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HomeMy WebLinkAbout2019.02.05_City Council Agenda_AddendumRECEIVED FEB 0 4 2019 ADDENDUM City Clerk's Office Notice of addendum filed in the office of the City Clerk and posted at City Hall, 200 South Main Street, at 12:00 pm on Monday, February 4, 2019. The following is submitted as an addendum to the Owasso City Council Agenda filed on Friday, February 1, 2019. Item number 10 shall be amended to read as follows: 10. Consideration and appropriate action relating to Resolution 2019 -03, authorizing the Mayor to execute a Project (Maintenance and Funding) Agreement between the City of Owasso and the Oklahoma Department of Transportation for Federal -aid Project Number STP- 272B(258)IG and authorization for payment Dwayne Henderson Staff recommends approval of Resolution 2019 -03, authorizing the Mayor to execute the funding and maintenance agreement for the North Garnett Road from East 96th Street North to East 106th Street North widening project; and, authorization for payment to the Oklahoma Department of Transportation in the amount of $5,921,964. Juliann M. Stevens, City Clerk PUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL Council Chambers, Old Central Building 109 North Birch, Owasso, OK 74055 Regular Meeting Tuesday, February 5, 2019 - 6:30 pm 1. Call to Order Mayor Chris Kelley 2. Invocation Senior Pastor Bill Ascol of Bethel Baptist Church 3. Flag Salute 4. Roll Call 5. Presentation of the Character Trait of Attentiveness Ray Adcock, Character Council Member RECEIVED FEB 01 2019 X� City Clerk's Office 6. Consideration and appropriate action relating to a request for approval of the Consent Agenda. (All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes of the January 15, 2019, Regular Meeting B. Approve claims 7. Consideration and appropriate action relating to items removed from the Consent Agenda 8. Consideration and appropriate action relating to an Agreement for Engineering Services for the East 86th Street North, Phase II, 2019 Traffic Signal System Timing Study and Implementation Dwayne Henderson Staff recommends approval of the Agreement for Engineering Services with Kimley -Horn and Associates, Inc. of Oklahoma City, Oklahoma, in the amount of $36,000 for the 2019 Traffic Signal System Timing Study and Implementation. 9. Consideration and appropriate action relating to an Agreement for Engineering Services for the design of the East 106th Street North and North 1291h East Avenue Intersection Improvement Project Dwayne Henderson Staff recommends approval of the Agreement for Engineering Services with Garver, LLC, of Tulsa, Oklahoma in the amount of $180,000 and authorization for the Mayor to execute the agreement. 10. Consideration and appropriate action relating to Resolution 2019 -03, authorizing the Mayor to execute a Project (Maintenance and Funding) Agreement between the City of Owasso and the Oklahoma Department of Transportation for Federal -aid Project Number STP- 272B(258)IG Dwayne Henderson Staff recommends approval of Resolution 2019 -03, authorizing the Mayor to execute the funding and maintenance agreement for the North Garnett Road from East 96th Street North to East 106th Street North widening project. Owasso City Council February 5, 2019 Page 2 11. Consideration and appropriate action relating to Resolution 2019 -04, a resolution of the City Council of Owasso, Oklahoma resolving the necessity of instituting and prosecuting condemnation procedures to obtain property located at 10920 North Garnett Road, Owasso Oklahoma Julie Lombardi Staff recommends approval of Resolution 2019 -04, authorizing the filing and prosecution of a condemnation action to obtain the necessary ROW and easements on the Dodd property described therein. 12. Citizen request to address the City Council regarding a demand letter requesting Pinnacle Performance Repair be declared a public noise nuisance Alex Sokolosky, Attorney, Crowe & Dunlevy 13. Consideration and appropriate action relating to a request for an executive session, as provided for in Title 25, O.S. § 307(B)(4), for purposes of discussing confidential communications between the City Council and its Attorneys concerning potential litigation arising out of a demand letter requesting Pinnacle Performance Repair be declared a public noise nuisance Keith Wilkes, Attorney, Hall Estill 14. Report from City Manager • Monthly Public Works Project Status Report 15. Report from City Attorney 16. Report from City Councilors 17. Official Notices to Council (documents for acknowledgment of receipt or information only, no discussion or action will be taken) • Payroll Payment Report - Pay Period Ending Date 01 /19/2019 • Health Care Self- Insurance Claims - dated as of 01 /31/19 18. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 19. Adjournment Notice of Public Meeting filed in the office of the City Clerk on December 14, 2018, and the Agenda posted at City Hall, 200 South Main Street, at 6:00 pm on Friday, February 1, 2019. Juliann M. Stevens, City Q erk The City of Owasso encourages citizen participation. To request an accommodation due to a disability, contact the City Clerk at least 48 hours prior to the scheduled meeting by phone 918 - 376 -1502 or by email to istevens@citvofowosso.com OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, January 15, 2019 The Owasso City Council met in regular session on Tuesday, January 15, 2019, in the Council Chambers at Old Central, 109 North Birch, Owasso, Oklahoma per the Notice of Public Meeting filed December 14, 2018, and the Agenda filed in the office of the City Clerk and posted at City Hall, 200 South Main Street, at 6:00 pm on Friday, January 11, 2019. 1. Call to Order Mayor Chris Kelley called the meeting to order at 6:30pm. 2. Invocation The Invocation was offered by Senior Pastor Chris Wall of First Baptist Church of Owasso. 3. Flag Salute Councilor Bill Bush led the flag salute. 4. Roll Call Present Absent Mayor - Chris Kelley None Vice-Mayor- Bill Bush Councilor - Doug Bonebroke Councilor - Lyndell Dunn Councilor - Kelly Lewis A quorum was declared present. Staff: City Manager- Warren Lehr City Attorney - Julie Lombardi 5. Presentation of Character Trait Of Diligence Dr. Amy Fichtner, Owasso Public Schools Superintendent, presented the character trait for the month of January. 6. Presentation of Employee of the Quarter Warren Lehr presented Employee of the Quarter, Jarrod Linthicum, Captain Owasso Fire Department. Consideration and appropriate action relating to a request for approval of the Consent Agenda. (All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes • December 18, 2018, Regular Meeting • January 8, 2019, Regular Meeting B. Approve claims C. Approve Deferred Retirement benefits for Michael Liebe through the Oklahoma Municipal Retirement Fund (OkMRF) D. Accept the following public infrastructure improvements at 9039 North 12151 East Avenue (Black Bear Diner) - a stainless steel tapping sleeve and a 6" gate valve E. Accept the following public infrastructure improvements at 12650 East 100th Street North (9inetyEight Apartments Senior Living) - a fire hydrant and all appurtenances, and two concrete approaches Owasso City Council January 15, 2019 Page 2 F. Approve a budget amendment in the General Fund increasing estimated revenues and the appropriation for expenditures in the Recreation and Culture Department by $3,750 G. Approval of a budget amendment in the General Fund increasing estimated revenues and the appropriation for expenditures in the Community Center Department by $6,000 H. Approve Resolution 2019 -01, endorsing the Tulsa Regional Chamber 2019 OneVoice Legislative Agenda Mr. Bonebrake moved, seconded by Mr. Dunn to approve the Consent Agenda as presented with claims for January 15, 2019, totaling $980,234.43. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 8. Consideration and appropriate action relating to items removed from the Consent Agenda None 9. Presentation relating to the Annual Financial Audit Linda Jones introduced John Manning, Chair of the Owasso Citizen's Audit Committee, and Jake Winkler, Auditor with RSM, LLC. Councilors received the Comprehensive Annual Financial Report for fiscal year ending June 30, 2018. Mr. Manning reported on the January 15, 2019, Audit Committee meeting. Mr. Winkler presented the annual audit and financial statements for FY 2017 -2018. Discussion was held. 10. Consideration and appropriate action relating to Ordinance 1144, deannexation of approximately 282 acres divided between two pieces of property located on the northeast corner of East 106th Street North and North Memorial Drive, and south of East 106th Street North just west of North Mingo Road, as referenced in application OA 18 -05 Morgan Pemberton presented the item recommending adoption of Ordinance 1144. One citizen addressed the Council. After discussion, Mr. Bush moved, seconded by Mr. Dunn to adopt Ordinance 1144, as recommended. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 11. Consideration and appropriate action relating to Ordinance 1145, annexation of approximately 1.68 acres located at 12429 North 135th East Avenue, as referenced in application OA 18 -06 Morgan Pemberton presented the item recommending adoption of Ordinance 1145. There were no comments from the audience. Mr. Bonebrake moved, seconded by Mr. Dunn to adopt Ordinance 1145, as recommended. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 12. Consideration and appropriate action relating to Ordinance 1146, annexation of approximately 7.05 acres located near the northeast corner of HWY 20 (East 116th Street North) and North 1451h East Avenue, as referenced in application OA 18 -07 Morgan Pemberton presented the item recommending adoption of Ordinance 1146. There were no comments from the audience. Mr. Bush moved, seconded by Ms. Lewis to adopt Ordinance 1 146, as recommended. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley Owasso City Council January 15, 2019 Page 3 NAY: None Motion carried: 5 -0 13. Consideration and appropriate action relating to budget amendments in the General Fund and Capital Improvements Fund in order to utilize escrowed funds received from Family Animal Medicine and Jim Glover Auto Family to install white vinyl fencing within the Owasso Expressway Service Road Realignment Project (North 137th East Avenue) Linda Jones Presented the item recommending approval of the following FY 2019 budget amendments: • Increase the estimated revenues by $9,816 and the appropriation for expenditures by $9,816 for the General Fund, and • Increase the estimated revenues by $9,816 and the appropriation for expenditures by $9,816 for the Capital Improvements Fund. There were no comments from the audience. After discussion, Mr. Dunn moved, seconded by Ms. Lewis to approve the budget amendments, as recommended. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 14. Consideration and appropriate action relating to acceptance and final payment for a gravity sewer line to replace the Remington Place Lift Station as part of the East 116th Street North from Garnett Road to North 129th East Avenue Roadway Improvements, Earl Farris presented item recommending acceptance of the project and authorization for final payment to Cross -Bo Construction, LLC, of Claremore, Oklahoma in the amount of $49,001.25. There were no comments from the audience. After discussion, Mr. Dunn moved, seconded by Mr. Bush to accept the project and approve final payment to Cross -Bo Construction, LLC, as recommended. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 15. Consideration and appropriate action relating to Resolution 2019 -02, authorizing the submittal of an application for the FY 2022 Federal Highway Administration Surface Transportation Grant Program (East 86th Street North Rehabilitation Project from North 118th East Avenue to North 128th East Avenue) Dwayne Henderson presented the item recommending approval of Resolution 2019 -02. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Ms. Lewis to approve Resolution 2019 -02, as recommended. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 16. Report from City Manager None 17. Report from City Attorney None 18. Report from City Councilors Mayor Kelley acknowledged Don Hutchinson for his commitment to annexing property as reference in agenda item # 12. Owasso City Council January 15, 2019 Page 4 19. Official Notices to Council (documents for acknowledgment of receipt or information only, no discussion or action will be taken) • Payroll Payment Report - Pay Period Ending Date 12/22/18, and 01/05/19 • Health Care Self- Insurance Claims-dated as of 12/31/18, and 1/10/19 • Monthly Budget Status Report - December 2018 20. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) None 21. Adjournment Mr. Bonebrake moved, seconded by Mr. Bush to adjourn the meeting. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 and the meeting adjourned at 7:16 pm. Chris Kelley, Mayor Juliann M. Stevens, City Clerk Claims List - 215/2019 Fund Vendor Name Payable Description Payment Amount 01 GENERAL AEP /PSO ELECTRIC USE $437.28 ANNE K. KARN STERILIZATION SVCS $370.00 AT &T CONSOLIDATED PHONE $29.66 AT &T LONG DISTANCE PHONE $1.02 JPMORGAN CHASE BANK AMAZON- SUPPLIES $813.52 JPMORGAN CHASE BANK CAMPBELL PET - SUPPLIES $184.36 JPMORGAN CHASE BANK ECTDATA -TOOLS $72.00 JPMORGAN CHASE BANK ETRAILER - SUPPLIES $287.99 JPMORGAN CHASE BANK FULLERTON- SUPPLIES $21.50 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $378.84 JPMORGAN CHASE BANK MIDWEST VET - SUPPLIES $588.37 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES $367.96 JPMORGAN CHASE BANK SERENITY - CREMATION $225.00 JPMORGAN CHASE BANK USPS- SUPPLIES $16.70 JPMORGAN CHASE BANK WALMART- SUPPLIES $272.67 GEN ANIMAL CONTROL -Total $4,066.87 AEP IPSO ELECTRIC USE $20.84 CLEAN UNIFORM COMPANY UNIFORM SERVICE $8.56 SPOK, INC. PAGER USE $8.91 GEN CEMETERY -Total AMAZON- CABLING $38.31 JPMORGAN CHASE BANK BIG LOTS - SUPPLIES $25.00 JPMORGAN CHASE BANK WHISTLER- ADVERT $300.00 GEN COMM CTR DONATIONS - Total $325.00 AEP /PSO ELECTRIC USE $629.89 AT &T CONSOLIDATED PHONE $46.45 AT &T LONG DISTANCE PHONE $1.72 JPMORGAN CHASE BANK AMAZON- CABLING $22.36 JPMORGAN CHASE BANK AMAZON- SUPPLIES $379.03 JPMORGAN CHASE BANK CORNERSTONE -KEYS $5.30 JPMORGAN CHASE BANK COX - INTERNET $69.00 JPMORGAN CHASE BANK LOCKE- MATERIALS $14.49 JPMORGAN CHASE BANK LOCKE- REPAIR $26.53 JPMORGAN CHASE BANK LOWES- SUPPLIES $27.43 JPMORGAN CHASE BANK QUIT BUGGIN -PEST CONT $95.00 JPMORGAN CHASE BANK ROUGHCUT- SUPPLIES $500.00 SUMNERONE INC CONTRACT BASE RATE $138.12 GEN COMMUNITY CENTER -Total $1,955.32 JPMORGAN CHASE BANK EBAY -PHONE CASE $14.99 JPMORGAN CHASE BANK INTL CODE COUNCIL -EX $209.00 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES $24.98 TREASURER PETTY CASH NOTARY BOND FILING $10.00 1 Fund 01 Claims List - 2/5/2019 Vendor Name Payable Description Payment Amount GENERAL GEN COMMUNITY DEVELOPMENT - Total $258.97 JPMORGAN CHASE BANK ART IN BLOOM - WREATH $100.00 JPMORGAN CHASE BANK DOLLAR TREE - SUPPLIES $13.07 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $56.87 GEN CULTURE & RECREATION -Total $169.94 JPMORGAN CHASE BANK LODGING EXPENSE $136.90 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $39.59 JPMORGAN CHASE BANK OK NEWS- SUBSCRIPTION $0.99 GEN ECONOMIC DEV -Total $177,48 AEP /PSO ELECTRIC USE $74.56 AT &T CONSOLIDATED PHONE $16.79 JPMORGAN CHASE BANK STANDLEY- SUPPLIES $2.37 GEN EMERG PREPAREDNESS -Total $93,72 BENCHMARK SURVEYING & LAND TOPOGRAPHIC SURVEY $4,800.00 SERVICES CLEAN UNIFORM COMPANY UNIFORM SERVICE $43.49 JPMORGAN CHASE BANK ADMIRAL EXP- SUPPLIES $73.98 JPMORGAN CHASE BANK USCELLULAR -CELL PHONE $498.99 UNITED STATES CELLULAR CORPORATION PW CELL PHONES $36.71 GEN ENGINEERING -Total $5,453.17 JPMORGAN CHASE BANK GFOA - TRAINING $85.00 JPMORGAN CHASE BANK MEETING EXPENSE $4.13 JPMORGAN CHASE BANK OWASSO CHAMBER -FEE $50.00 GEN FINANCE -Total $139.13 AEPIPSO ELECTRIC USE $2,570.64 AT &T CONSOLIDATED PHONE $683.40 AT &T LONG DISTANCE PHONE $30.68 INCOG LEGISLATIVE CONSORTIUM $1,478.75 JPMORGAN CHASE BANK ADMIRAL EXP- SUPPLIES $123.96 JPMORGAN CHASE BANK AMER WASTE- RENTAL $89.78 JPMORGAN CHASE BANK HOME DEPOT -CLOCK $28.57 JPMORGAN CHASE BANK MAILFINANCE -LEASE $1,110.66 JPMORGAN CHASE BANK SAMS- SUPPLIES $27.48 MAILROOM FINANCE INC POSTAGE $1,000.00 RICOH USA, INC. COPIER SERVICE & SUPPLIES $911.53 SUMNERONE INC COPIER MAINTENANCE $393.67 GEN GENERAL GOVERNMENT -Total $8,449.12 AEP /PSO ELECTRIC USE $88.58 AT &T CONSOLIDATED PHONE $16.79 GEN HISTORICAL MUSEUM -Total $105.37 Pa Fund 01 Claims List - 2/5/2019 Vendor Name Payable Description Payment Amount GENERAL JPMORGAN CHASE BANK GIANT WORLDWIDE -EMPL $3,000.00 JPMORGAN CHASE BANK OFFICE DEPOT - CREDIT ($6.81) JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $37.64 JPMORGAN CHASE BANK OK SAFETY COUNCIL -TRA $60.00 JPMORGAN CHASE BANK STRATA - CHARACTER MAGA $955.75 GEN HUMAN RESOURCES -Total $4,046.58 AT &T CONSOLIDATED PHONE $24.30 AV CAPTURE ALL, INC. COUNCIL AUDIO RENEWAL $2,388.00 JPMORGAN CHASE BANK AMAZON - BATTERIES $13.99 JPMORGAN CHASE BANK COX - SUPPLIES $1,250.00 JPMORGAN CHASE BANK HOME DEPOT -TOOL KIT $384.37 JPMORGAN CHASE BANK INTUIT- EQUIPMENT $160.00 JPMORGAN CHASE BANK SAMS -SHELF $64.98 GEN INFORMATION TECH -Total $4,285.64 JPMORGAN CHASE BANK EMPL RECOGNITION $25.00 JPMORGAN CHASE BANK LODGING EXPENSE $17.66 JPMORGAN CHASE BANK MEETING EXPENSE $339.92 JPMORGAN CHASE BANK SAMS -SHELF $64.98 GEN MANAGERIAL -Total $447,56 TREASURER PETTY CASH NOTARY FILING $10.00 YOUTH SERVICES OF TULSA YOUTH COURT $4,125.00 GEN MUNICIPAL COURT -Total ADMIRAL EXP- SUPPLIES $4,135.00 AEP /PSO ELECTRIC USE $1,694.34 AT &T CONSOLIDATED PHONE $25.73 AT &T LONG DISTANCE PHONE $0.05 CLEAN UNIFORM COMPANY PARKS STAFF UNIFORMS $41.49 JPMORGAN CHASE BANK C &C SPLY- SUPPLIES $76.50 JPMORGAN CHASE BANK CORNERSTONE -BAR OIL $16.75 JPMORGAN CHASE BANK CORNERSTONE -CHAIN SAW $161.99 JPMORGAN CHASE BANK CORNERSTONE -PARTS $90.15 JPMORGAN CHASE BANK P &K EQUIP -PARTS $59.98 PROTECTION ONE ALARM MONITORING PARKS OFFICES SECURITY SY $73.94 INC VERDIGRIS VALLEY ELECTRIC COOP WATER $62.61 WASHINGTON CO RURAL WATER DISTRICT WATER SERVICE $36.00 GEN PARKS -Total $2,339.53 AEP /PSO ELECTRIC USE $259.86 AT &T CONSOLIDATED PHONE $335.41 JPMORGAN CHASE BANK ADMIRAL EXP- SUPPLIES $86.97 JPMORGAN CHASE BANK AMAZON- CABLES $366.25 JPMORGAN CHASE BANK AMAZON- SUPPLIES $229.90 3 Fund 01 GENERAL Claims List - 2/5/2019 Vendor Name JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK LANGUAGE LINE SERVICES Payable Description Payment Amount APCO- TRAINING $379.00 APCO - TRAINING $159.00 BEST BUY - EQUIPMENT $339.98 LOCKE- LIGHTING $81.24 MONOPRICE- SUPPLIES $22.08 OFFICE DEPOT- EQUIPMEN $679.96 QUEENSBORO -UNIFORM $98.06 ULINE- SUPPLIES $99.19 WALMART- SUPPLIES $279.75 TRANSLATION SVCS $46.18 GEN POLICE COMMUNICATIONS -Total $3,462.83 JPMORGAN CHASE BANK AMAZON -TOOLS $569.00 GEN POLICE DA REV DRUG -Total $569.00 JPMORGAN CHASE BANK OXYGENFORENSICS -LIC F $5,995.00 GEN POLICE OT SAFE GRANT -Total $5,995.00 PUBLIC SAFETY CORPORATION CRYWOLF ALARMS $4,512.55 GEN POLICE SERVICES -Total JPMORGAN $4,512.55 CLEAN UNIFORM COMPANY UNIFORM SERVICE $29.29 JPMORGAN CHASE BANK ATWOODS- REFUND ($2.00) JPMORGAN CHASE BANK GRAINGER -PPE $32.54 JPMORGAN CHASE BANK GREEN CO TRAILERS -REP $571.59 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $23.97 JPMORGAN CHASE BANK LOWES -HOOK END $7.38 JPMORGAN CHASE BANK LOWES -KEYS $7.14 JPMORGAN CHASE BANK LOWES- SCREWS $40.22 JPMORGAN CHASE BANK LOWES- SUPPLIES $112.54 JPMORGAN CHASE BANK LOWES -TOOLS $90.90 JPMORGAN CHASE BANK MAXWELL -PINS $46.92 JPMORGAN CHASE BANK TRACTOR SPLY- GREASE G $219.99 JPMORGAN CHASE BANK WALMART -PPE $10.33 P & K EQUIPMENT, INC MOWER MAINTENANCE $50.00 SPOK, INC. PAGER USE $53.46 TREASURER PETTY CASH CDL LIC - DUNCAN $60.50 TULSA NEW HOLLAND INC BRUSH HOG $3,445.00 GEN STORMWATER -Total $4,799.77 AT &T CONSOLIDATED PHONE $48.59 JPMORGAN CHASE BANK A- MAX - NAMEPLATES $75.00 JPMORGAN CHASE BANK BUILDING SPECIAL -TILE $222.72 JPMORGAN CHASE BANK COX - SUPPLIES $69.95 JPMORGAN CHASE BANK LOWES- SUPPLIES $28.44 4 Claims List - 2/5/2019 Fund Vendor Name Payable Description Payment Amount 01 GENERAL JPMORGAN CHASE BANK LOWES -TOOLS $49.44 JPMORGAN CHASE BANK SAMS- SUPPLIES $217.76 GEN SUPPORT SERVICES -Total $711.90 TREASURER PETTY CASH CC REFUND - BOWELL $50.00 TREASURER PETTY CASH CC REFUND - COOPER $50.00 TREASURER PETTY CASH CC REFUND- CURTIS $50.00 TREASURER PETTY CASH CC REFUND -DRAKE $50.00 TREASURER PETTY CASH CC REFUND - GEORGE $50.00 TREASURER PETTY CASH CC REFUND -GRAY $50.00 TREASURER PETTY CASH CC REFUND - SHARPE $50.00 GENERAL -Total $350.00 GENERAL -Total $56,887.76 20 AMBULANCE SERVICE JPMORGAN CHASE BANK ARROW INT'L- SUPPLIES $662.50 JPMORGAN CHASE BANK BOUND TREE - SUPPLIES $1,100.33 JPMORGAN CHASE BANK FULLERTON- OXYGEN $96.00 JPMORGAN CHASE BANK FULLERTON- SUPPLIES $25.50 JPMORGAN CHASE BANK HENRY SCHEIN - SUPPLIES $5,085.21 JPMORGAN CHASE BANK OREILLY- COOLANT $37.98 JPMORGAN CHASE BANK QUADMED- SUPPLIES $581.50 JPMORGAN CHASE BANK S ANESTHESIA - MEDICATI $215.20 JPMORGAN CHASE BANK ZOLL - AUTOPULSE WARRAN $2,800.00 JPMORGAN CHASE BANK ZOLL- SUPPLIES $1,475.24 MEDICLAIMS INC BILLING SERVICES $9,407.54 AMBULANCE -Total $21,487.00 AMERICAN MUNICIPAL SERVICES CORP. COLLECTION SERVICES $191.11 TREASURER PETTY CASH AMB SUB REF - DUDLEY $24.00 AMBULANCE SERVICE -Total $215.11 AMBULANCE SERVICE -Total $21,702,11 21 E -911 COX COMMUNICATIONS SVC FEE T -1 CIRCUITS @ RA $231.75 INCOG -E911 E911 ADMIN SVC FEES $8,928.01 JPMORGAN CHASE BANK AT &T -E911 MAPPING FEE $355.35 E911 COMMUNICATIONS •Total $9,515.11 E -911 -Total $9,515.11 25 HOTEL TAX AEP IPSO ELECTRIC USE $20.84 REGINALD KIM HENRY SERVICE $1,200.00 HOTEL TAX ECON DEV - Total $1,220.84 JPMORGAN CHASE BANK MEETING EXPENSE $338.86 JPMORGAN CHASE BANK OFFICE DEPOT - FOLDERS $41.37 JPMORGAN CHASE BANK SAV ON- LABELS $100.00 STRONG NEIGHBORHOODS -Total $480.23 Claims List - 2/5/2019 Fund Vendor Name Payable Description Payment Amount 25 HOTELTAX -Total $1,701.07 27 STORMWATER MANAGEMENT AEP IPSO ELECTRIC USE $406.04 ANCHOR STONE COMPANY STONE $704.70 CLEAN UNIFORM COMPANY UNIFORM SERVICE $11.58 JPMORGAN CHASE BANK NAT'L CINEMEDIA -COMME $1,000.00 JPMORGAN CHASE BANK NEW HOLLAND -MOWER $9,400.00 JPMORGAN CHASE BANK WALMART- BATTERIES $45.48 UNITED STATES CELLULAR CORPORATION PW CELL PHONES $36.71 STORMWATER-STORMWATER -Total $11,604.51 STORMWATER MANAGEMENT -Total $11,604.51 34 VISION TAX FIRST BANK OF OWASSO ROW ACQUISITION $9,104.50 116TH / GARNETT INTERS IMPR -Total $9,104.50 BUFFALO LAND ABSTRACT COMPANY LEGAL REPORT $150.00 VSN RECAP GARNETT TO 129 -Total $150.00 VISION TAX • Total $9,254.50 36 CAPITAL IMPROV GRANTS BUILDERS UNLIMITED REDBUD FESTIVAL PARK - VI $189,186.64 GH2 ARCHITECTS LLC REDBUD FESTIVAL PARK - VI $3,173.01 VSN 2025 FESTIVAL PARK • Total $192,359.65 CAPITAL IMPROV GRANTS -Total $192,359.65 37 SALES TAX FIRE AEP /PSO ELECTRIC USE $2,642.07 AT &T CONSOLIDATED PHONE $77.18 AT &T LONG DISTANCE PHONE $1.49 JOSHUA WALTERS TUITION REIMBURSEMENT $325.65 JPMORGAN CHASE BANK AMAZON -INK $6712 JPMORGAN CHASE BANK AMAZON- MEMORY CARDS $35.98 JPMORGAN CHASE BANK AMAZON -PUMP $77.49 JPMORGAN CHASE BANK AMAZON- RETURN ($5.74) JPMORGAN CHASE BANK AMAZON- SUPPLIES $14.71 JPMORGAN CHASE BANK BEST BUY - EQUIPMENT $73.99 JPMORGAN CHASE BANK BLUE CARD - RECERT $125.00 JPMORGAN CHASE BANK CASCOINDUST- UNIFORM $8,276.00 JPMORGAN CHASE BANK CONRAD -PART $710.26 JPMORGAN CHASE BANK CONRAD- REPAIRS $7,168.41 JPMORGAN CHASE BANK CONRAD- UNIFORM $317.75 JPMORGAN CHASE BANK DAVIS &STANTON -MERIT B $333.00 JPMORGAN CHASE BANK EMTEC -PEST CONTROL $170.00 JPMORGAN CHASE BANK FAMILY ANIMAL MED -SUP $46.28 JPMORGAN CHASE BANK FIRE SVC TRAINING -CLA $300.00 JPMORGAN CHASE BANK HONDA OF TULSA -PARTS $11.64 JPMORGAN CHASE BANK IMAGENET- COPIER FEE $440.17 9 Claims List - 2/5/2019 Fund Vendor Name Payable Description Payment Amount 37 SALES TAX FIRE JPMORGAN CHASE BANK LIBERTY FLAGS -FLAG $80.00 JPMORGAN CHASE BANK LOCKE- REPAIR $89.12 JPMORGAN CHASE BANK LODGING EXPENSE $747.42 JPMORGAN CHASE BANK LOWES- SUPPLIES $43.96 JPMORGAN CHASE BANK LOWES -TARPS $72.42 JPMORGAN CHASE BANK LOWES - WASHING MACHINE $506.00 JPMORGAN CHASE BANK MEETING EXPENSE $65.41 JPMORGAN CHASE BANK N SAFETY -PPE $8,475.02 JPMORGAN CHASE BANK N SAFETY- TESTING $1,134.35 JPMORGAN CHASE BANK NAFECO- UNIFORMS $2,612.00 JPMORGAN CHASE BANK OFFICE DEPOT -LOG BOOK $67.78 JPMORGAN CHASE BANK OK POLICE SUPPLY -PATC $48.00 JPMORGAN CHASE BANK OREILLY -DEF FLUID $27.98 JPMORGAN CHASE BANK OVERHEAD- REPAIR $375.00 JPMORGAN CHASE BANK P &K EQUIP- SERVICE $8.00 JPMORGAN CHASE BANK RED BUD SVC -AIR FILTE $81.10 JPMORGAN CHASE BANK SAMS -DEF FLUID $11.98 JPMORGAN CHASE BANK SAMS- MEMBERSHIP RENEW $260.00 JPMORGAN CHASE BANK SAMS- SUPPLIES $352.11 JPMORGAN CHASE BANK STAMP CONNECTION -STAM $36.00 JPMORGAN CHASE BANK SUPPLYWORKS- SUPPLIES $206.85 JPMORGAN CHASE BANK TRAVEL EXPENSE $259.30 JPMORGAN CHASE BANK UDEMY ONLINE - TRAINING $9.99 JPMORGAN CHASE BANK WALMART- SUPPLIES $9.88 SALES TAX FUND-FIRE -Total $36,788.72 SALES TAX FIRE • Total $36,788.72 38 SALES TAX POLICE AEP /PSO ELECTRIC USE $3,441.71 AT &T CONSOLIDATED PHONE $668.24 AT &T LONG DISTANCE PHONE $30.67 BOARD OF TESTS FOR ALCOHOL & DRUG ENROLLMENT FEE $62.00 COPY WORLD BUSINESS SOLUTIONS, LLC MAINT FEE $105.00 JPMORGAN CHASE BANK ADMIRAL EXP- SUPPLIES $86.97 JPMORGAN CHASE BANK AMAZON- SUPPLIES $723.59 JPMORGAN CHASE BANK ELITE K9- UNIFORM $1,497.63 JPMORGAN CHASE BANK GALLS - UNIFORM $689.00 JPMORGAN CHASE BANK GT DIST -TOOLS $1,247.00 JPMORGAN CHASE BANK TAPE- ANNUAL DUES $50.00 JPMORGAN CHASE BANK INTEGRIS- SERVICE $1,575.00 JPMORGAN CHASE BANK INTERSTATE - SUPPLIES $41.97 JPMORGAN CHASE BANK JOHNSTONE -PARTS $43.95 JPMORGAN CHASE BANK JQUINTON PLUMBING -REP $165.00 Claims List - 2/5/2019 Fund Vendor Name Payable Description Payment Amount 38 SALES TAX POLICE JPMORGAN CHASE BANK LA POLICE- UNIFORM $18.98 JPMORGAN CHASE BANK LEXISNEXIS -LIC FEE $6,140.61 JPMORGAN CHASE BANK LOCKE- REPAIR $49.64 JPMORGAN CHASE BANK LOCKE- REPAIRS $496.44 JPMORGAN CHASE BANK LODGING EXPENSE $511.56 JPMORGAN CHASE BANK LOWES- HARDWARE $108.69 JPMORGAN CHASE BANK LOWES- SUPPLIES $49.49 JPMORGAN CHASE BANK MEEKS -VEH STRIPING $500.00 JPMORGAN CHASE BANK NTOA - TRAINING $740.00 JPMORGAN CHASE BANK OACP -DUES $180.00 JPMORGAN CHASE BANK OFFICE DEPOT- EQUIPMEN $57.38 JPMORGAN CHASE BANK PALMETTO - SUPPLIES $2,379.93 JPMORGAN CHASE BANK PHOENIX DIST- RIFLES $1,890.00 JPMORGAN CHASE BANK RAYALLEN- UNIFORM $131.99 JPMORGAN CHASE BANK ROYAL- SUPPLIES $407.92 JPMORGAN CHASE BANK SAM$- SUPPLIES $346.35 JPMORGAN CHASE BANK SHI INTL- LICENSE FEE $275.43 JPMORGAN CHASE BANK SOUTHERN AG- SUPPLIES $69.99 JPMORGAN CHASE BANK SPECIAL OPS- UNIFORM $1,513.76 JPMORGAN CHASE BANK THE ELECTRIC - INSPECT $350.00 JPMORGAN CHASE BANK THEDEMANDPROJECT -TRAI $49.00 JPMORGAN CHASE BANK THOMSON WEST -CLEAR AC $374.00 JPMORGAN CHASE BANK TINT SHOP - WINDOW TINT $50.00 JPMORGAN CHASE BANK TRACTOR SPLY -TOOLS $190.00 JPMORGAN CHASE BANK TRAVEL EXPENSE $420.46 MATHEW GOODELL TUITION REIMBURSEMENT $535.65 NICHOLAS PAPPE REIMBURSEMENT $750.00 OWASSO FOP LODGE #149 POLICE DEPT LEGAL DEFENSE $192.50 OWASSO TOP SOIL SOIL $130.00 RICH & CARTMILL, INC NOTARY BOND $60.00 SPECIAL OPS UNIFORMS, INC UNIFORM ITEMS $1,103.77 SUMNERONE INC COPIER LEASE $48.00 TREASURER PETTY CASH NOTARY FILING $10.00 TREASURER PETTY CASH TRAVELEXPENSE $216.68 SALES TAX FUND - POLICE -Total $30,775.95 SALES TAX POLICE -Total $30,775.95 39 SALES TAX STREETS AEP /PSO ELECTRIC USE $1,756.54 ANCHOR STONE COMPANY STONE $72.24 CLEAN UNIFORM COMPANY UNIFORM SERVICE $141.21 JPMORGAN CHASE BANK AMAZON- CHARGER $42.90 JPMORGAN CHASE BANK AMAZON -TOOLS $325.31 [3 Claims List - 2/5/2019 Fund Vendor Name Payable Description Payment Amount 39 SALES TAX STREETS JPMORGAN CHASE BANK ATWOODS -BOOTS $184.97 JPMORGAN CHASE BANK ATWOODS - RUBBER BOOTS $14.99 JPMORGAN CHASE BANK ATWOODS- SUPPLIES $183.87 JPMORGAN CHASE BANK ATWOODS- UNIFORM $59.98 JPMORGAN CHASE BANK BROWN CO -HARD HAT $12.50 JPMORGAN CHASE BANK BROWN CO -PUMP $261.75 JPMORGAN CHASE BANK BROWN CO- SUPPLIES $100.40 JPMORGAN CHASE BANK BROWN FARMS -SOD $55.00 JPMORGAN CHASE BANK CORNERSTONE- SUPPLIES $99.72 JPMORGAN CHASE BANK ELLIS- CONCRETE FORMS $1,417.95 JPMORGAN CHASE BANK GRAINGER -PPE $32.54 JPMORGAN CHASE BANK HARD HAT SAFETY -PPE $35.00 JPMORGAN CHASE BANK HARD HAT SAFETY -UNIFO $35.00 JPMORGAN CHASE BANK INTERSTATE - BATTERIES $283.20 JPMORGAN CHASE BANK LOCKE -BULBS $550.16 JPMORGAN CHASE BANK LOCKE -FUSES $77.10 JPMORGAN CHASE BANK LOCKE- SUPPLIES $27.60 JPMORGAN CHASE BANK LOWES- ADAPTOR $9.96 JPMORGAN CHASE BANK LOWES- CEMENT $3.09 JPMORGAN CHASE BANK LOWES- EQUIPMENT $39.96 JPMORGAN CHASE BANK LOWES -FORM BOARDS $64.44 JPMORGAN CHASE BANK LOWES- HARDWARE $8.47 JPMORGAN CHASE BANK LOWES- MATERIALS $58.33 JPMORGAN CHASE BANK LOWES -PAINT $23.88 JPMORGAN CHASE BANK LOWES- SWITCHES $25.96 JPMORGAN CHASE BANK LOWES -WHEEL BARROWS $238.00 JPMORGAN CHASE BANK NORTHERN TOOL - SUPPLIE $103.98 JPMORGAN CHASE BANK OREILLY -PUMP $223.99 JPMORGAN CHASE BANK PINKLEY- SUPPLIES $210.00 JPMORGAN CHASE BANK REDWING-BOOTS $14199 JPMORGAN CHASE BANK SAV ON- DECALS $347.65 JPMORGAN CHASE BANK TWIN CITIES- CONCRETE $6,669.50 JPMORGAN CHASE BANK WALMART -PPE $10.33 JPMORGAN CHASE BANK WELDON- LIGHTS $183.28 SOUTHWESTERN SECTION IMSA, INC IMSATRAINING $894.00 SPOK, INC. PAGER USE $172.89 TULSA ASPHALT, LLC ASPHALT $81.52 WILLIAM WALKINGSTICK TUITION REIMBURSEMENT -F $976.95 SALES TAX FUND-STREETS -Total $16,260.10 SALES TAX STREETS - Total $16,260.10 40 CAPITAL IMPROVEMENTS DEWBERRY ENGINEERS, INC ENGINEERING SERVICES - GA $10,681.31 E Claims List - 2/5/2019 Fund Vendor Name Payable Description Payment Amount 40 CAPITAL IMPROVEMENTS Cl -GARN WID 96TH -106TH -Total $10,681.31 JPMORGAN CHASE BANK AMAZON- CABLES $65.94 JPMORGAN CHASE BANK BATTERY JACK -PD BUILD $2,245.00 JPMORGAN CHASE BANK BEST BUY -PD BUILDING ($159.97) JPMORGAN CHASE BANK DELL - MONITORS $441.96 JPMORGAN CHASE BANK GLOBAL IND -PD BUILDIN $1,043.46 JPMORGAN CHASE BANK MONOPRICE- CABLES $513.86 JPMORGAN CHASE BANK MONOPRICE- REFUND ($22.13) JPMORGAN CHASE BANK OFFICE DEPOT - EQUIPMEN $1,679.79 JPMORGAN CHASE BANK SAMS -PD BUILDING $319.96 CI- POLICE BLDG -Total $6,127.87 JPMORGAN CHASE BANK ELLIOTT ELECTRIC -MATE $1,588.14 CIP 76 1MAIN INTERSECT IMP -Total $1,588.14 CEC CORPORATION FESTIVAL PARK $930.00 CIP FESTIVAL PARK • Total $930.00 JPMORGAN CHASE BANK CONRAD - EQUIPMENT $738.70 JPMORGAN CHASE BANK N SAFETY- EQUIPMENT $6,540.33 CIP FIRE DEPT VEHICLES -Total $7,279.03 JPMORGAN CHASE BANK CDW- EQUIPMENT $7,368.63 JPMORGAN CHASE BANK CDW- MONITORS $1,360.26 JPMORGAN CHASE BANK CDW- REFUND ($1,545.00) JPMORGAN CHASE BANK CORNERSTONE - EQUIPMENT $24.40 JPMORGAN CHASE BANK GRAYBAR- EQUIPMENT $556.57 JPMORGAN CHASE BANK HOME DEPOT - HARDWARE $18.40 JPMORGAN CHASE BANK INTERSTATE- EQUIPMENT $15.00 JPMORGAN CHASE BANK LOWES- HARDWARE $19.45 JPMORGAN CHASE BANK LOWES- REFUND ($8.55) JPMORGAN CHASE BANK OFFICE DEPOT- EQUIPMEN $89.99 JPMORGAN CHASE BANK SHI INTL- LICENSING $4,445.88 WILLIAMS, SPURGEON, KUHL & PART 111 PROF SERVICES $11,188.00 CIP FIRE STATION #4 - Total $23,533.03 SEVEN C'S ENTERPRISES, INC ROW CONSULTING SERVICES $4,800.00 CIP GARN RD WIDE 106.116 -Total $4,800.00 GRADE LINE CONSTRUCTION CONSTRUCTION SERVICES - N $25,477.10 CIP SRVC RD IMP 106 -116 -Total $25,477.10 JPMORGAN CHASE BANK ATWOODS- EQUIPMENT $62.83 JPMORGAN CHASE BANK GRABBARSDIRECT- EQUIPM $81.77 PUBLIC SFTY VEH -FIRE -Total $144.60 CAPITAL IMPROVEMENTS -Total $80,561.08 10 Claims List - 2/5/2019 Fund Vendor Name Payable Description Payment Amount 70 CITY GARAGE AEP /PSO ELECTRIC USE $901.39 AT &T CONSOLIDATED PHONE $29.66 AT &T MOBILITY WIRELESS SERVICE $59.42 JPMORGAN CHASE BANK AMERIFLEX- SUPPLIES $49.50 JPMORGAN CHASE BANK BUDGET - RENTAL $369.59 JPMORGAN CHASE BANK BUMP2BUMP -PARTS $646.64 JPMORGAN CHASE BANK DITCH WITCH -PARTS $20.28 JPMORGAN CHASE BANK GOODYEAR -TIRES $1,950.48 JPMORGAN CHASE BANK HESSELBEIN -TIRES $561.60 JPMORGAN CHASE BANK JIM GLOVER -PARTS $414.99 JPMORGAN CHASE BANK LED LIGHTING -PARTS $202.45 JPMORGAN CHASE BANK MANAGERPLUS -RENEW FEE $1,802.88 JPMORGAN CHASE BANK MEEKS- SERVICE $150.00 JPMORGAN CHASE BANK NAPA -PARTS $29.20 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $7.99 JPMORGAN CHASE BANK OFFICE EVERYTHING -SUP $31.22 JPMORGAN CHASE BANK OREILLY -PARTS $2,055.14 JPMORGAN CHASE BANK OREILLY- SUPPLIES $126.46 JPMORGAN CHASE BANK ROBERTSON- SERVICE $69.99 JPMORGAN CHASE BANK ROUTE 66 -PARTS $1,057.63 JPMORGAN CHASE BANK SIGNAL GROUP- ANTENNA $127.91 JPMORGAN CHASE BANK SPEEDTECH -PARTS $231.99 JPMORGAN CHASE BANK SUMMIT -BRAKE KIT $323.16 JPMORGAN CHASE BANK SUMMIT - REPAIR $171.89 JPMORGAN CHASE BANK YELLOWHOUSE -PARTS $746.55 CITY GARAGE -Total $12,138.01 CITY GARAGE -Total $12,138.01 76 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS $9,107.83 WORKERS' COMP SELF -INS -Total $9,107.83 WORKERS' COMP SELF -INS -Total $9,107.83 77 GENERAL LIABILITY - PROPERT DOERNER, SAUNDERS, DANIEL & DEC CONDEMNATION $351.00 HALL, ESTILL, HARDWICK, GABLE, PROFESSIONAL SERVICES $4,461.80 THR JPMORGAN CHASE BANK BAXTERSTONE -TORT CLAI $800.00 JPMORGAN CHASE BANK FOSTERS - REPAIR $1,634.51 JPMORGAN CHASE BANK TOWNEPLACE SUITES N O $6,OB4.00 GEN LIAB -PROP SELF INS -Total $13,331.31 GENERAL LIABILITY - PROPERT - Total $13,331.31 City Grand Total $501,987.71 11 REAL Pepylp -REALC roger -REAL Cpmmpnpy TO: The Honorable Mayor and City Council FROM: H. Dwayne Henderson, P.E. City Engineer SUBJECT: Agreement for Engineering Services Traffic Signal System Timing Study - East 86th Street North, Phase II DATE: February 1, 2019 BACKGROUND: In the fall of 2017, the City of Owasso hired Kimley -Horn and Associates, Inc., to study the traffic signal timings on East 861h Street North at the four (4) intersections of Garnett Road, the east and west frontage roads of US Hwy 169, and at North 117th East Avenue. The project objective was to operate the four (4) signalized intersections with optimized traffic signal timing plans synchronized together with a coordinated timing plan for the corridor. The project consisted of traffic data collection, model development and analysis, development of draft timing plans, final optimized timing plans, and coordinated timing plans for the corridor. Upon completion of the plans, they provided field implementation, evaluation, and adjustments necessary to field traffic conditions. Also included were updates and modifications to the existing traffic control cabinets. The plans were developed, reviewed by public works staff, and implemented in the spring of 2018. 