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HomeMy WebLinkAbout2018.06.05_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL Council Chambers, Old Central Building Jv O% 109 N Birch, Owasso, OK 74055 V� ,�' Regular Meeting 1. Call to Order Tuesday, June 5, 2018 - 6:30 pm p Mayor Chris Kelley ci�A 2. Invocation Pastor Doug Gregg of Lifepoint Baptist Church 3. Flag Salute 4. Roll Call 5. Presentation of the Character Trait of Positivity Heidi Meissner, Character Council Member 6. Consideration and appropriate action relating to a request for approval of the Consent Agenda. (All matters listed under "Consent" are considered 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 • May 15, 2018, Regular Meeting B. Approve claims C. Accept a land donation and authorize filing of a quit claim deed from the Phyllis J. Sokolosky Trust for a tract of land approximately 0.1496 acres located in the PRT BLK 37 BEG SWC LT 2 BLK 21 TH W86.48 SE CRV RT 76.17 E88.05 NW CRV LF 77.68 POB, Owasso Original Town, Tulsa County, Oklahoma D. Approve a Capital Improvement Agreement with the Tulsa County Board of County Commissioners relating to the disbursement of Excess Vision 2025 Sales Tax for the Owasso 761h Street North and Main Utility Relocation Project and authorize the Mayor to execute all necessary documents E. Authorize the Mayor to execute the Urban Engineering Agreements (Engineer's Agreements) for the following projects: • Kellogg Engineering, Inc., for sanitary sewer gravity lines, lift station and force main for Magnolia Ridge subdivision • Kellogg Engineering, Inc., for roadway paving, storm sewer, sanitary sewer, and drainage ways, sidewalks and driveway approaches for Hawthorne at Stone Canyon, Phase 1, subdivision • Kellogg Engineering, Inc., for sanitary sewer gravity lines for Morrow Gravity Sanitary Sewer Extension project • Kellogg Engineering, Inc., for roadways, water lines, sanitary sewer lines and drainage improvements for Abbott Farms Phase 11 • TEP, Inc., for grading, water (onsite and offsite), paving, storm sewer and sanitary sewer for Mingo Crossing subdivision • Arnold Consulting Engineering Services, Inc., for sidewalks, driveway approaches, and storm sewer and sanitary sewer for Kum and Go • Wallace Engineering, for driveway approaches and sidewalk for Morrow Elementary School • Crofton Tull & Associates, Inc., for sanitary sewer extension and drainage improvements for a replat of Lot 2, Block 1 of Garrett Creek Center Phase 11 subdivision • AAB Engineering, LLC, for streets, storm sewer and sanitary sewer for Presley Hollow subdivision Owosso City Council June 5, 2018 Page 2 7. Consideration and appropriate action relating to items removed from the Consent Agenda PUBLIC HEARING 8. The City Council will conduct a public hearing for the purpose of receiving citizen comments relating to the Proposed Budget for Fiscal Year 2018 -2019 Warren Lehr Linda Jones 9. Consideration and appropriate action relating to Ordinance 1130, amending Part 13, Public Safety, Chapter 1, Fire Prevention Code, Section 13 -102, Fire Department to Enforce Code, of the Owasso Code of Ordinances, authorizing the Fire Department to issue citations for certain code violations David Hurst Staff recommends approval of Ordinance 1130. 10. Consideration and appropriate action relating to a utility relocation agreement between the City of Owasso and Verdigris Valley Electric Cooperative, Incorporated for the E 106 St N and N 145 E Ave Intersection Improvement Project Dwayne Henderson Staff recommends authorization for the Mayor to execute the Agreement for Electrical Facilities Relocation between Verdigris Valley Electric Corporation and City of Owasso in an amount not to exceed $75,298.26 for the E 106 St N and N 145 E Ave Intersection Improvement Project. 11. Consideration and appropriate action relating to Employment Agreement between the City of Owasso and City Attorney, Julie Lombardi Michele Dempster The City Council will consider an employment agreement between the City of Owasso and the City Attorney, wherein the compensation and terms of the agreement are outlined. 12. Consideration and appropriate action relating to the Employment Agreement between the City of Owasso and City Manager, Warren Lehr Michele Dempster The City Council will consider ratification of the employment agreement between the City of Owasso and the City Manager, and approval of the First Amendment to the agreement, wherein the compensation is modified. 13. Consideration and appropriate action relating to a request for an executive session for purposes of discussing confidential communications between the City Council and the City Attorney concerning pending and impending litigation as provided for in Title 25, O.S. § 307(B)(4) Julie Lombardi 14. Report from City Manager • Monthly Public Works Project Status Report 15. Report from City Attorney 16. Report from City Councilors Owasso City Council June 5, 2018 Page 3 17. Official Notices to Council (documents for acknowledgment or information only, no discussion or action will be taken) • Payroll Payment Reports: - Pay Period Ending Date 5/12/18 - Pay Period Ending Date 5/26/18 • Health Care Self- Insurance Claims- dated as of 5/31/18 18. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 19. Adjournment Notice of Public Meeting filed in the office of the City Clerk and the Agenda posted at City Hail, 200 S Main St, at 6:00 pm on Friday, June 1, 2018. qureiaWnM. Stevens, it Clerk The City of Owasso encourages citizen participation. To request an accommodation due to a disability, contact the City Clerk at least 48 hours prior to the scheduled meeting by phone 918 - 376 -1502 or by email to istevens @cityofowasso.com OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, May 15, 2018 The Owasso City Council met in regular session on Tuesday, May 15, 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, May 11, 2018. 1. Call to Order Mayor Chris Kelley called the meeting to order at 6:30 pm. 2. Invocation The invocation was offered by Senior Pastor Linzy Slayden of Friendship Baptist Church. 3. Presentation of Colors by the Owasso Police Department Honor Guard National Anthem performed by Sergeant Jonathan Foyil 4. Roll Call Present Absent Mayor - Chris Kelley None Vice- Mayor- Bill Bush Councilor- Doug Bonebrake Councilor- Lyndell Dunn Councilor- Kelly Lewis A quorum was declared present. Staff: City Manager - Warren Lehr City Attorney - Julie Lombardi 5. Presentation of Proclamation Mayor Chris Kelley presented a proclamation declaring May 13, 2018 through May 19, 2018, as National Police Week and May 15, 2018, as National Peace Officers Memorial Day. . 6. Consideration and appropriate action relating to a request for approval of the Consent Agenda. (All matters listed under "Consent' are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes • May 1, 2018, Regular Meeting • May 8, 2018, Regular Meeting B. Approve claims C. Approve Normal Retirement benefits for Sherry Bishop D. Authorize the City Manager to execute Community Development Block Grant (CDBG) FY 2016 and 2017 Contract /Agreement Renewals extending their effective dates to June 30, 2019 for funding the Hale Acres Sewer Line Project E. Declare a 2002 Ford Explorer vehicle, VIN #1 FMZU73W92UB87055, as surplus to the needs of the City and made available for disposal via auction F. Approval of a budget amendment in the General Fund increasing estimated revenues and the appropriation for expenditures in the Community Center Department by $3,000 related to fees for Family and Youth program activities Mr. Bonebrake moved, seconded by Mr. Dunn to approve the Consent Agenda with claims totaling $867,290.83. Owasso City Council May 15, 2018 Page 2 YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 Consideration and appropriate action relating to items removed from the Consent Agenda None 8. Consideration and appropriate action relating to Ordinance 1129, approving annexation application OA 18 -02 and rezoning application OZ 18 -03, for property located at 10920 N Garnett Rd Morgan Pemberton presented the item recommending approval of Ordinance 1129, annexing property located at 10920 N Garnett Rd into the Owasso City Limits and rezoning the subject property from AG (Agriculture) to OM (Office Medium). There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn to approve Ordinance 1129, as recommended. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 9. Consideration and appropriate action relating to the purchase of a network data storage system through a State of Oklahoma contract vendor Teresa Willson presented the item recommending approval of the purchase and installation of a new NetApp data storage system by state contract vendor, Peak Uptime, in the amount of $88,479.63. There were no comments from the audience. After discussion, Mr. Bush moved, seconded by Mr. Bonebrake to approve the purchase and installation of NetApp data storage system, as recommended. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 10. Consideration and appropriate action relating to a budget amendment in the General Fund Teresa Willson presented the item recommending approval of a budget amendment in the General Fund, increasing the appropriation for expenditures in the Information Technology Department by $88,479.63 for the purchase of a network data storage system. There were no comments from the audience. Mr. Bush moved, seconded by Mr. Bonebrake to approve the budget amendment to increase the estimated revenue and increase the appropriation for expenditures, as recommended. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 11. Consideration and appropriate action relating to an agreement with the International Association of Firefighters Local #2789 (IAFF) Fiscal Year 2018 -2019 Michele Dempster presented the item recommending approval of the 2018 -19 agreement between the City of Owasso and the International Association of Firefighters (IAFF) Local #2789 and authorization for the Mayor to execute the agreement. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Ms. Lewis to approve the agreement, and authorize the Mayor to the agreement, as recommended. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 Owasso City Council May 15, 2018 Page 3 12. Consideration and appropriate action relating to Resolution 2018 -06, approving the incurrence of indebtedness by the Owasso Public Works Authority (the "Authority ") issuing its Sales Tax Revenue Note, Series 2018 (the "Note "); providing that the organizational document creating the Authority is subject to the provisions of the Note Indenture, authorizing the issuance of said note; waiving competitive bidding with respect to the sale of said note and approving the proceedings of the Authority pertaining to the sale of said note; ratifying and confirming a Sales Tax Agreement by and between the City of Owasso, Oklahoma (the "City ") and the Authority pertaining to the year -to -year pledge of certain sales tax revenues; establishing the City's reasonable expectation with respect to the issuance of tax - exempt obligations by or on behalf of said City in calendar year 2018, and designating the note as a qualified tax - exempt obligation; and containing other provisions relating thereto Linda Jones presented the item recommending approval of Resolution 2018 -06, authorizing the issuance of debt in the aggregate principal amount of $9,800,000 by the Owasso Public Works Authority. There were no comments from the audience. After discussion, Mr. Dunn moved, seconded by Mr. Bonebrake to approve Resolution 2018 -06, as recommended. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 13. Consideration and appropriate action relating to a budget amendment in the Capital Improvements Fund Linda Jones presented the item recommending a budget amendment in the Capital Improvements Fund, increasing the estimated revenue and the appropriation for expenditures by $9,800,000 (Sales Tax Revenue Note, Series 2018). There were no comments from the audience. After discussion, Mr. Bush moved, seconded by Mr. Bonebrake to approve the budget amendment to increase the estimated revenue and increase the appropriation for expenditures, as recommended. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 14. Consideration and appropriate action relating to a utility relocation agreement for the Central Park Channel Improvement Project Dwayne Henderson presented the item recommending authorization for the City Manager to execute the Agreement for Gas Facilities Relocation between Oklahoma Natural Gas Company and City of Owasso for the Central Park Channel, and authorization for the City Manager to terminate the agreement if revised estimates submitted by ONG become more than $168,036 prior to commencement of construction and if it is determined by the City Manager that the revised estimate no longer fits within the City budget. There were no comments from the audience. After discussion, Mr. Bush moved, seconded by Mr. Bonebrake to approve the agreement in the amount of $168,036 with Oklahoma Natural Gas Company, and authorize the City Manager to execute the agreement, as recommended. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 Owasso City Council May 15, 2018 Page 4 15. Consideration and appropriate action relating to a utility relocation agreement for the E 116th St North and N 129th E Ave Intersection Improvement Project Dwayne Henderson presented the item recommending approval of the Inter -local Agreement with Tulsa County Board of County Commissioners for utility relocations at the intersection of E l 16th St North and N 129th E Ave and authorization for the Mayor to execute the necessary documents. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Ms. Lewis to approve the agreement with Tulsa County Board of County Commissioners, and authorize the Mayor to execute the agreement, as recommended. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 16. Consideration and appropriate action relating to the award of a construction bid for the Hale Acres Sanitary Sewer Replacement Project (2017 Community Development Block Grant) Dwayne Henderson presented the item recommending the award of a construction contract, contingent on approval of Change Order No. 1 in Item #17, to Earth Smart Construction, Inc., in the amount of $474,267 and authorization for the Mayor to execute the necessary documents. There were no comments from the audience. After discussion, Mr. Dunn moved, seconded by Mr. Bush to award the bid to Earth Smart Construction, Inc., contingent on approval of Change Order No. 1 in Item #17, in the amount of $474,267, and authorize the Mayor to execute the contract, as recommended. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 17. Consideration and appropriate action relating to a change order in the construction contract for Hale Acres Sanitary Sewer Replacement Project (2017 Community Development Block Grant) Dwayne Henderson presented the item recommending approval of Change Order #1, reducing the amount of the contract with Earth Smart Construction to $313,312.50 and authorization for the Mayor to execute the necessary documents. There were no comments from the audience. After discussion, Mr. Bush moved, seconded by Mr. Dunn to approve Change Order #1 and authorize the Mayor to execute the necessary documents, as recommended. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 18. Consideration and appropriate action relating to a request for an executive session for the purpose of discussing personnel matters relating to the City Attorney and the City Manager as provided for in Title 25, O.S. § 307(8)(1) Mayor Chris Kelley presented the item, Mr. Bush moved, seconded by Mr. Bonebrake to enter into executive session. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 At 7:41 pm, the Council entered into executive session. At 8:03 pm, Warren Lehr entered into executive session. At 8:08 pm, Warren Lehr exited executive session. Owasso City Council May 15, 2018 Page 5 At 8:24 pm, Julie Lombardi entered into executive session At 8:30 pm, Julie Lombardi exited executive session. At 8:41 pm, Julie Lombardi entered executive session. At 8:46 pm, Julie Lombardi exited executive session. At 8:46 pm, Warren Lehr entered into executive session. At 8:56 pm, Warren Lehr exited executive session. At 9:02 pm, Warren Lehr entered into executive session. At 9:06 pm, Warren Lehr exited executive session. At 9:06 pm, the Council returned to open session 19. Report from City Manager Mr. Lehr reported on participation levels of various city sponsored events. 20. Report from City Attorney None 21. Report from City Councilors Mr. Kelley and Mr. Dunn reported on the annual Tulsa Regional D.C. Fly -In. Councilors offered their appreciation to the Owasso Police Department and Sgt. Foyil for their participation in opening the meeting. 22. Official Notices to Council (documents for acknowledgment or information only, no discussion or action will be taken) The Mayor acknowledged receipt of the following: • Payroll Payment Report - Pay Period Ending Date 4/28/18 • Health Care Self- Insurance Claims - dated as of 5/10/18 • Monthly Budget Status Report - April 2018 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 24. Adjournment Mr. Bush moved, seconded by Mr. Dunn to adjourn the meeting. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried 5 -0 and the meeting adjourned at 9:12 pm. Chris Kelley, Mayor Lisa Wilson, Minute Clerk Claims List - 6/5/2018 Fund Vendor Name Payable Description Payment Amount 01 GENERAL AEP /PSO ELECTRIC USE $193.37 ANNE K. KARN STERILIZATION SERVICES $225.00 AT &T CONSOLIDATED PHONE $27.74 JPMORGAN CHASE BANK AMAZON - SUPPLIES $39.97 JPMORGAN CHASE BANK LODGING EXPENSE $158.00 JPMORGAN CHASE BANK LOWES- SUPPLIES $10.28 JPMORGAN CHASE BANK SERENITY- CREMATION $300.00 JPMORGAN CHASE BANK SOUTHERN AG- SUPPLIES $91.73 JPMORGAN CHASE BANK TRAVEL EXPENSE $145.71 JPMORGAN CHASE BANK WALMART - SUPPLIES $223.44 JPMORGAN CHASE BANK WATERSTONE- CLEANING $47.10 GEN ANIMAL CONTROL -Total $1,462.34 AEP /PSO ELECTRIC USE $21.61 CLEAN UNIFORM COMPANY UNIFORM SERVICE $12.84 JPMORGAN CHASE BANK BROWN FARMS -SOD $223.00 SPOK, INC. PAGER USE $8.89 GEN CEMETERY -Total AEP /PSO ELECTRIC USE $266.34 JPMORGAN CHASE BANK LOWES- SUPPLIES $23,17 JPMORGAN CHASE BANK MAIL THIS - PRINTING $35.00 JPMORGAN CHASE BANK WALMART - REFUND ($2,97) JPMORGAN CHASE BANK WALMART - SUPPLIES $17.37 GEN COMM CTR DONATIONS -Total $72,57 AEP /PSO ELECTRIC USE $827.12 AT &T CONSOLIDATED PHONE $43.44 DRAKE SYSTEMS INC COPIER SERVICE $347.74 GEN COMMUNITY CENTER -Total $1,218.30 JPMORGAN CHASE BANK AMAZON - EQUIPMENT $222.36 JPMORGAN CHASE BANK DENVER GARAGE - PARKING $8.00 JPMORGAN CHASE BANK FEDEX- POSTAGE $10.06 JPMORGAN CHASE BANK ICC -EXAM FEE $209.00 JPMORGAN CHASE BANK LODGING EXPENSE $693.00 JPMORGAN CHASE BANK MEETING EXPENSE $49.75 JPMORGAN CHASE BANK REASORS- SUPPLIES $13.17 KENNETH LIVINGSTON MOWING $400.00 TREASURER PETTY CASH FILING FEE $26.00 GEN COMMUNITY DEVELOPMENT - Total $1,631.34 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $29.99 GEN CULTURE & RECREATION -Total $29.99 AEP IPSO ELECTRIC USE $96.02 AT &T CONSOLIDATED PHONE $15.71 0 Claims List - 6/5/2018 Fund Vendor Name Payable Description Payment Amount 01 GENERAL GEN EMERG PREPAREDNESS -Total AMAZON -BOOK $111.73 CLEAN UNIFORM COMPANY UNIFORM SERVICE $95.50 JPMORGAN CHASE BANK AMAZON -CASES $29,90 JPMORGAN CHASE BANK COW GOVT- EQUIPMENT $204.08 JPMORGAN CHASE BANK OK /AR ACPA - WORKSHOP $20.00 UNITED STATES CELLULAR CORPORATION PW CELL PHONES $36.49 GEN ENGINEERING -Total $585.97 JPMORGAN CHASE BANK AMAZON -BOOK $13.89 JPMORGAN CHASE BANK DLX- CHECKS $225.48 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $68.68 TREASURER PETTY CASH MILEAGE REIMB -JONES $156.96 TREASURER PETTY CASH MILEAGE REIMB -ROSS $6.54 GEN FINANCE -Total $471.55 AEP /PSO ELECTRIC USE $2,647.98 AT &T CONSOLIDATED PHONE $607.74 DAVID L. WEATHERFORD GENERAL MATTERS $540.00 DRAKE SYSTEMS INC COPIER SERVICES $412.59 IMPERIAL LLC COFFEE SERVICE $80.85 JPMORGAN CHASE BANK ADMIRAL EXP- SUPPLIES $55.98 JPMORGAN CHASE BANK ADMIRAL EXPRESS -SUPPL $55.98 JPMORGAN CHASE BANK AMERICAN WASTE - RENTAL $84.94 JPMORGAN CHASE BANK COW GOVT- HEADSET $236.03 NEWTON, O'CONNOR, TURNER & GENERAL MATTERS $137.50 KETCHUM RICOH USA, INC COPIER RENTAL $42127 RICOH USA, INC. COPIER SERVICE $138.82 GEN GENERAL GOVERNMENT -Total $5,419.68 AEP IPSO ELECTRIC USE $85.15 AT &T CONSOLIDATED PHONE $15.71 GEN HISTORICAL MUSEUM -Total $100.86 COMMUNITYCARE EAP EMPLOYEE ASSISTANCE $248.00 PROGR JPMORGAN CHASE BANK AMAZON- SUPPLIES $49.95 JPMORGAN CHASE BANK OWASSOISMS -AD $300.00 JPMORGAN CHASE BANK REASORS- SUPPLIES $7.64 JPMORGAN CHASE BANK WALMART- SUPPLIES $16.24 TULSA EMERGENCY MEDICAL CENTER. POST ACCDNT DRUG TEST $50.00 TULSA EMERGENCY MEDICAL CENTER PRE EMPLOY DRUG TEST $725.00 TULSA EMERGENCY MEDICAL CENTER RANDOM DRUG TEST $935.00 TULSA WORLD TULSA WORLD ADVERTSING $753.00 GEN HUMAN RESOURCES -Total $3,084.83 2 Claims List - 6/5/2018 Fund Vendor Name Payable Description Payment Amount 01 GENERAL AT &T CONSOLIDATED PHONE $22.72 JPMORGAN CHASE BANK AMAZON -DVR /DRIVE $115.40 JPMORGAN CHASE BANK AMAZON- EQUIPMENT $171.31 JPMORGAN CHASE BANK AMAZON -HARD DRIVES $394.40 JPMORGAN CHASE BANK AMAZON- REFUND ($60.99) JPMORGAN CHASE BANK AMAZON- SUPPLIES $30.77 JPMORGAN CHASE BANK ATWOODS- TUBING $3.49 JPMORGAN CHASE BANK CARD QUEST -CARDS $228.50 JPMORGAN CHASE BANK CDW GOVT - EQUIPMENT $2,427.20 JPMORGAN CHASE BANK CDW GOVT -STAND $91.50 JPMORGAN CHASE BANK COX - INTERNET $1,250.00 JPMORGAN CHASE BANK HOME DEPOT -DOOR STOP $11.94 JPMORGAN CHASE BANK LENOVO GROUP - COMPUTER $2,545.00 JPMORGAN CHASE BANK LENOVO- COMPUTERS $1,800.61 JPMORGAN CHASE BANK OFFICE DEPOT - PRESENTE $34.99 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $77.98 GEN INFORMATION TECH -Total $9,144.82 JPMORGAN CHASE BANK ADMIRAL EXP- SUPPLIES $17,97 . JPMORGAN CHASE BANK AMAZON - VARIDESK $450.00 GEN MANAGERIAL -Total $46797 JPMORGAN CHASE BANK OFFICE DEPOT - PRESENTE $34.99 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $8.43 LAW ENFORCEMENT SYSTEMS CITATION BOOKS $1,150.00 YOUTH SERVICES OF TULSA YOUTH SERVICES $4,125.00 GEN MUNICIPAL COURT • Total $5,318.42 AEP /PSO ELECTRIC USE $2,268.60 ANDREA SMITH PARKS JANITORIAL $1,410.00 AT &T CONSOLIDATED PHONE $24.06 CLEAN UNIFORM COMPANY PARKS UNIFORMS $144.10 JPMORGAN CHASE BANK ATWOODS -LOCKS $51.14 JPMORGAN CHASE BANK C &C SUPPLY - SUPPLIES $106.80 JPMORGAN CHASE BANK CORNERSTONE - CAUTION T $9.99 JPMORGAN CHASE BANK CORNERSTONE -KEYS $11.36 JPMORGAN CHASE BANK CORNERSTONE -PARTS $58.90 JPMORGAN CHASE BANK CORNERSTONE - REPAIR $14.79 JPMORGAN CHASE BANK CORNERSTONE -SAW CHAIN $29.99 JPMORGAN CHASE BANK CORNERSTONE- SUPPLIES $200.21 JPMORGAN CHASE BANK CORNERSTONE -WEED SPRA $79.98 JPMORGAN CHASE BANK FOUNTIAN -PARTS $281.19 JPMORGAN CHASE BANK LIBERTY FLAGS -FLAGS $488.00 JPMORGAN CHASE BANK LOCKE SUPPLY -PARTS $79.12 3 Claims List - 6/5/2018 Fund Vendor Name Payable Description Payment Amount 01 GENERAL JPMORGAN CHASE BANK LOWES - CONCRETE $34.79 JPMORGAN CHASE BANK LOWES -STEEL $106.06 JPMORGAN CHASE BANK LOWES- SUPPLIES $9.94 JPMORGAN CHASE BANK P &K EQUIP -OIL FILTER $8.64 JPMORGAN CHASE BANK QUIK SERVICES -STEEL $387.00 JPMORGAN CHASE BANK STANDARD SPLY- BLADES $62.67 ROGERS COUNTY RURAL WATER PARKS WATER SERVICE $298.83 DISTRICT OFFICE DEPOT - SUPPLIES $116.99 VERDIGRIS VALLEY ELECTRIC COOP PARKS ELECTRIC $68.27 WASHINGTON CO RURAL WATER DISTRICT WATER SERVICE MCCARTY $36.00 M & M MICRO SYSTEMS INC PAR $5,000.00 GEN PARKS -Total $6,270.43 TWIN CITIES READY MIX, INC CONCRETE $96.00 GEN PARKS PUB ART BENCHES -Total BROWN CO -PPE $96.00 AEP /PSO ELECTRIC USE $263.18 AT &T CONSOLIDATED PHONE $313.71 DEPARTMENT OF PUBLIC SAFETY OLETS $350.00 JPMORGAN CHASE BANK APCO- TRAINING $1,646.00 JPMORGAN CHASE BANK INTERSTATE- SUPPLIES $52.80 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $116.99 JPMORGAN CHASE BANK WATERSTONE- CLEANING $71.10 LANGUAGE LINE SERVICES TRANSLATION SVCS $41.07 M & M MICRO SYSTEMS INC ANNUAL SOFTWARE SUPPORT $5,000.00 TREASURER PETTY CASH NOTARY -ENOS $25.00 TREASURER PETTY CASH NOTARY - TAYLOR $10.00 GEN POLICE COMMUNICATIONS -Total $7,889,85 PUBLIC SAFETY CORPORATION CRYWOLF ALARM PROGRAM $2,643.23 GEN POLICE SERVICES -Total $2,643.23 CLEAN UNIFORM COMPANY UNIFORM SERVICE $36.94 JPMORGAN CHASE BANK BROWN CO -PPE $53.20 JPMORGAN CHASE BANK KUBOTA- SERVICE $537.17 JPMORGAN CHASE BANK LOWES- SUPPLIES $12.96 JPMORGAN CHASE BANK P &K -BELT $79.30 JPMORGAN CHASE BANK QUALITY TIRE - REPAIR $8.00 JPMORGAN CHASE BANK QUALITY TIRE-TIRE $84.50 JPMORGAN CHASE BANK RED WING -BOOTS $170.00 SPOK, INC. PAGER USE $57.34 GEN STORMWATER -Total $1,039.41 AT &T CONSOLIDATED PHONE $45.45 JPMORGAN CHASE BANK COX - INTERNET $69.95 JPMORGAN CHASE BANK FASTSIGNS- NAMEPLATES $20.00 4 Claims List - 6/5/2018 Fund Vendor Name Payable Description Payment Amount 01 GENERAL JPMORGAN CHASE BANK LOT A- PARKING $7.00 GEN SUPPORT SERVICES -Total GENERAL -Total $142.40 TREASURER PETTY CASH CC REFUND - BOSWELL $100.00 TREASURER PETTY CASH CC REFUND - CRYDER $100.00 TREASURER PETTY CASH CC REFUND - GOODSON $50.00 TREASURER PETTY CASH CC REFUND -GRACE CHURC $200.00 TREASURER PETTY CASH CC REFUND -GREEN $50.00 TREASURER PETTY CASH CC REFUND - HOLLOWAY $100.00 TREASURER PETTY CASH CC REFUND - KARGES $50.00 TREASURER PETTY CASH CC REFUND- KIRWIN $50.00 TREASURER PETTY CASH CC REFUND - KOLKER $100.00 TREASURER PETTY CASH CC REFUND - MCGUIRE $50.00 TREASURER PETTY CASH CC REFUND- PRICKETT $50.00 TREASURER PETTY CASH CC REFUND- RANKIN $50.00 TREASURER PETTY CASH CC REFUND - WHITENER $50.00 TREASURER PETTY CASH CC REFUND - WOODWARD $100.00 TREASURER PETTY CASH CC REFUND- WRIGHT $50.00 5 GENERAL -Total $1,150.00 JPMORGAN CHASE BANK OK/AR ACPA - WORKSHOP $20.00 STREETS -Total $20.00 GENERAL -Total $48,438.03 20 AMBULANCE SERVICE JPMORGAN CHASE BANK EXCELLANCE -PARTS $65.12 JPMORGAN CHASE BANK LODGING EXPENSE $1,620.00 JPMORGAN CHASE BANK RTD- TRANSPORTATION $54.00 JPMORGAN CHASE BANK TRAVEL EXPENSE $162.06 JPMORGAN CHASE BANK W &B SERVICE - REPAIR $436.20 MEDICLAIMS INC BILLING SERVICES $14,806.39 AMBULANCE -Total $17,143.77 AMERICAN MUNICIPAL SERVICES CORP. COLLECTION SERVICES $453.33 AMBULANCE SERVICE Total $453.33 AMBULANCE SERVICE -Total $17,597.10 21 E -911 INCOG -E911 E911 ADMIN SVC FEES $8,313.73 JPMORGAN CHASE BANK AT &T -E911 MAPPING FEE $355.35 E911 COMMUNICATIONS -Total $8,669.08 E -911 -Total $8,669.08 25 HOTEL TAX AEP(PSO ELECTRIC USE $21.77 BRANDON IRBY SERVICES $780.00 CHRIS KELLEY EXPENSE REIMBURSEMENT $532.68 JPMORGAN CHASE BANK TRAVEL EXPENSE $27,29 MARY P BOSCH RETAIL MARKET STUDY $400.00 5 Claims List - 6/5/2018 Fund Vendor Name Payable Description Payment Amount 25 HOTELTAX HOTEL TAX ECON DEV -Total $1,761.74 JPMORGAN CHASE BANK AMAZON -BOOK $13.89 JPMORGAN CHASE BANK AMERICAN WASTE - DISPOS $300.00 JPMORGAN CHASE BANK ANCHOR -PAINT $131.34 JPMORGAN CHASE BANK MEETING EXPENSE $33.89 STRONG NEIGHBORHOODS -Total $479,12 HOTELTAX -Total $2,240.86 27 STORMWATER MANAGEMENT MESHEK & ASSOCIATES, P.L.C. ENGINEERING SERVICES $597.30 SPORTS PRK DETENTION POND -Total $597.30 AEP /PSO ELECTRIC USE $382.17 CLEAN UNIFORM COMPANY UNIFORM SERVICE $60.95 DEPARTMENT OF ENVIRONMENTAL STORMWATER MS4 PERMIT $748.11 QUALITY FEE JPMORGAN CHASE BANK FREDPRYOR- TRAINING $99.00 JPMORGAN CHASE BANK WOOT INC.-REFUND ($90.00) JPMORGAN CHASE BANK WOOT- REFUND ($71.34) UNITED STATES CELLULAR CORPORATION PW CELL PHONES $36.49 STORMWATER- STORMWATER -Total $1,165.38 STORMWATER MANAGEMENT -Total $1,762,68 34 VISION TAX WALTER P MOORE AND ASSOCIATES ENGINEERING SERVICES - 11 $5,627.75 VSN RECAP 129TH TO 169 -Total $5,627.75 VISION TAX -Total $5,627.75 36 CAPITAL IMPROV GRANTS PDG, INC. VISION 2025 FEATURES SPLA $4,800.00 VSN 2025 FEATURE SPLASH -Total $4,800.00 CAPITAL IMPROV GRANTS -Total $4,800.00 37 SALES TAX FIRE AEP /PSO ELECTRIC USE $2,682.95 AT &T CONSOLIDATED PHONE $165.14 DALE & LEES SERVICE, INC AC REPLACEMENT $7,797.94 DALE & LEES SERVICE, INC HVAC REPAIR $309.00 JPMORGAN CHASE BANK ADVANCE AUTO -TOOLS $6.43 JPMORGAN CHASE BANK AMERICAN - BAGGAGE FEE $285.00 JPMORGAN CHASE BANK BEST BUY -HARD DRIVES $169.98 JPMORGAN CHASE BANK BIG POPPYS- UNIFORMS $68.00 JPMORGAN CHASE BANK BOUND TREE - SUPPLIES $224.14 JPMORGAN CHASE BANK BUMP213UMP -BOAT SPARK $63.20 JPMORGAN CHASE BANK CAPITAL WASTE- MEDICAL $100.00 JPMORGAN CHASE BANK DRY CLEANING - CLEANING $33.31 JPMORGAN CHASE BANK EBAY -FEES $117.95 JPMORGAN CHASE BANK EMTEC -PEST CONTROL $85.00 JPMORGAN CHASE BANK EXXONMOBIL -FUEL $27.42 C Claims List - 6/5/2018 Fund Vendor Name Payable Description Payment Amount 37 SALES TAX FIRE JPMORGAN CHASE BANK FULLERTON- OXYGEN $25.50 JPMORGAN CHASE BANK HENRY SCHEIN- SUPPLIES $943.63 JPMORGAN CHASE BANK HERTZ - RENTAL FEE $458.06 JPMORGAN CHASE BANK HOME DEPOT -WASH TUB $19.97 JPMORGAN CHASE BANK IMAGENET- COPIER FEE $440.17 JPMORGAN CHASE BANK INMAR GROUP -TOOLS $39.95 JPMORGAN CHASE BANK LIBERTY FLAGS- REPAIR $80.00 JPMORGAN CHASE BANK LODGING EXPENSE $1,616.13 JPMORGAN CHASE BANK LOWES -PARTS $22.88 JPMORGAN CHASE BANK LOWES -RAKE $26.98 JPMORGAN CHASE BANK LOWES- REPAIR $23,98 JPMORGAN CHASE BANK LOWES- SUPPLIES $10.47 JPMORGAN CHASE BANK MAIL THIS- SHIPPING $94.62 JPMORGAN CHASE BANK MYDER - TESTING $1,500.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $60.17 JPMORGAN CHASE BANK OK POLICE SUPPLY -UNIF $91.99 JPMORGAN CHASE BANK OREILLY -DEF FLUID $75.00 JPMORGAN CHASE BANK OREILLY- SUPPLIES $11.98 JPMORGAN CHASE BANK OVERHEAD DOOR - REPAIR $496.30 JPMORGAN CHASE BANK RBF FAB- EQUIPMENT $147.41 JPMORGAN CHASE BANK S ANESTHESIA - SUPPLIES $56.90 JPMORGAN CHASE BANK SAMS- SUPPLIES $188,17 JPMORGAN CHASE BANK SPECIAL OPS- UNIFORMS $1,014.93 JPMORGAN CHASE BANK TRAVEL EXPENSE $404.72 JPMORGAN CHASE BANK TRAVEL INS -INS FEE $36.00 JPMORGAN CHASE BANK UNITED - BAGGAGE FEE $200.00 SALES TAX FUND -FIRE -Total $20,221.37 SALES TAX FIRE - Total $20,221.37 38 SALES TAX POLICE AEP /PSO ELECTRIC USE $3,246.82 AT &T CONSOLIDATED PHONE $570.84 COLOSSUS, INC. ANNUAL LICENSE $1,791.55 DRAKE SYSTEMS INC COPIER LEASE $456.69 JPMORGAN CHASE BANK ACADEMY - SUPPLIES $69.99 JPMORGAN CHASE BANK ADVANCE AUTO- SUPPLIES $11.95 JPMORGAN CHASE BANK AMAZON - SUPPLIES $151.16 JPMORGAN CHASE BANK AMAZON - UNIFORM ITEMS $269.90 JPMORGAN CHASE BANK EXXONMOBIL -FUEL $51.25 JPMORGAN CHASE BANK FOSTERS - REPAIR $1,200.00 JPMORGAN CHASE BANK GREEN COUNTRY - REMOVAL $202.12 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $98.06 JPMORGAN CHASE BANK PETSMART -K9 ITEMS $16.99 7 Claims List - 6/5/2018 Fund Vendor Name Payable Description Payment Amount 38 SALES TAX POLICE JPMORGAN CHASE BANK RAYALLEN -K9 ITEMS $57.59 JPMORGAN CHASE BANK REEVES - UNIFORM ITEMS $16.46 JPMORGAN CHASE BANK SAMS- SUPPLIES $155.77 JPMORGAN CHASE BANK SOUTHERN AG -K9 FOOD $76.23 JPMORGAN CHASE BANK TRAFFIC SAFETY- SUPPLI $100.47 JPMORGAN CHASE BANK USPS- POSTAGE $14.11 JPMORGAN CHASE BANK WATERSTONE- CLEANING $1,379.30 MATHEW GOODELL TUITION REIMBURSEMENT $1,038.00 SPECIAL OPS UNIFORMS, INC UNIFORM ITEMS $53.96 SALES TAX FUND- POLICE -Total $11,029,21 SALES TAX POLICE - Total $11,029.21 39 SALES TAX STREETS AEP IPSO ELECTRIC USE $1,618.58 BERGKAMP INC FPS FLAMELESS PATCHER $102,126.00 CLEAN UNIFORM COMPANY UNIFORM SERVICE $196.61 JPMORGAN CHASE BANK ATWOODS -PARTS $12.99 JPMORGAN CHASE BANK ATWOODS -PPE $29.99 JPMORGAN CHASE BANK BLUELINE- RENTAL $1,903.90 JPMORGAN CHASE BANK BROWN CO -PINS $49.00 JPMORGAN CHASE BANK BROWN CO -PPE $53.20 JPMORGAN CHASE BANK HOME DEPOT -BITS $12,54 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $13.48 JPMORGAN CHASE BANK LOWES- CLAMPS $32.96 JPMORGAN CHASE BANK LOWES -FORM BOARD $14.12 JPMORGAN CHASE BANK LOWES- MATERIALS $54.90 JPMORGAN CHASE BANK LOWES- SUPPLIES $42.14 JPMORGAN CHASE BANK PMSI- SEALANT $39.60 JPMORGAN CHASE BANK QUIK SERVICES -PIPE $283.50 JPMORGAN CHASE BANK VANCE BROS -TACK OIL $51.50 JPMORGAN CHASE BANK WELSCO- MATERIALS $71.50 OWASSO TOP SOIL DIRT $110.00 SIGNALTEK INC TRAFFIC SIGNAL MAINTENANC $2,163.58 SPOK, INC. PAGER USE $116.07 TULSA EMERGENCY MEDICAL CENTER TESTING $133.00 TWIN CITIES READY MIX, INC CONCRETE $3,361.90 WILLIAM WALKINGSTICK TUITION REIMBURSEMENT - F $619.32 SALES TAX FUND-STREETS -Total $113,110.38 SALES TAX STREETS -Total $113,110.38 40 CAPITAL IMPROVEMENTS DOERNER, SAUNDERS, DANIEL & CONDEMNATION - DETHEROW $4,257.00 CI - E 76TH ST WIDENING -Total $4,257.00 ERGOFLEX SYSTEMS INC DISPATCH CONSOLES $60,469.00 JPMORGAN CHASE BANK SALSBURY- LOCKERS $629.74 I:i Fund Claims List - 6/5/2018 Vendor Name Payable Description Payment Amount 40 CAPITAL IMPROVEMENTS Cl - POLICE BLDG -Total $61,098.74 BUILDING & EARTH SCIENCES, INC PROFESSIONAL SERVICES $4,557.80 TIMBERLAKE CONSTRUCTION CO CONSTRUCTION SERVICES $598,280.31 CIP FIRE STATION #4 -Total WIRELESS SERVICE $602,838.11 BOBBY ALLEN DAVID C ROBERSON DOERNER, SAUNDERS, DANIEL & DOERNER, SAUNDERS, DANIEL & JAMES & BOBBY BAILEY 2ND FENCE RELOCATION PER APPRAISAL SERVICES DEEDS - E 116TH ST & N GA GARNETT WIDENING PROJECT 2ND FENCE RELOCATION $3,991.00 $2,400.00 $855.00 $576.00 $3,991.00 CIP GARN RD WIDE 106 -116 -Total AMERIFLEX -HOSES $11,813.00 JPMORGAN CHASE BANK BUY AUTO -PARTS $470.70 PUBLIC SAFETY VEH -FIRE -Total BEST CHOICE - WINSHIELD $470.70 _GRADE LINE CONSTRUCTION CONSTRUCTION SERVICES $114,018.04 SRVC RD 106 - 1161135TH -Total $114,018.04 CAPITAL IMPROVEMENTS -Total $794,495.59 70 CITY GARAGE AEP /PSO ELECTRIC USE $468.88 AT &T CONSOLIDATED PHONE $27.74 AT &T MOBILITY WIRELESS SERVICE $58.68 JPMORGAN CHASE BANK ADMIRAL EXP- SUPPLIES $4.31 JPMORGAN CHASE BANK AMERIFLEX -HOSES $128.40 JPMORGAN CHASE BANK AMERIFLEX -PARTS $69.75 JPMORGAN CHASE BANK BEST CHOICE - WINSHIELD $195.00 JPMORGAN CHASE BANK BUMP2BUMP -PART RESALE $2,189.38 JPMORGAN CHASE BANK GOODYEAR -TIRES $423.96 JPMORGAN CHASE BANK HESSELBEIN -TIRE $95,04 JPMORGAN CHASE BANK HESSELBEIN -TIRES $285.12 JPMORGAN CHASE BANK INLAND TRUCK -HOSE $68.16 JPMORGAN CHASE BANK LOWES- HINGES $11.01 JPMORGAN CHASE BANK TULSA AUTO - ALIGNMENT $100.00 CITY GARAGE -Total $4,125.43 CITY GARAGE -Total $4,125.43 76 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS $47,007,23 WORKERS' COMP SELF -INS -Total $47,007.23 WORKERS' COMP SELF -INS -Total $47,007.23 77 GENERAL LIABILITY - PROPERT JPMORGAN CHASE BANK BAXTERSTONE -TORT CLAI $800.00 JPMORGAN CHASE BANK FOSTERS - REPAIR $5,800.00 JPMORGAN CHASE BANK PRUITTS AUTO -TORT REP $1,891.09 NEWTON, O'CONNOR, TURNER & DENTON CIVIL RIGHTS $220.00 KETCHUM GEN LIAR -PROP SELF INS -Total $8,711.09 Claims List - 615/2018 Fund Vendor Name Payable Description Payment __. Amount 77 GENERAL LIABILITY - PROPERT • Total $8,711.09 City Grand Total §1,087,835.80 10 REAL Peopla •REAL Character• REAL Community TO: The Honorable Mayor and City Council City of Owasso FROM: Julie Trout Lombardi City Attorney SUBJECT: Quit Claim Deed DATE: June 1, 2018 BACKGROUND: Several months ago, staff was approached by D.M. Sokolosky regarding a parcel of land located on East 7611, Street North from the railroad tracks to Atlanta Street. Mr. Sokolosky had recently become aware that this parcel was still inadvertently owned by the Phyllis J. Sokolosky Trust, and he wished to convey the land to the City of Owasso. Staff surmises that the parcel is a remnant from the former First Bank of Owasso which previously occupied the property where City Hall is now located. Pursuant to Mr. Sokolosky's request, staff prepared a Quit Claim Deed conveying the property to the City of Owasso. The deed has been appropriately executed by the trustees of the Phyllis J. Sokolosky Trust. RECOMMENDATION: Staff recommends the City Council accept the attached Quit Claim deed and authorize filing of the same. ATTACHMENT: Quit Claim Deed from the Phyllis J. Sokolosky Trust QUIT CLAIM DEED THIS INDENTURE is now made on this day of May, 2018, by and between the PHYLLIS J. SOKOLOSKY TRUST, TULSA COUNTY, OKLAHOMA, "Grantor") and the City of Owasso, ( "Grantee "), an Oklahoma municipal corporation. WITNESSTH: That for and in consideration of the sum of Ten Dollars and No /100 ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, Grantor does, by these presents, grant, bargain, sell, convey and quitclaim to the Grantee, their successors and assigns, all of its rights, title and interest in and to the following described real estate and premises, and including all rights, title and interest in and to the airspace, light and view above the surface of the following described real estate, to -wit: A tract of land located in the PRT BLK 37 BEG SWC LT 2 BLK 21 TH W86.48 SE CRV RT 76.17 E88.05 NW CRV LF 77.68 POB, OWASSO - ORIGINAL TOWN, TULSA COUNTY, OKLAHOMA SECTION 30, TOWNSHIP 21, RANGE 14 PROPERTY ADDRESS: Portion'of E 76 ST N, OWASSO, OK 74055 together with all tenements, hereditaments and appurtenances thereto, belonging or in any wise appertaining forever. IN WITNESS WHEREOF, Grantor has executed, this instrument the day and year first above written. NO DOCUMENTARY STAMPS REQUIRED, 68 O.S. § 3202 (11) Return to: Julie Lombardi, City Attorney City of Owasso PO Box 180 Owasso, OK 74055 -0180 GRANTORS: Ph 1 is J. o solos cy, rustee (/ /j A��r_ D.M. Socolosky, Trustee State of Oklahoma ) ) ss County of Tulsa ) Before me, a Notary Public in and for this State, on this -32*ay of May, 2618, personally appeared Phyllis J. Sokolosky, Trustee, and D.M. Sokolosky, Trustee, to me known to be the identical persons that executed the within and foregoing instrument, and acknowledged to me that they executed the same as their free and voluntary act and deed for the uses and purposes therein set forth. WITNESS my hand and seal the day and year last above written. uh _ � 11151UAWM� �'e�aoa oo a( My commission expires: e= LO 12 Sok Land Donation 1" = 94 ft 02/01/2018 r Q`�'��'�� \_/ map represents a visual display of related geographic Information. Data provided hereon Is not a guarantee of actual field conditions. To be sure of complete accuracy, se contact Owasso staff for the most up4o -date information. 33M 925]3 DENNIS SEMLER TULSA COUNTY TREASURER 500 S. DENVER AVE., 3RD FL TULSA, OK 74103 -3840 918 - 596 -5071 TIN 73- 6006419 To view your tax account online, log on to www.treasurer.tuisacounty.org and select "Your Tax Account." 2017 REAL ESTATE TAX STATEMENT RAN . • ° • 61000 -14 -30 -01365 17 -01- 1455540 -064 -9 . P: 12019 PAGE 1 OF 1 SINGLE SOKOLOSKY, PHYLLIS J TRUST C/O PHYLLIS J & D M SOKOLOSKY TTEES PO BOX 8 OWASSO OK 74055 -0008 F01 Credit and debit cards are NOT accepted in the Treasurer's office. See instructions on back of statement for these payment types. ■ •- ■ 'e ■ ■ 01/19/18 $200 22 0 22 108.86 The County Treasurer does not determine the amount of your tax. Taxes are based upon property values and tax rates. Property values are based on fair'market value as determined by the County Assessor. Tax rates are set by the Excise Board and are based upon budgets submitted by taxing jurisdictions listed below. Payments are received and managed by the County Treasurer. ORIGINAL TAX AMOUNT INTEREST AT 1.5 PCT. PER MONTH AMOUNT DUE IF PAID BY 02115/18 IF YOU HAVE MAILED YOUR PAYMENT WITHIN THE PAST TWO WEEKS, PLEASE DISREGARD. LEGAL DESCRIPTION PRT BLK 37 BEG SWC LT 2 BLK 21 TH W86.48 SE CRV RT 76.17 E88.05 NW CRV LF 77.68 POB OWASSO - ORIGINAL TOWN PROPERTY ADDRESS: E 76 ST N $2.00 $.03 $2.03 TAX YEAR 2017 DISTRIBUTION OF YOUR AD VALOREM TAX DOLLARS FOR TAXING UNIT: OW -11A The County Treasurer distributes taxes among the schools, cities, City- County Library, City- County Health Department and county instead of each taxpayer paying separate amounts to these agencies. All of the money you pay to the County Treasurer stays within your community. The tax rate (sometimes referred to as "millage rate ") is based upon budgets submitted by these agencies, and includes the amounts necessary to oav bonded indebtedness approved by a vote of the people. Distribution of your ad valorem tax amount certified is as follows. Special assessments are distributed to the certifying entity. Health $0.05 Tulsa Technology Center $0.24 City School 4 -Mill $0.07 Tulsa Community College $0.13 County $0.19 School District $1.22 Emergency Medical Service Library $0.10 If paying in person, bring this statement. Cash, personal check, money order & cashier's checks are accepted in the Treasurer's office. Full Property Details : City of Owasso PROPERTY DETAIL Parcel #(APN): 61000143001365 Use Description: Parcel Status: Year Built Owner Name: SOKOLOSKY, PHILLIS J AND D M Mailing Addr. PHILLIS J SOKOLOSKY TRUST PO BOX 8, OWASSO. OK- 74055 Situs Addr. Land Value: Legal Description: PRT BLK 37 BEG SWC LT 2 BLK 21 TH W86.48 SE CRV RT 76.17 E88.05 NW CRV LF 77.68 1430 POB ASSESSMENT Lot Acres: 0.14960000 Year Built Total Value: 200.00 Use Code: Effective Yr.. Zoning: AG Land Value: 200.00 Tax Rate Area: 1430 Impr Type: Impr Value: 0.00 Year Assd: Pool: Price/Sglt 0.03 Other Value: 0.00000000 Property Tax 200.00000000 Baths (Half): %Improved: 0.00 Delinquent Yr. Bsmt SgFt: 0.00000000 Exempt Amt Construct: Exempt Codes: 0.00000000 Site Influence: SALE HISTORY Sale 1 Sale 2 Sale 3 Transfer Recording Dale: Ag Preserve: Condition: Recording Doc: 0.00000000 Rec. Doc Type: 0.00000000 Transfer Amount: Seller (Grantor): 1st Trst Dd Amt: Code 1: 2nd Trst Dd Amt: Code 2: PROPERTY CHARACTERISTICS: Lot Acres: 0.14960000 Year Built 0 Fireplace: Lot SgFt: 6517.00000000 Effective Yr.. 0 A/C: Bldg /Liv Area: Total Rooms: 0 Heating: Units: Bedrooms: Pool: Buildings: Baths ( Full ): 0.00000000 Flooring: Stories: 0.00000000 Baths (Half): Park Type: Style: Bsmt SgFt: 0.00000000 Spaces: Construct: Garage SgFt: 0.00000000 Site Influence: Quality: Other. Timber: Building Class: Other Rooms: Ag Preserve: Condition: "'The information provided here is deemed reliable, but is not guaranteed. REAL People •REAL Cbaracbr • REALCemmuniry TO: The Honorable Mayor and City Council City of Owasso FROM: Juliann M. Stevens City Clerk SUBJECT: Capital Improvements Agreement with Tulsa County for 76th Street North & Main Utility Relocation DATE: June 1, 2018 PROPOSED ACTION: A Capital Improvements Agreement (CIA) between the City of Owasso and the Tulsa Board of County Commissioners has been submitted for Council consideration. The agreement is for reimbursement in the amount of $157,056 for the 76th Street North and Main Street Utility Relocation project. BACKGROUND: As part of the Excess Vision 2025 Sales Tax package, the City of Owasso identified the 191h and Garnett Intersection Improvement project under Proposition 2 and was awarded $457,056. The reimbursement for construction of the intersection improvements totaled $300,000, leaving $157,056 to be allocated to other projects. In a Resolution dated November 2, 2016, the Tulsa County Vision Authority (TCVA) approved the allocation of $148,363 of the remaining Proposition 2 funds for the relocation of utilities at the intersection of 76th Street North and Main Street, leaving a balance of $8,693. In order to expend all funds allocated under Proposition 2, the City Council authorized staff to submit an application for the remaining $8,693 to be added to the $148,363, for a project reimbursement total of $157,056. In response to the city's application, Tulsa County has provided the City of Owasso with the required CIA for execution. RECOMMENDATION: Staff recommends Council authorization for the Mayor to execute the CIA between the City of Owasso and Tulsa County in order to receive the $157,056 as reimbursement for costs associated with the utility relocation project. ATTACHMENT: Capital Improvements Agreement - Owasso 76 Street North and Main Utility Relocation project 5 • k ' - TULSA COUNTY, OKLAHOMA and Dated , 2018 TABLE OF CONTENTS 1. DEFINITIONS ........................................................................................ I.I. ..............................2 " Advance" .......................................................................................... 1.2. ..............................2 "Application and Certificate for Payment" ....................................... 2 1.3. ............................... "Approved Budget" ........................................................................... ............................... 2 1.4. "Architect" ........................................................................................ 2 I.S. ............................... "Architect/Engineer Agreement " 1.6. ..................................................... ............................... "Authorization and Certificate of Program Manager" ...................... ............................... 2 2 1.7. "Authorization and Certificate of Project Manager" ......................... ............................... 2 1.8. "Bidding Documents" ....................................................................... 2 1.9. ............................... `Builder's Risk Insurance" ................................................................ ............................... 3 1.10. "Certificate of Completion" ........................................................... ............................... 3 1.11. "Change Orders" ............................................................................ ............................... 3 1.12. "Completion Date" ........................................................................ ............................... 3 1.13 "Construction Advance" ................................................................ ............................... 3 1.14. "Construction Advance Request".. ............................... ............... ............................... 3 1.15. "Construction Contracts" ............................................................... ............................... 3 1.16. "Construction Schedule" ............................................................... ............................... 3 1.17. "Contracting Party„ ....................................................................... 3 1.18. ............................... " Contractors" 1.19. .................................................................................. ..............................3 "Cost Construction" of .................................................................. ............................... 3 1.20. " County ........................................................................................... 1.21. ..............................4 " Depository ..................................................................................... ..............................4 1.22. "Engineer" ..................................................................................... ............................... 4 1.23. "Excess Sales Tax" ........................................................................ 4 1.24. ............................... "Governmental Approvals" ........................................................... ............................... 4 1.25. "Governmental Authority„ ............................................................ 4 1.26. ............................... "Goverrunent Requirements" ........................................................ ............................... 4 1.27. " Improvements" .............................................................................. ..............................4 1.28. "Land" ........................................................................................... 4 1.29. ............................... "Maximum Amount of Advances" ................................................ ............................... 4 1.30. "Non- Construction Advance Request' . .......................................... ............................... 4 1.31. "Non- Construction Advance" ........................................................ ............................... 4 1.32. "Opinion of Contracting Party's Counsel" .................................... ............................... 5 1.33. "Payment and Performance Bonds" .............................................. 5 1.34. ............................... " Plans" ............................................................................................ ..............................5 1.35. "Program Manager' . ....................................................................... ............................... 5 1.36. " Project ........................................................................................... ..............................5 137. "Project Manager" ......................................................................... 5 1.38. ............................... "Project Manager Agreement" ...................................................... 5 1.39 ............................... "Resolution" .................................................................................. ............................... 5 1.40. "Termination Event" ...................................................................... ............................... 5 1.40.1. Breach of Covenants .............................................................. ............................... 6 1.40.2. Representations and Warranties..... .......................................................... ............ 6 1.40.3. Insolvency . .................................................................... .......................... .............. 6 i 1Al. "Vision Authority > .......................................................................... ..............................6 1.42. "Vision Authority Resolution ....................................................... ............................... 2. 6 OBLIGATION OF BOARD TO MAKE ADVANCES ...................... ............................... 6 3. CONDITIONS PRECEDENT TO THE BOARD'S OBLIGATION TO MAKE THE INITIALADVANCE ............................................................................. 6 ............................... 4. CONDITIONS PRECEDENT TO BOARD'S OBLIGATION TO MAKE CONSTRUCTION ADVANCES 7 .......................................................... ...................:........... 5. CONDITIONS PRECEDENT TO BOARD'S OBLIGATION TO MAKE NON - CONSTRUCTION ADVANCES 8 .......................................................... ............................... 6. DISBURSEMENT PROCEDURE . .................................................................. I................ 6.1. Request for Construction Advance 1.9 ................................................... ............................... 6.2. Request for Non - Construction Advance 9 ........................................... ............................... 6.1 Board's Inspection 9 ........................................................................... ............................... 10 6.4. Disbursements ................................................................................... .............................10 6.5. Maximum Amount Advances of ..................................................... ............................... 10 6.6. Date after which Advances Cease ................................................... 10 ............................... 6.7. Advances Solely from Excess Sales Tax ........................................ ............................... 6.8. Advances Subject to Annual Appropriation .................................... ............................... 10 10 6.9. Subordination of Obligation to Make Advances ............................. ............................... 10 6.10. Construction Retainage ................................................................ ............................... 11 7. REPRESENTATIONS AND WARRANTIES OF CONTRACTING PARTY . ........... 11 7.1. Existence and Qualification ............................................................ ............................... 11 7.2. Authority, Approval and Enforceability .......................................... ............................... 11 7.3. No Violations .................................................................................. ............................... 12 7.4. Disclosure .......................................................................................... .............................12 7.5. Continuing Nature of Representations ............................................ ............................... 12 8. REPRESENTATIONS AND WARRANTIES OF BOARD .............. .............................12 8.1. Authority, Approval and Enforceability .......................................... ............................... 12 8.2. Disclosure .......................................................................................... .............................12 9. REMEDIES ............................................................................................ .............................12 9.1. Termination of Advances ................................................................ 12 ............................... 9.2. Waiver of Termination Event .......................................................... ............................... 12 9.3. Cumulative Remedies...... ............................................ ........................................... ..... 