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HomeMy WebLinkAbout2021.06.15_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL Council Chambers Old Central Building 109 North Birch, Owasso, OK Tuesday, June 15, 2021 - 6:30 PM NOTE: APPROPRIATE ACTION may include, but is not limited to: acknowledging, affirming, amending, approving, authorizing, awarding, denying, postponing, or tabling. AGENDA 1. Call to Order Mayor Bill Bush RECEIVED 2. Invocation JUN 11 2021 Pastor Claud Slate of Fireside Baptist Church 3. Flag Salute City Clerk's Office 4. Roll Call 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- June 1, 2021, and June 8, 2021, Regular Meetings B. Approve claims 6. Consideration and appropriate action relating to items removed from the Consent Agenda 7. Consideration and appropriate action relating to a budget amendment for fiscal year end supplemental appropriations of excess sales tax revenue Linda Jones Staff recommends approval of a budget amendment in the General Fund, increasing the estimate revenue and the appropriation for expenditures by $3.2 million. 8. Consideration and appropriate action relating to Resolution 2021 -11, providing for the adoption of an annual budget for Fiscal Year 2021 -2022, General Fund and other Funds, and establishing budget amendment authority as provided by state statute Linda Jones Staff recommends approval of Resolution 2021-11. 9. Consideration and appropriate action relating to Ordinance 1179, Annexation (OA 21 -03) of approximately 9.95 acres, located at 11121 North 129 th East Avenue and approving the rezoning (OZ 21 -04) of said property from Agriculture (AG) to Residential Single - Family High Density (RS -3) Alexa Beemer Staff recommends adoption of Ordinance 1179. 10. Consideration and appropriate action relating to a bid award for the Funtastic Island Renovation and Splash Pad Project Larry Langford Staff recommends awarding the base bid and alternates one (1) through six (6) to Magnum Construction, Inc., of Broken Arrow, Oklahoma, in the amount of $1,105,606.00, and authorization to execute all necessary documents. Owasso City Council June 15, 2021 Page 2 11. Consideration and appropriate action relating to an interlocal agreement with Tulsa County Board of Commissioners for the North 137th East Avenue Service Road Extension Project Roger Stevens Staff recommends approval of the Interlocal Agreement with Tulsa County Board of Commissioners and authorization to execute all necessary documents. 12. Consideration and appropriate action relating to Resolution No. 2021 -10, approving an amendment to Section III (A)(5), Development Project Assistance, of the Policy Guide for implementation of the Owasso Redbud District Project Plan and Increment District No. 1 by extending all completion dates of construction by a period of two (2) years Chelsea Levo Feary Staff recommends approval of Resolution 2021 -10. Councilor Dunn may propose an amendment to the drafted Resolution (2021 -10), extending only the project completion date for receiving 12% assistance in development financing from June 30, 2021 to June 30, 2023, and the remainder of the project completion dates to remain unchanged. 13. Consideration and appropriate action relating to the appointment of persons to serve on various City Boards and Committees Mayor Bill Bush AUDIT COMMITTEE., Lyndell Dunn (Seat 1, City Council Representative) - term expires June 30, 2022 Jack Murray (Seat 2, Business Person) - term expires June 30, 2024 BOARD OF ADJUSTMENT: Joe Ramey (At Large) -term expires June 30, 2024 CAPITAL IMPROVEMENTS COMMITTEE: - term expires June 30, 2022 Bill Bush (City Council Representative) Lyndell Dunn (City Council Representative) Paul Loving (Planning Commission Representative) Dirk Thomas (OEDA Representative) Jeff Davis (Citizen Representative) Jason Drake (Citizen Representative) Rob Haskins (Citizen Representative) Jim Hunter (Citizen Representative) Kent Inouye (Citizen Representative) Keith Whitfield (Citizen Representative) Warren Lehr, City Manager Chris Garrett, Assistant City Manager Linda Jones, Finance Director OWASSO ECONOMIC DEVELOPMENT AUTHORITY., Skip Mefford (At Large Representative) - term expires June 30, 2026 Gary Akin (Chamber Representative) - term expires June 30, 2022 Alvin Fruga (Council Representative) - term expires June 30, 2022 PERSONNEL BOARD: Bruce McCarty (Citizen Representative) -term expires June 30, 2024 PLANNING COMMISSION: Abhijeet Utturkar (Citizen Representative) - term expires June 30, 2024 David Vines (Citizen Representative) -term expires June 30, 2024 INDIAN NATIONS COUNCIL OF GOVERNMENTS UNCOGI BOARD OF DIRECTORSIGENERAL ASSEMBLY., term expires June 30, 2023 Bill Bush (City Council) / Warren Lehr (City Manager, Alternate) INCOG TRANSPORTATION POLICY COMMITTEE: term expires June 30, 2022 Doug Bonebrake (City Council) / Warren Lehr (City Manager, Alternate) INCOG TRANSPORTATION TECHNICAL COMMITTEE. term expires June 30, 2022 Roger Stevens (Public Works) /Dwayne Henderson (Public Works, Alternate) REGIONAL METROPOLITAN UTILITY AUTHORITY: term expires June 30, 2022 Roger Stevens (Public Works Director) /Dwayne Henderson (City Engineer) Owasso City Council June 15, 2021 Page 3 14. Report from City Manager 15. Report from City Attorney 16. Report from City Councilors 17. Official Notices (documents for acknowledgment of receipt or information only, no discussion or action will be taken) • Payroll Payment Report - Pay Period Ending Date June 5, 2021 • Health Care Self- Insurance Claims - dated as of June 10, 2021 • Monthly Budget Status Report - May 2021 18. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 19. Adjournment Notice of Public Meeting filed in the office of the City Clerk on Friday, December 11, 2020, and the Agenda posted at City Hall, 200 South Main Street, at 6:00 pm on Friday, June 11, 2021. liann M. Stevens, City Clerk The City of Owasso encourages citizen participation. To request an accommodation due to a disability, contact the City Clerk at least 48 hours prior to the scheduled meeting by phone 918 - 376 -1502 or by email to istevens @citvofowasso.com OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, June 1, 2021 The Owasso City Council met in regular session on Tuesday, June 1, 2021, in the Council Chambers at Old Central, 109 North Birch, Owasso, Oklahoma per the Notice of Public Meeting filed Friday, December 11, 2020; 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 Thursday, May 27, 2021. 1. Call to Order Mayor Bill Bush 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 Doug Bonebrake led the flag salute. 4. Roll Call Present Absent Mayor - Bill Bush None Vice Mayor - Kelly Lewis Councilor -Alvin Fruga Councilor- Doug Bonebrake Councilor - Lyndell Dunn A quorum was declared present. Staff: City Manager- Warren Lehr City Attorney - Julie Lombardi 5. Presentation of Character Trait of Determination Chelsea Levo Feary, Character Council Member, presented the character trait for the month of June. 6. Consideration and other appropriate action relating to a request for approval of the Consent Agenda. (All matters listed under "Consent' are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes - May 18, 2021, Regular Meeting B. Approve claims Mr. Bonebrake moved, seconded by Ms. Lewis to approve the Consent Agenda, as presented with claims totaling $464,651.68. YEA: Bonebrake, Dunn, Fruga, Lewis, Bush NAY: None Motion carried: 5 -0 7. Consideration and appropriate action relating to items removed from the Consent Agenda None 8. PUBLIC HEARING -The City Council will conduct a public hearing for the purpose of receiving citizen input and discussing the proposed FY 2021 -2022 Annual Operating Budget Warren Lehr and Linda Jones presented the item. At 7:05 pm, the Mayor opened the Public Hearing for comment. There were no comments from the audience. At 7:06 pm the Mayor closed the Public Hearing. Owasso City Council June 1, 2021 Page 2 9. Consideration and appropriate action relating to bids received for the North 137th East Avenue Service Road Extension Project Daniel Dearing presented the item, recommending to award the construction contract to Paragon Contractors, LLC, of Tulsa, Oklahoma, in the amount of $775,991.30 and authorization to execute all necessary documents. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn to award the contact and authorize execution of all necessary documents, as recommended. YEA: Bonebrake, Dunn, Fruga, Lewis, Bush NAY: None Motion carried: 5 -0 10. Consideration and appropriate action relating to a contract with the Fraternal Order of Police (FOP) Lodge #149 for FY 2021 -2022 Michele Dempster presented the item, recommending approval of the FY 2021 -2022 contract between the City of Owasso and the Fraternal Order of Police, Lodge #149, and authorization to execute all necessary documents. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn to approve the contract and authorize execution of all necessary documents, as recommended. YEA: Bonebrake, Dunn, Fruga, Lewis, Bush NAY: None Motion carried: 5 -0 11. Consideration and appropriate action relating to an Employment Agreement between the City and City Manager, Warren Lehr Michele Dempster presented the item. There were no comments from the audience. Mr. Bonebrake moved, seconded by Ms. Lewis to approve the agreement. YEA: Bonebrake, Dunn, Fruga, Lewis, Bush NAY: None Motion carried: 5 -0 12. Consideration and appropriate action relating to an Employment Agreement between the City and City Attorney, Julie Lombardi Michele Dempster presented the item. There were no comments from the audience. Ms. Lewis moved, seconded by Mr. Bonebrake to approve the agreement. YEA: Bonebrake, Dunn, Fruga, Lewis, Bush NAY: None Motion carried: 5 -0 13. Report from City Manager Warren Lehr introduced Travis Blundell to provide the monthly Public Works project status report. Mr. Lehr reported on the Owasso CARES program. 14. Report from City Attorney None 15. Report from City Councilors Councilor Bonebrake congratulated Mr. Lehr and Ms. Lombardi, Mayor Bush commented on the PICK Transit Program, and Councilor Fruga commented on the Gathering on Main event. Owasso City Council June 1, 2021 Page 3 16. Official Notices (documents for acknowledgment of receipt or information only, no discussion or action will be taken) The Mayor acknowledged receipt of the following: • Payroll Payment Report - Pay Period Ending Date May 22, 2021 • Health Care Self- Insurance Claims - dated as of May 27, 2021 17. New Business (New Business is any item of business which could not have been foreseen of the time of posting of the agenda) None 18. Adjournment Ms. Lewis moved, seconded by Mr. Bonebrake to adjourn the meeting. YEA: Bonebrake, Dunn, Fruga, Lewis, Bush NAY: None Motion carried: 5 -0 and the meeting adjourned at 7:31 pm. Bill Bush, Mayor Juliann M. Stevens, City Clerk OWASSO CITY COUNCIL, PUBLIC WORKS AUTHORITY, AND PUBLIC GOLF AUTHORITY MINUTES OF JOINT REGULAR MEETING Tuesday, June 8, 2021 The Owasso City Council, Owasso Public Works Authority (OPWA), and Owasso Public Golf Authority (OPGA) met in a joint regular meeting on Tuesday, June 8, 2021, in the Council Chambers at Old Central, 109 North Birch Street, Owasso, Oklahoma, per the Notice of Public Meeting filed Friday, December 11, 2020; 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, June 4, 2021. 1. Call to Order /Roll Call Mayor /Chair Bill Bush called the meeting to order at 6:00 pm. Present Absent Mayor /Chair - Bill Bush None Vice Mayor /Vice Chair- Kelly Lewis Councilor /Trustee - Alvin Fruga Councilor /Trustee - Doug Bonebrake Councilor /Trustee - Lyndell Dunn A quorum was declared present. 2. Discussion relating to a proposed amendment to the Policy Guide for implementation of the Owasso Redbud District Project Plan and Increment District No. 1 Chelsea Levo Feary presented the item and discussion was held. It was further explained that an item would be placed on the June 15, 2021, City Council agenda for consideration and action. 3. Discussion relating to a request for annexation (OA 21 -03) and rezoning (OZ 21 -04) - 9.95 acres located at 11121 North 1291h East Avenue from Agriculture (AG) to Residential Single - Family High Density (RS -3) Alexa Beemer presented the item. It was further explained that an item would be placed on the June 15, 2021, City Council agenda for consideration and action. 4. Discussion relating to the proposed FY 2021 -2022 Annual Operating Budget Warren Lehr and Linda Jones presented the item and discussion was held. S. Discussion relating to a budget amendment for fiscal year end supplemental appropriations of excess sales tax revenue Linda Jones presented the item. It was further explained that an item would be placed on the June 15, 2021, City Council and OPWA agendas for consideration and action. 6. Discussion relating to City /Authority Manager items A. Monthly sales tax report B. Various Citizen Board and Committee appointments C. City Manager report Warren Lehr introduced Linda Jones to present item A. Mr. Lehr introduced Juliann Stevens to present item B and discussion was held. Mr. Lehr reported on the Comprehensive Land Use Masterplan survey that is now available for public participation and the new Chief of Police, Dan Yancey, will begin Monday, June 14, 2021. 7. City Councilor /Trustee comments and inquiries Mr. Dunn and Mr. Fruga commented on the Gathering on Main event. Mr. Bush inquired on Tulsa Driller's mascot, Hornsby, appearing at the August 5, 2021, Gathering Event to promote the August 20, 2021, Owasso Night at the Tulsa Drillers game. Owasso City Council, OPWA & OPGA June 8,2021 Page 2 8. Adjournment The meeting adjourned at 7:21 pm. Bill Bush, Mayor /Chair Juliann M. Stevens, City /Authority Clerk Claims List - 6/15/2021 Fund Vendor Name Payable Description Payment Amount 01 GENERAL BLUE ENERGY FUELS LLC CNG FUEL PURCHASED - MAY, $14.76 CITY GARAGE LABORIOVERHEAD CHG - JUNE $258.92 CITY GARAGE VEHICLE PARTS PURCH - MAY $20.00 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MAY, 2 $81.96 VERIZON WIRELESS WIRELESS CONNECTION $80.02 GEN ANIMAL CONTROL -Total CLASSES $455.66 JPMORGAN CHASE BANK LOWES- LUMBER $46.35 UNIFIRST HOLDINGS LP UNIFORM SERVICE $10.20 GEN CEMETERY -Total $56.55 JPMORGAN CHASE BANK DOLLAR TREE -BINGO PRI $14.00 JPMORGAN CHASE BANK KUM &GO -BINGO PRIZES $20.00 JPMORGAN CHASE BANK REASORS- SUPPLIES $59.44 JPMORGAN CHASE BANK SAMS- SUPPLIES $182.51 JPMORGAN CHASE BANK WALMART -BINGO PRIZES $16.97 TEAL DANCE COMPANY LLC CLASSES $328.00 GEN COMM CTR DONATIONS -Total $620.92 APS FIRECO TULSA VENT HOOD INSPECTION COM $335.50 CINTAS CORPORATION CUSTODIAL SUPPLY SERVICES $446.45 GRAND GATEWAY ECO. DEV. ASSC. SENIOR RIDES FOR MAY 2021 $117.00 JPMORGAN CHASE BANK 918 CONSTR- REPAIRS $2,700.00 JPMORGAN CHASE BANK AMAZON- MATERIALS $22.00 JPMORGAN CHASE BANK AMAZON -PAPER $119.96 JPMORGAN CHASE BANK AMAZON -PUMP $7.97 JPMORGAN CHASE BANK AMAZON- SUPPLIES $24.95 JPMORGAN CHASE BANK CORNERSTONE - SUPPLIES $3.59 JPMORGAN CHASE BANK COX -WIFI $69.00 JPMORGAN CHASE BANK DH PACE - REPAIR SVC $656.00 JPMORGAN CHASE BANK MULLIN -SVC $174.00 JPMORGAN CHASE BANK QUIT BUGGIN -PEST CONT $95.00 JPMORGAN CHASE BANK TORCH PLUMBING- SERVIC $3,450.00 ONEOK INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $150.97 GEN COMMUNITY CENTER -Total $8,372.39 BLUE ENERGY FUELS LLC CNG FUEL PURCHASED - MAY, $61.76 CITY GARAGE LABORIOVERHEAD CHG - JUNE $390.92 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MAY. 2 $248.50 JPMORGAN CHASE BANK CONSTR EXAM -REGIS FEE $795.00 JPMORGAN CHASE BANK ICC -EXAM FEE $219.00 JPMORGAN CHASE BANK PIKEPASS -FEES $18.00 JPMORGAN CHASE BANK SOUTHWEST - AIRFARE $371.96 KENNETH LIVINGSTON CODE ENFORCEMENT $1,000.00 MOW /RUBB 1 Fund 01 GENERAL Claims List - 6/15/2021 Vendor Name Payable Description Payment Amount KENNETH LIVINGSTON CODE ENFORCEMENT MOWING $300.00 D VERIZON WIRELESS WIRELESS CONNECTION $40178 GEN COMMUNITY DEVELOPMENT -Total ADOBE -SUB FEE $3,807.92 BLUE ENERGY FUELS LLC CNG FUEL PURCHASED - MAY, $34.70 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MAY, 2 $114.32 JPMORGAN CHASE BANK AMAZON -PARTS $38.99 JPMORGAN CHASE BANK ATWOODS- GLOVES $38.97 JPMORGAN CHASE BANK COHLMIA'S- BUSHES $245.00 JPMORGAN CHASE BANK CORNERSTONE- HARDWARE $36.09 JPMORGAN CHASE BANK CORNERSTONE- OIL/SPRAY $305.96 JPMORGAN CHASE BANK CORNERSTONE - POARTS $88.98 JPMORGAN CHASE BANK CORNERSTONE- SUPPLIES $186.14 JPMORGAN CHASE BANK EBAY -CABLE COVERS $14.46 JPMORGAN CHASE BANK GRAINGER -PARTS $156.43 JPMORGAN CHASE BANK HOME DEPOT -CABLE COVE $4.97 JPMORGAN CHASE BANK LOWES -CABLE COVERS $16.14 JPMORGAN CHASE BANK LOWES - REFUND ($1.32) JPMORGAN CHASE BANK LOWES- SUPPLIES $935.36 JPMORGAN CHASE BANK LOWES -WEED KILLER $109.96 JPMORGAN CHASE BANK RADONSEAL- SEALER $111.00 JPMORGAN CHASE BANK RASKA NURSERY - PLANTS $291.00 JPMORGAN CHASE BANK ROADSAFE- SUPPLIES $960.00 JPMORGAN CHASE BANK SPRING CREEK - BUSHES $132.00 JPMORGAN CHASE BANK ULINE -RAMP $423.95 GEN CULTURE & RECREATION -Total $4,243.10 JPMORGAN CHASE BANK ADOBE -SUB FEE $29.99 JPMORGAN CHASE BANK OFFICE DEPOT- SQUARE R $49.99 JPMORGAN CHASE BANK OK NEWS -SUB FEE $7.58 JPMORGAN CHASE BANK THE ECONOMIST -SUB FEE $205.00 VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN ECONOMIC DEV -Total $332.57 CITY GARAGE LABORIOVERHEAD CHG - JUNE $117.00 CITY GARAGE VEHICLE PARTS PURCH - MAY $10.00 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MAY, 2 $46.12 VERDIGRIS VALLEY ELECTRIC COOP STORM SIREN ELECTRIC BILL $95.07 VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN EMERG PREPAREDNESS -Total $308.20 CITY GARAGE LABOR/OVERHEAD CHG -JUNE $561.92 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MAY, 2 $264.25 UNIFIRST HOLDINGS LP UNIFORM SERVICE $14.78 Claims List - 6/15/2021 Fund Vendor Name Payable Description Payment Amount 01 GENERAL VERIZON WIRELESS WIRELESS CONNECTION $80.02 GEN ENGINEERING -Total $920,97 CITY GARAGE LABOR/OVERHEAD CHG - JUNE $74.83 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES $6.27 GEN FINANCE -Total $81.10 AMERICANCHECKED INC ATTN: BILLING SOLICITOR BACKGROUND CHEC $206.50 AT &T CONSOLIDATED PHONE $906.90 ELIZABETH ANNE CHILDS GENERAL LEGAL SERVICE FEE $690.00 JPMORGAN CHASE BANK SAVON- ENVELOPES $765.00 ONEOK INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $198.28 SUMNERONE INC (UPSTAIRS) COPIER SERVICE $798.71 TREASURER PETTY CASH ROGERS CO FILING FEE $22.00 TULSA COUNTY CLERK TULSA COUNTY FILINGS $44.00 TULSA COUNTY ELECTION BOARD COUNCIL ELECTION $23.22 VERIZON WIRELESS WIRELESS CONNECTION $41.35 GEN GENERAL GOVERNMENT -Total ANNUAL MAINTENANCE FOR EN $3,695.96 ONEOK INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $49.77 GEN HISTORICAL MUSEUM -Total $49.77 AMERICANCHECKED INC ATTN: BILLING BACKGROUND CHECKS $548.95 JPMORGAN CHASE BANK AMAZON -EMPL DEV BOOKS $33.51 JPMORGAN CHASE BANK FACEBOOK- ADVERT $48.77 JPMORGAN CHASE BANK GIANT TV -EMPL DEV $349.50 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $65.97 JPMORGAN CHASE BANK OWASSO CHAMBER -FEES $20.00 JPMORGAN CHASE BANK STRATEGIC GOV- TRAININ $19.00 MCAFEE & TAFT LEGAL-PERSONNEL $467.50 MCAFEE & TAFT LEGAL PERSONNEL $1,508.00 GEN HUMAN RESOURCES -Total $3,061.20 AT &T CONSOLIDATED PHONE $22.54 CITY GARAGE LABORIOVERHEAD CHG -JUNE $80.00 JPMORGAN CHASE BANK AMAZON- BATTERIES $21.99 JPMORGAN CHASE BANK AMAZON -CORDS $37.81 JPMORGAN CHASE BANK CHICKASAW- SUPPORT FEE $271.18 JPMORGAN CHASE BANK COX -SVC $671.44 JPMORGAN CHASE BANK HOME DEPOT -POWER STRI $39.97 JPMORGAN CHASE BANK LOWES- SUPPLIES $29.64 JPMORGAN CHASE BANK OFFICE DEPOT - BATTERY $99.99 JPMORGAN CHASE BANK SAMS -EQUIP $209.98 RAMUNDSEN SUPERIOR HOLDINGS ANNUAL MAINTENANCE FOR EN $51,205.24 VERIZON WIRELESS WIRELESS CONNECTION $200.05 3 Claims List - 6/15/2021 Fund Vendor Name Payable Description Payment Amount 01 GENERAL GEN INFORMATION TECH -Total CNG FUEL PURCHASED - MAY, $52,889.83 CITY GARAGE LABOR/OVERHEAD CHG - JUNE $87.25 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MAY, 2 $63.83 JPMORGAN CHASE BANK MEETING EXPENSE $12.00 JPMORGAN CHASE BANK OWASSO CHAMBER -FEES $20.00 JPMORGAN CHASE BANK PIKEPASS -FEES $1.40 GEN MANAGERIAL -Total $184.48 BLUE ENERGY FUELS LLC CNG FUEL PURCHASED - MAY, $47.14 CITY GARAGE LABOR/OVERHEAD CHG - JUNE $1,155.33 CITY GARAGE VEHICLE PARTS PURCH - MAY $43.47 CITY OF OWASSO WATER $4,004.00 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MAY, 2 $687.96 JPMORGAN CHASE BANK CORNERSTONE - BLADES $206.22 ONEOK INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $42.61 VERDIGRIS VALLEY ELECTRIC COOP PARKS ELECTRIC $53.68 VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN PARKS -Total $6,280.42 AT &T CONSOLIDATED PHONE $311.10 VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN POLICE COMMUNICATIONS -Total LABOR/OVERHEAD CHG - JUNE $351.11 BLUE ENERGY FUELS LLC CNG FUEL PURCHASED - MAY, $348.79 CITY GARAGE LABOR/OVERHEAD CHG - JUNE $3,604.75 CITY GARAGE VEHICLE PARTS PURCH - MAY $2,753.36 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MAY, 2 $1,388.51 GM LAWNCARE LLC MOWING $2,000.00 JPMORGAN CHASE BANK AMAZON- CHAINS $65.66 UNIFIRST HOLDINGS LP UNIFORM SERVICE $38.64 VERIZON WIRELESS WIRELESS CONNECTION $80.02 GEN STORMWATER -Total $10,279.73 AT &T CONSOLIDATED PHONE $22.54 BLUE ENERGY FUELS LLC CNG FUEL PURCHASED - MAY, $47.54 CITY GARAGE LABOR/OVERHEAD CHG - JUNE $569.50 DALE & LEES SERVICE INC 7.5 TON ROOF -TOP PKG UNIT $10,892.00 DALE & LEES SERVICE INC NEW 5 -TON A/C UNIT $2,772.00 JPMORGAN CHASE BANK AMAZON -GRAB BAR $200.00 JPMORGAN CHASE BANK CAMFIL- FILTERS $172.77 JPMORGAN CHASE BANK INTERSTATE - BATTERIES $41.10 JPMORGAN CHASE BANK LOCKE -LIGHT TRIM $12.34 JPMORGAN CHASE BANK LOWES -LIGHT $20.98 JPMORGAN CHASE BANK LOWES- MATERIALS $107.82 4 Claims List - 6/15/2021 Fund Vendor Name Payable Description Payment Amount 01 GENERAL JPMORGAN CHASE BANK LOWES- REPAIR PARTS $36.76 JPMORGAN CHASE BANK QUIT BUGGIN -PEST CONT $195.00 JPMORGAN CHASE BANK SAMS- SUPPLIES $322.46 UNIFIRST HOLDINGS LP UNIFORM RENTAL $23.60 VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN SUPPORT SERVICES -Total $15,476.42 AEP /PSO STREET LIGHTS $9.00 TREASURER PETTY CASH CC DEP REF- HENSON $50.00 TREASURER PETTY CASH CC FEE REFUND - HENSON $60.00 TREASURER PETTY CASH CC REFUND -ELLIS $50.00 TREASURER PETTY CASH CC REFUND - ESSLINGER $50.00 TREASURER PETTY CASH CC REFUND -LAKE VALLEY $100.00 TREASURER PETTY CASH CC REFUND -MAJOR $100.00 TREASURER PETTY CASH CC REFUND- OWASSO BOUQ $50.00 TREASURER PETTY CASH CC REFUND- PETTIGREW $50.00 TREASURER PETTY CASH CC REFUND -SWOPE $50.00 TREASURER PETTY CASH FALSE ALARM REF -PIRRO $30.00 TREASURER PETTY CASH PARK FEE REF - SCHNITZE $30.00 TREASURER PETTY CASH REDBUD DEP REF - ARLDED $200.00 TREASURER PETTY CASH REDBUD DEP REF - INGERS $200.00 TREASURER PETTY CASH SPEC EVENT DEP REF $200.00 GENERAL -Total $1,229.00 GENERAL -Total $112,697.30 20 AMBULANCE SERVICE CITY GARAGE LABORIOVERHEAD CHG - JUNE $1,078.08 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MAY, 2 $2,744.73 JPMORGAN CHASE BANK AMAZON -EQUIP $98.90 JPMORGAN CHASE BANK LIFE ASSIS - SUPPLIES $1,936.44 JPMORGAN CHASE BANK LIFE ASSIST - SUPPLIES $1,650.66 JPMORGAN CHASE BANK SAMS - BATTERIES $23.96 JPMORGAN CHASE BANK SUMNERONE- COPIES $20.57 JPMORGAN CHASE BANK ZOLL- SUPPLIES $1,656.00 VERIZON WIRELESS WIRELESS CONNECTION $40.01 AMBULANCE -Total $9,249.35 AETNA INSURANCE AMBULANCE REFUND $394.17 ANNETTE BROWN AMBULANCE REFUND $50.00 BARBARA LAHAR AMBULANCE REFUND $99.09 CIGNA HEALTHCARE AMBULANCE REFUND $86.17 MELISSA BILLINGS AMBULANCE REFUND $21.06 TON] LITTLE AMBULANCE REFUND $50.00 XINIA FISHCHER- WHITMAN AMBULANCE REFUND $100.00 5 Claims List - 6/1512021 Fund Vendor Name Payable Description Payment Amount 20 AMBULANCE SERVICE AMBULANCE SERVICE -Total $800.49 AMBULANCE SERVICE -Total $10,049.84 21 E -911 AT &T MO SVC FEE T -1 CIRCUITS @ $1,066.20 COX COMMUNICATIONS MO SVC T -1 CIRCUITS RADIO $244.39 E911 COMMUNICATIONS -Total $1,310.59 E -911 -Total $1,310.59 25 HOTEL TAX JPMORGAN CHASE BANK AARTVARK- DESIGN SVC $215.00 JPMORGAN CHASE BANK IMPACT DATA -SUB FEE $5,775.00 JPMORGAN CHASE BANK INT'L EZ UP -FEES $699.12 JPMORGAN CHASE BANK MAINSTREET- BRACKETS $1,197.75 JPMORGAN CHASE BANK MEETING EXPENSE $187.60 JPMORGAN CHASE BANK WEIHAAS -WEB MAINT FEE $600.00 HOTEL TAX ECON DEV -Total $8,674.47 CITY GARAGE LABOR/OVERHEAD CHG - JUNE $250.08 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MAY, 2 $46.49 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $67.26 JPMORGAN CHASE BANK HOME DEPOT -TOOLS $79.90 JPMORGAN CHASE BANK WALMART- SUPPLIES $34.02 STRONG NEIGHBORHOODS -Total $477.75 HOTELTAX -Total $9,152,22 27 STORMWATER MANAGEMENT GRASSOLUTIONS LLC SPORTS PARK MITIGATION TR $105,024.40 SPORTS PRK DETENTION POND -Total $105,024.40 MESHEK & ASSOCIATES, P.L.C. AERIAL DRONE SURVEY - FUT $7,261.45 MESHEK & ASSOCIATES, P.L.C. BLACKJACK CREEK DRAINAGE $2,320.00 MESHEK & ASSOCIATES, P.L.C. ENGINEERING SERVICES - MI $2,155.00 MESHEK & ASSOCIATES, P.L.C. STORMWATER DRAINAGE $1,287.00 ANALY UNIFIRST HOLDINGS LP UNIFORM SERVICE $5.99 VERIZON WIRELESS WIRELESS CONNECTION $40.03 STORMWATER - STORMWATER -Total $13,069.47 STORMWATER MANAGEMENT -Total $118,093.87 31 AMBULANCE CAPITAL PROFESSIONAL AMBULANCE SALES & AEV AMBULANCE ADD -ONS FOR $2,375.00 AMBULANCE CAPITAL FD -Total $2,375.00 AMBULANCE CAPITAL -Total $2,375.00 34 VISION TAX BKL INCORPORATED ENGINEERING SERVICES - E $5,425.57 96TH FROM 119TH TO 129TH -Total $5,425.57 VISION TAX -Total $5,425.57 37 SALES TAX FIRE AT &T CONSOLIDATED PHONE $13.26 CITY GARAGE LABOR/OVERHEAD CHG - JUNE $3,229.75 9 Claims List - 6/15/2021 Fund Vendor Name Payable Description Payment Amount 37 SALES TAX FIRE CITY GARAGE VEHICLE PARTS PURCH - MAY $1,848.42 CITY OF OWASSO WATER $94.50 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MAY, 2 $2,174.65 JON TOMAS WINTLE TUITION REIMBURSEMENT $1,012.95 JPMORGAN