1 With the success of the study, staff included funding in the FY 2018 -2019 budget for a study of the remaining signals along East 86th Street North with the newly modified signal plan for the corridor. The remaining traffic signals that will be optimized with the initial signals are the intersections at Mingo Road, Main Street, North 123rd East Avenue (both legs, which are controlled with one controller), North 129th East Avenue, 8th Grade Center entrance, and North 145th East Avenue. SCOPE OF SERVICES: The project consists of optimizing timing plans for the remaining seven (7) traffic signals along the East 86th Street North corridor. Tasks include traffic data collection; model development and analysis; draft timing plans; optimized timing plans with an update to the coordinated timing plan for the corridor; field implementation; evaluation; and adjustments. FUNDING: Funding is included in the FY 2018 -2019 Streets Division budget. RECOMMENDATION: Staff recommends approval of the Agreement for Engineering Services with Kimley -Horn and Associates, Inc. of Oklahoma City, Oklahoma, in the amount of $36,000 for the 2019 Traffic Signal System Timing Study and Implementation. ATTACHMENTS: Location Map Agreement for Engineering Services 4 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK 2019 TRAFFIC SIGNAL TIMING STUDY AND IMPLEMENTATION THIS AGREEMENT, made and entered into this day of . 2019 between the City of Owasso, Oklahoma, a Municipal Corporation, of Oklahoma, hereinafter referred to as CITY, and Kimley -Horn and Associates, Inc. hereinafter referred to as ENGINEER; WITNESSETH: WHEREAS, CITY intends to develop and implement optimized traffic signal timing plans for seyen(7) signalized intersections, in two corridors with (4) four traffic signals in each corridor, hereinafter referred to as the PROJECT; and, WHEREAS, CITY requires certain professional services in connection with the PROJECT, hereinafter referred to as the SERVICES; and, WHEREAS, ENGINEER, is prepared to provide such SERVICES; WHEREAS, funding is available for the PROJECT through the Street Sales Tax Fund Budget; NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: 1. SCOPE OF PROTECT. The scope of the PROJECT is described in Attachment A, SCOPE OF PROJECT, which is attached hereto and incorporated by reference as part of this AGREEMENT. 2. SERVICES TO BE PERFORMED BY ENGINEER. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES. which is attached hereto and incorporated by reference as part of this AGREEMENT. 3. CITY'S RESPONSIBILITIES. CITY shall be responsible for all matters described in Attachment C, RESPONSIBILITIES OF THE CITY, which is attached hereto and incorporated by reference as part of this AGREEMENT. 4. COMPENSATION. CITY shall pay ENGINEER in accordance with Attachment D, COMPENSATION, and further described in Attachment D. 5. SCHEDULE. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, in accordance with the schedule set forth in Attachment F, SCHEDULE, attached hereto and incorporated by reference as part of this AGREEMENT. 6. STANDARD OF PERFORMANCE. ENGINEER shall perform the SERVICES undertaken in a manner consistent with the prevailing accepted standard for similar services with respect to projects of comparable function and complexity and with the applicable laws and regulations published and in effect at the time of performance of the SERVICES. The PROJECT shall be designed and engineered in a good and workmanlike manner and in strict accordance with this AGREEMENT. All engineering work shall be performed by or under the supervision of Professional Engineers licensed in the State of Oklahoma, and properly qualified to perform such engineering services, which qualification shall be subject to review by CITY. Other PH 2 ENGINEERING SERVICES AGREEMENT - KIMLEY -HORN - 20181218 V6.DOC G1 than the obligation of the ENGINEER to perform in accordance with the foregoing standards, no warranty, either express or implied, shall apply to the SERVICES to be performed by the ENGINEER pursuant to this AGREEMENT or the suitability of ENGINEER'S work product. 7. OPINIONS OF COST AND SCHEDULE. 7.1. ENGINEER'S cost estimates shall be made on the basis of qualifications and experience as a Professional Engineer. 7.2. ENGINEER'S forecast schedules shall be made on the basis of qualifications and experience as a Professional Engineer. 8. LIABILITY AND INDEMNIFICATION. 8.1. ENGINEER shall defend and indemnify CITY from and against legal liability for damages arising out of the performance of the SERVICES for CITY, including but not limited to any claims, costs, attorney fees, or other expenses of whatever nature where such liability is caused by the negligent act, error, or omission of ENGINEER, or any person or organization for whom ENGINEER is legally liable. Nothing in this paragraph shall make the ENGINEER liable for any damages caused by the CITY or any other contractor or consultant of the CITY. 8.2. ENGINEER shall not be liable to CITY for any special, indirect or consequential damages, such as, but not limited to, loss of revenue, or loss of anticipated profits. 9. COMPLIANCE WITH LAWS. In performance of the SERVICES, ENGINEER shall comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. ENGINEER shall procure the permits, certificates, and licenses necessary to allow ENGINEER to perform the SERVICES. ENGINEER shall not be responsible for procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to ENGINEER in Attachment B, SCOPE OF SERVICES. 10. INSURANCE. 10.1. During the performance of the SERVICES under this AGREEMENT, ENGINEER shall maintain the following insurance: 10.1.1. General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. 10.1.2. Automobile Liability Insurance with bodily injury limits of not less than $1,000,000 for each person and not less than $1,000,000 for each accident and with property damage limits of not less than $100,000 for each accident. 10.1.3. Worker's Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance with limits of not less than $100,000 for each occurrence. PH 2 ENGINEERING SERVICES AGREEMENT - KIMIEY -HORN - 20181218 V6.DOC G2 10.1.4. Professional Liability Insurance to remain in effect during the PROJECT and the term of any legal liability. Professional Liability coverage to be for a minimum of $1,000,000, deductibles subject to approval by CITY. 10.2. ENGINEER shall furnish CITY certificates of insurance which shall include a provision that such insurance shall not be canceled without at least 30 days written notice to the CITY. 11. OWNERSHIP AND REUSE OF DOCUMENTS. 11.1. All documents, including original drawings, estimates, specifications, field notes and data shall become and remain the property of the CITY. 11.2. CITY'S reuse of such documents without written verification or adaptation by ENGINEER for the specific purpose intended shall be at CITY'S risk. 12. TERMINATION OF AGREEMENT. 12.1. The obligation to continue SERVICES under this AGREEMENT may be terminated by either party upon fifteen days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 12.2. CITY shall have the right to terminate this AGREEMENT, or suspend performance thereof, for CITY'S convenience upon written notice to ENGINEER; and ENGINEER shall terminate or suspend performance of SERVICES on a schedule acceptable to CITY. In the event of termination or suspension for CITY'S convenience, CITY shall pay ENGINEER for all SERVICES performed to the date of termination in accordance with provisions of Attachment D, COMPENSATION. Upon restart of a suspended project, ENGINEER's contract price and schedule shall be equitably adjusted. 13. NOTICE. Any notice, demand, or request required by or made pursuant to this AGREEMENT shall be deemed properly made if personally delivered in writing or deposited in the United States mail, postage prepaid, to the address specified below. To ENGINEER: 14101 Wireless Way, Building A, Suite 150 Oklahoma City, OK, 73134 Attention: Luke Schmidt, P.E. To CITY: CITY OF OWASSO 301 W 2nd Avenue Owasso, Oklahoma 74055 Attention: Roger Stevens, Public Works Director 13.1. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of ENGINEER and CITY. PH 2 ENGINEERING SERVICES AGREEMENT - KIMLEY-HORN - 20181218 V6.DOC - G3 14. UNCONTROLLABLE FORCES. Neither CITY nor ENGINEER shall be considered to be in default of this AGREEMENT if delays in or failure of performance shall be due to forces which are beyond the control of the parties; including, but not limited to: fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage; inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either CITY or ENGINEER under this AGREEMENT; strikes, work slowdowns or other labor disturbances, and judicial restraint. 15. SEVERABILITY, If any portion of this AGREEMENT shall be construed by a court of competent jurisdiction as unenforceable, such portion shall be severed herefrom, and the balance of this AGREEMENT shall remain in full force and effect. 16. INTEGRATION AND MODIFICATION. This AGREEMENT includes Attachments A, B, C, D, E, and F and represents the entire and integrated AGREEMENT between the parties; and supersedes all prior negotiations, representations, or agreements pertaining to the SCOPE OF SERVICES herein, either written or oral. CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. This AGREEMENT may be amended only by written instrument signed by each of the Parties. 17. DISPUTE RESOLUTION PROCEDURE. In the event of a dispute between the ENGINEER and the CITY over the interpretation or application of the terms of this AGREEMENT, the matter shall be referred to the City's Director of Public Works for resolution. If the Director of Public Works is unable to resolve the dispute, the matter may, in the Director's discretion, be referred to the City Manager for resolution. Regardless of these procedures, neither party shall be precluded from exercising any rights, privileges or opportunities permitted by law to resolve any dispute. 18. ASSIGNMENT. ENGINEER shall not assign its obligations undertaken pursuant to this AGREEMENT, provided that nothing contained in this paragraph shall prevent ENGINEER from employing such independent consultants, associates, and subcontractors as ENGINEER may deem appropriate to assist ENGINEER in the performance of the SERVICES hereunder. 19. APPROVAL. It is understood and agreed that all work performed under this AGREEMENT shall be subject to inspection and approval by the Public Works Department of the City of Owasso, and any plans or specifications not meeting the terms set forth in this AGREEMENT will be replaced or corrected at the sole expense of the ENGINEER. The ENGINEER will meet with the City staff initially and will be available for public meetings and City of Owasso presentations. PH 2 ENGINEERING SERVICES AGREEMENT - KIMLEY -HORN - 20181218 V6.DOC CA 20. KEY PERSONNEL. In performance of the SERVICES hereunder, ENGINEER has designated Luke Schmidt, P.E. as Project Manager for the PROJECT. ENGINEER agrees that no change will be made in the assignment of this position without prior approval of CITY. IN WITNESS WHEREOF, the parties have executed this AGREEMENT in multiple copies on the respective dates herein below reflected to be effective on the date executed by the Mayor of the City of Owasso. APPROVED: KIMLEY -HORN AND ASSOCIATES, INC. By: Eric Z Smith, Assistant Secretary Date CITY OF OWASSO, OKLAHOMA City Clerk, Juliann M. Stevens Mayor, Chris Kelley Date APPROVED AS TO FORM: City Attorney, Julie Lombardi PH 2 ENGINEERING SERVICES AGREEMENT- IBMLEY -HORN- 28181218 V6.DOC C-5 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK 2019 COORDINATED TRAFFIC SIGNAL TIMING STUDY AND IMPLEMENTATION Scope of Project Attachment A SCOPE OF PROTECT. The PROJECT shall consist of traffic engineering SERVICES described as follows: The ENGINEER shall provide Coordinated Traffic Signal Timing Improvements at seven (7) intersections within the City of Owasso. The intersections to be evaluated are the following: • East 86th Street North & North Mingo Road • East 86th Street North & North Main Street • East 86th Street North & North 123rd E Avenue (West Intersection) • East 86th Street North & North 123rd E Avenue (East Intersection) • East 86th Street North & North 129th East Avenue • East 86th Street North & East Owasso High School Driveway • East 86th Street North & North 1450, E Avenue The following intersection traffic signal timings will not be adjusted as part of this project: • East 86th Street North & North Garnett Road East • East 86th Street North & US-169 Southbound Off Ramp • East 86th Street North & Owasso Expressway /N 115th E Avenue (east side) • East 86th Street North & North 117th East Avenue More specifically, the ENGINEER will perform a field visit to assess the current traffic signal operations and necessary equipment upgrades, evaluate and provide optimized /field fine - tuned coordinated traffic signal timing and coordination plans, evaluate before and after travel time runs, and provide a brief memo documenting the process and recommendations. PH 2 ENGINEERING SERVICES AGREEMENT - KIMLEY -HORN - 20181218 V6.000 C -6 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK 2019 COORDINATED TRAFFIC SIGNAL TIMING STUDY AND IMPLEMENTATION Scope of Services Attachment B The services to be performed by the ENGINEER under this AGREEMENT will consist of providing traffic engineering services for the SERVICES presented in Attachment A, as directed by the City by a notice to proceed or in a work order. Further, it is understood and agreed that the date of beginning, rate of progress, and the time of completion of the work to be done hereunder for each assignment are essential provisions of this AGREEMENT; and it is further understood and agreed that the work embraced in this AGREEMENT shall commence upon execution of this AGREEMENT and receipt of Notice to Proceed. Basic Services of ENGINEER. The basic services of the ENGINEER shall include, but are not limited to the following tasks: Task 1. Data Collection Field Visit: ENGINEER staff will perform in -field observations of intersection operations and traffic patterns during weekday AM, Midday, PM, and Saturday peak periods at the study intersections. These observations will take place at up to three (3) different days, to identify and understand current challenges along the corridors. During these observations, the ENGINEER will also collect pertinent intersection geometry and control information for developing updated SynchroT',' models. Peak Period Turning Movement Counts The ENGINEER will identify peak periods in the weekday (Tuesday - Thursday) morning, midday, evening, and Saturday for which we will collect turning- movement count data at the following seven (7) project intersections: • East 86th Street North & North Mingo Road • East 86th Street North & North Main Street • East 86th Street North & North 123vd E Avenue (West Intersection) • East 86th Street North & North 123rd E Avenue (East Intersection) • East 86th Street North & North 129th East Avenue • East 86th Street North & East Owasso High School Driveway • East 86th Street North & North 145th E Avenue The data will include pedestrian counts for each crossing. The data is anticipated to be collected on a weekday between 7:00 AM & 9:00 AM, 11:00 AM & 1:00 PM, 4:00 PM & 6:30 PM, and Saturday 11:30 AM & 1:30 PM. Traffic turning movement data will not be collected at the following intersections for this PH 2 ENGINEERING SERVICES AGREEMENT- KIMLEY -HORN - 20181218 V6.000 G7 phase of the project: • East 86th Street North & North Garnett Road East • East 86th Street North & US-169 Southbound Off Ramp • East 86th Street North & Owasso Expressway /N 115w E Avenue (east side) • East 86th Street North & North 117th East Avenue Assemble Existing Data The ENGINEER will obtain from the CITY the current local controller and coordination timing for all project intersections. It is anticipated that this information will be provided in the form of printouts in PDF format. This information will need to include the following: • Local controller timing parameters; • Minimum and maximum green times; • Vehicular clearances (e.g. yellow and all-red); • Pedestrian timing (e.g. walk and flashing -dori t- walk); • Phase sequences; • Local special functions; • Coordination timing; • Cycle lengths, offsets, splits, and phase sequences; • Time -of -day, day -of -week (TOD /DOW) schedules; • Special events timing; and • System - commanded special functions. Travel Time Runs "Before" and "after" travel time runs will be made during each of the peak periods for which TMC data was collected. These runs may be supplemented or replaced using available travel time run crowd source data. If collected manually in the field, travel time runs will be made using "floating car techniques" (i.e., the driver of the test vehicle car will travel at the pace set by other traffic). The crowd source data will be collected using Google data analytics and /or INRIX data analytics. The "before" runs will be made prior to the implementation of any changes to the existing signal timing. These runs will establish baseline conditions (speeds, delay, and number of stops), to assist in the determination of appropriate progression speeds, and to identify areas where queue management is critical and areas where recurrent congestion may affect progressive traffic movement. Following the implementation and fine - tuning of the new signal timing, the "after" runs/ data collection will be made to quantify the degree of improvement. PH 2 ENGINEERING SERVICES AGREEMENT - KIMLEY-HORN - 20181216 V6.000 C.8 Task 2. Equipment Assessment and Recommendations The ENGINEER will review the existing traffic signal equipment at each of the following intersections and make hardware recommnedations that will be required to implement coordinated traffic signal timings: • East 86th Street North & North Mingo Road • East 86th Street North & North Main Street • East 86th Street North & North 123rd E Avenue (West Intersection) • East 86th Street North & North 123,4 E Avenue (East Intersection) • East 86th Street North & North 129th East Avenue • East 86th Street North & East Owasso High School Driveway • East 86th Street North & North 145th E Avenue Recommendations may include, but are not limited to replacing the following traffic signal components: • GPS clocks; • Controller,- • Conflict monitor; • Cabinet; • Wireless antenna for communication; and • Flashing yellow arrow implementation (wiring, signal heads, load switches, etc.). Task 3. Preparation of New Timing Strategies Timing development will be limited to the one (1) project corridor and the seven (7) project intersections. Proposed cycle lengths and time -of -day (TOD) plan schedules for the project corridors will be determined by the ENGINEER. The following timing plans will be developed for this project: Weekday AM, Midday, PM, and Saturday. The following intersection timings plans will not be adjusted, but the timings will be incorporated into the larger coordinated timing project. • East 86th Street North & North Garnett Road East • East 86th Street North & US-169 Southbound Off Ramp • East 86th Street North & Owasso Expressway /N 115th E Avenue (east side) • East 86th Street North & North 117th East Avenue This subtask is further broken down as follows: 1) Develop Current Condition SynchroTM Models a) Using the information gathered in previous tasks, the ENGINEER will develop the current condition SynchroTM model for each timing plan period identified above. These models and the before travel time runs will be used to summarize the existing (i.e., before) conditions. PH 2 ENGINEERING SERVICES AGREEMENT - KIMLEY -HORN - 20181218 V6.DOC G9 2) Development of ptimized Signal Timing Plan SynchroTM Models a) Using the current conditions SynchroTM models, the ENGINEER will create SynchroTM models for each time periods identified above. These models will have timing plans (force offs, offsets, phase sequence, etc.) optimized to maximize the bandwidth on the arterials and keep side street delays to an appropriate level. b) The ENGINEER will perform an "on- screen' review of each plan as it was initially produced by means of the SynchroTM optimization. As an initial enhancement, the ENGINEER will make refinements that will improve the actual on -street progression. Using these enhanced models, the ENGINEER will generate each of the new signal timing plans. Review of Recommended Timing with CITY Staff Once the timing plans have been developed, the ENGINEER will meet with the CITY to present the proposed timings. The ENGINEER will be prepared to present the following: 1) For various project intersections, the proposed boundaries of the control groups; 2) For each project intersection, the recommended timing plan data (which will include cycle length, offset, force -offs, phase sequence, and basic timing intervals); 3) A summary of Synchro's measures of effectiveness for vehicle delay, stops, fuel consumption, queue length, and emissions; and, 4) Any obstacles to implementation that may be encountered. Through interactive discussion, consensus will be reached regarding modifications that need to be made prior to implementation of the new timing plans. The ENGINEER will then finalize each timing plan, incorporating the changes that were agreed to during the review meeting. Task 4. Timing Plan Implementation and Fine - Tuning It is assumed and understood that the ENGINEER's Subconsultant (SignalTek) will load the new timing plans into the local controllers in the field as part of this project. During this process, the ENGINEER will be onsite to make signal timing modifications or adjustments. On mutually agreed -upon days, ENGINEER staff will observe new timing as it is made operational in the field. The ENGINEER will then perform on- street fine tuning for the four (4) peak period periods. Task 5. Project Documentation The ENGINEER will prepare a brief technical memorandum of the overall project, incorporating appropriate material from the previous tasks. The report will include tables that will provide overall summaries of the following: PH 2 ENGINEERING SERVICES AGREEMENT - KIMLEY -HORN - 20181218 VOW C -10 • Net changes in travel times, stops, and signal delay as actually measured by means of the before and after floating car travel time runs; and Comparisons of before and after measures of effectiveness (MOEs) as estimated by the SynchroTM model (whenever practical, nationally accepted standards for MOEs such as those established by the latest edition of the Highway Capacihj Manual should be used for the comparisons). The ENGINEER will submit electronic copies (Microsoft Word document and Excel Spreadsheets and PDF format) of the preliminary report. The ENGINEER will then meet with the CITY either in person or via conference call to receive comments. Following this meeting, the ENGINEER will submit an electronic copy (Microsoft Word document and Excel Spreadsheets and PDF format) of the final report. Task 6. Meetings The following meetings are anticipated as part of this project: • Project kickoff/ progress meeting (in person); • Review of traffic signal timing parameter recommendations and timing plans (in person); • Meeting to review documentation memo and findings (conference call); and • Up to three (3) project status and coordination meetings (conference call). Additional Services Any services not specifically provided for in the above scope will be billed as additional services and performed at our then current hourly rates, or as lump -sum services as part of negotiated additional scope. Additional services we can provide include, but are not limited to, the following: • Presentations and /or additional meetings • Development of additional coordinated traffic signal timing plans • Additional intersections • Additional peak or off -peak periods • Additional special school- related timing • Coordination with other Cities, contractors, or ODOT • Additional in -field fine tuning efforts PH 2 ENGINEERING SERVICES AGREEMENT - KIMLEY -HORN - 20181218 VB.DOC G11 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK 2019 COORDINATED TRAFFIC SIGNAL TIMING STUDY AND IMPLEMENTATION Responsibilities of the City Attachment C RESPONSIBILITIES OF THE CITY. The CITY agrees: C.1 Reports, Records, etc: To furnish, as required by the work, and not at the expense of the ENGINEER: C.1.1 Records, reports, studies, plans, drawings, and other data available in the files of the CITY that may be useful in the work involved under this AGREEMENT C.1.2 ENGINEER will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by CITY. C.2 Access: Provide access to public and private property when required in performance of ENGINEER's services. C.3 Staff Assistance: Designate the City Engineer (or another individual designated in writing) to act as its representative in respect to the work to be performed under this AGREEMENT, and such person shall have complete authority to transmit instructions, receive information, interpret and define CITY'S policies and decisions with respect to materials, equipment, elements and systems pertinent to the services covered by this AGREEMENT. CA Review: Examine all studies, reports, sketches, estimates, specifications, drawings, proposals and other documents presented by ENGINEER and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. PH 2 ENGINEERING SERVICES AGREEMENT - KIMLEY -HORN - 20181218 V000 C-12 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK 2019 COORDINATED TRAFFIC SIGNAL TIMING STUDY AND IMPLEMENTATION Compensation Attachment D COMPENSATION, The CITY agrees to pay, as compensation for services set forth in Attachment B, the following fees, payable monthly as the work progresses; and within 30 calendar days of receipt of invoice. ENGINEER shall submit monthly invoices based upon percent complete at the time of billing. Invoices shall be accompanied by such documentation as the CITY may require in substantiation of percent complete. D.1 Total Compensation For the work under this project the total maximum billing including direct costs and subconsultant services shall be $36,000 which amount shall not be exceeded without further written authorization by CITY. D.2 Subconsultants and Other Professional Associates: Services of subcontractors and other professional consultants shall be compensated for at actual cost. Use of sub - consultants must be authorized in advance by CITY. D.3 Other Direct Costs D.3.1 Travel and subsistence shall be compensated for at actual cost. Local travel by personal or firm automobile shall be compensated for at the rate currently allowed by the IRS. D.3.2 Any other direct costs shall be compensated for at actual when authorized in advance by CITY. DA Additional Services: Unless otherwise provided for in any accepted and authorized proposal for additional services, such services shall be compensated for on the same basis as provided for in Attachment D. D.5 Terminated Services: If this AGREEMENT is terminated, ENGINEER shall be paid for services performed to the effective date of termination. D.6 Conditions of Payment D.6.1 Progress payments shall be made in proportion to services rendered and expenses incurred as indicated within this AGREEMENT and shall be due and owing within thirty days of ENGINEER'S submittal of his progress payment invoices. D.6.2 If CITY fails to make payments due ENGINEER within sixty days of the submittal of any progress payment invoice, ENGINEER may, after giving fifteen days written notice to CITY, suspend services under this AGREEMENT. 13 D.6.3 If the PROJECT is delayed, or if ENGINEER'S services for the PROJECT are delayed or suspended for more than ninety days for reasons beyond ENGINEER'S control, ENGINEER may, after giving fifteen days written notice to CITY, request renegotiation of compensation. 14 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK 2019 COORDINATED TRAFFIC SIGNAL TIMING STUDY AND IMPLEMENTATION Schedule Attachment F F. SCHEDULE. The schedule for general engineering services for the PROJECT is provided as follows: F.1. Notice to Proceed: F.2. Substantial Completion: Anticipated schedule shown below, completion is estimated within 19 weeks of notice to proceed. City of Owasso - Traffic Signal Timing Schedule 2019 Key Task Name Data Collection - WK1 ■■■■■■■■■■■■■■■■■■■■ 2 3 4 5 6 1 7 8 9 1 10 11 12 1 13 14 15 1 16 17 18 1 19 20 Traffic Counts ===■I�.■■■■■■■■■■ Field Verification Qualitative Assessment Model Development ■ ■ ■��lt J■■■■■■■■■ Count ..... ■■ ■E *IM■■■■N■■■■■■■■■■ • - - - Number --•-• ■■■■ =■■■■■■■■■■■■■■■ Existing Traffic Signal Timing and Phasing Cycle Length Assessment Progression Speeds Controller Intenial Timing Submit Timing Plans to City for Remew ■ ■ ■ ■ ■ ■ ■ ■= *'�i ■ ■ ■ ■ ■ ■ ■ ■■ "Before' Comdor Travel Time Runs ■1 ■ ■=== ■ ■ ■ ■ ■ ■ ■ ■■ Remse Initial Timings Based on Comments Field Implementa MIME■■■■■■■ = =■ Fine Tuning and Documentation ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■L���:��J Field Adjustments ------------- - - - - -- on., . • R 1 Charatpr • Raal C•mmunlry TO: The Honorable Mayor and City Council FROM: H. Dwayne Henderson, P.E. City Engineer SUBJECT: East 106th Street North /Norfhl29th East Avenue Intersection Improvements Agreement for Engineering Design Services DATE: February 1, 2019 BACKGROUND: The Surface Transportation Program (STP) funds are made available on an annual basis by the Federal Highway Administration (FHWA), through the Oklahoma Department of Transportation (ODOT), for the implementation of eligible transportation improvements in the Tulsa Urbanized Area. The intersection at East 106th Street North and North 129th East Avenue is owned and maintained by Tulsa County. The intersection accommodates heavy residential traffic, commercial users, and traffic connecting from US Hwy 169 to St. John and Bailey Medical Centers. Traffic at the intersection has steadily increased over the last few years, and when Rejoice School moved their campus northeast of the intersection, traffic congestion grew exponentially. On December 6, 2016, the City Council approved Resolution 2016 -23, amending the list of projects eligible for Capital Improvement Funds to include the East 106th Street North and North 1291h East Avenue Intersection Improvement Project. On December 20, 2016, the City Council approved Resolution 2016 -25, authorizing a funding application for the use of STP funding. The funding application for the project was submitted to the Indian Nations Council of Governments (INCOG) on January 31, 2017, and approved in March 17, 2017. Tulsa County and the City of Owasso agreed to share costs for the engineering design, right -of- way, utility relocation and construction of the project. Both parties agreed and selected Garver, LLC, to negotiate a scope of work and fee to provide engineering services for the intersection improvements. On December 4, 2018, the City Council approved an inter -local agreement with Tulsa County for each entity to fund 50% of the engineering design fees. Tulsa County approved the same agreement at their January 7, 2019, County Commissioners meeting. ENGINEERING AGREEMENT /SCOPE OF WORK: City staff and Garver, LLC, developed a scope of work for the first phase of the design project. Design plan submittals will be required at the 30 %, 60% and 90% completion stages and then final plans for bidding once right -of -way is obtained and private utilities are relocated. The following components are included in the agreement: • Perform conceptual phase of the widening project • Perform operational, capacity and level of service analysis on intersection to warrant signals and lane configurations • Prepare plans that include: • Utility relocation design of the public utilities • Road widening of intersection of East 106th Street North /North 1291h East Avenue • Traffic Signalization Plans • Modifying bridge box east of North 129th East Avenue • Prepare Right -of -Way documents • Coordinate private utility relocations • Prepare public utility relocation plans • Prepare US Army Corps of Engineer permits • Prepare bid documents • Assist with bidding and construction • Provide construction assistance On November 8, 2018, City staff and Garver, LLC, came to an agreement relating to the engineering service fee. If approved by City Council, the cost of engineering services will be a lump sum amount of $180,000. The fee is 8% of the estimated construction cost, with 50% of the funds ($90,000) to be paid by the City of Owasso and 50% by Tulsa County ($90,000). FUNDING: Funding is available in the Capital Improvements Budget. The City of Owasso has funds in the budget for the full amount of the engineering fee and will be reimbursed by Tulsa County through the approved Inter -Local Agreement, as mentioned above. RECOMMENDATION: Staff recommends approval of the Agreement for Engineering Services with Garver, LLC, of Tulsa, Oklahoma in the amount of $180,000 and authorization for the Mayor to execute the agreement. ATTACHMENTS: Location Map Engineering Agreement /Exhibits Tulsa County Approved Inter -local Agreement rA W N V� PROJECT LOCATION �PQ JQ' 106th T GL E N -MU R ACR FS A N aF N GF2EEK E 106th STREET N & N 129th E AVE CITY OF OWASSO INTERSECTION IMPROVEMENT PROJECT PROJECT LOCATION Q 200 S. Main Street P.O. Box 180 Owasso, OK 74055 1 12]/18 North I lus N1.\1 IS F(IR Itil ORNlA V KIN ru RPOtiM1. II NI.,N \ \1') IS NO IN I'FNI7f rtl 918.376.1500 R I.I`R.IiS I'N f':\N At t 1. RA "I P: AND T I_i p. SC 41_IS. (IS I UI� THIS MAP I$ Nlll It)1 \V :112 R. \I\TY OI: RI_I'R GSl3 N "I': \TIUN I11 CI'iY OF OWASS(1 OI 1'IS ACC111C( '. AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK EAST 106TH STREET NORTH & 129TH EAST AVENUE INTERSECTION IMPROVEMENTS THIS AGREEMENT, made and entered into this day of . 2019 between the City of Owasso, Oklahoma, a Municipal Corporation, of Oklahoma, hereinafter referred to as CITY, and. Garver, LLC hereinafter referred to as ENGINEER; WITNESSETH: WHEREAS, CITY intends to widen and improve the intersection of 1061" Street North and 1291" East Avenue. hereinafter referred to as the PROJECT; and, WHEREAS, CITY requires certain professional services in connection with the PROJECT, hereinafter referred to as the SERVICES; and, WHEREAS, ENGINEER, is prepared to provide such SERVICES; WHEREAS, funding is available for the PROJECT through the Budget; NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: 1. SCOPE OF PROTECT. The scope of the PROJECT is described in Attachment A, SCOPE OF PROTECT, which is attached hereto and incorporated by reference as part of this AGREEMENT. 2. SERVICES TO BE PERFORMED BY ENGINEER. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, which is attached hereto and incorporated by reference as part of this AGREEMENT. 3. CITY'S RESPONSIBILITIES. CITY shall be responsible for all matters described in Attachment C, RESPONSIBILITIES OF THE CITY which is attached hereto and incorporated by reference as part of this AGREEMENT. 4. COMPENSATION. CITY shall pay ENGINEER in accordance with Attachment D, COMPENSATION, and further described in Attachment E, FEE /HOUR BREAKDOWN. which are attached hereto and incorporated by reference as part of this AGREEMENT. 5. SCHEDULE. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, in accordance with the schedule set forth in Attachment F, SCHEDULE, attached hereto and incorporated by reference as part of this AGREEMENT. 6. STANDARD OF PERFORMANCE. ENGINEER shall perform the SERVICES undertaken in a manner consistent with the prevailing accepted standard for similar services with respect to projects of comparable function and complexity and with the applicable laws and regulations published and in effect at the time of performance of the SERVICES. The PROJECT shall be designed and engineered in a good and workmanlike manner and in strict accordance with this AGREEMENT. AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS G1 All engineering work shall be performed by or under the supervision of Professional Engineers licensed in the State of Oklahoma, and properly qualified to perform such engineering services, which qualification shall be subject to review by CITY. Other than the obligation of the ENGINEER to perform in accordance with the foregoing standards, no warranty, either express or implied, shall apply to the SERVICES to be performed by the ENGINEER pursuant to this AGREEMENT or the suitability of ENGINEER'S work product. LIMITATION OF RESPONSIBILITY. 7.1. ENGINEER shall not be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the PROJECT. 7.2. The presence of ENGINEEWs personnel at a construction site is for the purpose of providing to the CITY a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). 7.3. In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and /or execution. These conditions and cost /execution effects are not the responsibility of ENGINEER. 7.4. Record drawings will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. ENGINEER is not responsible for any errors or omissions in the information from others that are incorporated into the record drawings. 7.5. ENGINEER's deliverables, including record drawings, are limited to the sealed and signed hard copies. Computer - generated drawing files furnished by ENGINEER are for CITY or others' convenience. Any conclusions or information derived or obtained from these files will be at user's sole risk. 8. OPINIONS OF COST AND SCHEDULE. 8.1. Since ENGINEER has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors', subcontractors', or vendors' methods of determining prices, or over competitive bidding or market conditions, ENGINEER'S cost estimates shall be made on the basis of qualifications and experience as a Professional.Engineer. 8.2. Since ENGINEER has no control over the resources provided by others to meet construction contract schedules, ENGINEER'S forecast schedules shall AGREEMENT FOR ENGINEERING SERVICES WRH EXHIBITS C -2 be made on the basis of qualifications and experience as a Professional Engineer. 9. LIABILITY AND INDEMNIFICATION. 9.1. ENGINEER shall defend and indemnify CITY from and against legal liability for damages arising out of the performance of the SERVICES for CITY, including but not limited to any claims, costs, attorney fees, or other expenses of whatever nature where such liability is caused by the negligent act, error, or omission of ENGINEER, or any person or organization for whom ENGINEER is legally liable. Nothing in this paragraph shall make the ENGINEER liable for any damages caused by the CITY or any other contractor or consultant of the CITY. 9.2. ENGINEER shall not be liable to CITY for any special, indirect or consequential damages, such as, but not limited to, loss of revenue, or loss of anticipated profits. 10. CONTRACTOR INDEMNIFICATION AND CLAIMS. 10.1. CITY agrees to include in all construction contracts the provisions of Articles 7.1, and 7.2, and provisions providing contractor indemnification of CITY and ENGINEER for contractor's negligence. 10.2. CITY shall require construction contractor(s) to name CITY and ENGINEER as additional insureds on the contractor's general liability insurance policy. 11. COMPLIANCE WITH LAWS. In performance of the SERVICES, ENGINEER shall comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria and standards.. ENGINEER shall procure the permits, certificates, and licenses necessary to allow ENGINEER to perform the SERVICES. ENGINEER shall not be responsible for procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to ENGINEER in Attachment B, SCOPE OF SERVICES. 12. INSURANCE. 12.1. During the performance of the SERVICES under this AGREEMENT, ENGINEER shall maintain the following insurance: 12.1.1. General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not Iess than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. 12.1.2. Automobile Liability Insurance with bodily injury limits of not less than $1,000,000 for each person and not less than $1,000,000 for each accident and with property damage limits of not less than $100,000 for each accident. 12.1.3. Worker's Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance with limits of not less than $100,000 for each occurrence. AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS G3 12.1.4. Errors and Omissions Insurance to remain in effect during the PROJECT and the term of any legal liability. Errors and Omissions coverage to be for a minimum of $1,000,000, deductibles subject to approval by CITY. 12.2. ENGINEER shall furnish CITY certificates of insurance which shall include a provision that such insurance shall not be canceled without at least 30 days written notice to the CITY. 13. OWNERSHIP AND REUSE OF DOCUMENTS. 13.1. All documents, including original drawings, estimates, specifications, field notes and data shall become and remain the property of the CITY. 13.2. CITY'S reuse of such documents without written verification or adaptation by ENGINEER for the specific purpose intended shall be at CITY'S risk. 14. TERMINATION OF AGREEMENT. 14.1. The obligation to continue SERVICES under this AGREEMENT may be terminated by either party upon fifteen days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 14.2. CITY shall have the right to terminate this AGREEMENT, or suspend performance thereof, for CITY'S convenience upon written notice to ENGINEER; and ENGINEER shall terminate or suspend performance of SERVICES on a schedule acceptable to CITY. In the event of termination or suspension for CITY'S convenience, CITY shall pay ENGINEER for all SERVICES performed to the date of termination in accordance with provisions of Attachment D, COMPENSATION. Upon restart of a suspended project, ENGINEER's contract price and schedule shall be equitably adjusted. 15. NOTICE. Any notice, demand, or request required by or made pursuant to this AGREEMENT shall be deemed properly made if personally delivered in writing or deposited in the United States mail, postage prepaid, to the address specified below. To ENGINEER: GARVER 6450 S. Lewis Suite 300 Tulsa, OK 74136 Attention: Michael Winterscheidt, PE To CITY: CITY OF OWASSO 301 W 2nd Avenue Owasso, Oklahoma 74055 Attention Roger Stevens, Public Works Director AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS CA 15.1. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of ENGINEER and CITY. 16. UNCONTROLLABLE FORCES. Neither CITY nor ENGINEER shall be considered to be in default of this AGREEMENT if delays in or failure of performance shall be due to forces which are beyond the control of the parties; including, but not limited to: fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage; inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either CITY or ENGINEER under this AGREEMENT; strikes, work slowdowns or other labor disturbances, and judicial restraint. 17. SEVERABILITY' If any portion of this AGREEMENT shall be construed by a court of competent jurisdiction as unenforceable, such portion shall be severed herefrom, and the balance of this AGREEMENT shall remain in full force and effect. 18. INTEGRATION AND MODIFICATION. This AGREEMENT includes Attachments A, B, C, D, E, and F and represents the entire and integrated AGREEMENT between the parties; and supersedes all prior negotiations, representations, or agreements pertaining to the SCOPE OF SERVICES herein, either written or oral. CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. This AGREEMENT may be amended only by written instrument signed by each of the Parties. 19. DISPUTE RESOLUTION PROCEDURE. In the event of a dispute between the ENGINEER and the CITY over the interpretation or application of the terms of this AGREEMENT, the matter shall be referred to the City's Director of Public Works for resolution. If the Director of Public Works is unable to resolve the dispute, the matter may, in the Director's discretion, be referred to the City Manager for resolution. Regardless of these procedures, neither party shall be precluded from exercising any rights, privileges or opportunities permitted by law to resolve any dispute. 20. ASSIGNMENT. ENGINEER shall not assign its obligations undertaken pursuant to this AGREEMENT, provided that nothing contained in this paragraph shall prevent ENGINEER from employing such independent consultants, associates, and subcontractors as ENGINEER may deem appropriate to assist ENGINEER in the performance of the SERVICES hereunder. 21. APPROVAL. It is understood and agreed that all work performed under this AGREEMENT shall be subject to inspection and approval by the Public Works Department of the City of Owasso, and any plans or specifications not meeting the terms set forth in this AGREEMENT will be replaced or corrected at the sole expense of the ENGINEER. The ENGINEER will meet with the City staff initially and monthly thereafter and will be available for public meetings and City of Owasso presentations. AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS C-5 22. KEY PERSONNEL. In performance of the SERVICES hereunder, ENGINEER has designated _Michael Winterscheidt PE as Project Manager for the PROJECT. ENGINEER agrees that no change will be made in the assignment of this position without prior approval of CITY. IN WITNESS WHEREOF, the parties have executed this AGREEMENT in multiple copies on the respective dates herein below reflected to be effective on the date executed by the Mayor of the City of Owasso. ENGINEER By: 3R, AZOM r MANAI er to Date o .�&*/ V APPROVED: CITY OF OWASSO, OKLAHOMA City Clerk, Juliann M. Stevens Mayor, Chris Kelley Date APPROVED AS TO FORM: City Attorney, Julie Lombardi AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS pg AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK EAST 106TH STREET NORTH & 129TH EAST AVENUE INTERSECTION IMPROVEMENTS Scope of Project Attachment A SCOPE OF PROTECT. The PROJECT shall consist of civil engineering SERVICES described as follows: The PROJECT shall consist of the design and preparation of construction documents for improvements, including widening with turn lanes and the installation of a traffic signal, for the reconstruction of 106f Street North and 129th East Avenue intersection, extending approximately 700'- 1,000' from the intersection in all directions, in Owasso, Oklahoma. The topographic and boundary survey for the PROJECT will be provided to the ENGINEER and is not a part of this AGREEMENT. Any additional survey required for this PROJECT will be provided by the CITY or agreed upon and performed by the ENGINEER as an AMENDMENT to this AGREEMENT. The ENGINEER will perform engineering and drafting services required by this AGREEMENT to prepare roadway construction plans, specifications, and bidding documents for the PROJECT. Included in the roadway design are grading, drainage, surfacing, signing and striping, traffic signals, traffic control during construction, and public utility relocations. The roadway will remain open to local traffic during construction. A detailed Scope of Services is included in Attachment B. All design will be in English units in accordance with the current 'Oklahoma Department of Transportation (ODOT) Design Manual'.'AASHTO Policy on Geometric Design of Highways and Streets', the 'Manual of Uniform Traffic Control Devices (MUTCD)', and City of Owasso (CITY) Standards. The Construction documents will be prepared utilizing CITY and ODOT standard drawings, details, and specifications prepared for an ODOT letting. The PROJECT will be funded for design by the CITY and funded for Construction by both the CITY and ODOT. ODOT will advertise, bid, and administer the PROJECT's construction. AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS C -7 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK EAST 106TH STREET NORTH 81129TH EAST AVENUE INTERSECTION IMPROVEMENTS Scope of Services Attachment B The services to be performed by the ENGINEER under this AGREEMENT will consist of providing civil engineering services for the SERVICES presented in Attachment A, as directed by the City by a notice to proceed or in a work order. Further, it is understood and agreed that the date of beginning, rate of progress, and the time of completion of the work to be done hereunder for each assignment are essential provisions of this AGREEMENT; and it is further understood and agreed that the work embraced in this AGREEMENT shall commence upon execution of this AGREEMENT and receipt of Notice to Proceed. It is further understood that all reviews and conceptual designs will be prepared in accordance with the City of Owasso and ODOT design criteria and specifications for construction. B. Basic Services of ENGINEER. The basic services of the ENGINEER shall include, but are not limited to the following tasks: B.1. CONCEPTUAL DESIGN PHASE (30 %) B.1.1. Attend Kickoff meeting with City Staff. B.1.2. The topographic and boundary survey for the PROJECT will be provided to the ENGINEER and is not a part of this AGREEMENT. Any additional survey required for this PROJECT will be provided by the CITY or agreed upon and performed by the ENGINEER as an AMENDMENT to this AGREEMENT. B.1.3. Conduct geotechnical investigation for the roadway and provide a geotechnical report including a rigid pavement design. B.1.4. Conduct Traffic Analysis B.1.4.1. Collect 24 hour turning movement counts at 106th Street North and 1291h East Avenue Intersection. B.1.4.2. Make a site visit to become familiar with the existing intersections and surrounding corridor. B.1.4.3. Gather historical crash data from CITY and ODOT B.1.4.4. Develop future 2038 design volumes for the intersections B.1.4.5. Perform signal warrant analysis at 106th Street North and 129th East Avenue. AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS C$ B.1.4.6. Perform operational analysis, capacity and level of service at 106th Street North and 1291h East Avenue. 8.1.4.7. Prepare a Traffic Memo summarizing the findings of the traffic study and warrant analysis, including recommendations for turn lane storage lengths and signalization needs. B.1.4.8. Submit Traffic Memo prior to Conceptual Plans (30 %) for inclusion of recommendations into Conceptual Plans. 13.1.5. Prepare Conceptual Plans (30 %) for the proposed roadway, including the following items and tasks: B.1.5.1. Prepare Conceptual roadway design for the PROJECT including 106Th Street North and the 1291h East Avenue intersection. Prepare Conceptual Plans and associated opinions of probable cost for the recommended improvements. B.1.52. Conduct Hydraulic Model of two (2) RCB culvert crossings. B.1.5.2.1. Develop discharges for the two (2) culvert crossings located at the intersection within the project limits. Flows will be developed using the Rational Method or Stream Stats software to determine the existing watershed and fully- urbanized watershed condition discharges for the 10 -, 25- ,100-, and 500 -year storms. B.1.5.2.2. Develop a hydraulic model of the two culvert crossings using the HEC -RAS software to determine the hydraulic conditions for each culvert. A hydraulic model will be developed for the existing culverts with both existing and fully urbanized watershed discharges. 13.1.5.2.3. Develop a hydraulic model for proposed culverts with the proposed roadway improvements in place. Proposed roadway elevations for the 30% plan set will be used to determine culvert sizes to seek a culvert size that will not cause overtopping of the roadway for the 100 -year storm or cause a rise in upstream 100 -year water surface elevations. B.1.5.3. A Memo summarizing the findings for these two RCB culverts is not included. AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS Gg B.1.5.4. Prepare conceptual roadway drainage design for the PROJECT. Drainage design may include both enclosed stormwater sewer systems and some open ditches. 13.1.5.5. Detailed Water Line design for Washington County Rural Water District #3 (WCRWD #3) will not be included in Conceptual Plans, however, a cost for the anticipated water line relocations will be estimated to be used in the Opinion of Probable Cost. B.1.5.6. City owned Waterline and Sanitary Sewer relocations are not anticipated for the PROJECT. 13.1.5.7. Detailed Signal design will not be included in Conceptual Plans, however, a cost for signals will be estimated to be used in the Opinion of Probable Cost. B.1.6. Submit ten (10) copies of the Conceptual Plans (30 %) for CITY and ODOT review B.1.7. Prepare Conceptual (30 %) Opinion of Probable Cost. B.1.8. Attend a 30% Conceptual Design Review Meeting with CITY and ODOT 13.1.9. Address CITY and ODOT comments and finalize Conceptual Plans and Traffic Memo. 13.2. PRELIMINARY DESIGN PHASE (60%) 8.2.1. Prepare Preliminary Right -of -Way Plans (60 %) for the proposed roadway, including the following items and tasks: B.2.1.1. Prepare preliminary roadway design for the PROJECT. B.2.1.2. Review and update proposed culvert sizes for roadway elevations and widths based on Preliminary Design Plans (60 %) B.2.1.3. Prepare preliminary drainage design for the PROJECT. 13.2.1.4. Prepare preliminary traffic signal design for the PROJECT. 13.2.1.5. Prepare preliminary WCRWD #3 water line relocation design for the PROJECT. The preliminary design will include plan and profile sheets for approximately 2,600 LF of 12" water line relocation, 650 LF of 4" waterline relocation, and 650 LF of 2" waterline relocation, all owned by WCRWD #3. Preliminary Plans will not include technical specifications. AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS C_10 B.2.1.6. The CITY does not have any utilities within the anticipated project limits, and relocations for CITY utilities are not included in this AGREEMENT. B.2.1.7. If warranted, provide preliminary traffic /pedestrian signal design at the 106th Street North and 129f East Avenue intersection. Signals will meet current ODOT standards. B.2.1.8. Prepare NEPA Footprint, checklist, and associated documents for ODOT s use in Environmental Process B.2.1.9. Submit ten (10) copies of the Preliminary Plans (60 %) for CITY and ODOT review. B.2.1.10. Prepare Preliminary (60 %) Opinion of Probable Cost. B.2.1.11. Provide a 60% Plan set to each utility located within the limits of the PROJECT. B.2.1.12. Attend a 60% Review Meeting (Plan-In -Hand Meeting) with CITY and ODOT B.2.2. Prepare Final Right -of -Way Plans (65 %) for the proposed roadway, including the following items and tasks: B.2.2.1. Address City and ODOT comments from the Plan-in -Hand Meeting. B.2.2.2. Prepare Right -of -Way acquisition documents for the necessary parcels on the PROJECT up to twenty-five (25) properties and fifty (50) parcels. Provide Property Reports for all parcels to be acquired, up to twenty-five (25) ownerships. Provide field staking one time for each parcel to be acquired, up to fifty (50) parcels. If additional documents, property reports, or staking is required beyond the amount included here, it will be provided as an AMENDMENT to this AGREEMENT. B.2.3. Prepare exhibits for and assist with up to two (2) Public Meetings. One Public Meeting is anticipated to be a part of the Environmental Investigation to be performed by OTHERS. B.2.4. Utility Coordination B.2.4.1. Provide private utility companies copies of the 65 % Plans. B.2.4.2. Establish anticipated relocation corridors for relocations. B.2.4.3. Hold Utility Relocation Coordination Meetings for each utility company to identify corridors, discuss relocations, and identify any concerns with the PROJECT. AGREEMENT FOR ENGINEERING SERVICES WITH EXHISRS (,`.1 I B.3. FINAL DESIGN PHASE & CONSTRUCTION DOCUMENTS (90 %100 %) B.3.1. Prepare Final Design (90 %) and Construction Documents (PS &E, 100 %) for the proposed roadway, including the following items and tasks: B.3.1.1. Prepare Final roadway design for the PROJECT. B.3.1.2. Review and update proposed culvert sizes for roadway elevations and widths based on Final Design Phase and Construction Documents. B.3.1.3. Prepare final drainage design for the PROJECT. B.3.1.4. Prepare final traffic signal design for the PROJECT. B.3.1.5. Prepare final water line relocation design for the PROJECT for WCRWD #3 water lines. Final design will include plan and profile sheets for approximately 2,600 LF of 12" water line relocation, 650 LF of 4" waterline relocation, and 650 LF of 2" waterline relocation, all owned by WCRWD #3. B.3.1.6. The CITY does not have any utilities within the anticipated project limits, and relocations for CITY utilities are not included in this AGREEMENT. B.3.2. Submit ten (10) copies of the Final Plans (90%) for CITY and ODOT review B.3.3. Prepare Final (90 %) Opinion of Probable Cost B.3.4. Provide a 90% Plan set to each utility located within the limits of the PROJECT. B.3.5. Attend a 90% Review Meeting with CITY and ODOT if necessary. B.3.6. Finalize Construction Documents based on CITY and ODOT comments B.3.7. Update ENGINEEWs Opinion of Probable Cost to reflect final construction documents B.3.8. Submit five (5) copies of the Construction Documents for CITY records. B.3.9. Submit the following PS &E documents to ODOT in ProjectWise for letting: B.3.9.1. Submittal Letter B.3.9.2. Submittal Checklist AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS G14 B.3.9.3. Estimate in both PDF form and .est file B.3.9.4. Geotechnical Report B.3.9.5. Plans in both PDF format and .DGN electronic files B.3.9.6. Notice of Intent to Construct Permit Application B.3.9.7. Special Provision List B.3.9.8.404 Permit (by AMENDEMENT if required, but not anticipated) B.4. COORDINATION AND PERMITS B.4.1. ENGINEER will furnish the application for the Permit to Construct for the proposed improvements to ODOT. B.4.2. A 404 permit is not anticipated for the PROJECT, and will be added by AMENDMENT to this AGREEMENT if needed. B.4.3. A CLOMR and LOMR are not anticipated for this PROJECT. B.4.4. Coordinate with privately owned utilities for said companies to prepare relocation plans if required. Engineer shall establish relocation corridors for private utility companies. Engineer shall provide plans and information as needed to companies to assist in their plan preparation. ENGINEER will review relocation plans for compliance with the PROJECT design. Field verification of relocations is not part of this AGREEMENT. A written letter verifying no impact will be required from utility companies within the PROJECT that do not require relocation. Provide City and ODOT Utility Clearance form for submittal to ODOT verifying Utility "out" date. B.5. BIDDING PHASE SERVICES B.5.1. Attend ODOT Pre -Bid Conference B.5.2. Answer Contractor questions during bidding period B.5.3. Prepare addenda to Contract Documents B.6. CONSTRUCTION PHASE SERVICES B.6.1. It is anticipated that ODOT will administer the construction of the PROJECT. The Engineer shall be responsive and assist ODOT and the CITY if questions arise throughout construction. AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS C -13 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK EAST 106TH STREET NORTH & 129TH EAST AVENUE INTERSECTION IMPROVEMENTS Responsibilities of the City Attachment C RESPONSIBILITIES OF THE CITY. The CITY agrees: C.1 Reports, Records, etc: To furnish, as required by the work, and not at the expense of the ENGINEER: C.1.1 Records, reports, studies, plans, drawings, and other data available in the files of the CITY that may be useful in the work involved under this AGREEMENT C.1.2 Standard construction drawings and standard specifications C.1.3 Complete topographic and boundary survey (in Oklahoma State Plane Coordinates), inclusive of a triangulated 3D surface to be used during the design phase. C.1.4 ENGINEER will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by CITY. C.2 Access: Provide access to public and private property when required in performance of ENGINEER's services. C_3 Staff Assistance: Designate the City Engineer (or another individual designated in writing) to act as its representative in respect to the work to be performed under this AGREEMENT, and such person shall have complete authority to transmit instructions, receive information, interpret and define CITY'S policies and decisions with respect to materials, equipment, elements and systems pertinent to the services covered by this AGREEMENT. C.3.1 Furnish staff assistance in locating, both horizontally and vertically, existing CITY owned utilities and in expediting their relocation as described in Attachment B. Further, CITY will furnish assistance as required in obtaining locations of other utilities, including excavations to determine depth. C.3.2 Furnish legal assistance as required in the preparation of bidding, construction and other supporting documents. C.4 Review: Examine all studies, reports, sketches, estimates, specifications, drawings, proposals and other documents presented by ENGINEER and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS Gtq AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK EAST 106TH STREET NORTH & 129TH EAST AVENUE INTERSECTION IMPROVEMENTS Compensation Attachment D COMPENSATION. The CITY agrees to pay, as compensation for services set forth in Attachment B, the following fees, payable monthly as the work progresses; and within 30 calendar days of receipt of invoice. ENGINEER shall submit monthly invoices based upon actual hours or work, invoiced according the Rate Schedule provided in ATTACHMENT E, completed at the time of billing. Invoices shall be accompanied by such documentation as the CITY may require in substantiation of the amount billed. D.1 Total Compensation For the work under this project the total maximum billing including direct costs and subconsultant services shall be One Hundred Eighty Thousand Dollars ($180,000.00) which amount shall not be exceeded without further written authorization by CITY. D.2 Subconsultants and Other Professional Associates: Services of subcontractors and other professional consultants shall be compensated for at actual cost. Use of sub - consultants must be authorized in advance by CITY. D.3 Other Direct Costs D.3.1 Travel and subsistence shall be compensated for at actual cost. Local travel by personal or firm automobile shall be compensated for at the rate currently allowed by the IRS. D.3.2 Printing expenses shall be compensated for as shown in ATTACHMENT E. D.3.3 Any other direct costs shall be compensated for at actual when authorized in advance by CITY. DA Additional Services: Unless otherwise provided for in any accepted and authorized proposal for additional services, such services shall be compensated for on the same basis as provided for in Attachment D. D.5 Terminated Services: If this AGREEMENT is terminated, ENGINEER shall be paid for services performed to the effective date of termination. D.6 Conditions of Payment D.6.1 Progress payments shall be made in proportion to services rendered and expenses incurred as indicated within this AGREEMENT and shall be due and owing within thirty days of ENGINEER'S submittal of his progress payment invoices. f61 D.6.2 If CITY fails to make payments due ENGINEER within sixty days of the submittal of any progress payment invoice, ENGINEER may, after giving fifteen days written notice to CITY, suspend services under this AGREEMENT. D.6.3 If the PROJECT is delayed, or if ENGINEER'S services for the PROJECT are delayed or suspended for more than ninety days for reasons beyond ENGINEER'S control, ENGINEER may, after giving fifteen days written notice to CITY, request renegotiation of compensation. 16 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK EAST 106TH STREET NORTH & 129TH EAST AVENUE INTERSECTION IMPROVEMENTS Billing Rate Sheet Attachment E 17 ATTACHMENT E CITY OF OWASSO 106TH ST. N. AND 129TH E. AVE. INTERSECTION FEE SUMMARY Title I Services Estimated Fees Traffic Studies $9,450.00 Signalization Design $15,000.00 Drainage Study $16,400.00 Conceptual Design $21,350.00 Preliminary Design (Roadway) $27,450.00 Preliminary Design (Water) $26,850.00 Final Design (Roadway) $24,300.00 Final Design Water $17,450.00 Property Acquisition Documents $19,650.00 Bidding Services $2,100.00 I Services Title If Services Construction Phase Services Subtotal for Title II Service: LA2018 \18037270 -Owasso 106th and 129th Widening\ Contracts \Client\OraftWPPENDIX B. FEE REVISED ATTACHMENT E CITY OF OWASSO 106TH ST. N. AND 129TH E. AVE. INTERSECTION TRAFFIC STUDIES WORK TASK DESCRIPTION E -6 E -5 EA E -3 E -2 E -1 T -1 $264.00 $210.00 $173.00 $148.00 $122.00 $105.00 $77.00 hr hr hr hr hr hr hr 1. Traffic Engineering Traffic Study Travel 8 Site Visit/Field Observations 2 Compile Traffic Data 1 Assess Historical Crash Data 2 4 2 2038 Traffic Volume Projections 1 4 Signal Warrant Analysis 1 4 Operational Analysis 1 8 Geometric Analysis (Based on Synchro) 1 1 Summary Report 1 g 1 4 Coordination 1 CC Review 2 Subtotal - Traffic Engineering 3 5 2 12 22 12 0 Hours 3 5 2 12 22 12 0 Salary Costs $792 $1,050 $346 $1,776 $2,684 $1,260 $0 SUBTOTAL - SALARIES: $7,908.00 DIRECT NON -LABOR EXPENSES Document Printing /Reproduction /Assembly, $47.00 Postage/Freight/Courier $0.00 Office Supplies /Equipment $0.00 Communications $0.00 Survey Supplies $0.00 Aerial Photography $0.00 GPS Equipment $0.00 Computer Modeling /Software Use $0.00 Traffic Counting Equipment $0.00 Locator/Tracer/Thermal Imager Equipment $0.00 Travel Costs $500.00 SUBTOTAL - DIRECTNON- LABOREXPENSE $547.00 SUBTOTAL: $8,455.00 SUBCONSULTANTS FEE: $995.00 TOTAL FEE: $9,450.00 ATTACHMENT E CITY OF OWASSO 106TH ST. N. AND 129TH E. AVE. INTERSECTION SIGNALIZATION DESIGN WORK TASK DESCRIPTION E -6 E -5 E-4 E -3 E -2 E -1 T -1 $264.00 $210.00 $173.00 $148.00 $122.00 $105.00 $77.00 hr hr hr hr hr hr hr 1. Traffic Engineering Signalization Wheelchair Ramp Details 1 1 6 Signalization Plans 1 4 36 10 1 4 Technical Provisions 1 2 16 4 2 Quantities & Opinion of Probable Cost 1 1 12 4 1 QC Review • 8 Subtotal - Traffic Engineering 8 0 4 8 70 18 7 Hours 8 0 4 8 70 18 7 Salary Costs $2,112.00 $0.00 $692.00 $1,184.00 $854000 $189000 $53900 SUBTOTAL -SALARIES: $14,957.00 DIRECT NON -LABOR EXPENSES Document Printing /Reproduction /Assembly $43.00 Postage /Freight/Courier $0.00 Office Supplies /Equipment $0.00 Communications $0.00 Survey Supplies $0.00 Aerial Photography $0.00 GPS Equipment $0.00 Computer Modeling /SoftwareUse $0.00 Traffic Counting Equipment $0.00 Locator /Tracer/Thermal Imager Equipment $0.00 Travel Costs Rn nn SUBTOTAL - DIRECT NON -LABOR EXPENSES: $43.00 SUBTOTAL: $15,000.00 SUBCONSULTANTS FEE: $0.00 TOTAL FEE: $15,000.00 ATTACHMENT E CITY OF OWASSO 106TH ST. N. AND 129TH E. AVE. INTERSECTION DRAINAGE STUDY WORK TASK DESCRIPTION E -6 E -5 E -3 E -2 $264.00 $210.00 5146.00 $122.00 hr hr hr hr 1. Hydrology and Hydraulics for Culverts GPS Equipment $0.00 Computer Modeling /Software Use $0.00 Site Visit $0.00 2 4 Travel Costs Hydrology - Use Rational Method or Stream Slats 2 6 Assume no FEMA or City Models Culvert at 106th St Create Existing Cond Model 14 Create Proposed Cond Model 14 Create Proposed Cond Modal for extra scenario 4 Revise Floodwa - Not Included Prepare Exhibits (Xsec. FP) - Not Incl Prepare Memo - Nat Ind QArQC and Seal 2 4 Culvert at 129th E Ave Create Existing Cond Model 14 Create Proposed Cond Model 14 Create Proposed Cand Model for extra scenario 4 Prepare Exhibits (Xsec, FP) - Not Ind Prepare Memo - Not Incl QA/QC and Seal 3 4 Meetings - Assume 2 with City 4 4 Not Inc[ - CLOMR / LOMR Subtotal -Civil Engineering 5 16 78 0 2. Structural Engineering Subtotal - Structural Engineering 0 0 0 0 3. Mechanical Engineering Subtotal - Mechanical Engineering 0 0 0 0 4. Electrical Engineering Subtotal - Electrical Engineering 0 0 0 0 Hours 16 78 Salary Costs $1,320.00 $3,360.00 $11,544.00 $0.00 SUBTOTAL-SALARIES: $16,224.00 DIRECT NON- LABOR EXPENSES Document Printing /Reproduction /Assembly $76.00 Postage /Freight(Courier Office Supplies /Equipment $0.00 Communications $0.00 Survey Supplies $0.00 Aerial Photography $0.00 GPS Equipment $0.00 Computer Modeling /Software Use $0.00 Tragic Counting Equipment $0.00 Locator /fracen Thermal Imager Equipment $0.00 Travel Costs $100.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $176.00 SUBTOTAL: $16,400.00 SUBCONSULTANTS FEE: $0.00 TOTAL FEE: $16,400.00 ATTACHMENT E CITY OF OWASSO 106TH ST. N. AND 129TH E. AVE. INTERSECTION CONCEPTUAL DESIGN WORK TASK DESCRIPTION E -6 E-4 E -3 E -2 E -1 T -1 X -1 $264.00 $173.00 $148.00 $122.00 $105.00 $77.00 $60.00 hr hr hr hr hr hr hr 1. Civil Engineering Roadway Geometries Horizontal and Vertical) 1 4 Drainage Analysislimprovements 1 8 Review Survey and Surface 1 4 2 Prepare Survey for Plans 4 Conceptual Plans The Sheet 1 1 4 Typical Sections 2 4 8 Geometric Layout Sheets 2 2 4 Drainage Map 1 4 4 Plan and Profile Sheets 2 16 24 Utility Coordination 2 Meetings/Coordination vnth City /ODOT 2 Conceptual Quantities 2 4 1 Opinion of Probable Construction Cost 1 2 2 QC Review 2 4 Subtotal -Civil Engineering 3 0 23 0 49 51 0 2. Structural Engineering Subtotal - Structural Engineering 0 0 0 0 0 0 0 3. Mechanical Engineering Subtotal - Mechanical Engineering 0 0 0 0 0 0 0 4. Electrical Engineering Subtotal - Electrical Engineering 0 0 1 0 1 0 0 0 0 Hours 3 0 23 0 49 51 0 Salary Costs $792.00 $0.00 $3,404.00 $0.00 $5,145.00 $3,927.00 $0.00 SUBTOTAL - SALARIES: $13,268.00 DIRECT NON -LABOR EXPENSES Document Printing /Reproduction /Assembly $182.00 Postage /Freight/Ccurier $0.00 Office Supplies /Equipment $0.00 Communications $0.00 Survey Supplies $0.00 Aerial Photography $0.00 GPS Equipment $0.00 Computer Modeling /Solhvare Use $0.00 Traffic Counting Equipment $0,00 Locator /Tracer/Thermal Imager Equipment $0.00 Travel Costs $0.00 SUBTOTAL - DIRECT NON- LABOR EXPENSES: $182.00 SUBTOTAL: $13,450.00 SUBCONSULTANTS FEE: $7,900.00 Kleinfelder $7,900.00 Survey (by others) $0.00 TOTAL FEE: $21,350.00 ATTACHMENT E CITY OF OWASSO 106TH ST. N. AND 129TH E. AVE. INTERSECTION PRELIMINARY DESIGN WORK TASK DESCRIPTION E -6 EA E -3 E -2 E -1 T -1 X -1 $264.00 $173.00 $148,00 $122.00 $105.00 $77.00 S60.00 hr hr hr hr hr hr hr 1. Civil Engineering $0.00 Horizontal Geometries 1 Vertical Geometries 1 2 Driveway and Entrances 1 4 Cross Sections 1 g 4 Drainage Ana is /Im rovements 2 16 NEPA Footonnt, Checklist and Documentation and Coordination 4 4 2 Preliminary Plans Title Sheet 1 1 Typical Sections 1 2 2 Pay Quantities /Notes and Summary Tables 1 4 4 Geometric Data _ 1 1 Drainage Map 1 4 4 Plan and Profiles 2 16 16 Storm Sewer Profles 2 4 4 SWPPP 1 2 1 Erosion Control Sheets 4 8 Cross Sections 1 16 12 Seauence of Constmction7TraRc Control 1 4 4 Meetings /Coordination with City /ODOT 4 8 12 Utility Coordination/Meetings B Preliminary Quantities B 12 Opinion of Probable Construction Cost 2 8 QC Review 2 2 Public Meeting 2 4 4 2 4 Subtotal - Civil Engineering 2 0 51 1 0 125 79 0 2. Structural Engineering Subtotal - Structural Engineering 0 0 0 0 0 0 0 3. Mechanical Engineering Subtotal - Mechanical Engineering 0 0 0 0 0 0 0 4. Electrical Engineering Subtotal - Electrical Engineering 0 0 0 0 0 0 0 Hours 2 0 51 0 125 79 0 Salary Costs 5528.00 $0.00 $7,548.00 $0.00 $13125.00 $6083.00 $0.00 SUBTOTAL - SALARIES: $27,284.00 DIRECT NON -LABOR EXPENSES Document Printing /Reproduction /Assembly $106.00 Postage /Freighl/Courler $0.00 Office Supplies/Equipment $0.00 Communications $0.00 Survey Supplies $0.00 Aerial Photography $0.00 GPS Equipment $0.00 Computer Modeling /Software Use $0.00 Traffic Counting Equipment $0.00 Locator/Tracer/Thermal Imager Equipment $0.00 Travel Costs $0.00 SUBTOTAL -DIRECT NON -LABOR EXPENSES: $166.00 SUBTOTAL: $27,450.00 SUBCONSULTANTS FEE: $0.00 TOTAL FEE: $27,450.00 ATTACHMENT CITY OF OWASSO 106TH ST. N. AND 129TH E. AVE. INTERSECTION FINAL DESIGN WORK TASK DESCRIPTION E -6 E-4 E -3 E -2 E -1 T -1 X -1 $264.00 $173.00 $148.00 912200 $10500 $77.00 $60.00 hr hr hr hr hr hr hr 1. Civil Engineering $0,00 SUBTOTAL. DIRECT NON- LABOR EXPENSES: $225.00 Odveway and Entrances 1 4 Cross Sections t 8 2 Drainage Analysis /Improvements 2 12 Final Plans T70e Sheet 1 1 Typical Sections 1 2 2 Pay Quan00es /Notes and Summary Tables 1 4 4 Geometric Data i 1 Drainage Map 1 2 2 Plan and Profiles 4 8 12 Storm Sewer Profiles 2 4 4 Intersection DotailslGrading Plans 2 4 4 SWPPP 2 1 Erosion Control Sheets 4 4 Cross Sections 1 e B Slgning and Striping Plans 1 2 4 Joint Layout Plans 1 2 2 Sequence of COAst,uctionrfmBlL Control 2 8 12 Misc. Details 2 B 6 Meelin slCoordination with CiBAODOT 6 Utility CoordinallonlMeetings B 6 Final Quantities 2 4 Opinion of Probable Construction Cost 2 2 QC Review 2 4 2 Prepare COOT PSSE Documents 4 B Subtotal -Clvll Engineering 2 0 46 0 106 69 0 2. Structural Engineering Retaining Wall La ouVElOVaOOns Bridge Structure Details Structural SpeClflcations subtotal - Structural Engineering 0 0 0 0 0 0 0 3. Mechanical Engineering Subtotal - Mechanical Engineering 0 0 0 0 0 0 0 4. Electrical Engineering Subtotal - Electrical Engineering 0 0 0 0 0 0 0 hours 2 9 48 0 106 69 0 Salary Costs $52800 $0.00 $710400 $0.00 $1113000 $531300 $000 SUBTOTAL - SALARIES: $24,075.00 DIRECT NOWLABOR EXPENSES Document Printing/Reproeuction/Assembly $225.00 Postage /Freight/Couder so 00 Office Supplies /Equipment SD 00 Communications $0.00 Survey Supplies $0.00 Aerial Photography $0 00 GPS Equipment $0.00 Computer Modeling /Software Use $0.00 Traffic Counting Equipment $0.00 Localor7Tmcer[rhermal Imager Equipment 9000 Travel Costs $0,00 SUBTOTAL. DIRECT NON- LABOR EXPENSES: $225.00 SUBTOTAL: $24,300.00 SUBCONSULTANTS FEE: $0.00 TOTAL FEE: $24,300.00 ATTACHMENT E CITY OF OWASSO 106TH ST. N. AND 129TH E. AVE. INTERSECTION PRELIMINARY WATERLINE DESIGN WORK TASK DESCRIPTION E -6 E-4 E -3 E -2 E -1 T -1 X -1 $264.00 $173.00 $148.00 5122.00 $105.00 577.00 $60.00 hr hr hr hr hr hr hr 1. Civil Engineering $0.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $59.00 Horizontal Geometrics 1 6 12 Vertical Geometdcs 1 6 12 Identify Valves, Fittings, Bends, Etc. g Preliminary Plans 12" Waterline P&P 12 24 46 4" Waterline P &P 2 6 12 2" Waterline P &P 2 6 12 Misc. Details 6 8 12 Pay Otys and Notes 1 2 5 QA/QC 2 6 6 Preliminary Quantities 2 8 Opinion of Probable Cost 1 2 Review Meeting 2 2 Coordinate with WCRWDU 6 4 Subtotal - Civil Engineering 5 0 61 0 95 84 0 2. Structural Engineering Subtotal - Structural Engineering 0 0 0 0 0 0 0 3. Mechanical Engineering Subtotal - Mechanical Engineering 0 0 0 0 0 0 0 4. Electrical Engineering Subtotal - Electrical Engineering 0 0 0 0 0 0 0 Hours 5 0 61 0 95 64 0 Salary Costs $1,320.00 $0.00 $9,028.00 $0.00 $9,975.00 $6,468.00 $000 SUBTOTAL -SALARIES: $26,791.00 DIRECT NON -LABOR EXPENSES Document Printing /ReproductionlAssembly $59.00 Postage/FreightlCourier $0.00 Office Supplies /Equipment $0.00 Communications $0.00 Survey Supplies $0.00 Aerial Photography $0,00 GPS Equipment $0.00 Computer Modeling /Software Use $0.00 Traffic Counting Equipment $0.00 Locator/Tracer/Thermal Imager Equipment $0.00 Travel Casts $0.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $59.00 SUBTOTAL: $26,850.00 SUBCONSULTANTS FEE: $0,00 TOTAL FEE: $26,850.00 ATTACHMENT E CITY OF OWASSO 106TH ST. N. AND 129TH E. AVE. INTERSECTION FINAL WATERLINE DESIGN WORK TASK DESCRIPTION E -6 E-4 E -3 E -2 E -1 T -1 X -1 $264.00 $173.00 $148.00 $122.00 $105.00 $77.00 $650 hr hr hr hr hr hr hr 1. Civil Engineering $0.00 Horizontal Geomelrics 1 2 4 Vertical Geomelrics 1 2 4 Identify Valves, Fittings, Bends, Etc. 4 Preliminary Plans 12' Waterline P &P 6 16 24 4 "Watedine P &P 3 4 6 2" Watedine P &P 2 4 6 Misc. Details 4 8 12 Pay Qtys and Notes 1 2 4 QA/QC 1 6 6 Preliminary Quantities 2 g Opinion of Probable Cost 1 2 Review Meeting 2 2 Coordinate with WCRWD93 4 2 Subtotal - Civil Engineering 4 0 40 0 64 46 0 2. Structural Engineering Retaining Wall Layout/Elevations Bridge Structural Details Structural Specifications Subtotal - Structural Engineering 0 0 0 0 0 0 0 3. Mechanical Engineering Subtotal - Mechanical Engineering 0 0 0 0 0 0 0 4. Electrical Engineering Subtotal - Electrical Engineering 0 0 0 0 0 0 0 Hours 4 0 40 0 64 48 0 Salary Costs $1,056.00 $0.00 $5,920.00 $0,00 $6,720.00 $3,696.00 $0.00 SUBTOTAL -SALARIES: $17,392.00 DIRECT NON -LABOR EXPENSES Document Printing /Reproduction /Assembly $58.00 Postage/Freight/Courier $0.00 Office Supplies /Equipment $0.00 Communications $0.00 Survey Supplies $0.00 Aerial Photography $0.00 GPS Equipment $0.00 Computer Modeling /Softwere Use $0.00 TrefOc Counting Equipment $0.00 Locator/7racedThermal Imager Equipment $0.00 Travel Coats $0.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $58.00 SUBTOTAL: $17,450.00 SUBCONSULTANTS FEE: $0.00 TOTAL FEE: $17,450.00 ATTACHMENT E CITY OF OWASSO 106TH ST. N. AND 129TH E. AVE. INTERSECTION PROPERTY ACQUISITION DOCUMENTS WORK TASK DESCRIPTION E -6 E-4 E -3 E -2 E -1 T -2 X -1 $264.00 $173.00 $148.00 $122.00 $105.00 $97.00 $60.00 hr hr hr hr hr hr hr 1. Acquisition Documents Traffic Counting Equipment $0.00 Locatodfracer/Thermal Imager Equipment $0.00 Review Right -of -Way Acquisition Documents $0.00 2 4 Coordination with Owner 2 2 Subtotal - Civil Engineering 0 0 4 0 6 0 1 0 Hours 0 0 4 0 6 0 0 Salary Costs $0.00 $0.00 $592.00 $D.00 $630.00 $0.00 $0.00 SUBTOTAL - SALARIES: $1,222.00 DIRECT NON -LABOR EXPENSES Document Printing /Reproduction /Assembly $53.00 SUBCONSULTANTS FEE: Postage /Freight/Courier $0.00 $0.00 Office Supplies /Equipment $0.00 ROW Staking (35 Descriptions) Communications $0.00 $19,650.00 Survey Supplies $0.00 Aerial Photography $0.00 GPS Equipment $0.00 Computer Modeling /SoftwareUse $0.00 Traffic Counting Equipment $0.00 Locatodfracer/Thermal Imager Equipment $0.00 Travel Costs $0.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $53.00 SUBTOTAL: $1,275.00 SUBCONSULTANTS FEE: $18,375.00 Property Reports (by others) $0.00 ROW Docs (35 Descriptions) $10,500.00 ROW Staking (35 Descriptions) $7,875.00 TOTAL FEE: $19,650.00 ATTACHMENT E CITY OF OWASSO 106TH ST. N. AND 129TH E. AVE. INTERSECTION BIDDING SERVICES WORK TASK DESCRIPTION E -6 E-4 E -3 E -2 E -1 T -1 X -1 $264.00 $173.00 $148.00 $122.00 $105.00 $77.00 $60.00 hr hr hr hr hr hr hr 1. Civil Engineering $0.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $40.00 Addendums /Inquiries 2 4 4 ODOT Pre -Bid Meeting in OKC 5 Assist to Evaluate bids and recommend award 2 Subtotal - Civil Engineering 0 0 9 0 4 4 0 2. Structural Engineering Addendums Subtotal - Structural Engineering 0 0 0 0 0 0 0 3. Mechanical Engineering Subtotal - Mechanical Engineering 0 0 0 0 0 0 0 4. Electrical Engineering Subtotal - Electrical Engineering 0 0 0 0 0 0 0 Hours 0 0 9 0 4 4 0 Salary Costs $0.00 $0.00 $1,332.00 $0.00 $420.00 $308.00 SUBTOTAL - SALARIES: $2,060.00 DIRECT NON -LABOR EXPENSES Document Printing /Reproduction /Assembly $40.00 Postage /Freight/Courier $0.00 Office Supplies /Equipment $0.00 Communications $0.00 Survey Supplies $0.00 Aerial Photography $0.00 GPS Equipment $0.00 Computer Modeling /Software Use $0.00 Traffic Counting Equipment $0.00 Locator /Tracer(fhermalImager Equipment $0.00 Travel Costs $0.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $40.00 SUBTOTAL: $2,100.00 SUBCONSULTANTS FEE: $0.00 TOTAL FEE: $2,100.00 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK EAST 106TH STREET NORTH 8, 129TH EAST AVENUE INTERSECTION IMPROVEMENTS Schedule Attachment F F. SCHEDULE. The schedule for general engineering services for the PROJECT is provided as follows: FA. Notice to Proceed: F.2. Substantial Completion: 18 ........o.n� _ jury Notiee to Pro ceed Design Phase 409 30% Plans 8 Concept. Design Report 129 Survey (BY OTHERS) 60, Geotechnicel Investigation and Report 45 Trafltc Counts 14 Traffic Analysis 45 Submit Traffic Memo 1 30% Plan Design & Conceptual Design 45. Report Inactive Milestone Submit 30% Plains & Conceptual Design 1 Report 30% Plan & Conceptual Design Report 21 Review Summary 30% Plan Conceptual Design Report 1 Review Meeting Environmental Process By Others 1501 (Duration Unknown) Progress Rightof -Way Plans 1711 60% Plan Design 601 Submit 60% Preliminary Right -of -Way 1 Plans 60% Plan Review 21 1 60% Plan -in -Hand Review Meeting 1: 19 I 20-7 65% Plans and Right -of -Way Documents Submit Final Rightcf -Way Plans and Documents 90% Plans 90% Plan Design Submit 90% Plans 90% Plan Review 90% Plan Review Meeting Final Plans Final Plans Submit Final Plans & Bid Documents 60 days' 1 day, 93 days) 60 days 1 day 21 days 1 day 30 days 30 days 1 day, 211 22 23 � 9' I 25 26 27 29 ATTACHMENTF - PROJECTSCHEDULE Liam II TT i ea SETS- i !f F I Page 1 Task 7-7 - --- W9 External MlleTask ♦ Manuel Summary Rollup Split ........ I ............. Inactive Task Manual Summary �1 City of Owasso Milestone ♦ Inactive Milestone Start<mly [ 106th and 129th Intersection Summary Inactive Summary 17 ? Finishanly ] Project Summary • • Manual Task Progress External Tasks nmmInn,nlu c..r. .�. Page 1 CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNYYY) TYPE OF INSURANCE 1/13/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Stephens Insurance, LLC 111 Center Street, Suite 100 Little Rock, AR 72201 CONTACT PHONE g00- 643 -9691 ac Na: 501- 377 -2317 E MAIL ADDRESS: INSURERS) AFFORDING COVERAGE NAICp www.stephensinsurance.com e15URERA: Travelers ldemni Co AM Best A+XV 25658 INSURED Garver LLC INSURER B: Charter Oak Fire Insurance Cc (AM Best A + +XV ) 25615 INSURER C: Travelers Prop Cas Co of America (AM Best A + +X 25674 6450 South Lewis Suite 300 Tulsa OK 74136 INSURER D: Continental Casualty Co. AM Best AXV 20443 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 45347277 REVISION NUMBER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY- - MMIODIWYY LIMBS A ,/ COMMERCIALGENERAL LIABILITY CIAIMS -MADE M OCCUR 630 -1 G0529BB 711/2018 7/1/2019 EACHOCCURRENCE $1000000 PREMISES Ea occvnence 5300 000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY E✓ JE C � LOC GENERALAGGREGATE $2,000,000 PRODUCTS. COMPIOP AGO $2 000 000 $ OTHER: B AUTOMOBILE LIABILITY 810- IG052988 7/1/201$ 711/2019 EOsBBINEDISINGLE LIMIT $1,000,000 ✓ BODILY INJURY (Per person) _ S ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY 1 (Per accident S HIRED NON -OWNED AUTOS ONLY ✓ AUTOS ONLY ✓ —PROPERTY -DAMAGE Per accumm S 5 UMBRELLALIAB �/ OCCUR CUP-6,109853A 7/112018 7/1/2019 EACH OCCURRENCE 510000000 AGGREGATE S10,000, 00 EXCESS LIAR CLAIMS -MADE DED I ✓ I RETENTIONS 10000 S A AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOWARTNEWEXECUTIVE OFFICEWMEMBEREXCLUDED? NIA UB- 7K425966 7/112018 7/1/2019 �/ PER ERN E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE S1 (Mandatory In NH) If describe antler E.L. DISEASE - POLICY LIMIT $1000000 DESCRIPTION DESC RIPTION OF OPERATIONS below D Professional Liability- Primary claims made AEH591890411 7/1/2018 7/1/2019 Each Claim Limit $2,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Garver Project # 18037270 - 106th St. N. and 129th E. Ave. Intersection Improvements 30 day notice will be provided to the certificate holder in the event of cancellation for all reasons other than non - payment of premium. City of Owasso 301 W. 2nd Avenue Owasso OK 74055 ACORD 25 (2016103) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE Ted Grace Grace ©1988 -2015 ACORD CORPORATION. All rights rf The ACORD name and logo are registered marks of ACORD 45347277 1 lA - 2018 Standard Pzo£ - $2M /$2M I britcney.aullaneyastephens.c. 1 11/13/2018 7:49:17 AM (CST) I Page 1 of 1 JAN 07 2019 AGREEMENT THIS AGREEMENT, by and between the Board of County Commissioners of Tulsa County, Oklahoma, hereinafter called "County" and the City of Owasso, Oklahoma, hereinafter called "City ". WITNESSETH: WHEREAS, by virtue of 69 O.S., 1987, Section 1903, the Board of County Commissioners Is authorized to enter into Agreements with municipalities to construct, improve, and repair any of the streets of such municipalities, and; WHEREAS, the County is desirous of participating in projects and the provision of services mutually advantageous to the County and other units of government; THEREFORE, in consideration of the covenants and conditions hereinafter contained, the parties hereto agree as follows: 1. The duration of this Agreement shall be from the date of execution of this Agreement until the project is complete. 1 The purpose of this Agreement shall be to provide for engineering design for the improvements of the intersection of 106th Street North and 129th East Avenue. 3. The City and County shall select an Engineering Consultant to provide the design for the project. 4. The City shall contract with and pay the invoices for the services provided by the Engineering Consultant. 5. The County shall reimburse the City one half the actual costs for contracting with the Engineering Consultant. 6. This Agreement shall be effective from and after the date of execution hereof and is intended only for the purpose described in Section 2 above. 7. The rights, duties, and obligations under or arising from this Agreement shall not be assigned by either party hereto without the express written consent of the other. Approved by the Owasso City Council on the 41h day of December, 2018. ATTEST APPRO T FORfvt: BY: � Ju a Lombardi, City Attorney VIA Approved by the Board of County Commissioners of Tulsa County, Oklahoma on the 'Irk dayofanHar_i ,2079 TULSA COUNTY BOARD OF COUNTY COMMISSIONERS ATTEST: �o" County Clerk APPROVED AS TO FORM: �kCAli00 `.``� BY:OC� District Attorney Attorney -2- City of Owasso Public Works Dept. P.O. Box 180 Owasso, OK 74055 Attn: Mr. Roger Stevens Dear Mr. Stevens, County Engineer A Department of the Board of County Commissioners Tulsa County Administration Bldg. 500 South Denver Tulsa, Oklahoma 74103 -3832 (918)596-5730 January 8, 2019 TOM RAINS COUNTY ENGINEER This office is returning an approved copy of the Interlocal Agreement between Tulsa County and The City of Owasso for Engineering Design on the 106th St. No. and 129th E. Ave. intersection project. Tom Rains TR Attachment XC: File sd REAL Pao............. •REAL LommUnlly TO: The Honorable Mayor and City Council FROM: H. Dwayne Henderson. P.E. City Engineer SUBJECT: Resolution 2019 -03, Funding Agreement North Garnett Road from East 96th Street North to East 106th Street North Widening Project DATE: February 1, 2019 BACKGROUND: In 2013, North Garnett Road, from East 96th Street North to East 106th Street North was approved by the Indian Nations Council of Governments (INCOG) to receive Surface Transportation Program (STP) funds to widen the roadway to a five -lane road. The road was also equipped with extended lanes for multi -modal traffic and landscape medians to direct traffic flow conforming to the City of Owasso Complete Streets Policy. Since 2013, the project was designed by Dewberry Engineers, Incorporated and submitted to the Oklahoma Department of Transportation (ODOT) for review. Environmental reviews were completed. The needed right -of -way for the project was obtained using the Federal Highway Administration Guidelines for land acquisition. Once the right -of -way was obtained, AEP /PSO, Cox, Oklahoma Natural Gas and AT &T relocated their utilities. Dewberry submitted the final plans and specifications to ODOT for bid preparations. The final project estimate of $9,171,964 was submitted to ODOT to complete the funding agreement. ODOT PARTICIPATION: The STP funds historically have funded 80% of eligible project costs, while the local government funds 20 %. In 2013, all projects were limited to a maximum of $3,250,000 in federal funds. Therefore, any project that had an 80% federal funding need that exceeded $3,250,000, the local match had to increase to make up the difference. PROPOSED AGREEMENT /RESOLUTION: In January 2019, ODOT sent an agreement to the City of Owasso with a funding breakdown for the project. The breakdown is based on the engineer's construction estimate provided by our consultant. The roadway construction and inspection estimate is $9,171,964. With the federal match capped at $3,250,000, the following table is a detail of the cost distribution: Project Segment Estimate ODOT Portion City of Owasso Roadway Construction $6,676,621 $2,582,948 $4,093,673 Construction Administration $833,815 $667,052 $166,763 Public Utility Relocation 1,661,528 $0 $1,661,528 Total Project Cost $9,171,964 $3,250,000 $5,921,964 The local match estimated to cost $5,921,964 includes a portion of the roadway construction, public utility relocation of City of Owasso water and sewer lines, as well as landscaping. The agreement, provided by ODOT, states that the local funds need to be transferred to ODOT before project letting. PROPOSED RESOLUTION: The attached resolution is for the City of Owasso to accept the agreement and responsibility as the project sponsor. As the project sponsor, the city is ensuring that we have obtained all funding for the local match and will be responsible for the maintenance of the project once completed. These funds were set aside in the FY 2018 -2019 budget. FUNDING: Funding is available in the Capital Improvements Fund. RECOMMENDATION: Staff recommends approval of Resolution 2019 -03, authorizing the Mayor to execute the funding and maintenance agreement for the North Garnett Road from East 96th Street North to East 106th Street North widening project. ATTACHMENTS: Resolution 2019 -03 Site Map ODOT -City of Owasso Agreement ODOT Invoice CITY OF OWASSO, OKLAHOMA RESOLUTION NO. 2019 -03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, AUTHORIZING THE MAYOR TO EXECUTE THE PROJECT (MAINTENANCE AND FUNDING) AGREEMENT BETWEEN THE CITY OF OWASSO AND THE OKLAHOMA DEPARTMENT OF TRANSPORTATION FOR THE NORTH GARNETT ROAD, FROM EAST 96TH STREET NORTH TO EAST 106TH STREET NORTH ROAD 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- 272B(258)IG 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. ADOPTED this 5th day of February, 2019. Chris Kelley, Mayor ATTEST: Juliann M. 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P.O. :r :1 Owasso, OK 1 11 Elm FEDERAL AID r STP- 272B(258)IG ,1013 PI15CE 4 30742(04) PROJECT AGREEMENT BETWEEN THE OKLAHOMA DEPARTMENT OF TRANSPORTATION AND THE CITY OF OWASSO This Project Agreement ( "Agreement ") is made by and between the Oklahoma Department of Transportation, hereinafter referred to as the "Department ", and the City of Owasso, hereinafter referred to as the "Sponsor," which may be referred to collectively as the "Parties," for the following intents and purposes and subject to the following terms and conditions, to Project Type Div. Bounty '7P No Project Work Type 1 Description No. ,' CITY STREET - 08 I TULSA i 30742(04) STP - GRADE, DRAIN, & OWASSO: GARNETT RO -96TH ST N TO 106TH STN 2728 1 SURFACE (258) IG ! WITNESSETH WHEREAS, the Department is charged under the laws of the State of Oklahoma with construction and maintenance of State Highways; and, WHEREAS, the Department is, by terms of agreements with the Federal Highway Administration, responsible for the management and construction of certain federally funded projects within the corporate limits of cities within the State of Oklahoma; and, WHEREAS, the Sponsor has been identified as the beneficiary and sub - recipient of such federally funded project; and, WHEREAS, receipt of the benefits of this project will require that the Sponsor assume certain financial responsibilities; and, WHEREAS, the Sponsor is a municipal corporation created and existing under the constitution and laws of the State of Oklahoma; and, WHEREAS, the laws and constitution of the State of Oklahoma impose financial restrictions on the Sponsor and its ability to ensure financial obligations; and, WHEREAS, the Parties hereto recognize those financial limitations and agree that the financial obligations assumed by the Sponsor, by the terms of this Agreement, are enforceable only to the extent as may be allowed by law or as may be determined by a court of competent jurisdiction; and, WHEREAS, it is understood that, by virtue of the Article 10, Section 26 of the Oklahoma Constitution, the payment of Sponsor funds in the future will be limited to appropriations and available funds in the then current Sponsor fiscal year. FEDERAL. All) STP- 2721B(258)1G JOB PIECE k 30742(04) NOW THEREFORE, subject to the limitations hereinbefore described, the Department and the Sponsor do agree as follows: The Sponsor requested that certain street improvements be approved by the Oklahoma Transportation Commission, as were previously programmed by the Sponsor and described as follows: Project Type .Div. 1 County JP No Project Work Type Description a No. CITY STREET 08 TULSA 30742(04) STP - GRADE, DRAIN, & OWASSO: GARNETT RD -96TH ST N TO 106TH STN 2728 SURFACE (258) IG i 2. The Sponsor shall prepare, or cause to be prepared, plans for construction of this federal -aid project and agrees that all construction shall be in conformance with the furnished plans, which are incorporated with and made part of this Agreement. 3. The Sponsor agrees that the furnished plans at the time of bidding, are at a minimum, in compliance with the current Oklahoma Department of Transportation Standard Specifications for Highway Construction. 4. A. The Sponsor shall be responsible for furnishing all right -of -way for this federal -aid project in compliance with all applicable laws, federal regulations, and guidelines established by the USDOT's FHWA's Office of Real Estate Services, including 42 USC, Chapter 61 (The Uniform Act) and 49 CFR Part 24, (Uniform Relocation Assistance and Real Property Acquisition For Federal and Federally Assisted Programs), as well as applicable State Statutes, Oklahoma Administrative Codes, and Department Policy; free and clear of all obstructions and encroachments; and that the Sponsor shall, at its sole expense, maintain the project after construction. B. The Sponsor shall keep all permanent right -of -way shown on said plans free from any encroachment and take timely action to effect the removal of any encroachments upon notification by the Department, including all necessary legal action when required. C. The Sponsor shall acquire all right -of -way, if any, be responsible for the total costs for removing and relocating outdoor advertising signs and for the relocation assistance payments to persons displaced by reason of the acquisition of right -of -way and be responsible for the removal or relocation of all utility lines on public or private rights -of -way to accommodate the construction of this project, and comply with these additional requirements: Transmit copies of the instruments, including all deeds and easements, to the Department prior to the advertisement of bids for construction. 2 Comply with the provisions of 42 U.S.C.A. § 4601 -4655 and 23 U.S.C.A. § 323 (as amended) and, further comply with 49 C.F.R. Part 24 in the acquisition of all necessary right -of -way and relocation of all displacees. FEDERAL AID P STP- 27_B(258)IG JOBPIECEr 30742(04) 3. Convey title to the State of Oklahoma on all tracts of land acquired in the name of the Sponsor if the project is located on the State Highway System. D. If the acquisition of right -of -way for this project causes the displacement of any person, business or non - profit organization, the Sponsor will provide and be responsible for the Relocation Assistance Program and for all cost associated with the relocation assistance payments. The Department will supply a list of approved service providers qualified to administer the Relocation Assistance Program. The Sponsor agrees to employ a service provider from the approved list and comply with all applicable rules, regulations, statutes, policies and procedures of both the United States and the State of Oklahoma. Before any relocation assistance payments are made, (if applicable), all files with parcels requiring relocation shall be audited by the Department. The Department shall be notified in writing within seven (7) days of the date of the offer to the property owner on any parcel which will require relocation assistance. Written notifications of offers to acquire shall be addressed to Project Manager, Right -of -Way Division, Oklahoma Department of Transportation, 200 N. E. 21 st Street, Oklahoma City, Oklahoma 73105. 5. The Sponsor agrees to the location of the subject project and agrees to adopt the final plans for said project as the official plans of the Sponsor for the streets, boulevards, arterial highways and /or other improvements contained therein; and further, the Sponsor affirmatively states that it has or shall fully and completely examine the plans and shall hereby warrant to the Department, the Sponsor's complete satisfaction with these plans and the fitness of the plans to construct aforesaid project. 6. A. The Sponsor certifies that the project design plans shall comply, and the project when completed will comply, with the requirements of the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101 — 12213), 49 CFR Parts 27, 37 and 38 and 28 CFR parts 35 and 36. The Sponsor shall be exclusively responsible for integrated ADA compliance planning for all Sponsor streets, sidewalks and other facilities provided for public administration, use and accommodation, which is required of recipients and sub - recipients by 49 CFR § 27.11. State highways continued through corporate limits of the Sponsor shall be included in the Sponsor's comprehensive compliance plans. B. The SPONSOR agrees to comply with The Americans with Disabilities Act Non - Discrimination Clause which is incorporated into this agreement as the attached ADA Exhibit. 7, The Parties hereto agree to comply with all applicable laws and regulations meeting Environmental Protection Agency (EPA) requirements for pollution prevention, including discharges from storm water runoff on this project. The Department shall require the contractor who may be awarded the project to meet all Oklahoma Department of Environmental Quality (ODEQ) 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, the Storm Water Management Plan (SWMP) sheet and appropriate U.S. Geological Survey (USGS) topographic map contained in the plans constitute the SWMP for the project described previously in this document. Further, if required, the Department shall require the contractor to file a Notice of Intent (NOI) for storm water discharges associated with FE.D1 RA1, AID I STP- 27213(258)IG JOB PILO: 1' 130742(04) construction activity under the Oklahoma Pollutant Discharges Elimination System (OPDES) General Permit with ODEQ, which authorizes the storm water discharges associated with construction activity from the construction site, and to develop, if required, a Storm Water Pollution Prevention Plan (S W PPP). 8. The Sponsor agrees that prior to the Department's advertising of the project for bids (as to that part of the project lying within the present corporate limits) it will: (a) Grant to the Department and its contractors, the right -of -entry to all existing streets, alleys, and Sponsor owned property when required, and other rights -of -way shown on said plans. (b) Remove at its own expense, or cause the removal of, all encroachments on existing streets as shown on said plans, including all signs, buildings, porches, awnings, porticos, fences, gasoline pumps and islands, and any other such private installations. (c) To prohibit parking on that portion of the project within the corporate limits of the Sponsor, except as may be indicated in the plans or hereafter approved by agreement with the Department. The Sponsor 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 Manual on Uniform Traffic Control Devices (MUTCD). (d) Comply with the Department's standards for construction of driveway entrances from private property to the highway, in accordance with the Department's manual entitled "Policy on Driveway Regulation for Oklahoma Highways ", Rev. 5/96, 69 O.S. (2001) § 1210. (e) Maintain all right of way acquired for the construction of this project, as shown on said plans, in a manner consistent with applicable statutes, codes, ordinances and regulations of the Department and the State of Oklahoma. (t) The Sponsor shall have the authority pursuant to 69 O.S. 2001 § 1001 and 69 O.S. 2001 § 1004 to sell any lands, or interest therein, which were acquired for highway purposes as long as such sale is conducted in accordance with the above cited statutes. Prior written approval by the Chief, Right -of -Way Division for the Department shall be required before any sale is made. 9. The Sponsor further agrees and warrants to the Department that, subsequent to the construction of said project, the Sponsor will: a Erect, maintain and operate traffic control devices, including signals, signs and pavement markings only in accordance with 47 O.S. 2011 §§ 15 -104- 15 -106, and subject to agreement of the Department: 1) In 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 Sponsor to any other point other than that which is approved by the Department prior to such removal. FEDERAL. AID # STP- 272B(258)IG JOB PIECE a 30742(04) 2) In the event there is no mutually agreed location for the reinstallation, the Sponsor 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 Sponsor desires total ownership of the equipment, the Sponsor shall reimburse the Department 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 Sponsor does not desire total ownership of the equipment, the Sponsor shall sell the equipment at public auction to the highest bidder. The Sponsor shall reimburse the Department the original federal funding percentage share of the proceeds of such sale. b. 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 only in accordance with 47 O.S. 2011 §§ 15 -104- 15 -106, and to make no changes in the provisions thereof without the approval of the Department. It shall be the responsibility of the Sponsor to notify the Department of any changes necessary to ensure 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 ensure proper drainage for road surfaces constructed under the terns 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 period 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 Sponsor, 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 constructions. 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. li For any portion of the project encompassed under this agreement that is part of the State Highway System, the Sponsor shall maintain all that part of said project within the corporate limits of the Sponsor between the gutter lines and the right -of -way lines, and if no gutter exists, between the shoulder lines and the right -of -way lines, including FEDERAL AID'# STP- 27213(258)IG 30B PIECE 4 10742(04) stone sewers, all underground facilities, curbs and mowing, all in accordance with 69 O.S. Supp. 1994 §901 and all other applicable law. L On limited access highways where county roads or city streets extend over or under the highway or public roads are constructed on state rights -of -way but there is no immediate ingress and egress from the highway, responsibility shall be as follows: (1) The public roads as defined in OAC 730:35 -1 -2 shall be maintained by the city or county and shall be included in their roadway mileage inventory. (2) Where county roads or city streets extend over the highway, the roadway, approaches and bridge surfaces, including the deck, shall be maintained by the city or county. The approach guardrail, bridge structure, and highest clearance posting on the structure shall be maintained by the Department. (3) Where county roads or city streets extend under the highway, the roadway approaches and advance signing shall be maintained by the city or county. The Department shall maintain the approach guardrail, bridge structure and surface, and the height clearance posting on the structure. 10. The Sponsor further agrees and warrants to the Department concerning any sign and highway facility lighting included as part of this project: a. The Sponsor 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, the Sponsor 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 hereunder 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 Department and the Sponsor. d. The Sponsor agrees to provide, on a periodic schedule, an inspection, cleaning and re- lamping maintenance program to assure the maximum efficiency of the highway lighting facilities. e. In the event that the 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 Sponsor to any point other than which is approved by the Department prior to such removal. 6 FEDERAL AID ## STP- 272B(258)IG JOB PIECE 4" 30742(04) f. In the event there is no mutually agreed location for reinstallation, the Sponsor 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 years old and: 1) In the event the Sponsor desires total ownership of the equipment, the Sponsor shall reimburse the Department the original federal funding percentage share 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 Sponsor does not desire total ownership of the equipment, the Sponsor shall sell the equipment at public auction to the highest bidder. The Sponsor shall reimburse the Department the original federal funding percentage share of the proceeds of such sale. 11. The Sponsor agrees, affirms and warrants to the Department that the Sponsor 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. 12. The Sponsor agrees to comply with Title VI of the Civil Rights Act of 1964, 78 O.S. § 252.42, 42 U.S.C. §§ 200d et seq., and all requirements imposed by or pursuant to 49 CFR, Part 21, "Nondiscrimination in Federally Assisted Programs of the Department of Transportation — Effectuation of Title VI of the Civil Rights Act of 1964." 13. The Sponsor 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. 14. To the extent permitted by the Oklahoma Governmental Tort Claims Act, Title 51 Oklahoma Statutes, Sections 151 et seq. and by Oklahoma Constitution Article 10, section 26 and as otherwise permitted by law, the Sponsor shall indemnify and save harmless the Department, its officers and employees, and shall process and defend at its own expense all claims, demands, or suits whether in law or equity brought against the Sponsor or the Department arising from the Sponsor's execution, performance, or failure to perform, and provisions of this agreement or alleged negligence in the location, design, construction, operation, or maintenance of a portion of the Sponsor Street System within the corporate limits of the Sponsor. Provided, nothing herein shall require the Sponsor to reimburse the Department for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Department. When any alleged act, omission, negligence, or misconduct may be subject to the limitations, exemptions, or defenses which may be raised under the Oklahoma Governmental Tort Claims Act, 51 O.S. § 151 et seq., all such limitations, exemptions, and defenses shall be available to and may be asserted by Sponsor. No liability shall attach to the Department except as expressly provided herein. 7 FEDERAL All) 9 STP- 27213(258)1G JOBPIECE4 10742(04) 15. Based on an estimated total construction cost plus construction inspection cost of Nine - Million- One - Hundred - Seventy- One - Thousand - Nine - Hundred- Sixty- Four - Dollars ($9,171,964), it is agreed the project referenced above will be financed as follows: - Federal INCOG STP Program funds shall be used to finance the federally participating construction costs of Three - Million- Two - Hundred - Fifty- Thousand - Dollars ($3,250,000). Federal participation is CAPPED at Three- Million - Two - Hundred -Fifty- Thousand - Dollars ($3,250,000) - Sponsor funds provided by the Sponsor shall be provided to finance the balance of the eligible participating project construction costs, estimated at Four- b4illion- Ninety- Four - Thousand- Two - Hundred - Eighty- Three - Dollars ($4,094,283). The SPONSOR shall also provide 100% of any federally non - participating costs, estimated at One- Million- Eight - Hundred- Tiventy- Seven - Thousand -Six- Hundred - Eighty- One - Dollars ($1,827,681). Total Sponsor funds are currently estimated at Five- Million -Nine- Hundred - Twenty- One - Thousand -Nine- Hundred - Sixty -Four Dollars ($5,921,964). The estimated Sponsor funds shall be placed on deposit with the DEPARTMENT upon execution of this agreement and receipt of the Department's invoice, prior to advertising the project for bid. 16. a) It is understood by the Sponsor and the Department that the funding participation stipulated herein may be altered due to bid prices, number of phases selected, construction supervision costs and federally non - participating costs incurred during construction. b) The DEPARTMENT, using its own forces or the services of others, will supervise and inspect all work performed by the construction contractor and will provide such engineering, inspection and testing services as may be required to ensure that the construction of the project is accomplished in accordance with the approved PS &E. Actual supervision and inspection costs shall be charged to the project and financed as described in PARAGRAPH 15 of this agreement. c) The Sponsor will be responsible for payment of estimated local funding prior to advertising the project for bid. Upon final acceptance of this project, the amount of federal funds and the amount previously deposited by the Sponsor will be deducted from the total cost and a refund will be made by the Department to the Sponsor or additional funding will be requested from the Sponsor. The Sponsor agrees to make arrangements for payment of any Department invoice within 45 days of receipt. 17. It is understood by the Sponsor that only those DEPARTMENT administered funding sources specified in Paragraph 15 of this agreement shall be made available for the financing of this project. All other costs are the responsibility of the SPONSOR. No STATE funds are allocated to this project. 18. Upon approval of this Agreement and the plans, specifications and estimates by the Sponsor, Department and the 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, 8 I-EDERAL AID # STP 2 i213(258)IG JOB PIM"' # _30742(04) regulations, orders and approvals as may be applicable hereto. 19. The Department agrees to construct said project in strict accordance with the plans furnished and approved by the Sponsor, provided that upon consultation with and agreement by the Sponsor, 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 Sponsor shall have inspectors on the project site as the Sponsor determines necessary to ensure construction of the project to the satisfaction of the Sponsor and shall have representatives available for consultation with the Department representatives to cooperate fully to the end of obtaining work strictly in accordance with the Sponsor's approved plans and specifications. 20. The Sponsor agrees that it will intervene as a party defendant in all actions where a contractor may allege delay due to failure of the Sponsor to accomplish timely utility relocations, site conditions which are not represented on the plans or plan errors which impact on project constructability, whether in the District Court or in an alternative dispute resolution forum, 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 Sponsor for its adjudged failure. 21. Failure by the Sponsor to fulfill its responsibilities under this Agreement will disqualify the Sponsor 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. 22. It is further specifically agreed between the Sponsor and the Department that the project will be built in accordance with the plans and specifications, and upon final acceptance by the Sponsor and the Department of this project, the Sponsor does hereby accept full, complete and total responsibility for maintenance of this project as provided in this Agreement. The Sponsor does not waive any rights against any contractor(s) with respects to defects, hidden or otherwise, in materials or workmanship. The Sponsor 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. 23. The Secretary of the Department may terminate this Agreement 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 caused by the acts or omissions of persons or 9 FEDERAL AID # SIT- 272B(258)IG JOB PIECE # 30742(0A) agencies other than the contractor. d. The Secretary determines that such termination is in the best interest of the State. REMAINDER OF PAGE INTENTIONALLY BLANK 10 FEDERAL AID" STP- 272B(258)IG .1013 PIECE 4 30742(04) IN WITNESS WHEREOF, the Deputy Director of the Department of Transportation, pursuant to authority vested in him by the State Transportation Commission, has hereunto subscribed his name as Deputy Director of the Department of Transportation and the Sponsor has executed same pursuant to authority prescribed by law for the Sponsor. The Sponsor, on this—of 2014, and the Department on the day of _'2019 THE CITY OF OWASSO APPROVED AS TO FORM AND LEGALITY LIZ UZ CITY ATTORNEY Julie Lombardi lu: •t Chris Kelley ATTEST: CITY CLERK (SEAL): Approved - THE CITY OF OWASSO Juliann M. Stevens STATE OF OKLAHOMA DEPARTMENT OF TRANSPORTATION Local Government Division Manager APPROVED AS TO FORM AND LEGALITY Recommended for Approval DATE Director of Capital Programs DATE APPROVED General Counsel DATE Deputy Director DA OKLAHOMA DEPARTMENT OF TRANSPORTATION INVOICE FOR CONSTRUCTION SERVICES Make check PAYABLE, and MAIL TO: Oklahoma Department of Transportation Comptroller Division 200 N.E. 21" Street Oklahoma City, Oklahoma 73105 -3204 To: The City of Owasso Department Invoice No 30742(04) -1 January 15, 2019 Project Type Div. County I JP No Project Work Type i Description No. CITY STREET 8 TULSA 130742(04) iSTP -2728 GRADE, DRAIN, OWASSO: GARNETT RD. - 96TH ST N.TO 106THST N. (258)16 ISURPACE CONSTRUCTION 1P# 30742(04) Description — Explanation of Charge Total Federal Sponsor Due Date: Upon Receipt Total Estimate for Project Construction including assumed 10% Construction Management Cost: $ 9,171,964.00 $ 3,250,000.00 $ 5,921,964.00 Accounting Use Only Invoice Total $ 5,921,964.00 Distribution: City Remit with Payment Division Project File Comptroller Division s� REAL People P. REAL COmmunlly TO: The Honorable Mayor and City Council FROM: Julie Trout Lombardi City Attorney and General Counsel SUBJECT: Resolution 2019 -04, Authorization to Initiate Condemnation Proceedings to Acquire Property for the North Garnett Road Widening Project from East 106'h Street to East 116th Street North DATE: February 1, 2019 BACKGROUND: The City of Owasso is currently in the process of acquiring private property along Garnett Road as public right -of -way (ROW) in accordance with the North Garnett Road Widening Project from East 106th Street North to East 1 16th Street North. Parcel No. 8 is located at 10920 North Garnett Road, and is owned by Robert Dodd and Petra Catharina Dodd, Trustees of the Robert Dodd and Petra Catharina Dodd Revocable Living Trust. An appraisal of this property was performed on or about April 18, 2018, at the City's request. As a result of that appraisal, an Offer Leffer was sent to the landowner requesting acquisition of the necessary ROW, Utility Easement and Temporary Easement for compensation in the amount of $63,631.84. This amount exceeded the appraisal by almost $20,000. The landowner rejected this offer and the City counter - offered in the amount of $89,084.57. The landowner obtained an attorney and rejected the counter -offer. The landowner's attorney informed staff that the City should proceed with condemnation. Based upon the foregoing, it has become apparent that condemnation is the sole mechanism available to the City to obtain the necessary ROW and easements on the Dodd parcel. The ROW in question will be utilized for a public purpose; therefore a condemnation action is both warranted and appropriate. The City obtained an appraisal of the property and offered the landowner a fair price exceeding the property's Fair Market Value. Due to the landowner's refusal to accept this offer or negotiate further, City staff believes that agreement upon a mutually acceptable purchase price cannot be reached through additional negotiation. Therefore, staff submits that a Resolution of Necessity authorizing the filing and prosecution of a condemnation action is appropriate and required to obtain needed ROW and easements from the Dodd property. RECOMMENDATION: Staff recommends approval of Resolution 2019 -04 authorizing the filing and prosecution of a condemnation action to obtain the necessary ROW and easements on the Dodd property described therein. ATTACHMENTS: Proposed Resolution 2019 -04 Appraisal Offer Letters to Property Owner CITY OF OWASS, OKLAHOMA RESOLUTION 2019 -04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA RESOLVING THE NECESSITY OF INSTITUTING AND PROSECUTING CONDEMNATION PROCEDURES TO OBTAIN PROPERTY LOCATED AT 10920 NORTH GARNETT ROAD, OWASSO, OKLAHOMA WHEREAS: The City of Owasso, by and through officers and agents thereof, has endeavored to purchase certain property from Robert Dodd and Petra Catharina Dodd, Trustees of the Robert Dodd and Petra Catharina Dodd Revocable Living Trust, with the following legal descriptions: UTILITY EASEMENT: A strip, piece or parcel of land lying in part of Section 7, Township 21 North, Range 14 East, IM, Tulsa County, Oklahoma. Said Parcel of land being described by metes and bounds as follows: Commencing at the Northeast corner of the Southeast Quarter (SE /4) of Section Seven (7), Township Twenty -one (21) North, Range Fourteen (14) East; thence, S O11 24' 42" E along the east line of said Southeast Quarter (SE /4) of Section Seven (7), Township Twenty -one (21) North, Range Fourteen (14) East a distance of 661.07 feet; thence, S 880 35' 18" W a distance of 50.00 feet to the point of beginning; thence, S 88° 39' 42" W a distance of 10.00; thence, N O10 24' 42" W a distance of 661.15 feet; thence, N 880 44' 08" E a distance of 10.00 feet; thence, S 01° 24' 42" E a distance of 661.13 feet to the point of beginning. Said area containing 6,611.77 square feet (0.15 acres), more or less. TEMPORARY CONSTRUCTION EASEMENT: A strip, piece or parcel of land lying in part of Section 7, Township 21 North, Range 14 East, IM, Tulsa County, Oklahoma. Said Parcel of land being described by metes and bounds as follows: Commencing at the Northeast corner of the Southeast Quarter (SE /4) of Section Seven (7), Township Twenty- one (21) North, Range Fourteen (14) East; thence, S 01* 24' 42" E along the east line of said Southeast Quarter (SE /4) of Section Seven (7), Township Twenty -one (2 1) North, Range Fourteen (14) East a distance of 432.52 feet; thence, S 880 35' 18" W a distance of 60.00 to the point of beginning; thence, S 880 39'42" W a distance of 15.26 feet; thence, N 01' 38' 53" W a distance of 22.41 feet; thence, N 880 21' 07" E a distance of 15.36 feet; thence, S 011 24' 42" E a distance of 22.42 feet to the point of beginning; thence, N 01' 24'42" W a distance of 405.47 feet; thence, S 880 35' 18" W a distance of 5.00 feet; thence, N 011 24' 57" W a distance of 27.24 feet; thence N 880 44' 00" E a distance of 5.00 feet; thence, S 01 ° 24' 42" E a distance of 27.05 feet. Said area containing 479.33 square feet (0.01 acres), more or less. RIGHT -OF -WAY: A strip, piece or parcel of land lying in part of Section 7, Township 21 North, Range 14 East, IM, Tulsa County, Oklahoma. Said Parcel of land being described by metes and bounds as follows: Commencing at the Northeast corner of the Southeast Quarter (SE /4) of Section Seven (7), Township Twenty -one (2 1) North, Range Fourteen (14) East: thence, S 01° 24' 42" E along the east line of said Southeast Quarter (SE /4) of Section Seven (7), Township Twenty -one (21) North, Range Fourteen (14) East a distance of 661.07 feet; Page 1 of 2 Resolution 2019 -04 thence, S 880 35' 18" W a distance of 16.50 to the point of beginning; thence, S 88° 39'42" W a distance of 33.50; thence, N 01024' 42" W a distance of 661.13 feet; thence, N 880 44' 08" E a distance of 33.50 feet; thence, S 010 24' 42" E a distance of 661.09 feet to the point of beginning. Said area containing 22,146.85 square feet (0.51 acres), more or less. WHEREAS: The acquisition of the property referenced above is necessary for public safety and to facilitate the widening of Garnett Road; and WHEREAS: The City of Owasso, by and through officers and agents thereof, has made a bona fide, good faith offer to Robert Dodd and Petra Catharina Dodd, Trustees of the Robert Dodd and Petra Catharina Dodd Revocable Living Trust to purchase the land referenced above;and WHEREAS: Robert Dodd and Petra Catharina Dodd, Trustees of the Robert Dodd and Petra Catharina Dodd Revocable Living Trust have declined such offer of payment by the City of Owasso; and WHEREAS: As provided under the Constitution and Statutes of the State of Oklahoma, it is necessary for the City of Owasso to condemn the property referenced above in the interest of public safety and for the widening of Garnett Road. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: It being necessary for public safety, the officers and agents of the City of Owasso, Oklahoma, are hereby authorized to initiate, and prosecute to the conclusion thereof, condemnation proceedings against Robert Dodd and Petra Catharina Dodd, Trustees of the Robert Dodd and Petra Catharina Dodd Revocable Living Trust, having declined reasonable offer of payment by the City of Owasso. APPROVED AND ADOPTED this 51h day of February, 2019, by the City Council of the City of Owasso, Oklahoma. ATTEST: Juliann M. Stevens, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney Page 2 of 2 Resolution 2019 -04 Chris Kelly, Mayor An Appraisal of Real Property— Appraisal Report Parcels 8.0, 8.1 & 8.2 Proposed Permanent Right -of -Way, Perpetual Utility Easement, & Temporary Construction Easement 10920 North Garnett Road Owasso, Oklahoma 74055 Prepared For: Mike Craddock Terra Acquisition Services 8458 South College Avenue Tulsa, Oklahoma 74137 Prepared By: Roberson + Company Realty Advisors, LLC David C. Roberson, MAI, SRA 1123 West Main Street Jenks, Oklahoma 74037 Date of Valuation: April 18, 2018 Date of Inspection: April 18, 2018 Date of Report: April 19, 2018 i15 ) ._ S, v} Ni r j i p V`; i° Y RP A! T1 AD t i f- .R_J 1 'C April 19, 2018 Mike Craddock Terra Acquisition Services 8458 South College Avenue Tulsa, Oklahoma 74137 RE: An Appraisal Report on Parcels 8.0, 8.1 & 8.2, what are the proposed permanent right -of- way utility easement, & temporary construction easement respectively located at 10920 North Garnett Road, Owasso, Oklahoma. Dear Mr. Craddock: In accordance with your request, an Appraisal Report has been completed on the previously referenced real property. The value conclusion within the attached appraisal report accompanying this letter is based on the estimated "as is" market value of the subject property (underlying land). All area measurements, calculations, and value conclusions are subject to a current ALTA survey. The following report assumes there is clear and marketable title to the subject property. The document is to be relied on only by the client. The subject property has been personally inspected and all necessary investigations and analyses were performed by David C. Roberson, MAI, SRA, and Thomas Roberson. The dates, calculations, and analyses leading to the value conclusion are incorporated in the appraisal report following this letter. The data utilized in this report has been gathered from what are believed to be reliable sources. This report, including all assumptions and limiting conditions, is an integral part of, and inseparable from this letter. The intended use of this report is to assist the client in determining reasonable compensation for the proposed acquisition of a portion of the property located at the aforementioned location. No items of personal property are included in the estimated market value set out by this report. This valuation pertains solely to the surface rights of real property. It is our opinion that the subject property would have incurred an exposure time of less than one year. It is estimated that the subject property will incur a marketing time of less than one year. The estimated marketing time is contingent upon the subject property being listed at or near the estimated market value set out by this report. It is also contingent upon a clear and marketable title. The attached Appraisal Report has been prepared in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP)and the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute; as well as the appraisal guidelines of Terra Acquisition Services. COMPANY t—\¢ i € S'n ; a_ =e =_, a .s.J V4.:?U sSS, L.L. i.... Mr. Craddock April 19, 2018 Page 2 Based on available information, not limited to that set forth in this report, as of April 18, 2018, the compensation as detailed in the following report is allocated as follows: Due to Owner Parcel 8.0 Permanent Right -of -Way Parcel 8.1 Perpetual Utility Easement Parcel 8.2 Temporary Construction Easement Damages to Remainder Total Compensation Respectfully, /oz' David C. Roberson, MAI, SRA Oklahoma Certified Appraiser No. 10344 /cdk $ 34,867 8,106 749 0 $ 43,722 Table of Contents PART I Preface Identification Photographs of the Subject Property ............. .... .... ....... ........................ 2 Certiiication............. ....... _.. ..................................... .. ..................... ...... .........................._...a Assumptions and Standard Limiting Conditions... ....................................................... _5 Summary of Salient Facts and Conclusions ..................................... ..............................7 PART II Premises of the Appraisal Purposeof the Appraisal .............................................................. ............... ................... 10 Intended Use of the Appraisal .......... .......... .................................. ........ ........................ 10 Intended User of the Appraisal ............. ... .................................................. ....... ............ 10 Definition of Market Value .............................................................. ............................... 10 .:As Is" Premise .................................. ......................... ........ ...... ......... ............................. .. 11 Effective Date of the Appraisal ...... ..... ... ........................ .......... ........... ___ .................... 11 PropertyRights Appraised ................. . .... ....... .................... ................... .___ .............. ... l l Scopeof the Appraisal ............................... ................. ............... .................................... 11 ExposureTime .................... ......................................................................................... 12 MarketingTime ...................................... .._._.................................... ..................._........... 12 PART III Presentation of Data Metropolitan Statistical Area Data and Analysis ........................ ............................... 14 Neighborhood Data and Analysis................................................. ............................... 18 Historyof Ownership...._ ................................................................... ............................... 20 Ad Valorem Taxes and Assessment Analysis ......... ........... .......... ............................_.. 21 SiteData and Analysis ....................................................................... .............................22 PART IV Analysis of Data and Value Conclusions Highest and Best Use Analysis., ........ ........................... .................. ........... ............ 37 TheAppraisal Process .... ........ ..... .. .................. ................................... ....... .......... ........... 37 SiteValuation ..................................................................................... ............................... 38 Acquisition Area Data & Analysis ..................................................... .............................52 Total Estimated Compensation ...................................................... ............................... 58 PART V Addendum Letter of Engagement Qualifications of the Appraiser FIRREA Requirements Rol �i Tr r,. Part I - Preface Identification Photographs of the Subject Property Aerial of the subject's general area Aerial of the subject's immediate area Roberson + Company Realty Advisors, LLC Page 2 Subject Site Site Delineation Roberson + Company Realty Advisors, LLC Page 3 Certification The undersigned does hereby certify that, to the best of our knowledge and belief: >> The statements of fact contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are the appraisers' unbiased professional analyses, opinions, and conclusions. >> The appraiser has no present or prospective interest or bias in the property that is the subject of this report, and the appraiser has no personal interest or bias with respect to the parties involved. >> The appraiser's compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or the use of, this report. I have made a personal inspection of the property that is the subject of this report. Employment for preparation of this appraisal was not conditioned upon the appraisal producing a specific value, a minimum value, or the approval of a loan. >> The appraiser certifies that, to the best of his knowledge and belief, the reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics of the Appraisal Institute and the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation. >> The appraiser certifies that the use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. >> Thomas Roberson provided significant professional assistance in the valuation of the subject property. >> As of the date of this report, I, David C. Roberson, have not completed the requirements under the continuing education program of the Appraisal Institute. >> The appraiser's state certification has not been revoked, suspended, canceled, or restricted. >> I have not performed any services, as an appraiser or in any other capacity, regarding the subject property within the three -year period immediately preceding acceptance of this assignment. >> I understand this appraisal is to be used in connection with the acquisition of right -of -way for a highway widening project to be constructed by the City of Owasso, and that the appraisal has been made in conformity with the appropriate state laws, regulation policies, and procedures applicable to appraisal of right -of -way for such purposes, and that to the best of my knowledge, no portion of the value assigned to the property consists of items which are non - compensable under the established law of said state. Based on available information, not limited to that set forth in this report, as of April 18, 2018, the compensation as detailed in the following report is allocated as follows: Due to Owner Parcel 8.0 Permanent Right -of -Way Parcel 8.1 Perpetual Utility Easement Parcel 8.2 Temporary Construction Easement Damages to Remainder Total Compensation Respectfully Submitted, David C. Roberson, MAI, SRA Oklahoma Certified Appraiser No. 10344 $ 34,867 8,106 749 0 $ 43,722 Assumptions and Standard Limiting Conditions Unless modified elsewhere in this report, this appraisal is expressly subject to and contingent upon the following assumptions and limiting conditions: No responsibility is assumed for the legal description provided or for matters pertaining to legal or title considerations. Title to the property is assumed to be good and marketable unless otherwise stated. >> The property is appraised free and clear of any or all liens or encumbrances unless otherwise stated. Responsible ownership and competent property management are assumed. The information furnished by others is believed to be reliable, but no warranty is given for its accuracy. >> All engineering studies are assumed to be correct. The plot plans and illustrative material in this report are included only to help the reader visualize the property. >> It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for such conditions or for obtaining the engineering studies that may be required to discover them. >> It is assumed that the property is in full compliance with all applicable federal, state, and local environmental regulations and laws unless the lack of compliance is stated, described, and considered in the appraisal report. >> It is assumed that the property conforms to all applicable zoning and use regulations and restrictions unless a non - conformity has been identified, described and considered in the appraisal report. >> It is assumed that all required licenses, certificates of occupancy, consents, and other legislative or administrative authority from any local, state, or national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in this report is based. >> It is assumed that the use of the land and improvements is confined within the boundaries or property lines of the property described and that there is no encroachment or trespass unless noted in the report. >> Unless otherwise stated in this report, the existence of hazardous materials, which may or may not be present on the property, was not observed by the appraisers. The appraisers have no knowledge of the existence of such materials on or in the property. The appraisers, however, are not qualified to detect such substances. The presence of substances such as asbestos, urea - formaldehyde foam insulation, and other potentially hazardous materials may affect the value of the property. The values estimated is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for such conditions or for any expertise or engineering knowledge required to discover them. The intended user is urged to retain an expert in this field, if desired. >> Any allocation of the total value estimated in this report between the land and the improvements applies only under the stated program of utilization. The separate values allocated to the land and buildings must not be used in conjunction with any other appraisal and are invalid if so used. >> Possession of this report, or a copy thereof, does not carry with it the right of publication. The appraisers, by reason of this appraisal, are not required to give further consultation or testimony or to be in attendance in court with reference to the property in question unless arrangements have been previously made. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraisers, or the firm with which the appraisers are connected) shall be disseminated to the public through advertising, public relations, news, sales, or other media without the prior consent and approval of the appraiser. >> Any value estimates provided in the report apply to the entire property, and any proration or division of the total into fractional interests will invalidate the value estimate, unless such proration or division of interests has been set forth in the report. >> Any proposed improvements are assumed to have been completed unless otherwise stipulated and any construction is assumed to conform to the building plans referenced in the report. The appraiser assumes that the reader or user of this report has been provided with copies of available building plans and all leases and amendments, if any, that encumber the property. A current survey was not furnished, so the appraiser used third party data to ascertain the physical dimensions and acreage of the property. Should a survey prove this information to be inaccurate, it may be necessary for this appraisal to be adjusted. >> The forecasts, projections, or operating estimates contained herein are based on current market conditions, anticipated short -term supply and demand factors, and a continued stable economy. These forecasts are, therefore, subject to changes with future conditions. The Americans with Disabilities Act (ADA) became effective January 26, 1992. The appraisers have not made a specific compliance survey or analysis of the property to determine whether or not it is in conformity with the various detailed requirements of ADA. It is possible that a compliance survey of the property and a detailed analysis of the requirements of the ADA would reveal that the property is not in compliance with one or more of the requirements of the act. If so, this fact could have a negative impact upon the value of the property. Since the appraisers have no direct evidence relating to this issue, possible noncompliance with the requirements of ADA was not considered in estimating the value of the property. A current ALTA survey and environmental audit of the subject property are conditions of this report. >> This report is not subject to additional review. Responses to questions from anyone other than the borrower, assignee or client concerning this report are subject to client approval and additional fees. These fees are to be determined by the author of this report. The information provided to the appraiser is believed to be true and accurate. If found to be to the contrary, this report is subject to re- analysis by the appraiser. Summary of Salient Facts and Conclusions Property Type: Acquisition Type: Property Address: Legal Description: Assessor Parcel Number: Single - Family Residence Proposed Permanent Right -of -Way, Perpetual Utility Easement, & Temporary Construction Easement 10920 North Garnett Road Owasso, Oklahoma 74055 A detailed legal description of the subject property can be found in the Addendum of this report. 91407 -14 -07 -41430 Purpose /Intended Use: The purpose of the appraisal is to estimate the market value of the property immediately before the property's proposed acquisition and to estimate the market value of the area to be acquired as part of the whole, and inclusive of any damages to the remainder. The intended use of this report is to assist the client in determining reasonable compensation for the proposed acquisition. The intended user of this report is the client, Terra Acquisition Services. Property Right Appraised: Fee Simple Estate Owner of Record: Robert & Petra Dodd, Trustees of the Robert Dodd and Petra Catharina Dodd Revocable Living Trust (subject to verification by abstract) Date of Valuation: April 18, 2018 Date of Inspection: April 18, 2018 Date of Report: April 19, 2018 Primary Site Size: ±10 Acres or ±435,600 SF Flood Zone: Panel # 40143C0130K March 3, 2009 Unshaded Zone X (areas determined to be outside the 0.2% annual chance floodplain) Zoning: AG - Agricultural District Highest and Best Use: "As Vacant" - Eventual medium density development that conforms to zoning. Estimated Market Value: $480,000 - Underlying Land (Entire Property) Estimated Compensation: Due to Owner Parcel 8.0 Permanent Right -of -Way Parcel 8.1 Perpetual Utility Easement Parcel 8.2 Temporary Construction Easement Damages to Remainder Total Compensation $ 34,867 8,106 749 0 $ 43,722 Part 11 - Premises of the Appraisal LIU Purpose of the Appraisal The purpose of this report is to develop an opinion of the "just compensation" for the acquisition of the proposed permanent right -of -way, perpetual utility easement, & temporary construction easement on the subject property. Intended Use of the Appraisal The intended use of this report is to assist the client in determining reasonable compensation for the proposed acquisition. Intended User of the Appraisal The intended user of the appraisal is the client, Terra Acquisition Services. Determination of Just Compensation The constitution of the State of Oklahoma, Article 2, subsection 24, states as follows: Private property - Public Use - Character of Use, a judicial question. "Private property shall not betaken or damaged for public use without just compensation. Just compensation shall mean the value of the property taken, and in addition, any entry to any part of the property not taken. Any special or direct benefits to the part of the property not taken may be offset only against any injury to the property not taken." The State's constitution goes on to say, "...however, in no case shall the owner be required to make any payment should the benefits be judged to exceed the damages." Definition of Market Value The current economic definition of market value can be stated as follows: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently and knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (A) buyer and seller are typically motivated; (B) both parties are well informed or well advised, and acting in what they consider their own best interests; (C) a reasonable time is allowed for exposure in the open market; (D) payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and ;cn C( , _ is.. -L� G (E) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. (Title 12 C.F.R. Part 34, Subpart C a Appraisals, 34.42 Definitions [F]). "As Is" Premise The definition of a property's "as is" status is defined by the Appraisal of Real Estate, 1 Ith Edition, as follows: "The condition observed upon inspection and as it physically and legally exists without hypothetical conditions, assumptions, or qualifications as of the date of appraisal." NOTE The "as is" value associated with the aforementioned property pertains solely to the underlying land, as we do not feel the improvements are significantly impacted by the proposed acquisition. Effective Date of the Appraisal The "as is" effective date of this report is April 18, 2018. Comparable data used in the valuation process of this report was based on the current market conditions as indicated by the effective date. This effective date is important because the factors that influence value are always in the process of change, causing the value to possibly fluctuate. Therefore, an opinion of value is valid only for the point in time designated as the effective date. Property Rights Appraised The appraisal of the subject property considers the title to be held in "Fee Simple." Fee Simple Title is defined in The Dictionary of Real Estate Appraisal (6th Edition) as: Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. This appraisal deals solely with surface rights of the subject. Scope of the Appraisal The scope of the appraisal is the extent of the process of collecting, confirming, and reporting data. This appraisal has been completed in conformity with the appraisal guidelines of the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation and the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. This appraisal assignment was not solicited by the signatory of this report and was not based on a requested minimum valuation, a specific valuation or the approval of a loan. The client furnished r;oh . sin + 1-'0 , information including the street address, legal description, and documents relating to the acquisition areas. All other information included in the appraisal was obtained from third parties. In the analysis section of the report, the appraiser applied the Sales Comparison Approach. For the purposes of this analysis, the subject property is considered to be a vacant tract that is not leased; therefore, the Cost and Income Approaches are not applicable. The data, analysis, and conclusions are directed toward the property type appraised. The analysis of highest and best use is based on consideration of the legal uses permitted within the zoning, considering all potential uses that are applicable within the zoning and which can reasonably be projected as applicable to the property appraised. As vacant, the highest and best use of the subject site is eventual commercial development that conforms to zoning. The appraiser is competent in valuing property such as the subject, based on experience and education. Exposure Time Exposure time is defined by the Uniform Standards of Professional Appraisal Practice as: "The estimated length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal; a retrospective estimate based upon an analysis of past events assuming a competitive and open market." The consensus among most market participants is that, if competitively priced, an investment similar to the subject property would incur an exposure time of less than one year. Therefore, it is our opinion that based on the estimated market value set out by this report, the subject property would have incurred an exposure time of less than one year prior to the effective date of this report. This is supported by an active and improving real estate market, with available third -party financing. Marketing Time Marketing time is defined by the Uniform Standards of Professional Appraisal Practice as: "An opinion of the amount of time it might take to sell a property interest in real estate at the concluded market value level during the period immediately after the effective date of an appraisal. Marketing time differs from exposure time which is presumed to precede the effective date of an appraisal." Based on current trends in the area and discussions with local brokers and market participants, the subject property is believed to have an estimated marketing time of less than one year. Note that this estimated marketing time is contingent upon the subject property being listed at or near the estimated market value set out by this report. It is also contingent upon a clear and marketable title. Part III - Presentation of Data I -Me Metropolitan Statistical Area Data and Analysis The Tulsa Metropolitan Statistical Area (MSA) is located in the northeast section of Oklahoma and is comprised of a seven - county area that includes Tulsa, Osage, Rogers, Wagoner, Okmulgee, Pawnee, and Creek Counties. Tulsa was incorporated into a municipality in 1898 and its initial growth is attributed to large oil discoveries in the immediate and surrounding areas. Geographic The Tulsa MSA is geographically located in the Arkansas Valley with only limited hindrances to development in the form of excessive slope and subsurface limestone in some areas that may increase development costs. The area has four distinct seasons and climate does not significantly impact development costs. The arterial streets within the City of Tulsa are laid out on a grid -like pattern on section lines with one major interstate (1-44) extending through the area linking Tulsa to Oklahoma City (104 miles southwest) and St. Louis (402 miles northeast). There are north /south federal highways (Highways 169 & 75) providing access to the Dallas /Ft. Worth and Kansas City areas; however, they are not interstates. d.la le �s t� Population. In the identified area, the current year population is 1,010,290. In 2010, the Census count in the area was 937,478. The rate of change since 2010 was 1.04% annually. The five -year projection for the population in the area is 1,063,326 representing a change of 1.03% annually from 2017 to 2022. Currently, the population is 49.1% male and 50.9% female. Roberson + Company Realty Advisors, LLC Page 14 Housing Currently, 58.3% of the 435,267 housing units in the area are owner occupied; 31.7 %, renter occupied; and 10.1% are vacant. Currently, in the U.S., 55.6% of the housing units in the area are owner occupied; 33.1 % are renter occupied; and 11.3% are vacant. In 2010, there were 409,820 housing units in the area - 59.8% owner occupied, 29.7% renter occupied, and 10.4% vacant. The annual rate of change in housing units since 2010 is 2.71 %. Median home value in the area is $149,162, compared to a median home value of $207,344 for the U.S. In five years, median value is projected to change by 3.62% annually to $178,183. As of December 31, 2017, there were 2,890 developer -held lots in platted addition in Tulsa County. The actual inventory is higher, as this figure excludes builder -held lots. According to the Realtors Association of Tulsa, the average year -to -date house sales, as of December, 2017, was $188,746, indicating a 6.2% increase over the corresponding figure for 2016. The median year -to -date home price recorded as of December, 2017 was $156,200, indicating a 4.7% increase over the past year. Employment The Tulsa metro area's non - seasonally adjusted unemployment rate as of December, 2017 was 4.0% based on data from the U.S. Bureau of Labor Statistics. This is a decrease from the July, 2017 rate of 4.7 %. Tulsa's unemployment rate was slightly lower than both the national average of 4.1% and the 4.1 % rate for the State of Oklahoma. The gross product (or value of all goods and services) produced in the seven - county MSA is estimated to be $42.6 billion or 30.4% of Oklahoma's economy. The MSA has 36 companies with more than 1,000 employees, 46 companies with 500 to 999 employees, and 75 companies with 250 to 499 employees. Tables reflecting various employment sectors are identified on the following page: 2s (Metropolitan Statistical Area) Population - 2000 (Census) Population - 2010 (Census) Population - 2017 (Census) Population - 2022 (Estimate) Average d (2000 -2010) Average 0 (2010 -2017) Average A (2017 -2022) 2017 Median Age Median Household Income (2017) Average Household Income (2017) Per Capita Income (2017) Average Annual A (2017 -2022) Income Mix - $15,000.$24,999 (2017) Income Mix - $25,000- $34,999 (2017) Income Mix - $35,000- $49,999 (2017) Income Mix - $50,000- $74,999 (20171 Income Mix - $75,000 - $99,999 (2017) Income Mix - $100,000.$149,999 (2017) Income Mix - $150,000.$199,000 (2017) Income Mix - $200,000+ (2017) Total Labor Force (MSA) (Dec 2017) Unemployment Rate (MSA) (Dec 2017) Unemployment Rate (State) (Dec 2017) Unemployment Rate (National) (Dec 2017) Households (2017) Average Household Size (2017) Median Home Sales Price (Jan 2018) (YTD) Average Sales Price (Jan 2018) (YTD) New Residential Building Permits (2003) New Residential Building Permits (2004) New Residential Building Permits (20051 New Residential Building Permits (2006) New Residential Building Permits (2007) New Residential Building Permits (2008) New Residential Building Permits (2009) New Residential Building Permits (2010) New Residential Building Permits (2011) New Residential Building Permits (2012) New Residential Building Permits (2013) New Residential Building Permits (2014) New Residential Building Permits (2015) New Residential Building Permits (20161 New Residential Building Permits (2017) Table I - MSA 859,532 937,478 1,010,290 $1,063,326 0.87% 1.04% 1.03% 37.7 $52.302 $72,957 $28,638 1.82% 11.1% 10.0% 14.5% 18.7% 12.2% 12.6% 4.5% 4.5% 482,300 4.00% 4.10% 4.10% 391,521 2.54 $107,450 $176,376 3,962 4,269 4,925 4,632 4.288 2,702 2,445 2,138 1,761 2,314 2,727 2,731 2,669 2,676 2,795 and Income NOTE: Data are counts ofjobs by place of work. Estimates are based on 2015 figures, seasonally adjusted numbers Table 2 - MSA Analysis Tulsa's major industries are aerospace, including aerospace manufacturing and aviation; health care; energy; machinery and electrical equipment manufacturing and transportation; and distribution/ logistics. Several clusters, or groups of companies within industries that buy or sell to each other in the manufacture of goods for export from the area, have disproportionately large concentrations of employment in the MSA compared to the typical U.S. concentration. Aerospace parts manufacturing is 206% more concentrated in the Tulsa MSA than in the U.S.; oil and gas production and machinery manufacturing is 10.8 times more contracted; and pump and compressor manufacturing is 18.6 times the U.S. concentration, but its heat- exchanger manufacturing sub - cluster is 49.4 times more concentrated than at the U.S. level. General qualities that attract new companies are a sound infrastructure, a cost of doing business that is 15% below the U.S. average and a cost of living that is 12% below the U.S. average. Tulsa's infrastructure for business includes the Port of Catoosa, an inland port that makes bulk shipping to and from coastal ports accessible and economical, and two central networks for broadband interconnect. Tulsa's economy slowed due to the recession from 2008 to 2011, along with the U.S. economy, and lost 27,000 jobs in 2009 and 2010. Consistently high oil prices and firming natural gas prices allowed the Tulsa economy to come out of recession with the rest of the country. However, the prolonged downturn in the oil and gas industry has negatively impacted many local companies and the result has been a moderate number of layoffs. Because the Tulsa economy never Tulsa MSA %of Total Enployment Average Weekly Earnings Civilian Labor Force Tulsa OK U.S. Tulsa OK U.S. construction 4.8 4.2 4.4 $ 878 N/A $1,049 Manufacturing 10.7 7.4 8.7 $ 921 N/A $1,017 Trade. Transportation, Utilities 18.2 16.6 19 $ 831 N/A $ 743 information 1.6 1.2 2 N/A N/A $1,251 Financial Activities 4.8 4.4 5.7 N/A N/A $1.159 Prof. And Business Sery ices 12.4 10.4 13.8 $1,883 $584 $1,070 Educ. And Health Services 14.8 12.6 15.4 $ 658 N/A $ 815 Leisure and Hosp. Services 8.6 8.4 10.6 $ 638 N/A $ 391 Other Services 16 3.2 4 N/A N/A $ 706 Government 12.6 19 15.6 N/A N/A N/A NOTE: Data are counts ofjobs by place of work. Estimates are based on 2015 figures, seasonally adjusted numbers Table 2 - MSA Analysis Tulsa's major industries are aerospace, including aerospace manufacturing and aviation; health care; energy; machinery and electrical equipment manufacturing and transportation; and distribution/ logistics. Several clusters, or groups of companies within industries that buy or sell to each other in the manufacture of goods for export from the area, have disproportionately large concentrations of employment in the MSA compared to the typical U.S. concentration. Aerospace parts manufacturing is 206% more concentrated in the Tulsa MSA than in the U.S.; oil and gas production and machinery manufacturing is 10.8 times more contracted; and pump and compressor manufacturing is 18.6 times the U.S. concentration, but its heat- exchanger manufacturing sub - cluster is 49.4 times more concentrated than at the U.S. level. General qualities that attract new companies are a sound infrastructure, a cost of doing business that is 15% below the U.S. average and a cost of living that is 12% below the U.S. average. Tulsa's infrastructure for business includes the Port of Catoosa, an inland port that makes bulk shipping to and from coastal ports accessible and economical, and two central networks for broadband interconnect. Tulsa's economy slowed due to the recession from 2008 to 2011, along with the U.S. economy, and lost 27,000 jobs in 2009 and 2010. Consistently high oil prices and firming natural gas prices allowed the Tulsa economy to come out of recession with the rest of the country. However, the prolonged downturn in the oil and gas industry has negatively impacted many local companies and the result has been a moderate number of layoffs. Because the Tulsa economy never Tulsa MSA (1 ) Number of persons not seasonally adjusted. (2) Number of jobs not seasonally adjusted. Table 3- Dec 2017 Labor Force Data f 11 Civilian Labor Force 482.3 Employed 462.8 Unemployed 19.5 Unemployment Rate 4.0% Non -Farm Emolovment (2) Total Non -Farm 454.2 12-month % change 2.07 Mining and Logging 5.5 12-month % change -t.8% Construction 24.2 12-month % change 10.0% Manufacturing 47.7 12-month % change 5.5% Trade, Transportation, and Utilities 91.7 12-month % change I.1% Information 7.6 12-month % change 2.7% Financial Activities 23.4 12-month % change 0.0% Professional and Business Services 59.1 12-month % change 3.7% Education and Health Services 73.0 12-month % change 2.7% Leisure and Hospitality 42.8 12-month % change -3.2% Other Sery ices 18.0 12-month % change 1.1% Government 61.2 12-month % change 0.8% (1 ) Number of persons not seasonally adjusted. (2) Number of jobs not seasonally adjusted. Table 3- contracted as much as the U.S. economy as a whole, Tulsa continues to be positioned to grow faster than the U.S. in both, employment and the production of goods and services. With its cost of doing business at 15% under the U.S. average due to low rent, energy costs and taxes, Tulsa should continue to be a prime location for industry prospects looking to relocate or expand at a steady pace. Summary Capital continues to be available for sound investors and mortgage interest rates for both residential and commercial projects remain at or near a 30 -to -40 -year low. Sale volumes for both residential and commercial real estate have slowly increased after the downturn caused by the recession. Prices seem to have stabilized, and in some instances, are increasing. For the most part, recent surveys of the office, industrial, retail and multi - family markets indicate positive trends. The Tulsa area employment outlook is good and unemployment has decreased from levels experienced in previous years. Tulsa remains a very affordable city in which to reside and conduct business. According to Aaron D. Smith with Moody's, "Longer term, Tulsa will grow its healthcare and professional, scientific, and technical services core to become an above average income growth." Real Estate Office Market -Mid -Year 2016 $10.86 1 CBD Rental Rate /SF $14.31 T CBD Vacancy 12.107. 1 Suburban Rental Rate _ Suburban Vacancy 290,140 1 Ave. Aggregate Rental Rate $14.05 1 Ave. Aggregate Vacancy Rate 13.10% 1 Net Absorption (Prior 6 mos.) 148,760 T Retail Market -Mid -Year 2016 Average Rental Rate /SF $10.86 1 Average Vacancy 5.007. Class A Vacancy 2.80% 1 Net Absorption /SF (Prior 6 mos.) 739,799 T Under Construction 290,140 1 Industrial Market -Mid -Year 2017 Overall Average Rent /SF $5.42 1 Overall AV erage Vacancy 4.10% 1 Net Absorption /SF (Prior 6 mos.) 1,054,000 T Under Construction /SF 599,196 1 Multifamily Market - Year -End 2015 Tulsa Vacancy Rate 8.0 %T Average Rent (1 BR -1 BTH) $555 T Average Rent (2 BR -2 BTH) $721 - Table 4 - MSA Analysis performer in terms of employment and Neighborhood Data and Analysis A neighborhood "is a group of complementary land uses," as defined in the Appraisal of Real Estate, 1 Ith Edition. When determining a neighborhood, consideration must be given to location, land use patterns, existing development, proposed development, demographics, available utilities, and linkages in respect to the property appraised. In this analysis, a discussion of the neighborhood and district boundaries; the type of properties located within the neighborhood (land use patterns), areas of growth; demographic trends; public infrastructure; and the overall outlook for the subject's neighborhood are provided. Neighborhood Boundaries Based on our analysis of the .neighborhood, we believe a reasonable neighborhood for the subject is the City of Owasso. �. us 169' -Avloo Country Oh ]n on 20 �,, � OZ 10 _ - r \ •_ -1 Us]5) r r i 1 US 75 II!' Q OAG OK 20 US )5 i IUS JS ` : G. a G P ry was9U /�' r1_ •' I' uses OK ?66 d yr !>- - I' (MOhowk' _ ox 21,5 Park Us i69 r UK us 169 I I'j1t`l 1+ p I.J. 3 0911 ' IlulSOlnjembtldnpl r+ n _ - Roberson + Company Realty Advisors, LLC Page 18 Population In the identified area, the current year population is 34,530. In 2010, the Census count in the area was 29,678. The rate of change since 2010 was 2.11 % annually. The five -year projection for the population in the area is 37,603 representing a change of 1.72% annually from 2017 to 2022. Currently, the population is 48.47. male and 51.5% female. Households The household count in this area has changed from 10,931 in 2010 to 12,600 in the current year, a change of 1.98% annually. The five -year projection of households is 13,668, a change of 1.64% annually from the current year total. Average household size is currently 2.72, compared to 2.69 in the year 2010. The number of families in the current year is 9,301 in the specified area. Households by Income Current median household income is $70,661 in the area, compared to $56,124 for all U.S. households. Median household income is projected to be $77,489 in five years, compared to $62,316 for all U.S. households. Current average household income is $85,393 in this area, compared to $80,675 for all U.S. households. Average household income is projected to be $95,152 in five years, compared to $91,585 for all U.S. households. Current per capita income is $31,284 in the area, compared to the U.S. per capita income of $30,820. The per capita income is projected to be $34,694 in five years, compared to $34,828 for all U.S. households. Housing Currently, 67.4% of the 13,153 housing units in the area are owner occupied; 28.4 %, renter occupied; and 4.2% are vacant. Currently, in the U.S., 55.6% of the housing units in the area are owner occupied; 33.1% are renter occupied; and 11.3% are vacant. In 2010, there were 11,594 housing units in the area - 66.6% owner occupied, 27.7% renter occupied, and 5.7% vacant. The annual rate of change in housing units since 2010 is 5.77 %. Median home value in the area is $183,044, compared to a median home value of $207,344 for the U.S. In five years, median value is projected to change by 2.93% annually to $211,485. History of Ownership Fee simple title to the subject property appears to be held by Robert & Petra Dodd, Trustees of the Robert Dodd and Petra Catharina Dodd Revocable Living Trust, which acquired title, via a Quit Claim Deed, from Robert & Petra Catharina Dodd, on September 9, 2005, in what appears to be a related party transaction (Document # 2005109523). According to the county clerk, there have been no other sales or transfers of title on the subject property for the three years prior to the effective date of this appraisal. Tulsa County Clerk — EARLENE WILSON 2005109523 P 2 �ipt # 818820 09/15/05 10:42:48 ISMEEM11191050MIM119 POe 15.00 rOMISM0810 Return to: Robert Dodd 10920 N. 113th E. Ave. 1 X Owasso, OK 74055 QUITCLAIM DEED Know all men by these presents: That Robert Dodd and Petra Catharina Dodd, husband and wife, parties of the first part, in consideration of the sum of SI0.00, in hand paid, the receipt of which is hereby acknowledged, do hereby quitclaim, grant, bargain, sell and convey unto Robert Dodd and Petra Catharina Dodd, Trustees of the Robert Dodd and Petra Catharina Dodd Revocable Living Trust, the following described real property and premises situated in Tulsa County, State of Oklahoma, to wit: Northeast Quarter of the Northeast Quarter of the Southeast Quarter (NE/4 NE /4 SE/4 of Section Seven (7), Township Twenty -one (21) North Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, Oklahoma according to the United States Government Survey thereof. To the appraiser's knowledge, the subject property is not currently listed for sale, and there are no pending contracts of sale. Ad Valorem Taxes and Assessment Analysis Ad valorem tax is a property tax based on the county assessor's estimation of the property's "fair cash value" (the price for which it would sell when both buyer and seller want the best price and neither one is under pressure to buy or sell). The "fair cash value" may, or may not, be equal to the property's "taxable value ", which accounts for substantial increases in market value. The "taxable value" is then refined by the county's assessment ratio, and its tax (millage) rate. The net computation indicates the property's ad valorem tax total for the calendar year. The county assessor identifies the subject property as Parcel No. 91407- 14 -07- 41430. For 2017 tax purposes, the county assessor valued the subject property with a fair market /total taxable value of $99,954 (last notice of value change occurred on January 13, 2009). The county assessment ratio is i 1 %, and the 2017 tax rate for the subject's school district was $108.82 per $1,000 of assessed value. According to the county treasurer's office, the property's 2017 taxes, which totaled $1,088, have been paid (the property secured a $1,000 homestead exemption to lower the net assessed taxable value). Future Ad Valorem Taxes For 2018 tax purposes, the Tulsa County Assessor currently values the subject property with a fair market /total taxable value of $99,954. Tax rates for each school district are established annually and are usually set in November. Therefore, the 2017 taxes have yet to be officially determined. One -half of the 2018 taxes are due by December 31, 2018, with the remainder due by March 31, 2019. Interest charges are added to delinquent tax bills. Site Data & Analysis Exhibits can be found on the following pages to assist the reader in visualizing the subject site, while characteristics of the site are summarized as follows: Location The subject site is located on the west side of North Garnett Road, approximately 1(3 of a mile north of East 106th Street North. The physical address of the property is 10920 North Garnett Road, Owasso, Oklahoma 74055 (the site is located outside of the Owasso City Limits; however, it is located within the Owasso fence line). This location is approximately three and a half miles north of downtown Owasso. The site is located on the north side of the city, within the Owasso Public School District. The primary land uses in the subject's general area are office and single - family residential. Legal Description A detailed legal description of the subject site can be found in the Addendum of this report. Parcel Number 91407 -14 -07 -41430 Site Size Acres Square Feet Dimensions Tract Shape Primary Site Size 10.00 435,600 ±660'x ±660' Square Acquisition Area Right -of -Way 0.51 22,147 ±661.1 1' x ±33.50' Rectangular Utility Easement 0.15 6,612 ±661.14'x ±10' Rectangular Temp Const Easement 0.00 136 ±27.145'x ±5' Rectangular Temp Const Easement 0.01 344 ±22.415'x ±15.31' Rectangular Total Acquisition Area 0.67 29,238 Various Rectangular Net Site Size 9.33 406,362 Various Rectangular Verification The primary site size is based on our calculation according to the legal description that is identified on the last deed that is filed of record with the county courthouse. The site size is subject to verification by an ALTA survey. The sizes of the acquisition areas are based on the legal descriptions, with corresponding size totals, that were prepared by McClelland Consulting Engineers, Inc., on November 1, 2016. Physical Description Tract Location Interior location with primary frontage along an arterial road Topography Generally, level. Google Earth elevation points (estimated): northeast corner - 689'; northwest corner - 690'; southeast corner - 684'; southwest corner - 683' .,o 0 is . - .. i , 1 , P, ,i,cr ,_� Faq Drainage Generally, from north to south. The site appears to drain adequately. Functional Utility The tract shape, topography, and drainage do not result in any particular hindrances to development. Neighborhood Life Growth. The subject's immediate area is currently experiencing gains in public favor, acceptance, and market demand. Primary Frontage Street North Garnett Road. The street does not have off -site features such as curbs, gutters, sidewalks, streetlights, etc. (typical for the area). There are barrow ditches that parallel North Garnet Road. Frontage - LF (approx.) ±660' of frontage on the west side of North Garnett Road Paving Asphalt Lanes Two Median Blocked No Direction of Traffic North / South Street Type Arterial Property Access Points One Traffic Level - Daily Moderate Traffic Control Stop lights at the closest major intersections Expansion The widening of Garnett Rd. from 96th St. N. to 116th St. N. will take place in two separate stages over the next two years - the first mile, from 96th St. N. to 106th St. N., and the second mile, from 106th St. N. to 116th St. N. The widening work, in development over the last four years, is one of a dozen major street renovation projects underway or in the planning stages in and around Owasso. The City is carrying out the Garnett project to improve overall traffic flow and increase safety in congested areas, particularly in light of recent statistics that show a need for widening projects on roads where at least 8,000 vehicles drive on a daily basis. Right -of -way and easement obtainment for the first mile of Garnett began in Oct. 2015. Officials had targeted a completion date of Dec. 2018. Flood Zone Panel Number Date 40143C0130K March 3, 2009 Zone Unshaded Zone X (areas determined to be outside the 0.2% annual chance floodplain) Description The subject site is not located within a FEMA identified flood hazard area. Utilities Provider Availability Water City Yes Sewer None Yes Gas ONG Yes Electric PSO Yes Overall Water, gas, and electric utilities are currently extended onto the subject site and they are in sufficient capacity to support most light - to- moderate uses; however, the site is not currently served by city sewer. According to Jeff Boine (City of Owasso Public Works Department Engineering Designer), the closest sanitary sewer lines are located on the adjacent parcel to the northwest (11212 East 112th Street North), and in the single - family residential subdivision (Maple Glen) to the east of the subject site (unclear if these lines could be tapped - requires additional engineering that is outside the scope of this report). The subject is located within the Ranch Creek Sewer Service Assessment Area, which has a development fee (payback) of $610.33 /acre, as well as the Meadowcrest Sewer Relief Area, which has a development fee (payback) of $867.00 /acre. According to one of the current property owners, Robert Dodd, the subject has an aerobic septic system that is located to the south of the residential house, outside of any of the proposed acquisition areas. Although the site has access to all water, gas, and electric utilities, it is assumed they would have to be upgraded, at an additional cost, if the site where to be developed with a moderate -to -high density use. Zoning Jurisdiction Tulsa County District AG - Agricultural District Description The AG district is primarily intended to accommodate agricultural, mining, or mineral processing uses in rural areas. The district also allows very low- density residential and other uses and serves as a holding zone pending an orderly transition to more urban development that can be efficiently served by public facilities and services. Conforming Use* The present improvements appear to be legally conforming. Chances of a The City of Owasso Land Use Master Plan identifies the future zoning Zoning Change? for the subject site as transitional (attached housing, duplexes, offices). Allowed uses within the transitional district are: Residential Duplex (RD); Residential Townhome (RTH); Residential Multi- family (RM); and Office Light (OL). AM 17-T, Easements/ We were not provided with an ALTA survey, and are unaware of any Encroachments" easements or encroachments that negatively impact the property. Environmental We were not provided with an environmental audit, or a soil survey, and are unaware of any subsurface rock formations, or environmental issues, impacting the property. Ground Stability No problems were reported or observed. Subject to an engineer's report. Assumptions This appraisal is based on the assumption there are no easements, encroachments, or environmental issues that negatively impact the property. Surrounding Land Uses North Advanced Plastics, Inc., Lifepoint Baptist Church, Vacant Undeveloped Land, Multi- tenant Office /Commercial Property (CBD American Shaman, Crafts & Collectibles, etc.), Maid In Owasso, Cape Vape Cafe, Vacant Undeveloped Land, Vines Center (Daylight Donuts, Barber Pole, AJ Tag Agency, Simple Simons Pizza), Vines Storage, etc. South Single- family Residential Subdivision (MeadowCrest), etc. East Single- family Residential Subdivision (Maple Glen), Peace Pipe Indian Smoke Shop, Kids Club House, The Mission - First Baptist Owasso (currently being developed), & Academy, German Acres Center (Vaping Kicks Ash, Tanning & Massage, Ladies Fine Consignment, etc.) West Single- family Residential Subdivision (MeadowCrest), etc. Summary Overall, the physical characteristics of the site result in functional utility suitable for a variety of uses, including those permitted by zoning. The subject's immediate area is currently experiencing gains in public favor, acceptance, and market demand. The site is positively impacted by its location along a stretch of North Garnett Road that is scheduled to undergo expansion, as well as its future zoning designation. 'A qualified land use attorney should be engaged if a determination of compliance with zoning is required Aerial of the subject's general area Aerial of the subject's immediate area Roberson + Company Realty Advisors, LLC Subject Site Site Delineation Roberson + Company Realty Advisors, LLC Page 27 Looking north on North Garnett Road _ � c_i.i?I1i Sad w Owasso Public Schools Looking south on North Garnett Road Roberson + Company Realty Advisors, I-I-C Page 28 Roberson + Company Realty Advisors, LLC Page 29 EXHIBIT "A" OWNER. ,rsx 14 E RPR1H ROBERT AND PERU CATHARINA DODD (TRUSTEES) yi MAILING ADDRESS, r 10920 N GARNETT RD ) 7 OWASSO. OK 74055 -4215 P STATEMENT OF BEARINGS ALL BEARINGS ON THIS PUT OF SURVEY usr �oerH srAELT RaRrn ARE BASED UPON THE OKW OM STATE LOCATION MAP PLANE COORDINATE SYSTEM, )m.R rllfAST CORNER aF rxf 501/MfIS -N Eli; pAppfllrYLINF N88' 44' 08 "E 33.50' T MIY 0 0 RY SI (OJNry ASSESSOR TRAfT ISnO)- If- O) -5})q Z S1' 24' 42 'E 661.09' S 0_ o 2 N1' 24, 42 "W i 661.13' PROPOSED RIGHT OF WAY 8 S88• 39' 42'W 33.50' ppppERTY U.IZ — Pow OF ME�* P� GRAPHIC SCALE �1 MCCLELLAND PARCEL 9 DATE: ll l 0t REV: DRAwry Rr: cD. . mCECONSULTING SCALE: R:1W • ENGINEERS INC. aeaeD er: zm.x. Roberson + Company Realty Advisors, LLC Page 3o EXHIBIT "B" 8) PROPOSED RIGHT OF WAY LEGAL DESCRIPTION A strip, piece or parcel of land lying in part of Section 7, Township 21 North, Range 14 East, IM, Tulsa County, Oklahoma. Said Parcel of lend being described by metes and bounds as follows: Commencing at the Northeast corner of the Southeast Quarter (SE /4) of Section Seven (7), Township Twenty —one (21) North, Range Fourteen (14) East; thence, S 01' 24' 42" E along the east line of said Southeast Quarter (SE /4) of Section Seven (7), Township Twenty —one (21) North, Range Fourteen (14) East a distance of 661.07 feet; thence. S 88' 35' 18" W a distance of 16.50 to the point of beginning; thence. S 8S 39' 42" W a distance of 33.50; thence. N 01' 24' 42" W a distance of 661.13 feet; thence, N BIT 44' 08" E a distance of 33.50 feet; thence, S 01' 24' 42" E a distance of 661.09 feet to the point of beginning. Said area containing 22146.85 square feet (0.51 acres), more or less. McCLELLAND V4FCEI.:N DAI'E 1312016 CONSULTING ate` ow.wn nr: cos. _ s I:1 W ENGINEERS INC H6C Roberson + Company Realty Advisors, LLC Page 32 EXHIBIT "C" OWNER' F/Si II6M I511tLR XONM ROBERT AND PETRA CATHARINA DODO (TRUSTEES) MAILING ADDRESS, r 10920 N GARNER RD T OWA SO. OK 14055 -4215 STATEMENT OF BEARINGS z ALL BEARINGS ON THIS PLAT OF SURVEY E [r �osm sMm xwnX ARE BASED UPON THE OKLAHOMA PLANE COORDINATE S TEM. STATE LOCATION MAP Nr wPrNrasrrovxFB OP rxF SWIMFa S![OMIFq SFf >IONOr, F11 -µ F -It -F vrtaPmrrunr N88' 44' WE moo, xr T 0 0 n raPwr � rusA muvrr asscssoP rRA(J I➢r<0 > -It _O r -511)0 S1' 24' 43 "E Z 661.13' 2 O Z Ni' 24• 4214 661.15' 8 `> PROPOSED UTILITY EASEMENT 8.1 S88' 39' 42"W 10.00' PRPPFN JYtIAY - - - - - FBlc F scnee • McCLEL"N0 RAA .A O o: 111 2016 mcECONS VING RE DAAwx 9r cO G. v°i c: 1:1W • ENGINEERS I NC. aEaeG er: s.m x. Roberson + Company Realty Advisors, LLC Page 32 EXHIBIT "D" 8.1) PROPOSED UTILITY EASEMENT LEGAL DESCRIPTION A strip, piece or parcel of land lying in part of Section 7, Township 21 North, Range 14 East, 169, Tulsa County, Oklahoma. Said Parcel of land being described by metes and bounds as follows: Commencing at the Northeast corner of the Southeast Quarter (SE /4) of Section Seven (7), Township Twenty —one (21) North, Range Fourteen (14) East; thence. S 01' 24' 42" E along the east line of acid Southeast Quarter (SE /4) of Section Seven (7), Township Twenty —one (21) North, Range Fourteen (14) East a distance of 651.07 feet; thence, S 88' 35' 18" W a distance of 50.00 to the point of beginning; thence, S 88' 39' 42" W a distance of 10.00; thence, N 01' 24' 42" W a distance of 661.15 feet; thence, N 88' 44' 08" E a distance of 10.00 feet; thence. S 01' 24' 42" E a distance of 661.13 feet to the point of beginning. Said area containing 6611.77 square feet (0.15 acres). more or less. MtCLELLAND 0.A0. :8 PATE: 3131036 cECONSUL77NG xev: pvAwn er: co c. SCAEe I:3W ENGINEERS. INC. cnEaeo vr: S.M.N. EXHIBIT "E" OWNER: R08ERT AND PETRA CATHARI.U1 DODO (TRUSTEES) CTf I�fi.Y 'Pa�C: uORi'n DftE, MAILING AO 55 10920 N GARNETT RD E O'WASSO, OK 74055 -4215 a - STATEMENT OF BEARINGS S N ALL BEARINGS ON THIS PLAT OF SURY us: �os:rl raLE: +cRm ARE BASED UPON THE OKLAHOMA STATE PIANE COORDINATE SYSTEM. LOCATION MAP -- ._ NOATN£ASr roANEApF rNr sauI arm SECTION O]. 1. "Ilk 1188' 44' 00 "E 5.00' PAOOFATYLMF Ni' 24' S7"W 2724' SP ; 42 "E 27.05' S88' 35' 18 "V! o 5.00' p NL $<COWlTY A55($$PA TA4Cr I9l<O r -!< -0] -51110 lY Q C, H O 0 TEMPORARY CONSTRUCTION EASEMENT 8.2 N88' 21' 07 'E > 15.36' a Si' 24' 42 "E 22.42' N1' 38' 53'W 22.41' S88' 21 07 "W 15.26' POINT OF 866INNING f PAl}PEATY [IM I 'D°" R rON / MEP GRAPHIC SCALE aM _ nRi C"ELLAND FR :a OATS: 113416 mEECONSULT/NG flEY. DRAWN BY: COG. O ENGINEERS INC. CHEaEOeY:6ms. } r( it ;.I !�1 -, {d EXHIBIT "F„ 8.2) TEMPORARY CONSTRUCTION EASEMENT - LEGAL DESCRIPTION A strip, piece or parcel of land lying in part of Section 7, Township 21 North, Range 14 East, IM, Tulsa County, Oklahoma. Said Parcel of land being described by metes and bounds as follows: Commencing at the Northeast corner of the Southeast Ouorter (SE /4) of Section Seven (7), Township Twenty —one (21) North, Range Fourteen (14) East; thence, S 01' 24' 42" E along the east line of said Southeast Quarter (SE /4) of Section Seven (7), Township Twenty —are (21) North, Range Fourteen (14) East a distance of 432.52 feet; thence, S 88' 35' 18" W a distance of 60.00 to the point of beginning; thence, S 88' 39' 42" W a distance of 15.26 feet; thence. N 01' 38' 53" W a distance of 22.41 feet; thence, N 88' 21' 07" E o distance of 15.36 feet; thence. S 01' 24' 42" E a distance of 22.42 feet to the point of beginning; thence, N 01' 24' 42" W a distance of 405.47 feet; thence, S 88' 35' 18" W o distance of 5.00 feet; thence, N 01' 24' 57" W o distance of 27.24 feet; thence, N 88' 44' 00" E o distance of 5.00 feet; thence, S 01' 24' 42" E a distance of 27,05 feet. Said area containing 479.33 square feet (0.01 acres), more or less. CONSULTING 'oh-1 -c n C m , - =r ,. LLC u., �., Part IV - Analysis of Data and Value Conclusions Highest and Best Use Analysis The Appraisal of Real Estate, 1 I th Edition, defines highest and best use as follows: "The reasonably probable and legal use of vacant land or an improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value." The opinion of such use may be based on the highest and most profitable continuous use to which the property is adapted and needed, or likely to be in demand in the reasonably near future. However, elements affecting value that depend on events or a possibility, or are not fairly shown to be reasonably probable, should be excluded from consideration. Also, if the intended use is dependent on an uncertain act of another person, the intention cannot be considered. In estimating highest and best use, there are essentially four stages of analysis: >> Legally Permissible: What uses are permitted by zoning and deed restrictions on the site in question? >> Physically Possible: What uses are physically possible for the site? >> Financially Feasible: Which possible and permissible uses will produce a net return to the owner of the site? >> Maximally Productive: Of the financially feasible uses, which use produces the highest residual land value consistent with the rate of return warranted by the market for that use? The highest and best use of the land if vacant and available for use may be different from the highest and best use of the improved property. This is true when the improvement is not an appropriate use, but it makes a contribution to the total property value in excess of the value of the site. The following tests must be met in estimating the highest and best use: the use must be legal; the improvements must be physically possible; there must be a profitable demand for such use and it must return to the land the highest net return for the longest period of time. These tests have been applied to the subject property as a vacant site and improved property. In arriving at the estimate of highest and best use, the subject site was analyzed: 1) as if vacant and available for development and 2) as presently improved. As vacant, the highest and best use of the subject site is eventual medium densityl development that conforms to zoning. The Appraisal Process The appraisal process is the orderly program in which the data used to estimate the value of the subject property is acquired, classified, analyzed, and presented. The appraisal process includes the identification of real estate, effective date of value estimate, property rights appraised, type of value, site and improvement description, highest and best use analysis, and the application of the Sales Comparison Approach. For the purposes of this analysis, the subject property is considered to be a vacant tract that is not leased; therefore, the Cost and Income Approaches are not applicable. The data, analysis, and conclusions are directed toward the property type appraised. This appraisal report is prepared under guidelines established by the City of Owasso, which has the power of imminent domain. The process is unique since it seeks to value a partial acquisition with potential damages to the remainder. The Uniform Standards of Professional Appraisal Practice provide a jurisdictional exception to allow the appraiser to follow guidelines established by certain agencies. Institutions requesting this appraisal employs personnel familiar with the appraisal process. Institution will not be misled by limiting this appraisal to certain approaches or information. The data, analysis, and conclusions are directed toward the property type appraised. Site Valuation — Before Acquisition To estimate the market value of the subject site, an investigation was completed for the immediate vicinity and general area for sales of comparable sites. The sales used in this analysis are the most comparable available as of the effective date of this report. There are several methods available for estimating the market value of the subject site. Some of these methods include: sales comparison analysis, income capitalization and the sub - division method. The most common method used is the sales comparison technique which compares known land sales to the subject site, assuming fee simple ownership and a vacant site ready for development. Therefore, for purposes of this report, only the sales comparison approach will be used. This technique provides an estimate of market value based on analyzing sales of similar tracts in the market area and directly comparing these properties to the property being appraised. This method is based on the premise that an informed purchaser would pay no more for a property than a similar property with the same utility. When there are an adequate number of sales of truly similar properties with sufficient information for comparison, a range or specific value for a property can be determined. Elements of Comparison This comparative analysis focuses on similarities and differences among properties that affect value. Some of the items considered when directly comparing the comparable sales to the subject property are: >> Property Rights Conveyed: fee simple, leased fee, leasehold, partial interests, etc. Financing Terms: seller financing, assumption of existing below market financing, installment sales contract, or any unconventional financing. Conditions of Sale: motivation of buyer and seller, assemblage, forced sale, REO transaction, related party transaction, etc. >> Expenditures Made Immediately after Purchase: demolition and removal costs, extending utilities, petition for a zoning change, etc. >> Market Conditions: appreciation, depreciation, changes in supply and demand, etc. >> Location: demand, traffic, exposure, corner, view, surrounding uses, etc. >> Access: number of access points, location of access points, median blocked, etc. Entitlements: surveying, platting, rezoning, zoning variances, use permits, utility approvals, road approvals, landscaping approvals, etc. >> Use Restrictions: zoning, covenants /restrictions, easements, etc. Physical Characteristics: size, utility availability, topography, tract shape, etc. Brokers, buyers, property owners and real estate analysts typically negotiate or communicate based on a per square foot basis for smaller vacant land tracts; therefore, we believe it is appropriate to follow a similar trend when estimating the market value of the subject property. The comparable sales used in the forthcoming analysis are believed to be the most recent sales of properties that are relatively similar to the subject property, and they provide reasonable indicators of value. The comparable sales are summarized below, followed by a sales map identifying each comparable sale in relation to the subject property, summary sheets for the comparable sales, analysis of the comparable sales, and an adjustment grid. C«epX.tl.lid.Su RI.yGXE SW Addrm [Ib____. iNeOm SJaRiw Rln spur.fM Tagc [Onelx utlotia iainy_ Shf_ of BTN FO4 %IObIOeI Na11X Oxmn 111L.1.V.Ml] mom AW Wi.'dtl Ill"F. W.... No WOId.G &9w IAc AGICP- TroWbId &W%l Yldi 3 IILN Ea11 WItl 31,eA1 Xarl1, Qvouo 14117 M= Mi. M161 G Ily R0 @IO No Walv.Ga 69pCIAC AG (CP= OaMIkM1 YAN ] 131MNC11X119tlF lAVMw Qvaw 11,111, &IIS.OL 9.V6 {V,951 Genlly9odf9 yea WGlW lU5&9oCldC AGICP= Canm&IrtnNbWJ Wn d W19Eg""llim-W y 16 jyWGA AD) B)I.'dq C )IY9Gd�q No WOIP.GR.liwlk AG JR.J loll MR 5 I.,I W11, ..e1 North Q000 .1M ]%RAW 10.W 135,A G Nlr RdIFR Ne Atl .ICP.R .Idl 31.6] 6 ICOIBNOIII1165111 Eal AVmue DW000 yl /16 I=..= IW =W6 Gmllypolpnp, WaoOfO NO AB AGICI.R.IgM) Vol IINg111101Norllh , lll? O Pv ®o - VW,. I,Ni ill. GxtldnLC,N Ym AI CG MO U.kVZ 1A]]Cm1116111NICO1 Nply Qv®a - y6p,® &10 ]V.7•JI ({x¢IOTy{evtl Yel Wa1x. Swx &Ga AGICP °CVnmx[H) ]I]5 Roberson + Company Realty Advisors, LLC Page 39 Grantor: Grantee: Sale Date: Sales Price: Verified By: Verified With: Financing: Recorded: Site Size - Acres Site Size - SF Tract Shape Dimensions Corner Lot Topography Drainage Flood Zone Utilities Zoning $ /SF 8724 East 86th Street North Owasso Sale Details JJB Properties & Craig Trust Mike & Wendi Stacy 9/13/2017 & 3/30/2017 $545,000 Other Deed Third Party 2017088131 & 2017031360 Comments The comparable contains approximately 20 acres, or871,200 square feet. It is a rectangular - shaped tract that has rolling, pt. wooded topography, water, gas & electric public utilities available. and AG (CP = Transitional & Res.) zoning. The comparable has approximately ±66(Y of primary frontage along East 861h Street North. The site is not located within a flood hazard area, and it has adequate drainage. Overall, the comparable was believed to have limited functional utility on its date of sole. It should be noted that the site size above includes the statutory road right -of -way. The site was acquired via two separate transactions from two separate sellers. The information fisted above combines the two sales. According to the documentary stamps affixed to the deeds, the allocation forthe north half of the site was $335,000 (CP = Transitional zoning), while the allocation for the south half of the site was $210,000 (CP = Residential zoning). It should be noted that the north half of the site sold 26 months earlier for $305,000 (9.84% increase overthe time period). At the time of sole, sanitary sewer was located ±640' east of the site (parallels N 91st E Ave). The sewer line is part of the Ranch Creek SewerService Assessment Area, which has a development fee (payback) of $610.33 /acre. The site is located outside of the Owasso City Limits: however, it is located within the Owasso fence fne. The site was purchased for the development of a single - family residence. Roberson + Company Realty Advisors, LLC Page 40 Physical Data 20.00 Functional Utility Limited 871,200 Primary Street East 86th Street North Rectangular Street Type Arterial ±660'x±1,320' Frontage ±660' No Traffic Level Moderate Rolling, Pt. Wooded Access Points One Adequate Secondary Street - No Street Type - Water, Gas & Electric Frontage - AG (CP = Transitional & Res.) Traffic Level - Access Points - Economic $0.63 $ /Acre $27,250 Comments The comparable contains approximately 20 acres, or871,200 square feet. It is a rectangular - shaped tract that has rolling, pt. wooded topography, water, gas & electric public utilities available. and AG (CP = Transitional & Res.) zoning. The comparable has approximately ±66(Y of primary frontage along East 861h Street North. The site is not located within a flood hazard area, and it has adequate drainage. Overall, the comparable was believed to have limited functional utility on its date of sole. It should be noted that the site size above includes the statutory road right -of -way. The site was acquired via two separate transactions from two separate sellers. The information fisted above combines the two sales. According to the documentary stamps affixed to the deeds, the allocation forthe north half of the site was $335,000 (CP = Transitional zoning), while the allocation for the south half of the site was $210,000 (CP = Residential zoning). It should be noted that the north half of the site sold 26 months earlier for $305,000 (9.84% increase overthe time period). At the time of sole, sanitary sewer was located ±640' east of the site (parallels N 91st E Ave). The sewer line is part of the Ranch Creek SewerService Assessment Area, which has a development fee (payback) of $610.33 /acre. The site is located outside of the Owasso City Limits: however, it is located within the Owasso fence fne. The site was purchased for the development of a single - family residence. Roberson + Company Realty Advisors, LLC Page 40 11624 East 106th Street North L— _ Owasso Sale Details Grantor Roger Otis Grace, Jr. Grantee Humphrey Revocable Trust Sale Date 8/8/2017 Sales Price $600,000 Verified By Other Verified With Deed Financing Cash Recorded 2017075138 & 2017075139 Physical Data Site Size - Acres 22.18 Functional Utility Slightly Limited Site Size - SF 966,161 Primary Street East 106th Street North Tract Shape Irregular Street Type Arterial / Section Line Dimensions Various Frontage ±640' Corner Lot No Traffic Level Moderate Topography Gently Rolling Access Points One Drainage Adequate Secondary Street - FloodZone No Street Type - Utilities Water, Gas & Electric Frontage - Zoning AG (CP = Transitional) Traffic Level - Access Points - Economic $ /SF $0.62 $ /Acre $27,051 Comments The comparable contains approximately 22.18 acres, or 966,161 square feet. It is an irregular- shaped tract that has gently rolling topography, water, gas & electric utilities available, and AG (CP = Transitional) zoning. The comparable has approximately ±640' of primary frontage along East 106th Street North . The site is not located within a flood hazard area, and it has adequate drainage. Overall, the comparable was believed to have slightly limited functional utility on its date of sale. At the time of sale, the site was improved with a ±2,216 square foot residential house, and multiple detached storage structures. The site is not located within a FEMA identified flood hazard area; however, there are two ponds in the southeast corner. According to Jeff Baine (City of Owasso Public Works Department Engineering Designer), sanitary sewer lines parallel the south /southeast property lines (serve the adjacent residential subdivisions); however, extension would more than likely require adding a main line. The comparable is located in the Meadowcrest Sewer Relief Area, which has a development fee (payback) of $867.00 /acre. The comparable is located ±660' east of North Garnet Road. The site is located outside of the Owasso City Limits; however, it is located within the Owasso fence line. Roberson + Company Realty Advisors, LLC Page 41 12106 North 113th East Avenue _j Owasso Grantor. Grantee. Sale Date: Sales Price: Verified By: Verified With: Financing: Recorded: Site Size - Acres Site Size - SF Tract Shape Dimensions Comer Lot Topography Drainage Flood Zone Utilities Zoning Sale Details BST Properties Werner Knigge 7/14/2017 $315,000 Other Deed Cash 2017065846 Physical Data 9.96 Functional Utility 433,951 Primary Street Square Street Type ±643.50' x ±674.36' Frontage Yes Traffic Level Gently Sloping Access Points Adequate Secondary Street No Street Type Water, Gas & Electric Frontage AG (CP = Comm & Transitional) Traffic Level Access Points Slightly Limited North Garnett Road Arterial / Section Line ±643.50' Moderate Zero East 121st Street North Secondary 674.36' Low One - Economic $ /SF $0.73 $ /Acre $31,620 Comments The comparable contains approximately 9.96 acres, or 433,951 square feet. It is a square - shaped tract that has gently sloping topography, water, gas & electric public utilities available, and AG (CP = Comm & Transitional) zoning. The comer lot has approximately ±643.50' of primary frontage along North Garnett Road, . and approximately 674.36 of secondary frontage along East 121st Street North. The site is not located within a flood hazard area, and it has adequate drainage. Overall, the comparable was believed to have slightly limited functional utility on its date of sale. The site size above includes the statutory road right -of -way. At the time of sale, the site did not have sanitary sewer, however, it was located in the single -family residential subdivisions to the west and south. The sewer line is part of the Ranch Creek SewerService Assessment Area, which has a development fee (payback) of $610.33 /acre. According to Jeff Boine (City of Owasso Public Works Department Engineering Designer), extending sewer would require adding a main line that traveled underneath North Garnett Road to the site. The site is located outside of the Owasso City Omits; however, it is located within the Owasso fence line. The City of Owasso's comprehensive plan identifies the future zoning for the west half of the site as commercial, and the east half of the site as transitional. Based upon our analysis, the comparable was more than likely purchased for the development of a single -family residence. Roberson + Company Realty Advisors, LLC Page 42 /a 8919 East 106th Street Owasso Sale Details Grantor: Bonnie L. Williams Trust Grantee: Nick & Deidra G. Breese Sale Date: 5/25/2016 Sales Price: $650,000 Verified By: Other Verified With: Deed Financing: Cash Recorded: 2016049227 Physical Data Site Size - Acres 20.00 Functional Utility Slight ly Limited Site Size - SF 871,200 Primary Street East 106th Street Tract Shape Rectangle Street Type Arterial /Section Line Dimensions ±660'x±1,329 Frontage ±660' Corner Lot No Traffic Level Moderate Topography Gently Sloping Access Points One Drainage Adequate Secondary Street - FloodZone No Street Type - Utilities Water, Gas & Electric Frontage - Zoning AG (Residential) Traffic Level - Access Points - Economic $ /SF $0.75 $ /Acre $32,500 Comments The comparable contains approximately 20 acres, or 871,200 square feet. It is a rectangle- shaped tract that has gently sloping topography, water, gas & electric public utilities available, and AG (Residential) zoning. The comparable has approximately ±660' of primary frontage along East 106th Street. The site is not located within a flood hazard area, and it has adequate drainage. Overall, the comparable was believed to have slightly limited functional utility on its date of sale. It should be noted that the site size above includes the statutory road right -of -way. At the time of sale, the site was improved with a ±998 square foot single - family residence and multiple detached garages. The City of Owasso's comprehensive plan restricts future land use of the site to residential (single - family detached housing). The sewer line is part of the Ranch Creek Sewer Service Assessment Area, which has a development fee (payback) of $610.33 /acre. The site was purchased for the development of a single - family residence. The site is located on the north side of East 106th Street, approArnotely A mile east of Memorial Drive. The site is located outside of the Owasso City Limits; however, it is located within the Owasso fence line. Roberson + Companv Realty Advisors, LLC Page 43 Grantor Grantee Sale Date Sales Price Verified By Verified With Financing Recorded 14001 East 96th Street North Owasso Sale Details Thompson & Wilson JE2911,LLC 4/21/2016 $705,000 Other Deed Third Party 2016043378 & 2016043390 Site Size - Acres 10.00 Site Size - SF 435,600 Tract Shape Square Dimensions ±660'x ±660' Corner Lot No Topography Drainage Flood Zone Utilities Zoning $ /SF Gently Rolling Adequate No All OM (CP = Residential) $1.62 Physical Data Functional Utility Primary Street Street Type Frontage Traffic Level Access Points Secondary Street Street Type Frontage Traffic Level Access Points Economic $ /Acre Comments Adequate East 96th Street North Arterial / Section Line ±660' Moderate -to -Heavy One $70,500 The comparable contains approximately 10 acres, or 435,600 square feet. It is a square - shaped tract that has gently rolling topography, all utilities available, and OM (CP = Residential) zoning. The comparable has approximately ±660' of primary frontage along East 96th Street North. The site is not located within a flood hazard area, and it has adequate drainage. Overall, the comparable was believed to have adequate functional utility on its date of sale. It should be noted that the site size above includes the statutory road right -of -way. The property was acquired in two separate transactions from two separate sellers on the some day. The comparable is located in the Elm Creek Extended Sanitary Sewer Relief Area, which has a development fee (payback) of $1,580.00 /acre. At the time of sale, the site was improved with a single - family residence, as well as multiple detached garages (unclear how this was handled in the purchase price). The site was acquired for the development of a 45 -lot upscale gated community, to be known as Somerset. The site is located within the Owasso city limits, on the north side of East 96th Street North, across the street from Life Church, approximately 3/, mile east of North 129th E. Avenue. Roberson + Company Realty Advisors, LLC Page 44 10018 North 145th East Avenue Owasso Sale Details Grantor JPAFRE,LLC Grantee SITYAANTI, LLC Sale Date 4/1/2016 Sales Price $325,000 Verified By Other Verified With Deed Financing Third Party Recorded 2016030118 Site Size - Acres 7.69 Site Size - SF 335,186 Tract Shape Irregular Dimensions various Corner Lot No Topography Gently Rolling, Wooded Drainage Adequate Flood Zone No Utilities All Zoning AG (CP = Transitional) $ /SF $0.97 Physical Data Functional Utility Adequate Primary Street North 145th East Avenue Street Type Arterial / Section Line Frontage ±399' Traffic Level Moderate Access Points One Secondary Street East 100th Street North Street Type Secondary Frontage ±746' Traffic Level Low Access Points One Economic $ /Acre $42,236 Comments The comparable contains approximately 7.69 acres, or 335,186 square feet. It is an irregular- shaped tract that has gently rolling, wooded topography, all utilities available, and AG (CP = Transitional) zoning. The comparable has approximately ±399' of primary frontage along North 145th East Avenue, and approximately ±746' of secondary frontage along East 100th Street North. The site is not located within a flood hazard area, and it has adequate drainage. Overall, the comparable was believed to have adequate functional utility on its date of sale. At the time of sale, the site was improved with multiple single - family residences and detached garages. Although the site has not yet been redeveloped since acquisition, it is believed that the improvements on the site at the time of sale represent an interim use until the property is redeveloped. The City of Owasso's comprehensive plan identifies the future land use of the site as transitional. The site is located on the west side of North 145th E. Avenue, approximately 1/2 mile north of East 96th Street North. Roberson. + Company Realty Advisors, LLC Page 45 Grantor Grantee Sale Date Sales Price Verified By Verified With Financing Recorded Site Size - Acres Site Size - SF Tract Shape Dimensions Corner Lot Topography Drainage Flood Zone Utilities Zoning Listing $ /SF 11101 North Garnett Road Owasso Sale Details Martin P. Fischer Trust For Sale (Under Contract) $499,000 Broker Mike Marrara 4.40 191,596 Nearly Square ±465'x ±412' Yes Generally Level Adequate No All CG $2.60 Physical Data Functional Utility Primary Street Street Type Frontage Traffic Level Access Points Secondary Street Street Type Frontage Traffic Level Access Points Economic $ /Acre Comments Adequate North Garnett Road Arterial / Section Line ±465' Moderate Zero (currently) East 112th Street North Secondary ±412' Low One $113,449 The comparable contains approximately 4.4 acres, or 191,596 square feet. It is a nearly square - shaped tract that has generally level topography, all utilities available, and CG zoning. The corner lot has approximately ±465' of primary frontage along North Garnett Road, and approximately ±412 of secondary frontage along East 112th Street North. The site is not located within a flood hazard area, and it has adequate drainage. Overall, the comparable was believed to have adequate functional utility on its date of sale. The site is comprised of four platted lots (10 -13). There is sanitary sewer along the west line and water lines along the street rights -of -way. Of note, a force main sewer line connecting to the mobile home park to the east travels east /west through the center of the site (along the south line of Lot 12, and the north line of Lot 11). Currently, this restricts development on the site; however, the buyers intend to spend additional money (Mr. Marrara did not know the estimated amount) relocating this sewer line. According to Mr. Marrara, the site is being purchased for the development of a multifamily complex. The site is located on the northwest corner of North Garnet Road and East 112th Street North, approximately 1/3 mile south of East 116th Street North. Roberson + Company Realty Advisors, LLC Page 46 Grantor Grantee Sale Date Sales Price Verified By Verified With Financing Recorded Site Size - Acres Site Size- SF Tract Shape Dimensions Corner Lot Topography Drainage Flood Zone Utilities Zoning Listing $ /SF 12525 East 116th Street North Owasso Sale Details Mary Beth Retherford For Sale $440,000 Broker Stan Frisbie 8.10 352,750 Rectangular ±415' x ±850' Yes Generally Level Adequate No Water, Sewer, & Gas AG (CP = Commercial) $1.25 Physical Data Functional Utility Primary Street Street Type Frontage Traffic Level Access Points Secondary Street Street Type Frontage Traffic Level Access Points Economic Slightly Limited East 116th Street North Arterial / Section Line ±415' Moderate One North 126th East Avenue Secondary ±850' Low Zero (currently) $ /Acre $54,334 Comments The comparable contains approximately 8.1 acres, or 352,750 square feet. It is a rectangular- shaped tract that has generally level topography, water, sewer, & gas utilities available, and AG (CP = Commercial) zoning. The comer lot has approximately ±415' of primary frontage along East 116th Street North, and approximately ±850' of secondary frontage along North 126th East Avenue. The site is not located within a flood hazard area, and it has adequate drainage. Overall, the comparable was believed to have slightly limited functional utility on its date of sale. The site does not currently have sanitary sewer service (sewer line is part of the Ranch Creek Sewer Service Assessment Area, which has a development fee (payback) of $610.33 /acre). The City of Owasso's Land Use Master Plan identifies the future zoning of the site as commercial. It should be noted that this site includes a single - family residence that is considered to be an interim use. The site is located on the north side of East 116th Street North, approximately 865' west of North 129th East Avenue. The site is located outside of the Owasso City Limits; however, it is located within the Owasso fence line. Roberson + Company Realty Advisors, LLC Page 47 Analysis of the Comparable Sales The comparable sales do not provide sufficient support for paired sales analysis; therefore, relative comparison analysis is used in estimating market value for the subject property. Relative comparison analysis is defined in The Appraisal of Real Estate, l Irh Edition as "the study of the relationships indicated by market data without recourse to quantification." The comparable sales represent the most recent sales of similar type properties in the general area. The comparable sales are analyzed based on the typical common elements of comparison. Based on an analysis of the comparables, adjustments are not warranted for property rights, financing terms, conditions of sale, expenditures made immediately after purchase, or market conditions. Relative comparison is provided as follows Sale 1 The comparable is inferior in location due to its surrounding development, which is perceived as less desirable than the subjects surrounding development. The comparable is approximately 100% larger than the subject site. A size discrepancy of this magnitude is typically associated with a lower selling price per square foot. The comparable is slightly inferior in zoning because its zoning classification is slightly more restrictive than the subjects. The comparable is inferior in utilities because it did not have all utilities available to the site on its date of sale. The comparable is inferior in topography when taking into consideration its rolling and wooded terrain. All things considered, the comparable is thought to be inferior to the subject site in overall comparison. Sale 2 The comparable is approximately 122% larger than the subject site. A size discrepancy of this magnitude is typically associated with a lower selling price per square foot. The comparable is inferior in topography when taking into consideration the amount of area encumbered by ponds. All things considered, the comparable is thought to be inferior to the subject site in overall comparison. Sale 3 The comparable is slightly superior in zoning because its zoning classification is slightly less restrictive than the subjects. The comparable is inferior in location due to its surrounding development, which is perceived as less desirable than the subjects surrounding development. All things considered, the comparable is thought to be inferior to the subject site in overall comparison. Sale 4 The comparable is inferior in location due to its surrounding development, which is perceived as less desirable than the subjects surrounding development. The comparable is approximately 100 % larger than the subject site. A size discrepancy of this magnitude is typically associated with a lower selling price per square foot. The comparable is inferior in zoning because its zoning classification is significantly more restrictive than the subjects. The comparable is inferior in utilities because it did not have all utilities available to the site on its date of sale. All things considered, the comparable is thought to be inferior to the subject site in overall comparison. Sale 5 The comparable is inferior in zoning because its zoning classification is significantly more restrictive than the subjects. The comparable is slightly superior in location due to its surrounding development, which is perceived as slightly more desirable than the subjects surrounding development. The comparable is slightly superior in utilities because it had all utilities available to the site on its date of sale. All things considered, the comparable is thought to be superior to the subject site in overall comparison. Sale 6 The comparable is slightly superior in utilities because it had all utilities available to the site on its date of sale. The comparable is inferior in location due to its surrounding development, which is perceived as less desirable than the subjects surrounding development. The comparable is inferior in topography when taking into consideration its wooded terrain. All things considered, the comparable is thought to be slightly inferior to the subject site in overall comparison. Listing 1 The comparable is slightly inferior in easements when taking into consideration the force main sewer line that bisects the site. The comparable is slightly superior in location due to its surrounding development, which is perceived as slightly more desirable than the subjects surrounding development. The comparable is approximately 56% smaller than the subject site. A size discrepancy of this magnitude is typically associated with a higher selling price per square foot. The comparable is superior in zoning because its zoning classification is significantly less restrictive than the subjects. The comparable is slightly superior in utilities because it had all utilities available to the site on its date of sale. All things considered, the comparable is thought to be superior to the subject site in overall comparison. Listing 2 The comparable is superior in location due to its surrounding development, which is perceived as more desirable than the subjects surrounding development. The comparable is superior in zoning because its zoning classification is significantly less restrictive than the subjects. All things considered, the comparable is thought to be superior to the subject site in overall comparison. The comparable sales adjustment grid is provided on the following page: (- )a r, ti.0 Comparable Sales Adjustment Grid Saki COmpa,eon MP�oaCM1 ..... _ _ _. Summary and Value Conclusion The comparable sales indicate a range in unadjusted price per square foot of $0.62 to $2.60, with an overall average of $1.15. These sales are believed to be the most recent comparable sales to the subject property, and they are considered reasonable indications of value. As noted in the Site Data & Analysis section of this report, overall, the physical characteristics of the site result in functional utility suitable for a variety of uses, including those permitted by zoning. The subject's immediate area is currently experiencing gains in public favor, acceptance, and market demand. The site is positively impacted by its location along a stretch of North Garnett Road that is scheduled to undergo expansion, as well as its future zoning designation. Sale Sale Sale3 Sale Sale sale Listing1 llsting2 Sales Price $Sd5.07U $600.00 $315,0.70 $650,070 $705,00D $325,070 $499,000 $440,070 Sales Price /SF $0.63 $0.62 $0.73 $0.75 $1.62 $0.97 $2.60 $1.25 Property Rights Comparison Similar Similar Similar similar Similar Smilar Similar Smilar Adjustment O, A -0 - 0 -0. .p. -0 Financing Terms Comparison Similar Similar Similar Similar Similar Similar Similar Similar Adjustment 0- L O -0- 4 O -0 - U Conditions of Sale Comparison Similar Similar Similar Similar Similar Smilar Similar Similar Adjustment .p. -0- .p -0. .p. U P O Expenditures After Purchase Comparison Similar Similar Similar Similar Similar Similar Similar Similar Adjustment Market Conditions Comparison Similar Similar Similar Similar Similar Smilar Similar 9milor Adjustment O -0 .0. b -0U 4 U O Adjusted Sales Price $545,CW $607,fS10 $315,N0 $650.ON $705,070 $325.070 $499,000 $440,W0 Adjusted Sale Price /SF $0.63 $0.62 $0.73 $0.75 $1.62 $0.97 $260 $1.25 Physical Characteristics Location Inferior Similar Inferior Inferior SI, Superior Inferior SI. Superior Superior Size Larger Larger Similar Larger Similar Similar Smaller 9milor Zoning St. Inferior Smilar St. Superior Inferior Inferior Smilar Superior Superior utilities Inferior Similar Similar Inferior S. Superior St. Superior St. Superor Similar Easements Similar Smilar Similar Similar Similar Smilar SI. Inferior Similar Topogrophy Interior Inferior Smilar Similar Similar Inferior Similar Smilar Tract Shape Similar Similar Smilar Smilar Smilar Similar Smilar Similar Overall Comparison Interior Inferior Interior Inferior Superior Sl. inferior Superior Superior Saki COmpa,eon MP�oaCM1 ..... _ _ _. Summary and Value Conclusion The comparable sales indicate a range in unadjusted price per square foot of $0.62 to $2.60, with an overall average of $1.15. These sales are believed to be the most recent comparable sales to the subject property, and they are considered reasonable indications of value. As noted in the Site Data & Analysis section of this report, overall, the physical characteristics of the site result in functional utility suitable for a variety of uses, including those permitted by zoning. The subject's immediate area is currently experiencing gains in public favor, acceptance, and market demand. The site is positively impacted by its location along a stretch of North Garnett Road that is scheduled to undergo expansion, as well as its future zoning designation. After weighing the subject property against the comparable sales, and conversing with brokers, investors, and knowledgeable market participants, the "as is" market value of the subject property's fee simple interest, as of the effective date of this report, is estimated at $1.10 persquare foot. This indicates the following: Calculation of Value 435,600 SF x $1.10 /SF = $479,160 Say, $480,000 Value Indication — Site Valuation $480,000 Acquisition Area Data & Analysis Exhibits can be found on the following pages to assist the reader in visualizing the acquisition areas, as well as the potential impact of the areas to be acquired Proposed Acquisition Area — Proposed Permanent Right -of -Way Parcel 8.0 Acquisition Area ±0.51 Acres, or ±22,146.85 square feet Contract The acquisition area does not directly impact the ±2,632 square foot residence; therefore, the ownership entity was not contacted when completing the inspection. Description According to the information provided by the project engineers, the permanent right -of -way to be acquired parallels the entire east property line and has a depth of 33.50', east to west, which indicates a total area of 22,146.85 square feet. Improvements within the acquisition area include a gravel -paved drive apron ( ±503 SF), grass sod ( ±21,644.35 SF), and multiple mature trees. Effect The cost of replacing the gravel -paved drive apron is based on data published by Marshall Valuation Service 2018. The replacement cost of the sod is based on an estimate from Brown Farms Sod (located at 15923 East 116th Street North, Collinsville, OK), while the replacement cost of the trees is based on an estimate from Worley's Greenhouse & Nursery (located at 7400 North Owasso Expressway, Owasso, OK). It should be noted that all replacement cost figures include an allocation for labor. Estimated Compensation See calculation below Estimated Compensation Parcel 8.0 Permanent Right -of -Way Land 22,146.85 SF x $1,10 /SF x 10031. _ $24,362 Improvements Asphalt -paved Apron 503 SF x ( $1.14 J x 0.98 x 0.90 = 506 Sod /Trees = 10,000 Estimated Compensation $34,86 Permanent Right -of -Way Permanent Right-of-Way Permanent Right -of -Way Permanent Right -of -Way Roberson + Company Realty Advisors, LLC Page 53 Proposed Acquisition Area — Perpetual Utility Easement Parcel 8.1 Acquisition Area ±0.15 Acres, or ±6,612 square feet Contract The acquisition area does not directly impact the ±2,632 square foot residence; therefore, the ownership entity was not contacted when completing the inspection. Description According to the information provided by the project engineers, the perpetual utility easement to be acquired abuts the ±661.11' wide permanent right -of -way to the west and has a depth of 10', which indicates a total area of 6,61 1.77 square feet. Improvements within the acquisition area include a gravel -paved drive apron ( ±503 SF), grass sod ( ±6,108.77 SF), and multiple mature trees. Effect Easements of various types, including perpetual easements, are typically acquired as a percentage of the underlying fee simple value of the land being encumbered. This percentage varies to the extent of the use, limitations placed on the owner of the land, as well as the encumbered area. The fee owner of the property agrees not to construct any permanent structures, including signs, in the encumbered area. The owner may install pavement for parking and drive purposes on this easement area. Considering the use limitations placed on the owner of the land and the perpetual easement area, 75% of the underlying fee value of the land is believed to be reasonable and supportable compensation. Estimated Compensation Estimated Compensation Parcel 8.1 Perpetual Utility Easement Land Improvements Asphalt -paved Apron Sod /Trees Estimated Compensation The cost of replacing the gravel -paved drive apron is based on data published by Marshall Valuation Service 2018. The replacement cost of the sod is based on an estimate from Brown Farms Sod (located at 15923 East 1 16th Street North, Collinsville, OK), while the replacement cost of the trees is based on an estimate from Worley's Greenhouse & Nursery (located at 7400 North Owasso Expressway, Owasso, OK). It should be noted that all replacement cost figures include an allocation for labor. See calculation below 6,611.77 5F x $1.10 /SF a 75% 150 5F x -U. $5.455 J $1.14 i z 0.98 x 0.90 = 151 2.500 $8,106 Perpetual Utility Easement Perpetual Utility Easement Roberson + Company Realty Advisors, LLC Page 55 Proposed Acquisition Area — Temporary Construction Easement Parcel 8.2 Total Acquisition Area ±0.01 Acres, or ±479.33 square feet Contract The acquisition area does not directly impact the ±2,632 square foot residence; therefore, the ownership entity was not contacted when completing the inspection. Description According to the information provided by the project engineers, one of the temporary construction easements to be acquired abuts the northwest corner of the perpetual utility easement and has an average width of ±27.145 (north /south), and a depth of 5.00' (east /west), which indicates a total area of ±136.16 square feet. Improvements within the acquisition area include grass sod ( ±136.16 SF). Effect Estimated Compensation Estimated Compensation Parcel 8.2 Temporary Construction Easement Land Improvements Asphalt -paved Apron Sod /Tree Estimated Compensation The other temporary construction easement to be acquired abuts the west central side of the perpetual utility easement and has an average width of ±15.31 (north /south), and an average depth of 22.415' (east /west), which indicates a total area of ±344 square feet. Improvements within the acquisition area include a gravel -paved drive apron ( ±336 SF), grass sod ( ±143 SF), and a mature tree. The valuation is based on a 10 % return for a two -year construction period. The cost of replacing the gravel -paved drive apron is based on data published by Marshall Valuation Service 2018. The replacement cost of the sod is based on an estimate from Brown Farms Sod (located at 15923 East 116th Street North, Collinsville, OK), while the replacement cost of the trees is based on an estimate from Worley's Greenhouse & Nursery (located at 7400 North Owasso Expressway, Owasso, OK). It should be noted that all replacement cost figures include an allocation for labor. See calculation below 479.33 SF x $1.10 /SF z 207o 143 SF z ( $1.14 ) $105 X 0.98 x 0.90 = 144 SW ........... $749 749 ,Or2 +L SJ Temporary Construction Easement Temporary Construction Easement Roberson + Company Realty Advisors, LLC Page 57 Total Estimated Compensation Compensation to Owner Parcel 8.0 Parcel 8.1 Parcel 8.2 $34,867 8,106 749 Damages to Remainder 0 Total Compensation $43,722 The total estimated compensation due to the owner of Parcel 8.0, 8.1 & 8.2, subject to the Assumptions and Limiting Conditions, as of April 18, 2018, is: Forty -Three Thousand Seven Hundred Twenty -Two Dollars $43,722 Conditions and Requirements of the Appraisal: l.) ALTA Survey, 2.) Environmental audit of the entire property indicating it is in good environmental condition, 3.) Assumptions and Limiting Conditions. Part V - Addendum Letter of Engagement Qualifications of the Appraiser Qualifications of the Appraiser David C. Roberson Roberson & Company Realty Advisors, LLC 1 123 West Main Street Jenks, Oklahoma 74037 (918) 995 -2503 david@robcoadvisors.com Professional Memberships Appraisal Institute • MAI ( #9328) • SRA Past President, Society of Real Estate Appraisers Chapter 27 Oklahoma Certified Appraiser ( #10344CGA) Education The University of Oklahoma, Norman, Oklahoma, (1982) Bachelor of Business Administration in Accounting Successfully completed all educational requirements of the Appraisal Institute to earn and maintain the MAI and SRA designations Successfully completed all continuing educational requirements of the State of Oklahoma to maintain the Certified General Appraiser License Attended numerous courses and seminars relating to the appraisal of all types of real property Experience 9/13 - Current Professional Real Estate Appraiser, Roberson & Company Realty Advisors, LLC, Jenks, Oklahoma 8/92-8/13 Professional Real Estate Appraiser, Ingram, Blevins, Roberson, Knight, Inc., Tulsa, Oklahoma 1984-8/92 Professional Real Estate Appraiser, Green Country Appraisal Service, Tulsa, Oklahoma 1982 -1983 Accountant, Alexander Grant & Co., Certified Public Accountants, Tulsa, Oklahoma Qualifications of the Appraiser Thomas E. Roberson Roberson & Company Realty Advisors, LLC 1123 West Main Street Jenks, Oklahoma 74037 (918) 995 -2503 thomas@robcoadvisors.com Professional Memberships Appraisal Institute • Affiliate Education The University of Tulsa, Tulsa, Oklahoma, 120141 • Bachelor of Arts in Organizational Studies Successfully completed real estate related courses sponsored by the Appraisal Institute • Basic Appraisal Principles • Basic Appraisal Procedures • 15 Hour USPAP Course • Real Estate Finance, Statistics, and Valuation Modeling • General Appraiser Market Analysis and Highest & Best Use • General Appraiser Sales Comparison Approach • General Appraiser Site Valuation and Cost Approach • General Appraiser Income Approach /Part 1 • General Appraiser Income Approach /Part 2 • General Appraiser Report Writing and Case Studies • Advanced Income Capitalization Experience 2014 — Current • Vice President Roberson & Company Realty Advisors, LLC Jenks, Oklahoma Roberson + Company Realty Advisors FIRREA Requirements FIRREA Requirements The following are the minimum requirements for an acceptable appraisal report based on FIRREA. (a) Conform to generally accepted appraisal standards as evidenced by the Uniform Standards of Professional Appraisal Practice (USPAP) promulgated by the Appraisal Standards Board (ASB) of the Appraisal Foundation unless principals of sale and sound banking require compliance with stricter standards; (b) Be written and contain sufficient information and analysis to support the institution's decision to engage in the transaction; (c) Analyze and report appropriate deductions and discounts for proposed construction or renovation, partially leased buildings, non - market lease terms, and tract developments with unsold units; (d) Be based upon the definition of market value as set forth in the previous pages of this report; and, (e) Be performed by State licensed or certified appraisers. TREY ABRAHAM' Roger Stevens City of Owasso City Municipal Building 200 S. Main Owasso, OK 74055 Julie Trout Lombardi City of Owasso City Municipal Building 200 S. Main Owasso, OK 74055 Mike Craddock Terra Acquisition Services 8458 S. College Ave. Tulsa, OK 74137 Dear Madam and Sirs: LAW OFFICES OF LOUIS ABRAHAM III P.C. SEVENTEEN SEVENTY-SIX SOUTH UTICA TULSA, OKLAHOMA 74104 March 14, 2018 TELEPHONE: (918) 728 -6658 FACSIMILE: (918) 728 4655 www.abrahamlawtulsa.com trey @abrahamlawtulaa.com *Licensed in Okla. and Texas Re: City of Owasso Road Widening Project 106'I' to 116°i North Garnett Road Parcel 8 The City's offer of $100,000 from February for the easements and right of way at issue is rejected. Sincerely, �raharn Cc: Robert and Petra Dodd TREY ABRAHAM' Roger Stevens City of Owasso City Municipal Building 200 S. Main Owasso, OK 74055 Julie Trout Lombardi City of Owasso City Municipal Building 200 S. Main Owasso, OK 74055 Mike Craddock Terra Acquisition Services 8458 S. College Ave. Tulsa, OK 74137 Dear Madam and Sirs: LAW OFFICES OF LOUIS ABRAHAM III P.C. SEVENTEEN SEVENTY -SIX SOUTH UTICA TULSA, OKLAHOMA 74104 March 1, 2018 TELEPHONE: (918) 728 -8650 FACSIMILE: (818) 728 -8855 www.abrahamlawtuisa.com lreyGabrahamlawtulsa. Cam 'Licensed In Okla. and Texas 3 -s=ty J QAM fib. - a ps *u. 3 of wry h& iaS4� 1p� d[\,s CM U ar r GC-cY- Sk ' R- Re: City of Owasso Road Widening Project 106'' to 116 h North Garnett Road Parcel 8 This firm represents the interests of Robert Dodd and Petra Dodd in the captioned matter. Please direct fitrther communications to the writer. Thank you for your time and consideration. Sincerely, Trey Abraham Cc: Robert and Petra Dodd January 16, 2018 Robert & Petra Dodd 10920 N. Garnett Road Owasso, OK 74055 RE: City of Owasso Road Widening Project 106" to 116" North Garnett Road — Parcel s Dear Mr. & Mrs. Dodd: I am sending one Iast letter to confirm that you are not in agreement with the offer from the City of Owasso. This is a 30 day Notice. The last offer the City of Owasso was in the amount of $89,084.57 for the needed righ of way and easements for this project. I have enclosed the legal description. If this offer meets with your approval, I would request that you acknowledge with you signatures below. I will need to obtain this signed letter and the enclosed W -9 so the check can be processed. It will take about three weeks in order to obtain the check. A partial release of mortgage will need to be obtained. However, if we cannot come to a mutual agreed offer, the City will be proceeding to condemn the needed areas for this project. The City would prefer to come to a mutual agreement but the project will proceed as scheduled. If you have any questions please feel free to contact me at the number listed above to discuss this project. Sincerely, Mike R. Craddock Terra Acquisition Services Cc Roger Stevens, Public Works Director City of Owasso Agreed to: Robert and Petra Catharina Dodd Revocable Living Trust Robert Dodd, Trustee Date Petra Dodd, Trustee Date c (`.JL. -- A.. --..- . T.L... ! V 9A109 lam- j� 013 1313 LL QLNN m _. E3 0 13 M 00 0 I C 'H 64 'q1L�] 0YO— T q,) 14 I+ ci ❑ ❑❑ ❑❑ ❑ ❑O T zz cs c rn n o Ln L •m ej TEm m N DO ,m,, .t...L W C m m Q •�• p — CD 5, a o N V i a I W 5p5 .0 -m�Qa ems.h j�N C • _m a r m Z O. T E'O In CD E so U.S. Postal Service'� CERTIFIED MAILO RECEIPT M Do i ■ ■ ■ �i a Ir - IS .. 163 35 m s �uraa F� A037 i ExvasmVmas •est�xxnoomnreeyp u 10 ❑Pnhm R"plP P,) 5 iV� 1 7' ❑wnnn Pecda�Mxaorel : tn_nn POMMS* - 0 OCwNI__Pmbztetl'hl S <! W�l.. 0 Hem 0 DAALISIpnrtum flay4etl S Q/u9d165e Hxtrl[bJ UtlMVy S ° P°"'9a so. 7Q 0 s $6.80 01/16/2018 rn Robert & Petra D�� rq 10920 N. Garnett Road N Owasso, OK 74055 November 20, 2017 Robert & Petra Dodd 10920 N. Garnett Road Owasso, OK 74055 RE: City of Owasso Road Widening Project 106`s to 1161 North Garnett Road — Parcel 8 Dear Mr. & Mrs. Dodd: We appreciate your time in meeting with us and I have discussed your valuation with Roger Stevens, City of Owasso Public Works Director. He is willing to increase the amount the City has offered to pay in order to bring this to a conclusion. Therefore, the City of Owasso will pay to you the amount of $89.084.57 for the needed Right of Way and Easements for this project. The City will require a partial release of any mortgage. This will be the City's final offer. If this offer meets with your approval, I would request that you acknowledge with your signature below. I will need to obtain this signed letter and the enclosed W -9 so the check can be processed. It will take about three weeks in order to obtain the check. If you have any questions please feel free to contact me at the number listed above to discuss this project. Sincerely, ,�'Ll ) Mike R. Craddock Terra Acquisition Services Cc Roger Stevens, Public Works Director City of Owasso Agreed to: Robert and Petra Catharina Dodd Revocable Living Trust I. Robert Dodd, Trustee Date Petra Dodd, Trustee Date mike @terraacquisition.com • 918.605.1436 • 8458 S. College Avenue • Tulsa, OK 74137 August 21, 2017 Robert & Petra Dodd ,-I( �7- K ,) Ir4�0� A l ^t1..0 ub� `4 10920 N. Garnett Road Owasso, OK 74055 u RE: City of Owasso Road Widening Project 106u to 116`h North Garnett Road — Parcel 8 Dear Mr. & Mrs. Dodd: t3 Cr Terra Acquisition Services is working under Contract with City of Owasso to acquire the -i right of way and easements for improving the roadway and drainage in the area. The �1 engineers have identified the alignment of the project and how it affects your property. 6,1; k I have included information that shows you the location of the right of way and easements that are needed for this project. idt&7 3;.16 y � The City of Owasso will pay to you the amo � t of $63.631.84 for the needed documents for this project. The City will require a partial release of any mortgage. If this offer meets with your approval, I would request that you acknowledge with your signature below. I will need to obtain this signed letter and the enclosed W -9 so the check can be processed. It will take about three weeks in order to obtain the check. If you have any questions please feel free to contact me at the number listed above to discuss this project. Sincerely, Mike R. Craddock Terra Acquisition Services Cc Roger Stevens, Public Works Director City of Owasso �.a6* 1� "Ll� Agreed to: Robert and Petra Catharina Dodd Revocable Living Trust Robert Dodd, Trustee Date Petra Dodd, Trustee Date mike @terraacquisition.com • 918.605.1436 • 8458 S. College Avenue • Tulsa, OK 74137 io;:: REAL Paopla •REAL Chenelar •REAL Commonly TO: The Honorable Mayor and City Council FROM: Juliann M. Stevens, City Clerk SUBJECT: Citizen Request to Address the City Council DATE: February 1, 2019 BACKGROUND: In an email dated January 29, 2019, Alex Sokolosky requested to address the City Council regarding a demand letter requesting Pinnacle Performance Repair be declared a public noise nuisance. ATTACHMENTS: E -mail correspondence Dated January 29, 2019 Letter from Alex Sokolosky dated September 18, 2018 From: Alexander Sokoloskv To: Stevens. Julie Cc: 'Bill Willson ": Madalene A B. Wltterholt; Tara Rinck Subject: Addressing the City Council Date: Tuesday, January 29, 2019 3:15:48 PM Attachments: 2018-09-18 Letter to Owasso City Coundl.od f Ms. Stevens, Good afternoon. I hope all is well. It is my understanding that a citizen may address the City Council by providing notice to you by the Wednesday prior to the upcoming meeting. I currently represent Bill Wilson, an Owasso citizen, and Infinity Investigations, an Owasso business. We would like to address the City Council regarding the unlawful nuisance Mr. Wilson and Infinity have been subjected to as more fully laid out in the attached letter mailed to the City Council in September 2018. Please let me know if you need any further information. Thanks, This message may be protected by the attorney - client privilege and /or other privileges or protections. If you believe that it has been sent to you in error, do not read it. Please reply to the sender that you have received the message in error and then delete it. Thank you. Alex Sokolosky /h Attorney at Law V 500 Kennedy Building C R O W E 321 South Boston Avenue - Tulsa, OK 74103 DUNLEVy direct line: 918.592.9845 ATTOfLNE4S MD direct fax: 918.599.6386 COONSELOSSAT"W alex.sokoloskvldcrowedunlevvmr, nlnA/ur3Alen,ber v -card � bio website This message may be protected by the attorney - client privilege and /or other privileges or protections. If you believe that it has been sent to you in error, do not read it. Please reply to the sender that you have received the message in error and then delete it. Thank you. CD CROWE DUNLEVY ATTORNEYS AND COUNSELORSATLAW Alex Sokolosky Direct Tel: (918) 592 -9845 Direct Fax: (918) 599 -6386 September 18, 2018 Owasso City Council Old Central 109 N. Birch Owasso, OK 74055 Re: Infinity Investigations & Protective Services, LLC. Members of the Owasso City Council, alex.sokolosky@crowedunlevy.com I submit the following to you on behalf of Infinity Investigations & Protective Services, LLC, located at 104 W. Broadway Street, Owasso, OK 74055. Around the time of July 2017, Pinnacle Performance and Repair purchased a dynamometer machine that is used to test the horsepower of motor vehicles. If the sound of this machine is not properly controlled or mitigated, it produces unreasonable levels of noise. Pinnacle is located at 109 W. 1st Avenue, Owasso, OK 74055, and is therefore directly adjacent to Infinity. Pinnacle has not properly controlled or mitigated the machine's sound, and Infinity has consequently been forced to endure unreasonable levels of noise for over a year. Pinnacle has unlawfully interrupted and interfered with Infinity's business. The use of the machine causes Infinity's building to shake, precludes Infinity's employees from telephone use, and has caused Infinity direct financial harm. Infinity owns the building in which it is located and leases the remaining space to other tenants. Despite being offered dramatically reduced rent because of the noise levels, two of these tenants have been forced to vacate because of the intolerable sound. Infinity simply cannot conduct business in this environment. Months and months have elapsed, and Infinity has taken the appropriate steps to remedy the issue. Infinity has engaged in conversations with Pinnacle, contacted law enforcement, filed complaints, met with the City Attorney, and met with the Assistant City Manager. All of this to no avail: Pinnacle has received at least nine citations, but use of the dynamometer without any noise mitigation continues. A P R O F E S S I O N A L G O R P O R A T I O N OKLAHOMA CITY • BraniH Building • 324 N. Robinson Ave., Ste. 100 • Oklahoma'City. OK 73102 • 7:405.235.7700 • F: 405.239.6651 TULSA • 500 Kennedy Building • 321 S. Boston Ave. • Tulsa, OK 74103 • T; 918.592.9800 • F: 918.592.9801 DALLAS • Spaces McKirvley Avenue - 1919 McKinney Ave., Ste. 100 • Dallas, TX 75201 • T: 214.603.5922 • F: 214.692.2801 crowedunlevy.com September 18, 2018 Page 2 Pinnacle has violated (and continues to violate) many City Ordinances. Section 10 -311 provides: It is unlawful for any person to disturb the peace and quietude of any part of the city by operating, having operated, or permitting to be operated, any contrivance, whether electric or not, with or without a loud speaker, in such a manner as to emit loud music, noise, or words. This section shall not prohibit religious bodies from playing chimes, bells, carillons, or other religious music. And § 10 -312 provides: It is unlawful for any person to create any loud or unnecessary noises of such character, intensity, or duration as to be detrimental or disturbing to the peace, lives, or health of any individual. Section 10 -312 then enumerates examples of acts that are loud, disturbing, and unnecessary noises in violation of the section: 4. The use of any automobile, motorcycle, or vehicle so out of repair, so loaded, or operated in such a manner as to create a loud or unnecessary grating, grinding, rattling, or other noise. 5. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle, except through a muffler or other devices, which will effectively prevent loud or explosive noises therefrom. Use of the dynamometer disturbs the peace and quietude of the city with loud noise and thus violates § 10 -311. Further, use of the dynamometer creates loud and unnecessary noise that disturbs the peace, lives, or health of Infinity, its employees, and its tenants. Such usage violates b 10 -312. Pinnacle has created a nuisance, and Infinity now requests that the City Council abate it. Section 8- 308(B) grants any resident of the City the right to submit to the City Council "a statement as to the existence of a nuisance as defined by the ordinances of the city or law, and a request or recommendation that it be abated." Then, "[t]he council shall determine whether or not the alleged nuisance is a nuisance in fact." § 8- 308(C). And "[i]f the council finds that a nuisance does in fact exist, it shall direct the owner or other persons responsible for or causing the nuisance to abate it within a specified time." § 8- 308(D). The use of the dynamometer is a nuisance. A "nuisance" is "unlawfully doing an act, or omitting to perform a duty, or is any thing or condition which ... annoys, injures or endangers the comfort, repose, health or safety of others." § 8- 301(A). As outlined above, the machine literally shakes Infinity's building. The situation is more than annoying, and the machine does more than affect Infinity's repose: it directly prevents Infinity from conducting its daily business. September 18, 2018 Page 3 Abating this nuisance would not result in undue cost. The manufacturers and retailers of dynamometers recognize the unreasonable noise their machines create and offer any number of noise mitigation solutions.' Use of the dynamometer machine creates an unlawful (and unbearable) nuisance. Infinity thus requests that, pursuant to § 8 -308, the City Council direct that the nuisance be abated. Regards, Alex Sokol /osky MA 1 For example: htto• / /www taylordyno com/test- cell - solutions /facility - support- systems/sound control- solutions/ CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 01119119 Department Payroll Expenses Total Expenses 105 Municipal Court 6,088.97 8,364.97 110 Managerial 21,006.84 29,314.27 120 Finance 18,113.19 26,668.94 130 Human Resources 8,743.62 13,111.50 160 Community Development 14,615.86 23,498.50 170 Engineering 18,206.07 27,940.43 175 Information Systems 14,653.05 22,497.53 181 Support Services 8,773.54 13,036.45 190 Cemetery 1,238.40 1,911.64 201 Police Grant Overtime 2,233.11 2,262.51 215 Central Dispatch 23,802.12 40,250.43 221 Animal Control 3,173.60 5,005.00 250 Fire Safer Grant 23,436.80 37,301.91 280 Emergency Preparedness 2,168.26 3,472.55 370 Stormwater /ROW Maint. 8,193.54 11,258.71 515 Park Maintenance 5,052.47 8,005.43 520 Culture /Recreation 8,366.49 13,149.25 550 Community - Senior Center 5,252.10 7,144.57 580 Historical Museum 664.40 746.78 710 Economic Development 3,612.55 5,483.12 General Fund Total 197,394.98 300,424.49 185 Garage Fund Total 7,359.70 12 164.82 255 Ambulance Fund Total 553.85 622.53 250 Fire Fund 37 Total 160,498.12 244,303.80 201 Police Fund 38 Total 158,576.58 240,487.31 300 Streets Fund 39 Total 14,338.03 23,360.67 370 Stormwater Fund 27 Total 3,247.51 5,105.93 150 Worker's Compensation Total 5,350.56 6,420.60 720 Strong Neighborhoods Total CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 1/31/19 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE ADMIN FEES HCC LIFE INSURANCE STOP LOSS FEES HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE DENTAL DEPT TOTAL VSP VISION MEDICAL SERVICES ADMIN FEES VISION DEPT TOTAL AMOUNT 32,072.15 21,548.50 74,653.81 30,726.62 25,805.45 14,193.90 51,051.60 250,052.03 4,623.97 7,849.10 8,030.72 20,503.79 2,641.98 1,168.46 3,810.44 HEALTHCARE SELF INSURANCE FUND TOTAL 274,366.26