12 10. COMPLETION OF THE PROJECT .................................................. .............................13 11. INSURANCE .......................................................................................... .............................13 12. CHANGE ORDERS .............................................................................. .............................13 13. AUDIT ..................................................................................................... .............................13 14. COPIES OF FILED LIENS .................................................................. .............................13 15. GOVERNMENT REQUIREMENTS AND PUBLIC COMPETITIVE BIDDING ACT..................................................................................................... .............................13 16. CONSTRUCTION CONTRACTS ....................................................... .............................13 17. VISION 2025 SIGNAGE ....................................................................... .............................13 18. PAYMENT OF THE COSTS OF BONDS OR NOTES .................... .............................13 19. GENERAL CONDITIONS ................................................................... .............................14 19.1. Nonwaiver ..................................................................................... .............................14 19.2. The Board's Satisfaction ............................................................. ............................... 14 ii 19.3. 19.4. 19.5. 19.6. 19.7. 19.8. 19.9. 19.10. 19.11. 19.12, 19.13. 19.14. 19.15. 19.16. 19.17. Exhibit "A" Exhibit `B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F" Establishment of Facts .................. ............................... Relationship of Parties .................. ............................... Conditions for Exclusive Benefit of the Board........... Notices.......................................... ............................... Amendment; Waiver ..................... ............................... Rights and Remedies .................... ............................... GoverningLaw ............................. ............................... Third Party Beneficiary ................ ............................... Prohibition Against Assignment ... ............................... Entire Agreement ............................. Captions and Paragraph Headings... Time of Essence ................. ............................... BindingEffect .................... ............................... SeverabiIity........................ ............................... Invalidity of Provisions. ................................... 14 ............. 14 ............. 14 .............. ............................... 14 .............. ............................... 15 .............. ............................... 15 .............. ............................... 15 ........................15 ............. ............................... 16 ............... .............................16 ............... .............................16 ............. ............................... 16 ............................. .............................16 ........................... ............................... 16 ............................. .............................16 LIST OF EXHIBITS Description of Improvements Description of Land Authorization and Certificate of Program Manager Authorization and Certificate of Project Manager Construction Advance Request Non - Construction Advance Request iii CAPITAL IMPROVEMENTS AGREEMENT This CAPITAL IMPROVEMENTS AGREEMENT (the "Agreement') made and entered into this day of 2018, between the BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY, OKLAHOMA (the "Board ") and the CITY OF OWASSO, OKLAHOMA, a municipal corporation (the "Contracting Party"). RECITALS A. On July 7, 2003,. the Board adopted a Resolution (the "Resolution ") calling for a special election to levy and collect a sales tax to fund capital improvements for the purpose of economic development within Tulsa County, Oklahoma. B. On September 9, 2003, the duly qualified electors of Tulsa County, Oklahoma, did approve the levy and collection of such sales tax for the purposes set forth above. C. The Resolution provides that if the Board determines the projects listed within the Resolution will be completed with existing and projected funds and that excess funds generated from such sales tax (the "Excess Sales Tax ") will be available for additional projects, such Excess Sales Tax may be expended for capital improvements for economic development, and the Board, within its meeting on October 27, 2014, made such determination. D. Pursuant to and in accordance with the terms of the Resolution, Tulsa County Vision Authority, an Oklahoma public trust (the "Vision Authority") was created for the purpose, among others, to determine which additional projects shall be funded with the Excess Sales Tax. E. On November 2, 2016, and on June 6, 2018, the Vision Authority, pursuant to the Resolution, adopted resolutions, wherein it approved the funding from Excess Sales Tax of a total of ONE HUNDRED FIFTY -SEVEN THOUSAND FIFTY -SIX AND NO /100ths DOLLARS ($157,056.00) (the "Vision Authority Resolutions ") for the construction of capital improvements described within Exhibit "A" attached hereto (the "Improvements ") on land described within Exhibit "B" attached hereto (the "Land "). (The Improvements and the Land being hereinafter collectively referred to as the "Project'). F. The Contracting Party has requested the Board to make, pursuant to the Resolution and the Vision Authority Resolution, disbursements of Excess Sales Tax to the Contracting Party for the purpose of funding the costs of the construction of the Project (the "Advances "). In consideration of the foregoing and of the mutual covenants, conditions, and promises set forth herein and other good and valuable considerations, the receipt, sufficiency and validity of which are hereby acknowledged, the parties hereto agree to the following terms and conditions. AGREEMENT 1. DEFINITIONS. The following terms for all purposes of this Agreement have the following meanings. Unless the context otherwise indicates, words importing the singular shall include the plural and vice versa and the use of the neuter, masculine or feminine gender is for convenience only and shall be deemed to mean and include the neuter, masculine and feminine gender. 1.1. "Advance" shall mean any Construction Advances or Non - Construction Advances. 1.2. "Application and Certificate for Payment" means an application for payment in the form of American Institute of Architects Document G702, Application and Certificate for Payment, and American Institute of Architects Document G703, Continuation Sheets, showing by trade the cost of work on the Project and the cost of materials incorporated into the Improvements or stored on the Land, all to be stated in the Application and Certificate for Payment, which Application and Certificate for Payment shall be signed by the Contracting Party, the appropriate Contractor under the Construction Contracts and the Architect, Engineer or Project Manager and shall show the percentage of completion of each construction line item on the Approved Budget. 1.3. "Approved Budget" means a budget or cost schedule prepared by the Contracting Party in form and content satisfactory to the Board and specifying: (i) that portion, if any, of the cost of the Project to be paid by the Contracting Party with funds other than proceeds of the Excess Sales Tax, and (ii) the cost by item of all Costs of Construction in accordance with the Plans and all Government Requirements and estimating the dates on which the Contracting Party contemplates requiring Advances from the Board hereunder, as amended from time to time by the Contracting Party with the consent of the Board. 1.4. "Architect" means the architect(s) who execute the Architect/Engineer Agreement. 1.5. "Architect/Engineer Agreement" means the agreement between the Contracting Party and the Architect or Engineer regarding the Improvements. 1.6. "Authorization and Certificate of Program Manager" means the Authorization and Certificate of Program Manager signed by the Program Manager in the form and content set forth on Exhibit "C" hereto. 1.7. "Authorization and Certificate of Project Manager" means the Authorization and Certificate of Project Manager signed by the Architect, Engineer or Project Manager, as determined by the Board, in the form and content set forth on Exhibit "D" hereto. 1.8. "Bidding Documents" means the bid notices, instruction to bidders, plans and specifications, bidding forms, bidding instructions, general conditions, special conditions and QATC1A \Vis1on21125 SURPLUS \Owasso \Utility Relocation-76th St N\CityofUwass 76StN. UtilityRelocationREIMBURSEMENTA GR.doc all other written instruments prepared by or on behalf of the Contracting Party for use for prospective bidders on public construction contracts regarding the Improvements. 1.9. `Builder's Risk Insurance" means extended coverage insurance against loss or damage by fire, lightning, wind storm, hail, explosion, riot, vandalism, malicious mischief, riot attending a strike, civil commotion, aircraft, vehicles, smoke and other risks from time to time included under "extended coverage" policies, in an amount equal to 100% of the full replacement value of the Improvements. 1.10. "Certificate of Completion" means certificates satisfactory to the Board signed by the Contracting Party and the Architect, Engineer or Project Manager certifying that the construction, equipping and furnishing of the Improvements have been completed in accordance with the Plans and setting forth the date of such completion. 1.11. "Chance Orders" mean changes or modifications to any Construction Contract or any other contract with labor or material suppliers. 1.12. "Completion Date" means the date of completion of the acquisition, construction, equipping and furnishing of the Project, as that date shall be certified to the Board by the Contracting Party within the Certificate of Completion. 1.13 "Construction Advance" means any Advance for Costs of Construction which are properly payable to appropriate Contractors pursuant to the Construction Contracts. 1.14. "Construction Advance Request'' means a written request from the Contracting Party to the Board specifying the requested Construction Advance amount and the disbursement date and making certifications to the Board, all as more specifically set forth in the Construction Advance Request form, a copy of which is attached hereto as Exhibit T." 1.15. "Construction Contracts" means the agreements between the Contracting Party and the Contractors providing for the construction, equipping and famishing of the Project. 1.16. "Construction Schedule" means a schedule of the construction, equipping and furnishing of the Improvements from the commencement date of construction to the Completion Date, in form and content satisfactory to the Board, as amended from time to time by the Contracting Party with consent of the Board. 1.17. "Contracting Party" means the City of Owasso, Oklahoma. 1.18. "Contractors" means the contractors who execute Construction Contracts. 1.19. "Cost of Construction" means all costs of designing, acquiring, constructing, equipping and furnishing the Project, including, but not limited to, the cost of land or any interest in land, obligations incurred for labor and materials and to architects, project managers, contractors, builders and materialmen; the restoration or relocation of property 3 QATC1A \Vision2025 SURPLUS \Owasso \Utility Relocation-76th St MCityolOwasso- 76StN- UtilityRelocationREIMBURSaMENTAGR .doc damaged or destroyed in connection with the construction; and the cost of machinery, equipment or supplies purchased by the Contracting Party for inclusion as part of the Project. 1.20. "County" means Tulsa County, Oklahoma. 1.21. "Depository means BOKF, NA dba Bank of Oklahoma, Tulsa, Oklahoma, a national banking association, organized and existing under the laws of the United States of America, and its successors and any corporation resulting from or surviving any consolidation or merger to which it or its successors may be a party. 1.22. `Engineer" means the engineer(s) who execute the Architect/Engineer Agreement. 1.23. "Excess Sales Tax" has the meaning set forth within Paragraph C of the Recitals hereof. 1.24. "Governmental Approvals" means authorizations required by Governmental Authorities for the construction and operation of the Improvements contemplated by the Plans, including, without limitation, a copy of the building permit and zoning clearance issued by the city which has jurisdiction over the contemplated project, 1.25. "Governmental Authority" means the United States, the state, the County, the city or any other political subdivision in which the Land is located, and any other political subdivision, agency or instrumentality exercising jurisdiction over the Contracting Party or all or any portion of the Land. 1.26. "Government Requirements" means all laws, orders, decrees, ordinances, rules and regulations of any Governmental Authority. 1.27. "Improvements" means the Improvements described within Exhibit "A" attached hereto. 1.28. "Land" has the meaning set forth in Paragraph E of the Recitals hereof. 1.29. "Maximum Amount of Advances" means $157,056.00. 1.30. "Non- Construction Advance Request" means a written request from the Contracting Party to the Board specifying the requested Non - Construction Advance amount and the disbursement date and making certain certifications to the Board, all as more specifically set forth in the Non - Construction Advance Request form, a copy of which is attached hereto as Exhibit "F." 1.31. "Non- Construction Advance" means any Advance for the payment of Costs of Construction other than the costs and fees which are properly payable to the appropriate Contractors pursuant to the Construction Contracts. 0 QATCIAwision2025 SURPLUS \Owasso\Utflity Relocation -76th St Nl CityofUmsso- 76St N- UUlityReloeationREIMBURSEMENT AGR.doc 1.32. "Opinion of Contracting Party's Counsel" means an opinion from the Contracting Party's counsel addressed to the Board, which opinion shall be in form and content satisfactory to the Board and shall include, but not be limited to, the following (i) the Contracting Party has the authority and capacity to enter into this Agreement; (ii) this Agreement is a legal, valid and binding obligation against the Contracting Party, fully enforceable in accordance with its terms under applicable laws, except as the enforceability thereof may be limited by applicable bankruptcy, insolvency or other similar laws affecting the enforcement of creditors' rights generally and by general principles of equity; (iii) the Costs of Construction may be lawfully funded with the Excess Sales Tax; (iv) there are, to the Contracting Party's counsel's knowledge, no actions or proceedings pending or threatened in any court or governmental department or agency which would affect the validity of this Agreement or any of the instruments, documents or agreements delivered by the Contracting Party under the terms of this Agreement; (v) the Contracting Party has obtained all federal, state and local governmental approvals, licenses and permits necessary as of the date of the opinion to comply with any and all Governmental Requirements relating to the Land, the construction of the Improvements thereon and the occupancy thereof; (vi) such delivery and compliance by the Contracting Party with the terms of this Agreement do not, to the Contracting Party's counsel's best knowledge, conflict with or violate any agreement to which the Contracting Party is a party or is bound; and (vii) the Contracting Party is a duly organized and validly existing municipal corporation under the laws of the State of Oklahoma. 1.33. "Payment and Performance Bonds" means separate performance and labor and material payment bonds with respect to the Construction Contracts and in the full amount of Construction Contracts. 1.34. "Plans" means all detailed plans and specifications for the construction of the Improvements prepared by the Architect or Engineer, as amended from time to time by the Contracting Party with consent of the Board. 1.35. "Program Manager" means Program Management Group, L.L.C. 1.36. " Proiect" means the Improvements and the Land. 1.37. "Project Manager" means the project manager or construction manager who executes the Project Manager Agreement. 1.38. "Project Manager Agreement" means the agreement between the Contracting Party and the Project Manager regarding the Improvements. 1.39 "Resolution'' means the Resolution of the Board described within Paragraph A of the Recitals hereof. 1.40. "Termination Event" shall mean the occurrence of any of the following: QATC1A \Vision2025 SURPLUS\Owasso \Utility Relocation -76th St N1CityoR7wasso- 76StN- UtilityRclocationREIMBURSEMENT AGUm 1.40.1. Breach of Covenan ts. Failure by the Contracting Party in the punctual performance or observation of any covenant or agreement on its part in this Agreement, and such default shall have continued for a period of thirty (30) days after written notice thereof, specifying such default and requiring the same to be remedied, shall have been given to the Contracting Party by the Board. 1.40.2. Representations and Warranties. Any representation, statement, certificate, schedule or report made or furnished to the Board by the Contracting Party proves to be false or materially misleading at the time of the making thereof; or any warranty ceases to be complied with in any material respect, and Contracting Party fails to take or cause to be taken corrective measures satisfactory to the Board within thirty (30) business days after receipt of written notice from the Board relating to the particular Termination Event. 1.40.3. Insolvency. The Contracting Party shall (i) apply for or consent to the appointment of a receiver, trustee or a liquidator of the Contracting Party or its properties; (ii) admit in writing the inability to pay its debts a they mature; (iii) make a general assignment for the benefit of creditors; (iv) commence any proceeding relating to the bankruptcy, reorganization, liquidation, receivership, conservatorship, insolvency, readjustment of debt, dissolution or liquidation of the Contracting Party; or (v) becomes insolvent. 1.41. "Vision Authority" means Tulsa Vision Authority, an Oklahoma public trust. 1.42. "Vision Authority Resolution" has the meaning set forth within paragraph E of the Recitals hereof. 2. OBLIGATION OF BOARD TO MAKE ADVANCES. The Board shall cause its Depository to make Advances for the use and benefit of the Contracting Party for a portion of the costs of the design, acquisition, construction, equipping and furnishing of the Improvements described within Exhibit "A" hereto, subject to and in accordance with the terms and provisions of this Agreement; provided, however, the total amount of Advances shall not exceed the Maximum Amount of Advances. In the event the Contracting Party expends funds other than Advances hereunder in the acquisition, construction, equipping and furnishing of the Project, such expenditures shall not reduce the Contracting Party Amount or the aggregate amount of Advances available to the Contracting Party hereunder. 3. CONDITIONS PRECEDENT TO THE BOARD'S OBLIGATION TO MAKE THE INITIAL ADVANCE. It is expressly agreed that the Board shall not be obligated to make the initial Advance hereunder until the following conditions have been satisfied, unless waived by the Board at its sole discretion. In the event the Board elects to waive any requirements or conditions contemplated herein with regard to the initial Advance, such waiver shall not preclude the Board from thereafter requiring full and complete performance of all terms, conditions and requirements with regard to any subsequent Advance. 3.1. The Board has received the following documents: QATC1A1Vision2025 SURPLUS \OwassolUtility Relocation -76th St N1CityotDwasso- 76StN- UtilityRelocationREIMBURSEMENTAGRdoe 3.1.1. Approved Budget; 3.1.2. Written detailed description of the Project; 3.1.3. Construction Schedule; 3.1.4. Opinion of Contracting Party's Counsel; 3.1.5. Copy of Project Manager Agreement, if any; 3.1.6. Copies of all other then- existing agreements executed by the Contracting Party in connection with the acquisition, construction, equipping and furnishing of the Project; 3.1.7. Such other documents, certificates and instruments in connection with the Project, in form and substance satisfactory to the Board or its Program Manager as the Board or its Program Manager may reasonably request. 3.2. The representations and warranties set forth within Section 7 hereof shall be true and correct on and as of the date of the initial Advance with the effect as if made on such date. 3.3. No Termination Event exists under this Agreement. 4. CONDITIONS PRECEDENT TO BOARD'S OBLIGATION TO MAKE CONSTRUCTION ADVANCES. It is expressly agreed that the Board's obligation to make any Construction Advance shall be subject to satisfaction of the following conditions, unless waived by the Board at its sole discretion. In the event the Board elects to waive any requirements or conditions contemplated herein with regard to any such Construction Advance, such waiver shall not preclude the Board from thereafter requiring full and complete performance of all terms, conditions and requirements with regard to any subsequent Advance. 4.1 All conditions for all previous Advances must be satisfied or expressly waived in writing by the Board as of the date of the pending Construction Advance. 4.2 The Board has received the following documents: 4.2.1. Copy of Architect/Engineer Agreement, if any; 4.2.2. Plans; 4.2.3. Copy of all Construction Contracts; 4.2.4. Copy of all Governmental Approvals; 4.2.5. All amendments to documents previously delivered to the Board by the Contracting Party hereunder; and QATCIA \Vision2025 SURPLUS\Owasso\Utility Relocation -76th St N\ CityotDwasso- 76S tN •UtilityRelocationREIMBURSEMENT AGRdoc 4.2.6. Copy of all insurance policies required by Section 11 hereof or certificates that such insurance is in full force and effect; 4.2.7 Copy of Payment and Performance Bonds; 4.2.8. Copy of all Bidding Documents; 4.2.9. Copies of all then - existing agreements executed by the Contracting Party in connection with the acquisition, construction, equipping and furnishing of the Project, not previously submitted to the Board; 4.2.10. Such other documents, certificates and instruments in connection with the Project, in form and substance satisfactory to the Board or its Program Manager as the Board or its Program Manager may reasonably request. 4.3. The Construction Advance complies and is in accordance with the Approved Budget. 4.4 The representations and warranties set forth within Section 7 hereof shall be true and correct on and as of the date of the pending Construction Advance with the effect as if made on such date. 4.5 No Termination Event exists under this Agreement. 5. CONDITIONS PRECEDENT TO BOARD'S OBLIGATION TO MAKE NON - CONSTRUCTION ADVANCES. It is expressly agreed that the Board's obligation to make any Non - Construction Advance shall be subject to satisfaction of the following conditions, unless waived by the Board at its sole discretion. In the event the Board elects to waive any requirements or conditions contemplated herein with regard to any such Non - Construction Advance, such waiver shall not preclude the Board from thereafter requiring full and complete performance of all terms, conditions and requirements with regard to any subsequent Advance. 5.1. All conditions for all previous Advances must be satisfied or expressly waived in writing by the Board as of the date of the pending Non - Construction Advance. 5.2. The Board has received the following documents. 5.2.1. All amendments to documents previously delivered to the Board by the Contracting Party hereunder; and 5.2.2. Such other documents, certificates and instruments in connection with the Project, in form and substance satisfactory to the Board or its Program Manager as the Board or its Program Manager may reasonably request. QATCIAMsion=5 SURPLUSIOwasso \Ulility Relocation -76th St N\Ciryol 0wasso- 76StN- UtilityRelmationREIMBURSEMENT AGRAn Budget. 5.3. The Non - Construction Advance complies and is in accordance with the Approved 5.4. The representations and warranties set forth within Section 7 hereof shall be true and correct on and as of the date of the pending Non - Construction Advance with the effect as if made on such date. 5.5. No Termination Event exists under this Agreement. 6. DISBURSEMENT PROCEDURE. Subject to compliance by the Contracting Party with all the terms, provisions and conditions of this Agreement, including, but not limited to, the conditions precedent set forth within Sections 3, 4 and 5 hereof, the Board will cause its Depository to disburse sums to the Contracting Party, or to the appropriate payee, for the purpose of paying Costs of Construction items specified in the Approved Budget, in accordance with the following procedures: 6.1. Request for Construction Advance. Not less than fifteen (15) business days before the date on which the Contracting Party desires a Construction Advance, but not more frequently than monthly, the Contracting Party shall submit to the Board a Construction Advance Request, which shall be accompanied by the following: 6.1.1. Application and Certificate for Payment dated as of the date of the Request for Advance; 6.1.2. Billing statements, vouchers and invoices, in form and content satisfactory to the Board, with regard to items that are the subject of the Construction Advance Request; 6.1.3. If the Construction Advance is for the purpose of reimbursing the Contracting Party for Costs of Construction previously paid by the Contracting Party, evidence satisfactory to the Board of such prior payment; 6.1.4. If requested by the Board, appropriate waivers of lien rights, in form and content satisfactory to the Board and its legal counsel, executed and acknowledged by all Contractors, sub - contractors, laborers and materialmen who have furnished labor or materials relating to the Improvements; 6.1.5. Authorization and Certification of Project Manager. 6.2. Reouest for Non - Construction Advance. Not less than fifteen (15) business days before the date on which the Contracting Party desires a Non - Construction Advance, but not more frequently than monthly, the Contracting Party shall submit to the Board a Non - Construction Advance Request, which shall be accompanied by the following: QATC1A \Vision2025 SURPLUS \Owasso \Utility Relocation -76th St N \Ciryot0w asso- 76SiN- UtilityRclocationREIMBURSEMENT AGR.doc 6.2.1. Billing statements, vouchers and invoices, in form and content satisfactory to the Board, with regard to items that are subject of the Non - Construction Advance Request; 6.2.2. If the Non - Construction Advance is for the purpose of reimbursing the Contracting Party for Costs of Construction previously paid by the Contracting Party, evidence satisfactory to the Board of such prior payment. 