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HomeMy WebLinkAbout2024.05.21_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL Council Chambers Old Central Building 109 North Birch, Owasso, OK Tuesday, May 21, 2024 - 6:30 PM NOTE: APPROPRIATE ACTION may include, but is not limited to: acknowledging, offirming, amending, approving, authorizing, awarding, denying, postponing, or tabling. AGENDA 1. Call to Order - Mayor Alvin Fruga RECEIVED 2. Invocation - Pastor Claud Slate of Fireside Baptist Church MAY 17 2024 3. Flag Salute 5 4. Presentation by the Owasso Community Theater -Jody Marler City Clerk's Office 5. Roll Call 6. Consideration and appropriate action relating to the Consent Agenda. (All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes - May 7, 2024, and May 14, 2024, Regular Meetings B. Approve claims C. Accept public infrastructure improvements of a fire hydrant relocation, concrete approach, sidewalk, and drainage flume located at 9050 North Garnett Road D. Accept public infrastructure improvements of a fire line tap and concrete approach located at 414 South Birch E. Accept the construction of Pickleball Courts at Rayola Park and authorize final payment to Ascend Commercial Builders, LLC, of Tulsa, Oklahoma, in the amount of $7,181.35 7. Consideration and appropriate action relating to items removed from the Consent Agenda 8. Consideration and appropriate action relating to Resolution 2024 -03, approving the incurrence of indebtedness by the Owasso Public Works Authority (the "Authority ") issuing its Sales Tax Revenue Note, Series 2024 (the "Note "); providing that the organizational document creating the Authority is subject to the provisions of the Note Indenture, authorizing the issuance of said Note; waiving competitive bidding with respect to the sale of said Note and approving the proceedings of the Authority pertaining to the sale of said Note; ratifying and confirming a sales tax agreement by and between the City of Owasso, Oklahoma (the "City ") and the Authority pertaining to the year -to -year pledge of certain sales tax revenues; and containing other provisions relating thereto Carly Novozinsky Staff recommends approval of Resolution 2024-03. 9. Consideration and appropriate action relating to the Agreement for Economic Development Services between the Owasso Chamber of Commerce and the City of Owasso Chris Garrett 10. Consideration and appropriate action relating to the Energy Efficiency and Conservation Block Grant Program and a budget amendment in the General Fund Carly Novozinsky Staff recommends acceptance of the Grant and approval of a budget amendment in the General Fund, increasing estimated revenues and the appropriation for expenditures in the Building Maintenance Department by $76,270.00, and authorization to execute all necessary documents. Owasso City Council May 21, 2024 Page 2 11. Consideration and appropriate action relating to Resolution 2024 -04, authorizing City staff to submit an application to the Oklahoma Department of Transportation for the 2024 Transportation Alternatives Set - Aside Grant, declaring the use of transportation alternatives program funds for sidewalk connectivity projects, and authorizing execution of all necessary documents in order to fulfill grant requirements Alexa Beemer Staff recommends approval of Resolution 2024 -04. 12. Consideration and appropriate action relating to a final plat for JDH Properties, a proposed mixed -use commercial subdivision, containing approximately 4.588 acres located north of East 116th Street North and east of North 110th East Avenue Alexa Beemer Staff recommends approval of the final plat. 13. Consideration and appropriate action relating to a final plat for Fairway Villas, a proposed single - family residential subdivision, containing approximately 7.76 acres located south of East 89th Street North and east of North 97th East Avenue Wendy Kramer Staff recommends approval of the final plat. 14. Consideration and appropriate action relating to an agreement for engineering design services for the Hale Acres Drainage Study Dwayne Henderson Staff recommends approval of the Agreement for Engineering Services with Meshek & Associates, LLC, of Tulsa, Oklahoma, in an amount not to exceed $130,070.00 and authorization to execute all necessary documents. 15. Consideration and appropriate action relating to an Interlocal Agreement with Tulsa County for identification of responsibilities and duties for public rights-of-way regarding the ownership, operation, maintenance, construction, and financial obligations for public transportation facilities and associated public infrastructure Dwayne Henderson Staff recommends approval of the Interlocal Agreement and authorization to execute all necessary documents. 16. Consideration and appropriate action relating to an amendment to the Agreement for Engineering Services with BKL, Inc., of Tulsa, Oklahoma for the East 96th Street North from North 119th East Avenue to North 129th East Avenue Roadway Improvement Project Dwayne Henderson Staff recommends approval of Amendment No. 5, in the amount of $48,500.00, and authorization to execute all necessary documents. 17. Consideration and appropriate action relating to a request for an executive session for the purposes of discussing the City Attorney employment contract and annual evaluation, as provided for in Title 25, O.S. § 307(B)(1) Mayor Fruga 18. Report from City Manager 19. Report from City Attorney 20. Report from City Councilors Owasso City Council May 21, 2024 Page 3 21. Official Notices (documents for acknowledgment of receipt or information only, no discussion or action will be taken) • Payroll Payment Report - pay period ending date May 4, 2024 • Health Care Self- Insurance Claims - dated as of May 15, 2024 • Monthly Budget Status Report - April 2024 • Red Flag Policy Annual Report dated May 17, 2024 • Change Orders 4, 5, 6, 7; 8, 9, 10, and 11 executed by the City Manager or designee for the Fire Station No. 1 Renovation Project • Change Order 1 executed by the City Manager or designee for the Elm Creek Sanitary Sewer Interceptor Rehabilitation Project • Change Order 1 executed by the City Manager or designee for the Outdoor Warning System Replacement Project 22. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 23. 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 5:00 pm Friday, May 17, 2024; M. Stevens, The City or Owasso encourages citizen participation. To requestpii accommodation due to a disability, contact the City Clerk prior to the scheduled meeting by phone 918- 376 -1502 or by email to Tstevens@citvotowasso.com OWASSO CITY COUNCIL OWASSO PUBLIC WORKS AUTHORITY OWASSO PUBLIC GOLF AUTHORITY JOINT MINUTES OF REGULAR MEETING TUESDAY, MAY 7, 2024 The Owasso City Council met in regular session on Tuesday, May 7, 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 9:30 am on Friday, May 3, 2024. 1. Call to Order - Mayor Kelly Lewis called the meeting to order at 6:30 pm. 2. Invocation - The Invocation was offered by Pastor Ammie Sullivent of Pathway Church Owasso. 3. Flag Salute - Councilor Dunn led the flag salute. 4. Presentation of the Character Trait of Availability Jeremy Ford, Westerman Financial Services presented the item. 5. Presentation of the Employee of the Quarter Chris Garrett presented the Employee of the Quarter to Sean Moore, Dispatch Shift Lead. 6. Oath of Office for Councilors -Elect Kelly Lewis, Ward 1 and Alvin Fruga, Ward 2 Julie Lombardi administered the Oath of Office for Ward 1, City Councilor /Trustee Kelly Lewis and Ward 2, City Councilor /Trustee Alvin Fruga. 7. Roll Call - A quorum was declared present. 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: City /Authority Manager - Chris Garrett; City /Authority Attorney - Julie Lombardi 8. Consideration and appropriate action relating to the Election of Mayor /OPWA Chair /OPGA Chair Mayor /Chair Kelly Lewis called for a nomination for the positions of Mayor /Chair. Mr. Bonebrake moved, seconded by Mr. Loving, to elect Alvin Fruga to serve as Mayor /OPWA Chair /OPGA Chair. YEA: Bonebrake, Dunn, Loving, Fruga, Lewis NAY: None Motion carried: 5-0 9. Consideration and appropriate action relating to the Election of Vice Mayor /OPWA Vice Chair /OPGA Vice Chair Mayor /Chair Alvin Fruga called for a nomination for the positions of Vice Mayor/ Vice Chair. Ms. Lewis moved, seconded by Mr. Bonebrake, to elect Lyndell Dunn to serve as Vice Mayor /OPWA Vice Chair /OPGA Vice Chair. YEA: Bonebrake, Dunn, Lewis, Loving, Fruga NAY: None Motion carried: 5-0 10. 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 16, 2024, Regular Meeting B. Approve OPWA minutes - April 16, 2024, Regular Meeting C. Approve OPGA minutes - April 16, 2024, Regular Meeting D. Approve claims- City Council, OPWA, OPGA E. Approve normal retirement benefits for Larry White (City Council) F. Approve and authorize execution of the Medical Billing Service Agreement with Mediclaims, Inc. or Tonkawa, Oklahoma, for processing ambulance service billing Owasso City Council May 7, 2024 Page 2 Mr. Loving moved, seconded by Mr. Bonebrake, to approve the Consent Agenda as presented, with City Council claims totaling $625,417.03, OPWA claims totaling $946,844.47, and OPGA claims totaling $94,131.80. YEA: Bonebrake, Dunn, Lewis, Loving, Fruga NAY: None Motion carried: 5 -0 11. Consideration and appropriate action relating to items removed from the Consent Agenda - None 12. Discussion relating to the Agreement for Economic Development Services between the Owasso Chamber of Commerce and the City of Owasso (City Council) Vice Mayor Dunn recused from the discussion and left the City Council Chambers. Chris Garrett presented the item and discussion was held. Vice Mayor Dunn returned to the City Council Chambers 13. Consideration and appropriate action relating to a budget amendment in the General Liability /Property Self- Insurance Fund (City Council) Michele Dempster presented the item, recommending approval of a budget amendment in the General Liability /Property Self- Insurance Fund, increasing appropriation for expenditures by $35,000.00. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn, to approve the budget amendment, as recommended. YEA: Bonebrake, Dunn, Lewis, Loving, Fruga NAY: None Motion carried: 5-0 14. Consideration and appropriate action relating to bids received for the 2024 Owasso Drainage Project (City Council) Daniel Dearing presented the item, recommending to award the construction contract to Stronghand LLC, of Tulsa, Oklahoma, in the amount of $343,421.15, and authorization to execute all necessary documents. There were no comments from the audience. After discussion, Mr. Dunn moved, seconded by Mr. Loving, to award the contract and authorize execution of documents, as recommended. YEA: Bonebrake, Dunn, Lewis, Loving, Fruga NAY: None Motion carried: 5-0 15. Consideration and appropriate action relating to an amended cost proposal for railroad improvements within the East 116th Street North Widening Project from North Mingo Road to North Garnett Road (City Council) Daniel Dearing presented the item, recommending acceptance of the price increase proposal for the new warning signals and safety gates as a part of the Agreement between South Kansas and Oklahoma Railroad, LLC and City of Owasso for the railroad crossing improvements at East 116th Street North, in the amount of $447,872.00, an increase of $109,361.00. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Ms. Lewis, to accept the price increase, as recommended. YEA: Bonebrake, Dunn, Lewis, Loving, Fruga NAY: None Motion carried: 5-0 16. Consideration and appropriate action relating to a utility relocation agreement for the East 96th Street North and North 145th East Avenue Intersection Improvement Project (City Council) Daniel Dearing presented the item, recommending approval of the Agreement for Gas Facilities Relocation between Oklahoma Natural Gas Company and City of Owasso, authorization to execute the Agreement, and authorization to terminate the agreement if revised estimates submitted by ONG become more than $537,624.00 prior to commencement of construction. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn, to approve the agreement and authorize execution of documents, as recommended. YEA: Bonebrake, Dunn, Lewis, Loving, Fruga NAY: None Motion carried: 5-0 Owasso City Council May 7, 2024 Page 3 17. Consideration and appropriate action relating to a utility relocation agreement for the East 106th Street North and North 129th East Avenue Intersection Improvement Project (City Council) Dwayne Henderson presented the item, recommending approval of the Agreement for Gas Facilities Relocation between Oklahoma Natural Gas Company and City of Owasso, authorization to execute the Agreement, and authorization to terminate the agreement if revised estimates submitted by ONG become more than $723,017.00 prior to commencement of construction. There were no comments from the audience. Mr. Loving moved, seconded by Mr. Dunn, to approve the agreement, authorize execution of documents and terminate, as recommended. YEA: Bonebrake, Dunn, Lewis, Loving, Fruga NAY: None Motion carried: 5-0 18. Consideration and appropriate action relating to the acquisition of right-of-way for the East 106th Street North and North 129th East Avenue Intersection Improvement Project (City Council) Roger Stevens presented the item, recommending authorization for payment in the amount of $254,042.50 to GCP Properties, LLC, for right -of -way, easement, and compensation for damages, located at 12906 East 106th Street North. There were no comments from the audience. After discussion, Mr. Dunn moved, seconded by Mr. Bonebrake, to authorize payment, as recommended. YEA: Bonebrake, Dunn, Lewis, Loving, Fruga NAY: None Motion carried: 5-0 19. Presentation of the monthly Public Works project status report Roger Stevens presented the item and discussion was held. 20. Report from City /Authority Manager Chris Garrett reported on citizen participation in the 2nd annual rain barrel sale, the Owasso CARES Day on Saturday April 27th, and the opening of the Farmers Market at Redbud Festival Park. 21. Report from City /Authority Attorney - None 22. Report from City Councilors/Trustees Council Bonebrake offered congratulations to Mr. Fruga, acknowledged Larry White's retirement, and offered appreciation to the Finance Department for delivery of the FY 2024 -2025 budget book. Vice Mayor Dunn expressed appreciation to Ms. Lewis for her service as Mayor /Chair. Councilor Lewis expressed appreciation for the opportunity to serve as Mayor /Chair. 23. Official Notices - The Mayor /Chair acknowledged receipt of the following: • Health Care Self- Insurance Claims - dated as of April 30, 2024 • General Fund Payroll Payment Report -pay period ending date April 20, 2024 • OPWA Payroll Payment Report- pay period ending date April 20, 2024 • OPGA Payroll Payment Report - pay period ending date April 20, 2024 24. New Business - None 25. Adjournment Mr. Bonebrake moved, seconded by Mr. Dunn, to adjourn the meeting. YEA: Bonebrake, Dunn, Lewis, Loving, Fruga NAY: None Motion carried: 5-0 and the meeting adjourned at 7:44 pm. Alvin Fruga, Mayor /Chair Juliann M. Stevens, City Clerk OWASSO CITY COUNCIL, PUBLIC WORKS AUTHORITY, AND PUBLIC GOLF AUTHORITY MINUTES OF JOINT REGULAR MEETING TUESDAY, MAY 14, 2024 The Owasso City Council, Owasso Public Works Authority (OPWA), and Owasso Public Golf Authority (OPGA) met in a joint regular meeting on Tuesday, May 14, 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 of the City Clerk and posted at City Hall, 200 South Main Street, at 12:00 pm on Friday, May 10, 2024. 1. Call to Order -Vice Mayor /Vice Chair Lyndell Dunn called the meeting to order at 6:00 pm. A quorum was declared present. 2. Roll Call Present Absent Vice Mayor /Vice Chair - Lyndell Dunn Mayor /Chair -Alvin Fruga Councilor /Trustee - Doug Bonebrake Councilor /Trustee - Kelly Lewis Councilor /Trustee - Paul Loving Staff: City /Authority Manager- Chris Garrett; City /Authority Attorney - Julie Lombardi 3. Presentation and discussion of the proposed FY 2024 -2025 Annual Operating Budget Chris Garrett and Carly Novozinsky presented the item and discussion was held. 4. Discussion relating to financing for the new Public Works facility and street projects Carly Novozinsky, Allan Brooks, Oklahoma Public Finance Law, and Jon Wolff, Municipal Finance Services presented the item and discussion was held. It was further explained this item will be placed on the May 21, 2024, City Council and OPWA agendas for consideration and action. 5. Discussion relating to the monthly Sales and Use Tax Report and revenue outlook Carly Novozinsky presented the item. 6. Discussion relating to Community Development Items A. Proposed application for the 2024 Transportation Alternatives Set -Aside Grant and identified sidewalk projects B. Request for a final plat for JDH Properties, a proposed mixed -use commercial subdivision, approximately 4.588 acres located north of East 1161h Street North and east of North 110th East Avenue C. Request for a final plat for Fairway Villas, a proposed single - family residential subdivision, approximately 7.76 acres located south of East 89th Street North and east of North 97th East Avenue Alexa Beemer presented items A and B ; Wendy Kramer presented item C. Discussion was held. It was further explained items A, B, and C will be placed on the May 21, 2024, City Council agenda for consideration and action. 7. Discussion relating to a proposed Interlocal Agreement with Tulsa County for road maintenance responsibilities Dwayne Henderson presented the item and discussion was held. It was further explained this item will be placed on the May 21, 2024, City Council agenda for consideration and action. 8. Discussion relating to a proposed public /private partnership for the removal of excess earthen material previously declared as surplus to the needs of the City, located onsite of the new Public Works facility Roger Stevens presented the item and discussion was held. 9. City /Authority Manager report - None Owasso City Council, OPWA & OPGA May 14, 2024 Page 2 10. City Councilor/Trustee comments and inquiries - None 11. Adjournment The meeting adjourned at 7:40 pm. lyndell Dunn, Vice Mayor /Vice Chair Juliann M. Stevens, City Clerk Fund 01 GENERAL Claims List - 05/21/2024 Vendor Name Payable Description Payment Amount BLUE ENERGY FUELS LLC CNG FUEL CHARGE APRIL $32.90 ENTERPRISE FM TRUST FLEET LEASE $1,819.69 FLEETCOR TECHNOLOGIES FUEL CHARGES APRIL 24 $60.96 JPMORGAN CHASE BANK AMAZON -BIT SET $26.78 JPMORGAN CHASE BANK AMAZON -FILE LABELS $39.49 JPMORGAN CHASE BANK AMAZON -MOP BUCKET $22.48 JPMORGAN CHASE BANK ATWOOD -TOOLS $29.98 JPMORGAN CHASE BANK FIREHOUSE ROOF - GUTTER $1,246.80 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $79.97 JPMORGAN CHASE BANK LOWES -TOOLS $174.98 JPMORGAN CHASE BANK LOWES -WEED KILLER $74.48 JPMORGAN CHASE BANK ODP -COPY PAPER $9.90 JPMORGAN CHASE BANK QUIT BUGGIN -PEST $195.00 JPMORGAN CHASE BANK SAMS- SUPPLIES $659.92 JPMORGAN CHASE BANK SUMNER- COPIER $144.85 JPMORGAN CHASE BANK SUNDANCE -COPY PAPER $42.99 JPMORGAN CHASE BANK WALMART- SUPPLIES $9.98 UNIFIRST HOLDINGS LP BUILD MAINT UNIFORM $2832 VERIZON WIRELESS WIRELESS CONNECTION $40.01 BUILDING MAINTENANCE -Total $4,739.88 SCHINDLER ELEVATOR INC CH ELEVATOR UPGRADE $96,312.51 CITYHALL ELEVATOR UPGRADE - Total $98,312.51 ENTERPRISE FM TRUST FLEET LEASE $1,173.62 FLEETCOR TECHNOLOGIES FUEL CHARGES APRIL 24 $127.86 JPMORGAN CHASE BANK AMAZON -PARTS $52.99 JPMORGAN CHASE BANK AMAZON- SUPPLIES $26.82 JPMORGAN CHASE BANK FULLERTON- SUPPLIES $27.50 JPMORGAN CHASE BANK MIDWEST VET - SUPPLIES $610.72 JPMORGAN CHASE BANK MOORING TECH - SUPPLIES $101.25 JPMORGAN CHASE BANK TOMMYS -CAR WASH $29.99 JPMORGAN CHASE BANK TROYTDVM- SERVICE $225.00 VERIZON WIRELESS WIRELESS CONNECTION $160.04 GEN ANIMAL CONTROL -Total $2,535.79 JPMORGAN CHASE BANK BROWN FARMS -SOD $25.00 JPMORGAN CHASE BANK LOWES- SUPPLIES $27.64 SPOK INC. PAGER USE $10.05 UNIFIRST HOLDINGS LP UNIFORM SERVICES $20.88 GEN CEMETERY -Total $83.57 KATHLEEN M ROGERS SEWING CLASS $220.00 SUSAN R CHERMACK PAINTING CLASS $440.00 1 Claims List - 05/21/2024 Fund Vendor Name Payable Description Payment Amount 01 GENERAL GEN COMM CTR DONATIONS -Total FUEL CHARGES APRIL 24 $660.00 JPMORGAN CHASE BANK AMAZON -BRUSH ROLL $29.99 JPMORGAN CHASE BANK CINTAS- SUPPLIES $706.14 JPMORGAN CHASE BANK ONG- NATURAL GAS USAGE $213.81 JPMORGAN CHASE BANK POSITIVE PROMO -CERT $223.65 JPMORGAN CHASE BANK SUMMIT FIRE- INSPECT $400.00 SUMNERONE INC COPIER SERVICES $488.85 GEN COMMUNITY CENTER -Total PHONE SERVICE $2,062.44 ENTERPRISE FM TRUST FLEET LEASE $1,701.20 FLEETCOR TECHNOLOGIES FUEL CHARGES APRIL 24 $438.84 HAROLD RANDALL PINNEY MOWING SERVICES $250.00 HOVEYTHULIN LAWN MAINTENANCE $650.00 INCOG 4RTH QUARTER DUES $7,223.50 JPMORGAN CHASE BANK INTL CODE -EXAM FEE $305.00 JPMORGAN CHASE BANK INTL CODE4CC LICENSE $140.00 JPMORGAN CHASE BANK LODGING EXP 4/28 -5/4 $776.34 JPMORGAN CHASE BANK PIKEPASS -FEES $6.20 KENNETH LIVINGSTON MOWING SERVICES $600.00 TREASURER PETTY CASH CONST BOARD - DEMPSTER $70.00 TREASURER PETTY CASH CONST BOARD - SHAMPANG $70.00 TULSA COUNTY CLERK TULSA COUNTY FILINGS $18.00 VERIZON WIRELESS WIRELESS CONNECTION $207.33 GEN COMMUNITY DEVELOPMENT - Total $12,456.41 FLEETCOR TECHNOLOGIES FUEL CHARGES APRIL 24 $153.41 JPMORGAN CHASE BANK A &B- BADGES $50.75 JPMORGAN CHASE BANK AMAZON- SUPPLIES $31.38 JPMORGAN CHASE BANK CANVA- SUBSCRIPTION $119.40 JPMORGAN CHASE BANK HOMEDEPOT- SUPPLIES $72.98 RILEIGHS OUTDOOR LLC SNOWFLAKE POLE MOUNT $7,620.00 GEN CULTURE & RECREATION -Total $8,047.92 AT &T PHONE SERVICE $3.68 ENTERPRISE FM TRUST FLEET LEASE $586.81 FLEETCOR TECHNOLOGIES FUEL CHARGES APRIL 24 $58.15 VERDIGRIS VALLEY ELECTRIC COOP STORM SIRENS $130.95 VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN EMERG PREPAREDNESS -Total $819.60 BENCHMARK SURVEYING & LAND LEGAL DESCRIPTIONS $1,000.00 SERVICES ENTERPRISE FM TRUST FLEET LEASE $2,033.97 FLEETCOR TECHNOLOGIES FUEL CHARGES APRIL 24 $282.30 UNIFIRST HOLDINGS LP UNIFORM SERVICES $60.25 E Claims List - 05/21/2024 Fund Vendor Name Payable Description Payment Amount 01 GENERAL VERIZON WIRELESS WIRELESS CONNECTION $80.02 GEN ENGINEERING -Total $3,456.54 JPMORGAN CHASE BANK AMAZON -BOOK SHELF $143.99 JPMORGAN CHASE BANK SUNDANCE- ENVELOPES $14.84 TREASURER PETTY CASH CARLY N- TRAVEL REIMS $929.70 GEN FINANCE -Total $1,088.53 AT &T PHONE SERVICE $11.03 ELIZABETH ANNE CHILDS LEGAL SERVICE FEES $4,472.50 ENTERPRISE FM TRUST FLEET LEASE $839.42 FLEETCOR TECHNOLOGIES FUEL CHARGES APRIL 24 $75.54 GRAND GATEWAY ECO. DEV. ASSC. PELIVAN TRANSIT $6,047.50 JPMORGAN CHASE BANK AMER WASTE- DISPOSAL $119.54 JPMORGAN CHASE BANK ONG- NATURAL GAS USAGE $309.13 JPMORGAN CHASE BANK PLTPAYWEB -TOLL $6.40 LEE BHM CORP BUDGET PUBLICATION $512.45 SUMNERONE INC DOWNSTAIRS COPIER $173.01 SUMNERONE INC UPSTAIRS COPIER $266.96 GEN GENERAL GOVERNMENT -Total SAMS- SUPPLIES $12,833.48 JPMORGAN CHASE BANK ONG- NATURAL GAS USAGE $75.86 GEN HISTORICAL MUSEUM -Total $75.86 AMERICANCHECKED INC ATTN: BILLING PE BACKGROUND CHECKS $396.05 BAILEY RANCH GOLF CLUB FRSS TRAINING EVENT $860.00 JPMORGAN CHASE BANK AMAZON- SUPPLIES $9.99 JPMORGAN CHASE BANK AMAZON - TRAINING $15.48 JPMORGAN CHASE BANK BAILEYRANCH- UNIFORM $50.00 JPMORGAN CHASE BANK CHAMBER -FEES $50.00 JPMORGAN CHASE BANK INDEED - ADVERTISE $24.28 JPMORGAN CHASE BANK INDEED - SUBSCRIPTION $120.00 JPMORGAN CHASE BANK MOORE REF - BROCHURES $400.00 JPMORGAN CHASE BANK NEXTCARE- MEDICAL $275.00 JPMORGAN CHASE BANK PARTY CITY - TRAINING $4.90 JPMORGAN CHASE BANK SAMS- SUPPLIES $9.36 JPMORGAN CHASE BANK SAMS - TRAINING $73.43 JPMORGAN CHASE BANK SAVON- BOOKMARKERS $10.00 JPMORGAN CHASE BANK WALMART - TRAINING $5.77 JPMORGAN CHASE BANK WAVE- TRAINING $1,420.00 MCAFEE & TAFT LEGAL SERVICES $180.00 GEN HUMAN RESOURCES -Total $3,904.26 JPMORGAN CHASE BANK CDW GOVT- RENEWAL $6,630.00 JPMORGAN CHASE BANK COX - INTERNET $1,717.29 3 Claims List - 05/21/2024 Fund Vendor Name Payable Description Payment Amount 01 GENERAL JPMORGAN CHASE BANK GOTOCOM - RENEWAL $1,659.99 JPMORGAN CHASE BANK NOTION LABS- SOFTWARE $768.00 VERIZON WIRELESS WIRELESS CONNECTION $252.06 GEN INFORMATION TECH -Total $11,027.34 ENTERPRISE FM TRUST FLEET LEASE $369.19 FLEETCOR TECHNOLOGIES FUEL CHARGES APRIL 24 $36.82 JPMORGAN CHASE BANK CUSTOM CRAFT -BNC REC $126.00 JPMORGAN CHASE BANK LODGING EXP 4(15 -18 $1,283.58 JPMORGAN CHASE BANK MEETING EXP 04129 $42.43 JPMORGAN CHASE BANK MEETING EXP 05(08 $18.00 JPMORGAN CHASE BANK REASORS -B &C RELATIONS $23.47 GEN MANAGERIAL -Total $1,899.49 SUMNERONE INC COPIER SERVICES $30.49 WEST WAY LLC PROCESS SERVER FEES $85.00 YOUTH SERVICES OF TULSA FY24 YOUTH COURT $4,125.00 GEN MUNICIPAL COURT -Total $4,240.49 BLUE ENERGY FUELS LLC CNG FUEL CHARGE APRIL $13.24 CITY OF OWASSO WATER SERVICE $644.00 ENTERPRISE FM TRUST FLEET LEASE $2,358.32 FLEETCOR TECHNOLOGIES FUEL CHARGES APRIL 24 $644.41 JPMORGAN CHASE BANK AAAC WILDLIFE- SERVICE $1,197.00 JPMORGAN CHASE BANK C &C- SUPPLIES $595.50 JPMORGAN CHASE BANK CORNERSTONE -BOLTS $10.05 JPMORGAN CHASE BANK CORNERSTONE -KEYS $11.37 JPMORGAN CHASE BANK CORNERSTONE -PARTS $32.33 JPMORGAN CHASE BANK CORNERSTONE - SPRAYERS $18.96 JPMORGAN CHASE BANK CORNERSTONE -TOOLS $20.00 JPMORGAN CHASE BANK JANI KING- SERVICE $5,088.58 JPMORGAN CHASE BANK LOWES -DECK BOARDS $48.00 JPMORGAN CHASE BANK LOWES -GLUE $4.28 JPMORGAN CHASE BANK LOWES - STORAGE BOX $8.98 JPMORGAN CHASE BANK LOWES- SUPPLIES $2.48 JPMORGAN CHASE BANK ONG- NATURAL GAS USAGE $63.27 JPMORGAN CHASE BANK PROPET -WASTE BAGS $752.10 JPMORGAN CHASE BANK PSN- MCCARTY WATER $125.66 JPMORGAN CHASE BANK TURFWORX- SERVICE $2,928.00 POWER PLAY LLC RAYOLA SPRAY PAD $1,595.00 TS SERVICES REDBUD PAVILION ROOF $299.50 PRES UNIFIRST HOLDINGS LP PARKS STAFF UNIFORMS $61.56 VERDIGRIS VALLEY ELECTRIC COOP PARKS ELECTRIC $65.85 C! Claims List - 05/21/2024 Fund Vendor Name Payable Description Payment Amount 01 GENERAL VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN PARKS -Total $16,628.45 JPMORGAN CHASE BANK HOME DEPOT - FRIDGE $843.98 MOTOROLA SOLUTIONS INC ASTRO SYST PLUS PKG $2,442.92 GEN POLICE COMMUNICATIONS -Total PICKLEBALL FENCE $3,286.90 BLUE ENERGY FUELS LLC CNG FUEL CHARGE APRIL $124.02 ENTERPRISE FM TRUST FLEET LEASE $4,698.64 FLEETCOR TECHNOLOGIES FUEL CHARGES APRIL 24 $2,233.15 JPMORGAN CHASE BANK HARD HAT - GLOVES $73.92 SOURCEONE MANAGEMENT SERVICES INC 129TH/76TH -96TH MOW $660.00 SOURCEONE MANAGEMENT SERVICES INC GARNETT 116 -126 MOW $570.00 SOURCEONE MANAGEMENT SERVICES INC GARNETT 86 -96 MOWING $536.00 SOURCEONE MANAGEMENT SERVICES INC GARNETT 96 -106 MOWING $676.00 SOURCEONE MANAGEMENT SERVICES INC ROW MOWING 116TH ST $498.00 SOURCEONE MANAGEMENT SERVICES INC ROW MOWING 76TH ST $470.00 SOURCEONE MANAGEMENT SERVICES INC ROW MOWING FENCE $1,696.00 SPIRIT LANDSCAPE MANAGEMENT LLC 96TH ST LANDSCAPE $267.70 SPIRIT LANDSCAPE MANAGEMENT LLC MAIN STREET LANDSCAPE $443.46 SPOK INC. PAGER USE $65.80 UNIFIRST HOLDINGS LP UNIFORM SERVICES $151.04 VERIZON WIRELESS WIRELESS CONNECTION $120.03 GEN STORMWATER -Total PICKLEBALL FENCE $13,283.76 AEP IPSO STREET LIGHTS $10.92 TREASURER PETTY CASH ALARM REG REF - ZORICIC $90.00 TREASURER PETTY CASH CC DEP REF - GARRETT $100.00 TREASURER PETTY CASH CC DEP REF - HASTINGS $100.00 TREASURER PETTY CASH CC DEP REF - MCBRIDE $50.00 GENERAL -Total HADRIAN FENCE LLC RAYOLA PICKLEBALL COURT -Total PICKLEBALL FENCE $350.92 $3,280.00 $3,280.00 GENERAL -Total $205,074.14 20 AMBULANCE SERVICE EMS TECHNOLOGY SOLUTIONS, LLC RFID LABELS $390.00 EXCELLANCE, INC M4 PART $71.38 FLEETCOR TECHNOLOGIES FUEL CHARGES APRIL 24 $3,557.17 JPMORGAN CHASE BANK BOUND TREE - SUPPLIES $1,210.06 JPMORGAN CHASE BANK LIFE ASSIST - SUPPLIES $8,542.93 JPMORGAN CHASE BANK T &W -M3 REPAIR $1,136.40 JPMORGAN CHASE BANK TELEFLEX- SUPPLIES $677.50 JPMORGAN CHASE BANK ZOLL- SUPPLIES $777.67 