Loading...
HomeMy WebLinkAbout2018.02.20_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 �0 Tuesday, February 20, 2018 - 6:30 pm 1. Call to Order Mayor Lyndell Dunn 2. Invocation Father Bryan Beard of Church of the Holy Cross 3. Flag Salute 4. Roll Call rJA 5. Consideration and appropriate action relating to a request for approval of the Consent Agenda. (Ail matt ers 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 • February 6, 2018, Regular Meeting • February 13, 2018, Regular Meeting B. Approve claims C. Approve Ordinance 1119 Nunc Pro Tunc, annexing to the City of Owasso, Oklahoma, additional lands and territory, referenced in Application OA 17 -08 and repealing all ordinances or parts of ordinances in conflict D. Approve a budget amendment in the General Fund increasing estimated revenues and the appropriation for expenditures by $83,000 for alarm management services 6. Consideration and appropriate action relating to items removed from the Consent Agenda 7. Consideration and appropriate action relating to the award of bids for the Police Headquarters Renovation Project Jason Woodruff Staff recommends award of the following bids for the Police Headquarters Renovation Project: Cntpnnr Bid Amount Building Demolition $65,333 Total Demolition M Concrete $119,350 D -Kerns Construction Precast Concrete $163,400 Arrowhead Masonry $54,919 Procraft Steel Material Supply & Erecting $79,872 Fi tree Millwork $117,856 Fadco Waterproofing $12,682 Oklahoma Roofing Roofing $37,200 Atwell Roofing Doors, Frames, Hardware $93,550 Builders Supply Wood Door Supply $12,106 WindorSupply Owasso City Council February 20, 2018 Page 2 Storefront Glass & Glazing $79,466 Couter & Company Overhead Doors $15,485 Johnson E ui ment Drywall & Ceilings $164,760 ML Jones Tile & Commercial Flooring $144,570 PT Enterprises Painting & Wallcoverings $86,575 Vale Painting Building Specialties $25,337 Nabholz Signage $18,606 A -Max Si ns Fire Suppression $40,000 Frazier Fire Plumbing & HVAC $582,740 McIntosh Services Electrical, Fire Alarm & Security $998,776 Colburn Asphalt Paving & Markings $36,330 Dunhams Earthwork & Site Utilities $110,000 D -Kerns Construction Fencing $61,300 Ranchers Pipe & Steele Landscaping $12,300 1 Horizon Total 8. Consideration and appropriate actin amended construction management Headquarters Renovation Project Jason Woodruff $3,132,513 n relating to the assignment of bid contracts and an agreement with Nabholz Construction for the Police Staff recommends assignment of the police headquarters renovation bid contracts to Nabholz Construction Corporation for the purpose of construction management and project oversite for the duration of the renovation period and approval of an amended Construction Management Agreement with Nabholz Construction Corporation for construction management services and oversite of the Police Headquarters Renovation Project with a guaranteed maximum price of $3,933,934.37. 9. Consideration and appropriate action relating to Ordinance 1125, accepting, adding, and annexing to the City of Owasso, Oklahoma, additional lands and territory, referenced in Application OA 18 -01 (property located on the northwest corner of E 86 St N and N 161 E Ave) and repealing all ordinances or parts of ordinances in conflict Bronce Stephenson Staff recommends approval of Ordinance 1125. 10. Consideration and appropriate action relating to an agreement for right of way acquisition consulting services for the Garnett Road Widening Project from E 106 St N to E 116 St N Roger Stevens Staff recommends approval of a Right of Way Consultant Agreement with Terra Acquisition Services for the Garnett Road Widening Project from East 106th Street North to East 116'h Street North in an amount not to exceed $41,400 and authorization for the Mayor to execute the agreement. Owasso City Council February 20, 2018 Page 3 11. Consideration and appropriate action relating to an agreement for right of way acquisition consulting services for the E 116 St N Roadway Improvements from Mingo to N 135 E Ave Roger Stevens Staff recommends approval of a Right of Way Consultant Agreement with Terra Acquisition for the E 1 16 St N Widening Project from Mingo to N 135 E Ave in an amount not to exceed $84,000 and authorization of the Mayor to execute the agreement. 12. Consideration and appropriate action relating to Resolution 2018 -02, authorizing the submittal of an application for Surface Transportation Program (STP) Funding from the Oklahoma Department of Transportation for the E 96 St N and N 145 E Ave Intersection Widening Project Dwayne Henderson Staff recommends approval of Resolution 2018 -02. 13. Consideration and appropriate action relating to the proposed settlement of a tort claim and payment of the settlement to Ashley Calvert, Sarah Raymer and Hannah Raymer Julie Lombardi Staff recommends the City Council approve the proposed settlement in the amount of $53,170.69 and authorize payment of the settlement to Ashley Calvert, Sarah Raymer and Hannah Raymer, their attorney and any other necessary parties. 14. Consideration and appropriate action relating to Council confirmation of a citizen appointment to the Tulsa County Criminal Justice Authority Sales Tax Overview Committee Mayor Dunn Mayor Dunn recommends the appointment of Kent Inouye to the Tulsa County Criminal Justice Sales Tax Overview Committee to serve a three -year term expiring on December 1, 2020. 15. Report from City Manager 16. Report from City Attorney 17. Report from City Councilors 18. Official Notices to Council (documents for acknowledgment or information only, no discussion or action will be taken) • Payroll Payment Report - Pay Period Ending Date 2/3//18 • Health Care Self- Insurance Claims- dated as of 2/15/18 • Monthly Budget Status Report - January 2018 19. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 20. Adjournment Notice of Public Meeting filed in the office of the City Clerk and the Agenda posted at City Hall, 200 S Main St, at 6:00 pm on Friday, February 16, 2018. iLI14� /� Sherry BishoFftity Clerk OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, February 6, 2018 The Owasso City Council met in regular session on Tuesday, February 6, 2018, 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, February 2, 2018. 1. Call to Order Mayor Lyndell Dunn called the meeting to order at 6:31 pm. 2. Invocation The invocation was offered by Chad Balthrop, First Baptist Church Owasso. 3. Flag Salute Councilor Bush led the flag salute. 4. Roll Call Present Mayor - Lyndell Dunn Councilor- Doug Bonebrake Councilor- Bill Bush A quorum was declared present. Staff: City Manager - Warren Lehr Absent Vice-Mayor- Chris Kelley Councilor - Jeri Moberly 5. Presentation of the Character Trait of Honesty Chad Balthrop, Character Council Member, presented the Character Trait of Honesty for the month of February. 6. Annual Report of the Owasso Strong Neighborhood Initiative Jerry Fowler presented the Owasso Strong Neighborhood Initiative Annual Report and recognized residents, businesses, civic and faith based program partners. Discussion was held. 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 16, 2018, Regular Meeting B. Approve claims C. Accept public infrastructure improvements including all roadways, sidewalks, stormwater and sanitary system improvements for Morrow Place Residential Phase I. Mr. Bonebrake moved, seconded by Mr. Bush to approve the Consent Agenda with claims totaling $676,227.38. YEA: Bonebrake, Bush, Dunn NAY: None Motion carried: 3 -0 Owasso City Council February 6, 2018 Page 2 8. Consideration and appropriate action relating to items removed from the Consent Agenda None 9. Consideration and appropriate action relating to a budget amendment in the General Fund, Parks Department Larry Langford presented items # 9 and #10 concurrently, recommending approval of a budget amendment in the General Fund, Parks Department increasing estimated revenue and the appropriation for expenditures by $27,557 for the Congestion Mitigation and Air Quality Funds (CMAQ) Grant; approval to purchase one (1) 2018 CNG /Bi -fuel Ford F -150 truck in the amount of $34,823 from Bill Knight Ford of Tulsa, Oklahoma, per Oklahoma State Bid Contract #SW035; and to declare the 1996 Ford Crown Victoria as surplus to the needs of the City and in accordance with the grant requirements. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Bush to approve the budget amendment, vehicle purchase, and declaration of a surplus vehicle, as recommended. YEA: Bonebrake, Bush, Dunn NAY: None Motion carried: 3 -0 10. Consideration and appropriate action relating to Congestion Mitigation and Air Quality Funds (CMAQ) Grant vehicle purchase and declare a vehicle as surplus See item #9. 11. Consideration and appropriate action relating to the bid for purchase and installation of police vehicle lighting and other equipment Scott Chambless presented the item recommending approval of three bids for the purchase and installation of police vehicle lighting and other equipment for 6 Dodge Chargers, 3 Dodge Ram trucks, and 3 Ford Explorers to CAP FLEET of Del City, Oklahoma, for a total amount of $98,783.04. There were no comments from the audience. After discussion, Mr. Bush moved, seconded by Mr. Bonebrake to approve the purchase and installation of police vehicle lighting and other equipment, as recommended YEA: Bonebrake, Bush, Dunn NAY: None Motion carried: 3 -0 12. Consideration and appropriate action relating to change orders to the Owasso Public Safety Operations & Training Complex contract with Timberlake Construction Mark Stuckey presented the item recommending approval of Change Orders #1 -7, #9 and #11 to the Owasso Public Safety Operations & Training Complex contract with Timberlake Construction of Oklahoma City in the amount of $211,914.53. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Bush to approve Change Order # 1 -7, #9 and # 11 as recommended. YEA: Bonebrake, Bush, Dunn NAY: None Motion carried: 3 -0 Owasso City Council February 6, 2018 Page 3 13. Consideration and appropriate action relating to bids for fire props for the Owasso Public Safety Operations & Training Complex Mark Stuckey presented the item recommending the award of a bid and approval to purchase fire props from FireBlast Global Inc. of Corona, California, in the amount of $2,380,371.00. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Bush to award the bid to FireBlast Global Inc. in the amount of $2,380,371.00, and authorize the purchase, as recommended. YEA: Bonebrake, Bush, Dunn NAY: None Motion carried: 3 -0 14. Consideration and appropriate action relating to an agreement for Gas Facilities Relocation with Oklahoma Natural Gas Company for the 76 St N Project (US Hwy 169 to 129 E Ave) Dwayne Henderson presented the item recommending approval of and authorization for the City Manager to execute the Agreement for Gas Facilities Relocation with Oklahoma Natural Gas Company and authorization for the City Manager to terminate the agreement if estimates exceed $469,002, as recommended. There were no comments from the audience. After discussion, Mr. Bush moved, seconded by Mr. Bonebrake to approve the agreement and authorize the execution and termination, if necessary, as recommended. YEA: Bonebrake, Bush, Dunn NAY: None Motion carried: 3 -0 15. Consideration and appropriate action relating to Ordinance 1123, amending Part 18, Stormwater Management, Chapter 1, Definitions; repealing Chapter 2, Stormwater Management Program; and enacting a new Chapter 2, Stormwater Management Program of the Code of Ordinances of the City of Owasso, Oklahoma, adopting a new Stormwater Management Program, establishing definitions, regulations, and authorizing fees Charlene Lawrence presented the item recommending approval of Ordinance 1123. There were no comments from the audience. After discussion, Mr. Bush moved, seconded by Mr. Bonebrake to approve Ordinance 1123, as recommended. YEA: Bonebrake, Bush, Dunn NAY: None Motion carried: 3 -0 16. Consideration and appropriate action relating to a Utility Relocation Agreement with Washington County Rural Water District #3 pertaining to the North 135 East Avenue Service Road Extension Roger Stevens presented the item recommending approval of the Utility Relocation Agreement with Washington County Rural Water District #3 and authorization for the Mayor to execute the Agreement. There were no comments from the audience. Mr. Bonebrake moved, seconded by Mr. Bush to approve the agreement and authorize the Mayor to execute the agreement, as recommended. YEA: Bonebrake, Bush, Dunn Owasso City Council February 6, 2018 Page 4 NAY: None Motion carried: 3 -0 17. Consideration and appropriate action relating to Ordinance 1124 amending Part 17 Utilities, Chapter 3, Sewer System, by amending Section 17- 301(J), Designated Sewer Improvements, and adding Section 17 -307, establishing the Coffee Creek Sewer Lift Station and Force Main Improvement Assessment Area of the Code of Ordinances of the City of Owasso, Oklahoma Roger Stevens presented the item recommending approval of Ordinance 1124. There were no comments from the audience. After discussion, Mr. Bush moved, seconded by Mr. Bonebrake to approve Ordinance 1124, as recommended. YEA: Bonebrake, Bush, Dunn NAY: None Motion carried: 3 -0 18. Consideration and appropriate action relating to the proposed settlement of a tort claim and payment of the settlement to Ashley Calvert, Sarah Raymer and Hannah Raymer Item #18 was removed from the agenda and will be presented for Council consideration and action during the February 20, 2018, City Council meeting. 19. Report from City Manager Mr. Lehr introduced Roger Stevens to present the Monthly Public Works Project Status Report. Mr. Lehr reported on the Public Works Department efforts to pre -treat the roadways in anticipation of inclement winter weather. 20. Report from City Attorney None 21. Report from City Councilors Councilors praised the Police Department for their effort to reduce motorists from running red lights and blocking intersections. 22. Official Notices to Council (documents for acknowledgment or information only, no discussion or action will be taken) Payroll Payment Report - Pay Period Ending Date 1/20/18 Health Care Self- Insurance Claims - dated as of 2/1/18 Permit No. SL000072170902 for the construction of 262 linear feet of twelve (12) inch PVC sanitary sewer line, 275 linear feet of eight (8) inch PVC sanitary sewer line, and all appurtenances to serve the Western Sun Federal Credit Union, Tulsa County, Oklahoma 23. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) None Owasso City Council February 6, 2018 Page 5 24. Adjournment Mr. Bonebrake moved, seconded by Mr. Bush to adjourn the meeting. YEA: Bonebrake, Bush, Dunn NAY: None Motion carried 3 -0 and the meeting adjourned at 8:13pm. Lyndell Dunn, Mayor Juliann M. Stevens, Deputy City Clerk OWASSO CITY COUNCIL, OPWA & OPGA MINUTES OF JOINT REGULAR MEETING Tuesday, February 13, 2018 The Owasso City Council, Owasso Public Works Authority, and Owasso Public Golf Authority met in a joint regular meeting on Tuesday, February 13, 2018, in the Council Chambers at Old Central, 109 N Birch Street, 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 (west side), at 6:00 pm on Friday, February 9, 2018. 1. Cali to Order Mayor /Chair Lyndell Dunn called the meeting to order at 6:00 pm. Present Mayor /Chair - Lyndell Dunn Vice - Mayor /Vice- Chair - Chris Kelley (leaves meeting at 6:50 pm) Councilor /Trustee - Doug Bonebrake Councilor /Trustee - Bill Bush Councilor /Trustee -Jeri Moberly A quorum was declared present. 2. Discussion relating to the bids and construction contracts for the Police Headquarters Building Renovation Project Scott Chambless and Jason Woodruff presented the item and discussion was held. It was further explained that an item would be placed on the February 20, 2018, City Council agenda for consideration and action. 3. Discussion relating to Economic Development Strategic Plan Chelsea Feary presented the item. Ms. Moberly reported on comments made during the February Owasso Economic Development Authority meeting. Discussion was held. 4. Discussion relating to Community Development items A. Update to Owasso Zoning Code B. Annexation (OA 18 -01) - NW Corner of E 86 St N and N 161 E Ave Bronce Stephenson presented Items 4A and 4B and discussion was held. It was further explained that a community meeting will be held on March 29, 2018, to receive citizen input on the amended zoning code and Item 4B would be placed on the February 20, 2018, City Council agenda for consideration and action. 5. Discussion relating to the Surface Transportation Program Grant Application Dwayne Henderson presented the item and discussion was held. It was further explained that an item would be placed on the February 20, 2018, City Council agenda for consideration and action. 6. Discussion relating to the Water and Sewer Utility Rate Study Annual Report Linda Jones presented the item and discussion was held. Owasso City Council, OPWA & OPGA February 13, 2018 Page 2 7. Discussion relating to rates and fees A. Recycle Center B. Utility Billing C. Water Taps & Sewer Taps Sherry Bishop presented the item and discussion was held. It was further explained that an item would be placed on the March 13, 2018, work session for additional discussion. 8. Discussion relating to appointments for citizen committee vacancies Mayor Dunn presented the item and discussion was held. It was further explained that an item would be placed on the February 20, 2018, City Council agenda for consideration and action. 9. Discussion relating to City Manager items • Budget amendment related to Alarm Registrations • Community Development Block Grant (CDBG) Public Hearing • Monthly sales tax report • City Manager report Mr. Lehr advised that an item would be placed on the February 20, 2018, City Council consent agenda to appropriate revenues and expenditures related to alarm management services; and, the required public hearing for CDBG funding would be held on March 6, 2018, during the City Council meeting. Linda Jones presented the monthly sales tax report and discussion was held. Mr. Lehr reported on recent Police Department traffic enforcement efforts and public education campaigns using various media. 10. City Council /Trustee comments and inquiries Councilor Bonebrake expressed appreciation for communications between the Police Department, Owasso Public Schools, and parents during the recent school lock -down events. 11. Adjournment Mayor Dunn adjourned the meeting at 9:42 pm. Lyndell Dunn, Mayor /Chair Juliann M. Stevens, Deputy City Clerk Fund 01 GENERAL Claims List - 2/20/2018 Vendor Name Payable Description Payment Amount AEP IPSO ELECTRIC USE $431.27 AT &T LONG DISTANCE PHONE $0.49 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASED - JAN, $53.11 CITY GARAGE LABOR/OVERHEAD- FEB, 201 $153.00 CITY GARAGE VEHICLE PARTS PURCH - JAN $14.28 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - JAN, 2 $106.73 JPMORGAN CHASE BANK AMAZON - REFUND ($25.12) JPMORGAN CHASE BANK AMAZON- SUPPLIES $69.69 JPMORGAN CHASE BANK CAMPBELL PET - SUPPLIES $206.38 JPMORGAN CHASE BANK HARBOR FREIGHT- SUPPLI $76.69 JPMORGAN CHASE BANK MIDWEST VET - SUPPLIES $84.60 JPMORGAN CHASE BANK PNEU -DART- SUPPLIES $43.88 JPMORGAN CHASE BANK VORTECH PHARM - SUPPLIE $213.75 JPMORGAN CHASE BANK WALMART- SUPPLIES $191.88 JPMORGAN CHASE BANK WATERSTONE -DRY CLEAN $30.30 GEN ANIMAL CONTROL -Total CNG FUEL PURCHASED - JAN, $1,650.93 AEP IPSO ELECTRIC USE $24.36 CLEAN UNIFORM COMPANY UNIFORM SERVICE $8.56 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - JAN, 2 $15.34 HOLLAND SUPPLY INC LOT MARKERS & PINS $1,924.87 OWASSO TOP SOIL DIRT $100.00 VERDIGRIS VALLEY ELECTRIC COOP CEMETERY ELECTRIC $31.27 GEN CEMETERY -Total $2,104.40 TREASURER PETTY CASH CLASS REFUND - MATHNEY $125.00 TREASURER PETTY CASH CLASS REFUND - THOMPSON $125.00 GEN COMM CTR DONATIONS -Total $250.00 AEP /PSO ELECTRIC USE $691.21 AT &T LONG DISTANCE PHONE $1.78 DRAKE SYSTEMS INC COPIER SERVICE $292.68 GRAND GATEWAY ECO. DEV. ASSC. SENIOR FARES $204.00 JPMORGAN CHASE BANK AMAZON -PARTS $19.59 JPMORGAN CHASE BANK AMAZON -SOAP $69.75 JPMORGAN CHASE BANK AMAZON- SUPPLIES $486.42 JPMORGAN CHASE BANK AMAZON -TOOLS $40.79 JPMORGAN CHASE BANK BEST BUY -AV CABLE $13.99 JPMORGAN CHASE BANK CORNERSTONE- WHEELS $34.16 JPMORGAN CHASE BANK LOWES- HARDWARE $171.05 JPMORGAN CHASE BANK MY SR CENTER -CHECK IN $125.00 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $573.26 GEN COMMUNITY CENTER -Total $2,723.68 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASED - JAN, $67.34 1 Fund 01 GENERAL Claims List - 2/20/2018 Vendor Name Payable Description Payment Amount CITY GARAGE LABORIOVERHEAD - FEB, 201 $512.92 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - JAN, 2 $132.67 JPMORGAN CHASE BANK APA- MEMBERSHIP DUES $252.00 JPMORGAN CHASE BANK BGR TECH PUBL -BOOKS $251.86 JPMORGAN CHASE BANK GRAPHIC RES- REPAIRS $427.30 JPMORGAN CHASE BANK LOWES- SUPPLIES $37.94 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $285.87 JPMORGAN CHASE BANK TRAVEL EXPENSE $33.12 GEN COMMUNITY DEVELOPMENT -Total $2,001.02 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $38.19 GEN CULTURE & RECREATION -Total $38.19 AEP /PSO ELECTRIC USE $150.73 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $5.29 JPMORGAN CHASE BANK OFFICE EVERYTHING -SUP $36.96 JPMORGAN CHASE BANK SAMS -DESK CHAIR $149.98 JPMORGAN CHASE BANK TOTAL RADIO- REPAIRS $538.00 VERDIGRIS VALLEY ELECTRIC COOP STORM SIREN ELECTRIC $94.35 GEN EMERG PREPAREDNESS -Total $975.31 CITY GARAGE LABOR/OVERHEAD - FEB, 201 $438.25 CITY GARAGE VEHICLE PARTS PURCH -JAN $12.76 CLEAN UNIFORM COMPANY UNIFORM SERVICE $26.14 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - JAN, 2 $281.43 JPMORGAN CHASE BANK HOME DEPOT - SHOVEL $24.97 JPMORGAN CHASE BANK MAXWELL SUPPLY- SUPPLI $283.42 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES $68.56 UNITED STATES CELLULAR PW CELL PHONES $36.52 CORPORATION GEN ENGINEERING -Total $1,172.05 CITY GARAGE LABOR/OVERHEAD - FEB, 201 $76.75 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $32.75 GEN FINANCE -Total $109.50 AEP /PSO ELECTRIC USE $2,518.86 AMERICANCHECKED, INC ATTN: BILLING BACKGROUND CHECKS $42.75 AT &T LONG DISTANCE PHONE $32.97 COLLINS, ZORN & WAGNER PC DENTON -LEGAL $2,009.87 DAVID L. WEATHERFORD LEGAL $36.00 GRAND GATEWAY ECO. DEV. ASSC. PELIVAN TRANSIT $5,100.00 IMPERIAL LLC COFFEE SERVICE $149.10 JPMORGAN CHASE BANK ADMIRAL EXP- SUPPLIES $27.99 JPMORGAN CHASE BANK AMERICAN WASTE- RENTAL $84.94 MAILROOM FINANCE INC POSTAGE $1,000.00 E Claims List - 2/20/2018 Fund Vendor Name Payable Description Payment Amount 01 GENERAL ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $1,425.67 GEN GENERAL GOVERNMENT -Total LONG DISTANCE PHONE $12,428.15 AEP /PSO ELECTRIC USE $89.43 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $174.07 GEN HISTORICAL MUSEUM -Total VEHICLE PARTS PURCH -JAN $263.50 FELKINS ENTERPRISES, LLC CHARACTER BANNERS $1,020.00 GEN HR - CHAR INITIATIVE - Total FUELMAN EXPENSES - JAN, 2 $1,020.00 AMERICANCHECKED, INC ATTN: BILLING BACKGROUND CHECKS $135.90 COMMUNITYCARE EAP EMPLOYEE ASSISTANCE $248.00 JPMORGAN CHASE BANK PROGR $18.90 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $38.45 TULSA EMERGENCY MEDICAL CENTER POST ACCDNT DRUG TEST $25.00 TULSA EMERGENCY MEDICAL CENTER PRE EMPLOY DRUG TEST $50.00 TULSA EMERGENCY MEDICAL CENTER RANDOM DRUG TEST $125.00 TULSA WORLD TULSA WORLD ADVERTSING $888.00 GEN HUMAN RESOURCES -Total $1,510.35 CITY GARAGE LABORIOVERHEAD - FEB, 201 $81.92 RAMUNDSEN SUPERIOR HOLDINGS OPTIO MAINTENANCE $1,595.08 RAMUNDSEN SUPERIOR HOLDINGS UPGRADE FEES $13,125.00 GEN INFORMATION TECH -Total $14,802.00 CITY GARAGE LABOR/OVERHEAD - FEB, 201 $70.08 CITY GARAGE VEHICLE PARTS PURCH - JAN $86.56 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - JAN, 2 $25.68 JPMORGAN CHASE BANK TRAVEL EXPENSE $22.75 TREASURER PETTY CASH PASTOR MEETING EXPENS $12.00 TREASURER PETTY CASH REIMB TRAVEL EXPENSE $161.93 GEN MANAGERIAL -Total $379.00 YOUTH SERVICES OF TULSA YOUTH SERVICES $4,125.00 GEN MUNICIPAL COURT -Total $4,125.00 AEP /PSO ELECTRIC USE $1,523.66 AT &T LONG DISTANCE PHONE $0.21 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASED - JAN, $106.90 CITY GARAGE LABORIOVERHEAD - FEB, 201 $1,282.50 CITY GARAGE VEHICLE PARTS PURCH -JAN $465.85 CITY OF OWASSO WATER $245.00 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - JAN, 2 $619.14 JPMORGAN CHASE BANK CORNERSTONE -LOCK $15.19 JPMORGAN CHASE BANK CORNERSTONE- REPAIR $122.22 JPMORGAN CHASE BANK CORNERSTONE - SUPPLIES $18.90 JPMORGAN CHASE BANK LOWES -DRILL BIT $9.06 3 Claims List - 2/20/2018 Fund Vendor Name Payable Description 01 GENERAL JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES JPMORGAN CHASE BANK TULSA NORTH SC -FUEL ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE Payment Amount $5.99 $11.81 $119.87 GEN PARKS -Total $4,546.30 AEP IPSO ELECTRIC USE $246.86 JPMORGAN CHASE BANK ADMIRAL EXP- SUPPLIES $83.97 JPMORGAN CHASE BANK CALIF PUB - SUPPLIES $19.00 JPMORGAN CHASE BANK CDW GOVT- REPAIR PART $156.78 JPMORGAN CHASE BANK DASH MED- SUPPLIES $141.80 JPMORGAN CHASE BANK HEADSETS DIRECT -SUPPL $818.15 JPMORGAN CHASE BANK QUEENSBORO- UNIFORMS $123.05 JPMORGAN CHASE BANK SAMS- PRISON BOARD $342.22 JPMORGAN CHASE BANK WATERSTONE -DRY CLEAN $86.55 RICH & CARTMILL, INC NOTARY RENEWAL $30.00 TREASURER PETTY CASH NOTARY FEE $35.00 GEN POLICE COMMUNICATIONS -Total $2,083.38 JPMORGAN CHASE BANK GALLS -VEST $416.47 GEN POLICE SERVICES -Total $416.47 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASED - JAN, $357.41 CITY GARAGE LABOR/OVERHEAD - FEB, 201 $2,338.58 CITY GARAGE VEHICLE PARTS PURCH - JAN $357.54 CLEAN UNIFORM COMPANY UNIFORM SERVICE $55.58 D.P. SUPPLY CO MANHOLE COVERS $792.00 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - JAN, 2 $846.86 JPMORGAN CHASE BANK BROWN CO -PPE $51.00 JPMORGAN CHASE BANK TCC -CLASS $115.00 JPMORGAN CHASE BANK TRAVEL EXPENSE $39.10 SPIRIT LANDSCAPE MANAGEMENT LLC MONTHLY LANDSCAPE $626.25 GEN STORMWATER -Total $5,579.32 AT &T LONG DISTANCE PHONE $0.04 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASED -JAN, $76.22 CITY GARAGE LABORIOVERHEAD - FEB, 201 $700.58 CITY GARAGE VEHICLE PARTS PURCH - JAN $244.53 JPMORGAN CHASE BANK ADMIRAL EXP- SUPPLIES $27.99 JPMORGAN CHASE BANK INKCARTRIDGES -INK $13.99 JPMORGAN CHASE BANK LIBERTY FLAGS -FLAGS $200.05 JPMORGAN CHASE BANK MATLOCK -ALARM MONITOR $90.00 JPMORGAN CHASE BANK OFFICE DEPOT- RETURN ($21.99) JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $40.90 JPMORGAN CHASE BANK TERMINIX -PEST CONTROL $612.00 OKLAHOMA DEPARTMENT OF LABOR ELEVATOR INSPECTION $225.00 4 Claims List - 2/20/2018 Fund Vendor Name Payable Description Payment Amount 01 GENERAL GEN SUPPORT SERVICES -Total $2,209.31 AEP /PSO STREETLIGHTS $7.59 TREASURER PETTY CASH CC REFUND - BROOKS $50.00 TREASURER PETTY CASH CC REFUND - CANTRELL $100.00 TREASURER PETTY CASH CC REFUND - GREGOROVIC $100.00 TREASURER PETTY CASH CC REFUND -GRILL $50.00 TREASURER PETTY CASH CC REFUND - STANDRIDGE $100.00 TREASURER PETTY CASH CC REFUND -WOLF $50.00 TREASURER PETTY CASH OC REFUND - MCGRAW $100.00 GENERAL -Total $557.59 GENERAL -Total $60,945.45 20 AMBULANCE SERVICE CITY GARAGE LABOR/OVERHEAD- FEB, 201 $846.08 CITY GARAGE VEHICLE PARTS PURCH - JAN $180.99 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - JAN, 2 $2,715.30 JPMORGAN CHASE BANK ARROW INTL- SUPPLIES $1,10829 JPMORGAN CHASE BANK BOUND TREE - SUPPLIES $1,068.69 JPMORGAN CHASE BANK FULLTERTON- OXYGEN SUP $25.50 JPMORGAN CHASE BANK HENRY SCHEIN- SUPPLIES $449.26 JPMORGAN CHASE BANK S ANESTHESIA- SUPPLIES $462.21 AMBULANCE -Total $6,856.32 AMBULANCE SERVICE -Total $6,856.32 21 E -911 AT &T T -1 CIRCUITS RADIO $955.11 COX COMMUNICATIONS SVC FEE T -1 CIRCUITS @ RA $233.95 JPMORGAN CHASE BANK AT &T -E911 MAPPING FEE $355.35 E911 COMMUNICATIONS -Total $1,544.41 E -911 -Total $1,544.41 25 HOTEL TAX AEP /PSO ELECTRIC USE $23.48 ALLISON LARSEN ED STRATEGIC PLAN $6,879.00 HOTEL TAX ECON DEV -Total $6,902.48 CITY GARAGE LABOR/OVERHEAD - FEB, 201 $67.08 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - JAN, 2 $54.58 JPMORGAN CHASE BANK MEETING EXPENSE $331.95 STRONG NEIGHBORHOODS -Total $453.61 HOTELTAX -Total $7,356.09 27 STORMWATER MANAGEMENT AEP /PSO ELECTRIC USE $459.81 CLEAN UNIFORM COMPANY BLANKET PO - UNIFORM SERV $8.68 CLEAN UNIFORM COMPANY UNIFORM SERVICE $8.68 JPMORGAN CHASE BANK CORE &MAIN -PARTS $25.08 JPMORGAN CHASE BANK CORE &MAIN -PIPE $1,020.00 JPMORGAN CHASE BANK LODGING EXPENSE $323.96 5 Claims List - 2/20/2018 Fund Vendor Name Payable Description Payment Amount 27 STORMWATER MANAGEMENT MESHEK & ASSOCIATES, P.L.C. ENGINEERING SERVICES - $11,980.35 TREASURER PETTY CASH TRAVEL EXPENSE $354.00 UNITED STATES CELLULAR PW CELL PHONES $36.52 CORPORATION STORMWATER- STORMWATER -Total $14,217.08 STORMWATER MANAGEMENT -Total $14,217,08 34 