6.3. Board's Inspection. If, for any reason, the Board or its Program Manager deems it necessary to cause the Project to be examined by the Program Manager prior to making any Advance, it shall have a reasonable time within which to do so. The Board and its Program Manager shall have the right, upon reasonable prior notice, to enter the Project at all reasonable times for the purpose of examining and inspecting the Project. The Board and its Program Manager shall also have the right at all reasonable times to examine the books and records of the Contracting Party regarding the Project. 6.4. Disbursements. Upon receipt by the Board of the items required by Sections 3, 4, 5, 6.1 and 6.2 hereof, or as soon thereafter as all conditions precedent to the requested Advance have been satisfactorily met, including delivery to the Board of an Authorization and Certificate of Program Manager, the Board shall cause its Depository to disburse to the Contracting Party, or to the appropriate payee, for Costs of Construction the amount of the requested Advance. 6.5. Maximum Amount of Advances. The total amount of all Advances under this Agreement shall not exceed the Maximum Amount of Advances. 6.6. Date after which Advances Cease. Notwithstanding anything herein to the contrary, the Board shall have no duty to make or cause the making of Advances hereunder to the Contracting Party after June 1, 2019. 6.7. Advances Solely from Excess Sales Tax. All Advances hereunder shall be made by the Board solely from Excess Sales Tax proceeds. 6.8. Advances Subiect to Annual Appropriation. It is hereby acknowledged that under applicable Oklahoma law, the Board may not become obligated beyond its fiscal year (July I through June 30), and therefore, the covenants made herein by the Board shall be on a year -to- year basis. The Board's obligation to make Advances is subject to the availability of funds and annual appropriations thereof by the Board. 6.9. Subordination of Obligation to Make Advances. The Board's obligation to make Advances is fully subordinate to the Board's obligation to make payments of the sales tax proceeds pursuant to projects agreements between the Board and the Tulsa County Industrial Authority securing the payment of bonds issued by such Authority. 10 Q: \TCIA \Vision2025 SURPLUS \Owasso \Utility Relocation -76th St N\ CityolUwasso- 76StN- UtilityRelocalionRE1MBURSEMENT AGR .doe 6.10. Construction Retainage. An amount equal to five percent (5 %) of the Maximum Amount of Advances shall be retained by the Board. Such Retainage shall be disbursed upon completion of the construction, equipping and furnishing of the improvements, provided: 6.10.1. A Construction Advance Request shall have been submitted to the Board with respect to such retainage; 6.I0.2. A Certificate of Completion shall have been submitted to the Board, accompanied by a certificate of occupancy for the Improvements and such other written evidence reasonably required by the Board of the approval of the municipality where the Improvements are located, reflecting that the Improvements in their entirety are available for permanent occupancy; 6.10.3 The written consent of the sureties named within the Payment and Performance Bonds shall have been submitted to the Board. 6.10.4, The Board has received appropriate waivers of lien rights, in form and content.satisfactory to the Board and its legal counsel, executed and acknowledged by all Contractors, sub - contractors, laborers and materialmen who have furnished labor or materials relating to the Improvements; 6.10.5. The Contracting Party has complied with all the terms, provisions and conditions of this Agreement; including, but not limited to the conditions precedent and procedures set forth within Sections 3, 4, 5 and 6 hereof; 6.10.6. The representations and warranties set forth within Sections 5, 7 and 8 hereof shall be true and correct on the date of disbursement of such retainage; and 6.10.7. No Termination Event exists under the Agreement. 7. REPRESENTATIONS AND WARRANTIES OF CONTRACTING PARTY. The Contracting Party represents and warrants to, and covenants with the Board as follows: 7.1. Existence and Oualification. The Contracting Party is an Oklahoma municipality, validly existing and in good standing under the laws of the State of Oklahoma, and the Contracting Party has all requisite power and authority to own, operate and lease its properties and to carry on its business as presently conducted. 7.2. Authority, Approval and Enforceability. The Contracting Party has all requisite power and authority to execute and deliver this Agreement and to perform its obligations under this Agreement. This Agreement has been duly executed and delivered on behalf of the Contracting Party and constitutes the legal, valid and binding obligation of the Contracting Party. 11 Q: \TC1A \Vision2025 SURPLUS \Owasso \Utility Relocation -76th St N1 Cityof0wasso- 76St N- UtilityRelocationREIMBURSEMENT AGR,doc 7.3. No Violations. Based upon a reasonable investigation, there exist no violations of any statutes, rules, orders, ordinances, regulations or requirements of any Governmental Authorities with respect to the Land, and the anticipated use thereof complies with all applicable statutes, rules, ordinances, regulations or requirements (including, without limitation, zoning, environmental, ecological, landmark and all other applicable categories) affecting the Land. 7.4. Disclosure. The representations and warranties made to the Board by the Contracting Party contain no untrue statements of material facts, and the Contracting Party has not intentionally omitted to disclose any material fact. 7.5. Continuing Nature of Representations. Each of the representations and warranties set forth herein will be true on the date of each Advance hereunder, and the acceptance of any Advance hereunder by the Contracting Party shall be deemed to be a reaffirmation of each and every one of said representations and warranties. 8. REPRESENTATIONS AND WARRANTIES OF BOARD. The Board hereby represents and warrants to, and covenants with the Contracting Party as follows: 8.1. Authority Approval and Enforceability. The Board has all requisite power and authority to execute and deliver this Agreement and to perform its obligations under this Agreement. This Agreement has been executed and delivered on behalf of the Board and constitutes a legal and binding obligation of the Board, enforceable against the Board in accordance with its terms. 8.2. Disclosure. The representations and warranties made to the Contracting Party by the Board contain no untrue statement of material fact and the Board has not intentionally omitted to disclose any material fact. 9. REMEDIES. Upon the occurrence of a Termination Event, the Board may, at its option: 9.1. Termination of Advances. Terminate the making of Advances. 9.2. Waiver of Termination Event. The Board may, at its option, by an instrument in writing signed by the Board, waive any Termination Event which shall have occurred and any consequences of such Termination Event and, in such event, the Contracting Party and the Board shall be restored to their former respective rights and obligations hereunder. Any Termination Event so waived shall, for purposes of this Agreement, be deemed to have been cured and not to be continuing; but no such waiver shall extend to any subsequent or other Termination Event or impair any consequence of such subsequent or other Termination Event or any of the Board's rights relating thereto. 93. Cumulative Remedies. The remedies herein provided shall be in addition to and not in substitution for the rights and remedies which would otherwise be vested in the Board in law or equity, all of which rights and remedies are specifically reserved by the Board. The remedies herein provided or otherwise available to the Board shall be cumulative and may be exercised concurrently. The failure to exercise any of the remedies herein provided shall not 12 QATCIA\Vision2025 SURPLUSIOwassotUlility Relocation -761h StN\ Cityol0wasso- 76StN- UtilityRelocationREN9BURSEMENT AGR.doc constitute a waiver thereof, nor shall use of any of the remedies hereby provided prevent the subsequent or concurrent resort to any other remedy or remedies which by this Agreement or by law or equity shall be vested in the Board. As a condition to any Advance after a Termination Event, the Board may require the completion of the Project by methods and in a manner satisfactory to the Board. 10. COMPLETION OF THE PROJECT. The Contracting Party shall complete the construction, equipping and furnishing of the Improvements in accordance with the Plans and submit to the Board a Certificate of Completion on or before June 1, 2019. 11. INSURANCE. The Contracting Party shall, at all times during the construction of the Improvements, maintain or cause the Contractors to maintain in full force and effect Builder's Risk Insurance. In addition, the Contracting Party shall cause the Contractors at all times during the construction of the Project to maintain general liability insurance in an amount reasonably required by the Board and shall cause the Contractors to maintain worker's compensation insurance as required by law. 12. CHANGE ORDERS. The Contracting Party shall deliver to the Board copies of all Change Orders within five (5) business days after the respective dates thereof. 13. AUDIT. The Board shall have the right at all reasonable times during regular business hours to audit or cause the audit of the books and records of the Contracting Party pertaining to the acquisition, construction, equipping and furnishing of the Project and to audit or cause the audit of the administration of the acquisition, construction, equipping and furnishing of the Project. 14, COPIES OF FILED LIENS. The Contracting Party shall deliver to the Board copies of all mechanics', materialmen's or laborers' liens filed against the Improvements or the Land, within five (5) days after the Contracting Party's knowledge thereof. 15. GOVERNMENT REQUIREMENTS AND PUBLIC COMPETITIVE BIDDING ACT. The Contracting Party shall construct the Improvements in accordance with all applicable Government Requirements and shall, in connection therewith, comply with the Oklahoma Public Competitive Bidding Act of 1974 and any amendments thereto. 16. CONSTRUCTION CONTRACTS. The Contracting Party shall at all times comply with the terms and provisions of the Construction Contracts. 17. VISION 2025 SIGNAGE' The Board shall, at all times prior to July 1, 2017, have the right to place a sign or signs upon the Project identifying the Project as a Project funded by Vision 2025 Sales Tax. Such sign or signs and the location thereof shall be subject to the approval of the Contracting Party, which approval shall not be unreasonably withheld or delayed. 18. PAYMENT OF THE COSTS OF BONDS OR NOTES. Pursuant to the Resolution and other resolutions of the Board dated July 7, 2003,. the Board has determined that excess funds generated from sales tax totaling $45,500,000.00 (the "Total Excess Sales Tax ") will be available 13 Q: \TCIA \Vision2025 SURPLUMOwasso\Utility Relocation -761h St N\ Cityof0wasso- 76StN •UtilityRelocationRENBURSEMENT AGR.doc for the funding of additional projects (including the Project). In the event the Tulsa County Industrial Authority (the "Authority ") issues bonds or notes payable from the Total Excess Sales Tax for the purpose of funding any such additional projects, the Contracting Party shall pay to the Authority its proportionate share (.345 %) of (i) the costs of the issuance of such bonds or notes and (ii) the interest accruing on such bonds or notes. The proportionate share of such costs of issuance shall be payable by the Contracting Party on the date of the issuance of such bonds or notes, and the proportionate share of the interest accruing on such bonds or notes shall be payable by the Contracting Party on the dates interest is due thereon. It is hereby acknowledged that under applicable Oklahoma law, the Contracting Party may not become obligated beyond its fiscal year (July I through June 30), and therefore, such payment obligations of the Contracting Party shall be on a year -to -year basis, The Contracting Party's obligation to make such payments is subject to the availability of funds and annual appropriations thereof by the Contracting Party. 19. GENERAL CONDITIONS. The following conditions shall be applicable throughout the term of this Agreement. 19.1. Nonwaiver. No Advance hereunder shall constitute a waiver of any of the conditions of the Board's obligation to make further Advances, nor, in the event the Contracting Party is unable to satisfy any such condition, shall any such waiver have the effect of precluding the Board from thereafter declaring such inability to be a Termination Event as hereinabove provided. 19.2. The Board's Satisfaction. All proceedings taken in connection with the transactions provided for herein and all documents required or contemplated by this Agreement must be reasonably satisfactory to the Board. 19.3. Establishment of Facts. If any condition of this Agreement requires the submission of evidence of the existence or nonexistence of a specified fact or facts or implies as a condition the existence or nonexistence, as the case may be, of such fact or facts, the Board shall, at all times, be free to independently establish to its satisfaction and in its absolute discretion such existence or nonexistence. 19.4. Relationship of Parties. The Board is neither a partner nor joint venturer with the Contracting Party or any other party in connection with the Project. The Board shall not in any way be liable or responsible by reason of the provisions hereof, or otherwise, for the payment of any claims growing out of the construction of the Improvements or the Land. 19.5. Conditions for Exclusive Benefit of the Board. All conditions of the obligations of the Board to make Advances hereunder are imposed solely and exclusively for the benefit of the Board and its assigns, and no other person shall have standing to require satisfaction of such conditions in accordance with their terms and no other person shall, under any circumstances, be deemed to be beneficiary of such conditions. 19.6. Notices. Any notice, request, complaint, demand, communication or other paper shall be sufficiently given and shall be deemed given when delivered or mailed by registered or certified mail, postage prepaid or sent by telegram, addressed as follows: 14 Q: \TCIA%Vision2025 SURPLUS\owasso \Utility Relocation -76th St N\ Cit yof0wasso- 76StN- UtitiTyRelocationREIMBURSEMENT AGR.doc Tulsa County: Board of County Commissioners 500 South Denver Tulsa OK 74103 Attn: Chairman Contracting Party: City of Owasso, Oklahoma 111 N. Main Street Owasso OK 74055 Attn: City Manager The parties hereto may designate any further or different addresses to which subsequent notices, certificates or other communications shall be sent. The above addresses may be changed at any time upon written notice of such change sent by United States mail, postage prepaid to the other parties by the party effecting the change. 19.7. Amendment: Waiver. This Agreement may not be amended, modified, waived, discharged or terminated in any way, except by an instrument in writing executed by all parties hereto; PROVIDED, HOWEVER, the Board may, in writing: (i) extend the time for performance of any of the obligations of the Contracting Party; (ii) waive any Termination Event by the Contracting Party; and (iii) waive the satisfaction of any condition that is precedent to the performance of the Board's obligations under this Agreement. In the event of a waiver of a Termination Event by the Board, such specific Termination Event shall be deemed to have been cured and not continuing, but no such waiver shall extend to any subsequent or other Termination Event or impair any consequence of such subsequent or other Termination Event. 19.8. Rights and Remedies. In the event of a breach of any of the covenants or agreements hereof by a party hereto, the other parties hereto shall be entitled to enforce and exercise all options, rights and remedies, jointly or in the alternative, provided by the Agreement, law or equity. 19.9. Governing Law. This Agreement shall be deemed to be a contract made under the laws of the State of Oklahoma and shall be construed by and governed in accordance with the laws of the State of Oklahoma. 19.10. Third Party Beneficiary. Nothing in this Agreement, express or implied, is intended to confer upon any person other than the parties hereto, and their respective successors and assigns, any rights or remedies under or by reason of this Agreement. 15 QATC1A \Vision2025 SURPLUS\Ownso \Utility Relocation -76th St N\ Cityof0wass0- 76StN- UtilityRelocationREIMBURSEMENT AGR.doc 19.11. Prohibition Against Assignment. The Contracting Party shall not assign or transfer voluntarily or by operation of law or otherwise dispose of this Agreement or any rights hereunder, or any monies, property or funds deposited with the Board. An assignment or transfer in violation of this provision shall be invalid, and an assignment or transfer by operation of law shall be deemed to be an invalid transfer. 19.12. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto, with any and all prior agreements and understandings being merged herein. 19.13. Captions and Paragraph Headings. The captions and paragraph headings contained herein are included for convenience only and shall not be construed or considered a part hereof nor affect in any manner the construction or interpretation hereof 19.14. Time of Essence. Time is of the essence of this Agreement. 19.15. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. 19.16. Severability. Should any clause or provision of this Agreement be invalid or void for any reason, such invalid or void clause shall not adversely affect the remainder of this Agreement, and such remainder shall remain in full force and effect. 19.17. Invalidity of Provisions. If any term or provision of this Agreement or the application thereof to any person or circumstance shall be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provisions hereof. If any provision of this Agreement is held invalid or unenforceable because the fulfillment of such provision would involve exceeding the limit of validity prescribed by law, then upon the occurrence of such circumstances, the obligation to be fulfilled shall be reduced to the limit of validity prescribed by law. If the provision of this Agreement which is found to be invalid or unenforceable cannot be modified so as to be enforceable under existing laws, this Agreement shall be construed and enforced as if such provision had not been included herein. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] IR QATCIA \Vision2025 SURPLUS\owasso \Utility Relocation -76th St N\ CityofDwasso- 76StN- UtilityRelocationRE1MBURSEMENTAGR .doc IN WITNESS WHEREOF, the parties hereto have executed and delivered this Agreement as of the day and year first above written. Date: ATTEST: City Clerk _ ,Juliann M. Stevens City Attorney _ Julie Lombardi "Contracting Party" THE CITY OF OWASSO, OKLAHOMA, a municipal corporation By: Name: Chris Kelley Title: Mavnr C6. 1I BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY By Name Ron Peters Title Chairman 17 Q:\TCIA\Vi$i0n2Q25 SURPLUS\Owasso\Utiliry Relocation -761h St N\CityofOwa - 76StN- UtilityRelocationREMiBURSFMEXT AGRAoc EXHIBIT "A" DESCRIPTION OF IMPROVEMENTS Relocation of Overhead utilities at the intersection of 76`h Street North and Main Street, Owasso Oklahoma. E=BIT "B" DESCRIPTION OF LAND Intersection at 76h Street North and Main Street, Owasso, Oklahoma. EXHIBIT 1101 AUTHORIZATION AND CERTIFICATE OF PROGRAM MANAGER With a reference to the attached Advance Request in connection with the Owasso 7611' Street North and Main Utility Relocation Project (the "Project'), 1, the designated Program Manager in respect to the Project hereby find, certify and state with respect to the attached Advance Request, as follows: (a) The person, firm, corporation, partnership, or otherwise, to which payment is due has been properly entered in this form and to my knowledge constitutes an accurate identification of the creditor; and (b) the payment is a bona fide Cost of Construction as such term is defined in the Agreement; and (e) the amount to be paid is correct and accurate in accordance with the invoice and/or statement submitted by the Contracting Party; and (d) the obligation in the stated amount has been incurred by the Contracting Party and that each item thereof is a proper charge, and that payment of such obligation has not theretofore been made; and (e) that, to the best of my knowledge, after investigation and due inquiry, insofar as any such obligation was incurred for work, materials, equipment or supplies, such work was actually performed, or such materials, equipment or supplies were actually installed in furtherance of the construction of the Project or delivered at the site of the Project for that purpose, or delivered for storage or fabrication at a place or places approved by the Contracting Party and same is under control of the Contracting Party, or is a progress payment due on equipment being fabricated to order. (f) that certain Capital Improvements Agreement dated 2018, by and between the Contracting Party and the Board of County Commissioners of Tulsa County, Oklahoma relating to the Project (the "Agreement') is in full force and effect; that to the best of our knowledge after due inquiry and investigation, no event of default has occurred or is continuing under the terms of the Agreement; all conditions precedent to payment of the requisition set forth in the Agreement have been met; and payment of the requisition is proper pursuant to the terms of such Agreement. Date: PROGRAM MANAGER By Authorized Representative I"I S Il lia l� AUTHORIZATION AND CERTIFICATE OF PROJECT MANAGER With reference to the attached Construction Advance Request, the undersigned, as the designated construction architect, engineer or project manager for the City of Owasso, Oklahoma (the "Contracting Party ") in connection with the Owasso 76 °i Street North and Main Utility Relocation Project (the "Project ") hereby finds, certifies and states with respect to the attached Construction Advance Request as follows: (a) all construction of the Improvements, as defined in the Capital Improvements Agreement dated 2018, by and between the Contracting Party and the Board of County Commissioners of Tulsa County, Oklahoma, relating to the Project (the "Agreement "), has been done in accordance with the PIans (as defined in the Agreement); and (b) the Improvements can be completed in accordance with the Approved Budget (as defined in the Agreement); and (c) the persons, firms, corporations, partnerships, or otherwise, to which payment is due has been properly entered in the attached Application and Certificate for Payment and to my knowledge constitutes an accurate identification of the creditors; and (d) the payment is a bona fide Cost of Construction as such term is defined in the Agreement; and (e) the amount to be paid is correct and accurate in accordance with the invoices and/or statements submitted by the creditor; and (f) the obligation in the stated amount has been incurred by the Contracting Party and payment of such obligation has not yet heretofore been made; and (g) to the best of my knowledge, after investigation and due inquiry, insofar as any such obligation was incurred for work, materials, equipment or supplies, such work was actually performed, or such materials, equipment or supplies were actually installed in furtherance of the construction of the Project or delivered at the site of the Project for that purpose, or delivered for storage or fabrication at a place or places approved by the Contracting Party and same is under control of the Contracting Party, or is a progress payment due on equipment being fabricated to order. Dated: By: Authorized Officer of the [Architect] [Engineer] [Project Manager] EXHIBIT "E" CONSTRUCTION ADVANCE REQUEST TO: Board of County Commissioners of Tulsa County, Oklahoma c/o Program Manager FROM: City of Owasso, Oklahoma Owasso, Oklahoma (the Contracting Party) Pursuant to the Capital Improvements Agreement dated , 2018 (the "Agreement "), by and among the Board of County Commissioners of Tulsa County, Oklahoma (the `Board "), and the City of Owasso, Oklahoma (the "Contracting Party "), the Contracting Party hereby requests the Board to cause its Depository to disburse the amount set forth in the attached Application and Certificate for Payment to the parties set forth therein for the account of the Contracting Party. The Contracting Party does hereby certify to the Board that, as of the date hereof, (i) the representations and warranties of the Contracting Party in the Agreement are hereby ratified and confirmed; (ii) the requested disbursement is for the payment of Costs of Construction as defined in the Agreement; (iii) each obligation described in the attached Application and Certificate for Payment has been properly incurred and is now due and unpaid and that insofar as such obligation was incurred for work, materials, equipment or supplies, such work was actually performed, and such materials, equipment or supplies were actually installed or delivered to or for the Project (as defined in the Agreement); (iv) there has not been filed with or served upon the Contracting Party notice of any lien, right to lien or attachment upon, or claim affecting the right to receive payment of, any of the monies payable to any of the persons, firms or corporations named in the attached Application and Certificate for Payment, which has not been released or will not be released simultaneously with the payment of such obligation; (v) the Agreement is in full force and effect; (vi) no event of default has occurred or is continuing under the terns of the Agreement; and (vii) all conditions precedent to payment of the requested Construction Advance herein have been met and payment of such obligations is proper pursuant to the terms of the Agreement. Date: CITY OF OWASSO, OKLAHOMA By: Authorized Officer of the Contracting Party APPROVED: BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY, OKLAHOMA Chairman EXHIBIT "F" NON- CONSTRUCTION ADVANCE REQUEST TO: Board of County Commissioners of Tulsa County, Oklahoma FROM: City of Owasso, Oklahoma Owasso, Oklahoma (the Contracting Party) Pursuant to the Capital Improvements Agreement dated 2018, (the "Agreement'), by and among the Board of County Commissioners of Tulsa County, Oklahoma (the "Board "), and the City of Owasso, Oklahoma (the "Contracting Party"), the Contracting Parry hereby requests the Board to cause its Depository to disburse the amount of $ to the parties set forth below for the following purposes: Payees, Purposes The Contracting Party does hereby certify to the Board that, as of the date hereof, (i) the representations and warranties of the Contracting Party in the Agreement are hereby ratified and confirmed; (ii) the requested disbursement is for the payment of Costs of Construction as defined in the Agreement; (iii) each obligation described above has been properly incurred; (iv) the Agreement is in full force and effect; (v) no event of default has occurred or is continuing under the terms of the Agreement; and (vi) all conditions precedent to the payment of the requested Non - Construction Advance herein have been met and payment of such obligations is proper pursuant to the terms of the Agreement. APPROVED: BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY, OKLAHOMA By: Chairman By: Authorized Officer of the Contracting Party REAL Poople •REAL Character •REAL Community TO: The Honorable Mayor and City Council City of Owasso FROM: Daniel Dearing Sr. Civil Engineer SUBJECT: Acceptance of Urban Engineering Agreements DATE: June 1, 2018 BACKGROUND: On May 17, 2005, the Engineering Design Criteria, Construction Standards and Standard Details for any and all developments, projects, and infrastructure improvements within the City of Owasso were adopted by the City Council. Documents required as a result of that adoption include two different agreements, one which must be submitted by the developer and one which must be submitted by the developer's engineer. The agreements are as follows: ENGINEER AGREEMENT: The agreement required to be submitted by the developer's engineer is titled "Agreement for Urban Engineering Services ". This agreement requires the engineer to list all improvements associated with the proposed development, attest that all designs will be in compliance with City standards (outlined in the design c(teria), pay all fees associated with the plan review, attest that he /she is a Registered Professional Engineer in the State of Oklahoma, and attest that he /she maintains Professional Liability Insurance in limits directly correlated to the cost of the project specified in the attached agreement. The liability insurance to project cost ratio schedule is as follows: Project Cost Less than $500,000 $500,000 - $1,000,000 Greater than $1,000,000 Professional Liability Insurance $ 250,000 $ 500,000 $1,000,000 The Mayor's signature is required on the "Agreement for Urban Engineering Services" (Engineer Agreement), therefore Council approval is requested. RECOMMENDATION: Staff recommends authorization for the Mayor to execute the following Engineer's Agreements: Kellogg Engineering, Inc., for sanitary sewer gravity lines, lift station and force main for Magnolia Ridge • Kellogg Engineering, Inc., for roadway paving, storm sewer, sanitary sewer, and drainage ways, sidewalks and driveway approaches for Hawthorne at Stone Canyon • Kellogg Engineering, Inc., for sanitary sewer gravity lines for Morrow Gravity Sanitary Sewer Extension • Kellogg Engineering, Inc., for roadways, water lines, sanitary sewer lines and drainage improvements for Abbott Farms Phase II • TEP, Inc., for grading, water (onsite and offsite), paving, storm sewer and sanitary sewer for Mingo Crossing • Arnold Consulting Engineering Services, Inc., for sidewalks, driveway approaches, and storm sewer and sanitary sewer for Kum and Go • Wallace Engineering, for driveway approaches and sidewalk for Morrow Elementary • Crofton Tull & Associates, Inc., for sanitary sewer extension and drainage improvements for a replat of Lot 2, Block 1 of Garrett Creek Center Phase II • AAB Engineering, LLC, for streets, storm sewer and sanitary sewer for Presley Hollow ATTACHMENTS: "Agreements for Urban Engineering Services" for the following projects: • Kellogg Engineering, Inc. - Magnolia Ridge, Hawthorne at Stone Canyon, Morrow Gravity Sewer Extension, and Abbott Farms PH II • TEP, Inc. - Mingo Crossing • Arnold Consulting Engineering Services, Inc. - Kum and Go • Wallace Engineering - Morrow Elementary • Crofton Tull & Associates, Inc. - Lot 2 of Block 1 of Garrett Creek Center Phase II • AAB Engineering, LLC - Presley Hollow AGREEMENT FOR URBAN ENGINEERING SERVICES THIS AGREEMENT, entered into by and between the CITY OF OWASSO, OKLAHOMA, a municipal corporation, hereinafter called "City" and Kellogg Engineering, Inc. hereinafter called "Design Engineer ". WITNESSETH: WHEREAS, the Design Engineer has been employed by the Owner /Developer /Subdivider of the herein described real property to prepare all project plans and specifications and to provide certain engineering services during the construction of the hereinafter sometimes referred to as the "Project', upon easements and rights -of -ways to be owned or controlled by the City; and WHEREAS, the Design Engineer is desirous of obtaining the review (and approval) of the plans and specifications for said project by the City of Owasso Public Works Department; and WHEREAS, the City is willing to review the plans and specifications prepared by the Design Engineer under the hereinafter described terms and conditions. NOW, THEREFORE, in consideration of the foregoing and in consideration of the hereinafter set forth promises and covenants, the parties hereto mutually agree as follows, to- wit; 1. The Improvements to be designed by the Design Engineer (pursuant to this Contract) shall generally consist of the following types of improvements Sanitary Sewer Gravity lines, Lift Station, & Sanitary Sewer Force main. which shall be located on the following described tract of land: Magnolia Ridge, Part of Section 23, T -21 -N, R -13 -E, IB &M, Tulsa County, Oklahoma 2. The Design Engineer shall, in conformity with the provisions of the City's Standard Specifications for Urban Engineering Services, including the City's current Design Criteria, which are hereby incorporated and made a part of this Contract by reference, prepare project plans, specifications, and other engineering documents as may be necessary for the proper construction of the project improvement, and shall perform all construction layout surveys, and staking and periodic general construction supervision on the project improvements as they are constructed by the Owner and his Contractor. 3. The City shall review (and approve) the project plans, specifications, and other engineering documents for the construction of the project improvements prepared and submitted to the City by the Design Engineer, 4. The Design Engineer shall compensate the City for reviewing (and approving) plans and specifications for the project at the rate of One Hundred Do] tars ($100.00) for each plan sheet submitted (other than plan sheet Standard Drawings of the City of Owasso or of the Oklahoma Department of Transportation), except that the minimum charge for each project shall be One Hundred -fifty Dollars ($150.00). Payment shall be due and payable upon presentation of the plans and specifications for the project for review by the City. PFPI plan review and permit fees are waived for governmental entities. No fees shall be collected by the City of Owasso on any public work or improvement performed by or for any city, county, state, or federal governmental entity; provided however, that this exemption shall not constitute waiver of any ordinance requiring the issuance of such permits, and it shall apply only to such permits issued directly to the governmental entity involved. 5. The Design Engineer hereby covenants that he /she is a Registered Professional Engineer in the State of Oklahoma at the time of execution of this Contract, and should the Design Engineer cease to be a Registered Professional Engineer prior to completing performance of the terms and conditions of this Contract, the Design Engineer shall immediately notify the City and shall engage a Registered Professional Engineer acceptable to the City to complete performance of the promises and covenants contained herein. 6. The Design Engineer further covenants and agrees that he /she maintains and is covered by Professional Liability Insurance in limits of not less than those indicated in the following schedule: Project Cost Professional Liability Insurance Less than $500,000 $250,000 $500,000 - $1,000,000 $500,000 Greater than $1,000,000 $1,000,000 (Project Costs to be as defined in Section I of the attached Specifications for Urban Engineering Services) and that he /she will maintain same in continuous force and effect for a period of not less than three years from and after final acceptance of the project herein. 7. The Design Engineer further covenants and agrees to comply with Section I, Section 11 and Section III of the attached Standard Specifications for Urban Engineering Services and that these specifications become a part this contract. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives on the dates set for the below. Executed by the City of Owasso, Oklahoma, on the 5th day of June 20. Executed by the Design Engineer on the 16th day of February 2018 . CITY OF OWASSO, OKLAHOMA a municipal corporation m ATTEST: Mayor - Chris Kelley City Clerk- Juliann M. Stevens APPROVED AS TO FORM: City Attorney- Jplie Lombardi ATTEST: 6 Secretary i lic Works Director ,� "" Illlll " ` ,,. c•a- ' •• -_ Ira blx'• DESIGN �lwr� � ' = v` ZINEER Design ngmeer ellogg Engineering Inc. =, 7 ••• J �o` ' '' By Brian K. Kellogg - President "'lll /11111111111 „ Title ' ATTEST: 6 Secretary 4� °® CERTIFICATE OF LIABILITY INSURANCE oA02121/2018 n THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pullcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME Pead Insurance PNONE FAX N Bali- AC No: AWRE55: WNLE 1200 E Glen Ave INSURERS AFFORDING COVERAGE NAICq INSURERA: Underwriters at Lloyd's of London AMB085202 AA- 1122000 Peoria Heights IL 61616 INSURED INSURERS: INSURERC: Kellogg Engineering, Inc. INSURERD: DAMAGE TO RENTEO PREMISES aooccummea 6755 S 4060 Rd INSURERS: INSURERF: Talela OK 74080 -3036 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICYNUMBER MwODY EFF MMIDDDY� LIMITS GENERAL LIABILITY EACH OCCURRENCE 5 COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTEO PREMISES aooccummea 5 CLAIMS�MADE r__1 OCCUR MED UP (My ono person) $ PERSONAL 3ADV INJURY S GENERAL AGGREGATE $ GENL AGGREGATE LIMIT APPLIES PER PRODUCTS -COMPIOPAGG S $ POUCY PRO LOC JECT AUTOMOBILE LIABILITY CEOgBBINa DSINGLE LIMB $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS BODILYINJURY(PeracNdent) S PROPERTYDAMAGE Peracaden! 5 NON -OWNED HIRED AUTOS AUTOS $ UMBRELLA LAB OCCUR EACH OCCURRENCE S AGGREGATE 5 EXCESS LAB I CLAIMS-MADE DEO I I RETENTIONS $ WORKERS COMPENSATION WCSTATU OTH- AND EMPLOYERS' LABILITY YIN EA. EACH ACCIDENT $ ANY PROPRIETORIPARTNEWEXECUTIVE OFFICER/MEMBEREXCLUDEDT ❑NIA E.L. DISEASE-EA EMPLOYE $ (Mandatoryln NH) If yes describe under DESCRIPTION OF OPERATIONS bebw EL. DISEASE - POLICY LIMIT $ A Professional Liability Retroactive Dale: 02117/2001 N N 0006482 -09 02/17/2018 02116/2019 $1, 000,000 per claiml$1,000,000 aggregate $10,000 deductible DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (Albch ACORD 101, Additional Remarka Schedule, It more space Is required) City of Owasso P.O. Box 180 Owasso OK 74055 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ©1988.2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGREEMENT FOR URBAN ENGINEERING SERVICES THIS AGREEMENT, entered into by and between the CITY OF OWASSO, OKLAHOMA, a municipal corporation, hereinafter called "City" and Kellogg Engineering, Inc. hereinafter called "Design Engineer ". WITNESSETH: WHEREAS, the Design Engineer has been employed by the Owner /Developer /Subdivider of the herein described real property to prepare all project plans and specifications and to provide certain engineering services during the construction of the hereinafter sometimes referred to as the "Project', upon easements and rights -of -ways to be owned or controlled by the City; and WHEREAS, the Design Engineer is desirous of obtaining the review (and approval) of the plans and specifications for said project by the City of Owasso Public Works Department; and WHEREAS, the City is willing to review the plans and specifications prepared by the Design Engineer under the hereinafter described terms and conditions. NOW, THEREFORE, in consideration of the foregoing and in consideration of the hereinafter set forth promises and covenants, the parties hereto mutually agree as follows, to- wit; 1. The Improvements to be designed by the Design Engineer (pursuant to this Contract) shall generally consist of the following types of improvements PUBLIC ROADWAY, STORM SEWER, SANITARY SEWER, & DRAINAGE WAYS. which shall be located on the following described tract of land: Hawthorne at Stone Canyon - Phase I Part of Section 36 T -21 -N, R -14 -E, IB &M City of Owasso Oklahoma Located at the Northwest Corner of N. 193rd E. Ave. & E. 72nd St. N. 2. The Design Engineer shall, in conformity with the provisions of the City's Standard Specifications for Urban Engineering Services, including the City's current Design Criteria, which are hereby incorporated and made a part of this Contract by reference, prepare project plans, specifications, and other engineering documents as may be necessary for the proper construction of the project improvement, and shall perform all construction layout surveys, and staking and periodic general construction supervision on the project improvements as they are constructed by the Owner and his Contractor. 3. The City shall review (and approve) the project plans, specifications, and other engineering documents for the construction of the project improvements prepared and submitted to the City by the Design Engineer. 4. The Design Engineer shall compensate the City for reviewing (and approving) plans and specifications for the project at the rate of One Hundred Dollars ($100.00) for each plan sheet submitted (other than plan sheet Standard Drawings of the City of Owasso or of the Oklahoma Department of Transportation), except that the minimum charge for each project shall be One Hundred -Fifty Dollars ($150.00). Payment shall be due and payable upon presentation of the plans and specifications for the project For review by the City. PFPI plan review and permit fees are waived for governmental entities. No fees shall be collected by the City of Owasso on any public work or improvement performed by or for any city, county, state, or federal governmental entity; provided however, that this exemption shall not constitute waiver of any ordinance requiring the issuance of such permits, and it shall apply only to such permits issued directly to the governmental entity involved. 5. The Design Engineer hereby covenants that he /she is a Registered Professional Engineer in the State of Oklahoma at the time of execution of this Contract, and should the Design Engineer cease to be a Registered Professional Engineer prior to completing performance of the terms and conditions of this Contract, the Design Engineer shall immediately notify the City and shall engage a Registered Professional Engineer acceptable to the City to complete performance of the promises and covenants contained herein. 6. The Design Engineer further covenants and agrees that he /she maintains and is covered by Professional Liability Insurance in limits of not less than those indicated in the following schedule: Proiect Cost Professional Liability Insurance Less than $500,000 $250,000 $500,000 - $1,000,000 $500,000 Greater than$ 1,000,000 $1,000,000 (Project Costs to be as defined in Section I of the attached Specifications for Urban Engineering Services) and that he /she will maintain same in continuous force and effect for a period of not less than three years from and after final acceptance of the project herein. 7. The Design Engineer further covenants and agrees to comply with Section 1, Section 11 and Section III of the attached Standard Specifications for Urban Engineering Services and that these specifications become a part this contract. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives on the dates set for the below. Executed by the City of Owasso, Oklahoma, on the 5th day of June , 20_1�. Executed by the Design Engineer on the 26th day of March 2018. CITY OF OWASSO, OKLAHOMA a municipal corporation FM ATTEST: Mayor - Chris Kelley Clerk - Juliann M. Stevens APPROVED AS TO FORM: City Attorney - ,IGlie Lombardi DESIGN ENGINEE - Kellogg Engineering Inc. Design Engi e BY President ATTEST: Title Secretary o•���r� • l II C ��,' %, t T � r • N k VL �' C� 3t; � �.t• «« x: , O CERTIFICATE OF LIABILITY INSURANCE Dn e(MMloorcr q 1. � ozlzvzola THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Pearl insurance 1200 E Glen Ave CONTACT NAME. _ PHONE FAX I,., No : ODRESS: _ _ INSUREINSI AFFORDING COVERAGE NAIL ii Peoria Heights IL 61616 INSURERA: Underwriters at Lloyd's of London AMB085202 AA-1122000 INSURED INSURER B: $ Kellogg Engineering, Inc. INSURER C : -. 6755 S 4060 Rd INSURER O:_ INSURERE: PREMISESEe ...as.) 5 Talala OK 74080 -3036 INSURER F: PERSONAL& ADV INJURY COVERAGES CtlRnFICATE NUMBER: REVISION NUMBER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILT2R TYPE OF INSURANCE ADD DR POLICY NUMBER POLICY IUYYYY MMIOOYlY19PY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL UABILRY CLAIMS -MADE D OCCUR PREMISESEe ...as.) 5 MEO EXP(My one person) 5 PERSONAL& ADV INJURY $ GENERAL AGGREGATE 5 GEN'L AGGREGATE POLICY LIMIT APPLIES PER: PRO- LOC JECT PRODUCTS- COMPIOPAGG $ EEd $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMB $ BODILY INJURY(Perpemon) S ANYAUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per SWdenp $ HIREDAUTOS NON -OWNED AUTOS PROPERTYDAMAGE PerecUdent $ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE S AGGREGATE $ EXCESS LIAR CLAIMS -MADE DED I I RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN MY PROPRIETORIPARTNISWEXECUTIVE OFFICERIMEMBER EXCLUDED? F-1 NIA WCSTATU- OTH- LIMITS E.I. EACH ACCIDENT S E.L. DISEASE -EA EMPLOYE $ IMandafory in NH) If yes, descdm under E.L. DISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONS below A Professional Liability Retroactive Date: 02/17/2001 N N 0006482 -09 02!17/2018 02/ifi/2019 $1, 000,000 per claim /$1,000,000 aggregate $10,000 deductible DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Aflach ACORD 181, Addklonal Remarks Schedule, if mars space Is raqulred) City of Owasso P.O. Box 180 Owasso OK 74055 25 (2010/05) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. I he ACORD name and logo are registered marks of ACORD All AGREEMENT FOR URBAN ENGINEERING SERVICES THIS AGREEMENT, entered into by and between the CITY OF OWASSO, OKLAHOMA, a municipal corporation, hereinafter called "City" and Kellogg Engineering, Inc. hereinafter called "Design Engineer ". WITNESSETH: WHEREAS, the Design Engineer has been employed by the Owner/Developer/Subdivider of the herein described real property to prepare all project plans and specifications and to provide certain engineering services during the constriction of the hereinafter sometimes referred to as the "Project ", upon easements and rights -of -ways to be owned or controlled by the City; and WHEREAS, the Design Engineer is desirous of obtaining the review (and approval) of the plans and specifications for said project by the City of Owasso Public Works Department; and WHEREAS, the City is willing to review the plans and specifications prepared by the Design Engineer under the hereinafter described teens and conditions. NOW, THEREFORE, in consideration of the foregoing and in consideration of the hereinafter set forth promises and covenants, the parties hereto mutually agree as follows, to- wit; 1. The Improvements to be designed by the Design Engineer (pursuant to this Contract) shall generally consist of the following types of improvements sanitary seiner Gravity lines which shall be located on the following described tract of land: 2018 Morrow Gravity Sanitary Sewer Extension Part of Section 04, T -21 -N, R-14-E, IB &M City of Owasso Tulsa County, Oklahoma 2. The Design Engineer shall, in conformity with the provisions of the City's Standard Specifications for Urban Engineering Services, including the City's current Design Criteria, which are hereby incorporated and made a part of this Contract by reference, prepare project plans, specifications, and other engineering documents as may be necessary for the proper construction of the project improvement, and shall perform III constriction layout surveys, and staking and periodic general constriction supervision on the project improvements as they are constricted by the Owner and his Contractor. 3. The City shall review (and approve) the project plans, specifications, and other engineering documents for the construction of the project improvements prepared and submitted to the City by the Design Engineer. 4. The Design Engineer shall compensate the City for reviewing (and approving) plans and specifications for the project at the rate of One Hundred Dollars ($100.00) for each plan sheet submitted (other than plat sheet Standard Drawings of the City of Owasso or of the Oklahoma Department of Transportation), except that the minimum charge for each project shall be One Hundred -fifty Dollars ($150.00). Payment shall be due and payable upon presentation of the plans and specifications for the project for review by the City. PFPI plan review and permit fees are waived for governmental entities. No fees shall be collected by the City of Owasso on any public work or improvement performed by or for ally city, county, state, or federal governmental entity; provided however,, that this exemption shall not constitute waiver of ally ordinance requiring the issuance of such permits, and it shall apply only to such permits issued directly to the governmental entity involved. 5. The Design Engineer hereby covenants that he/she is a Registered Professional Engineer in the State of Oklahoma at the time of execution of this Contract, and should the Design Engineer cease to be a Registered Professional Engineer prior to completing performance of the terns and conditions of this Contract, the Design Engineer shall immediately notify the City and shall engage a Registered Professional Engineer acceptable to the City to complete performance of the promises and covenants contained herein. G. The Design Engineer frther covenants and agrees that he /she maintains and is covered by Professional Liability Insurance in limits of not less than those indicated in the following schedule: Proiect Cost Professional Liability Insurance Less than $500,000 $250,000 $500,000 - $1,000,000 $500,000 Greater than$ 1,000,000 $1,000,000 (Project Costs to be as defined in Section I of the attached Specifications for Urban Engineering Services) and that he /she will maintain same in continuous force and effect for a period of not less than three years from and after final acceptance of the project herein. 7. The Design Engineer further covenants and agrees to comply with Section I, Section II and Section III of the attached Standard Specifications for Urban Engineering Services and that these specifications become a part this contract. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives orr the dates set for the below. Executed by the City of Owasso, Oklahoma, on the 5th day of Jrne , 20 -a . Executed by the Design Engineer on the 19th clay of April 20 18 . CITY OF OWASSO, OKLAHOMA a nuuricipal corporation Im ATTEST: Mayor _ Chris Kelley City Cleric - Juliann M. Stevens APPROVED AS TO FORM: City Attorney _ Julie Lomardi Director DESIGN ENGINEER Design EugiYi(Yer - Kellogg Engineering hie. BY Brian K. Kellogg - President Title ATTEST: -- Secretary ACOR®F CERTIFICATE OF LIABILITY INSURANCE onTE12112018 L--� 9z/v201a THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Pearl Insurance 1200 E Glen Ave CONTACT NAME: PHONE FAX No. _ E -MAIL - ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# Peoria Heights IL 61616 _ INSURERA: Underwriters at Lloyd's of London AMB085202 AA- 1122000 INSURED INSURERS: $ Kellogg Engineering, Inc _ INSURERC: 6765 S 4060 Rd INSURER D: INSURER E: DA G Oft PREMISES Eeoccuosro, $ Talala OK 74080 -3036 INSURER F: PERSONAL S ADV INJURY GOVEKALiL6 CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ILTR TYPE OF INSURANCE ADO B B POLICY NUMBER MMIODNYYV MMIODfIEYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑OCCUR DA G Oft PREMISES Eeoccuosro, $ MEDEXP(Nryoneporson) S PERSONAL S ADV INJURY $ GENERALAGGREGATE S GEN'LAGGREGATE LIMITAPPLIES PER: PRODUCTS- COMP /OP ADS $ POLICY PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIM1tIT En accidonl BODILY INJURY IPelpouon) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Peraccidsnl t ) S HIRED AUTOS AUTOSWNED PROPERTY DAMAGE Peracd0enl S $ UMBRELLA LIAB OCCUR EACH OCCURRENCE s AGGREGATE $ EXCESS LIAB CLAIMS.MADE DEn I I RETENTIONS $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOWPARTNER)EXECUTIVE OFFICERIMEMBER EXCLUDED? NIA E.L.EAGHACCIDENT S E.L. DISEASE -EA EMPLOYE $ (Mandolnry in NH) If yes, descrue under E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below A Professional Liability Retroactive Date: 02 11712001 N N 0006482-09 02117/2018 02/1612019 $1,000,000 per claim /$1,000,000 aggregate $1 0,000 deductible DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remeft Sebodoiq if moro spOw is myuGed) City of Owasso P.O. Box 180 Owasso OK 74055 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. All 0 hf<rn <un,nri The ACORD name and logo are registered marks of ACORD AGREEMENT FOR URBAN ENGINEERING SERVICES THIS AGREEMENT, entered into by and between the CITY OF OWASSO, OKLAHOMA, a municipal corporation, hereinafter called "City" and Kellogg Engineering, Inc. hereinafter called "Design Engineer ". WITNESSETH: WHEREAS, the Design Engineer has been employed by the Owner/Developer /Subdivider of the herein described real property to prepare all project plans and specifications and to provide certain engineering services during the construction of the hereinafter sometimes referred to as the "Project', upon easements and rights -of -ways to be owned or controlled by the City; and WHEREAS, the Design Engineer is desirous of obtaining the review (and approval) of the plans and specifications for said project by the City of Owasso Public Works Department; and WHEREAS, the City is willing to review the plans and specifications prepared by the Design Engineer under the hereinafter described terms and conditions. NOW, THEREFORE, in consideration of the foregoing and in consideration of the hereinafter set forth promises and covenants, the parties hereto mutually agree as follows, to- wit; 1. The Improvements to be designed by the Design Engineer (pursuant to this Contract) shall generally consist of the following types of improvements Roadways, Water lines, Sanitary Sewer lines, & Drainage Improvements. which shall be located on the following described tract of land: Abbott Farms Phase II Part of Section 7, T -21 -N, R -14 -E, IB&M, City of Owasso, Oklahoma at the Northeast Corner of E. 106th St. N. and N. Min4o rd 2. The Design Engineer shall, in conformity with the provisions of the City's Standard Specifications for Urban Engineering Services, including the City's current Design Criteria, which are hereby incorporated and made a part of this Contract by reference, prepare project plans, specifications, and other engineering documents as may be necessary for the proper construction of the project improvement, and shall perform all construction layout surveys, and staking and periodic general construction supervision on the project improvements as they are constructed by the Owner and his Contractor. 