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HomeMy WebLinkAbout2024.04.16_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL Council Chambers Old Central Building 109 North Birch, Owasso, OK Tuesday, April 16, 2024 - 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 RECnva) 2. Invocation - Pastor Ben Grasser of Central Baptist Church APR 12 2024 3. Flag Salute City Clerk's Office 4. Roll Call 5. 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 - April 2, 2024, and April 9, 2024, Regular Meetings B. Approve claims C. Authorize payment in the amount of $104,614.62 to Tyler Technologies, of Plano, Texas, for annual software maintenance fees related to the computer aided dispatch (CAD) software D. Declare the following vehicles and equipment as surplus to the needs of the City of Owasso and authorize disposal via online auction: VEHICLES and EQUIPMENT: 2005 GMC 250OHD: 1 GHTC24U85E260563 Bobcat Zero Turn Mower SN: 94250401724 2016 Ford F250: I FT7W2B65GEB44019 John Deere 1720 Tractor with Loader: SN: L02155A629243 2010 Ford Crown Vic: 2FABP7BV6AX712767 2016 Ford Explorer: 1 FM5K8AR 1 GGCO8378 1990 AM General Humvee: 104124 2013 Chevy Tahoe: l GNLC2E05DR348720 2011 Ford Crown Vic: 2FABP7BV8BX 108771 2016 Ford Explorer: 1 FM5KAR2GGC 15159 2018 Dodge Charger: 2C3CDXAT3JH188808 ICOP In- Vehicle Camera System Various Parts Storm Sirens & Control Boxes - Qty 16 2012 Chevy Silverado 1500: 1 GCRKPE07CZ210355 2008 Ford F -250: 1 FTSW21578EA93921 2008 Chevy Tahoe: IGNFK130X8R153117 2020 Honda Civic: 2HGFC4B65LH300872 2011 Ford Crown Vic: 2FABP7VXBX 108772 6. Consideration and appropriate action relating to items removed from the Consent Agenda 7. Consideration and appropriate action relating to a contract with BT & Co., PA of Topeka, Kansas for audit services for Fiscal Year ending June 30, 2024 Carly Novozinsky Staff recommends approval of the contract in the amount of $55,000.00 for auditing services for the City and its Trust Authorities; and $4,000.00, each, for any federal grant audits required under the Single Audit Act, and authorization to execute the necessary documents. 8. Consideration and appropriate action relating to a request for a final plat for the Owasso Public Works Facility, containing approximately 63.68 acres and located south of East 116th Street North and east of North 97th East Avenue Wendy Kramer Staff recommends approval of the final plat. Owasso City Council April 16, 2024 Page 2 9. Consideration and appropriate action relating to a construction management services agreement for construction of the new Owasso Public Works Facility Roger Stevens Staff recommends approval of an agreement for At -risk Construction Management services with Miller - Tippens Construction of Glenpool, Oklahoma, where the basis of payment will be the cost of the work, in accordance with the Oklahoma Public Competitive Bidding Act, plus the negotiated service fee for a determined guaranteed maximum price. 10. Report from City Manager 11. Report from City Attorney 12. Report from City Councilors 13. Official Notices (documents for acknowledgment of receipt or information only, no discussion or action will be taken) • Payroll Payment Report - pay period ending date April 6, 2024 • Health Care Self- Insurance Claims - dated as of April 11, 2024 • Monthly Budget Status Report - March 2024 • Change Orders No. 1, 2, and 3 executed by the City Manager or designee for the Fire Station No. 1 Renovation Project 14. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 15. Adjournment Notice of Public Meeting filed in the office of the City Clerk on Friday, December 8, 2023, and the Agenda posted at City Hall, 200 South Main Street, at 3:00 pm on Friday, April 12, 2024. Juliann M. Stevens, City Clerk The City of Owasso encourages citizen participation. To request an accommodation due to a disability, contact the City Clerk prior to the scheduled meeting by phone 918 - 376 -1502 or by email to istevens@citvofowasso.com OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING TUESDAY, APRIL 2, 2024 The Owasso City Council met in regular session on Tuesday, April 2, 2024, in the Council Chambers at Old Central, 109 North Birch, Owasso, Oklahoma per the Notice of Public Meeting filed Friday, December 8, 2023; and the Agenda filed in the office of the City Clerk and posted at City Hall, 200 South Main Street, at 12:00 pm on Friday, March 29, 2024. 1. Call to Order - Mayor Kelly Lewis called the meeting to order at 6:30 pm. 2. Invocation - The Invocation was offered by Reverend Blake Altman, Trinity Presbyterian Church 3. Flag Salute - Vice Mayor Alvin Fruga 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- Lyndell Dunn Councilor- Paul Loving Staff: City Manager - Chris Garrett / City Attorney - Julie Lombardi S. Presentation of Character Trait of Cooperation - Mayor Kelly Lewis presented the character trait for the month of April. 6. Presentation of proclamation declaring Tuesday, April 2, 2024, as Owasso Rams Boys Basketball Day - Mayor Kelly Lewis presented the item. 7. Citizen request to address the City Council regarding the placement of new playground equipment in Centennial Park - Desiree James presented the item. 8. 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 - March 19, 2024, Regular Meeting B. Approve claims Mr. Bonebrake moved, seconded by Mr. Loving, to approve the Consent Agenda as presented, with claims totaling $1,543,790.69. YEA: Bonebrake, Dunn, Loving, Fruga, Lewis NAY: None Motion carried: 5-0 9. Consideration and appropriate action relating to items removed from the Consent Agenda -None 10. Presentation of the monthly Public Works Project Status Report - Roger Stevens presented the item and discussion was held. 11. Report from City Manager - Chris Garrett reported on various city events occurring in the month of April. 12. Report from City Attorney - None 13. Report from City Councilors - None 14. Official Notices - The Mayor acknowledged receipt of the following: • Payroll Payment Report - pay period ending date March 23, 2024 • Health Care Self- Insurance Claims - dated as of March 28, 2024 15. New Business - None 16. Adjournment Mr. Dunn moved, seconded by Mr. Bonebrake, to adjourn the meeting. YEA: Bonebrake, Dunn, Loving, Fruga, Lewis NAY: None Motion carried: 5-0 and the meeting adjourned at 7:17 pm. Kelly Lewis, Mayor Juliann M. Stevens, City Clerk Owasso City Council April 2, 2024 Page 2 OWASSO CITY COUNCIL, PUBLIC WORKS AUTHORITY, AND PUBLIC GOLF AUTHORITY MINUTES OF JOINT REGULAR MEETING TUESDAY, APRIL 9, 2024 The Owasso City Council, Owasso Public Works Authority (OPWA), and Owasso Public Golf Authority (OPGA) met in a joint regular meeting on Tuesday, April 9, 2024, in the Council Chambers at Old Central, 109 North Birch Street, Owasso, Oklahoma, per the Notice of Public Meeting filed Friday, December 8,2023; and the Agenda filed in the office o f f he City Clerk and posted at City Hall, 200 South Main Street, at 12:00 pm on Friday, April 5, 2024. 1. Call to Order - Mayor /Chair Kelly Lewis called the meeting to order at 6:00 pm. A quorum was declared present. 2. Roll Call Present Absent Mayor /Chair- Kelly Lewis None Vice Mayor /Vice Chair - Alvin Fruga Councilor /Trustee - Doug Bonebrake Councilor /Trustee - Lyndell Dunn Councilor /Trustee - Paul Loving Staff: Senior Director- Michele Dempster / City /Authority Attorney - Julie Lombardi 3. Discussion relating to a request for a final plat for the Public Works Facility, approximately 63.68 acres located south of East 116th Street North and east of North 97th East Avenue Wendy Kramer presented the item and discussion was held. It was further explained this item will be placed on the April 16, 2024, City Council agenda for consideration and action. 4. Discussion relating to Finance Department items A. Fiscal Year 2024 -2025 Budget Calendar B. Monthly Sales and Use Tax Report and Revenue Outlook Carly Novozinsky presented items A and B, discussion was held. 5. Discussion relating to a proposed construction management services agreement for construction of the new Public Works Facility Travis Blundell presented the item and discussion was held. It was further explained this item will be placed on the April 16, 2024, City Council agenda for consideration and action. 6. City /Authority Manager report - None 7. City Councilor /Trustee comments and inquiries - None 8. Adjournment - The meeting adjourned at 6:26 pm. Kelly Lewis, Mayor /Chair Juliann M. Stevens, City Clerk Fund 01 GENERAL Claims List - 04/16/2024 Vendor Name Payable Description Payment Amount AT &T PHONE USE $27,88 BLUE ENERGY FUELS LLC CNG FUEL CHARGES MARC $36.59 COX COMMUNICATIONS PHONE USAGE $11.59 FLEETCOR TECHNOLOGIES FUEL CHARGES MARCH 24 $109.06 GARLAND DBS INC INFARED SCAN CH ROOF $2,046.00 JPMORGAN CHASE BANK AMAZON - BRACKETS $21.87 JPMORGAN CHASE BANK AMAZON -FIRST AID $65.68 JPMORGAN CHASE BANK AMAZON- MOUNTS $20.98 JPMORGAN CHASE BANK AMAZON - SAFETY CHAIN $36.99 JPMORGAN CHASE BANK AMAZON- SUPPLIES $21.83 JPMORGAN CHASE BANK DECK STORAGE- TOOLBOX $899.99 JPMORGAN CHASE BANK LIBERTY -FLAGS $731.00 JPMORGAN CHASE BANK LOCKE- SUPPLIES $4,94 JPMORGAN CHASE BANK LOWES- OUTLETS $23.28 JPMORGAN CHASE BANK LOWES- SUPPLIES $241.92 JPMORGAN CHASE BANK ODP- SUPPLIES $4,18 JPMORGAN CHASE BANK SAMS- SUPPLIES $11.98 UNIFIRST HOLDINGS LP BUILD MAINT UNIFORM $28.72 VERIZON WIRELESS WIRELESS CONNECTION $40.01 BUILDING MAINTENANCE -Total $4,384.49 COX COMMUNICATIONS PHONE USAGE $11.59 DALE & LEES SERVICE INC AC REPAIR $153.00 FLEETCOR TECHNOLOGIES FUEL CHARGES MARCH 24 $196.90 JPMORGAN CHASE BANK DUVALL- REPAIRS $2,130.00 VERIZON WIRELESS WIRELESS CONNECTION $160.04 GEN ANIMAL CONTROL •Total $2,651.53 UNIFIRST HOLDINGS LP UNIFORM SERVICES $20.73 GEN CEMETERY -Total AMAZON -SEAT COVERS $20.73 DANETTE TODD SCRAPBOOK CLASS $397.00 DWAYNE TOWNSEND MARTIAL ARTS CLASS $846.00 JAIME UMPHENOUR COOKING CLASS $122.00 KATELYN MCCORMICK COOKIE DECOR CLASS $1,215.00 GEN COMM CTR DONATIONS -Total $2,580.00 COX COMMUNICATIONS PHONE USAGE $19.32 JPMORGAN CHASE BANK AMAZON -SEAT COVERS $31.98 JPMORGAN CHASE BANK CINTAS- SUPPLIES $912.01 JPMORGAN CHASE BANK COX -WIFI $180.00 JPMORGAN CHASE BANK LOWES- SUPPLIES $95.16 JPMORGAN CHASE BANK ONG- NATURAL GAS USAGE $457.43 JPMORGAN CHASE BANK TEAMALERT- BUTTON $185.35 1 Claims List_- 04116/2024 Fund Vendor Name Payable Description Payment Amount 01 GENERAL GEN COMMUNITY CENTER -Total PHONE SERVICE $1,881.25 COX COMMUNICATIONS PHONE USAGE $30.91 FLEETCOR TECHNOLOGIES FUEL CHARGES MARCH 24 $274.70 JPMORGAN CHASE BANK OFFICE DEPOT- POSTER $26.13 JPMORGAN CHASE BANK REGISTER - CONFERENCE $650.00 JPMORGAN CHASE BANK TOMMYS -FLEET $67.97 VERIZON WIRELESS WIRELESS CONNECTION $207.37 GEN COMMUNITY DEVELOPMENT - Total STORM SIRENS $1,257.08 COX COMMUNICATIONS PHONE USAGE $15A5 FLEETCOR TECHNOLOGIES FUEL CHARGES MARCH 24 $40.44 TREASURER PETTY CASH L LANGFORD -LUNCH REIM $60.29 GEN CULTURE & RECREATION -Total $116.18 OWASSO CHAMBER OF COMMERCE ECONOMIC DEVELOPMENT $11,001.67 GEN ECONOMIC DEV • Total $11,001.67 AT &T PHONE SERVICE $3.36 AT &T PHONE USE $27.88 COX COMMUNICATIONS PHONE USAGE $3.86 FLEETCOR TECHNOLOGIES FUEL CHARGES MARCH 24 $79.03 JPMORGAN CHASE BANK AMAZON- KEYPAD $347.25 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES $42.91 JPMORGAN CHASE BANK SUMNER -COLOR COPIES $152.60 VERDIGRIS VALLEY ELECTRIC COOP STORM SIRENS $129.30 VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN EMERG PREPAREDNESS -Total $826.40 COX COMMUNICATIONS PHONE USAGE $30.91 FLEETCOR TECHNOLOGIES FUEL CHARGES MARCH 24 $283.72 JPMORGAN CHASE BANK BD OF RFPE -PE LICENSE $154.00 UNIFIRST HOLDINGS LP UNIFORM SERVICES $63.74 VERIZON WIRELESS WIRELESS CONNECTION $80.02 GEN ENGINEERING -Total $612.39 ADMIRAL INC SAFE REPAIR $325.00 COX COMMUNICATIONS PHONE USAGE $30.91 JPMORGAN CHASE BANK APA LEARNING - TRAINING $742.00 JPMORGAN CHASE BANK CHAMBER -FEES $90.00 JPMORGAN CHASE BANK DELL - MONITORS $325.94 GEN FINANCE -Total $1,513.85 AT &T PHONE SERVICE $10.04 AT &T PHONE USE $111.52 ELIZABETH ANNE CHILDS LEGAL SERVICES $5,970.00 FLEETCOR TECHNOLOGIES FUEL CHARGES MARCH 24 $78.16 E Fund 01 Claims List - 04/16/2024 Vendor Name GENERAL GRAND GATEWAY ECO. DEV. ASSC. JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK KEN RAY UNDERWOOD SUMNERONE INC SUMNERONE INC TREASURER PETTY CASH Payable Description Payment Amount PELIVAN TRANSIT $6,047.50 AMER WASTE- DISPOSAL $119.54 ONG- NATURAL GAS USAGE $833.21 SAMS - SUPPLIES $17.98 SPEC PROSECUTOR FEES $900.00 DOWNSTAIRS COPIER $148.72 UPSTAIRS COPIER $605.07 LISPS -PO BOX RENTAL $436.00 GEN GENERAL GOVERNMENT -Total $15.277,74 COX COMMUNICATIONS PHONE USAGE $3.86 JPMORGAN CHASE BANK ONG- NATURAL GAS USAGE $151.99 GEN HISTORICAL MUSEUM -Total $155.85 AMERICANCHECKED INC ATTN: BILLING PE BACKGROUND CHECKS $119.20 COX COMMUNICATIONS PHONE USAGE $15.45 JPMORGAN CHASE BANK CHAMBER -FEES $10.00 JPMORGAN CHASE BANK INDEED- ADVERTISE $60.39 JPMORGAN CHASE BANK INDEED - SUBSCRIPTION $120.00 JPMORGAN CHASE BANK NEXTCARE- MEDICAL $1,195.00 JPMORGAN CHASE BANK ODP- SUPPLIES $25.46 JPMORGAN CHASE BANK PREDICTIVE - SOFTWARE $2,475.00 JPMORGAN CHASE BANK WAVE -EMPY DEVELOP $1,420.00 SUMNERONE INC COPIER $873.25 GEN HUMAN RESOURCES -Total $6,313.75 AT &T PHONE USE $27,88 BLUE ENERGY FUELS LLC CNG FUEL CHARGES MARC $16.35 COX COMMUNICATIONS PHONE USAGE $23.18 FLEETCOR TECHNOLOGIES FUEL CHARGES MARCH 24 $57.83 JPMORGAN CHASE BANK AMAZON -DIAG KIT $2,762.00 JPMORGAN CHASE BANK AMAZON- SUPPLIES $288.57 JPMORGAN CHASE BANK B &H -UPS $195.70 JPMORGAN CHASE BANK COX- INTERNET $1,672.36 JPMORGAN CHASE BANK DELL - MONITORS $488.91 JPMORGAN CHASE BANK HOME DEPOT- HARDWARE $4.05 JPMORGAN CHASE BANK MONOPRICE- CABLES $178.85 JPMORGAN CHASE BANK UAVCOACH -DRONE LIC $219.00 VERIZON WIRELESS WIRELESS CONNECTION $252.06 GEN INFORMATION TECH -Total $6,186.74 AMAX SIGN COMPANY, INC NAME PLATE $36.00 AMERICANCHECKED INC ATTN: BILLING BACKGROUND CHECKS $77.50 COX COMMUNICATIONS PHONE USAGE $30.91 FLEETCOR TECHNOLOGIES FUEL CHARGES MARCH 24 $71.52 3 Fund 01 Claims List - 04/16/2024 Vendor Name GENERAL JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK TREASURER PETTY CASH TREASURER PETTY CASH TREASURER PETTY CASH TREASURER PETTY CASH Payable Description Payment Amount AMAZON- SUPPLIES $35.02 BAILEYRANCH -EMP RELAT $73.40 MEETING EXP 02/28 $3156 MEETING EXP 03/06 $50.00 MEETING EXP 03113 $68.00 MEETING EXP 04/03 $14.40 ODP- SUPPLIES $24.99 SAMS- SUPPLIES $99,91 TRAVEL EXP 4/15 -18 $380.20 J STEVENS -PER DIEM $194.00 JJ DOSSETT -PER DIEM $194.00 L DUNN -EXP REIMB $1,706.81 S WINGERT -EXP REIMB $98.14 GEN MANAGERIAL -Total $3,188.36 COX COMMUNICATIONS PHONE USAGE $15.45 TREASURER PETTY CASH M MCALISTER- MILEAGE $195.64 TYLER TECHNOLOGIES, INC. ANNUAL SUBSCRIPTION $41,482.50 WEST WAY LLC PROCESS SERVER FEES $800.00 GEN MUNICIPAL COURT -Total $42,493.59 AEP /PSO ELECTRIC USE $38,70 BLUE ENERGY FUELS LLC CNG FUEL CHARGES MARC $31.58 CITY OF OWASSO WATER SERVICE $378.00 COX COMMUNICATIONS PHONE USAGE $3.86 FLEETCOR TECHNOLOGIES FUEL CHARGES MARCH 24 $605.29 JPMORGAN CHASE BANK AMAZON- DISPENSER $55.79 JPMORGAN CHASE BANK AMAZON -SIGNS $59,98 JPMORGAN CHASE BANK C &C -TRASH BAGS $322.75 JPMORGAN CHASE BANK CORNERSTONE - BATTERIES $9.78 JPMORGAN CHASE BANK JANI KING - SERVICE $4,916.50 JPMORGAN CHASE BANK KULLY SUPP -PARTS $116.90 JPMORGAN CHASE BANK LOWES- MOUNTS $89.88 JPMORGAN CHASE BANK LOWES -MULCH $380.00 JPMORGAN CHASE BANK LOWES -PARTS $8.72 JPMORGAN CHASE BANK LOWES- PAVERS $17.52 JPMORGAN CHASE BANK LOWES- REFUND ($29.96) JPMORGAN CHASE BANK LOWES- SUPPLIES $75.91 JPMORGAN CHASE BANK ONG- NATURAL GAS USAGE $73.04 JPMORGAN CHASE BANK TWIN CITIES - CONCRETE $1,650.00 ROGERS COUNTY RURAL WATER DISTRICT UTILITY- CENTENNIAL PARK $304.01 TREASURER PETTY CASH D WARREN -LUNCH REIMB $53.29 UNIFIRST HOLDINGS LP PARKS STAFF UNIFORMS $61.56 4 Claims List - 04/16/2024 Fund Vendor Name Payable Description Payment Amount 01 GENERAL VERDIGRIS VALLEY ELECTRIC COOP PARKS ELECTRIC $63.28 VERIZON WIRELESS WIRELESS CONNECTION $40,01 GEN PARKS -Total $9,32639 TREASURER PETTY CASH NOTARY - LAWSON $25.00 TYLER TECHNOLOGIES, INC. ANNUAL SOFTWARE FEES $25,666.72 GEN POLICE COMMUNICATIONS -Total $25,691.72 NORTH AMERICA FIRE EQUIPMENT CO. BP VESTS $606.00 GEN POLICE DOJ VEST GRT -Total STREET LIGHTS REDBUD REF - CHURCH $606.00 BLUE ENERGY FUELS LLC CNG FUEL CHARGES MARC $113.93 FLEET FUELS LLC GAS & FUEL $355.60 FLEETCOR TECHNOLOGIES FUEL CHARGES MARCH 24 $2,350.65 JPMORGAN CHASE BANK ATWOOD- CHEMICALS $147.97 JPMORGAN CHASE BANK BROWN FARMS -SOD $80.00 JPMORGAN CHASE BANK GRAINGER -PPE $16.80 JPMORGAN CHASE BANK ODP- BATTERIES $45.14 JPMORGAN CHASE BANK PSI SERV -CHEM TEST $95.00 JPMORGAN CHASE BANK STANDARD -MAINT SVC $435.73 JPMORGAN CHASE BANK STANDARD -OPER SUPP $49.71 SPIRIT LANDSCAPE MANAGEMENT LLC 96TH ST. LANDSCAPE $267.70 SPIRIT LANDSCAPE MANAGEMENT LLC MAIN STREET LANDSCAPE $443.46 UNIFIRST HOLDINGS LP UNIFORM SERVICES $149.74 VERIZON WIRELESS WIRELESS CONNECTION $120.03 GEN STORMWATER -Total AEP /PSO TREASURER PETTY CASH GENERAL -Total STREET LIGHTS REDBUD REF - CHURCH $4,671.46 $10,92 $200.00 $210.92 GENERAL -Total $140,968.09 20 AMBULANCE SERVICE EXCELLANCE, INC M3 LIGHT $410.24 FLEETCOR TECHNOLOGIES FUEL CHARGES MARCH 24 $3,570.82 JPMORGAN CHASE BANK BOUND TREE - SUPPLIES $296.30 JPMORGAN CHASE BANK HENRY SCHEIN -MED SUPP $307.46 JPMORGAN CHASE BANK LIFE ASSIST - SUPPLIES $2,178.87 JPMORGAN CHASE BANK LOWES -M3 REPAIR $18.94 JPMORGAN CHASE BANK OK STATE - LICENSE $255.00 JPMORGAN CHASE BANK OK.GOV -CARD FEE $7.78 JPMORGAN CHASE BANK PRIMARY PHARM -SUPP $863.57 JPMORGAN CHASE BANK ZOLL- SUPPLIES $107.69 MEDICLAIMS INC BILLING SERVICES $21,063.00 VERIZON WIRELESS WIRELESS CONNECTION $40.01 AMBULANCE -Total $29,119.66 F Claims List - 04/16/2024 Fund Vendor Name Payable Description Payment Amount 20 AMBULANCE SERVICE REPUBLIC RECOVERY SERVICES INC COLLECTION SERVICES $56.10 AMBULANCE SERVICE -Total $56.10 JPMORGAN CHASE BANK MAGIC REFRIGE -ST1 FFE $4,700.00 JPMORGAN CHASE BANK METRO APP -ST1 FFE $16,678.65 FIRE STAT #1 RENOVATION - Total $21,378.65 JPMORGAN CHASE BANK AMAZON -ST2 FFE $96.42 JPMORGAN CHASE BANK HOME DEPOT -ST2 FFE $32.60 JPMORGAN CHASE BANK TESSCO -RADIO PARTS $1,441.58 FIRE STAT #2 RENOVATION -Total $1,570.60 AMBULANCE SERVICE -Total $52,125.03 21 E -911 AT &T PHONE USE $451.39 COX COMMUNICATIONS T1 CIRCUITS $229.00 INCOG E911 CHARGES $8,720.05 JPMORGAN CHASE BANK RLI- NOTARY BOND $30.00 LANGUAGE LINE SERVICES TRANSLATION SVCS $174.28 MOTOROLA SOLUTIONS INC ASTRO PKG E911 $2,863.46 VERIZON WIRELESS WIRELESS CONNECTION $40.01 E911 COMMUNICATIONS -Total $12,508.19 E -911 -Total $12,508.19 25 HOTEL TAX OWASSO CHAMBER OF COMMERCE ECONOMIC DEVELOPMENT $8,165.00 HOTEL TAX ECON DEV -Total $8,165.00 COX COMMUNICATIONS PHONE USAGE $7.73 JPMORGAN CHASE BANK AMAZON- GLOVES $78.67 JPMORGAN CHASE BANK AMAZON- SUPPLIES $156.04 JPMORGAN CHASE BANK EVERYTHINGPROMO -ITEM $440.00 JPMORGAN CHASE BANK HOME DEPOT- SHELVING $280.66 JPMORGAN CHASE BANK SCOREBOARD- SHIRTS $2,459.60 JPMORGAN CHASE BANK WALMART- SUPPLIES $11.41 OWASSO COMMUNITY FOUNDATION INC 24 NEIGHBORHOOD GRANT $30,000.00 STRONG NEIGHBORHOODS -Total $33,434.11 HOTELTAX -Total $41,599.11 27 STORMWATER MANAGEMENT MESHEK & ASSOCIATES, P.L.C. GARNETT IMPROVEMENTS $692.50 GARNETT CULVERT IMPROV -Total $692.50 MESHEK & ASSOCIATES, P.L.C. NOTTINGHAM DRNG IMPRV $3,761.00 NOTTINGHAM DRAINAGE IMPRO -Total $3,761.00 MESHEK & ASSOCIATES, P.L.C. RAYOLA PARK DETENTION $8,463.00 RAYOLA PARK DETENTION - Total $8,463.00 COX COMMUNICATIONS PHONE USAGE $7,73 JPMORGAN CHASE BANK AMAZON- MARKETING $86.03 Claims List - 04/16/2024 Fund Vendor Name Payable Description 27 STORMWATER MANAGEMENT JPMORGAN CHASE BANK GREENHILL- CONCRETE JPMORGAN CHASE BANK LOWES -MAINT SUPPLIES JPMORGAN CHASE BANK LOWES -OPER SUPPLIES JPMORGAN CHASE BANK ODP- SUPPLIES JPMORGAN CHASE BANK QUIKSERVICE -MAINT SUP JPMORGAN CHASE BANK TWIN CITIES- CONCRETE MESHEK & ASSOCIATES, P.L.C. MISC. DRAINAGE REVIEW SOURCEONE MANAGEMENT SERVICES INC 3 LAKES MAINT SOURCEONE MANAGEMENT SERVICES INC BIRD CREEK MAINT SOURCEONE MANAGEMENT SERVICES INC CAMELOT POND MAINT SOURCEONE MANAGEMENT SERVICES INC ELM CREEK MAINT SOURCEONE MANAGEMENT SERVICES INC GARNETT POND MAINT SOURCEONE MANAGEMENT SERVICES INC LAKE RIDGE MAINT UNIFIRST HOLDINGS LP UNIFORM SERVICES VERIZON WIRELESS WIRELESS CONNECTION Payment Amount $734.00 $19.80 $31.92 $53.18 $198.40 $1,842.00 $3,320.00 $742.50 $1,486.00 $495.00 $1,586.30 $749.00 $1,342.50 $12.04 $40.01 STORMWATER- STORMWATER -Total $12,746.41 STORMWATER MANAGEMENT -Total $25,662.91 31 AMBULANCE CAPITAL JPMORGAN CHASE BANK EBAY -RADIO $80.00 STATION ALERTING SYSTEM -Total $80.00 AMBULANCE CAPITAL -Total $80.00 34 VISION TAX CROSSLAND HEAVY CONTRACTORS 116 -MINGO TO GARNETT $1,117,764.28 116TH -MINGO TO GARNETT RD -Total $1,117,784,28 VISION TAX -Total $1,117,784.28 37 SALES TAX FIRE AT &T PHONE SERVICE $3.36 AT &T PHONE USE $27,88 CITY OF OWASSO WATER SERVICE $91.00 COX COMMUNICATIONS PHONE USAGE $127.50 FLEETCOR TECHNOLOGIES FUEL CHARGES MARCH 24 $3,724.56 JAMES A. OZBUN REPAIR ST 4 PUMP $296.00 JPMORGAN CHASE BANK AMAZON - BATTERIES $52.42 JPMORGAN CHASE BANK AMAZON- BRUSHES $89.95 JPMORGAN CHASE BANK AMAZON- COFFEE POTS $31.99 JPMORGAN CHASE BANK AMAZON -EMPY RECOG $8.99 JPMORGAN CHASE BANK AMAZON -EQUIP MAINT $101.20 JPMORGAN CHASE BANK AMAZON- FILTERS $213.98 JPMORGAN CHASE BANK AMAZON -GYM EQUIP $52.84 JPMORGAN CHASE BANK AMAZON -ST SUPPLIES $33.44 JPMORGAN CHASE BANK AMAZON- SUPPLIES $86.69 JPMORGAN CHASE BANK AMAZON -VEH UPFIT $752.40 JPMORGAN CHASE BANK ATWOOD -LAWN ROUNDUP $101.55 7 Claims List - 04/16/2024 Fund Vendor Name Payable Description Payment Amount 37 SALES TAX FIRE JPMORGAN CHASE BANK AVC -RADIO REPAIR $749.00 JPMORGAN CHASE BANK B &H -UPS $97.85 JPMORGAN CHASE BANK CONRAD FIRE -E3 SEAT $706.39 JPMORGAN CHASE BANK DIAMONDBACK -VEH UPFIT $1,989.00 JPMORGAN CHASE BANK EMTEC -PEST $395.00 JPMORGAN CHASE BANK FEDEX - SHIPPING $12.84 JPMORGAN CHASE BANK HOME DEPOT -02 CYLIND $29.19 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $365.30 JPMORGAN CHASE BANK LIBERTY -FLAGS $452.20 JPMORGAN CHASE BANK LOWES -AC DRAIN $26.40 JPMORGAN CHASE BANK LOWES -FD1 UPFIT $18,98 JPMORGAN CHASE BANK MESNJARREN -HEAD NETTS $1,917.48 JPMORGAN CHASE BANK NAFECO - UNIFORMS $10,789.00 JPMORGAN CHASE BANK NALCO - BOILER MAINT $275.00 JPMORGAN CHASE BANK NEOBITS- REFUND ($966.10) JPMORGAN CHASE BANK OK POLICE - UNIFORMS $468.96 JPMORGAN CHASE BANK ONG- NATURAL GAS USAGE $1,559.16 JPMORGAN CHASE BANK OREILLY -TOOL $24.67 JPMORGAN CHASE BANK OVERHEAD -DOORS $2,618.00 JPMORGAN CHASE BANK PARTY CITY -EMPY RECOG $31.15 JPMORGAN CHASE BANK PIKEPASS -FEES $44.90 JPMORGAN CHASE BANK PSN -ST4 WATER $283.33 JPMORGAN CHASE BANK SAFE KIDS -CAR SEAT $55.00 JPMORGAN CHASE BANK SAMS- SUPPLIES $81,86 JPMORGAN CHASE BANK SUMNER- COPIER $160.27 JPMORGAN CHASE BANK TIMETOSHINE -FLEET $206.46 JPMORGAN CHASE BANK WALMART -EMPY RECOG $44.04 JPMORGAN CHASE BANK WALMART -TRASH BAGS $29.96 JPMORGAN CHASE BANK WS DARLEY -E3 FAN $4,882.00 STOLZ TELECOM, LLC UPFIT LIGHTS $15,918.17 TREASURER PETTY CASH OSDH -NAME CHANGE $5.00 VERIZON WIRELESS WIRELESS CONNECTION $1,691.40 SALES TAX FUND -FIRE •Total $50,757.61 SALES TAX FIRE • Total $50,757.61 38 SALES TAX POLICE TURN -KEY MOBILE, INC PD LAPTOPS $9,999.00 DOJ JAG GRANT -Total $9,999.00 AT &T PHONE SERVICE $10.07 AT &T PHONE USE $27,88 CITY OF OWASSO WATER SERVICE $31.50 COX COMMUNICATIONS PHONE USAGE $220.22 FLEETCOR TECHNOLOGIES FUEL CHARGES MARCH 24 $14,075.92 Claims List - 04/16/2024 Fund Vendor Name Payable Description Payment Amount 38 SALES TAX POLICE JPMORGAN CHASE BANK AVC -RADIO REPAIR $675.00 JPMORGAN CHASE BANK B &H -PC UPS $97.85 JPMORGAN CHASE BANK CAROLINA- CARPORT $2,595.60 JPMORGAN CHASE BANK FEDEX- SHIPPING $12.88 JPMORGAN CHASE BANK INTERSTATE- BATTERIES $11.60 JPMORGAN CHASE BANK MOTOROLA -MIC CORDS $425.76 JPMORGAN CHASE BANK ONG- NATURAL GAS USAGE $1,123.84 LENOX WRECKER SERVICE INC WRECKER SERVICE $85.00 NORTH AMERICA FIRE EQUIPMENT CO. BP VESTS $619.00 OWASSO FOP LODGE #149 POLICE DEPT LEGAL DEFENSE $210.00 TREASURER PETTY CASH NOTARY -SMITH $10.00 TURN -KEY MOBILE, INC PD LAPTOPS $1,026.00 VERIZON WIRELESS WIRELESS CONNECTION $2,725.31 SALES TAX FUND - POLICE -Total $23,983.43 SALES TAX POLICE -Total $33,982.43 39 SALES TAX STREETS AEP /PSO STREET LIGHTS $8,621.83 BLUE