuse Sad 2,649 SY 5 4.00 S 10,596.00 S 4.00 .00 $ 225 3 5,96025 36 Solid Slab Feswe sod 2.450 SY $ 5.50 S 13,475.00 $ 5.00 .00 S 325 3 7,962.50 37 Seedin 25,625 SY 5 0.65 S tassels S 1.00 $ 5.00 S 1.00 3 25,625.00 30 12' Rip Rap 193 SY S 50.00 S 9,650.00 S 50.00 000 S 40.00 3 ],720.00 39 Gavel Dnve Cmssinq 10 CY 5 80.00 5 800.00 S 38.00 K25.525.W 0.00 S 60.00 5 600.00 40 Gravel Dave Reh WaWn (tike W 1297 SY $ 6.00 3 7.78200 $ 8.00 6.00 S 8.00 3 10,376.00 41 Gravel Oma RehabiWtion CUW K e River 481 SY S 14.00 $ 6.454.00 5 10.00 000 S 12.00 S 5,53200 42 Metal Comer P0M(SD48$65) 2 EA $ 700.00 S 1,400.00 5 200.00 .00 $ 800.00 3 1,600.00 43 Rewated Exialra Wand Privacy Fence V 205 tf 5 11.50 5 2,352.50 5 30.00 0.00 6 25.00 3 5,125.00 H Rewnsq UsUng Wwd Past S Rag Fame 125 LF 5 8.50 3 11062.50 5 20.00 3 2,500.00 $ 25.00 S 3.125.00 45 E4.L Barbed Wire Fence Repair 1 EA $ 750.00 S 750.00 3 200.00 3 Moo S 2.000.00 5 2.000.00 a Repla. Existing Tees 2 El $ 1.100.00 5 2.200.00 $ 400.00 3 800.00 5 800.00 3 1,600.00 47 Rdoate Existing Storage Budding 1 LS 3 1.500.00 3 1,500.00 S 300.00 S 300.00 S 3,500.00 S 9,500.00 48 Relocation Fee to MOO, Washington Ca 2 EA 3 800.00 S 1,600.00 $ 800.00 3 1,600.00 5 800.00 S 1,800.00 49 RolesA ysn. 1 LS S 60,000.00 S 80,000.00 3 60,000.00 3 60.000.00 3 80.000.00 5 60.000.00 W Sib Fen. (Wire Ballad) 3.160 LF 3 3.20 5 6,91100 S 175 5 5,840.00 S 2.50 S 5,400.00 51 SM Dikes 200 LF 5 13.00 S 2,600.00 5 4.00 3 800.00 S 12.00 S 2,900.00 Cmreatedl S 628,313.251 13 710,912.001 IS 745,$99.761 Owner: City of Owasso Engineer: Kellogg Engineering, Inc. I, enan K Kellogg, do hereby edify that the f af oing Bid l`abulafm wnecUy ro8eda bid received on the above referenced /:l� // M Mm K Kellogg, P.E.. CY M President �elloggl ne ngi.11 d g I . ci n I KELLOGG ENGINEERING, INC. ENGINEERING • PLANNING a DESIGN 6755 S. 4060 RD. • TALALA, OK 74080 918.275.4080 a 918.275.7171 FAX Brookfield Crossing Storm Drain Improvements Project BID TABULATIONS Friday, January 20, 2017 5 011.007.47 $ 54.690.09 $ 566,1a.0 COMPANY NAME Raco ErrE Me. Magnumc.ma Crosslandktaa ConsL No. REM UNIT$ I Mobilization 1 LS 5 481421.00 $ 481421.00 $ 35.459.50 S 35,459.50 $ 20,715.50 $ 28.715.50 2 Erosion Congo! Plan 1 LS $ 7,87!.00 3 7.M.00 S 6,500.00 S 6,500.00 3 5.000.00 S 5.01.00 3 Construann Slaking 1 LS $ 9.575.1 $ 9,575.1 S 8,10.00 5 0,01 $ 5,01.1 $ 5,10.00 4 Traffic Congol8 Warning Signs 1 LS S 8.1.00 S 6.63.1 S 4,O .W $ 4,10.1 S 4,41.1 $ 4.00.1 5 Tronch GMe Conaete Channel WC I G.lea 4 1 L6 S 351711.00 $ 35,711.W $ 3410.00 S 34.10.1 S 30,10.1 3 W.1.00 a TranN Crate Conaete Channel WC I Grabs I 1 LS S 41,456.00 $ 41,458.1 S 52,000.1 S 52.000.00 3 40.000.00 $ 40,000.50 7 4W P*pro lene Slam pain Pipe 22 LF $ 107.00 S 2,354.1 $ 120.00 5 2.640.00 $ 190.00 $ 4,11.00 8 wpolypropylemestramDral n Pipe 1,971 LF S 88.31 3 134,639.01 $ 90.00 $ 177.31.00 3 90.00 $ 17,11.1 9 3T RCP CW.III Slam Drain Pipe 7 LF 5 140.58 3 986.02 $ 110.00 $ 770.1 3 120.1 3 840.1 10 4Wx RCPA Close III St.. Drain Pie 72 LF S 135.18 $ 9.732.96 $ 21.00 S 14.400.00 3 170.W $ 12.240.1 11 &Fml Diameter Standard Manhole 1 EA 3 6,393.1 $ 6,393.00 S 10.60O.W S 10,500.1 S 5,21.00 S 5,21.1 12 S ool Duman, Standard Manhole 11 EA S 3,958.18 $ 43,539.98 3 6,000.00 S 80,000.W S 5,700.1 S 62,71.00 13 Junctlom Mx STR.AS (662) 1 EA 3 6,196.00 $ 8,195.00 S 12,000.00 S 12.000.00 3 7,41.1 $ 7.400.00 14 Junction See No.2 (SD4) 1 EA 3 6,196.00 $ 8.196.00 3 10,0(10.00 5 10.000.00 3 7.81.1 $ 7,800.00 15 Outlet Stuctuaa ST2M9 SP3 1 EA S 19,18.00 $ 19,038.0 $ 8,000.1 5 8.10.1 5 8.7W.1 3 8.711 16 36' Slandard Cmaale HeathnM SD-1) 1 EA S 2,028.W 5 2,028.00 S 5.500.00 $ 5,51.1 S 5.31.1 3 5,31.1 17 Concede Headwall S9uelure (S0-4 S 6D5) 1 EA S 17,236.00 3 17,236.1 3 21,10.00 S 21,000.00 $ 25.000.1 $ 25,01.00 18 H.E,S. PC Conaete Pavement 8' TNck 11 BY 5 1.94 5 9,91246 S 54.0) $ 5,808.1 S 90.1 3 9,010.1 19 PC Conaele Side kPThick 62 BY 3 03.18 5 5,157.16 S 35.1 S 2,170.00 3 80.1 $ 3.720.00 20 V PC Conceit. Sloped Cure 5S LF $ 4326 S 2,509.08 3 21.00 S 1218.00 3 28.1 3 1.624.00 21 Low Water Concrete Crossing 504) 1 EA 3 8,145.00 $ a.145.00 $ 14.000.00 5 14,000.00 $ 10.01.W $ 10.00.W 22 Channel lmpro.mants(SpD 1 LS 5 10,869.1 5 18,889.00 S 14,1W.00 $ 14.100.00 3 20.000.00 $ 20,000.W 23 Chen ad lmprovemants (SD-4) 1 LS 3 70,757.1 $ 70,757.1 5 31,000.00 It 31,10.1 5 00.01.00 5 1.000.00 24 Ex. Brook6eM Detention Pond Modification; 1 LS 5 72,664.1 $ 72,864.1 S 43,10.00 S 43,000.00 3 W.00.1 S W.00.1 25 Existing Pond Modification 514 1 LS $ 31,834.00 $ 31,834.00 3 30,10.00 5 30.000.1 $ 25.W.W $ 25.1.00 26 Red .le Exrsgng Water Service Line 2 EA 5 6.4n.513 S 12,955.00 S 5.000.00 S 10.000.1 S 4,400.1 S 8,81.1 27 Relocate Fxi;ang irrigation SyMem 1 LS $ 1,127.1 3 1,127.00 5 1,000.00 It 1.1.00 5 2,31.1 S 2,30.00 28 Cement Brill Plug for Existing 3V CPP 1 EA S 1,014.00 $ 1,014.00 3 1141.1 $ 1.400.00 5 700.00 $ 71.1 29 Cement Bnrk Rug for Exlsang 24' CPP 1 EA S 901.1 5 901,0 S 121.1 S 1,200.00 S 7W.W $ 71.1 60 Calider Cement Fill 87 CY 3 101.39 S 8.820.93 S Mug S 15,225.00 3 120.1 3 ID,d40.1 31 Clay Waler61ms 2 EA 5 1,352.0 S 2,704.00 3 1,10.00 5 3,200.W S 50.00 It 11.1 32 CLSM Pedestal 3 EA S W7.1 $ 1,521.0 S Mot) S 1.500.00 S 620.00 $ 1,860.1 33 CLSM Cradle 1 EA S 169.00 $ 169.W $ 4,000.1 S 4.1.00 S 1,91.1 $ 1,10.1 34 RemovaiofE Ming Seucturoa 1 LS 5 13,510.00 S 13,510.1 $ 20.00.W 5 2010.00 5 15,01.00 3 15,1100.1 35 Solid Slab Bermuda Sod 2.649 SY $ 1.42 3 9,059.56 $ 4.50 $ 11.920.50 3 4.50 5 11,920.50 36 Solid Slab Fes.; Sad 2,450 SY S 6.00 5 16.10.00 $ SIM $ 14,71.W $ 4.75 $ 11,637.50 37 Seeding 25.625 BY 5 0.79 $ 20.24325 5 1.40 3 35,875.00 $ 1.20 5 3070.00 38 IT Rip Rap 193 BY 5 23.03 $ 4,44.79 S W.1 $ 9,650.00 5 40.W $ 7,720.00 39 G.1 give Cneasing 10 CY 3 47.10 S 471.00 S 84.00 $ 840.1 S 34.00 $ 340.00 41) G.vel Drive Rehabifitation (tike Kimn 1,29] BY S 4.32 S 5,03.4 S 10.00 S 12,970.00 S 8.50 $ 11,024.50 41 Gravel Ddva Rehae !nation (REaa Kncr R ua F 461 BY $ 4.71 $ 2.171.31 3 11.0 $ 5.071.1 3 18.00 5 5,298.00 42 Mehl Comer Pmt(SD & 16 5 ) 2 EA 5 1,690.1 $ 3,380.1 $ 600.1 S 1,21.1 It 750.1 S 1,500.00 Cl Reconstruct E,datim, Woad P&M Fan. ('1_1 205 LF 5 27.03 3 5,541.15 $ 38.00 $ 7.790.00 5 29.1 S 5,t145.W 4 Remnstruet Umi g Wood Pool B Rail Fen. 125 LF $ 24.89 $ 3.111.25 S 21.W $ 2.625.1 S 21.W 5 2.625.00 45 Exi5L Barbed Wus Fen. RePair 1 3 3.245.1 S 3,245.1 3 2.500.00 5 2.SW.W $ 1,81.1 $ 1.51.00 46 Re lam U.nn Trees 2 3 2253.1 5 4,506.0 0 $ 300.1 S 6W.W $ 500.00 $ 1,000.1 47 Rala.te Existing Storage Building 1 S 2,253.00 $ 2253.00 5 1,800.00 S 1,800.0 S 4=130 S 4,000.00 4 Relocation Fee to RWD 33. Washington Ce 2 dM 3 800.00 3 1,61.1 3 800.1 5 1.61.00 $ 600.00 $ 1.600.00 49 Propot Allawan. 1 S W.1.00 S 60.000.1 3 W.1.00 $ 1.00.00 S 60,01.00 5 60.1.1 50 Silt Par.(Wine Barked) 2,11 5 3.1 5 6,480.1 $ 2.50 S 5.41.00 S 325 S 7,020.1 51 Sift Dikes 21 $ a" 5 1.990.1 $ 10.00 S 2.01.00 $ 45.1 $ 9.10.W 5 011.007.47 $ 54.690.09 $ 566,1a.0 P, cllo0.4 ngjn Fir ncl'�1 I KELLOGG ENGINEERING9 INC. ENGINEERING • PLANNING • DESIGN 6755 S. 4060 RD. • TALALA, OK 74080 918.275.4080 a 918.275.7171 FAX Brookfield Crossing Storm Drain Improvements Project BID TABULATIONS Friday, January 20, 2017 is 978,N8.01 is - I is - I COMPANY NAME Cook C mulling No. ITEM UNITS 1 Mobilisation 1 IS s 7.000.0 5 7.WO.W $ 5 2 Emsion ConVol Plan 1 IS $ 5.00.W S 5,000.00 $ 5 3 ConstrucBan Slating 1 LS 5 5,000,00 S 5.000.00 S 5 - 4 Traffic Control &Warning Signs 1 LS S 5,00.00 5 5,000.0 $ S - 5 Trenctr Grate COndela Channel WIC l Crale3 1 1 LS 3 54,000.0 $ 54.00.0 $ It 6 Trendy Grote Concrete Channel vdC I Gratis 1 LS $ 93.00.W $ 93,(100.0 $ 5 7 14W PolonoW.n. St.. Cron. Pie 22 LF $ 264.0 S 5.808.W 5 3 a 38' Pd one Strom O iin Pie 1.971 LF Is 149.W $ 293,679.0 $ S 9 30' RCP Class III Storm Drain Pipe 7 LF 15 154. W $ 1.148.0 - 10 43'x28' RCPA Clan III St. Drain Pipe 72 LF Is 222.0 S 15.9&.0 3 5 11 &Foot Diameter Sfendid Manhpb 1 is 5.50.0 5 51500.0 S 5 12 &Fad Diameter Standard Manhole 11 EA S 4,80.W S 52,800.0 5 5 13 Junction Box SM. Ad 8P2) 1 EA S 121WO.W S 12.0.W S S - 14 J.Wi.n Sox W.2 (SD-4) 1 EA 5 17,54W.W 3 17,5W.W $ 5 15 Outlet Smrctunes STR. A,9 (S63) 1 FA S 10.00.00 3 10.00.W 3 5 - 16 35' Stoned Conerte Neadwal(SD-1) 1 EA $ 9.50().00 5 %igm.00 S 5 - 17 Cont. Neadwsg St(30.4 &SD-5 ) 1 EA $ 10MW $ 10.WO.W $ - 3 18 11.ES. PC Conaeb Pavement 6' Thies 10 SY 3 77.0 5 8,391W $ 5 19 PC COndete Sitlewalkd'Thid 0 SY $ Sam 5 4,218.0 $ S 20 e' PC Corioete SOW Cub as LF $ 210 3 1,334.0 S S 21 Low Water Concete CmssSrp SO-4) 1 FA $ 4,SW.W 5 4.50.W $ 5 - 22 Chenml lm mvements(SD -1) 1 LS 3 17.00.0 5 17,accim s 5 23 Channel lmpmmmads (SD-4) 1 LS 5 22.0.W $ 22.00.0 S S 24 Ex. Brookfield Oeteneon Ppntl Modifications 1 LS 3 27400.W S 27.0.00 3 S 25 Existing Pond MOdificsi (S0) 1 LS S 171000.00 S 17,WD.W $ 3 - 26 Relo ale Faistlng Water Service Use 2 I A 13 4,250.W 5 B,stm.O S 5 27 Rabcele EoMng Irrigation System 1 LB 13 7.W.W 5' 7,000.0 $ - S - 2B Cemenl Bria Plug for 15dan93P CPP 1 EA 13 1,5W.W $ 1,50.W S - 3 - 29 Cemenl Bfi& Rug for F'sgn 24'CPP 1 EA 3 1.50.0 S 1.50.0 5 5 30 CNIulu Cement FN 87 CY 3 120.0 S 10,440.0 $ 5 31 Clay Water Stops 2 EA $ 650.0 3 1,3W.W S 5 32 CLSM Pedestal 3 EA 3 1,000.W S 3,(M.0 $ s 33 CLSM Cradb 1 EA 3 1.0.0 $ 1.00.0 S 3 34 Removal of Ildsling Stmdurca 1 LS S 1,250.W $ 1,20.0 $ 5 - 35 SoUs Slab Bermuda Sod 2.649 SY 5 5.W $ 13,245.0 S 3 36 Wid Slab Fesme God 2,40 SY It SM $ .0 $ 5 37 Seedn 25.825 SY 5 2.50 50 $ S W 12' Rip Rap 193 SY S 70.W .W 5 $ - 39 Gtaval Ddve Crossing 10 CY S 29.W .0 S - S 4a Gravel Ddve ReInstIm nBon CUke Minor) 1,297 SY 5 22.50 50 $ 3 41 GmvW Nye Re"Wiafion ('tike lend' River 01 SY $ 27.0 7.0 S 42 Metal Comer Post (SD4 & SC-5) 2 EA 5 60.0.W 3 43 RecenoWd Edseng Wood Pfiva Fence ('U 205 Lf S 35.W 5.0 S " RemneWd Edsfin Wood Post &Rag Fence 125 LF 5 35.0 5.0 3 S 45 writ. Barbed Wine Fenm Repair 1 EA S 700.W It 7W.W 5 S 46 Replace Existing Tdee 2 EA S 1,SW.W S 3,00.00 s - s - 47 Rel.t. aitoting Slomp Mating 1 LS 5 1,500.0 $ 150.0 3 - S - 48 Relocation Fee to RWD S3, Washinbn CO 2 FA It 0().00 5 1,BW.0 S 3 - 49 Pmled Allowance 1 LS 5 W,O0.0 S So.M.W S - 3 - 5D Silt Fence(Wim Bated) 2.10 IF S 6.0 $ 12.980.W 1 3 51 Sill Dikes 20 LF $ 450 5 900.0 I s 5 is 978,N8.01 is - I is - I SECTION 00300 rMeN MUTU1101 THIS AGREEMENT is dated as of the 7th day of February, by and between The City of Owasso (hereinafter called OWNER) and Earth Smart Construction. Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: BROOKFIELD CROSSING STORM DRAINAGE IMPROVEMENT PROJECT CITY OF OWASSO, OKLAHOMA The project for which the Work under the contract documents may be the whole or only a part, is described as follows: Drainage Improvements to the Storm Drainage System, clearing the existing detention pond and cleaning out existing channels ARTICLE 2. ENGINEER The project has been assigned to the Project Manager or his/her duly authorized representative, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIME 3.1 The Work will be substantially completed within one - hundred fifty (150) calendar days from the date of Notice to Proceed; and completed and ready for final payment in accordance with the General Conditions within one - hundred eighty (180) calendar days from the date of Notice to Proceed, which will be on or before 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER, if the Work is any such proof. OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER One Thousand Dollars ($1000.00) for each consecutive calendar day that expires after the time specified in paragraph 3.1 for substantial completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER One Thousand Dollars ($1000.00) for each consecutive calendar day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds the amount agreed upon in CONTRACTOR'S bid. 4.2 CONTRACTOR understands that the estimated quantities are not guaranteed and that the determination of actual quantities and their classification is to be made by the OWNER at the time of application for payment. 4.3 Contract Amount: Six hundred, hventy -eight thousand, three hundred thirteen and 25/100 dollars ($628.313.25) ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions on the Pay Estimate Forms included as Exhibit "A" to this Agreement. Applications for Payment will be processed by OWNER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment in accordance with the City of Owasso's Payment Schedule included as Exhibit "B" to this Agreement during construction as provided below. All progress payments will be on the basis of the progress of the Work. 5.1.1 Progress payments shall not exceed an amount equal to 95% of the WORK completed until such time as CONTRACTOR shall complete in excess of five percent (5 %) of the contract amount. 5.1.2 Upon completion in excess of fifty percent (50 %) of the total contract amount, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as OWNER shall determine in accordance with the General Conditions, provided that OWNER has determined that satisfactory progress is being made, and upon approval by the Surety. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the Contract Price. ARTICLE 6. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself/herself with the nature and extent of Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports or explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except underground facilities) which have been identified in the Supplementary Conditions as provided in the General Conditions. Contractor accepts the determination set forth in the General Conditions of the extent of the "technical data" contained in such reports and drawings upon which Contractor is entitled to rely. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to underground facilities at or continuous to the site. Contractor has obtained and carefully studied (or assume responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 6.3 CONTRACTOR has made or caused to be made examinations, investigations, tests and studies of such reports and related data in addition to those referred to in paragraph 6.2 as (s)he deems necessary for the performance of the Work at the Contract price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including the General Conditions. 6.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6 CONTRACTOR has given OWNER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. 6.7 CONTRACTOR has obligated himself /herself to the OWNER to be responsible for the workmanship, labor and materials used in the project for one (1) year after the project has been accepted by the OWNER. 6.8 CONTRACTOR understands that (s)he will be exempt from all sales tax on materials and other items necessary for the completion of the project. The OWNER has issued him a Certification of Tax Exempt Project enclosed as Exhibit "C" of this Agreement. ARTICLE 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof, and consist of the following: 7.1 This Agreement (pages 1 to 6 inclusive). 7.2 Exhibits "A ", "B ", "C" and "D" to this Agreement. 7.3 Advertisement for Bids (Section 00100). 7.4 Requirements for Bidders (Section 00110). 7.5 Instructions to Bidders (Section 00120). 7.6 Bid (Section 00200). 7.7 Bid Bond (Section 00210). 7.8 Bid Affidavits (Section 00220). 7.9 Statement of Bidders Qualifications (Section 00230). 7.10 Certificate of Non- Discrimination (Section 00240). 7.11 Performance Bond (Section 00410). 7.12 Maintenance Bond (Section 00420). 7.13 Statutory payment Bond (Section 00430). 7.14 Notice of Award (Section 00510). 7.15 Notice to Proceed (Section 00520). 7.16 Change Order (Section 00600). 7.17 General Conditions (Section 00700). 7.18 Project Specifications (Section 00800). 7.19 Special Provisions (Section 00900). 7.20 Project Drawings, consisting of Sheets 1 to 11, inclusive, and Standard Drawings. 7.21 Addendum Numbers 1 to 1 , inclusive. 7.22 Documentation submitted by CONTRACTOR prior to Notice of Award (pages _ to inclusive). 7.23 Any Modification, including Change Orders, duly delivered after execution of Agreement. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a Modification (as defined in the General Conditions). ARTICLE 8. MISCELLANEOUS 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 8.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law) and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3 OWNER and CONTRACTOR each binds himself/herself, his/her partners, successors, assigns, and legal representatives to the other party hereto, his/her partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.3 The Agreement (or remaining portions thereof) should continue in effect, be valid and binding upon both parties even if a provision or part of the Contract Documents should be held void or unenforceable by law. IN WITNESS WHEREOF, the parties hereby have signed this Agreement in duplicate. One counterpart has been delivered to CONTRACTOR, the other belongs to OWNER. All portions of the Contract Documents have been signed by OWNER and CONTRACTOR. This Agreement will be effective on February 7, 2017. OWNER: City of Owasso CONTRACTOR: Earth Smart Construction. Inc. UZ Lyndell Dunn, Mayor (SEAL) ATTEST: Title Address for giving notices: 52 (SEAL) Title T out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Roger Stevens Public Works Director SUBJECT: West and East Frontage Road Projects - Agreement for Engineering Services DATE: February 3, 2017 BACKGROUND: West Frontaae Road Protect - North 1351h East Avenue Extension North 135th East Avenue serves as the western frontage road of US HWY 169. Currently, the service road commences from the north edge of McDonald's and Walgreen's on the north side of East 116th Street North to the southern edge of the southern driveway into Reasor's on the south side of East 1 16th Street North. This frontage road has only one access direction from East 116th Street North thus funneling all traffic through the some corridor. Extending the service road would provide another access point for commercial areas, reduce the amount of congestion on limited intersections, increase the access availability for emergency vehicles and in turn provide for further economic growth in areas that are currently inaccessible. East Frontaae Road Protect - North 140th East Avenue Realignment North Owasso Expressway serves as the eastern frontage road of US HWY 169. It extends from North 129th East Avenue to East 106th Street North; however the intersection at East 106th Street North is not in alignment with North 140th East Avenue that extends to the north up to East 116th Street North as the frontage road. The misalignment creates a hazardous interchange between intersections and has been identified to be in need of change. Creating an aligned intersection would provide the ability to signalize the intersection thus allowing for safer vehicular traffic and future pedestrian traffic. As this area of the City develops, the traffic issues will intensify and the opportunity to resolve the problem becomes more difficult with higher demanding traffic volumes and less undeveloped land to correctly align the streets together. Currently there are two proposed developments along this roadway just north of the bowling alley which triggered the discussions for the need to resolve the intersection misalignment in a timely manner. ENGINEER SELECTION PROCESS: Prior to construction, the first step in the process is to hire an engineer to perform the design duties. The engineer will design a three -lane roadway section matching current sections of North 1351h East Avenue and North 1401h East Avenue. Intersection improvements with signalization of the east frontage road with East 1061h Street North will be included in the design. The projects will be designed by the same engineering firm but will be bid and constructed as two (2) separate projects. 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. In 2015, Crafton Tull was hired by a local developer to design the roadway section from the southern edge of the southern driveway into Reasor's to the south approximately 1,300 feet. Although this roadway project was not constructed due to funding, Crofton Tull has knowledge of the project, along with the survey data and mostly importantly a partial design of the northern section of North 135th East Avenue. As a result, the staff provided a scope of services and requested a fee from Crofton Tull. 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 January 31, 2017, City staff and Crofton Tull came to an agreement relating to the engineering service fee. If approved, cost of engineering services will be a lump sum amount of $187,500.00 or 7.5% of the estimated construction cost. FUNDING: Funds are available in the Capital Improvements Budget for the planning phase. In addition, a development agreement will be forthcoming for your review and consideration. If approved, private funds in the amount of $250,000 would be utilized in conjunction with CIP funds for the construction phase. RECOMMENDATION: Staff recommends approval of an Agreement for Engineering Services with Crofton Tull in the amount of $187,500.00 for the West Frontage Road Project (North 135th East Avenue Frontage Road along the west side of US HWY 169, from East 116th Street North to East 106th Street North) and the East Frontage Road Project (reconfiguration of East Frontage Road and its intersection at East 106th Street North) and authorization for the Mayor to execute the agreement. /[IIC441Fdil4i!IEi Location Map Engineering Agreement /Exhibits N r-� C d E N 7 O e Q. 0 m V d N N a' w LO M pJ u u u R N N 0 E 0 u 0 v VI 0 a D C O u 9 UI N 10 U R 0 �i c R rn R 0 N O N U1 L a ID a ti R C) O O :4 0 0 €� o 0 C C �R u L {p 6 O m y � P R E .n S m U) o o. �a N � �a C N r � C .- E O N N R L N Q C E Nco U d N (D Q W O CI' T n T u V U N d E 0 u "o v O D C O u a d 4 IO U d N C 10 _ Qf O _ C N O N U/ L D N a 0 a N m m C) O o N cc N mm O o0 c c u y d� a �o o p rn Y a� v 3 0 o � � —L- a� u On CL m 0 N 4 w � LO O NO LO u r- E v N N �O L � O. AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK 135TH EAST AVE FRONTAGE ROAD ALONG THE WEST SIDE OF US HWY 169, FROM 116TH STREET NORTH TO 106TH STREET NORTH AND RECONFIGURATION OF EAST FRONTAGE ROAD & INTERSECTION AT 106TH STREET NORTH "` THIS AGREEMENT, made and entered into this day of , 2017 between the City of Owasso, Oklahoma, a Municipal Corporation, of Oklahoma, hereinafter referred to as CITY, and Crafton Tull & Associates, Inc., hereinafter referred to as ENGINEER; WITNESSETH: WHEREAS, CITY intends to 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 PROTECT. 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 AGREEMENT 1 FOR ENGINEERING SERVICES WITH EXHIBITS C -1 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 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. 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 which 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 7 FOR ENGINEERING SERVICES WITH EXHIBITS.DDC G2 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, attomey 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. 111.2. 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 1 FOR ENGINEERING SERVICES WITH EXHISITS.DOC 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: Crafton Tull & Associates, Inc. 220 East 8th Street, Tulsa, OK 74119 Attention: Chuck Mitchell AGREEMENT 1 FOR ENGINEERING SERVICES WITH EXHIBITS.000 CA To CITY: CITY OF OWASSO 301 W 2nd Avenue 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 ENGI NEETE; 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 in 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 AGREEMENT 1 FOR ENGINEERING SERVICES WITH EXHIBITS.DOC F5 of the ENGINEER. The ENGINEER will meet with the City staff initially and 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 Chuck Mitchell 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. APPROVED: City Clerk APPROVED AS TO FORM: City Attorney ENGINEER W. Charles Mitchell (Chuck Mitchell) Sr. VP, Crafton Tull & Associates, Inc. By: Date: 2/2/17 CITY OF OWASSO, OKLAHOMA Mayor Date AGREEMENT I FOR ENGINEERING SERVICES WITH EXHIWS.DDC C-6 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK * *135TH EAST AVE FRONTAGE ROAD ALONG THE WEST SIDE OF US HWY 169, FROM 116TH STREET NORTH TO 106TH STREET NORTH AND RECONFIGURATION OF EAST FRONTAGE ROAD & INTERSECTION AT 106TH STREET NORTH ** Scope of Project Attachment A SCOPE OF PROTECT. The PROJECT shall consist of civil engineering SERVICES described as follows: Produce construction documents for the construction of 1351h East Ave frontage road along the west side of US H6VY 169, from 116th Street North to 106th Street North and reconfiguration of east frontage road and intersection at 106th Street North. Refer to Attachment B for a more detailed scope of services. AGREEMENT 1 FOR ENGINEERING SERVICES WITH EXHIBITS.DOC C•7 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK " 135TH EAST AVE FRONTAGE ROAD ALONG THE WEST SIDE OF US HWY 169, FROM 116TH STREET NORTH TO 106TH STREET NORTH AND RECONFIGURATION OF EAST FRONTAGE ROAD & INTERSECTION AT 106TH STREET NORTH " 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 noice 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.1. Basic Services of ENGINEER. The basic services of the ENGINEER shall include, but are not limited to the following tasks: AGREEMENT t FOR ENGINEERING SERVICES WITH EXHIBITSAOC C-8 W. Charles Mitchell From: Stevens, Roger <RStevens @CityOfOwasso.com> Sent: Wednesday, February 1, 2017 1:48 PM To: W. Charles Mitchell Subject: Full Scope Chuck- Please use this language for Attachment B ScopeofServices AttachmentB The services to be performed by the ENGINEER under this AGREEMENT will consist of providing civil engineering services for the SCOPE OF PROTECT 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.1. Basic Services of ENGINEER. The basic services of the ENGINEER shall include, but are not limited to the following tasks: B.l.a) Attend an initial kick -off meeting and monthly design workshops, associated with the PROJECT, through the substantial completion of the PROJECT design. B.l.b) Coordinate all subconsultant designs for the PROJECT. B.l.c) Document all PROJECT design workshops, conferences and coordination and send documentation to the CITY within five (5) working days of the workshop. Documentation of City Council meetings is excluded from this requirement. If coordination meetings are held with other consulting firms which are responsible to document the meeting, review and confirmation of the documents prepared by others will suffice for this requirement. B.l.d) Perform all necessary geotechnical, traffic and hydrologic studies or investigations for the PROJECT unless expressly written in other areas of this AGREEMENT. B.l.e) Obtain "property reports" for all unplatted tracts of land along the project corridor. Provide appropriate right -of -way limits by pluses and offsets on the construction plans and will prepare right -of -way documents. These documents will include title reports for surface rights and plot plans for each parcel acquired. The scope assumes a maximum of five (5) title searches and ten (10) plot plans for each parcel or temporary easement required for this B.l.f) Fumish engineering data, where necessary, for the coordination of the PROJECT with other local projects or with state or federal authorities. B.l.g) Prepare all drawings in conformance with CITY drafting standards. B.l.h) Prepare designs 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 on Uniform Traffic Control Devices (MUTCD) and the City of Owasso Standards or as mutually agreed upon otherwise. 