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HomeMy WebLinkAbout2007.07.10_City Council Agenda_SpecialPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: DATE: TIME: PLACE: Special July 10, 2007 6:00 p.m. Old Central Building 109 N. Birch Notice and agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 5:00 PM on Friday, July 6, 2007. - t M A-&-'44 wo') J10ann Stevens, Deputy ity Clerk AGENDA 1. Call to Order Mayor Stephen Cataudella 2. Discussion relating to Administrative Items Mr. Rooney Attachment #2 A. 2007 ODOT Highway Tree Grant Program application and submittal 3. Discussion relating to Community Development Department Items Mr. Rooney Attachment #3 A. Annexation request (1) B. Final Plat request (1) 4. Discussion relating to Public Works Department Items Mr. Rooney Attachment #4 A. Proposed acceptance and final payment of the FY 2006 -2007 Street Rehabilitation Project B. FY 2007 -2008 Street Rehabilitation Project - proposed project priorities C. Review of bids received for the Main Street Beautification Project D. Review of bids received for the construction of the Firestation No. 3 waterline E. Proposed engineering services agreement between the City of Owasso and Meshek & Associates for FY 2007 -2008 Stormwater design, analysis, and review Owasso City Council July 10, 2007 Page 2 5. Discussion relating to Fire Department Items Mr. Rooney Attachment #5 A. Proposed purchase of a wildland firefighting vehicle B. Proposed purchase of a emergency response command vehicle 6. Discussion relating to City Manager Items Mr. Ray Attachment #6 A. Owasso Economic Development Authority Vacancy B. Proposed lease agreement between the City of Owasso and Kourtis Realty LTD for property located north of E. 16th Street North, adjacent to Ron's Hamburgers, consisting of 18,377 square feet (memo attached) C. Proposed Development Agreement between the City of Owasso and Hunt Properties D. Proposed Ordinances relating to the use of, and, access to tobacco products (memo attached) E. City Manager's evaluation — process and proposed timeline (memo attached) F. City Manager Report 7. Report from City Councilors 8. Consideration and appropriate action relating to a request for an executive session for the purpose of discussing personnel matters relating to the office of the City Manager, such executive session provided for in O.S. 25, Section 307(B)(1). Mayor Cataudella 9. Adjournment SAAgendas \Council Work Session\2007\0710.doc MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: DANIEL DEARING, E.I. CIVIL ENGINEER SUBJECT: OKLAHOMA DEPARTMENT OF TRANSPORTATION HIGHWAY TREE GRANT PROGRAM 2007 APPLICATION DATE: July 2, 2007 BACKGROUND: Since 1996, as part of the Federal Enhancement Program, the Oklahoma Department of Transportation's (ODOT) Highway Tree Grant Program has provided financial incentives to local government for the planting of greenery along Oklahoma highways. Each successful applicant may receive up to $25,000 for the purchase and/or planting of trees and shrubbery to be located in designated highway right -of -way. Successful applicants are required to contribute no less than 25% of the total project cost (or up to $8,334). Examples of acceptable matching funds other than cash include donated or in -kind labor and materials, care and maintenance of trees or installation of an irrigation system. Grant funding may be used for the purchase and installation of trees and bushes — complete with an irrigation system — but may not be spent for signs, fencing, retaining walls, flowers or any other decorative items. Additionally, the trees must be planted within one year from the award of the grant and maintained for no less than five years. The work must be competitively bid. Approximately $435,000 in federal funding is available in this year's grant program. The grant application must be submitted to the Oklahoma Department of Agriculture, Food, & Forestry by July 13, 2007, and successful applicants will be notified in August 2007. GRANT APPLICATIONS (YEAR 2007): Impact on highway beautification is of utmost importance to the program, thus it is weighed heavily during the application review. In 2005, the City of Owasso submitted its first application for the beautification of US Highway 169 and E. 76th Street North Interchange. The proposed work, which was recommended following an evaluation and prioritization of US Highway 169 right -of -way beautification within the City limits, included the planting of landscaping and irrigation on the islands inside of the interchange ramps. ODOT's Tree Grant Program Year 2007 Application Page 2 of 2 Following the completion and acceptance of the 2005 improvement, the City would like to submit additional landscaping improvements for funding consideration. Specifically, it is recommended that landscaping improvements be made to neighboring islands on the east side of US Highway 169 and East 76th Street North to complement and complete the beautification enhancements at the interchange. Recommended enhancements include the planting of approximately 54 trees and bushes on two islands on the east side of the interchange (Attachments A). This portion of the planting will be located strategically to greet travelers as they exit US Highway 169 onto East 76th Street North. Cost estimates for the construction of recommended improvements, complete with the required maintenance program, are presented below: Item Units Total Cost Golden Rain 10 $3,000 Chinese Pistache 14 $4,200 Crape Myrtle 18 $4,860 Little Gem Magnolia 12 $3,600 Miscellaneous landscaping LS $1,955 Subtotal 176 $17,615 Maintenance Agreement LS $13,635 Total $31,250 Grant Funding $23,437.50 Matching Requirement $7,812.50 FUNDING: Matching requirements for this project will be provided by in -kind labor and materials. RECOMMENDATIONS: Providing there are no concerns expressed by the Council, the staff intends to submit an application for Year 2007 Oklahoma Department of Transportation's (ODOT) Highway Tree Grant Program for the beautification of US HWY 169 and East 76th Street North interchange. ATTACHMENTS: A. Project Site Plan I �- 1 .1. 2 ATTACHMENT A 0 Owasso Public Works Department Engineering Division P.O. 180 Owasso, OK 74055 918.272.4959 www.cityofowasso.com PROJECT LOCATION 0 CO 0 01 �6 dft'rffi4 t Ito 2007 HIGHWAY TREE GRANT PROGRAM OVERALL PLAN 11 SHEET 2 OF 14 SHEETS I 0 -k 4 zl- +4 o. I �- 1 .1. 2 ATTACHMENT A 0 Owasso Public Works Department Engineering Division P.O. 180 Owasso, OK 74055 918.272.4959 www.cityofowasso.com PROJECT LOCATION 0 CO 0 01 �6 dft'rffi4 t Ito 2007 HIGHWAY TREE GRANT PROGRAM OVERALL PLAN 11 SHEET 2 OF 14 SHEETS I MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL, CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER SUBJECT: ANNEXATION — (OA- 07 -03) DATE: July 5, 2007 BACKGROUND The City of Owasso has received a request from the Crown Colony HOA, applicants) /owner(s), for the annexation of their subdivision containing approximately 13.72 acres, more or less. LOCATION The property is located 1/4 mile east of 129h E. Ave. on the south side of 76h Street North. EXISTING LAND USE Single Family Residential SURROUNDING LAND USE North: Rural Residential West: Rural Residential South: Vacant East: Rural Residential PRESENT ZONING RS (Residential Single Family District) — Tulsa County ANNEXATION REVIEW PROCESS The annexation process is initiated when a property owner submits a petition to the City of Owasso requesting that the City bring the property into the City limits. The applicant must submit as part of the request a signed petition requesting the annexation, an accurate legal description and map of the property being requested for annexation and a certified 300' radius report so that staff may send legal notices to surrounding property owners. Upon receipt of all appropriate materials the staff initiates the review process which begins with a thorough analysis of the request. The annexation request is then presented to the Owasso Annexation Committee for review and recommendation. The Annexation Committee is made up of staff, elected officials and citizens. The Committee reviews the petition for compliance with the Annexation Policy and establishes a recommendation to the Owasso Planning Commission. The Owasso Planning Commission holds a public hearing to determine if the property is compliant with the Owasso Annexation Policy and establishes a recommendation to the Owasso City Council. The Owasso City Council will make the final determination to annex the property or refuse annexation. If the property is annexed into the City limits an ordinance officially declaring the annexation is written and adopted by the City Council. Once adopted the ordinance is circulated to appropriate regional and national agencies for recording and altering maps. ANALYSIS The purpose of the applicant's annexation request is to bring the subdivision into and be served by the City of Owasso. The subdivision consisting of 46 residential lots is complete and if approved will be brought into the city with a residential zoning designation to be in compliance with the Owasso Zoning Code. Annexation of Crown Colony will not require extension of any city infrastructure other than trash pick -up service. The property is already served by the City of Owasso sewer and Rogers County water. Before the city publishes and mails public notice of the City Council's hearing, the city will prepare a plan to extend municipal services including, but not limited to, water, sewer, fire protection, law enforcement and the cost of such services appropriate to the proposed annexed territory. This annexation service plan will be made a part of the city's capital improvements plan. The annexation request and single family residential development is consistent with the Owasso 2015 Land Use Master Plan which calls for residential development on and near the site. Staff published legal notice of the annexation petition in the Owasso Reporter. Staff has received no phone calls or correspondence in opposition of the request. ANNEXATION COMMITTEE: The Owasso Annexation Committee reviewed the request at its meeting on June 27, 2007. At that meeting, the committee unanimously recommended approval of the annexation. RECOMMENDATION Staff intends to recommend approval of the Crown Colony request for annexation. ATTACHMENTS: 1. General Area Map 2. Applicants Annexation Petition 3. Annexation Services Plan RACELAND BJ E C Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com Colony 11 OA 07 -03 IIEVIEW AC MOM i I� Page 1 of 1 Wiles, Eric From: Scott Effner [seffner @cox.net] Sent: Monday, June 04, 2007 9:41 AM To: Wiles, Eric; Hayes, Rickey Cc: 'Robert Villines'; 'Kathy Short'; 'Lori Honeycutt'; 'Lori Tesson' Subject: City of Owasso Annexation Request - Crown Colony Subdivision City of Owasso: Recently, the Crown Colony subdivision located east of N 129th East Ave off E. 761 St. North held a homeowners association meeting and as part of that meeting, the attending members unanimously voted to have their Board of Directors request that the city of Owasso consider us for annexation into the city. That said, please consider this email an official request for the city of Owasso's annexation of Crown Colony. Should you need something more formal or have any questions /concerns regarding our request, please do let us know. This is an exciting time for us, and we look forward to becoming an official part of the City of Owasso. Best regards, Scott Effner President, Crown Colony Association PO Box 164 Owasso, OK 74055 (918) 272 -1130 No virus found in this outgoing message. Checked by AVG Free Edition, Version: 7.5.472 / Virus Database: 269.8.5/826 - Release Date: 5/31/2007 4 :51 PM 6/11/2007 ANNEXATION SERVICES PLAN The City of Owasso proposes to extend the municipal limits of the City to the Crown Colony subdivision, located on the south side of East 76th Street North, approximately '/4- mile east of North 1296' East Avenue. The plan's implementation will be completed by July 11, 2016, and is considered to be included in the Owasso Capital Improvements Plan. Police Protection — Police services for the area will be available on the date that the annexation becomes available. Fire Protection — The City of Owasso already provides fire protection for the area. Ambulance Service — The City of Owasso already provides ambulance service for the area. Water Service — Water service is already provided to the area by Rogers County Rural Water District #3. Sanitary Sewer Service — Sanitary sewer service is already provided to each of the properties. Roads — Public roads in the area will be maintained to their current condition. Stormwater Drainage — Stormwater drainage facilities in the area will be maintained to their current condition. Refuse Collection — The City of Owasso will make refuse collection service available to any properties in the area that desire municipal refuse collection service. The City of Owasso will not forcibly purchase the service area from existing refuse collection providers. This plan is available for public inspection at the Owasso Community Development Department, City Hall, 111 North Main Street, Owasso, OK 74055. July 5, 2007 MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER SUBJECT: FINAL PLAT (Smith Farm Marketplace III) DATE: July 5, 2007 BACKGROUND: The City of Owasso has received a request to review and commercial lots, on approximately 16.47 acres of property located at the southwest corner of East 96th Street North general area map is attached. EXISTING LAND USE Oklahoma Natural Gas SURROUNDING LAND USE North: Owasso Market South: Smith Farm Marketplace East: RCB Center West: Undeveloped PRESENT ZONING: CS (Commercial Shopping District) approve a final plat proposing 5 zoned CS (Commercial Shopping) and North 129th East Avenue. A DEVELOPMENT PROCESS: The four primary steps in the development of commercial property in Owasso include annexation, zoning, platting, and site planning. The third step in the development of property is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right -of -way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. ANALYSIS: The applicant is requesting this review in order to facilitate commercial development on a 16.47 acre tract. The subject property is zoned CS Commercial Shopping Center District. According to the City of Owasso Zoning Code, uses allowed in CS districts include offices, studios, restaurants, convenience stores, shopping centers, service stations, etc. The Final Plat meets all Owasso Zoning Code Bulk and Area requirements. The lot and block specifications established in the plat layout are adequate for commercial development. Currently the site is occupied by Oklahoma Natural Gas. If approved, the Oklahoma Natural Gas will be relocating to the Cherokee Industrial Park to make way for the proposed development. In a regional context, this proposed addition is in conformance with the Owasso 2015 Land Use Master Plan, as the area is forecasted for commercial development. Already, there is an emerging pattern of commercial uses occurring in the general area. TECHNICAL ADVISORY COMMITTEE: The Owasso Technical Advisory Committee reviewed the final plat at the June 27, 2007 regular meeting. At that meeting, utility providers, as well as staff, are afforded the opportunity to comment on the plat and request any additions and/or concerns. The following TAC recommendation was addressed: • Provide dedication language for the small portion of the property that is proposed to be dedicated as a part of North 121 't East Avenue. PLANNING COMMISSION The Owasso Planning Commission will consider the application at a public hearing on July 9, 2007. RECOMMENDATION: Staff intends to recommend approval of the Smith Farm Marketplace III Final Plat subject to the above condition. ATTACHMENTS: 1. Case Map 2. Final Plat Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com Final Plat Smith Farm Marketplace III 1 4 I 4 q .T.r N 9ftNHAV i yd Hl6CI ji'iSHItO j� $ a ?s c „ U g O F1 vi � w a < t- N O Z Z o�'� ZP w��3i a1° ^�N 3'Z u7 r3 aq �' y W _ � m '�U] F N . 1 Fj E= 3 �, . 14 v ,�, _ a W e pp I x �p nD Y s � � WON lJ3 OHSNON 4� � p m 3 N N � � 3 ^ 14 � 'N lZ I'1 IF �� ! 2 °N i ¢ a l5 � >tF }� � � oo v� ._ �s2 � o� �' � o`i< w Vim•' �00� FA LSm O z�Q 4��ry L 20�: ~ Q;� j � °� c oe2+ V�1 1 P o 8 -,°m - -- - WIN Ad yr ,e`oa _`` _� da ' I $ �m I I��vS -Srs — � � u. a ,., m uu � r y \ \ \ 1� Irll n W N � �Q$� ♦ rf r EE2> �� I;I ifitr � � � l\, emom h aa�5g� \ \ �`, oW E`er o I - as 0000a or S O \\ 6 -n �, _ .� � �j{h -CFL3- �y.ar t�LTi�' -_ -_ .5[ el �� /� O 'L7 F�� I I�-- ---- -ao.00 oos�- F- - - - - -- � \ , ° o O �I 1 I - --i ■.00.00.009 \ \1 /��� \ `= V1 W '� 'k O I ) I I a9'a9 .crone m .O (�('1, �j Z � � w nF r I� _ O imn_� _ S� � \' \7�j `� Q�.� I..m.': 7 �' °i Id m \ •� ?4 h aU b �I INII ow> 'F�a;J r.\ // ♦ \\ \rag, ^ cC oo T \ O V] O O W� I ' - - -- �.o_oo.aos - /t=--- -- -- --- --- - � \ \\ \ jy --- --- iQ .-. w w F .a I _ .er��i sozei� - -'.0L _u_ea� a R \ \� m a I � - °" v ° aL Z O a° I I ! R ,�. `� rT � o 0 Wv\ o .o ° ilk li Y ''� w a z y I i�$ '" I 11 S O 6g ► O7 w/ 8 fT a .� � U Q � �� i it $ � � 8S R � /,�� F+•I i b o I �I r 4 n: r 6� /o ¢ � � 3 � � I I w /b +t IB I W • � Q a.