STRYKER MEDICAL M2 POWER LOADER REPAIR $1,159.39 Claims List - 05/21/2024 Fund Vendor Name Payable Description Payment Amount 20 AMBULANCE SERVICE VERIZON WIRELESS WIRELESS CONNECTION $40.01 AMBULANCE -Total $17,562.51 JPMORGAN CHASE BANK BOB LOFTIS- RECLINERS $8,792.00 JPMORGAN CHASE BANK EBAY- KEYPAD $156.60 JPMORGAN CHASE BANK POLYWOOD -PATIO TABLE $3,349.00 FIRE STAT #1 RENOVATION -Total $12,297.60 JPMORGAN CHASE BANK AMAZON -ST2 FFE $27.40 JPMORGAN CHASE BANK EBAY -DOOR STRIKE $129.98 JPMORGAN CHASE BANK EBAY- KEYPAD $156.60 JPMORGAN CHASE BANK LOWES- ACCESS CONTROL $19.98 JPMORGAN CHASE BANK LOWES -FLAG LIGHT $54.80 FIRE STAT #2 RENOVATION -Total $388.76 AMBULANCE SERVICE -Total $30,248.87 21 E -911 COX COMMUNICATIONS T7 CIRCUITS $229.00 DEPARTMENT OF PUBLIC SAFETY OLETS ACCESS $680.00 INCOG E911 CHARGES $8,720.05 JPMORGAN CHASE BANK APCO- TRAINING $215.82 JPMORGAN CHASE BANK MEETING EXP 04/18 $48.75 JPMORGAN CHASE BANK MEETING EXP 04122 $107.25 JPMORGAN CHASE BANK MEETING EXP 04129 $86.00 JPMORGAN CHASE BANK NEXTCARE- MEDICAL $200.00 JPMORGAN CHASE BANK RLI- NOTARY $30.00 JPMORGAN CHASE BANK SOUTH RUBBER - NOTARY $51.45 JPMORGAN CHASE BANK SUNDANCE -COPY PAPER $128.97 MOTOROLA SOLUTIONS INC ASTRO PLUS PKG $2,863.46 VERIZON WIRELESS WIRELESS CONNECTION $40.01 E911 COMMUNICATIONS -Total $13,400.76 E -911 -Total $13,400.76 23 EMERGENCY SIREN SAFETYCOM INC WARNING SIREN SYSTEM $116,365.15 STORM SIREN REPLACEMENT -Total $116,365.15 EMERGENCY SIREN •Total $116,365.15 25 HOTEL TAX FLEETCOR TECHNOLOGIES FUEL CHARGES APRIL 24 $47.67 JPMORGAN CHASE BANK AMAZON -STAMP $24.44 JPMORGAN CHASE BANK SAVON -SIGN $25.00 JPMORGAN CHASE BANK SCOREBOARD -SHIRT $10.40 STRONG NEIGHBORHOODS -Total $107.51 HOTELTAX -Total $107.51 27 STORMWATER MANAGEMENT MESHEK & ASSOCIATES, P.L.C. NOTTINGHAM DRNG IMPRV $3,578.30 NOTTINGHAM DRAINAGE IMPRO - Total $3,578.30 A Claims List - 05/21/2024 Fund Vendor Name Payable Description Payment Amount 27 STORMWATER MANAGEMENT ENTERPRISE FM TRUST FLEET LEASE $1,041.60 JPMORGAN CHASE BANK BROWN FARMS -SOD $120.00 JPMORGAN CHASE BANK DITCH WITCH -TOOLS $53.24 JPMORGAN CHASE BANK LOWES- SUPPLIES $26.96 JPMORGAN CHASE BANK LOWES -TOOLS $39.92 JPMORGAN CHASE BANK PATRIOTGC- RENTAL $258.45 JPMORGAN CHASE BANK STANDARD -TOOLS $44.92 JPMORGAN CHASE BANK WHITE CAP - SUPPLIES $583.97 MESHEK & ASSOCIATES, P.L.C. MISC. DRAINAGE REVIEW $2,370.00 SOURCEONE MANAGEMENT SERVICES INC ROW MOWING CLOVERS $3,383.76 UNIFIRST HOLDINGS LP UNIFORM SERVICES $11.74 VERIZON WIRELESS WIRELESS CONNECTION $40.01 STORMWATER - STORMWATER -Total $7,974.57 STORMWATER MANAGEMENT -Total $11,552.87 31 AMBULANCE CAPITAL JPMORGAN CHASE BANK AMAZON -ALERT SYST $203.50 STATION ALERTING SYSTEM -Total $203.50 AMBULANCE CAPITAL -Total $203.50 34 VISION TAX CROSSLAND HEAVY CONTRACTORS 116 -MINGO TO GARNETT $1,642,713.42 116TH -MINGO TO GARNETT RD - Total $1,642,713.42 VISION TAX -Total $1,642,713.42 37 SALES TAX FIRE AT &T PHONE SERVICE $3.68 BRANDED IMAGE LLC UPFIT ON NEW TRUCKS $23362.15 CITY OF OWASSO WATER SERVICE $80.50 ENTERPRISE FM TRUST ENTERPRISE LEASE VEH. PAY ($1,779.50) ENTERPRISE FM TRUST FLEET LEASE $5,288.67 FLEETCOR TECHNOLOGIES FUEL CHARGES APRIL 24 $3,049.62 JPMORGAN CHASE BANK 1000BULBS -LED DRIVER $59.30 JPMORGAN CHASE BANK 1000BULBS- REFUND ($2.01) JPMORGAN CHASE BANK ALOFT -ESO WAVE $31.51 JPMORGAN CHASE BANK AMAZON -BC UPFIT $70.75 JPMORGAN CHASE BANK AMAZON -LIGHT KIT $79.90 JPMORGAN CHASE BANK AMAZON- REFUND ($59.09) JPMORGAN CHASE BANK AMAZON- SUPPLIES $192.07 JPMORGAN CHASE BANK AMAZON -VEH UPFITTING $159.81 JPMORGAN CHASE BANK ATWOOD -B7 BUILD $208.85 JPMORGAN CHASE BANK CONRAD FIRE - REPAIR $461.76 JPMORGAN CHASE BANK EBAY- MOUNTING BRACKET $111.95 JPMORGAN CHASE BANK EBAY- REFUND ($12.55) JPMORGAN CHASE BANK EMTEC -PEST $395.00 JPMORGAN CHASE BANK FAM ANIMAL MED -VET $560.70 7 Claims List - 05/21/2024 Fund Vendor Name Payable Description Payment Amount 37 SALES TAX FIRE JPMORGAN CHASE BANK FEDEX- SHIPPING $12.85 JPMORGAN CHASE BANK LOCKE -LIGHT INSTALL $43.56 JPMORGAN CHASE BANK LOWES -LIGHT INSTALL $37.60 JPMORGAN CHASE BANK NAFECO -BOOTS $455.34 JPMORGAN CHASE BANK ONG- NATURAL GAS USAGE $959.83 JPMORGAN CHASE BANK OREILLY -B1 WIRING $16.27 JPMORGAN CHASE BANK OREILLY -TRIM $11.49 JPMORGAN CHASE BANK PET SUPPLIES -DOG FOOD $126.94 JPMORGAN CHASE BANK PIKEPASS -FEES $11.25 JPMORGAN CHASE BANK RAM MOUNTS - BRACKET $493.21 JPMORGAN CHASE BANK ROTO ROOT -SNAKE DRAIN $274.00 JPMORGAN CHASE BANK RUMBLEDRUML -CONF $60.00 JPMORGAN CHASE BANK SAFE KIDS - CARSEAT $110.00 JPMORGAN CHASE BANK SAMS - SUPPLIES $52.30 JPMORGAN CHASE BANK SUMNER- COPIER $160.27 JPMORGAN CHASE BANK TRAVEL EXP 04/30 $29.93 JPMORGAN CHASE BANK TRAVEL EXP 5/19 -22 $757.96 JPMORGAN CHASE BANK TYLER USER - CONFERENCE $100.00 JPMORGAN CHASE BANK WS DARLEY -TW4 CHOCK $389.30 JPMORGAN CHASE BANK YARDVARKS -ST4 IRRIG $2,415.81 TYLER TECHNOLOGIES, INC. PREV MOBILE SOFTWARE $5,420.00 VERIZON WIRELESS WIRELESS CONNECTION $1,691.34 SALES TAX FUND -FIRE -Total $24,892.32 SALES TAX FIRE -Total $24,892.32 38 SALES TAX POLICE JPMORGAN CHASE BANK ATWOOD -RANGE PROJ $649.73 JPMORGAN CHASE BANK LOWES -RANGE PROJ $367.94 MATLOCK SECURITY SYSTEMS CAMERAS & LICENSING $4,396.00 MIKE GIBSON MANUFACTURING INC BULLET TRAPS RANGE $20,980.11 P.D. MULTI -USE STRUCTURE -Total $26,395.78 AT &T PHONE SERVICE $11.03 CITY OF OWASSO WATER SERVICE $38.50 COBY WHITAKER TUITION REIMBURSEMENT $1,440.00 ENTERPRISE FM TRUST FLEET LEASE $2,943.77 FLEETCOR TECHNOLOGIES FUEL CHARGES APRIL 24 $14,428.74 JEROLD TRAVIS SELLERS TUITION REIMBURSEMENT $701.40 JPMORGAN CHASE BANK AMAZON - CAMERAS $2,433.42 JPMORGAN CHASE BANK AMAZON- SUPPLIES $23.44 JPMORGAN CHASE BANK AMAZON - WARRANTIES $241.98 JPMORGAN CHASE BANK AMAZON -PARTS $117.54 JPMORGAN CHASE BANK AMAZON- REFUND ($145.00) JPMORGAN CHASE BANK AMAZON- SUPPLIES $691.60 D Claims List - 05/21/2024 Fund Vendor Name Payable Description Payment Amount 38 SALES TAX POLICE JPMORGAN CHASE BANK AMAZON -TOOLS $145.00 JPMORGAN CHASE BANK AMAZON- UNIFORM $247.80 JPMORGAN CHASE BANK AMER WASTE- DISPOSAL $141.86 JPMORGAN CHASE BANK ATWOOD- SUPPLIES $149.99 JPMORGAN CHASE BANK GLENDALE- UNIFORM $186.60 JPMORGAN CHASE BANK GT DIST- SUPPLIES $584.94 JPMORGAN CHASE BANK JIM GLOVER - REPAIR $3,482.56 JPMORGAN CHASE BANK JOHN E REID - TRAINING $630.00 JPMORGAN CHASE BANK JOHNSTONE -AC REPAIR $7.37 JPMORGAN CHASE BANK LODGING EXP 04/23 -26 $321.00 JPMORGAN CHASE BANK LODGING EXP 4/21 -26 $520.00 JPMORGAN CHASE BANK LOWES -DOOR STOPS $67.90 JPMORGAN CHASE BANK MAGNET - SUBSCRIPTION $1,995.00 JPMORGAN CHASE BANK NATION TACT - RENEWAL $450.00 JPMORGAN CHASE BANK NATION TACT - TRAINING $1,558.00 JPMORGAN CHASE BANK NTTA -TOLL FEE $16.80 JPMORGAN CHASE BANK ODP- SUPPLIES $75.22 JPMORGAN CHASE BANK ONG- NATURAL GAS USAGE $646.64 JPMORGAN CHASE BANK OREILLY -PARTS $15.29 JPMORGAN CHASE BANK SAMS- SUPPLIES $280.50 JPMORGAN CHASE BANK SPECIAL OPS- UNIFORM $682.50 JPMORGAN CHASE BANK SUMMIT - REPAIR $2,339.00 JPMORGAN CHASE BANK SUMNER - COPEIR $424.00 JPMORGAN CHASE BANK SUMNER- COPIER $300.61 JPMORGAN CHASE BANK SUNDANCE -COPY PAPER $128.97 JPMORGAN CHASE BANK THOMSON WEST - ACCESS $544.40 JPMORGAN CHASE BANK VET DENTAL -K9 DENTAL $904.40 OWASSO FOP LODGE #149 POLICE DEPT LEGAL DEFENSE $210.00 VERIZON WIRELESS WIRELESS CONNECTION $2,802.41 W.W. GRAINGER, INC. PD FLARES $380.58 SALES TAX FUND- POLICE -Total $43,165.76 SALES TAX POLICE - Total $69,561.54 39 SALES TAX STREETS AEP IPSO STREET LIGHTS $8,685.71 BLUE ENERGY FUELS LLC CNG FUEL CHARGE APRIL $147.54 FLEETCOR TECHNOLOGIES FUEL CHARGES APRIL 24 $2,014.17 JPMORGAN CHASE BANK APAC- ASPHALT $2,617.58 JPMORGAN CHASE BANK ATWOOD -BOOTS $19.99 JPMORGAN CHASE BANK ATWOOD- SUPPLIES $63.39 JPMORGAN CHASE BANK AUTOZONE- SUPPLIES $17.09 JPMORGAN CHASE BANK BROWN FARMS -SOD $175.00 JPMORGAN CHASE BANK CORNERSTONE - SUPPLIES $17.49 ti7 Claims List - 05/21/2024 Fund Vendor Name Payable Description Payment Amount 39 SALES TAX STREETS JPMORGAN CHASE BANK EAGLE WINDOW -TINT $745.20 JPMORGAN CHASE BANK FASTENAL- SUPPLIES $26.38 JPMORGAN CHASE BANK FIRST LIGHT - SUPPLIES $2,626.50 JPMORGAN CHASE BANK GREENHILL- ASPHALT $804.84 JPMORGAN CHASE BANK HARD HAT - GLOVES $73.92 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $88.76 JPMORGAN CHASE BANK LOWES- SIDEWALK $224.82 JPMORGAN CHASE BANK LOWES - SUPPLIES $329.22 JPMORGAN CHASE BANK LOWES -TOOLS $470.18 JPMORGAN CHASE BANK NTE -TOOLS $389.99 JPMORGAN CHASE BANK OREILLY- SUPPLIES $5.95 JPMORGAN CHASE BANK ROADSAFE- SUPPLIES $203.50 JPMORGAN CHASE BANK WELSCO- RENTAL $50.00 JPMORGAN CHASE BANK WHITE CAP - UNIFORM $30.00 JPMORGAN CHASE BANK XCESSORIES- SUPPLIES $1,781.00 SPOK INC. PAGER USE $168.13 TLS GROUP INC MAY 24 MAINTENANCE $1,465.00 UNIFIRST HOLDINGS LP UNIFORM SERVICES $250.32 VERDIGRIS VALLEY ELECTRIC COOP 116/129 TRAFFIC SIGN $93.57 VERDIGRIS VALLEY ELECTRIC COOP CHAMPION STREET LIGHT $89.61 VERDIGRIS VALLEY ELECTRIC COOP SECURITY LIGHT $7.57 VERIZON WIRELESS WIRELESS CONNECTION $120.03 SALES TAX FUND - STREETS -Total $23,802.45 SALES TAX STREETS -Total $23,802.45 40 CAPITAL IMPROVEMENTS DOERNER, SAUNDERS, DANIEL & LEGAL FEES $703.50 VERDIGRIS VALLEY ELECTRIC COOP UTILITY RELOCATION $51,959.18 CIP 106 /129 INTERSECT IMP -Total $52,662.68 GARVER ENG SVCS - 96 & 145TH $3,092.00 TREASURER PETTY CASH ROGERS CO -PW INVOICES $76.00 CIP 961145TH INTERSECT -Total $3,168.00 MCCLELLAND CONSULTING ENGINEERS GARNETT- 106 -116 ST N $3,500.00 INC CIP GARN RD WIDE 106.116 -Total $3,500.00 JPMORGAN CHASE BANK EATON ELECT - VEHICLE $10,600.00 CIP POLICE VEHICLES -Total $10,600.00 K +D ARCHITECTS LLC FS 1 AND 2 REMODELS $803.12 FIRE STAT #1 RENOVATION -Total $803.12 K +D ARCHITECTS LLC FS 1 AND 2 REMODELS $803.13 FIRE STAT #2 RENOVATION -Total $803.13 CAPITAL IMPROVEMENTS -Total $71,536.93 Claims List - 05/21/2024 Fund Vendor Name Payable Description Payment Amount 70 CITY GARAGE COUNTRYSIDE DIESEL REPAIR LLC REPAIR BACKHOE LIFT $2,467.88 CROW BURLINGAME COMPANY PARTS FOR RESALE $2,841.05 FLEETCOR TECHNOLOGIES FUEL CHARGES APRIL 24 $54.38 JPMORGAN CHASE BANK A &N -PARTS $1180 JPMORGAN CHASE BANK AMAZON- BUCKET $28.99 JPMORGAN CHASE BANK AMAZON -PARTS $227.44 JPMORGAN CHASE BANK HOLT TRUCK -PARTS $11.86 JPMORGAN CHASE BANK JIM NORTON -PARTS $557.13 JPMORGAN CHASE BANK ONG- NATURAL GAS USAGE $227.71 JPMORGAN CHASE BANK P &K- SERVICES $254.58 JPMORGAN CHASE BANK RAM MOUNTS -UPFIT PART $588.33 JPMORGAN CHASE BANK ROCK AUTO -PARTS $111.74 JPMORGAN CHASE BANK SAMS- SUPPLIES $128.26 JPMORGAN CHASE BANK SOUTHERN TIRE - SERVICE $130.00 JPMORGAN CHASE BANK STEWART MARTIN -PARTS $152.85 JPMORGAN CHASE BANK UNITED FORD -PARTS $276.59 JPMORGAN CHASE BANK WELDON -PARTS $117.20 UNIFIRST HOLDINGS LP VEHICLE MAINT UNIFORM $79.06 VEHICLE MAINTENANCE -Total $8,267.85 CITY GARAGE • Total $8,267.85 76 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS $3,004.69 JPMORGAN CHASE BANK WORKERS COMP -APP FEE $1,020.00 UNITED SAFETY & CLAIMS INC WORKERS COMP SVC FEE $1,658.33 WORKERS' COMP SELF -INS -Total $5,683.02 WORKERS' COMP SELF -INS -Total $5,683.02 77 GENERAL LIABILITY - PROPERT JPMORGAN CHASE BANK BAXTER STONE - MAILBOX $400.00 SHAWN REISWIG TORT CLAIM $2,548.00 GEN LIAB -PROP SELF INS -Total $2,948.00 GENERAL LIABILITY - PROPERT -Total $2,948.00 78 HEALTHCARE SELF INS FUND JPMORGAN CHASE BANK AMAZON -FAN $59.04 WELLNESS -Total $59.04 HEALTHCARE SELF INS FUND -Total $59.04 City Grand Total $2,226,417.37 11 TO: The Honorable Mayor and City Council FROM: Earl Farris, Project Administrator SUBJECT: Acceptance of Infrastructure Improvements at 9050 North Garnett Road Dr. Curtis Dental DATE: May 17, 2024 BACKGROUND: The subject commercial development is located at Dr. Curtis Dental (9050 North Garnett Road). Public infrastructure improvements consist of a fire hydrant relocation and concrete work including a concrete approach, sidewalk and drainage flume. FINAL INSPECTIONS: Final inspections for the infrastructure components were completed in April 2024, by the Public Works Department. All standards for acceptance have been met. Additionally, the construction contractor has supplied the necessary two -year maintenance bond. RECOMMENDATION: Staff recommends acceptance of the public infrastructure improvements at Dr. Curtis Dental located at 9050 North Garnett Road. ATTACHMENTS: Location Map Attorney Approved Letter of Credit (Concrete) Attorney Approved Bond (Fire Hydrant) Dr. Curtis Dental Location Map 05/02/2024 This map may represents a visual display of related geographic information Data provided here on is not guarantee of actual field conditions. To be sure of complete accuracy, please contact the responsible staff for most up- ta-date information. Farris, Earl From: Wingert Shellie Sent: Tuesday, April 30, 2024 3:23 PM To: Hancock, Brandon; Lombardi, Julie Cc: Farris, Earl Subject: RE: Dr. Curtis Letter of Credit in lieu of Bond Brandon, Julie has reviewed the Irrevocable Letter of Credit. It is approved. Thank you, Shellie From: Hancock, Brandon <BHancock @CityOfOwasso.com> Sent: Friday, April 26, 202411:16 AM To: Wingert Shellie <swingert@cityofowasso.com >; Lombardi, Julie <JLombardi @CityOfOwasso.com> Cc: Farris, Earl <efarris @CityOfOwasso.com> Subject: Dr. Curtis Letter of Credit in lieu of Bond All- Please review the attached letter of credit. Once reviewed please Reply all with your findings. Thanks Brandon Hancock, CPII Infrastructure Inspector Owasso Public Works office: 918 272 -4959 fax: 918 272 -4996 cell: 918 693 -0373 bhancock@citvofowasso.com IRREVOCABLE LETTER OF CREDIT Borrower: SEGUE CONSTRUCTORS LLC Lender: Regent Bank 7122 5 SHERIDAN RD Tulsa TULSA, OK 74133.0000 7136 S Yale Ave., Suite 100 Tulsa, OK 74136 Beneficiary: CITY OF OWASSO 111 N. MAIN ST. OWASSO, OK 74055 NO.: 407594 EXPIRATION DATE. This letter of credit shall expire upon the close of business on 04 -23 -2026 and all drafts and accompanying statements or documents must be presented to Lender on or before that time (the "Expiration Dale "). AMOUNT OF CREDIT. Lender hereby establishes at the request and for the account of Borrower, an Irrevocable Letter of Credit in favor of Beneficiary for a sum of Fifteen Thousand Eight Hundred Sixty & 00 /100 Dollars ($15,860.00) (the "Letter of Credit'). These funds shall be made available to Beneficiary upon Lender's receipt from Beneficiary of sight drafts drawn on Lender at Lender's address indicated above (or other such address that Lender may provide Beneficiary in writing) during regular business hours and accompanied by the signed written statements or documents indicated below. WARNING TO BENEFICIARY: PLEASE EXAMINE THIS LETTER OF CREDIT AT ONCE. IF YOU FEEL UNABLE TO MEET ANY OF ITS REQUIREMENTS, EITHER SINGLY OR TOGETHER, YOU SHOULD CONTACT BORROWER IMMEDIATELY TO SEE IF THE LETTER OF CREDIT CAN BE AMENDED. OTHERWISE, YOU WILL RISK LOSING PAYMENT UNDER THIS LETTER OF CREDIT FOR FAILURE TO COMPLY STRICTLY WITH ITS TERMS AS WRITTEN. DRAFT TERMS AND CONDITIONS. Lender shall honor drafts submitted by Beneficiary under the following terms and conditions Upon Lender's honor of such drafts, Lender shall be fully discharged of Lender's obligations under this Letter of Credit and shall not be obligated to make any further payments under this Letter of Credit once the full amount of credit available under this Letter of Credit has been drawn. Beneficiary shall have no recourse against Lender for any amount paid under this Letter of Credit once Lender has honored any draft or other document which complies strictly with this Letter of Credit, and which on Its face appears otherwise in order but which is signed, Issued, or presented by a party or under the name of a party purporting to act for Beneficiary, purporting to claim through Beneficiary, or posing as Beneficiary without Beneficiary's authorization. By paying an amount demanded in accordance with this Letter of Credit, Lender makes no representation as to the correctness of the amount demanded and Lender shall not be liable to Beneficiary, or any other person, for any amount paid or disbursed for any reason whatsoever, including, without limitation, any nonapplication or misapplication by Beneficiary of the proceeds of such payment. By presenting upon Lender or a confirming bank, Beneficiary certifies that Beneficiary has not and will not present upon the other, unless and until Beneficiary meets with dishonor. Beneficiary promises to return to Lender any funds received by Beneficiary in excess of the Letter of Credit's maximum drawing amount USE RESTRICTIONS. All drafts must be marked 'DRAWN UNDER Regent Bank IRREVOCABLE LETTER OF CREDIT NO. 407594 DATED 04 -23- 2024," and the amount of each draft shall be marked on the draft. Only Beneficiary or Beneficiary's transferee may complete a draft and accompanying statements or documents required by this Letter of Credit and make a draw under this Letter of Credit. This original Letter of Credit must accompany any draft drawn hereunder. Partial draws are permitted under this Letter of Credit. Lender's honor of a partial draw shall correspondingly reduce the amount of credit available under this Letter of Credit. Following a partial draw, Lender shall return this original Letter of Credit to Beneficiary with the partial draw noted hereon; in the alternative, and in its sole discretion, Lender may issue a substitute Letter of Credit to Beneficiary in the amount shown above, less any partial drawls). PERMITTED TRANSFEREES. This Letter of Credit may be transferred by Beneficiary upon prior written notice to Lender of the transfer. The transferee shall be deemed the new Beneficiary of this Letter of Credit and the documents of the transferee, including drafts required under this Letter of Credit, will be processed by Lender (or any intermediary) without the original Beneficiary's intervention and without any further obligation of Lender to the original Beneficiary. TRANSFEREES REQUIRED DOCUMENTS. When the presenter is a permitted transferee under the "Permitted Transferees" paragraph above (the "Permitted Transferee "), the documents required for a draw shall include all documents required elsewhere in this Letter of Credit, except that such documents may be in the name of and executed by either the original Beneficiary or the presenter permitted by the "Permitted Transferees" paragraph above. COMPLIANCE BURDEN. Lender is not responsible for any impossibility or other difficulty in achieving strict compliance with the requirements of this Letter of Credit precisely as written. Beneficiary understands and acknowledges: (i) that unless and until the present wording of this Letter of Credit is amended with Lender's prior written consent, the burden of complying strictly with such wording remains solely upon Beneficiary, and (it) that Lender is relying upon the lack of such amendment as constituting Beneficiary's initial and continued approval of such wording. NONSEVERABILITY. If any aspect of this Letter of Credit is ever declared unenforceable for any reason by any court or governmental body having jurisdiction, Lenders entire engagement under this Letter of Credit shall be deemed null and void ab initio, and both Lender and Beneficiary shall be restored to the position each would have occupied with all rights available as though this Letter of Credit had never occurred. This non- severabillty provision shall override all other provisions in this Letter of Credit, no matter where such provision appears within this Letter of Credit. GOVERNING LAW. This Agreement will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Oklahoma without regard to its conflicts of law provisions, and except to the extent such laws are Inconsistent with the 2007 Revision of the Uniform Customs and Practice for Documentary Credits of the International Chamber of Commerce, ICC Publication No. 600. This Agreement has been accepted by Lender in the State of Oklahoma. EXPIRATION. Lender hereby agrees with Beneficiary that drafts drawn under and in compliance with the terms of this Letter of Credit will be duly honored if presented to Lender on or before the Expiration Date unless otherwise provided for above. IRREVOCABLE LETTER OF CREDIT Loan No: 407594 (Continued) Page 2 Dated: April 23, 2024 LENDER: REGENT BANK By: Bruce Adkins, EVP, Tulsa Market President ENDORSEMENT OF DRAFTS DRAWN: Amount Amount Date Negotiated By In Words In Figures Farris, Earl From: Wingert Shellie Sent: Thursday, January 13, 2022 8:37 AM To: Hancock, Brandon; Farris, Earl Cc: Lombardi, Julie Subject: FW: Dr. Curtis Dental WL BOND Attachments: image001.png; WL Bond.pdf Good morning, I have reviewed the maintenance bond for the relocate of fire hydrant to serve Dr. Curtis, at your request. The attorney -in -fact signature is authorized, the surety is licensed to do business in Oklahoma, and the amount of the bond is well within the surety's $4,581,000 underwriting limitation. Therefore, the bond is approved. Please let me know if you need anything else. Thanks, Shellie Shellie Wingert Legal Assistant City of Owasso 200 S. Main St., Owasso, OK 74055 swingert(@,citvofowasso.com Wk: 918 - 376 -1548 Cell: 918 - 845 -0465 From: Lombardi, Julie Sent: Thursday, January 13, 2022 8:27 AM To: Wingert Sheltie <swingert@cityofowasso.com> Subject: Fwd: Dr. Curtis Dental WL BOND Sent from my iPhone Begin forwarded message: From: "Hancock, Brandon" <BHancock(a?citvofowasso.com> Date: January 13, 2022 at 8:25:03 AM CST To: "Lombardi, Julie" <JLombardiCdcitvofowasso.com >, "Farris, Earl" <efarris(a)citvofowasso.com> Subject: Dr. Curtis Dental WL BOND Maintenance Bond PRIVATELY FINANCED PUBLIC IMPROVEMENTS Bond No, GR50450 KNOW ALL MEN BY THESE PRESENTS, That we Bret Barnhart Jr., LLC dba Bret Barnhart Excavating as Principal (Developer and Contractor), and Granite Re, Inc. as Surety, are held and firmly bound unto the City of Owasso, as Obligee, in the penal sum of Nine Thousand One Hundred Fifty & 00/100 ($ $0,150.00 ) which payment will and truly to be made, we do bind ourselves, and each of our heirs, executors, administrators, successors, and assigns jointly and severally, firmly bythese. presents. WHEREAS, the Principal will furnish a bond conditioned to guarantee, for the period of year(s) after final approval of the_ Relocate Fire Hydrant to Serve Dr. Curtis a privately financed public improvement, and acceptance of such by the City Council of the City of Owasso, against all defects in workmanship and materials which may become apparent in such privately financed public improvement during said period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATIONS IS SUCH thatthe Principal and /or Surety shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship in the privately financed public improvement which may become apparent during the said period. SIGNED, SEALED, AND DATED: December 30, 2021 Principal Surety in -Fact Attach Power of Attorney GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of MINNESOTA and having Its principal office at Ilse City of OKLAHOMA CITY ht the State of OKLAHOMA does hereby constitute and appoint: TRAVIS E. BROWN; THOMAS C. PERRAULT; STEPHEN M. POLEMAN: VAUGHN GRAHAM; J. KELLY DEER; RICA HAVERFIELD; JAMIE BURRIS: VAUGHN GRAHAM, JR. DEBORAH L. RAPER: MARK D. NOWELU KYLE BRADFORD; KENT BRADFORD: DWIGHT A. PILGRIM; SHELU R. SAMSEL: VICKI WILSON: AUSTIN K. GRF.ENHAW: CLAYTON HOWELL; GARY LILES; RANDY D. WEBB; BOBBY JOE YOUNG; AARON WOOLSEY; CAREY L. KENNEMER; KRISTIN B. LEWIS Its true and lawful Attorney -In - Fact(s) for the following purposes, to Wil: To sign Its name as surety lo, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which Is hereto annexed and made a pan of this Power of Attorney; and the said GRANITE RE, INC, through us, Its Board of Directors, hereby ratifies and confirms all and whatsoever the said: TRAVIS E. BROWN; THOMAS C. PERRAULT; STEPHEN M. POLEMAN; VAUGHN GRAHAM:). KELLY DEER: RICH HAVERFIELD; JAMIE BURRIS: VAUGHN GRAHAM. JR: DEBORAH L. RAPER; MARK O. NOWELL: KYLE BRADFORD; KENT BRADFORD; DWIGHT A. PILGRIM: SHELLI R. SAMSEL: VICKI WILSON: AUSTIN K. GRF.ENHAW: CLAYTON HOWELL; GARY LILES: RANDY D. WEBB: BOBBY JOE YOUNG; AARON WOOLSEY: CAREY L. KENNEMER; KRISTIN B. LEWIS may lawfully do In the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with Its corporate seal, duty attested by the signatures of Its President and Assistant Secretary, tills 31d day orJanuary, 2020. On this 31d day of January, 2020, before me personally came Kenneth D. Whittington. President of the GRANITE RE, INC. Company and Kyle P. McDonald, Assistant Secretary of said Company. with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kennoth D. Whittington and Kyle P. McDonald were respectively the President and the Assistant Secretary or GRANITE RE, INC., the corporation described In and which executed Ilse foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so axed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Assistant Secretary, respectively, of the Company. STATE OF OKLAHOMA ) Kenneth D, Whf[tin tan, President COUNTY OF OKLAHOMA) Ky. McDonald. Assistant Secretary On this 31d day of January, 2020, before me personally came Kenneth D. Whittington. President of the GRANITE RE, INC. Company and Kyle P. McDonald, Assistant Secretary of said Company. with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kennoth D. Whittington and Kyle P. McDonald were respectively the President and the Assistant Secretary or GRANITE RE, INC., the corporation described In and which executed Ilse foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so axed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Assistant Secretary, respectively, of the Company. Notary Public GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Assistant Secretary of Granite Re, Inc., a Minnesota Corporation, HEREBY CERTIFIES that the following resolution Is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and Is now In full force and effect. "RESOLVED, that the President, any Vice President, the Assistant Secretary, and any Assistant Vice President shall each have authority to appoint Individuals as attorneys -In -fact or under other appropriate titles With authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character Issued by the Company In the course of its business. On any Instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any Instrument conferring such authority or on any bond or undertaking of the Company, the seal. or a facsimile thereof, may he Impressed or affixed or In any other manner reproduced: provided, however, that the seal shall not be necessary to the validity of any such Instrument or undertaking." IN WITN the and rslgned has sub cribed tills Certificate and afnxed the corporate seal of the Corporation this day Kyle P. McDonald, Assistant Secretary My Commission Expires: April 21, 2023 commission if: 11003020 Notary Public GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Assistant Secretary of Granite Re, Inc., a Minnesota Corporation, HEREBY CERTIFIES that the following resolution Is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and Is now In full force and effect. "RESOLVED, that the President, any Vice President, the Assistant Secretary, and any Assistant Vice President shall each have authority to appoint Individuals as attorneys -In -fact or under other appropriate titles With authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character Issued by the Company In the course of its business. On any Instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any Instrument conferring such authority or on any bond or undertaking of the Company, the seal. or a facsimile thereof, may he Impressed or affixed or In any other manner reproduced: provided, however, that the seal shall not be necessary to the validity of any such Instrument or undertaking." IN WITN the and rslgned has sub cribed tills Certificate and afnxed the corporate seal of the Corporation this day Kyle P. McDonald, Assistant Secretary BRETBAR -01 CERTIFICATE OF LIABILITY INSURANCE I D 12130/2029 0121 12130! THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION 18 WAIVED, subject to the terms and conditions of the policy, certain pollcles may require an endorsement. A statement on PRODUCER Rich & Cartmlll, Inc. 2730 E. 61st Street, Suite 400 aIc No ,Fell: (918 293 -7196 (AID, N.): Tulsa, OK 74106 POLICYEFF POLICY E %P LIMITS AUTHOR�I2EO REPRESENTATIVE INSURERRN AFFOROINO COVERAGE ,.. NAIC II INSURERA:01110 Security Ins CO ;24082 INSURED Amarican Fire& Casualty. Company ;24066 Bret Barnhart, Jr, LLC dba Bret Barnhart Excavating L INSURER c: OHIO CASUALTY INS CO 24074 700 Commercial Ave i INSURERD:NATIONAL AMERICAN INSURANCE CO AN 23663 Mounds, OK 74047 Casualty GENERAL AGGREOATE 2,000,000 PRODUCTS. COMPIOPAGG THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ., 200 S Main St INSR TYPEOFINSURANCE 'AO OL SUOR POLICYNUMBVR POLICYEFF POLICY E %P LIMITS AUTHOR�I2EO REPRESENTATIVE A X COMMERCIAL GENERAL LIABILITY EACHOCCURRENCE :S 1'000'000 CLAIMS -MADE X OCCUR ':BKS69449673 21112021 21112022 DAMAGE TO RENTED PREMISES 1,000,000 16,000 . MEDEW(Anyonapenon) S PERSCNALa ADVINJURY ;5. 