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HomeMy WebLinkAbout2020.03.17_City Council Agenda_AddendumADDENDUM Notice of Addendum filed in the office of the City Clerk and posted at City Hall, 200 South Main Street, at 5:00 pm on Monday, March 16, 2020. uliann M. Steven ,City Clerk The following is submitted as an addendum to the Owasso City Council Agenda filed on Friday, March 13, 2020. Items numbered 1- 6 shall remain the same; items numbered 7 -21 shall be renumbered 8 -22; and a new number 7 shall read as follows: Consideration and appropriate action relating to Resolution 2020 -10, declaring the existence of a civil state of emergency in the City of Owasso effective immediately upon passage of said Resolution until 6:30 PM on April 14, 2020, or unless terminated earlier by further Resolution Warren Lehr Staff recommends approval of Resolution 2020 -10. RECEIVED MAR 16 2020 City Clerk's PUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL Council Chambers, Old Central Building 109 North Birch, Owasso, OK 74055 Regular Meeting Tuesday, March 17, 2020 - 6:30 pm 1. Call to Order Mayor Chris Kelley 2. Invocation Pastor Scott Carlson of The Refuge Owasso 3. Flag Salute 4. Roll Call City Cterk s "�Cp 5. 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 - March 3, 2020, and March 10, 2020, Regular Meetings B. Approve claims C. Accept public infrastructure improvements at Trident Aquatics, located at 10001 North 127th East Avenue - concrete approaches, sidewalk, stormwater infrastructure, and fire hydrant including all appurtenances D. Accept public infrastructure improvements at Abbott Farms Phase II, located north of East 106th Street North, just east of North Mingo Road - asphalt roadways, sidewalk, stormwater infrastructure, water and sanitary sewer system improvements 6. Consideration and appropriate action relating to items removed from the Consent Agenda 7. Consideration and appropriate action relating to a professional services agreement with Municipal Finance Services, Incorporated for services pertaining to the financing of capital improvement projects Linda Jones Staff recommends approval of the Professional Services Agreement between the City of Owasso and Municipal Finance Services, Incorporated and authorization for the Mayor to execute the necessary documents. 8. Consideration and appropriate action relating to Ordinance 1163, closing to the public c portion of a utility easement located in the general location of 11422 North 134th East Avenue Brian Dempster Staff recommends adoption of Ordinance 1163. Consideration and appropriate action relating to a Final Plat for Hawthorne at Stone Canyon, Phase I, approximately 10.43 acres located south and west of the intersection of East 76th Street North and North 193rd East Avenue Brian Dempster Staff recommends approval of the Final Plat for Hawthorne at Stone Canyon, Phase I. Owasso City Council March 17, 2020 Page 2 10. Consideration and appropriate action relating to a Final Plat for Time to Shine, approximately 4.09 acres located at 11515 East 96th Street North Brian Dempster Staff recommends approval of the Final Plat for Time to Shine. 11. Consideration and appropriate action relating to a Final Plat for Replat of Lot 2 Block 2, Owasso Business Park Kum and Go #1858, approximately 1.07 acres located at 502 East 2nd Street Brian Dempster Staff recommends approval of the Final Plat for the Replat of Lot 2, Block 2 of Owasso Business Park Kum and Go #1858. 12. Consideration and appropriate action relating to Resolution 2020 -09, requesting assistance from the Tulsa County Community Development Block Grant (CDBG) Urban County Program, approving an application identifying the installation of new sanitary sewer lines in the Hale Acres subdivision as the preferred project for the FY 2020 funding cycle Brian Dempster Staff recommends approval of Resolution 2020 -09 and authorization to execute the necessary documents. 13. Consideration and appropriate action relating to an Inter -local Agreement for street resurfacing and striping on East 76th Street North from North 145th East Avenue to North 193rd East Avenue Roger Stevens Staff recommends approval of the Inter -local Agreement between the City of Owasso and Rogers County in an amount not to exceed $173,845.00 and authorization to execute the necessary documents. 14. Consideration and appropriate action relating to an agreement for the relocation of utilities for the East 116th Street North Roadway Improvements from North 129th East Avenue to US HWY 169 Roger Stevens Staff recommends approval of a Utility Relocation Agreement between the City of Owasso and Washington County Rural Water District #3 for the relocation of a water line and all related appurtenances and authorization to execute the necessary documents. 15. Consideration and appropriate action relating to award a bid for parking lot improvements at Old Central, located at 109 North Birch Jake Ketner Staff recommends awarding the construction bid to Stronghand, LLC of Broken Arrow, Oklahoma, in the amount of $183,195.30, and authorization to execute the necessary documents. 16. Report from City Manager 17. Report from City Attorney 18. Report from City Councilors Owasso City Council March 17, 2020 Page 3 19. Official Notices to Council (documents for acknowledgment of receipt or information only, no discussion or action will be taken) Payroll Payment Report - pay period ending date February 29, 2020 Health Care Self- Insurance Claims - dated as of March 12, 2020 Monthly Budget Status Report - February 2020 20. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 21. Adjournment Notice of Public Meeting filed in the office of the City Clerk on Friday, December 13, 2019, and the Agenda posted at City Hall, 200 South Main Street, at 6:00 pm on Friday, March 13, 2020. ?01'i n M. Stevens, Clerk The City of Owasso encourages cifaen 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, March 3, 2020 The Owasso City Council met in regular session on Tuesday, March 3, 2020, in the Council Chambers at Old Central, 109 North Birch, Owasso, Oklahoma, per the Notice of Public Meeting filed Friday, December 13, 2019; and the Agenda filed in the office of the City Clerk and posted at City Hall, 200 South Main Street, at 6:00 pm on Friday, February 28, 2020. 1. Call to Order Mayor Chris Kelley called the meeting to order at 6:30pm. 2. Invocation The Invocation was offered by Reverend Bruce McCarty of Owasso First Assembly. 3. Flag Salute Councilor Lyndell Dunn led the flag salute. 4. Roll Call Present Vice -Mayor - Bill Bush Councilor- Doug Bonebrake Councilor - Lyndell Dunn Councilor - Kelly Lewis A quorum was declared present. Staff: City Manager - Warren Lehr Absent Mayor - Chris Kelley City Attorney - Julie Lombardi Vice Mayor Bill Bush recognized Boy Scouts from Troop 2002 and Troop 99. 5. Presentation of Character Trait Of Enthusiasm Dr. Amy Fichtner, Character Council Member, presented the character trait for the month of March. 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 - February 18, 2020, Regular Meeting B. Approve claims C. Declare the following vehicles as surplus disposal via auction: 2002 Mercury Grand Marquis 2005 Ford Expedition 2006 Ford Expedition 2007 Ford Explorer 2009 Ford Crown Victoria 2010 Ford Crown Victoria 2006 Coachman SE 30' DBD TT to the needs of the City and authorize (2MEFM74W52X667316) (1 FMPU 16565LA99596) (1 FMPU I6546LA68932) (1 FMEU63E57UA85212) (2FAHP71 V09X 109130) (2FABP7BV2AX112765) (1 TC26969X61510036) Mr. Bonebrake moved, seconded by Ms. Lewis to approve the Consent Agenda, as presented, with claims totaling $540,531.99. YEA: Bonebrake, Dunn, Lewis, Bush NAY: None Motion carried: 4 -0 Owasso City Council March 3, 2020 Page 2 7. Consideration and appropriate action relating to items removed from the Consent Agenda 8. Consideration and appropriate action relating to the purchase of police vehicles Scott Chambless presented the item, recommending approval to purchase two (2) Dodge Durangos, in an amount not to exceed $31,721.00 per vehicle, from Jim Glover Chrysler Dodge Jeep Ram Fiat of Owasso, Oklahoma, utilizing the State of Oklahoma approved contract #SW35 -4568. There were no comments from the audience. After discussion, Mr. Dunn moved, seconded by Ms. Lewis to approve the purchase, as recommended. YEA: Bonebrake, Dunn, Lewis, Bush NAY: None Motion carried: 4 -0 Consideration and appropriate action relating to the acceptance of and final payment for Redbud Festival Park, located at 109 North Main Street Larry Langford presented the item, recommending approval of Change Order No. 8 adjusting the final contract amount by calculating liquidated damages; acceptance of the Redbud Festival Park Project; and, authorization for final payment to Builder's Unlimited, of Tulsa, Oklahoma, in the amount of $51,801.37, resulting in a final contract amount of $2,331,563.87. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Ms. Lewis to approve the change order, accept the project, and authorize final payment, as recommended. YEA: Bonebrake, Dunn, Lewis, Bush NAY: None Motion carried: 4 -0 10. Consideration and appropriate action to award a construction bid for the East 116th Street North Roadway Improvements from North 129th East Avenue to US HWY 169 Daniel Dearing presented the item, recommending award of the bid to Crossland Heavy Contractors, Inc. of Tulsa, Oklahoma, in the amount of $5,096,000.00. There were no comments from the audience. After discussion, Ms. Lewis moved, seconded by Mr. Bonebrake to award the bid, as recommended. YEA: Bonebrake, Dunn, Lewis, Bush NAY: None Motion carried: 4 -0 11. Consideration and appropriate action relating to Resolution 2020 -06, authorizing . the marketing for sale and negotiation by the City Manager, or designee, of certain real property owned by the City of Owasso located at the northeast corner of East 96th Street North and North Mingo Road and containing approximately 438,469 square feet or 10.06586 acres, more or less Chris Garrett presented the item, recommending approval of Resolution 2020 -06. There were no comments from the audience. Mr. Bonebrake moved, seconded by Ms. Lewis to approve Resolution 2020 -06, as recommended. YEA: Bonebrake, Dunn, Lewis, Bush NAY: None Motion carried: 4 -0 Owasso City Council March 3, 2020 Page 3 12. Consideration and appropriate action relating to Resolution 2020 -07, authorizing the marketing for sale and negotiation by the City Manager, or designee, of certain real property owned by the City of Owasso located at the northeast corner of East 106th Street North and North Mingo Road and containing approximately 2 acres, more or less Chris Garrett presented the item, recommending approval of Resolution 2020 -07. There were no comments from the audience. Ms. Lewis moved, seconded by Mr. Dunn to approve Resolution 2020 -07, as recommended. YEA: Bonebrake, Dunn, Lewis, Bush NAY: None Motion carried: 4 -0 13. Consideration and appropriate action relating to Resolution 2020 -08, authorizing the marketing for sale and negotiation by the City Manager, or designee, of certain real property owned by the City of Owasso located south of East 106th Street North and east of US 169 and containing approximately 30,552 square feet or 0.701 acres, more or less Chris Garrett presented the item, recommending approval of Resolution 2020 -08. There were no comments from the audience. Mr. Dunn moved, seconded by Mr. Bonebrake to approve Resolution 2020 -08, as recommended. YEA: Bonebrake, Dunn, Lewis, Bush NAY: None Motion carried: 4 -0 14. Report from City Manager Monthly Public Works Project Status Report Warren Lehr introduced Roger Stevens to provide the monthly Public Works project status report and discussion was held. Mr. Lehr reported on the usage of the Public Safety Training Complex and that representatives of Newcastle, Oklahoma were recently in Owasso to learn about the city's character initiative. 15. Report from City Manager None 16. Report from City Councilors Councilor Doug Bonebrake commented on the city's communication efforts to citizens with roadway project information and the upcoming neighborhood leadership workshop. 17. Official Notices to Council (documents for acknowledgment of receipt or information only, no discussion or action will be taken) The Vice Mayor acknowledged receipt of the following: • Payroll Payment Report - pay period ending date February 15, 2020 • Health Care Self- Insurance Claims - dated as of February 27, 2020 18. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) None 19. Adjournment Ms. Lewis moved, seconded by Mr. Bonebrake to adjourn the meeting. YEA: Bonebrake, Dunn, Lewis, Bush NAY: None Motion carried: 4 -0 and the meeting adjourned at 7:18 pm. Owasso City Council March 3, 2020 Page 4 Bill Bush, Vice Mayor Juliann M. Stevens, City Clerk OWASSO CITY COUNCIL, PUBLIC WORKS AUTHORITY, AND PUBLIC GOLF AUTHORITY MINUTES OF JOINT REGULAR MEETING Tuesday, March 10, 2020 The Owasso City Council, Owasso Public Works Authority (OPWA), and Owasso Public Golf Authority (OPGA) met in a joint regular meeting on Tuesday, March 10, 2020, in the Council Chambers at Old Central, 109 North Birch Street, Owasso, Oklahoma, per the Notice of Public Meeting filed Friday, December 13, 2019; and the Agenda filed in the office of the City Clerk and posted at City Hall, 200 South Main Street, at 6:00 pm on Friday, March 6, 2020. 1. Call to Order /Roll Call Mayor /Chair Chris Kelley called the meeting to order at 6:00 pm. Present Absent Mayor /Chair - Chris Kelley None Vice Mayor /Vice Chair- Bill Bush Councilor /Trustee - Doug Bonebrake Councilor /Trustee - Lyndell Dunn Councilor /Trustee - Kelly Lewis A quorum was declared present. 2. Discussion relating to Finance Department Items A. Proposed professional service agreements for financial advisors and bond counsel related to a Sales Tax Revenue Note for Capital Improvement Project funding and a Reimbursement Resolution B. Annual review of the five -year Utility Rate Plan Linda Jones presented item A and introduced Jered Davidson of the Public Finance Law Group and Ben Ogelsby of Municipal Finance Services, Incorporated, discussion was held. Linda Jones presented item B and discussion was held. It was further explained that item A would be placed on the March 17, 2020, City Council and OPWA agendas for consideration and action. 3. Discussion relating to Community Development Items A. Request for Easement Closure - 11426 North 134th East Avenue B. Request for Final Plat - Hawthorne at Stone Canyon Phase I, located south and west of the East 76th Street North and North 193rd East Avenue intersection C. Request for Final Plat - Time to Shine Car Wash, located at 11515 East 96th Street North D. Request for a Re -Plat - Kum and Go, located at 502 East 2nd Street E. Application for the 2020 Community Development Block Grant (CDBG) funding and project selection Brian Dempster and Karl Fritschen presented items A, B, C, D, and E and discussion was held. It was further explained that all items would be placed on the March 17, 2020, City Council agenda for consideration and action. 4. Discussion relating to the evaluation process and employment contracts for the City Manager and City Attorney Michele Dempster presented the item and discussion was held. 5. Discussion relating to City Manager items A. Monthly sales tax report B. City Manager report Warren Lehr introduced Linda Jones to present item A and discussion was held. Mr. Lehr reported on upcoming city events. Owasso City Council, OPWA & OPGA March 10, 2020 Page 2 6. Discussion relating to the 2020 Mayor /Chair Elections Process Mayor /Chair Chris Kelley presented the item and discussion was held. City Councilor /Trustee comments and inquiries None B. Adjournment The meeting adjourned at 7:21 pm. Chris Kelley, Mayor /Chair Juliann M. Stevens, City Clerk Actual Claims List - 03/17/20 Fund Vendor Name Payable Description Payment Amount 01 GENERAL NORTHERN SAFETY COMPANY, INC. RESCUE EQUIP $11,940.72 FIREFIGHTERS TRNG EQUIP -Total $11,940.72 AT &T CONSOLIDATED PHONE $28.40 AT &T LONG DISTANCE PHONE $1.45 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES - FEB, $10.05 CITY GARAGE LABOR/OVERHEAD - MARCH, 2 $305.17 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - FEB, 2 $73.72 JPMORGAN CHASE BANK AMAZON- SUPPLIES $43.05 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $500.34 JPMORGAN CHASE BANK LOWES - SUPPLIES $63.54 JPMORGAN CHASE BANK SPAY - STERILIZATION $80.00 JPMORGAN CHASE BANK WATERSTONE - CLEANING $54.60 RELIEF VETERINARY SERVICES AC STERILIZATION SERVICES $320.00 VERIZON WIRELESS WIRELESS CONNECTION $80.02 GEN ANIMAL CONTROL -Total $1,560.34 JPMORGAN CHASE BANK BROWN FARMS -SOD $100.00 JPMORGAN CHASE BANK CORE & MAIN -PUMP $448.26 JPMORGAN CHASE BANK HOME DEPOT -TAPE MEASU $27.97 UNIFIRST HOLDINGS LP UNIFORM SERVICE $19.32 GEN CEMETERY -Total $595.55 JPMORGAN CHASE BANK B &B- SUPPLIES $26.38 JPMORGAN CHASE BANK DOLLAR TREE - SUPPLIES $19.00 JPMORGAN CHASE BANK QT- SUPPLIES $25.00 JPMORGAN CHASE BANK SAMAS- SUPPLIES $41.94 JPMORGAN CHASE BANK TARGET - SUPPLIES $12.90 JPMORGAN CHASE BANK WALMART- SUPPLIES $12.03 STEVEN J HAWTHORNE CLASSES $80.00 TEAL DANCE COMPANY LLC CLASSES $168.00 GEN COMM CTR DONATIONS - Total $385.25 AT &T CONSOLIDATED PHONE $44.49 AT &T LONG DISTANCE PHONE $3.10 GRAND GATEWAY ECO. DEV. ASSC. SENIOR RIDES FOR FEBRUARY $204.00 JPMORGAN CHASE BANK AMAX- SERVICE $2,425.00 JPMORGAN CHASE BANK AMAZON- PRINTER CART $39.99 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $103.32 JPMORGAN CHASE BANK QUIT BUGGIN -PEST CONT $95.00 JPMORGAN CHASE BANK WALMART -WALL CLOCK $8.25 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $399.53 GEN COMMUNITY CENTER -Total $3,322.68 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES - FEB, $72.84 1 Actual Claims List - 03/17/20 Fund Vendor Name Payable Description Payment Amount 01 GENERAL CITY GARAGE LABOR/OVERHEAD - MARCH, 2 $433.75 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - FEB, 2 $120.42 TECHNICAL PROGRAMMING SERVICES INC UNIFORM $81.12 TREASURER PETTY CASH LIC RENEW - DEMPSTER $35.00 TREASURER PETTY CASH TRAVEL EXPENSE $199.50 VERIZON WIRELESS WIRELESS CONNECTION $166.70 GEN COMMUNITY DEVELOPMENT - Total PIKEPASS - PIKEPASS $1,109.33 JPMORGAN CHASE BANK CANVA- MARKETING $56.95 TULSA WORLD NOTICE TO BIDDERS $71.34 GEN CULTURE & RECREATION -Total WIRELESS CONNECTION $128.29 JPMORGAN CHASE BANK ADOBE -ADOBE $599.88 JPMORGAN CHASE BANK ADOBE -ADOBE $29.99 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $7.13 JPMORGAN CHASE BANK TRAVEL EXPENSE $41.10 JPMORGAN CHASE BANK UBER -FEE $45.40 VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN ECONOMIC DEV -Total COPIER SERVICE $763.51 CITY GARAGE LABOR/OVERHEAD - MARCH, 2 $74.33 VERDIGRIS VALLEY ELECTRIC COOP STORM SIREN ELECTRIC $93.88 VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN EMERG PREPAREDNESS -Total $208.22 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES - FEB, $19.20 CITY GARAGE LABORIOVERHEAD - MARCH, 2 $586.08 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - FEB, 2 $97.76 JPMORGAN CHASE BANK GELLCO -WORK BOOTS $143.99 JPMORGAN CHASE BANK GRAPHIC RESC - PLOTTER $854.10 JPMORGAN CHASE BANK NORTHERN TOOL - SAFETY $129.98 JPMORGAN CHASE BANK PIKEPASS - PIKEPASS $9.00 OKLAHOMA FLOODPLAIN MANAGERS 2020 SPRING TECHNICAL WOR $225.00 UNIFIRST HOLDINGS LP UNIFORM SERVICE $26.34 VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN ENGINEERING -Total $2,131.46 CITY GARAGE LABOR/OVERHEAD - MARCH, 2 $68.08 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - FEB, 2 $12.71 JPMORGAN CHASE BANK GFOA -CAFER APP $530.