HomeMy WebLinkAbout2007.08.14_City Council Agenda_SpecialPUBLIC NOTICE OF THE MEETING OF THE
OWASSO CITY COUNCIL
TYPE OF MEETING:
DATE:
TIME:
PLACE:
Special
August 14, 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, August 10, 2007.
k�
Sherry Bis , City Clerk
AGENDA
1. Call to Order
Mayor Stephen Cataudella
2. Discussion of Community Development Items
Mr. Rooney
Attachment # 2
A. Requests for Annexation (2)
B. Requests for Rezoning (1)
C. Requests for Final Plat (2)
3. Discussion relating to Police Department Items
Mr. Rooney
Attachment #3
A. Proposed Vehicle Purchase
B. Proposed Ordinance relating to business and residential security alarms
MAgendas \Council Work Session \2007 \0814.doc
Owasso City Council
August 14, 2007
Page 2
4. Discussion relating to Public Works Department Items
Mr. Rooney
Attachment # 4
A. Review of bids received for the Three Lakes Dam Improvement Project
B. Review of bids received for the purchase of Water Meters for FY 2008
C. Review of bids received for the N. 129`h East Avenue Widening Project
D. Review of bids received for the Fire Station No. 3 Sanitary Sewer Line
E. Review of bids received for the Main Street Improvement Project
5. Discussion relating to City Manager Items
Mr. Ray
Attachment # 5
A. City Council Ward 4 vacancy
B. Update relating to the implementation of the Sungard software
C. Refuse collection pilot program
D. Staff report relating to the prohibition of keeping wolves within the city limits
E. Update and briefing relating to the Arkansas River Development
F. N. Garnett Road Regional Detention Facility Proposal (attachment included)
G. Proposed Ordinance relating to the contributing of alcohol to minors (attachment
included)
H. Pelivan Transit, a proposed demand response transportation service (attachment
included)
I. City Manager Report
6. Report from City Councilors
7. Adjournment
M: Agendas \Council Work Session\2007'0814 doc
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: CHIP MCCULLEY
CITY PLANNER
SUBJECT: ANNEXATION — (OA- 07 -04)
DATE: August 8, 2007
BACKGROUND
The City of Owasso has received a re uest from Sean Bond, for the annexation of approximately
2.18 acres, located at 13210 East 103` Street North.
EXISTING LAND USE
Undeveloped
SURROUNDING LAND USE
North: Large Lot Residential
West: Large Lot Residential
South: Large Lot Residential
East: Owasso Expressway
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 undeveloped property into the
City of Owasso.
The two undeveloped lots consisting of 2.18 acres are currently planned for residential use by the
Owasso 2015 Land Use Master Plan. With the exception of the east side of the properties that
front onto the Owasso Expressway, the area is very residential in nature. The staff's position is
that the neighborhood bordered by N. 129th E. Ave., E. 106'h St. N., and the Owasso Expressway
should have one land use. The location lends itself to commercial or office development, but the
area has already developed residentially. In order to protect the residential investments of those
who already live in the area, the staff would only be supportive of changing the land use if the
request was submitted by all the property owners at the same time. Therefore, it is the staff's
finding that a commercial or office rezoning would be detrimental to the surrounding area at this
time.
Before the city publishes and mails public notice of the annexation hearing, the city must 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 must be made a part of the city's capital improvements plan, and
the plan must be implemented within 120 months (10 years).
The annexation request 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 phone calls in opposition or inquiring about the request.
ANNEXATION COMMITTEE:
The Owasso Annexation Committee reviewed the request at its meeting on July 25, 2007. At
that meeting, the committee unanimously recommended approval of the annexation.
RECOMMENDATION
Staff intends to recommend approval of the request for annexation at the regular meeting of the
City Council on August 21, 2007.
ATTACHMENTS:
1. General Area Map
Owasso Community
Development Department
111 N. Main St.
Owasso, OK 74055
918.376.1500
918.376.1597
www.cityofowasso.com
OA 07 -04
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: CHIP MCCULLEY
CITY PLANNER
SUBJECT: ANNEXATION — (OA- 07 -05)
DATE: August 8, 2007
BACKGROUND
The City of Owasso has received a request to review and approve the annexation and rezoning of
approximately 76.37 acres, located south of East 86`" Street North, approximately I/4 mile west of
N. Memorial.
EXISTING LAND USE
Large Lot Residential / Agriculture
SURROUNDING LAND USE
North: Large Lot Residential / Agriculture
South: Large Lot Residential / Agriculture
East: Large Lot Residential / Agriculture
West: Large Lot Residential / Agriculture
PRESENT ZONING
AG (Agriculture District) Tulsa County
DEVELOPMENT PROCESS:
The first step in the development of a piece of property in Owasso is annexation. Annexation is
the method whereby land located outside the City limits is made a part of the City. Property
owners and land developers sometimes choose to have their property annexed into Owasso in
order to receive Owasso municipal services, such as police and fire protection, refuse collection,
and sanitary sewer.
The second step in the development of a piece of property in Owasso is rezoning. In order to
develop the property, the land must be zoned for particular kinds of uses, such as residential,
office, commercial, or industrial. Rezoning decisions are made in accordance with the growth
policy displayed in the Owasso Master Plan.
The third step in the development of a piece of property in Owasso is platting. A preliminary
plat is required for any development that proposes to divide land into two or more lots.
Preliminary 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.
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 applicant is requesting to annex approximately 76.37 acres, located south of East 86h Street
North, approximately 1/a mile west of N. Memorial. It is the applicant's intent to develop the
property for residential single - family use. Therefore this application is in conjunction with a
rezoning request of RS -3 (Residential Single - Family). The preliminary plat for the property is
expected to be submitted to the Planning Commission in the near future.
Staff published legal notice of the annexation petition in the Owasso Reporter and letters of
notification were mailed to property owners within a 300' radius.
ANNEXATION COMMITTEE:
The Owasso Annexation Committee reviewed the request at its meeting on July 25, 2007. At
that meeting, the committee unanimously recommended approval of the annexation.
RECOMMENDATION
Staff intends to recommend approval of the request for annexation at the regular Council meeting
on August 21, 2007.
ATTACHMENTS:
1. General Area Map
Owasso Community
Development Department
111 N. Main St.
Owasso, OK 74055
918.376.1500
918.376.1597
www.cityofowasso.com
OA 07 -05
G W N
i l�
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: CHIP MCCULLEY
CITY PLANNER
SUBJECT: OZ 07 -05
DATE: August 7, 2007
BACKGROUND
The City of Owasso has received a request to review and approve the rezoning of Lots One (1)
and Two (2), Block Twenty -nine (29), Original Town Owasso from RS -3 (Residential) to CG
(Commercial General), located at 302 So Main Street. A general area ma p has been attached
for your review.
EXISTING LAND USE
Residential
SURROUNDING LAND USE
North: Commercial /First Bank of Owasso
South: Commercial /Industrial
East: Commercial
West: Industrial/Undeveloped
PRESENT ZONING
RS -3 (Residential)
DEVELOPMENT PROCESS:
The first step in the development of a piece of property in Owasso is annexation. Annexation is
the method whereby land located outside he City limits is made a part of the City. Property
owners and land developers sometimes c ose to have their property annexed into Owasso in
order to receive Owasso municipal services, such as police and fire protection, refuse collection,
and sanitary sewer.
The second step in the development of a piece of property in Owasso is rezoning. In order to
develop the property, the land must be zoned for particular kinds of uses, such as residential,
office, commercial, or industrial. Rezoning decisions are made in accordance with the growth
policy displayed in the Owasso Master Plan. Specific development concerns, such as drainage,
traffic, water /wastewater services, and stormwater detention are not able to be considered at the
zoning stage of the development process.
The third step in the development of a piece of property in Owasso is platting. A preliminary
plat is required for any development that proposes to divide land into two or more lots.
Preliminary plats illustrate the development concept for the property and are often modified
significantly after being reviewed by the Te hnical Advisory Committee JAC) 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.
After the preliminary plat has been reviewed by the City and various utility companies,
construction plans for the development's infrastructure are typically submitted. These plans
include specifications and drawings for stormwater drainage, streets and grading and erosion
control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of
other agencies, such as the Department of Environmental Quality for wastewater collection and
the US Army Corps of Engineers for properties that may be development sensitive.
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 to rezone 2 lots located directly south of First Bank of Owasso at 302
South Main Street, from RS -3 (Residential) to CG (Commercial General). The request is
consistent with the Owasso Land Use Master Plan as it calls for commercial and industrial
development in the area. Letters were mailed to surrounding property owners and the legal
advertisement was published in the Owasso Reporter. Any new construction or expansion will be
required to follow the guidelines set forth by the Owasso zoning code and will require site plan
approval and a building permit.
PLANNING COMMISSION
The Owasso Planning Commission will consider the application at a public hearing scheduled
for August 13, 2007.
RECOMMENDATION
Staff intends to recommend approval of OZ 07 -05.
ATTACHMENTS:
1. General Area Map
W 1 AV 5
W 2 AVE S
FIRST
BANK
W 3 AVE S
Cn
z
W 4 AVE S
/ I
L I AV t J
E 3 AVE S w
ub,j- (n
-r -op-
rty-
m
E 4 AVE S
u
Owasso Community N
Development Department
111 N. Main OZ U7 -05 w E
Owasso, OK 7400 55
918.376.1500
918.376.1597
www.cityofowasso.com S
V
�
w
o
O
U
CD
O
V)
0
u
Owasso Community N
Development Department
111 N. Main OZ U7 -05 w E
Owasso, OK 7400 55
918.376.1500
918.376.1597
www.cityofowasso.com S
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: CHIP MCCULLEY
CITY PLANNER
SUBJECT: FINAL PLAT (Tyann Plaza X)
DATE: August 8, 2007
BACKGROUND:
Kellogg Engineering has submitted a request to review and approve a preliminary plat proposing
ten commercial and office lots on 13.69 acres located on the east side of the Owasso Expressway,
just north of the Three Lakes III addition. A general area map is attached for your review.
EXISTING LAND USE:
Existing property is undeveloped.
SURROUNDING LAND USE:
North: Developing as Southern Agriculture, Aldi, & All American Fitness
South: Three Lakes subdivision
East: Smith Elementary School
West: Owasso Expressway, Smith Farm Marketplace
PRESENT ZONING:
CS (Commercial Shopping District) & OM (Office Medium)
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 10 commercial and office lots on
13.69 acres. The Preliminary 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.
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. There is already 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 July 25, 2007 regular
meeting. At that meeting, utility providers, as well as staff, were afforded the opportunity to
comment on the plat and request any additions and/or concerns. The following TAC
recommendations were addressed:
1. Applicant must confirm legal of Final Plat
2. Applicant must include 150' limits of no access on Lot 7 Block 1
PLANNING COMMISSION
The Owasso Planning Commission will consider the application at a public hearing scheduled for
August 13, 2007.
RECOMMENDATION:
Staff intends to recommend approval of the Final Plat subject to the above conditions.
ATTACHMENTS:
1. Case Map
2. Site Drawing
Subject'
Proper
0 00
AICE
ED
J- — ----
Owasso Community
Development Department
1 1 1 N. Main St.
Owasso, OK 74055
918.376.1500
918.376.1597
www.cltyofowasso.com
in
Q.
-VI
VII
Final Plat
Tyann Plaza X
472
A I
a— o' M-1-
CTTNN RESTRICTIONS
m m 7x—M w-
F-1--T 110-7
OWNER I DEVELOPER:
TYANN DEVELOPMENT CO., INC.
PO BOX 397
OWASSO' OK 74055
(918) 274-0517
SURVEYOR:
D. GOSS & ASSOCIATES, LLC
I P.O. BOX 216
COLUNSMLLE, OK 74021
Certificate (o9fl82u371-7750
thorization No. 3932
Renewal Dote: June 30, 2008
ENGINEER
KELLOGG ENGINEERING, INC.
6755 SOUTH 4060 ROAD
TALALA, OKLAHOMA 74080
Certificate (.9flI12.275-4080
tho,izotion No. 2788
Renewal Date; June 30, 2008
V,
K
BLOCK I
R 14 E
T
20 21
N
L BEH ST. N.
SISIpN 2a
TULSA COUNTY
LOCATION MAP
SCALE: I'-2000•
4
Im.
,,z
FINAL PLAT
TYANN PLAZA X
A PART OF THE NORTHEAST QUARTER (NE/4) AND THE NORTHWEST QUARTER (NW/4)
OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 14 EAST
AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA
8 LOTS IN I BLOCK
13.69 ACRE TRACT
ZONED: CS, CG, & OM
1. 14
IV
MAZd N
TYANN PLIU M
\x 'Inm MAZI zr
17AM MAIM
m=j iwm J
45,
MR* AM r
BENCHMARK:
FW
C-1
Y
Vi
m
SITE MAP
N.T.S.
E�F
m
FINAL PLAT
TYANN PLAZA X
JULY 2. 2007
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: CHIP MCCULLEY
CITY PLANNER
SUBJECT: FINAL PLAT (Villas at Preston Lakes)
DATE: August 8, 2007
BACKGROUND:
Case & Associates has submitted an application to the Planning Commission for approval of a
final plat for the Villas at Preston Lakes, located 'A mile north of East 86th Street North just east
of North 145th East Avenue. The applicant wishes to create one multi - family lot on
approximately 11. 17 acres. A general area map is attached.
EXISTING LAND USE:
Undeveloped
SURROUNDING LAND USE:
North: Preston Lakes Phase I
South: The Vine
East: Preston Lakes Phase I
West: Preston Lakes Offices
PRESENT ZONING:
OPUD #15/Residential Multi- Family
DEVELOPMENT PROCESS:
The four primary steps in the development
annexation, zoning, platting, and site planning.
of commercial property in Owasso include
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 a multi - family development on 11.17
acres. The subject property is located within the Preston Lakes PUD and zoned for residential
multi - family. Since this is a one lot development there is no preliminary plat required.
In a regional context, this proposed addition is in conformance with the Owasso 2015 Land Use
Master Plan as the area is forecasted for residential development. The proposed final plat
satisfactorily meets the requirements established in the Owasso Zoning Code. The development
will be served by water and sewer by the City of Owasso. Utility easements are established
throughout the proposed addition so as to adequately accommodate utility services.
TECHNICAL ADVISORY COMMITTEE:
The Owasso Technical Advisory Committee will review the final plat July 25, 2007. At that
meeting, utility providers, as well as staff, were afforded the opportunity to comment on the plat
and request any additions and/or concerns. No concerns were addressed.
PLANNING COMMISSION
The Owasso Planning Commission will consider the application at a public hearing scheduled for
August 13, 2007.
RECOMMENDATION:
Staff intends to recommend approval of the Final Plat.
ATTACHMENTS:
1. Case Map
2. Final Plat
Owasso Community
Development Department
1 1 1 N. Main St.
Owasso, OK 74055
918.376.1500
918.376.1597
www.cityofowasso.com
90th STN
Final Plat
Villas at Preston Lakes
N
S
90 S7
4
LO
9r
89th ST N
E 88th. -To
PL x.._
E 88th PL
Subject
ST 14
Property
Owasso Community
Development Department
1 1 1 N. Main St.
Owasso, OK 74055
918.376.1500
918.376.1597
www.cityofowasso.com
90th STN
Final Plat
Villas at Preston Lakes
N
S
90 S7
PRlELIMINARY PLAT
THE VILLAS AT PRESTON
LAKES
✓. �.�
/ ./
�i Illll'
ul ii i
I1y14 Ij A'�
,.. 'Ir "
I n
A PART OF THE SW /4 OF SECTION 22, TOWNSHIP 21 NORTH,
RANGE 14 EAST, CITY OF OWASSO, ROGERS COUNTY, OKLAHOMA
i
A PART OF OPUD -15
it
Y
1
i,S
OWNER
THE VILLAS AT PRESTON LAKES, LP
1
i
1`
it
N
war
4200 E SKELLV DRIVE. STE 800 Turwm
R 14 E
F. BB7/J StAFF7 NUPrro
I
TULSA, OKLAHOMA 74135
1
1
PHONE: (918) 492 -1983 N�K
wllaw
M FARAM
-- - -L -_
naFOl
woae
ENGINEER /SURVEYOR
IwEEx
Ewa■
W E
TUTTLE & ASSOCIATES, INC. :
,m1o122
T
N1
9718 E. 55TH PL. aEPTrrE
EAIae
TULSA, OKLAHOMA 74146
e
PHONE- (918) 663 =5567
CERTIFICATE OF AUTHORITY CA 465
f. BB7H SrPEE/ .....
S T
EXPIRATION 6 -30 -09
LOCATION MAP
525a37
II
II Il
1�
I II
LA? - - -- I
I
-tl
I / ,
I I
1 , ,
)
I 1 11
'
I '
SI ' I
<I 1 t '
88 1
SQUARE F
II
EET
xHa w rtE1 12.07 ACRES
P Iln• ` I LOT
It
I �° li {1 I 1 17 PI 1 11 I! I II 1 ' I Ij RI I I
C �__ I I liI -I____
F� ` 1: I I
I .l 1! !II1 I, 14 lit
-�f-
.. r --
- -- — —
(;a1+Irz,
.'' i Il 3q '�iI � �' // / ��1' �✓`��' 1111 � _ --L
/ h I ,' wrvEEY � II • I k '•w, �� ew I / A/ \,,,w,,F',,. �1y �4 _ _ �r
.yy
vlf I I11(
I it '
✓. �.�
/ ./
�i Illll'
ul ii i
I1y14 Ij A'�
,.. 'Ir "
I n
i
it
Y
1
i,S
1
i
1`
it
f
I
I
I
1
1
I T
1
�;
-- - -L -_
- - - -- --------
- - --
1
raPlNArar cwa
`
___1__: ;�.6i1: • +.row...lr. ELI' 11 / / / L /
I• �
I ` UNPLATTED';I
/
/
I\4 ----- - ------------ °------- ' °--- --- ------_ '' girl 1 � ^e•
V /; IF Al
i \ASSISTED n (If 1 �
t i LIVING ii iii ' �. :' ♦�' -
�i L\\aNTER
U t
i'' I I //
, 1
IL,, I I / f
i 1� .xwwrN. I l 11 n I
w -
-
LEG- —I-
A
ETdNII, ary a OWASSSO, POSERS c Nf , }srAP ago (A ol"�iA, uaRE P�eRiian,sw)LV ocscxiei° AS FaE°n
D-wr: ` "
m[N¢ Nn n aVrm� Yk;i,�, Cm.,m..';i n3.ea Nw In . PPInk
M
TECf ENCE X IN AeaTW' EW. a rt t«a al .SOW few le a PPMk
Hwtn ObTaO' w„I. a eltmu n1 I]1.0. 1n,1 to N. PONr OI BEGNNMG:
MENCF Nwtn ObYm• 117,1, a Mlm« el 50.00 t «t to a P.A'l:
MACE Hwln 89aY.O• fow. a ?,(once oT 161..b 1 «e lP o pWk
MENQ Nstn Ia1Cl l• w..E o «sn W Hu} I«1 tea «mt
M[NCF NVIN ID� }'10' [e.L P el I)6.19 1 «l V a Pon'k
LEGEND Tw1Q wm esaP'Ie f Qa,M. el wa.]e 1meP. PH T:
MENCE Sw IN ' A«I, a 4t «« W Se.}e 1«t t wnl
MMTf SoulN }e]SM• wnA n xhlo«, el }aa,]4 1 «t to a peHk
N NORTH MEIIC, _N }rm•]R• w.x1. , eoIPM. nr xs.e° I «I I. a P,x,F.
n.wcien laso•or M•,', eT eeernl «i�m.oP1°OHnik
S SOUTH MMQ satN eoar.r w «l. = NHt «.. w IEA.T) r «I le eN. PoNr Q eEaEwINC <Pnl.".,q ues]T ,w..