ENERGY FUELS LLC CNG FUEL CHARGES MARC $146.00 COX COMMUNICATIONS PHONE USAGE $7,73 FLEET FUELS LLC GAS & FUEL $355.60 FLEETCOR TECHNOLOGIES FUEL CHARGES MARCH 24 $2,011.18 JPMORGAN CHASE BANK 3M- REFLECTIVE TAPE $144.12 JPMORGAN CHASE BANK ATWOOD -MAINT SUPPLIES $137.41 JPMORGAN CHASE BANK ATWOOD- SAFETY BOOTS $294.99 JPMORGAN CHASE BANK BLADES GROUP - ASPHALT $1,240.00 JPMORGAN CHASE BANK BROWN FARMS -SOD $80.00 JPMORGAN CHASE BANK BROWNCO -MAINT SUPP $343.75 JPMORGAN CHASE BANK BROWNCO - SAFETY SHIRT $21.00 JPMORGAN CHASE BANK GRAINGER -PPE $16.80 JPMORGAN CHASE BANK GREEN ACRE -SOD $14.00 JPMORGAN CHASE BANK GREENHILL- ASPHALT $1,411.44 JPMORGAN CHASE BANK HOME DEPOT -MAINT SUPP $132.31 JPMORGAN CHASE BANK LOWES -MAINT SUPP $11.60 JPMORGAN CHASE BANK LOWES -MAINT SUPPLIES $299.38 JPMORGAN CHASE BANK RED WING- SAFETY BOOTS $170.00 JPMORGAN CHASE BANK TWIN CITIES - CONCRETE $13,839.00 JPMORGAN CHASE BANK VANCE EROS -MAINT SUPP $188.10 UNIFIRST HOLDINGS LP UNIFORM SERVICES $226.66 VERDIGRIS VALLEY ELECTRIC COOP 116/129 TRAFFIC SIGN $84,97 VERDIGRIS VALLEY ELECTRIC COOP CHAMPION STREET LIGHT $87.55 VERDIGRIS VALLEY ELECTRIC COOP SECURITY LIGHT $7.33 VERIZON WIRELESS WIRELESS CONNECTION $120.03 2 Claims List - 04/16/2024 Fund PARTS FOR RESALE Vendor Name Payable Description Payment $7,630.59 FLEETCOR TECHNOLOGIES FUEL CHARGES MARCH 24 $41.53 Amount 39 SALES TAX STREETS SALES TAX FUND-STREETS -Total AMAZON- MAINTAINER $30,012.98 JPMORGAN CHASE BANK SALES TAX STREETS -Total JPMORGAN CHASE BANK $30,012.98 40 CAPITAL IMPROVEMENTS KIMLEY -HORN AND ASSOCIATES INC 86 ST WIDE 145 -161 $1,720.00 DIGI KEY - CONNECTORS $76.26 86TH ST WIDENING 145.161 -Total HESSELBEIN -TIRES $1,720.00 JPMORGAN CHASE BANK JIM GLOVER -PARTS DOERNER, SAUNDERS, DANIEL & 106 &129 LEGAL FEES $184.50 $1.69 JPMORGAN CHASE BANK CIP 106 /129 INTERSECT IMP -Total $496.39 $184.50 PTG -PARTS $396.98 K +D ARCHITECTS LLC FIRE ST 1 REMODEL $803.13 JPMORGAN CHASE BANK ULTRA BRIGHT -PARTS FIRE STAT #1 RENOVATION - Total JPMORGAN CHASE BANK $803.13 $15163 UNIFIRST HOLDINGS LP K +D ARCHITECTS LLC FIRE ST 2 REMODEL $803.12 FIRE STAT #2 RENOVATION -Total $803.12 CAPITAL IMPROVEMENTS -Total $3,510.75 70 CITY GARAGE BUMPER TO BUMPER AUTO PARTS PARTS FOR RESALE $141.78 COX COMMUNICATIONS PHONE USAGE $15.45 CROW BURLINGAME COMPANY PARTS FOR RESALE $1,816.50 EPTURA INC SOFTWARE $7,630.59 FLEETCOR TECHNOLOGIES FUEL CHARGES MARCH 24 $41.53 JPMORGAN CHASE BANK AMAZON -KEY HOLDER $22.48 JPMORGAN CHASE BANK AMAZON- MAINTAINER $76.34 JPMORGAN CHASE BANK AMAZON - REFUND ($38.32) JPMORGAN CHASE BANK ARCANTENNA- ANTENNAS $580.25 JPMORGAN CHASE BANK BEST CHOICE - WINDSHIEL $639.00 JPMORGAN CHASE BANK DIGI KEY - CONNECTORS $76.26 JPMORGAN CHASE BANK HESSELBEIN -TIRES $189.96 JPMORGAN CHASE BANK JIM GLOVER -PARTS $515.00 JPMORGAN CHASE BANK ODP- SUPPLIES $1.69 JPMORGAN CHASE BANK ONG- NATURAL GAS USAGE $496.39 JPMORGAN CHASE BANK PTG -PARTS $396.98 JPMORGAN CHASE BANK ROBBYS -PARTS $20.55 JPMORGAN CHASE BANK ULTRA BRIGHT -PARTS $119.98 JPMORGAN CHASE BANK UNITED FORD -PARTS $15163 UNIFIRST HOLDINGS LP VEHICLE MAINT UNIFORM $114.11 VEHICLE MAINTENANCE •Total $13,010.15 CITY GARAGE -Total $13,010.15 76 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS $4,799.77 OK TAX COMMISSION SPECIAL TAX UNIT MITF ASSESSMENTS $4,103.42 UNITED SAFETY & CLAIMS INC WORKERS COMP SVC FEE $1,658.33 WORKERS' COMP SELF -INS -Total $10,561.52 WORKERS' COMP SELF -INS -Total $10,561.52 77 GENERAL LIABILITY- PROPERT CORNERSTONE FENCE LLC GOLF FENCE REPAIR $1,850.00 im Claims List - 04/1612024 Fund Vendor Name Payable Description Payment Amount 77 GENERAL LIABILITY - PROPERT HALL, ESTILL, HARDWICK, GABLE, LEGAL SERVICE FEES $577.50 JPMORGAN CHASE BANK FOSTERS -VEH REPAIR $3,917.10 JPMORGAN CHASE BANK LENOX- TOWING $100.00 GEN LIAB -PROP SELF INS -Total $6,444.60 GENERAL LIABILITY - PROPERT - Total $6,444.60 City Grand Total $1,539,007.65 11 TO: The Honorable Mayor and City Council FROM: Carly Novozinsky, Finance Director SUBJECT: Tyler Technologies- Annual Maintenance Fee DATE: April 12, 2024 BACKGROUND: On April 19, 2022, City Council approved a contract with Tyler Technologies of Plano, Texas, for the purchase of Computer Aided Dispatch Software (CAD), Reports Management System Software (RMS), and Court Software. Included in the approved contract and bid documents was an annual software maintenance fee for ongoing support and upkeep of the software. RECOMMENDATION: Staff recommends authorization of payment to Tyler Technologies of Plano, Texas, in the amount of $104,614.62 for annual software maintenance. ATTACHMENT: Tyler Technologies Invoice 130- 145124a Remittance: It1VO1Ce 0 Q 0 Tyler Technologies, Inc. ityler is 9 f;, (FEIN 75-2303920) Invoice No Date Page �S technologies P.O. Box 203556 130- 145124a 04101/2024 1 of 3 Dallas, TX 75320 -3556 Questions: Tyler Technologies - Public Safety Phone: 1-800-772-2260 Email: arrtch.wmPress 2. then5 latyle (III�IIIII VIIIIIIIIII VIII VIII IIIIIIIIIIIIIIIIIIIIIIIIIII IIII Bill To: CITY OF OWASSO POLICE DEPARTMENT Ship To: CITY OF OWASSO POLICE DEPARTMENT 111 NORTH MAIN STREET 111 NORTH MAIN STREET OWASSO, OK 74055 -2923 OWASSO, OK 74055 -2923 Cust No. BiflTo- ShipTo Ord No PO Number Currency Terms Due Date 55139 - MAIN - MAIN 30606 USD NET30 05/01/2024 Date Description Units Rate Extended Price Contract No.: Owassa Police Department Use of Force 1 605.64 605.64 Cycle: Start 01/May /2024, End: 30 /Apr /2025 Bookings 1 605.64 605.64 Cycle: Start 011May12024, End: 30/Apr/2025 CAD Auto Routing 1 1,107.25 1,107.25 Cycle: Start Ot/May2024, End: 30 /Apr /2025 CAD AVL 1 1,107.25 1,107.25 Cycle: Start: 01/May /2024, End: 301Apr2025 Service Vehicle Rotation (Wrecker, Ambulance) 1 1,107.25 1,107.25 Cycle: Start: 01/May /2024, End: 30 /Apr /2025 Unit Management 1 1,661.39 1,661.39 Cycle: Start Ol /May2024, End: 30 /Apr 12025 Web CAD Monitor 1 2,768.64 2,768.64 Cycle: Start 01 /May /2024, End: 30/Apr/2025 E -911 Interface 1 1,107.25 1,107.25 Cycle: Start 01/May/2024, End: 301Apg2025 CAD NCIC Interface 1 1,938.48 1,938.46 Cycle: Start 01/May/2024, End: 30 /Apr /2025 CAD Data Mart / Includes 2 users 2 277.07 554.14 Cycle: Start 01/May /2024, End: 30/Apr /2025 Enterprise Law Enforcement Records 1 14,950.45 14,950.45 Cycle: Start: 01 /May /2024, End: 30 /Apr /2025 Law Enforcement Mobile Site License 1 5,900.87 5,900,87 Cycle: Start: 01/May/2024, End: 30/Apd2025 Enterprise Law Enforcement Field Mobile 1 0.00 Cycle: Start 01/May/2024, End: 30 /Apr /2025 0.00 LE Dispatch/Messaging /State /NCIC 1 0.00 0.00 Cycle: Start: 01/May /2024, End: 301Apd2025 Drivers License Mag Stripe Reader /Barcode Reader Interface 1 0.00 Cycle: Start: Ot/May2024, End: 301Ap62025 0.00 Livescan Interface (LERMS) 1 1,107.25 1,107.25 Cycle: Start: 01/May2024, End: 30/Apr/2025 Content Manager 1 1,557.36 1,557.36 Cycle: Start. Ot /May2024, End: 30 /Apr /2025 LE Accident Reporting 1 0.00 0.00 Cycle: Start 01/May/2024, End: 30 /Apr /2025 Ge Units Remittance: Extended Price tyler 1 Tyler Technologies, Inc. #� Cycle: Start: 01/May /2024, End: 30/Apr/2025 (FEIN 75- 2303920) technologies P.O. Box 203556 1 Dallas, TX 75320 -3556 Questions: Tyler Technologies - Public Safety Phone: 1-600- 772 -2260 Press 2, then 5 Email: ar @tylertech.com Invoice Invoice No Date Page 130- 145124a 04/01/2024 2 of 3 Bill To: CITY OF OWASSO POLICE DEPARTMENT Ship To: CITY OF OWASSO POLICE DEPARTMENT 111 NORTH MAIN STREET 111 NORTH MAIN STREET OWASSO, OK 74055 -2923 OWASSO, OK 74055 -2923 Cust No: B!IITo- ShipTo Ord No PO Number Currency Terms Due Date 55139 - MAIN - MAIN 30606 USD NET30 05/01/2024 Date Description Units Rate Extended Price NCIC Interface 1 3,598.82 3,596.82 Cycle: Start: 01/May /2024, End: 30/Apr/2025 Fire In-car Routing 1 0.00 0.00 Cycle: Start: 01/May /2024, End: 30 /Apr /2025 Law Enforcement Records Management Data Mart / Includes 2 users 2 277.07 554.14 Cycle: Start 01 /May /2024, End: 30 /Apr /2025 Field Reporting Site License 1 5,900.87 5,900.87 Cycle: Start 01/May/2024, End: 301Apr/2025 Equipment & Inventory 1 605.64 605.64 Cycle: Start 011May2024, End: 30/Apr12025 LE In -car Mapping /AVL 1 0.00 0.00 Cycle: Start Ol/May /2024, End: 30 /Apr /2025 Mugshot Image Download 1 0.00 0.00 Cycle: Start: 01 /May /2024, End: 30/Apr/2025 Enterprise Fire Field Mobile 1 0.00 0.00 Cycle: Start 01/May/2024, End: 30/Apr/2025 Fire In-car Mapping AVL 1 0.00 0.00 Cycle: Start 011May/2024, End: 30/Apr/2025 Fire Dispatch/ Messaging 1 0.00 0.00 Cycle: Start Ot /May /2024, End: 30/Apr/2025 Workstation License 1 0.00 0.00 Cycle: Start 011May2024, End: 30/Apr/2025 Fire/ EMS Mobile Site License 1 5,805.08 5,805.08 Cycle: Start: 01/May2024, End: 301Apr2025 Stop Data Reporting 1 0.00 0.00 Cycle: Start: 01 /May /2024, End: 30/Apr/2025 LE Field Reporting 1 0.00 0.00 Cycle: Start: 01/May/2024, End: 30/Apr/2025 MCT Ticket Writer 1 0.00 0.00 Cycle: Start Ot /May /2024, End: 30 /Apt /2025 Field Investigation /Field Reporting 1 0.00 0.00 Cycle: Start 01/May2024, End: 30/Apr/2025 Public Safety Insights (Performance Dahboard, Citizen Connect, Explorer, Analylics) 1 13,801.20 13,801.20 Cycle: Start Ol/May /2024, End: 3OIApr2025 Mobility Hosting Annual Fee 1 2,671.20 2,671.20 Cycle: Start 01/May/2024, End: 30 1Apr 12D25 Link Analysis 1 5,342.40 5,342.40 Questions: Tyler Technologies - Public Safety Phone: 1 -800- 772 -2260 Press 2, then 5 Email: ar @tylertech.com Invoice F voice No Date Page - 145124a 04/0112024 3 of 3 Bill To: CITY OF OWASSO POLICE DEPARTMENT Ship To: CITY OF OWASSO POLICE DEPARTMENT 111 NORTH MAIN STREET 111 NORTH MAIN STREET OWASSO, OK 74055 -2923 OWASSO, OK 74055 -2923 Cust No, B111To- ShipTo Ord No PO Number Currency Terms Due Date 55139 - MAIN -MAIN 30605 USD NET30 05/01/2024 Date Description Units Remittance: Extended Price tUl y$: Tyler Technologies, Inc. C i (FEIN 75- 2303920) 1 technologies P.O. Box 203556 3,568.95 Dallas, TX 75320 -3556 Questions: Tyler Technologies - Public Safety Phone: 1 -800- 772 -2260 Press 2, then 5 Email: ar @tylertech.com Invoice F voice No Date Page - 145124a 04/0112024 3 of 3 Bill To: CITY OF OWASSO POLICE DEPARTMENT Ship To: CITY OF OWASSO POLICE DEPARTMENT 111 NORTH MAIN STREET 111 NORTH MAIN STREET OWASSO, OK 74055 -2923 OWASSO, OK 74055 -2923 Cust No, B111To- ShipTo Ord No PO Number Currency Terms Due Date 55139 - MAIN -MAIN 30605 USD NET30 05/01/2024 Date Description Units Rate Extended Price Cycle: Start: 01 /May/2024, End: 30 1Apr 12025 Embedded Third Parry Software 1 3,568.95 3,568.95 Cycle: Start: 01/May2024, End: 30 /Apr /2025 Enterprise Law Enforcement Mobile Server Software 1 9,690.24 9,690.24 Cycle: Start Ot /May/2024, End: 30/Apr/2025 Encoder Interface 1 1,107.25 1,107.25 Cycle: Start: 01/May /2024, End: 30 1Apr /2025 CAD Paging Interface 1 1,107.25 1,107.25 Cycle: Start DI/May/2024, End: 30/Apr/2025 Enterprise CAD Combined LE/Fire/EMS 1 9,967.31 9,967.31 Cycle: Start: O1/May /2024, End: 30/Apr/2025 CAD CFS (xmp Export Interface 1 1,936.46 1,938.46 Cycle: Start: Ol/May /2024, End: 30/Apr/2025 Pre-Arrival Questionnaire Interface 1 1,107.25 1,107.25 Cycle: Start 01 /May /2024, End: 30/Apr/2025 LE In-car Routing 1 0.00 0.00 Cycle: Start O1/May /2024, End: 30 /Apr /2025 Use of Force Reporting 1 0.00 0.00 Cycle: Start: Ot/May /2024, End: 30 /Apr /2025 Data Archive 1 2,120.00 2,120.00 Cycle: Start: 01/May/2024, End: 30/Ap62025 Alarm Interface (suppports CryWolo 1 267.12 267.12 Cycle: Start: 01/May/2024, End: 30/Apr/2025 "ATTENTION`* Order your checks and forms from Tyler Business Forms at 877.749 -2090 or tylerbusinessforms.com to guarantee 100% compliance with your software. Subtotal 1 105,232.02 Credit Memo - 617.40 145475 TO: The Honorable Mayor and City Council FROM: Nathan Singleterry, Desktop Support Technician SUBJECT: Surplus Equipment and Authorize Auction DATE: April 12, 2024 BACKGROUND: The City of Owasso declares items surplus that have reached their end of life or are no longer useful. An estimated value of $500.00 or more for the individual items requires City Council approval for disposal. For several years, the City has utilized auction sites to auction surplus vehicles and equipment. These sites act as an "auction broker." Both private individuals and public entities utilize these online auctions as a tool to obtain the highest resale or salvageable price for items they can no longer utilize. HOW IT WORKS: The following is the step -by -step process for online auctions followed by the City of Owasso: • City Council declares vehicles or other items, valued over $500.00; as surplus; • Digital pictures are taken and descriptions written for each item to be auctioned • Staff determines the length of auction; • Staff includes acceptable methods of payment; • Staff determines whether items can be shipped orwould need to be picked up by the purchaser /buyer. Most often, items are picked up at City locations; • The auction is promoted through social media and the City's website; • At the end of the auction the highest bidder is notified, and arrangements are made for shipping or pick -up of item once payment is received. FEES: There are fees to sell on most, though not all, auction sites. For some sites, there may be a set fee, and for others there may be a percentage of the total sale price. Staff evaluates the items to be sold to determine the best online option for auctioning. ITEMS RECOMMENDED TO BE DECLARED SURPLUS: The following vehicles and equipment have been deemed as no longer needed to remain in service due to age and /or condition or have been replaced and are being recommended to be declared surplus by the City Council. Item: Reason for Disposal: VIN /ID /Serial Number: Book Value: Bobcat Zero Turn Mower needs repairs deemed too expensive Mower and has been replaced SN;94250401724 $1500.00 John Deere 1720 Tractor needs repairs deemed too expensive Tractor with Loader had has been replaced SN: L02155A629243 $4500.00 [COP In- Vehicle Units are no longer suitable due to age and Camera System Parts obsolescence Multiple $1000.00 Storm Sirens & Control Boes - Qty 16 Units replaced during storm siren upgrade Multiple $5000.00 2005 GMC 250OHD Age and mileage 1 GHTC24U85E260563 $4500.00 Surplus Vehicles and Equipment Page 2 of 2 2016 Ford F250 CNG fuel, replaced with lease vehicle 1 FT7W2B65GEB44019 $5500.00 2010 Ford Crown Vic CNG fuel, age, was replaced with lease vehicle 2FABP7BV6AX112767 $2500.00 2016 Ford Explorer p Unit damaged in accident. Deemed too expensive to repair 1 FM5K8AR 1 GGC08378 $5000.00 IMAM General Humvee Age, replaced with more suitable vehicle 104124 $9000.00 2013 Chevy Tahoe Age and mileage, replaced with new vehicle 1 GNLC2E05DR348720 $5000.00 2011 Ford Crown Vic Age and mileage, replaced with new vehicle 2FABP7BV8BX108771 $2500.00 2016 Ford Explorer p Unit damaged in accident and deemed too ex ensive to re air 1 FM5KAR2GGC15159 $5000.00 2018 Dodge Charger g g Unit damaged in accident and deemed too expensive to repair 2C3CDXAT3JH188808 $4000.00 2012 Chevy Silverado 1500 Unit replaced by lease vehicle 1 GCRKPE07CZ210355 $7000.00 2008 Ford F -250 Unit replaced by lease vehicle 1 FTSW21578EA93921 $8000.00 2008 Chev Tahoe Unit re laced by lease vehicle 1GNFK130X8R153117 $6500.00 2020 Honda Civic Tort claim, vehicle damaged 2HGFC4B65LH300872 $6000.00 2011 Ford Crown Vic Age and mileage, replaced with new vehicle 2FABP7VXBX108772 $1500.00 2013 Chevy Tahoe Age and mileage, replaced with new vehicle 1 GNLC2EO6DR158120 $5000.00 RECOMMENDATION: Staff recommends declaring the following vehicles and equipment as surplus to the needs of the City of Owasso and approving of disposal via online auction: VEHICLES: 2005 GMC 2500HD: I GHTC24U85E260563 2016 Ford F250: 1 FT7W2B65GEB44019 2010 Ford Crown Vic: 2FABP7BV6AX 112767 2016 Ford Explorer: 1 FM5K8AR 1 GGC08378 1990 AM General Humvee: 104124 2013 Chevy Tahoe: IGNLC2E05DR348720 2011 Ford Crown Vic: 2FABP7BV8BX 108771 2016 Ford Explorer: 1 FM5KAR2GGC15159 2018 Dodge Charger: 2C3CDXAT3JH188808 2012 Chevy Silverado 1500: 1 GCRKPE07CZ210355 2008 Ford F -250: 1 FTSW21578EA93921 2008 Chevy Tahoe: IGNFKI30X8R153117 2020 Honda Civic: 2HGFC4B65LH300872 2011 Ford Crown Vic: 2FABP7VXBX 108772 2013 Chevy Tahoe: IGNLC2E06DR158120 EQUIPMENT: Bobcat Zero Turn Mower SN:94250401724 John Deere 1720 Tractor with Loader: SN: L02155A629243 ICOP In- Vehicle Camera System Parts Storm Sirens 8. Control Boxes - Qty 16 sd gELL Poopi. cE1. L Clvm.. gFAL Cammunliy TO: The Honorable Mayor and City Council FROM: Carly Novozinsky, Finance Director SUBJECT: Contract for Auditing Services DATE: April 12, 2024 BACKGROUND: The City Charter and state statutes require that an independent accountant perform an audit of the City's finances annually. In April 2020, the City accepted proposals for auditing services from public accounting firms. The proposal from BT & Co., PA was selected, and the City contracted with them to perform auditing services for fiscal year 2020 and 2021, with options to renew until 2024. As outlined by the 2020 five -year proposal, the fiscal year 2024 base fee of $55,000 for BT & Co., PA auditing services related to the City and its Trust Authorities is $1,000 higher than the fiscal year 2023 original contract and contract addendum. Federal grant audits, if required under the Single Audit Act, would continue to be billed at $4,000 each. RECOMMENDATION: Staff recommends approval of the contract with BT & Co., PA of Topeka, Kansas, in the amount of $55,000, related to auditing services for the City and its Trust Authorities; and $4,000, each, for any federal grant audits required under the Single Audit Act, and authorization to execute the necessary documents. ATTACHMENT: BT & Co., PA Audit Arrangement Letter �iCertflied Public Accountants A W _O W 2 C April 3, 2024 D 0 0 rn `m Honorable Mayor and City Council City of Owasso, Oklahoma o City Municipal Building 200 S. Main Street Owasso, Oklahoma 74055 F m m m The Objective and Scope of the Audit of the Financial Statements ° You have requested that BT &Co., P.A. ( "BT &Co ", "we ", "us ", or "our ") audit the City of Owasso, Oklahoma's (the "City ", "you ", or "your ") governmental activities, business -type activities, discretely presented component unit, each major fund, and aggregate remaining fund information as of and for the year ending June 30, 2024, which w collectively comprise the basic financial statements. We are pleased to confirm our acceptance and our w understanding of this audit engagement by means of this letter ( "Engagement Letter "). N V The objectives of our audit are to obtain reasonable assurance about whether the financial statements as a whole are o free from material misstatement, whether due to fraud or error, and to issue an auditors' report that includes our opinion. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with auditing standards generally accepted in the United States of America ( "GAAS ") and Government Auditing Standards issued by the Comptroller General of the United States o ( "GAS ") will always detect a material misstatement when it exists. Misstatements can arise from fraud or error and w are considered material if there is a substantial likelihood that individually or in the aggregate, they would influence P the judgment made by a reasonable user based on the financial statements. The risk of not detecting a material U1 misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, m forgery, intentional omissions, misrepresentations, or the override of controls. V m You have also requested that BT &Co. perform the audit of the City as of June 30, 2024 to satisfy the audit N requirements imposed by the Single Audit Act and Subpart F of Title 2 U.S. Code of Federal Regulations ( "CFR ") w Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards ( "Uniform Guidance "). The Responsibilities of the Auditor 6 N We will conduct our audit in accordance with GARS; the Oklahoma state laws applicable to municipal accounting a and finance; GAS; the Uniform Guidance, and U.S. Office of Management and Budget's (OMB) Compliance 0 Supplement. Those standards, regulations, supplements or guides require that we comply with applicable ethical requirements. As part of an audit in accordance with GRAS, GAS, and the Uniform Guidance, we exercise o professional judgment and maintain professional skepticism throughout the audit. We will also: 3 An Independently Owned Member, RSM US Alliance RSM US Alliance member firms are separate and independent businesses and legal entities that are responsible for their own acts and omissions, and each are separate and independent from RSM US LLP. RSM US LLP is the U.S. member firm of RSM International, a global network of Independent audit, tan, and consulting firms. Members of RSM US Alliance have access to RSM Intemational resources through RSM US 1-UP but are not member firms of RSM International. BT�Co: �nnPee ftlh, am +m�mr Honorable Mayor and City Council City of Owasso, Oklahoma Page 2 1. Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, based on an understanding of the City and its environment, the applicable financial reporting framework, and the City's system of internal control, design and perform audit procedures responsive to those risks, and obtain audit evidence that is sufficient and appropriate to provide a basis for our opinion, 2. Consider the City's system of internal control in order to design audit procedures that are appropriate in the circumstances but not for the purpose of expressing an opinion on the effectiveness of the City's internal control. However, we will communicate to you in writing concerning any significant deficiencies or material weaknesses in internal control relevant to the audit of the financial statements that we have identified during the audit. 3. Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements, including the disclosures, and whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. 