1,000,000 GE_HL AGGREGATE LIMITAPPLIES PER: GENEFAL_AGGREOATE 2,000,000 POLICY X dEqCDT LOG PRODUCTS. COMPIOPAGG. S 2,000,000 OTHER: 1,000,000 ANY AUTO BAAS9449673 211/2021 2(112022 j BODILY INJURY,(Perpana) (S SCHEDULED EACH OCCURRENCE, 2.000,000 EXCESSUAB CLAIMS -MADE IUS059449673 27112021 !. 21112022 ,AGGREGATE 2,000,000 OEO X RETENTIONS 10,000 D WORKERS COMPENSATION X , STATS/.TE.J ERH AND EMPLOYERS'LIABILI YIN. CW39110338 ' 2!112021 - 21112022 1000,000 ANY PROPRIETORMARTNERA?XECUTIVE� NIA. i :EL EACH ACCIDENT ,S. ppFlcEnMJ EXCLUDED 1,000,000 DESCRIPTION OF OPERATIONS rLOCATIONSIVEHICLE9 (gCORD 701,Adtl%lone Rema,Nv SChetlulq, maybe mvcnvtlirmme speceb raqultgtl) Project: Relocate Fire Hydrant ACORD 26 (2016103). Aungnusreserveo. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Owasso THE EXPIRATION DATE ACCORDANCE WITH THE POLICY ROVISN NTSCE WILL BE DELIVERED IN 200 S Main St Owasso, OK 74066 REPRESENTATIVE ACORD 26 (2016103) r019B3- 2U1OAUVKUL)UKYVKAIIVN. Aungnusreserveo. The ACORD name and logo are registered marks of ACORD TO: The Honorable Mayor and City Council FROM: Earl Farris, Project Administrator SUBJECT: Acceptance of Infrastructure Improvements at 414 South Birch (Birch Wood) DATE:. May 17, 2024 BACKGROUND: The subject commercial development (Birch Wood) is located at 414 South Birch. Public infrastructure improvements consist of a fire line tap and concrete approach. FINAL INSPECTIONS: Final inspections for the infrastructure components were completed in April 2024, by the Public Works Department. All standards for acceptance have been met. Additionally, the construction contractor has supplied the necessary two -year maintenance bond. RECOMMENDATION: Staff recommends acceptance of the public infrastructure improvements at Birch Wood located at 414 South Birch. ATTACHMENTS: Location Map Attorney Approved Bond Location Map 05/02/2024 This map may represents presents a visual display of related geographic information. Data provided hereon 1s not guarantee of actual field conditions. To be sure of complete accuracy, please contact the responsible staffpfor most up- to-date information. Farris, Earl From: Wingert Shellie Sent: Tuesday, April 30, 2024 7:37 AM To: Eaton, Steven; Lombardi, Julie Cc: Farris, Earl Subject: RE: Birch Wood Good morning, Steven, I have reviewed the Birch Wood maintenance bond at your request. The attorney -in -fact signature is authorized, the surety is licensed to do business in Oklahoma, and the amount of the bond is well within the surety's $246,650,000.00 underwriting limitation. Therefore, the bond is approved. Thank you, Shellie From: Eaton, Steven <seaton @CityOfOwasso.com> Sent: Thursday, April 25, 2024 7:55 AM To: Wingert Shellie <swingert@cityofowasso.com >; Lombardi, Julie <J Lombard i @CityofOwasso.com> Cc: Farris, Earl <efarris @CityOfOwasso.com> Subject: RE: Birch Wood Please see revised bond for Birch Wood. From: Wingert Shellie <swingert@citvofowasso.com> Sent: Thursday, April 18, 20241:08 PM To: Eaton, Steven <seaton(&CitV0fowasso.com >; Lombardi, Julie <JLombardi @0tv0f0wasso.com> Cc: Farris, Earl <efarris @City0f0wasso.com> Subject: RE: Birch Wood Hello Steven, I had a question about the bond and wanted to verify with Julie. In the first paragraph the written words for the $46,000.00 states forty -six thousand hundred dollars. We need to have the hundred removed please. Thanks, Shellie From: Eaton, Steven <seaton @Citv0f0wasso.com> Sent: Thursday, April 18, 2024 7:41 AM To: Lombardi, Julie <JLombardi @CitvOfOwasso.com> Cc: Wingert Shellie <swingert@citvofowasso.com >; Farris, Earl <efarris @Citv0f0wasso.com> Subject: Birch Wood Maintenance Bond PRIVATELY FINANCED PUBLIC IMPROVEMENTS Bond No: 999323619 KNOW ALL MEN BY THESE PRESENTS, That we New Age Homes, I.I.C. as Principal (Developer and Contractor), and The Ohio Casualty Insurance Company. as Surety, are held and firmly bound unto the City of Owasso, Oklahoma, as Obligee, in the penal sum of FORTY -SIX THOUSAND DOLLARS ($46,000.00) to which payment will and truly to be made, we do bind ourselves, and each of our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents. WHEREAS, the Principal will furnish a bond conditioned to guarantee, for the period of TWO YEAR after final approval of the Birch Wood, 414 S Birch St, Owasso, OK MOSS, a privately financed public improvement, and acceptance of such by the City Council of the City of Owasso, Oklahoma, against all defects in workmanship and materials which may become apparent in such privately financed public improvement during said period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that the Principal and /or Surety shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship in the privately financed public improvement which may become apparent during the said period. SIGNED, SEALED, AND DATED: April 16, 2024 New Age Homes, LLC, Principal BY: The Ohio Casualty Insurance Company, Surety Attomey -in -Fact Attach Power of Attorney Liberty Mutual SURETY This Power of Attorney Ilmits the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. The Ohio Casualty Insurance Company POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: that The Ohio Casualty Insurance Company, a corporation duly organized under the laws of the Stale of New Hampshire (herein collectively piled the'Companyl, pursuant to and by authority herein sel forth, does hereby name, constitute and appoint Timothy A Mlkolajewskl in the city and state of Seattle, WA, each individually if there be more than one named, its We and lawful attomey4ri -fad to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obliigationv, in pursuance of these presents and shall be as binding upon The Companies as if they have been duly signed by the president and affested by the secretary of the Company in their on proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of the Company has been affixed thereto this 28th day of March, 2021. OF PENNSYLVANIA OF MONTGOMERY The Ohio Casualty Insurance Company this 28th day of March, 2821, before me personally appeared David M. Caey, who acknowledged himself to be the Assistant Secretary of The Ohio Casualty Insurance Company he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing an behalf of the corporations by himself as duly author WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. Comnp'mealNMPe,wyManla -Nalry Seal Tense Peslella, NOlary PUEtic Power of Attorney is made and executed pursuant to and by authority of the following By -law and Authorizations of The Ohio Casualty Insurance effect reading as follows: ARTICLE IV— OFFICERS; Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose In writing by the Chairman or the President, and subject to such Ymitation as the Chairman or the President may prescribe, shall appoint such atlomeys- lo-fact, as may be necessary (o out in behalf of the Corporation to make, execute, seal, acknowfedge and derwer as surety any and all undertakings, bonds, recognizances and other surety obligations. Such aliomeys•in -fact, subject to the limilatlons set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and executed, such instruments shall be as binding as if signed by the President and sheared to by the Secretary. Any power or authority granted to any representative or ahomey -lo-fam under the previsions of this article may be revoked at any 8me by the Board, the Chairman, the President or by the officer or oficars granting such power or authority. Certificate of Designation —The President of the Company, acing pursuant to the Bylaws of this Company, authorizes David M. Carey, Assistant Secretary to appoint such shomeys -in- fact as may be necessary to act on behalf of the Company to make, execute, seat, acknowledge and deMer as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature or electronic signatures of any assistant secretary of the Company or facsimile or mechanically reproduced or electronic seal of the Company, wherever appearing upon a certified copy of any power of attorney or bond Issued by the Company in connection with surety bonds, shah be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Ueweryn, the undersigned, Assistant Secretary, of The Ohio Casualty Insurance Company do hereby certify Thal this power of attorney executed by said Company is in full force and affect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Company this 16th day of April , 2024 Renee C. Llewellyn, Assistant Secretary Eaton, Steven From: Jared Britton < jared @newagehomes.net> Sent: Wednesday, April 17, 2024 5:26 PM To: Eaton, Steven Subject: Re: Bond CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. $18000 for the fire line $28000 for the approach From: Eaton, Steven <seaton @CityOfOwasso.com> Sent: Wednesday, April 17, 2024 4:34 PM To: Jared Britton <jared @newagehomes.net>; Farris, Earl <efarris @City0f0wasso.com> Subject: RE: Bond Jared, Can you please send me a breakdown of this bond? How much for the fire line and approach. If you have any questions please feel free to give me a call. Steven Eaton City of Owasso Infrastructure Inspector seaton@cityofowasso.com Phone 918 -272 -4959 Cell 918 -693 -3979 From: Jared Britton < jared @newagehomes.net> Sent: Tuesday, April 16, 2024 3:15 PM To: Farris, Earl <efarr1s @CityCf0wasso.com >; Eaton, Steven <seaton @CityOfOwasso.com> Subject: Re: Bond CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content Is safe. So does the form Isent work? Insurance companies use there forms. Get Outlook for iOS 1 TO: The Honorable Mayor and City Council FROM: Larry Langford, Director of Recreation and Culture SUBJECT: Pickleball Project- Acceptance and Final Pay DATE: May 17, 2024 BACKGROUND: On September 5, 2023, City Council awarded a contract to Ascend Commercial Builders, LLC of Tulsa, Oklahoma, in the amount of $143,627.00 for the construction of pickleball courts to include removal of existing concrete slab, a new 100' x 64' concrete base containing three (3) 44' x 20' pickleball courts, connecting sidewalks to an existing walking path, installation of a perimeter fence, three (3) pickleball nets, painting of all boundary lines and painting of all playing surfaces with textured, non -skid, heavy -duty surface coating. FINAL INSPECTION: In April 2024, Ascend Commercial Builders, LLC, completed all required work identified with the construction contract. Final inspection of construction was completed by the Parks Department Superintendent. The City Attorney has executed the Certificate of Approval for required bonds. All standards for acceptance have been met. FUNDING: Funding is included in the FY 2023 -2024 General Fund Parks Budget. RECOMMENDATION: Staff recommends acceptance of the project and authorization for final payment to Ascend Commercial Builders, LLC, of Tulsa Oklahoma, in the amount of $7,181.35. TO: The Honorable Mayor and City Council The Honorable Chair and Trustees Owasso Public Works Authority (OPWA) FROM: Carly Novozinsky, Finance Director SUBJECT: Authorization of Sales Tax Revenue Note, Series 2024 DATE: May 17, 2024 BACKGROUND: In October of 2003, Owasso citizens voted to approve changes to the third -penny sales tax ordinance. According to Ordinance 763, the purpose of the third -penny sales tax is "to provide revenues to finance or fund capital projects and related costs, to include debt service on obligations issued to finance said capital projects." The ordinance includes the requirement that "said capital projects" are to be reviewed "by the Capital Improvements Committee, approved by the City Council by resolution, with oversight given by the Citizens' Watchdog Committee established by the City Council." On June 6, 2013, Council approved Resolution 2023-11 which identified approximately $148 million in capital improvement projects, of which, approximately $95 million require third -penny sales tax funding. The third -penny sales tax generates approximately $11 million per year, of which, approximately $5 million is currently committed annually for existing debt service. Currently, approximately $53 million remains to be funded from future years' collections. As has been discussed with the Capital Improvement Committee and the Sales Tax Oversight Committee on multiple occasions, authorized Capital Improvement Projects (CIP) will require approximately six to seven years of sales tax revenues to fund. At the May 2024 Worksession, staff outlined the need for future financing of capital projects to enable the City to advance the progress of approved CIP projects without delay. SALES TAX REVENUE NOTE, SERIES 2024: The proposed $42,870,000 Series 2024 Sales Tax Revenue Note would include approximately $30 million for reimbursement for construction of the new Public Works Facility, as well as, funds for Garnett Road widening from East 106rh Street North to East 1 16th Street North, The Note would be repaid from the third -penny sales tax over a fifteen -year period. OPWA Resolution 2024-01 authorizes the issuance of a $42,870,000 Sales Tax Revenue Note, Series 2024. As a public trust of the City, the OPWA cannot incur debt without the approval of the City Council. City Resolution 2024-03 authorizes the OPWA to issue its Sales Tax Revenue Note, Series 2024. Both resolutions approve waiver of competitive bidding and authorizes the note to be sold on a negotiated basis. Both resolutions also ratify and confirm existing agreements between the City and the OPWA, provides various other requirements of the financing, and authorizes the execution of all documents related to the transaction including a pledge of certain sales tax revenues. The OPWA resolution also authorizes approval of professional service agreements with The Public Finance Law Group, PLLC. OPWA Trustees approved a professional service agreement with Municipal Finance Services, Inc on July 11, 2023 that does not expire until June 30, 2024. The scope of this agreement covers any financing through OPWA, therefore, a new agreement is not required. CITY RECOMMENDATION: Staff recommends approval of Resolution 2024 -03 approving the incurrence of indebtedness by the Owasso Public Works Authority (the "Authority ") issuing its Sales Tax Revenue Note, Series 2024 (the "Note "); providing that the organizational document creating the Authority is subject to the provisions of the Note indenture, authorizing the issuance of said Note; waiving competitive bidding with respect to the sale of said Note and approving the proceedings of the Authority pertaining to the sale of said Note; ratifying and confirming a sales tax agreement by and between the City of Owasso, Oklahoma (the "City ") and the Authority pertaining to the year -to- year pledge of certain sales tax revenues; and containing other provisions relating thereto. Staff further recommends amendment of the Capital Improvements Fund budget to increase appropriations for expenditures by $24,100,000. OPWA RECOMMENDATION: Staff recommends approval of Resolution 2024 -01 authorizing the Owasso Public Works Authority (the "Authority ") to issue its Sales Tax Revenue Note, Series 2024 (the "Note ") in the aggregate principal amount of $42,870,000; waiving competitive bidding and authorizing the Note to be sold on a negotiated basis; ratifying and confirming a sales tax agreement by and between the City and the Authority pertaining to a year -to -year pledge of certain sales tax revenue; approving and authorizing execution of a supplemental note indenture authorizing the issuance and securing the payment of the Note; providing that the organizational document creating the Authority is subject to the provisions of the Note indenture; authorizing and directing the execution of the Note and other documents relating to the transaction; and containing other provisions relating thereto. Staff further recommends amendment of the Owasso Public Works Authority budget to increase appropriations for both revenues and expenditures by $42,870,000. ATTACHMENTS: City Resolution 2024 -03 OPWA Resolution 2024 -01 The Public Finance Law Group, PLLC Contract Municipal Finance Services, Inc Contract, approved by OPWA Trustees July 11, 2023 RESOLUTION NO. 2024-03 A RESOLUTION APPROVING THE INCURRENCE OF INDEBTEDNESS BY THE OWASSO PUBLIC WORKS AUTHORITY (THE "AUTHORITY ") ISSUING ITS SALES TAX REVENUE NOTE, SERIES 2024 (THE "NOTE "); PROVIDING THAT THE ORGANIZATIONAL DOCUMENT CREATING THE AUTHORITY IS SUBJECT TO THE PROVISIONS OF THE NOTE INDENTURE, AUTHORIZING THE ISSUANCE OF SAID NOTE; WAIVING COMPETITIVE BIDDING WITH RESPECT TO THE SALE OF SAID NOTE AND APPROVING THE PROCEEDINGS OF THE AUTHORITY PERTAINING TO THE SALE OF SAID NOTE; RATIFYING AND CONFIRMING A SALES TAX AGREEMENT BY AND BETWEEN THE CITY OF OWASSO, OKLAHOMA (THE "CITY ") AND THE AUTHORITY PERTAINING TO THE YEAR -TO -YEAR PLEDGE OF CERTAIN SALES TAX REVENUES; AND CONTAINING OTHER PROVISIONS RELATING THERETO NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA: SECTION 1. INDEBTEDNESS AUTHORIZED. The Owasso Public Works Authority (the "Authority ") is hereby authorized to incur an indebtedness by the issuance of its Sales Tax Revenue Note, Series 2024 in the amount of $42,870,000.00, according to the terms and conditions of a Note Indenture dated as of December 1, 2004, as previously supplemented and amended, and as further supplemented and amended by a Series 2024 Supplemental Note Indenture, all by and between the Authority and BancFirst, as successor Trustee to RCB Bank (collectively, the "Note Indenture "), provided that said Note shall never constitute a debt of the City of Owasso, Oklahoma (the "City "). SECTION 2. ORGANIZATIONAL DOCUMENT SUBJECT TO NOTE INDENTURE. The organizational document creating the Authority, is hereby made subject to the terms of the Note Indenture authorizing the issuance and securing the payment of the Note as more fully described in Section 1 hereof. SECTION 3. WAIVING COMPETITIVE BIDDING; APPROVAL OF SALE PROCEEDINGS. The waiving of competitive bidding for the sale of the Note and the sale of said Note by the Authority to , at a price of par, is hereby approved. SECTION 4. SALES TAX AGREEMENT. The Sales Tax Agreement dated as of December 1, 2004, between the City and the Authority (the "Sales Tax Agreement'), which Sales Tax Agreement pertains to a year -to -year pledge of certain sales tax revenue as security for the Note, is hereby ratified and confirmed. SECTION 5. AUTHORIZING EXECUTION. The Mayor or Vice Mayor and City Clerk or Deputy City Clerk of the City representing the City at the closing of the above - referenced note issue are hereby authorized to execute and deliver on behalf of the City any and all certifications and documentation necessary or attendant to the delivery of the Note, as directed by Bond Counsel. [Remainder of Page Intentionally Left Blank] PASSED AND APPROVED THIS 2IST DAY OF MAY, 2024. (SEAL) ATTEST: Juliann M. Stevens, City Clerk CITY OF OWASSO, OKLAHOMA Alvin Fruga, Mayor 2 RESOLUTION NO. 2024-01 A RESOLUTION AUTHORIZING THE OWASSO PUBLIC WORKS AUTHORITY (THE "AUTHORITY ") TO ISSUE ITS SALES TAX REVENUE NOTE, SERIES 2024 (THE "NOTE") IN THE AGGREGATE PRINCIPAL AMOUNT OF $42,870,000.00; WAIVING COMPETITIVE BIDDING AND AUTHORIZING THE NOTE TO BE SOLD ON A NEGOTIATED BASIS; RATIFYING AND CONFIRMING A SALES TAX AGREEMENT BY AND BETWEEN THE CITY AND THE AUTHORITY PERTAINING TO A YEAR -TO- YEAR PLEDGE OF CERTAIN SALES TAX REVENUE; APPROVING AND AUTHORIZING EXECUTION OF A SUPPLEMENTAL NOTE INDENTURE AUTHORIZING THE ISSUANCE AND SECURING THE PAYMENT OF THE NOTE; PROVIDING THAT THE ORGANIZATIONAL DOCUMENT CREATING THE AUTHORITY IS SUBJECT TO THE PROVISIONS OF THE NOTE INDENTURE; AUTHORIZING AND DIRECTING THE EXECUTION OF THE NOTE AND OTHER DOCUMENTS RELATING TO THE TRANSACTION; AND CONTAINING OTHER PROVISIONS RELATING THERETO NOW, THEREFORE, BE IT RESOLVED BY THE TRUSTEES OF THE OWASSO PUBLIC WORKS AUTHORITY: SECTION 1. INDEBTEDNESS AUTHORIZED. The Owasso Public Works Authority (the "Authority ") is authorized to incur an indebtedness by the issuance of its Sales Tax Revenue Note, Series 2024 for and on behalf of the City of Owasso, Oklahoma (the "City "), in the aggregate principal amount of $42,870,000.00 (the "Note ") for the purpose of (i) financing certain capital improvements benefiting the City, including a new public works facility and certain street improvements, all along with related costs; and (ii) paying certain costs associated with the issuance of the Note. The Note shall bear interest at the rate of % per annum and shall mature on June 1, 2034, and shall be payable in principal installments as authorized pursuant to a Certificate of Determination. The Chairman or Vice Chairman are hereby authorized to execute the Certificate of Determination setting forth the principal installments of the Note. SECTION 2. COMPETITIVE BIDDING WAIVED. Competitive bidding on the sale of said Note is waived and the Note is authorized to be sold to (the "Purchaser "), at a price of par. SECTION 3. SALES TAX AGREEMENT. The Sales Tax Agreement dated as of December 1, 2004, between the City and the Authority (the "Sales Tax Agreement "), which Sales Tax Agreement pertains to a year -to -year pledge of certain sales tax revenue as security for the Note, is hereby ratified and confirmed. SECTION 4. SUPPLEMENTAL NOTE INDENTURE. The Series 2024 Supplemental Note Indenture by and between the Authority and BancFirst, as Trustee, as said Series 2024 Supplemental Note Indenture supplements and amends a Note Indenture dated as of December 1, 2004, as previously supplemented and amended, each by and between the Authority and the Trustee, as successor trustee bank to RCB Bank (collectively, the "Note Indenture "), authorizing the issuance of and securing the payment of the Note approved in Section 1 hereof, is hereby approved and the Chairman or Vice Chairman and Secretary or Assistant Secretary of the Authority are authorized and directed to execute and deliver same for and on behalf of the Authority. SECTION 5. ORGANIZATIONAL DOCUMENT SUBJECT TO THE NOTE INDENTURE. The organizational document creating the Authority is subject to the provisions of the Note Indenture referenced in Section 4 hereof. SECTION 6. EXECUTION OF NECESSARY DOCUMENTS. The Chairman or Vice - Chairman and Secretary or Assistant Secretary of the Authority are hereby authorized and directed on behalf of the Authority to execute and deliver the Note to the Purchaser, upon receipt of the purchase price and are further authorized and directed to execute all necessary documentation and closing and delivery papers required by Bond Counsel, including professional services agreements with The Public Finance Law Group PLLC as bond counsel and with Municipal Finance Services, Inc. as the Authority's financial advisor; approve the disbursement of the proceeds of the Note, including any costs of issuance; to approve and make any changes to the documents approved by this Resolution, for and on behalf of the Authority, the execution and delivery of such documents being conclusive as to the approval of any changes contained therein by the Authority; and to execute, record and file any and all the necessary financing statements and security instruments, including but not limited to the documents approved hereby, and to consummate the transaction contemplated hereby. remainder of Page Intentionally Left Blank] 2 PASSED AND APPROVED THIS 21sT DAY OF MAY, 2024. THE OWASSO PUBLIC WORKS AUTHORITY (SEAL) Alvin Fruga, Chair ATTEST: Juliann M. Stevens, Secretary CERTIFICATE OF AUTHORITY ACTION I, the undersigned, hereby certify that I am the duly and acting Secretary of The Owasso Public Works Authority. I further certify that the Trustees of The Owasso Public Works Authority held a Regular Meeting at 6:30 o'clock p.m. on May 21, 2024, after due notice was given in full compliance with the Oklahoma Open Meeting Act. I further certify that attached hereto is a full and complete copy of a Resolution that was passed and approved by said Trustees at said meeting as the same appears in the official records of my office and that said Resolution is currently in effect and has not been repealed or amended as of this date. I further certify that below is listed those Trustees present and absent at said meeting; those making and seconding the motion that said Resolution be passed and approved, and those voting for and against such motion: 0-6- R140W MOTION MADE BY: MOTION SECONDED BY: AYE: NAY: (SEAL) WITNESS MY HAND THIS 21sT DAY OF MAY, 2024. THE OWASSO PUBLIC WORKS AUTHORITY Juliann M. Stevens, Secretary of Authority THE PUBLIC FINANCE LAW GROUP PLLC ATTORNEYS AND COUNSELORS AT LAW t 405.235.3413 -f 405.235-2807 5657 N. C[ASSCN BOULE.V.ARD.Surn 100 • OKLAITOXIA Cnv, OK 73118 AGREEMENT FOR BOND COUNSEL SERVICES THE OWASSO PUBLIC WORKS AUTHORITY SALES TAX REVENUE NOTE, SERIES 2024 THIS AGREEMENT is entered into as of May 21, 2024, by and between THE PUBLIC FINANCE LAW GROUP PLLC ( "PFLG ") and THE OWASSO PUBLIC WORKS AUTHORITY (the "Issuer "), a public trust with the City of Owasso, Oklahoma (the "City") as its beneficiary, as follows: RECITALS WHEREAS, the Issuer desires to engage PFLG as bond counsel in connection with the financing of certain capital improvements, along with related costs (the "Project "); and WHEREAS, to finance all or a portion of the costs of the Project, the Issuer intends to issue its Sales Tax Revenue Note, Series 2024 in the principal amount $42,870,000.00 (the "Note'D; and WHEREAS, PFLG possesses the necessary professional capabilities and resources to provide the legal services required by Issuer as described in this Agreement. AGREEMENTS 1. Scone of Services. A. Bond Counsel Services. PFLG will render the following services as bond counsel to the Issuer: (1) Consultation with representatives of the Issuer and the City, including the City Manager, City Attorney, Issuer's Counsel, Finance Director, financing and accounting staff, financial advisors, and others, with respect to the timing, terms and legal structure of the proposed financing. (2) Preparation of loan, security and other authorizing documents (the "Financing Documents "). (3) Review of documentation with respect to any letter of credit, bond insurance and/or reserve fund surety policy provided in connection with the Note, if any. (4) Attendance at such meetings or hearings of the Issuer and the City and working group meetings or conference calls as the Issuer may request, and assistance to the Issuer staff in preparation of such explanations or presentations to the governing body of the Issuer and the City as they may request. (5) Preparation of final closing papers to be executed by the Issuer required to effect delivery of the Note and coordination of the Note closing. (6) Rendering of bond counsel's customary final legal opinion on the validity of the