[ le l� � r /// V 1 I III \/ i I II (anarn l9 oA /• — I Ii.. __ 3 n Sze I os4 - M;6�.zo.00s -- .. ,00•t9i - 7 .00.00.00 B / m� � I ,00 '9i. i� m�8 — — — — — — — — — — — — — — — — — — — — — • n ' I yn,Lrf 3 /n,or f t% m 5 m m `n a 0o eo soa - _ .0-,-0.00 Fi ti�.�(y ■ �° y J I ' oW I� I I I I I Na I 6 �Q I� I I � � a m Jti I � ti I I� I � r) ;� I o — aYr� m$mnmo ?� I off is rio -=oci N e I E [ NNN� �, rl �3 °� I I a , I oWS o 'a ��gmp m $�.,�nw l �ZHZ ' �o � 02 I I I � � U° a ,'- � I I I _r.,.� '$ a° i is l i _� 99999rc \ \�LAo �� W a .9Rw.00 9 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: J.B. ALEXANDER PROJECT MANAGER SUBJECT: FY 2006 -2007 STREET REHABILITATION PROJECT ACCEPTANCE AND REQUEST FOR FINAL PAYMENT DATE: July 2, 2007 BACKGROUND: Included in FY 2006 -2007 Budget, the Capital Improvements Fund allowed for the expenditure of $1,000,000 for the repair and/or resurfacing of residential and non - residential roadways throughout the city. The work was completed via a private - public partnership. Tulsa County provided the use of County labor and equipment for the paving and/or resurfacing of approximately eight lane -miles (or 6,400 tons of asphalt) of roadway surface. Remaining items such as base work, surface preparation, and striping were provided by private contractors. On November 7, 2006, Council awarded a contract to Becco Contractors of Tulsa, Oklahoma, in the amount of $275,080.00 for the completion of base and surface preparation. In March 2007, an additional $23,200.99 was added to the contract sum via Change Order No. 1, for the overlay of E. 96th Street North to be completed during the winter holiday school break, resulting in a revised contract amount of $298,280.99. QUANTITY ADJUSTMENTS: The work was awarded as a unit price contract where the quantities presented in the Bid were estimated based on expected conditions and used solely for the purpose of comparison of bids. It was therefore anticipated that a quantity adjustment would be made at final payment to reflect actual quantities provided. One quantity required an additive adjustment while five resulted in deductive adjustments for a total adjustment in the amount of - $24,123.62 as summarized below. The savings were primarily caused by the elimination of the fabric reinforcement along N. 123`d East Avenue to enable completion of the work by Tulsa County forces. FY 2006-2007 Street Rehabilitation Project Acceptance and Final Payment Page 2 of 2 Work Description Bid Unit Price Quantity Cost Adiustment Adiustment Process Existing Base & Surface ............................................................................. $5.00 . . ...... .... . .......... 724.33 -$3,621.65 ........... Portland Cement Type I ............................................................... .... . . $120.00 ......---.. ... .. ... . .. . . ..... . . . $4,146.00 Cold Milling Asphalt Pavement ................. .................................................... $3.50 . ........... - .. . .......... . .. . . 625.40 -$2,188.90 Fabric Reinforcement $1.75 9,500.00 -$16,625.00 6" Barrier Curb & Gutter $25.00 100.00 -$2,500.00 Asphalt Patching Deduct . .. . . ............ . .............. . ...... . . ...... . ..... LS . . .. . ....... ..... . .... . . . ... . ........... .... ............ -$3,334.07 Total Underrun -$24,123.62 PROJECT FUNDING: Funding for this repair project is included in the FY 2006-2007 Capital Improvements Fund budget. RECOMMENDATION: Staff intends to recommend Council acceptance of the FY 2006-2007 Street Rehabilitation Project and authorization for final payment to Becco Contractors, Inc. in the amount of $108,061.00 for a final contract amount of $274,157.38. ATTACHMENTS: A. Becco Final Pay Request ATTACHMENT A II APPLICATION AND CERTIFICATION FOR PAYMENT Page One of Three TO: CITY OF OWASSO CONTRACT DATE 111 NORTH MAIN OWASSO, OK 74055 APPLICATION DATE 5/7/1907 FROM: BECCO CONTRACTORS, INC. PERIOD: 2/28/1907 3/31/1907 P.O. BOX 9159 TULSA, OK 74157 DISTRIBUTION TO: OWNER ARCHITECT PROJECT: FY 2006 -2007 CONTACTOR CONTRACT FOR: PAV.REPAIR PROGRAM ENGINEER AT VARIOUS LOCATIONS CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for payment, as shown below, in connection with the contract Continuation sheet is attached. STATEMENT OF CONTRACT ACCOUNT: 1, Original Contact Sum 2. Net Change by Change Orders 3. Contact Sum to Date (1 +2) 4. Total Completed & Stored to Date: (Column G on Continuation Sheet) 5. Retainage: a. 10% of Completed Work b, 5 % of Stored Materials (Column F on Continuation Sheet) Total Retainage (Line 5a & 5b) 6. Total Earned Less Retainage (Line 4 less Line 5 Total) 7. Less Previous Certificates for Payment $ 275,080.00 $ 23,200.99 $ 298,280.99 $ 274,157.38 Q $ 274,157.38 $ 166,096.38 8. Total Due this Estimate (4 -5) 9. Balance to Finish, Plus Retainage CHANGE ORDER SUMMARY; ADDITIONS Change Orders approved in previous months by owner TOTALS $ 23,200.99 Approved this month $ 0.00 Approved Date TOTALS $ 23,200.99 Net change by Change Order $ 23,200.99 Page Two of Three $ 108,061.00 $ 0.00 DEDUCTIONS The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief, the work covered by this Application for payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for work for which previous Certificates for Payment were issued and payments recieved from the Owner, and that current payment shown herein is now due. Contractor: BECCO CONTRACTORS, INC. By: Date: 6 - 4, - O 7 State of: rp g- " 14-C 614 County of: %441-,SA Subscribed and sworn to before me this day of Jc.,e N E , 200-7. Notary Public My Commission Expires: Notary Publlo State of Oklahoma VICKI WEST TULSA COUNTY COMMISSION #05008858 ,, Comm. Ex . 09.28 -2009 ARCHITECTS /ENGINEERS CERTIFICATE FOR PAYMENT Page Three of Three In accordance with the contract documents, based on the on -site observations and the date comprising the above application, the Architect / Engineer certifies to the Owner that to the best of the Architect's / Engineer's knowledge, information and belief, the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the amount certified. Amount Certified $ © 8 0 6 f , n. (Attach explanation if amount certified differs rom the amount applied for.) ARCHITECT / ENGINEER: 0 Date; This certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the contractor named herein. Issuance, payment and acceptance of payment without prejudice to any rights of the Owner or Contractor under this Contract. CERTIFICATION OF CONTRACTOR To the best of my knowledge and belief, I certify that all items, units, quantities, and prices of work and meterial shown on the face sheet(s) 1 to 2 of this Periodical Estimate are correct, that all work has been performed and materials supplied in full accordance with the terms and conditions of the corresponding construction contract documents between The Owner and BECCO Contractors, Inc., and all authorized changes thereto; that the following is a true and correct statement of the contract account up to and including the last day of the period covered by this estimate and that no part of the 'Amount Due this Estimate' has been received: (a) Total Amount Earned to Date $274,157.40 (b) Retainage Percentage ... ...... ........ $0.00 (c) Total Earned less Retainage $274,157.40 (d) Total Previously Paid $166,096.38 (e) Amount due this Estimate .. ... .... 1 further certify that all claims outstanding against BECCO Contractors, Inc. for labor, materials, and expendable equipment employed in performance of said contract have been paid in full in accordance with the requirements of said contract, except such outstanding claims as are listed below or on an attached sheet which statement contains all claims against the contractor which are not yet paid including all disputed claims and any claims of which the contractor has or will assert and defense. (Contractor) (Date) (By) (Title) CERTIFICATION OF THE ENGINEERS We certify that we have verified this Periodical Estimate, and that to the best of our knowledge and belief it is a true and correct statement of work performed and materials supplied by the contractor, and that the contractor's certified statement of his account and the amount due him is correct and just, and that all work and materials included in this Periodical Estimate have been performed in full accordance with the terms and conditions of the corresponding construction contract and authorized changes thereto. (Engineer) (Date) (By) (Title) N LL O N W C7 n a M O C7 F Z W U O 0 a Q r W W U) Z _O F- D Z_ F- Z O t- r o ° 0 N (h M � O O O a z Z o O OZ O p UX a a 0 nJ p O a a ~ Q U IL a a z Z O U (D Z Z a F Z O U } a Q } a (n 2 W Q = J W O Z � J Y O w W LL QW W < Z a Z W Q S w � W O ll� f W W J W Co Q H (n > W W of Q W zz O (n O U � Q Q � z O O W U m Z CO O Z O z H 2 a Z) 7 p C11 U N U) z � V I`- Lo r. N (s N 19 M N <i N 69 V N A fl v 30 n 9 T ]O fl n n n 7O A T T b N b T V fl J W 0 0 0 0 0 0 0 'T 0 0 0 0 0 0 0 0 Ufl O r O) U, O O CD O O CD Cl) (D 0 0 0 0 0 0 0 O - 0 O Q 0 0 0 0 0 0 0 W V (D O O o 0 0 C) 0 O O N (D Z M V O (D 'l' V I- (D O LO I- O M1 .-- N N N M W Q N O C(') M N CO .'- O V' O r- 7 � 00 M M r- V M r v O) F N N CO cM - M N W N 69 (fl EA (fl UR (fl 69 69 64 69 64 Eli 69 64 (f3 69 H-) 64 (A ffl 64 69 Y) Lf) O O O O ) (D O O O O CU W S M a0 Cn O (3) U W N V 00 N O M Z Z y CD (C) LO r- < (-) M V N (D N O Q p N m � 61) 69-69 69 bh 6q 6s bq 69 ca 4)696969 613, 69. e9 (fl 69 VR 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (� o 0 0 0 0 0 o v o r o 0 0 0 0 0 0 0 o v (� O O O O O O O V M N O 0 0 0 0 0 0 0 0 N 0 0 0 0 0 0 0 0 e- CD O O O O O O O O) O W Z O O O 0 0 0 0 X 0 0 0 0 0 0 0 0 O LO an (D O - N Q Q O O O 0 0 0 O (M O 0 0 O O O O O , V (D N O O J O W O 0 0 0 0 0 0 O O O O O O O O M W (D V r O' O 0 O 0 0 O 0 O 0 O 0 O O O O O) 0 O 0 N e- N O (D (fl C� ~ w O p M N V OLf (n V N V CO n � (D r 0 O .-- «) LO 1- 00 (T M 11- r M N N N M o0 N 00 J LU 0 N n O Cl) ( N (L 1 N 2 O O ~ U Efl 69 (f) b9 EA 69 69 Ufi 69 69 (fl 64 H) H) (fl EA 64 (fl 69 fA 6S 69 6- (fl 69 69 W E' W Q oe Q F 0 O E W 0 LL W (n Z n H W W a p O (n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C) 0 0 0 0 CD 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Co 0 0 o p o o O O O O CO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 O N N y 69 Y) 69 O O O O Y9 (fl (fl 64 0 0 0 0 0 0 0 69 O Efl 69 (fl O O W O W - V '14- r-- �_ U) 1` M I- - N o0 N N W a N N cl) m (p co M I- O F- (n 64 69 69 69 (H 64 (A H-) M O) 69 b9 W = (A 69 61) 69 a � O (n 0 C C. 0 0 0 0U 0 C 0 0 0 0 0 0 0 0 0 (n m (D LO O 00 U 7 ) , C C C C C O O M O 0 0 0 0 0 0 0 0 0 R M (D N O O Y O_ O O O O N O O O CO CO 0 0 0 0 0 0 0 0 0 N 0 0 0 m Ir > p O O O O 69 69 Ef) w V (D (fl (fl 69 (fl (fl 69 69 69 H-) 00 O N (fl co p W Q W a0 V O co (D - O V N M 00 Cl E v O � a J J 0 6,3, N 6" (D m (0 N 69 N v g 0- (» (» (» 69 isfl (s3 (» O Q tr LL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O a) a) t7 0 0 0 0 0 0 0 0 0 (n 0 0 0 0 0 0 0 0 O O O W 7 O M O V' O O 0 in 0 -T 0 V 0 r- 0 M 0 O (U N N (D O O (D O r- O O) O 1� O .- O N O U-) CO O O N O N U 0 J W N (T Lo Co N M - V O N (D - Lo M M_- (9 1- N (C) co co S j N N CD M M f-- N N U N U 6S 69 EA 64 (n HJ ER Ea 64 69 b9 H? 64 (fl (1-T 64 69 U31,691, H) 1 Efl 1 1 (n ea+ m C N M V LO M t` co (�j m N M V M M 0 0 0 0 0 0 0 () 0 0 0 0 0 0 0 Q (n QQQQQQQ (n00(n00't ° ID wommomw <<< <<a 3 m V V V V V V V (n E V N N N N N N O O O) (T O a7 O O) O) D7 y N . 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N (s N 19 M N <i N 69 V N A fl v 30 n 9 T ]O fl n n n 7O A T T b N b T V fl J BOND #: BD -91862 CONSENT OF SURETY OWNER ❑ TO FINAL PAYMENT ARCHITECT CONTRACTOR ❑ ❑ AIA Document G707 SURETY ❑ (Instructions on reverse side) OTHER ❑ TO OWNER: ARCHITECT'S PROJECT NO.: (Name and address) City of Owasso 111 N Main, P O Box 180 CONTRACT FOR: Owasso, OK 74055 PROJECT: CONTRACT DATED: (Name and address) FY 2006 - 2007 Pavement Repair Program At Various Locations For The City Of Owasso, Oklahoma In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (Insert name and address of Surety) Mid - Continent Casualty Company and Great American Insurance Company 1437 S Boulder 580 Walnut St Suite 200 Cincinnati, OH 45202 Tulsa, OK 74119 SURETY, on bond of (Insert mine and address of Contractor) Becco Contractors, Inc. P O Box 9159 Tulsa, OK 74157 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to (Insert name and address of Owner) City of Owasso 111 N Main, P O Box 180 Owasso, OK 74055 OWNER, as set forth in said Surety's bond, IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date: June 4, 2007 (Insert in writing the month followed by the numeric date and year) Great American Insurance Company (Surety) (Signature ofauth iz a' ese f ati ) Jeff R. Johnson, Attorney -in -fact (Printed name and title) CAUTION: You should sign an original AIA document that has this caution printed in red. All i orlgimNk assures that charges will riot be obscured as may occur when documents are reproduced. See Instruction Sheet for Limited License ense for Reproduction of this document. AIA DOCUMENT 0707 - CONSENT OF SURETY TO FINAL PAYMENT- 1994 EDITION - AIA Page t of 2 1994 -THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW, WASH- INGTON, D.C. 20006 -5292- WARNING: Unlicensed photocopying violates U.S. copy. G707-1994 right laws and will subject the violator to legal prosecution. MID- CONTINENT CASUALTY COMPANY Tulsa, Oklahoma Know all Men by these presents: That the MID- CONTINENT CASUALTY COMPANY, a corporation of the State of Oklahoma, having its principal office in the city of Tulsa, Oklahoma, pursuant to the following By -Law, which was adopted by the Stockholders of the said Company on March 13th, 1947, to -wit: "Article IV, Section 7. -- The Executive Officers of the Company shall have power and authority to appoint, for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one more Resident Vice President, Resident Assistant Secretaries and Attorneys -in -Fact and at any time to remove any such Resident Vice President, Resident Assistant Secretary, or Attorney -in -Fact and revoke the power and authority given him. None of such appointees need be Directors of the Company." The Company does hereby constitute and appoint Jeff R. Johnson, Lynn Pelnik and Janette A. Wieler, individually of TULSA, OK its true and lawful attomey(s) -in -fact, to execute, seal and deliver for and on its behalf as Surety, and as its act and deed, Any and all bonds and undertakings of Suretyship And the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said MID- CONTINENT CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Tulsa, Oklahoma. IN WITNESS WHEREOF, MID- CONTINENT CASUALTY COMPANY has executed and attested these presents this 04 day of April 2007 ATTEST: - / _ ATTEST SARA ANDERSON ASSISTANT SECRETARY TODD BAZATA VICE PRESIDENT On this 04 day of April 1 2007 before me, a Notary Public of the State of Oklahoma in and for the County of Tulsa, came the individual to me Personally knowni to be the officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, said that he is the therein described and authorized officer of the MID- CONTINENT CASUALTY COMPANY aforesaid, and that the seal affixed to the preceding instrument is the corporate of said Company, and the said corporate seal and his signature as such officer were duly affixed to the said instrument by the authority and .direction of the said Company, and that Article IV, Section 7, of the By-Laws of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my ]rand and affixed my official seal at the City of Tulsa. the day and year first above written. »'# q # 99009381 STATE OF OKLAHOA , *'- `R« ommission exp cs 06 -07 -07 COUNTY OF TULS fr ,•aA LI CALLAHAN Notary Public 0. 1, SARA ANDERSOI�P111Z�O fit Secretary of MID - CONTINENT CASUALTY COMPANY do hereby certify that the foregoing extracts of the By -Laws and of `a'Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. This certifies that any facsimile or mechanically- produced signature of any officer of the Company and Company seal, wherever appearing upon a power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, I haw hereunto set my hand and affixed the facsimile seal of said corporation .ti ► r +.,, 4th June 2007 x��- l�;j,r'.'�� this ; day of ,. I o � , C" r }. of SARA ANDERSON Assistant Secretan f�� fi E01 BNYA00101 1 B- 8688 -MC frl... R f' M -.�%%\ F GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513 - 369 -5000 • FAX 513 - 723 -2740 The number of persons authorized by this power of attorney is not more than ONE No.0 17244 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney - in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power JEFF R. JOHNSON TULSA, OKLAHOMA $75,000,000 This Power of Attorney revokes all previous powers issued in behalf of the attomey(s) -in -fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 16th day of February , 2007 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID C. KiTCHIN (513 - 412 -4W2) On this 16th day of February, 2007 , before me personally appeared DAVID C. KITCHIN, tome known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March I, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, , from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof- to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. - RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid pfJ`icers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 41:1 day of June I s1029U (4 -04) MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: ANA STAGG, P.E. PUBLIC WORKS DIRECTOR SUBJECT: FY 2007 -2008 STREET REHABILITATION PROGRAM PROPOSED PROJECT LISTING DATE: July 5, 2007 BACKGROUND: Included in FY 2007 -2008 Budget, the Capital Improvements Fund for a second time allows for the expenditure of $1 million for the repair and/or resurfacing of residential and non - residential roadways throughout the City. Rehabilitation sites have been evaluated and selected based on a comprehensive assessment of roadway conditions. The selection process was aimed at maximizing return on investment by increasing roadway lifecycle and minimizing future maintenance costs while enhancing overall roadway driving conditions and public safety. Once more, the City of Owasso is wishing to further maximize return on expenditures by partnering with Tulsa County in the completion of the roadway project. It is anticipated that following the acceptance of proposed sites by Council, a formal request for the use of County labor and equipment will be submitted for approval via an Interlocal Agreement. NEW PRIORITY REPAIRS IDENTIFIED: In June 2007, the street inventory data was updated and refined. The database for the model was adjusted to reflect changes in segment conditions and a new high - priority listing was generated. A map depicting the location of the priority sites has been included (see Attachment A). The new priority listing includes data for eighty -five segments containing location reference (see Attachment B). Cost estimate for the construction of listed improvements is approximately $1.2 million. Upon acceptance, the Engineering Division will proceed to complete bid documents. It is anticipated that the project can be advertised in July 2007, awarded in August 2007 and completed by October 2007 — pending Tulsa County acceptance of the schedule. PROJECT FUNDING: Funds for this project in the amount of $1,000,000 are included in the FY 07 -08 Capital Improvements Fund. An additional $200,000 will be obtained from remaining funding in the FY 06 -07 program. ATTACHMENTS: A. Recommended FY 07 -08 Repair Sites Location Map B. Priority Site List ST N y - �� �� II" Vii,,........•,•. ........... • � �Is� ���� Iii n' ��'��'��'Q e ,h: -':. ��,:o.ln "- :Yui1:1� 111��, .... �� � *2•c,•CI' =.g \qmr� is e. r;• v • � e • _ � = =III 'I �.� � �� \� �•' � \f 1:� l / �11�_ . Il�xn • � + r Iw '3 ... ,`�iNFI1 1 f- (s i �JI' j•�•�b,� .uml ��lt \x' '� -■L_ NNE ... .� III-%% � ■��� � \N }�LL!_:). - , �� �� ' �.!�:`"�G%.:. •� \iii(. 4 t,:4 _Ie _ T, �..� • J_ : is 'c ��♦1� ■1■ qspa STREET REPAIR PROJECT FY 2007-2001 CITY OF OWASSO 1 Legend 111 N. Main Street ' • Box 180 PAVEMENT REPAIR • • • '1 • • . • . 11 Mill .• . . .. VOW ATTACHMENT B FY 2007 -08 STREET REHABILITATION PROGRAM SITES Street ID: Street Name: Location: 1 122ASO1 E 114th Street N 94th E Avenue to West End 2 122AS02 E 114th Street N 94th E Avenue to N 96th E Avenue 3 122AS03 E 114th Street N 96th E Avenue to N 96th E Avenue 4 122AS05 N 94th E Ave E 113th Street to E 114th Street 5 122AS06 N 95th E Ave E 113th Street to Cul -de -sac (end) 6 122AS07 E 113th Street N 95th E Avenue to N 96th E Avenue 7 122AS08 N 96th E Ave E 113th Street to E 114th Street 8 122AS09 N 96th E Ave E 114th Street to E 115th Street 9 122AS 10 E 115th Street N 96th E Avenue to Mingo Road 10 122AS 11 E 114' Street N 96th E Avenue to Mingo Road 11 122AS12 E 113th Street N 94th E Avenue to N 95th E Avenue 12 122AS 13 E 113th Street N 94th E Avenue to N 94th E Avenue 13 122AS 14 N 94t1i E Ave E 114t1i Street to E 114' Street 14 203AS06 N 121" E Ave E 89th Place N to E 90th Street N 15 203AS09 N 119' E Ave E 89th Place to E 89th Street 16 203AS 10 N 119th E Ave E 89th Street to E 90th Street 17 203AS 11 E 900h Street Owasso Expressway to N 119th E Avenue 18 203AS 12 E 90th Street N 119th E Avenue to N 120th E Avenue 19 203AS 13 E 90th Street N 120th E Avenue to N 121St E Avenue 20 203AS 16 E 90th Street N 121St E Avenue to N 121St Court E 21 203AS26 E 90th Street N 121St Court E to N 123`d E Avenue 22 213AS27 E 89th Place N 137th E Avenue to N 138th E Avenue 23 214AS16 N 138th E Ave E 89th Street N to E 89th Place N 24 214AS18 N 138' E Ave E 89th Place N to E 89th Place N 25 214AS20 N 138th E Ave E 89th Place N to Cul -de -sac (end) 26 291ASO4 N 117th E Ave E 81St Street to E 83`d Street 27 291AS06 N 117th E Ave E 83`d Street to E 84th Place N 28 291AS08 N 117th E Ave E 84th Place N to E 86th Street 29 291AS15 E 83`d Place N 117th E Avenue to N 118th E Avenue 30 291AS16 E 83`d Place N 118th E Avenue to N 119th E Avenue 31 291AS17 E 83`d Place N 119th E Avenue to N 120th E Avenue 32 291AS18 N 121St E Ave N 120th E Avenue to E 84th Street 33 291AS19 N 121St E Ave E 84th Street to E 84th Place 34 291 AS20 N 121St E Ave E 84th Place to E 85th Street 35 291AS21 N 121St E Ave E 85' Street to E 85th Place 36 291AS22 N 121St E Ave E 85th Place to E 86th Street 37 291 AS25 N 118th E Ave E 81 St Street to E 81St Street 38 291AS26 N 118th E Ave E 81St Street to E 82nd Street 39 291AS27 N 118th E Ave E 82nd Street to E 82nd Place 40 291AS28 N 118' E Ave E 82nd Place to E 83`d Street 41 291AS33 E 82nd Street N 118th E Avenue to N 120th E Avenue 42 291AS35 E 83`d Street N 118th E Avenue to N 120th E Avenue 43 291AS39 N 120th E Ave E 83`d Street to N 121St E Avenue 44 292AS31 N 125th E Ave E 82nd Street to E 82nd Place FY 2007 -08 STREET REHABILITATION PROGRAM SITES Street ID: Street Name: Location: 45 292AS32 E 82nd Place N 125th E Avenue to Cul -de -sac (end) 46 292AS33 N 125th E Ave E 82nd Place to E 83`d Street 47 292AS36 N 126th E Ave E 82nd Street to E 83`d Street 48 292AS37 N 126th E Ave E 83`d Street to E 84th Street 49 292AS38 E 84th Street N 126th E Avenue to Cul -de -sac (end) 50 292AS39 E 84th Street N 126th E Avenue to N 127th E Avenue 51 292AS40 E 84' Street N 127th E Avenue to N 128th E Avenue 52 292AS42 N 127th E Ave E 82nd Street to E 84th Street 53 292AS43 N 128th E Ave E 82nd Street to E 84th Street 54 292AS47 N 128th E Ave E 84' Street to E 84th Street 55 293AS08 E 78th Place N 117th E Avenue to N 119th E Avenue 56 293AS09 E 78th Place N 119th E Avenue to N 120th E Avenue 57 293AS 10 E 78th Street N 117th E Avenue to N 120th E Avenue 58 293AS26 E 801h Place N 11th E Avenue to Cul -de -sac (end) 59 293AS27 E 80th Place E 80th Street to N 118th E Avenue 60 293AS28 N 118th E Ave E 80th Place to E 80th Court 61 293AS29 N 118' E Ave E 80th Court to E 81St Street 62 293AS31 N 117th E Ave E 81St Street to Cul -de -sac (end) 63 293AS32 E 81St Street N 117th E Avenue to N 118th E Avenue 64 302AS03 E 4th Street Main Street to Ash Street 65 302ASO4 E 4th Street Ash Street to Birch Street 66 302AS05 E 4' Street Birch Street to Cedar Street 67 302AS06 E 4' Street Cedar Street to Dogwood Street 68 302AS07 E 4' Street Dogwood Street to Elm Place 69 302AS08 E 4th Street Elm Place to Owasso Expressway 70 302AS20 E 8th Street Main Street to Ash Street 71 302AS21 E 8th Street Ash Street to Birch Street 72 302AS22 E 8th Street Birch Street to Cedar Street 73 302AS23 E 8th Street Cedar Street to Dogwood Street 74 302AS24 E 8th Street Dogwood Street to Elm Street 75 302AS25 E 8th Street Elm Street to Elm Place 76 302AS26 E 8th Street Elm Place to Owasso Expressway 77 304AS12 E 2nd Street Main Street to Birch Street 78 304AS22 E 3`d Court Dogwood Street to Elm Street 79 304AS23 E 3`d Court Elm Street to Elm Place 80 304AS40 Birch Street E 1St Street to E 2nd Street 81 312AS 11 Main Street 5th Avenue to 4th Avenue 82 312AS12 Main Street 4th Avenue to 3`d Avenue 83 312AS13 Main Street 3`d Avenue to 2nd Avenue 84 N 145' E Ave 96th to 106th St N 85 E Owasso Expway 86th to concrete road (Tyann extension) MEMORANDUM TO: THE HONOR CITY OF OW FROM: ANA STAGG, P.E. DIRECTOR OF PI YOR AND CITY COUNCIL WORKS SUBJECT: RECOMMENDATION OF AWARD MAIN STREET STREETSCAPE IMPROVEMENTS PROJECT DATE: July 5, 2007 BACKGROUND: As part of Vision 2025 Downtown /Neighborhood Rehabilitation Program, Tulsa County voters have endorsed a $1.1 million expenditure to promote community beautification and economic vitality in the Owasso Downtown area. The proposal — which is in accordance with the Owasso Downtown Development Plan (2001) — calls for the burial of overhead utilities, construction of streetscaping, and installation of ornamental lighting and signs along Main Street between East 76th Street North and 3rd Street North. Contract documents, including drawings, specifications and bidding documents for improvements were completed on June 6, 2007. Contract documents are structured with a unit - price base bid to complete all identified construction work. The Engineer's Opinion of Probable Project Cost prepared by Cobb Engineering is approximately $800,000. A Notice to Bidders was published in the Owasso Reporter on June 7, 2007, and June 24, 2007. Facsimile notifications were sent directly to eight local contractors and notices were submitted to three plan rooms. A mandatory pre -bid meeting was held on June 28, 2007, with three (3) contractors in attendance. ANALYSIS OF BIDS: Bids will be opened on July 9, 2007. A Bid Tabulation will be provided at the meeting on July 10, 2007 for discussion. FUNDING: Funding is provided by Tulsa County Vision 2025. MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JOE NURRE, P.E. CITY ENGINEER SUBJECT: FIRE STATION NO.3 SANITARY SEWER EXTENSION BID AWARD DATE: July 2, 2007 BACKGROUND: Related to the construction of Fire Station No. 3 — currently underway — this work includes the construction of approximately 500 linear feet of 8 -inch sanitary sewer to service the new station as well as the area located northeast of East 96th Street North and U.S. Highway 169. Existing sanitary sewer infrastructure is located approximately 500 linear feet north of Fire Station No. 3. Following a review of alternatives, a recommendation was made for the construction of 500 linear feet of 8 -inch sanitary sewer ranging from 9 feet to 11 feet depth. Such depth will enable gravity -flow service not only to the new fire station but also to other existing and future development in the area. Design documents were completed in June 2007 and Bid Notification was published in the Owasso Reporter on June 7, 2007. Documents were submitted to plan firms and facsimile notifications were sent directly to local contractors to encourage the submittal of multiple bids. The Engineer's Estimate for the work is $62,000.00. EVALUATION OF BIDS: Bids were received and publicly opened on Thursday, June 28, 2007, from a single bidder as follows: McGuire Brothers Construction, Inc., Tulsa, Oklahoma $ 101,981.00 Discussions concerning the single submittal have lead staff to believe that the project's scope — coupled with its location — may have resulted in lack of interest by bidders. Furthermore, although a new easement was acquired for the installation of the new sewer, its close proximity to other existing utilities — specifically telephone and gas — may have detrimentally influenced the pricing of the work by the Bidder. Fire Station No. 3 Sanitary Sewer Bid Award — Page 2 of 2 PROJECT FUNDING: Funding in the amount of $60,000 has been allocated for the work in the Capital Improvements fund. RECOMMENDATION: Staff is currently investigating alternate options for construction of the sewer for a recommendation to be provided at the regularly scheduled meeting on July 17, 2007. ATTACHMENTS: A. Engineer's Cost Estimate & Bid Tabulation M it Z O H 1� Q O H cn °o W E N U) W O U ZO N N a` z O C H LU N to E W N > to p W C C 3 Q' w E m r � N m H s U Z �- w m LU O m W G J Z Z Z_ � !- H Z Q w w a cwI p maa m Q O J W Q Z ~ Q O Q Y d O 0 Of Q Z w = U Z CZ aU z ow0 J Q ~ W w J W LIJ m J J to � 0 W Z O Q d p D Z 0 Q r, Z O LLLn OU) Q H Z w � v�v 0coz j MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: ANA STAGG, P.E. PUBLIC WORKS DIRECTOR SUBJECT: ENGINEERING SERVICES AGREEMENT MESHEK AND ASSOCIATES STORMWATER DESIGN, ANALYSIS, AND REVIEW DATE: July 2, 2007 BACKGROUND: This Agreement continues and extends engineering services between City of Owasso and Meshek & Associates which began on July 2005, for miscellaneous engineering reviews of development projects or areas with drainage problems, and analysis and conceptual design of drainage improvements, as directed by the City. Continuation of these services by Meshek and Associates will provide continuity to the review process and ensure design and construction compliance with the City of Owasso's Stormwater Water Master Plan. If approved, this Agreement shall be executed for the fiscal year 2007 -2008 and shall be for a fee amount not to exceed $90,000.00. All other conditions of the contract remain per the original agreement. Expenditures for FY 2006 -2007 totaled $80,000. The contract amount for FY 07 -08 has been increased to $90,000 to account for a projected increase in development activity. FUNDING SOURCE: Funding for the Extension of Engineering Services has been allocated under the FY 2007 -2008 Stormwater Management Fund in the amount of $90,000.00. RECOMMENDATIONS: Staff intends to recommend Council approval of the Extension of Engineering Agreement for Miscellaneous Drainage Engineering Reviews and Analysis with Meshek and Associates for engineering fee not to exceed $90,000.00. ATTACHMENTS: A. Draft Engineering Contract Documents — Meshek & Associates ATTACHMENT A Agreement for Engineering Services for the City of Owasso, Oklahoma Miscellaneous Drainage Engineering Reviews and Analysis THIS AGREEMENT, made and entered into this day of 2007 between the City of Owasso, Oklahoma, a Municipal Corporation, of Oklahoma, hereinafter referred to as CITY, Meshek & Associates, Inc., hereinafter referred to as ENGINEER; WITNESSETH: WHEREAS, CITY intends to analyze various drainage problems and provide drainage - related reviews of various development projects, hereinafter referred to as the PROJECT; and, WHEREAS, CITY requires certain professional services in connection with the PROJECT, hereinafter referred to as the SERVICES; and, WHEREAS, ENGINEER, is prepared to provide such SERVICES; WHEREAS, funding is available for the PROJECT through NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: 1. SCOPE OF PROTECT. The scope of the PROJECT is described in Attachment A, SCOPE OF PROTECT, which is attached hereto and incorporated by reference as part of this AGREEMENT. 2. SERVICES TO BE PERFORMED BY ENGINEER. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, which is attached hereto and incorporated by reference as part of this AGREEMENT. 3. CITY'S RESPONSIBILITIES. CITY shall be responsible for all matters described in Attachment C, RESPONSIBILITIES OF THE CITY, which is attached hereto and incorporated by reference as part of this AGREEMENT. 4. COMPENSATION. CITY shall pay ENGINEER in accordance with Attachment D, COMPENSATION, and further described in Attachment E, FEE /MANHOUR BREAKDOWN, which are attached hereto and incorporated by reference as part of this AGREEMENT. 5. SCHEDULE. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, in accordance with the schedule set forth in Attachment F, SCHEDULE, attached hereto and incorporated by reference as part of this AGREEMENT. 6. STANDARD OF PERFORMANCE. ENGINEER shall perform the SERVICES undertaken in a manner consistent with the prevailing accepted standard for similar services with respect to projects of comparable function and complexity and with the applicable laws and regulations published and in effect at the time of performance of the SERVICES. The PROJECT shall be designed and engineered in a good and workmanlike manner and in strict accordance with this AGREEMENT. All engineering work shall be performed by or under the supervision of Professional Engineers licensed in the State of Oklahoma, and properly qualified to perform such engineering services, which qualification shall be subject to review by CITY. Other than the obligation of the ENGINEER to perform in accordance with the foregoing standards, no warranty, either express or implied, shall apply to the SERVICES to be performed by the ENGINEER pursuant to this AGREEMENT or the suitability of ENGINEER'S work product. 7. LIMITATION OF RESPONSIBILITY. 7.1. ENGINEER shall not be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the PROJECT. 7.2. The presence of ENGINEER's personnel at a construction site is for the purpose of providing to the CITY a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). 7.3. In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and /or execution. These conditions and cost /execution effects are not the responsibility of ENGINEER. 7.4. Record drawings will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. 7.5. ENGINEER's deliverables, including record drawings, are limited to the sealed and signed hard copies. Computer - generated drawing files furnished by ENGINEER are for CITY or others' convenience. Any conclusions or information derived or obtained from these files will be at user's sole risk. 8. OPINIONS OF COST AND SCHEDULE. 8.1. Since ENGINEER has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors', subcontractors', or vendors' methods of determining prices, or over competitive bidding or market conditions, ENGINEER'S cost estimates shall be made on the basis of qualifications and experience as a Professional Engineer. 8.2. Since ENGINEER has no control over the resources provided by others to meet construction contract schedules, ENGINEER'S forecast schedules shall be made on the basis of qualifications and experience as a Professional Engineer. 9. LIABILITY AND INDEMNIFICATION. 9.1. ENGINEER shall defend and indemnify CITY from and against legal liability for damages arising out of the performance of the SERVICES for CITY, including but not limited to any claims, costs, attorney fees, or other expenses of whatever nature where such liability is caused by the negligent act, error, or omission of ENGINEER, or any person or organization for whom ENGINEER is legally liable. Nothing in this paragraph shall make the ENGINEER liable for any damages caused by the CITY or any other contractor or consultant of the CITY. 9.2. ENGINEER shall not be liable to CITY for any special, indirect or consequential damages, such as, but not limited to, loss of revenue, or loss of anticipated profits. 10. CONTRACTOR INDEMNIFICATION AND CLAIMS. 10.1. CITY agrees to include in all construction contracts the provisions of Articles 7.1, and 7.2, and provisions providing contractor indemnification of CITY and ENGINEER for contractor's negligence. 10.2. CITY shall require construction contractor(s) to name CITY and ENGINEER as additional insureds on the contractor's general liability insurance policy. 11. COMPLIANCE WITH LAWS. In performance of the SERVICES, ENGINEER shall comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. ENGINEER shall procure the permits, certificates, and licenses necessary to allow ENGINEER to perform the SERVICES. ENGINEER shall not be responsible for procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to ENGINEER in Attachment B, SCOPE OF SERVICES. 12. INSURANCE. 12.1. During the performance of the SERVICES under this AGREEMENT, ENGINEER shall maintain the following insurance: 12.1.1. General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. 12.1.2. Automobile Liability Insurance with bodily injury limits of not less than $1,000,000 for each person and not less than $1,000,000 for each accident and with property damage limits of not less than $100,000 for each accident. 12.1.3. Worker's Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance with limits of not less than $100,000 for each occurrence. 12.1.4. Errors and Omissions Insurance to remain in effect during the PROJECT and the term of any legal liability. Errors and Omissions coverage to be for a minimum of $1,000,000, deductibles subject to approval. 12.2. ENGINEER shall furnish CITY certificates of insurance which shall include a provision that such insurance shall not be canceled without at least 30 days written notice to the CITY. 13. OWNERSHIP AND REUSE OF DOCUMENTS. 13.1. All documents, including original drawings, estimates, specifications, field notes and data shall become and remain the property of the CITY. 13.2. CITY'S reuse of such documents without written verification or adaptation by ENGINEER for the specific purpose intended shall be at CITY'S risk. 14. TERMINATION OF AGREEMENT. 14.1. The obligation to continue SERVICES under this AGREEMENT may be terminated by either party upon fifteen days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 14.2. CITY shall have the right to terminate this AGREEMENT, or suspend performance thereof, for CITY'S convenience upon written notice to ENGINEER; and ENGINEER shall terminate or suspend performance of SERVICES on a schedule acceptable to CITY. In the event of termination or suspension for CITY'S convenience, CITY shall pay ENGINEER for all SERVICES performed to the date of termination in accordance with provisions of Attachment D, COMPENSATION. Upon restart of a suspended project, ENGINEER's contract price and schedule shall be equitably adjusted. 15. NOTICE. Any notice, demand, or request required by or made pursuant to this AGREEMENT shall be deemed properly made if personally delivered in writing or deposited in the United States mail, postage prepaid, to the address specified below. To ENGINEER: Meshek & Associates, Inc. P.O. Box 636 20 West 2nd Street, Suite 200 Sand Springs, OK 74063 Attention: Janet K. Meshek, PE, CFM To CITY: CITY OF OWASSO, OKLAHOMA P.O. Box 180 Owasso, Oklahoma 74055 Attention: Ana Stagg, PE 15.1. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of ENGINEER and CITY. 16. UNCONTROLLABLE FORCES. Neither CITY nor ENGINEER shall be considered to be in default of this AGREEMENT if delays in or failure of performance shall be due to forces which are beyond the control of the parties; including, but not limited to: fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage; inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either CITY or ENGINEER under this AGREEMENT; strikes, work slowdowns or other labor disturbances, and judicial restraint. 17. SEVERABILITY. If any portion of this AGREEMENT shall be construed by a court of competent jurisdiction as unenforceable, such portion shall be severed herefrom, and the balance of this AGREEMENT shall remain in full force and effect. 18. INTEGRATION AND MODIFICATION. This AGREEMENT includes Attachments A, B, C, D, E, and F, and represents the entire and integrated AGREEMENT between the parties; and supersedes all prior negotiations, representations, or agreements pertaining to the SCOPE OF SERVICES herein, either written or oral. CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect ENGI NEEWs cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. This AGREEMENT may be amended only by written instrument signed by each of the Parties. 19. DISPUTE RESOLUTION PROCEDURE. In the event of a dispute between the ENGINEER and the CITY over the interpretation or application of the terms of this AGREEMENT, the matter shall be referred to the City's Director of Public Works for resolution. If the Director of Public Works is unable to resolve the dispute; the matter may, in the Director's discretion, be referred to the City Manager for resolution. Regardless of these procedures, neither party shall be precluded from exercising any rights, privileges or opportunities permitted by law to resolve any dispute. 20. ASSIGNMENT. ENGINEER shall not assign its obligations undertaken pursuant to this AGREEMENT, provided that nothing contained in this paragraph shall prevent ENGINEER from employing such independent consultants, associates, and subcontractors as ENGINEER may deem appropriate to assist ENGINEER in the performance of the SERVICES hereunder. 21. APPROVAL. It is understood and agreed that all work performed under this AGREEMENT shall be subject to inspection and approval by the Public Works Department of the City of Owasso, and any plans or specifications not meeting the terms set forth in this AGREEMENT will be replaced or corrected at the sole expense of the ENGINEER. The ENGINEER will meet with the City staff initially and monthly thereafter and will be available for public meetings and /or City of Owasso presentations. 22. KEY PERSONNEL. In performance of the SERVICES hereunder, ENGINEER has designated Janet K. Meshek as Project Manager for the PROJECT. ENGINEER agrees that no change will be made in the assignment of this position without prior approval of CITY. IN WITNESS WHEREOF, the parties have executed this AGREEMENT in multiple copies on the respective dates herein below reflected to be effective on the date executed by the Mayor of the City of Owasso. APPROVED: Meshek & Associates, Inc. Janet eshek, PE, CFM Date CITY OF OWASSO, OKLAHOMA City Clerk Mayor Date APPROVED AS TO FORM: City Attorney Agreement for Engineering Services for the City of Owasso, Oklahoma Miscellaneous Drainage Engineering Reviews and Analysis Scope of Project Attachment A SCOPE OF PROTECT. The PROJECT shall consist of the general engineering services, review and approval of Hydrology and Hydraulic reports as related to the City of Owasso Master Drainage Plan. AGREEMENT FOR ENGINEERING SERVICES ATTACHMENT A.DOC A -1 Agreement for Engineering Services for the City of Owasso, Oklahoma Miscellaneous Drainage Engineering Reviews and Analysis Scope of Services Attachment B The services to be performed by the ENGINEER, Meshek & Associates, Inc., under this AGREEMENT will consist of miscellaneous engineering review of development projects as directed by the City, as well as analysis and conceptual design of drainage improvements as directed individually by the City by work order. Further, it is understood and agreed that the date of beginning, rate of progress, and the time of completion of the work to be done hereunder are essential provisions of this AGREEMENT; and it is further understood and agreed that the work embraced in this AGREEMENT shall commence upon execution of this AGREEMENT and receipt of Notice to Proceed. It is further understood that all reviews and conceptual designs will be prepared in accordance with the City of Owasso design criteria and specifications for construction. B.1. Basic Services of ENGINEER. The basic services of the ENGINEER shall include, but are not limited to the following tasks: B.1.a) Provide miscellaneous drainage engineering review of development projects as directed by the City. The work will include: B.1.a) 1. General review of engineering plans for compliance with City criteria and policies. B.1.a) 2. Inclusion of proposed developments or other ongoing projects in the applicable HEC -HMS and HEC -RAS model of the watersheds in the City of Owasso. B.Lb) Provide analysis and conceptual design of drainage improvements, as directed individually by the City. The work will generally include the following elements: B.Lb) 1. Preparation of detailed hydrologic and hydraulic models of the localized areas. B.1.b) 2. Preparation of conceptual plans to deal with the flooding problems. B.Lb) 3. Prepare conceptual level cost estimates for budget purposes. B.Lb) 4. Preparation of a letter report documenting findings. AGREEMENT FOR ENGINEERING SERVICES ATTACHMENT B.DOC B•1 Agreement for Engineering Services for the City of Owasso, Oklahoma Miscellaneous Drainage Engineering Reviews and Analysis Responsibilities of the City Attachment C RESPONSIBILITIES OF THE CITY. The CITY agrees: C.1 Reports, Records, etc. To furnish, as required by the work, and not at expense to the ENGINEER: C.1.1 Records, reports, studies, plans, drawings, and other data available in the files of the CITY that may be useful in the work involved under this AGREEMENT. C.1.2 Standard construction drawings and standard specifications. C.1.3 ENGINEER will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by CITY. C.2 Access. To provide access to public and private property when required in performance of ENGINEER's services. C.3 Staff Assistance. Designate in writing a person to act as its representative in respect to the work to be performed under this AGREEMENT, and such person shall have complete authority to transmit instructions, receive information, interpret and define CITY'S policies and decisions with respect to materials, equipment, elements and systems pertinent to the services covered by this AGREEMENT. C.3.1 Furnish staff assistance in locating, both horizontally and vertically, existing CITY owned utilities and in expediting their relocation as described in Attachment B. Further, CITY will furnish assistance as required in obtaining locations of other utilities, including "potholing ". C.3.2 Furnish legal assistance as required in the preparation of bidding, construction and other supporting documents. C.4 Review. Examine all studies, reports, sketches, estimates, specifications, drawings, proposals and other documents presented by ENGINEER and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. AGREEMENT FOR ENGINEERING SERVICES ATTACHMENT C.DOC C -1 Agreement for Engineering Services for the City of Owasso, Oklahoma Miscellaneous Drainage Engineering Reviews and Analysis Compensation Attachment D COMPENSATION. The CITY agrees to pay, as compensation for services set forth in Attachment B, the following fees, payable monthly as each Phase of the work progresses; and within 30 calendar days of receipt of invoice. ENGINEER shall submit monthly invoices based upon actual hours or work, invoiced according the Rate Schedule provided in ATTACHMENT E, completed at the time of billing. Invoices shall be accompanied by such documentation as the CITY may require in substantiation of the amount billed. D.1 Total Compensation. D.1.1 For the work under this project, Attachment B, the total maximum billing including direct costs and subconsultant services shall be Ninety- Thousand Dollars and No Cents ($90,000) which amount shall not be exceeded without further written authorization by the CITY. D.2 Subconsultants and Other Professional Associates. Services of subcontractors and other professional consultants shall be compensated for at actual cost. D.3 Other Direct Costs. D.3.1 Travel and subsistence shall be compensated for at actual cost. Local travel by personal or firm automobile shall be compensated for at $.445 per mile. D.3.2 Printing expenses shall be compensated for as shown in ATTACHMENT E.3. D.3.3 Any other direct costs shall be compensated for at actual cost. D.4 Additional Services. Unless otherwise provided for in any accepted and authorized proposal for additional services, such services shall be compensated for on the same basis as provided for in D.2 and D3. AGREEMENT FOR ENGINEERING SERVICES ATTACHMENT D.DOC D -1 D.5 Terminated Services. If this AGREEMENT is terminated, ENGINEER shall be paid for services performed to the effective date of termination as follows: D.5.1 For hourly services as presented in D.2. D.6 Conditions of Payment. D.6.1 Progress payments shall be made in proportion to services rendered and expenses incurred as indicated within this AGREEMENT and shall be due and owing within thirty days of ENGINEER'S submittal of his progress payment invoices. D.6.2 If CITY fails to make payments due ENGINEER within sixty days of the submittal of any progress payment invoice, ENGINEER may, after giving fifteen days written notice to CITY, suspend services under this AGREEMENT. D.6.3 If the PROJECT is delayed, or if ENGINEER'S services for the PROJECT are delayed or suspended for more than ninety days for reasons beyond ENGINEER'S control, ENGINEER may, after giving fifteen days written notice to CITY, request renegotiation of compensation. AGREEMENT FOR ENGINEERING SERVICES ATTACHMENT D.DOC D -2 Agreement for Engineering Services for the City of Owasso, Oklahoma Miscellaneous Drainage Engineering Reviews and Analysis Billing Rate Sheet Attachment E Hourly Rates For: Meshek & Associates, Inc. Amount ($ /hour): E.1 Allowance for Office Work: Labor billing will be computed as the actual hourly salary rate times a multiplier of 2.541. The multiplier consists of: Salary 1.000 Overhead 1.420 Subtotal 2.420 5 %Profit 0.121 Total Multiplier 2.542 E.2 Travel Expense: Total mileage traveled for field and office visits x $0.485/mile E.3 Reproduction costs: E.3.1 In -house reproduction Copies $ 0.20 /each Prints $ 2.00 /each 11 x 17 Color Prints $ 3.50 /each Black and White Plots $18.00 /each Color Plots $28.00 /each E.3.2 Outside reproduction At Cost E.4 Miscellaneous expenses and fees: At Cost AGREEMENT FOR ENGINEERING SERVICES ATTACHMENT E.DOC E -1 Agreement for Engineering Services for the City of Owasso, Oklahoma Miscellaneous Drainage Engineering Reviews and Analysis Personnel Billing Rate Sheet Exhibit E The following hourly rates will be used Meshek & Associates, Inc. employees on work on this project. The rates are based on current salary levels and will be revised as necessary during this calendar year for employee salary adjustments and new employees. The rates are based on actual salary times a multiplier of 2.542. Janet Meshek Principal Engineer, PE $103.88 William Tom Meshek Principal Engineer, PE,LS $103.88 Dale Reynolds Project Engineer, PE $85.55 Brandon Claborn Project Engineer, PE $85.55 Chris Duncan Project Engineer, PE $85.55 Jack Goble Project Engineer, El $65.81 Preetha Veerara haven Project Engineer, El $61.11 Ben Fletcher Engineering Technician $65.81 Chris Hill GIS Specialist $70.27 Jim Leach GIS Specialist $85.55 Michael Couch GIS Technician $55.00 Mike Allen CADD Technician $59.27 Bobby Kemp Construction Inspector $51.94 Darlene Daugherty Administrative Assistant $40.67 Rachel Walker Engineering Technician $29.23 EXHIBIT E -1.DOC E -1 Agreement for Engineering Services for the City of Owasso, Oklahoma Miscellaneous Drainage Engineering Reviews and Analysis Schedule Attachment F F. SCHEDULE. The schedule for general engineering services for the fiscal year 2007- 2008 project is provided as follows: F.I. Assuming a Notice to Proceed of July 17, 2007, contract will expire on July 31, 2008. F.2. Assuming a two -week review period by the ENGINEER. AGREEMENT FOR ENGINEERING SERVICES ATTACHMENT F - SCHEDULE.DOC F -1 MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: BRADD K. CLARK FIRE CHIEF SUBJECT: WILDLAND FIREFIGHTING VEHICLE CHASSIS DATE: July 2, 2007 BACKGROUND: In 1996, both of the Fire Department's wildland firefighting vehicles were removed from service due to deterioration. In FY 2000 -01, the Fire Department purchased one new wildland firefighting vehicle, serving as the only one in the emergency response fleet. The FY 2007 -08 Fire Capital budget provides funding for the purchase of a new wildland firefighting vehicle for Fire Station No. 3. This vehicle will provide an emergency response vehicle for that facility for incidents involving fires in wildland areas or outside fires not involving structures. Currently, the Fire Department currently has one of these types of vehicles housed at Fire Station No. 2. The proposal is to purchase an all- weather emergency response vehicle capable of operating at wildland fire incidents. An evaluation of the needs of the organization in terms of the wildland firefighting capabilities was undertaken in February. It was determined that the most effective and efficient process to create a new wildland firefighting vehicle for the Fire Department was to purchase the vehicle from the State Purchasing Contract, and to construct the remaining functionality of the vehicle in- house. The State Purchasing Contract for the vehicle was awarded to Country Ford of Guthrie, Oklahoma in the amount of $30,372. A copy of this contract is attached for your information and review. FUNDING: The FY 2007 -08 Fire Capital budget includes funds in the amount of $55,000 for this project, which includes both the vehicle itself and the purchase of the emergency response equipment to outfit the vehicle. RECOMMENDATION: Providing there are no concerns expressed by the Council, staff intends to recommend approval to purchase the vehicle from Country Ford of Guthrie, Oklahoma in the amount of $30,372 at the Council meeting on July 17, 2007. ATTACHMENT: 1. State Purchasing Contract Bid from Country Ford of Guthrie, OK Country Ford - Mercury, Inc Fleet & Government Sales PO Box 1600 Guthrie, OK 73044 800 - 375 -4471 Fax: 405-260-3010 Mark Stuckey City of Owasso 8901 N Garnett Owasso, OK 74055 Phone: (918)272 -5253 Fax: (918)272 -4998 a division of ''JEJ NICE AUTO GiiOUP .... "Where it's comfortable to buy a car.' Sales Quotation Questions? Please call Cameron Colter Quote Number: 001656 Date 5/30/2007 Quote Expires: 6/9/2007 Qty Option Code _L Description Price Extend 1 0070 -48 -40 -100 F 2008 FORD F350 CREW CAB $20,459.00 $20,459.00 1 0070- 48 -40- 100 -07 F 4 WHEEL DRIVE $2,825.00 $2,825.00 1 0070- 48 -40- 100 -02 F DIESEL ENGINE $4,698.00 $4,698.00 1 0070- 48 -10- 100 -11 F 4.10 LIMITED SLIP DIFFERENTIAL $290.00 $290.00 1 0070- 48 -10- 100 -33 F DUAL ALTERNATORS (REQ OPTION 2) $380.00 $380.00 1 0070- 48 -10- 100 -77A POWER TRAILER TOW MIRRORS $220.00 $220.00 1 0070- 48 -40- 100 -50 F SINGLE REAR WHEELS ($605.00) ($605.00) 1 0070- 48 -10- 100 -48 F POWER WINDOWS & DOOR LOCKS $705.00 $705.00 1 0070- 48 -10- 100 -39 F DUAL POWER POINTS ON DASH $0.00 $0.00 1 0070- 48 -10- 100 -37 F RUBBER FLOORING w/ HD MATS $85.00 $85.00 1 0070- 48 -10- 100 -29 F BUCKET SEATS (exc console) $390.00 $390.00 1 0070- 48 -10- 100 -18 F LT245/75R17E A/T TIRES $125.00 $125.00 1 0070- 48 -10- 100 -17 F FRONT TOW HOOKS $0.00 $0.00 1 0070- 48 -10- 100 -16 F AM /FM STEREO CD PLAYER $275.00 $275.00 1 0070- 48 -10- 100 -12 F :TOW COMMAND PACKAGE $525.00 $525.00 I accept the terms and conditions of this quotation. Signed: Name: Title: Terms: TAG & TAXES NOT INCLUDED UNLESS ITEMIZED ON QUOTE. PURCHASE ORDER REQUIRED TO ORDER VEHICLE BALANCE DUE AT TIME OF DELIVERY UNLESS PREVIOUS ARRANGEMENTS ARE MADE. Buyer: Date: Thank you for the opportunity to be of service. Sub -Total Registration Tax Total Dealer $30,372.00 $30,372.00 MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: BRADD K. CLARK FIRE CHIEF SUBJECT: DEPUTY FIRE CHIEF COMMAND VEHICLE DATE: July 2, 2007 BACKGROUND: The FY 2007 -08 Fire Operating budget provides funding for the purchase of a new emergency response supervisory command vehicle for the Deputy Fire Chief. This position was created and filled in November, 2006. The current budget proposes to purchase the emergency response vehicle for the supervisory responsibility and use of the Deputy Fire Chief. The proposal is to purchase an all- weather emergency response vehicle capable of transporting five persons and associated personal protective equipment, operating on scenes for extended periods of time, and arrival at scenes off of paved roads. The evaluation process for this vehicle considered pick -up trucks and totally enclosed vehicles. Due to an array of command equipment, including a computer, hazardous materials monitoring devices and similar equipment, and the need to secure and protect this equipment from the weather, the totally enclosed vehicle is proposed. An evaluation of the State of Oklahoma State Purchasing Contracts was then undertaken by staff. The Chevrolet Tahoe was identified as the vehicle that would best meet the needs outlined above, as well as being within the funding that was approved in the FY 2007 -08 Fire Operating budget. The State Purchasing Contract for the vehicle was awarded to Ruble -Vance Chevrolet of Guthrie, Oklahoma in the amount of $33,578. A copy of this contract is attached for your information and review. FUNDING: The FY 2007 -08 Fire Operating budget includes funds in the amount of $38,500 for this project, which includes both the vehicle itself as well as the purchase of the emergency response equipment. RECOMMENDATION: Providing there are no concerns expressed by the Council, staff intends to recommend approval to purchase the vehicle from Ruble -Vance Chevrolet of Guthrie, Oklahoma in the amount of $33,578 at the Council Meeting on July 17, 2007. ATTACHMENTS: 1. State Purchasing Contract Bid from Ruble -Vance Chevrolet of Guthrie, OK JOHN VANCE AUTO GROUP Fleet & Government Sales PO Box 400 Guthrie, OK 73044 -0400 800 - 375 -4471 x 173 Fax: 405 - 260 -3010 Mark Stuckey City of Owasso 8901 N Garnett Owasso, OK 74055 Phone: (918)272 -5253 Fax: (918)272 -4998 ._ "'y ROUP °FtV Ys c>r:� it',> ax ».e'aretcartablc: tis Sales Quotation John Vance Motors Ruble -Vance Chevrolet Ruble- VanceAutoplex Country Ford - Mercury John Vance Ford LM Questions? Please call Cameron Colter Quote Number: 001655 Date 5/30/2007 Quote Expires: 6/9/2007 Qty Option Code Description Price Extend 1 0070 -06 -50 -500 2007 CHEVROLET TAHOE $26,977.00 $26,977.00 1 ,0070- 06 -50- 500 -07 4 WHEEL DRIVE $3,797.00 $3,797.00 1 0070- 06 -50- 500 -09 HD TRANSMISSION OIL COOLER $95.00 $95.00 1 0070- 06 -50- 500 -12 TRAILER TOW PACKAGE $0.00 $0.00 1 0070- 06 -50- 500 -16 AM /FM STEREO CD PLAYER $0.00 $0.00 1 0070- 06 -50- 500 -17 FRONT TOW HOOKS $40.00 $40.00 1 0070- 06 -50- 500 -21 REAR CLOTH SEAT $0.00 $0.00 1 0070- 06 -50- 500 -22 FRONT BUCKET SEATS $1,575.00 $1,575.00 1 0070- 06 -50- 500 -23 POWER DRIVER SEAT $0.00 $0.00 1 0070- 06 -50- 500 -37 HD RUBBER FLOOR MATS $85.00 $85.00 1 0070- 06 -50- 500 -38 LOCKING REAR DIFFERENTIAL $295.00 $295.00 1 0070- 06 -50- 500 -41 KEYLESS ALARM $339.00 $339.00 1 0070- 06 -50- 500 -95 ASSIST STEPS $0.00 $0.00 1 0070- 06 -50- 500 -96 SIDE AIR BAGS (na w/ spot light) $375.00 $375.00 63U EXT COLOR: SPORT RED 19D INT COLOR: EBONY CLOTH SW70035 STATE CONTRACT i accept the terms and conditions of this quotation. Signed: Name: Title: Terms: 1) TAG & TAXES NOT INCLUDED UNLESS ITEMIZED ON QUOTE. 2) ALL FLEET REBATES & INCENTIVES INCLUDED IN TOTAL PRICE. 3) PURCHASE ORDER REQUIRED TO ORDER VEHICLE 4) BALANCE DUE AT TIME OF DELIVERY UNLESS PREVIOUS ARRANGEMENTS ARE MADE. Thank you for the opportunity to be of service. Sub -Total $33,578.00 REGISTRATIO Tag & Tax Total Dealer Approval: $33,578.00 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JULIE TROUT LOMBARDI CITY ATTORNEY SUBJECT: LEASE AGREEMENT BETWEEN THE CITY OF OWASSO AND KOURTIS REALTY LTD., CO. DATE: June 19, 2007 BACKGROUND In connection with the Garnett widening project, the City of Owasso purchased right -of -way from landowners along the west side of Garnett between 86th and 96th Streets in January of 2005. Not all of the right -of -way purchased was ultimately required for the project and therefore was not used. Specifically, approximately 18,377 square feet of land were not used for right -of -way on the parcel of land located immediately north of East 16th Street and adjacent to Ron's Hamburgers. This land is now owned by the City as a result of the right -of -way purchase and, although not used for any purpose, remains the responsibility of the City to mow and maintain. The landowner of the property upon which Ron's Hamburgers is located has requested that the City lease the subject 18,377 square feet of property to them for a period of ninety -nine (99) years with four (4) additional ten (10) year renewal options available to the lessee. Nominal rent would be paid by the lessee to the City. However, the lessee would mow and maintain the property thereby relieving the City of that responsibility and expense. In addition, the lessee has expressed its intent to pave at least a portion of this property for use as an additional parking area for Ron's Hamburgers, thereby alleviating overflow parking on dirt as currently occurs. Because the lessee intends to construct permanent improvements on the subject property, the City would agree to reimburse the lessee on a declining percentage scale for those improvements if, within the first five (5) years of the lease term, it were necessary to terminate the lease to widen the existing right -of -way or locate utilities on the property. RECOMMENDATION Staff recommends that the City Council approve the proposed Lease Agreement between the City of Owasso and Kourtis Realty Ltd., Co., and authorize the mayor to execute the Lease Agreement. ATTACHMENT Lease Agreement PROPOSED LEASE AGREEMENT STATE OF OKLAHOMA ) KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF TULSA ) THIS LEASE AGREEMENT (the "Lease ") is made and entered into by and between CITY OF OWASSO, an Oklahoma municipal corporation (the "Lessor "), and KOURTIS REALTY LTD., CO., an Oklahoma limited liability company (the "Lessee "). WITNESSETH: WHEREAS, Lessor is the owner of that certain parcel of land located in the City of Owasso, County of Tulsa, State of Oklahoma being more particularly described on Exhibit "A" attached hereto and made a part hereof for all purposes (the "Lessor's Property "); and WHEREAS, Lessee is desirous of leasing the Lessor's Property from Lessor, and Lessor is agreeable to same, subject to the terms and conditions hereinafter set forth. NOW, THEREFORE, for and in consideration of the foregoing Lessor's Property and the mutual and respective covenants and undertakings of Lessor and Lessee hereunder, such parties hereby agree as follows: ARTICLE I DEMISE AND DESCRIPTION OF LESSOR'S PROPERTY 1.01. In consideration of the mutual promises herein made, and subject to all of the terms and conditions hereof, Lessor hereby demises and leases to Lessee, and Lessee hereby accepts, takes and hires from Lessor, the Lessor's Property free and clear of all liens, restrictions and other encumbrances other than those matters of public record (the "Permitted Exceptions "). Notwithstanding anything to the contrary contained herein, Lessor and Lessee acknowledge and agree that the Lessor's Property may be improved, in Lessee's sole discretion, with a hard -top parking surface, landscaping and related improvements (the "Improvements "). By its execution hereof, Lessor irrevocably covenants and agrees that (i) Lessor shall cooperate with Lessee in connection with the Improvements, as aforesaid, including, without limitation, executing any documentation required of a lessee in connection therewith; (ii) the leasehold estate and all rights, title and interests hereby created shall be and remain subject, inferior and subordinate to the Plat of Ator Heights III Addition without the necessity of any further action or writing by Lessee or any other party; and (iii) Lessee shall be fully responsible for the construction and maintenance of the Improvements during the Term (hereinafter defined in Section 2.01) of this Lease. Page 1 of 13 ARTICLE II TERM ANDRENEWAL OPTION 2.01. The stated term of this Lease shall be for the period commencing at 12:00 a.m., local time, in Owasso, Oklahoma on July 1, 2007 (the "Commencement Date ") and, unless sooner terminated pursuant to the terms hereof, ending at 11:59 p.m., local time in Owasso, Oklahoma, on June 30, 2106. The stated term of this Lease, as same may be and is properly renewed and extended in accordance with Section 2.02 below or any amendments properly entered into by and between Lessor and Lessee, shall be referred to as the "Term" of the Lease. 2.02. Provided that Lessee shall not then be in default hereunder, then Lessee shall have and is hereby granted four (4) separate and distinct options to renew and extend the Term of this Lease, each for an additional ten (10) years upon the same terms and conditions as herein provided. Lessee shall exercise such renewal and extension option by giving Lessor written notice thereof not less than thirty (30) days prior to the originally scheduled expiration of the Term of the Lease. Failure by the Lessee to timely and properly exercise the renewal and extension option shall constitute a waiver thereof and, if applicable, any subsequent option to extend the Term of this Lease. 2.03. During the Term of this Lease, as same may be extended, the Improvements shall be owned by Lessee. ARTICLE III RENT 3.01. As base rental (the "Base Rent ") for the Term of this Lease, Lessee binds and obligates itself to pay Lessor, one Dollar ($1.00) upon execution of this Lease and One Dollar ($1.00) per year thereafter on the 15th day of each January, commencing January 15, 2008. ARTICLE IV TAXES 4.01. Lessor represents and warrants that the Lessor's property is exempt from ad valorem taxes and, therefore, Lessee shall not be obligated to pay any property taxes. ARTICLE V USE OF LESSOR'S PROPERTY AND COMPLIANCE WITH LAWS 5.01. The Lessor's Property shall be used by Lessee for parking, access, landscaping, utility and ancillary purposes to the commercial business purposes located in Ator Heights III. 5.02. Notwithstanding anything to the contrary contained herein, Lessee, at its sole cost and expense, shall promptly execute and fulfill any and all applicable orders, directives and requirements and otherwise comply with any and all applicable codes, rules, regulations, ordinances, statutes and laws, orders, decrees and the like (collectively, the "Applicable Laws ") Page 2 of 13 of the municipal, county, state and federal governments, and all agencies, commissions, boards or departments thereof and all other official, public, governmental or quasi - governmental institutions, authorities, subdivisions or instrumentalities having jurisdiction over the Lessor's Property which in any way relate to Lessee's use or occupancy of the Lessor's Property; provided, however, in no event shall Lessee be responsible for any damages or costs of any required or necessary repair, cleanup, detoxification or other remedial work to cure or correct any violation of or to return the Lessor's Property to compliance with the Environmental Response, Compensation and Liability Act of 1980, as, amended by the Superfund Amendment and Reauthorization Act of 1986, the Resource Conservation and Recovery Act, as amended, the Federal Water Pollution Control Act, as amended, the Clean Air Act, the Toxic Substances Control Act, the Emergency Planning and Community Project to Know Act of 1986, and all other Applicable Laws relating to environmental issues or conditions or industrial health or hygiene (collectively, the "Environmental Laws "). Notwithstanding anything herein to the contrary, Lessee represents and warrants that it will not hereafter, nor will it allow any of its agents, employees, contractors or any other person acting by, through or under it, to violate any Environmental Laws. 5.03. Notwithstanding anything to the contrary contained herein, Lessee shall comply with any and all applicable Permitted Exceptions. 5.04. Lessor hereby represents and warrants to its current actual knowledge that the Lessor's Property is in compliance with all Applicable Laws, Environmental Laws and the Permitted Exceptions. ARTICLE VI MAINTENANCE, REPAIRS AND PAVED AND LANDSCAPED AREAS 6.01. Lessee, at its sole cost and expense, shall maintain, repair, and replace all portions of the Improvements on the Lessor's Property. Lessee, at its sole cost and expense shall at all times keep all portions of the Lessor's Property in good order, condition, and repair and in a clean, sanitary, and safe condition and in accordance with any and all Applicable Laws. Lessee shall not cause waste, damage, or not cause injury to the Lessor's Property. Lessee will surrender and deliver up the Lessor's Property upon the expiration of the Term of this Lease, or its earlier termination, in the same condition which existed after the completion of the Improvements. In the event the Lessor needs to terminate this Lease as to all or a portion of the Lessor's Property during the Term of this Lease for purposes of widening the existing right -of- way or utility relocation on the Lessor's Property, Lessor may do so upon sixty (60) days prior written notice and without penalty or cost except for reimbursement to the Lessee by Lessor for improvements made to the property by Lessee. This amount of reimbursement shall decrease annually as follows: The Lessor shall reimburse the Lessee for the cost of the Improvements (a) 100 % in Year 1; (b) 80% in Year 2; (c) 60% in Year 3; (d) 40% in Year 4; and 20% in Year 5. Notwithstanding anything herein to the contrary, except as provided above, the Lessor shall not be responsible for making any repairs to the property in the event utility construction, maintenance or relocation is required on the Lessor's Property. Page 3 of 13 ARTICLE VII SIGNS 7.01. Lessee, at its sole cost and expense, without approval of Lessor, shall have the exclusive right to erect or attach to the Lessor's Property such signs as it may deem proper and necessary, provided that each such sign complies with all Applicable Laws. ARTICLE VIII ASSIGNMENT AND SUBLETTING 8.01. Lessee may transfer or assign this Lease or any interest herein, may sublease all or any part of the Lessor's Property, may mortgage, pledge or hypothecate its leasehold interest, may grant any concession or license within the Lessor's Property, without the prior written consent of Lessor, in its sole and absolute discretion. ARTICLE IX EMINENT DOMAIN 9.01. If ten percent (10 %) or more of the Lessor's Property is permanently taken, and the remaining portion will not be reasonably adequate for the operation of Lessee's business after the completion of such repairs or alterations as is necessary to continue operations of the Improvements, either Lessor or Lessee shall have the right to elect to terminate this Lease within thirty (30) days after the taking of permanent possession by public authority by delivering written notice thereof to the other. If neither Lessor nor Lessee elects, or they are not entitled to elect, to terminate this Lease, as aforesaid, then (a) Lessee shall remain in possession of the remainder of the Lessor's Property not so taken, in which event this Lease shall terminate on the portion of the Lessor's Property taken from the day possession thereof shall be required by the public authority, and (b) all the terms of this Lease shall continue in effect with respect to the portion of the Lessor's Property not taken through the expiration of the Term of this Lease. 9.02. If the whole or any part of the Improvements shall be taken by any public authority under the power of eminent domain, or deed in lieu thereof, Lessor shall be entitled to receive and retain all compensation, awards and the like paid or payable by the condemning authority with respect thereto, and payment to Lessee for any improvements made shall be paid By Lessor to Lessee subject to the schedule of compensation set forth in Section 6.01, in any event not to exceed the total amount of compensation received by Lessor. ARTICLE X CASUALTY 10.01. In the event the Lessor's Property or the Improvements, or any part thereof shall be damaged by casualty, Lessee shall give prompt written notice thereof to Lessor, and Lessee shall receive the proceeds from any Casualty Insurance. Reimbursement for damage to any improvements made by Lessee shall be made to Lessee by Lessor subject to the annual schedule Page 4 of 13 of compensation set forth in Section 6.01, in any event not to exceed the total amount of proceeds received by Lessor. ARTICLE XI LESSOR'S LIABILITY 11.01 Except in the event of a wrongful eviction of Lessee by Lessor, Lessor's liability for breach of any covenant hereof shall be expressly limited to the recovery against the Lessor's interest in the Property. If Lessor sells or transfers all or part of the Property, such transfer shall be subject to all the terms and conditions of this Lease including (without limitation) Lessee's Right of First Refusal as more particularly provided in Article XVI. Lessor shall not be liable for any injuries or damages occurring on the Property during the term of this lease, and Lessee hereby agrees to indemnify Lessor for any such damages which Lessor may be required to pay arising out of accidents, injuries or occurrences on the Property during the lease term. ARTICLE XII FORCE MAJEURE 12.01. Whenever a period of time is herein prescribed for the taking of any action by either party, such party shall not be liable or responsible for, and there shall be excluded from the computation of such period, any delays due to strikes, riots, acts of God, shortages of labor or materials, war, governmental law, regulations or restrictions or any other cause whatsoever beyond the control of the obligated party, not to exceed thirty (30) days. ARTICLE XIII RECORDATION 13.01. Lessee shall not record this Lease without the written consent of Lessor; provided, however, that either Lessor or Lessee, upon the request of the other, shall join in the execution of a memorandum or so called "short form" of this Lease for the purposes of recordation. Said memorandum or "short form" of this Lease shall describe the parties, the Lessor's Property and the Term of this Lease only and shall incorporate the other provisions of this Lease by reference. ARTICLE XIV QUIET ENJOYMENT 14.01. So long as Lessee shall timely and properly pay the Base Rent, and otherwise perform and satisfy all other obligations, duties and responsibilities required hereunder, Lessee shall during the term hereof freely, peacefully and quietly enjoy and occupy the Lessor's Property for the Term of the Lease, subject only to the Permitted Exceptions and the terms and conditions hereof. Page 5of13 ARTICLE XV ENCUMBRANCE OF LEASEHOLD 15.01. Notwithstanding anything contained in this Lease to the contrary, Lessee may, at any time and from time to time, encumber the leasehold interest by deed of trust, mortgage, or other security instrument, without obtaining the consent of the Lessor, but no such encumbrance shall constitute a lien on the fee title of Lessor, and the indebtedness incurred by the encumbrance shall at all times be and remain inferior and subordinate to Lessor's fee simple estate in the Lessor's Property. References in this Lease to "Lender" refer to any person or entity to whom the Lessee has encumbered its leasehold interest. 15.02. At any time after execution and recordation in Tulsa County, Oklahoma, of any mortgage or deed of trust encumbering Lessee's leasehold interest, Lender shall notify Lessor in writing that the mortgage or deed of trust has been given and executed by Lessee and furnish Lessor with the address to which it desires copies of notices to be mailed. Lessor agrees to mall to such Lender or to any agent or representative designated by such Lender, at the addresses given, duplicate copies of all written notices which Lessor gives or serves on Lessee under and pursuant to the terms and provision of this Lease after the receipt of such a notice from Lender. 15.03. Lessor hereby agrees to subordinate any lien it has against the Lessee or Lessee's property in favor of any lender who extends funds to Lessee for the purpose of financing the Improvements and to promptly execute any and all such reasonable documents required by Lessee's lender to evidence Lessor's subordination of Lessor's lien. ARTICLE XVI MISCELLANEOUS 16.01. No amendment, modification, or alteration of the terms of this Lease shall be binding unless it is in writing, dated contemporaneous with or subsequent to the date of this Lease, and duly executed by the parties to this Lease. 16.02. Any notice, demand, request or other communication required, given or made under or in connection with this Lease shall be deemed delivered, upon receipt, if hand delivered, or whether actually received or not, when deposited in a regularly receptacle for the mail, sent by certified mail, return receipt requested, postage prepaid, addressed as follows: If to Lessor: City of Owasso Attn: City Manager P.O. Box 180 Owasso, OK 74055 Page 6 of 13 If to Lessee- Kourtis Realty Ltd., Co. Attn: Pete Kourtis P.O. Box 419 Owasso, OK 74055 With a copy to: E. Robert Buss P.O. Box 240 Owasso, OK 74055 16.03. This Lease shall be construed under and in accordance with the laws of the State homa and is performable in Tulsa County, Oklahoma. 16.04. This Lease shall be binding on and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns, whether voluntarily or by operation of law. 16.05. In case any one or more of the provisions contained in this Lease shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions thereof, and this Lease shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 16.06. If any action at law or in equity is brought by the Lessee, Lessor shall not be responsible for the payment of Lessee's attorney's fees. 16.07. The parties hereby declare that it is impossible to measure in money the damages which will accrue to a parry hereto, its successors or assigns by reason of a failure to perform any of the obligations under this Lease. Therefore, if a party hereto, or its legal representatives, successors, or assigns shall institute any action or proceeding to enforce the provisions hereof, any person against whom such action or proceeding is brought hereby agrees that specific performance may be sought and obtained for any breach of this Lease. 16.08. This Lease and all other copies of this Lease, insofar as they relate to the rights, duties, and remedies of the parties, shall be deemed to be one Lease. This Lease may be executed concurrently in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 16.09. This Lease contains the entire agreement between the parties with respect to the subject matter hereof, and Lessor and Lessee hereby acknowledge that they are not relying on any representation or promise of the other, or of any agency or cooperating agent, except as may be expressly set forth in this Lease. 16.10. Whenever herein the singular number is used, the same shall include the plural, and vice versa, and words of any gender shall include each other gender. 16.11. Lessor hereby grants to Lessee a right of first refusal and option to purchase the Lessor's Property in accordance with the terms of this Section 16.11, and fully subject to all statutory requirements requiring Lessor to obtain bids prior to sale of the property. Provided that Lessee is not then in default hereunder, upon receipt by Lessor of an acceptable, bona fide Page 7 of 13 written offer from a third party to purchase the Lessor's Property, as evidenced by a written contract encompassing all of the terms and conditions pertaining thereto (the "Third Parry Contract "), Lessor shall provide written notice thereof to Lessee, together with a copy of the Third Party Contract (collectively, the "Notice "). Within fifteen (15) business days following Lessee's receipt of the Notice, Lessee may elect to exercise its right of first refusal and option to purchase the Lessor's Property upon the same terms and conditions set forth in the Third Party Contract by delivering written notice thereof to Lessor, accompanied by a written contract containing the identical terms and conditions as the Third Party Contract (the "Lessee's Contract "). In the event that Lessee timely exercises its right of first refusal and option to purchase the Lessor's Property as aforesaid, Lessor shall execute the Lessee's Contract, and Lessor and Lessee shall proceed to closing thereunder, and Lessor shall convey title to the Lessor's Property to Lessee by general warranty deed, subject only to the Permitted Exceptions, provided that the parties shall enter into a mutual termination of this Lease. If, for any reason, Lessee does not timely and properly exercise its right of first refusal and option to purchase the Lessor's Property, as aforesaid, or thereafter fails to timely consummate the closing thereunder, for any reason other than due to Lessor's default under the Lessee's Contract, Lessee shall be deemed to have waived its right of first refusal and option to purchase the Lessor's Property; provided, however, that in the event Lessee fails to timely and properly exercise its right of first refusal with respect to a particular Third Party Contract, but the closing thereunder is not consummated, Lessee's right of first refusal shall apply to the next Third Party Contract. EXECUTED by Lessor on this day of June, 2007. LESSOR: CITY OF OWASSO an Oklahoma Municipal Corporation ATTEST: City Clerk Stephen Cataudella, Mayor Page 8of13 EXECUTED by Lessee on this day of June, 2007. LESSEE: KOURTIS REALTY LTD., CO. Pete Kourtis, Manager Page 9 of 13 STATE OF OKLAHOMA ) ss. COUNTY OF TULSA ) Before me, the undersigned, a Notary Public, in and for said County and State, on this day of June, 2007, personally appeared Stephen Cataudella, Mayor of the City of Owasso, to me proved to be the identical person who executed the within and foregoing instrument, and acknowledged to me that he executed the same as his free and voluntary act and deed in his capacity as Mayor of said municipal corporation, for the uses and purposes herein set forth. IN WITNESS WHEREOF, I hereunto set my official signature and affixed my notarial seal the day and year last above written. Notary Public My Commission Expires: STATE OF OKLAHOMA ) ss. COUNTY OF TULSA ) Before me, the undersigned, a Notary Public, in and for said County and State, on this day of June, 2007, personally appeared Pete Kourtis, Manager of Kourtis Realty Ltd., Co., to me proved to be the identical person who executed the within and foregoing instrument, and acknowledged to me that he executed the same as his free and voluntary act and deed and as the free and voluntary act and deed of said corporation for the uses and purposes herein set forth. IN WITNESS WHEREOF, I hereunto set my official signature and affixed my notarial seal the day and year last above written. My Commission Expires: Notary Public Page 10 of 13 EXHIBIT "A" Legal Description [To be attached] Page 11 of 13 EXHIBIT `B" Permitted Exceptions Building lines and utility easements as shown on Plat for Ator Heights Third Addition to the City of Owasso, Tulsa County, State of Oklahoma. 2. Terms, conditions, provisions and easements of Right of Way Easement to Public Service Company of Oklahoma shown at page 92 of the abstract as shown in document dated March 1, 1956, and filed March 6, 1956, in Book 2663 at Page 561; as modified by Partial Release of Easement at page 93 of the abstract as shown in document dated January 23, 1973, filed January 24, 1973 in Book 4053 at Page 87. 3. Terms, conditions, provisions and easements of Dedication Deed at page 116 of the abstract to State of Oklahoma for Public Highway as shown in document dated March 30, 1959 and filed May 19, 1959, in Book 2966 at Page 510. 4. Terms, conditions, provisions and easements of Right of Way Agreement to Oklahoma Natural Gas Company shown at page 118 of the abstract as shown in document dated June 18, 1959, and filed July 6, 1959, in Book 2979 at Page 379. 5. Terms, conditions, provisions and easements of Right of Way Easement to City of Owasso shown at page 119 of the abstract as shown in document dated January 21, 1965, and filed January 22, 1965, in Book 3536 at Page 358. 6. Terms, conditions, provisions and easements of Dedication Deed at page 121 of the abstract to County of Tulsa for Public Highway as shown in document dated February 20, 1967 and filed February 20, 1967, in Book 3798 at Page 307. 7. Terms, conditions, provisions and easements of Right of Way Easement to Public Service Company of Oklahoma shown at page 137 of the abstract as shown in document dated May 11, 1967, and filed May 31, 1967, in Book 3808 at Page 679. 8. Terms, conditions, provisions, and dedications described in Quit Claim Deed at page 144 of the abstract to Town of Owasso as shown in document dated November 27, 1970 and filed December 15, 1970, in Book 3949 at Page 1411. Page 12 of 13 9. Terms, conditions, provisions and easements of Right of Way Agreement to Oklahoma Natural Gas Company shown at page 146 of the abstract as shown in document dated January 20, 1975, and filed January 27, 1975, in Book 4151 at Page 1648. 10. Terms, conditions, provisions and easements of Assignment of Leases, at page 415 of the abstract, dated December 22, 1995, and filed January 19, 1996, in Book 5776 at Page 1225. 11. Covenants, conditions, restrictions, easements, setback lines and limits of no access contained in Deed of Dedication for Ator Heights Third Addition, shown on page 148 of the abstract, dated July 21, 1972, and filed July 21, 1972, in Plat No. 3309; as modified by Amendment at page 155 of the abstract, dated August 16, 1972, and filed September 6, 1972, in Book 4933 at Page 1055; as modified by Amendment to Deed of Dedication at page 157 of the abstract, dated March 29, 1973, file April 19, 1973, in Book 4064 at Page 1948. 12. Covenants, conditions, restrictions, easements, setback lines and limits of no access contained in Amendment to Plat and Deed of Dedication for Ator Heights Third Addition, at page 166 of the abstract, dated August 19, 1975, and filed February 17, 1976, in Book 4202 at Page 2434. 13. Covenants, conditions, restrictions, easements, setback lines and limits of no access contained in Declaration of Condominium Ownership (Lot 2), at page 231 of the abstract, dated May 18, 1983, and filed May 26, 1983, in Book 4694 at Page 339; as amended by Amendment of Declaration of Condominium at page 241 of the abstract, dated October 11, 1985, file October 18, 1985, in Book 4900 at Page 49. Page 13 of 13 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JULIE TROUT LOMBARDI CITY ATTORNEY SUBJECT: ORDINANCES REGARDING PREVENTION OF YOUTH ACCESS TO TOBACCO AND SMOKING IN IDENTIFIED PUBLIC PLACES DATE: July 10, 2007 BACKGROUND Employees of the Tulsa County Health Department met with Staff several weeks ago to provide information regarding various initiatives that have been launched to address both the health risks caused by exposure to secondhand smoke and a nationwide increase in the number of juveniles who are not only smoking but doing so at increasingly younger ages. The Health Department personnel, who have all been appointed to an anti- smoking task force named "Match Project," provided Staff with materials detailing legislative measures which have been taken by states, including Oklahoma, and by various municipalities, both inside and outside of Oklahoma to combat these problems. Specifically, the task force presented information regarding two legislative courses of action that these governmental entities have employed. The first measure is intended to decrease, and ultimately prevent, smoking by underage juveniles through the limitation of their exposure and access to tobacco products. The second measure is targeted at reducing and preventing exposure to secondhand smoke in the workplace and other indoor public locations. Both the issue of preventing youth access to tobacco and prohibiting smoking indoors in public places have been addressed by the Oklahoma Legislature and State statutes have been enacted which are aimed at providing protection for the public from these serious and often fatal health risks. The prototype ordinances provided to Staff by the task force are largely identical to the State statutes adopted by the Oklahoma Legislature. Even though these issues have already been targeted for resolution by passage of remedial legislation on the State level, the task force is urging all municipalities to likewise adopt supporting local ordinances. By doing so, cities and towns will increase the State law's efficiency and effectiveness in a number of ways. First, if an arrest is made under the State law, the offender must be transported to the county jail, thereby consuming more of the police officer's time and the City's expense for the booking process. Unfortunately, given that both money and manpower are in short supply in the majority of district attorney's offices, the offense very well may ultimately be dismissed and the offender not prosecuted. Enforcement of this municipal ordinance, as drafted, would allow police officers to issue citations for violations of these laws rather than arrest the offender. Preliminary national statistics indicate that police officers are much more likely to enforce this law if the option of issuing a citation rather than making an arrest is available. Enactment of a local ordinance which buttresses the State law by preventing indoor smoking in public places and workplaces, and prohibiting juvenile access to tobacco products sends a clear message to the community that the City is fully supportive of the state statutes and intends to rigorously enforce those laws. Only with support and commitment of this type on the local level can these laws by made fully effective and their intended goals accomplished. DISCUSSION OF ORDINANCES A. Chapter 9, Part 10, Sections 10 -901 through 10 -911 entitled "Youth Access to Tobacco" This collective ordinance adds an additional chapter entitled "Youth Access to Tobacco" comprised of eleven individual (11) ordinances to Part 10, "Offenses and Crimes," of the City of Owasso Code of Ordinances. Each individual ordinance contained in this chapter is designed to strengthen the City's ability to prohibit juveniles from accessing and using tobacco products and to penalize adults who sell or provide tobacco products to juveniles. This chapter does this in a number of ways by: 1. Making it unlawful for an adult to furnish, give or sell tobacco products to a minor; 2. Providing an escalating schedule of punishment for offenders, beginning with fines and ultimately resulting in suspension of their business license to sell tobacco products if the offender is a business; 3. Making it unlawful for a minor to purchase, accept or receive tobacco products in any manner enforced by an escalating schedule of punishment from fines to suspension of the offending juvenile's driver's license; 4. Requiring businesses selling tobacco products to conspicuously post signs stating that the business does not sell tobacco products to underage individuals; 5. Requiring education regarding the unlawfulness of making tobacco sales to minors to be provided to every retail store employee engaged in the sale of tobacco products; 6. Limiting juvenile access to vending machines containing tobacco products; 7. Prohibiting distribution of tobacco product samples to juveniles; 8. Prohibiting the sale of cigarettes in packaging other than the original, sealed packages in which they were placed by the manufacturer; 9. Preventing public access to tobacco products in a retail store in any manner that allows direct access to the product by the customer without assistance from a store employee, and, 10. Making it unlawful to provide any device or material used in the smoking or chewing of tobacco products to a minor. Enactment of this chapter provides much more comprehensive enforcement of all aspects of the laws seeking to prevent and penalize access to tobacco products by juveniles. The City's previous ordinance addressing this issue, Section 10 -419, afforded significantly less ability to the City's Police Department and Municipal Court to enforce the law and reach the targeted goal of reducing the number of minors using tobacco products. To avoid duplication in the law, Section 10 -419 is repealed by this comprehensive ordinance. X B. Section 10 -912 entitled "Smoking in Certain Public Places Prohibited" This ordinance seeks to reduce the public's exposure to secondhand smoke and thereby reduce the attendant health risks associated with secondhand smoke. To achieve that goal, the ordinance prohibits smoking in any indoor place that is open to or used by the public, public transportation and any indoor workplace, with certain narrow exemptions enumerated within the body of the ordinance. This ordinance, with slight variations, has been enacted by a number of State legislatures and municipal bodies throughout the country, and has successfully withstood all legal challenges to date. RECOMMENDATION The staff intends to recommend City Council approval of the attached ordinances at the July 17, 2007 Council meeting. ATTACHMENTS 1. Proposed ordinance enacting Chapter 9, Part 10, Sections 10 -901 through 10 -911 entitled "Youth Access to Tobacco" 2. Proposed ordinance enacting Section 10 -912 entitled "Smoking in Certain Public Places Prohibited" 3 CITY OF OWASSO, OKLAHOMA PROPOSED ORDINANCE AN ORDINANCE RELATING TO PART 10, OFFENSES AND CRIMES, CHAPTER 9, YOUTH ACCESS TO TOBACCO, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY REPEALING SECTION 10 -419 AND CREATING CHAPTER 9 ENTITLED "YOUTH ACCESS TO TOBACCO" AND ESTABLISHING WHAT CONDUCT IS UNLAWFUL AND THE PENALTIES THAT MAY BE IMPOSED. THIS ORDINANCE AMENDS PART 10 OF THE CITY OF THE OWASSO CODE OF ORDINANCES BY REPEALING CHAPTER 4, SECTION 10 -419, AND BY CREATING CHAPTER 9 OF PART 10, SECTIONS 10 -901 THROUGH 10 -911. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT: SECTION ONE (1): Part 10, Offenses and Crimes, Chapter 9, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended by providing and codifying as follows: SECTION TWO (2): SECTION 10 -901 TOBACCO TO MINORS - DEFINITIONS As used in this section: 1. "Person" means any individual, firm, fiduciary, partnership, corporation, trust, or association, however formed; 2. "Proof of age" means a driver license, license for identification only, or other generally accepted means of identification that describes the individual as eighteen (18) years of age or older and contains a photograph or other likeness of the individual and appears on its face to be valid; 3. "Sample" means a tobacco product distributed to members of the public at no cost for the purpose of promoting the product; 4. "Sampling" means the distribution of samples to members of the public in a public place; 5. "Tobacco product" means any product that contains tobacco and is intended for human consumption; 6. "Transaction scan" means the process by which a seller checks, by means of a transaction scan device, the validity of a driver license or other government- issued photo identification; and 7. "Transaction scan device" means any commercial device or combination of devices used at a point of sale or entry that is capable of deciphering in an electronically readable format the information encoded on the magnetic strip or bar code of a driver license or other government- issued photo identification. SECTION THREE (3): SECTION 10 -902 FURNISHING, GIVING OR SALE OF TOBACCO PRODUCTS TO MINORS A. It is unlawful for any person to sell, give or furnish in any manner any tobacco product to another person who is under eighteen (18) years of age, or to purchase in any manner a tobacco product on behalf of any such person. Provided, however, that it shall not be unlawful for an employee under eighteen (18) years of age to handle tobacco products when required in the performance of the employee's duties. B. A person engaged in the sale or distribution of tobacco products shall demand proof of age from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that the prospective purchaser might be less than eighteen (18) years of age. If an individual engaged in the sale or distribution of tobacco products has demanded proof of age from a prospective purchaser or recipient who is not less than eighteen (18) years of age, the failure to subsequently require proof of age shall not constitute a violation of subsection B of this section. 1. When a person violates subsection A or B of this section, he or she shall be guilty of an offense and, upon conviction, shall be punished by a fine as follows: a. Not more than One Hundred Dollars ($100.00) for the first offense, b. Not more than Two Hundred Dollars ($200.00) for the second offense within a two -year period following the first offense, C. Not more than Three Hundred Dollars ($300.00) for a third offense within a two -year period following the first offense. In addition to any other penalty, the store's license to sell tobacco products may be suspended for a period not exceeding thirty (30) days, or d. Not more than Three Hundred Dollars ($300.00) for a fourth or subsequent offense within a two -year period following the first offense. In addition to any other penalty, the store's license to sell tobacco products may be suspended for a period not exceeding sixty (60) days. 2. Pursuant to State law, when it has been determined by a municipal court that a penalty shall include a license suspension, the ABLE Commission will notify the Oklahoma Tax Commission, and the Tax Commission will suspend the store's license to sell tobacco products at the location where the offense occurred for the period of time prescribed by the ABLE Commission. 3. Proof that the defendant demanded, was shown, and reasonably relied upon proof of age 2 shall be a defense to any action brought pursuant to this section. A person cited for violating this section shall be deemed to have reasonably relied upon proof of age, and such person shall not be found guilty of such violation, if such person proves that: a. The individual who purchased or received the tobacco product presented a driver license or other government- issued photo identification purporting to establish that such individual was eighteen (18) years of age or older, and b. The person cited for the violation confirmed the validity of the driver license or other government- issued photo identification presented by such individual by performing a transaction scan by means of a transaction scan device. Provided, that this defense shall not relieve from liability any person cited for a violation of this section if such person failed to exercise reasonable diligence to determine whether the physical description and picture appearing on the driver license or other government- issued photo identification was that of the individual who presented it. The availability of the defense described in this subsection does not affect the availability of any other defense under any other provision of law. D. If the sale is made by an employee of the owner of a store at which tobacco products are sold at retail, the employee shall be guilty of the violation and shall be subject to the fine. Each violation by any employee of an owner of a store licensed to sell tobacco products shall be deemed a violation against the owner for purposes of a license suspension pursuant to subsection C of this section. An owner of a store licensed to sell tobacco products shall not be deemed in violation of this section for any acts constituting a violation by any person, when the violation occurs prior to actual employment of the person by the store owner or the violation occurs at a location other than the owner's retail store. For purposes of determining the liability of a person controlling franchises or business operations in multiple locations, for any violations of subsection A or B of this section, each individual franchise or business location shall be deemed a separate entity. E. 1. Upon failure of the employee to pay the fine within ninety (90) days of the day of the assessment of such fine, the Municipal Court clerk shall notify the Department of Public Safety and the Department will, pursuant to State law, suspend or not issue a driver's license to the employee until proof of payment has been furnished to the Department of Public Safety. 2. Upon failure of a storeowner to pay the administrative fine within ninety (90) days of the assessment of the fine, the clerk of the municipal court shall notify the Oklahoma Tax Commission and the Tax Commission shall suspend the store's license to sell tobacco products until proof of payment has been furnished to the Oklahoma Tax Commission. SECTION FOUR (4): SECTION 10 -903 RECEIPT OF TOBACCO PRODUCTS BY A MINOR A. It is unlawful for a person who is less than eighteen (18) years of age to purchase, receive or accept receipt of, or have in their possession, a tobacco product, or to present or offer to any person any purported proof of age which is false or fraudulent, or not actually his or her own, for the purpose of purchasing or receiving any tobacco product. Provided, however, it shall not be unlawful for such a person an employee who is less than eighteen (18) years of age to handle such tobacco products when required in the performance of such person's the employee's duties. B. When a person violates subsection A of this section he or she shall be guilty of an offense and, upon conviction, shall be punished by a fine of: 1. Not to exceed One Hundred Dollars ($100.00) for a first offense; and 2. Not to exceed Two Hundred Dollars ($200.00) for a second or subsequent offense within a one -year period following the first offense. Upon failure of the individual to pay such the fine within ninety (90) days of the day of such the fine, the Municipal Court clerk shall notify the Department of Public Safety and, by operation of State law, the Department shall suspend or not issue a driver license to the individual until proof of payment has been furnished to the Department of Public Safety. SECTION FIVE (5): SECTION 10 -904 PROPER SIGNAGE REOUIRED A. Every person who sells or displays tobacco products at retail shall post conspicuously and keep so posted at the place of business a sign, as specified by the Alcoholic Beverage Laws Enforcement (ABLE) Commission, stating the following: "IT'S THE LAW. WE DO NOT SELL TOBACCO PRODUCTS TO PERSONS UNDER 18 YEARS OF AGE ". The sign shall also provide the toll -free number operated by the Alcoholic Beverage Laws Enforcement (ABLE) Commission for the purpose of reporting violations of the Prevention of Youth Access to Tobacco Act. B. When a person violates subsection A of this section he or she shall be guilty of an offense and upon conviction shall be punished by a fine of not more than Fifty Dollars ($50.00) for each day a violation occurs. Each day a violation is continuing shall constitute a separate offense. The notice required by subsection A of this section shall be the only notice required to be posted or maintained in any store that sells tobacco products at retail. SECTION SIX (6): SECTION 10 -905 NOTICE TO RETAIL EMPLOYEES A. Every person engaged in the business of selling tobacco products at retail store shall notify each individual employed by that person as a retail sales clerk that state and local law: 1. Prohibits the sale or distribution of tobacco products to any person under eighteen (18) years of age and the purchase or receipt of tobacco products by any person under eighteen (18) years of age; and 2. Requires that proof of age be demanded from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that the prospective purchaser or recipient may be less than eighteen (18) years of age. B. This notice shall be provided before the individual commences work as a retail sales clerk. The individual shall signify that he or she has received the requisite notice by reading and signing a notice stating the following: "I understand that state law prohibits the sale or distribution of tobacco products to persons less than eighteen (18) years of age and out -of- package sales, and requires proof of age of purchaser or recipient if an ordinary person would conclude on the basis of appearance that the prospective purchaser or recipient may be under eighteen (18) years of age. I promise, as a condition of my employment, to obey the law. I understand that violations by me may be punishable by fines, suspension or non - issuance of my driver license. In addition, I understand that violations by me may subject the storeowner to fines or license suspension." SECTION SEVEN (7): SECTION 10 -906 LIMITED ACCESS TO VENDING MACHINES It shall be unlawful for any person to sell tobacco products through a vending machine unless the vending machine is located: 1. In areas of factories, businesses, offices or other places that are not open to the public; and 2. In places that are open to the public, but to which persons under eighteen (18) years of age are not admitted. SECTION EIGHT (8): SECTION 10 -907 DISTRIBUTION OF TOBACCO PRODUCT SAMPLES A. It shall be unlawful for any person or retailer to distribute tobacco products or product samples to any person under eighteen (18) years of age. B. No person shall distribute tobacco products or product samples in or on any public street, sidewalk, or park that is within three hundred (3 00) feet of any playground, school, or other facility when the facility is being used primarily by persons under eighteen (18) years of age. C. When a person violates any provision of subsection A or B of this section, he or she shall be guilty of an offense and, upon conviction, shall be punished by a fine of: 1. Not more than One Hundred Dollars ($100.00) for the first offense; 2. Not more than Two Hundred Dollars ($200.00) for the second offense; and 3. Not more than Three Hundred Dollars ($300.00) for a third or subsequent offense. D. Upon failure of any individual to pay an administrative fine within ninety (90) days of the assessment of such fine, the Municipal Court clerk shall notify the Department of Public Safety, and the Department, pursuant to State law, shall suspend or not issue a driver's license to the individual until proof of payment has been furnished to the Department of Public Safety. SECTION NINE (9): SECTION 10 -908 SALE OF TOBACCO PRODUCTS EXCEPT IN ORIGINAL SEALED PACKAGE A. It is unlawful for any person to sell cigarettes except in the original, sealed package in which they were placed by the manufacturer. B. When a person violates subsection A of this section, the Municipal Court clerk shall assess such person an administrative fine of not more than Two Hundred Dollars ($200.00) for each offense. SECTION TEN (10): SECTION 10 -909 NO PUBLIC ACCESS OF TOBACCO A. It is unlawful for any person or retail store to display or offer for sale tobacco products in any manner that allows public access to the tobacco product without assistance from the person displaying the tobacco product or an employee or the owner of the store. The provisions of this subsection shall not apply to retail stores which do not admit into the store persons under eighteen (18) years of age. B. When a person violates subsection A of this section he or she shall be guilty of an offense and, upon conviction, shall be punished by a fine of not more than Two Hundred Dollars ($200.00) for each offense. SECTION ELEVEN (11): SECTION 10 -910 RESTRICTIONS ON MANNER OF ENFORCEMENT 6 A. Any conviction for a violation of any section within this chapter and any negative results from compliance checks performed by a police officer pursuant to subsection C of this section shall be reported in writing to the ABLE Commission within thirty (30) days of such conviction or compliance check. Such reports shall be compiled in the manner prescribed by the ABLE Commission. B. For the purpose of determining second or subsequent violations, both the offenses penalized by the ABLE Commission as administrative fines and the offenses penalized the municipality and reported to the ABLE Commission shall be considered together in such determination. C. Persons under eighteen (18) years of age may be enlisted by the City to assist in conducting compliance checks and enforcement; provided, such persons may be used to test compliance only if written parental consent has been provided and the testing is conducted under the direct supervision of the ABLE Commission or conducted by another law enforcement agency if such agency has given written notice to the ABLE Commission in the manner prescribed by the ABLE Commission. This subsection shall not apply to the use of persons under eighteen (18) years of age to test compliance if the test is being conducted by or on behalf of a retailer of cigarettes, as defined in Section 301 of Title 68 of the Oklahoma Statutes, at any location the retailer of cigarettes is authorized to sell cigarettes. Use of persons under eighteen (18) years of age to test compliance shall be unlawful and punishable by assessment of an administrative fine of One Hundred Dollars ($100.00). SECTION TWELVE (12): SECTION 10 -911 TRANSFER OF ANY MATERIAL OR DEVICE USED IN SMOKING, CHEWING OR CONSUMPTION OF TOBACCO TO MINORS PROHIBITED — ADMINISTRATIVE FINE FOR VIOLATIONS A. It is unlawful for any person to sell, give or furnish in any manner to another person who is under eighteen (18) years of age any material or device used in the smoking, chewing, or other method of consumption of tobacco, including cigarette papers, pipes, holders of smoking materials of all types, and other items designed primarily for the smoking or ingestion of tobacco products. B. When a person violates subsection A of this section, an administrative fine of not more than One Hundred Dollars ($100.00) for each offense may be imposed upon the person.. SECTION THIRTEEN (13): INCREASE OF FINES; FEE SCHEDULE All fines set forth within this ordinance may be increased, to the extent allowed by state law, by resolution. It is not necessary to amend this ordinance each time the municipality deems it timely to increase fines and fees. A resolution may be adopted by the City Council and filed accordingly. The Chief of Police shall maintain a current schedule of all fees allowed under this chapter in the Police Department. Section 10 -419 is hereby repealed because the regulations, prohibitions and fines governing the purchase and use of tobacco by juveniles that are set forth in section 10 -419 are more fully addressed in the newly created code provisions of part 10, chapter 9. Section 10 -419 conflicts with the provisions of Chapter 9 and must be eliminated from the Code of Ordinances upon adoption of the sections of Chapter 9. SECTION FOURTEEN (14): REPEAL OF SECTION 10 -419, TOBACCO TO MINORS Section 10 -419 of the City of Owasso Code of Ordinances is hereby repealed because the regulations, prohibitions and fines governing the purchase and use of tobacco by juveniles that are set forth in section 10 -419 are more fully addressed in the newly created code provisions of part 10, chapter 9. Section 10 -419 conflicts with the provisions of Chapter 9 and must be eliminated from the Code of Ordinances upon adoption of the sections of Chapter 9. SECTION FIFTEEN (15): SEVERABILITY 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 SIXTEEN (16): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION SEVENTEEN (17): CODIFICATION The City of Owasso Code of Ordinances is hereby amended by creating Chapter 9 entitled "Youth Access to Tobacco" to be codified in Part 10, Chapter 9, as sections 10 -901 through 10 -911. The Code is also amended by the repeal of section 10 -419 of Part 10, Chapter 4. SECTION EIGHTEEN (18): REPEALER All ordinances, or parts of ordinances, in conflict with this newly created chapter are hereby repealed to the extent of the conflict only. PASSED by the City Council of the City of Owasso, Oklahoma on the day of 2007. ATTEST: 8 Stephen Cataudella, Mayor Sherry Bishop, City Clerk (SEAL) APPROVED as to form and legality this day of , 2007. Julie Lombardi City Attorney CITY OF OWASS09 OKLAHOMA PROPOSED ORDINANCE AN ORDINANCE RELATING TO PART 10, OFFENSES AND CRIMES, CHAPTER 9, YOUTH ACCESS TO TOBACCO, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY PROHIBITING SMOKING IN CERTAIN PUBLIC PLACES AND INDOOR WORKPLACES; PENALTIES FOR VIOLATIONS. THIS ORDINANCE AMENDS PART 10 OF THE CITY OF THE OWASSO CODE OF ORDINANCES BY CREATING SECTION 10 -912, SMOKING IN CERTAIN PUBLIC PLACES PROHIBITED. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT: SECTION ONE (1): Part 10, Offenses and Crimes, Chapter 9, Youth Access to Tobacco of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended by providing and codifying as follows: SECTION TWO (2): SECTION 10 -912 SMOKING IN CERTAIN PUBLIC PLACES PROHIBITED A. The possession of lighted tobacco in any form is a public nuisance and dangerous to public health and is hereby prohibited when such possession is in any indoor place used by or open to the public, public transportation, or any indoor workplace, except where specifically allowed by law. As used in this section, "indoor workplace" means any indoor place of employment or employment -type service for, or at the request of, another individual or individuals, or any public or private entity, whether part-time or full -time and whether for compensation or not. Such services shall include, without limitation, any service performed by an owner, employee, independent contractor, agent, partner, proprietor, manager, officer, director, apprentice, trainee, associate, servant, or volunteer. An indoor workplace includes work areas, employee lounges, restrooms, conference rooms, classrooms, employee cafeterias, hallways, any other spaces used or visited by employees, and all space between a floor and ceiling that is predominantly or totally enclosed by walls or windows, regardless of doors, doorways, open or closed windows, stairways, or the like. The provisions of this section shall apply to such indoor workplace at any given time, whether or not work is being performed. B. The restrictions provided in this section shall not apply to stand -alone bars, stand -alone taverns, and cigar bars as defined by Oklahoma State law in 63 O.S.2001, § 1 -1522. C. The restrictions provided in this section shall not apply to the following: 1. The room or rooms where licensed charitable bingo games are being operated, but only during the hours of operation of such games; 2. Up to twenty -five percent (25 %) of the guest rooms at a hotel or other lodging establishment; 3. Retail tobacco stores predominantly engaged in the sale of tobacco products and accessories and in which the sale of other products is merely incidental and in which no food or beverage is sold or served for consumption on the premises; 4. Workplaces where only the owner or operator of the workplace, or the immediate family of the owner or operator, performs any work in the workplace, and the workplace has only incidental public access. "Incidental public access" means that a place of business has only an occasional person, who is not an employee, present at the business to transact business or make a delivery. It does not include businesses that depend on walk -in customers for any part of their business. 5. Workplaces occupied exclusively by one or more smokers, if the workplace has only incidental public access; 6. Private offices occupied exclusively by one or more smokers; 7. Workplaces within private residences, except that smoking shall not be allowed inside any private residence that is used as a licensed child care facility during hours of operation; 8. Medical research or treatment centers, if smoking is integral to the research or treatment; 9. A facility operated by a post or organization of past or present members of the Armed Forces of the United States which is exempt from taxation pursuant to Section 501 (c)(8), 501 (c)(10), or 501 (c)(19) of the Internal Revenue Code, 26 U.S.C., Section 501 (c)(8), 501 (c)(10), or 501 (c)(19), when such facility is utilized exclusively by its members and their families and for the conduct of post or organization nonprofit operations, except during an event or activity which is open to the public; and 10. Any outdoor seating area of a restaurant; provided, smoking shall not be allowed within fifteen (15) feet of any exterior public doorway or any air intake of a restaurant. D. An employer not otherwise restricted from doing so may elect to provide smoking rooms where no work is performed except for cleaning and maintenance during the time the room is not in use for smoking, provided each smoking room is fully enclosed and exhausted directly to the outside in such a manner that no smoke can drift or circulate into a nonsmoking area. No exhaust from a smoking room shall be located within fifteen (15) feet of any entrance, exit, or air intake. E. If smoking is to be permitted in any space exempted in subsections B or C of this section or in a smoking room pursuant to subsection D of this section, such smoking space must either occupy the entire enclosed indoor space or, if it shares the enclosed space with any nonsmoking areas, the smoking space shall be fully enclosed, exhausted directly to the outside with no air from the smoking space circulated to any nonsmoking area, and under negative air pressure so that no smoke can drift or circulate into nonsmoking area when a door to an adjacent nonsmoking area is opened. Air from the smoking room shall not be exhausted within fifteen (15) feet of any entrance, exit, or air intake. Any employer may choose a more restrictive smoking policy, including being totally smoke free. F. Restaurants shall be totally nonsmoking or may provide nonsmoking areas and designated smoking rooms. Food and beverage may be served in such designated smoking rooms, which shall be in a location which is fully enclosed, directly exhausted to the outside, under negative air pressure so smoke cannot escape when a door is opened, and no air is re- circulated to nonsmoking areas of the building. No exhaust from such room shall be located within twenty -five (25) feet of any entrance, exit, or air intake. Such room shall be subject to verification for compliance with the provisions of this subsection by the Oklahoma State Department of Health. G. The person who owns or operates a place where smoking or tobacco use is prohibited by law shall be responsible for posting a sign or decal, at least four (4) inches by two (2) inches in size, at each entrance of the building indicating that the place is smoke -free or tobacco -free. H. Responsibility for posting signs or decals shall be as follows: 1. In privately owned facilities, the owner or lessee, if lessee is in possession of the facilities, shall be responsible; 2. In corporately owned facilities, the manager and/or supervisor of the facility involved shall be responsible; and 3. In publicly owned facilities, the manager and /or supervisor of the facility shall be responsible. I. Any person who knowingly violates this section is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than TEN DOLLARS ($10.00) nor more than ONE HUNDRED DOLLARS ($100.00), excluding costs, fees, and assessments. SECTION THREE (3): REPEALER All ordinances, or parts of ordinances, in conflict with this amended ordinance are hereby repealed to the extent of the conflict only. SECTION FOUR (4): SEVERABILITY 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 FIVE (5): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION SIX (6): CODIFICATION The City of Owasso Code of Ordinances is hereby amended by creating Chapter 9 entitled "Youth Access to Tobacco" to be codified in Part 10, Chapter 9, as section 10 -912, Smoking in Certain Public Places Prohibited. PASSED by the City Council of the City of Owasso, Oklahoma on the day of , 2007. Stephen Cataudella, Mayor ATTEST: Sherry Bishop, City Clerk (SEAL) APPROVED as to form and legality this day of , 2007. Julie Lombardi City Attorney MEMORANDUM TO: THE HONORABLE MAYOR & CITY COUNCIL CITY OF OWASSO FROM: MICHELE DEMPSTER Tfl�� HUMAN RESOURCE DIRECTOR SUBJECT: CITY MANAGER EVALUATION DATE: July 2, 2007 BACKGROUND: For the last four years the city has contracted with Greenwood Performance Systems to conduct an annual performance evaluation of the City Manager. The evaluation process utilized involves the completion of an online survey with follow -up individual interviews with department directors and members of the City Council. DISCUSSION ITEMS: In previous years, the online portion of the evaluation was completed in August and September, the individual interviews were completed in October, and Greenwood presented the final report to City Council at either the November or December City Council Work Session. After last year's evaluation a comment was voiced indicating that the above schedule did not provide the City Council with evaluation results in the time frame needed to meet the requirement of a sixty day non - renewal notice, as provided for in the City Manager's contract. Issue for discussion at Tuesday's work session: • Whether Council would like to continue the current evaluation schedule, beginning the process in September with a final report to the City Council in November or December, or, • To begin the evaluation process in July with a final report to the City Council in September.