CHASE BANK ALLIANZ TRAVEL -INS FE $125.50 JPMORGAN CHASE BANK AMAZON- GASKET $27.86 JPMORGAN CHASE BANK AMAZON- REPAIR $17.44 JPMORGAN CHASE BANK AMERICAN- AIRFARE $1,596.45 JPMORGAN CHASE BANK CHEWY.COM -K9 FOOD $49.86 JPMORGAN CHASE BANK EQUIP ONE- CLUTCH $383.50 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $454.40 JPMORGAN CHASE BANK IAFC -CONF FEE $699.00 JPMORGAN CHASE BANK IAFC -DUES $445.50 JPMORGAN CHASE BANK IAFC -REGIS FEE $2,796.00 JPMORGAN CHASE BANK KUSSMAIL -PARTS $433.68 JPMORGAN CHASE BANK LOCKE -FLOOD LIGHT $31.44 JPMORGAN CHASE BANK LOWES - SUPPLIES $5.88 JPMORGAN CHASE BANK NAFECO- UNIFORMS $1,225.00 JPMORGAN CHASE BANK NSC- REPAIRS /FILTERS $1,576.57 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $118.68 JPMORGAN CHASE BANK OREILLY- BATTERY $55.22 JPMORGAN CHASE BANK OREILLY- FILTERS $43.82 JPMORGAN CHASE BANK PAYPAL - TRAINING $495.00 JPMORGAN CHASE BANK PIKEPASS -FEES $30.20 JPMORGAN CHASE BANK STANDARD SPLY -OIL $14.75 JPMORGAN CHASE BANK STANDARD SPLY -OIL CHA $18.95 JPMORGAN CHASE BANK SUMNERONE -FEES $160.27 JPMORGAN CHASE BANK USPS- POSTAGE $4.90 JPMORGAN CHASE BANK WALMART- SUPPLIES $19.88 ONEOK INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $449.65 VERIZON WIRELESS WIRELESS CONNECTION $1,002.95 SALES TAX FUND -FIRE -Total $20,655.88 SALES TAX FIRE -Total $20,655.88 38 SALES TAX POLICE AT &T CONSOLIDATED PHONE $852.54 CITY GARAGE LABORIOVERHEAD CHG - JUNE $10,936.58 CITY GARAGE VEHICLE PARTS PURCH - MAY $8,672.76 CITY OF OWASSO WATER $5.00 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MAY, 2 $11,975.45 JPMORGAN CHASE BANK AMAZON - LAPTOP UPGRADE $89.98 JPMORGAN CHASE BANK LOWES -CABLE COVERS $20.24 JPMORGAN CHASE BANK NEWEGG- LAPTOP UPGRADE $570.05 7 Claims List - 6115/2021 Fund Vendor Name Payable Description Payment Amount 38 SALES TAX POLICE JPMORGAN CHASE BANK NEWEGG- REFUND ($54.69) JPMORGAN CHASE BANK PAYPAL- BATTERIES $63.96 OKLAHOMA DEPARTMENT OF LABOR ELEVATOR INSPECTION $225.00 ONEOK INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $381.58 OWASSO FOP LODGE #149 POLICE DEPT LEGAL DEFENSE $199.50 TREASURER PETTY CASH SUPPLIES $44.40 TREASURER PETTY CASH TRAVEL EXPENSE -YOUNT $84.88 VERIZON WIRELESS WIRELESS CONNECTION $1,261.29 SALES TAX FUND- POLICE -Total $35,328.52 SALES TAX POLICE -Total $35,328.52 39 SALES TAX STREETS AEP /PSO ELECTRIC USE $76.60 AEP IPSO STREET LIGHTS $6,539.87 BLUE ENERGY FUELS LLC CNG FUEL PURCHASED - MAY, $115.75 CINTAS CORPORATION FIRST AID SUPPLIES $65.24 CITY GARAGE LABORIOVERHEAD CHG - JUNE $3,562.75 CITY GARAGE VEHICLE PARTS PURCH - MAY $1,376.96 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MAY, 2 $1,200.76 J &A TRAFFIC PRODUCTS LLC SIGN POST REPLACEMENT - S $3,447.50 JPMORGAN CHASE BANK LOWES - STRAPS $17.98 JPMORGAN CHASE BANK PIKEPASS -FEES $27.55 TULSA COUNTY HIGHWAY SIGNS $210.90 CONSTRUCTION UNIFIRST HOLDINGS LP UNIFORM SERVICE $98.11 VERDIGRIS VALLEY ELECTRIC COOP 116/129 TRAFFIC SIGNA $81.74 VERDIGRIS VALLEY ELECTRIC COOP CHAMPION STREET LIGHT $85.30 VERDIGRIS VALLEY ELECTRIC COOP SECURITY LIGHT $7.21 VERIZON WIRELESS WIRELESS CONNECTION $80.02 SALES TAX FUND- STREETS -Total $16,994.24 SALES TAX STREETS -Total $16,994.24 40 CAPITAL IMPROVEMENTS EMC ELECTRICAL MECHANICAL ELECTRICAL SERVICES $5,190.00 COMPANY CI - E 76TH ST WIDENING -Total $5,190.00 MAGNUM CONSTRUCTION ELM CREEK PARK - PARK IMP $33,977.88 CI - ELM CREEK PARK -Total $33,977.86 MESHEK & ASSOCIATES, P.L.C. LAKE RIDGE/CENTRAL PARK D $3,895.62 CIP LAKERIDGE /CNTL PARK -Total $3,895.62 CAPITAL IMPROVEMENTS -Total $43,063.50 70 CITY GARAGE FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MAY, 2 $38.12 JPMORGAN CHASE BANK AMERIFLEX -PARTS $40.50 JPMORGAN CHASE BANK CLASSIC CHEW- SERVICE $163.90 JPMORGAN CHASE BANK HESSELBEIN -TIRES $1,221.12 e Claims List - 6/1512021 Fund Vendor Name Payable Description Payment Amount 70 CITY GARAGE JPMORGAN CHASE BANK JIM GLOVER -PARTS $1,498.13 JPMORGAN CHASE BANK JIM GLOVER- REPAIR $562.67 JPMORGAN CHASE BANK JIM NORTON -CORE CREDI ($2,000.00) JPMORGAN CHASE BANK JIM NORTON - TRANSMISSI $4,974.82 JPMORGAN CHASE BANK LENOX- TOWING $95.00 JPMORGAN CHASE BANK OSI ENV -FEES $50.00 JPMORGAN CHASE BANK SPECTRO- SUPPLIES $87.19 JPMORGAN CHASE BANK SUMMIT- FILTER $161.93 JPMORGAN CHASE BANK UNITED FORD -CORE RETU ($75.00) JPMORGAN CHASE BANK UNITED FORD -PARTS $242.72 JPMORGAN CHASE BANK WARREN CAT - HARDWARE $114.89 JPMORGAN CHASE BANK YELLOWHOUSE -PARTS $1,974.96 ONEOK INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $131.76 UNIFIRST HOLDINGS LP UNIFORM RENTAL $34.86 UNIFIRST HOLDINGS LP UNIFORM RENTAL - BLANKET $34.86 WELLNESS -Total $9,500.00 HEALTHCARE SELF INS FUND -Total $9,500.00 City Grand Total $400,275.08 9 CITY GARAGE -Total $9,352.43 CITY GARAGE -Total $9,352.43 76 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS' COMP CLAIMS $4,617.79 UNITED SAFETY & CLAIMS INC UNITED SAFETY CLAIMS $1,658.33 WORKERS' COMP SELF -INS -Total $6,276.12 WORKERS' COMP SELF -INS -Total $6,276.12 78 HEALTHCARE SELF INS FUND JPMORGAN CHASE BANK RAMSEY SOL -SUB RENEW $9.500.00 WELLNESS -Total $9,500.00 HEALTHCARE SELF INS FUND -Total $9,500.00 City Grand Total $400,275.08 9 TO: The Honorable Mayor and City Council FROM: Linda Jones Finance Director SUBJECT: Supplemental Appropriations Fiscal Year End DATE: June 11, 2021 BACKGROUND: The City of Owasso operates under the provisions of the Municipal Budget Act. In accordance With the Budget Act, all funds of the City with revenues and expenditures are required to have annual budgets. Expenditures may not legally exceed the appropriation or budget within a department or a fund. The City Manager has the authority to transfer appropriations between line items within a department or to transfer appropriations between departments within the same fund. An increase in total appropriations in a fund requires City Council approval. The Trust Authorities, Owasso Public Works Authority (OPWA) and Owasso Public Golf Authority (OPGA), are required to prepare an annual budget and submit a copy to the City as beneficiary of the Trust. However, there are no further requirements such as a legal restriction on spending. GENERAL FUND SALES TAX REVENUE AND TRANSFER: Under the pledged revenue requirements of the OPWA bond indentures, the City transfers three cents of its sales tax collections to the OPWA Fund. The OPWA then transfers two cents of the sales tax, less payback agreements, back to the General Fund and transfers one cent of the sales tax, less debt service, to the Capital Improvements Fund. The General Fund sales tax collections for the year total approximately $29.14 million, which is more than the budgeted revenue. Due to the excess sales tax revenue in the General Fund, the sales tax transfers to and from the OPWA Fund will exceed budget. PROPOSED ACTION: Budget amendments in the amount of $3.2 million are requested to allow for the transfer of those unexpected revenues and to ensure compliance with the voter- approved sales tax ordinance. RECOMMENDATION: Staff recommends approval of a budget amendment in the General Fund increasing the estimated revenue and the appropriation for expenditures by $3.2 million. TO: The Honorable Mayor and City Council FROM: Linda Jones Finance Director SUBJECT: Resolution 2021 -11 FY 2021 -2022 Annual Operating Budget DATE: June 11, 2021 Pursuant to statutory and Charter provisions, an annual operating budget for the General Fund, Owasso Public Works Authority (OPWA) Fund, Owasso Public Golf Authority (OPGA) Fund and other funds has been developed and was transmitted for City Council review on May 11, 2021. The proposed budget was discussed during the May and June Worksession meetings. Printed copies of the proposed budget have been available for public viewing at City Hall and on the City's website. Resolution 2021 -1 1 provides for the adoption of a fiscal year budget for the City of Owasso, Oklahoma. PUBLIC HEARING: On May 19, 2021, a legal notice of a public hearing was published in the Owasso Reporter, and such hearing was conducted on June 1, 2021. The public hearing provided opportunity for citizen comment and questions relating to the proposed budget. There were no citizen comments provided. RECOMMENDATION: Staff recommends approval of Resolution 2021 -11, adopting the Fiscal Year 2021 -2022 budget for the General Fund and other funds as established by the Owasso City Council. ATTACHMENT: Resolution 2021 -11 CITY OF OWASSO, OKLAHOMA RESOLUTION 2021 -11 A RESOLUTION PROVIDING FOR THE ADOPTION OF AN ANNUAL BUDGET FOR FISCAL YEAR 2021 -2022 FOR THE GENERAL FUND AND OTHER FUNDS AS ESTABLISHED BY THE OWASSO CITY COUNCIL; ESTABLISHING LEVELS OF EXPENDITURES BY DEPARTMENT AND ESTABLISHING BUDGET AMENDMENT AUTHORITY AS PROVIDED BY STATUTE; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, The City of Owasso has adopted the provisions of the Oklahoma Municipal Budget Act (the Act); and WHEREAS, A budget for the fiscal year ending June 30, 2022 (FY 2021 -2022) consistent with the Act has been prepared: and WHEREAS, The Act provides for the City Manager, or designee, to transfer any unexpended and unencumbered appropriation from one department to another within the some fund; and WHEREAS, The budget has been formally presented to the Owasso City Council at least 30 days prior to the start of the fiscal year in compliance with the Act; and WHEREAS, The Owasso City Council published notice of a Public Hearing, and conducted the Public Hearing on June 1, 2021, in compliance with the Act. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: SECTION ONE (1): The City Council of the City of Owasso does hereby adopt the FY 2021- 2022 Budget with total resources available in the amount of $90,034,447 and total fund /departmental appropriations in the amount of $97,280,075; legal appropriations are hereby established as shown on "Attachment A" for each fund and department; and, SECTION TWO (2): The June 30, 2021, encumbrances and unexpended appropriation balances for capital projects in the Vision Recapture Fund, the Half -Penny Sales Tax Fund, the Capital Improvements Fund, the Ambulance Capital Fund, the Park Development Fund, the Stormwater Management Fund, and the Capital Improvement Grants Fund be hereby re- appropriated to the some funds, accounts and for the same purposes for Fiscal Year 2021 -2022 unless the project or purpose is designated or declared closed or completed, provided that fund balances in each respective fund is equal to or greater than the amounts to be re- appropriated; and, SECTION THREE (3): The Sinking Fund Schedules for June 30, 2021, and Sinking Fund Estimate of Needs for Fiscal Year Ending June 30, 2022, are hereby approved to be Filed with the County Excise Board; and, SECTION FOUR (4): The effective date of this Resolution shall be July 1, 2021. PASSED AND APPROVED this 15th day of June 2021. ATTEST: Bill Bush, Mayor Juliann M. Stevens, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney City Resolution No. 2021 -11 ATTACHMENT "A" BUDGET SUMMARY - FISCAL YEAR 2021 -2022 Appropriation by Fund & Department General Fund Municipal Court General Fund Managerial General Fund Finance General Fund Human Resources General Fund General Government General Fund Information Technology General Fund Support Services General Fund Community Development General Fund Police Services Half -Penny Sales Tax Fund Police Services General Fund Police Communications General Fund Animal Control General Fund Fire Services Half -Penny Sales Tax Fund Fire Services General Fund Emergency Preparedness General Fund Engineering General Fund Streets Half -Penny Sales Tax Fund Streets General Fund Stormwater General Fund Cemetery General Fund Parks General Fund Recreation & Culture General Fund Community Center General Fund Historical Museum General Fund Economic Development General Fund Strong Neighborhoods General Fund Interfund Transfers Out Ambulance Service Fund Ambulance Operations Ambulance Capital Fund Ambulance Operations E -911 Fund Police Communications Cemetery Care Fund Cemetery Emergency Siren Fund Emergency Preparedness Juvenile Court Fund Juvenile Court Hotel Tax Fund Economic Development Hotel Tax Fund Strong Neighborhoods Stormwater Management Fund Stormwater Tax Incremental Financing Fund TIF Interfund Transfer Out Vision Tax Fund Vision Streets Projects Vision Tax Fund Interfund Transfers Out Park Development Fund Capital Projects Capital Improvement Grants Fund Capital Projects Capital Improvements Fund Capital Projects City Garage Fund Vehicle Maintenance Self- Insurance Fund General Government Sinking Fund General Government Total Appropriations $339,667 924,500 959,305 488,508 461,600 1,767,537 669,350 934,638 8,189, 691 1,299,851 2,078,048 292,167 5,928,328 2,021,420 132,148 916,638 1,084,515 1,550,598 592,326 146,259 723,346 673,197 400,107 35,444 221,357 18,202 33,573,637 2,114,480 534,360 302,800 1,850 10,000 10,000 153,402 190,217 1,719,934 381, 01 1 9,409,318 42,000 55,000 150,000 7,075,928 662,161 7,995,230 50,000 $97,280,075 TO: The Honorable Mayor and City Council FROM: Alexa Beemer City Planner SUBJECT: Ordinance 1179, Annexation (OA 21 -03) and Rezoning (OZ 21 -04) - Bible Church of Owasso DATE: June 11, 2021 BACKGROUND: The Community Development Department received a request for the annexation and rezoning of property located at 11121 North 129th East Avenue. The subject property is composed of approximately 9.95 acres of land and is currently zoned Agriculture (AG) in Tulsa County. Upon annexation, the applicant is requesting the property be brought into Owasso City limits as Residential Single - Family High Density (RS -3) via an accompanying rezoning request (OZ 21 -04). SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction Residential Single-Family High Density RS -3 Residential Single - Residential Proposed Use Religious Institution North Family High Density Residential Residential City of Owasso Washington County Rural Water District #3 RS -3 Storm Siren Fee ($50.00 per acre) Ranch Creek Interceptor Payback ($610.33 per acre) Garrett - Morrow Sanitary Assessment 3,146 per acre South Agriculture (AG) Agriculture Transitional Tulsa County Residential Single - East Family High Density Residential Residential City of Owasso RS -3 West Agriculture (AG) Rural Residential Residential Tulsa County SUBJECT PROPERTY/PROJECT DATA: Property Size 9.95 acres +/- Current Zoning Agriculture AG in Tulsa Count Proposed Zoning Upon Annexation Residential Single-Family High Density RS -3 Land Use Master Plan Residential Proposed Use Religious Institution Within PUD? No Within Overlay District? Yes; US -169 Overlay Water Provider Washington County Rural Water District #3 Applicable Paybacks (assessed at Platting) Storm Siren Fee ($50.00 per acre) Ranch Creek Interceptor Payback ($610.33 per acre) Garrett - Morrow Sanitary Assessment 3,146 per acre ANALYSIS: The property is currently zoned AG in Tulsa County, and is contiguous with City limits on the northern and eastern boundaries of the property. The applicant is requesting the property be assigned the RS -3 zoning designation upon annexation, via a concurrent rezoning request (OZ OA 21 -03, OZ 21 -04 Page 2 21 -04). Typically, property is annexed either under AG zoning or as the County's corresponding zoning designation as per the Owasso Zoning Code. However, an applicant may request an alternate zoning if said zoning corresponds to the Land Use Master Plan and is advertised in accordance with statutory requirements. In this case, the GrOwasso 2030 Land Use Master Plan identifies the subject property for future Residential land uses. Therefore, assigning a zoning of RS -3 to the property upon annexation is appropriate. The subject property is currently undeveloped and unplatted. The applicant intends to construct a religious institution on the property, which will require the applicant to secure a Specific Use Permit (SUP), as religious institutions are not allowed by -right in an RS -3 zoning district. The applicant is aware of this requirement, and has indicated they intend to submit a request for an SUP in the coming months. This annexation and rezoning process is just the first step in the overall development process. The GrOwasso 2030 Land Use Master Plan identifies the subject property for future residential uses, so the requested zoning of RS -3 is appropriate. Further, while religious institutions are not usually allowed in areas identified for future residential uses, this proposed use may be deemed appropriate for this location if the correct controls are utilized with an SUP. Because the applicant does intend to secure an SUP on this property, Staff has determined that the proposed use of a religious institution should indeed be compatible with surrounding existing and future land uses. The City of Owasso will provide police, fire, ambulance, and sanitary sewer services to the property upon annexation. Washington County Rural Water District #3 will provide water services to this property. Any future development that occurs on the subject property must adhere to all Owasso subdivision, zoning, and engineering requirements. PLANNING COMMISSION: The Owasso Planning Commission voted 4 -0 to recommend approval of annexation request OA 21 -03 and accompanying rezoning request OZ 21 -04 at their regular meeting on June 7, 2021. RECOMMENDATION: Staff recommends adoption of Ordinance 1179. ATTACHMENTS: Ordinance 1179 GrOwasso 2030 Land Use Master Plan Map Annexation Exhibit CITY OF OWASSO, OKLAHOMA ORDINANCE 1179 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING INTO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY, REFERENCED IN APPLICATION OA 21 -03 AND APPROVING ZONING APPLICATION OZ 21 -04 WHEREAS, public hearings have been held regarding the request for annexation and rezoning of the property located at 11121 North 129th East Avenue; and, WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission, and all statements for or against the requested annexation and rezoning of the property referenced in applications OA 21 -03 and OZ 21 -04. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION 1. A tract of land described at 11121 North 129th East Avenue, as situated in the Southwest Quarter of the Northwest Quarter (SW /4 NW /4) of Section Nine (9), Township Twenty -one (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof, being more particularly described as follows: COMMENCING from an Oklahoma Highway Department Brass Monument at the Southwest corner of the Northwest Quarter (NW /4); Thence N 88°44'39" E and along the South line of said NW /4 a distance of 50.00 feet to the Point of Beginning; Thence N 1°10'39" W and parallel with the West line of the Northwest Quarter (NW /4) a distance of 435.65 feet; Thence N 88°44'39" E and parallel with the South line of said Southwest Quarter of the Northwest Quarter (SW /4 NW /4) a distance of 1000.00 feet; Thence S 1°10'39" E and parallel with the West line of the Northwest Quarter (NW /4) a distance of 435.65 feet to a point on the South line of the Northwest Quarter (NW /4); Thence S 88°44'39" W and along said South line a distance of 1000.00 feet to the POINT OF BEGINNING. LESS AND EXCEPT: A tract that is part of the Northwest Quarter (NW /4) of Section Nine (9), Township Twenty -one (2 1) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, Oklahoma, more particularly described as follows: BEGINNING at a point on the South line of said NW /4, 1045.00 feet East of the Southwest corner thereof; Thence N 1°10'39" W a distance of 435.65 feet; Thence N 88°44'39" E a distance of 5.00 feet; Thence S 1°10'39" E a distance of 435.65 feet to a point on said South line of NW /4; Thence S 88 144'39" W along said South line a distance of 5.00 feet to the POINT OF BEGINNING. Said tract of land contains 9.95 acres, more or less. The same is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, Ordinance 1179 Page 1 of 3 and its corporate limits and the same is hereby zoned Residential Single - Family High Density (RS- 3). All persons residing therein, and all property situated thereon, shall be subject to the jurisdiction, control, laws, and ordinances of the City of Owasso, Oklahoma, in all respects and particulars. SECTION 2. From and after the passage and publication of this Ordinance, the real estate and territory described above shall be a part of the City of Owasso, Oklahoma, and in Ward 1. 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 and correct map of the territory annexed. PASSED AND ADOPTED this 15th day of June, 2021. Bill Bush, Mayor ATTEST: Juliann M. Stevens, City Clerk (SEAL) APPROVED AS TO FORM: Julie Lombardi, City Attorney Ordinance 1179 Page 2 of 3 TO: The Honorable Mayor and City Council FROM: Larry Langford Director of Recreation and Culture SUBJECT: Bid Award - Funtastic Island Renovation and Splash Pad Project DATE: June 11, 2021 BACKGROUND: On June 18, 2019, City Council approved Resolution 2019 -13, amending the list of projects eligible for funding from the Capital Improvements Fund to include Funtastic Island renovations and construction of a new splash pad. On July 16, 2019, City Council awarded a professional services agreement to Planning Design Group, Inc. of Tulsa, Oklahoma, for the Funtastic Island Renovation and Splash Pad Project. BID PROCESS: Advertisements for the project were published on May 5 and 12, 2021, with the base design to include complete tear -down and rebuild of playground area consisting of new equipment, pour in place safety surface, ample shaded seating areas, synthetic turf berms, a new splash pad area with spray features highlighted by a large dump bucket. Six alternates were included: Alternate #1 Eclipse climber net with synthetic turf Alternate #2 Concrete curb around swings with bench TO: The Honorable Mayor and City Council FROM: Larry Langford Director of Recreation and Culture SUBJECT: Bid Award - Funtastic Island Renovation and Splash Pad Project DATE: June 11, 2021 BACKGROUND: On June 18, 2019, City Council approved Resolution 2019 -13, amending the list of projects eligible for funding from the Capital Improvements Fund to include Funtastic Island renovations and construction of a new splash pad. On July 16, 2019, City Council awarded a professional services agreement to Planning Design Group, Inc. of Tulsa, Oklahoma, for the Funtastic Island Renovation and Splash Pad Project. BID PROCESS: Advertisements for the project were published on May 5 and 12, 2021, with the base design to include complete tear -down and rebuild of playground area consisting of new equipment, pour in place safety surface, ample shaded seating areas, synthetic turf berms, a new splash pad area with spray features highlighted by a large dump bucket. Six alternates were included: Alternate #1 Eclipse climber net with synthetic turf Alternate #2 Concrete curb around swings with bench Alternate #3 Fabric umbrellas Alternate #4 Hill net climber, Mobius climber, berm tunnels, Omni Spinner Alternate #5 Demo chain link, add privacy fence for electric enclosure Alternate #6 Entrance sign split block face column and repaint A mandatory pre -bid meeting was held on May 17, 2021, and bids were opened publicly on Thursday, June 3, 2021, with six (6) bids received. Contractor BASE BID ALTERNATES 1 -6 TOTAL MAGNUM $992,506 $113,100.00 $1,105,606.00 CEI $1,031, 188.82 $99,818.46 1,131,007.28 RECO $1,059,777.00 $102,600.00 $1,162,377.00 STRONGHAND 1,252,241.42 $117,437.08 1,369,678.50 ACS $1,267,100.00 202,800.00 $1,469,900.00 DT SPECIALIZED Incom lete bid Bid Award - Funtastic Island Renovation Page 2 of 2 BID ANALYSIS: The submitted bid packages were examined for any improper or unbalanced bids. One bid was determined to be incomplete and the lowest bid (including alternates) was from Magnum Construction, Inc., in the amount of $1,105,606.00 and met all specifications. FUNDING: Funding for the proposed improvements is available in the Capital Improvements Fund. RECOMMENDATION: Staff recommends awarding the base bid and alternates one (1) through six (6) to Magnum Construction, Inc., of Broken Arrow, Oklahoma, in the amount of $1,105,606.00, and authorization to execute all necessary documents. ATTACHMENTS: Bid tabulation sheet Construction Contract PROJECT IDENTIFICATION: SECTION 4 - BID SUBMITTAL Owasso Funtastic Island The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Project Documents to complete all Work as specified or Indicated in the Project Documents for the price and within the time indicated in this Bid and in accordance with all other terms and conditions of the Project Documents. 2. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) Bidder has examined Documents, the related following addenda: Addendum Number and carefully studied copies of all the Project data identified in the Project Documents and the Date May 28, 2021 4, BIDDER will complete the work in accordance with the Agreement for the following prices: BID SCHEDULE AND FORM OWASSO FUNTASTIC ISLAND CITY OF OWASSO, OKLAHOMA 6. BIDDER acknowledges that estimated quantities used in preparation of the unit Price Bid are not guaranteed and are solely for the purpose of comparison of Bids. Final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. BIDDER agrees that the Work will be substantially complete within 150 calendar days after the date when the Contract Times commence to run as provided by the General Conditions, and completed and ready for final payment in accordance with the General Conditions within 180 calendar days. For the porfomtmscs of all the work necessary to complete the work under Bid Schedule, as de6nod in the Contract Documents- OWASSO FUNTASTIC ISLAND - BID SCHEDULE BID PAY ITEMS Page 1 Dollars Item # Description Unit Quantity I Amount 20 Rubberized Poured In Place Safety Surface wl Concrete Base - Complete In Place 5. BIDDER accepts the provisions of the Agreement as to liquidated damages of One Thousand Dollars ($1000.00) for each consecutive calendar day that expires after for substantial completion until the work is substantially President IF BIDDER IS: M,3 (Individual's Name) doing business as Business Address: Phone A Partnership By:. (Firm Name) (General Partner) Business Address: Phone R'�7TIlnR7i1 By:, Name) (State of Incorporation) (SEAL) (SEAL) (Name of Person Authorized to Sign) President (Title) By:, (Name) (Address) (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) SECTION 9 - AGREEMENT and GENERAL CONDITIONS THIS AGREEMENT is dated as of the 15th day of June 2021 , by and between THE City of Owasso, Oklahoma (hereinafter called OWNER) and Magnum Construction Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Project Documents. All local, state, and federal laws, etc. shall govern every aspect of work. The Work is generally described as follows: OWASSO FUNTASTIC ISLAND CITY OF OWASSO, OKLAHOMA The project for which the Work under the Project Documents may be the whole or only a part, is described as follows: This project is for the construction of a new playground and splash pad at Owasso Funtastic Island. The work includes but is not limited to minor demolition, grading and erosion control, water service line installation, storm sewer pipe installation, playground element installation, poured -in -place rubber surface, wood fiber mulch, synthetic turf, splash pad element installation, plumbing for splash pad elements, concrete, batched colored concrete, shade structures installation, and site furnishings. ARTICLE 2. DEPARTMENT The project has been assigned by OWNER to the responsible City Department. The Department Director, or his /her duly authorized representative, who is hereinafter called PROJECT MANAGER, will assume all duties and responsibilities and will have the rights and authority assigned to DEPARTMENT in the Project Documents in connection with the completion of the Work in accordance with the Project Documents. ARTICLE 3. CONTRACT TIME 3.1 The Work will be substantially completed within One Hundred Fifty (150) calendar days from the date of Notice to Proceed; and completed and ready for final payment in accordance with the General Conditions within One Hundred Eighty (180) calendar days from the date of Notice to Proceed, which will be on or before September 2021 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER, if the Work is any such proof. OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER One Thousand Dollars ($1000.00) for each consecutive calendar day that expires after the time specified in paragraph 3.1 for substantial completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER One Thousand Dollars ($1000.00) for each consecutive calendar day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Project 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 907. of the WORK completed until such time as CONTRACTOR shall complete in excess of fifty percent (50 %) of the contract amount. 5.1.2 Upon completion in excess of fifty percent (50 %) of the total contract amount, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the WORK completed, less such amounts as OWNER shall determine in accordance with the General Conditions, provided that OWNER has determined that satisfactory progress is being made, and upon approval by the Surety. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the Contract Price. ARTICLE 6. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself /herself with the nature and extent of Project 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 Project Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Project Manager do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Project 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 Project 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 deemed 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 Project 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 Project 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 Project Documents, including the General Conditions. 6.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Project Documents. 6.6 CONTRACTOR has given OWNER written notice of all conflicts, errors or discrepancies that he has discovered in the Project 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 two (2) years after the project has been accepted by the OWNER. 6.8 CONTRACTOR understands that they 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, PROJECT DOCUMENTS The Project 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 and General Conditions 7.2 Exhibits "A", "B", and "C" to this Agreement 7.3 Advertisement for Bids 7.4 Requirements for Bidders 7.4 Project and Bid Specifications 7.6 Bid 7.7 Bid Bond 7.8 Bid Affidavits 7.9 Statement of Bidders Qualifications 7.10 Certificate of Non - Discrimination 7.11 Performance Bond / Maintenance Bond / Statutory payment Bond 7.12 Notice of Award and Notice to Proceed 7.13 Change Order 7.14 Project Drawings, consisting of Sheets 1 to 23, inclusive, and Standard Drawings. 7.15 Addendum Numbers 1 to 1 , inclusive. 7.16 Documentation submitted by CONTRACTOR prior to Notice of Award 7.17 Any Modification, including Change Orders, duly delivered after execution of Agreement There are no Project Documents other than those listed above in this Article 7. The Project 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 Project 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 Project 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 Project 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 Project Documents should be held void or unenforceable by law. ARTICLE 9. GENERAL CONDITIONS OF THE AGREEMENT SECTION 101 DEFINITIONS AND TERMS Whenever in these specifications and contracts, or in any documents or instruments pertaining to construction where these specifications govern, the following terms or pronouns in place of them are used, the intent and meaning shall be interpreted as follows: 101.01 - ABBREVIATIONS: Whenever the following abbreviations are used in these specifications or on the plans, they are to be construed the same as the respective expressions represented: A.A.S.H.O. American Association of State Highway Officials A.A.S.H.T.O. American Association of State Highway Traffic Officials A.I.A. American Institute of Architects A.S.A. American Standards Association A.S.C.E. American Society of Civil Engineers A.S.T.M. American Society of Testing & Materials A.W.W.A. American Water Works Association MUTCD Manual on Uniform Traffic Control Devices O.D.O.T. Oklahoma Department of Transportation 101.02 - ADVERTISEMENT: The public announcement, as required by law, inviting bids for work to be performed or materials to be furnished. 101.03 - AWARD: The acceptance by the Owner of a bid. 101.04 - BASE COURSE: The layer or layers of specified or selected materials of design thickness placed on a sub -base or a sub -grade to support a surface course. 101.05 - BIDDER: The individual, company, partnership or corporation submitting a bid for the advertised work. 101.06 - BRIDGE: A structure, including supports, erected over a depression or obstruction as water, highway, or railway, and having a track or passageway for carrying traffic, and having an opening measured along the center of the roadway of more than 20 feet between abutments or springline of arches or extreme ends of openings for multiple boxes. 101.07 - CITY: The City of Owasso, Oklahoma, a municipal corporation, acting through its duly authorized officers or agents. 101.08 - CALENDAR DAY: Every day shown on the calendar. 101.09 - CHANGE ORDER: A written order issued by the Department to the contractor, covering changes in the plans or quantities or both, within the scope of the contract and establishing the basis of payment and time adjustments for the work affected by the change. 101.10-CHANNEL: A natural or artificial watercourse. 101.11 - CONSULTANT: -Architect, Engineer, or other outside firm hired by the Owner to design or administer the construction of the Project. 101.12 - CONTRACT: The written agreement between the Owner and the contractor setting forth the obligations of the parties thereunder, including, but not limited to the performance of the work, furnishing of materials, and the basis of payment. The contract includes the invitation for bids, proposal, addenda, contract form and contract bonds (statutory, performance and maintenance bond), specifications, supplemental specifications, special provisions, general and detailed plans, and notice to proceed, also any change orders and agreements that are required to complete the construction of the work in an acceptable manner, including authorized extensions thereof, all of which constitute one instrument. 101.13 - CONTRACT ITEM (PAY ITEM): A specifically described unit of work for which a price is provided in the contract. 10 1. 14 - CONTRACT PAYMENT BOND (STATUTORY BONDL The security furnished by the contractor and his /her surety to guarantee payment of prescribed debts of the contractor covered by the bond. 101.15 -CONTRACT PERFORMANCE BOND: The security furnished by the contractor and his /her surety to guarantee complete execution and performance of the work in accordance with the contract. 101.16 - CONTRACT TIME: The number of work days or calendar days allowed for completion of the contract, including authorized time extensions. In case a calendar date of completion is shown in the proposal in lieu of the number of working calendar days, the contract shall be completed by that date. 101.17 - CONTRACTOR: The individual, company, partnership or corporation contracting with the City of Owasso for performance of prescribed work. 101.18 -CONTROL OF ACCESS: The condition where the right of owners or occupants of abutting land or other persons to access, light, air or view in connection with a roadway is fully or partially controlled by public authority. 101.19 - CULVERT: Any structure not classified as a bridge which provides an opening under the roadway. 101.20 - DEPARTMENT: A Department of the City of Owasso operating under the direction and authority of the Owner. 101.21 - DRAINAGE DITCH: A constructed open excavation or ditch constructed for the purpose of carrying off surface water. 101.22- EASEMENT: A grant of a right of use of the property of an owner for a certain purpose at the will of the grantee. 101.23 - EQUIPMENT: All machinery and equipment, together with the necessary supplies for upkeep and maintenance, and also tools and apparatus necessary for the proper construction and acceptable completion of the work. 101.24 - EXTRA WORK: An item of work not provided for in the contract as awarded but found essential to the satisfactory completion of the contract within its intended scope. 101.25 - EXTRA WORK ORDER: A change order concerning the performance of work or furnishing of materials involving extra work. Such extra work may be performed at agreed prices or on a force account basis as provided elsewhere in these specifications. 101.26 - INSPECTOR: The Department's authorized representative assigned to make detailed inspections of contract performance. 101.27 - INVITATION FOR BIDS: The advertisement for proposals for all work or materials on which bids are required. Such advertisement will indicate the time and place of the opening of proposals. 101.28 - LABORATORY: The official testing laboratory of the City or any other testing laboratory which may be designated by the Department. 101.29 - MATERIALS: Any substances specified for use in the construction of the project and its appurtenances, 101.30 - MAYOR: The Mayor of the City of Owasso as constituted by charter to administer the affairs of the City of Owasso. 101.31 - NOTICE TO PROCEED: Written notice to the contractor to proceed with the contract work. 101.32 - OWNER: City of Owasso, Owasso Public Works Authority, Owasso Public Golf Authority, or other entity of the City. 101.33 - PARKING: That portion of the right -of -way on city streets or urban projects not covered by paved surface or sidewalk. 101.34 - PAVEMENT STRUCTURE: The combined sub -base, base and surface courses placed on the sub -grade to support the traffic load and distribute it to the roadbed. 101.35 - PLANS: The approved plans, profiles, typical cross sections, working drawings and supplemental drawings, or exact reproductions thereof, which show the location, character, dimensions, and details of the work to be done. 101.36 - PROJECT: The specific section of construction to be performed thereon under the contract. 101.37 - PROPOSAL: The written offer of the bidder, submitted on the prescribed proposal form, to perform the work described in the plans and specifications and to furnish the labor and materials at the prices quoted by the bidder. 101.38 - PROPOSAL GUARANTY: The security to be furnished by the bidder as a guaranty of good faith to enter into a contract and to execute the required bonds covering the work contemplated if his /her proposal is accepted. 101.39 - SHOULDER: The portion of the roadway contiguous with the traveled way for accommodation of stopped vehicles, for emergency use, and for lateral support of base and surface courses. 101.40 - SPECIAL PROVISIONS: Additions and revisions to the standard and supplemental specifications covering conditions peculiar to an individual project. 101.41 - SPECIFICATIONS: A general term applied to all directions, provisions and requirements pertaining to performance of the work. 101.42 - SPECIFIED COMPLETION DATE: The date on which the contract work is specified to be completed. 101.43 - STATUTORY BOND: The approved forms of security furnished by the contractor and his surety as a guaranty that (s)he will pay in full all prescribed debts of the contractor covered by the bond. 101.44 - SUBBASE: The layer or layers of specified or selected material of designed thickness placed on a subgrade to support a base course. 101.45 - SUBCONTRACTOR: An individual, company, partnership or corporation to whom the contractor contracts part of the contract. 1.01.46 - SUBGRADE: The top surface of a roadbed upon which the pavement structure and shoulders are constructed. 101.47 - SUBSTANTIAL COMPLETION: The time at which the Work (or specified part thereof) has progressed to the point where, in the opinion of the Department, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Project Documents, so that the Work (or specified part thereof) can be utilized for the purpose for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 101.48 - SUBSTRUCTURE: All of that part of the structure below the bearings of simple and continuous spans, skewbacks or arches and tops of footings of rigid frames, together with the backwalls, wingwalls and wing protection railings. 101.49 - SUPERINTENDENT: The designated representative of the contractor present on the work at all times during progress, authorized to receive and execute instructions from the Department and capable of superintending the work effectively. 101.50 - SUPERSTRUCTURE: The entire structure except the substructure. 101.51 - WORK: Work shall mean the furnishing of all labor, materials, equipment, and other incidentals necessary or convenient to the successful completion of the project and the carrying out of all the duties and obligations imposed by the contract. 101.52 - WORKING DAY: A working day shall be any day, other than a holiday, Saturday, or Sunday, on which weather and working conditions would permit the normal forces of the contractor to proceed with regular work for a period of at least six hours toward the completion of the work, unless work is suspended for causes beyond the contractor's control. Saturdays, Sundays, and holidays on which the contractor's forces engage in regular work, requiring the presence of an inspector, will be considered as working days. 101.53 - WORK ORDER: A written order, executed by the Department, of a contractual status requiring performance by the contractor without negotiation of any sort. 101.54 - WORKING TIME: The working time stated in the proposal and the contract shall be definite number of working days or calendar days and shall be considered an essential part of the contract. 101.55 - In order to avoid cumbersome and confusing repetition of expressions in these specifications, it is provided that whenever anything is, or is to be, done, if, as, or, when or where "contemplated, required, determined, directed, specified, authorized, ordered, given, designated, indicated, considered necessary, deemed necessary, permitted, reserved, suspended, established, approval, approved, disapproved, acceptable, unacceptable, suitable, accepted, satisfactory, unsatisfactory, sufficient, insufficient rejected, or condemned;' it shall be understood as if the expression were followed by the words "by the Department" or "to the Department." SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS 102.01 - NOTICE TO BIDDERS (ADVERTISEMENTS After the date is set for the receipt of proposals, the Owner will give notice of such letting to prospective bidders. The notice Will contain a description of the proposed work, together with information to the bidder regarding access to proposal forms, plans, specifications, the amount of proposal guaranty and the minimum wage rate required per hour for labor (when applicable). This Notice to Bidders will be published as an advertisement giving notice of request for bids, as required by State laws. The Notice to Bidders will become one of the Project Documents, if award is made. 102.02 - PREQUALIFICATION OF BIDDERS: Bidders are not required to be pre - qualified. Bidder must complete Statement of Bidder's Qualifications. No bid will be accepted unless all questions have been answered completely and the statement has been signed and notarized. Each bidder agrees to comply with all terms of relating to equal employment opportunity. 102.03 - PROPOSAL FORMS: The Owner will make available to bidders the proposal forms which will state the location and description of the contemplated construction and will show the approximate quantities of the various items of work to be performed and materials to be furnished with a schedule of items for which unit bid or lump sum prices are asked. The proposal form will state the time in which it must be completed and the amount of the "Proposal Guaranty" which must accompany the proposal. 102,04 - INTERPRETATION OF ESTIMATES: The estimate of quantities of work to be done and materials to be furnished listed in the Plans and on the Bid Form are to be considered as approximate only and are to be used as a basis for the comparison of bids and the award of the contract. The Owner does not expressly or by implication agree that the actual quantities involved will correspond exactly therewith; nor shall the bidder plead misunderstanding or deception because of such estimate of quantities, or of the character, location or other conditions, pertaining to the work. Payment to the contractor will be made only for the actual quantities of work performed or materials furnished in accordance with the plans and specifications and it is understood that the quantities of work to be done and the materials to be furnished may each be increased, diminished or omitted as hereinafter provided without in any way invalidating the bid prices. 102.05 - EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS. SITE OF WORK: The bidder is required to examine carefully the site of the proposed work and the proposal, plans, specifications, special provisions, and contract forms, and satisfy himself /herself as to the character, quality and quantities of work to be performed and materials to be furnished and as to the requirements of these specifications, supplemental specifications, special provisions and contract. The submission of a proposal shall be prima facie evidence that the bidder has made such an examination. 102.06 - PREPARATION AND SUBMISSION OF PROPOSAL: (1) The bidder shall submit his /her proposal upon the forms furnished in the specification documents. The bidder shall specify a unit price in words and figures for each pay item for which a quantity is given and shall also show the products of the respective unit prices and quantities written in figures in the column provided for that purpose and the total amount of the proposal obtained by adding the amounts of the several items. All the words and figures shall be in ink or typed. In case of a discrepancy between the prices written in words and those written in figures, the prices written in words shall govern. Any change in the unit price, words or figures, or the product of the unit price, shall be acknowledged by the initials of the person signing the bid, adjacent to each such change or alteration. (2) LUMP SUM - The bidder shall submit his /her proposal upon the forms furnished in the specification documents. The bidder shall specify a lump sum price when called for either in words or in figures for each item requested, and shall also show the products when applicable. Any change in the lump sum, words or figures, or the product, shall be acknowledged by the initials of the person signing the bid, adjacent to each such change or alteration. SIGNATURE OF PROPOSAL CONTRACTS STATUTORY BOND IF A CORPORATION: Title of officer signing, Secretary's attest and Seal should be shown. IF A COMPANY: Title of officer signing. (If incorporated, following the Company name with "A Corporation" and title of officer signing, along with Secretary's attest and company seal or corporate seal.) IF A PARTNERSHIP: Indicate following firm name "A Partnership" and "Partner" following signature of partner signing. IF AN INDIVIDUAL: Show individual, D /B /A (show firm name) and following signature, show "Owner." 102.07 - REJECTION OF PROPOSALS: Proposals containing any omission, alterations of form, additions or conditions not called for, conditional or alternate bids unless called for, or if they contain a clause in which the bidder reserves proposals otherwise regular which are not accompanied by a Proposal Guaranty will be considered irregular and may be rejected. The Owner reserves the right to waive technicalities as to change, alterations, or reservations and make the award in the best interest of the Owner. 102.09 - PROPOSAL GUARANTY: Each separate proposal shall be accompanied by a certified check, cashier's check or bidder's surety bond, in the amount as stated in the advertisement for bids. 102.10 - WITHDRAWAL OF PROPOSAL; Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. After other bids are opened and read, the bid for which withdrawal is requested will be returned unopened. 102.11 - DISQUALIFICATION OF BIDDERS: Any one or more of the following causes may be considered as sufficient for the disqualification of a bidder and the rejection of his /her bid: • Failure to comply with any qualification regulations of the Owner. • Contractors on unacceptable lists published by governmental agencies. • More than one proposal for the some work from an individual, company, partnership, or corporation under the same or different names. • Evidence of collusion among bidders. Participants in such collusion will receive no recognition as bidders for any future work for the Owner. • Unbalanced proposals in which the prices for some items are out of proportion to the prices of other items. • Failure to submit a unit price or lump sum for each item or items of work listed in the proposal. • Lack of responsibility as shown by past work for the Owner, judged from the standpoint of workmanship and progress. Lack of competency and adequate machinery, plant and other equipment, as revealed by the financial statement and experience questionnaires. • Uncompleted work which, in the judgment of the Owner, might hinder or prevent the prompt completion of additional work if awarded. • For being in arrears on existing contracts, in litigation with the Owner, or having defaulted on a previous contract or failure to comply with any qualification regulations of the Owner. 