HomeMy WebLinkAbout2015.10.13_Worksession AgendaPUBLIC NOTICE OF THE JOINT MEETING OF THE
OWASSO CITY COUNCIL, OPWA & OPGA
Council Chambers, Old Central Building
109 N Birch, Owasso, OK 74055
Regular Meeting
Tuesday, October 13, 2015 - 6:00 pm City Clerk's office
1. Call to Order
Mayor /Chair Jeri Moberly
2. Discussion relating to Administrative items
Sherry Bishop
A. Proposed new agenda item- "Official Notice to Council'
B. Owasso Youth Sports User Agreements
C. Budget Amendments - Revenue Anticipation Note and Police Vehicle Purchase
3. Discussion relating to a resolution endorsing the 2016 Tulsa Regional Chamber OneVoice
Legislative Agenda
John Feary
4. Discussion relating to Community Development items
Bronce Stephenson
A. 2015 -2016 Community Development Block Grant contract - sidewalk on N 127th E Ave
(Baptist Village)
B. Final Plat - Owasso Industrial Park Phase IV (202 E 51h St S)
C. Tulsa County Board of Adjustment Case CBOA -2550, Special Exception to permit mining
and quarrying
S. Discussion relating to renewal of property- casualty insurance
Michele Dempster
6. Discussion relating to the replacement of Self- Contained Breathing Apparatus (SCBA)
Mark Stuckey
7. Discussion relating to the Public Works items
A. Sewer Use (Fats, Oils & Greases) Ordinance - Amending Part 17, Utilities, Chapter 3, Water
Treatment Works
B. Oklahoma Department of Transportation outstanding invoices
• E 76th St N & Highway 169 Interchange Project
• E 86th St N & Mingo Rd Intersection Improvements
8. Discussion relating to City Manager items
• Monthly Sales Tax Report
• City Manager Report
9. Discussion relating to code enforcement
Mayor Moberly
10. City Council/Trustee comments and inquiries
Owasso City Council /OPWA /OPGA
October 13, 2015
Page 2
11. Adjournment
Notice of Public Meeting filed in the office of the City Clerk and the Agenda posted at City Hall
bulletin board at 5:00 pm on Friday, October 9, 2015,
Sherry Bishop, ity Clerk
The Ciot)W, out Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Sherry Bishop
Assistant City Manager
SUBJECT: New Agenda Item - "Official Notices to Council"
DATE: October 9, 2015
BACKGROUND:
Various documents are required to be provided to the City Council for acknowledgment or
information only. In the past, those documents have been included as part of the consent
agenda for council "approval." Staff is proposing to separate those items that do not require
council action into a new item entitled "Official Notices to Council."
The purpose would be to create a record in the minutes that documents or notices were
provided to the council. There would be no discussion or vote by the council on the item.
Examples of items that would be listed as "Official Notices to Council ":
• Resolution 2015 -10 authorizes the city manager to approve contract change orders
within certain restrictions "with any approved change orders reported to the City Council
at the next regularly scheduled meeting."
• The Department of Environmental Quality (DEQ) requests that permits for construction of
water and sewer lines be noted in the minutes of the council meeting.
• The Owasso Code of Ordinances requires the City Treasurer to prepare a monthly
budget status report and that the report be placed on the agenda "for governing body
acknowledgment."
• The Owasso Code of Ordinances authorizes staff to pay Payroll claims and to pay claims
from the Workers Comp and the Healthcare Self- Insurances funds with a report provided
to the governing body "for informational purposes."
PROPOSAL:
Staff proposes to add a new listing on the City Council and Authority agendas entitled "Official
Notices to Council" to include documents that do not require action and are provided to the
governing body for acknowledgement or for information only.
nTity Witiouf Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Larry Longford
Director of Recreation and Culture
SUBJECT: Owasso Youth Sports User Agreements
DATE: October 9, 2015
BACKGROUND:
In 2010, the Quality of Life Initiative led to discussions about funding a build -out of the Sports Park
or providing other youth sports venue improvements. Those discussions led to questions
concerning the stewardship and care of existing youth sports fields and facilities, as well as the
type of care that could be anticipated for future investments. Realizing that the City's youth
sports user group agreements and contracts had either lapsed or lacked needed standards and
requirements, staff began to seek ways to adjust current agreements in order to increase
accountability on the part of the user groups regarding the maintenance and improvement of
playing fields and transparency in the disclosure of financial information.
Bringing all sports facility user groups under contractual agreements allows the City to:
1) Enter into more structured agreements with sports facilities user group organizations
2) Achieve financial transparency in the operation of the City's sports venues
3) Achieve better fiduciary responsibility to the City's constituent taxpayers
In December 2010, the City Council approved our first user agreement with Champions Baseball
Owasso for the operation of a youth baseball program utilizing city owned facilities. Since that
time, all other youth sports organizations utilizing city owned facilities have entered into user
agreements with the City of Owasso.
On November 18, 2014, the City Council authorized the City Manager to execute an amended
agreement with Owasso Fastpitch Association to manage the City of Owasso youth softball
program at city owned facilities.
The new user agreement is the standard for all future Sports User Group Agreements. The new
agreements include the following changes:
Uniform Verification Documents
To provide clear and consistent expectations for all user groups, document templates have
been created for all required data. The packet will assist the user group to verify compliance as
well as create a consistent method of staff review. Previously, each organization was free to
create and submit their documents to establish compliance which may not have included all
the information needed.
Automatic Annual Renewal
Previous user agreements have included a two -year term. To allow an organization time to
establish and build a strong program, an automatic annual renewal is included. Absent any
issues of non - performance, the RFQ process every two years is disruptive and counter-
productive to the goal of creating a long -term successful youth sports program.
An annual review and evaluation of the program will be conducted with the organization's
leadership and city staff. This will provide an opportunity to clarify expectations, identify needed
improvements and cooperation in possible fine - tuning.
Office Term Limits
Previous agreements restricted each officer of the organization's board to a one (1) two (2) year
term. To encourage development and consistency of volunteer leadership, lengthened officer
terms are allowed. Permitting a board member to continue service for two (2) three (3) year
terms per position will create more stable administration.
IMPLEMENTATION:
A Sports User Group meeting was hosted by the city on March 18, 2015 to review amended
standards and clarify protocols for reporting.
Previous User Group Agreements have been executed at different times during the calendar
year. To facilitate consistent review, all future agreements will be modified to run from November
1 through October 31. This is the most available, off - season time for all groups.
To establish these new protocols and allow Users to familiarize themselves with the new
agreement guidelines and processes, April 1, 2015 through October 31, 2015 was slated as a
compliance transition period.
All new agreements will be executed on November 1, 2015
The City Wit out limits,
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Linda Jones, Finance Director
SUBJECT: Budget Amendment -- Revenue Anticipation Note
DATE: October 9, 2015
BACKGROUND:
The City of Owasso and OPWA Trust Authority approved on October 6, 2015, the issuance of a
Revenue Anticipation Note in the amount of $330,000 for the purchase of police vehicles. To
account for the issuance of the debt by the OPWA, the transfer of funds to the Half -Penny Sales
Tax fund, and the purchase of the vehicles by the Police Department, the following budget
amendments are needed:
Debt service payments for the repayment of the RAN debt will be incorporated into the FY2017
and FY2018 budgets for the OPWA and the Half -Penny Sales Tax funds.
RECOMMENDATIONS:
Staff recommends approval of budget amendments to increase revenues and
expenditures for the OPWA by $330,000 each.
Staff recommends approval of budget amendments to increase appropriations for
revenues and expenditures in the Half -Penny Sales Tax fund by $330,000 each.
FY16
FY16
FY16 !:
_
Adopted
Budget
Revised
Appropriations
Fund
Budget
Increase
Budget
Revenues:
Proceeds of Debt
OPWA
199,260
330,000
529,260
Transferfrom OPWA
Half -Penny Sales Tax Fund
-
330,000
330,000
Expenditures:
Transferto Half -Penny Sales Tax Fund
OPWA
330,000
330,000
Police Capital Outlay
Half Penny Sales Tax Fund
450,980
330,000
780,980
Debt service payments for the repayment of the RAN debt will be incorporated into the FY2017
and FY2018 budgets for the OPWA and the Half -Penny Sales Tax funds.
RECOMMENDATIONS:
Staff recommends approval of budget amendments to increase revenues and
expenditures for the OPWA by $330,000 each.
Staff recommends approval of budget amendments to increase appropriations for
revenues and expenditures in the Half -Penny Sales Tax fund by $330,000 each.
T out Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: John W. Feary
SUBJECT: Resolution Endorsing the 2016 Tulsa Regional Chamber
OneVoice Legislative Agenda
DATE: October 9, 2015
BACKGROUND:
The OneVoice Legislative Agenda is the regional advocacy effort lead by the Tulsa
Regional Chamber. OneVoice includes more than 60 partners across the region, ranging
from municipalities to chambers of commerce and community organizations, as well as,
regional industry members. Through OneVoice, multiple task forces identify and prioritize
key issues every year. In the summer, these issues were brought together at the Regional
Legislative Summit, where attendees vote to define 10 state and 10 federal issues. These
priorities are then shared with state legislators and members of Congress via the regional
OneVoice Legislative Agenda, announced before state and federal sessions begin each
year.
The 2016 OneVoice Agenda has a wide array of focal points inclusive of both private
and public interests. In preparation for the upcoming year, several members of the
Owasso Chamber of Commerce and city staff were task force members and chairs for
the individual committees. Once the committees reached a consensus, the legislative
summit was held wherein over 400 citizens, businesses, legislators, councilors, educators
and community leaders met to determine 10 priorities for both the state and federal
agendas.
A vital part of the OneVoice process is the endorsement of the agenda by all community
partners and local government entities affiliated and involved in the development of the
agenda. The current Sr. Vice President of Government Affairs for the Tulsa Chamber,
Nick Doctor, has requested, on behalf of the Tulsa Regional Chamber, that Owasso join
in the endorsement of and advocacy for the 2016 OneVoice Legislative Agenda.
The established 2016 State Priorities are:
• Address the Teacher Shortage
• Expand Insure Oklahoma
• Build the Gilcrease Expressway
Municipal Funding Diversification
• Criminal Justice Reform
• Defend All Existing Road Funding & Dedicate Motor Vehicle Fees
• Modernize Oklahoma's Adult Beverage Laws
• Healthcare Workforce Expansion
• Fund Behavioral Health & Substance Abuse Services
Simplify Graduation Requirements
The established 2016 Federal priorities are:
• Position Tulsa for F -35 Operations
• Increased Appropriations for the McClellan -Kerr Arkansas River Navigation
System
• Multi -Year Reauthorization of Federal Surface Transportation Programs
• Passage of the Marketplace Fairness Act
• Arkansas River Corridor Development
• Continue and Expand Funding for Graduate Medical Education
• Long -term Insure Oklahoma Waiver Reauthorization
• Reauthorization of the Elementary and Secondary Education Act & the Higher
Education Act
• Federal Immigration Reform
• Eliminate Restriction on Oil and Gas Exports
PROPOSED ACTION:
Staff is proposing approval of a Resolution supporting the 2016 Tulsa Regional Chamber
OneVoice Legislative Agenda,
ATTACHMENTS:
Draft Resolution
2016 Tulsa Regional Chamber OneVoice Legislative Agenda
CITY OF OWASSO, OKLAHOMA
RESOLUTION 2015 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, SUPPORTING THE TULSA REGIONAL CHAMBER 2016
ONEVOICE LEGISLATIVE AGENDA.
WHEREAS, the Tulsa region lead by the Tulsa Regional Chamber has built a
Legislative Agenda for 2016; and
WHEREAS, this agenda is taken to Washington, DC each year to present as
OneVoice to members of congress and federal agencies; and
WHEREAS, the power of OneVoice at the state legislature shows solidarity and
needs for our region; and
WHEREAS, there is a need to efficiently and coherently deliver regional messages to
the state legislature; and
WHEREAS, the OneVoice Agenda places significant emphasis on legislative
priorities for the betterment of Owasso and Owasso citizens; and
WHEREAS, the City of Owasso desires to support the Regional OneVoice Legislative
Agenda efforts;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, that, to -wit:
The City of Owasso City Council hereby supports the Tulsa Regional Chamber 2016 OneVoice
Legislative Agenda and the Tulsa region's effort to accomplish the goals set forth in the 2016
OneVoice Legislative Agenda.
DATED this 20th day of October, 2015
Jeri Moberly, Mayor
ATTEST:
Sherry Bishop, City Clerk
(SEAL)
APPROVED AS TO FORM:
Julie Lombardi, City Attorney
m
2016 OneVoice Legislative Agenda
2016 State Priorities
Address the Teacher Shortage
Improve the ability of Oklahoma's K -12 public schools to attract and retain effective teachers by
increasing teacher pay, incentivizing education for new teachers, eliminating barriers for out -of -state
teachers and returning retirees, and improving job satisfaction. Specifically, Oklahoma should increase
its average teacher salary to a level competitive with surrounding states while exploring strategies to
reform step pay increases. The state should also create a student loan debt forgiveness program; offer
merit -based tuition waivers for aspiring teachers; add flexibility and affordability in obtaining teaching
certifications; offer extra support for English Language Learner and special education teachers; and
review statutes on teacher- student ratios. Oklahoma's ability to fill its growing teacher shortage with
quality, effective teachers is crucial to the college and career success of its students and the
sustainability of its workforce.
• Expand Insure Oklahoma
Expand Insure Oklahoma to reduce the number of uninsured Oklahomans by accepting federal funds.
This will create a healthier workforce, which is paramount to an economically viable Oklahoma.
Gilcrease Expressway
Support the building of the Gilcrease Expressway, in particular the Arkansas River Bridge through a
funding partnership with the City of Tulsa, Tulsa County, Oklahoma Department of Transportation,
Oklahoma Turnpike Authority and tribal governments to expedite this long overdue transportation
system.
Municipal Funding Diversification
Support legislation to preserve and diversify sources of revenue available to municipalities. Key
initiatives include preserving and strengthening cities' authority to promote economic develop
activities within their borders; and supporting collaborative efforts by municipalities and
telecommunications companies to identify a solution that reforms, upgrades, and funds 9 -1 -1 public
safety services delivered by municipalities.
Criminal Justice Reform
Support sentencing reforms and rehabilitation programs that enable nonviolent offenders to reenter
the workforce faster and reduce the financial strain on Oklahoma's criminal justice system. Overly -
punitive measures for drug users and other nonviolent offenders have given Oklahoma one of the
nation's highest incarceration rates, contributing to workforce shortages, harming economic growth
and overburdening taxpayers. A stronger focus on rehabilitation would reduce recidivism, lessen the
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2016 OneVoice Legislative Agenda
burden on prisons and safety net programs and enable more ex- offenders to contribute meaningfully
to Oklahoma's economy.
Defend Existing Road Funding and Dedicate Motor Vehicle Fees
Defend all existing road funding; prevent any diversion of monies; and support increased funding for
transportation by developing an adequate, comprehensive funding strategy and financing plan to
broaden the sources of funds and increase the total amount going to transportation statewide to
support the Oklahoma Department of Transportation's Eight Year Plan, the County Improvement for
Roads and Bridges Five Year Plan, the municipal Street and Alley Fund, and the expedited construction
of Oklahoma's planned weigh stations. Support moving the remaining twenty -five percent of motor
vehicle fees, which currently go into the state general revenue fund, to transportation priority areas
which may include state highways, city and county roads and bridges, and public transit.
Modernizing Oklahoma's Adult Beverage Laws
Support efforts to comprehensively modernize Oklahoma's adult beverage laws to encourage economic
development and job growth, meet market demand from our state's citizens, and create a competitive
marketplace for Oklahoma's businesses. Specific measures should include: eliminating the distinction
between low -point beer and stronger beer; permitting consumers to purchase beer and wine 7 days a
week; and allowing direct -to- consumer sales for small brewers, wineries and distilleries to promote
industry competition and growth.
Healthcare Workforce expansion
Expand the healthcare workforce in urban and rural Oklahoma through the following means: 1) fully
fund Physician Manpower Training Commission programs, including FQHC -based Teaching Health
Center primary care residency programs; 2) expand the Oklahoma Hospital Residency Training Act to
include community based training following the Teaching Health Center model; 3) utilize all available
state and federal resources for existing Teaching Health Center residency programs; and 4) support
reforms that will allow Nurse Practitioners and Physician Assistants with appropriate levels of training
and experience to practice to the full extent of their license without the physical presence of a
supervising physician.
Fund Behavioral Health and Substance Abuse Services
Support enhanced funding for both in- patient and out - patient treatment programs for behavioral
health and substance abuse services. This should include funding for the Oklahoma Department of
Mental Health and Substance Abuse Services' "Smart on Crime' initiative to reduce the need for
incarceration by identifying and treating behavioral health and substance abuse issues at early
diversion points within the criminal justice system.
M1�2 4
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2016 OneVoice Legislative Agenda
Simplify Graduation Requirements
j Simplify and strengthen Oklahoma's high school graduation requirements by replacing state - mandated
end of instruction assessments with the ACT, while including multiple indicators of student success.
This would reduce students' testing burden, allowing more time for classroom instruction; save costs
for families, schools and the state; and align graduation requirements with a nationally - benchmarked
measurement of student success that meets college and career expectations.
t
2016 OneVoice Legislative Agenda
2016 Federal Priorities
Position Tulsa for F -35 Operations
Support the Tulsa Air National Guard Base in positioning the 138th Fighter Wing for selection as an
operating location for the next generation fighter aircraft, the F -35 Lightning II. With an economic
impact of more than $530 million to the community, the base employs more than 1,200 citizen soldiers
and plays a key role in the defense of this nation and the continued vibrancy of the Tulsa region's
economy.
McClellan -Kerr Arkansas River Navigation System
Support increased appropriations for the McClellan -Kerr Arkansas River Navigation System (MKARNS)
to overcome the approximate $100 million in critical maintenance backlog projects which, per
definition of the Corps of Engineers, have a greater than 50% chance of failure within the next five
years. A single failure threatens to shut down the full navigational system causing severe economic
hardship for the businesses and consumers in Oklahoma who rely on the system. The economic impact
to Oklahoma's economy from such a shutdown is estimated to be $2 million per day. Additionally,
support efforts to establish an emergency response mechanism whereby industry, stakeholders, or
States can assist in addressing an infrastructure failure on the waterway through public /private
partnerships with the goal of reestablishing navigation as soon as possible.
Multi -Year Surface Transportation Reauthorization
Support the reauthorization of federal surface transportation programs (MAP -21), including robust
measures to permanently and adequately fund the Highway Trust Fund and continued flexibility for a
coordinated local- and state -based decision - making process. The economic success of our country
relies upon the strength of our transportation infrastructure. States must have long -term predictability
in planning to meet their infrastructure needs, and a sustainably funded Highway Trust Fund is critical
to providing that infrastructure security. Of key importance are the following regional high - priority
projects: widening of 1 -44 from 1 -244 east to the Will Rogers Turnpike; widening 1 -44 from the Arkansas
River west to 1 -244 (Red Fork Expressway); expansion of U.S. 169 to six lanes north to State Highway 20;
construction of a four -lane Port Road on Highway 266 from U.S. 169 to the Port of Catoosa, and from
the Port of Catoosa to 1 -44; expansion of US -75 to six lanes from State Highway 11 to State Highway 67;
and the implementation of high - priority transit corridors.
• Collection of Online Sales /Use Taxes
Support passage of the Marketplace Fairness Act or other federal legislation which will ensure that the
sales and use taxes already owed from online purchases are fairly and effectively reported, collected,
and remitted.
2016 OneVoice Legislative Agenda
Arkansas River Corridor Development
Support efforts to expedite the implementation of the Arkansas River Corridor Project for river
infrastructure improvements. Allow federal match credit to be accrued for state and local expenditures
in order to advance construction activity while preserving the Tulsa region's access to future federal
funding for this federally authorized project.
Graduate Medical Education
Support continued and expanded funding for Graduate Medical Education /Residency Programs
through the following efforts: (1) restore full funding and establish permanency to the Teaching Health
Center program in both rural and urban areas; (2) remove the cap on Medicare DGME and IME- funded
positions; (3) and reallocate unused residency slots from other states to existing residency /fellowship
programs, including THC programs, in Oklahoma with priority in current physician shortage areas.
Long -term Insure Oklahoma Waiver Reauthorization
Encourage flexibility in negotiations to grant a long -term reauthorization of Oklahoma's Section 1115
waiver for Insure Oklahoma. Uncertainty in the long -term future of Insure Oklahoma has hurt
enrollment and resulted in the exclusion of thousands of Oklahomans who would be eligible for
coverage even under current requirements.
ESEA and HEA
Support the reauthorization of the Elementary Secondary Education Act (ESEA) and the Higher
Education Act (HEA) and fully fund federal mandates.
• Federal Immigration Reform
Support comprehensive immigration reform that enables the U.S. to attract the best and brightest
talent from around the world. Steps should be taken to secure borders and establish reasonable,
affordable and efficient visa policies that empower American businesses to hire essential workers and
remove barriers for top talent to work in the U.S. Oppose further state legislation related to
immigration reform.
Eliminate Restrictions on Oil and Gas Exports
Eliminate all federal restrictions on the export of domestically produced oil and gas. U.S. oil and gas
production has grown significantly, but the current export restriction places an artificial ceiling on their
growth. The export of oil and gas would provide a positive trade benefit to the U.S. economy, while
strengthening domestic oil producers against their foreign competitors.
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City Wit ouf Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Karl Fritschen
Chief Urban and Long Range Planner
SUBJECT: Contract Execution - 2015 -16 CDBG Funds for a Sidewalk on N. 1271h E. Ave.
DATE: October 9, 2015
BACKGROUND
On April 7, 2015, the Owasso City Council approved Resolution 2015 -05 identifying the construction
of a sidewalk facility along N 1271h E Ave (Baptist Village area) as the 2015 -16 CDBG Project.
Resolution 2015 -05 also approved a cooperation agreement between the City of Owasso and the
Indian Nation Council of Governments (INCOG) to facilitate the receipt and administration of any
awarded CDBG funds. On September 8, 2015, INCOG forwarded the contract for the 2015 -16
CDBG project, which requires signatures from the City Manager, City Clerk, and City Attorney.
Once these signatures are executed, the document is returned to INCOG where signatures from
Tulsa County are obtained. The next step in the process is the release of the funds by the
Department of Housing and Urban Development, which typically occurs just after the beginning
of the New Year. Once the release of funds is announced by INCOG, the City may proceed
with preparing the bid packet for the project.
In April 2015, the Engineering Division of the Public Works department prepared a cost estimate
of $72,497.77 for the base project and $102,672.53 that includes an alternate that extends the
sidewalk 840 feet. The CDBG grant amount to the City is estimated to be $106,905.
CONTRACT EXECUTION:
As part of the CDBG process, a contract guaranteeing completing of the work as outlined is
required between Owasso and Tulsa County. The contract states that the City shall be
responsible for the oversight of the project titled "sidewalk along N 127th E Ave in the Baptist
Retirement Village development" and to meet the objectives of the Community Development
Block Grant program in accordance with the terms and conditions as set forth within the
contract. Further the City agrees to perform those duties, obligations, and representations
contained in the application to Tulsa County and are bound by the provisions of its application,
all amendments to said contract.
RECOMMENDATION:
The staff recommends City Council authorize execution of the attached contract with the required
signatures.
ATTACHMENTS:
2015 -16 CDBG Signed Application and Resolution 2015 -05
CDBG Contract
Project Map
Project Cost Estimate
FY2015 METRO CITY APPLICATION GUIDANCE
Due date for this Application is March 20, 2015
The CDBG program is authorized under Title I of the Housing and Community
Development Act of 1974, as amended.
The purpose of this Application Guidance is to provide assistance in preparing a
Community Development Block Grant- Metro City application for the FY2015
Tulsa County CDBG Urban County Program.
Eligible Entities
Cities included in the Tulsa County CDBG Urban County Metro City designation,
the funding allocation to the city, and the percentage of low and moderate
income population for each is listed below:
Proposed Percentage
Applications should be submitted to:
INCOG
Claudia Brierre
2 West 2nd Street, Suite 800
Tulsa, OK 74103
cbrielTeQincog.org
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National Objective
The primary National Objective of the Community Development Block Grant
(CDBG) Program is the "development of viable urban communities by providing
decent housing and a suitable living environment, particularly for persons of low
and moderate incomes." All project proposals submitted for funding through the
CDBG Program must document the achievement of at least one of the following
National objectives:
Guidance
Community Development Block Grant (CDBG)
2015 Tulsa County Urban County
Page 1 of 6
Allocation
Low /Mod
Amount
Population
Broken Arrow (infrast.)
$369,450
24.60
Bixby
$71,978
18.38
Jenks
$44,009
18.81
Owasso
$120,133
23.27
Sand Springs
$70,035
28.97
Sapulpa
$128,493
43.73
Applications should be submitted to:
INCOG
Claudia Brierre
2 West 2nd Street, Suite 800
Tulsa, OK 74103
cbrielTeQincog.org
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National Objective
The primary National Objective of the Community Development Block Grant
(CDBG) Program is the "development of viable urban communities by providing
decent housing and a suitable living environment, particularly for persons of low
and moderate incomes." All project proposals submitted for funding through the
CDBG Program must document the achievement of at least one of the following
National objectives:
Guidance
Community Development Block Grant (CDBG)
2015 Tulsa County Urban County
Page 1 of 6
• Provide benefit to low and moderate income persons.
• Aid in the prevention or elimination of slums or blight.
• Meet other community development needs having particular urgency,
posing a serious or immediate threat to the health or welfare of a
community.
Most CDBG applicants qualify their project activities under the National Objective
of benefit to low and moderate income persons. Applicants are cautioned that
qualifying a project under slum or blight or urgent need is a difficult process that
has very limited application and can only be used under special conditions and
circumstances. Therefore, you are urged to qualify your proposal under benefit to
low and moderate income persons. Applicants who qualify a proposal using slum
and blight or urgent need must receive guidance and approval from INCOG.
To qualify for CDBG funding under the National Objective of benefit to low and
moderate income persons, the proposed project activities must show a positive
or general improvement of living condition in a definable geographic target area
where at least 51 % of the occupied households /homes are of low and moderate
income families. Low and moderate income families have an income equal to or
less than the current Section 8 low income limits established by the United
States Department of Housing and Urban Development (HUD). Each activity
proposed for funding with Community Development Block Grant(CDBG) dollars
claiming the National Objective of benefit to low and moderate income persons,
must provide data indicating the percentage of low and moderate income
beneficiaries.
Application Criteria
1. No matching funds are required.
2. No administration expenses will be funded with CDBG funds.
3. Engineering is a permissible use of CDBG funds.
4. Income surveys of the project target area must be conducted. The use of
Census Tract or Block Group data to document the percentage of low and
moderate income beneficiaries for any CDBG funded activity should receive prior
INCOG review and approval.