4. Conclude, based on the audit evidence obtained, whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the City's ability to continue as a going concern for a reasonable period of time. Because of the inherent limitations of an audit, together with the inherent limitations of controls, an unavoidable risk that some material misstatements may not be detected exists, even though the audit is properly planned and performed in accordance with GAAS and GAS. Because the determination of waste or abuse is subjective, GAS does not require auditors to perform specific procedures to detect waste or abuse in financial statement audits. We will also communicate to the City Council (a) any fraud involving senior management and fraud (whether caused by senior management or other employees) that causes a material misstatement of the financial statements that becomes known to us during the audit and (b) any instances of noncompliance with laws and regulations that we become aware of during the audit (unless they are clearly inconsequential). We are responsible for the compliance audit of major programs under the Uniform Guidance, including the determination of major programs, the consideration of internal control over compliance, and reporting responsibilities. Our reports on internal control over financial reporting and over compliance for major programs will include any significant deficiencies and material weaknesses in internal control over financial reporting and over compliance for major programs of which we become aware as a result of obtaining an understanding of internal control and performing tests of internal control over financial reporting and over compliance for major programs consistent with requirements of the standards and regulations identified above. Our reports on compliance matters will address material errors, fraud, violations of compliance obligations, and other responsibilities imposed by state and federal statutes and regulations or assumed by contracts, and any state or federal grant, entitlement or loan program questioned costs of which we become aware, consistent with requirements of the standards and regulations identified above. BTe�Co: u,npm rain a,mmm�nu Honorable Mayor and City Council City of Owasso, Oklahoma Page 3 We will maintain our independence in accordance with the standards of the American Institute of Certified Public Accountants ( "AICPA ") and GAS. The Responsibilities of Management and Identification of the Applicable Financial Reporting Framework Management is responsible for: Identifying and ensuring that the City complies with the laws and regulations applicable to its activities, and for informing us about all known violations of such laws or regulations, other than those that are clearly inconsequential; 2. The design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the City involving management, employees who have significant roles in internal control, and others where the fraud could have a material effect on the financial statements; and 3. Informing us of its knowledge of any allegations of fraud or suspected fraud affecting the City received in communications from employees, former employees, analysts, regulators, vendors, customers or others. Management is responsible for the preparation of the required supplementary information ( "RSI ") which accounting principles generally accepted in the United States of America ( "U.S. GAAP ") require to be presented to supplement the basic financial statements. Management is also responsible for the preparation of the supplementary information presented in relation to the financial statements as a whole in accordance with accounting principles generally accepted in the United States of America ( "U.S. GAAP "). Management agrees to include the auditors' report on the supplementary information in any document that contains the supplementary information and will indicate that the auditor has reported on such supplementary information. Management also agrees to present the supplementary information with the audited financial statements or, if the supplementary information will not be presented with audited financial statements, to make the audited financial statements readily available to the intended users of the supplementary information no later than the date of issuance of the supplementary information and the auditors' report thereon. The City Council is responsible for informing us of its views about the risks of fraud, waste, or abuse within the City, and its knowledge of any fraud, waste, or abuse or suspected fraud, waste, or abuse affecting the City. Our audit will be conducted on the basis that management and, when appropriate, those charged with governance acknowledge and understand that they have responsibility: For the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America ( "U.S. GAAP "); 2. To evaluate subsequent events through the date the financial statements are issued. Management also agrees that it will not conclude on subsequent events earlier than the date of the management representation letter referred to below; BT�Co: fmnpea roee�nao.omre. Honorable Mayor and City Council City of Owasso, Oklahoma Page 4 3. For the design, implementation and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error; 4. For report distribution; and 5. To provide us with: a. Access to all information of which management is aware that is relevant to the preparation and fair presentation of the financial statements, including information relevant to disclosures; b. Draft financial statements, including information relevant to their preparation and fair presentation, when needed, to allow for the completion of the audit in accordance with the proposed timeline; c. Additional information that we may request from management for the purpose of the audit; and d. Unrestricted access to persons within the City from whom we determine it necessary to obtain audit evidence. As part of our audit process, we will request from management and, when appropriate, those charged with governance written confirmation concerning representations made to us in connection with the audit, including among other items: 1. That management has fulfilled its responsibilities asset out in the terms of this Engagement Letter; and 2. That it believes the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. Because the audit will be performed in accordance with the Single Audit Act and the Uniform Guidance, management is responsible for (a) identifying all federal awards received and expended; (b) preparing and the fair presentation of the schedule of expenditures of federal awards (including notes and noncash assistance received) in accordance with Uniform Guidance requirements; (c) internal control over compliance; (d) compliance with federal statutes, regulations, and the terms and conditions of federal awards; (e) making us aware of significant vendor relationships where the vendor is responsible for program compliance; (f) following up and taking corrective action on audit findings, including the preparation of a summary schedule of prior audit findings and a corrective action plan; (g) timely and accurate completion of the data collection form and (h) submitting the reporting package and data collection form. Reporting We will issue a written report upon completion of our audit of the City's financial statements. Our report will be addressed to the City Council of the City. Circumstances may arise in which our report may differ from its expected form and content based on the results of our audit. Depending on the nature of these circumstances, it may be necessary for us to modify our opinion, or add an emphasis -of -matter paragraph or other -matter paragraph to our auditors' report. ECo: Honorable Mayor and City Council City of Owasso, Oklahoma Page 5 If circumstances arise relating to the condition of the City's records, the availability of appropriate audit evidence or indications of a significant risk of material misstatement of the financial statements because of error, fraudulent financial reporting or misappropriation of assets which, in our professional judgment, prevent us from completing the audit or forming an opinion, we retain the unilateral right to take any course of action permitted by professional standards, including, but not limited to, declining to express an opinion or issue a report, or withdrawing from the engagement. You have informed us that you desire us to issue a report on the basic financial statements of the City as of and for the year ended June 30, 2024 conforming only to the requirements of GAAS. This reporting will not be used for purposes to comply with a requirement calling for an audit in accordance with GAS. In addition to our report on the City's financial statements, we will also issue the following reports: • A report on the fairness of the presentation of the City's schedule of expenditures of federal awards for the year ending June 30, 2024; • Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with GAS; • Report on Compliance for Each Major Federal Program and Report on Internal Control Over Compliance Required by the Uniform Guidance; and • A schedule of findings and questioned costs. In connection with our audit of the financial statements, our responsibility is to read the other information and consider whether a material inconsistency exists between the other information and the financial statements, or the other information otherwise appears to be materially misstated. If, based on the work performed, we conclude that an uncorrected material misstatement of the other information exists, we are required to describe it in our report. You have informed us that you intend to prepare an annual comprehensive financial report ( "ACFR ") and submit it for evaluation by the Government Finance Officers Association's ( "GFOA ") Certificate of Achievement for Excellence in Financial Reporting Program. Our association with other information in the ACFR consists of reviewing the ACFR based on the GFOA's financial statement checklist. Records and Assistance During the course of our engagement, we may accumulate records containing data that should be reflected in the City's books and records. The City will determine that all such data, if necessary, will be so reflected. Accordingly, the City will not expect us to maintain copies of such records in our possession. The assistance to be supplied by City personnel, including the preparation of schedules and analyses of accounts, has been discussed and coordinated with Finance Director Carly Novozinsky. The timely and accurate completion of this work is an essential condition to our completion of the audit and issuance of our audit report. BED "NA Id h0h, IR ... m.n Honorable Mayor and City Council City of Owasso, Oklahoma Page 6 Nonaudit Services In connection with our audit, you have requested us to perform the following nonaudit services: 1. Assistance with preparing the financial statements and note disclosures 2. Assistance with the Federal Audit Clearinghouse submission 3. Assistance with preparing the Form SA &I 2643 The GAS independence standards require that the auditor maintain independence so that opinions, findings, conclusions, judgments and recommendations will be impartial and viewed as impartial by reasonable and informed third parties. Before we agree to provide a nonaudit service to the City, we determine whether providing such a service would create a significant threat to our independence for GAS audit purposes, either by itself or in aggregate with other nonaudit services provided. A critical component of our determination is consideration of management's ability to effectively oversee the nonaudit services to be performed. The City has agreed that Finance Director Carly Novozinsky possesses suitable skill, knowledge, or experience and that the individual understands the nonaudit services to be performed and described above, sufficiently to oversee them. Accordingly, the management of the City agrees to the following: 1. The City has designated Finance Director Carly Novozinsky as a senior member of management who possesses suitable skill, knowledge and experience to oversee the services; 2. Finance Director Carly Novozinsky will assume all management responsibilities for subject matter and scope of the nonaudit services; 3. The City will evaluate the adequacy and results of the services performed; and 4. The City accepts responsibility for the results and ultimate use of the services. GAS further requires that we establish an understanding with the City's management and those charged with governance of the objectives of the nonaudit services, the services to be performed, the City's acceptance of its responsibilities, the auditors' responsibilities, and any limitations of the nonaudit services. We believe this Engagement Letter documents that understanding. Other Relevant Information In accordance with GAS, a copy of our most recent peer review report is enclosed for your information. BT�Co: nn .,, vmu,�nrvmorv, Honorable Mayor and City Council City of Owasso, Oklahoma Page 7 Fees and Costs Our fees for the services described above are based upon the value of the services performed and the time required by the individuals assigned to the engagement plus directly billed expenses. Our fee estimate and completion of our work are based upon the following criteria: 1. Anticipated cooperation from City personnel 2. Timely responses to our inquiries 3. Timely completion and delivery of client assistance requests 4. Timely communication of all significant accounting and financial reporting matters 5. The assumption that unexpected circumstances will not be encountered during the engagement If any of the aforementioned criteria are not met, then fees may increase We propose that our fee for this engagement, which includes out -of- pocket expenses, will be $ 54,000 for the City, $ 4,000 for each major program for the single audit, and $ 1,000 for the preparation of Form SA &I 2643. The quoted fee for the year end June 30, 2024 will be the maximum for the work described in this letter unless the scope of the engagement is changed, the assistance which the City has agreed to furnish is not provided, or unexpected conditions are encountered. No changes will be made to the fee without discussion with you regarding the proposed change. All other provisions of this letter will survive any fee adjustment. Interim billings will be submitted as work progresses and as expenses are incurTed. Billings are due upon submission. In accordance with our policy, a finance charge of 1% per month will be applied to balances that are over 60 days old. Payment will be applied first to the accrued finance charges and then to outstanding invoices. Use of Subcontractors and Third -Party Products We may, in our sole discretion, use qualified third -party service providers to assist us in providing professional services to you. In such circumstances, it may be necessary for us to disclose Confidential Information (as such term is defined below) to them. We may share your information, including Confidential Information, with these third -party service providers; provided that such recipients are bound by written obligations of confidentiality. You acknowledge and agree that our use of a third -party service provider may involve the processing, input, disclosure, movement, transfer, and storage of your information and data outside of our technology infrastructure. We will be responsible to you for the performance of our third -party service providers, solely as related to the services performed under this Engagement Letter, subject to all limitations and disclaimers set forth herein. We also may provide services to you using certain third -party hardware, software, equipment, or products (collectively, "Third -Party Products" and each, individually, a "Third -Party Product"). You acknowledge that the use of a Third -Party Product may involve the processing, input, disclosure, movement, transfer, and storage of information provided by or on behalf of you to us, including Confidential Information and Personal Information, within the Third -Party Product's infrastructure and not ours. You further acknowledge that the terms of use and EID Honorable Mayor and City Council City of Owasso, Oklahoma Page 8 service, including, but not limited to, applicable laws, set forth in the end -user license, end -user subscription agreement, or other end -user agreement for such Third -Party Product (collectively, "EULA(s) ") will govern all obligations of such licensor relating to data privacy, storage, recovery, security, and processing within such Third - Party Product's infrastructure, as well as, the service levels associated with such Third -Party Product. You hereby consent to the disclosure of your information, including your Confidential Information and Personal Information, to the licensors of such Thud -Parry Products for the purpose described herein. You acknowledge that the use of Third -Party Products may be subject to limitations, delays, interruptions, errors, and other problems which are beyond our control, including, without limitation, internet outage or lack of availability related to updates, upgrades, patches, fixes, maintenance, or other issues. We will not be liable for any delays, delivery failures, or other losses or damages resulting from such issues. Nor will we be held responsible or liable for any loss, or unauthorized use or disclosure, of any information or data provided by you, including, without limitation, Personal Information provided by you, resulting from the use of a Thud -Party Product. Use and Ownership; Access to Audit Documentation The Audit Documentation for this engagement is the property of BT &Co. For the purposes of this Engagement Letter, the term "Audit Documentation" shall mean the confidential and proprietary records of BT &Co.'s audit procedures performed, relevant audit evidence obtained, other audit- related workpapers, and conclusions reached. Audit Documentation shall not include custom- developed documents, data, reports, analyses, recommendations, and deliverables authored or prepared by BT &Co. for the City under this Engagement Letter, or any documents belonging to the City or furnished to BT &Co. by the City. Review of Audit Documentation by a successor auditor or as part of due diligence is subject to applicable BT &Co. policies, and will be agreed to, accounted for and billed separately. Any such access to our Audit Documentation is subject to a successor auditor signing an Access & Release Letter substantially in BT &Co.'s font. BT &Co. reserves the right to decline a successor auditor's request to review our workpapers. In the event we are required by government regulation, subpoena or other legal process to produce our documents or our personnel as witnesses with respect to our engagement for the City, the City will, so long as we are not a party to the proceeding in which the information is sought, reimburse us for our professional time and expenses, as well as the fees and expenses of our counsel, incurred in responding to such requests. The documentation for this engagement is the property of BT &Co. However, you acknowledge and grant your assent that representatives of the cognizant or oversight agency or their designee, other government audit staffs, and the U.S. Government Accountability Office shall have access to the Audit Documentation upon their request and that we shall maintain the Audit Documentation for a period of at least three years after the date of the report, or for a longer period if we are requested to do so by the cognizant or oversight agency. Access to the requested Audit Documentation will be provided under the supervision of BT &Co audit personnel and at a location designated by BT &Co. BT�Co: �a��iI'll 1011tAa(avnfvnls Honorable Mayor and City Council City of Owasso, Oklahoma Page 9 Indemnification, Limitation of Liability, and Claim Resolution Because BT &Co. will rely on the City and its management and City Council to discharge the foregoing responsibilities, the City agrees to indemnify, hold harmless, and release BT &Co. and its partners, principals, officers, directors, employees, affiliates, subsidiaries, contractors, Subcontractors, agents, representatives, successors, or assigns from all third -party claims, liabilities, losses, and costs arising in circumstances where there has been a knowing misrepresentation by a member of the City's management. The City and BT &Co. agree that no claim arising out, from, or relating to the services rendered pursuant to this Engagement Letter shall be filed more than two years after the date of the audit report issued by BT &Co. or the date of this Engagement Letter if no report has been issued. In no event shall BT &Co. or the City, or any of their respective partners, principals, officers, directors, employees, affiliates, subsidiaries, contractors, subcontractors, agents, representatives, successors, or assigns (collectively, the "covered parties" and each individually, a "covered party"), be liable for the interruption or loss of business, any lost profits, savings, revenue, goodwill, software, hardware, or data, or the loss of use thereof (regardless of whether such losses are deemed direct damages), or incidental, indirect, punitive, consequential, special, exemplary, or similar such damages, even if advised of the possibility of such damages. Except fora covered party's indemnification obligations under this Engagement Letter, to the fullest extent permitted by law, the total aggregate liability of the covered parties arising out of, from, or relating to this Engagement Letter, or the report issued or services provided hereunder, regardless of the circumstances or nature or type of claim, including, without limitation, claims arising from a covered party's negligence or breach of contract or warranty, or relating to or arising from a government, regulatory or enforcement action, investigation, proceeding, or fine, will not exceed the total amount of the fees paid by the City to BT &Co. under this Engagement Letter. Notwithstanding the foregoing, nothing in this limitation of liability provision shall, or shall be interpreted or construed to, relieve the City of its payment obligations to BT &Co. under this Engagement Letter. If any dispute arises among the parties hereto, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Rules for Professional Accounting and Related Services Disputes before resorting to litigation. The costs of any mediation proceeding shall be shared equally by all parties. The City and BT &Co. both agree that any dispute over fees charged by BT &Co. to the City will be submitted for resolution by arbitration in accordance with the Rules for Professional Accounting and Related Services Disputes of the American Arbitration Association. Such arbitration shall be binding and final. In agreeing to arbitration, we both acknowledge that, in the event of a dispute over fees charged by BT &Co., each of us is giving up the right to have the dispute decided in a court of law before a judge or jury and instead we are accepting the use of arbitration for resolution. Confidentiality BT &Co. and the City may, from time to time, disclose Confidential Information (as defined below) to one another. Accordingly, BT &Co. and the City agree as the recipient of such Confidential Information (the "Receiving Party") to keep strictly confidential all Confidential Information provided to it by the disclosing party (the "Disclosing Party") and use, modify, store, and copy such Confidential Information only as necessary to perform its obligations and exercise its rights under this Engagement Letter. Except as otherwise set forth herein, the Receiving Party may BT�Cd: 101a,....a , Honorable Mayor and City Council City of Owasso, Oklahoma Page 10 only disclose the Confidential Information of the Disclosing Party to its personnel, agents, and representatives who are subject to obligations of confidentiality at least as restrictive as those set forth herein and only for the purpose of exercising its rights and fulfilling its obligations hereunder. To avoid any doubt, BT &Co. is permitted to disclose the City's Confidential Information to BT &Co.'s personnel, agents, and representatives to provide the services or exercise its rights under this Engagement Letter or for the purpose of maintaining compliance with applicable laws and professional, regulatory, and/or ethical standards. As used herein, "Confidential Information" means, information in any form, oral, graphic, written, electronic, machine - readable or hard copy consisting of: (i) any nonpublic information provided by the Disclosing Party, including, but not limited to, all of its inventions, designs, data, source and object code, programs, program interfaces, know -how, trade secrets, techniques, ideas, discoveries, marketing and business plans, pricing, profit margins and /or similar information; (ii) any information that the Disclosing Party identifies as confidential; or (iii) any information that, by its very nature, a person in the same or similar circumstances would understand should be treated as confidential, including, but not limited to, this Engagement Letter. Without limiting the generality of the foregoing, the City acknowledges and agrees that Audit Documentation constitutes Confidential Information of BT &Co. As used herein, the term "Confidential Information" will not include information that: (i) is publicly available at the time of disclosure by the Disclosing Party; (ii) becomes publicly available by publication or otherwise after disclosure by the Disclosing Party, other than by breach of the confidentiality obligations set forth herein by the Receiving Party; (iii) was lawfully in the Receiving Party's possession, without restriction as to confidentiality or use, at the time of disclosure by the Disclosing Party; (iv) is provided to the Receiving Party without restriction as to confidentiality or use by a third party without violation of any obligation to the Disclosing Party; or (v) is independently developed by employees or agents of the Receiving Party who did not access or use the Disclosing Party's Confidential Information. The Receiving Party will treat the Disclosing Party's Confidential Information with the same degree of care as the Receiving Party treats its own confidential and proprietary information, but in no event will such standard of care be less than a reasonable standard of care. The Receiving Party will promptly notify the Disclosing Party if it becomes aware that any of the Confidential Information of the Disclosing Party has been used or disclosed in violation of this Engagement Letter. Notwithstanding