102.12 - MATERIAL GUARANTY: The successful bidder may be required to furnish a complete statement of the origin, composition, and manufacture of any or all materials to be used in the construction of the work together with samples, which samples may be subjected to tests to determine their quality and fitness for the work. 102.13 - CONTRACTOR AND THEIR EMPLOYEES: The General Contractor and subcontractors employed upon the work shall and will be required to conform to the labor laws of the State of Oklahoma and the various acts amendatory and supplementary thereto, and to all laws, ordinances, and legal requirements applicable thereto. The contractor shall employ competent foremen, experienced mechanics, and others skilled in the several parts of the work given them to do, for performance of the work embraced in this contract; and shall promptly discharge any and all incompetent or otherwise unsatisfactory employees. Contractor's employees directly employed in performance of the work shall not be paid less than the prevailing minimum wage scale. Necessary sanitary conveniences for the use of employees on the work, properly secluded from public observation, shall be provided and maintained by the contractor. The construction and location of the facility and disposal of the contents shall comply with all laws of the Owner and State, relating to health and sanitation regulations. The contractor hereby agrees to comply with the provisions of Title 40 Oklahoma Statutes (Supp.9181) Sections 196.1 et.seq. relating to minimum wage scale of public projects. The Contractor and each Subcontractor shall pay the contributions required by the Social Security Act, U.S. Current Tax Payment Act (withholding tax) and the public laws of the State and shall accept exclusive liability for said contributions. The Contractor further shall indemnify and hold harmless the Owner on account of any such contributions assessed against the Owner. The contractor agrees to keep an accurate record showing the names and occupation of all employees, including the employees of any subcontractor, employed on the contract and also showing the actual wages paid to each of the employees, which record shall be open at all reasonable hours to the inspection of the Owner or the Commissioner of Labor, State of Oklahoma. The contractor further agrees that it (and contractor's subcontractors, if any) will not fail or refuse to hire or discharge any individual, or otherwise discriminate against any individual with respect to this compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, age or national origin, and further agrees that it will not (nor will its subcontractors, if any) limit segregate or classify its employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his /her status as an employee, because of such individual's race, color, religion, sex, age, physical handicap or national origin. Contractor further agrees with the Owner that this contract may be terminated by the Owner in the event there shall be a violation of any of the provisions of this paragraph, upon notice in writing given, and all monies to become due pursuant to any other provisions of this contract from the date of termination shall thereafter be forfeited the contractor being entitled only to monies expended and services performed up to and including the date of termination. SECTION 103 AWARD AND EXECUTION OF CONTRACT 103.01 - AWARD OF CONTRACT: Award of contract will be made by the Owner, upon the recommendation of the Department to the lowest responsible bidder meeting the requirements of the Oklahoma "Public Competitive Bidding Act ". The award of contracts involving the expenditure of federal funds is contingent on concurrence of the federal agency or any other agency whose funds are being used. The award, if made, will be within thirty (30) calendar days after the opening of proposals. 103.02 - CANCELLATION OF AWARD: The Owner reserves the right to cancel the award of any contract at any time before the execution of said contract without any liability against the Owner /City of Owasso. 10103 - RETURN OF PROPOSAL GUARANTIES: The guaranty deposited with bids will be returned to unsuccessful bidders within fourteen (14) days after the Bid Opening. The guaranty of the successful bidder will be retained until after the contract is executed and bonds approved, after which it will be returned. The Proposal Guaranty of any Bidder whom Owner believes to have a reasonable chance of receiving the award, may be retained by Owner until after the contract of the successful bidder is executed and the bonds approved. 103.04 - INSURANCE AND BONDS: The successful bidder will be required to carry such compensation and public liability insurance as may be required under the laws of the State of Oklahoma, and shall execute and furnish a statutory surety bond guaranteeing that the contractor shall pay all indebtedness incurred for materials and labor furnished in the performance of the contract in a sum equal to one hundred percent (100 %) of the contract price. The successful bidder shall furnish a performance surety bond in the amount of one hundred percent (100 %) of the contract guaranteeing the proper and prompt completion of the work in accordance with the provisions of the contract and the plans and specifications. The successful bidder shall also furnish a maintenance bond in the amount of one hundred percent (100 %) of the contract, guaranteeing public improvement projects for two (2) years against defective workmanship and materials from the date of acceptance of the project. CONTRACTOR MUST USE THE BOND FORMS SUPPLIED IN THIS DOCUMENT and MAY ATTACH SAID BOND. The contractor (and any subcontractors) shall carry and keep in force during this contract, policies of public liability insurance, including any contractual liability assumed under this contract, in the minimum amounts set forth below, and workmen's compensation and employer's liability insurance in the amounts required by law, The contractor shall also furnish an Owner's Protective Policy in the some amounts with the Owner as the named insured, issued by the same insurance company as the issuer of Contractor's Liability Coverage, Public Liability, other than automobile Personal Injury, each person $ 100,000.00 Personal Injury, each accident $1,000,000.00 Property Damage, each person $ 100,000.00 Property Damage, each occurrence $ 100,000.00 Automobiles and Trucks• Owned Hired and Non-owned: Personal Injury, each person $ 100,000.00 Personal Injury, each accident $1,000,000.00 Property Damage, each accident $ 100,000.00 The policy shall provide a clause stating that it cannot be canceled by the insurer without the insurer first giving the Owner ten (10) day written notice of cancellation. The contractor shall furnish the Owner an original and duplicate certificate of insurance at the time contracts are prepared. 103.05 - FORFEITURE OF PROPOSAL GUARANTY: The individual, partnership, company or corporation to whom a contract is awarded shall, within ten (10) days after such contract is awarded, execute and deliver to the Owner the contract required under such award, and execute and deliver all bonds required for the protection of the Owner against the claims of every person whomsoever and against the claims of all persons resulting from the acts or act, or the omissions or defaults of the contractor, in such amounts as may be required by the Owner. Such bonds to be executed and approved prior to the execution of said contract by the Owner. Upon the failure of the bidder to execute said bonds, or any of them, and said contract within said ten (10) days after the same is awarded, (s) he will be considered to have abandoned said bid, and the Owner may re -let the same. By reason of the uncertainty of the market prices of material and labor, and it being impracticable and extremely difficult to fix the amount of damages and expenses which the Owner would be put to by reason of said bidder's failure to execute said bonds and contracts within said ten (10) days, the proposal guaranty accompanying the bid shall be the agreed amount of damages which the Owner will suffer by reason of such failure upon the part of the bidder, and shall thereupon immediately be forfeited to the Owner. The filing of a bid under these instructions will be considered as an acceptance of this provision. 103.06 - PRELIMINARY MATTERS: Before starting construction, the Contractor shall carefully study and compare the Project Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to the Department any conflict, error, ambiguity, or discrepancy which the Contractor may discover and shall obtain written interpretation or clarification from the Department before proceeding with any work affected thereby. With 10 days after the Notice to Proceed, the Contractor shall submit to the Department for its timely review: 1. A preliminary progress schedule indicating the times (number of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Project Documents; 2. A preliminary schedule of Shop Drawings and Sample submittals which will list each required submittal and the times for submitting, reviewing, and processing such submittal; and 3. A preliminary schedule of values for all the Work which includes quantities and prices of items which, when added together, equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payment during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 103.07 - PRECONSTRUCTION CONFERENCE: Within 20 days from Notice to Proceed, but before any Work at the site is started, a conference attended by the Contractor, Department, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred in paragraph 103.07, procedures for handling Shop Drawings and other submittals, processing applications for payment and maintaining required records. At the present time, the OWNER has not set aside a particular area to store materials and heavy equipment. At the pre- construction conference, specific locations will be presented by the Contractor for approval by the Department. SECTION 104 SCOPE OF WORK 104.01 - INTENT OF CONTRACT: The intent of the contract is to provide for the construction and completion in every detail of the work described. The contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work in accordance with the plans, specifications, and terms of the contract. 104.02 - ALTERATION OF PLANS OR CHARACTER OF WORK• The Owner reserves the right to make at any time during the progress of the work, such increases or decreases in quantities an such alterations in the details of construction, including alterations in the grade or alignment of the road or structure or both, as may be found to be necessary or desirable. Such increases or decreases and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to accept the work as altered, the some as if it had been a part of the original contract. All claims, disputes and other matters in question between Owner and Contractor arising out of, or relating to, the Project Documents or the breach thereof are not subject to arbitration. The Owner will be the sole judge in all claims and disputes. 104.03 - EXTRA WORK: The contractor shall perform unforeseen work, for which there is no price included in the contract, whenever it is deemed necessary or desirable in order to complete fully the work as contemplated. Such work shall be performed in accordance with the specifications as directed in writing by the Department, and will be paid for as provided under extra or force account work. 104.04 - MAINTENANCE OF TRAFFIC: The project, while undergoing improvements, shall be kept open to all traffic by the contractor unless approved otherwise in writing by the Department. Temporary traffic control devices shall be furnished and maintained by the contractor. Methods of traffic control, including a traffic control plan, shall be submitted by the Contractor for approval before construction activities begin. All traffic control devices shall conform to the most recent Manual for Uniform Traffic Control Devices (MUTCD). 104.05 - REMOVAL AND DISPOSAL OF STRUCTURES AND OBSTRUCTIONS: All materials, structures, or obstructions found on the project which are not to remain in place or which are not to be used in the new construction shall be carefully dismantled and salvageable materials stored in accessible locations as directed by the Department. Unless specified on the plans or in the proposal, this work will not be paid for separately but will be included in the price bid for other items. Unless otherwise shown, materials not considered salvageable for use by the Owner or not incorporated in the work shall become the property of the contractor, and shall be removed from the work site in a timely manner and disposed of by him /her. 104.06 - SITE MAINTENANCE: The work site shall be kept free from construction debris. At the end of each work shift, the site shall be policed for objectionable debris which could be deposited off site by wind or storm runoff. Other materials for use in the construction of the project shall be maintained in orderly storage and protected from elements which could hinder incorporation into the work. 104.07 - CONTROL OF STORM RUNOFF: The contractor shall take preventive measures to minimize polluted runoff from the work site. Pollution includes, but is not limited to, silt or mud from disturbed area, construction debris, any petroleum products, or other objectionable materials. The contractor shall correct immediately any violation of this paragraph under current state and local ordinances. Failure to comply may result in shut down of all work as directed by the Department. 104.08 - FINAL CLEAN UP: Upon completion of the work and before acceptance and final payment will be made, the contractor shall remove from the right -of -way all machinery, equipment, surplus and discarded materials, rubbish, temporary structures and stumps or portions of trees. Contractor shall cut all brush and weeds within the limits of the right -of -way and shall leave the project and borrow pits in a neat condition. Material, cleared from the right -of -way will not be considered as having been disposed of satisfactorily. The contractor shall leave any areas or slopes, where any work is performed, in a neat and workmanlike condition, Contractor shall repair at their own expense and to the satisfaction of the Department, any areas, slopes, or turfing that have been damaged by the Contractor operations. SECTION 105 CONTROL OF WORK M5-01 - AUTHORITY OF THE CONTRACTOR: The Contractor shall supervise, inspect, and direct the Work competently as efficiently devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Project Documents. Contractor shall be responsible to see that the completed Work complies accurately with the Project Documents. 105.02 - AUTHORITY OF THE DEPARTMENT: The Department's status during construction is to assist the Owner in answering questions which may be brought forth by the Contractor during construction. However, final decisions will be made by the Owner. The Department will decide all questions which may arise as to the quality and acceptability of materials furnished and work performed and as to the rate of progress of the work; all questions which may arise as to the interpretation of the plans and specifications; all questions as the acceptable fulfillment of the contract on the part of the contractor. The Department will have the authority to suspend or change the sequence of work wholly or in part due to the failure of the contractor to correct conditions unsafe for the workmen or the general public; for failure to carry out provisions of the contract; for failure to carry out orders; for such periods as deemed necessary due to the unsuitable weather; for conditions considered unsuitable for prosecution of the work or for any other condition or reason deemed to be in the public interest. If the contractor ignores the authority of the Department under subsection 105.01, the Department may withhold partial payments due the contractor upon due notice in writing. Any notice to any Contractor from the Owner relative to any part of this Contract shall be in writing and considered delivered and the service thereof completed, when said notice is posted, by certified or registered mail, to the said Contractor at his /her last given address, or delivered in person to said Contractor or his /her authorized representative on the work. 105.03 - PLANS AND WORKING DRAWINGS: The Owner shall furnish the Contractor with digital copies of ALL Plans and Specifications at no cost to the Contractor. If hard copy sets are required, the Contractor will be required to print those at their own expense. Plans will show details of all structures, lines, grades, typical cross sections of the roadway, location and design of all structures. The contractor shall keep one set of plans available on the work at all times. The plans will be supplemented by such working drawings as are necessary to adequately control the work. Working drawings for structures shall be furnished by the contractor and shall consist of such detailed plans as may be required to adequately control the work and are not included in the plans furnished by the Owner. They shall include stress sheets, shop drawings, erection plans, false -work plans, cofferdam plans, bending diagrams for reinforcing steel or any other supplementary plans or similar data required of the contractor. All work drawings must be approved by the Department and such approval shall not operate to relieve the contractor of any of his /her responsibility under the contract for the successful completion of the work. The contract price will include the cost of furnishing all working drawings. After the Awarding of Contract, the Contractor shall furnish copies of each submittal required, along with a list of all subcontractors, telephone numbers, addresses, etc. Exceptions will be made on an individual basis concerning submittal time frames if manufacturer needs additional time. Generally, Notice to Proceed will be issued once the City Attorney has approved the contract and all bond, and the submittals and list of subcontractors have been submitted. 105.04 - CONFORMITY WITH PLANS AND SPECIFICATIONS: All work performed and all materials furnished shall be in reasonable close conformity with the lines, grades, cross sections dimensions and material requirements, including tolerances, shown on the plans or indicated in the specifications. In the event the Department finds the materials or the finished product in which the materials are used or the work performed are not in reasonable close conformity with the plans and specifications and have resulted in an inferior or unsatisfactory product, the work or materials shall be removed and replaced or otherwise corrected by and at the expense of the contractor. 105.05 - COORDINATION OF PLANS SPECIFICATIONS SUPPLEMENTAL SPECIFI CA -TIONS AND SPECIAL PROVISIONS: These specifications, the supplemental specifications, the plans, special provisions, and all supplementary documents are essential parts of the contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be complimentary and to describe and provide for a complete work. The contractor shall take no advantage of any apparent error or omission in the plans or specifications. In the event the contractor discovers such an error or omission, they shall immediately notify the Department. The Department will then make such corrections and interpretations as may be deemed necessary for fulfilling the intent of the plans and specifications. 105.06 - COOPERATION BY CONTRACTOR: The contractor shall give the work the constant attention necessary to facilitate the progress thereof, and shall cooperate With the Department, his /her inspectors, and other contractors in every way possible. The contractor shall have on the work at all times, as his /her agent, a competent superintendent capable of reading and thoroughly understanding the plans and specifications and thoroughly experienced in the type of work being performed, who shall receive instructions from the Department or his /her authorized representatives. The superintendent shall have full authority to execute order or directions of the Department without delay, and to promptly supply such materials, equipment, tools, labor, and incidentals as may be required. Such superintendence shall be furnished irrespective of the amount of work sublet. 105.07 - PROTECTION OF PROPERTY: The protection of City, State and Government monuments, street signs and other City property is of prime importance, and if the same be damaged, destroyed, or removed, they shall be repaired, replaced, or paid for by the contractor. Disturbance to this property must first be approved by the agency which controls it. At places where the contractor's operations are adjacent to the plant of railway, telegraph, telephone, electric, gas water, sanitary sewers, or storm sewers, damage to which might result in expense, loss, or inconvenience, work shall not be commenced until all arrangements for relocation or revisions have been made. The Owner has attempted to locate all storm sewers, culverts, and buried telephone or electrical conduits, sanitary sewers, water mains, and gas mains that might interfere with the construction of this project. The contractor shall cooperate with the owners of any underground or overhead utility lines in their removal and rearrangement operations in order that these operations may progress in a reasonable manner and duplication or rearrangement work may be reduced to a minimum and that services rendered by those parties will not be unnecessarily interrupted. The revision and crossings of the various types of lines shall be made as follows: A. Storm sewers and culverts may be removed at the time of crossing or may be adequately braced and held in position while the pipe is placed beneath them. If the storm sewer or culvert is removed, it shall be replaced with pipe of the same type and size as that removed and it shall be rejoined to the undisturbed line with a joint satisfactory to the Department. Backfill over and around the storm sewer shall be thoroughly compacted in order that no settlement will occur. The revision and crossing shown on the drawing shall be at the expense of the contractor. In the event line other than those shown on the drawing are encountered and fall within the standard trench limit or within t 7' of subgrade and, in the opinion of the Department, revision of the line is necessary for the construction of the project, the contractor will be reimbursed for the extra cost of the crossings or revision, provided the Owner can't fix the problems themselves. B. All overhead and buried telephone and electrical conduits and gas mains to be revised or crossed by the construction of this project shall be protected in accordance with the directions of the utility company owning the conduits and /or mains. The contractor shall notify the companies and obtain their permission before making any crossing or revisions. In the event lines other than those shown on the drawing are encountered, and in the opinion of the Department revision of the line is necessary for the construction of the project, the contractor will be reimbursed for the extra cost of the crossing or revision provided the utility can't fix the problem themselves. Any overhead cables, buried cables, conduits or gas mains shown on plans and damaged by the contractor shall be repaired, at his /her expense, to the satisfaction of the Department and of the utility. C. The contractor shall not remove any water or sanitary sewer lines except as directed by the Department or as required by the drawing and specification, and shall adequately brace and protect them from any damage during construction. Any existing water main or sewer main or lateral damaged by the contractor's operations will be repaired by the Owner's maintenance forces at the Contractors expense. The contractor shall notify the Owner immediately after damaging any pipe. The location of utility lines serving individual properties may or may not be shown on the drawings. All plans have been reviewed by the respective owners of the utilities and locations have been verified. If service lines are encountered which are not shown on the plans or are shown in the wrong location, the contractor shall notify the owner of the utility and the Department for relocation of the lines. If the lines are broken or damaged from construction and were not shown or were shown erroneously, the contractor shall not be liable for the cost of repairs. 105.08 - COOPERATION BETWEEN CONTRACTORS: The Owner reserves the right at any time to contract for and perform other or additional work on or near the work covered by the contract. When separate contracts are let within the limits of any one project, each contractor shall conduct his /her work so as to minimize interference with the progress or completion of the work being performed by other contractors. Contractors working on the some project shall cooperate with each other as directed. Each contractor involved shall assume liability, financial or otherwise, in connection with his /her contract and shall protect and save harmless the Owner from any and all damages or claims that may arise because of inconvenience, delay or loss experienced by him /her because of the presence and operations of other contractors working within the limits of the some project. The contractor shall arrange his /her work and shall place and dispose of the materials being used so as to minimize interference with the operations of the other contractors within the limits of the same project. The Contractor shall join their work with that of the others in acceptable manner and shall perform it in proper sequence to that of the others. 105.09 - CONSTRUCTION STAKES, LINES AND GRADES: Unless otherwise shown on plans, the Contractor will set vertical and horizontal controls provided by the Consultant or Department or shown on the construction plans. It shall be the responsibility of the contractor to confer with the Consultant or Department and satisfy himself /herself as to the accuracy of the controls prior to the commencement of work. It shall also be the responsibility of the contractor to protect and maintain those controls and to replace immediately any or all controls should they be damaged or altered in any manner. From these vertical and horizontal controls, the contractor shall layout and stake the project for construction in accordance to construction plans and in a manner that is satisfactory to the Department prior to setting forms or batterboards. From these vertical and horizontal controls, the contractor shall provide competent personnel to layout the project in accordance to construction plans. 105.10 - INSPECTION OF WORD Inspectors employed by the Department will be authorized to inspect all work done and materials furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication or manufacture of the materials to be used. The inspector will not be authorized to alter or waive the provisions of the contract. All materials and each part or detail of the work shall be subject to inspection by the Department. The Department shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the contractor as is required to make a complete and detailed inspection. If the Department requests it, the contractor, at any time before acceptance of the work, shall remove or uncover such portions of the finished work as may be directed. After examination, the contractor shall restore said portions of the work to the standard required by the specifications. Should the work thus exposed or examined prove acceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be paid for as extra work, but should the work so exposed or examined prove unacceptable, the uncovering or removing, and the replacing of covering or making good of the parts removed, will be at the contractor's expense. Any work done or materials used without inspection by the Owner's representative may be ordered removed and replaced at the Contractor's expense. The Department must be notified within twenty -four (24) hours before placement of any concrete, asphalt, or pipe and an inspector must be present during these operations. The inspector will not be authorized to issue instructions contrary to the plans and specifications, or to act as foreman for the contractor. 105.11 - REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK: All work which does not conform to the requirements of the contract will be considered as unacceptable. Unacceptable work, whether the results of poor workmanship, use of defective materials, damage through carelessness, or any other cause, shall be removed immediately and replaced in an acceptable manner. Work done contrary to the instructions of the Department, work done beyond the line shown on the plans, or any extra work done without authority, will be considered as unauthorized and will not be paid for under the provisions of the contract. Work so done may be ordered removed or replaced at the contractor's expense. Upon failure on the part of the contractor to comply with any order of the Department made under the provisions of this article, the Department will have the authority to cause unacceptable work to be remedied or removed and replaced and unauthorized work to be removed and to deduct the costs from any monies due or to become due to the contractor. Any defects in workmanship or materials will be corrected by the CONTRACTOR at no additional expense to the OWNER. Any and all adjustments called to the attention of the CONTRACTOR by the OWNER will be corrected within a reasonable time. The term "reasonable" will be interpreted as being within thirty (301 days or less, unless the OWNER agrees to extend this schedule. 105.12 - LOAD RESTRICTIONS: The contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the project. A special permit will not relieve the contractor of liability for damage which may result from the moving of equipment. The operation of equipment of such weight or so loaded as to cause damage to structures or the roadway or to any other type of construction will not be permitted. Hauling of materials over the base course or surface course under construction shall be limited as directed. No loads will be permitted on a concrete pavement, base or structure before the expiration of the curing period. The contractor shall be responsible for all damage done by his /her hauling equipment. 105.13 - MAINTENANCE DURING CONSTRUCTION: The contractor shall maintain the work during construction and until the project is accepted. This maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and forces to the end that the construction will be kept in satisfactory condition at all times. All cost of maintenance work during construction and before the project is accepted shall be included in the unit prices bid on the various pay items and the contractor will not be paid an additional amount for such work. 105.14 - FAILURE TO MAINTAIN CONSTRUCTION: If the contractor, at any time, fails to comply with the provisions of maintenance, the Department will immediately notify the contractor of such non - compliance. If the contractor fails to remedy unsatisfactory maintenance within 24 hours after receipt of such notice, the Department may immediately proceed to maintain the project, and the entire cost of this maintenance will be deducted from monies due or to become due the contractor on this contract. 105.15 - FINAL INSPECTION: Upon due notice from the contractor of presumptive completion of the entire project, the Department will make an inspection with the contractor. If all construction provided for and contemplated by the contract is found completed to his /her satisfaction, that inspection shall constitute the final inspection. If, however, the inspection discloses any work, in whole or in part, as being unsatisfactory, the Department will give the contractor the necessary instructions for correction of same, and the contractor shall immediately comply with and execute such instructions. Upon correction of the work, another inspection will be made which shall constitute the final inspection provided the work has been satisfactorily completed. SECTION 106 CONTROL OF MATERIAL 106,01 - SOURCE OF SUPPLY AND QUALITY REQUIREMENTS• The materials used on the work shall meet all quality requirements of the contract. In order to expedite the inspection and testing of materials, the contractor shall notify the Department of his /her proposed sources of materials prior to delivery. At the option of the Department, materials may be approved at the source of supply before delivery is started. If it is found after trial that sources of supply for previously approved materials do not produce specified products, the contractor shall furnish materials from other sources. 106,02 - SAMPLES. TESTS, CITED SPECIFICATIONS: All materials will be inspected, tested and accepted by the Department before incorporation in the work. Any work in which untested and unaccepted materials are used without approval or written permission of the Department shall be performed at the contractor's risk and may be considered as unacceptable and unauthorized. All materials required to be tested by a private laboratory shall be approved by the Department. Reports of such tests shall be forwarded to the Department. 106,03 - PLANT INSPECTION: The Department may undertake the inspection of materials at the source. In the event plant inspection is undertaken, the following conditions shall be met: A. The Department shall have the cooperation and assistance of the contractor and the producer with whom (s)he has contracted for materials. B. The Department shall have full entry at all times to such parts of the plant as may concern the manufacture or production of the materials being furnished. C. If required by the Department, the contractor shall arrange for an approved building for the use of the inspector, such building to be located conveniently near the plant, independent of any building used by the material producer. D. Adequate safety measures shall be provided and maintained. It is understood that the Owner reserves the right to retest all materials prior to incorporation into the work which have been tested and accepted at the source of supply after the some have been developed and to reject all materials which, when retested, do not meet the requirements of these specifications. 106.04 - UNACCEPTABLE MATERIALS: All materials not conforming to the requirements of the specification shall be considered as unacceptable and all such materials will be rejected and shall be removed immediately from the site of the work unless otherwise instructed by the Department. No rejected material, the defects of which have not been corrected, shall be used until approval has been given. SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC 107.01 - LAWS TO BE OBSERVED: The contractor shall keep fully informed of all Federal and State laws, all local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner may affect those engaged or employed on the work, or which in any way affect the conduct of the work. The Contractor shall at all times observe and comply with all such laws, ordinances, regulations, orders and decrees; and shall protect and indemnify the Owner and its representatives against any claim or liability arising from or based on the violation of any such law, ordinance, regulations, order, or decree, whether by himself /herself or his /her employees. 107.02 - PATENTED DEVICES. MATERIALS AND PROCESSES: If the contractor employs any design, device, material, or process covered by letters of patent or copyright, they shall provide for such use by suitable legal agreement with the patentee or owner. The contractor and the surety shall indemnify and save harmless the Owner, any affected third party from any and all claims for infringement by reason of the use of any such patented design, device, material, or process, or any trademark or copyright, and shall indemnify the Owner for any costs, expenses, and damages which it may be obliged to pay by reason of any infringement, at any time during the prosecution or after the completion of the work. 107.03 - PUBLIC CONVENIENCE AND SAFETY: The contractor shall comply with all applicable Federal, State, and local laws governing safety, health and sanitation. The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions, on his /her own responsibility or as the Department may determine, reasonably necessary to protect property in connection with the performance of the work covered by the contract. Materials stored upon the roadway shall be so placed and the work shall, at all times, be so conducted as to cause no greater obstruction to the traveling public than is considered necessary by the Department. 107.04 - USE OF EXPLOSIVES: When the use of explosives is necessary for the prosecution of the work, the contractor shall exercise the utmost care not to endanger life or property, including new work. The contractor shall be responsible for all damage resulting from the use of explosives. In handling explosives used during the construction of the project, the contractor shall adhere to all Federal and State laws and City ordinances regulating the purchase, transportation, storage, handling and use of such explosives. No blasting shall be done without the approval of the Department. 107.05 - CONTRACTOR'S RESPONSIBILITY FOR WORK: The performance of the contract and the work, as well as the full dollar amount of the contract, is at the risk of the contractor. The contractor shall take all responsibility of the work, and shall bear all losses from any cause whatsoever, including, but not limited to, losses resulting because of the amount or character of the work, or because the nature of the land in or on which the work is done is different from what is assumed or expected, or on account of the weather, floods, fire, windstorm, or other actions of the elements, or any cause or causes whatsoever for which the Owner is not responsible. If the work or any part or parts thereof is destroyed or damaged from any of the aforesaid causes prior to Owner's final acceptance of same, the contractor, at contractor's expense, shall restore the some or remedy the damage. The Consultant or Department will provide necessary datum to begin construction, however, it shall be the responsibility of the Contractor to provide all grade stakes, etc. along with any surveying needed to produce a finished product. The Contractor will be responsible for supplying copies of all field notes gathered in determining grades, etc. during the construction of this project. SECTION 108 PROSECUTION AND PROGRESS 108.01 - ASSIGNMENT AND SUBLETTING OF CONTRACT: A. The contractor shall give his /her personal attention to the fulfillment of this contract, and shall not let, assign, or transfer it or his /his right, title, or interest in or to the same or any part thereof, by attorney or otherwise, or sublet any part of the work to any other person without the previous consent of the Owner in writing. B. Should any subcontractor fail to perform in a satisfactory manner the work undertaken by him /her, his /her subcontract shall be immediately terminated by the contractor upon notice from the Owner. The contractor shall be as fully responsible to the Owner for the acts and omissions of persons directly employed by them, as (s)he is for the acts and omissions of persons directly employed by him /her. Nothing contained in these Project Documents shall create any contractual relationship between any subcontractor and the Owner. 108.02 - TIME AND PROGRESS: A. The work shall be commenced on or after the date of the Notice to Proceed from the Owner. The contractor agrees that the work shall be prosecuted regularly, diligently, and uninterruptedly at a uniform rate of progress so as to insure completion within the number of days stated in the Bid Proposal. It is expressly understood and agreed that the said time for the completion of the work described herein is a reasonable time for the completion of the same. B. The contractor is required to furnish the Department with progress schedules, in a format approved by the Department, setting forth in detail the procedure (s)he proposes to follow, and giving the dates on which (s)he expects to start and to complete separate portions of the work. If at any time, in the opinion of the Department, proper progress is not being maintained, such changes shall be made in the schedule of operations which will satisfy the Department that the work will be completed within the period stated in the proposal. C. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise stated in the Project Documents, all Work shall be performed during regular working hours, and the Contractor will not permit overtime work or the performance of Work on Saturday, Sunday, or any legal holiday without the Owner's written consent (which will not be unreasonably withheld) given after prior written notice to the Engineer. The Contractor Is to compensate the Owner for any charges Incurred by the Owner for the Inspection of the Work outside regular business hours. D. If the contractor shall fail to complete the work within the specified, then the contractor agrees to pay to the Owner, not as penalty, but as liquidated damages for such breach of contract, the sum specified in the Agreement for each day of failure to complete the work after the specified time set forth in the Bid Proposal. The said amount is fixed and agreed upon because of the impracticability and extreme difficulty of fixing and ascertaining the actual damage the Owner would in such event sustain. E. It is further agreed that time is of the essence of each and every portion of this contract and the specifications wherein a definite and certain time is fixed for the performance of any act whatsoever; and where under the contract an allowance of additional time for the completion of any work is made, the new time fixed by such extension shall be of the essence of this contract. F. Should the contractor be delayed in the final completion of the work by any act or neglect of the Owner or Consultant, or of any employees of either, or by strikes, injunctions, fire, or other cause or causes outside of and beyond the control of the contractor and which, in the opinion of the Department, could have been neither anticipated nor avoided, then an extension of time sufficient to compensate for the delay, as determined by the Department, shall be granted by the Owner, provided, however, that the contractor shall give the Owner and the Department notice in writing of the cause of the delay in each case within ten (10) days after the delay. G. Time extensions may be granted for unusually inclement weather occurring more often than anticipated at the project location during any given month. Anticipated weather delays (days) included in the contract period at time of award are based on the following: Monthly Anticipated Adverse Weather Delay Work Days Based on Five (5) Day Work Week JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 10 6 8 6 6 4 3 3 6 5 3 6 The contractors progress schedule must include these anticipated adverse weather delays in all weather - dependent activities. Time extensions to the contract period will be granted only under the following conditions. The delay has been documented with Owner in a timely manner and Owner agrees that the delay actually occurred, and 2. The delay affects work in progress and actually causes a delay in project performance. H. Extensions of time will not be granted for delays caused by inadequate or insufficient construction force or the failure of the contractor to place orders for equipment or materials a sufficient time in advance to insure delivery when needed. Any extension of time by the Owner shall not release the contractor and surety herein from the payment of liquidated damages for a period of time not included in the original contract or the time extension as herein provided. I. Failure to complete project within specified time, as set forth in this contract, may be grounds for disqualification for future consideration for contracts with the City of Owasso. 108.03 - CHARACTER OF WORKERS, METHODS AND EQUIPMENT: The contractor shall at all times employ sufficient labor and equipment for prosecuting the several classes of work to full completion in the manner and time required by these specifications. All workers shall have sufficient skill and experience to perform properly the work assigned to them. Workers engaged in special work or skilled work shall have sufficient experiences in such work and in the operation of the equipment required to perform all work properly and satisfactorily. Any person employed by the contractor or by any subcontractor who does not perform his /her work in a proper and skillful manner or is intemperate or disorderly shall, at the written request of the Department, be removed forthwith by the contractor or subcontractor employing such person, and shall not be employed again in any portion of the work without the approval of the Department. Should the contractor fail to remove such person or persons as required above, or fail to furnish suitable and sufficient personnel for the proper prosecution of the work, the Department may suspend the work by written notice until such orders are complied with. 108.04 - LIMITATION OF OPERATIONS: The contractor shall conduct the work at all times in such a manner and sequence to the satisfaction of the Department. (S)he shall not open up work to the prejudice or detriment of work already started. The Department may require the contractor to finish a section on which work is in progress before work is started on any additional sections if the opening of such section is in the public interest or welfare. 108.05 - CONTRACTOR'S RIGHT OF PROTEST: If the contractor considers any work demanded of him /her to be outside the requirements of the contract, or considers any record or ruling of the Department to be unfair, (s)he shall, immediately upon such work being demanded or such record or ruling being made, ask for written instructions or decisions, whereupon (s)he shall proceed without delay to perform the work or to conform to the record or ruling. Within ten (10) days after the date of receipt of written instructions or decisions, (s)he shall file a written protest with the Department, stating clearly and in detail the basis of his /her objections. Except for such protest and objections as are made of record in the manner herein specified and within the time stated, the records, rulings, instructions, or decision of the Department shall be final and conclusive. 108.06 - RIGHT OF OWNER TO TERMINATE CONTRACT If the work to be done under this contract shall be abandoned by the contractor, or if this contract shall be assigned by him /her otherwise than as herein provided, or if the contractor should be adjudged as bankrupt, or if a general assignment of his /her assets be made for the benefit of his creditors, or a receiver should be appointed for the contractor or any of his /her property: or if at any time the Department shall certify in writing that the performance of the work under this contract is being unnecessarily delayed, or that the contractor is willfully violating any of the conditions or covenants of this contract or the specifications therefore, or that (s)he is executing the some in bad faith or otherwise not in accordance with the terms of this contract; or if the work be not substantially completed within the time named for its completion, or within the time to which such completion date may be extended then the Owner may serve written notice upon the contractor and his /her surety of said Owner's intention to terminate this contract, and unless within five (5) days after the serving of such notice upon the contractor a satisfactory arrangement is made for the continuance thereof, this contract shall cease and terminate. In the event of such termination, the Owner shall immediately serve notice thereof upon the surety and contractor, and the surety shall have the right to take over and complete the work, provided, however, that if the surety does not commence performance thereof within thirty (30) days from the date of said notice of termination, the Owner may take over the work and prosecute same to completion, by contract, or otherwise for the account and at the expense of the contractor, and the contractor and his /her surety shall be liable to the Owner for any and all cost sustained by the Owner by reason of such prosecution and completion. In such event the Owner may take possession of, and utilize in completing the work, all such materials, equipment, tools and plant as may be on the site of the work and necessary therefore. 108.07 - FINAL ACCEPTANCE: It shall be the duty of the Department to determine when the work is completed and the contract fulfilled, and to recommend its acceptance by the Owner. The work therein specified to be performed shall not be considered finally accepted until all the work has been accepted by the City of Owasso and /or Owasso Public Works Authority. SECTION 109 MEASUREMENT AND PAYMENT 109.01 - PAYMENT FOR CONTRACTOR'S PLANT AND MISCELLANEOUS ITEMS: For providing plant, tools, and equipment; for furnishing, erecting, maintaining and removing the construction plant, construction roads, camps, sanitary convenience, temporary water supply, de- watering and other temporary works; for furnishing insurance, bonds, drawings, records, payment of fees, defense of suits, and any all incidental requirements, whether or not they are enumerated in this paragraph, the contractor shall receive no direct payment. Compensation for them shall be considered as having been included in the prices stipulated for the bid items, the payment for which, calculated in the manner specified, shall constitute the total compensation due contractor for the performance of this contract. 109.02 - METHOD OF MEASUREMENT AND BASIS OF PAYMENT FOR ITEMS OF WORK: The contractor shall be paid for all work performed under the contract based on the Department's computations of as -built quantities and the contractor's unit price or lump sum per bid item. This payment shall be full compensation for furnishing all supplies, materials, tools, equipment, transportation, and labor required to do the work; for all loss or damage, because of the nature of the work, from the action of the elements or from any unforeseen obstruction or difficulty which may be encountered in the prosecution of the work, and for which payment is not specifically provided; for all expenses incurred by or because of any suspension or discontinuance of all or any part of the work; and for well and faithfully completing the work according to the Project Documents and the requirements of the Department. 109.03 - PAYMENTS: If the work is progressing in a satisfactory manner the Contractor shall prepare an estimate for partial payment per EXHIBIT "B" deadlines of the work completed, provided said payment is not less than $1,000.00. An estimate for partial payment shall include items actually incorporated in the work. The Owner will retain ten percent (10 %) of the amount due until in excess of fifty percent (50 %) of the contract has been completed. At that time, Owner shall pay an amount sufficient to increase total payments to ninety -five (95 %) of the contract price until the final completion and acceptance of all work included in this contract. Partial payment does not constitute acceptance of that portion of the work. Owner has complete responsibility for payment review and approval during construction. The Contractor's application for progress payments will be made on the form presented as Exhibit "A" of the Agreement and they will be submitted in accordance with the payment schedule presented as Exhibit "B" of the Agreement. When the work has been completed, the Department shall carefully measure and determine the as -built quantities of each class of work as shown in the schedule of bid items and such extra work performed by order of the Department. The aggregate cost of the work done and the materials furnished shall constitute the amount due for the completed work. All prior estimates and payments shall be subject to correction in the final estimate and payment. 109.04- EXTRA WORK: A. When and as ordered in writing by the Department, the contractor shall do any work or furnish any materials which cannot reasonably be classified under any of the items of the contract but which may be found necessary in order to carry out and complete more fully the work herein agreed to be done and performed; and the contractor hereby agrees to accept, as full compensation for such extra work, lump sums or unit prices agreed upon in writing before said work is commenced. B. Whenever, in the judgment of the Department, it is impracticable because of the nature of the work or for any other reason to agree upon lump sums or unit prices, the extra work and materials shall be paid for at actual necessary cost as determined by the Department, plus fifteen percent (15 %), which fifteen percent (15 %) is hereby understood and agreed to Include all cost of general superintendence, general expense, overhead, and profit. The actual necessary cost will include expenditures for material, labor, foremen, insurance, bond premiums, social security, and supplies furnished by the contractor, and a rental allowance for equipment, where required, to be agreed upon in writing before the work is begun, but will, in no case, include any allowance for office expense, general superintendence or other general expense. C. The contractor shall, on or before the tenth day of the month succeeding that in which any extra work shall have been performed, file with the Department an account giving the itemized cost of such extra work, and shall give the Department access to all accounts, bills, and vouchers relating thereto. In case the contractor fails to file, within the time above mentioned, such accounts for extra work, (s)he will be deemed to have performed such extra work without charge and shall be entitled to no compensation therefore. D. The contractor shall file with the Department, certified lists in duplicate, of any equipment and the schedule of pay rates for common and semi- skilled labor and operators of various classes which are intended to be used in performing the work covered by this contract. These rates shall be subject to approval of the Department for computation of extra work as mentioned above, however, if the contractor fails to file these lists with the Department prior to starting any work covered by contract, then the Department's computations shall be based on average wages and rates paid on City work. 109.05 - PAYMENT OR ACCEPTANCE NOT A WAIVER BY OWNER: Neither acceptance by the Owner or the Department, or any employee of either, nor any order by the Owner for payment of money, or the payment thereof, nor any taking of possession by Owner, nor the granting of any extension of time, shall operate as a waiver of any rights or powers of Owner hereunder, and in the event that after the work hereunder has been accepted and final payment made, it should be discovered that any part of this contract has not been fully performed or has been done in a faulty or improper manner, the contractor shall immediately remedy such defect, or in the event of neglect to do so within a reasonable time after notice thereof, shall be liable for the damage caused thereby, as Owner may elect. The acceptance of the work or final payment therefore shall be no bar to suit against the contractor or surety, or both. 109.06 - CONTRACTOR'S OBLIGATION AFTER ACCEPTANCE: Contractor further agrees without cost other than is specially provided for in this contract, at any and all times during the guaranty period following the completion and final acceptance of the work embraced in this contract, without notice from Owner, to refill all trenches or ditches that may sink or settle: and to repair all breaks or failures that may occur in the construction work due to defective material or workmanship; and to indemnify, save harmless and defend Owner from any and all suits and actions of every description brought against the Owner for, or on account of injuries or damages alleged to have been received or sustained by any party or parties by reason of, or arising out of the failure of contractor to refill all trenches or ditches; and to repair all breaks or failures of said construction work, which said injuries or damages are alleged to have been received during the guaranty period from the final acceptance of the work hereunder: and to pay any and all judgments that might be rendered against the Owner in any suits and actions, together with such expenses or attorney's fees expended or incurred by the Owner in the defense thereof. 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 Project Documents have been signed by OWNER and CONTRACTOR. This Agreement will be effective on June 15 2021 OWNER: CONTRACTOR: By By — Bill Bush, Mayor (SEAL) (SEAL) ATTEST: Juliann M. Stevens, City Clerk Title APPROVED AS TO FORM & CONTENT: Julie Trout Lombardi, City Attorney Address for giving notices: 200 S. Main Owasso. OK 74055 Title SECTION 8 • CERTIFICATE OF NON DISCRIMINATION In connection with the performance of work under this contract, the CONTRACTOR agrees as follows: A. The CONTRACTOR agrees not to discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, or ancestry. The CONTRACTOR shall take affirmative action to insure that employees are treated without regard to their race, creed, color, sex, national origin, or ancestry. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruiting or recruitment, advertising, layoff, or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. The CONTRACTOR and Subcontractor shall agree to post in a conspicuous place, available to employees and applicants for employment, notices to be provided by the City of Owasso setting forth provisions in this section. B. In the event of the CONTRACTOR's non - compliance with this non- discrimination clause, the contract may be canceled or terminated by the CITY OF OWASSO. The CONTRACTOR may be declared by the CITY OF OWASSO ineligible for further contracts with the said agency until satisfactory proof of intent to comply shall be made by the CONTRACTOR. C. The CONTRACTOR agrees to include this non - discrimination clause in any subcontracts connected with the performooemsif this agreement. I have read the above stated clause and Clinton W. Redwine, President ATT Paft,'Deriblisweiler, Corp Secretary DATE: JunA 3rd 9021 SECTION 6 — NON COLLUSION BID AFFIDAVIT A. For the purpose of competitive bids, I certify: I . I am the duly authorized agent of MagnUm Construction. Inc , the bidder submitting the competitive bid which is attached to this statement, for the purpose of certifying the facts pertaining to the existence of collusion among bidders and between bidders and state officials or employees, as well as facts pertaining to the giving or offering of things of value to government personnel in return for special consideration in the letting of any contract pursuant to the bid to which this statement is attached; 2. 1 am fully aware of the facts and circumstances surrounding the making of the bid to which this statement is attached and have been personally and directly involved in the proceedings leading to the submission of such bid: and 3. Neither the bidder nor anyone subject to the bidder's direction or control has been a party: a. to any collusion among bidders in restraint of freedom of competition by agreement to bid at a fixed price or 10 refrain from bidding, b. to any collusion with any state /municipal official or employee as to quantity, quality or price in the prospective contract, or as to any other terms of such prospective contract, c. In any discussion between bidders and any state official concerning exchange of money or other thing of value for special consideration in the lettering of a contract, nor d. to any collusion with any state agency or political subdivision official or employee as to create a sole- source acquisition in contradiction to Section 85.459.1 of Title 74 B. I certify, if awarded the contract, whether competitively bid or not, neither the contractor nor anyone subject to the contractor's direction or control has paid, given or donated or agreed to pay, give or donate to any officer or employee of the State of Oklahoma or the City of Owasso any money or other thing of value, eiqrindire ctly in procuring the contract to which this statement is attached. I am the agent authorized by the bidder to submit the Non it a d aLch.d bid. W. Redwine, President STATE OF Oklahoma COUNTY OF Subsc 1 and sworn before me this 3rd day of June 209 Commission# MISTINEUFELD Expiration: PUBLIC- STATE OF OKLAHOMA EXPIRES APRIL 07,2022 COMMISSION #14003326 A. BUSINESS RELATIONSHIP AFFIDAVIT STATE OF Oklahoma ) SS COUNTY OF Tulsa ) r inton W_ Redwine , of lawful age, being first duly sworn, on oath says that (s) he is the agent authorized by the bidder to submit the attached bid. Affiant further states that the nature of any partnership, joint venture, or other business relationship presently in effect or which existed within one (1) year prior to the date of this statement with the Owner, Department, Consultant, or other party to the project is as follows: None Affiant further states that any such business relationship presently in effect or which existed within one (1) year prior to the date of this statement between any officer or director of the bidding company and any officer or director of the Owner, Department, Consultant, or other party to the project is as follows: None Affiant further states that the names of all persons having any such business relationships and the position they hold with their respective companies or firms are as follows: None (If none of the business relationships state.) Name affiant should so Subscribed and sworn to before me this 3rd day of .tune , 2021 _. MIS TI NOTARY PUBLIC• STATEOFOKLAHOMA NEUFELD (SEAL) MY COMMISS)QN EXPIRES APRIL 07, 2022 COMMISSIONC4003326 My Commission Expires: TO: The Honorable Mayor and City Council FROM: Roger Stevens Public Works Director SUBJECT: Interlocal Agreement —North 137th East Avenue Service Road Extension DATE: June 11, 2021 BACKGROUND: During the June 1, 2021, staff presentation to the City Council to award the construction bid for the North 137th East Avenue Service Road Extension from Highway 20 to East 118th Street North, staff advised that an agreement with Tulsa County would be forthcoming for installation of the asphalt portion of the project. AGREEMENT: In order to formalize responsibilities an Agreement has been drafted with Tulsa Board of County Commissioners that includes the following: • The County is responsible to install the aphalt pavement, on the subgrade provided by others located on North 137th East Avenue Service Road Extension, The City and others shall provide all the necessary easements, and traffic control and materials used for the project. County has no obligations to provide any materials. • The County shal provide the necessary labor and equipment to complete the project. It is also important to mention, staff will propose to purchase the aphalt material needed for this project to City Council at a future meeting. RECOMMENDATION: Staff recommends approval of the Interlocal Agreement Board of County Commissioners for the North 137th East authorization to execute all necessary documents. ATTACHMENTS: Agreement Site Map between City of Owasso and Tulsa Avenue Service Road Extension and EXTENSION THIS AGREEMENT, by and between the Board of County Commissioners hereinafter called "County" and the City of Owasso, 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, the County is desirous of participating in projects and the provision of services mutually advantageous to the County and other units of government; THEREFORE, in consideration of the covenants and conditions hereinafter contained, the parties hereto agree as follows: 1. Subject to annual fiscal appropriations, the duration of this Agreement shall be from the date of execution of this Agreement until the project is complete. 2. The purpose of this Agreement shall be to provide asphalt installation as agreed upon by the City and the County, on the subgrade located on North 137th East Avenue Service Road Extension. 3. The City and others shall provide all the necessary easements, and traffic control and materials used for the project. County has no obligations to provide any materials. 4. The County shall provide the necessary labor and equipment to complete the project. 5. 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. 6. 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. Approved by the Owasso City Council on the 15th day of June, 2021. ATTEST: Juliann M. Stevens, City Clerk APPROVED AS TO FORM: M Julie Lombardi, City Attorney Fain CITY OF OWASSO, OKLAHOMA Bill Bush, Mayor Approved by ATTEST: the Board of County Commissioners on the day of 2021. Michael Willis, County Clerk APPROVED AS TO FORM: go Asst. District Attorney BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF TULSA 32 Stan Sallee, Chairman North 137th East Avenue Service Road Extension TO: The Honorable Mayor and City Council FROM: Chelsea Levo Feary, CEcD Director of Economic Development SUBJECT: Resolution 2021 -10, Amendment to Owasso Tax Increment Financing District No. 1 Policy Guide DATE: June 11, 2021 BACKGROUND: On April 4, 2017, the Owasso City Council approved Resolution 2017 -01, approving the Policy Guide for the implementation of the Owasso Redbud District Project Plan and District No. 1 and the formula for determining the sales tax increments generated from the Increment District. The purpose of the Project Plan is to help the City achieve development objectives by authorizing the appropriate and necessary public support and assistance for development while enhancing the area. Development areas qualified to utilize TIF are by definition, "unproductive, undeveloped, underdeveloped, or blighted." Owasso's downtown area met this definition. City Council's action to implement the Redbud District Project Plan and Increment District No. 1 was instrumental in launching the area toward redeveloping and revitalizing Owasso's downtown. Since approval of the Tax Increment Finance (TIF), two local developers have invested over $16 million, existing businesses have experienced increased revenues, and the City constructed a $2.3 million festival park creating a space for events, gatherings, recreation, and more. In the past eighteen (18) months, interest in development in the Redbud District has decelerated. Due to the public health emergency posed by the spread of COVID -19 throughout Oklahoma and the countermeasures and restrictions put in place to manage that emergency, developers, and development projects have experienced delays. Additionally, the construction of Redbud Festival Park has also contributed to those delays in development projects. PROPOSED RESOLUTION FOR AMENDING THE PROJECT PLAN: In the interest of continuing to attract development projects in Owasso's Redbud District, it would be consistent with the purpose and objectives of the Owasso Redbud District Project Plan to extend the dates of completion of construction relevant to Development Project Assistance in Section III(A) (5) of the Policy Guide by a period of two (2) years to account for these delays and to promote the continued implementation of the Project Plan and development within the Project Area. Section Four of Resolution 2017 -01, approving the project plan, granted City staff authority to take necessary or appropriate actions, including minor amendments and revisions to the Policy Guide for City Council approval. The two -year extensions are proposed in the attached Resolution. For projects completed by June 30, 2023, (currently June 30, 2021,) the maximum amount of assistance in development financing that the developer may receive is 1217o of hard costs of the construction of improvements on the developer's property. For projects completed between July 1, 2023 (currently July 1, 2021) and June 30, 2027, (currently June 30, 2025) the maximum amount of Amendment TIF Page 2 assistance in development financing that the developer may receive is 10% of hard costs of the construction of improvements on the developer's property. For projects completed between July 1, 2027, (currently July 1, 2025) and June 30, 2031, (currently June 30, 2029) the maximum amount of assistance in development financing that the developer may receive is 8% of hard costs of the construction of improvements on the developer's property. For projects completed after June 30, 2031, (currently June 30, 2029) through the end of the life of the Increment District, the maximum amount of assistance in development financing that the developer may receive is 6% of hard costs of the construction of improvements on the developer's property. The issuance of a Certificate of Occupancy by the City shall determine project completion. Project Completion iUF;e o_o21ono l June 30, 2023 .o,.,e 3^2^=3 Re , ao ms^ - 2929 June 30, 2031 End of Increment District June 30, 2027 Percentage of Construction Costs 12% 10% 8% 6% CENTER FOR ECONOMIC DEVELOPMENT LAW (CEDL): This amendment was presented to the City Council for discussion during the June Worksession. Based on Councilor inquiry, staff consulted with CEDL, the firm who worked with City staff to draft the legal documentation to establish Owasso's Increment District No. 1. Their recommendation for the most positive impact on development following hardships incurred by the COVID -19 pandemic is to advance all project completion dates by two years. ATTACHMENTS: Resolution 2021 -10 Resolution 2017 -01 Owasso Redbud District and Increment District No. 1 Policy Guide CITY OF OWASSO RESOLUTION 2021 -10 A RESOLUTION OF THE CITY OF OWASSO, OKLAHOMA, APPROVING AN AMENDMENT TO THE POLICY GUIDE FOR IMPLEMENTATION OF THE OWASSO REDBUD DISTRICT PROJECT PLAN AND INCREMENT DISTRICT NO. 1, CITY OF OWASSO WHEREAS, the City of Owasso, Oklahoma ( "City "), pursuant to the Oklahoma Local Development Act, 62 O.S. §850, of seq. ( "Act "), adopted Ordinance 1093, effective December 20, 2016, approving the Owasso Redbud District Project Plan ( "Project Plan ") and establishing Increment District No. 1, City of Owasso, a sales tax and ad valorem increment district ( "Increment District "); and WHEREAS, the purpose of the Project Plan is to help the City achieve its development objectives by authorizing the appropriate and necessary public support and assistance for the development and enhancement of the area surrounding Main Street, known as the Redbud District ( "Project Area "), as a special and unique place within Owasso, a place to live, work, shop, and play; and WHEREAS, the Project Plan supports the City's efforts to achieve its development objectives, improve the quality of life for its citizens, stimulate private investment, and enhance the tax base, thereby making possible investment that would be difficult without the adoption of the Project Plan and the apportionment of incremental ad valorem and sales tax revenues; and WHEREAS, the Project Plan authorizes the allocation of incremental revenues to an apportionment fund to be used to pay authorized Project Costs, including public infrastructure, facilities, and improvements, and assistance in development financing; and WHEREAS, in order to provide guidance regarding the allocation of assistance in development financing authorized by the Project Plan, the City approved Resolution 2017 -01 on April 4, 2017, adopting the Policy Guide for the implementation of the Project Plan and Increment District No. 1; and WHEREAS, the Policy Guide details the procedures and requirements for providing assistance in development financing through three categories of such assistance, including Development Project Assistance, Small Business Enhancements, and Employment generation Assistance (all as defined in the Policy Guide); and WHEREAS, the Policy Guide explains that financial assistance under the Development Project Assistance category may be available at varying levels for projects, depending on the amount of construction costs, based on the date of completion of such projects; and WHEREAS, the Policy Guide in Section III(A) (5) specifically states the following: 1. For projects completed by June 30, 2021, the maximum amount of assistance in development financing that a developer may receive is 12% of hard costs of construction of improvements on such developer's property. 2. For projects completed between July 1, 2021 and June 30, 2025, the maximum amount of assistance in development financing that a developer may receive is 10% of hard costs of construction of improvements on such developer's property. 1 3. For projects completed between July 1, 2025 and June 30, 2029, the amount of assistance in development financing that a developer may receive is 8% of hard costs of construction of improvements on such developer's property. 4. For projects completed after June 30, 2029 through the end of the life of Increment District No. 1, the amount of assistance in development financing that a developer may receive is 6% of hard costs of construction of improvements on such developer's property. WHEREAS, many developers within the Project Area have experienced delays due to the public health emergency posed by the spread of COVID -19 throughout Oklahoma and the countermeasures and restrictions put in place in order to manage that emergency; and WHEREAS, the construction of Redbud Festival Park within the Project Area has also contributed to delays in development projects immediately surrounding it; and WHEREAS, it is appropriate to extend the dates of completion of construction relevant to Development Project Assistance in Section III(A)(5) of the Policy Guide by a period of two years to account for these delays and to promote the continued implementation of the Project Plan and development within the Project Area; and WHEREAS, the City hereby finds that the amendment to the Policy Guide contained in Section One of this Resolution immediately below is appropriate, desirable, should be approved and utilized by City staff for the continued implementation of the Project Plan and Increment District No. 1. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF OWASSO, THAT: Section One: Section III (A) (5) of the Policy Guide is hereby amended to read as follows: For projects completed by June 30, 2023, the maximum amount of assistance in development financing that the developer may receive is 12% of hard costs of the construction of improvements on the developer's property. For projects completed between July 1, 2023 and June 30, 2027, the maximum amount of assistance in development financing that the developer may receive is 10% of hard costs of the construction of improvements on the developer's property. For projects completed between July 1, 2027 and June 30, 2031, the maximum amount of assistance in development financing that the developer may receive is 8% of hard costs of the construction of improvements on the developer's property. For projects completed after June 30, 2031 through the end of the life of the Increment District, the maximum amount of assistance in development financing that the developer may receive is 6% of hard costs of the construction of improvements on the developer's properly. The issuance of a Certificate of Occupancy by the City shall determine project completion. Project June 30, 2023 June 30, 2027 June 30, 2031 End of Completion Increment District Percentage of 12% 10% 8% 6% Construction Costs 2 Section Two: City staff is further directed to utilize the Policy Guide as hereby amended for the implementation of the Project Plan and Increment District No. 1. Section Three: Except as amended by this Resolution, the Policy Guide and the authorizations and directions made by Resolution 2017 -01 are ratified and confirmed. Section Four: City staff is hereby authorized to take such actions as may be necessary or appropriate, including making minor amendments and revisions to the Policy Guide, as amended by this Resolution, applications, and forms for administrative purposes, to implement this approval and the provisions of the Policy Guide, as amended. ATTEST: Juliann M. Stevens, City Clerk (SEAL) APPROVED AS TO FORM: Julie Lombardi, City Attorney PASSED AND APPROVED this 15th day of June, 2021. Bill Bush, Mayor CITY OF OWASSO RESOLUTION 2017 -01 A RESOLUTION OF THE CITY OF OWASSO, OKLAHOMA, APPROVING THE POLICY GUIDE FOR IMPLEMENTATION OF THE OWASSO REDBUD DISTRICT PROJECT PLAN AND INCREMENT DISTRICT NO. 1, CITY OF OWASSO WHEREAS, the City of Owasso, Oklahoma ( "City "), pursuant to the Oklahoma Local Development Act, 62 O.S. §850, et seq. ( "Act "), adopted Ordinance 1093, effective December 20, 2016, approving the Owasso Redbud District Project Plan ( "Project Plan ") and establishing Increment District No. 1, City of Owasso, a sales tax and ad valorem increment district ( "Increment District "); and WHEREAS, the purpose of the Project Plan is to help the City achieve its development objectives by authorizing the appropriate and necessary public support and assistance for the development and enhancement of the area surrounding Main Street, known as the Redbud District, as a special and unique place within Owasso, a place to live, work, shop, and play ( "Project "); and WHEREAS, the Project Plan supports the City's efforts to achieve its development objectives, improve the quality of life for its citizens, stimulate private investment, and enhance the tax base, thereby making possible investment that would be difficult without the adoption of the Project Plan and the apportionment of incremental ad valorem and sales tax revenues; and WHEREAS, the Project Plan authorizes the allocation of incremental revenues to an apportionment fund to be used to pay authorized Project Costs, including public infrastructure, facilities, and improvements, and assistance in development financing; and WHEREAS, in order to provide guidance regarding the allocation of assistance in development financing authorized by the Project Plan, it is appropriate and desirable to have an implementation document that describes general guidelines for such allocations; and WHEREAS, City staff and its consultants have created such implementation document entitled Policy Guide; and WHEREAS, the City hereby finds that the proposed Policy Guide is appropriate, desirable, should be approved, and utilized by City staff for the implementation of the Project Plan and Increment District No. 1. THAT: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF OWASSO, Section One: The Policy Guide is hereby approved and City staff is hereby directed to utilize the Policy Guide for the implementation of the Project Plan and Increment District No. 1. Section Two: Consistent with the Policy Guide, City staff is hereby authorized to accept and review applications for assistance in development financing submitted pursuant to the Policy Guide and to take such other actions as may be necessary or appropriate to analyze such applications. Section Three: City staff is hereby directed to negotiate the terms of development agreements consistent with the Policy Guide based upon submitted applications and to submit such development agreements to the Owasso Public Works Authority for consideration and approval, as appropriate. Section Four: City staff is hereby authorized to take such actions as may be necessary or appropriate, including making minor amendments and revisions to the Policy Guide, applications, and forms for administrative purposes, to implement this approval and the provisions of the Policy Guide. PASSED AND APPROVED this 41h day of April, 2017 (SEAL) " SMAL Sherry BishopVCity Clerk APPROVED AS TO FORM: Jullombardi, City Attorney- 2 lylaell 6unn, Mayor Approved April 4, 2017 POLICY GUIDE For the Implementation of the OWASSO REDBUD DISTRICT PROJECT PLAN INCREMENT DISTRICT NO. 1, CITY OF OWASSO PREPARED BY: THE CITY OF OWASSO, OKLAHOMA POLICY GUIDE I. Introduction The City of Owasso, Oklahoma ( "City "), consistent with the Oklahoma Local Development Act, 62 O.S. §850, et seq., on December 20, 2016, through the adoption of Ordinance 1093, approved the Owasso Redbud District Project Plan ( "Project Plan ") and established Increment District No. 1, City of Owasso ( "Increment District "). The goal of the Project Plan is to develop the area surrounding Main Street, known as the Redbud District, achieve the City's development objectives, improve the quality of life for its citizens, stimulate private investment, and enhance the tax base. The Increment District allows the City to support public and private projects using incremental growth in property and sales taxes. The Project Plan authorizes the allocation of incremental revenues to a special fund to be used to pay authorized Project Costs, including public infrastructure, facilities, and improvements, and assistance in development financing. The Project Plan defines the boundaries of the Project Area and the Increment District. The Increment District is the area where incremental revenues generated by new development are collected. The Project Area is the area where those incremental revenues can be spent. The Project Area and Increment District are coextensive and are depicted in Exhibit A. This Policy Guide outlines the goals and objectives of the Project Plan and Increment District, and describes generally how assistance in development financing may be provided by allocation of tax increment revenues to assist development projects, small businesses, and job generation projects. Nothing contained in this Policy Guide binds or obligates the City or the Owasso Public Works Authority (OPWA). Should the provisions of a development agreement or contract approved by the City Council or the OPWA deviate from the provisions of the Policy Guide, the development agreement or contract will control. H. Objectives of the Project Plan The goal of the Project Plan is to encourage development of the City's original downtown, now known as the Redbud District, into a special and unique place within the City; a place for residents and visitors to live, work, shop, and play. The Increment District will support public and private projects. The City's objectives include: • Achieve the development goals and objectives for the Redbud District contained in the Downtown Master Plan, the Downtown Overlay District Plan, and the GrOwasso 2030 Land Use Master Plan. • To preserve and enhance the tax base and make possible investment, development, and economic growth that would otherwise be difficult without the project and the apportionment of incremental ad valorem and sales tax revenues. • To support the creation of attractive, high - quality, and viable mixed -use developments to draw residents and visitors. 1 • Where appropriate, to support the development, improvement, and /or expansion of light industry to increase employment. • To encourage existing property and business owners in the Redbud District to invest, and to attract new investment and business to the Project Area. • To provide start -up and incubator space to new and expanding businesses and to promote small- business - friendly opportunities for innovation and collaboration in the Project Area. • To stimulate and promote the Redbud District as a walkable, vibrant destination. • To provide a public benefit through the construction of public infrastructure and improvements to allow for development to occur in the area. All ad valorem and sales tax increment generated in the Increment District is available to (1) reimburse the City or other public entities for expenditures made towards Public Infrastructure, Facilities, and Improvements, (2) provide assistance in development financing through Development Project Assistance, Small Business Enhancements, and Employment Generation Assistance, and (3) pay Implementation and Administration. The City has a strong preference for utilizing incremental revenues for public infrastructure and improvements, including those aspects of private developments that provide a public benefit through the creation or enhancement of the public space, building facade, or street front presence, and encouragement of walkability and access throughout the Project Area. III. Assistance in Development Financing There are three eligible categories of assistance in development financing: (A) Development Project Assistance, (B) Small Business Enhancements, and (C) Employment Generation Assistance. Assistance in development financing is not available for the development of single - family homes or for entities seeking assistance related to a property that is exempt from paying property taxes. A. Development Project Assistance 1. Development Project Assistance may be available to a developer proposing to develop on vacant property within the Increment District or significantly renovate or rehabilitate an existing structure on property within the Increment District. To be considered for Development Project Assistance, such investment must be in an amount of more than $200,000.00 based upon the hard costs of the construction of the improvements. The developer must own the property that it is seeking to develop or renovate. To be eligible for Development Project Assistance, projects must follow design and density standards as adopted by the City in the Downtown Overlay District Plan, attached as Exhibit B. N 2. A developer seeking Development Project Assistance must submit an application to an Application Review Committee, made up of representatives of the following: the City Manager's Office, the Finance Department, the Economic Development Department, the City Attorney's Office, and the Community Development Department. The form of application is included here as Exhibit C. The Application Review Committee will review the application for compatibility with the Project Plan and the Downtown Overlay District Plan, evaluate the qualifications of the applicant, including financial capacity and experience, and recommend appropriate performance parameters and requirements. 3. Upon recommendation by the Application Review Committee that the proposed development is eligible to receive Development Project Assistance, a development agreement between the applicant and the OPWA will be presented to the applicant. The development agreement will obligate the developer to make ad valorem payments on the property and to meet certain density and design criteria consistent with this Policy Guide and the Downtown Overlay District Plan. The development agreement will detail the incremental revenues available to pay the assistance in development financing and the timeline upon which they will be paid, subject to availability. Upon review and discussion regarding the terms of the development agreement, the development agreement will be provided to the OPWA for its consideration. Upon approval by the OPWA of the development agreement, assistance in development financing will be provided as detailed in the development agreement and described here, provided there is no default under the development agreement. 4. For projects receiving Development Project Assistance with construction costs over $4,000,000, the developer may be required to enter into a covenant imposing a minimum ad valorem payment or payment in lieu of taxes for the life of the Increment District. The minimum ad valorem payment will be based on the hard costs of the construction of improvements. The covenant shall run with the land and shall provide that, should the amount billed by the County Assessor be less than the agreed upon minimum ad valorem payment, such additional amount may be billed by the OPWA. 5. For projects completed by June 30, 2021, the maximum amount of assistance in development financing that the developer may receive is 12% of hard costs of the construction of improvements on the developer's property. For projects completed between July 1, 2021 and June 30, 2025, the maximum amount of assistance in development financing that the developer may receive is 10% of hard costs of the construction of improvements on the developer's property. For projects completed between July 1, 2025 and June 30, 2029, the amount of assistance in development financing that the developer may receive is 8% of hard costs of the construction of improvements on the developer's property. For projects completed after June 30, 2029 through the end of the life of the Increment District, the amount of assistance in development financing that the developer may receive is 6% of hard costs of the construction of C improvements on the developer's property. The issuance of a Certificate of Occupancy by the City shall determine project completion. Project June 30, 2021 June 30, 2025 June 30, 2029 End of Completion Increment District Percentage of 12% 10% 8% 6% Construction Costs 6. The hard costs of the construction of improvements on a project will be determined and verified by the Application Review Committee prior to the payment of any Development Project Assistance. The receipt of Development Project Assistance is conditioned upon the developer's payment of taxes on its property and upon an increase in taxable value of the property. The amount available for Development Project Assistance for a project is limited based on the amount of incremental revenues generated by the project. Development Project Assistance will not be available until the project is completed and incremental revenues generated by the project are received. There is no guarantee of the availability and timing of funds for Development Project Assistance. B. Small Business Enhancements 1. Beginning July 1, 2019, Small Business Enhancements may be available to any retail, restaurant, or personal service small business within the Increment District proposing to enhance the exterior of the structure in which the business is located, provide streetscape improvements, enhance signage or access, or otherwise improve the appearance of the exterior of the business. To be eligible for Small Business Enhancements, projects must follow design and density standards as adopted by the City in the Downtown Overlay District Plan, attached as Exhibit B. 2. A Small Business Enhancement may be provided to assist in improvements and appearances of the physical exterior or.exterior elements of the property where the business is located. Examples of such improvements include, but are not limited to, new or upgraded exterior signage, new exterior paint, art installation, landscape improvements, window orawning improvements, accessibility improvements, streetscape improvements, sidewalk improvements, parking additions or improvements, the installation of an outdoor seating or gathering space, or other visual improvements to the property. A Small Business Enhancement is a 50% match of the cost of the approved improvements. The applicant will be reimbursed by the OPWA at the completion of the approved improvements for 50% of the actual amount expended on the approved improvements. The amount of the reimbursement will not exceed $1500.00. Documentation of all reimbursable expenses related to the improvements and physical confirmation of improvements must be provided before reimbursement occurs. 4 3. A business seeking a Small Business Enhancement must submit an application to an Application Review Committee, made up of representatives of the following: the City Manager's Office, the Finance Department, the Economic Development Department, the City Attorney's Office, and the Community Development Department. The form of application is included here as Exhibit D. The Application Review Committee will review the application for compatibility with the Project Plan and the Downtown Overlay District Plan, evaluate the proposed enhancements, and recommend appropriate performance parameters and requirements. 4. Upon recommendation by the Application Review Committee that the proposed improvement is eligible to receive a Small Business Enhancement, a business enhancement agreement between the applicant and OPWA will be presented to the applicant. The business enhancement agreement will provide for assistance in development financing as authorized by the Project Plan. Upon review and discussions regarding the terms of the business enhancement agreement, the business enhancement agreement will be provided to the OPWA for its consideration. Upon approval by the OPWA of the business enhancement agreement, assistance in development financing will be provided as detailed in the business enhancement agreement and as described here. C. Employment Generation Assistance 1. Employment Generation Assistance maybe available to light industrial businesses in support of the creation or expansion of jobs. Employment Generation Assistance may be available to provide start -up or incubator space to new and expanding businesses to promote small- business - friendly opportunities for innovation and collaboration in the Project Area. The amount of assistance in development financing will be determined based upon several factors, including but not limited to, number of jobs created, need for public assistance, overall private investment, and impacts upon the community. 2. A business seeking Employment Generation Assistance must submit an application to an Application Review Committee, made up of representatives of the following: the City Manager's Office, the Finance Department, the Economic Development Department, the City Attorney's Office, and the Community Development Department. The form of application is included here as Exhibit E. The Application Review Committee will review the application for compatibility with the Project Plan, evaluate the proposed job generation opportunities and impacts on the community, and recommend the amount of assistance in development financing to be provided, as well as appropriate performance parameters and requirements. 3. Upon recommendation by the Application Review Committee that the proposed project is eligible to receive Employment Generation Assistance, an agreement between the applicant and the OPWA will be presented to the applicant. The agreement will provide for 5 assistance in development financing as authorized by the Project Plan. Upon review and discussions regarding the terms of the agreement, the agreement will be provided to the OPWA for its consideration. Upon approval by the OPWA of the agreement, assistance in development financing will be provided as detailed in the agreement and as described here. Employment Generation Assistance will not be available until the agreed upon performance terms in the agreement have been reached. There is no guarantee of the availability and timing of funds for Employment Generation Assistance. IV. Glossary of Terms Terms used throughout this Policy Guide are further defined as follows Assistance in Development Financing — Public funds provided to a developer pursuant to an approved agreement with OPWA to assist in a project. Assistance in Development Financing is provided only for projects that are determined, in the City's and /or OPWA's discretion: (1) to meet the City's approved development goals and objectives for the Project Area, as expressed from time to time in the City's plans and policies, and (2) to provide adequate consideration and public benefit in return for the public investment. Hard Costs of the Construction of Improvements —The actual and direct construction costs of the material, labor, and improvements associated with a development. Such costs exclude developer's fees and other soft costs, including but not limited to architectural, engineering, financing, and legal fees, and other pre- and post- construction fees and expenses. Increment District — The area from which increment is generated. For purposes of the Project Plan, the Increment District and the Project Area are the same. Increment — The ad valorem increment is the ad valorem revenue in excess of the revenue generated by the base assessed value of the Increment District (as determined by the Tulsa County Assessor in accordance with the Oklahoma Local Development Act), i.e., the new revenue attributable to increases in the value of property within the Increment District. The sales tax increment is a portion of the City's sales taxes generated within the Increment District, to be determined by a formula to be approved by resolution of the Owasso City Council in accordance with the Oklahoma Local Development Act. Light Industrial Business — A business that manufactures products for end users. Products may include, but are not limited to, shoes, clothing, furniture, electronics, lights, hardware, and household items. Oklahoma Local Development Act — The law passed by the Oklahoma Legislature to implement Section 6C of Article X of the Oklahoma Constitution, which empowers the governing bodies of cities, towns, and counties to apportion tax increments to help finance the public costs of economic development. 62 O.S. §850, et seq. A Owasso Red bud District Project Plan —The document approved by the City Council of the City of Owasso on December 20, 2016, by the adoption of Ordinance 1093, that established Increment District No. 1, City of Owasso, pursuant to and consistent with the Oklahoma Local Development Act. Project Area —The area within which project activities occur. For purposes of the Project Plan, the Project Area and the Increment District are the same. Small Business —A business that is independently owned and operated by an individual from or entity incorporated in Oklahoma that has fewer than 20 employees (full- or part -time) at the time of the submission of an application seeking a Small Business Enhancement. Start -up or Incubator Space — A below- market rate office available for lease to help create and grow new businesses. Such space may provide common support and services among many businesses in an effort to reduce overhead and operational costs. EXHIBIT A Map of Project Area and Increment District Exhibit A downtown Overlay District Plan SECTION 860.5 DOWNTOWN OVERLAY DISTRICT 860.5.1 GENERAL DESCRIPTION It is the purpose and intent of the Downtown Overlay District to provide enhanced standards to protect and enhance the unique characteristics of the Main Street, 76th St and downtown areas. Overlay Districts may also be used to protect or facilitate a particular design theme established through specific architectural styles or periods, or to protect or facilitate site plan conventions such as setbacks that are both minimums and maximums. 860.5.2. PURPOSE • Encourage sustainable development that will become a long term asset to Owasso. • Promote economic growth and redevelopment of the downtown Owasso area. • Encourage residential development as part of commercial development and to replace blighted properties on the fringe of the downtown area with new and higher- density residential. • Encourage the development of office space through standalone and mixed -usd development. Office space is encouraged at a higher- density and multi -story structures. • Giving special attention to landscaping, buffering, signage, lighting and building setbacks in those districts identified as needing special. attention. • Giving special attention to the existing architectural style or to the style that is planned, so as to create an easily identifiable area in those areas identified as architecturally significant. • Promote the history of Owasso. • Encourage quality, attractive and unique architecture. • Implement the Downtown Development District as described in the 2030 GrOwasso Land Use Master Plan and 2001 Downtown Master Plan. • Create a vibrant arts and entertainment district. • Create an area where development can be accomplished at a higher - density than allowed in any other commercial and residential areas of Owasso. • Attract new businesses and retain small businesses in the downtown area. • Revitalize Main Street and create a true Main Street environment. • Establish regulations that protect the investment of existing and new businesses from unattractive, non - compatible uses. • Ensure the area is visually pleasing, sustainable, and developed in a coordinated fashion. • Ensure a high quality of development that will ultimately generate an economically enhanced and pedestrian friendly area for Owasso. • Follow the principals of the Quality of Life Initiative and the GrOwasso 2030 Land Use Master Plan. • Encourage locally -owned and Made In Oklahoma businesses 860.5.3 DOWNTOWN OVERLAY DESIGNATED A. BOUNDARY MAP The boundaries of the attached map (figure 1) depicts the proposed Downtown Overlay Area. All properties within the depicted boundaries are subject to the rules and regulations within this chapter and the Owasso Zoning Code B. MAP AMENDMENTS No change in the boundary of the Downtown Overlay District shalt be authorized, except by the City Council pursuant to the procedures outlined in Chapter 13, Amendments. 2 Downtown Overlay District Boundaries V = 376 ft Downtown Overlay Map 860.5.4 PERMITTED USES The base zoning districts of properties fully or partially within the designated overlay district shall not be affected except as noted in this chapter. All applicable regulations for use, yard, area, lot dimensions, utility placement, and landscaping shall be those specified for each district, including planned unit development (PUD) stipulations. A. USE RESTRICTIONS 1. In AG districts, only existing agricultural uses shall be permitted to continue and be subject to all applicable standards and regulations in Section 300- 330. No Specific Use Permits shall be issued for any land zoned AG and no new AG uses or businesses shall be allowed. 2. In each zoning district, all uses respective to that district shall be permitted by right or with the issuance of a Specific Use Permit, except for those listed below in Section 860.5.4 (A)4. 3. Allowed Uses. Any by right use or those issued with a Specific Use Permit (SUP) shall be permitted within the Downtown Overlay, unless otherwise restricted in this section. All uses shall be defined by the most recent version of the NAICS (North American Industry Classification System) book. 4. Encouraged Uses: • Retail Uses • Cafes 13 Sidewalk cafes • Restaurants (preferred locally or Oklahoma -owned restaurants) • Pub /Bar Et Grill /Wine Bar • Personal Services (salon, barber shop, florist, health store, etc) • Mixed Use (ground floor retail with offices or residential above) • Office space • Coffee shop • Boutiques • Art gallery • Small theatre or music -venue • Book store • Antique store • Farmers Market • Arts Et Crafts Studios • Yoga /Fitness Studio • Small corner store with basic goods • Bakery /Artisan Foods • Entertainment Venues S. The following By -Right and Specific Use Permit uses shall be prohibited in the Downtown Overlay District. • Industrial Uses except in the IH and IM Zoning District • Any new agricultural uses or businesses Agricultural implement sales Aircraft sales Animal and Poultry Raising Appliance store and repair Arena Auctioneer Auto Rental Auto Sales Auto wash Bait Shop Bindery Boat and Recreational Vehicle sales Bottled Gas Sales Cabinet Maker Camper Sales Casino /Gaming Center Cemetery Cesspool Cleaning Chick hatchery Concrete Construction Service Construction equipment sales Convenience Store Disinfecting Services Drag strip Drive -in theatre Exterminating services Fairgrounds Fence construction company Fuel oil sales Gas Service Station Gas Station Go -kart track Golf Driving range Halfway house Janitorial service Juvenile Delinquency Center Kennel (as primary use) Landfill Lumber yard Mini - storage warehouses (as a primary use) Monument sales Motor vehicle repair and tire shops Motorcycle Sales Oil Well Drilling and Cleaning Establishment Outdoor Kennels (not a part of veterinary or grooming business) Outdoor Recreation including amusement parks Outdoor storage of any kind as the principal use 5 • Plastic material sales • Portable building sales • Portable storage • Power Plant • Pre - Release Center • Race tracks (animal or vehicle) • Sexually - oriented businesses • Shooting range (outdoor) • Taxidermist • Truck rentals • Truck stop • Vending sales and service • Woodworking shop • Wrecker Yards B. NON- CONFORMING USES Non - conforming properties and /or uses, which existed as of the date these regulations became effective, shall be allowed to continue in the same manner after the effective date of these regulations. However, such non - conforming properties and /or uses shall be subject to these regulations if feasible when: 1. A property owner requests any zoning change; 2. The principle use on the property is discontinued for a period of six (6) calendar months; 3. The property is destroyed or significantly altered (60% or greater); 4. Enlargements or improvements are made to the structures on the property that increase the gross square footage by 25% C. EXISTING USES 1. SINGLE FAMILY RESIDENTIAL - The Downtown Overlay shall not affect existing single family residential uses. Said uses may continue to exist in perpetuity until such time as they are redeveloped or rezoned for another use. 2. PREVIOUSLY APPROVED PROJECTS OR DEVELOPMENT - Any project or development that has approved development plans or had plans submitted and under review prior to the effective date of this section shall not be required to comply with these regulations. Previous approvals remain valid unless the approval date lapses or changes are made to previous approvals. This shalt refer to site plans, building plans, Planned Unit Developments or Specific Use Permits submitted prior to the effective date of this section. Said project shall still be required to comply with the zoning regulations in effect at that time. An approved plat shall not constitute approval of a project. The Administrator shall determine if a project meets these criteria. 