5. Applicants must hold an application phase Public Hearing informing citizens of
the proposed project and submit documentation of the Public Hearing with this
application. Notice must be given at least 7 days prior to the public hearing by
publication in jurisdiction newspapers; or by posting at city halls. Acceptable
documentation consists of the affidavit of publication or a copy of the newspaper
article announcing the public hearing, or copy of certified posted notice. Tulsa
County has prepared a Citizen Participation Plan on behalf of the Urban County
communities; therefore, the individual community does not need to prepare a full
Citizen Participation plan.
Guidance _
Community Development Block Grant (CDBG)
2015 Tulsa County Urban County
Page 2 of 6
6. Specific projects identified in the application must have cost estimates derived
from professional sources. Water and wastewater projects that require
Oklahoma Department of Environmental Quality construction permitting must
have certified cost estimates from a professional engineer licensed to work in
Oklahoma. For other types of projects, professional cost estimates may be
derived from architects, engineers, vendors, construction companies, or
appropriate personnel qualified to make such estimates.
Use of Funds
The CDBG Program funds a broad array of projects and activities including but
not limited to the following:
• Water and wastewater system improvements
• Solid waste
• Fire protection
• Streets
• Neighborhood Parks
• Housing activities including construction, emergency repair, rehabilitation
• Acquisition of real property for eligible public purposes
• Clearance, demolition and removal of buildings and improvements
• Senior citizen centers
• Gas and electrical system improvements
• Removal of architectural barriers associated with handicapped areas
• Storm water drainage improvements
• Economic Development
• Social services- (City of Broken Arrow only)
Guidance regarding eligibility requirements can be found in 24CFR 570.201 of
the Federal Housing and Community Development Act of 1974, as amended.
Proposal Guidance
Applicants are encouraged to contact the staff persons listed below with
questions regarding program requirements, project conceptualization, or any
portion of the Application Packet and /or Guidelines.
Claudia Brierre
579 -9431
Barbara Albritton
579 49420
Steve Boettcher
579 79453
Guidance
Community Development Block Grant (CDBG)
2015 Tulsa County Urban County
Page 3 of 6
Required Application Documents
1. Application Summary
This form contains information about the specific project and includes a
certification from the local government attesting to the accuracy.and
completeness of the application. The certification form must be completed and
signed by the chief elected official of the local government.
2. Line Item Budget (Application Form Attachment A)
The description of project activities along with a budget (form provided as
Attachment A) should be as specific as possible as they will form the basis of
your contract. This Budget should match Professional Cost Estimates submitted
with the application.
3. Direct Project Beneficiary Income Survey (Survey Summary
Form Attachment B)
Income surveys for each proposed CDBG funded activity are a requirement
unless using census tract or block group data.
Determination of project beneficiaries:
City -wide- An activity which will serve the entire city (such as wastewater
treatment), provided that the city has a low and moderate income percentage at
or above 51 %. If the LMI percentage is below 51%, an income survey with a
75 %e response rate must be provided.
Area benefit- An activity which benefits all the residents in a particular area
where at least 51 percent of the residents are low and moderate income
persons. Examples would include resurfacing of a collector street or
construction of a fire department substation.
Direct benefit- An activity which requires information on household size and
income so that it is evident that at least 51 percent of the clientele are persons
whose household income does not exceed the low and moderate income limit; or
an activity which has income eligibility requirements which limit the activity
exclusively to low and moderate income persons.
Presumed benefit- Benefit a clientele that is generally presumed to be
principally low and moderate income persons. Activities that exclusively serve a
group of persons in any one or a combination of the following categories may be
presumed to benefit 51 percent low- and moderate - income persons: abused
children, battered spouses, elderly persons, adults meeting the Bureau of the
Census' Current Population Reports definition of "severely disabled," homeless
persons, illiterate adults, persons living with AIDS, and migrant farm workers.
Guidance
Community Development Block Grant (CDBG)
2015 Tulsa County Urban County
Page 4 of 6
Guidelines to identify specific beneficiaries for various activities:
• Water or Wastewater Line Replacement or Rehabilitation. Those
households directly tapped to or receiving improved service from the lines.
Generally,, beneficiaries are considered those persons residing in houses who
receive their water through new, replaced or upgraded lines, or houses that
discharge sewage into or through an improved collection line or main en route to
the treatment plant.
• New Wastewater or Water Extensions to Previously Un- served Areas. The
households /homes that will actually be connected to the wastewater or water line
extensions. Service to newly- constructed subdivisions will not be funded due to
environmental review requirements.
• Flood and Drainage Improvements. Households /homes within the recognized
drainage basin.
• Fire Protection. Households /homes (buildings, vehicles and equipment)
residing within the response area of the fire station; or using actual residential
calls made by a fire station over the prior 12 month period, conduct a survey of
those residences obtaining no less than 75% response rate.
• Senior Citizen Centers and Community Centers. Households /homes within
the designated service area of the proposed center. If there is only one center in
the community, the service area can be considered to be the entire community. If
there is more than one center, then the Applicant must delineate the service area
of each center. Senior Citizen Centers are presumed to benefit low and
moderate income persons.
• Demolition /Clearance /Removal of Junk and Debris and /or Abandoned
Inoperative Vehicles. Households /homes within the geographic area
designated to receive the focus of the demolition, clearance and /or removal
activities. Typically, the properties located within the geographic area designated
to receive the demolition /removal activities are considered to be beneficiaries.
• Provision of Accessibility for the Handicapped to Public Buildings.
The households /homes within the geographic area that receive services from the
assisted public building(s). Providing handicapped access to a city hall would
provide benefit to the households /homes in the entire city. Proposed
handicapped access activities in connection with limited clientele facilities are
presumed to benefit low and moderate income persons.
• Street Improvements /Sidewalk Improvements: The households /homes that
have at least one property line abutting the improvement.
Guidance
Community Development Block Grant (CDBG)
2015 Tulsa County Urban County
Page 5 of 6
4. Identification of Other Project Funding Sources (Application
Form Attachment C)
Match and leverage are not required for the grant, but should be identified if
applicable to the project.
5. Certified Engineering Reports and Professional Cost
Estimates (Application Form Attachment D)
Water and wastewater projects that require Oklahoma Department of
Environmental Quality construction permitting must have certified cost estimates
from a professional engineer licensed to work in Oklahoma. For projects not
requiring DEQ permits, professional cost estimates must be derived from
architects, engineers, vendors, construction companies, or appropriate personnel
to make such estimates, and submitted with the application.
6. Applicant Resolution (Application Form Attachment E)
Applications must include a Resolution passed by the governing body requesting
CDBG assistance from the Tulsa County Urban County program. A sample
Resolution is provided as Attachment E of the application.
Guidance
Community Development Block Grant (CDBG)
2015 Tulsa County Urban County
Page 6 of 6
TULSA COUNTY URBAN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
Required Documents (Metro Cities and Competitive Category)
✓ W -9 Form
✓ Documentation of Current Registration in SAM
✓ Public Hearing Documentation: Affidavit of publication or certified posted
notice.
✓ Application Summary Page which includes
• Project Title
• Detailed Project Description
• Map with target area and Census Tract /BG clearly marked
• Number of population served
• Census Tract(s) and Block Groups(s) identified
✓ Application Certification
✓ Attachment A:
✓ Attachment B:
✓ Attachment C:
✓ Attachment D:
Report
✓ Attachment E:
Line Item Budget
Income Survey Summary Form
• Completed form if Income Survey
• LM Percentage ( %) if using CT /BG data
Other Project Funding Sources
Certified Professional Cost Estimates /Engineering
Resolution
Additional Documents Required of Competitive Category Applications
✓ ORANGE Competitive Bid Envelope from Tulsa County
✓ Affidavit for Filing with Competitive Bid form
✓ Health and Safety /Impact Documentation
• Legal Enforceable order
• Demonstrated Health and Safety Benefits documentation
• Capital Improvements Plan or Long -Range Plan citation
✓ Project Timeline
Application
Community Development Block Grant (CDBG)
2015 Tulsa County Urban County
Page 1 of 2
TULSA COUNTY URBAN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
1. Name of Unit of Local Government Citv of Owasso
Mailing Address PO Box 180
Physical Address 111 N. Main
Owasso, OK
Zip
Code
+4 74055 -0180
Phone Number 918.376.1515
Fax #
918.376.1597
FEW 73- 6069613
DUNS 736069613
Chief Elected Official Mayor Jeri Moberly
Clerk Ms. Sherry Bishop
2. Name of Staff Contact Karl Fritschen, AICP
Phone Number 918.376.1545 E -mail kfritschen@cityofowasso.com
3. Project Title, Detailed Description of Project
(Attach additional detail as needed. Provide Map)
The project for the 2015116 CDBG funding cycle is the construction of a new 6' wide
sidewalk along N. 127h E. Ave. in the Baptist Retirement Village development. The
sidewalk will serve to connect the new children home with points to the south and will be
approximately 1065 linear feet in length.
4. Number of population served: Approx. 900
x Census Tract /Block Group # 58.05 BG 3
❑ Household Income Survey
5 Project Budget Summary:
CDBG Funds
Other Sources
$ $106,905
Total $ 106,905
Application
Community Development Block Grant (CD6G)
=5 Tulsa County Urban County
Page 2 of 2
TULSA COUNTY URBAN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
APPLICATION CERTIFICATION -I
The Applicant hereby certifies that all of the information contained in this application for
community development assistance through the Tulsa County CDBG Urban County
Program is true and accurate to the best of my knowledge and that all documentation
supporting the information in this application is on file in the official offices of this unit of
local government, available for review by Tulsa County /HUD during normal business
hours. The Applicant also affirms that none of the activities set forth in this application
have been initiated, nor shall they be initiated unless a' grant has been awarded, a
contract fully executed, and notice has been issued by Tulsa County that release of
funds requirements have been met.
Jeri Moberly. Mayor
(Type) Name and Title of Chief Elected Official Date
x
Sign re of Chief Elected 'Official (S E A L V(t OF
OPPICIAL o
State of Oklahoma BE' AL
County of `f uli.sa
Attest:
Subscribed and sworn b ore me —AR (:L —1 2015
Clerk
Application
Community Development Block Grant (CDBG)
2015 Tulsa County Urban County
Page 3 of 2
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
2015 TULSA COUNTY URBAN COUNTY
BUDGET
Name of Applicant:
firma fly, 14011119-11
Itemized Description of
Construction Activity
Funding Source Funding Source
CDBG Grant City
Funding Source Total Project
Other Expenditures
Construction of a 6` wide sidewalk
$106,905.00
along N. 127th B. Ave.
$
Total Construction Activity
$106,905
$ -
Professional & Non Construction"
Engineering /Architect Funds
$
Inspection Funds
Other: Survey
Other: Publishing
Total Professional & Non Const.
$ - $ -
$ $
Administrative Costs
Public Administrative Funds
$ - - - - - --
$
Direct Administrative Funds
$ - - - --
Total Administrative Costs
$0.00
$
Total Project Costs
$106,905,00
$106,905.00
2015 Tulsa County CDBG Urban County If additional is space needed, attach additional sheet(s)
Budget
Activity Name:
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
TULSA COUNTY URBAN COUNTY
DIRECT PROJECT BENEFICIARY INCOME SURVEY SUMMARY FORM
ATTACHMENT B
nc no-rn, e,=n =onnn TW= un t¢=unl n Ct IRVcV IAI PA('W APPPn PPIATP MN I IRAN
Total Number of Occupied Households /Homes In Activity I arget Area =
Total Number of Persons in Activity Target Area =
Total Number of Occupied Households /Homes Surveyed in Activity Target Area =
Total Number of Persons Accounted for by the Survey in the Activity Target Area =
Total Number of Households Below the Low and Moderate Income Level in the Activity Target Area =
Percentage of Total Households Below the Low and Moderate Income Level in the Activity Target Area = %
I hereby certify that the above information was obtained from the occupants of the addresses listed and the information is accurate:
City-wide Low and Moderate Income Level
(For use only when projects are of City -wide benefit.)
x
Signature of Chief Executive Official
[Seal)
Subscribed and sworn to before me
Commission
Community Development Block Grant (CDBG)
2015 Tulsa County Urban County
Beneficiary Income Survey Summary — Attachment B
Date
20_ My commission expires
Clerk/Notary Signature
HUD Census Data for Low and Moderate Income
Level for Block Groups, Enumeration Districts
or Census Tracts as Provided by HUD (For use
only when a projects target area boundaries are
identical to BG, ED or Tracts) %
20
Insert County Income Levels
$33,150
$37,900
$42,650
$47,350
$51,150
$54,950
$58,750
$62,550
Number of People in Each Household
1
2
3
4
5
6
7
8
Below or Above the County
Income Levels
Below Above
Below Above
Below Above
Below Above
Below Above
Below Above
Below Above
Below Above
0
0
Total Number Of Households
Total Number of Occupied Households /Homes In Activity I arget Area =
Total Number of Persons in Activity Target Area =
Total Number of Occupied Households /Homes Surveyed in Activity Target Area =
Total Number of Persons Accounted for by the Survey in the Activity Target Area =
Total Number of Households Below the Low and Moderate Income Level in the Activity Target Area =
Percentage of Total Households Below the Low and Moderate Income Level in the Activity Target Area = %
I hereby certify that the above information was obtained from the occupants of the addresses listed and the information is accurate:
City-wide Low and Moderate Income Level
(For use only when projects are of City -wide benefit.)
x
Signature of Chief Executive Official
[Seal)
Subscribed and sworn to before me
Commission
Community Development Block Grant (CDBG)
2015 Tulsa County Urban County
Beneficiary Income Survey Summary — Attachment B
Date
20_ My commission expires
Clerk/Notary Signature
HUD Census Data for Low and Moderate Income
Level for Block Groups, Enumeration Districts
or Census Tracts as Provided by HUD (For use
only when a projects target area boundaries are
identical to BG, ED or Tracts) %
20
Attachment C
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
TULSA COUNTY URBAN COUNTY
INDENTIFICATION OF OTHER PROJECT FUNDING SOURCES
Federal /State participation, if any (loans, grants, etc.) provide commitment fetters.
Agency Purpose Amount Present Status Comment
Other sources and amount of project financing including applicant's local contribution, if any.
Agency
Purpose
Amount
Present Status Comment
x
Chief Elected Signature Date
Other Funding Sources — AttachmentC .-
Community Development Block Grant
2015 Tulsa County Urban County
Page I of I
ATTACHMENT D
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
2015 TULSA COUNTY URBAN COUNTY
Attach Certified Professional Cost Estimates /Engineering Report (where
applicable)
The estimated cost for the project has been prepared by the Engineering Division of the Owasso
Public Works Department. At this time the project is estimated to cost $102,672.53 with the
alternate.
ATTACHMENT E
CITY OF OWASSO, OKLAHOMA
RESOLUTION 2015 -05
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
2015 TULSA COUNTY URBAN COUNTY
WHEREAS, the Housing and Community Development Act of 1974, as amended (24 U.S.C. 93-
383 et sec.), (the "Act "), provides that Community Development Block Grant, ( "CDBG'), funds may
be used for the support of activities that provide decent housing and suitable living environments
and expanded economic opportunities principally for persons of low- and moderate - income; and,
WHEREAS, CDBG Regulations 24 CFR 570.307(a) allow counties having a total combined
population of 200,000 or more from the unincorporated areas and participating incorporated areas
to qualify as an urban county; and,
WHEREAS, Title I of the Housing and Community Development Act of 1974, Public Law 93 -383, as
amended, authorized the Secretary of Housing and Urban Development, as a representative of the
United States of America, to grant to Tulsa County funds and administrative responsibility for the
Tulsa County CDBG Urban County program; and
WHEREAS, a Cooperation Agreement between Tulsa County and the City has been executed for the
purpose of participation in the Tulsa County Urban County Community Development Block Grant
Program for Federal Fiscal Years 2014 -2016; and,
NOW THEREFORE, BE IT RESOLVED by the City Council that the City of Owasso desires to obtain
assistance in addressing community development needs and hereby requests the Tulsa County
CDBG Urban County program to provide assistance.
NOW THEREFORE, BE IT FURTHER RESOLVED by the City Council that the City of Owasso
affirms its commitment to take all action within its power to facilitate the receipt of the assistance of
community development funds, and upon receipt to administer said grant by the rules and regulations
established by the United States of America, the State of Oklahoma, Tulsa County and all
empowered agencies thereof.
ADOPTED this 7th day of April 2015, at a (regularly or specially) scheduled meeting of the
governing body, in compliance with the Open Meeting Act, 25 O.S. §§ 301 -314 (2001).
Ms. Jeri Moberly Mayor
(Type) Name and Title of Chief Elected Official
Sign re of Chief Elegy to ial
(SEAL) Gj�' O
Alta t: F oLL
Subscribed and sworn to b fore me Sri, -1 20 15
orvrAL
Clerk Signa re "
0k AHOO"
O—TIe City Wa APpROVEED
TO: The Honorable Mayor and City Council APR 0 i 1��5
City of Owasso
FROM: Karl A. Fritschen
Chief Urban and Long Range Planner
SUBJECT: Community Development Block Grant (CDBG 15(16)
Resolution 2015 -05
DATE: April 3, 2015
BACKGROUND:
As a member of the Tulsa Urban County Community Development Block Grant (CDBG) program,
the City of Owasso is eligible to apply for CDBG funds for 2015/16. The application is made through
Indian Nation Council of Governments (INCOG), the local agency responsible for approval of
projects and distribution of funds.
The primary national objective of the CDBG Program is the "development of viable urban
communities by providing decent housing and a suitable living environment, particularly for persons
of low and moderate incomes:' All project proposals submitted for funding through the CDBG
Program must document the achievement of at least one of the following national objectives:
➢ Provide benefit to low and moderate income persons
➢ Aid in the prevention or elimination of slums or blight
➢ Meet other community development needs having particular urgency, posing a serious or
immediate threat to the health or welfare of a community
On February 17, 2015, INCOG provided staff with information regarding the 2015 -16 CDBG
application cycle, INCOG indicated they need a completed application, which includes a public
hearing, resolution and cooperation agreement no later than April 16, 2015. There have also been
some significant changes to the CDBG program and in particulorwith Owasso's qualifying area,
CHANGES TO THE QUALIFIED AREA:
In 2014, the census tracts in Owasso and across the country were re- evaluated based on new
income limit information provided by the Department of Housing and Urban Development (HUD),
who administers the CDBG funding program. As a result of these changes, the City of Owasso lost a
significant amount of area that formerly qualified under the old income limits. What this means is
that the city can only spend its CDBG allocation in these newly mapped areas (see attached
map), unless targeted areas are identified through individual income surveys,
To qualify for CDBG funding under the national objective of benefit to low and moderate income
persons, the proposed project activities must show a positive or general improvement of living
conditions in a definable geographic target area where at least 51% of the occupied households
are of low and moderate income families. Low and moderate income families have an income
equal to or less than the current Section 8low income limits established by HUD. HUD defines this as
a family of three having a total household income of $42,650 or less or a family of four having a
household income of $47,650. The old limits were $43,500 and $48,300 respectively.
A door to door survey was conducted about 3 years ago to qualify the area north of City Hall and
adjacent to Rayola Park. At that time, based on the old income limits, these areas qualified. Staff
inquired to INCOG about continuing to utilize this survey information, and was told that we could.
However, upon reviewing the survey data, it was determined that these areas no longer qualified
under the new income limits. As a result, CDBG funds can no longer be spent in these areas unless
a new survey is conducted. Due to limited time available for this year's funding cycle and
application deadline, performing a survey and compiling the data is not possible. INCOG has
informed staff that Owasso will receive around $106,905 for the 2015/16 CDBG allocation. However,
this number may increase slightly, as INCOG is disputing some demographic Information from HUD.
PAST CDBG PROJECTS:
In the past, Owasso has utilized CDBG monies for making sidewalk, sanitary sewer, and park
improvements. In 2011/12, the project selected was a major upgrade to the skate park, a project
that has provided recreational opportunities for Owasso's youth. For 2012/13, the project selected
was repair and rehabilitation to sidewalks, curbs, and gutter in the qualifying area. The 2013/14
funds were used to upgrade playground equipment at Rayola Park. In 2014/15, the funds are
being used to build a wide sidewalk connecting Rayola Park with N 811, Street and then sidewalk
repairs along N. Elm Street. A map has been attached with this memo indicating past CDBG
projects within the former qualifying area geography.
RECOMMENDED PROJECT:
Staff has developed a recommended project for the utilization of the 2015/16 CDBG funds. The
qualifying area has been reduced significantly leaving only areas near Baptist Retirement
Village, Keys Landing, and the Police Gun Range available, Therefore, the selected project for
2015/16 funding cycle is a sidewalk improvement in the Baptist Retirement Village development,
specifically along N 1271h E Avenue. This project will provide a sidewalk along the east side of N
1271h E Avenue connecting the new children's home with points to the south.
Staff believes that installation of the new sidewalks will provide quality of life improvements and
provide more equitable access to citizens in the qualifying area. Staff would utilize City of
Owasso engineers for the design of the project, providing a major cost savings. A map has been
provided with this memo indicating the general location of the proposed improvements
PUBLIC HEARING:
When a CDBG project is in the application phase, a public hearing is required allowing citizens to
comment concerning the recommended project or suggest another project they feel should be
considered. A public hearing is being held at the April 7, 2015 City Council Meeting in
conjunction with the project. selection and execution of the CDBG application.
RECOMMENDED ACTION:
Staff recommends approval of Resolution 2015 -05, requesting assistance from the Tulsa County
CDBG Urban County Program and approval of the application identifying a sidewalk facility along
N. 127th E. Ave, as the preferred project for the 2015/16 funding cycle and authorizes the Mayor to
execute the necessary documents.
ATTACHMENTS:
CDBG Application with Resolution 2015 -05
Map - CDBG Qualifying Areas )Low -Mod Block Groups Updated 2014)
Map -- Former CDBG Qualifying Areas and Past Projects
Map - Map showing Proposed CDBG Project
Contract For Public Improvements
For Community Development Block Grant Program
This Contract for Community Development Block Grant ( "CDBG ") funds is made and
entered into this day October 2015 by and between Tulsa County ( "COUNTY "), and
the City of Owasso ( "CITY ").
This Contract shall be in effect the 1st day of July 2015 and shall be in effect through the 30th
day of June 2016. The Contract period may be extended by mutual agreement of both
parties.
WHEREAS, the Housing and Community Development Act of 1974, as amended (24
U.S.C. 93 -383 et seq.), (the "Act "), provides that Community Development Block Grant,
( "CDBG "), funds may be used for the support of activities that provide decent housing and
suitable living environments and expanded economic opportunities principally for persons
of low- and moderate - income; and,
WHEREAS, CDBG Regulations 24 CFR 570.307(a) allow counties having a total
combined population of 200,000 or more from the unincorporated areas and participating
incorporated areas to qualify as an urban county; and,
WHEREAS, a Cooperation Agreement between the County and the City has been
executed for the purpose of participation in the Tulsa County Urban County Community
Development Block Grant Program for Federal Fiscal Years 2014 -2016; and,
WHEREAS, the City desires to enter into a Contract with Tulsa County, as lead entity of
the Tulsa County Community Development Block Grant Urban County Program (CFDA
14.218) pursuant to Title I of the Housing and Community Development Act of 1974, as
amended; to receive an allocation of FY2015 Tulsa County CDBG Urban County funds for the
purpose of public improvements (B- 15- UC -40- 0001);
NOW THEREFORE, the parties do mutually agree as follows:
I. Scope of Services
The City shall be responsible for the oversight of a project titled
Construction of a new 6' Wide sidewalk along North 127th East Avenue, in
the Baptist Retirement Village development. The sidewalk will serve to
connect the development with points to the south and will be approximately
1065 linear feet in length. Sidewalk project to meet the objectives of the
Community Development Block Grant program in accordance with the
terms and conditions as set forth herein.
The City agrees to perform those duties, obligations, and representations
contained in its application to Tulsa County and to be bound by the
provisions of its application, all amendments thereto and all
correspondence relating thereto, which were submitted to and accepted by
Tulsa County in contemplation of this contract, said application being
incorporated herein and made a part hereof by reference.
II. Budget
The City shall be allocated $106,905.00 from Fiscal Year 2015 Tulsa
County CDBG Urban County funds for infrastructure improvements.
III. Performance Measurement
The project must be under construction with a Notice To Proceed issued no
later than 180 days from the date of approval of this contract by the County.
Failure to commence construction within the timeframe may result in
withdrawal of CDBG funds by the County for noncompliance of timely
expenditure of funds.
IV. Method Of Payment
a. Payment will be made to the City on either a reimbursement of paid
invoices basis or submission of actual payable invoices. The City shall
submit a 'Request for Funds" form to the program administrator, INCOG,
for approval and payment by Tulsa County.
b. City will maintain proper financial records for the project, which the County
reserves the right to inspect on a periodic basis.
C. In no event will the total compensation to be paid hereunder exceed the
expressly agreed maximum sum of One Hundred Six Thousand Nine
Hundred and Five Dollars ($106,905.00) for all services required.
V. Reversion of Assets
After reconciliation of the project books and submittal of remaining unpaid
claims to the County, the City shall return any unused CDBG funds within
30 days of the date this agreement terminates or expires.
GENERAL TERMS AND CONDITIONS
Subcontract Notification Provision
None of the work and services covered by this contract may be subcontracted without written
consent of the County. Any work or services subcontracted hereunder shall be specified by
written agreement and shall be subject to each provision of this agreement. In no event will
the City incur any obligation on the part of the County.
Modification
This contract is subject to such modification as may be required by federal or state law or
regulations. The work and services to be performed and the total contract amount may be
modified only upon written agreement of both parties.
Disputes, Interpretation, Remedies
a. In the event the parties fail to agree on interpretations of this contract, the details of
such disagreement shall be forwarded to the legal counsels of both parties for review
and recommendation and such recommendations forwarded to HUD, who shall make
the final determination.
b. Neither forbearance nor payment by the County shall be construed to constitute waiver
of any remedies for any default or breach by the City that exists then or occurs later.
Severability Clause
If any provision under this contract or its application to any person or circumstance is held
invalid by any court of competent jurisdiction, such invalidity does not affect any other
provision of this contract or its application that can be given effect without the invalid provision
or application.
Hold Harmless Clause
City shall, within limitations placed on such entities by any law, hold harmless the United
States government, its agents, officers, and employees and the County, its agents, officers,
and employees from all claims and actions, and all expenses defending same, that are
brought as a result of any injury or damage sustained by any person or property which injury or
damage is legally determined to be caused by any act or omission of City committed within the
performance of its duties under this contract. City shall, within limitations placed on such
entity by any law, hold harmless the United States government, its agents, officers, and
employees and the County, its agents, officers and employees from any claim or amount
recovered as a result of infringement of patent trademark, copyright, or from any claim or
amounts arising or recovered under Workers' Compensation Laws, to the extent such claims
arise out of acts committed in furtherance of this contract. In any agreement with any sub -
recipient or any agent for City, City will specify that such sub - recipient or agents shall hold
harmless the United States government, its agents, officers, and employees, and the County
its agents, officers and employees for all the herein before described expenses, claims,
actions, or amounts recovered, which is legally determined to be caused by this sub - recipient
or agent in the performance of their duties relating to this contract.