3. The City shall review (and approve) the project plans, specifications, and other engineering documents for the construction of the project improvements prepared and submitted to the City by the Design Engineer. 4. The Design Engineer shall compensate the City for reviewing (and approving) plans and specifications for the project at the rate of One Hundred Dollars ($100.00) for each plan sheet submitted (other than plan sheet Standard Drawings of the City of Owasso or of the Oklahoma Department of Transportation), except that the minimum charge for each project shall be One Hundred -fifty Dollars ($150.00). Payment shall be due and payable upon presentation of the plans and specifications for the project for review by the City. PFPI plan review and permit fees are waived for governmental entities. No fees shall be collected by the City of Owasso on any public work or improvement performed by or for any city, county, state, or federal governmental entity; provided however, that this exemption shall not constitute waiver of any ordinance requiring the issuance of such permits, and it shall apply only to such permits issued directly to the governmental entity involved. 5. The Design Engineer hereby covenants that he /she is a Registered Professional Engineer in the State of Oklahoma at the time of execution of this Contract, and should the Design Engineer cease to be a Registered Professional Engineer prior to completing performance of the terms and conditions of this Contract, the Design Engineer shall immediately notify the City and shall engage a Registered Professional Engineer acceptable to the City to complete performance of the promises and covenants contained herein. 6. The Design Engineer further covenants and agrees that he /she maintains and is covered by Professional Liability Insurance in limits of not less than those indicated in the following schedule: Project Cost Professional Liability Insurance Less than $500,000 $250,000 $500,000 - $1,000,000 $500,000 Greater than $1,000,000 $1,000,000 (Project Costs to be as defined in Section I of the attached Specifications for Urban Engineering Services) and that he /she will maintain same in continuous force and effect for a period of not less than three years from and after final acceptance of the project herein. 7. The Design Engineer further covenants and agrees to comply with Section I, Section II and Section III of the attached Standard Specifications for Urban Engineering Services and that these specifications become a part this contract. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives on the dates set for the below. Executed by the City of Owasso, Oklahoma, on the 51h day of June '20 18. Executed by the Design Engineer on the 14thday of May 2018 CITY OF OWASSO, OKLAHOMA a municipal corporation BY Mayor _ Chris Kelley ATTEST: City Clerk - Juliann M. Stevens APPROVED AS TO FORM: City Attorney - Julie Lombardi APPROV P blic Works Director DESIGN ENGINEER - Kellogg Engineering, Inc. Design nginee(j &4 By President Title ATTEST: s „mm....... 11 �~ 4 ' "lI /ll//r1 { {1141\ CERTIFICATE OF LIABILITY INSURANCE ° "o212 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, x"" THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(Les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME: Pead Insurance 1200 E Glen Ave PHONE FAX ac xe - E-MAIL ADDRESS, INSURERS AFFORDING COVERAGE NAIC# Peoria Heights IL 61616 INSURERA: Underwriters at Lloyd's of London AMB085202 AA-1122000 INSURED INSURER B: COMMERCIAL GENERAL LIABIUTY CLAIMSidADE OCCUR Kellogg Engineering, Inc. INSURERC: 6755 S 4060 Rd INSURER D: PREMISES aeoccrcence INSURER E: MED UP (Any one person) S Talala OK 74080 -3036 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR ZITHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPEOFINSURANCE ADDL B POLICYNUMBER POLICYEFF MMJDD POUCYEXP (MMMDNYM LIMITS GENERAL LIABILITY EACH OCCURRENCE 5 COMMERCIAL GENERAL LIABIUTY CLAIMSidADE OCCUR PREMISES aeoccrcence $ MED UP (Any one person) S PERSONALSADVINJURY S GENERALAGGREGATE S GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOPAGG 5 POLICY PRO- LOC $ AUTOMOSILELIM21LITY COMBINED SINGLE LIMR S BODILY INJURY (Per percent S ANY AUTO AUTOS NED AAUTOESULED I BODILY INJURY(PeraauckeM) 5 NON-OWNED H HIREDAUTOS AUTOS PROPERTY DAMAGE Peracdden S $ UMBRELLA UAB OCCUR EACH OCCURRENCE S AGGREGATE S EXCESS LIM CVJMSMADE OEO I I RETENTIONS $ WORKERS COMPENSATION WC STATU- OTH- ANDEMPLOYERS'LIABILnY YIN EL EACH ACCIDENT $ ANY PROPMETOR/PARTNER/IXECUTNE OFFICERIMEMBEREXCWDED? NIA E.L. DISEASE-EA EMPLOYEE $ (Mandatory In NH) ITyes, dear+@. under E.L. DISEASE -POLICY LIMIT S DESCRIPTION OF OPERATIONS below A Professional Liability Retroactive Dale: 02117 /2001 N N 0006482 -09 02/17/2018 02/1612019 $1,000,000 per clairn/$1,000,000 aggregate $10,000 deducfible DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Adaeh ACORD 101, Addleonel Remarks Schedule, If more space Is raqulrsd) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Owasso THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P.O. Box 180 1 ACCORDANCE WITH THE POLICY PROVISIONS. Owasso OK 74055 The ACORD name and logo are registered marks of ACORD AGREEMENT FOR URBAN ENGINEERING SERVICES THIS AGREEMENT, entered into by and between the CITY OF O WASSO, OKLAHOMA, a municipal corporation, hereinafter called "City" and hereinafter called "Design Engineer ". WITNESSETH: WHEREAS, the Design Engineer has been employed by the Owner /Developer /Subdivider of the herein described real property to prepare all project plans and specifications and to provide certain engineering services during the construction of the hereinafter sometimes referred to as the "Project ", upon easements and rights -of -ways to be owned or controlled by the City; and WHEREAS, the Design Engineer is desirous of obtaining the review (and approval) of the plans and specifications for said project by the City of Owasso Public Works Department; and WHEREAS, the City is willing to review the plans and specifications prepared by the Design Engineer under the hereinafter described terms and conditions. NOW, THEREFORE, in consideration of the foregoing and in consideration of the hereinafter set forth promises and covenants, the parties hereto mutually agree as follows, to- wit; 1. The Improvements to be designed by the Design Engineer (pursuant to this Contract) shall generally consist of the following types of improvements lxrzr.�»tta (P3uc�5'wvr i '1n6&z- ON�OFV SITE (Pusuc� �gxyV L, (t` g3L!C) S-roerl ��wez (Pu�ue,) which shall be located on the following described tract of land: YtrWolk,_') 11�6, lbu, , aFNIS aF ()i&A44ot,lA � � YY viy Cross;" i� 2. The Design Engineer shall, in conformity with the provisions of the City's Standard Specifications for Urban Engineering Services, including the City's current Design Criteria, which are hereby incorporated and made a part of this Contract by reference, prepare project plans, specifications, and other engineering documents as may be necessary for the proper construction of the project improvement, and shall perform all construction layout surveys, and staking and periodic general construction supervision on the project improvements as they are constructed by the Owner and his Contractor. 3. The City shall review (and approve) the project plans, specifications, and other engineering documents for the construction of the project improvements prepared and submitted to the City by the Design Engineer. 4. The Design Engineer shall compensate the City for reviewing (and approving) plans and specifications for the project at the rate of One Hundred Dollars ($100.00) for each plan sheet submitted (other than plan sheet Standard Drawings of the City of Owasso or of the Oklahoma Department of Transportation), except that the minimum charge for each project shall be One Hundred -fifty Dollars ($150.00). Payment shall be due and payable upon presentation of the plans and specifications for the project for review by the City. PFPI plan review and permit fees are waived for governmental entities. No fees shall be collected by the City of Owasso on any public work or improvement performed by or for any city, county, state, or federal governmental entity; provided however, that this exemption shall not constitute waiver of any ordinance requiring the issuance of such permits, and it shall apply only to such permits issued directly to the governmental entity involved. 5. The Design Engineer hereby covenants that he /she is a Registered Professional Engineer in the State of Oklahoma at the time of execution of this Contract, and should the Design Engineer cease to be a Registered Professional Engineer prior to completing performance of the terms and conditions of this Contract, the Design Engineer shall immediately notify the City and shall engage a Registered Professional Engineer acceptable to the City to complete performance of the promises and covenants contained herein. 6. The Design Engineer further covenants and agrees that he /she maintains and is covered by Professional Liability Insurance in limits of not less than those indicated in the following schedule: Proiect Cost Professional Liability Insurance Less than $500,000 $250,000 $500,000 - $1,000,000 $500,000 Greater than $1,000,000 $1,000,000 (Project Costs to be as defined in Section I of the attached Specifications for Urban Engineering Services) and that he /she will maintain same in continuous force and effect for a period of not less than three years from and after final acceptance of the project herein. 7. The Design Engineer further covenants and agrees to comply with Section I, Section II and Section III of the attached Standard Specifications for Urban Engineering Services and that these specifications become a part this contract. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives on the dates set for the below. Executed by the City of Owasso, Oklahoma, on the 5th day of June , 20j_a_. Executed by the Design Engineer on the ' day of it arc(j 20JL. CITY OF OWASSO, OKLAHOMA a municipal corporation l:]'A ATTEST: Mayor _Chris Kelley City Clerk - Juliann M. Stevens APPROVED AS TO FORM: City Attorney - )ulie Lombardi DESIGN ENGINEER 1 Design Engineer BY w/" �/yc ?ri l7i / /lir✓ 'j Title I V ATTEST: �,,gl �2 �ecretary-- cEv ACORD® CERTIFICATE OF LIABILITY INSURANCE DAM(MNDD/YYYY) 2/14/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the Certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Amanda Applegate The Arrow Group 2720 North Hemlock Ct. Ste. A PNDNE (918)258 -6681 FA% A/C No(918)251 -7993 : aoDRIESS: =ndaBarrow- group.com INSURER(S) AFFORDING COVERAGE "of COMMERCIAL GENERAL LIABILITY CLAIMS-MADE Fx1 OCCUR INSURERA:Continental Casualty Co. 20443 Broken Arrow OK 74012 INSURED INSURER9:HC1 - U. S. Specialty Insurance EACH OCCURRENCE INSURER C: Tulsa Engineering & planning 9820 E 41st St. S., Suite 102 INSURER': MED EXP An ana arson NSURERE: Tulsa OX 74146 INSURER F: B4024362623 COVERAGES CERTIFICATE NUMBER:CL181206058 RrvminN NIIMRPRt THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE BR POLICY NUMBER MMIDpYEPF MOMLICYE %P LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS-MADE Fx1 OCCUR _ EACH OCCURRENCE S 2,000,000 OAMAG T RENTED PREMISES Ea occu, $ 300,000 MED EXP An ana arson $ 10,000 X B4024362623 1/1/2018 1/1/2019 PERSONAL S ADV INJURY $ 2,000,000 AGGREGATE LIMIT APPLIES PER: POLICY JECT F�LOC GENERAL AGGREGATE $ 4,000,000 GENI Jt PRODUCTS- COMPIOPAGG S 4,000,000 Pdwuon $ 2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea acddenl S 1,000,000 BODILY INJURY (Par para.) $ A X ANY AUTO NED AUTOS ULEO AUTOS B4024362394 1/1/2010 1/1/2019 BODILY INJURY (Per accloonl) $ NON-OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per ecddenl $ UNrau,edmclodslocmbinsd $ 11000,000 X UMBRELLALIAS OCCUR EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 21000,000 A EXCESS UAB CINM&MADE DED I X I RUENTmN$ 10,000 $ 84024365120 1/1/2018 1/1/2019 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ylN ANY PROPRIETOR/PARTNER/ 5CUTNE (Mandatory NH IXCLUDE07 ( rY ) if or DESCRIPTION OF OPERATIONS tolm NIA WC4024362685 1/1/2010 1/1/2019 I PER OTH- S M E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE- EA EMPLOYEE $ 1,000,000 E.L DISEASE - POLICY LIMIT $ 11000,000 B Professional Liability USS1727999 9/4/2017 9/4/2018 Per Claim 11000,000 Aggragats 2,000,000 DESCMMONOFOPERATIONS /LOCATIONS /VEHICLES (ACOROIS1, Addluonal Remarks Schadulo,may baattached lfmom space is required) City of Owasso is listed as additional insured when required by written contract on the CGL per form SB300176D (6 -16). City of Owasso P O Box 180 Owasso, OK 74055 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,- NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. D. CUPP /AMA 44'rj - -. ©1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS025 (201401) AGREEMENT FOR URBAN ENGINEERING SERVICES THIS AGREEMENT, entered into by and between the CITY OF OWASSO, OKLAHOMA, a municipal corporation, hereinafter called "City" and prno�� �o �s�n,i�nq �n�e�neetinq SCZGS Tnc, hereinafter called "Design Engineer'. Arns►dt PE ..� e�44 WITNESSETH: WHEREAS, the Design Engineer has been employed by the Owner/Developer /Subdivider of the herein described real property to prepare all project plans and specifications and to provide certain engineering services during the construction of the hereinafter sometimes referred to as the "Project', upon easements and rights -of -ways to be owned or controlled by the City; and WHEREAS, the Design Engineer is desirous of obtaining the review (and approval) of the plans and specifications for said project by the City of Owasso Public Works Department; and WHEREAS, the City is willing to review the plans and specifications prepared by the Design Engineer under the hereinafter described terms and conditions. NOW, THEREFORE, in consideration of the foregoing and in consideration of the hereinafter set forth promises and covenants, the parties hereto mutually agree as follows, to- wit; 1. The Improvements to be designed by the Design Engineer (pursuant to this Contract) shall generally consist of the following types of improvements — S�Bew��IGSi dr�v�TpreaG�es rn Row, wnr� Ow�olic son�� $ewer 1;✓,es which shall be located on the following described tract of land: /. 69Y wcre. -Mai, od 1" located wel4- j& o� /69 A- meurooi ,56 � At a- E. /66 4"` Sh + aid efiA J N 138't'&C. Ir P�rcelt�91Y16 W-16 oe4so BiC723`I P6 IM aid 2. The Design Engineer shall, in conformity with the provisions of the City's Standard Specifications for Urban Engineering Services, including the City's current Design Criteria, which are hereby incorporated and made a part of this Contract by reference, prepare project plans, specifications, and other engineering documents as may be necessary for the proper construction of the project improvement, and shall perform all construction layout surveys, and staking and periodic general construction supervision on the project improvements as they are constructed by the Owner and his Contractor. 3. The City shall review (and approve) the project plans, specifications, and other engineering documents for the construction of the project improvements prepared and submitted to the City by the Design Engineer. 4. The Design Engineer shall compensate the City for reviewing (and approving) plans and specifications for the project at the rate of One Hundred Dollars ($100.00) for each plan sheet submitted (other than plan sheet Standard Drawings of the City of Owasso or of the Oklahoma Department of Transportation), except that the minimum charge for each project shall be One Hundred -fifty Dollars ($150.00). Payment shall be due and payable upon presentation of the plans and specifications for the project for review by the City. PFPI plan review and permit fees are waived for governmental entities. No fees shall be collected by the City of Owasso on any public work or improvement performed by or for any city, county, state, or federal governmental entity; provided however, that this exemption shall not constitute waiver of any ordinance requiring the issuance of such permits, and it shall apply only to such permits issued directly to the governmental entity involved. 5. The Design Engineer hereby covenants that he /she is a Registered Professional Engineer in the State of Oklahoma at the time of execution of this Contract, and should the Design Engineer cease to be a Registered Professional Engineer prior to completing performance of the terms and conditions of this Contract, the Design Engineer shall immediately notify the City and shall engage a Registered Professional Engineer acceptable to the City to complete performance of the promises and covenants contained herein. 6. The Design Engineer further covenants and agrees that he /she maintains and is covered by Professional Liability Insurance in limits of not less than those indicated in the following schedule: Proiect Cost Professional Liability Insurance Less than $500,000 $250,000 $500,000- $1,000,000 $500,000 Greater than $1,000,000 $1,000,000 (Project Costs to be as defined in Section I of the attached Specifications for Urban Engineering Services) and that he /she will maintain same in continuous force and effect for a period of not less than three years frotn and after final acceptance of the project herein. 7. The Design Engineer further covenants and agrees to comply with Section 1, Section II and Section III of the attached Standard Specifications for Urban Engineering Services and that these specifications become a part this contract. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives on the dates set for the below, Executed by the City of Owasso, Oklahoma, on the 5th day of June 20_18__, Executed by the Design Engineer on the Z ld day of 202, CITY OF OWASSO, OKLAHOMA a municipal corporation M ATTEST: Mayor _ Chris Kelley City Clerk - Juliann M. Stevens APPROVED AS TO FORM: City Attorney _ Julie Lombardi E U u Ic .i DESIGN ENGINEER ojj J _ Design Engineer BY Title A EST: Secretary ARNOCO -101 KEASLEY '4� n CERTIFICATE OF LIABILITY INSURANCE D0312012018 03/20/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endoreemenL A statement on this certificate does not confer rights to the certificate holder in lieu of such endomemen s . PRODUCER c cT Kim Easley, CRIS, CISR, ACSR Center of Insurance 1240 Fairway Street Bowling Green, KY 42103 PHONE FAX , Ne, San): (270) 467- 1334 4628 ac, NO .(270) 843 -8808 E pAl .keasley higky.com INSURERISI AFFORDING COVERAGE NAIC0 WSURERA:Cincinnati Casualty Company 28665 0312312019 INSURED INSURERS:Em to ers Preferred Insurance Company 10346 INSURER C: Continental Casualty Company 20443 Arnold Consulting Engineering Services, Inc. INSURERD: S 10,000 PO BOX 1336 Bowling Green, KY 42102 ER: INSUR S PERSONAL &ADVINJURY INSURERF• GENL AGGREGATE LIMIT APPLIES PER: X POLICY ❑ JECT ❑ Loc OTHER GENERALAGGREGATE COVERAGES CERTIFICATE NUMBER: REVISION NUMBER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE AUDI SUSR pOLICYNUMBER POLICY EFF POLICYEXP UWMIDDIYYNYl LIMITS A X COMMERCU-GENERALLIASILITY CLMMS -MADE [X] OCCUR EPPOO69746 03/2312018 0312312019 EACH OCCURRENCE $ 1'000'000 pAMAGETORENNTED s 500,000 MED EXP M wie arson S 10,000 PERSONAL &ADVINJURY 5 1,000,000 GENL AGGREGATE LIMIT APPLIES PER: X POLICY ❑ JECT ❑ Loc OTHER GENERALAGGREGATE 5 2,000,000 PRODUCTS- COMPIOPAGG S 2,000,000 S A AUTOMOBILE X LIABILITY ANYAUr0 OWNED SCHEDULED AU�gqTEEO��SONLY Aa1UUpTNµOOOSµWWHEppp AUTOSONLY X AUT0.50NLY ' EBA0069746 0312312018 03/2312019 COMBINEDSINGLBUis $ 1,000,000 GODaY1wURY Per s BODILYINJUiY Pm$ X OF a.. GE S E A X UMBRELLA LIAS EXCESSLIAB X OCCUR CLAIMS -MADE EPP0069746 0312312018 0312312019 EACHOCCURR84CE S 5,000,000 AGGREGATE S 5,000,000 DEB X RETENTIONS 0 B WORKERS COMPENSATION ANOEMPLOYERS'LIABILITY ANY PROPRIETORNARTNERIEXECUTiVE Y� OF FICAE(UMF)��IXCLUDEUi if a' DESCRIPTION OFOPERATIONS below NIA EIG 1314014.07 03123/2016 0312312019 TA OTH- j( I PSERTUTe I EL EACH ACCIOENr S 1,000,000 EL DISEASE -EA EMPLOY 1,000,000 5 EL DISEASE -POLICY LIMIT S 1,000,000 C Professional Llab. AEH 288347117 03121/2018 0312112019 Per ClafmlAggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IACORD 101, Additional Remarks Schedule, may be allacMd if mom space Is required) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTTH�HOR�ED,REPRESENTATIVE AUUKU 25 (ZU1tilU3) ©1968 -2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGREEMENT FOR URBAN ENGINEERING SERVICES THIS AGREEMENT, entered into by and between the CITY OF OWASSO, OKLAHOMA, a municipal corporation, hereinafter called "City" and Darren Burns, Wallace Engineering WITNESSETH: hereinafter called "Design Engineer ". WHEREAS, the Design Engineer has been employed by the Owner/Developer /Subdivider of the herein described real property to prepare all project plans and specifications and to provide certain engineering services during the construction of the hereinafter sometimes referred to as the "Project", upon easements and rights -of -ways to be owned or controlled by the City; and WHEREAS, the Design Engineer is desirous of obtaining the review (and approval) of the plans and specifications for said project by the City of Owasso Public Works Department; and WHEREAS, the City is willing to review the plans and specifications prepared by the Design Engineer under the hereinafter described terms and conditions. NOW, THEREFORE, in consideration of the foregoing and in consideration of the hereinafter set forth promises and covenants, the parties hereto mutually agree as follows, to- wit; 1. The Improvements to be designed by the Design Engineer (pursuant to this Contract) shall generally consist of the following types of improvements Three drives and a 4' sidewalk within the R.O.W. which shall be located on the following described tract of land: E/2 of the SW /4 of the NW/4 of Section 4, T -21 -N, R14 -E, of the Indian Base and Meridian. This will be for Morrow Elementary School. 2. The Design Engineer shall, in conformity with the provisions of the City's Standard Specifications for Urban Engineering Services, including the City's current Design Criteria, which are hereby incorporated and made a part of this Contract by reference, prepare project plans, specifications, and other engineering documents as may be necessary for the proper construction of the project improvement, and shall perform all construction layout surveys, and staking and periodic general construction supervision on the project improvements as they are constructed by the Owner and his Contractor. 3. The City shall review (and approve) the project plans, specifications, and other engineering documents for the construction of the project improvements prepared and submitted to the City by the Design Engineer. 4. The Design Engineer shall compensate the City for reviewing (and approving) plans and specifications for the project at the rate of One Hundred Dollars ($100.00) for each plan sheet submitted (other than plan sheet Standard Drawings of the City of Owasso or of the Oklahoma Department of Transportation), except that the minimum charge for each project shall be One Hundred -fifty Dollars ($150.00). Payment shall be due and payable upon presentation of the plans and specifications for the project for review by the City. PFPI plan review and permit fees are waived for governmental entities. No fees shall be collected by the City of Owasso on any public work or improvement performed by or for any city, county, state, or federal governmental entity; provided however, that this exemption shall not constitute waiver of any ordinance requiring the issuance of such permits, and it shall apply only to such permits issued directly to the governmental entity involved. 5. The Design Engineer hereby covenants that he /she is a Registered Professional Engineer in the State of Oklahoma at the time of execution of this Contract, and should the Design Engineer cease to be a Registered Professional Engineer prior to completing performance of the terms and conditions of this Contract, the Design Engineer shall immediately notify the City and shall engage a Registered Professional Engineer acceptable to the City to complete performance of the promises and covenants contained herein. 6. The Design Engineer further covenants and agrees that he /she maintains and is covered by Professional Liability Insurance in limits of not less than those indicated in the following schedule: Project Cost Professional Liability Insurance Less than $500,000 $250,000 $500,000 - $1,000,000 $500,000 Greater than$ 1,000,000 $1,000,000 (Project Costs to be as defied in Section I of the attached Specifications for Urban Engineering Services) and that he /she will maintain same in continuous force and effect for a period of not less than three years from and after final acceptance of the project herein. 7. The Design Engineer further covenants and agrees to comply with Section I, Section II and Section III of the attached Standard Specifications for Urban Engineering Services and that these specifications become a part this contract. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives on the dates set for the below. Executed by the City of Owasso, Oklahoma, on the 5th day of June 20�. Executed by the Design Engineer on the day of 2016. CITY OF OWASSO, OKLAHOMA a municipal corporation m ATTEST: Mayor - Chris Kelley City Clerk- Juliann M. Stevens APPROVED AS TO FORM: City Attorney- Julie Lombardi BY_�R ti LC tFP . -Title ATTEST: Secreta ACORO CERTIFICATE OF LIABILITY INSURANCE Gp1 1MWO01YYYY) TYPEOFINSURANCE 1012512017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(tes) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER RESERVED RESOURCE INSURANCE 9 W ARROWHEAD CIRCLE SANTA FE, NM 87506 CONTACT NAME: Ge0 a J. Vogler PHONE 5 FAX No: ADDRESS, eo e.vo a ae-alwa s.co GENERALDABILITY COMMERCIAL GENERAL UABIUTY CWMS -MADE ❑ OCCUR INSUR S AFFORDING COVERAGE NAICI WSURERA: Continental Casualty Company 43 INSURED Wallace Engineering Structural Consultants, Inc. INSURERS: $ INSURER C: i - 200 E. Mathew Brady Street INSURER D: PERSONALBADVINJURY Tulsa, OK 74103 WSURER E: GENERAL AGGREGATE WSUNEft F: GENLAGOR POUCY EGATE UMIr APPLIES PR6 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPEOFINSURANCE ADGL IN.qR SUB POLICY NUMBER POLICY EFF MOIUCY EXP DYYYIn LIMT9 GENERALDABILITY COMMERCIAL GENERAL UABIUTY CWMS -MADE ❑ OCCUR rr I I EACHOCCURRENCE $ PREMISESEea�� i - MEO UP we con 3 PERSONALBADVINJURY S GENERAL AGGREGATE $ GENLAGOR POUCY EGATE UMIr APPLIES PR6 PER: LOC PRODUCE- COMPOPAGG S $ FALL MOBELUBILaY - NY O OSED ql EWE IREDAIrrOS AIONI,I'SwNED ; CEOMB�INEDSINGLEUMIT BODILY INJURY(Perpmm) 3 BODILYINJURY(Perac w) S PBO�Z DAMAGE i 3 UMSWLLA LIAB EXCESS LIAB OCCUR CWM &MApE F F EACH OCCURRENCE $ AGGREGATE 3 OED I I RETENnON$ 3 WORKERS COMPENSATION AND EMPLOYERS' LIABIUTY ANYPROPRIaORIPARTNERIEXECUIVE YIN OFMCMIEMBEREACLUDED? (Mandatory In NH) If yes, 22be weer NIA � NCSTATU- ITORYLIMITS I OTH- EL EACHACGDENf i EL DISEASE -FA EMP S E.L. DISEASE -POLICY UNIT I 3 A PROFESSIONAL LIABILITY I AEH004313800 07120/2017 07/20/2018 $5,000,000 Per Claim (Including defense Cost) $5,000,000Aggmgate (including defense cost) DESCmPTION OF OPENATIONS I LOCAMONSIVEHICLFJS (Aeach ACQRD tot, AEdlaonM RamaAm SoheEW; Bmom span W mqulmdI City of Owasso PO Box 180 Owasso, OK 74055 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROWSInNR. AUTHORIZEDREPRESENTATIVE t-'^} S.31Qr'A_ ©1988.20110 ACQRD ACORD 25 (2010106) The ACORD name and logo are registered marks of ACORD reserved. °'Clear All;.; AGREEMENT FOR URBAN ENGINEERING SERVICES THIS AGREEMENT, entered into by and between the CITY OF OWASSO, OKLAHOMA, a municipal corporation, hereinafter called "City" and Crafton Tull & Associates, Inc. WITNESSETH: hereinafter called "Design Engineer ". WHEREAS, the Design Engineer has been employed by the Owner /Developer /Subdivider of the herein described real property to prepare all project plans and specifications and to provide certain engineering services during the construction of the hereinafter sometimes referred to as the "Project', upon easements and rights -of -ways to be owned or controlled by the City; and WHEREAS, the Design Engineer is desirous of obtaining the review (and approval) of the plans and specifications for said project by the City of Owasso Public Works Department; and WHEREAS, the City is willing to review the plans and specifications prepared by the Design Engineer under the hereinafter described terms and conditions. NOW, THEREFORE, in consideration of the foregoing and in consideration of the hereinafter set forth promises and covenants, the parties hereto mutually agree as follows, to- wit; 1. The Improvements to be designed by the Design Engineer (pursuant to this Contract) shall generally consist of the following types of improvetnents Sanitary sewer extension and drainage improvements. which shall be located on the following described tract of land: Part of the NW/4 of Section 9, T21 N, R1 4E, I.M. wasso, u sa ounty, a oma aka Re -Plat of Lot 2, Block 1 Garrett Creek Center 2. The Design Engineer shall, in conformity with the provisions of the City's Standard Specifications for Urban Engineering Services, including the City's current Design Criteria, which are hereby incorporated and made a part of this Contract by reference, prepare project plans, specifications, and other engineering documents as may be necessary for the proper construction of the project improvement, and shall perform all construction layout surveys, and staking and periodic general construction supervision on the project improvements as they are constructed by the Owner and his Contractor. 3. Tile City shall review (and approve) the project plans, specifications, and other engineering documents for the construction of the project improvements prepared and submitted to the City by the Design Engineer. 4. The Design Engineer shall compensate the City for reviewing (and approving) plans and specifications for the project at the rate of One Hundred Dollars ($100,00) for each plan sheet submitted (other than plan sheet Standard Drawings of the City of Owasso or of the Oklahoma Department of Transportation), except that (lie minimum charge for each project shall be One Hundred -fifty Dollars ($150.00). Payment shall be due and payable upon presentation of the plans and specifications for the project for review by the City. PFPI plan review and permit fees are waived for governmental entities. No fees shall be collected by the City of Owasso on any public work or improvement performed by or for any city, county, state, or federal governmental entity; provided however, that this exemption shall not constitute waiver of any ordinance requiring the issuance of such permits, and it shall apply only to such permits issued directly to the governmental entity involved. 5, The Design Engineer hereby covenants that he /she is a Registered Professional Engineer in the State of Oklahoma at the time of execution of this Contract, and should the Design Engineer cease to be a Registered Professional. Engineer prior to completing performance of the terms and conditions of this Contract, the Design Engineer shall immediately notify the City and shall engage a Registered Professional Engineer acceptable to the City to complete performance of the promises and covenants contained herein. 6. The Design Engineer further covenants and agrees that lie /sire maintains and is covered by Professional Liability Insurance in limits of not less than those indicated in the following schedule: Project Cost Professional Liability Insurance Less than $500,000 $250,000 $500,000 - $1,000,000 $500,000 Greater than $1,000,000 $1,000,000 (Project Costs to be as defined in Section I of the attached Specifications for Urban Engineering Services) and that lielshe will maintain same in continuous force and effect- for a period of not less than three years From and after final acceptance of the project herein. 7. The Design Engineer further covenants and agrees to comply with Section I, Section II and Section III of the attached Standard Specifications for Urban Engineering Services and that these specifications become a part this contract, IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives on the dates set for the below. Executed by the City of Owasso, Oklahoma, on the 5th day of June 20 18 . Executed by the Design Engineer on the —1 7 day of A %0i2Z t. 20_(.. CITY OF OWASSO, OKLAHOMA a municipal corporation 01 ATTEST: Mayor- Chris Kelley City Clerk - Juliann M. Stevens APPROVED AS TO FORM: City Attorney- Julie Lombardi APP ED: C Pohl e Works Director DESIGN ENGINEER Jason Spencer, RE4 Design Engineer BY Vyc-e PQeSa-pE.,7- Title ATTEST: 1 y Secretary Client #: 25225 CRAFTULL AUUHU,,,. CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DOIYYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED 4/13!2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION I$ WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Greyling Ins. Brokerage /EPIC 3780 Mansell Road, Suite 370 Alpharetta, GA 30022 NFr EACT Nicole Larsen PHONE 770- 552 -4225 we No Evt : A/c No 866- 550.4D82 ADDRESS, NICDIe.LarsentOOlgreyling.com INSURER $)AFFORDING COVERAGE NAICN INSURER A: cominemm cam.uy company 20443 MED EXP(Any one person) $ INSURED Craf ton, Tull & Associates, Inc. MSunR 0: ___ —J- — — INSURER C: GEN'L AGGREGATE LIMIT APPLIES PER: 901 N 47th Street INSURER 0: GENERAL AGGREGATE $ Suite 200 INSURERS: _ ___ Rogers, AR 72756 NSUflER F: AUTOMOBILE LIABILITY rnvconnce ...- ..�..- ._.__.... - -___ ._ ._ - -- -- -- - ncvrarvly rvulvlocn: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE.TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR_ ADOL SUER LTfl TYPE OF INSURANCE INSR VIVD POLICYNUMBER MMIOOIYYYVY MOICYYYY LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE 0 OCCUR - OEpAApIC,MUH ��OEECCTURRENCE _ $ PREMISES Ea occurrence $ —i MED EXP(Any one person) $ —J- — PERSONAL &ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: _I POLICY U PRO- GENERAL AGGREGATE $ JECT U LOC OTHER: PRODUCTS COMP /OP AGG $ _ ___ $ AUTOMOBILE LIABILITY _ _ __ CDM61NE0 SINGLE LIMIT (Ea acd e-0 _I AMY AUTO 11 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accidem) —PROPERTY $ (AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS —DAMAGE $ Peracddenl ) $ UMBRELLA DAB OCCUR EXCESS LIAR CLAIMS.MAOE EACH OCCURRENCE $ AGGREGATE g DED RETENTION WORKERS COMPENSATION _ _ _ PER OTH $ AND EIAPLOYEfls- LIABILITY YIN EB_ ANY PROPRIETOMPARTNEWEXECUTIVE OFFICEWMEMBER EXCLUDED? El NIA E.L. EACH ACCIDENT $ (Mandatory in NH) Il yes, describe untlor E.L. DISEASE EA EMPLOYEE $ E.L DISEASE - POLICY LIMIT _ $ DESCRIPTION OF OPERATIONS below A Professional AEH288254422 10/30/2017 10130/201E Per Claim $5,000,000 Liability Incl. Aggregate $5,000,000 Pollution DESCRIPTION OF OPERATIONS l LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be sheered It more space Is required) Re: Part of the NW /4 of Section 9, T21N, R14E, I.M., Owasso, Tulsa County, Oklahoma. City of Owasso Owasso, OK 74055 ACORD 25 (2014101) 1 Oil 4S1052891/M883795 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE ldc�/Vw W rogU -m w A V V HU V V HP V HA I ION. All rights reserved. The ACORD name and logo are registered marks of ACORD NLAR1 AGREEMENT FOR URBAN ENGINEERING SERVICES THIS AGREEMENT, entered into by and between the CITY OF OWASSO, OKLAHOMA, a municipal corporation, hereinafter called "City" and AAB Engineering, LLC hereinafter called "Design Engineer" WITNESSETH: WHEREAS, the Design Engineer has been employed by the Owner/Developer /Subdivider of the herein described real property to prepare all project plans and specifications and to provide certain engineering services during the construction of the hereinafter sometimes referred to as the "Project ", upon easements and rights -of -ways to be owned or controlled by the City; and WHEREAS, the Design Engineer is desirous of obtaining the review (and approval) of the plans and specifications for said project by the City of Owasso Public Works Department; and WHEREAS, the City is willing to review the plans and specifications prepared by the Design Engineer under the hereinafter described terms and conditions. NOW, THEREFORE, in consideration of the foregoing and in consideration of the hereinafter set forth promises and covenants, the parties hereto mutually agree as follows, to- wit; 1. The Improvements to be designed by the Design Engineer (pursuant to this Contract) shall generally consist of the following types of improvements Streets. Storm Sewer, and Sanitary Sewer which shall be located on the following described tract of land: North of E. 76th St. N., Just East of N. 195th E. Ave. known as Presley Hollow Subdivision 2. The Design Engineer shall, in conformity with the provisions of the City's Standard Specifications for Urban Engineering Services, including the City's current Design Criteria, which are hereby incorporated and made a part of this Contract by reference, prepare project plans, specifications, and other engineering documents as may be necessary for the proper construction of the project improvement, and shall perform all construction layout surveys, and staking and periodic general construction supervision on the project improvements as they are constructed by the Owner and his Contractor. 3. The City shall review (and approve) the project plans, specifications, and other engineering documents for the construction of the project improvements prepared and submitted to the City by the Design Engineer. 4. The Design Engineer shall compensate the City for reviewing (and approving) plans and specifications for the project at the rate of One Hundred Dollars ($100.00) for each plan sheet submitted (other than plan sheet Standard Drawings of the City of Owasso or of the Oklahoma Department of Transportation), except that the minimum charge for each project shall be One Hundred -fifty Dollars ($150.00). Payment shall be due and payable upon presentation of the plans and specifications for the project for review by the City. PPPI plan review and permit fees are waived for governmental entities. No fees shall be collected by the City of Owasso on any public work or improvement performed by or for any city, county, state, or federal governmental entity; provided however, that this exemption shall not constitute waiver of any ordinance requiring the issuance of such permits, and it shall apply only to such permits issued directly to the governmental entity involved. 5. The Design Engineer hereby covenants that he /she is a Registered Professional Engineer in the State of Oklahoma at the time of execution of this Contract, and should the Design Engineer cease to be a Registered Professional Engineer prior to completing performance of the terms and conditions of this Contract, the Design Engineer shall immediately notify the City and shall engage a Registered Professional Engineer acceptable to the City to complete performance of the promises and covenants contained herein. 6. The Design Engineer further covenants and agrees that he /she maintains and is covered by Professional Liability Insurance in limits of not less than those indicated in the following schedule: Project Cost Professional Liability Insurance Less than $500,000 $250,000 $500,000 - $1,000,000 $500,000 Greater than $ 1,000,000 $1,000,000 (Project Costs to be as defined in Section I of the attached Specifications for Urban Engineering Services) and that he /she will maintain same in continuous force and effect for a period of not less than three years from and after final acceptance of the project herein. 7. The Design Engineer further covenants and agrees to comply with Section I, Section II and Section III of the attached Standard Specifications for Urban Engineering Services and that these specifications become a part this contract. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives on the dates set for the below. Executed by the City of Owasso, Oklahoma, on the 5th day of June , 20_la_. Executed by the Design Engineer on the 15th day of May 2018. CITY OF OWASSO, OKLAHOMA a municipal corporation I _ ATTEST: Mayor - Chris Kelley City Clerk - Juliann M. Stevens APPROVED AS TO FORM: City Attorney - Julie Lombardi AOVED: YPublic Works Director DESIGN ENGINEER t De is gn Engineer BY Proiect Engineer Title ATTEST: lf�rs)'P- &a- Secretary ACC) O° CERTIFICATE OF LIABILITY INSURANCE DATE(MN DO YYYY) 08/3012017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER SAWYER- PHILLIPS & ASSOCIATES, INC 6666 S SHERIDAN STE. 220 TULSA OK 74133- cONTAcT Linda Lind - inIXONarie.En (918)794-4000 FAx ya).(918)6224477 E-MAIL IindaQsawyerphillips.com -ADDRESS INSURERISI AFFORDING COVERAGE HAIC 9101/2017 INSURER .Continental Casualty Comp 20443 S 2,000.000 INSURED AAB Engineering, LLC AAB Real Estate, LLC INSUR E .National Fire Insurance Co of Hartford 20478 INSURE�Travelers Casualty and Surety Company of America 31194 PO Box 2136 INSURER D' GENL AGGREGATE LIMIT APPLIES PER: X POLICY 0 jERCO{ LOC GENERALAGGREGATE $ 4,000,009 Sand Springs OK 74063- 11150909- S - COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VMICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR JJR- TYPE OFINSUMNCE ADO BURR C POLICY EFF POLICY E %P LIMITS B X COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR a Y X 6020689656 9101/2017 0910112018 FACHCCCURRENCE S 2,000.000 DAMAGETORENTED ISESJtE ! MED EXP (Any nementoati 5 300,000 S 5.900 PERSONAL &AOVINJURY S 2,000.000 GENL AGGREGATE LIMIT APPLIES PER: X POLICY 0 jERCO{ LOC GENERALAGGREGATE $ 4,000,009 PRODUCTS - COMPIOP AGG S S AUTOMOBILE LIABILITY ANY AUTO ALLOWNED SCHEDUIED HIRED SAUTOS NON - -OWNED AUTOS COMBINED SINGLE UMIT BODILY INJURY(Perpenan) S S BODILY INJURY (PerarntlenU 3 PROPERTY DAMAGE vrdonn S 5 UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMBMADE EACH OCCURRENCE AGGREGATE S S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YYY III NNN ANY PROPRIETORRARTNEWEXECUTNE I IHIA OFFICEPRAEMBER EXCLUOEDt n (Mandataryln NH) II pa.R,legor It n"n NOFOPERARONS X 6020689723 9/0112017 09/0112018 X I PER IT, I I OTH- E.L. EACH ACCIDENT S 1,000,000 E.L DISEASE- EA EMPLOYEE S 1,000,000 E.L.D R EASE- POUCYLIM 1,000,000 C Professional Errors & Omissions Y X 0106153553LC 9/0911017 9/0912018 Each Occurrence 2,000,000 Aggregate 2,000,000 DESCMPnONOFOPERATIONS ILOCATIONSIVEHICLES (ACORD 101, Additional Romano; SOhedula, may Ito aaaahad it moo space U requlmd) City Of Owasso Public Works Department 301 West 2nd Avenue PO Box 180 Owasso SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. OK 74055- AUmORIZEO REPRESENTATIVE �- r L NFiOr/� b✓ ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD REAL People • pEAL Eluracmr •REAL Commonly TO: The Honorable Mayor and City Council City of Owasso FROM: Linda Jones, Finance Director SUBJECT: FY 2018 -19 Budget Public Hearing DATE: June 1, 2018 BACKGROUND The Municipal Budget Act establishes definitions and other requirements for budgetary accounting. Among the requirements is a public hearing by the governing body of the proposed budget. The public hearing is to be conducted no later than fifteen days before the end of the fiscal year. Notice of the hearing with the proposed Budget Summary must be published five days before the hearing. The attached notice was published in the Owasso Reporter on May 23 and May 30, 2018. FY 2018 -2019 PUBLIC HEARING: The public hearing for the FY 2018 -2019 Budget proposal is scheduled during the June 5, 2018 Council meeting and provides an opportunity for comments about the proposed budget from the public and the City Council. TIMELINE: The proposed budget will be listed on the June Work Session agenda for additional Council discussion. A resolution requesting approval of the FY 2018 -19 budget will be on the June 19, 2018, agenda. ATTACHMENT: Notice of Public Hearing 4nSM Published in the Owasso Reporter, Owasso, Tulsa Coun- ty, Oklahoma, May 23 & 30, 2018. NOTICE The Owasso City Council will hold a public hearing on the Proposed FY 2019 Annual Operating Budget during the Owasso City Council meeting at 6:30 Pm on June 5, 2018 In the Council Chambers at Old Central, 109 N Birch. The Proposed budget is available for inspection at City Hall, the Owasso Library, and on -line at www.cityof awasso.com . City of Owa.SO - Proposed Budget Summary Fiscal Year 2018 -2019 $evenue by Fund & Source General Fund - Taxes 28,119,250 Licenses & Permits 239,835 iovemmental 1,584,399 es & Fees 730,260 & Forfeitures 406,550 112333 unit Transfers In 16,]51,]14 my Sales Tax Funtl - 4,206,8850 40,0]5 ice Service Fund - es & Fees 1,906,160 050 Ice Capital Fund.- as 8 Fees 34,565 4,175 na- es & Fees 2]3,1]5 ,600 Y Care Funtl- - as 8 Fee 800 xy Siren Fund- ;as & Permits 5,000 210 Court Funtl- & Forfeitures 2,650 zso x Fund - 418,083 7,150 aer Management Fvntl- es 8 Fees 1,160,350 11,70 emental Financing - Tax 100,000 lorem Tax 100285 265 ax fund- 4,627,500 244,400 er Funtl - �es 8 Permits i.s & Per 80,000 500 ment Grants Funtl - overnm 128,827 mprove men fs Funtl - 3],600 mtl Transfers In 4,353,845 age Fund- - es & Fees 620,450 mote Fund- as & Fees 6,306,607 3,900 I Transfers In 5],4]6 unit - 9,16 venues 73�. Si 2'"bDZ 306,938 815,131 ]]9,238 511,]92 800,625 430,609 MAU 5,651,185 1,081,128 201,]83 5,]29,593 124,]23 822,236 929,515 642,289 112449 642,8]4 393,55] 263,949 28,5)1 158,]44 ary ices 1,]46,9]5 vices 898,612 Healthcare 1,376,012 Fund— 3,961,000 Service Fund— 1,868,493 Capital Fund- 388,820 General Fund Transfer to OPGA 258,455 :are Fund. 1,850 Siren Fund— 1,937 ,urt Fund— 10,000 =uad- Ic Oevelppment 172,410 eighborhopd 100,791 Management Fund— 1,164,447 opmenl Fund 50,000 orovements Grants Fund— 128,827 orovements Fund­ 4,547,907 e Fund- 597,799 Worxers• Coma 543,900 Gen Prop Ciab 325,000 Healthcare 51000,919 Subtotal Expenditures 45,791,564 Interfund Transfers Out — General Fund Transfer to OPWA 25,241,000 General Fund Transfer to OPGA 017,380 Half -Penny Transter to OPWA TIF Transfer to OPWA 200,285 Sinking Fund Transfer to Self-insurance Fund 57,476 Stormwater Transfer to OPW A Total Expenditures and Transfers 72. 107,705 REAL PeaPlo - REAL Character- REAL Community TO: The Honorable Mayor and City Council City of Owasso FROM: David Hurst Fire Chief SUBJECT: Ordinance 1130 Part 13, Public Safety - Fire Department Enforcement DATE: June 1, 2018 BACKGROUND: The City of Owasso Code of Ordinances Part 13, Public Safety, Section 13 -102, Fire Department to Enforce the Code, establishes the Fire Department's authority to enforce the current fire prevention code. Enforcement is made through the Fire Marshal's office under the supervision of the Fire Chief. Currently, the Owasso Fire Marshal and Deputy Fire Marshal review building and sprinkler plans, perform required yearly building inspections, and assess other code compliance areas. While most of the commercial properties and construction contractors comply with the code, there are unfortunately some who do not and are often repeat offenders. Staff is requesting to amend Part Thirteen, Public Safety, Chapter One, Fire Prevention Code, Section 13 -102, Fire Department to Enforce Code, of the Code of Ordinances of the City of Owasso, Oklahoma for clarification on fire code enforcement and to provide language for the issuance of citations for code violations. PROPOSED AMENDMENT: Staff is proposing to amend Section 13 -102, Fire Department Enforcement by replacing the current language with the following: A. The Fire Chief of the Owasso Fire Department and designees may be authorized to issue a citation for violations of the Fire code as adopted in Section 13 -101 of the Owasso Code of Ordinances and for violations of such other provisions within the Owasso Code of Ordinances that may be appropriate. The citations shall state the date, location, and violation and shall direct the defendant to appear in the Owasso Municipal Court on a designated day and /or pay the required fine by the designated court date. The citation shall state that if the defendant fails to appear within the time specified or pay the fine, a warrant for failure to appear or failure to pay may be issued, which may result in the defendant being arrested. B. The Fire Chief may appoint members of the Fire Department as inspectors as needed. ATTACHMENTS: Current Language in Section 13 -102 Ordinance 1130 Current language contained in the Code of Ordinances ARTICLE A FIRE PREVENTION SECTION 13 -101 ADOPTION OF FIRE PREVENTION CODE There is hereby adopted by the city council for the purposes of prescribing regulations governing conditions hazardous to life and property from fire or explosion that certain code known as International Fire Code, latest edition, including Appendix Chapters B,C and D as published by the International Code Council, be and is hereby adopted as the Fire Code of the City of Owasso, in the State of Oklahoma for regulating and governing the conditions and maintenance of all property, buildings, and structures; by providing the standard for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of building and structures unfit for human occupancy and use and the demolition of such structures as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the city clerk's office of the City of Owasso are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in this ordinance. (Ord. No. 922, 7/01/08) SECTION 13 -102 FIRE DEPARTMENT TO ENFORCE CODE A. The fire prevention code shall be enforced by the fire department of the city, under the supervision of the fire chief of the fire department. B. The chief of the fire department may detail such members of the fire department as inspectors as may from time to time be necessary. CITY OF OWASSO, OKLAHOMA ORDINANCE 1130 AN ORDINANCE RELATING TO PART 13, PUBLIC SAFETTY, CHAPTER 1, FIRE PREVENTION CODE, AMENDING SECTION 13 -102, FIRE DEPARTMENT TO ENFORCE CODE, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AUTHORIZING THE FIRE DEPARTMENT TO ISSUE CITATIONS FOR CERTAIN CODE VIOLATIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT: SECTION ONE (1): Part Thirteen, Public Safety, Chapter One, Fire Prevention Code, Section 13 -102, Fire Department to Enforce Code, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended to read as follows: SECTION 13 -102 FIRE DEPARTMENT TO ENFORCE CODE A. The Fire Chief of the Owasso Fire Department and designees may be authorized to issue a citation for violations of the Fire Code as adopted in Section 13 -101 of the Owasso Code of Ordinances and for violations of such other provisions within the Owasso Code of Ordinances that may be appropriate. The citations shall state the date, location, and violation and shall direct the defendant to appear in the Owasso Municipal Court on a designated day and /or pay the required fine by the designated court date. The citation shall state that if the defendant fails to appear within the time specified or pay the fine, a warrant for failure to appear or failure to pay may be issued, which may result in the defendant being arrested. B. The Fire Chief may appoint members of the Fire Department as inspectors as needed. SECTION TWO (2): REPEALER All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION THREE (3): SEVERABILITY If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION FOUR (4): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. Ordinance 1130 Page 1 of 2 SECTION FIVE (5): CODIFICATION The Chapter and Section above shall be amended and codified in Part 13, Chapter 1, Section 13 -102, in the Owasso Code of Ordinances. PASSED AND APPROVED this 5th day of June, 2018. Dr. Chris Kelley, Mayor ATTEST: Juliann M. Stevens, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney Ordinance 1130 Page 2 of 2 READ Paop.. • REAI CM1aadar REAL CommoNry TO: The Honorable Mayor and City Council FROM: H. Dwayne Henderson, P.E. City Engineer SUBJECT: Agreement for Electrical Facilities Relocation Verdigris Valley Electric Cooperative, Inc. - East 106th Street North and North 1451h East Ave Intersection Improvements DATE: June 1, 2018 PROPOSED ACTION: Staff is requesting City Council approval to enter into an agreement with Verdigris Valley Electric to relocate utility lines as part of the East 1061h Street North and North 145th East Ave Intersection Improvements Project. BACKGROUND: Verdigris Valley Electric lines are located in private easements owned wholly by Verdigris Valley Electric Cooperative, Inc. (VVEC), thus resulting in the necessity of an agreement to facilitate relocating of the lines and payment for said services. VVEC currently owns and operates approximately 9,000 linear feet electrical cable within the limits of the project. Of this total length, 100% is located within a private utility easement assigned to VVEC to serve the area. This line will need to be relocated at an estimated cost to the City of $75,298.26 including material, labor, and contract administration. AGREEMENT FOR ELECTRIC FACILITIES RELOCATION: The Agreement (see attachment) contains language outlining the basis for the relocation costs and how VVEC will be reimbursed. A summary of the agreement's key points follows: • VVEC will include the costs for backfill and compaction of any trenches or holes within the right -of -way limits in the estimate of costs. The backfill will be placed and compacted to a density not less than that of the adjacent soil. • Any and all existing fencing that may require alteration during the utility relocation process shall be restored to its original condition during and after the time of utility relocation /rearrangement. • VVEC will prepare drawings showing its facilities with reference to the centerline of survey and /or the new or existing right -of -way lines • VVEC will submit to the City of Owasso, within six (6) months after satisfactory completion of rearrangement of their facilities under the Agreement, a claim for the actual costs. FUNDING: Funding is available in the project budget within the Capital Improvement Fund. RECOMMENDATON: Staff recommends authorization for the Mayor to execute the Agreement for Electrical Facilities Relocation between Verdigris Valley Electric Corporation and City of Owasso in an amount not to exceed $75,298.26 for the East 1061h Street North and North 1451h East Ave Intersection Improvements Project. ATTACHMENTS: Location Map Agreement CITY OF OWASSO P.O. 180 Owasso, OK 74055 918.272.4959 www.cilyofowasso.com E 106th STREET N & N 145TH E AVE INTERSECTION i i� uG'r ECTION N W E S d /M/=5 City of Owasso Utility Relocation Agreement Project No. Job Piece Utilities City Owasso THIS AGREEMENT, made and entered into by and between the City of Owasso and Verdigris Vallev Electric Cooperative, Inc. Address P.O. Box 219, Collinsville, OK 74021 Hereinafter called the "Utility Owner". WITNESS TO THAT WHEREAS, THE City of Owasso proposed to improve the East 106`" Street North & N 145`h East Avenue Intersection and such improvements will necessitate rearrangement of facilities by said Utility Owner and WHEREAS, it is understood that if said project is to be financed in part from funds appropriated by the United States or the State of Oklahoma and expended under their regulations, that acceptance of work and procedure in general are subject to Local and /or State Laws, Rules, Regulations, Orders and Approvals applying to it as a Local Project, and that costs for items entering into the improvement are reimbursable to the City of Owasso in such amounts and forms as are proper and eligible for payment. WHEREAS, it is understood that Title 69, O.S.