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HomeMy WebLinkAbout2019.07.16_City Council AgendaRECEIVED JUL 12 2019 PUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL City Clerk's Office Council Chambers, Old Central Building 109 North Birch, Owasso, OK 74055 Regular Meeting Tuesday, July 16, 2019 - 6:30 pm 1. Call to Order Mayor Chris Kelley 2. Invocation Pastor John -David Meissner of New Heights Church 3. Flag Salute 4. Roll Coll 5. Presentation of Employee of the Quarter Warren Lehr 6. Presentation of Proclamation Mayor Chris Kelley The Mayor will present a proclamation declaring July 16, 2019, as Owasso Rams Varsity Boys Golf Day, in recognition of winning the 2019 Oklahoma Class 6A Golf State Championship. 7. 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 • July 2, 2019, Regular Meeting • July 9, 2019, Regular Meeting B. Approve claims 8. Consideration and appropriate action relating to items removed from the Consent Agenda 9. PUBLIC HEARING -The City Council will conduct a public hearing for the purpose of receiving citizen input relating to a proposed amendment to the Owasso Zoning Code, Chapter 10: Overlay Districts, Section 10.4, Uses in the US -169 Overlay District Karl Fritschen 10. Consideration and appropriate action relating to Ordinance 1151, for the annexation of approximately 2.5 acres located at 11707 East 106th Street North and rezoning from Agriculture to Residential Single - Family High Density as referenced in application OA 19 -03 and OZ 19 -03 Morgan Pemberton Staff recommends adoption of Ordinance 1151. Owasso City Council July 16, 2019 Page 2 11. Consideration and appropriate action relating to the award of a bid for the purchase of police vehicle equipment Larry White Staff recommends awarding the base bid to Ka -Comm Inc., of Wichita, Kansas, in the amount of $34,003.63. 12. Consideration and appropriate action relating to the award of a bid for the East 96th Street North Stormwater Drainage Improvement Project Dwayne Henderson Staff recommends awarding the base bid and alternates #1 and #2 to Dirt Wurx, LLC, of Wagoner, Oklahoma, in the amount of $252,593.88, and authorization for the Mayor to execute the construction agreement. 13. Consideration and appropriate action relating to the award of a bid for the Nottingham Stormwater Drainage Improvement Project Dwayne Henderson Staff recommends awarding the base bid to Timber Wolf Excavating, LLC, of Broken Arrow, Oklahoma, in the amount of $57,594.00, and authorization for the Mayor to execute the construction agreement. 14. Consideration and appropriate action relating to the award of a bid for the 2019 Street Rehabilitation Project Dwayne Henderson Staff recommends awarding the base bid and alternate #1 to Grade Line Construction, LLC, of Broken Arrow, Oklahoma, in the amount of $2,123,846.25, and authorization for the Mayor to execute the construction agreement. 15. Consideration and appropriate action relating to a supplemental funding agreement with the Oklahoma Department of Transportation (ODOT) for the North Garnett Road Improvement Project, from East 96th Street North to East 106th Street North Dwayne Henderson Staff recommends approval of the supplemental funding agreement between the City of Owasso and Oklahoma Department of Transportation in the amount of $1,357,453.00 and authorization for payment to the Oklahoma Department of Transportation. 16. Consideration and appropriate action relating to a professional service agreement for the design of the SK Heart Healthy Trail and Funtastic Island renovations and splash pad Larry Langford Staff recommends approval of the professional design services agreement with Planning Design Group, Inc. of Tulsa, Oklahoma, in the amount of $91,700.00, and authorization for the Mayor to execute the agreement. Owasso City Council July 16, 2019 Page 3 17. Consideration and appropriate action relating to Resolution 2019 -15, approving action taken by the Owasso Public Works Authority authorizing issuance, sale and delivery of the Authority's Series 2019 Promissory Note to Oklahoma Water Resources Board; ratifying and confirming a Lease Agreement; authorizing documents pertaining to a year -to -year pledge of certain sales tax revenue; and containing other provisions related thereto Linda Jones Staff recommends approval of Resolution 2019 -15. 18. Consideration and appropriate action relating to Resolution 2019 -16, resolving the necessity of instituting and prosecuting condemnation procedures to obtain utility and temporary easements located at 11625 North 1131h East Avenue, Owasso, Oklahoma (Keys Plus Properties, LLC) Julie Lombardi Staff recommends approval of Resolution 2019 -16. 19. Report from City Manager 20. Report from City Attorney 21. Report from City Councilors 22. 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 July 6, 2019 • Health Care Self- Insurance Claims - dated as of July 11, 2019 • Monthly Budget Status Report - June 2019 23. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 24. 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, July 12, 2019. wj;, Juli M. Stevens, City Jerk 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@cityofowasso.com The City of Owasso, Oklahoma Proclamation WHEREAS, the City of Owasso is proud to recognize the achievements of the 2019 Owasso Rams Varsity Boys Golf Team and coaching staff who have created a positive reputation and image for the City of Owasso; and, WHEREAS, on Tuesday May 7, 2019, at Rose Creek in Edmond, Oklahoma, the Owasso Varsity Boys Golf Team won the 2019 Oklahoma Class 6A Golf State Championship, defeating long -time rivals, Edmond North; and, WHEREAS, Corey Burd, Coach of the Owasso Varsity Boys Golf Team and recognized as the 2019 All -World Boys Golf Coach of the Year, leads by example with dedication and determination, provides motivating encouragement, builds positive character, and challenges each member of the team; and, WHEREAS, on May 15, 2019, the team was presented with a Citation by Oklahoma House of Representative, District 74, Mark Vancuren, and Oklahoma Senator, District 34, J.J. Dossett, congratulating the team on their victory; and, WHEREAS, these students have represented the City of Owasso displaying a high standard of excellence and positive character, achieving success for their school, their families, their community, and themselves. NOW, THEREFORE, I, Chris Kelley, by virtue of the authority vested in me as Mayor of the City of Owasso, do hereby proclaim July 16, 2019, as Owasso Rams Varsity Boys Golf Day in the City of Owasso, and do further encourage all Owasso residents to express their congratulations to the team, coaching staff, and families who have supported these young men through all of the many practices and games. IN WITNESS THEREOF, I have hereunto set my hand and caused the seal of the City of Owasso to be affixed this 16'h day of July, 2019. Chris Kelley, Mayor OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, July 2, 2019 The Owasso City Council met in regular session on Tuesday, July 2, 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, June 28, 2019. 1. Call to Order Mayor Chris Kelley called the meeting to order at 6:30pm. 2. Invocation The Invocation was offered by Sarah Thornhill, Associate Pastor of First United Methodist 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 Bonebrake 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 Responsibility Larry Langford, Character Council Member, presented the character trait for the month of July. 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 June 18, 2019, Regular Meeting B. Approve claims Mr. Bonebrake moved, seconded by Ms. Lewis to approve the Consent Agenda as presented with claims totaling $726,001.67. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 7. Consideration and appropriate action relating to items removed from the Consent Agenda None Owasso City Council July 2, 2019 Page 2 8. Consideration and appropriate action relating to a renewal of the Master Services Agreement with First Responder Support Services (FRSS) for professional behavioral health services Michele Dempster presented the item, recommending approval of the Second Renewal Agreement with First Responder Support Services in the amount of $31,690.80. There were no comments from the audience. After discussion, Ms. Lewis moved, seconded by Mr. Bonebrake to approve the agreement, as recommended. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 Consideration and appropriate action relating to the settlement of a tort claim and authorization for payment Michele Dempster presented the item, recommending authorization to settle the tort claim and make payments totaling $30,638.81, with $22,519.67 payable to Traci Nyman and $8,119.14 payable to Geico Insurance Company. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn, to authorize settlement and payments, as recommended. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 10. Consideration and appropriate action relating to Case No. CJ- 2019 -1530, City of Owasso vs. Robert Dodd and Petra Catharina Dodd, Trustees of the Robert Dodd and Petra Catharina Dodd Revocable Living Trust, et at, condemnation procedures to obtain property located at 10920 North Garnett Road Julie Lombardi presented the item, recommending approval of Commissioners' Report, and authorization for payment to the District Court of Tulsa County of the Commissioners' Award in the amount of $154,000, Commissioners' Fees in the amount of $2,700, poundage and such other fees and costs as necessary to take possession of the land. There were no comments from the audience. After discussion, Mr. Bush moved, seconded by Ms. Lewis to approve the report and authorize payment, as recommended. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion. carried: 5 -0 11. Report from City Manager Warren Lehr reported on the receipt of an energy rebate received from Public Service Company (PSO); the improvements to the City's website; the anticipated arrival of Mayor Christine Guillemy and Vice Mayor Paul Fournie from Chaumont France; and the annual Red White and Boom celebration. 12. Report from City Attorney None 13. Report from City Councilors None 14. Official Notices to Council (documents for acknowledgment of receipt or information only, no discussion or action will be taken) The Mayor acknowledged receipt of the following: • Payroll Payment Report - Pay Period Ending Date June 22, 2019 • Health Care Self- Insurance Claims - dated as of June 27, 2019 Owasso City Council July 2, 2019 Page 3 15. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) None 16. Adjournment Mr. Bonebrake moved, seconded by Ms. Lewis to adjourn the meeting. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 and the meeting adjourned at 6:57 pm. Chris Kelley, Mayor Juliann M. Stevens, City Clerk OWASSO CITY COUNCIL, PUBLIC WORKS AUTHORITY, AND PUBLIC GOLF AUTHORITY MINUTES OF JOINT REGULAR MEETING Tuesday, July 9, 2019 The Owasso City Council, Owasso Public Works Authority (OPWA), and Owasso Public Golf Authority (OPGA) met in a joint regular meeting on Tuesday, July 9, 2019, in the Council Chambers at Old Central, 109 North Birch Street, 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, July 5, 2019. 1. Call to Order /Roll Call Present Councilor /Trustee - Doug Bonebrake Councilor /Trustee - Lyndell Dunn Councilor /Trustee - Kelly Lewis A quorum was declared present. Absent Mayor /Chair -Chris Kelley Vice Mayor /Vice Chair - Bill Bush In the absence of the Mayor and Vice Mayor, the City Clerk, Juliann M. Stevens, called the meeting to order at 6:00 pm, and requested a motion to appoint a Temporary Chair. Mr. Dunn moved, seconded by Ms. Lewis to appoint Mr. Bonebrake as Temporary Chair. YEA: Dunn, Lewis, Bonebrake NAY: None Motion carried: 3 -0 2. Discussion relating to Owasso Public Works Authority capital project financing through the Oklahoma Water Resources Board Linda Jones and Ben Oglesby, Municipal Finance Service, Inc., presented the item and discussion was held. It was further explained that an item would be placed on the July 16, City Council and OPWA agendas for consideration and action. 3. Discussion relating to Community Development Items A. Proposed amendment to the Owasso Zoning Code, Chapter 10: Overlay Districts, Section 10.4, Uses in the US -169 Overlay District B. Request for Annexation (OA 19 -03) and rezoning (OZ 19 -03) of approximately 2.5 acres located at 11707 East 1061h Street North Brian Dempster and Karl Fritschen presented item A and discussion was held. It was further explained that the item would be placed on the July 16, City Council agenda for a public hearing. Morgan Pemberton presented item B and discussion was held. It was further explained that the item would be placed on the July 16, City Council agenda for consideration and action. 4. Discussion relating to proposed amendments to the Owasso Code of Ordinances A. Part 3, Alcoholic Beverages, Section 3 -114 Consuming Spirits in Public; Intoxication B. Part 10, Offenses and Crimes, Sections 10 -201 Petit Larceny Prohibited; 10 -401 Public Intoxication and Drinking Prohibited; 10 -402 Marijuana Prohibited Julie Lombardi and Scott Chambless presented both items and discussion was held. It was further explained that the items would be placed on a future City Council agenda for additional discussion. 5. Discussion relating to City Manager items A. Proposed professional services agreement - 5K Heart Healthy Trail and Funtastic Island renovations and splash pad B. Monthly sales fax report C. City Manager report Warren Lehr presented item A and discussion was held. It was further explained that this item would be placed on the July 16, City Council agenda for consideration and action. Jennifer Owasso City Council, OPWA & OPGA July 9, 2019 Page 2 Newman presented item B and discussion was held. Mr. Lehr reported on the Planning Commission election of Dr. Loving as Chair and Tim Miller as Vice Chair; the recent visit from Chaumont, France Mayor Christine Guillemy and Vice Mayor Paul Fourni6; and Owasso's response to the E 911 outage across the region. 6. City Councilor /Trustee comments and inquiries Mr. Bonebrake commented on the City's annual fireworks display. 7. Adjournment Mr. Dunn moved, seconded by Ms. Lewis to adjourn the meeting. YEA: Dunn, Lewis, Bonebrake NAY: None Motion carried: 3 -0 The meeting adjourned at 6:57 pm. Doug Bonebrake, Temporary Chair Juliann M. Stevens, City Clerk Fund 01 GENERAL Claims List - 7/16/2019 Vendor Name Payable Description Payment JPMORGAN CHASE BANK AMAX -NAME PLATE Amount AT &T CONSOLIDATED PHONE $28.45 BLUE ENERGY FUELS, LLC CNG FUEL PURCH $9,68 CITY GARAGE LABOR/OVERHEAD - JULY, 20 $305.17 CITY GARAGE VEH PARTS /JUNE 2019 $678.60 FLEETCOR TECHNOLOGIES FUELMAN EXP -JUNE $91.66 JPMORGAN CHASE BANK WATERSTONE- CLEANING $107.85 GEN ANIMAL CONTROL -Total OFFICE DEPOT - SUPPLIES $1,221.41 UNIFIRST HOLDINGS LP UNIFORM SERVICE $19.64 VERDIGRIS VALLEY ELECTRIC COOP CEMETERY ELECTRIC $32.26 GEN CEMETERY -Total STORM SIREN ELECTRIC $51.90 JPMORGAN CHASE BANK SUPPLIES $84,90 GEN COMM CTR DONATIONS -Total SERVICES $84.90 AT &T CONSOLIDATED PHONE $44.58 JPMORGAN CHASE BANK LOWES- SUPPLIES $11.44 JPMORGAN CHASE BANK MILL CREEK - FLOORING $1,371.09 JPMORGAN CHASE BANK OWASSO KEYS - REPAIR $52.00 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $118.57 GEN COMMUNITY CENTER -Total $1,597.68 BLUE ENERGY FUELS, LLC CNG FUEL PURCH $61.33 CITY GARAGE LABOR/OVERHEAD - JULY, 20 $433.75 FLEETCOR TECHNOLOGIES FUELMAN EXP -JUNE $141.29 JPMORGAN CHASE BANK ]CC-TRAINING $209.00 JPMORGAN CHASE BANK LOWES - SUPPLIES $39.94 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $66.59 JPMORGAN CHASE BANK OK POLICE SPLY- CITATI $24.95 GEN COMMUNITY DEVELOPMENT -Total $976.85 JPMORGAN CHASE BANK AMAX -NAME PLATE $27.00 GEN CULTURE & RECREATION - Total $27,00 CHELSEA LEVO FEARY TUITION REIMBURSEMENT $1,420.80 JPMORGAN CHASE BANK MEETING EXPENSE $56.92 GEN ECONOMIC DEV -Total $1,477,72 CITY GARAGE LABORIOVERHEAD - JULY, 20 $74.33 CITY GARAGE VEH PARTS /JUNE 2019 $16.77 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $44.65 JPMORGAN CHASE BANK SAMS - SUPPLIES $29.80 TREASURER PETTY CASH ANTENNA $49,98 VERDIGRIS VALLEY ELECTRIC COOP STORM SIREN ELECTRIC $95.04 GEN EMERG PREPAREDNESS -Total $310.57 ALABACK DESIGN ASSOCIATES, INC SERVICES $1,625.00 BLUE ENERGY FUELS, LLC CNG FUEL PURCH $28.95 1 Claims List - 7/16/2019 Fund Vendor Name Payable Description Payment Amount 01 GENERAL CITY GARAGE LABOR /OVERHEAD - JULY, 20 $586.08 FLEETCOR TECHNOLOGIES FUELMAN EXP -JUNE $270.56 JPMORGAN CHASE BANK ACADEMY -BOOTS $59.99 UNIFIRST HOLDINGS LP UNIFORM SERVICE $56.66 GEN ENGINEERING -Total $2,627.24 CITY GARAGE LABOR /OVERHEAD - JULY, 20 $68.08 CITY GARAGE VEH PARTS /JUNE 2019 $17.75 FLEETCOR TECHNOLOGIES FUELMAN EXP -JUNE $11.84 JPMORGAN CHASE BANK CHICKASAW -PHONE $508.63 JPMORGAN CHASE BANK PIKEPASS -FEES $12.35 JPMORGAN CHASE BANK VALIANT - WINDOW TINTIN $2,934.75 GEN FINANCE -Total $3,553.40 AMERICANCHECKED, INC ATTN: BILLING BACKGROUND CHECKS $62.40 AT &T CONSOLIDATED PHONE $704.31 JPMORGAN CHASE BANK ADMIRAL EXP - SUPPLIES $57.98 JPMORGAN CHASE BANK MAILFINANCE -LEASE $1,110.66 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $149.37 RICOH USA, INC COPIER SUPPLIES $199.49 RICOH USA, INC. COPIER SERVICE $152.70 SUMNERONE INC UPSTAIRS COPIER $692.20 GEN GENERAL GOVERNMENT -Total $3,129,11 AT &T CONSOLIDATED PHONE $16.11 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $37.59 GEN HISTORICAL MUSEUM -Total VEH PARTS /JUNE 2019 $53.70 AMERICANCHECKED, INC ATTN: BILLING BACKGROUND CHECKS $268.90 COMMUNITYCARE EAP EMPLOYEE ASSISTANCE $267.00 JPMORGAN CHASE BANK PROGR $18.17 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $47.48 NAVEX GLOBAL, INC SILENT WHISTLE $1,910.08 RICH & CARTMILL, INC NOTARY BOND $30.00 TREASURER PETTY CASH REGISTRATION COPIES $107.00 GEN HUMAN RESOURCES -Total $2,630.46 AT &T CONSOLIDATED PHONE $23.31 CITY GARAGE LABOR /OVERHEAD - JULY, 20 $68.08 CITY GARAGE VEH PARTS /JUNE 2019 $19.87 FLEETCOR TECHNOLOGIES FUELMAN EXP -JUNE $32.83 JPMORGAN CHASE BANK GODADDY- DOMAINS $119.88 JPMORGAN CHASE BANK GODADDYCOM- DOMAIN REN $18.17 JPMORGAN CHASE BANK GODADDYCOM- DOMAINS $163.36 JPMORGAN CHASE BANK LOGMEIN- RENEWAL $1,659.99 JPMORGAN CHASE BANK STORMWIND- TRAINING $2,990.00 3 Claims List - 7/16/2019 Fund Vendor Name Payable Description Payment Amount 01 GENERAL JPMORGAN CHASE BANK TRAVEL EXPENSE $54.64 RAMUNDSEN SUPERIOR HOLDINGS MAINTENANCE RENEWAL FOR $46,444.64 F GEN INFORMATION TECH -Total $51,594.77 CITY GARAGE LABOR /OVERHEAD - JULY, 20 $89.92 FLEETCOR TECHNOLOGIES FUELMAN EXP -JUNE $24.32 JPMORGAN CHASE BANK MEETING EXPENSE $12.00 GEN MANAGERIAL -Total HEADSETS - SUPPLIES $126.24 AT &T CONSOLIDATED PHONE $12.34 BLUE ENERGY FUELS, LLC CNG FUEL PURCH $108.88 BOZ ENTERPRISES, INC DIRT $2,250.00 CITY GARAGE LABOR/OVERHEAD - JULY, 20 $1,636.83 CITY GARAGE VEH PARTSIJUNE 2019 $25.95 FLEETCOR TECHNOLOGIES FUELMAN EXP -JUNE $617.19 JPMORGAN CHASE BANK ATWOODS- GLOVES $30.98 JPMORGAN CHASE BANK BERTREM -PUMP $2,366.00 JPMORGAN CHASE BANK C &C SPLY- SUPPLIES $389.80 JPMORGAN CHASE BANK CORNERSTONE -PARTS $37.74 JPMORGAN CHASE BANK CORNERSTONE -SAW CHAIN $20.99 JPMORGAN CHASE BANK CORNERSTONE - SUPPLIES $35.99 JPMORGAN CHASE BANK LOWES- SUPPLIES $96.32 JPMORGAN CHASE BANK P &K -PARTS $24.40 MBE ENTERPRISES, LLC TREE REMOVAL $3,500.00 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $36.25 OWASSO TOP SOIL DIRT $1,500.00 PLAY BY DESIGN, INC. MULCH $9,050.00 PROTECTION ONE ALARM MONITORING PARKS OFFICE ALARM $73.94 INC UNIFIRST HOLDINGS LP PARKS STAFF UNIFORMS $28.49 UNIFIRST HOLDINGS LP UNIFORM SERVICE $22.72 GEN PARKS -Total $21,864.81 AT &T CONSOLIDATED PHONE 5321.85 JPMORGAN CHASE BANK AMAZON- SUPPLIES $199.97 JPMORGAN CHASE BANK APCO- TRAINING $30.00 JPMORGAN CHASE BANK HEADSETS - SUPPLIES $405.65 JPMORGAN CHASE BANK [TOUCH -PRINT SCANNER $21,350.00 JPMORGAN CHASE BANK LODGING EXPENSE $380.00 JPMORGAN CHASE BANK MAIL THIS - POSTAGE $15.22 JPMORGAN CHASE BANK QUEENSBORO IND- UNIFOR $419.32 JPMORGAN CHASE BANK TRAVEL EXPENSE $109.58 JPMORGAN CHASE BANK WALMART- PRISON BOARD $53.36 JPMORGAN CHASE BANK WATERSTONE- CLEANING $133.90 3 Claims List - 7/16/2019 Fund Vendor Name Payable Description Payment Amount 01 GENERAL GEN POLICE COMMUNICATIONS -Total $23,418.85 JPMORGAN CHASE BANK GALLS -VEST $1,264.05 GEN POLICE DOJ VEST GIRT -Total $1,264.05 JPMORGAN CHASE BANK LODGING EXPENSE $380.00 GEN POLICE SERVICES -Total CNG FUEL PURCH $380.00 BLUE ENERGY FUELS, LLC CNG FUEL PURCH $538.44 CITY GARAGE LABORIOVERHEAD - JULY, 20 $3,996.17 CITY GARAGE VEH PARTS /JUNE 2019 $326.97 FLEETCOR TECHNOLOGIES FUELMAN EXP -JUNE $593.07 JPMORGAN CHASE BANK ATWOODS- SUPPLIES $179.84 JPMORGAN CHASE BANK BUMP2BUMP -BOLTS $9.50 JPMORGAN CHASE BANK LOWES - SUPPLIES $28.06 JPMORGAN CHASE BANK LOWES -TOOLS $87.90 SPIRIT LANDSCAPE MANAGEMENT LLC MONTHLY LANDSCAPE, 9348 $21625 SPIRIT LANDSCAPE MANAGEMENT LLC MONTHLY LANDSCAPE, 9439 $410.00 UNIFIRST HOLDINGS LP UNIFORM SERVICE $177.40 GEN STORMWATER -Total $6,563.60 AT &T CONSOLIDATED PHONE $46.63 BLUE ENERGY FUELS, LLC CNG FUEL PURCH $88,12 CITY GARAGE LABOR/OVERHEAD - JULY, 20 $797.42 CITY GARAGE VEH PARTS /JUNE 2019 $90.62 FLEETCOR TECHNOLOGIES FUELMAN EXP -JUNE $48,58 JPMORGAN CHASE BANK AMAZON- SECURITY CAMER $134.99 JPMORGAN CHASE BANK AMAZON- SUPPLIES $26.98 JPMORGAN CHASE BANK BEWLEY- SUPPLIES $432.07 JPMORGAN CHASE BANK FIA INC -PARTS $134.20 JPMORGAN CHASE BANK LOWES -PARTS $44.99 JPMORGAN CHASE BANK LOWES - SUPPLIES $349.66 JPMORGAN CHASE BANK LOWES -TOOLS $745,99 JPMORGAN CHASE BANK OFFICE DEPOT - RETURN ($93.99) JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $6.99 JPMORGAN CHASE BANK WALMART- SUPPLIES $21.13 RICK LEE DUTTON PEST CONTROL SERVICES $160.00 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES $47.20 GEN SUPPORT SERVICES -Total $3,081.58 AEP IPSO STREET LIGHTS $9.00 GENERAL -Total $9.00 GENERAL -Total $126,044.84 20 AMBULANCE SERVICE CITY GARAGE LABORIOVERHEAD - JULY, 20 $931.00 CITY GARAGE VEH PARTS /JUNE 2019 $2,715.43 C! Claims List - 7/16/2019 Fund Vendor Name Payable Description Payment Amount 20 AMBULANCE SERVICE FLEETCOR TECHNOLOGIES FUELMAN EXP -JUNE $2,891.03 JPMORGAN CHASE BANK AMERICAN- AIRFARE $1,320.50 JPMORGAN CHASE BANK AMERICAN - BAGGAGE FEE $70.00 JPMORGAN CHASE BANK ARROW INT'L- SUPPLIES $1,345.50 JPMORGAN CHASE BANK BOUND TREE - SUPPLIES $1,352.66 JPMORGAN CHASE BANK HENRY SCHEIN- MEDICAL $979.27 JPMORGAN CHASE BANK HENRY SCHEIN- RETURN ($182.40) JPMORGAN CHASE BANK HENRY SCHEIN- SUPPLIES $2,845.99 JPMORGAN CHASE BANK LIFE ASSIST- SUPPLIES $168.00 JPMORGAN CHASE BANK LOWES- HARDWARE $2.36 JPMORGAN CHASE BANK OREILLY -CLAMP $1,01 JPMORGAN CHASE BANK TRAVEL EXPENSE $106.87 JPMORGAN CHASE BANK ULINE- SUPPLIES $328.76 JPMORGAN CHASE BANK ZOLL - SUPPLIES $918.40 AMBULANCE -Total AMBULANCE SERVICE -Total $15,794.38 BEVERLY LOVELESS AMBULANCE REFUND $86.99 BLUE CROSS BLUE SHIELD AMBULANCE REFUND $834.27 BRITTNEY SPARKS AMBULANCE REFUND $5.00 DONETTA BROWN AMBULANCE REFUND $1.54 ERIN BERNART AMBULANCE REFUND $109.94 INEZ PIERSON AMBULANCE REFUND $101.39 JAMES ROBERTS AMBULANCE REFUND $117.04 JOYCE SHATTO AMBULANCE REFUND $245.00 JULIA BRINTNALL AMBULANCE REFUND $72.64 NORMA DORSEY AMBULANCE REFUND $109.94 SHELBY CANNON AMBULANCE REFUND $25.00 UNITED HEALTHCARE AMBULANCE REFUND $527.00 VIRGINIA HUMPHREY AMBULANCE REFUND $105.52 A AMBULANCE SERVICE -Total $2,341.27 AMBULANCE SERVICE -Total $18,135.65 21 E -911 AT &T T -1 CIRCUITS $949.53 COX COMMUNICATIONS SVC FEE T -1 CIRCUIT $231.75 VERTIV CORPORATION POWER/BATTERY MODULE $1,760.85 SVC E911 COMMUNICATIONS -Total $2,942.13 E -911 -Total $2,942.13 25 HOTEL TAX GOVERNOR'S ECONOMIC DEVELOPMENT REGISTRATION FEE $100.00 IMPACT DATASOURCE, LLC SUBSCRIPTION FEE $5,500.00 JPMORGAN CHASE BANK AARON KETTERLING -SVC $5,500.00 JPMORGAN CHASE BANK DELTA - BAGGAGE FEE $60.00 JPMORGAN CHASE BANK