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Home My WebLink About2023.02.07_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL Council Chambers Old Central Building 109 North Birch, Owasso, OK Tuesday, February 7, 2023 - 6:30 PM NOTE: APPROPRIATE ACTION may include, but is not limited to: acknowledging, affirming, amending, approving, authorizing, awarding, denying, postponing, ortabling. AGENDA 1. Call to Order - Mayor Kelly Lewis RECEIVED 2. Invocation - Pastor Jonathan Cook of Destiny Life Church FEB 03 2023 3. Flag Salute 4. Roll Call City Clerk's Office 5. Presentation of the Character Trait of Tolerance - Larry Langford, Recreation and Culture Director 6. Consideration and appropriate action relating to the Consent Agenda. (All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes - January 17, 2023, Regular Meeting B. Approve claims C. Accept public infrastructure of a driveway approach and sidewalk, sanitary sewer infrastructure, concrete bridge and headwalls located approximately 2,300 linear feet south of East 116th Street North, off of North 135th East Avenue (Garrett Creek Mutual Access Easements) D. Accept public infrastructure of a sidewalk and curb ramps located at 11396 North 1351h East Avenue (Wendy's at Garrett Creek) 7. Consideration and appropriate action relating to items removed from the Consent Agenda 8. Presentation of the Owasso Strong Neighborhood Initiative Annual Report - Jerry Fowler 9. Consideration and appropriate action relating to bids received for construction of the Police Multi - Purpose Building and the Alternate Shoot House Mike Barnes Staff recommends awarding the base bid and alternate #1 to Bravo Builders LLC, of Coweta, Oklahoma, in the amount of $1,403,000.00 and authorization to execute the necessary documents. 10. Consideration and appropriate action relating to an agreement for the lease of approximately 0.18 acres of excess right -of -way located immediately east of 9202 North Garnett Road Brian Dempster Staff recommends approval of the Memorandum of Lease Agreement and the Lease Agreement between the City of Owasso, and the Redbud Group, LLC, and authorization to execute the necessary documents. 11. Report from City Manager • Monthly Public Works Project Status Report 12. Report from City Attorney 13. Report from City Councilors Owasso City Council February 7, 2023 Page 2 14. Official Notices (documents for acknowledgment of receipt or information only, no discussion or action will be taken) • Payroll Payment Reports - Pay Period Ending Dates January 14, 2023 and January 28, 2023 • Health Care Self- Insurance Claims - dated as of January 31, 2023 • Oklahoma Department of Environmental Quality Permit No. SL000072220888 Sanitary Sewer Line, 51h Avenue Business Park • Oklahoma Department of Environmental Quality Permit No. WL000072220887 Potable Water Line Extension, 51h Avenue Business Park • Change Orders executed by the City Manager or designee for the Wastewater Treatment Plant and Main Plant Lift station Expansion Project 15. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 16. Adjournment Notice of Public Meeting filed in the office of the City Clerk on Friday, December 9, 2022, and the Agenda posted at City Hall, 200 South Main Street, at 1:00 pm on Friday, February 3, 2023. M. Stevens, The City of Owasso encourages citizen participation. To request ath accommodation due to a disability, contact the City Clerk at least 48 hours prior to the scheduled meeting by phone 918 -37 6-1502 or by email to istevens§citvofowasso.com OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING TUESDAY, JANUARY 17, 2023 The Owasso City Council met in regular session on Tuesday, January 17, 2023, in the Council Chambers at Old Central, 109 North Birch, Owasso, Oklahoma per the Notice of Public Meeting filed Friday, December 9, 2022; and the Agenda filed in the office of the City Clerk and posted at City Hall, 200 South Main Street, at 5:00 pm on Thursday, January 12, 2023. 1. Call to Order Mayor Kelly Lewis called the meeting to order at 6:30pm. 2. Invocation The Invocation was offered by Senior Pastor Dr. Chris Wall of First Baptist Church of Owasso. 3. Flag Salute Councilor Doug Bonebrake led the flag salute. 4. Roll Call - A quorum was declared present. Present Absent Mayor - Kelly Lewis None Vice Mayor -Alvin Fruga Councilor - Doug Bonebrake Councilor -Bill Bush Councilor - Lyndell Dunn A quorum was declared present. Staff: City Manager - Warren Lehr / City Attorney - Julie Lombardi 5. Presentation of the Employee of the Quarter Warren Lehr presented the item recognizing Aimee Claiborne, HR Benefits and Wellness Coordinator. 6. Consideration and appropriate action relating to the Consent Agenda. (All matters listed under "Consent' are considered by the Trustees to be routine and will be enacted by one motion. Any Trustee may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes - January 3, 2023, and January 10, 2023, Regular Meeting B. Approve claims C. Re- approve the Real Property Lease between 815 W Kenosha LLC, and the City of Owasso, dated November 15, 2022, and authorize execution of all necessary documents Mr. Bonebrake moved, seconded by Mr. Bush to approve the Consent Agenda as presented, with claims totaling $1,093,783.95. YEA: Bonebrake, Bush, Dunn, Fruga, Lewis NAY: None Motion carried: 5 -0 7. Consideration and appropriate action relating to items removed from the Consent Agenda - None 8. Consideration and appropriate action relating to the nomination of Brian Cook to serve on the Owasso Planning Commission to begin May 2, 2023, until such term expires on June 30, 2025 Mayor Kelly Lewis presented the item, recommending appointment of Brian Cook to serve on the Owasso Planning Commission. There were no comments from the audience. Mr. Bush moved, seconded by Mr. Dunn to appoint Brian Cook, as recommended. YEA: Bonebrake, Bush, Dunn, Fruga, Lewis NAY: None Motion carried: 5 -0 Owasso City Council January 17, 2023 Page 2 9. Consideration and appropriate action relating to Ordinance 1203, approving rezoning from Residential Single - Family (RS -3) to Public Facility (PF) of approximately 63.667 acres, located south of East 116th Street North and east of North 971h East Avenue, as referenced in application OZ 22 -10 Alexa Beemer presented the item, recommending adoption of Ordinance 1203. Two citizens addressed the City Council. After discussion, Mr. Bush moved, seconded by Mr. Bonebrake to adopt Ordinance 1203, as recommended. YEA: Bonebrake, Bush, Dunn, Fruga, Lewis NAY: None Motion carried: 5 -0 10. Consideration and appropriate action relating to a Specific Use Permit (SUP) for approximately 0.8136 acres located south of East 96th Street North and east of North 129th East Avenue for an automotive repair and maintenance facility (Take 5 Oil Change) in a Commercial Shopping (CS) district, as referenced in application SUP 22 -03 Alexa Beemer presented the item, recommending approval of Specific Use Permit 22 -03. One citizen addressed the City Council. After discussion, Mr. Dunn moved, seconded by Mr. Fruga to approve the Specific Use Permit, as recommended. YEA: Bonebrake, Bush, Dunn, Fruga, Lewis NAY: None Motion carried: 5 -0 11. Consideration and appropriate action relating to Resolution 2023 -01, accepting the notice of retirement from Warren Lehr, City Manager, to be effective on or about March 2, 2024, and resolving to extend an offer on or before December 5, 2023, to Chris Garrett, Assistant City Manager, to fill the position of City Manager Julie Lombardi presented the item. There were no comments from the audience. After discussion, Mr. Bush moved, seconded by Mr. Bonebrake to approve Resolution 2023 -01, as recommended. YEA: Bonebrake, Bush, Dunn, Fruga, Lewis NAY: None Motion carried: 5 -0 12. Report from City Manager Warren Lehr read a letter received from the Golf Course Superintendents Association of America recognizing Chris Cook, Bailey Ranch Superintendent, for receiving the Certified Golf Course Superintendent designation. 13. Report from City Attorney - None 14. Report from City Councilors City Councilors recognized Chris Cook's accomplishment. 15. Official Notices - The Mayor acknowledged receipt of the following: • Payroll Payment Report- Pay Period Ending Date December 31, 2022 • Health Care Self- Insurance Claims - dated as of January 12, 2023 • Monthly Budget Status Report - December 2022 • Letter dated January 10, 2023 from the Owasso Audit Committee; the FY 2021 -2022 Annual Comprehensive Financial Report; and, the City's annual financial audit for fiscal year ending June 30, 2022 16. New Business - None 17. Adjournment Mr. Bonebrake moved, seconded by Mr. Dunn to adjourn the meeting. YEA: Bonebrake, Bush, Dunn, Fruga, Lewis NAY: None Motion carried: 5 -0 and the meeting adjourned at 7:32 pm. Kelly Lewis, Mayor Juliann M. Stevens, City Clerk Claims List - 02/07/2023 Fund Vendor Name Payable Description Payment Amount 01 GENERAL TYLER TECHNOLOGIES, INC. CAD SOFTWARE $13,752.65 CAD SOFTWARE -Total LOCKE- SUPPLIES $13,752.65 AEP /PSO ELECTRIC USE $577.38 BRANDON HEMSOTH REIMBURSEMENT $649.99 JPMORGAN CHASE BANK ADVANCE- EQUIPMENT $45.91 JPMORGAN CHASE BANK AMAZON - EQUIPMENT $4,493.87 JPMORGAN CHASE BANK AMAZON- REFUND ($371.88) JPMORGAN CHASE BANK AMAZON- SUPPLIES $327.67 JPMORGAN CHASE BANK AMAZON- UNIFORM $149.80 JPMORGAN CHASE BANK AUTOZONE- EQUIPMENT $4.98 JPMORGAN CHASE BANK CORNERSTONE - SUPPLIES $10.84 JPMORGAN CHASE BANK CUSTOMMOLD- EQUIPMENT $348.00 JPMORGAN CHASE BANK EBAY- SUPPLIES $43.57 JPMORGAN CHASE BANK FENIEX- EQUIPMENT $926.77 JPMORGAN CHASE BANK KUM &GO -FUEL $83.38 JPMORGAN CHASE BANK MAGNUM - EQUIPMENT $134.95 JPMORGAN CHASE BANK MEEKS- EQUIPMENT $1,480.00 JPMORGAN CHASE BANK MIDWEST VET - SUPPLIES $1,103.73 JPMORGAN CHASE BANK OREILLY- EQUIPMENT $33.86 JPMORGAN CHASE BANK ROBERTSON - EQUIPMENT $817.99 JPMORGAN CHASE BANK RUGGED DEP- EQUIPMENT $360.09 JPMORGAN CHASE BANK SAVON- SUPPLIES $80.00 JPMORGAN CHASE BANK TINT SHOP - EQUIPMENT $500.00 JPMORGAN CHASE BANK TOMMYS- SERVICE $24.99 JPMORGAN CHASE BANK TRAVEL EXP 2/28 -3/1 $59.57 JPMORGAN CHASE BANK TRIELECTRO- SUPPLIES $86.60 JPMORGAN CHASE BANK ULTRA BRIGHT -EQUIP $1,044.98 GEN ANIMAL CONTROL -Total $13,017.06 • AEP IPSO ELECTRIC USE $39.87 JPMORGAN CHASE BANK UPSTATE - REPAIR $115.00 SPOK INC. PAGER USE $9.41 UNIFIRST HOLDINGS LP UNIFORM SERVICES $29.22 GEN CEMETERY -Total $193.50 JPMORGAN CHASE BANK MEETING EXP 01/16 $112.14 SUSAN R CHERMACK PAINT CLASS $600.00 GEN COMM CTR DONATIONS -Total $712.14 AEP /PSO ELECTRIC USE $761.13 JPMORGAN CHASE BANK LOCKE- SUPPLIES $57.95 JPMORGAN CHASE BANK LOWES- SUPPLIES $459.63 JPMORGAN CHASE BANK ONE BILLIARDS - MAINT $71.00 JPMORGAN CHASE BANK ROTOROOTER- REPAIR $1,414.39 1 Fund 01 Claims List - 02/07/2023 Vendor Name Payable Description Payment Amount GENERAL GEN COMMUNITY CENTER -Total AMAZON- REFUND $2,764.10 FELKINS ENTERPRISES LLC NEW BUSINESS CARDS $40.00 INCOG MEMBERSHIP DUES $7,074.50 JPMORGAN CHASE BANK HOME BUILDER - TRAINING $150.00 JPMORGAN CHASE BANK INTL CODE -FEES $145.00 JPMORGAN CHASE BANK JMAC- REFUND ($25.99) JPMORGAN CHASE BANK JMAC- SUPPLIES $184.20 JPMORGAN CHASE BANK ODP- SUPPLIES $71.37 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $659.23 JPMORGAN CHASE BANK SAVON- SUPPLIES $550.00 TREASURER PETTY CASH SUPPLIES REF- TOWNSEND $70.89 GEN COMMUNITY DEVELOPMENT - Total $8,919.20 J & K EQUIPMENT, INC. MANLIFT RENTAL $600.00 JPMORGAN CHASE BANK OFFICE DEPOT - REFUND ($16.98) GEN CULTURE & RECREATION -Total $583.02 AEP IPSO ELECTRIC USE $21.02 REGINALD KIM HENRY BANNER SERVICE $3,350.00 GEN ECONOMIC DEV -Total $3,371.02 AEP /PSO ELECTRIC USE - $76.84 AT&T PHONE USE $26.52 CONNECTIONS IT INC ELECTRIC LOCK AT EOC $1,829.38 GEN EMERG PREPAREDNESS -Total $1,932.74 AUTO DEFINITIONS OF CLAREMOREJNC LEASED VEH EQUIPMENT $6,816.59 JPMORGAN CHASE BANK AMAZON- SUPPLIES $66.59 JPMORGAN CHASE BANK ASFPM- CERTIFICATION $85.00 JPMORGAN CHASE BANK ODP- SUPPLIES $39.98 JPMORGAN CHASE BANK OK FLOODPLAIN -EXAM $160.00 JPMORGAN CHASE BANK SPEEDTECH- EQUIPMENT $2,199.94 JPMORGAN CHASE BANK SUNDANCE- SUPPLIES $247.96 JPMORGAN CHASE BANK USPS- POSTAGE $15.00 UNIFIRST HOLDINGS LP UNIFORM SERVICES $52.53 UNITED STATES CELLULAR CORPORATION PW CELL PHONES $63.00 GEN ENGINEERING -Total $9,746.59 JPMORGAN CHASE BANK AMAZON- REFUND ($54.99) JPMORGAN CHASE BANK AMAZON- SUPPLIES $247.94 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $11.27 JPMORGAN CHASE BANK ODP- SUPPLIES $20.33 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $44.99 JPMORGAN CHASE BANK SAMS- SUPPLIES $14.32 SUMNERONE INC COPIER SERVICES $49.00 2 Claims List - 02/07/2023 Fund Vendor Name Payable Description Payment Amount 01 GENERAL TREASURER PETTY CASH KIPLINGER- NOVOZINSKY $74.00 GEN FINANCE -Total $406.86 AEP /PSO ELECTRIC USE $3,512.11 AT &T PHONE USE $106.07 MAILROOM FINANCE INC POSTAGE $1,500.00 MCAFEE & TAFT LEGAL SERVICES $504.00 TREASURER PETTY CASH POSTAGE DUE -USPS $0.70 GEN GENERAL GOVERNMENT -Total $5,622.88 AEP /PSO ELECTRIC USE $112.08 JPMORGAN CHASE BANK LOCKE- SUPPLIES $24.40 GEN HISTORICAL MUSEUM -Total $136.48 JPMORGAN CHASE BANK SUNDANCE- SUPPLIES $179.40 GEN HR - CHAR INITIATIVE - Total $179.40 COMMUNITYCARE EAP EAP FEE $468.00 JPMORGAN CHASE BANK 41MPRINT -EMPY RECOG $487.91 JPMORGAN CHASE BANK GIANT TV -EMPY RECOG $599.00 JPMORGAN CHASE BANK MAIL THIS - SUPPLIES $4.27 JPMORGAN CHASE BANK ODP- SUPPLIES $58.87 JPMORGAN CHASE BANK SAMS- SUPPLIES $25.76 JPMORGAN CHASE BANK SOCIETYFORHR -FEES $458.00 JPMORGAN CHASE BANK STRATEGIC GOVT -CONF $1,287.00 GEN HUMAN RESOURCES -Total $3,388.81 AT &T PHONE USE $26.52 AT &T MOBILITY PUBLIC SAFE WIRELESS $83.35 JPMORGAN CHASE BANK AMAZON- EQUIPMENT $420.48 JPMORGAN CHASE BANK COX - SERVICE $100.05 JPMORGAN CHASE BANK EBAY- EQUIPMENT $2,493.57 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $40.01 JPMORGAN CHASE BANK JMAC.EQUIPMENT $92.09 MCC INNOVATIONS, LLC LASERFICHE RENEWAL $10,635.45 TREASURER PETTY CASH CISCO SWITCHES -IT $2,000.00 TREASURER PETTY CASH MILEAGE REIMB- TIBBLES $130.09 TREASURER PETTY CASH SERVICE OKLAHOMA -TAGS $414.00 GEN INFORMATION TECH -Total $16,435.61 JPMORGAN CHASE BANK