E EAST '•° °• "'T �••••
W WEST 1 HEREBY CERTIFY MAT I W FAMILIAR WTH THE ADOPTED
WINANCES AND REGULATIONS OF THE a)Y 6 OSASBO GOVERNING
B,L. BUILDING LINE SUR\EYTNO MD MAT ME FOILOWHG PLANS CWT 8WNDARY
SORYEYS 1WICH CLOSE TO THE POINT K RE0N IHG 1110 CWPLY E CITY U/E UTILITY EASEMENT THE BEST a I %ROWING MfOwNA 0' TMID BELIEF, OWASSo TO
L.N.A. LIMITS OF NO ACCESS
If-IV STREET ADDRESS
1 RFa
wrcPwrom- oa -}aor
JEFFREY A. TUTU
¢RTEIUTE
AS ME.
ff— le , , rw1EbG4Mp11A 4! niE; I
,E— QMaf1 MAT AS PI ILL ZEAL ESTATE
I TES wYOLYeT w 1H5 FIAT, KL 91M
TAIES A. BEEN PA0 AS REl1FCTE0 ev ME
wWNIDT ., S III .-S 1. CEN
Rp_ M ME
u T 1io IN.T
AS NL ~PEO °TO YE IA¢S .1
AS A�aJENRRK A!E K nqf 10 6E CMSaNEO
.1 IS b4EN
IN KwDER AT MS PLA 1111
11. K RECORn
[xQFO ME S sEI Q ME
gcwrv�"LDfT ° °osT. aNHS snAu
TLLSA COUNTY TREASxIEA
NOTES OEPOIY
HEAL RAT
'Pt'IG\TE IT APPIVPKAL
11KIIQY EITIVY THAT MS RAT SAS
SY M OWEN"CaeKL ON
4AYGR-wf2 IAA S
nwA —y- ' �D10°is°a'Eer ANK
an
I. ADDRESS SHOWN ON THIS PLAT WERE ACCURATE AT THE TIME THIS PLAT WAS FILED;
ADDRESS ARE SUBJECT TO CHANGE AND SHOULD NEVER BE RELIED ON IN PLACE OF LEGAL
DESCRIPTIONS.
2 BASIS FOR BEARINGS IS WEST LINE OF SECTION ASSUMED NOO'02'20•W.
3. MIS PLAT MEETS THE OKLAHOMA MINIMUM STANDARD FOR THE PRACTICE OF LAND
SURVEYING AS ADOPTED BY THE OKLAHOMA STATE BOARD OF REGISTRATION FOR
PROFESSIONAL ENGINEERS AND LAND SURVEYORS,
4. THE CITY OF OWASSO IS NOT RESPONSIBLE FOR THE PANNG NOR IrS REPAIR DUE TO
WATERLINE MAINTENANCE.
CERTIFICATE OF DEDICATION
FOR
THE VILLAS AT PRESTON LAKES
KNOW ALL MEN BY THESE PRESENTS
MAt. THE VILLAS AT PRESTON LAKES, LP, BEING THC 0W IN TEE 514PLE O REAL ESTATE AND PRAASES sN ,D IN THE Ora' OF OWASSO. ROAMS COUNTY, STATE OF ONLMIOMA, AND DESCRIBED AS FOLLOWS:
A TRACT OF LAND W THE SW /4 OF SECTION 22. TOWNS." 21 NORM, RANGE 14 EAST OF THE INDIAN BASE AND MERIDIAN. CITY a OWASSO. ROGERS COUNTY, STALE OF OKLAHOMA MORE PARTICULARLY DESCRIBED AS FOLLOWS. TO -WT:
COMMENCING al me SOUI.Neat Cm r d Sale SW /4:
THENCE N"' 092'20' Waal, o Malpnca of 170.60 feel to
THENCE NsN 69'Sr40' Eml, 0 1 15000 Heet la P -'
THENCE NOr1. 08 '.' WeM, a balance el 151.91 1-1 le .e POINT OF BEONNNO,
;HENCE Na l. OBT20' VNAI, a el of 5000 teal IP
N p pdnl:
(HENCE aIT IT . 993TA0' EI.L a SNIT PI 161- IINH le a POAL
THENCE Nb 1010'IO- Weal If 114.62 feel le a Pohl:
THENCE I,_ MM'15' Em1. o ?nlonce d 2)6.19 feel le a point:
THENCE Ncrl. 69'59';6' EOH. 0 Si - of 612.19 Neet I. o pPN1;
THENCE Sou. On0'09' WAm. a NilTSrce of SW26 Nel le o P-1
THENCE Soot. 261726' W.I. o of la..31 tee a PINH:
THENCE Sml. Ir2O09' Wefl, a Aalance RI 201190 feet le R Pa.(: L. ,HENCE Sm. 6939'Sr Wal, o d W," le
THENCE Norm 10TID'OT Wffl ..-ce OI 6667 leelelI. a „Pe P,
ENCE Sari. 995r1r W.I. a E I"" a1 66.1) eel la 1 NI CX EIE6NNINL cmlalnNg x0660; aware 1111 a II.1J a<rAv
HAVE CAUSED ME DESCRIBED REAUIY TO BE SIRA—L STAKED, AND mAITED. AND HAS DESIGNATED TIE SAME AS 'NE —AS AT PREBTW LANES', AN ADDITION TO THE 011 OF OWASSO ROGERS COUNTY, STALE OF OKLAHOMA.
THE NUAS AI PFU STON LANES 1, DOES HEREBY DEDICATE FOR PUBLIC USE ALL THE STREETS AS SNOWRN ON ME ATTACHED PLAT AND DOES HERE6'r .APANTEE CLEAR RILE i0 ALL THE Lµ0 THAT IS SO DEDICATE AND NO YFWCULM INGRESS SHALL BE
PERMITTED OVER, NA.-, R ACROSS MT PROPERTY OR AREA DESIGNATED ON TIE ATTACHE. RAT AS LN.A (LIWTS OF NO ACCESS), WHICH WAY BE MODIFIED, AMENDED, OR REVISED WIN THE APPROVAL OF ME ROGERS CGIJNTT ENGINEER, OR ITS SUCCESSORS,
AND iNE CITY 6 OWASSO PLANNING COMWSSW.
THE VILLAS AT PRESTON LANES IL LP. TO DOES FURTHER DEDICATE FOR PIUNIC USE FAIENCE. CT EASEMENTS AND RXiNi -OF-WAY AS SHOWN FOR THE %VERAL PURPOSES OF CONSTRUCDNG, MAINTANING OPERATING REPAIRING, RWONNG AND REPLACING ANY
AND ALL PUBLIC NOUTES INCLUDING STORM AND SAMTMY SEWERS. COMMUNICATION ONES, ELECTRIC POWfR LIES AND TRANSFORMER£ GAS LINES ANO *AIR LAKES, lOGEMER WM ALL 1T;TINCS AND EORPNEHT FOR EAON O SUCH fACRITIES NCIUDING ME
POLE£ WORE£ CONOUIi£ NPES VALVE£ MEETS A1A OINFR APRNITENANCCS ME FTO WM THE RIGNT DF INfRE55 MO OGRESS 10 SAID EASE4EN 15 A1ID RIGHT -W -WAY iR THE USES AND PRPOSES AFOHUENT TOGE THER WITH SIMILAR TR& N EACH AND ALL
Ci ME STPFETS SH01W W SAID RAT, NIOVIpEO, NOWEV6H, THAT THE OWNERS HER RESERVE THE RIWT i0 CONSTRUCT, 4MNTAN, OPCRAIE, LAY ANO RELAY WATER µ0 SEWER LINES TOGETHER WTH THE RIGHT W INRE55 µ0 CRESS 10. OKP ACROSS AM
ALONG ALL STRIPS DF Lµ0 MCLLIDEO WTMN THE EASEMENTS SHOWN W THE PLAT, BOTH FOR ME NRNISHING OF WATER AND /R SEWER SERVICES TO ME ARE INCLUDED N SAID PLAT AEA 10 ANY DARER AREAS
NOW. MEPEFORE, THE VILLAS AT PRESTON LAKES, . HE WT THE OWNER O ALL TE PROPERTY NRSN ABOVE DESCRIBED, FOR THE PURPOSES OF PxOADING FOR ME OROERLY DEWLWWIII OF THE —AS AT PRESTON LAKES AND FOR FINE PURPOSE OF
MSRNG ADEOUAt[ COVENANTS MAID RESTRICTIONS FOR THE 4UNA BENt'NT O ilE VILLAS AT PRESTON LAKCS. LP, ICS SUCCESSORS AND ASSIGNS. AND ME 0TY OF OWASSO, OKLAHOMA DOES HEREBY IMPOSE UPON ME PROPERTY WAIN -ME NLLAS AT
PRESTON LAKES' AS "'Al" MOVE GESCRIDEO THE FOLLOWNG COVENMIS AM RESTi.CDMS WHICH SHALL RUN WM THE LAND MYG WHICH SHALL BE ENFORCEABLE BY THE OWNER OR OWNERS OF All, PROPERTY WAIN 'THE NLLAS Al PRESTON LAKES' OR PART
DI EOF AM ME OTY OF OWASW. TO Wt.
I. WIN N THE NLLAS OF PRESTON LANES THE FOLLOWING DEVELOPMENT STANDARDS AND RESTRICTIONS ALL APPIn
(A) ALL LOTS WN RE RESERVED FOR MULTIFAMILY RESIDENTIAL PURPOSES AND CONFORM TO OPIA - IS
(B) NO BUSINESS ApF. OR ACIINIY SHALL BE CMRNEO ON UPON A LOT IN TARS ADOnOI. NO NOXIOUS OR OFFENSIVE ACDNTY SHALL BE CARRIED ON UPON ANY LOT, NOR 'SHALL ANYTHING BE
DONE THEREON W1-NOf WAY BECOME AND ANNOYANCE OR A NUISANCE TO THE NEIGHBORHOOD.
2, IN CONNECDON WTH THE NSTALLATTEIN OF UNOfRGROUNO ELECTRIC, NATURAL GAS. AND COMMUNICATION SERVICES THE VILLAS AT PRESTON LANES IS SUBJECT t0 THE FGLLDA M PRONSONS, to-or:
(A) OKRNCM PME LINES FOR THE SUPPLY OF ELECMC SEANCE MAY BE LOCATED KONG ME WE61 PERMEIER. STREET LIWT POLES OR STANDARDS MAT BE SERVED BY )AERGROUND CABLE
AND ELSEWNERE THROUGHOUT SAA AGDI TIGN ALL SUPPLY LIKES MAY BE LOCAMO UNOEFG`KUNq IN THE EASEMENTS FMS WD FOR GENERA UTEITY SERVICES AND SME[1£ SHOW(R MF
AT TARm PLAT, "dRNCE PEOESiAlS AND TFM9ORNERS, AS SOURCES OF SUPPLY AT MCWOARY VOLTAGES WAY ALSO BE LOCATED IN SAID EASMwi -WAYS.
(B) EXCEPT TO BUrtDMGS w LOTS DESCRIBED IN PARAGRAPH (A) ADDYF, WNION MAY BE SAVED FROM OVERHEAD ELECTRIC SERVICE LINES. UfHOERROUNp SEANCE CABLES. GAS LIES AND METERS
to ALL LOTS IN 540 ARITION WAY BE RR FRAM TIRE NEAREST PEDESTAL TRASFORWER OR PONT O SINCE TO ME PONT OF USACE OETERMIIIED RY THE LOCATNN AND CONSTRUCTION O
GAS. SUCH BUWDMGS A$ NT BL TAM C UPON EACH SAO LOT: PROVAED MAT UPON ME INSIAUAIIGN O SUCH A SERNfE CMLE, MErfR OF pEOULA1R 1D A PARTCl6.1R BLU CONS ME ION OF Ell COVENNC FIVE (WSJ FOOT STRIP EXIRANGA 2.5 FEET w E 90E ONION SERVICES. EXTENDING EXTEND( G RON TUH�E %RNCEM PEDESTAL OR TRANSFORMER UOR POINT OF' CORNECDw WENT
p M�gRNCE t
ENTRANCE ON BAN BUILDING
(<) AS SUPPUEA OF ELECTRC. NATURAL GAS AND COMMUNICADW SEANCES THNWON ITS MOI R AGENTS AM EMPLOYEES SHALL AT ALL TIMES HAVE ME RIGHT OF ACCESS TO ALL gJR
EASEywT -NAYS SHOWN ON SAE( PUT, OR PRONOEO FOR IN THE DEED OF DEDIUTIOM FOR TOME PURPOSE OF NSTALNG WANIANWG REMOVING OR REPLACING ANY PORTION OF SAID
UNOERORpUNO ELECTRIC, NATURAL CAS, µD COMWUNICATIR SERVICES W INSTALLED BY IT.
lD) DINE OWNER OF EAw LOT SHALL PROVIDE GATEWAY ACCESS 10 ELECTRIC, NATURAL GAS AND LING FGHS SEANCES AND SHALL SE NEW""" FOR M[ PROIECTIw OR THE UMOERROUNO
COMUNO I C NN AND CLEC1.0 fACILIRfS LOCATED ON WS PROPERTY µ0 SHALL PREVENT THE ALTERATION OF GRAPE OR MY CW`RUC11W ACTIATV WINCH NAY NTERFEPE WM SAID UN[EP-
)URA GIRIG NATURAL GAS ANO CW4UWCATIGN SERVICE£ BUT THE OWNER WILL PAY OR DAMAGE OR RuOCADGN OF SUCH AOLIDES CAUSED OR NECESSITATED BY AC15 OF THE OWNER W
5 AGENTS R CONTACTORS
(E) THE iOREGONG COVENANTS GO FINING UOF EACH ULO ELECTRIC, NA-RK GAS. µ0 COMMUNICATION SERVICES SHALL BE ENIFREEAFAE BY ME SUPPLIER OF ELECTRIC, NATURAL GAS AND
COMMUNICATION SEANCES AND ME OWNER Di EACH LOT AREES TO BE BOUND HEREBY,
S. IN CONNECDON WM THE PROVISION OF WATER AM SANITARY SEWER SINCE, ME NLLAS AT PRESTON LIKES IS SUBJECT 10 THE fnLOWING PRONSIW£ lO -WT
(A) E%QS OWNER EE in FEET ROW ME RIGNAR CONTOURS R NY COHSTRUGTONACTN WHICH WAY INTEERFERE *IN SAID PUBLIC WATER AMAINS AND/OR PUBLIC SANITARY ISEWER FRAOUNES SAID
A TERATION W RIDE RESMCDGNS SINALL BE LOAMD TO EASEWEIIT AREAS.
(B) THE OF Y OF OWASSO OR ITS SUCCESSORS WILL BE RESPWEIRLE FOR ORDINARY MANRNMGE R PUBLIC WRIER MANS MO PUBLIC SMITARY SEWER FMILME£ BUT THE OWNER WILL PAT FOR
DAMAGE OR RELOCATION R SLR FAMM%S CAUSED OR NECESSITATED BY ACTS Or ME OWNER OR HIS AGENTS OR CRTRACTRS.
(C) ME CITY OF OWASSO OR ITS SUCCESSORS N"C IR ITS PROPER AGENTS ANO EMPLOYEES SHALL AT AL TIMES HAZE FRONT OF ACCESS WM THERE EOXPMENT 10 AL SLR EASEMEIIT -WAYS
SHOWN 011 SAO RAT, R PRONOED WAN MIS DEED OF ITNCATIGN FOR THE PuRPGSE OF NSTALNG MAINTAINING. RE40NNG OR REPLACING ANY PRTIW O W UNDERGROUND WATER AND
SEWER FA TURFS.
(D) DINE OWNER SHALL BE RESPONSIBLE FOR REPAIR AND REPLAQMENT OF ANY LANDSCAPE AND PANIC N ME EVENT N IS NECESSARY TO REPAIR ME WAER MAIN.
(E) ME FOREGOING COVENANTS CONCERNING WATER AND SEWER FAOLIDES SHALL BE ENFORCEABLE BY ME CITY OF OWASSO R ITS SUCCESSORS AND ME OWNER AGREES TO BE BOUND HEREBY.
(F) THE OWNER Of EAIR LOT SNAIL RE RESPONSIBLE FOR ME REPAIR AND RERACFNENT W µY LANDSCAPING AND PAVING LOCATED WAIN THE UTAIry EASEMENTS AND GN HIS LOT 111 lNN[ EVENT
1T IS NECESSARY TO REPAIR MY UNOERROUND WATER R SEWfT IAN£ ELECTN G NATURAL GAS. CABLE TELEVISION OR TELEPHONE SERVICE
ENFORCEMENT, CUTFAnW, AND SEVERABLUTY
A, ENFORCEMENT:
NE PESTNCTIRS HEREON SET FRM ME COVENANTS 10 RUN WIN ME LAND AM SHALL BE BINDING RIPON THE OWNER, TEEM SIIGQSSOP AND ASSIGNS AND ALL PATES CLAIWMO UN(XP MDI IF ;NE UNOERgWED OWNER OR THEIR SUCCESSORS OR ASSIGNS
91AL YIfAAE ANY O IM COVENANTS HEREIN. IT SHALL BE LAWFUL FOR MY PERSONS OWNING µY LOT SITUATE WTENN THE SUBONSIW R THE CI1Y O OWASSO, TO MAINTAIN µY ACnW AT LAW R W COMITY AGAINST THE PERSON R PERSONS NOAIMG
R ATTEMPLING 10 VIOLATE MY %GN COVENANT, TO PREVENT Wy OR NEW ROW SO DOING OR TO COMPEL COMPLIANCE WIN IS" COVENANTS TH CO RECOVER DAMAGES FDA AN MYACTION
E. DURAnow
MESS COVENANTS W— REMAIN W FULL FORCE AND EFFECT UN, _A. MA CONTINUED N REATMA FOR SUCEES.A PRIDES OF TEN (10) TEARS EAGER, UNLESS TERMINATED OR AMENDED AS HEREIN PRONDFD.