anything stated to the contrary in this Engagement Letter, the City consents to BT &Co.: (i) using any information or data, including Confidential Information and Personal Information, provided by or on behalf of the City] or otherwise obtained by BT &Co, in connection with the services provided under this Engagement Letter, to provide the City with professional services under any other professional services agreement the City enters into or has entered into with BT &Co.; and (ii) using any information or data provided by or on behalf of the City, or otherwise obtained by BT &Co., in connection with professional services provided by BT &Co. under another professional service agreement BT &Co. has entered into with the City, including confidential, personal, or other protected information, to provide the services under this Engagement Letter to the City. BT�Co: [enipr[4u04o AOmunmms Honorable Mayor and City Council City of Owasso, Oklahoma Page I1 Data Protection Compliance Prior to disclosing to us or our Subcontractors or granting us or our Subcontractors with access to your data, you will identify in writing any personal, technical, or other data provided or made accessible to us or our Subcontractors pursuant to this Engagement Letter that may be subject to heightened protections under applicable privacy, cybersecurity, export control, and /or data protection laws, including, but not limited to, protected health information pursuant to the Health Information Portability and Accountability Act of 1996 ( "HIPAA" ), classified, marked or unmarked controlled unclassified information ( "CUP') subject to the National Industrial Security Program Operating Manual ( "NISPOM ") or the Defense Federal Acquisition Regulation Supplement ( "DFARS "), or export controlled data subject to Export Administration Regulations ( "EAR ") or International Traffic in Arms Regulations ( "ITAR" ). Unless otherwise expressly agreed upon and specified in writing by BT &Co. and the City, you shall not provide us or any of our Subcontractors with access to such data and you shall be responsible for the handling of all such data in connection with the performance of the services requested hereunder, including, but not limited to, the scrubbing, de- identification, de- aggregation, protection, encryption, transfer, movement, input, storage, migration, deletion, copying, processing, and modification of such data. BT &Co. and the City acknowledge and agree that they may correspond or convey information and documentation, including Confidential Information and Personal Information, via various forms of electronic transmission, including, but not limited to, Third -Party Products, such as, email, FTP and cloud -based sharing and hosting applications (e.g., portals, data analytics tools, and helpdesk and support ticketing applications), and that neither party has control over the performance, operation, reliability, availability, or security of these electronic transmissions methods. Therefore, neither parry will be liable for any loss, damage, expense, harm, disclosure or inconvenience resulting from the loss, delay, interception, corruption, unauthorized disclosure, or alteration of any electronic transmission where the party has used commercially reasonable efforts to protect such information. We offer our clients various platforms for the exchange of information. You hereby agree that you shall be bound by and comply with any and all user terms and conditions made available (whether by link, click - through, or otherwise) with respect to such platforms. Personal Information As used herein, the term "Personal Information" means any personal information, as may be defined by applicable privacy, data protection, or cybersecurity laws, that directly or indirectly identifies a natural person, and includes, but is not limited to, nonpublic, personally identifiable information such as Social Security numbers, Social Insurance numbers, driver's license numbers or government- issued identification card numbers, and health information. Each party agrees to transmit Personal Information consistent with applicable laws and any other obligations the respective party may have. We are permitted to use all such Personal Information to perform our obligations and exercise our rights under this Engagement Letter. You represent and warrant that you have provided all notices and obtained all consents required under applicable data protection laws prior to your collection, use and disclosure to us or our Subcontractors of such Personal Information and shall take reasonable steps to ensure that such Personal Information does not include irrelevant or unnecessary information about individuals. EC ®: "" 1.,11,kI., Aaouvl.nli Honorable Mayor and City Council City of Owasso, Oklahoma Page 12 We agree to maintain appropriate security measures to protect such Personal Information in accordance with applicable laws. If we become aware of an unauthorized acquisition or use of City- provided Personal Information, we will promptly inform you of such unauthorized acquisition or use as required by applicable laws and, upon your written request, reasonably cooperate with you at your sole cost in support of any breach notification requirements as imposed upon you by applicable laws. Retention of Records We will return to you all original records you provide to us in connection with this engagement. Further, in addition to providing you with those deliverables set forth in this Engagement Letter, we will provide to you a copy of any records we prepare or accumulate in connection with such deliverables which are not otherwise reflected in your books and records without which your books and records would be incomplete. You have the sole responsibility for retaining and maintaining in your possession or custody all of your financial and nonfinancial records related to this engagement. We will not host, and will not accept responsibility to host, any of your records. We, however, may maintain a copy of any records of yours necessary for us to comply with applicable law and /or professional standards or to exercise our rights under this Engagement Letter. Any such records retained by us will be subject to the confidentiality obligations set forth herein and destroyed in accordance with our record retention policies. Termination Your failure to make full payment of any and all undisputed amounts invoiced in a timely manner constitutes a material breach for which we may refuse to provide deliverables and /or, upon written notice, suspend or terminate our services under this Engagement Letter. We will not be liable to you for any resulting loss, damage or expense connected with the suspension or termination of our services due to your failure to make full payment of undisputed amounts invoiced in a timely manner. Either party hereto may terminate this Engagement Letter for any reason upon fifteen (15) days' prior written notice to the other party. In the event you terminate this engagement, you will pay us for all services rendered (including deliverables and products delivered), expenses incurred, and noncancelable commitments made by us on your behalf through the effective date of termination. Either party may terminate this Engagement Letter upon written notice if. (i) circumstances arise that in its judgment would cause its continued performance to result in a violation of law, a regulatory requirement, applicable professional or ethical standards, or, in the case of BT &Co., our client acceptance or retention standards; or (ii) if the other party is placed on a Sanctioned List (as defined herein), or if any director or executive of or other person closely associated with such other party or its affiliate, is placed on a Sanctioned List. We will not be responsible for any delay or failure in our performance resulting from acts beyond our reasonable control or unforeseen or unexpected circumstances, such as, but not limited to, acts of God, government or war, riots or strikes, disasters, fires, floods, epidemics, pandemics or outbreaks of communicable disease, cyberattacks, and internet or other system or network outages. At your option, you may terminate this Engagement Letter where our services are delayed more than 120 days; however, you are not excused from paying us for all amounts owed for services rendered and deliverables provided prior to the termination of this Engagement Letter. BT�Co: Gn,'m VUM l Arowmnm, Honorable Mayor and City Council City of Owasso, Oklahoma Page 13 When an engagement has been suspended at the request of management or those charged with governance and work on that engagement has not recommenced within 120 days of the request to suspend our work, we may, at our sole discretion, terminate this Engagement Letter without further obligation to you. Resumption of our work following termination may be subject to our client acceptance procedures and, if resumed, will require additional procedures not contemplated in this Engagement Letter. Accordingly, the scope, timing and fee arrangement discussed in this Engagement Letter will no longer apply. In order for us to recommence work, the execution of a new Engagement Letter will be required. The parties agree that those provisions of this Engagement Letter which, by their context, are intended to survive, including, but not limited to, payment, limitations on liability, claim resolution, use and ownership, and confidentiality obligations, shall survive the termination of this Engagement Letter, Miscellaneous We may mention your name and provide a general description of the engagement in our client lists and marketing materials. Notwithstanding anything stated to the contrary in this Engagement Letter, the City acknowledges and consents that we also may utilize Confidential Information and Personal Information to (i) improve the quality of our services and offerings and /or (ii) develop or perform internal data analysis or other insight generation. Information developed in connection with these purposes may be used by us to provide services or offerings. We will not use your Confidential Information or Personal Information in a way that would permit the City or an individual to be identified by third parties without your prior written consent. We agree that our association with any proposed offering is not necessary, providing the City agrees to clearly indicate that we are not associated with the contents of any such official statement or memorandum. The City agrees that the following disclosure will be prominently displayed in any such official statement or memorandum: BT &Co., P.A., our independent auditor, has not been engaged to perform, and has not performed, since the date of its report included herein, any procedures on the financial statements addressed in that report. BT &Co., P.A. also has not performed any procedures relating to this [official statement] [memorandum]. Our professional standards require that we perform certain additional procedures, on current and previous years, engagements, whenever a partner or professional employee leaves BT &Co. and is subsequently employed by or associated with a client in a key position. Accordingly, you agree to compensate us for any additional costs incurred as a result of your employment of one of our partners, principals or employees. Each party hereto affirms it has not been placed on a Sanctioned List (as defined below) and will promptly notify the other party upon becoming aware that it has been placed on a Sanctioned List at any time throughout the duration of this Engagement Letter. The City shall not, and shall not permit third parties to, access or use any of the deliverables provided for hereunder, or Third -Party Products provided hereunder, in violation of any applicable sanctions laws or regulations, including, but not limited to, accessing or using the deliverables provided for hereunder or any Third -Party Products from any territory under embargo by the United States. The City shall not knowingly cause BT &Co. to violate any sanctions applicable to BT &Co. As used herein "Sanctioned List" means any sanctioned person or entity lists promulgated by the Office of Foreign Assets Control of the U.S. Department BT�Co: Gupme rumu ea:mmnu Honorable Mayor and City Council City of Owasso, Oklahoma Page 14 of the Treasury, the U.S. State Department, the Consolidated Canadian Autonomous Sanctions List, the United Nations Security Council, the European Union, and the United Kingdom. Any term of this Engagement Letter that would be prohibited by or impair our independence under applicable law or regulation shall not apply, to the extent necessary only to avoid such prohibition or impairment. RSM US LLP will be available to support BT &Co. by rendering services related to the performance of the engagement. If a situation occurs in connection with the proposed engagement for which we would request the services of RSM US LLP, we will notify you and obtain permission from you before giving access to your records. We will maintain supervision, control, and ultimate responsibility for the performance of this engagement. BT &Co. is independently owned and operated and assumes full responsibility for the quality of service delivered to our clients. We are responsible for our own client fee arrangements and maintenance of our client relationships. RSM US Alliance provides its members with access to resources of RSM US LLP. RSM US Alliance member firms are separate and independent businesses and legal entities that are responsible for their own acts and omissions, and each are separate and independent from RSM US LLP. RSM US LLP is the U.S. member firm ofRSM International, a global network of independent audit, tax, and consulting firms. Members of RSM US Alliance have access to RSM International resources through RSM US LLP but are not member firms of RSM International. Visit rsmus.com/aboutus for more information regarding RSM US LLP and RSM International. The RSMTM logo is used under license by RSM US LLP. RSM US Alliance products and services are proprietary to RSM US LLP. Entire Agreement This Engagement Letter constitutes the complete and exclusive statement of agreement between BT &Co. and the City and supersedes all prior agreements, understandings, and proposals, whether oral or written, relating to the subject matter of this Engagement Letter. If any term or provision of this Engagement Letter is determined to be invalid or unenforceable, such tern or provision will be deemed stricken, and all other terms and provisions will remain in full force and effect. This Engagement Letter may be amended or modified only by a written instrument executed by both parties. Electronic Signatures and Counterparts Each parry hereto agrees that any electronic signature of a party to this Engagement Letter or any electronic signature to a document contemplated hereby (including any representation letter) is intended to authenticate such writing and shall be as valid, and have the same force and effect, as a manual signature. Any such electronically signed document shall be deemed (a) to be "written" or "in writing," (b) to have been signed and (c) to constitute a record established and maintained in the ordinary course of business and an original written record when printed from electronic files. Each party hereto also agrees that electronic delivery of signature to any such document (via email or otherwise) shall be as effective as manual delivery of a manual signature. For purposes hereof, "electronic signature" includes, but is not limited to, (a) a scanned copy (as a "pdf' (portable document format) or other replicating image) of a manual ink signature, (b) an electronic copy of a traditional signature affixed to a document, (c) a signature incorporated into a document utilizing touchscreen capabilities or (d) a digital signature. This BT�Co: « +� I.,, IM"AOmmun�: Honorable Mayor and City Council City of Owasso, Oklahoma Page 15 Engagement Letter may be executed in one or more counterparts, each of which shall be considered an original instrument, but all of which shall be considered one and the same agreement. Paper copies or "printouts," of such documents if introduced as evidence in any judicial, arbitral, mediation or administrative proceeding, will be admissible as between the parties to the same extent and under the same conditions as other original business records created and maintained in documentary form. Neither party shall contest the admissibility of true and accurate copies of electronically signed documents on the basis of the best evidence rule or as not satisfying the business records exception to the hearsay rule. Please sign and return a copy of this Engagement Letter to indicate your acknowledgment of, and agreement with, the arrangements for our audit of the financial statements, including our respective responsibilities. Acknowledgement and Acceptance Each party acknowledges that it has read and agrees to all of the terms and conditions contained herein. Each party and its signatory below represent that said signatory is a duly authorized representative of such party and has the requisite power and authority to bind such party to the undertakings and obligations contained herein. SAH:tls Enclosure Confirmed on behalf of the City of Owasso, Oklahoma: Signature Agreed to and acknowledged by: BT &CO., P.A. G / aW V Stacey A. Hammond Director Date A signed copy of this Engagement Letter will be forwarded to the following patties pursuant to GAS. • The Audit Committee • Finance Director Carly Novozinsky Armanino U" 6 Cityplace OR Suite 900 St. Louis, MO 63141 -7194 314 - 983 -1200 main annanino.com Report on the Firm's System of Quality Control December 18, 2023 armanino To the Directors of BT & Co., P.A. and the Peer Review Committee of the Oklahoma Society of Certified Public Accountants I We have reviewed the system of quality control for the accounting and auditing practice of BT & Co., P.A. (the firm) in effect for the year ended June 30, 2023. Our peer review was conducted in accordance with the Standards for Performing and Reporting on Peer Reviews established by the Peer Review Board of the American Institute of Certified Public Accountants (Standards). A summary of the nature, objectives, scope, limitations of and the procedures performed in a System Review as described in the Standards may be found at www.aicoa.orgZprsummary. The summary also includes an explanation of how engagements identified as not performed or reported in conformity with applicable professional standards, if any, are evaluated by a peer reviewer to determine a peer review rating. Firm's Responsibility The firth is responsible for designing a system of quality control and complying with it to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. The firm is also responsible for evaluating actions to promptly remediate engagements deemed as not performed or reported in conformity with professional standards, when appropriate, and for remediating weaknesses in its system of quality control, if any. Peer Reviewer's Responsibility Our responsibility is to express an opinion on the design of and compliance with the firm's system of quality control based on our review. Required Selections and Considerations Engagements selected for review included engagements performed under Government Auditing Standards, including a compliance audit under the Single Audit Act, and audits of employee benefit plans. As a part of our peer review, we considered reviews by regulatory entities as communicated by the firm, if applicable, in determining the nature and extent of our procedures. Opinion In our opinion, the system of quality control for the accounting and auditing practice of BT & Co., P.A. in effect for the year ended June 30, 2023, has been suitably designed and complied with to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Firms can receive a rating of pass, pass with deficiency(ies) or fail. BT & Co., P.A. has received a peer review rating of pass. 4z,� Z610 Armanino, LLP TO: FROM: SUBJECT: DATE: The Honorable Mayor and City Council Wendy Kramer, City Planner Final Plat - Owasso Public Works Facility April 12, 2024 BACKGROUND: The Community Development Department received an application for review and approval of a final plat for the new Public Works facility. The subject property is located a quarter -mile east and south of East 1 16th Street North and North 97th East Avenue. SUBJECT PROPERTY /PROJECT DATA: Property Size 63.68 acres +/- Current Zoning Public Facility (PF) Present Use Vacant Proposed Use City of Owasso Public Works Facility Lots /Blocks 1 Lot /1 Block Land Use Master Plan Public /institutional Within a Planned Unit Development PUD ? No Within an Overlay District? No Water Provider City of Owasso Applicable Paybacks (Assessed at Platting) Storm Siren Fee (N /A - Not Assessed on City Projects) Ranch Creek Sewer Assessment Area (N /A - Not Assessed on City Projects ANALYSIS: • The subject property was annexed into Owasso City Limits in two parts with Ordinance 586 in 1998 and Ordinance 738 in 2003. • The subject property was rezoned from Residential Single - Family (RS -3) to Public Facilities (PF) through Ordinance 1203 in 2023. • The Preliminary Plat for this property was approved by the Owasso Planning Commission at their regular meeting on April 8, 2024. • This is a one (1) lot, one (1) block combined preliminary/final plat and the proposed lot as depicted on this plat meets the bulk and area requirements stipulated in the Owasso Zoning Code for PF -zoned property. • There will be two (2) points of access for this subdivision, one (1) off of East l 16th Street North and one (1) off of North 97 +h East Avenue. o These two access points do meet the separation requirements outlined in the Owasso Zoning Code. • Detention and drainage will be provided for via two (2) overland drainage easements. These easements are situated across the middle and near the western portions of the property. • Perimeter and interior utility easements are shown on the Plat allowing utility companies adequate access to service the subdivision. Final Plat - Public Works Facility Page 2 • The City of Owasso will provide police, fire, ambulance, water, and sanitary sewer services to the property. • Any development that occurs on the subject property must adhere to all subdivision, zoning, and engineering requirements. SURROUNDING ZONING AND LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North Agriculture - Residential /Place Commercial Tulsa County Residential AG -R of Worship South Residential Single- Residential Residential City of Owasso Family (RS-3) Subdivision East Public Facility (PF) City Park Parks/ City of Owasso Recreation Residential Duplex Vacant/ West (RD)/ Residential Residential Commercial/ City of Owasso Single- Family (RS -3)/ Subdivision/ Single Residential /Tulsa County Agriculture AG Family Dwellin PLANNING COMMISSION: The Owasso Planning Commission voted 5 -0 to recommend approval of this item at their regular meeting on April 8, 2024. RECOMMENDATION: In developing a recommendation, staff evaluated the final plat on the criteria outlined in Section 2.4 of the Owasso Subdivision Regulations. Following this evaluation, staff concluded that the subject plat meets all legal requirements for approval. As such, staff recommends approval of the final plat. ATTACHMENTS: Aerial Map Final Plat - Owasso Public Works Facility t , + 1 c oil t3 +,J f at,Il� '�4 °�UInI:Q/�i PA -M maw 1 I' t + •. +Y I �C Ix , r I �1 rl�Y Ail 14 _ lrl vw � � e �!� ("i...._ -rte` ( �.- � 3 '��� �� f I' •N• I a'� I � u�. t4 O. ion. ••, >7 � ! ,v-+yt aa_b umaaw I`w �r =� 3 J f rS a , CI ♦ fy ` j "lt s .. c qq V I s iodo O LLa Fq�a? d I 5 � d� •S s F� 34 4 i J y � � • 88 5 FVOtlll3XtlM X11gX 3 ^ 4.........£ § 8 a g qS wm All O L Fq�a? d I d� J y � � • FVOtlll3XtlM X11gX E ga 8 a 44 Q wm 2 LL O L x u 10M re4.� _��; op � Q W fad a�niw xitlOxl 311NNtl15Y3 NL6 XLYOH \� 5 52 U � ^ Fq�a? d I II I eut 4e use s u .I g 112 e �\ � I' ` Gay§ a �e 5 x / X11 ! ❑ R _____ _ � __ -i has Iw N _- I 8 a 44 II I eut 4e use s u .I g 112 e �\ � I' ` Gay§ a �e 5 x / X11 ! ❑ R _____ _ � __ -i has Iw N _- I `1 a J Z LL. 