GIRT SOUTHERN -WEB MAIN $500.00 A Claims List - 7/16/2019 Fund Vendor Name Payable Description Payment $34,585.76 36 CAPITAL IMPROV GRANTS Amount 25 HOTEL TAX JPMORGAN CHASE BANK MEETING EXPENSE $15.00 CAPITAL IMPROV GRANTS JPMORGAN CHASE BANK SAV ON- SUPPLIES $50.00 AT &T CONSOLIDATED PHONE JPMORGAN CHASE BANK SURVEY MONKEY -SUB FEE $384.00 JPMORGAN CHASE BANK TRAVELEXPENSE $109.57 JPMORGAN CHASE BANK UBER -FEE $20.17 JPMORGAN CHASE BANK WEIHAAS -MAINT FEE $600.00 OKLAHOMA BUSINESS ROUNDTABLE RECEPTION $1,000.00 HOTEL TAX ECON DEV - Total $13,838.74 CITY GARAGE LABOR /OVERHEAD -JULY, 20 $139.58 FLEETCOR TECHNOLOGIES FUELMAN EXP -JUNE $83.12 JPMORGAN CHASE BANK PIKEPASS -FEES $28,95 KEEP OKLAHOMA BEAUTIFUL INC ANNUAL AFFILIATE DUES $200.00 STRONG NEIGHBORHOODS -Total $451.65 HOTELTAX -Total $14,290.39 27 STORMWATER MANAGEMENT MESHEK & ASSOCIATES, P.L.C. ENGINEERING SERVICES - EL $2,000.99 ELM CREEK PARK - Total $2,000.99 JPMORGAN CHASE BANK MEETING EXPENSE $30.00 JPMORGAN CHASE BANK SITEONE -EQUIP $5,486.83 JPMORGAN CHASE BANK TRACTOR SPLY - SUPPLIES $419.97 LOT MAINTENANCE OF OKLAHOMA, INC. MOWING $823.02 MESHEK & ASSOCIATES, P.L.C. ENGINEERING SERVICES - MI $378.75 UNIFIRST HOLDINGS LP UNIFORM SERVICE $10.96 STORMWATER - STORMWATER -Total $7,149.53 STORMWATER MANAGEMENT -Total $9,150.52 31 AMBULANCE CAPITAL JPMORGAN CHASE BANK MAGNETICMIC -CLIPS $81.35 JPMORGAN CHASE BANK SCOSCHE- DEVICE $29.98 AMBULANCE CAPITAL FD -Total $111.33 AMBULANCE CAPITAL -Total $111.33 34 VISION TAX DAVID C ROBERSON APPRAISAL SERVICES $2,500.00 116THIGARNETT INTERS IMPR - Total $2,500.00 BKL INCORPORATED ENGINEERING SERVICES - E $32,085.76 CITY GARAGE LABOR /OVERHEAD -JULY, 20 $2,279.00 CITY GARAGE VEH PARTS /JUNE 2019 $738.64 VSN RECAP 96TH1119.129TH -Total $32,085.76 VISION TAX -Total $34,585.76 36 CAPITAL IMPROV GRANTS BUILDERS UNLIMITED REDBUD FESTIVAL PARK - VI $24,033.88 VSN 2025 FESTIVAL PARK -Total $24,033.88 CAPITAL IMPROV GRANTS -Total $24,033.88 37 SALES TAX FIRE AT &T CONSOLIDATED PHONE $61.72 CITY GARAGE LABOR /OVERHEAD -JULY, 20 $2,279.00 CITY GARAGE VEH PARTS /JUNE 2019 $738.64 Claims List - 7/16/2019 Fund Vendor Name Payable Description Payment Amount 37 SALES TAX FIRE DALE & LEES SERVICE, INC STATION 4 REPAIRS $253.00 FLEETCOR TECHNOLOGIES FUELMAN EXP -JUNE $2,53710 JPMORGAN CHASE BANK ACCURATE FIRE -FIRE EX $34.45 JPMORGAN CHASE BANK NAFECO -PPE HELMETS $994.40 JPMORGAN CHASE BANK ROTOROOTER- SERVICE $242.00 JPMORGAN CHASE BANK SAMS- SUPPLIES $45.90 JPMORGAN CHASE BANK WASH CO RWD #3 -WATER $2,067.26 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $384.26 SALES TAX FUND -FIRE -Total $9,637.73 SALES TAX FIRE - Total $9,637.73 38 SALES TAX POLICE AT &T CONSOLIDATED PHONE $689.76 BLUE ENERGY FUELS, LLC CNG FUEL PURCH $7,45 CITY GARAGE LABOR/OVERHEAD - JULY, 20 $10,660.67 CITY GARAGE VEH PARTS /JUNE 2019 $7,445.84 COLOSSUS, INC. INTERACT MOBILECOP $1,881.12 COPY WORLD BUSINESS SOLUTIONS, LLC COPIER SERVICE $105.00 FLEETCOR TECHNOLOGIES FUELMAN EXP -JUNE $7,741.67 JPMORGAN CHASE BANK ACADEMY- SUPPLIES $142.94 JPMORGAN CHASE BANK ACADEMY -TOOLS $79,16 JPMORGAN CHASE BANK AMAZON- SUPPLIES $422.47 JPMORGAN CHASE BANK AMAZON- UNIFORM $149.95 JPMORGAN CHASE BANK AMER WASTE- RENTAL $109.54 JPMORGAN CHASE BANK ATWOODS- SUPPLIES $22.99 JPMORGAN CHASE BANK AXON -TASER ASSURANCE $5,465.40 JPMORGAN CHASE BANK BAYSINGERS- UNIFORM $3,599.27 JPMORGAN CHASE BANK CVS- SUPPLIES $2.77 JPMORGAN CHASE BANK FAMILY ANIMAL -K9 MED $609.15 JPMORGAN CHASE BANK GALLS - UNIFORM $109.95 JPMORGAN CHASE BANK GALLS -VEST $1,837.80 JPMORGAN CHASE BANK HALLETT- RENTAL $5,250.00 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $8.51 JPMORGAN CHASE BANK LOWES -EQUIP $411.68 JPMORGAN CHASE BANK LOWES- RETURN ($33.70) JPMORGAN CHASE BANK LOWES- SUPPLIES $5.18 JPMORGAN CHASE BANK MTM RECOG- UNIFORM $412.66 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $31.90 JPMORGAN CHASE BANK PEPPERBALL- TRAINING $395.00 JPMORGAN CHASE BANK SAMS -EQUIP $359.96 JPMORGAN CHASE BANK SAMS- SUPPLIES $148.80 JPMORGAN CHASE BANK SECURE- PROF/TECH $719.00 JPMORGAN CHASE BANK SOUTH STAMP- NOTARY $49.40 7 Claims List - 7/16/2019 Fund Vendor Name Payable Description Payment Amount 38 SALES TAX POLICE JPMORGAN CHASE BANK SOUTHERN AG- SUPPLIES $5.89 JPMORGAN CHASE BANK SPECIAL OPS- UNIFORM $3,317.05 JPMORGAN CHASE BANK TRAVEL EXPENSE $111.99 JPMORGAN CHASE BANK UPS - SHIPPING 549.19 JPMORGAN CHASE BANK LISPS- POSTAGE $106.08 JPMORGAN CHASE BANK WALMART - SUPPLIES $19.08 JPMORGAN CHASE BANK WATERSTONE- CLEANING $2,547.12 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $212.69 RICK LEE DUTTON PEST CONTROL SERVICES $160.00 SOME'S UNIFORMS INC UNIFORMS $373.00 SPECIAL OPS UNIFORMS, INC UNIFORM $24.00 THOMAS ALAN HOFFMANN EVALUATION $125.00 SALES TAX FUND - POLICE -Total $55,892.38 SALES TAX POLICE -Total $55,892.38 39 SALES TAX STREETS AEP /PSO STREET LIGHTS $6,869.21 APAC - OKLAHOMA, INC. ASPHALT $429.52 BLUE ENERGY FUELS, LLC CNG FUEL PURCH $285.06 CITY GARAGE LABOR /OVERHEAD - JULY, 20 $2,975.17 CITY GARAGE VEH PARTS /JUNE 2019 $338.60 FLEETCOR TECHNOLOGIES FUELMAN EXP -JUNE $1,326.67 JPMORGAN CHASE BANK ATWOODS -BOLT $0,89 JPMORGAN CHASE BANK DEQ -LIC RENEW $92.00 JPMORGAN CHASE BANK DUNHAMS- ASPHALT $336.05 JPMORGAN CHASE BANK ELLIS CONSTR -METAL FO $823.86 JPMORGAN CHASE BANK LOWES -FORM BOARDS $14.04 JPMORGAN CHASE BANK LOWES -PAINT $39.36 JPMORGAN CHASE BANK LOWES- SUPPLIES $53.01 JPMORGAN CHASE BANK OFFICE DEPOT -FLASH DR $39.97 JPMORGAN CHASE BANK OZARK -EQUIP $172.05 JPMORGAN CHASE BANK RED WING -BOOTS $274.48 JPMORGAN CHASE BANK TRAVEL EXPENSE $64.21 JPMORGAN CHASE BANK WAVETRONIX -PARTS $9,621.34 OWASSO TOP SOIL DIRT $45.00 TULSA COUNTY HIGHWAY SIGNS $757.00 CONSTRUCTION TWIN CITIES READY MIX, INC CONCRETE $2,300.00 UNIFIRST HOLDINGS LP UNIFORM SERVICE $243.10 VERDIGRIS VALLEY ELECTRIC COOP CHAMPION STREET LIGHT $83.06 VERDIGRIS VALLEY ELECTRIC COOP SECURITY LIGHT $6.96 SALES TAX FUND- STREETS -Total $27,190.61 SALES TAX STREETS - Total $27,190.61 N Claims List - 7/16/2019 Fund Vendor Name Payable Description Payment Amount 40 CAPITAL IMPROVEMENTS NABHOLZ CONSTRUCTION CORPORATION CONSTRUCTION SERVICES $58,746.30 CI - POLICE BLDG -Total $58,746.30 GARVER ENGINEERING SERVICES ACRE $8,014.00 CIP 106 /129 INTERSECT IMP -Total $8,014.00 JPMORGAN CHASE BANK USPS- POSTAGE $4,95 CIP FESTIVAL PARK -Total $4,95 JPMORGAN CHASE BANK AMAZON- EQUIPMENT $742.33 JPMORGAN CHASE BANK HEIMAN FIRE - EQUIPMENT $978.06 JPMORGAN CHASE BANK LOWES- EQUIPMENT $664.37 CIP FIRE STATION #4 -Total $2,384.76 MESHEK & ASSOCIATES, P.L.C. DESIGN ENGINEERING $2,376.00 AGREEM CIP RAYOLA/TRIB 5A STRWTR -Total $2,376.00 GRADE LINE CONSTRUCTION CONSTRUCTION SERVICES - 1 $57,573.99 SVC RD INTERS 137TH E AVE -Total $57,573.99 GRADE LINE CONSTRUCTION CONSTRUCTION SERVICES - F $19,191.33 SVC RD INTERSEC 140TH -Total $19,191.33 CAPITAL IMPROVEMENTS -Total $148,291.33 70 CITY GARAGE AT &T CONSOLIDATED PHONE $16.11 JPMORGAN CHASE BANK ALLDATA -SUBSC $125.00 JPMORGAN CHASE BANK AMAZON -PARTS $64.90 JPMORGAN CHASE BANK FIA -PARTS $189.65 JPMORGAN CHASE BANK GOODYEAR - RECAPS $4,210.88 JPMORGAN CHASE BANK GOODYEAR - SERVICE $786.15 JPMORGAN CHASE BANK GRAINGER -PARTS $5.59 JPMORGAN CHASE BANK HESSELBEIN -TIRES $311.68 JPMORGAN CHASE BANK JIM GLOVER -PARTS $931.93 JPMORGAN CHASE BANK KUBOTA -PARTS $79,29 JPMORGAN CHASE BANK LAWSON PROD -PARTS $52.97 JPMORGAN CHASE BANK LAWSON PROD - REFUND ($36.81) JPMORGAN CHASE BANK LAWSON PROD - SUPPLIES $479.99 JPMORGAN CHASE BANK OCT EQUIP -PARTS $274.88 JPMORGAN CHASE BANK OREILLY -PARTS $94,18 JPMORGAN CHASE BANK OREILLY- SUPPLIES $52.67 JPMORGAN CHASE BANK ROUTE 66 -PARTS $130.60 JPMORGAN CHASE BANK UNITED FORD -PARTS $74.39 JPMORGAN CHASE BANK YELLOWHOUSE -CORE RTN ($850.00) ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $95.95 TREASURER PETTY CASH CNG LICENSE -MOODY $50.00 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES $110.52 M Claims List - 7/16/2019 Fund Vendor Name Payable Description Payment Amount 70 CITY GARAGE CITY GARAGE -Total $7,270.52 CITY GARAGE -Total $7,270.52 76 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS $39,189.88 OK TAX COMMISSION SPECIAL TAX UNIT MITF ASSESSMENT PAYMENTS $4,555.98 WORKERS' COMP SELF -INS -Total $43,745.86 WORKERS' COMP SELF -INS -Total $43,745.86 City Grand Total $521,322.93 10 sd RFAL people • REAL CM1eracLt• PEAL CommunRy TO: The Honorable Mayor and City Council FROM: Kad Fritschen RLA, AICP Planning Manager SUBJECT: Public Hearing - Proposed Zoning Code Amendment to the US -169 Overlay District DATE: July 12, 2019 BACKGROUND: In 2012, the City Council approved the US -169 Overlay District under Ordinance 1004, which established a special set of regulations governing development along this corridor from East 86th Street North to East 126th Street North. During the April, May, and July work sessions, staff presented a proposed amendment to the Owasso Zoning Code, Chapter 10, by adding a new subsection Section 10.4.7 Separation Requirement in the US -169 Overlay District. The goal of the US -169 Overlay District is to ensure that this highly visible and important corridor is developed in a consistent and attractive manner. The Overlay District was also established to protect the investment of the Tulsa Technology Center campus. To accomplish these goals, the Overlay District prohibits or restricts certain land uses by requiring the approval of a Specific Use Permit (SUP) by City Council in order to locate within the Overlay District. Certain uses that require large areas of land for sales inventory (i.e. auto sales, camper sales, boat sales, etc.) can create a negative impact along the corridor if they are located adjacent to each other. The visual effect that results from these types of land uses grouped together along highway frontage is contradictory to the original intent of the US -169 Overlay District. The current language in the Zoning Code does not stipulate where or how these types of uses could locate, resulting in a large stretch of land in the Overlay District that is primarily vehicle inventory. The existing language also does not specify if other types of vehicle sales, such as boat or RV sales, are included in the restrictions placed on auto sales. The gaps in the current Overlay District language create a potential issue countering the purpose of the US -169 Overlay (shown below): 10.2 Purpose of the US -169 Overlay District. The purpose of the US -169 Overlay District is to: a. Encourage sustainable development that will become a long term asset to Owasso; b. Protect an area that represents a significant opportunity for business and corporate investment, which is important to the long term economic health of Owasso; c. Establish uses and regulations that promote the development of this area as a corridor that promotes an environment of business, learning, and growth; d. Protect the area around Tulsa Technology Center from uses that may have a detrimental impact on the facility and the City's ability to attract quality development; e. Establish regulations that protect the investment of existing and new businesses and corporations from unattractive, non - compatible uses; f. Ensure the area is visually pleasing, sustainable, and developed in a coordinated fashion; g. Ensure a high quality of development that will ultimately generate an economically- enhanced and pedestrian - friendly area for Owasso; and h. Follow the principals of the Quality of Life Initiative. PROPOSED AMENDMENT TO THE ZONING CODE: Staff proposes the following amendment to Chapter 10, Section 10.4 of the Owasso Zoning Code by adding a new subsection 10.4.7 Separation Requirement, to read as follows: 10.4.7 Separation Requirement. In order to protect the integrity and purpose of the US -169 Overlay as described in Section 10.2 the uses listed below, taken from Table 10.2, shall have the additional requirement that they be separated by a distance of 2,640 linear feet. The distance shall be measured from property line to property line. In the event the measurement bisects a parcel, then the greater amount of area that is inside or outside of this distance shall be used to determine the applicability of this section. Additionally, the following uses shall not be located on any parcel of land that abuts the Tulsa Technology Center Campus property. • Aircraft Sales • Auto Sales • Boat and Recreational Vehicle Sales • Camper Sales • Construction Equipment Sales • Motorcycle Sales • Truck Rental (as a single use) • Agricultural Implements Sales Additionally this Section shall apply to any uses identified in Section 53241 of the North American Industry Classification System (NAICS), titled "Construction, Transportation, Mining, and Forestry Machinery and Equipment Rental and Leasing" or uses that operate in a similar manner. PLANNING COMMISSION PUBLIC HEARING: On July 8, the Planning Commission held a public hearing on the proposed amendment. Two citizens spoke in opposition. CITY COUNCIL PUBLIC HEARING: An item has been placed on the July 16, 2019, City Council agenda for a public hearing regarding the proposed amendment. ATTACHMENT: US 169 Boundary Map { i, i, _ 86th 5t. N. WI'. 3,400 a a _ 86th 5t. N. WI'. 3,400 sd REAL People • RFJLL Character •REAL Community TO: The Honorable Mayor and City Council FROM: Morgan M. Pemberton City Planner SUBJECT: Ordinance 1 151 - Annexation (OA 19 -03) & Rezoning (OZ 19 -03) DATE: July 12, 2019 BACKGROUND: The City of Owasso received a request for the annexation and rezoning for a property located at 11707 East 106th Street North. The property is approximately 2.5 acres in size and is currently zoned Agriculture (AG) in Tulsa County. The applicant is requesting that the Owasso zoning category of Residential Single - Family High Density (RS -3) be applied to the properly upon annexation. SURROUNDING ZONING: Direction Zoning Use Land Use Plan Jurisdiction AG (Agriculture) PUD 17 -01 & RS -3 (Residential Single - Family High Density) Land Use Master Plan Transitional North RNX (Residential Neighborhood Undeveloped Transitional City of Washington County Rural Water District #3 Mixed) Meadowcrest Sewer Relief Area - $867.00 per acre Ranch Creek Sewer Service Assessment Area - $610.33 per acre Storm Siren Fee - $50.00 per acre Owasso AG (Agriculture) / South RE (Residential Single Family Residential Transitional Tulsa County Estate) PUD 17 -01 & East RNX (Residential Neighborhood Undeveloped Transitional City of wasso Owasso West AG (Agriculture) Residential Transitional 1 Tulsa County SUBJECT PROPERTY /PROJECT DATA: Property Size 2.5 acres +/- Current Jurisdiction Tulsa County Current Zoning AG (Agriculture) Proposed Zoning RS -3 (Residential Single - Family High Density) Land Use Master Plan Transitional Within PUD? No Within Overlay District? No Water Provider Washington County Rural Water District #3 Applicable Paybacks /Fees Meadowcrest Sewer Relief Area - $867.00 per acre Ranch Creek Sewer Service Assessment Area - $610.33 per acre Storm Siren Fee - $50.00 per acre ANALYSIS: Typically, property annexed into the Owasso City limits is assigned an AG zoning designation or is annexed with the existing County zoning. However, an applicant can request a rezoning of the property if the requested zoning conforms to the GrOwasso 2030 Land Use Master Plan and proper legal notice is provided. In this case, the applicant is requesting that the property be assigned a designation of RS -3 upon annexation. Proper legal notice was completed by City staff for the annexation and rezoning. The subject property is identified for transitional land uses in the GrOwasso 2030 Land Use Master Plan. Typically transitional land uses consist of office and multi - family residential developments. However, the Land Use Master Plan is a flexible policy document that allows for less intense land uses to be proposed for areas designated for a higher intensity land use. In this case, the applicant is proposing a less intense land use of single - family housing instead of a typical transitional land use. While the intersection of 106th and Garnett is expected to see significant commercial and medical facility development in the future, most of the adjacent property is currently residential in nature. Considering this, staff has determined that the request for RS -3 zoning at this location would be appropriate. The City of Owasso would provide sanitary sewer, Fire, Police, and EMS services to the subject property at such time as it is developed. Water service would be provided by Washington County Rural Water District #3. Any future development on the subject property shall adhere to all subdivision, zoning, and engineering requirements of the City of Owasso. PLANNING COMMISSION: The Planning Commission voted 4 -0 to recommend approval at their meeting on July 8, 2019. RECOMMENDATION: Staff recommends adoption of Ordinance 1151, annexing the subject property into the corporate limits of the City of Owasso with an assigned zoning of RS -3. ATTACHMENTS: Ordinance 1151 Zoning Map GrOwasso 2030 Land Use Master Plan Map CITY OF OWASSO, OKLAHOMA ORDINANCE 1151 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY, REFERENCED IN APPLICATION OA 19 -03 AND APPROVING ZONING APPLICATION OZ 19 -03 AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WHEREAS, public hearings have been held regarding the request for annexation and rezoning of the property located at 11707 East 106th Street North; and, WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all statements for or against the requested annexation and rezoning of the property referenced in applications OA 19 -03 and OZ 19 -03. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION 1: A tract of land described as 11707 East 106th Street North, said tract being more particularly described as follows: The Southwest Quarter of the Southwest Quarter of the Southeast Quarter of the Southwest Quarter (SW /4 SW /4 SE /4 SW /4) of Section Eight (8), Township Twenty -one (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma according to the U.S. Government Survey thereof. Said tract being more particularly described as follows: COMMENCING at the Southwest Corner of the Southwest Quarter (SW /4) of Section Eight (8), Township Twenty -one (2 1) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma; thence N 88 °43'11" E along the Southerly line of said SW /4 for a distance of 1,319.09 feet to the Southwest Corner of the SW /4 of the SW /4 of the SE /4 of the SW /4 of said Section 8 and the POINT OF BEGINNING; THENCE N 01'21'10" W along the Westerly line thereof for a distance of 330.05 feet to the Northwest Corner of said SW /4 of the SW /4 of the SE /4 of the SW /4; THENCE N 88 043'27" E along the Northerly line thereof for a distance of 330.61 feet to the Northeast Corner of said SW /4 of the SW /4 of the SE /4 of the SW /4; THENCE S 01 °20' 17" E along the Easterly line thereof for a distance of 330.03 feet to the Southeast Corner of said SW /4 of the SW /4 of the SE /4 of the SW /4; THENCE S 88 °43'11" W along the southerly line thereof for a distance of 330.52 feet to the POINT OF BEGINNING. Bearings shown are based upon the Oklahoma State Plane Coordinate System, North Zone (3501), North American Datum 1983 (NAD83) and are based locally upon field - observed ties to the following monuments: (1) Railroad Spike found at the Southeast Corner of the Southwest Quarter (SW /4) of said Section 8; (2) PK Nail with flasher stamped "TSLO CA1293" found at the Southwest Corner of the Southwest Quarter (SW /4) of said Section 8. The bearing between said monuments being S 88043'11 " W. Ordinance 1151 Page 1 of 3 The some is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, and its corporate limits and the same is hereby rezoned from Agriculture (AG) to Residential Single - Family High Density (RS -3) District. All persons residing therein, and all property situated thereon, shall be subject to the jurisdiction, control, laws, and ordinances of the City of Owasso, Oklahoma, in all respects and particulars. SECTION 2. From and after the passage and publication of this Ordinance, the real estate and territory described above shall be a part of the City of Owasso, Oklahoma, and in City Council Ward 2. SECTION 3. All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION 4. If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION 5. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION 6. There shall be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance and correct map of the territory annexed. PASSED AND APPROVED this 16th day of July, 2019 Chris Kelley, Mayor ATTEST: Juliann M. Stevens, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney Ordinance 1151 Page 2 of 3 Ordinance 1151 Aerial Photo OA 19 -03 /OZ 19 -03 2 1m A H v NAr Page 3 of 3 Ordinance 1 151 j 1 , jjjpy 1� : Y i OR - i ' I E 106TH St N SUBJECT PROPERTY ZZ -- .m. s�au.u,.d �auarsn��a sa,lec- s-iue_ Zoning Map A A AA I . . - A -- hk f' Land Use Master Plan Map OA 19 -03 /OZ 19 -03 i n z m O CD L i V i 1 E1 0 I E 106TH St N I SUBJECT PROPERTY sd REAL Pwpla •REAL CMIinbl• REAL Cammuniry TO: The Honorable Mayor and City Council FROM: Larry White Support Services Director SUBJECT: Police Vehicle Equipment Purchase DATE: July 12, 2019 BACKGROUND: The Police Department purchased four (4) new 2019 patrol vehicles during May of 2019. These vehicles need to have emergency lighting and equipment purchased and installed. The Support Services Department, Vehicle Maintenance Division, has been requested to perform this service in an effort to save the City the cost of using an outside company to do the work. The Police Department set a standard for the type of lighting and equipment needed for their requirement of operation. The common equipment includes: rifle mounts, computer consoles, push bars, prisoner transport system, and emergency lighting. BID ADVERTISEMENT: A request for sealed bids was made in June 2019, in accordance with the City's purchasing ordinance. In addition, an advertisement was posted on the City website. Three (3) sealed bids were opened on July 5, 2019, at City Hall. The bids were evaluated by staff to identify if they fully met all requirements. One incomplete bid was received from Dana Safety Supply, Inc. of Greensboro, North Carolina. It was determined that the bids from Ka -Comm, Inc. and Visual Force met all the requirements for this project, and Ka -Comm, Inc. provided the best price. Bidder Base Bid Ka -Comm, Inc. from Wichita, Kansas $34,0103.63 Visual Force from Catoosa, Oklahoma $39,7 99.00 FUNDING: Funding is available in the Capital Improvement Fund. RECOMMENDATION: Staff recommends awarding the bid to Ka -Comm, Inc., of Wichita, Kansas, in the amount of $34,003.63. ATTACHMENT: Bid from Ka -Comm, Inc. �1 KA -COMM, INC p I�41 3737 N. Hillside � I Wichita, KS 67219 7/1/2019 (316) 512 -3100 Total (785) 827 -1921 Fax LXEXLPBKT, LICENSE PLATE MOUNT - www.ka- comminc.com 18335 eappel @ka- comminc.com CITY OF OWASSO 452 S. MAIN STREET OWASSO, OK 74055 Quote Signature: Page 1 Subtotal Sales Tax (0.0 %) Total Due on receipt EJA FOB Item Description 7/1/2019 19376, Signature: Page 1 Subtotal Sales Tax (0.0 %) Total Due on receipt EJA FOB Item Description Qty Cost Total LXEXLPBKT LXEXLPBKT, LICENSE PLATE MOUNT - 4 18335 73.34 UNIVERSAL 425 -6655 425 -6655, DODGE DURANGO PPV (2019 +) 12' 2 335.81 671.62 CONTOUR CONSOLE 425 -6636 425 -6636, DODGE CHARGER POLICE EQUIPMENT 2 269.255 538.51 CONSOLE - HORIZONTAL CONTOUR (2011 +) 425 -6408 425 -6408, FACE PLATE FOR CODE 3 Z3 SIREN 4 0.00 0.00 425 -6141 425 -6141, 3" FACEPLATE FOR KUSTOM SIGNAL 4 0.00 0.00 DIGITAL EYEWITNESS G3, MOTO APX4500, APX6500 425 - 5600/4143 425 - 5600/4143, A -MOD LAPTOP MOUNT 2011+ 2 420.72 841.44 DODGEDURANGO 425 -6260 425 -6260, ARM REST - UPPER STRUCTURE 2 43.595 87.19 i 425 -1188 425 -1188, ART SWING ARM 2 88.15 176.30 II 425 -2827 425 -2827, ASSEMBLY, NH, DODGE CHARGER, 2 100.74 201.48 (BASE ONLY) 425 -6411 425 -6411, ADJUSTABLE ARM REST 2 74.365 148.73 BKO534DURI 1PB5 BK0534DURI1PB5, PB400 PUSH BUMPER FOR PB5 2 335.16 67032 FENDER GUARDS 2019 DODGE DURANGO 475 -2047 475 -2047, DUAL GUN RACK, SINGLE CELL 4I 292.56 1,170.24 MOUNTED, VERTICAL Signature: Page 1 Subtotal Sales Tax (0.0 %) Total �= KA -COMM, INC OM I�IbI 3737 N. Hillside Y Wichita, KS 67219 Qty (316) 512 -3100 Total (785) 827 -1921 Fax 475 -0184, SINGLE CELL PRISONER TRANSPORT www.ka- commine.com 1,135.26 eappel @ka- comminc.com CITY OF OWASSO 452 S. MAIN STREET OWASSO, OK 74055 Quote Signature: k 1R Quote aLOR r90 M Page 2 Subtotal Sales Tax (0.0 %) am Due on receipt EJA FOB 7/1/2019 19376 Signature: k 1R Quote aLOR r90 M Page 2 Subtotal Sales Tax (0.0 %) am Due on receipt EJA FOB Item Description Qty Cost Total 475 -0184 475 -0184, SINGLE CELL PRISONER TRANSPORT 2 1,135.26 2,270.52 TO FIT 2014 DODGE CHARGER WK0514DURI I WK0514DURI1; WINDOW BARRIER VS STEEL 2 225.96 451.92 VERTICAL-COMPATIBLE WITH STOCK & TPO DOOR PANELS B 113 C310OU C3 100U, 100W SPEAKER WITH UNIVERSAL 4 153.985 615.94 BRACKET BK0532CGR15P85 BK0532CGR15P85, PB400 PUSH BUMPER FOR P85 2 301.355 602.71 FENDER GUARDS FK0400CGR15 FK0400CGR15, PB5 PB300 /400 FENDER WRAPS, 2 368.76 737.52 DODGECHARGER XT302 -RB XT302 -RB, 2 HEAD XT3 RED/BLUE 6 115.66833 694.01 21TR52MC 21TR52MC, 52" LIGHTBAR CONFIG # C131022 1 2,417.71 2,417.71 M18OS -R M180S -R, INTERSECTION TAKEDOWN, RED 4 86.2675 345.07 WMFL6MC18 WMFL6MC18, WINGMAN FLEX, LONG, (6) TRS18 1 990.00 990.00 MULTI -COLOR TORUS MODULES CONFIG # C129515 IM18OS -B M180S -B, INTERSECTION TAKEDOWN, BLUE 4 86.2675 345.07 IM180SMC -RB M I 80SMC-RB, M 180 8 111.4925 891.94 INTERSECTION/TAKEDOWN /GROUND LIGHT, CENTER SECTION LED MULTICOLOR RED /BLUE Signature: k 1R Quote aLOR r90 M Page 2 Subtotal Sales Tax (0.0 %) am CITY OF OWASSO 452 S. MAIN STREET OWASSO, OK 74055 Quote N yy Aate ENE 7/1/2019 19376 KA -COMM, INC COM& 101 3737 N. Hillside Item Wichita, KS 67219 Qty (316) 512 -3100 Total (785) 827 -1921 Fax FSM - BKT -CH, M180 XTP3 INTERSECTION FOR www.ka- comminc.com 24,9851 eappel @ka- comminc.com CITY OF OWASSO 452 S. MAIN STREET OWASSO, OK 74055 Quote N yy Aate ENE 7/1/2019 19376 Signature: Page 3 Subtotal Sales Tax (0.0 %) Total Due on receipt EiA FOB Item Description Qty Cost Total FSM - BKT -CH FSM - BKT -CH, M180 XTP3 INTERSECTION FOR 4 24,9851 99.94 CHARGER XT602RB XT602RB, EXTREME DUAL 6 LED HD LIGHT - 8 203.1725 1,625.38 RED/BLUE XTP6MCRB XTP6MCRB, XTP 6 MULTI -COLOR 12 LED, 16 62.38813 998.21 XT6LBKT RED /SLUE XT6LBKT, L MOUNTING BRACKET 90 DEGREES 8 5.43625 43.49 PBH45 PBH45, BRACKET PUSH BUMPER 4 45.695 182.78 Z3 Z3, REMOTE SIREN 4 762.455 3,049.82 7160 - 0250 -02 7160 -0250 -02, NOTEPAD V UNIVERSAL 4 239.76 959.04 COMPUTER CRADLE WITH ZERO EDGE SIDE CLIPS SSF5150D SSF5150D, TAIL LIGHT FLASHER CONTROLLER 4 81.90 327.60 (TONY AVTECH) ETHFSS -SP -ISO ETHFSS- SP- ISO, HEADLIGHT FLASHER 4 42.335 169.34 ULT6 -RB ULT6 -RB, 6 -LED MEGA THIN SURFACE MOUNT, 16 71.65188 1,146.43 12 -24V, RED/BLUE 183 -0002 183 -0002, FUSE PANEL 4 16.56 66.24 183 -0008 183 -0008, RESETTABLE CIRCUIT BREAKER 100 4 46.80 187.20 AMP Signature: Page 3 Subtotal Sales Tax (0.0 %) Total CITY OF OWASSO 452 S. MAIN STREET OWASSO, OK 74055 Quote KA -COMM, INC �OMMI 107 3737 N. Hillside 1 Wichita, KS 67219 7!1/2019 (316) 512 -3100 21TR47MC (785) 827 -1921 Fax 2 www.ka- commine.com 4,519.20 eappel @ka- commine.com CITY OF OWASSO 452 S. MAIN STREET OWASSO, OK 74055 Quote Signature: Page 4 Subtotal Sales Tax (0.0 %) $34,003.63 $0.00 $34,003.63 Due on receipt =b�ale�� Quote Description Qty 7!1/2019 19376 Signature: Page 4 Subtotal Sales Tax (0.0 %) $34,003.63 $0.00 $34,003.63 Due on receipt EIA FOB Item Description Qty Cost Total 21TR47MC 21TR47MC, CODE 3 MULTI- COLORED 47" LIGHT 2 2,259.60 4,519.20 BAR CONFIG # C131019 FK0400DURI I FK0400DURI1, PB5 PIS 300/400 FENDER GUARDS 2 36836 737.52 2019 DURANGO IK0574DURI IFSR IK0574DURIIFSR, #6 VS SPT COATED POLY 2 906.36 1,812.72 PARTITION QK0635DURII QK0635DURI1, #12 EXPANDED METAL W/ 2 1,098.72 2,197.44 REPLACEMENT SEAT SFMTG -DUR SFMTG -DUR, SUPERVISOR FLEX MOUNTING 2019 2 85.885 171.77 DURANGO MLSC EQUIPME.- S VFSD -6SC SUPERVISOR FLEX CONFIG # 667.99 667.99 C128351 MISC EQUIPME... FSM -BKT -DUR BRACKET FOR SUPERVISOR I 4 24.985 99.94 LIGHT Signature: Page 4 Subtotal Sales Tax (0.0 %) $34,003.63 $0.00 $34,003.63 s� 0, Y"" Ohar ' • 6ommuniry TO: The Honorable Mayor and City Council FROM: H. Dwayne Henderson, P.E. City Engineer SUBJECT: East 96th Street North Stormwater Drainage Project Bid Award DATE: July 12, 2019 BACKGROUND: The East 96th Street North Drainage project was identified in the 2005 Stormwater Master Plan as a needed project to improve drainage in the El Rio Vista subdivision. The downstream channel needs clearing, grubbing, grading, lowering of a City water line, construction of a concrete drainage box underneath East 96th Street North, as well as improvements parallel to East 96th Street North and improvements to side -lot drainage to correct isolated drainage issues. BID ADVERTISEMENT: Advertisements were published in May of 2019, in accordance with state law, and a mandatory pre -bid meeting was held on June 12, 2019, at City Hall. Bids were opened on June 23, 2019, with six qualified bidders. Bidder Base Bid Add Alt 1 Add Alt 2 Total Dirt Wurx, LLC $204,479.38 $25,273.70 $22,840.80 $252,593.88 Timber Wolf Excavating, LLC $328,030.00 $26,500.00 $36,378.00 $390,908.00 Grade Line Construction 1419,985.00 $29,050.00 $51,070.00 $500,105.00 Earthsmart $394,581.46 $52,099.45 $73,900.62 1520,581.43 R.L. Hensley Construction $439,158.00 $54,092.50 $69,228.00 $562,478.50 Triangle Construction $551,869.00 $42,820.00 $44,480.00 $639,169.00 Engineer's Estimate $396,445.00 $45,200.00 $35,942.00 $477,587.00 FUNDING: Funding for this project is available in the Stormwater Fund. RECOMMENDATION: Staff recommends awarding the base bid and alternate #1 and #2 to Dirt Wurx, LLC, of Wagoner, Oklahoma, in the amount of $252,593.88, and authorization for the Mayor to execute the agreement. ATTACHMENTS: Location Map Agreement zI IMPROVEMEONT P OJECT I CITY OF OWASSO 200 S. Main Street P.O. Box 180 Owasso, OK 74055 rrtrN -110 Pk lit I >H \I %I ICCJ PURI OSL ONLI \ \I IS \ llt I^ 11 1,1 1 111'11 11:\11 \'11 -I RUE' SC\LE. ISI I In I\ r 1. w I I I P rl 1 if 918.376.1500 It 1111 I',It,1 \rl nN"Yl IPv CA 1111 \'.. 1 111 1 1 1 \1I 1 It, % \r . SECTION 00300 AGREEMENT THIS AGREEMENT is dated as of this 16th day of July, 2019 by and between City of Owasso (hereinafter called OWNER) and Dirt Wurx. LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: 96TH STREET NORTH DRAINAGE PROJECT CITY OF OWASSO, OKLAHOMA The project for which the Work under the contract documents may be the whole or only a part, is described as follows: Improvements to the 96 "' Street North Drainage Project ARTICLE 2. DEPARTMENT The PROJECT has been assigned by the OWNER to the DEPARTMENT (City of Owasso Public Works). The DEPARTMENT Director, Project Administrator and City Engineer are the duly authorized representatives of the OWNER who will assume the duties and responsibilities and will have the rights and authority assigned to DEPARTMENT in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents, ARTICLE 3. CONTRACT TIME 3.1 Work for base bid will be substantially completed within one hundred fifty (150) calendar days from the date of Notice to Proceed; and completed and ready for final payment in accordance with the General Conditions within one hundred eighty (180) calendar days from the date of Notice to Proceed, which will be on or before 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER, if the Work is any such proof. OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Two Hundred Dollars (5200.00) for each consecutive calendar day that expires after the time specified in paragraph 3.1 for substantial completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Two Hundred Dollars (5200.00) for each consecutive calendar day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds the amount agreed upon in CONTRACTOR'S bid. 4.2 CONTRACTOR understands that the estimated quantities are not guaranteed and that the determination of actual quantities and their classification is to be made by the OWNER at the time of application for payment. 4.3 CONTRACT AMOUNT: Contract Amount is two hundred fifty-trivo thousand, five hundred ninety-three and 88/100, ($252,593.88). ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions on the Pay Estimate Forms included as Exhibit "A" to this Agreement. Applications for Payment will be processed by OWNER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment in accordance with the City of Owasso's Payment Schedule included as Exhibit "B" to this Agreement during construction as provided below. All progress payments will be on the basis of the progress of the Work. 5.1.1 Progress payments shall not exceed an amount equal to 95% of the WORK completed until such time as CONTRACTOR shall complete in excess of fifty percent (50 %) of the contract amount. 5.1.2 Upon completion in excess of fifty percent (50 %) of the total contract amount, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the WORK completed, less such amounts as OWNER shall determine in accordance with the General Conditions, provided that OWNER has determined that satisfactory progress is being made, and upon approval by the Surety. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the remainder of the Contract Price. ARTICLE 6. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself/herself with the nature and extent of Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports or explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except underground facilities) which have been identified in the Supplementary Conditions as provided in the General Conditions. Contractor accepts the determination set forth in the General Conditions of the extent of the "technical data" contained in such reports and drawings upon which Contractor is entitled to rely. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Consultants do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to underground facilities at or continuous to the site. Contractor has obtained and carefully studied (or assume responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 6.3 CONTRACTOR has made or caused to be made examinations, investigations, tests and studies of such reports and related data in addition to those referred to in paragraph 6.2 as (s)he deems necessary for the performance of the Work at the Contract price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including the General Conditions. 6.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terns and conditions of the Contract Documents. 6.6 CONTRACTOR has given OWNER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. 6.7 CONTRACTOR has obligated himself /herself to the OWNER to be responsible for the workmanship, labor and materials used in the project for two (2) years after the project has been accepted by the OWNER. 6.8 CONTRACTOR understands that (s)he will be exempt from all sales tax on materials and other items necessary for the completion of the project. The OWNER has issued him a Certification of Tax Exempt Project enclosed as Exhibit "C" of this Agreement. ARTICLE 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof, and consist of the following: 7.1 This Agreement (pages 1 to 6 inclusive). 7.2 Exhibits "A ", "B ", "C" and "D" to this Agreement. 7.3 Advertisement for Bids (Section 00100). 7.4 Requirements for Bidders (Section 00110). 7.5 Instructions to Bidders (Section 00120). 7.6 Bid (Section 00200). 7.7 Bid Bond (Section 00210). 7.8 Bid Affidavits (Section 00220). 7.9 Statement of Bidders Qualifications (Section 00230). 7.10 Certificate of Non-Discrimination (Section 00240). 7.11 Performance Bond (Section 00410). 7.12 Maintenance Bond (Section 00420). 7.13 Statutory payment Bond (Section 00430). 7.14 Notice of Award (Section 00510). 7.15 Notice to Proceed (Section 00520). 7.16 Change Order (Section 00600). 7.17 General Conditions (Section 00700). 7.18 Project Specifications (Section 00800). 7.19 Special Provisions (Section 00900). 7.20 Project Drawings, consisting of Sheets 1 to 6, inclusive, and Standard Drawings. 7.21 Addendum Numbers I to 1, inclusive. 7.22 Documentation submitted by CONTRACTOR prior to Notice of Award (pages _ to inclusive). 7.23 Any Modification, including Change Orders, duly delivered after execution of Agreement. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a Modification (as defined in the General Conditions). ARTICLE 8. MISCELLANEOUS 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 8.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law) and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3 OWNER and CONTRACTOR each binds himself /herself, his/her partners, successors, assigns, and legal representatives to the other party hereto, his /her partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.3 The Agreement (or remaining portions thereof) should continue in effect, be valid and binding upon both parties even if a provision or part of the Contract Documents should be held void or unenforceable by law. IN WITNESS WHEREOF, the parties hereby have signed this Agreement in duplicate. One counterpart has been delivered to CONTRACTOR, the other belongs to OWNER. All portions of the Contract Documents have been signed by OWNER and CONTRACTOR. This Agreement will be effective on July 16. 2019. OWNER: City of Owasso Chris Kelley, Mayor (SEAL) ATTEST: Juliann M. Stevens, City Clerk Address for giving notices: 200 S. Main Street PO Box 180 Owasso, Oklahoma 74055 CONTRACTOR: Dirt Wurx, LLC to (Owner, President, Managing Member) (SEAL) Name, Title REAL Poople •REAL Character• REAL Community TO: The Honorable Mayor and City Council FROM: H. Dwayne Henderson, P.E. City Engineer SUBJECT: Nottingham Stormwater Drainage Project Bid Award DATE: July 12, 2019 BACKGROUND: The Nottingham Drainage project is located between two phases of the Nottingham subdivision in a utility easement. Drainage from East 96th Street North between the northern entry into Nottingham subdivision and Life Church drains across a utility easement. The drainage has exposed utilities and fence footings in the backyards of several residents. The project will consist of an earthen berm and small concrete channel to divert the drainage into the middle of the utility easement in lieu of against the fences. BID ADVERTISEMENT: Advertisements were published in May of 2019, in accordance with state law, and a mandatory pre -bid meeting was held on June 12, 2019, at City Hall. Bids were opened on June 23, 2019, with four qualified bidders. Bidder Base Bid Timber Wolf Excavating, LLC $57,594.00 Dirt Wurx, LLC $64,800.00 R.L. Hensley Construction $89,700.00 Grade Line Construction $163,120.00 En sneer's Estimate $51,540.00 FUNDING: Funding for this project is available in the Stormwater Fund. RECOMMENDATION: Staff recommends awarding the bid to Timber Wolf Excavating, LLC, of Broken Arrow, Oklahoma, in the amount of $57,594.00, and authorization for the Mayor to execute the agreement. ATTACHMENTS: Location Map Agreement qI: ,• 4 SECTION 00300 AGREEMENT THIS AGREEMENT is dated as of this 16th day of July, 2019 by and between City of Owasso (hereinafter called OWNER) and Timber Wolf Excavating, LLC. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: NOTTINGHAM DRAINAGE PROJECT CITY OF OWASSO, OKLAHOMA The project for which the Work under the contract documents may be the whole or only a part, is described as follows: Improvements to the Nottingham Drainage ARTICLE 2. DEPARTMENT The PROJECT has been assigned by the OWNER to the DEPARTMENT (City of Owasso Public Works). The DEPARTMENT Director, Project Administrator and City Engineer are the duty authorized representatives of the OWNER who will assume the duties and responsibilities and will have the rights and authority assigned to DEPARTMENT in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIME 3.1 Work for base bid will be substantially completed within sixty (60) calendar days from the date of Notice to Proceed; and completed and ready for final payment in accordance with the General Conditions within ninety (90) calendar days from the date of Notice to Proceed, which will be on or before 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER, if the Work is any such proof. OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Two Hundred Dollars ($200.00) for each consecutive calendar day that expires after the time specified in paragraph 3.1 for substantial completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, relbse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Two Hundred Dollars ($200.00) for each consecutive calendar day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds the amount agreed upon in CONTRACTOR'S bid. 4.2 CONTRACTOR understands that the estimated quantities are not guaranteed and that the determination of actual quantities and their classification is to be made by the OWNER at the time of application for payment. 4.3 CONTRACT AMOUNT: Contract Amount is Fifty-seven thousand, five hundred ninety-four and 00 /100, ($57,594.00). ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions on the Pay Estimate Forms included as Exhibit "A" to this Agreement. Applications for Payment will be processed by OWNER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment in accordance with the City of Owasso's Payment Schedule included as Exhibit "B" to this Agreement during construction as provided below. All progress payments will be on the basis of the progress of the Work. 5.1.1 Progress payments shall not exceed an amount equal to 95% of the WORK completed until such time as CONTRACTOR shall complete in excess of fifty percent (50 %) of the contract amount. 5.1.2 Upon completion in excess of fifty percent (50 %) of the total contract amount, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the WORK completed, less such amounts as OWNER shall determine in accordance with the General Conditions, provided that OWNER has determined that satisfactory progress is being made, and upon approval by the Surety. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the remainder of the Contract Price. ARTICLE 6. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself/herself with the nature and extent of Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports or explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except underground facilities) which have been identified in the Supplementary Conditions as provided in the General Conditions. Contractor accepts the determination set forth in the General Conditions of the extent of the "technical data" contained in such reports and drawings upon which Contractor is entitled to rely. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Consultants do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to underground facilities at or continuous to the site. Contractor has obtained and carefully studied (or assume responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 6.3 CONTRACTOR has made or caused to be made examinations, investigations, tests and studies of such reports and related data in addition to those referred to in paragraph 6.2 as (s)he deems necessary for the performance of the Work at the Contract price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including the General Conditions. 6.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6 CONTRACTOR has given OWNER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. 6.7 CONTRACTOR has obligated himself/herself to the OWNER to be responsible for the workmanship, labor and materials used in the project for two (2) years after the project has been accepted by the OWNER. 6.8 CONTRACTOR understands that (s)he will be exempt from all sales tax on materials and other items necessary for the completion of the project. The OWNER has issued him a Certification of Tax Exempt Project enclosed as Exhibit "C" of this Agreement. ARTICLE 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof, and consist of the following: 7.1 This Agreement (pages 1 to 6 inclusive). 7.2 Exhibits "A ", 'B ", "C" and "D" to this Agreement. 7.3 Advertisement for Bids (Section 00100). 7.4 Requirements for Bidders (Section 00110). 7.5 Instructions to Bidders (Section 00120). 7.6 Bid (Section 00200). 7.7 Bid Bond (Section 00210). 7.8 Bid Affidavits (Section 00220). 7.9 Statement of Bidders Qualifications (Section 00230). 7.10 Certificate of Non - Discrimination (Section 00240). 7.11 Performance Bond (Section 00410). 7.12 Maintenance Bond (Section 00420). 7.13 Statutory payment Bond (Section 00430). 7.14 Notice of Award (Section 00510). 7.15 Notice to Proceed (Section 00520). 7.16 Change Order (Section 00600). 7.17 General Conditions (Section 00700). 7.18 Project Specifications (Section 00800). 7.19 Special Provisions (Section 00900). 7.20 Project Drawings, consisting of Sheets 1 to 6, inclusive, and Standard Drawings. 7.21 Addendum Numbers 1 to 1, inclusive. 7.22 Documentation submitted by CONTRACTOR prior to Notice of Award (pages _ to _ inclusive). 7.23 Any Modification, including Change Orders, duly delivered after execution of Agreement. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a Modification (as defined in the General Conditions). ARTICLE 8. MISCELLANEOUS 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 8.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law) and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3 OWNER and CONTRACTOR each binds himself /herself, his/her partners, successors, assigns, and legal representatives to the other party hereto, his/her partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.3 The Agreement (or remaining portions thereof) should continue in effect, be valid and binding upon both parties even if a provision or part of the Contract Documents should be held void or unenforceable by law. IN WITNESS WHEREOF, the parties hereby have signed this Agreement in duplicate. One counterpart has been delivered to CONTRACTOR, the other belongs to OWNER. All portions of the Contract Documents have been signed by OWNER and CONTRACTOR. This Agreement will be effective on July 16, 2019. OWNER: City of Owasso Chris Kelley, Mayor (SEAL) ATTEST: Juliann M. Stevens, City Clerk Address for giving notices: 200 S. Main Street PO Box 180 Owasso, Oklahoma 74055 CONTRACTOR: Timber Wolf Excavating, LLC. (Owner, President, Managing Member) (SEAL) Name, Title Real People •Real Character •Real Community TO: The Honorable Mayor and City Council FROM: H. Dwayne Henderson, P.E. City Engineer SUBJECT: 2019 Street Rehabilitation Project Bid Award DATE: July 12, 2019 BACKGROUND: Annually, the Capital Improvements Fund allows for the expenditure of funds to repair and /or resurface residential and non - residential roadways. Street rehabilitation sites are evaluated and selected based on a comprehensive assessment of roadway conditions. The selection process is aimed at maximizing the taxpayer's return on investment by increasing roadway lifecycle and minimizing future maintenance costs while enhancing overall roadway driving conditions and public safety. The project targets the rehabilitation of East 76th Street North from Birch Street to the Oklahoma Department of Transportation's (ODOT) service road in front of the Owasso Public School Administration Building. The four lane road will get new curb and gutters, driveway aprons, (where necessary to improve drainage), and a new surface course of asphalt. Also included in this project are the drainage improvements and surface replacement of East 17th Street North and East 18th Street North in Ator Heights, between Cedar and Elm Street; repairs and surface replacement to streets in Lake Ridge, Double Oaks IV and Country Estates III subdivisions. BID ADVERTISEMENT: Advertisements for bids were published on May 15, 2019, and May 22, 2019. In accordance with state law, a mandatory pre -bid meeting was held at City Hall on June 5, 2019, with nine (9) contractors in attendance. The bid opening was held on June 18, 2019, at City Hall. Three (3) contractors summited a bid for the project. The bid results, which included the base bid and one (1) alternate, are summarized below. Bidder Base Bid Add. Alt 1 Total H -G Paving $1,498,155.80 $701,421.20 2,199,577.00 Grade Line Constr. 1,577,867.25 $545,979.00 $2,123,846.25 A &A Asphalt 1,674,131.50 $622,876.00 2,297,007.50 Engineer's Estimate $1,668,276.12 $703,381.67 $2,371,657.78 The base bid was designed to a budget amount of $2,000,000.00. Alternate 1, a project to continue resurfacing streets in Country Estates (from 2018) was added in the event surplus funds from previous street rehabilitation projects were available. The surplus funds from the previous project equals $300,000.00. As a result, $2,300,000.00 is available for the base bid plus the additive alternate. In regards to the bidding, the low bidder of the base bid was not the low bidder of both the base bid, plus the additive alternate. H -G Paving was the low bidder of the base bid with a bid of $1,498,155.80. Conversely, Grade Line Construction, LLC, was the low bidder of the entire project with a bid of $2,123,846.25. fiiPPfD7170 Funding is available in the Capital Improvements Fund and the Half -Penny Sales Tax Fund. RECOMMENDATION: Staff recommends awarding the base bid and alternate #I to Grade Line Construction, LLC, of Broken Arrow, Oklahoma, in the amount of $2,123,846.25, and authorization for the Mayor to execute the agreement. ATTACHMENTS: Location Map Agreement a SECTION 00300 AGREEMENT THIS AGREEMENT is dated as of this 16th day of July, 2019 by and between City of Owasso (hereinafter called OWNER) and Grade Line Construction LLC. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: 2019 STREET REPAIR PROJECT CITY OF OWASSO, OKLAHOMA The project for which the Work under the contract documents may be the whole or only a part, is described as follows: Street rehab in the Lake Ridge Double Oaks Ater Heights Subdivisions Owasso OK ARTICLE 2. DEPARTMENT The PROJECT has been assigned by the OWNER to the DEPARTMENT (City of Owasso Public Works). The DEPARTMENT Director, Project Administrator and City Engineer are the duly authorized representatives of the OWNER who will assume the duties and responsibilities and will have the rights and authority assigned to DEPARTMENT in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIME 3.1 Work for base bid will be substantially completed within two hundred seventy days (270) calendar days from the date of Notice to Proceed; and completed and ready for final payment in accordance with the General Conditions within three hundred (300) calendar days from the date of Notice to Proceed, which will be on or before 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER, if the Work is any such proof. OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Two Hundred Dollars ($200.00) for each consecutive calendar day that expires after the time specified in paragraph 3.1 for substantial completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Two Hundred Dollars ($200.00) for each consecutive calendar day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds the amount agreed upon in CONTRACTOR'S bid. 4.2 CONTRACTOR understands that the estimated quantities are not guaranteed and that the determination of actual quantities and their classification is to be made by the OWNER at the time of application for payment. 43 CONTRACT AMOUNT: Contract Amount is Two million, one hundred -twenty three thousand, eight hundred forty six and 25/100, ($2,123,846.25). ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions on the Pay Estimate Forms included as Exhibit "A" to this Agreement. Applications for Payment will be processed by OWNER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment in accordance with the City of Owasso's Payment Schedule included as Exhibit "B" to this Agreement during construction as provided below. All progress payments will be on the basis of the progress of the Work. 5.1.1 Progress payments shall not exceed an amount equal to 95% of the WORK completed until such time as CONTRACTOR shall complete in excess of fifty percent (50 %) of the contract amount. 5.1.2 Upon completion in excess of fifty percent (50 %) of the total contract amount, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the WORK completed, less such amounts as OWNER shall determine in accordance with the General Conditions, provided that OWNER has determined that satisfactory progress is being made, and upon approval by the Surety. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the remainder of the Contract Price. ARTICLE 6. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself /herself with the nature and extent of Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports or explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except underground facilities) which have been identified in the Supplementary Conditions as provided in the General Conditions. Contractor accepts the determination set forth in the General Conditions of the extent of the "technical data" contained in such reports and drawings upon which Contractor is entitled to rely. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Consultants do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to underground facilities at or continuous to the site. Contractor has obtained and carefully studied (or assume responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 6.3 CONTRACTOR has made or caused to be made examinations, investigations, tests and studies of such reports and related data in addition to those referred to in paragraph 6.2 as (s)he deems necessary for the performance of the Work at the Contract price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including the General Conditions. 6.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6 CONTRACTOR has given OWNER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. 6.7 CONTRACTOR has obligated himself /herself to the OWNER to be responsible for the workmanship, labor and materials used in the project for two (2) years after the project has been accepted by the OWNER. 6.8 CONTRACTOR understands that (s)he will be exempt from all sales tax on materials and other items necessary for the completion of the project. The OWNER has issued him a Certification of Tax Exempt Project enclosed as Exhibit "C" of this Agreement. ARTICLE 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof, and consist of the following: 7.1 This Agreement (pages I to 6 inclusive). 7.2 Exhibits "A ", "B ", "C" and "D" to this Agreement. 73 Advertisement for Bids (Section 00100). 7.4 Requirements for Bidders (Section 00110). 7.5 Instructions to Bidders (Section 00120). 7.6 Bid (Section 00200). 7.7 Bid Bond (Section 00210). 7.8 Bid Affidavits (Section 00220). 7.9 Statement of Bidders Qualifications (Section 00230). 7.10 Certificate of Non - Discrimination (Section 00240). 7.11 Performance Bond (Section 00410). 7.12 Maintenance Bond (Section 00420). 7.13 Statutory payment Bond (Section 00430). 7.14 Notice of Award (Section 00510). 7.15 Notice to Proceed (Section 00520). 7.16 Change Order (Section 00600). 7.17 General Conditions (Section 00700). 7.18 Project Specifications (Section 00800). 7.19 Special Provisions (Section 00900). 7.20 Project Drawings, consisting of Sheets 1 to 6, inclusive, and Standard Drawings. 7.21 Addendum Numbers 1 to 1, inclusive. 7.22 Documentation submitted by CONTRACTOR prior to Notice of Award (pages to _ inclusive). 7.23 Any Modification, including Change Orders, duly delivered after execution of Agreement. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a Modification (as defined in the General Conditions). ARTICLE 8. MISCELLANEOUS 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 8.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law) and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3 OWNER and CONTRACTOR each binds himself /herself, his /her partners, successors, assigns, and legal representatives to the other party hereto, his/her partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents, 8.3 The Agreement (or remaining portions thereof) should continue in effect, be valid and binding upon both parties even if a provision or part of the Contract Documents should be held void or unenforceable by law. IN WITNESS WHEREOF, the parties hereby have signed this Agreement in duplicate. One counterpart has been delivered to CONTRACTOR, the other belongs to OWNER. All portions of the Contract Documents have been signed by OWNER and CONTRACTOR. This Agreement will be effective on July 16, 2019. OWNER: City of Owasso CONTRACTOR: Grade Line Construction, LLC.. Chris Kelley, Mayor (SEAL) ATTEST: Juliann M. Stevens, City Clerk Address for giving notices: 200 S. Main Street PO Box 180 Owasso, Oklahoma 74055 By (Owner, President, Managing Member) (SEAL) Title �V REAL People • REAL Chamdar • REAL Communlry TO: The Honorable Mayor and City Council FROM: H. Dwayne Henderson. P.E. City Engineer SUBJECT: Oklahoma Department of Transportation (ODOT) Supplemental Funding Agreement - North Garnett Road Improvements from East 96th Street North to East 106th Street North DATE: July 12, 2019 BACKGROUND: In 2013, North Garnett Road, from East 961h 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. On Feb 5, 2019, City Council approved Resolution 2019 -03, authoring a construction agreement With ODOT for the project matching funds. The project was advertised in March 2019, and the bid opening was on April 18, 2019. The project bids exceeded the engineer's estimate by 12.5 %. This was unacceptable to ODOT as well as the City of Owasso. ODOT rejected the bids and scheduled to rebid the project in August 2019, in order to give the consulting engineers time to revise the plans in hopes of reducing costs. PROPOSED SUPPLEMENTAL AGREEMENT: The original ODOT agreement was based on the engineering construction estimate provided by the consultant. The roadway construction and construction administration estimate of $9,171,964.00 was based on an 80% federal to 20% local funding match, with the federal match capped at $3,250,000.00. The following table depicts the cost distribution of the original agreement: Original Budget Estimate ODOT Portion City of Owasso Roadway Construction $6,676,621 $2,582,948.00 $4,093,673.00 Construction Administration $833,815.00 $667,052.00 $166,763.00 Public Utility Relocation 1,661,528.00 $0 $1,661,528.00 Total Project Cost $9,171,964.00 $3,250,000.00 $5,921,964.00 Currently, the City of Owasso has $5,921,964.00 held in escrow with ODOT. However, since the project is being rebid, a revised estimate has been developed and the anticipated higher costs have been accounted for, necessitating ODOT's request for a supplemental funding agreement. The budget below reflects the anticipated bid costs: Revised Budget Estimate ODOT Portion City of Owasso Roadway Construction $7,953,725.00 $3,250,000.00 $4,703,725.00 Construction Administration $ 596,005.00 $0 $596,005.00 Public utility Relocation $1,979,687.00 $0 $1,979,687.00 Total Project Cost 1 $10,529,417.00 1 $3,250,000.00 1 $7,279,417.00 1 The new local match is estimated to cost $7,279,417.00. Since $5,921,964.00 has been placed into escrow, an additional $1,357,453.00 is due to continue with rebidding the project. The supplemental agreement states that the local funds need to be transferred to ODOT before project letting. FUNDING: Funding is available in the Capital Improvements Fund. RECOMMENDATION: Staff recommends approval of the supplemental funding agreement between the City of Owasso and Oklahoma Department of Transportation in the amount of $1,357,453.00 and authorization for payment to the Oklahoma Department of Transportation. ATTACHMENTS: Site Map ODOT -City of Owasso Supplemental Agreement ODOT Invoice i 'roe 111111: =' �■■ ,.,1111= C .11111111111 O .. ■ 111111111111111. ,\III /' \�1 III 111111111,,1■ :.■ .. IV on OZONE �Illlllli • � �q�►j � 11i. .�'�j �� �� �� j��111�, ♦ ♦����11.111i _IIIIII��■I■ _ 111�� � \����1111■ ■1�7 �� . � ♦ ♦j ■111 II♦ I���♦ mail OWASSO /` _ _� ./� \1111■ . �j��� �� ■111► /�i11■ ..� � �� ■. �... . i �ia� �� �� MEMO X1111 __ i► �■■_�� �IIIUr�� ■11■ �� ■1■ ....� .mm mm m . ? 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PROJECT AGREEMENT BETWEEN THE OKLAHOMA DEPARTMENT OF TRANSPORTATION AND THE CITY OF OWASSO SUPPLEMENTAL AGREEMENT #1 This Supplemental and Modification Agreement, made the day and year last written below, by and between the City of OWASSO, hereinafter referred to as the CITY, and the Department of Transportation of the State of Oklahoma, hereinafter referred to as the Department, said parties being the same who executed the original Project Agreement, for the following intents and purposes and subject to the following terms and conditions, to wit: WITNESSETH CM nty T JP No. Project No. Work Type Description i STP 2728 GRADE, DRAIN & ! OWASSO: GARNETT RD - 96TH ST N TO 106TH ST N TULSA 30742(04) (258) IG SURFACE WHEREAS, It is deemed necessary by the Department and CITY, to revise the scope of the original Project Agreement to adjust funding allocated to the project; and, WHEREAS, said revisions shall be reduced to a written supplemental agreement and executed by the Department and CITY; NOW, THEREFORE: the Department and CITY, in consideration of the mutual covenants and stipulations as set forth herein, do mutually promise and agree as follows: SECTION 15 is hereby replaced in its entirety from the original Project Agreement as defined below, in order to reflect the revised estimated total construction and 6% contract administration cost of $10,529,417. 15. Based on an estimated total construction cost plus construction inspection cost of Ten - Million- Five - Hundred - Twenty- Nine - Thousand -Four- Hundred- Sever7teen- Dollars ($10,529,417), 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- Millior7- 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- Million- Five- Hundred - Seventy- One - Thousand - Eight- Hundred - Thirty - Eight- Dollars ($4,571,838). The SPONSOR shall also provide 100% of any federally non - participating costs, estimated at Two- Million- Seven - Hundred - Seven - Thousand -Five- Hundred - Seventy -Nine- Dollars ($2,707,579). Total Sponsor funds are currently estimated at Seven - Million-Ttivo- Hundred - Seventy- Nitte- Tliousaud- Foiir- Hundred - Seventeen Dollars ($7,279,417). 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. A. WHEREAS, the original Project Agreement is hereby modified as above described, said agreement in all other respects shall remain unchanged and in full force and effect. REMAINDER OF PAGE INTENTIONALLY BLANK 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 City has executed same pursuant to authority prescribed by law for the City. The City, on this of day of , 20 (SEAL) G"I191.19 Juliann M. Stevens, City Clerk Approved as to Form and Legality: Julie Lombardi, City Attorney 20 , and the Department on the The City of OWASSO, an Oklahoma Municipal Corporation Chris Kelley, Mayor STATE OF OKLAHOMA DEPARTMENT OF TRANSPORTATION Recommended for Approval Local Government Division Manager APPROVED AS TO FORM AND LEGALITY General Counsel Director of Capital Programs APPROVED Deputy Director OKLAHOMA DEPARTMENT OF TRANSPORTATION INVOICE FOR CONSTRUCTION SERVICES Make check PAYABLE, and MAIL TO: Oklahoma Department of Transportation Comptroller Division 200 N.E. 21s' Street Oldahoma City, Oklahoma 73105 -3204 To: The City of Owasso Department Invoice No 30742(04) -2 July 10, 2019 Project Type Diva County t JP No I Project Work Type k. Description No. i i k I CITY STREET 8 TULSA j 30742 04 STP -2728 GRADE, DRAIN, OWASSO: GARNETT RD. - 96TH ST N. TO 106TH ST N. ! (258)IG i SURFACE I i i CONSTRUCTION JP# 30742(04) Description —Explanation of Charge Total Federal Sponsor Due Date: Upon Receipt Total Estimate for Project Construction including assumed 6% Construction Management Cost: $ 10,529,417.00 $ 3,250,000.00 $ 7,279,417.00 Previous Deposit: ($5,921,964.00) Accounting Use Only Invoice Total $ 1,357,453.00 Distribution: City Remit with Payment Division Project File Comptroller Division sd RFAL Peepa • RELL C�eraebr • REAL Community TO: The Honorable Mayor and City Council FROM: Larry Langford Director of Recreation and Culture SUBJECT: Professional Services Agreement- Design of the 5K Heart Healthy Trail, Funtastic Island Renovations and Splash Pad DATE: July 12, 2019 BACKGROUND: On November 5, 2014, The Tulsa County Vision Authority adopted a resolution that states Owasso is eligible to receive excess Vision 2025 funds totaling $6,882,761. On April 21, 2015, Owasso City Council approved Resolution 2015 -08, recommending projects for these funds. A portion of this funding is designated for the 5K Heart Healthy Trail, a Feature Spray Park and the expansion of the Rayola Park splash pad. On August 14, 2015, City Council awarded three separate professional services agreements to Planning Design Group, Inc. of Tulsa, Oklahoma for the Heart Healthy Trail, the Feature Spray Park, and Rayola Splash Pad expansion. On March 3, 2017, City Council accepted the completion of the Rayola Splash Pad expansion project and issued final payment. The 5K Trail and Splash Pad projects were delayed due to issues involving the Corps of Engineers, and the decision was made to shift the Vision 2025 funds allocated to those projects to the Redbud Festival Park project that was already underway. The intent of shifting the funding from the 5K Trail and the splash pad to Redbud Festival Park was to use that source of funding expeditiously, and then fund the trail and splash pad with CIP funding in the same amount, when those two projects were ready to move forward. On June 18, 2019 City Council approved Resolution 2019 -13, amending the list of capital improvement projects eligible for funding from the Capital Improvements Fund to include the 5K Heart Healthy Trail and Funtastic Island renovations and Splash Pad. PROJECT INFORMATION: The 5K Heart Healthy trail was originally proposed to be constructed throughout the Sports Park and Feature Splash Pad at the southwest portion of the Sports Park. Due to mitigation requirements from the Corp of Engineers, the original designs and locations had to be adjusted. After review and evaluation staff identified Funtastic Island as the new location for the splash pad and included the renovation of the playground as part of the project. The area surrounding the proposed dry detention pond in the southwest portion of the Sports Park was identified for the 5K Heart Healthy Trail. PROFESSIONAL SERVICE PROPOSAL: With the change in funding, design and location for the 5K Heart Healthy Trail and splash pad, along with the addition of the Funtastic Island renovation, staff concluded that it would be mutually beneficial to complete and accept current professional services agreement with PDG and enter into a new agreement for the updated projects. FUNDING: Funding for the professional services will be obtained through Capital Improvement Funds. RECOMMENDATION: Staff recommends approval of a professional design services agreement with Planning Design Group, Inc, of Tulsa, Oklahoma, in the amount of $91,700.00, and authorization for the Mayor to execute the agreement. ATTACHMENT: 5K Heart Healthy Trail, Funtastic Island Renovations and Splash Pad Design Services Agreement AGREEMENT FOR DESIGN SERVICES 5K HEART HEALTHY TRAIL, FUNTASTIC ISLAND RENOVATIONS AND SPLASH PAD OWASSO, OKLAHOMA THIS AGREEMENT made and entered into between the City of Owasso, Oklahoma, a municipal corporation, hereinafter referred to as OWNER and PDG, LLC, an Oklahoma corporation, d /b /a/ Planning Design Group, hereinafter referred to as LANDSCAPE ARCHITECT. WITNESSETH WHERAS, Owner desires to prepare plans and specification for the development of Funtastic Island Play Feature and trail system at the Sports Park, hereinafter referred to as the PRJOJECT; and WHEREAS, LANDSCAPE ARCHITECT is prepared to provide such services; NOW, THEREFORE, in consideration of the promises contained herein, Owner and Landscape Architect agree as follows: ARTICLE 1- EFFECTIVE DATE The effective date of this Agreement shall be July 2019 ARTICLE 2 - GOVERNING LAW This Agreement shall be governed by the laws of the State of Oklahoma. ATRICLE 3 - SERVICES TO BE PERFORMED BY LANDSCAPE ARCHITECT Landscape Architect shall perform the Basic Services described in Attachment A, Item 1 through item 5, Scope of Services. I I P a g e ARTICLE 4 - COMPENSATION Owner shall pay the Landscape Architect in accordance with Attachment A, Item 6, Basic Compensation. ARTICLE 5 - TIME FOR COMPENSATION The LANDSCAPE ARCHITECT shall provide the necessary services and complete all work required or undertaken in a manner consistent with a time frame that meets the City's needs and schedule for funding. ARTICLE 6 - STANDARD OF CARE The Landscape Architect shall exercise the same degree of care, skill and diligence in the performance of the Services as s ordinarily possessed and exercised by a professional Landscape Architect under similar circumstances. The Landscape Architect shall correct the Services which fail to satisfy this standard of care. No warranty, expressed or implied is included in this Agreement or in any drawing specifications report or opinion produced pursuant to this Agreement. ARITICLE 7 - LIABILITY AND INDEMNIFICATION 7.1 General. Having considered the potential liabilities that may exist during the performance of the Services, the benefits of the Project and the Landscape Architect's fees for the Services and in consideration of the promises contained in this Agreement, Owner and Landscape Architect agree to allocate and limit such liabilities in accordance with this Article. 7.2 Indemnification. Landscape Architect agrees to defend, indemnify and hold harmless Owner, its agents and employees, from and against legal liability for all claims, losses damages and expenses to the extent such claims, losses, damages or expenses are caused by its negligent acts, errors or omissions. In the event such claims, losses, damages or expenses are caused by the joint or concurrent negligence of the Landscape Architect and Owner, such liability shall be borne by each party in proportion to its own negligence. 7.3 Employee Claims. Landscape Architect shall indemnify Owner against legal liability for damages arising out of claims by Landscape Architect's employees. 21 Page 7.4 Survival. Upon completion of all Services, obligations and duties provided for in this Agreement is terminated for any reason, the terms and conditions of this Article shall survive. ARTICLE 8 - INSURANCE During the performance of the services under this Agreement, Landscape Architect shall maintain the following Insurance: 8.1 General Liability Insurance with a combined single limit of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate. 8.2 Automobile Liability Insurance with a combined single limit of not less than $1,000,000 for each accident. 8.3 Workers Compensation Insurance in accordance with statutory requirements and Employer's Liability Insurance with limits of not less than $500,000 for each occurrence. 