AMAZON- SUPPLIES $27.99 JPMORGAN CHASE BANK CHAMBER -FEES $350.00 JPMORGAN CHASE BANK IIMC -FEES $625.00 JPMORGAN CHASE BANK LOWES- SUPPLIES $25.96 JPMORGAN CHASE BANK MEETING EXP 01/12 $247.00 JPMORGAN CHASE BANK NFPA -FEES $175.00 K7 Claims List - 02/07/2023 Fund Vendor Name Payable Description Payment Amount 01 GENERAL JPMORGAN CHASE BANK SAMS - SUPPLIES $4.91 JPMORGAN CHASE BANK SMOKE -EMPY RECOG $25.00 GEN MANAGERIAL -Total $1,480.86 HOUGHTON, TIMOTHY L BAILIFF $400.00 OKLAHOMA MUNICIPAL COURT CLERKS MEMBERSHIP FEES $110.00 OKLAHOMA MUNICIPAL COURT CLERKS TRAINING $70.00 GEN MUNICIPAL COURT -Total $580.00 AEP /PSO ELECTRIC USE $2,823.41 ALL STAR RESOURCES CORP RESTRIPE LINES $895.00 DEERE & COMPANY REPLACEMENT MOWER $10,243.74 ROGERS COUNTY RURAL WATER CENTENNIAL PARK $312.23 DISTRICT ASTRO SYSTEM PLUS PKG YR $9,579.68 UNIFIRST HOLDINGS LP PARKS STAFF UNIFORMS $57.06 WASHINGTON CO RURAL WATER DISTRICT MCCARTY PARK $36.40 GEN PARKS -Total $14,367.84 AEP /PSO ELECTRIC USE $362.72 JPMORGAN CHASE BANK AMAZON- PRISON BOARD $67.99 JPMORGAN CHASE BANK SAMS- PRISON BOARD $14.98 MOTOROLA SOLUTIONS INC ASTRO SYST PLUS PKG $2,394.92 MOTOROLA SOLUTIONS INC ASTRO SYSTEM PLUS PKG YR $9,579.68 GEN POLICE COMMUNICATIONS -Total $12,420.29 JPMORGAN CHASE BANK CAVENDERS - UNIFORM $170.00 JPMORGAN CHASE BANK LOWES- SUPPLIES $76.23 JPMORGAN CHASE BANK LOWES -TOOLS $59.98 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $89.99 JPMORGAN CHASE BANK SPEEDTECH - EQUIPMENT $2,199.94 SPOK INC. PAGER USE $79.28 UNIFIRST HOLDINGS LP UNIFORM SERVICES $224.40 GEN STORMWATER -Total $2,899.82 AT &T PHONE USE $26.52 JPMORGAN CHASE BANK AMAZON -PARTS $89.38 JPMORGAN CHASE BANK COX - SERVICE $69.95 JPMORGAN CHASE BANK LOCKE- REPAIR $161.98 JPMORGAN CHASE BANK LOCKE- SUPPLIES $6.56 JPMORGAN CHASE BANK LOWES- SUPPLIES $115.78 JPMORGAN CHASE BANK LOWES -TOOLS $26.38 JPMORGAN CHASE BANK MAGIC REFRIG- REPAIR $140.00 JPMORGAN CHASE BANK OK PRECAST - SUPPLIES $196.00 JPMORGAN CHASE BANK SAMS- SUPPLIES $47.59 JPMORGAN CHASE BANK SCHINDLER -TEST $398.68 JPMORGAN CHASE BANK SUMNER- SERVICE $75.00 4 Claims List - 02/07/2023 Fund Vendor Name Payable Description Payment AMERICAN MUNICIPAL SERVICES LTD COLLECTION SERVICES Amount 01 GENERAL SCHINDLER ELEVATOR INC ANNUAL MAINT CONTRACT $3,016.26 UNIFIRST HOLDINGS LP UNIFORMS $22.50 GEN SUPPORT SERVICES -Total AMB PAYMENT REF -CAITO $4,392.58 TREASURER PETTY CASH CC DEP REF -BELK $50.00 TREASURER PETTY CASH CC DEP REF - BUCKLAND $100.00 TREASURER PETTY CASH CC DEP REF - CONNELL $20.00 TREASURER PETTY CASH CC DEP REF -DEERE $100.00 TREASURER PETTY CASH CC DEP REF -DUGAN $50.00 TREASURER PETTY CASH CC DEP REF - FOSTER $50.00 TREASURER PETTY CASH CC DEP REF - JOHNSON $100.00 TREASURER PETTY CASH CC DEP REF - KESSLER $20.00 TREASURER PETTY CASH CC DEP REF -KITCH $50.00 TREASURER PETTY CASH CC DEP REF - OKERSON $50.00 TREASURER PETTY CASH CC DEP REF - PIERCE $50.00 TREASURER PETTY CASH CC DEP REF -TOWNS $100.00 TREASURER PETTY CASH REDBUD DEP REF -DANCE $200.00 GENERAL -Total $940.00 GENERAL -Total $118,243.45 20 AMBULANCE SERVICE JPMORGAN CHASE BANK AMAZON -PARTS $10.21 JPMORGAN CHASE BANK BOUND TREE - SUPPLIES $1,234.27 JPMORGAN CHASE BANK HENRY SCHEIN- SUPPLIES $669.07 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $8.28 JPMORGAN CHASE BANK INTERSTATE- RECYCLE $43.75 JPMORGAN CHASE BANK LIFE ASSIST - SUPPLIES $3,604.50 JPMORGAN CHASE BANK NATION REG -CERT $25.00 JPMORGAN CHASE BANK SEED TECH - SUPPLIES $126.75 JPMORGAN CHASE BANK ZOLL- SUPPLIES $1,680.96 MEDICLAIMS INC BILLING SERVICES $14,732.66 AMBULANCE -Total $22,337.45 AMERICAN MUNICIPAL SERVICES LTD COLLECTION SERVICES $41.74 TREASURER PETTY CASH AMB DISCOUNT- JACKSON $20.40 TREASURER PETTY CASH AMB DISCOUNT - PORTMAN $20.40 TREASURER PETTY CASH AMB PAYMENT REF -CAITO $280.00 AMBULANCE SERVICE -Total $362.54 AMBULANCE SERVICE -Total $22,699,99 21 E -911 AT &T PHONE USE $429.33 DEPARTMENT OF PUBLIC SAFETY OLETS $635.00 INCOG E911 CHARGES $8,720.05 JPMORGAN CHASE BANK AMAZON - EQUIPMENT $808.00 JPMORGAN CHASE BANK APCO - TRAINING $30.00 5 Claims List - 02107/2023 Fund Vendor Name Payable Description Payment Amount 21 E -911 JPMORGAN CHASE BANK TYLER USER - TRAINING $1,099.00 LANGUAGE LINE SERVICES TRANSLATION SVCS $419.52 RICH & CARTMILL NOTARY BOND $10.00 E911 COMMUNICATIONS -Total $12,150.90 E -911 - Total $12,150.90 25 HOTEL TAX JPMORGAN CHASE BANK MEETING EXP 01113 $301.20 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $13.98 JPMORGAN CHASE BANK WALMART- CONFERENCE $93.04 TREASURER PETTY CASH STRONG NEIGHBORHOODS $50.00 STRONG NEIGHBORHOODS -Total $458.22 HOTELTAX -Total $458.22 27 STORMWATER MANAGEMENT AEP IPSO ELECTRIC USE $315.59 JPMORGAN CHASE BANK ATWOOD- SUPPLIES $44.99 JPMORGAN CHASE BANK BEST BUY - SUPPLIES $32.98 JPMORGAN CHASE BANK BROWN FARMS -SOD $94.00 JPMORGAN CHASE BANK CORE &MAIN- REPAIR $98.95 JPMORGAN CHASE BANK HARD HAT - UNIFORM $117.00 JPMORGAN CHASE BANK LOWES- REPAIR $258.79 JPMORGAN CHASE BANK LOWES- SUPPLIES $18.32 JPMORGAN CHASE BANK LOWES -TOOLS $208.91 LOT MAINTENANCE OF OKLAHOMA, INC. LITTER CONTROL $2,564.00 UNIFIRST HOLDINGS LP UNIFORM SERVICES $17.04 UNITED STATES CELLULAR CORPORATION PW CELL PHONES $91.48 STORMWATER- STORMWATER -Total $3,862.05 STORMWATER MANAGEMENT -Total $3,862.05 31 AMBULANCE CAPITAL TREASURER PETTY CASH AMB DISCOUNT - JACKSON $3.60 TREASURER PETTY CASH AMB DISCOUNT - PORTMANT $3.60 AMBULANCE CAPITAL -Total $7.20 JPMORGAN CHASE BANK DELL - EQUIPMENT $3,723.76 AMBULANCE CAPITAL FD -Total $3,723.76 AMBULANCE CAPITAL -Total $3,730.96 34 VISION TAX GARVER 116 -MINGO TO GARNETT $28,497.50 OMEGA RAIL MANAGEMENT, INC. DOCUMENT FEE - FIBER LINE $1,150.00 OMEGA RAIL MANAGEMENT, INC. RR AGREE -FIBER LINE $2,000.00 OMEGA RAIL MANAGEMENT, INC. RR AGREE -STROM PIPE $1,500.00 OMEGA RAIL MANAGEMENT, INC. RR AGREEMENT WATER $750.00 OMEGA RAIL MANAGEMENT, INC. RR DOCUMENT FEE $2,300.00 116TH -MINGO TO GARNETT RD - Total $36,197.50 VISION TAX -Total $36,197.50 11 Claims List - 02/07/2023 Fund Vendor Name Payable Description Payment Amount 36 CAPITAL IMPROV GRANTS R &L CONSTRUCTION LLC SPORTS PARK IMPROVE $486,466.20 VSN 2025 SPORTS PARK RIDS • Total $486,466.20 CAPITAL IMPROV GRANTS -Total $486,466.20 37 SALES TAX FIRE AEP /PSO ELECTRIC USE $5,407.12 AT &T PHONE USE $26.52 GARRETT WENDLANDT TUITION REIMBURSEMENT $717.30 JPMORGAN CHASE BANK 5.11- UNIFORM $230.00 JPMORGAN CHASE BANK A &B IDENTITY- SUPPLIES $81.00 JPMORGAN CHASE BANK A &B IDENTITY- UNIFORM $319.80 JPMORGAN CHASE BANK AMAZON -NEW HIRE $135.86 JPMORGAN CHASE BANK AMAZON- REFUND ($188.00) JPMORGAN CHASE BANK AMAZON- SUPPLIES $421.96 JPMORGAN CHASE BANK AMER WASTE - DISPOSAL $101.35 JPMORGAN CHASE BANK AMERIFLEX- REPAIR $49.10 JPMORGAN CHASE BANK ATWOOD -PARTS $29.99 JPMORGAN CHASE BANK BEST BUY - EQUIPMENT $549.99 JPMORGAN CHASE BANK CORNERSTONE -TOOLS $17.08 JPMORGAN CHASE BANK EPOCH -TOOLS $499.99 JPMORGAN CHASE BANK FIERO- CONFERENCE $150.00 JPMORGAN CHASE BANK FIRE PROTECT -NEW HIRE $81.12 JPMORGAN CHASE BANK HARRISON ENER- REPAIR $665.13 JPMORGAN CHASE BANK HARRISON- REPAIR $1,772.00 JPMORGAN CHASE BANK HOME DEPOT -PARTS $139.16 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $44.13 JPMORGAN CHASE BANK LOCKE- REPAIR $56.54 JPMORGAN CHASE BANK LODGING EXP 01119 -23 $408.09 JPMORGAN CHASE BANK LODGING EXP 01/23 -24 $65.05 JPMORGAN CHASE BANK LOWES- EQUIPMENT $1,118.16 JPMORGAN CHASE BANK LOWES- SUPPLIES $319.99 JPMORGAN CHASE BANK LOWES - TRAINING $116.98 JPMORGAN CHASE BANK MOTOROLA- EQUIPMENT $424.16 JPMORGAN CHASE BANK NAFECO -NEW HIRE $384.66 JPMORGAN CHASE BANK NAFECO- UNIFORM $134.00 JPMORGAN CHASE BANK ODP- SUPPLIES $141.04 JPMORGAN CHASE BANK OK POLICE SUP - UNIFORM $218.97 JPMORGAN CHASE BANK OK POLICE - UNIFORM $27.50 JPMORGAN CHASE BANK OREILLY -PARTS $11.22 JPMORGAN CHASE BANK OREILLY- SUPPLIES $45.63 JPMORGAN CHASE BANK OSFA -FEES $4,620.00 JPMORGAN CHASE BANK QUIKSERVICE- SUPPLIES $176.62 JPMORGAN CHASE BANK QUIZS SVCS -MAINT $660.00 7 Claims List - 02/07/2023 Fund Vendor Name Payable Description Payment Amount 37 SALES TAX FIRE JPMORGAN CHASE BANK REACH CLOTH - UNIFORM $507.00 JPMORGAN CHASE BANK SAMS- EQUIPMENT $957.97 JPMORGAN CHASE BANK SAMS- SUPPLIES $179.94 JPMORGAN CHASE BANK SPECIAL OPS- UNIFORM $182.98 JPMORGAN CHASE BANK SW FLUIDS - REPAIR $955.46 JPMORGAN CHASE BANK TRACE ANALY- SUPPLIES $1,092.20 JPMORGAN CHASE BANK WALMART- SUPPLIES $52.10 WILLIAM A HARRISON INC HVAC REPAIR $3,242.62 SALES TAX FUND -FIRE - Total $27,349.48 SALES TAX FIRE -Total $27,349.48 38 SALES TAX POLICE AEP /PSO ELECTRIC USE $5,832.52 ALEMI ALCALA TUITION REIMBURSEMENT $699.30 AT &T PHONE USE $26.52 AT &T MOBILITY PUBLIC SAFE WIRELESS $140.88 BAILEY EVENT CENTER, INC. EVENT SERVICE $1,690.00 BOARD OF TESTS FOR ALCOHOL & DRUG RENEWALS $192.00 FIREFIGHTER SELECTION, INC TESTING MATERIAL $500.00 GT DISTRIBUTORS INC FIREARMS $11,826.75 JPMORGAN CHASE BANK ACADEMY -TOOLS $244.98 JPMORGAN CHASE BANK AMAZON- SUPPLIES $143.00 JPMORGAN CHASE BANK AMAZON- UNIFORM $80.00 JPMORGAN CHASE BANK AMER WASTE- RENTAL $135.10 JPMORGAN CHASE BANK AR500 -TOOLS $730.70 JPMORGAN CHASE BANK AT YOUR SERV- RENTAL $276.00 JPMORGAN CHASE BANK BROWNELLS -TOOLS $267.30 JPMORGAN CHASE BANK CORNERSTONE -PARTS $20.00 JPMORGAN CHASE BANK DOLLAR GENERAL -PARTS $34.74 JPMORGAN CHASE BANK ES GUARDIANS -FEES $12.24 JPMORGAN CHASE BANK FAM- MEDICAL $639.20 JPMORGAN CHASE BANK IACP -FEES $190.00 JPMORGAN CHASE BANK IDSECURITY- SUPPLIES $775.00 JPMORGAN CHASE BANK KUM &GO- SUPPLIES $5.78 JPMORGAN CHASE BANK L &M- FURNITURE $1,211.00 JPMORGAN CHASE BANK LEGION TARGETS -TOOLS $1,237.46 JPMORGAN CHASE BANK LOWES- SUPPLIES $39.92 JPMORGAN CHASE BANK MCALISTERS- SUPPLIES $45.94 JPMORGAN CHASE BANK MIDWAYUSA -TOOLS $2,194.90 JPMORGAN CHASE BANK MTM RECOG- UNIFORM $1,510.00 JPMORGAN CHASE BANK NATIONALASS - TRAINING $1,400.00 JPMORGAN CHASE BANK NJ CRIMINAL - TRAINING $1,397.00 JPMORGAN CHASE BANK OOP- SUPPLIES $292.06 13 Claims List - 02107/2023 Fund Vendor Name Payable Description Payment Amount 38 SALES TAX POLICE JPMORGAN CHASE BANK OK GANG - TRAINING $100.00 JPMORGAN CHASE BANK OPTICSPLANET -TOOLS $146.08 JPMORGAN CHASE BANK OREILLY -PARTS $50.60 JPMORGAN CHASE BANK OSBI- TRAINING $175.00 JPMORGAN CHASE BANK PAYPAL -DUES $130.00 JPMORGAN CHASE BANK PLTPAYCSR -FEES $1.40 JPMORGAN CHASE BANK RSU- ADVERTISE $50.00 JPMORGAN CHASE BANK RUBBERDUMMI- EQUIPMENT $454.06 JPMORGAN CHASE BANK SAFARILAND- UNIFORM $1,087.50 JPMORGAN CHASE BANK SAMS- SUPPLIES $39.96 JPMORGAN CHASE BANK SAVON- SUPPLIES $120.00 JPMORGAN CHASE BANK SPECIAL OPS- UNIFORM $5,194.66 JPMORGAN CHASE BANK STALKERRADAR -TOOLS $2,695.00 JPMORGAN CHASE BANK SUMNER- RENTAL $786.38 JPMORGAN CHASE BANK TORCHLIGHTK- TRAINING $750.00 JPMORGAN CHASE BANK TRACTOR SUP - SUPPLIES $109.98 JPMORGAN CHASE BANK ULINE- SUPPLIES $361.12 JPMORGAN CHASE BANK LISPS- POSTAGE $9.45 JPMORGAN CHASE BANK WALMART- SUPPLIES $49.92 KENT RIICHI INOUYE DOOR REPAIR $1,500.00 KIRKCORYN AWARDS & RECOGNITION $2,136.00 LENOX WRECKER SERVICE INC TOWING SERVICE $110.00 MCINTOSH CORPORATION CONDENSER REPAIR $1,385.88 RICH & CARTMILL INC NOTARY RENEWALS $30.00 SCHINDLER ELEVATOR INC ANNUAL MAINT CONTRACT $3,016.26 SOME'S UNIFORMS INC AWARDS & RECOGNITION $1,669.00 SALES TAX FUND- POLICE -Total $55,950.54 SALES TAX POLICE - Total $55,950.54 39 SALES TAX STREETS AEP /PSO ELECTRIC USE $2,638.69 JPMORGAN CHASE BANK APAC- ASPHALT $894.00 JPMORGAN CHASE BANK BOOT BARN - UNIFORM $154.99 JPMORGAN CHASE BANK BROWN FARMS -SOD $128.00 JPMORGAN CHASE BANK CORNERSTONE- SUPPLIES $39.27 JPMORGAN CHASE BANK ELLIOTT- EQUIPMENT $2,978.06 JPMORGAN CHASE BANK GRAINGER- SUPPLIES $45.30 JPMORGAN CHASE BANK LOWES - LUMBER $45.61 JPMORGAN CHASE BANK LOWES -PARTS $189.44 JPMORGAN CHASE BANK LOWES- REFUND ($3.73) JPMORGAN CHASE BANK LOWES- SUPPLIES $190.66 JPMORGAN CHASE BANK RED WING- UNIFORM $170.00 JPMORGAN CHASE BANK ROADSAFE- SUPPLIES $320.00 0 Claims List - 02/07/2023 Fund Vendor Name Payable Description Payment Amount 39 SALES TAX STREETS JPMORGAN CHASE BANK TEXNITE- EQUIPMENT $564.00 JPMORGAN CHASE BANK TEXNITE- REFUND ($564.00) JPMORGAN CHASE BANK VOSS LIGHTING - REPAIR $1,245.00 JPMORGAN CHASE BANK WELSCO- RENTAL $49.64 JPMORGAN CHASE BANK XCESSORIES -PARTS $2,350.00 SIGNALTEKINC PEDESTAL SERVICE $441.82 SIGNALTEK INC TRAFFIC CAB REPAIR $10,169.58 SPOK INC. PAGER USE $156.06 THE COTTAGES AT MINGO CROSSING STREET LIGHT REIMS $2,187.76 UNIFIRST HOLDINGS LP UNIFORM SERVICES $407.94 WASHINGTON CO RURAL WATER DISTRICT 116 LANDSCAPE IRRIG $46.20 40 70 10 SALES TAX FUND-STREETS -Total $24,844.29 SALES TAX STREETS - Total $24,844.29 CAPITAL IMPROVEMENTS GARVER ENGINEERING SERVICES - Cl $21,507.85 96TH FROM 134TH TO 145TH - Total $21,507.85 JPMORGAN CHASE BANK INTERSTATE - VEHICLE $178.10 JPMORGAN CHASE BANK MATTHEWS FORD - VEHICLE $28162 CIP FIRE DEPT VEHICLES -Total $461.72 DOERNER, SAUNDERS, DANIEL & LEGAL SERVICES $187.62 CIP GARN RD WIDE 106 -116 -Total $187.62 JPMORGAN CHASE BANK TINT SHOP - EQUIPMENT $240.00 TURN -KEY MOBILE, INC NEW VEHICLE EQUIPMENT $3,807.00 CIP POLICE VEHICLES -Total $4,047.00 STRONGHAND LLC STREET REHAB FY21 -22 $56,154.78 STREET REHAB FY21.22 - Total $56,154.78 KLEINFELDER, INC GEO TECH SERVICES $12,200.00 STREET REHAB FY22 -23 -Total $12,200.00 CAPITAL IMPROVEMENTS -Total $94,558.97 CITY GARAGE AEP /PSO ELECTRIC USE $1,250.21 JPMORGAN CHASE BANK AIR COMPRESS -PARTS $315.00 JPMORGAN CHASE BANK AMERIFLEX -PARTS $176.35 JPMORGAN CHASE BANK ATWOOD- SUPPLIES $14.97 JPMORGAN CHASE BANK DIESEL - SOFTWARE $150.00 JPMORGAN CHASE BANK FASTENAL- SUPPLIES $29.19 JPMORGAN CHASE BANK HESSELBEIN -TIRES $768.44 JPMORGAN CHASE BANK JIM NORTON -PARTS $107.95 JPMORGAN CHASE BANK LENOX- TOWING $95.00 JPMORGAN CHASE BANK LIQUIDSPRING -ERROR $2,197.34 JPMORGAN CHASE BANK LOWES- SUPPLIES $32.26 JPMORGAN CHASE BANK ODP- SUPPLIES $56.10 10 Claims List - 02/07/2023 Fund Vendor Name Payable Description Payment Amount 70 CITY GARAGE JPMORGAN CHASE BANK P &K -PARTS $19.16 JPMORGAN CHASE BANK PTG -PARTS $785.58 JPMORGAN CHASE BANK SAMS- SUPPLIES $30.66 UNIFIRST HOLDINGS LP UNIFORMS $67.74 CITYGARAGE -Total $6,095.95 CITY GARAGE -Total $6,095.95 76 WORKERS' COMP SELF -INS ARTHUR J GALLAGHER WORK COMP AUDIT $5,260.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS $3,217.28 WORKERS' COMP SELF -INS -Total $8,477.28 WORKERS' COMP SELF -INS -Total $6,477,28 City Grand Total $901,085.78 11 TO: The Honorable Mayor and City Council FROM: Earl Farris, Project Administrator SUBJECT: Acceptance of Infrastructure Improvements for Garrett Creek Mutual Access Easements DATE: February 3, 2023 BACKGROUND: The subject commercial development "Garrett Creek Mutual Access Easements" is located approximately 2,300 linear feet south of East 116th Street North, off of North 135th East Avenue (west service road), see map. The public infrastructure improvements consist of a driveway approach and sidewalk, sanitary sewer infrastructure, and a concrete bridge and headwalls. FINAL INSPECTIONS: Final inspections for the infrastructure components were completed in January 2023, by the Public Works Department. All standards for acceptance have been met. Additionally, the construction contractor has supplied the necessary two -year maintenance bond. RECOMMENDATION: Staff recommends acceptance of the public infrastructure improvements. ATTACHMENTS: Location Map City Attorney Approved Bond Garrett Creek Mutual Access Easement Roads r' = 375 n Location Map 01/17/2023 This map may re resents a visual display of related geographic information. Data provided here on is not guarantee of acutual field conditions. To be sure of complete accuracy please contact the responsible staffpfor most up- to-date information. Farris, Earl From: Wingert Shellie Sent: Monday, October 17, 2022 10:24 AM To: Hancock, Brandon Cc: Lombardi, Julie; Farris, Earl; Wingert Shellie Subject: RE: Bonds for Garrett Creek MAE Projects Good morning Brandon, I have reviewed the Garrett Creek MAE Projects maintenance bond at your request. The attorney -in -fact signature is authorized, the surety is licensed to do business in Oklahoma, and the amount of the bond is well within the surety's $81,790,000 underwriting limitation. Therefore, the bond is approved. Thank you, Shellie Shellie Wingert Legal Assistant City of Owasso 200 S. Main Street Owasso, OK 74055 swingertt@citvofowasso.com 918 - 376 -1548 From: Hancock, Brandon <BHancock @CityOfOwasso.com> Sent: Monday, October 17,2022 10:04 AM To: Wingert Shellie <swingert @cityofowasso.com> Cc: Lombardi, Julie ULombardi @CityOfOwasso.com >; Farris, Earl <efarris @CityOfOwasso.com> Subject: Bonds for Garrett Creek MAE Projects Shellie- Please review bond and reply all with your findings. Thanks for your assistance. Brandon Hancock, CPII Infrastructure Inspector Owasso Public Works office: 918 272 -4959 fax: 918 272 -4996 cell: 918 693 -0373 bhancock@citvofowasso.com 1 Maintenance Bond PRIVATELY ]FINANCED PUBLIC IMPROVEMENTS Bond No: 800105617 KNOW ALL MEN BY THESE PRESENTS, That we Paragon Contractors, L.L.C. as Principal (Developer and Contractor), and Atlantic Specialty Insurance Company as Surety, are held and firmly bound unto the City of Owasso, Oklahoma, as Obligee, in the penal sum of Two Hundred Twenty -eight Thousand Three Hundred Fifty -oue and 32/100- ($228,351.32) to which payment will and truly to be made, we do bind ourselves, and each of our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents. WHEREAS, the Principal will furnish a bond conditioned to guarantee, for the period of TWO YEARS after final approval of the Garrett Creek Mae Drive, a privately financed public improvement, and acceptance of such by the City Council of the City of Owasso, Oklahoma, against all defects in workivanship and materials which may become apparent in such privately financed public improvement during said period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that the Principal and /or Surety shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship in the privately financed public improvement which may become apparent during the said period. SIGNED, SEALED, AND DATED: October 13, 2022 Paragon Contractors, L.L.C., Principal Atlantic Specialty Insurance Company, Surety BY: Attorney -in -Fact hfqijeffite L, Drey One Beacon INSUI(ANCC 0110111' Former of Attorney KNOW ALL MEN RY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with Its principal office In Plymouth Minnesota, does hereby constitute and appoint: David A. Dominion[, Jacqueline L, Drey, Mauro P. Kelly, Joan Lou, Sharon K. Murray, Kevin J. Stanger, each Individually if there be more than one named, its we and lawful Attorney -In -Pact, to make, execute, seal and deliver, for and on Its behalf as surety, eery and all bonds, recwgnlzances, contracts of Indemnity, and all other writings obligatory In the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of; unlimited and the execution of such bonds, recognfzonces, contracts of indemnity, and all other writings obligatory in the nature thereof hr pursuance of these presents, shall be as binding upon.said Company in If they had been fully signed by all tonhonlzed officer of ilia Company and sealed whit the Company seal. This Power of Attorney Is made and executed by authority of rite following resolutions adopted by the Hoard of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty -fifth day of September, 2012: Resolved: That ilia Presi dent, any Senior Vice President or Vice- President(eadn an"Autmrized OfNcer')may execute for and in behalf of ilia Company any and all bonds, recognfzances, contracts of indemnity, and all other writings obligatory in the nature thereof, slid affix the scat of lire Company dents; and that the Authorized Officer may appoint slid authorize an Attorney -0n -Pact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer pray many (tine remove any such Attomoy -tin -Pact and revoke all power and authority given to any such Attomcy -ln- Pact. Resolved: That the Altomey- Infiact may be given full power and authority to execute for and In ilia name and on behalf of the Company any and all bonds, recognizsuees, contracts of huh milly, slid all other wrl rings obligatory In the Maine thereof, and any such Instrument executed by any sude Altomey -its -Pact shall be as binding upon the Company as If signed and sealed by nn Authorized Officer and, further, ilia Al amey -In -Pact is hereby aphorized to verify any affidavit required to be attached to bonds, recognlzonces, contracts of indemnity, and all other writings obligatory In Ore nature thereof, This power of attorney is signed and sealed by facshnile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty -fifth day of September, 2012: Resolved: Thatthesignature of on Authorized Officer, the signature of (he Secretary or the Assistant Secretary, and ilia Company seal maybe affixed by facsimile to any power of attomey or to any certificate relating thereto appointing an Altomey -in -Pact for purposes only of executing and scaling any, bond, undertaking, recognizance or other wrillen obilgadon In die nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as (he original signature of such officer slid (lie original seat of the Company, to he wand and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of tree Company to be alibied this twenty - seventh day of April, 2020. STATE OF MINNESOTA By Paul J. Hrebm, Satan Vice President HENNEPIN COUNTY On this twenty- seventh day of April, 2020, before me personally came Paul J. Diablo, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, (a mo personally known to be the Individual and officer described ht and who executed the preceding instrument. and he acknowledged the execution of tine same, and being by me duty sworn, that he is die sold officer afthe Company aforesaid, and that die seal affixed to the preceding laslmment is the seat of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said Ins nimenl by (lie authority and at the direction of the Company. LQALISON OWAN NAS TROUT NOTARYPUSLIC IMNNESOTA My Commission Expires Notary Public 1, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing powerof attorney Is In full force and has not been revoked, and the resolutions set. forth above are now In force. Signed and sealed. Dated 13th dayor October 22_002 January 3l, 2025 Kam Borrow, Secretary To be attached to and form a part of CHANGE RIDER Maintenance Bond Bond No. 800105617 Issued by ATLANTIC SPECIALTY INSURANCE COMPANY, 605 Highway 169 North, Suite 800, Plymouth, Minnesota, USA 55441 as Surely on behalf of Paragon Contractors, LLC , as Principal in favor of City of Owasso with reference to Garrett Creek Mae Drive 13th of October 2022 It Is hereby understood and agreed that the following Item is amended: Bond No. Is changed from 800105617 to 800105619 Signed, seated and dated this 2nd day of November , 2022 BY: Witness Paragon Contractors, LLC Principal Name: Title: Atlantic Specialty Insurance Company ilne s Attcro-IrY-IlUict / Jacqueline L. Drey B- 20.002 Rev. 11/2021 effective the 605 Highway 169 North, Suite 800 I Plymouth, Minnesota, USA 55441 Web: Inlactspeciaily.com /surely E-mail: surety ®Intactinsurance.com Page 1 of 1 One Beacon Power of Attorney 1 II a UitA nee GROUP KNOW ALI. MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with Its principal office in Plymouth, Minnesota, does hereby constitute and appolm: David A. Dondniani, Jacqueline L. Droy, Moura P. Kelly, Joan Len, Sharon R. Murray, Revin J. Stenger, each Individually If them be more Ilion one named, its true and lawful Attomey -In-Fact, to make, execute, seal and deliver, for and on Its behalf as surety, any and all bonds, recognizances, contracts of Indemnity, and all other writings obligatory In the nature thereof; provided that uo bond or underialting executed under this authority shall exceed In amount the suns of: unlhntied and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof In pursuance of These presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney Is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIAL'L'Y INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the President, any Senior Vice President or Vice - President (each ors "Authorized Officer ") may execute for and In behalf of die Company ally and all bonds, recognizances, contracts of Indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attomey- In-Pact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove anysuch Atmmey -In -Fact and revoke all power and authority given to any such Attomey -In- Fact. Resolved: That the Attorney -In -Fact may be given full power and authority to execute for and In the name and on behalf of the Company any and all bonds, recognizances, contracts of Indemnity, and all other writings obligatory In ilia nature thereof, and any such instrument executed by any such Allomey- In- Fact $ball be as binding upon the Company as If signed and sealed by an Authorized Officer and, further, the Attomey -In -Fact Is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of Indemnity, and all other wrongs obligatory In the nature thereof. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY oil the twenty -fifth day of September, 2012: Resolved: Thal the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsinhlle to any power of attorney or to any cenifica e, relating thereto appointing an Allomey -ln -Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation fn the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and die original seat of the Company, to be valid and binding upon the Company with lite sanne force and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and tie seal of die Company to be affixed this twenty - seventh day of April, 2020. STATE OF MINNEPaul J. Brehm, Senior Vice President HENNEPIN COUNTY On this twenty- seventh day of April, 2020, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the Individual and officer described In and who executed the preceding hu mmem, and lie acknowledged the execution of the same, and being by me duly sworn, that lie Is the sold officer of the Company aforesaid, and Unit the seal affixed to the preceding Instrument Is die seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said Instrument by the authority and at the direction of the Company. DWAN NASH•TROUT ARY PUBLIC - MINNESOTA Commission Explros January 31, 2025 Notary Public 1, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby comfy that the foregoing power of attorney Is In full force and has not been revoked, and [lie resolutions set forth above are now In force, Signed and sealed. Dared 2nd day of November .2022. This Power of Attorney expires y�jw vow j January 31, 2025 Kam Barrow, Secretary Farris, Earl From: Sean Brown <sean @paragontulsa.com> Sent: Wednesday, November 9, 2022 10:19 AM To: Hancock, Brandon Cc: Farris, Earl Subject: RE: Garrett Creek Mae Drive Maintenance Bond CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content Is safe. Bridge and Headwalls - $123,875.50 Sanitary Sewer - $92,890.82 Driveway - $11,585.00 From: Hancock, Brandon <BHancock @CityOfOwasso.com> Sent: Tuesday, November 08, 2022 10:54 AM To: Sean Brown <sean @paragontulsa.com> Cc: Farris, Earl <efarris @CityOfOwasso.com> Subject: RE: Garrett Creek Mae Drive Maintenance Bond Sean- We noticed you only sent in one Bond for both projects. This is acceptable and has been approved by City Attorney Staff however before we can send to council we need a breakdown of the bond amount and item. Bridge and Headwalls = $$$$$$ Sanitary Sewer= $$$$$$$$ Driveway Approach and public Sidewalk = $$$$$ Total of all 3 need to Add up to Bond amount and signed by Paragon Management. Please scan letter in and email once complete. Thanks Brandon From: Sean Brown <sean(n)paraeontulsa.com> Sent: Thursday, November3, 202211:44AM To: Hancock, Brandon <BHancock(@CitV0fOwasso.com> Subject: Garrett Creek Mae Drive Maintenance Bond CAUTION: This email originated from outside of the organization. Do not dick links or open attachments unless you recognize the sender and know the content Is safe. Brandon, The surety company needed to change the bond number in their system and sent us the attached change rider for our records. Please let me know if you need anything else. TO: The Honorable Mayor and City Council FROM: Earl Farris, Project Administrator SUBJECT: Acceptance of Infrastructure Improvements for 11396 North 135th East Avenue DATE: February 3, 2023 BACKGROUND: The subject commercial development is located at 11396 North 135th East Avenue (Wendy's at Garrett Creek). The public infrastructure improvements consist of sidewalk and handicap ramps. FINAL INSPECTIONS: Final inspections for the infrastructure components were completed in January 2023, by the Public Works Department. All standards for acceptance have been met. Additionally, the construction contractor has supplied the necessary two -year maintenance bond. RECOMMENDATION: Staff recommends acceptance of the public infrastructure improvements. ATTACHMENTS: Location Map City Attorney Approved Bond Wendy's @ Garrett Creek 1" = 381 ft Location Map 01/12/2023 This map may represents a visual display of related geographic information. Data provided here on is no: guarantee of acutual field conditions. To be sure cf complete accuracy, please contact the responsible staff for most up -to -date information. Farris, Earl From: Wingert Shellie Sent: Thursday, June 30, 2022 8:51 AM To: Lombardi, Julie Cc: Hancock, Brandon; Farris, Earl Subject: RE: Wendy's Bond Hello Brandon, I am reviewing Maintenance Bonds forJulie. Feel free to send me any future bonds you have. I have reviewed the Wendy's Bond at your request. The attorney -in -fact signature is authorized, the surety is licensed to do business in Oklahoma, and the amount of the bond is well within the surety's $112,159,000 underwriting limitation. Therefore, the bond is approved. Thank you and have a great day. Shellie Shellie Wingert Legal Assistant 200 S. Main St. Owasso, OK 74055 918 - 376 -1548 swingert@cityofowasso.com From: Lombardi, Julie <JLombardi @CityOfOwasso.com> Sent: Thursday, June 30, 2022 8:43 AM To: Wingert Shellie <swingert@cityofowasso.com> Subject: Fwd: Wendy's Bond Sent from my iPhone Begin forwarded message: From: "Hancock, Brandon" <BHancock @citvofowasso.com> Date: June 30, 2022 at 8:42:17 AM CDT To: "Lombardi, Julie" <JLombardi @cityofowasso.com> Cc: "Farris, Earl" <efarris @cityofowasso.com> Subject: Wendy's Bond Julie- Maintenance Bond PRIVATELY FINANCED PUBLIC IMPROVEMENTS Bond No: RCB0037551 KNOW ALL MEN BY THESE PRESENTS, That we HERITAGE CONCRETE CONSTRUCTION. INC. as Principal (Developer and Contractor), and RLI INSURANCE COMPANY. as Surety, are held and firmly bound unto the City of Owasso, Oklahoma, as Obligee, in the penal suns of THREE THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($3,750.00) to which payment will and truly to be made, we do bind ourselves, and each of our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents. WHEREAS, the Principal will furnish a bond conditioned to guarantee, for the period of TWO YEARS after final approval of the WENDY'S #13348. 11396 N 135"11 E AVE., CITY SIDEWALK, a privately financed public improvement, and acceptance of such by the City Council of the City of Owasso, Oklahoma, against all defects in workmanship and materials which may become apparent in such privately financed public improvement during said period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that the Principal and /or Surety shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship in the privately financed public improvement which may become apparent during the said period. SIGNED, SEALED, AND DATED: June 29.2022 HERITAGE CRETE CONSTRUCTION INC., Principal BY: MaY17. 2012 BY: , Attorney -in -Pact Annissa R. DeJarnett Attach Power of Attorney POWER OF ATTORNEY RLI Insurance Company Contractors Bonding mEd Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: 800 - 645.2402 Know All Alen by These /'resents: That (his Power of Attorney is not valid or in effect unless attached to Elie bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and /or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company ") do hereby make, constitute and appoint: Ronald L Hammond Jennifer L Deatherage, Susan E. Travis Annissa R DeJarInd. jointly or several) , state or Oklahoma its true and lawful Agent(s) and Altorney(s) in Fact, with fill] power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an umount not to exceed Twenty Five Million Dollars (_$25.000.000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and /or Contractors Bonding and Insurance Company, as applicable, have each further certified that Ore following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation. and is now in force rn_wtr "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and /or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 6th day of Aueust 2020 . Insurance Company Contractors Bonding and Insurance Company By Barton W. Davis Vice President Slate of Illinois , N "pss County of Peoria J} SS CERTIFICATE On this 6111 day' of August . 2020 before me, n Notary Public, Personally appeared Benin W Davis , who being by me duly swom, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to be die voluntary act and decd of said corporation. Catherine D. Glover Notary Public 1, Ilse undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify, that [lie attached Power of Attorney is in fill force and effect and is irrevocable; and furthermore, dial the Resolution of the Company ns set font in the Power of Attorney, is now in force. In testimony whereof, have have hereunto set my hand and die seal of the RLI Insurance Con) and/or Co tractos Bondin,pnd Insurance Company— day or RLI Insurance Company Contractors Bonding and Insurance Company Strong Nei ghbor Initiative Building Relationships Today For Stronger Neighborhoods Tomorrow and A Better Community For ALL Strong Neighbor ood Initiative Building a REAL Community Starts with Your Participation Why We Are Here Strong Neighborhoods are the primary component of an attractive and vibrant community. Key to success - Building relationships: 1) Build partnerships between residents and City government 2) Encourage citizens to become engaged in their neighborhoods 3) Foundation of building relationships has expanded to neighborhoods building relationships with other neighborhoods How OSNI HELPS • Establish Neighborhood Networks where no HOA • Work with all neighborhoods to develop plans • Serve as a point of contact between citizens and City departments Neighborhoods 56 Homeowners Associations and Neighborhood Networks /Affiliations, or Apartment complexes are registered with OSNI representing 10,082 Households Nei hborhood Lea ership Conference & Workshops Annual Neighborhood Leadership Conference and Workshops provide leadership training for neighborhood leaders; as well as an opportunity to meet and share ideas with other leaders. Deputy Chief of Police Woodruff presenting at Safety Workshop Neighborhood Grant Program, administered by the Owasso Community Foundation, provides grant funds to recognized neighborhoods in the City of Owasso. Grants have funded a range of beautification Neighborhood projects by supplementing neighborhoods' investments. Grant Program # Neighborhood Grant Neighborhood Total Grants Amount Investment Impact 2019 15 $16,013 $34926 $50939 2020 10 $15447 $49424 $64872 2021 13 $26,077 $86,539 $112,616 2022 9 $23309 $55198 $78507 ENCOURAGE SERVICE Led by a volunteer team of neighborhood & community leaders for project service day in our neighborhoods and community Leadership Team Litter cleanup program and education initiative Dumpster Day - Neighborhood Partnership with Urban Soul Youth Sign Topper Program Partnership with Public Works Department Increases Neighborhoods visibility Sense of belonging and neighborhood pride Alert Neighborhood Program Partnership with Owasso Police Department Custom designed program specific to Owasso neighborhoods Develops neighborhood -based crime prevention organizations Neighborhood Block Part Block parties are an opportunity to encourage neighbors to get to know each other and to renew neighborhood awareness, exchange greetings, and to celebrate the importance of neighborhood relationships. Girl Scout Troop 661 & OSNI as partners received the Youth Achievement Award for our Keep Owasso Clean program Mac - OSNI Leader and KOB Affiliate Champion OSNI web pages: http: [/www.cityof6wasso.c0m /241 1 Free and private social network for neighbors to communicate within their neighborhood and connect to the City. 18,967 members As of January 2023 Owasso Neighborhoods Registered Neighborhoods F Yes, HOA /POA Yes, Neighborhood Network Yes, Apartment No, HOA /POA E 12t Not Registered 0 0.5 1 2 Miles Owasso Boundary Fenceline Owasso City Limits City of Owasso, INCOG, ESRI The Patriot TO: The Honorable Mayor and City Council FROM: Jason Woodruff, Deputy Chief of Police SUBJECT: Owasso Police Department Multi- Purpose Building and Alternate Police Shoot House DATE: February 3, 2023 BACKGROUND: In 2004, the Owasso Police firearms range was closed due to safety issues. The department borrowed range facilities from various agencies until 2008, when the department began leasing a range from a private range facility at a substantial annual rate. In 2011, the decision was made to invest in a new firearms range. The plan was to build the range in phases, with a goal of completion by the end of 2015. The plans for the range included extensive dirt work to build high safety berms around the various shooting areas, concrete walkways, multi - position handgun and rifle lanes, an observation tower, a turning target system, outdoor lighting, covered pavilions for inclement weather, a 360 degree shoot house structure and a multiuse training structure. The handgun and rifle ranges have been completed with a turning target system installed at the handgun range. The range tower has been constructed and the majority of the dirt and concrete work have been completed as well as the outdoor lighting. The next phase of proposed construction is the multiuse structure and the shoot house. PROJECT DESCRIPTION: The multiuse structure would be a 60' x 90' steel and metal building containing an open classroom, restrooms, equipment storage, a rolling overhead door to allow vehicles to be parked inside for scenario training, and two (2) offices for training staff. The building would be used for general classroom instruction as well as training for firearms, SWAT, defensive tactics, K9, TASER, traffic stop practicums, and less lethal munitions. An integrated computer simulator system would be utilized inside the building for various scenario -based trainings. The shoot house structure would be a 30' x 60' steel and metal building constructed with permanent and mobile interior walls, as well as Styrofoam exterior walls designed to allow bullets to pass through the walls into the dirt berms surrounding the structure. The building would be equipped with an elevated catwalk system to allow range staff to safely monitor the activities inside the building as training is being conducted. Professional architectural and engineering services were procured for the design of the shoot house and multiuse structure and a project consultant was hired to assist with preparation of the bid specifications. Owasso Public Works staff has been consulted extensively for the entire project, including design specifications due to the range being located in a flood zone. The base bid consists of the construction of the multiuse structure and alternate bid #I consists of the construction of the shoot house. BID ADVERTISEMENT: Advertisements for bids were published on December 12, 2022, and again on December 19, 2022. The bid opening was held on January 12, 2023, at City Hall. Seven (7) contractors submitted a bid for the project. The bid results are summarized below. PD Multi- Purpose Building and Shoot House Page 2 Bidder Information Base Bid Alternate #1 Total Bid Ascend Commercial Builders 2828 E 15th St $1,270,000.00 $304,500.00 $1,574,500.00 Tulsa, OK 74104 Bravo Builders LLC 114SBroadway $1,110,000.00 $293,000.00 $1,403,000.00 Coweta, OK 74429 Brewer Construction PO Box 967 $1,737,353.00 $246, 830.00 $1,737,353.00 Chouteau, Ok 74337 Builders Unlimited 9835 S 219th E Ave $1,191,981.00 $294,423.00 $1,486,404.00 Broken Arrow, Ok 74014 Hoey Construction 3310 Southwest Blvd $1,242,000.00 $396,000.00 $1,638,OOOA0 Tulsa, OK 74107 Magnum Construction P. O. Box 707 $1,257,000.00 $275,000.00 $1,532,000.00 Broken Arrow, OK 74013 Reco Construction 7033E40thSt $1,241,300.00 $373,630.00 $1,614,930.00 Tulsa, OK 74145 Staff reviewed the bids and verified that the lowest bid, submitted by Bravo Builders LLC, meets all requirements outlined in the bid specifications. FUNDING: Funding is available for this project in the FY23 Police Services Budget and the Capital Improvements Fund. RECOMMENDATION: Staff recommends awarding the base bid and alternate bid #1 to Bravo Builders LLC, of Coweta, Oklahoma, in the amount of $1,403,000.00 and authorization to execute the agreement. ATTACHMENT: Agreement SECTION 9 - AGREEMENT and GENERAL CONDITIONS THIS AGREEMENT is dated as of the day of . by and between THE City of Owasso, Oklahoma (hereinafter called OWNER) and Bravo Builders LLC (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 Police Multi- Purpose Building And /or Alternate Owasso Police Shoot House 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: New Construction of an Owasso Police Multi- Purpose Building and /or Owasso Police Shoot House. 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 Owasso Police Multi- Purpose Building Work will be substantially completed within One Hundred Eighty (180) 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 . The Owasso Police Shoot House Work will be substantially completed within One Hundred Twenty (120) calendar days from the date of Notice to Proceed; and completed and ready for final payment in accordance with the General Conditions within One Hundred Twenty (120) calendar days from the date of Notice to Proceed, which will be on or before 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not 17 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 FIVE HUNDRED Dollars ($500.00) 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 FIVE HUNDRED Dollars ($500.00) 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 an 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 based on 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 90% 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 (507o) 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. 18 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 19 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'W', "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 inclusive, and Standard Drawings. 7.15 Addendum Numbers _ to —, 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. 20 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. 82 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 bind 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. 8.4 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 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 some 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 21 101.02 - 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 spring line 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. 22 101 14 - CONTRACT PAYMENT BOND (STATUTORY BOND): 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 workdays 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, togetherwith the necessary supplies for upkeep and maintenance, and 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. 23 101 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 fumished 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. 24 101.41 - 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 101.46 - 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. 25 101.53 - 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 orwhere "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 - 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. 102.02 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. 102.03 — PRICE IN WORDS OR FIGURES: (1) 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. 26 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 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. 102.04 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." 102.05 - 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. 10206 - 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. Each bidder agrees to comply with all terms of relating to equal employment opportunity. 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 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. 27 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 Owneron account of anysuch 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 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. 10302 — 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. 103.03 - 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 bidderwill be retained until after the contract is executed and bonds approved, after which it will be returned. The Proposal Guaranty of any Bidder 28 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 biddershall 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 employers liability insurance in the amounts required by law. The contractor shall also furnish an Owner's Protective Policy in the same amounts with the Owner as the named insured, issued by the some 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. 10105 - 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 29 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. 30 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). 10405 - REMOVAL AND DISPOSAL OF STRUCTURES AND OBSTRUCTIONS: All materials, structures, or obstructions found on the project which are not to remain in place, orwhich 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. 31 104.07 - 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 105.01 — 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 fort he 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. 32 105 03 - PLANS AND WORKING DRAWINGS: The Owner shall furnish the Contractor with three (3) sets of Plans and Specifications at no cost to the Contractor. Plans will show details of all structures, lines, grades, typical cross sections of the roadway, location, and design of all structures. The contractor shall always keep one set of plans available on the work. 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 and prior to the Pre - Construction Conference, 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 reasonably 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 reasonably 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 SPECIFICATIONS 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. 33 105 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 always have on the work, 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 fhe 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 some 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 12" 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 34 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 Contractor's 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 to minimize interference with the progress or completion of the work being performed by other contractors. Contractors working on the same 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 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 same project. The contractor shall arrange his /her work and shall place and dispose of the materials being used 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 35 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 with construction plans and in a manner that is satisfactory to the Department prior to setting forms or batter boards. From these vertical and horizontal controls, the contractor shall provide competent personnel to layout the project in accordance with construction plans. 10510 - INSPECTION OF WORK: 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, whetherthe 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 36 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. 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 (30) 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 always kept in satisfactory condition. 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. 10515 - FINAL INSPECTION: Upon due notice from the contractor of presumptive completion of the entire project, the Department will inspect 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. 37 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 always have full entry 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 38 rejected and shall be removed immediately from the site of the work unless otherwise instructed by the Depart ment. 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. 39 107 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 ensure 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 40 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: 41 Monthly Anticipated Adverse Weather Delay Workdays 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 contractor's 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. 1. The delay has been documented with Owner in a timely manner and Owner agrees that the delay occurred, and 2. The delay affects work in progress and 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 ensure 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 consideraffon for contracts with the City of Owasso. 108,03 - CHARACTER OF WORKERS METHODS AND EQUIPMENT: The contractor shall always 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: contractor shall always conduct the work 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 42 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 orwelfare. 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. Exceptforsuch 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 some 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. 43 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 forwhich, 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 diff iculty 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 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. 44 109.04 - 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. 45 109 .06 - CONTRACTOR'S OBLIGATION AFTER ACCEPTANCE: Contractor further agrees without cost other than is specially provided for in this contract, at anyond 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 OWNER: CONTRACTOR: LYA By Kelly Lewis, Mayor (SEAL) (SEAL) ATTEST: Title Juliann M. Stevens, City Clerk Title APPROVED AS TO FORM & CONTENT: Julie Trout Lombardi, City Attorney Address for giving notices: 46 TO: The Honorable Mayor and City Council FROM: Brian Dempster, Director of Community Development SUBJECT: Real Property Lease - Garnett Right -of -Way DATE: February 3, 2023 BACKGROUND: Over the last few months, City Staff has been working with Mr. Jared James ( Redbud Group, LLC), concerning a request to lease excess right -of -way (ROW) located immediately to the east of 9202 North Garnett Road. The subject property would be paved and used for additional parking for the commercial development located adjacent to the subject property. ANALYSIS: • The LLC is seeking to lease an area approximately 0.18 acres in size, to accommodate an expansion of the parking lot located at 9202 North Garnett Road, where the now - defunct carwash is located. • The City is currently leasing another excess ROW parcel, immediately to the south of the subject property and adjacent to the commercial development located at 507 East 19th Street North. Said ROW agreement was approved by City Council in late 2022. • Additionally, the City also leases adjacent excess ROW just to the east of 9100 North Garnett Road. Said ROW lease contains paved parking to serve the adjacent restaurant and retail developments. • Further, the City also leases land adjacent to the water tower located at 9540 North 121 st East Avenue. o Both of these existing leases were executed to accommodate additional parking for the adjacent commercial /office developments. • The Draft Lease Agreement outlines a fifty (50) year term, with four (4) different options to renew for ten (10) year periods. The Agreement also states that there will be required payments equating to $1,168.80 per year. o The monthly payments were calculated using a formula that estimated the total price of the subject property, if one was to purchase it outright as an easement. That total amount was then divided by fifty to reach the yearly payment amount. RECOMMENDATION: Staff recommends approval of the Memorandum of Lease Agreement and the Lease Agreement between the City of Owasso, and the Redbud Group, LLC, and authorization to execute the necessary documents. ATTACHMENTS: Aerial Map Lease Legal Description Draft Memorandum of Lease Draft Lease Agreement Aerial Map Garnett Right-of-Way Lease, Redbud Group LLC Subject Tract EXHIBIT Al EXHIBIT OF LEGAL DEICRIPTION NE CORNER LOT 3, BLOCK 1 N ATOR COMMERCIAL CENTER Location Map EXHIBIT Al LEGAL DEtCRIPTION (PROPOIED I EAfE ARE, A PART THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER (SEA NE /4) OF SECTION NINETEEN (19), 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. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT THREE (3), BLOCK ONE (1) OF ATOR COMMERCIAL CENTER FILED AS PLAT NO. 4591; THENCE S 00 °02'34" W, ALONG THE EAST LINE OF SAID PLAT NO. 4591, ALSO BEING PARALLEL TO AND 115.00 FEET WEST OF THE EAST LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SEA SE /4), A DISTANCE OF 196.00 FEET, TO A POINT BEING THE SOUTHEAST CORNER OF LOT THREE (3), BLOCK ONE (1) OF SAID PLAT NO. 4591; THENCE S 00°02'34" W, CONTINUING ALONG THE EAST LINE OF SAID PLAT NO. 4591, A DISTANCE OF 59.05 FEET, TO A POINT BEING THE EASTERLY MOST SOUTHEASTERN CORNER OF LOT FOUR (4) BLOCK ONE (1) OF SAID PLAT NO. 4591, ALSO BEING A POINT ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER (SEA NE /4) OF SECTION NINETEEN (19); THENCE S 89°55'26" E, ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER (SE/4 NE /4), A DISTANCE OF 44.21 FEET; THENCE N 00°34'43" E, A DISTANCE OF 59.68 FEET; THENCE S 89°51'27" W, A DISTANCE OF 19.09 FEET; THENCE N 00°24'09" E, A DISTANCE OF 195.45 FEET; THENCE N 89°55'26" W, PARALLEL TO AND 255.05 FEET NORTH OF THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER (SE /4 NE /4), A DISTANCE OF 26.91 FEET, TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING 0.18 ACRES / 7,791.98 SQUARE FEET. THIS LEGAL DESCRIPTION WAS CREATED ON NOVEMBER 11, 2022, BY ALBERT R. JONES, III, OK PLS #1580, WITH THE BASIS OF BEARINGS FOR SAID TRACT IS S 00 °02'34" W, ALONG THE EAST LINE OF THE ATOR COMMERCIAL CENTER FILED AS PLAT NO. 4591, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF. Surveyor's Statement I, ALBERT JONES III, CERTIFY THE ATTACHED LEGAL DESCRIPTION CLOSES IN ACCORD WITH EXISTING RECORDS, IS A TRUE REPRESENTATION OF THE LEGAL DESCRIPTION AS DESCRIBED, AND MEETS THE MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING OF THE STATE OF OKLAHOMA. ALBERT JONES III OKLAHOMA NO. 1580 918.485.9957 CAM8060 EIM 6J0 -2024 FILE NO. 12593 SHEET 2 OF 2 MEMORANDUM OF LEASE AGREEMENT This Memorandum of Lease Agreement ( "Memorandum ") made and entered into this day of February, 2023, by and between CITY OF OWASSO, an Oklahoma municipal corporation (the "Lessor "), and REDBUD GROUP, LLC, an Oklahoma limited liability company (the "Lessee "). WITNESSETH That effective this date, for good and valuable consideration the undersigned Lessor and Lessee duly entered into and executed a certain Lease Agreement ( "Lease "), as amended from time to time, wherein Lessor leased unto Lessee the following premises described in Exhibit "A" attached hereto and made a part hereof. Unless otherwise defined herein, all terms shall have the definition provided in the Lease. The term of the Lease shall expire on February 7, 2073, unless sooner terminated as provided by the terms of such Lease. Reference is hereby expressly made to the Lease as though all of the terms, agreements, conditions and covenants contained therein were set forth in full in this Memorandum. The Lease contains an express provision binding and rendering obligatory the terms, covenants and conditions thereof upon Lessor and Lessee and their respective successors and assigns. This Memorandum is entered into pursuant to the provision of the Lease, as amended from time to time; however, it is not intended hereby to amend, change or modify, in any manner, any of the terms agreements, conditions and covenants of such Lease. (Signatures on the following pages) Page 1 EXECUTED by Lessor on this 7th February, 2023 LESSOR: CITY OF OWASSO an Oklahoma Municipal Corporation by: Kelly Lewis, Mayor ATTEST: Juliann M. Stevens, City Clerk APPROVED AS TO FORM AND CONTENT: Julie Trout Lombardi, City Attorney Page 2 EXECUTED by Lessee on this day of February, 2023. LESSEE: REDBUD GROUP, LLC an Oklahoma limited liability company by: Bart James, Manager The foregoing instrument was acknowledged before me this ISr day of February, 2023, by Bart James, Manager of Redbud Group, LLC, an Oklahoma limited liability company, on behalf of the limited liability company. My Commission Expires: CINDY L. WORKMAN Notary Public in and for STATE OF OKLAHOMA Commission #16011155 29, 2024 (Notary Seal) Page 3 EXHIBIT "A" LEGAL DESCRIPTION A PART THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER (SE /4 NE /4) OF SECTION NINETEEN (19), 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. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT THREE (3), BLOCK ONE (1) OF ATOR COMMERCIAL CENTER FILED AS PLAT NO. 4591; THENCE S 00°02'34" W, ALONG THE EAST LINE OF SAID PLAT NO. 4591, ALSO BEING PARALLEL TO AND 115.00 FEET WEST OF THE EAST LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SE 14 SE /4), A DISTANCE OF 196.00 FEET, TO A POINT BEING THE SOUTHEAST CORNER OF LOT THREE (3), BLOCK ONE (1) OF SAID PLAT NO. 4591; THENCE S 00°02'34" W, CONTINUING ALONG THE EAST LINE OF SAID PLAT NO. 4591, A DISTANCE OF 59.05 FEET, TO A POINT BEING THE EASTERLY MOST SOUTHEASTERN CORNER OF LOT FOUR (4) BLOCK ONE (1) OF SAID PLAT NO. 4591, ALSO BEING A POINT ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER (SE/4 NE/4) OF SECTION NINETEEN (19); THENCE S 89 °55'26" E, ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER (SE/4 NE/4), A DISTANCE OF 44.21 FEET; THENCE N 00°34'43" E, A DISTANCE OF 59.68 FEET; THENCE S 89°51'27" W, A DISTANCE OF 19.09 FEET; THENCE N 00°24'09" E, A DISTANCE OF 195.45 FEET; THENCE N 89°55'26" W, PARALLEL TO AND 255.05 FEET NORTH OF THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER (SE /4 NE /4), A DISTANCE OF 26.91 FEET, TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING 0.18 ACRES 17,791.98 SQUARE FEET Page 4 LEASE AGREEMENT STATE OF OKLAHOMA ) KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF TULSA ) THIS LEASE AGREEMENT (the "Lease ") is made and entered into by and between CITY OF OWASSO, an Oklahoma municipal corporation (the "Lessor "), and REDBUD GROUP, LLC, an Oklahoma limited liability company (the "Lessee "). WITNESSETH: WHEREAS, Lessor is the owner of a parcel of land located in the City of Owasso, County of Tulsa, State of Oklahoma being more particularly described on Exhibit "A" attached hereto and made a part hereof for all purposes (the "Lessor's Property"); and WHEREAS, Lessee is desirous of leasing the Lessor's Property from Lessor, and Lessor is agreeable to same, subject to the terms and conditions herein. NOW, THEREFORE, for and in consideration of the foregoing Lessor's Property and the mutual and respective covenants and undertakings of Lessor and Lessee hereunder, such parties hereby agree as follows: ARTICLE I DEMISE AND DESCRIPTION OF LESSOR'S PROPERTY 1.01. In consideration of the mutual promises herein made, and subject to all of the terms and conditions hereof, Lessor leases to Lessee, and Lessee accepts from Lessor, the Lessor's Property free and clear of all liens, restrictions and other encumbrances other than those matters of public record (the "Permitted Exceptions "). Notwithstanding anything to the contrary contained herein, Lessor and Lessee acknowledge and agree that the Lessor's Property may be improved, in Lessee's sole discretion, with signage, landscaping, parking and related improvements (the "Improvements "). Improvements shall be at Lessee's sole expense, and Lessee shall be responsible for construction and maintenance of Improvements. ARTICLE II TERM AND RENEWAL OPTION 2.01. The stated term of this Lease shall be for a period of Fifty (50) years, commencing on February 7, 2023 (the "Commencement Date ") and, unless sooner terminated, ending on February 7, 2073. The stated term of this Lease, as same may be and is renewed and extended in accordance with Section 2.02 below or any amendments properly entered into by and between Lessor and Lessee, shall be referred to as the "Term" of the Lease. t 2.02. Provided that Lessee shall not then be in default, then Lessee shall have and is hereby granted four (4) separate and distinct options to renew and extend the Term of this Lease, each for an additional ten (10) years upon the same terms and conditions as herein provided. Such options shall automatically renew and extend the Term of this Lease unless at least thirty (30) days prior to the expiration of the preceding term (whether primary term or option term) Lessee shall notify the Lessor that it has elected not to extend the Lease beyond the current term in effect. 2.03. During the Term of this Lease, and any extensions, the Improvements shall be owned by Lessee. ARTICLE III RENT 3.01. As base rental (the "Base Rent") for the Term of this Lease, Lessee agrees to pay Lessor One Thousand One Hundred and Sixty -Eight Dollars and 80/100 ($1,168.80.00) upon execution of this Lease and One Thousand One Hundred and Sixty -Eight Dollars ($1,168.80) per year thereafter on the 1st day of each February, commencing February, 2024. ARTICLE IV TAXES 4.01. Lessor represents and warrants that the Lessor's property is exempt from ad valorem taxes and, therefore, Lessee shall not be obligated to pay any property taxes. ARTICLE V USE OF LESSOR'S PROPERTY AND COMPLIANCE WITH LAWS 5.01. The Lessor's Property shall be used by Lessee for signage, landscaping, and ancillary purposes to the commercial business purposes. 5.02. Lessee, at its sole cost and expense, shall promptly execute and fulfill any and all applicable orders, directives and requirements and otherwise comply with any and all applicable codes, rules, regulations, ordinances, statutes and laws, (collectively, the "Applicable Laws ") of the municipal, county, state and federal governments, and all agencies, commissions, boards or departments thereof and all other official, public, governmental or quasi - governmental institutions, authorities, subdivisions or instrumentalities having jurisdiction over the Lessor's Property. ARTICLE VI MAINTENANCE REPAIRS AND PAVED AND LANDSCAPED AREAS 6.01. Lessee, at its sole cost and expense, shall maintain, repair, and replace all portions of the Improvements on the Lessor's Property. Lessee, at its sole cost and expense shall at all times keep all portions of the Lessor's Property in good order, condition, and repair and in a clean, sanitary, and safe condition and in accordance with any and all Applicable Laws. Lessee shall not cause waste, damage, or not cause injury to the Lessor's Property. Lessee will surrender and deliver up the Lessor's Property upon the expiration of the Term of this Lease, or its earlier termination, in the same condition which existed after the completion of the Improvements. In the event the Lessor needs to terminate this Lease as to all or a portion of the Lessor's Property during the Term of this Lease for purposes of widening the existing right -of -way or utility relocation on the Lessor's Property, Lessor may do so upon ninety (90) days prior written notice and without penalty or cost except for reimbursement to the Lessee by Lessor for improvements made to the property by Lessee. This amount of reimbursement shall decrease annually as follows: The Lessor shall reimburse the Lessee for the cost of the Improvements (a) 100 % in Year 1; (b) 80% in Year 2; (c) 60% in Year 3; (d) 40% in Year 4; and (e) 20% in Year 5. Notwithstanding anything herein to the contrary, except as provided above, the Lessor shall not be responsible for making any repairs to the property in the event utility construction, maintenance or relocation is required on the Lessor's Property. ARTICLE VII SIGNS 7.01. Lessee, at its sole cost and expense, shall have the exclusive right to erect or attach to the Lessor's Property such signs as it may deem proper and necessary, provided that each such sign complies with all applicable laws. ARTICLE VIII CASUALTY 8.01. In the event the Lessor's Property, or any part thereof excluding Improvements, shall sustain damage for which insurance proceeds are recovered, Lessee shall give prompt written notice thereof to Lessor, and Lessee shall receive all proceeds from any Casualty Insurance to which it may be entitled. ARTICLE IX LESSOR'S LIABILITY 9.01 Except in the event of a wrongful eviction of Lessee by Lessor, Lessor's liability for breach of any covenant hereof shall be expressly limited to the recovery against the Lessor's interest in the Property. If Lessor sells or transfers all or part of the Property, such transfer shall be subject to all the terms and conditions of this Lease including (without limitation) Lessee's Right of First Refusal. Lessor shall not be liable for any injuries or damages occurring on the Property during the term of this lease, and Lessee hereby agrees to indemnify Lessor for any such damages which Lessor may be required to pay arising out of accidents, injuries or occurrences on the Property during the lease term. ARTICLE X FORCE MAJEURE 10.01. Whenever a period of time is herein prescribed for the taking of any action by either party, such party shall not be liable or responsible for, and there shall be excluded from the computation of such period, any delays due to strikes, riots, acts of God, shortages of labor or materials, war, governmental law, regulations or restrictions or any other cause whatsoever beyond the control of the obligated party, not to exceed thirty (30) days. ARTICLE XI RECORDATION 11.01. Lessee may record this lease if so desired at its own expense. Additionally, an approved Memorandum of Lease Agreement will be executed by Lessor and Lessee which Lessee may record if so desired at its own expense. ARTICLE XII QUIET ENJOYMENT 12.01. So long as Lessee shall timely and properly pay the Base Rent, and otherwise perform and satisfy all other obligations, duties and responsibilities required, Lessee shall freely, peacefully and quietly enjoy and occupy the Lessor's Property for the Term of the Lease, subject only to the Permitted Exceptions and the terms and conditions of this lease. ARTICLE XIII MISCELLANEOUS 13.01. No amendment, modification, or alteration of the terms of this Lease shall be binding unless it is in writing, dated contemporaneous with or subsequent to the date of this Lease, and duly executed by the parties to this Lease. 13.02. Any notice, demand, request or other communication required, given or made under or in connection with this Lease shall be deemed delivered, upon receipt, if hand delivered, or whether actually received or not, when deposited in a regular receptacle for the mail, sent by certified mail, return receipt requested, postage prepaid, addressed as follows: If to Lessor: City of Owasso Attn: City Manager PO Box 180 Owasso, OK 74055 If to Lessee: Redbud Group, LLC Attn: Manager 7910 S. 101"East Avenue Tulsa, OK 74133 13.03. This Lease shall be construed under and in accordance with the laws of the State of Oklahoma and is performable in Tulsa County, Oklahoma. 13.04. In case any one or more of the provisions contained in this Lease shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions, and this Lease shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 13.05. If any action at law or in equity is brought by the Lessee, Lessor shall not be responsible for the payment of Lessee's attorney's fees. 13.06. The parties hereby declare that it is impossible to measure in money the damages which will accrue to a party hereto. Therefore, specific performance may be sought and obtained for any breach of this Lease. 13.07. This Lease and all other copies of this Lease, insofar as they relate to the rights, duties, and remedies of the parties, shall be deemed to be one Lease. This Lease may be executed concurrently in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 13.08. This Lease contains the entire agreement between the parties with respect to the subject matter, and Lessor and Lessee acknowledge that they are not relying on any representation or promise of the other, or of any agency or cooperating agent, except as may be expressly set forth in this Lease. 13.09. Whenever herein the singular number is used, the same shall include the plural, and vice versa, and words of any gender shall include each other gender. 13.10. Lessor hereby grants to Lessee a right of first refusal and option to purchase the Lessor's Property. This right is fully subject to all statutory requirements requiring Lessor to obtain bids prior to sale of the property. Provided that Lessee is not then in default hereunder, upon receipt by Lessor of an acceptable, bona fide written offer from a third party to purchase the Lessor's Property, as evidenced by a written contract, Lessor shall provide written notice of the contract to Lessee. Within thirty (30) business days following Lessee's receipt of the Notice, Lessee may elect to exercise its right of first refusal and option to purchase the Lessor's Property upon the same terms and conditions set forth in the third party contract by delivering written notice thereof to Lessor, accompanied by a written contract containing the identical terms and conditions as the third party contract. (Signatures on the following pages) EXECUTED by Lessor on this 7th February, 2023 LESSOR: CITY OF OWASSO an Oklahoma Municipal Corporation by: Kelly Lewis, Mayor ATTEST: Juliann Stevens, City Clerk APPROVED AS TO FORM AND CONTENT: Julie Trout Lombardi, City Attorney EXECUTED by Lessee on this ASi day of February, 2023. LESSEE: REDBUD GROUP, LLC an Oklahoma limited liability company Manager STATE OF OKLAHOMA ) ss: COUNTY OF TULSA ) The foregoing instrument was acknowledged before me this 1st day of February, 2023, by Bart James, Manager of Redbud Group, LLC, an Oklahoma limited liability company, on behalf of the limited liability company. Notary CINDY L. WORKMAN Notary Public in and for STATE Of OKLAHOMA Commission #16011155 Expires: November 29, 2024 (Notary Seal) EXHIBIT "A" LEGAL DESCRIPTION A PART THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER (SE14 NE /4) OF SECTION NINETEEN (19), 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. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT THREE (3), BLOCK ONE (1) OF ATOR COMMERCIAL CENTER FILED AS PLAT NO. 4591; THENCE S 00°02'34" W, ALONG THE EAST LINE OF SAID PLAT NO. 4591, ALSO BEING PARALLEL TO AND 115.00 FEET WEST OF THE EAST LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SE /4 SE /4), A DISTANCE OF 196.00 FEET, TO A POINT BEING THE SOUTHEAST CORNER OF LOT THREE (3), BLOCK ONE (1) OF SAID PLAT NO, 4591; THENCE S 00°02'34" W, CONTINUING ALONG THE EAST LINE OF SAID PLAT NO. 4591, A DISTANCE OF 59.05 FEET, TO A POINT BEING THE EASTERLY MOST SOUTHEASTERN CORNER OF LOT FOUR (4) BLOCK ONE (1) OF SAID PLAT NO. 4591, ALSO BEING A POINT ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER (SE /4 NE /4) OF SECTION NINETEEN (19); THENCE S 89°55'26" E, ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER (SE/4 NE/4), A DISTANCE OF 44.21 FEET; THENCE N 00°34'43" E, A DISTANCE OF 59.68 FEET; THENCE S 89°51'27" W, A DISTANCE OF 19.09 FEET; THENCE N 00°24'09" E, A DISTANCE OF 195.45 FEET; THENCE N 89°55'26" W, PARALLEL TO AND 255.05 FEET NORTH OF THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER (SE 14 NE14), A DISTANCE OF 26.91 FEET, TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING 0.18 ACRES / 7,791.98 SQUARE FEET CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 1114123 Department Payroll Expenses Total Expenses 105 Municipal Court 6,258.51 9,838.11 110 Managerial 26,730.45 36,955.21 120 Finance 19,462.18 30,193.27 130 Human Resources 11,432.27 16,674.06 160 Community Development 20,615.78 31,170.01 170 Engineering 21,787.16 33,430.07 175 Information Systems 19,342.25 27,431.74 181 Support Services 11,279.30 16,713.72 190 Cemetery 1,416.35 2,960.01 201 Police Grant Overtime 215 Central Dispatch 2,774.56 4,112.47 221 Animal Control 6,198.31 8,635.77 280 Emergency Preparedness 2,627.02 3,654.05 370 Stormwater /ROW Maint. 8,796.89 14,471.48 515 Park Maintenance 9,497.90 14,886.27 520 Culture /Recreation 8,466.60 13,973.93 550 Community- Senior Center 7,513.83 9,996.49 580 Historical Museum 832.40 929.37 720 Strong Neighborhood 417.38 514.79 General Fund Total 185.449.14 276,540.82 185 Garage Fund Total 10 804.96 17 917.75 255 Ambulance Fund Total 553.85 618.38 215 E911 Communication 26,596.28 40,677.05 250 Fire Fund 37 Total 211,946.69 324,787.32 201 Police Fund 38 Total 220,296.61 328,659.20 300 Streets Fund 39 Total 22,823.86 38,596.67 370 Stormwater Fund 27 Total 6,569.27 10,969.71 150 Worker's Compensation Total 720 Strong Neighborhoods Total 4,503.99 6,440.66 Department 105 Municipal Court 110 Managerial 120 Finance 130 Human Resources 160 Community Development 170 Engineering 175 Information Systems 181 Support Services 190 Cemetery 201 Police Grant Overtime 215 Central Dispatch 221 Animal Control 280 Emergency Preparedness 370 Stormwater /ROW Maint. 515 Park Maintenance 520 Culture /Recreation 550 Community- Senior Center 580 Historical Museum 720 Strong Neighborhood CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 1128123 Payroll Expenses Total Expenses 6,498.35 10,088.29 4,112.47 26,960.45 37,246.29 7,637.93 19,412.17 30,138.95 11, 551.02 16, 818.92 8,545.89 20, 595.00 31,144.99 21,777.62 33,415.22 14,371.32 19,167.25 27,241.60 11,185.21 16,602.42 7,441.33 1,467.79 3,020.80 2,774.56 4,112.47 5,330.38 7,637.93 2,627.02 3,654.uo 8,545.89 14,171.93 9,071.46 14,371.32 8,426.60 13,930.47 7,441.33 9,915.98 832.40 929.37 420.00 517.98 General Fund Total 184,084.50 274,958.98 185 Garage Fund Total 10,804.96 17,917.71 255 Ambulance Fund Total 553.85 618.38 215 E911 Communication 27,481.32 42,155.70 250 Fire Fund 37 Total 217,543.60 332,847.65 201 Police Fund 38 Total 228,274.96 341,053.64 300 Streets Fund 39 Total 22,862.64 38,646.24 370 Stormwater Fund 27 Total 6,564.78 10,965.02 150 Worker's Compensation Total 720 Strong Neighborhoods Total 4,884.25 6,905.92 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 1131 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE STOP LOSS FEES ADMIN FEES HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE DENTAL DEPT TOTAL VSP ADMIN FEES ADMIN FEES VISION DEPT TOTAL AMOUNT 41,753.96 51,254.39 37,774.62 39,932.07 49,30929 59,470.85 94,210.70 4,392.96 378,098.84 5,087.58 4,956.00 10,043.58 87.39 1,462.21 1,549.60 HEALTHCARE SELF INSURANCE FUND TOTAL 389,692.02 Scoff A. Thompson OKLAHOMA p Kevin Stitt Executive Director Environmental Governor Quality January 24, 2023 Mr. Roger Stevens, Public Works Director City of Owasso P.O. Box 180 (200 S. Main) Owasso, Oklahoma 74055 -0180 Re: Permit No. SL000072220888 Sanitary Sewer Line to Serve 5th Avenue Business Park Facility No. S -21310 Dear Mr. Stevens: Enclosed is Permit No. SL000072220888 for the construction of 711 linear feet of eight (8) inch PVC sanitary sewer line and all appurtenances to serve 5th Avenue Business Park, Tulsa County, Oklahoma. The project authorized by this permit should be constructed in accordance with the plans approved by this Department on January 24, 2023. Any deviations from the approved plans and specifications affecting capacity, flow or operation of units must be approved, in writing, by the Department before changes are made. Receipt of this permit should be noted in the minutes of the next regular meeting of the City of Owasso, after which it should be made a matter of permanent record. We are returning one (1) set of the approved plans to you, one (1) set to your engineer and retaining one (1) set for our files. Respectfully, Qusay Kabariti, P.E. Construction Permit Section Water Quality Division QK/RC /md Enclosure c: Debbie Nichols, Regional Manager, DEQ TULSA DEQ OFFICE Aaron S. Hale, P.E., Engineered By Design, PLLC 707 N. ROBINSON ST., OKLAHOMA CITY, OK 73102 - OFFICE: 405- 702 -0100 STATE OF OKLAHOMA OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY - DEQ.OK.GOV Scott A. Thompson Executive Director OKLAHOMA Environmental Quality PERMIT TO CONSTRUCT Kevin Stitt Governor PERMIT No. SL000072220888 SEWER LINES FACILITY No. S -21310 January 24, 2023 Pursuant to O.S. 27A 2 -6 -304, the City of Owasso is hereby granted this Tier I Permit to construct 711 linear feet of eight (8) inch PVC sanitary sewer line and all appurtenances to serve the 5th Avenue Business Park, located in Section 31, T -21 -N, R -17 -E, Tulsa County, Oklahoma, in accordance with the plans approved January 24, 2023. By acceptance of this permit, the permittee agrees to operate and maintain the facilities in accordance with the "Oklahoma Pollutant Discharge Elimination System Standards - OPDES" (OAC 252:606) rules and to comply with the state certification laws, Title 59, Section 1101 -1116 O.S. and the rules and regulations adopted thereunder regarding the requirements for certified operators. This permit is issued subject to the following provisions and conditions. 1) That the recipient of the permit is responsible that the project receives supervision and inspection by competent and qualified personnel. 2) That construction of all phases of the project will be started within one year of the date of approval or the phases not under construction will be resubmitted for approval as a new project. 3) That no significant information necessary for a proper evaluation of the project has been omitted or no invalid information has been presented in applying for the permit. 4) That wherever water and sewer lines are constructed with spacing of 10 feet or less, sanitary protection will be provided in accordance with OAC 252:656- 5- 4(c)(3) of the standards for Water Pollution Control Facility Construction. 5) That tests will be conducted as necessary to ensure that the construction of the sewer lines will prevent excessive infiltration and that the leakage will not exceed 10 gallons per inch of pipe diameter per mile per day. 6) That the Oklahoma Department of Environmental Quality shall be kept informed of occurrences which may affect the eventual performance of the works or that will unduly delay the progress of the project. 7) That the permittee will take steps to assure that the connection of house services to the sewers is done in such a manner that the functioning of the sewers will not be impaired and that earth and ground water will be excluded from the sewers when the connection is completed. 8) That any deviations from approved plans or specifications affecting capacity, flow or operation of units must be approved by the Department before any such deviations are made in the construction of this project. 707 N. ROBINSON ST., OKLAHOMA CITY, OK 73102- OFFICE: 405 -702 -0100 STATE OF OKLAHOMA - OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY - OEQ.OK.GOV Scott A. Thompson OKLAHOMA Kevin Stitt Executive Director aEnvironmental Governor Quality PERMIT No. SL000072220888 SEWER LINES FACILITY No. S -21310 PERMIT TO CONSTRUCT 9) That any notations or changes recorded on the official set of plans and specifications in the Oklahoma Department of Environmental Quality files shall be part of the plans as approved. 10) That the recipient of the permit is responsible for the continued operation and maintenance of these facilities in accordance with rules and regulations adopted by the Environmental Quality Board, and that this Department will be notified in writing of any sale or transfer of ownership of these facilities. 11) The issuance of this permit does not relieve the responsible parties of any obligations or liabilities which the permittee may be under pursuant to prior enforcement action taken by the Department. 12) That the permittee is required to inform the developer /builder that a DEQ Storm Water Construction Permit is required for a construction site that will disturb one (1) acre or more in accordance with OPDES, 27A O.S. 2 -6 -201 et. seq. For information or a copy of the GENERAL PERMIT (OKR10) FOR STORM WATER DISCHARGES FROM CONSTRUCTION ACTIVITIES, Notice of Intent (NO]) form, Notice of Termination (NOT) form, or guidance on preparation of a Pollution Prevention Plan, contact the Storm Water Unit of the Water Quality Division at P.O. Box 1677, Oklahoma City, OK 73101 -1677 or by phone at (405) 702 -8100. 13) That all manholes shall be constructed in accordance with the standards for Water Pollution Control Facility Construction (OAC 252:656 -5 -3), as adopted by the Oklahoma Department of Environmental Quality. 14) That when it is impossible to obtain proper horizontal and vertical separation as stipulated in Water Pollution Control Facility Construction OAC 252:656- 5- 4(c)(1) and OAC 252:656- 5- 4(c)(2), respectively, the sewer shall be designed and constructed equal to water pipe, and shall be pressure tested using the ASTM air test procedure with no detectable leakage prior to backfilling, in accordance with the standards for Water Pollution Control Facility Construction OAC 252:656-5 - 4(c)(3). Failure to appeal the conditions of this permit in writing within 30 days from the date of issue will constitute acceptance of the permit and all conditions and provisions. Division 707 N. ROBINSON ST., OKLAHOMA CITY, OK 73102 - OFFICE: 405- 702 -0100 STATE OF OKLAHOMA- OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY - DEQ.OK.GOV Scott A. Thompson OKLAHOMA Kevin Stitt Executive Director 10" Environmental Governor Quality January 24, 2023 Mr. Roger Stevens, Public Works Director City of Owasso P.O. Box 180 (200 S. Main) Owasso, Oklahoma 74055 -0180 Re: Permit No. WL000072220887 Potable Water Line Extension for 5th Avenue Business Park Facility No. 3002718 Dear Mr. Stevens: Enclosed is Permit No. WL000072220887 for the construction of 1,239 linear feet of twelve (12) inch PVC, 890 linear feet of eight inch PVC potable water line and all appurtenances to serve the 5th Avenue Business Park, Tulsa County, Oklahoma. The project authorized by this permit should be constructed in accordance with the plans approved by this Department on January 24, 2023. Any deviations from the approved plans and specifications affecting capacity, flow or operation of units must be approved, in writing, by the Department before changes are made. Receipt of this permit should be noted in the minutes of the next regular meeting of the City of Owasso, after which it should be made a matter of permanent record. We are returning one (1) set of the approved plans to you, one (1) set to your engineer and retaining one (1) set for our files. Respectfully, Qusay Kabariti, P.E. Construction Permit Section Water Quality Division QK/RC /md Enclosure c: Debbie Nichols, Regional Manager, DEQ TULSA DEQ OFFICE Aaron S. Hale, P.E., Engineered By Design, PLLC 707 N. ROBINSON ST, OKLAHOMA CITY, OK 73102 -OFFICE: 405402 -0100 STATE OF OKLAHOMA OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY - DEQ.OK.GOV Scott A. Thompson Executive Director OKLAHOMA Environmental Quality PERMIT TO CONSTRUCT Kevin Stitt Governor PERMIT No. WL000072220887 WATER LINES FACILITY No. 3002718 January 24, 2023 Pursuant to O.S. 27A 2 -6 -304, the City of Owasso is hereby granted this Tier I Permit to construct 1,239 linear feet of twelve (12) inch PVC, 890 linear feet of eight inch PVC potable water line and all appurtenances to serve the 5th Avenue Business Park, located in Section 31, T -21 -N, R -17 -E, Tulsa County, Oklahoma, in accordance with the plans approved January 24, 2023. By acceptance of this permit, the permittee agrees to operate and maintain the facility in accordance with the Public Water Supply Operation rules (OAC 252:631) and to comply with the State Certification laws, Title 59, Section 1101 -1116 O.S. and the rules and regulations adopted thereunder regarding the requirements for certified operators. This permit is issued subject to the following provisions and conditions. 