§ 1205 and 1403 each as amended, define the extent to which the City of Owasso and the Utility Owner may be obligated in the costs of utility rearrangements, and the utility locations on all city streets and are governed by Regulations and Policies adopted by the City of Owasso for the protection and maintenance of the city streets, and for the safety of the city street users, and WHEREAS, the City of Owasso reserves the right to cancel this Agreement at any time prior to the beginning of the adjustment or relocation of the facilities of this Utility owner, and WHEREAS, THE City of Owasso agrees to pay the Utility Owner for the proportionate share of the actual cost to prepare approved preliminary engineering plans and estimates the City of Owasso request, if for any reason the City of Owasso Cancels this agreement. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the Utility Owner agrees: 1. To prepare a detailed estimate of the cost of work to be performed in accordance with the Oklahoma Department of Transportation's (ODOT) Right -of -Way & Utilities Division, Management Guide System, Volume I Utilities Policies and volume II Utilities Procedures, and such estimate of cost must be attached and be a part of this Agreement. The estimate will r' include: (1) The accounting system to be used in computing the relocation costs; (2) Credit for Expired Service Life setting forth therein the conditions on which such credit was determined or complete justification if the credit is not applicable; and (3) Whether equipment costs are developed from experience records; 2. To provide copies of the documents showing the private easements for all infrastructure to be relocated at 100% of the City of Owasso costs; 3. To include the costs for backfill and compaction of any trenches or holes within the right -of -way limits in the estimate of costs. The backfill will be placed and compacted to a density as directed by the Public Works Director or his designated representative, but will not be compacted to less than that of the adjacent soil. 4. Any and all existing fencing that may require alteration during the utility relocation process shall be restored to its original condition during and after the time of utility relocation /rearrangement. it is the responsibility of the utility owner to insure that the integrity of the fencing is not compromised at any time to an extent In which it prevents the fencing from performing its intended purpose. S. To prepare detailed drawings showing the present, temporary, and proposed location of its facilities with reference to the centerline of survey and /or the new or existing right -of -way lines using roadway stationing in both plan and profile. Delineate details, including date of installation, class, and type of present facility. To comply with all applicable laws and regulations necessary to meet the Oklahoma Department of Environmental quality (DEQ) requirements for pollution prevention, including discharges from storm water runoff on this project. Further, agrees to secure a Storm Water Permit from the DEQ when required. It is agreed that the project plans and specifications, required schedules for accomplishing the temporary and permanent erosion control work, the storm water pollution prevention plans and the appropriate location map contained in the plans constitute the Storm Water management Plan for the project previously described in the document. Agrees to have daily operational control of those activities, at the site, necessary to ensure compliance with the plan requirements and permit conditions. Agrees to file the Notice of Intent (NOI), when required, for a general construction Oklahoma Pollutant Discharge Elimination System Permit with DEQ which authorizes discharge of storm water associated with construction activity from the project site identified in this document. Such drawings will be attached to and become a part of this agreement. 6. To begin the process of adjustment or relocation of the facilities as shown on the plans and covered by this Agreement within a reasonable time, depending on the availability of material and work forces, but the actual time must not exceed thirty (30) days after receipt of notice from the City of Owasso to do so, and in no event proceed with any adjustment or relocation work until such notice is received. To inform Owasso Public Works Director or his designated representative of: (1) The proposed starting date, prior to commencing work and continually maintaining liaison with his /her office for the duration of the physical relocation; (2) The materials to be disposed of by scrapping, or sale, and to inform him /her of a time and place for his /her inspection thereof, (3) The date work is completed. IN WITNESS WHEREOF, the parties hereto have caused this Utility Relocation Agreement to be executed by their duly authorized officers on the day and year last below written. 6/5/18 City of Owasso Mayor (Date) Chris Kelley 6/5/18 City of Owasso Attorney (Date) Julie Lombardi ATTEST: 6/5/18 City Clerk (Date) Juliann M. Stevens Verdigris Valley Electric Cooperative, Inc. Name: Utility Owner 01A !I'l4 zut 4 -27 -18 Signature: Utlli4 Owner /Agent (Date) VERDIGRIS VALLEY ELECTRIC COOPERATIVE P.O. BOX 219 COLLINSVILE, OKLAHOMA 74021 Utility Line Relocation Estimate for City of Owasso 106`" & 145`" Widening Tulsa end Rogers County COOPERATIVE WORE ORDER #: 18- 1039 -18- 1039 -R Existing electric utility lines are in conflict with the construction of the intersection widening of 106`h and 145th. This proposed project is located in Section's 9,10,15 & 16, Township 21 North, Range 14 East, in Tulsa County and Rogers County.. Proposed plans of adjustments are on the attached drawings. No, betterment's are included in the proposal. Existing power lines are on private right -of -way, with re- arrangement costs apportioned as follows: Cooperative's Financial Responsibility = 000.00$ City's Financial Responsibility = 100.008 Retirement costs exceed salvage value, but since abandonment of the existing facilities could cause a potential hazard, the existing facilities will be removed and salvage value will be given. All costs will be accounted for under established RUS Work Order procedure accounting methods. Engineering work will be performed in -house by Verdigris Valley Electric Cooperative staff. Construction work is to be performed by Verdigris Valley Electric Cooperative crews or qualified In -House Contract Crews. Power lines can not be removed from service except for tie - in purposes. SMOARY OF COSTS Total Net Charges $76,226.48 Less Salvage Value $928.22 Percentage City's Financial Responsibility X 100.00% TOTAL REn4BURSABLE COST $75,298.26 Prepared and submitted by Keith DeLozier, April 27, 2018 Cost New Construction Labor Schedule: $15,756.54 Material Schedule: $29,421.30 Retirement Labor Schedule: $3,588_64 Engineering Cooperative Engineering $4,000.00 Right -of -way Clearing $2,000.00 Boring and Trenching $21,460.00 Total Net Charges $76,226.48 Less Salvage Value $928.22 Percentage City's Financial Responsibility X 100.00% TOTAL REn4BURSABLE COST $75,298.26 Prepared and submitted by Keith DeLozier, April 27, 2018 VERDIGRIS VALLEY ELEC'T'RIC Revision: 69093 14/19/2018 9:54:17 am WORK ORDER Page: I ESTIMATE SUMMARY Work Order: 0002 'Open Dole: pmlecl: Revision: 0 Dese: ESTIMATE ONLY Type: Now Construction ''. Status: Estimate Tren Type: Construction Assembly Unit Ilcsoiplion Rate Group Sacked By: Rel By: Rel Date: Qly/ Labor llrs Total flours FI%.dJ Amount Mop Location:0 Scrvlce Location; 0 Customer: Material I Cast Overhead Labor Cost Overhead Total Call 81 /0 PRI CC 3,270.000 III /O Primary Cable Can 2 -2 MAN CREW 0.0030 9.8100 0.00 9,461.75 4,257.79 412.02 1,104.21 15,235.77 0131 1.000 VA501 /0 4 -4 MAN CRRW 0.5334 0.5334 0.00 32.05 14.43 39.74 106.50 192.72 0303 2.000 VC10/0 4 -4 MAN CREW 0.5000 1.0000 0.00 208.31 93.73 74.50 199.66 576.20 0382 3.000 VC7AN4 /0 4 -4 MAN CREW 0.8700 2.6100 0.00 826.52 371.93 194.45 521.13 1,914.03 0400 2.000 VC9-2N4N 4 -4 MAN CREW 0.9500 1.9000 0.00 557.30 250.77 141.55 379.35 1,328.97 388A 2.000 VCBAN4 10 4 -4 MAN CREW 0.9000 118000 0.00 783.07 352.37 134.10 359.39 1,629..93 7006 2.000 K14 I - 1 MAN CREW 0.2550 0.5100 0.00 6.51 2.93 11.48 30.77 51.69 7009 4.000 VM2.11 3 -3 MAN CREW 0.2500 1.0000 0.00 88.81 39.97 59.00 158.12 3,15.90 7010 -6.000 VM2 -12 3 -3 MAN CREW 0.2500 1.5000 0.00 94.73 42.63 88.50 237.18 463.04 7050 19.000 VEI -3 2 -2 MAN CREW 0.7500 14.2500 0.00 337.06 151.67 598.50 1,603.98 2,691.21 7064 1.000 35.4 POLE 4.4 MAN CREW 0.7050 0.7050 0.00 188.02 84.61 52.52 140.75 465.90 7067 8.000 40 -3 POLE 4 -4 MAN CREW 0.5800 4.6400 0.00 2,150.12 967.55 345.68 926.42 4,389.77 7069 1.000 - 45 -3 POLE 4 .4 MAN CREW 0.7000 0.7000 0.00 312.69 140.71 52.15 139.76 645.31 7085 35.000 91 /OTIIIPI.E% 4 -4 MAN CREW 0.0016 0.0560 0.00 26.36 11.86 4.17 11.18 53.57 7093 - 2,280.000 It1 /06/1 ACSR 4 -4 MAN CREW 0.0015 3.4200 0.00 428.87 192.99 254.79 682.84 1,559.49 7094 1,440.000 114/06/1 ACSR 4 -4 MAN CREW 0.0015 2,1600 0.00 555.12 249.80 160.92 431.27 1,397.11 *1 - Inventory / sE - Exempt Inventory / sN - Nmd.wcntory, assig,ed through Work Order> Work Order> Assign Item and/or SAO Factor calculated on Assembly Unit(a). These contain Item costs only. 38025 /pntrialemploR/ncon.40. 1 A O-ES'1'IMATB-SIIMMARY.xml rpl mbarnhart VERDIGRIS VALLEY ELECTRIC Revision: 69093 4/19/2018 9:54:17 am WORK ORDER Page:2 ESTIMATE SUMMARY Vosk Order: 0002 - Olxm Date: Project: Rovlslon: 0 Slaked By: Mop Location:0 Dese: 1113"HMATH ONLY Red By: Service Location:0 'type: New Conslnmlion Rol Dale: Customer: Status: Eslimnlo Trnn'1'ypc: Conslroction A:mmnbly Unit Rnm Qly/ 'Pohl Fixml Material I Labor Description Croup Labor lire Hours Amount Coss Ovcrbead Cost Overhead Total Carl 3620 1.000 VO134 -25 2 -2 MAN CREW 0.5000 0.5000 0.00 14.27 6.43 21.00 56.28 97.98 8052 Two 111 -3 2 -2 MAN CREW - 0.7500 5.2500 0.00 185.76 93.60 220.50 590.94 1,080.80 8053 8.000 FI.4 2 -2 MAN CREW 0.7500 6.0000 0.00 653.17 293.93 252.00 675.36 1,874.46 UC I 3.000 Three Phmo Cable Terminal Pole 4 -4 MAN CREW 4.0000 12.0000 0.00 2,109.92 949.47 894.00 2,395.92 6,349.31 UN133 1.000 Mulll Phuso Primary Encloser 4 -4 MAN CREW 3.4000 3.4000 0.00 1,247.57 561.41 253.30 678.84 2,741.12 UM48 -2 1.000 Omund For Mulli -Phum Pad Transformer 2.2 MAN CREW 0,4000 0.4000 0.00 2158 10.16 16.80 45.02 94.56 Total For Construction Assembly Units: 74.1444 0.00 20,290.56 9,130.74 4,281.67 11,474.87 45;177.84 I - Inventory / T - Exempt Inventory /'N - Noninventory assigned through Work Order> Work Order a Assign Item and/or SAG Faclur calculated on Asscmhly Unil(s). These contain item rmsts only. 38025 /prNrpllemploldott12.90.1Aw/WO pS'I'IMATE_90MMARY.xml.rpt m1manim t REAL People • REAL Oha , REAL CommeNry TO: Honorable Mayor and City Council City of Owasso FROM: Michele Dempster Human Resources Director SUBJECT: City Attorney Employment Agreement DATE: June 1, 2018 BACKGROUND: Subsequent to Executive Sessions for the purpose of discussing the annual evaluation and employment agreement with City Attorney, Julie Lombard, a proposed employment agreement was developed. The proposed agreement is effective July 1, 2018 and contains language that continues employment into Fiscal Year 2019 -2020 upon Council approval of funding for the second year. The proposed agreement increases compensation from $120,000 to $125,000 annually, as well as incorporates the 2017 -18 amendment approved by Council providing Ms. Lombardi with a city laptop. PROPOSED ACTION: Presented for your consideration is an employment agreement between the City and City Attorney, Julie Lombardi. Outside attorney Keith Wilkes has reviewed the proposed agreement. ATTACHMENT: Agreement between City of Owasso and City Attorney, Julie Lombardi I oIu mR1114-url Din K. to-99 01 o&u r DUS I This EMPLOYMENT AGREEMENT ( "Agreement ") is hereby made and entered into this 5 "' day of June, 2018, by and between the City of Owasso, Oklahoma, a municipal corporation, acting by and through its duly elected City Council ( "Owasso "), and Julie Lombardi ( "Lombardi ") (collectively "Parties "). WHEREAS, Owasso desires to employ the services of Julie Lombardi as City Attorney of and for Owasso, and the City Council desires, on behalf of Owasso, to provide certain benefits, establish certain conditions of employment, and to set working conditions for Lombardi; WHEREAS, Owasso wishes to secure and retain the professional services of Lombardi and to provide an inducement for Lombardi to remain in such employment; WHEREAS, it is the desire of Owasso to make possible full work productivity and the exercise of professional judgment by assuring Lombardi's morale and peace of mind with respect to future security; and, WHEREAS, Lombardi desires to accept employment as City Attorney of the City of Owasso, Oklahoma, subject to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: 1. DUTIES. Owasso under the terms and conditions hereof, hereby employs Lombardi, and Lombardi hereby accepts employment as City Attorney of Owasso, to perform the functions and duties specified in the Charter and Ordinances of Owasso, and to perform other proper legal tasks, duties and functions as Owasso, by and through its City Council, shall assign from time to time. 2. TERM. A. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Council to terminate the services of Lombardi at any time as provided in Section 2 -104 of the Code of Ordinances of Owasso, Oklahoma, as well as Section Four (4) of this Agreement. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Lombardi to voluntarily terminate her employment with Owasso at any time, subject only to the provisions contained in Section Six (6) of this Agreement. C. The Term of this Agreement shall be from July 1, 2018, until June 30, 2020. It is specifically understood that the Parties will take such actions as are necessary to comply with the Oklahoma constitutional debt limitations applicable to municipalities in the State of Oklahoma. Accordingly, any provisions of this Agreement requiring the appropriation of monies by the municipality for Fiscal Year 2019 -2020, or any other succeeding fiscal year, shall be subject to the express approval of the City Council. 3. COMPENSATION. A. Base Salary. Owasso agrees to pay Lombardi an annualized base salary of One Hundred Twenty - Five Thousand Dollars ($125,000). B. Benefits. Owasso shall provide Lombardi with the same benefits of employment provided to general employees of Owasso, unless specifically modified herein, subject to the requirements of any such benefit plan or policy. Such benefits include, but are not limited to, group health, dental, and life insurance benefits, and OMRF retirement programs. C. Dues. Owasso shall budget for and pay professional dues, continued legal education expenses and costs, and subscriptions necessary for Lombardi to maintain and continue full admission and participation in national, regional, state and local associations, including, but not limited to, the Oklahoma Bar Association, the Tulsa County Bar Association, the Oklahoma Association of Municipal Attorneys, and any other such professional organization necessary and desirable for Lombardi's continued professional licensing and admissions, participation, growth, and advancement for the good of Owasso. D. Paid Leave. Owasso agrees to provide Lombardi all forms of paid leave extended to other general employees of Owasso, including but not limited to paid holidays, vacation and sick leave. Accrued vacation leave shall be paid to Lombardi upon termination of employment, whether voluntary or involuntary, as provided for under Oklahoma law. E. Laptop /Mobile Technology. Recognizing the importance of security and access to City systems, whether at the office or away, Owasso shall provide Lombardi, a laptop /tablet, mobile connectivity, and related software, for the primary purpose of City related use. Upon termination of Lombardi's employment, issued laptop /tablet and mobile connectivity device shall be returned to Owasso. 4. TERMINATION. A. By Owasso. Owasso may terminate the employment of Lombardi, with or without cause, by providing Lombardi with a minimum twenty (20) day written notice of said action hand delivery, certified or registered mail, return receipt requested. Subject only to the restrictions stated in Sub - Section ii, below, in the event of involuntary termination by Owasso while Lombardi is ready, willing and able to perform the duties of City Attorney, Owasso shall pay Lombardi six (6) months of severance pay in equal monthly installments, plus one additional month per fiscal year of completed employment by Lombardi with Owasso, not to exceed a combined twelve (12) months. The monthly severance payment will be an amount equal to Lombardi's regular salary and benefits at the time of the termination, less any applicable and required payroll withholdings. i. In the event of Lombardi's death at any time during the severance period, the balance of the severance payments shall be paid to Lombardi's designated beneficiary. In the event of Lombardi's death during her regular employment, severance pay shall not be due or owing. H. The Parties expressly agree no severance payment shall be paid if Lombardi is terminated "for cause" during the term of this Agreement. "For cause" includes, but is not limited to, gross neglect of duty, malfeasance, misfeasance or the conviction or plea of guilty for or to any felony or crime of moral turpitude. iii. The Parties acknowledge and agree certain circumstances may arise where, to avoid adverse publicity to Owasso, its City Council and /or Lombardi, Lombardi may tender her resignation from employment conditioned upon the receipt of severance pay as described in Section 4(A), above. Should the City Council accept the conditional resignation, then 01 upon submission of a properly executed claim in the amount of such severance pay, the Council shall approve the claim for payment. B. By Employee. Lombardi may voluntarily terminate her employment with Owasso by directing at least sixty (60) days written notice of termination to the Mayor of Owasso, via hand - delivery, certified or registered mail, return receipt requested. In event of the voluntary termination by Lombardi, no severance pay shall be due and owing to Lombardi. Nothing in this Sub - Section shall interfere or conflict with Lombardi's rights or Owasso's obligations under Section 4(A)(iii), above. 5. CONSTRUCTION. Parties acknowledge the terms of this Agreement have been equally bargained and negotiated for, and further agree the legal presumption of construing any ambiguity in the Agreement against the drafter shall not apply. '+�.yS►�L 7 4�1�'� The Parties agree that if any section, sub - section, or part of this Agreement is deemed to be void or voidable by a court of competent jurisdiction, the remaining section, sub - sections and terms and conditions of this Agreement shall survive. VENUE. If a legal dispute arises between the Parties, Owasso and Lombardi agree any and all litigation arising out of such dispute, if any, shall rest only in Tulsa County District Court for the State of Oklahoma. IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above. JULIE LOMBARDI Julie Lombardi ATTEST: Juliann M. Stevens, City Clerk CITY OF OWASSO Chris Kelley, Mayor Approved as to form and legality on the day of May, 2018. Keith Wilkes, Attorney REALPeople•"'LChar 5.- REALCommunity TO: The Honorable Mayor and City Council City of Owasso FROM: Michele Dempster Human Resources SUBJECT: City Manager Employment Agreement Amendment DATE: June 1, 2018 BACKGROUND: In June 2017, the City Council approved a two -year agreement with City Manager, Warren Lehr. Fiscal year 2018 -2019 is the second year of the two -year agreement. An annual performance review process was initiated in April for Mr. Lehr. The evaluation process included an online evaluation completed by City Council and department directors. In addition, individual interviews with department directors and City Council were conducted by an independent third party. An overview of the evaluation was presented to the City Council on May 8. Subsequent to an Executive Session for the purpose of discussing the annual employment evaluation and personnel matters of the City Manager, a proposed Amendment to the current agreement has been prepared increasing base compensation from $145,000 to $152,000. PROPOSED ACTION: Presented for your consideration is a First Amendment to the agreement between the City and City Manager, Warren Lehr. The City Attorney has reviewed and approved the proposed amendment. ATTACHMENT: First Amendment to Employment Agreement between City of Owasso and City Manager, Warren Lehr FIRST AMENDMENT TO EMPLOYMENT AGREEMENT This AMENDMENT TO EMPLOYMENT AGREEMENT is made and entered into on this 5th day of June, 2018, by and between the City of Owasso, Oklahoma, a municipal corporation, hereinafter called "City," and Carl "Warren" Lehr, hereinafter called "Manager." Whereas, the Employment Agreement was originally executed by the parties on June 6, 2018, and both City and Manager hereby desire on this date to amend Section 3 -A of the Agreement to read as follows: 3 (A). Salary Beginning July 1, 2018, the City agrees to pay the Manager an annual base salary of One Hundred Fifty -Two Thousand Dollars ($152,000). IN WITNESS WHEREOF, the, parties have executed this Agreement on the day and year first written above. ATTEST Juliann M Stevens, City Clerk CITY OF OWASSO, OKLAHOMA Chris Kelley, Mayor MANAGER Warren Lehr Approved as to form and legality on the 5th day of June, 2018. Julie Lombardi, City Attorney Department 105 Municipal Court 110 Managerial 120 Finance 130 Human Resources 160 Community Development 170 Engineering 175 Information Systems 181 Support Services 190 Cemetery 201 Police Grant Overtime 215 Central Dispatch 221 Animal Control 280 Emergency Preparedness 370 Stormwater /ROW Maint. 515 Park Maintenance 520 Culture /Recreation 550 Community- Senior Center 580 Historical Museum 710 Economic Development CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 05112118 Payroll Expenses Total Expenses 5,921.09 8,758.13 34,359.80 44,992.68 17,568.08 26,033.77 8,579.97 13,407.21 18,043.61 28,306.46 18,102.34 27,313.85 14,523.21 21,955.77 8,678.95 12,995.67 1,398.74 2,080.75 3,460.92 3,506.79 23,081.98 39,542.25 4,115.54 6,016.15 2,115.38 3,359.03 6,946.16 9,953.23 7,880.92 12,498.41 8,056.97 12,642.40 5,025.81 6,842.72 664.40 745.98 3,496.85 5,246.40 General Fund Total 192,020.72 286,197.65 185 Garage Fund Total 7,301.56 11 644.54 255 Ambulance Fund Total 553.85 621.86 250 Fire Fund 37 Total 161,891.46 242,211.85 201 Police Fund 38 Total 146,693.14 223,041.28 300 Streets Fund 39 Total 14,958.30 25,013.00 370 Stormwater Fund 27 Total 2,105.02 3,287.88 150 Worker's Compensation Total 7,445.88 8,873.56 720 Strong Neighborhoods Total 3,946.48 5,729.73 CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 05/26118 Department Payroll Expenses Total Expenses 105 Municipal Court 5,186.75 7,869.14 110 Managerial 19,974.58 28,399.23 120 Finance 18,443.08 27,021.18 130 Human Resources 8,467.98 13,255.80 160 Community Development 17,993.59 28,202.64 170 Engineering 17,591.65 26,743.27 175 Information Systems 15,308.21 22,875.70 181 Support Services 7,264.41 10,220.22 190 Cemetery 1,369.67 2,050.20 201 Police Grant Overtime 1,568.98 1,590.23 215 Central Dispatch 29,357.15 46,132.89 221 Animal Control 3,825.06 5,683.34 280 Emergency Preparedness 2,115.38 3,352.23 370 Stormwater /ROW Maint. 8,488.23 11,670.06 515 Park Maintenance 7,910.81 12,534.21 520 Culture /Recreation 7,933.91 12,505.14 550 Community- Senior Center 4,773.30 6,548.84 580 Historical Museum 664.40 745.98 710 Economic Development 3,446.85 5,192.57 General Fund Total 181,683.99 272,592.87 185 Garage Fund Total 7,301.56 11 633.07 255 Ambulance Fund Total 553.85 621.86 250 Fire Fund 37 Total 160,961.62 241,965.07 201 Police Fund 38 Total 217,177.81 294,980.17 300 Streets Fund 39 Total 15,851.39 26,077.93 370 Stormwater Fund 27 Total 2,105.01 3,287.87 150 Worker's Compensation Total 4,695.37 5,571.57 720 Strong Neighborhoods Total 3,891.76 5,669.45 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 5/31/18 VENDOR DESCRIPTION AMOUNT AETNA HEALTHCARE MEDICAL SERVICE 69,412.77 HEALTHCARE MEDICAL SERVICE 32,006.67 HEALTHCARE MEDICAL SERVICE 51,740.93 HEALTHCARE MEDICAL SERVICE 48,822.02 ADMIN FEES 13,951.47 HCC LIFE INSURANCE STOP LOSS FEES 45,933.03 HEALTHCARE DEPT TOTAL 261,866.89 DELTA DENTAL DENTAL MEDICAL SERVICE 6,909.60 DENTAL MEDICAL SERVICE 6,401.30 DENTAL MEDICAL SERVICE 3,754.33 DENTAL DEPT TOTAL 17,065.23 VSP VISION MEDICAL SERVICES 2,473.54 ADMIN FEES 1,152.16 VISION DEPT TOTAL 3,625.70 HEALTHCARE SELF INSURANCE FUND TOTAL 282,557.82