860.5.5 LANDSCAPE REQUIRMENTS Development and or redevelopment shall comply with Chapter 20 of the Owasso Zoning Code whenever possible. Smaller and unique developments shall provide a landscape plan that shall be approved by the Administrator. 860.5.6 GENERAL REQUIREMENTS A. All development shall follow City of Owasso procedures and requirements described in Section 2, General Provision, except as noted in this Section. B. Architectural details and /or drawings shall be submitted to the Community Development Department at the time of site plan submittal. Architectural plans shall depict architectural details outlined in this Section and consist of: 1. Preliminary renderings or drawings of building elevations plus typical cross sections to clearly define the character of the project and to ensure these provisions are met; and 2. Clearly described exterior building materials to indicate compliance with this Section. The Administrator shalt review the proposed building materials for compliance.. 860.5.7 BUILDING AND SITE DESIGN STANDARDS A. BUILDING ENTRANCE Primary building entrances shall be clearly defined, and shall be recessed or framed by a sheltering element such as an awning, arcade, overhang, or portico (in order to provide weather protection for pedestrians). Public entrances flush with the building wall with no cover are discouraged. Awnings are encouraged. Awning Standards • Awnings for a building fagade shall be of compatible color, took, shape and height. • Canvas or acrylic materials are encouraged. Aluminum, wood, or plastic awnings are prohibited. • The store name may be painted on the awning (subject to review and approval of the administrator). • Awning hardware shall not be visible. • Awnings shall provide vertical clearance of no less than 8 feet above sidewalks. • Awnings are not allowed to overhang over vehicular traffic ways. B. OFF STREET PARKING Off street parking areas are encouraged to be located to the side or rear of buildings or in the interior of a block whenever possible. Properties along Main Street shall be required to have the building located along the front property line. Loading areas shall be located behind the main building and screened in accordance with Chapter 20. All parking lots, drives, aisles and other elements shall comply with Chapter 9 of the Owasso Zoning Code. C. BUILDING SETBACK It is the intent of this chapter to enhance and preserve the character of the overlay by promoting parking area placement to the rear of lots or along the sides of buildings and bring visually pleasing building architecture to the street, therefore building setbacks along public street frontage may be eliminated with a zero (0) foot setback when possible. Provisions for public sidewalks shall always be made. Public spaces for dining and display are encouraged between the building frontages and the public sidewalk, as long as a six (6) foot clear path of travel is maintained at all times. Side setbacks shalt not be required, so long as buildings meet all building codes and fire rating standards. D. OUTDOOR SPACE Outdoor seating areas, fountains, plazas, courtyards and other elements are encouraged to create a unique, interesting and walkable downtown area. E. SIDEWALKS All buildings, parking areas, public spaces, amenity features, and adjoining developments of similar use, shalt be linked with sidewalks. Sidewalks shalt be provided along public streets that provide access to the development. Sidewalks shall be constructed in accordance with the standards for sidewalks are required as set forth in City of Owasso Engineering Standards. EXTERIOR MATERIALS Exterior building materials shall include brick, glass, split -faced concrete block, stone, stucco, synthetic stucco, or cement -board or wood siding. Metal may be used only as accent material, and cumulatively may not exceed ten (10) percent of the area of any individual exterior wall along any public street. Pre - fabricated or engineered metal buildings are not allowed, though metal can be used as a construction material if covered with one of the allowed materials. These provisions shalt not apply to roofs. G. ROOF PITCH Flat roofs and roofs with a pitch of less than 3:12 require a parapet watt. Roofs and screening shalt comply with the regulations set forth in Chapter 20 of the Owasso Zoning Code. Eaves a minimum of one (1) foot from the building face shall profile a pitched roof. Roofing for pitched roofs greater than 6:12 shall be wood, tile, slate, architectural asphalt shingles, or low - reflectivity metal (flat or matte finish). No roof shall cause water to drain or flow directly onto any public way or sidewalk. Rainwater shall be collected and piped into storm drain systems or cisterns. Bio- swales, rain gardens or. other LID technics are highly encouraged. H. ELECTRICAL AND SERVICES EQUIPMENT HVAC and similar types of incidental machinery or equipment shall be screened from view in accordance with Chapter 20. Utility meters, aboveground tanks, satellite dishes and antennas shall also be screened from view. Wall - mounted mechanical equipment that extends six inches (6 ") or less from the outer building wall shalt be designed to blend in with the color and architectural design of the subject building. Unless a waiver is authorized by the City Council, all electrical and telephone tines and wires including, but not limited to, street lighting, shall be placed underground. Feeder and other major transmission tines may remain overhead. All utility installation shalt conform to the City's adopted Technical Standards and Specifications. Alt utility service lines shall be located underground when feasible. This shall not apply to existing uses or single- family homes. WALL ARTICULATION Facades shall have a recognizable "base" consisting of (but not limited to): walls, ledges, sills, integrally textured materials (such as stone or other masonry), integrally colored and patterned materials, or planters. Facades shall also have a recognizable "top" consisting of (but not limited to): cornice treatments with integrally textured materials (other than colored "stripes" or "bands"), sloping roofs (with overhangs and brackets), or stepped parapets. All sides of a building and any accessory structure shall utilize materials and design characteristics consistent with those of the front facade. In order to prevent large flat expanses of featureless exterior walls, structures having single walls exceeding twenty five feet (25') in length shall incorporate one or more of the following features at least every twenty five feet (25') in length 1. Changes in color, graphical patterning, changes in texture, or changes in material 2. Projections, recesses, and reveals, expressing structural bays or other aspects of the architecture with a minimum change of plane of twelve inches (12 ") 3. Windows and fenestration 4. Gable projections 5. Horizontal /vertical breaks 6. Other similar techniques M. SIGNAGE Signs shall be permitted in accordance with Chapter 18 of the Owasso Zoning Code, with the following exceptions: 1. Pole signs in this district are not allowed. 2. Signs are encouraged to be attached to buildings and located on the face of buildings. All signs not attached to buildings should be of monument form and constructed of materials that complement the main building(s). 3. All signs not attached to buildings shall be set in a landscaped bed. 4. Maximum height for signage not attached to a building shall be six (6) feet. 5. Full video message boards and signs are prohibited within the Downtown Overlay District. 6. Larger and multi - tenant developments shall be allowed to use the Unified Sign Permit process and are encouraged to do so. 7. Signage overhanging the public sidewalk shall be allowed where building faces are adjacent to property lines. Signs shall be at least eight (8) feet above the sidewalk and shall require a sign permit. (see figure below). 8. All signs not attached to buildings should be of monument form and constructed of materials that complement the main building(s). 10 W BUILDING ORIENTATION All primary buildings on lots or tracts with frontage on streets within the District, especially Main Street and E 76`h St N. are encouraged to be oriented towards the street. If any such building is on a lot or tract with a second frontage, it shall have equally detailed and prominent facades, constructed of equally high quality materials, facing both the primary street and the secondary street. All buildings are encouraged to be oriented towards the front of the lot, with parking tots towards the rear or alongside buildings. O. COMMERICIAL DRIVE THROUGH LANES Drive -thru facilities are discouraged in the district. If drive -thru facilities are constructed as a part of the principal use, they shall be architecturally integrated with the main building. P. SCREEENING OF REFUSE COLLECTION AND LOADING AREAS Refuse collection areas shall be screened in accordance with Chapter 20. In order to reduce the visual and acoustic impacts of these functions on adjacent properties and public streets, non - enclosed service, storage, and off - street loading areas shall be screened with opaque sight - obscuring walls and /or fences of between six feet (6') and eight feet (8') in height made of durable materials. Screening materials shall be the same as, or of equal quality to, the materials used for the primary building and landscaping. Q. MIXED USE DEVELOPMENTS Buildings in the District are encouraged to contain ground floor retail or restaurant spaces. Mutti -story buildings are encouraged, with a mix of uses (office, retail /commercial, residential). 11 Residential uses above commercial spaces are encouraged and shall be allowed by -right in this district, subject to meeting adopted fire and building code requirements. R. SIDEWALK UTILIZATION Sidewalk cafes and room for sidewalk retail sales outside of businesses is encouraged. A minimum of six (6) feet of public travel path shalt be maintained at all times and sidewalk business shall not impede this travel area at any time. Businesses shall be required to carry insurance for sidewalk space that holds the City of Owasso harmless and submit site plans for outside activity for approval by the City. S. PARKING 1. Parking shalt be designed in accordance with the Zoning Code. 2. The Administrator may waive or alter parking requirements on unique lots on a case -by -case basis. 3. Multi - family developments shalt provide at least one parking space per unit and are encouraged to meet current parking standards. The Community Development Administrator shalt determine parking requirements. 4. Public parking is encouraged with any new developments and can be counted towards parking requirements (except residential parking minimums). Developers shall work with the City to review and design public parking arrangements. 5. If on street parking is present or permitted on adjacent streets, said parking spaces may be considered to meet or augment parking requirements. An inventory of such spaces shall be made and reviewed against the parking needs of other businesses in the vicinity. T. MULTI - FAMILY DEVELOPMENT Individual multi - family developments in excess of six (6) units shall proceed through the rezoning and PUD process in accordance with the Zoning Code. For multi- family developments of six (6) units or less, the project shalt only be required to rezone to the appropriate multi - family district (unless already zoned commercial) and proceed through administrative site plan review. All additional standards shall be met. U. RESIDENTIAL DEVELOPMENT Residential redevelopment is encouraged, with mixed -use, multi - family, townhome, triplex and duplex development. 1 and 2- family residential development shall be allowed on any residentially -zoned lot. Development of up to 6 dwelling units shall be allowed by -right on any commercially zoned lot. V. STORMWATER DETENTION Detention shall only be required on new development that increases the impervious area. All detention requirements shall be determined by the Owasso Public Works Department. These requirements shall not be applicable to residential dwellings up to 6- units. 12 W. FLOOR AREA RATIO (FAR) There shall be no Floor Area Ratio (FAR) requirements in the district. X. AMENITIES 1. Smaller mutti - family developments shall not be required to meet the amenity requirements established in the PUD Chapter of the Zoning Code. Amenities should be placed internally when possible in larger multi- family developments (workout room, rec room, pool area, etc.), unless said amenities are made available to the public. 2. Commercial developments are encouraged to provide public amenities whenever possible (benches, fountains, play areas, plaza areas, etc.) Y. EXCESS RIGHT -OF -WAY (ROW) When development occurs along public rights -of -way that have excess ROW (ex. Non - arteriats with 70' ROW width), closing of the public ROW shall be encouraged where possible. An alternative is to provide public parking stalls in these areas. Closing of right -of -way shalt be subject to approval of the Owasso Public Works Department Z. ADMINISTRATIVE REVIEW Unless cited within this chapter or another section of the Owasso Zoning Code, review of these guidelines shall be performed at the Administrative level. The Administrator and /or his designee may approve variations to the regulations set forth in this chapter or alternate treatments, so long as the intent of the ordinance is met. 13 EXHIBIT C Development Project Assistance Application OWASSO REDBUD DISTRICT PROJECT PLAN, INCREMENT DISTRICT NO. 1 ASSISTANCE IN DEVELOPMENT FINANCING DEVELOPMENT PROJECT ASSISTANCE APPLICATION The Application must be fully completed before submission to the Economic Development Department of the City of Owasso at 200 S. Main Street, Owasso, Oklahoma 74055. The omission of requested information may result in delays. The information requested is necessary to conduct a thorough financial and economic analysis of the proposed project. Please include any supplemental information, as may be necessary for purposes of analysis. 1. Applicant /Owner Information Name of Applicant: Title: Address: Contact Information Address: Phone Number(s): Email(s): Name of Business: Type of Business (LLC, LP, etc.): Contact Information for Key Project Participants: II. Project Site Information Address of Project Site: Attach Map(s) of Project Site Legal Description of Project: 1 April 4, 2017 Square Footage and Dimensions of Project Site: Existing Zoning of Project Site: Description of Existing Improvements: III. Project Information Name of Project: Description of Project: Market and Financial Feasibility of Project: Public Improvements Necessary for Project: Project Costs Construction Costs: Architectural and Engineering Fees: Other Professional Fees: Developer Fee: TOTAL: IV. Financial Information Proposed Sources of Funds Permanent Financing: Equity: Public Funds: April 4, 2017 Other: Attach the following documents: Balance Sheet, dated December 31 of past year and current year -to -date Income Statement, past calendar year and current year -to -date Cash Flow Statement, past calendar year and current year -to -date Project Development Pro Forma Tenant Occupancy Schedule Letters of Intent and /or Contracts Applicant hereby certifies that all information, including all documents and materials submitted with this Application, are true to his /her best knowledge and belief and are submitted for the purpose of consideration of assistance in development financing, consistent with and pursuant to the Owasso Redbud District Project Plan and the Policy Guide. Applicant: Name (Print) Signature Date April 4, 2017 EXHIBIT D Small Business Enhancement Application OWASSO REDBUD DISTRICT PROJECT PLAN INCREMENT DISTRICT NO 1 ASSISTANCE IN DEVELOPMENT FINANCING SMALL BUSINESS ENHANCEMENT APPLICATION The Application must be fully completed before submission to the Economic Development Department of the City of Owasso at 200 S. Main Street, Owasso, Oklahoma 74055. The omission of requested information may result in delays. Please include any supplemental information, as may be necessary for purposes of analysis. Business Name: Address: Contact Person /Owner: Phone Number: Email: What are the proposed improvements to the property? What dollar amount are you requesting? What is the proposed total cost of the improvements? (Please provide any quotes for materials, supplies, labor as an attachment to this application.) What is the source(s) of funds that is available to complete the improvements and match the amount you are requesting? 1 April 4, 2017 What impact would the proposed improvements have on your business? (increased customer traffic, increased sales, visibility, ability to add a new product or service, etc.) Why do you believe the proposed improvements are a worthy endeavor for your business? Is this property owned by someone other than the applicant? If yes, please attach letter from property owner agreeing to allow requested improvements to occur. Please attach any additional information (pictures, schematics, documentation, quotes, accompanying information, etc.) with the application. Applicant hereby certifies that all information, including all documents and materials submitted with this Application, are true to his /her best knowledge and belief and are submitted for the purpose of consideration of assistance in development financing, consistent with and pursuant to the Owasso Redbud District Project Plan and the Policy Guide. Applicant: Name (Print) Signature Date April 4, 2017 EXHIBIT E Employment Generation Assistance Application OWASSO REDBUD DISTRICT PROJECT PLAN, INCREMENT DISTRICT NO. 1 ASSISTANCE IN DEVELOPMENT FINANCING EMPLOYMENT GENERATION ASSISTANCE APPLICATION The Application must be fully completed before submission to the Economic Development Department of the City of Owasso at 200 S. Main Street, Owasso, Oklahoma 74055. The omission of requested information may result in delays. Please include any supplemental information, as may be necessary for purposes of analysis. Applicant Information Business Name: Type of Business (LLC, LP, etc.): Address: Contact Person /Owner: Phone Number: Email: II. Project Information Name of Project /Business: Description of Project /Business: Market and Financial Feasibility of Project /Business: Public Improvements Necessary for Project /Business: Projected Number of New Jobs: 1 April 4, 2017 Description of New Jobs: Description of the Need for Public Assistance: Impact of Project on Existing Business: Impact of Project /Business on Community: Please attach any additional information (pictures, schematics, documentation, accompanying information, etc.) with the application. Applicant hereby certifies that all information, including all documents and materials submitted with this Application, are true to his /her best knowledge and belief and are submitted for the purpose of consideration of assistance in development financing, consistent with and pursuant to the Owasso Redbud District Project Plan and the Policy Guide. Applicant: Name (Print) Signature Date April 4, 2017 TO: The Owasso City Council FROM: Bill Bush, Mayor SUBJECT: Citizen Board and Commission Appointments DATE: June 11, 2021 BACKGROUND: Pursuant to authority contained in Article 2, Section 2 -4, subsection (e) of the Charter of the City of Owasso, the City Council has established ordinances that provide, generally, for the Mayor to appoint members to various boards, commissions, trusts, and committees; such appointments are subject to confirmation by the City Council. Additionally, the City Council has established the same procedure, by precedent, for those appointments not specifically addressed by ordinance. It is, therefore, the purpose of this memorandum to recommend for City Council confirmation the following appointments to the positions as indicated: AUDIT COMMITTEE: Lyndell Dunn, Seat 1, City Council -term expires June 30, 2022 Jack Murray, Seat 2, Business Person - term expires June 30, 2024 BOARD OF ADJUSTMENT: Joe Ramey - term expires June 30, 2024 CAPITAL IMPROVEMENTS COMMITTEE: term expires June 30, 2022 Bill Bush, City Council Lyndell Dunn, City Council Paul Loving, Planning Commission Dirk Thomas, OEDA Jeff Davis, Citizen Representative Keith Whitfield, Citizen Representative Jason Drake, Citizen Representative Rob Haskins, Citizen Representative Jim Hunter, Citizen Representative Kent Inouye, Citizen Representative Chris Garrett, Assistant City Manager Warren Lehr, City Manager Linda Jones, Finance Director OWASSO ECONOMIC DEVELOPMENT AUTHORITY: Skip Mefford - term expires June 30, 2026 Alvin Fruga, City Council - term expires June 30, 2022 Gary Akin, Owasso Chamber of Commerce - term expires June 30, 2022 PERSONNEL BOARD: Bruce McCarty - term expires June 30, 2024 PLANNING COMMISSION: Abhijeet Utturkar - term expires June 30, 2024 David Vines -term expires June 30, 2024 Boards and Committees Page 2 of 2 INDIAN NATIONS COUNCIL OF GOVERNMENTS ( INCOG) BOARD OF DIRECTORS AND GENERAL ASSEMBLY: term expires June 30, 2023 Bill Bush, City Council Warren Lehr, City Manager (Alternate) INCOG TRANSPORTATION POLICY COMMITTEE: term expires June 30, 2022 Doug Bonebrake, City Council Warren Lehr, City Manager (Alternate) INCOG TRANSPORTATION TECHNICAL COMMITTEE: term expires June 30, 2022 Roger Stevens, Public Works Director Dwayne Henderson (Alternate) REGIONAL METROPOLITAN UTILITY AUTHORITY: term expires June 30, 2022 Roger Stevens, Public Works Director Dwayne Henderson (Alternate) CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 06105121 Department Payroll Expenses Total Expenses 105 Municipal Court 8,138.20 10,486.01 110 Managerial 22,475.69 31,421.85 120 Finance 21,194.48 32,347.66 130 Human Resources 9,533.60 14,292.61 160 Community Development 19,270.49 29,393.59 170 Engineering 16,687.21 25,888.78 175 Information Systems 18,025.36 27,332.47 181 Support Services 9,496.06 14,369.17 190 Cemetery 1,422.14 2,906.24 201 Police Grant Overtime 1,585.18 1,606.67 201 Police -COPS Grant 17,770.11 26,748.70 215 Central Dispatch 33,412.12 49,362.63 221 Animal Control 4,177.19 6,266.10 250 Fire Safer Grant 28,462.09 44,437.93 280 Emergency Preparedness 2,400.87 3,348.63 370 Stormwater /ROW Maint. 7,200.67 11,607.61 515 Park Maintenance 7,701.02 11,743.63 520 Culture /Recreation 10,043.55 16,575.14 550 Community- Senior Center 6,401.11 8,547.90 580 Historical Museum 756.80 850.64 710 Economic Development 4,667.39 7,061.08 General Fund Total 250,821.33 376,595.04 185 Garage Fund Total 10,136.90 16,708.48 255 Ambulance Fund Total 553.85 622.53 250 Fire Fund 37 Total 177,632.83 264,268.07 201 Police Fund 38 Total 261,892.57 357,703.99 300 Streets Fund 39 Total 18,132.38 31,549.62 370 Stormwater Fund 27 Total 3,902.77 6,588.59 150 Worker's Compensation Total 720 Strong Neighborhoods Total 4,814.17 6,761.66 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 6/10121 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE ADMIN FEES DENTAL DEPT TOTAL AMOUNT 24,203.77 5,493.75 43,115.50 28,327.83 30,403.40 131,544.25 6,592.50 4,385.95 2,996.82 13,975.27 HEALTHCARE SELF INSURANCE FUND TOTAL 145,519.52 CITY OF OWASSO GENERAL FUND & HALF -PENNY SALES TAX FISCAL YEAR 2020.2021 Budgetary Basis Statement of Revenues & Expenditures As of May 31, 2021 Q: \Finance (120)\Accounting \Reports \fy21 \GF Financials MONTH YEAR PERCENT TO -DATE TO -DATE BUDGET OF BUDGET REVENUES: Taxes $ 3,652,227 $ 35,740,793 $ 34,407,869 103.87% Licenses & permits 34,277 267,358 241,714 110.61% Intergovernmental 146,407 4,187,756 4,408,062 95.00% Charges for services 59,601 688,377 748,615 9135% Fines & forfeits 15,279 219,337 302,684 72.46% Other 15,236 184,533 258,555 71.37% TOTAL REVENUES $ 3,923,027 $ 41,288,154 $ 40,367,498 102.287. EXPENDITURES: Personal services $ (1,770,378) $ (20,880,445) $ (23,890,700) 87.40% Materials &supplies (122,681) (1,252,956) (1,778,563) 70.45% Other services (136,251) (1,925,303) (2,745,866) 70.12% Capital outlay (216,473) (2,117,864) (3,589,328) 59.00% Deferred Budget - COVID Grant (696,713) 0.00% TOTAL EXPENDITURES $ (2,245,784) $ (26,176,568) $ (32,701,170) 80.05% REVENUES OVER EXPENDITURES $ 1,677,243 $ 15,111,586 $ 7,666,328 TRANSFERS IN (OUT): Transfers in - Sales Tax $ 1,755,352 $ 17,497,784 $ 17,198,539 101.74% Transfers out (2,727,214) (28,926,940) (28,821,622) 100.37% TOTAL TRANSFERS $ (971,861) $ (11,429,156) $ (11,623,083) 98.33% NET INCOME (LOSS) $ 705,382 $ 3,682,430 $ (3,956,755) ENCUMBRANCES OUTSTANDING $ (235,177) FUND BALANCE (Budgetary Basis) Beginning Balance 13,682,835 13,682,835 Ending Balance $ 17,130,088 $ 9,726,080 Q: \Finance (120)\Accounting \Reports \fy21 \GF Financials