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $45.61 JPMORGAN CHASE BANK PIKEPASS - PIKEPASS $9.00 SUMNERONE INC COPIER SERVICE $45.00 TREASURER PETTY CASH GFOA MEMB FEE $25.00 TREASURER PETTY CASH TRAVELEXPENSE $98.33 Actual Claims List - 03/17120 Fund Vendor Name Payable Description Payment Amount 01 GENERAL GEN FINANCE -Total ADMIRAL EXP- SUPPLIES $833.73 AMERICANCHECKED, INC ATTN: BILLING SOLICITOR BACKGROUND $36.20 AMERICANCHECKED, INC ATTN: BILLING CHEC $198.25 AT &T CONSOLIDATED PHONE $817.05 CITY OF OWASSO GENERAL LIABILITY SELF -IN $150,000.00 GRAND GATEWAY ECO. DEV. ASSC. PELIVAN TRANSIT SERVICES $5,100.00 IMPERIAL LLC CITY HALL COFFEE SERVICE $67.40 MAILROOM FINANCE INC POSTAGE $1,000.00 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $841.61 RICOH USA, INC COPIER FEE $238.96 SUMNERONE INC (UPSTAIRS) COPIER SERVICE $498.34 GEN GENERAL GOVERNMENT -Total $158,599.56 AT &T CONSOLIDATED PHONE $16.08 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $130.77 GEN HISTORICAL MUSEUM -Total $146.85 JPMORGAN CHASE BANK ADMIRAL EXP- SUPPLIES $268.40 GEN HR - CHAR INITIATIVE -Total PUBLIC SAFETY WIRELES $268.40 AMERICANCHECKED, INC ATTN: BILLING BACKGROUND CHECKS FOR $198.25 DELL MARKETING L.P. 202 $15,881.60 COMMUNITYCARE EAP EAP $416.52 JPMORGAN CHASE BANK FMCSA - QUERIES $12.50 JPMORGAN CHASE BANK GIANT TV- EMPLOYEE DEV $610.87 JPMORGAN CHASE BANK MEETING EXPENSE $47.32 JPMORGAN CHASE BANK SAMS - SUPPLIES $32.84 JPMORGAN CHASE BANK STRATA- BULLETINS $1,036.91 GEN HUMAN RESOURCES -Total $2,355.21 AT &T CONSOLIDATED PHONE $23.27 AT &T MOBILITY PUBLIC SAFETY WIRELES $80.08 CITY GARAGE LABORIOVERHEAD - MARCH, 2 $68.08 DELL MARKETING L.P. NETWORK SWITCHES $15,881.60 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - FEB, 2 $28.36 JPMORGAN CHASE BANK BARRACUDA- FILTER $3,776.56 JPMORGAN CHASE BANK COX -PHONE SERVICE $1,562.67 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $96.68 JPMORGAN CHASE BANK VISTA PRINT -CARDS $117.60 VERIZON WIRELESS WIRELESS CONNECTION $200.05 GEN INFORMATION TECH -Total $21,834.95 CITY GARAGE LABOR/OVERHEAD - MARCH, 2 $89.92 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - FEB, 2 $24.07 JPMORGAN CHASE BANK MEETING EXPENSE $12.00 JPMORGAN CHASE BANK PIKEPASS - PIKEPASS $14.10 Actual Claims List - 03/17/20 Fund Vendor Name Payable Description Payment Amount 01 GENERAL JPMORGAN CHASE BANK SW AIRLINES- AIRFARE $291.96 GEN MANAGERIAL -Total $432.05 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $7.28 RICH & CARTMILL, INC NOTARY BOND $30.00 GEN MUNICIPAL COURT -Total $37,28 AT &T CONSOLIDATED PHONE $12.32 AT &T LONG DISTANCE PHONE $0.72 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES - FEB, $132.48 CITY GARAGE LABOR/OVERHEAD - MARCH, 2 $1,636.83 CITY GARAGE VEHICLE PARTS PURCH - FEB $29.00 CITY OF OWASSO WATER $224.00 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - FEB, 2 $143.09 JPMORGAN CHASE BANK ATWOOD -SAW PARTS $24.98 JPMORGAN CHASE BANK BROWN FARMS -SOD $300.00 JPMORGAN CHASE BANK BROWNCO -REBAR $21.00 JPMORGAN CHASE BANK BROWNCO -REBAR /BIT $61.50 JPMORGAN CHASE BANK CORNERSTONE -SAW $14.99 JPMORGAN CHASE BANK CORNERSTONE- HARDWARE $1.58 JPMORGAN CHASE BANK CORNERSTONE -PARTS $20.99 JPMORGAN CHASE BANK CORNERSTONE - SUPPLIES $17.25 JPMORGAN CHASE BANK LOCKE- SUPPLIES $54.09 JPMORGAN CHASE BANK LOWES- SCREWS $2.56 JPMORGAN CHASE BANK LOWES - SUPPLIES $85A9 JPMORGAN CHASE BANK LOWES -TAPE $14.56 JPMORGAN CHASE BANK TWIN CITIES - CONCRETE $832.00 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $65.50 PROTECTION ONE ALARM MONITORING PARKS OFFICE SECURITY SYS $78.38 INC UNIFIRST HOLDINGS LP PARKS STAFF UNIFORMS $66.48 VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN PARKS -Total $3,879.80 AT &T CONSOLIDATED PHONE $321.23 JPMORGAN CHASE BANK ADMIRAL EXP- SUPPLIES $90.00 JPMORGAN CHASE BANK APCO- TRAINING $30.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $76.97 JPMORGAN CHASE BANK WATERSTONE - CLEANING $43.30 THOMAS ALAN HOFFMANN MMPI $125.00 GEN POLICE COMMUNICATIONS -Total $686.50 PUBLIC SAFETY CORPORATION CRYWOLF ALARMS $90.67 GEN POLICE SERVICES -Total $90.67 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES - FEB, $422.36 12 Fund Actual Claims List - 03/17/20 Vendor Name 01 GENERAL CITY GARAGE CITY GARAGE FLEETCOR TECHNOLOGIES JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK SPIRIT LANDSCAPE MANAGEMENT LLC SPIRIT LANDSCAPE MANAGEMENT LLC TREASURER PETTY CASH UNIFIRST HOLDINGS LP VERIZON WIRELESS Payable Description Payment Amount LABOR/OVERHEAD - MARCH, 2 $3,99617 VEHICLE PARTS PURCH - FEB $2,270.74 FUELMAN EXPENSES - FEB, 2 $767.40 ATWOOD- SUPPLIES $10.95 AUTOZONE- SUPPLIES $14.99 CORNERSTONE - PROPANE $15.99 OFFICE DEPOT- PLANNER $21.99 96TH ST LANDSCAPE $216.25 MAIN STREET LANDSCAPE IN $410.00 CDL- TESTERMAN $81.50 UNIFORM SERVICE $115.16 WIRELESS CONNECTION $80.02 GEN STORMWATER -Total $8,423.52 AT &T CONSOLIDATED PHONE $46.54 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES - FEB, $46.12 CITY GARAGE LABORIOVERHEAD - MARCH, 2 $797.42 CITY GARAGE VEHICLE PARTS PURCH - FEB $25.00 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - FEB, 2 $30.43 JPMORGAN CHASE BANK AMAX- NAMEPLATE $25.00 JPMORGAN CHASE BANK JOHNSTONE- SWITCH $8.55 JPMORGAN CHASE BANK LOCKE- FILTERS $27.47 JPMORGAN CHASE BANK LOWES -DOOR ROLLER $3.78 JPMORGAN CHASE BANK LOWES -DOOR STOP $6.48 JPMORGAN CHASE BANK LOWES -GLUE $5.88 JPMORGAN CHASE BANK ROTO ROOTER - SERVICE $147.00 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES $23.60 VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN SUPPORT SERVICES -Total $1,233.28 AEP /PSO STREETLIGHTS $9.00 TREASURER PETTY CASH CC REFUND -BROWN $50.00 TREASURER PETTY CASH CC REFUND -DAY $100.00 TREASURER PETTY CASH CC REFUND- KITCHEN $50.00 TREASURER PETTY CASH CC REFUND -NULF $50.00 TREASURER PETTY CASH FALSE ALARM REF -COOK $30.00 TREASURER PETTY CASH FALSE ALARM REF -LOKER $60.00 TREASURER PETTY CASH FALSE ALARM REF -WALKE $30.00 TREASURER PETTY CASH REFUND ADOPTION $75.00 GENERAL -Total $454.00 ALLIED CONTAINER SALES CONNEX CONTAINERS $11,700.00 REDBUD FESTIVAL PARK -Total $11,700.00 61 Actual Claims List - 03/17/20 Fund Vendor Name Payable Descdption Payment Amount 01 GENERAL -Total $233,121.15 20 AMBULANCE SERVICE CITY GARAGE LABOR/OVERHEAD - MARCH, 2 $931.00 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - FEB, 2 $2,304.46 JPMORGAN CHASE BANK EXCELLANCE -PARTS $1,246.19 JPMORGAN CHASE BANK FEDEX- BINDING $27.45 JPMORGAN CHASE BANK NAIL REGIS EMT -FEE $25.00 TREASURER PETTY CASH ENGINEASSEMBLY $8,800.00 VERIZON WIRELESS WIRELESS CONNECTION $40.01 AMBULANCE -Total WIRELESS CONNECTION $13,374.11 SHERRI RICHARDSON AMBULANCE REFUND $50.00 TREASURER PETTY CASH SR AMB DISC- HOLDER $20.40 TREASURER PETTY CASH SR AMB DISC - PATTERSON $20.40 TREASURER PETTY CASH SR AMB DISC -ROSE $20.40 TREASURER PETTY CASH SR AMB DISC- WILBANKS $20.40 TREASURER PETTY CASH SR AMB DISC- WILKERSON $20.40 AMBULANCE SERVICE -Total $152.00 AMBULANCE SERVICE -Total $13,526.11 21 E -911 AT &T MO CHG T -1 CIRCUITS $968.70 COX COMMUNICATIONS MO SVC FEES T -1 CIRCUITS $244.83 MOTOROLA SOLUTIONS, INC MONTHLY PYMT FOR SVC $4,777.48 AGMT E911 COMMUNICATIONS -Total $5,991.01 E -911 -Total $5,991.01 25 HOTEL TAX BAILEY EVENT CENTER, INC. ECONOMIC SUMMIT $935.00 JPMORGAN CHASE BANK MEETING EXPENSE $222.31 JPMORGAN CHASE BANK PAYPAL- REDBUD WEBSITE $600.00 JPMORGAN CHASE BANK TULSA CHAMBER -FEE $85.00 HOTEL TAX ECON DEV -Total OK WILDLIFE- RODENT RE $1,842.31 CITY GARAGE LABOR/OVERHEAD - MARCH, 2 $139.58 TREASURER PETTY CASH PBC SUPPLIES $420.00 STRONG NEIGHBORHOODS -Total $559.58 HOTELTAX -Total $2,401.89 27 STORMWATER MANAGEMENT J.E DIRT WURX LLC CONSTRUCTION SERVICES - E $84,224.55 96TH STN DRAIN IMPROV -Total $84,224.55 MESHEK& ASSOCIATES, P.L.C. ENGINEERING SERVICES - EL $3,294.80 ELM CREEK PARK -Total $3,294.80 JPMORGAN CHASE BANK OK WILDLIFE- RODENT RE $3,500.00 TULSA COUNTY ADMIN SERVICES POSTERS - FOG PROGRAM $510.51 UNIFIRST HOLDINGS LP UNIFORM SERVICE $15.59 VERIZON WIRELESS WIRELESS CONNECTION $40.03 Actual Claims List - 03/17/20 Fund Vendor Name Payable Description Payment Amount 27 STORMWATER MANAGEMENT STORMWATER- STORMWATER -Total $4,066.13 STORMWATER MANAGEMENT -Total $91,585.48 31 AMBULANCE CAPITAL TREASURER PETTY CASH SR AMB DISC- HOLDER $3.60 TREASURER PETTY CASH SR AMB DISC - PATTERSON $3.60 TREASURER PETTY CASH SR AMB DISC -ROSE $3.60 TREASURER PETTY CASH SR AMB DISC- WILBANKS $3.60 TREASURER PETTY CASH SR AMB DISC- WILKERSON $3.60 AMBULANCE CAPITAL -Total $18.00 AMBULANCE CAPITAL -Total $18.00 34 VISION TAX MARTIN Z HANNA ROW ACQUISITION $9,596.10 VSN RECAP MINGO TO GARNET - Total $9,596.10 VISION TAX -Total $9,596.10 35 PARK DEVELOPMENT JPMORGAN CHASE BANK ALL MEDIA - SERVICE FEE $660.65 JPMORGAN CHASE BANK LOWES- SHELVING $59.94 PARK DEV REDBUD PARK -Total $720.59 BENCHMARK SURVEYING & LAND TOPOGRAPHIC SURVEY $3,500.00 SERVICES PDG, INC, FEATURE SPLASH PAD $9,575.00 PARK DEV SPLASH PAD -Total $13,075.00 PARK DEVELOPMENT -Total $13,795.59 37 SALES TAX FIRE AT &T CONSOLIDATED PHONE $36.96 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES - FEB, $37.76 CITY GARAGE LABOR/OVERHEAD - MARCH, 2 $2,279.00 CITY GARAGE VEHICLE PARTS PURCH - FEB $765.59 CITY OF OWASSO WATER $210.00 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - FEB, 2 $1,668.83 JPMORGAN CHASE BANK AMAZON -BOX $212.61 JPMORGAN CHASE BANK AMAZON- REFUND ($12.66) JPMORGAN CHASE BANK CONRAD -PARTS $73.98 JPMORGAN CHASE BANK CUMMINS - REPAIR $504.61 JPMORGAN CHASE BANK NFPA- TRAINING $175.00 JPMORGAN CHASE BANK OREILLY- SUPPLIES $29.97 JPMORGAN CHASE BANK PIKEPASS - PIKEPASS $18.10 JPMORGAN CHASE BANK SAFE KIDS - RECERT FEE $330.00 JPMORGAN CHASE BANK SAMS- SUPPLIES $241.76 JPMORGAN CHASE BANK TEACHABLE C- TRAINING $299.00 JPMORGAN CHASE BANK TORCH PLUMBING- REPAIR $895.00 JPMORGAN CHASE BANK UNITED ENGINES - REFUND ($787.83) JPMORGAN CHASE BANK WALMART -ROPE $6.47 NORTHERN SAFETY COMPANY, INC. RESCUE EQUIP $5,887.28 17 Actual Claims List - 03/17/20 Fund Vendor Name Payable Description Payment Amount 37 SALES TAX FIRE ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $895.99 VERIZON WIRELESS WIRELESS CONNECTION $960.24 SALES TAX FUND -FIRE -Total $14,727.66 SALES TAX FIRE - Total $14,727.66 38 SALES TAX POLICE AT &T CONSOLIDATED PHONE $802.52 AT &T MOBILITY PUBLIC SAFETY WIRELES $135.42 CITY GARAGE LABOR/OVERHEAD - MARCH, 2 $10,660.67 CITY GARAGE VEHICLE PARTS PURCH - FEB $5,814.56 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - FEB, 2 $7,235.19 JPMORGAN CHASE BANK ADMIRAL EXP- SUPPLIES $90.00 JPMORGAN CHASE BANK AMAZON- AWARDS $47.99 JPMORGAN CHASE BANK AMAZON- FIREARMS EQUIP $530.05 JPMORGAN CHASE BANK AMAZON-SUPPLIES $271.50 JPMORGAN CHASE BANK AMERICAN WASTE - DUMPST $109.54 JPMORGAN CHASE BANK ANCHOR PAINT - SUPPLIES $674.00 JPMORGAN CHASE BANK ASP - UNIFORM ITEM $54.96 JPMORGAN CHASE BANK AT YOUR SERVICE -PORTA $80.00 JPMORGAN CHASE BANK CAMFIL- FILTERS $141.24 JPMORGAN CHASE BANK DASH MED- SUPPLIES $1,438.00 JPMORGAN CHASE BANK EVENT BRITE -ECON SUMM $50.00 JPMORGAN CHASE BANK EVENT BRITE - RECRUITIN $160.76 JPMORGAN CHASE BANK EVENT BRITE- REFUND ($50.00) JPMORGAN CHASE BANK FACEBOOK- RECRUITMENT $35.18 JPMORGAN CHASE BANK FIX IT STICKS - FIREARM $112.00 JPMORGAN CHASE BANK GALLS- UNIFORM ITEM $58.20 JPMORGAN CHASE BANK GRAPHIC RESC - PLOTTER $41.70 JPMORGAN CHASE BANK GT DISTRIB -SMALL TOOL $827.16 JPMORGAN CHASE BANK HOBBY LOBBY- SUPPLIES $199.97 JPMORGAN CHASE BANK HOME DEPOT- SUPPLIES $31.96 JPMORGAN CHASE BANK LODGING - TRAVEL EXP $357.00 JPMORGAN CHASE BANK LOWES - MATERIALS $8.98 JPMORGAN CHASE BANK MAGPUL IND- FIREARMS $217.25 JPMORGAN CHASE BANK MTG EXPENSE -CLEET MEE $102.03 JPMORGAN CHASE BANK PAYPAL- MEMBERSHIP $500.00 JPMORGAN CHASE BANK PRIMARY ARMS - UNIFORM $80.99 JPMORGAN CHASE BANK SAMS- SUPPLIES $567.19 JPMORGAN CHASE BANK SEW IT- UNIFORM ITEMS $139.73 JPMORGAN CHASE BANK SHEEPDOG - TRAINING $199.99 JPMORGAN CHASE BANK SPORTSMANS - REFUND ($24.52) JPMORGAN CHASE BANK SPORTSMANS -SMALL TOOL $299.47 JPMORGAN CHASE BANK USPS - POSTAGE $34.80 e Fund 38 SALES TAX POLICE Actual Claims List - 03/17120 Vendor Name JPMORGAN CHASE BANK JPMORGAN CHASE BANK MEDIA WORKS LLC ONEOK, INC OKLAHOMA NATURAL GAS VERIZON WIRELESS Payable Description Payment Amount VERITEQE- SUPPLIES $62.50 WATERSTONE -CLEANING $1,196.50 RECRUITMENT VIDEO $4,500.00 NATURAL GAS USAGE $598.26 WIRELESS CONNECTION $920.23 SALES TAX FUND - POLICE -Total $39,312.97 SALES TAX POLICE - Total $39,312.97 39 SALES TAX STREETS JPMORGAN CHASE BANK ANCHOR STONE -ROCK $254.70 JPMORGAN CHASE BANK EAGLE REDI- CONCRETE $3,193.00 PLEASANTVIEW ST REPAIR -Total $3,447.70 AEP IPSO STREET LIGHTS $6,560.01 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES - FEB, $188.99 CITY GARAGE LABOR/OVERHEAD - MARCH, 2 $2,975.17 CITY GARAGE VEHICLE PARTS PURCH - FEB $870.04 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - FEB, 2 $1,366.40 JET TRUCKING, LLC YARD DIRT - WATER DEPT 1 $45.00 JPMORGAN CHASE BANK AIMRIGHT TESTING -CONC $341.25 JPMORGAN CHASE BANK ANCHOR STONE -ROCK $466.41 JPMORGAN CHASE BANK ATWOOD- SUPPLIES $32.46 JPMORGAN CHASE BANK BROWNCO- BOOTS /JACKET $74.23 JPMORGAN CHASE BANK INTERSTATE - BATTERIE $6.00 JPMORGAN CHASE BANK LOWES -BOARD $19.68 JPMORGAN CHASE BANK LOWES- CONCRETE $18.20 JPMORGAN CHASE BANK LOWES- PROJECT APRON $19.90 JPMORGAN CHASE BANK LOWES- RETURN ($19.68) JPMORGAN CHASE BANK LOWES- SCREWS $86.36 JPMORGAN CHASE BANK LOWES- SIDEWALK MATERI ($3.58) JPMORGAN CHASE BANK MAXWELL -MAT $119.00 JPMORGAN CHASE BANK OFFICE DEPOT - FOLDERS $24.98 JPMORGAN CHASE BANK OWASSO TOP SOIL -DIRT $175.00 JPMORGAN CHASE BANK REDWING-BOOTS $170.99 JPMORGAN CHASE BANK VANCE BROTH -TACK $162.50 JPMORGAN CHASE BANK WARREN CAT -KEYS $12.70 JPMORGAN CHASE BANK WELSCO - WELDING SUPPLI $97.54 TULSA COUNTY HIGHWAY REPLACEMENT SIGNS $587.10 CONSTRUCTION UNIFIRST HOLDINGS LP UNIFORM SERVICE $205.18 VERDIGRIS VALLEY ELECTRIC COOP CHAMPION STREET LIGHT $76.22 VERDIGRIS VALLEY ELECTRIC COOP SECURITY LIGHT $6.20 VERIZON WIRELESS WIRELESS CONNECTION $80.02 WAVETRONIX LLX DISPLAY REPLACEMENT $400.00 0 Actual Claims List - 03117/20 Fund Vendor Name Payable Description Payment Amount 39 SALES TAX STREETS SALES TAX FUND-STREETS -Total $15,164.27 SALES TAX STREETS - Total $18,611.97 40 CAPITAL IMPROVEMENTS DORSET JOHN STORY III DODD CONDEMNATION $6,950.00 CIP GARN RD WIDE 106.116 -Total $6,950.00 MESHEK & ASSOCIATES, P.L.C. LAKERIDGE /CENTRAL PARK DR $2,926.60 CIP LAKERIDGE/CNTL PARK -Total $2,926.60 JPMORGAN CHASE BANK UVS- OUTFIT VEHICLE $4,373.47 CIP POLICE VEHICLES -Total $4,373.47 MESHEK &ASSOCIATES, P.L.C. ENGINEERING SERVICES - SP $825.53 CIP SPORTS PARK DIET POND -Total $825.53 GRADE LINE CONSTRUCTION CONSTRUCTION SERVICES - F $238,205.67 FY18.19 STREET REHAB - Total $238,205.67 CAPITAL IMPROVEMENTS -Total $253,281.27 68 OPWATIF BROGRAN LLC TIFAGREEMENT $5,847.36 MAIN STREET DEVELOPMENT LLC TIF AGREEMENT $225,432.04 OPWA ECONOMIC DEV -Total $231,279.40 OPWA TIF -Total $231,279.40 70 CITY GARAGE AT &T CONSOLIDATED PHONE $16.06 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - FEB, 2 $30.93 JPMORGAN CHASE BANK AMAZON- VEHICLE PARTS $508.96 JPMORGAN CHASE BANK BEST CHOICE - WINDSHIE $330.00 JPMORGAN CHASE BANK FULLERTON- SUPPLIES $91.65 JPMORGAN CHASE BANK GOODYEAR -PD TIRE STOC $389.70 JPMORGAN CHASE BANK GOODYEAR -RECAP TIRES $2,539.66 JPMORGAN CHASE BANK GOODYEAR - SERVICE CALL $112.40 JPMORGAN CHASE BANK GRAINGER -PART $207.05 JPMORGAN CHASE BANK HESSELBEIN -REAR TIRE $438.32 JPMORGAN CHASE BANK JIM GLOVER -PARTS $1,132.21 JPMORGAN CHASE BANK PUB SAFETY STORE -PART $231.29 JPMORGAN CHASE BANK ROUTE 66 -PARTS $307.08 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $416.51 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES $55.26 CITY GARAGE -Total $6,807.10 CITY GARAGE -Total $6,807,10 76 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WC- EXPENSE 2020 $20,064.49 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS $2,526.93 UNITED SAFETY & CLAIMS INC UNITED SAFETY CLAIMS $1,658.33 WORKERS' COMP SELF -INS -Total $24,269.75 WORKERS' COMP SELF -INS -Total $24,269.75 10 Fund Actual Claims List - 03/17/20 Vendor Name 77 GENERAL LIABILITY - PROPERT ELIZABETH ANNE CHILDS JPMORGAN CHASE BANK GEN LIAB•PROP SELF INS -Total GENERAL LIABILITY•PROPERT -Total Payable Description Payment Amount LEGAL SERVICES $2,085.00 FOSTER PAINT -UNIT 18 $2,893.20 $4,978.20 $4,978.20 City Grand Total $963,303.65 11 TO: The Honorable Mayor and City Council FROM: Earl Farris Project Administrator SUBJECT: Acceptance of Infrastructure Improvements at Trident Aquatics DATE: March 13, 2020 BACKGROUND: The subject commercial development is located at 10001 North 127th East Avenue. Public infrastructure improvements consist of concrete approaches, sidewalk, stormwater infrastructure and a fire hydrant including all appurtenances. FINAL INSPECTIONS: Final inspections for the infrastructure components were completed in February 2020 by the Public Works Department. All standards for acceptance have been met. Additionally, the construction contractor and design engineer have supplied the necessary two -year maintenance bond and required as -built drawing. RECOMMENDATION: Staff recommends acceptance of the following public infrastructure improvements at Trident Aquatics, located at 10001 North 127th East Avenue: concrete approaches, sidewalk, stormwater infrastructure and a fire hydrant including all appurtenances. ATTACHMENTS: Location Map City Attorney bond approval letter and copy of bond Trident Aquatic 1" = 372 ft Location Map 03/03/2020 This map may reppresents a visual display of related geographic information. Data provided here on is not guarantee of acutual field conditicns. To be sure of complete accuracy, please contact the responsible staff for most up -to -date information. Farris, Earl From: Lombardi, Julie Sent: Tuesday, May 07, 2019 10:55 AM To: Eaton, Steven Cc: Farris, Earl Subject: RE: Trident Aquatics Bond Steven, I have reviewed the Trident Aquatics maintenance bond at your request. The attorney -in -fact signature is authorized, the surety is licensed to do business in Oklahoma, and the amount of the bond is well within the surety's $143,661,000 underwriting limitation and the Power of Attorney's $5,000,000 limitation. Therefore, the bond is approved. Julie Lombardi ,idle Troutfom6ardt City Attorney City of Owasso PO Box 180 200 S Main St Owasso, OK 74055 Phone: 918-376-1511 Fax 918- 376 -1599 Email: ilombardiCa citvofowasso.com www.citvofowasso.com From: Eaton, Steven Sent: Tuesday, May 7, 201910:38 AM To: Lombardi, Julie <JLombardiCaCityOfOwasso.com> Cc: Farris, Earl <efarrisPCitvOfOwasso.com> Subject: Trident Aquatics Bond Ms. Lombardi, I am sending a maintenance bond for review. Would you please reply with your findings. Thanks you, Steven Eaton City of Owasso Infrastructure Inspector Maintenance Bond PRIVATELY FINANCED PUBLIC IMPROVEMENTS Bond No: 5011414 KNOW ALL MEN BY THESE PRESENTS, That we Koehn Construction Services, LLC as Principal, and Employers Mutual Casualty Company as Surety, are held and firmly bound unto the City of Owasso, Oklahoma, as Obligee, in the penal sum of Forty Four Thousand One Hundred Sixty Dollars and no /100 ($44,160.00) to which payment will and truly to be made, we do bind ourselves, and each of our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents. WHEREAS, the Principal will furnish a bond conditioned to guarantee, for the period of TWO YEAR after final approval of the Trident Aquatics, 10001 N 127111 E Ave, Owasso, OK, 74055, city hydrant $6,500, storm water $25,000, and approaches $12,660 a privately financed public improvement, and acceptance of such by the City Council of the City of