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Home My WebLink About2005.02.01_City Council Agenda Ii \Agendas....Coullcil\2005\0201 doc Roll Call 4. Flag Salute '0 J. Invocation Pastor Charlie Curran, First Christian Church 2. Call to Order Mayor Kimball 1. AGENDA on 5:00 at and the and agenda filed in the January 28,2005. Regular February 1,2005 6:30 p.m. Council Chambers, Old Central Building 109 . Birch TYPE OF MEETING: DATE: TIME: PUBLIC NOTICE OF THE MEETING OF THE OW ASSO CITY COUNCIL H \Agendas\Council\2005\020 I doc Staff will recommend Council acceptance of the Bradford Park IV water and sanitary sewer systems. D. Acceptance of the water and sanitary sewer systems for the Bradford Park IV subdivision, located west ofN. 1291h East Avenue at E. nrd Street North. Attachment # 7- D Staff will recommend Council acceptance of the Owasso Medical Park sanitary sewer system. C. Acceptance of the sanitary sewer system for the Owasso Medical Park, located west of N 1291h East Avenue on E 101 sl Street North. Attachment # 7-C B. Approval of Claims. Attachment # 7-B A. Approval of Minutes of the January 18, 2005 Regular Meeting. Attachment # 7-A 7. Consideration and appropriate action relating to a request for Council approval of the Consent Agenda. All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non- debatable. Mr. Ray will introduce the Employee of the Month for Febmary 2005. 6. Presentation of Employee ofthe Month Mr. Ray 5. Presentation of the Character Trait of Forgiveness, followed by a Public Service Announcement. Dan Yancey, Owasso Character Council Owasso City Council Febmary 1,2005 Page 2 H-\Agcndas\Coullcil\2005\020! doc Staff will recommend Council approval of a contract between the City of Owasso and Faith Lutheran Church for the purchase of 4,200 square feet in the amount of $42,000; a contract between the City of Owasso and Lynn B. Freeman Revocable Living Tmst/ Freeman Constmction Company for the purchase of 1,980 square feet in the amount of $19,800; a contract between the City of Owasso and David Golzar for the purchase of 6,854.6 square feet in the amount of $68,546; a contract between the City of Owasso and Morton Family Tmst for the purchase of 3,298 square feet in the amount of $32,980; a contract between the City of Owasso and MTC Investments, Inc. for the purchase of 4,200 square feet in the amount of $42,000; a contract between the City of Owasso and Owasso 7 L.L.C. for the purchase of 40,281 square feet in the amount of $483,838; a contract between the City of Owasso and Owasso 20 L.L.c. for the purchase of 28,688 square feet in the amount of $286,880; a contract between the City of Owasso and Seayco-Owasso Market II for the purchase of 7,419.069 square feet in the amount of $74,190.69; a contract between the City of Owasso and Betty Smith for the purchase of 51,229.545 square feet in the amount of $533,496.25; and authorization for the Mayor to execute necessary documents for the purchase of right-of-way; and authorization for payment. 9. Consideration and appropriate action relating to a request for Council approval of contracts for the purchase of real property for the purpose of Right of Way acquisition for the E. 96th Street NOlih and N. Garnett Road Improvement Project and the Garnett Road Widening Project, authorization for the Mayor to execute all necessary documents relating to the purchase, and authorization for payment. Mr. Ray Attachment # 9 Staff will recommend Council approval of Amendment No.1 to the Engineering Service Agreement with C2A Engineering, Inc for the North Garnett Road Improvement Project in the amount of $22,408. 8. Consideration and appropriate action relating to a request for Council approval of an amendment to the Engineering Service Agreement for the North Garnett Road Improvement Proj ect. Ms. Stagg Attachment #8 Owasso City Council Febmary 1,2005 Page 3 Mayor Kimball and members of the Council presented to Owasso High School Baseball Coach Larry Turner, a proclamation recognizing the achievements of Coach Turner and his assistants and proclaiming Friday, January 21,2005, Larry Turner Day in the City of Ow as so. READING OF MAYOR'S PROCLAMATION ITEM 5. STAFF Rodney J. Ray, City Manager Ronald Cates, City Attorney A quomm was declared present. ABSENT PRESENT Susan Kimball, Mayor Craig Thoendel, Vice Mayor Steve Cataudella, Councilor Gary Cochran, Councilor Brent Colgan, Councilor ROLL CALL ITEM 4. Troop #99 presented the American and Oklahoma flags and led the flag salute. FLAG SALUTE ITEM 3. The invocation was offered by Reverend Kevin Laufer, Youth Pastor at Central Baptist Church. INVOCATION ITEM 2. The meeting was called to order at 6:31 p.m. CALL TO ORDER ITEM 1. The Owasso City Council met in regular session on Tuesday, January 18, 2005 in the Council Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 5:00 p.m. on Friday, January 14, 2005. OW ASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, January 18,2005 2 Mr. Warren presented the item. Mr. Colgan moved, seconded by Mr. Cataudella, that Council award the constmction of a six-pole lighting system for soccer field' J' at the Owasso Sports Park to Shawnee Lighting System of Shawnee, Oklahoma in the amount of$132,998.00. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL TO A WARD A CONTRACT FOR THE CONSTRUCTION OF SOCCER FIELD LIGHTING AT THE OWASSO SPORTS PARK. ITEM 8. Motion carried 5-0. YEA: Cataudella, Cochran, Colgan, Kimball, Thoendel NAY: None Mr. Cochran moved, seconded by Mr. Cataudella, to approve the Consent Agenda with claims totaling $289,807.76, self-insurance medical claims & fees totaling $71,883.89, and payroll claims for two pay periods totaling $516,517.98. B. Approval of Claims A. Approval of Minutes of the January 4, 2005 Regular Meeting and the January 11, 2005 Special Meeting. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA ITEM 7. Motion carried 5-0. YEA: Cataudella, Cochran, Colgan, Kimball, Thoendel NAY: None Mr. Fisher introduced Trish Houser, President of the Rotary Club, who presented to the Owasso Fire Department a Thermal Imaging Camera, a camera that distinguishes temperature differences rather than visible light. Mr. Fisher then presented the item for approval. Mr. Thoendel moved, seconded by Mr. Colgan, for Council acceptance of this donation from the Owasso Rotary Club. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL ACCEPTANCE OF A DONATION FROM THE OWASSO ROTARY CLUB OF A THERMAL IMAGING CAMERA, VALUED AT $11,300.00, FOR USE BY THE OWASSO FIRE DEPARTMENT. ITEM 6. January 18, 2005 Owasso City Council 3 Motion carried 5-0. YEA: Cataudella, Cochran, Colgan, Kimball, Thoendel NAY: None 1. All separate instmments shown on plat must be noted by book and page Mr. McCulley presented the item. Mr. Colgan moved, seconded by Mr. Cataudella, for Council approval of the Tyann Plaza Final Plat subject to appropriate action taken to satisfy the following T AC condition: ITEM 10. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE TY ANN PLAZA FINAL PLAT, PROPOSING A COMMERCIAL LOT ON 11.57 ACRES LOCATED SOUTH OF EAST 96TH STREET NORTH ON THE EAST SIDE OF THE OW ASSO EXPRESSWAY. Motion carried 5-0. YEA: Cataudella, Cochran, Colgan, Kimball, Thoendel NAY: None 1. Include in the deed of dedication that on-site detention will be required of each lot. 2. A turn-around will be required at the end of the service road. 3. West perimeter easement must be 17.5'. 4. Include utilities language in the plat's covenants. 5. Note the actual book and page for each easement shown on the plat. Mr. Wiles presented the item. Mr. Cataudella moved, seconded by Mr. Thoendel, for Council approval of the Hi-Point Final Plat subject to appropriate actions taken to satisfy the following T AC conditions: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE HI-POINT FINAL PLAT, PROPOSING FIVE COMMERCIAL LOTS ON 3.38 ACRES LOCATED 360' SOUTH OF HIGHWAY 20 ON THE EAST SIDE OF THE OW ASSO EXPRESSWAY. ITEM 9. Motion carried 5-0. YEA: Cataudella, Cochran, Colgan, Kimball, Thoendel NAY: None January 18, 2005 Owasso City Council 4 Motion carried 5-0. YEA: Cataudella, Cochran, Colgan, Kimball, Thoendel NAY: None Mr. Ray presented the item. Mr. Colgan moved, seconded by Mr. Thoendel, for Council approval of a contract between the City of Owasso and 96th & Garnett, L.L.C. for the purchase of .54 acres in the amount of $277,345.24; a contract between the City of Owasso and Legacy Sales & Leasing for the purchase of .23 acres in the amount of $98,760.00; a contract between the City of Owasso and Owasso 20, L.L.C. for the purchase of .45 acres in the amount of $197,938.64; a contract between the City of Owasso and Owasso 7, L.L.c. for the purchase of .89 acres in the amount of $484,923.82; a Like Kind Exchange Agreement between the City of Owasso and D.M. Sokolosky and Phyllis Sokolosky as Tmstees of the D.M. Sokolosky Living Tmst created by Declaration of Tmst dated December 20, 1990; and authorization for the Mayor to execute necessary documents for the purchase of the right of way and the Like Kind Exchange, and authorization of payment. ITEM 1 CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROV AL OF CONTRACTS FOR THE PURCHASE OF REAL PROPERTY FOR THE PURPOSE OF RIGHT OF WAY ACQUISITION FOR THE EAST 96TH STREET NORTH AND NORTH GARNETT ROAD IMPROVEMENT PROJECT AND THE GARNETT ROAD WIDENING PROJECT, AUTHORIZATION FOR THE MAYOR TO EXECUTE ALL NECESSARY DOCUMENTS RELATING TO THE PURCHASE, AND AUTHORIZATION FOR PAYMENT. Motion carried 5-0. YEA: Cataudella, Cochran, Colgan, Kimball, Thoendel NAY: None Mr. Chambless presented the item. Mr. Cochran moved, seconded by Mr. Cataudella, for Council approval of an amendment to the FY 2004..05 General Fund Budget wherein anticipated revenues are increased by $1,436.00 as a result of receiving the 2004 Local Law Enforcement Block Grant, and approval of a supplemental appropriation to the General Fund's Police Services 2004..05 Budget in the amount of $1 ,436.00. ITEM 11. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF AN AMENDMENT TO THE FY 2004-05 GENERAL FUND BUDGET; AND, REQUEST FOR COUNCIL APPRO V AL OF A SUPPLEMENT AL APPROPRIATION TO THE GENERAL FUND, POLICE SERVICES BUDGET. January 18, 2005 Owasso City Council 5 None ITEM 16. REPORT FROM CITY ATTORNEY None ITEM 15. REPORT FROM CITY MANAGER Motion carried 5-0. YEA: Cataudella, Cochran, Colgan, Kimball, Thoendel NAY: None Mr. Ray presented the item. Mr. Colgan moved, seconded by Mr. Cochran, for Council approval of a transfer in the amount of $71,250.00 from the General Fund to the Owasso Economic Development Authority Fund for the purpose of fully funding the expenses associated with the Vanguard Car Rental Loan Agreement and Revenue Anticipation Note. ITEM 14. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A SUPPLEMENT AL APPROPRIATION TO THE GENERAL FUND'S INTERFUND TRANSFERS INCREASING TRANSFERS FROM THE GENERAL FUND TO THE OW ASSO ECONOMIC DEVELOPMENT AUTHORITY FUND IN THE AMOUNT OF $71,250.00; AUTHORIZING PAYMENT OF SUCH TRANSFER TO THE OW ASSO ECONOMIC DEVELOPMENT AUTHORITY FUND Motion carried 4-1. YEA: Cataudella, Cochran, Colgan, Kimball NAY: Thoendel Mr. Ray presented the item. Mr. Cochran moved, seconded by Mr. Cataudella, for Council approval of Resolution No. 2005-01 and authorization of the Mayor to execute all necessary documents. ITEM 13. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF RESOLUTION NO. 2005-01, A RESOLUTION AUTHORIZING A LOAN AGREEMENT AND REVENUE ANTICIPATION NOTE BETWEEN THE CITY OF OWASSO AND THE OW ASSO ECONOMIC DEVELOPMENT AUTHORITY, AND AUTHORIZATION OF THE MAYOR TO EXECUTE ALL NECESSARY DOCUMENTS RELATED THERETO January 18, 2005 Owasso City Council 6 Pat Fry, Minute Clerk Susan Kimball, Mayor Motion canoied 5-0 and the meeting was adjoumed at 7:20 p.m. YEA: Cataudella, Cochran, Colgan, Kimball, Thoendel NAY: None Mr. Cataudella moved, seconded by Mr. Thoendel, to adjourn. ITEM 19. ADJOURNMENT None ITEM 18. NEW BUSINESS Mayor Kimball thanked Troop #99 for the excellent presentation of the Colors. She also welcomed members of the Rotary Club who were in attendance. ITEM 17. REPORT FROM CITY COUNCILORS January 18, 2005 Owasso City Council 80.99 397.52 30.00 508.51 111.39 4.00 20.87 3,665.25 3,801.51 72.59 469.51 29.90 660.00 365.10 336.00 843.64 625.00 110.00 110.00 3,621.74 115.91 9.69 665.00 40.41 38.88 869.89 26.54 30.60 400.00 42.30 302.63 180.96 150.00 1,075.89 300.00 300.00 100.00 50.00 150.00 AMOUNT BOOTS-GRAVES BOOKS/PRINTING MEMBERSHIP DUES-STAGG ENGINEERING DEPT TOTAL GELLCO SAFETY SHOES TRIAD PRINTING OKLAHOMA TRAFFIC ENGINEERING OFFICE SUPPLIES VEHICLE WASH MEETING EXPENSE MEMBERSHIP DUES FY 04/05 COMMUNITY DEVELOPMENT DEPT TOTAL OFFICE DEPOT TREASURER PETTY CASH TREASURER PETTY CASH INCOG OFFICE SUPPLIES COPIER MAl NT/SUPPLIES MAT SERVICES MOWING ADMIN ASSISTANCE-CDBG 03 LEGAL NOTICES PHONE USE LEGISLATIVE ASSESSMENT FY 04/05 FILING FEE NOTARY FEES GENERAL GOVERNMENT DEPT TOTAL OFFICE DEPOT IKON OFFICE SOLUTIONS CINTAS CORPORATION LELAND BARTEL INCOG NEIGHBOR NEWSPAPER SOUTHWESTERN BELL INCOG TREASURER PETTY CASH TREASURER PETTY CASH OFFICE SUPPLIES CHARACTER COUNCIL BANNERS EMPLOYMENT ADS MILEAGE-HUNT HUMAN RESOURCES DEPT TOTAL OFFICE DEPOT TREASURER PETTY CASH A N Z SIGNS WORLD PUBLISHING COMPANY TREASURER PETTY CASH OFFICE SUPPLIES MILEAGE-BISHOP FINANCE DEPT TOTAL OFFICE DEPOT TREASURER PETTY CASH TICKETS CITY MGR EXPENSES OFFICE SUPPLIES MEETING EXPENSE EMPLOYEE RECOGNITION MANAGERIAL DEPT TOTAL OWASSO EDUCATION FOUNDATION TREASURER PETTY CASH OFFICE DEPOT TREASURER PETTY CASH CUSTOM CRAFT AWARDS BAILIFF DUTIES MUNICIPAL COURT DEPT TOTAL BAILEY, MATT REFUND-REZONING APP REFUND REFUND TOTAL BOND, SEAN OR SHANNON HARVEST CHRISTIAN CHURCH DESCRIPTION VENDOR CITY OF OWASSO CLAIMS TO BE PAID 02/01/05 VENDOR DESCRIPTION AMOUNT AT&T WIRELESS PHONE USE-HOUGHTON 36.47 CARD CENTER TRAVEL-WILLSON 188.80 TERESA WILLSON LODGING-REIMBURSEMENT 439.80 INFORMATION SYSTEMS DE?T TOTAL 665.07 OFFICE DEPOT OFFICE SUPPLIES 38.69 LOWES COMPANIES MAINT SUPPLIES 167.76 OKLAHOMA LIGHTING DISTRIBUTORS LIGHTING SUPPLIES 95.85 CLASSIC ELECTRIC REPAIR MAINT 100.00 ACCURATE FIRE EQUIPMENT MAINT SERVICE 48.00 PAM DISTRIBUTING PARTS SUPPLIES 160.33 QUIKSERVICE STEEL SUPPLIES 63.60 UNIFIRST CORPORATION UNIFORM RENTAL 64.16 GELLCO SAFETY SHOES BOOTS-T A YLORlBUSBY 260.00 REDLEE JANITORIAL SERVICES 274.88 A PLUS SERVICE SERVICE HEATING UNIT 100.00 RED BUD AIR FILTER AIR FILTERS 628.71 DISTRICT II PROBATION COMMUNITY DOC WORKER PROGRAM 242.14 TREASURER PETTY CASH DOC LUNCHES 45.51 SUPPORT SERVICES DEPT TOTAL COX, H BURL TUITION REIMBURSEMENT 975.00 OFFICE DEPOT OFFICE SUPPLIES 284.68 ONYX CORPORATION TONER CARTRIDGES 89.90 ONYX CORPORATION TONER CARTRIDGES 129.90 JOES PRINT SHOP PRINTING 105.00 SAV-ON PRINTING PRINTING 191.03 SAV-ON PRINTING PRINTING 32.00 WAL-MART COMMUNITY BATTERIES 9.83 ALLIANCE MEDICAL RUBBER GLOVES 228.51 AN Z SIGNS DECAL 45.00 TREASURER PETTY CASH OPERATING SUPPLIES 67.06 PATROL TECHNOLOGY HOLSTER REPLACEMENT-DENTON 84.00 PATROL TECHNOLOGY BRASS BADGES 350.00 PATROL TECHNOLOGY UNIFORMS/GEAR 1 ,437.15 EMBLEM ENTERPRISES EMBLEM BADGES 167.00 LENOX WRECKER SERVICE TOWING CHARGES 77.00 INTEGRIS HEALTH PHYSICAL-WOODRUFF 450.00 STATE OF OKLA BOARD OF TESTS REQUALlFICATIONS INTOXL YZER 130.00 SOUTHWESTERN BELL PHONE USE 843.64 MOZINGO, WM PER DIEM 70.00 KLAHR, TONY PER DIEM 70.00 PUBLIC AGENCY TRAINING COUNCIL TRAI N I NG-MOZI NGO-KLAH R 550.00 TREASURER PETTY CASH MEETING EXPENSE 10.00 TREASURER PETTY CASH PARKING FEE 5.00 IACP ANNUAL DUES-YANCEY 100.00 MCCOY'S LAW LINE SPEED TRAILER 7,200.00 AN Z SIGNS VEHICLE LETTERING 400.00 POLICE DEPT TOTAL 14,101.70 ONYX CORPORATION TONER CARTRIDGES 155.85 VENDOR DESCRIPTION AMOUNT SCOTT MEDICAL CLINIC HEP B VACCINATION 65.00 TULSA ERGONOMIC CONSULTANTS WORK STATION ANALYSIS 375.00 INFORMATION TECHNOLOGY DIGITAL CAMERA 710.00 WAL-MART COMMUNITY PRISONER MEALS 90.08 TREASURER PETTY CASH JAIL SUPPLIES 33.83 DEPT OF PUBLIC SAFETY OLETS RENTAL 350.00 POLICE COMMUNICATiONS DEPT TOTAL HILLS PET NUTRITION SHELTER SUPPLIES 37.50 WAL-MART COMMUNITY SHELTER SUPPLIES 22.90 PATROL TECHNOLOGY UNIFORM PANTS 140.00 CITY OF TULSA DEPT OF FINANCE EUTHANASIA SERVICES 80.00 THREE LAKES LAUNDRY BUNDLE LAUNDRY 11.00 NORTH STAR PUMP SPRAY WASHER 315.08 ANIMAL CONTROL DEPT TOTAL 606.48 OFFICE DEPOT OFFICE SUPPLIES 65.61 LOWES COMPANIES MAl NT SUPPLIES 291.30 O'REILLY AUTOMOTIVE WASHING BRUSHES 38.98 GALL'S SHIRTS 87.97 REFLEXITE CORP COMPANY DESIGNATORS 281.55 YALE UNIFORM RENTAL UNIFORM RENTAL 369.20 CROW BURLINGAME REPAIR PARTS 86.28 L.OWES COMPANIES MAINT SUPPLIES 22.12 MAXWELL SUPPL. Y MAINT SUPPLIES 251.51 TAYLORMADE LOCK & KEY L.OCK RE-KEYING 80.00 BMISYSTEMS COPIER RENTAL./MAINT 177.64 IRBY, STEVE PER DIEM 42.00 WAKLEY, JOE PER DIEM 42.00 THOMPSON, DENNIS PER DIEM 42.00 FIRE DEPT TOTAL 1,878.16 OFFICE DEPOT OFFICE SUPPLIES 2.34 VERDIGRIS VALLEY ELECTRIC ELECTRICITY FOR SIRENS 46.24 EMERGENCY PREPAREDNESS DEPT TOTAL 48.58 LOWES COMPANIES REPAIR/MAl NT SUPPLIES 47.15 GEORGE & GEORGE SAFETY UNIFORMS/PROT CL.OTHING 23.05 UNIFIRST CORPORATION UNIFORMS/PROT CLOTHING 104.11 T-SHIRT EXPRESS CAPS 46.67 TULSA COUNTY BOCC STREET/MISC SIGNS 305.25 OWASSO FENCE REPAIR FENCE 165.00 EQUIPMENT ONE SAW 50.00 SIGNAL TEK REPAIR/MAl NT SERVICE 360.00 LOWES COMPANIES SAFETY FENCE 149.79 TWIN CITIES READY MIX CONCRETE-FAIRWAYS 612.00 STREETS DEPT TOTAL 1,863.02 GRAINGER OIL SORBENT 96.71 WATER PRODUCTS STORM GRATE 120.00 BROWN FARMS SOD SOD 110.00 VENDOR DESCRIPTION AMOUNT GEORGE & GEORGE SAFETY UNIFORMS/PROT CLOTHING 23.05 UNIFIRST CORPORATION UNIFORMS/PROT CLOTHING 33.14 T-SHIRT EXPRESS CAPS 46.67 EQUIPMENT ONE TRAC HOE RENTAL 138.00 STORMWATER DEPT TOTAL OFFICE DEPOT OFFICE SUPPLIES 4.92 LOWES COMPANIES MAINT SUPPLIES 35.28 A TWOODS FLOOD LIGHTS 39.80 WAL-MART COMMUNITY MAINT SUPPLIES 5.12 VINES MINI-STORAGE YEARLY RENTAL 480.00 CORBIN, TED L. ANIMAL RELOCATORS ANIMAL RELOCATION 882.00 WASHINGTON CO RWD 3 WATER-MCCARTY PARK 12.50 BAILEY EQUIPMENT GRAVELY MOWER 6,131.27 CLASSIC CHEVROLET TRUCK 14,950.00 PARKS DEPT TOTAL 22,540.89 AT&T WIRELESS PHONE USE-VAN 10.00 COMMUNITY CENTER DEPT TOTAL 10.00 LOWES COMPANIES MAINT SUPPLIES 63.13 HISTORICAL MUSEUM DEPT TOTAL OFFICE DEPOT OFFICE SUPPLIES 2.46 FURSTENBERG & ASSOCIATES AERIAL PHOTOGRAPHY 185.00 TRIAD PRINTING PRINTING/BINDING 256.20 UNIVERSITY OF TULSA LUNCHEON TICKETS 40.00 TREASURER PETTY CASH OEDA MEETING 13.04 OK ECONOMIC DEVELOPMENT COUNCIL OEDC DUES 150.00 NATIONAL BUSINESS INCUBATION ASSOC