SEC TONS I AND 2 MAY BE AMENDED FROM TIME TD DUE BT CONSENT OF TE APPLICABLE UTILITY COMPANY AND /R THE .11 OF OWASSO AM THE GAINED WTH ME CONSENT EP THE OWASSO PLANTIN6 COMMISSION AND THE CITY OF OWASSO W MEW
SUCCESSORS R AS OTHEAWSE PROVIDED BY LAW,
C SEVRABAITY:
N THE EN.NI. TIE NLLAS AT PRESTON LANE£ W. R AVIV R ITS SUCCESSORS. GRANTEE£ LESSEES OR 469015. R µv PERSON CLA4NG UNDER TIfM, SNAIL NOTAE R BREAUI µY R THE LOVENMiS 4x0 RES;mC0W5 -Ti-IRA x HEMN W WHPROVEp
HEREBY, ARY PERSR R PRSOK OWNING A LOI OR PARCEL WTHw TIE NLLAS AI PRESTON ONES ME 0TY GE OWASSq WLMWA, 91ALL HAVE FINE RIO1T TO MANTAN AN ACIHON AT LAW R W EOIIY AGANSi ME PERSON PF6CWIS ATTMPIING TO
NOTATE MY OF
SUCH COVwµiS R PESMICTW TO PREVENT NOLATW R i0 RECOVER OMA(ZS FR I11E NOLAIKN TERECf, MVAIOATIW GE MY GE ME COVEN411i5 W gESDNCII(k15 SEi fOp1N HEREIN BY JJDCNENT R ER CTIN SHALL NOT AFFECT
THE VAMRIY a ANY COVENMT R WES1NCnGN "Cl, STALL RE4AN N Nu iOPC.0 AND FFTE[i.
IN WMESS WHEREOF: THE NLLAS AT PRESTON LAKES LP. HAS CAUSED ITS NAME TO BE AFFIXED, THIS DATE
THE NLLAS AT PRESTR LAKES, LP
IIWGE CASE. MAMAdIG PARTNER — ______
cauNrr W TULSA )
55
STATE OF OH—GMA )
BEFORE ME THE ROERgGNEp, A NpTMY PUBLIC IN AND FOR SAD COUNTY AND STATE, w DNS _____DAY OF_____, 20__� pERSONALIY APPEARED NNE CA%, TO WE KNOWN TO BE THE
DENTICAL PE,, WHO SRSC.9E0 ME NAMES OF THE RAKERS THEREOF TO LINE FOREGOING INSTRUIIwI AA ACANOWLEDGm TO NE MIT NE EXECUTED THE SAME AS HIS FREE µ0 VOLUNTARY ACl
AND DEED ANp AS THE FIEF AND VOWHTART ACT AND OECD OF SUON CWPAN` FOR THE USES AND "POSES THEREIN SET FORM.
OVEN URAEq NY NAND MA GAL TIE DAY AND YEAR LAST MOVE WRITTEN. '
NY COMIAISSAN ELNIRES
CERTIFICATE OF DEDICATION
JEFFREY ' REPRESENTS O! OF SFID SURRVREyBY RRDFY NAT I KAY[ CMfNLLV AND ACCURATELY 9JRVEYED. STAKED ANO PLAilET1 TIHE AEON. I)ESRIBEp TRACT. AND THE ACCONANTMO RAT 15 A TRUE AND CORRECT
DIALED TARS ___ DAY OR
JEFR
FEY A TuTTE,
REO6TERE0 PRRESBONAL ENGINEER Am
LAND SLAWYR
COUNTY GO TULSA J
STATE OF OKLAHOMA ) 55
BEFORE ME T. UMERg(aNEO. A NOtARr PUBLIC IN µ0 FR SAID COUNTY AND STATE. CN Dn5 ___DAY Of_____ pCR501NALL Y APPEARED EiFpEY A TITTLE. 10 MC KNOWN TO 8E
ME IDENTICAL PERSONS WHO g185R1BED ME NAMES O NNE WAXERS THEREOF 10 1HE FOREGOING MS OUMwi MO ACI)OWLEDGEO 10 ME MAT NE EXEQIIEO 111E SAME AS WS FREE ANp VOL(WTMT
ACT ARD DEED AND AS ME TREE AND VOLRIMY ACT MA DEED OT BLUR CWPMY FOR THE USES µ0 PURPOSES 1NEREN SET FORM.
GIVEN UNDER MY HAND MID SEAL THE DAY AND YEAR LAST MOVE W IRE ,
NY CWW1S.- EXPIRES:
'- -- Tartar Punk -- -- ---- -- ----'—
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: DAN YANCEY
CHIEF OF POLICE
SUBJECT: REQUEST TO PURCHASE SIX POLICE CRUISERS
DATE: August 8, 2007
BACKGROUND:
The FY 2007 -2008 operating budget provided funding for the purchase of six (6) police 4 -door
sedans, one of which will be assigned to the School Resource Officer Position. It is the staff's
intention to purchase two (2) of these units now and the remaining four (4) units when the 2008
models become available in the fall of 2007. The majority of the equipment needed to outfit the
approved six (6) units will be purchased at one time from a variety of vendors in order to obtain
the best pricing.
The department sought pricing from dealerships holding governmental agency contracts with the
State of Oklahoma. Several dealerships in Oklahoma honor the State contract price on the 2007
Ford Crown Victoria. The department chose United Ford of Tulsa because that vendor currently
holds the state contract and additionally United Ford has two units for immediate delivery. The
cost per vehicle is $21,008.00 which is the same price as the 2006 Crown Victoria. United Ford
is also anticipating a similar price for the 2008 model Ford Crown Victoria. Standard on these
vehicles is the three -year, 36,000 mile bumper -to- bumper warranty. If approved for purchase,
two (2) units will be delivered within a week and the remaining four (4) police vehicles will be
ordered once the pricing has been determined by state contract and should be delivered in the fall
of 2007.
REQUEST:
This request is for approval to purchase two (2) 2007 Ford Crown Victoria's now at a cost of
$21,008 each and the remaining four (4) police units for an amount not to exceed $22,000 each
upon receiving the official notification from United Ford stating the vehicles are available for
purchase and that United Ford is honoring the state bid price. If approved, the request would
allow for the purchase of a total of six (6) units from United Ford of Tulsa not to exceed
$130,016.
Police Department Vehicle Purchase
August 8, 2007
PAGE -2
FUNDING:
Adequate funding for this purchase is available within the "Capital Outlay — Vehicles" line item
of the Police Department budget (01- 201 - 54500).
RECOMMENDATION:
Staff intends to recommend Council approval and authorization to purchase two (2) 2007 Ford
Crown Victoria and four (4) 2008 Ford Crown Victoria's not to exceed a total cost $130,016
from United Ford of Tulsa, Oklahoma.
ATTACHMENTS:
1. Bid from United Ford
2
AUG -01 -2007 02:22 PM UNITED FORD FLEET GREG H 918 280 6063
• IrEAV* - Q11R'2 1AST�Y �
'
ammm IDLE 1WTE,1
i
OPTIC11111111111L EQCMMCNP
;
9911 .6.6L OW 6EF2 VG EECISm
NC;
660 .zLnCT2=C AVW 0/D TIAM
sic'
T= .P235/5WU7 ALL SW 8IN
NC:
190 C911P11Y /IOM CUVIJLM
175.00
rlU111T AM "" FLOOR 1076
'
14T T7 MR PAM N //EPVLAI Ln1X
290,00
61A DAM MIS 6ID11 SPOT LAW
100100
83H tNDI51R 80"IMSOWN OM STEM
96;00
8 CIMPX f�li6 /CLOTR RXU =3
65f00-
96A ALL 9M)l6IDE X p0 InTaS.I.Ea
30100
990 l.GQa10 au CAP
10:00
NVCL- DLI. ACCT. ADO. CR.
"
TOTAL OrYrim
575'00
T07AL V1m;CLI 6 OPTIMM 96176 :00
DMITEMIDP 6 IALMfY
600 00
"
:S�W 'k 1-4:n o'VLA\t�." C.
kt., C,-r TOTAL F+aa VEiiIC'LE 26375100
C�07p -0 (0 - �0 - L06
�-aA ---tlEr
� 1i�.ca7
,Ilk
05 a.6. a1AL rm cza m
!rl"T DMICE FLEET OKI= (E6AJ
&BIPPDIO WZI0AT 7994 W.
TOTAL
Sfb-rL�r� r
L� w�,...c st► r� Jl,ck s
MSS O t4- A-XCL 4_
3t c V° IS &Z CAAPL-T ti O-W— VA A4
4L L4 Lo 10 act. oo � ..wst&.,%co
il�-- n n a 1.0 • c tZ� GAS UkP ( I. ac 4"4C.
4 . nr-) S . 00
P.02
4
tT�— 1, \Iu 1
1 y ` U
Qc AW
Business Preferred Network
esue GIRVIC6 FINANOG
UNITED FORD FLEET CENTER
578 N Memorial Drive, Tulsa, OK 74115
19181280-6333 phone, ext. 6137, (918) 280 -6063 fax
(918) 280 -6137 direct, 19181809.8821 tali
www.unitedtord,Com
gherring6penskeautomotive corn
Greg herring
Past Manager
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: CHIEF DAN YANCEY
SUBJECT: PROPOSED FALSE ALARM ORDINANCE
DATE: August 8, 2007
BACKGROUND
The Owasso Police Department has noted a steady increase over the past few years in alarm calls
from both businesses and residential properties. The overwhelming majority of these alarms are
false, and only a very small percentage (less than 1/2 percent) of the time expended by officers
responding to these calls is devoted to actual alarm calls. The time spent responding to false
alarm calls is not only a grossly inefficient use of the department's time and resources, but
potentially prevents officers from being available in genuine and life - threatening emergencies
because they are responding to false alarms. Additionally, officer morale is affected by the
number of false alarm calls the department receives and officer safety is potentially
compromised as well. When an officer is required to respond to several hundred business and
residential alarms that are unnecessary and unmerited, an expectation of "false alarm" and
resultant complacency are created. Clearly, the expectation by an officer that a call is simply
another false alarm, one of the thousands the department receives annually, will eventually
negatively affect the officer's vigilance and jeopardize the officer's safety. Continued tolerance
of careless alarm maintenance and use by commercial and residential users simply encourages
alarm misuse and escalates the number of false alarms. For these reasons, staff believes it is
important to examine this issue and pursue potential solutions.
The statistics showing false versus genuine alarm calls are compelling. For the twelve (12)
month period beginning June 25, 2005 and ending June 25, 2006, the police department
responded to a total of 2001 alarm calls, which were broken down by alarm type as follows:
• Business (false) —1,229
• Hold -Up (false) — 23
• Residential (false) — 747
• Genuine Alarm — 2
The response time averages were as follows:
• Business (false) — 4 minutes
• Hold -Up (false) — 3 minutes
1
Residential (false) — 6 minutes
Genuine Alarm — 2 minutes
The average time on scene for each type of call was as follows:
Business (false) — 5 minutes
Hold -Up (false) — 4 minutes
Residential (false) — 4 minutes
Genuine Alarm — 47 minutes
The above response times and time on scene calculated together resulted in the following number
of hours spent in each category of alarm call:
• Business (false) - 184.35 hours
• Hold -Up (false) — 2.68 hours
• Residential (false) — 124.50 hours
• Genuine Alarm — 1.63 hours
Of the 313.16 hours devoted by the police department to alarm calls over this twelve (12) month
period, only 1.63 hours were spent responding to genuine and valid calls. The other 311.53
hours were spent responding to false alarm calls. It should be noted that the statistics shown
above reflect the time expended by only one officer per call. The actual number of man hours is
significantly higher given that two officers are typically dispatched to each alarm call.
The staff recently formed a committee internally to exam policies and ordinances used by other
cities in an effort to produce the most effective method to examine this growing problem and to
recommend possible alternatives and solutions. Other cities have addressed this problem in a
number of ways, including education of alarm users, issuing permits for alarm use, imposing
fines for false alarm calls, suspending service and enacting ordinances requiring confirmation of
a crime in progress by the alarm company before an officer is dispatched to the call.
After extensive research and review of the problem, the staff is suggesting a change in the
current department's policy on response to alarms and a change in the ordinance that would
provide the authority to enact certain requirements upon alarm companies that operate within the
City of Owasso.
CURRENT ORDINANCE:
The current ordinance (Section 10 -609 "False Alarms ") within the City of Owasso only provides
the authority to officers to cite persons that have intentionally activated an alarm to deceive the
fire department, police department, emergency medical services, or any officer or employee
thereof with reference to any fire alarm or reported fire, accident or other emergency or
knowingly to cause the fire department, police department, emergency medical services, or its
officers or employees to make a useless or unnecessary run to any part of the city or outside the
city.
2
In addition, the ordinance provides authority to officers to cite person(s) (Section 10 -312 of the
municipal "Noise" ordinance) of residential, commercial or industrial use or operation of any
security alarm system which emits by loud speaker a noise of a duration of five (5) minutes or
longer; and if residential, commercial or industrial use or operation of any security alarm system
which by reason of inadequate or improper design or installation or the malfunction of the
security alarm system, emits by loud speaker a noise or transmits by silent alarm, under
circumstances of same constituting a false alarm, on more than three (3) occasions per calendar
month.
PROPOSED ORDINANCE AND POLICY:
In the proposed ordinance, several changes are being recommended to include: alarm
registration, an outlined response to business and residential alarms, length of audible signal,
responsibilities of the alarm owner, right to inspection, penalties that include an escalating fine
schedule and a right to suspend service.
In summary, the proposed ordinance will require that all alarm companies that operate or
conduct business within the city limits will be required to be registered with the police
department. In addition, if alarm owners/holders create more than three (3) false alarms within a
twelve (12) month period that require a police response, the alarm holder could be subject to
suspension of alarm response by police and subject to fines outlined within the proposed
ordinance. Exceptions do exist that require a response from police regardless of suspension and
they include certain types of facilities (banks, government buildings) and those alarms activated
by panic or hold up buttons.
COMMENTS:
This proposed ordinance has been reviewed by the city staff, City Attorney, Municipal Judge and
Prosecutor.
RECOMMENDATION:
It is the intent of the staff to recommend adoption of the attached Alarm Ordinance at the next
scheduled council meeting.
ATTACHMENT:
1. Proposed Alarm Ordinance
3
CITY OF OWASSO, OKLAHOMA
PROPOSED ORDINANCE
AN ORDINANCE RELATING TO PART 10, OFFENSES AND CRIMES, CHAPTER 8,
ALARMS, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA,
AMENDING SAME BY CREATING CHAPTER 8 ENTITLED "ALARMS" AND
ESTABLISHING PROCEDURES FOR THE REGISTRATION OF A POLICE ALARM
AND THE RESPONSIBILITIES IMPOSED UPON AN ALARM OWNER, AND BY
REPEALING SECTIONS 10 -312 (13) AND (14).
THIS ORDINANCE AMENDS PART 10 OF THE CITY OF THE OWASSO CODE OF
ORDINANCES BY CREATING SECTION 8, ALARMS, AND REPEALING SECTIONS 10-
312 (13) AND (14).
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA,
THAT, TO -WIT:
SECTION ONE (1): Part 10, Offenses and Crimes, Chapter 8, Alarms, 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 -801 LEGISLATIVE INTENT
The purpose of this chapter is to reduce the frequency of false alarms and to provide the Police
Department with alarm provider contact information by establishing standards and controls for
various types of alarm devices.
SECTION THREE (3):
SECTION 10 -802 DEFINITIONS
The following terms used in this chapter have the following meanings unless the context clearly
indicates otherwise:
"Alarm" means any activation of a police alarm device.
"Alarm business" or "alarm provider" means a person or company in the business of installing,
servicing, or monitoring police alarm devices at remote alarm sites owned by other persons.
"Audible alarm" means any police alarm device designed to produce an audible signal at the property
where it is installed.
"False alarm" means any alarm police respond to that is not triggered by criminal or suspicious
activity. Alarms triggered by weather, faulty equipment, human error, animals, etc. are all
considered to be false alarms for the purposes of this section.
"Police alarm device" means any device that is designed or used to signal the occurrence of a
burglary, robbery, or other criminal offense. This term does not include an alarm affixed to an
automobile.
SECTION FOUR (4):
SECTION 10 -803
ALARM REGISTRATION REQUIRED
(a) No alarm provider or monitoring service shall operate an alarm business or provide alarm service
of any type within the City without first registering the business with the Owasso Police Department
on forms provided by the Police Department. This section shall be applicable to alarm services and
monitoring services providing services to residents and businesses within the City, regardless of
where the alarm or monitoring service is located. Upon registration, the alarm provider or service
will be issued a registration number. Failure of an alarm provider or service to register with the
Police Department as required under this section and obtain a registration number, or otherwise to be
in compliance with the requirements of this section, will result in a non - response by the Police
Department to alarms from that provider until such time as proof of the provider's compliance is
provided to the Chief of Police. However, the Police Department will respond to the types of alarms
set forth in Section 10- 804(A) regardless of the alarm provider's compliance with this section:
(b) No fee shall be charged for any registration issued under this chapter.
SECTION FIVE (5):
SECTION 10 -804 RESPONSE TO BUSINESS BURGLAR ALARMS
In order for a police response to occur, alarm providers must be in compliance with all applicable
municipal ordinances and codes, and must agree and adhere to established Police Department policy.
If a company is not in compliance with said codes or policy the Police Department will suspend
response to any alarms from such provider until such time they provide proof to the Chief of Police
that they are in compliance. Officers will only respond to business burglar alarms if one of the
following conditions exists.
(a) An alarm has already been verified as being the likely result of criminal activity through
independent means such as third party response, witness verification, listening devices, video
monitoring, or multiple alarms at the same location during a single incident (i.e., exterior breach
alarm followed by an interior motion alarm).
2
(b) The central monitoring station or office of the alarm provider has attempted to verify the alarm
by contacting the alarm user or a representative of the business by making a minimum of two
separate telephone calls to numbers provided by the business prior to contacting Owasso Police
Communications. Alarm providers must be willing to confirm that multiple verification has been
attempted and be willing to provide names and telephone information to Communications if so
requested; and
(c) The alarm provider has not received a cancellation from the site of the alarm. If a cancellation is
received, no police dispatch will be requested. In the event that police have been requested and then
a cancellation is received, the alarm provider will notify police dispatch to cancel the officer
response.