13.1d) Prepare and submit, on behalf of the City, applications for construction permits granted by the U.S. Army Corps of Engineers (USACE) and the Oklahoma Department of Environmental Quality (ODEQ). Plans for the east frontage road re- alignment shall also be submitted to ODOT DIV VIII for their review and approval. B.l.j) Prepare construction documents utilizing the CITY and Oklahoma Department of Transportation standard drawings, details and specifications. Where there is a conflict, City of Owasso details and standards apply, including pay quantities and how the items are measured and paid. 13.11) Provide Utility Relocation coordination for other private utilities within the PROJECT limits. B.1.1) Provide an engineer's opinion of probable costs for the PROJECT with each submittal. B.2 CONCEPTUAL DESIGN REPORT PHASE (30 %) B.2.a) Collect traffic data and prepare a Traffic Study to evaluate signal timing and lane configurations for the 106th Street North and East Frontage Road intersection. B.2.b) Conduct geotedlnical investigations and provide a report of findings including a pavement section recommendation for concrete pavement only. B.2.c) Collect property report information for all unplatted parcels adjacent to the PROJECT corridor. B.2.d) Prepare preliminary hydraulic studies and a preliminary assessment of hydraulic conditions for major creek crossings along the project corridor for inclusion in the Conceptual Design Report. B.2.e) Prepare conceptual level plan and profile sheets in adequate detail to prepare an engineer's opinion of probable cost for the project and to show conceptual plan and profile of roadway geometries and major stormwater collection systems. Proposed sidewalks, Washington County RWD#3 waterlines and the sanitary sewer will be shown in plan view only. Right of way needs, and private utility relocation needs will be noted. Conceptual Plans will be prepared on the topographic survey base drawing prepared by the CITY. 13.21) Prepare a Conceptual Design Report with a summary of all investigations and findings, along with the Conceptual Plan & Profile sheets and an engineer's opinion of probable cost. Deliverables will include three (3) bound Conceptual Design Reports, an electronic version of the Conceptual Design Report and five (5) full size sets of Conceptual (30 %) Plans. B.2.g) Meet with CITY to discuss comments and questions from CITY for the Conceptual Design Report. B.2.h) Address comments and questions from CITY staff and submit a revised Final Conceptual Design Report and one (1) electronic copy of the revised Final Conceptual. Design Report to the CITY. B.3 PRELIMINARY DESIGN PHASE (60 %) B.3.a) Finalize hydraulic studies and prepare a Hydraulic Report for the PROJECT. Submit three (3) bound copies of the Hydraulic Report and one (1) electronic (.pdf) copy. B.3.b) Coordinate with the utility companies to ensure all existing facilities are correctly indicated on the topographic survey, the PROJECT impact on those facilities and the anticipated needs for relocation of existing facilities. B.3.c) Prepare Preliminary Design Plans incorporating the comments and discussions presented in the Final Conceptual Design Report. Preliminary Design Plans shall include as a minimum: 1. Cover Sheet 2. Preliminary Summary of Pay Items & Pay Item Notes 3. Typical Section Sheet(s) 4. Roadway Summary Tables 5. Drainage Map 6. Summary of Hydrologic and Hydraulic Data 7. Summary of Inlet and Pipe Designs 8. Survey Data Sheet prepared by the surveyor of record 9. Right of Way Map(s) 10. Demolition Sheet(s) 11. Geometric Plan Sheet(s) 12. Roadway Plan & Profile Sheet(s) 13. Water Line Relocation (if needed) Plan & Profile Sheet(s) 14. Sewer Line Relocation (if needed) Plan & Profile Sheet(s) 15. Traffic Signal Plan(s) 16. Preliminary Details for non- standard construction items 17. Preliminary Construction Sequencing (for in front of the church and on the east service road) Sheets 18. Pavement Marking Plan 19. Cross Sections B.3.d) Deliverables will include five (5) full size paper sets and one electronic (.pdf) version for half size Preliminary (60 %) Design Plans and an updated engineer's opinion of probable cost. ENGINEER will coordinate and provide Preliminary Plans to the Washington County Rural Water District #3, as necessary. B.3.e) Meet with CITY to discuss comments and questions from CITY staff for the Preliminary (60 %) Design Plans. 13.31) Based on comments from Preliminary Design review meeting, prepare and provide legal descriptions and right of way documents to CITY to begin right of way acquisition process. B.4 FINAL DESIGN PHASE (90 %) B.4.a) 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 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.b) N/A B.4.c) Prepare Final Design (90 %) construction drawings based on review comments from the Preliminary Design Phase (601/6). Additional sheets to be prepared beyond the Preliminary Plan submittal include: 1. Summary of Pay Item Sheets & Notes (Traffic Signal) 2. Summary of Pay Item Sheets & Notes (Landscaping) 3. Summary Tables as needed 4. Stormwater Management Plan Sheet 5. Traffic Signal Detail Plans/ Wiring Diagrams 6. N/A 7. N/A 8. Traffic Control /Traffic Signage during construction 9. Joint Layout Sheet(s) 10. Driveway Detail Sheet(s) 11. Intersection Detail Sheet(s) B.4.d) Prepare Draft versions of any necessary Special Provisions or Special Specifications for all construction activities associated with the PROJECT that are not covered in the standard specifications. Planting, irrigation and median topsoil specifications. B.4.e) Prepare Draft versions of all USACE and ODEQ permit applications. B.4.0 B.4.f) Deliverables will include five (5) full size (22" x 34 ") paper sets and one (1) 11 "x17" electronic (pdf) version of the Final Plans, an updated engineer's opinion of probable cost and draft versions of all ODEQ and USACE permit applications. ENGINEER will coordinate and provide Final (90 %) Plans to the Washington County Rural Water District #3, as necessary. B.4.g) Meet with CITY to discuss comments and questions from CITY staff for the Final (90 %) Design Plans. Address comments and questions from CITY staff, as requested, and submit an electronic version of the corrected Final (90 %) Design Plan. B.4.h) Revise as necessary and submit to CITY all ODEQ and USACE permit applications. B.4.i) Completion of deliverables as stated for the FINAL DESIGN PHASE will be considered the "Substantial Completion" date for the PROJECT design for this AGREEMENT. B.4.j) Attend Public Meeting to discuss project with local residents and businesses. B.5 FINAL CONSTRUCTION DOCUMENTS PHASE (100 %) B.5.a) Finalize all construction documents in accordance with changes agreed upon by CITY and ENGINEER. B.5 b) Revise all Special Provisions or Special Specifications per City comments. B.5.c) Review all utility relocation plans with respect to all changes incorporated into the Final Construction Documents from previous plan submittals and submit to CITY for approval. B.5.d) Update any right of way documents needed to comply with changes in design or utility relocation plans. B.5.e) Provide an Engineer's opinion of Probable Cost in a format acceptable to the CITY. B.5.f) Provide one full size (22 "x34 ") paper set of Construction Plans, signed and sealed by the ENGINEER and subconsultants as required for CITY approval and use in advertising the PROJECT for bids. B.6 UTILITY RELOCATION SERVICES B.6.a) 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 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.6.b) Attend meetings with utility companies and CITY as necessary. ENGINEER to coordinate meeting locations with CITY and utility companies B.7 LIMITED BIDDING ASSISTANCE SERVICES B.7.a) ENGINEER shall provide Plans, Specifications and Contract documents for the bidding process. CITY will be responsible for the distribution of bidding documents to prospective bidders. B.7.b) Respond to questions from prospective Contractors during the bidding period. Document all responses to the CITY (email correspondence with the CITY is deemed adequate for documentation). B.7.c) Attend one Pre -Bid Conference. B.7.d) Assist the CITY in the preparation of any addenda from the Pre -Bid Conference. B.7.e) Prepare a tabulation of all bids (Bid Tab) with a Letter of Recommendation to Award. B.8 LIMITED CONSTRUCTION PHASE SERVICES (Hourly) B,8.a) Attend the Pre -Work Conference. B.8.b) Provide up to five (5) copies of Construction Plans to the Contractor. B.8.c) Review and approve contractor submittals for non - standard items called for in the construction plans. B.8.d) Respond to Request for Information (RFI) from the contractor as requested by the CITY. B.8.e) Visit PROJECT site, as requested by CITY, to address issues encountered during construction that are not addressed in the construction drawings. B.8.0 Assist the CITY in Change Order preparations. B.B.g) Attend Substantial Completion meeting and assist in creating a punch list. B.8.h) Attend the Final Inspection. B.8.i) Prepare Record Drawings for the PROJECT. Record Drawings will be based on notes provided by the CITY to the ENGINEER for inclusion in the Record Drawing set. The provided notes will be incorporated into the Construction Plans, electronically, with appropriate notes and details lined thru to indicate where field changes were made. Field surveying of the "as- built" conditions is not considered part of this service. Deliverables shall include one (1) paper copy, an electronic version (.pdf), and Autocad file drawings. Roger Stevens City of Owasso Public Works Director AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK ** 135TH EAST AVE FRONTAGE ROAD ALONG THE WEST SIDE OF US HWY 169, FROM 116TH STREET NORTH TO 106TH STREET NORTH AND RECONFIGURATION OF EAST FRONTAGE ROAD & INTERSECTION AT 106TH STREET NORTH'* 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 C.1.2 Standard construction drawings and standard specifications C.1.3 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. C_4 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 7 FOR ENGINEERING SERVICES WITH EXHIBITSDOC G9 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK * *135TH EAST AVE FRONTAGE ROAD ALONG THE WEST SIDE OF US HWY 169, FROM 116TH STREET NORTH TO 106TH STREET NORTH AND RECONFIGURATION OF EAST FRONTAGE ROAD & INTERSECTION AT 106TH STREET NORTH ** 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. D1 Total Compensation For the work under this project the total maximum billing including direct costs and subconsultant services shall be One Hundred Eighty Seven Thousand and Five Hundred Dollars ($187,500.00) 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.3.3 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 Payment 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 10 and owing within thirty days of ENGINEER'S submittal of his progress payment invoices. 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. AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK * *135TH EAST AVE FRONTAGE ROAD ALONG THE WEST SIDE OF US HWY 169, FROM 116TH STREET NORTH TO 106TH STREET NORTH AND RECONFIGURATION OF EAST FRONTAGE ROAD & INTERSECTION AT 106TH STREET NORTH ** Billing Rate Sheet Attachment E CITY SHALL REPLACE THIS PAGE WITH ENGINEER'S RATES AND REIMBURSABLE EXPENSES 12 Crafton Tull architecture I engineering I surveying Exhibit',E " Standard Hourly Rate Schedule Effective January 1, 2017 Rate . --" . ............................... 1 ..- ENGINEERING MANAGER ....................... $ 155 'INEERING MANAGER ............................. $ 135 PROJECT ENGINEER .............................. $ 115 )JECT ENGINEER ..... ............................... $ 105 ']NEER INTERN If .................................... $ 90 HNEER INTERN I ..................................... $ 80 ENGINEERING DESIGNER ....................... $ 120 'INEERING DESIGNER [it ......................... $ 95 'INEERING DESIGNER 11 ................. $ 85 NNEERING DESIGNER I ...... ........ ........... $ 75 ANEERING CAD TECHNICIAN Ill .............. $ 70 'INEERING CAD TECHNICIAN 11 ................ $ 55 'INEERING CAD TECHNICIAN I .. ............... $ 45 . .—.— — ........................ Hourly MANAGER ..................... $ 120 IV...... ............................... $ 80 Ill......................... I........... $ 65 II....... ............................... $ 45 ................................. --. $ 35 . . . ............ ........... , — NDSCAPE ARCHITECT ............... $ 90 ARCHITECTURE DESIGNER ....... $ 80 ARCHITECT INTERN .................. $ 55 .................. ...... ......... , • .- PLANNER ............. ....... ................... --, $ 125 NNER.................................................... $ 90 NNER INTERN ......... ............................... $ 75 Combined Hourly Category Rate SR. INSPECTOR ............ ............................... $ 95 INSPECTOR 11 ............... ............................... $ 85 INSPECTOR I................ ............................... $ 55 PROFESSIONAL SURVEYOR PRINCIPAL ......... $ 170 SR. PROFESSIONAL SURVEYOR ................... $ 125 PROFESSIONAL SURVEYOR ......................... $ 95 SURVEY COORDINATOR ............................. $ 85 SURVEYOR INTERN ...... ............................... $ 75 SURVEY PARTY CHIEF .. ............................... $ 70 SURVEY TECHNICIAN Ill ............................... $ 55 SURVEY TECHNICIAN If . ............................... $ 40 SURVEY TECHNICIAN I ................................. $ 30 GIS MANAGER ............................................. Ub GIS ANALYST ................................ ... - .... - ... $ 85 GIS TECHNICIAN 11 ........ ............................... $ 55 GIS TECHNICIAN I ......... ............................... $ 40 1111MV-153M GPS Equipment ................... .......................$35 /Hour Robotic Survey Equipment ...........................$20 /Hour UDAR Scanning Equipment ........................ $3511-lour Job Related Mileage .................................... $0.53/Mile Per Diem for Out of Town Crews..... Per GSA Allowable Airfare and other travel related expenses .......... At Cost Black and white 8.5 "x11" Copies .............. $0.15/sheet Color 8.5 "x11" Copies ............................ $1.50/sheet Photo Paper Color Plan Sheet Copies ...... $0.75/sq. ft. Reproducible Plan Copies (Vellum) ........... $1.601sq. ft Reproducible Plan Copies (Bond) ............. $0.351sq. ft. X If rates are subject to change without notice. AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK * *135TH EAST AVE FRONTAGE ROAD ALONG THE WEST SIDE OF US HWY 169, FROM 116TH STREET NORTH TO 106TH STREET NORTH AND RECONFIGURATION OF EAST FRONTAGE ROAD & INTERSECTION AT 106TH STREET NORTH ** Schedule Attachment F F. SCHEDULE. The schedule for general engineering services for the PROJECT is provided as follows: F.1. Notice to Proceed: F.2. Substantial Completion: From Notice to Proceed date: Conceptual Design Report Phase (30 %) ---------- - - - - -- 45 days Preliminary Design Phase (60 %) ---------------------- - - - - -- 45 days Final Design Phase (90 %) 45 days Final Construction Documents Phase (100 %) ------ - - - - -- 105 days Total Duration ---------------- - - - - -- 240 days (Note: This assumes 5 months for ODOT to review and permit from the 60% phase) is CRAFT -1 OP ID: TR Aco20 CERTIFICATE OF LIABILITY INSURANCE DATE 11H5/2016 512016 11 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(les) must be endorsed. If SUBROGATION IS WANED, 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 Ileu of such endorsement(s). PRODUCER First Western Insurance 2601 champions Drive Rogers, AR 72756 John Cobb CONTACT NAME: John Cobb PHONE o Ea,479.675 -2400 F� a,: 479-676-2987 E -MAIL ADDRESS: trodatz@fwinsurance.net INSURER(S) AFFORDING COVERAGE HAD# 11!0112016 INSURER A: EMCASCO Insurance Company 21407 $ 1,000,00 INSURED Crafton Tull & Associates Inc. Jim Tull INSURER B: $ 1,000,00 X MEDEXP(Anyonapeccon) 901 N 47th St. Ste 200 INSURER-C: primary/noncontri INSURER D : $ 1,000,00 Rogers, AR 72756 INSURER E; S 2,000,00 PRODUCTS - COMP /OP ADD INSURER F: Emp Ben, Is 1,000,00 COVERAGES CERTIFICATE NUMBER: 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. ITR L TYPE OF INSU ANCE IN SD R POLICY NUMBE0. POLICY FF MMDD P MWDD LIMITS A • • X COMMERCIAL GENERAL LIABILITY CIAiMS -MADE OCCUR Additional insure 063257 11!0112016 11101/2017 EACHOCCURRENCE $ 1,000,00 PREMISES Ee occurrence $ 1,000,00 X MEDEXP(Anyonapeccon) $ 10,00 X primary/noncontri PERSONAL &ADV INJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY � JEC07 LOG OTHER: GENERAL AGGREGATE S 2,000,00 PRODUCTS - COMP /OP ADD $ 2,000,00 Emp Ben, Is 1,000,00 A AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X HIREDAUTOS X AU -OWNED X Med Pay 4E83257 11/01/2016 1110112017 COMBINED SINGLE LIMIT $ 11000,00 BODILY INJURY (Per person) S BODILY INJURY (Par accident) $ PPReOPPE T ; DAMAGE $ s • X UMBRELLALIAB EXCESS LIAR X OCCUR CLAIMS -MADE 4J83257 11/0112016 11/01/2017 EACHOCCURRENCE $ 10,000,00 AGGREGATE $ 10,000,00 DED I X I RETENTIONS 10000 $ • WORKERS COMPENSATION ANDEMPLOYERS'LIASIU`1Y ANY PROPRIETOWPARTNEWEXECUTIVE YIN (Mandatory In NH) EXCLUDEDT n yas, describe undo, DE SCRIPTIONOFOPERATIONSbelow 4M83257 AR OK TX KS LA 11/01/2016 11101/2017 PER OTH- X STATUTE ER ELEACHACCIDENT $ 1,000,00 E-L DISEASE - EA EMPLOYEd $ 1,000,00 E.L DISEASE - POLICY LIMB 1 $ 1,000,00 • A Valuable Papers Inland Marine 4CB3257 4AB3257 1110112016 1110112016 11/01/2017 11101/2017 V Papers 150,00 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD1a1,Additlonel Romarka SChoduia ,maybaattaehadlfmorespacols roqulred) For Proposal Only 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 �R�EP�RESENTATIVE�� /�/y U WtHI.2014 ACUKU CUKFUKA I IUN. Ali rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD Client #: 25225 CRAFTULt ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MMroOMVY 1v1s/201s 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 poifcy(les) must 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 C N ME: Nicole Larsen Grayling Ins. Brokerage /EPIC 3780 Mansell Road, Suite 370 WD!N an: 770-5524225 Fuc ax N 866- 550.4082 E-MAa . Nicole.Larsen@ re lin .com Alpharetta, GA 30022 INSURER IS) AFFORDING COVERAGE NAICR INSURER A; Continental Casualty Company 20443 $ INSURED Grafton, Tull &Associates, Inc. 901 N 47th Street INSURER B: $ — INSURERC _, MED EXP (Any am arson .Suite 200 INSURER D: $ GEN'L AGGREGATE LIMIT APPLIES PER: PRO - POLICY EIJECT 0 LOC OTHER: GENERAL AGGREGATE Rogers, AR 72756 INSURER E: $ INSURER F: $ COVERAGES CERTIFICATE NUMBER: 16.17 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 CONTRACTOR 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. LTSR TYPE OFINSURANCE DDL UER POLICY NUMBER MFRILDp/YYEYFF BPOLIpY IXP DMTTS COMMERCIAL GENERAL LIABILITY AL CLAIMS-MADE LJ OCCUR EACH OCCURRENCE $ ENiED $ MED EXP (Any am arson PERSONAL &ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: PRO - POLICY EIJECT 0 LOC OTHER: GENERAL AGGREGATE PROOUCTS- COMP /OPAGG $ $ AUTOMOBILE LIABILITY ANY AUTO AUTO ALLOWNED SCHEDULED HIFEDSAUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) $ BODILY INJURY(Per accidem) $ PROPERTY DAMAGE $ UMBRELUUA13 EXCESS LMB OCCUR CLAIMS -MADE EACHOCCURRENCE It AGGREGATE DED I I RETENTION$ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN OFFICEORMEMBEE EXCLUOEDp ECUTNE❑ (Mandatory in NH) It yes, tlasube under ors, FOPEflATION NIA PER 0TH- 11=1 ITF E.I. EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE EL DISEASE - POLICY LIMB A lProfessional Liability Incl. Pollution AEH288254422 0/30/2016 10/30/2017 Per Claim $5,000,000 Aggregate $5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached It more space Is requlred) For Proposal Only 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 (91988.2014 ACORD CORPORATION. All rights reSerVed. ACORD 25 (2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S607681/M568408 NLAR1 OT MCt Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Daniel Dearing, P.E., CFM Sr. Civil Engineer SUBJECT: Central Park Channel Improvements Engineering Services Amendment DATE: February 3, 2017 BACKGROUND: The Central Park drainage channel is located between East 861h Street North and Owasso Mid - High School. The channel commences northwest of the East 861h Street North /North 123rd East Ave Intersection at the bridge and traverses northeasterly between the commercial property housing, State Farm Insurance office and Lake Ridge Subdivision. The channel continues toward the new SAHO building and enters the property owned by residents in Central Park II: Lastly, the channel turns into the Owasso Public School property and connects with the Central Park detention pond outlet. This project was listed as a priority project in the 2005 Master Drainage Plan (MDP). Funds from the stormwater fund have been budgeted to provide the initial design survey and engineering design for the project. The purpose of this project is to realign the channel into the existing drainage easement with the use of an articulated concrete bottom and Recon block wall, similar to what was used at the Three Lakes Channel Project in 2013. Meshek and Associates, PLC, was hired for $66,760.00 to design the channel improvements. They have been working diligently toward getting the project designed. A design addition has been added beyond the original Scope of Work and staff is submitting this additional service for Council approval. ADDITIONAL SERVICES After surveying the project and laying out the design of the proposed drainage channel, Meshek and City staff identified the following needs for additional design: a) Relocate a portion of sanitary sewer main to move it out of the drainage easement and out from under the proposed channel and back into a utility easement, b) Remove private service lines from under the proposed channel, and c) Realign the proposed channel to its intended location in the drainage easement without sanitary sewer manholes and lines impeding the alignment and flow lines of the channel. The proposed design amendment would increase the contract by $26,310.00 for a total contract amount of $93,070.00. FUNDING: Funds are available in the FY 2016 -2017 Stormwater Fund Budget. RECOMMENDATION: Staff recommends approval of Amendment No. 1 to the agreement for professional engineering services with Meshek and Associates, PLC for Central Park Channel Improvements in the amount of $26,310.00. ATTACHMENTS: Proposed - Amendment No. 1 to the Agreement for Professional Engineering Services Location Map AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FfOU THE CITY OF OWASSO, OKLAHOMA CENTRAL PARK CHANNEL IMPROVEMENTS THIS AMENDMENT No. 1, to the Agreement for Professional Engineering Services is made and entered into this day of 20 , between the CITY of Owasso, Oklahoma, a municipal corporation of the State of Oklahoma, hereinafter referred to as CITY, and Meshek & Associates, PLC, a professional limited liability company organized under the laws of the State of Oklahoma hereinafter referred to as ENGINEER; WITNESSETH: WHEREAS, CITY and ENGINEER entered into an AGREEMENT, dated July 24, 2015, under which the ENGINEER was to provide professional services for CENTRAL PARK CHANNEL IMPROVEMENTS, hereinafter referred to as the PROJECT, and WHEREAS, CITY requires certain additional professional services in connection with the PROJECT, hereinafter referred to as the SERVICES, thereby necessitating the amending of the AGREEMENT; WHEREAS, ENGINEER is prepared to provide such SERVICES; WHEREAS, funding is available for the PROJECT. NOW, THEREFORE, in consideration of the promises contained herein, the parties agree to amend the AGREEMENT as follows: 1.0 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 AMENDMENT. 2.0 COMPENSATION. The CITY and the ENGINEER agree that the ENGINEER shall be compensated for these additional services on an hourly basis in accordance with Attachment D, COMPENSATION FOR ADDITIONAL SERVICES, which is attached hereto and incorporated by reference as part of this AMENDMENT NO. 1. 3.0 All other terms and conditions of the AGREEMENT of July 21, 2015, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this AGREEMENT on the respective dates herein below reflected to be effective on the date executed by the Mayor of the City of Owasso. Meshek & Associates, PLC Benja n W. Fletcher, Manager Date 1/24/2017 (SEAL) APPROVED: CITY OF OWASSO, OKLAHOMA City Clerk Mayor Date ATTEST: RECOMMENDED: Attorney City Engineer F, ATT. "B" AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR THE CITY OF OWASSO, OKLAHOMA CENTRAL PARK CHANNEL IMPROVEMENTS SCOPE OF SERVICES ATTACHMENT B B. SCOPE OF SERVICES. The Scope of Services shall be amended as follows: The scope of services included as Attachment B of the original contract dated July 21, 2015 will remain unchanged. Additional services included with this Amendment are: • Design of the Central Park Channel Realignment. • Design of the Sanitary Sewer relocation required for the realignment of the Central Park Channel. • Update of the construction plans and cost estimate for the Central Park Channel Improvements M ATT. "D" AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR THE CITY OF OWASSO, OKLAHOMA CENTRAL PARK CHANNEL IMPROVEMENTS ATTACHMENT D COMPENSATION FOR ADDITIONAL SERVICES D. COMPENSATION. ENGINEER shall be paid as compensation for the professional services set forth in this Amendment No. 1, an amount not to exceed twenty -six thousand three hundred ten dollars and 00/100 Dollars ($26,310.00). The ENGINEER acknowledges the following summary of modifications to the Fee Schedule as stated in the original Contract and modified by Amendment No. 1: Original Contract Amount Amendment No. 1 $ 66,760.00 $ 26,310.00 Total Amended Contract Amount $93,070.00 D -1 F • al.�. I a V 1 =4 � I Y - ,F - Yl nre7Vt -gr .Ntsn[Kilt"Pf ', T T r :a CITY OF OWASSO CENTRAL PARK P.O. 180 Owasso, OK 74055 918.272.4959 DRAINAGE CHANNEL www.cityofowasso.com PROJECT LOCATION MAP I\ 7/7/:015 E 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: Ordinance 1096 - Amending Owasso Zoning Code, Chapter 6, Section 650 - Sexually- Oriented Businesses DATE: February 3, 2017 Review of the Owasso Zoning Code has revealed that there are certain types of business that would be considered of an adult or sexually- oriented nature that are not adequately addressed in the Owasso Zoning Code. Staff has brought forward possible changes for consideration by the Planning Commission and City Council. ANALYSIS: Per the Owasso Zoning Code, a sexually - oriented business is considered one of the following: • Adult Amusement of Entertainment • Adult Bookstore • Adult Mini - Motion Picture Theater • Adult Motel • Adult Motion Picture Arcade • Adult Motion Picture Theatre • Massage Parlor • Model Studio • Sexual Encounter Center *Please see attached Section 650 for full definitions. The Zoning Code currently states that: "No person shall cause or permit the establishment of any of the sexually oriented businesses as defined in Section 650. 1, in an area zoned other than "CH" and "CG ". In addition, no person shall cause or permit the establishment of any of the sexually oriented businesses, as defined in Section 650. 1, within one thousand (1000) feet of any other sexually oriented business, or within one thousand (1000) feet of a church, day care, school (type which offers a compulsory education curriculum), public or private park, or within one thousand (1000) feet of areas zoned residential or within one thousand (1000) feet of a non - arterial street which provides access to a residentially zoned area. Provided further that the Planning Commission may permit by a Specific Use Permit sexually oriented businesses, as defined in 650.1 in an IL, IM, or 1H District, subject to the distance limitations set forth herein." Cities are legally required to allow commercial businesses of all types, but can add additional regulations via zoning to ensure that businesses are located in appropriate locations. This additional proposed language regarding sexually- oriented businesses is designed to ensure that these types of sexually- oriented businesses are only allowed in areas that would be least impactful to the community and far from areas where populations of children and families are found. The proposed change to Section 650 would add another category of definitions to the sexually - oriented businesses, make additional requirement that no children under the age of 18 be allowed inside and ensure that no sexually- oriented products can be displayed in windows. The additional category under sexually- oriented business would read: "Adult Toy or Novelty Store: An establishment having as greater than a 10% portion of its stock or display area in toys novelties costumes accessories and other materials related to Sexual Conduct Specified Anatomical Areas or erotic entertainment." Staff feels that the addition of this language would ensure that all types of sexually oriented businesses would be listed and regulated accordingly. Due to changes in business models since the original section of the code was written, boutiques and adult novelty shops are currently allowed in any retail zoning district of the City without having to meet the sexually- oriented business requirements. The other addition to the Zoning Code would be the following 2 sections: "All businesses that meet the definition of a sexually- oriented business shall not have any items displayed in the windows in public view. All exterior windows and doors shall be opaque so as to prohibit the viewina of any items from outside of the store." "Persons under the age of eighteen 08) shall not be permitted in any sexually- oriented business. Every sexually- oriented business shall display sianage prohibiting persons under the age of eighteen f 18) within the business." Staff feels that the addition of this language would ensure that if a business did locate within Owasso, all possible protections of the public are made, especially in reference to children and families. As a part of the recommended language addition to chapter 650, staff will ask the Council to declare an emergency of Ordinance 1096. Declaring an emergency will make Ordinance 1096 effective immediately. PLANNING COMMISSION: The Planning Commission will consider this item at a Special Meeting on February 6, 2017. Staff will recommend approval of the attached language to the Planning Commission. Staff will provide the Council with an update of the Planning Commission's action, along with any proposed changes to the language. RECOMMENDATION: Staff recommends approval of Ordinance 1096, amending the language of Chapter 6, Section 650 of the Owasso Zoning Code. Additionally, staff recommends approval of the declaration of an emergency for Ordinance 1096, making the ordinance effective immediately. ATTACHMENTS: Ordinance 1096 Current Version of Chapter 650 of the Owasso Zoning Code CITY OF OWASSO, OKLAHOMA ORDINANCE 1096 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 6 COMMERCIAL DISTRICT PROVISIONS, 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. WHEREAS, public hearings have been held regarding the request for the amendments to the Owasso Zoning Code herein described, and WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all statements for or against the requested amendments to the Owasso Zoning Code NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION ONE (1): Part 12, Planning, Zoning and Development, Chapter 2, Zoning Regulations, Sub - Chapter 6, Commercial District Provisions, Section 650 of the Owasso Code of Ordinances, shall be amended to read as follows: SECTION 650 LOCATIONS OF SEXUALLY ORIENTED BUSINESSES 650.1 Definitions As used in this Section, the terms sexual conduct and specified anatomical areas shall mean as follows: 1. Sexual Conduct includes the following: A. The fondling or other touching of human genitals, pubic region, buttocks, or female breasts; B. Ultimate sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, sodomy; C. Masturbation, and; D. Excretory functions as part of or in connection with any of the activities set forth in (A) through (C) above. 2. Specified Anatomical Areas includes the following: A. Human genitals, pubic region, buttocks, and female breasts below a point immediately above the top of the areolo. B. Human male genitals in a discernible turgid state, even if completely and opaquely covered. For the purpose of this Ordinance, sexually- oriented businesses are defined as follows: 1. Adult Amusement or Entertainment: Amusement or entertainment which is distinguished or characterized by an emphasis on acts or materials depicting, describing or relating to Sexual Conduct or Specified Anatomical Area, as defined herein, including but not limited to topless or bottomless dancers, exotic dancers, strippers, male or female impersonators or similar entertainment. 2. Adult Toy or Novelty Store: An establishment having as qreater than a 10% portion of its stock or display area in toys novelties costumes accessories and other materials related to Sexual Conduct, Specified Anatomical Areas or erotic entertainment 3. Adult Bookstore: An establishment having as a significant portion of its stock in trade books, film, magazines and other periodicals which are distinguished or characterized by an emphasis on depicting or describing Sexual Conduct or Specified Anatomical Areas. 4. Adult Mini Motion Picture Theater: An enclosed building with a capacity of less than 50 persons used for presenting material distinguishing or characterized by an emphasis on depicting or describing Sexual Conduct or Specified Anatomical Areas. 5. Adult Motel: A motel wherein material is presented, as part of the motel services, via closed circuit TV or otherwise, which is distinguished or characterized by an emphasis on depicting or describing Sexual Conduct or Specified Anatomical Areas. 6. Adult Motion Picture Arcade: Any place to which the public is permitted or invited wherein coin or slug - operated or electronically, electrically or mechanically controlled, still or motion picture machines, projectors, or other image - producing devices are maintained to show images to five or fewer persons per machine at one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing Sexual Conduct or Specified Anatomical Areas. 7. Adult Motion Picture Theater: An enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on depicting or describing Sexual Conduct or Specified Anatomical Areas. 8. Massage Parlor: Any place where for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with Sexual Conduct or where any person providing such treatment, manipulation or service related thereto exposes Specified Anatomical Areas. 9. Model Studio: Any place other than university or college art classes where, for any form of consideration or gratuity, figure models who display Specific Anatomical Areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity. 10. Sexual Encounter Center: Any building or structure which contains, or is used for commercial entertainment where the patron directly or indirectly is charged a fee to engage in personal contact with or to allow personal contact by, employees, devises or equipment or by personnel provided by the establishment which appeals to the prurient interest of the patron, to include, but not be limited to bath houses, massage parlors, and related or similar activities. 650.2 Prohibition No person shall cause or permit the establishment of any of the sexually oriented businesses as defined in Section 650.1, in an area zoned other than "CH" and "CG ". In addition, no person shall cause or permit the establishment of any of the sexually oriented businesses, as defined in Section 650. 