MEMBERSHIP DUES 225.00 CARD CENTER INTERNET 30.00 ECONOMIC DEVELOPMENT DEPT TOTAL 901.70 GENERAL FUND TOTAL 57,700.37 ALLIANCE MEDICAL AMBULANCE SUPPLIES 3,284.93 PACE PRODUCTS AMBULANCE SUPPLIES 252.00 CROW BURLINGAME REPAIR PARTS 9.99 GALLES JEFFERY DO EMS MONTHLY AUDITS 250.00 WORKS & LENTZ COLLECTION FEES 94.61 MEDICLAIMS MONTHL Y SERVICES 3,186.05 STUCKEY,MARK LODGING-STUCKEY 333.76 AMBULANCE SERVICE FUND TOTAL 7,411.34 INCOG STORMWATER MGMT FY 04/05 977.75 STORMWATER MGMT FUND TOTAL 977.75 BROWN FARMS SOD SOD 165.00 TULSA COUNTY COURT PROPERTY ACQUISITION 86,658.00 HOME DEPOT USA STREET IMPROVEMENTS 3,656.16 BECCO CONTRACTORS US 169/96 ST N -7/20/04 85,918.07 266,963.67 875.51 300.00 1,857.74 3,033.25 2,401.20 341.05 372.06 51.12 1,427.41 787.78 607.14 2,189.21 45.64 180.42 237.50 269.08 269.08 528.00 528.00 10,234.69 25.21 54.96 12.50 60.00 67.64 103.32 15.00 622.33 244.08 2,704.74 402.06 110.95 597.24 117.12 4,767.15 61.18 769.56 10,735.04 124.00 124.00 350.00 176,747.23 AMOUNT GRAND TOTAL AUTO BODY REPAIR PICKUP REPAIR TORT CLAIM SELF INSURANCE FUND TOTAL R10163 G02264 R10163 R10114 W07294 R10163 P03014 R10163 B09294 S10294 C08054 TTD PAYMENTS TTD PAYMENTS SETTLEMENT Y06133 WORKERS COMP FUND TOTAL OFFICE SUPPLIES REPAIR PARTS REPAIR PARTS WELDING RODS HAND CLEANER UNIFORM RENTAL DECALS REPAIR PARTS REPAIR PARTS REPAIR PARTS REPAIR PARTS REPAIR PARTS OIL/LUBRICANTS REPAIR PARTS REPAIR PARTS REPAIR PARTS TIRES CiTY GARAGE FUND TOTAL EQUIP FOR ENGINE I FIRE CAPITAL FUND TOTAL CONSTRUCTION PROGRESS SIGNS CAPITAL IMPROVEMENTS FUND TOTAL DESCRIPTION COLLISION CENTER OF OWASSO JIM LANGS UPHOLSTERY SEIM, MITCHELL ORTHOPEDIC HOSPITAL OF OK ASSOCIATED ANESTHESIOLOGISTS ASSOCIATED ANESTHESIOLOGISTS CENTRAL STATES ORTHOPEDIC CENTRAL STATES ORTHOPEDIC CENTRAL STATES ORTHOPEDIC CENTRAL STATES ORTHOPEDIC HENDRICKS, RANDALL MD WALGREEN COMPANY OWASSO PHYSICAL THERAPY CLINIC OWASSO PHYSICAL THERAPY CLINIC JAM PETRO, T CIO CRAIG ARMSTRONG, ATTY JAMPETRO, T CIO CRAIG ARMSTRONG, ATTY BARTHOLOMEW, WALT YORK, J CIO BRYCE A HILL, HIS ATTORNEY OFFICE DEPOT O'REILLY AUTOMOTIVE WELSCO WELSCO ZEP MFG UNIFIRST CORPORATION A N Z SIGNS O'REILLY AUTOMOTIVE GENUINE PARTS COMPANY CLASSIC CHEVROLET TULSA NEW HOLLAND OK TRUCK SUPPLY B & M OIL COMPANY FRONTIER INTERNATIONAL TRUCKS ALSUMA TRUCK REPAIR AMERICAN HOSE & SUPPLY T&W TIRE CASCO INDUSTRIES A-OK SIGNS VENDOR 951.48 951.48 1,263.70 1,979.20 1,042.00 ~~ 4,284.90 31,288.00 31,288.00 AMOUNT HEALTHCARE SELF iNSURANCE FUND TOTAL VISION MEDICAL SERVICE VISiON DEPT TOTAL DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE DENTAL DEPT TOTAL HEAL THCARE MEDICAL SERVICE HEAL THCARE DEPT TOTAL DESCRIPTION. VSP DELTA DENTAL DELTA DENTAL DELTA DENTAL AETNA VENDOR CITY OF OWASO HEAL THCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 Worker's Camp Self-Insurance Fund Ambulance Fund Garage Fund 1/22/2005 CITY OF OWASSO GENERAL FUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE A. Location Map B. ODEQ Pennit C. Maintenance Bond D. Washington Co. RWD 3 Letter ATTACHMENTS: Staff recommends Council acceptance of the Owasso Medical Park sanitary sewer system. RECOMMENDATION: Final inspection for the sanitary sewer system was conducted on January 21, 2005. All items identified at the final inspection requiring cOl1'ection to meet City standards have been completed. The constmction contractor has provided the required one-year maintenance bond for the system. FINAL INSPECTIONS: The subj ect commercial development is located west of North 129th East Avenue on East 101 st Street North (see attached map). The sanitary sewer system consists of approximately 1,622 feet of eight (8) inch PVC sanitary sewer line. Washington County RWD 3 supplies the water service. Design of the sanitary sewer system was reviewed and approved in December 2004. BACKGROUND: DATE: January 25,2005 SUBJECT: ACCEPTANCE OF SANITARY OWASSO MEDICAL PARK ALEXANDER PROJECT MANAGER TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO MEMORANDUM prlntod on recyclod pnpnr wllh BOY Ink q" '1,," 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101.1677 c: Malek E. Elkhoury, P.E., Khoury Engineering, Inc. Rick Austin, R.S., Regional Manager, DEQ Tulsa DEQ Office Enclosure rrw lab/jh . ;;:f,n~~^', --. Receipt of thls8erm!t~hdUld be noted in the minutes of the next regular meeting of the City of Owasso Public Works Dep'l:#r.n~!l(:a.fterwhich it should be made a matter of permanent record. ~:~: \, .\~!~t1..t"?, \ \~rr.,: - "~, We are retuhling'.one(1) set of the approved plans to you and retaining one (1) set for our files. ::: \, \-::;','~.;!:~~' ~. " VipURours. ... Tim Ward, P.E. DWSRF/Construction Permit Section Water Quality Division The project authorized by this permit should be constructed in accordance with the plans approved by this Department on. January 6, 2005. Any deviations from the approved plans and specifications affecting capacity, flow or oper(3tion of units must be approved, in writing, by the Department before changes are made. Enclosed is Permit No. Sl000072041385 for the construction of 1,622 linear feet of eight (8) inch PVC sanitary sewer line and all appurtenances to serve the Owasso Medical Park, City of Owasso, Tulsa County, Oklahoma. Dear Ms. Stagg: Re: Permit No. Sl000072041385 Owasso Medical Park Sanitary Sewer line Extension S-21310 Ana Stagg, P.E. City of Owasso Public Works Department 301 West Second Avenue Oklahoma 74055 January 6, 2005 BRAD HENRY Governor OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY STEVEN A. THOMPSON Executive Director OKLAHOMA DEIAIIMftH Of ENYlRONMENTAI QUAlifY ,..,. 0 U 8"""'-"'. IIUW.L....U'fd U u..,..v Attach Power of Attorney -in-Fact Surety , Principal SIGNED, SEALED, AND DATED: January 6, 2005 NOW, THEREFORE, WE CONDffiON OF THIS OBLIGATIONS IS SUCH that the Principal and/or Surety shaH indemnify the Obligee for all loss that the Obligee may sustain by reason of nuy defective materials or workmanship in the privately financed public improvement which may become apparent during the said period. 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 sai.d period. ~_ yeans) after final approval of the sanitary se",!er Installed 9i,Owasso Medical Park WHEREAS, the Principal will furnish a bond conditioned to guarantee, for the period of severally, firmly by these presents. ourselves, and each of our heirs, executors, administrators, successors, and assigns jointly and as Principal (Developer and Contractor), and Mld-Cont[nen.LCas~CompanL________ as SuretY.l are held and firnlly bound unto the City of Owasso, as Obligee, in the penal sum of Sixty rive Thousand Seven Hundred Fourteen Dollars and 00/100 ~I14..00l~___~~_ to which payment will and truly to be made, we do bind KNOW ALL MEN BY THESE PRESENTS, That we Bond No. 8D-0090196 Maintemuu:e Bond PRIVATELY FINANCED PUBLIC IMPROVEMENTS .\, ATTACHMENT G .. Jerry Garrmrlll District Manager Sincerely, rl~ ;j~ Washington County Rural Water District #3 has :received all requirements for OWaBSO Medical Park, 7 lots in Section 17, T21N, R14E, as per recorded plat in Tulsa County and will be approved at the February 14,2005 board meeting. City of Owasso Pllblic W ork.~ Dept A~ntion:Brandon FAX 2724996 January 7,2005 ~ Rural Water District No.3 Wsshing1;On County. Oklahoma P.O. 80x 70 Collinsvllle. Okhshoma 74021-0070 Tel. 371 "2055 FAX 371-3864 1-800-722-0358 Re\ay-TDD -= t;:;::;: =- :~ U""1l. g R r"\.""'1I DUWI!I Lr-II"t1 B ~ A. Location Map B. Maintenance Bond C. ODEQ Permits A TT ACHMENTS: Staff recommends Council acceptance of the Bradford Park IV sanitary sewer and water systems. RECOMMENDATION: Final inspection for the sanitary sewer and water system for Phase IV was conducted on December 29, 2004. All items identified at the final inspection requiring correction to meet city standards have been completed. The construction contractor has provided the required one-year maintenance bond for the systems. FINAL INSPECTIONS: The subject residential development is located west of N. l29th East Avenue at E. 73 rd Street North (see attached map). The sanitary sewer system consists of approximately 610 feet of eight (8) inch PVC sanitary sewer line. The water system consists of approximately 2,117 feet of six (6) inch PVC water line. Design of the sanitary sewer and water systems were reviewed and approved in August 2000. The ODEQ permit for this phase is included in the overall permit acquired for all phases of this project in September 2000. !tACKGROUND: DATE: January 31,2005 SUBJECT: ACCEPTANCE OF WATER AND SANITARY SEWER SYSTEMS BRADFORD PARK IV J,B. ALEXANDER PROJECT MANAGER TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OW ASSO MEMORANDUM Attach Power of' Attorney , Surety Victore Insurance Company I~Y: j)-2,bw-~ gxn~ Deborah J. Morris , Attorney-in-Fact ,.---: ------= ~~ (~ BY,:-=-./ ~ .. , Principal Ashlock Dozer Service August 12th, 2004 SIGNED, SEALED, AND DATED: may become apparent during the said period. any defective materials or workmanship in the privately financed public improvement which and/or Surety shall indemnify the Obligee for all loss that the Obligee may sustain by reason of NOW, THEREFORE, THE CONDITION OF THIS OBLIGATIONS IS SUCH that the Principal such privately financed public improvement during said period. of Owasso, against all defects in workmanship and materials which may become apparent in a privately financed public improvement, and acceptance of such by the City Council of the City Baptist ViJJage Retirement Communities at Bradford Park Addition. one year(s) after final approval of the Water lines and Sanitary sewer ~ WHEREAS, the Principal will furnish a bond conditioned to guarantee, for the period of severally, firmly by these presents. ourselves, and each of our heirs, executors, administrators, successors, and assigns jointly and Surety, arc held and firmly bound unto the City of Owasso, as Obligee, in the penal sum of For eight thousand . JA' . two h,undred and 001JJ2~~) to which payment will and truly to be made, we do bind as Principal (Developer and Contractor), and V:i.ctore Insurance Compa~.______ as KNOW ALL MEN BY THESE PRESENTS, That we Ashlock Dozer Serv:i.ce Bond No.17527 Maintenance Bond PIUV ATELY FINANCED PUBLIC IMPROVEMENTS ATTACHMENT B President ~ vS~~ CERTIFICATE I, the undersigned, President of VICTORE INSURANCE COMPANY a corporation of the State of Oklahoma DO HEREBY CERTIFY that the foregoing and attached Power of Attomey and Certificate of Authority remains in full force and has not been revoked; and furthermore. that the Resolution of the Board of Directors. as set forth in the Certificate of Authority; arc now in force. 12th August 2004 Signed IInd Scaled at Ihe said Company III Oklahoma City, Oklahomll, dated this ___ day of ________~__ .. In Testimony Whereof, I have hereunto set my hand, and affixed by official seal at Oklahoma City, Oklahoma the day and year written above. c1~t. ~L Tracy L. Kyle Notary Public, Canadian County, Oklahoma City, Oklahoma My Commission Expires _ MARCH 10, 2006 Commission No. 02002173 On this 5th day of JANUARY , 2iliM before me, a Notary Public of the State of Oklahoma in and for the county of Oklahoma came Altus E. Wilder, III, to me personally known to be the individual and officer described herein, and who executed the preceding instrument and acknowledged the execution of the same, and being by me duly sworn, deposed and said, that he is the officer of said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and signatures as an offIcer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that the resolution of said Company, referred to in the preceding instrument, is now in force. ~ ~vS~~ Altus E. Wilder, III (STATE OF OKLAHOMA) (COUNTY OF OKLAHOMA) IN WITNESS WHEREOF VICTORE INSURANCE COMPANY has caused these presents to be signed by its President and its corporate seal to be affixed this_____ 5th day of January _, 2.QQ4. "Resolved, that the signature of the Olairman, Vice Chairman, President, Executive Vice President, Senior Vice President, Vice President and Assistant Vice Presidents and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signatures and seal shall be valid and binding on the company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company" This Power of Attorney is signed and sealed by facsimile under authority of the following Resolution adopted by the Board of Directors of the Company at a meeting called and held on the 14th day of May, 2001. All bonds or undertakings, except Bail Bonds not to exceed on any single instrument M ***************375,000.00*************** its tme and lawful Attorney(s)-in-Fact, with full power and authority hereby conferTed in its name, place and stead, to sign, execute, acknowledge and deliver on its behalf, and as its act and deed, as follows: "That the President may from time to time appoint Attorneys-in-Fact, and Agents to act for and on behalf of the Company and he may give any such appointee such authority as his certificate and other writings obligatory in nature of a bond, and such officer or the Board of Directors may at any time remove such llppointee and revoke the power and authority given him" does hereby make and appoint: ***./OIlN S. WHEELER, BRADLEY L McCRORY, ROBERT Co BATES, DEBORAH J. MORRIS*** That VICTORE INSURANCE COMPANY a COrlxJration duly organized under the laws or the Slate of Oklahollla, having its principal office in Oklahoma City, Oklaholllll pursuant to the following resolution which is now in full force and effect: KNOW ALL MEN BY THI1SE PRESENTS: POWER Of AITORNEY 1 7 i ,1 8 VICTORE INSURANCE COMPANY 4334 NW EXI'RK';SWAY, surm 151 OKLAHOMA CITY, OK 73116.1574 printed on reoyoled papar with noy Ink n '(.~~ 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101.1677 c: Thomas James Cobb, P.E., Breisch & Associates, Inc. Mary Randolph, PWS District Representative, DEQ Rick Austin, R.S., Regional Director, DEQ Nathan Kuhnert, Planning & Management Division, OWRB .. Enclosure RWC/HJT Iso 9/h-o (bc.{k__ ~k~n, P.E. DWSRF/Construction Permit Section Water Quality Division Very truly yours, We are returning one (1) set of the approved plans to you, sending one (1) set to your engineer and retaining one (1) set for our files. Receipt of this permit should be noted in the minutes of the next regular meeting of the City of Owasso, after which it should be made a matter of permanent record. The project authorized by this permit should be constructed in accordance with the plans approved by this department on September 18, 2000. Any deviations from the approved plans and specifications affecting capacity, flow or operation of units must be approved, in writing, by the Department before changes are made. Enclosed is Permit No. WL000072000945 for the construction of 4,372 linear feet of six (6) inch PVC water line plus all appurten~nces to serve the Bradford Park water line extension, City of Owasso, Tulsa County, Oklahoma. Dear Mr. Carr: Re: Permit No. WL000072000945 Bradford Park Water Line Extension PWSID No. 3002718 Robert Carr, Jr., P.E., Director of Public Works City of Owasso Post Office Box 1 80 Owasso, Oklahoma 74055-0180 September 18, 2000 OKLAHOMA DEPAiTMENT OF ENVIRONMENTAl QUAlItY MARK COLEMAN Exewlive Director fRANK KEATING Governor OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY ATTACHMENT C prlntod on recycled paper with soy Ink '" t~~ 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101" 1677 c: Thomas J. Cobb, P.E., Breisch & Associates, Inc. Wayne Craney, P.E., WPC Section Manager, DEQ Rick Austin, R.S., Regional Director, DEQ .. Enclosure RWC/HJT Iso Very truly yours, CR~~ DWSRF/Construction Permit Section Water Quality Division We are returning one (1) set of the approved plans to you and retaining one (1) set for our files. Receipt of this permit should be noted in the minutes of the next regular meeting of the City of Owasso, after which it should be made a matter of permanent record. The project authorized by this permit should be constructed in accordance with the plans approved by this department on September 18, 2000. Any deviations from the approved plans and specifications affecting capacity, flow or operation of units must be approved, in writing, by the Department before changes are made. Enclosed is Permit No. SL000072000946 for the construction of 2,932 linear feet of eight (8) inch PVC sewer line plus all appurtenances to serve the Bradford Park sewer line extension, City of Owasso, Tulsa County, Oklahoma. Dear Mr. Carr: Re: Permit No. SL000072000946 Bradford Park Sewer Line Extension S-21 310 F. Robert Carr, Jr., P.L, Director of Public Works City of Owasso Post Office Box 180 207 South Cedar Owasso, Oklahoma 740505-0180 September 18, 2000 OKLAHOMA DEPARTMENT Of ENVIRONMENTAL QUAlITY MARK COLEMAN Executive Director FRANK KEATING Governor OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY ,'- -.- E. 86th Street North and N. Garnett Road Improvements: Modifications to the signalization at the intersection with E. 86th Street North were not included in the original Scope of Services. The Fire Station Traffic Signal: Fire Department personnel requested the installation of an additional traffic signal (near the Fire Station) to allow for speedy, emergency access to North Garnett Road. The signal is to remain green unless automated by fire station personnel. AMENDMENT NUMBER 1: On January 5, 2005, C2A Engineer Inc. submitted Amendment No.1 to the Agreement for the perfonnance of additional work - beyond that specified in the original Scope of Services - for $22,408. The work was necessary to accommodate requests by others during the design of constmction improvements. An explanation of each change is presented below: Contract documents, including drawings, specifications and bidding documents for improvements were completed on December 20, 2004. Becco Contractor, Inc. submitted the apparent low bid for a sum of $4,691,722.80. Award of the constmction contract to Becco Contractor, Inc. is expected to occur subsequent to this agenda item. BACKGROUND: On June 1, 2004, Council approved the Agreement for Engineering Services with C2A Engineering for the design of improvements to North Garnett Road from East 86th Street North to East 96th Street North (See Attachment A). The Scope of Work included preparation of documents for the construction of five lanes of roadway, complete with new sidewalk, curb and gutter, and drainage improvements. The design work was to be integrated with improvements to East 96th Street North and North Garnett Road intersection to be completed prior to the expected opening of the Smith Farm shopping center (anticipated to be around October 2005). January 27,2005 DATE: ENGINEERING SERVICE AGREEMENT AMENDMENT NUMBER 1 NORTH GARNETT ROAD IMPROVEMENTS (E. 86TH STREET NORTH TO E. 96TH STREET NORTH) SUBJECT: ANA C, STAGG, PoE. PUBLIC WORKS DIRECTOR FROM: THE HONORABLE MAYOR AND COUNCIL CITY OF OW ASSO TO: MEMORANDUM ATTACHMENTS: 1. C2A Engineering, Inc. Agreement 2. Amendment No.1 to the Agreement RECOMMENDATION: Staff recommends Council approval of Amendment No.1 to the Engineering Service Agreement with C2A Engineering, Inc. (Tulsa, Oklahoma) for NOlih Gamett Road (E. 86th Street North to E. 96th Street NOlih) in the total amount of $22,408. FUNDING SOURCE: Funds for this project are included in the FY 04-05 Capital Improvements Budget. Staking of Constmction Reference Line: Additional survey was necessary for the staking of the constmction line, right-of-way and permanent easement to facilitate utility relocation (by others) and right-of-way negotiations. Utility E-elocations: The relocation of a section of sanitary sewer at 86th Street North was necessary to facilitate land acquisition required for the realignment of the road. Additional work includes the relocation of utilities and additional surveying work not included in the original Scope of Services. additional work to accommodate a protected left tum to N. Gamett Road required the widening ofE. 86th Street North (from Cedar Street to approximately 250 feet east ofN. Garnett Road). Page 2 Engineering Service Agreement Amendment Number 1 North Garnett Road Improvements 1 4.0 STANDARD OF PERFORMANCE. ENGINEER shall perform the SERVICES undertakcn in a manncr consistcnt with the prevailing accepted 3.0 COMPENSATION: CITY shall pay ENGINEER in accordance with Attachment D, COMPENSATION, which is attached hereto and incorporated by reference as part of this AGREEMENT. 2.0 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. 1.0 SCOPE OF PROJECT: The scope of this PROJECT is described in Attachment A, SCOPE OF PROJECT, which is attached hereto and incorporated by reference as pali of this AGREEMENT. NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: WHEREAS, ENGINEER is prepared to provide such SERVICES; and WHEREAS, CITY has financing for said PROJECT; and, WHEREAS, CITY requires certain professional services in connection with the PROJECT, hereinafter referred to as the SERVICES; and WHEREAS, CITY intends to construct certain improvements on North Garnett Road, from East 86lh Street North to East 96th Street North, hereinafter referred to as the PROJECT; and, WITNESSETH: THIS AGREEMENT, made and entered into this day of , 2004 between the City of Owasso, a Municipal Corporation of the State 9f Oklahoma, hereinafter referred to as CITY, and C2A Engineering Inc., hereinafter referred to as ENGINEER; NORTH GARNETT ROAD EAST 861'11 STREET NORTH TO EAST 961'11 STREET NORTH ENGINEERING SERVICES FOR AGREEMENT ATTACHMENT A 2 7.2 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. 7.1 ENGINEER shall indemnify CITY from and against legal liability for damages arising out of the performance of the SERVICES for CITY including but not limited to any claims, costs, attorney fees, or other expenses of whatever nature where such liability is caused by the negligent act, enol', or omission of ENGINEER or any employee, sub-consultants or agents for whom ENGINEER is legally liable. 7.0 LIABILITY AND INDEMNIFICATION. 6.2 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 qualification and experience as a Professional Engineer. 6.1 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 detern1ining prices, or over competitive bidding or market conditions, ENGINEER'S cost estimates shall be made on the basis of qualification and experience as a Professional Engineer. 6.0 OPINIONS OF COST AND SCHEDULE. 5.1 ENGINEER shall not be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the PROJECT. 5.0 LIMITATIONS OF REPSONSIBILITY. standard for similar 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 standard, 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. 3 9.2 ENGINEER shall fumish CITY certificates of insurance which shall include a provision that such insurance shall not be cancelled without at least 30 days written notice to the CITY. 9.1.4 Professional Liability Insurance in the amount of $1,000,000 per claim and annual aggregate. 9.1.3 Worker's Compensation Insurance in accordance with statutory requirements and Employer's Liability Insurance with limits of not less than $100,000 for each OCCUlTence. 9.1.2 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. 9.1.1 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. 9.1 During the performance of the SERVICES under this AGREEMENT, ENGINEER shall maintain the following insurance: 9.0 INSURANCE. 8.2 The ENGINEER shall take steps within its authority to ensure the project is in compliance with the requirements of the Americans With Disabilities Act. It is understood that the program of the ENGINEER is not a program or activity of the CITY OF OW ASSO. The ENGINEER agrees that its program or activity will comply with the requirements of the Americans With Disabilities Act. Any cost of such compliance will be the responsibility of the ENGINEER. Under no circumstance will ENGINEER conduct any activity which it deems to not be in compliance with the Americans With Disabilities Act. 8.1 In performance of the SERVICES, ENGINEER will 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. 8.0 COMPLIANCE WITH LAWS. 4 CITY OF OW ASSO Department of Public Works P.O. Box 180 Owasso, OK 74055 To CITY: 13.1.2 C2A Engineering Inc. 5516 South Lewis Ave., Suite 201 Tulsa, OK 74105 To ENGINEER: 13.1.1 13.1 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. 13.0 NOTICE. 12.2 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 terminated 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 in accordance with provisions of Attachment D, COMPENSATION. Upon restart of a suspended project, payment shall be made to ENGINEER in accordance with Attachment D, COMPENSATION. 12.1 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 perforn1 in accordance with the terms hereof through no fault of the terminating party. 12.0 TERMINATION OF CONTRACT. 11.2 CITY'S reuse of such documents without written verification or adaptation by ENGINEER for the specific purpose intended will be at CITY'S risk. 11.1 All documents, including original drawings, estimates, specifications, field notes and data shall become and remain the property of the CITY. 11.0 OWNERSHIP AND REUSE OF DOCUMENTS. 10.0 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. 5 19.0 APPROV AL. 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 set forth in this AGREEMENT will be replaced or 18.0 ASSIGNMENT. ENGINEER shall not assign its obligations undeliaken 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. 17.0 DISPUTE RESOLUTION PROCEDURE. In the event of a dispute between the Architect/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 Mayor for resolution. Regardless of these procedures, neither party shall be precluded from exercising any rights, privileges or oppOliunities permitted by law to resolve any dispute. 16.0 INTEGRATION AND MODIFICATION. This AGREEMENT includes Attachments A, B, C, and D, Exhibits A and B, and Exhibit C; 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. This AGREEMENT maybe amended only by a written instrument signed by each of the Parties. 15.0 SEVERABLIITY. If any pOliion of the AGREEMENT shall be constmed by a comi of competent jurisdiction as unenforceable such portion shall be severed here from, and the balance of this AGREEMENT shall remain in full force and effect. 14.0 UNCONTROLLED 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, stom1s, 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. 13.2 Nothing contained in this Aliicle shall be construed to restrict the transmission of routine communications between representatives of ENGINEER and CITY. 6 Date: C2A ENGINEER INC. (SEAL) ATTEST: Date: (SEAL) ATTEST: THE OF OW ASSO, OKLAHOMA MUNICIP AL CORPORATION / /' IN WITNESS WHEREOF, the parties have executed this AGREEMENT in multiple copies on the respective dates herein below ref1ected to be effective on the date executed by the Mayor of the CITY or Contracting Authority. conected at the sole expense of the ENGINEER. The ENGINEER will meet with the CITY staff initially and monthly thereafter and will be available for public hearings and/or City Council presentations. 7 It is expected that there shall be a number of construction and service contracts, which must be entered into in order to bring this PROJECT into being. Included may be services and/or constmction contracts for engineering, utility relocations, construction, equipment, etc. A. SCOPE OF PROJECT. The PROJECT shall consist of providing professional engineering services to the City of Owasso for the preliminary and final design phases, and preparation of construction plans for improvements to North Gamett Road from East 86th Street North to East 96th Street North. The improvements include the construction of a five lane arterial street with all necessary work. ATTACHMENT A SCOPE OF PROJECT NORTH GARNETT ROAD EAST 86TH STREET NORTH TO EAST 96TH STREET NORTH ENGINEERING SERVICES FOR AGREEMENT 8 B.1. Phase No. 1. PRELIMINARY DESIGN. Work with the CITY appointed Personnel to evaluate and develop a preliminary design to construct a five lane @ Designate a representative to coordinate all information between ENGINEER and CITY. @ Document all meetings, conferences, coordination, etc., and send documentation to CITY within two (2) working days. @ Attend initial conferences with CITY and other administrative and regulatory agencies, including utility companies, to review PROJECT requirements and discuss scheduling of the PROJECT. @ Attend all public meetings for the PROJECT. @ Determine drainage requirements for the PROJECT. @ Prepare all applications for Watershed Development Permits for the PROJECT. @ Perform all necessary surveys and investigations for the PROJECT. @ Prepare all drawings in conformance with the drafting standards set forth in the Oklahoma Department of Transportation requirements, as necessary. Drawings shall be 22" x 34" in size. The Basic Services of ENGINEER include, but are not necessarily limited to, the following tasks: B. SCOPE OF SERVICES. The SERVICES to be performed by the ENGINEER under this AGREEMENT will consist of Three (3) phases, as stated below. 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 are essential provisions of this AGREEMENT; and it is fUliher understood and agreed that the work embraced in this AGREEMENT shall commence upon execution of this AGREEMENT and after receipt of a Notice to Proceed. ATTACHMENT B SCOPE OF SERVICES NORTH GARNETT ROAD EAST 86TH STREET NORTH TO EAST 96TH STREET NORTH ENGINEERING SERVICES FOR AGREEMENT 9 B.1.6. PRELIMINARY PLANS shall include as a minimum: B.1.5. Prepare PRELIMINARY PLANS, in accordance with CITY standards within 75 calendar days after the date specified in the Notice to Proceed with the PRELIMINARY PLANS. B.lA.7. Cost estimate for the plan discussed. B.lA.6. Architectural, landscape, and landscape architectural studies and designs that will enhance the PROJECT'S compatibility with the sun-ounding environment. B.IA.5. A summary of hydrologic studies, Master Drainage Studies, or Basin Studies, used to preliminarily determine elevations of any stream crossings. B.IAA. A written discussion on utilities, their possible conflicts, and possible relocation requirements. B.1.4.3. Right-of-way and ownership information. B.IA.2. Soils investigations, including test borings and geotechnical report. Every effort shall be made to restore grassing, irrigation and related items damaged by the test holes. B.IA.l. Information from search of existing plans and records. B.IA. DESIGN REPORT. Prepare a DESIGN REPORT, including roadway design criteria to be used, sketch specifications, cost estimates and recommendations, and submit with the preliminary plans. The DESIGN REPORT shall include, but not necessarily be limited to: B.l.3. Based on the following general design criteria, establish an alignment along the present alignment, showing the features of the proposed improvements and listing all obstmctions to the alignment. B.l Provide a ground survey of the entire length of the PROJECT with enough detail and at such a scale that a map may be prepared for the entire length showing the proposed alignment and the impact the PROJECT will have on surrounding property, structures, and utilities. B.I.l. Review all eXlstmg reports, record plans and/or other plans pertinent to the PROJECT and the City Policy of the City of Owasso regarding the need for the improvements. arterial street on North Garnett Road from East 86th Street North to East 96th Street North. 10 B.2.2.l. Provide one time right-of-way staking in the field for appraisals and/or acquisition agents. B.2.2. Fumish legal descriptions of all right-of-way and permanent and temporary easements. Descriptions shall be furnished in an approved format on approved forms. All existing easements of record and verified present ownership of any parcel will be provided by a properly licensed abstract company. B.2.!. Verification of comments and recommendations from the PRELIMINARY PLAN review meeting. B.2. Phase II. FINAL DESIGN. Prepare FINAL PLANS, documents and cost estimates following the comments from the PRELIMINEARY PLANS review meeting, together with all specifications and related bidding documents required for the construction of the PROJECT, in accordance with CITY standards, detailed specifications within 60 calendar days after the date specified in the Notice to Proceed with the FINAL DESIGN. The following tasks shall be included as required: B.1.7. ENGINEER shall fumish five (5) sets of PRELIMINARY PLANS as half-size black-line, for review by the CITY. ENGINEER shall fumish one (1) set of an estimate of construction costs for the PROJECT to the CITY. @ Cover Sheet indicating "PRELIMINARY PLANS" @ Summary Sheet including: @ Pay Quantities and Pay Item Notes @ Roadway Quantities @ Bridge/Structure Quantities @ Storm Sewer Design @ Storm Inlet Design @ Drainage Structures @ Drainage Map @ Right-of-Way Map @ Typical Section Sheet @ Survey Data Sheet @ Plan and Profile Sheets @ Erosion Control Sheets @ Preliminary construction drawings for all special drainage structures, retaining walls, architectural details, landscaping plans, or any other special items required for the PROJECT @ Traffic Control Details @ Traffic Control/Construction Phasing sheet(s) @ Cross-Sections indicating existing ground lines, proposed sidewalk template, proposed storm sewers and existing utilities within the PROJECT area. 11 @ Cover Sheet indicating "FINAL PLANS" @ Summary Sheet including: @ Pay Quantities and Pay Item Notes @ Roadway Quantities @ Traffic Quantities @ Storm Sewer Design @ Storm Inlet Design @ Drainage Stmctures @ Any other Summary Table needed. @ Drainage Map @ Right-of-Way Map @ Typical Section Sheet @ Survey Data Sheet @ Plan and Profile Sheets. @ Erosion Control Sheets @ Structural Details Sheet @ Construction Sequencing Sheet @ Miscellaneous Details Sheet @ Traffic Signal Sheets @ Cross Section Sheet @ All applicable Oklahoma Department of Transportation Standard Drawings. B.2.7. FINAL PLANS shall include as a minimum: B.2.6. Plans and construction drawings in enough detail to verify constmctability of PROJECT. B.2.S. Preparation of related bidding documents for the PROJECT, including Estimate of Quantities, Proposal, Special Conditions, Special Provisions and Special Specifications, on 8-1/2" x 11" plain white bond paper. All documents shall be suitable for original camera-ready copy. B Finalize all details and refine quantity calculations based on PRELIMINARY PLANS review meeting and meeting with CITY staff. B.2.3.1. Review plans and agreements submitted by the utility companies and the CITY and, when complete to the satisfaction of the ENGINEER, submit the relocation plans and agreements to the CITY for execution. B.2.3. Additional research, including, but not limited to, field-verified horizontal locations and vertical locations of all buried utilities to verify compatibility of the PROJECT with existing utilities. 12 B.3.4. Make periodic site visits, when requested by CITY personnel, during construction to verify interpretation of the plans. On-site inspection is not a part of this work. B.3.3. Respond to construction questions from CITY personnel. B.3.2. Attend the Pre-Work Conference. B.3.1. Review and approve shop drawings or submittals by the Contractor for general compliance with contract documents. B.3. Phase III. SERVICES DURING CONSTRUCTION. SERVICES DURING CONSTRUCTION shall include all necessary tasks to take the PROJECT through the construction phase. Tasks shall include: B.2.9.9. Prepare a tabulation of bids and make a recommendation on awarding the contract. B.2.9.8. Answer questions to the CITY or to registered plan holders during the bidding phase. B.2.9.7. Prepare any addenda. B.2.9.6. Prepare and distribute minutes of the conference to the CITY. B.2.9.5. Attend the Pre-bid Conference. B.2.9.4. Additional bidding documents shall be prepared for an additional cost based on actual reproduction cost plus cost for labor, binding and delivery to the CITY. B.2.9.3. CITY shall be responsible for publishing the Advertisement for Bids. B.2.9.2. Bidding documents shall consist of plans and contract documents. B.2.9.1. Provide thiliy-five (35) sets of bidding documents (either half size or full size) to CITY for advertising purposes. B.2.9. Prepare bid documents from approved FINAL PLANS, including CONSTRUCTION PLANS on Mylar, Estimate of Quantities, Proposal, Special Conditions, Special Provisions, Special Specifications and Standard Construction Contract Documents provided by the CITY. B.2.8. ENGINEER shall furnish five (5) sets of FINAL PLANS as black-line, for review by the CITY. ENGINEER shall incorporate CITY review comments along with a final estimate of construction costs for the PROJECT to the CITY. 13 B.3.5 Prepare at the conclusion of the construction AS RECORDED drawings based on corrected sets of plans provided to the ENGINEER from the CITY and/or the contractor. The ENGINEER shall make every effort to produce a final set of drawings representative of the actual construction record including all notations appropriate to the project made on the corrected sets. The ENGINEER shall produce the AS RECORDED drawings and present one (1) set of Mylar reproducible of all sheets to the CITY within 60 days of delivery of the corrected set(s) of plans from the CITY and/or the contractor. 