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MW Isis t B � i�dM p 5k��: d93 of 14gg.PM €� � x €w3l HN n ggae Ap� zy ,4 $3 a e� M.. sgg�g�tl d r sd TO: The Honorable Mayor and City Council FROM: Roger Stevens, Senior Director SUBJECT: Construction Management Services for the new Public Works Facility DATE: April 12, 2024 BACKGROUND: • In October 2022, Owasso Public Works Authority approved an agreement for architectural and engineering services with Beck Design to design the new Public Works Facility, as well as on -site detention and other utility improvements • The facility will include approximately 16,000 square feet of office space, approximately 14,000 square feet for the field operations personnel, approximately 20,000 square feet of covered or enclosed storage for salt, gravel and equipment, and approximately 18,000 square feet of space for facility maintenance administration and fleet maintenance operations • During the April 2024 Worksession, staff presented and the City Council discussed a proposal from Miller - Tippens Construction of Glenpool, Oklahoma for pre- construction services and construction management at risk services related to oversight of constructing the new facility. PRE - CONSTRUCTION AND CONSTRUCTION MANAGEMENT SERVICES: The proposed agreement for pre - construction services scope of work includes: participation in design, cost estimating, constructability reviews, and construction planning. In addition, the agreement includes administration of the competitive bidding process in accordance with City of Owasso Ordinances and the Public Competitive Bidding Act of 1974, Oklahoma Statutes, Title 61 -101, et. Seq. The construction management service entails a commitment by the Construction Manager (CM) to deliver the project within a guaranteed maximum price (GMP) which is based on the construction documents and specifications, plus any reasonably inferred items or tasks. The CM team provides professional services and acts as a consultant to the owner in the design development and construction phases. The CM team must manage and control construction costs to not exceed the GMP. Contractually, any costs exceeding the GMP (that are not change orders approved by the owner) are the financial liability of the CM. CONTRACTOR SELECTION: Following a request for qualifications (RFQ), six (6) submittals for pre- construction and construction services for the new Public Works Facility were received on November 30,2023. Over the following four weeks, staff conducted a thorough evaluation of the six (6) submitted RFQ's. Submittals were scored based on adherence to RFQ instructions, company information, project understanding and performance. The scores for each firm were tallied, resulting in a final ranking of all six (6) firms. Staff then conducted interviews with the three (3) highest scoring firms, with Miller - Tippens Construction of Glenpool, Oklahoma, receiving the highest score. Staff determined that Miller - Tippens project approach and project understanding, as well as their past and current performance with other municipality facility projects, would assure a finished product that meets all of the City's requirements. Public Works Facility Page 2 FEES FOR SERVICES: The fees for services are 0.25% of the GMP for pre- construction services and 3.2% of the GMP for construction services. It is important to note, that the fee for pre- construction services will only be assessed if the City chooses not to proceed with the construction management services agreement, following the receipt and review of the construction bids. The guaranteed maximum price will be determined after the competitive bidding process is complete. RECOMMENDATION: Staff recommends approval of an agreement for At -risk Construction Management services with Miller - Tippens Construction of Glenpool, Oklahoma, where the basis of payment will be the cost of the work, in accordance with the Oklahoma Public Competitive Bidding Act, plus the negotiated service fee for a determined guaranteed maximum price. ATTACHMENT: Construction Management Agreement AIA Document A1330 - 2019 Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price AGREEMENT made as of the ((21st » day of ((December » in the year «2023 u (!n words, indicate day, month, and year) BETWEEN the Owner: (Vane, legal status, address, and other information) and the Construction Manager: (Name, legal status, address, and other information) for the following Project: (Name, location, and detailed description) The Architect: (Name, legal status, address, and other information) The Owner and Construction Manager agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion AIA Document A201- -2017, General Conditions of the Contract. for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. ELECTRONIC COPYING of any portion of this AIA- Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AIA Document A133 - 2019. Copyright ® 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects,- "American Institute of Archftects," "AIA," the AIA Logo, and °AIA Contract Documents" are trademarks of The American Institute of Architects. This draft was produced at 11:57:25 ET on 12/2012023 under Order No.3104339503 which expires on 10/0612024, i s not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents*' Terms of Service. To report copyright violations, e- mail docinfo @aiacontracts.com. User Notes: (810692451) TABLE OF ARTICLES INITIAL INFORMATION 2 GENERAL PROVISIONS 3 CONSTRUCTION MANAGER'S RESPONSIBILITIES 4 OWNER'S RESPONSIBILITIES 5 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES 6 COMPENSATION FOR CONSTRUCTION PHASE SERVICES 7 COST OF THE WORK FOR CONSTRUCTION PHASE 8 DISCOUNTS, REBATES, AND REFUNDS 9 SUBCONTRACTS AND OTHER AGREEMENTS 10 ACCOUNTING RECORDS 11 PAYMENTS FOR CONSTRUCTION PHASE SERVICES 12 DISPUTE RESOLUTION 13 TERMINATION OR SUSPENSION 14 MISCELLANEOUS PROVISIONS 15 SCOPE OF THE AGREEMENT EXHIBIT A GUARANTEED MAXIMUM PRICE AMENDMENT EXHIBIT B INSURANCE AND BONDS ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section I. I. (For each item in this section, insert the information or a statement such as "not applicable" or "unknown at time of execution. ) § 1.1.1 The Owner's program for the Project, as described in Section 4.1.1: (Insert the Owner's program, identify documentation that establishes the Owner's program, or state the manner in which the program will be developed) § 1.1.2 The Project's physical characteristics: (Identify or describe pertinent information about the Project's physical characteristics, such as size; location; dimensions; geotechnical reports; site boundaries; topographic surveys; traffic and utility studies; availability ofpublic and private utilities and services; legal description ofthe site, etc.) § 1.1.3 The Owner's budget for the Guaranteed Maximum Price, as defined in Article 6: (Provide total and, if known, a line item breakdown.) AIA Document A133 - 2019. Copyright b 1991, 2003, 2009, and 2019. All rights reserved. ^The American Institute of Architects," "American Institute of Architects," "AIA,° the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This draft was produced at 11:57:25 ET on 12/20/2023 under Order X..3304239503 which expires on 10/06/2024, is not for resale, is licensed for one -time use only, and may only be used in accordance with the AIA Contract Documentsd Terms of Service. To report copyright violations, e- mail docinfo @aiacontracts.com. Duet Note.: (010692451) ((Anticipated budget of $28,000,000 > ; § 1.1.4 The Owner's anticipated design and construction milestone dates: .1 Design phase milestone dates, if any: .2 Construction commencement date: (dune 17, 2024 Si .3 Substantial Completion date or dates: ((October 17, 2025 >s .4 Other milestone dates: (( it § 1.1.5 The Owner's requirements for accelerated or fast -track scheduling, or phased construction, are set forth below: (Identify any requirements for fast -track scheduling or phased construction) § 1.1.6 The Owner's anticipated Sustainable Objective for the Project: (Identify and describe the Owner's Sustainable Objective far the Project, if any.) § 1.1.6.1 If the Owner identifies a Sustainable Objective, the Owner and Construction 1 incorporate AIA Document E234TAL2019, Sustainable Projects Exhibit, Construction 1 into this Agreement to define the terms, conditions and services related to the Owner's 2019 is incorporated into this agreement, the Owner and Construction Manager shall it 2019 into the agreements with the consultants and contractors performing services or N the Sustainable Objective. § 1.1.7 Other Project information: (Identify special characteristics or needs of the Project not provided elsewhere) § 1.1.8 The Owner identifies the following representative in accordance with Section 4.2: (List name, address, and other contact information) complete and instructor Edition, )bjective. If E234— completed E234— ay associated with § 1.1.9 The persons or entities, in addition to the Owner's representative, who are required to review the Construction Manager's submittals to the Owner are as follows: (List name, address and other contact information.) AIA Document A133 - 2019. Copyright m 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and ^AIA Contract Documents" are trademarks of The American Institute of Architects. This draft was produced at 11:5]:25 ET on 12/20/2023 under Order No.3104239503 which expires on 10/06/2024, is not for resale, is licensed for one -time use only, and may only be used in accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e- mail docinfo @aiacontracts.com. User Notes: (810692451) « Donny Carreno Beck Design 110 W Th St, Suite 710 Tulsa, OK 74119 918 -583 -5300 dcarreno @beckdesign.com » § 1.1.10 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information) 1 Geotechnical Engineer: «Terracon »(( )) « 9522 E 471h Pl, Suite D » ((Tulsa, OK « » .2 Civil Engineer: ((Wallace Design Collective »« » (Q2 N Martin Luther King Jr Blvd » «Tulsa, OK 74103 » .3 Other, if any: (List any other consultants retained by the Owner, such as a Project or Program Manager.) «Alvin Engineering 1001 W Wilshire Blvd, Suite 102 Oklahoma City, OK 73116 » § 1.1.11 The Architect's representative: (List name, address, and other contact information.) ((Donny Carreno Beck Design 110 W 70" St, Suite 710 Tulsa, OK 74119 918 -583 -5300 dcarreno @beckdesign.com » «» § 1.1.12 The Construction Manager identifies the following representative in accordance with Article 3: (List name, address, and other contact information.) Michael Phillips «437 E 141" Street » ((Glenpool, OK 74033 » «Telephone: 918 -215- 3312 ))michaelp @miller- tippens.com c» MA Document A133 - 2019. Copyright O 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," 'American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This draft was produced at 11:57:25 ET an 12120/2023 under Order No.3104239503 which expires on 10/06/2024, is not for resale, is licensed for 4 one -time use only, and may only be used in accordance with the AIA Contract Documents- Terms of Service. To report copyright violations, e- mail dacin£o0aiac0ntracts . com. User Notes: (810692451) § 1.1.13 The Owner's requirements for the Construction Manager's staffing plan for Preconstruction Services, as required under Section 3.1.9: (List any Owner - specific requirements to be included in the staffing plan) ((N/A a § 1.1.14 The Owner's requirements for subcontractor procurement for the performance of the (List any Owner - specific requirements for subcontractor procurement.) § 1.1.15 Other Initial Information on which this Agreement is based: § 1.2 The Owner and Construction Manager may rely on the Initial Information. Both parties,;however, recognize that such information may materially change and, in that event, the Owner and the Construction Manager shall appropriately adjust the Project schedule, the Construction Manager's services, and the Construction Manager's compensation. The Owner shall adjust the Owner's budget for the Guaranteed Maximum Price and the Owner's anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. § 1.3 Neither the Owner's nor the Construction Manager's representative shall be changed without ten days' prior notice to the other party. ARTICLE 2 GENERAL PROVISIONS § 2.1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. Upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal, the Contract Documents will also include the documents described in Section 3.2.3 and identified in the Guaranteed Maximum Price Amendment and revisions prepared by the Architect and furnished by the Owner as described in Section 3.2.8. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. If anything in the other Contract Documents, other than a Modification, is inconsistent with this Agreement, this Agreement shall govern. An enumeration of the Contract Documents, other than a Modification, appears in Article 15. § 2.2 Relationship of the Parties The Construction Manager accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Construction Manager's skill and judgment in furthering the interests of the Owner to furnish efficient construction administration, management services, and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in an expeditious and economical manner consistent with the Owner's interests. The Owner agrees to furnish or approve, in a timely manner, information required by the Construction Manager and to make payments to the Construction Manager in accordance with the requirements of the Contract Documents. § 2.3 General Conditions § 2.3.1 For the Preconstruction Phase, AIA Document A201Tm -2017, General Conditions of the Contract for Construction, shall apply as follows: Section 1.5, Ownership and Use of Documents; Section 1.7, Digital Data Use and Transmission; Section 1.8, Building Information Model Use and Reliance; Section 2.2.4, Confidential Information; Section 3.12.10, Professional Services; Section 10.3, Hazardous Materials; Section 13. 1, Governing Law. The term "Contractor" as used in A201 -2017 shall mean the Construction Manager. § 2.3.2 For the Construction Phase, the general conditions of the contract shall be as set forth in A201 -2017, which document is incorporated herein by reference. The term "Contractor" as used in A201 -2017 shall mean the Construction Manager. AIA Document A133 - 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and °AIA Contract Documents" are trademarks of The American Institute of Architects. This draft was produced at 11:57:25 ET on 12/20/2023 under Order No.3104239503 which expires on 10/06/2024, is not for resale, is licensed for one -time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e- mail docinfo @aiacontracts.com. User Notes: (810692451) ARTICLE 3 CONSTRUCTION MANAGER'S RESPONSIBILITIES The Construction Manager's Preconstruction Phase responsibilities are set forth in Sections 3.1 and 3.2, and in the applicable provisions of A201 -2017 referenced in Section 2.3.1. The Construction Manager's Construction Phase responsibilities are set forth in Section 3.3. The Owner and Construction Manager may agree, in consultation with the Architect, for the Construction Phase to commence prior to completion of the Preconstruction Phase, in which case, both phases will proceed concurrently. The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. § 3.1 Preconstruction Phase § 3.1.1 Extent of Responsibility The Construction Manager shall exercise reasonable care in performing its Preconstruction Services. The Owner and Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of services and information furnished by the Construction Manager. The Construction Manager, however, does not warrant or guarantee estimates and schedules except as may be included as part of the Guaranteed Maximum Price. The Construction Manager is not required to ascertain that the Drawings and Specifications are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Construction Manager shall promptly report to the Architect and Owner any nonconformity discovered by or made known to the Construction Manager as a request for information in such form as the Architect may require. § 3.1.2 The Construction Manager shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other. § 3.1.3 Consultation § 3.1.3.1 The Construction Manager shall schedule and conduct meetings with the Architect and Owner to discuss such matters as procedures, progress, coordination, and scheduling of the Work. § 3.1.3.2 The Construction Manager shall advise the Owner and Architect on proposed site use and improvements, selection of materials, building systems, and equipment. The Construction Manager shall also provide recommendation to the Owner and Architect, consistent with the Project requirements, on constructability; availability of materials and labor; time requirements for procurement, installation and construction; prefabrication; and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, life -cycle data, and possible cost reductions. The Construction Manager shall consult with the Architect regarding professional services to be provided by the Construction Manager during the Construction Phase. § 3.1.3.3 The Construction Manager shall assist the Owner and Architect in establishing building information modeling and digital data protocols for the Project, using AIA Document E203T"L2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. § 3.1.4 Project Schedule When Project requirements in Section 4. 1.1 have been sufficiently identified, the Construction Manager shall prepare and periodically update a Project schedule for the Architect's review and the Owner's acceptance. The Construction Manager shall obtain the Architect's approval for the portion of the Project schedule relating to the performance of the Architect's services. The Project schedule shall coordinate and integrate the Construction Manager's services, the Architect's services, other Owner consultants' services, and the Owner's responsibilities; and identify items that affect the Project's timely completion. The updated Project schedule shall include the following: submission of the Guaranteed Maximum Price proposal; components of the Work; times of commencement and completion required of each Subcontractor; ordering and delivery of products, including those that must be ordered in advance of construction; and the occupancy requirements of the Owner. § 3.1.5 Phased Construction The Construction Manager, in consultation with the Architect, shall provide recommendations with regard to accelerated or fast -track scheduling, procurement, and sequencing for phased construction. The Construction Manager shall take into consideration cost reductions, cost information, constructability, provisions for temporary facilities, and procurement and construction scheduling issues. AIA Document A133 - 2019. Copyright o 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "Amer an Institute of Architects," "AIA," the AIA Logo, and °AIA Contract Documents" are trademarks of The American Institute of Architects. This draft was produced at 11:57:25 ET on 12/20/2023 under Order No.3104239503 which expires on 10/06/2024, is not for resale, is licensed for one -time use only, and may only be used in accordance with the AIA Contract Documentsa Terms of Service. To report copyright violations, e- mail docinfc @aiacontracts.com. Darr Notes: (810692451) § 3.1.6 Cost Estimates § 3.1.6.1 Based on the preliminary design and other design criteria prepared by the Architect, the Construction Manager shall prepare, for the Architect's review and the Owner's approval, preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume, or similar conceptual estimating techniques. If the Architect or Construction Manager suggests alternative materials and systems, the Construction Manager shall provide cost evaluations of those alternative materials and systems. § 3.1.6.2 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall prepare and update, at appropriate intervals agreed to by the Owner, Construction Manager and Architect, an estimate of the Cost of the Work with increasing detail and refinement. The Construction Manager shall include in the estimate those costs to allow for the further development of the design, price escalation, and market conditions, until such time as the Owner and Construction Manager agree on a Guaranteed Maximum Price for the Work. The estimate shall be provided for the Architect's review and the Owner's approval. The Construction Manager shall inform the Owner and Architect in the event that the estimate of the Cost of the Work exceeds the latest approved Project budget, and make recommendations for corrective action. § 3.1.6.3 If the Architect is providing cost estimating services as a Supplemental Service, and aidiscrepancy exists between the Construction Manager's cost estimates and the Architect's cost estimates, the Construction Manager and the Architect shall work together to reconcile the cost estimates. § 3.1.7 As the Architect progresses with the preparation of the Schematic Design, Design Development Construction Documents, the Construction Manager shall consult with the Owner and Architect and mz recommendations regarding constructability and schedules, for the Architect's review and the Owner's' § 3.1.8 The Construction Manager shall provide recommendations and information to the regarding equipment, materials, services, and temporary Project facilities. § 3.1.9 The Construction Manager shall provide a staffing plan for Preconstruction Phase services for the Owner's review and approval. § 3.1.10 If the Owner identified a Sustainable Objective in Article 1, the Construction Manager shall fulfill its Preconstruction Phase responsibilities as required in AIA Document E234Tm -2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, attached to this Agreement. § 3.1.10.1 Throughout the preconstruction period, the Architect/Owner will provide Construction Manager with adequate design documents as needed to prepare accurate budgets. Construction Manager shall provide feedback in the form of updated budgets, and Architect will adjust design as is required in order to reduce the scope to be within the Owner's budget in the event that documents result in higher costs than the owner's budget allows. The Architect will provide developed drawings with enough detail to accurately detail the scope of work. Assuming the aforementioned occurs, should changes to the 100 % Construction Documents be required after bidding in order to achieve the Owner's budget prior to establishing the Guaranteed Maximum Price, the construction manager shall fully compensate the owner for all fees incurred from the Architect for redesign and rework of major changes to the drawings and/or specifications. Minor changes including material changes and detail revisions should not bear additional cost %to the construction manager. Construction Manager can't be liable for cost escalations that are not reasonably inferable, caused by acts of God, or force majeure situations. § 3.1.11 Subcontractors and Suppliers § 3.1.11.1 If the Owner has provided requirements for subcontractor procurement in section 1.1.14, the Construction Manager shall provide a subcontracting plan, addressing the Owner's requirements, for the Owner's review and approval. § 3.1.11.2 The Construction Manager shall develop bidders' interest in the Project. § 3.1.11.3 The processes described in Article 9 shall apply if bid packages will be issued during the Preconstruction Phase. AIA Document A133 - 2019. Copyright O 1991, 2003, 2009, and 2019. All rights reserved. °The American Institute of Architects," °American Institute of Architects,° "AIA," the AIA Logo, and ^AIA Contract Documents" are trademarks of The American Institute of Architects. This draft was produced at 11:57:25 ET on 12/20/2023 under Order No.3104239503 which expires on 10/06/2024, is not for resale, is licensed for one -time use only, and may only be used in accordance with the AIA Contract Documents" Terms Of Service. To report copyright violations, e- mail docinfo @aiacontracts.com. User Notes: (810692451) § 3.1.12 Procurement The Construction Manager shall prepare, for the Architect's review and the Owner's acceptance, a procurement schedule for items that must be ordered in advance of construction. The Construction Manager shall expedite and coordinate the ordering and delivery of materials that must be ordered in advance of construction. If the Owner agrees to procure any items prior to the establishment of the Guaranteed Maximum Price, the Owner shall procure the items on terms and conditions acceptable to the Construction Manager. Upon the establishment of the Guaranteed Maximum Price, the Owner shall assign all contracts for these items to the Construction Manager and the Construction Manager shall thereafter accept responsibility for them. § 3.1.13 Compliance with Laws The Construction Manager shall comply with applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to its performance under this Contract, and with equal employment opportunity programs, and other programs as may be required by governmental and quasi- govemmental authorities. § 3.1.14 Other Preconstruction Services Insert a description of any other Preconstruction Phase services to be provided by the Construction Manager, or reference an exhibit attached to this document (Describe any other Preconstruction Phase services, such as providing cash flow projections, development of a project information management system, early selection or procurement ofsubcontractors, etc.) § 3.2 Guaranteed Maximum Price Proposal § 3.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager, the Construction Manager shall prepare a Guaranteed Maximum Price proposal for the Owner's and Architect's review, and the Owner's acceptance. The Guaranteed Maximum Price in the proposal shall be the sum of the Construction Manager's estimate of the Cost of the Work, the Construction Manager's contingency described in Section 3.2.4, and the Construction Manager's Fee described in Section 6.1.2. § 3.2.2 To the extent that the Contract Documents are anticipated to require further development, the Guaranteed Maximum Price includes the costs attributable to such further development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include changes in scope, systems, kinds and quality of materials, finishes, or equipment, all of which, if required, shall be incorporated by Change Order. § 3.2.3 The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its basis, which shall include the following: .1 A list of the Drawings and Specifications, including all Addenda thereto, and the Conditions of the Contract; .2 A list of the clarifications and assumptions made by the Construction Manager in the preparation of the Guaranteed Maximum Price proposal, including assumptions under Section 3.2.2 .3 A statement of the proposed Guaranteed Maximum Price, including a statement of the estimated Cost of the Work organized by trade categories or systems, including allowances; the Construction Manager's contingency set forth in Section 3.2.4; and the Construction Manager's Fee; .4 The anticipated date of Substantial Completion upon which the proposed Guaranteed Maximum Price is based; and .5 A date by which the Owner must accept the Guaranteed Maximum Price. § 3.2.4 In preparing the Construction Manager's Guaranteed Maximum Price proposal, the Construction Manager shall include a contingency for the Construction Manager's exclusive use to cover those costs that are included in the Guaranteed Maximum Price but not otherwise allocated to another line item or included in a Change Order. § 3.2.5 The Construction Manager shall meet with the Owner and Architect to review the Guaranteed Maximum Price proposal. In the event that the Owner or Architect discover any inconsistencies or inaccuracies in the information presented, they shall promptly notify the Construction Manager, who shall make appropriate adjustments to the Guaranteed Maximum Price proposal, its basis, or both. AIA Document A133 - 2019. Copyright 0 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,^ the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This draft was produced at 11:57:25 ET on 12/20/2023 under Order No.3104239503 which expires on 10/06/2024, is Out for resale, is licensed for one -time use only, and may only be used in accordance with the AIA Contract Documentse Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (830692451) § 3.2.6 If the Owner notifies the Construction Manager that the Owner has accepted the Guaranteed Maximum Price proposal in writing before the date specified in the Guaranteed Maximum Price proposal, the Guaranteed Maximum Price proposal shall be deemed effective without further acceptance from the Construction Manager. Following acceptance of a Guaranteed Maximum Price, the Owner and Construction Manager shall execute the Guaranteed Maximum Price Amendment amending this Agreement, a copy of which the Owner shall provide to the Architect. The Guaranteed Maximum Price Amendment shall set forth the agreed upon Guaranteed Maximum Price with the information and assumptions upon which it is based. § 3.2.7 The Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work prior to the execution of the Guaranteed Maximum Price Amendment, unless the Owner provides prior written authorization for such costs. § 3.2.8 The Owner shall authorize preparation of revisions to the Contract Documents that incorporate the agreed -upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment. The Owner shall promptly furnish such revised Contract Documents to the Construction Manager. The Construction Manager shall notify the Owner and Architect of any inconsistencies between the agreed -upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment and the revised Contract Documents. § 3.2.9 The Construction Manager shall include in the Guaranteed Maximum Price all sales, consumer, use and similar taxes for the Work provided by the Construction Manager that are legally enacted, whether ornot yet effective, at the time the Guaranteed Maximum Price Amendment is executed. § 3.3 Construction Phase § 3.3.1 General § 3.3.1.1 For purposes of Section 8.1.2 of A201 -2017, the date of commencement of the Work shall mean the date of commencement of the Construction Phase. § 3.3.1.2 The Construction Phase shall commence upon the Owner's execution of the Guaranteed Maximum Price Amendment or, prior to acceptance of the Guaranteed Maximum Price proposal, by written agreement of the parties. The written agreement shall set forth a description of the Work to be performed by the Construction Manager, and any insurance and bond requirements for Work performed prior to execution of the Guaranteed Maximum Price Amendment. § 3.3.2 Administration § 3.3.2.1 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures, progress, coordination, scheduling, and status of the Work. The Construction Manager shall prepare and promptly distribute minutes of the meetings to the Owner and Architect. § 3.3.2.2 Upon the execution of the Guaranteed Maximum Price Amendment, the Construction Manager shall prepare and submit to the Owner and Architect a construction schedule for the Work and a submittal schedule in accordance with Section 3.10 of A201 -2017. § 3.3.2.3 Monthly Report The Construction Manager shall record the progress of the Project. On a monthly basis, or otherwise as agreed to by the Owner, the Construction Manager shall submit written progress reports to the Owner and Architect, showing percentages of completion and other information required by the Owner. § 3.3.2.4 Daily Logs The Construction Manager shall keep, and make available to the Owner and Architect, a daily log containing a record for each day of weather, portions of the Work in progress, number of workers on site, identification of equipment on site, problems that might affect progress of the work, accidents, injuries, and other information required by the Owner. § 3.3.2.5 Cost Control The Construction Manager shall develop a system of cost control for the Work, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. The Construction Manager shall identify variances between actual and estimated costs and report the variances to the Owner and Architect, and AIA Document A133 - 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. °The American Institute of Architects,- "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This draft was produced at 11:57:25 ET on 12/20/2023 under Order No.3104239503 which expires on 10/06/2029, is not for resale, is licensed for one -time use only, and may only be used In accordance with the AIA Contract Documents' Terms of Service. To report copyright violations, e- mail docinfoeaiacontracts.com. User Note.: (810692951) shall provide this information in its monthly reports to the Owner and Architect, in accordance with Section 3.3.2.3 above. ARTICLE 4 OWNER'S RESPONSIBILITIES § 4.1 Information and Services Required of the Owner § 4.1.1 The Owner shall provide information with reasonable promptness, regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, constraints, and criteria, including schedule, space requirements and relationships, flexibility and expandability, special equipment, systems, sustainability and site requirements. § 4.1.2 Prior to the execution of the Guaranteed Maximum Price Amendment, the Construction Manager may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements' to fulfill the Owner's obligations under the Contract. After execution of the Guaranteed Maximum Price Amendment, the Construction Manager may request such information as set forth in A201 -2017 Section 2.2. § 4.1.3 The Owner shall establish and periodically update the Owner's budget for the Project, including (I) the budget for the Cost of the Work as defined in Article 7, (2) the Owner's other costs, and (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Construction Manager and Architect. The Owner and the Architect, in consultation with the Construction Manager, shall thereafter agree to a corresponding change in the Project's scope and quality. § 4.1.4 Structural and Environmental Tests, Surveys and Reports. During the Preconstruction Phase, the Owner shall furnish the following information or services with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Construction Manager's performance of the Work with reasonable promptness after receiving the Construction Manager's written request for such information or services. The Construction Manager shall be entitled to rely on the accuracy of information and services furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 4.1.4.1 The Owner shall famish tests, inspections, and reports, required by law and as otherwise' agreed to by the parties, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 4.1.4.2 The Owner shall furnish surveys-describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and other necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and ,'private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 4.1.4.3 The Owner, when such services are requested, shall furnish services of geotechnical engineers;, which may include test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations, for anticipating subsoil conditions, with written reports and appropriate recommendations. § 4.1.5 During the Construction Phase, the Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Construction Manager's performance of the Work with reasonable promptness after receiving the Construction Manager's written request for such information or services. § 4.1.6 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in AIA Document E234Tm -2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, attached to this Agreement. AIA Document A133 - 2019. Copyright O 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and °AIA Contract Documents" are trademarks of The American Institute of Architects. This dr to aft was produced at 11:57:25 ET on 12/20/2023 under Order No.3104239503 which expires on 10/06/2024, is not for resale, is licensed for one -time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e- mail docinfo @aiacontracts.com. User Notes: (810692451) § 4.2 Owner's Designated Representative The Owner shall identify a representative authorized to act on behalf of the Owner with respect to the Project. The Owner's representative shall render decisions promptly and furnish information expeditiously, so as to avoid unreasonable delay in the services or Work of the Construction Manager. Except as otherwise provided in Section 4.2.1 of A201 -2017, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. § 4.2.1 Legal Requirements. The Owner shall furnish all legal, insurance and accounting se services, that may be reasonably necessary at any time for the Project to meet the Owner's § 4.3 Architect The Owner shall retain an Architect to provide services, duties and responsibilities as descril B 133TM -2019, Standard Form of Agreement Between Owner and Architect, Construction M Edition, including any additional services requested by the Construction Manager that are ne Preconstruction and Construction Phase services under this Agreement. The Owner shall prc Manager with a copy of the scope of services in the executed agreement between the Owner further modifications to the Architect's scope of services in the agreement. ARTICLE 5 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVIC § 5.1 Compensation § 5.1.1 For the Construction Manager's Preconstruction Phase services described in Sections shall compensate the Construction Manager as follows: (Insert amount of or basis for, compensation and include a list of reimbursable cost items, as s, including auditing Is and interests. I in AIA Document ager as Constructor >sary for the le the Construction d the Architect, and any § 5.1.2 The hourly billing rates for Preconstruction Phase services of the Construction Manager and Manager's Consultants and Subcontractors, if any, are set forth below. (If applicable, attach an exhibit ofhourly billing rates or insert them below.) Individual or Position Rate § 5.1.2.1 Hourly billing rates for Preconstruction Phase services include all costs to be paid or Construction Manager, as required by law or collective bargaining agreements, for taxes, insu assessments and benefits and, for personnel not covered by collective bargaining agreements, as sick leave, medical and health benefits, holidays, vacations and pensions, and shall remain i parties execute a Modification. § 5.1.3 If the Preconstruction Phase services covered by this Agreement have not been c months of the date of this Agreement, through no fault of the Construction Manager, the compensation for Preconstruction Phase services shall be equitably adjusted. the Owner the benefits such unless the 0( § 5.2 Payments § 5.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. § 5.2.2 Payments are due and payable upon presentation of the Construction Manager's invoice. Amounts unpaid aThirryu ( « 30 ») days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construction Manager. (Insert rate of monthly or annual interest agreed upon) e 1.5' }i % «per month AIA Document A133 - 2019. Copyright b 1991, 2003, 2009, and 2019- All rights reserved. 'The American Institute of Architects,' 'American Institute of Architects," °AIA,^ the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This 1.1 draft was produced at 11:57:25 ET on 12/20/2023 under Order No.3304239503 which expires on 10/06/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents Terms of Service. To report copyright violations, r- ail docinfo @aiacontracts.com. Ueer Notes: (810692451) ARTICLE 6 COMPENSATION FOR CONSTRUCTION PHASE SERVICES § 6.1 Contract Sum § 6.1.1 The Owner shall pay the Construction Manager the Contract Sum in current funds for the Construction Manager's performance of the Contract after execution of the Guaranteed Maximum Price Amendment. The Contract Sum is the Cost of the Work as defined in Article 7 plus the Construction Manager's Fee. § 6.1.2 The Construction Manager's Fee: (State a lump sum, percentage of Cost ofthe Work or other provision for determining the Construction Manager's Fee.) § 6.1.3 The method of adjustment of the Construction Manager's Fee for changes in the § 6.1.4 Limitations, if any, on a Subcontractor's overhead and profit for increases in the cost of its portion of the Work: § 6.1.5 Rental rates for Construction Manager -owned equipment shall not exceed ((one hundred » percent ( «100 > %) of the standard rental rate paid at the place of the Project. § 6.1.6 Liquidated damages, if any: (Insert terms and conditions for liquidated damages, if any.) § 6.1.7 Other: (Insert provisions far bonus, cost savings or other incentives, if any, that might result in a change to the Contract Sum) § 6.2 Guaranteed Maximum Price The Construction Manager guarantees that the Contract Sum shall not exceed the Guaranteed Maximum Price set forth in the Guaranteed Maximum Price Amendment, subject to additions and deductions by Change Order as provided in the Contract Documents. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Construction Manager without reimbursement by the Owner. § 6.3 Changes in the Work § 6.3.1 The Owner may, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions. The Owner shall issue such changes in writing. The Construction Manager may be entitled to an equitable adjustment in the Contract Time as a result of changes in the Work. § 6.3.1.1 The Architect may order minor changes in the Work as provided in Article 7 of AIA Document A201 -2017, General Conditions of the Contract for Construction. § 6.3.2 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution of the Guaranteed Maximum Price Amendment may be determined by any of the methods listed in Article 7 of AIA Document A201 -2017, General Conditions of the Contract for Construction. § 6.3.3 Adjustments to subcontracts awarded on the basis of a stipulated sum shall be determined in accordance with Article 7 of A201 -2017, as they refer to "cost" and "fee," and not by Articles 6 and 7 of this Agreement. Adjustments to subcontracts awarded with the Owner's prior written consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts. AIA Document A133 - 2019. Copyright O 1991, 2003, 2009, and 2019. All rights reserved. 'The American Institute of Architects,- "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This 12 draft was produced at 11:57:25 ET on 12/20/2023 under Order No.3104239503 which expires on 10/06/2024, is not for resale, is licensed for one -time use only, and may only be used in accordance with the AIA Contract Documents Terms of Service. To report copyright violations, e- mail docinfo @aiacontracts.com. User Notes: (810692451) § 6.3.4 In calculating adjustments to the Guaranteed Maximum Price, the terms "cost" and "costs" as used in Article 7 of AIA Document A201 -2017 shall mean the Cost of the Work as defined in Article 7 of this Agreement and the term "fee" shall mean the Construction Manager's Fee as defined in Section 6.1.2 of this Agreement. § 6.3.5 Construction Manager shall provide all necessary supporting documentation to sustantiate all claims for additional contract time and/or cost of work associated with the change. ARTICLE 7 COST OF THE WORK FOR CONSTRUCTION PHASE § 7.1 Costs to Be Reimbursed § 7.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Construction Manager in the proper performance of the Work. The Cost of the Work shall include only the items set forth in Sections 7.1 through 7.7. § 7.1.2 Where, pursuant to the Contract Documents, any cost is subject to the Owner's prior approval, the Construction Manager shall obtain such approval in writing prior to incurring the cost. § 7.1.3 Costs shall be at rates not higher than the standard rates paid at the place of the Project, except with prior approval of the Owner. § 7.2 Labor Costs § 7.2.1 Wages or salaries of construction workers directly employed by the Construction Manager to perform the construction of the Work at the site or, with the Owner's prior approval, at off -site workshops. § 7.2.2 Wages or salaries of the Construction Manager's supervisory and administrative personnel when stationed at the site and performing Work, with the Owner's prior approval. § 7.2.2.1 Wages or salaries of the Construction Manager's supervisory and administrative personnel when performing Work and stationed at a location other than the site, but only for that portion of time required for the Work, and limited to the personnel and activities listed below: (Identify the personnel, type ofactivity and, ifapplicable, any agreed upon percentage of time to be devoted to the Work.) § 7.2.3 Wages and salaries of the Construction Manager's supervisory or administrative personnel engaged at factories, workshops or while traveling, in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work. § 7.2.4 Costs paid or incurred by the Construction Manager, as required by law or collective bargaining agreements, for taxes, insurance, contributions, assessments and benefits and, for personnel not covered by collective bargaining agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such costs are based on wages and salaries included in the Cost of the Work under Sections 7.2.1 through 7.2.3. § 7.2.5 If agreed rates for labor costs, in lieu of actual costs, are provided in this Agreement, the rates shall remain unchanged throughout the duration of this Agreement, unless the parties execute a Modification. § 7.3 Subcontract Costs Payments made by the Construction Manager to Subcontractors in accordance with the requirements of the subcontracts and this Agreement. § 7.4 Costs of Materials and Equipment Incorporated in the Completed Construction § 7.4.1 Costs, including transportation and storage at the site, of materials and equipment incorporated, or to be incorporated, in the completed construction. AIA Document A133 - 2019. Copyright n 1991, 2003, 2009, and 2019. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This 13 draft was produced at 11:51:25 ET on 12/20/2023 under Order No.3104239503 which expires on 10/06/2024, is not for resale, is licensed for one -time use only, and may only be used in accordance with the AIA Contract Documents' Terms of Service. To report copyright violations, e- mail docinfo @aiacontracts.com. User Notes: (810692451) § 7.4.2 Costs of materials described in the preceding Section 7.4.1 in excess of those actually installed to allow for reasonable waste and spoilage. Unused excess materials, if any, shall become the Owner's property at the completion of the Work or, at the Owner's option, shall be sold by the Construction Manager. Any amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of the Work. § 7.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items § 7.5.1 Costs of transportation, storage, installation, dismantling, maintenance, and removal of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and fully consumed in the performance of the Work. Costs of materials, supplies, temporary facilities, machinery, equipment, and tools, that are not fully consumed, shall be based on the cost or value of the item at the time it is first used on the Project site less the value of the item when it is no longer used at the Project site. Costs for items not fully consumed by the Construction Manager shall mean fair market value. § 7.5.2 Rental charges for temporary facilities, machinery, equipment, and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site, and the costs of transportation, installation, dismantling, minor repairs, and removal of such temporary facilities, machinery, equipment, and hand tools. Rates and quantities of equipment owned by the Construction Manager, or a related party as defined in Section 7.8, shall be subject to the Owner's prior approval. The total rental cost of any such equipment may not exceed the purchase price of any comparable item. § 7.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal § 7.5.4 Costs of the Construction Manager's site office, including general office equipment and supplies. § 7.5.5 Costs of materials and equipment suitably stored off the site at a mutually acceptable location; subject to the Owner's prior approval. § 7.6 Miscellaneous Costs § 7.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. § 7.6.1.1 Costs for self - insurance, for either full or partial amounts of the coverages required by "the Contract Documents, with the Owner's prior approval. § 7.6.1.2 Costs for insurance through a captive insurer owned or controlled by the Construction?Manager, with the Owner's prior approval. § 7.6.2 Sales, use, or similar taxes, imposed by a governmental authority, that are related to the Work and for which the Construction Manager is liable. § 7.6.3 Fees and assessments for the building permit, and for other permits, licenses, and inspections, for which the Construction Manager is required by the Contract Documents to pay. § 7.6.4 Fees of laboratories for tests required by the Contract Documents; except those related to defective or nonconforming Work for which reimbursement is excluded under Article 13 of AIA Document A201 -2017 or by other provisions of the Contract Documents, and which do not fall within the scope of Section 7.7.3. § 7.6.5 Royalties and license fees paid for the use of a particular design, process, or product, required by the Contract Documents. § 7.6.5.1 The cost of defending suits or claims for infringement of patent rights arising from requirements of the Contract Documents, payments made in accordance with legal judgments against the Construction Manager resulting from such suits or claims, and payments of settlements made with the Owner's consent, unless the Construction Manager had reason to believe that the required design, process, or product was an infringement of a copyright or a patent, and the Construction Manager failed to promptly furnish such information to the Architect as required by Article 3 of AIA Document A201 -2017. The costs of legal defenses, judgments, and settlements shall not be included in the Cost of the Work used to calculate the Construction Manager's Fee or subject to the Guaranteed Maximum Price. AIA Document A133 - 2019. Copyright O 1991, 2003, 2009, and 2019. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This 14 draft was produced at 11:57:25 ET on 12/2012023 under Order No.3109239503 which expires on 10/06/2024, is not for resale, is licensed for one -time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e- mail docinfo @aiacontracts.com. User Notes: (810692951) § 7.6.6 Costs for communications services, electronic equipment, and software, directly related to the Work and located at the site, with the Owner's prior approval. § 7.6.7 Costs of document reproductions and delivery charges. § 7.6.8 Deposits lost for causes other than the Construction Manager's negligence or failure to fulfill a specific responsibility in the Contract Documents. § 7.6.9 Legal, mediation and arbitration costs, including attorneys' fees, other than those arising from disputes between the Owner and Construction Manager, reasonably incurred by the Construction Manager after the execution of this Agreement in the performance of the Work and with the Owner's prior approval, which shall not be unreasonably withheld. § 7.6.10 Expenses incurred in accordance with the Construction Manager's standard written personnel policy for relocation and temporary living allowances of the Construction Manager's personnel required for the Work, with the Owner's prior approval. § 7.6.11 That portion of the reasonable expenses of the Construction Manager's supervisory or administrative personnel incurred while traveling in discharge of duties connected with the Work. § 7.7 Other Costs and Emergencies § 7.7.1 Other costs incurred in the performance of the Work, with the Owner's prior approval. § 7.7.2 Costs incurred in taking action to prevent threatened damage, injury, or loss, in case of an emergency affecting the safety of persons and property, as provided in Article 10 of AIA Document A201 -2017. § 7.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Construction Manager, Subcontractors, or suppliers, provided that such damaged or nonconforming Work was not caused by the negligence of or failure to fulfill a specific responsibility by, the Construction Manager, and only to the extent that the cost of repair or correction is not recovered by the Construction Manager from insurance, sureties, Subcontractors, suppliers, or others. § 7.7.4 The costs described in Sections 7.1 through 7.7 shall be included in the Cost of the Work, notwithstanding any provision of AIA Document A201 -2017 or other Conditions of the Contract which may require the Construction Manager to pay such costs, unless such costs are excluded by the provisions of Section 7.9. § 7.8 Related Party Transactions § 7.8.1 For purposes of this Section 7.8, the term "related party" shall mean (1) a parent, subsidiary, affiliate, or other entity having common ownership of, or sharing common management with, the Construction Manager; (2) any entity in which any stockholder in, or management employee of, the Construction Manager holds an equity interest in excess of ten percent in the aggregate; (3) any entity which has the right to control the business or affairs of the Construction Manager; or (4) any person, or any member of the immediate family of any person, who has the right to control the business or affairs of the Construction Manager. § 7.8.2 If any of the costs to be reimbursed arise from a transaction between the Construction Manager and a related party, the Construction Manager shall notify the Owner of the specific nature of the contemplated transaction, including the identity of the related party and the anticipated cost to be incurred, before any such transaction is corsummated or cost incurred. If the Owner, after such notification, authorizes the proposed transaction in writing, then the cost incurrec shall be included as a cost to be reimbursed, and the Construction Manager shall procure the Work; equipment, goods, or service, from the related party, as a Subcontractor, according to the terms of Article 9. If the Owner fails to authorize the transaction in writing, the Construction Manager shall procure the Work, equipment, goods, or service from some person or entity other than a related party according to the terms of Article 9. § 7.9 Costs Not To Be Reimbursed § 7.9.1 The Cost of the Work shall not include the items listed below: .1 Salaries and other compensation of the Construction Manager's personnel stationed at the Construction Manager's principal office or offices other than the site office, except as specifically provided in Section 7.2, or as may be provided in Article 14; AIA Document A133 - 2019. Copyright O 1991, 2003, 2009, and 2019. All rights reserved. 'The American Institute of Architects," ^American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This lE draft was produced at 11:57:25 ET on 12/20/2023 under Order No.3104239503 which expires on 10/06/2024, is not for resale, is licensed for e - time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e- mail docinfo @aiacontracts.com. User Note.: (830692451) .2 Bonuses, profit sharing, incentive compensation, and any other discretionary payments, paid to anyone hired by the Construction Manager or paid to any Subcontractor or vendor, unless the Owner has provided prior approval; .3 Expenses of the Construction Manager's principal office and offices other than the site office; .4 Overhead and general expenses, except as may be expressly included in Sections 7.1 to 7.7; .5 The Construction Manager's capital expenses, including interest on the Construction Manager's capital employed for the Work; .6 Except as provided in Section 7.7.3 of this Agreement, costs due to the negligence of, or failure to fulfill a specific responsibility of the Contract by, the Construction Manager, Subcontractors, and suppliers, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable; .7 Any cost not specifically and expressly described in Sections 7.1 to 7.7; .8 Costs, other than costs included in Change Orders approved by the Owner, that would cause the Guaranteed Maximum Price to be exceeded; and .9 Costs for services incurred during the Preconstruction Phase. ARTICLE 8 DISCOUNTS, REBATES, AND REFUNDS § 8.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if (1) before making the payment, the Construction Manager included the amount to be paid, less such discount; in an Application for Payment and received payment from the Owner, or (2) the Owner has deposited funds with the Construction Manager with which to make payments; otherwise, cash discounts shall accrue to the Construction Manager. Trade discounts, rebates, refunds, and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be obtained. § 8.2 Amounts that accrue to the Owner in accordance with the provisions of Section 8.1 shall be as a deduction from the Cost of the Work. ARTICLE 9 SUBCONTRACTS AND OTHER AGREEMENTS § 9.1 Those portions of the Work that the Construction Manager does not customarily perform with Manager's own personnel shall be performed under subcontracts or other appropriate agreements wi Manager. The Owner may designate specific persons from whom, or entities from which, the Contt) shall obtain bids. The Construction Manager shall obtain bids from Subcontractors, and from supplii equipment fabricated especially for the Work, who are qualified to perform that portion of the Work the requirements of the Contract Documents. The Construction Manager shall deliver such bids -to,it Owner with an indication as to which bids the Construction Manager intends to accept. The Owner t review the Construction Manager's list of proposed subcontractors and suppliers in consultation wit] subject to Section 9.1.1, to object to any subcontractor or supplier. Any advice of the Architect, or a] by the Owner, shall not relieve the Construction Manager of its responsibility to perform the Work i the Contract Documents. The Construction Manager shall not be required to contract with anyone to Construction Manager has reasonable objection. to the Owner re Construction tithe Construction ction Manager s of materials or n accordance with Architect and en has the right to the Architect and, 3roval or objection accordance with vhom the § 9.1.1 When a specific subcontractor or supplier (1) is recommended to the Owner by the Construction Manager; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Construction Manager may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner. § 9.2 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement, and shall not be awarded on the basis of cost plus a fee without the Owner's prior written approval. If a subcontract is awarded on the basis of cost plus a fee, the Construction Manager shall provide in the subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Construction Manager in Article 10. ARTICLE 10 ACCOUNTING RECORDS The Construction Manager shall keep full and detailed records and accounts related to the Cost of the Work, and exercise such controls, as may be necessary for proper financial management under this Contract and to substantiate all costs incurred. The accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner's AIA Document A133 - 2019. Copyright ® 1991, 2003, 2009, and 2019. All rights reserved. `The American Institute of Architects," "American Institute of Architects,^ "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This 16 draft was produced at 11:57:25 ET on 12/20/2023 under Order No.3104239503 which expires on 10/06/2024, is not for resale, is licensed for one -time use only, and may only be used in accordance with the AIA Contract Documente Terms of Service. To report copyright violations, e- mail docinfo @aiacontracts.com. User Notes: (810692451) auditors shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit and copy, the Construction Manager's records and accounts, including complete documentation supporting accounting entries, books, job cost reports, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor's proposals, Subcontractor's invoices, purchase orders, vouchers, memoranda, and other data relating to this Contract. The Construction Manager shall preserve these records for a period of three years after final payment, or for such longer period as may be required by law. ARTICLE 11 PAYMENTS FOR CONSTRUCTION PHASE SERVICES § 11.1 Progress Payments § 11.1.1 Based upon Applications for Payment submitted to the Architect by the Construction Manager, and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum, to the Construction Manager, as provided below and elsewhere in the Contract Documents. § 11.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 11.1.3 Provided that an Application for Payment is received by the Architect not later than the a25th > day of a month, the Owner shall make payment of the amount certified to the Construction Manager not later than the «25th i> day of the «following » month. If an Application for Payment is received by the Architect after the application date fixed above, payment of the amount certified shall be made by the Owner not later than ((Thirty i> ( 00 >) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 11.1.4 With each Application for Payment, the Construction Manager shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that payments already made by the Construction Manager on account of the Cost of the Work equal or exceed progress payments already received by the Construction Manager, plus payrolls for the period covered by the present Application for Payment, less that portion of the progress payments attributable to the Construction Manager's Fee. § 11.1.5 Each Application for Payment shall be based on the most recent schedule of values submitted by the Construction Manager in accordance with the Contract Documents. The schedule of values shall allocate the entire Guaranteed Maximum Price among: (1) the various portions of the Work; (2) any contingency for costs that are included in the Guaranteed Maximum Price but not otherwise allocated to another line item or included in a Change Order; and (3) the Construction Manager's Fee. § 11.1.5.1 The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. The schedule of values shall be used as a basis for reviewing the Construction Manager's Applications for Payment. § 11.1.5.2 The allocation of the Guaranteed Maximum Price under this Section 11. 1.5 shall notconstitute a separate guaranteed maximum price for the Cost of the Work of each individual line item in the schedule of values. § 11.1.5.3 When the Construction Manager allocates costs from a contingency to another line item in the schedule of values, the Construction Manager shall submit supporting documentation to the Architect. § 11.1.6 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed, or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the Construction Manager on account of that portion of the Work and for which the Construction Manager has made payment or intends to make payment prior to the next Application for Payment, by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. § 11.1.7 In accordance with AIA Document A201 -2017 and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: AIA Document A133 - 2019. Copyright o 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," °American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This 1,7 draft was produced at 11:57:25 ET on 12/20/2023 under Order No.3104239503 which expires on 10/06/2024, is not for resale, is licensed for one -time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, B- ail docinfo @aiaccntracts.com. Doer Notes: (010692451) 11.1.7.1 The amount of each progress payment shall first include: .1 That portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the most recent schedule of values; .2 That portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction or, if approved in writing in advance by the Owner, suitably stored off the site at a location agreed upon in writing; .3 That portion of Construction Change Directives that the Architect determines, in the Architect's professional judgment, to be reasonably justified; and .4 The Construction Manager's Fee, computed upon the Cost of the Work described in the preceding Sections 11.1.7.1.1 and 11.1.7.1.2 at the rate stated in Section 6.1.2 or, if the Construction Manager's Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed -sum fee as the Cost of the Work included in Sections 11.1.7.1.1 and 11.1.7.1.2 bears to a reasonable estimate of the probable Cost of the Work upon its completion. 11.1.7.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201 -2017; .3 Any amount for which the Construction Manager does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Construction Manager intends to pay; .4 For Work performed or defects discovered since the last payment application, any amount for which the Architect may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A201 -2017; .5 The shortfall, if any, indicated by the Construction Manager in the documentation required by Section 11. 1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's auditors in such documentation; and .6 Retainage withheld pursuant to Section 11.1.8. § 11.1.8 Retainage § 11.1.8.1 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold the following amount, as retainage, from the oavment otherwise due: § 11.1.8.1.1 The following items are not subject to retainage: (Insert any items not subject to the withholding of retainage, such as general conditions, § 11.1.8.2 Reduction or limitation of retainage, if any, shall be as follows: (If the retainage established in Section 11.1.8.1 is to be modified prior to Substantial Completion of the entire Work, insert provisions for such modification) § 11.1.8.3 Except as set forth in this Section 11.1.8.3, upon Substantial Completion of the Work, the' Construction Manager may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 11.1.8. The Application for Payment submitted at Substantial Completion shall not include retainage as follows: (Insert any other conditions for release of retainage, such as upon completion ofthe Owner's audit and reconciliation, upon Substantial Completion) ((N/A AIA Document A133 - 2019. Copyright 0 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This 18 draft was produced at 11:57:25 ET on 12/20/2023 under Order No.3104239503 which expires on 10/06/2024, is not for resale, is licensed for one -time use only, and may only be used in accordance with the AIA Contract Documentse Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.con. User Notes: (810692451) § 11.1.9 If final completion of the Work is materially delayed through no fault of the Construction Manager, the Owner shall pay the Construction Manager any additional amounts in accordance with Article 9 of AIA Document A201 -2017. § 11.1.10 Except with the Owner's prior written approval, the Construction Manager shall not make advance payments to suppliers for materials or equipment which have not been delivered and suitably stored at the site. § 11.1.11 The Owner and the Construction Manager shall agree upon a mutually acceptable approval of payments to Subcontractors, and the percentage of retainage held on Subcontra Manager shall execute subcontracts in accordance with those agreements. § 11.1.12 In taking action on the Construction Manager's Applications for Payment the Archi on the accuracy and completeness of the information furnished by the Construction Manager, be deemed to be a representation that (1) the Architect has made a detailed examination, audi verification, of the documentation submitted in accordance with Section 11. 1.4 or other supp( Architect has made exhaustive or continuous on -site inspections; or (3) that the Architect has ascertain how or for what purposes the Construction Manager has used amounts previously p Contract. Such examinations, audits, and verifications, if required by the Owner, will be perfr auditors acting in the sole interest of the Owner. § 11.2 Final Payment § 11.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be in Construction Manager when .1 the Construction Manager has fully performed the Contract, except for the Con responsibility to correct Work as provided in Article 12 of AIA Document A20 other requirements, if any, which extend beyond final payment; .2 the Construction Manager has submitted a final accounting for the Cost of the Application for Payment; and .3 a final Certificate for Payment has been issued by the Architect in accordance c ire for review and the Construction shall be entitled to rely such action shall not arithmetic g data; (2) that the le examinations to in account of the d by the Owner's .1 Owner to the Manager's ind to satisfy a final m 11.2.2.2. § 11.2.2 Within 30 days of the Owner's receipt of the Construction Manager's final accounting for the Cost of the Work, the Owner shall conduct an audit of the Cost of the Work or notify the Architect that it will not conduct an audit. § 11.2.2.1 If the Owner conducts an audit of the Cost of the Work, the Owner shall, within 10 days after completion of the audit, submit a written report based upon the auditors' findings to the Architect. § 11.2.2.2 Within seven days after receipt of the written report described in Section 11.2.2.1, orrecept of notice that the Owner will not conduct an audit, and provided that the other conditions of Section 11.2.1 have been met, the Architect will either issue to the Owner a final Certificate for Payment with a copy to the Construction Manager, or notify the Construction Manager and Owner in writing of the Architect's reasons for withholding a certificate as provided in Article 9 of AIA Document A201 -2017. The time periods stated in this Section 11.2.2 supersede those stated in Article 9 of AIA Document A201 -2017. The Architect is not responsible for verifying the accuracy of the Construction Manager's final accounting. § 11.2.2.3 If the Owner's auditors' report concludes that the Cost of the Work, as substantiated by the Construction Manager's final accounting, is less than claimed by the Construction Manager, the Construction Manager shall be entitled to request mediation of the disputed amount without seeking an initial decision pursuant to Article 15 of AIA Document A201 -2017. A request for mediation shall be made by the Construction Manager within 30 days after the Construction Manager's receipt of a copy of the Architect's final Certificate for Payment. Failure to request mediation within this 30 -day period shall result in the substantiated amount reported by the Owner's auditors becoming binding on the Construction Manager. Pending a final resolution of the disputed amount, the Owner shall pay the Construction Manager the amount certified in the Architect's final Certificate for Payment. § 11.2.3 The Owner's final payment to the Construction Manager shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: <dQ /As» , AIA Document A133 - 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," ^AIA," the AIA Logo, and °AIA Contract Documents" are trademarks of The American Institute of Architects. This draft was produced at 11:57:25 ET on 12/20/2023 under Order No.3104239503 which expires on 10/06/2024, is not for resale, is licensed for 19 one -time use only, and may only be used in accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e- mail docinfo @aiacontracts.com. User Notes: (810692451) § 11.2.4 If, subsequent to final payment, and at the Owner's request, the Construction Manager incurs costs, described in Sections 7.1 through 7.7, and not excluded by Section 7.9, to correct defective or nonconforming Work, the Owner shall reimburse the Construction Manager for such costs, and the Construction Manager's Fee applicable thereto, on the same basis as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price. If adjustments to the Contract Sum are provided for in Section 6.1.7, the amount of those adjustments shall be recalculated, taking into account any reimbursements made pursuant to this Section 11.2.4 in determining the net amount to be paid by the Owner to the Construction Manager. § 11.3 Interest Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) a1.5 i» % «monthly ARTICLE 12 DISPUTE RESOLUTION § 12.1 Initial Decision Maker § 12.1.1 Any Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions set forth in this Article 12 and Article 15 of A201 -2017. However, for Claims arising from or relating to the Construction Manager's Preconstruction Phase services, no decision by the Initial Decision Maker shall be required as a condition precedent to mediation or binding dispute resolution, and Section 12.1.2 of this Agreement shall not apply. § 12.1.2 The Architect will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201 -2017 for Claims arising from or relating to the Construction Manager's Construction Phase services, unless the parties appoint below another individual, not a party to the Agreement, to serve as the Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) § 12.2 Binding Dispute Resolution For any Claim subject to, but not resolved by mediation pursuant to Article 15 of AIA Document A201 -2017, the method of binding dispute resolution shall be as follows: (Check the appropriate box) (u X » ] Arbitration pursuant to Article 15 of AIA Document A201 -2017 (a DI Litigation in a court of competent jurisdiction Other: (Spec) If the Owner and Construction Manager do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction. ARTICLE 13 TERMINATION OR SUSPENSION § 13.1 Termination Prior to Execution of the Guaranteed Maximum Price Amendment § 13.1.1 If the Owner and the Construction Manager do not reach an agreement on the Guaranteed Maximum Price, the Owner may terminate this Agreement upon not less than seven days' written notice to the Construction Manager, and the Construction Manager may terminate this Agreement, upon not less than seven days' written notice to the Owner. AIA Document A133 - 2019. Copyright 6 1991, 2003, 2009, and 2019. All rights reserved. 'The American Institute of Architects,' "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This 20 draft was produced at 11:57:25 ET on 12/20/2023 under Order No.3104239503 which expires on 10/06/2024, is not for resale, is licensed for one -time use only, and may only be used in accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e- mail docinfo @aiacontracts.com. User Notes: (810692451) § 13.1.2 In the event of termination of this Agreement pursuant to Section 13.1.1, the Construction Manager shall be compensated for Preconstruction Phase services and Work performed prior to receipt of a notice of termination, in accordance with the terms of this Agreement. In no event shall the Construction Manager's compensation under this Section exceed the compensation set forth in Section 5.1. § 13.1.3 Prior to the execution of the Guaranteed Maximum Price Amendment, the Owner may terminate this Agreement upon not less than seven days' written notice to the Construction Manager for the Owner's convenience and without cause, and the Construction Manager may terminate this Agreement, upon not less than seven days' written notice to the Owner, for the reasons set forth in Article 14 of A201 -2017. § 13.1.4 In the event of termination of this Agreement pursuant to Section 13.1.3, the Construction Manager shall be equitably compensated for Preconstruction Phase services and Work performed prior to receipt of a notice of termination. In no event shall the Construction Manager's compensation under this Section exceed the compensation set forth in Section 5.1. § 13.1.5 If the Owner terminates the Contract pursuant to Section 13.1.3 after the commencement of the Construction Phase but prior to the execution of the Guaranteed Maximum Price Amendment, the Owner shall pay to the Construction Manager an amount calculated as follows, which amount shall be in addition to any compensation paid to the Construction Manager under Section 13.1.4: .1 Take the Cost of the Work incurred by the Construction Manager to the date of termination; .2 Add the Construction Manager's Fee computed upon the Cost of the Work to the date of termination at the rate stated in Section 6.1 or, if the Construction Manager's Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed -sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; and .3 Subtract the aggregate of previous payments made by the Owner for Construction Phase services. § 13.1.6 The Owner shall also pay the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Construction Manager that the Owner elects to retain and that is not otherwise included in the Cost of the Work under Section 13.1.5.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Construction Manager shall, as a condition of receiving the payments referred to in this Article 13, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Construction Manager, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager under such subcontracts or purchase orders. All Subcontracts, purchase orders and rental agreements entered into by the Construction Manager will contain provisions allowing for assignment to the Owner as'- described above. § 13.1.6.1 If the Owner accepts assignment of subcontracts, purchase orders or rental agreements as described above, the Owner will reimburse or indemnify the Construction Manager for all costs arising under the subcontract, purchase order or rental agreement, if those costs would have been reimbursable as Cost of the Work if the contract had not been terminated. If the Owner chooses not to accept assignment of any subcontract, purchase order or rental agreement that would have constituted a Cost of the Work had this agreement not been terminated, the Construction Manager will terminate the subcontract, purchase order or rental agreement and the Owner will pay the Construction Manager the costs necessarily incurred by the Construction Manager because of such termination. § 13.2 Termination or Suspension Following Execution of the Guaranteed Maximum Price Amendment § 13.2.1 Termination The Contract may be terminated by the Owner or the Construction Manager as provided in Article 14 of AIA Document A201 -2017. § 13.2.2 Termination by the Owner for Cause § 13.2.2.1 If the Owner terminates the Contract for cause as provided in Article 14 of AIA Document A201 -2017, the amount, if any, to be paid to the Construction Manager under Article 14 of AIA Document A201 -2017 shall not cause the Guaranteed Maximum Price to be exceeded, nor shall it exceed an amount calculated as follows: .1 Take the Cost of the Work incurred by the Construction Manager to the date of termination; .2 Add the Construction Manager's Fee, computed upon the Cost of the Work to the date of termination at the rate stated in Section 6.1 or, if the Construction Manager' Fee is stated as a fixed sum in that Section, AIA Document A133 - 2019. Copyright O 1991, 2003, 2009, and 2019. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," °AIA," the AIA Logo, and "AIA contract DoCUments" are trademarks of The American Institute of Architects. This 21 draft was produced at 11:57:25 ET on 12/20/2023 under Order No.3104239503 which expires on 10/06/2024, is not for resale, is licensed for one -time use only, and may only be used in accordance with the AIA contract Documents° Terms of Service. To report copyright violations, e- mail docinfo @aiacontracts.com. User Notes: (830692451 an amount that bears the same ratio to that fixed -sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract the costs and damages incurred, or to be incurred, by the Owner under Article 14 of AIA Document A201 -2017. § 13.2.2.2 The Owner shall also pay the Construction Manager fair compensation, either by election of the Owner, for any equipment owned by the Construction Manager that the Own, not otherwise included in the Cost of the Work under Section 13.2.2.1.1. To the extent that t legal assignment of subcontracts and purchase orders (including rental agreements), the Con a condition of receiving the payments referred to in this Article 13, execute and deliver all si steps, including the legal assignment of such subcontracts and other contractual rights of the the Owner may require for the purpose of fully vesting in the Owner the rights and benefits ( Manager under such subcontracts or purchase orders. § 13.2.3 Termination by the Owner for Convenience If the Owner terminates the Contract for convenience in accordance with Article 14 of AIA the Owner shall pay the Construction Manager a termination fee as follows: (Insert the amount of or method for determining the fee, ifany, payable to the Construction termination for the Owner's convenience.) ase or rental at the :ts to retain and that is uner elects to take ion Manager shall, as ipers and take all such truction Manager, as Construction ocument A201 -2017, then arlager following a § 13.3 Suspension The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201 -2017; in such case, the Guaranteed Maximum Price and Contract Time shall be increased as provided in Article 14 of AIA Document A201- 2017, except that the term "profit" shall be understood to mean the Construction Manager's Fee as described in Sections 6.1 and 6.3.5 of this Agreement. ARTICLE 14 MISCELLANEOUS PROVISIONS § 14.1 Terms in this Agreement shall have the same meaning as those in A201 -2017. Where reference is made in this Agreement to a provision of AIA Document A201 -2017 or another Contract Document, the reference' refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 14.2 Successors and Assigns § 14.2.1 The Owner and Construction Manager, respectively, bind themselves, their partners, successors, assigns and legal representatives to covenants, agreements, and obligations contained in the Contract Documents. Except as provided in Section 14.2.2 of this Agreement, and in Section 13.2.2 of A201 -2017, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 14.2.2 The Owner may, without consent of the Construction Manager, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner's rights and obligations under the Contract Documents. The Construction Manager shall execute all consents reasonably required to facilitate the assignment. § 14.3 Insurance and Bonds § 14.3.1 Preconstruction Phase The Construction Manager shall maintain the following insurance for the duration of the Preconstruction Services performed under this Agreement. If any of the requirements set forth below exceed the types and limits the Construction Manager normally maintains, the Owner shall reimburse the Construction Manager for any additional cost. § 14.3.1.1 Commercial General Liability with policy limits of not less than « » ($ « >) for each occurrence and « », ($ >,S ) in the aggregate for bodily injury and property damage. § 14.3.1.2 Automobile Liability covering vehicles owned, and non -owned vehicles used, by the Construction Manager with policy limits of not less than « » ($ ((, » ) per accident for bodily injury, death of any person, and property damage AIA Document A133 - 2019. Copyright s 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," 'American Institute of Architects," ^AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. 51 This ,22 draft was produced at 11::25 ET on 12/20/2023 under Order No.3104239503 which expires on 10/06/2024, i not for resale, is licensed for e -time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e- mail docinfo @aiacontracts.com. Caen Note.: (910692451) arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. § 14.3.1.3 The Construction Manager may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided that such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 14.3.1.1 and 14.3.1.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § 14.3.1.4 Workers' Compensation at statutory limits and Employers Liability with policy limits not less than u » ($ <i )> ) each accident, << a ($ (( » ) each employee, and a » ($ (( » ) policy limit. § 14.3.1.5 Professional Liability covering negligent acts, errors and omissions in the performance of professional services, with policy limits of not less than a » ($ 3< n ) per claim and c u ($ « s ) in the aggregate. § 14.3.1.6 Other Insurance (List below any other insurance coverage to be provided by the Construction Manager and any applicable limits.) Coverage Limits General Liability Each Occurrence $500,000 General Aggregate Liability $2,000,000 Personal Liability $1,000,000 Products and Completed Operations $1,000,000 Aggregate Automobile Liability $1,000,000 Performance and Payment Bond -CM 100% of Contract Amount Builders Risk Insurance 100% of Contract Amount for Duration of Project § 14.3.1.7 Additional Insured Obligations. To the fullest extent permitted by law, the Construction Manager shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Construction Manager's negligent acts or omissions. The additional insured coverage shall be primary and non- contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations. § 14.3.1.8 The Construction Manager shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 14.3.1. § 14.3.2 Construction Phase After execution of the Guaranteed Maximum Price Amendment, the Owner and the Construction Manager shall purchase and maintain insurance as set forth in AIA Document Al33T"L2019, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price, Exhibit B, Insurance and Bonds, and elsewhere in the Contract Documents. § 14.3.2.1 The Construction Manager shall provide bonds as set forth in AIA Document Al33TM -2019 Exhibit B, and elsewhere in the Contract Documents. § 14.4 Notice in electronic format, pursuant to Article 1 of AIA Document A201 -2017, may be given in accordance with AIA Document E203T"-2013, Building Information Modeling and Digital Data Exhibit, if completed, or as otherwise set forth below: (If other than in accordance with AIA Document E203 -2013, insert requirements for delivering notice in electronic format such as name, title, and email address ofthe recipient and whether and how the system will be required to generate a read receipt for the transmission) a» § 14.5 Other provisions: AIA Document A133 - 2019. Copyright & 1991, 2003, 2009, and 2019. All rights reserved. "The American institute of Architects," "American Institute of Architects," °AIA," the AIA Logo, and "AIA Contract Documents" are trademarks Of The American Institute of Architects. This 23 draft was produced at 11:57:25 ET an 12/20/2023 under Order No.3109239503 which expires on 10/06/2029, is not for resale, is licensed for one -time use only, and may only be used in accordance with the AIA contract Documentse Terms of Service. To report copyright violations, e- mail docinfo @aiacontracts.com. User Notes (630692951 ((N/A » ARTICLE 15 SCOPE OF THE AGREEMENT § 15.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Construction Manager. § 15.2 The following documents comprise the Agreement: .1 AIA Document A 133TM -2019, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price .2 AIA Document A133TM -2019, Exhibit A, Guaranteed Maximum Price Amendment, if executed .3 AIA Document A133TN -2019, Exhibit B, Insurance and Bonds .4 AIA Document A201TM -2017, General Conditions of the Contract for Construction .5 ATA Papal Mont 12101TH _ indipAtpa (Insert the date of the E203 -2013 incorporated into this Agreement.) «» .6 Other Exhibits: (Check all boxes that apply.) AIA Document E234TX -2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, dated as indicated below: (Insert the date of the E234 -2019 incorporated into this Agreement) [ a u ] Supplementary and other Conditions of the Contract: Document Title Date Pages .7 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201 -2017 provides that the advertisement or invitation to bid, Instructions to Bidders, sample forms, the Construction Manager's bid or proposal, portions ofAddenda relating to bidding or proposal requirements, and other information furnished by the Owner in anticipation ofreceiving bids or proposals, are not part of the Contract Documents unless enumerated in this Agreement. Any such documents should be listed here only if intended to be part ofthe Contract Documents.) M, This Agreement is entered into as of the day and year first written above. OWNER (Signature) (Printed name and title) CONSTRUCTION MANAGER (Signature) «Zack Burrow- �xiManaQing Member » (Printed name and title) AIA Document A133 - 2019. Copyright 0 1991, 2003, 2009, and 2019. All rights reserved. ^The American Institute of Architects,^ "American Institute of Architects,° "AIA,^ the AIA tog., and "AIA Contract Documents" are trademarks of The American Institute of Architects, This 24 draft was produced at 11:57:25 ET on 12/20/2023 under Order No.3104239503 which expires on 10106/2024, is not for resale, is licensed for one -time use only, and may only be used in accordance with the AIA Contract Documentg Terms of Service. To report copyright violations, e- mail docinfo @aiacontracts.com. Cast Notes: (010692451) CITY OF OWASSO GENERALFUND PAYROLLPAYMENTREPORT PAY PERIOD ENDING 04/06124 Department Payroll Expenses Total ExDenses 105 Municipal Court 6,529.68 10,344.69 110 Managerial 26,899.10 36,610.42 120 Finance 21,102.90 32,565.45 130 Human Resources 12,890.30 19,666.81 160 Community Development 22,195.55 33,431.78 170 Engineering 22,870.35 35,109.01 175 Information Systems 23,575.54 34,618.48 181 Building Maintenance 13,600.61 20,213.94 190 Cemetery 1,416.80 3,050.03 201 Police Overtime -Grant - - 215 Central Dispatch 3,747.86 6,008.42 221 Animal Control 4,803.02 7,151.81 280 Emergency Preparedness 2,772.70 3,859.92 370 Stormwater /ROW Maint. 7,704.20 12,605.27 515 Park Maintenance 12,284.53 18,898.51 520 Culture /Recreation 7,309.03 11,436.46 550 Community- Senior Center 8,622.22 10,870.89 580 Historical Museum 934.40 1,043.25 720 Strong Neighborhood 430.89 531.19 General Fund Total 199,689.68 298,016.33 185 Vehicle Maintenance Fund Total 13 231.21 21,938.71 255 Ambulance Fund Total 699.31 780.78 215 E911 Communication 30,327.46 46 496 57 250 Fire Fund 37 Total 259 645.95 386,738.56 201 Police Fund 38 Total 241,152.83 358,998.16 300 Streets Fund 39 Total 22,704.80 41 298.12 370 Stormwater Fund 27 Total 6,974.63 11,661.28 150 Worker's Compensation Total 1,152.00 1,383.18 720 Strong Neighborhoods Total 4,759.13 6,770.98 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE 4789 AS OF 04111 VENDOR DESCRIPTION AMOUNT AETNA HEALTHCARE MEDICAL SERVICE 2,241.90 HEALTHCARE MEDICAL SERVICE 143,184.95 HEALTHCARE MEDICAL SERVICE 73,716.23 HEALTHCARE MEDICAL SERVICE 93,545.45 HEALTHCARE MEDICAL SERVICE 54,334.85 HEALTHCARE DEPT TOTAL 367,023.38 DELTA DENTAL DENTAL MEDICAL SERVICE 5,697.79 DENTAL MEDICAL SERVICE 8,303.83 ADMIN FEES 3,597.03 DENTAL DEPT TOTAL 17,598.65 VSP VISION MEDICAL SERVICES 875.04 VISION MEDICAL SERVICES 3,352.17 VISION DEPT TOTAL 4,227.21 HEALTHCARE SELF INSURANCE FUND TOTAL 388,849.24 CITY OF OWASSO GENERAL FUND & HALF -PENNY SALES TAX FISCAL YEAR 2023.2024 Budgetary Basis Statement of Revenues & Expenditures As of March 31, 2024 REVENUES: Taxes Licenses & permits Intergovernmental Charges for services Fines & forfeits Other Interest TOTAL REVENUES EXPENDITURES: Personal services Materials & supplies Other services Capital outlay TOTAL EXPENDITURES REVENUES OVER EXPENDITURES TRANSFERS IN (OUT): Transfers in Transfers out TOTAL TRANSFERS NET INCOME (LOSS) ENCUMBRANCES OUTSTANDING FUND BALANCE (Budgetary Basis) Beginning Balance Ending Balance MONTH TO -DATE $ 3,313,529 38,168 89,676 59,447 31,135 5,621 40,720 $ 3,578,295 $ (2,959,420) (92,901) (216,599) (134,089) $ (3,403,009) $7 175,286 YEAR TO -DATE $ 34,681,766 271,216 827,091 597,400 271,388 324,629 365,632 $ 37,339,122 $ (20,289,264) (1,187,320) (2,702,861) (3,170,728) $ (27,350,172) $ 9,988,949 BUDGET $ 45,536,655 288,788 1,285,298 779,427 274,896 146,627 207,963 $ 48,519,653 $ (28,021,803) (2,117,313) (4,577,545) (10,944,845) $ (45,661,506) $ 2,858,148 $ 1,695,773 $ 17,541,411 $ 23,251,366 (2,678,347) (27,565,353) (36,671,642) $ (982,575) $ (10,023,942) $ (13,420,276) $ (807,288) $ (34,993) $ (10,562,128) $ (4,425,049) 25,724,503 18,136,196 $ 21,264,461 $ 7,574,068 Q: \Finance (120)\Accounting \Reports \Current FY\GF Financials PERCENT OF BUDGET 76.16% 93.92% 64.35% 76.65% 98.72% 221.40% 175.82% 76.96% 72.41% 56.08% 59.05% 28.97% 59.90% 75.44 %, 75.17% 74.69% Stevens, Julie From: Hurst, David Sent: Tuesday, April 2, 2024 3:21 PM To: Garrett, Chris; Stevens, Roger, Stevens, Julie Subject: Station # 2 Change Orders Attachments: Owasso Fire Station #1 CO #1 - Exterior Paint.pdf, Owasso Fire Station #1 CO #2 - Handrail Deduct.pdf,• Owasso Fire Station #1 CO #3 - OHD Repairs.pdf Fire Station # 1 Change Orders: Co #I Painting —This is for the painting, that was not included on the second round of bid specs we previously discussed. Painting the exterior brick, sealing and painting the split faced brick (were we think moisture is enter the building) and painting the bay doors. Cost - $13,376.00 CO #2 • Stair handrails —T.his is a credit added back to contingency. The plans called for new handrails on the stairwell, Limestone Construction suggested reusing the existing handrails. Credit — $1.200.00. CO #3 • Bay Doors — Replace the wall mount door controls, door seals and two air hoses. The existing are old and cracking. Cost - $24498.00 Da--id Hurst Fire Chief O�tirsso Fire Deportment 918-272-52-5-3, fa; 91.8-272-4993 Limestone Construction I.I.C. P.O. Box 1522, Owasso, OK 74055 L8) 510 -2021 Fax: (888) 671 -4959 L Contract Change Order Project Name. Owasso Fire Station 1 Job Number: 23 -002 Owner /Contractor: Owasso Fire Department Change Order No: 1 Address: 201 S Cedar Street Date: Owasso, OK Phone: 74055 ITEM NO. 1 Description /Unit Breakdown /Unit Costs Pressure wash, prime, and paint CMU 1 & CMU 2 and 8 overhead doors Cost (Indicate +or -) $13,376.00 2 T. Net Change By Previous Change Order(s) $0.00 3 $1,903,259.00 4. This Change Order Total Amount 4 5. New Contract Amount (3 +4) $1,903,259.00 5 $13,376.00 7. Contingency to date (Original Amount $135,690.00) $122,314.00 SUBTOTAL FROM ATTACHED SHEETS (IF ANY) $0.00 SUBTOTAL (Labor & Materials) = $ 13,376.00 TOTAL COST (This Change OrderOnly) _ $ 13,376.00 - .. -.1;$ - Urzi.,..,, „u,= oy un> i.nange Truer I 1 !(mcreasejIuecrease) BY 0 WORKING DAYS NEW CONTRACT COMPLETION DATE: CONTRACT STATUS 1.Original Contract Amount $1,903,259.00 T. Net Change By Previous Change Order(s) $0.00 3. Current Contract Amount (1 +2) $1,903,259.00 4. This Change Order Total Amount $ 13,376.00 5. New Contract Amount (3 +4) $1,903,259.00 6. Total Cost Of All Change Orders To Date (2 +4) $13,376.00 7. Contingency to date (Original Amount $135,690.00) $122,314.00 Limestone Construction I.I.C. P.O. Box 1522, Owasso, OK 74055 Phone: (918) 510 -2021 Fax: (888) 671 -4959 I Contract Change Order - -� Project Name: Owasso Fire Station 1 Job Number: 23 -002 Owner /Contractor: Owasso Fire Department Change Order No: 2 Address: 201 S Cedar Street Date: 4/2/24 Owasso, OK Phone: 74055 ITEM NO. 1 2 Description /Unit Breakdown /Unit Costs Deduct labor and installation of new steel handrails at stairways. Cost (Indicate ($1 .on-) ,200,00) 3 2. Net Change By Previous Change Order(s) $13,376.00 4 $1,903,259.00 4. This Change Order Total Amount 5 5. New Contract Amount (3 +4) $1,903,259.00 6. Total Cost Of All Change Orders To Date (2 +4) $12,176.00 7. Contingency to date (Original Amount $135,690.00) $123,514.00 SUBTOTAL FROM ATTACHED SHEETS (IF ANY) $0.00 SUBTOTAL (Labor & Materials) = $ (1,200.00) TOTAL COST (This Change OrderOnly) _ $ (1,200.00) �••e- •• ^I - -- —.y . uuc -y nua orange Oruer ( 1 )(increase) (uecrease) BY 0 WORKING DAYS NEW CONTRACT COMPLETION DATE: Name CONTRACT STATUS 1. Original Contract Amount $1,903,259.00 2. Net Change By Previous Change Order(s) $13,376.00 3. Current Contract Amount (1 +2) $1,903,259.00 4. This Change Order Total Amount $ (1,200.00) 5. New Contract Amount (3 +4) $1,903,259.00 6. Total Cost Of All Change Orders To Date (2 +4) $12,176.00 7. Contingency to date (Original Amount $135,690.00) $123,514.00 q•32A- Date Limestone Construction LLC, P.O. Box 1522, Owasso, OK 74055 Phone: (918) 510-2021 Fax: (888) 671-4959 I Contract Change order --I Project Name: Owasso Fire Station 1 Owner /Contractor: Owasso Fire Department Address: 201 S Cedar Street Owasso, OK 74055 Job Number:-23-002 Change Order No: 3 Date: 4/2/24 Phone: IDescription / /Unit Breakdown /Unit Costs C Cost (Indicate +or R SUBTOTAL FROM ATTACHED SHEETS (IF ANY) $ $0.00 SUBTOTAL (Labor & Materials) _ $ $ 2,498.00 TOTAL COST (This Change OrderOnly) _ $ $ 2,498.00 r 1149C oy uus l ndnge Order ( 1 pmcrease)(uecrease) BY 0 WORKING DAYS NEW CONTRACT COMPLETION DATE: CONTRACT STATUS 1. Original Contract Amount $1,903,259.00 2. Net Change By Previous Change Order(s) W(2+4) $12,176.00 3. Current Contract Amount (1 +2) $1,903,259.00 4. This Change Order Total Amount $ 2,498.00 5. New Contract Amount (3 +4) $1,903,259.00 6. Total Cost Of All Change Orders To Date $146747. Contingency to date (Original Amount $$121,016.00 ,.o,,,t uate ,.o,,,t uate