1) This water line provides adequate fire flow in accordance with the 2009 International Fire Code through the approved hydraulic analysis. The fire flow provided is 3,250 gpm. 2) That the recipient of the permit is responsible that the project receives supervision and inspection by competent and qualified personnel. 3) That construction of all phases of the project will be started within one year of the date of approval or the phases not under construction will be resubmitted for approval as a new project. 4) That no significant information necessary for a proper evaluation of the project has been omitted or no invalid information has been presented in applying for the permit. 5) That the Oklahoma Department of Environmental Quality shall be kept informed on occurrences which may affect the eventual performance of the works or that will unduly delay the progress of the project. 6) That wherever water and sewer lines are constructed with spacing of 10 feet or less, sanitary protection will be provided in accordance with Public Water Supply Construction Standards [OAC 252:626- 19 -2]. 7) That before placing this facility into service, at least two samples of the water, taken on different days, shall be tested for bacteria to show that it is safe for drinking purposes. 8) That any deviations from approved plans or specifications affecting capacity, flow or operation of units must be approved by the Department before any such deviations are made in the construction of this project. 707 N. ROBINSON ST., OKLAHOMA CITY. OK 73102 OFFICE: 405- 702 -0100 STATE OF OKLAHOMA OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY - DEQ.OK.GOV Scott A. Thompson ►> OKLAHOMA Kevin Stitt Executive Director Environmental Governor ! ^® Quality PERMIT No. WL000072220887 WATER LINES FACILITY No. 3002718 PERMIT TO CONSTRUCT 9) That the recipient of the permit is responsible for the continued operation and maintenance of these facilities in accordance with rules and regulations adopted by the Environmental Quality Board, and that this Department will be notified in writing of any sale or transfer of ownership of these facilities. 10) The issuance of this permit does not relieve the responsible parties of any obligations or liabilities which the permittee may be under pursuant to prior enforcement action taken by the Department. 11) That the permittee is required to inform the developer /builder that a DEQ Storm Water Construction Permit is required for a construction site that will disturb one (1) acre or more in accordance with OPDES, 27A O.S. Section 2 -6 -201 et seq. For information or a copy of the GENERAL PERMIT (OKR10) FOR STORM WATER DISCHARGES FROM CONSTRUCTION ACTIVITIES, Notice of Intent (NO[) form, Notice of Termination (NOT) form, or guidance on preparation of a Pollution Prevention Plan, contact the Storm Water Unit of the Water Quality Division at P.O. Box 1677, Oklahoma City, OK 73101 -1677 or by phone at (405) 702 -8100. 12) That any notations or changes recorded on the official set of plans and specifications in the Oklahoma Department of Environmental Quality files shall be part of the plans as approved. 13) That water lines shall be located at least fifteen (15) feet from all parts of septic tanks and absorption fields, or other sewage treatment and disposal systems. 14) That whenever plastic pipe is approved and used for potable water, it shall bear the seal of the National Sanitation Foundation and meet the appropriate commercial standards. 15) That when it is impossible to obtain proper horizontal and vertical separation as stipulated in Public Water Supply Construction Standards OAC 252:626- 19- 2(h)(1) and OAC 252:626- 19- 2(h)(2), respectively, the sewer shall be designed and constructed equal to water pipe, and shall be pressure tested to the highest pressure obtainable under the most severe head conditions of the collection system prior to backfilling. Failure to appeal the conditions of this permit in writing within 30 days from the date of issue will constitute acceptance of the permit and all conditions and provisions. Water 707 N. ROBINSON ST., OKLAHOMA CITY, OK 73102 • OFFICE: 405 -702 -0100 STATE OF OKLAHOMA • OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY - DEQ,OK.GOV SECTION 00600 CHANGE ORDER PROJECT: OW WTP & Main Lift Station Expansion CHANGE ORDER NUMBER: 11 CONTRACT DATE: December 1, 2020 DATE: August 19, 2022 TO CONTRACTOR: Crossland Heavy CONTRACT FOR: OW WTP Upgrade The Contract is changed as follows: Location for the Back -Flow Preventer (BFP) was moved to the maintenance building. This proposed cost includes the credit for all the piping, hotbox, and labor that was bid originally to be constructed outside. The new scope includes removing a portion of the existing slab, hand excavation and installation of the new BFP inside the building_ There is also a new valve added that was not a part of the original scope. Change order includes material, labor, payroll additives, equipment, and profit bring the cost of CO#11 to $15,371.31 No additional money is requested as Project Allowance will be utilized for change order. Not valid until signed by the Owner and Contractor The original Contract Sum was $ 21,187,879.00 Net change by previously authorized Change Orders $ $0 The Contract Sum prior to this Change Order was $ 21,187,879.00 The Contract Sum will be (increased) (decreased) (unchanged) by this Change Order in the estimated amount of $ 0 The new Contract Sum including this Change Order will be $ $21,187,879.00 The Contract Time will be (increased) (decreased) (unchanged) by (-0_) days. The date of Substantial Completion as of the date of this Change Order therefore is May 7. 2023. (includes pay app approved days) NOTE: This summary does not reflect changes in the Contract Sum Time which have been authorized by Construction Change Directive. CONTRACTOR ADDRESS L' M ` DATE City of Owasso OWNER 200 South Main ADDRESS Owasso Ok 74055 HIM, �.I SPECIAL PROVISIONS 0509 00900 - Page 1 of 4 SECTION 00600 CHANGE ORDER PROJECT: O W WTP & Main Lift Station Expansion CHANGE ORDER NUMBER: 12 CONTRACT DATE: December 1, 2020 DATE: August 22, 2022 TO CONTRACTOR: Crossland Heavy CONTRACT FOR: OW WTP Upgrade The Contract is changed as follows: The addition of an individual submersible pump station for restroom facilities at the W WTP was added since the accommodations were not a part of the original contract. Also the substantial roofing material price increases during construction is being adjusted to make the difference in cost for the new buildings. The documentation for the material is provided within the allowance authorization. Change order includes material, labor, payroll additives, equipment, and profit bring the cost of CO #12 to $49,263.67 No additional money is requested as Project Allowance will be utilized for change order. Not valid until signed by the Owner and Contractor The original Contract Sum was $ 21,187,879.00 Net change by previously authorized Change Orders $ $0 The Contract Sum prior to this Change Order was $ 21,187,879.00 The Contract Sum will be (increased) (decreased) (unchanged) by this Change Order in the estimated amount of $ 0 The new Contract Sum including this Change Order will be $ $21,187,879.00 The Contract Time will be (increased) (decreased) (unchanged) by LO_) days. The date of Substantial Completion as of the date of this Change Order therefore is May 7.2023. (includes nay son approved days) NOTE: This summary does not reflect changes in the Contract Sum Time which have been authorized by Construction Change Directive. CONTRACTOR ADDRESS m DATE City of Owasso OWNER 200 South Main ADDRESS Owasso Ok 74055 BY DATE SPECIAL PROVISIONS 0509 00900 - Page 1 of 4 SECTION 00600 CHANGE ORDER PROJECT: OW WI"P & Main Lift Station Expansion CHANGE ORDER NUMBER: 13 CONTRACT DATE: December 1, 2020 DATE: October 19, 2022 TO CONTRACTOR: Crossland Heavy CONTRACT FOR: OWWTP Upgrade The Contract is changed as follows: addition of a 4" PVC sludge line to run parallel with the existing 3" line for future expansion of the sludge building with no need to tear up new roadway or existing structures. This will allow for up to 7" of sludge pump lines to be run independently or in parallel as needed for maintenance. LS cost of $44,477.53 which includes a credit for change in conduit material of $9092.00. No additional money is requested as Project Allowance will be utilized for change order. Not valid until signed by the Owner and Contractor The original Contract Sum was $ 21,187,879.00 Net change by previously authorized Change Orders $ $0 The Contract Sum prior to this Change Order was $ 21,187,879.00 The Contract Sum will be (increased) (decreased) (unchanged) by this Change Order in the estimated amount of $ 0 The new Contract Sum including this Change Order will be $ $21,187,879.00 The Contract Time will be (increased) (decreased) (unchanged) by LION days. The date of Substantial Completion as ofthe date of this Change Order therefore is May 17 2023. (includes pay app approved days) 1Q0TE: This summary does not reflect changes in the Contract Sum Time which have been authorized by Construction Change Directive. CONTRACTOR ADDRESS BY DATE City of Owasso OWNER 200 South Main ADDRESS Owasso Ok 74055 DATE SPECIAL PROVISIONS 0509 00900 -Page 1 of 4 SECTION 00600 CHANGE ORDER PROJECT: OW WTP & Main Lift Station Expansion CHANGE ORDER NUMBER: 14 CONTRACT DATE: December 1, 2020 DATE: October 20, 2022 TO CONTRACTOR: Crossland Heavy CONTRACT FOR: OW WTP Upgrade The Contract is changed as follows: LS payment of $48,635.54 to correct flanges and fitting to allow for bellows/ exchanges to fit correctly. Multiple places did not fit per plan and supports are vital in safety and operation of he piping to supply air. Full explanation in change order paperwork attached. No additional money is requested as Project Allowance will be utilized for change order. Not valid until signed by the Owner and Contractor The original Contract Sum was $ 21,187,879.00 Net change by previously authorized Change Orders $ $0 The Contract Sum prior to this Change Order was $ 21,187,879.00 The Contract Sam will be (increased) (decreased) (unchanged) by this Change Order in the estimated amount of $ 0 The new Contract Surn including this Change Order will be $ $21,187,879.00 The Contract Time will be (increased) (decreased) (unchanged) by (_7_) days. The date of Substantial Completion as of the date of this Change Order therefore is May 24 2023. (includes pay app approved daysl NOTE: This summary does not reflect changes in the Contract Sum Time which have been authorized by Construction Change Directive. CONTRACTOR ADDRESS M. DATE City of Owasso OWNER 200 South Main ADDRESS Owasso Ok 74055 DATE i SPECIAL PROVISIONS 0509 00900 - Page 1 of 4 SECTION 00600 CHANGE ORDER PROJECT: OW WT? & Main Lift Station Expansion CHANGE ORDER NUMBER 15 CONTRACT DATE: December 1, 2020 DATE: December 13, 2022 TO CONTRACTOR: Crossland Heavy CONTRACT FOR: OW WTP Upgrade The Contract is changed as follows: Total allowance authorization of $111,376.53. Payment includes changes in Earthwork; Concrete; Asphalt paving; Site Improvements; and additional price increases to asphalt and sod from bid pricing in 2020. Information sheets for additional costs are attached. No additional money is requested as Project Allowance will be utilized for change order. Not valid until signed by the Owner and Contractor The original Contract Sum was $ 21,187,879.00 Net change by previously authorized Change Orders $ $0 The Contract Sum prior to this Change Order was $ 21,187,879.00 The Contract Sum will be (increased) (decreased) (unchanged) by this Change Order in the estimated amount of $ 0 The new Contract Sum including this Change Order will be $ $21,187,879.00 The Contract Time will be (increased) (decreased) (unebanged) by C_15___) days. The date of Substantial Completion as ofthe date of this Change Order therefore is June 8, 2023. (includes all day through CO 151 NOTE: This summary does not reflect changes in the Contract Sum Time which have been authorized by Construction Change Directive. CONTRACTOR al9' M'3`.! DATE City of Owasso OWNER 200 South Main ADDRESS Owasso Ok 74055 BY DATE SPECIAL PROVISIONS 0509 00900 - Page 1 of 4 SECTION 00600 CHANGE ORDER PROJECT: OW WTP & Main Lift Station Expansion CHANGE ORDER NUMBER: 16 CONTRACT DATE: December 1, 2020 DATE: January 4, 2023 TO CONTRACTOR: Crossland Heavy CONTRACT FOR: OWWTP Upgrade The Contract is changed as follows: Additional handrail (safety), Roll off Duinpster guide rails, stainless steel pipe charge increases, Brooks guide rail changes to allow pumps to be removed without obstruction, also included Credits totaling $20,267.00. Total cost of the changes requested in change order 16 $13,996.03. (See attached). No additional money is requested as Project Allowance will be utilized for change order. Not valid until signed by the Owner and Contractor The original Contract Sum was $ 21,187,879.00 Net change by previously authorized Change Orders $ $o The Contract Sum prim to this Change Order was $ 21,187,879.00 The Contract Sum will be (increased) (decreased) (unchanged) by this Change Order in the estimated amount of $ 0 The new Contract Sum including this Change Order will be $ $21,187,879.00 The Contract Time will be (increased) (decreased) (unchanged) by C_0_) days. The date of Substantial Completion as of the date of this Change Order therefore is June 8.2023. (includes all day through CO 15 ) NOTE: This summary does not reflect changes in the Contract Sum Time which have been authorized by Construction Change Directive. Crossland Heavy City of Owasso Contractors, Inc. CONTRACTOR OWNER 14149 E Admiral PI 200 South Main ADDRESS Tulsa, OK 74116 BY Jason C. Smith."'0.:."�"'�'�. DATE ADDRESS Owasso Ok 74055 DATE SPECIAL PROVISIONS 0509 00900 - Page 1 of 4