Personnel
a. The City represents that it will secure all personnel required in performing the services
under this contract. Such personnel shall not be employees of or have any contractual
relationship with the County.
b. The City has full responsibility for payment of worker's compensation insurance,
unemployment insurance, social security, state and federal income tax and any other
deductions required by law for its employees.
C. All of the services required hereunder will be performed by the City or under its
supervision and all personnel engaged in the work shall be fully qualified and shall be
authorized or permitted under state and local law to perform such services.
Termination of Contract for Cause
If, through any cause, the City shall fail to fulfill in a timely and proper manner his /her
obligations under this contract, or if the City shall violate any of the covenants, agreements, or
stipulations of this contract, the County shall thereupon have the right to terminate this
contract by giving written notice to the City of such termination and specifying the effective
date thereof, at least 15 days before the effective date of such termination. In such event, the
City shall be entitled to receive just and equitable compensation for any work satisfactorily
completed hereunder.
Not withstanding the above, the City shall not be relieved of liability to the County for damages
sustained by the County by virtue of any breach of the contract by the City.
Termination of Contract for Convenience
Either the City or the County may terminate this contract at any time by giving at least 15 days
notice in writing to the other party. If the contract is terminated as provided herein, the City will
be paid for the services provided and all allowable expenses incurred up to the termination
date.
Conflict of Interest
No member of the governing body of the City, and no other officer, employee, or agent of the
City who exercises any function or responsibility in connection with the planning and carrying
out of the program, shall have any personal financial interest, direct or indirect, in this
agreement, and the City shall take appropriate steps to assure compliance.
Interest of City and Employees
The City covenants that it presently has no interest and shall not acquire interest, direct or
indirect, in the project area or any parcels therein or any other interest which would conflict in
any manner or degree with the performance of his services hereunder. The City further
covenants that in the performance of this agreement no person having any such interest shall
be employed.
Reports and Information
The City, at such times and in such forms as the County may require, shall furnish the County
such periodic reports as it may request pertaining to the work or services undertaken pursuant
to the contract, costs and obligations incurred or to be incurred in connection there with and
any other matters covered by this contract.
City shall furnish the County narrative reports and financial reports related to the elements of
this contract in the forms and at such times as may be required by the County or federal
grantor agencies.
Compliance with Local Laws
The City shall comply with all applicable laws, ordinances and codes of the state and local
governments.
Copyright
No reports, maps, or other documents produced in whole or in part under this contract shall be
the subject of an application for copyright by or on behalf of the City.
Records and Audits
City shall retain all books, documents, papers, records, and other materials involving all
activities and transactions related to this contract for at least five (5) years from the date of
submission of the final expenditure report or until all audit findings have been resolved,
whichever is later. City shall, as often as deemed necessary by the County, permit authorized
representatives of the County and its Auditors, the U.S. Department of Housing and Urban
Development, the federal or state Department of Labor and the U.S. Comptroller General to
have full access to and the right to fully examine all such materials.
The City shall comply with OMB circulars A -110 and A -122 requirements, where applicable.
The OMB circulars are hereby made a part of this contract. The City shall provide a copy of its
annual audit to the County for the periods of these CDBG funds within the earlier of 30 days
after the City's receipt of the auditor's report or nine months after the end of the audit period.
Federal Funds in Excess of $750,000
If the City expends $750,000 or more in a year in Federal awards from all sources, the City
shall comply with OMB circular A -133 requirements and have a Single Audit conducted. This
OMB circular is hereby made a part of this contract. The City shall provide a copy of its A -133
audit to the County for the periods of these CDBG funds within the earlier of 30 days after the
City's receipt of the auditor's report or nine months after the end of the audit period.
Anti - Kickback Regulations
The City shall comply with all applicable anti - kickback regulations covered under the
Department of Labor Regulation 29 CFR, Part III.
Equal Employment Opportunity
The City shall comply with the following equal opportunity requirements as part of CDBG
assurances:
a. Civil Rights Act of 1964, Title VI
City shall comply with Title VI of the Civil Rights Act of 1964, which provides
that no person in the United States shall on the grounds of race, religion,
color, or national origin be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under any program
or activity for which the applicant receives federal financial assistance.
Housing and Community Development Act of 1974, Section 109
City shall comply with Section 109 of the Housing and Community
Development Act of 1974, which provides that no person in the United
States shall on the grounds of race, color, religion, national origin or sex be
excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity funded under the Act.
c. Housing and Urban Development Act of 1968, Section 3
City shall comply with Section 3, which provides that to the greatest extent
feasible, training and employment opportunities shall be made available to
lower- income residents of the unit of local government or metropolitan area
(or non - metropolitan county) in which the project is located and that
contracts be awarded to small businesses located within or owned in
substantial part by residents of the same metropolitan area (or non -
metropolitan county) as the project.
d. Affirmative Action
City shall take affirmative actions steps to contract with small and minority
owned firms and women business enterprises in a part of the requirements
of 24 CFR Part 85.36 or 24 CFR Part 570, Sub -part J. Affirmative Actions
steps include, but are not limited to, the following:
Including qualified small, minority and women business enterprises on
solicitation lists.
Assuring that small, minority and women business enterprises are
solicited whenever they are potential sources.
3. When economically feasible, dividing total requirements into smaller
tasks or quantities to permit maximum small, minority and women
business enterprises participation.
4. Where the requirement permits, establishing delivery schedules which
will encourage participation by small, minority and women business
enterprises.
5. Using the services and assistance of the Small Business
Administration, the Office of Minority Business Enterprise of the U.S.
Department of Commerce and the local minority business
development center that assists with management and technical
aspects and maintains a directory of minority contractors, suppliers
and vendors.
Labor Standards
a. The City shall comply with the requirements of Davis -Bacon Act (40
USC Section 276a- 276a -5), which requires payment of the prevailing
wage for the locality to workers on construction contracts over $2,000.
Housing rehabilitation projects of fewer than eight units are exempt.
Regulations are at 29 CFR, Part 5. The City further certifies that it shall
include in its bidders' packages the U.S. Department of Labor Wage
Determination List and a statement that the Contractor and any
subcontractors must comply with these wage rates in performance of the
work required.
b. Copeland (Anti- Kickback) Act (18 USC Section 874, 40 USC Section
176c), which applies to all contracts covered by Davis -Bacon and
provides that workers must be paid weekly, with only permissible
deductions allowed. Regulations are at 29 CFR, Part 3;
Contract Work Hours and Safety Standards Act (40 USC Section 327,
et seq.) which requires overtime compensation. Regulations are at 29
CFR, Part 5.
Acquisition and Relocation
Uniform Relocation Assistance and real Property Acquisition Policies Act of 1970, as amended
(P.L. 91 -646, P.L. 100 -17) Section 305 of Title III and Section 210 of Title II require State and
local recipients to comply with real property acquisition and relocation requirements set forth in
said Act. Regulations are at 49 CFR, Part 24.
Age Discrimination Act of 1975
City shall comply with the provisions of the Age Discrimination Act of 1975, which prohibits
discrimination on the basis of age in the delivery of services and benefits supported by federal
funds.
Americans With Disabilities Act of 1990
City shall comply to the extent required with the provisions of the Americans with Disabilities
Act of 1990 which prohibits discrimination on the basis of disabled status in any publicly
funded program and activity.
Rehabilitation Act of 1973, Section 504
City shall comply with the provisions of Section 504 of the Rehabilitation Act of 1973, which
prohibits discrimination on the basis of handicap in any programs or activities receiving federal
financial assistance.
IN WITNESS WHEREOF, the City and County have executed this contract as of the date first
written above.
City of Owasso, Oklahoma
BY , City Manager
ATTEST:
City Clerk
Approved:
City Attorney
Tulsa County Board of Commissioners
ATTEST:
County Clerk
Approved:
District Attorney
Chair
_ = Proposed -
• .:'� 2015 CDBG
Proiect
{ BASE BID
C Ej �i�
,r
I
�. �_ ,
., F
.AALTLR1 \�' =1f
\v {
I Y
OWASSO FY 2015 -16 CDBG SIDEWALK PROJECT
Pnpa,e0 by: JHK
ROADWAY
ITEM NO.
DESCRIPTION
UNIT
QUANTITY
UNIT COST
TOTAL COST
TYPE A- SALVAGED TOPSOIL
CUBIC YARDS
128
3.55
s 447.51
TEMPORARY SILT FENCE
LINEAR FEET
1,310
S 2.60
S 3406.00
SOLID SLAB SODDING
SQUARE YARDS
282
3.00
846.67
SAND BEDDING
CUBIC YARDS
47
20.00
$ 931.33
4- CONCRETE SIDEWALK6'WIDE
SQUAREYARDS
423
68.00
28786.67
BUILD HANDICAP RAMPS
EACH
]
S 180000
12600.00
TACTILE WARNING DEVICES
SQUARE FOOT
56
1].]5
994.00
REMOVAL OF STRUCTURES S OBSTRUCTIONS
LUMPSUM
1
S 2500.00
S 2500.00
CONSTRUCTION STAKNG LEVEL II
LUMPSUM
1
S 5000.00
S 5W9.W
SWPPP DOCUMENTATION AND MANAGEMENT
LUMPSUM
1
3000.00
3000.00
MOBILIZATION
LUMPSUM
1
S 2925.61
2925.61
BONDS
LUMPSUM
1
3 1228.76
1 S 1228.76
E 82 888.54
STRIPING
ITEM NO.
DESCRIPTION
UNIT
QUANTITY
UNIT COST
TOTAL COST
WHITESTRIPE
LINEAR FEET
0
S 1.25
S
YELLOWSTRIPE
LUMPSUM
0
1.25
SHEETALUMINUM SIGNS
I SQUAREFEET
1 0
-
S
CONSTRUCTION SIGNAGE
ITEM NO.
DESCRIPTION
UNIT
QUANTITY
UNITCOST
TOTAL COST
TYPE III BARRICADE
SIGN DAY
0
0.25
TYPE LIGHTS
SIGN DAY
0
S 0.11
-
CONSTRUCTION SIGNS uSFTO6.25SF
SIGN DAY
300
$ 1.25
$ 375.00
CONSTRUCTION SIGNS 6.26 SF TO 15.99 SF
SIGN DAY
0
2.50
$
DRUMS
SIGN DAY
600
0.10
5 60.00
3 3]5.00
SubWWI S 83041.54
Conlin encba S 9456.23
TOTAL ESTIMATED CONSTRUCTION COST $ 72,497.77
ALTERNATE #1
ITEM NO.
DESCRIPTION
UNIT
QUANTITY
UNIT COST
TOTAL COST
TYPE A- SALVAGED TOPSOIL
CUBIC YARDS
60
S 3.55
S 211.42
TEMPORARY SILT FENCE
LINEAR FEET
840
2.60
5 2184.00
SOLID SLAB SODDING
SQUAREYAROS
178
3.00
$ 533.33
SAND BEDDING
CUBIC YARDS
29
S 20.00
S 586.67
V CONCRETE SOMALI( (6' WIDE)
SQUARE YARDS
267
S 6B.00
S 10133.33
BU LD HANDICAP RAMPS
EACH
3
1800.00
5400.00
TACTILE WARNING DEVICES
S UAREFOOT
24
1].]5
426.00
REMOVAL OF STRUCTURES B OBSTRUCTIONS
LUMPSUM
1
1200.00
1200.00
CONSTRUCTION STAKING LEVEL II
LUMPSUM
1
3 1500.00
3 15W.00
S 301]4.]8
TOTAL WITH ALTERNATE $ 102 672.53
nTity w,," Limits_
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Bronce L. Stephenson
Director of Community Development
SUBJECT: Final Plat - Owasso Industrial Park Phase IV
DATE: October 9, 2015
BACKGROUND:
The City of Owasso received an application for review and approval of a final plat for the
Owasso Industrial Park Phase IV. The subject property is located at 202 E. 51h Ave South on the
south side of the street.
SURROUNDING ZONING:
"Direction
Zoning
Use
Land Use °Plan
Jurisdiction'
Industrial
IL (Industrial
1 lot on 1 block
Number of Reserve Areas
N/A
North
Light &
Industrial
Industrial
City of
City of Owasso
Research )
Storm siren fee of $35 /acre
Streets (public or private)
Owasso
IL (Industrial
South
Light &
Industrial
Industrial
City of
Research
Owasso
IL (Industrial
East
Light &
Industrial
Industrial
City of
Research
Owasso
IL (Industrial
West
Light &
Industrial
Public
City of
Resenrchl
Owasso
SUBJECT PROPERTY /PROJECT DATA:
Property Size
.84 acres
Current Zoning
IL - Industrial
Proposed Use
Industrial
Lots /Blocks '
1 lot on 1 block
Number of Reserve Areas
N/A
Within PUD?
N/A
Within Overlay ` District?
N/A
Water Provider
City of Owasso
..Applicable Pa )ebacks
Storm siren fee of $35 /acre
Streets (public or private)
N/A
ANALYSIS:
The final plat for Owasso Industrial Park Phase IV shows one (1) lot on one (1) block and provides
for the facility to be connected to future developments that may occur in the industrial zoned
area. There is one existing building on the property that will remain. Perimeter and interior utility
easements are shown that will provide utility companies adequate access to provide and
maintain utility service for the future uses on the property. Any development that occurs on the
subject property must adhere to all subdivision, zoning, and engineering requirements including
but not limited to paved streets, landscaping, and sidewalks. The City of Owasso will provide
sanitary sewer service.
TECHNICAL ADVISORY COMMITTEE:
The Technical Advisory Committee (TAC) reviewed the final plat for Owasso Industrial Park Phase
IV at their regularly scheduled meeting on September 23, 2015.
PLANNING COMMISSION:
The Owasso Planning Commission will consider this item at their meeting on October 12, 2015
ATTACHMENTS:
Area Map
Aerial Map
Final Plat - Owasso Industrial Park Phase IV
Final Plat
Owasso ,l N /`• {5 <�
ti::s1
1 = 188 ft Industrial Park 10/08/2015
Phase IV
s
This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy,
please contact Owasso Public staff for the most up -to -date information.
Final Plat
13t PiR!3] T .0 Y,p I .� I. e I I I �C'1Y`.
I
117
,�:. IN•l. i '�I /f� 1. .. -� IiI i
2a3 j� to-/
r ntl R G m f
0 j:
Lo
.: it �•. I � w;f r , _ 'b s T I�'.f w P!r'I .l' � tea'
M1
�'
,Owasso Industnal Park 4asE N�•'P @Er IIDE+ I n
204 . R�
111 . -
.
��, 1 •T _.. fr
`. �' N 'TM•�' -300 "f1 .r.
7"
Owasso
1" = 188 ft Industrial Park 10/08/2015
Phase IV
s
This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy,
please contact Owasso Public staff for the most up -to -date information.
� Cetlnin Raz4loHOnz n -.0 muwwvve.x vm
ITZ11,11-11 11
IT-
FINA'_ PLAT
0WASSO INDO STPIAL PAPK PHASE iV
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Aa,mrar TH•HORTHF..s.au.mASIMvuor PIVTIOn21 S • °L _ ,�".
PURVEYOR. rrnwzxc `
BENCHMARK PURVEYING /+,n0omw, TO n,c Fn o MSACd+rvrV.Onw,aun (
AND LAND SERVICES, INC. PLAT NO
ACRE
P.. Yx 10.9 I _ol In 1 Block
lO
o ss9 DK 1. 1
fi RT fl TE 0) TT,,V 0 8 LiIOY NO 2Et5 } .S ,
RCNFIAL ATL: JVNf ]1 2U+0 ZOn CC. IL " v
ENGINEER:
KELLOGG ENGINEERING INC n.c
4>ES SOUTH TO40 ROO, OMNI:R /HEA WYER:
TALA1. Ful Oan T 9 KOURTIP RE. ALT.Y L.TD. CO.
GOO) 2i5- o040t00 121 >0 C. 961101 Si. N, 1299 v
CFR➢F¢ATe F AVTR9wv&, N9. z 0
REVF.NAL OATF: VNC .20+5 2 fII ONFSP1918) 2]G -452A
CERTIFICATE OF OWNERSHIP
GwOSSO Intlu,trml Park ..,.vv «enn. o s ..e..r wv.e.
cnr or
_ .. _ _. _ _ __ _. _ _ __— - usT 1111 AII
CERTIFICATE OF PURVEY
�' uVOLC C,NG, FUIF IV c0 I • ^1 +u*° - mT`r'%.. Y2C
O+ rw01�R ^ o + s T�
CLY Fh „o InCuv�Ol Pcr 6QO
...,. v«.r « >.,..«,,. ..1..
all Lm..,.
S OPl2'11' p
CERTIFICATE OF FINAL PIATAPPROVAL
196.75' 1 n• II. —T -1, w. ..s w..1o..,.c a• :a_ „,�.ru.�
CAUDLC
The City Wil out �i mifs.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Michele Dempster
Human Resources Director
SUBJECT: Property - Casualty Insurance Renewal
DATE: October 9, 2015
BACKGROUND:
Each year the City's property - casualty insurance coverage renews on November Is'. The City's
property - casualty insurance provides coverage for City property, including non - building items
(i.e. traffic lights and pump stations), similar to homeowners insurance. Quotes were solicited
based on the current deductible of $25,000 and $100,000 for Wind & Hail. Property casualty
insurance is funded through the General Liability- Property Self- Insurance Fund, and funding is
included in the FY 2016 budget.
COMMENTS:
On July 27, notices of upcoming renewal were sent to our current agent of record, Moe Hogan
with Rich & Cartmill, in addition to six other vendors:
• Botts Insurance
• HUB
• Insurica
• International Insurance Brokers
• Oklahoma Municipal Insurance Group (OMAG)
• Team Insurance
Initially staff received inquiries from five of the providers, however only three responded.
Botts Insurance responded indicating a true interest and desire to work with the City but stated
they were unable to compete with the current coverage. The Botts representative indicated
that they had another carrier decline providing a quote stating we had a good deal and they
could not beat it. Their advice was to stay put with our current carrier unless something better
came up.
Rich & Cartmill requested an additional quote from Chubb Insurance, but it was higher than Rich
& Cartmill's renewal premium with Allionz (AGCS Marine) and Homeland Insurance Company of
New York.
The third response was from Oklahoma Municipal Assurance Group (OMAG).
COMPARISON OF TWO PROPOSALS
OMAG's proposal for Property coverage was $88,397.
Rich & Cartmill's proposal for Property coverage was a total of $75,708.
Current cost of property coverage is $73,370.
Similar to lost year, Rich & Cartmill's quote provides insurance through AGCS Marine Insurance
Company for property values up to $50,000,000 and Homeland Insurance Company of New
York provides the coverage for property values in excess of $50,000,000. The total property value
to be insured is $65,648,862. The total renewal proposed is $75,708 ($62,988 to AGCS Marine and
$12,720 to Homeland).
PROPOSED ACTION:
Authorization for the City Manager to execute a contract(s) and authorization for payment for
property - casualty coverage in an amount of $75,708 will be requested at the October 20, 2015
City Council meeting.
OT CitAyWi out Limits.
TO: Honorable Mayor and City Council
City of Owasso
FROM: Christopher A. Garrett
Fire Chief
SUBJECT: Replacement of Self- Contained Breathing Apparatus
DATE: October 9, 2015
SUMMARY:
The fire department administrators routinely inspect and evaluate the department's Self -
Contained Breathing Apparatus (SCBA) to determine compliance with the most current
industrial standards, safety, reliability and functionality of this critical firefighting equipment.
Based upon this evaluation, the current inventory of SCBAs should be replaced. The
determination was based on the current condition of the SCBAs, as the equipment no longer
complies with the current National Fire Protection Association (NFPA) standards, and the
increasing cost of maintenance and repairs. Many of our current SCBAs are more than 20 years
old and cannot be modified to meet the current NFPA standards.
BACKGROUND:
SCBAs are composed of a back pack, compressed breathing air cylinder, facemask, and voice
amplifier. Each of the fire department's pumpers, along with the ladder truck and the Disaster
Response Unit (DRU) are equipped with SCBAs. On average, there are five SCBAs assigned to
each truck, with one per seating position (as required per NFPA) and one reserve pack for a
total inventory of 26 SCBA packs. The department carries multiple spare cylinders per pack on
each of the vehicles. These (fully- charged) spare cylinders are exchanged with depleted
cylinders at emergency incidents to sustain interior firefighting operations without any significant
interruption. A facemask is issued to each firefighter because the individual masks are fitted to
each firefighter's unique facial contours.
Throughout the years, SCBAs have evolved to incorporate the newest industry standards, further
increasing the functionality and safety of the equipment. Since the SCBAs original purchase, the
fire department has periodically invested funds to modify the SCBAs in order to meet the most
current NFPA standards at the time. These upgrades occurred about every five years. The
process of conducting periodic modifications has been effective and has proven to be fiscally
responsible. The newest NFPA standard has drastically changed the requirements for SCBAs.
This change, along with the age of the department's SCBAs has made it necessary for the
department to replace the entire inventory.
The most current edition of NFPA standards 1981/1982 (2013) are applicable to SCBAs and the
pack's associated electronics. With these standards, changes were made to:
• The low air pressure alarm activation from 25% to new setting of 33 %. This was
increased in order to ensure ample evacuation time from a structure when a
firefighter's breathing air is in the low range.
• Regulatory oversight of EBSS /buddy breather systems. This standardizes all the safety
systems for all brands of SCBA, thus increasing interoperability.
• Upgraded flame resistance for facemasks. Set higher flame resistance standard for
the masks, increasing the protection factor for the firefighter's respiratory system.
• Enhanced communications audibility, increasing the sound distance and clarity of
SCBA voice amplification systems, which are necessary for high noise environments
in which firefighters work.
• Universal Personal Alert Safety System (PASS) alarm audible warning sound. This
change standardizes the down firefighter sound for all brands of SCBA; thereby
increasing awareness of a down firefighter on an incident scene.
PROPOSED ACTION:
To ensure the fire department has the ability to function during various types of emergency
incidents in a safe and effective manner, staff is proposing the replacement of the fire
department's current inventory of SCBAS. The newest model will adhere to the current NFPA
standards, ensure the safety of the firefighters, and enhance the firefighters' ability to perform
critical lifesaving tasks.
BIDDING:
Specifications were developed and mailed on August 12, 2015 to five vendors of various SCBA
brands. The specifications and bid package were advertised on the City of Owasso web site.
Of the five vendors notified, two vendors submitted bids. On September 2, 2015, sealed bids
were opened. The first bid was from Northern Safety of Tulsa, Oklahoma for a Scott X3 SCBA
system and supporting components, in the amount of $258,527.00. The second bid was from
Casco Industries of Oklahoma City, Oklahoma for an MSA G1 SCBA system and supporting
components, in the amount of $172,314.00.
Responses to Critical Bid Specifications
cations
Scott X3
MSA GI
A
26 each SCBA
26
26
B
45- minute cylinders
Yes
Yes
C
Indicate cylinder PSI
5,500
4,500
D
NFPA 1981, 1982 12013 Edition compliant
Yes
Yes
E
78 each, 45- minute cylinder/highest si available
Yes /5,500
Yes /4,500
F
T e of thread or cylinder connections
Quick Snap
Adapter
G
55 each, SCBA facemasks
Yes
Yes
H
55 associated mask brackets
Yes
N/A
I
55 each, voice amplification systems
Yes
Yes
J
4 each, Rapid Intervention Kits
Yes
Yes
K
4 each, Specify cylinder minute & si for Rapid Intervention Kits
75/5,500
60/4,500
L
_Upgrade current SCBA fill station for new cylinders
Yes
Yes
Cost
$ 258,527
$172,314
Total Comply
12
12
SCBA Incapacitated firefi hter 1-- -ling system
Included
Not Available
SCBA status monitoring system
Included
+$ 18,357
S are rechor eable batteries and charger
N/A
+$3,366
Final Cost
258,527
$ 194,037
BID REVIEWS:
A thorough review of each SCBA system was conducted to determine the safest, NFPA
compliant SCBA operating system for use by the fire department. The bids were reviewed for
adherence to the specifications and suitability of the equipment for operational use by the fire
department. Below is a summary of the findings for each of the two systems.
Northern Safety indicated that they would supply the Scott X3, 5.5 with Quick disconnect
regulator, dual EBSS and Pak Tracker system. The cylinders will be the highest psi available on
the market, 45- minute at 5,500 psi. The cylinder quick connects will be manufactured as part of
the cylinder valves. Voice amplification systems with the associated brackets will be supplied.
The Rapid Intervention Kits will include 75- minute /5,500 psi cylinders. The bid also contained a
Pak Tracking system that enables rescue crews to quickly identify the location of a down /missing
firefighter within a structure and complete the rescue in minimal time. The Scott service center is
located in Oklahoma City. A mobile service center is used by the vendor to provide
maintenance and repair services to agencies outside of the Oklahoma City Metro area. Scott
has indicated that the new SCBA X3s have a 25 -year life span. Delivery of the items to meet the
specifications will take place in approximately 6 -8 weeks from the order placement.
Casco Industries indicated that they would supply the GI, 45- minute /4,500 psi cylinders, with
quick connect capability through the use of small adapters screwed on to the cylinders. The GI
Rescue Aire II Rapid intervention Kit will include 60- minute /4,500 psi cylinders. Voice
amplification systems will be supplied. Currently, the manufacturer does not have a tracking
system to locate down /missing firefighters. The MSA service center is in Oklahoma City; however,
a mobile service center is not available. The manufacturer has indicated that the Gl SCBA
systems have a 15 -year life span. Delivery of the items will take place in approximately 12 weeks
from the order placement.
COMPARISON AND CONSIDERATIONS:
The Scott SCBA system specified offered higher psi cylinders (5,500 versus the MSA 4,500). While
both cylinder types provide 45 minutes of breathing time (affording firefighters on an incident
scene additional working time), the higher psi cylinders are lower profile and lessen the chances
of firefighters becoming entangled in obstructions typically found within a burning or damaged
structure.
The Scott cylinder connections are manufactured as part of the valve, versus the MSA that must
use an adapter that is threaded onto the valve to achieve the quick- connect capability. Staff
believes the use of adapters makes the system operationally vulnerable because a cylinder
would be rendered inoperable if the adapter became loose and /or lost.
The Scott Rapid Intervention Kits include a higher minute cylinder, 75- minute /5,500 psi than the
MSA 60- minute /4,500 psi. The higher minute cylinder for the Rapid Intervention Kits will afford the
crew conducting the rescue of an incapacitated firefighter additional working time to extricate
the firefighter from the life threatening situation.
The life span for the Scott system is 25 years, whereas the life span for the MSA system is 15 years.
The fiscal impact of the additional 10 years of service life significantly increases the value of the
Scott SCBA system.
For safety and proficiency, the fire department would need to conduct numerous retraining
sessions to familiarize the firefighters with the operations of the MSA SCBA system. In contrast, fire
department personnel are intimately familiar with the operation and function of a Scott SCBA
system; therefore, only minimal training will be necessary to familiarize them with the NFPA
changes to the packs.
Current users of this new model Scott X3 SCBA are: Oklahoma City, Tulsa, Skiatook, Edmond,
Bixby, Nichols Hills, Ponca City, Oak Grove, Pryor, Yukon, Cushing, Cleora, Comanche County
Sheriff, Delaware County, Kiowa, Oglesby, Spiro, Woodward County, and South Coffeyville.
Current users of the new model MSA GI SCBA are: Muskogee, Checotah, Marble City, Verdigris
and North West Rogers County.
Se0tt'X3
11ASA G1 ' .
Manufactured cylinder valve quick connection
Small loose adapter for quick connection
5,500 psi system = small profile cylinder
4,500 psi
75- minute Rapid Intervention Kit cylinders
60- minute Rapid Intervention Kit cylinders
Firefighter tracking system included
Not available
25-year life span
15- ear life s an
Minimal training to place in service
Numerous training sessions necessary
Derivery time 6 -8 weeks
Delivery time 12 weeks
Mobile repair service
Not available
After a thorough review of each bid package was conducted, staff determined that the bid
from Northern Safety of Tulsa, Oklahoma met the criteria specified in the bid packet, and that
the Scott X3 SCBA system and supporting components was the best option to meet the current
and future operational needs of the fire department. Therefore, after careful consideration, staff
finds that Northern Safety is the most appropriate bid.
FUNDING:
The fire department included $342,315.00 in its Capital Budget for the replacement of SCBAs.
The price quoted by Northern Safety for the Scott X3 SCBA system and the supporting
components is $258,527.00.
PROPOSAL:
Staff is proposing the purchase of new Scott X3 SCBA's, along with the supporting components
included in the bid, from Northern Safety of Tulsa, Oklahoma for use by the Fire Department.
The Citdyw�, out Limits.
TO: The Honorable Mayor and City Council
City of Owasso
The Honorable Chair and Trustees
Owasso Public Works Authority
FROM: Travis Blundell
Utility Superintendent
SUBJECT: Amending PART 17, Utilities, Chapter 3, Sewer System
DATE: October 9, 2015
BACKGROUND:
In January of 1991, Ordinance 426 "Requirements For Use of Sanitary Sewerage System" was
passed and adopted. The purpose of Ordinance 426 was to provide general requirements and
prohibitions in respect to the connection, use, protection and maintenance of all sewers forming
the City of Owasso's sanitary sewer system and to establish regulations limiting the discharge of
all wastes into the sanitary sewer system which could cause damage or interfere with the
operation of the Wastewater Treatment Plant.
With the growth occurring in our community, particularly in the amount of food service
establishments (FSE), Public Works staff has recognized the need to develop a fats, oils and
grease management program (FOG). FOG discharged into the sanitary sewer system is the
primary source of all line blockages and sanitary sewer overflows (SSO). Additionally, FOG is a
major contributor to issues with the treatment process that occur every year during the winter
months at the Wastewater Treatment Plant. All of the aforementioned issues have a significant
impact on the cost of maintaining the City of Owasso's Wastewater system.
FSE's are the greatest users and disposers of fats, oils and grease. This past year Public Works
staff, along with an environmental consultant, began reviewing Ordinance 426 and discussing
the development and implementation of a FOG management program. The review of
Ordinance 426 revealed the need to modernize some of the language, remove repetitious or
unnecessary provisions, and develop a section specifically focused on a FOG Management
Program that will enable staff to effectively monitor the discharge from FSE's.
PROPOSED SEWER USE ORDINANCE:
Staff is proposing to repeal Ordinance 426, Part Seventeen (17), Utilities, Chapter Three (3), Sewer
System, of the Code of Ordinances of the City of Owasso, Oklahoma and replace with a new
ordinance enacting amended and additional requirements for the use of the sanitary sewer
system within the City of Owasso, Oklahoma.
This ordinance would:
• Establish regulations limiting the discharge of pollutants into the sanitary sewer system,
• Establish uniform maintenance and monitoring requirements for controlling the discharge
of fats, oils and grease from food service establishments discharging into the city's
wastewater treatment plant,
• Establish regulation of fog transporters operating within the city limits,
• Provide remedies for the violations of the regulations established, and
• Provide for a penalty for violations.
Following is a list of changes in the proposed ordinance language:
a) SECTION 17 -301 - DEFINITIONS
Various definitions regarding the proposed FOG Management Program were added.
b) Several sections were removed due to repetitious language and redundant
information.
c) SECTION 17- 304 - PROHIBITED CONNECTIONS - RESPONSIBILITY OF PROPERTY OWNERS
This section directly identifies prohibited connections to the sanitary sewer system and
places responsibility of proper maintenance of sewer connections on the property
owner. This section also establishes the ability for the City to inspect and test
connections to the City of Owasso sanitary sewer system.
d) Wastewater Discharge permit fee is established at three hundred fifty dollars ($350)
with annual renewal fee for the permit also at three hundred fifty dollars ($350). The
permit and renewal fees will help fund a Pre - Treatment Coordinator position.
e) Removal of permit fees for industries that only discharge normal domestic waste and
having no process or manufacturing operations that discharge industrial waste.
SECTION 17 -310 - GENERAL LIMITATIONS, PROHIBITIONS AND REQUIREMENTS ON FATS,
OILS AND GREASE (FOG) DISCHARGES
This entire section has been developed to establish the general limitations,
prohibitions and requirements on FOG Transporters and FOG discharges from food
service establishments that discharge to the City of Owasso Wastewater Treatment
Plant. This section establishes the ability to implement and enforce the FOG
Management Program.
The following is a list of highlights from the proposed FOG Management Program:
Section 17 -310 - (a) identifies the objectives of the proposed FOG Management
Program. The main objectives are to:
1. Prevent introduction of excessive amounts of FOG into Owasso's sewer system;
2. Prevent clogging or blocking of Owasso's sewer system due to FOG build -up;
3. Implement a process to recover costs associated with damage caused by
grease blockages;
4. Create the ability to establish fees for the recovery of costs resulting from the FOG
Management Program;
5. Register FOG Transporters operating within the City of Owasso;
b. Establish enforcement procedures for violations of this section;
7. Ensure that all existing and future FSE have a properly functioning FOG
pretreatment system.
Section 17 -310 - (b) summarizes general requirements for compliance with the FOG
Management Program,
Section 17 -310 - (c) establishes the FOG discharge limit to be 100 mg /L.
Section 17 -310 - (d) lists prohibitions that apply to all FSE. The prohibitions are designed to
prevent a FOG discharge in excess of 100 mg /L and to prevent FOG from passing
through the FOG interceptor or pretreatment system.
Section 17 -310 - (e, f) requires all FSE to obtain a FOG Wastewater Discharge Permit and
establishes the ability to collect an application and renewal fee. Section 3.18 (f) states
that all permit application fees shall be submitted within ninety (90) days of adoption of
this ordinance.
Section 17 -310 - (g, h) requires FOG Transporters that operate within the City of Owasso to
obtain a FOG Transporter Permit and establishes the ability to collect a permit
application and renewal fee.
Section 17 -310 - (i) establishes the ability to revoke the aforementioned permits based on
the listed criteria.
Section 17 -310 - (j) Requires FSE's to implement best management practices for their
operation.
Section 17 -310 - (k) establishes the following requirements for FSE
1. All FSE must utilize a FOG Pretreatment System.
2. Existing FSE without a FOG Pretreatment System shall submit the application within
four (4) months of adoption of this ordinance and must install the FOG
Pretreatment System within one (1) year of adoption of this ordinance.
3. All FSE that have an existing FOG Pretreatment System shall submit an application
for an Alternate Pretreatment System within four (4) months of adoption of this
ordinance.
4. Provides the City with the ability to require existing FSE to install a new FOG
Pretreatment System or to modify and repair the existing FOG Pretreatment
System if any of the listed conditions exist. This section not only allows for requiring
the repair of defective FOG Pretreatment Systems, but also requires facilities to
come into compliance with the City of Owasso Plumbing Code upon plumbing
repairs /upgrades or change in ownership.
5. States that all costs for repairs /upgrades of the FOG Pretreatment System shall be
at the FSE's expense.
Section 17 -310 - (1) describes FOG Pretreatment System installation and maintenance
requirements.
Section 17 -310 - (m) establishes the ability for the City of Owasso to require monitoring,
reporting, notification and inspections for verification of compliance with the FOG
Management Program.
Section 17 -310 (n) establishes the FSE and FOG Transporter record keeping requirements.
Section 17 -310 - (o) makes it unlawful to falsify information submitted to the City of
Owasso or to tamper with FOG Pretreatment Systems.
g) SECTION 17 -316 - POWERS AND AUTHORITY OF ENFORCING AGENTS
This section establishes right of entry for City of Owasso employees and various forms of
enforcement to ensure compliance with this ordinance. The language reflects the United
States Environmental Protection Agency's (USEPA) requirements for enforcement of
pretreatment programs.
This section provides the City of Owasso the ability to:
I . Gain right of entry for inspections
2. Issue a Notification of Violation (NOV)
3. Terminate a discharge and or disconnect water service
4. Perform an emergency suspension of discharge
5. Petition for the issuance of an injunctive relief
6. Issue administrative fines
PROPOSED ORDINANCE IMPLEMENTATION:
Staff will present the proposed Ordinance and FOG Management Program to the
Council /Trustees at the October work session. Following the work session, Public Works will
conduct two public meetings for the food service establishments. The goal for the meetings will
be to educate and thoroughly explain the proposed Fats, Oils and Grease Management
Program. These meetings will also provide a venue for the food service establishments to ask
questions and express any concerns they may have about the program.
Staff will present all comments received during the meetings to the Council /Trustees at the
November work session for additional discussion. Unless there are concerns that need to be
addressed, staff anticipates Council /Trustee consideration and action during the November 17th
meeting. If approved, food service establishments and Industrial users would have ninety days
(90) to complete a discharge permit application and pay all applicable fees.
ATTACHMENT:
Proposed Ordinance
CITY OF OWASSO
ORDINANCE NO. DRAFT
AN ORDINANCE AMENDING PART SEVENTEEN (17), UTILITIES, CHAPTER THREE (3), SEWER
SYSTEM, SECTION 17 -301, SEWER SYSTEM REGULATIONS ADOPTED, PENALTY, OF THE CODE
OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, IN LIEU THEREOF PROVIDING FOR
THE GENERAL REQUIREMENTS AND PROHIBITIONS IN RESPECT TO THE CONNECTION, OF THE
SANITARY SEWER SYSTEM OF THE CITY OF OWASSO, ESTABLISHING REGULATIONS LIMITING
THE DISCHARGE OF ALL WASTES INTO THE SANITARY SEWER SYSTEM, ESTABLISHING
UNIFORM MAINTENANCE AND MONITORING REQUIREMENTS FOR CONTROLLING THE
DISCHARGE OF FATS, OILS AND GREASE (FOG) FROM FOOD SERVICE ESTABLISHMENTS (FSE)
DISCHARGING INTO THE CITY'S WASTEWATER TREATMENT PLANT, ESTABLISHING
REGULATION OF GREASE HAULERS OPERATING WITHIN THE CITY LIMITS, PROVIDING
REMEDIES FOR THE VIOLATIONS OF THE REGULATIONS ESTABLISHED HEREIN, PROVIDING FOR
A PENALTY FOR VIOLATIONS HEREOF, ADD IN LANG TO RENUMBER SECTIONS, DIRECTING
CODIFICATION.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, THAT:
SECTION ONE (1): PART 17, Utilities, Chapter 3, Sewer System, Section 17 -301 of Code of
Ordinances of The City of Owasso, Oklahoma, be and the some is hereby amended and in lieu
thereof be provided as follows:
CHAPTER 3
REQUIREMENTS FOR USE OF SANITARY SEWER SYSTEM
SECTION 17- 300 -SCOPE
This Chapter shall include all general requirements and restrictions in respect to the
connection, use, protection and maintenance of the City of Owasso's Wastewater
Collection system.
SECTION 17 -301- DEFINITIONS
Unless a provision explicitly states otherwise, the following terms, phrases, words and their
derivations shall have the meaning given herein:
fa) ACT: The term "Act" or "The Act" shall mean the Federal Water Pollution Control Act,
also known as the clean Water Act, as amended, 33 U.S.C. 1251, Et. Seq.
(b) AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER: The term "Authorized Representative
of Industrial User" may be: (1) A principal executive officer of at least the level of vice -
president, if the Industrial User is a corporation: (2) A general partner or proprietor if the
Industrial User is a partnership or proprietorship, respectively; (3) A duly authorized
representative is responsible for the overall operation of the facilities from which the
indirect discharge originates.
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jcj BEST MANAGEMENT PRACTICES (BMP): The term "Best Management Practices (BMPs)"
shall mean schedules of activities, prohibitions of practices, maintenance procedures
and other management practices to prevent or reduce the introduction of FOG to the
public sanitary sewer.
(d) B.O.D.: The term "B.O.D." shall mean the quantity of oxygen expressed in milligrams per
liter, utilized in the biochemical oxidation of organic matter under standard laboratory
conditions for five (5) days at a temperature of twenty (20) degree centigrade. The
laboratory determinations of B.O.D. shall be made in accordance with procedures set
forth in "Standard Methods."
(eJ_ BUILDING DRAIN: The term "Building Drain" shall mean that of the lowest horizontal piping
of sanitary drainage system, which receives the discharge from the sanitary waste, pipes
inside the walls of the building and conveys it to the building sanitary sewer.
jf1 BUILDING SEWER, HOUSE SEWER, or HOUSE SEWER LINE: The term "Building Sewer, House
Sewer, or House Sewer Line" shall mean the extension from the building drain to the
public sanitary sewer or other place of disposal.
jgj CITY: The term "City" shall mean The City of Owasso, Oklahoma, a municipal corporation,
acting through the Owasso Public Works Authority and the City's duly authorized officers
or agents.
Lh). CITY MANAGER: The term "City Manager" shall mean the City Manager of the City of
Owasso or the person succeeding to these duties and functions by whatever name
known, or their duly authorized deputy, agent, or representative.
f j CODE OF FEDERAL REGULATIONS (CFR): The term "Code of Federal Regulations" refers to
documents published by The Office of Federal Register, National Archives and Records
Service, General Services Administration, Codifying general and permanent rules
published in The Federal Register by The Executive Departments and agencies of The
Federal Government.
COMPOSITE SAMPLE: The term "Composite Sample" shall mean a sample of wastewater
composed of samples collected at equal intervals, not exceeding one hour, throughout
the operational day of a user, representative of the discharge of the facility.
(k) Director: The term "Director" shall mean the Public Works Director of the City of Owasso
or the person succeeding to these duties and functions by whatever name known, or
their duly authorized deputy, agent, or representative.
DOMESTIC SEWAGE: The term "Domestic Sewage" shall mean water - carried waste
normally discharged into the sanitary sewers of dwellings (including apartments, houses,
hotels, office buildings, factories and institutions) that is free from storm surface water and
industrial wastewater.
(m) FATS, OILS, AND GREASE ( "FOG "): The term "Fats, Oils, And Grease (FOG)" shall mean
any substance such as vegetable or animal products that is used in, or is a byproduct
of, the cooking or food preparation process, and that turns or may turn viscous or
solidifies with a change in temperature or other conditions. It is typically a non -
petroleum organic polar compound derived from animal and /or plant sources that
contain multiple carbon chain triglyceride molecules and are detectable and
measureable using analytical procedures established in the most current version of the
United States Code of Federal Regulations 40 CFR 136.3.
jnj FEDERAL CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL STANDARD: Any
regulation containing pollutant discharge limits promulgated by the Environmental
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Protection Agency in accordance with Section (307 (b) and (c) of the Act (33 U.S.C.
1347) which applies to specific Industrial Users.
L01 FOG INTERCEPTOR: The term "FOG Interceptor" shall mean a passive tank installed
outside a building and designed to remove fats, oil and grease prior to the wastewater
being discharged into the public sanitary sewer system and, as further defined herein.
(p) FOG PRETREATMENT SYSTEM: The term "FOG Pretreatment System" refers to properly
installed and operated FOG Interceptors, Grease Traps, FOG Recovery Units, and other
alternate system as approved by the City of Owasso.
(a) FOG TRANSPORTER: The term "FOG Transporter" shall mean any person carrying on or
engaging in vehicular transport of FOG waste as part of, or incidental to, any business
for that purpose.
ll FOOD SERVICE ESTABLISHMENTS (FSE): The term "Food Service Establishments (FSE)" shall
mean any food service establishments and any other commercial facility with the
potential to discharge fats, oil and grease above the effluent limit of 100 milligrams per
liter such as, but not limited to, restaurants, hotel kitchens, hospital kitchens, school
kitchens, bars, factory cafeterias, assisted living facilities and clubs. An establishment is
not considered a FSE when engaged only in reheating, hot holding or assembly of
ready to eat food products and as a result, there is no wastewater discharge containing
a significant amount of FOG and does not include any operation that changes the
form, flavor, or consistency of food.
t1 GARBAGE: The term "Garbage" shall mean solid wastes and residue from the
preparation, cooking and dispensing of food, and from the handling, storage and sale of
food products and produce.
(� GRAB SAMPLE: The term "Grab Sample" shall mean a sample which is taken from a
waste stream on a one time basis with no regard to the flow in the waste stream and
without consideration of time.
(u) INDUSTRIAL USER: The term "Industrial User" or "Industry" shall mean:
a. Any user of publically owned treatment works which discharges more than
equivalent of 25,000 gallons per day (gpd) of sanitary wastes and which is
identified in the Standard Industrial Classification Manual, 1972, Office of
Management and Budget, as amended and supplemented under one of the
following divisions:
Division A - Agriculture, Forestry, and Fishing
Division B - Mining
Division D - Manufacturing
Division E - Transportation, Communications, Electric, Gas, and Sanitary Services
Division I Services
A user in the divisions listed shall be excluded if it is determined by the
Superintendent of The City of Owasso that it will introduce only segregated
domestic wastes or wastes from sanitary conveniences.
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b. Any user of publically owned treatment works which discharges wastewater to
the treatment works which contains toxic pollutants or poisonous solids, liquids, or
gasses in sufficient quantity either singly or by interaction with other wastes, to
contaminate sludge of any municipal systems, or to interfere with any sewage
treatment process, or which constitutes a hazard to humans, or animals, creates
a public nuisance, or creates any hazard in or has an adverse effect on the
waters receiving any discharge from the treatment works.
C. Any user for which Federal Categorical Standards apply.
jvj INDUSTRIAL WASTE: The term "Industrial Waste" shall mean all water - carried solids,
liquids, and gaseous wastes resulting from any industrial, manufacturing or food
processing operation or process, from the development of any natural resource, or any
mixture of these with water or domestic sewage as distinct from normal domestic
sewage.
(w) INTERFERENCE: The inhibition or disruption of The City of Owasso treatment process or
operations, which contributes to a violation of any requirement of the City's NPDES
Permit. The term includes prevention of sewage sludge use or disposal by The City of
Owasso in accordance with Section 405 of the Act, (33 U.S.C. 1345) or any criteria,
guidelines, or regulations developed pursuant to The Solids Waste Disposal Act (SWDA),
The Clean Air Act, The Toxic Substance Control Act, or more stringent State of Oklahoma
criteria (including those contained in any State of Oklahoma Sludge Management Plan
prepared pursuant to Title VI of SWDA) applicable to the method of disposal or use
employed by the City.
fx) MILLIGRAMS PER LITER (mg /1): The term "Milligrams Per Liter" (mg /1) shall mean a weight
to volume ratio; the milligrams per liter value multiplied by the factor 8.34 shall be
equivalent to pounds per million gallons of water.
jyj MONITORING: The term "Monitoring" shall mean the performance of procedures
(Wastewater flow measurements, wastewater sampling, sample analysis, etc.) necessary
to determine Ordinance compliance and /or to verify strength of wastewater flows.
j_z). NEW SOURCE: The term "New Source" shall mean any source, the construction of which
is commenced after the publication of proposed regulations prescribing a Section 307
(c) (33 U.S.C. 1317) Federal Categorical Pretreatment Standard which will be applicable
to such source, if such standard is thereafter promulgated within 120 days after proposal.
A new source means any source, the construction of which is commenced after the
date of promulgation of the standard.
as NORMAL DOMESTIC SEWAGE: The term "Normal Domestic Sewage" shall mean
sewage of The City of Owasso in which the average concentration of suspended solids
and five -day B.O.D. is established at 250 milligrams per liter.
bb OPERATIONAL DAY: The term "Operational Day" shall mean that period of time
during a twenty -four hour period during which the facility is operating and consequently
discharging wastewater.
cc PERSON, ESTABLISHMENT, OR OWNER: The term "Person, Establishment, or Owner"
shall mean any individual, firm, company, association, society, corporation, partnership
or group, their agents, servants, or employees.
jdd) pH: The term "pH" shall mean the logarithm (Base 10) of the reciprocal of the
hydrogen ion concentration expressed in moles per liter. It shall be determined by one of
the procedures outlines in "Standard methods."
ee PREMISE: The term "Premise" shall be construed to mean any plot or tract of
ground, regardless of size or plat under individual ownership and /or individual use and
occupancy where the water service is metered independently of any other use.
IUf PRETREATMENT: The term "Pretreatment' shall mean the reduction of the amount of
pollutants, the elimination of pollutants, or the alteration of the nature of pollutants, or the
alteration of the nature of pollutants properties in wastewater to a less harmful state prior
to or in lieu of discharging or otherwise introducing such pollutants into the public sanitary
sewer system. The reduction or alteration can be obtained by physical, chemical, or
biological processes, or process changes or other means, except as prohibited herein.
fool PRETREATMENT COORDINATOR: The term "Pretreatment Coordinator" shall mean
the Pretreatment Coordinator of the City of Owasso or the person succeeding to these
duties and functions by whatever name known, or their duly authorized deputy, agent,
or representative.
hh PUBLIC SANITARY SEWERS: The term "Public Sanitary Sewers" shall include the
following meanings:
(1) All sanitary sewer of whatever size or extent for which The City of Owasso is
responsible for the operation, repair and maintenance thereof.
(2) Any sanitary sewer, of whatever size or extent, the construction cost of which has
been paid for out of public funds in accordance with Section 287, Title 11,
Statutes of The State of Oklahoma.
ii RENDERABLE FOG: The term "Renderable FOG" shall mean uncontaminated fats, oils
and grease from the food preparation process that can be used as a source of material
that is free of impurities and can be recycled into products such as animal feed and
cosmetics.
SANITARY SEWER: The term "Sanitary Sewer" shall mean sewer which carries sewage and
to which stormwaters, surface waters and groundwaters are not intentionally admitted.
Lkk)SEWER SERVICE CHARGE: The term "Sewer Service Charge" shall mean the charge
made on all users of the sanitary sewer system whose wastes do not exceed in strength
the concentrations values established in this Ordinance.
(ll)_ SEWER SYSTEM: The term "Sewer System" shall mean all facilities for collecting, pumping,
treating, and disposing of wastewaters and would include the wastewater treatment
facilities.
mm SLUG: The term "Slug" shall mean any discharge of water, sewage, or industrial
waste other than toxic materials which in concentration of any given constituent or in
quantity or flow exceeds for any period of duration longer than fifteen (15) minutes more
than five (5) times the average twenty -four (24) hour concentration of flows during
normal operations.
Inn) STANDARD METHODS: The term "Standard Methods" shall mean the examination
and analytical procedures set forth in the latest edition at the time of analysis of
"Standard Methods for the Examination of Water and Wastewater" as prepared,
approved and published jointly by the American Water Works Association, and the
Water Pollution Control Federation.
0o STORM WATER RUNOFF: The term "Storm Water Runoff' shall mean that portion of
the rainfall that is drained into the storm sewers.
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(pp) SURCHARGE: The term "Surcharge" shall mean the charge in addition to the
sewer service charge which is made on those persons whose wastes are greater in
strength than the concentration values established as representative of normal charges.
(Qq) SUSPENDED SOLIDS: The term "Suspended Solids" shall mean solids that either
float on the surface of, or are in suspension in water. Sewage, or other liquids, and which
are removable by a laboratory filtration device. Quantitative determination of
suspended solids shall be made in accordance with procedures set forth in "Standard
Methods."
JrrJ WASTEWATER OR SEWAGE: The terms "Wastewater or Sewage" shall mean a
combination of the water - carried waste from residences, business establishments,
institutions and industrial establishments.
ss WASTEWATER DISCHARGE PERMIT: The term "Wastewater Discharge Permit" shall refer to
a permit issued by the City subject to the requirements and conditions established by
the City authorizing the permittee or discharger to discharge wastewater into the public
sewer system or transport FOG wastewater from a FSE within the City of Owasso.
Wastewater Discharge Permits include: FOG Wastewater Discharge Permit, FOG
Transporter Permit and /or Industrial Wastewater Discharge Permit.
jtt) WASTEWATER PLANT: The term "Wastewater Plant" shall mean any City -owned facility,
device, and structure used for receiving and treating wastewater from The City sanitary
sewer system.
Section 17 -302 Permit and inspection required
(a) No unauthorized person shall construct any building sewer, nor uncover, make any
connections with or opening into, use, alter or disturb any public sewer without first
obtaining a permit from the City.
(b) Any owner, authorized agent or contractor who desires to construct, enlarge, alter,
repair, move, demolish or change the occupancy of a building or structure, or to erect,
install, enlarge, alter, repair, remove, convert or replace any plumbing system shall first
make application to the Plumbing Inspector and obtain the required permit for the work.
(c) The Plumbing Inspector, upon notification from the permit holder or the permit holder's
agent, shall make the following inspections and such other inspections as necessary, and
shall either release that portion of the construction or shall notify the permit holder or an
agent of any violations that must be corrected. The holder of the permit shall be
responsible for the scheduling of such inspections.
SECTION 17 -303 - ALTERING AFTER INSPECTION
It shall hereby be declared to be unlawful for any person to alter or change any sewer pipe or
remove any material after inspection has been made without obtaining permit from the City to
do so, and then said Plumbing Inspector shall re- inspect all work altered or changed and the
same fee shall be charged as provided for the original inspection.
SECTION 17 -304 - PROHIBITED CONNECTIONS — RESPONSIBILITY OF PROPERTY OWNERS
No sources of stormwater, surface water, groundwater, subsurface water, or any other source of
infiltration or inflow shall be allowed to be connected directly or indirectly to a public sanitary
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sewer. The City hereby requires that all property owners utilizing the City sanitary sewer system be
responsible for the maintenance of all connections, lines and fixtures in a manner sufficiently
watertight so as not to allow or permit leakage out of or seepage into said connections, lines
and fixtures from the place of discharge to the place of connection to the public sewage
system main. Such connections, lines and fixtures shall be subject to inspection and testing by
the City.
SECTION 17 -305 - Responsibility for maintenance
It shall be the duty of all persons owning any property upon which there is a building sewer line
connecting to the public sanitary sewer system, to keep such sanitary sewer line up to and
including the connection to the public sewer line, in a good state of repair that it does not
constitute a health nuisance or interfere with the operation and maintenance of the public
sanitary sewer system. It shall be the duty of such owner to have the proper repairs made in
accordance with the City of Owasso Plumbing Code. The City shall have the right to enter onto
private property for the purpose of inspection, maintenance and evaluation of building sewer
lines to assure safe and sanitary conditions.
SECTION 17 -306 - PLUGGING OF ABANDONED BUILDING SEWERS, HOUSE SEWERS, OR HOUSE
SEWER LINE CONNECTIONS TO PUBLIC SANITARY SEWERS.
(a) Any person or establishment owning any house or other structure connected to any
public sanitary sewer shall, before demolition of such house or other structure or
before removal of such house or other structure from its site, cause such line
connection to any public sanitary sewer to be plugged adequately and properly.
(b) Such plugging as referred to in paragraph (a) of this Section shall be done only by a
licensed plumber or licensed contractor.
(c) Before any line connection to the public sanitary sewer shall be plugged, the
licensed plumber or licensed contractor who is to do such plugging shall secure a
permit from the City for the plugging of such line connection to the public sanitary
sewer.
(d) After the permit referred to in paragraph (c) of this Section is secured and after the
plugging has been completed, it shall be the responsibility of the permit holder or the
permit holder's agent, to notify the Plumbing Inspector to inspect such sanitary sewer
plug to ascertain that the some is proper and adequate.
(e) No permit shall be issued for the removal or demolition of any such structure referred
to in paragraph (a) hereof until and after the Plumbing Inspector shall have
approved the sewer plug as being proper and adequate.
SECTION 17 -307 - RECONSTRUCTION OF PUBLIC SANITARY SEWERS
No building, structure, wall, or other above ground obstruction including additional fill material
shall be placed, erected, installed, or permitted directly over any public sanitary sewer. In the
event any of the above obstructions are to occupy the ground immediately above a public
sanitary sewer, it shall be necessary to first re -route the public sanitary sewer at the property
owner's expense in order to subsequently comply with the above provisions. In the event there
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is no sufficient grade available in order to perform the re- routing, it shall be necessary for the
property owner to present a proposed plan to the City setting forth the necessary construction
to safeguard the public sanitary sewer. In any event, either the re- routing of the sanitary sewer
or reconstruction as approved by the City shall be carried out through proper contracts and
bonds with the City of Owasso.
SECTION 17 -308 - ADMISSION OF INDUSTRIAL WASTE INTO THE PUBLIC SANITARY SEWERS
(a) Approval Required. Review and acceptance by the Director shall be obtained prior
to discharge into the public sanitary sewers of wastes or waters having:
(1) A five day 20 degree Centigrade biochemical oxygen demand (B.O.D.) greater
than 250 mg /I.
(2) Suspended Solids containing greater than 250 mg /I.
(3) The potential to discharge prohibited discharges.
(b) Pretreatment. Where required, as herein specified to modify or eliminate wastes that
are harmful to the structures, process, or operation of the sewage works, or
detrimental to the quality of the effluent, sludge, the person shall provide, at their
expense, such pretreatment as may be determined by the Director, necessary to
render the wastes acceptable for admission to the public sanitary sewers, and
comply with the limitations specified herein.
(c) Industrial Waste with excessive B.O.D. or Suspended Solids. Person or owners
discharging industrial wastes which exhibit none of the characteristics of wastes
prohibited in Section 17 -309, other than excessive B.O.D. or Suspended Solids but
have a concentration during a twenty -four (24) hour period average of B.O.D. or
Suspended Solids content in excess of "normal domestic sewage" shall be required
to pretreat the industrial wastes to meet the requirements of "normal domestic
sewage" however, such wastes may be accepted for treatment if all the following
requirements are met:
(1) The waste will not cause damage to the sanitary sewer collection system;
(2) The waste will not impair the wastewater treatment process;
(3) The discharger of the waste enters into a contractual agreement with The City
of Owasso providing for a surcharge over and above the published sewer
rates.
(d) Grease, Oil and Sand Interceptors. Grease, Oil, and sand traps or interceptors shall
be provided for proper handling of liquid wastes containing grease in excessive
amounts or any flammable wastes, sand and other harmful ingredients; except that
such interceptors shall not be required for private living quarters or dwellings. All
interceptors shall be of a type and capacity as defined in the City of Owasso
Plumbing Code shall be approved by the City and shall be located to be readily and
easily accessible for easy cleaning and inspection. Grease and Oil interceptors shall
be constructed of impervious materials capable of withstanding abrupt and extreme
changes in temperature.
They shall be of substantial construction, watertight and equipped with easily
removable covers which, when bolted in place, shall be gas tight and watertight.
Where installed, all grease, oil, and sand interceptors shall be maintained by the
1.1
owner at their expense, in continuously efficient operation at all times. Materials
removed from these facilities shall be either utilized by industry or disposed of at
designated approved locations.
(e) Submission of Information. Plans, specifications, and any other pertinent information
relating to proposed preliminary treatment or processing facilities or flow equalization
facilities shall be submitted for approval by the City prior to the start of their
construction, if effluent from such facilities is to be discharged into public sanitary
sewers. All plans shall be prepared by a Registered Professional Engineer and shall
bear his or her signature and seal.
SECTION 17 -309 - PROHIBITED DISCHARGES
(a) No person shall discharge, or cause to be discharged, any storm water, ground
water, roof runoff, subsurface drainage or any water from down spouts, yard drains,
yard fountains, and ponds, septic tanks, or lawn sprays into any sanitary sewer.
Water from swimming pools, boiler drains, blow -off pipes or cooling water from
various equipment, may be discharged into the sanitary sewer by an indirect
connection whereby such discharge is cooled if required, and flows into the sanitary
sewer, at a rate not to exceed the capacity of the sanitary sewer provided the waste
does not contain materials or substances in suspension or solution in violation of the
limits prescribed by this Chapter; and provided further that said water from an air
conditioning or cooling unit shall in no event exceed one -tenth (0.1) gallon per
minute per ton capacity of the unit. Dilution of any waste discharge to the sanitary
sewer system is prohibited, whether accomplished by the combination of two or
more waste streams by a person or addition of other liquids solely for the purpose of
diluting the quality of the waste discharge.
(b) No person shall discharge, or cause to be discharged, into any public sanitary sewer
any of the following described substances, materials, waters, or wastes:
(1) Any liquid or vapor having a temperature higher than 150 Fahrenheit or (65
degrees Centigrade), or which would cause the wastewater treatment plant
influent to exceed 104 degrees Fahrenheit, or 40 degrees Centigrade.)
(2) Any water or waste which contains wax, grease, oil, plastic, or other substance
that will solidify or become discernibly viscous at temperatures between 32
degrees to 150 degrees Fahrenheit.
(3) Flammable or explosive liquid, solids or gas, such as gasoline, kerosene, benzene,
naphtha, and other like substances.
(4) Solids or viscous substances in quantities capable of causing obstruction to flow in
sanitary sewers, or other interference with the proper operation of the sewage
works, such as ashes, cinders, sand, mud, straw, shavings, metal, glass, rags,
feathers, tar, plastics, wood, whole blood, paunch, manure, hair, and fleshing,
entrails, lime slurry, like residue, slops, chemical residues, plant residues, fiberglass,
or bulk solids,
(5) Any garbage that has not been properly comminuted or shredded.
(6) Any noxious or malodorous substance which can form a gas, which either singly
or interacting with other wastes, is capable of causing objectionable odors or
hazards to life and property, which forms solids in concentrations exceeding limits
2
established herein or creates any other condition deleterious to structures or
treatment processes; or requires unusual facilities, attention, or expense to handle
such materials.
(c) Except in quantities, or concentrations, or with provisions as stipulated herein, it shall
be unlawful for any person, corporation, or individual to discharge waters or waste to
the public sanitary sewers containing:
(1) Free or emulsified oil and grease exceeding on analysis an average of 100 mg /I
of either or both or combinations of free or emulsified oil and grease, if, in the
opinion of the City, it appears probable that such wastes:
(a) Can deposit grease or oil in the sanitary sewer lines such manner as to clog
the sanitary sewers;
(b) Can over load the discharge's skimming and grease handling equipment;
(c) Are not amenable to biological oxidation and will therefore pass to the
receiving waters without being affected by normal wastewater treatment
processes; or
(d) Can have deleterious effects on the treatment process due to excessive
quantities.
(2) Acids or alkali, which attack or corrode sanitary sewers or wastewater disposal
structures or have a pH value lower than 5.0 or higher than 12.5.
(3) Salts of heavy metals, in solution or suspension, in concentrations, toxic to
biological wastewater treatment processes, or adversely affect sludge digestion
or any other biochemical, biological, or other wastewater treatment process, or
to the biota of the receiving stream to which the effluent of the wastewater
treatment facility discharges, or exceeding the following, the analytical results to
be expressed in terms of the elements indicated:
TOXIC SUBSTANCE - MG /I
Cadmium
0.7
Chromium
3
Copper
3
,Lead
0.4
Mercury
.002
Nickel
3
Zinc
3
Or other elements which will damage collection facilities or are detrimental to
treatment processes or are detrimental to the biota of the receiving stream to
which the effluent of the wastewater treatment facility discharges.
When the volume of a single toxic industrial waste discharge, or the combined
toxic industrial waste discharge of a group of industries within a single contributory
area, is so large as to raise a question of the ultimate concentration of toxic
substances entering a treatment plant or a receiving stream, the City shall impose
separate or special concentration limits upon the discharger to insure:
We]
(a) That the concentrations in wastewater of any toxic substances shall
not exceed those concentration in the influent of any wastewater
treatment plant toxic to biological wastewater treatment processes,
or adversely affect sludge digestion, or "sludge quality," or any
biochemical, biological or other wastewater treatment process.
(b) That in no instance will the combined concentrations of any toxic
substances in the effluent of any wastewater treatment plant exceed
the discharge stream limitations as published by the state regulatory
agency.
(4) Cyanide or Cyanogen compounds capable of liberating hydrocyanic gas on
acidification in excess of two (2) mg /I as CN in the waste from any outlet into the
public sanitary sewers.
(5) Radioactive materials exceeding the existing standards of The Oklahoma State
Department of Health, or unless they comply with The Atomic Energy Commission
Act of 1954 (68 O.D. 919 as amended and Part 20, Sub -Part D - Waste Disposal,
Section 20.303, of the regulations issued by The Atomic Energy Commission, or
amendments thereto).
(6) Any wastewater containing phenols or other taste producing substances in such
concentrations as to produce odor or taste in the effluent as to affect the taste
and odor of the receiving waters.
(7) Materials which exert or cause:
(a) Unusual concentrations of solids or composition; as for example in total
suspended solids of inert nature (such as Fuller's Earth) and /or in total
dissolved solids (such as Sodium Chloride, Calcium chloride, or Sodium
Sulfate).
(b) Excessive discoloration
(c) Unusual biochemical oxygen demand or an immediate oxygen demand
(d) High Hydrogen Sulfide content; or
(e) Unusual flow and concentration
(8) Toxic substances which are not amenable to treatment or reduction by the
wastewater treatment process employed, or are amenable to treatment only to
such degree that the wastewater treatment plant cannot meet the requirements
of other agencies having jurisdiction over discharge to the receiving waters
without first pretreating to a concentration acceptable to the City.
When wastewater containing any of the aforementioned materials is discharged
into the sanitary sewer and such wastes are not properly pretreated or otherwise
corrected, the City may (1) reject the wastes and terminate the service to the
sanitary sewer; (2) require control of the quantities and rates of discharge of such
wastes with flow regulating devices; (3) require payment of surcharge for
excessive cost of treatment provided such wastes are amenable to treatment by
existing wastewater treatment plant facilities.
(9) Except where expressly authorized by the City to do so by an applicable
categorical Pretreatment Standard, no Industrial User shall ever increase the use
of process water or, in any other way, attempt to dilute a discharge as a partial
III
or complete substitute for adequate treatment to achieve compliance with
Ordinance discharge limitations.
SECTION 17 -310 - GENERAL LIMITATIONS, PROHIBITIONS AND REQUIREMENTS ON FATS, OILS AND
GREASE ( "FOG ") DISCHARGES
a) This Section establishes uniform maintenance and monitoring requirements for controlling
the discharge of fats, oils and grease (FOG) from food service establishments (FSE)
discharging into the City's sewer system and for regulation of FOG Transporters operating
within the city limits. The objectives of this Section are:
(1) To prevent the introduction of excessive amounts of FOG into Owasso's sewer
system.
(2) To prevent clogging or blocking of the City's sewer lines due to grease build -up
causing sanitary sewer overflows onto streets, into stormwater systems or
waterways and into residences and commercial buildings, resulting in potential
liability to the City. )'
(3) To prevent maintenance and odor problems at wastewater pumping stations
due to grease build -up.
(4) To establish the authority for the City of Owasso to implement a FOG
Management Program.
(5) To establish fees for the recovery of costs resulting from the program established
herein.
(6) To register FOG Transporters operating within the City of Owasso.
(7) To ensure that all existing and future FSE have a properly functioning FOG
pretreatment system.
b) GENERAL LIMITATIONS AND REQUIREMENTS- Food service establishments (FSE) discharging
wastewater to the City of Owasso's sewer system and FOG Transporters that transport
FOG within the City of Owasso are subject to the following requirements, which shall
constitute the City of Owasso's Fats, Oils and Grease Management Program ( "FOG "):
(1) Compliance with the FOG Wastewater Discharge Permit or FOG Transporter
Permit for the Discharge of wastewater and hauling associated with FSE.
(2) Annual filing of a FOG application. All applications are non - transferable and must
be resubmitted to the City after any change in ownership.
(3) Inspections performed by the City to verify compliance with these requirements
and those requirements of the FOG Wastewater Discharge Permit for the
discharge of wastewater associated with FSE.
(4) Quarterly submittal of manifests by FOG Transporters.
(5) Payment of any fees associated with registration, fines or violations, variances
and reimbursement for costs associated with any emergency services provided
by the City of Owasso.
c) DISCHARGE LIMITS- No facility shall discharge or cause to be discharged any wastewater
with a FOG concentration in excess of one hundred (100) milligrams per liter, as
determined by the currently approved test for total recoverable fats and grease listed in
40 CFR 136.3, or that may accumulate and /or cause or contribute to blockages in the
sewer system or at the building sewer lateral which connects the FSE to the public sewer
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system, as determined by the City of Owasso.
d) PROHIBITIONS- The following prohibitions shall apply to all FSEs:
(1) Installation of food grinders in the plumbing system of new construction of FSEs
shall be prohibited. Furthermore, all food grinders shall be removed from all
existing FSEs within one hundred eighty (180) working days of the effective date of
this Chapter.
(2) Introduction of any additives into a FSE's wastewater system for the purpose of
emulsifying FOG or biologically /chemically treating FOG for grease remediation
or as a supplement to interceptor maintenance.
(3) Disposal of waste cooking oil into drainage pipes is prohibited. All waste cooking
oils shall be collected and stored properly in receptacles such as barrels or drums
for recycling or other acceptable methods of disposal.
(4) Discharge of wastewater from dishwashers to any grease trap or grease
interceptor is prohibited.
(5) Discharge of wastewater with temperatures in excess of one hundred forty (140)
degrees F to any grease control device, including grease traps and grease
interceptors, is prohibited.
(b) Discharge of wastes from toilets, urinals, washbasins, and other fixtures containing
fecal materials to sewer lines intended for grease interceptor service, or vice
versa, is prohibited.
(7) Discharge of any waste including FOG and solid materials removed from the FOG
interceptor to the sewer system is prohibited. Grease removed from FOG
interceptors shall be hauled, by a permitted waste hauler, periodically, as
defined in the FOG Wastewater Discharge permit, as part of the operation and
maintenance requirements for FOG interceptors.
(8) Operation of FOG interceptors with FOG and solids accumulation exceeding
twenty -five (25) percent of the design hydraulic depth of the grease interceptor
(twenty -five (25) percent rule).
(9) Renderable FOG shall not be disposed of in any sewer, septic tank or FOG
Interceptor. All renderable fats, oil and grease shall be stored in a separate,
covered, leak- proof, renderable FOG container, stored out of reach of vermin,
and collected by a FOG Transporter.
e) FOG WASTEWATER DISCHARGE PERMIT REQUIRED- No person shall discharge, or cause to
be discharged any wastewater from FSEs directly or indirectly into the City sewer system
without first obtaining a FOG Wastewater Discharge permit pursuant to this Section.
f) FOG WASTEWATER DISCHARGE PERMIT APPLICATION FEE- The FOG Wastewater Discharge
Permit application and renewal fees shall be an annual fee of three hundred fifty dollars
($350) and as adopted by resolution of the Owasso Public Works Authority and shall be
paid by the applicant upon submittal of the required FOG Wastewater Discharge Permit
application for coverage under the FOG Management Program. Permit applications
shall be submitted within ninety (90) days of adoption of this Ordinance. Payment of all
applicable fees or charges must be received by the City upon submission of the permit
application. A permittee shall also pay any delinquent invoices in full prior to permit
issuance or renewal. Fees are non - refundable.
g) FOG TRANSPORTER PERMIT REQUIRED- It shall be unlawful and an offense for any person
or entity to collect or transport FOG interceptor /pretreatment system wastes within the
13
City of Owasso unless such person or entity possesses a valid FOG Transporter Permit
pursuant to this Section. Possession of a FOG Transporter Permit shall not relieve the
permit holder of any obligations to comply with all federal, state and local laws and
regulations including but not limited to applicable Pretreatment Standards and
Stormwater regulations.
h) FOG TRANSPORTER PERMIT APPLICATION AND RENEWAL FEE- The FOG Transporter Permit
application and renewal fees shall be an annual fee of one hundred dollars ($100) and
as adopted by resolution of the Owasso Public Works Authority and shall be paid by the
applicant upon submittal of the required FOG Transporter Permit application for
coverage under the FOG Management Program. Payment of all applicable fees or
charges must be received by the City upon submission of the permit application. A
permittee shall also pay any delinquent invoices in full prior to permit issuance or
renewal. Fees are non - refundable.
i) PERMIT REVOCATION: An issued permit may be terminated for, but not limited to the
following reasons:
(1) Failure to abide by permit requirements;
(2) Failure to pay fines;
(3) Failure to pay fees; or
(4) Failure to meet compliance schedules.
j) BEST MANAGEMENT PRACTICES REQUIRED- All FSE shall implement best management
practices in its operation to minimize the discharge of FOG to the sewer system. Detailed
requirements for best management practices shall be specified in the permit. This may
include, but not be limited to, kitchen practices and employee training that is essential in
minimizing FOG discharge. Commercial and industrial discharges shall also be in full
compliance with the provisions of this Ordinance.
k) FOG PRETREATMENT SYSTEM APPLICATION REQUIRED.
(1) FOG Pretreatment Systems shall be required for all new and existing FSE, including
restaurants, cafeterias, diners, and similar non - industrial facilities using food
preparation processes. FOG Pretreatment Systems shall not be required for single -
family private living quarters or dwelling units.
(2) All existing FSE that require a new FOG Pretreatment System, as determined by
the City of Owasso, shall submit an application for the installation of a new FOG
Pretreatment System within four (4) months of adoption of this Ordinance. The
approved FOG Pretreatment System shall be installed within one (1) year of
adoption of this Ordinance. The installation date may be extended at the
discretion of the City.
(3) All existing FSE that have an existing FOG Pretreatment System may, as
determined by the City of Owasso, keep the existing FOG Pretreatment System in
operation provided their FOG interceptors or traps are in good operating
condition. Such facilities shall submit an application for an "Alternate FOG
Pretreatment System." Such application shall be submitted within four (4) months
of adoption of this Ordinance.
(4) The City may require an existing facility to install a new FOG Pretreatment System
that complies with the requirements of the City of Owasso Plumbing Code, or to
14
modify or repair any noncompliant plumbing or existing grease interceptor or trap
when any one (1) or more of the following conditions exist:
a) The facility is found to be contributing grease in quantities sufficient to
cause line blockages or necessitate increased maintenance on the sewer
system.
b) Grease concentrations exceed one hundred (100) mg /1 on wastewater
effluent as determined by sampling performed by the City.
c) The facility does not have a grease interceptor or trap.
d) The facility has an irreparable or defective grease interceptor or trap.
e) Remodeling the food preparation or kitchen waste plumbing system is
performed which requires a plumbing permit to be issued by the City of
Owasso.
f) The facility is sold or undergoes a change of ownership.
g) The facility does not have plumbing connections to a grease interceptor
or trap in compliance with the requirements of this article.
(5) All costs and related expenses associated with the installation and connection of
the FOG Interceptor(s) or Alternate FOG Pretreatment System(s) shall be at the
FSE's expense.
1) FOG PRETREATMENT SYSTEM AND MAINTENANCE REQUIREMENTS.
(1) All FOG Pretreatment Systems must be installed in accordance with the
requirements of the City of Owasso Plumbing Code and shall be maintained
continuously in satisfactory and effective operation, at the FSE's expense.
(2) The FOG Interceptor shall be cleaned by a permitted FOG Transporter whenever
twenty -five (25) percent of the operating depth of the FOG Interceptor is
occupied by fats, oils, grease, and settled solids, or a minimum of once every
three (3) months, whichever is more frequent unless allowed by the City for good
cause shown. Such approval will be granted on a case -by -case basis upon
submittal of a request by the FSE documenting reasons for the proposed
frequency variance. The City shall not approve any request unless the applicant
demonstrates that the frequency variance will not result in the introduction of any
greater quantities of FOG into the public sanitary sewer system than would
otherwise be introduced. Cleaning of FOG Interceptors shall include the
complete removal of all contents, including floating materials, wastewater and
settled sludge. Decanting back into the FOG Interceptor shall not be permitted.
FOG interceptor cleaning shall include scraping excessive solids from the wall,
floors, baffles and all piping.
(3) All material removed and hauled from FOG Pretreatment Systems must be
performed by a FOG Transporter permitted by the City of Owasso.
m) MONITORING, REPORTING, NOTIFICATION AND INSPECTION REQUIREMENTS.
(1) The City may require periodic reporting of the status of implementation of best
management practices, in accordance with the FOG Management Program.
(2) The City may require reports for self- monitoring of wastewater constituents and
FOG characteristics for the permittee needed for determining compliance with
any conditions or requirements as specified in the FOG Wastewater Discharge
Permit or this Ordinance. Failure by the permittee to perform any required
monitoring, or to submit monitoring reports required by the City constitutes a
15
violation of this Chapter and shall be cause for the City to initiate all necessary
tasks and analyses to determine the wastewater constituents and FOG
characteristics for compliance with any conditions and requirements specified in
the FOG Wastewater Discharge Permit or in this Chapter. The permittee shall be
responsible for any and all expenses of the City in undertaking such monitoring
analyses and preparation of reports.
(3) Other reports may be required such as compliance schedule progress reports,
FOG control monitoring reports, and any other reports deemed reasonably
appropriate to ensure compliance with this Ordinance.
(4) Manifests will be used to track FOG interceptor /trap, oil /water separator and /or
grit trap waste from the initial generation of the waste to the final disposal. It will
be the responsibility of the FOG Transporter to prepare the manifest. Manifests will
be issued to each FOG Transporter who has been issued a permit by the City. The
I FOG Transporter will ensure that the form is completed entirely. The FOG
Transporter will keep a copy for his /her files, leave the appropriate copy of the
manifest with the generator and mail a completed copy to the Owasso Public
Works Department in accordance with the Permit. All FSE and FOG Transporters
will keep their copies of manifests on file for a time period of at least three (3)
years. The manifests will be kept in a conspicuous location and will be
immediately available to a representative of the City who is performing
inspections.
(5) Failure to accurately maintain the FOG information and records or if the records
are not available upon request is considered a violation of the permittee's FOG
Wastewater Discharge Permit.
n) RECORD KEEPING REQUIREMENTS- The permittee shall be required to keep all manifests,
receipts and invoices of all cleaning, maintenance, grease removal of /from the FOG
pretreatment system, FOG Transporter and disposal site location for no less than three (3)
years. The permittee shall, upon request, make the manifests, receipts and invoices
available to any City representative. These records shall be kept and include but are not
limited to:
(1) A record of FOG interceptor, grease trap or FOG pretreatment system cleaning
and maintenance practices.
(2) A record of best management practices being implemented including employee
training.
(3) Copies of records and manifests of FOG transporting interceptor contents.
(4) Records of sampling data and sludge height monitoring for FOG and solids
accumulation in the FOG interceptors.
(5) Records of any spills and /or cleaning by the FSE or FSE's contractor of private
lateral or building sewer system.
(6) Any other information deemed appropriate by the City to ensure compliance
with this Ordinance.
o) FALSIFYING INFORMATION OR TAMPERING WITH PROCESS- It shall be unlawful to make
any false statement, representation, record, report, plan or other document that is filed
with the City, or to tamper with or knowingly render inoperable any FOG pretreatment
system, monitoring device or method or access point required under this Chapter.
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SECTION 17 -311 - INDUSTRIAL WASTEWATER DISCHARGE PERMITS
It shall be unlawful to discharge wastewater to the public sanitary sewer except as authorized in
accordance with the provisions of this Ordinance. Upon promulgation of the Federal
Categorical Pretreatment Standards for a particular industrial subcategory, if the discharge
limitations defined in that regulation are more stringent than imposed under this Ordinance, the
categorical limitation shall govern.
(a) INDUSTRIAL WASTEWATER DISCHARGE PERMITS- After the effective date of this
Ordinance, no Industrial User shall discharge wastewater to the public sanitary sewer
without a valid Industrial Wastewater Discharge Permit issued by the City. All
Industrial Users proposing to connect to or to discharge wastewater, industrial waste,
and other waste to the public sanitary sewers shall obtain an Industrial Wastewater
Discharge Permit before connecting to or discharging to the public sanitary sewer.
(b) PERMIT APPLICATION - NEW ESTABISHMENT- Industrial Wastewater Discharge Permits
for new establishments constructed after the effective date of this Ordinance will be
issued only after the following conditions are met:
(1) Formal application is submitted on a form issued by the City.
(2) Where applicable, pretreatment facilities and /or flow regulating devices or
inspection chambers approved by the City have been installed.
(3) Estimated amounts and strengths of industrial wastes have been agreed upon by
both parties. When a discharger discharges 25,000 gallons or more daily,
strengths shall be based on actual samples from the point or points of discharge.
(4) All new discharges shall provide a control chamber or inspection chamber
subject to approval of the City.
(c) PERMIT APPLICATIONS - EXISTING ESTABLISHMENTS- Industrial Wastewater Discharge
Permits for existing establishments, after the effective date of this Ordinance, will be
issued only after the following conditions are met:
(1) Formal application is submitted on a form issued by the City within ninety (90)
days after the effective date of this Ordinance.
(2) Where applicable, plans and specifications for pretreatment facilities and /or
control or inspection chambers have been approved by the City.
(3) Estimated amounts and strengths of industrial wastes have been agreed upon
by both parties. When a discharger discharges 25,000 gallons or more daily,
strength shall be based on actual samples from the point or points of
discharge.
(d) PERMIT CONDITIONS- Industrial Wastewater Discharge Permits shall be expressly
subject to all provisions of this Ordinance and all other applicable regulations, user
charges and fees established by the City. Permits may contain the following:
(I) The unit charge or schedule of user charges and fees for the wastewater to
be discharged to a public sanitary sewer;
(2) Limits on the average and maximum wastewater constituents and
characteristics;
(3) Limits on average and maximum rate and time of discharge or requirements
for flow regulations and equalization;
17
(4) Requirements for installation and maintenance of inspection and sampling
facilities;
(5) Specification for monitoring programs which may include sampling locations,
frequency of sampling, number, types, and standards for test and reporting
schedule;
(6) Compliance schedules;
(7) Requirements for submission of technical reports or discharge reports;
(8) Requirements for maintaining and retaining plant's records relating to
wastewater discharge as specified by the City, and affording City access
thereto;
(9) Requirements for notification of the City of any new introduction of
wastewater constituents or any substantial change in the volume or
character of the wastewater constituents being introduced into the
wastewater treatment system.
(10) Requirements for notification of slug discharges;
(11) Other conditions as deemed appropriate by the City to ensure
compliance with this Ordinance.
(e) PERMIT ISSUANCE AND RENEWAL FEES- The Industrial Wastewater Discharge Permit
application and renewal fees shall be an annual fee of five hundred dollars ($500)
and /or as approved by resolution of the Owasso Public Works Authority and shall be
paid by the applicant upon submittal of the required Industrial Wastewater Discharge
Permit application for coverage under the Industrial Pretreatment Program. Payment
of all applicable fees or charges must be received by the City upon submission of the
permit application. A permittee shall also pay any delinquent invoices in full prior to
permit issuance or renewal. Fees are non - refundable.
For permit renewal, a certified annual report shall be submitted to the Director
certifying that there have been no changes in the operational procedures, flow
rates, BOD, and Suspended Solids values, or if there have been such changes,
furnishing the information in such detail as may be required by the City. Failure to
submit such reports shall constitute cause for the suspension of revocation of the
Industrial Wastewater Discharge Permit. Any significant changes in flow rate, BOD,
and /or Suspended Solids values or other characteristics of the industrial waste being
discharged shall be reported to the City within thirty (30) days of such changes. In
the event a permit is cancelled for any cause under the provisions hereof, a fee in
the amount twice the applicable initial permit fee shall be charged for subsequent
permit.
(f) PERMIT TRANSFER- Industrial Wastewater Discharge Permits shall be issued to an
Industrial User for a designated premise or premises. An Industrial Wastewater
Discharge Permit shall not be reassigned, transferred, or sold to a new owner, new
user, different premises, or new or changed operations.
(g) PERMIT MODIFICATIONS- Upon promulgation of Federal Categorical Standards, the
Industrial Wastewater Discharge Permit of applicable users shall be modified to
require compliance with such regulations and compliance with applicable
requirements under 40 CFR 403.12.
In
SECTON 17 -312 -CONFIDENTIAL INFORMATION
Information and data obtained from applications, questionnaires, permits, monitoring programs
and inspections and any other required reports or documents under this chapter shall be
available for inspection by the public or any government agency without restriction, unless a
user specifically states that the release of such information would divulge information, processes
or methods of production entitled to protection as trade secrets of the user. Any information
submitted to the City may be claimed as confidential in accordance with applicable federal
regulations. Any claim of confidentiality must be made at the time of submittal by stamping the
words "Confidential Business Information" on each page containing such information. When
requested by the user furnishing the report, the portion of a report which might disclose trade
secrets or secret processes shall not be made available for inspection by the public, but shall be
made available upon written request to governmental agencies for uses related to regulation of
the user's discharge; subject, however, to the confidentiality provisions of 40 CFR part 2, which
are incorporated by this reference as applicable to the City to the same extent part 2 is
applicable to the EPA, or any applicable state law. If a party to any judicial or administrative
proceeding or any court or any administrative agency (except as specified in this Section)
demands or subpoenas or orders the production of any such confidential information, the City
shall immediately notify the person who supplied such information so that the person shall have
the opportunity to secure judicial or administrative relief to preserve such confidentiality. Unless
such person gets such relief, the City will comply with such demand, subpoena or order if it is
legally required to do so. Wastewater constituents and characteristics will not be recognized as
confidential information. Persons, other than authorized representatives of the United States
Environmental Protection Agency or the state department of natural resources, requesting to
review information and data, must do so in writing and must pay all applicable costs associated
with the preparation and copying of such information and data.
SECTION 17 -313 - VOLUME AND SAMPLING OF INDUSTRIAL WASTE
The volume of waste may be determined by the same methods used to calculate the regular
sewer service charge. For establishments discharging less than 25,000 gallons per day, the BOD
and Suspended Solids values may be determined from standard values for various industries
established by the Director. In cases where the discharger desires to determine accurate values
of B.O.D. and Suspended Solids, the discharger shall install at their expense a control chamber or
inspection chamber at a location near the outlet of each building drain or connection with any
sanitary sewer of the City as approved by the Director. B.O.D. and Suspended Solids values
determined from samples collected from any establishment shall be reviewed by the Director,
the discharger and approved laboratory or an independent laboratory, employed by the
discharger and approved by the Director. Such reports shall contain a statement that the
sample collected and values determined are based on a twenty -four (24) hour composite
sample representative of the establishment's flow. Each Industrial User is subject to being
monitored at a minimum, annually, and subsequently assessed a monitoring charge.
SECTION 17 -314 - CONTROL CHAMBERS FOR INDUSTRIAL WASTE
Any person discharging or desiring to discharge industrial waste into the public sanitary sewer
system which leads to the City's wastewater treatment plant shall, within one (1) year from the
effective date of this Ordinance, provide and maintain in a suitable and accessible position on
the premises, or such premises occupied by them, an inspection chamber or manhole near the
19
outlet of each building sewer, drain, pipe, channel or connection which discharges industrial
waste into any sanitary sewer or any sewer connected therewith.
Every such manhole or inspection chamber shall be of such design and construction as to
prevent infiltration by ground and surface waters or introduction of slugs of solids by the
installation of screens with maximum openings of one inch, but of sufficient fineness to prevent
the entrance of the objectionable slugs of solids to the sanitary sewer system, and shall be so
maintained by the person discharging wastes so that any authorized representative or
employee of the City may readily and safely measure the volume and obtain samples of the
flow at all times. Plans for construction of control manholes or inspection chambers including
such flow measuring devices as may be required by this Ordinance, shall be approved by the
Director prior to the beginning of construction.
Section 17 -315 - Reserved
SECTION 17 -316 - POWERS AND AUTHORITY OF ENFORCING AGENTS
(a) RIGHT OF ENTRY- The Director or their duly authorized agents bearing credentials and
identification shall be permitted to gain access to such properties as may be
necessary for the purpose of inspection, observation, measurement, sampling, and
testing, to determine compliance of provisions of the wastewater discharge permit.
(b) NOTIFICATION OF VIOLATION- When the Director finds that a person has violated, or
continues to violate, any provision of this Ordinance, a wastewater discharge permit,
or order issued hereunder, or any other Pretreatment Standard or Requirement, the
Director may serve upon that person a written Notice of Violation. Within seven (7)
days of the receipt of such notice, an explanation of the violation and a plan for the
satisfactory correction and prevention thereof, to include specific required actions,
shall be submitted by the person to the Director. Submission of such a plan in no way
relieves the person of liability for any violations occurring before or after receipt of the
Notice of Violation. Nothing in this Section shall limit the authority of the Director to
take any action, including emergency actions or any other enforcement action,
without first issuing a Notice of Violation.
(c) TERMINATION OF DISCHARGE- In addition to the provisions in this Section, any person
who violates the following conditions is subject to discharge termination:
(1) Violation of wastewater discharge permit conditions;
(2) Failure to accurately report the wastewater constituents and characteristics
of its discharge;
(3) Failure to report significant changes in operations or wastewater volume,
constituents, and characteristics prior to discharge;
(4) Refusal of reasonable access to the person's premises for the purpose of
inspection, monitoring, or sampling; or
(5) Violation of the Prohibited Discharges in Section 17 -309 of this Ordinance.
Such person will be notified of the proposed termination of its discharge and be
offered an opportunity to show cause under this Section why the proposed action
should not be taken. Exercise of this option by the Director shall not be a bar to, or a
prerequisite for, taking any other action against the person.
go
(d) WATER SEVERENCE- Whenever a person has violated or continues to violate any
provision of this Ordinance, a wastewater discharge permit, or order issued
hereunder, or any other Pretreatment Standard or Requirement, water service to the
person may be severed. Service will recommence, at the person's expense, only
after the person has satisfactorily demonstrated its ability to comply.
(e) EMERGENCY SUSPENSION- The Director may immediately suspend a person's
discharge, after informal notice to the person, whenever such suspension is necessary
to stop an actual or threatened discharge, which reasonably appears to be present,
or cause an imminent or substantial endangerment to the health or welfare of
persons. The Director may also immediately suspend a person's discharge, after
notice and opportunity to respond, that threatens to interfere with the operation of
the POTW, or which presents, or may present, an endangerment to the environment.
Nothing in this Section shall be interpreted as requiring a hearing prior to any
Emergency Suspension under this Section.
(f) INJUNCTIVE RELIEF- When the Director finds that a person has violated, or continues to
violate, any provision of this Ordinance, a wastewater discharge permit, or order
issued hereunder, or any other Pretreatment Standard or Requirement, the Director
may petition the appropriate court of the State of Oklahoma for the issuance of a
temporary or permanent injunction, as appropriate, which restrains or compels the
specific performance of the wastewater discharge permit, order, or other
requirement imposed by this Ordinance on activities of the person. The Director may
also seek such other action as is appropriate for legal and /or equitable relief,
including a requirement for the person to conduct environmental remediation. A
petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any
other action against a person.
(g) ADMINISTRATIVE FINES -
(1) When it has been determined that a person has violated, or continues to
violate, any provision of this Ordinance, a wastewater discharge permit, or
order issued hereunder, or any other Pretreatment Standard or Requirement,
the Director may fine such person in an amount not to exceed one thousand
dollars ($1,000.00) per day per violation. Such fines shall be assessed on a per
violation, per day basis. In the case of monthly or other long -term average
discharge limits, fines shall be assessed for each day during the period of
violation.
(2) The Director is hereby authorized to establish an administrative procedure
or plan to be known as the Pretreatment Enforcement Response Plan for the
administration of this Chapter and the enforcement of compliance with the
provisions of this Chapter. The Director may amend the
Pretreatment Enforcement Response Plan from time to time as may be
necessary to enforce compliance.
(3) Unpaid charges, fines, and penalties shall, after thirty (30) calendar days, be
assessed an additional penalty of an amount, as approved by the courts
each year, of the unpaid balance, and interest shall accrue thereafter at the
allowed interest rate as approved by the State of Oklahoma Statutes. A lien
21
against the person's property will be sought for unpaid charges, fines, and
penalties.
(4) A person desiring to dispute such fines must file a written request for the City
Manager to reconsider the fine along with full payment of the fine amount
within ten (10) days of being notified of the fine. Where a request has merit,
the City Manager may convene a hearing on the matter. In the event the
person's appeal is successful, the payment shall be returned to the person.
The City Manager may add the costs of preparing administrative
enforcement actions, such as notices and orders, to the fine.
(5) Issuance of an administrative fine shall not be a bar against, or a prerequisite
for, taking any other action against the person.
(h) RECOVERY OF COSTS INCURRED- Any permittee violating any of the provisions of an
issued permit or this ordinance or causing damage to or otherwise inhibiting the
public sanitary sewer system shall be liable to the City of Owasso for any expense, loss
or damage caused by such violation or discharge. The cost incurred by the City of
Owasso for any cleaning, repair or replacement work caused by the violation will be
added to the permittee's monthly utility bill for payment.
(i) PROCESS OF APPEAL -
(1) Any person affected by any notice which has been served upon the person
in connection with the enforcement of any provision of this Section, or of any
rule or regulation adopted pursuant thereto, or who is aggrieved thereby,
and who believes the same to be contrary to the Ordinances or the
regulations of the City, may appeal and shall be granted a hearing on the
matter complained of before the City Manager; provided that such person
shall file in the office of the City Manager a petition containing a brief
statement of the grounds thereof, within ten (10) days after the notice was
served or received by the person. Upon receipt of such petition the City
Manager or designated representative shall set a time and place for such
hearing and shall give the petitioner written notice thereof. At such hearing,
the petitioner shall be afforded an opportunity to be heard and show cause
why such notice should be modified or withdrawn. The hearing shall be
commenced within not more than fifteen (15) days after the day on which
the petition is filed; provided that upon application of the petitioner, the date
of the hearing may be postponed for a reasonable time beyond such fifteen
(15) days period, and in the judgment of the City Manager or a designated
representative the petitioner has submitted a good and sufficient reason for
such postponement.
At such hearing, the City Manager or a designated representative may
sustain, modify or withdraw the notice, depending upon their findings as to
whether the provisions of the Ordinance and of the rules and regulations
adopted pursuant thereto have been complied with. If the City Manager or
a designated representative sustains or modifies such notice, it shall be
deemed to be final order; provided that any notice served pursuant to this
Section shall become a final order if written petition for hearing is not filed in
22
the office of the City Manager within ten (10) days after such notice is served
or received by the person upon which the some is served.
After the hearing in the case of any notices suspending the permit required
by this Ordinance and such notice having been sustained by the City
Manager or a designated representative, the permit shall be deemed to
have been revoked; provided that any such permit which has been
suspended by notice shall be deemed to be revoked if a petition for hearing
is not filed, in the office of the City Manager, within ten (10) days after such
notice is served or received.
APPEAL FROM FINAL ORDERS TO THE CITY OF OWASSO CITY COUNCIL, CITY OF
OWASSO, OKLAHOMA- The proceedings of any hearing held pursuant to this
Section, including the findings and decision of the City Manager or a
designated representative, shall be summarized, reduced to writing, and
entered as a matter of public record in the office of the City Manager. Such
records shall also include a copy of every notice or order issued in connection
with the matter. Appeals from any final order of the City Manager or a
designated representative may be made to The City of Owasso City Council,
within ten (10) days after a copy of the same has been served upon or
received by the petitioner. All such appeals shall be effective when a notice
thereof specifying the grounds of the appeal shall have been filed in the
office of the City Manager. Hearing an appeal shall be done before said City
Council meetings at their second regular meeting following filing of the notice
of appeal.
SECTION 17 -317 - CITY'S RIGHT OF REVISION
The City reserves the right to establish by ordinance or in individual wastewater discharge
permits more stringent Standards or Requirements on discharges to the POTW consistent with the
purpose of this ordinance.
SECTION TWO (2): RENUMBERING
That the provisions hereof shall be codified in the Code of Ordinances of The City of Owasso,
Oklahoma, as Part Seventeen (17), Utilities, Chapter Three (3), Sewer System, Section 17 -300
through 17 -321, respectively.
SECTION THREE (3): REPEALER
SECTION FOUR (4): SEVERABILITY
SECTION FIVE (5): EFFECTIVE DATE
SECTION SIX (6): CODIFICATION
01
PASSED AND ADOPTED THIS DAY OF
ATTEST:
APPROVED AS TO FORM:
FC!
nTity Wit ouf Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Roger Stevens
Public Works Director
SUBJECT: E 761h St N and HWY 169 Interchange Project
ODOT - Outstanding Invoice
DATE: October 9, 2015
PROPOSED ACTION:
The E 761h St N and Highway 169 Interchange improvements consisted of additional traffic lanes,
ramp re- configuration, addition of signalization and pavement overlay. This project was a joint
venture between the City of Owasso and the Oklahoma Department of Transportation (ODOT).
This project was completed in 2003.
Since February 2015, the City staff has been analyzing data received from ODOT regarding an
unpaid invoice in the amount of $216,089.30 related to this project. After an in -depth analysis of
the past due invoice and possible ramifications for not paying this outstanding invoice, City staff
is proposing this invoice be paid in full to ensure future federal funded projects are not
jeopardized.
INVOICE BACKGROUND:
In May 2006, the City received their first invoice from ODOT in the amount of $220,475.58. Since
that time, the ODOT, City Manager, and Public Works administration has changed and it is
unclear to the current staff why the initial invoice was left unresolved.
In September 2008 and June 2009, the City received a second and third request for payment in
the amount of $220,475.58. It was the city's position that too much time had lapsed since the
project was complete in 2003 and the request for payments (2006, 2008, 2009). It was
understood that discussions were held between the City and ODOT regarding the time lapse
between the project completion and first invoice date and based on those discussions, the City
would not be held responsible for the outstanding invoice. Thus, staff believed the issue was
resolved until the fourth request for payment was received in February 2015.
It's important to note, the fourth request invoice had an adjustment made by ODOT in the
amount of $4,429.32 which resulted in a revised total amount of $216,089.30.
PROJECT BACKGROUND:
In May 2001, our consultant (CH2MHill) submitted final review plans and estimated construction
cost to ODOT. The estimated construction cost at that time was calculated to be $1,223,000. As
a result of the submittal, the City of Owasso received correspondence from ODOT stating the
Transportation Commission programmed $700,000 and requested the City of Owasso participate
in this project in the amount of $523,000.
In August 2001, City Council approved Resolution 2001 -09 authorizing the city's participation in
the U.S. Highway 169 and 761h Street North Interchange Improvements in the amount of $523,000.
In September 2001, City Council approved Resolution 2001 -2012 authorizing the Mayor to
execute a Project Agreement for U.S. Highway 169 and 761h Street North Interchange
Improvements.
In November 2001, ODOT awarded a construction contract to Horizon Construction Company
Inc. in the amount of $1,076,142.90. In April 2003, construction was complete with seven change
orders increasing the final contract amount to $1,298,336.61.
CHANGE ORDERS: #1 thru #8 and Construction Administration Cost
The following information provides work description and funding source(s) for each Change
Order.
Change Order #I
This change order provided payment for the following items on a plan quantity basis:
Unclassified excavation, unclassified borrow, Type A salvaged topsoil, Class A concrete, Class C
concrete, and reinforcing steel. This particular change order had no cost associated to the
request.
Change Order #2
This change order provided for the relocation of a City of Owasso waterline found within the
project limits. Per ODOT, the work was requested by the City of Owasso and was to be funded
entirely with City funds. The additional labor and materials to relocate the water line cost is
$61,690.00.
Change Order #3
This change order provided for the overrun of the asphalt items necessary to overlay 76th Street
North within the project. Per ODOT, the work was requested by the City of Owasso and was to
be funded entirely with City funds. The additional asphalt material cost is $56,843.50.
Change Order #4
This change order provided for the cold milling necessary to complete appropriate tie -ins for the
overlay. Additionally, this change provided for the installation of manholes, curb inlets, and
drainage conduit to relieve water problems on 761h Street North. Per ODOT, the additional work
was requested by the City of Owasso and was to be funded entirely with City funds. The
additional labor and material cost is $8,627.52.
Change Order #5
This change order provided for the overrun of the aggregate base pay item. This was due to the
additional material needed to address unstable subgrade found on 76th Street and due to an
underestimation of the required quantity by the design engineer for the work specified on the
local road. Local, State and Federal funds are intended to be utilized to fund this overrun in
material. The additional material cost was $53,900.
Change Order #6
The change order provided for the additional work necessary to locate the appropriate center
line of construction prior to the continuation of the remaining work. The original centerline of
construction was mistakenly established at the wrong location due to the lack of control points
found on the project. Additionally, this change provided for the removal and relocation of signal
poles which were installed using the incorrect centerline of construction. Local, State and
Federal funds are intended to be utilized to fund this additional work. Additional cost totaled
$8,367.61.
Change Order #7
This change order provided for the reprogramming of the traffic signal phases at the
intersection. Local, State and Federal funds are intended to be utilized to fund this additional
service. The modification to the traffic signal program was $2,267.48.
Change Order #8
This change order provided for the overrun of the solid slab sod item on the contract. The
original plan quantity for this item of work was underestimated by the design engineer. Local,
State and Federal funds are intended to be utilized to fund this overrun in material. The
additional material cost was $34,926.92.
In all, the change orders cost total $226,623.03. After an adjustment was made by ODOT, total
amount was reduced to $222,193.71. ODOT utilized federal and state funds in the amount of
$91,994.87 to help offset the cost to the City of Owasso.
As a result, City of Owasso is responsible for the remaining change order balance of $130,198.84.
In addition, the City of Owasso is responsible for $85,890.46 of the construction administration
services. The remaining balance of $59,248.51 has been funded with federal and state funds.
As a result, the total cost to the City of Owasso for the change orders and construction
administration services is $216,089.30.
ATTACHMENTS:
Project Cost Breakdown
ODOT INVOICES
Resolution 2001 -09
Resolution 2001 -2012
Project Agreement
City of Owasso
16901(04) STPY- 030N(025)TR
Intersection modification and traffic signals at US -169 & 76th street North
Construction
Original Contract
C/O 1
C/O 2
C/O 3
C/O 4
C/O 5
C/O 6
C/O 7
C/O 8
Adjustments
Total Contract
1,076,142.90
61,690.00
56,843.50
8,627.52
53,900.00
8,367.61
2,267.48
34,926.92
(4,429.32)
1,298,336.61
Total Project Cost
Construction - part 1,298,336.61
Engineering - part* 145,138.97
* Feds capped at $630K
all non participating
all non participating
all non participating
Federal Share
575,137.77
City Share
653,198.84
85,890.46
739,089.30
Deposits
9/18/2001 523,000.00 City share of orginal estimate
0
523,000.00
Additional Invoices
5/17/2006 220,475.58 Final invoice based on actual costs
9/9/2008 220,475.58 Final invoice -2nd notice
6/8/2009 220,475.58 Final invoice -3rd notice
2/27/2015 216,089.30 Adjust Final Invoice
City Share Breakdown
truction - part
leering - part
I City Share of project
Deposits on Hand
I County Share Due
653,198.84
85,890.46
739,089.30
(523,000.00)
216,089.30
State Share
70,000.00
OK AROMA DEPARTMENT OF TRANSPORTATION
200 N. t:. 21 it Street
Oklahoma City, OK 73105 -3204
September 9, 2008
City of Owasso
Attn: Director of Public Works
P.O. Box 180
Owasso, OK 74055.0180
To Whom It May Concern,
Enclosed you will find an invoice for the City's share of costs associated with the completion
of this project.
Job Piece: 16901(04)
Project ID: STP- 030(025)TR
Balance Due: $220,475.58
Please remit the balance due by, October 9, 2008
If you have any questions, please contact me at (405) 521 -2591.
Sincerely,
akzm-�S
Chelley Hilmes
Comptroller
CH:jdt
Enclosure
"The mission offha oklahomaDepartmie d of 9F011sp0144tion is to providers safe, ecommnteal, and
effeetive iransportadon nelwarkfor the people, conanerce and ,nnuamiitim ofoklahoma"
AN EQUAL OPPORTUNITY EMPLOYER
Oklahoma Department of Transportation
Comptroller Division
200 N.E. 21st Street
Oklahoma City, OK 73105 -3204
Phone (405) 521 -2591 Fax (405) 522 -0137
Total Due to State
Make all checks payable to Oklahoma Department of Transportation
Payment Is due immediately
Invoice #
16901(04)
Date
September 9, 2008
Comptroller Division
To:
City of Owasso
Project ID:
STP- 030(025)TR
Job Piece:
16901(04)
Attn: Director of Public Works
P.O. Box 180
-
Owasso, OK 74055 -0180
SECOND NOTICE
Description: US -69 / 76 St.
Interchange modification in Owasso.
Project Cost
$ 1,443,475.58
City Share
743,475.58
Deposits on Hand
(523,000.00)
Due to State
$ 220,475.58
Total Due to State
Make all checks payable to Oklahoma Department of Transportation
Payment Is due immediately
June 8, 2009
City of Owasso
Attn: Mr. Doug Bonebrake, Mayor
P. O, Box 180
Owasso, OK 74055
Dear Mayor Bonebrake,
Invoice# 16901(04) -1
Project ID STP - 030 (025) TR
3rd Nofice
Enclosed you will find an invoice for the necessary project sponsor matching funds associated with the
project— US -69/76 street Interchange modification in Owasso.
Project ID: STP - 030 (025) TR
Job Piece Number: 16901(04)
r Balance Due: $220,475.58
Please remit the balance due by: July 8, 2009
Should you have any questions or concerns, please contact Olusola Harris or Kim Ables at (405)1891-
2591.
Sincerely,
Chelley Hilmes
Comptroller
CH:ka
Attachment(s)
"The misslon ofthe OldahomaDepartraeat ofYFaespmTattoe is toprovide a safe, ecanomical, and
effecdya 7ransporladon natryorh for the people, commerce aarl coa,,,,writiea of olllahoma."
AN EQUAL OPPORTUNITY EMPLOYER
i
Oklahoma Department of Transportation
Comptroller Division
200 N.E. 21st Street
Oklahoma City, OK 73105 -3204
Phone (405) 521 -2591 Fax (405) 522 -0137
To:
City of Owasso
Attn: Mr. Doug Bonebrake, Mayor
P. O, Box 180
Owasso, OK 74055
Date: June 8, 2009
Invoice# 16901(04) -1
For:
Project No. STP- 030(025) TR
J/P 16901(04)
City of Owasso - US -69176 Street Interchange modification in Owasso
Project Costs 1,443,475.58
num amount of Federal/State Participation 700 000.00
mt Due from City 743,475.58
Deposit from City 9 -18 -2001 523,000.00
Amount Due from City
Make all checks payable to Oklahoma Department of Transportation
Payment is due within 30 days
0
,��peNroF OKLAHOMA DEPARTMENT OF TRANSPORTATIO14
200 N. E. 21st Street
Sao Oklahoma City, OK 73105 -3204
s
February Z7,2015
City of Owasso
ATTN: Warren Lehr, City Manager
111 N. Main
Owasso, OK 74055
Dear Mr. Lehr:
Enclosed please find an invoice for the necessary project sponsor matching funds associated with the
completed project below — Final costs related to intersection modification and traffic signals at US -169
and 76th Street North.
Project ID: STPY- 030N(025)TR
Job Piece Number: 16901(04)
Balance Due: $216,089.3D
Please remit the balance due by: March 27, 2015
Should you have any questions or concerns, please contact Tommy Foskin or Charmalet Williams at
(405) 521 -2591.
Sincerely;
Chelley Hilmes, CPA
Comptroller
CH:art
Attachment(s)
"Tha InfSa•Iwt oflke OklnAanrt DepmYOreuf af7Frtnapm'falfou into provide n 5+fa, ecanondca7, and
e&dIve frasporfallon nekvork fur tie people, cornmerca and cnounnuftes of Oklahoma."
AN EQUAL OPPORTUNITY eMPLOYER
Project;
Description:
City:
Note:
Oklahoma Department of Transportation
Funding Breakdown
STPY- 030N(025)TIi Job Piece: 16901(04)
Intorsee0on modifiention & traffic siganis at US -169 & 76th StrcctNm9h
Owasso
Date: 2(27/2015
Lrvoica 16901(04) -IF
$ 630,000,00 $ 739,089.30 $ 74,386.28
Cost Breakdown
Construction
Total Construction Cost $ 1,298,336.61
Federal Reimbursement $ 575,137.77
State Costs 70,000.00
Balance of Construction Cost 653,198,84
Bn ineerine
Total Engineering Cost
Federal
Federal Reimbursement
Reimbursement City Costs State Cost
Tote I Project Cost
$ 1,443,475.58
Construction Cost
1,298,336.61 575,137.77 653,198.84 70,000.00
Engineering Cost
145,138.97 54,862.23 85890,46 4 386 28
$ 630,000,00 $ 739,089.30 $ 74,386.28
Cost Breakdown
Construction
Total Construction Cost $ 1,298,336.61
Federal Reimbursement $ 575,137.77
State Costs 70,000.00
Balance of Construction Cost 653,198,84
Bn ineerine
Total Engineering Cost
145,138.97
Federal Reimbursement
54,862.23
State Costs
4,386.28
Balance ofEngnteering Cost
85,890,46
Total AinountDne Soon City $ 739,089.30
Deposit On Hand $ 523,000.00
Amount Due /(Amount of Refund) $ 216,089.30
This project lies been closed and the above represents actual final costs.
11
,200 N. E. 21 s Street
Oklahoma City, OK 73905 -3204
May 17, 2006
City of Owasso
Director of Public Works
PO Box 180
Owasso, OK 74055 -0180
To Whom It May Concern:
Q 0Qtp -65- 066 .4
Enclosed you will find an invoice for the necessary project sponsor matching
funding associated with the completion of the project:
Job Project: 16901(04)
Project ID: STP- 030(025)TR
Balance Due: $220,475.58
Please remit the balance due by: August 15, 2006
Thank you for your cooperation. If ypu have any questions, please contact me at
(405)521 -2591.
Sincerely,
Chelley Hilmes
Finance Branch Manager
Comptroller Division
CH:jg
Enclosure
"The mission of the Oklahoma Deparhnent of Dwisportadon is to providers safe, econondcal, and
effecdve O'911spw4afrbn nehNrkfor thepeop7e, canmerce and cannmmddes of O/d'i"' ."
AN EQUAL OPPORTUNITY EMPLOYER
0
Oklahoma Department of Transportation
Funding Breakdown
Project: STP•030(025)TR 16901(04)
Description: Modification and Traffic Signals at the Junction of US- 169 & 76th Street North
City:
Reimbursed City Cost State Cost
Total Project Cost $1,443,475.58
Construction Cost 1,298,336.61 700,000.00 598,336.61
Engineering Cost 145,138.97 - 145,138.97
$ 700,000.00 $ 743,475.58 $ _
Cost Breakdown
Construction
Total Construction Cost
$1,298,336.61
Federal Reimbursed Construction Cost
700,000.00
State Portion of Construction Cost
Balance of Construction Cost
598,336.61
Engineering
Total Engineering Cost
145,138.97
Federal Reimbursed Engineering Cost
-
State Portion of Engineering Cost
Balance of Engineering Cost
145,138.97
Total Amount Due from City $ 743,475.58
Deposit On Hand $ 523,000.00
(Amount Due) / Amount of Refund $ (220,475.58)
CITY OF OWASSO, OKLAHOMA
RESOLUTION NO 2001 -09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA PLEDGING ADDITIONAL FUNDING TO THE U.S. HIGHWAY
169 AND 76TH STREET NORTH INTERCHANGE PROJECT.
WHEREAS, it is in the best interest of the City of Owasso, Oklahoma to construct U.S.
Highway 169 and 76 "' Street North Interchange Improvements (Federal Aid Project No. STP-
030N(025) and State Job Piece No. 16901(04)); and,
WHEREAS, the most recent engineering construction cost estimate is $1,231,000; and,
WIIEREAS, funding approved by the Oklahoma Transportation Commission in October
1997 was $700,000; and,
WHERE AS, additional funds in the amount of $523,000 are needed to enable to project to
proceed immediately and avoid a wait of two to three years for additional funds to become available
to the Traffic Engineering Division.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OWASSO, OKLAHOMA that the City of Owasso, Oklahoma commits to reallocate funds from
another ODOT - funded project, the 86 °i Street North and Main Street Intersection Project, and further
commits participation in the U.S. Highway 169 and 76`x' Street North Interchange Improvements
project in the amount of $523,000.
APPROVED this 7'1' day of August, 2001 by the City Council of the City of Owasso,
Oklahoma at a regularly scheduled meeting, in compliance with the Open Meeting Act.
Mary Lou Barnhouse, Mayor
ATTEST:
Marcia Boutwell, City Clerk
APPROVED AS TO FORM:
Ronald D Cates, City Attorney
CITY OF OWASSO, OKLAHOMA
RESOLUTION NO 2001 -12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA AUTHORIZING EXECUTION OF A PROJECT AGREEMENT
FOR THE U.S. HIGHWAY 169 AND 76 T11 STREET NORTH INTERCHANGE
PROJECT.
WHEREAS, it is in the best interest of the City of Owasso, Oklahoma to execute a Project
Agreement for construction of U.S. Highway 169 and 76'h Sheet North Interchange Improvements
(Federal Aid Project No. STP- 030N(025) and State Job Piece No. 16901(04)), by and between the
City of Owasso and the Oklahoma Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OWASSO, OKLAHOMA that the Mayor is hereby authorized and directed to execute the
above described agreement on behalf of the City of Owasso, Oklahoma.
APPROVED this 4 °i day of September, 2001 by the City Council of the City of Owasso,
Oklahoma at a regularly scheduled meeting, in compliance with the Open Meeting Act.
Mary Lou Barnhouse, Mayor
ATTEST:
Marcia Boutwell, City Clerk
APPROVED AS TO FORM:
Ronald D Cates, City Attorney
r9 OKLAHOMA DEPARTMENT OF TRANSPORTATION
'z 200 N. E. 21st Street
v Oklahoma City, OK 73105 -3204
a
d%JIO. N��Y
September 28, 2001
Mr. Robert Can
Director of Public Works
City of Owasso
P.O. Box 180
Owasso, Oldahoma 74055 --0180
Re; intersecflon Modification and Traifto Signals at the Junction of US -169 & 76th Street
North, Project No. STP- 030(025)TR, 7/P #16901(04) in the City of Owasso, Tulsa Co.
Dear Mr. Carr:
Enclosed for your files is one copy of the fully executed agreement covering the above
referenoedproject.
We appreciate your cooperation in the implementation of this project. Ifwe may be of further
service, please let us know.
Sincerely,
IV -
Harold R. Smart, RE,
Chief Traffic Engineer
HRS jgr
Enclosure
cc; Comptroller
Construction Divison
Division V1II Engineer
Office Engineer (2)
Right -of -way Division
RECEIVED
OCT 01 ?001
FINANCE
COMPTROLLERS
DIVISION
"2"10 m7sslon Of (lie Oldahonro Aeparfmout af7lnusporlaNar is to pinvlde d srcje, ecwmnrlcaf, mrd
effeed4v traosporlation 11e1rvorkf"11" people, connneeo and commro+ities ofO7drtl +amn.
PROJECT AGREEMENT
FOR
FEDERAL -AID SURFACE TRANSPORTATION PROGRAM PROJECT
PROJECT NUMBER STPY- 030N(025)TR
JOB PIECE NO. 16901(04)
FOR THE
INSTALLATION OF
TRAFFIC.SIGNALS
IN THE CITY OF OWASSO
TULSA COUNTY
BY AND BETWEEN
THE CITY OF OWASSO
AND
THE OKLAHOMA DEPARTMENT OF TRANSPORTATION
AGREEMENT
This AGREEMENT, made the day and yenrlast written below, by and between tho CITY of OWASSO, Oklahoma,
hereinafter referred to as the CITY, and the Department of Transportation of the State of Oklahoma, hereinafter referred
to as the DEPARTMBNT, for the following intents and purposes and subject to the following terms and conditions, to
wit:
WITNIISSIiTI3:
THAT the CITY proposes to make certain traffic improvements as directed by the Oklahoma Transportation
Commission at their meeting of October 6, 1997, Item # 193(E), authorizing State apportioned Surface Transportation
Project funds for participation in the project for traffic improvements in the CITY of OWASSO designated as Pederal -aid
Surface Transportation Project STP- 03ON(025)TR, IF# 16910(04) consisting of the actual traffic improvements asfollows:
TRAFFIC SIGNALS AT US -169 AND 76" Street North in the City of Owasso
All construction is to be in accordance with the plans and by reference made a part of this AGREEMENT. Such
plans are to be. in accordance with the Oklahoma Standard Speeificutions for Highway Constmetiou, Edition of 1999 and
current updates.
It is the policy of the Oklahoma Department of Transportation to assure compliance with Title VI of the Civil
Rights Act of 1964, and the CITY of OWASSO hereby agrees that as a condition to receiving any Federal financial
assistance it will comply with Title VI of the Civil Rights Act of 1964 which requires that no person in the United States
shall on the grounds of race, color, religion, sex, disability, or national origin, be excluded from the participation in, be
denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which Federal
Financial Assistance is 'received.
NOW, TIMREFORE, the parties hereto mutually agree as follows:
The Department agrees to provide the plaits, specifications, and construction cost ordinates for
this project
The DEPARTMENT and the CITY agree to become jointly responsible with the contractor ns co-
applicants formeeting all Deparmumtof Environmental Quality (DEQ) requirements forstormwatermnoff
DA this project. It is agreed that the project plans and specifications, required schedules for
accomplishing the temporary and permanent erosion control work, the storm water pollution prevention
Plan shoot and appropriate USGS topogmpldc map contained in the plans constitute the storm water
management pion for the project described previously in this document. Further, if required, the
DEPARTMENT and the CITY agree to file jointly with the contractor the general National Pollutant
DischargeEllmination system (NPDES) permitwith the DEQ which authorizes the storm waterdischarges
associated with industrial activityfrom the construction site identified in this document.
3. That prior to the DEPARTMEW's advertising for bids or otherwise authorizing work on said
Project, the CITY agrees to famish without cost to die DEPARTMENT all rights -of -way needed for the
construction of said project, free and clear of all obstructions And encumbrmnces of whatsoever nature,
which would interfere with construction of the projcot, including but not limited to utiatypoles, pipelines,
buildings, signs and other facilities above or below the surface of the ground,
Tile CITY further agrees that it shall cause the adjustment or relocation ofpnblic orprivate utility
facilities occupying the tights -of -way for said project, provided dho adjustment or relocation of some is
needed to accommodate construction of the project; the CITY further agrees that it shall accomplish said
utility adjustment or relocation at the sole expense of the CITY, except in those cases in which the owner
of said utility facility is required by law to assume the cost thereof.
4. ' The CITY agrees to acquire legal title to said rights -of -way in the name of the CITY; that ail such
acquisition of rights -of -way shall be carried out and evidenced by written instruments, such as deeds,
written easdrul condemnation orders orjudgements and that the same shall be recorded in die Office
Of the County Clerk as provided by law. The CITY shall famish the DEPARTIv1ENT's Office of Land
Acquisition with true and correct copies of all written right-of- -way instruments add each copy of such
instruments shall be certified by the County Clerk as true and collect copy thereof and shall bear the
book and page number showing where the same is recorded and the exact date and time of recording
thereof, The CITY shall convey to the DEPARTMENT, by deed or easement, all right -of -way acquired
for A project located on die State I3ighway System. The CITY shall defend the tide in grid to all of such
rights -of -way at the sole expense of fire CITY; and the CITY hereby agrees to indemnify and save
harmless the DEPARTMENT from Puy and All claims, demands, suits or causes of action, whether the
same be at law or in equity, for damages or jest compensation or otherwise, arising from or in any way
connected with the CITY's acquisition or failurc to acquire said lands, or arising from or connected with
The construction of the project by the DEPARTMENT neon said lands.
5• . The DEPARTMENT agrees that Federal4d Surface Transportation Program project Funds shall
be used to ProviC - $ '�(jj land that State Funds shall be used to provideA„ps0. p r 777���ttt
d f the
original total estimated conshectiott costs of $700,000. #1 ' " " +•'�
Y,
*- tl` 1� � ..r?��f`ilrlils stla�l�secl?�
all be deposited with the DEPARTMENT prior to the advertisement for bids and prior to t}to and of the
�V currentfiscal year. The CPfYfurther agre
"y At, es that if the totalprojectcosts exceed $1,223,000, thatthe CITY
0 shall pay from lucallunds> all such costs.
6. Upon approval of this AGREEMENT' and the plans; specifications, and estimntos by the Federal
Highway Administration, the DEPARTMENT shall agree to advertise and let the contract for this project
in•the usual and customary manner. It is agreed that the projects herein contemplated , proposed to
be financed as previously described, and that this AGREEMENT, all plans, specifications, estimate of
costs, acceptance of work, payments, and procedure in general hereunder are subject in all things at all
tbnes to all Federal lays, regulations, orders, approvals as may be applicable hereto.
7. The CITY and DEPARTMENT agree that final adjustments in the final cost will be made upon
completion of the project.
g• The DEPARTMENT shall appoint competent supervision of the construction work to the.end of
obtaining work strictly in accorda,tcewith the approved plans and specifications.
9• The CITY shall by resoiution, duly authorize ire executio t of this AGREEMENT by proper
officials, and attach copies of such resolution to this AGREEMENT.
10. It is understood and agreed that the. roadway improvements and all devices specified herein shall
not be altered, removed, or cease to be operative without mutual written consent of the DEPARTMENT
and the CITY.
I1. The CI'T'Y agrees that upon completion of construction of said project, final inspection, and
acceptance of the project by the DEPARTMENT, the CITY will be responsible for the maintenance and
cost of operation of all traffic signal equipment erected and installed pursuant to this agreement and all
devices appurtenant thereto and of all street lighting located on the projectsite.
12• The CITY hereby agrees to periodically review the adequacy of the aforesaid project to insuro the
safety of the traveling public and should the CITY determine that further modification or improvement
be required, the CITY shall take such actions as are necessary to make such modification or improvement,
When maintenance and /or operational modifications are required which in the opinion of the
DEPARTMENT exceed the capabilities of the CITY's staff, the CITY agrees to retain, at the solo expense
of the CITY, competent personnel for the purpose of bringing the improvementup to theproper standard
of operation.
13. In the event that any hardware Installed hereunder is no longer needed for the purposes
designated herein, then the hardware installed hereunder shall not be removed by the CITY to any point
other than that which is approved by-the DEPARTMENT prior to such removal,
14. In the event there is no mutually agreed location forreinstallation, the CrrY will assumo complete
ownership of the equipment following removal if the traffic signal installation is ten (10) years old or older.
If the installation is less than ten years old_
(a} In the event that the CITY desires total ownership of the equipment, tite CITY shall
reimburse the DEPARTMENT for 57 % of the original equipment costs only, amortized for a ten
(10) year service life for the traffic signal, interest ignored, and assuming straight line of
depreciation.
(b) In the event the CITY does not desire total ownership of the equipment, the CITY shall
sell the equipment at public auction to the highest bidder. The CfrY shall reimburse the
DEPARTMENT 57% of the proceeds of such sale.
15. Upon completion of the aforesaid project, the CTYY hereby specifically agrees that the CITY
assumes any and all financial obligation for the operation of the aforesaid project.
16. If the CITY should fail to fulfill its responsibilities under this AGRBBhMNP, such a failure will
disqualify the CITY from future Federal -aid participation on any Federal -aid project. Federal funds are
to be witlffield until such time as a traffic engineering staff, satisfactory to the 1)EPARTNIIINT has been
Properly established and functioning, deficiencies in regulations have been corrected, or the traffic
operations improvements to be installed under this Agreement arc brought to a satisfactory condition
of maintenance.
17. The DEPARTMENT has taken the necessary actions to insure its work is in compliance with the
requirements of the Americans with Disabilitics Act. The DEPARTMENT agrees that its program or
activity will Comply with the requirements of the ADA.
The CITY will assist the DEPARTMENT in insuring compliance. Any CoSLof such compliance,
beyond the basic services supplied by the CITY, will be responsibility of the DEPARTMENT, Under no
circumstances will flte CTI'Y assist the DEPAR'.rMENT it' any activity which it deems to not be in
compliance with the ADA.
IN WITNESS FVHEREOP, the Chief Engineer of the Department of Transportation, pursuant to authority vested
in him by the Transportation Commission, has hereunto subscribed his name as Chief Engineer of the Department of
Transportation, nad the CITY has executed same pursuant to authority prescribed by law.
The CITY on the .5$h day of —A!24 1 2007, and the STATE on the 7a7 *- y of
- � T , 2001,
5
CITY OF OWASSO, OKLAHOMA
BYze�
APRM AND LEGALITi
BY.,
Y: �.�
CITY Attomey
S TATE OF OKLAHOMA
DEPARTIRgrOFTRANSPO ATION
By:
Chief En ' er
APPROVED TO 0 AND LEGALITY
BY:
.t7 General Counsel
The Ciloyw, out Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Roger Stevens
Public Works Director
SUBJECT: E 861h Si N and Mingo Rd Intersection Improvements
ODOT - Outstanding Invoice
DATE: October 9, 2015
PROPOSED ACTION:
The E 861h St N and Mingo Rd intersection improvements consisted of additional traffic lanes and
installation of traffic signals. This project was a joint venture between the City of Owasso and the
Oklahoma Department of Transportation (ODOT). This project was completed in November
2007.
Since February 2015, the City staff has been analyzing data received from ODOT regarding an
unpaid invoice in the amount of $34,640.53 related to this project. After an in -depth analysis of
the past due invoice and possible ramifications for not paying this outstanding invoice, City staff
is proposing this invoice be paid in full to ensure future federal funded projects are not
jeopardized.
INVOICE BACKGROUND:
In December 2011, the City received their first invoice from ODOT in the amount of $66,547.19.
Soon after, City staff identified a $28,800.86 billing error on ODOT's behalf. As result, the City
received a corrected invoice in June 2012 with a revised invoice of $37,746.33. As mentioned
above, in February 2015, City received another invoice with another revised amount of
$34,640.53. Shortly there receiving the invoice in June 2012, it was understood that discussions
were held between the City and ODOT regarding the time lapse between the project
completion and first invoice date and based on those discussions, the City would not be held
responsible for the outstanding invoice. Thus, staff believed the issue was resolved until the third
request for payment was received in February 2015.
PROJECT BACKGROUND:
In June 2006, our consultant (C2A Engineering) submitted final review plans and estimated
construction cost to ODOT. The estimated construction cost at that time was calculated to be
$1,549,859.00. Cost of construction was divided, whereby Federal -aid Surface Transportation
Program Project Funds will provide 80% ($1,235,200.00) and City of Owasso agreed to fund 20%
($314,659.00) of the estimated project cost in order to complete funding of the project.
In August 2006, City Council approved Resolution 2006 -21 authorizing the Mayor to execute the
project agreement and funding agreement between City of Owasso and ODOT. Also in August
2006, City Council approved payment of an invoice from ODOT in the amount of $314,659.00 for
the City of Owasso's share of estimated costs in the E 86th St N and Mingo Rd Intersection
Improvements.
In December 2006, ODOT awarded a construction contract to Becco Construction in the
amount of $1,557,979.50. In November 2007, construction was complete with six change orders
increasing the final contract amount to $1,663,627.45.
SUMMARY:
In conclusion, the cost associated with construction activities such as labor and material have
been paid for by ODOT and City of Owasso. The remaining balance of $34,640.53 is solely for
construction administration services. Generally, construction administration services are included
in the original construction estimate. However after further analysis, this cost was not included in
the original estimate by our engineering consultant. Thus, ODOT would like to be reimbursed for
such cost.
ATTACHMENTS
Project Cost Breakdown
ODOT Invoices
Resolution 2006 -21
Project Agreement
City of Owasso
17760(04) STP- 172B(108)IG
GRADE, DRAIN, SURFACE AND SIGNALS CITY STREET: 86 TH STREET NORTH AT MINGO ROAD IN OWASSO
ASPHALT GRADE = PG 64 -22 OI(FLEHIBLE ESALS = 2.6 MILLION
Construction
Original Contract
C/O 1
C/O 2
C/O 3
C/O 4
C/O 5
C/O 6
Liquidated Damages
Asphalt Binder
Total Contract
Total Project Cost
1,557,979.50
36,417.50
6,669.29
9,394.20
27,139.37
(148,741.92)
(18,000.00)
9,810.45
1,480,668.39
Construction - part
1,430,187.60
Construction - N/P
50,480.79
Engineering Contract- part*
176,721.39
Engineering Contract- N/P
6,237.67
Deposits
of which 6,607.50 was non participating
all non participating
all non participating
all non participating
80% -Fed share 20 %- City Share
1,144,150.08 286,037.52
141,376.98 35,344.41
9/6/2006 314,659.00 20% of original construction only
1/9/2007 28,800.86 after bid, prior to award - includesestengin
343,459.86
100% - City Share
50,480.79
.67
Additional Invoices .
11/27/2006 28,800.86 pd - after bid, prior to award
12/28/2011 66,547.19 Final invoice based on actual -didn't account for 01/09/07 deposit
6/14/2012 37,746.33 Corrected Final Invoice based on actual cost
2/27/2015 34,640.53 Revised Final
167,734.91
City Share
Construction - part (20 %)
Construction - N/P (100 %)
Engineering - part (20 %)
Engineering - N/P (100 %)
Total City Share of project
Less Deposits on Hand
Total County Share Due
286,037.52
50,480.79
35,344.41
6,237.67
378,100.39
(343,459.86)
34,640.53
"y
OKLAHOMA DEPARTMENT OF TRANSPORTATION jrt�7
200 N. E. 21st Street (,F� ��aZ
Oklahoma City, OK 73105 -3204
December 28, 2011
City of Owasso
ATTN: Mr. Bonebrake, Mayor
P. 0. Box 180
Owasso, OK 74055
Dear Mr. Bonebrake:
Invoice # 17760(04) -1
Project ID STP —172B (108) IG
NO
Enclosed you will find an invoice for the necessary project sponsor matching funds associated with the
project— East 86`h Street North at Mingo Road
Project ID:
Job Piece Number:
Balance Due:
Please remit the balance due by:
STP-172B (108) IG
17760(04)
$66,547.19
January 27, 2012
Should you have any questions or concerns, please contact Olusola Harris or Kim Ables at (405) 521-
2591.
Sincerely,
Chelley Hilmes
Comptroller
CH:ka
Attachment(s)
"The ruission ofthe Oklahoma Department ofTransportadon is to provide a safe, econondea, and
effective h•MispoMntiom nehvorkfovhe people, commerce and eonumenites of Oklahoma"
AN EQUAL OPPORTUNITY EMPLOYER
Oklahoma Department of Transportation
Comptroller Division
200 N. E. 21 st Street
Oklahoma City, OK 73105 -3204
Phone (405) 521 -2591 Fax (405) 522 -0137
To:
City of Owasso
Attn: Mr. Doug Bonebrake, Mayor
P. O. Box 180
Owasso, OK 74055
Date: December 28, 2011
Invoice # 17760(04) -1
For:
Project No. STP- 172B(108) IG
J/P 17760(04)
ption: City of Owasso - East 86th Street North at Mingo Road
otal Construction Costs
otal Engineering Costs
otal Costs
due - 20% plus all NIP costs
payment made 09/06/2006
Amount Due from County to date
1,552,149.18
114,584.07
1,666,733.25
Make all checks payable to Oklahoma Department of Transportation
Payment is due within 30 days
381,206.19
314,659.00
June 14, 2012
Invoice # 17760(04) -1F
ProjecttD STP- 172B(108)IG
City of Owasso
Attn: Mr. Doug Bonebrake, Mayor
P. O. Box 180
Owasso, OI< 74056
CORRECTED
Dear Mayor Bonebrake,
Enclosed you will find an invoice for the necessary project sponsor matching funds associated with the
project — East 86th Street North at Mingo Road .
Project ID:
Job Piece Number;
Balance Due:
Please remitthe balance due by;
STP — 172B(IOB)IG
17760(04)
$37,746.33
July 13, 2012
We would like to thank you for bringing the missing payment of $28,800.86 to our attention.
Should you have any questions or concerns, please contact Olusola Harris or Kim Ables at (405) 521-
2591.
Sincerely,
Chelley Hilmes
Comptroller
CH:ka
Attachment(s)
"The mission of the Oklethoaaa Deparbsent of7}ttnsportatlon is to pror�irte rz safe, economical, m,a
effedive O airspm7ntiornrebvorla f0"1ze peaple, c0"Merce mrct con""ruddes of Oklahoma."
AN EQUAL OPPORTUNITY EMPLOYER
Oldahoma De6artment of Transportation
Funding Breakdown
STP- 172B(108)IG 17760(04)
East 86th Street North at Mingo Road in Owasso
0
Total Project Cost
Construction Cost
Engineering Cost
Cost Breakdown
FHWA
$1,666,733.25
1,552,149.18 1,201,334.71
114,584.07 84,192.35
Construction
Total Construction Cost
Federal Prorata
Federal Reimbursed Construction Cost
State Portion of Construction Cost
Balance of Construction Cost
Engineering
Total Engineering Cost
Federal Reimbursed Engineering Cost
State Portion of Engineering Cost
Balance of Engineering Cost
Total Amount Due from City
Deposit On Hand
(Amount Due) / Amount of Refund
City Cost State Cost
350,814.47
30,391.72
$1,285,527.06 $ 381,206.19 $
$1,552,149.18
90,00%
1,201,334.71
350,814.47
114,584.07
84,192.35
30,391.72
$ 381,206.19
$ 343,459.86
$ (37,746.33)
o-�• ENroFr OKLAHOMA DEPARTMENT OF TRANSPORTATION
a b 200 N. E. 21st Street
y Y Oklahoma City, OK 731053204
' a
February 27, 2015
City of Owasso
ATTN: Warren Lehr, City Manager
111 N. Main
Owasso, OK 74055
Dear Mr. Lehr:
Enclosed please find an invoice for the necessary project sponsor matching funds associated with the
completed project below — Final costs related to intersection modification and traffic signals at 86 "'
Street North at Mingo Road.
Project ID:
Job Piece Number:
Balance Due:
Please remit the balance due by:
STP- 172B(108)IG
17760(04)
$34,640.53
March 27, 2015
Should you have any questions or concerns, please contact Tommy Fosldn or Charmalet Williams at
(405) 521 -2591.
Sincerely,
Chelley Hilmes, CPA
Comptroller
CH:art
Attachment(s)
�.
�/I 'nA
"Tta mnizlon of(Le Oklahoma Departatent of D•ansparfadon is to pradde a safe, ecanondcal and
effeeQwa lroespo•tallon network jar llre people, coawmxe and conminnallla ofOkGdnarua."
AN EQUAL OPPORTUNITY EMPLOYER
Oldairnnia Department of Transportation
Funding Breakdown
Project: STP- 172B(I08)1G Job Piece: 17760(04) Date: 2!27/2015
Description: Intersection modification &, hnffiesigonls afa6lb Street North at Miugolld Invoice# 17760(04) -IF
City: Owasso
Note:
Federal
Reimbursement City Costs State Cost
Total Project Cost $ 1,666,733.25
Construction Cost 11480,668.39 1,144,150.08 336,518.31
Engineering Cost 186,064.86 141,376.98 41,582.08 3,105.80
$ 1,285,527.06 $ 378,100.39 $ 3,105.80
Cost Breakdown
Construction
Total Construction Cost
$ 1,480,66839
FederalReinbursement
S 1,144,150.08
State Costs
..
Balance, of Construction Cost
336,518.31
En ineerine
Total Engineering Cost
186,064.86
Federal Reimbursement
141,376.98
State Costs
3,105.80
Balance of Engineering Cost
41,582.08
Total Amount Due from City $ 378,100.39
Deposit On Hand $ 343,459.86
Amount Due/(AmountofRefund) $ 34,640.53
This project has been closed and the above represents actual final costs.
ATTACHMENT C
CITY OF OWASSO, OKLAHOMA
RESOLUTION NO. 2006 -21
A RESOLUTION OF THE CITY COUNCIL OF TIIE CITY
OF OWASSO, OKLAHOMA, AUTHORIZING THE
MAYOR TO EXECUTE THE PROJECT (MAINTENANCE
AND FUNDING) AGREEMENT BETWEEN THE CITY
OF OWASSO AND TIIE OKLAHOMA DEPARTMENT OF
TRANSPORTATION FOR THE E. 86TH STREET NORTH
AND N. MINGO ROAD INTERSECTION
IMPROVEMENTS.
WHEREAS, it is in the best interest of the City of OWASSO, Oklahoma, to
execute the Project Agreement for Federal -aid Project Number STP- 172B(108)IO by and
between the City of OWASSO and the Oklahoma Department of Transportation.
NOW, THEREFORE, it is hereby resolved that the Mayor is authorized and
directed to execute the above described agreement on behalf of the City of OWASSO.
OF °
ORPICIAL O
SEAL
ATTES °kI n HoMP
i
Sherry Bisl , City Clerl
Approved as to form:
Julie Lombardi, City Attorney
ADOP ED this 15" day of August, 2006.
t — —
Stephen Cataudella, Mayor
form UR -AG -loo
ATTACHMENT D
AGREE IRNT
FLDFRA. -ND PROJECT
This Agreement, made the day and year last written below, by and between the City of
OWASSO, Oklahoma, hereinafter referred to as the LOCAL AGENCY, and the Department of
Transportation ol'the State of Oklahoma, hereinafter referred to as the DEPARTMENT, for the
following intents and purposes and subject to the following terms and conditions, to -wit:
WITNISSETI -f:
That the LOCAL AGENCY requests that certain street improvements be approved for
processing by the Oklahoma Transportation Commission as previously programmed by the
LOCAL AGENCY and designated as Federal -aid Project Number STP- 172B(108)IG consisting
of the actual improvements as follows:
Intersection Modification & Traffic Signals
86"' Street North at Mingo Road
WHEREAS, all construction is to be in conformance with the plans prepared by the
LOCAL AGENCY, which are by reference made part of this Agreement. Said plans are to be as
a minimum in accordance with the Oklahoma Standard Specifications for Highway Construction.
WHEREAS, the parties hereto have entered into a Right -of -Way, Public Utility and
Encroachment Agreement," which provided inter alia that the LOCAL AGENCY would be
responsible for furnishing all right-of-way for said project, free and clear of all obstructions,
encroachments, and that the LOCAL AGENCY shall at its sole expense maintain the project
after construction; and
WHEREAS, nothing herein contained shall be construed in any way to modify, alter,
rescind, or abridge any portion of the aforementioned "Right -of -Way, Public Utility and
Encroachment Agreement; and
NOW THEREFORE, the parties hereto mutually agree as follows:
(1) The LOCAL AGENCY agrees to the location of the subject project and acknowledge
receipt of and adopts the plans for said project as the official plans of the LOCAL
AGENCY for the streets, boulevards, arterial highways and/or other improvements
contained therein; and further the LOCAL AGENCY affirmatively states that it has fully
and completely examined these plans and does hereby warrant to the DEPARTMENT the
LOCAL AGENCY'S complete satisfaction with these plans, and the fitness of the plans to
construct the aforesaid project.
(2) The LOCAL, AGENCY certifies that the project design Mans comply, and the project
whin cnmplcled Will comply, with the applicable provisions of tile Department of.lustiee
u p1cluentalion plan of I itic III of the Americans with Disabilities Act, (42 U.S.C.
12101- 12213) as outlined in 28 CFR Part 35.
(3) The LOCAL AGENCY agrees to becomejointly responsible with the contractor as co-
applicants for meeting all Environmental Protection Agency (EPA) requirements for
storm water runoff on this project. It is agreed that the project plans and specifications,
required schedules for accomplishing the temporary and permanent erosion control work
and the storm water pollution prevention plan sheet contained in the plans constitute the
storm water management plan for the project described previously in this document.
(4) The LOCAL AGENCY agrees to prohibit parking on that portion of the project within
the corporate limits of the LOCAL AGENCY, except as may be indicated in the plans or
hereafter approved by Agreement with the DEPARTMENT. The LOCAL AGENCY
further agrees not to install or permit to be installed any signs, signals, or markings not in
conformance with the standards approved by the Federal Highway Administration and the
Manual on Uniform Traffic Control Devices (MUTCD).
(5) The LOCAL AGENCY further agrees and warrants to the DEPARTMENT that
subsequent to the construction of said project, the LOCAL AGENCY will:
(a) Erect, maintain and operate traffic control devices, including signals, signs and
pavement markings only in accordance with 47 O.S. 1991 Section 15 -104, 15 -105
and 15 -106, and subject to the Agreement of the DEPARTMENT:
(1) hi the event that any traffic signal installed hereunder is no longer needed
for the purposes designated herein, then the traffic signal installed
hereunder shall not be removed by the LOCAL AGENCY to any point
other than that which is approved by the DEPARTMENT prior to such
removal.
(2) In the event there is no mutually agreed location for the reinstallation, the
LOCAL AGENCY will assume complete ownership of the equipment
following removal, if the installation is ten (10) years old or older. If the
installation is less than ten (10) years old, and:
(a) In the event the LOCAL AGENCY desires total ownership of the
equipment, the LOCAL AGENCY shall reimburse the
DEPARTMENT for the original Federal funding percentage share
for the original equipment cost only, amortized for a ten (10) year
service life, interest ignored, and assuming straight line
depreciation.
(b) In the event the LOCAL AGENCY does not desire total ownership
of the equipment, the LOCAL AGENCY shall sell the equipment
at public auction to the highest bidder. The LOCAL AGENCY
shall reimburse the DEPARTMENT the original Federal funding
percentage share of the proceeds of such sale.
(1)) Subject to Agreement with the DEPARTMENT, regulate and control traffic on
said project, including but not limited to, the speed of vehicles, parking, stopping
and turns and to make no changes in the provisions thereof without the approval
of the DEPARTMENT. It shall be the responsibility of (lie LOCAL AGENCY to
notify the DEPARTMENT of any changes necessary to insure safety to the
traveling public.
(c) Maintain all drainage systems and facilities constructed, installed, modified or
repaired in conjunction with this project or as may be otherwise necessary to
insure proper drainage for road surfaces constructed under the terms of this
Agreement.
(d) Maintain all curbs and driveways abutting road surfaces constructed under the
terms of this Agreement and all sidewalks adjacent thereto.
(e) Maintain all right -of -way areas adjacent to road surfaces, including erosion
control and periodic mowing of vegetation in a manner consistent with applicable
codes, ordinances and regulations.
(f) Make ample provision annually for proper maintenance of items heretofore
delineated as the responsibility of the LOCAL AGENCY, including the provision
Of competent personnel and adequate equipment, and specifically, to provide all
required special maintenance of the project during the critical period immediately
following construction.
(g) Keep all permanent right -of- -way shown on said plans free from any encroachment
and take immediate action to effect the removal of any encroachments upon
notification by the DEPARTMENT. -
(6) The LOCAL AGENCY further agrees and warTants to the DEPARTMENT concerning
sign and highway facility lighting:
(a) The LOCAL AGENCY will upon notice from the DEPARTMENT Engineer
provide at its own expense all required electrical energy necessary for all
preliminary and operational tests of the highway lighting facilities.
(b) Upon completion of the construction of said project, and by the DEPARTMENT,
the LOCAL AGENCY will be responsible for the maintenance and cost of
Operation of these highway lighting facilities, including all appurtenances thereto
and including the sign lighting facilities.
(c) It is specifically understood and agreed that the highway lighting and sign lighting
facilities specified herein shall be continuously operated during the hours of
darkness between sunset and sunrise and shall not be altered, removed or be
allowed to cease operation without the mutual written consent of the
I)HPAR`fMIWf and tite LOCAL AGENCY .
8
(d) The LOCAL AGENCY agrees to provide on a periodic schedule an inspection,
cleaning and reIamping maintenance program to assure the maximum efficiency
of' fhc highway lighting facilities.
(e) In the event that highway lighting facilities installed hereunder are no longer
needed for the purposes designated herein, then the highway lighting facilities
installed hereunder shall not be removed by the LOCAL AGENCY to any point
other than which is approved by the DEPARTMENT prior to such removal.
(f) In the event there is no mutually agreed location for reinstallation, the LOCAL
AGENCY will assume complete ownership of the equipment following removal,
if the installation is twenty (20) years old or older. If the installation is less than
twenty (20) years old, and:
(1) In the event the LOCAL AGENCY desires total ownership of the
equipment, the LOCAL AGENCY shall reimburse the DEPARTMENT
for 75% of the original equipment costs only, amortized for a twenty (20)
year service life, interest ignored, and assuming straight line depreciation.
(2) In the event the LOCAL AGENCY does not desire total ownership of the
equipment, the LOCAL AGENCY shall sell the equipment at public
auction to the highest bidder. The LOCAL AGENCY shall reimburse the
DEPARTMENT 75% of the proceeds of such sale.
(7) The LOCAL AGENCY agrees, affirms and warrants to the DEPARTMENT that the
LOCAL AGENCY will be responsible, during the period of construction, for any repairs
or maintenance to the approved detour route or any other street which may be required as
a result of additional traffic.
(8) The LOCAL AGENCY agrees to comply with Title VI of the Civil Rights Act of 1964,
78 O.S. § 252.42, U.S.C. §2000d -et seq., and all requirements imposed by or pursuant to
Title 49, Code of Federal Regulations, of Secretary of Transportation, Part 21 -
"Nondiscrimination in federally assisted Programs of the Department of Transportation-
Effectuation of Title VI of the Civil Rights Act 1964."
(9) The LOCAL AGENCY agrees that it will, by resolution, duly authorize the execution of
this Agreement by the proper officials, and attach copies of such resolution to this
Agreement.
(10) The DEPARTMENT and the LOCAL AGENCY mutually recognize that each party is a
governmental entity subject to the provisions of the Governmental Tort Claims Act (51
O.S, 1991 § 151 et seq.). The DEPARTMENT and the LOCAL AGENCY hereby
mutually agree that each is and may be held severally liable for any and all claims,
demands, and suits in law or equity, of any nature whatsoever, paying for damages or
otherwise, arising from any negligent act or omission of any of their respective
employees, agents or contractors which may occur during the prosecution or performance
of this Agreement to the extent provided in the Governmental Tort Claims Act. Each
party agrees to severally bear all costs of investigation and defense of claims arising under
the Governmental Tort Claims Act and any judgements which may be rendered in such
cause to the limits provided by law. Nothing in this section shall be interpreted or
consu ucd to waive any legal defense which may be available to a party or any exemption,
limitation or exception which may be provided by the Governmental Tort Claims Act.
(1 l) Based on a total estimated construction cost of $1,549,859.00, the LOCAL AGENCY
agrees that local funds shall be used to provide 100% of any nonparticipating costs
(estimated at $5,859.00) and 20 percent of the participating project costs (estimated at
$308,800.00). The LOCAL AGENCY's total obligation is presently estimated at
$314,659.00 ( Three - Hundred - Fourteen- Thousand- Six - Hundred - Fifty- Nine - Dollars). Any
amount due shall be deposited with the DEPARTMENT prior to advertisement for bids.
(12) The DEPARTMENT agrees that Federal -aid Surface Transportation Program funds shall
be requested to provide 80 percent of the participating project costs. The amount of
federal funds are presently estimated at $1 235 200 00 (One- Million- Two - Hundred-
Thirty- Five - Thousand- Two - Hundred- Dollars)
(13) It is understood by the LOCAL AGENCY that no State funds are utilized in any phase or
aspect of this project. Only LOCAL AGENCY and Federal funds are to be utilized.
(14) Upon approval of this Agreement and the plans, specifications, and estimates by the
DEPARTMENT and Federal Highway Administration, if applicable, the DEPARTMENT
shall agree to advertise and let the contract for this project in the usual and customary
legaL manner. It is agreed that the project herein described is proposed to be financed as
previously set forth, and that this Agreement, all plans, specifications, estimates of costs,
acceptance of work, payments and procedures in general hereunder are subject in all
things at all times to all Federal laws, regulations, orders and approvals as may be
applicable hereto.
(15) It is understood by the LOCAL AGENCY and the DEPARTMENT that the funding
participation stipulated herein may be altered due to construction supervision costs and/or
nonparticipating items incurred during construction. Upon final acceptance of this
project, the amount of Federal funds received and the amount previously deposited by the
LOCAL AGENCY will be deducted from the total cost and a refund will be made by the
DEPARTMENT to the LOCAL AGENCY or additional funding will be requested from
the LOCAL AGENCY.
(16) The DEPARTMENT agrees to construct said project in strict accordance with the plans
furnished and approved by the LOCAL AGENCY: provided that upon consultation with
and Agreement by the LOCAL AGENCY, the DEPARTMENT shall have the right to
make such changes in the plans and specifications as are necessary for the proper
construction of the project. The DEPARTMENT shall provide competent supervision at
all times that the work is in progress. The LOCAL AGENCY shall have inspectors on
Phu project site as the LOCAL AGENCY determines necessary to insure coil ction of
the project t o t he satisfaction o f t he LOCAL AGENCY and shall have representatives
available Rx' con.tiultation with the DlTARTfvllWf representatives to cooperate fully to
the end of obtaining worl< strictly in accordance with the LOCAL AGENCY's approved
Plans and specifications.
(17) The LOCAL AGENCY agrees that the LOCAL AGENCY will intervene as a party
defendant in all actions where a contractor may allege delay due to failure of the LOCAL
AGENCY to accomplish timely utility relocations, site conditions which are not as
represented on the plans, or plan errors which impact on project constructability, whether
in the District Court or in an alternative dispute resolution forum; and will defend all such
actions and will pay all damages relating to delay as may be assessed by such court or
alternative dispute resolution forum against the LOCAL AGENCY for its adjudged
failure.
(18) Failure by the LOCAL AGENCY to fulfill its responsibilities under this Agreement will
disqualify the LOCAL AGENCY from future participation in any Federal -aid project.
Federal funds are to be withheld until such time as the deficiencies in regulations have
been corrected or the improvements to be constructed under this Agreement are brought
to a satisfactory condition of maintenance.
(19) It is further specifically agreed and understood between the LOCAL AGENCY and the
DEPARTMENT that the project will be built in accordance with the plans and
specifications, and upon final acceptance by the LOCAL AGENCY and the
DEPARTMENT of this project, the LOCAL AGENCY does hereby accept full, complete
and total responsibility for the maintenance of this project as provided in this Agreerent..
The LOCAL AGENCY does not waive any rights against any contractor(s) with respect
to defects, hidden or otherwise, in materials or workmanship. The LOCAL AGENCY
does not, pursuant to this provision or any other provision in this Agreement, waive its
sovereign immunity or any exemption from, exception to or limitation of liability as
provided in the Governmental Tort Claims Act.
(20) The Secretary of the DEPARTMENT may terminate the contract in whole, or from time
to time in part, whenever:
(a) The requisite federal funding becomes unavailable through failure of
appropriation or otherwise.
(b) The contractor, is prevented from proceeding with the work as a direct
result of an Executive Order of the President with respect to the
prosecution of war or in the interest of national defense, or an Executive
Order of the President or Governor of the State with respect to the
preservation of energy resources.
(c) The contractor is prevented from proceeding with the work by reason of a
Preliminary, special, or permanent restraining order of a court of
competent jurisdiction where the issuance of such order is primarily
OKLAHOMA DEPARTMENT OF TRANSPORTATION
AOa &e check PAYABLE and M A I L TO:
To: City of Owasso
P O Box 180
Owasso OIC 74055
INVOIC'Is'
ATTACHMENT E
Oklahoma Department orTransportation
Comptroller Division
200 N. I �. 21" Strect
Oklahoma City, OK 73105-3204
Division Invoice No. 17760(04)
Division Name: Local Government
Date: August 1, 2006
Description — Explanation of Charge
Quantity
Price Each
Total
Due Date: September 19ih, 2006
STP- I72B(l08)IG
Intersection Modification & Traffic Signals
86 "' Street North at Mingo Road
Total Estimated Project Cost
$1,549,859.00
(Less Federal Funds)
($1,235,200.00)
City of Owasso Funds Now Due
$314,659.00
lnvoicc Total
Accounting Use Only
Distrihuiiuu of Copies:
Pm'dmscr
Rc mh wish Payinnu
Ilivisiun 1'mjee1 Pile
I tieilhm ArnaWing
I li visiml Acry, dn�uir.' 6ily
<'unq�n nflrr
City of Owasso - 86"/Mingo
Intersection Modification & Traffic Signals
Final Estimate
August 1, 2006
Item
Contract amt
Est. Contract
Admin
Total
Federal
Local
Roadway
$1,218,500.00
$103,572.50
$1,322,072.50
$1,057,658.00
$264,414.50
Construct
$49,500.00
$4,207.50
$53,707.50
$42,966.00
$10,741.50
Staking
$25,000.00
$0.00
$25,000.00
$20,000.00
$5,000.00
Traffic
$132,000.00
$11,220.00
$143,220.00
$114,576.00
$28,644.00
Non Part
$5,400.00
$459.00
$5,859.00
$0,00
$5,859.00
Total
$1,430,400.00
$119,459.00
$1,549,859.00
$1,235,200.00
$314,659.00
Federal
Share
80.00%
caused by the acts or omissions orpersoIIs or agencies other than the
contractor.
(d) -1 lie Secretary (ICICI'1I11nC, Ihat such tcnuinution is in the best interest of the
SIatc.
IN WITNESS WI IEREOF, the Director or the Department of Transportation, pursuant to
authority Vested in him by the State Transportation Commission, has hereunto subscribed his
name as Director of the Department of Transportation and the LOCAL AGENCY has executed
same pursuant to authority prescribed by law for the Department.
The LOCAL AGENCY on this !—
(, 7 clay of �nt' , �L�, and the
DEPARTMENT on the day of
APPROVED AS TO FORM
AND LEGALITY
City Attorney - Julie Trout Lombardi
APPROVED AS TO FORM
AND LEGALITY
General Counsel
LOCAL AGENCY
(CITY OF OWASSO)
Mayor -
ATTEST:
Y G\�y of O�Z
ti� 9SN�
OFFICIAL O
SEAL
STATE OF OKLAHOMA
DEPARTMENT OF TRANSPORTATION
Assistant Chief Engineer/Director - Preconstruction
191
OKLAHOMA DEPARTMENT OF TRANSPORTATION
200 N. E. 21 st Street
Oklahoma City, OK 7:3105 -3204
August 1, 2006
Ana C. Stagg
Public Works Director
City of Owasso
P.O. Box 180
Owasso, OK 74055
Re: Project Number: STP- 172B(108)IG
State Job Number: 17760(04)
City: Owasso
Description: Intersection Modifications & Traffe Signals
Location: 86th Street North & Mingo Road
We are transmitting (3) copies of the project maintenance and funding agreement for the noted
location. Please review and arrange for the execution of this agreement by the appropriate City
officials. When completed, please return all agreements to this office. We will obtain the required
ODOT signatures and provide you with a fully executed original for your files.
Attached is an invoice for the City's estimated local share. Upon receipt of the executed
agreement, the City matching funds in the amount of $314,659.00 will be due 30 days prior to the
scheduled let date. We will adjust the project costs based on the actual approved bid.
If you need additional information, please contact this office at (405) 521 -2737.
Sincerely,
Mark Scott
Project Manager
Local Government Division
cc: Ray Jordan - Tulsa County
Tim Armer - INCOG
Transmittals
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AN P.OUAL OPPOR UINIiY EMPIoYRP
City of Owasso FY 2015 -2016
Monthly 3% Sales Tax Comparisons
$2,500,000
-----------
$2,000,000
$1,500,000
$1,000,000
$500,000
s-
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
. mud - -- WdBN rwt Ywr
Year -to -Date 3% Sales Tax Totals
$25,000,000
4
$20,0D0,000
$15,000,000
$10,000,000
$5,000,000
S
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
y— I - -- -- aw,m —a— WtY..r
City of Owasso
3% Sales Tax Report
Budget to Actual Comparison
October 9, 2015
Jul
Aug
Sep
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
Jun
Totals
2015 -2016
2015 -2016
Actual Collections
Budget Projections
Over (Under) Projection
Amount
Percent
Amount
Percent
Amount
Percent
$ 2,073,553
8.8%
$ 1,975,926
8.4%
$ 97,627
4.9%
1,973,796
8.4%
1,908,383
8.1%
65,413
3.4%
1,978,203
8.4%
1,890,263
8.0%
87,940
4.7%
2,011,576
8.6%
1,951,445
8.3%
60,131
3.1%
$ 8,037,128 34.2% $ 7,726,018 32.9% $ 311,110 4.0%
Estimated collection on 3% sales tax. Actual breakdown for half -penny not yet available.
City of Owasso
3% Sales Tax Report
Two Year Comparison
October 9, 2015
Note: Fiscal Year 2016 Sales Tax Budget is $23.5 million; FY'15 actual was $22.7 million
Fiscal 2015 -2016
Fiscal 2014 -2015
Increase or (Decrease)
Percent
Percent
Amount
of Budget
Amount
of Actual
Amount
Percent
Jul
$ 2,073,553
8.8%
$ 1,865,194
8.2%
$ 208,359
11.2%
Aug
1,973,796
8.4%
1,820,788
8.0%
153,008
8.4%
Sep
1,978,203
8.4%
1,832,861
8.1%
145,342
7.9%
Oct
2,011,576
8.6%
1,896,451
8.3%
115,125
6.1%
Nov
Dec
Jan
Feb
Mar
Apr
May
Jun
Totals
$ 8,037,128
34.2%
32.6%
8.4%
$ 7,415,294
$ 621,834
Note: Fiscal Year 2016 Sales Tax Budget is $23.5 million; FY'15 actual was $22.7 million
City of Owasso
Monthly 3% Sales Tax Revenues
Last Five Fiscal Years
2015 -2016 2014 -2015 2013 -2014 2012 -2013 2011 -2012 2010 -2011
Jul $
2,073,553
$
1,865,194
$
1,704,985
$
1,630,957 $
1,521,672
$
1,485,553
Aug $
1,973,796
$
1,820,788
$
1,678,483
$
1,521,846 $
1,485,586
$
1,409,806
Sep $
1,978,203
$
1,832,861
$
1,617,952
$
1,518,488 $
1,485,892
$
1,433,236
Oct $
2,011,576
$
1,896,451
$
1,677,145
$
1,560,824 $
1,517,701
$
1,467,321
Nov $
-
$
1,808,171
$
1,612,339
$
1,447,596 $
1,420,987
$
1,362,551
Dec $
-
$
1,862,936
$
1,748,989
$
1,605,740 $
1,488,693
$
1,423,011
Jan $
-
$
2,125,525
$
2,073,564
$
1,792,034 $
1,655,569
$
1,640,741
Feb $
-
$
2,004,466
$
1,990,104
$
1,817,864 $
1,748,280
$
1,675,132
Mar $
-
$
1,780,454
$
1,544,058
$
1,500,014 $
1,405,821
$
1,327,303
Apr $
-
$
1,781,713
$
1,696,815
$
1,499,708 $
1,454,787
$
1,310,850
May $
-
$
1,950,586
$
1,813,883
$
1,629,482 $
1,610,103
$
1,506,256
Jun $
-
$
1,998,314
$
1,864,533
$
1,643,878 $
1,547,919
$
1,487,182
$ 8,037,128
$
22,727,460
$
21,022,850
$
19,168,431
$ 18,343,008
$
17,528,943
Estimated collection on 3% sales tax. Actual breakdown for half -penny not yet available
City of Owasso
Half -Penny Sales Tax Report
Budget to Actual Comparison
October 9, 2015
Estimated collection on Half -Penny sales tax. Actual breakdown for half -penny not yet available
2015 -2016
2015 -2016
Actual Collections
Budget Projections
Over (Under) Projection
Amount
Percent
Amount Percent
Amount
Percent
Jul
$ 338,066
8.6%
$ 329,321 8.4%
_ $ 8,745
2.7%
Aug
328,009
8.4%
318,064 81%
9,945
3.1%
Sep
329,752
8.4%
315,044 8.0%
14,708
4.7%
Oct
335,263
8.6%
325,241 8.3%
10,022
3.1%
Nov
Dec
Jan
Feb
Mar
Apr
May
Jun
Totals
$ 1,331,089
34.0%
$ 1,287,670 32.9%
3.4%
$ 43,420
Estimated collection on Half -Penny sales tax. Actual breakdown for half -penny not yet available
City of Owasso
Monthly Use Tax Revenues
Last Five Fiscal Years
2015 -2016 2014 -2015 2013 -2014 2012 -2013 2011 -2012 2010 -2011
Jul
$ 72,360 $
50,298 $ 78,705 $ 33,565 $
41,491 $
42,547
Aug
96,428
56,646
105,903
33,983
52,650
34,593
Sep
122,962
61,204
69,079
47,609
53,051
42,905
Oct
106,846
86,146
103,683
59,327
48,435
48,534
Nov
89,434
64,434
50,722
43,504
42,276
Dec
89,482
86,424
48,320
52,052
40,466
Jan
65,206
57,183
60,594
47,738
52,886
Feb
110,645
75,454
78,302
55,671
54,868
Mar
87,044
50,121
57,199
44,140
39,201
Apr
56,776
55,507
30,577
29,497
45,287
May
75,895
63,674
51,094
55,835
44,616
Jun*
98,093
42,884
75,139
41,989
33,512
_$ 398,596 $
926,869
$ 853,050
$ 626,431 $
566,050 $
521,690
*Increase in sales tax rate from 3% to 3.5% June 2015