Owasso, Oklahoma, against all defects in workmanship and materials which may become apparent in such privately financed public improvement during said period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that the Principal and /or Surety shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship in the privately financed public improvement which may become apparent during the said period. SIGNED, SEALED, AND DATED: MAY 2, 2014 Koehn Construction Services C, Principal BY: , Emplo e Mutual Casua Company, Surety BY: Attorney -in -Fact AVEMC P.O. Box 712 • Des Moines, Iowa 50306.0712 INSURANCE POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 2, EMCASCO Insurance Company, an lowa Corporation S. Union Insurance company of Providence, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation 6. Dakota Fire Insurance Company, a North Dakota Corporation S. EMC Property& Casualty Company, an Iowa Corporation hereinafter referred to severally as "Company' and collectively as "Companies ", each does, by these presents, make, constitute and appoint: DREW JOHNSON Ile true and lawful attorney -in -fact, with full power and authority conlerred to sign, seal, and execute the following Surety Bundle): Surety Bond Principal: Obligee: Number Koehn Construction Services, City of Ovrasso, Oklahoma In an amount not exceeding Five Million Dollars $5,000,000.0 and to bind each Company thereby as fully and to the same extent as It such Instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. AUTHORITY FOR POWER OF ATTORNEY This Power -ol- Attorney Is made and executed pursuant to and by the authodly of the following resolution of the Boards of Directors of each of the Companles at the first regularly scheduled meeting of each company duly called and held In 1999: RESOLVED; The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint allameys -in -tact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognlzances, contracts of indemnity and other writings obligatory In the nature thereof; and (2) to remove an yy such ailomey -in -fact at any time and revoke the power and authority given to him or her. Attorneys -in -tact shall have power and authority, subject to the (arms and llmltailons of the povier -of- attorney Issued to them, to execute and deliver an behalf of the Company, and to attach the seat of the Company thereto, bonds and undertakings, recognlzances, contracts of Indemnity and other writings obligatory In the nature thereof, and anysuch instrument executed by an yy such attorney -(n -fed shall be fully and In all respects binding upon the Company, Cerlfgcalfon as to the validity of anypowor- of- attorney authorized herein made by an olllcer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. Thetaesimile ormechanleall99 reproduced signature of such officer, whethermade heretofore orhereaffer, whereverappeadngg upon a codilfed copy of any power -of- attorney of the Company, shall bo valid and binding upon the Company with the same force and effect as though manually allixed. IN WITNESS THEREOF, the Companies have caused these presents to beslgnedforeachbytheirofficarsasshown , and the Corporate seaAtob retoaf fixedthis let royal July 2016. H July 2018 before me a Notary Public in and farina State of Iowa, personally appeared Bruce G. Kelley and Todd Slrother, who, being by me duly sworn, did say that they are, and are known to me to be the CEO, Chairman, President and Treasurer, and /or Senior Vice President, respectively, of each of the Companies above; that the seals affixed to this Instrument are the seals of said corporations; that said Instrument was signed and seated on behalf of each of the Companies by authority of (heir respective Boards of Directors; and that the said Bruce G. Kelley and Todd Strother, as such officers, acknowledged the execution of sold Instrument to be their voluntary act and deed, and (he voluntary act and deed of each of the Companies. My Commission Expires October 10, 2019, Notary CERTIFICATE I, James D. Clough, Vice President of the Companies, do hereby codify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Atiomay issued pursuant thereto on 1st day of July , 2818 , are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 2nd day of May , 2019 :; Vice President 7851 (7 -18) S011414 L6714 965 AN 005779 -LL "For verification of the authenticity of the Power of Attorney you may call (616) 0452689," TO: The Honorable Mayor and City Council FROM: Earl Farris Project Administrator SUBJECT: Acceptance of Infrastructure Improvements at Abbott Farms Phase II DATE: March 13, 2020 BACKGROUND: The subject residential development is located on the north side of East 106 Street North, east of Mingo. Two entrances are off of East 106 Street North, just east of Mingo. The public infrastructure improvements for Abbott Farms Phase II are asphalt roads, sidewalks, stormwater infrastructure, water and sanitary sewer system improvements. FINAL INSPECTIONS: Final inspections for all infrastructure components were completed in February 2020 by the Public Works Department. All standards for acceptance have been met. Additionally, the construction contractor and design engineer have supplied the necessary two -year maintenance bonds and required as -built drawings. RECOMMENDATION: Staff recommends acceptance of public infrastructure improvements consisting of asphalt roads, sidewalks, stormwater, water and sanitary sewer system improvements for Abbott Farms Phase II. ATTACHMENTS: Location Map City Attorney bond approval letter and copy of bonds Abbott Farms Phase II 1" = 979 ft Location Map 02/27/2020 This map may to resents a visual display of related geographic information. Data provided hereon is not guaranteee of acutual field conditions. To be sure of complete accuracy, please contact the responsible staff for most up -to -date information. Farris, Earl From: Lombardi, Julie Sent: Tuesday, February 04, 2020 3:42 PM To: Eaton, Steven Cc: Farris, Earl Subject: RE: Abbott Farms II Steven, I have reviewed the Abbott Farms 2 sanitary sewer system, storm sewer water supply system and paving maintenance bond at your request. The attorney -in -fact signature is authorized, the surety is licensed to do business in Oklahoma, and the amount of the bond is well within the surety's $24,886,000 undeerwriting limitation. Therefore, the bond is approved. Julie Lombardi Julie Trout Lombardi City Attorney City of Owasso PO Box 180 200 S Main St Owasso, OK 74055 Phone: 918-376-1511 Fax 918- 376 -1599 Email: ilombardi(a)cityofowasso.com People - REAL Character • REAL Community From: Eaton, Steven Sent: Tuesday, February 4, 202010:03 AM To: Lombardi, Julie <JLombardi(o)CitvOfOwasso.com> Cc: Farris, Earl <efarris(@CitvOfOwasso.com> Subject: Abbott Farms II Ms. Lombardi, I am sending a maintenance bond for review. Would you please reply with your findings. Thank you, Steven Eaton City of Owasso Maintenance Bond PRIVATELY FINANCED PUBLIC IMPROVEMENTS Bond No. 2298795 KNOW ALL MEN BY THESE PRESENTS, That we Ira M. Green Construction Company as Principal (Developer and Contractor), and North American Specialty Insurance Company as Surety, are held and firmly bound unto the City of Owasso, as Obligee, in the penal sum of Nine hundred forty -two thousand, one hundred seventy -nine dollars and 901100 (S 942,179.90 ) which payment will and truly to be made, we do bind ourselves, and each or our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents. WHEREAS, the Principal will furnish a bond conditioned to guarantee, for the period of 2 year(s) after final approval of the Abbott Farms 2 - 106th St. N. & Mingo, Owasso, OK Sanitary Sewer System Public, Storm Sewer, Water Supply System and Paving System a privately financed public improvement, and acceptance of such by the City Council of the City of Owasso, against all defects in workmanship and materials which may become apparent in such privately financed public improvement during said period. NOW, THEREFORE, THE CONDITION OF TH IS OBLIGATIONS IS SUCH that the Principal and /or Surety shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship in the privately financed public improvement which may become apparent during the said period. SIGNED, SEALED, AND DATED: January 17, 2020 Principal Suretv in -Fact Att)ch Power or Attorney SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws ofthe Stare ofNew Hampshire. and having its principal office in the City of Knnsas City. Missouri, and Washington International Insurance Company, a corporation organized and cxisling under the laws of the State of Now Hampshire told ]living its principal office in the City of Kansas City. Missouri, each does hereby make• constitute and appoint: ItN true and lawful Ationicy(s) -in -Fact. to make, execute, seal and deliver. fir and on its bclwlCand us it%ucl and deed. bonds or labor writings obligatory in the nature of u bond on behalf of each of sold Companies, as surety. on contracts of suretyship as arc or may required or permitted by law. iquht ion, contract at otherwise. provided that no bond or undertaking it contract or stimtyship executed under this authority shall exceed the amount of-. FIFTY MILLION (SX0110,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the follmiring Resolutions adopled by the Boards of Directors of built North American Specialty Insurance Company and Wushiugtun International Insurance Company at oteelings drily called and hold on the ga, or May. 2012; "RE'SOIATI), that any two of the Presidents, any Managing Director. any Senior Vice President, any Vice Prcsidonl, any AhShAILIR Vito Prcsidvnl. the Secretary or any Assistant Secretary be. and each or any ofthem hereby is authorized to execute a Power of Attorney qunlit),hvg the anomey' named in the given Power of Attorney to execut` of hemifof the company bonds, undertakings and all contracts of surety. and that each or any ofthum hereby is authoriicd to attest to the execution of any such Power orAmuncy and to attach therein the seal orthe Company: and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Atomcy -or in 1113' ecrlifhcaw rulming thereto by thusimde, and any such Power of Anomey or certiticmc hearing such t esimile signatures or facsimile swl shall Ito binding upon the Compuny when so affixed, and in the tlture, with regard to any bond, undertaking or contract of surety to which it is anachd:' A Kcalar Vin Pmldor arxans AMIrdma SP16tln Inmlamt f bnn,anl IN WITNESS WHEREOF. North American Specialty Insurance Company and Washington loicnauionat Insurance Company have caused their oBicial scuts to be hereunto affixed. and these presents to be signed by their authorized officers this I Ith day of JULY , 2019 . North Alncrlcan. Specialty Insurance Company Washington International Insurancv Company State of Illinois 2019. before tile, a Notary Public personally uppcured Steven P. Anderson . Senior Vice President of Suhingmn International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A. lm. Senior Vile Presiders of Washington international Insurance Companyand Senior Vice President of North American Spevinky Ininnumc Company, personally known to me, whit bating by me duty swom, acknowledged that they signed the above Power of.Atlonicy as officers of and avknowldgd said instrument to be the Voluntary act and decd of their respective.companius. OFFICIAL StAL IRA M. GREEN CONSTRUCTION P.O. BOX 813 CLAREMORE, OK 74018 918 - 342 -0840 Owner: 106th Properties LLC 3420 N Plainview Ave Fayetteville, Arkansas 72703 Bond Totals Project: Abbott Farms 2 106th Street N & Mingo Owasso, OK Date 1/16/2020 Item Sanitary Sewer System - Public Quantity Unit Amount 8 Right Of Way Clearing & Restoring 4458 LF 9 Unclassified Excavation 6463 CY 10 Connect to Existing 2 EA 11 8" SDR 35 3945 LF 12 8" SDR 26 513 LF 13 4' ID manholes 20 EA 14 Over 6' 44 VF 15 4' ID Drop Manhole 1 I EA 16 Over 6' 6 1 VF 17 8 "x 4" Service Tee W/ SCH 40 Outlet 50 1 EA 18 Agg Base at street crossing 122 1 CY Total Proposed Sanitary Sewer $ 230,926.75 Storm Sewer Quantity Unit Amount 19 Right Of Way Clearing & Restoring 987 LF 20 Unclassified Excavation 966 CY 21 18" HP 128 LF 22 24" HP 26 LF 23 30" HP 26 LF 24 36" HP 76 LF 25 24" HDPE 432 LF 26 30" HDPE 35 LF 27 36" HDPE 264 LF 28 5' Manhole 3 EA 29 Over 6" 2.93 VF 30 24" PCES 1 EA 31 36" Headwall 1 EA 32 Des 3 2 EA 33 Des 4 1 EA 34 Des 2 W 5' MH 1 EA 35 Des 3 W 8' MH 4 EA 36 12" Rip Rap 20 SY 37 Inlet Protection 8 EA 38 Ag Base Road Crossing 226 CY Total Proposed Storm Sewer $ 132,950.00 Water Supply System Quantity Unit Amount 39 Right Of Way Clearing & Restoring 3855 LF 40 Unclassified Excavation 1500 CY 41 Connect to Existing 2 EA 42 6" C -900 DR 18 1396 LF 43 8" C -900 DR 18 2460 LF 44 Bell Joint Restraints 17 EA 45 12" SDR 35 Casing 225 LF 46 12" X 6" Casing Spacers & End Seal 1 LS 47 6" X 2" Reducer MJ X MJ 3 EA 48 8" X 6" Tee FLG X FLG 4 EA 49 6" Tee FLG 1 EA 50 6" Adapter 6 EA 51 8" Adapter 6 EA 52 6" 45* Bend MJ X MJ 10 EA 53 8" 22.5* Bend MJ X MJ 2 EA 54 8" 45* Bend MJ X MJ 17 EA 55 8" 90* Bend MJ X MJ 1 EA 56 8" Blind Flange 1 EA 57 2" Gate Valve FLG X MJ 2 EA 58 6" Gate Valve FLG X MJ 9 EA 59 8" Gate Valve FLG X MJ 7 EA 60 Valve Box 18 EA 61 6" 3 Way Fire Hydrant Assembly 7 EA 62 Blowoff Assembly 3 EA 63 Service Crossings 6 EA 64 Agg Base at Road Crossing 70 CY Total Proposed Water Supply System $ 183,665.00 Paving System Quantity Unit Amount 68 Fine Grade for Paving 11416 SY 69 Treated Sub Grade 11416 SY 70 6.5" Asphalt Paving 7783 SY 71 Curb and Gutter 5201 LF 72 Valley Gutter 80 SY 73 8" Temp Gravel Road 1899 SY 74 Sidewalk In Reserve Area 28 SY 75 ADA Ramps 1 11 EA 76 Street Signs 1 1 LS 77 Barricades 2 1 EA 78 Sod 4' Behind Curb 2312 1 SY 79 Inlet Protection 1 8 1 EA Total Proposed Paving $ 394,638.15 TO: The Honorable Mayor and City Council FROM: Linda Jones, Finance Director SUBJECT: Capital Improvement Planned Financing DATE: March 13, 2020 BACKGROUND: On June 18, 2019, Council approved Resolution 2019 -13 which identified approximately $98 million in capital improvement projects, of which, $78 million require third -penny sales tax funding. The third -penny sales tax generates approximately $9 million per year, of which, approximately $4 million is currently committed annually for existing debt service. Currently, approximately $28 million remains to be funded from future years' collections. As has been discussed with Council on multiple occasions, authorized Capital Improvement Projects (CIP) will require approximately six years of sales tax revenues to fund. At the October 2017 work session, staff outlined the need for future financing of capital projects to enable the City to advance the progress of approved CIP projects without delay. The financing would include approximately $1.5 million for the 11301 North Mingo Road and 10000 East 116th Street North land purchase due to be paid by April 1, 2020, as well as, funds for various street projects including the Garnett Road widening from East 106th Street North to East 116th Street North, and the intersection of East 1061h Street North and North 145th East Avenue. A contract with Municipal Finance Services, Inc. (Financial Advisor) is proposed to ascertain the most advantageous method and timing for financing capital projects, and to proceed with preparing a recommendation for financing. RECOMMENDATION: Staff recommends approval of the Professional Services Agreement between the City of Owasso and Municipal Finance Services, Incorporated and authorization for the Mayor to execute the necessary documents. ATTACHMENT: Municipal Finance Services, Inc. Agreement MUNICIPAL FINANCE SERVICES, INC. est. 1990 March 3, 2020 PROFESSIONAL SERVICES AGREEMENT nifsok.com P: 405.340.1727 F: 405.340.3607 3933 E. Covell Road Edmond, OK 73034 P.O. Box 747 Edmond, OK 73083 -0747 THIS AGREEMENT is entered by and among MUNICIPAL FINANCE SERVICES, INC. (,WSOK ") and the City of Owasso, Oklahoma, and its public trusts including the Owasso Public Works Authority (collectively, the "Client"). The Client desires to engage MFSOK and agrees as follows: L Scope ofSeryices. Some or all of the following services listed below shall be provided under this Agreement and pertain to the Client's new and outstanding debt obligations, including general obligation bonds, revenue bonds, bank notes, lease financings, and loans from the Oklahoma Water Resources Board or other state or federal agencies during the term of the Agreement (the "Issues "). The Client designates MFSOK as the Client's independent registered municipal advisor ( "IRMA ") for purposes of SEC Rule 15Ba1- 1(d)(3)(vi) (the "MMA Exemption "). A. New Issue and Refunding of Existing Client Issues 1. Evaluate options or alternatives with respect to the proposed new Issue. 2. Provide financial analysis to the Client to assist in understanding the benefits, costs, and risks of the proposed new Issue. 3. Review recommendations made by other parties to the Client. 4. Assist Client in preparing a plan of finance. 5. Advise Client on structure, terms and timing of the proposed new Issue. 6. Prepare financing schedule. 7. Attend meetings as requested by the Client. S. Assist the Client in preparation of their loan applications, loan proposals, offering documents, notices of sale, instructions to bidders, or official statements, as appropriate. 9. Coordinate as appropriate with Client staff, legal representatives, government agencies, accountants, auditors, engineers, consultants, rating agencies, banks, lenders, placement agents, trustees, paying agents, escrow agents, bond insurers and other credit enhancers, to facilitate the plan of finance. 10. If new Issue is a competitive bond sale, assist Client in collecting and analyzing bids submitted by underwriters and selecting the winning bidder. 11. If new Issue is a loan, assist Client in collecting and analyzing proposals submitted by banks. 12. Ifthe new Issue is anegotiated bond sale, assist client in selecting an underwriter and coordinate the bond sales process. 13. Coordinate closing of the new Issue with Client and other parties. 14. Evaluate potential refunding opportunities on outstanding Issues. B. Other Services Under' eparate Agreement If requested by Client, MFSOK may provide other sery ices including but not limited to: I. Utility rate analysis. 2. Estimate of Needs review or preparation. 3. Verification of compliance with bond /loan covenants such as debt service coverage ratio covenants and utility rate covenants for lenders, bond insurers, and others. 4. Debt capacity analysis. 5. Cash defeasance or redemption services. C. Continuing Disclosure Assistance 1. Assisting the Client annually in compiling the financial information and operating data set forth in their Continuing Disclosure Agreement ( "CDA ") included in any Official Statement; and 2. If necessary, assisting the Client in preparing their "Failure to File Notice" should documents not be available for filing within the prescribed time frame designated in the CAA; and 1 Upon request, assisting the Client in their submission of the aforementioned information to the Electronic Municipal Marketplace Access system WSOK and the Client acknowledge that the Client will engage Bond Counsel and other legal service providers under separate contracts. MFSOK may rely on opinions and advice from legal representatives of the Client and will not be held responsible for any legal advice, directly or indirectly, rendered by the legal representatives. Neither MFSOK as Municipal Advisor nor its Municipal Advisor Representatives are licensed to engage in the practice of law and, consequently, will offer no legal advice. None of the fee for services under this Agreement relates to legal services. If such legal services are necessary, it shall be the responsibility of the Client to obtain them. MFSOK's services are limited to those specifically set forth herein. IL Compensation and Reimbursements A. New Issues and Refunding Issues. MFSOK shall be paid at the time of closing a fee calculated as follows: 1. For a bank loan or lease financing, 0.75% of par amount for the first $10 million for each series of notes issued, and 0.50% of any amount over $10 million, with a minimum fee of $20,000.00. 