securities and, with respect to the tax - exempt securities, the exemption from gross income for federal income tax purposes and from Oklahoma personal income tax of interest thereon. PFLG and Issuer acknowledge that Issuer shall be represented by Julie Lombardi, Esq., City Attorney ( "Issuer's Counsel ") for the purpose of rendering day -to -day and ongoing general counsel legal services. PFLG shall circulate documents to and coordinate its services with Issuer's Counsel to the extent requested by Issuer or Issuer's Counsel. PFLG and Issuer further acknowledge that the Issuer shall be represented by Municipal Finance Services, Inc., a municipal advisor pursuant to the terms of SEC Rule 1513a1 -I (referred to herein as an "Independent Registered Municipal Advisor" or "IRMA "). PFLG is a firm of attorneys who provide legal advice or services of a traditional legal nature to a client, and PFLG and its attorneys do not represent themselves to be a financial advisor or financial expert. Therefore, PFLG is excluded from the definition of Municipal Advisor, and PFLG does not intend to provide any advice with respect to municipal financial products or the issuance of municipal securities outside of the scope of traditional legal services and advice customarily rendered by bond counsel in public finance transactions. Notwithstanding the foregoing, in the event certain advice may be construed as beyond the scope of traditional legal services, the Issuer specifically acknowledges that PFLG may avail itself of the IRMA exemption under SEC Rule 1513al -1 on the basis that (i) the Issuer is represented by an Independent Registered Municipal Advisor not associated with PFLG, (ii) the Issuer hereby advises PFLG that the Issuer is represented by and will rely on the advice of its duly retained Independent Registered Municipal Advisor, and (iii) the Issuer has been advised that PFLG is not a municipal advisor and PFLG owes no federal statutory fiduciary duty to the Issuer. In rendering opinions and performing legal services under this Agreement, PFLG shall be entitled to rely on the accuracy and completeness of information provided, certifications made by, and opinions provided by counsel to, Issuer, the Independent Registered Municipal Advisor, property owners and other parties and consultants, without independent investigation or verification. PFLG's services are limited to those specifically set forth above. PFLG's services do not include representation of Issuer or any other party to the transaction in any litigation or other legal or administrative proceeding involving the Note, the Project or any other matter. PFLG's services also do not include any responsibility for compliance with state blue sky, environmental, land use, real estate or similar laws or for title to or perfection of security interests in real or personal property. PFLG will not be responsible for preparing, reviewing, or opining with respect to the Issuer's Official Statement and/or any Continuing Disclosure Undertakings for the Note, including but not limited to the accuracy, completeness or sufficiency of the Official Statement, Continuing Disclosure Undertaking, or other offering material relating to the Note. PFLG's services do not include any financial advice or analysis. PFLG will not be responsible for the services performed or acts or omissions of any other participant. Also, PFLG's services will not extend past the date of issuance of the Note and will not, for example, include services related to rebate compliance or continuing disclosure or otherwise related to the Note, proceeds of the Note, or the Project after issuance of the Note. 2. Compensation and Reimbursements. A. Compensation for Bond Counsel Services. For services as bond counsel to the Issuer, PFLG shall be paid a fixed fee at the time of issuance of the Note of one percent (1.0 %) of the principal amount of the Note. B. Expenses. PFLG shall also be paid a fixed amount of $2,500.00 to cover expenses and transcript production and distribution, provided, that any filing, publication, recording or printing costs or similar third party costs required in connection with the Note shall be paid directly by the Issuer, but if paid by PFLG on behalf of the Issuer, shall be reimbursed to PFLG on demand. C. Payment. Fees and expenses shall be payable by Issuer at the time of issuance of the Note. Payment of all fees and expenses hereunder shall be made at closing from proceeds of the Note and shall be entirely contingent upon issuance of the Note. D. Termination of Agreement and Legal Services. This Agreement and all legal services to be rendered under it may be terminated at any time by written notice from either party, with or without cause. In that event, all finished and unfinished documents prepared for adoption or execution by Issuer, shall, at the option of Issuer, become its property and shall be delivered to it or to any party it may designate; provided that PFLG shall have no liability whatsoever for any subsequent use of such documents. In the event of termination by Issuer, PFLG shall be paid for all satisfactory work, unless the termination is made for cause, in which event compensation, if any, shall be adjusted in the light of the particular facts and circumstances involved in the termination. If not sooner terminated as aforesaid, this Agreement and all legal services to be rendered under it shall terminate upon issuance of the Note; provided that Issuer shall remain liable for any unpaid compensation or reimbursement due under Section 2 hereof. Upon termination, PFLG shall have no future duty of any kind to or with respect to the Note or the Issuer. 3. Nature of Engagement; Relationships With Other Parties. The role of bond counsel, generally, is to prepare or review the procedures for issuance of the bonds, notes or other evidence of indebtedness and to provide an expert legal opinion with respect to the validity thereof and other subjects addressed by the opinion. Consistent with the historical origin and unique role of such counsel, and reliance thereon by the public finance market, PFLG's role as bond counsel under this Agreement is to provide an opinion and related legal services that represent an objective judgment on the matters addressed rather than the partisan position of an advocate. In performing its services in connection with the Note, PFLG will act as special counsel to Issuer with respect to issuance of the Note; i.e., PFLG will assist the Issuer's Counsel in representing Issuer but only with respect to validity of the Note and the Financing Documents, and the tax status of interest on the Note, in a manner not inconsistent with the role of bond counsel described above. Issuer acknowledges that PFLG regularly performs legal services for many private and public entities in connection with a wide variety of matters. For example, PFLG has represented, is representing or may in the future represent other public entities, underwriters, trustees, rating agencies, insurers, credit enhancement providers, lenders, contractors, suppliers, financial and other consultants /advisors, accountants, investment providers/brokers, providers/brokers of derivative products and others who may have a role or interest in the Note financing or the Project or that may be involved with or adverse to Issuer in this or some other matter. PFLG agrees not to represent any such entity in connection with the Note financing, without the consent of Issuer. Given the special, limited role of bond counsel described above, Issuer acknowledges that no conflict of interest exists or would exist, and waives any conflict of interest that might appear actually or potentially to exist, now or in the future, by virtue of this Agreement or any such other attorney - client relationship that PFLG may have had, have or enter into, and Issuer specifically consents to any and all such relationships. 4. Limitation of Rights to Parties; Successor and Assigns. Nothing in this Agreement or in any of the documents contemplated hereby, expressed or implied, is intended or shall be construed to give any person other than Issuer and PFLG any legal or equitable right or claim under or in respect of this Agreement, and this Agreement shall inure to the sole and exclusive benefit of Issuer and PFLG. PFLG may not assign its obligations under this Agreement without written consent of Issuer except to a successor partnership or corporation to which all or substantially all of the assets and operations of PFLG are transferred. Issuer may assign its rights and obligations under this Agreement to (but only to) any other public entity that issues the Note (if not the Issuer). Issuer shall not otherwise assign its rights and obligations under this Agreement without written consent of PFLG. All references to PFLG and Issuer in this Agreement shall be deemed to refer to any 2 such successor of PFLG and to any such assignee of Issuer and shall bind and inure to the benefit of such successor and assignee whether so expressed or not. 5. Counterparts. This Agreement may be executed in any number of counterparts and each counterpart shall for all purposes be deemed to be an original, and all such counterparts shall together constitute but one and the same Agreement. 6. Notices. Any and all notice pertaining to this Agreement shall be sent by U.S. Postal Service, first class, postage prepaid to: PFLG: The Public Finance Law Group PLLC 5657 North Classen Boulevard, Suite 100 Oklahoma City, OK 73118 Attention: Allan A. Brooks, III or Nathan D. Ellis I[%H)a71 The Owasso Public Works Authority 200 South Main Owasso, OK 74055 Attention: City Manager [Remainder of Page Left Blank Intentionally] Issuer and PFLG have executed this Agreement by their duly authorized representatives as of the date provided above. THE PUBLIC FINANCE LAW GROUP PLLC IC Allan A. Brooks, III THE OWASSO PUBLIC WORKS AUTHORITY Title: Chairman Date: May 21, 2024 0 MUNICIPAL FINANCE SERVICES, INC. est. 1990 July 5,2023 PROFESSIONAL SERVICES AGREEMENT mfsok.cum P: 405.340.1727 1017 N. Bryanr Awe., Ste 100 Edmond, OK 73034 CO. Box 747 Edmond, OK 73083 -0747 THIS AGREEMENT is entered by and among MUNICIPAL FINANCE SERVICES, INC. ( "MFSOK") and the Owasso Public Works Authority, a public trust with the City of Owasso, Oklahoma (the "City") as beneficiary (the "Client "). THIS AGREEMENT supersedes all existing agreements between MFSOK and the Client. The Client desires to engage MFSOK as Municipal Advisor and agrees as follows: L Scope ofserl'ices. Some or all of the following services listed below shall be provided under this Agreement and pertain to the Client's new and outstanding debt obligations, including revenue bonds, bank notes, lease Financings, and loans from the Oklahoma Water Resources Board or other state or federal agencies during the tern of the Agreement (the "Issues'). Some of these services may be non - municipal advisor services. The Client designates MFSOK as the Client's independent registered municipal advisor ( "IRMA ") for purposes of SEC Rule 151a1- 1(d)(3)(vi) (the "IRMA Exemption "). A. New Issues 1. Evaluate options or alternatives with respect to the proposed new Issue. 2. Provide financial analysis to the Client to assist in understanding the benefits, costs, and risks of the proposed new Issue. 3. Review recommendations made by otherparties to the Client. 4. Assist Client in preparing a plan of finance. 5. Advise Client on structure, terms and timing of the proposed new Issue. G. Prepare financing schedule. 7. Attend meetings as requested by the Client. 8. Assist the Client in preparation of their loan applications, loan proposals, offering documents, notices of sale, instructions to bidders, or official statements, as appropriate. 9. Coordinate as appropriate with Client staff, legal representatives, government agencies, accountants, auditors, engineers, consultants, rating agencies, banks, lenders, placement agents, trustees, paying agents, escrow agents, bond insurers and other credit enhancers, to facilitate the plan of finance. 10. If new Issue is a competitive bond sale, assist Client in collecting and analyzing bids submitted by underwriters and selecting the winning bidder. 11. If new Issue is a loan, assist Client in collecting and analyzing proposals submitted by banks. 12. If the new Issue is a negotiated bond sale, assist client in selecting an underwriter and coordinate the bond sales process. 13. Coordinate closing of the new Issue with Client and other parties. 14. Evaluate potential refunding opportunities on outstanding Issues. B. Other Services Under Separate Agreement If requested by Client, MFSOK may provide other services including but not limited to: 1. Utility rate analysis. 2. Debt capacity analysis. 3. Cash defeasence or redemption services. C. Continuhm Disclosure Assistance 1. Assisting the Client annually in compiling the financial information and operating data set forth in their Continuing Disclosure Agreement( "CDA ") included in any Official Statement; and 1 If necessary, assisting the Client in preparing their "Failure to File Notice" should documents not be available for filing within the prescribed time frame designated in Ole CDA; and 3. Upon request, assisting the Client in their submission of the aforementioned information to the Electronic Municipal Marketplace Access system C EMMA'). MFSOK and the Client acknowledge that the Client will engage Bond Counsel and other legal service providers under separate contracts. MFSOK may rely on opinions and advice from legal representatives of the Client and will not be held responsible for any legal advice, directly or indirectly, rendered by the legal representatives. Neither MFSOK as Municipal Advisor nor its Municipal Advisor Representatives are licensed to engage in the practice of law and, consequently, will offer no legal advice. None of the fee for services under this Agreement relates to legal services. If such legal services are necessary, it shall be the responsibility of the Client to obtain them. MFSOK's services are limited to those specifically set forth herein. if. Compensation and Rebubursements A. New Issues and Refunding Issues. For services as Municipal Advisor to the Client, MFSOK shall be paid at the time of closing a fee calculated as follows: 1. For a batik loan or lease financing, 1.00% of par amount for each series of notes issued with a minimum fee of $30,000.00. 2. For a loan through the Oklahoma Water Resources Board, including the Clean Water Slate Revolving Fund (CWSRF), the Drinking Water State Revolving Fund (DWSRF), or the Financial Assistance Program (FAP), 1.00% of the original gross proceeds of lice loan with a minimum fee of $30,000.00. 3. For revenue bonds, 1.00% of par amount for each series of bonds issued, with a minimum fee of $40,000.00. B. Compensation for Continuing Disclosure Assistance WSOK will receive a fee annually of $3,500.00 for the services performed. C. Expenses for New Issues and Refunding Issues. MFSOK shall also be paid a fixed amount of $2,500.00 per transaction to cover expenses incurred as part of the transaction, provided that any filing, publication, recording orprinting costs orsimilar third -party costs required in connection with the Issue shall be paid directly by the Client. D. Payment and Contingency for New Issues and Refunding Issues. Payment for all fees and expenses shall be made at closing from proceeds of the Issue or from other available funds of the Client and shall be contingent upon closing of the Issue. E. Other Services Under Separate Agreement If requested by Client, MFSOK may provide other services including but not limited to: 1. Utility rate analysis. 2. Debt capacity analysis. 3. Cash defeasance or redemption services. J/L Term and Termination A. Term of Agreement. Unless terminated as provided herein, the terms of this Agreement shall be in place from the date approved by the Client until June 30, 3024. B. Termination of Agreement and Services This Agreement and all Municipal Advisor services to be rendered hereunder may be terminated at any time by written notice from either party, with or without cause, with at least thirty (30) days' notice. In that event, all finished and unfinished documents prepared for the Client, shall, at the option of Client, become its property and shall be delivered to it or any party it may designate, provided that MFSOK shall have no liability whatsoever for any subsequent use of such documents. 1K Successors and Assigns IvIFSOK may not assign its obligations under this Agreement without the written consent of Client except to a successor partnership or corporation to which all or substantially all of the assets and operations of MFSOK are transferred. Client may assign its rights and obligations under this Agreement to (but only to) any other public entity that incurs the loan. Client shall not otherwise assign its rights and obligations under this Agreement without written consent of MFSOK. All references to MFSOK and Client in this Agreement shall be deemed to refer to any successor of MFSOK and to any such assignee of Client and shall bind and inure to the benefit of such successor and assignee whether so expressed or not. K MunicipalAdvisor Registration and Acknomledzement Pursuant to Municipal Securities Rulemaking Board Rule (MSRB) O -10, on Investor and Municipal Advisory Client Education and Protection, Municipal Advisors are required to provide certain written information to their municipal advisory client and/or obligated person clients which include the following: Municipal Finance Services, Inc. is currently registered as a Municipal Advisor with the U.S. Securities and Exchange Commission (SEC) and the MSRB. Within the MSRB website at www.msrb.org. the Client may obtain the Municipal Advisory client brochure that is posted on the MSRB websi[e. The brochure describes the protections that may be provided by the MSRB Rules along with how to file a complaint with financial regulatory authorities. V/. Con ieroflirterestStatenrent As of the date of this agreement, MFSOK has performed a reasonable diligence to determine if there are any conflicts of interest that should be brought to the attention of the Client. During the diligence process, MFSOK has determined that no material conflict of interest has been identified, however, would like to provide the following disclosures: MFSOIC serves a wide variety of other clients that may from time to time have interests that could have a direct or indirect impact on the interests of another MFSOK client. For example, MFSOK serves as municipal advisor to other clients and, in such cases, owes a regulatory duty to such other clients just as it does to the Client. These other clients may, from time to time and depending on the specific circumstances, have competing interests. In acting in the interests of its various clients, MFSOK could potentially face a conflict of interest arising from these competing client interests. MFSOK fulfills its regulatory duty and mitigates such conflicts through dealing honestly and with the utmost good faith with its clients. The compensation arrangement included in Section JI includes a component that is based on the size and completion of a transaction. Consistent with certain regulatory requirements, MFSOK hereby discloses that such contingent and/or transactional compensation presents a conflict of interest regarding MFSOK's ability to provide unbiased advice to enter into such transaction. The contingent fee arrangement creates an incentive for MFSOK to recommend unnecessary financings or financings that are disadvantages to the client, or to advise client to increase the size of the issue. This viewed conflict of interest will not impairMFSOK's ability to render unbiased and competent advice or to fulfill its fiduciary duty. The fee paid to MFSOK increases the cost of borrowing to the Client. The increased cost occurs from compensating MFSOK for municipal advisory services provided. If MFSOK becomes aware of any other actual or potential conflict of interest not mentioned above during this agreement, MFSOIC will promptly provide the Client a supplement written disclosure with sufficient details of the change, if any, which will allow the Client to evaluate the situation. VM Lead Events and Discinlinarn Historn A regulatory disclosure action has been made on MFSOK's Fort MA and on Form MA -I for two of MFSOK's municipal advisory personnel relating to a 2017 U.S. Securities and Exchange Commission ( "SEC ") order. The details of which are available in Item 9; C (2), C (4), C (5) and the corresponding regulatory action DRP section on Fort MA and Item 6: C (2), C (4), C (5), C (6) and the corresponding regulatory action DRP section on Form MA -I for both Rick A. Smith and Jon Wolff. In addition, die Oklahoma Department of Securities adopted the above proceedings which are identified in Item 9; D (2), D (4) and the corresponding regulatory action DRP section on Form MA. The Client may electronically access MFSOK's most recent Form MA and each most recent Form MA- I filed with the Commission at the following website: atvivseauov /edenr /seareheduais'compmnvswch tool. There has been no change to any legal or disciplinary event that has been disclosed on MFSOK's SEC registration for MA filings since December 18, 2017. WR Rehiciary Dirhr MFSOK is registered as a Municipal Advisor with Elie SEC and MSRB. As such, MFSOK has a Fiduciary duty to the Client and must provide both a Duty of Care and a Duty of Loyalty that entails the following. Duty of Care. A. exercise due cafe in performing its municipal advisory activities; B. possess the degree of knowledge and expertise needed to provide the Client with informed advice; C. make a reasonable inquiry as to the facts that are relevant to tite Client's determination as to whether to proceed with a course of action orthat form the basis for any advice provided to the Client; and D. undertake a reasonable investigation to determine that MFSOK is not forming any recommendation on materially inaccurate or incomplete information; MFSOK must have a reasonable basis for: a. any advice provided to or on behalf of the Client; b. any representations made in a certificate that it signs that will be reasonably foreseeably relied upon by the Client, any other party involved in the municipal securities transaction or municipal finmmial product, or investors in the Client s securities; and C. any information provided to the Client or other parties involved in the municipal securities transaction in connection with the preparation of an official statement. Duty of Loyalty: MFSOK must deal honestly and with the utmost good faith with the Client and act in the Client's best interests without regard to the financial or other interests of MFSOK. MFSOK will eliminate orprovide full and fair disclosure (included herein) to Client about each material conflict of interest (as applicable). MFSOK will not engage in municipal advisory activities with the Client as a municipal entity, if it cannot manage or mitigate its conflicts in a manner that will permit it to act in the Client's best interests. As of the date of receipt of this attachment, MFSOK has performed a reasonable diligence to determine if there are any conflicts of interest that should be brought to the attention of the Client. A: Recommendations If MFSOK makes a recommendation of a municipal securities transaction or municipal financial product or if the review of a recommendation of another party is requested in writing by the Client and is within the scope of the engagement, MFSOK will determine, based on the information obtained through reasonable diligence of MFSOK whether a municipal securities transaction or municipal financial product is suitable for the Client. In addition, MFSOK will inform the Client of. A. the evaluation of the material risks, potential benefits, structure; and other characteristics of the recommendation; B. the basis upon which MFSOK reasonably believes that the recommended municipal securities transaction or municipal financial product is, or is trot, suitable for the Client; and C. whether MFSOK has investigated or considered other reasonably feasible alternatives to the recommendation that might also or allematively serve the Client's objectives. If the Client elects a course of action that is independent of or contrary to the advice provided by MFSOK, MFSOK is not required on that basis to disengage from the Client. X. Record Retention Pursuant to SEC and MSRB retention regulations, Municipal Finance Services, Inc. will maintain in writing, all communication and created documents between Municipal Finance Services, Inc. and the Client for six (G) years. Notfeer Any and all notices pertaining to this Agreement shall be sent by U.S. Postal Service, first class, postage prepaid to: MFSOK: Municipal Finance Services, Inc. Atm; Jon Wolff, President P.O. Box 747 Edmond, OK 73034 CLIENT: Owasso Public Works Authority Attn: Chairman 200 S Main Street Owasso, OIC 74055 Acceptance If there are any questions regarding the above, please do not hesitate to contact MFSOK If the foregoing terms meet with your approval, please indicate your acceptance by executing all original copies of this letter and keeping one copy for your file. By signing this agreement, the Client acknowledges the provisions set forth in the agreement and understands its respective rights, duties, and responsibilities. Furthermore, the Scope of Services contained herein have been reviewed and are hereby approved. Client d FSO have entered into this Agreement by the duly authorized representatives which was approved on 2023, at a meeting duly called and held in full compliance with the Oklahoma Open Meeting Act. MUNICIPAZFNCE 5ERVICES, INC. By: Jon Wolff, President OWASSO PUBLIC WORKS AUTHORITY By Chairman Vice Chair Alvin Fruga TO: The Honorable Mayor and City Council FROM: Chris Garrett, City Manager SUBJECT: Proposed Amended Agreement with the Owasso Chamber of Commerce DATE: May 17, 2024 BACKGROUND: During the March 2024 Worksession meeting, the City Council discussed renewing a contractual agreement with the Owasso Chamber of Commerce to provide professional services to execute the City's Economic Development Strategic Plan in exchange for a fee. At the March 19, 2024 meeting, City Council approved an amendment to the current agreement that extended the contract term through the end of June 2024, in order to allow City Council time to discuss additional changes to enhance the partnership going forward. During the May 7, 2024 meeting, amendments to the agreement were discussed. One additional change has since been included in the proposed agreement for the next fiscal year. PROPOSED AGREEMENT: Attached is the proposed amended agreement for City Council to consider. The proposed agreement contains changes offered by Councilors prior to and during the May 7, 2024 meeting. The change requested during the May 7, 2024 meeting is identified using underlining and strike throughs. ATTACHMENT: Proposed Agreement with Changes This draft document contains suggested edits submitted by Owasso City Councilors for consideration and discussion This AGREEMENT FOR ECONOMIC DEVELOPMENT PARTNERSHIP (hereafter "Agreement") is made and entered into this day of , 2024, by and between the CITY OF OWASSO, OKLAHOMA, a municipal corporation ( "City" or "City of Owasso'), and the OWASSO CHAMBER OF COMMERCE ( "Chamber "), a non - profit business organization incorporated under the laws of the State of Oklahoma, with its principle office within the limits of the City of Owasso, Oklahoma. AGREEMENT PREAMBLE WHEREAS, the City of Owasso and its citizens benefit from the existence of retail business, industry, commerce, and the positive impact on the economy of the City and its citizens; and, WHEREAS, the preservation and expansion of existing industry, commerce and businesses is in the best interest of the economic well -being of the City of Owasso, its business community, and its citizens; and, WHEREAS, workforce education and development; support of all local businesses; and legislative advocacy efforts serve to enhance the business and economic development environment of Owasso; and, WHEREAS, the attraction of new industry, commerce and businesses is important to the economic well -being and economic development of the City of Owasso and its citizens; and, WHEREAS, the economic well -being of the City of Owasso is essential to increase the revenue of the City of Owasso for the benefit of its citizens; and, WHEREAS, the preservation and stimulation of economic development is a proper public purpose for which public funds may be expended to promote the general health, safety and welfare of the citizens of the City of Owasso; and, WHEREAS, the Owasso Chamber of Commerce is a non - profit organization of Owasso businesses, people, and concerned citizens of Owasso, working cooperatively to promote an environment that attracts, creates, and enhances business and economic growth and development for the City of Owasso and its citizens; and, WHEREAS, both the City of Owasso and Chamber recognize the opportunity for a consolidated, pro- active approach to promote economic development in the City of Owasso; and, WHEREAS, the City is desirous of contracting with the Chamber to promote and execute the City of Owasso's Economic Development Strategic Plan to create enhanced value and opportunity for the City and its citizens. NOW, THEREFORE, in consideration of the covenants and mutual promises stated in this Agreement, and in furtherance of the above recitals, the City and Chamber agree as follows: TERMS OF THE AGREEMENT 1. VALID CONSIDERATION. The City contracts with Chamber to perform certain economic development services for the benefit of the City, and the Chamber accepts such engagement, pursuant to the Terms of the Agreement. Both the City and Chamber acknowledge and agree that mutual valid consideration is provided by each party to the other under this Agreement. The Economic Strategic Plan is owned, implemented, and funded by the City of Owasso. All revisions to the plan shall be undertaken by the City of Owasso. 2. SCOPE OF SERVICES. The scope of services to be provided by the Chamber under this Agreement includes, but is not limited to, the following: A. Partnering with the City to make the most efficient use of the City and Chamber's combined economic development resources and abilities; B. Executing the City of Owasso's Economic Development Strategic Plan to strengthen Owasso's value proposition, grow and recruit businesses to Owasso, and to market Owasso to promote, stimulate, and encourage the growth and development of the retail, commercial and industrial resources within the City of Owasso; C. Regularly reviewing and recommending updates to the City of Owasso's Economic Development Strategic Plan for comprehensive economic development within and near City of Owasso fence -line; D. Developing plans, when necessary, to help preserve jobs for the citizens of Owasso, and to promote and create new jobs and new employment opportunities; E. Promoting advocacy by providing education and information about issues, policy, and legislation affecting the City of Owasso; F. Expanding the economic base of Owasso by seeking diversification of employment opportunities; G. Encouraging and assisting existing industry to maintain or expand employment opportunities; H. Implementing an aggressive marketing program, as funds permit, to attract new investment to Owasso; I. Providing marketing materials as appropriate, commensurate with funding, to those individuals and entities evaluating Owasso for future and further investment and resulting economic impact; J. Developing, programming, coordinating, and hosting Owasso's annual Economic Summit; K. Administering the Redbud District website and coordinating marketing and development efforts within the Redbud District; L. Performing such other economic development duties as are necessary to the benefit of Owasso and the market area. 3. PROPER STAFFING. The Chamber shall provide all necessary administrative support to carry out the duties set forth in above Paragraph 2 and its sub -parts, including but not limited to adequate staff, office space, and equipment within the context of its funding and budget. 4. FULL -TIME ECONOMIC DEVELOPER. The Chamber shall designate a qualified staff member to promote and execute the City of Owasso's Economic Development Strategic Plan, no later than September 30, 2024. 5. SEPARATE ENTITY ACKNOWLEDGEMENT. The City and Chamber acknowledge that the Chamber is its own separate legal entity which operates independently, and is governed by its own Board of Directors and corporate by -laws. The Chamber is not an extension or advisory board of the City of Owasso, and it is expressly understood and agreed that in the performance of its duties under this Agreement, the Chamber is acting as an independent contractor of the City, and not as an agent of the City. 6. COMPENSATION FOR SERVICES. In exchange for the economic development services provided under this Agreement by the Chamber, the City agrees to compensate and provide the Chamber as follows: A. The City shall pay the Chamber an annual amount of Two Hundred Thirty Thousand Dollars ($230,000), payable monthly in equal 1/12 installments, dependent upon the continued employment of Chelsea Levo Feary as the President -Chief Executive Officer of the Chamber. If, for any reason, Chelsea Levo Feary ceases to hold this position with the Chamber prior to the expiration of the one -year term of this Agreement, this Agreement shall immediately terminate. Notwithstanding the above, the City shall pay the monthly amount described herein for a full two (2) month period following any such termination. In addition, the City and Chamber may enter into a new agreement subsequent to the hiring of a new Chamber President -Chief Executive Officer, if both parties are desirous of continuing the contractual relationship contemplated in the Agreement. 3 B. It is understood that prospects for commercial or industrial development projects may request information of the Chamber about development guidelines or possible incentives. The Chamber will accommodate all such requests by directing potential developers /investors to the appropriate City of Owasso contacts and /or will guide all such prospects to file application for any incentives through the City's incentive application process. The Chamber may use its own cash reserve balance to provide incentives with no direction from the Owasso City Council. C. The City and Chamber may consider jointly participating together in the pursuit and funding of economic development infrastructure grants and developments, at the discretion of Chamber and the City. For grants in which the allocated funding is limited to design or engineering costs, the Chamber shall bear sole responsibility for any matching portion required under the terms of the grant and shall receive the full amount of the grant. D. The Chamber shall be responsible for providing requested information or documentation regarding any grant or incentive involving the City. E. The City may allow the Chamber to use available City Hall space, when necessary and available, to host meetings or gatherings in furtherance of the Chamber's economic development efforts on behalf of Owasso and its citizens. F. As additional compensation, the City will I. lease the building currently leased by the Chamber, at the below market rate of Six Hundred Fifty -Eight Dollars and Thirty -Three Cents ($658.33) per month, and, 2. financially contribute (in lieu of Chamber membership dues) towards the City and Chamber's joint participation in the Tulsa Home and Garden Show in the amount of $1,500.00, if the Chamber chooses to participate. 7. FINANCIAL DISCLOSURE. The Chamber shall continue to be solely responsible for the maintenance of its full books of accounts with correct entries of all expenditures in the administration of this Agreement and its normal business operations. The Chamber's books of accounts shall remain the property of the Chamber. A. The Chamber shall continue its practice of engaging an independent accountant to perform an annual financial audit and prepare a written report of the same, which report shall be open to the inspection of the City upon reasonable notice. B. In addition, included with the annual report to the City Council, the Chamber shall provide a written summary of the audit for aspects that pertain to the use of funds provided by the City. Such summary shall include an itemized expense report showing use of all funds provided by the City. 0 8. STATUS UPDATES. The Chamber shall provide monthly updates to the City Manager or his/her designee and quarterly presentations to the Owasso Economic Development Authority regarding economic development activities and the Chamber's progress in meeting the goals and objectives identified in Paragraph 2 of this Agreement. The Chamber shall make an annual presentation to the City Council. The Chamber may also be called upon and will make additional presentation(s) to the City Council, only if deemed necessary by the City Manager. The Chamber will submit a written status report, monthly, to the council that includes the following: A. Current Economic Development projects (not protected under a non - disclosure agreement) B. New Economic Development Prospects or projects (not protected under a non- disclosure agreement) C. Specific recruiting efforts performed by the Chamber, including businesses or industries that have been contacted or visited. D. Number of businesses who have specifically contacted the Chamber for possible development in Owasso 9. ANNUAL WRITTEN REPORT. By no later than September 30, 2024, the Chamber shall furnish an annual detailed written report ( "Annual Report") to the City which states accurately the progress made in implementing the goals and objectives outlined under this Agreement. The Chamber shall present the Annual Report to the City Council, and be prepared to discuss the Report with the City Council, to explain the Chamber's economic development activities under this Agreement. The Annual Report shall detail all actions taken by the Chamber in the process of executing the City of Owasso's Economic Development Strategic Plan (broken down by strategic initiative and supporting tactics), and shall demonstrate how each action identified by the Chamber met the intent of the plan to improve the City's economic development position. 10. HOLD HARMLESS. The Chamber assumes full and complete liability for the actions of its officers, employees, and agents, and agrees to hold the City harmless from any claim for damages resulting from the actions of Chamber, its officers, employees, and agents. 11. CHAMBER BOARD OF DIRECTORS. The Mayor of the City shall appoint hiniself-er hersel a member of the City Council of the City, to serve as a non- votine member of the Board of Directors of the Chamber for a term comprising the length of this Agreement. The City Manager of the City shall continue to serve as a lien- voting, ex- officio member of the Board of Directors of the Chamber, in a representative capacity on behalf of the City and the Owasso Economic Development Authority. The nisi shall not east a ,et.. but shall serve ___ advisery n eity and a full t (1_p�J Pte. _, but .. -..- -. ». -v -J ��j.v��..) �» .... v av � Y.0 r�var w.�� �a� �_ifFard diseussiens. 5 12. LEGAL COMPLIANCE. The Chamber agrees to take any steps necessary to amend its by -laws, if necessary, to comply with its duties and obligations under this Agreement. The City enters into this Agreement under authority of OKLA. STAT. tit. 11, §22 -101. 13. TERM. The term of this Agreement is for one year ( "Agreement Term "). The contract for this term shall become effective on July 1, 2024 thru June 30, 2025. At least 90 days prior to the expiration of the Agreement Term, designated representatives of the City and Chamber shall meet and confer regarding the desirability of entering into a new one -year agreement, and, if necessary, will review and consider any proposed or necessary substantive changes to effectuate the official consideration and adoption of a new one- year agreement in a timely fashion. 14. AMENDMENTS. The Agreement may be amended from time to time by the mutual agreement of the City and Chamber, in writing. Any amendment shall become effective when approved and executed by the governing bodies of the City and Chamber. 15. OFFICIAL NOTICE. Written notices required or authorized by this Agreement shall be deemed properly given or served on the City if mailed via certified mail, return receipt requested, to the City at the following address, City of Owasso, ATTN: City Manager, 200 South Main Street, Owasso, OK 74055, and to the Chamber at the following address, Owasso Chamber of Commerce, ATTN: Chamber President, 315 South Cedar Street, Owasso, OK 74055. 16. NON - DISCRIMINATION. The City and Chamber covenant and agree that (1) no person on the ground of race, color, sex, religion, national origin, age (40 +), or disability shall be excluded from participation in, denied the benefit of, or otherwise be subjected to discrimination under the terms of this Agreement; and (2) that in carrying out the terms and conditions of this Agreement, no person shall be subjected to discrimination on the basis of their inclusion in one of the aforementioned classes protected under federal law. 17. LEGAL COMPLIANCE. The Chamber agrees to conduct its business under this Agreement in compliance with federal, state, or local laws, ordinances, or regulations applicable to the conduct of its operations under the terms of this Agreement. 18. CONTRACT INTERPRETATION. The City and Chamber acknowledge that they have mutually participated in drafting this Agreement; have reviewed the terms of this Agreement with their respective legal counsel; and, accordingly, agree that the rule of contract interpretation (that contracts shall be construed against the drafter) does not and shall not apply in the event of any dispute requiring the interpretation and enforcement of this Agreement. 19. SURVIVAL CLAUSE. In the event any provision or portion of a provision of this Agreement is found by a court of competent jurisdiction to be void, voidable, or for any reason unenforceable, the City and Chamber agree that the remaining portions shall remain in full force and effect. 0 20. MULTIPLE SIGNATURE PAGES. This Agreement may be executed in duplicate counterparts, each of which shall be deemed an original. 21. CHOICE OF LAW AND VENUE. This Agreement is governed by the laws of the State of Oklahoma. The City and Chamber agree that jurisdiction and venue for any dispute between the parties or arising under this Agreement shall be exclusively in the state or federal courts serving Tulsa County, Oklahoma. 22. NON - ASSIGNABILITY. This Agreement is non - assignable. IT IS THEREFORE AGREED TO AND ENTERED THIS day of May, 2024. Alvin Fruga, Mayor Chamber President, Chelsea Feary ATTEST: Juliann M. Stevens, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney 7 TO: The Honorable Mayor and City Council FROM: Carly Novozinsky, Finance Director SUBJECT: Energy Efficiency and Conservation Block Grant (EECBG) Program DATE: May 17, 2024 BACKGROUND: The Energy Efficiency and Conservation Block Grant (EECBG) Program is a grant program administered through the Department of Energy. The Program is designed to assist states, local governments, and Tribes in implementing strategies to reduce energy use, to reduce fossil fuel emissions, and to improve overall energy efficiency. In April 2024, the City of Owasso was awarded $76,270 in grant funding to replace the aging HVAC systems of four City -owned buildings: Fire Station #3, the Vehicle Maintenance Shop, the Owasso Historical Museum, and Old Central. The new HVAC units will improve energy efficiency, while also reducing electric and maintenance costs to the City. To fully fund the replacement of the four HVAC systems, the City will need to contribute $9,450. Funding for the City's share is available in the Building Maintenance Department's fiscal year 2023 -2024 Budget. RECOMMENDATION: Staff recommends acceptance of the Energy Efficiency and Conservation Block Grant and approval of a budget amendment in the General Fund, increasing estimated revenues and the appropriation for expenditures in the Building Maintenance Department by $76,270, and authorization to execute all necessary documents. TO: The Honorable Mayor and City Council FROM: Alexa Beemer, AICP, Planning Manager SUBJECT: Resolution 2024 -04: Transportation Alternatives Set -Aside Grant (ODOT TA 2024) DATE: May 17, 2024 BACKGROUND: The Transportation Alternatives (TA) Set -Aside Grant is a Federal Highway Administration (FHWA) grant administered by the Oklahoma Department of Transportation (ODOT). This grant provides "funding for a variety of transportation projects that prioritize safety, comfort, and connectivity to destinations for all people who use the street network," with an emphasis on projects that serve vulnerable populations, prioritize alternative transportation methods like pedestrian and bicycle infrastructure, provide safe routes to schools, preserve historically- significant transportation infrastructure, or assist in environmental mitigation and vegetation management activities. The City of Owasso, for the 2024 TA Grant cycle, is choosing to focus on projects that would help strengthen the City's pedestrian infrastructure grid. ANTICIPATED FUNDING: In February 2024, the Indian Nation Council of Governments (INCOG) provided information regarding the 2024 ODOT TA Grant application. City staff worked on the required "Call for Projects" form and submitted it to ODOT prior to the deadline on April 30, 2024. The full "TA Application Form" was made available to local governments on May 1, 2024, and must be completed and submitted no later than May 31, 2024, in order for funding requests to be considered during this grant application cycle. As this is a FHWA grant, each state is apportioned a certain amount of money that their respective Departments of Transportation can allocate to county, local, and Tribal governments as they see fit, via a competitive application process. For the 2024 funding cycle, the State of Oklahoma was apportioned a total of $22,314,802 in TA Grant funding from the Federal government. ODOT has set aside $2,288,847 for entities representing areas with a population of more than 5,000 people but less than 50,000 people. ODOT has also set aside an additional $9,149,069 for all areas within the state, regardless of their populations. The City of Owasso anticipates applying for funding in the two aforementioned categories; this grant is competitive in nature, so there is no guarantee that the City's proposed projects will be funded, even if an application is submitted to ODOT. The grant does require a local match of at least twenty- percent (20 %) of the total project cost. Staff anticipates this match funding being available in the Half -Penny Fund, also known as Fund 39. This Fund serves to supplement the Streets Division Budget. PROPOSED 2024 PROJECTS: The funding provided by this ODOT TA Grant, if awarded, is proposed to be used to engage in a major sidewalk connectivity initiative whereby current gaps in the City's pedestrian network may be filled. The City of Owasso proposes to construct the standard ten foot (10') wide multi- use -trail sidewalks seen elsewhere within the City where complete streets have been constructed, and a number of four foot (4') wide sidewalks in selected neighborhoods. Specifically, the City is proposing to construct a total of six (6) new sidewalk segments, for a total of 8,230 linear feet of new sidewalk. Said proposed sidewalks would provide an increase in the total amount of safe travel routes seen within the City for pedestrian and bicyclists, specifically. Further, this proposed sidewalk connectivity initiative is anticipated to benefit pedestrians in Owasso by helping to connect a number of existing 2024 ODOT TA Application and Grant Page 2 of 2 neighborhoods with adjacent services and points of interest- to include adjacent schools, parks, and commercial areas where daily needs of residents may be met. The six (6) proposed sidewalk segments that the City of Owasso is seeking funding for, in order of highest priority to lowest, are as follows: 1. North side of East 76th Street North, running west from the service road (North Owasso Expressway) to approximately South Cedar Street (750 linear feet [LF] x 5' wide) 2. West side of North 102nd East Avenue, running north from East 96th Street North to East 97th Street North (410 LF, 4' wide) 3. East side of the service road (North Owasso Expressway), running north from East 861h Street North to East 90th Street North (2,420 LF, 5' wide) 4. North side of East 77th Place North, running east from North 123rd East Avenue for approximately (800LF, 4' wide) 5. East side of North 129th East Avenue, running north from the northeastern corner of East 116th Street North and North 129th East Avenue (approximately 300 LF, 10' wide) and (150 LF, 5' wide) 6. West side of North 97th East Avenue (Mingo Road), running north from the PSO substation to East 89th Street North and continuing along the north and south sides of East 89th Street North until the eastern -most entrance to the Bailey Golf Course (3,400LF, 4' wide) The City of Owasso is anticipating asking for a total of $ 1,200,000.00 in TA Grant funding from ODOT for the above - mentioned sidewalk segments. The total anticipated cost of all six proposed sidewalk projects is $1,866,472.52. The City would supplement the TA funds, if awarded, with an additional expenditure of $666,472.52 from the Half -Penny Fund; this amount would exceed the required 20% funding match. ODOT is anticipating announcing final project selections and grant awards by November of 2024. Should Owasso's sidewalk initiative project(s) be funded, in whole or in part, all ODOT TA funds must be spent within three (3) years of award. ODOT advises entities to anticipate twenty -four (24) to thirty - six (36) months between funding awards to the completion of construction. RECOMMENDATION: Staff recommends approval of Resolution 2024 -04, authorizing the submittal of an application identifying the aforementioned six (6) proposed sidewalk segments as the City's preferred projects for the 2024 funding cycle, and authorization to execute all related documents necessary to fulfill the program grant requirements. ATTACHMENTS: Resolution 2024 -04 Maps - ODOT TA Grant 24, Potential Project Locations Budget Summary Table CITY OF OWASSO, OKLAHOMA RESOLUTION 2024 -04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, DECLARING THE ELIGIBILITY OF THE CITY OF OWASSO TO SUBMIT AN APPLICATION TO THE OKLAHOMA DEPARTMENT OF TRANSPORTATION FOR USE OF TRANSPORTATION ALTERNATIVES PROGRAM FUNDS FOR A SIDEWALKS CONNECTIVITY PROJECT IN OWASSO, OKLAHOMA AND AUTHORIZING THE EXECUTION OF ALL NECESSARY DOCUMENTS IN ORDER TO FULFILL GRANT REQUIREMENTS WHEREAS, the City of Owasso, Oklahoma, is submitting an application to the Oklahoma Department of Transportation for transportation alternatives program funds in the amount of $1,200,000.00 set forth by Infrastructure Investment and Jobs Act (IIJA) and as outlined in ODOT's transportation alternatives program guidance & application packet for 2024; and, WHEREAS, the City of Owasso, Oklahoma, is participating as an eligible project sponsor in the Oklahoma Department of Transportation's transportation alternatives program set forth by IIJA; and, WHEREAS, federal monies are available under a transportation alternatives program set forth by IIJA, administered by the State of Oklahoma, Department of Transportation, for the purpose of creating and promoting the planning and development of active transportation facilities and programs in Oklahoma; and, WHEREAS, the City of Owasso Oklahoma, acknowledges availability of the required local match of no less than 20 %; and, WHEREAS, after appropriate public input and due consideration, the City Council of the City of Owasso Oklahoma, has recommended that an application be submitted to the State of Oklahoma for a sidewalk connectivity project. NOW, THERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, that, to -wit: Section 1. That the City of Owasso Oklahoma, does hereby authorize the City Manager, or designee, to submit an application to the Oklahoma Department of Transportation for transportation alternatives program funds set forth by IIJA on behalf of the citizens of the City of Owasso, Oklahoma. Section 2. That the City of Owasso, Oklahoma, hereby assures the Oklahoma Department of Transportation that sufficient funding for the sidewalk connectivity project is available. Section 3. That the City of Owasso, Oklahoma, hereby assures the Oklahoma Department of Transportation that sufficient funding for the operation and maintenance of the sidewalk connectivity project will be available for the life of the project. Section 4. That the City of Owasso, Oklahoma, hereby assures the Oklahoma Department of Transportation that the City of Owasso, Oklahoma, will have title or permanent easement to all portions of the sidewalk connectivity project by the time of project letting, if necessary. Resolution 2024-04 Page 1 Section 5. That the chief project sponsor of the City of Owasso, Oklahoma, is authorized to sign the application to the Oklahoma Department of Transportation for transportation alternatives program funds set forth by IIJA on behalf of the citizens of the City of Owasso, Oklahoma. The chief project sponsor is also authorized to submit additional information and execute all necessary documents as may be required to fulfill the requirements of said program and act as the official representative of the City of Owasso in this and subsequent related activities. PASSED AND APPROVED this day of , 2024. Alvin Fruga, Mayor ATTEST: Juliann M. Stevens, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney Resolution 2024-04 Page 2 Bid Proposal for 2024 TAP GRANT City of Owasso COOT OWASSO SHARE SHARE Item Description Unit quantity Unit Cost Total Cast $ 0.80 $ 0.20 1 MOBILIZATION LS 0.80 $ 20,000.00 $ 16,000.00 $ 12,800.00 $ 3,200.00 2 EARTHWORK CY 5,614.07 $ 15.00 $ 84,211.11 $ 67,368.89 $ 16,842.22 3 R &R CONCRETE DRIVEWAY APPROACH SY 390.00 $ 150.00 $ 58,500.00 $ 46,800.00 $ 11,700.00 4 4" CONCRETE SIDEWALK SY 8,254.44 $ 125.00 $ 1,031,805.56 $ 825,444.44 $ 206,361,11 5 6" CONCRETE SIDEWALK (10'WIDE SIDEWALKS ONLY) SY 166.67 $ 145.00 $ 24,166.67 $ 19,333.33 $ 4,833.33 6 6" CURB LF 500.00 $ 32.00 $ 16,000.00 $ 12,800.00 $ 3,200.00 7 HANDICAP RAMP EA 49.00 $ 1,500.00 $ 73,500,00 $ 58,800.00 $ 14,700.00 8 TACTILE WARNING DEVICE EA 49.00 $ 75.00 $ 3,675.00 $ 2,940.00 $ 735.00 9 SOLID SLAB SOD SY 9,144.44 $ 8.00 $ 73,155.56 $ 58,524.44 $ 14,631.11 10 ADJUST WATER VALVES EA 7.00 $ 500.00 $ 3,500.00 $ 2,800.00 $ 700.00 11 ADJUST WATER METERS EA 2.00 $ 500.00 $ 1,000.00 $ 800.00 $ 200.00 12 ADJUST MANHOLES EA 2.00 $ 2,500.00 $ 5,000.00 $ 4,000.00 $ 1,0D0.00 13 ADJUST STORM GRATES EA 5.00 $ 2,500.00 $ 12,500.00 $ 10,000.00 $ 2,500.00 14 FLOWABLE FILL(CLSM) CY 52.00 $ 200.00 $ 10,400.00 $ 8,320.00 $ 2,080.00 15 TRAFFIC CONTROL LF 8,230.00 $ 1.25 $ 10,287.50 $ 8,230.00 $ 2,057.50 16 EXTEND BOX FOR SIDEWALK EA 0.00 $ 50,000.00 $ - $ $ 17 RECONSTRUCT HEADWALL EA 0.00 $ 50,000.00 $ - $ - $ _ SUBTOTAL $ 1,423,70L39 $ 1,138,961.11 $ 284,740.28 18 CONTINGENCIES $ 213,555.21 $ 213,555.21 $ 61,038.89 $ 152,516.32 CONSTRUCTION TOTAL 1,637,256.60 $ 1,200,000.00 $ 437,256.60 ENGINEERING(8 %( $ 130,980.53 $ 130,980.53 CONSTRUCTION REPRESENTATION (6 %) $ 98,235.40 $ - $ 98,235.40 PROJECTCOST $ 1,866,472.52 $ 1,200,000.00 $ 666,472.52 TO: The Honorable Mayor and City Council FROM: Alexa Beemer, AICP, Planning Manager SUBJECT: Final Plat — JDH Properties DATE: May 17, 2024 BACKGROUND: The Community Development Department received an application for review and approval of a final plat for JDH Properties, a proposed mixed -use commercial subdivision. The subject property is located west of the northwestern corner of the intersection of East 116th Street North and North Garnett Road. SUBJECT PROPERTY /PROJECT DATA: Property Size 4.588 acres +/- Current Zoning Commercial General (CG) Present Use Childcare Facility / Vacant Proposed Use Childcare Facility / Mini - Storage / Commercial Lots /Blocks 2 Lots /l Block Land Use Master Plan Commercial Within a Planned Unit Development (PUD)? Yes; OPUD 23 -07 Within an Overlay District? No Water Provider City of Owasso Applicable Paybacks Assessed at Plottin Storm Siren Fee ($50.00 per acre) ANALYSIS: • The subject property was annexed into Owasso City Limits with Ordinance 259 in 1979. • This is a two (2) lot, one (1) block final plat for a mixed -use commercial development. • Lot 1 will contain an existing childcare facility. • Lot 2 will contain a proposed mini - storage and general commercial development. • The proposed lots as depicted on this plat meet the bulk and area requirements stipulated in both the Owasso Zoning Code for CG -zoned property and the OPUD 23 -07 document. • The Preliminary Plat for this subject property will be reviewed by the Owasso Planning Commission on May 13, 2024. o There will be one (1) point of access for this subdivision, off of East 1161h Street North. This access point currently exists and services the existing childcare facility on the subject property. • This access point does meet the separation requirements outlined in the Owasso Zoning Code. • Detention and drainage will be provided for via an existing storm drainage easement running along the southwestern edge of the subject property. Said stormwater infrastructure has already been constructed. • Perimeter and interior utility easements are shown on the plat, allowing utility companies adequate access to service the subdivision. Final Plat - JDH Properties 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 Residential Single- Family Residential Residential City of Owasso RS -3 South Commercial Shopping Vacant Commercial City of Owasso East Residential Single - Family Residential / Commercial City of Owasso / (RS -3) Vacant Tulsa County West Residential Single - Family Residential Residential City of Owasso (RS -3) PLANNING COMMISSION: The Owasso Planning Commission voted 5 -0 to recommend approval of this item at their regular meeting on May 13, 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 for JDH Properties. ATTACHMENTS: Aerial Map Final Plat - JDH Properties OWNER 7OH Pmpeoies, LLC P.O. tbs M7 0.ouo, M 7409 (918) 9 111117 ENGWEER Rome fib Engk¢aing, LLC 38 xwa Mote- St Sapulpa, Oxulnno 74W7 Pnma: (919) 241-1179 a w K. 99 Esp. 0olue Juno W. Mn SURVEYOR Benchmark SuTy�ng& Lund Services, rxe. P.O. W. 1078 0.omP, 011out 7495 PMT. (9187 374 -9091 GA80 329 E.p, Oats Juno A 3024 Legal OesalpOOn s "u Wss. lL.l Y scan 9 On Y r.m irr -s.. (bl swi m + Mr. o bs) sal Y xs � x. +. t roa'+r seer n oneµ 1 raw: rnm AAA, �iw om At W W. a -sun n nsn ur¢ ° �nMSe• x Wan uN a ur Psa4 M�� -ar Y sa, liiu fuM uwk nwx s pYx`n Ws W fqn -eF.rr . +�� el uaw r 1 °r tno .rYie Wameeryn 0�0a.¢rain W xe°°t aptx �u .. W Y n.� m °. w w° eas m ¢axw ieuw aW erZ xw. sou nor %stun FINAL PLAT of JDH Properties loxwaar r4wn= wEn[ii mr nuivaLLra�uxti (1 us awr ME z- uulwx 91Bnht9W MMix att Cf aYA�. My ¢Vxtt. UAM w a uoo N R'- wYf1�B5 B I t a� 0 B_� ot At Usm wl Sac, B. T -2M1 A R-44 -E /�tv FS ex Y JDH PROPER -MS 12 m: M �rx. on, -..x E"t near xul mfuru�mxr ,s.� f0, • IP.- R 14 E Af E lzeaxx T e E 21 At S N E flea Sl M SI° �Owoa.tion Mao P m ar u.aaa"uwi � ooc° xnn r•ep Ww r W .fypar[ AT M M.f Y m.4mFNIT m[ IEI.L /IDEl¢a a¢ 9n[eT qry �KK ¢ Pa6 W� x qaS 6 T`o 0.r- rl¢- Rx -n-G LLul raw n� —no w zw[rs�noto rom4� .Ol�i xa: Pn® wrt O�CIR9 S IIW. JOH P�opertles Apr 35, 3034 ¢nee eA • � sIDw� u2 0A . w.u.¢ [n9iwr �A: ¢ ¢�wpara�'oav .A • u uAu to.. . x/s • iewr -sloe no., .A- mn rarar .m+Pw awrws v LLrs. i aa¢ amxam on. . .ea mm w . Tee ra-w M =for o or uV L—.Yr .. T w r w�a r a w To To PLAT a¢ Furf JOH P�opertles Apr 35, 3034 ¢nee FINAL PLAT of JDH Properties TO: The Honorable Mayor and City Council FROM: Wendy Kramer, City Planner SUBJECT: Final Plat - Fairway Villas DATE: May 17, 2024 BACKGROUND: The Community Development Department received an application for review and approval of a Final Plat for Fairway Villas, a proposed single - family residential subdivision. The subject property is located at the southeast corner of the intersection of North 971h East Avenue (North Mingo Road) and East 89th Street North (Larkin Bailey Boulevard). SUBJECT PROPERTY /PROJECT DATA: Property Size 7.76 acres +/- Land Use Master Plan Transitional Current Zoning Residential Neighborhood Mixed (RNX) Proposed Use Single-Family Community Lots /Blocks 37 Lots /6 Blocks Within a Planned Unit Develop ment PUD . Yes; OPUD -9 Within an Overlay District? No Water Provider City of Owasso Streets Will be privately maintained Applicable Paybacks Assessed at Platting) Storm Siren Fee ($50.00 per acre) ANALYSIS: • The subject property was annexed into Owasso City Limits with Ordinance 425 in 1990. The Preliminary Plat for this property was approved by the Owasso Planning Commission in January of 2024. The proposed Final Plat for Fairway Villas consists of thirty -seven (37) Lots on six (6) blocks on approximately 7.76 acres, yielding a gross density of 4.77 dwelling units per acre (DU /AC). • The proposed lot as depicted on this Plat meets the bulk and area requirements stipulated in the Owasso Zoning Code for RNX -zoned property, the OPUD -9 document and the 2023 Minor Amendment to OPUD -9. • A Minor Amendment for OPUD -9 was issued on November 9, 2023, to adjust the minimum lot frontage and the minimum depth of the required rear yards. The PUD Minor Amendment is attached to this memo. • There will be two (2) points of access for this subdivision, off of East 89th Street North (Larkin Bailey Boulevard). o The plat also depicts two (2) dead -end roads - East 88th Place North on the west end of the subject property and North 98th East Avenue on the north end. The applicant has clarified to staff that these streets will not connect through to North 97th East Avenue Final Plat- Fairway Villas Page 2 (North Mingo Road) or East 89th Street North (Larkin Bailey Boulevard) in these locations and will remain dead -ends. The Plat depicts three (3) Reserve Areas, denoted as "A ", "B ", and "C ". • Reserve Area A will function as open space, near the center of the subject property, and will also encompass all the private streets for the development and any neighborhood signage around N 101st E Ave and E 88th ST N. • Detention will be provided via the detention pond which will be constructed within Reserve Area B, as shown on the plat. • Reserve Area C will contain existing entry fencing / signage that serves the larger OPUD 9 development. Perimeter and interior utility easements are shown on the Plat allowing utility companies adequate access to service the subdivision. • 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 Residential Single - Family Residential Residential City of Owasso RS -3 Subdivision Public Facilities (PF)/ PSO Substation/ Public/ South Residential Multi - Family Apartment Institutional/ Tulsa County/ RM Complex Transitional City of Owasso East Public Facilities (PF) Golf Course Parks/ City of Owasso Recreation West Agriculture (AG) Single- Family Transitional Tulsa County Residences PLANNING COMMISSION: The Owasso Planning Commission voted 5 -0 to recommend approval of this item at their regular meeting on May 13, 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 - Fairway Villas OPUD Minor Amendment - November 9, 2023 Aerial Map Final Plat- Fairway Villas Subject Tract FINAL PLAT of FAIRWAY VILLAS A Subdivision of the Southwest Quarter (SW/4), Section Nineteen (19), Township Twenty-One (21) NOrth Range Fourteen (14) East of the Indian Meridian, City of Owasso, Tulsa County, Oklahoma FINAL PLAT of FAIRWAY VILLAS FROM: Brian Dempster Community Development Director SUBJECT: PUD Minor Amendment— OPUD 9 (Bailey Ranch- Fairway Villas) DATE: November 9, 2023 BACKGROUND: The Community Development Department received a request for a minor amendment to OPUD 9 (Bailey Ranch). OPUD 9 was approved by City Council in 1991, under Ordinance #429. The subject property involved in this minor amendment request comprises a portion of the original larger PUD. The subject property was rezoned to Residential Neighborhood Mixed (RNX) in 2018, under Ordinance # 1127. There was also a previous minor amendment to OPUD 9, approved in 2018, that permitted a senior housing development on the subject property. Since OPUD 9 and the previous minor amendment were approved, the property owner has decided to shift away from a senior housing development and instead would like to construct a patio home development. Such a use would be allowed under both the RNX base zoning and under the original OPUD 9 document. Per Section 4.5.2 of the Owasso Zoning Code, RNX -zoned properties are required to have a minimum rear yard of twenty (20) feet. The Owasso Zoning Codes does not prescribe a minimum lot frontage requirement for RNX -zoned properties. The applicant has requested a minor amendment to reduce the minimum lot frontage for RNX -zoned property to forty (40) feet and to reduce the rear setback to fifteen (15) feet, with additional allowances as detailed below. Given this request does not add any new uses, does not add additional density in excess of ten percent (107.), does not alter the original intent of the approved PUD, and is not detrimental to adjoining properties, staff supports and approves the minor amendment request. All other provisions of the PUD shall remain in effect as previously approved under Ordinance #429. REQUEST: Minimum lot frontage (RNX - zoned property) Minimum Rear Yard Oriainal PUD 50 feet (at building line) 20 feet PUD Amendment 40 feet (at building line) 15 feet* (for all lots with rear yards not abutting a Reserve Area**) * Eaves of attached covered patios may encroach into the required rear yard by up to S feet **The required rear yard may be 0 feet for lots with a rear yard that abuts a Reserve Area ACTION: The request to reduce the minimum lot frontage for CS -zoned properly from one hundred and twenty -five (125) feet to one hundred and fifteen (115) feet for the proposed development is hereby approved. 11-7,202 Brian Dempst r Date TO: The Honorable Mayor and City Council FROM: H. Dwayne Henderson, PE, City Engineer SUBJECT: Hole Acres Drainage Study - Agreement for Engineering Design Services DATE: May 17, 2024 BACKGROUND: • Hale Acres is a subdivision in Owasso that was originally developed in Tulsa County • City of Owasso annexed the subdivision in 1976 • Sanitary sewer was adopted and the original sewer lagoons closed • Street drainage is by borrow ditches constructed parallel to light -duty asphalt streets • Major drainage flows between houses in open channels • In 2005, the City completed a Master Drainage Plan (MDP) • MDP broadly addresses drainage needs in the Hale Acres Subdivision and drainage improvements are needed ahead of improving roads in the subdivision • City of Owasso used Community Development Block Grant (CDBG) funds to completely replace sanitary sewer lines and are currently replacing the original water lines • A detailed drainage study with recommendations are needed to upgrade Hales Acres drainage to City of Owasso standards ENGINEERING AGREEMENT /SCOPE OF WORK: City staff and Meshek & Associates, LLC, developed a scope of work for the study of the project. The project, if approved, will provide recommendations for storm sewer upgrades to improve drainage conditions in Hale Acres to work in conjunction with a future road improvement project. Scope will also study conveying the drainage, which converges at the southwest corner of the subdivision, across a neighboring property owner (Housing Authority of the Cherokee Notion) to the Owasso South Sports Park detention pond. Items included in the Scope of Work are: 1) Receive and review all information provided by the City; 2) Update the hydrologic and hydraulic (H &H) models for the existing system; 3) Prepare up to two (2) drainage alternatives for the Housing Authority of the Cherokee Nation property and prepare hydraulic models for each alternative; 4) Prepare up to two (2) paving and drainage alternatives for the Hale Acres Subdivision; 5) Prepare cost estimates for each paving and drainage alternative; and, 6) Prepare summary report of the study documenting the H &H methodology, existing condition results, alternative analysis details and cost estimates. If approved by City Council, the cost of engineering services will be an amount not to exceed $130,070.00. FUNDING: Funding is available in the Stormwater Fund Budget. Hale Acres Drainage Study Page 2 RECOMMENDATION: Staff recommends approval of the Agreement for Engineering Services with Meshek & Associates, LLC, of Tulsa, Oklahoma, in an amount not to exceed $130,070.00 and authorization to execute all necessary documents. ATTACHMENTS: Location Map Engineering Agreement /Exhibits Hale Acres Drainage Study Location Map 05/10/2024 This map may represents a visual display of related geographic information. Data provided hereon is not guarantee of actual field conditions. To be sure of complete accuracy, please contact the responsible staff for most up -to -date information. AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK HALE ACRES PAVING & DRAINAGE ANALYSIS THIS AGREEMENT, made and entered into this 21st day of May, 2024 between the City of Owasso, Oklahoma, a Municipal Corporation, of Oklahoma, hereinafter referred to as CITY, and Meshek & Associates, LLC, hereinafter referred to as ENGINEER; WITNESSETH: WHEREAS, CITY intends to prepare a cost proposal for alternatives involving pavement replacement in Hale Acres subdivision, improving the drainage in the Hale Acres subdivision, and conveying the stormwater through the Housing Authority of the Cherokee Nation property to the Owasso Sports Park, hereinafter referred to as the PROJECT; and, WHEREAS, CITY requires certain professional services in connection with the PROJECT, hereinafter referred to as the SERVICES; and, WHEREAS, ENGINEER, is prepared to provide such SERVICES; WHEREAS, funding is available for the PROJECT through the fiscal year 2024 -2025 Stormwater Management Budget; NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: 1. SCOPE OF PROTECT. The scope of the PROJECT is described in Attachment A, SCOPE OF PROTECT, which is attached hereto and incorporated by reference as part of this AGREEMENT. 2. SERVICES TO BE PERFORMED BY ENGINEER. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, which is attached hereto and incorporated by reference as part of this AGREEMENT. 3. CITY'S RESPONSIBILITIES. CITY shall be responsible for all matters described in Attachment C, RESPONSIBILITIES OF THE CITY, which is attached hereto and incorporated by reference as part of this AGREEMENT. 4. COMPENSATION. CITY shall pay ENGINEER in accordance with Attachment D, COMPENSATION, and further described in Attachment E, BILLING RATE SHEET, which are attached hereto and incorporated by reference as part of this AGREEMENT. 5. SCHEDULE. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, in accordance with the schedule set forth in Attachment F, SCHEDULE, attached hereto and incorporated by reference as part of this AGREEMENT. 6. STANDARD OF PERFORMANCE. ENGINEER shall perform the SERVICES undertaken in a manner consistent with the prevailing accepted standard for similar HALE ACRES PAVING 8 DRAINAGE ANALYSIS services with respect to projects of comparable function and complexity and with the applicable laws and regulations published and in effect at the time of performance of the SERVICES. The PROJECT shall be designed and engineered in a good and workmanlike manner and in strict accordance with this AGREEMENT. All engineering work shall be performed by or under the supervision of Professional Engineers licensed in the State of Oklahoma, and properly qualified to perform such engineering services, which qualification shall be subject to review by CITY. Other than the obligation of the ENGINEER to perform in accordance with the foregoing standards, no warranty, either express or implied, shall apply to the SERVICES to be performed by the ENGINEER pursuant to this AGREEMENT or the suitability of ENGINEER'S work product. LIMITATION OF RESPONSIBILITY. 7.1. ENGINEER shall not be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the PROJECT. 7.2. The presence of ENGINEER's personnel at a construction site is for the purpose of providing to the CITY a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). 7.3. In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and /or execution. These conditions and cost /execution effects are not the responsibility of ENGINEER. 7.4. Record drawings will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. 7.5. ENGINEER's deliverables, including record drawings, are limited to the sealed and signed hard copies. Computer - generated drawing files furnished by ENGINEER are for CITY or others' convenience. Any conclusions or information derived or obtained from these files will be at user's sole risk. 8. OPINIONS OF COST AND SCHEDULE. 8.1. Since ENGINEER has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors', subcontractors', or vendors' methods of determining prices, or over competitive bidding or market HALE ACRES PAVING 8 DRAINAGE ANALYSIS conditions, ENGINEER'S cost estimates shall be made on the basis of qualifications and experience as a Professional Engineer. 8.2. Since ENGINEER has no control over the resources provided by others to meet construction contract schedules, ENGINEER'S forecast schedules shall be made on the basis of qualifications and experience as a Professional Engineer. 9. LIABILITY AND INDEMNIFICATION. 9.1. The ENGINEER shall indemnify and hold the CITY and the CITY's officers and employees harmless from and against damages, losses and judgments arising from claims by third parties, including reasonable attorneys' fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts or omissions of the ENGINEER, its employees and its consultants in the performance of professional services under this Agreement. The ENGINEER's duty to indemnify the CITY under this provision shall be limited to the available proceeds of insurance coverage. 9.2. ENGINEER shall not be liable to CITY for any special, indirect or consequential damages, such as, but not limited to, loss of revenue, or loss of anticipated profits. 10. CONTRACTOR INDEMNIFICATION AND CLAIMS. 10.1. CITY agrees to include in all construction contracts the provisions of Articles 7.1, and 7.2, and provisions providing contractor indemnification of CITY and ENGINEER for contractor's negligence. 10.2. CITY shall require construction contractor(s) to name CITY and ENGINEER as additional insureds on the contractor's general liability insurance policy. 11. COMPLIANCE WITH LAWS. In performance of the SERVICES, ENGINEER shall comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. ENGINEER shall procure the permits, certificates, and licenses necessary to allow ENGINEER to perform the SERVICES. ENGINEER shall not be responsible for procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to ENGINEER in Attachment B, SCOPE OF SERVICES. 12. INSURANCE. 12.1. During the performance of the SERVICES under this AGREEMENT, ENGINEER shall maintain the following insurance: 12.1.1. General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. HALE ACRES PAVING & DRAINAGE ANALYSIS 12.1.2. Automobile Liability Insurance with bodily injury limits of not less than $1,000,000 for each person and not less than $1,000,000 for each accident and with property damage limits of not less than $100,000 for each accident. 12.1.3. Worker's Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance with limits of not less than $100,000 for each occurrence. 12.1.4. Errors and Omissions Insurance to remain in effect during the PROJECT and the term of any legal liability. Errors and Omissions coverage to be for a minimum of $1,000,000. 12.2. ENGINEER shall furnish CITY updated certificates of insurance upon request at anytime throughout the duration of the contract. 13. OWNERSHIP AND REUSE OF DOCUMENTS. 13.1. All documents, including original drawings, estimates, specifications, field notes and data shall become and remain the property of the CITY. 13.2. CITY'S reuse of such documents without written verification or adaptation by ENGINEER for the specific purpose intended shall be at CITY'S risk. 14. TERMINATION OF AGREEMENT. 14.1. The obligation to continue SERVICES under this AGREEMENT may be terminated by either party upon fifteen days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 14.2. CITY shall have the right to terminate this AGREEMENT, or suspend performance thereof, for CITY'S convenience upon written notice to ENGINEER; and ENGINEER shall terminate or suspend performance of SERVICES on a schedule acceptable to CITY. In the event of termination or suspension for CITY'S convenience, CITY shall pay ENGINEER for all SERVICES performed to the date of termination in accordance with provisions of Attachment D, COMPENSATION. Upon restart of a suspended project, ENGINEEWs contract price and schedule shall be equitably adjusted. 15. NOTICE. Any notice, demand, or request required by or made pursuant to this AGREEMENT shall be deemed properly made if personally delivered in writing or deposited in the United States mail, postage prepaid, to the address specified below. To ENGINEER: Meshek & Associates, LLC 1437 S. Boulder Ave. Suite 1550 Tulsa, OK 74119 Attention: Benjamin W. Fletcher, PE, LSI HALE ACRES PAVING & DRAINAGE ANALYSIS To CITY: CITY OF OWASSO 301 W 2nd Avenue Owasso, Oklahoma 74055 Attention: Roger Stevens, Public Works Director 15.1. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of ENGINEER and CITY. 16. UNCONTROLLABLE FORCES. Neither CITY nor ENGINEER shall be considered to be in default of this AGREEMENT if delays in or failure of performance shall be due to forces which are beyond the control of the parties; including, but not limited to: fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage; inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either CITY or ENGINEER under this AGREEMENT; strikes, work slowdowns or other labor disturbances, and judicial restraint. 17. SEVERABILITY. If any portion of this AGREEMENT shall be construed by a court of competent jurisdiction as unenforceable, such portion shall be severed herefrom, and the balance of this AGREEMENT shall remain in full force and effect. 18. INTEGRATION AND MODIFICATION. This AGREEMENT includes ATTACHMENTS A, B, C, D, E, and F and represents the entire and integrated AGREEMENT between the parties; and supersedes all prior negotiations, representations, or agreements pertaining to the SCOPE OF SERVICES herein, either written or oral. CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. This AGREEMENT may be amended only by written instrument signed by each of the Parties. 19. DISPUTE RESOLUTION PROCEDURE. In the event of a dispute between the ENGINEER and the CITY over the interpretation or application of the terms of this AGREEMENT, the matter shall be referred to the City's Director of Public Works for resolution. If the Director of Public Works is unable to resolve the dispute, the matter may, in the Director's discretion, be referred to the City Manager for resolution. Regardless of these procedures, neither party shall be precluded from exercising any rights, privileges or opportunities permitted by law to resolve any dispute. 20. ASSIGNMENT. ENGINEER shall not assign its obligations undertaken pursuant to this AGREEMENT, provided that nothing contained in this paragraph shall prevent ENGINEER from employing such independent consultants, associates, and subcontractors as ENGINEER may deem appropriate to assist ENGINEER in the performance of the SERVICES hereunder. 21. APPROVAL. It is understood and agreed that all work performed under this AGREEMENT shall be subject to inspection and approval by the Public Works Department of the City of Owasso, and any plans or specifications not meeting the terms HALE ACRES PAVING & DRAINAGE ANALYSIS set forth in this AGREEMENT will be replaced or corrected at the sole expense of the ENGINEER. The ENGINEER will meet with the City staff when requested and will be available for public meetings and City of Owasso presentations. 22. KEY PERSONNEL. In performance of the SERVICES hereunder, ENGINEER has designated Grant Moore as Project Manager for the PROJECT. ENGINEER agrees that no change will be made in the assignment of this position without prior approval of CITY. IN WITNESS WHEREOF, the parties have executed this AGREEMENT in multiple copies on the respective dates herein below reflected to be effective on the date executed by the Mayor of the City of Owasso. APPROVED: Meshek & Associates, LLC if%M Benjamin W. Fletcher, PE, LSI Date 5/1/2024 CITY OF OWASSO, OKLAHOMA Juliann M. Stevens, City Clerk Alvin Fruga, Mayor Date APPROVED AS TO FORM: Julie Lombardi, City Attorney HALE ACRES PAVING 8 DRAINAGE ANALYSIS HALE ACRES PAVING & DRAINAGE ANALYSIS AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK HALE ACRES PAVING & DRAINAGE ANALYSIS Scope of Project Attachment A SCOPE OF PROTECT. The project includes the preparation of alternatives involving pavement replacement in Hale Acres subdivision, improving the drainage in the Hale Acres subdivision, and conveying the stormwater through the Housing Authority of the Cherokee Nation property to the Owasso Sports Park. The PROJECT shall consist of civil engineering services for the following categories of assignments: 1. Receive and review all information provided by CITY; 2. Update the hydrologic and hydraulic models for the existing system; 3. Prepare up to two (2) drainage alternatives for the Housing Authority of the Cherokee Nation property and prepare hydraulic models for each alternative; 4. Prepare up to two (2) paving and drainage alternatives for the Hale Acres Subdivision; 5. Prepare cost estimates for each paving and drainage alternative; 6. Prepare summary report of the study documenting the H &H methodology, existing conditions results, alternative analysis details and cost estimates HALE ACRES PAVING & DRAINAGE ANALYSIS AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK HALE ACRES PAVING & DRAINAGE ANALYSIS Scope of Services Attachment B The services to be performed by the ENGINEER, Meshek & Associates, LLC, under this AGREEMENT will consist of providing civil engineering services for the categories of assignments presented in Attachment A, as directed individually by the CITY by a work order. Further, it is understood and agreed that the date of beginning, rate of progress, and the time of completion of the work to be done hereunder for each assignment are essential provisions of this AGREEMENT; and it is further understood and agreed that the work embraced in this AGREEMENT shall commence upon execution of this AGREEMENT and receipt of Notice to Proceed for each assignment. It is further understood that all reviews and conceptual designs will be prepared in accordance with the City of Owasso design criteria and specifications for construction. Basic Services of ENGINEER. The basic services of the ENGINEER shall include, but are not limited to the following tasks: • Update Hydrology & Hydraulics • Update the existing conditions hydrology using HEC -HMS • Existing land use conditions only • The 2,5,10,25,50, 100, and 500 -year events will be included using Atlas 14 rainfall • Update the MDP HEC -RAS model with the latest topography from the project site to the wetlands • Determine the existing flood boundaries and flood storage volume of the 100 -year event o Conduct one (1) site visit to verify certain drainage structure sizes and collect site photos Alternative Analysis o The Hale Acres subdivision area will include up to two drainage alternatives. Specific tasks will include: • Determine sizes of up to two alternative drainage systems within subdivision • One alterative will focus on storm sewer improvements • The other alternative will focus on open channel improvements • Prepare conceptual cost estimates for each alternative • The neighborhood drainage system will be designed to the 10 -year event The 100 -year event will be modeled to verify no structure flooding • The Sports Park Pond will be modeled in HEC -HMS to determine downstream flow impacts due to the alternatives HALE ACRES PAVING 8 DRAINAGE ANALYSIS Modifications to the pond outlet structure will be considered to avoid flow increases downstream The Housing Authority of the Cherokee Nation property will include up to two drainage alternatives • Up to two (2) drainage alignment alternatives will be considered to carry the upstream flow through the site and into the Owasso Sports Park and wetland area • The proposed improvements will be designed to carry the existing conditions 100 -year flow rate • The system will be designed assuming the HACN property will provide on -site detention prior to discharging in the proposed channel • The Sports Park Pond will be modeled in HEC -HMS to determine downstream flow impacts due to the alternatives. • Modifications to the pond outlet structure will be considered to avoid flow increases downstream. • Prepare conceptual cost estimates for each alternative • The tie -in to the wetlands area will be conceptually considered to ensure no adverse erosion occurs o Hale Acres Pavement • Prepare conceptual cost estimates for two (2) alternative paving sections • One alternative will bean open section without curb and gutter • One alternative will be a curb and gutter section • Pavement thicknesses to be in accordance with the City of Owasso standard residential paving sections Estimates will include: • Removal and replacement of all existing paving within the Hale Acres Subdivision as shown in Figure 2 • Replacement of all driveways to the existing R/ W line • Replacement of driveway culverts as needed for the proposed drainage alternatives • Excavation, grading and sodding as needed for the proposed drainage alternatives Reporting, Meetings, Project Management • Prepare summary report of the study documenting the H &H methodology, existing conditions results, and alternative analysis details • Prepare exhibits of each alternative • Prepare concept plans for paving and drainage improvements • Attend up to two (2) client meetings (Either in person or virtually) • General project management HALE ACRES PAVING & DRAINAGE ANALYSIS AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK HALE ACRES PAVING & DRAINAGE ANALYSIS Responsibilities of the City Attachment C RESPONSIBILITIES OF THE CITY. The CITY agrees: C.1 Reports, Records, etc. To furnish, as required by the work, and not at expense to the ENGINEER: C.1.1 Records, reports, studies, plans, drawings, and other data available in the files of the CITY that may be useful in the work involved under this AGREEMENT. C.1.2 Standard construction drawings and standard specifications. C.1.3 ENGINEER will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by CITY. C.2 Access. To assist in providing access to public and private property when required in performance of ENGINEER's services. C.3 Staff Assistance. Designate the City Engineer (or another individual designated in writing) to act as its representative in respect to the work to be performed under this AGREEMENT, and such person shall have complete authority to transmit instructions, receive information, interpret and define CITY'S policies and decisions with respect to materials, equipment, elements and systems pertinent to the services covered by this AGREEMENT. C.3.1 Furnish staff assistance in locating, both horizontally and vertically, existing CITY owned utilities and in expediting their relocation as described in Attachment B. Further, CITY will furnish assistance as required in obtaining locations of other utilities, including "potholing ". C.3.2 Furnish legal assistance as required in the preparation of bidding, construction and other supporting documents. CA Review. Examine all studies, reports, sketches, estimates, specifications, drawings, proposals and other documents presented by ENGINEER and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. PAGE 11 OF 15 HALE ACRES PAVING 8 DRAINAGE ANALYSIS AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK HALE ACRES PAVING & DRAINAGE ANALYSIS Compensation Attachment D COMPENSATION. The CITY agrees to pay, as compensation for services set forth in Attachment B, the following fees, payable monthly as each Phase of the work progresses; and within 30 calendar days of receipt of invoice. ENGINEER shall submit monthly invoices based upon actual percentage of work completed, completed at the time of billing. Additional services requested under this agreement will be invoiced according to the Rate Schedule provided in ATTACHMENT E. Invoices shall be accompanied by such documentation as the CITY may require in substantiation of the amount billed. D.1 Total Compensation. D.1.1 For the work under this project the total maximum billing including direct costs and subconsultant services shall be One Hundred Thirty Thousand Seventy Dollars and no cents ($130,070.00) which amount shall not be exceeded without further written authorization by CITY. D.2 Subconsultants and Other Professional Associates. Services of subcontractors and other consultants shall be compensated for at actual cost plus 5% management fee. Use of sub - consultants shall be authorized in advance by CITY. D.3 Other Direct Costs. D.3.1 Travel and subsistence shall be compensated for at actual cost. Local travel by personal or firm automobile shall be compensated for at the rate currently allowed by the IRS. D.3.2 Printing expenses shall be compensated for as shown in ATTACHMENT E. D.3.3 Any other direct costs shall be compensated for at actual when authorized in advance by CITY. DA Additional Services. Unless otherwise provided for in any accepted and authorized proposal for additional services, such services shall be compensated for on the same basis as provided for in Attachment D. D.5 Terminated Services. If this AGREEMENT is terminated, ENGINEER shall be paid for services performed to the effective date of termination. HALE ACRES PAVING 8 DRAINAGE ANALYSIS D.6 Conditions of Payment. D.6.1 Payments shall be made based on the amount of work complete at the time of invoicing as indicated within this AGREEMENT and shall be due and owing within thirty days of ENGINEER'S submittal of progress payment invoices. D.6.2 If CITY fails to make payments due ENGINEER within sixty days of the submittal of any progress payment invoice, ENGINEER may, after giving fifteen days written notice to CITY, suspend services under this AGREEMENT. D.6.3 If the PROJECT is delayed, or if ENGINEER'S services for the PROJECT are delayed or suspended for more than ninety days for reasons beyond ENGINEER'S control, ENGINEER may, after giving fifteen days written notice to CITY, request renegotiation of compensation. PAGE 13 OF 15 HALE ACRES PAVING & DRAINAGE ANALYSIS AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK HALE ACRES PAVING & DRAINAGE ANALYSIS 2024 Billing Rate Sheet Attachment E Project Principal If $ for Off i 325.00 GIS Project Principal $ 240.00 Project Principal 1 $ 300.00 GIS Project Manager II S 230.00 Project Manager 11 $ 265.00 GIS Project Manager 1 $ 185.00 Project Manager I S 190.00 GIS Specialist II $ 145.00 Project Engineer II $ 190.00 GIS Specialist I $ 115.00 Project Engineer 1 S 135.00 GIS Analyst $ 110.00 Engineering Intern S 130.00 GIS Technician $ 95.00 Engineering Technician II $ 125.00 GPS Field Technician $ 85.00 Engineering Technician 1 $ 100.00 ROW Project Manager 11 S 230.00 CAD Designer S 100.00 ROW Project Manager 1 $ 210.00 3 Man Survey Crew $ 315.00 Assistant ROW Project Manager $ 140.00 2 Man Survey Crew $ 215.00 Ac uisition /Relocation Agent $ 120.00 Survey CAD Technician $ 95.00 Real Estate Trainee $ 90.00 Survey Crew Chief 1 $ 100.00 Planning/Grant Project Manager II $ 205.00 Survey Crew Chief II $ 130.00 Planning/Grant Project Manager 1 $ 170.00 Survey Crew Technician $ 85.00 Planner II $ 135.00 Survey Project Manager $ 205.00 Planner 1 $ 125.00 UDAR Survey Crew $ 250.00 Contract Administrator $ 210.00 UDAR Data Specialist Mileage S A 140.00 lAdministrative Billed at Current IRS Rate 8 115.00 Per Diem Billed at Current IRS Rate Per Diem Billed at Current GSA Rate RiMaMon Costs 8- 1/2'x11 " print $ 8 $ $ 8 $ 0.15 0.20 0.30 5.00 8.00 13.00 Billed per page printed 8 -1/2 "x14" print 11'x17' print Black and White Plots Color Plot M lars MI Outside Direct Project Expenses I Passthrou h at Cost Subconsultant Services I Cost plus 5% mana ement fee PAGE 14 OF 15 HALE ACRES PAVING & DRAINAGE ANALYSIS AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK HALE ACRES PAVING & DRAINAGE ANALYSIS Schedule Attachment F F. SCHEDULE. The schedule for engineering services for the fiscal year 2024 -2025 PROJECT is provided as follows: F.1. Notice to Proceed: July 1, 2024 (or when Agreement is fully executed) Anticipated Project Schedule Project Task Project Time Allowed City Review Prepare Existing Conditions Model 60 days Alternative Analysis 90 days Prepare Preliminary Report 45 days 15 days Prepare Final Report 30 days F.2. Contract Expiration: April 1, 2025 F.3. Project reviews shall be completed in 15 calendar days by CITY F.4. Schedule for other assignments to be established at the time assignment is made to ENGINEER. PAGE 15 OF 15 TO: The Honorable Mayor and City Council FROM: H. Dwayne Henderson, P.E., City Engineer SUBJECT: Tulsa County Interlocal Agreement - Roadway Maintenance Improvements DATE: May 17, 2024 BACKGROUND: • Oklahoma State Statutes establish statutory right -of -way for maintenance of roads and drainage in all counties in Oklahoma. • In Tulsa and Rogers Counties, 16.5' (one rod) on each side of an opened land section centerline allows the county (any governmental entity) authority to maintain road surfaces and side drainage without compensation to the property owner. • Historically, when municipalities annexed to the centerline of a roadway, the county continued to maintain the roads /drainage until both sides of the roads were annexed. Even after that, the counties and municipalities work together to keep the infrastructure passable. • In 2004, Oklahoma State Statute Title 11, Chapter 1, Article XXI, Section 21 -103 regarding annexation was amended. • Section C.3, initially read, "Where any territory to be annexed is separated from the corporate limits of the municipality only by a railivay right -of -way, or an intervening strip less than four (4) rods wide, or a highway right -of -way, the territory shall be considered adjacent or contiguous to the municipality." • The amended statute reads: "Unless otherwise provided by law, a roadway or road right -of -way that is adjacent or contiguous to the territory to be annexed shall be considered apart and parcel to the territory to be annexed " • The amended statute establishes new rules for annexation of properties adjacent to section line roads. The new rules state that if a tract is annexed up to the center -line of a road, the annexation continues to the statutory right -of -way on the opposite side of the road. This action would essentially remove the maintenance of this portion of the road /drainage from the county's maintenance responsibility and become the municipality's responsibility. The new statute applies to all parcels annexed after November 1, 2004. Tracts annexed prior to the November date do not adhere to the rule. • From November 2004 to 2022, this new statute went unknown by the City of Owasso and other municipalities in Oklahoma (including Broken Arrow, Bixby and Jenks) until staff noticed more and more calls from residents complaining about sections of roadway maintained by Tulsa and Rogers Counties. Their complaints were being forwarded to the City of Owasso for attention, such as deteriorating pavement, poor or no pavement markings, drainage complaints, requests for signalization, etc. • In 2022, staff was contacted by Alex Mills, Tulsa County Engineer, to discuss a City drainage problem on Mingo Road that is along a county subdivision, but across from the Lakes at Bailey Ranch Subdivision (annexed in August 2005). He had identified that since the area had been annexed since 2004, the drainage issue was the City of Owasso's responsibility based on the 2004 amendment. • Since then, many discussions have determined that the 2004 amendment is valid and attention needs to be given to the new areas of maintenance responsibility. • June 2024, Tulsa County met with City staff to discuss annexations since November 2004 into the City of Owasso corporate limits. The group discussed which segments of roadway makes sense to continue to be maintained by Tulsa County and which roads should be maintained by the City of Owasso. The goal was to develop a list that would benefit both entities and document the projects in an Interlocal Agreement. • The list (provided below and accompanied by an attached map) is proposed to be revisited annually to determine if changes are needed based on new annexations and /or unforeseen changes in land uses. Annexation and Road Maintenance Page 2 ROAD SEGMENTS AND SUGGESTED MAINTENANCE RESPONSIBILITIES: Group Road Description of Segment(s) Annex Ordinance Suggested Reasoning ehind Suggestion Date Adopted Res onsibilit 1 West leg of E. 106th Str N./ 05!08 Ord 915 Tulsa County Road recently resurfaced by N. Mingo Rd Tulsa Count 2, 3, 4, 5 All legs of E. 106th Str N. /N. 10/17 Ord 1 112 City of Owasso City of Owasso Improved Garnett Rd 1 1 /17 Ord 1 1 14 Intersection West and south legs of E. 05/06 Ord 856 Tulsa Co. lsa Co. Maintained 6,7 1261h Str N. /N. Garnett Rd. . Roadway on either side 8 North of 1 16th Str N./ N. Tulsa Co. Maintained Garnett Rd. Intersect. 10 /O6 Ord 877 Tulsa Co . Roadwa on either side 04/010 Ord 672 3/87 Ord 364 07177 Ord 214 City of Owasso Improved 9 116th Str N./ N. Garnett Rd 10/99 Ord 619 Roadway. Owasso is working to N. 129th E. Ave 07115 Ord 1056 City of Owasso to annex the sections 05/03 Ord 729 currently in the Tulsa County 05/20 Ord 1166 Future Ordinance 10 West leg of E. 116th Str N. /N. 05/20 Ord 1 I66 Cit of Owasso y City of Owasso Improved 129th E. Ave Roadway 10,11 North leg of E. 116th Str N./ 05/20 Ord 1166 Tulsa Co. Tulsa Co. Maintained N. 1271h E. Ave Roadway on either side 12 N. 129th E. Ave, E. 116th Str 11/05 Ord 832 Tulsa Co. Tulsa Co. Maintained N. to E. 126th Str N. Roadway on either side E. 126th Str N.I. 129th E. Ave 11/05 Ord 832 Tulsa Co. Maintained 13 U to US Hwy y 1 169 08/06 06 Ord 869 Tulsa Co. Roadway. Owasso and Collinsville Corporate limits Segments on E. 126th Str N. Tulsa Co. Maintained 14a & N. 145th E. Ave - US Hwy 09/17 Ord 1 109 Tulsa Co. Roadway. Owasso and 169 to SH 20 12/09 Collinsville Corporate Limits Segment on N. 145th E. 09117 Tulsa Co. Maintained 14b Ave, E. 126th Str N. to SH 20 12/09 Ord 953 Tulsa Co. Roadway. Owasso and Collinsville Corporate Limits South Leg N. 1451h E. City of Owasso Future 15 Ave /SH 20 10/00 Ord 658 City of Owasso Roadway Widening (TMP Roadway) N. 1451h E. Ave Between E. City of Owasso Future 16 1061h Str. N. and E. 116th Str. 11/01 Ord 692 City of Owasso Roadway Widening (TMP N. Roadway) 17 North leg of E. 106th Str. 01/10 Ord 961 City of Owasso y City of Owasso Improved N. /N. 145th E. Ave Intersection 18,19 N. 145th E. Ave Near Fire 07/06 Ord 866 Tulsa Co. Tulsa Co. Maintained Station #3 Roadway on either side 20 West leg of E. 96th Str N./ N. 03/06 Ord 841 City of Owasso Improved 145th E. Ave 03/07 Ord 887 City of Owasso Intersection Future 21,22 North and West leg E. 76th 08/06 Ord 869 Tulsa Co. Tulsa Co. Maintained Str N./ N. Memorial Rd. 12/18 Ord 1 143 Roadway on either side 23,24 South and East leg E. 86th /17 Ord 1115 Tulsa Co. Tulsa Co. Maintained Str N. /N. Memorial Rd. Roadway on either side 25,26 West and North leg of E. 12/90 Ord 425 City Owasso y City of Owasso Improved 86th Str KIN. Mingo 04/15 Ord 1050 Intersection 27 South and West legs of E. 03/06 Ord 841 City of Owasso y City of Owasso Improved 96th Str N. /N. 145th E. Ave Future Ordinance Intersection Future E. 761h Str N., between N. 28 1291h E. Ave and N. 1451h E. 02/08 Ord 908 Tulsa Co. Tulsa Co. Maintained Ave I Roadway on either side Annexation and Road Maintenance Page 3 29,30 west and North legs of 661n 03/04 Ord Tulsa Co. Tulsa Co. Maintained Sir N. /N. 12911 E. Ave Roadway on either side 31 N. 129th E. Ave in front of 08/06 Tulsa Co. Tulsa Co. Maintained Keys Landin I Roadway on either side 32 N. 129th E. Ave front of 03/04 Tulsa Co. Tulsa Co. Maintained Hickory Creek Roadwav on either side RECOMMENDATION: Staff recommends approval of the Interlocal Agreement with Tulsa County and authorization to execute the necessary documents. ATTACHMENTS: Oklahoma Statute 11 OS 21- 103(c) Tulsa County Interlocal Agreement INTERLOCAL AGREEMENT BETWEEN TULSA COUNTY AND THE CITY OF OWASSO FOR IDENTIFICATION OF RESPONSIBILITIES AND DUTIES REGARDING THE OPERATIONS, MAINTENANCE, CONSTRUCTION, AND FINANCIAL OBLIGATIONS FOR PUBLIC RIGHT -OF -WAYS This Agreement is made pursuant to the Interlocal Cooperative Act (74 O.S. § 1001, et seq.) by and between Tulsa County, Oklahoma (hereafter "TULSA COUNTY "), and the City of Owasso, Oklahoma (hereafter "OWASSO ") for the following intents and purposes and subject to the following terms and conditions, to wit: SECTION 1. PURPOSE WHEREAS, TULSA COUNTY and OWASSO share responsibilities and duties regarding the ownership, operation, maintenance, construction, and financial obligation of public rights -of -way along several State of Oklahoma political subdivision boundary borders; and WHEREAS, TULSA COUNTY and OWASSO individually exercise certain responsibilities and duties regarding the ownership, operation, maintenance, construction, and financial obligation of public rights -of -way solely within each entity's jurisdiction; and WHEREAS, these responsibilities and duties include, but are not limited to, the public transportation facilities, such as roads, streets, bridges, sidewalks, trails, signals, traffic signage, and public stormwater and drainage systems coupled with other public appurtenances associated with the public transportation facilities; and WHEREAS, these responsibilities and duties do not include specific responsibilities and duties directly associated with public utility infrastructure, which will remain the obligation of the owner of the public utility; and WHEREAS, TULSA COUNTY is charged under Oklahoma State Statutes, Title 19, with ownership, operation, maintenance, construction, and financial obligation for said public rights -of -way and the public infrastructure as identified above and contained solely within TULSA COUNTY jurisdiction; and, WHEREAS, OWASSO is charged under Oklahoma State Statutes, Title 11, with ownership, operation, maintenance, construction, and financial obligation for said public rights -of -way and the public infrastructure as identified above and contained solely within OWASSO jurisdiction; and, WHEREAS, TULSA COUNTY and OWASSO deem it is mutually beneficial to each party, as well as to the residents of each party, to identify the responsibilities and duties regarding the ownership, operation, maintenance, and financial obligation for rights -of -way for locations as identified in Exhibit A attached to this Agreement; and, WHEREAS, TULSA COUNTY and OWASSO have independently investigated the present conditions of the rights -of -way and the public infrastructure as defined above and as identified in Exhibit A attached and agree to accept as -is said infrastructure in its current condition. 11 Page NOW, THEREFORE, the parties do mutually agree that both parties shall perform its responsibilities and duties for all public rights -of -way as defined above and as detailed in the sections below. SECTION 2. RESPONSIBILITIES OF TULSA COUNTY TULSA COUNTY accepts responsibilities and duties for all public rights -of -way regarding ownership, operation, maintenance, construction, and financial obligation for public transportation facilities and public stormwater and drainage systems associated with the public transportation facilities contained within rights -of -way for locations as identified in Exhibit A, attached. TULSA COUNTY relinquishes responsibilities and duties for all current public rights -of -way regarding ownership, operation, maintenance, construction, and financial obligation for public transportation facilities and public stormwater and drainage systems associated with the public transportation facilities contained within rights -of -way for locations that are in conflict with those locations as identified in Exhibit A attached, unless there is an amendment or supplemental agreement to this Agreement. TULSA COUNTY accepts the responsibilities and duties for all public rights -of -way regarding ownership, operation, maintenance, construction, and financial obligation for non - signalized intersections at arterial streets on the south and on the east end of the public right- of -way as based upon TULSA COUNTY designation in Exhibit A which is incorporated as part of this Agreement, unless specifically noted in this Agreement, an amendment to this Agreement, or in a supplemental agreement. TULSA COUNTY grants and conveys all rights associated with the public rights -of -way for those areas under TULSA COUNTY'S jurisdiction to OWASSO for those areas identified as the responsibility and duty of OWASSO. TULSA COUNTY shall advise OWASSO of all actions with respect to any capital improvement project scheduled to be completed on a TULSA COUNTY public transportation facility or public stormwater and drainage system for which part of said improvement falls within OWASSO jurisdiction. SECTION 3. RESPONSIBILITES OF OWASSO OWASSO accepts the responsibilities and duties for all public rights -of -way regarding ownership, operation, maintenance, construction, and financial obligation for public transportation facilities and public stormwater and drainage systems associated with the public transportation facilities contained within rights -of -way for locations as identified in Exhibit A attached. OWASSO relinquishes the responsibilities and duties for all current public rights -of -way regarding ownership, operation, maintenance, construction, and financial obligation for public transportation facilities and public stormwater and drainage systems associated with the public transportation facilities contained within rights -of -way for locations that conflict with those locations as identified in Exhibit A attached, unless there is an amendment or supplemental agreement to this Agreement. OWASSO accepts the responsibilities and duties for all public rights -of -way regarding ownership, operation, maintenance, construction, and financial obligation for non - signalized intersections at arterial streets on the north and on the west end of the public right -of -way as based upon OWASSO designation in Exhibit A which is incorporate as part of this Agreement, unless specifically noted in this Agreement, an amendment to this Agreement, or in a supplemental agreement. 2 1 P a g e OWASSO grants and conveys all rights associated with the public rights -of -way for those areas under the OWASSO'Sjurisdiction to TULSA COUNTYfor those areas identified as the responsibility and duty of TULSA COUNTY. OWASSO shall advise TULSA COUNTY of all actions with respect to any capital improvement project scheduled to be completed on an OWASSO public transportation facility or public stormwater and drainage system for which part of said improvement falls within TULSA COUNTY jurisdiction. OWASSO accepts the responsibilities and duties for all public rights -of -way regarding ownership, operation, maintenance, construction, and financial obligation for signalized intersections unless specifically noted in this Agreement or in a supplemental agreement. SECTION 4. EFFECTIVE DATE This Agreement shall become effective upon signature of both parties. SECTION 5. TERMINATION This Agreement may be terminated only by mutual agreement of both parties. SECTION 6. AMENDMENTS OR MODIFICATIONS No changes, revisions, amendments, alterations, or modifications to this Agreement shall be effective unless reduced to writing and mutually executed by both parties with the same formalities as are observed in the execution of this Agreement. [REMAINDER OF PAGE LEFT BLANK INTENTIONALLY] 3 1 P a g e Approved by the City Council of the City of Owasso this BY: BY: Alvin Fruga, Mayor day of 2024. Attest: Juliann M. Stevens, City Clerk Approved as to Form: BY: Julie Lombardi, City Attorney Approved by the Board of County Commissioners of Tulsa County, Oklahoma this day of .2024. mm TULSA COUNTY: Stan Sallee, Chairman L:YA YA Attest: Michael Willis, County Clerk Approved as to Form: Andrew Mihelich, Assistant District Attorney 41 Page NORTH OWP,SSO Tulsa County Roads — Tulsa County Roads _ Annexed by Owasso Owasso City Limits 1. E1u6th St N- Slating at N 9711% E Ave, glen headed wed for approx M' 10.125mQ 2. E1061h SIN- SUdngdN113th EAve,thenheadad west for approx 13W (0.25(1 mQ 3. El0 RN- StartingWN113th EAVe,lhenheaded ead for sop= 293'(0.055 M) 4. N 112th E Ave - Starting d E 106th St N, wn headed south for appmx Sag (0.121 wall S. N1131h EAve- StanngatEID6th Sl N,thenheaded north for approx 860' (0.125 mQ 6. E1261h StN- BeglnNng484.9 mMof N113MEAve, then headed weal for 660'(0.125 mi) b endpoint 7. N1131h EAw- Beghming 248.5 South d E 126th Sr N, then headed a girth for apps, 248.6(0.047 ml) to endpoint a. N 11 E Ave- Beginning 466.00'nonh WE 116th SIN, than headed north for approx 684.90' (0.130 mQ re ona"fre 9. E 116th SI N - Stetting el N 113th E Ave, Men heeded sad far appmx 4282A5' (0.811 mQ b emlpdnt 10. E 116TH SI N - Stating et N 129th E Ave, Men heedetl west for appox 7p5.W (0.134 mQ to endpolat ". N 126th E Ave - StardW at N 116th SIN, Men headed north fora txrar 910' (0.172 M1 12. N 129th E Ava- Slating ME 11611I St N to E 126th SIN far 5260' (1.00 mu 13. E 128M St N - Slating d N 12811h E Ave, than headed OW for epprox 2840.00' (0.500 ml) to endpolnl N. E 12811 St N- Sterling d N 138th E AVe, then headed eed for apprar 487.00' (0.088 ml) In Midpoint 15. N145hEAV-- SlmBrgappmx479..mM FE116MSt N, than headed north for 1795.w (0.340 ml) to erMpalat 16. N145MEAre- SlartNg971.20'smNhafElIMSt N, than headed south for approx 1665.00' (0.316 ml) b endpaint 17. N 14511h E Ave - stamng a[ 106th St N. then headed north appr" 163828' (0.310 M) to endpoint 18. Efootball N- Starting MN 145th EAve, than headed west for appmx 226.50' (0,043 art) to endpoint 19. N145th EAve -Sl NWEtaaMSIN,lhenheeded .nth for aWru 505.001(0.096 ant) to endpoint 20. E San St N - Stating 524.84' west of N 145th E Ave, than headed wed for appmx 800'(0.152 mi) to endpoint r U 10 Read Segments That Will Be Tulsa County Maintenance j Responsibility (TULSA COUNTY designation) Road Segments That g of Owasso Maintenance Responsibility (OWASSO SO designation) 13 14 16 17 E 126th St E 116th St N E 106th St N 18 19 E 96th St N 20 EXHIBIT > m m m CW>> W <¢ a E a 0 W W ° c� W N W t t - !T Zz Em z Z (m9 z z z z r U 10 Read Segments That Will Be Tulsa County Maintenance j Responsibility (TULSA COUNTY designation) Road Segments That g of Owasso Maintenance Responsibility (OWASSO SO designation) 13 14 16 17 E 126th St E 116th St N E 106th St N 18 19 E 96th St N 20 SOUTH OWASSO Tulsa County Roads — Tulsa County Roads Annexed by Owasso — Owasso City Limits 21. E761h51N -Sf 4r gMN8lstEAVe,thanheatledwast for approx 1220.56' (0.231 ml) to andpolnl 22. N81sl EA.- Starting at E 761h S1 N. then hesitant north forapprox1311.69' (0.248M)toendpoinl 23. N81stEAve- Slading atE866SIN.Ihenheaded south for approx 1322.19'(0.250 ml) to endpoint 24. E861h SI N- starting at N 81st E Ave, then headed east for oppoz 1281.21' (0.239 ml) b entlpolm M. E86th SIN- Slzr6ge1N97th EAve,thanhaeded west for approx 30355' (0.057 mg to endpoint 26. 6 9Th E Ave - StarBng at E 86th St N, then headed noM for opines 1320' (0.125 mi) to endpoint 27. N 145th E Ave - Starting at a point 3M.00'south of E 96th 51 N. then headed south for approx 960.32' (0.182 ml) b endpoint 28. E761h SIN-5 niMa(a,inl999.00'e.tl INi29th EAve, then head east for approx 345,55'(0,065 mD to endpoint 29. E 66th S1 N - starting at N 1296 E Ave, then headed west for approx 66D.00' (0..1 25 ml) to endpoint 3D. N 129th E Ave - stating el E 66th St N, than headed north for approx 827.00' (0.157 as) to endpoint 31. N 129th E Ave - Sterllrg at point 2640'south of E 76th St N. then Insetted south for approx 549.77' (0.104 mi) to endpolnt 32. N 1296 E Ave - stating at point 992.49 north of E 66th Si N. then headed north for approx 335.m0.362 mg to endpoint m a m Ra o w d � 2160 Z Z 5 V EXHIBIT m; a> a o w C t � m ZIZ <---I- W g, a E a w m Owasso 28 4 II a .� 31 30 32 29 Road Segments That Will Be Tulsa County Maintenance Responsibility (TULSA COUNTY designation) Road Segments That Will Be City of Owasso Maintenance Responsibility (OWASSO designation) 96th St N E 86th St N E 76th St N E 66th St N TO: The Honorable Mayor and City Council FROM: H. Dwayne Henderson, P.E., City Engineer SUBJECT: Amendment No. 5 - East 96th Street North from North 119th East Avenue to North 129th East Avenue Roadway Improvements - Engineering Design Services DATE: May 17, 2024 BACKGROUND: In August 2018, the City Council approved an agreement with BKL, Inc., in the amount of $450,000.00, to provide design plans and specifications Project included: • Utility relocation design of the public utilities • Road widening of East 96th Street North from North 119Th East Avenue to the Wal -Mart Entrance • Road widening of East 96th Street North from just east of the bridge to North 129Th East Avenue • Widening of North 121st Street East Avenue from East 96th Street North to the first curve south • Modifying entrances along East 96th Street North and other ancillary work • Widening and extending on and off ramps on the existing interchange • Parking lot and access drive modifications along the commercial area • Prepare right -of -way documents • Coordinate private utility relocations • Preparing bid documents • Assist with bidding and construction Engineering Amendments No. 1, 2, and 3 were approved on June 10, 2019, July 5, 2022, and October 3, 2023, respectively. The work included right -of -way document modifications, changes to the southeast corner of East 96th Street North and North 121st East Avenue to accommodate the cabinets /controllers for AT &T and COX Communications, additional work relocating Washington County RWD #3 water lines, adding a median to the project, and modifications to the US Hwy 169 ramps. Increase in fee for these 3 amendments was $70,600.00. Engineering Amendment No. 4 was approved on January 16, 2024, to separate the east end of the project in order to bid separately. Increase in fee for this work was $21,500.00. PROPOSED ENGINEERING AMENDMENT NO. 5: Amendment No. 5, in the amount of $48,500.00, includes preparing the west side portion of the project for bidding. Work includes the following changes: • Revise plans to separate west end of project as its own project; • Revise cross - sections to show west end; • Revise signal plans and quantities for west end intersections; • Revise Summaries and Cost Estimate; • Provide modified plan submittal and construction schedule. FUNDING: Funding is available in the Vision Recapture Fund. East 961h Street North Improvements, North 119th East Avenue to North 129th East Avenue Page 2 RECOMMENDATION: Staff recommends approval of Amendment No. 5 to the Agreement for Engineering Services for the design of the East 96th North Street Roadway Improvements from North 119th East Avenue to North 129th East Avenue with BKL, Inc., of Tulsa, Oklahoma, in the amount of $48,500.00, and authorization to execute all necessary documents. ATTACHMENTS: Location Map Amendment No. 5 East 96th Street North, North 119th East Ave to North 129th East Ave 1" = 600 ft Location Map 05/01/2024 This map may repr:sems a visual disclag of related geographic information. Ga ?a provided here en is no: ga3ran. -? of actual fiaId condi;icns. To he sure cf complete a. v, please contact the form AMENDMENT NO.5 TO THE AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK 96th STREET NORTH, US 169 PHASE I IMPROVEMENTS THIS AMENDMENT, made and entered into this 21st day of May, 2024, between the City of Owasso, Oklahoma, a Municipal Corporation, of Oklahoma, hereinafter referred to as CITY, and BLK, Inc., hereinafter referred to as ENGINEER; WITNESSETH: WHEREAS, CITY and ENGINEER entered into an AGREEMENT, dated under which the ENGINEER was to provide professional services for 96th STREET NORTH, US 169 PHASE I IMPROVEMENTS hereinafter referred to as the PROJECT, and WHEREAS, CITY requires certain professional services in connection with the PROJECT, hereinafter referred to as the SERVICES; and, WHEREAS, ENGINEER, is prepared to provide such SERVICES; WHEREAS, funding is available for the PROJECT; NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: 1. SERVICES TO BE PERFORMED BY ENGINEER. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES. which is attached hereto and incorporated by reference as part of this AMENDMENT. 2. COMPENSATION. CITY shall pay ENGINEER in accordance with Attachment D, COMPENSATION, which are attached hereto and incorporated by reference as part of this AMENDMENT. 3. All other terms and conditions of the AGREEMENT of full force and effect. shall remain in IN WITNESS WHEREOF, the parties have executed this AGREEMENT in multiple copies on the respective dates herein below reflected to be effective on the date executed by the Mayor of the City of Owasso. ENGINEER By: Date: APPROVED: CITY OF OWASSO, OKLAHOMA Juliann M. Stevens, City Clerk Alvin Fruga, Mayor Date: APPROVED AS TO FORM: Julie Lombardi, City Attorney AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK 96th STREET NORTH, US 169 PHASE I IMPROVEMENTS Scope of Services Attachment B B. Basic Services of ENGINEER. The basic services of the ENGINEER shall be amended to include the following tasks: 1. Revise plans to separate the west end of project as its own project. 2. Revise x- sections to show west end only. 3. Revise signal plans and quantities for west end intersections. S. Revise Summaries and Cost Estimate. 6. Provide modified plan submittal and construction schedule. AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK 96th STREET NORTH, US 169 PHASE I IMPROVEMENTS Compensation Attachment 0 D.1 Total Compensation For the work under this AMENDMENT the total maximum billing including direct costs and subconsultant services shall be Forty -Eight Thousand Five Hundred and No /100 dollars. ($48,500.00), which amount shall not be exceeded without further written authorization by CITY. The ENGINEER acknowledges the following summary of modifications to the Fee Schedule as stated in the original Contract and modified by this AMENDMENT. Original Contract Amount $450,000 Amendment No. 1 $14,800 Amendment No. 2 $32,300 Amendment No. 3 $23,500 Amendment No. 4 $21,500 Amendment No. 5 $48,500 Total Amended Contract Amount $590,600 L CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 05104124 Department Payroll Expenses Total ExDenses 105 Municipal Court 6,554.30 10,373.38 110 Managerial 26,891.98 36,540.16 120 Finance 21,182.89 32,630.14 130 Human Resources 12,890.29 19,666.79 160 Community Development 22,201.18 33,374.80 170 Engineering 22,887.54 35,035.11 175 Information Systems 23,575.54 34,536.98 181 Building Maintenance 19,224.65 26,752.24 190 Cemetery 1,416.80 3,050.03 201 Police Overtime -Grant 215 Central Dispatch 3,745.17 5,982.01 221 Animal Control 5,090.49 7,472.79 280 Emergency Preparedness 2,772.70 3,852.62 370 Stormwater /ROW Maint. 7,706.02 12,603.94 515 Park Maintenance 12,486.03 19,112.10 520 Culture /Recreation 8,909.03 13,857.25 550 Community- Senior Center 11,053.06 13,349.48 580 Historical Museum 934.40 1,043.25 720 Strong Neighborhood 436.52 538.04 General Fund Total 209,958.59 309,771.11 185 Vehicle Maintenance Fund Total 13-12--31.2-2- 2-1,892.06 255 Ambulance Fund Total 699.31 780.78 215 E911 Communication 31,793.86 48,110.81 250 Fire Fund 37 Total 251,373.68 377,262.11 201 Police Fund 38 Total 248,518.56 365,342.30 300 Streets Fund 39 Total 24,357.63 43,271.38 370 Stormwater Fund 27 Total 6,987.70 11,660.69 150 Worker's Compensation Total 4,134.78 4,851.28 720 Strong Neighborhoods Total 4,770.40 6,784.64 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 05115 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE ADMIN FEES DENTAL DEPT TOTAL VSP VISION MEDICAL SERVICES VISION MEDICAL SERVICES ADMIN FEES VISION DEPT TOTAL HEALTHCARE SELF INSURANCE FUND TOTAL AMOUNT 114,611.73 4,843.03 74,074.27 193,529.03 7,784.59 3,684.00 6,684.65 3,398.35 21,551.59 58.50 1,989.09 1,470.31 3,517.90 218,598.52 CITY QF OWASSO GENERAL FUND & HALF -PENNY SALES TAX FISCAL YEAR 2023 -2024 Budgetary Basis Statement of Revenues & Expenditures As of April 30, 2024 Q: \Finance (120)\Accounting \Reports \Current FY\GF Financials MONTH YEAR PERCENT TO -DATE TO -DATE BUDGET OF BUDGET REVENUES: Taxes $ 3,619,127 $ 38,300,531 $ 45,536,655 84.11% Licenses & permits 30,460 301,675 288,788 104.46% Intergovernmental 111,926 939,018 1,285,298 73.06% Charges for services 70,125 667,425 779,427 85.63% Fines & forfeits 38,879 310,267 274,896 112.87% Other 6,913 331,542 146,627 226.11 %, Interest 38,584 404,215 207,963 194.37% TOTAL REVENUES $ 3,916,013 $ 41,254,673 $ 48,519,653 85.03% EXPENDITURES: Personal services $ (2,051,422) $ (22,340,686) $ (27,921,803) 80.01 %, Materials & supplies (123,538) (1,321,121) (2,102,937) 62.82% Other services (441,180) (3,146,110) (4,601,420) 68.37% Capital outlay (257,886) (3,428,615) (11,035,345) 31.07% TOTAL EXPENDITURES $ (2,874,027) $ (30,236,532) $ (45,661,506) 66.22% REVENUES OVER EXPENDITURES $ 1,041,987 $ 11,018,140 $ 2,858,148 TRANSFERS IN (OUT): Transfers in $ 1,873,221 $ 19,414,270 $ 23,251,366 83.50% Transfers out (2,946,100) (30,511,090) (36,671,642) 83.20% TOTAL TRANSFERS $ (1,072,878) $ (11,096,820) $ (13,420,276) 82.69% NET INCOME (LOSS) $ (30,892) $ (78,680) $ (10,562,128) ENCUMBRANCES OUTSTANDING $ (4,147,367) FUND BALANCE (Budgetary Basis) Beginning Balance 25,724,503 18,136,196 EndinG Balance $ 21,498,456 $ 7,574,068 Q: \Finance (120)\Accounting \Reports \Current FY\GF Financials Red Flag Policy Annual Report May 17, 2024 BACKGROUND: Identity theft is a serious problem in the United States. To combat the problem, as part of the Fair and Accurate Credit Transactions Act of 2003 (the FACT Act), the Federal Trade Commission and several other federal agencies have issued rules requiring creditors (including municipalities under certain circumstances) to develop, adopt and implement written Identity Theft Prevention Programs. The Programs were required to be in place by May 1, 2009. The rules are often referred to as RED FLAG requirements and apply to financial institutions and municipalities that provide utility services and /or other services for which payment is made in arrears. It is the provision of services on a deferred payment basis that makes a municipality a "creditor" as defined under Red Flags. ACTION TAKEN: The City of Owasso adopted Resolution No. 2009 -03 to help protect identity theft and fight theft of customer account information, and provide procedures that identify, detect, and respond to possible signals of identity theft known as Red Flags. As a result, the following list of security enhancements are enforced to ensure the security of customer information: 1) Only allow for applications for service to be made in person; 2) Verify the identification of existing customers if they request information in person, via telephone, via facsimile, or via e-mail. 3) Verify identification of existing customers when requesting to transfer service, change account status, change mailing address, or to terminate service; 4) Verify proof of ownership /lease agreement; 5) Require proper identification when a customer presents a Credit or Debit Card for payment if the name is on the card is different from the name on the utility account. ANNUAL REPORT: Red Flag procedures were reviewed in April 2024. No breach of confidential customer personal identifying information or suspected identity theft was detected over the past year. Limestone Construction LLC. P.O. Box 1522, Owasso, OK 74055 Phone: (918) 510 -2021 Fax: (888) 671 -4959 Contract Change Order Project Name: Owasso Fire Station 1 Job Number: 23 -002 Owner /Contractor: Owasso Fire Department Change Order No: 4 Address: 2015 Cedar Street Date: 4/16/24 Owasso, OK Phone: 74055 ITEM NO. Description /Unit Breakdown /Unit Costs Cost (Indicate + or -) Provide additional material and labor to install the shower control valves next to the shower $1,290.00 3. Current Contract Amount (1 +2) door opening. 4. This Change Order Total Amount $ 1,290.00 5. New Contract Amount (3 +4) $1,903,259.00 6. Total Cost Of All Change Orders To Date (2 +4) $15,964.00 7. Contingency to date (Original Amount $135,690.00) $119,726.00 SUBTOTAL FROM ATTACHED SHEETS (IF ANY) $0.00 SUBTOTAL (Labor & Materials) _ $ 1,290.00 TOTAL COST (This Change OrderOnly) _ $ 1,290.00 Change In Contract Duration /Time By This Change Order ( 1)(Increase)(Decrease) 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) $14,674.00 3. Current Contract Amount (1 +2) $1,903,259.00 4. This Change Order Total Amount $ 1,290.00 5. New Contract Amount (3 +4) $1,903,259.00 6. Total Cost Of All Change Orders To Date (2 +4) $15,964.00 7. Contingency to date (Original Amount $135,690.00) $119,726.00 Name Date Limestone Construction LLC. P.O. Box 1522, Owasso, OK 74055 Phone: (918) 510 -2021 Fax: (888) 671 -4959 Contract Change Order Project Name: Owasso Fire Station 1 Job Number: 23 -002 Owner /Contractor: Owasso Fire Department Change Order No: 5 Address: 201 S Cedar Street Date: 4/16/24 Owasso, OK Phone: 74055 ITEM NO. Description /Unit Breakdown /Unit Costs Cost (Indicate +or -I 1 Provide additional material and labor to install new water line to feed the owner provided cleaning $600.00 3. Current Contract Amount (1 +2) solution mixing unit. 4. This Change Order Total Amount $ 600.00 5. New Contract Amount (3 +4) $1,903,259.00 6. Total Cost Of All Change Orders To Date (2 +4) $16,564.00 7. Contingency to date (Original Amount $135,690.00) $119,126.00 SUBTOTAL FROM ATTACHED SHEETS (IF ANY) $0.00 SUBTOTAL (Labor & Materials) = $ 600.00 TOTAL COST (This Change OrderOnly) _ $ 600.00 Change In Contract Duration /Time ByThis Change Order ( 1)(Increase)(Decrease) BY 0 WORKING DAYS NEW CONTRACT COMPLETION DATE: CONTRACTSTATUS 1. Original Contract Amount $1,903,259.00 2. Net Change By Previous Change Order(s) $15,964.00 3. Current Contract Amount (1 +2) $1,903,259.00 4. This Change Order Total Amount $ 600.00 5. New Contract Amount (3 +4) $1,903,259.00 6. Total Cost Of All Change Orders To Date (2 +4) $16,564.00 7. Contingency to date (Original Amount $135,690.00) $119,126.00 Name Date Contract Change Order Project Name: Owasso Fire Station 1 Owner /Contractor: Owasso Fire Department Address: 201 S Cedar Street Owasso, OK 74055 Limestone Construction L-C. P.O. Box 1522, Owasso, OK 74055 Phone: (918) 510 -2021 Fax: (888) 671 -4959 Job Number: 23 -002 Change Order No: 6 Date: 4/23/24 Phone: ITEM NO. Description /Unit Breakdown /Unit Costs Cost (Indicate + or-) 1 Demo existing hose bib located at the North exterior wall of the Fitness Room and install a new $1,520.00 3. Current Contract Amount (1 +2) hose bib at the North wall of the Kitchen 4. This Change Order Total Amount $ 1,520.00 S. New Contract Amount (3 +4) $1,903,259.00 6. Total Cost Of All Change Orders To Date (2 +4) $18,084.00 7. Contingency to date (Original Amount $135,690.00) $117,606.00 SUBTOTAL FROM ATTACHED SHEETS (IF ANY) $0.00 SUBTOTAL (Labor & Materials) _ $ 1,520.00 TOTAL COST (This Change OrderOnly) _ $ 1,520.00 Change In Contract Duration/Time By This Change Order ( 1 )(Increase)(Decrease) 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) $16,564.00 3. Current Contract Amount (1 +2) $1,903,259.00 4. This Change Order Total Amount $ 1,520.00 S. New Contract Amount (3 +4) $1,903,259.00 6. Total Cost Of All Change Orders To Date (2 +4) $18,084.00 7. Contingency to date (Original Amount $135,690.00) $117,606.00 Date Contract Change Order Project Name: Owasso Fire Station 1 Owner /Contractor: Owasso Fire Department Address: 201 S Cedar Street Owasso, OK 74055 Limestone Construction LLC. P.O. Box 1522, Owasso, OK 74055 Phone: (918) 510-2021 Fax: (888) 671-4959 Job Number: 23 -002 Change Order No: 7 Date: 4/23/24 Phone: ITEM NO. Description /Unit Breakdown /Unit Costs Cost (Ind icate +or -) 1 Install new watter supply lines for owner provided ice machine $650.00 3. Current Contract Amount (1 +2) $1,903,259.00 4. This Change Order Total Amount $ 650.00 5. New Contract Amount (3 +4) $1,903,259.00 6. Total Cost Of All Change Orders To Date (2 +4) $18,734.00 7. Contingency to date (Original Amount $135,690.00) $116,956.00 SUBTOTAL FROM ATTACHED SHEETS (IF ANY) $0.00 SUBTOTAL (Labor & Materials) _ $ 650.00 TOTAL COST (This Change OrderOnly) =1 $ 650.00 Change In Contract Duration /Time By This Change Order ( 1 )(Increase) (Decrease) 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) $18,084.00 3. Current Contract Amount (1 +2) $1,903,259.00 4. This Change Order Total Amount $ 650.00 5. New Contract Amount (3 +4) $1,903,259.00 6. Total Cost Of All Change Orders To Date (2 +4) $18,734.00 7. Contingency to date (Original Amount $135,690.00) $116,956.00 Name Date Limestone Construction LLC. P.O. Box 1522, Owasso, OK 74055 Phone: (918) 510 -2021 Fax: (888) 671 -4959 Contract Change Order Project Name: Owasso Fire Station 1 Job Number: 23 -002 Owner /Contractor: Owasso Fire Department Change Order No: 8 Address: 201 S Cedar Street Date: 4/23/24 Owasso, OK Phone: 74055 ITEM NO. Description /Unit Breakdown /Unit Costs Cost (Indicate + or.) 1 Remove and replace 79 feet of 6' fencing with new pickets, backrails, gate, and hardware. $2,960.00 3. Current Contract Amount (1 +2) Existing steel posts will be reused. 4. This Change Order Total Amount $ 2,960.00 5. New Contract Amount (3 +4) $1,903,259.00 6. Total Cost Of All Change Orders To Date (2 +4) $21,694.00 7. Contingency to date (Original Amount $135,690.00) $113,996.00 SUBTOTAL FROM ATTACHED SHEETS (IF ANY) $0.00 SUBTOTAL (Labor & Materials) _ $ 2,960.00 TOTAL COST (This Change OrderOnly) _ $ 2,960.00 Change In Contract Duration /Time By This Change Order ( 1)(Increase)(Decrease) 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) $18,734.00 3. Current Contract Amount (1 +2) $1,903,259.00 4. This Change Order Total Amount $ 2,960.00 5. New Contract Amount (3 +4) $1,903,259.00 6. Total Cost Of All Change Orders To Date (2 +4) $21,694.00 7. Contingency to date (Original Amount $135,690.00) $113,996.00 rvame uaie Contract Change Order Project Name: Owasso Fire Station 1 Owner /Contractor: Owasso Fire Department Address: 2015 Cedar Street Owasso, OK 74055 Limestone Construction I.I.C. P.O. Box 1522, Owasso, OK 74055 Phone: (918) 510-2021 Fax: (888) 671-4959 Job Number: 23 -002 Change Order No: Date: 4/23/24 Phone: ITEM NO. Description /Unit Breakdown /Unit Costs Cost (Indicate + or -) 1 Provide and install (6) new GRU42 reflective photo eye sensors on the existing overhead doors. $5,252.00 $1,903,259.00 4. This Change Order Total Amount $ 5,252.00 5. New Contract Amount (3 +4) $1,903,259.00 6. Total Cost Of All Change Orders To Date (2 +4) $26,946.00 7. Contingency to date (Original Amount $135,690.00) $108,744.00 SUBTOTAL FROM ATTACHED SHEETS (IF ANY) $0.00 SUBTOTAL (Labor & Materials) = $ 5,252.00 TOTAL COST (This Change OrderOnly) _ $ 5,252.00 Change In Contract Duration /Time By This Change Order ( 1 )(Increase) (Decrease) 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) $21,694.00 3. Current Contract Amount (1 +2) $1,903,259.00 4. This Change Order Total Amount $ 5,252.00 5. New Contract Amount (3 +4) $1,903,259.00 6. Total Cost Of All Change Orders To Date (2 +4) $26,946.00 7. Contingency to date (Original Amount $135,690.00) $108,744.00 Limestone Construction LLC. P.O. Box 1522, Owasso, OK 74055 Phone: (918) 510 -2021 Fax: (888) 671 -4959 Contract Change Order Project Name: Owasso Fire Station 1 Job Number: 23 -002 Owner /Contractor: Owasso Fire Department Change Order No: 10 Address: 201 S Cedar Street Date: 5/9/24 Owasso, OK Phone: 74055 ITEM NO. Description /Unit Breakdown /Unit Costs Cost (indicate +or -) 1 Regrade ditches on North & West sides of the building. Provide and install rip rap at existing $14,425.00 3. Current Contract Amount (1 +2) retaining wall. Provide and install (3) 12'x12' inlets and 80 LF of 4" drain line to be tied 4. This Change Order Total Amount $ 14,425.00 into existing drain line. Reset downspout inlets. Remove lava rock at landscaping beds. $1,903,259.00 6. Total Cost Of All Change Orders To Date (2 +4) Sod graded areas 7. Contingency to date (Original Amount $135,690.00) $94,319.00 SUBTOTAL FROM ATTACHED SHEETS (IF ANY) $0.00 SUBTOTAL (Labor & Materials) _ $ 14,425.00 TOTAL COST (This Change OrderOnly) _ $ 14,425.00 Change In Contract Duration /Time By This Change Order (1)(Increase)(Decrease) BY 0 WORKING DAYS NEW CONTRACT COMPLETION DATE: CONTRACTSTATUS 1. Original Contract Amount $1,903,259.00 2. Net Change By Previous Change Order(s) $26,946.00 3. Current Contract Amount (1 +2) $1,903,259.00 4. This Change Order Total Amount $ 14,425.00 T New Contract Amount (3 +4) $1,903,259.00 6. Total Cost Of All Change Orders To Date (2 +4) $41,371.00 7. Contingency to date (Original Amount $135,690.00) $94,319.00 Limestone Construction U.C. P.O. Box 1522, Owasso, OK 74055 Phone; (918) 510-2021 Fax: f888) 671-4959 I Contract Chanize 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: 11 Date: 5/9/24 Phone: ITEM NO. Description /Unit Breakdown /Unit Costs Cost (Indicate +or -) 1 Saw cut and remove existing concrete and install new drain and piping for new $1,805.00 3. Current Contract Amount (1 +2) ice machine. 4. This Change Order Total Amount $ 1,805.00 5. New Contract Amount (3 +4) $1,903,259.00 6. Total Cost Of All Change Orders To Date (2 +4) $43,176.00 7. Contingency to date (Original Amount $135,690.00) $92,514.00 SUBTOTAL FROM ATTACHED SHEETS (IF ANY) $0.00 SUBTOTAL (Labor & Materials) _ $ 1,805.00 TOTAL COST (This Change OrderOnly) _ $ 1,805.00 Change In Contract Duration /Time By This Change Order ( 1)(Increase)(Decrease) 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) $41,371.00 3. Current Contract Amount (1 +2) $1,903,259.00 4. This Change Order Total Amount $ 1,805.00 5. New Contract Amount (3 +4) $1,903,259.00 6. Total Cost Of All Change Orders To Date (2 +4) $43,176.00 7. Contingency to date (Original Amount $135,690.00) $92,514.00 rveuic ve%c SECTION 00600 CHANGE ORDER PROJECT: Original Elm Creek Outfall Rehabilitation CHANGE ORDER NUMBER: I CONTRACT DATE: January 9, 2024 DATE: May 9, 2024 TO CONTRACTOR: Insituform Technologies CONTRACT FOR: Elm Creek Rehab The Contract is changed as follows: Delete item 6 (credit of $59,400.00), Change item 6 to CIPP 18" with additional fiber for increased depth (378LF @$265.00= $100,170.00)_ Increase item #4 by IOLF @ 290.00 = $2900.00; increase item #5 163 LF @174.00= $28,362.00;increase item 10 by 1 LF @$290= $290.00. Net change is $72,322.00. Additional footages are based on surveys and measurements done in the field for material order. No change to contract amount, no additional money is requested as Project Allowance will be utilized for change order. Not valid until signed by the Owner and Contractor The original Contract Sum was $ 1,182,640.00 Net change by previously authorized Change Orders $ $o The Contract Sum prior to this Change Order was $ 1,182,640.00 The Contract Sum will be (increased) (decreased) (unchanged) by this Change Order in the estimated amount of $ 0 The new Contract Sum including this Change Order will be $ 1,182,640.00 The Contract Time will be (increased) (decreased) (unchanged) by (—O_—) days. The date of Substantial Completion as of the date of this Change Order therefore is August 22. 2024. NOTE: This summary does not reflect changes in the Contract Sum Time which have been authorized by Construction Change Directive. Insituform Technologies CONTRACTOR 5033 Mosson Rd, Fort Worth, TX 76119 ADDRESS By Craig Nolen DATE 5/14/24 ADDRESS DATE SPECIAL PROVISIONS 0509 00900 - Page 1 of 4 iNSTIUFORM 7er.6ualayias, LLC May 3, 2024 Earl Farris The Owasso Public Works Authority CHANCE ORDER PROPOSAL 1 Elm Creels Sanitary Sewer Interceptor Rehabilitation (Insituform Job 182226) Earl, Please see below for detail regarding a change order to our project, reflecting the additional cost and neutral project budget impact to account for the actual (overall increased) footages surveyed, and the 21" line changing from 21" to 18" and 165' to 378': CO1.1 Delete Item k6 CIPP 21" 1651 1 LF Is 360.00 S 59.400.001 CO1.2 Change Item <6 to CIPP 18" and increase QTY 378 LF IS 265.00 5 100.170.00 CO1.3 Increase QTY Item 94 CIPP 15" 10 LF 5 290.00 S 2.900.00 CO1.4 Increase QTY Item #5 CIPP 18" 163 LF S 174.00 5 28.362.00 CO1.5 Increase OTY Item R10 CIPP 15" storm LF Is 290.00 5 290.00 CO1.6 Adjust Project Allowance 1 Allowance 15 72.322.001 5 f72.322.00 1Chana_e Order 1 5 !Contract Value 1 $1.182.640.00 Remaining Project Allowance Item IS 27.678.00 Upon review and approval, please sign and return via email to cnolen@aegion.com. Please let me know if you have any questions. Accepted By: AJyrd, Signature: Earl Farris Name Proiect Administrator Title City of Owasso Public Works Organization Respectfully, Craig Nolen Project Manager Insituform Technologies, Inc. Page 1 of 1 5/9/24 Date: CHANGE ORDER CITY OF OWASSO, OKLAHOMA OUTDOOR WARNING SYSTEM REPLACEMENT PROJECT Not valid until signed by the OWNER and CONTRACTOR CONTRACTOR: SafetyCom, Incorporated CONTRACT DATE: May 16, 2023 CHANGE ORDER NUMBER: Of CHANGE ORDER DATE: May 8, 2024 The Contract is changed as follows: The original Contract Sum was $868,525.00 Net change by previously authorized Change Orders $_o The Contract Sum prior to this Change Order was $ 868 525.00 The Contract Sum will be (increased) (decreased) by this Change Order in the amount of $ 2500.00 The new Contract Sum including this Change Order will be $ 871.025.00 The Contract Time will be(increased by sixty (60) days. The date of Substantial Completion as of the date of this Change Order therefore is June 30, 2024. The Scope of Work is hereby changed to add that the CONTRACTOR shall provide and install electric wiring and equipment to connect the Whelen Siren located at Site #17 (7327 North 177th East Avenue to the planned service connection from Public Service Company of Oklahoma. (SEALI Juliann Stevens, City Clerk APPROVED AS TO FORM CONTENT: Trout Lombard, City Attorney CONTRACTOR: David Miller, President (SEAL) 4-2 ATTEST:. Printed Name: Title: