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2004.06.15_City Council Agenda
PUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular DATE: June 15, 2004 TIME: 6:30 p.m. PLACE: Council Chambers, Old Central Building 109 N. Birch Notice and agenda filed in the office of the City Clerk and posted at City Hall 5:00 p.m. on Thursday, June 10, 2004. ni iann M. Stevens, Admi s trative Assistant 1. Call to Order Mayor Kimball 2. Invocation Jack Voss, Crossroads Christian Center 3. Flag Salute 4, Roll Call 5. Consideration and appropriate action relating to a request for approval of the Consent Agenda. All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non- debatable. A. Approval of Minutes of the June 1, 2004 Regular Meeting and the June 8, 2004 n Special Meeting. Attachment # 5-A H 'Agcndas�Cotincil\2004\061 504.doc Owasso City Council June 15, 2004 Page 2 B. Approval of Claims. Attachment ## 5-B C. Approval for the increase in CLEFT fees collected by the City of Owasso on all criminal misdemeanor and traffic violations resulting in an adjudication of guilt resulting in a suspended or deferred sentence. This increase in fees collected is pursuant to Title 20 O.S. 1313.2, Title 11 O.S. 14 -111, and Title 19 O.S. 220. Attachment ## 5-C Staff is recommending Council approval to increase current CLEFT fees collected by the Owasso Municipal Court in the amount of $2.00 and has placed this item on the consent agenda due to the mandatory increase directed by the Senate Bill 1412. 6. Consideration and appropriate action relating to a request for Council confirmation of nominations by the Mayor to the Owasso Planning Commission, Owasso Board of Adjustment, and the Sales Tax Watchdog Committee. Mayor Kimball Attachment #6 Mayor Kimball will present nominations for appointments to the Planning Commission, Board of Adjustment, and the Sales Tax Watchdog Committee and will ask for Council confirmation of those appointments. 7. Consideration and appropriate action relating to a request for Council approval of an amendment to the lease agreement with Titan Towers, LP. Mr. Cates Attachment #7 Staff will recommend Council approve the Amendment to the Lease Agreement between the City of Owasso and Titan Towers, LP. 11 : \Agendas�Counci I \?0041061 ?04. doc Owasso City Council June 15, 2004 Page 3 8. Consideration and appropriate action relating to a request for Council approval of a lease agreement with the YMCA of Greater Tulsa. Mr. Cates Attachment #8 Staff will recommend Council approve the lease agreement with the YMCA of Greater Tulsa, 9. Consideration and appropriate action relating to a request for Council approval of a change order to the contract for the E. 86" Street North Improvements with Becco Contractors. Ms. Stagg Attachment #9 Staff will recommend Council approve Change Order Number 2 to the contract with Becco Contractors, Inc. for the E. 86th Street North Improvements in the amount of $113,007.90 and a revised contract total amount of $2,617,204.98. 10. Consideration and appropriate action relating to a request for Council approval of an engineering design service agreement for Phase I Water System Improvements. Ms. Stagg Attachment #10 Staff will recommend Council approve the agreement for engineering services for the Upper Service Plane Water Improvements Project with the Benham Companies, Inc. in the amount of $204,925 and authorize the Mayor to execute all necessary documents. 11 1AgendaslCounci)\20041001 504 Ioc Owasso City Council June 15, 2004 Page 4 11. Consideration and appropriate action relating to a request for Council approval of rezoning request OZ 04-07 from Mahar, Tuzzolino, & Cleveland, for the rezoning of approximately 0.68 acres, more or less from OL (Office Light Intensity) to CG (Commercial General District). The subject property is located at 9220 N. Garnett Rd. Mr. Cuthbertson Attachment #11 Staff will recommend Council approve rezoning request OZ 04-07 from Mahar, Tuzzolino, & Cleveland. 12. Consideration and appropriate action relating to a request for Council approval of Ordinance No. 789, an ordinance relating to Part 7, Finance and Taxation, Chapter 1, Finance and Budget Administration, Section 7-105, When Prior Approval By Council Is Required, of the Code of Ordinances of the City of Owasso, amending same by including as categories excluded from applicability health, dental, and vision coverage payments payable from the heath care self insurance fund and adopting as new law provisions authorizing the City Treasurer, City Manager or City Manager's designee to approve and pay claims or invoices from health, dental and vision third patty administrators from the health care self insurance fund, establishing adequate internal controls and declaring an emergency. Ms. Dempster Attachment #12 Staff will recommend Council approve Ordinance 789. 13. Consideration and appropriate action relating to a request for Council adoption of the Emergency Clause to Ordinance No. 789. Ms. Dempster Staff will recommend Council adopt the Emergency Clause to Ordinance 789. It \Agc,,d,,ssCotmGil\1-004',061504 doc Owasso City Council June 15, 2004 Page 5 14. Consideration and appropriate action relating to a request for Council approval of Resolution Into. 2004 ®129 a resolution providing for the adoption of an annual operating budget for Fiscal Year 2004-2005. Ms. Bishop Attachment #14 Staff will recommend Council adopt Resolution No. 2004 -12, 15. Consideration and appropriate action relating to a request for Council approval of budget amendments to various funds. Mr. Rooney Attachment # 15 16. Report from City Manager. 17. Report from City Attorney. F1 9 AgendaSTO a nc i (\3004 \061504_doc Owasso City Council June 15, 2004 Page 6 18. Report from City Councilors. 19. New business (New business is any item of business which could not have been foreseen at the time of posting of the agenda.) 20. .Adjournment. H -4 \ge ndaSiCrnmc i 1 \? 004 \061504.,Ioc FAW, [RAM = 9 E 977 Tuesday, June 1, 2004 The Owasso City Council met in regular session on Tuesday, June 1, 2004 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, May 28, 2004. ITEM 1. CALL TO ORDER The meeting was called to order at 6:31 p.m. The invocation was offered by Randy Carpenter, Pastor of New Heights Church of Owasso. ITEM 3. FLAG SALUTE City Councilor Gary Cochran led the flag salute. IV A quorum was declared present. STAFF Rodney J. Ray, City Manager Ronald Cates, City Attorney vvvfflj��a wlfliip�� Fire Chief Lonny Fisher presented the character trait of Joyfulness as the Character Trait of the Month for June, 2004. Owasso Cit y Council June 1, 2004 Mr. Colgan reviewed the many accomplishments of the Owasso Rams Baseball Team. Ms. Kimball then read the Mayor's Proclamation proclaiming the 4th day of June, 2004 as Owasso Rams Baseball Day in congratulations and appreciation to Coach Larry Turner, his coaching staff, and the entire team for their achievements. ITEM T PRESENTATION OF EMPLOYEE OF THE MONTH, Mr. Ray introduced Tammy McCall, David Warren and Julie Stevens who together coordinated the City's Relay for Life team. Tammy, David and Julie will share the Employee of the Month award for June, 2004. ITEM 8. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA A. Approval of Minutes of the May 18, 2004 Regular Meeting, B. Approval of Claims. C. Action relating to Council acceptance of the Coffee Creek Office Commercial Condominiums sanitary sewer system. The subject commercial development is located southwest of the East 106"' Street North and North 145 East Avenue intersection. D. Action relating to Council acceptance of the Remington Place streets and stormwater drainage system. The subject property is located west of the East 116th Street North and North 129th East Avenue intersection. E. Action relating to Council approval of Resolution No. 2004-10 allowing for the renewal of the E ®911 Interlocal Agreement. F. Action relating to Ordinance No. 782, an ordinance approving the Planned Unit Development request from the Dominion Corporation, as made in application number OPUD 04-01, of approximately 19.75 acres, more or less, subject property is located in the northwest comer of East 66th Street North and North 129th East Avenue, and repealing all ordinances or parts of ordinances in conflict herewith. G. Action relating to Ordinance No. 783, an ordinance approving the Planned Unit Development request from the Dominion Corporation, as made in application number OPUD 04-02, of approximately 20.05 acres, more or less, subject property is located in the northeast comer of East 121" Street North and North 97t" East Avenue, and repealing all ordinances or parts of ordinances in conflict herewith. W Owasso City Council June 1, 2004 H. Action relating to Ordinance No. 784, an ordinance approving the rezoning request from Kellogg Engineering, Inc., as made in application number OZ 04-03, of approximately 35.46 acres, more or less, subject property is located 0.3 miles south of East 116"' Street North L. Action relating to Ordinance No. 788, an ordinance approving a request from E. Robert Buss of Chamey & Buss to close a utility easement, subject property is approximately located in the northeast comer of East 103rd Street North and the Owasso Expressway Service Road, extending north adjacent to the service road and ending in the southwest comer of East 106th Street North and North 138th East Avenue, and repealing all ordinances or parts of ordinances in conflict herewith. Mr. Cochran moved, seconded by Mr. Cataudella, to approve the Consent Agenda with claims totaling $170,118.20 and payroll claims totaling $256,464.49; and Council acceptance of the Coffee Creek Office Commercial Condominiums sanitary sewer system and Remington Place streets and stormwater drainage system. Also approved is Resolution No. 2004-10 and Ordinances No. 782, 783, 784, 785, 786, 787 and 788, as stated above. YEA: Colgan, Cataudella, Kimball, Cochran, Thoendel NAY: None Motion carried 5-0. I Owasso Cit Council y June 1, 2004 Mr. Ray presented the item. Mr. Cataudella moved, seconded by Mr. Colgan, to approve Resolution No. 2004-119 as stated above. YEA: Colgan, Cataudella, Kimball, Cochran, Thoendel NAY: None Motion carried 5-0. ITEM 10. PUBLIC HEARING —A public hearing relating to the City of Owasso Fiscal Year 2004-2005 Annual Budget Presentation. City Manager Rodney Ray and City Treasurer Sherry Bishop presented the proposed City of Owasso Annual Budget for Fiscal Year 2004-2005. Ms. Kimball then opened the floor for the purpose of receiving comments and citizen input. Former Mayor John Groth asked for further explanation of the "drastic increase in Information Services". Mr. Ray answered that a large amount of the increase was due to the cost of the initial development of the GIS system and other technology to be utilized by Public Works. Ms. Kimball asked about the $7,000 for Professional and Technical Services allocated to the Cemetery Department. Mr. Ray answered that because old cemetery records had been destroyed, it has become necessary to hire a service that provides sonar mapping of the lots to determine if any lots are available to sell. Mr. Colgan asked when the 76th Street North Fire Station will be opened. Mr. Ray answered that the goal for completion of the Fire Station is January 1, 2005. OPGA revenue projections were also questioned. Mr. Ray stated that with the implementation of a new computer system and the new leadership at the Golf Course, he hoped to see an increase in revenue over FY 2004, but it will be September or October before we will be able to determine the size of these increases. 4 Owasso City Council June 1, 2004 ITEM 11. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL TO AWARD AN ENGINEERING SERVICE AGREEMENT FOR THE NORTH GARNETT ROAD IMPROVEMENT PROJECT. Mr. Cochran moved, seconded by Mr. Cataudella, to award an engineering service agreement with C2A Engineering, Inc. of Tulsa, Oklahoma, in the total amount of $132,375.00, and to authorize the Mayor to execute all necessary documents; and to direct the City Manager to allow and compensate only engineering work considered to be preliminary until such time as the developer assumes ownership of the Smith Farm Marketplace Development site. YEA: Colgan, Cataudella, Kimball, Cochran, Thoendel NAY: None Motion carried 5-0. am- Ms. Kimball asked Mr. Hayes to report on his recent attendance at the International Council of Shopping Centers convention held on May 23-26, 2004. Ms. Kimball made various announcements regarding City sponsored activities. 61 Owasso City Council June 1, 2004 ITEM 15. NEW BUSINESS Former Mayor John Groth announced that several citizens had asked him to publicly thank the Council for the wonderful condition of the City parks. Pat Fry, Minute Clerk I Susan Kimball, Mayor OWASSO CITY COUNCIL MINUTES OF SPECIAL MEETING Tuesday, June 8, 2004 The Owasso City Council met in a special meeting on Tuesday, June 9, 2004 in the Lower Level Conference Room at Owasso City Hall, I I I N. Main Street, per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 4:00 PM on Friday, June 4, 2004. ITEM 1: CALL TOO ER. Mayor Kimball called the meeting to order at 6:01 PM. PRESENT Susan Kimball, Mayor Steve Cataudella, Councilor Brent Colgan, Councilor Gary Cochran, Councilor A quorum was declared present, ABSENT Craig Thoendel, Vice Mayor Ms. Patty Clift of Crawford & Associates presented the audit for FY 2002-03. It was explained that there is no action required by the Council on this item, other than to receive the audit. ITEM 3: DISCUSSION RELATING TO COMMUNITY DEVELOPMENT ITEMS A. REZONING (1) B. PLAT (1) C. LEGISLATIVE CONSORTIUM REPORT Mr. Cuthbertson addressed the items. It was explained that the plat was pulled at the request of the applicant and the rezoning item would be forwarded to the City Council for action at their June 15, 2004 regular meeting. ITEM 4: DISCUSSION RELATING TO PUBLIC WORKS ITEMS Mr. Carr presented the item. There were no questions. It was explained that this was an information only item and that staff would be soliciting bids/quotes for the larger street repairs contained on the priority list. Discussion was also conducted regarding a petition for street repairs from the Three Lakes Addition. Owasso City Council June 8, 2004 ITEM 5: DISCUSSION RELATING TO OPERATIONAL ISSUES A. TITAN TONER LEASE AGREEMENT Mr. Cates presented this item. There were no questions, This item will be placed on the June 15, 2004 City Council agenda for action, ITEM 6: DISCUSSION REGARDING THE PROPOSED YMCA FACILITY Susan Plank, Chief Executive Officer of the YMCA of (treater Tulsa made a presentation regarding the proposed YMCA improvements and new construction in Owasso. Upon the conclusion of the presentation, Ms. Plank exited from the meeting. ITEM %: CITY MANAGER ITEMS Mr. Ray reviewed the above items and discussion was conducted. No action on any of the above items was taken. 2 Owasso City Council ITEM 6: ADJOURNMENT June 8, 2004 Councilor Cataudella mowed to adjourn the meeting., seconded by Councilor Colgan. The motion carried and the meeting was adjourned at 10:44 ISM. Susan Kimball, Mayor CITY OF OWASSO VENDOR DESCRIPTION AMOUNT AETNA BINDING AGREEMENT 38,000.00 VISION SERVICE PLAN BINDING AGREEMENT 1,593.30 REFUND TOTAL 39,593.30 SAV-ON PRINTING PRINTED FORMS 163.40 LAW ENFORCEMENT SYSTEMS CITATION BOOKS 455.00 MUNICIPAL COURT DEPT TOTAL - -- 618.40 MICHELE DEMPSTER TUITION REIMBURSEMENT 535.80 TREASURER PETTY CASH CITY MGR EXPENSES 218.71 OFFICE DEPOT OFFICE SUPPLIES 57.58 OFFICE DEPOT OFFICE SUPPLIES 201.18 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 29.16 TREASURER PETTY CASH FUEL 14.01 TRIAD PRINTING BUDGET COVERS /PRINTING 46.60 RIDGWAYS FOAMBOARD 26.00 THE TRAVELING GOURMET MEETING EXPENSE 104.50 OK ASSOC OF MUNICIPAL ATTORNEYS WORKSHOP -CATES 100.00 TREASURER PETTY CASH MEETING EXPENSE 8.75 TREASURER PETTY CASH STAFF TRAINING 37.38 TREASURER PETTY CASH COUNCIL MEETING 81.25 COUNTRYSIDE FLOWERS & GIFTS SEASONAL DECOR 302.40 TREASURER PETTY CASH STAFF TRAINING 130.19 TREASURER PETTY CASH EMP RECOGNITION 75.00 TREASURER PETTY CASH OFFICE SUPPLIES 0.90 INOLA CASTING WORKS CENTENNIAL PINS 954.00 ALBERTSONS SUPPLIES 28.47 MANAGERIAL DEPT TOTAL 2,951.88 OFFICE DEPOT BUDGET BOOKS 107.83 CRAWFORD & ASSOCIATES PC FY 0203 AUDIT 5,425.00 FINANCE DEPT TOTAL 5,532.83 OFFICE DEPOT OFFICE SUPPLIES 36.40 CINTAS CORPORATION MAT SERVICES 27.90 EXECUTIVE COFFEE SERVICES SUPPLIES 124.74 GRAY, STEPHEN P. PC ATTORNEY AT LAW LEGAL SERVICES 50.60 LIVINGSTON APPRAISALS APPRAISAL REPORT 900.00 OKLAHOMA NATURAL GAS 05/04 USE 265.24 AEP /PSO 05/04 USE 2,247.90 NEIGHBOR NEWSPAPER EMPLOYMENT ADS 8.00 NEIGHBOR NEWSPAPER LEGAL NOTICES 547.80 SOUTHWESTERN BELL 05/04 PLEXAR 166.56 INTEGRITY FOCUS CONSULTING 250.00 CHARACTER FIRST! MONTHLY BULLETINS 467.99 TREASURER PETTY CASH FILING FEE 50.00 CITY OF OWASSO SELF INSURANCE FUND LIABILITY /PROPERTY INS 120,000.00 JP HOGAN INSURANCE NOTARY BONDS 30.00 VENDOR DESCRIPTION AMOUNT TREASURER PETTY CASH FILING FEE 5.00 GENERAL GOVERNMENT DEPT TOTAL 125,178.13 OFFICE DEPOT OFFICE SUPPLIES 116.78 OFFICE DEPOT OFFICE SUPPLIES 24.83 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 30.68 BUNYARD, DENNIS ABATEMENT MOWINGS 225.00 NEIGHBOR NEWSPAPER ABATEMENT NOTICES 168.30 AUTO OPTICAL GLASS TINTING AUTO WINDOW TINTING 120.00 TULSA COUNTY MIS DIAL UP SERVICE 40.00 AT &T WIRELESS PHONE USE -WILES 31.74 INTERNATIONAL. CODE COUNCIL BUILDING CODE BOOKS 50.99 COMMUNITY DEVELOPMENT DEPT TOTAL � 808.32 RIDGWAYS OFFICE SUPPLIES 64.00 UNIFIRST CORPORATION UNIFORM SHIRTS 444.00 OFFICE DEPOT HARD DRIVE 79.97 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 554.78 RIDGWAYS PRINTING 12.90 SAV ®ON PRINTING NAME PLATE 12.00 JENNIFER A KOSCELNY PROFESSIONAL SERVICES 714.00 NATIONAL POWER WASH VEHICLE WASHING 5.00 TREASURER PETTY CASH PER DIEM- ALEXANDER/BAIN 56.00 OSU ENGINEERING EXTENSION SEMINAR -STAGG 75.00 DELL MARKETING L.P. COMPUTER 1,490.57 ENGINEERING DEPT TOTAL 3,508.22 AT &T WIRELESS CELL PHONE USE - HOUGHTON 36.38 CARD CENTER MAINT SUPPLIES 55.00 TREASURER PETTY CASH REIMB TRAVEL - HOUGHTON 135.60 OFFICE DEPOT HARD DRIVE /FIVE PORT SWITCHES 139.93 INFORMATION SYSTEMS DEPT TOTAL 366.91 BAILEY EQUIPMENT MOWER SUPPLIES 14.08 WAL ®MART COMMUNITY MAINT SUPPLIES 0.97 LOWES COMPANIES REPAIR/MAINT SERVICE 156.13 OFFICE DEPOT OFFICE SUPPLIES 48.96 SOONER LOCK & KEY ELECTRIC DOOR OPENER 354.00 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 29.16 OKLAHOMA LIGHTING DISTRIBUTORS MAINT SUPPLIES 51.72 REDLEE JANITORIAL SERVICES 2,446.19 XETA TECHNOLOGIES SYSTEM REPAIR 170.00 TRIAD PRINTING PARKING SIGNS 60.00 AMERICAN OVERHEAD DOOR DOOR REPAIR 69.00 AT &T WIRELESS PHONE USE 51.98 SOUTHWESTERN BELL 05/04 PLEXAR 133.72 SUPPORT SERVICES DEPT TOTAL 3,585.91 AEP /PSO 05/04 USE 15.18 CEMETERY DEPT TOTAL 15.18 VENDOR DESCRIPTION AMOUNT ROSE, BRIAN D TUITION REIMBURSEMENT 585.00 WAL -MART COMMUNITY OFFICE SUPPLIES 9.00 ONYX CORPORATION TONER CARTRIDGE 54.95 OFFICE DEPOT RADAR SCHOOL SUPPLIES 353.09 OFFICE DEPOT OFFICE SUPPLIES 50.46 OFFICE DEPOT OFFICE SUPPLIES 61.10 SAV -ON PRINTING PRINTING 114.85 WAL -MART COMMUNITY CLAY TARGETS 3.97 TAYLOE PAPER EVIDENCE COLLECTION BAGS 52.70 POLICE PETTY CASH CAR WASH /FIREARMS QUALIF EXPENSE 29.27 OPERATIONAL PRODUCTS SUPPLY & SERVICES GUN PARTS 32.95 PATROL TECHNOLOGY UNIFORM REPLACEMENT 54.00 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 4,651.96 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 149.85 STAMPER, HOWARD RETAINER 150.00 OKLAHOMA NATURAL GAS 05/04 USE 100.95 AEP /PSO 05/04 USE 1,576.23 MPH INDUSTRIES RADAR UNIT REPAIR 132.11 YALE CLEANERS UNIFORM CLEANING 1,700.85 CINGULAR WIRELESS PHONE USE 192.31 SOUTHWESTERN BELL 05104 PLEXAR 40.60 POLICE PETTY CASH PARKING/TOLL FEES 13.00 KEYSTONE CANINE CANINE TRAINING 2,500.00 CAMP GRUBER BILLETING LODGING ®JONES /KITCH 240.00 TREASURER PETTY CASH EMP RECOGNITION 28.00 POLICE DEPT TOTAL 12,877.20 WAL -MART COMMUNITY PC MOUSE 37.76 ONYX CORPORATION INKJET CARTRIDGES 35.90 WAL ®MART COMMUNITY PRISONER MEALS /RUBBER GLOVES 146.58 TULSA REGIONAL MED CTR BLOOD TEST 25.00 WAL ®MART COMMUNITY MEETING EXPENSE 6.00 BILLY ALLEN PER DIEM 210.00 POLICE COMMUNICATIONS DEPT TOTAL 461.24 HILLS PET NUTRITION SHELTER SUPPLIES 92.50 STRATHE VETERINARY VACCINATIONS 93.75 HILLS PET NUTRITION SHELTER SUPPLIES 92.50 STRATHE VETERINARY EUTHANASIA SERVICES 155.00 CITY OF TULSA EUTHANASIA SERVICES 144.00 AEP IPSO 05104 USE 56.87 SOUTHWESTERN BELL 05/04 PLEXAR 41.27 ANIMAL CONTROL DEPT TOTAL 562.15 OFFICE DEPOT OFFICE SUPPLIES 113.96 YALE CLEANERS UNIFORM RENTAL 293.84 EMERGENCY MEDICAL PRODUCTS EQUIPMENT HARNESSES 439.60 OKLAHOMA POLICE SUPPLY BELT /BOOTS 218.80 PAUL CONWAY SHIELDS HELMETS /SHIELDS 926.00 ATC FREIGHTLINER PUMPER TRUCK EQUIP 350.91 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 1,001.34 VENDOR DESCRIPTION AMOUNT OKLAHOMA NATURAL GAS 05/04 USE 228.08 AEP /PSO 05/04 USE 629.99 SOUTHWESTERN BELL 05104 PLEXAR 179.90 OWASSO FITNESS ZONE GYM /EQUIPMENT USE 105.00 FIRE DEPT TOTAL 4,4 7,42 WAL -MART COMMUNITY EOC SUPPLIES 57.06 AEP /PSO 05/04 USE 63.77 GODDARD ENTERPRISES STORM SIREN CONTRACT 3,875.00 SOUTHWESTERN BELL 05/04 PLEXAR 21.50 TOTAL RADIO RADIOS-ODEM GRANT 1,917.50 EMERGENCY PREPAREDNESS DEPT TOTAL 5,934.83 ATWOODS REPAIR/MAINT SUPPLIES 33.33 MAXWELL SUPPLY REPAIR/MAINT SUPPLIES 132.10 VANCE BROS TACK OIL 31.25 GEORGE & GEORGE. SAFETY PROTECTIVE CLOTHING 23.67 UNIFIRST CORPORATION UNIFORM RENTALS 122.62 A -1 FENCE SIGN POSTS 221.25 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 2,186.68 SAV -ON PRINTING NAME PLATE 12.00 LELAND BARTEL MAIN STREET MOWING 255.00 LOT MAINTENANCE HWY 169 MOWING 1,625.00 AEP /PSO 05/04 USE 856.60 AEP IPSO STREET LIGHTING 3,840.38 NATIONAL POWER WASH VEHICLE WASHING 20.00 DALE & LEES SERVICE ICE MAKER REPAIR 189.45 SOUTHWESTERN BELL 05/04 PLEXAR 24.01 STREETS DEPT TOTAL 9,573°34 CINDY SIGNS BANNERS 845.00 ATWOODS SUPPLIES 13.85 LOWES COMPANIES NAIL/SPIKES 76.68 ATWOODS MAINT SUPPLIES 4.95 TREASURER PETTY CASH MAINT SUPPLIES 2.17 LOWES COMPANIES TREES - SPORTS PARK 126.75 MURPHY SANITARY SUPPLY RESTROOM SUPPLIES 113.80 UNIFIRST CORPORATION UNIFORM CLEANING 39.96 PLAYSCAPE DESIGN EAGLE SCOUT PROJECT 1,630.00 HAYES, LAUREN RESTROOM CLEANING 225.00 LELAND BARTEL ELM CREEK/RAYOLA PARK MOWING 1,200.00 JB STIGALL CENTENNIAL PARK MOWING -MAY 372.00 JB STIGALL CENTENNIAL PARK MOWING -JUNE 372.00 WASHINGTON CO RWD PURCHASED WATER 429.50 OKLAHOMA NATURAL GAS 05104 USE 141.85 AEP /PSO 05/04 USE 1,644.90 SOUTHWESTERN BELL 05/04 PLEXAR 74.92 AT YOUR SERVICE RENTALS EQUIPMENT RENTALS 110.00 CINDY SIGNS BANNERS /CORDS 80.00 TREASURER PETTY CASH ART IN THE PARK 4.30 SRO ART IN THE PARK 6/7/04 400.00 VENDOR DESCRIPTION AMOUNT SRO ART IN THE PARK 6/21/04 400.00 CITY OF TULSA PIPES & DRUMS ART IN THE PARK 6/7/04 1,500.00 ALLIANCE MEDICAL PARKS DEPT TOTAL __- 9,807.63 CHARACTER FIRST! MONTHLY BULLETINS 42.00 OFFICE DEPOT OFFICE SUPPLIES 8.01 OKLAHOMA NATURAL GAS 05/04 USE 93.38 AEP /PSO 05/04 USE 538.35 SOUTHWESTERN TELL 05/04 PLEXAR 65.53 TOTAL RADIO COMMUNITY CENTER DEPT TOTAL 747.27 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 75.75 WORLD PUBLISHING COMPANY SUBSCRIPTION 79.20 TREASURER PETTY CASH OEDA MEETING 10.68 ECONOMIC DEVELOPMENT DEPT TOTAL 165.63 TOTAL GENERAL FUND - x 9 8.16 HAMBLETON, FRANCIS REFUND #4632 50.00 OFFICE DEPOT OFFICE SUPPLIES 65.20 MEDICAL COMPLIANCE SPECIALITY BIO -WASTE DISPOSAL 74.00 ALLIANCE MEDICAL AMBULANCE SUPPLIES 991.95 WORKS & LENTZ COLLECTION FEES 337.57 ST JOHN MEDICAL CENTER TRAINING - SOLE / PARRIS 205.00 LEWIS, MICKEY TUITION -LEWIS 1,170.00 CLIA LABORATORY PROGRAM LAB PROGRAM 150.00 AMBULANCE SERVICE FUND TOTAL 3,043.72 TOTAL RADIO MAINT CONTRACT 675.00 SOUTHWESTERN BELL E -911 1,619.97 E -911 FUND TOTAL 2,294.97 MAGNUM CONSTRUCTION WINDSOR DRAINAGE IMPROVEMENTS 7,490.00 MESHEK & ASSOCIATES ENGINEERING SERVICES 28,712.99 STORMWATER MGMT FUND 36,202.99 DELL MARKETING L.P. SERVER 4,597.36 HARRIS COMPUTER SYSTEMS SYSTEM MODIFICATIONS 2,000.00 CAPITAL IMPROVEMENTS FUND TOTAL 6,597.36 OFFICE DEPOT OFFICE SUPPLIES 19.36 OFFICE DEPOT OFFICE SUPPLIES 41.13 T &W TIRE TIRES 725.10 VENDOR DESCRIPTION AMOUNT B & M OIL COMPANY OIL/LUBRICANTS 898.13 AMERICAN HOSE & SUPPLY REPAIR PARTS 102.30 FRICTION PRODUCTS BRAKE REBUILDERS REPAIR PARTS 547.00 FRONTIER INTERNATIONAL TRUCKS REPAIR PARTS 283.86 OK TRUCK SUPPLY REPAIR PARTS 121.82 TULSA NEW HOLLAND REPAIR PARTS 25.15 FORD OF TULSA REPAIR PARTS 818.44 LENOX WRECKER SERVICE TOWING CHARGE 75.00 CROW BURLINGAME REPAIR PARTS 163.42 EAST TULSA DODGE REPAIR PARTS 4.16 RADIO SHACK REPAIR PARTS 8.38 AAA AUTO SALVAGE VEHICLE ENGINE 750.00 OKLAHOMA NATURAL GAS 05/04 USE 50.44 AEP /PSO 05/04 USE 228.49 SOUTHWESTERN BELL 05/04 PLEXAR 43.78 B & M TIRE CENTER TIRE REPAIRS 149.85 PAVEYS PAINT & BODY SHOP VEHICLE REPAIR 1,020.00 MATEK POWER WASHER 4,589.90 CITY GARAGE FUND TOTAL 10,665.71 MCAFEE & TAFT D04122 126.96 MCAFEE & TAFT Y06133 51.00 MCAFEE & TAFT R10163 285.34 MCAFEE & TAFT G02264 196.70 PPO SOLUTIONS MEDICAL REVIEW FEES 679.25 UNITED SAFETY & CLAIMS THIRD PARTY ADMIN 1,417.67 UNITED SAFETY & CLAIMS D01294 25.50 TREASURER PETTY CASH R101603 47.25 NEUROSURGERY J06172 136.30 WORKING RX 007163 39.90 WORKING RX J06172 57.48 URGENT CARE OF GREEN COUNTRY B03304 37.87 URGENT CARE OF GREEN COUNTRY R05074 135.69 URGENT CARE OF GREEN COUNTRY R05074 37.87 RADIOLOGY CONSULTANTS OF TULSA J04274 35.83 TULSA BONE & JOINT ASSOC 007163 51.12 OWASSO PHYSICAL THERAPY CLINIC J06172 232.50 OWASSO PHYSICAL THERAPY CLINIC D04044 232.69 DEMAURO, KRIS SETTLEMENT 5,808.00 ORTHOPEDIC HOSPITAL G02264 14,655.31 CHOICE RX J04274 37.85 CHOICE RX G02264 115.91 EICHERT, STEPHEN J. DO R10163 500.00 CHOICE RX G02264 31.38 JAMPETRO, TAMARA C/O CRAIG ARMSTRONG, ATTY TTD PAYMENTS 269.08 JAMPETRO, TAMARA C/O CRAIG ARMSTRONG, ATTY TTD PAYMENTS 269.08 JAMPETRO, TAMARA C/O CRAIG ARMSTRONG, ATTY TTD PAYMENTS 269.08 JAMPETRO, TAMARA C/O CRAIG ARMSTRONG, ATTY TTD PAYMENTS 269.08 OK TAX COMMISSION SPECIAL TAX UNIT D01294 159.72 WORKERS COMP FUND TOTAL 26,211.41 DESCRIPTION MOUNT TORT CLAIM _ 71.70 SELF INSURANCE FUND TOTAL - 71.70 GRAND TOTAL -13 CITY OF OWASSO LQUAMET.0-11 I I Note: Transfers listed above are for the total annual appropriation. 1,300.00 21,100.00 27,000.00 10,217,755.00 3,300.00 70,225.00 19,150.00 CITY OF OWASSO GENERAL FUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 5/29/2004 Depaqment Overtime Expenses Municipal oUrt 0 17632,! U I c "-,, �00, Managerial 0.00 19,105.59 General Government 0.00 2,012.37 CIO, PM, n:, e mmuni y�, eye o 59 Engineering 0.00 12,682.15 Support Services 0.00 6,069.89 X-MV0.1 ri 179.62 8,929.61 General -Fu rid, -5124 5 Garage Fund eve mf Emergency 911 Fund - Fund - T, I $76.97, $8,827.'00 1111 ; 1:illill�, �� i � III MV007011IM-101 I • VIiniflI111Iii $730.96 ommunity-Senior Center 0.00 4,164.94 General -Fu rid, -5124 5 Garage Fund eve mf Emergency 911 Fund - Fund - T, I $76.97, $8,827.'00 1111 ; 1:illill�, �� i � III MV007011IM-101 I • VIiniflI111Iii $730.96 CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 6/12/2004 Department Overtime Expenses Total Expenses Municipal Court 0.00 3,175.32 Managerial 0.00 19,250.42 Finance 0.00 10,912.80 General Government 0.00 2,012.37 Community Development 0.00 11401.41 Engineering 0.00 12,623.49 Information Systems _ 0.00 4,477.64 Support Services 0.00 5,707.73 Police 5585.35 79,030.99 Central Dispatch 5.45 6,931.46 Animal Control 121.08 2,416 42 Fire 832.66 51,883.26 Emergency Preparedness 0.00 1,730.04 Streets 0.00 12,161.13 Park Maintenance 0.00 6,745.60 Community-Senior Center 0.00 4,125.38 • MO. Ambulance Fund Fund Total $133.04 $12,744.66 Emergency 911 Fund Worker's Comp Self-Insurance Fund Fund Total I 111711-M, I 111MVE"i TO- THE HONORABLE MAYOR & CITY COUNCIL CITY OF OWASSO FROM: JANET L. JACKSON COURTCLERK SUBJECT. CLEET FEES DATE- June 99 2004 Beginning July 1, 2004, the Penalty Assessment Fee will increase to $9.00 per citation. The additional $2.00 penalty assessment fee will bring the total fees collected by the court for CLEET to $17.00. The Owasso Municipal Court currently assesses $30.00 in administrative costs and fees, along with the appropriate fine on all convictions or deferrals. With the penalty fee assessment increase, the court will collect a total of $32.00 in administrative costs and fees, along with the fine assessed on all convictions or deferrals. This item has been placed on the consent agenda because the fee increase is mandatory and must be approved by the governing body by motion. --- ------- The staff recommends the City Council by motion, as authorized by Section 6-138 of the City Code, increase the current court costs to $32.00 to allow collection of the increase in the CLEET Penalty Assessment Fee as mandated by Oklahoma State Statutes. 1. Legislative Updates from CLEET State of Oklahoma Council on Law Enforcement Education and Training http://www.cleet.state.ok.us PENALTY ASSESSMENT FEES (Collected pursuant to Title 200.S. §1313.2, Title 11 O.S.§ 14-111, Title 190,S. §220) June, 1,2004 LEGISLATIVE UPDATE PENALTY FEE INCREASE EFFECTIVE JULY 19 2004 Dear Court Clerks, Thank you for your efforts to collect our fee and your cooperation in implementing the accounting and legislative changes made during the 2003 legislative session. This newsletter is to inform you of changes made during the 2004 session: 3. Reminder. Reports andpayments are due on a��month�l basis. July 1, 2003, courts began -eporting monthly. Below is the current schedule: �' M=- = my August 15 ugust 25 august September 15 September 25 ;eptember October 15 October 25 )ctober November 15 November 25 4ovember ecember 15 December 25 )ecember January 15 January 25 anuary February 15 February 25 ebruary March 15 March 25 /larch April 15 April 25 4pri1 May 15 May 25 day June 15 June 25 une July 15 July 25 1 M TO: MEMBERS OF THE CITY COUNCIL CITY e FROM: SUSAN KIMBALL MAYOR SUBJECT- REQUEST FOR CONFIRMATION OF APPOINTMENTS DATE: June 11, 2004 It is, therefore, the purpose of this memorandum to recommend for Council confirmation the following appointments to the positions indicated: BOARD OF ADJUSTMENT Mr. Ken Foster (reappointment) Tenn Ending 6/30/07 Mr. David Hall (reappointment) Term Ending 06/30/07 Mr. Duane Coppick (reappointment) Term Ending 6/30/07 Mr. Kevin Vanover (reappointment) Term Ending 6/30/07 SALES TAX WATCHDOG COMMITTEE (Terms Indefinite) News Media (1) slot: Terry Azamber (Owasso Reporter) Retail Business (2) slots: Service Business (2) slots: Education (1) slot: Danny Ewing (Ewing Jewelry) Pam Holt (Countryside Flowers) DJ Gall (Dirty Dawg Car Wash) Steve Mowery (Mowery Funeral Home) David Boggs (Owasso Public Schools) Recreation (1) slot: Donna Pepper (Community Build Park) APPOINTMENTS JUNE 11, 2004 PAGE 2 SALES TAX WATCHDOG COMMITTEE (CONTINUED) Building Industry (1) slot: Jeff Westerfield (Owasso Homebuilders) Senior Citizen (1) slot: Financial (1) slot: Members-at-Large (4) slots: imam=, Brenda Snow (F&M Bank) Rhett Morgan Guy Nightingale Jeff Ferguson Erik Miller I recommend Council confirmation of the above appointments. TO: THE HONORABLE MAYOR AND CITY COUNCILORS CITY OF OWASSO FROM: RONALD D. CATES CITY ATTORNEY SUBJECT: CONSIDERATION AND APPROVAL OF A FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF OWASSO AND TITAN TOWERS, L.P., AND AUTHORIZE THE MAYOR TO EXECUTE SUCH FIRST AMENDMENT TO LEASE AGREEMENT DATE. JUNE 2,2004 Pursuant to direction of the City Manager, there is presented for the Council's consideration a proposed First Amendment to Lease Agreement between the City of Owasso, (hereinafter referred to as "City"), as Lessor, and Titan Towers, L.P., (hereinafter referred to as "Titan"), as Lessee. A copy of the First Amendment to Lease Agreement is attached for your review. The real property involved is located at the Water Tank Site on 96th Street North and U.S Highway 169 (hereinafter referred to as "Tank Site"). Such tract is generally positioned along the north side of U.S. 169, immediately south of 96h Street North. The Tank Site consists of approximately 1.21 gross acres. It is an irregular shaped, four-sided tract having approximately 287,70 feet of frontage along the north perimeter of U.S. 169. The north perimeter runs 218.49 feet, east to west, and the cast perimeter extends 149.66 feet, north to south. The Tank Site is unplatted acreage that contains a water storage tank, a communications tower and minimal other site improvements. On the 16'h of May 2000, the City entered into a Lease Agreement with Titan for the location and placement of a communications tower and ancillary facilities at the Tank Site. A copy of the Lease Agreement is attached for your review. The leased area is approximately 5625 square feet. The Lease Agreement is for a period of twenty (20) years from May 16, 2000, with two (2) additional five (5) year renewal periods. Further, the Lease Agreement provides for, among other things, that the City is allowed three-(3) mounting spaces, i.e., co-locations, on the constructed communications tower at no charge. I In the spring of 2002, the City requested of Titan that it release a portion of the leased premises due to a planned expansion of a parking lot on property adjoining Titan's to the north. Titan agreed to this request. A copy of the Partial Release is attached for your review. Consideration for Titan's acquiescence was that the City would provide additional footage to make up the difference. The released area and the revised lease area were surveyed and platted by Crafton, Tull & Associates. Simultaneously with the partial release, a First Amendment was prepared by Titan; however, for reasons unknown by representatives of both, the matter proceeded no further. Now, Titan is understandably requesting the First Amendment to Lease Agreement be executed due to an impending sale of substantially all of its tower assets to Global Tower Management, L.L.C. Approval of the proposed First Amendment to Lease Agreement is, under the circumstances presented, appropriate. Staff has reviewed the content of the document as well as the legal descriptions involved, and is of the opinion that such accurately sets forth the agreement reached between the parties. It is Staffs' recommendation that the City Council approve the First Amendment to Lease Agreement as presented and authorize the Mayor to execute such. Please do not hesitate to contact Mr. Ray, Larry White or me with any questions. ATTACHMENTS: 1. First Amendment to Lease Agreement; 2. Lease Agreement dated May 16, 2000; and, 3. Partial Release of Lease, Easements and Right of First Refusal 2 FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN CITY OF OWASSO, AS LESSOR AND TITAN TOWERS, LP, AS LESSEE THIS FIRST AMENDMENT TO LEASE AGREEMENT (the "Amendment ") is made and entered into as of the 18`' day of June, 2002, by and between City of Owasso (hereafter referred to as Lessor) and Titan Towers, L.P. (hereafter referred to as Lessee). WITNESSETH: WHEREAS, Lessee and Lessor entered into and executed that certain Lease Agreement, dated May 16, 2000, (the "Agreement "), whereby Lessee leased that certain tract or parcel of land, situated in Tulsa County, Oklahoma, (hereafter referred to as Leased Premises) as described in Exhibit "A" and attached to Agreement; WHEREAS, on the 6th day of June, 2000, the Agreement was recorded in Book 6373, Page 2285, in the Office of the Tulsa County Clerk; WHEREAS, Lessee and Lessor desire to amend and modify certain terms and conditions of the Agreement; NOW, THEREFOR, for and in consideration of Ten and No /100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lessee and Lessor, intending to be legally bound, do hereby covenant and agree as follows: 1. Exhibit "A" of the Agreement, Description of Lease Area, is hereby amended and replaced in its entirety by the Exhibit "A" attached hereto and made a part hereof for all purposes. 2. Agreement in Effect: Except as herein expressly modified and amended, the Agreement shall remain in full force and effect pursuant to each and every of its terms and conditions. IN WITNESS WHEREOF, the parties hereto have executed this Amendment under seal as of the date and year first above written. LESSOR: City of Owasso, Oklahoma By: Printed Name: Title: LESSEE: By: Titan Towers, LP By: Titan Towers, LLC. Its: General Partner By: David D. Baker, Mice President LESSOR. STATE OF OKLAHOMA § COUNTY OF This instrument was acknowledged before me, the undersigned authority, on the 200_, by purposes and considerations herein expressed. Notary Public, State of _ My Commission Expires N i •t day of for the This instrument was acknowledged before me, the undersigned authority, on the t -5 1�1 day of JA2LY CA' _, 200_j by David D. Baker, Vice President of Titan Towers, L.P., a Delaware Limited Partnership, for the purposes and considerations herein expressed. MELISSA HAM My COMMISSION EXPIRES 'W, May 8,2004 N(C --j Notary Public, State of Texa My Commission Expires: Site: Owasso 2 EXHIBIT "A" DESCRIPTION OF LEASE AREA A parcel of land located in the NE/4 of Section 20, Township 21 North, Mange 14 East of the Indian Base and Meridian in Tulsa County, Oklahoma, more particularly described as follows: Commencing at the Northwest corner of said NE /4; Thence S 0° 03' 57" W along the 'West Boundary of said NE/4 a distance of 667.07 feet; Thence S 890 56' 03" E a distance of 163.68 feet to the Point of Beginning; Thence S 84° 44' 25" E a distance of 75.00 feet to a point on the 'West Boundary of the RCB Center, an Addition to the City of Owasso, Oklahoma; Thence S 01 19' 21" W along the Nest Boundary of RCB Center a distance of 75.28 feet; Thence N 84° 44' 25" W a distance of 81.48 feet; Thence N 5° 15' 35" E a distance of 75.00 feet to the Point of Beginning, containing 5,868 square feet or 0.1347 acres more or less. Site: Owasso TO HAVE AND TO HOLD the Site unto Lessee and Lessee's successors, assigns and legal representatives, subject to the terms and provisions hereafter stated, for the term of years specified below. 1P MI � \ \� �� \ Lessee may own and place on the Site. The description of such easement is attached hereto as Exhibit "B" and made a part hereof and a surveyor's plat is attached hereto reflecting the location of the Site and the easement. 2. 0, Lessee agrees, at its expense, to conduct all Operations on said Site in full compliance with all laws, ordinances, rules, regulations, orders or directives of any government authority, and shall not commit or allow to be committed any public or private nuisance thereon. U. Lessor warrants that Lessor owns fee simple title to the Site, and that the leasehold estate herein created is and shall be free, and cle�- of all He-n3 and Oth«z« icumbrances. Lessor wan-ants that this agreement includes access to I the Site as such access is represented by the tasement described in Exhibit "B" attached hereto. LEIS AaRnEwra CAWINDOWS\Fav()rite3\Whi"eA, CG\,rItaRTOwcr8\StUHrtI 8 Genico\Lease Page 2 S. 7® Inasmuch as Lessor is the owner of such land, it being a municipal corporation, no at valorem taxes should be charged for Lessee's utilization thereof, L11 (a) Lessee may terminate this lease at any time by giving thirty (30) days written notice to Lessor of its intention to do so. LEAE AJG E Page 3 '\W'NDOWSNF"O"teskWhiftu, C-GVrtaRTOWcrs\StUflrVs Gemco\Uasc Agmt.doc C' a ASSIGNABrLITy EW Notwithstanding the terms and provisions Of Paragraph 4 hereof, this lease is made expressly subject to certain valid and existing easements, leases, rights-of-way, oil, gas and mineral rights, and restrictions which are presently of record. IN REMOVAL OF PROPERTY AND OTHER COVE 'NANTS LE-ASE&GLREEmE M C:'WIND0WS\FavoritcAWhitt,,, C-G\TitanTowera\stuart,3 Gomcoqxaft Agnn.dm- Pne 4 Lessor: City ®f was 207 South Cedar Owasso, Oklahoma 74055 Fax No. Ussee- Titan Towers, L.P. 1500 Industrial Blvd., 304-W Abilene, Texas 79602 Attn- Operations Manager Fax No. (914) 692-7749 [01 LE& AGUE ----- C:\ ws \F "vorites\ 'ncnI C-G\T'tA9fr0Wcr8\StUaa'& G—OU-case Agmt.doc i 10 its successor, assignee or legal representative by registered mail, postage prepaid, indicating Lessor's desire to sell the property and the details of such bona fide third-party Offer therefor, Such right of refusal shall remain in force - through the term of this lease and any renewal thereof, 17. (b) Affm��ees: Should it be necessary for any party to this lease to consult or employ an attorney to enforce any obligation hereunder, the prevailing party shall be awarded reasonable attorney's fees for the services so rendered as determined by the Court, (c) This lease shall be construed and governed by the laws of the State of Oklahoma. The parties agree that venue for any action involving this lease may only be brought in an appropriate district court of Tulsa County, Oklahoma, (d) This agreement. may be amended only in writing, executed by both parties hereto er their (1) In case any cae or more of the provisions co,itained in this lease shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, jilegali ease d shall be construe or unenforceability shall not affect any other provision hereof, and this I as if the invalid, illegal or unenforceable provision or provisions had never been contained herein. (g) The headings of the paragraphs of this lease are for the guidance an4l convenience of reference only and shall not otherwise affect any of the terms or provisions hereof. (h) Lessee shall install a grounding system for the Tower and related buildings in accordance with the relevant City of Owasso building code and Lessor's grounding specifications. LEA----- AG E- Page 7 '\ W'ND0WS\FMV0r't0$\Wh'R@n, C-G itanTOWOFS\Stuart's Gemco\Lanse Agmt.doc C' (i) Lessor shall have the right to install upon the Tower, at a mounting height to be determined, a microwave antenna and equipment to provide telephone for Lessor's system, for which Lessor shall be charged a rental equal to the fair market value of such use, EXECUTED on this the I& day of May, 2000, Lessor: ary OF OWASSO, OKLAHOMA By:�� Its: Lessee: TITAN TOWERS, L.P., a Delaware limill, partnership By: Titan Towers, L.L.C., a Delaware limited liaR ility company, its General Partner By: ns- Prcsidpnt��� Warffren D. Har ins, President I I LE&W—AqHZEMn CAWTND0WSkF8V06teSk9 Nh;t?'-. V Page 8 THE STATE OF TEXAS COUNTY OF TAYLOR GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2000 JANE HATFIELD My COMMISSION EXPIRES May 30. 2001 N® Pub c, State ®f Te as LEASKA-G E p-- C;\ WS\I~avo'aecs\Whgten, C.GkTitanTowcm\Sumrt's Gemco\Leass Agmt.doc tract of land in the Northwest Quarter of the Northeast Quarter (NW/4NE/4) of Section Twenty (20), Township Twenty -one (1) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Governrnent Survey thereof, being more particularly described as follows, to-wit: COMMENCING at the Northwest corner of said /4 of the /49 THENCE S 9® 569 56" E a distance of 21,60 feet; THENCE 00® 6' 15" W a distance of 51.92 feet THENCE S 84044'25" E a distance of 50.19 -feet THENCE S 00® 1' 5" W a distance of 286.11 feet, THENCE S 00® 19' 21" W a distance of 305.89 feet, THENCE S 9® 40' 39" E a distance of 95.00 feet to the Point of Beginning- THENCE continuing S 89® 40' 39" E a distance of 75,00 feet THENCE S 00® 19' 21" W a distance of 75.00 feet THENCE N 89' 40' 39" W a distance of 75.00 feet THENCE N 00® 19' 21" E a distance of 75.00 feet to the POINT OF BEGINNING. s PARTIAL RELEASE #2L ASE, On the 16 th day of May, 2000, a Lease Agreement ("Lease") was made and entered by and between City of Owasso as "Lessoe, and Titan Towers, L.P., a Delaware linlited partnership as "Lessee", which Lease was recorded June 6, 2000, in Book 63 73, Page 2285, in the Office oft e Tulsa County Clerk. On the 276' day of December, 200 1, the Lessee licensed the use Of its tower to Cricket Oklahoma ProUL4y,. Comy." a h Myqm-�MTMMUM of Site Agreement recorded February 27, 2002, in Book n©# Page 472, in the Office oft Tulsa County Clerk, which Site Agreement did not assign any of Lessee's fights or obligations under the Lease. The Lease is referred to as the Titan-Owasso Site OKOO 19 and leased ihat certain tract of land located in the City of Owasso, Tulsa Commy, State of in Exhibit "N' attached hereto and made a part hereof NOW, TFIEREFORE, the above named Lessee does hereby release, rernise \v ore quit all of its rights, title, easements and interests in and to the Lease, including (witho limitation) the fight of first refusal identified in the Lease, but only in so far as relates to the proper;j described on Exhibit "B" attached hey »,» nd made a part /« « ©\ 0 �= - I MIa2 � �M A IMM.MiMI.M.&I —I-, VIMMITIMEW570 ff, Abilene, Texas 79602 ... 2. ƒ f MEW A parcel of land located in the NE/4 of Section 20, Township 21 North, East of the Indian Base and Meridian more described as follows: A DIM `` ` It s -,111 it TO THE HONORABLE MA'�41Z AND CITY COUNCIJ CITY 1. F ..m . FROMa RONALD Ida CATES CITY ATTORNEY LEASE THE YMCA OF GRE ATER TULSA, FACILITIES IMPROVEMENTS-RAYOLA PARK ME, 111 ` At the direction of the City Manager, there is presented for Council consideration a proposed Lease Agreement between the City of Owasso, Oklahoma, and the YMCA of Greater Tulsa, an Oklahoma nonprofit corporation. The Lease Agreement is the vehicle by which the City of Owasso and the YMCA will jointly undertake and accomplish a significant capital improvement project at Rayola Park consisting of a new recreational center with an indoor aquatic facility. The Owasso Recreation Center was constructed in 1969 as an addition to Rayola Park. The City of Owasso operated the Recreation "Rec" Center until June 30, 1996. Beginning July 1, 1996, the Young Lien's Christian Association of Greater Tulsa (YMCA) assumed the responsibilities of both the facility as well as the programs then being offered. A copy of the Recreation Facility Lease Agreement is attached. In addition to that which was assumed, the YMCA expanded the programs as well as renovated and refurbished the facility. Since July of 1996, the privatization of the Recreation Center has proven beneficial to the City, the YMCA and most importantly the citizens. The City has been able to reallocate financial and personnel resources to other municipal needs while preserving the recreational opportunities of its citizens. The YMCA has borne the expense associated with facility and program management. Further, not only has the YMCA continued many of the previously existing programs but also, it has incorporated new programs into the Center's recreational regimen. Finally, the YMCA has provided facility improvements in excess of $3,000,000.00, an amount that otherwise would have come, if at all, from City capital improvement project funding. As a result of the relationship, the YMCA has likewise benefited with its increased presence in this dynamic growth area. YMCA membership within the Owasso area has grown. YMCA members from other parts of the Tulsa metropolitan area now have the opportunity to enjoy their membership benefits in Owasso. Conversely, Owasso residents who are members can enjoy their membership benefits throughout the Tulsa metropolitan area. This brief overview itself supports the observation previously made that the citizens of Owasso are the ultimate beneficiaries of this public/private partnership. It is with these positive results in mind, together with the reasonable expectation that even more will assuredly come that Staff presents this proposed Lease Agreement. DISCUS910N. The Lease Agreement presented for the Council's review and consideration is conceptually much broader than its name suggests. Although fundamentally it is a ground lease of a portion of Rayola Park, it is in a larger sense an agreement setting forth a public/private venture aimed at providing the most current, state of the art, recreational alternatives to the citizens of Owasso. This proposed venture combine an investment of approximately $5,000,000.00 in a recreational facility and ancillary structures. Additionally, the agreement sets forth the terms pertaining to facility operations and maintenance that will govern the relationship across a span of fifty (50) years. The salient provisions of the proposed Lease Agreement are as follows: • The leased property consists of the existing Recreation Center as well as additional lands adjacent to such which will serve as the site for the new facility. Also, as pertains to the baseball fields, the field popularly known as Ram I will remain within the control of the City, Ram 2 will be taken out of service during construction and the fields to the west and northwest will be operated by the YMCA,- • The term of the lease is fifty (50) years. No options to renew are provided; • The YMCA will construct and install facilities pursuant to plans and specifications jointly approved. The facilities will generally consist of basketball courts as well as exercise and meeting rooms. Additionally, there will be an indoors aquatic facility with indoor/outdoor access. The YMCA will be responsible for obtaining directly or through contractors all surety bonds and insurance coverage normally attendant to a publicly financed capital improvement. The YMCA will be responsible for equipping the facility; • Title to the facilities, not the ground, will be jointly held with each party owning that percentage that its investment bears to the whole-, • The City will allow the YMCA to utilize the entire facility, not the land, as collateral for its construction and equipment loan(s). The City will allow the YMCA to collateralize the Lease to provide additional security for the YMCA loans. The City will neither be a maker on the loan(s) nor a guarantor. • The operation and maintenance of the facilities will be the responsibility of the YMCA. The YMCA will accomplish such in compliance with all applicable local, state, and federal laws and regulations. Additionally, the YMCA will, at all times, have in effect with a reputable, financially responsible insurer licensed to do business in the State of Oklahoma, property and casualty coverage in an amount of not less than one hundred per cent (100 %) of the value of the property as well as liability coverage in an amount of not less than $10,000,000.00. The City will be an additional insured on such policies of insurance. The remaining provisions of the pease Agreement, although of importance, are considered as being standard contractual provisions normally found in cooperative multi - governmental arrangements. Such generally consists of party identifications, recitals, definitions and aids to interpretation language. In light of such, those provisions are not specifically discussed in this Memorandum. Any questions that any Councilor(s) might have regarding this matter should be directed to Mr. Ray or me. Staff would recommend that the Council approve the pease Agreement presented. 1. Proposed pease Agreement (City Council Packets Only) 2. Recreation Facility pease Agreement (City Council Packets Only) Citizens desirous of reviewing either of the attachments may do so by contacting Julie at 918/376 ®1502. 3 COMMENTS (6/3/04) TO ROUGH DRAFT DATED 5/10/0 is � is j 3 {370293;3} ARTICLE I— N������� ,^,~~.~^..~~.,~ ^^~^.^.^.~.^~..^....~^,..~,~.~.~....^.^^.^...^,.~..^.^,,.,~.. � Section1.1 .,~.................,........................ K ARTICLE 11— REPRESENTATIONS .............,^...........~..^......,........^..,.....,..........^... 2 Section 2.1. 2 Section 2.2 .^.^... 3 ARTICLEIII — LEASE ........................................................................... ,.... ............... 4 Section3.1 ......... ............................ ............. 4 Section3.2 Facilities ............................... ,......................................... ............ 4 Section3.3 Short Form Lease ...~..,.,.,......^.^........~.~........~..~.........,...~... 4 Section 3/4 Baseball Field ........... .... .,—..~ ............................................... —.. 4 THE FACHATIIES ..........~............~~~.........,...............~..,.....,.,..~. Section 5.1- Ai!reement to Acguire Construct and Install the Facilities; Plansand Specifications ^^^^^^`~^^^`~`~^~^~^^^~^^^^^^~'~`^`~^^^~^^^`^`~~``~``~~^^^ Section 5.2 Completion of Facilities ..~~~....~....~.~........~~..~~~~~,.......~. Section 5.3 Performance and Payment Bonds .^.,.,...,...................~~,,....,... Section5.4 Maintenance Bond ,..~,,~,,......,~..~....,,...,.................~.......~... Section5.5 .....,.........,.......,..... Section 5.6 ~.~. Section5.7 ' .......................................... Section 5.8 Title to the Facilities ~.,..,,.~...~~~~..~.~~..,..........~....,,......,.... Section 5.9 Use of the Facilities ..~..~.......~~.,~.~~~~..,.~~^.....,.^~...~.~^.^.....~^ Section5.10 ...,......~.,.~~.~,~...~^ Section 5.11 No WgrrantX of Condition or Suitability by the Citv .............. Section5.12 Subseguent Ifflgr2vements ........................................................ � � � � � � � 6 m 6 8 8 9 9 9 9 10 lA 10 80 11 Section 6.2 Payments Under Lease in Addition to PayMents Section9.11 Excess Insurance Proceeds ........................................................ 17 p70293;3} ii ,370293-13 Hi ..... . .. .. .. ... ......... ... ,370293-13 Hi j i l This LEASE, dated as of June __, 2004, between the City of Owasso, Oklahoma, a home rule city and an Oklahoma municipal corporation organized and existing under the Constitution and laws of the State of Oklahoma (the "City "), and the YMCA of Greater Tulsa, an Oklahoma nonprofit corporation (the "Company "). WHEREAS, the City owns certain unimproved real estate more specifically described on Exhibit A hereto (the "Ground "), and desires to improve the Ground for recreational use for the benefit of the public; and WHEREAS, the Company is an Oklahoma nonprofit corporation dedicated to building strong kids, strong families and strong communities through programs that enrich the spirit, mind and body for persons of all ages and economic levels; and WHEREAS, in recognition of the need to provide recreational facilities and opportunities in the City, the City desires to provide a certain amount of economic assistance for, and the Company desires to design, construct and equip a new permanent recreational facility on the Ground, together with improvements thereto, including certain aquatic facilities (the "Aquatics Portion"), all as more particularly described on Exhibit B hereto (the "Facilities "); and WHEREAS, the Company desires to lease from the City the Ground upon which the Facilities are to be located, in accordance with the terms hereinafter contained; and WHEREAS, the City proposes to lease to the Company the Ground in accordance with this Lease which, among other matters, provides for the payment of Ground /Facility Rentals (as defined in Section 6.1 herein) and sets forth certain other rights and obligations of the Company with respect to the Facilities and the Ground. NOW, THEREFORE, in consideration of the respective representations and agreements contained herein, the City and the Company hereby agree as follows: Ii1�l • ,� • � tg Section 1.1 Interpretation and Construction. For all purposes of this Lease, except as otherwise expressly provided or unless the context otherwise requires: (a) All references in the Lease to "Articles," "Sections," "subsections," "paragraphs," "clauses" and other subdivisions are to the designated Articles, Sections, subsections, paragraphs, clauses and other subdivisions of this Lease. The terms "herein," {370293;31 "hereof," "hereto," "hereby," and "hereunder" and other words of similar import refer to this Lease as a whole and not to any particular Article, Section or other subdivision. (b) The terms defined herein include the plural as well as the singular. (c) All the accounting terms not otherwise defined herein have the meaning assigned to them in accordance with generally accepted accounting principles as in effect from time to time. (d) The term "money" or "moneys" includes any cash, check, deposit, investment security or other form in which any of the foregoing are held hereunder. 9�+ (e) Every 5 "!request," "order," "demand," 9"application," "appointment," notice," "statement," "certificate," "consent" or similar action hereunder by the City lid the Company shall be in writing and signed on behalf of the City by the City Manager for the City or such other person as the City Manager may designate in writing as provided herein or on behalf of the Company by the Chief Financial officer of the Company. (f) In the computation of a period of time from a specified date to a later specified date, the word "from" means "from and including" and each of the words "to" and LLuntil" means "to but excluding." (g) All section titles herein are for convenience of reference only and not for the purpose of interpreting the provisions of this Lease. "Property". (h) The Facilities and the Ground shall be collectively referred to herein as the Section 2.1 representations and Covenants by the City. The City hereby represents and covenants that, subject to the provisions of its City Charter: (a) The City is a home rule city and an Oklahoma municipal corporation, duly organized and existing under the Constitution and laws of the State of Oklahoma. (b) The City is duly authorized and empowered by the Constitution of the State of Oklahoma, and the City Charter of the City of Owasso, to enter into the transactions contemplated by this Lease, and to carry out its obligations hereunder and thereunder. (c) done of the execution and delivery of this Lease, the consummation of the transactions contemplated hereby, or the fulfillment of or compliance with the terms and conditions of this Lease, materially conflicts with or will result in a material breach of the terms, conditions or provisions of any restriction or any agreement or instrument to which the City is now a party or by which it is bound, or constitutes a default under any of the foregoing. {370293:3) 2 (d) The City has good and clear title to the ground, free and clear of all liens and encumbrances, to enable the Company to acquire, construct and install the Facilities on the Ground and to enable the City to lease to the Company the ground as provided in this Lease. (e) This Lease has been duty authorized and delivered by the City and constitutes the legal, valid and binding obligation of the City, enforceable against the City in accordance with its terms. (f) To the knowledge of the City, no person holding office of the City, either by election or appointment, has any interest, either directly or indirectly, in any contract being entered into or with respect to any work to be carried out in connection with the Lease and upon which said officer may be called upon to act or vote. (g) With respect to the Ground, the City is in full compliance with all applicable environmental laws, rules, requirements, order, directives, ordinances and regulations of the United States of America, the State of Oklahoma and the City and any other lawful authority having jurisdiction over or affecting the Ground, and the City is not aware of any potential claim or liability under any such environmental laws, rules, requirements, orders, directives, ordinances and regulations or of any events, conditions, circumstances, activities, practices, actions or plans which may give rise to any such claim or liability. Section 2.2 Representations and Covenants by the Company. The Company hereby represents and covenants that: (a) The Company is a nonprofit corporation duly incorporated and in good standing in the State of Oklahoma, is not in violation of any provision of its Articles of Incorporation or its by-laws, has full corporate power to own its properties and conduct its business, has full legal right, power and authority to enter into this Lease, and to consummate all transactions contemplated hereby and thereby and by proper corporate action has duly authorized the execution and delivery of this Lease. (b) Neither the execution and delivery by the Company of the Lease nor the consummation by the Company of the transactions contemplated hereby or thereby conflicts with, will result in a breach of or default under or will result in the imposition of any lien on any property of the Company pursuant to the Articles of Incorporation or by-laws of the Company or the terms, conditions or provisions of any statute, order, rule, regulation, agreement or instrument to which the Company is a party or by which it is bound. (c) This Lease has been duly authorized, executed and delivered by the Company and constitutes a legal, valid and binding obligation of the Company enforceable against the Company in accordance with its terms. (d) The Facilities consist and will consist of the facilities described in Exhibit B hereto, and no changes shall be made in the Facilities except as permitted herein. '370293-3) FI Section 3.1 Lease of the Ground/Facilities. The City hereby leases to the Company, and the Company hereby leases from the City, the Ground and its portion of the Facilities hereafter to be constructed and owned by the City, for the use by the Company on the terms and conditions set forth in this Lease, including but not limited to the Company's agreement to pay Ground/Facility Rentals to the City in accordance with Section 6.1 hereof Section 3.2 Facilities. (a) The Facilities shall be deemed personal property of the City (subject to the lease in favor of the Company as provided below) and the Company in their respective percentages provided in Section 8.5 below, and shall consist of (i) the Facilities as more fully described in Exhibit B hereto, and (ii) all improvements and fixtures constructed or installed in or with respect to the Facilities in accordance with the Plans and Specifications. (b) The City and the Company acknowledge that the descriptions in Exhibits A, B, and C hereto are approximate and that, following completion of a formal survey, an exact description for such Facilities and the Ground upon which they are to be located shall be provided and approved by both the City and the Company, as evidenced by initials thereon, and thereafter substituted as revised Exhibits without the requirement of a formal amendment to this Lease. Thereafter, the Exhibits hereto shall be revised from time to time to reflect additions to, deletions from and changes to the Facilities and the Ground upon which they are to be located made in accordance with this Lease. Section 3.3 Short Form Lease. On or before the date that Company commences construction of the Improvements, the parties will execute and record in the office of the County Clerk, Tulsa County, Oklahoma, a short form of this Lease or a memorandum of this Lease in form reasonably acceptable to the Company. Upon completion of the construction of the Improvements are issuance of a certificate of occupancy, the parties will further execute and record an amendment to this Lease as well as the Short Form Lease or memorandum of lease which specifies the allocation of ownership in the Facilities, as provided in Section 5.8(a) below. In no event shall this Lease be recorded in its entirety. Company shall pay the cost of recording the Short Form Lease. Section 3.4 Baseball Field. The parties acknowledge that the City is currently in the process of constructing certain baseball fields in Owasso and upon completion of such construction, the City shall cease operating that certain baseball field and relating improvements upon the real property described on Exhibit "C" attached hereto and made a part hereof (the "Baseball Field") which is located northeast of and adjacent to the Ground. Promptly after the completion of such construction of {3702933} 4 the baseball fields, the City and the Company shall make, execute and amend this Lease (and any short form of this Lease) to include the Baseball Field as part and parcel of the Ground, and subject to the terms of this Lease except the Company shall be under no obligation to pay any additional rent. Further, the parties acknowledge and agree that for no additional rental or other payments, during the construction of the Facilities, the Company shall be entitled to use that certain south baseball field, as described on Exhibit "B" attached hereto, for parking ID purposes. ARTICLE IV LEASE TERM Section 4.1 Term of the Lease. This Lease shall commence on the date set forth on the first page hereof and shall continue until the earliest of (a) June 2054; (b) at the City's option, upon the occurrence of an event of default under Section 11.1 hereof that is not waived in accordance with Section 11.4 hereof, (c) at the Company's option, but only as to all of the Property, at any time. Section 4.2 Intentionally Blank Section 4.3 Surrender of Possession. No notice to quit possession at the termination of the Lease shall be necessary, and the Company covenants peaceably to surrender possession of the Ground upon the termination of this Lease, provided, however, that the Company shall have the right to remove any and all property and Facilities of the Company in accordance with Sections 8.5 and 8.6 herein. Section 4.4 Reversion. Upon termination of this Lease, the Company's rights with respect to the Ground shall terminate, and the Ground and any Facilities owned by the Company but which are not removed by it in accordance with Section 8.6 herein shall become improved real property owned in whole and entirely by the City. Section 4.5 Evidence of Termination. At the termination of this Lease pursuant to Section 4.1 herein, and following full payment of all amounts payable hereunder in accordance with the provision of this Lease, the parties hereto shall deliver any documents and take such actions as may be requested to effectuate the cancellation and evidence the termination of this Lease. Section 4.6 Effect of Holding Over. Should the Company hold over the use of or continue to occupy the Ground or any part thereof after the termination of this Lease, such holding over shall be deemed merely a tenancy from month to month upon a monthly rental in an amount equal to one-twelfth of the prior year's Ground/Facility Rentals (as defined in section 6.2 herein) paid by the Company. f370293-.31 Section 4.7 First Right of Refusal. (a) In the event the Company wishes to sell or otherwise transfer the Facilities to any third party (other than to an affiliate of the Company that expressly agrees to be bound by and subject to this Lease), the Company shall give to the City prompt written notice of its intent to sell or otherwise transfer the Facilities. Thereafter, the City may, but need not, notice the Company in writing, within forty -five (45) days of the Company's notice to the City, of the City's intent to purchase the Facilities for the Facilities' then appraised fair market value, less $1,500,000.00. In the event the City gives such notice, the City shall thereafter purchase all, but not less than all, of the Facilities from the Company, within ninety (90) days of the City's notice. In the event the parties cannot agree upon the fair market value within thirty (3)0) days following the City's notice, the City shall appoint one commercial real estate broker duly licensed in the State of Oklahoma with at least fifteen (15) years experience in commercial real estate (the "Real Estate Broker ") and the Company shall appoint one Real Estate Broker- and the two Real Estate Broker's shall appoint a third Real Estate Broker, and each of the three Real Estate Brokers shall determine the fair- market value of the Facilities (and deliver to the City and the Company a written report explaining the process and assumptions used to determine Fair Market Value), and the "Fair Market Value" shall be the average of such findings. Each party shall be responsible for the cost of its respective Real Estate Broker, and the cost of the third Real Estate Broker shall be evenly divided between the City and the Company. If the then appraised fair market value of the Facilities at the time of the Company's notice to the City of its intent to sell or otherwise transfer the Facilities is less that $1,500,000.00, then in the event the City notices the Company of its intent to exercise its right of first refusal contained in this Section 4.7 the purchase price for the Facilities shall be equal to the then appraised fair market value of the Facilities less an amount equal to the then appraised fair market value of the Facilities multiplied by a fraction, the numerator of which is the then appraised fair market value of the Facilities and the denominator of which is $1,500,000.00. (b) In the event the City wishes to sell or otherwise transfer its portion of the Facilities and the Ground to any third party, the City shall give to the Company prompt written notice of its intent to sell or otherwise transfer the Facilities and Ground. Thereafter, the Company may, but need not, notice the City in writing, within forty -five (45) days of the City's notice to the Company, of the Company's intent to purchase the Facilities and Ground for the price of $1,500,000.00. In the event the Company gives such notice, the Company shall thereafter purchase all, but not less than all, of the Facilities and Ground from the City, within ninety (90) days of the Company's notice. During the term of this Lease, at not time shall the City sell or otherwise transfer its portion of the Facilities or the Ground, separate from the other. ARTICLE ACQUISITION, CONSTRUCTION AND EQUIPPING 0 THE FACILITIES I Section 5.1 Agreement to Acquire Construct and Install the Facilities: Plans and Specifications. {370293 :31 6 (a) The Company agrees that it will construct and install the Facilities substantially in accordance with the Plans and Specifications and the provisions set forth in Exhibit D hereto which have been previously approved by the City. The Company shall submit two (2) complete copies of the Plans and Specifications to the City Manager (the "Manager ") prior to the commencement of construction of the Facilities. The Plans and Specifications may be revised at any time prior to the completion date for the Facilities provided that (i) the revisions are approved by the Manager, which shall not be unreasonably withheld, delayed or conditioned and (ii) the Exhibits hereto are revised to reflect additions to, deletions from and changes in the Facilities. (b) The Plans and Specifications shall be prepared by a licensed architect with experience in the design of recreational facilities. After final written approval by the Manager, the Manager shall return to the Company one (1) approved copy of the Plans and Specifications for the Company's records and shall retain one (1) approved copy as an official record thereof. In the event of disapproval by the Manager of any portion of any plans or specifications, the Company shall promptly submit necessary modifications and revisions thereof for approval by the Manager. The Manager agrees to act within ten (10) days of receipt of such Plans and Specifications and upon requests for approval of changes or alternations in said Plans or Specifications. If the Manager fails to act within said ten (10) days, approval shall be deemed to have been granted. No substantial changes or alterations shall be made in said Plans or Specifications after initial approval by the Manager without the prior written approval of the Manager, which approval shall not be unreasonably withheld or delayed. The Company shall include in all contracts and agreements provisions acceptable to the City governing the construction of the improvements on the Ground. Such provisions are set forth in Exhibit E hereto. The City, through the Manager, shall retain at all times the right to stop construction, order the contractor off of the construction site, or to take such other actions on behalf of the City as deemed reasonably necessary to ensure the safety of workers or equipment. (c) All design or construction contracts for the Facilities shall be awarded by the Company and certain portions of the work may be awarded to the Company's own personnel. Where the work is to be done by Company personnel, the Company may charge for materials and direct labor, plus a reasonable percentage for overhead. (d) The City shall contribute the amount of $1,500,000.00 to the costs of the construction of the Facilities and specifically the acquisition and payment of certain materials and the City represents and warrants to the Company that such funds are available for such purpose and the use thereof by the City as provided in this Lease has been duly authorized and approved. In connection with the foregoing, Notwithstanding anything herein to the contrary, the City shall purchase, acquire and pay for those certain categories of materials as described on Exhibit "G" attached hereto (the 'Building Materials "). Regardless of the entire construction cost for the Facilities, including costs if any of materials purchased, unless otherwise agreed upon between the parties, the City's contribution need not exceed total payments of $1,500,000.00. The City shall purchase all of such Building Materials directly from such vendors and suppliers as are mutually approved and agreed upon by the City and the Company. 'The costs of Building Materials so purchased by the City shall be paid by or on behalf of the City (through Tulsa County 2025 Funds) and not by Company. The City shall pay for or cause to be (37029U } 7 paid for by Tulsa County 2025 Funds on its behalf the Building Materials ordered by the City and such payment shall be made directly to the vendors and suppliers of such Building Materials. Payment shall be made for such Building Materials that are properly delivered to and accepted by the City. Such payment shall be made within thirty (30) days of the date the City is invoiced for the Building Materials. If and in the event the City's direct Building Material purchases do not equal $1,500,000.00, then, in such event, the City, upon written request therefor from the Company, shall pay over unto Company such remaining amounts in direct proportion that such remaining funds bears to the percentage of completion of the construction. Upon completion of the Facilities and subject to Section 3.1 hereof, the City shall own an undivided percentage interest in the Facilities determined by dividing $1,500,000.00 by the total dollar cost of the Facilities as provided in 8.5 hereof (e) Nothing contained in this Section 5.1 shall relieve the Company from making the payments required to be made pursuant to Article VI hereof. Section 5.2 Completion of Facilities. The Company shall pursue the planning and construction of the Facilities to completion promptly with diligence. The Company shall use its best efforts to cause the completion date to occur on or before 2005. The Company, with the approval of an engineer or architect (who may be an employee of the Company) familiar with the Facilities, shall certify to the City that to the best of the Company's knowledge based upon the representation of contractors, subcontractors, architects, engineers, vendors or other consultants and, except for any amounts estimated by the Company to be necessary for payment of any costs of construction not then due and payable, the Facilities have been completed in substantial conformity with the Plans and Specifications as approved by the City. Provided however, that the delivery of any such certificate by the Company shall not, and such certificate shall state that it does not, prejudice any rights against third parties which exist at the date of such certificate or which may subsequently come into being. For purposes of this Lease, the Completion hate shall be such date that the Company and the City, by and through its City Council, accepts the Facilities. The Company shall provide the City with one (1) completed set of as -built drawings in the form of an AutoCADD file (Release 12), and one (1) completed set of as -built drawings in mylar reproducibles. The Company agrees that, upon the request of the City, the Company will inspect the Facilities and the real property provided by the City jointly with the City to verify the as -built drawings. Section 5.3 Performance and Payment Bonds. Prior to the commencement of any construction hereunder, the Company or its contractor shall furnish to the City, and without expense to the City, performance and payment bonds in a form approved by the City Attorney, naming the City as beneficiary, issued by a surety licensed to transact business in the State of Oklahoma and satisfactory to the City, with the Company's contractor or contractors as principals, in a sum not less than the amount bid by the successful contractor(s) for the contract or contracts for the construction of the Facilities as approved by the City herein. Said bonds shall assure prompt and satisfactory completion of the work to performed in accordance with the construction contract and shall guarantee the prompt payment to all persons supplying labor, materials, provisions, supplies, and equipment used directly or indirectly by said contractor, subcontractor(s), and suppliers in the prosecution of the work provided for said construction contract and shall protect the City from any liability, losses, or damages arising therefrom. The {370293;3} Company specifically reserves the right to contest any and all claims for payment which may be submitted or otherwise set forth under this Section 5.3. The form of the bond shall be as shown on Exhibit F of this Lease. Section 5.4 Maintenance Bond. The Company shall cause each contractor and , at the Company's discretion, any subcontractor, that is responsible for the construction of any portion of the Facilities to bond or otherwise guarantee all work performed by it against defective workmanship and materials for a period of one year after the Completion Date, provided that such one year period shall not begin with respect to any item that is not completed on the Completion Date until such item is completed. Section 5.5 Builder's Risk Completed Value Insurance. The Company shall procure and maintain, at its own cost and expense, or require its general contractor to obtain, until the later- of the Completion Date or the date all insurance required pursuant to Article IX of this Lease is procured, all risk of loss builder's risk completed value insurance upon such property. This insurance shall insure and protect from all insurable risks of physical loss or damage to the project materials (including but not limited to the Building Materials purchased by the City) or equipment, including labor- expended, in warehouses or storage area, during the installation or erection, and after the work is completed until final acceptance of the entire work by the City and the Company regardless of any acceptance or use of portions of the work prior to completion of the contract. Contractors and subcontractors will be covered, excluding their own machinery, tools and equipment. The deductible under the Builder's Risk insurance shall be sustained and borne by the contractor. Section 5.6 General Public Liability and Property Damage Insurance. The Company shall require that each contractor or subcontractor procure and maintain standard form comprehensive general public liability and property damage insurance, at the contractor's or subcontractor's own cost and expense, during the duration of the contractor's or subcontractor's contract with the Company, in the amount of at least $10,000,000.00. Such policies shall include the City as an additional insured and shall include a provision prohibiting cancellation, termination or alteration without thirty® (30) day's prior written notice to the City and the Company. A certificate of insurance evidencing such insurance shall be provided to the Company and the City with respect to each contractor or subcontractor. Such insurance shall provide protection from all claims for bodily injury, including death, property damage and contractual liability. Section 5.7 Workers' Compensation Insurance. The Company shall require that each contractor or subcontractor that is responsible for construction of any portion of the Facilities procure and maintain, at the contractor's or subcontractor's own cost and expense, workers' compensation insurance during the term of the contractor's or subcontractor's contract with the Company, covering all persons working under the contract. Such insurance, if issued by a private carrier, shall contain a provision prohibiting cancellation, termination or alteration without thirty (30) days prior written notice to the City and the Company. A certificate issued by the State Insurance Fund evidencing such coverage shall be provided to the City and the Company, or if such insurance is provided by a private carrier, a certificate of insurance evidencing such insurance shall be provided to the City and the Company. {370293;3} 9 Section 5.8 Title to the Facilities. (a) The City and the Company hereby jointly own all of its right, title and interest in the Facilities and all work completed or in progress. The percentage ownership of the Facilities of each party shall be determined by adding the total cost of construction of the Facilities and then dividing the amount by the respective party's total payments of those total costs by the total costs so determined. Except as provided in Section 3.4 above, the City and the Company shall not be required to take any further action to evidence or confirm such title. The Company will be liable at all such times for all risk, loss and damages with respect to the Property. (b) Title to any subsequent improvement to the Facilities, unless such are accomplished and /or paid for by the City, will be retained by the Company as the same are erected, installed and /or put in place and any subsequent improvements shall be subject to the term of this Lease. (c) The City and the Company each agree to do all acts and execute and deliver all documents necessary to confirm title to the Facilities in the City and the Company. Section 5.9 Use of the Facilities. The Company shall have the sole management, occupancy and control of the Property. Section 5.10 Notices and Permits; Legal Conformance. (a) The Company shall give or cause to be given all notices and comply or cause compliance with all laws, ordinances, municipal rules and regulations and requirements of public authorities applying to or affecting the conduct of the work on the construction of the Facilities. All permits, approval and licenses necessary for the prosecution of the work shall be procured by the Company. (b) All of the Facilities and all alterations and additions thereto shall in all respects be constructed in accordance with the ordinances and any applicable building code and any other applicable rules, laws or regulations. (c) The City covenants, warrants and agrees that the applicable zoning ordinance with respect to the Ground permits the construction, operation and use of the Facilities by the Company. Section 5.11 No Warranty of Condition or Suitability by the City. THE COMPANY SPECIFICALLY ACKNOWLEDGES THAT THE CITY MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF HABITABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR USE, AS TO THE GROUND OR FACILITIES OR THEIR CONDITION OR THAT THEY WILL BE SUITABLE FOR THE COMPANY'S 1 •� 0 .- 9 i {3702933) 10 Section 5.12 Subsequent Improvements. After the Company's occupancy of the Property, the Company shall be responsible for the full cost of any alterations and improvements. The Company shall be responsible for obtaining permits and inspections, if necessary, from other agencies of the City, Tulsa County, or other government entities with jurisdiction over the Property. In the event the Facilities require expansion, the Company shall have the right to expand such Facilities in accordance with the terms hereof and such expansion shall be deemed part of the Facilities and shall be subject to the terms and conditions thereof Any such expansion by the Company shall be owned by the Company and shall increase the Company's percentage of ownership of the entire Facilities. Such percentage of ownership shall be determined by adding the total cost of construction of the Facilities, including costs of construction of the subsequent improvements, and then dividing the amount of the Company's total payments of those total costs by those total costs so determined. ARTICLE VI I� ENTS UNDER THIS LEASE Section 6.1 Ground/FacilAy Rentals. The Company agrees to pay Ground/Facility Rentals to the City on the occupancy date of the Facilities and thereafter on the first day of each succeeding year, in advance, during the term of this Lease, in an amount equal to $ 1.00 per month. Section 6.2 Payments Under Lease in Addition to Pavments For ®perating Property. All expenses incurred by the Company in connection with its operation and use of the Property shall be paid by the Company directly without reduction of any other amounts payable by the Company under this Lease and without right or reimbursement. Nothing contained in this Article VI shall be construed to release the City from the performance of any of the agreements on its part herein contained; and in the event the City shall fail to perform any such agreement on its part, the Company may institute such action against the City as the Company may deem necessary to compel performance. The Company may at its own cost and expense and in its own name prosecute or defend any action or proceeding or take any other action involving third persons which the Company deems reasonably necessary in order to secure or protect its rights hereunder, and in such event the City hereby agrees to cooperate fully with the Company and to take all action necessary to effect the substitution of the Company for the City in any such action or proceeding if the Company shall so request; provided that the City shall not be required to take any act which, in the opinion of the City Attorney, would be prejudicial to the rights or interests of the City in connection with such action or proceeding or the facts giving rise thereto. ARTICLE VII 2 UUCL4-U�JCYKI�4JLXS Section 7.1 Financial Statements of Company. The Company agrees to furnish to the City Treasurer copies, within 150 days of the end of the Company's fiscal year, an audited statement of consolidated financial position and results of operations, with respect to operations of the Company as a whole. t370293;31 I I Section 7.2 Company to Maintain its Corporate Existence: Conditions Under Which Exceptions Permitted. The Company agrees that during the term of this Lease it will maintain in good standing its corporate existence, will remain duly qualified to do business in the State of Oklahoma, will not dissolve or otherwise dispose of all or substantially all of its assets and will not consolidate with or merge into another corporation; provided, however, that the Company may, without violating the agreements contained in this Section 7.2, consolidate with or merge into another corporation either incorporated and existing under the laws of the State of Oklahoma or qualified to do business in the State of Oklahoma as a foreign corporation, or sell or otherwise transfer to another such corporation all or substantially all of its assets as an entirety and thereafter dissolve, provided (i) the resulting, surviving or transferee corporation, as the case may be, is not "Insolvent" within the meaning of the Oklahoma Uniform Commercial Code, (ii) the City Treasurer is provided with a certificate from the Chief Financial Officer of the resulting, surviving or transferee corporation stating that such corporation has not ceased to pay its debts in the ordinary course of business and can pay its debts as they become due and is not insolvent within the meaning of the federal bankruptcy law, (iii)) the resulting, surviving or transferee corporation irrevocably and unconditionally assumes in writing and agrees to perform by means of an instrument which is delivered to the City Treasurer all of the obligations of the Company herein, and (iv) the City Treasurer and the City Attorney receive an opinion of Counsel, in form and substance satisfactory to the City Attorney, to the effect that such consolidation, merger, sale or transfer complies with this Lease. Section 7.3 Indemnification Covenant. The Company will pay, and will protect, indemnify and save the City and its respective agents, officers and employees, harmless from and against any and all liabilities, losses, damages, costs and expenses (including attorney's fees, alternative dispute resolution expenses and fees and expenses of the Company and the City), causes of action, suits, claims, demands and judgments of whatsoever kind and nature (including those arising or resulting from any injury to or death of any person or damage to property) arising out of any of the following except when caused by the negligence of the willful misconduct or gross negligence of the City or its agents, officers or employees acting in their official capacity (and not as patrons of the Facilities): Facilities; (a) the design, construction, installation, equipping and financing of the (b) the use or occupancy by the Company of the Property-, (c) the violation by the Company of any agreement, representation, warranty, covenant or condition of this Lease; (d) the violation by the Company of any other contract, agreement or restriction relating to the Property; or (e) the violation by the Company of any law, ordinance, regulation or court order affecting the Leased Property or the ownership, occupancy or use thereof. The City shall promptly notify the Company in writing of any claim or action brought against the City in respect of which indemnity may be sought against the Company hereunder, I- 1370293:31 12 setting forth the particulars of such claim or action. The City may employ separate Counsel in any such action and participate in the defense thereof, but the fees and expenses of such Counsel shall not be payable by the Company unless such employment has been specifically authorized by the Company. The indemnity provided for in this Section 7.3 shall be independent of any indemnities to which the City may be entitled under any agreement between the City and the Company. Section 7.4 (quiet Enjoyment. The City covenants that the Company, on performing its covenants and other obligations hereunder, shall have quiet and peaceable possession of the Property until the termination of this Lease. Section 7.5 Assignments and Subleases. Except as otherwise provided in this Section 7.5 and Section 7.2 hereof, neither the Company nor the City shall assign or otherwise transfer its respective interest in this Lease, in whole or in part, or transfer any interest in or to the Facilities without the prior written consent of the other party, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, the Company shall have the right to grant licenses for portions of the Facilities to concessionaires of Company's choosing, or to otherwise subcontract operations functions to subcontractors of the Company's choosing. All revenues paid by concessionaires for use of the Facilities shall be paid to and belong to the Company. The Company shall bear sole responsibility for making all payments to subcontractors. Section 7.6 Financing and Mortgage of Ground and Facilities. The City acknowledges and agrees that as an accommodation to the Company, the City shall join in the execution and deliver to the Company's construction or permanent lender or financial institution (whether direct loans, bond financing or otherwise) of a real estate mortgage (and all other applicable documents, as reasonably necessary) thereby submitting and granting the fee interest of the City in and to the Ground and the ownership interest of the City in and to a portion of the Facilities to a first lien, security interest and mortgage as security for the repayment of the construction loan and any permanent financing thereof incurred by the Company for the construction of the Facilities and any renewal or refinancing thereof. ARTICLE USE AND i. FACILITIES Section 8.1 Permitted Use. The Company shall have the right to the use, occupancy and control of the Property as a recreational facility, subject to the terms hereof The Company, with the approval of the Manager, which approval shall not be unreasonably withheld, shall be permitted to use the Property for any additional use which constitutes a proper recreational purpose and which is related to the operation of the Company's nonprofit activities. The Company will at all times during the term hereof provide for a daily user fee so as to enable non-members to utilize the recreational and aquatic facilities. Such daily user fee shall be in an amount that is competitive with other YMCA facilities in the Tulsa metropolitan area. Section 8.2 Limitations Upon Use and Location. The Company shall not commit waste with respect to the Property and shall not commit or permit any nuisance from or upon the Property. {370293.3; 13 Section 8.3 COMD11'ance with Other Governmental Regulations. The Company shall, at all times, faithfully obey and comply with all existing and future laws, rules and regulations adopted by federal, state, local or other governmental bodies and applicable to or affecting the Company and its operations and the Facilities, provided, however, that the Company may, without being considered to be in breach of this Lease, contest any such laws, rules and regulations so long as such contest is diligently commenced and prosecuted. Section 8.4 Utilities. The Company understands and agrees that all utility services required by it during the term of this Lease for the Property shall be obtained and secured by the Company at its own expense. Section 8.5 Company Property. The Company may from time to time, in its sole discretion and at its own expense, install machinery, equipment and other personal property on or upon the Ground. All such personal property so installed by the Company shall remain the sole property of the Company in which the City shall have no interest except as otherwise provided herein. Such property may be purchased by the Company on conditional sale, installment purchase or lease sale contract, or subject to vendor's lien or security agreement, as security for the unpaid portion of the purchase price thereof. The Company shall have the right at any time during the term of this Lease, when not in default hereunder, to remove any or all of the property installed by the Company pursuant to this Section 8.5, at its own expense, subject to the Company's obligation to repair, at its own expense, all damage, if any, resulting from such removal. Section 8.6 Disposition of Company Property at End of Lease Term. All property and Facilities installed by the Company pursuant to Section 8.5 hereof and all trade fixtures and personal property of the Company shall be removed by the Company at its own expense by the expiration or earlier termination of the term of this Lease; and the Property shall be surrendered as provided herein, unless the Company shall have notified the City at least 120 days prior to the date of the expiration or earlier termination of the term of this Lease of the Company's desire not to remove the property and Facilities installed by the Company in or upon the Ground pursuant to Section 8.5 hereof, or any portion thereof, and of its request therefore, which request shall describe such property with reasonable particularity, and unless the City, acting by and through its Manager, shall have notified the Company not less than 60 days in advance of such expiration or earlier termination of its willingness to accept title to such property. The Company shall have a period not exceeding 60 days after termination of the term of this Lease for the removal of the property installed by the Company, pursuant to Section 8.5 hereof. Section 8.7 Repairs, Maintenance and Replacement. The cost of maintenance, care and any necessary replacement of the Facilities shall be borne by the Company. The Company covenants and agrees at its expense, and without cost or expense to the City, during the term hereof, after the completion of the Facilities, that the Company shall keep the Facilities neat, clean and in good order and condition and will make all necessary and appropriate repairs and replacements thereof, provided that all replacement property shall be in as good operating condition as, and shall have a value and utility at least equal to, the property replaced. {3702933 } 14 Section 8.8 Right to Enter, Inspect and Make Repairs. The City and its authorized officers, employees, agents, contractors, subcontractors and other representatives shall have the right (at such times as may be reasonable under the circumstances and with reasonable notice to the Company and with as little interruption of the Company's operations as is reasonably practicable) to enter upon the Property for the following purposes: (a) to inspect such premises at reasonable intervals during regular business hours (or at any time in case of emergency) to determine whether the Company has complied and is complying with the terms and conditions of this Lease with respect to such Property; (b) to perform maintenance and make repairs and replacements in any case where the Company is obligated but has failed to do so, after the City has given the Company reasonable written notice so to do, in which event the Company shall reimburse the City for the reasonable cost thereof promptly upon demand; and (c) in the proper exercise of the City's police power; provided, however, that nothing contained in this Section 8.8 shall limit the power of the City and its authorized officers, employees and agents to enter upon the Property as provided by law in a capacity other than as lessor under this Lease. No such entry by or on behalf of the City upon the Property shall cause or constitute a termination of the Lease or be deemed to constitute an interference with the possession thereof by the Company. Section 8.9 Condition of Property, On the expiration or termination of this Lease, the Company shall surrender the Facilities (except to the extent of the Company's personal property and trade fixtures and equipment) to the City in good condition, exposure to the elements, casualty, acts of God, condemnation, and reasonable wear and tear excepted. The determination of "good condition" shall take into account the age of the Improvements and the components thereof at the time of surrender. Under no circumstances shall the Company be required to restore the Improvements to their- original condition, nor shall the Company have any obligation to leave or put the Improvements in a condition for immediate occupancy by another tenant. Section 8.10 Purchases by Company. Property, services and materials (except as otherwise provided in this Lease) may be purchased or otherwise obtained by the Company from any person or corporation of its choice and no unjust or unreasonable discriminatory limitations, restrictions, charges or conditions shall be imposed by the City, directly or indirectly, against the Company or its suppliers for the privilege of purchasing, selling, using storing, withdrawing, handling, consuming, loading, unloading or delivering any personal property of the Company, by the Company or its suppliers, or for the privilege of transporting such personal property to, from or on the Property. ARTICLE IX LOSS OF AND LIABILITIE �. Section 9.1 Property Insurance. Except to the extent the Facilities are insured during the construction, installation, and other acquisition of the Facilities by any contractors pursuant {370243:3 } 15 to Article V hereof, at all times during the term of this Lease, the Company agrees that, at its own cost and expense, it shall keep the Facilities, insured against loss or damage (in excess of $100,000.00 in any one occurrence) for the full replacement cost value by fire, lightning, tornado, windstorm, hail, flood, earthquake, explosion, riot, riot attending a strike, civil commotion, vandalism and malicious mischief, sprinkler leakage, aircraft, vehicles and smoke, or any other casualty, in amounts not less than 100% of the replacement value of such improvements. Section 9.2 Liability Insurance. At all times during the term of this Lease, the Company is required and agrees, at its own cost and expense, to provide and keep in force for the benefit of the Company and the City, a policy, or policies, of insurance written on a single limit each occurrence basis with limits of not less than Ten Million Dollars ($10,000,000) for bodily injury and property damage arising from any operation of the Company at the Property, including any operation in or related to the Aquatics Portion, and contractual liability coverage. Section 9.3 Workers Compensation Coverage. The Company shall maintain in force, during the term of this Lease, Workers Compensation coverage in accordance with the provisions of Oklahoma law. Section 9.4 Payment of Insurance Proceeds. All insurance policies obtained pursuant to Section 9.1 hereof shall provide for payment of the proceeds to the Company and the City to the extent of their insurable interest. Section 9.5 Continued Obligation to Pay Ground /Facility Rentals. No loss or damage, regardless of whether it is wholly or partially insured, shall in any way relieve the Company of its obligation to make payments as provided in Article VI hereof. Section 9.6 Limitations as to Policies. The insurance policy, or policies, and certificates of insurance evidencing the existence thereof required by this Article IX shall insure the Company's agreement to indemnify the City as set forth in the indemnification provisions hereof. The City shall be named as an additional insured of said insurance. Each such policy and certificate shall contain a special endorsement stating "This policy will not be materially changed or altered or canceled without first giving 30 days written notice by certified mail, return receipt requested, to the City Manager ,City of Owasso, 111 N. Main St., Owasso, OIL." Section 9.7 Failure of Company to Provide Insurance. If at any time the Company shall fail or neglect to insure the Property, as aforesaid, or to deliver such policies or certificates of insurance as aforesaid, the City may effect such insurance by obtaining policies issued by companies satisfactory to the City. The amount of the premium or premiums paid for such insurance by the City shall be payable by the Company to the City with the installment of rent thereafter next due under the terms of this Lease. The City shall not be limited in the proof of any damage which the City may claim against the Company arising out of or by reason of the Company's failure to provide and keep in force insurance as aforesaid, to the amount of the insurance premium or premiums not paid or incurred by the Company and which would have been payable upon such insurance, but the City shall also be entitle to recover as damages for such breach the uninsured amount of any loss, damages, cost and expenses of suit suffered or incurred by reason of damage to, or destruction of, or liability appertaining to, the Facilities occurring during any period when Company shall have failed or neglected to provide insurance is70293;31 16 as aforesaid. Section 9.8 No.tification of Loss and Compliance with Policies. The Company shall not violate the terms or prohibitions of any insurance policy herein required to be furnished by the Company, and the Company shall promptly notify the City of any claim or loss under such insurance policies. Section 9.9 Damage or Destruction and Restoration. In case of damage or loss of all or any portion of the Facilities, the Company will give prompt notice thereof to the City, and, except as otherwise hereinafter provided in Section 9. 10, the Company shall promptly commence and complete with due diligence (subject to delays beyond its control), the restoration of the Facilities or the damaged portion thereof as nearly as reasonably practicable to the value and condition thereof immediately prior to such damage or destruction (with alterations, at the Company's election, pursuant to Section 5.12 hereof) or, with the consent of the City, the replacement of the Facilities, in whole or in part, with other facilities. In the event of such damage or destruction, the Company shall be entitle to use or receive reimbursement from the proceeds of all property insurance policy or policies for the Facilities, including the Aquatics Portion, and shall be obligated to provide any additional moneys necessary for such restoration, except as otherwise provided in Section 9.10 hereof. Section 9.10 Company's Election Not to Restore Damaged d Pro 'rt . In the case of the P��gy damage or destruction of all or any part of the Facilities to such extent that, in the reasonable opinion of the Company, the repair or replacement thereof would not be economical, the Company, within 120 days thereafter, may elect not to restore or replace such part of the Facilities as provided in Section 9.9 hereof. Within 180 days after the Company elects not to restore or replace any part of the Facilities as provided in Section 9.9 and this Section 9.10 hereof, the Company may raze such part of the Facilities at the Company's expense as nearly as reasonably practicable to the value and condition thereof immediately prior to the commencement of the acquisition and construction of such part of the Facilities. Thereafter this Lease shall expire with respect to the Ground underneath such razed Facilities. Section 9.11 Excess Insurance Proceeds. In the event there remain any insurance proceeds in excess of the cost of the restoration of any part of the Facilities pursuant to Section 9.9 hereof, and/or to raze such part of the Facilities and restore the underlying land pursuant to Section 9.10 hereof, the Company shall retain and be entitled to retain such excess insurance proceeds, including any amounts attributable to the Aquatics Portion. ARTICLE X Section 10.1 Prompt Payment of Taxes and Fees. The Company agrees to pay all lawful general taxes, special assessments, excises, license fees, permit fees, and utility service charges of whatever nature, applicable to its operation at the Property, prior to the creation of a lien on the Property as a result of nonpayment, and to take out and keep current all licenses, municipal, state or federal, required for the conduct of its business at the Property. Section 10.2 Mechanic's and Materialmen's Liens. Subject to Section 10.4 hereof, the {370293;3; 17 Company agrees to remove promptly any mechanic's or materialman's or any other lien to be imposed upon the Property, by reason of any work or labor performed or materials furnished by any mechanic or materialman at the request of the Company (other than for work done or materials furnished under a contract to which the City is a party) with respect to the Property. Section 10.3 Prompt Payment of Other Obligations. The Company agrees to remove any lien, mortgage, judgment or execution to be filed against the Property or any part thereof resulting from an act or omission of the Company which will in any way impair the rights of the City under this Lease. Section 10.4 Right of Contest. The Company shall have the right to contest any such mechanic's, materialman's or any other lien or encumbrance; and the Company shall not, pending the termination of such contest, be obligated to pay, remove, or otherwise discharge such lien or claim, provided, however, that the contest, in the reasonable judgment of the Company, will not affect the possession, use or control of the Property. The Company agrees to indemnify and save harmless the City from any loss as a result of the Company's action as aforesaid. Section 10.5 Nonpayment During Contest. If the Company shall in good faith proceed to contest any general tax, special assessment, excise, license fee, permit fee, or other public charge, relating to the Property, or the validity thereof by proper legal proceedings which shall operate to prevent the collection thereof or to prevent the appointment of a receiver because of nonpayment of any such taxes, assessments, excises, fees, or other public charges, the Company shall not be required to pay, discharge, or remove any such tax, assessment excise, fee, or other public charge so long as such proceeding is pending and not disposed of; provided that the nonpayment, in the reasonable judgment of the Company, will not affect the possession, use or control of the Property. During the pendency of such proceeding, the City shall not, pending the termination of such legal proceedings, pay, remove, or discharge such tax, assessment, excise, fee, or other public charge. The Company agrees to indemnify and save harmless the City, from and loss as a result of the Company's action as aforesaid. Section 11. l Events of Default Defined. The occurrence of any one or more of the events described in the following subsections (a) through (b) of this Section 11.1 shall constitute a "default" for all purposes of this Lease; and each such default shall, after the giving of notice, if any, passage of time, if any, or occurrence of an event, if any, specified in the subsection describing such default, constitute an "event of default" for all purposes of this Lease: (a) Any material breach by the Company of any of its representations or warranties made in this Lease, any failure by the Company to make any payment required to be made by it hereunder or any failure by the Company to observe and perform any of its covenants, conditions or agreements made on its part to be observed or performed hereunder, for a period of 30 days after written notice specifying such breach, failure to pay or failure to observe and perform and requesting that it be remedied, given to the Company by the City, unless (i) the City shall agree in writing to an extension of such time prior to its expiration or (ii) if the breach, failure to pay or failure to observe and perform be such that it can be corrected but cannot be 1370293:3 1 18 corrected within the applicable period, corrective action is instituted by the Company within the applicable period and is being diligently pursued. (b) The dissolution or liquidation of the Company; or the filing, by the Company of a voluntary petition in bankruptcy; or the entry of an order for relief under Title 11 of the United States Code, as the same may from time to time be hereafter amended, against the Company; or the filing of a petition or answer proposing the entry of an order for relief against the Company under Title 11 of the United States Code, as the same may from time to time be hereafter amended, or proposing the reorganization, arrangement or debt readjustment of the Company under any present of future federal bankruptcy act or any similar federal or state law in any court and the failure of said petition or answer to be discharged or denied within 90 days after the filing thereof, or the appointment of a custodian (including without limitation a receiver, trustee or liquidator of the Company) of all or a substantial part of the property of the Company, and the failure of such a custodian to be discharged within 90 days after such appointment; or the taking by such a custodian of possession of the Company or a substantial part of its property, and the failure of such taking to be discharged within 90 days after such taking; or the Company's consent to or acquiescence in such appointment or taking; or assignment by the Company for the benefit of its creditors; or the entry by the Company into an Agreement of composition with its creditors. The term "dissolution or liquidation of the Company," as used in this subsection, shall not be construed to include the cessation of the corporate existence of the Company resulting from a merger or consolidation of the Company into or with another corporation or a dissolution or liquidation of the Company following a transfer of all or substantially all of its assets, under the conditions permitting such actions contained in Section 7.2 hereof. The foregoing provisions of Section 11.1(a) are subject to the following limitations: if by reason of events wholly beyond the Company's control the Company is unable in whole of in part to carry out its agreements on its part herein contained, other than the obligations on the part of the Company or to make payments required hereunder, the Company shall not be deemed in default during the continuance of such inability. The Company agrees, however, to remedy with all reasonable dispatch the cause or causes preventing the Company from carrying out its agreements; provided that the settlement of strikes, lockouts and other disturbances shall be entirely within the discretion of the Company and the Company shall not be required to make settlement of strikes, lockouts and other disturbances by acceding to the demands of the opposing party or parties when such course is in the sole judgment of the Company unfavorable to the Company. Section 11.2 Remedies on Default. Whenever any event of default referred to in Section 11.1 hereof shall have happened and be continuing, the City, shall have the right, at the City's election, then or at any time thereafter, to exercise any one or more of the following remedies: (a) The City may terminate this Lease, effective at such time as may be specified by written notice to the Company, and demand (and, if such demand is refused, recover) possession of the Ground from the Company. In the event of such demand, the City shall seek an appraisal of the Property (less any property or Facilities which the Company intends to remove pursuant to Section 8.6 hereof and about which the Company notices the City) from a qualified and independent third party appraiser and shall pay the Company the percentage ID {37029331 19 of the appraised value equal to the Company's percentage of ownership of the Property, as adjusted for improvements to the Property pursuant to Section 5.12, within thirty (30) days after the City's possession of the Property. In addition, the City shall, by notice in writing to the Company upon the occurrence and continuation of an event of default described in subsection (a) or (b) of Section 11.1 hereof, declare all Ground/Facility Rentals payable under this Lease to be due and payable immediately; (b) Without termination of the Lease, the City may reenter and take possession of the Ground or Facilities or any part thereof, without demand or notice, and repossess the same and expel the Company and any party claiming by, under or through the Company, and remove the effects of both using such force for such purposes as may be necessary, without being liable for prosecution on account thereof or being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of rent or right to bring any proceeding for breach of covenants or conditions. In the event of such reentry and possession, the City shall seek an appraisal of the Property (less any property of Facilities which the Company intends to remove pursuant to Section 8.6 hereof and about which the Company notices the City) from a qualified and independent third party appraiser and shall pay the Company the percentage of the appraised value equal to the Company's percentage of ownership of the Property, as adjusted for improvements to the Property pursuant to Section 5.12, within thirty (30) days after the City's possession of the Property. No such reentry or taping possession of the by the City shall be construed as an election by the City to terminate this Lease unless a written notice of such intention is given to the Company. No notice from the City hereunder or under a forcible entry and detainer statute or similar law shall constitute an election by the City to terminate this Lease unless such notice specifically so states. The City reserves the right, following any reentry or reletting, to exercise its right to terminate this Lease by giving the Company such written notice, in which event this Lease will terminate as specified in said notice; and (c) Without reentry or possession of the Property, the City may take whatever action at law or in equity may appear necessary or desirable to collect the payments and other amounts then due and thereafter to become due hereunder or to enforce performance and observance of any obligation, agreement or covenant of the Company under this Lease. Section 11.3 Company Remedies. In the event of any default of this Lease by the City which shall not have been cured within sixty (60) days after the City shall have received notice of such default (provided, however, if such default cannot be cured within such sixty (60) day period, then such sixty (60) day period shall be extended for a period reasonably sufficient to allow the City to cure such default, if within such initial sixty (60) day period the City shall have commenced to cure such default and shall thereafter continue its efforts with due diligence), then, at the Company's option and without limiting the Company in the exercise of any other rights or remedies which the Company may have at law or in equity by reason of such default, the Company, with or without notice or demand may seek monetary damages or pursue any other remedy available at law or in equity resulting from such default by the City and if the Company obtains a final and non - appealable judgment against the City awarding the Company monetary damages and the City fails to pay such judgment in full within ten (10) days after such judgment is issued, the Company may deduct the amount thereof from the next accruing installments of rent or any other amount due hereunder. {3702933 ; 20 Section 11.4 Agreement to Pay Fees and Expenses to Counsel. In the event the either party should default under any of the provisions of this Lease and the other party should employ Counsel or incur other expenses for the collection of the amounts due hereunder or the enforcement or performance or observance of any obligation or agreement herein contained, each party agrees that it will on demand therefore pay to the prevailing party, or, if so directed by the prevailing party, to the Counsel for the prevailing party, the reasonable fees of such Counsel and such other expenses so incurred by or on behalf of the prevailing party. Section 11.5 No Additional ers. In the event any agreement contained in this Lease should, be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. No waiver shall be effective unless it is in writing and signed by the party making the waiver. J I Section 12.1 No Personal Liability. No Councilmember, manager, officer, employee or other agent of either party shall be personally liable under or in connection with this Lease. Section 12.2 Release of Liabilit . The City shall not be liable for, and is hereby released from, all liability to the Company, to the Company's insurance carrier, or to anyone claiming under or through the Company for any loss or damage whatsoever to the Property or effects of the Company resulting from the discharge of water or other substances from pipes, sprinklers, or conduits, containers or appurtenances thereof or fixtures thereto, or for any damage resulting from the discharge or failure of electric current, regardless of cause or origin, unless such damage is caused by the sole negligence of the City. The provisions of this paragraph shall not be construed as a limitation of the City's rights under this Lease, but are additional to the rights and exclusions from liability provided in this Lease. In any event, any City obligation hereunder shall be subject to the limitations and exclusions that typically apply to any liability insurance policy carried by the City, shall be expressly subject to the restrictions, provisions and damage limitations contained in the Oklahoma Governmental Tort Claims Act, Section 151, et seq.,Title 51, Oklahoma Statutes now existing or as such statute may be subsequently amended or any statute superseding the Act. Nothing contained herein shall be construed to constitute a waiver by the City of the protection, defenses, and immunities, afforded it under Section 151 et seq.,Title 51, Oklahoma Statutes now existing or as subsequently amended or any statute superseding the Act or any other law providing such protection, defense, or immunity. Nothing in this Lease shall be construed or interpreted to require or provide for indemnification of the Company by the City for any injury to any person or any property damage whatsoever. I Section 12.3 Third Parties. This Lease does not, and shall not be deemed or construed to, confer upon or grant to any third party or parties (excepting any successor to the Company or any parties to whom the Company may sublet or subcontract this Lease in accordance with Section 7.7 and Section 7.2 hereof), any right to claim damages or to bring any suit, action or other proceeding against either the City of the Company due to any breach hereof or due to any I of the terms, covenants and conditions herein contained. f370293-.3 1 21 Section 12.4 No Limitation on Previous Agreements. It is expressly understood that except as provided herein the terms and provisions of this Lease shall in no way affect or impair the terms, obligations or conflict with other agreement conditions of any existing or prior agreement between the Company and the City. Section 12.5 Binding Effect. This Lease shall inure to the benefit of and shall be binding upon the City, the Company and their respective successors and assigns. Section 12.6 Execution of CQunlffparts. This Lease may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 12.7 Amendments- Changes and Modifications. This Lease may be amended in writing at any time upon the mutual agreement of the City and the Company. Section 12.8 Severabilitv. In the event any provision of this Lease shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 12.9 Notices. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given to the parties required hereunder to receive such notice, certificate or communication when mailed by registered mail, postage prepaid, addressed as follows: If to the City: City of Owasso Attn: Rodney Ray, City Manager 1 1 1 N. Main Owasso, OK 74055 Copy to: Ronald D. Cates, City Attorney 1 1 1 N. Main Owasso, OK 74055 If to the Company: YMCA of Greater Tulsa 2405 East Skelly Drive Tulsa, Oklahoma 74170-1620 Attention: President and CEO Copy to: The City and the Company may, by notice given hereunder, designate any further or different addresses to which subsequent notices, certificates or other communications shall be {370293-13} 22 sent. Section 12. 10 Further Assurances. The Company and the City both agree that they shall, from time to time, execute and deliver such further° instruments and take such further actions as may be reasonably required to carry out the purposes of this Lease. Section 12.11 Ap plicable L aw, This Lease shall be governed exclusively by and construed in accordance with the laws of the State of Oklahoma. Section 12.12 Ind DendenkContractor. In the performance of the Company's obligations under this Lease, it is understood, acknowledged and agreed between the parties that the Company is at all times acting and performing as an Independent Contractor, and the City shall neither have nor exercise any control or direction over the manner and means by which the Company performs the Company's obligations under this Lease, except as otherwise stated within this Lease. The Company understands and agrees that the Company and the Company's employees, agents, servants, or other personnel are not City employees. The Company shall be solely responsible for payment of salaries, wages, payroll taxes, unemployment benefits or any other form of compensation or benefit to the Company or any of the Company's employees, agents, servants or other personnel performing services or work under this Lease, whether- it be of a direct or indirect nature. Further in that regard, it is expressly understood and agreed that for such purposes neither the Company nor the Company's employees, agents, servants or other personnel shall be entitled to any City payroll, insurance, unemployment, worker's compensation, retirement or any other benefits whatsoever. Section 12.13 Nondiscrimination. The Company, as part of the consideration hereof and as a covenant running with this Lease, hereby covenants and agrees that: (a) No person on the grounds or race, creed, color, national origin, sex, age, or physical handicap shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the sue of said Facilities. (b) No person on the grounds of race, creed, color, national origin, sex, age, or physical handicap shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the construction of any improvements on, over, or under the Facilities and the furnishing of services thereon. (c) The Company agrees that it shall insert the provisions of this subsection 12.13(c), inclusive, in any lease or other agreement by which it grants a right or privilege to any person, firm, or corporation to render accommodations and /or services to the public on the Facilities. (d) The Company shall furnish its accommodations and /or services on a fair, equal, and not unjustly discriminatory basis to all users thereof, and it shall charge fair, reasonable, and not unjustly discriminatory prices for each unit or service. The Company may be allowed to make reasonable and nondiscriminatory discounts, rebates or other similar types of price reductions. Noncompliance with this Section 12.14(4) shall constitute a material breach hereof. In the event of such noncompliance, the City shall have the right to judicially enforce such provision. t3702913) 23 Section 12.14 Energy Conservation. Intentionally Left Blank Section 12.15 Partnership or Joint Venturer Disclaimer. It is mutually understood that nothing in this Lease is intended or shall be construed as in any way creating or establishing the relationship of partners or joint venturers between the parties hereto, or as constituting the Company as an agent or representative of the City for any purpose or in any matter whatsoever. 4�1 Section 12.16 Appropriation of Funds. In accordance with the laws of the State of Oklahoma, performance of the City's obligations under this Agreement is expressly subject to appropriation of funds by the City Council. Further, in the event that funds are not appropriated in whole or in part sufficient for performance of the City's obligations under this Agreement, or appropriated funds may not be expended due to constitutional, statutory and charter spending limitations, then the City may terminate this Agreement without compensation to the Company. Section 12.17 Estoppel Certificates. The City and the Company agree that within fifteen (15) days after receipt of a written request from either to the other, the party receiving the request will execute and deliver to the requesting party, or to any prospective purchaser, mortgagee or assignee of the interest of the requesting party designated by the requesting party, a certificate certifying (a) that this Lease is unmodified and in full force and effect, or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect, (b) the date to which the rent and other charges hereunder are paid in advance, if any (c) that to the certifying party's knowledge, as of the date of the certificate, there are no uncured defaults hereunder on the part of the requesting party, or specifying such defaults, if any as are claimed by the certifying party, (d) the then-scheduled expiration date of the Term and the number and duration of any unexercised, unexpired options to extend the Term, and (0) certifying or acknowledging any other facts or matters reasonably requested by the requesting party. Further, the City shall agree to provide to any potential mortgagee prior written notice of any default hereunder and allow such mortgagee the opportunity to cure such default within a reasonable time. The certificate may be relied upon by the requesting party or any prospective purchaser, mortgagee or assignee of the requesting party to whom it is delivered. IN WITNESS WHEREOF, the City and the Company have caused this Lease to be executed in their respective corporate names and attested by their duly authorized officers, all as of the date first above written. I Mwell M$ • M_ Susan Kimball, Mayor LIXUDEM Attest: Sherry Bishop, City Clerk J3702933) 24 Approved as to Form: Donald D. Cates, City Attorney `MCA OF GREA I "Eli TULSA By: Title: am Attest: Title: {370293:3; 25 STATE OF OKLAHOMA ) ss.. COUNTY OF TULSA The foregoing instrument was acknowledged before me this day of I by Susan Kimball as Mayor of THE CITY OF OWASSO, OKLAHOMA. WITNESS my hand and official seal. My Commission expires: STATE OF OKLAHOMA ss: Notary Public for the State of Oklahoma 2004, The foregoing instrument was acknowledged before me this _ day of 2004, by as of YMCA OF GREATER TULSA, an Oklahoma nonprofit corporation. WITNESS my hand and official seal. Notary Public for the State of Oklahoma [SEAL] My Commission expires: '370293-31 j 26 _l LEGAL DESCRIPTION OF GROUND f370293;31 27 f {370293:3) 28 '370293-,31 k 29 F, "111 -If w PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF FACILITIES '370293;3 -10 {370293:3; 1 C ' t370293-131 32 {370293;3} EXHIBIT A RECREATION A'' ASSOCIATION OF GREATER TULSA, hereinafter called "LESSEE " N E S S E T H: That LESSOR does hereby let and lease unto LESSEE the premises situated Owasso, and 2006, To have and to hold unto LESSEE for the term of ten (10) years, commencing on the 1st day of July, 1996, and ending on thM 30th day of June, upon the covenants and agreements herein 1. The LESSEE hereby • , .. and agrees pay to the LESSOR as rent for said Kr during ; # term, j of One : ' ' ' v dr ,;.; d Dollars :ems nd no/100's KI by LESSOR arising out of LESSEE's recreational facility capital improvements. If, upon the expiration of the term hereof, and for a period 2. Not withstanding any other provision hereof to thM contrary, either party hereto may terminate this Lease Agreement at any time upon one hundred twenty (120) day written notice to the Cf LESSEE so terminates, it shall f orf eit all its right, titlE and interest to said capital improvements to LESSOR. If LESSOR so terminates, the parties hereto shall seek tM KI 3. LESSOR shall not allow said premises to be used in any manner which shall unreasonable interfere with LESSEE® occupancy and/or programs, nor which shall, in any way® cause any damage to the facility or to LESSEE'S equipment located thereon. 4. LESSEE has examined and knows the condition of said 5. LESSEE will use and occupy said premises and 11 6. LESSEE will pay all utility expenses, together with all 7. LESSEE shall have the following duties with reference to said premises: V-) to keep said premises clean, as stated herein; b) to dispose from the leased premises all rubbish, garbage and other waste, in a clean and sanitary manner; C) to properly use, operate, maintain and replace, if reasonably necessary, the facilities hereby demised ■ including, but not ted to, all exterior and interior portions of the recreation facilities, all electrical, gas, plumbing, heating and cooling equipment therein as well as that portion of the parking lot which is part of the demised premises; d) to maintain the grounds of the leased premises in a clean® safe and sanitary condition, including all mowing of the grass and maintenance of the demised athletic fields thereof; e) to assume and be solely responsible for the planning, development, safety, supervision, and other program aspects of their recreational programs. B. LESSEE will deliver up and surrender to the LESSOR 9. LESSOR may have free access to the premises at all reasonable times for the purpose of examining the same 10. LESSEE shall provide LESSOR with a written notice of its R program to take place on said premises, it shall first request the LESSEE to offer and conduct said program® It is the intent of LESSEE to offer and conduct said programs, however, LESSEE has final right to determine whether a program will be offer ed and conducted by LESSEE and LESSEEIS decision on these matters is final. 11® LESSOR shall not be liable for any damage occasioned by 0 m 9 itself f rom any claims made during the term of the Lease, including process of reopening or renegotiating shall not obligate either party to accept the proposal of the other party or to vary the terms of this agreement® mr*�Mly 11 NUT-Ty, MW IMIT on the day and year it above written. ATTEST: zld D. Cates, City Attorney ATTEST: SECRETARY 0:.V1fnUF\LRASE.YMC In AW BY: CHAIRMAN ---------- Mr, WL�1' SUBJECTa CHANGE ORDER NUMBER 2 EAST 86"' STREET NORTH IMPROVEMENTS (N. 129TH E. AVENUE TO Na 145TH E. AVENUE) DATE: June 119 2004 The 1998 bond issue included E. 86th Street North Improvements (from N. 1291h E. Avenue to N. 145th East Avenue) which involves widening of the street to five lanes, construction of new sidewalk, curb and gutter, and signalization at the 8th Grade Center. On August 5, 2003, City Council awarded the construction contract to Becco Construction, Inc., Tulsa, Oklahoma in the total amount of $2,472,065.20. It is the intention of the City of Owasso to ensure completeness of the contract plans and specifications; however, this contract includes construction which may result in unforeseeable circumstances and field changes. As a result, a process using Work Change Directives has been developed for use in situations involving changes in work which, if not processed expeditiously, might delay the project. Council adopted Resolution 2003-12 on August 19, 2003 delegating the City Manager the authority to make Work Change Directives in accordance with the following criteria: Work Change Directives for an amount not to exceed $10,000 per occurrence and a maximum cumulative total of $30,000 per Change Order. It was also stated at that time that once the work was completed or a final cost and time determined, the Contractor will submit documentation for inclusion in a Change Order. The Change Orders will be submitted to Council for final review and consideration. Change Order No. 2 E. 86"' Street North Improvements Page 2 of 4 On February 17, 2004, City Council approved Change Order No. 1 in conformance with the established procedure. The change was necessary for the performance of Work Directives No. I through No. 5, for an additional $32,131.88 (representing 1.3 percent of the original contract amount). Quantity adjustments represented $16,270.00 of the total approved sum. The total contract amount was thereby increased from the original $29472,065.20 to $2,504,197,08. Nine (9) additional days were granted for the completion of the approved work elements. On March 10, 2004, Work Change Directive No. 6 in the amount of $3,445.37 was authorized in conformance with the established procedure for the replacement of standard traffic signal head lenses to LED (see Attachment A). This type of lens will provide a longer life span and consume less electricity, resulting in long-term savings for the City. In the future, LED lenses will be specified in all signalization projects during design. Of the twenty-two (22) items identified, five (5) items represent over 70% of the additional incurred costs. The remaining items are for differences in estimated quantities determined during design as compared to actual construction. The five (5) largest cost items are listed as follows and explained in detail below: Item Description No. Unit unit Quantity Total Price AdjlLs �ment 15 411(A) Asphalt, Type A (PG-64-22) TON $36.00 602 $21,678.84 I Detours ............... .................... .................. ..........(....... I - .. . .......... .....) ... .. . .. ............................................................ - ................. ............ ................................... ................... ..................................................... ............... ................ .............. ........... ....................... 16 414(A) P.C. Concrete Paving (9 1/2" SY $29.00 529 $159341.00 Thick-Dowel Jointed) 21 509(B) Class A Concrete CY $500.00 26 51 613(B) 18" RCP Class III LF $903.00 220 .. I ......... .................... ........ . ........... .... .... .... ............................. ....... ... ....... I .......... ... ......... ............ 11 .............. _ ........... 86 616(A) Ductile Iron Pipe (Lined) - 12" LF $70.00 493 Water $12,750.00 $7,260.00 $34,510.00 TOTAL $91,539.84 Change Order No. 2 E. 86th Street North Improvements Page 3 of 4 Item No. 15 — Asphalt for detours,: Additional asphalt was required to widen and properly maintain the 81h Grade Center intersection. Widening was provided not only to facilitate bus traffic but also to protect motorists and /or pedestrians from a potentially unsafe condition. As designed, it was possible for pedestrians to be carried into the culvert during a flood event. A similar condition in Tulsa had resulted in the death of a stranded motorist. The contractor suggested this change to minimize the possibility of this situation occurring on the project Item No. 16 m- Concrete paving and Item No. 51 - 18" RCP piping: Bid did not include the work shown under some sheets of the contract plans. Thus, concrete paving quantities were under estimated by over five hundred (500) cubic yards. Similarly, over two hundred (200) linear feet of 18" RCP were not included in the bid schedule. All materials were necessary to complete the work as intended. Item No. 21 — Class A concrete: Plan quantities were not revised to include concrete work added by an addendum to the contract prior to bids. Work was added to provide an enclosed connection to The Village of Silver Creek pond outlet structure. Item No. 86 --- Ductile Iron Pipe: A portion of an existing waterline was incorrectly located in the plans. Potholing during design did not reveal an existing shift in the waterline location. Five hundred (500) feet of pipe were required to be relocated. (One hundred (100) feet of piping have been already approved in Change Order No. 1.) R� l{ Because the cumulative quantity adjustment sum exceeds $30,000, a Change Order is being submitted for Council approval at this time. Change Order No. 2 in the amount of $ 113,007.90' will be proposed for authorization. Change Orders No. 1 and No. 2 combined amount to 5.9% of the original contract. Upon approval, the contract amount will increase to a total of $2,617,204.98 (a total increase of $ 129,277.90 since the original bid was awarded). No additional days have been requested to complete these work elements. Construction is currently ahead of schedule at 98% complete. The contractor plans to open E. 86th Street North in June 2003 and apply for substantial completion. No additional quantity adjustments, except for the anticipated construction of additional sidewalk, are expected at this time. Sidewalks were not included in the intersection improvements at E. 86th Street North and N. 145th East Avenue because of the potential for removal during construction of this project. These sidewalks will be constructed prior to the completion of E. 86th Street North, at a cost of approximately $15,000. Equates to $129,277.90 (to -date quantity adjustment calculated in Attachment Q minus the approved quantity adjustment of $16,270.00 included in Change Order No.1 Change Order No. 2 E. 86th Street North Improvements Page 4 of s it Funds for the Change Order are available in the Capital Improvements Fund. Staff recommends Council approval of Change Order Number 2 to the contract for E. 86th Street North Improvements (N. 129th E, Avenue to N. 145th E. Avenue) with Becco Contractors, Inc. in the amount of $ 113,007.90 and a revised contract total amount of $2,617,204.98. A. Work Directive Change No. 6 B. Pay Request No. 8 (quantities) C. Quantity Adjustment Log D. Change Order No. 2 Justification or Goal: To have all of the traffic signal head lenses LED. Materials Labor Equipment Bond /.5° ) Profit /5°) TOTAL I AUTHORIZED BY: lwl/� Previous WDC $32,131.88 — Total $35,577.25 Noto: AtLich Gddifionnl Nickup tiheets aS 10(jUil-Od ESTIMATED $2,957.40 Mat lwl/� Previous WDC $32,131.88 — Total $35,577.25 Noto: AtLich Gddifionnl Nickup tiheets aS 10(jUil-Od Iecco Contractors, n 09 f'.O. Hox 9159 101sa, OK. 74157-0159 November 20, 2003 The City of Owasso Attn: Ana Stagg, P.E. P.O. Box 180 Owasso, OK 74055 RE: 86th Street North Improvements 129 " to 145th elephone 918 - 445 -2684 Fax 918- 445 -4936 The cost for changing all of the traffic signal head lenses to LEIS as per the City of Owasso Engineering Department is $2957.4Q,, ITEM 1 WAY 3 SEC Sm6 1 WA`( 3 SEC S ®9 If you have any questions feel free to call. Sincerely, ZD jne Jantz Cc: file UNIT Add'I UNIT COST EXT COST 4 $443.67 $1774.68 3 $394.24 $ 1182.72 E 86TH STREET NORTH iMPROVEMENTS (N 129TH EAST AVENUE TO N 145TH EAST AVENUE) PAY REQUEST NO. 8 No. City of Owasso Unit I Sch.,y Quant! Unit I Cost Public Works Department Spent QuantftT 301 West 2nd Avenue FY. =Spent P.O. Box 180 Add. Cost Owasso, OK 74055 E 86TH STREET NORTH iMPROVEMENTS (N 129TH EAST AVENUE TO N 145TH EAST AVENUE) PAY REQUEST NO. 8 No. Description I Unit I Sch.,y Quant! Unit I Cost Contract Cost Spent QuantftT Spent Cost FY. =Spent Adjustment I Add. Cost 1 201 Right-of-Way Clearing and Restoring LS 1 $20,000.00 $20,000.00 1.00 $20,000.001 100%1 - F-$0-00 2 202(A) Unclassified Excavation CY 10,650 $8.00 $85,200.00 10,929.00 $87,432.001 103% 279 $2,232.00 3 202(B) Muck Excavation CY 300 $8.00 $2,400.00 1,051 $8,408.001 350% 751 $6,008.00 4 202(C) Unclassified Borrow CY 2,300 $3.00 $6,900.00 3,051 $9,153.00 133%1 751 $2,253.00 5 205 Ty e A-Salvaged Topsoil CY 4,400 $6.00 $26,400.00 4,400 $26,400.00 100%1 - $0.00 6 222(A), 223 Temporary Erosion and Sediment Control LS 1 $4,000.00 $4,000.00 1 $4,000.00 100% - $0.00 7 230(A) Solid Slab Sodding SY 5,200 $1.50 $7,800.00 - $0.00 0% - $0.00 8 232(C) Seeding - Method "C" Acre 1.4 $3,000.00 $4,200.00 $0.00 0% - $0.00 9 233(A) Vegetative Mulch Acre 1 $3,000.00 $4,200.00 - $0.00 0% - $0.00 10 303 Aggregate Base (Type A) CY 7,903 $19.00 $150,157.00 7,903 $150,157.00 100% - $0.00 11 307(A) Lime TON 890 $40.00 $35,600.00 884 $35,360.00 99% - $0.00 12 307(B) Lime Treated Sub grade (8") SY 35,384 $1.00 $35,384.00 35,905 $35,905.00 101% 521 $521.00 13 325 Separator Fabric for Bases SY 42,530 $0.80 $34,024.00 43,051 $34,440.80 101% 521 $416.80 14 403(E) Traffic Bound Surface Course Type E TON 2,675 $12.00 $32,100.00 2,675 $32,100.00 100% - $0.00 15 411(A) ACC., Type A PG -64 -22 (Detours TON 377 $36.00 $13,572.00 979 $35,250.84 260% 602 $21,678.84 16 414(A) P.C. Concrete Paving (9 1/2" Thick-Dowel Jointed) SY 33,372 $29.00 $967,788.00 33,901 $983,129.00 102% 529 $15,341.00 17 414(8 ) P.C. Concrete Paving (6"-H.E.S.-for Drives) SY 2,590 $28.00 $72,520.00 2,616 $73,248.00 101%1 26 $728.00 18 508 4'x3'RCB LF 72 $190.00 $13,680.00 72 $13,680.00 100% - KOO 19 508 Dual 4'x2'RCB LF 126 $325.001 $40,950.00 126 $40,950.00 100% $0.00 20 508 7 Barrel 4'x2'RCB LF 89 $1,100.00 $97,900.00 89 $97,900.00 100% - $0.00 21 509(B) Class A Concrete CY 34 $500.00 $17,000.00 60 $29,750.00 175% 26 $12,750.00 22 511 (A) Reinforcing Steel LB 2,606 $0.60 $1,563.60 6,306 $3:783.60 242% 3,700 $2,220.00 23 601(A) Plain Riprap (Type 1) TON 61 $37.00 $2,257.00 61 $2,257.00 100% - $0.00 24 601(E) Filter Fabric (Riprap) SY 90 $1.00 $90.00 90 $90.00 100% - $0.00 25 609(A) 6" Integral Barrier Curb, New Construction LF 9,474 $3.50 $33,159.00 9,475 $33,162.50 100% 1 $3.50 26 610(A) 4" Concrete Sidewalk, New Construction SY 3,810 $24.00 $91,440.00 3,640 $87,360.00 96% - $0.00 27 611(A) Manhole 4' Diameter EA 2 $1,500.00 $3,000.00 2 $3,000.00 100% - $0.00 28 611(A) Manhole 5' Diameter EA 1 $1,900.00 $1,900.00 1 $1,900.00 100% - $0.00 29 611(A) Manhole 6' Diameter EA 1 $2,400.00 $2,400.00 1 $2,400.00 100% - $0.00 30 611(D) Manhole Frame and Cover EA 21 $275.00 $5,775.00 24 $6,600.00 114% 3 $825.00 31 611E Inlet CICI DES. No. 2(A) w/access MH EA 1 $4,200.00 $4,200.00 1 $4,200.00 100% - $0.00 32 611E Inlet CICI DES. No. 2(2A) EA 1 $2,900.001 $2,900.00 1 $2,900.00 100% - $0.00 33 611E Inlet CICI DES. No. 2(2A) w/access MH EA 2 $4,600.00 $9,200.00 2 $9,200.00 100% - $0.00 34 611(E Inlet CICI DES. NO. 2(B) EA 1 $2,800.00 $2,800.00 1 $2,800.001 100% - $0.00 35 611E Inlet CICI DES. NO, 2(B) w/access MH EA 1 $4,600.00 $4,600.00 1 $4,600.00 100%j - $0.00 36 611E Inlet CICI DES. No. 2(2B) EA 1 $3,500.00 $3,500.00 1 $3,500.00 100% - $0.00 37 611E Inlet CICI DES. NO. 2(C) w/access MH EA 1 $5,000.00 $5,000.00 1 $5,000.00 100% - $0,00 38 611E Inlet CICI DES. NO. 2(D) EA 1 $3,600.00 $3,600.00 1 $3,600.00 100% - KOO 39 611 (E) Inlet CICI DES. NO. 3(B) EA 4 $3,600.00. $14,400.00 5 $18,000.00 125% 1 $3,600.00 40 611E Inlet CICI DES. NO. 3(B) w/access MH EA 7 $5,300.00 $37,100.00 8 $42,400.00 114% 1 $5,300.00 41 611E Inlet CICI DES. NO. 3(C) EA 1 $4,000.00 $4,000.00 1 $4,000,001 100% - $0.00 42 611E Inlet CICI DES. NO. 3(C) w/access MH EA 2 $5,600.00 $11,200.00 2 1 $11,200.001 100%1 - $0.00 43 611E Inlet CICI DES. NO. 3(D) EA 1 $4,300.00 $4,300.00 1 1 $0.00 44 611E Inlet CICI DES. NO.- (B) EA 3 $4,300.00 $12,900.00 3 1 $12,900.001 100%j $0.00 Page 1 of 2 No. Description Unit ben. Unit Contract spent Spent Cost % Spent Adjustment Add. Cost 48 _ 612(G) Water Valves Adjust to Grade EA 12 $150.00 $1,800.00 12 $1,800.00 100% so.ob 58 613(P) Perforated Pipe Underdrain - 4" PVC Sch 40 LF 9,400 $4.00 $37600.00 9,400 $37,600.00 100% - $0.00 70 _ 619(B) Removal of Existing Asphalt Pavement SY 14,999 $1.00 $14,999.00 14,999 $14,999.00 100% - $0.00 71 619(B) Removal of Existing Concrete Pavement SY 900 $5.00 $4,500.00 900 $4,500.00 100% - $0.00 72 619(B) Removal of Concrete Sidewalk SY 255 $5.00 $1,275.00 255 $1,275.00 100% - $0.00 73 619(B) Removal of Concrete Curb LF 616 $1.00 $616.00 616 $616.00 100% - $0.00 75 625(B) Remove and Reconstruct 4' Chain Link Fence LF 1,300 $8.00 $10,400.00 1,000 $8,000.00 77% - $0.00 76 641 Mobilization LS 1 $20,000.00 $20,000.00 $18,000.00 90% - $0.00 77 642 Contractor Construction Staking LS 1 $24,000.00 $24,000.00 1 $24,000.00 100% - $0.00 86 616(A) Ductile Iron Pipe (Lined) - 12" Water LF 100 $70.00 $7,000.00 593 $41,510.00 593% 493 $34,510.00 92 _ 880(J) Construction Traffic Control LS 1 $28,000.00 $28,000.00 1 $25,200.00 90%1 - $0.00 93 Brentwood LS Removal LS 1 $115,000.00 $115,000.00 i $115,000.00 100%j - $0.00 Page covu E 86TH STREET NORTH IMPROVEMENTS (N 129TH EAST AVENUE TO N 145TH EAST AVENUE) QUANTITY ADJUSTMENT LOG 6/9/2004 No. City of Owasso Unit Public Works Department Unit ]----Z�o—nlract Cost 301 West 2nd Avenue Spent 1 Quantity P.O. Box 180 Adjustment 1 Owasso, OK 74055 E 86TH STREET NORTH IMPROVEMENTS (N 129TH EAST AVENUE TO N 145TH EAST AVENUE) QUANTITY ADJUSTMENT LOG 6/9/2004 No. Description Unit Sch. Quantity Unit ]----Z�o—nlract Cost Cost Cost Spent 1 Quantity Spent Cost % Spent Adjustment 1 Add. Cost 2 202(A) Unclassified Excavation CY 10,650 $8.00 $85,200.00 10,929.00 $87,432.00 103% 279 $2,232.00 3 202(8) Muck Excavation CY 300 $2,400.00 1,051 $8,408.00 350% 751 $6,008.00 4 202(C) Unclassified Borrow CY 2,300 .$8.00 $3.00 $6,900.00 3,051 $9,153.00 133% 751 $2,253.00 12 307(B) Lime Treated Sub grade (8") SY 35,384 $1.00 $35,384.00 35,905 $35,905.00 101% 521 $521.00 13 325 Separator Fabric for Bases SY 42,530 $0.80 $34,024.00 43,051 $34,440.80 101% 521 $416.80 15 411 (A) ACC., Type A PG -64 -22 Detours TON, 377 $36.00 $13,572.00 979 $35,250.84 260% 602 , $21,678.84– 16 414(A) P.C. Concrete Paving (9 1/2" Thick-Dowel Jointed) SY 33,372 $29.00 $967,788.00 33,901 $983,129.00 102% 529 $15,341.00 17 414(B) P.C. Concrete Paving-ff'-H.E.S.-for Drives) SY 2,590 $28.00 $72,520.00 2,616 $73,248.00 101% 26 $728.00 21 509j8 Class A Concrete C7 34 $500.00 $17,000.00 1 60 $29,750.00 175% 26 $12,750.00 22 511(A) Reinforcing Steel LB 2,606 $0.60 $1,563.60 6,306 $3,783.60 242% 3,700 $2,220.00 25 609(A) 6" Integral Barrier Curb, New Construction LF 9,474 $3.501 $33,159.00 9,475 $33,162.50 100% 1 $3.50 30 611 (D) Manhole Frame and Cover EA 21 $275.00 $5,775.00 24 $6,600.00 114% 3 $825.00 39 611E Inlet CICI DES. NO. 3(B) EA 4 $3,600.00 $14,400.00 5 $18,000.00 125% 1 $3,600.00 40 611(E Inlet CICI DES. NO. 3(B) w/access MH EA 7 $5,300.00 $37,100.00 8 $42,400.00 114% 1 $5,300.00 47 611E Inlet SDI DES. 2 EA 1 $1,700.00 $1,700.00 2 $3,400.00 200% 1 $1,700.00 50 613(B) 15" RCP Class III LF 1,171 $30.00 $35,130.00 1,239 $37,170.00 106% 68 $2,040.00 51 P Class III LF 903 $33.00 $29,799.00 1,123 $37,059.00 124% 220 $7,260.00 56 613(D) 36" CGSP LF 70 $42.00 $2,940.00 110 $4,620.00 157% 40 $1,680.00 86 616(A) Ductile Iron Pipe (Lined) - 12" Water LF 100 $70.00 $7,000.00 593 $41,510.00 593% 493 $34,510.00 87 616(D) Fittings for Water Pipe - 12" EA 4 $500.00 $2,000.00 12 $6,000.00 300% 8 $4,000.00 88 703(A) Aggregate Bedding -T e A CY 27 $28.00 $756.00 83 $2,324.0 307% 56 $1,568.00 90 411(A) ACCT e "A" (PG-64-22 OK TON 94 $36.001 $3,387.60 126 $4,527.36 134% 32 $1,139.76 91 411(B) ACC Type "B" (PG-64-22 OK) TON 31 $45.00 $1,413.00 65 $2,916.00 206%1 33 $1,503.00 TOTAL I $1,410,911.20 1 1 0 M z --q 5W Page 1 of 1 SECTION 00600 CHANGE ORDER PROJECT: 86th Street Noah from 12 th East Ave. CHANGE ORDER NUMBER: 2 to 145th East Ave- CONTRACT DATE: August 0, 2003 DATE: February 9, 2004 TO CONTRACTOR,,.Becco Contractors, Inc- CONTRACT FOR: The Contract is changed as lbflGws: Quantffy adjustments for overrun,,;, Not valid until signed by the Owner and Contractor The original contract sum was $ 2,472,065.20 Net change by previously authorized Change Order-, $ 32'131x88 The Cotitr= Sum prior to this Change Order was $ 2,504,197.08 Tile Controct Sung will be (incregsed)(t;ieoToasod)(unchangod) by this Change Order in the vmount of $ 11 13'007J�D The new Contract Surn friefuding IN's Change Order wfa be 2,617,204,98 The f-ontract -Firne will be try (�—) The date of Su ntiql Campleticin a6 of ilia olme of thL- Change Q-Tder i5 --�- u NOTE This summary does nut refleM rah anq , os In the Contract Sum Time which have been authorized by Construction Change Olre�tivo. Becco Contractors, Mo. P.0, Box 9159 The City of Owasso OWNER 111 North Main ADDRESS Owasso, OK °74055 IR '.'.'. f ff 17 a �� ''lil SUBJECT, REVISED AGREEMENT FOR ENGINEERING DESIGN SER PHASE 1 WATER SYSTEM IMPROVEMENTS DATE- June 11, 2004 During the preliminary design phase (Fall 2002 — Spring 2003), several alternative transmission main routes along with different storage tank and booster pump station locations were investigated. Following negotiations for the location of the new elevated storage tank located near E. 106th Street North and N. Garnett Road, routing for the new transmission main was expanded from 16,000 to 28,250 linear feet to reflect applicable site conditions and more feasible line locations. The new proposed transmission main was being designed to connect to the City of Tulsa existing 24-inch transmission main at 76th Street North and proceed north along dingo Road to the new elevated storage tank. From April 2003 to February 2004, design of the 2- million gallon elevated storage tank was completed. In March 2003, Public Works personnel became aware that the City of Tulsa was exploring the possibility of constructing a north water loop. Such a loop would extend their main along N. Memorial Drive to approximately E. 106th Street North. This extension would allow the City of Owasso to connect at the N. Memorial Drive and E. 106th Street North intersection. As a result, the City commissioned Benham to evaluate potential savings that may result from the new line alignment. Preliminary investigations reported a savings of $1.5 million in construction Revised Agreement Engineering Design Services Page 2 of 3 costs. Additionally, the new service connection location potentially would result in better service to the City of Owasso. From June to September 2003, the project progress slowed as Benham and Tulsa staff periodically discussed water pressures and other delivery issues. In September 2003, due to uncertainties in the interconnection point and in order to keep as close to schedule as possible, authorization was given to the consultant to proceed with the original plan (finish design for connection to the existing 24 -inch transmission main at E. 76th Street Forth). In December 2003, Tulsa once again reiterated its interest to expand its water service to E. 106th Street Forth. In early Spring 2004, Tulsa provided a letter of commitment to the City for the construction of the north water loop. Subsequently, previous transmission design work (south of 106th Street Forth) was abandoned and further processinof Amendment No. 1 was cancelled. (It is important to note that the engineering effort spent to December 2003 in the design of the water main alignment along F. Mingo Road has become the property of the City of Owasso. This information will be very useful in the design of future improvements to the water distribution system needed between E. 86th Street Forth and E. 106th Street Forth.) 1 Because of the scope of work change and the possibility of funding this portion of the design by Vision 20251, City staff believes it is beneficial to void the remaining portion of the original agreement and create a new agreement to incorporate the remaining design work. It is our understanding that Vision 2025 funds can be allocated to design work not already paid. To date, a portion of the work tasks included in the original agreement and those proposed in the amendment have been completed (see Attachment B). The work completed in the amount of $428,741 still remains below the original approved fee of $431,840, however. With incorporation of the additional work tasks, the total fee to complete engineering design will be $534,736 (representing an additional increase of $102,896 over the original fee proposed). The fee paid to date is $329,775. Staff proposes to terminate the original contract at this point. A new contract in the amount of $204,925 to complete all remaining elements of the project 1 Vision 2025 requires that any agreement be signed no earlier than September 10, 2003 to be approved for reimbursement. Revised Agreement Engineering Design Services Page 3 of 3 (including some work tasks already performed in the proposed amendment) is included (see Attachment Q. The revised scope of work includes the design of water transmission and distribution system improvements as follows: Transmission line (30-inch) between E. 106th Street North and N. Memorial Drive and the new elevated water storage tank; — Transmission line (24-inch) between the storage tank and E. 99"' Street North and N. Garnett Road; -- A booster pump station to be located in the base of the storage tank; — A master meter vault at E. 106'h Street North and N. Memorial Drive and necessary interconnections to the existing service system. Funding for the new Agreement for Engineering Services for the amount of $204,925 will be obtained from Vision 2025. Staff recommends Council approval and authorization of the Mayor to execute the Agreement for Engineering Services for the Upper Service Plane Water Improvements Project with The Benham Companies, Inc. in the amount of $204,925.00. 1. Attachment A — Water System Improvements Map 2. Attachment B — Revised Engineering Fee Computations 3. Attachment C — Agreement for Engineering Services 301 West 2 nd Street Owasso, OK 74055 918.272.4959 918.272.4996 www.cityofowasso.com E OWASSO WATER SYSTEMS COMPONENT DESIGN PROJECT TRANSMISSION LINES, WATER TOWER AND BOOSTER PUMP STATION REVISED ENGINEERING FEE COMPUTATION JUNE 1, 2004 ORIGINAL AGREEMENT $ ADDITIONAL FIELD SURVEY AND RIGHT OF WAY BASIC SERVICES $ 18,780.00 PHASE 1 DESIGN REPORT $ 60,290.00 PHASE 2 FINAL PLANS $ 2,440.00 FIELD SURVEYS $ 39,940.00 GEOTECHNICAL INVESTIGATION $ 7,760.00 PROPERTY ACQUISITION $ 17,286.00 PLANS AND SPECS BOOSTER STATION $ 11,850.00 PLANS AND SPECS WATER TOWER $ 58,860.00 PLANS AND SPECS TRANS LINE $ 61,557.00 PLANS AND SPECS TRANS LINE $ 30,779.00 PLANS AND SPECS TRANS LINE $ 7,604.00 PERMITS $ 5,775.00 BIDDING SERVICES $ 5,000.00 CONSTRUCTION ADMINISTRATION $ 860.00 SUBTOTAL $ 326,341.00 PROPOSED AMENDMENT NO.1 SUPPLEMENTAL, WORD $ ADDITIONAL FIELD SURVEY AND RIGHT OF WAY BASIC SERVICES ADDITIONAL GEOTECHNICAL INVESTIGATION S FIELD SURVEYS $ 19,155.00 GEOTECHNICAL INVESTIGATION $ 2,440.00 PROPERTY ACQUISITION $ PLANS AND SPECIFICATIONS $ 57,742.00 HYDRAULIC ANALYSES $ 16,027.00 ADDITIONAL SERVICES $ 7,000.00 SUBTOTAL S 102,364.00 TOTAL $ 428,705.00 REVISE ENVIRONMENTAL AND ENGINEER REPORT $ ADDITIONAL FIELD SURVEY AND RIGHT OF WAY $ ADDITIONAL GEOTECHNICAL INVESTIGATION S TRANSMISSION LINE S REVISED BOOSTER PUMP STATION $ ADDITIONAL BIDDING AND CONSTRUCTION ADMINISTRATION $ SUBTOTAL $ ORIGINAL CONTRACT PLUS AMENDMENTS PROPOSED CHANGE 5,300.00 18,000.00 2,700.00 36,000.00 17,500.00 26,495.00 05,995.00 $ 534,700.00 AMENDED TOTAL AMOUNT $ 534,700.00 PAID TO DATE S (329,775.00) NEW CONTRACT AMOUNT $ 204,925.00 Agreement for Engineering Services THIS AGREEMENT, made and entered into this - day of June, 2004, between the City of Owasso, Oklahoma, a Municipal Corporation, of Oklahoma, hereinafter referred to as CITY, and The Benham Companies, Inc., hereinafter referred to as ENGINEER; WHEREAS, CITY intends to construct 24-inch and 30-inch water transmissior lines, water booster pump station, and distribution system improvements, hereinafter referred to as the PROJECT; and, WHEREAS, CITY requires certain professional engineering services in connection with the PROJECT, hereinafter referred to as the SERVICES; and, IR �0s am_-- NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: 3. CITY'S RESPONSIBILITIES. CITY shall be responsible for all matters described in Attachment C, RESPONSIBILITIES OF THE CITY, which is attached hereto and incorporated by reference as part of this AGREEMENT. City of Owasso, Oklahoma Upper Service Plane Water Systems Improvements Engineering Services Agreement Page 1 4. COMPENSATION. CITY shall pay ENGINEER in accordance wile Attachment D, COMPENSATION which is attached hereto a incorporated by reference as part of this AGREEMENT. I 5, SCHEDULE. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, in accordance with the schedule set forth in Attachment F, SCHEDULE, attached hereto and incorporated by reference as part of this AGREEMENT, 7.1 ENGINEER shall not be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the PROJECT. 7.3 In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground condons may occur that could affect total PROJECT City of Owasso, Oklahoma Upper Service Plane Water Systems Improvements Engineering Services Agreement Page 2 cost and/or execution. These conditions and cost/execution effects are not the responsibility of ENGINEER. 7.5 ENGINEER'S deliverables, including record drawings, are limited Is the sealed and signed hard copies. Computer-generated drawi files furnished by ENGINEER are for CITY or others' convenienc Any conclusions or information derived or obtained from these fil will be at user's sole risk. I 1.2 Since ENGINEER has no control over the resources provided by others to meet construction contract schedules, ENGINEER'S forecast schedules shall be made on the basis of qualifications and experience as a Professional Engineer. 41.2 ENGINEER shall not be liable to CITY for any special, indirect or consequential damages, such as, but not limited to, loss • revenue, or loss of anticipated profits. City of Owasso, Oklahoma Upper Service Plane Water Systems Improvements Engineering Services Agreement Page 3 10.1 CITY agrees to include in all construction contracts the provisions of Articles 701, and 7.2, and provisions providing contractor indemnification of CITY and ENGINEER for contractor's negligence. 10.2 CITY shall require construction contractor(s) to name CITY and ENGINEER as additional insureds on the contractor's general liability insurance policy. 12. INSURANCE. 12.1 During the performance of the SERVICES under this AGREEMENT, ENGINERE shall maintain the following insurance: 12.1.1 General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and note less than $1,000,000 in the aggregate, and with property damage limits of not in the aggregate. 12.1.2 Automobile Liability Insurance with bodily injury limits of not less than $1,000,000 for each person and not less than $1,000,000 for each accident and with property damage limits of not less than $100,000 for each accident. 12.1.3 7f• rker's Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance with limits • not less than $100,000 for each occurrence. 12.1.4 Errors and Omissions Insurance to remain in efifect durinf.# the PROJECT and the term of any legal liability. E rro rs a n4 Omissions coverage to be for a minimum of $1,000,000, deductibles subject to approval. City of Owasso, Oklahoma Upper Service Plane Water Systems Improvements Engineering Services Agreement Page 4 12.2 ENGINEER shall furnish CITY certificates of insurance, which shall include a provision that such insurance shall not be canceled without at least 30 days written notice to the CITY, 11 OWNERSHIP AND REUSE OF DOCUMENTS, 13.1 All documents, including original drawings, estimates, specifications, field notes and data shall become and remain the property of the CITY. 13.2 CITY'S reuse of such documents without written verification or adaptation by ENGINEER for the specific purpose intended shall be at CITY'S risk. 14.1 The obligation to continue SERVICES under this AGREEMENT may be terminated by either party upon fifteen days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 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 prepared, to the address speed below. To CITY: City of Owasso, Oklahoma P.O. Box 180 Owasso, Oklahoma 74055 Attention: F. Robert Carr, Jr. City of Owasso, Oklahoma Upper Service Plane Water Systems Improvements Engineering Services Agreement Page 5 To ENGINEER: The Benham Companies, Inc. I West 3rd St., Suite 100 Tulsa, Oklahoma 74103 Attention: Mr. Thomas D. Mansur 15.1 Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of ENGINEER and CITY. 17. SEVERABILITY. If any portion of this AGREEMENT shall be construed by a court of competent jurisdiction as unenforceable, such portion shall be severed herefrom, and the balance of this AGREEMENT shall remain in full force and effect. City of Owasso, Oklahoma Upper Service Plane Water Systems Improvements Engineering Services Agreement Page 6 5. Soils Borings. The ENGINEER shall contract for and obta 'I requisite soil borings for the various lines and structures in sufficie detail and depth to ascertain the likely conditions of constructi and the associated costs thereof. 8. Engineering Report a. Summarize the findings, conclusions and recommendations for this phase of the project in report format. City of Owasso, Oklahoma Upper Service Plane Water Systems Improvements Engineering Services Agreement Page 12 2. Environmental Information Document. The ENGINEER shall prepare new or revised Environmental Information Documents as required for those components of the work for which same is required. City of Owasso, Oklahoma Upper Service Plane Water Systems Improvements Engineering Services Agreement Page 13 4. The ENGINEER shall prepare technical specifications, speci provisions, and other construction Contract Documents as requir to supplement available Specifications and Contract Documen (ODOT and Standard City of Owasso). 5. The ENGINEER will prepare "ENGINEER'S ESTIMATE" construction costs using final quantities and current unit prices. 6. The Efl.GIREER shall participate in the office and field review of plans and Documents as required during the design phase and make revisions in final plans as required by the CITY. B.4. GENERAL SERVICES DURING BIDDING AND CONSTRUCTION PHASE. Upon approval of the Final Design Documents, and upon City of Owasso, Oklahoma Upper Service Plane Water Systems Improvements Engineering Services Agreement Page 14 receipt of a Notice to Proceed, the ENGINEER shall provide the followi SERVICES. The Work performed during this phase of the SERVICE], shall include, but is not necessarily limited to the following tasks: M 20 Conduct the pre-work conference and furnish advice to the CITY as requested. 3. Review and approve Contractor's shop Drawings and material testing submittals. 4. Visit the site of the various construction activities from time-to-time throughout the construction period to ascertain the general progress of the projects. 5. Provide general assistance to the the CONTRACTOR and CIT with the I start-up and commissioning of the booster pump statii 6. Furnish "As-Built" drawings from Inspector's Notes within 45 days of receiving said notes. "As-Builts" will be provided on CD in computerized format. City of Owasso, Oklahoma Upper Service Plane Water Systems Improvements Engineering Services Agreement Page 15 City of Owasso, Oklahoma Upper Service Plane Water System Improvements Proje Phase 1 - 30-Inch and 24-Inch Transmission Line, Phase 2 - 30-Inch Water Transmission Line I and Booster Pump Station ATTACHMENT C RESPONSIBILITIES OF THE CITY RESPONSIBILITIES OF THE AUTHORITY, The CITY shall provide the information and services as provided herein in a manner that causes no undue delays in the performance of the SERVICES by the ENGINEER, Cl INFORMATIQ11, The CITY shall furnish, as requested and required by the ENGINEER and at no expense to the ENGINEER, information relative to the design and construction of the PROJECT. C.1.1 Records, reports, studies, plans, drawings, and any other data available in the files of the AUTHORITY, which may be useful in the work, involved under this AGREEMENT. IN MEN 1!1! M 11 !111! 11 pi I I I I I C.2 ACCESS. The AUTHORITY shall furnish and make all provisions for the ENGINEER to enter upon public or private property as required for the ENGINEER to perform his SERVICES under this AGREEMENT. C.3.1 Furnish legal assistance as required in the preparation, review and approval of Construction Documents. C.3.2 Furnish staff assistance to coordinate with the utility companies ir locating, exposing and relocating existing utilities and/or their proposed future extensions. City of Owasso, Oklahoma Upper Service Plane Water Systems Improvements Engineering Services Agreement Page 16 A DOCUMENT REVIEW, The CITY shall examine all studies, reports, sketches, estimates, Specifications, Drawings, proposals, and ether Documents presented by the ENGINEER and the CITY shall render in writing all decisions pertaining thereto within a reasonable time so as not to delay the SERVICES of the ENGINEER, Cos MISCELLANEOUS ACTIVITIES, The CITY shall be responsible for the conformance of construction contract documents, oversee and direct Contractors' assembly of bonds and affidavits, and approve and execute same. City of Owasso, Oklahoma Upper Service Plane Water Systems Improvements Engineering Services Agreement Page 17 City of Owasso, Oklahoma Upper Service Plane Water System Improvements Proje Phase 1 - 30-Inch and 24-Inch Transmission Line, Phase 2 - 30-Inch Water Trassriission Line and Booster Pump Station ATTACHMENT D COMPENSATION ZINC* , IN 4 IMBig III 114AM1111 11111111mmey WREJ-3 war 111 11 0 --- — --- D.2. FINAL DESIGN. For SERVICES provided under Attachment B, the CITY shall pay the ENGINEER a lump sum fee of $153,430.00 . SERTICES provided under Attachment B, the CIrT shall pay the ENGINEER a lump sum fee of $ 26,495.00 . DA TOTAL COMPENSATION. For SERVICES provided under Attachment B. the fees for which, specified in paragraphs D.1, D.2, and D.3, shall nol exceed a lump sum of $ 204,925.00 City of Owasso, Oklahoma Upper Service Plane Water Systems Improvements Engineering Services Agreement Page 18 DA. TERMINATED SERVICES. If this AGREEMENT is terminated, ENGINEER shall be paid for services performed to the effective date of termination. D.5. CONDITIONS OF PAYMENT. D.5.3 If the project is delayed, or if ENGINEER's services for the PROJECT are depayed or suspended for more than ninety days for reasons beyond ENGINEER's control, ENGINEER may, after giving fifteen day's written notice to CITY, request renegotiations of compensation, or may terminate the AGREEMENT. City of Owasso, Oklahoma Upper Service Plane Water Systems Improvements Engineering Services Agreement Page 19 22. KEY PERSONNEL. In performance of the SERVICES hereunder, ENGINEER has designated Mr. Thomas D. Mansur, P.E. as Project Manager for the PROJECT. ENGINEER agrees that no change will be made in the assignment of this position without prior approval of CITY, I City of Owasso, Oklahoma Upper Service Plane Water Systems Improvements Engineering Services Agreement Page 7 IN WITNESS WHEREOF, the parties have executed this AGREEMENT in multiple copies on the respective dates herein below reflected to be effective on the date executed by the Mayor of the City of Owasso. NUMB IRIM City Attorney Division Vice-President Managing Director (SEAL) x lam] (SEAL) City of Owasso, Oklahoma Upper Service Plane Water Systems Improvements Engineering Services Agreement Page 8 ATTACHMENT A SCOPE F PROJECT City of Owasso, Oklahoma Upper Service Plane Water Systems Improvements Engineering Services Agreement Page 9 ATTACHMENT B SCOPE OF SERVICES B.I. BASIC SERVICES The Basic Services of the ENGINEER shall include, but are not necessarily limited to, the following tasks: 1. Designate a representative to coordinate all information between th ENGINEER and the CITY. I 2. Designate a quality review team. The team shall consist of, as minimum, a principal in the firm not associated with day-to-day desi work of this PROJECT. I 4. Document all meetings and conferences. Send documentation AUTHORITY within five (5) working days. i City of Owasso, Oklahoma Upper Service Plane Water Systems Improvements Engineering Services Agreement Page 10 4. Attend meetings with CITY, other CITY consultants, utility companies, and other administrative and/or regulatory agencies. 5. Attend all public meetings for the PROJECT as directed by the CITY. 6. Perform all necessary survey and investigations for the PROJECT. 7. Furnish engineering design data, where necessary, for the coordination of the PROJECT with other local projects or with State or Federal Authorities. B.2. HYDRAULIC ANALYSIS AND ENGINEERING REPORT. Upon receipt of a Notice to Proceed, the ENGINEER shall prepare the Engineering Report. The work performed during this phase of the SERVICES shall include, but is not necessarily limited to, the following tasks: I o Project Kickoff Meeting a. Confer with the AUTHORITY to review PROJECT requirements, to discuss scheduling of the work and to discuss submittal requirements for this phase of the work. 5". Field and-41tility Surveys a. Contact OKIE for location of utility companies and investigate all known utilities within the PROJECT limits. b. Have the CITY request necessary flagged locations by each underground utility whose physical plant may be involved. C. Locate all flagged underground utility locations horizontally. City of Owasso, Oklahoma Upper Service Plane Water Systems Improvements Engineering Services Agreement Page 11 HE TO. THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM1 DUANE CUTIIPERTSON CITY PLANNER SUBJECT. REZONING,— OZ 04-07 HERITAGE ADDITION DATE- JUNE 10, 2004 BACKGROUND The City of Owasso has received a request from Mahar, Tuzzollno, & Cleveland, applicants /owners, for the approval to rezone approximately 0.65 acres of property consisting of the east 165' of Lot 1, Block 1 of Heritage .Addition, located at 9220 N. Garnett Road. The applicants are proposing to rezone the subject property to CG (Commercial General District). A general area map, property survey and a complete legal description are attached for your information and review. :x. .c t 9s :r. t' z The subject property is zoned OL (Office Light Intensity District) and occupied by a mltim tenant office /retail building. The Faith Lutheran Church is located to the north of the subject property and zoned AG (Agricultural District) in Tulsa County. The Freeman property is immediately to the south, containing multi-use structures including an automotive repair garage and a leasing office and is zoned CG (Commercial General District). The property to the east was recently rezoned to CS (Commercial Shopping District) as part of the Smith Farm Marketplace and the property to the west is occupied by the Brown School and zoned OL (Office Light Intensity District). ZONING HISTORY In January, 1994 Lot 1, Block 1 of Heritage Addition was granted a lot split dividing the property into two parcels. Parcel one (the subject property) consists of the east 165' while parcel two consists of the west 150'. ZONING /DEVELOPMENT LIMITATIONS If the application is approved, the subject property would be zoned CG (Commercial General District). According to the City of Owasso Zoning Code a multitude of uses would be allowed on the subject property such as retail shopping, bakery, offices and salons. The current structure on the property could support many of the type of uses allowed within the requested zoning district. As the property is currently zoned (OL) only offices or studios are allowable uses in the building. It is important to note that particular site details such as drainage, streets, and utilities are appropriately discussed during the development review phases (plat and site plan) and not during a rezoning hearing. During a public review a decision on zoning changes must be based on one fundamental question: does the requested zoning allow a land use that is appropriate for the subject property? In this case, since the property is already developed primary issues such as signage and parking would be addressed during a subsequent occupancy permit check. The occupancy permit is a permit to occupy any non-residential structure required of all tenants inside the city limits. It allows city staff to inspect the property to ensure its compliance with the zoning and building codes. COMPREHENSIVE PLAN CONSISTENCY The subject property is identified in the Owasso 2010 Master Plan as having a designation of commercial/office uses which is consistent with the request to rezone the property to CG (Commercial General District). The subject property is primarily accessed via N. Garnett Road which was recently re- prioritized by the City of Owasso to be widened to a five lane major arterial roadway within the next year and a half to accommodate recent and planned commercial developments in the corridor. Due to the properties small size, staff finds no concern with consideration of the multitude of uses allowed in CG districts. Many of the highly intense uses allowed in CG districts, like drive-through restaurants require more space than exists on the current site. The request is viewed primarily as an opportunity to expand the type of tenants allowed within the existing structure. The potential tenants would include uses such as a salon. Again, the property is buffered by the OL district to the west fi-orn less intense uses like residential. Staff has received no phone calls or correspondence in opposition of the request. Letters were mailed to surrounding property owners and a legal advertisement was published in the Owasso Reporter. Copies of both the letter to property owners and the legal advertisement are attached for your information and review. If the Commission approves this application it will then require City Council approval. OWASSO PLANNING COMMISSION At the June 7, 2004 regularly scheduled meeting the Owasso Planning Commission unanimously voted to approve OZ 04-07. RECOMMENDATION Staff recommends approval of OZ-04-07, rezoning approximately 0.68 acres, from OL (Office Light District) to CG (Commercial General District), A` TACHMENTS 1. General Area Map. 1 OZ-04-07 Application. 3. Legal Notice. 4. Letter to Surrounding Property Owners. -------------- ----- - - - - Please submit the completed application form and application fee along with a Certified 300' Radius Deport (available from an Abstract Company) to the Owasso City Planner on or before the Planning Commission submittal deadline as shown on the official City of Owasso calendar. The applicant and/or the applicant's consultant should attend the Planning Commission meetings at which the Supplemental Zoning will be reviewed. ly Fee Schedule C! 1,S\i E A Aj A+ R'J'L�l A 1Z 0- 0.99 acres $75 3 q6'Z ttl (Q: qL V a/4S5 -, mil® 4.99 acres 100 5 7, V, M C, 7 &,X:� 1, 5-19.99 acres 150 1 20 + acres 200 " t5!so SUBMITTAL DATE OPC MEETING DATE FEE RECEIPT NUMBER- APPROVED DENIED a .�� i' jE� s i s 3 � .� i NOTICE TO PROPERTY OWNER OZ-04-07 THE EAST 165 FEET OF LOT I (ONE), BLOCK I (ONE), HERITAGE ADDITION, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEROF. As an abutting or nearby property owner, you are being notified so that you may be able to express your views or concerns regarding this request. If you are unable to attend this meeting, please forward any comments you may have in writing to the Owasso Community Development Department, PO Box 180, Owasso, OK 74055. These comments will be presented to the Owasso Planning Commission at the scheduled public hearing by the Community Development Staff. Information and maps showing the property location may be inspected in the office of the City Planner, 1 1 1 North Main Street, Owasso, Oklahoma, 74055 or by calling 376-1543. This is your only personal notification of this request. Dated at Owasso, Oklahoma, this 10th day of May, 2004. Sincerely, Duane Cuthbei tson W. TO- THE HONORABLE MAYOR & CITY COUNCIL CITY OF OASSO FROM- MICHELE ELE DE ST R HUMAN SOURCE DIRECTOR M11=1111 11 } DATE: June 11, 2004 On May 18, 2004 the City Council approved a policy authorizing the City Manager to establish a self - insurance fund for employee health insurance. A Healthcare Self-Insurance Fund is included as a part of the 2004 -2005 budget. The Healthcare Self-Insurance Fund will be utilized to administer and pay claims of the self-insurance program, which include health, dental and vision. Effective July 1, 2004, employee health coverage will be self-insured with AETNA acting as the third party administrator. Delta Dental and Vision Service flan will continue as the providers for dental and vision coverage. However, instead of providing a fully insured plan, these too will become self-insured, thus Delta Dental and Vision Service Plan will be acting as the third party administrator for that coverage. One role a third party administrator (TPA) fulfills is to process and pay claims. As employees incur claims the TPA will process payments to the providers, with the City reimbursing the TPA the amount of the claims. AETNA requires reimbursements monthly or when claims paid reach $20,000, whichever is first. Delta Dental requires reimbursements weekly, and Vision Service Plan requires monthly reimbursements. Once the TPA provides notification of the amount to be reimbursed the City has a limited time period to provide that reimbursement. Mgt According to the Code of Ordinances of the City of Owasso every contract for, or purchase of, supplies, materials, equipment or contractual services for more than twenty -five thousand dollars requires prior approval of the City Council [7 -105]. In addition, existing law requires all payments to be approved by Council prior to the processing of the payment. Currently the only exceptions are payments for medical services and supplies arising from claims against the Workers' Compensation Self Insurance Fund. However, the Council may, by ordinance, provide for additional exceptions to 7105 and at the same time implement a procedure for payment without prior City Council approval. Due to the fact the TPA's will be using their cash flow to fund payments for claims incurred by the City's employees reimbursements to the TPA, by contract, must be made upon request. Without an ordinance modifying 7105, and doing so in accordance with State Law, the City would not be able to provide timely reimbursements according to the TPA's schedule and penalties and /or interest would be incurred. Ordinance 9789 has been written to allow payments for medical services and supplies arising from claims against the Workers' Compensation Self-Insurance Fund to continue to be made without prior Council approval. In addition, Ordinance #789 allows payments to be made without prior Council approval for medical, dental and optical services and supplies as well as administrative costs from the Healthcare Self-Insurance Fund. Ordinance #789 requires payments made without prior Council approval to be approved by the City Treasurer and the City Manager, or the City Manager's designee. Approvals must be in writing and can be made by warrant, check, wire transfer or other payment as authorized by State law [11 O.S. 17-102 (A).] Ordinance #789 requires staff to provide copies of the approved invoice or claims list and /or payment information to Council for informational purposes at its next regular meeting. In order to provide the ability to issue reimbursements as soon as necessary after July 1, 2004 Ordinance #789 includes an emergency clause allowing the ordinance to go into effect as soon as it is approved. Ordinance #789 and the Emergency Clause require separate consideration and approval by the City Council. Staff recommends approval of Ordinance No. 789 (agenda item #12) and in the following agenda item the Emergency Clause (agenda item #13.) Ordinance #789 11 1 V'Vf lr,� E-Tr 707SM, )770W,111 VUT'7171 Y-Uf rT _C(I"I _T9UfL_(TA'_A - 111' T'T_WF_U71TASS0' OKLAHOMA, THAT. SECTION ONE (I)-Part 7, Finance and Taxation, Chapter 1, Finance and Budget Administration, Section 7105, When Prior Approval by Council Is Required, of the Code of Ordinances of the City of Owasso, shall be amended to provide, A. Every contract for, or purchase of, supplies, materials, equipment or contractual services for more than Twenty Five Thousand Dollars ($25,000.00) shall require the prior approval of the City Council; provided, however, the foregoing provisions shall not be applicable to payments for medical services and supplies arising from claims against the Workers Compensation Self Insurance Fund or medical, dental and optical services and supplies as well as administrative costs relating thereto arising from claims against the Health Care Self Insurance Fund. B. The City Council hereby designates the City Treasurer and the City Manager, or his Designee, as purchasing officers empowered to purchase or contract against the budgeted Health Care Self Insurance Fund in accordance with the procedures set forth below. 1. After satisfactory delivery of merchandise or completion of contract provisions, an invoice or claim shall be obtained adequately documenting the request for payment. The officer or employee receiving satisfactory delivery of merchandise or contract service shall acknowledge such fact by signing the invoice, claim signing form, delivery ticket or receiving advice. Further, such officer or employee shall make certain that sufficient funds are available in the appropriation for the proposed expenditure. If sufficient funds are not available at such time, then, in such event, the payment shall not proceed. Otherwise, the supportive documentation shall be submitted to the City Manager or the City Manager's designee for consideration and approval of payment, which shall be approved in writing by the City Manager or the City Manager's designee. 2. Upon approval of the invoices or claims for payment, a warrant, check, wire transfer or other payment document as authorized by State law [I 1 0. S. 17-102 (A)] shall be prepared and, along with a copy of the approved invoice or claims listing, submitted to the City Treasurer for execution and issuance. 3. The City Treasurer shall record or cause to be recorded in the appropriate journals and ledgers the purchases and cash disbursements incurred and paid. 4. Copies of the approved invoice or claims list and/or check (warrant or other payment instrument) shall be provided to the City Council for informational purposes at its next regular meeting; however, the City Council approval is not required prior to payment of the invoices or claims if incurred and paid in accordance with the provisions above. SECTION TWO (2)-It being immediately necessary for the preservation of the peace, health, and safety of the inhabitants of the City of Owasso that the provisions of this ordinance be put into full force and effect, an emergency is hereby declared to exist whereby this ordinance shall take effect, and be in full force from and after its passage, as provided by law. PASSED by the City Council on the 15th day of June 2004, with the Emergency Clause approved by separate vote. Attest: Susan Kimball, Mayor Sherry Bishop, City Clerk Approved as to Form: Ronald D. Cates, City Attorney TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROMa SHERRY BISHOP FINANCE DIRECTOR SUBJECT: RESOLUTION NO. 2004-12 FISCAL YEAR 2004 -2005 BUDGET DATE® June 11, 2004 Pursuant to statutory and Charter provisions, an annual operating budget for the General Fund, OPWA Fund, ( PGA Fund and other funds has been developed and transmitted for your review. On May 27, 2004, legal notice of a public hearing was published in the Owasso Reporter, and such hearing was conducted on June 1, 2004. The public hearing provided opportunity for citizen comment and questions relating to the proposed budget. In addition, copies of the proposed budget have been available for public review. Mate statutes require adoption of an annual budget by the City Council through a resolution. Resolution No. 2004 ®12 with Attachment "A" (budget summary) provides for the adoption of a fiscal year budget for the General Fund and other funds of the city. The Municipal Budget Act authorizes an alternate method of budgeting for grants and capital projects that extend beyond a single fiscal year. The existing budgets may be reappropriated to the same project in the succeeding fiscal year without specifying the exact dollar amount. For example, this allows the budget for the 86"' Street widening project to roll forward into the new fiscal year when the amount of the unexpended budget will be unknown until after the end-of-year invoices are received. If approved by Council, wording in Resolution No. 2004-12 will reappropriate funds for all incomplete projects in the Capital Improvements Fund and the Capital Projects Grant Fund. The staff recommends City Council approval of Resolution No. 2004-12 adopting a fiscal year 2004- 2005 budget for the General Fund and all other funds of the City. Resolution No. 2004 -12 RESOLUTTON NO. 2004-12 t WHERE, AS: It is the intent of the Owasso City Council to adopt an operating budget for fiscal year 2004 -2005; and WHERE, AS. The adoption of such budget is vital to the continuation of services to the citizens of Owasso; and WHEREAS. Public access to the adopted budget is desired; and WHEREAS: Certain publication and filing requirements are mandated by State Statutes. NOW THEREFORE, B OWASSO, OK THAT. The revenues, expenditures and transfers as shown on Attachment "A" shall be appropriated for each fund; and THAT: The encumbrances and unexpended appropriation balances for the Capital improvements Fund and the Capital Projects Grant Fund for Fiscal Year 2003 -2004 be and the same are hereby reappropriated to the same funds, accounts and for the same purposes for Fiscal Year 20042005 unless the project or purpose is designated or declared closed or completed; and THAT: The effective date of this Resolution shall be July 1, 2004. APPROVED AND ADOPTED this 15"' day of June, 2004 by the City Council of the City of Owasso, Oklahoma. Susan Kimball, Mayor ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: Ronald D. Cates, City Attorney Attachment A CITY OF OWASSO Budget Summary Projected Expenditures Expenditures Projected Fund Balance Ravonuoo& Personal Materials & Other Services Capital Debt Fund &Tmnsfem Fund Balance FUND 07/0103 Transfers In Services Supplies & Charges Outlay Service General $2,550,000 $21,118,821 $1,504,919 City Garage O 280.800 118.800 125.750 2e.550 15.100 O O 289'290 720 Ambulance 295.000 577.000 400.000 49.550 69.620 O O 87.500 605,670 266,330 Ambulance 205,000 120.608 0 o n e10.000 3 O 210,000 115,600 Fire 64.000 185,900 O 0 0 e3.508 n o 03'580 150'00 E 011 98.000 161,000 109,240 2.000 «z.nOn 40.800 o o 193' 240 65,760 Cemetery 20.100 1.800 o o o o O 0 O 21,900 Emergency 31.000 3.000 n U n 15.000 o o 15.800 19,000 Juvenile 57.700 5.000 O U 5,000 o 0 O 5.000 57'70' HoteKWot*|Tax 101.008 55.000 O 8 n o U O O 156,000 Veterans 7.100 200,000 o o o 200,000 o o 200.000 7'100 StonmwuterKanagom*nt 30,500 265.000 0 8 90,000 150.000 o o 240.000 55,500 Capital o 8,000,000 n o n 8,000,000 u u 8.000.000 Park Development 176.008 82.000 o o o 120.000 o o 120.000 138OO' - Capital Projects Grants n 134.264 n o n 134.264 o 0 134.284 ' - VVork*m'CompS*!�|ns 900.000 1e3.008 0 o 333.800 O 8 O 333.000 70OOO- Self-ins 170.000 227.000 O 0 225.000 O o o 225.000 172'O0 ` Healthcare Self-ins O 1.360.080 O O 1.360.000 8 O 0 1`360.000 ' 5 I E "tIle, 1 1:1 �lI TO: HONORABLE MAYOR AND CITY COUNCIL CTTY OF OWASSO FROM- SHERRY BISHOP FINANCE DIRECTOR SUBJECT. FISCAL YEAR END DATE: June 11, 2004 The City of Owasso operates under the provisions of the Municipal Budget Act. In accordance with the Budget Act, all funds of the City with revenues and expenditures are required to have annual budgets. Expenditures may not legally exceed the appropriation or budget within a department or a fund. The City Manager has the authority to transfer appropriations between line items within a department or to transfer appropriations between departments within the same fund. A supplement or increase in total appropriations in a fund requires City Council approval. The trust authorities (OPWA and OPGA) are required to prepare an annual budget and submit a copy to the City as beneficiary of the trust. However, there are no further requirements such as a legal restriction on spending. Staff is not requesting year -end appropriations for the OPWA or for the OPGA. Staff is requesting four supplemental appropriations for City Council consideration. GENERAL FUND. Linder the pledged revenue requirements of the OPWA bond indentures, the City transfers all of its sales tax collections to the OPWA Sales Tax Fund, and then the OPWA transfers two cents of the sales tax back to the General Fund. Because the sales tax revenue in the General Fund is over budget, the transfer to the OPWA will exceed budget also. The final sales tax collection was received on June 8th from the Oklahoma Tax Commission. The total sales tax revenue for the year is $10,217,755, which is $347,755 over budget. The transfer from the General Fund to the OPWA Sales Tax Fund will exceed budget by the same amount. Staff will request a budget amendment for the General Fund increasing estimated revenues and increasing the appropriation for expenditures by $347,755. AMBULANCE SERVICE FUND. Revenues of the Ambulance services are required by city ordinance to be divided among the Ambulance Service Fund, the Ambulance Capital Fund and the Fire Capital Fund. Most revenues are receipted directly into the Ambulance Service Fund, and then the designated percentage of revenues is transferred to the Ambulance Capital Fund and the Fire Capital Fund. This transfer of funds is an expenditure under budgetary statutes and is subject to the limits of the approved budget. Revenues in the Ambulance Service Fund are projected to exceed budget by $65,000. The resulting transfers from the Ambulance Service Fund to the Ambulance Capital Fund and the Fire Capital Fund are projected to exceed the appropriations by $15,000. The budget for personal services for firefighter /medics is prorated between the Ambulance Service Fund and the general Fund, Fire Department. The allocation to the Ambulance Service Fund for personal services for firefighter /medics is projected to exceed the appropriation by $30,000. Staff will request a budget amendment for the Ambulance Service Fund increasing estimated revenues by $65,000 and increasing the appropriation for expenditures (including transfers out) by $45,000. BOND PROJECTS FUND. The Bond Projects Fund is used to account for the capital improvement projects funded by the proceeds of the 1998 revenue bonds. Unanticipated revenue (reimbursement from Owasso Schools) on the 86th and 145th E Ave intersection created an unappropriated fund balance of $7,590. An increase in the appropriation for street projects will allow this fund to be closed out at the fiscal year end. Staff will request a budget amendment for the Bond Project Fund increasing the appropriation for expenditures by $7,590. WORKERS' COMP SELF INSURANCE FUND. Expenses associated with self-funding workers' compensation benefits are projected to exceed budget by $60,000. This is only the second time since the fund was created in FY 1992 that the fund will report a net operating "loss." This has been an "abnormal" year for workers' comp claims. Expenses for the fiscal year are projected to exceed the five -year average by $200,000. Staff will request a budget amendment for the Workers' Compensation Fund increasing the appropriation for expenditures by $60,000. Staff recommends City Council approval of budget amendments increasing revenue estimates and expenditure appropriations as follows: • General Fund — Increase revenue and expenditure by $347,755. • Ambulance Service Fund — Increase revenue by $65,000; increase expenditure by $45,000. • Bond Projects Fund -- Increase expenditure by $7,590. • Workers' Comp Self Insurance Fund -- Increase expenditure by $60,000. � i3�. '"% �. j. �.� -. 3�i. i�i °�J �� i ! i1n '!pi � i� � d, �� { a r. WA 'SJ ,� <,� % r 0 0 m @ rd Avenue ( I t ?0 ° Owasso, OK 74055 May 27, 2004 Mr. Rodney Ray y City Manager 111 No. Marn Owasso, Olga 74055 Der Mr. ay: Rea Consideration and appropriate action concerning City Ordinance 335 dated Jane 5, 19840 1 request to be placed on the agenda for the Jane 15, 2004 City Council meeting to discuss the above issue and ask for action to be taken to enforce the ordinance. Thank you, Jimmy R. Robertson � \ -- 2 . , �« » A «««��� ^ ' . m >© w >z �« y y . ° � � 2 i . .«�� � a �