2. For a loan through the Oklahoma Water Resources Board, including the Clean Water State Revolving Fund (CWSRF), the Drinking Water State Revolving Fund (DWSRF), or the Financial Assistance Program (FAP), 1.00% of the principal amount of the loan for the first $4 million and 0.50% of any amount over $4 million, with a minimum fee of $25,000.00. 3. For revenue bonds, 1.00% of par amount for the first $4 million for each series of bonds issued, and 0.75% of any amount over $4 million, with a minimum fee of $25,000.00. 4. For general obligation bonds, 1.00% of par amount for the first $4 million for each series of bonds issued, and 0.75% of any amount over $4 million, with a minimum fee of $25,000.00. B. Compensation for Continuing Disclosure Assistance MFSOK will receive a fee annually of $500.00 if Client requests that MFSOK assist in the filing of the Client's continuing disclosure information on the Electronic Municipal Market Access (ENEMA) website, with the understanding that Client will compile and prepare the required continuing disclosure information and present the continuing disclosure information within the Client's Consolidated Annual Financial Report (CAFR). If the Client elects to file its own continuing disclosure information on the EMMA website, MFSOK will not charge the Client for continuing disclosure services. 2 C. Expenses for New Issues and Refunding Issues. MSFOK shall also be paid a fixed amount of $2,500.00 per transaction to cover expenses incurred as part of the transaction, provided that any filing, publication, recording or printing costs or similar third -party costs required in connection with the Issue shall be paid directly by the Client. D. Payment and Contingency for New Issues and Refunding Issues. Payment for all fees and expenses shall be made at closing from proceeds of the Issue or from other available funds of the Client and shall be contingent upon closing of the Issue. E. Other Services Under Separate Agreement If requested by Client, MFSOK may provide other services including but not limited to: 1. Utility rate analysis. 2. Estimate of Needs review or preparation. 3. Verification of compliance with bond /loan covenants such as debt service coverage ratio covenants and utility rate covenants for lenders, bond insurers, and others. 4. Debt capacity analysis. 5. Cash defeasance or redemption services. Ill Term and Termination A. Term of Agreement. Unless terminated as provided herein, the terms of this Agreement shall be in place from the date approved by the Client until March 31, 2025. B. Termination of Agreement and Services This Agreement and all services to be rendered hereunder may be terminated at any time by written notice from either party, with or without cause, with at least thirty (30) days' notice. In that event, all finished and unfinished documents prepared for the Client, shall, at the option of Client, become its property and shall be delivered to it or any party it may designate, provided that MFSOK shall have no liability whatsoever for any subsequent use of such documents. IV. Successors and Assiens MFSOK may not assign its obligations under this Agreement without the written consent of Client except to a successor partnership or corporation to which all or substantially all of the assets and operations of WSOK are transferred. Client may assign its rights and obligations under this Agreement to (but only to) any other public entity that incurs the loan. Client shall not otherwise assign its rights and obligations under this Agreement without written consent of MFSOK. All references to MFSOK and Client in this Agreement shall be deemed to refer to any successor of WSOK and to any such assignee of Client and shall bind and inure to the benefit of such successor and assignee whether so expressed or not. V. Municipal Advisor Registration and Acknowledgement Pursuant to Municipal Securities Rulemaking Board Rule (MSRB) G -10, on Investor and Municipal Advisory Client Education and Protection, Municipal Advisors are required to provide certain written information to their municipal advisory client and/or obligated person clients which include the following: Municipal Finance Services, Inc. is currently registered as a Municipal Advisor with the U.S. Securities and Exchange Commission (SEC) and the MSRB. WSOK is also registered as an Investment Advisor with the State of Oklahoma. Within the MSRB website at www.msrb.org, the Client may obtain the Municipal Advisory client brochure that is posted on the MSRB website. The brochure describes the protections that may be provided by the MSRB Rules along with how to file a complaint with financial regulatory authorities. VI. Conflict of Interest Statement As of the date of this agreement, MFSOK has performed a reasonable diligence to determine if there are any conflicts of interest that should be brought to the attention of the Client. During the diligence process, MFSOK has determined that no material conflict of interest has been identified, however, would like to provide the following disclosures: MFSOK serves a wide variety of other clients that may from time to time have interests that could have a direct or indirect impact on the interests of another MFSOK client. For example, MFSOK serves as municipal advisor to other clients and, in such cases, owes a regulatory duty to such other clients just as it does to the Client. These other clients may, from time to time and depending on the specific circumstances, have competing interests. In acting in the interests of its various clients, MFSOK could potentially face a conflict of interest arising from these competing client interests. MFSOK fulfills its regulatory duty and mitigates such conflicts through dealing honestly and with the utmost good faith with its clients. The compensation arrangement included in Section U includes a component that is based on the completion of a transaction. Consistent with certain regulatory requirements, WSOK hereby discloses that such contingent and/or transactional compensation presents a conflict of interest, because it may cause MFSOK to recommend a transaction that is unnecessary or in a size that be larger than is necessary. This may be viewed as a conflict of interest regarding our ability to provide unbiased advice to enter into such transaction. This viewed conflict of interest will not impair MFSOK's ability to render unbiased and competent advice or to fulfill its fiduciary duty. The fee paid to MFSOK increases the cost of borrowing to the Client. The increased cost occurs from compensating MFSOK for municipal advisory services provided. If MFSOK becomes aware of any other actual or potential conflict of interest not mentioned above during this agreement, W SOK will promptly provide the Client a supplement written disclosure with sufficient details of the change, if any, which will allow the Client to evaluate the situation. M. Loyal Events and Disciplinary History A regulatory disclosure action has been made on MFSOK's Form MA and on Form MA -I for two of MFSOK's municipal advisory personnel relating to a 2017 U.S. Securities and Exchange Commission ( "SEC ") order. The details of which are available in Item 9; C (2), C (4), C (5) and the corresponding regulatory action DRP section on Form MA and Item 6: C (2), C (4), C (5), C (6) and the corresponding regulatory action DRP section on Form MA -I for both Rick A. Smith and Jon Wolff. In addition, the Oklahoma Department of Securities adopted the above proceedings which are identified in Item 9; D (2), D (4) and the corresponding regulatory action DRP section on Form MA. The Client may electronically access MFSOK's most recent Form MA and each most recent Form MA- I filed with the Commission at the following website: www.sec.gov/edRar/searched!zat-/companysearch.htm 1. There has been no change to any legal or disciplinary event that has been disclosed on MFSOK's SEC registration for MA filings since December 18, 2017. Vlll. Fiduciary Duty MFSOK is registered as a Municipal Advisor with the SEC and MSRB. As such, MFSOK has a Fiduciary duty to the Client and must provide both aDuty of Care and aDuty ofLoyalty that entails the following. Duty of Care: A. exercise due care in performing its municipal advisory activities; B. possess the degree of knowledge and expertise needed to provide the Client with informed advice; C. make a reasonable inquiry as to the facts that are relevant to the Client's determination as to whether to proceed with a course of action or that form the basis for any advice provided to the Client; and D. undertake a reasonable investigation to determine that MFSOK is not forming any recommendation on materially inaccurate or incomplete information; MFSOK must have a reasonable basis for. a. any advice provided to or on behalf of the Client; b, any representations made in a certificate that it signs that will be reasonably foreseeably relied upon by the Client, any other party involved in the municipal securities transaction or municipal financial product, or investors in the Client's securities; and C. any information provided to the Client or other parties involved in the municipal securities transaction in connection with the preparation of an official statement. Duty ofLoyalty: MFSOK must deal honestly and with the utmost good faith with the Client and act in the Client's best interests without regard to the financial or other interests of MFSOK. MFSOK will eliminate or provide full and fair disclosure (included herein) to Client about each material conflict of interest (as applicable). MFSOK will not engage in municipal advisory activities with the Client as a municipal entity, if it cannot manage or mitigate its conflicts in a manner that will permit it to act in the Client's best interests. As of the date of receipt of this attachment, MFSOK has performed a reasonable diligence to determine if there are any conflicts of interest that should be brought to the attention of the Client. LY Recommendations If W SOK makes a recommendation of a municipal securities transaction or municipal financial product or if the review of a recommendation of another party is requested in writing by the Client and is within the scope of the engagement, MFSOK will determine, based on the information obtained through reasonable diligence of MFSOK whether a municipal securities transaction or municipal financial product is suitable for the Client. In addition, MFSOK will inform the Client of A. the evaluation of the material risks, potential benefits, structure, and other characteristics of the recommendation; B. the basis upon which MFSOK reasonably believes that the recommended municipal securities transaction or municipal financial product is, or is not, suitable for the Client; and C. whether MFSOK has investigated or considered other reasonably feasible alternatives to the recommendation that might also or alternatively serve the Client's objectives. If the Client elects a course of action that is independent of or contrary to the advice provided by MFSOK, MFSOK is not required on that basis to disengage from the Client. X. Record Retention Pursuant to SEC, MSRB and the Oklahoma Department of Securities record retention regulations, Municipal Finance Services, Inc. will maintain in writing, all communication and created documents between Municipal Finance Services, Inc. and the Client for six (6) years. Notices Any and all notices pertaining to this Agreement shall be sent by U.S. Postal Service, first class, postage prepaid to: MFSOK Municipal Finance Services, Inc. Attn: Rick A. Smith 3933 E. Covell Road Edmond, OK 73034 CLIENT: City of Owasso Attn: Mayor 200 S Main Street Owasso, OK 74055 G Acceptance If there are any questions regarding the above, please do not hesitate to contact MFSOK. If the foregoing terms meet with your approval, please indicate your acceptance by executing all original copies of this letter and keeping one copy for your file. By signing this agreement, the Client acknowledges the provisions set forth in the agreement and understands its respective rights, duties, and responsibilities. Furthermore, the Scope of Services contained herein have been reviewed and are hereby approved. In addition, the Client acknowledges receipt of the Form ADV Part 2A Brochure and Part 2B Brochure Supplement. Client and MFSOK have entered into this Agreement by the duly authorized representatives which was approved on March 17, 2020. at a meeting duly called and held in full compliance with the Oklahoma Open Meeting Act. MUNICIPAL FINANCE SERVICES, INC. By: A. Smith, President CITY OF OWASSO Chris Kelley, Mayor OWASSO PUBLIC WORKS AUTHORITY Chris Kelley, Chair TO: The Honorable Mayor and City Council FROM: Karl Fritschen RLA, AICP Planning Manager SUBJECT: Ordinance 1163, Partial Utility Easement Closure - 11426 North 134th East Avenue, Lot 2, Block 1 Replat of Garrett Creek Center Phase II DATE: March 13, 2020 BACKGROUND: The City of Owasso received a request from KKT Architects for the partial closing of a twenty -foot (20') utility easement. The location of the easement lies on Lot 2, Block 1, Replat of Garrett Creek Center Phase II (11426 North 134th East Avenue). An urgent care facility currently occupies this property. It was discovered upon completion of the urgent care facility that the building was built over the easement by approximately two feet (2'). The total area proposed to be closed is 166 square feet. The overall impact to utilities is minimal, as most appear to be away from the area requested to be closed. The required notice was sent to all franchise utility companies. The City of Owasso Public Works Department indicated there should be no impact to future utilities. No other utilities appear to be affected by the closing of this portion of the easement. No utility companies expressed issue with the proposed closing of the easement. Should the City Council take action to close the easement, the applicant would file for vacation of the easement with the District Court, which will complete the easement closure process. TECHNICAL ADVISORY COMMITTEE: The Technical Advisory Committee reviewed the request at their February 19, 2020 meeting. No comments or concerns regarding negative impacts to utilities were expressed at the meeting. RECOMMENDATION: Staff recommends adoption of Ordinance 1163. ATTACHMENTS: Ordinance 1163 Aerial map CITY OF OWASSO, OKLAHOMA ORDINANCE 1163 AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A UTILITY EASEMENT LOCATED IN THE GENERAL LOCATION OF 11422 NORTH 134TH EAST AVENUE, TULSA COUNTY, STATE OF OKLAHOMA, OWASSO, OKLAHOMA, ACCORDING TO THE RECORD PLAT NO. 6801 WHEREAS, the City of Owasso, Oklahoma, has deemed it necessary and expedient to close to the public use a portion of a certain public utility easement attached as Exhibit "A "; and, WHEREAS, the City of Owasso retains the absolute right to reopen the some without expense to the municipality, and repealing all ordinances or parts of ordinances in conflict. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION 1. A TRACT OF LAND LOCATED IN THE NW /4 OF SECTION 9, T -21 -N, R -14 -E OF THE I.B. &M., TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT ONE (1) BLOCK TWO (2) RE -PLAT GARRETT CENTER PHASE II; THENCE S53°15'46 "W AND ALONG NORTH LINE OF SAID LOT ONE (1) FOR A DISTANCE OF 310.21 FEET; THENCE S36°44'14 "E FOR A DISTANCE OF 33.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S36°44' 14 "E FOR A DISTANCE OF 2.00 FEET; THENCE S53°15'46 "W FOR A DISTANCE OF 83.00 FEET; THENCE N36°44' 14 "W FOR A DISTANCE OF 2.00 FEET; THENCE N53°15'46 "E FOR A DISTANCE OF 83.00 FEET TO THE POINT OF BEGINNING; SAID TRACT CONTAINING 166 SQUARE FEET OR 0.0037 ACRES MORE OR LESS. THE GENERAL LOCATION IS 11422 N 134TH E AVENUE. The same is hereby closed for public use as a utility easement. SECTION 2. All ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION 4. If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION 5. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION 6. There shall be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance. ADOPTED this 17th day of March, 2020 Chris Kelly, Mayor ATTEST: Juliann M. Stevens, City Clerk (SEAL) APPROVED AS TO FORM: Julie Lombardi, City Attorney Ordinance 1163 Page 2 of 3 Legal Description The Shops at Garrett Creek 1 NORTHEAST CORNER OF LOT ONE BLOCK TWO RE —PLAT LOT 2, BLOCK 1 GARRETT CREEK CENTER PHASE II / (POINT OF COMMENCEMENT) POINT OF BEGINNING /33.00' 14 E 166 SQ. FT. 'Ro 46' MUTUAL 0.00 ACRES± ACCESS EASEMENT Aerial Photo The Shops at Garrett Creek E 116TH St N SUBJECT PROPERTY Location of Easement TO: The Honorable Mayor and City Council FROM: Karl Fritschen AICP, RLA Planning Manager SUBJECT: Final Plat- Hawthorne at Stone Canyon Phase I DATE: March 13, 2020 BACKGROUND: The City of Owasso received a final plat application for review and approval of Hawthorne at Stone Canyon Phase I, a proposed single - family residential development. The property is located south and west of the intersection of 761h Street North and North 193rd East Avenue in the Stone Canyon Development. The property is zoned RS -20 under the Stone Canyon Planned Unit Development (PUD) and will consist of 19 single - family home sites. SURROUNDING ZONING: Direction Zoning Use Land Use Plan Jurisdiction North RS -20 (Residential Single - Family Undeveloped Residential Rogers County Within a PUD? Medium Density) Within an Overlay District? No Water Provider South RS -20 (Residential Single - Family Residential Residential Rogers County Medium Density) East RS -40 (Residential Single - Family Residential Residential Rogers County Low Medium Density) West RS-20 (Residential Single - Family Undeveloped Residential City of Owasso Medium Density) SUBJECT PROPERTY /PROJECT DATA:. Property Size 10.43 acres +/- Land Use Master Plan Residential Current Zoning RS -20 Rogers County under Stone Canyon PUD Proposed Use Residential Subdivision Proposed Lots /Blocks 19 Lots, 3 Blocks Within a PUD? Stone Canyon PUD (approved originally in Rogers County) Within an Overlay District? No Water Provider Rogers County Rural Water District #3 Applicable Paybacks /Fees 76th St N Interceptor Payback Area ($1,341.00 per acre) Storm Siren Fee ($50.00 per acre) Public Streets Yes ANALYSIS: The Stone Canyon PUD was originally approved in Rogers County in 2006. Subsequently, the developer applied for annexation of the undeveloped portion of the Stone Canyon PUD into the City of Owasso. The undeveloped land in Stone Canyon was brought into Owasso City limits with Ordinance 934 in 2008, giving that area access to Owasso City services, including Police, Fire, EMS, and sanitary sewer. Hawthorne at Stone Canyon Phase I would become the first residential subdivision within the Stone Canyon PUD to be developed inside Owasso City limits. The Final Plat for Hawthorne at Stone Canyon Phase I proposes 19 lots on 3 blocks on a 10.43 acre tract of land, yielding a gross density of 1.83 dwelling units per acre (DU /AC). The main access into the development will be off East 72nd Street North, just west of the intersection of North 193rd East Avenue. The underlying zoning of this tract of land is RS -20 (Residential Single- Family Medium), which is the Rogers County zoning classification that was retained with the annexation of the Stone Canyon PUD. The PUD states that residential uses must meet RS -20 requirements as set out by the Rogers County Zoning Code if they are not served by a sanitary sewer system. However, all residential development within Owasso City limits would be required to connect to the Owasso sanitary sewer system. The lot sizes for the Hawthorne at Stone Canyon Phase I range from the smallest lot being 10,441 square feet and the largest lot at 20,856 square feet. The development standards as laid out in this Final Plat meet the requirements as set forth in the PUD approved by Rogers County. The City of Owasso will provide Police, Fire, EMS, and sanitary sewer to the property. Water will be provided by Rogers County Rural Water District #3. Perimeter and interior utility easements are shown on the Final Plat that will allow utility companies adequate access to serve the lots in the development. The development that occurs on the subject property shall adhere to all subdivision, zoning, and engineering requirements of the City of Owasso in addition to those established under the Stone Canyon PUD. PLANNING COMMISSION: The Owasso Planning Commission voted 4 -0 to recommend approval of the Final Plat for Hawthorne at Stone Canyon Phase I at their regular meeting on March 9, 2020. RECOMMENDATION: Staff recommends approval of the Final Plat for Hawthorne at Stone Canyon Phase I. ATTACHMENTS: Aerial Map Final Plat - Hawthorne at Stone Canyon Phase I Hawthorne at Stone Canyon Final Plat 1" = 752 ft 07/2012017 This map represents a visual display of related geographic information. Date provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy, please contact O,vasso Public staff for the most up -to -date information. OWNMDEVELORR: C.R.9. U. DEVELOPMENT CO. L.L.C. FINAL PLAT HAWTHORNE AT STONE PHASE I AN ADDITION TO THE CITY OF MMD). ROOERS COUNTY. STATE OF OHIANOW SECTION ]S. TOWNSHIP 21 NORM. RANGE 14 EAST. I.R.