VISION TAX BKL INCORPORATED ENGINEERING SERVICES - E $14,229.19 VSN RECAP 96TH/119-129TH -Total $14,229.19 BENCHMARK SURVEYING & LAND SURVEY SERVICES $800.00 SERVICES GUY ENGINEERING SERVICES INC ENGINEERING SERVICES - E $26,724.65 VSN RECAP GARNETT TO 129 - Total $27,524.65 VISION TAX -Total $41,753.84 37 SALES TAX FIRE AEP IPSO ELECTRIC USE $2,594.14 AT &T LONG DISTANCE PHONE $5.94 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASED -JAN, $20.83 CITY GARAGE LABOR/OVERHEAD - FEB, 201 $2,439.92 CITY GARAGE VEHICLE PARTS PORCH - JAN $1,000.96 CITY OF OWASSO WATER $199.50 FIRST RESPONDER SUPPORT SERVICES BEHAVIORAL HEALTH SERVICE $887.40 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - JAN, 2 $2,446.76 JPMORGAN CHASE BANK A -1 APPLIANCE -DOOR $275.00 JPMORGAN CHASE BANK ADVANCE AUTO - SUPPLIES $24.81 JPMORGAN CHASE BANK AMAZON -K9 SUPPLIES $101.97 JPMORGAN CHASE BANK AMAZON- SUPPLIES $189.15 JPMORGAN CHASE BANK ASSOC PARTS -MOTOR $30.85 JPMORGAN CHASE BANK FAMILY ANIMAL -K9 FEE $340.22 JPMORGAN CHASE BANK LOWES -DRYER $511.36 JPMORGAN CHASE BANK LOWES -POWER STRIP $38.97 JPMORGAN CHASE BANK LOWES -TOOLS $103.98 JPMORGAN CHASE BANK MENS WAREHOUSE- UNIFOR $108.49 JPMORGAN CHASE BANK NAFECO -PPE $527.35 JPMORGAN CHASE BANK NFPA- MANUALS $147.00 JPMORGAN CHASE BANK OFFICE DEPOT - BINDING $13.92 JPMORGAN CHASE BANK OREILLY- VEHICLE MAINT $1.02 JPMORGAN CHASE BANK SAMS- BATTERIES $19.98 JPMORGAN CHASE BANK SAMS- SUPPLIES $34.48 JPMORGAN CHASE BANK THE STUDIO- AWARDS $600.00 JPMORGAN CHASE BANK TRAINING EXPENSE $18.40 JPMORGAN CHASE BANK TRAVEL EXPENSE $74.02 JPMORGAN CHASE BANK WINNELSON -WATER TANK $99.00 A Claims List - 2/20/2018 Fund Vendor Name Payable Description Payment Amount 37 SALES TAX FIRE ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $1,619.97 TREASURER PETTY CASH VEHICLE TAG $42.50 SALES TAX FUND -FIRE -Total $14,517.89 SALES TAX FIRE -Total $14,517.89 38 SALES TAX POLICE AEP IPSO ELECTRIC USE $2,987.34 AT &T LONG DISTANCE PHONE $32.97 CITY GARAGE LABORIOVERHEAD - FEB, 201 $10,100.75 CITY GARAGE VEHICLE PARTS PURCH - JAN $5,966.01 CITY OF OWASSO WATER $42.00 FELKINS ENTERPRISES, LLC FORMS $22.50 FIRST RESPONDER SUPPORT SERVICES BEHAVIORAL HEALTH SERVICE $1,291.35 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - JAN, 2 $8,492.07 INTERNATIONAL PUBLIC MGMT ASSOCIATI ASSESSMENT CTR COSTS $13,000.00 JPMORGAN CHASE BANK ACADEMY - SUPPLIES $76.94 JPMORGAN CHASE BANK ACADEMY - UNIFORM $299.99 JPMORGAN CHASE BANK ACTION TARGETS - SUPPLI $222.06 JPMORGAN CHASE BANK ADMIRAL EXP- SUPPLIES $83.97 JPMORGAN CHASE BANK AMAZON- SUPPLIES $361.65 JPMORGAN CHASE BANK AMAZON- UNIFORM ITEMS $19.61 JPMORGAN CHASE BANK AMER WASTE- RENTAL $150.87 JPMORGAN CHASE BANK BOB BARKER -TOOLS $278.94 JPMORGAN CHASE BANK DASH MED- SUPPLIES $283.60 JPMORGAN CHASE BANK ELITE K9- SUPPLIES $23.28 JPMORGAN CHASE BANK FBI LEEDA - TRAINING $3,900.00 JPMORGAN CHASE BANK GALLS -VEST $436.48 JPMORGAN CHASE BANK GRAINGER- SUPPLIES $183.84 JPMORGAN CHASE BANK GUN PARTS CO- SUPPLIES $4.95 JPMORGAN CHASE BANK IACP -DUES $300.00 JPMORGAN CHASE BANK IQ CAR WASH -CAR WASH $25.00 JPMORGAN CHASE BANK LIBERTY FLAGS- AWARDS $48.00 JPMORGAN CHASE BANK LODGING EXPENSE $59.61 JPMORGAN CHASE BANK LOWES- SUPPLIES $52.63 JPMORGAN CHASE BANK MEDTECH RESOURCE -SUPP $55.41 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $47.97 JPMORGAN CHASE BANK ROYAL CANINE -K9 FOOD $749.85 JPMORGAN CHASE BANK S RUBBER STAMP -STAMP $47.90 JPMORGAN CHASE BANK SAFARILAND -KITS $232.50 JPMORGAN CHASE BANK SAFARILAND- SUPPLIES $232.50 JPMORGAN CHASE BANK SAFEWARE - SUPPLIES $64.08 JPMORGAN CHASE BANK SAMS- SUPPLIES $284.42 JPMORGAN CHASE BANK SOUTHERN RUBBER -STAMP $48.90 7 Claims List - 2/2012018 Fund Vendor Name Payable Description Payment Amount 38 SALES TAX POLICE JPMORGAN CHASE BANK SPECIALS OPS- UNIFORM $305.99 JPMORGAN CHASE BANK TARGET - SUPPLIES $47.20 JPMORGAN CHASE BANK UPS - POSTAGE $20.55 JPMORGAN CHASE BANK WALGREENS- AWARDS $7.98 JPMORGAN CHASE BANK WALMART- SUPPLIES $3.56 JPMORGAN CHASE BANK WATERSTONE -DRY CLEAN $1,513.10 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $615.56 SALES TAX FUND - POLICE -Total $53,023.88 SALES TAX POLICE -Total $53,023.88 39 SALES TAX STREETS AEP /PSO ELECTRIC USE $1,796.30 AEP /PSO STREETLIGHTS $6,750.50 AMERICAN ELECTRIC POWER MAIN STREET LIGHTING $1,000.00 AMERICAN ELECTRIC POWER SILVER CREEK LIGHTING $513.00 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASED - JAN, $274.63 CITY GARAGE LABOR/OVERHEAD - FEB, 201 $1,658.50 CITY GARAGE VEHICLE PARTS PURCH - JAN $128.77 CLEAN UNIFORM COMPANY UNIFORM SERVICE $225.93 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - JAN, 2 $1,375.37 JPMORGAN CHASE BANK ATWOODS -PARTS $154.74 JPMORGAN CHASE BANK BROWN CO -PARTS $178.81 JPMORGAN CHASE BANK BROWN CO -PPE $51.00 JPMORGAN CHASE BANK BROWN FARMS -SOD $49.00 JPMORGAN CHASE BANK CORE &MAIN - FITTING $9.91 JPMORGAN CHASE BANK HOME DEPOT -FENCE $59.94 JPMORGAN CHASE BANK IMSA- MEMBERSHIP DUES $425.00 JPMORGAN CHASE BANK LOCKE- REPAIR PARTS $144.12 JPMORGAN CHASE BANK LOWES- BLADES $18.98 JPMORGAN CHASE BANK LOWES- HARDWARE $8.25 JPMORGAN CHASE BANK LOWES - MARKING PAINT $26.98 JPMORGAN CHASE BANK LOWES -PARTS $50.51 JPMORGAN CHASE BANK LOWES- SUPPLIES $95.75 JPMORGAN CHASE BANK WARREN CAT - DELIVERY $970.00 OWASSO TOP SOIL DIRT $45.00 PINKLEY SALES CABLES $419.00 TULSA ASPHALT, LLC ASPHALT $88.40 TWIN CITIES READY MIX, INC CONCRETE $1,125.25 VERDIGRIS VALLEY ELECTRIC COOP CHAMPION STREET LIGHT $76.32 VERDIGRIS VALLEY ELECTRIC COOP SECURITY LIGHT $6.21 WELSCO, INC. RENTAL $11.82 SALES TAX FUND-STREETS -Total $17,737.99 SALES TAX STREETS -Total $17,737.99 [3 Claims List - 2/20/2018 Fund Vendor Name Payable Description Payment Amount 40 CAPITAL IMPROVEMENTS JOHN VANCE MOTORS, INC WILD LAND VEHICLE $42,067.90 CIP FIRE DEPT VEHICLES -Total $42,067.90 BUILDING & EARTH SCIENCES, INC PROFESSIONAL SERVICES $6,075.30 JOHNSTON TECHNICAL SERVVCES ST 4 COMM TOWER $10,909.00 TIMBERLAKE CONSTRUCTION CO CONSTRUCTION SERVICES $729,018.33 CIP FIRE STATION #4 -Total $746,002.63 KIDS CLUBHOUSE & ACADEMY ROW ACQUISITION $3,374.04 CIP GARN RD WIDE 106 -116 -Total $3,374.04 IRA M GREEN CONTRUCTION CONSTRUCTION SERVICES $120,844.64 CIP GARRETT CRK SEWER LIN -Total $120,844.64 CAPITAL IMPROVEMENTS •Total $912,289,21 70 CITY GARAGE AEP IPSO ELECTRIC USE $1,028.82 AT &T LONG DISTANCE PHONE $1.47 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - JAN, 2 $49.21 GIL SAURER DBA PHOENIX RECYCLING RECYCLING $7.00 JPMORGAN CHASE BANK A &N TRAILER -PARTS $392.92 JPMORGAN CHASE BANK AGILITY FUEL - FILTERS $105.14 JPMORGAN CHASE BANK B &M WAREHOUSE -OIL $511.65 JPMORGAN CHASE BANK BASS PRO -RADIO BOX $39.99 JPMORGAN CHASE BANK BUMP213UMP -PART RESALE $148.00 JPMORGAN CHASE. BANK BUMP2BUMP- RETURN ($93.84) JPMORGAN CHASE BANK COASTALTOOL -EQUIP $2,099.95 JPMORGAN CHASE BANK DINOS TIRE - REPAIR $157.50 JPMORGAN CHASE BANK GELLCO -BOOTS $179.99 JPMORGAN CHASE BANK GOODYEAR -TIRES $1,305.96 JPMORGAN CHASE BANK HESSELBEIN -TIRES $1,037.96 JPMORGAN CHASE BANK JIM GLOVER -PARTS $1,725.50 JPMORGAN CHASE BANK LENOX- TOWING $235.00 JPMORGAN CHASE BANK LOCKE- LIGHTING $61.00 JPMORGAN CHASE BANK NAPA -LIGHT $17.27 JPMORGAN CHASE BANK NAPA - TRAILER LIGHTS $52.98 JPMORGAN CHASE BANK ROUTE 66 -DOOR PANEL $361.37 JPMORGAN CHASE BANK SAV ON PRINTING -DECAL $180.00 JPMORGAN CHASE BANK SUMMIT -AIR FILTERS $138.70 JPMORGAN CHASE BANK TATE BOYS - SERVICES $59.95 JPMORGAN CHASE BANK TOTAL RADIO -PARTS $374.00 JPMORGAN CHASE BANK UNITED FORD -EQUIP $459.11 JPMORGAN CHASE BANK UNITED FORD - RETURN ($225.00) ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $632.56 CITY GARAGE -Total $11,044.16 W Claims List - 2/20/2018 Fund Vendor Name Payable Description Payment Amount 70 CITY GARAGE -Total $11,044.16 76 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS $20,822.05 WORKERS' COMP SELF -INS -Total $20,822.05 WORKERS'COMPSELF -INS -Total $20,822.05 City Grand Total $1,162,108.37 ill] s� REAL Peoplo • REAL CNaraptar •REAL Community TO: The Honorable Mayor and City Council City of Owasso FROM: Bronce L. Stephenson, MPA Director of Community Development SUBJECT: Ordinance 1119 Nunc Pro Tunc DATE: February 5, 2018 BACKGROUND: In December of 2017, the Owasso City Council approved Ordinance 1119 annexing property located in approximately the 7300 block of the East US -169 Service Rd (N 115th E Ave). The subject property is approximately 12.7 acres in area and it will retain its Tulsa County zoning of IL (Industrial Light) upon annexation. After Ordinance 1119 was approved by Council, an error was discovered in the updated legal description provided by the applicant. The legal description in Ordinance 1119 needs to be corrected. Per State Statues, annexations into Owasso City Limits typically go into effect thirty (30) days after the date of the final passage of the ordinance by City Council. However, due to the timing of the upcoming Owasso City Council election, the effective date of Ordinance 1119 was set after the elections on April 4, 2018. Therefore, the annexation of the property described in Ordinance 1119 has not yet gone into effect. This type of error is corrected by approval of a nunc pro tunc ordinance which is literally translated from Latin as "now for then." Staff has acquired the correct legal description for the subject property and has prepared the nunc pro tunc ordinance. In order to ensure the property is accurately annexed, the nunc pro tunc ordinance must be approved by Council, thereby replacing Ordinance 1119 and the incorrect legal description. RECOMMENDATION: Staff recommends City Council approval of Ordinance 1119 Nunc Pro Tunc. ATTACHMENT: Ordinance 1 1 19 Nunc Pro Tunc CITY OF OWASSO, OKLAHOMA ORDINANCE 1119 NUNC PRO TUNC AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY AS REFERENCED IN ANNEXATION APPLICATION OA 17 -08 AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WHEREAS, public hearings have been held regarding the request for annexation of the property described as being generally located between E 76 Street North and E 69 Street North on N 115 East Avenue; and, WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Annexation Committee, the Owasso Planning Commission, and all statements for or against the requested annexation of the property referenced in application OA 17 -08, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION 1. A tract of land situated in the SW /4 of NW /4 of section 32, T21 N, R14E, I.B. &M., TULSA COUNTY, OKLAHOMA, described as follows: COMMENCING AT THE NW CORNER OF SAID SW /4 OF NW /4; THENCE S89 055'23 "E ALONG THE NORTH LINE OF SAID SW /4 OF NW /4 A DISTANCE OF 157.82 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE EAST R/W LINE OF HWY 169; THENCE S89 055'23 "E ALONG SAID NORTH LINE AND LEAVING SAID R/W LINE A DISTANCE OF 836.09 FEET; THENCE S00 °00'05 "W AND PARALLEL WITH AND 331.00 FEET WESTERLY OF THE EAST LINE OF SAID SW /4 OF NW /4 A DISTANCE OF 660.39 FEET TO THE SOUTH LINE OF SAID SW /4 OF NW /4; THENCE N89 157'16 "W ALONG SAID SOUTH LINE A DISTANCE OF 836.84 FEET TO THE EAST R/W LINE OF HWY 169; THENCE N00 004'00 "E ALONG SAID R/W LINE A DISTANCE OF 660.85 FEET TO THE POINT OF BEGINNING, CONTAINING 12.7 ACRES, MORE OR LESS. The same is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, and its corporate limits maintaining the current zoning of IL (Industrial Light). All persons residing therein, and all property situated thereon, shall be subject to the jurisdiction, control, laws, and ordinances of the City of Owasso, Oklahoma, in all respects and particulars. SECTION 2. From and after the passage and publication of this Ordinance, the real estate and territory described above shall be a part of the City of Owasso, Oklahoma, and in City Council Ward 4. 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 on April 4, 2018. SECTION b. There shall be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance and correct map of the territory annexed. PASSED AND APPROVED this 20th day of February, 2018 Lyndell Dunn, Mayor Attest: Sherry Bishop, City Clerk (SEAL) APPROVED AS TO FORM: Julie Lombardi, City Attorney Page 2 of 2 Ordinance 1119 Nunc Pro Tune s� ftFAL People •REAL Character • REAL Lammuniry TO: The Honorable Mayor and City Council City of Owasso FROM: Jason Woodruff Deputy Chief of Police SUBJECT: Police Headquarters Renovation - Bid Awards and Contracts Assignment Amended Construction Management Contract with Nabholz DATE: February 16, 2018 BACKGROUND: In 2001, the Owasso City Hall and Police Department Headquarters building was constructed at 111 N Main. In the years that followed, unprecedented growth in Owasso and the resulting increased demand for city services caused both City administration and the police department to quickly outgrow the shared facility. Options were explored for the construction of a new police headquarters, but the multimillion dollar expense of such a project, especially the costly construction of a new hardened jail facility, made this option cost prohibitive. Plans were explored to relocate City Hall from 111 N Main to the former First Bank building at 200 S Main. This proposed move would allow for a renovation and expansion project for the cramped Owasso Police Headquarters into the portion of the building vacated by City Hall. As part of that proposal, renovation plans were explored for both the existing City facility and the newly purchased First Bank building. In 2012, Wilson Estes Police Architects (WEPA) contracted with the City of Owasso for basic design services, creation of preliminary sketches of renovation options, and the creation of a general cost estimate for both the new City Hall and the police headquarters projects. The design services were provided by WEPA, who estimated $1.5 million for the proposed renovation of the police department headquarters and a similar cost estimate for the renovation of the former First Bank building, a much more cost effective solution than the estimated $10-15 million for construction of a new police headquarters and jail facility. In July 2016, the renovation of the new City Hall building was completed and staff vacated the former City Hall to move into the new facility. Steps were then undertaken to proceed with the renovation of the recently vacated City Hall portion of the building at 111 N Main into an expanded police headquarters facility. In 2016, Wilson Estes Police Architects changed its name to Police Facility Development Group (PFDG) to better represent the services they provide. The staffing and leadership at the firm remained the same, including the retention of James Estes as the lead architect. In July 2016, Police Facility Development Group was again contracted for basic design services to revise and update the proposed renovation plans for the Owasso Police Headquarters, as well as the recalculation of the outdated project cost estimate that they had completed in 2012. It is important to note that, in the years since the initial broad estimate in 2012, many factors changed, which had a direct and profound impact on design requirements of the police headquarters, including the plan to build a festival park on the southern edge of the property, increased technology demands, increased emergency power needs, and aging infrastructure of the building. Redbud Park The planned festival park will be built on the south side of the Owasso Police Headquarters, occupying space that is currently an open drainage retention area and a 52 -space public parking lot. The park will be an outstanding asset to the community and the development has the support of the police department; however, the placement of a venue for large public gatherings in close proximity to an operational police facility did necessitate some alterations to the layout, design, and functionality of the new police headquarters. To improve customer flow and allow better access by the community, the public entrance and lobby were moved from the center of the building to the west side. Service areas that require routine public access, such as the records division, property room, and victim /witness interview rooms were subsequently relocated and redesigned to allow direct access from the new public lobby. The employee entrances were relocated to the north side to avoid issues with parking, create ease of access, and address security concerns related to the large crowds expected at the park grounds. Due to the close proximity to the jail entrance in open view of the festival park, the sally port/enclosed prisoner unloading area was expanded to provide visual separation, improve privacy for juvenile suspects, improve noise - dampening, and improve security protections for the officers getting in and out of their patrol vehicles. The expanded enclosed sally port with a one - way exit for police vehicles on the north side, coupled with closing the alleyway between police headquarters and the festival park on the south side, will greatly improve traffic and pedestrian safety, especially when considering the possibility of small children playing in the park near where patrol vehicles exit rapidly in response to emergency calls. The loss of the south parking lot necessitated plans for a new parking area on the north side to service the police department. A house is currently on the area proposed for the new parking lot and the property is privately owned, requiring property acquisition, demolition of the existing structure, base dirt work, asphalt, and fencing to create 32 new parking spaces to offset a portion of the 52 spaces lost to the festival park. Technology Most law enforcement and dispatch tools needed to operate a modern police department are computerized, including the emergency police /fire radios, 911 system, the internal telephone system, CAD system, report writing system, and internal /external security controls. Without servers to support those functions, providing even basic police services would become extremely difficult, if not impossible. The servers required to keep the department running are housed in a secure server room on the second floor. The racks full of computer equipment in the server room generate a great deal of heat, which must be constantly controlled with a redundant climate control system. If the cooling system fails, the servers will overheat and automatically shut down within as little as 20 minutes. A portable AC unit was purchased as a temporary back -up cooling system, but a true dual mini -split system would be required to provide a permanent and reliable solution for redundant cooling in the server room. Similarly, if the electrical supply is interrupted to the server room during an outage, either to the servers themselves or the cooling systems, the servers will shut down and interrupt service to the police personnel. Changes in the server room are also planned, such as rerouting plumbing in the ceiling to avoid damage to servers and ensure operations are not shut down due to leaks. Emergency Power An assessment of the current emergency generator system was conducted to ensure that the department could function in the case of a short or long -term power outage. The existing generator was found to be severely underpowered to meet even the needs of the basic functions of the current police department, not including the increased demands of the server system's new redundant cooling system or the planned renovation areas vacated by City Hall. The option of adding a second supplemental generator was explored and quickly ruled out due to the high cost of re- wiring the existing structure, which would offset any potential cost savings of keeping the existing generator. In the end, replacing the existing generator with a much larger, more powerful system proved to be the best option to meet the needs of the new police headquarters and ensure that the Owasso Police Department could function in the event of a widespread loss of electrical power. Infrastructure The overall structure and condition of the building are excellent, as they were during the 2012 assessment. However, several large components of the building's infrastructure are now nearing the end of expected lifecycles and are therefore in need of modernization. Several large water leaks have damaged structures inside the building due to aging plumbing and a catastrophic failure was narrowly avoided in the sensitive computer server room when an overhead pipe leaked. An initial broad estimate of $840,000 was projected for repair and /or replacement of the inadequate infrastructure systems to improve the efficiency and function of the building, including a complete replacement of the HVAC system, boiler replacement, plumbing repair and /or replacement and retrofitting lighting throughout the building with more efficient LED fixtures. Police Headquarters Renovation On December 6, 2016, a contract was approved by City Council with Police Facility Design Group for the final stages of the design and engineering, including the schematic phase, design /development phase, construction document phase, bidding /negotiation phase, and final construction phase with compensation of 8% of the final project cost minus a $10,000 credit for previously conducted architectural work. In February 2017, the City of Owasso entered into a construction management agreement with Nabholz Construction Corporation in an amount of $5,000 for pre- construction services to include plan review and execution of the competitive bidding process to ensure that all facets of bidding comply with the Oklahoma Public Competitive Bidding Act of 1974 and with City of Owasso ordinances and Owasso City Charter. Throughout the remainder of 2017, City staff held extensive discussions with the architecture team from Police Facility Design Group and the pre- construction coordinators from Nabholz to develop a quality design for the building that would meet the needs of the community and the Owasso Police Department while still being responsible stewards of the taxpayers' funds. Particular attention was directed at cost reduction through a minimalist design of the interior spaces by keeping as much of the existing footprint as possible inside the existing structure. Above prioritizing the facility's aesthetics, emphasis was placed on the basic function of the building, specifically the mechanical infrastructure of the facility. In December 2017, a final design was completed, civil and mechanical engineering studies were finalized, and detailed bid specifications were created. Although the true cost of the project would not be known until the actual construction bids were calculated, a detailed analysis of the expected material and labor costs resulted in a pre -bid estimate of between $3.5 million and $3.9 million. On December 27, 2017, the bid advertisement and notification process was initiated. Eighty -five bids were received. On January 19, 2018, sealed bids were opened and read aloud in front of a standing room only crowd of prospective construction contractors. There were 24 separate bid categories with eight alternates included in the original bid documents. The alternates were "delete alternates," meaning they are items that could be removed as cost saving measures if needed. All 24 bid items received bids at the opening, with all but one item receiving multiple bids. Base Bid Category Bids Low Bid High Bid Building Demolition 4 $65,333 $80,442 Concrete 4 $119,350 $220,950 Precast Concrete 2 $163,400 $227,700 Masonry 4 $54,919 $158,216 Steel Material Supply & Erecting 3 $79,872 $201,444 Millwork 2 $117,856 $148,204 Waterproofing 3 $12,682 $33,000 Roofing 5 $37,200 $94,160 Doors, Frames, Hardware 3 $93,550 $176,073 Wood Door Supply 3 $12,106 $18,790 Storefront Glass & Glazing 4 $79,466 $109,000 Overhead Doors 5 $13,442 $21,139 Drywall & Ceilings 5 $164,760 $211,732 Tile & Commercial Flooring 4 $144,570 $173,040 Painting & Wallcoverings 8 $86,575 $121,831 Building Specialties 2 $21,815 $25,337 Signage 2 $18,606 $29,006 Fire Suppression 4 $40,000 $49,900 Plumbing & HVAC 3 $582,740 $847,000 Electrical, Fire Alarm & Security 3 $998,776 $1,265,000 Asphalt Paving & Markings 3 $36,330 $45,165 Earthwork & Site Utilities 4 $110,000 $168,200 Fencing 4 $61,300 $100,000 Landscaping 1 $12,300 $12,300 Alternate Bid Delete Items Cost Second Floor Flooring - $18,470 _ Second Floor Painting - $12,830 Second Floor Lighting - $21,613 Jail Painting - $16,675 Sidewalks - $5,600 Outdoor Patio - $12,725 Fencing - $99,521 NE Parking Lot Delete - $153,924 BID AWARD & ASSIGNMENT OF BIDS: Due to the nature of the Professional Services Contract entered into with Nabholz for construction management services, and per the State Competitive Bidding Act of 1974, the City of Owasso is responsible for awarding successful bids. Concurrent with the award of bids, the bid contracts are assigned to Nabholz as the construction management firm throughout the renovation /construction project. Category Low Bid Responsive Bidder Building Demolition $65,333 Total Demolition Concrete $119,350 D -Kerns Construction Precast Concrete $163,400 Arrowhead Masonry $54,919 Procraft Steel Material Supply & Erecting $79,872 Figtree Millwork $117,856 Fadco Waterproofing $12,682 Oklahoma Roofing Roofing $37,200 Atwell Roofing Doors, Frames, Hardware $93,550 Builders Supply Wood Door Supply $12,106 Windor5upply Storefront Glass & Glazing $79,466 Couter & Company Overhead Doors $15,485 Johnson Equipment Drywall & Ceilings $164,760 MI-Jones Tile & Commercial Flooring $144,570 PT Enterprises Painting & Wallcoverings $86,575 Vale Painting Building Specialties $25,337 Nabholz Signage $18,606 A -Max Signs Fire Suppression $40,000 Frazier Fire Plumbing & HVAC $582,740 McIntosh Services Electrical, Fire Alarm & Security $998,776 Colburn Asphalt Paving & Markings $36,330 Dunhams Earthwork & Site Utilities $110,000 D -Kerns Construction Fencing $61,300 Ranchers Pipe & Steele Landscaping $12,300 Horizon Total $3,132,513 Most notably, low bidders in the electrical and plumbing categories alone exceeded $1.5M, albeit those areas did include many major anticipated infrastructure expenses related to the new emergency power system, plumbing replacement, security /video, HVAC, and boilers. There was also a considerable difference in cost between the low and high bids in these categories. Due to this wide variance, City staff and Nabholz have reviewed the low bids in electrical and plumbing to confirm that they meet the minimum bid specifications and have consulted with the bidders themselves to ensure that they will honor the low bids. As a precaution, Nabholz staff recommended increasing the general contingency from 5% to 7% to account for any potential unforeseen cost overruns in these major categories. Also of note, in the Overhead Door category, the lowest bidder (Oklahoma Automatic Door $13,442) withdrew their bid during the evaluation process. The next lowest bidder was Johnson Equipment with a bid of $15,485. In the Building Specialties category, the lowest bid was submitted by S.A. Anderson for $21,815; however, the bid submittal packet included several exclusions that failed to meet the minimum bid specifications, resulting in Nabholz Construction having the lowest acceptable bid at $25,337. Aside from the bid process, additional project allowances were allocated for services that will likely be encountered during construction: Service Allowance Furniture Moving $15,000 Hardware Repairs /Replacement $7,500 3rd Party Material Testing $10,000 Overhead Power Line Protection $5,000 Total $37,500 CONSTRUCTION MANAGEMENT CONTRACT AMENDMENT: After the above mentioned awards and assignments are made, staff will ask the Council, via a separate action item, to approve an amended contract with Nabholz Construction Corporation for construction management services. The amended contract will encompass the original agreement covering pre- construction services and the total amount of awarded bid items, estimated costs for yet -to -be awarded contracts, general conditions, fees, bonding requirements, and contingencies affiliated with standard construction contracts. This amended contract with Nabholz establishes a "not to exceed dollar amount' or guaranteed maximum price of $3,933,934.37. Only a change or addition to the scope of work at the direction of the City of Owasso would result in additional expenditures above the final contract amount. The proposed contract includes a 7% contingency amount of $257,033.09, which is intended for use only if unknown conditions arise that would change the scope of work. This contingency may only be utilized by authorization from the City of Owasso after "any and all alternatives are considered between the owner, architect, and construction management firm. Any change order or subsequent bid award and additional work outside of the original scope of work shall be authorized by the City of Owasso per the Owasso City Charter and Ordinances. If approved, general