14 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. C.3.2. Fumish assistance in locating eXlstmg underground utilities and in expediting their relocation as described in Attachment B. C.3.1. Fumish legal assistance as required in the preparation, review and approval of construction documents. C.3. Staff Assistance. Designate in writing a person 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.2. Access. To provide access to public and private property when required m performance of ENGINEER'S services. C.l.2. Standard drawings and standard specifications. C.l.l. Records, reports, studies, plans, drawings, and other data available in the files of the CITY which may be useful in the work involved under this AGREEMENT. C.l. &.Qorts, Records, etc. To furnish, as required by the work, and not at expense to the ENGINEER: C. RESPONSIBILITIES OF THE CITY. The CITY agrees: A 1'1' ACHMENT C RESPONSIBILITIES OF THE CITY SCOPE OF SERVICES NORTH GARNETT ROAD EAST 86TH STREET NORTH TO EAST 96TH STREET NORTH ENGINEERING SERVICES FOR AGREEMENT 15 c.s. Advertisement for Bids: CITY will be responsible for publishing the adveliisement for bids, and receiving bids. 16 DA. SCHEDULE OF RATES. At the request of the CITY, the ENGINEER will negotiate fees for any additional work not covered by this AGREEMENT, which may be required by the CITY. Alternatively, additional work will be performed D.3. For the work under Phase III, SERVICES DURING CONSTRUCTION, Attachment B.3 and Exhibit A, the CITY shall pay the ENGINEER a lump sum Cost of Four Thousand Six Hundred Twenty dollars and Zero Cents ($4,620.00), payable as the work progresses. D.2. For the work under Phase II, FINAL DESIGN, Attachment B.2 and Exhibit A, the CITY shall pay the ENGINEER a lump sum Cost of Fifty Five Thousand Two Hundred Twenty dollars and Zero Cents ($55,220.00), payable as the work progresses. D.l. For the work under Phase I, PRELIMINARY DESIGN, Attachment B.l and Exhibit A, the CITY shall pay the ENGINEER a lump sum Cost of Seventy Two Thousand Five Hundred Thirty-six dollars and Zero Cents ($72,536.00), payable as the work progresses. D. COMPENSATION. The CITY agrees to pay, as compensation for services set forth in Attachment B, the following fees on a lump sum basis, said Cost shall include all direct salary expenses, overhead expenses, and other non salary expenses as shown on Exhibit B related to the design of the PROJECT. This total estimated Cost can not be exceeded without written consent of the CITY. The ENGINEER shall submit statements no more than once each month. The statements shall indicate each Phase currently authorized for work, the percentage of work completed and the direct pass through costs being requested for each Phase as based upon the ENGINEER'S estimate of the proportion of the total services actually completed at the time of the billing. All statements shall be accompanied by such documentation as the CITY requires. CITY agrees to make payment within 30 calendar days of the receipt of the ENGINEER'S invoice. ATTACHMENTD COMPENSA TrON SCOPE OF SERVICES NORTH GARNETT ROAD EAST 86TH STREET NORTH TO EAST 96TH STREET NORTH ENGINEERING SERVICES FOR AGREEMENT 17 Rates include overhead and profit. $ 88.40/hr. $ 78.00/hr. $ 65.00/hr. $ 55.00/hr. $ 44.20/hr. $ 33.80/hr. $ 93.00/hr. $ 31.20/hr. ENGINEER IV EN G INEER III ENGINEER II TECHNICIAN IV TECHNICIAN II TECHNICIAN I SURVEY TEAM men) CLERICAL I at the written request of the CITY based on the hourly rates contained herein. Rates are subject to change on the First day of January of each calendar year. Rates to be charged shall be the rates in affect at the time such services are requested and approved. $ 132,375 Total Fee = Plan-In-Hand Design Fee = $ 72,536 Estimated number of total sheets: 60 Std. Hourly Rate 192 MH@ $ 88.40 = $ 16,972,80 52 MH@ $ 85.02 = $ 4,421,04 40 MH@ $ 65,00 = $ 2,600,00 56 MH@ $ 78,00 = $ 4,368,00 304 MH@ $ 44,20 = $ 13,436,80 22 MH@ $ 44.98 = $ 989.56 11 MH@ $ 52,00 = $ 624,00 678 MH $ 43,412.20 43,412 750 Sheets @ $ 0.45 = $ 337,50 150 Sheets @ $ 5.00 = $ 750.00 5250 Sheets @ $ 0.45 = $ 2,362,50 7000 Sheets @ $ 0.15 = $ 1,050,00 $ 4,500,00 1,308,00 6,000.00 $11,808 Final Plans Design Fee = $ 55,220 Std. Hourly Rate 28 MH@ $ 88.40 = $ 2,475,20 4 MH@ $ 85,02 = $ 340,08 6 MH@ $ 65.00 = $ 390,00 32 MH@ $ 44.20 = $ 1,414.40 0 MH@ $ 44.98 = $ Q MH@ $ 52.00 = ! 70 MH $ 4,619,68 $ 4,620 Construction Fee == $ 4,620 Estimated number of total sheets: 150 $27,944 $27,800 $ 4,400,00 $ 8,400,00 $ 11,500,00 $ 3,500.00 $ 27,800,00 20 Properties $ 220,00 $144 144,00 144,00 720 Sheets @ $ 0,20 Std, Hourly Rate 186 MH@ $ 88.40 = $ 16,442.40 74 MH@ $ 85.02 = $ 6,291.48 58 MH@ $ 65,00 - $ 3,770,00 40 MH@ $ 78.00 -- $ 3,120,00 302 MH@ $ 44,20 = $ 13,348.40 36 MH@ $ 44,98 = $ '1,619,28 Q MH@ $ 52.00 ,- ! 696 MH $ 44,591.56 44,592 Total Direct Labor Expenses Engineer tV Engineer III Engineer II Technician II Technician II Land Surveyor Subtotal Labor Labor Related Expenses (Construction): Total of Other Pass-through Expenses: Survey Staking Traffic Signal - Final Plans Full - Plan Mylars - Construction Plans - Construction Documents Otller Pass-through Expenses: Reproduction Total Direct Labor Expenses Engineer IV Engineer IV Engineer II Engineer III Technician II Technician II Land Surveyor Subtotal Labor Labor Related Expenses (Final Plans): Total of Other Pass-tllrough Expenses: - Certified Owners Sub-Consultants Abstracting Traffic Signal Survey/8ase Map Geotechnical - Plan-In-Hand Plans 1/2 Other Pass-through Expenses: Reproduction Total Direct Labor Expenses Engineer IV Engineer IV Engineer II Engineer III Technician II Technician II Land Surveyor Subtotal Labor City of Owasso, Garnett Road Widening, East 86th Street North to East 96th Street North L.abor Related Expenses (Plan-In-Hand): City of Owasso . Garnett Road, East 86th Street North to East 96th Street North Exhibit 8 - Fee Proposal 16 D.4. SCHEDULE OF RATES. At the request of the CITY, the ENGINEER will negotiate fees for any additional work not covered by this AGREEMENT, which may be required by the CITY. Altematively, additional work will be performed D.3. For the work under Phase III, SERVICES DURING CONSTRUCTION, Attachment B.3 and Exhibit A, the CITY shall pay the ENGINEER a lump sum Cost of Four Thousand Six Hundred Twenty dollars and Zero Cents ($4,620.00), payable as the work progresses. D.2. For the work under Phase II, FINAL DESIGN, Attachment B.2 and Exhibit A, the CITY shall pay the ENGINEER a lump sum Cost of Fifty Five Thousand Two Hundred Twenty dollars and Zero Cents ($55,220.00), payable as the work progresses. D.l. For the work under Phase I, PRELIMINARY DESIGN, Attachment B.l and Exhibit A, the CITY shall pay the ENGINEER a lump sum Cost of Seventy Two Thousand Five Hundred Thirty-six dollars and Zero Cents ($72,536.00), payable as the work progresses. D. COMPENSATION. The CITY agrees to pay, as compensation for services set forth in Attachment B, the following fees on a lump sum basis, said Cost shall include all direct salary expenses, overhead expenses, and other non salary expenses as shown on Exhibit B related to the design of the PROJECT. This total estimated Cost can not be exceeded without written consent of the CITY. The ENGINEER shall submit statements no more than once each month. The statements shall indicate each Phase cunently authorized for work, the percentage of work completed and the direct pass through costs being requested for each Phase as based upon the ENGINEER'S estimate of the proportion of the total services actually completed at the time of the billing. All statements shall be accompanied by such documentation as the CITY requires. CITY agrees to make payment within 30 calendar days of the receipt of the ENGINEER'S invoice. A TT ACHMENT D COMPENSATION SCOPE OF SERVICES NORTH GARNETT ROAD EAST 86TH STREET NORTH TO EAST 96TH STREET NORTH ENGINEERING SERVICES FOR AGREEMENT 17 Rates include overhead and profit. $ 88.40/hr. $ 78.00/hr. $ 65.00/hr. $ 55.00/hr. $ 44.20/hr. $ 33.80/hr. $ 93.00/hr. $ 31.20/hr. ENGINEER IV ENGINEER III ENGINEER II TECHNICIAN IV TECHNICIAN II TECHNICIAN I SURVEY TEAM (2 men) CLERICAL I at the written request of the CITY based on the hourly rates contained herein. Rates are subject to change on the First day of January of each calendar year. Rates to be charged shall be the rates in affect at the time such services are requested and approved. 1 2.0 SERVICES TO BE PERFORMED BY ENGINEER. ENGINEER shall perform the ADDITIONAL SERVICES described in Attachment B, SCOPE OF ADDITIONAL SER VICES, which is attached hercto and incorporated by refercnce as part of this SUPPLEMENTAL to thc AGREEMENT. 1.0 SCOPE OF PROJECT: The scope of this additional work to the PROJECT is described in Attachment A, SCOPE OF WORK, which is attached hereto and incorporated by reference as part of this SUPPLEMENTAL to the AGREEMENT. NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: WHEREAS, ENGINEER is prepared to provide such ADDITIONAL SERVICES; and WHEREAS, CITY has financing for said PROJECT; and, WHEREAS, CITY requires certain additional professional services in connection with the PROJECT, hereinafter referred to as the ADDITIONAL SERVICES; and WHEREAS, CITY intends to construct certain improvements on North Garnett Road, from East 86th Street North to East 96th Street North, hereinafter refened to as the PRO] ECT; and, WITNESSETH: This SUPPLEMENTAL to the AGREEMENT, made and entered into this day of , 2005 between the City of Owasso, a Municipal Corporation of the State of Oklahoma, hereinafter referred to as CITY, and C2A Engineering Inc., hereinafter referred to as ENGINEER; NORTH GARNETT ROAD EAST 86T11 STREET NORTH TO EAST 96T[{ STREET NORTH ENGINEERING SERVICES FOR AGREEMENT TOTIIE SUPPLEMEN'T'AL NO. I r.. U4"""\VIUlIlL:.I'li1 D 2 Date: C2A ENGINEER INC. '0 reAL) '",,-.,.j~ J ATTEST: City Attorney APPROVED AS TO FORM: City Clerk Date: Mayor THE CITY OF OW ASSO, OKLAHOMA A MUNICIP AL CORPORATION (SEAL) ATTEST: IN WITNESS WHEREOF, the parties have executed this SUPPLEMENTAL to the AGREEMENT in multiple copies on the respective dates herein below reflected to be effective on the date executed by the Mayor of the CITY or Contracting Authority. All other items of the original AGREEMENT will remain in force unless modified by this SUPPLEMENTAL to the AGREEMENT. 3.0 COMPENSATION: CITY shall pay ENGINEER in accordance with Attachment C, COMPENSATION, which is attached hereto and incorporated by reference as pari of this SUPPLEMENTAL to the AGREEMENT. 3 A. SCOPE OF WORK. The additional work shall consist of additional Design work to add a Traffic Signal installation for the City fire station, design widening of 86th Street North from Cedar Street to approximately 250 feet east of North Garnett Road and to relocate a section of sanitary sewer at the 86th Street North end of the project. Additional survey work will also be necessary for the Design of the sanitary sewer relocation, to plat a parcel of land in the northwest corner of the intersection of North Garnett Road and East 86th Street North and to provide - Utility Relocation staking of the Construction Reference Line, Right.of- W ay and Permanent Easements. SCOPE OF WORK ATTACHMENT A 4 B.l.2. Provide additional ground survey for the relocation of a section of the sanitary sewer line and tapa of the area from Cedar Street on the west, the private street south of the Post Office on the north, the south right-of-way line of East 86th Street North on the south and the existing survey on the east. Provide for a B.1.1. Design an on demand traffic signal system for the Owasso fire station located on North Garnett Road. B.l. Phase No.1. ADDITIONAL DESIGN WORK. Provide additional design services for the PROJECT, in accordance with CITY standards and Oklahoma Department of Transportation (ODOT) specifications to add a traffic signal at the fire station on North Garnett Road, create a set of documents to bid the waterline extension and relocation in a separate contract, relocate a section of sanitary sewer line at the south end of the project and provide mapping services to aid the CITY in plating a property area at the northwest corner of North Garnett Road and East 86th Street North. @ Designate a representative to coordinate all infonnation between ENGINEER and CITY. @ Document all meetings, conferences, coordination, etc., and send documentation to CITY within two (2) working days. @ Attend initial conferences with CITY and other administrative and regulatory agencies, including utility companies, to review PROJECT requirements and discuss scheduling of the PROJECT. @ Answer questions the CITY may have on the design changes. The Basic Services of ENGINEER include, but are not necessarily limited to, the following tasks: B. SCOPE OF ADDITIONAL SERVICES. The SERVICES to be performed by the ENGINEER under this SUPPLEMENTAL to the AGREEMENT will consist of performing additional Design work as stated below. 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 are essential provisions of this SUPPLEMENTAL to the AGREEMENT; and it is further understood and agreed that the work embraced in this SUPPLEMENTAL to the AGREEMENT shall commence upon execution of this SUPPLEMENTAL to the AGREEMENT and after receipt of a -Notice to Proceed. SCOPE OF SERVICES ATTACHMENT B 5 B.1.5. Provide additional design services during constmction to attend meetings and provide guidance to the City inspector for any additions or subtractions from the project. B.IA. Prepare additional sheets for the widening of 86th Street NOlih from Cedar Street to approximately 250 feet east of North Garnett Road from four lanes to five lanes. Revise all necessary sheets to incorporate Right-of"Way negotiations required design changes. B.1.3. Design a relocation of the sanitary sewer line at the south end ofthe PROJECT. onetime staking of the Construction Reference Line and all Right-of-Way and Permanent Easement lines for aid in Utility Relocation. 6 Rates include overhead and profit. $ 91.00/hr. $ 78.00/hr. $ 65.00/hr. $ 55.00/hr. $ 46.40/hr. $ 33.80/hr. $ 95.00/hr. $ 31.20/hr. ENGINEER IV ENGINEER III ENGINEER II TECHNICIAN IV TECHNICIAN II TECHNICIAN I SURVEY TEAM (2 men) CLERICAL I C.2. SCHEDULE OF RATES. At the request of the CITY, the ENGINEER will negotiate fees for any additional work not covered by this AGREEMENT, which may be required by the CITY. Alternatively, additional work will be performed at the written request of the CITY based on the hourly rates contained herein. Rates are subject to change on the First day of January of each calendar year. Rates to be charged shall be the rates in affect at the time such services are requested and approved. $22,408. Additional Design Work C.l. FEES FOR ADDITIONAL SERIVCES. C. COMPENSATION. The CITY agrees to pay, as compensation for services set forth in Attachment B, the following fees on a lump sum basis, payable monthly as thc work progresscs and within 30 calendar days of the receipt of the ENGINEER'S invoice. COMPENSATION ATTACHMENT C $ $ $ $ $ $ $ Std, Hourly Rate $ 88.40 $ 8502 $ 65,00 $ 78.00 $ 44.20 $ 44.98 $ 52.00 o MH@ o MH@ o MH@ o MH@ o MH@ o MH@ Q MH@ o MH Total of Other Pass-through Expenses. Other Pass-through Expenses: Survey Staking Total Direct Labor Expenses Engineer IV Engineer III Engineer II Technician II Technician II Land Surveyor Subtotal Labor Labor Related Expenses (Construction): Total of Other Pass-through Expenses. Survey Staking Traffic Signal - Final Plans Full - Plan Mylars - Construction Plans - Construction Documents Other Pass-through Expenses: Reproduction Total Direct Labor Expenses Engineer IV Engineer IV Engineer II Engineer III Technician II Technician II Land Surveyor Subtotal Labor Labor Related Expenses (Final Plans): Total Direct Labor Expenses Engineer IV Engineer IV Engineer II Engineer III Technician II Technician II Land Surveyor Subtotal Labor City of Owasso, North Garnett Road Waterline Extension, East 86th Street North to East 96th Street North Labor Related Expenses (Plan-In-Hand): City of Owasso - N. Garnett Rd. Waterline Extension, E. 86th Street N. to E. 96th Street N. Exhibit B - Fee Proposal This request is for City Council approval of the attached contracts for the sale of real property, authorization for the Mayor to execute each contract, and authorization for payment to be made. The proposed contracts are attached for your review. REQUEST 1. Faith Lutheran Church--$42,000.00; 2. Lynn B. Freeman/Freeman Construction--$19,800.00; 3. David Golzar--$68,546.00; 4. Morton Family Tmst--$32,980.00; 5. MTC Investments, Inc.--$42,000.00 6. Owasso 7 L.L.C.--$483,838.00; 7. Owasso 20 L.L.C.--$286,880.00; 8. Seayco-Owasso Market II--$74,190.69; and, 9. Betty Smith--$533,496.25. PURCHASE PRICE The city staff is cUlrently involved in the acquisition of rights of way for the E. 96th Street North and N. Garnett Road Intersection Project and the N. Garnett Road Widening Project. As a pari of those acquisitions, negotiations for the purchase of land from Faith Lutheran Church, 4200 square feet, Lynn B. Freeman Revocable Living Trust as well as Freeman Construction Company, 1980 square feet, David Golzar, 6854.6 square feet, Morton Family Trust, 3298 square feet, MTC Investments, Inc., 4200 square feet, Owasso 7 L.L.C., 40,281 square feet, Owasso 20 L.L.C., 28,688 square feet, and Seayco- Owasso Market II, 7419.069 square feet, and Betty Smith, 51,229.545 square feet, have been successfully completed. BACKGROUND: 2005 JANUARY DATE: SUBJECT: RIGHT OF WAY AQUISTION FOR THE Eo 96TH STREET NORTH AND N, GARNETT ROAD IMPROVEMENT PROJECT THE ROAD WIDENING PROJECT, FROM: RODNEY J, RAY CITY MANAGER TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OW ASSO MEMORANDUM A. Contract-Faith Lutheran Church; B. Contract-Lynn Freeman/Freeman Construction; Contract-David Golzar; Contract-Morton Family Tmst; Contract-MTC Investments, Inc.; F. Contract-Owasso 7 L.L.C.; G. Contract-Owasso 20 L.L.C.; H. Contract-Seayco-Owasso Market II; and, 1. Contract-Betty Smith. ATTACHMENT Staff will recommend City Council approval of the contracts for the purchase of the rights of way, City Council authorization for the Mayor to execute the Contracts, and authorization for payment of the purchases. RECOMMENDATION A. The City, at its sole expense, will constmct a 6 inch deep asphalt driveway, 30 feet in width with 25 foot radii, from 22nd Street to the South parking lot of the Church. The constmction of this driveway must take place prior to any work being allowed in the Temporary Constmction Easement area as described and depicted in Exhibit B. All asphalt materials placed on Faith Lutheran Church property will be placed with an Asphalt Laydown Machine. Motor graded, bladed or handworked areas will be confined to areas not accessible to utilizing a laydown machine. The driveway construction to be performed shall be performed by City of Owasso and/or Owasso Public Works Authority personnel or alternatively independent contractors of the City. The Seller hereby grants 3. SPECIAL CONDITIONS: 2. CLOSING. At the time set for closing, Seller shall execute, acknowledge and deliver to City a good and sufficient warranty deed in statutory form, conveying to the City all of said property, free and clear of all taxes, liens and encumbrances. Concurrently with the delivery of said deed, Seller shall deliver to City quiet and peaceable possession of all of said property. The Seller, for no additional consideration, grants unto the City a temporary constmction easement in, over, and through the real property as depicted and described in Exhibit B hereto. together with all improvements thereon and hereditaments and appmienances there unto belonging, free and clear of all liens, mortgages, easements, assessments and encumbrances of every kind and character whatsoever, and to warrant the title to same. See Exhibit A attached hereto, 1. SALE. Seller will sell, transfer and convey to the City by good and sufficient warranty deed the following described real property in Owasso, Tulsa County, State of Oklahoma, to-wit: WITNESSTH That for and in consideration of the sum of Forty"two Thousand and 00/100 Dollars ($42,000.00), as well as additional consideration to be provided by the City as more specifically set fOlih hereinafter, to be paid by the City to the order of Seller, as hereinafter provided, the parties have agreed as follows: THIS AGREEMENT, by and between Faith Lutheran Church., hereinafter referred to as Seller, and the City of Owasso, Oklahoma, a municipal corporation, hereinafter referred to as City. CONTRACT 2 Randal L. Miller, Tmstee Chairman SELLER: Faith Lutheran Church IN WITNESS WHEREOF, the parties have executed this Contract at Owasso, Oklahoma, this___day of Febmary 2005. B. Employees, agents or contractors representing the City of Owasso and lor the Owasso Public Works Authority shall be pelmitted the right to enter upon the above described propeliy prior to the Closing of this transaction as above stated to constmct a street project for the Garnett Street Widening Project. The City of Ow as so and/or the Owasso Public Works Authority covenants and agrees to indemnify, defend and hold Seller harmless from and against all cost, loss, expenses and claims (actual or threatened) incurred by said Seller with respect to the work to be performed herein prior to the Closing. unto the City/Owasso Public Works Authority, or its independent contractors, a Temporary Easement over the lands of Seller to accomplish the foregoing constmction. All surfacing and base removed from the area depicted in Exhibit B will be replaced in "like kind" to the material removed. This easement will be utilized only for the constmction and incidental grading work necessary to confOlID Faith Lutheran Church propeliy to the relative profile grade elevations of Garnett Road. This easement will not be allowed as a storage area for materials or equipment, or act as a staging area for other operations of work. The maximum time for work to be completed in the area deemed "temporary constmction easement, as depicted and described in Exhibit B" will be 180 days, which will be counted from the first day this area is disturbed or its use is rest11cted in any way. The provisions ofthis subsection shall survive the closing ofthis transaction. Susan Kimball, Mayor BUYER: City of Owasso, Oklahoma 3 Shelry Bishop, City Clerk ----~--_.-.~~~~ Attest: Exhibit" A" L.S. No. 1532 L.S, The North 420 feet of the West 467.25 feet of the East 517.25 feet of the North 660 fee of the South Half (S/2) of the Northeast Quarter (NE/4) of Section 19, Township 21 Range 14 East of the Indian Base and Meridian, Tulsa County, Oklahoma, according t( the U. S. Government Survey thereof, containing 4.5 more or The east 10 feet of a parcel of land, containing 0.1 Acres, more or less, lying in the S/2 of the NE/4 of Section 19, Township 21 North, Range 14 East in Tulsa County, Oklahoma, Said parcel of land being described as follows: .. Parcel No.6 James B. Pearson, L.S. L.S. No. 1532 EXHIBIT "B" The North 420 feet of the West 467.25 feet of the East 517.25 feet of the North 660 feet of the South Half (SI2) of the NOliheast Quarter (NE/4) of Section 19, Township 21, Range 14 East of the Indian Base and Meridian, Tulsa County, Oklahoma, according to . the U. S. Govemment Survey thereof,containing Acres, more or less. The west 30 feet of the east 40 feet ofthe South 250 feet of the North 420 feet of a parcel o fl and , containing 0.17 Acres, more or less, lying in the S/2 of the NE/4 of Section 19, Township 21 North, Range 14 East in Tulsa County, Oklahoma, Said parcel of land being described as follows: Parcel No. 6.1. Employees, agents or contractors representing the City of Owasso and lor the Owasso Public Works Authority shall be permitted the right to enter upon the above described property prior to the Closing of this transaction as above stated to constmct a street project for the Garnett Street Widening Project. The City of Owasso and/or the Owasso Public Works Authority covenants and agrees to indemnify, defend and hold Sellers harmless from and against all cost, loss, expenses and claims (actual or threatened) incurred by said Sellers with respect to the work to be performed herein prior to the Closing. 3. SPECIAL CONDITIONS: 2. CLOSING. At the time set for closing, Sellers shall execute, acknowledge and deliver to City a good and sufficient warranty deed in statutory form, conveying to the City all of said property, free and clear of all taxes, liens and encumbrances. Concurrently with the delivery of said deed, Sellers shall deliver to City quiet and peaceable possession of all of said property. together with all improvements thereon and hereditaments and appurtenances there unto belonging, free and clear of all liens, mOligages, easements, assessments and encumbrances of every kind and character whatsoever, and to warrant the title to same by through and under Sellers. See Exhibit A attached hereto, 1. SALE. Sellers will sell, transfer and convey to the City by good and sufficient special wananty deed the following described real property in Owasso, Tulsa County, State of Oklahoma, to-wit: WITNESSTH That for and in consideration of the sum of Nineteen Thousand, Eight Hundred and 00/100 Dollars ($19,800.00) to be paid by the City to the order of Sellers, as hereinafter provided, the parties have agreed as follows: THIS AGREEMENT, by and between Lynn B. Freeman Irrevocable Living Tmst as well as Freeman Constmction Company hereinafter collectively referred to as Sellers, and the City of Owasso, Oklahoma, a municipal corporation, hereinafter refened to as City. CONTRACT 2 Sherry Bishop, City Clerk Attest: Susan Kimball, Mayor BUYER: City of Owasso, Oklahoma Lynn B. Freeman, Trustee and President, Respectively SELLERS: Lynn B. Freeman Irrevocable Living Trust and Freeman Construction IN WITNESS WHEREOF, the parties have executed this Contract at Owasso, Oklahoma, this day of Febmary, 2005. Exhibit!! A" James B. Pearson, L.S. L.S. No. 1532 The east 10 feet of Lot I, Block I, Ator Commercial Center, a Replat of Lot 1, Block 1, Ator Heights Fourth and a part of Lot 1, Block 1, Ator Heights Third Additions to the City of Owasso, Tulsa County, State of Oklahoma, a~ording to the recorded Plat thereof, containing 0.04 Acres, more or less. Parcel No.4 IN WITNESS WHEREOF, the parties have executed this Contract at Owasso, Oklahoma, this _day of February, 2005. Employees, agents or contractors representing the City of Owasso and lor the Owasso Public Works Authority shall be pelmitted the right to enter upon the above described property prior to the Closing of this transaction as above stated to constmct a street project popularly known as the Gamett Road Widening Project. The City of Ow as so andlor the Owasso Public Works Authority covenants and agrees to indemnify, defend and hold Seller harmless from and against all cost, loss, expenses and claims (actual or threatened) incurred by said Seller with respect to the work to be performed herein prior to the Closing. 3. SPECIAL CONDITIONS: 2. CLOSING. At the time set for closing, Seller shall execute, acknowledge and deliver to City a good and sufficient warranty deed in statutory fOlm, conveying to the City all of said propeliy, free and clear of all taxes, liens and encumbrances. Concurrently with the delivery of said deed, Seller shall deliver to City quiet and peaceable possession of all of said property. together with all improvements thereon and hereditaments and appmienances there unto belonging, free and clear of all liens, mortgages, easements, assessments and encumbrances of every kind and character whatsoever, and to warrant the title to same. See Exhibit A attached hereto, 1. SALE. Seller will sell, transfer and convey to the City by good and sufficient warranty deed the following described real property in Owasso, Tulsa County, State of Oklahoma, to-wit: WITNESSTH That for and in consideration of the sum of Sixty-eight Thousand, Five Hundred Forty-six and 00/1 00 Dollars ($68,546.00) to be paid by the City to the order of Seller, as hereinafter provided, the parties have agreed as follows: THIS AGREEMENT, by and between David Golzar, hereinafter referred to as Seller, and the City of Owasso, Oklahoma, a municipal corporation, hereinafter referred to as City. CONTRACT Susan Kimball, Mayor BUYER: City of Owasso, Oklahoma David Golzar SELLER: David Golzar 2 Sherry Bishop, City Clerk Attest: Exhibit !fA!f Said Parcel 9 containing 6854.60 square feet or 0.16 Acres, more or less, of new right-of- way. Beginning at the Southwest comer of said NW/4 NW/4 SW/4; thence South 89*58'10" East for 480.95 feet to the Westerly Right-.of.Way line of Highway 169, said point also being the Southeast comer of Lot 1, Block 1, Morton View Addition to the City of Owasso; thence South 27*35'29" West a distance of 0.00 feet; thence Southwesterly along said Right-of-Way on a curve to the left having a radius of 5,230.51 feet and a central angle of 4*09'35" for a distance of379.16 feet; thence North 89*58'10" West for 317.43 feet to the West Line of said NW/4 SW/4; thence due North along said West line for 342.73 feet to the Point of Beginning; less the West 30 feet for roadway purposes. The East 20 feet of the West 50 feet of a parcel of land, containing 2.86 Acres, more or less, lying in the Northwest Qumier of the Southwest Quarter (NW/4, SW/4) of Section Twenty (20), Township Twenty-One (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the United States Govermnent Survey thereof, more particularly described as follows, to.wit: Parcel No.9 Employees, agents or contractors representing the City of Owasso and lor the Owasso Public Works Authority shall be permitted the right to enter upon the above described property prior to the Closing of this transaction as above stated to construct a street project for the Garnett Street Widening Project. The City of Owasso andlor the Owasso Public Works Authority covenants and agrees to indemnify, defend and hold Seller harmless from and against all cost, loss, expenses and claims (actual or threatened) incurred by said Seller with respect to the work to be performed herein prior to the Closing. 3. SPECIAL CONDITIONS: 2. CLOSING. At the time set for closing, Seller shall execute, acknowledge and deliver to City a good and sufficient warranty deed in statutory form, conveying to the City all of said property, free and clear of all taxes, liens and encumbrances. Concurrently with the delivery of said deed, Seller shall deliver to City quiet and peaceable possession of all of said property. together with all improvements thereon and hereditaments and appurtenances there unto belonging, free and clear of all liens, mortgages, easements, assessments and encumbrances of every kind and character whatsoever, and to warrant the title to same by through and under Seller. See Exhibit A attached hereto, 1. SALE. Seller will sell, transfer and convey to the City by good and sufficient special warranty deed the following described real property in Owasso, Tulsa County, State of Oklahoma, to-wit: WITNESSTH That for and in consideration ofthe sum of Thirty Two Thousand, Nine Hundred Eighty and 00/100 Dollars ($32,980.00) to be paid by the City to the order of Seller, as hereinafter provided, the parties have agreed as follows: THIS AGREEMENT, by and between Morton Family Trust, hereinafter referred to as Seller, and the City of Owasso, Oklahoma, a municipal corporation, hereinafter referred to as City. CONTRACT 2 Sheny Bishop, City Clerk Attest: Susan Kimball, Mayor BUYER: City of Owasso9 Oklahoma SELLER: Morton Family Trust IN WITNESS WHEREOF, the parties have executed this Contract at Owasso, Oklahoma, this day of January, 2005. Exhibit II AH The east 20 feet of the west 50 feet of a parcel of land lying in the South Half (S/2) of the South Half (S/2) of the Northwest Quarter of the Northwest Quarier of the Southwest Quarter (NW/4, NW/4, SW/4) of Section 20, Township 21 North, Range 14 East of the Indian Base and Melidian, Owasso, Tulsa County, Oklahoma, according to the U. S. Government Survey thereof, LESS AND EXCEPT the West 30 feet thereof for highway purposes, containing 3298.0 square feet or 0.08 Acres, more or less. Parcel No.8 Employees, agents or contractors representing the City of Owasso and lor the Owasso Public Works Authority shall be permitted the right to enter upon the above described property prior to the Closing of this transaction as above stated to constmct a waterline project for the Garnett Street Widening Project. The City of Owasso andlor the Owasso Public Works Authority covenants and agrees to indemnify, defend and hold Seller harmless from and against all cost, loss, expenses and claims (actual or threatened) incurred by said Seller with respect to the work to be performed herein prior to the Closing. The City agrees that the waterline construction and installation upon Seller's property will be completed within sixty (60) days of initiation of the waterline constmction and installation work upon Seller's property. The City will retain the right to go upon said property to perform pavement replacement and clean up activities until conclusion of the Garnett Street Widening Project. 3. SPECIAL CONDITIONS: 2. CLOSING. At the time set for closing, Seller shall execute, acknowledge and deliver to City a good and sufficient document conveying a perpetual easement for public purposes to the City all of said property, free and clear of all liens, mortgages, easements, assessments and encumbrances of every kind and character. free and clear of all liens, mortgages, easements, assessments and encumbrances of every kind and character whatsoever, and to warrant the title to same. See Exhibit A attached hereto, 1. SALE. Seller will sell, transfer and convey to the City by good and sufficient documentation a perpetual easement for public purposes in, on, over and through the following described real property in Owasso, Tulsa County, State of Oklahoma, to-wit: WITNESSTH That for and in consideration of the sum of Forty-two Thousand and 001100 Dollars ($42,000.00), as well as additional consideration to be provided by the City as more specifically set forth hereinafter, to be paid by the City to the order of Seller, as hereinafter provided, the parties have agreed as follows: THIS AGREEMENT, by and between MTC Investments, Inc., hereinafter referred to as Seller, and the City of Owasso, Oklahoma, a municipal corporation, hereinafter referred to as City. CONTRACT Sherry Bishop, City Clerk Attest: Susan Kimball, Mayor BUYER: City of Owasso, Oklahoma Rick Mahar, President SELLER: MTC IN WITNESS WHEREOF, the parties have executed this Contract at Owasso, Oklahoma, this_____ _.dayof 2005. Exhibit ft Aft Ja)1les B. Pearson, L'".S. L.S. No. 1532 The east 10 feet of the east 165 feet of Lot 1, Block 1, Heritage Addition, an addition to the City of Owasso, Tulsa County, State of Oklahoma, according to the recorded Plat thereof, containing 0.04 Acres, more or less. ". Parcel No.5 B. The City shall increase the stOlm sewer capacity between the Seller's tract and the Owasso 20, LLC property to accommodate the fully urbanized upstream water run off by providing for a storm water conveyance system of sufficient size consisting of a pipeline from the southwest comer of the Seller's tract to the east side of Gamett A. Employees, agents or contractors representing the City of Owasso and lor the Owasso Public Works Authority shall be permitted the right to enter upon the above described property prior to the Closing of this transaction as above stated to constmct a street project for the 96th and Garnett Street Intersection and Widening Projects. The City of Owasso andlor the Owasso Public Works Authority hereby indemnifies, defends and holds Seller harmless from and against all cost, loss, expenses and claims (actual or threatened) incuned by Seller with respect to the work to be perfOlmed herein prior to the Closing; 3. SPECIAL CONDITIONS. 