&M. TO: The Honorable Mayor and City Council FROM: Karl A. Fritschen RLA. AICP. MRCP Planning Manager SUBJECT: Final Plat - Time to Shine DATE: March 13, 2020 BACKGROUND: The City of Owasso received an application for review and approval of a preliminary/final plat for Time to Shine Car Wash. The subject lot is located at 11515 East 96th Street North and is approximately 4.09 acres in size. The plat proposes two (2) lots on one (1) block. The property is currently zoned Commercial Shopping (CS) and lies within the US -169 Overlay District. A Specific Use Permit (SUP 19 -01) for a car wash facility was approved by City Council for this property in September, 2019. SURROUNDING ZONING AND LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North AG (Agriculture) Undeveloped Commercial Tulsa County South AG (Agriculture) Undeveloped Commercial City of Owasso East CS (Commercial Shopping) Commercial Commercial City of Owasso West CG (Commercial General) Commercial Commercial City of Owasso SUBJECT PROPERTY /PROJECT DATA: Property Size 4.09 acres +/- Current Jurisdiction City of Owasso Current Zoning CS (Commercial Shopping); SUP 19 -01 Lots /Blocks 2 Lots, 1 Block Land Use Master Plan Commercial Within PUD? No Within Overlay District? Yes; US -169 Overlay District Water Provider City of Owasso Applicable Paybacks /Fees Storm Siren Fee - $50.00 per acre; Regional Detention - $30,737.42 per acre ANALYSIS: This is a two (2) lot, one (1) block preliminary/final plat that will contain a car wash facility on Lot 1, while Lot 2 will remain undeveloped. The property owner of Lot 1, where the car wash facility will operate, obtained an agreement with the property owner to the east to utilize the existing Preliminary/ Final Plat - Time to Shine Page 2 private driveway leading to the Candlewood Suites hotel for gaining access into this property. Therefore, this plat shows two access points along this drive. Since this drive is private, there is no requirement to show limits -of- access (LOA) or limits -of -no (LNA) access. The southern access point will function as an exit only, while the north access will be within the mutual access easement (MAE) that is shown along the north boundary of the Lot 1. Access for Lot 2 will come from the mutual access easement that is being recorded with this plat. This access easement also adjoins a recorded MAE on the Braum's property to the west. The applicant has indicated they will be tying to the drive at this location, which would provide continuous east /west access across the entire north side of Lot 1. Perimeter and interior utility easements are shown on the plat that will allow utility companies adequate access to service the development. Future development on this property shall adhere to all subdivision, zoning, and engineering requirements of the City as well as any requirements set forth in Specific Use Permit 19 -01 and for the US -169 Overlay District. PLANNING COMMISSION: The Owasso Planning Commission voted 4 -0 to recommend approval of the Final Plat for Time to Shine at their regular meeting on March 9, 2020. RECOMMENDATION: Staff recommends approval of the Final Plat for Time to Shine. ATTACHMENTS: Aerial Map Final Plat -Time to Shine Preliminary/ Final Plat Time to Shine to Wash TREASURER'S STAMP DO NOT USE THIS SPACE 'FINAL PLAY Time to Shine ASUBOMSION IN PART OFTHE SW/4 CIFTME SW /4 SECTION 17, T -21 -N, R -14-E CITY OF OWASSO. TULSA COUNTY. OKLAHOMA TO: The Honorable Mayor and City Council FROM: Karl Fritschen AICP, RLA Planning Manager SUBJECT: Final Plat of the Replat of Lot 2 Block 2, Owasso Business Park Kum and Go # 1858 DATE: March 13, 2020 BACKGROUND: The City of Owasso received a final plat application, which includes a replat of Lot 2 Block 2 of Owasso Business Park, for a new Kum and Go convenience store located at 502 East 2nd Street (76th Street North). An abandoned Shell gas station currently occupies the property. The property is zoned Commercial Shopping (CS) and lies within the Downtown Overlay District. Convenience stores and gas stations are prohibited in the Downtown Overlay, however the Owasso Board of Adjustment approved case OBOA 20 -01 for a special exception to allow for the construction of the Kum and Go store. SURROUNDING ZONING: Direction Zoning Use Land Use Plan Jurisdiction North PF (Public Facilities) School Administration Building Downtown Overlay City of Owasso South CS (Commercial Shopping) Undeveloped Downtown Overlay City of Owasso East CS (Commercial Shopp i ng) Restaurant Downtown Overlay City of Owasso West CS (Commercial Shopping) Restaurant Downtown Overlay City of Owasso SUBJECT PROPERTY /PROJECT DATA: Property Size 1.074 acres +/- Land Use Master Plan Downtown Overlay District Current Zoning CS Proposed Use Convenience Store Proposed Lots /Blocks 1 Lot, 1 Block Within a PUD7 No Within an Overlay Yes; Downtown Overlay y Water Provider City of Owasso Applicable Paybacks /Fees Storm Siren Fee ($50.00 per acre) Public Streets N/A Final Plat Replat Page 2 ANALYSIS: The subject property was annexed with Ordinance 47 in 1964. A Shell gas station operated on this property for many years, but closed down approximately 3 years ago. The southern portion of the property is platted as Lot 2, Block 2 Owasso Business Park (filed in 1982) while the northern portion is unplatted. Because of this unique situation where half the property is unplatted, Lot 2, Block 2 will be re- platted for the entirety of the property. The plat will dedicate additional right -of -way along Dogwood Street and proposes two (2) entry points into the site, one from 761h Street North and one from Dogwood Street. Currently, there are a total of four (4) access points into the property. Limits -of- access (LOA) and limits- of -no- access (LNA) are shown on the plat to properly record the access points. A thirty -five foot (35') mutual access drive and twenty foot (20') water easement that run along the southern portion of the property connecting the adjoining McDonalds lot to the east will be retained. There is a twenty foot (20') utility easement that runs across the middle of the property, which will be vacated by separate instrument. Because the property had a business on it for many years, utility easements have been provided by separate instrument to bring services into the property. Due the proximity of the property in relation to the floodplain, stormwater detention is not required. The City of Owasso will provide water, sanitary sewer, Fire, Police, and EMS services to the proposed facility. Any construction that occurs on the subject property shall adhere to all subdivision, zoning, and engineering requirements of the City of Owasso. PLANNING COMMISSION: The Owasso Planning Commission voted 4 -0 to recommend approval of the Final Plat for the Replat of Lot 2 Block 2, Owasso Business Park Kum and Go #1858 at their regular meeting on March 9, 2020. RECOMMENDATION: Staff recommends approval of the Final Plat for Replat of Lot 2 Block 2, Owasso Business Park Kum and Go # 1858. ATTACHMENTS: Aerial Map Final Plat - Replat of Lot 2 Block 2 Owasso Business Park Kum and Go # 1858 Kum and Go #1858 Final Plat FINAL PLAT OF LEGEND ,3 REPLAT OF LOT 2 BLOCK 2 OWASSO BUSINESS PARK KUM & GO #1858 TO: The Honorable Mayor and City Council FROM: Karl Fritschen, MRCP, AICP, RLA Planning Manager SUBJECT: Resolution 2020 -09, Project Application Community Development Block Grant (CDBG FY 2020) DATE: March 13, 2020 BACKGROUND: The primary objective of the national Community Development Block Grant (CDBG) Program is the "development of viable urban communities by providing decent housing and a suitable living environment, particularly for persons of low and moderate incomes." All project proposals submitted for funding through the CDBG Program must document the achievement of at least one (1) of the following national objectives: • Provide benefit to low and moderate income persons; • Aid in the prevention or elimination of slums or blight; and • Meet other community development needs having particular urgency or posing a serious or immediate threat to the health or welfare of a community. ANTICIPATED FUNDING: In January 2020, the Indian Nation Council of Governments ( INCOG), provided information regarding the FY 2020 CDBG application. A completed application, which includes a public hearing, resolution, and cooperation agreement, is due no later than April 3, 2020. Owasso is now part of an Urban County and as such does not compete for the funding through the State Department of Commerce. According to INCOG, Owasso will receive an allocation of approximately $142,053.33 for the FY 2020 CDBG funding cycle, which does not require a local match. PAST CDBG PROJECTS: In the past, Owasso has utilized CDBG monies for sidewalk, sanitary sewer, street, and park improvements. In 2014, Housing of Urban Development (HUD) changed the income limits that determined if individuals and families qualified as a low to moderate income household. As a result, Owasso lost much of its former qualifying area in and around the original town area, leaving only a small area around the Baptist Village neighborhood. Owasso staff performed income surveys for smaller targeted geographic areas in the summer of 2015, qualifying the Hale Acres neighborhood near North Garnett Road and East 116 +h Street North for a five (5) year period. Since the Hale Acres neighborhood qualified for funding under the revised HUD income limits, the City has utilized CDBG funds from the FY 2016, 2017, 2018, and 2019 allocations for replacement of sanitary sewer lines in this neighborhood. Staff is proposing to continue utilizing the funds for replacement of the sanitary sewer lines in Hale Acres. Staff was also informed by INCOG that the survey used to qualify this neighborhood will expire in July 2020. Therefore, this year's funding will be the last allocation that the City will be allowed to use in the Hale Acres neighborhood before having to perform another income survey in the fall of 2020. Resolution 2020 -09 Page 2 of 2 PUBLIC HEARING: Staff consulted with INCOG regarding the requirement of holding a separate Public Hearing and was told that "since the project is a continuation of the same activity that the City has been doing for several years in the same location, then no separate Public Hearing is required ". PROPOSED FY2020 PROJECT: The proposed project is a continuation of the replacement of deteriorated 8" clay tile sanitary sewer pipe in the Hale Acres subdivision. This project will replace the existing sewer lines in the back of the lots between East 112th Place North and East 113th Street North between North 106th East Avenue and North 112th East Avenue. The existing 8" clay pipe will be replaced with approximately 1,000 linear feet (LF) new HDPE 8" inch pipe. The segment on the north side of East 113th Street North will also be replaced with 1,000 LF of new pipe, should funds allow. The work, which will be considered Phase III of the Hale Acres sewer improvements, will involve pipe bursting. The work will continue to address many years of inflow and infiltration issues in this area of Owasso's collection system that was originally installed in the 1960s. The project will be designed in -house by the Engineering Division of Public Works. A map has been provided with this memo indicating the general location of the proposed improvements. RECOMMENDATION: Staff recommends approval of Resolution 2020 -09, requesting assistance from the Tulsa County CDBG Urban County Program, approving an application identifying the installation of new sanitary sewer lines in the Hale Acres subdivision as the preferred project for the FY 2020 funding cycle, and authorization to execute all related documents. ATTACHMENTS: CDBG Application Resolution 2020 -09 Map - Owasso CDBG Sanitary Sewer Replacement Locations FY2020 APPLICATION GUIDANCE Due date for this Application is April 3, 2020 The CDBG program is authorized under Title I of the Housing and Community Development Act of 1974, as amended. The purpose of this Application Guidance is to provide assistance in preparing a Community Development Block Grant application for the FY2020 Tulsa County CDBG Urban County Program. Eligible Entities Entities included for FY2020 funding, the funding allocation to the entity, and the percentage of low and moderate income population for each is listed below: Proposed Percentage Threshold Requirements for FY2020 Metro City Applications Due to HUD'S desire for all Entitlements to dramatically increase their expenditure rates and failure of select Entities to expend funds in a timely manner, the following expenditure criteria have been established and will be implemented for the FY2020 Application cycle. To submit an application for FY2020, communities with open Metro Entities contracts must comply with the following Threshold Requirements: 100% of 2017 grant expended; 50% of 2018 grant expended and reimbursement request submitted; 2019 obligated through bid award or design process underway (documentation required). If the above expenditure requirements have not been met by April 1, 2020, the community will not be eligible to submit an application. Staff will determine re- allocation of funds. Guidance Community Development Block Grant (CDBG) 2020 Tulsa County Urban County Page 1 of 6 Allocation Low /Mod Metro Entities Amount Population Broken Arrow Infrast. $399,943.39 28.43 Bixby $82,972.41 23.03 Owasso $142,053.33 26.66 Sand Springs $96,302.91 38.12 Sapulpa $158,129.03 49.54 Revolving Entities Skiatook $117,630.50 42.64 Sperry $117,630.50 49.56 Threshold Requirements for FY2020 Metro City Applications Due to HUD'S desire for all Entitlements to dramatically increase their expenditure rates and failure of select Entities to expend funds in a timely manner, the following expenditure criteria have been established and will be implemented for the FY2020 Application cycle. To submit an application for FY2020, communities with open Metro Entities contracts must comply with the following Threshold Requirements: 100% of 2017 grant expended; 50% of 2018 grant expended and reimbursement request submitted; 2019 obligated through bid award or design process underway (documentation required). If the above expenditure requirements have not been met by April 1, 2020, the community will not be eligible to submit an application. Staff will determine re- allocation of funds. Guidance Community Development Block Grant (CDBG) 2020 Tulsa County Urban County Page 1 of 6 Applications should be submitted to: INCOG Claudia Brierre 2 West 2nd Street, Suite 800 Tulsa, OK 74103 cbrierre(cDincog.org Section One National Objective The primary National Objective of the Community Development Block Grant (CDBG) Program is the "development of viable urban communities by providing decent housing and a suitable living environment, particularly for persons of low and moderate incomes." All project proposals submitted for funding through the CDBG Program must document the achievement of at least one of the following National objectives: • Provide benefit to low and moderate income persons. • Aid in the prevention or elimination of slums or blight. • Meet other community development needs having particular urgency, posing a serious or immediate threat to the health or welfare of a community. Most CDBG applicants qualify their project activities under the National Objective of benefit to low and moderate income persons. Applicants are cautioned that qualifying a project under slum or blight or urgent need is a difficult process that has very limited application and can only be used under special conditions and circumstances. Therefore, you are urged to qualify your proposal under benefit to low and moderate income persons. Applicants who qualify a proposal using slum and blight or urgent need must receive guidance and approval from INCOG. To qualify for CDBG funding under the National Objective of benefit to low and moderate income persons, the proposed project activities must show a positive or general improvement of living condition in a definable geographic target area where at least 51 % of the occupied households /homes are of low and moderate income families. Low and moderate income families have an income equal to or less than the current Section 8 low income limits established by the United States Department of Housing and Urban Development (HUD). Each activity proposed for funding with Community Development Block Grant(CDBG) dollars claiming the National Objective of benefit to low and moderate income persons, must provide data indicating the percentage of low and moderate income beneficiaries. Application Criteria 1. No matching funds are required. Guidance Community Development Block Grant (CDBG) 2020 Tulsa County Urban County Page 2 of 6 2. No administration expenses will be funded with CDBG funds. 3. When planning projects for FY2020, be aware that accumulating more than 2 years of grant funding is not permitted. 4. Engineering is a permissible use of CDBG funds but competitive procurement requirements must be followed 5. Income surveys of the project target area must be conducted. The use of Census Tract or Block Group data to document the percentage of low and moderate income beneficiaries for any CDBG funded activity should receive prior INCOG review and approval. 