compensation to Nabholz for construction management will be $174,852.44 or 5% of the total construction cost. Additionally, there are specified site costs and expenses for which Nabholz Construction will be reimbursed by the City as part of the agreement. These expenses include equipment rental, vehicle leases, dumpsters rental /service, site clean -up, portable toilets, on -site supervisory and engineering staff, as well as temporary fencing, barricades and safety equipment. Below is a summary of the management fees and the expected reimbursements to Nabholz in accordance with the proposed contract: Item Cost General Conditions $184,065.84 General Requirements $81,770.00 General Liability $34,000.00 Builders Risk $4,800.00 Performance Payment Bond $22,400.00 Construction Management Fee (5 %) $174,852.44 Total $501,888.28 As stated above, Nabholz Construction Management establishes the guaranteed maximum price of $3,933,934.37; however, it should be noted that this figure does not encompass every expense associated with the project and should not be viewed as the "total project cost'. Additional expenses include Architecture and Engineering fees ($310,000), which were previously addressed in a separate council action in 2017, as well as Furniture, Fixture and Equipment (FF &E) expenses (approximately $250,000), which will be addressed with future council actions. Although City staff plans to re -use as much of the existing furniture as possible, there will be needs within the new facility upon the completion of construction, especially in the newly constructed /heavily altered work areas. Anticipated FF &E needs include dispatch consoles /equipment, computers, telephones, as well as basic furniture for offices, conference rooms, training rooms, interview rooms, and the public lobby. The total project cost is estimated at $4,493,934, including the construction guaranteed maximum price and all of the outside expenses outlined above. RECOMMENDATION #1: Staff recommends award of the following bids for the Police Headquarters Renovation Project: Category Bid Amount Recommend Bidder Building Demolition $65,333 Total Demolition Concrete $119,350 D -Kerns Construction Precast Concrete $163,400 Arrowhead Masonry $54,919 Procraft Steel Material Supply & Erecting $79,872 Figtree Millwork $117,856 Fadco Waterproofing $12,682 Oklahoma Roofing Roofing $37,200 Atwell Roofing Doors, Frames, Hardware $93,550 Builders Supply Wood Door Supply $12,106 WindorSupply Storefront Glass & Glazing $79,466 Couter & Company Overhead Doors $15,485 Johnson Equipment Drywall & Ceilings $164,760 MI-Jones Tile & Commercial Flooring $144,570 PT Enterprises Painting & Wallcoverings $86,575 Vale Painting Building Specialties $25,337 Nabholz Signage $18,606 A -Max Signs Fire Suppression $40,000 Frazier Fire Plumbing & HVAC $582,740 McIntosh Services Electrical, Fire Alarm & Security $998,776 Colburn Asphalt Paving & Markings $36,330 Dunhams Earthwork & Site Utilities $110,000 D -Kerns Construction Fencing $61,300 Ranchers Pipe & Steele Landscaping $12,300 Horizon Total $3,132,513 RECOMMENDATION #2: Staff recommends assignment of the police headquarters renovation bid contracts to Nabholz Construction Corporation for the purpose of construction management and project oversite for the duration of the renovation period and approval of an amended Construction Management Agreement with Nabholz Construction Corporation for construction management services and oversite of the Police Headquarters Renovation Project with a guaranteed maximum price of $3,933,934.37. ATTACHMENTS: Bid Packet Submissions and Summary Agreement with Nabholz Construction Corporation dated February 1, 2017 Amended Agreement with Nabholz Construction Corporation (including Exhibit A) Owasso Police Station Bid Tabs - January 19th, 2018 NAMR17 Building Demolition American Demo Total Demo Ark Wecking DT Specialized Base Bid $80,442.00 $65,333.00 $71,650.00 $78,000.00 Alt 1 - $3,100.00 41,500.00 Alt - $6,150.00 - $5,000.00 Concrete Base Bid Timbenvolf Conlech Canters D-kems $187,200.00 $220,950.00 $204,160.00 $119,350.00 Aft $2,800.00 47,300.00 - $10,860.00 45,600.00 Alt - $2,500.00 45,700.00 - $3,960.00 - $3,750.00 Alt - $13,100.00 $10,000.00 - $6,530.00 Alt $18,70D.00 - $12,000.00 45,000.00 Precast Concrete Arrowhead Advanced Masonry Base Bid $163,400.00 $227,700.00 Masonry Advanced Wlks Brazeal Procmfl Base Bid $80,960.00 $158,216.00 $77,200.00 $54,919.00 All $9,800.00 - $5,967.00 Alt? $21,500.00 $34,700.00 - $38,221.00 Steel (Material Supply S Erection) Fig Tree Metal Building Ind- Green Country Base Bid $79,872.00 $101,967.00 $201,444,50 Alt - $3.591.00 48,750.00 Mlllwark Fad. Wood Systems Base Bid $117,856.00 $148,204.00 Waterproofing, Damprooring, Sealants Base Bid OK Building Solutions klehoma Waterproo0n Oklahoma Roofing $33.000.00 $18,445.00 $12,882.00 Roofing Base Bid Alwell Roofing DP Byers Turner Roofing Oklahoma Roofing Allwine Roofing $37,200.00 $77,028.00 $58,539.00 $89,100.00 $94,160.00 Alterante Doors, Frames, Hardware Base Bid Felix Thompson Murray Womble Builders Supply $115,205.00 $176,073.00 $93,550.00 Wood Doors (Supply) Base Bid Winder Supply Precision Door Felix Thompson $12,106.00 $18,79D.00 $12,713.00 Storefront Glass 8 Glazing Base Bid Advantage Glass Robinson Glass Apax Glass Coulter 8 Co. $10900.00 $106,598.00 $83,397.00 $79,466.00 Overhead Coiling Doors Base Bid Johnson Equip. Oklahoma Automatic Door Murray Womble Tulsa Overhead Door Overhead Door Co. $15,485.00 $13,442.00 $21.139.00 $17,906.00 $19,540.00 "Requested to withdrew bid Drywall and Callings Arrow Construction Southwest Drywall M l Jones Green Country SenneVCahill Base Bid $182,800.00 $197,977.00 $164,780.00 $185,915.OD $211,732.00 Aft 6 - $1,800.00 - $3,008.00 - $3,485.00 Tile and Commercial Flooring Base Bid Floiwight Canals Commercial Interior Concepts P T Enterprises $173,040.00 $156,862.00 $164,200.00 $144,570.00 Alti 419,671.00 - $13,500.00 - $20,600.00 - $18,470.00 Painting & Wallcoverings Base Bid Vale Painting JC Palmmg M L Jones Brothers United Wljo Interiors PT Enterpdses Riverpainl Reiss Painting $86,575.00 $86.770.00 $97,300.00 $105,000.00 $103,600.00 $87.044.00 $121,831.00 $98,900.00 AR 412,830.00 - $9,760.00 - $14,100.00 - $28,000.00 - $6,825.00 - $10,660.00 - $13,419.00 - $6,300.00 AR - $16,675.00 - $11,750.00 - $10,500.00 - $4,820.00 - $7,365.00 - $7,959.00 -$13,745.00 413,440.00 AR 6 - $1,300.00 4520.00 - $1,746.00 Building Specialties Base Bid Nabholz SA Installation $25;337.00 $21,815.00 "bid not complete Slgnage A -max Signs Felix Thompson Base Bid $180608000 $29,008.00 Alterante Fire Suppression Base Bid American Fire Protection All American fire Frazier Fire Mac Systems $49, 900.00 $46,730.00 $40,000,00 $42,340,00 Alterante Plumbing & INAC Complete Base Bid McIntosh Services Action Inc. Davco Mechanical $582,740.00 $826,828.00 $847,000.00 Electrical, Fire Alarm, Security Base Bid Alliance Colbum Third Generation $1,183.500.00 $998,776.00 $1,265,000.00 At 421,613.00 $31,100.00 At 8 $10,253.00 - $91388.00 Asphalt Paving & Markings Ellsworth Paving Dunhams Ellsworth Cons. Base Bid $45,165.00 $38,330.00 $41,000.00 Pit 41900.00 Earthwork& Site Utilities Base Bid Contech D -Kerns Cons. Timbervolf Ellsworth Cons. $15000.00 $110,000.00 $168,200.00 $133,750.00 Aft 8 - $32.000.00 $16,000.00 - $41,000.00 - $19,475.00 Fencing Base Bid Ranchers Pipe & Steel Owasso Fence Empire Fence Cooks Fence $61,300.00 $88,800.00 $100,000.00 $75,891.00 Alt - $4,800.00 - $1,000.00 - $3,000.00 Alt - $61,300.00 . $75,000.00 - $601000.00 . $57,186.00 Landscaping Base Bid Horizon $12,300.00 Alternates 1. Second Floor Flooring 2. Second Floor Painting 3. Second Floor Lighting 4. Detention Area Painting 5. New Perimeter Sidewalks 6. Outdoor Patio 7. Secured Parking Fencing 8. Demo House, Parking Lot T r -- lA Document A133" - 2009 Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price The Construction Manager's Designated Representative: (name, address and other information) Curt Hellen Nabholz Construction Corporation 10319 East 54" Street Init. AIA Document Al 33-- 2009 (formerly A121"CMc- 2003). Copyright ® 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAc Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. l This document was produced by AIA software at 14:58:48 on 0210112017 under Order No.8821137397 1 which expires on 05/14/2017, and is na for resale. User Notes: — (1483818875) ADDITIONS AND DELETIONS: AGREEMENT made as of the I st day of February in the year 2017 The author of this document has (!n words, indicate day, month and year.) added information needed for its completion. The author may also BETWEEN rile Owner. have revised the text of the original (Nnure, legal sorts and address) AIA standard torn. An Additions and Deletions Report that notes added City of Owasso Information as well as revisions to 102 West 2 "d Avenue the standard form text is available Owasso, OK 74055 from the author and should be reviewed. A vertical line in the left margin of this document indicates and the Construction Manager: where the author has added (None, legal status and address) necessary information and where Nabholz Construction Services the author has added to or deleted 10319 East 54" Street from the original AIA text. Tulsa, OK 74146 This document has important legal for the following Project: consequences. Consultation with an (Name and address a• location) attorney is encouraged with respect to its completion or modification. Owasso Police Department Renovation AIA Document A201" —2007, I I 1 N. Nfain General Conditions of the Contract Owasso, OK 74055 for Constructor, is adopted in this document by reference. Do not use The Architect: with other general conditions unless (Name, legal status and address) this document is modified. Wilson Estes Police Architects 523 Walnut St. Kansas City, MO 64106 The Owner's Designated Representative: (Name, address and other information) Warren Lehr City Manager City of Owasso 102 West 2n^ Avenue Owasso, OK 74055 918- 376 -1500 The Construction Manager's Designated Representative: (name, address and other information) Curt Hellen Nabholz Construction Corporation 10319 East 54" Street Init. AIA Document Al 33-- 2009 (formerly A121"CMc- 2003). Copyright ® 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAc Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. l This document was produced by AIA software at 14:58:48 on 0210112017 under Order No.8821137397 1 which expires on 05/14/2017, and is na for resale. User Notes: — (1483818875) Tulsa, OK 74146 918 - 632 -7200 The Architect's Designated Representative: (Name, address and other injorrnation) Mr. James Estes Wilson Estes Police Architects 523 Walnut St, Kansas City, MO 64106 816.298 -6700 The Owner and Construction Manager agree as follows AIADocument At3391— 2009(formerly A121- Me- 2007). Copydghtm 1991. 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIAo Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe 2 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. ( This document was produced by AIA software at 14:68:48 on 02/0112011 under Order No. 8621137797 1 which expires on 0511412017, and Is not for resale. User Notes: (1483616875) TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES 3 OWNER'S RESPONSIBILITIES 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES 6 COST OF THE WORK FOR CONSTRUCTION PHASE 7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES 8 INSURANCE AND BONDS 9 DISPUTE RESOLUTION 10 TERMINATION OR SUSPENSION 11 MISCELLANEOUS PROVISIONS 12 SCOPE OF THE AGREEMENT ARTICLE 1 GENERAL PROVISIONS § 1.1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to the execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. Upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal, the Contract Documents will also include the documents described in Section 2.2.3 and identified in the Guaranteed Maximum Price Amendment and revisions prepared by the Architect and furnished by the Owner as described in Section 2.2.8. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. If anything in the other Contract Documents, other than a Modification, is inconsistent with this Agreement, this Agreement shall govern. § 1.1.1 Construction Manager shall exercise the degree of care, skill and diligence in the performance of the Construction Manager's Work, to assure its Work is performed in a good and workmanlike manner, consistent with construction industry standards for similar projects and circumstances in the same geographic area (hereinafter the "Construction Manager's Standard of Care "). The Construction Manager shall be responsible for and have control over all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Construction Manager's Work under this Agreement, including all coordination of the duties of all trades, and shall fumish efficient business administration and supervision of the Work. Construction Manager's Standard of Care specifically excludes any design or design - related responsibilities, and any action taken by Construction Manager under this Agreement does not and shall not be construed to approve, represent or warrant the adequacy and suitability of the plans and specifications for the purpose for which they are provided. § 1.1.2 To the extent the Owner requests that the Construction Manager provide services within standard of care, such as value analysis and/or constructability suggestions or comments with respect to the Drawings and Specifications, Owner acknowledges that such services are advisory only and not professional design services. The Owner shall refer all suggestions and comments to the Architect or other design professionals for review and evaluation prior to Owner's acceptance thereof. The Owner further acknowledges that the Construction Manager is InIL AIA Document A133e'— 2009 (formerly A121TMCMc- 2003). Copyright 01991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAc Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. 3 / This document was produced by AIA software at 14:59:48 on 02/0112017 under Order No.8921137397 1 which expires on 0511411017, and is not for resale. User Notes: (1483818875) not responsible for adequacy of the drawings and specifications or for confirming the absence of errors or omissions that may exist therein. The Owner shall cause the Architect to revise the Drawings and Specifications to reflect all value analysis and constructability suggestions and comments accepted by the Owner without delay or disruption to the timely and orderly progress of the work. The contract sum and contract time may be adjusted upon the Contractor's review and pricing of the revised Drawings and Specifications. § 1.2 Relationship of the Parties The Construction Manager accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Construction Manager's skill and judgment in furthering the interests of the Owner; to furnish efficient construction administration, management services and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in an expeditious and economical manner consistent with the Owner's interests. The Owner agrees to furnish or approve, in a timely manner, information required by the Construction Manager and to make payments to the Construction Manager in accordance with the requirements of the Contract Documents. § 1.3 General Conditions For the Preconstruction Phase, AIA Document A20IT ^t -2007 (as amended), General Conditions of the Contract for Construction, shall apply only as specifically provided in this Agreement. For the Construction Phase, the general conditions of the contract shall be as set forth in A201 -2007 (as amended), which document is incorporated herein by reference. The term "Contractor" as used in A201 -2007 (as amended) shall mean the Construction Manager. ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES The Construction Manager's Preconstruction Phase responsibilities are set forth in Sections 2.1 and 2.2. The Construction Manager's Construction Phase responsibilities are set forth in Section 2.3. The Owner and Construction Manager may agree for the Construction Phase to commence prior to completion of the Preconstruction Phase, in which case, both phases will proceed concurrently. The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. § 2.1 Preconstruction Phase § 2.1.1 The Construction Manager shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other. § 2.1.2. Consultation The Construction Manager shall schedule and conduct meetings with the Architect and Owner to discuss such matters as procedures, progress, coordination, and scheduling of the Work. The Construction Manager shall advise the Owner and the Architect on proposed site use and improvements, selection of materials, and building systems and equipment. The Construction Manager shall also provide recommendations consistent with the Project requirements to the Owner and Architect on constructability; availability of materials and labor; time requirements for procurement, installation and construction; and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, and possible cost reductions. § 2.1.3 When Project requirements in Section 3. 1.1 have been sufficiently identified, the Construction Manager shall prepare and periodically update a Project schedule for the Owner's acceptance. The Construction Manager shall obtain the Architect's approval for the portion of the Project schedule relating to the performance of the Architect's services. The Project schedule shall coordinate and integrate the Construction Manager's services, the Architect's services, other Owner consultants' services, and the Owner's responsibilities and identify items that could affect the Project's timely completion. The updated Project schedule shall include the following: completion of various elements of the Architect's work, submission of the Guaranteed Maximum Price proposal; components of the Work; times of commencement and completion required of each Subcontractor (or appropriate breakdown of the Work); ordering and delivery of products, including those that must be ordered in advance of construction (if such products are known by or communicated to the Construction Manager) and the occupancy requirements of the Owner. § 2.1.4 Phased Construction The Construction Manager shall provide recommendations with regard to accelerated or fast -track scheduling, procurement, or phased construction. The Construction Manager shall take into consideration cost reductions, cost information, constructability, provisions for temporary facilities and procurement and construction scheduling issues. AIA Document A133"' —2009 (formerly A121 "'CMe — 2003). Copyright ®1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init WARNING: This AIAS Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA 4 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. f This dccumentwas produced by AIA software at 14:68:48 on 02/012017 under Order No.8621137397 1 which expires on 051142017, and is n(, for resale. User Notes: § 2.1.5 Preliminary Cost Estimates § 2.1.5.1 Based on the preliminary design and other design criteria prepared by the Architect, the Construction Manager shall prepare preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume or similar conceptual estimating techniques for the Architect's review and Owner's approval. If the Architect or Construction Manager suggest alternative materials and systems, the Construction Manager shall provide cost evaluations of those alternative materials and systems. § 2.1.5.2 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall prepare and update, at appropriate intervals agreed to by the Owner and Construction Manager, estimates of the Cost of the Work of increasing detail and refinement until such time as the Owner and Construction Manager agree on a Guaranteed Maximum Price for the Work. Such estimates shall be provided for the Architect's review and the Owner's approval. The Construction Manager shall inform the Owner and Architect when estimates of the Cost of the Work exceed the latest approved Project budget and make recommendations for corrective action. § 2.1.6 Subcontractors and Suppliers The Construction Manager shall develop bidders' interest in the Project § 2.1.7 Extent of Responsibility The Construction Manager shall exercise reasonable care in preparing schedules and estimates. The Construction Manager, however, does not warrant or guarantee estimates and schedules except as may be included as part of the Guaranteed Maximum Price. The Construction Manager is not required to ascertain that the Drawings and Specifications are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Construction Manager shall promptly report to the Architect and Owner any nonconformity discovered by or made known to the Construction Manager as a request for information in such form as the Architect may require. § 2.1.8 Notices and Compliance with Laws The Construction Manager shall comply with applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to its performance under this Contract, and with equal employment opportunity programs, and other programs as may be required by governmental and quasi governmental authorities for inclusion in the Contract Documents. (Paragraphs deleted) § 2.2 Guaranteed Maximum Price Proposal and Contract Time § 2.2.1 When the Drawings and Specifications have been completed, the Construction Manager will solicit trade contractors for competitive bids in relevant trade categories. Upon completion of the bidding cycle, the Construction Manager shall propose a Guaranteed Maximum Price ( "GMP "), which shall be the sum of the estimated cost of work, including contingencies described in Section 2.2.4 and the Construction Manager's Fee. § 2.2.2 The Owner and Construction Manager acknowledge that the Construction Manager will/has developed the Guaranteed Maximum Price based upon completed Contract Documents "CDs ". In the event that the Owner and Construction Manager agree that the Construction Manager will develop a Guaranteed Maximum Price before the completion of the Contract Documents (CDs), in that such Drawings and Specifications do not contain all details and requirements of the Work, the Guaranteed Maximum Price will be based on certain assumptions by the Construction Manager. To the extent that the Drawings and Specifications are anticipated to require further development by the Architect, the Construction Manager will include an allowance to be identified in the GMP Amendment for such further development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, or any condition which was not reasonably anticipated by the Construction Manager's assumptions regarding the completion of the design, all of which, if required shall be incorporated by Change Order for additional cost and/or time as required. If the Contract Documents (CDs) or final Drawings and Specifications require performance of the Work in any manner different from such assumptions, or contain changes in the scope of the Work to be performed by the Construction Manager, the Construction Manager shall as soon as practicable notify the Owner thereof and of the Construction Manager's Init AIADmument A133"'- 2009(fomedy A121"CMe- 2003).CopyrightO 1991, 2003 and 2009 by Tha American Institute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA11 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. / This document was produced by AIA software at 14:58:48 an 02/01/2017 under Order No.8621137397 1 which expires on 05/142017, and Is not for resale. User Notes: (7463818875) estimate of the resulting increase or decrease in the Guaranteed Maximum Price. At such time as the Owner and the Construction Manager have agreed upon the effect of such difference and /or changes in the scope of the Work, a Change Order shall be issued substituting the finished Contract Documents (CDs) for those described in this Agreement and the Guaranteed Maximum Price and Contract Time shall be adjusted as agreed by the parties. § 2.2.3 The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its basis, which shall include the following: .1 A list ofthe Drawings and Specifications, including all Addenda thereto, and the Conditions of the Contract; .2 A list of the clarifications and assumptions made by the Construction Manager in the preparation of the Guaranteed Maximum Price proposal, including assumptions under Section 2.2.2, to supplement the information provided by the Owner and contained in the Drawings and Specifications; .3 A statement of the proposed Guaranteed Maximum Price, including a statement of the estimated Cost of the Work organized by trade categories or systems, allowances, contingency, and the Construction Manager's Fee; .4 The anticipated date of Substantial Completion upon which the proposed Guaranteed Maximum Price is based; .5 A date by which the Owner must accept the Guaranteed Maximum Price; and .6 The Date of Commencement of the Work shall be within ten (10) days of receipt of 1) Owner's Notice to Proceed, 2) the issuance of all applicable permits, and 3) Proof of adequate financing for the Work by the Owner and/or Owner's lender (in a form suitable to the Construction Manager), whichever is later. § 2.2.4 The GMP shall contain a mutually agreeable and separately identified contingency (the "Construction Contingency ") for the sole use by the Construction Manager. The Construction Contingency is not allocated to any particular item of the cost of the Work and is established for the Cost of the Work incurred by the Construction Manager, including mitigation of weather impact, losses, expenses or damages not covered by insurance or bonds, low estimates or deviations from the estimated cost and overly aggressive scheduling or shortage of properly skilled workforce. It is understood by the Parties that this contingency is not to be allocated to costs due to errors and omissions in the Contract Documents (CDs) or to remedy, correct or resolve any inconsistencies, ambiguities, errors or omissions contained within the Architect's work product on which the Construction Manager's Guaranteed Maximum Price was based. § 2.2.5 The Construction Manager shall meet with the Owner to review the Guaranteed Maximum Price proposal. In the event that the Owner and Architect discover any inconsistencies or inaccuracies in the information presented, they shall promptly notify the Construction Manager, who shall make appropriate adjustments to the Guaranteed Maximum Price proposal, its basis, or both. § 2.2.6 If the Owner notifies the Construction Manager that the Owner has accepted the Guaranteed Maximum Price proposal in writing before the date specified in the Guaranteed Maximum Price proposal, the Guaranteed Maximum Price proposal shall be deemed effective without further acceptance from the Construction Manager. Following acceptance of a Guaranteed Maximum Price, the Owner and Construction Manager shall execute the Guaranteed Maximum Price Amendment amending this Agreement, a copy of which the Owner shall provide to the Architect. The Guaranteed Maximum Price Amendment shall set forth the agreed upon Guaranteed Maximum Price with the information and assumptions upon which it is based. § 2.2.7 Prior to the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal and issuance of a Notice to Proceed, with the exception of reimbursable costs associated with Preconstruction Services, the Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work, except as the Owner may specifically authorize in writing. § 2.2.8 The Owner shall authorize the Architect to provide the revisions to the Drawings and Specifications to incorporate the agreed -upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment. The Owner shall promptly furnish those revised Drawings and Specifications to the Construction Manager as they are revised. The Construction Manager shall notify the Owner of any inconsistencies between the halt. AIA Document A133 -- 2009 (formerly A121 -CMc — 2003). Copyright ®1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA 6 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. ( This document was produced by AIA software at 14:58:48 an 02/012017 under Omer No.BB21137397 1 which expires on 051142017, and is not for resale. User Notes: (1483616875) Guaranteed Maximum Price Amendment and the revised Drawings and Specifications, provided the Architect clouds all changes to the Drawings and Specifications on which the Guaranteed Maximum Price was based. § 2.2.9 The Construction Manager shall include in the Guaranteed Maximum Price all sales, consumer, use and similar taxes for the Work provided by the Construction Manager that are legally enacted at the time the Guaranteed Maximum Price Amendment is executed. § 2.3 Construction Phase § 2.3.1 General § 2.3.1.1 For purposes of Section 8.1.2 of A201 -2007 (as amended), die date of commencement of the Work shall mean the date of commencement of the Construction Phase. § 2.3.1.2 The Construction Please shall commence upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal or the Owner's issuance of a Notice to Proceed, whichever occurs earlier. § 2.3.2 Administration § 2.3.2.1 Those portions of the Work that the Construction Manager does not customarily perform with the Construction Manager's own personnel shall be performed under subcontracts or by other appropriate agreements with the Construction Manager. The Owner may designate specific persons from whom, or entities from which, the Construction Manager shall obtain bids. However, if the Guaranteed Maximum Price has been established, the Owner may not prohibit the Construction Manager from obtaining bids from other bidders. The Construction Manager shall obtain bids from Subcontractors and from suppliers of materials or equipment fabricated especially for the Work and shall deliver such bids to the Owner. The Owner shall then determine, in consultation with the Construction Manager and the Architect, which bids will be accepted. The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection. § 2.322 If the Guaranteed Maximum Price has been established and when a specific bidder (1) is recommended to the Owner by the Construction Manager, (2) is qualified to perform that portion of the Work, and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Construction Manager may require that a Change Order be issued to adjust the Contract Time and the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the amount and time requirement of the subcontract or other agreement actually signed with the person or entity designated by the Owner. § 2.3.2.3 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement, and shall not be awarded on the basis of cost plus a fee without the prior consent of the Owner. If the subcontract is awarded on a costplus a fee basis, the Construction Manager shall provide in the subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Construction Manager in Section 6.10 below. § 2.3.2.4 If the Construction Manager recommends a specific bidder that is a parent, subsidiary, affiliate, or other entity having common ownership or management with the Construction Manager, then the Construction Manager shall promptly notify the Owner in writing of such relationship and notify the Owner of the specific nature of the contemplated transaction. § 2.3.2.5 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures, progress, coordination, scheduling, and status of the Work. The Construction Manager shall prepare and promptly distribute minutes to the Owner and Architect. § 2.3.2.6 Upon the execution of the Guaranteed Maximum Price Amendment, the Construction Manager shall prepare and submit to the Owner and Architect a construction schedule for the Work and submittal schedule in accordance with Section 3.10 of A201 -2007 (as amended). § 2.3.2.7 The Construction Manager shall record the progress of the Project. On a monthly basis, or otherwise as agreed to by the Owner, the Construction Manager shall submit written progress reports to the Owner and Architect, showing percentages of completion and other information required by the Owner. The Construction Manager shall also keep, and make available to the Owner and Architect, a daily log containing a record for each day of weather, Init. AiA uocument A133'"-2009 (formerly A121 -CMe- 2003). Copyright ®1991, 2003 and 2009 by The American Institute ofAfchitects. All rights reserved. WARNING: This AIA= Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. 