TULSA

ECfl= EMORANDUMDivision

DATE: March 4, 2015

TO: Board of County Commissioners

FROM: Tom Rains, County Engine~~~

SUBJECT: Agreement with William K Warren Medical Research Center, Inc.

We present for your approval an agreement with the William K. Warren MedicalResearch Center, Inc. This agreement is related to the South Garnett road wideningproject between 81st Street and 101st Street with regards to the Four to Fix theCounty widening project. It denotes the elements of the project Tulsa County willprovide, in return for a donation of right of way needed for the project. Thisagreement has been reviewed by the District Attorney’s Office.

We would recommend approval of the agreement.

TR:amAttachments

Original: Pat Key, County Clerk, for March 9, 2015 Agenda

xc: Commissioner John M. Smaligo, Jr.Commissioner Karen KeithCommissioner Ron PetersMark Liotta, Chief DeputyVicki Adams, Chief DeputyFile

County EngineerA Department of the Board of County CommissionersTulsa County Administration Bldg. 500 South DenverT tac~ ({JLII1IV Tulsa, Oklahoma 74103-3832 918)596-5730

TOM RAINSCOUNTY ENGINEER

February 13, 2015

Mr. Thomas E. CooperThe William K. Warren Medical Research Center, Inc.The William K. Warren FoundationP.O. Box 470372Tulsa, Oklahoma 74147

Re: South Garnett Road Widening Project between East 81~ Street South and Eastl01~ Street South and Drainage Project North of East 91~ Street and DrainageProject South ofEast 91~ Street(collectively the “Project”)

Dear Mr. Cooper:

This letter shall serve as a Letter of Agreement between the Board of CountyCommissioners of Tulsa County, a political subdivision of the State of Oklahoma (the “County”)and The William K. Warren Medical Research Center, Inc., an Oklahoma not-for-profitcorporation (“WMRC”) and The William K. Warren Foundation, an Oklahoma not-for-profitcorporation (“TWKWF”), regarding the Project.

The County believes that all of the elements necessary to fmalize the needed right-of-wayacquisition for the Project are in place. Therefore, in exchange for the needed right of way andeasements for the Project, The Parties hereby agree to following:

1. Reimbursement for Professional Fees. Within sixty (60) days of this fullyexecuted Agreement, the County will reimburse WMRC Sixty Thousand and no/100Dollars ($60,000.00), in the aggregate, for engineering fees paid to Kimley-Horn andAssociates, Inc. (“KHA”) and Terracon, Inc. (“Terracon”), by WMRC, in connectionwith the design of the proposed “North Regional Detention Pond” located northwest ofthe intersection of South Garnett Road and East 91~ Street. The KHA engineering feeswere pursuant to the Proposal Agreement from KHA dated September 28, 2009 andattached hereto as Exhibit “01”. The Terracon engineering fees were pursuant to theProposal Agreement from Terracon dated September 29, 2009 attached hereto as Exhibit“02”.

2. North Regional Detention Pond. Within two (2) years of this fullyexecuted Agreement, the County will, at its sole cost and expense, commence andcontinuously pursue to completion, the construction of the extension of an 11 FT X 7 FTreinforced concrete box culvert, concrete headwall/detention pond outlet structure, andexcavate soil to create the proposed North Regional Detention Pond. Plans for thisfacility shall be provided to the County by WMRC, and approved by the City of Tulsa.After completion of this detention facility and outlet structure, all future maintenanceshall be the responsibity of WMRC, its sucessors and assigns. The County reserves theright to modif~r structures with equivalent structures and will provide engineering plans ifneeded on the modifications Such modified structures will provide the equivalentwaterway opening and design functions.

3. Drainage Components of the Project. Within two (2) years of this fullyexecuted Agreement, but in no event later than December 31. 2016, the County will, at itssole cost and expense, commence and continuously pursue to completion, theconstruction of the “drainage components” of the Project on both the North and Southareas in general accordance with the North Recommendation Letter prepared by KHAdated September 30, 2009 and the Agreement between Tulsa County and the City ofBroken Arrow dated January 20, 2015, filed in the Tulsa County Clerk’s Office underCMF #233 522 (“Agreement”), and as depicted on the preliminary engineering exhibitsattached to such letter and descriptions in the “Agreement”. The North RecommendationLetter and the “Agreement” are attached hereto as Exhibit “03” and Exhibit “04’~respectively. The County will provide WMRC with the final design plans for review andcomment prior to commencement of construction. Said plans are subject to approval bythe City of Broken Arrow and the Oklahoma Turnpike Authority. Tulsa County shallhave responsibility to construct the Drainage Components.

4. Excess Excavation Material. The County will have the right to utilize anymaterial from the North Regional Detention Pond for road bed purposes in connectionwith the widening of South Garnett Road. Excess material may be stored on the propertyowned by TWKWF located west of Garnett Road and South of 91~ South for use in thewidening of Garnett between 91~ and 101~ Streets, with location approved by said parties.Any excess material after completion of the entire project will be appropriately spread onthe property owned by TWKWF located west of Garnett Road and South of 918t Southwith location approved by said parties.

The above terms and conditions are intended to be all-inclusive and are subject to suchadditional terms and provisions being mutually agreed upon between the parties. If theforegoing terms are satisfactory to you, please acknowledge by having Parties provide a signedcopy of this Agreement so the County can obtain the needed right-of-way documents from you.Ifyou have any questions, please do not hesitate to call.

The William K. Warren Medical Research Center, Inc.

BY:President ~ d 4 ~ ~ ö~

The William K. Warren Foundation

BY:President T~’~ $ E. Ce~pj#~L

IN WITNESS WHEREOF, the parties hereto have executed in multiple copies this ______day of~, 20.

ATTEST:Board of County CommissionersTulsa County, Oklahoma

County Clerk

APPROVED AS TO FORM:

Chairman

Assistant District Attorney