8.4 Professional Liability Insurance with a minimum annual limit of $1,000,000 in the aggregate. Landscape Architect shall furnish Owner certificate of insurance which shall include a provision that such insurance shall not be canceled without at least thirty days written notice to Owner. ARTICLE 9 - LIMITS OF RESPONSIBILITY Landscape Architect shall not be responsible for: (1) construction means, methods, techniques, sequences, procedures or safety precautions and programs in connection with the Project; (2) the failure of any contractor, subcontractor, vendor or other Project participant, no under contract to Landscape Architect, to fulfill contractual responsibilities to the Owner or to comply with federal, state or local laws, regulations, and codes; or (3) procuring permits, certificates and licenses required for any construction unless such responsibilities are specifically assigned to Landscape Architect in the Scope of Services. 3 lFage ARTICLE 10 - OPINIONS OF COST AND SCHEDULE Since the Landscape Architect has no control over the cost of labor, materials or equipment furnished by others or over the resources provided by others to meet Project schedules, Landscape Architect's opinion of probable cost and Project schedules shall be made on the basis of experience and qualification as a professional Landscape Architect. Landscape Architect's cost estimates. ARTICLE 11- REUSE OF DOCUMENTS Upon Owner's request, Landscape Architect shall furnish Owner with specified drawings on "compact disk ", all documents, including, but not limited to, maps, drawings, specifications and computer models or software prepared by Landscape Architect pursuant to this Agreement are instruments of Service in respect to the Project. They are not intended or represented to be suitable for reuse by Owner or others on any other project. They are, however, intended and represented to be suitable for reuse by Owner or others on revision or extension of the Project. ARTICLE 12 -TERMINATION This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non - performing party shall have fifteen calendar days from the date of the termination notice to cure of to submit a plan for cure acceptable to the other party. Owner may terminate or suspend performance of this Agreement for Owner's convenience upon written notice to Landscape Architect. Landscape Architect shall terminate or suspend performance of the Services on a schedule acceptable to Owner. If termination or suspension is for Owner's convenience, Owner shall pay Landscape Architect for all the services performed to date, amount not to exceed the normal fee amount due for the services rendered and termination of suspension expenses. Upon restart, an equitable adjustment shall be made to Landscape Architect's compensation. ARTCLE 13 - DELAY IN PERFORMANCE Neither Owner nor Landscape Architect shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the 4 1page reasonable control of the non- performing party. For purposes of this Agreement, such circumstances included, but not limited to abnormal weather conditions,; floods; earthquakes; fire epidemics; war; riot and other civil disturbances; strikes; work slowdowns and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses, or authorizations from any local, state, or federal agency for any of the sullies, materials, accesses, or service required to be provided by either Owner of Landscape Architect under this Agreement. ARTICLE 14 -COMMUNICATIONS Any communication required by this Agreement shall be made in writing to the address specified below: Landscape Architect: Planning Design Group Attn: James Crosby, P.L.A. 5314 S. Yale Ave., Suite 510 Tulsa, Oklahoma 74135 icrosbv @pdgtulsa.com Owner: City of Owasso, Oklahoma Attn: Warren Lehr, City Manager 200 So Main, City Municipal Building Owasso, Oklahoma 74055 wlehr @cityofowasso.com Nothing contained in this Article shall be constructed to restrict the transmission of routine communications between representatives of Landscape Architect and Owner. ARTICLE 15 -WAIVER A waiver by either Owner or Landscape Architect of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party's rights with respect to any other further breach. 51 Page ARTICLE 16 - SEVERABLILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any provision of this Agreement void shall, in no way, affect the validity of enforceability of any other provision of this Agreement. Any void provision shall be deemed served from this Agreement and the balance of this Agreem4ent shall be construed and enforced as if this Agreement did not contain the particular portion of provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The terms of this Article shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. ARTICLE 17- INTERIGATION This agreement represents the entire and integrated agreement between Owner and Landscape Architect. It supersedes all prior and contemporaneous communications, representations, and agreements, whether oral or written, relating to the subject matter of this agreement. ARTICLE 18- THIRS PARTY RIGHTS Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than Owner and Landscape Architect. 6 l Page 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 City Manager and the Mayor of the City of Owasso. Attest: 82 Subscribed and Sworn to me this day of July, 2019 Notary Pu Commission # / Expiration: Attest: Juliann M. Stevens, City Clerk Approved: "LANDSCAPE ARCHITECT" PDG, LLC. d /b /a Planning Design Group 0 James Crosby, President Date: "OWNER" THE CITY OF OWASSO, OKLAHOMA, a municipal corporation 0 Chris Kelly, Mayor Julie Lombardi, City Attorney 7 iPage ATTACHMENT "A" PAGE 1 SCOPE OF SERVICES 1. Program and Analysis Phase Working from electronic base survey information and Geotechnical Report Provided by the City of Owasso, this phase will evaluate and analyze the following: A) The team will make an initial site visit to walk and photograph both properties to get familiar with the features, views and relationship to the surrounding property. B) Kick off meeting with city staff to discuss previous city and citizen input and develop a final scope for the project. C) Evaluate information and data from this phase to develop the final program of work to commence with Conceptual Design. 2. Conceptual Design Phase Following the review with the City, input and establishment of the final project programing, we will prepare conceptual plans for each site utilizing the electronic base survey and Geotechnical Report information provided by the City of Owasso. The following outlines activities with this phase. Funtastic Island Plav Feature A) We will develop layout and conceptual plans for Funtastic Island Play Feature, this would include some or all of all of the following items in this area: 1. This area will be design as a master plan to show currently funded items and future expansions. This will allow for the proper spacial requirements to be designed without jeopardizing future expansion of the area. 2. The master plan will include analyzing the existing equipment in the area to determine if any of it is salvageable. 81 Page ATTACHMENT "A" PAGE 2 3. A water playground divided into multiple pods to accommodate phase I and future phases with a Funtastic Island theme which will include a pass through water system generally consisting of multiple upright spray toys as well as multiple ground spray nozzles situated on a concrete pad, color graphics may be considered on the pad if budget allows, a vault with valve manifold and backflow device, and an above grade programmable controller. This feature does not require state approval. 4. Work with the City to provide utility connections to city lines as required for the operation of the facility. 5. Development of seating plaza adjacent to the Water Playground including but not limited to a shade structure of multiple shade structure, fencing, benches and picnic tables with a sidewalk system connecting the different components of the entire play facility and the existing parking lot within the park. B) Prepare and provide to the city a color rendering of the facility for public display and or approvals. C) Schedule and attend a team meeting with the city staff to go over the Conceptual design package. D) Prepare architects probable cost for the project. Sports Park Trail A) The trail would generally be situated in the southern portion of the park and adjacent to the new regional detention facility to create a trail system to host running and walking events. B) The trial would generally include: 1. The trail will consist of an asphalt trail system. 2. The trial will have a varied width of six (6) and eight (8) foot widths. 3. The trail will be constructed with an aggregate base material and asphalt surfacing. 4. The trail will follow the general layout previously submitted by PDG and approved by the City that has been depicted on the masterplan. __ 91 Page ATTACHMENT "A" PAGE 3 C) Proposed features along the trail would include but not limited to: 1. Construction of a trail head at an existing parking area. 2. The trail will contain benches for resting and enjoying the natural scenery, and could also include measured distance markers or more accurate timing. D) Prepare and provide to the city a color rendering of the facility for public display and or approvals. E) Schedule and attend a team meeting with city staff to go over the conceptual design package. F) Prepare architects probably cost for the project. 3. Preliminary Design Phase Following owner's review and acceptance of the conceptual plans, we will prepare the preliminary plans incorporating any comments or revisions requested by the city. The following outlines the necessary activities within this phase: A) Develop preliminary construction documents based on conceptual designs approved in the previous phase of work, including: B) Schedule and attend a team meeting with the city staff to go over the 75% preliminary construction document package. C) Prepare architects probable cost for each on the two projects. 4. Final Design Phase Following the owner's review and acceptance of the preliminary plans, we will prepare the final construction documents incorporating any comments or revisions requested by the city. The following outlines the necessary activities within this phase: A) Develop final construction documents based on the approval of the preliminary plans in the previous phase of work. Including; 1. Finalize all plans, and construction details. 2. Prepare necessary bidding specifications. 3. Prepare architects probable cost for each on the two projects. 101 Page ATTACHMENT "A" PAGE 4 B) Schedule and attend a team meeting with the city staff to go over the 100% final construction document package. C) Deliver bid packages for the city to advertise or negotiate a construction contract. 5. Bidding and Construction Administration Phase Assist the city with bidding and construction administration. The city will be responsible for the day to day inspections. The following outlines PDG's scope. A) Answer questions from bidders, B) Issue addendum during the bidding phase C) Assist the city in bid evaluation D) Answer questions by email or phone throughout the project E) Assist the city and prepare Request for Information (RFI) and Request for Proposals (RFP) throughout the project. F) Assist the city and prepare Change Orders (CO) throughout the project. G) Make site visits during construction a minimum of bi- weekly and weekly as necessary each including a Construction Observation Report (COR). H) Assist and attend the final walk through with the contractor including a Punch List prepared by PDG. 6. Basic Compensation We will execute the above described scope of Basic Services as indicated in items 1 through 5 with an overall total project Budget of approx. $1,423,900.00 and for a lump sum fee of $91,700.00 with the following breakdown: 1. Programming & Conceptual Design Phase $ 0.00 2. Preliminary Design Phase $10,500.00 3. Final Design Phase $40,000.00 4. Bidding &Construction Administration Phase $18,000.00 Total Fee for this Site $68,500.00 111 Page ATTACHMENT "A" PAGE 5 1. Programming & Conceptual Design Phase $ 0.00 2. Preliminary Design Phase $ 5,200.00 3. Final Design Phase $12,500.00 4. Bidding &Construction Administration Phase $ 5,500.00 Total Fee for this Site $23,200.00 7. Additional Services Any services requested which are not included under the basic scope of service in this proposal will be passed on as an hourly fee or can be quoted as a lump sum upon request. All additional fees will be approved in advance by the owner. The following hourly rates will apply: Hourly Rates Principal.......... ............................... ........................$135.00 Lead Project Designer /Project Manager .......... $115.00 Project Designer ...................... ..............................$ 95.00 Designer / Production .............. ..............................$ 85.00 Billings for services are sent out monthly for work in progress or at the completion of the project or a specified phase of work. Terms of payment are "Net 30 Days" from the date of the Invoice. 121Page REAL Pooplo • REAL CM1ancYr• REAL CommuNly TO: The Honorable Mayor and City Council The Honorable Chair and Trustees Owasso Public Works Authority FROM: Linda Jones, Finance Director SUBJECT: Resolutions - Oklahoma Water Resources Board (OWRB) Promissory Note, Series 2019 DATE: July 12, 2019 BACKGROUND: On Tuesday, March 19, the Owasso Public Works Authority (OPWA) Trustees approved bond council and financial advisor professional service agreements needed to file an application with the Oklahoma Water Resources Board (OWRB) for financing certain OPWA water and wastewater system improvements. OWRB SERIES 2019 PROMISSORY NOTE: The proposed Promissory Note would finance the following water and stormwater projects: • Upgrade of the Wastewater Treatment Plant • Upgrade of Coffee Creek sewer lift station • Upgrade Smith Farm gravity sewer line • Upgrade Ranch Creek sewer interceptor, 96th to 1161h As a public trust of the City, the OPWA cannot incur debt without the approval of the City Council. City Resolution 2019 -15 authorizes the OPWA to issue its Promissory Note, Series 2019. The resolution also ratifies and confirms existing agreements between the City and the OPWA and provides various other requirements of the financing. OPWA Resolution 2019 -04, authorizes the issuance of Promissory Note, Series 2019 up to $26,750,000. The resolution also ratifies and confirms existing agreements between the City and the OPWA, provides various other requirements of the financing and authorizes the execution of all documents related to the transaction. CITY COUNCIL RECOMMENDATION: Staff recommends approval of Resolution 2019 -15, a Resolution of the City of Owasso, Oklahoma (the "City ") approving action taken by The Owasso Public Works Authority (the "Authority ") authorizing issuance, sale and delivery of the Authority's Series 2019 Promissory Note to Oklahoma Water Resources Board; ratifying and confirming a Lease Agreement; authorizing documents pertaining to a year -to -year pledge of certain sales tax revenue; and containing other provisions related thereto. OPWA RECOMMENDATION: Staff recommends OPWA Trustee approval of OPWA Resolution 2019 -04, a Resolution of The Owasso Public Works Authority (the "Borrower ") authorizing a loan from the Oklahoma Water Resources Board in the total aggregate principal amount of not to exceed $26,750,000; approving the issuance of a Series 2019 Promissory Note to Oklahoma Water Resources Board in the total aggregate principal amount of not to exceed $26,750,000, secured by a pledge of revenues and authorizing its execution; designating a Local Trustee; approving and authorizing the execution of a Trust Agreement; approving and authorizing the execution of a Loan Agreement; approving and authorizing the execution of a Security Agreement; ratifying and confirming a Lease Agreement; approving and authorizing a Note Purchase Agreement; authorizing documents pertaining to a year -to -year pledge of certain sales tax revenue; approving various covenants; approving and authorizing payment of fees and expenses; and containing other provisions relating thereto. ATTACHMENTS: City Council Resolution 2019 -15 OPWA Resolution 2019 -04 CITY OF OWASSO, OKLAHOMA RESOLUTION NO. 2019-15 A RESOLUTION OF THE CITY OF OWASSO, OKLAHOMA (THE "CITY ") APPROVING ACTION TAKEN BY THE OWASSO PUBLIC WORKS AUTHORITY (THE "AUTHORITY ") AUTHORIZING ISSUANCE, SALE AND DELIVERY OF THE AUTHORITY'S SERIES 2019 PROMISSORY NOTE TO OKLAHOMA WATER RESOURCES BOARD; RATIFYING AND CONFIRMING A LEASE AGREEMENT; AUTHORIZING DOCUMENTS PERTAINING TO A YEAR -TO -YEAR PLEDGE OF CERTAIN SALES TAX REVENUE; AND CONTAINING OTHER PROVISIONS RELATED THERETO WHEREAS, The Owasso Public Works Authority (the "Authority ") did, by its Resolution adopted on July 16, 2019, authorize the issuance, sale and delivery of its Series 2019 Promissory Note to Oklahoma Water Resources Board, in order to finance the costs of certain improvements to the Authority's sanitary sewer system (the "Project "); and WHEREAS, the City Council of the City of Owasso, Oklahoma (the "City ") hereby determines that the actions taken by the Authority should be authorized and approved; and WHEREAS, the City hereby determines that such other action necessary or attendant to accomplishment of the referenced financing should be considered by the City Council of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA: SECTION 1. ISSUANCE OF NOTE. That the issuance, sale and delivery of the Authority's Series 2019 Promissory Note to Oklahoma Water Resources Board in the principal amount of not to exceed $26,750,000.00 (the "2019 Note "), all as approved by said Authority on July 16, 2019, be and hereby is authorized, approved and ratified. SECTION 2. APPROVAL. That all actions heretofore taken by the Authority in connection with the issuance, sale and delivery of the 2019 Note, and all other aspects of the transaction be and are hereby authorized, approved and ratified. SECTION 3. LEASE AGREEMENT. The Lease dated July 31, 1973, as amended by an Amendment to Lease dated as of July 1, 1996, between the City and the Authority (collectively, the "Lease Agreement "), whereby the City leases its water, sanitary sewer, garbage and trash collection systems and the Bailey Ranch Golf Club to the Authority, is hereby ratified and confirmed and the term of said Lease, as amended, shall extend until the 2019 Note is paid. SECTION 4. SALES TAX PLEDGE. That the Mayor or Vice Mayor and City Clerk or Deputy City Clerk be and are hereby authorized to execute and deliver any and all documentation on behalf of the City pertaining to a year -to -year pledge of certain sales tax revenue levied by the City. SECTION 5. NECESSARY ACTION. The Mayor or Vice Mayor and City Clerk or Deputy City Clerk of the City representing the City at the closing of the above - referenced note issue are hereby authorized to execute and deliver for and on behalf of the City any and all other documents or instruments reasonably necessary to accomplish the issuance, sale and delivery of the 2019 Note and all other aspects of the transaction. Resolution 2019 -15 Page 1 of 2 PASSED AND APPROVED THIS 16TH DAY OF July, 2019. CITY OF OWASSO, OKLAHOMA (SEAL) Chris Kelley, Mayor ATTEST: Juliann M. Stevens, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney Resolution 2019 -15 Page 2 of 2 sd C9. L PoOple-." .-, -REAL COmmuniry TO: The Honorable Mayor and City Council FROM: Julie Trout Lombardi City Attorney and General Counsel SUBJECT. Resolution 2019 -16, Authorization to Initiate Condemnation Proceedings to Acquire Property for the North Garnett Road Widening Project at the Intersection of North Garnett and 1 16th Street North DATE: July 12, 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 116th Street North. Parcels No. 9 and 9.1 are located at 11625 North 113th East Avenue, and are owned by Key Plus Properties, LLC. An appraisal of the ROW and easements needed on this property was performed on or about April 2, 2019. The value of the ROW and easements was found to be approximately $298,132.00. On April 16, 2019, a letter was sent to the property owner and their attorney offering compensation in the amount of $298,132.00 for 26,158 square feet of ROW, and $8,771.20 for temporary easements. This offer was not accepted, and the City has declined to make additional offers. 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 Key Plus Properties, LLC, parcel. The ROW and easements needed will be utilized for a public purpose, therefore a condemnation action is both warranted and appropriate. 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 Key Plus Properties, LLC, property. RECOMMENDATION: Staff recommends approval of Resolution 2019 -16, authorizing the filing and prosecution of a condemnation action to obtain the necessary ROW and easements on the Key Plus Properties, LLC, property described therein. ATTACHMENTS: Resolution 2019 -16 Appraisal Offer letter dated April 16, 2019 CITY OF OWASSO, OKLAHOMA RESOLUTION 2019 -16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA RESOLVING THE NECESSITY OF INSTITUING AND PROSECUTING CONDEMNATION PROCEDURES TO OBTAIN PROPERTY LOCATED AT 11625 NORTH 113th EAST AVENUE, OWASSO, OKLAHOMA. WHEREAS: The City of Owasso, by and through officers and agents thereof, has endeavored to purchase certain property from Key Plus Properties, LLC, an Oklahoma Limited Liability Company, with the following legal description: Permanent Right of Wav A tract of land located in the Southwest Quarter of the Southwest Quarter (SW /4 SW /4) of Section Five (5) of Township Twenty -one (21) North and Range Fourteen (14) East of the Indian Base and Meridian (I.B. &M.), according to the U.S. Government Survey, thereof, Tulsa County, State of Oklahoma; being more particularly described as follows: Commencing at the SW corner of the SW /4 of Sec. 5, T -21 -N, R -14 -E, I.B. &M.; Thence N 01'08'37" W along the west line of said SW /4 a distance of 50.00 feet to the Point of Beginning; Thence N 01'08'37" W along the west line of said SW /4 a distance of 266.00 feet; Thence N 88'51'08" E a distance of 60.00 feet; Thence S 01'08'37" E a distance of 225.89 feet; Thence along a curve to the left having a radius of 25.00 feet, a central angle of 90'04'27 ", a chord bearing of S 46'10'50" E, a chord length of 35.38 feet, for a distance of 39.30 feet; Thence N 88'46'56" E a distance of 261.97 feet; Thence S 01'08'37" E a distance of 65.00 feet to the south line of said SW /4; Thence S 88'46'56" W along the south line of said SW /4 a distance of 297.00 feet; Thence N 01'08'37" W a distance of 30.00 feet; Thence N 46'10'50" W a distance of 28.28 feet; Thence S 88'46'56" W a distance of 30.00 feet to the Point of Beginning, and containing 0.814 acres, more or less Temporary Right of Way: A tract of land located in the Southwest Quarter of the Southwest Quarter (SW /4 SW /4) of Section Five (5) of Township Twenty -one (21) North and Range Fourteen (14) East of the Indian Base and Meridian (I.B. &M.), according to the U.S. Government Survey, thereof, Tulsa County, State of Oklahoma; being more particularly described as follows: Commencing at the SW corner of the SW /4 of Sec. 5, T -21 -N, R -14 -E, I.B. &M.; Thence N 01'08'37" W along the west line of said SW /4 a distance of 316.00 feet; Thence N 88'51'08" E a distance of 60.00 feet to the Point of Beginning; Thence N 88'51'08" E a distance of 10.00 feet; Thence S 01'08'37" E a distance of 225.90 feet; Thence along a curve to the left having a radius of 15.00 feet, a central angle of 90'04'27 ", a chord bearing of S 46'10'50" E, a chord length of 21.23 feet, for a distance of 23.58 feet; Thence N 88'46'56" E a distance of 156.98 feet; Thence N 0113'04" W a distance of 40.00 feet; Thence N 88'46'56" E a Resolution 2019 -16 Page 1 of 2 distance of 70.00 feet; Thence S 0113'04" E a distance of 40.00 feet; Thence N 88'46'56" E a distance of 35.00 feet; Thence S 01'08'37" E a distance of 10.00 feet; Thence S 88'46'56" W a distance of 261.97 feet; Thence along a curve to the right having a radius of 25.00 feet, a central angle of 90'04'27 ", a chord bearing of N 4610'50" W, a chord length of 35.38 feet, for a distance of 39.30 feet; Thence N 01'08'37" W a distance of 225.89 feet to the Point of Beginning, and containing 0.183 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 Key Plus Properties, LLC to purchase the land referenced above; and WHEREAS: Key Plus Properties, LLC has 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 Key Plus Properties, LLC has declined such offer of payment by the City of Owasso. APPROVED this 16th day of July, 2019, by the City Council of the City of Owasso. Chris Kelley, Mayor Juliann M. Stevens, City Clerk Approved as to form: Julie Lombardi, City Attorney 5033779.1 Resolution 2019 -16 Page 2 of 2 An Appraisal of Real Property — Appraisal Report Parcels 9 & 9.1 (Proposed Permanent Right -of -Way & Temporary Right -of -Way) 11625 North 113th East Avenue Collinsville, Oklahoma Prepared For: Mr. 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: March 20, 2019 Date of Inspection: March 20, 2019 Date of Report: April 2, 2019 C.3 i� ;r{ r.p 1.-. "^ , see v 4,. i 1 April 2, 2019 Mr. Mike Craddock Terra Acquisition Services 8458 South College Avenue Tulsa, Oklahoma 74137 RE: An Appraisal Report on Parcels 9 and 9.1, which are the proposed permanent right -of -way and temporary right -of -way respectively, to be located at 11625 North 113th East Avenue in Collinsville, Oklahoma. Dear Mr. Craddock: In accordance with your request, an Appraisal Report has been completed on the previously referenced real property. 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 and the City of Owasso. Based upon information contained in the following report, it is our opinion that the taking of the proposed acquisition areas impacts the present improvements as it pertains to the 11 customer parking spaces located on the west side of the building; however, these spaces can be moved to the east side of the building. The proposed acquisition of the permanent right -of -way also results in the encroachment of an awning. This is cured by cutting -back the awning and compensating the owner for the lost area. We do not feel the taking of the proposed acquisition areas materially impacts any of the other present improvements and does not change the highest and best use of the property. Therefore, this valuation focuses on the underlying land. Conversely, this valuation does not include an allocation for benefits to the remainder. 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. This appraisal includes the hypothetical condition that the remainder parcel is valued "as if" the taking has occurred. A hypothetical condition is a condition directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assigned results, but is used for the purpose of analysis. ;" ,�......_.j 3 i' 4..,w ,i p z, $ "'a. ? <� 3. >.' ' a,,, k,,.,., _ x'„ Mr. Craddock April 2, 2019 Page 2 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. Based on available information, not limited to that set forth in this report, as of March 20, 2019, the compensation as detailed in the following report is allocated as follows: Due to Owner Parcel 9 Parcel 9.1 Damages to Remainder Total Compensation Respectfully, Thomas E. Roberson Oklahoma Appraiser Number 13353CGA /cdk $ 277,562 12,789 7.781 $298,132 rj. ','/ Re—aIs'- IyId is ors David C. Roberson, MAI, SRA Oklahoma Certified Appraiser No. 10344 Table of Contents PART I Preface Identification Photographs of the Subject Property ................... . ................._......... ...3 Certification........ .... ............................. ............... .. ........................ ........ ..............................4 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 t! e Appraisal ...................................................... ............................... 10 Definition of Market Value .............................................................. ............................... 10 "As Is" Premise ............. .... ... ...... .... ........ ...................... . ..... . .............................. ... .... ._. .... I. 10 Effective Date of the Appraisal....._ ............................. ............................... 11 Dateof Inspect ion .............. .............. ............. ................................................ ................. I 1 Dateof Report ........ ..................................... ...................................... ......... ... ........... ....... 1 1 PropertyRights Appraised ... ............................ ........... ............................... ..................... 11 Scopeof the Appraisal ......... ......................................................................... ........ ........ 1 1 ExposureTime ......................... ................................................... ............. .......................... 12 MarketingTime .................................................................................. ............................... 12 PART III Presentation of Data Metropolitan Stati_stica! Area Data and Analysis ....................................... ........ ........ 14 Neighborhood Data and Analysis .......................... ........ ............................................. 20 - iistory of Ownership .................... .............................. ........... ... ..... .... ..... ................. ........ 22 Ad Valorem Taxes and Assessment Analysis ...._ ......................... ............................... 23 SiteData and Analysis ............ ......... ........................................... .. .... --- ........................ 24 PART IV Analysis of Data and Value Conclusions Highest and Best Use Analysis ...........................................__.......... ..... ......................... 32 theAppraisal Process ...................... ........ .......... .. ............ ................ . ...... I ...... ... .... .......... . 33 Site Valuation - Before Acquisition ................................................ ............................... 34 Parcel 20- Proposed Permonenf Right -of- Way ............. ............. . ........................ ...... 44 Parcel 20..A - Perpetual Easement ................................................ ............................... 46 Parcel 20.8 - Perpetual Drainage Easement ....................... ....... ................... ......... ... 48 Parcel 20.1 - Proposed Temporary Right -of- Way ....................... ............................... 50 Total Estimated Compensation ....... .................................. --- ..... . .... ............................ 52 PART V Addendum Qualifications of the Appraiser State Certification T Part I - Preface n +moo Identification Photographs of the Subject Property Aerial of the subject's general area Aerial of the subject's immediate area Roberson + Cornpany Realty Advisors, LLC Page 2 r Subject Property e Site Delineation (approximate) 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 Oklahoma. Based on available information, not limited to that set forth in this report, as of March 20, 2019, the compensation as detailed in the following report is allocated as follows: Due to Owner Parcel 9 Parcel 9.1 Damages to Remainder Total Compensation Respectfully, 1 i Thomas E. Roberson Oklahoma Appraiser Number 13353CGA $ 277,562 12,789 7,781 $298,132 David C. Roberson, MAI, SRA Oklahoma Certified Appraiser No. 10344 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. >> This appraisal includes the hypothetical condition that the remainder parcel is valued "as if' the taking has occurred. A hypothetical condition is a condition directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assigned results, but is used for the purpose of analysis. Summary of Salient Facts and Conclusions Property Type: Vacant (undeveloped) Land Acquisition Type: Proposed Permanent Right -of -Way and Temporary Right -of- Way Property Address: 11625 North 1 131h East Avenue Collinsville, Oklahoma Legal Description: A detailed legal description of the subject property, "as is' can be found in the History of Ownership section of this report; while legal descriptions for the acquisition areas can be found in their corresponding sections of this report. Assessor Parcel Number: 91405 -14 -05 -50160 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. Intended Users: The intended users of this report are the client, Terra Acquisition Services and the City of Owasso. Property Right Appraised: Fee Simple Estate Owner of Record: Key Plus Properties, LLC (subject to verification by abstract) Date of Valuation: March 20, 2019 Date of Inspection: March 20, 2019 Date of Report: April 2, 2019 Site Size: ± 2.46 Acres or ±107,278 SF - Before Gross 0.81 Acres or 35,447 SF - Less: Right -of -Way (Scat & New) 1.65 Acres or 71,831 SF -Remainder Flood Zone: Panel # 40143C0130K August 3, 2009 Unshaded Zone X Zoning: CS - Commercial Shopping Highest and Best Use: "As Vacant" - Owner- occupied, or build -to -suit, commercial development that conforms to zoning Estimated Compensation: Due to Owner Parcel 9 - Permanent Right -of -Way Parcel 9.1 - Temporary Right -of -Way Damages to Remainder Total Compensation $ 277,562 12,789 7,781 $298,132 Part 11 - Premises of the Appraisal 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 and temporary right -of -way 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 Users of the Appraisal The intended users of the appraisal are the client, Terra Acquisition Services, and the City of Owasso. 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 be taken 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 condition's 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 (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 - 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." Effective Date of the Appraisal The "as is" effective date of this report is March 20, 2019. 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 (6}h 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 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. The property owner's representative, Estoban Torres, was contacted, and elected to meet the appraisers for an inspection on April 5, 2019. In the analysis section of the report, the appraiser applied the Sales Comparison Approach, which is felt to be the best indicator of value. 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. In our opinion, the highest and best use for the subject site, "as vacant ", is owner - occupied, or build -to -suit, commercial property 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 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. 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 15 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, 2018, there were 2,336 developer -held lots in platted addition in Tulsa County. The actual inventory is higher, as this figure excludes builder -held lots. This figure is 33% higher than the June 30, 2018 level. According to the Realtor's Association of Tulsa, the average year -to -date house sales price, as of December, 2018 was $193,100, indicating a 2.4% increase over the corresponding figure for 2017. The median year -to -date home price recorded as of December, 2018 was $162,500, indicating a 3.9% increase over the past year. Employment The Tulsa metro area's non - seasonally adjusted unemployment rate as of December, 2018 was 3.0% based on data from the U.S. Bureau of Labor Statistics. This is a decrease from the August, 2017 rate of 4.5 %. Tulsa's unemployment rate was slightly lower than both the national average of 3.9% and the 3.1% 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, 250 to 499 employees. Demgraphic Summary (Metropolitan Statistical Area) Population- 2000(Census) 859,532 Population- 2010(Census) 937.478 Population- 2018(Census) 1,015,526 Population- 2023(Estimate) 1.066,374 Average A (2000 -2010) 0.87% Average A (2010-2018) 0.97% Average A (2018 -2023) 0.98% 2018 Median Age 37.8 Median Household Income (2018) $53.357 Average Household Income (2018) $74,068 Per Capita Income (2018) $29,047 Average Annual A (2018 -20231 236% Income Mix - $15,000 - $24,999 (2018) 10.5% Income Mix - $25,000- $34,999 (20181 10.6% Income Mix- $35,000- $49,999(2018) 13.6% Income Mix- $50,000- $74,999(2018) 18.2% Income Mix- $75,000- $99,999(2018) 12.7% Income Mix- $100,000$149,999(2018) 13.2% Income Mix- $150.000-$199,000(2018) 4.8% Income Mix- $200,000 +(2018) 4.6% Total labor Force (MSA) (Dec 2018) 481,900 Unemployment Rate (MSA) (Dec 2018) 3.0% Unemployment Rate (State) (Dec 2018) 3.1% Unemployment Rate (National) (Dec 2018) 3.9% Households (2018) 393,279 Average Household Size (2018) 2.54 Median Home Sales Price (2018) $156,855 Av erage Sales Price (Aug 2018) (YTD) $198,908 New Residential Building Perrnits (2003) 3.962 New Residential Building Permits (2004) 4,269 New Residential Building Permits (2005) 4,925 New Residential Building Permits (2006) 4,632 New Residential Building Permits (2007) 4,288 New Residential Building Permits (2008) 2,702 New Residential Building Permits 12009) 2,445 New Residential Building Permits 12010) 2.138 New Residential Building Permits (2011) 1.761 New Residential Building Permits (2012) 2,314 New Residential Building Permits (2013) 2,727 New Residential Building Permits (2014) 2,731 New Residential Building Permits (2015) 2,669 New Residential Building Permits (2016) 2,676 New Residential Building Permits (2017) 2.795 New Residential Building Permits (2018) 2,600 Table 1 - MSA Analysis The Tulsa Economic Summary, as of October 3, 2018 as published by the U.S. Bureau of Labor Statistics, (BLS) may be found on the following pages: __ Tulsa Area Economic Summary Updated January 31, 2019 This summary presents a sampling Of economic information for the area; supplemental data are provided for regions and the nation. Subjects include unemployment, employment, wages, prices, spending, and benefits. All data are not seasonally adjusted and some may be subject to revision. Area definitions may differ by subject. For more area summaries and geographic definitions, see www,bis.gov/ regions /econamic-summaries.htm. Unemployment rates for the Tulsa area, selected area counties, and the nation Unemployment rates UnBed States 3.9 3.7 Tnlsamed __. _. ' 41 3.0 Creek Co. 14.6 3.4 3.9 Pogers CO. 2.9 Tuba Co. 6000000 I 3.9 2.9 Wagoner Co. - -j 3.9 3.0 I 1 0.0 1.0 2.0 3.0 4.0 5.0 u Dec -17 as Dec-18 Source: U5. BIS, local Area Unemployment statistics. Average weekly wages for all industries by county Tulsa area, 2nd quarter 2018 (U.S, =$1,055; Area =$917) = $799 or less =am-899 = 900 or more Osage LPawnee Rogers Tulsa area employment (numbers in thousands) Wagoner Ueek 9.9 11 Mining and logging 73 L�- 9.0 construction 24.4 Okmuiges 2.1 Source: U5.8m. quam,V @mu, arrmpl r mem.. Wages. Over - the -year changes in employment an nonfarm Payrolls and employment by major industry sector 12 -month percent changes in employment pertem 4.0 -Tulsa area ­-United States 3.0 2.0 1.0 0.0 -1.0 -2.0 Dec -15 Dec -16 Deo17 Dec -18 Soerce: U.S, 31; current Ennoogmentstaust So,n": us. M, a,rmm EmphymemstatInra. U.S. BUREAU OF LABOR STATISTICS e bls.gov I © @BLS_90v BN1/ Roberson + Company Realty Advisors, LLC Page 17 Tulsa area employment (numbers in thousands) TotalnoNarm 470.4 9.9 11 Mining and logging 73 0.6 9.0 construction 24.4 0.5 2.1 Manufacturing 49.8 2.1 4.4 Trade, transportation, and uvirdes MA 2.0 12 Infarmatlon 6.6 42.6 -83 Finan WaannUes 23.2 O.1 4.4 Professlonaland t,usinetssery as 61.9 1.3 2.1 Education and health Servkes 72.9 0.8 1.1 Leisure and hospitality 47.1 24 4.4 Otherservkes 20.4 DA 2.0 Government 622 1 0.9 1 IS Soerce: U.S, 31; current Ennoogmentstaust So,n": us. M, a,rmm EmphymemstatInra. U.S. BUREAU OF LABOR STATISTICS e bls.gov I © @BLS_90v BN1/ Roberson + Company Realty Advisors, LLC Page 17 Over -the -year change in the prices Paid by urban consumers for selected categories 12 -month percent change in CPI -U, December 2018 4.0 r 1.9 2.0 1 is 1 • 1.5 1.6 0.0 -2.0 ■South region 41.3 u U.S. city average 2.8 4.0 78.36 - -- All Items Food Energy Sparta U.S. WIS Ur fvmcr Pnm IMtt. 71A5 Average annual spending and percent distribution for selected categories South Region average annual expenditures 2017 Over - the -year changes In the selling Prices received by Producers for selected industries nationwide Percent 12 -month percent changes in PPI 12.0 General freight trucking Hospitals 90 Engineering services 6.0 3.0 r 0.0 -3.G -3.0 r Dec- 15 Dec -I6 Dec -17 Dec -18 Source: U.S. BLS, Producer Price Index. Average hourly wages for selected occupations All other Housing Taal, all occupations $21.76 $14.34 Dentists, general 78.36 83.71 Petroleum engineers 71A5 74.41 General and operations managers 52.36 5935 Healthcare Human resources managers 49.87 5938 Aeceuntemsandauditors 36.24 37.46 Registered nurses 29.34 3536 Rotmydrill operators, 09 and gas 24.80 27.01 Machinists 21.74 2113 Pensions $9,347 rAl,Wmer service repectentatives 15.66 17.14 ConstruRbn taborets 15.01 18.70 Retallsalespersons 13.37 13.20 Total: $54815 rooks, fast food 8.89 10.39 $puree: US. US, (pmYmer F[PlnaituR SYM1ty. $pYrte: U.S, e15, P[cupatiplal fmpO/ment Sn115irtS.MaY 1017. Employer costs per hour worked for wages and Over - the -year changes in wages and salaries selected employee benefits by geographic division 12- momhpertem changes InECI Percent 4.0 -- -WestSllUdlCentral -- Unbed Saws Total compensa[bn $32.94 $39.53 Wagesandsalarles 23.65 24.06 1.0 Total benefits 9.29 10.48 ' Paid leave 2.21 2.41 1.0 - - - - Vacation 1.12 LB Supplemental pay L39 1.32 Insurance 224 2.74 0.0 Retirement and savings L16 335 Legally required benefits 2.49 2,66 3.0 Oec39 0e 16 13 o-17 Dec -28 SeWnt .patio fenirali c, Cof fo IA, Wo ee T%. Spurtc:LLS.eL[, Empbwrfgnfprfmpipytt fampeMatlon Spurte:y5. am. FmpbMent WtlMet Southwest information Office v BL9lnfoDalles @bb.gov a hups -./ /www.bb.gm /regions /muthwest • 971- 860 -4800 BLS Roberson + Company Realty Advisors, LLC Page 18 Occupational Employment Information published by the BLS indicates workers in the Tulsa Metropolitan Statistical Area had an average (mean) hourly wage of $21.76 in May, 2017 (the most recent time period for which the comparative data is available), which is 11 % lower than the national average of $29.34. Local employment was highly concentrated in eight of the 22 occupational production, installation/ maintenance /repair and sales related. Conversely, the TMSA had ten groups significantly below the national average. These include: education; computer; and personal care. Statistics published by BLS are identified as follows: Table A- Occupational employment and wages by major occupational group, United States and the Tulsa Metropolitan Statistical Area, and meesuros of statistical significance, May 2017 More current employment and wage comparison information is presented on the following page: Roberson + Company Realty Advisors, LLC Page 19 PSrumoftmenpfoynentl Wan hourly Ways 1- -UniYd � United ) Peteant MalorocupasorWgrmrp Sbtbi Tulsa �. States Tulsa digsnicsW Tool, all occupations _ - -�. 100.0 100.0 _. 524.34 521.76' -11 Management 5.1 5.6• 57.65 5039' 13 Business and financial operadons 5.2 44' 3670 3246•. -12 Computer and mathematical - -- -- 30 20' 4318 4441" Architecture and engineering - 1 8. 19, 41 44 393 1 -6 Life. physical. and social science 08 0.4' 35.76 3620 1. Community and social service 15 1.2' 23.10 20.38' -12 Legal - - -- - -- 08 0.7 51.62 4918 -5 Education, training, and library 6.1 49' 2667 1883' 49 Arts, design• entmbinmem• sports, and media 14 1.0• 2834 2160' -24 Ifeahheare preddltlonere and technical 60 60 3883 3613' -7 Healmran support 1.9 33' 15.05 1397 7 ProYetiva ssrvire - 2.4 1.9' 2269 2020' -it Food cm arid sstving Mated -- - _ - - - -- 9.3 9.4 11.88 1003- -16 Bu.._.a- ' nd -' -g_ -_ ilding rounds deanMg and mairdenanx - 31 24• _. 13.91 1201' -14 Personal rare and service - -- - - - -- 3.6 2.3' -- 13.11 1139• 13 Sales and ralaud - -- -- _ 102 11.1' 19.56 1821' .7. Office and adminisoadva support 15.4 16.2' 1824 17.26' .5 Farming, fishing, and forestry 03 0.1' 1387 1268 -9� Construction and extraction 4.0 4.6' 24.01 2095• -13 Installidm,rrWntenance, and repair 19 4.8' 2302 2168' 46 Production 6.3 8.7" 18.30 1928'. 5 Tnnsponalion and material moving _ _ _ 7.0 7.0 _ 17.82'. 18.85_ -7. `Footnotes: (1) A positive percent difference measures hour much the mean wage in Me Tulsa Metropolitan Statistical Area is above the national mean wage, while a negative difference reflects a lower wage. ' The percent share of employment or mean hourly wage for Ihs area is significantly different from Me national average of all areas at tie 90- percent continence level More current employment and wage comparison information is presented on the following page: Roberson + Company Realty Advisors, LLC Page 19 Table 1. Covered employment and wages In the United States and the 3 I Jun@2111e P change. by Ana 1 (thousands) June 2817 -180 d Stabs IN 147. 431.21 1.5 r.. Cleveland, OK 80.3 0.9I I Oklahoma. OK 457.21 1.41 Tulsa, OK 358.3! -- 1.31_ - - -- lahoma, second quark Average weekly warp Ll Percent change, National ranking Average National ranking second quarter by Percent change et9dysvage. by level 2017 -1812) IN Footnotes: (t) Average weekly wages were calculated using umuuoded data. (2) Percent changes were computed from quarterly employment and pay data adiusled far noneconomic county reclassilicalions. (3) Ranking does not include data for Puerto Rico or the Virgin Islands. (4) Totals for the United Stales do not include data for Puerto Rico or the Virgin Islands. Summary Tulsa's economy centers around the oil industry, although, great strides have been made to diversify. The recovery of the energy sector, beginning in 2017, has aided the economy by adding jobs, with energy prices anticipated to remain stable, drilling activity will likely increase, with an average of 136 rigs during the second quarter, 2018. The resurgence of downtown Tulsa, in terms of residential and commercial development, is anticipated to continue. The resurgence began with construction of the BOK Center and a new baseball field for the local minor league team. 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. National Real Estate Construction Outlook 3.1 32 39 31 3.0 Real Estate Sectors Office Market -Q3 2018 CBD Rental Rate /SF CBD Vacancy Ave. Aggregate Rental Rate Ave. Aggregate Vacancy Rate Net Absorption (Prior 6 mos.) Under Construction /SF Retail Market- Q22018 Average Rental I Rate/SF Average Vacancy Class A Vacancy Net Absorption /SF (Prior 6 mos.) Under Construct -Ion Industrial Market Q3 - 2018 Overall Average Rent /SF Ov era II Average Vacancy Net Absorption /SF (Prior 6 mos.) Under Construction /SF Table 4- MSA $15.29 10.70% $15.38 13.10% 121,076 165,901 $12.43 5.70% 39,489 1,149,700 $4.64 3.90% - 370,795 2,992,086 Dodge Data and Analytics, in their 2019 Dodge Construction Outlook, predicts that total US construction starts for 2019 will be $808 billion dollars, staying essentially even with the $807 billion dollar estimate for 2018. The pattern of construction starts by more specific segments is the following: • Single - family housing will be unchanged in dollar terms, alongside a modest 3% drop in housing starts to 815,000 (Dodge basis). There will be a slight decline in homebuyer demand as the result of higher mortgage rates, diminished affordability, and reduced tax advantages for home ownership as the result of tax reform. Roberson + Company Realty Advisors, LLC Page 20 Multi- family housing will slide 6% in dollars and 8% in units to 465,000 (Dodge basis). Market fundamentals such as occupancies and rent growth had shown modest erosion prior to 2018, which then paused this year due to the stronger US economy. However, that erosion in market fundamentals is expected to resume in 2019. Commercial building will retreat 3 %, following 2% gains in 2017 and 2018, as well as the substantial percentage increases that took place earlier. While 2018 market fundamentals for offices and warehouses are healthy, next year vacancy rates are expected to rise as the economy slows, slightly dampening construction. Hotel construction will ease back from recent strength, and store construction will experience further weaknesses. Manufacturing plant construction will rise 2% following the 18% jump that is estimated for 2018. The recent pickup in petrochemical plant projects should continue, and cuts in the corporate tax rate from tax reform should encourage firms to invest more in new plant capacity. Neighborhood Data and Analysis A neighborhood "is a group of complementary land uses," as defined in the Appraisal of Real Estate, 11th 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 within a five -mile radius. Z I VC Repn, aYe W XW31x- W 1N.a5fu 4.1d 91N w � eslN $ rn I , 1 I 1 I I �I I 1 z I 1 1_ 1SYi1COt :]9': = "E fipY1X 1 I - - I t I e _ n rruroae ___. -_ __!____ 1 1 199 e I EI]OP 9111 1 _ s I r � E16669111 �. S r - - R I E159n 51x � ' n 1 ` 1 O 1 1 9i I 1 1 1 491M t 4a i E 1164 111 _ - ® • m51Mtl E InX 51H Sw, e I 1 Ei9W91N 1 I aj 1 ' 1.4 MUE C90451N p f mob' O svlbun nbi,vrA Gnw I YI tb L N E9wr vma P.k X _ Ewr:plx i 1 Oxau 1 ]6491X 1 1 ^ �J I I iatl Clu4 e faa pd E.19n 51 EaFifl M1,Ihq � . Population P�v In the identified area, the current year population is 30,647. In 2010, the Census count in the area was 24,553. The rate of change since 2010 was 2.72% annually. The five -year projection for the population in the area is 34,109 representing a change of 2.16% annually from 2018 to 2023. I Roberson + Company Realty Advisors, LLC Page 22 Households The household count in this area has changed from 8,780 in 2010 to 10,889 in the current year, a change of 2.64% annually. The five -year projection of households is 12,089, a change of 2.11 % annually from the current year total. Average household size is currently 2.81, compared to 2.80 in the year 2010. The number of families in the current year is 8,403 in the specified area. Households by Income Current median household income is $76,553 in the area, compared to $58,100 for all U.S. households. Median household income is projected to be $83,269 in five years, compared to $65,727 for all U.S. households. Current average household income is $90,493 in this area, compared to $83,694 for all U.S. households. Average household income is projected to be $101,037 in five years, compared to $96,109 for all U.S. households. Current per capita income is $32,263 in the area, compared to the U.S. per capita income of $31,950. The per capita income is projected to be $35,944 in five years, compared to $36,530 for all U.S. households. Housing Currently, 73.5% of the 11,340 housing units in the area are owner occupied; 22.6 %, renter occupied; and 4.0% are vacant. Currently, in the U.S., 56.0% of the housing units in the area are owner occupied; 32.8% are renter occupied; and 11.2% are vacant. In 2010, there were 9,299 housing units in the area - 77.8% owner occupied, 16.6% renter occupied, and 5.6% vacant. The annual rate of change in housing units since 2010 is 9.22 %. Median home value in the area is $186,104, compared to a median home value of $218,492 for the U.S. In five years, median value is projected to change by 2.29% annually to $208,412. History of Ownership Fee simple title to the subject property appears to be held by Key Plus Properties, LLC, which acquired title, via a Warranty Deed, from George T. Wedel, Jr. and Dorothy Lee Buller, Successor Co- Trustees of the Katherine Wedel Trust, on July 17, 2009, for a reported purchase price of $485,000 (Book 2009074908). According to the county clerk, there have been no 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 Dot 32069074900 Page(5): 2Recorded 07120n,009 at 02:37 Pro - Receipt #3507$2 Fee $15.00 Doc Stamps: $727.50 st Mail taxes to. Doc Stumps 9 0.9 n ayzrapo WARRANTY DEED (INDIVIDUAL FORM - WMIOUT SURVIVORSHIP) THIS INDENTURE is made this 17th day of July, 2009, by and between George T. Wedel, Jr., and Dorothy Lee Buller, Successor CaTrustees of the Katherine Wesel Trust Under Indenture dated the 261h day of October, 1975 (referred to herein as "Grantor" whether one or more), and Key Pius Properties, LLC, an Oklahoma limited liability company (referred to herein as "Grantee" whether one or more). WITNESSETII, in consideration of the sum of Ten and No/100 Dollars (SIO.00) and other good and valuable consideration, the r"eipt of which is hereby acknowledged, Grantor does hereby grant, bargain, sell and convey onto said Grantee, and to Grantee's heirs, successors and assigns, forever, all of the following described real estate situated in the County of Tulsa, Stater of Oklahoma, to -wit: A tract of land beginning at the Southwest corner of Section Five (5), Township Twenty-one (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, Oklahoma, thence East Three Hundred Forty -seven (347) feet, thence North Three Hundred Sixteen (316) feet, thence Want Three Hundred Forty -seven (347) feet, thence South Three Hundred Sixteen (316) feet to the point of beginning, LESS AND EXCEPT: Beginning at the Southwest comer of sold SW 14 SW14 SW14; thence North along the Want line of said SW14 SWI4 SWi4 a distance of 50 feet; thence East parallel to the South line of said SW 14 SWi4 SW/4 a distance of 30.0 feet; thence South 45° East a distance of 28.28 feet; thence South parallel to the West line of said SW/4 SW14 SW 14 a distance of 30.0 feet to a point on the South line of said SW /4 SW 14 SW 14; thence West along the South line of said SW /4 SW 14 SWi4 a distance of 50.0 feet to the Point of Beginning. To the appraiser's knowledge, the subject property is not currently listed for sale, and there are no pending contracts of sale. .L -( R r 1 . .. - 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 # 91405- 14 -05- 50160. For 2018 tax purposes, the county assessor valued the subject property with a fair market /total taxable value of $565,500 (last notice of value change occurred on March 7, 2017). The county assessment ratio is 11.0 %, and the 2018 tax rate for the subject's school district was $108.34 per $1,000 of assessed value. According to the county treasurer's office, the parcel's 2018 taxes, which totaled $6,739, have been paid. 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 northeast corner of the intersection of East 116th Street North and North Garnett Road in unincorporated Tulsa County. The physical address of the property is 11625 North 113th East Avenue, Collinsville, Oklahoma 74021. This location is approximately three miles south of downtown Collinsville. The subject is not located within the Owasso city limits; however, it is located within the Owasso fence line, and within the Owasso Public School District. The primary land use in the subject's immediate area is commercial. Legal Description A detailed legal description of the subject property, "as is" can be found in the History of Ownership section of this report; while legal descriptions for the acquisition areas can be found in their corresponding sections of this report. Parcel Number 91405 -14 -05 -50160 Site Size Before Acquisition Acquisition Areas Right -of -Way Statutory (Existing) Permanent (Parcel 9) Total Right -of -Way Temp Esmt (Parcel 9.1) Total Taking After Acquisition Verification Physical Description Acres Square Feet Dimensions Tract Shape 2.46 107,278.60 Various Nearly Square 0.21 9,289.30 Various Irregular 0.60 26,158.00 Various Irregular 0.81 35,447.30 Various Irregular 0.18 7,933.10 Various Irregular 0.60 26,158.00 ±100'x ±185' Rectangular 1.65 71,831.30 Various Irregular The sizes above are based on signed exhibits that were prepared by Kevin M. Newlun, P.L.S. OK 1289, of Benchmark Surveying and Land Services, Inc., on July 11, 2018. Tract Location Corner location with primary frontage along two arterial / section line roadways .. ___ -_ Topography Generally, level. Google Earth elevation points Direction of Traffic (estimated /subject to an elevation certificate): northeast corner - Street Type 698'; northwest corner - 700'; southeast corner - 698'; southwest Frontage - LF (approx.) corner - 701' Drainage Generally, from northeast to southwest. The site appears to drain Lanes adequately. Functional Utility The tract shape, topography, and drainage do not result in any particular hindrances to development. Neighborhood Life Stability. The subject's immediate area is currently experiencing a period of equilibrium without marked gains or losses. No real obvious change. Primary Frontage Street East 116th Street North. The majority of the street does not have Direction of Traffic off -site features such as curbs, gutters, sidewalks, streetlights, etc. Street Type (typical for the area). Frontage - LF (approx.) ±297.00' of frontage on the north side of East 1 16th Street North Paving Asphalt Lanes Two Median Blocked No Direction of Traffic East / West Street Type Arterial / Section Line Property Access Points Two Traffic Level - Daily Moderate -to -Heavy Traffic Control Stop lights at the closest major intersections Expansion Proposed road improvements to East 1 16th Street North will widen and reconstruct 2.4 miles of street from Highway 169 to North Mingo Road. Both east and westbound lanes will be expanded to two lanes, and dedicated left- and right -turn lanes will be added at critical turning points and intersections. The construction will also incorporate a "complete streets" concept into the design process to accommodate a sidewalk and bicycle path on both sides of the road as well as a landscape median in the center of the lanes. Additional improvements will be made to the Ranch Creek drainage crossing as well as the railroad crossing, with upgrades to be made to railway panels, roadway approach transitions and crossing arms, signage and striping. The Owosso Sports Park entrance (west of the subject) will also be realigned, traffic signal will be installed, and East right -turn lane and westbound left -turn lane will be set up and additional parking will be incorporated. The project will be funded by the Vision 2025 Sales Tax Recapture, approved by local voters in April 2016. Secondary Frontage Street North Garnett Road. The majority of the street does not have off - Sewer site features such as curbs, gutters, sidewalks, streetlights, etc. Gas (typical for the area). Frontage - LF (approx.) ±266.00' of frontage on the east side of North Garnett Road Paving Asphalt Lanes Two Median Blocked No Direction of Traffic North / South Street Type Arterial / Section Line Property Access Points Two Traffic Level - Daily Moderate Traffic Control Stop lights at the closest major intersections Flood Zone personal service uses. Map Number 40143C0130K Date August 3, 2009 Zone(s) X (unshaded) FEMA Definition Zone X (unshaded) is a minimal flood hazard area that is defined as the area outside the SFHA (100 -year) and higher than the elevation of the 0.2% annual chance (or 500 -year) flood. Description The subject site is not located within a FEMA identified flood hazard area. Utilities Provider Availability Water Owasso Yes Sewer Owasso Yes Gas ONG /OG &E Yes Electric PSO Yes Overall The subject site is served by all utilities in sufficient capacity to support most light -to- moderate uses. Zoning Jurisdiction Tulsa County District CS - Commercial Shopping Purpose The CS district is primarily intended to accommodate convenience, neighborhood, subcommunity, community, and regional shopping centers providing a range of retail and personal service uses. Conforming Use* The present improvements appear to be legally conforming. Chances of The comprehensive plan for the City of Owasso identifies the a Zoning Change? future zoning of the subject site as commercial (includes uses that range from small neighborhood convenience shopping area, single free - standing buildings, big box retailers, restaurants, automotive services centers, and other similar retail uses). More specifically, the City of Owasso's zoning map identifies a zoning district of CS. Other Entitlements To the appraiser's knowledge, the subject site does not currently benefit from any land entitlements (e.g. - surveying, platting, rezoning, zoning variances, use permits, utility approvals, road approvals, landscaping approvals, etc.). Easements/ We were not provided with an ALTA survey, and are unaware of Encroachments" any 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 assumes there are no easements, encroachments, or environmental issues that negatively impact the property. Surrounding Land Uses North Mom's Diner, Owasso 1800, vacant raw land, etc. South Commercial, etc. East Single- family residential, etc. West Church, Single- family residential, etc. Summary Overall, the physical characteristics of the site result in functional utility suitable for a variety of uses, including those permitted by zoning. North Garnett Road formerly served as Highway 169, and the subject's immediate area was referred to as German Corner. With the relocation of Highway 169 to the east of the subject, commercial development along North Garnett Road has suffered. The site is positively impacted by its corner intersection location along a stretch of roadway the is scheduled to undergo expansion. '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 Property Site Delineation (approximate) Roberscn + Company Realty Advisors, LLC Page 31 llr-�-- ,jll� Looking east on East 116th Street North Looking north on North Garnett Road Owasso City Limits (INCOG) Looking west on East 116th Street North Looking north on North Garnett Road Zoning Map (Tulsa County) Roberson + Company Realty Advisors, LLC Page 32 City of Owasso's Comprehensive Plan ��s e, , TI • .� .• AREA CF- r.IINlr AL- - AZARD FEMA Roberson + Company Realty Advisors, LLC r ,r A PR n' r ope Eliapel Owa vl wU n t. :.chool '•.. Zoning Map (Owasso) F School District Page 33 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 owner - occupied, or build -to -suit, commercial 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 description, highest and best use analysis, and 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 subject site is improved with a former convenience store that is currently used as the office for a used car dealership. The structure is approximately 40' east of the proposed permanent right - of -way, which is sufficient to provide a row of display vehicles and drive -lane between the right - of -way and the structure. The taking does not change the highest and best use of the site, and because the primary structure is not materially impacted, this report pertains to the value of the underlying land. 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 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 o f f his 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 some 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. + ��r; 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, an adjustment grid, and value conclusion. Gmpirahle Sala S umlrury 1SM Sale Md. City Salel3ale Sales Prlce Square Feet Tole, Comer lot UUIIUes Zoning S.Weld. 5/SF 5uhfe1111629NMM11131h Fast Avenue Cdliniville - - 97,989 Genaally Level Yes NI CS UnplaVed 1 16500 Emt 06th Street North Owmro 19/3/16 W.000 56.950 G^mally Level Yes M CS .. Gee. at Q.. 511.56 2 9699 W Uth Street Owmso 1116/19 $910.0ro 109.]92 Gen11yuop9g Yes Al CS CmeysG Ci SIMl §0.33 3 19011 Emt 116th Sheet North Qvmfo 5/30/17 $595." 114.996 Genlly9oph,, No a AG(CP =CMMm of WPlallee SSV listing 10601 North Garnett Road O.vmsa - S ;OW,OIp 2.,556 Ge.ny Level Yea All CS WPIalled $6.16 Stleieo50arieo cli Roberson + Company Realty Advisors, LLC Page 38 Grantor Grantee Sale Date Sales Price Recorded Financing LTV / Term Verified By Site Size - Acres Site Size- SF Dimensions Tract Shape Corner Lot Topography Drainage Flood Zone Utilities Zoning Subdivision $ /SF 14500 East 86th Street North Owasso Sale Details Chamey Properties, Inc., et al. Caseys Marketing Company 12/3/2018 $650,000 2018109570 Cash Deed 1.29 56,250 ±250.00' x ±225.00' Rectangular Yes Generally Level Adequate X (unshaded) All CS Greens at Owasso $11.56 Physical Data School District Primary Street Street Type Frontage Traffic Level Access Points Secondary Street Street Type Frontage Traffic Level Access Points Economic Comments The comparable contains approximately 1.29 acres, or 56,250 square feet. It is a platted, rectangular - shaped, tract that has generally level topography, all utilities available, CS zoning, and is located within the Owasso Public Schools school district. The corner lot has approximately ±250.00' of primary frontage along East 86th Street North, and approximately ±225.00' of secondary frontage along North 145th East Avenue. According to msc.fema.gov, the site is located within Flood Zone X (unshaded). The site, which was purchased for the development of a Casey's General Store, is located on the southwest corner of East 86th Street North and North 145th East Avenue, across the street from the Pamela Hodson Elementary School. North 145th East Avenue currently dead -ends one-ourter mile south of East 86th Street North. Owasso East 86th Street North Arterial / Section Line ±250.00' 13,271 vehicles per day One North 145th East Avenue Arterial / Section Line ±225.00' 1,333 vehicles per day One Roberson + Company Realty Advisors, LLC Page 39 Grantor Grantee Sale Date Sales Price Recorded Financing LTV / Term Verified By Site Size - Acres Site Size - SF Dimensions Tract Shape Corner Lot Topography Drainage Flood Zone Utilities Zoning Subdivision $ /SF 9699 East 86th Street Owasso Sale Details Ronald & Gwendolyn Ogan Casey's Marketing Company 11/8/2017 $910,000 2017105694 Cash Deed 2.51 109,292 ±339' x ±322' Trapezoid Yes Gently Sloping Adequate X (unshaded) All CS Casey's General Store 1 $8.33 Physical Data School District Primary Street Street Type Frontage Traffic Level Access Points Secondary Street Street Type Frontage Traffic Level Access Points Economic Comments Owasso East 86th Street Arterial / Section Line Is . . {It r'4 t J0 ±277' 14,771 vehicles per day One North Mingo Road Arterial / Section Line ±310' 7,643 vehicles per day One The comparable contains approximately 2.51 acres, or 109,292 square feet. It is a platted, trapezoid - shaped, tract that has gently sloping topography, all utilities available, CS zoning, and is located within the Owasso Public Schools school district. The corner lot has approximately ±277' of primary frontage along East 86th Street, and approximately ±310' of secondary frontage along North Mingo Road. According to msc.fema.gov, the site is located within Flood Zone X (unshaded). The legal description attached to the aforementioned deed is a metes and bounds legal description; however, infrastructure work had been completed prior to sale and a subdivision plat (Plat #6762) was filed by the buyer subsequent to the land transaction. The site, which was purchased for the development of a Caseys General Store, includes excess land to the north (unknown allocation), and is located on the northwest corner of East 86th Street North and North Mingo Road, adjacent (east side) of train tracks. Roberson + Company Realty Advisors, LLC Page 40 Grantor Grantee Sale Date Sales Price Recorded Financing LTV /Term Verified By 12708 East 116th Street North Owasso Sale Details SPI Commercial, LLC Cross Timbers Ranch, LLC 5/30/2017 $595,000 2017050588 Bank of Oklahoma 651Y / 5 years Deed SiteSize - Acres 2.64 SiteSize - SF 114,998 Dimensions ±285.00'x ±403.59 TractShape Rectangular Corner Lot No Topography Gently Sloping Drainage Adequate Flood Zone X (unshaded) Utilities All Zoning AG (CP = Commercial) Subdivision Unplatted $ /SF $5.17 Physical Data School District Primary Street Street Type Frontage Traffic Level Access Points Owasso East 116th Street North Arterial / Section Line ±285.00' 12,236 vehicles per day One Secondary Street - Street Type Frontage Traffic Level Access Points Economic Comments The comparable contains approximately 2.64 acres, or 114,998 square feet. It is an unplatted, rectangular- shaped, tract that has gently sloping topography, all utilities available, AG (CP = Commercial) zoning, and is located within the Owasso Public Schools school district. The comparable has approximately ±285.00' of primary frontage along East 116th Street North. According to msc.fema.gov, the site is located within Flood Zone X (unshaded). It should be noted that the site size corresponding to the legal description that is identified on the aforementioned deed calculates to ±275 acres, or ±119,700 square feet. The total indicated above excludes the ±16.50' right -of -way for East 116th Street North (increases $0.20 /SF of underlying land). At the time of sale, the site was improved with a single - family residence, (estimated cost to raze of $5,000). The comparable is located within the Ranch Creek Sewer Service Assessment Area, which has a development fee (payback) of $610.33 /acre. It should be noted that the City of Owasso's comprehensive plan identifies the future zoning for this parcel as commercial. 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 Grantor Grantee Sale Date Asking Price Recorded Financing LTV /Term Verified By Site Size - Acres Site Size - SF Dimensions Tract Shape Corner Lot Topography Drainage Flood Zone Utilities Zoning Subdivision $ /SF 10601 North Garnett Road Owasso Sale Details Martha L. Duvall $2,000,000 Lori 011er (Broker) 5.61 244,556 ±400'x ±611' Rectangular Yes Generally Level Adequate X (unshaded) All CS Unplatted !M Physical Data School District Primary Street Street Type Frontage Traffic Level Access Points Secondary Street Street Type Frontage Traffic Level Access Points Economic Comments Owasso North Garnett Road Arterial / Section Line ±400' 13,439 vehicles per day One East 106th Street North Arterial / Section Line ±611' 4,760 vehicles per day One The comparable contains approximately 5.61 acres, or 244,556 square feet. It is an unplatted, rectangular- shaped, tract that has generally level topography, all utilities available, CS zoning, and is located within the Owasso Public Schools school district. The corner lot has approximately ±400' of primary frontage along North Garnett Road, and approximately ±611' of secondary frontage along East 106th Street North. According to msc.fema.gov, the site is located within Flood Zone X (unshaded). The site is located on the northeast corner of North Garnett Road and East 106th Street North. Roberson + Company Realty Advisors, LLC P_,y a 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, I Ith 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, or market conditions. An expenditures made immediately after purchase adjustment has been made to Sale 3 to reflect the additional costs incurred by the buyer. Relative comparison is provided as follows: Sale 1 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 approximately 43% smaller than the subject site. A size discrepancy of this magnitude is typically associated with a slightly higher selling price per square foot. The comparable is slightly superior in easements when taking into consideration that the aforementioned site size is net of the road right -of -ways. The comparable is slightly superior in entitlements when taking into consideration that it was part of a platted subdivision (If the subject was redeveloped, the site would be required to be platted). All things considered, the comparable is thought to be superior to the subject site in overall comparison. Sale 2 The comparable is superior in location due to its surrounding development, which is perceived as more desirable than the subjects surrounding development. It is adjacent to new multi - family, commercial, and office development, while the subject abuts primarily older commercial structures that predate Highway 169 being relocated. The comparable is slightly superior in easements when taking into consideration that the aforementioned site size is net of the road right -of -ways. All things considered, the comparable is thought to be superior to the subject site in overall comparison. Sale 3 The comparable is slightly superior in easements when taking into consideration that the aforementioned site size is net of the road right -of -way. The comparable is inferior in location due to its surrounding development, which is perceived as less desirable than the subjects surrounding development. While it has frontage on I16th Street North and is closer to new commercial development, it is not located at an arterial street intersection. The comparable is slightly inferior in zoning because its zoning classification is slightly more restrictive than the subjects. All things considered, the comparable is thought to be inferior to the subject site in overall comparison. Listing The comparable is slightly superior in easements when taking into consideration that the aforementioned site size is net of the road right -of -ways. The comparable is approximately 150% larger than the subject site. A size discrepancy of this magnitude is typically associated with a lower selling price per square foot. Listings typically represent the upper end of the range that a buyer is willing to pay and the subsequent sales price is typically less than the list price. Based upon the previous analysis, the listing price appears to be above market value. The comparable sales adjustment grid is provided on the following page: Comparable Sales Adjustment Grid Summary and Value Conclusion The comparable sales indicate a range in unadjusted price per square foot of $5.17 to $11.56, with an overall average of $8.35. These 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, the physical characteristics of the site result in functional utility suitable for a variety of uses, including those permitted by zoning. Sale Sale Sale3 Listing Sales Price $650,000 $910,000 $595,000 $2,000,000 Sales Price /SF $11.56 $8.33 $5.17 $8.18 Property Rights Comparison Similar Similar Similar Similar Adjustment -0- -0- -0- -0- Financing Terms Comparison Similar Similar Similar Similar Adjustment -0- -0- -0- -0- Conditions of Sale Comparison Similar Similar Similar Similar Adjustment -0- -0- -0- -0- Expenditures After Purchase Comparison Similar Similar Inferior Similar Adjustment -0- -0- $5,000 -0- Market Conditions Comparison Similar Similar Similar Similar Adjustment -0- -0- -0- -0- Adjusted Sales Price $650,000 $910,000 $600,000 $2,000,000 Adjusted Sale Price /SF $11.56 $8.33 $5.22 $8.18 Elements of Comparison Location Superior Superior Inferior Similar Size Smaller Similar Similar Larger Zoning Similar Similar St. Inferior Similar Utilities Similar Similar Similar Similar Easements SI. Superior SI. Superior SI. Superior SI. Superior Topography Similar Similar Similar Similar Tract Shape Similar Similar Similar Similar Entitlements Superior Similar Similar Similar Overall Comparison Superior Superior Inferior sales Comparison Approach Summary and Value Conclusion The comparable sales indicate a range in unadjusted price per square foot of $5.17 to $11.56, with an overall average of $8.35. These 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, the physical characteristics of the site result in functional utility suitable for a variety of uses, including those permitted by zoning. Prior to the relocation of Highway 169 from Garnett Road to over one mile east and the growth of Owasso's commercial district along East 96th Street North, the subject's "German Corner" area was a desirable commercial area with a grocery store - anchored shopping center and various retail properties. These events led to a decline in the commercial viability of many businesses, with the grocery store now closed and a former QuikTrip converted to a "mom and pop" restaurant. The site is positively impacted by its corner intersection location along a stretch of roadway the is scheduled to undergo expansion. After weighing the subject property in its respective states against the comparable sales, and conversing with brokers, investors, and knowledgeable market participants, it is our opinion that the estimated "as is" market value of the subject property's fee simple interest, as of the effective date of this report, is: Calculation of Value 97,989.30 SF x $8.00 /SF = $783,914 Say, $784,000 Description and Effects of Acquisition The property owner's representative was contacted, and elected to meet the appraiser for the inspection. 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. The areas delineated on the following map are approximate. W Site Delineation (approximate) Roberson + ComPa ny Realty Advisors, LLC Page 47 Proposed Acquisition Area — Proposed Permanent Right -of -Way Parcel: y Acquisition Area: ±0.6005 Acres, or ±26,158.00 square feet Description: According to the information provided by the project engineers, the permanent right -of -way to be acquired parallels the North Garnett Road statutory right -of -way at a depth of 43.50', and parallels the East 116th Street North statutory right -of -way at a depth of 48.50', with the depths connecting via a 39.30' curve to the left (see exhibits for further understanding). Improvements within the acquisition area appear to consist of asphalt ( ±7,525 SF) & concrete ( ±12,025 SF) paving, ±4001inear feet of concrete curbing, pole mounted signage (w/ electricity extended), ±525 linear feet of iron fencing w/ four rolling gates ( ±25' average width), light pole, and sod ( ±6,608 SF). Additionally, approximately six square feet of the metal canopy (hard northwest corner) overhangs the boundary line (see exhibits for further understanding). It should be noted that the proposed permanent right -of -way had been partially staked on the date of inspection; therefore, the improvements within the acquisition area are estimated based on our visual inspection of the site, as well as Google Earth imagery. Effect: This is the purchase of the right -of -way, so 100% of the value of the site is compensable. The replacement costs for the majority of the improvements located within the acquisition area are based on data published by Marshall Valuation Service 2019. Of note, the asphalt & concrete paving have been depreciated due to their respective conditions. The replacement cost of the sod is based on an estimate from Brown Farms Sod (located at 15923 East 116th Street North, Collinsville, OK). The cost of renovating the metal canopy is based on an estimate from general contractor Brett Davis (estimate is based on pictures, and is subject to revision based on complete inspection). This renovation cuts back the canopy approximately four feet, refaces the west end, and reconnects all wiring. It should be noted that all replacement cost figures include an allocation for labor. Estimated Compensation: See calculation on the following page: e o:. Estimated Compensation Parcel 9 Permanent Right -of -Way Land 26,158.00 SF x $8.00 /SF x 100% = $209,264 Improvements Asphalt Paving 7,525 SF x ( $2.04 + $1.20 + $0.00) x 0.945 x 0.80 = 18,432 Concrete Paving 12,025 SF x ( $4.56 + $0.41 + $0.48) x 0.945 x 0.50 = 30,966 Concrete Curbing 1,612 Pole Mounted Signage w/ electricity = 1,540 Iron Fencing w/ rolling gates = 7,605 Light Pole = 500 Sod = 2,643 Metal Canopy = 5,000 Estimated Compensation $277,562 Permanent Right -of -Way y FINANCE '� Permanent Right -of -Way Permanent Right -of -Way Roberson + Company Realty Advisors, LLC l Permanent Right -of -Way Permanent Right -of -Way Permanent Right -of -Way Page 50 Permanent Right -of -Way Permanent Right -of -Way Roberson + Company Realty Advisors, LLC Page 51 Proposed Acquisition Area - Temporary Construction Easement Parcel: 9.1 Acquisition Area: ±0.1835 Acres, or ±7,993.10 square feet Description: According to the information provided by the project engineers, the temporary right -of -way to be acquired parallels the proposed permanent right -of -way's abutting the statutory right -of -way's along North Garnett Road and East 116th Street North. The parcel has a typical depth of 10.00'; however, there is a 70.00' x 40.00' rectangle area that begins 35.00' west of the east property line, and 10.00' north of the north boundary line of Parcel 9 (see exhibits for further understanding). Improvements within the acquisition area appear to consist of asphalt ( ±2,755 SF) & concrete ( ±2,585 SF) paving, ±20 linear feet of iron fencing, concrete pad ( ±6.75 cubic feet), two concrete bollard posts, and sod ( ±2,593 SF). It should be noted that the proposed temporary right -of -way had been partially staked off on the date of inspection; therefore, the improvements within the acquisition area are estimated based on our visual inspection of the site, as well as Google Earth imagery. Effect: The valuation is based on a 10% annual return on the underlying land for a two -year construction period. As the improvements will be left intact, they are not considered compensable. Estimated Compensation: See following calculation Estimated Compensation Parcel 9.1 Temporary Construction Easement Land 7,993.10 SF x $8.00 /SF x Improvements Not compensable Estimated Compensation 20% _ $12,789 = 0 $12,789 Temporary Right -of -Way Temporary Right -of -Way Temporary Right -of -Way Temporary Right -of -Way Temporary Right -of -Way Temporary Right -of -Way Roberson + Company Realty Advisors, LLC Page 53 Temporary Right -of -Way Temporary Right -of -Way Roberson + Company Realty Aclvisors, LLC Page 54 10= 41� of S4r j_+- -t` - 16` o g 1, w._1 0' f41) Pr L. ,x G),we;' %4t4i Roberson + Company Realty Advisors, LLC Page 55 R -14 —E E 126th St N Project E 116th St N $ J Parcel 9, 9.1 1 Owner Key Plus Properties, LLC 3 Ni u w Parcel ue County Tulsa e 2 Sec. 5 T -21 -N, R -14-E, I.B,&M. Legal Description: See Attached E 116th Sf N TRACT AREA 107,27116 S.F. - 2.463 ACRES PERMANENT RIGHT -OF -WAY 25,158.0 S.F. = 0.601 ACRES STATUTORY RIGHT -OF -WAY 9,289.3 S.F. = 0.213 ACRES COMBINED RIGHT -OF -WAY TOTAL 35,447.3 S.F. = 0.814 ACRES REMAINDER AREA AFTER ACQUISITION 71,831.3 S.F. = 1.650 ACRES PERPETUAL EASEMENT N/A S.F. = N/A ACRES TEMPORARY RIGHT -OF -WAY 7,993.1 S.F. = 0.1835 ACRES EXHIBIT FOR LEGAL DESCRIPTION or Beyby�/ny ° - N8851bBE _TMyWay, N/,�troFOby m w 6800' =p l400 fl Y gG ' N BS377AB £ y d t-10 (Ky Z 4a Do' S of73'OFE b N 11 N 16'uc6S ,11= . R -.F[ Rx w, I h � 74 3500' N 88Y6'S6F a>.ai0f1is 7400' S O1A7:77Z' i I 1 '`in.15S9B' N 88 wig Ir �J PoMt olg���flt PmmMMt Rift —oFRby h -- �LJ0 Sgy{$ SIO I � 18. 1eWl° W 1a N i — .� - -. . —... 297.00' S 8B'i6^F6'W 5Une U1 t /4 p �.1 M. r W Pa/nf O{ CaemMCemMf SW awns a! SW14 I I per{ NM UN `n Sae 4 T -Sr -N. R-14-;E zy�� _ N 1289 "e 0 100' ®PERM. R /W. ® ® TEMP. R /W. G of SCALE 1' =100' OPERP. ESMT. Sheet 1 of 2 Kevin M. Newlun, P.L.S. OK 128 Benchmuk Surveying and land Services, Inc. PERMANENT RIGHT -OF -WAY P.O. Box 1a7R OWASSO. OK 74055 TEMPORARY RIGHT -OF -WAY PHONE (918) 27heDe1 / FA %:(R18) 27a —ORO Sec. 5. T -21 —N. R -14 —E, I.B. &M. C.A. NO. 2235 — EXPIRES os- 3o -zoz0 TULSA COUNTY, OKLAHOMA 10= 41� of S4r j_+- -t` - 16` o g 1, w._1 0' f41) Pr L. ,x G),we;' %4t4i Roberson + Company Realty Advisors, LLC Page 55 T 21 N Project Parcel Owner Key rrcellus County Sec. 5 E 118th St N S. 9.1 Key Pius Properties, LLC Tulsa T -21 -N, R -14-E, I.B. &M. 6. M`41I I 111 LEGAL DESCRIPTION F 116th 51 N 9, PERMANENT RIGHT OF WAY A tract of land located in the Southwest Quarter of the Southwest Quarter (SW /4 SW /4) of Section Five (5) of Township Twenty -one (21) North and Range Fourteen (14) East of the Indian Base and Meridian (I.B.ddt.), according to the U.S. Government Survey, thereof, Tulsa County, State of Oklahoma; being more particularly described as follows: Commencing at the SW comer of the SW /4 of Sec. 5, T -21 -N, R -14 -E, I.B.&M.; Thence N D1O8'37' W along the want line of said SW /4 a distance of 50.00 feat to the Point of Beginning; Thence N 01108'37" W along the west line of sold SW /4 a distance of 266.00 feet; Thence N 88'51'08" E a distance of 60.00 feet; Thence S 01'08'37' E a distance of 225.89 feet; Thence along a curve to the left having a radius of 25.00 feet, a central angle of 900417 ", a chord bearing of S 4670'50" E. a chord length of 35.38 feet, for a distance of 39.30 feet; Thence N BB'46'56' E a distance of 261.97 feet; Thence S 01'08'37" E a distance of 65.00 feet to the south line of sold SW /4: Thence S 88'46'56" W along the south line of sold SW /4 a distance of 297.00 feet; Thence N 0108'37" W a distance of 30.00 feet; Thence N 4670'50" W a distance of 28.28 feet: Thence S 88'46'56' W a distance of 30.00 feet to the Point of Beginning, and containing 0.814 acres, more or lees 9.1 TEMPORARY RIGHT OF WAY A tract of land located in the Southwest Quarter of the Southwest Quarter (SW /4 SW /4) of Section Five (5) of Township Twenty -one (21) North and Range Fourteen (14) East of the Indian Bose and Meridian (I.B.NM), according to the U.S. Government Survey, thereof, Tulsa County, State of Oklahoma; being more particularly described as follows: Commencing at the SW corner of the SW /4 of Sec. 5, T -21 -N, R -14-E, I.B.&M.; Thence N 0106'37" W along the west line of said SW /4 a distance of 316.00 feet; Thence N 88'51'08' E a distance of 60.00 feet to the Point of Beginning; Thence N 88'51'08" E a distance of 10.00 feet: Thence S 01'08'37" E a distance of 225.90 feel; Thence along a curve to the left having a radius of 15.00 feat, a central angle of 9004'27', a chord bearing of 5 4870'50" E, a chord length of 21.23 feet, for a distance of 23.58 feet; Thence N 8846'56' E a distance of 156.98 feet; Thence N 0113'04" W a distance of 40.00 feel; Thence N 6846'56" E o distance of 70.00 feet; Thence 5 0113'04" E a distance of 40.00 feet; Thence N 88'46'56" E a distance of 35.00 feat; Thence S 0108'37' E a distance of 10.00 feet; Thence 5 BW46'56' W a distance of 261.97 feet; Thence along o curve to the right having a radius of 25.00 feet, o central angle of 9004'27', a chord bearing of N 4610'50" W, o chord length of 35.38 fast, for o dielonce of 39.30 feet: Thence N 0108'37" W a distance of 225.89 feet to the Point of Beginning, and containing 0.183 acres, more or leas. I, Kevin M Newlun, P.L.S., Benchmark Surveying and Land Services, Inc., certify that the attached legal description closes In accord with existing records, a representation of the real property as described, and meats the mini standards for land surveying of the State of Oklohama. Signature Dote Kevin M Newlun, PLS OK 12 KEy1N M. C.A. No. 2235 NEWLUN Expires: 06 -30 -20 L5128� Sheet 2 of 2 Roberson + Company Reath/ Aclvisnts, i I C Page 56' Damages to Remainder of Property The subject property is operated as a used -car sales lot, and the west side of the subject site is utilized for car display. Cars are parked at a 450 angle facing North Garnett Road and East 1 l Oh Street North. Additionally, there are 11 customer parking spaces (w/ concrete bumpers) on the west side of the building. The parking for which is at a 900 angle (perpendicular to the building). The northwest corner of the building is currently setback from the iron fencing paralleling the north property line ±68' (includes ±9' -6" covered walkway), and the iron fencing paralleling North Garnett Road ±78' -6" (includes ±9' -6" covered walkway); while the southwest corner of the building is currently setback from the iron fencing paralleling North Garnett Road ±76' -6" (includes ±9' -6" covered walkway). As it pertains to the display parking, the subject will be able to meet parking code after acquisition of both parcels by realigning spaces and changing parking angles (permanent right -of -way, up to 450 angle; temporary right -of -way, up to 300 angle). As it pertains to the 1 1 customer parking spaces, after acquisition of both parcels there will not be sufficient area on the west side of the building for these parking spaces; however, these spaces can be moved to the east side of the building, with the concrete bumpers being reused. Moving these spaces would require an additional ±1,888 square feet of asphalt paving (16' x 118'), and the removal of a large mature tree. The replacement cost for the asphalt paving is based on data published by Marshall Valuation Service 2019, while the tree removal is based on quotes from similar projects. Estimated Compensation Damages to Remainder Improvements Asphalt Paving Tree Removal Estimated Compensation 1,888 SF x ( $2.04 + $1.20 + $0.00 ) x 0.945 = 5,781 2,000 $7,781 Total Estimated Compensation Compensation to Owner Acquisition Areas Parcel 9 Parcel 9.1 Total Acquisition Areas Damages to Remainder Total Compensation 277,562 12,789 $290,351 7,781 $298,132 The total estimated compensation due to the owner of Parcels 9 and 9.1, subject to the Assumptions and Limiting Conditions, as of March 20, 2019, is: Two Hundred Ninety -Eight Thousand One Hundred Thirty -Two Dollars $298,132 Conditions and Requirements of the Appraisal: 1.) ALTA survey, 2.) Environmental audit of the entire property indicating it is in good environmental condition, 3.) Assumptions and Limiting Conditions. I Robooun+Com��ny�ea|�y�Uvi�nn 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 i Qualifications of the Appraiser Thomas E. Roberson Roberson & Company Realty Advisors, LLC 1 123 West Main Street Jenks, Oklahoma 74037 (918) 995 -2503 thomas@robcoadvisors.com Professional Memberships Appraisal Institute Oklahoma Certified Appraiser ( #I3353CGA) Education The University of Tulsa, Tulsa, Oklahoma, (2014) • 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 10/18 — Current • Professional. Real Estate Appraiser, Roberson & Company Realty Advisors, LLC, Jenks, Oklahoma 2014-9/18 • Appraiser Trainee, Roberson & Company Realty Advisors, LLC, Jenks, Oklahoma Roberson + Company Realty Advisors State Certification Glen Malreadjy Insurance Commissioner Oklahoma Real Estate Appraiser Board This is to certify that: David C. Roberson has complied with the provisions of the Oklahoma Real Estate Appraisers Act to transact business as a Certified General Real Estate Appraiser in the State of Oklahoma. In Witness Whereof, I have hereunto set my hand and caused the seal of my office to be affixed at the City of Oklahoma City, State of Oklahoma, this 5th day of February 2019. LrSlf�f( \/ rV '0n1� : av,. ,. 113112022 r Glen Mulready, Insurance Commissioner Chairperson, Oklahoma Real Estate Appraiser Board Members Oklahoma RealEstare Appraiser Board OklabamaApp.,,,Nw bm 10344CGA Roberson + Company Realty Advisors State of Oklahoma 080i John D. Doak, Insurance Commissioner Oklahoma Real Estate Appraiser Board This is to certify that: Thomas E. Roberson has complied with the provisions of the Oklahoma Real Estate Appraisers Act to transact business as a Certified General Real Estate Appraiser in the State of Oklahoma. In Witness Whereof, 1 have hereunto set my hand and caused the seal of my office to be affixed at the City of Oklahoma City, State of Oklahoma, this 24th day of September, 2018. Evimr. 913012021 John D. Doak, Insurance Co7amissioner Chairperson, Oklahoma Real Estate Appraiser Board Members, Oklahoma Real Estate AppmiserBoard a C 0k1aiwaApp almrNuwbrJ3353CGA Roberson + Company Realty Advisors April 16, 2019 Esteban Torres Key Plus Properties, LLC 11639 North Garnett Road Collinsville, OK 74021 SENT VIA EMAIL TO LOU REYNOLDS RE: City of Owasso Road Widening Project 116`x' and North Garnett Intersection — Parcels 8.1, 9 & 9.1 Dear Mr. Torres: Attached is a copy of the recently completed appraisal for your property. Based upon our discussions, the City of Owasso is offering to pay you the amount of $298.132.00 for the 26,158.00 square feet of new right of way and 8,771.20 for the temporary easements, this price also compensates for the pipe fencing and any sign relocation needed for this project. If there are any mortgages, we will need to obtain a partial release for the new right of way. The breakdown of the amount is as follows: 1. ROW $209,264.00 2. Damages $68,298.00 3. Easements $12,798.00 4. Damages to Remainder $7,781.00 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 a W -9 to present to City Council for final approval. It will take about three weeks in order to obtain the check. If we cannot come to a mutual agreement with the City than this letter provides a 30 day notice of condemnation. However, the City prefers to negotiate an acceptable agreement. If you have any questions please feel free to contact me at the number listed above to discuss this project. Sincerely, Agreed to: Key Plus Properties, LLC Esteban Torres Mike R. Craddock Terra Acquisition Services Cc Roger Stevens, Public Works Director City of Owasso Date CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 07/06119 Department Payroll Expenses Total Expenses 105 Municipal Court 6,052.87 8,324.78 110 Managerial 21,666.31 29,897.53 120 Finance 18,505.56 26,963.91 130 Human Resources 9,112.71 13,506.77 160 Community Development 18,008.05 27,826.74 170 Engineering 18,775.68 28,470.22 175 Information Systems 15,158.14 22,957.35 181 Support Services 8,911.13 13,375.01 190 Cemetery 1,222.55 2,315.99 201 Police Grant Overtime 2,858.18 2,896.28 215 Central Dispatch 24,459.48 41,211.12 221 Animal Control 3,834.35 5,730.77 250 Fire Safer Grant 23,441.09 37,040.05 280 Emergency Preparedness 2,189.94 3,476.87 370 Stormwater /ROW Maint. 10,743.20 14,561.56 515 Park Maintenance 7,320.44 11,035.98 520 Culture /Recreation 8,120.90 12,836.87 550 Community- Senior Center 5,354.26 7,247.97 580 Historical Museum 671.20 754.42 710 Economic Development 3,677.93 5,526.78 General Fund Total 210,083.97 315,956.97 185 Garage Fund Total 7,432.35 12,183.67 255 Ambulance Fund Total 553.85 622.53 250 Fire Fund 37 Total 166,727.83 248,228.86 201 Police Fund 38 Total 198,388.13 282,150.01 300 Streets Fund 39 Total 18,276.05 29,672.82 370 Stormwater Fund 27 Total 3,803.50 5,749.10 150 Worker's Compensation Total 720 Strong Neighborhoods Total 4,222.91 __6,146 29 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 7111119 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE ADMIN FEES DENTAL DEPT TOTAL VSP VISION MEDICAL SERVICES VISION DEPT TOTAL HEALTHCARE SELF INSURANCE FUND TOTAL AMOUNT 23,335.97 20,745.15 30,963.83 33,508.35 56, 578.99 1,901.98 167,034.27 5,904.60 5,079.52 2,793.56 13,777.68 3,240.97 3,240.97 184,052.92 CITY OF OWASSO GENERAL FUND & HALF -PENNY SALES TAX FISCAL YEAR 2018 -2019 Budgetary Basis Statement of Revenues & Expenditures As of June 30, 2019 REVENUES: Taxes Licenses & permits Intergovernmental Charges for services Fines & forfeits Other TOTAL REVENUES EXPENDITURES: Personal services Materials & supplies Other services Capital outlay Deferred Budget - Grant not awarded TOTAL EXPENDITURES REVENUES OVER EXPENDITURES TRANSFERS IN (OUT): Transfers in - Sales Tax Transfers out TOTAL TRANSFERS NET INCOME (LOSS) ENCUMBRANCES OUTSTANDING FUND BALANCE (Budgetary Basis) Beginning Balance Ending Balance CAUsers\jennifer_ross \Documents \Book 1 $ (48,168) $ 3,209,662 $ (1,662,503) $ (556,645) 8,227,107 8,227,107 $ 10,880,124 $ 6,564,604 MONTH YEAR PERCENT TO -DATE TO -DATE BUDGET OF BUDGET $ 2,867,389 $ 33,590,629 $ 32,891,387 102.13% 16,345 178,731 239,835 74.52 %, 85,737 1,149,639 1,572,019 73.13% 56,586 759,549 746,760 101.71% 29,471 343,221 486,550 70.54% 106,006 490,152 198,433 247.01% $ 3.161,535 $ 36,511,921 $ 36,134,985 101.04% $ (1,669,245) $ (19,396,450) $ (20,004,485) 96.96% (147,418) (1,094,152) (1,907,180) 57.37% (211,799) (1,960,664) (2,573,396) 76.19% (62,037) (1,096,057) (3,166,362) 34.62% - - (13,256) 0.00% $ (2,090,498) $ (23,547,322) $ (27,664,678) 85.12% $ 1,071,037 _$7 12,964,599 7F 8,470,307 $ 1,490,983 $ 17,129,587 $ 16,751,714 102.26% (2,610,187) (26,884,524) (26,884,524) 100.00% $ (1,119,205) $ (9,754,937) $ (10,132,810) 96.27% $ (48,168) $ 3,209,662 $ (1,662,503) $ (556,645) 8,227,107 8,227,107 $ 10,880,124 $ 6,564,604