7 This document was produced by AIA software at 14:58:48 on 02/0112017 under Order No.8621137397 1 which expires on 0 511 4 /20 1 7, and Is not for resale. User Notes: — (1403616875) portions of the Work in progress, number of workers on site, identification of equipment on site, problems that might affect progress of the work, accidents, injuries, and other information required by the Owner. § 2.3.2.8 The Construction Manager shall develop a system of cost control for the Work, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. § 2.4 Professional Services Section 3.12. 10 of A201 -2007 (as amended) shall apply to both the Preconstruction and Construction Phases. § 2.5 Hazardous Materials Section 10.3 of A201 -2007 (as amended) shall apply to both the Preconstruction and Construction Phases. ARTICLE 3 OWNER'S RESPONSIBILITIES § 3.1 Information and Services Required of the Owner § 3.1.1 The Owner shall provide information with reasonable promptness, regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, constraints, and criteria, including schedule, space requirements and relationships, flexibility and expandability, special equipment, systems sustainability, and site requirements. § 3.1.2 Prior to the execution of the Guaranteed Maximum Price Amendment, the Construction Manager may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract. Thereafter, the Construction Manager may only request such evidence if (1) the Owner fails to make payments to the Construction Manager as the Contract Documents require, (2) a change in the Work materially changes the Contract Sum, or (3) the Construction Manager identifies in writing a reasonable concern regarding the Owner's ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Construction Manager and Architect. § 3.1.3 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1.1, (2) the Owner's other costs, and (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Construction Manager and Architect. The Owner and the Architect, in consultation with the Construction Manager, shall thereafter agree to a corresponding change in the Project's scope and quality. § 3.1.4 Structural and Environmental Tests, Surveys and Reports. During the Preconstruction Phase, the Owner shall furnish the following information or services with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Construction Manager's performance of the Work with reasonable promptness after receiving the Construction Manager's written request for such information or services. The Construction Manager shall be entitled to rely on the accuracy of information and services furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 3.1.4.1 The Owner shall furnish tests, inspections and reports required by law and as otherwise agreed to by the parties, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 3.1.4.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 3.1.4.3 The Owner, when such services are requested, shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, AIA Document A133'-2009 (formerly A121TMCMc — 2001). Copyright ®1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. IDIL WARNING: This AIA- Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA- 8 Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. 1 This document was produced by AIA software at 14:58:48 on 02 OM017 under Order No.8621137397 1 which expires on 0511412017, and Is not for resale. User Nates: (1483616875) evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 3.1.4.4 During the Construction Please, the Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Construction Manager's performance of the {York with reasonable promptness after receiving the Construction Manager's written request for such information or services. § 3.2 Owner's Designated Representative The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owners approval or authorization. The Owner's representative shall render decisions promptly and furnish information expeditiously, so as to avoid unreasonable delay in the services or Work of the Construction Manager. Except as otherwise provided in Section 4.2.1 of A201 -2007 (as amended), the Architect does not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. § 3.2.1 Legal Requirements. The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for die Project to meet the Owner's needs and interests. § 3.3 Architect The Owner shall retain an Architect to provide services, duties and responsibilities as described in AIA Document B103T "r -2007, Standard Form of Agreement Between Owner and Architect, including any additional services requested by the Construction Manager that are necessary for the Preconstruction and Construction Phase services under this Agreement. The Owner shall provide the Construction Manager a copy of the executed agreement between the Owner and the Architect, and any further modifications to die agreement. ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES § 4.1 Compensation § 4.1.1 For the Construction Manager's Preconstruction Phase services, the Owner shall compensate the Construction Manager as follows: The fee for preconstruction services shall be a lump sum of Five Thousand Dollars ($5000.00). Any miscellaneous costs associated with the delivery of preconstruction services (printing, advertising, travel, etc.) shall be invoiced at direct cost of the item without mark -up or profit for the Construction Manager. Preconstruction Services will be invoiced on a pro-rata monthly basis for the term of the preconstruction services as identified in Article 4.1.2. § 4.1.2 (Paragraphs deleted) Compensation for Preconstruction Phase Services shall be equitably adjusted if such services extend beyond ( ) days from the date of this Agreement or if the originally contemplated scope of services is significantly modified. If preconstruction services extend past the time frame identified, the following rates shall apply and will be billed on a timecard basis for those individuals working on this project: Preconstruction Manager $95.00/hr Chief Estimator $75.00/hr Senior Project Manager $95.00/hr Constructability /Value Analysis Professional $90.00/hr Project Manager $75.00/hr General Superintendent $80.00/hr Project Coordinator $50.00/hr Clerical $35.00/hr Model Integrator $55.00/hr Owner acknowledges that the Charging Rates noted in this 4.1 .2 are confidential and competitive to Construction Manager, and shall not be disclosed to any third -party without advance written authorization of Construction Manager's Operations President. Should the date of commencement, as defined in the initial solicitation, be delayed through no fault of the Construction Manager, the Construction Manager reserves the right to substitute In1t AIA Document A133--2009 (formerly A121 "'CMc- 2003). Copyright ®1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. unauthorized reproduction or distribution of this AIAz 9 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under me law. / This document was produced by AIA software at 14:58:46 an 02/01/2017 under Order No.8621137397 1 which expires an 05/142017, and is not for resale. User Notes: (1483816875) project team members from those originally proposed or be entitled to compensation for those team members per the rate schedule list above. § 4.1.3 Compensation based on Direct Personnel Expense includes the direct salaries of the Construction Manager's personnel providing Preconstruction Phase services on the Project and the Construction Manager's costs for the mandatory and customary contributions and benefits related thereto, such as employment tares and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. (Paragraph deleted) § 4.2 Payments § 4.2.1 Unless otherwise agreed, payments for services Will be in accordance with 4.1.1. § 4.2.2 Payments are due and payable upon presentation of the Construction Manager's invoice. Amounts unpaid ( ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construction Manager. (Insert rate of monthly or annual interest agreed apon.) ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES § 5.1 For the Construction Manager's performance of the Work as described in Section 2.3, the Owner shall pay the Construction Manager the Contract Sum in current funds for the Construction Manager's performance of the Contract. The Contract Sum is the Cost of the Work as defined in Section 6. 1.1 plus the Construction Manager's Fee. § 5.1.1 The Construction Manager's Fee: (State a lump sum, percentage of Cost of the Work or other provision for determining the Construction Manager's Fee.) A lump sum equal to Five Percent (5 %) of the Cost of the Work. The Construction Manager's Fee shall be adjusted for changes in the Work by zero percent (0 %) for deductive changes and Five Percent (5%) for additive changes. § 5.1.2 Rental rates for Construction Manager -owned equipment shall not exceed One Hundred percent ( 100 %) of the standard rate paid at the place of the Project. § 5.1.3 Unit prices, if any: (Identify and state the unit price; state the quantity limitations, if airy, to which the unit price will be applicable) Item Units and Limitations Price per Unit ($0.00) (Table deleted) (Paragraphs deleted) § 5.2 Guaranteed Maximum Price § 5.21 The Construction Manager guarantees that the Contract Sum shall not exceed the Guaranteed Maximum Price set forth in the Guaranteed Maximum Price Amendment, as it is amended from time to time. To the extent the Cost of the Work exceeds the Guaranteed Maximum Price, the Construction Manager shall bear such costs in excess of the Guaranteed Maximum Price without reimbursement or additional compensation from the Owner. (Insert specific provisions if the Construction Manager is to participate in any savings.) § 5.2.1.2 Owner acknowledges that the Guaranteed Maximum Price applies in the aggregate to all categories and line items of the Cost of Work as defined in Article 6 of this Agreement and in no event shall be considered a line item guarantee of the cost of any individual portion of the Work. § 5.2.2 The Guaranteed Maximum Price is subject to additions and deductions by Change Order as provided in the Contract Documents and the Date of Substantial Completion shall be subject to adjustment as provided in the Contract Documents. AIA Document A133nr -2009 (formerly A121 -CMc- 2003). Copyright ®1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' 10 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. t This document was produced by AIA software at 14:58:48 on 02/01/2017 under Order No.8621137397 1 which expires on 0611412017. and is not for resale. User Notes: (1483616075) § 5.3 Changes in the Work § 5.3.1 The Owner may, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting ofadditions, deletions or other revisions. The Owner shall issue such changes in writing. The Architect may make minor changes in the Work as provided in Section 7.4 of AIA Document A201 -2007 (as amended), General Conditions of the Contract for Construction. The Construction Manager shall be entitled to an equitable adjustment in the Contract Time as a result of changes in the Work. § 5.3.2 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution of the Guaranteed Maximum Price Amendment may be determined by any of the methods listed in Section 7.3.3 of AIA Document A201 -2007 (as amended), General Conditions of die Contract for Construction. § 5.3.3 In calculating adjustments to subcontracts (except those awarded with the Owner's prior consent on the basis of cost plus a fee), the terms "cost" and "fee" as used in Section 7.3.3.3 of AIA Document A201 -2007 (as amended) and the term "costs" as used in Section 7.3.7 of AIA Document A201 -2007 (as amended) shall have the meanings assigned to them in AIA Document A201 -2007 (as amended) and shall not be modified by Sections 5.1 and 5.2, Sections 6.1 through 6.7, and Section 6.8 of this Agreement. Adjustments to subcontracts awarded with the Owner's prior consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts. § 5.3.4 In calculating adjustments to the Guaranteed Maximum Price, the terms "cost" and "costs" as used in the above - referenced provisions of AIA Document A201 -2007 (as amended) shall mean the Cost of the Work as defined in Sections 6.1 to 6.7 of this Agreement and die term "fee" shall mean the Construction Manager's Fee as defined in Section 5.1 of this Agreement. ` § 5.3.5 If no specific provision is made in Section 5. 1.2 for adjustment of the Construction Manager's Fee in the case of changes in the Work, or if the extent of such changes is such, in the aggregate, that application of the adjustment provisions of Section 5. 1.2 will cause substantial inequity to the Owner or Construction Manager, the Construction Manager's Fee shall be equitably adjusted on the same basis that was used to establish the Fee for the original Work, and the Guaranteed Maximum Price shall be adjusted accordingly. ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE § 6.1 Costs to Be Reimbursed § 6.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Construction Manager in the proper performance of the Work. The Cost of the Work shall include only the items set forth in Sections 6.1 through 6.7. § 6.1.1.1 The sum for General Conditions will be billed as a lump sum and paid in monthly installments commencing with the next calendar month fol lowing the date of commencement of construction of the Project and concluding on the date of completion of the Work. Payments will be pro-rated for part of calendar month at the commencement of construction and the calendar month in which Final Completion occurs. § 6.1.2 Where any cost is subject to the Owner's prior approval, the Construction Manager shall obtain this approval prior to incurring the cost. The parties shall endeavor to identify any such costs prior to executing Guaranteed Maximum Price Amendment. § 6.2 Labor Costs § 6.2.1 Wages of construction workers directly employed by the Construction Manager to perform the construction of the Work at the site or at off -site locations or workshops. § 6.2.2 Salaries and burden of the Construction Manager's supervisory, project/operations management, executive, safety and administrative personnel, when engaged in execution of the Work, whether at the site, at the Construction Manager's principal office or offices other than the site office. These persons costs will be charged on an hourly basis and will be included in an agreed upon General Conditions costs. Classification Name Init. AIA WocumentAt 33-- 2009(formerly At 21"'CNIC— 2003). Copyright 0 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and In lornational Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. 11 f This document was produced by AIA software at 14:58:48 on 02/01=17 under Order No.6621137397 1 which expires on 05/14/2017, and is not for resale. User Notes: (1483616875) (If it is intended that the wages w- salaries of certain personnel stationed at the Construction Manager's principal office or offices other than the site office shall be included in the Cost of the Work, such personnel shall be identified belolv.) § 6.2.3 Costs paid or incurred by the Construction Manager for tares, insurance, contributions, assessments and benefits required by law or collective bargaining agreements, and for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, collectively referred to as "Labor Burden ", shall be charged at a Flat rate of 49% of base wage, provided that such costs are based on wages and salaries included in the Cost of the Work as described herein. Owner acknowledges that the Labor Burden rate set in this 6.2.3 is confidential and competitive to Construction Manager, and shall not be disclosed to any third -party without advance written authorization of Construction Manager's Operations President. § 6.2.4 The Contract Sum is based upon the Project not being subject to State and Federal Prevailing Wage Law. In the event that this Project becomes subject to State or Federal Prevailing Wage Law the Contract Sum will be adjusted accordingly. § 6.2.5 Bonuses, profit sharing, incentive compensation and any other discretionary payments paid to anyone hired by the Construction Manager or paid to any Subcontractor or vendor, with the Owner's prior approval. § 6.3 Subcontract Costs Payments made by the Construction Manager to Subcontractors in accordance with the requirements of the subcontracts. § 6.4 Costs of Materials and Equipment Incorporated in the Completed Construction § 6.4.1 Costs, including transportation and storage, of materials and equipment incorporated or to be incorporated in the completed construction. § 6.4.2 Costs of materials described in the preceding Section 6.4.1 in excess of dlose actually installed to allow for reasonable waste and spoilage. Unused excess materials, if any, shall become the Owner's property at the completion of the Work or, at the Owner's option, shall be sold by the Construction Manager. Any amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of the Work. § 6.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items § 6.5.1 Costs of transportation, storage, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and fully consumed in the performance of the Work. Costs of materials, supplies, temporary facilities, machinery, equipment and tools that are not fully consumed shall be based on the cost or value of the item at the time it is first used on the Project site less the value of the item when it is no longer used at the Project site. Costs for items not fully consumed by the Construction Manager shall mean fair market value. § 6.5.2 Rental charges for temporary facilities, machinery, equipment and hand tools not owned by the construction workers, which are provided by the Construction Manager at the site, whether rented from the Construction Manager or others, and costs of transportation, installation, minor repairs and replacements, dismantling and removal thereof. Equipment owned by the Construction manager shall be rented at a rate not to exceed the standard rental rate in the geographical area in which the project is located. § 6.5.3 Costs of removal of debris and/or costs associated with diverting waste to a waste recycling center from the site of the Work and its proper and legal disposal. § 6.5.4 Costs of document reproductions, facsimile transmissions and long- distance telephone calls, data lines, postage and parcel delivery charges, telephone service at the site and reasonable petty cash expenses of the site office. § 6.5.5 That portion of the reasonable expenses of the Construction Manager's supervisory or administrative personnel incurred while traveling in discharge of duties connected with the Work. AIA Document A133"— 2009 (formerly A121 -CMc — 2003). Copyright m 1991, 2003 and 2009 by The American Institute of Architects. All debts reserved. Init WARNING: This AIA- Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA* 12 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:58:48 on 02101/2017 under Order No.8621137397 1 which expires on 0511412017, and is not for resale. User Notes: (1483616875) § 6.5.6 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, subject to the Owner's prior approval. § 6.6 Miscellaneous Costs § 6.6.1 Premiums for that portion of insurance, bonds and other surety programs required by the Contract Documents and the Construction Manager that can be directly attributed to this Contract. Self - insurance for either full or partial amounts of the coverages required by the Contract Documents, with the Owner's prior approval. § 6.6.2 Sales, use or similar taxes imposed by a governmental authority that are related to the Work and for which the Construction Manager is liable. § 6.6.3 Fees and assessments for the building permit and for other permits, licenses and inspections for which die Construction Manager is required by the Contract Documents to pay. § 6.6.4 Fees of laboratories for tests required by the Contract Documents, except those related to defective or nonconforming Work for which reimbursement is excluded by Section 13.5.3 of AIA Document A201 -2007 (as amended) or by other provisions of the Contract Documents, and which do not fall within the scope of Section 6.7.3. § 6.6.5 Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents; the cost of defending suits or claims for infringement of patent rights arising from such requirement of the Contract Documents; and payments made in accordance with legal judgments against the Construction Manager resulting from such suits or claims and payments of settlements made with the Owner's consent. However, such costs of legal defenses, judgments and settlements shall not be included in the calculation of the Construction Manager's Fee or subject to the Guaranteed Maximum Price. If such royalties, fees and costs are excluded by the last sentence of Section 3.17 of AIA Document A201 -2007 (as amended) or other provisions of the Contract Documents, then they shall not be included in the Cost of the Work. § 6.6.6 Costs for electronic equipment and software, directly related to the Work. § 6.6.7 Deposits lost for causes other than the Construction Manager's negligence or failure to fulfill a specific responsibility in the Contract Documents. § 6.6.8 Legal, mediation and arbitration costs, including attorneys' fees, other than those arising from disputes between the Owner and Construction Manager, reasonably incurred by the Construction Manager after the execution of this Agreement in the performance of the Work and with the Owner's prior approval, which shall not be unreasonably withheld. § 6.6.9 Expenses incurred in accordance with the Construction Manager's standard written personnel policy for relocation and temporary living allowances of the Construction Manager's personnel required for the Work. § 6.7 Other Costs and Emergencies § 6.7.1 Other costs incurred in the performance of the Work if, and to the extent, approved in advance in writing by the Owner. § 6.7.2 Costs incurred in taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and property, as provided in Section 10.4 of AIA Document A201 -2007 (as amended). § 6.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Construction Manager, Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused by negligence or failure to fulfill a specific responsibility of the Construction Manager and only to the extent that the cost of repair or correction is not recovered by the Construction Manager from insurance, sureties, Subcontractors, suppliers, or others. AIA Document A133 -- 2009(formerly A121- Mc- 2003). Copyright® 1991, 2003 and 2009 by The American Institute of Architects. All fights reserved. [nit AIA This AIAs' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA = 13 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. / This document was produced by AIA software at 14:58:48 on 02/01/2017 under Order No.8621137397 1 which expires on 051142017, and is not for resale. User Notes: (1463878875) § 6.7.4 The costs described in Sections 6.1 through 6.7 shall be included in the Cost of the Work, notwithstanding any provision of AIA Document A201 -2007 (as amended) or other Conditions of the Contract which may require the Construction Manager to pay such costs, unless such costs are excluded by the provisions of Section 6.8. § 6.8 Costs Not To Be Reimbursed § 6.8.1 The Cost of the Work shall not include the items listed belo%r. .1 Salaries and other compensation of the Construction Manager's personnel stationed at the Construction Manager's principal office or offices other than the site office, except as specifically provided in Section 6.2, or as may be provided in Article 11; .2 Expenses of the Construction Manager's principal office and offices other than the site office; .3 Overhead and general expenses, except as may be expressly included in Sections 6.1 to 6.7; .4 The Construction Manager's capital expenses, including interest on the Construction Manager's capital employed for the Work; .5 Except as provided in Section 6.7.3 of this Agreement, costs due to the negligence or failure of the Construction Manager, Subcontractors and suppliers or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable to fulfill a specific responsibility of the Contract; .6 Any cost not specifically and expressly described in Sections 6.1 to 6.7; and .7 Costs, other than costs included in Change Orders approved by the Owner, that would cause the Guaranteed Maximum Price to be exceeded. § 6.9 Discounts, Rebates and Refunds § 6.9.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if (1) before making the payment, the Construction Manager included them in an Application for Payment and received payment from the Owner, or (2) the Owner has deposited funds with the Construction Manager with which to make payments; otherwise, cash discounts shall accrue to the Construction Manager. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be obtained. § 6.9.2 Amounts that accrue to the Owner in accordance with the provisions of Section 6.9.1 shall be credited to the Owner as a deduction from the Cost of the Work. § 6.10 Accounting Records The Construction Manager shall keep full and detailed records and accounts related to the cost of the Work and exercise such controls as may be necessary for proper financial management under this Contract and to substantiate all costs incurred. The Owner and the Owner's auditors shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit and copy, the Construction Manager's records and accounts, including complete documentation supporting accounting entries, books, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor's proposals, purchase orders, vouchers, memoranda and other data relating to this Contract. The Construction Manager shall preserve these records for a period of three years after final payment, or for such longer period as may be required by law. (Paragraphs deleted) § 6.11 The Contractor shall not be obligated to provide any services, information or documentation relating to its Work to auditors working on a contingency fee basis (auditor's fees calculated as a percentage of the client's net recovery), nor shall any reimbursement obligation otherwise required by the Contract Documents be applicable to Contractor when an auditor is hired by Owner on a contingency fee basis. ARTICLE 7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES § 7.1 Progress Payments § 7.1.1 Based upon Applications for Payment submitted to the Architect by the Construction Manager and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Construction Manager as provided below and elsewhere in the Contract Documents. § 7.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: AIA Document A133ru — 2009 (formerly A121 -CMc —2003). Copyrght O 1991.2003 and 2009 by The American Institute of Architects. All rights reserved. IOIL WARNING: This AIA- Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° 14 Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible and or the law. This document was produced by ALA software at 14:58:48 on 02/01/2017 under Order No. B621137397 1 which expires on 0511412D17. and Is not for resale. User Notes: (1483616875) § 7.1.3 Provided an Application for Payment is received by the architect not later than the 1° day of the month, the Owner shall make payment to the Construction Manager not later than the 20" day of the same month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than 30 days after the Architect received the Application for Payment. Owner and Construction Manager agree to the terms outlined in 4.2.2 shall apply to this article 7.1.3. An Application for Payment shall be deemed certified 14 days after submittal unless the Owner or Architect objects to all or part of the Application for Payment within 14 days of submittal. § 7.1.4 If required by the Owner, with each Application for Payment, the Construction Manager shall submit a detailed cost transaction report generated from the Construction Manager's accounting system, and upon request by the Owner or Architect, shall provide any other evidence reasonably required by the Owner or Architect to demonstrate that cash disbursements already made by the Construction Manager on account of the Cost of the Work equal or exceed (1) progress payments already received by the Construction Manager, less (2) that portion of those payments attributable to the Construction Manager's Fee, plus (3) payrolls for the period covered by the present Application for Payment. § 7.1.5 Each Application for Payment shall be based on the most recent schedule of values submitted by the Construction Manager in accordance with the Contract Documents. The schedule of values shall allocate the entire Guaranteed Maximum Price among the various portions of the Work, except that the Construction Manager's Fee shall be shown as a single separate item. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Construction Manager's Applications for Payment. § 7.1.6 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed, or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the Construction Manager on account of that portion of the Work for which the Construction Manager has made or intends to make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. § 7.1.7 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of ALA Document A201 -2007 (as amended); .2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work, or if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; .3 Add the Construction Manager's Fee, less retainage of Zero ( 0 %). The Construction Manager's Fee shall be computed upon the Cost of the Work at the rate stated in Section 5.1.1 or, if the Construction Manager's Fee is stated as a fixed sum in that Section, shall be an amount that bears the same ratio to that fixed -sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; .4 Subtract retainage of Zero ( 0% ) from that portion of the Work that the Construction Manager self - performs; .5 Subtract the aggregate of previous payments made by the Owner; .6 Subtract the shortfall, if any, indicated by the Construction Manager in the documentation required by Section 7.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's auditors in such documentation; and .7 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201 -2007 (as amended). InIL mA umumenr A143 ZOOS Romany A121 r" CMe - 2003). Copyright ®1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AlAo Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAc Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. 15 This document was produced by AIA software at 14:58:48 on 02/01/2017 under Order No.8621137397 1 which evires on 05/14/2017. and Is not for resale. User Notes: (1483816875) § 7.1.8 Except with the Owner's prior approval, payments to Subcontractors shall be subject to retention of not less than Five percent ( 5% ). Upon recommendation of the Construction Manager, a Subcontractor's retainage may be reduced by a percentage established and agreed upon by the Construction Manager. The full ten percent (10 %) retainage may be reinstated with respect to remaining payments for identified Subcontractors whose manner of completion of the work and its progress do not remain satisfactory to the Construction Manager and/or the Owner, or if any surety withholds its consent, or for other good and sufficient reasons. § 7.1.9 If the manner of completion of the work, and its progress are and remain satisfactory for the Owner, and the Work is shown at fifty percent (50 %) or more complete in the Application for Payment, without reduction of previous retainage, no further retainage will be withheld. § 7.1.10 In taking action on the Construction Manager's Applications for Payment, the Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Construction Manager and shall not be deemed to represent that the Architect has made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Section 7.1.4 or other supporting data; that the Architect has made exhaustive or continuous on -site inspections; or that the Architect has made examinations to ascertain how or for what purposes the Construction Manager has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner's auditors acting in the sole interest of the Owner. § 7.1.11 Except with the Owner's prior approval, the Construction Manager shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 7.1.12 The receipt by Construction Manager of a partial payment of any amount due to Construction Manager endorsed as payment in full will be deemed to be a part payment only, and any endorsements or statements on a check or other form of commercial paper, or any other document accompanying the payment, shall not be deemed an accord and/or satisfaction, notwithstanding such endorsements. § 7.2 Final Payment § 7.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Construction Manager when .1 the Construction Manager has fully performed the Contract except for the Construction Manager's responsibility to correct Work as provided in Section 122.2 of AIA Document A201 -2007 (as amended). .2 the Construction Manager his submitted a final accounting for tire Cost of the Work and a final Application for Payment; and .3 a final Certificate for Payment has been issued by the Architect. The Owner's final payment to the Construction Manager shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: § 7.2.2 The Owner's auditors will review and report in writing on the Construction Manager's final accounting within 30 days after delivery of the final accounting to the Architect by the Construction Manager. Based upon such Cost of the Work as the Owner's auditors report to be substantiated by the Construction Manager's final accounting, and provided the other conditions of Section 7.2.1 have been met, the Architect will, within seven days after receipt of the written report of the Owner's auditors, either issue to the Owner a final Certificate for Payment with a copy to the Construction Manager, or notify the Construction Manager and Owner in writing of the Architect's reasons for withholding a certificate as provided in Section 9.5.1 of the AIA Document A201 -2007 (as amended). The time periods stated in this Section supersede those stated in Section 9.4.1 of the AIA Document A201 -2007 (as amended). The Architect is not responsible for verifying the accuracy of the Construction Manager's final accounting. § 7.2.3 If the Owner's auditors report the Cost of the Work as substantiated by the Construction Manager's final accounting to be less than claimed by the Construction Manager, the Construction Manager shall be entitled to request mediation of the disputed amount without seeking an initial decision pursuant to Section 15.2 of A201 -2007 (Ot AIA Document A133 'e- 2009(formerly A121 -CIAc- 20031. Copydghlm 1991,2003 and 2009 by The Amencan Institute or Architects. AN ngnu reserve -. Init. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAS 16 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. ( This document was produced by AIA software at 14:58:48 on 0210112017 under Order No.8821137397 1 which expires on 05/1472017, and is not for resale. User Notes: (1483816875) (as amended). A request for mediation shall be made by the Construction Manager within 30 days after the Construction Manager's receipt of a copy of the Architect's final Certificate for Payment. Failure to request mediation within this 30 -day period shall result in the substantiated amount reported by the Owner's auditors becoming binding on the Construction Manager. Pending a final resolution of the disputed amount, the Owner shall pay the Construction Manager the amount certified in the Architect's final Certificate for Payment. § 7.2.4 If, subsequent to final payment and at the Owner's request, the Construction Manager incurs costs described in Section 6. 1.1 and not excluded by Section 6.8 to correct defective or nonconforming Work, the Owner shall reimburse the Construction Manager such costs and the Construction Manager's Fee applicable thereto on the same basis as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price. If the Construction Manager has participated in savings as provided in Section 5.2.1, the amount of such savings shall be recalculated and appropriate credit given to the Owner in determining the net amount to be paid by the Owner to the Construction Manager. ARTICLE 8 INSURANCE AND BONDS § 8.1 For all phases of the Project, the Construction Manager and the Owner shall purchase and maintain insurance, and the Construction Manager shall provide bonds as set forth in Article I 1 of AIA Document A201 -2007 (as amended). (State bonding requirements, iif any, and limits ofliabilityfor insurance required in Article 1l ofA1A Document A201 -2007 (as amended).) § 8.1.1 Workers' Compensation and Employers' Liability meeting statutory limits mandated by state and federal laws. If (l) limits in excess of those required by statute are to be provided, or (2) the employer is not statutorily bound to obtain such insurance coverage or (3) additional coverages are required, additional coverages and limits for such insurance shall be as fellows: § 8.1.2 Commercial General Liability including coverage for Premises-Operations, Independent Contractors' Protective, Products- Completed Operations, Contractual Liability, Personal Injury and Broad Form Property Damage (including coverage for Explosion, Collapse and Underground hazards): $ 2,000,000 Each Occurrence $ 4,000,000 General Aggregate $ 2,000,000 Personal and Advertising Injury $ 4,000,000 Products- Completed Operations Aggregate .1 The policy shall be endorsed to have the General Aggregate apply to this Project only. .2 Products and Completed Operations insurance shall be maintained for a minimum period of at least ( I ) year(s) after either 90 days following Substantial Completion or final payment, whichever is earlier. .3 The Contractual Liability insurance shall include coverage sufficient to meet the obligations in Section 3.18 of A20 I ni-2007 (as amended). § 8.1.3 Automobile Liability (owned, non -owned and hired vehicles) for bodily injury and property damage: $1,000,000 Each Accident § 8.1.4 Other coverage. $ 25,000,000 — Umbrella Coverage That portion of insurance including deductibles and bond premiums that can be directly attributed to this Contract and expenses for Subcontractor Surety shall be reimbursed at the following rate: 1) Construction Manager's Subcontractor Default Insurance (SDI) at one - point- two-five percent (1.25%) of the subcontract value; or 2) Construction Manager's actual premium cost of the above. Application of SDI or surety bond shall be at the sole discretion of the Construction Manager. AIA Document A133 - -2009 (formerly A121"'Chic- 2003). Copyright ®1991, 2003 and 2009 by Tha American Institute of Architects. All rights ressmad. Intl WARNING: This AIA- Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA. 17 Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. y This document was produced by AIA software at 14:58AS on 02/01/2017 under Order No.8621137397 1 which expires an 0511412017, and Is not for resale. User Notes: (1483816875) The cost of the Construction Manager's insurance program shall be reimbursed at the rate of $8.50 per thousand dollars of Contract Sum. Rates shall be subject to adjustment on the first day of each calendar year if required by the Construction Manager. The Construction Manager will maintain Builders Risk Insurance at the rate of $0.15 per thousand of Contract Sum per month to insure the components of the Project while under construction and shall also maintain General Liability coverage as identified above to insure against losses to the adjacent structures from damage which may be caused by construction activity. — Owner acknowledges that the information provided in this 8.1.4 is trade secret, proprietary, or otherwise confidential and competitive to Construction Manager, and shall not be disclosed to any third -party without advance written authorization of Construction Manager's Operations President. (YUmbrella ETcess Liability coverage is required over the primary insurance or retention, insert the coverage limits. Commercial General Liability and Automobile Liability limits may be attained by individual policies or by a combination ofprintary policies and Umbrella and/or Excess Liability policies. If Project Management Protective Liability Insurance is to be provided state the limits here.) (Table deleted) § 8.1.5 If required, the Construction Manager shall furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder. Bonds may be obtained through the Construction Manager's usual source, and the cost thereof shall be included in the Cost of the Work. The amount of each bond shall be equal to one hundred percent (100%) of the Contract Sum. ARTICLE 9 DISPUTE RESOLUTION § 9.1 Any Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions set forth in this Article 9 and Article 15 of A201 -2007 (as amended). However, for Claims arising from or relating to the Construction Manager's Preconstruction Phase services, no decision by the Initial Decision Maker shall be required as a condition precedent to mediation or binding dispute resolution. § 9.2 For any Claim subject to, but not resolved by mediation pursuant to Section 15.3 of AIA Document A201 -2007 (as amended), the method of binding dispute resolution shall be as follows: (Check the appropriate box. Ifthe Owner and Construction Manager do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court ofcompetentjurisdiction.) [ X ] Arbitration pursuant to Section 15.4 of AIA Document A201 -2007 (as amended) ] Litigation in a court of competent jurisdiction ] Other: (Sped) (Paragraphs deleted) ARTICLE 10 TERMINATION OR SUSPENSION § 10.1 Termination Prior to Establishment of the Guaranteed Maximum Price § 10.1.1 Prior to the execution of the Guaranteed Maximum Price Amendment, the Owner may terminate this Agreement upon not less than seven days' written notice to the Construction Manager for the Owners convenience and without cause, and the Construction Manager may terminate this Agreement, upon not less than seven days' written notice to the Owner, for the reasons set forth in Section 14. 1.1 of A201 -2007 (as amended). § 10.1.2 In the event of termination of this Agreement pursuant to Section 10.1.1, the Construction Manager shall be equitably compensated for Preconstruction Phase services performed prior to receipt of a notice of termination. In no event shall the Construction Manager's compensation under this Section exceed the compensation set forth in Section 4.1. § 10.1.3 If the Owner terminates the Contract pursuant to Section 10. 1.1 after the commencement of the Construction Phase but prior to the execution of the Guaranteed ivlaximum Price Amendment, the Owner shall pay [nit AIA Document A133 - -2009 (formerly A121' °CMe — 2003). Copyright O 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AW1 Document Is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of this AIA° 18 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 14:58:46 on 0201/2017 under Order No.8621137397 1 which expires on 051142017, and Is not fw resale. User Notes: (1483616875) to the Construction Manager an amount calculated as follows, which amount shall be in addition to any compensation paid to the Construction Manager under Section 10.1?: .1 Take the Cost of the Work incurred by the Construction Manager to the date of termination; .2 Add the Construction Manager's Fee computed upon the Cost of the Work to the date of termination at the rate stated in Section 5.1 or, if the Construction Manager's Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed -sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; and .3 Subtract the aggregate of previous payments made by the Owner for Construction Phase services. The Owner shall also pay the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Construction Manager which the Owner elects to retain and which is not otherwise included in the Cost of the Work. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Construction Manager shall, as a condition of receiving the payments referred to in this Article 10, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Construction Manager, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager under such subcontracts or purchase orders. All subcontracts, purchase orders and rental agreements entered into by the Construction Manager will contain provisions allowing for assignment to the Owner as described above. If the Owner accepts assignment of subcontracts, purchase orders or rental agreements as described above, the Owner will reimburse or indemnify the Construction Manager for all costs arising under the subcontract, purchase order or rental agreement, if those costs would have been reimbursable as Cost of the Work if the contract had not been terminated. If the Owner chooses not to accept assignment of any subcontract, purchase order or rental agreement that would have constituted a Cost of the Work had this agreement not been terminated, the Construction Manager will terminate the subcontract, purchase order or rental agreement and the Owner will pay the Construction Manager the costs necessarily incurred by the Construction Manager because of such termination. § 10.2 Termination Subsequent to Establishing Guaranteed Maximum Price Following execution of the Guaranteed Maximum Price Amendment and subject to the provisions of Section 10.2.1 and 10.2.2 below, the Contract may be terminated as provided in Article 14 of AIA Document A201 -2007 (as amended). § 10.2.1 If the Owner terminates the Contract after execution of the Guaranteed Price Amendment, the amount payable to the Construction Manager pursuant to Sections 14.2 and 14.4 of A201 -2007 (as amended) shall not exceed the amount the Construction Manager would otherwise have received pursuant to Sections 10. 1.2 and 10. 1.3 of this Agreement. § 10.2.2 If the Construction Manager terminates the Contract after execution of the Guaranteed Maximum Price Amendment, the amount payable to the Construction Manager under Section 14.1.3 of A201 -2007 (as amended) shall not exceed the amount the Construction Manager would otherwise have received under Sections 10. 1.2 and 10. 1.3 above, except that the Construction Manager's Fee shall be calculated as if the Work had been fully completed by the Construction Manager, utilizing as necessary a reasonable estimate of the Cost of the Work for Work not actually completed. § 10.3 Suspension The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201 -2007 (as amended). In such case, the Guaranteed Maximum Price and Contract Time shall be increased as provided in Section 14.3.2 of AIA Document A201 -2007 (as amended), except that the term "profit" shall be understood to mean the Construction Manager's Fee as described in Sections 5.1 and 5.3.5 of this Agreement. ARTICLE 11 MISCELLANEOUS PROVISIONS § 11.1 Terms in this Agreement shall have the same meaning as those in A201 -2007 (as amended). § 11.2 Ownership and Use of Documents Section 1.5 of A201 -2007 (as amended) shall apply to both the Preconstruction and Construction Phases. InIL AIADocument A133--2009 (formerly A121'"CMc- 2003). COpyrghtO 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved, WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Al* 19 Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. 1 This document was produced by AIA software at 14:58:48 on 02/012017 under Order No.8621137397 1 which expires on 05/142017, and Is not for resale. User Notes: (1483616875) § 11.3 Governing Law Section 13.1 of A201 -2007 (as amended) shall apply to both the Preconstruction and Construction Phases. § 11.4 Assignment The Owner and Construction Manager, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement Neither the Owner nor the Construction Manager shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. Except as provided in Section 13.2.2 of A201 -2007 (as amended), neither parry to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 11.5 Other provisions § 11.5.1 Owner acknowledges that certain information provided to it by Construction Manager contains information deemed trade secret, proprietary, competitive or otherwise confidential to Construction Manager, regardless of whether specifically identified as such in this Agreement. Such information includes but is not limited to Construction Manager's research, development, methods, processes, techniques, operations, computer programs, pricing/price modeling, and financial data of Construction Manager, it's subsidiaries, operating service groups and affiliated companies, including data provided in support of Applications for Payment, Change Orders, or commercial information, including value engineering and constructability studies; current and prospective clients, subcontractors, and/or competitors; and proposals. Owner acknowledges the value of such information to the Construction Manager, and agrees to use reasonable diligence in protecting this information from unauthorized disclosures to third parties (excluding any governmental regulatory bodies entitled to access such information by law, or Owner's parent, subsidiary of affiliated companies, or Owner's auditors or lenders to the extent such disclosure is necessary). § 11.5.2 If Drawings are revised after the Drawings referenced in the Contract, the Owner shall have the Architect re -date all revised sheets and clearly identify all changes by bubble and delta number or other means acceptable to the Construction Manager and Owner. The Owner and Construction Manager acknowledge that it is difficult to determine and implement changes that are not so identified. Regardless if the Contract is amended to incorporate revised Drawings, the Guaranteed Maximum Price and Contract Time are subject to additional equitable adjustments for the cost and time impacts if implementing any changes not so identified. ARTICLE 12 SCOPE OF THE AGREEMENT § 12.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Construction Manager. § 12.2 The following documents comprise the Agreement: .1 AIA Document A133 -2009, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price .2 AIA Document A201 -2007 (as amended), General Conditions of the Contract for Construction .3 AIA Document E201T't -2007, Digital Data Protocol Exhibit, if completed, or the following: .4 AIA Document E202T'I -2008, Building Information Modeling Protocol Exhibit, if completed, or the following: .5 Other documents: ( List other documents, if any, forming part of the Agreement.) AIA Document Al33r" -2889 (formerly A121 -CMc- 2883). Copyright ®1991, 2883 and 2008 by The American Institute of Architects. All rights reserved. Init WARNING: This AIA- Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA= 20 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. i This document was produced by AIA saftware at 14:58:48 on 02101121317 under Order No.8621137397 1 which expires an 0511412017, and Is not for resale. User Notes: (1483816875) This Agr ment is etered'into as f the day and year first written above. _ OWNER (S(Signanow)I 1 A GER (Signalm) "y"C-('e{l. h2 ' `CfL r'ICiwalKr ��it i FFy�yJ Ty�lP' —oP�2ATI�MS (Printed name and title) (Printed tame and title) (nit AIADmument A133-- 2009(formady A121- CMc- 2003).Copyd9ht1 41991, 2003 and 2009 by The American lnsdute of Architects. All fights reserved. WARNING: This AIA- Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA- 21 Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:58:48 on 02/01/2017 under Order No.8821137397 1 which expires an 051142017, and is not for resets. User Notes: (1483818875) Additions and Deletions Report for AIA® Document A 133 u — 2009 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and Is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 14:88:48 on 02/01/2017. PAGE? AGREEMENT made as of the 1 st day of February in the year 2017 City of Owasso 102 West 2nd Avenue Owasso, OK 74055 Nabholz Construction Services 10319 East 5411 Street Tulsa OK 74146 Owasso Police Department Renovation 1 I 1 N. Main Owasso, OK 74055 Wilson Estes Police Architects 523 Walnut St. Kansas City, MO 64106 Warren Lehr City Manager City of Owasso 102 West 2n4 Avenue Owasso, OK 74055 918- 376 -1500 Curt Hellen Nabholz Construction Corporation 10319 East 54" Street Tulsa, OK 74146 918- 632 -7200 Additions and Deletions Reportfar AIA Document A13Y- -2009 (formerly A121" CMc- 2003). Copydghtm 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This deeumentwes produced by AIA software at 14:58:48 an 0210112017 under Order No.8821137397_1 which expires on 05114/2017, and is not for resale. User Nates: (1483818875) PAGE Mr. James Estes Wilson Estes Police Architects 523 Walnut St. Kansas City, MO 64106 816- 298 -6700 PAGE Additions and Deletions Report for AM Document A133 -- 2009 (farmeriy A121 -CMc — 2003). Copydght ®1991, 2003 and 2009 by The American InsOlule of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAa Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:58:48 on 02/01/2017 under Order No.8621137397 1 which expires on 05/14/2017, and is not for resale. — User Notes: (1483616875) 01 qM- 1SJ:a61RY .14:1819-11 :4 1101 R 12 SCOPE OF THE AGREEMENT the "Construction Manager's Standard of Care "). The Construction Manager shall be responsible for and have control over all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Construction Manager's Work under this Agreemem including all coordination of the duties ofall trades, and shal I famish efficient business administration and supervision of the Work. Construction Manager's Standard of Care specifically excludes any design or design- related responsibilities, and anv action taken by Construction Manager under this Agreement does not and shall not be construed to approve. represent or warrant the adequacy and suitabilitv of the plans and specifications for the purpose for which they are provided. 