1, within one thousand (1000) feet of any other sexually oriented business, or within one thousand (1000) feet of a church, day care, school (type which offers a compulsory education curriculum), public or private park, or within one thousand (1000) feet of areas zoned residential or within one thousand (1000) feet of a nonarterial street which provides access to a residentially zoned area. Provided further that the Planning Commission may permit by a Specific Use Permit sexually oriented businesses, as defined in 650.1 in an IL, IM, or IH District, subject to the distance limitations set forth herein. All businesses that meet the definition of a sexually- oriented business shall not have any items displayed in the windows in public view. All exterior windows and doors shall be opaque so as to prohibit the viewing of any items from outside of the store Persons under the age of eighteen (18) shall not be permitted in any sexually- oriented business Every sexually- oriented business shall display signage prohibiting persons under the age of eighteen (18) within the business The establishment of a sexually oriented business shall include the opening of such business as a new business, the relocation of such business, the enlargement of such business, in either scope or area, or the conversion of an existing business location of any of the uses described in Section 650.1. Nothing in this Ordinance is intended to make legal any business or activity that is expressly declared illegal under the provision of this Code or under any state or federal laws. SECTION TWO (2): CODIFICATION Sub - Chapter 6, Commercial District Provisions, Sections 650 as codified in the Owasso Code of Ordinances, Part 12, Planning, Zoning and Development, Chapter 2, Zoning Regulations, is hereby amended as set forth above. SECTION THREE (3) REPEALER That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. SECTION FOUR (4) SEVERABILITY If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION FIVE (5): DECLARING AN EFFECTIVE DATE - EMERGENCY It is necessary for the immediate preservation of the peace, health, and safety of the City of Owasso, Oklahoma, and the inhabitants thereof that this Ordinance become operative immediately and, therefore, an emergency is hereby declared to exist and this Ordinance shall be in full force and effect immediately from and after its passage and approval on February 7, 2017. SECTION SIX (6) FILING OF ORDINANCE 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 7th day of February, 2017, with the emergency clause voted upon and approved separately. Lyndell Dunn, Mayor ATTEST: Sherry Bishop, City Clerk (SEAL) APPROVED AS TO FORM: Julie Lombardi, City Attorney Current Language - Chapter 650 SECTION 650 LOCATIONS OF SEXUALLY ORIENTED BUSINESSES 650.1 Definitions As used in this Section, the terms sexual conduct and specified anatomical areas shall mean as follows: 1. Sexual Conduct includes the following: A. The fondling or other touching of human genitals, pubic region, buttocks, or female breasts; B. Ultimate sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, sodomy; C. Masturbation, and; D. Excretory functions as part of or in connection with any of the activities set forth in (A) through (C) above. 2. Specified Anatomical Areas includes the following: A. Human genitals, pubic region, buttocks, and female breasts below a point immediately above the top of the areola. B. Human mate genitals in a discernible turgid state, even if completely and opaquely covered. For the purpose of this Ordinance, sexually- oriented businesses are defined as follows: 1. Adult Amusement or Entertainment: Amusement or entertainment which is distinguished or characterized by an emphasis on acts or materials depicting, describing or relating to Sexual Conduct or Specified Anatomical Area, as defined herein, including but not limited to topless or bottomless dancers, exotic dancers, strippers, male or female impersonators or similar entertainment. 2. Adult Bookstore: An establishment having as a significant portion of its stock in trade books, film, magazines and other periodicals which are distinguished or characterized by an emphasis on depicting or describing Sexual Conduct or Specified Anatomical Areas. 3. Adult Mini Motion Picture Theater: An enclosed building with a capacity of less than 50 persons used for presenting material distinguishing or characterized by an emphasis on depicting or describing Sexual Conduct or Specified Anatomical Areas. 4. Adult Motel: A motel wherein material is presented, as part of the motel services, via closed circuit TV or otherwise, which is distinguished or characterized by an emphasis on depicting or describing Sexual Conduct or Specified Anatomical Areas. 5. Adult Motion Picture Arcade: Any place to which the public is permitted or invited wherein coin or slug- operated or electronically, electrically or mechanically controlled, still or motion picture machines, projectors, or other image - producing devices are maintained to show images to five or fewer persons per machine at one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing Sexual Conduct or Specified Anatomical Areas. 6. Adult Motion Picture Theater: An enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on depicting or describing Sexual Conduct or Specified Anatomical Areas. 7. Massage Parlor: Any place where for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with Sexual Conduct or where any person providing such treatment, manipulation or service related thereto exposes Specified Anatomical Areas. 8. Model Studio: Any place other than university or college art classes where, for any form of consideration or gratuity, figure models who display Specific Anatomical Areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity. 9. Sexual Encounter Center: Any building or structure which contains, or is used for commercial entertainment where the patron directly or indirectly is charged a fee to engage in personal contact with or to allow personal contact by, employees, devises or equipment or by personnel provided by the establishment which appeals to the prurient interest of the patron, to include, but not be limited to bath houses, massage parlors, and related or similar activities. 650.2 Prohibition No person shall cause or permit the establishment of any of the sexually oriented businesses as defined in Section 650.1, in an area zoned other than "CH" and "CG ". In addition, no person shall cause or permit the establishment of any of the sexually oriented businesses, as defined in Section 650.1, within one thousand (1000) feet of any other sexually oriented business, or within one thousand (1000) feet of a church, day care, school (type which offers a compulsory education curriculum), public or private park, or within one thousand (1000) feet of areas zoned residential or within one thousand (1000) feet of a nonarteriat street which provides access to a residentially zoned area. Provided further that the Planning Commission may permit by a Specific Use Permit sexually oriented businesses, as defined in 650.1 in an IL, IM, or IH District, subject to the distance limitations set forth herein. The establishment of a sexually oriented business shall include the opening of such business as a new business, the relocation of such business, the enlargement of such business, in either scope or area, or the conversion of an existing business location of any of the uses described in Section 650.1. Nothing in this Ordinance is intended to make legal any business or activity that is expressly declared illegal under the provision of this Code or under any state or federal laws. CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 01121/17 Department Payroll Expenses Total Expenses Municipal Court 6,085.46 8,719.61 Managerial 22,739.93 32,189.85 Finance 15,951.85 24,517.01 Human Resources 8,755.97 14,298.91 Community Development 16,610.58 26,189.90 Engineering 17,639.04 26,851.44 Information Systems 14,178.21 21,625.81 Support Services 8,050.17 12,293.88 Cemetery 1,158.40 1,792.44 Police Grant Overtime 3,053.61 3,093.93 Central Dispatch 20,222.54 34,570.40 Animal Control 3,674.72 5,493.10 Emergency Preparedness 1,254.78 1,955.94 Stormwater /ROW Maint. 9,053.56 14,182.08 Park Maintenance 8,776.40 13,604.52 Culture /Recreation 5,226.76 8,504.37 Community- Senior Center 4,633.01 6,398.19 Historical Museum 664.40 745.98 Economic Development 3,496.85 4,598.66 General Fund Total 171,226.24 261,626.02 Garage Fund Total 7,148.83 11,077.57 Ambulance Fund Total 553.85 621.86 Fire Fund 37 Total 151,291.42 225,401.21 Police Fund 38 Total 140,597.85 216,645.73 Streets Fund 39 Total 13,506.18 22,483.17 Stormwater Fund 27 Total Worker's Compensation Total 2,555.60 3,601.44 Strong Neighborhoods Total 3,851.62 5,639.65 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 2/2/17 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE 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 MEDICAL SERVICE ADMIN FEES DENTAL DEPT TOTAL VSP ADMIN FEES VISION DEPT TOTAL HEALTHCARE SELF INSURANCE FUND TOTAL AMOUNT 59,164.83 21,573.48 61,327.07 38,667.09 13,300.80 46,032.00 240,065.27 3,516.40 7,147.30 2,748.77 6,635.35 2,508.37 22,556.19 1,105.72 1,105.72 263,727.18