(d) Any other events or circumstances that indicate a response may be needed as determined by
the Police Department. Regardless of verification, police will respond to:
1. Any facility classified as a financial or government institution.
2. Drug facilities (pharmacy, medical facilities).
3. Weapons facilities, such as gun shops or armories.
4. Facilities known to store chemicals that could be used for explosives or drug
manufacturing. Alarm companies are required to notify the Department in
writing if a facility contains said chemicals or explosives.
Facilities that contain explosives. Alarm companies are required to notify the
Department in writing if a facility contains explosives.
SECTION SIX (6):
SECTION 10 -805 RESPONSE TO RESIDENTIAL BURGLAR ALARMS
Officers will only respond to residential burglar alarms if they meet the same criteria as established
under Response to Business Burglar Alarms.
(a) Alarm providers must be registered with the Owasso Police Department as required by municipal
ordinance. Upon registration the alarm provider will receive a registration number. Failure to
register will result in non - response to alarms by police.
(b) Alarm providers must call police Communications and cancel a police response if they receive a
cancellation after a police response has already been requested.
(c) Officers will respond on all residential panic alarms that are manually activated by a person in
order to ascertain the problem.
SECTION SEVEN (7):
SECTION 10 -806
LENGTH OF AUDIBLE SIGNAL
It shall constitute a noise violation and therefore be unlawful to operate a police alarm which fails to
automatically terminate the alarm's audible signal within ten minutes from the time it is activated.
Operation of an alarm that does not automatically terminate the audible signal within ten minutes
shall also be a violation of this chapter and shall be subj ect to penalties as provided within the Police
Department's alarm procedures policy.
SECTION EIGHT (8):
SECTION 10 -807
RESPONSIBLITIES OF POLICE ALARM OWNER
No police alarm owner or user shall fail to:
(a) Inspect, maintain, and repair a police alarm device to insure its proper operation.
(b) Educate and train all employees and other persons who may in the course of their activities be in
a position to accidentally activate a police alarm device.
(c) Assure that a responsible person responds to every activation of a police alarm device within
twenty minutes after being requested to respond by the City's police communications center.
SECTION NINE (9):
SECTION 10 -808 RIGHT OF INSPECTION
The Chief of Police, or his or her designee, may inspect any police alarm device at any time to
determine whether it is being used in conformity with the provisions of this chapter.
SECTION TEN (10):
SECTION 10 -809 PENALTIES
(a) After responding to three or more false alarms at the same location, either residential or business,
in a twelve (12) month period, the Police Department will suspend response to alarms at that location
until such time that the alarm provider has provided evidence to the Chief of Police that the
circumstances causing such false alarms have been identified and rectified
(b) A fine will be imposed upon the alarm user the fourth time a false alarm is received at a location
within a twelve (12) month period, and a greater fine will be imposed upon the alarm user the fifth
within the twelve (12) month period. The alarm user shall have the maximum fine imposed for each
subsequent fine which occurs within a twelve (12) month period.
(c) The alarm user's license shall again be suspended if a false alarm occurs at the same location
within ninety (90) days of a suspension and subsequent reinstatement of alarm response by the Police
Department. Such suspension shall terminate when evidence is provided to the Chief of Police
establishing that the circumstances causing such false alarms have been identified and rectified.
(d) The schedule of fines to be imposed upon an alarm user for false alarm occurrences shall be
determined by the Municipal Court. Not to exceed four hundred ninety -nine dollars and zero cents
($499).
SECTION ELEVEN (11):
REPEAL OF SECTION 10- 312(13) AND SECTION 10- 312(14
Section 10 -312 (13) and (14) are hereby repealed because the subject matter within those sections is
addressed in Part 10, Chapter 8 as set forth above. The sections to be repealed conflict with the
provisions of Chapter 8 and must be eliminated from the Code of Ordinances upon adoption of the
sections of Chapter 8 set forth above.
The sections to be repealed read as follows:
SECTION 10 -312 NOISES
It is unlawful for any person to create any loud or unnecessary noises of such character, intensity or
duration as to be detrimental, or disturbing to the peace or disturbing to the peace, lives or health of
any individual. The following acts, among others, are determined to be loud, disturbing or
unnecessary noises in violation of this section, which enumerations shall not be deemed to be
exclusive, namely:
(13) The residential, industrial of eemmer-eial use or- oper-ation of any seeut:ity alatm systemwhieh
emits by loud speaker- a noise of a dufa4ien effiee (5) minutes of lengef;
(14) The fesidential, industrial or- eeffimer-eial use of oper-atieft Of Ftlafm system whie.h.
SECTION TWELVE (12): REPEALER
All ordinances, or parts of ordinances, in conflict with this amended ordinance are hereby repealed to
the extent of the conflict only.
5
SECTION THIRTEEN (13): 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 FOUORTEEN (14): 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 FIFTEEN (15): CODIFICATION
The City of Owasso Code of Ordinances is hereby amended by creating Chapter 8 entitled "Alarms"
to be codified in Part 10, Chapter 8, as sections 10 -801 through 10 -807. The Code is also amended
by the repeal of sections 10 -312 (13) and (14) of Part 10, Chapter 3.
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
6
MEMORANDUM
TO: HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: ANA STAGG, P.E.
PUBLIC WORKS DIRECTOR
SUBJECT: THREE LAKES III DAM IMPROVEMENT PROJECT
BID AWARD
DATE: August 6, 2007
BACKGROUND:
In accordance with the 2005 Stormwater Master Plan, the improvements relate to the enhancement of
an existing 1h -acre impoundment and related earthen embankment structure located in the Northeast 1/4
of the Southwest 1/4 of Section 20 (T21N, R14EIM) within the city limits of Owasso. Located south
and east of U.S. 169 and north and west of the intersection of East 86th Street North and North 129th
East Avenue, the project is contained within Block 5 of the Three Lakes III subdivision as recorded on
June 21, 1983.
Because of continued deterioration of both the dam and the spillway, the pond and structure were
included in the priority list of Stormwater Master Plan projects. A conceptual geotechnical study —
performed by Terracon in June of 2005 — includes recommendations for removing the old dam and
vegetation, excavating and preparing the subgrade as a foundation for the new structure and
suggestions for fill material and placement methods. Such recommendations are consistent with good
engineering design and general earthen dam construction and will serve to restore the structural
integrity of the dam and mitigate the upstream erosion and flooding problems.
To expedite the replacement of the defective dam as soon as funding is available, an allocation of
$50,000 was provided in FY 2006 -2007 Stormwater Management Fund for the performance of
Engineering Services. On August 1, 2006, Meshek and Associates submitted an Engineering Services
Agreement for the Three Lakes Dam Improvement for an amount not to exceed $45,000 for staff
review. This agreement was approved by Council during its regular session of August 15, 2006, and
was fully executed by September 13, 2006.
Preliminary drawings for the project were submitted for Public Works review on November 13, 2006.
These drawings served as a basis for a presentation made by Public Works staff and the Design
Engineer at a public meeting held at Smith Elementary School on January 29, 2007. Citizen
comments were, insofar as possible, incorporated in the design and final drawings, including a
previously designed dam breach project, were submitted on June 13, 2007, and approved on June 28,
2007.
Final bidding documents were completed in time for advertisement on July 24, 2007. A mandatory
pre -bid meeting is scheduled for Wednesday, August 15, 2007. Bids will be opened on August 24,
Three Lakes III — Pond and Dam
Bid Award
Page 2 of 2
2007. Staff intends to recommend award for Council consideration during its regularly scheduled
meeting on September 4, 2007. A Notice to Proceed can be anticipated no later than September 24,
2007. Construction contract time for this project is 210 calendar days until substantial completion and
240 calendar days in which to be completed and ready for final payment.
FUNDING SOURCE:
Funding for the project has been allocated under FY 2007 -2008 Stonnwater Management Fund, Item
No. 27- 370 -54230 -050.
RECONEMENDATIONS:
Staff intends to present a tabulation and record of the August 24, 2007, bid for this project and a
recommendation for Council approval of a Notice of Award to the successful low bidder at the
regularly scheduled Council meeting on September 4, 2007.
ATTACIEMENT:
A. Project Location Map
ATTACHMENT A
Owasso Public Works
Department
301 West 2nd Street
Owasso, OK 74055
918.272.4959
918.272.4996
www.cityofowasso.com
THREE LAKES DAM
LOCATION MAP
N
W E
S
MEMORANDUM
TO: THE HONORABLE CHAIR AND TRUSTEES
OWASSO PUBLIC WO S AUTHORITY
FROM: ROGER STEVENS
UTILITY SUPERIN DENT
SUBJECT: FY 2007 -2008 WATER METER PURCHASE
CONTRACT AWARD
DATE: August 3, 2007
BACKGROUND:
On an annual basis, the Owasso Public Works Authority purchases water meters through a
bidding process. The bulk purchase of meters has proven to be an essential savings in terms of
cash outlay. The Trustees last approved a purchase contract with Water Products of Oklahoma
on September 16, 2006; thus, a new contract bid is in need to keep prices current.
In FY 2006 -2007, work orders were processed for 350 new water meter installations and
replacements. The FY 2007 -2008 Public Works Department Water Division operating budget
includes provisions for water meters for new service installations, zero -usage replacements and
replacement of nonstandard water meters to attend to a forecasted expenditure of approximately
$60,000.
Delivery of the meters will be in partial orders over the contract period, which guarantees unit
prices for any orders placed until June 30, 2008. Orders are to be placed in quantities of no less
than ten (10) meters per order.
ADVERTISEMENT OF BIDS:
Notice to Bidders will be advertised in the Owasso Reporter on August 7 and August 14, 2007,
and mailed to five (5) potential vendors. Bid opening is scheduled on August 27, 2007, at 2:00
PM.
FUNDING SOURCE:
The FY 2007 -2008 Public Works Department Water Division budget includes funding to
purchase the needed meters.
RECOMMENDATION
Staff intends to recommend the award of a bid at the Owasso Public Works Authority's regularly
scheduled meeting on September 4, 2007, pending the receipt of acceptable bids on August 27,
2007.
ATTACHMENTS:
A. Bid Specification
111 North Main
PO Box 180
Owasso, OK 74055
MEMORANDUM
City of Owassu
TO: PROSPECTIVE BIDDERS
FROM: MARCIA BOUTWELL
CONTRACT ADMINISTRATOR
ROGER STEVENS
UTILITY SUPERINTENDENT
SUBJECT: BIDS FOR WATER METERS
DATE: August 7, 2007
ATTACHMENT A
(918) 376 -1500
FAX (918) 376 -1599
www.cityofowasso.com
The Owasso Public Works Authority is accepting sealed bids for several sizes of water meters.
Bids will be accepted until 10:00 a.m. on August 27, 2007, at which time the bids will be
publicly opened and read aloud. The BID PROPOSAL SUBMITTAL PAGE and NON -
COLLUSION BID AFFIDAVIT must be submitted.
See the enclosed bid packet for complete information. If you have questions concerning the
specifications, contact Roger Stevens, Utility Superintendent, at (918) 272 -4959.
CONTRACT DOCUMENTS
AND
BID SPECIFICATIONS
FOR
5/8" X 3/4" NEPTUNE T -10 PRO -READ USG WATER METERS
1 " NEPTUNE T -10 PRO -READ USG WATER METERS
I V2" NEPTUNE T -10 PRO -READ USG WATER METERS
2" NEPTUNE T -10 PRO -READ USG WATER METERS
August 2007
CITY OF OWASSO, OKLAHOMA
OWASSO PUBLIC WORKS AUTHORITY
CONTRACT DOCUMENTS
AND
SPECIFICATIONS FOR
5/8" X 3/4" NEPTUNE T -10 PRO -READ USG WATER METERS
I" NEPTUNE T -10 PRO -READ USG WATER METERS
1' /2" NEPTUNE T -10 PRO -READ USG WATER METERS
2" NEPTUNE T -10 PRO -READ USG WATER METERS
CITY OF OWASSO
OWASSO PUBLIC WORKS AUTHORITY
Table of Contents
Notice to Bidders
Specifications
Bid Form
Bid Affidavit
Notice of Award
Contract for Equipment
Invoice Affidavit
NOTICE TO BIDDERS
Sealed Bids will be received by the Owasso Public Works
Authority at the Owasso City Hall, 111 N Main, PO Box 180,
Owasso, Oklahoma 74055 until 10:00 a.m. on the 27`h day of
August, 2007, and then at said City Hall publicly opened and read
aloud. This will be for the furnishing of a minimum quantity of:
400 Neptune 5/8" X 3/4" T -10 Pro -Read USG Water Meters;
15 Neptune 1" T -10 Pro -Read USG Water Meters;
10 Neptune 1' /Z" T -10 Pro -Read USG Water Meters;
10 Neptune 2" T -10 Pro -Read USG Water Meters.
Further information and specification packets can be obtained by
contacting Marcia Boutwell, Contract Administrator, at the
Owasso Historical Museum or Roger Stevens, Utility
Superintendent, at the Public Works Building during regular
working hours.
Envelopes containing bids must be sealed and marked to identify
the item being bid. All bids must be submitted on the bid forms
included with the bid documents.
The Owasso Public Works Authority expressly reserves the right
to waive any informalities or minor defects or reject all bids. Any
bid received after the time and date specified shall not be
considered. All bids will be considered irrevocable offers under
conditions specified in the bid for a period of thirty (30) calendar
days from and after the date herein for the opening of bids.
Marcia Boutwell, Contract Administrator
WATER METER SPECIFICATIONS
PART 1: GENERAL DESCRIPTION
1.1 This proposal shall be for furnishing the Owasso Public Works Authority new
water meters and related materials for cold water service in non - corrosive
water for the period of July 1, 2007 through June 30, 2008. Water meters to
be furnished under this specification will be magnetic drive, permanently
sealed register, and positive displacement type meters, more specifically
described in other parts of these specifications.
PART 2: DELIVERY OF ITEMS
2.1 The quantities listed in the Bid Proposal - Submittal Page are the expected
minimum to be purchased. Additional purchases are to be provided at the
same unit cost under the terms of the specifications.
2.2 Items to be furnished under these specifications are to be delivered to the
Owasso Public Works facility (301 West Second Avenue).
2.3 Delivery is expected to be in partial orders as needed, but in quantities of not
less than 10 meters per order.
2.4 When a partial order is needed, delivery must be received within five (5)
working days from the date the order is placed.
PART 3: CONTROLLING SPECIFICATIONS
3.1 Unless stated otherwise by this standard, the water meters to be furnished will
equal or exceed the requirements of AWWA Standard C700 -90, or latest
revision, with particular reference to flow capacity, displacement pressure
loss, accuracy and physical dimensions.
3.2 The 5/8" or 5/8" x 3/4" meter type and model supplied shall be available
concurrently in 3/4 ", 1 ", 1 -1 /2" and 2 ".
3.3 Meter models and designs shall have been continuously manufactured in the
U.S. for a minimum of five (5) years and meters being bid must have been
approved by the City of Owasso prior to bid announcement.
PART 4: SPECIFIC REQUIREMENTS
4.1 The meter case shall be high -grade bronze to equal or exceed AWWA
Standards. The 5/8 ", 3/4 ", 1 ", 1 -1/2" and 2" meter cases shall be of the frost -
proof type. The frost bottom, if furnished, shall be of cast iron. (Plastic in-
lieu-of cast iron must be indicated as an exception to the specifications.)
4.2 Baskets of a suitable material, resting in recessed seats, shall prevent leakage
of the joints in the case assembly when subjected to a pressure of 150 psi.
4.3 All external bolts, nuts and washers shall be of brass, bronze or stainless steel
material and shall be designed for easy removal after long service.
4.4 The size and model number of the meter and the direction of flow shall be cast
in raised letters on the outer surface of the case. A manufacturer's serial
number will be die - stamped or molded on the register lid and the meter
casing.
4.5 All meters shall be furnished with mini pro -read pads providing encoded
readings directly from the internal odometer. Pads shall be compatible with
visual and computerized hand -held readers. The pad shall be protected
against internal moisture with a compatible liquid. The use of barriers or
pulse accumulators shall not be allowed. The selected vendor shall have at
least ten (10) years of experience in the manufacturer of such products.
PART 5: SCOPE
5.1 All meters furnished shall conform to the "Standard Specifications for Cold
Water Meters" — C700, latest revision issued by the AWWA. The following
requirements for specific details are made referring to the selection numbers
contained in the AWWA specifications.
PART 6: GENERAL
6.1 All meters shall consist of a bronze main -case with the serial number stamped
on the main -case.
6.2 Only displacement meters of the flat nutating disc type will be accepted
because of improved operation.
6.3 The size, capacity, accuracy and meter lengths shall be specified in the
AWWA Standard C700, latest revision. The maximum number of disc
nutations is not to exceed those specified in the AWWA C700, latest revision.
PART 7: METER MAINCASE
7.1 Maincases shall be the removable bottom cap type with the bottom cap
secured by four (4) bolts on 5/8" and 3/4" sizes, six (6) bolts on the 1" size,
and eight (8) bolts on the 1 -1/2" and 2" sizes. Bottom caps shall be
interchangeable; size for size, between frost - protected cast iron and non -frost
protected (bronze) models. No meters utilizing frost plugs will be accepted.
7.2 Frost - protected meters shall have a cast iron bottom cap. Non -frost protected
meters shall have bronze or synthetic polymer bottom caps. The cross section
of the bottom shall break clean when subjected to freezing pressure of 600-
850 psi.
7.3 All maincase bolts shall be of 300 series stainless steel to prevent corrosion.
Bottom cap bolt lugs shall be enclosed in the maincase and shall not have
externally exposed, threaded through holes.
PART 8: REGISTER
8.1 The register shall be of the straight reading sealed magnetic drive type and
shall contain six (6) numeral wheels. Registers must be roll sealed and dry.
All direct reading register lenses shall be flat, of high strength, and impact
resistant glass to prevent breakage. The register retaining shall be designed to
absorb impact from the register.
8.2 The register shall have the size, model and date of manufacture stamped on
the dial face. The dial shall be of the center sweep pointer type and shall
contain 1,200 equally divided graduations at its periphery.
8.3 The register must contain a low flow indicator with a 1:1 disc nutating ratio to
provide leak detection. Register boxes shall be synthetic polymer or bronze.
8.4 All meters must be adaptable to encoder type registers without interruption of
customer's service.
8.5 Registers shall be secured to the maincase by means of a plastic tamper -proof
seal to allow for in -line service replacement. Seal screws will not be
accepted.
PART 9: MEASURING CHAMBER
9.1 The measuring chamber shall be of 2 -piece snap joint type. The chamber
shall be made of non - hydrolyzing synthetic polymer, shall be smoothly and
accurately machined and shall contain a removable molded diaphragm of the
same materials as that of the chamber. No screws shall be used to secure the
chamber together.
9.2 The control block shall be the same material as the measuring chamber and be
mounted on the chamber top to provide sand ring protection. The control
block assembly shall be removable to facilitate repairing and allow for a
greater disc socket wear surface for increased longevity. Control block
assemblies shall be designed so as not to allow any magnetic slippage that
would result in a loss of revenue.
9.3 The measuring chamber outlet port shall be sealed to the maincase outlet port
by means of an "O" ring gasket to eliminate any chamber leak paths.
9.4 The chamber is a nutating disc type, the flat nutating disc shall be one piece
construction molded of a non - hydrolyzing synthetic polymer and shall contain
a type 316 stainless steel spindle. The nutating disc shall be equipped with a
synthetic polymer thrust roller located within the disc slot. The roller head
shall roll on the buttressed track provided by the diaphragm in the measuring
chamber located near the chambers outport.
PART 10: STRAINERS
10.1 All meters shall contain removable polypropylene plastic strainer screens. The
strainer shall be located near the inlet maincase port before the measuring
chamber and control block assembly.
PART 11: PERFORMANCE
11.1 Registers must be guaranteed for at lest ten years. All meters will be
guaranteed for at least one (1) year on material and workmanship.
11.2 To ensure accuracy, each meter must be accompanied by a factory test tag
certifying the accuracy at the flows required by AWWA C700 (low,
intermediate, and full flow).
11.3 Meters and meter parts shall be manufactured in the Continental United
States.
11.4 Manufacturers shall have a minimum of five (5) years of production
experience with all sizes of the model quoted for model standardization.
11.5 Meter suppliers must have been manufacturing meters for at least ten (10)
years.
PART 12: SYSTEMS GUARUNTEE
12.1 All meters shall be guaranteed adaptable to the Neptune ARB Encoder,
Central Meter Reading (CMR), Tricon, Neptune Manual Reader (NMR), and
the Unigun Electronic Meter Reading Systems.
BID PROPOSAL - SUBMITTAL PAGE
Neptune 5/8" x 3/4" T -10 Pro -Read USG Water Meters
(Minimum expected quantity — 400 each)
UNIT PRICE PER METER
TOTAL COST FOR 400 METERS
Neptune 1" T -10 Pro -Read USG Water Meters
(Minimum expected quantity — 15 each)
UNIT PRICE PER METER
TOTAL COST FOR 15 METERS
Neptune 1 -1/2" T -10 Pro -Read USG Water Meters
(Minimum expected quantity —10 each)
UNIT PRICE PER METER
TOTAL COST FOR 10 METERS
Neptune 2" T -10 Pro -Read USG Water Meters
(Minimum expected quantity —10 each)
UNIT PRICE PER METER
TOTAL COST FOR 10 METERS
TOTAL METER BID
Bid Proposal — Page 1
I hereby acknowledge that I have read the specifications and that I am legally bound by
the statements on the Bid Proposal - Submittal Pages.
Company Name
By:
Signature
Title
Address
Telephone
BID OPENING: AUGUST 27, 2007 @10:00 A.M.
OWASSO CITY HALL
Bid Proposal — Page 2
NON COLLUSION BID AFFIDAVIT
STATE OF
ss
COUNTY OF
of lawful age, being first duly sworn, on oath
says that (s)he is the agent authorized by the bidder to submit the attached bid. Affiant further
states that the bidder has not been a part of any collusion among bidders in restraint of freedom
of competition by agreement to bid at a fixed price or to refrain from bidding; or with State,
County, or City officials or employees as to quantity, quality, or price in prospective contract, or
any discussions between bidder and any State, County, or City official concerning exchange of
money or other thing of value for special consideration in the letting of a contract; that the
bidder /contractor has not paid, given or donated to any officer or employee of the City of
Owasso, Oklahoma, any money or other things of value, either directly or indirectly in the
procuring of a contract pursuant to this bid.
Bidder
Signature
Subscribed and sworn before me this day of 12007.
Notary Public
Commission #
My Commission Expires:
NOTE: COMPLETE THIS AFFIDAVIT AND RETURN WITH BID PROPOSAL
NOTICE OF AWARD
TO:
Project Description: Purchase of a minimum quantity of 400 Neptune 5/8" X 3/4" T -10 Pro -
Read USG Water Meters; 15 Neptune 1" T -10 Pro -Read USG Water
Meters; 10 Neptune 1' /2" T -10 Pro -Read USG Water Meters; and 10
Neptune 2" T -10 Pro -Read USG Water Meters.
The Owasso Public Works Authority has considered the BID submitted by you for the
above described item in response to its invitation to bid.
You are hereby notified that your BID has been accepted for items in the unit price of
per 5/8" x 3/4" meter; per 1" meter; per 1' /z" meter; and
per 2" meter.
You are required to return an acknowledged copy of this NOTICE OF AWARD to the
Contract Administrator's office.
LIM
Title:
Dated this day of , 2007.
CITY OF OWASSO, OKLAHOMA
OWASSO PUBLIC WORKS AUTHORITY
Contract Administrator
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE OF AWARD is hereby acknowledged by _
this day of 92007
CONTRACT FOR EQUIPMENT
THIS AGREEMENT, made this day
Owasso Public Works Authority (AUTHORITY),
(VENDOR).
WITNESSETH:
of _
and
2007, between the
1. That for and in consideration of the sum of $ per 5/8" x 3/4" meter; $
per F meter; $ per 11/2" meter; and $ per 2" meter, VENDOR will
furnish to AUTHORITY a minimum of 400 Neptune 5/8" X 3/4" T -10 Pro -Read USG
Water Meters; 15 Neptune 1" T -10 Pro -Read USG Water Meters; 10 Neptune 11/2" T -10
Pro -Read USG Water Meters; and 10 Neptune 2" T -10 Pro -Read USG Water Meters as
indicated in the specifications.
2. VENDOR agrees that the quantities listed in the specifications are minimum, and that
additional purchases will be provided at the same unit cost under the terms of the
specifications.
3. The AUTHORITY shall pay the VENDOR upon acceptance of delivery of the water
meters and following the submission of an invoice.
4. This Contract shall be binding upon all parties hereto and their respective heirs, executors,
administrators, successors and assigns.
5. This instrument, supplemented by the Contract Documents, contains the entire agreement
between the parties, and no statement, promise or inducement made by either party, or the
agent of either party, that is not contained in this written Contract shall be valid or binding.
6. This Contract shall not be enlarged, modified or altered except in writing, signed by the
parties and endorsed hereon.
7. This Contract shall be governed by the laws of the State of Oklahoma both as to
interpretation and performance.
OWASSO PUBLIC WORKS AUTHORITY
ATTEST: By
Stephen Cataudella, Chairperson
Sherry Bishop, Authority Secretary
APPROVED AS TO FORM & CONTENT: By
Julie Trout Lombardi, Authority Attorney Title
NON COLLUSION INVOICE AFFIDAVIT
STATE OF
ss
COUNTY OF
The undersigned person, of lawful age, being first duly sworn, on oath says that this
invoice is true and correct and the (s)he is authorized to submit the invoice pursuant to a contract
or purchase order. Affiant further states that the (work, services or materials) as shown by this
invoice have been (completed or supplied) in accordance with the plans, specifications, orders,
requests or contract furnished or executed by the affiant. Affiant further states that (s)he has
made no payment directly or indirectly to any elected official, officer or employee of the
municipality / authority or money or any other thing of value to obtain payment of the invoice or
procure the contract or purchase order pursuant to which an invoice is submitted.
Print or Type Name of Contractor or Vendor
Signature
Print or Type Name and Title
Subscribed and sworn before me this day of 52007.
Notary Public
Commission #
My Commission Expires:
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: ANA C. STAGG, P.E.
PUBLIC WORKS DIRECTOR
SUBJECT: NORTH 129TH EAST AVENUE
ROADWAY AND DRAINAGE IMPROVEMENTS
BID AWARD
DATE: August 7, 2007
BACKGROUND:
Included in the Capital Improvements Plan, this project consists of new, five -lane, Portland
cement concrete paving between East 76th Street North and East 86th Street North and between
East 86th Street North and East 93rd Street North, drainage improvements and permanent
signalization at the Owasso High School and Owasso 6th Grade Center. Council initially
approved a contract for engineering design services for improvements to North 129th East
Avenue and East 96th Street North with CH2MHil1 on August 20, 2002. The scope of services
included conceptual, preliminary and final design of improvements to the intersections at East
96th Street North and North 129th East Avenue and East 96th Street and the Owasso Expressway,
and the widening of North 1291h East Avenue from East 96th Street North to East 76th Street
North.
On January 19, 2004, Council approved a revised scope of work and divided the project into two
components — the final design of the modifications and improvements to the intersection and the
Owasso Expressway interchange and final design of the widening of the remainder of North
129th East Avenue. At that time, Public Works staff recommended that permanent reconstruction
of the Owasso Expressway interchange and completion of the intersection improvements should
take first priority over the remaining engineering contract items. Bids were received for this
portion of the project on July 12, 2004. Council awarded this contract to Becco Contractors
during its regularly scheduled meeting of July 20, 2004. The project was completed by early
summer of 2005 and Council approved acceptance and final payment during its meeting of
August 16, 2006.
Drawings (95% complete) for Phase 2 of the work — the widening of North 1291h East Avenue
from East 96th Street North to East 76th Street North — were submitted for Public Works review
in December of 2004. This portion of the project had been postponed by the Capital
Improvements Committee pending the design and construction of improvements to North
North 1291h East Avenue Improvements
Bid Award
Page 2 of 2
Garnett Road (East 86t11 Street North to East 96th Street North) and East 96th Street North (North
Garnett Road to North 119th East Avenue).
Following the meeting on April 5, 2007, the Capital Improvements Committee recommended
that the project become active again and be completed in time for a summer letting. During the
intervening 2 % years, the Design Engineer, CH2MHill, had discontinued its roadway section in
the Tulsa design office. Final drawing review, preparation and completion of bidding documents
was conducted at the firm's San Antonio, Texas, office. The December 2004 submittal was
reviewed in the field to determine any changes or revisions which may have become necessary
because of activity since the project's postponement. Contacts for design of utility relocation
were also revived at this time. Final design drawings were completed on July 7, 2007.
SOLICITATION OF BIDS:
The Advertisement for Bids was published in the Owasso Reporter on July 12, 2007. A
mandatory pre -bid meeting was held at Owasso City Hall on August 2, 2007. Four general
contractors and several sub - contractors were in attendance. A public meeting to inform the
residents of the details of the work was also held on August 2, from 6:30 PM to 8:30 PM, at the
Owasso Public Schools Mid -High. Bids are to be received until 2:00 PM CDT on August 13,
2007.
Staff intends to recommend award for Council consideration during its regularly scheduled meeting
on August 21, 2007. A Notice to Proceed can be anticipated no later than September 10, 2007.
Construction contract time for this project is 450 calendar days until substantial completion and 510
calendar days in which to be completed and ready for final payment. A $75,000 bonus is offered to the
Contractor if substantial completion is reached on or before August 13, 2008 — the beginning of the
Fall semester for Owasso Public Schools.
FUNDING SOURCE:
Funding for this project is included in FY 07 -08 Capital Improvements Fund.
RECOMMENDATION:
Staff intends to recommend Council award a contract for the construction of the North 1291h East
Avenue Roadway and Drainage Improvements to the lowest responsive and responsible bidder
based on bids received and tabulated on August 13, 2007.
ATTACHMENT:
A. Project Location Map
PROJECT LIMITS —+-
Owasso Public Works
Department
301 West 2nd Street
Owasso, OK 74055
918.272.4959
918.272.4996
www.citvofowasso.com
ATTACHMENT A
96th STREET N
f
76th STREET N
L"
D
Z
W
1L
X;
C)
cal
T
E. 129T" EAST AVENUE
IMPROVEMENTS
PROJECT LOCATION
W
3
Z
4
W
L
LI)
N
W E
S
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: J.B. ALEXANDER
PROJECT MANAGER
SUBJECT: FIRE STATION NO.3 SANITARY SEWER EXTENSION
BID AWARD
DATE: August 6, 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 96`h Street North and the Owasso Expressway (see
Attachment A).
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 of 2007 and Bid Notification was published in the
Owasso Reporter on June 7, 2007, along with documents submitted to plan firms and facsimile
notifications sent directly to local contractors. Bids were opened on June 28, 2007, with a single
bid being submitted by McGuire Brothers Construction of Tulsa, Oklahoma in the amount of
$101,981.00.
Discussions concerning the single submittal lead staff to believe that the project's scope --
coupled with its location — may have resulted in lack of interest by bidders. Additionally,
although a new easement was acquired for the installation of the new sewer, its close proximity
to other existing utilities — specifically telephone and gas — detrimentally influenced the pricing
of the work by the Bidder. Following additional discussions with potential bidders to clarify the
location of utilities and existence of an additional easement, staff recommended the re-
advertisement of the work.
On July 17, 2007, council voted to reject the McGuire Brothers bid and directed staff to re -bid
this project. Re -bid notifications were published in the Owasso Reporter on July 17 and July 24,
2007, along with documents submitted to plan firms and facsimile notifications sent directly to
local contractors.
Fire Station No. 3 Sanitary Sewer
Bid Award
Page 2 of 2
EVALUATION OF BIDS:
Bids were received and publicly opened on Monday, August 06, 2007, with the following four
(4) bids received:
Contractor _ Bid Sum
MSB Construction, Tulsa, Oklahoma $ 61,520.00
McGuire Brothers Construction, Inc., Tulsa, Oklahoma 68,606.00
Ball Construction, Salina, Oklahoma 113,994.00
R.L. Hensley, Tulsa, Oklahoma 145,440.00
Staff is currently reviewing the Bids for completeness and accuracy.
PROJECT FUNDING:
Funding for this project has been allocated in the Capital Improvements fund (40- 250- 54100-
029).
RECOMMENDATION:
Staff intends to recommend Council award the Fire Station No. 3 Sanitary Sewer Improvements
contract to MSB Construction Co. of Tulsa, Oklahoma, in the amount of $61,520.00.
ATTACHMENTS:
A. Location Map
.I
rl
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: J.B. ALEXANDER
PROJECT MANAGER
SUBJECT: MAIN STREET STREETSCAPE IMPROVEMENTS PROJECT
BID AWARD
DATE: August 7, 2007
BACKGROUND:
As part of the Vision 2025 Downtown/Neighborhood Rehabilitation Program, Tulsa County
voters 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 removal of overhead utilities, construction of
streetscaping, and installation of ornamental lighting and signs along Main Street between East
76`h Street North and 3rd Street North.
Design documents were completed on June 6, 2007 and 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.
EVALUATION OF BIDS:
Bids were received and publicly opened on Monday, July 9, 2007, with a single bid submitted by
Sherwood Construction, Catoosa, OK in the amount of $990,031.00. The bid was tabulated
against the engineer's estimate of $724,267.95 by Cobb Engineering (see Attachment A).
The City of Owasso believes that the lack of interest in this project could be the result of the
large volume of construction backlog in the area. Vision 2025 staff advised that other
communities in the Tulsa area have recently suffered similar bidding outcomes.
PROJECT FUNDING:
Funding for this project has been allocated by Vision 2025. A request through Vision 2025 to
have the project extended has been approved.
RECOMMENDATION:
Staff intends to recommend Council rejection of the Bid submitted by Sherwood Construction in
the amount of $990,031.00 and authorization to re -bid the project.
ATTACHMENTS:
A. Cobb Engineering Recommendation Letter
B. Bid Tabulation
ATTACHMENT A
July 12, 2007
Ms. Ana C. Stagg, P.E.
Public Works Director
City of Owasso
301 West 2nd Avenue
Owasso, OK 74055
Re: AWARD RECOMMENDATION
Main Street Streetscape Enhancements,
Phase 1
Dear Ms. Stagg:
Enclosed is the Bid Tabulation for the subject project. Only one bid, for $990,031.00,
was received on the project and it was $265,763.05 greater than the Engineer's
Estimate of $724,267.95.
We have examined the bid and recommend that the contract not be awarded to the
bidder. It is likely that the bid is excessive because the lack of competition and the large
amount of work underway currently in the project area. We concur with your desire to
rebid the project at a later date - hopefully when there will be less overall work in the
area, freeing up contractors to bid the project.
Cobb Engineering Company
i1oub ou
J Carthal Cobb, P.E.
Branch Manager
JB Alexander, Owasso PWD
Mike Peters, Alaback Design Associates
WWW.COBBENGR.COM
4530 SOUTH SHERIDAN ROAD, SUITE 206 / TULSA, OK 74145 -1128 / PHONE: 918.663.9401 / FAX: 918.663.9404
ATTACHMENT B
BID TABULATION
MAIN STREET STREETSCAPE ENHANCEMENTS, PHASE 1
Owasso, Oklahoma
Bid Date: July 9, 2007
ENGINEER'S ESTIMATE
SHERWOOD CONSTRUCTION
item
No.
Spec No.
Description
Unit
Quantity
Unit Price
Extension
UNIT PRICE
EXTENSION
1
202(C)
UNCLASSIFIED BORROW
CY
68
$ 8.00
$ 540.00
$ 50.00
$ 3,375.00
2
222
TEMPORARY BALE BARRIER
LF
20
$ 4.00
$ 80.00
$ 9.00
$ 180.00
3
223
TEMPORARY SILT FENCE
LF
250
$ 2.00
$ 500.00
$ 5.00
$ 1,250.00
4
303
AGGREGATE BASE
CY
216
$ 45.00
$ 9,720.00
$ 100.00
$ 21,600.00
5
407
TACK COAT
GAL
32
$ 3.00
$ 95.70
$ 35.00
$ 1,116.50
6
411 A
SP ASH PALT CONCRETE TYPE A PG 64-F2-0-K)
TON
1611$
55.00
$ 8,838.50
$ 100.00
$ 16,070.00
7
411 B
SP ASHPALT CONCRETE TYPE B PG 64 -22 OK
TON
425
$ 65.00
$ 27,592.50
$ 100.00
$ 42,450.00
8
414(A)
6" P.C.CONCRETE PAVEMENT
SY
606
$ 75.00
$ 45,435.00
$ 80.00
$ 48,464.00
9
417
COLD MILLING PAVEMENT
SY
31521$
4.00
$ 12,608.80
$ 7.00
$ 22,065.40
10
609(B)
2' -8" COMB. CURB & GUTTER 4" MNTBLE
LF
646
$ 20.00
$ 12,920.00
$ 50.00
$ 32,300.00
11
609(B)
2' -8" COMB. CURB & GUTTER 6" BARRIER
LF
687
$ 20.00
$ 13,740.00
$ 50.00
$ 34,350.00
12
610(A)
4" CONCRETE SIDEWALK
SY
1467
$ 55.00
$ 80,674.00
$ 50.00
$ 73,340.00
13
611 A
MANHOLE 4' DIA.
EA
2
$ 2,000.00
$ 4,000.00
$ 2,000.00
$ 4,000.00
14
611E
INLET CICI DES 2(D)
EA
2
$ 2,500.00
$ 5,000.00
$ 5,000.00
$ 10,000.00
15
612(A)
MANHOLES ADJUST TO GRADE
EA
1
$ 550.00
$ 550.00
$ 700.00
$ 700.00
16
612(G)
VALVE BOXES ADJUST TO GRADE
EA
7
$ 250.00
$ 1,750.00
$ 125.00
$ 875.00
17
612H
METER BOXES ADJUST TO GRADE
EA
3
$ 250.00
$ 750.00
$ 450.00
$ 1,350.00
18
612(J)
FIRE HYDRANT RESET
EA
2
$ 500.00
$ 1,000.00
$ 3,000.00
$ 6,000.00
19
613(B)
18" R.C. PIPE CLASS III
LF
6
$ 60.00
$ 360.00
$ 150.00
$ 900.00
20
6196
REMOVAL OF CONCRETE DRIVEWAY
SY
189
$ 6.00
$ 1,132.80
$ 5.75
$ 1,085.60
21
619(B)
REMOVAL OF CONCRETE PAVEMENT
SY
2466
$ 6.00
$ 14,793.00
$ 10.00
$ 24,655.00
22
1 619(B)
REMOVAL OF CURB & GUTTER
LF
1384
$ 6.00
$ 8,302.20
$ 3.50
$ 4,842.95
23
1 619(B)
REMOVAL OF DRAINAGE INLETS
EA
2
$ 1,500.00
$ 3,000.00
$ 300.00
$ 600.00
24
619(B)
REMOVAL OF SIDEWALK
SY
1122
$ 6.00
$ 6,729.00
$ 6.00
$ 6,729.00
25
641
MOBILIZATION
LSUM
1
$ 33,500.00
$ 33,500.00
$ 38,000.00
$ 38,000.00
26
642
STAKING
LSUM
1
$ 6,000.00
$ 6,000.00
$ 25,000.00
$ 25,000.00
27
802(B)
2" PVC SCH 40 PLASTIC CONDUIT BORED
LF
535
$ 40.00
$ 21,400.00
$ 45.00
$ 24 075.00
28
802(B)
2" PVC SCH 40 PLASTIC CONDUIT TRENCHED
LF
3447
$ 15.00
$ 51,705.00
$ 10.00
$ 34470.00
29
803
PULL BOX SIZE 1
EA
3
$ 120.00
$ 360.00
$ 525.00
$ 1,575.00
30
850(A)
SHEET ALUMINUM SIGNS
SF
14
$ 15.00
$ 210.00
$ 25.00
$ 350.00
31
851 C
13/4" SQUARE TUBE POST
LF
34
$ 6.00
$ 201.00
$ 15.00
$ 502.50
32
855(A)
TRAFFIC STRIPE PLASTIC TAPE 4" WIDE
LF
4251
$ 0.50
$ 2,125.50
$ 3.50
$ 14,878.50
33
855(B)
TRAFFIC STRIPE PLASTIC ARROW
EA
12
$ 150.00
$ 1,800.00
$ 500.00
$ 6,000.00
34
855(B)
TRAFFIC STRIPE PLASTIC SYMBOLS
EA
2
$ 150.00
$ 300.00
$ 625.00
$ 1,250.00
35
855(B)
TRAFFIC STRIPE PLASTIC WORDS
EA
5
$ 200.00
$ 1,000.00
$ 650.00
$ 3,250.00
36
880(J)
CONSTRUCTION TRAFFIC CONTROL
L.SUM
1
$ 6,000.00
$ 6,000.00
$ 30,000.00
$ 30,000.00
37
890(A)
PL REMOVAL OF EXISTING SIGNS
EA
11$
100.00
$ 100.00
$ 275.00
$ 275.00
38
89OA/B
PL REMOVE & RESET GROUND MOUNTED SIGN
EA
131$
250.00
$ 3,250.00
$ 450.00
$ 5,850.00
39
02518
2 3/8" CONC. PEDESTRIAN PAVERS W/O CONC. BASE
SF
5360
$ 10.00
$ 53,600.00
$ 10.00
$ 53,600.00
40
02518
3 1/8" CONC. CROSSWALK PAVER W/O CONC. BASE
SF
2300
$ 12.00
$ 27,600.00
$ 11.00
$ 25,300.00
41
02810
IRRIGATION SYSTEM COMPLETE IN PLACE
LSUM
1
$ 32,000.00
$ 32,000.00
$ 50,000.00
$ 50,000.00
42
02810
IRRIGATION SYSTEM SLEEVES SCH. 40
LF
800
$ 8.00
$ 6,400.00
$ 5.00
$ 4,000.00
43
02870
6" CONCRETE CURB PLANTER BED EDGE IN PAVING
LF
200
$ 35.00
$ 7,000.00
$ 12.00
$ 2,400.00
44
02870
6' BENCH INSTALLED
EA
6
$ 1,500.00
$ 9,000.00
$ 4,000.00
$ 24,000.00
45
02870
LITTER RECEPTACLE INSTALLED
EA
4
$ 1,200.00
$ 4,800.00
$ 3,500.00
$ 14,000.00
46
02870
PLANTER POTS LARGE W/ PLANTING SOIL
EA
11
$ 600.00
$ 6,600.00
$ 1,000.00
$ 11,000.00
47
02870
PLANTER POTS SMALL W/ PLANTING SOIL
EA
21
$ 400.00
$ 8,400.00
$ 800.00
$ 16,800.00
48
02870
RAISED PLANTER 18" HEIGHT SEAT WALLS
EA
4
$ 8,000.00
$ 32,000.00
$ 10,000.00
$ 40,000.00
49
02935
BERMUDA SOD SOLID SLAB
SF
11500
$ 0.30
$ 3,450.00
$ 0.45
$ 5,175.00
50
02950
2.5" CAL. WATER OAK STREET TREES
EA
23
$ 400.00
$ 9,200.00
$ 500.00
$ 11,500.00
51
02950
LANDSCAPING ALL PLANTINGS EXCEPT WATEROAK TREES
L.SUM
1
$ 9,500.00
$ 9,500.00
$ 25,000.00
$ 25,000.00
52
SPECIAL
6" WIDE CONCRETE EDGE RESTRAINT
LF
450
$ 20.00
$ 9,000.00
$ 10.00
$ 4,500.00
53
SPECIAL
8" WIDE CONCRETE EDGE RESTRAINT AT CROSSWALKS
LF
550
$ 25.00
$ 13,750.00
$ 10.00
$ 5,500.00
54
SPECIAL
CONCRETE BUMPERS
EA
25
$ 500.00
$ 12,500.00
$ 75.00
$ 1,875.00
55
SPECIAL
PROJECT ALLOWANCE
LSUM
1
$ 34,488.95
$ 34,488.95
$ 49,501.55
$ 49501.55
56
SPECIAL
HISTORIC SIGN RELOCATION
EA
1
$ 10,000.00
$ 10,000.00
$ 2,200.00
$ 2,200.00
57
SPECIAL
ILIGHT FIXTURES AT HISTORIC SIGN
EA
2
$ 1,500.00
$ 3,000.00
$ 11,000.00
$ 22,000.00
58
SPECIAL
LIGHT POLE BASE
EA
39
$ 800.00
$ 31,200.00
$ 1,600.00
$ 62,400.00
59
SPECIAL
PRECAST LOGO EMBLEMS
EA
8
$ 1,000.00
$ 8,000.00
$ 1,000.00
$ 8,000.00
60
SPECIAL
12 "x12" DUCTILE IRON GRATE
EA
1
$ 500.00
$ 500.00
$ 525.00
61
SPECIAL
8" HIGH DENSITY POLYETHYLENE PIPE
LF
28
$ 22.00
$ 616.00
$ 35.00
62
SPECIAL
ASPH. PATCH BASE REPAIR (TYPE 11)
EA
3
$ 1,200.00
$ 3,600.00
$ 2,000.00
E��N
TOTAL PROJECT COST
$ 724,267.95
Q�OFtSS /p
ACKNOWLEDGED BY,
J. CARTHAL z
J. CA THAL COB
COBB c�
8812 =
°Kt AHW1
APPROVED:
PUBLIC WORKS DIRECTOR
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: RODNEY J. RAY
CITY MANAGER
SUBJECT: N. GARNETT ROAD REGIONAL DETENTION FACILITY
DATE: August 10, 2007
BACKGROUND:
In an effort to take a more comprehensive approach to development issues and the impact
of development on a specific area of the City, the staff has previously proposed the
construction of a "regional" detention facility as a component of the Smith Farm Market
Phase II (JC Penny's) project. The construction of such a facility will provide several
benefits and is one of the Stormwater Master Plan's recommended projects. Benefits of
the project include mitigation of existing stormwater concerns, use of more appropriate
land for drainage thus allowing property currently being utilized for detention to be used
in a more productive manner, and avoiding the development of numerous small detention
facilities located on potentially tax generating property.
Based on the " Stormwater Master Plan" and on discussions that have occurred over the
past three years, the staff has taken the opportunity presented by the proposed Smith
Farm Market Phase II project to develop a concept for a regional detention facility for the
E. 96`i' Street North and N. Garnett Road area. The proposal includes the acquisition of
property for the project, Council passage of an ordinance requiring all property developed
in the defined development area to use the regional facility, release of property now
restricted for detention use, design and construction of the facility, and funding for the
project.
The proposed project, if approved and constructed, will provide an 11 acre detention site
that will accommodate 67 acre -feet of runoff stormwater storage in a facility located
immediately north of Ator Heights and immediately west of the newly constructed IBC
Bank. The facility will serve approximately 70 acres of undeveloped property in addition
to serving a portion of the existing Owasso Market property (Lowe's area) and the
proposed expansion of the Smith Farm Market.
The cost of the project is estimated to range between $3,000,000 to $3,500,000. Funding
is proposed to be derived from a "fee in lieu of charge that would service the debt from a
Revenue Anticipation Note (RAN) issued by the Owasso Public Works Authority to the
City of Owasso (see attachment "A ").
N. Garnett Road Regional Detention Facility
August 8, 2007
Page 2 of 4
THE PROPERTY:
The proposed detention facility would be located on an eleven -acre site currently owned
by John Bumgarner under the name of Owasso 20, LLC. The property is located south
and west of the E. 96`h Street North and N. Garnett Road intersection, north of Ator
Heights. The property is marginally useable for residential development and has
historically served as the detention for stormwater from that area. Its location and
topography make it ideal for use as a regional detention facility (see attachment `B ").
The City staff negotiated an option to purchase the property during the right -of way
acquisition process for the widening of N. Garnett Road about two years ago (see
attachment "C "). At that time, the price was "locked -in" for five years at $3.00 per
square foot for the eleven acres, for a total cost of $1,437,480 for the acquisition of the
property. Additionally, approximately 40,000 cubic yards of excavated soil will be
deposited on the property remaining under the ownership of Owasso 20, LLC, as a part of
the compensation for the easements to the property.
FACILITY DESIGN:
The staff will propose to the City Council that the firm of Meshek and Associates be
retained for the purpose of designing the detention facility, design of the conveyance
system (the system that transports water from various points to the facility), and bid
specification documents. The Meshek firm is familiar with the city's Stormwater Master
Plan and the hydrology of the specific area. The anticipated cost of these services is
$150,000 however, the final "scope of services" for the project is under review and could
impact the total cost. The Council will not be asked for approval of an agreement until
the final scope of services is negotiated and all associated costs are established. (Please
refer to attachment "D" for the preliminary Engineering Services Agreement.)
CONSTRUCTION OF THE FACILITY:
If approval is given for the project, the staff will first acquire the property for the facility,
complete negotiations for easements and rights -of -way, authorize design and advertise
the construction project for public bid. Initial and preliminary estimates place the cost of
constructing the facilities at $1,500,000 to $2,000,000. While the Public Works staff
believes this estimate to be valid, the actual cost will not be fully known until the final
design is complete and bids for the project are received and reviewed.
FUNDING:
It is proposed that funding for this project be derived from three sources.
• The Revenue Anticipation Note will provide the initial funding to acquire the land
for the project, as well as construct the detention and conveyance facilities. The
Stormwater Management fees will secure the RAN.
N. Garnett Road Regional Detention Facility
August 8, 2007
Page 3 of 4
• The undeveloped property in the "drainage basin" would be charged a "fee in lieu
of detention" with such fee being mandatory as established by ordinance.
Assuming that all of the undeveloped property in the basin develops, the
contribution of those fees to the total project is estimated to be $2,300,000 over an
estimated 5 to 10 year period.
• Property currently "restricted" for use as detention at the Owasso Market would
be released for development. It is proposed that the owner of that property pay a
fee for off -site detention that would make approximately four acres available for
commercial development (see map attachment "B "). Based on initial discussions
with staff and the owner, it is estimated that the release of the property and
resulting fee will contribute $800,000 to $1,200,000 to the project.
Combined, the detention fees charged to the currently undeveloped property and the fee
for the release of the restricted property at Owasso Market is expected to provide up to
$3,500,000 for the project. Assuming that construction costs will actually meet
projections and the revenue projections are accurate, no additional funding would be
needed. The city's Stormwater Management Fund is proposed to be utilized as a funding
source until such time that all fees are recouped.
FINANCING:
The staff proposes financing this project through the use of a RAN (see attachment "A ").
Utilizing this method of financing, the OPWA would issue the RAN and the City would
purchase the note as an investment (similar to previous actions such as the Vanguard
RAN to the OEDA). The fees from the Stormwater Management Fund will be used to
service the debt issued by the OPWA. The fees from the developing properties and the
fee paid for the release of the Owasso Market detention tract would be used to repay the
Stormwater Management Fund.
SUMMARY:
• Construction of a regional detention facility at E. 96th Street North and N. Garnett
Road is proposed
• Facility will serve approximately 70 acres in the drainage basin
• Facility would release four prime commercial acres for re- development
• Cost of the project is estimated to be $3,000,000 to $3,500,000
• Revenue from fees is projected to be up to $3,500,000
• Initial funding of the project to be derived from the Stormwater Management
Fund
• The facility can be operational by late - Spring to early- Summer of 2008, at the
time of JC Penny's opening.
N. Garnett Road Regional Detention Facility
August 8, 2007
Page 4 of 4
COMMENTS:
• The use of the Stormwater Management Fund to initially fund the project will
lessen spending on other drainage projects
• The use of a regional detention facility in this specific area will allow increased
retail utilization in this rapidly developing area (individual businesses will not
have individual detention facilities)
REQUEST:
The staff request is for the following approvals and authorizations:
• Approval of a contract for the purchase of 11 acres from Owasso 20, LLC.
• Approval of an Engineering Services Agreement with Meshek
• Approval and Authorization of a Revenue Anticipation Note by the OPWA
• Authorization for the City Treasurer to invest in the RAN issued by the OPWA
• Adoption of Ordinance requiring a fee -in -lieu of detention for all property in the
defined basin
• Approval of a Development Agreement with the Owners of Owasso Market
• Approval of a plat amendment for Owasso Market, releasing the restricted
property
ATTACHMENTS:
A. Revenue Anticipation Note Memorandum
B. Map of Project Area and Surrounding Area
C. Right -of -Way Purchase Agreement
D. Engineering Services Agreement Memo and Attachments
MEMORANDUM
TO: HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: SHERRY BISHOP
ADMINISTRATIVE SERVICES DIRECTOR
SUBJECT: PROJECT FINANCING
REVENUE ANTICIPATION NOTE
DATE: August 10, 2007
BACKGROUND:
The City of Owasso continually explores alternatives in order to achieve the most cost effective
strategy for financing capital projects. The issuance of and investment in a Revenue Anticipation
Note (RAN) has been one of the successful methods used to finance capital projects.
The City of Owasso utilizes a "pooled" cash system for the receipt, disbursement and investment of
funds. The Consolidated Cash Fund includes all cash for the city and the trust authorities (except
OEDA). The total in the Consolidated Cash Fund varies throughout the year depending on cash
flows and major expenditures. The current cash balance is approximately five million dollars. One
investment option available to the City's Consolidated Cash Fund is a RAN issued by a trust
authority of the City. A RAN offers advantages for both the Authority and the City. The Authority
may borrow funds through a fairly simple process and the City acquires a secure investment at a
determined interest rate.
Actions anticipated to accomplish this financing method are:
1. Council approval of a Resolution authorizing the investment in a RAN of the OPWA,
2. OPWA Trustee approval of a Resolution authorizing the borrowing and issuance of a RAN.
3. OPWA Trustee approval of the transfer of the proceeds of the RAN from the OPWA to the
Stormwater Management Fund of the City.
4. Council approval of future fiscal year budgets transferring funds from the Stormwater
Management Fund to the OPWA for debt service on the RAN.
If this RAN financing method is utilized to fund the construction of the Garnett Road regional
detention facility, staff will recommend approval of resolutions to authorize the financing at the
August 21 City Council and OPWA meetings.
AV
\ i 1 "*
ol.
f_ _• Z Cq
N 113[h AV E N GARNETT RD
—n A
A - \�
OD < �.
fD Q CD �..
n O p
< 04 .
-0 m O
o OS-0
l
/ cn3 \g
O
s9
0
0
O�
v
CD
rt
fD
0
0
2)
�o
JV
►
� �
-•
r t '
1 IkGI q:lldllA,
j' ;'71 �
y I
'
�
_
y
N 109th
AV E ' y
Si
IMD O
it
s
X
�
M
�-
pl
N 111th AV E
-�
ol.
f_ _• Z Cq
N 113[h AV E N GARNETT RD
—n A
A - \�
OD < �.
fD Q CD �..
n O p
< 04 .
-0 m O
o OS-0
l
/ cn3 \g
O
s9
0
0
O�
v
CD
rt
fD
0
0
2)
�o
CONTRACT
THIS AGREEMENT, by and between Owasso 20, LLC, an Oklahoma limited
liability company, hereinafter referred to as Seller, and the City of Owasso, Oklahoma, a
municipal corporation, hereinafter referred to as City.
WITNESSETH
SALE. In consideration of the sum of Two Hundred Eighty -Six Thousand, Eight
Hundred Eighty and 00 /100 Dollars ($286,880.00), 28,688 square feet at $10.00 per
square foot, to be paid by the City to the order of Seller, as hereinafter provided, the
parties have agreed that Seller shall sell, transfer and convey to the City by good and
sufficient special warranty deed the following described real property in Owasso,
Tulsa County, State of Oklahoma, to -wit:
See Exhibit A attached hereto,
together with all improvements thereon and hereditarnents and appurtenances there
unto belonging, free and clear of all liens, mortgages, easements, assessments and
encumbrances of every kind and character whatsoever, and to warrant the title to
same by through and under Seller.
2. CLOSING. The Closing shall occur on a mutually acceptable date, but in no event
later than April 1, 2005. At Closing, Seller shall execute, acknowledge and deliver to
City a good and special warranty deed in statutory fonn, conveying to the City all of
said property, free and clear of all taxes, liens and encumbrances. Concurrently with
the delivery of said deed, Seller shall deliver to City quiet and peaceable possession
of all of said property.
3. SPECIAL CONDITIONS.
A. Employees, agents or contractors representing the City of Owasso and /or the Owasso
Public Works Authority shall be permitted the right to enter upon the above described
property prior to the Closing of this transaction as above stated to construct a street
and utility relocation project for the Garnett Street Widening Project, The City of
Owasso and /or the Owasso Public Works Authority hereby indemnifies, defends and
holds Seller harmless from and against all cost, loss, expenses and claims (actual or
threatened) incurred by Seller with respect to the work to be performed herein prior to
the Closing;
B. The City hereby assures to Seller that any current or future onsite stormwater
detention requirements of the Owasso 7, LLC property referred to as Parcel No. 4 of
the 96th and Garnett Road Intersection Improvements Project, as well as the tract of
land owned by Betty Smith from which right of way for the referred to project is also
being obtained as Parcel 9 thereof, may be accommodated offsite by detention on the
back half of Seller's tract subject only to a separate agreement among Betty Smith,
511398.2:225700:01574
Owasso 7, LLC and Seller. In conjunction herewith, the City hereby assures to Seller
that the Owasso 7, LLC property and the Betty Smith property may utilize then
existing City storm sewer pipes, box culverts, public rights of way, dedications and
easements granted to the City to enable said properties to access the stormwater
detention facilities on the western half, i.e., the "back" half of Seller's tract, subject
only to a separate agreement among Betty Smith, Owasso 7, LLC and Seller;
C. The City shall, at the City's sole cost and expense, cause the electrical lines east and
parallel to Seller's tract to remain on the eastern side of Garnett Road in the then
existing right of way and parallel to Seller's tract;
D. At the time that Seller designates to the City a predetermined time for the annexation
of Seller's tract, the City, within a reasonable amount of time from such notification,
shall cooperate and support the annexation request as well as cooperate and support a
request from Seller, subsequent to annexation, for a rezoning of Seller's tract to (1) a
combination of Commercial High "CH" and Commercial General "CG" of the east
ten (10) acres of Seller's tract and (2) Residential Multi- Family of the west ten (10)
acres of Seller's tract with developmentally adequate curb cuts;
E. Seller, for no additional consideration, hereby grants unto the City an Option to
Purchase the eleven (11) acres on the western half, i.e., the "back half' (the "O tion
Property "), to utilize same exclusively as a regional park and stormwater detention
facility for a price of $1,437,480.00 as adjusted upward for the cost of any
improvements paid for by Seller (as adjusted upward, the "Purchase Price "). The
regional park and stormwater detention facility will accommodate Seller's tract, and
the Owasso 7, LLC and the Betty Smith properties' onsite stormwater detention
requirements, subject only to a separate agreement among Betty Smith, Owasso 7,
LLC and Seller.
In the event the City exercises the Option to Purchase, City, at Seller's request, shall
have an appraisal of the Option Property conducted by an MAIA qualified appraiser
mutually satisfactory to both Seller and City, a copy of which shall be delivered to
Seller for review. In the event Seller and City agree with the appraiser's
determination and the appraised value of the Option Property is higher than the
Purchase Price, Seller and City hereby agree that the amount in excess of the
Purchase Price (the "Excess Amount ") shall be deemed to be a "bargain sale" under
the Internal Revenue Code of 1986, as amended, and a tax deductible contribution
made by Seller to City and City shall furnish Seller any appropriate acknowledgement
regarding the Excess Amount to such effect.
In the event the City exercises the Option to Purchase and the City encloses the
earthen channel in a concrete box culvert, the box culvert must be constructed within
the thirty (30) foot wide Stormwater Drainage Easement referred to in Paragraph F.
below. In addition, if the City exercises the Option to Purchase and Seller has
constructed a detention pond to accommodate the properties of Seller, Owasso 7,
LLC and Betty Smith, Seller, Owasso 7, LLC and Betty Smith shall not be (i) charged
511398.2:225700:01574 2
any fees by the City, (ii) required by the City to detain any water on -site, or (iii)
required by the City to meet any further detention requirements.
The Option to Purchase may be exercised by the City at any time within five (5) years
from the date hereof by the City giving written notice to Seller of City's intent to
exercise said option. In the event such Option to Purchase is exercised by the City,
Seller and City shall enter into a mutually agreeable contract regarding same within
30 days from the date the Option to Purchase is exercised by the City. The Option to
Purchase granted hereby is not assignable by City without the prior written consent of
Seller or Seller's assignees or successors in interest;
F. Seller, for no additional consideration, shall grant unto the City a Grading Easement
in the form and substance of the Grading Easement being attached hereto as Exhibit
B, to facilitate the construction by the City and utilization by others only with the
written permission of Seller, of an earthen channel on contiguous property owned by
96Th & Garnett, L.L.C. The City shall design and construct the earthen channel at its
sole cost and expense. Seller shall reimburse City one -half (1/2) of the cost of the
construction only of the earthen channel up to and not to exceed $40,000 and the
other one -half (1/2) shall be reimbursed by 96th & Garnett, L.L.C. The earthen
channel shall be located along the northern boundary of Seller's tract but located
upon the contiguous land of 96t" & Garnett, L.L.C. referred to above. As a
continuing condition of the grant and payment referenced above, the City shall notify
Seller by regular mail of other property owners, within the same drainage basin as
Seller's tract is located, processing with the City any developmental plat. The
determination of what real property is located within the same drainage basin as
Seller's tract shall be made by the City referencing and utilizing the then most current
Federal Emergency Management Agency (FEMA) floodplain and floodway maps
applicable to the City of Owasso, Tulsa County, Oklahoma. The City shall. provide
such notification to Seller at the inception of the City's receipt for processing of a
proposed Preliminary Plat from a landowner, or his/her representative, of property
within the same drainage basin as Seller's tract. The City shall enforce and hereby
assures to Seller that no post development water shall be placed in the earthen
channel without Seller's prior written permission and that all post- development
access to the earthen channel shall be restricted by the City unless such permission is
granted by Seller in writing. A condition precedent or co- existent to the obligation of
Seller to grant the above referenced Grading Easement as well as the agreement to
bear one -half (1/2) of the cost of the construction by the City of the earthen channel,
is the agreement on the part of 96th & Garnett, L.L.C. with the City to grant an
unrestricted thirty (30) foot wide Stormwater Drainage Easement on the southern
boundary of the 96th & Garnett, L.L.C. property which is contiguous to the north of
Seller's tract;
G. The City hereby acknowledges and agrees that the floodplain located on the 96th &
Garnett, L.L.C. property adjacent to Seller's tract has been filled in and no longer
reflects the condition as mapped by the current FEMA maps of the 96th & Garnett,
L.L.C. property. The City further acknowledges and agrees that compliance by the
5113 98.2:22 5700:01574
96th & Garnett, L.L.C. property with any on -site detention and floodplain
requirements of the City shall not be met unless the floodplain on the 96th & Garnett,
L.L.C. property is analyzed per the conditions of the existing FEMA maps; and
H. The City agrees that Seller may designate prior to Closing that this transaction shall
be conducted as a Section 1031 Exchange under the Internal Revenue Code of 1986,
as amended, provided that Seller pay all costs associated with the Section 1031
Exchange and the Closing is not delayed. If Seller elects such option, the City shall
cooperate with Seller to effect the Section 1031 Exchange. All costs and expenses in
connection with such Section 1031 Exchange shall be the responsibility of Seller.
Seller shall indemnify the City from and against any and all loss, liability, damage,
cost or expense suffered or incurred by the Section 1031 Exchange and such
indemnity shall survive the Closing.
The provisions of Section 3 shall survive the Closing of this transaction.
IN WITNESS WHEREOF, the parties have executed this Contract at Owasso,
Oklahoma, this _day of 66A,4 6 , 2005.
SELLER: Owasso 20, LL,C
�� � �►'� AM's w
1.
6, -4 ofi p�� CITY: City of Owasso, Oklahoma
f)FFICTAL O
SEAL
By: _
9' 'ZAH00 Susan Kimball, Mayor
Attest:
Sherry Bisl p, City Cler
51 1198.2:225700:01574 4
Exhibit A
Legal Description
(OWASSO 20, LLC - ADDITIONAL GARNETT R/W)
A TRACT OF LAND THAT IS PART OF THE WESTERLY 43.50' OF THE
EASTERLY 60.00' OF THE S/2 OF THE NEA OF THE NE /4 OF SECTION 19,
T -21 -N, R -14 -E OF THE INDIAN BASE AND MERIDIAN, CITY OF OWASSO,
TULSA COUNTY, OKLAHOMA, SAID TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
STARTING AT THE NORTHEAST CORNER OF THE S/2 OF THE NE /4 OF THE
NEA OF SAID SECTION 19; THENCE N 89 °59'19" W ALONG THE NORTHERLY
LINE THEREOF FOR 16.50' TO THE "POINT OF BEGINNING" OF SAID TRACT
OF LAND; THENCE S 00 °05'04" E AND PARALLEL WITH THE EASTERLY LINE
OF SECTION 19 FOR 659.49' TO A POINT ON THE SOUTHERLY LINE OF THE
S/2 OF THE NE /4 OF THE NE /4; THENCE N 89 °58'53" W ALONG SAID
SOUTHERLY LINE FOR 43.50'; THENCE N 00 °05'04" W AND PARALLEL WITH
AS MEASURED 60.00' PERPENDICULAR FROM THE EASTERLY LINE OF
SECTION 19 FOR 659.49' TO A POINT ON THE NORTHERLY LINE OF THE S/2
OF THE NEA OF THE NE /4; THENCE S 89 °59'19" E ALONG SAID NORTHERLY
LINE FOR 43.50' TO THE "POINT OF BEGINNING" OF SAID TRACT OF LAND.
511398.2:225700:01574 5
Exhibit B
Grading Easement
511398.2:225700:01574
Exhibit A
Legal Description
(OWASSO 20, LLC - ADDITIONAL GARNETT R/W)
A TRACT OF LAND THAT IS PART OF THE WESTERLY 43.50' OF THE
EASTERLY 60.00' OF TIIE S/2 OF THE NE /4 OF TIIE NE /4 OF SECTION 19,
T -21 -N, R -14 -E OF THE INDIAN BASE AND MERIDIAN, CITY OF OWASSO,
TULSA COUNTY, OKLAHOMA, SAID TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
STARTING AT THE NORTHEAST CORNER OF THE S/2 OF THE NE /4 OF THE
NE /4 OF SAID SECTION 19; THENCE N 89 °59'19" W ALONG THE NORTHERLY
LINE T14F.REOF FOR 16.50' TO THE "POINT OF BEGINNING" OF SAID TRACT
OF LAND; THENCE S 00 °05'04" E AND PARALLEL WITH THE EASTERLY LINE
OF SECTION 19 FOR 659.49' TO A POINT ON THE SOUTHERLY LINE OF THE
S/2 OF THE NE /4 OF THE NE /4; THENCE N 89 °58'53" W ALONG SAID
SOUTHERLY LINE FOR 43.50'; THENCE N 00 °05'04" W AND PARALLEL WITH
AS MEASURED 60.00' PERPENDICULAR FROM THE EASTERLY LINE OF
SECTION 19 FOR 659.49' TO A POINT ON THE NORTHERLY LINE OF THE S/2
OF THE NE /4 OF THE NE /4; THENCE. S 89 °59'19" E ALONG SAID NORTHERLY
LINE FOR 43.50' TO THE "POINT OF BEGINNING" OF SAID TRACT OF LAND,
Cl
Exhibit A
Legal Description
(OWASSO 20, LLC - ADDITIONAL GARNETT R/W)
A TRACT OF LAND THAT IS PART OF THE WESTERLY 43.50' OF THE
EASTERLY 60.00' OF THE S/2 OF THE NE /4 OF THE NE /4 OF SECTION 19,
T -21 -N, R -14 -E OF THE INDIAN BASE AND MERIDIAN, CITY OF OWASSO,
TULSA COUNTY, OKLAHOMA, SAID TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
STARTING AT THE NORTHEAST CORNER OF THE S/2 OF THE NE /4 OF THE
NEA OF SAID SECTION 19; THENCE N 89 °59'19" W ALONG THE NORTHERLY
LINE THEREOF FOR 16.50' TO THE "POINT OF BEGINNING" OF SAID TRACT
OF LAND; THENCE S 00 °05'04" E AND PARALLEL WITH THE EASTERLY LINE
OF SECTION 19 FOR 659.49' TO A POINT ON THE SOUTHERLY LINE OF THE
S/2 OF THE NE /4 OF THE NEA; THENCE N 89 °58'53" W ALONG SAID
SOUTHERLY LINE FOR 43.50; THENCE N 00 °05'04" W AND PARALLEL WITH
AS MEASURED 60.00' PERPENDICULAR FROM THE EASTERLY LINE OF
SECTION 19 FOR 659.49' TO A POINT ON THE NORTHERLY LINE OF THE S/2
OF THE NEA OF THE NE /4; THENCE S 89 °59'19" E ALONG SAID NORTHERLY
LINE FOR 43.50' TO THE "POINT OF BEGINNING" OF SAID TRACT OF LAND.
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: ANA STAGG, P.E.
PUBLIC WORKS DIRECTOR
SUBJECT: GARNETT REGIONAL DETENTION FACILITY
ENGINEERING AGREEMENT
DATE: August 10, 2007
BACKGROUND:
In accordance with the 2005 Stormwater Master Plan, the improvements relate to the construction of a
67- acre -feet detention facility to remediate drainage issues at Ator Heights and provide additional
storage capacity for future development. The facility will be located near the Smith Farm Market in
the Northeast I/4 of the Northeast '/4 of Section 19 (T21N, R14EIM), property currently owned by
Owasso 20, LLC. The project is currently estimated at $3,000,000 to $3,500,000.
It is anticipated that the recommended facility would provide off -site detention for the new JCPenny
development; thus, engineering design must begin at once to ensure construction completion by spring
2008. On July 30, 2007, Meshek and Associates submitted an Engineering Services Agreement for
the preparation of construction documents for the Regional Detention Facility for a sum not to exceed
$150,000.00 for staff review (Attachment A). It is anticipated that staff will finalize the Scope of
Services by August 17, 2007 and seek a final Agreement for consideration by the Council at the
August 21, 2007 regular meeting.
FUNDING SOURCE:
Funding for the Engineering Services Agreement will be provided under Stormwater Management
Funds No. 27- 370 - 53001.
RECOMMENDATIONS:
Staff intends to recommend Council approval of the Agreement for Engineering Services with
Meshek and Associates for a fee not to exceed $150,000.00.
ATTACHMENTS:
A. Project Location Map
B. Engineering Contract Documents Meshek & Associates
ATTACHMENT B
Agreement
for
Engineering Services
96th Street North and Garnett Drainage Improvements
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, PLC, hereinafter referred to as ENGINEER;
WITNESSETH:
WHEREAS, CITY intends to construct a regional stormwater detention facility and certain
upstream drainage improvements, 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 PROJECT. The scope of the PROJECT is described in Attachment A,
SCOPE OF PROJECT, which is attached hereto and incorporated by reference as part
of this AGREEMENT.
2. SERVICES TO BE PERFORMED BY ENGINEER. ENGINEER shall perform the
SERVICES described in Attachment B, SCOPE OF SERVICES, which is attached
hereto and incorporated by reference as part of this AGREEMENT.
3. CITY'S RESPONSIBILITIES. CITY shall be responsible for all matters described in
Attachment C, RESPONSIBILITIES OF THE CITY, which is attached hereto and
incorporated by reference as part of this AGREEMENT.
4. COMPENSATION. CITY shall pay ENGINEER in accordance with Attachment D,
COMPENSATION, and further described in Attachment 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
AGREEMENT FOR ENGINEERING SERVICES- 96THGARNETT
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
AGREEMENT FOR ENGINEERING SERVICES- 96THGARNETT
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.
AGREEMENT FOR ENGINEERING SERVICES- 96THGARNETT
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, PLC
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.
AGREEMENT FOR ENGINEERING SERVICES- 96THGARNETT
16. UNCONTROLLABLE FORCES. Neither CITY nor ENGINEER shall be considered to
be in default of this AGREEMENT if delays in or failure of performance shall be due
to forces which are beyond the control of the parties; including, but not limited to:
fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance,
sabotage; inability to procure permits, licenses, or authorizations from any state,
local, or federal agency or person for any of the supplies, materials, accesses, or
services required to be provided by either CITY or ENGINEER under this
AGREEMENT; strikes, work slowdowns or other labor disturbances, and judicial
restraint.
17. SEVERABILITY. If any portion of this AGREEMENT shall be construed by a court
of competent jurisdiction as unenforceable, such portion shall be severed herefrom,
and the balance of this AGREEMENT shall remain in full force and effect.
18. INTEGRATION AND MODIFICATION. This AGREEMENT includes Attachments
A, B, C, D, E, and F, and represents the entire and integrated AGREEMENT between
the parties; and supersedes all prior negotiations, representations, or agreements
pertaining to the SCOPE OF SERVICES herein, either written or oral. CITY may
make or approve changes within the general Scope of Services in this
AGREEMENT. If such changes affect ENGINEER's cost of or time required for
performance of the services, an equitable adjustment will be made through an
amendment to this AGREEMENT. This AGREEMENT may be amended only by
written instrument signed by each of the Parties.
19. DISPUTE RESOLUTION PROCEDURE. In the event of a dispute between the
ENGINEER and the CITY over the interpretation or application of the terms of this
AGREEMENT, the matter shall be referred to the City's Director of Public Works for
resolution. If the Director of Public Works is unable to resolve the dispute, the matter
may, in the Director's discretion, be referred to the City Manager for resolution.
Regardless of these procedures, neither party shall be precluded from exercising any
rights, privileges or opportunities permitted by law to resolve any dispute.
20. ASSIGNMENT. ENGINEER shall not assign its obligations undertaken pursuant to
this AGREEMENT, provided that nothing contained in this paragraph shall prevent
ENGINEER from employing such independent consultants, associates, and
subcontractors as ENGINEER may deem appropriate to assist ENGINEER in the
performance of the SERVICES hereunder.
21. APPROVAL. It is understood and agreed that all work performed under this
AGREEMENT shall be subject to inspection and approval by the Public Works
Department of the City of Owasso, and any plans or specifications not meeting the
terms set forth in this AGREEMENT will be replaced or corrected at the sole expense
of the ENGINEER. The ENGINEER will meet with the City staff initially and
monthly thereafter and will be available for public meetings and /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.
AGREEMENT FOR ENGINEERING SERVICES- 96THGARNETT
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, PLC
Janet K. Meshek, PE, CFM
Date
CITY OF OWASSO. OKLAHOMA
City Clerk Mayor
Date
APPROVED AS TO FORM:
City Attorney
AGREEMENT FOR ENGINEERING SERVICES- 96THGARNETT
Agreement
for
Engineering Services
96th Street North and Garnett Drainage Improvements
Scope of Project
Attachment A
SCOPE OF PROJECT. The PROJECT shall consist of the preparation of preliminary and
final design phases and the preparation of construction plans and specifications for the
stormwater detention facility west of Garnett Road and upstream appurtenant drainage
improvements between Garnett Road and 96th Street North on Ranch Creek Tributary A.
The improvements include compliance with regulatory agencies including the Corps of
Engineers (404 permits), Oklahoma Water Resources Board (dam permit) and FEMA
(LOMR), as well as utility relocation coordination.
It is expected that there shall be three separate sets of construction documents which must
be prepared into in order to bring this PROJECT into being.
AGREEMENT FOR ENGINEERING SERVICES- 96THGARNETT
Agreement for Engineering Services for the
City of Owasso, Oklahoma
96th Street North and Garnett Drainage Improvements
Responsibilities of the City
Attachment C
RESPONSIBILITIES OF THE CITY. The CITY agrees:
C.1 Reports, Records, etc. To furnish, as required by the work, and not at 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.
C.5 Construction Administration Phase. Review and take appropriate action on
contractor shop drawings and material submittals, and review of contractor pay
estimates.
AGREEMENT FOR ENGINEERING SERVICES- 96TH GARNETT
Agreement for Engineering Services for the
City of Owasso, Oklahoma
96th Street North and Garnett Drainage Improvements
Compensation
Attachment D
COMPENSATION.The CITY agrees to pay, as compensation for services set forth
in Attachment B, the following fees, payable monthly as 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
$150,000 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
D.3.2
D.3.3
D.4
D.5
Travel and subsistence shall be compensated for at actual cost. Local
travel by personal or firm automobile shall be compensated for at $.485
per mile.
Printing expenses shall be compensated for as shown in
ATTACHMENT E.3.
Any other direct costs shall be compensated for at actual cost.
Additional Services. Unless otherwise provided for in any accepted
and authorized proposal for additional services, such services shall be
compensated for on the same basis as provided for in D.2 and D3.
Terminated Services
If this AGREEMENT is terminated,
ENGINEER shall be paid for services performed to the effective date of
termination as follows:
AGREEMENT FOR ENGINEERING SERVICES- 96THGARNETT
D.5.1 For hourly services as presented in D.2.
D.6 Conditions of Payment.
D.6.1 Progress payments shall be made in proportion to services rendered
and expenses incurred as indicated within this AGREEMENT and
shall be due and owing within thirty days of ENGINEER'S submittal
of his progress payment invoices.
D.6.2 If CITY fails to make payments due ENGINEER within sixty days of
the submittal of any progress payment invoice, ENGINEER may, after
giving fifteen days written notice to CITY, suspend services under this
AGREEMENT.
D.6.3 If the PROJECT is delayed, or if ENGINEER'S services for the
PROJECT are delayed or suspended for more than ninety days for
reasons beyond ENGINEER'S control, ENGINEER may, after giving
fifteen days written notice to CITY, request renegotiation of
compensation.
AGREEMENT FOR ENGINEERING SERVICES- 96THGARNETT
Agreement for Engineering Services for the
City of Owasso, Oklahoma
96th Street North and Garnett Drainage Improvements
Billing Rate Sheet
Attachment E
Hourly Rates For: Meshek & Associates, Inc. Amount ($ /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 $0.445 /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
EA Miscellaneous expenses and fees:
At Cost
AGREEMENT FOR ENGINEERING SERVICES- 96THGARNETT
Agreement for Engineering Services for the
City of Owasso, Oklahoma
96th Street North and Garnett Drainage Improvements
Schedule
Attachment F
F. SCHEDULE. The schedule for the preliminary design and final design phases of
the 96th Street North and Garnett Drainage Improvements project are provided as
follows:
F.1. Following completion of the preliminary grading (Item B.1.1), surveying for the
work decribed in B.1.2 will be completed within 2 weeks.
F.2 Preliminary design and preliminary probable construction cost estimate for the work
described in B.1.2 will be completed by October 1, 2007.
F.3 Following completion of the preliminary grading (Item B.1.1), geotechnical work for
the work decribed in B.1.2 will be completed within 2 weeks.
F.4 Following review by the City of Owasso, final Design and final probable
construction cost estimate for the work described in B.1.2 will be completed by
December 1, 2007 for bidding.
F.5 Geotechnical work for the work decribed in B.1.3 will be completed within 4 weeks
from the Notice to Proceed.
F.6 Surveying for the work decribed in B.1.3 will be completed within 2 weeks from the
Notice to Proceed.
F.7 Preliminary design and preliminary probable construction cost estimate for the work
described in B.1.3 will be completed by November 1, 2007.
F.8 Following review by the City of Owasso, final Design and final probable
construction cost estimate for the work described in B.1.2 will be completed by
January 2, 2008 for bidding.
F.9 This schedule is based on a Notice to Proceed on August 22, 2007
AGREEMENT FOR ENGINEERING SERVICES- 96THGARNETT
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: JULIE TROUT LOMBARDI
CITY ATTORNEY
SUBJECT: PROPOSED SOCIAL HOST ORDINANCE
DATE: August 10, 2007
BACKGROUND
Law enforcement officials, on both a national and local level, are expressing increasing concerns
regarding the escalating use of alcohol by juveniles in social settings. Of particular concern are
parties held in private residences or other non - public settings where alcohol is readily available
to minors. While some of these social functions may be held in a residence during the absence
of a minor's parents, a trend is developing whereby parents of a minor or other adults may be
present in the home while alcohol is being consumed by underage juveniles, and may even be
aware that alcohol is being used, and yet take no action to intervene or curtail the alcohol use.
Further still, in an alarming number of cases, parents or another adult may actually procure and
provide the alcohol to juveniles attending a party in their residence.
The rationale of parents and other adults who permit or provide alcohol to be consumed by
juveniles in attendance at a party in their homes or other private setting are varied, and may be
intended to prevent juveniles from consuming alcoholic beverages and driving. However, in
many instances, underage youth do end up driving and riding in automobiles at the conclusion of
the party, thereby posing a grave danger to themselves and others. In addition, significant
demands are made upon police manpower and resources, given that the police are frequently
called to the scene of such parties to address noise complaints, rowdy behavior, physical
altercations and property damage.
Remedial options available to law enforcement officials summoned to a social event attended by
underage juveniles who are consuming alcohol are limited. Juveniles who are intoxicated and
who are on private property may not be charged with public intoxication. Likewise, juveniles
who have consumed alcohol, and yet are not holding a can, cup or bottle of alcohol when police
officers arrive, most usually cannot be charged under state statutes or local ordinances penalizing
minors who are in possession of alcoholic beverages. These circumstances result in an inability
of police officers to arrest or issue a citation to the juvenile who is consuming the alcohol.
Notifying the juvenile's parents by telephone and requesting that the juvenile be picked up is
often the only recourse left to police officers in these situations. It is generally believed by
officers in the City of Owasso's Police Department that these limited measures are ineffective
1
and insufficient to discourage, reduce or prevent alcohol consumption by minors in these private
party settings.
In an effort to directly address the issue of juvenile alcohol consumption at private residential
parties, a number of municipalities have adopted preventative local laws commonly known as
"Social Host" ordinances. In Oklahoma, the municipalities of Enid, Yukon and Edmond have
recently adopted ordinances of this type. These ordinances focus upon the criminal conduct of
the parents or adults supplying the alcohol rather than upon the juveniles consuming the alcohol.
Preliminary reports indicate that penalizing the adults, who provide or knowingly allow
consumption of alcohol in their homes by underage youth, is significantly more effective than
citing the juveniles themselves for consuming or possessing the alcohol.
This ordinance is intended to apply to any parent, guardian or other adult who knowingly hosts,
permits or allows a party, gathering or event where minors are present and are consuming
alcoholic beverages. In addition, the ordinance would also be applicable to a minor who is in
control of a gathering on private property, in the absence of a supervising adult. This provides
police officers with authority to order a minor, whose parents are not present, to immediately
disperse a private gathering, and, additionally, to cite the minor for violating this ordinance if the
officers deem it appropriate. Essentially, this ordinance imposes penalties upon any person who
has control of a private residence, or other private property, who fails to take reasonable steps to
prevent the consumption of alcohol by underage youth at any social gathering. "Reasonable
steps" may include verifying age by inspecting drivers' licenses or other identification cards,
and, perhaps most importantly, actually supervising the social gathering and the activities taking
place.
Nothing within the ordinance prohibits the consumption of alcohol by a minor at a family
activity within the family home under the supervision of a parent or guardian. Likewise, the
ordinance is not applicable to a religious activity unless the minor leaves the activity intoxicated
and is in a public place.
This ordinance represents the next step which needs to be taken in the City of Owasso's
comprehensive effort to provide protection to the city's youth. The intent of the ordinance is
three -fold. First, it seeks to discourage parents and other adults from allowing youth under their
supervision to consume alcohol. Second, the ordinance seeks to provide the City's police
officers with the authority needed to effectively respond when called to a residence or other
private premises where youth are consuming alcohol. Finally, enactment of this ordinance
signifies yet again the commitment by the City of Owasso to protect youth from alcohol use and
its consequences.
RECOMMENDATION
Staff intends to recommend Council approval of this ordinance.
ATTACHMENT:
Proposed Ordinance
2
TY OF OWASSO, OKLAHOMA
PROPOSED ORDINANCE
AN ORDINANCE RELATING TO PART 10, OFFENSES AND CRIMES, CHAPTER 4,
OFFENSES AGAINST THE HEALTH, WELFARE AND MORALS, OF THE CODE OF
ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY
IMPOSING PENALTIES UPON PERSONS WHO PERMIT OR ALLOW GATHERINGS
WHERE ALCOHOL IS SERVED TO MINORS.
THIS ORDINANCE AMENDS PART 10 OF THE CITY OF THE OWASSO CODE OF
ORDINANCES BY CREATING SECTION 10 -423, PERMITTING OR ALLOWING
GATHERINGS WHERE ALCOHOL IS SERVED TO MINORS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA,
THAT, TO -WIT:
SECTION ONE (1): Part 10, Offenses and Crimes, Chapter 4, Offenses Against the Health,
Welfare and Morals, 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 -423 PERMITTING OR ALLOWING GATHERINGS WHERE ALCOHOL
IS SERVED TO MINORS
1. Definitions. For the purposes of Section 10 -423, the following definitions shall apply:
"Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or
by whatever process produced.
"Alcoholic beverage" include alcohol, spirits, liquor, wine, beer and every liquid or solid containing
alcohol, spirits, wine or beer and which contains one -half of one (1) percent or more of alcohol by
volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with
other substances. This term includes intoxicating beverages and low point beer as defined herein.
"Gathering" is a parry, gathering, or event, where a group of three or more persons have assembled
or are assembling for a social occasion or social activity.
"Intoxicating Beverage" includes beverages containing more than three and two- tenths percent
(3.2 %) alcohol by weight.
"Legal Guardian" means (1) a person who, by court order, is the guardian of a minor; or, (2) a
public or private agency with whom a minor has been placed by the court.
"Low Point Beer" means and includes beverages containing more than one -half of one percent (1/2
of 1 %) alcohol by volume, and not more than three and two- tenths percent (3.2 %) alcohol by weight,
including but not limited to beer or cereal malt beverages obtained by the alcoholic fermentation of
an infusion of barley or other grain, malt or similar product.
"Minor" means any person under twenty -one (2 1) years of age.
"Parent" means a person who is a natural parent, adoptive parent, foster parent, or stepparent of
another person.
"Premises" means any residence or other private property, place or premises, including any
commercial or business premises.
2. Consumption of Alcohol by Minor in Public Place, Place Open to Public, or Place Not Open to
Public.
A. Except as permitted by state law, it is unlawful for any minor to:
(1) consume any alcoholic beverage at any public place or any place open to the
public;
(2) consume any alcoholic beverage at any place not open to the public, unless that
minor is being supervised by his or her parent or legal guardian; or
(3) host, permit, or allow a party, gathering, or event where minors consuming
alcoholic beverages are permitted:
(a) It is the duty of any person having control of any premises, who knowingly
hosts, permits, or allows a gathering at said premises to take all reasonable steps to prevent the
consumption of alcoholic beverages by any minor at the gathering. Reasonable steps are controlling
access to alcoholic beverages at the gathering; controlling the quantity of alcoholic beverages present
at the gathering; verifying the age of persons attending the gathering by inspecting drivers' licenses
or other government- issued identification cards to ensure that minors do not consume alcoholic
beverages while at the gathering; and supervising the activities of minors at the gathering.
(b) It is unlawful for any person having control of any premises to knowingly
host, permit, or allow a gathering to take place at said premises where at least one minor consumes
an alcoholic beverage, whenever the person having control of the premises either knows a minor has
consumed an alcoholic beverage or reasonably should have known that a minor consumed an
alcoholic beverage had the person taken all reasonable steps to prevent the consumption of an
alcoholic beverage by a minor as set forth in subsection 2.A(3)(a) of this Section.
(c) This Section shall not apply to conduct involving the use of alcoholic
beverages that occurs exclusively between a minor and his or her parent or legal guardian.
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 an ordinance to be codified
in Part 10, Chapter 4, as section 10 -423, "Permitting or Allowing Gatherings Where Alcohol is
Served to Minors."
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
Julie Lombardi, City Attorney
3
'AffiIyi
MEMORANDUM
TO: HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: ERIC WILES
COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: PELIVAN PUBLIC TRANSPORTATION SERVICE
DATE: August 3, 2007
BACKGROUND:
Over the past twelve months, the Owasso Community Resources Center (OCR) has
identified public transportation as a primary area of concern facing Owasso citizens who
do not have consistent means of private transportation. Based on this finding, OCR
contacted Pelivan Transit to investigate the potential of providing public transportation to
the Owasso area.
Pelivan Transit is a demand - response transportation service operated by the Grand
Gateway Economic Development Association that focuses on providing transportation to
senior citizens and individuals who do not consistently have a private means of
transportation. This year, Pelivan has received a federal grant that would enable the
organization to expand its operations into Owasso with two new six - passenger minivans.
While this grant would cover the majority of costs for such an expansion of services, a
local match requirement is necessary to complete the funding for the program.
PROJECT DESCRIPTION:
Pelivan Transit is a non - profit organization that operates primarily on funding from
governmental and corporate entities, including federal and state grants, municipalities,
casinos, and Tyson Foods. Started in 1985, Pelivan currently provides service to five
counties in northeastern Oklahoma with a fleet of 28 vehicles comprised mainly of
minivans. The organization is headquartered in Big Cabin, Oklahoma in the offices of
Grand Gateway, a council of governments that serves northeastern Oklahoma in a
manner similar to INCOG, which serves the Tulsa area.
While Pelivan's transportation services are available to everyone, the organization
focuses on transporting elderly citizens and disabled citizens to destinations such as
doctor's offices and shopping centers. Pelivan proposes to assign two vehicles and one
dispatcher in Owasso beginning on October 1, 2007. The service would be provided
Monday through Friday from 8:00 am to 4:00 pm. While the location of the program in
Owasso has not yet been confirmed, there is space available in the Owasso Community
Center that Pelivan can use as a point of dispatch for their operations. Pelivan has not
conducted a ridership survey of the Owasso area. However, their statistics indicate that
over the past three years, their ridership in existing service areas averages 17 rides a day
per vehicle.
In anticipation of expanding the service to Owasso, Pelivan has prepared the following
tentative fares schedule:
City:
Rural Route:
Variable Distance Fare:
Airport/Bus Lines Shuttle:
Road -to -Work:
PROJECT COST:
Under 60 years /age
$2.00 /one way
$3.00 /one way
$0.50 /mile
24hr reservation/varies
$1.75 /one way
Over 60 years /age
$1.75 /one way
$2.50 /one way
$0.50 /mile
24hr reservation/varies
$1.75 /one way
The total first -year cost of the service is $235,730. For this cost, $150,805 in federal
grant funding has already been approved. The remainder of the cost that needs to be
covered is $84,925.
Based on input from the community, Pelivan decided to apply for the grant that would
allow them to offer services in Owasso. A series of three different meetings and public
hearings were conducted in order to solicit parties to form a consortium of Owasso
businesses to share in the local match costs. The City of Owasso, Baptist Retirement
Village, two Owasso hospitals and Rejoice Church attended the meetings and expressed
interest and support for the program. After the third and final meeting to form the
consortium, the City and Baptist Village remained as the only organizations considering
financial support for the program.
POSSIBLE FUNDING OPTIONS:
In anticipation of the Pelivan program, the City included with the FY2007 -2008 budget
$10,000 as matching funds for the service. At the time the budget was being developed,
it was anticipated that several businesses would join the consortium to pay for the local
cost requirement of the grant, and that the cost to each participant would be decreased
because of the number of participating entities.
As a second funding option, Pelivan has applied for a state start-up "Revolving Fund
Grant" to provide $67,875 to help pay for the remainder of the cost, but it is unknown
whether that grant will be approved.
Another potential source of funding for the program is the Baptist Retirement Village.
The Director of Services for the Baptist Village, Mr. Mike Shawn, has stated his intention
to provide $3,000 towards the Pelivan program in its first year. Also, Mr. Shawn has
indicated in previous discussions that if a service like Pelivan is not provided soon, the
Baptist Village may be compelled to provide a similar service for their residents "within
the next few years."
Pelivan is also pursuing advertising funds for its program. The organization estimates
that in return for vehicle advertisements, the program could receive up to $24,000 a year.
Should all four of these additional funding sources prove fruitful, Pelivan could receive
up to nearly $105,000 to help pay for its first year of operation in Owasso. However, not
all of this funding has been secured, and it is unknown how much of the required cost
will remain unfunded.
An item has been placed on the worksession agenda for next Tuesday, so that further
discussion regarding the City's participation in assisting with the delivery of a demand
response transportation system in Owasso can be held.