6. Applicants must hold an application phase Public Hearing informing citizens of the proposed project and submit documentation of the Public Hearing with this application. Notice must be given at least 15 days prior to the public hearing by publication in jurisdiction newspapers; or by posting at city halls. Acceptable documentation consists of the affidavit of publication or a copy of the newspaper article announcing the public hearing, or copy of certified posted notice. Tulsa County has prepared a Citizen Participation Plan on behalf of the Urban County communities; therefore, the individual community does not need to prepare a full Citizen Participation plan. 7. Specific projects identified in the application must have cost estimates derived from professional sources. Water and wastewater projects that require Oklahoma Department of Environmental Quality construction permitting must have certified cost estimates from a professional engineer licensed to work in Oklahoma. For other types of projects, professional cost estimates may be derived from architects, engineers, vendors, construction companies, or appropriate personnel qualified to make such estimates. Use of Funds The CDBG Program funds a broad array of projects and activities including but not limited to the following: • Water and wastewater system improvements • Solid waste • Fire protection • Streets • Neighborhood Parks • Housing activities including construction, emergency repair, rehabilitation • Acquisition of real property for eligible public purposes • Clearance, demolition and removal of buildings and improvements • Senior citizen centers • Gas and electrical system improvements • Removal of architectural barriers associated with handicapped areas • Storm water drainage improvements • Economic Development Guidance Community Development Block Grant (CDBG) 2020 Tulsa County Urban County Page 3 of 6 • Social services- (City of Broken Arrow only) Construction of ADA Sidewalks in non -low /mod census tracts is not an eligible project. Guidance regarding eligibility requirements can be found in 24CFR 570.201 of the Federal Housing and Community Development Act of 1974, as amended. Proposal Guidance Applicants are encouraged to contact the staff persons listed below with questions regarding program requirements, project conceptualization, or any portion of the Application Packet and /or Guidelines. Claudia Brierre 579 -9431 Barbara Albritton 579 -9420 Steve Boettcher 579 -9453 Megan Douglas 579 -9483 Guidance Community Development Block Grant (CDBG) 2020 Tulsa County Urban County Page 4 of 6 Section Two Required Application Documents 1. Application Summary This form contains information about the specific project and includes a certification from the local government attesting to the accuracy and completeness of the application. The certification form must be completed and signed by the chief elected official of the local government. 2. Line Item Budget (Application Form Attachment A) The description of project activities along with a budget (form provided as Attachment A) should be as specific as possible as they will form the basis of your contract. This Budget should match Professional Cost Estimates submitted with the application. 3. Direct Project Beneficiary Income Survey (Survey Summary Form Attachment B) Income surveys for each proposed CDBG funded activity are a requirement unless using census tract or block group data. Determination of project beneficiaries: City -wide- An activity which will serve the entire city (such as wastewater treatment), provided that the city has a low and moderate income percentage at or above 51 %. If the LMI percentage is below 51 %, an income survey with a 75% response rate must be provided. Area benefit- An activity which benefits all the residents in a particular area where at least 51 percent of the residents are low and moderate income persons. Examples would include resurfacing of a collector street or construction of a fire department substation. Direct benefit- An activity which requires information on household size and income so that it is evident that at least 51 percent of the clientele are persons whose household income does not exceed the low and moderate income limit; or an activity which has income eligibility requirements which limit the activity exclusively to low and moderate income persons. Presumed benefit- Benefit a clientele that is generally presumed to be principally low and moderate income persons. Activities that exclusively serve a group of persons in any one or a combination of the following categories may be presumed to benefit 51 percent low- and moderate - income persons: abused children, battered spouses, elderly persons, adults meeting the Bureau of the Census' Current Population Reports definition of "severely disabled," homeless persons, illiterate adults, persons living with AIDS, and migrant farm workers. Guidance Community Development Block Grant (CDBG) 2020 Tulsa County Urban County Page 5 of 6 Guidelines to identify specific beneficiaries for various activities: • Water or Wastewater Line Replacement or Rehabilitation. Those households directly tapped to or receiving improved service from the lines. Generally, beneficiaries are considered those persons residing in houses who receive their water through new, replaced or upgraded lines, or houses that discharge sewage into or through an improved collection line or main en route to the treatment plant. • New Wastewater or Water Extensions to Previously Un -served Areas. The households /homes that will actually be connected to the wastewater or water line extensions. Service to newly- constructed subdivisions will not be funded due to environmental review requirements. • Flood and Drainage Improvements. Households /homes within the recognized drainage basin. • Fire Protection. Households /homes (buildings, vehicles and equipment) residing within the response area of the fire station; or using actual residential calls made by a fire station over the prior 12 month period, conduct a survey of those residences obtaining no less than 75% response rate. • Senior Citizen Centers and Community Centers. Households /homes within the designated service area of the proposed center. If there is only one center in the community, the service area can be considered to be the entire community. If there is more than one center, then the Applicant must delineate the service area of each center. Senior Citizen Centers are presumed to benefit low and moderate income persons. • Demolition /Clearance /Removal of Junk and Debris and /or Abandoned Inoperative Vehicles. Households /homes within the geographic area designated to receive the focus of the demolition, clearance and /or removal activities. Typically, the properties located within the geographic area designated to receive the demolition /removal activities are considered to be beneficiaries. • Provision of Accessibility for the Handicapped to Public Buildings. The households /homes within the geographic area that receive services from the assisted public building(s). Providing handicapped access to a city hall would provide benefit to the households /homes in the entire city. Proposed handicapped access activities in connection with limited clientele facilities are presumed to benefit low and moderate income persons. • Street Improvements /Sidewalk Improvements. The households /homes that have at least one property line abutting the improvement. Guidance Community Development Block Grant (CDBG) 2020 Tulsa County Urban County Page 6 of 6 4. Identification of Other Project Funding Sources (Application Form Attachment C) Match and leverage are not required for the grant, but should be identified if applicable to the project. 5. Certified Engineering Reports and Professional Cost Estimates (Application Form Attachment D) Water and wastewater projects that require Oklahoma Department of Environmental Quality construction permitting must have certified cost estimates from a professional engineer licensed to work in Oklahoma. For projects not requiring DEQ permits, professional cost estimates must be derived from architects, engineers, vendors, construction companies, or appropriate personnel to make such estimates, and submitted with the application. 6. Applicant Resolution (Application Form Attachment E) Applications must include a Resolution passed by the governing body requesting CDBG assistance from the Tulsa County Urban County program. A sample Resolution is provided as Attachment E of the application. 7. Readiness To Proceed (Attachment F- Applicant Provides own Form) Applications must include an anticipated start date and projected timeline for completion. Documentation of the level of readiness to proceed must be submitted. Guidance Community Development Block Grant (CDBG) 2020 Tulsa County Urban County Page 7 of 6 TULSA COUNTY URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION Required Documents to be submitted with Applications ✓ W -9 Form ✓ Documentation of Current Registration in SAM ✓ Public Hearing Documentation: Affidavit of publication or certified posted notice. ✓ Application Summary Page which includes • Project Title • Detailed Project Description • Map with target area and Census Tract/BG clearly marked • Number of population served • Census Tract(s) and Block Groups(s) identified ✓ Application Certification ✓ Attachment A: Line Item Budget ✓ Attachment B: Income Survey Summary Form • Completed form if Income Survey • LM Percentage ( %) if using CT /BG data ✓ Attachment C: Other Project Funding Sources ✓ Attachment D: Certified Professional Cost Estimates /Engineering Report ✓ Attachment E: Resolution ✓ Attachment F: Project Timeline Application Community Development Block Grant (CDBG) 2020 Tulsa County Urban County Page 1 of 2 TULSA COUNTY URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION FOR FY2020 FUNDS 1. Name of Unit of Local Government Mailing Address PO Box 180 Physical Address 200 South Main City of Owasso Oklahoma Owasso, OK Zip Code +4 74055 -0180 Phone Number 918.376.1515 FEW 73- 6069613 DUNS 013786215 Chief Elected Official Mayor Chris Kelly Clerk Ms. Julie Stevens Fax # 918.376.1597 2. Name of Staff Contact Karl A. Fritschen Phone Number 918.376.1545 E -mail kfritschen @cityofowasso.com 3. Project Title, Detailed Description of Project (Attach additional detail as needed. Provide Map) Hale Acres Sewer Line Replacement The FY 20 Owasso CDBG project is continuation of the replacement of the deteriorated 8" clay tile sanitary sewer pipe in the Hale Acres subdivision. This project will replace the existing sewer lines in the back of lots between E 112th PI N and E 113th St N between N 106th E Ave and N 112th E Ave. The existing 8" clay pipe will be replaced in these locations with approximately 1,000 linear feet (LF) new HDPE 8" inch pipe. The segment on the north side of E 113th St N will also be replaced with 1,000 LF of new pipe, should funds allow. The work, which will be considered Phase III of the Hall Acres sewer improvement, will involve pipe bursting and replacement of the old clay pipe with the new pipe. The work will continue to address many years of inflow and infiltration issues in this area of Owasso's collection system that was originally installed in the 1960s. The attached map depicts the location of said projects. (See Attached Map) Engineering, design, bid advertisement, and construction inspections will take place with City personnel, so the entire grant amount plus any additional City portion will be used solely for installation of the new pipe. Upon environmental clearance, the City will bid the project in accordance with competitive bidding laws and requirements and Davis - Bacon. Based on past CDBG projects, it is expected that this project will be bid in the late fall or early winter of 2020. Application Community Development Block Grant (CDBG) 2020 Tulsa County Urban County Page 2 of 2 4. Number of population served Census Tract/Block Group # Household Income Survey 5 Project Budget Summary: CDBG Funds (FY 20) Other Sources Total Pending Council approval Application Community Development Block Grant (CDBG) 2020 Tulsa County Urban County Page 3 of 2 816 Hale Acres City of Owasso $ 142,053.33 $ 134,000 TULSA COUNTY URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION CERTIFICATION The Applicant hereby certifies that all of the information contained in this application for community development assistance through the Tulsa County CDBG Urban County Program is true and accurate to the best of my knowledge and that all documentation supporting the information in this application is on file in the official offices of this unit of local government, available for review by Tulsa County /HUD during normal business hours. The Applicant also affirms that none of the activities set forth in this application have been initiated, nor shall they be initiated unless a grant has been awarded, a contract fully executed, and notice has been issued by Tulsa County that release of funds requirements have been met. Dr. Chris Kelly, Mayor (Type) Name and Title of Chief Elected Official Date: Signature of Chief Elected Official State of Oklahoma County of Attest: Subscribed and sworn to before me 2020 Application Community Development Block Grant (CDBG) 2020 Tulsa County Urban County Page 4 of 2 Name of Applicant: Total Construction Activity Professional & Non Construction Engineering /Architect Funds Inspection Funds Other: Survey Other: Publishing Total Professional & Non Const. Administrative Costs Public Administrative Funds Direct Administrative Funds Total Administrative Costs Total Project Costs COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2020 TULSA COUNTY URBAN COUNTY BUDGET $ 142,053.33 $142,053.33 $ 134,000.00 $134,000.00 ATTACHMENT A $276,053.33 2020 Tulsa County CDBG Urban County If additional is space needed, attach additional sheet(s) Budget COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) TULSA COUNTY URBAN COUNTY DIRECT PROJECT BENEFICIARY INCOME SURVEY SUMMARY FORM ATTACHMENT B Activity Name: COMPLETE THIS SFCTION RY PI ACIN(9 THE Tf1TAl NI IMRFR nP Wr)1 IcFUn1 nc nnTAlN=n �onnn Tuc unF locum n 01 ,ovcv iN, vnn,.l ., Insert County Income Levels $37,600 $43,000 $48,350 $53,700 $58,000 $62,300 $66,600 $70,900 Number of People in Each Household Below or Above the County Income Levels Below Above Below Above Below Above Below Above Below Above Below Above Below Above Below Above Total Number Of Households Total Number of Occupied Households /Homes in Activity Target Area = 218 Total Number of Persons in Activity Target Area = 816 Total Number of Occupied Households /Homes Surveyed in Activity Target Area = 171 Total Number of Persons Accounted for by the Survey in the Activity Target Area = 577 Total Number of Households Below the Low and Moderate Income Level in the Activity Target Area = 154 Percentage of Total Households Below the Low and Moderate Income Level in the Activity Target Area = 90.1 % 1 I IW CUy GCi u1y ulat MU aoove Inrormauon was omalnea from the occupants of the addresses listed and the information is accurate: City -wide Low and Moderate Income Level (For use only when projects are of City -wide benefit.) Signature of Chief Executive Official [Seal] Subscribed and sworn to before me Commission Community Development Block Grant (CDBG) 2020 Tulsa County Urban County Beneficiary Income Survey Summary – Attachment B Date 20 My commission expires Clerk /Notary Signature HUD Census Data for Low and Moderate Income Level for Block Groups, Enumeration Districts or Census Tracts as Provided by HUD (For use only when a project's target area boundaries are identical to BG, ED or Tracts) % 20 Attachment C COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) TULSA COUNTY URBAN COUNTY INDENTIFICATION OF OTHER PROJECT FUNDING SOURCES Federal /State participation, if any (loans, grants, etc.) provide commitment letters. Agency Purpose Amount Present Status Comment Other sources and amount of project financing including applicant's local contribution, if any. Agency Purpose Amount Present Status Comment City of OWasso,OPWA Augment CDBG funds $134,000 Pending Council Approval Chief Elected Signature Other Funding Sources — Attachment C Community Development Block Grant 2020 Tulsa County Urban County Page I of 1 Date ATTACHMENT D COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2020 TULSA COUNTY URBAN COUNTY Attach Certified Professional Cost Estimates /Engineering Report (where applicable) 2020 Hale Acres CDBG Sewer Line Replacement, Phase III Prepare by: Owasso Public Works 2/25/2020 Item Number Item Description Amount Unit Cost Total Cost Mobilization /Demobilization 1 LS 5000 $5,000 2 Construction Staking 2500 $2,500 3 Traffic Control /SafetySignage 1000 $1,000 4 Insurance and Permits 1000 $1,000 5 RND of Old Sewer Line 2000 LF 2 $4,000 6 RND of Old Manholes 5 EA 150 S750 7 8-inch HDPE (Pipe Bursting) 2000 LF S100 5200,000 8 Manholes 5 EA 1500 $7,500 9 Extra Deep manholes 15 VF 160 $2,400 10 4 7'Service Tap 20 EA 750 515,000 it Reconnect Sewer Line 2 EA 2000 $4,000 12 Restoration 2000 LF 3 $6,000 13 Project allowance 20000 520,000 Total $269,150 HALE ACRES SUBDIVISION 1" = 752 ft Sub Title 10/29/2015 This map represents a visual display of related geograpnlc information. Data provided hereon Is not a guarantee of actual Held condlnons- To oe sure of complete accuracy, please ceniact Owasso start for the most up- to-date Information. ATTACHMENT E CITY OF OWASSO, OKLAHOMA RESOLUTION 2020 -09 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2020 TULSA COUNTY URBAN COUNTY WHEREAS, the Housing and Community Development Act of 1974, as amended (24 U.S.C. 93- 383 et seq.), (the "Act "), provides that Community Development Block Grant, ( "CDBG'), funds may be used for the support of activities that provide decent housing and suitable living environments and expanded economic opportunities principally for persons of low- and moderate - income; and, WHEREAS, CDBG Regulations 24 CFR 570.307(a) allow counties having a total combined population of 200,000 or more from the unincorporated areas and participating incorporated areas to qualify as an urban county; and, WHEREAS, Title I of the Housing and Community Development Act of 1974, Public Law 93 -383, as amended, authorized the Secretary of Housing and Urban Development, as a representative of the United States of America, to grant to Tulsa County funds and administrative responsibility for the Tulsa County CDBG Urban County program; and WHEREAS, a Cooperation Agreement between Tulsa County and the City has been executed for the purpose of participation in the Tulsa County Urban County Community Development Block Grant Program for Federal Fiscal Years 2020 -2022; and, NOW THEREFORE, BE IT RESOLVED by the Owasso City Council that the City of Owasso desires to obtain assistance in addressing community development needs and hereby requests the Tulsa County CDBG Urban County program to provide assistance. NOW THEREFORE, BE IT FURTHER RESOLVED by the Owasso City Council that the City of Owasso affirms its commitment to take all action within its power to facilitate the receipt of the assistance of community development funds, and upon receipt to administer said grant by the rules and regulations established by the United States of America, the State of Oklahoma, Tulsa County and all empowered agencies thereof. ADOPTED this 171 day of March, 2020, at a regularly scheduled meeting of the governing body, in compliance with the Open Meeting Act, 25 O.S. §§ 301 -314 (2001). Chris Kelley, Mayor (SEAL) Attest: Subscribed and sworn to before me March, 17, 2020 Juliann M. Stevens, City Clerk ATTACHMENT F COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2020 TULSA COUNTY URBAN COUNTY Attach Project Timeline which clearly demonstrates Readiness To Proceed, including an anticipated start date and projected timeline for completion. Documentation of the level of readiness to proceed must be submitted. The project will involve entering people's back yards with equipment in some locations. The sewer lines are in recorded easements, so obtaining new easements will be unnecessary. This will expedite the work. Pipe bursting will be the method of replacement for the sewer lines which will minimize disturbances to property and also expedite the project. Below is the anticipated project schedule as of the date of this writing. • Environmental Clearance -Summer 2020 • Initiate Contract- Fall 2020 • Initiate Design - Fall of 2020 • Bidding - Early winter 2021 OWASSO SPORTS PARK Completed not using CDBG funds HALE ACRES SUBDIVISION 116TH ST. Phase III (Purple Lines) — FY 20 funds Phase II (Blue Lines) - Planned project using FY 18119 funds plus carry over amount from FY 16/17 funds Phase I (Green Lines) FY 16/17 CDBG funds. Approx. $5,200 left to apply to Phase II project (Blue Lines) TO: The Honorable Mayor and City Council FROM: Roger Stevens Public Works Director SUBJECT: Rogers County Inter -local Agreement Street Rehabilitation - East 76th Street North from North 145th East Avenue to North 193rd East Avenue DATE: March 13, 2020 BACKGROUND: In the fall of 2019, Rogers County District #2 Commissioner, Steven Hendrix, approached City staff concerning a partnership to improve the pavement and striping on East 76th Street North from North 145th East Avenue to North 193rd East Avenue. Based on past annexations, the City of Owasso maintains approximately 40 %, while Rogers County maintains 60 %, of the mentioned roadway. The material for this project includes striping and asphalt at an estimated cost of $347,690.00. The City and County shall each bear one -half (1/2) of the total material cost and shall not exceed $173,845.00, per entity. In order to formalize responsibilities, an Agreement has been drafted with Rogers County (see Attachment) that includes the following: • The County be responsible for providing provide traffic control through the duration of the Project; • The County shall provide trucking of asphalt and labor cost for installation of asphalt; • The City shall reimburse the County a maximum of $173,845.00 by July 31, 2020; • Duration of the Agreement shall be for a period equal to the time necessary to complete the project. RECOMMENDATION: Staff recommends approval of the Inter -local Agreement between the City of Owasso and Rogers County in an amount not to exceed $173,845.00 and authorization to execute the necessary documents. ATTACHMENTS: Inter -local Agreement Location Map INTERLOCAL AGREEMENT THIS AGREEMENT, made the day of 2020, by and between the Board of County Commissioners of Rogers County, Oklahoma, hereinafter called "County" and the City of Owasso, Rogers /Tulsa County, Oklahoma, hereinafter called "City ". WITNESSETH: WHEREAS, by virtue of 69 O.S., 1981, Section 1903, the Board of County Commissioners is authorized to enter into agreements with municipalities to construct, improve, and repair any of the streets of such municipalities, and; WHEREAS, by virtue of 74 O.S. §1008, the parties are authorized to enter into a contract for governmental services under the Interlocal Cooperation Act (the "Act') which sets forth the purposes, powers, rights, objectives and responsibilities of the contracting parties; WHEREAS, the Act provides that any one or more public agencies, including counties and cities, may contract with any one or more other public agencies to perform any governmental service, activity, or undertaking which any of the public agencies entering into the contract is authorized by law to perform, provided that such contract shall be authorized by the governing body of each party to the contract. OKLA. STAT. Arm. tit. 74, § 1008(A). WHEREAS, both County and City are public agencies as defined by the Act. OKLA. STAT. Ann. tit. 74, § 1003. WHEREAS, the County and City are desirous of participating in projects and the provision of services mutually advantageous to the County and the City; THEREFORE, in consideration of the covenants and conditions hereinafter contained, the parties hereto agree as follows: 1. The purpose of this Agreement shall be to provide street resurfacing and striping on East 76 "' Street North from North 145`h East Avenue to North 193`d East Avenue (the "Project "). The material cost is estimated at $347,690.00. The City and County shall each bear one -half (1/2) of the total material cost of the Project and such cost shall not exceed $173,845.00 per entity. 2. The duration of this Agreement shall be from the date of execution of this Agreement until the project is complete. 3. The City shall reimburse the County a maximum of $173,845.00 by July 31, 2020. 1 4. The County be responsible for providing traffic control during the pendency of the Project. 5. The County shall provide trucking of asphalt and labor cost for installation of asphalt. 6. Each entity shall bear its own costs with respect to labor and equipment necessary for the completion of the Project. 7. This Agreement shall be effective from and after the date of execution hereof and is intended only for the purpose described in section 2 above. 8. The rights, duties and obligations under or arising from this Agreement shall not be assigned by either party hereto without the express written consent of the other party. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal this day of 2020. ATTEST: Juliann M. Stevens, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney ATTEST: COUNTY CLERK CITY OF OWASSO Chris Kelley, Mayor BOARD OF COUNTY COMMISSIONERS ROGERS COUNTY, OKLAHOMA CHAIR 2 Nobel System GeoViewer East 76th Street North Rehabilation from North 145th East Avenue to North 193rd East Avenue 1"= 2382 ft I Sub Title I 03/10/2020 This map may re resents a visual display of related geographic Information. Data provided here on is not guarantee of acutual field conditions. To be sure of complete accuracy, please cordactthe https: // new. geoviewer .io /maps ?t= £72800dOebl l eed81885dl4205552324 Page 1 of 1 3/10/2020 TO: The Honorable Mayor and City Council FROM: Daniel Dearing, P.E., CFM Sr. Civil Engineer SUBJECT: Recommendation for Utility Relocation Agreement - East 116th Street North Roadway Improvements from North 129th East Avenue to US HWY 169 DATE: March 13, 2020 BACKGROUND: As a part of the widening of East 1 16th Street North from North 129th East Avenue to US Highway 169, it was determined that Washington County Rural Water District (RWD) #3 water lines were in conflict with future roadway and drainage improvements. Included in the design contract with Walter P. Moore was the design of necessary relocations of the District's water lines. The relocations need to occur at the time of construction of the roadway and drainage to ensure that the future water line is of appropriate grades and elevations. Due to the rights of the District and that no betterments (improvements) were requested, the relocation of the water line falls on the City's responsibility to fund. In order to avoid additional costs, delays and burdensome coordination between separate contractors and contracts, the relocations will occur as a part of the roadway construction. At the completion of design, the estimated cost of the water line relocation was $252,510.00. On March 3, 2020, the City Council awarded the construction bid for the roadway widening project to Crossland Heavy Contractors, Incorporated. The water line portion of their bid was in the amount of $203,250.00. In order to formalize responsibilities, an Agreement has been drafted with Washington County RWD #3 (see Attachment) that includes the following: Because there is no "betterment," the City of Owasso and Washington County RWD #3 will not have a cost share and it is up to the City to complete the required improvements including field surveys, design and plan preparation, reviews, permitting, bidding and construction. City of Owasso estimated cost is $203,250.00; Washington County RWD #3 water line shall be relocated upon right of way or easement land obtained by the City of Owasso for that purpose; The City of Owasso will assure compliance with all local, state, and federal laws, rules, regulations, ordinances, orders, and required approvals applicable to it or the project. FUNDING: Funds are available in the Vision Recapture Fund. RWD #3 Utility Relocation Agreement Page 2 of 2 RECOMMENDATION: Staff recommends approval of the Utility Relocation Agreement with Washington County Rural Water District #3 and authorization to execute the necessary documents. ATTACHMENTS: Site Map Utility Relocation Agreement E 116th STREET N - N 129th E AVE TO US HWY 169 ROADWAY IMPROVEMENT PROJECT I CITY OF OWASSO PROJECT LOCATION 200 S. Main Street P.O. Box 180 Owasso, OK 74055 918.376.1500 UTILITY RELOCATION AGREEMENT PROJECT: Widening of E 116th ST N from N 129th E Ave to US HWY 169 Job #: N/A COUNTY: Tulsa THIS AGREEMENT made and entered into by and between the City of Owasso, Oklahoma, hereinafter referred to as the "City" and Rural Water District No. 3, Washington County, Oklahoma, hereinafter called the "District ". RECITALS WHEREAS, the City proposed to construct certain roadway, drainage system improvements in the vicinity of the E 116 St N from N 129th E Ave to US Hwy 169 and such improvements will necessitate the rearrangement and /or relocation of certain water lines and related appurtenances (i.e., facilities) currently owned, operated and maintained by said District within the project corridor, and; WHEREAS, it is understood that the scope of the relocation work is different than the facilities that exist within the project corridor today, and [check one]: X such differences do not constitute "betterments" for the District; OR such differences constitute "betterments" for the District, and the District shall therefore pay the official bid award of amount of the project costs, with City paying all remaining costs. WHEREAS, if District's waterlines and facilities are currently situated in private easement(s), and District will be giving up certain rights and benefits it enjoys in entering into this Agreement, and to the extent possible, City will either purchase and pay for utility easement(s) or rights -of -ways for the benefit of private or public utilities, ; and WHEREAS, for any portions not placed in private easement in the name of the District, City shall designate a portion or portions of public utility easements and /or rights -of -way for use by the District. In all circumstances the facilities shall be legally and rightfully relocated upon lands obtained by City for the benefit of the District, all for the purpose of giving the District the same rights it enjoys in currently held easements and /or rights of way. In all circumstances the District shall be afforded sufficient space, same meaning an area approximately 20 feet in width above ground, to install, construct, maintain, operate and /or replace its waterlines, appurtenances and facilities; provider further, that all waterlines, appurtenances and facilities shall be spaced pursuant to ODEQ rules and regulations, whether above or below ground; and WHEREAS, the City will provide the legal documents to the District that show and describe the easements and /or rights -of -way upon which the District's facilities will be relocated, and City herein guarantees title to such easements and /or rights -of -way and agrees to indemnify, defend Page 1 of 8 Utility Relocation Agreement E 116 Widening from N 129 E Ave to US 169 and hold District harmless from any suits involving the validity, existence or the District's rights in and to use said easements and /or rights -of -way, and; WHEREAS, the City will be responsible for all tasks to complete the required relocation work including but not necessarily limited to field surveys, design and plan preparation, reviews, permitting, bidding and construction, all being subject to the review and written approval of the District. The design and construction work will be performed in complete conformance with the current Standards for Materials and Construction of the District (see attachment) and; WHEREAS, the City will be responsible for all associated costs including the District's legal expenses pertaining to the project, and expenses to have the District's own engineer review and comment on the plans for the required relocation work, attend meetings and prepare related correspondence, and technical guidance, and; if there is a "betterment requested by the District ", the District will cover the prorated portion of the additional cost for engineering and plan review by the District's Engineer. WHEREAS, it is understood that if said project is to be financed in part from funds appropriated by the United States by either party, and expended under its regulations, that acceptance of work and procedure in general are subject to Federal Laws, Rules, Regulations, Orders, and Approvals applying to it as a Federal Project, provided, however, if the District uses federal money to pay for a "betterment" and the "betterment" necessitates an environmental study other than what is necessary for the underlying project, then the District shall bear the costs of the environmental study. Otherwise, City shall pay for all other environmental study. WHEREAS, the City will be responsible for assuring compliance with all local, state and federal laws, rules, regulations, ordinances, orders, and required approvals applicable to it or the Project, whether by reason of being a Federal Project or otherwise, and; WHEREAS, the City and /or District both separately or together reserve the right to cancel this Agreement at any time prior to the beginning of the adjustment or relocation of the facilities of the District, and; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: 1. City will pay all costs associated with or related to the relocation of the District's waterlines, appurtenances and facilities, including costs of easements and /or rights -of -way. 2. City will prepare, or have prepared, engineered drawings showing the present, temporary and proposed location of the District's facilities in both plan and profile views, with reference to the centerline of survey and /or the new and existing easement and /or right -of -way lines using control stationing and state plain coordinates, if applicable. The plans shall delineate the details of the work including, but not necessarily limited to, alignment geometry, pipe materials and Page 2 of 8 Utility Relocation Agreement E 116 Widening from N 129 E Ave to US 169 pressure class, fitting types and end conditions, restraints, depth of cover and regulatory mandated separation distances from other utilities. 3. City shall provide District two (2) sets of drawings (11x17) for every review required for the project, whether required by the City or the District. 4. The City will comply with all applicable laws, rules, statutes, ordinances and regulations (collectively hereinafter referred to as "laws') pertaining in any way to the project, including, without limitation, those necessary to meet the Oklahoma Department of Environmental Quality (ODEQ) requirements for pollution prevention, including discharges from storm water runoff on this project, spacing between utilities, and required depth of facilities. Further, City agrees to secure a Storm Water Permit from ODEQ when required. City represents and agrees that the project plans and specifications, required schedules for accomplishing the temporary and permanent erosion control work, and the storm water pollution prevention plans contained in the plans constitute the Storm Water Management Plan for the project. City agrees to have daily operational control of those activities, at the site, either through its third party representative or in cooperation with ODOT's project manager, necessary to ensure compliance with plan requirements and permit conditions. City agrees to make sure that the contractor files any Notice of Intent (NOI), when required, for a general construction Oklahoma Pollutant Discharge Elimination System Permit with ODEQ, which authorizes the 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. 5. City and the District agree to comply fully with all funding agency requirements, if any, and as applicable. 6. Upon completion of the plan review process, and written notice by District to City of the District's approval of the plans, City agrees to provide the District with two (2) sets of the final plans (11x17) for use during bidding and construction. 7. City agrees to provide the District with two (2) sets of all shop drawing submittals for the District's water line(s) and related appurtenances and facilities, and shall not allow the installation of any materials without prior written approval from the District. The District shall review and comment on each submittal and respond to the City of Owasso within 10 business days of receiving the submittal for review. 8. City agrees to include the District in all coordination and construction progress meetings for the water line relocation portion of the project and to provide two (2) copies of all related project correspondence. 9. District will have at least one representative who will review and inspect the Work and progression on the Project, said representatives to be paid for at District's sole expense. City Page 3 of 8 Utility Relocation Agreement E 116 Widening from N 129 E Ave to US 169 agrees to effectively communicate with the District's representative (s) regarding construction issues and related concerns. Effective communication shall include, but not necessarily be limited to, written documentation describing any proposed changes to the District's existing and /or new facilities. 10. City agrees to provide for a qualified inspector, or inspectors, as the case may dictate, that will be on site during the relocation work. If applicable, ODOT's inspector shall serve as ODOT's and City's representative and will work with the District and its representative (s) as a liaison. The City's inspector will be responsible for documenting all day -to -day communications with the District during the construction work. It is agreed that the District's representative shall not direct any field changes with the Construction Contractor that haven't been previously approved in writing by the City and /or City's inspector. 11. City agrees to consider and act upon reasonable changes requested by the District that varies from the approved plans and bid documents. It is anticipated that certain changes may be required as the result of unforeseen obstacles and /or other utility or roadway changes. The cost for changes of this nature will be paid entirely by the City. Changes that are not the result of unforeseen obstacles and result in betterments beyond the scope depicted in the final approved plans and bid documents shall be paid by the District and will be agreed upon in writing before any work is performed; provided, however, if such agreement cannot be reached between City and the District then this Agreement shall be considered null, void and terminated. 12. The District's representatives shall have any and all reasonable access to the project site during the installation of the District's water line(s), appurtenances and facilities during the project roadway and /or bridge construction to protect their new and existing water lines. The District's project representative shall have final approval of all trenching, bedding, haunching, backfilling and final grading over the District's water line, installation of all valves, hydrants, restraints, pipes, meters and other appurtenances and facilities. Trenches shall remain open until the end of the work day, so the District's representative can approve them for backfilling. Any conflicts with the installation of the District's waterlines, appurtenances or facilities in relation to the overall project construction shall be presented to the District and /or District's Engineer for resolution. Safety vest and hard hat must be worn by the District representative while present of the job site. 13. City agrees to allow the District to be present when pressure testing and disinfection of its water lines, appurtenances and facilities, and City will provide approval to the Contractor only after receiving written final approval from the District. 14. City agrees to assure minimum down times for the transfer of all services. Page 4 of 8 Utility Relocation Agreement E 116 Widening from N 129 E Ave to US 169 15. City agrees to provide the District with two (2) complete sets of Record Drawings for the Project. The Record Drawings shall be provided in both hard copy and electronic format. The electronic format shall be on compact disk that includes design files that are directly compatible with AutoCAD Lt 2007, or any other program approved by the District. If City fails to provide two (2) complete sets of Record Drawings, District shall have the right to survey, pothole, review existing records and anything necessary to draft Record Drawings, and all the expenses associated with same shall be paid by City, subject to the terms and conditions of Paragraph 1. 16. The District shall pay no costs or expenses other than the amount set forth above, if any. Any cost or expense which is not specifically allocated to the District, in writing, shall be paid by City. 17. Should any future relocation be required with respect to the District's waterlines, appurtenances or facilities, the City shall pay all the costs thereof, unless otherwise agreed to, in writing. After relocation and upon final approval of the District, the District will assume all operational ownership and maintenance responsibilities of the District's waterlines, appurtenances and facilities. 18. City states that no building, structure, fence, wall or other above ground structure or obstruction will be placed, erected, installed or permitted upon the area set aside as an easement or right -of -way for the District (defined above as being an area approximately 20 feet in width, above ground, and subject further to ODEQ spacing rules and regulations); provided, however, that the installation of landscaping and /or paving may occur in said easement or right -of -way area under the condition that the District shall not be responsible in any manner to repair any damage to such pavement (including, without limitation, roadways, driveways and sidewalks, whether asphalt, concrete, rock or any other material) or landscaping in relation to the District's installation, repair, replacement, operation, maintenance or any other District activity associated with or relating to its waterlines, appurtenances and facilities (including, without limitation, damage caused by excavation and damage occasioned by a water leak or waterline "blow out "). District shall bear no obligation whatsoever for any damages or expenses associated with any such landscaping, pavement, or any other structure on, at or near the area given the District to install, maintain, operate, repair or replace its waterlines, appurtenances and facilities. 19. If the District's waterlines, appurtenances or facilities are damaged through no fault of the District, the party damaging such waterlines, appurtenances and facilities shall be responsible for all repair costs, and for the cost of water lost at the then existing rates of the District. 20. The Recitals stated above are considered material terms of this Contract, and the parties agree to be bound by all statements and representations made in the Recital section above, and said Recital section shall be considered a part and parcel of the parties' bargained for exchange. Page 5 of 8 Utility Relocation Agreement E 116 Widening from N 129 E Ave to US 169 21. It is understood that this Agreement does not change the rights or obligations of the District or the City as they exist in accordance with present State Law. 22. Benefit; Binding Effect. This Agreement shall inure to the benefit of both of the parties herein, and to each of the parties' respective successors and assigns. Likewise, this Agreement shall be binding on the parties hereto and their respective successors and assigns. 23. Partial Invalidity. If any part of any provision of this Agreement shall be invalid or unenforceable under applicable law, such part shall be ineffective to the extent of such invalidity only, without in any way affecting the remaining parts of such provision or the remaining provisions, terms, covenants or conditions of this Agreement. 24. Laws of the State of Oklahoma Govern, Venue. This Agreement shall be governed by the laws of the State of Oklahoma. Any action taken to enforce the provisions herein shall be filed and maintained in Washington County, State of Oklahoma, which shall be the venue of any such action. 25. Attorney's Fees, Costs and Expenses. In the event any action is brought to enforce, or for the breach of, any provision of this Agreement, the prevailing party shall be entitled to recover its costs and expenses, including attorney's fees, associated with such action. 26. Entire Agreement. This Agreement represents the entire, integrated agreement between the ity and District, and supersedes all prior negotiations, proposals, representations, commitments, understandings, contracts or agreements made or entered into by the parties, either written or oral, with respect to the matters and terms covered by this Agreement. Additionally, this Agreement may not be modified or amended except by a written instrument executed by both parties. 27. Duplicate Originals. This Agreement may be executed in duplicate originals, each such duplicate original shall be deemed to be an original, and all such duplicate originals taken collectively shall constitute one instrument for all purposes. 28. Notwithstanding any other provision herein stated, it is expressly understood that this Agreement is strictly by and between City and the District, and provided further no other entity is deemed to be a beneficiary of this Agreement, whether an intended beneficiary, or otherwise, and whether reference be made to another entity or class of entity, or not. Page 6 of 8 Utility Relocation Agreement E 116 Widening from N 129 E Ave to US 169 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. THE CITY OF OWASSO, OKLAHOMA A MUNICIPAL CORPORATION: Chris Kelley, Mayor Date: ATTEST: Juliann M. Stevens, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney (SEAL) Page 7 of 8 Utility Relocation Agreement E 116 Widening from N 129 E Ave to US 169 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. WASHINGTON COUNTY RURAL ATER DISTRICT N0.3: By: (Title) (Date) Page 8 of 8 Utility Relocation Agreement E 116 Widening from N 129 E Ave to US 169 TO: The Honorable Mayor and City Council FROM: Jake Ketner, El Engineering Assistant SUBJECT: Award Construction Contract for Old Central Parking Lot Improvements DATE: March 13, 2020 BACKGROUND: The City's Old Central property was a former church facility built in several phases over an extended period, with the last phase believed to be completed around January 1986. When the City acquired the site around 2002, the parking lot was already showing signs of decline due to aging. Since that acquisition, the parking lot has deteriorated to the point that it now requires full removal and replacement. City engineering staff began survey and design of the project in June 2019. Design was completed in November 2019, with an estimate of $205,956.73. To avoid inclement weather during construction, bid advertisement was delayed until January 2020 in order to start construction this spring. SOLICITATION OF BIDS: In January 2020, City Engineering staff completed final bid documents and published advertisements in accordance with state statutes. A mandatory pre -bid meeting was held on February 13, and bids were opened on February 20, with seven contractors submitting bids, three of which being below engineering's estimate. BIDDER BID Stronghand, LLC $183,195.30 Native Plains $195,378.33 Tri -Star $205,651.60 Ellsworth $224,651.60 Diversified Civil $230,675,00 A &A Asphalt $251,289.00 Timberwolf Excavating $252,880.20 Engineer's Estimate $205,956.73 City Engineering staff completed a Bid Tabulation and Stronghand, LLC was determined to be the lowest qualified bidder. The bid amount provided by Stronghand, LLC is $183,195.30. Award Construction Contract for Old Central Parking Lot Improvements Page 2 of 2 FUNDING: Funds are available in the FY2020 budget. RECOMMENDATION: Staff recommends awarding the construction contract to Stronghand, LLC of Broken Arrow, Oklahoma, in the amount of $183,195.30 and authorization to execute the necessary documents. ATTACHMENTS: Site Map Agreement 86th STREET N CITY OF OWASSO OLD CENTRAL PARKING LOT Owasso, OK 74055 SECTION 00300 AGREEMENT THIS AGREEMENT is dated as of the 17th day of March by and between and Owasso Support Services 2020 (hereinafter called OWNER) (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: OLD CENTRAL PARKING LOT CITY OF OWASSO, OKLAHOMA The project for which the Work under the contract documents may be the whole or only a part, is described as follows: Re- construction of a parking lot within its existing footprint for the Old Central building in the City of Owasso. Included in this project is minor grading, paving, drainage and sidewalk construction. ARTICLE 2. ENGINEER The project has been assigned to the Project Manager or his /her duly authorized representative, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIME 3.1 The Work will be substantially completed within One Hundred and Twenty (120) calendar days, from the date of Notice to Proceed; and completed and ready for final payment in accordance with the General Conditions within One Hundred and Fifty (150) calendar days calendar days from the date of Notice to Proceed, which will be on or before 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in paragraph 3.1 above, plus any extensions AGREEMENT 0220 00300 - Page 1 of 15 thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER, if the Work is any such proof. OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Two Hundred Dollars ($200.00) for each consecutive calendar day that expires after the time specified in paragraph 3.1 for substantial completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Two Hundred Dollars ($200.00) for each consecutive calendar day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds the amount agreed upon in CONTRACTOR'S bid. 4.2 CONTRACTOR understands that the estimated quantities are not guaranteed and that the determination of actual quantities and their classification is to be made by the OWNER at the time of application for payment. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions on the Pay Estimate Forms included as Exhibit "A" to this Agreement. Applications for Payment will be processed by OWNER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment in accordance with the City of Owasso's Payment Schedule included as Exhibit "B" to this Agreement during construction as provided below. All progress payments will be on the basis of the progress of the Work. 5.1.1 Progress payments shall not exceed an amount equal to 95% of the WORK completed until such time as CONTRACTOR shall complete in excess of fifty percent (50 010) of the contract amount. 5.1.2 Upon completion in excess of fifty percent (50 %) of the total contract amount, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 97.5% of the Contract Price, less such amounts as OWNER shall determine in accordance with the General Conditions, provided that OWNER has determined that satisfactory progress is being made, and upon approval by the Surety. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the Contract Price. ARTICLE 6. CONTRACTOR'S REPRESENTATIONS 0220 00300 - Page 2 of 15 In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself /herself with the nature and extent of Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports or explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except underground facilities) which have been identified in the Supplementary Conditions as provided in the General Conditions. Contractor accepts the determination set forth in the General Conditions of the extent of the "technical data" contained in such reports and drawings upon which Contractor is entitled to rely. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to underground facilities at or continuous to the site. Contractor has obtained and carefully studied (or assume responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 6.3 CONTRACTOR has made or caused to be made examinations, investigations, tests and studies of such reports and related data in addition to those referred to in paragraph 6.2 as (s)he deems necessary for the performance of the Work at the Contract price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including the General Conditions. 0220 00300 - Page 3 of 15 6.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6 CONTRACTOR has given OWNER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. 6.7 CONTRACTOR has obligated himself /herself to the OWNER to be responsible for the workmanship, labor and materials used in the project for one (1) year after the project has been accepted by the OWNER. 6.8 CONTRACTOR understands that (s)he will be exempt from all sales tax on materials and other items necessary for the completion of the project. The OWNER has issued him a Certification of Tax Exempt Project enclosed as Exhibit "C" of this Agreement. ARTICLE 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof, and consist of the following: 7.1 This Agreement (pages 1 to 6 inclusive). 7.2 Exhibits "A ", 'B ", "C" and "D" to this Agreement. 7.3 Advertisement for Bids (Section 00100). 7.4 Requirements for Bidders (Section 00110). 7.5 Instructions to Bidders (Section 00120). 7.6 Bid (Section 00200). 7.7 Bid Bond (Section 00210). 7.8 Bid Affidavits (Section 00220). 7.9 Statement of Bidders Qualifications (Section 00230). 7.10 Certificate ofNon- Discrimination (Section 00240). 7.11 Performance Bond (Section 00410). 7.12 Maintenance Bond (Section 00420). 7.13 Statutory payment Bond (Section 00430). 0220 00300 - Page 4 of 15 7.14 Notice of Award (Section 00510). 7.15 Notice to Proceed (Section 00520). 7.16 Change Order (Section 00600). 7.17 General Conditions (Section 00700). 7.18 Project Specifications (Section 00800). 7.19 Special Provisions (Section 00900). 7.20 Project Drawings, consisting of Sheets 1 to 10, inclusive, and Standard Drawings. 7.21 Addendum Numbers 1 to ? , inclusive. 7.22 Documentation submitted by CONTRACTOR prior to Notice of Award (pages _ to _ inclusive). 7.23 Any Modification, including Change Orders, duly delivered after execution of Agreement. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a Modification (as defined in the General Conditions). ARTICLE 8. MISCELLANEOUS 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 8.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law) and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3 OWNER and CONTRACTOR each binds himself /herself, his/her partners, successors, assigns, and legal representatives to the other party hereto, his /her partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.3 The Agreement (or remaining portions thereof) should continue in effect, be valid and binding upon both parties even if a provision or part of the Contract Documents should be held void or unenforceable by law. AGREEMENT 0220 00300 - Page 5 of 15 IN WITNESS WHEREOF, the parties hereby have signed this Agreement in duplicate. One counterpart has been delivered to CONTRACTOR, the other belongs to OWNER. All portions of the Contract Documents have been signed by OWNER and CONTRACTOR. This Agreement will be effective on March 17 2020 CONTRACTOR: By Chris Kelley, Mayor (SEAL) ATTEST: Juliann M. Stevens, City Clerk Address for giving notices: 200 S Main Street Owasso, Oklahoma 74055 (SEAL) Title 0220 00300 - Page 6 of 15 CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 02129/2020 Department Payroll_ Expenses Total Expenses 105 Municipal Court 4,584.46 6,155.09 110 Managerial 22,243.63 30,749.84 120 Finance 20,800.13 31,119.35 130 Human Resources 9,179.04 13,513.47 160 Community Development 16,302.96 24,919.75 170 Engineering 18,617.35 28,437.52 175 Information Systems 17,581.34 26,037.30 181 Support Services 9,202.88 13,781.47 190 Cemetery 1,188.80 2,527.44 201 Police Grant Overtime 1,421.87 1,440.23 215 Central Dispatch 24,701.96 39,472.98 221 Animal Control 4,092.32 6,051.34 250 Fire Safer Grant 26,534.70 41,434.16 280 Emergency Preparedness 2,308.69 3,643.50 370 Stormwater /ROW Maint. 7,691.41 12,650.31 515 Park Maintenance 7,553.79 11,824.72 520 Culture /Recreation 9,697.74 15,838.05 550 Community- Senior Center 5,665.90 7,623.07 580 Historical Museum 671.20 754.42 710 Economic Development 4,770.00 7,132.53 General Fund Total 214,810.17 325,106.54 185 Garage Fund Total 7,477.94 12 313.10 255 Ambulance Fund Total 553.85 622.53 250 Fire Fund 37 Total 176,788.25 259,531.02 201 Police Fund 38 Total 178,712.48 265,503.51 300 Streets Fund 39 Total 17,472.22 27,756.49 370 Stormwater Fund 27 Total 3,446.99 5,224.33 150 Worker's Compensation Total 1,066.40 1,278.34 720 Strong Neighborhoods Total 4,480.09 6,264.79 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 3112120 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE ADMIN FEES DENTAL DEPT TOTAL VSP VISION MEDICAL SERVICES VISION DEPT TOTAL HEALTHCARE SELF INSURANCE FUND TOTAL AMOUNT 63,279.33 35,504.41 30,620.39 129,404.13 8,320.10 3,308.18 2,818.22 14,446.50 2,335.37 2,335.37 146,186.00 CITY OF OWASSO GENERAL FUND & HALF -PENNY SALES TAX FISCAL YEAR 2019 -2020 Budgetary Basis Statement of Revenues & Expenditures As of February 29, 2020 C:1Users\ ennifer_ross \Documents \Book1 MONTH YEAR PERCENT TO -DATE TO -DATE BUDGET OF BUDGET REVENUES: Taxes $ 3,378,218 $ 24,128,580 $ 33,926,288 71.12% Licenses & permits 9,778 183,638 196,676 93.37% Intergovernmental 64,260 1,048,142 1,985,831 52.787. Charges for services 57,068 488,427 802,869 60.84% Fines & forfeits 25,774 186,893 333,843 55.98% Other 21,967 303,315 334,891 90.577. TOTAL REVENUES $ 3,557,065 $ 26,338,995 $ 37,580,398 70.09% EXPENDITURES: Personal services $ (1,636,174) $ (13,563,086) $ (22,420,672) 60.49% Materials & supplies (116,589) (795,576) (1,581,263) 50.31% Other services (160,019) (1,306,532) (2,719,794) 48.04% Capital outlay (273,680) (1,695,215) (4,292,168) 39.50% Deferred Budget - Grant not awarded 0.00% TOTAL EXPENDITURES $ (2,186,462) $ (17,360,409) $ (31,013,897) 55.98% REVENUES OVER EXPENDITURES $ 1,370,602 $ 8,978,586 $ 6,566,500 TRANSFERS IN (OUT): Transfers in - Sales Tax $ 1,581,611 $ 12,027,421 $ 17,255,727 69.70% Transfers out (2,604,566) (18,885,967) (26,915,163) 70.17% TOTAL TRANSFERS $ (1,022,954) $ (6,858,546) $ (9,659,436) 71.00% NET INCOME (LOSS) $ 347,648 $ 2,120,040 $ (3,092,936) ENCUMBRANCES OUTSTANDING $ (749,645) FUND BALANCE (Budgetary Basis) Beginning Balance 11,462,896 11,462,896 Ending Balance $ 12,833,291 $ 8,369,960 C:1Users\ ennifer_ross \Documents \Book1