4 1.1.2 To the extent the Owner requests that the Construction Manager provide services within standard of care. such as value analvsis and/or constructability suggestions or comments with respect to the Drawings and PAGE For the Preconstruction Phase, AIA Document r2911" ^_w;, A201Th' -2007 (as amendedl. General Conditions of the Contract for Construction, shall apply only as specifically provided in this Agreement. For the Construction Phase, the general conditions of the contract shall be as set forth in A291 200;L-A201-2007 (as amended), which document is incorporated herein by reference. The term "Contractor" as used in A201 -2007 (as amended) shall mean the Construction Manager. The Construction Manager's Preconstruction Phase responsibilities are set forth in Sections 2.1 and 2.2. The Construction Manager's Construction Phase responsibilities are set forth in Section 2.3. The Owner and Construction Manager may agee, in - nsulta "°- ° •` •`e Afekke gree for the Construction Phase to commence prior to completion of the Preconstruction Phase, in which case, both phases will proceed concurrently. The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. The Construction Manager shall schedule and conduct meetings with the Architect and Owner to discuss such matters as procedures, progress, coordination, and scheduling of the Work. The Construction Manager shall advise the Owner and the Architect on proposed site use and improvements, selection of materials, and building systems Additions and Deletions Report for AIA Document A133 - —2009 (formerly A121 -Chte- 21103). Copyright® 1991, 2003 and 2009 by TheAmedan Institute of Architects. All rights reserved. WARNING: This AIA- Document Is protected by U.S. Copyright Law and International Treaties. Unauthorizer reproduction or distribution of this AIA° Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:58:48 on 02/0112017 under Order No.8621137397 1 which expires on 05/142017. and is not for resale. User Notes: (1483616875) and equipment. The Construction Manager shall also provide recommendations consistent with the Project requirements to the Owner and Architect on constructability; availability of materials and labor; time requirements for procurement, installation and construction; and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, life e5 ele data; and possible cost reductions. § 2.1.3 When Project requirements in Section 3.1.1 have been sufficiently identified, the Construction Manager shall prepare and periodically update a Project schedule for the AFelikeet's Fe and the Owner's acceptance. The Construction Manager shall obtain the Architect's approval for the portion of the Project schedule relating to the performance of the Architect's services. The Project schedule shall coordinate and integrate the Construction Manager's services, the Architect's services, other Owner consultants' services, and the Owner's responsibilities and identify items that could affect the Project's timely completion. The updated Project schedule shall include the following: completion of various elements of the Architect's work. submission of the Guaranteed Maximum Price proposal; components of the Work; times of commencement and completion required of each Stibeentsaetepi Subcontractor (or appropriate breakdown of the Work); ordering and delivery of products, including those that must be ordered ° eens , in advance of construction fif such products are knolm by or communicated to the Construction Manager) and the occupancy requirements of the Owner. PAGE § 2.1.5.1 Based on the preliminary design and other design criteria prepared by the Architect, the Construction Manager shall prepare preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume or similar conceptual estimating techniques for the Architect's review and Owner's approval. If the Architect or Construction Manager °•fists- suecest alternative materials and systems, the Construction Manager shall provide cost evaluations of those alternative materials and systems. § 2.1.5.2 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall prepare and update, at appropriate intervals agreed to by the Owner, Ganstfuellien Manageir and AFelikeei, Owner and Construction Manager, estimates of the Cost of the Work of increasing detail and refinement a ,d allowing =- the a AeF •_.._r__.,.ent a fthe egig until such time as the Owner and Construction Manager agree on a Guaranteed Maximum Price for the Work. Such estimates shall be provided for the Architect's review and the Owner's approval. The Construction Manager shall inform the Owner and Architect when estimates of the Cost of the Work exceed the latest approved Project budget and make recommendations for corrective action. § 2.1.8 Extent ef— Responsibility Notices and Compliance with Laws The Construction Manager shall exerteise Feasenable ea Fe i • --°---'-- sehedules and _ - t - :PIP (P-RHqhFUA4RH a Y E-)Fmvings and omply with applicable laws, statutes, ordinances, codes, rules and regulations, eF Additions and Deletions Report for AIA Document A133 -- 2009 (fa medy A121 -CMc— 2003' Institute of Architects. All rights reserved. WARNING: This AIA* Document is protected by U.S. reproduction or distribution of this AIAs Document, or any portion of it, may result in severe the maximum extent possible under the law. This document was produced by AIA software at 14: expire on 05114/2017, and is not for resale. User Notes: yright ®1991, 2003 and 2009 by The American right Law and International Treaties. Unauthorized 4 nd criminal penalties, and will be prosecuted to on 02/01/2017 under Order No.9621137397_1 which (1483616875) a a e _....,_ the A rphitppt yfla.. _,.,...:_,, and lawful orders of public authorities apolicable to its performance under this Contract. and with equal employment opportunity Drograms, and other programs as may be required by covemmental and quasi governmental authorities for inclusion in the Contract Documents. § o o u.,roees alld ree,,.p.eee The GeHSIFtlefiBli 0 lawful efdeFS efpublie atith(BiFitieS With I .. fiPplieable to its peitfeiinianee binder this Cemifaei, and with equal regulatiem, and eflipleymen f..:...4..,.:..., :e tl... CARt. et rl.,,....iefit.. ffegffiffiS as ma5 be FeElHiFed by gavemnientall and fleasi a § 2.2.1 have been completed. the Construction Manager will solicit trade contractors for competitive bids in relevant trade categories. Upon completion of the bidding cvcle the Construction Manager shall propose a Guaranteed Maximum Price ( "GMP "), which shall be the sum of the ti mated cost of work, including contingencies described in Section 2I -2.2.4 and the Construction Manager's Fee. § 2.2.2 The Owner and Construction Manager acknowledge that the Construction Manager will/has developed the Guaranteed Maximum Price based upon completed Contract Documents "CDs ". In the event that the Owner and Construction Manager agree that the Construction Manger will develop a Guaranteed Maximum Price before the completion of the Contract Documents (CDs), in that such Drawings and Specifications do not contain all details and requirements of the Work, the Guaranteed Maximum Price will be based on certain assumptions by the Construction Manager. To the extent that the Drawings and Specifications are anticipated to require further development by the Architect, the Construction Manager shah- peevide an th Pfiee-will include an allowance to be identified in the GMP Amendment for such further development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all Drawings and Specifications require performance of the Work in any manner different from such assumptions. or contain changes in the stove of the Work to be performed by the Construction Manager. the Construction Manager issued substituting the finished Contract Documents (CDs) for those described in this Agreement and the Guaranteed Maximum Price and Contract Time shall be adjusted as agreed by the parties. PAGE .4 The anticipated date of Substantial Completion upon which the proposed Guaranteed Maximum Price is based; and ,5 A date by which the Owner must accept die Guaranteed Maximum Pfiee. Price: and .6 The Date of Commencement of the Work shall be within ten (10) days of receipt of 1) Owner's Notice to Proceed, 2) the issuance of all applicable yermits, and 3) Proof of adequate financing for the Work by the Owner and/or Owner's lender (in a form suitable to the Construction Manager), whichever is later __:�b..__. ble as the Cost a fthe WeFlj bill not inel ded in - Change OFder The GMP shall contain a mutually agreeable and separately identified contingencv (the "Construction Contingency') for the sole use by the Additions and Deletions Report for AIA Document A133"' — 2008 (formerly A121 TMCMc — 2003). Copyrght m 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AA* Document is protected by U.S. Copyright Law and International Treaties. Unauthorized eJ reproduction ordistribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:58:48 on 02/07/2017 under Order No.8621137397 1 which expires on 0511412017, and is not for resale. User Notes: (1483616875) § 2.2.5 The Construction Manager shall meet with the Owner °-'- AFelilkeet -to review the Guaranteed Maximum Price proposal. In the event that the Owner and Architect discover any inconsistencies or inaccuracies in the information presented, they shall promptly notify the Construction Manager, who shall make appropriate adjustments to the Guaranteed Maximum Price proposal, its basis, or both. § 2.2.7 Manager shall I not incur any cost to be reimbursed as part of the Cost of the Wedi pFieFte § 2.2.8 The Owner shall authorize the Architect to provide the revisions to the Drawings and Specifications to incorporate the agreed ±re!+,agreed -upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment. The Owner shall promptly furnish those revised Drawings and Specifications to the Construction Manager as they are revised. The Construction Manager shall notify the Owner and- AfebiteeFOf any inconsistencies between the Guaranteed Maximum Price Amendment and the revised .Dmwinge and § 2.2.9 The Construction Manager shall include in the Guaranteed Maximum Price all sales, consumer, use and similar taxes for the Work provided by the Construction Manager that are legally e-n6ete, "hethefep net yet v�nacted at the time the Guaranteed Maximum Price Amendment is executed. PAGE § 2.3.1.1 For purposes of Section S. 1.2 of A20I 2007.rA201 -2007 (as amended), the date of commencement of the Work shal I mean the date of commencement of the Construction Phase. § 2.3.2.1 Those portions of the Work that the Construction Manager does not customarily perform with the Construction Manager's own personnel shall be performed under subcontracts or by other appropriate agreements with the Construction Manager. The Owner may designate specific persons from whom, or entities from which, the Construction Manager shall obtain bids. However, if the Guaranteed Maximum Price has been established. the Owner may not Prohibit the Construction Manager from obtaining bids from other bidders The Construction Manager shall obtain bids from Subcontractors and from suppliers of materials or equipment Fabricated especially for the Work and shall deliver such bids to the A ekkeet- Owner. The Owner shall then determine, vicith the advieeef in consultation with the Construction Manager and the Architect, which bids will be accepted. The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection. § 2.3.2.3 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement, and shall not be awarded on the basis of cost plus a fee without the prior consent of the Owner. If the Snbeeatraet subcontract is awarded on a eas" 4w cg§Iplus a fee basis, the Construction Manager shall provide in the Sebeeakaet subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Construction Manager in Section 6.11 6.10 below. Additions and Deletions Report for AIA Document A133--2009 (formerly A721 -CNIc — 2003). Copyright O 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA- Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA> Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:58:48 on 02/01/2017 under Order No.8621137397I which expires on 0501 4120 17. and Is not for resale. _ User Notea: (1463818875) § 2.3.2.4 If the Construction Manager recommends a specific bidder that with the Construction Manager, then the Construction Manager shall promptly notify the Owner in writing ofsuch relationship and notify the Owner of the specific nature of the contemplated '-°° -° n, -- --Faro ., '- s8--Ln 640-3--transaction. on. § 2.3.2.6 Upon the execution of the Guaranteed Maximum Price Amendment, the Construction Manager shall prepare and submit to the Owner and Architect a construction schedule for the Work and submittal schedule in accordance with Section 3.10 of "9^r:�;-= 00:7.A201 -2007 (as amended). PAGE 8 § 2.3.2.8 The Construction Manager shall develop a system of cost control for the Work, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. The Section 3.12.10 of A201 -2007 (as amended) shall apply to both the Preconstruction and Construction Phases. Section 10.3 of A201 -2007 (as amended) shall apply to both the Preconstruction and Construction Phases § 3.1.1 The Owner shall provide information with reasonable promptness, regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, constraints, and criteria, including schedule, space requirements and relationships, flexibility and expandability, special equipment, systeRtsr systems sustainability and site requirements. PAGE The Owner shall ' . designate in writing a representative who shall have express authority to bind the Owner with resnect to all matters requiring the Owners approval or authorization. The Owner's representative shall render decisions promptly and furnish information expeditiously, so as to avoid unreasonable delay in the services or Work of the Construction Manager. Except as otherwise provided in Section 4.2.1 of,4201 2807; A201 -2007 (as amended). the Architect does not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. The Owner shall retain an Architect to provide services, dttNes� duties and responsibilities as described in AIA Document 64331'' —^_^0 W, BI03TNI -2007. Standard Form of Agreement Between Owner and Architect, GenstwetieR M&RageF 85 GORStFtiew Editio_. including any additional services requested by the Construction Manager that are necessary for the PreconstrUCtion and Construction Phase services under this Agreement. The Owner shall provide the Construction Manager a copy of the executed agreement between the Owner and the Architect, and any further modifications to the agreement. Additions and Deletions Report for AIA Document A133^ — 2009 (formerly At 21 -CMe- 2003). copyright O 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAs Document is protected by U.S. Copyright Law and Intern ational Treaties. Unauthorized 7 reproduction or distri bution of this AIAs Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:58:48 on 0270112017 under Order No.8621137397 1 which expires on 0511412017, and Is not for resale. User Notes: (1483616875) § 4.1.2 FeF die C-8 w i x x..__....- - PiFeeenstruetieit Phase Sen lees deseribed an Seetiens 2.1 and 2.1 Preconstruction Manager $95 00/hr Model Integrator $55 00/hr rate scneaule list above. § 4.1.3 ifthe PFeeenstfuetien Phase seMiees ee%-eped by this A.-Feemefit have Fiat beefl eempleted withiR MaRagein, eampensatien fe_ P- __„__tmet: -_ Phase ..,._.:__.. _hall be __ .�Q ab y a jusie-4.—"omoensation based on Direct § 4.4,4 GenipeRswien based an DiFee! PeFSennel Expense ineludes the diFeet salaries efthe GanstFue4ion Managef's mandatory and etimeignsfy eettlifibutiens a"d benefits related iheFete, stieh as emplayment twies land ethelF 91111tilffy empleyee benefits, inswanee, siek leaNe, holidays, Neitatiens, employee Fetif:emefit plans and sifnilap eentFilstiliens. § 4.2,1 Unless otherwise agreed, payments for services `hall be made faenjhr° in ---- ien ._ ___ :_,._ ---f - r r r will be in accordance with 4.1.1. PAGE 10 i,7, § 5.1 For the Construction Manager's performance of the Work as described in Section 2.3, the Owner shall pay the Construction Manager the Contract Sum in current funds.fit ds for the Construction Manager's performance of the Contract. The Contract Sum is the Cost of the Work as defined in Section 6.1.1 plus the Construction Manager's Fee. Additions and Deletions Report for ALA Document A133"-2009 (formerly A121 -CMC- 2003(. Copyright O 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAa Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:58:48 on 0210112017 under Order No.8621137397 1 which expires on 05114/2017, and is not for resale. — User Notes: (7483616875) A_luml) sum equal to Five Percent (5 %) of the Cost of the Work. The Construction Manager's Fee shall be adjusted for changes in the Work by zero percent (00/6) for deductive changes and Five Percent (5 %) for additive changes. § 5.1.2 The Riet...A afad: ...men. t sfthe r•sngf- et ga lI___•-_= s Fee C - e1._____ in the y,__ .. Rental rates for Construction Manager -owned equipment shall not exceed One Hundred percent ( 100% ) of the standard rate paid at the place of the Proiect. § 5.1.3 6ifnitatiens, if al k " c..r... _-r ono and _F061 c _ .1.e east e fit peftiefl e fthe V10171- Unit prices. if anv: (Identify and state the unit Price: state the auantihi limitations. ifanv. to which the unit vice will be applicable.) Item Units and Limitations Price per Unit ($0.001 § 5-4.4 Rental fates R61F Genstftletiea N4afta-.eF owsed equipmen! shall net e�ceeed PeFeent 0q efthe Standard Fate paid at the plaee eAhe Ppejeet. IiL1�1 6 5.2.1.2 Owner acknowledges that the Guaranteed Maximum Price applies in the aggregate to all categories and line items of the Cost of Work as defined in Article 6 of this Agreement and in no event shall be considered a line item guarantee of the cost of any individual portion of the Work. PAGE 11 § 5.3.1 The Owner may, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions. The Owner shall issue such changes in writing. The Architect may make minor changes in the Work as provided in Section 7.4 of AIA Document A ^n- �;- -2007, A201 -2007 (as amended). General Conditions of the Contract for Construction. The Construction Manager shall be entitled to an equitable adjustment in the Contract Time as a result of changes in the Work. § 5.3.2 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution of the Guaranteed Maximum Price Amendment may be determined by any of the methods listed in Section 7.3.3 of AIA Document A201 - 3807 -A201 -2007 (as amended). General Conditions of the Contract for Construction. § 5.3.3 In calculating adjustments to subcontracts (except those awarded with the Owner's prior consent on the basis of cost plus a fee), the terms "cost" and "fee" as used in Section 7.3.3.3 of AIA Document A201 -2007 (as amended/ and the term "costs" as used in Section 7.3.7 of AIA Document A201 -2007 (as amended) shall have the meanings assigned to them in AIA Document A201 -2007 (as amended) and shall not be modified by Sections 5.1 and 5.2, Sections 6.1 through 6.7, and Section 6.8 of this Agreement. Adjustments to subcontracts awarded with the Owner's prior consent on the basis of cost plus a fee shall be calculated in accordance with the terns of those subcontracts. Additions and Deletions Report for AIA Document A133- -2009 (formerly A121 -CMe - 2003). Copyrght Q 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIM Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:58:48 on 02/01/2017 under Order No.8821137397 1 which expires on 05114/2017, and Is not for resale. User Notes: (1483818875) § 5.3.4 in calculating adjustments to the Guaranteed Maximum Price, the terms "cost" and "costs" as used in the above- referenced provisions of AIA Document A201 -2007 (as amended) shall mean the Cost ofthe Work as defined in Sections 6.1 to 6.7 of this Agreement and the term "fee" shall mean the Construction Manager's Fee as defined in Section 5.1 of this Agreement. § 6.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Construction Manager in the propel performance of the Work. standard paid at the plae eft he pF ' e with "'°Fee's"• ^••- -. The Cost of the Work shall include only the items set forth in Sections 6.1 through 6.7. § 6.2.1 Wages of construction workers directly employed by the Construction Manager to perform the construction of the Work at the site flu, ifh the 0., er'- --'° ---- -• -', -• -'-'•- or at off -site locations or workshops. Classification Name (ljit is intended that the wages a• salaries ojcertain personnel stationed at the Construction Manager's principal ei* ethef- s -a1Tce or offices other than the site af1'ice sha!( be included to the Cost ojthe World such oetsonnelshallbe identified below) § 6.2.3 § 6.2.4 benefits, hel:J_. _ and ___- _.__ _ adjusted accordingly. PAGE 12 Additions and Deletions Report for AIA Document A133--2009 (formerly A121 O1CMe— 2003). Copyright O 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 10 reproduction or distribution of this AIAs Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:58:48 on 02/01/2017 under Order No.8621137397 1 which expires on 05/1412017, and Is not for resale. User Notes: (1483616875) § 6.5,2 Rental charges for temporary facilities, machinery, equipment and hand tools not enstefttefi)yowned by ^--'•--- •h the construction workers, which are provided by the Construction Manager at the site -site. whether rented from the Construction Manager or others. and costs of transportation, installation, minor repars, dismandin., ONd FeFfleval. The total rental eesf efaRy GensWuetien ? 4asagell awned item me6, Ret A—Peed the .repairs and replacements. dismantling and removal thereof Equipment owned by the Construction manager shall be rented at a rate not to exceed the standard rental rate in the geographical area in which the proiect is located. § 6.5.3 Costs of removal of debris and /or costs associated with diverting waste to a waste recycling center from the site of the Work and its proper and legal disposal. § 6.5.4 Costs ofdocument reproductions, facsimile transmissions and long- distance telephone calls, data lines postage and parcel delivery charges, telephone service at the site and reasonable petty cash expenses of the site office. PAGE 13 § 6.6.1 Premiums for that portion of - .91,,,,a•.-- .,.,EP find '--ndc insurance. bonds and other surety Programs required by the Contract Documents and the Construction Manager that can be directly attributed to this Contract. Self- insurance for either full or partial amounts of the coverages required by the Contract Documents, with the Owner's prior approval. § 6.6.4 Fees of laboratories for tests required by the Contract Documents, except those related to defective or nonconforming Work for which reimbursement is excluded by Section 13.5.3 of AIA Document A201 -2007 Las amended or by other provisions of the Contract Documents, and which do not fall within the scope of Section 6.7.3. § 6.6.5 Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents; the cost of defending suits or claims for infringement of patent rights arising from such requirement of the Contract Documents; and payments made in accordance with legal judgments against the Construction Manager resulting from such suits or claims and payments of settlements made with the Owner's consent. However, such costs of legal defenses, judgments and settlements shall not be included in the calculation of the Construction Manager's Fee or subject to the Guaranteed Maximum Price. If such royalties, fees and costs are excluded by the last sentence of Section 3.17 of AIA Document A201 -2007 (as amended) or other provisions of the Contract Documents, then they shall not be included in the Cost of the Work. § 6.6.6 Costs for electronic equipment and software, directly related to the Well - With the @A-ReF'^ PFiSF eppreve�Work. § 6.6.9 SUbjeat II0 •'-° ^•• °— PFie- °- --B°°' expenses menses incurred in accordance with the Construction Manager's standard written personnel policy for relocation and temporary living allowances of the Construction Manager's personnel required for the Work. § 6.7.2 Costs incurred in taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and property, as provided in Section 10.4 of AIA Document A ^z,- 0- -'_' ^ ^7.A201 -2007 (as amended). PAGE 14 Additions and Deletions Report for AIA Document A133--2009 (formerly A121 ^'Chic — 2003). Copyright O 1991, 2003 and 2009 by The American Insfitule of Architects. All fights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 11 reproduction or distribution of this AIAa Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:58:48 on 0210112017 under Order No.862t 137397J which expires on 0 511 412 01 7, and is not for resale. User Notes: (1483616875) § 6.7.4 The costs described in Sections 6.1 through 6.7 shall be included in the Cost of the Work, notwithstanding any provision of AIA Document A7201-2007 (as amended) or other Conditions of the Contract which may require the Construction Manager to pay such costs, unless such costs are excluded by the provisions of Section 6.8. .6 Any cost not specifically and expressly described in Sections 6.1 to 6.7; and .7 -- Costs, other than costs included in Change Orders approved by the Owner, that would cause the Guaranteed Maximum Price to be e, ed; -� 8 Casts ` ' - a -exceeded. 6.10 Nlaaagei:. PAGE 15 Additions and Deletions Report for AIA Document A133u - 2009 (formerly A121 n'CMc — 2003). Copyright m 1991, 2003 and 2009 by The American InsBkk of Architects. All rights reserved. WARNING: This AIA& Document is protected by U.S. Copyright Law and International Treaties. Unauthorized .(1 reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA sahwere at 14:58:48 on 0210112017 under Omer No.8621137397 1 which expires on 05114/2017. and is not for resale. — User Notes: (1483616875) Manggff Shall keep f6l! and detailed FeeAFd; RRd RePegals Felated ts the east af the WRIF" AH'I a a a a a, a '"Aagilmietien a to this Geniniet. The a wvm ° a PAGE 15 Additions and Deletions Report for AIA Document A133u - 2009 (formerly A121 n'CMc — 2003). Copyright m 1991, 2003 and 2009 by The American InsBkk of Architects. All rights reserved. WARNING: This AIA& Document is protected by U.S. Copyright Law and International Treaties. Unauthorized .(1 reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA sahwere at 14:58:48 on 0210112017 under Omer No.8621137397 1 which expires on 05114/2017. and is not for resale. — User Notes: (1483616875) § 7.1.3 Provided that -an Application for Payment is received by the AA:,.ekiteRarchitect not later than the I" day of the month, the Owner shall make payment he ` t ^�,,,r: -R •`ed affieunt to the Construction Manager not later than the 20" day of the same month. if an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than "-• s afteli the liehite -°^°i°°"he § 7.1.4 NKith- f required by the Owner. with each Application for Payment, the Construction Manager shall submit the Owner or Architect shall provide anv other evidence reasonably required by the Owner or Architect to demonstrate that cash disbursements already made by the Construction Manager on account of the Cost of the Work equal or exceed L(_)-progress payments already received by the Construction Manager, less fhthat portion of those payments attributable to the Construction Manager's Fee, plus fLpayrolls for the period covered by the present Application for Payment. Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document .A -. 2 —e;� ;A201 -2007 (as amended): .3 Add the Construction Manager's Fee, less retainage of (3efeent -( -%) -Zero ( 0% 1. The Construction Manager's Fee shall be computed upon the Cost of the Work at the rate stated in Section 3.1 -5.1.1 or, if the Construction Manager's Fee is stated as a fixed sum in that Section, shall be an amount that bears the same ratio to that fixed -sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; .4 Subtract retainage of persent ( 44) -Zero (0 %1 from that portion of the Work that the Construction Manager self - performs; .7 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A^^, 01 2907.A201 -2007 (as amendedl. § 7.1.9 Additions and Deletions Report for AIA Document A133'-2009 (formariy A121 n'CMc — 2003). Institute of Architects. All rights reserved. WARNING: This AIA- Document is protected by U.S. I reproduction or distribution of this AIAa Document, or any portion of it, may result in severe c the maximum extent possible under the law. This document was produced by AIA software at 14:5 expires on 05114/2017, and is not for resale. User Notes: IN m 1991, 2003 and 2009 By I ne nmencan hl Law and International Treaties. Unauthorized 13 criminal penalties, and will be prosecuted to 02/01 /2017 under Order N0.8621137397 1 which (1483616875) Percent (50016) or more complete in the Application for Payment. without reduction of previous retainaee no further retainaee will be withheld. PAGE 16 § 7.1.11 Except with the Owner's prior approval. the Construction Manager shall not make advance Payments to suppliers for materials or equipment which have not been delivered and stored at the site. 1 the Construction Manager has fully performed the Contract except for the Construction Manager's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A20�1 2007, and-fa t:_z:. _.r.,,_ _.._..:_eme.,.,. •c.._f .. hieh „ __,11._. ead a:__l payment; A201 -2007 (as amended). § 7.2.2 Me Owner's auditors will review and report in writing on the Construction Manager's final accounting within 30 days after delivery of the final accounting to the Architect by the Construction Manager. Based upon such Cost of the Work as the Owner's auditors report to be substantiated by the Construction Manager's final accounting, and provided the other conditions of Section 7.2.1 have been met, the Architect will, within seven days after receipt of the written report of the Owner's auditors, either issue to the Owner a final Certificate for Payment with a copy to the Construction Manager, or notify the Construction Manager and Owner in writing of the Architect's reasons for withholding a certificate as provided in Section 9.5.1 of the AIA Document A 222.,-- e0;-3007-A201 2007 (as amended). The time periods stated in this Section supersede those stated in Section 9.4.1 of the AIA Document A20, x;2007. A201 -2007 (as amended). The Architect is not responsible for verifying the accuracy of the Construction Manager's final accounting. § 7.2.31f the Owner's auditors report the Cost of the Work as substantiated by the Construction Manager's final accounting to be less than claimed by the Construction Manager, the Construction Manager shall be entitled to request mediation of the disputed amount without seeking an initial decision pursuant to Section 15.2 of A>� 1-3 . A201 -2007 (as amended). A request for mediation shall be made by the Construction Manager within 30 days after the Construction Manager's receipt of a copy of the Architect's final Certificate for Payment Failure to request mediation within this 30 -day period shall result in the substantiated amount reported by the Owner's auditors becoming binding on the Construction Manager. Pending a final resolution of the disputed amount, the Owner shall pay the Construction Manager the amount certified in the Architect's final Certificate for Payment. PAGE 17 ...... ... ... ... .....W.., as the ens.. uetie Manager shall Ya ervide bands As gas C uA in 4...:..1.. 11 of AIA n„_ ... _. A201 -2-00748.1 For all (State bonding requirements, ttyarry, and limits ofliabilityfor insurance required in Article A20; 2BB�JDocument A201 -2007 (as amended).) Additions and Deletions Report for AIA Document A133--2009 (formerly A12191CMc— 2003). Copyright® 1991, 2003 and 2009 by The American InaOOde of Architects. All rights reserved. WARNING: This AIA- Document Is protected by U.S. Copyright Law and International Treaties, Unauthorized 14 reproduction ordistribulion of this AIAa Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:58:48 on 02/01/2017 under Order No.8621137397 1 which expires on 0511412017, and is not for resale. User Notes: (1483616875) $ 2.000.000 Each Occurrence $ 4.000.000 General Aggregate $ 2.000.000 Personal and Advertising Iniury $ 4.000.000 Products - Completed Operations Aggregate .1 The policy shall be endorsed to have the General Aggregate apply to this Proieet only. .2 Products and Completed Operations insurance shall be maintained for a minimum period of at least ( I ) year(s) after either 90 days following Substantial Completion or final payment, whichever is earlier. .3 The Contractual Liability insurance shall include coverage sufficient to meet the obligations in Section 3.18 of A201T" 1 -2007 (as amended). 4 8.1.3 Automobile Liability (owned, non -owned and hired vehicles) for bodily iniury and provertv damage: $1.000.000 Each Accident 4 8.1.4 Other coverage: $ 25.000.000 — Umbrella Coverage 2) Construction Manager's actual premium cost of the above. Application of SDI or surety bond shall be at the sole discretion of the Construction Manager. The cost of the Construction Manager's insurance program shall be reimbursed at the rate of $8.50 per thousand dollars of Contract Sum. Rates shall be subject to adiustment on the first day of each calendar year if required by the Construction Manager. The Construction Manager will maintain Builders Risk Insurance at the rate of $0.15 per thousand of Contract Sum per month to insure the components of the Project while under construction and shall also maintain General Liability coverage as identified above to insure against losses to the adjacent structures from damage which may be caused by construction activity. Owner acknowledges that the information provided in this 8.1.4 is trade secret proprietary. or otherwise confidential and competitive to Construction Manager, and shall not be disclosed to any third -oarty without advance written authorization of Construction Manager's Operations President. (If Umbrella Excess Liability coverage is remrired over the primary insurance or retention, insert the coverage PAGE 18 § 9.1 Any Claim between the Owner and Construction Manager shall be resolved in accordance With the provisions set forth in this Article 9 and Article 15 of A °nom:-- ^— n^ A201 -2007 (as amended). However, for Claims arising from Additions and Deletions Report for AIA Document A13 3 91 -2009 (formerly A121 -CMe— 2003). Copyright O 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 15 reproduction or distribution of this AIAe Document or any portion of it. may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:58:48 an 02/01/2017 under Order No.8621137397_1 which expires on 05/1412017, and is not for reaela. User Notes: (1483616875) or relating to the Construction Manager's Preconstruction Phase services, no decision by the Initial Decision Maker shall be required as a condition precedent to mediation or binding dispute Feseliptien, affil Seetien 9.9 efthis ,;ffecffi�,a. -app resolution. § 9.2 For any Claim subject to, but not resolved by mediation pursuant to Section 15.3 of AIA Document A'^,- o ^^', 11201 -2007 !as amended). the method of binding dispute resolution shall be as follows: [ 2 ] Arbitration pursuant to Section 15.4 of AIA Document A201 -2007 (as amended) § 10.1.1 Prior to the execution of the Guaranteed Maximum Price Amendment, the Owner may terminate this Agreement upon not less than seven days' written notice to the Construction Manager for the Owner's convenience and without cause, and the Construction Manager may terminate this Agreement, upon not less than seven days' written notice to the Owner, for the reasons set forth in Section 14. 1.1 of T, "2 ^- e,- 3�> ^ ^'.A201 -2007 (as amended). PAGE 19 The Owner shall also pay the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Construction Manager which the Owner elects to retain and which is not otherwise included in the Cost of the Wadi undeF °- -•'-- 10. 1.3.'. Work. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Construction Manager shall, as a condition of receiving the payments referred to in this Article 10, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Construction Manager, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager under such subcontracts or purchase orders. All Subeen:FaetTsubcontracts . purchase orders and rental agreements entered into by the Construction Manager will contain provisions allowing for assignment to the Owner as described above. Following execution of the Guaranteed Maximum Price Amendment and subject to the provisions of Section 10.2.1 and 10.2.2 below, the Contract may be terminated as provided in Article 14 of AIA Document A20 -= ^0'.A201 -2007 (as amended). § 10.2.1 If the Owner terminates the Contract after execution of the Guaranteed f laiiisRum Price Amendment, the amount payable to the Construction Manager pursuant to Sections 14.2 and 14.4 of A201 -2007 (as amended) shall not exceed the amount the Construction Manager would otherwise have received pursuant to Sections 10. 1.2 and 10. 1.3 of this Agreement. Additions and Deletions Report for AIA Document A133^ —2009 (formerly A121 -CMc- 2003). Copyright ®1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 16 reproduction or distribution of this AIAn Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced by AIA software at 14:58:48 on 02!0112017 under Order No.8621137397 1 which expires on 0 511 412 01 7, and is not for resale. User Notes: (1483616875) § 10.2.2 If the Construction Manager terminates the Contract after execution of the Guaranteed Maximum Price Amendment, the amount payable to the Construction Manager under Section 14.1.3 of A'2201-2007 (as amended) shall not exceed the amount the Construction Manager would otherwise have received under Sections 10. 1.2 and 10.1.3 above, except that the Construction Manager's Fee shall be calculated as if the Work had been fully completed by the Construction Manager, utilizing as necessary a reasonable estimate of the Cost of the Work for Work not actually completed. The Work may be suspended by the Owner as provided in Article 14 of AIA Document A -301 200;E.—A201-2007 (as amended). In such case, the Guaranteed Maximum Price and Contract Time shall be increased as provided in Section 14.3.2 of AIA Document A201 2w007 A201 -2007 (as amended), except that the term "profit" shall be understood to mean the Construction Manager's Fee as described in Sections 5.1 and 5.3.5 of this Agreement. § 11.1 Terms in this Agreement shall have the same meaning as those in r. A2 - -0 -= 00-7-.A201 -2007 (as amended). Section 1.5 of A201 -2007 (as amended) shall apply to both the Preconstruction and Construction Phases. PAGE 20 Section 13.1 of A201 -2007 (as amended) shall apply to both the Preconstruction and Construction Phases. The Owner and Construction Manager, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Construction Manager shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. Except as provided in Section 13.2.2 of A 201 200 , A201 -2007 (as amended), neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 4 11.5.1 Owner acknowledges that certain information provided to it by Construction Manager contains information deemed trade secret proprietary, competitive or otherwise confidential to Construction Manager, regardless of whether specifically identified as such in this Agreement. Such information includes but is not limited to Construction Manager's research. development methods, processes, techniques, operations, computer programs. 6 11.5.2 If Drawings are revised after the Drawings referenced in the Contract, the Owner shall have the Architect Addition* and Deletions Report for AIA Document A13a^ —2009 (fom arty A721 "'eMc — 2003). copyngnl01991. 2oW and 2u W by Tne Amencan Institute of Architects. All rights reserved, WARNING: This AIAI Document Is protected by U.S. copyright law and International Treaties. Unauthorized 17 reproduction or distribution of this AIAa Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documenlwas produced by AIA software at 14:58:48 on 01/01/2017 under Omar No.8621137397_7 which expires on 0511412017. and Is not for resale. User Notes: (1483616875) revised Drawings. the Guaranteed Maximum Price and Contract Time are subject to additional equitable adjustments for the cost and time impacts if imnle nentine any changes not so identified .2 AIA Document ""z:- 9;-- ^_00?r.A201 -2007 (as amended). General Conditions of the Contract for Construction Additions and Deletions Report for AIA Document A13391— 2009 (formerly A121 naCNlc — 2003). Copyright ® 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA- Document is protected by U.S. Copyright Law and International Treaties. Unauthorized .( 8 reproduction or distribution of this AIA- Document, or any portion orit, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA sorlware at 14:58:48 on 0210112017 under Order No.8621137397 1 which expires on 0511412017, and is not for resale. — User Notes: (1483618878) i .e 3 Certification of Document's Authenticity AIA® Document D401 TM — 2003 I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 14:58:48 on 02101/2017 under Order No. 8621137397_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A133TIl —')009, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. T: \/p — OP ZLl i i ONES (Title) Z (Dated) AIA Document D401 -- 2003. copyright ®1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA- Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA- Document, or any portion of it, .� may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This dowmenlwas produced by AIA software at 14:58:48 on 0 210 112 01 7 under Order No.8621137397 1 which expires on 0511412017, and is not for resale. User Notes: (1483616875) EXHIBIT A N 110a CONSINUC00NSE9VICES January 19, 2018 Bid Package Description Actual Bid Responsive Bidder 009.03.01 Concrete $ 119,350.00 D -Kerns Construction 009.02.01 Demolition $ 65,333.00 Total Demolition 009.04.01 Masonry $ 54,919.00 ProCraft Masonry 009.05.01 Structural & Misc. Steel $ 79,872.00 Fig Tree 009.03.04 Structural Precast Concrete $ 163,400.00 Arrowhead Precast 009.06.03 Millwork $ 117,856.00 Fadco 009.07.04 Roofing $ 37,200.00 Atwell Roofing 009.07.01 Sealants and Waterproofing $ 12,682.00 Oklahoma Roofing & Sheet Metal 009.08.02 Overhead Coiling Doors $ 15,485.00 Johnson Equipment 009.08.01 Wood Doors $ 12,106.00 VYndor 009.08.03 Glass & Glazing $ 79,466.00 Coulter & Company 009.09.01 Drywall & Cellin s $ 164,760.00 M.L. Jones 009.09.03 Tile and Commercial Flooring $ 144,570.00 PT Enterprises 009.09.05 Painting $ 86,575.00 Vale Painting 009.10.03 SI na e $ 18,606.00 A -Max Sign 009.10.01 Building Specialties $ 25,337.00 Nabholz Construction 009.10.02 Doors, Frames, Hardware $ 93,550.00 Builders Supply 009.21.01 Fire Suppression $ 40,000.00 Frazier Fire 009.23.01 Plumbing & HVAC $ 582,740.00 McIntosh Service 009.26.01 Electrical Systems $ 998,776.00 Colburn Electric 009.32.01 Asphalt Paving & Markings $ 36,330.00 Dunhams Asphalt Services 009.31.01 Earthwork $ 110,000.00 D -Kems Construction 009.32.05 Fencing $ 61,300.00 Ranchers Pipe & Steel 009.32.07 Landscaping $ 12,300.00 Horizon Lawn & Landscape Allowances Furniture Moving & Storage $ 15,000.00 Hardware Repairs / Replacement $ 7,500.00 3rd Party Material Testing $ '10,000.00 Overhead Power Line Protection $ 5,000.00 Totals Subcontractor/Supplier Base Bid $ 3,170,013.00 General Conditions General Requirements General Liability Subcontractor surety Builders Risk Performance Payment Bond Construction Manager Fee Contingency Preconstruction Fee $ 184,065.84 $ 81,770.00 $ 34,000.00 $ 4,800.00 $ 22,400.00 $ 174,852.44 $ 257,033.09 $ 5,000.00 5.00% 7.00% Totals For Base Bid $ 3,933,934.37 W == .AIA Document A133Ta — 2009 Exhibit A Veilvr Guaranteed Maximum Price Amendment for the following PROJECT: (Name and address or location) Owasso Police Department Renovation 111 N. Main Owasso, OK 74055 THE OWNER: (Name, legal status and address) City of Owasso 200 S. Main Street Owasso, OK 74055 THE CONSTRUCTION MANAGER: (Name, legal status and address) Nabholz Construction Services 10319 E. 541" Street Tulsa, OK 74146 ARTICLE A.1 § A.1.1 Guaranteed Maximum Price Pursuant to Section 2.2.6 of the Agreement, the Owner and Construction Manager hereby amend the Agreement to establish a Guaranteed Maximum Price. As agreed by the Owner and Construction Manager, the Guaranteed Maximum Price is an amount that the Contract Sum shall not exceed. The Contract Sum consists of the Construction Manager's Fee plus the Cost of the Work, as that term is defined in Article 6 of this Agreement. § A.1.1.1 The Contract Sum is guaranteed by the Construction Manager not to exceed Three Million Nine Hundred Thirty Three Thousand Nine Hundred Thirty Four Dollars and 37/00 ($ 3,933,934.37 ), subject to additions and deductions by Change Order as provided in the Contract Documents. § A.1.1.2 Itemized Statement of the Guaranteed Maximum Price. Provided below is an itemized statement of the Guaranteed Maximum Price organized by trade categories, allowances, contingencies, alternates, the Construction Manager's Fee, and other items that comprise the Guaranteed Maximum Price. (Provide below or reference an attachment.) See Exhibit A § A.1.1.3 The Guaranteed Maximum Price is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. /f the Contract Documents permit the Owner to accept other alternates subsequent to the execution of this Amendment, attach a schedule of such other alternates showing the amount for each and the date when the amount expires.) ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201T^ 2007, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. Init AIA Document A133L° —2009 Exhibit A. Copyright (D 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any / portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:56:56 an 02/0212018 under Order No.9486486490 which expires on 06/23/2018, and is not for resale. User Notes: (929648449) § A.1.1.4 Allowances included in the Guaranteed Maximum Price, if any: (7dentijy allowance and state exclusions, if any, from the allowance price.) Item Price ($0.00) Furniture Moving & Storage $15,000 Misc. Hardware Repairs & Replacement $7,500 3'a Party Testing $10,000 Overhead Power Line Protection $5,000 § A.1.1.5 Assumptions, if any, on which the Guaranteed Maximum Price is based: § A.1.1.6 The Guaranteed Maximum Price is based upon the following Supplementary and other Conditions of the Contract: Document Title Date § A.1.1.7 The Guaranteed Maximum Price is based upon the following Specifications: (Either list the Specifications here, or refer to an exhibit attached to this Agreement.) Specifications dated December 2711, 2017 by Police Facility Design Group Section Title Date § A.1.1.8 The Guaranteed Maximum Price is based upon the following Drawings: (Either list the Drawings here, or refer to an exhibit attached to this Agreement.) Reference Exhibit B, Plans dated December 271h by Police Facility Design Group Number Title Date Pages Pages § A.1.1.9 The Guaranteed Maximum Price is based upon the following other documents and information: (List any other documents or information here, or refer to an exhibit attached to this Agreement.) Addendum 1, dated 1/9/2018 Addendum 2, dated 1/15/2018 Addendum 3, dated 1/16/2018 Addendum 4, dated 1/17/2018 ARTICLE A.2 § A.2.1 The anticipated date of Substantial Completion established by this Amendment: December Pt, 2018 OWNER (Signature) Warren Lehr City Manager (Printed name and title) CONSTRUCTION MANAGER (Signature) Doyle Phillips EVP (Printed name and title) Init AIA Document A13391 — 2009 Exhibit A. CopydgM ®1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA- Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document or any portion of 14 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was t produced by AIA software at 15:56:56 on 02/0212018 under Order No.9486486490 which expires on 0612312018, and is not for resale. User Notes: (929648449) Additions and Deletions Report for AIA® Document A 133"m — 2009 Exhibit A This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 15:56:56 on 0 210 212 01 8. PAGE Owasso Police Department Renovation 1 I I N. Main Owasso, OK 74055 City of Owasso 200 S. Main Street Owasso, OK 74055 Nabholz Construction Services 10319 E. 54" Street Tulsa. OK 74146 § A.1.1.1 The Contract Sum is guaranteed by the Construction Manager not to exceed Three Million Nine Hundred Thirty Three Thousand Nine Hundre d Thirty Four Dollars and 37/00 ($ 3.933.934.371, subject to additions and deductions by Change Order as provided in the Contract Documents. See Exhibit A PAGE 2 Furniture Moving & Storage $15,000 Misc. Hardware Repairs & Replacement $7500 31" Party Testing $10,000 Overhead Power Line Protection $5,000 Specifications dated December 27'". 2017 by Police Facility Design Grout) Reference Exhibit B. Plans dated December 27" by Police Facility Design Group Additions and Deletions Report for AIA Document A133TM —2009 Exhibit A. Copyright ®1991, 2003 and 2009 by The American InsOtute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:56:56 on 02102/2018 under Order No.9486486490 which expires on 06123/2018, and is not for resale. User Notes: (929648449) Addendum 1, dated 1/9/2018 Addendum 2. dated 1/15/2018 Addendum 3. dated 1/16/2018 Addendum 4, dated 1/17/2018 December 111, 2018 Warren Lehr City Manager Doyle Phillips EVP Additions and Deletions Report for AIA Document A133TM —2009 Exhibit A. Copydght ®1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:56:56 on 02/07/2018 under Order No.9486486490 which expires on 0612312018, and is not for resale. User Notes: (929648449) Certification of Document's Authenticity AIA® Document D401 TM — 2003 I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 15:56:56 on 02/02/2018 under Order No. 9486486490 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A I33TM— 2009 Exhibit A, Guaranteed Maximum Price Amendment , as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Dated) AIA Document D401- —2003. Copyright O 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA- Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:56:56 on 02102/2018 under Order No.9485486490 which expires on 06/23/2018, and is not for resale. User Notes: (929648449) REAL People • REAL CM1aractar •REAL Community TO: Honorable Mayor and City Council City of Owasso FROM: Bronce L. Stephenson, MPA Director of Community Development SUBJECT: Annexation (OA 18-01) - NW Comer of E 86th St N and N 161st E Ave Ordinance 1125 DATE: February 16, 2018 BACKGROUND: The Community Development Department received a request for annexation of property located on the northwest corner of E 86th St N and N 161st E Ave. The subject property is approximately 40.10 acres in size and is currently zoned AR (Agriculture Residential) in Rogers County. Upon annexation, the property would be brought into Owasso City Limits as AG (Agriculture). SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North_ OPUD -15 / RS -3 (Residential Undeveloped Parks /Recreation City of Owasso Within Overlay District? Single - Family High Density) Water Provider Rogers County Rural Water District #3 Applicable Paybacks South RS -40 (Residential Single- Power Station & Public /Institutional Rogers County Family Low Medium Density) Undeveloped & Transitional East RS -40 (Residential Single- Residential Commercial & Rogers County Family Low Medium Density) Residential West OPUD -15 / RS -3 (Residential Park & Parks /Recreation City of Owasso Single - Family High Density) Residential & Residential SUBJECT PROPERTY /PROJECT DATA: Property Size 40.10 +/- acres Current Zoning AR (Agriculture Residential) Proposed Zoning Upon Annexation AG (Agriculture) Land Use Plan Commercial /Transitional /Residential Within PUD? No Within Overlay District? No Water Provider Rogers County Rural Water District #3 Applicable Paybacks Storm Siren Fee ($50.00 per acre) Elm Creek Sanitary Sewer Relief Area ($1,338.58 per acre) ANALYSIS: The property is currently zoned AR (Agriculture Residential) in Rogers County, and the applicant requests that the property be brought into Owasso City Limits with an AG (Agriculture) zoning designation. The subject property is predominantly undeveloped but has a few existing agricultural and residential structures. The GrOwasso 2030 Land Use Master Plan calls out for three types of land uses on the property. The hard NW corner of E 86th St N and N 161st E Ave is called out for commercial uses. A section of the property directly north of the hard corner is called out for transitional land uses. The remaining area of the property is called out for residential uses. The City of Owasso will provide sanitary sewer, Fire, Police, and EMS to the property upon annexation. Water service will be provided to the property by Rogers County Rural Water District #3. Any future development that occurs on the subject property must adhere to all Owasso subdivision, zoning, and engineering requirements. PLANNING COMMISSION The Planning Commission considered this item at their regular scheduled meeting February 12, 2018, voting 5 -0 to recommend approval. RECOMMENDATION: Staff recommends approval of Ordinance 1 125. ATTACHMENTS: Aerial Map Zoning Map GrOwasso 2030 Land Use Master Plan Map Annexation Exhibit Ordinance 1125 Zoning Map OA 18 -01 Rs zs z s ubject Property y RS 40 R m, � - apt 1si %N- - Fasi,9 sFSt N- -- �. a ,i A Residential Single Family High Density � Agncu[4ur P,; -T -r Agriculture 1 E 4 86th St N i � GrOwasso 2030 Land Use Master Plan OA 18 -01 LEGEND Land use Categories - Commercial - Industrial/Regional Employment Neighborhood Mixed Use (Light Office, Commercial Slopping, Attached Housing, --" SF Housing, Apartments above retail) L ::I Parks(Recreation - Puhlidlns6Wtional/Ouasi Public Residential (Single family detached housing) �i Transitional (Attached housing, duplexes, offices) ® US -ifig Oveday District ® - Glen- MurAddition Special District ® ^Oovvnlown Development District Subject Property 100yr Floodplain Planned TraillOrt- Street Bikeroute/ Complete Street Existing trail A Fire Station Existing Public School ? Future Public School -r Civilian Airstrip B Future Park and Ride /fmnsit Stop © Hospital Q Public Park v Golf Course ttt Cemetery F- IT! n ro E 86th St N Annexation Exhibit The Park at Preston Lakes Unplatted i N89°69YTE- 888.86' Location Map R -14 -E Rimusrwm cra�nroam T 6 N N C) z [PSimMSmeEf NOanr g . SeGbn 22 Unplatted Rego. O m OEMN Total Area - ±40.10 Acres 200 yoo 0 200 s y $ Cp SCALE: " =200' Park Place at Preston Lakes — — N89`56'45E- 681.85 East 86th Street North The Park At Preston Lakes Date of Preparabon: January 5, 2018 0115 -0]OUIkcDwga \150]O Mndallon 6tobittlrrg, lN&LO18 -112 AM CITY OF OWASSO, OKLAHOMA ORDINANCE 1125 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY, REFERENCED IN APPLICATION OA 18 -01 AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WHEREAS, public hearings have been held regarding the request for annexation of the property located on the northwest corner of E 86th St N and N 161st E Ave; and, WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all statements for or against the requested annexation of the property referenced in application OA 18 -01. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION 1. A tract of land, being more particularly described as follows: East Half (E /2) of the East Half (E /2) of the Southeast Quarter (SE /4) of Section 22, Township 21 North, Range 14 East of the Indian Base Meridian, Rogers County, Oklahoma. Said tract contains 40 acres more or less. The some is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, and its corporate limits. All persons residing therein, and all property situated thereon, shall be subject to the jurisdiction, control, laws, and ordinances of the City of Owasso, Oklahoma, in all respects and particulars. SECTION 2. From and after the passage and publication of this Ordinance, the real estate and territory described above shall be a part of the City of Owasso, Oklahoma, and in Ward 3. 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. There shall be filed in the office of the County Clerk of Rogers County, Oklahoma, a true and correct copy of this ordinance and correct map of the territory annexed. PASSED AND APPROVED this 20th day of February, 2018 Lyndell Dunn, Mayor Attest: Sherry Bishop, City Clerk (SEAL) APPROVED AS TO FORM: Julie Lombardi, City Attorney sd REAL People • ftEAL Character •REAL Lommuniry TO: The Honorable Mayor and City Council City of Owasso FROM: Roger Stevens Public Works Director SUBJECT: Right of Way Consultant Agreement -Terra Acquisition Garnett Road Widening Project from East 106th Street North to East 116 Street North DATE: February 17, 2018 BACKGROUND: In March 2016, City Council approved an engineering agreement with McClelland Consulting Engineers. In January 2017, staff received right of way and easement documents for 32 parcels and commenced with requesting appraisals. In May 2017, the appraisals were received and reviewed by City staff. Soon after, a meeting was held with Terra Acquisition to begin contacting property owners affected by the project and start ROW negotiations. AGREEMENT /SCOPE OF WORK: Based on the number of parcels and cost per parcel from Terra Acquisition, the total land acquisition service fee will exceed the City Manager's spending authority. Thus, staff requested a formal agreement with Terra Acquisition in January 2018. Following is the scope of work for this service: • Provide the easements or deeds to Right of Way Agent; • Make initial contact with property owner; • Offer a donation letter to each property owner (in lieu of payment); • Assist City with offers for ROW and easements; • Work with Engineering Consulting firm to determine alignment and any changes affecting the parcel; • Keep staff informed of all negotiations, contacts and documentation; • Assist City with ordering and reviewing appraisals. The Scope of Work will be performed for a not to exceed amount of $41,400 which includes $1,200 per parcel and $3,000 for mortgage releases and any additional services. FUNDING: Funding for the land acquisition services is included in the project budget in the Capital Improvement Fund. RECOMMENDATION: Staff recommends approval of a Right of Way Consultant Agreement with Terra Acquisition Services for the Garnett Road widening project from East 106th Street North to East 116th Street North in an amount not to exceed $41,400 and authorization for the Mayor to execute the agreement. ATTACHMENTS: Agreement Location Map January 24, 2018 Roger Stevens Public Works Director City of Owasso 301 West 2 "d Ave. Owasso, OK 74055 RE: Agreement -Right of Way Projects Garnett Road Widening 106`h to 116`h Anticipated Parcels -32 Dear Mr. Stevens: This letter will serve as the Agreement between Seven C's Enterprises, Inc dba Terra Acquisition Services (Right of Way Agent) and City of Owasso, Public Works Department (PWD) concerning the Right of Way and Easement acquisition for projects as outlined and deemed appropriate by PWD. SCOPE OF WORK: A. Right of Way Agent will initiate contact by letter and /or personal visit with all projected parcel owners. B. Right of Way Agent will initially try to obtain by gift all necessary easements or fee simple deeds. C. Right of Way Agent will follow up with offers to obtain necessary easements or fee simple deeds with approval by PWD. D. Right of Way Agent will work with Consulting Engineering firms to determine alignment and any changes affecting parcel owners. E. Right of Way Agent will have access to all engineering information needed to adequately perform duties. F. PWD may provide the easements or deeds to Right of Way Agent. G. Right of Way Agent will keep PWD informed of all negotiations, contacts and documentation. This Scope of Work will be performed for a not to exceed amount of $41,400.00 whit is; $1,200.00 per parcel and $3,000.00 for mortgage releases and any additional services. II ADDITIONAL SCOPE OF WORK: A. TITLE RESEARCH - Initial title information will be provided by PWD. additional research will be needed either by PWD or Right of Way Agent tl research will be completed by outside contractor with payment direr through PWD. mike @terraacquisitlon.com • 918.605.1436 a 8458 S. College Avenue @ Tulsa, OK 74137 B. APPRAISAL SERVICES - Appraisals will be ordered on an as needed b with payment directed through the PWD. C. OTHER PROFESSIONAL SERVICES -Other services such as docun preparation, mortgage subordinations, closings, minor legal work or any o services as directed by PWD, will be performed on an as needed basis. cost of these services will be determined by mutual agreement between PWD and Right of Way Agent. The Right of Way Agent may invi separately for any additional services requested. D. In the projects require federal acquisition criteria then the Right of Way Al will have the ability to negotiate a fee based on the increased criteria. E. COURT PREPARATON AND /OR APPEARANCES -If the Right of Agent is required by the PWD to prepare or appear on behalf of the Ag, work for the PWD than additional charges will incur, III PAYMENT FOR SERVICES AND EXPENSES A. Payment will be invoiced for % after the initial contact is made by Right Way Agent. B. Payment will be invoiced for the balance after the obtaining of the sigr documents or a condemnation is pursued. C. Right of Way Agent will be reimbursed for expenses, which would 1 outside the Scope of Work at the direction of the PWD. D. Invoices will be paid within 30 days after receipt by the PWD. E. Fee Schedule is attached as a part of this Agreement. IV TIME SCHEDULE A. Right of Way Agent will initiate contact after receiving written approval each project, obtaining work documents and obtaining addresses of par owners. B. The total time frame is anticipated to be approximately 120 days ft approval of Agreement or such time as is mutually agreed upon with PV and Right of Way Agent. Approved: City of Owasso Lyndell Dunn, Mayor 2/20/18 Date Approved: Seven C's Enterprises, Inc. DBA -Terra Acquisition Services Mike Craddock -Right of Way Agent Date -Z2 -1 k mikeCterraacquisition.com * 918.805.1438. 8468 S. College Avenue • Tulsa, OK 74137 FEE SCHEDULE RIGHT OF WAY PROJECTS A. TITLE RESEARCH -Title reports are $150.00 and up, which cost will be negotiated between PWD and the title company. Title commitments ordered 0 Fit D. E. F. are at their cost as needed. The payment may be either through TAS or PWD. APPRAISAL SERVICES - Appraisals and/or Market Analysis' will be ordered on an as needed basis. The payment may be either through TAS or PWD. MORTGAGE RELEASES /SUBORDINATIONS /ADDITIONAL DEEDS OR RELEASES -$100 to $300 depending upon amount of documentation needed. CLOSING FEES -$100 -$300 depending upon the complexity of the closing. RECORDING FEES- Priced determined by the agency providing service. OTHER PROFESSIONAL SERVICES -Any other services as directed by PWD will be performed on an as needed basis. The cost of these services will be determined by mutual agreement between the PWD and Right of Way Agent. The Right of Way Agent may invoice separately for any additional services requested. G. COURT PREPARATION AND /OR APPEARANCES -The preparation for court or mediation and the appearance will be invoiced on a per hour basis as determined between the Right of Way Agent and PWD. Mike Craddock -Right of Way Agent Seven C's Enterprises, Inc. DBA -Terra Acquisition Services mike @terraacquisition.com • 918.605.1436 • 8458 S. College Avenue • Tulsa, OK 74137 Garnett Road (E 106 St N to E 116 St N) �JJbBigHAnae�ags ,a_ygy2�{p}i}1ggBA'P6e�t�5..: Im:-g source = ap'rv38repsrr- aptv3), DighalGlobe, Texas Orthoimagery Program, USDA Farm Service Agency 1" =1505 ft Land Acquisition 02/15/2018 This map may represents a visual display of related geographic information. Data provided here on Is not guarantee of acutual field conditions. To be sure of complete accura7 please contact the responsible staff for most up-to -date information. REAL People •REAL Character • REAL Community TO: The Honorable Mayor and City Council City of Owasso FROM: Roger Stevens Public Works Director SUBJECT: Right of Way Consultant Agreement -Terra Acquisition East 116 Street North Roadway Improvements from Mingo to North 135 East Avenue DATE: February 17, 2018 BACKGROUND: In January 2017, City Council approved an engineering agreement with multiple engineer firms. In December 2018, staff received right of way (ROW) and easement documents for 15 of the 53 parcels and commenced with requesting appraisals. In January 2018, the appraisals were received and reviewed by City staff. Soon after, a meeting was held with Terra Acquisition to begin contacting property owners affected by the project and start ROW negotiations. AGREEMENT /SCOPE OF WORK: Based on the number of parcels and cost per parcel from Terra Acquisition, the total land acquisition service fee will exceed the City Manager's spending authority. Thus, staff requested a formal agreement with Terra Acquisition in January 2018. Following is the scope of work for this service: • Provide the easements or deeds to Right of Way Agent; • Make initial contact with property owner; • Offer a donation letter to each property owner (in lieu of payment); • Assist City with offers for ROW and easements; • Work with Engineering Consulting firm to determine alignment and any changes affecting the parcel; • Keep staff informed of all negotiations, contacts and documentation; • Assist City with ordering and reviewing appraisals. The Scope of Work will be performed for a not to exceed amount of $84,000 which includes $1,500 per parcel and $4,500 for mortgage releases and any additional services. It is important to mention, the cost per parcel has increased by $300 due to the amount of time negotiations have been taking on past City of Owasso projects. FUNDING: Funding for the land acquisition services is included in the project budget in the Capital Vision Recapture Fund. RECOMMENDATION: Staff recommends approval of a Right of Way Consultant Agreement with Terra Acquisition Services for the East 1 161h Street North widening project from Mingo to North 1351h East Avenue in an amount not to exceed $84,000 and authorization for the Mayor to execute the agreement. ATTACHMENTS: Agreement Location Map January 29, 2018 Roger Stevens Public Works Director City of Owasso 301 West 2 "d Ave. Owasso, OK 74055 RE: Agreement -Right of Way Projects Road Widening - East 1161i Street North Mingo Road to North 13511 East Avenue Anticipated Parcels -53 Dear Mr. Stevens: This letter will serve as the Agreement between Seven C's Enterprises, Inc dba Terra Acquisition Services (Right of Way Agent) and City of Owasso, Public Works Department (PWD) concerning the Right of Way and Easement acquisition for projects as outlined and deemed appropriate by PWD. SCOPE OF WORK: A. Right of Way Agent will initiate contact by letter and/or personal visit with all projected parcel owners. B. Right of Way Agent will initially try to obtain by gift all necessary easements or fee simple deeds. C. Right of Way Agent will follow up with offers to obtain necessary easements or fee simple deeds with approval by PWD. D. Right of Way Agent will work with Consulting Engineering firms to determine alignment and any changes affecting parcel owners. E. Right of Way Agent will have access to all engineering information needed to adequately perform duties. F. PWD may provide the easements or deeds to Right of Way Agent. G. Right of Way Agent will keep PWD informed of all negotiations, contacts and documentation. This Scope of Work will be performed for a not to exceed amount of $84,000.00 which is; $1,500.00 per parcel and $4,500.00 for mortgage releases and any additional services. II ADDITIONAL SCOPE OF WORK: A. TITLE RESEARCH - Initial title information will be provided by PWD. If additional research will be needed either by PWD or Right of Way Agent then research will be completed. by outside contractor with payment directed through PWD. mlke @terraacquisitlon.com • 918.605.1438 • 8458 S. College Avenue • Tulsa, OK 74137 III IV B. APPRAISAL SERVICES - Appraisals will be ordered on an as needed basis with payment directed through the PWD. C. OTHER PROFESSIONAL SERVICES -Other services such as document preparation, mortgage subordinations, closings, minor legal work or any other services as directed by PWD, will be performed on an as needed basis. The Post of these services will be determined by mutual agreement between the PWD and Right of Way Agent. The Right of Way Agent may invoice separately for any additional services requested. D. In the projects require federal acquisition criteria then the Right of Way Agent will have the ability to negotiate a fee based on the increased criteria. E. COURT PREPARATON AND /OR APPEARANCES -If the Right of Way Agent is required by the PWD to prepare or appear on behalf of the Agents work for the PWD than additional charges will incur. PAYMENT FOR SERVICES AND EXPENSES A. Payment will be invoiced for ' /.t after the initial contact is made by Right of Way Agent. B. Payment will be invoiced for the balance after the obtaining of the signed documents or a condemnation is pursued. C. Right of Way Agent will be reimbursed for expenses, which would fall outside the Scope of Work at the direction of the PWD. D. Invoices will be paid within 30 days after receipt by the PWD. E. Fee Schedule is attached as a part of this Agreement. TIME SCHEDULE A. Right of Way Agent will initiate contact after receiving written approval each project, obtaining work documents and obtaining addresses-of par owners. B. The total time frame is anticipated to be approximately 120 days fry approval of Agreement or such time as is mutually agreed upon with PV and Right of Way Agent. Approved: City of Owasso Lyndell Dunn, Mayor 2/20/18 Date Approved: Seven C's Enterprises, Inc: DBA -Terra Acqui.*ion Set-vices Date -za -/� of Way Agent mike0terraacqulsition.com • 918.605.1436 • 8458 S. College Avenue • Tulsa, OK 74137 FEE SCHEDULE RIGHT OF WAY PROJECTS A. TITLE RESEARCH -Title reports are $150.00 and up, which cost will be negotiated between PWD and the title company. Title commitments ordered are at their cost as needed. The payment may be either through TAS or PWD. B. APPRAISAL SERVICES- Appraisals and/or Market Analysis' will be ordered on an as needed basis. The payment may be either through TAS or PWD. C. MORTGAGE RELEASES /SUBORDINATIONS /ADDITIONAL DEEDS OR RELEASES -$100 to $300 depending upon amount of documentation needed. D. CLOSING FEES - $100 -$300 depending upon the complexity of the closing. E. RECORDING FEES - Priced determined by the agency providing service. F. OTHER PROFESSIONAL SERVICES -Any other services as directed by PWD will be performed on an as needed basis. The cost of these services will be determined by mutual agreement between the PWD and Right of Way Agent. The Right of Way Agent may invoice separately for any additional services requested. G. COURT PREPARATION AND /OR APPEARANCES -The preparation for court or mediation and the appearance will be invoiced on a per hour basis as determined between the Right of Way Agent and PWD. Mike Craddock -Right of Way Agent Seven C's Enterprises, Inc. DBA -Terra Acquisition Services mike ®terraacquisitlon.com • 918.605.1436 • 8458 S. College Avenue • Tulsa, OK 74137 E116StN- Mingo toN135EAve 1" = 3009 ft ROW 02/13/2018 -T This map may represents a visual dis lay of related geographic information. Data provided hereon Is not guarantee of acutual field conditions. To be sure of complete accuracy, please contact the responsible staff for most up-to-date �nfonnation. s� RPo -.0 acre, -REAI COmmuniry TO: The Honorable Mayor and Council City Of Owasso From: H. Dwayne Henderson, P.E. City Engineer Subject: Resolution 2018 -02 - Application for STP Funds 96th Street North /1451h East Avenue Intersection Widening Date: February 16, 2018 BACKGROUND: The intersection at East 96th Street North and North 145th East Avenue is owned and maintained by two separate entities. Tulsa County owns and maintains the north, south and west legs and Rogers County is responsible for the east leg of the intersection. It is currently one of the most heavily traveled unimproved intersections in the Owasso area. Actual traffic counts in this area are tabulated below along with the projected counts for 2038. Location Daily Traffic Daily Traffic Daily Traffic Daily Traffic Volume Volume Volume Volume (Projected (Vehicles per (Vehicles per (Vehicles per 2038 ADT) day 2018 ADT) day 2012 ADT) day 2006 ADT) 145th East Avenue, south 10,750 5,952 5,543 3,400 of 96th Street North 145th East Avenue, north 8,559 4,739 4,058 2,400 of 96th Street North 96th Street North, east of 9,963 5,516 4,891 4,500 145th East Avenue 96th Street North, west of 14,848 8,221 7,530 5,800 145th East Avenue 2018 data shows a 7.3% to 16.2% increase in traffic for the four legs of the intersection from 2012 to 2018. A 3% per annual increase was used to project the 2038 traffic flows in the table above. The 2006 Traffic Analysis stated that the intersection capacity would need to increase within three years. The improvements should be planned to handle the determined future 10 -year traffic growth of the area so as not to require another project for additional improvements within a few short years. The north -south legs of the intersection have already exceeded the 10 -year growth projections while the east -west legs on East 96th Street North have not met the projected rate. In 2018, Tulsa County, Rogers County and the City of Owasso agreed to share costs for the engineering design for the project, right -of -way and utility relocation. Staff has prepared a conceptual plan and preliminary design report that will be submitted to INCOG for FY 2021 Surface Transportation Program (STP) funds. These funds are made available on an annual basis by the Federal Highway Administration (FHWA), through the Oklahoma Department of Transportation (ODOT), for the implementation of eligible transportation improvements in the Tulsa Urbanized Area. INCOG administers the grant funding and has established a selection process for the distribution of STP funds. Priority funding is given to projects that meet federal regulations and help advance the Regional Transportation Plan through safety improvements and to projects that reduce traffic congestion. Proposed projects are evaluated for eligibility and priority based on a 100 - point rating system. On December 22, 2017, INCOG solicited for STP funding applications with a submittal deadline of February 23, 2018. This application is the second time the project has been submitted for funding. In 2015 the project was submitted and scored too low for funding. Since that application, staff has applied and awarded federal funds for improvements to East 106th Street North and North 129th East Avenue Intersection. Now that the traffic counts have increased, staff is proposing to resubmit this project for federal funding. PROPOSED RESOLUTION FOR CONSTRUCTION PHASE: Similar to the process utilized to obtain federal funding assistance for the East 106th Street North and North 129th East Avenue Intersection Improvements, a resolution is necessary in order to complete the application process. The 2018 application will request federal funding assistance for the construction of the roadway improvements. If this project is selected in spring 2018, the funding for construction will be targeted in FY 2021 -22 or sooner, depending on funding availability. CONCEPTUAL DESIGN SUMMARY: Both East 96th Street North and North 145th East Avenue are considered secondary arterials in Owasso. The intersection is a heavily used roadway that conveys residential, commercial and school traffic in the area, as well as commuter traffic to and from Owasso. The intersection is within two miles of a public school to the north and a public school to the south. It is also just a mile east of Owasso's heaviest commercial shopping activity, one of the busiest in suburban Tulsa. The proposed lane configuration is a 6 -lane roadway section including 2 -lanes in each direction with left and right turn lanes to expedite turning movements. Also included are sidewalks on each side of the intersection. Based on the conceptual design, the anticipated cost for construction of the proposed roadway improvements is $2,789,000. Construction administration (testing, inspection and administration of pay applications) is equal to 20% of the construction fee, which is $557,800 for a total cost of $3,346,800, excluding engineering, right of way and utility relocation costs. Tulsa and Rogers Counties, as well as the City of Owasso, agreed that paying for Phase I (engineering design, right -of -way and utility relocations) locally and requesting ODOT funding to contribute to Phase II (construction) allows us the best chance of obtaining funding. ODOT funding for this project would be through the Surface Transportation Program, which would fund a maximum of 80% of eligible construction costs, while the local government funds 20 %. However, staff believes that in order to have a competitive application, the federal percentage should be reduced and local percentage increased to 60 %/40 %. Based on conversations with Roger County, they are capable of funding 1/3 of the projected engineering, right -of -way and utility relocation fees. However, with all of their other on -going projects, they will not be able to participate in construction funding. Tulsa County has agreed that Tulsa County and the City of Owasso will participate in funding the 40% constriction portion, which will divide the responsibilities in half (20% Tulsa County /20% City of Owasso). Based upon this information, the following is a project estimate: Project Segment Estimate ODOT Portion Rogers County Shared Portion City of Owasso / Tulsa County Shared Portion Paid Locally Construction $2,789,000 $1,673,400 $1,115,600 40% Administration $557,800 $334,680 $223,120 40% Utility Relocation $649,000 $216,117 $432,883 100% Right -of -way $498,000 $165,834 $332,166 100% Engineering $220,000 $73,260 $146,740 100% Total Project Cost $4,713,800 $2,008,080 $455,211 $2,250,509 RECOMMENDATION: Staff recommends approval of Resolution 2018 -02 authorizing the submittal of an application for funding between the City of Owasso and the Oklahoma Department of Transportation for the East 96 Street North and North 145 East Avenue Intersection Widening Project, ATTACHMENTS: Resolution Location Map CITY OF OWASSO, OKLAHOMA RESOLUTION 2018 -02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR SURFACE TRANSPORTATION PROGRAM FUNDING BETWEEN THE CITY OF OWASSO AND THE OKLAHOMA DEPARTMENT OF TRANSPORTATION FOR THE EAST 96TH STREET NORTH AND NORTH 145TH EAST AVENUE INTERSECTION WIDENING PROJECT WHEREAS, Surface Transportation Program Urbanized Area funds have been made available for transportation improvements within the Tulsa Transportation Management Area; and WHEREAS, The City of Owasso has selected a project described as follows: The widening of Intersection at East 96th Street North and North 145th East Ave, Owasso, Oklahoma; and WHEREAS, the selected project is consistent with the local comprehensive plan, including applicable Major Street and Highway Plan Element, and the Regional Transportation Plan; and WHEREAS, the engineer's preliminary estimate of cost is $4,713,800.00, and Federal participation under the terms of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA -LU) relating to Surface Transportation Program Urbanized Area funds are hereby requested for funding of $2,008,080.00 (42.6 %) percent of the project cost; and WHEREAS, the City of Owasso proposes to match City of Owasso CIP, Tulsa County CIRB Funds and Rogers County CIRB funds for the $2,705,720.00 (57.4 %) balance of the project costs; and WHEREAS, the City of Owasso will arrange a qualified Engineer licensed in the state of Oklahoma to furnish professional services in the preparation of detailed plans, specifications and estimates; and WHEREAS, the City of Owasso agrees to provide for satisfactory maintenance after completion, and to furnish the necessary right -of -way clear and unobstructed; and WHEREAS, the City of Owasso has required matching funds available and further agrees to deposit with the Oklahoma Department of Transportation said matching funds within thirty (30) days after approval by the Federal Highway Administration, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, that, to -wit: The Indian Nations Council of Governments is hereby requested to program this project into the Transportation Improvement Program for the Tulsa Transportation Management Area; and that upon inclusion in the Transportation Improvement Program, the Oklahoma Transportation Commission is hereby requested to concur in the programming and selection of this project and to submit the same to the Federal Highway Administration for its approval. PASSED AND APPROVED this 20th day of February, 2018 by the City Council of the City of Owasso, Oklahoma. Lyndell Dunn, Mayor Attest: Sherry Bishop, City Clerk Approved As To Form: Julie Lombardi, City Attorney Page 2 of 2 Resolution 2018 -02 CITY OF OWASSO P.0.180 E 96th STREET N Owasso, OK 74055 918.272.4959 & N 145TH E AVE www.cityofowasso.com INTERSECTION LOCATION MAP MMIMz s� REAL People -FEALC a<ler REAL Cammuniry TO: The Honorable Mayor and City Council City of Owasso FROM: Julie Trout Lombardi City Attorney SUBJECT: Settlement Approval in Calvert & Raymer v. City of Owasso DATE: February 16, 2018 BACKGROUND: On or about November 23, 2016, Plaintiffs Ashley Calvert and Sarah Raymer were passengers in a vehicle owned by Plaintiff Hannah Raymer, and were involved in an automobile accident with an automobile driven by a City of Owasso employee. The accident was determined be the fault of the City's employee. Ashley Calvert and Sarah Raymer sustained injuries as a result of the accident, and required medical treatment as set forth in the attached demand letter. The vehicle owned by Hannah Raymer was found to be a total loss. As a result of the injuries sustained by the Plaintiffs, they incurred permanent injuries, pain and suffering and lost wages. They have requested $53,170.69 in total damages to settle each of their claims against the City of Owasso. RECOMMENDATION: Staff recommends the City Council approve the proposed settlement in the amount of $53,170.69 and further authorize payment of the settlement to Ashley Calvert, Sarah Raymer and Hannah Raymer, their attorney and any other necessary parties. ATTACHMENT: Demand Letter Julie, Attached are copies of Medical specials incurred by Ashley Calvert and Sarah Raymer, as well as information relating to the total loss to Hannah Raymer's 2008 Hyundai. Accordingly please accept this email as my clients demand for settlement. The following is a summary of their specials: Ashley Calvert St, Francis South 2783.96 EMP Er Phy 472.50 Radiology Consult not rec'vd Garret Watts, ortho 771.00 Dr. Gary Lee 1245.00 Cate Chiropractic 3730.00 Tulsa PRC 3645.00 Urgent Care not rec'vd Envision (CT) 1005.00 Tulsa Diag. Imag, 3600.00 Total $17,252.46 Sarah Raymer St. Francis South 1181.00 EMP ER Phy 472.50 Radiology Consultant not rec'vd Cate Chiropractic 3650.00 Dr. David Traub 700.00 Tulsa Diag. Imag. 3600.00 Total $9,603.50 Hannah Raymer 2008 Hyundai 3059.00 Tow yard Lien 1761.68 Loss of use ($25 per /d)350.00 Total $5170.68 Accordingly, please consider settling this matter for $30,000 for Ashley, $18,000 for Sarah, and $5170.69 for Hannah. Please feel free to contact me with any questions you may have and I look forward to hearing your response. Respectfully, .46pe Z & Attorney at Law 4325 East 51" St Suite 103 Tulsa OK 74135 Phone: 918-477 -7000 Fax. 918 -477 -7033 `Yiu��tiy+ �v 1�11_IA;jt , CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 02103/18 Department Payroll Expenses Total Expenses 105 Municipal Court 5,854.73 8,712.83 110 Managerial 24,800.01 35,193.52 120 Finance 16,583.08 24,952.56 130 Human Resources 8,460.93 13,315.97 160 Community Development 17,993.59 28,362.54 170 Engineering 18,004.15 27,356.75 175 Information Systems 14,408.21 21,976.05 181 Support Services 8,658.95 13,011.55 190 Cemetery 1,238.40 1,894.38 201 Police Grant Overtime 2,366.76 2,397.88 215 Central Dispatch 25,800.84 42,315.89 221 Animal Control 3,714.72 5,555.37 280 Emergency Preparedness 2,115.38 3,375.55 370 Stormwater /ROW Maint. 8,666.03 13,136.33 515 Park Maintenance 7,656.16 12,277.10 520 Culture /Recreation 7,986.26 12,604.03 550 Community- Senior Center 4,983.80 6,803.46 580 Historical Museum 664.40 745.98 710 Economic Development 3,446.85 5,227.04 General Fund Total 183,403.25 279,214.78 185 Garage Fund Total 7,301.57 11,706.08 255 Ambulance Fund Total 553.85 621.86 250 Fire Fund 37 Total 159,033.17 239,411.23 201 Police Fund 38 Total 147,081.45 225,483.63 300 Streets Fund 39 Total 15,781.27 24,831.69 370 Stormwater Fund 27 Total 2,105.01 3,301.67 150 Worker's Compensation Total 2,478.65 2,922.77 720 Strong Neighborhoods Total 3,943.77 5,759.34 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 2/1512018 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE DENTAL DEPT TOTAL VSP VISION MEDICAL SERVICES VISION DEPT TOTAL AMOUNT 26,307.22 36,975.46 25,107.62 36,593.83 44,998.51 1,891.77 171,874.41 4,241.09 2,698.50 6,939.59 2,918.49 2,918.49 HEALTHCARE SELF INSURANCE FUND TOTAL 181,732.49 CITY OF OWASSO GENERAL FUND & HALF -PENNY SALES TAX FISCAL YEAR 2017 -2018 Budgetary Basis Statement of Revenues & Expenditures As of January 31, 2018 REVENUES: Taxes Licenses & permits Intergovernmental Charges for services Fines & forfeits Other TOTALREVENUES EXPENDITURES: Personal services Materials & supplies Other services Capital outlay TOTAL EXPENDITURES REVENUES OVER EXPENDITURES TRANSFERS IN (OUT): Transfers in - Sales Tax Transfers out - RAN Financing Transfers out TOTAL TRANSFERS NET CHANGE IN FUND BALANCE ENCUMBRANCES OUTSTANDING FUND BALANCE (Budgetary Basis) Beginning Balance Ending Balance $ 594,286 $ 2,091,840 $ (1,425,661) $ (2,124,075) 6,324,495 6,324,495 $ 6,292,260 $ 4,898,834 MONTH YEAR PERCENT TO -DATE TO -DATE BUDGET OF BUDGET $ 2,970,886 $ 18,676,977 $ 31,201,390 59.867. 13,919 82,406 195,305 42.19% 59,049 596,395 1,110,592 53.70% 79,013 408,539 725,522 56.31% 51,361 270,342 610,007 44.32% 6,657 108,130 118,921 90.937. 59.31% $ 3,180,884 $ 20,142,790 $ 33,961,737 $ (1,401,189) $ (10,446,167) $ (19,380,925) 53.9091 (62,426) (516,154) (1,235,029) 41.79% (214,173) (1,285,369) (2,364,748) 54.367. (63,151) (252,577) (2,890,000) 8.74% 48.32% $ (1,740,940) $ (12,500,267) $ (25,870,702) $ 1,439,944 $ 7,642,523 $ 8,091,034 $ 1,526,456 $ 9,351,865 $ 15,703,154 59.55% - (169,966) (169,967) 0.00% (2,372,114) (14,732,582) (25,049,882) 58.81% $ (845,658) $ (5,550,683) $ (9,516,695) 58.33% $ 594,286 $ 2,091,840 $ (1,425,661) $ (2,124,075) 6,324,495 6,324,495 $ 6,292,260 $ 4,898,834