2. CLOSING. The Closing shall occur on a mutually acceptable date, but in no event later than March 1, 2005. At Closing, Seller shall execute, acknowledge and deliver to City a good and special warranty deed in statutory fonn, conveying to the City all of said property, free and clear of all taxes, liens and encumbrances. Concunently with the delivery of said deed, Seller shall deliver to City quiet and peaceable possession of all of said property. together with all improvements thereon and hereditaments and appurtenances there unto belonging, free and clear of all liens, mortgages, easements, assessments and encumbrances of every kind and character whatsoever, and to warrant the title to same by through and under Seller. See Exhibit A attached hereto, 1. SALE. In consideration of the sum of Four Hundred Eighty-Three Thousand, Eight Hundred Thirty-Eight and 00/100 Dollars ($483,838.00), $10.00 per square foot for 20,024 square feet and $14.00 per square foot for 20,257 square feet, to be paid by the City to the order of Seller, as hereinafter provided, the parties have agreed that Seller shall sell, transfer and convey to the City by good and sufficient special warranty deed the following described real property in Owasso, Tulsa County, State of Oklahoma, to-wit: WITNESSETH THIS AGREEMENT, by and between Owasso 7, LLC, an Oklahoma limited liability company, hereinafter referred to as Seller, and the City of Owasso, Oklahoma, a municipal corporation, hereinafter refened to as City. CONTRACT 2 IN WITNESS WHEREOF, the parties have executed this Contract at Owasso, Oklahoma, this_nday of Febmary, 2005. The provisions of Section 3 shall survive the Closing of this transaction. F. 1031 EXCHANGE- The City agrees that Seller may designate prior to Closing that this transaction shall be conducted as a Section 1031 Exchange under the Internal Revenue Code of 1986, as amended, provided that Seller pay all costs associated with the Section 1031 Exchange and the Closing is not delayed. If Seller elects such option, the City shall cooperate with Seller to effect the Section 1031 Exchange. All costs and expenses in connection with such Section 1031 Exchange shall be the responsibility of Seller. Seller shall indemnify the City from and against any and all loss, liability, damage, cost or expense suffered or incurred by the Section 1031 Exchange. E. At the time that the Seller designates to the City a predetermined time for the annexation of Seller's tract, the City, within a reasonable amount of time from such notification, shall cooperate and suppoli the annexation request as well as cooperate and suppOli a request from the Seller, subsequent to annexation, for a rezoning of the tract to Commercial High Intensity "CH" with developmentally adequate curb cuts. D. At the time the Seller notifies the City of its intentions to develop the Seller's tract, the City, within 120 days from such notification, shall, at City's sole cost and expense, cause the existing overhead electrical lines on or abutting the Seller's tract to be located underground in the then existing right of way; and, C. The City, at its sole cost and expense, shall deposit all excess fill material from the excavation associated with the Gamett Road Widening Project onto the southwest corner of Seller's tract. Any fill material in excess of 35,000 cubic yards shall be deposited on the front one hundred feet of the Owasso 20, LLC property; Road as well as constructing an adequately sized box culvert approximately 565 feet south of the intersection of Garnett Road and 96th Street North. In conjunction herewith, the City hereby assures to Seller that the on-site storm water detention requirements of the Seller's tract from which the right of way is hereby being obtained, refened to as Parcel No. 4 of the 96th and Garnett Road Intersection Improvements Project, as well as the tract ofland owned by Betty Smith from which right of way for the referred to project is also being obtained as Parcel 9 thereof, may be accommodated offsite by detention on a tract of land owned by Owasso 20, LLC and refened to as Parcel 10 in the Gamett Road Widening Project; Susan Kimball, Mayor BUYER: City of Owasso, Oklahoma John C. Bumgarner, Jr., Manager SELLER: Owasso 7, LLC 3 Sherry Bishop, City Clerk Attest: E826B (57) 1/27/05:RM:sky 2114.17 96th St N Garnett-Spears Tract Exhibit "A" OF LAND. SECTION 17 FOR 644.82' TO THE "POINT OF BEGINNING" OF SAID TRACT PERPENDICULAR FROM THE WESTERLY LINE OF MEASURED 16.50 ' SECTION 17 FOR 315.51'; THENCE DUE NORTH AND PARALLEL WITH AS PERPENDICULAR FROM THE SOUTHERLY LINE OF MEASURED 16.50 ' S 00006'01" E FOR 43.50'; THENCE S 89055'59" W PARALLEL WITH AS THENCE 243.61' ; FOR LINE SOUTHERLY SAID WITH PARALLEL THE SOUTHERLY LINE OF SECTION 17; THENCE N 89055'59"E AND S 45002'02" E FOR 40.03' TO A POINT THAT IS 60.00' NORTHERLY OF THENCE 573.00'; FOR SECTION 17 OF LINE WESTERLY THE "POINT OF BEGINNING" OF SAID TRACT OF LAND; THENCE CONTINUING N89055'44" E ALONG SAID NORTHERLY LINE FOR 43.50'; THENCE DUE SOUTH AND PARALLEL WITH AS MEASURED 60.00' PERPENDICULAR FROM STARTING AT THE SOUTHWEST CORNER OF SAID SECTION 17; THENCE DUE NORTH ALONG THE WESTERLY LINE OF SECTION 17 FOR 661.32' TO THE NORTHWEST CORNER OF THE SW/4 OF THE SW/4 OF THE SW/4; THENCE N 89055'44" E ALONG THE NORTHERLY LINE THEREOF FOR 16.50' TO THE A TRACT OF LAND THAT IS PART OF THE SW/4 OF THE SW/4 OF THE SW/4 OF SECTION 17, T-21-N, R-14-E OF THE INDIAN BASE AND MERIDIAN, CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, SJ..\.ID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: (OWASSO 7 - 96TH STREET NORTH & GARNETT ADDITIONAL R/W) LEGAL DESCRIPTION B. The City hereby assures to Seller that any current or future onsite storm water detention requirements of the Owasso 7, LLC property referred to as Parcel No.4 of the 96th and Garnett Road Intersection Improvements Project, as well as the tract of land owned by Betty Smith from which right of way for the refened to proj ect is also being obtained as Parcel 9 thereof, may be accommodated offsite by detention on the A. Employees, agents or contractors representing the City of Owasso and lor the Owasso Public Works Authority shall be permitted the right to enter upon the above described property prior to the Closing of this transaction as above stated to constmct a street project for the Garnett Street Widening Project. The City of Owasso andlor the Owasso Public Works Authority hereby indemnifies, defends and holds Seller harmless from and against all cost, loss, expenses and claims (actual or threatened) incurred by Seller with respect to the work to be perforn1ed herein prior to the Closing; 3. SPECIAL CONDITIONS: 2. CLOSING. The Closing shall occur on a mutually acceptable date, but in no event later than March 1, 2005. At Closing, Seller shall execute, acknowledge and deliver to City a good and special wananty deed in statutory form, conveying to the City all of said propeliy, free and clear of all taxes, liens and encumbrances. Concurrently with the delivery of said deed, Seller shall deliver to City quiet and peaceable possession of all of said property. together with all improvements thereon and hereditaments and appmienances there unto belonging, free and clear of all liens, mortgages, easements, assessments and encumbrances of every kind and character whatsoever, and to warrant the title to same by through and under Seller. See Exhibit A attached hereto, 1. SALE. In consideration of the sum of Two Hundred Eighty-Six Thousand, Eight Hundred Eighty and 00/1 00 Dollars ($286,880.00), 28,688 square feet at $10.00 per square foot, to be paid by the City to the order of Seller, as hereinafter provided, the pariies have agreed that Seller shall sell, transfer and convey to the City by good and sufficient special wananty deed the following described real property in Owasso, Tulsa County, State of Oklahoma, to-wit: WITNESSETH THIS AGREEMENT, by and between Owasso 20, LLC, an Oklahoma limited liability company, hereinafter referred to as Seller, and the City of Owasso, Oklahoma, a municipal corporation, hereinafter refened to as City. CONTRACT The provisions of Section 3 shall survive the Closing of this transaction. F. 1031 EXCHANGE- The City agrees that Seller may designate prior to Closing that this transaction shall be conducted as a Section 1031 Exchange under the Intemal Revenue Code of 1986, as amended, provided that Seller pay all costs associated with the Section 1031 Exchange and the Closing is not delayed. If Seller elects such option, the City shall cooperate with Seller to effect the Section 1031 Exchange. All costs and expenses in connection with such Section 1031 Exchange shall be the responsibility of Seller. Seller shall indemnify the City from and against any and all loss, liability, damage, cost or expense suffered or incurred by the Section 1031 Exchange and such indemnity shall survive the Closing." E. The Seller, for no additional consideration, hereby grants unto the City an Option to Purchase the eleven (11) acres on the westem half, i.e., the "back half', to utilize same exclusively as a regional park and storm water detention facility for a price of $1,437,480.00. The City hereby agrees that the Regional Park and stonn water detention facility may accommodate the Seller's tract, the Ow as so 7, LLC propeliy and the Betty Smith property's onsite stOlm water detention requirements. In addition, the City agrees to reimburse Seller for a pOliion of any storm water conveyance system improvements that Seller installs in an amount that is equal to but not greater than the amount Seller expends on the storm water conveyance system improvements for capacity which is in excess of Seller's requirements to meet Seller's foregoing desired storm water detention. Such Option to Purchase may be exercised by the City at any time within five (5) years from the date hereof by the City giving written note to the Seller of City's intent to exercise said option. In the event such Option to Purchase is exercised by the City, Seller and City shall enter into a mutually agreeable contract regarding same. The Option to Purchase granted hereby is not assignable by City without the prior written consent of the Seller or Seller's assignees or successors in interest. At the time that the Seller designates to the City a predetermined time for the annexation of Seller's tract, the City, within a reasonable amount of time from such notification, shall cooperate and support the annexation request as well as cooperate and suppOli a request from the Seller, subsequent to annexation, for a rezoning of the Seller's tract to (1) Commercial General "CG" of the east ten (10) acres of Seller's tract and (2) Residential Multi-Family of the west ten (10) acres of Seller's tract with developmentally adequate curb cuts; and, C. The City shall, at City's sole cost and expense, shall cause the electrical lines east and parallel to the Seller's tract to remain on the eastem side of Gamett Road in the then existing right of way and parallel to Seller's tract; back half of the Seller's. In conjunction herewith, the City hereby assures to Seller that the Owasso 7, LLC propeliy and the Betty Smith property may utilize then existing public rights of way to enable said properties to access the storm water detention facilities on the western half, i.e., the "back" half of Seller's tract; Sherry Bishop, City Clerk Attest: Susan Kimball, Mayor BUYER: City of Owasso, Oklahoma John C. Bumgarner, Jr., Manager SELLER: Owasso 20, LLC IN WITNESS WHEREOF, the parties have executed this Contract at Owasso, Oklahoma, this___day of Febmary, 2005. E825B (57) 1I27/05:RM:sky 2114.17 96th St N Garnett-Harrell Tract Exhibit" A" FROM THE EASTERLY LINE OF SECTION 19 FOR 659.49' TO A POINT ON THE NORTHERLY LINE OF THE S/2 OF THE NE/4 OF THE NE/4; THENCE S 89059'19" E ALONG SAID NORTHERLY LINE FOR 43.50' TO THE "POINT OF BEGINNING" OF SAID TRACT OF LAND. SAID TRACT OF LAND; THENCE S 00005'04" E AND PARALLEL WITH THE EASTERLY LINE OF SECTION 19 FOR 659.49' TO A POINT ON THE SOUTHERLY LINE OF THE S/2 OF THE NE/4 OF THE NE/4; THENCE N 89058'53" W ALONG SAID SOUTHERLY LINE FOR 43.50'; THENCE N 00005'04" W AND PARALLEL WITH AS MEASURED 60.00' PERPENDICULAR NORTHERLY LINE THEREOF FOR 16.50' TO THE "POINT OF BEGINNING" OF THENCE N 89059' 19" W ALONG THE NE/4 OF SAID SECTION 19; STARTING AT THE NORTHEAST CORNER OF THE S/2 OF THE NE/4 OF THE A TRACT OF LAND THAT IS PART OF THE WESTERLY 43.50' OF THE EASTERLY 60.00' OF THE S/2 OF THE NE/4 OF THE NE/4 OF SECTION 19, T-21-N, R-14-E OF THE INDIAN BASE AND MERIDIAN, CITY OF OWASSO, TULSA COUNTY, OKLJ.\HOMA, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: (OWASSO 20 - ADDITIONAL GARNETT R/W) LEGAL DESCRIPTION IN WITNESS WHEREOF, the parties have executed this Contract at Owasso, Oklahoma, this day of February, 2005. Employees, agents or contractors representing the City of Owasso and lor the Owasso Public Works Authority shall be permitted the right to enter upon the above described property prior to the Closing of this transaction as above stated to constmct a street project for 96th Street North. The City of Ow ass 0 andlor the Owasso Public Works Authority covenants and agrees to indemnify, defend and hold Seller harmless from and against all cost, loss, expenses and claims (actual or threatened) incurred by said Seller with respect to the work to be performed herein prior to the Closing. 3. SPECIAL CONDITIONS: 2. CLOSING. At the time set for closing, Seller shall execute, acknowledge and deliver to City a good and sufficient warranty deed in statutory form, conveying to the City all of said property, free and clear of all taxes, liens and encumbrances. Concurrently with the delivery of said deed, Seller shall deliver to City quiet and peaceable possession of all of said property. together with all improvements thereon and hereditaments and appurtenances there unto belonging, free and clear of allliens, mortgages, easements, assessments and encumbrances of every kind and character whatsoever, and to wanant the title to same by through and under Seller. See Exhibit A attached hereto, 1. SALE. Seller will sell, transfer and convey to the City by good and sufficient special warranty deed the following described real property in Owasso, Tulsa County, State of Oklahoma, to-wit: WITNESSTH That for and in consideration of the sum of Seventy Four Thousand, One Hundred Ninety and 69/1 00 Dollars ($74,190.69) to be paid by the City to the order of Seller, as hereinafter provided, the patiies have agreed as follows: THIS AGREEMENT, by and between Seayco- The Owasso Market, L.L.c., an Oklahoma limited liability company, hereinafter refened to as Seller, and the City of Owasso, Oklahoma, a municipal corporation, hereinafter referred to as City. CONTRACT Susan Kimball, Mayor BUYER: City of Owasso, Oklahoma Christopher Seay, Manager SELLER: Seayco~ The Owasso Market, L.L.C 2 Sheny Bishop, City Clerk Attest: EXI--IIBIT A Said tract contains 7,419.069 square feet or 0.17 acres more or less. Commencing from the Southwest Comer of said Section 17, Thence Easterly along the South line of the SW/4 a distance of 1325.31 feet, Thence N 01014'37" W a distf!.nce of 50.00 feet to a point on the present right-of-way line of East 96th Street North and the Pointpf Beginning; Thence N 01010'34" W a distance of 10.00 feet, Thence N 88045'23" E a distance of 167.79 feet, Thence N 01014'37" W a distance of 40.00 feet, Thence N 88045'23" E a distance of 78.09 feet, Thence S 0I014'3"l" E a distance of 40.00 feet, Thence N 88045'23" E a distance of 183.64, Thence S 01004'48" E a distance of 10.00 feet, Thence S 88045'23" W a distance of 429.53 feet to the Point of Beginning. Lot 1, Block 2, Owasso Market II a subdivision in part of the Southeast (SE/4) of Section 17, Township 21 North, Range 14 East, Tulsa County, Oklahoma, more particularly described as follows: Parce18.0 EXHIBIT A Said tract contains 6,710.708 square feet or 0.15 acres more or less. Commencing from the Southwest Corner of said Section 17, Thence Easterly along the South line of the SW/4 a distance of 1325.31 feet, Thence N 01014'37" W0 distance of 60.00 feet to the Point of Beginning; Thence N 01010'34" W a distance of 40.00,Jeet,_ Thence N 88045'23" E a distance of 167.74 feet, Thence SOl 014'37" E a distance of 40.00 fe.et, Thence S 88045 '23" W a distance of 167.79 feet to the Point of Beginning. A part of the Southeast (SE/4) of Section 17, Township 21 North, Range 14 East, Tulsa County, Oklahoma, more particularly described as follows: Parcel 8.1 EXHIBIT A Said tract contains 7,347.715 square feet or 0.17 acres more or less. Commencing from the Southwest Comer of said Section 17, Thence Easterly along the South line of the SW/4 a distance of 1571.27 feet, Thence N 01014'37" W ~ distance of 60.00 feet to the Point of Beginning; Thence N 01010'34" W a distance of 40.00}eet, Thence N 88045'23" E a distance of 183.75 feet, Thence S 01004'48" E a distance of 40.00 feet, Thence S 88045'23" W a distance of 183.64 feet to the Point of Beginning. A part of the Southeast (SE/4) of Section 17, Township 21 North, Range 14 East, Tulsa County, Oklahoma, more particularly described as follows: Parce18.2 IN WITNESS WHEREOF, the parties have executed this Contract at Owasso, Oklahoma, this day of February, 2005. Employees, agents or contractors representing the City of Owasso and lor the Owasso Public Works Authority shall be permitted the right to enter upon the above described property prior to the Closing of this transaction as above stated to constmct a street project for 96th Street North as well as the Garnett Widening Project. The City of Owasso andlor the Owasso Public Works Authority covenants and agrees to indemnify, defend and hold Seller harmless from and against all cost, loss, expenses and claims (actual or threatened) incurred by said Seller with respect to the work to be performed herein prior to the Closing. 3. SPECIAL CONDITIONS: 2. CLOSING. At the time set for closing, Seller shall execute, acknowledge and deliver to City a good and sufficient warranty deed in statutory form, conveying to the City all of said property, free and clear of all taxes, liens and encumbrances. Concurrently with the delivery of said deed, Seller shall deliver to City quiet and peaceable possession of all of said property. together with all improvements thereon and hereditaments and appmienances there unto belonging, free and clear of all liens, mortgages, easements, assessments and encumbrances of every kind and character whatsoever, and to warrant the title to same. See Exhibit A attached hereto, 1. SALE. Seller will sell, transfer and convey to the City by good and sufficient warranty deed the following described real property in Owasso, Tulsa County, State of Oklahoma, to-wit: WITNESSTH That for and in consideration ofthe sum of Five Hundred Thirty-three Thousand, Four Hundred Ninety.six and 25/100 Dollars ($533,496.25) to be paid by the City to the order of Sellers, as hereinafter provided, the parties have agreed as follows: THIS AGREEMENT, by and between Betty Jane Smith, a Widow, hereinafter referred to as Seller, and the City of Owasso, Oklahoma, a municipal corporation, hereinafter referred to as City. CONTRACT Susan Kimball, Mayor BUYER: City of Owasso9 Oklahoma Betty Jane Smith SELLER: Betty Jane Smith 2 Sherry Bishop, City Clerk Attest: .. EXHIBIT A Said tract contains 51,229.545 square feet or 1.18 acres more or less of new right-of-way. Commencing from the Northwest Comer of said Section 20; Thence Easterly along the North line of the NW /4 a distance of 50.00 feet; Thence SOlO 14 '37" E a distance of 50.00 feet to the Point of Begirming; Thence Easterly and parallel to the North line of said Section 20 a distance of 1659.03 feet; Thence S 01014'37" E a distance of20.00 feet; Thence S 88045'23" W a distance of52.17 feet; Thence N 01014'37" W a distance of 10.00 feet: Thence Westerly and parallel to the North line of said Section 20 a distance of 478.56 feet; Thence S 01014'37" E a distance of 10.00 feet; Thence Westerly and parallel to the North line of said Section 20 a distance of 128.26 feet; Thence N 85031 '59" W a distance of 100.50 feet; Thence Westerly and parallel to the North line of said Section 20 a distance of861.75 feet; 111ence S 43046'37" W a distance of 40.01 feet; Thence Southerly and parallel to the West line of said Section 20 a distance of 1498.98 feet; Thence S 88045'23" W a distance of 43.50 feet; Thence Northerly and parallel to the West line of said Section 20 a distance of 267.65 feet; Thence N 88045'23" E a distance of 23.50 feet; Thence Northerly and parallel to the West line of said Section 20 a distance of769.62 feet; Thence N 88045'23" E a distance of 10.00 feet; Thence Northerly and parallel to the West line of said Section 20 a distance of 500.00 feet to the Point of Beginning. A part of the NOlihwest (NW /4) of Section 20, Township 21 North, Range 14 East, Tulsa County, Oklahoma, more particularly described as follows: Parcel 9.0 $4,946,617.00 AP AC-Oklahoma, Inc. $4,691,722.80 Becco Contractors, Inc. Two bids were received and opened at 2:00 PM CDT on January 21, 2005 as summarized below: SOLICITATION OF BIDS: Notice to Bidders was published in the Owasso Reporter on December 23, 2004 for a bid opening on January 21, 2005. A mandatory pre-bid meeting was held at Owasso City Hall on January 12, 2005. Council approved the Agreement for engineering design services with C2A Engineering on June 1, 2004. Contract documents, including drawings, specifications and bidding documents for improvements were completed on December 20, 2004. Contract documents are structured with a unit-price base bid to complete all identified construction work. The base bid includes subtotals for roadway items, traffic operations, traffic signing and waterline upgrades. The Engineer's Opinion of Probable Project Cost prepared by C2A Engineering in January 2005 is $5,030,640 for the Total Base Bid. BACKGROUND: Included in the Capital Improvements Plan, the project consists of the widening of N. Garnett Road from E. 86th Street North to E. 96th Street North, complete with the constmction of five lanes of roadway, new sidewalk, curb and gutter, and signalization improvements at the intersection with E. 86th Street North (see Attachment A). The work will be integrated with improvements to E. 96th Street North and N. Garnett Road intersection to be completed prior to the expected opening of the Smith Farm shopping center (anticipated to be around October 2005). DATE: January 26, 2005 SUBJECT: BID AWARD NORTH GARNETT ROAD IMPROVEMENTS FROM: JOE NURRE, P,K SENIOR CIVIL ENGINEER TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OW ASSO MEMORANDUM ATTACHMENTS: A. Project Map B. Engineer's Recommendation of Award RECOMMENDATIONS: Staff recommends Council award a contract for construction of N. Garnett Road Improvements to Becco Contractors, Inc., Tulsa, Oklahoma in the total amount of$4,691,722.80. FUNDING: Sufficient funds remain in the Capital Improvements Fund for this project. A public meeting to inform the residents of the details of the work has been scheduled for Thursday, Febmary 2005 from 7:00 PM to 9:00 PM at the Faith Lutheran Church, 9222 NOlih Garnett Road. The successful bidder will be required to pariicipate in the meeting and address citizens concerns prior to the start of construction. The consulting engineer completed a Bid Tabulation and provided a Recommendation of Award on January 25, 2005 (Attachment B). Becco Contractors has met all requirements of the bid process and was determined to be the lowest responsive, responsible bidder with a bid amount of $4,691,722.80. Page 2 Bid Award North Garnett Road Improvements 5516 SouU, 1 ,~wis ^velluc, Suite 20 I - Tulsn, Oklahoma 74105 - Phon~: (91 R) 712-50RO - Fax: (91 R) 712-5990 cc: Ana Stagg, P. E., Public Works Director File Attachments ;;1d Bill Cyganovich, P.E. Project Manager If you have any questions or need additional information, please contact me at (918) 712-5080. We recommend the bid be awarded to Becco Contractors, inc. for a total bid of $4,691,722.80. The bids appear regular and responsive. There were no obvious weighted bids on any item. AP AC had an error in the written bid versus the numeric bid for Item 123. This did not materially change APAC's total and they remain the second low bidder. Attached are four signed and sealed copies of the Bid Tabulation for the above stated project We have also attached the two bidders bid packages. Dear Joe: Norih 86th North Garnett Bid Tabulation 74055 Joe Nurre Public Works Department City of Owasso . Box 1 80 24 January 2005 :=---~ e,..u."'''''''R'NUl,INr..i" lllll!-a'}{ 'nln{H,I'PI '~''''1-. 'l>'1.,r,' A I I At;HMEI\IT B The consulting engineer completed a Bid Tabulation and provided a Recommendation of Award on January 25, 2005 (Attachment B). Becco Contractors has met all requirements of the bid $2,776,294.20 $2,826,429.35 $3,572,588.03 AP AC-Oklahoma, Inc. Horizon Constmction Inc. Becco Contractors, Inc. Three bids were received and opened at 2:00 PM CDT on January 21, 2005 as summarized below: SOLICITATION OF BIDS: Notice to Bidders was published in the Owasso Reporter on December 23, 2004 for a bid opening on January 21, 2005. A mandatory pre-bid meeting was held at Owasso City Hall on January 12, 2005. Engineering design was initiated in August 2002 by C. H. Guernsey & Company. Contract documents, including drawings, specifications and bidding documents for improvements were completed on December 20, 2004. Contract documents are structured with a unit-price base bid to complete all identified constmction work. The base bid includes subtotals for roadway items, traffic operations, traffic signing and waterline upgrades. The Engineer's Opinion of Probable Project Cost prepared by C. H. Guernsey & Company in January 2005 is $3,621,975 for the Total Base Bid. BACKGROUND: Included in the Capital Improvements Plan, this project encompasses widening and signalization upgrade of the intersection at E. 96th Street North and N. Gamett Road, including constmction of new sidewalk, curb and gutter and drainage improvements (see Attachment A). The work will be integrated with improvements to N. Gamett Road Improvements to be completed prior to the expected opening of the Smith Farm shopping center (anticipated to be around October 20(5). DATE: January 25,2005 BID AWARD EAST 96TH STREET NORTH INTERSECTION IMPROVEMENTS FROM: JOE NURRE, P.E. SENIOR CIVIL ENGINEER TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OW ASSO MEMORANDUM ATTACHMENTS: A. Project Map B. Engineer's Recommendation of Award RECOMMENDATIONS: Staff recommends Council award a contract for construction of N. Garnett Road Improvements to Becco Contractors, Inc., Tulsa, Oklahoma in the total amount of $2,776,294.20. FUNDING: Sufficient funds remain in the Capital Improvements Fund for this project. A public meeting to infOl1TI the residents of the details of the work has been scheduled for Thursday, February 3,2005 from 7:00 PM to 9:00 PM at the Faith Lutheran Church, 9222 North Garnett Road. The successful bidder will be required to participate in the meeting and address citizens concems prior to the start of construction. process and was detel1TIined to be the lowest responsive, responsible bidder with a bid amount of $2,776,294.20. Page 2 Bid Award E. 96th Street North and N. Garnett Road Intersection Improvements 5555 North Gf~nu 8oulovnrd Oklahoma City, 01< 7:l112.SS07 40S.416.8100 fox 405.416.0111 'NWW .ChQUEH t"Il:'lny .con, C. H. GUERNSEY & COMPAN} C:no(nc~'I.~ . !\rohilocls . CO//lilll/alll, OU!~N$tnf 1. A I I Al;HMENT B P(uvicltnQ qU.J/i(y, pro{e::'JsionQI B(lrV!c05 -" GUERNSEY (wl/mork .<,incfI 1928 C~. H. GUERNSEY & C01v1PANY Sinccl'c.:'ly, We n:commcnd lh.'lt Conrmct for the' above referenced project be Zl.wc1l'dcd to D(,,>c('() Contmctors, Inc. Bjds Were received by the City of OWE\SSO tot' the rderenced pwj(>ct On J;:m.1.1i1ry 21, 2005. Thrl'~ (3) companies submitted bidst wllkh ha.vc been CV<lllMl(~d by Ollr 0ffic.c 85 shown on the accompanying bid tabulation. The npP;ll'('nt low bidder i(; Hecco Contractors, 'Inc. The bid submitted by Becco COhlr,lclors, Inc. totaled $2/776,294.20. Dec\r Ml'. Nurre: Re: E 961h Slt-l'd North Tmprovemcnts (Norlh Ctlrnctt RUild to North. 1. 191}, Ease AVC't1l1C) Mr. Joe Nurre, P.E. City of OWi1S50 Public vVorko.; UCpMl1110nt 301 W. 2.1',.1 AVl'ntlC OVlli1SS0, OK 74055 Ji\nUi))'Y 2~), 2005 SOLICITATION OF BIDS: Notice to Bidders was published in the Owasso RepOlier on December 16, 2004 for a bid opening on January 14, 2005. A mandatory pre-bid meeting was held at Owasso City Hall on January 5,2005. In June 2004, Council approved an Agreement for Engineering Services with The Benham Companies, Inc. for the final design of the North Service Area Water Transmission Line. Contract documents, including drawings, specifications and bidding documents for these improvements were completed on December 16, 2004. The documents are structured with a unit- price bid to complete all identified components of the work. The Engineer's Opinion of Probable Project Cost prepared by The Benham Companies, Inc. in January 2005 is $1,890,000.00. BACKGROUND: As part of the Waster System Improvements (Phase I), this project provides for the constmction of 3,900 linear feet of 30-inch water transmission piping from the comer of E. 106th Street North and N. Mingo Road to the site of the new water storage tank currently under construction. Also included are 5,200 linear feet of 24-inch water transmission piping from the tank to a connection point with the City of Owasso's water transmission system along N. Garnett Road near E. 98th Street North. The work will be coordinated to integrate with the extension of a 24-inch transmission line along N. Garnett Road constmcted concurrently with the road improvements. Constmction of the remainder of the transmission piping to the City of Tulsa connection vault and a booster pump station located in the base of the new storage tower will be completed as part of a separate project to begin in June 2005. January 27,2005 DATE: BID AWARD NORTH SERVICE AREA TRANSMISSION LINE PHASE I - WATER SYSTEM IMPROVEMENTS SUBJECT: JOE NURRE, P.K SENIOR CIVIL ENGINEER FROM: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OW ASSO TO: MEMORANDUM ATTACHMENTS: A. Proj ect Map B. Engineer's Recommendation of Award RECOMMENDATIONS: Staff recommends Council award a contract for constmction of the North Service Area Water Transmission Line - 24 and 30 Inch Lines - Phase I to McGuire Bros. Construction Company of Sapulpa, Oklahoma in the total amount of$I,698,332.00. FUNDING: Funding for the project is provided by Vision 2025. A public meeting to inform the residents of the details of the work has been scheduled for Thursday, Febmary 3, 2005 from 7:00 PM to 9:00 PM at the Faith Lutheran Church, 9222 NOlih Garnett Road. The successful bidder will be required to participate in the meeting and address citizens concerns prior to the stari of constmction. The consulting engineer completed a Bid Tabulation and provided a Recommendation of Award on January 17, 2005 (Attachment B). McGuire Brothers Construction has met all requirements of the bid process and was detelmined to be the lowest responsive, responsible bidder with an amount of $1 ,698,332.00. $1,922,516.05 R. L. Hensley Construction Inc. $1,800,518.50 W. N. Couch Inc. $1,698,332.00 McGuire Bros. Construction Co. Three bids were received and opened at 2:00 PM CDT on January 14, 2005 as summarized below: Page 2 of2 Bid Award North Service Area Transmission Line US Mail Hand Carry Copy for: Mr. Joe Nurre, City Engineer TDM/bh Bid Tabulation Sheet ~~~ Thomas D. Mansur, P.E. Project Engineer THE BENHAM COMPANIES, LlC Sincerely, We have examined the bids and related documentation and prepared a tabulation of bids which is enclosed herewith. Accordingly, having found the bids in order, we recommend that the Authority award the Project to McGuire Brothers Construction Company. If you have any questions or further guidance, please do not hesitate to contact me. The Owasso Public Works Authority received bids for subject project January 14, 2005. The low bidder was McGuire Brothers Construction Company, Inc., with a bid of $1,698,332.00. The Engineer's Estimate for the project was $1,890,000.00. Dear Ms. Stagg: Award Construction Upper Service Plane Transmission Lines Ms. Ana Stagg, City of Owasso 180 Public Works January 17,2005 ATTACHMENT B OUNCIL WITH THIS AGENDA@ THER ITEM This is "federalizing" the incident command system that is already established. The federal government wants this national system to be in place in the entire United States so that all governmental agencies are on the same page when dealing with a disaster situation. It allows for any agency that assists, aids, takes over jurisdiction, etc to know how the management of the event will happen. While many agencies or cities use the incident command system already, many do not or only use it in a major event. With the federalizing of this system everyone will know "Who" is in charge of the event as there There is a big push by the Oklahoma Department of Emergency Management to get this bill passed and signed into law and it should pass in 2005. All cities and towns will have to comply with this system or else they will not be eligible for future federal funding. Although compliance will be mandatory, it may be 2006 before it all falls into place and a city must comply. "The National Incident Management System (NIMS) shaH be the standard for incident management in the State of Oklahoma. All on-scene management of disasters and emergencies shaH be conducted using the Incident Command System (ICS)." The amended Section will read as follows: This system will be known as "THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS)". Title 63 O.S. 2003, Section 683.2 is presently in the process of being amended. Once this bill passes, it will establish that a standard statewide system for handling both disasters and emergencies OCCUlTing in Oklahoma. BACKGROUND: JANUARY 24, 2005 DATE: TWO LEGISLATIVE BILLS REGARDING STATE EMERGENCY PREPAREDNESS AND STATEWIDE MUTUAL AID LARRY WHITE SUPPORT SERVICES DIRECTOR FROM: HONORABLE MAYOR AND COUNCIL CITY OF OW ASSO TO: MEMORANDUM In addition to the overview course it would be recommended all department directors and department supervisors attend Incident Management Training (if they are not already certified in it or have not taken the course that the federal government has certified). Additional training would include the first responders. The state is working on what training will be mandated for first responders and it should be determined soon. The State Department of Emergency Management is implementing an overview awareness course (approximately 2-3 hours in length) designed for top officials of the cities and towns in the state. The required overview course mentioned above is a 3 hour course, consisting of a 2 12 hour PowerPoint presentation with a 30 to 45 minute test. This course is designed for all elected officials, city managers, department directors and their deputy directors, etc. The State will provide this course free of charge. If desired, the course could possibly be completed at a City Council Work Session State, territorial, tribal, and local levels jurisdictions should support NIMS implementation by: @ Completing the NIMS Awareness Course: "National Incident Management System (NIMS), An Introduction" (IS 700) @ Formally recognizing the NIMS and adopting the NIMS principles and policies @ Establishing a NIMS baseline by determining which NIMS requirements are already met III Establishing a timeframe and developing a strategy for full NIMS implementation @ Institutionalizing the use ofthe Incident Command System (ICS) State and territory level efforts to implement the NIMS must include the following: @ Incorporating NIMS into existing training programs and exercises. @ Ensuring that Federal preparedness funding (including DHS Homeland Security Grant Program, Urban Area Security Initiative (UASI) funds) support NIMS implementation at the State and local levels III Incorporating NIMS into Emergency Operations Plans (EOP) @ Promotion of intrastate mutual aid agreements @ Coordinating and providing technical assistance to local entities regarding NIMS III Institutionalizing the use of the Incident Command System (ICS) There is now a National Requirement to use the National Incident Management System (NIMS). STATE EMERGENCY PREPAREDNESS will only be "One" Incident Commander. The Incident Commander will change as the event changes insofar as which department or agency has the primary responsibility for the scene as the event develops. 1. Letter from Albert Ashwood, Director of Oklahoma's Department of Emergency Management, dated October 2004 ATTACHMENT: Staff would recommend that all city councilors, city manager, assistant city manager, all department directors and any deputy directors or chiefs attend the overview awareness course. RECOMMENDATION: P.O. BOX 53365*OKLAlIOMA CITY, OK 73152.3365*2401 NORTH LINCOLN (Will Rogers Building Tunnel)*OKLAHOMA CITY, OK 73105*405-521-2481*FAX 405.521-4053 IS-200 Basic Incident Command System hap :lltrain ino. fema. oov/EM IW eb/l Slis200 .asp IS-195 Basic Incident Command System http://trainino.fema.oov/EMIWeb/ISlis195.asp IS-100 Introduction to the Incident Command System hap :lltra ini no. fema .oov/EM IW eb/l Slis 100 .asp IS-700 National Incident Management System (NIMS) http://trainino.fema.oov/EMIWeb/IS/is700.asp First, we encourage all emergency managers and first responders to take the FEMA web based Independent Study Courses listed below. All full time employees at OEM are required to take the training. OEM will provide assistance in several ways. DOH, thru its Terrorism Preparedness and Response program, has trained numerous first responders throughout the state in the Incident Command System (ICS) and NIMS. DPS is working to provide both ICS and NIMS in the CLEET program and localized law enforcement training. OSU-FST is introducing NIMS training as part of the existing rcs cUlTlculum and plans to offer expanded web based training along with existing'localized training. OKOHS is working on issues to better inform the public of the NIMS requirement. The Oklahoma Department of Emergency Management (OEM) met with State officials from the Department of Public Safety (DPS), Department of Health (DOH), Oklahoma Office of Homeland Security (OKOHS) and Oklahoma State University Fire Service Training Center (OSU-PST) to determine how best to accomplish the Presidential requirements. Homeland Security (HLS) Secretary Ridge provided guidance his September 8, 2004 letter (attached) to all states, tribes and local governments on how to adopt the National Incident Management System (NIMS) per the Homeland Security Presidential Directive (HSPD)-5. Subject: National Requirement to use the National Incident Management System (NIMS) To an L~Emergency Managers, Fjrst Responders and Stat~ Liaiso!LOfficer~ October 29,2004 STATE OF OKLAHOMA DEPARTMENT OF EMERGENCY MANAGEMENT BRAD HENRY GOVERNOR ALBERT ASHWOOD STATE DIRECTOR Attachments ALBERT ASHWOOD Director Sincerely, Your assistance and participation in making NIMS work is appreciated. We will provide updates and more information as it is received or developed. As emergency managers, our job is to "facilitate and coordinate" resources to provide our citizens with an effective and efficient response. We must insure that our law enforcement departments, fire departments, public works departments, emergency medical services, public health professionals and all other responders and volunteers understand and use NIMS and ICS. This will insure that our response to disaster, whether in Oklahoma or assisting our neighbor states, will allow our citizens to quickly recover from disaster and return to their normal lives. All on-scene management of an emergency or disaster will be conducted using the Incident Command System." The Incident Command System (ICS), as a part of NIMS, will enable effective and efficient incident management by integrating a combination of facilities, equipment, personnel, procedure~, and communications operating with a common organizational structure. "In accordance with the Homeland Security Presidential Directive (HSPD) 5, all agencies, departments and organizations having responsibilities delineated in this EOP will use the National Incident Management System (NIMS). This system will allow proper coordination between local, state and federal organizations. We recommend that the following be inserted in the basic plan and put to practice the jurisdiction: Fourth, we encourage each jmisdiction to incorporate NIMS and IeS into it's Emergency Operations Plan (EOP). This can be done by attaching a cover letter to the plan and/or adding the changes directly to this year's (FFY 05) update. Third, OEM will provide NIMS and ICS training during the five OEM Regional Workshops in the Spling of 2005 and the Fall 2005 Oklahoma Emergency Management Conference in Tulsa. These are in addition to the recommended FEMA independent study courses. Second, we encourage each local emergency manager to work with his/her city and/or county officials to develop an ordinance or resolution adopting NIMS as the jurisdiction's system of incident management. HLS has provided a sample executive order (attached). L '-'.HJUJ nOtuOA U<1HOU V\.;lUUl::l /.71/.UU'i , As defined in the Homeland Security Act of2oo2, Section 2(10): 1l1C leITil "local government" means "(A) counly, municipality. city, lown, township, local public authority, school district, special district, intrastate district, council of governments... regional or interstate government en,lity, or agency or inslnlmentality of a local government an Indian tribe or authorized tribal organi7.alion, or ill Alaska a Native village or Alaska Regional Native Corporation; and a rural community, unincorporated town or village, or other public entity." 6 U.S.C. 101(10) I As defincd in the Humeland Sccurily",Act of2002, the leon "State" ffi(;nos any Stale of the United States. the Di$trict of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Isiands, and any possession ofthe United States." 6 V.S.C. 101 (14) The NIMSprovides the framework for locals. tribes, territories. States. and the Federal Government to work together to respond to any domestic incident. Many of the NIMS reqqirements are specific to local jurisdictions, In order for NIMS to be implemented This letter outlines the important steps that State. territorial, tribal, and local entities should take during FY 2005 (October 1,2004- September 30, 2005) to become compliant with the NIMS. AU Federal departments and agencies are required to adopt the NIMS and use it in their individual domestic incident management and emergency prevention, preparedness, response, recovery, and mitigation activities. as well as in support of all actions taken to assist State or local entities. The NTC is working with Federal departments and agencies to ensure that they develop a plan to adopt NIMS and that all fiscal year (FY) 2005 Federal preparedness assistance program documents begin the process of addressing State, territorial, tribal. and local NIMS implementation. In Homeland Security Presidential Directive (HSPD)-S. Management of Domestic Incidents, the President directed me to develop and administer the National Incident Management System (NIMS). The NlMS provides a consistent nationwide approach Federal, Statel> territorial, tribal, and locaigovernments to work effectively and . efficiently together to prepare fOj:, prevent, respond to, and recover from domestic incidents, regardless of canse, size, or complexity. On March 1,2004, the Department of Homeland Security (DHS) issued the NIMS to provide a comprehensive national approach to incident management, applicable at aU jurisdictional levels and across functional disciplines, HSPD-5 also required DHS to establish a mechanism for ongoing coordination to provide strategic direction for, and oversight of, the NIMS. To this end, the NlMS Integration Center (NIC) was established to support both routine maintenance and the continuous refinement of the NIMS. Dear Governor: September 8, 2004 Homeland Security U.S. Department of Homeland Security WaJlhington, DC 20528 UC;;\..It,;H.UY This system encompasses much more than the Incident Command System (ICS), although ICS is a critical component of the NIMS. It also provides a common fOWldation for training and other preparedness efforts, communicating and sharing infonnation with other responders and with the public, ordering resources to aSsist with a response effort, and for integrating new technologies and standards to support incident management. For the first time, all of the nation's emergency responders will use a common language, and a common set of procedures when working individually ,and together to keep America safe. The NlMS ensures that they will have the same preparation, the same goals and expectations, and most importantly, they will be speaking the same language. The NIMS is the nation's first-ever standardized approach to incident management and response. The NIMS unifies Federal, State, territorial, tribal, and locllllines of government into one coordinated effort. This integrated system makes America safer by establishing a Wliform set of processes, protocols, and procedures that all emergency responders, at every level of government, will use to conduct response actions. This system ensures that those involved in emergency response operations understand what their roles are and have the tools they need to be effective. To the maximum extent possible, States, territories, tribes, and local entities are encouraged to achieve full NIMS implementation and institutionalization across the entire response system during FY 2005, This memorandum highlights the important features ofNIMS implementation that should receive speCial emphasis in FY 2005, but does not represent aU ofthe actions necessary to fully implement the NIMS. Implementation of and compliance with the NLMS is critical to ensuring full and robust preparedness across our nation. HSPD~5 established ambitious deadlines for NIMS adoption and implementation. FY 2005 is a start up year for NIMS implementation and full compliance with the NIMS is not required for you to receive FY 2005 grant funds. Since FY 2005 is Ii critical year for initial NIMS adoption, you should start now by prioritizing your FY 2005 preparedness assistance (in accordance with the eligibility and allowable uses of the grant) to facilitate its implementation; The NIC is working with the Federal departments and agencies to identify an of preparedness assistance programs. The NIC will then provide this infonnation to the States, territories, tdbes, and local governments. successfully across the nation, it is critical that States provide support and leadership to tribal and local entities to ensure full NIMS implementation. We are looking to you and your State Administrative Agency (SM) to coordinate with the State agencies, tribal governments, and local jurisdictions to ensure NIMS implementation. Given the importance and urgency of this effort, Federal, State, territorial, tl'ibal, and local entities should begin efforts to implement the NIMS, if such efforts are not already underway. @ Establish a NIMS baseline by determining which NIMS requirements you already meet We recognize that State, territorial, tribal, and local entities have already implemented many of the concepts and protocols identified in the NIMS. The 2004 DHS Homeland Security Grant Program encouraged grantees to begin utilizing the NIMS concepts, principles, terminology, and technologies. The NIC is developing .the NIMSCapability Assessment Support Tool (NIMCAST). The NIMCAST is a web-based self-assessment system that States, territories, tribes, and local governments can use to evaluate their incident response and management capabilities. This useful tool identifies the @ Formally recognizing the NIMS llnd adopting the NIMS principles and policies States, territories, tribes, and local entities should establish legislation. ~xecutive orders, resolutions, or ordinances to formally adopt the NIMS. The NIC will provide sample language and templates to assist you in formally adopting the NIMS through legislative and/or executive/administrative means. @ Completing the NIMS Aw~u'eness Course: "National Inddent Management System (NIMS), An Introduction" (IS 7(0) This independent study course developed by the Emergency Management Institute (EMl) explains the purpose, principles, key components, and benefits ofNIMS. The course also contains "Planning Activity" screens, allowing participants an opportunity to complete some planning tasks during the course. The plalming activity screens are printable so that they can be used after the course is complete. The course is available on-line and will take between forty-five minutes to three hours to complete. The course is available on the EMl web page at: http://tmining.fema.gov/EMIWebIIS/is700.asp. At the State, territorial, tribal, and local levels, Jurisdictions should support NIMS implementation by: @ Incorporating NIMS into existing training programs and exercises @ Ensuring that Federal preparedness funding (including DHS Homeland Security Grant Program, Urban Area Security Initiative (VASI) funds) support NIMS . implementation at the State and local levels (in accordance with the eligibility and allowable uses ofthe grants) '" Incorporating NIMS into Emergency Operations PhUllS (EOP) '" Pl'omotion of intrastate mumal aid agreements '" Coordinating and providing technical assistance to local NIMS @ Institutionalizing the use oftl1(~ Incident Command System (lCS) State arid territory level efforts to implement the NIMS must include the following: MinimumFV 20Q5flIMS~ompJiance Requirements: In order to receive FY 2006 preparedness funding, the minimum FY 2005 compliance requirements described above must be met. Applicants will be required to certify as part of their FY 2006 gTImt applications that they have met the FY 2005 NlMS requirements. Additional information aboutNIMScompliance and resources for achieving compliance will be forthcoming from the NlC. In addition, FY 2005 Federal preparedness assistance program documents will address State and local NIMS compliance. The NIC web page, www,fema.gov/nims; will be updated regularly with information about the NIMS and guidance for implementation. The NIC may be contacted at the following: FY 2006 and FY 2007'RequiremeuJs: ill Institutionalizing the use or tile Incident Command System (lCS) If State, territorial, tribal, and local entities are not already using ICS, you must institutionalize the use oflCS (consistent with the concepts and principles taught by DHS) across the entire response system. The 9/11 Commission Report recommended national adoption of the Incident Command System (ICS) to enhance command, control, and communications capabilities. AU Federal,State, territory, tribal, and local jurisdictions will be required to adopt les in order to be compliant With the NIMS. Additional information about adopting ICS will be provided to you by the NIC. '" Establishi.ng a timdrame and developing a for fllHU NIMS implementation States, territories, tribes. and local entities fU'e encouraged to achieve full NIMS implementation durhig FY 2005. To the extent that fullimplemeiltation is not possible during FY 2005. Federal preparedness assistance must be leveraged to complete NIMS implementation by FY 2006. By FY 2007, Federal preparedness assistance win be conditioned by fun compliance with the NIMSo Again, in order for NIMS to be implemented successfully across the nation, it is critical that States provide support and leadership to tribal and local entities to ensure fun NIMS implementation. States should work with the tribal and local govermnents to develop a strategy for statewide compliance with the NIMS. requirements established within the NIMS and can assist you in detennining the extent to which you are already compliant, as well as identify the NIMS requirements that you are not currently meeting. As gaps in compliance with the NIMS are identified, States, territories, tribes, and local entities should use existing initiatives, such as the Office for b'omestlc Preparedness (ODP) Homeland Security grant programs, to develop strategies for addressing those gaps. The NlC will formally pilot the NIMCAST witl1a limited number orStatcs in September. Upon completion ofthe pilot, theNIC will provide all potential fhture users with voluntary access to the system. Additional information about the NTMCAST toot will be provided later this year. /s/ Secretary to the Mayor/Council/Board of Commissioners /s/ BY THE Mayor/Council/Board of Commissioners GIVEN under my hand and the Privy Seal of The City/County of This day of in the year Two Thousand and Four. NOW, THEREFORE, I, , Mayor/Council/ Board of Commissioners for the City/County of , by the virtue of the authority vested in me by the Laws of the City/County of , do hereby establish the National Interagency Incident Management System (NIMS) as the City/County standard for incident management. WHEREAS, the National Commission on Terrorist Attacks (9-11 Commission) recommended adoption ofa standardized fucident Command System; WIIEREAS, the Incident Command System components ofNIMS are already an integral part of various incident management activities throughout the City/County, including CUlTent emergency management training programs; and WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities and resources will improve the City/County's to utilize federal funding to enhance local and state agency readiness, maintain first responder safety, and streamline incident management processes. WHEREAS, to facilitate the most efficient and effective incident management it is critical that Federal, State, local, and tribal organizations utilize standardized terminology, standardized organizational structures, interoperable communications, consolidated action plans, unified command structures, uniform personn"el qualification standards, uniform standards for planning, training, and exercising, comprehensive resource management, and designated incident facilities during emergencies or disasters; WHEREAS, it is necessary and desirable that all Federal, State, local, and tribal emergency agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident management; WIIEREAS, the collective input and guidance from all Federal, State, local, and tribal homeland security partners has been, and will continue to be, vital to the development, effective implementation and utilization of a comprehensive NIMS; WHEREAS, the President in Homeland Security Directive (HSPD)-5, directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (NIMS), which would provide" a consistent nationwide approach for Federal, State, local, and tribal govern;ments to work together more effectively and efficiently to prevent, prepare fOl', respond to, and recover from domestic incidents, regardless of cause, size, or complexity; DESIGNATION OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE BASIS FOR ALL INCIDENT MANAGEMENT IN THE CITY/COUNTY \ cc: State Administrative Agency State Emergency Management Director State Homeland Security Advisor DHS Directorates and Offices Homeland Security Advisory Council Tom Ridge Sincerely, Tharik you for your support in implementing the NIMS.I look forward to continuing our collective effmts to better secure the homeland and protect our citizens and appreciate all of your hard work in this important endeavor. . Gil Jamieson, Acting Director NTMS Integration Center 500 C Street, SW Washington, DC 20472 (202) 646~3850 NIMS-Integration-Center@dhs.gov, web page: www.fema.gov/nims 1 j.. i "~ . i: