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2023.04.18_City Council Agenda
PUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL Council Chambers Old Central Building 109 North Birch, Owasso, OK Tuesday, April 18, 2023 - 6:30 PM NOTE: APPROPRIATE ACTION may include, but is not limited to: ackno awarding, denying, postponing, or tabling. AGENDA 1. Call to Order -Mayor Kelly Lewis 2. Invocation - Pastor Noah McCormick of Central Baptist Church 3. Flag Salute 4. Roll Call affirming, amending, approving, authorizing, RECEIVED APR 14 2023 City Clerk's Office 5. Presentation of a Certificate of Accreditation declaring Owasso as a Storm Ready Community Ed Calianese, Warning Coordination Meteorologist, Tulsa National Weather Service Forecast Office 6. Consideration and appropriate action relating to the Consent Agenda. (All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes - April 4, 2023, and April 11, 2023, Regular Meetings B. Approve claims 7. Consideration and appropriate action relating to items removed from the Consent Agenda 8. Consideration and appropriate action relating to the appointment of a City Councilor to serve on the Board of Directors of the Owasso Chamber of Commerce Mayor Lewis 9. Consideration and appropriate action relating to a final plat for Cypress Crossing Apartments, containing approximately 20.79 acres and located north of East 99th Street North and east of North Owasso Expressway Alexa Beemer Staff recommends approval of the Final Plat. 10. Consideration and appropriate action relating to Ordinance 1208, approving the annexation (OA 23- 01) of approximately 2.49 acres located at 11428 North 129th East Avenue and amending the zoning designation (OZ 23-03) from Agricultural - Residential (AG-R) to Commercial Shopping (CS) Wendy Kramer Staff recommends adoption of Ordinance 1208. 11. Consideration and appropriate action relating to bids received for outdoor audio equipment at Redbud Festival Park Larry Langford Staff recommends awarding the bid to All Media Integration of Tulsa, Oklahoma in the amount of $55,295.45 and authorization to execute all necessary documents. 12. Consideration and appropriate action relating to a professional service agreement for the Park's Office Building Project Larry Langford Staff recommends approval of an engineering service agreement with k+d architects of Owasso, Oklahoma, in an amount not to exceed $58,350.00 and authorization to execute all necessary documents. Owasso City Council April 18, 2023 Page 2 13. Consideration and appropriate action relating to Resolution 2023-09, authorizing an application for Surface Transportation Block Grant funding forthe East 86th Street North from North Main Street to Garnett Road Widening Project Dwayne Henderson Staff recommends approval of Resolution 2023-09. 14. Consideration and appropriate action relating to an amendment to the Annual Street Rehabilitation Program, 2022 priority list Roger Stevens Staff recommends approval to amend the 2022 project priority list to include improvements on East 76th Street North from North 129th East Avenue to North 145th East Avenue, 15. Consideration and appropriate action relating to a beneficiary agreement between the Board of Commissioners of Tulsa County and the City of Owasso for the receipt of American Rescue Plan Act (ARPA) funds Roger Stevens Staff recommends approval of the Beneficiary Agreement to receive a not -to- exceed amount of $2,417,450.00 in American Rescue Plan Act Funds, and authorization to execute all necessary documents. 16. Consideration and appropriate action relating to an interlocal agreement between the Board of Commissioners of Tulsa County and the City of Owasso for the East 76th Street North Improvements from North 129th East Avenue to North 145th East Avenue Roger Stevens Staff recommends approval of the Interlocal Agreement for paving assistance on East 76th Street North from North 129th East Avenue to North 145th East Avenue, authorization to execute all necessary documents, and authorization for payment to Tulsa County in an amount not to exceed $100,000.00. 17. Consideration and appropriate action relating to an amendment to engineering services for the East 106th Street North and North 129th East Avenue Intersection Improvement Project Roger Stevens Staff recommends authorization for payment of Amendment No. 2 to the Agreement for Engineering Services for the design of the East 106th Street North and North 129th East Avenue Intersection Improvement Project with Garver, LLC, Tulsa, Oklahoma, in the amount of $10,900.00 and authorization to execute all necessary documents. 18. Consideration and appropriate action relating to an agreement for the purpose of leasing fleet vehicles Chris Garrett Staff recommends approval of an Open-End (Equity) Lease from Enterprise Fleet Management, Inc., of Clayton, Missouri, for a lease period of forty-eight months, contingent upon annual appropriations by the City Council, and authorization to execute all necessary documents to lease five 2023 RAM 1500 Pickup Trucks for $857.84 /Month per vehicle, one 2023 RAM 1500 Pickup Truck for $927.59 /Month, and three 2023 RAM 2500 Pickup Trucks for $995.47/Month per vehicle. 19. Discussion relating to the 2023 Mayor and Vice Mayor election process Mayor Lewis 20. Report from City Manager 21. Report from City Attorney Owasso City Council April 18, 2023 Page 3 22. Report from City Councilors 23. Official Notices (documents for acknowledgment of receipt or information only, no discussion or action will be taken) • Payroll Payment Report - Pay Period Ending Date April 8, 2023 • Health Care Self- Insurance Claims - dated as of April 12, 2023 • Monthly Budget Status Report - March 2023 • Oklahoma Department of Environmental Quality Permit No. SL000072230162 Larkin Bailey Foundation Sanitary Sewer 24. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 25. Adjournment Notice of Public Meeting filed in the office of the City Clerk on Friday, December, 9, 2022, and the Agenda posted at City Hall, 200 South Main Street, at 3:00 pm on Friday, April 14, 2023. M. Stevens, The City of Owasso encourages citizen participation. To request an accommodation due to a disability, contact the City Clerk at least 48 hours prior to the scheduled meeting by phone 918- 376 -1502 or by email to istevens@citvofowosso.com OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING TUESDAY, APRIL 4, 2023 The Owasso City Council met in regular session on Tuesday, April 4, 2023, in the Council Chambers at Old Central, 109 North Birch, Owasso, Oklahoma per the Notice of Public Meeting filed Friday, December 9, 2022; and the Agenda filed in the office of the City Clerk and posted at City Hall, 200 South Main Street, at 2:00 pm on Friday, March 31, 2023. 1. Call to Order - Mayor Kelly Lewis called the meeting to order at 6:30 pm. 2. Invocation - The Invocation was offered by Lead Pastor Kade Young of No Limits Church. 3. Flag Salute - Councilor Bonebrake led the flag salute. 4. Roll Call - A quorum was declared present. Present Absent Mayor- Kelly Lewis Councilor- Bill Bush Vice Mayor- Alvin Fruga Councilor - Doug Bonebrake Councilor- Lyndell Dunn Staff: City Manager - Warren Lehr / City Attorney - Julie Lombardi 5. Presentation of Character Trait of Humility Mike Henry, Character Council Member, presented the character trait for the month of April. 6. Consideration and appropriate action relating to the Consent Agenda. (All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes - March 21, 2023, Regular Meeting B. Approve claims C. Accept public infrastructure improvements of a concrete approach, sidewalk and water /fire line taps located at 9155 North Owasso Expressway (Caliber Collision) Mr. Bonebrake moved, seconded by Mr. Fruga to approve the Consent Agenda as presented, with claims totaling $621,541.23. YEA: Bonebrake, Dunn, Fruga, Lewis NAY: None Motion carried: 4-0 7. Consideration and appropriate action relating to items removed from the Consent Agenda - None 8. Consideration and appropriate action relating to an executive session, as provided for in Title 25, O.S. § 307(B)(4), for the purposes of discussing confidential communication between the City Council and its Attorney concerning approval of Resolutions 2023-04, 2023-05, 2023-06, 2023-07, and 2023-08 pertaining to potential settlements in the Opioid Litigation Julie Lombardi recommended to enter into executive session. Mr. Bonebrake moved, seconded by Mr. Dunn to enter into executive session, as recommended. YEA: Bonebrake, Dunn, Fruga, Lewis NAY: None Motion carried: 4-0 At 6:37 pm, the City Council along with Warren Lehr, Julie Lombardi, Chris Garrett, and Matt Sill entered into executive session. At 6:52 pm, the City Council exited executive session and returned to open session. Owasso City Council April 4, 2023 Page 2 9. Consideration and appropriate action relating to Resolution 2023-04, regarding Owasso's participation in the Teva Pharmaceutical Industries, Lt. (Teva) Settlement Agreement, the Teva State - Subdivision Agreement, and the Teva State Back -Stop Agreement, and executing necessary additional documents Matt Sill presented the item. There were no comments from the audience. Mr. Bonebrake moved, seconded by Mr. Dunn to approve Resolution 2023-04. YEA: Bonebrake, Dunn, Fruga, Lewis NAY: None Motion carried: 4-0 10. Consideration and appropriate action relating to Resolution 2023-05, regarding Owasso's participation in the Allergan Finance L.L.C. and Allergan Limited (f /k /a Allergan plc, which, in turn, was f /k /a Actavis pis (collectively "Allergan ") Settlement Agreement, the Allergan State - Subdivision Agreement, and the Allergan State Back -Stop Agreement, and executing necessary additional documents Matt Sill presented the item. There were no comments from the audience. Mr. Dunn moved, seconded by Mr. Bonebrake to approve Resolution 2023-05. YEA: Bonebrake, Dunn, Fruga, Lewis NAY: None Motion carried: 4-0 11. Consideration and appropriate action relating to Resolution 2023-06, regarding Owasso's participation In the CVS Health Corporation and CVS Pharmacy, Inc. (collectively "CVS ") Settlement Agreement, Retailer State- Subdivision Agreement, and the CVS State Back -Stop Agreement, and executing necessary additional documents Matt Sill presented the item. There were no comments from the audience. Mr. Dunn moved, seconded by Mr. Fruga to approve Resolution 2023-06. YEA: Bonebrake, Dunn, Fruga, Lewis NAY: None Motion carried: 4-0 12. Consideration and appropriate action relating to Resolution 2022-07, regarding Owasso's participation in the Walgreens Co. (Walgreens) Settlement Agreement, Retailer State - Subdivision Agreement, and the Walgreens State Back -Stop Agreement, and executing necessary additional documents Matt Sill presented the item. There were no comments from the audience. Mr. Dunn moved, seconded by Mr. Bonebrake to approve Resolution 2023-07. YEA: Bonebrake, Dunn, Fruga, Lewis NAY: None Motion carried: 4-0 13. Consideration and appropriate action relating to Resolution 2023-08, regarding Owasso's participation in the Walmart, Inc. (Walmart) Settlement Agreement, Retailer State - Subdivision Agreement, and the Walmart State Back -Stop Agreement, and executing necessary additional documents Matt Sill presented the item. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Fruga to approve Resolution 2023-08. YEA: Bonebrake, Dunn, Frugal, Lewis NAY: None Motion carried: 4-0 14. Consideration and appropriate action relating to Ordinance 1207, amending Part 1, Chapter 2, Section 1 -201, of the Code of Ordinances of the City of Owasso, by establishing new boundaries for the five (5) City Council wards Juliann Stevens presented the item, recommending adoption of Ordinance 1207. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn to adoption of Ordinance 1207, as recommended. YEA: Bonebrake, Dunn, Fruga, Lewis NAY: None Motion carried: 4-0 Owasso City Council April 4, 2023 Page 3 15. Consideration and appropriate action relating to the renewal of a contract for audit services for Fiscal Year ending June 30, 2023 Carly Novozinsky presented the item, recommending approval of the contract with BT & Co., PA of Topeka, Kansas, in the amount of $52,000, related to auditing services for the City and its Trust Authorities; and $4,000, each, for any federal grant audits required under the Single Audit Act. There were no comments from the audience. After discussion, Mr. Dunn moved, seconded by Mr. Bonebrake to approve the contract, as recommended. YEA: Bonebrake, Dunn, Fruga, Lewis NAY: None Motion carried: 4-0 16. Consideration and appropriate action relating to a contract for the U.S. Highway 169 right -of -way mowing Larry Escalonta presented the item, recommending to award the base project and alternate to Lot Maintenance of Oklahoma, Inc. of Broken Arrow, Oklahoma, in the amount of $9,928.00 per mowing, and authorization to execute the necessary documents. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Ms. Lewis to award the project and authorize execution of the necessary documents, as recommended. YEA: Bonebrake, Dunn, Fruga, Lewis NAY: None Motion carried: 4-0 17. Consideration and appropriate action relating to the purchase of right -of -way for the East 106th Street North and North 129th East Avenue Intersection Improvement Project Roger Stevens presented the item, recommending authorization for payment in the amount of $68,850.00 to Dunaway Family Revocable Trust, for the acquisition of right -of -way and compensation for easement and damages, located at 12930 East 106th Street North. There were no comments from the audience. Mr. Bonebrake moved, seconded by Ms. Lewis to authorize payment, as recommended. YEA: Bonebrake, Dunn, Fruga, Lewis NAY: None Motion carried: 4-0 18. Consideration and appropriate action relating to a contract for the performance of janitorial services in various city parks Larry Langford presented the item, recommending approval to enter into a contract with Jani-King Janitorial Services of Tulsa, Oklahoma, in the amount of $4,302.00 per month for March through November and $1,229.00 per month for December through February, and authorization to execute all necessary documents. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn to approve the contract and authorize execution of all necessary documents, as recommended. YEA: Bonebrake, Dunn, Fruga, Lewis NAY: None Motion carried: 4-0 19. Consideration and appropriate action relating to the bids received for the mowing of various city park locations Larry Langford presented the item, recommending to award a park mowing contract to Barham Lawn Care and Horoscopes of Claremore, Oklahoma, in the amount of $80.00 per mowing for Ator Park, $220.00 per mowing for Elm Creek Park, $160.00 per mowing for Rayola Park, and $55.00 per mowing for Skate Park; and awarding a park mowing contract to Turfworx, LLC of Owasso, Oklahoma, in the amount of $52.00 per mowing for Veterans Park and $165.00 per mowing for McCarty Park, and authorization to execute all necessary documents. There were no comments from the audience. After discussion, Mr. Dunn moved, seconded by Mr. Bonebrake to award the contracts and authorize execution of all necessary documents, as recommended. YEA: Bonebrake, Dunn, Fruga, Lewis NAY: None Motion carried: 4-0 Owasso City Council April 4, 2023 Page 4 20. Report from City Manager Warren Lehr introduced Roger Stevens to provide the monthly Public Works project status report and discussion was held. Mr. Lehr reported on the start of the Yard Waste Program, the Free Landfill Day to be held on April 15th and the Lawn and Garden Spring Fling to be held on April 22nd. 21. Report from City Attorney - None 22. Report from City Councilors Councilor Bonebrake recognized on Councilor-Elect Paul Loving in attendance. Mayor Lewis commented on the Mayor's Water Challenge. 23. Official Notices - The Mayor acknowledged receipt of the following: • Payroll Payment Report - Pay period ending date of March 25, 2023 • Health Care Self- Insurance Claims - dated as of March 30, 2023 • Oklahoma Department of Environmental Quality Permit No. SL000072230069 Sanitary Sewer for Morrow Place Phase 3 • Oklahoma Department of Environmental Quality Permit No. SL000072230126 Sanitary Sewer Main Extension for Tyner House Apartments • Oklahoma Department of Environmental Quality Permit No. SL000072230051 Sanitary Sewer to serve Roots Coffee 24. New Business - None 25. Adjournment Mr. Bonebrake moved, seconded by Mr. Dunn to adjourn the meeting. YEA: Bonebrake, Dunn, Fruga, Lewis NAY: None Motion carried: 4-0 and the meeting adjourned at 7:37 pm. Kelly Lewis, Mayor Juliann M. Stevens, City Clerk OWASSO CITY COUNCIL, PUBLIC WORKS AUTHORITY, AND PUBLIC GOLF AUTHORITY MINUTES OF JOINT REGULAR MEETING TUESDAY, APRIL 11, 2023 The Owasso City Council, Owasso Public Works Authority (OPWA), and Owasso Public Golf Authority (OPGA) met in a joint regular meeting on Tuesday, April 11, 2023, in the Council Chambers at Old Central, 109 North Birch Street, Owasso, Oklahoma, per the Notice of Public Meeting filed Friday, December 9,2022; and the Agenda filed in the office of the City Clerk and posted at City Hall, 200 South Main Street, at 4:00 pm on Friday, April 7, 2023. 1. Call to Order /Roll Call - Mayor /Chair Kelly Lewis called the meeting to order at 6:00 pm. A quorum was declared present. Present Absent Mayor /Chair - Kelly Lewis Councilor /Trustee - Bill Bush Vice Mayor /Vice Chair -Alvin Fruga Councilor /Trustee - Doug Bonebrake Councilor /Trustee - Lyndell Dunn Staff: City /Authority Manager- Warren Lehr; Assistant City /Authority Manager- Chris Garrett; City /Authority Attorney - Julie Lombardi 2. Discussion relating to Fiscal Year 2023-2024 Budget Calendar Carly Novozinsky presented the item and discussion was held. 3. Discussion relating to Community Development items A. Request for final plat - Cypress Crossing Apartments, approximately 20.79 acres located north of East 991h Street North and east of North Owasso Expressway B. Request for annexation (OA 23-01) of approximately 2.49 acres located at 11428 North 129th East Avenue and rezoning (OZ 23-03) from Agricultural- Residential (AG-R) to Commercial Shopping (CS) Alexo Beemer presented item A and discussion as held. Wendy Kramer presented item B and discussion was held. It was further explained these items would be placed on the April 18, 2023, City Council agenda for consideration and action. 4. Discussion relating Public Works items A. East 86th Street North from North Main Street to North Garnett Road Widening Project, application for Surface Transportation Block Grant funding B. Proposed Beneficiary Agreement between the Board of County Commissions of Tulsa County and the City of Owasso for the disbursement of $2,417,450.00 in American Rescue Plan Act (ARPA) funds eligible under the water and sanitary sewer infrastructure category C. Proposed amendment to the 2022 Street Rehabilitation Program priority project list to include East 76th Street North from North 129th East Avenue to North 145th East Avenue Dwayne Henderson presented item A and discussion was held. Roger Stevens presented items B and C and discussion was held. It was further explained these items would be placed on the April 18, 2023, City Council agenda for consideration and action. 5. Discussion relating to the evaluation process and employment contracts for the City Manager and the City Attorney Michele Dempster presented the item and discussion was held. 6. Discussion relating to City /Authority Manager items A. City Hall elevator renovation project update B. City facilitation of adult softball leagues C. Annual appointments - various citizen boards and committees D. Monthly sales tax report and revenue outlook E. City Manager report Warren Lehr presented items A and B, discussion was held. Julie Stevens presented item C and discussion was held. Carly Novozinsky presented item D and discussion was held. Mr. Lehr reported Owasso City Council, OPWA & OPGA April 11, 2023 Page 2 on the free land fill day to be held on April 15th, the Annual Economic Summit to be held on April 18th, the Lawn and Garden Spring Fling to be held on April 22nd, and a discussion item will be placed on the April 18th City Council agenda for discussion relating to the 2023 Mayor and Vice Mayor election process. 7. City Councilor /Trustee comments and inquiries Councilor Bonebrake commented on the election of the Mayor and Vice Mayor. 8. Adjournment The meeting adjourned at 6:57 pm. Kelly Lewis, Mayor/Chair Juliann M. Stevens, City Clerk Claims List - 04118/2023 Fund Vendor Name Payable Description Payment Amount 01 GENERAL ENTERPRISE FM TRUST FLEET LEASE $962.36 JPMORGAN CHASE BANK L &W SUP - CEILING TILES $163.31 JPMORGAN CHASE BANK LOWES- DRYWALL REPAIR $31.62 JPMORGAN CHASE BANK PIKEPASS -FEES $14.20 UNIFIRST HOLDINGS LP UNIFORMS $22.50 VERIZON WIRELESS WIRELESS CONNECTION $40.01 BUILDING MAINTENANCE -Total $1,234.00 ENTERPRISE FM TRUST FLEET LEASE $1,181.46 JPMORGAN CHASE BANK AMAZON- EQUIPMENT $861.71 JPMORGAN CHASE BANK AMAZON- REFUND ($89.00) JPMORGAN CHASE BANK AMAZON- SUPPLIES $327.98 JPMORGAN CHASE BANK AMAZON- UNIFORM $57.99 JPMORGAN CHASE BANK ASSEMBLE PROD -EQUIP $78.34 JPMORGAN CHASE BANK BILLIEBARS- EQUIPMENT $400.00 JPMORGAN CHASE BANK FENIEX- EQUIPMENT $4,761.31 JPMORGAN CHASE BANK FULLERTON- SUPPLIES $26.50 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $50.12 JPMORGAN CHASE BANK MIDWEST VET - SUPPLIES $206.09 JPMORGAN CHASE BANK TOMMYS- SERVICE $75.98 JPMORGAN CHASE BANK WALMART- SUPPLIES $175.86 JPMORGAN CHASE BANK WATERSTONE- UNIFORM $70.00 TREASURER PETTY CASH TRAVEL MEAL - ARNOLD $8.70 VERIZON WIRELESS WIRELESS CONNECTION $115.75 GEN ANIMAL CONTROL -Total $8,308.79 JPMORGAN CHASE BANK BROWNCO- COMPACTOR $295.00 UNIFIRST HOLDINGS LP UNIFORM SERVICES $19.48 GEN CEMETERY -Total $314.48 JPMORGAN CHASE BANK HOBBY LOBBY - SUPPLIES $23.96 JPMORGAN CHASE BANK PARKS COFFEE - SUPPLIES $125.65 JPMORGAN CHASE BANK SAMS - SUPPLIES $66.76 GEN COMM CTR DONATIONS -Total $216.37 JPMORGAN CHASE BANK AMAZON- REFUND ($139.00) JPMORGAN CHASE BANK AMAZON- RENEWAL $139.00 JPMORGAN CHASE BANK AMAZON- SUPPLIES $30.98 JPMORGAN CHASE BANK CINTAS- SUPPLIES $1,059.54 JPMORGAN CHASE BANK CORNERSTONE -KEYS $5.68 JPMORGAN CHASE BANK POSTERMYWALL- RENEWAL $99.95 JPMORGAN CHASE BANK SAMS- SUPPLIES $116.92 JPMORGAN CHASE BANK WALMART- SUPPLIES $21.36 ONEOK INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $917.23 SUMNERONE INC COPIER SERVICES $228.90 L Claims List - 04/18/2023 Fund Vendor Name Payable Description Payment Amount 01 GENERAL GEN COMMUNITY CENTER -Total AT YOUR SERV- SUPPLIES $2,480.56 FELKINS ENTERPRISES LLC DECALS $235.00 FELKINS ENTERPRISES LLC DOOR HANGERS $95.00 JPMORGAN CHASE BANK AMER PLAN -APA DUES $119.00 KENNETH LIVINGSTON LAWN MAINTENANCE $200.00 VERIZON WIRELESS WIRELESS CONNECTION $205.83 GEN COMMUNITY DEVELOPMENT - Total $854.83 JPMORGAN CHASE BANK AT YOUR SERV- SUPPLIES $360.00 LEE BHM CORP PUBLICATION $36.00 TREASURER PETTY CASH OK TAX -EVENT PERMIT $50.00 GEN CULTURE & RECREATION -Total PHONE SERVICE $446.00 AT &T PHONE SERVICE $3.31 ENTERPRISE FM TRUST FLEET LEASE $590.73 JPMORGAN CHASE BANK STAPLES - SUPPLIES $56.86 VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN EMERG PREPAREDNESS -Total $690.91 ENTERPRISE FM TRUST FLEET LEASE $1,203.60 UNIFIRST HOLDINGS LP UNIFORM SERVICES $35.02 VERIZON WIRELESS WIRELESS CONNECTION $80.02 GEN ENGINEERING -Total $1,318.64 JPMORGAN CHASE BANK AMAZON -TOOL KIT $29.99 GEN FINANCE -Total $29.99 AMERICANCHECKED INC ATTN: BILLING BACKGROUND CHECKS $64.00 AT &T PHONE SERVICE $9.89 ENTERPRISE FM TRUST FLEET LEASE $1,166.58 JPMORGAN CHASE BANK SAMS- SUPPLIES $37.28 JPMORGAN CHASE BANK STAPLES - SUPPLIES $50.23 JPMORGAN CHASE BANK USPS -PO RENTAL $424.00 LEE BHM CORP PUBLICATION $187.56 MCAFEE & TAFT PERSONNEL INVESTIGATE $7,235.00 ONEOK INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $1,643.02 PROSTAR SERVICES INC COFFEE SUPPLIES $247.63 SUMNERONE INC COPIER SERVICES $561.20 TREASURER PETTY CASH NOTARYBOND FILING FEE $26.00 TULSA COUNTY CLERK TULSA COUNTY FILINGS $44.00 VERIZON WIRELESS WIRELESS CONNECTION $42.90 GEN GENERAL GOVERNMENT -Total $11,739.29 JPMORGAN CHASE BANK CORNERSTONE - SUPPLIES $31.97 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $139.63 ONEOK INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $253.57 2 Claims List - 04/18/2023 Fund Vendor Name Payable Description Payment Amount 01 GENERAL GEN HISTORICAL MUSEUM -Total AMAZON- EQUIPMENT $425.17 AMERICANCHECKED INC ATTN: BILLING BACKGROUND CHECKS $751.30 JPMORGAN CHASE BANK CHAMBER -DUES $40.00 JPMORGAN CHASE BANK FACEBOOK- ADVERTISING $21.71 JPMORGAN CHASE BANK GIANT TV -EMPY DEVELOP $599.00 JPMORGAN CHASE BANK INDEED- ADVERTISING $518.86 JPMORGAN CHASE BANK URGENT CARE - MEDICAL $68.00 GEN HUMAN RESOURCES -Total $1,998.87 JPMORGAN CHASE BANK AMAZON- EQUIPMENT $19.06 JPMORGAN CHASE BANK AMAZON- REFUND ($19.06) JPMORGAN CHASE BANK BEST BUY - EQUIPMENT $23.98 JPMORGAN CHASE BANK COX - INTERNET SERV $1,649.72 JPMORGAN CHASE BANK EBAY- EQUIPMENT $49.99 JPMORGAN CHASE BANK HOME DEPOT -KEYS $32.47 JPMORGAN CHASE BANK HOME DEPOT- REFUND ($29.00) JPMORGAN CHASE BANK LOWES- EQUIPMENT $31.90 JPMORGAN CHASE BANK LISPS- SHIPPING $10.65 JPMORGAN CHASE BANK WHOLESALE COMP -EQUIP $34.99 JPMORGAN CHASE BANK WHOLESALE COMP- EQUIPM $7.99 RAMUNDSEN SUPERIOR HOLDINGS ANNUAL MAINT FEE $4,951.97 VERIZON WIRELESS WIRELESS CONNECTION $252.06 GEN INFORMATION TECH -Total PARKS ELECTRIC $7,016.72 ENTERPRISE FM TRUST FLEET LEASE $369.19 JPMORGAN CHASE BANK MEETING EXP 04/05 $71.27 JPMORGAN CHASE BANK ODP- SUPPLIES $3.66 GEN MANAGERIAL -Total $444.12 CITY OF OWASSO WATER SERVICE $367.50 ENTERPRISE FM TRUST FLEET LEASE $2,373.99 JPMORGAN CHASE BANK AMAZON- FAUCET REPAIR $366.21 JPMORGAN CHASE BANK ATWOOD -BOOTS $100.00 JPMORGAN CHASE BANK ATWOOD - SUPPLIES $99.96 JPMORGAN CHASE BANK CORNERSTONE -KEYS $8.52 JPMORGAN CHASE BANK CORNERSTONE - SUPPLIES $9.11 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $33.82 JPMORGAN CHASE BANK LOWES -MULCH $47.76 JPMORGAN CHASE BANK LOWES- REPAIR $4.48 JPMORGAN CHASE BANK LOWES- SUPPLIES $90.92 JPMORGAN CHASE BANK WAVE- JANITORIAL $779.92 ONEOK INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $121.60 VERDIGRIS VALLEY ELECTRIC COOP PARKS ELECTRIC $65.92 VERIZON WIRELESS WIRELESS CONNECTION $40.01 M Claims List - 04/18/2023 Fund Vendor Name Payable Description Payment Amount 01 GENERAL GEN PARKS -Total $4,509.72 MOTOROLA SOLUTIONS INC ASTRO SYST PLUS PKG $7,184.76 RICH & CARTMILL NOTARY BOND $60.00 TREASURER PETTY CASH NOTARYBOND FILING FEE $10.00 GEN POLICE COMMUNICATIONS -Total $7,254.76 ENTERPRISE FM TRUST FLEET LEASE $1,752.64 JPMORGAN CHASE BANK LOWES- BROOMS $49.96 JPMORGAN CHASE BANK ROBBYS TRAILER -PARTS $39.80 JPMORGAN CHASE BANK SITEONE- CHEMICAL $498.18 JPMORGAN CHASE BANK STANDARD -MAINT SCAG $709.00 TREASURER PETTY CASH SERV OK -TRUCK STM WTR $46.00 UNIFIRST HOLDINGS LP UNIFORM SERVICES $151.22 VERIZON WIRELESS WIRELESS CONNECTION $80.02 GEN STORMWATER -Total ZOLL- SUPPLIES $3,326.82 AEP /PSO STREET LIGHTS $10.92 TREASURER PETTY CASH CC DEP REF - HAMILTON $50.00 TREASURER PETTY CASH CC DEP REF -HILLS $50.00 TREASURER PETTY CASH CC DEP REF -KAMM $50.00 TREASURER PETTY CASH CC DEP REF - SCHEIB $25.00 TREASURER PETTY CASH CENT PARK REF - BARBOUR $30.00 TREASURER PETTY CASH FUNERAL HOME - WADLOW $600.00 GENERAL -Total $815.92 GENERAL -Total AMBULANCE REFUND $53,425.96 20 AMBULANCE SERVICE JPMORGAN CHASE BANK ACE- SUPPLIES $308.36 JPMORGAN CHASE BANK BOUND TREE- SUPPLIES $2,119.78 JPMORGAN CHASE BANK LIFE ASSIST - SUPPLIES $970.43 JPMORGAN CHASE BANK MEDLINE- SUPPLIES $480.00 JPMORGAN CHASE BANK ODYSSEYBAT- BATTERIES $523.98 JPMORGAN CHASE BANK SUMNER- SUPPLIES $11.54 JPMORGAN CHASE BANK UPS - SHIPPING $338.14 JPMORGAN CHASE BANK ZOLL- SUPPLIES $772.50 OK STATE DEPT OF HEALTH EMERGENCY OSDH EMT /PMD RENEWALS $960.00 VERIZON WIRELESS WIRELESS CONNECTION $40.01 AMBULANCE -Total $6,524.74 AARP REFUNDS AMBULANCE REFUND $87.13 CLAUDETTE HOWE AMBULANCE REFUND $107.33 COMMUNITY CARE AMBULANCE REFUND $3,626.50 D F CARLTON AMBULANCE REFUND $175.00 DEBORAH SAGER AMBULANCE REFUND $118.40 TREASURER PETTY CASH SR AMB REF -BOYCE $20.40 4 Fund 20 AMBULANCE SERVICE 21 25 27 31 34 Claims List - 04/18/2023 Vendor Name Payable Description Payment Amount TREASURER PETTY CASH SR AMB REF -DAVIS $20.40 TREASURER PETTY CASH SR AMB REF- VAUGHN $20.40 WALTER MCMILLAN AMBULANCE REFUND $100.00 WILLIAM GIDEON AMBULANCE REFUND $2,728.00 AMBULANCE SERVICE -Total $7,003.56 TYLER TECHNOLOGIES, INC. CAD SOFTWARE $615.00 CAD SOFTWARE -Total $615.00 AMBULANCE SERVICE -Total $14,143.30 E -911 COX COMMUNICATIONS T1 CIRCUITS $229.00 VERIZON WIRELESS WIRELESS CONNECTION $40.01 E911 COMMUNICATIONS -Total $269.01 E -911 -Total $269.01 HOTELTAX JPMORGAN CHASE BANK REASORS- WORKSHOP $5037 JPMORGAN CHASE BANK WALMART- SUPPLIES $45.20 STRONG NEIGHBORHOODS -Total $95.57 HOTELTAX -Total $95.57 STORMWATER MANAGEMENT MESHEK & ASSOCIATES, P.L.C. GARNETT IMPROVEMENTS $12,540.65 GARNETT CULVERT IMPROV -Total $12,540.65 JPMORGAN CHASE BANK BROWNCO- COMPACTOR $295.00 JPMORGAN CHASE BANK PSI- HERBICIDE EXAM $285.00 JPMORGAN CHASE BANK SITEONE -SPRAY GUN $78.00 MESHEK & ASSOCIATES, P.L.C. ENGINEERING SERVICES $2,445.00 STRONGHAND LLC EMERGENCY REPAIRS $16,056.48 TECHNICAL PROGRAMMING SERVICES INC BILLING SERVICES $220.00 UNIFIRST HOLDINGS LP UNIFORM SERVICES $11.36 STORMWATER- STORMWATER -Total $19,390.84 STORMWATER MANAGEMENT -Total $31,931.49 AMBULANCE CAPITAL TREASURER PETTY CASH SR AMB REF -BOYCE $3.60 TREASURER PETTY CASH SR AMB REF -DAVIS $3.60 TREASURER PETTY CASH SR AMB REF - VAUGHN $3.60 AMBULANCE CAPITAL -Total $10.80 JPMORGAN CHASE BANK HOME DEPOT -ALERT SYST $45.94 JPMORGAN CHASE BANK LOWES -ALERT SYST $28.20 STATION ALERTING SYSTEM -Total $74.14 AMBULANCE CAPITAL -Total $84.94 VISION TAX CROSSLAND HEAVY CONTRACTORS 116 - GARNETT TO 129 $683,839.67 NEO DESIGN LLC 116 - GARNETT -129 $450.00 116TH - GARNETT RD TO 129TH -Total $684,289.67 VISION TAX -Total $684,289.67 Claims List - 04118/2023 Fund Vendor Name Payable Description Payment Amount 37 SALES TAX FIRE AT &T PHONE SERVICE $3.31 CITY OF OWASSO WATER SERVICE $87.50 ENTERPRISE FM TRUST FLEET LEASE $610.40 JPMORGAN CHASE BANK ACCURATE FIRE - REFILL $25.00 JPMORGAN CHASE BANK AMAZON- SUPPLIES $11.39 JPMORGAN CHASE BANK APPLIANCEPARTS -PARTS $64.78 JPMORGAN CHASE BANK BA SHIELDS - TRAINING $200.00 JPMORGAN CHASE BANK CONRAD FIRE - REPAIR $1,329.07 JPMORGAN CHASE BANK CONRAD FIRE - SHIPPING $18.66 JPMORGAN CHASE BANK EMTEC -PEST SERV $395.00 JPMORGAN CHASE BANK FAM ANIMAL -K9 MEDS $63.98 JPMORGAN CHASE BANK FAM ANIMAL -K9 VISIT $318.76 JPMORGAN CHASE BANK FROGGYS -TRNG EQUIP $2,399.98 JPMORGAN CHASE BANK HOME DEPOT -GYM EQUIP $78.76 JPMORGAN CHASE BANK LIBERTY -FLAG REPAIR $320.24 JPMORGAN CHASE BANK LODGING EXP 3114 -17 $333.69 JPMORGAN CHASE BANK LODGING EXP 3/24 -25 $168.00 JPMORGAN CHASE BANK LODGING EXP 3/24 -27 $84.00 JPMORGAN CHASE BANK LOWES -SINK REPAIR $14.33 JPMORGAN CHASE BANK MEETING EXP 03/23 $59.32 JPMORGAN CHASE BANK OK POLICE SUP - UNIFORM $7.50 JPMORGAN CHASE BANK OK POLICE - ALTERATIONS $40.00 JPMORGAN CHASE BANK OREILLY -PARTS $22.46 JPMORGAN CHASE BANK OREILLY -TOOLS $118.15 JPMORGAN CHASE BANK PIKEPASS -FEES $24.95 JPMORGAN CHASE BANK PSN -WATER $113.51 JPMORGAN CHASE BANK ROGUE -GYM EQUIP $5,880.45 JPMORGAN CHASE BANK ROGUE - REFUND ($481.45) JPMORGAN CHASE BANK SAVON - BUSINESS CARDS $40.00 JPMORGAN CHASE BANK T &W -TIRES $1,990.50 JPMORGAN CHASE BANK TIME TO SHINE -MAINT $137.64 JPMORGAN CHASE BANK TITAN -GYM EQUIP $1,000.75 JPMORGAN CHASE BANK TRAVEL EXP 03127 $29.53 JPMORGAN CHASE BANK TRAVEL EXP 3124 -25 $316.95 JPMORGAN CHASE BANK WALMART- SUPPLIES $10.14 KERRI K DAVENPORT TOOLS FOR SQUADS $394.58 ONEOK INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $3,200.12 VERIZON WIRELESS WIRELESS CONNECTION $1,056.19 SALES TAX FUND -FIRE -Total $20,488.14 SALES TAX FIRE -Total $20,488.14 38 SALES TAX POLICE AT&T PHONE SERVICE $9.92 2 Claims List - 04/18/2023 Fund Vendor Name Payable Description Payment Amount 38 SALES TAX POLICE CITY OF OWASSO WATER SERVICE $38.50 ENTERPRISE FM TRUST FLEET LEASE $2,255.26 JPMORGAN CHASE BANK AMAZON- REFUND ($19.99) JPMORGAN CHASE BANK AMAZON- SUPPLIES $326.43 JPMORGAN CHASE BANK CAMFIL- FILTERS $730.76 JPMORGAN CHASE BANK CHAMBER -DUES $90.00 JPMORGAN CHASE BANK DELL -REC COMP $1,530.50 JPMORGAN CHASE BANK ERRONEOUS CHARGE $40.40 JPMORGAN CHASE BANK GLADIATOR -SWAT EQUIP $424.99 JPMORGAN CHASE BANK HOME DEPOT - REFUND ($449.99) JPMORGAN CHASE BANK LENOX- TOWING $112.50 JPMORGAN CHASE BANK LOWES -PARTS $27.52 JPMORGAN CHASE BANK LOWES- SUPPLIES $107.86 JPMORGAN CHASE BANK MATTHEWS FORD- REPAIRS $1,072.50 JPMORGAN CHASE BANK MEETING EXP 03/24 $44.81 JPMORGAN CHASE BANK MEETING EXP 03/27 $44.81 JPMORGAN CHASE BANK MEETING EXP 03131 $118.17 JPMORGAN CHASE BANK OFFICE DEPOT -REC COMP $142.44 JPMORGAN CHASE BANK OK GANG - TRAINING $250.00 JPMORGAN CHASE BANK OREILLY -PARTS $34.19 JPMORGAN CHASE BANK PLATE PAY -FEES $1.40 JPMORGAN CHASE BANK SPECIAL OPS- UNIFORM $1,745.19 JPMORGAN CHASE BANK STALKERRADAR -RADAR $2,695.00 JPMORGAN CHASE BANK SUMNER- SERVICE $109.38 JPMORGAN CHASE BANK THOMSON WEST- ACCESS $486.07 JPMORGAN CHASE BANK TULSA COMM - TRAINING $400.00 JPMORGAN CHASE BANK WALMART- SUPPLIES $7.60 JPMORGAN CHASE BANK WATERSTONE- UNIFORM $1,349.52 ONEOK INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $1,815.81 OWASSO FOP LODGE #149 POLICE DEPT LEGAL DEFENSE $196.00 SALTUS TECHNOLOGIES LLC FY23 FEE INCREASE $504.00 VERIZON WIRELESS WIRELESS CONNECTION $2,916.00 SALES TAX FUND- POLICE -Total $19,157.55 SALES TAX POLICE - Total $19,157.55 39 SALES TAX STREETS AEP /PSO STREET LIGHTS $8,862.42 CONSOLIDATED TRAFFIC CONTROLS, INC CROSSWALK REPAIR PARTS $3,258.00 ENTERPRISE FM TRUST FLEET LEASE $1,911.20 JPMORGAN CHASE BANK BOOT BARN- UNIFORM $179.99 JPMORGAN CHASE BANK BROWN FARMS -SOD $278.00 JPMORGAN CHASE BANK BROWNCO- UNIFORM $78.00 JPMORGAN CHASE BANK DOLESE- CONCRETE $600.25 7 Claims List - 04/18/2023 Fund Vendor Name Payable Description Payment Amount 39 SALES TAX STREETS JPMORGAN CHASE BANK DUNHAMS- ASPHALT $237.19 JPMORGAN CHASE BANK ERRONEOUS CHARGE $30.68 JPMORGAN CHASE BANK GRAINGER -GREEN POST $343.20 JPMORGAN CHASE BANK INTERSTATE - BATTERIES $19.88 JPMORGAN CHASE BANK INTERSTATE - BATTERY $708.60 JPMORGAN CHASE BANK LENOX- TOWING $405.00 JPMORGAN CHASE BANK LOWES- INSULATION $15.58 JPMORGAN CHASE BANK LOWES -LIGHT $119.98 ' JPMORGAN CHASE BANK LOWES- LUMBER $100.36 JPMORGAN CHASE BANK LOWES -PAINT $72.19 JPMORGAN CHASE BANK LOWES -PARTS $59.14 JPMORGAN CHASE BANK LOWES- PLYWOOD $44.03 JPMORGAN CHASE BANK LOWES -PUMP SPRAYER $11.96 JPMORGAN CHASE BANK LOWES- REFNUD ($119.98) JPMORGAN CHASE BANK LOWES- SUPPLIES $104.78 JPMORGAN CHASE BANK MIDLAND -FENCE REPAIRS $2,136.22 JPMORGAN CHASE BANK OCCC -ADA TRAINING $100.00 JPMORGAN CHASE BANK PIKEPASS -FEES $13.40 JPMORGAN CHASE BANK UPS - SHIPPING $20.97 JPMORGAN CHASE BANK XCESSORIES -POLES $2,988.50 JPMORGAN CHASE BANK XCESSORIES -SIGNS $1,188.29 TREASURER PETTY CASH SERV OK -TRUCK STREETS $46.00 UNIFIRST HOLDINGS LP UNIFORM SERVICES $259.29 VERDIGRIS VALLEY ELECTRIC COOP 1161129 TRAFFIC SIGN $82.65 VERDIGRIS VALLEY ELECTRIC COOP CHAMPION STREET LIGHT $81.37 VERDIGRIS VALLEY ELECTRIC COOP SECURITY LIGHT $6.65 VERIZON WIRELESS WIRELESS CONNECTION $80.02 SALES TAX FUND - STREETS -Total $24,523.81 SALES TAX STREETS -Total $24,523.81 40 CAPITAL IMPROVEMENTS JPMORGAN CHASE BANK RAM MOUNTS -ALERT SYST $419.27 CIP FIRE DEPT VEHICLES -Total $419.27 MCCLELLAND CONSULTING ENGINEERS GARNETT- 106 TO 116 ST N $11,559.00 INC CIP GARN RD WIDE 106 -116 -Total $11,559.00 K +D ARCHITECTS LLC RANGE PROJECT $790.00 POLICE MULTI -USE FACILITY - Total $790.00 POE, LTD FY22 -23 STREET REHAB $22,805.00 STREET REHAB FY22.23 -Total $22,805.00 CAPITAL IMPROVEMENTS -Total $35,573.27 70 VEHICLE MAINTENANCE JPMORGAN CHASE BANK AMAZON - CABINETS $96.97 JPMORGAN CHASE BANK AMAZON -DEF GASKET $17.50 0 Claims List - 04/1812023 Fund Vendor Name Payable Description Payment Amount 70 VEHICLE MAINTENANCE JPMORGAN CHASE BANK AMAZON- HARDWARE KIT $65.00 JPMORGAN CHASE BANK BEST CHOICE - REPAIR $80.00 JPMORGAN CHASE BANK HESSELBEIN -TIRES $324.87 JPMORGAN CHASE BANK JIM NORTON -PARTS $1,791.25 JPMORGAN CHASE BANK LENOX- TOWING $300.00 JPMORGAN CHASE BANK MYERS TIRE - SUPPLIES $129.39 ONEOK INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $839.05 UNIFIRST HOLDINGS LP UNIFORMS $72.36 VEHICLE MAINTENANCE -Total $3,716.39 VEHICLE MAINTENANCE -Total $3,716.39 76 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS $3,452.87 OK TAX COMMISSION SPECIAL TAX UNIT MITF ASSESSMENTS $639.51 UNITED SAFETY & CLAIMS INC UNITED SAFETY CLAIMS $1,658.33 WORKERS' COMP SELF -INS -Total $5,750.71 WORKERS' COMP SELF -INS -Total $5,750.71 77 GENERAL LIABILITY - PROPERT SPIRIT LANDSCAPE MANAGEMENT LLC TREE REMOVAL $2,470.00 GEN LIAB -PROP SELF INS -Total $2,470.00 GENERAL LIABILITY - PROPERT -Total $2,470.00 City Grand Total $895,919.81 TO: The Honorable Mayor and City Council FROM: Alexa Beemer, AICP Planning Manager SUBJECT: Final Plat- Cypress Crossing Apartments DATE: April 14, 2023 BACKGROUND: The Community Development Department received an application for review and approval of a Final Plat for Cypress Crossing Apartments, a proposed multi - family residential subdivision. The subject property is located east of North Owasso Expressway and northeast of East 99th Street North. The property is approximately 20.79 acres in size and is zoned Residential Multifamily (RM), Commercial General (CG) and Office (0) with a Planned Unit Development Overlay (OPUD 22- 03). SUBJECT PROPERTY /PROJECT DATA: Property Size 20.79 acres +/- Land Use Master Plan Commercial Current Zoning RM; CG /O Covers Reserve Areas Only Proposed Use Residential Proposed Lots /Blocks 1 Lot, 1 Block Within a PUD? Yes; OPUD 22 -03 Within an Overlay District? Yes; US -169 Overlay District Water Provider City of Owasso Streets Private Applicable Paybacks /Fees (assessed at platting) Storm Siren Fee ($50.00 per acre) Elm Creek Extended Sanitary Sewer Relief Area ($1,580.00 per acre) Fire Station #3 Water Payback Area ($2,002.94 per water tap) ANALYSIS: The Preliminary Plat for Cypress Crossing Apartments was approved by the Owasso Planning Commission in February of 2023. The proposed Final Plat consists of one (1) Lot on one (1) Block with a proposed maximum of 374 dwelling units within Lot 1, it yields a gross density of approximately 18 dwelling units per acre. o The proposed lot as depicted on this plat meets the bulk and area requirements stipulated in the Owasso Zoning Code for RM-zoned property and the OPUD 22- 03 document. Final Plat- Cypress Crossing Apartments Page 2 • Detention will be provided for via the stormwater detention and drainage easement depicted on this final plat. This easement is located on the east portion of the subject property. • Perimeter and interior utility easements are shown on the plat allowing utility companies adequate access to service the subdivision. • Two points of access are depicted on the plat face, both of which are proposed to be contained within reserve areas as private drives. o One point of access is proposed off of North Owasso Expressway, cutting through the vacant property to the west of the subject property. This is noted as Reserve Area "A." o The other point of access is proposed to connect into East 99th Street North, along the southern portion of the subject property. This is noted as Reserve Area "B." • The City of Owasso will provide police, fire, ambulance, water services, and sanitary sewer services to the property. • Any development that occurs on the subject property shall adhere to all development, zoning, and engineering requirements of the City of Owasso. SURROUNDING ZONING AND LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North Agriculture AG Vacant Commercial City of Owasso South Residential Single Family (RS -2)/ Place of Worship/ Transitional/ City of Owasso Agriculture (AG) Residential Residential East Residential Estate RE Residential Residential Tulsa Count West Commercial General (CG)/ Vacant Commercial City of Owasso Office O PLANNING COMMISSION: The Owasso Planning Commission voted 5-0 to recommend approval of the final plat for Cypress Crossing Apartments at their regular meeting on April 10, 2023. RECOMMENDATION: In developing a recommendation, staff evaluated the final plat on the criteria outlined in Section 2.4 of the Owasso Subdivision Regulations. Following this evaluation, staff concluded that the subject plat meets all of the legal requirements for approval. As such, staff recommends approval of the final plat for Cypress Crossing Apartments. ATTACHMENTS: Aerial Map Final Plat - Cypress Crossing Apartments Aerial Map Final Plat Cypress Crossing Apartments Final Plat Cypress Crossing Apartments OPUD 22 -03 /ZONES RM, CG, 4 O OWNER: Cypress Crossing Apartments TO: The Honorable Mayor and City Council FROM: Wendy Kramer, City Planner SUBJECT: Ordinance 1208, Annexation (OA 23-01) & Rezoning (OZ 23-03) — 11428 North 129th East Avenue DATE: April 14, 2023 BACKGROUND: The Community Development Department received a request for the annexation and rezoning of property located at 11428 North 129th East Avenue. The subject property is approximately 2.49 acres in size and is currently zoned Agricultural - Residential (AG-R) within Tulsa County. Upon annexation, the applicant is requesting the property be brought into Owasso City Limits as Commercial Shopping (CS) via accompanying rezoning request (OZ 23-03). SUBJECT PROPERTY /PROJECT DATA: Property Size 2.49 acres +/- Current Zoning Agricultural - Residential (AG -R) In Tulsa County Proposed Zoning Upon Annexation Commercial Shopping (CS) Land Use Master Plan Commercial Within PUD? No Within Overlay District? No Water Provider Washington County Rural Water District # 3 Applicable Paybacks (Assessed at Platting) Storm Siren Fee ($50.00 per acre) Ranch Creek Sewer Service Assessment Area ($610.33 per acre ANALYSIS: • The subject property is contiguous with City limits on the northern boundary of the property. • The GrOwasso 2035 Land Use Master Plan identifies the subject property for future "Commercial" uses. o As such, assigning a zoning of CS to the subject property upon annexation is consistent with the long -range vision for the property laid out in the Master Plan. • The subject property is currently unplatted; the applicant does intend to the develop the property as an ambulatory health care office for Mercy EMS. • The City of Owasso will provide police, fire, ambulance, and sanitary sewer services to the property upon annexation. Washington County Rural Water District #3 will provide water services to the subject property. • Any future development that occurs on the subject property must adhere to all Owasso subdivision, zoning, and engineering requirements. Page 2 OA 23 -01 /07 23 -03 SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North Commercial Shopping Vacant Commercial City of Owasso South Agricultural - Residential Residential Transitional Tulsa County (AG -R) East Agriculture (AG) Residential Transitional Tulsa County West Agricultural - Residential Vacant Commercial Tulsa County (AG -R) PLANNING COMMISSION: The Owasso Planning Commission voted 5-0 to recommend approval of Annexation OA 23-01 and subsequent rezoning request OZ 23-03 at their regular meeting on April 10, 2023. RECOMMENDATION: In developing a recommendation, staff evaluated Oklahoma State Statue, Title 11, Chapter 1, Part 1, Article XXI, Section 21 -101 and Section 1.4.3 of the Owasso Zoning Code. Following this evaluation, staff concluded that the subject annexation and rezoning request meets all of the legal requirements for approval. As such, staff recommends adoption of Ordinance 1208. ATTACHMENTS: Ordinance 1208 Zoning Map GrOwasso 2035 Land Use Master Plan Map Property Exhibit CITY OF OWASSO, OKLAHOMA ORDINANCE 1208 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING INTO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY, REFERENCED IN APPLICATION OA 23 -01 AND APPROVING ZONING APPLICATION OZ 23 -03 AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WHEREAS, public hearings have been held regarding the request for annexation and rezoning of the property located at 11428 North 129th East Avenue; and, WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission, and all statements for or against the requested annexation and rezoning of the property referenced in applications OA 23 -01 and OZ 23 -03. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION 1. A tract of land described as 11428 North 129th East Avenue, said tract being more particularly described as follows: The East Four Hundred Seventy-two (472) feet of the South Two Hundred Thirty (230) feet of the North Four Hundred Sixty (460) feet of the South Nine Hundred Twenty (920) feet of the East Nine Hundred Ninety (990) feet of the Northeast Quarter of the Northeast Quarter (NE/4 NE/4) of Section (8), Township Twenty-one (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof. The same is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, and its corporate limits and the same is hereby zoned Commercial Shopping (CS). All persons residing therein, and all property situated thereon, shall be subject to the jurisdiction, control, laws, and ordinances of the City of Owasso, Oklahoma, in all respects and particulars. SECTION 2. From and after the passage and publication of this Ordinance, the real estate and territory described above shall be a part of the City of Owasso, Oklahoma, and in Ward 1. SECTION 3. All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION 4. If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION 5. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. Ordinance 1208 Page 1 of 3 SECTION S. There shall be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance and correct map of the territory annexed. PASSED AND ADOPTED this 18th day of April, 2023. Kelly Lewis, Mayor ATTEST: Juliann M. Stevens, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney Ordinance 1208 Page 2 of 3 Note: Graphic overlays not precisely align with physical Subject OA 23-01 features on the ground. Aerial Photo Date: 2020 12021 OZ 23-03 Feet OA 23 -01 /OZ 23 -03 Subject Tract TO: The Honorable Mayor and City Council FROM: Larry Langford, Director of Recreation and Culture SUBJECT: Redbud Festival Park Sound System Bid Award DATE: April 14, 2023 BACKGROUND: The original sound system at Redbud Festival Park was designed as a basic system for public speaking and background music. As the popularity and variety of programming at the park continues to grow and develop, a higher level of equipment is necessary to meet the demands of the many unique events. RFP PROCESS: A request for proposal (RFP) was published on February 27, 2023, for Outdoor Audio Equipment for Redbud Festival Park on the Main Stage. RFPs were due on March 6, 2023, and four (4) were received. Company Proposal Total All Media Integration $55,295.45 Unique Audio Visual Inc. - incomplete bid $43,636.48 Limitless AVL $90,048.29 VIP Technology Solutions Group LLC $82,708.54 BID ANALYSIS: The submitted RFP packages were examined, and upon review, staff found three (3) complete and one (1) incomplete. The lowest complete proposal received that met the qualifications needed, was from All Media Integration of Tulsa, Oklahoma, in the amount of $55,295.45. Staff analyzed submissions from the lowest, responsive bidder's previous projects to evaluate the bidder's quality, timeliness, professionalism, and overall satisfaction. All findings confirmed quality, integrity, and dependability. FUNDING: Funding for the sound equipment at Redbud Festival Park is included in Recreation and Culture 2022 -2023 budget. RECOMMENDATION: Staff recommends City Council award the bid for sound system equipment for Redbud Festival Park to All Media Integration of Tulsa, Oklahoma, in the amount of $55,295.45 and authorization to execute all necessary documents. TO: The Honorable Mayor and City Council FROM: Larry Langford, Director of Recreation and Culture SUBJECT: Park's Office Building - Professional Service Agreement DATE: April 14, 2023 , BACKGROUND: The current Park's office is located in a small house on North 145th East Avenue next to Fire Station #3. The new Park's office is proposed to be constructed at the Sports Park adjacent to the building currently occupied by Future Owasso Rams. SCOPE OF WORK: City staff requested a proposal from k +d architects for the following scope of work for the Park's Office Building Project: • Architectural • Civil Engineering • Structural • Mechanical, Electrical and Plumbing Engineering • Surveyor • Geotechnical (soils investigation) PROFESSIONAL SERVICE PROPOSAL: Staff met with k +d architects to negotiate fees for professional services and came to an agreement for the project. If approved, cost for professional services will be 7% of estimated project costs and will include as follows: • Architectural, Civil, Structural, Mechanical, Electrical and Plumbing Fee $51,750.00 • Survey Allowance $4,200.00 • Soils Investigation Allowance $2,400.00 Total Fee $58,350.00 FUNDING: Funding for the professional services for the Park's Office Building Project is available in the Capital Improvement Fund. PROPOSED ACTION: Staff recommends approval of an engineering service agreement with k +d architects of Owasso, Oklahoma, for the Park's Office Project in an amount not to exceed $58,350.00 and authorization to execute all necessary documents. ATTACHMENT: Agreement SAIA Document B105TM —2017 Standard Short Form of Agreement Between Owner and Architect AGREEMENT made as of the Thirtieth day of March in the year Two Thousand Twenty Three (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) City of Owasso 200 S. Main St Owasso, Oklahoma 74055 and the Architect: (Name, legal status, address and other information) k +d architects 201 S. Main St, Ste 203 Owasso, Oklahoma 74055 for the following Project: (Name, location and detailed description) Parks Office Building Sports Park, Owasso, Oklahoma The project is proposed to be a 40' x 100' pre- engineered steel building. The exterior is to be all metal. The facility is to be located on the east side of the main parking lot at the Owasso Sports Park. The Owner has provided a preliminary floor plan of a desired layout. The site around the facility will be asphalt and fenced off from the rest of the park. The Owner and Architect agree as follows. This document has Important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document 13105- -2017. Copyright ® 1993, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA! Init. Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document / was created on 12/20/2022 21:22:33 under the terms of AIA Documents on Demands Order No. 2114393701 , and is not for resale. This document is licensed by The American Institute of Architects for one -time use only, and may not be reproduced prior to its completion. ARTICLE 1 ARCHITECT'S RESPONSIBILITIES The Architect shall provide architectural services for the Project as described in this Agreement. The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same . or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. The Architect shall assist the Owner in determining consulting services required for the Project. The Architect's services include the following consulting services, if any: • Architectural • Civil Engineering • Structural +Mechanical, Electrical, and Plumbing Engineering • Surveyor • Geotechnical (Soils Investigation) During the Design Phase, the Architect shall review the Owner's scope of work, budget and schedule and Teach an understanding with the Owner of the Project requirements. Based on the approved Project requirements, the Architect shall develop a design, which shall be set forth in drawings and other documents appropriate for the Project. Upon the Owner's approval of the design, the Architect shall prepare Construction Documents indicating requirements for construction of the Project and shall coordinate its services with any consulting services the Owner provides. The Architect shall assist the Owner in filing documents required for the approval of governmental authorities, in obtaining bids or proposals, and in awarding contracts for construction. During the Construction Phase, the Architect shall act as the Owner's representative and provide administration of the Contract between the Owner and Contractor. The extent of the Architect's authority and responsibility during construction is described in AIA Document A 105Tm -2017, Standard Short Form of Agreement Between Owner and Contractor. If the Owner and Contractor modify AIA Document A105 -2017, those modifications shall not affect the Architect's services under this Agreement, unless the Owner and Architect amend this Agreement. ARTICLE 2 OWNER'S RESPONSIBILITIES The Owner shall provide full information about the objectives, schedule, constraints and existing conditions of the Project, and shall establish a budget that includes reasonable contingencies and meets the Project requirements. The Owner shall provide decisions and furnish required information as expeditiously as necessary for the orderly progress of the Project. The Architect shall be entitled to rely on the accuracy and completeness of the Owner's information. The Owner shall furnish consulting services not provided by the Architect, but required for the Project, such as surveying, which shall include property boundaries, topography, utilities, and wetlands information; geotechnical engineering; and environmental testing services. The Owner shall employ a Contractor, experienced in the type of Project to be constructed, to perform the construction Work and to provide price information. ARTICLES USE OF DOCUMENTS Drawings, specifications and other documents prepared by the Architect are the Architect's Instruments of Service, and are for the Owner's use solely with respect to constructing the Project. The Architect shall retain all common law, . statutory and other reserved rights, including the copyright. Upon completion of the construction of the Project, provided that the Owner substantially performs its obligations under this Agreement, the Architect grants to the Owner a license to use the Architect's Instruments of Service as a reference for maintaining, altering and adding to the Project. The Owner agrees to indemnify the Architect from all costs and expenses related to claims arising from the Owner's use of the Instruments of Service without retaining the Architect. When transmitting copyright - protected information for use on the Project, the transmitting party represents that it is either the copyright owner of the information, or has permission from the copyright owner to transmit the information for its use on the Project. ARTICLE 4 TERMINATION, SUSPENSION OR ABANDONMENT In the event of termination, suspension or abandonment of the Project by the Owner, the Architect shall be compensated for services performed. The Owner's failure to make payments in accordance with this Agreement shall be considered substantial nonperformance and sufficient cause for the Architect to suspend or terminate services. Either the Architect or the Owner may terminate this Agreement after giving no less than seven days' written notice if the Project is suspended for more than 90 days, or if the other party substantially fails to perform in accordance with the terms of this Agreement. Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of Substantial Completion. AIA Document 1310E- —2017. Copyright 01993, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This Ale Init. Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Al a Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document f was created on 12120/2022 21:22:33 under the terms of AIA Documents on Demands Order No. 2114393701 , and is not for resale. This document Is licensed by The American Institute of Architects for one -time use only, and may not be reproduced prior to its completion. ARTICLES MISCELLANEOUS PROVISIONS This Agreement shall be governed by the law of the place where the Project is located. Terms in this Agreement shall have the same meaning as those in AIA Document A105 -2017, Standard Short Form of Agreement Between Owner and Contractor. Neither party to this Agreement shall assign the contract as a whole without written consent of the other. Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of a third party against either the Owner or the Architect. The Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. ARTICLE 6 PAYMENTS AND COMPENSATION TO THE ARCHITECT The Architect's Compensation shall be: A fixed fee of $51,750. This is a base fee for Architectural, Civil, Structure, and MEP. Allowances: Survey - $4,200 Soils Investigation - $2,400 The Owner shall nav the Architect an initial navment of Zero (so ) as a minimum payment under this Agreement. The initial payment shall be credited to the final invoice. The Owner shall reimburse the Architect for expenses incurred in the interest of the Project, plus Five percent ( 5%). Payments are due and payable upon receipt of the Architect's monthly invoice. Amounts unpaid Thirty ( 30 ) days after the invoice date shall bear interest from the date payment is due at the rate of percent ( %) , or in the absence thereof, at the legal rate prevailing at the principal place of business of the Architect. At the request of the Owner, the Architect shall provide additional services not included in Article I for additional compensation. Such additional services may include, but not be limited to, providing or coordinating services of consultants not identified in Article 1; revisions due to changes in the Project scope, quality or budget, or due to Owner- requested changes in the approved design; evaluating changes in the Work and Contractors' requests for substitutions of materials or systems; providing services necessitated by the Contractor's failure to perform; and the extension of the Architect's Article 1 services beyond Eighteen ( 18 ) months of the date of this Agreement through no fault of the Architect. ARTICLE 7 OTHER PROVISIONS (Insert descriptions ofother services and modifications to the terms of this Agreement.) AIA Document B1051° — 2017. Copyright m 1993, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This Ale Init. Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document / was created on 12/20/2022 21:22:33 under the terms of AIA Documents on Demand' Order No. 2114393701 , and is not for resale. This document is licensed by The American Institute of Architects for one -time use only, and may not be reproduced prior to its completion. This Agreement entered into as of the day and year first written above. OWNER (Signature) ARCF} (Signature) Ie rs n avis, AIA (Printed name and title) (Printed name, title, and license number, ifrequired) AIA Document 13105- —2017. Copyright ©1993, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This Al e Init. Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document t was created on 12120/2022 21:22:33 under the terms of AIA Documents an Demands Order No. 2114393701 , and is not for resale. This document is licensed by The American Institute of Architects for one -time use only, and may not be reproduced prior to its completion. TO: The Honorable Mayor and Council FROM: H. Dwayne Henderson, P.E. City Engineer SUBJECT: Resolution 2023 -09, Application for Surface Transportation Block Grant Funds East 86th Street North /North Main Street to North Garnett Road Widening Project DATE: April 14, 2023 BACKGROUND: In March 2023, Indian Nations Council of Governments ( INCOG) opened applications for the FY 2025 Surface Transportation Block Grant (STBG) funds (formerly the Surface Transportation Program). Funds are made available on an annual basis by the Federal Highway Administration (FHWA), through the Oklahoma Department of Transportation (ODOT), for the implementation of eligible transportation improvements in the Tulsa Urbanized Area. Projects qualifying for funding must: provide system preservation (maintenance), management and integration (traffic management systems), arterial intersections (safety and capacity enhancements), transportation alternatives (sidewalks, trails, carpooling) and capacity expansion (arterials and interchanges that are listed on the major street and highway plan). East 86th Street North from North Main Street to North Garnett Road is a project that qualifies for these funds. The original project was constructed in 2002-2003 as part of a State Transportation Program (STP) project to widen East 86th Street North when the road was a two (2) lane road. The project was widened to a four (4) lane road with asphalt surfacing, which has withstood 20 years of large traffic volumes (as high as 21,900 vehicles per day) due to excellent construction of the subgrade and base material. However, after 20 years of service this section of roadway has reached capacity. All other sections of East 86th Street North in Owasso, over 20,000 cars per day, are widened to five (5) lanes. The fifth lane does not add capacity per se, but allows left turning cars to move out of the driving lanes and allows more traffic to travel freely through the area. STBG FUNDS: INCOG will administer the grant funds and has established a selection process for the distribution of STBG funds. Priority funding is given to projects that meet federal regulations, help advance the Regional Transportation Plan through safety improvements, and reduce traffic congestion. Proposed projects are evaluated for eligibility and prioritized based on a 200 -point rating system. The total funding available through this application is $22,000,000 for the FY 2025 funding year. $6,000,000 is designated to the Gilcrease Expressway implementation, which leaves $16,000,000 for remaining projects. $3,000,000 is the maximum amount of funds for any single project. On March 8, 2023, INCOG solicited for STBG funding applications with a submittal deadline of April 21, 2023. PROPOSED RESOLUTION FOR CONSTRUCTION PHASE: Similar to previous INCOG sponsored projects, a resolution is necessary in order to complete the application process. The application will request federal funding assistance for the construction STBG Page 2 of the roadway improvements. If this project is selected in the summer of 2023, the funding for construction will be targeted in FY 2025 or sooner, depending on funding availability. CONCEPTUAL COST SUMMARY: East 86th Street North is considered a primary arterial in Owasso. The roadway is heavily used and conveys residential, commercial, school and commuter traffic to and from Owasso. The proposed work for this section of roadway, is to replace the asphalt pavement with concrete pavement on the existing lanes, and add a fifth lane to the north side of the road. Several utilities will need to be relocated. Since both ends of the projects are signalized with older equipment, staff plans to replace the traffic signalization with the newest design and technology standard. Based on the conceptual cost estimate, the anticipated cost for construction of the proposed roadway improvements are listed below. Construction administration (testing, inspection and administration of pay applications) is equal to 12% of the construction fee. Budgeting 8% for engineering, surveying and geotechnical exploration, the estimated total project cost is $7,107,045. If authorized by the City Council, the City will pay for engineering design locally and request FHWA funding to contribute towards construction. FHWA funding for this project would be through the STBG program, which would fund 80% of eligible construction costs (for a maximum of $3,000,000) while the local government funds 20 %. Based upon this information, the following is a project estimate (projected out 5% inflation annually for 5 years, as per the application requirements): Project Segment Estimate ODOT Portion City of Owasso Construction $5,395,871 $3,000,000 $2,395,871 Administration $647.505 $124,800 $647.505 Utility Relocation $500,000 N/A $500,000 Right -of -way $132,000 N/A $132,000 Engineering $431,670 N/A $431,670 Total Project Cost $7,107,045 $3,000,000 $4,107,045 RECOMMENDATION: Staff recommends approval of Resolution 2023-09, requesting ODOT to consider the construction phase of East 86th Street North from North Main Street to North Garnett Road Widening Project as a candidate for federal funding assistance through the STBG Program. ATTACHMENTS: Resolution 2023-09 Location Map CITY OF OWASSO, OKLAHOMA RESOLUTION NO. 2023 -09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, AUTHORIZING AN APPLICATION FOR FUNDING BETWEEN THE CITY OF OWASSO AND THE OKLAHOMA DEPARTMENT OF TRANSPORTATION FOR THE EAST 86th STREET NORTH, MAIN STREET TO NORTH GARNETT ROAD WIDENING PROJECT WHEREAS, Surface Transportation Program Urbanized Area funds have been made available for transportation improvements within the Tulsa Transportation Management Area; and WHEREAS, The City of Owasso has selected a project described as follows: The 86'h STREET NORTH, MAIN STREET TO NORTH GARNETT ROAD WIDENING PROJECT, Owasso, Oklahoma; and WHEREAS, the selected project is consistent with the local comprehensive plan, including applicable Major Street and Highway Plan Element, and the Regional Transportation Plan; and WHEREAS, the engineers preliminary estimate of cost is $7,107,045 and Federal participation under the terms of the Surface Transportation Block Grant Program Urbanized Area funds are hereby requested for funding of forty -two percent of the project cost ($3,000,000); and WHEREAS, the City of Owasso proposes to utilize the Half -Penny Sales Tax Fund and future capital improvements funding for the balance of the project costs; and WHEREAS, the City of Owasso agrees to provide for satisfactory maintenance after completion, and to furnish the necessary right -of -way clear and unobstructed; and WHEREAS, the City of Owasso has required matching funds available and further agrees to deposit with the Oklahoma Department of Transportation said matching funds within the time frame as required by the ODOT. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, that, to -wit The Indian Nations Council of Governments is hereby requested to program this project into the Transportation Improvement Program for the Tulsa Transportation Management Area, should the project be selected for funding; and That upon inclusion in the Transportation Improvement Program, the Oklahoma Transportation Commission is hereby requested to concur in the programming and selection of this project and to submit the same to the Federal Highway Administration for its approval. The Mayor is authorized and directed to execute the above described agreement on behalf of the City of OWASSO. PASSED AND APPROVED this 18th day of April, 2023. Kelly Lewis, Mayor ATTEST: Juliann M. Stevens, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney East 86th Street North, North Main Street to North Garnett Road Widening Location Map 03/31/2023 This map may represents a visual display of related geographic information. Data provided here an is not guarantee of acutual field conditions. To be sure of complete accuracy, please contact the responsible staff for most up- to-date information. TO: The Honorable Mayor and City Council FROM: Roger Stevens, Public Works Director SUBJECT: 2022 Street Rehabilitation Program Proposed Project Amendment to the Priority List DATE: April 14, 2023 BACKGROUND: In August 2021, City Council approved the 2022 Street Rehabilitation Project Priority List, with a budget of $1,800,000.00, which included multiple road segments within the following subdivisions: • Coffee Creek • Three Lakes • Elm Creek • Baptist Retirement Center In August 2022, City Council approved a construction contract with Stronghand, LLC, of Tulsa Oklahoma, in the amount of $1,618,225.97, leaving a remaining budget of $181,774.03 for the possibility of additional street rehabilitation projects. In February 2023, City staff and Tulsa County representatives discussed the opportunity of entering into an Interlocal Agreement for the street improvements located on East 76th Street North from North 129th East Avenue to North 145th East Avenue. The improvements would include base repair and 2" asphalt overlay. Tulsa County has agreed to fund the material for base repairs as well as provide the labor and installation of the asphalt overlay. City of Owasso would be responsible to fund the asphalt material for the overlay at an estimated cost of $100,000.00. If this proposed amendment is approved by City Council, an Interlocal Agreement between City of Owasso and Tulsa County will be forthcoming in the near future. PROJECT FUNDING: Funding for this project is available in the Capital Improvements Fund and Half -Penny Sales Tax Fund. RECOMMENDATION: Staff recommends approval to amend the 2022 Street Rehabilitation Project Priority List to include improvements on East 76th Street North from North 129th East Avenue to North 145th East Avenue. ATTACHMENT: Location Map 2022 Street Rehabilition Project Proposed Amendment 04/04/2023 This map may re?resems a visual display of related geographic information. Data provided here on is not guarantee of acutual field conditions. To be sure of complete accuracy, please contact the responsible sta #f for most up-to -date information. TO: The Honorable Mayor and City Council FROM: Roger Stevens, Public Works Director SUBJECT: Beneficiary Agreement Between The Board of County Commissioners Of Tulsa County ( "Grantee ") And The City of Owasso ( "Beneficiary") DATE: April 14, 2023 BACKGROUND: In a staff memorandum to the City Council dated May 13, 2022, staff advised that Tulsa County Board of Commissioners would not be approving the Interlocal Agreement for right -of -way obtainment responsibilities for the East 106th Street North and North 129th East Avenue Project, after they discovered County funding had not been allocated. The memo advised that Tulsa County staff were evaluating other potential funding sources as well as the potential to use a portion of the County's allocation of American Rescue Plan Act (ARPA) funds towards a separate City project. In 2021 and 2022, Tulsa County received approximately $126,000,000.00 in ARPA funds from the federal government to respond to the COVID -19 public health emergency and its economic impacts, such as necessary investments in water and sewer infrastructure. In January 2022, Tulsa County proposed the concept of utilizing ARPA funds in the amount of $2.4 million for a City of Owasso water or wastewater project in lieu of funding right -of -way obtainment, utility relocation and a portion of construction related to the East 106th North and North 129th East Avenue Intersection Improvement Project. In September 2022, City staff agreed with the concept and identified the Ranch Creek sanitary sewer project to receive the ARPA funds due to the project being close to shovel ready at an estimated cost of $6 million. BENEFICIARY AGREEMENT: In January 2023, City staff received the draft agreement from Tulsa County. The City Attorney as well as the Public Works staff reviewed the language outlined in the agreement. Below are the highlights within the agreement: • Grantee (Tulsa County) has agreed to make a conditional award of funds to Beneficiary (City of Owasso) in the not-to-exceed amount of $2,417,450.00. Grant disbursements shall be an award of funds to Beneficiary eligible under category Water and Sewer Infrastructure; • Grant distributions will be made by Grantee to Beneficiary upon execution of this Agreement and receipt of written request. RECOMMENDATION: Staff recommends approval of an agreement with The Board of Commissioners of Tulsa County ( "Grantee ") and the City of Owasso ( "Beneficiary") to receive a not -to- exceed amount of $2,417,450.00 in American Rescue Plan Act Funds, and authorization to execute the necessary documents. ATTACHMENT: Agreement BENEFICIARY AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY ( "GRANTEE ") AND THE CITY OF OWASSO ('BENEFICIARY ") Beneficiary Name: CITY OF OWASSO Project Name: PJ1372 — DRP06 — CMF 20221422 Project Description: Funding to address sanitary sewer capacity and conveyance. Effective Period of Performance: 7 -18 -2022 through 12 -31 -2024 Total Amount of Federal Funds Obligated and Committed to the Beneficiary: $2,417,450.00 Amount of Federal Funds Obligated by this Action: $2,417,450.00 Project Number: N/A CFDA Number and Name: CFDA 21.027 Coronavirus State and Local Fiscal Recovery Fund as established under the American Rescue Plan Act. Awarding Agency: Board of County Commissioners of Tulsa County THIS AGREEMENT ( "Agreement ") entered into on the date of the GRANTEE's signature, by and between THE BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY, OKLAHOMA, (hereinafter called the "Grantee ") and THE CITY OF OWASSO (hereinafter called the `Beneficiary "). WHEREAS, the health, economic, and social harm caused by the COVID -19 pandemic has disproportionately impacted Tulsa's most vulnerable residents, particularly low- income households, our communities of color, children, and the elderly; and WHEREAS, pursuant to the U.S. Department of the Treasury ( "Treasury ") Local Fiscal Recovery Fluid of the American Rescue Plan Act, 2021 ( "Act "), the Grantee has received $126,556,338.00 from the federal government to respond to the COVID -19 public health emergency and its economic impacts through four categories of eligible uses: 1. To respond to the COVID -19 public health emergency or its negative economic impacts; 2. To respond to workers performing essential work during the COVID -19 public health emergency by providing premium pay to such eligible workers of the recipient, or by providing grants to eligible employers that have eligible workers who performed essential work, 3. For the provision of government services, to the extent of the reduction in revenue of such recipients due to the COVID -19 public health emergencies, relative to revenues collected in the most recent full fiscal year of the recipient prior to the emergency; and 4. To make necessary investments in water, sewer, or broadband infrastructure; and WHEREAS, nonprofits may be impacted by the pandemic and receive Coronavirus State and Local Fiscal Recovery (ARPA /SLFRF) assistance as a beneficiary, per U.S. Treasury 31 CFR Part 35; and WHEREAS, the Grantee engaged local nonprofit organizations in a Request for Proposal process to address the primary and secondary effects of the Coronavirus pandemic; and WHEREAS, the City of Owasso meets the U.S. Treasury definition of a Beneficiary, and submitted an application in ARPA/SLFRF relief funds to support project programming burdens due to the COVI13-19 pandemic; and WHEREAS, Beneficiary is willing to execute this Agreement obligating itself to comply with the terms and conditions hereof and to fulfill such obligations in a manner complementary to and in furtherance of its obligations arising from this Agreement it executed with Grantee for receipt of the funds described herein. NOW, THEREFORE, it is agreed between the Parties hereto that: I. CERTAIN DEFINITIONS Capitalized terms used in this Agreement shall have the meanings specified in the Act and regulations promulgated under the Act, as applicable, unless otherwise defined herein (such meanings to be equally applicable to the singular and plural forms thereof). H. GENERAL CONDITIONS a. General Compliance The Beneficiary agrees to comply with the requirements of the Act, Treasury regulations implementing the Act, and guidance issued by Treasury regarding the foregoing. 2 The Beneficiary also agrees to comply with all other applicable Federal, state and local laws, regulations, and executive orders governing the funds provided under this Agreement. b. Independent Contractor Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer /employee between the parties. The Beneficiary shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all unemployment compensation, FICA, retirement, life and /or medical insurance and workers' compensation insurance, as the Beneficiary is an independent contractor. C. Hold Harmless The Beneficiary shall hold harmless, defend, and indemnify the Grantee from any and all claims, damages, costs, attorney's fees and expenses, actions, suits, charges and judgments whatsoever that arise out of the Beneficiary's performance or nonperformance of the services or subject matter called for in this Agreement. This hold- harmless and indemnification provision shall survive termination of this Agreement. d. Insurance & Workers' Compensation The Beneficiary shall maintain at all times commercial general liability insurance, property damage insurance, and professional if applicable, covering its activities and operations under this Agreement. Beneficiary agrees to provide County with a copy of required insurance upon request. e. Amendments The Grantee or Beneficiary may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of the organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Beneficiary from its obligations under this Agreement. The Grantee may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and Beneficiary. Suspension or Termination Grantee may suspend or terminate this Agreement in whole or in part as follows: If the Beneficiary materially fails to comply with any terms and conditions of this Agreement, which include (but are not limited to), the following: o Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and Act guidelines, polices or directives as may become applicable at any time; o Failure, for any reason, of the Beneficiary to fulfill in a timely and proper manner its obligations under this Agreement; o Ineffective or improper use of funds provided under this Agreement; or Submission of reports that are incorrect or incomplete in any material respect by the Beneficiary to the Grantee. This Agreement may also be terminated for convenience by either the Grantee or the Beneficiary, in whole or in part, by written notification setting forth the reason for termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. In the event this Agreement is terminated or partially terminated, both the Grantee and Beneficiary remain responsible for compliance with the requirements outlined herein. • If this Agreement is terminated for Beneficiary's material failure to comply with the Federal statutes, regulations, or terms and conditions of the Federal award, Grantee will provide notice of termination. III. ADMINISTRATIVE REQUIREMENTS a. Financial Manaaement Accounting Standards The Beneficiary agrees to adhere to the accounting principles and procedures required therein and maintain necessary source documentation for all costs incurred. • Internal Controls The Beneficiary agrees to establish and maintain effective internal control over the Federal award. b. Reporting • Beneficiary agrees to comply with any reporting obligations established by Treasury, including the Treasury Office of Inspector General, as relates to this award, including but not limited to: (i) reporting of information to be used by Treasury to comply with its public reporting obligations and (ii) any reporting to Beneficiary acknowledges that any such information required to be reported pursuant to this section may be publicly disclosed. Additional reporting requirements may be required at the request of the Grantee. • Beneficiary agrees to establish data privacy and security requirements as required by the U.S. Department of the Treasury. • Beneficiary's point of contact for Tulsa County will be Aaron Wiedman (aaron.wiedman@tulsacounty.org) and Jennifer Pottorf (ipottorf ,tulacounty.ora) c. Maintenance of and Access to Records • Beneficiary shall maintain records and financial documents sufficient to support compliance with the U.S. Department of the Treasury regarding the eligible uses of funds. • The Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of Beneficiary in order to conduct audits or other investigations. A. Records to be Maintained The Beneficiary shall maintain all records (may be secure digital storage) specified in 2 CFR Part 200 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: Records providing a full description of each activity undertaken; Records required for determining the eligibility of certain activities per 2 CFR Part 200; Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with program assistance, as applicable; Records documenting compliance with Fair Housing Act, Title VIII -IX of the Civil Rights Act; Financial records as required by 2 CFR Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury; Subpart F — Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. • Audits & Inspections All Beneficiary records with respect to any matters covered by this Agreement shall be made available to the Grantee, grantor agency, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Beneficiary shall submit one copy of the Reporting Package as outlined in 2 CFR 200.512(c) or one copy of the organization's annual audit in its entirety to Grantee the earlier of 30 calendar days after receipt of the auditor's report(s), or nine months after the end of the audit period. Submissions may be in the form of either a hard copy or an electronic copy. If any findings are reported in the organization's audit, the Beneficiary shall submit a copy of the sunmmry schedule and corrective action plan as outlined in 2 CFR 200.511 to the Grantee at the same time the response is transmitted to the auditors. All required corrective actions must be taken within six months of receipt of the audit report. Failure of the Beneficiary to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. B. PamentProcedures a Beneficiary shall follow Grantee payment procedures. Payment of costs hereunder must be submitted by completion of a Request for Funds form. Requests for Funds will be reviewed and approved for payment if backup documentation is determined to be complete and eligible; the purpose for the request is reasonable, necessary and allocable; and Beneficiary is making reasonable progress in completing performance expectations. Beneficiary shall instruct personnel assisting with the activities in this Agreement to maintain timesheets for all work performed under this Agreement. b. The Grantee shall pay to the Beneficiary funds available under this Agreement Article V, based upon information submitted by the Beneficiary and consistent with any approved budget and Grantee policy concerning payments. The Grantee reserves the right to adjust reimbursement amounts to exclude ineligible expenses. Also, the Grantee reserves the right to liquidate funds available under this Agreement for costs incurred by the Grantee on behalf of the Beneficiary. C. Questioned Costs If Beneficiary requests reimbursement and receives payment from the grant that are subsequently questioned and disallowed by a finding during the monitoring process, Grantee shall require the Beneficiary to repay the disallowed cost or submit an installment plan for approval within thirty (30) days of receipt of the notice of disallowance. If the Beneficiary does not agree to repay the disallowed costs in a lump sum payment by the date specified or begin and continue repayment under an installment plan approved by Grantee, appropriate action, such as suspension of any current or future contract payments, termination of Agreement(s), referral to Grantee's legal for further actions, or any other appropriate actions necessary, will be taken to recover the disallowed costs. For purposes herein, the term "finding" refers to a deficiency in program performance based on a statutory, regulatory, or Agreement requirement for which sanctions or other corrective actions are authorized. D. Procurement 1. The Beneficiary shall conform to applicable State and local laws and regulations, as well as applicable Federal law and the standards. 3 2. The Beneficiary shall comply with current Grantee policy concerning the purchase of equipment with grant funds, including but not limited to, obtaining Grantee approval prior to purchase and maintaining inventory records of all non- expendable personal property. E. Assignment and Subcontracts 1. Assignability The Beneficiary shall not assign or transfer any interest in this Agreement without the prior written consent of the Grantee; provided, however, that claims for money due or to become due to the Beneficiary from the Grantee under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee. 2. Subcontracts a. Approvals The Beneficiary shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the written statement of the Grantee prior to the execution of such agreement. b. Monitorine The Beneficiary shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow -up actions taken to correct areas of noncompliance. C. Selection Process The Beneficiary shall undertake to ensure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements as stated herein. Executed copies of all subcontracts shall be forwarded to the Grantee along with documentation concerning the selection process. Beneficiary must not let any subcontracts in the performance of this agreement to parties listed on the government -wide Excluded Parties List System in the System for Award Management (SAM) in accordance with Treasury's implementing regulation at 31 C.F.R. Part 19 and the OMB guide lines at 2 CFR Part 180 that implement Executive Orders 12549 and 12689, "Debarment and Suspension." F. Hatch Act The Beneficiary agrees that no funds provided, nor personnel employed under the Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title 5 of the United States Code. G. Conflict of Interest The Beneficiary agrees to abide by the provisions of 2 CFR 200.112, which include (but are not limited to) the following: 1. The Beneficiary shall maintain a written code or standards of conductthat shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. a. No employee, officer or agent of the Beneficiary shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. b. No covered persons who exercise or have exercised any functions or responsibilities with respect to Treasury- assisted activities, or who are in a position to participate in a decision - making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the Treasury- assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Beneficiary, or any designated public agency. H. Religious Activities The Beneficiary agrees that funds provided under this Agreement will not be utilized for inherently religious activities, such as worship, religious instruction, or proselytization. IV. CROSS - CUTTING FEDERAL REQUIREMENTS Beneficiary shall comply and cause each of its own subrecipients or subcontractors to comply with all of the cross - cutting federal requirements listed in this Article XI. Beneficiary shall cause all of the provisions in this Article to be included in and made a part of any subcontract or purchase order, specifically or by reference, so that such provisions will also be binding upon each of its own subrecipients or subcontractors. a. Civil Rights • Compliance Beneficiary agrees to comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 CPR Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance; Section 504 The Beneficiary agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. Fair Housing The Fair Housing Act, Title VII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; Improving Access to Services for Persons with Limited English Profciency Beneficiary acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency," seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Beneficiary understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury's implementing regulations. Accordingly, Beneficiary shall initiate reasonable steps, or comply with the Department of the Treasury's directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. Beneficiary understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Beneficiary's programs, services, and activities. Beneficiary agrees to consider the need for language services for LEP persons when Beneficiary develops applicable budgets and conducts programs, services, and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit http: /iwww.lep.gov. Beneficiary acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of federal financial assistance and is binding upon Beneficiary and Beneficiary successors, transferees, and assignees for the period in which such assistance is provided. b. Affirmative Action • Affirmative Action Program The Beneficiary agrees that it shall be conunitted to carry out an Affirmative Action Program in keeping with the principles of and as required by President's Executive Order 11246 of September 24, 1965. Where applicable, the Beneficiary shall submit a written plan for an Affirmative Action Program prior to the reimbursement of funds. • Notification The Beneficiary shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the laborunion or worker's representative of the Beneficiary's commitments under Section 202 of Executive Order No. 11246 and shall post copies of the notice in conspicuous places available to employees and applicants for employment. Equal Employment Opportunity The Beneficiary shall include the equal opportunity clause found at 41 CFR § 60- 1.4(b) in all of its contracts or subcontracts for construction work funded in whole or in part with federal grant funds. Age Discrimination The Age Discrimination Act of 1975, as amended (42 USC §§ 6101 et seq.), and Treasury's implementing regulations at 31 CFR Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.). which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. C. Employment Restrictions Prohibited Activity The Beneficiary is prohibited from using its personnel or finds provided herein for political activities; inherently religious activities; lobbying (2 CFR 200.450) and New Restrictions on Lobbying (31 CFR Part 21; political patronage; or nepotism activities. Drug -Free Workplace Beneficiary shall provide a drug -free workplace in accordance with the Drug -Free Workplace Act of 1988. (31 CFR Part 20) d. Lobbying The Beneficiary hereby certifies that: • No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the malting of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. • If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and • For any award of $100,000 or more, Beneficiary shall require that the language of paragraph (4) of this certification be included in the award documents 10 for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall also certify and disclose accordingly; Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. V. AWARD FUNDING A. Grantee has agreed to make a conditional award of funds to Beneficiary in the not -to- exceed amount of $2,417,450.00 (the "Grant "). Grant disbursements shall be an award of funds to Beneficiary eligible under category Water and Sewer Infrastructure, EC 5.2, "Clean Water: Centralized Wastewater Collection and Conveyance ". B. Grant distributions will be made by Grantee to Beneficiary upon execution of this Agreement and receipt of written request sent to: Board of County Commissioners of Tulsa County 218 W. 611' St. Tulsa, OK 74105 VI. MISEXPENDITURES AND EXCESS PAYMENTS A. It is the responsibility of Beneficiary to provide adequate documentation to ensure funds are used in compliance with this Agreement. B. Upon Grantee's identification of a misexpenditure or excess payment, Grantee shall notify Beneficiary thereof. Upon Beneficiary's identification of a misexpenditure or excess payment, Beneficiary shall notify Grantee thereof. C. Within 30 days of Beneficiary identifying a misexpenditure or excess payment, Beneficiary shall make full payment to Grantee. Within 30 days of receiving notice from Grantee of a misexpenditure or excess payment, Beneficiary shall make full payment to Grantee. VII. WITHOLDING OF GRANT FUNDS A. Grantee may withhold any and all Grant funds from Beneficiary if Grantee, in its sole discretion, determines that Beneficiary has failed to timely satisfy any material obligation arising under this Agreement. B. Nothing in this section limits the Grantee's ability or authority to pursue any or all legal or equitable remedies for Beneficiary's breach of this Agreement. VIII. GOVERNING LAW: VENUE: CONSENT TO JURISDICTION This Agreement shall be governed by the laws of the State of Oklahoma without regard to principles of conflicts of law. Both Parties consent to the jurisdiction of the comas situated in Tulsa County, Oklahoma in all disputes arising out of this Agreement. 11 Notices required by this Agreement shall be submitted in writing via mail (postage prepaid), commercial courier, personal delivery, by facsimile, by email or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless modified by subsequent written notice. Communication and details concerning this Agreement shall be directed to the following contract representatives: Grantee Beneficiary Board of County Cormnissioners of Tulsa Beneficiary Org. Count Contact Name: Aaron Wiedman Contact Name: Click or tap here to enter text Jennifer Pottorf Address: 218 W. 6 °' St, Address: Click or tap here to enter text Tulsa, OK 74119 Telephone: (918) 576 -5500 Telephone: Click or tap here to enter text E -mail Address: E -mail Address: Click or tap here to enter aaron.wiedman cr tulsacounty.org text jpottorf @ tulacounty.org X. BENEFICIARY STATUS Beneficiary is not an officer, employee or agent of the County, with respect to work performed under this Agreement. This Agreement shall not be construed as creating an agency, partnership, joint venture, employment relationship or any other relationship between the parties other than that of independent parties. XI. TIME IS OF THE ESSENCE Time is of the essence in the performance of all terms under this Agreement. XII. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby, and all other parts of this Agreement shall nevertheless be in full force and effect. XIH. MERGER CLAUSE This Agreement and attached exhibits constitute the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification or change of terms of this Agreement shall bind all parties unless in writing and signed by both parties and all necessary County approvals have been obtained. The failure of County to enforce any provision of this Agreement shall not constitute a waiver by County of that or any other provision 12 XIV. CERTIFICATIONS AND SIGNATURE OF BENEIFICIARY'S REPRESENTATIVE The undersigned certifies under penalty of perjury both individually and on behalf of Beneficiary that by signature on this Agreement for Beneficiary, the undersigned hereby certifies under penalty of perjury that the undersigned is authorized to act on behalf of Beneficiary and that Beneficiary is, to the best of the undersigned's knowledge, not in violation of any Oklahoma Tax Laws. BENEFICIARY, BY EXECUTION OF THIS AGREEMENT, HEREBY ACIC'lOWLEDGES THAT BENEFICIARY HAS READ THIS AGREEMENT, UNDERSTANDS IT, HAS THE LEGAL AUTHORITY TO BIND, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 13 SIGNATURES - EXECUTION OF AGREEMENT Executed By BENEFICIARY: Countersigned By Authorized Board Officer: Signature Kelly Lewis By (print name) Mayor, City of Owasso Title April 18, 2023 Date Executed By GRANTEE: COMMISSIONERS OF TULSA COUNTY Signature By (print name) Title Date Attest: County Cleric Chair, Board of County Commissioners Approved As To Form: Date Assistant District Attorney 14 TO: The Honorable Mayor and City Council FROM: Roger Stevens, Public Works Director SUBJECT: Tulsa County Inter -local Agreement East 76th Street North Improvements from North 129th East Avenue to North 145th East Avenue DATE: April 14, 2023 BACKGROUND: In February 2023, City staff and Tulsa County representatives discussed the opportunity of entering into an Interlocal Agreement for the street improvements located on East 76th Street North from North 129th East Avenue to North 145th East Avenue. The improvements would include base repair and 2" asphalt overlay. Tulsa County has agreed to fund the material for base repairs as well as provide the labor and installation of the asphalt overlay. City of Owasso would be responsible to fund the asphalt material for the overlay at an estimated cost of $100,000.00. PROPOSED AGREEMENT: In order to formalize responsibilities, an agreement has been drafted with Tulsa County that includes the following: City of Owasso shall provide all the necessary materials for the asphalt overlay, and Tulsa County shall provide all necessary equipment and labor; Tulsa County shall provide the materials, easements, and traffic control for the full -depth patching required prior to the asphalt overlay and the expense for fuel, equipment maintenance, and other miscellaneous costs; Duration of the Agreement shall be for a period equal to the time necessary to complete the project PROJECT FUNDING: Funding for this project is available in the Capital Improvements Fund and Half -Penny Sales Tax Fund. RECOMMENDATION: Staff recommends approval of the Interlocal Agreement with Tulsa County for paving assistance on East 76th Street North from North 129th East Avenue to North 145th East Avenue, authorization to execute all necessary documents, and authorization for payment to Tulsa County in an amount not to exceed $100,000.00. ATTACHMENTS: Location Map Tulsa County Interlocal Agreement 2022 Street Rehabilition Project Proposed Amendment 04/04/2023 THIS AGREEMENT, by and between the Board of County Commissioners of Tulsa County, Oklahoma, hereinafter called "County" and the City of Owasso, Oklahoma, hereinafter called "City ". WITNESSETH: WHEREAS, by virtue of 69 O.S., 1981, Section 1903, the Board of County Commissioners is authorized to enter into Agreements with municipalities to construct, improve, and repair any of the streets of such municipalities, and; WHEREAS, the County is desirous of participating in projects and the provision of services mutually advantageous to the County and other units of government; THEREFORE, in consideration of the covenants and conditions hereinafter contained, the parties hereto agree as follows: 1. The duration of this Agreement shall be from the date of execution of this Agreement until the project is complete. 2. The purpose of this Agreement shall be to provide an asphalt overlay as directed by City on the street surfaces depicted in the attached Exhibit "A ". 3. The City shall provide all the necessary materials for the asphalt overlay. 4. The County shall provide the materials, easements, and traffic control for the full depth patching required prior to overlay and will pay for the expense for fuel, equipment maintenance and other miscellaneous costs. 5. The County shall provide the necessary labor and equipment to complete the project. 6. This Agreement shall be effective from and after the date of execution hereof and is intended only for the purpose described in Section 2 above. 7. The rights, duties, and obligations under or arising from this Agreement shall not be assigned by either party hereto without the express written consent of the other. Approved by the Owasso City Council on the 18th day of April, 2023. ATTEST: Juliann M. Stevens, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney CITY OF OWASSO, OKLAHOMA Kelly Lewis, Mayor Approved by the Board of County Commissioners of Tulsa County, Oklahoma on the day of 2023. TULSA COUNTY BOARD OF COUNTY COMMISSIONERS ATTEST: Michael Willis, County Clerk BY: District Attorney Kelly Dunkerley, Chairman TO: The Honorable Mayor and City Council FROM: Roger Stevens, Public Works Director SUBJECT: Engineering Design Services Amendment No.2 DATE: April 14, 2023 BACKGROUND: In February 2019, City Council approved an Agreement for Engineering Services for the design of the East 1061h Street North and North 129th East Avenue Intersection Improvement Project with Garver, LLC, of Tulsa, Oklahoma, in the amount of $180,000.00. The original agreement included the following services: • Perform conceptual phase of the widening project; • Perform operational, capacity and level of service analysis on intersection to warrant signals and lane configurations; • Prepare plans that include: • Utility relocation design of the public utilities; • Road widening of intersection of East 106th Street North /North 129th East Avenue; • Traffic Signalization Plans; • Modifying bridge box east of North 129th East Avenue; • Prepare right-of-way documents; • Coordinate private utility relocations; • Prepare public utility relocation plans; • Prepare permits; • Preparing bid documents; • Assist with bidding and construction; • Provide construction assistance. In April 2020, Amendment No.l for Engineering Services was approved in the amount of $24,900.00 for a total Amended Contract Amount of $204,900.00. The additional scope of engineering and re- design was needed for two proposed roadway reinforced concrete boxes for the conveyance of stormwater. AMENDMENT NO. 2: City staff is in the process of acquiring right -of -way for the construction of the intersection improvements. As part of the negotiations, two property owners have requested their access points be relocated on the property. In addition, staff has increased the scope of work by adding a segment of roadway to extend the outermost northbound lane of North 129th East Avenue, north to the Rejoice Christian School driveway, to function as a right -turn lane into the school. As a result, additional design has to be performed and modifications need to be made to the design plans. The proposed fee for Amendment No. 2 is $10,900.00, for a total amended contract amount of $215,800.00. FUNDING: Funding is available in the Capital Improvements Fund budget. 106th & 129th Intersection Page 2 RECOMMENDATION: Staff recommends authorization for payment of Amendment No. 2 to the Agreement for Engineering Services for the design of the East 106th Street North and North 129th East Avenue Intersection Improvement Project with Garver, LLC, Tulsa, Oklahoma, in the amount of $10,900.00 and authorization to execute all necessary documents. ATTACHMENTS: Location Map Amendment No. 2 E 106 St N and N 129 E Ave Intersection Improvements Sub Title 04/11/2023 This map may represents a visual display of related geographic information. Data provided here on is not guarantee of acutual field conditions. To be sure of complete accuracy, pleas=_ contact the responsible staff for most up- to-date information. AMENDMENT NO.2 TO THE AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK EAST 106TH STREET NORTH & 129TH EAST AVENUE INTERSECTION IMPROVEMENTS THIS AMENDMENT, made and entered into this 18th day of April 2023 between the City of Owasso, Oklahoma, a Municipal Corporation, of Oklahoma, hereinafter referred to as CITY, and Garver. LLC hereinafter referred to as ENGINEER; WITNESSETH: WHEREAS, CITY and ENGINEER entered into and AGREEMENT, dated February 5, 2019, under which the ENGINEER was to provide professionsl services for East 106s, Street North and 129th East Avenue Intersection 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; NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: 1. 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 AMENDMENT. 2, COMPENSATION. CITY shall pay ENGINEER in accordance with Attachment D, COMPENSATION, which are attached hereto and incorporated by reference as part of this AMENDMENT. 3. All other terms and conditions of the AGREEMENT of February 5, 2019 shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this AGREEMENT in multiple copies on the respective dates herein below reflected to be effective on the date executed by the Mayor of the City of Owasso. ENGINEER AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK EAST 106TH STREET NORTH & 129TH EAST AVENUE INTERSECTION IMPROVEMENTS Scope of Services Attachment B B. Basic Services of ENGINEER. The basic services of the ENGINEER shall be amended to include the following tasks: B.I. Prepare detailed final construction plans for an additional segment of roadway to extend the outermost northbound lane of 1291b E. Avenue north to the Rejoice Christian School driveway to function as a right -turn lane into the school. Tlus will include but is not limited to updates to typical sections, quantities, erosion control, the drainage system, plan and profile sheets, signing and striping, and cross sections. APPROVED: City Clerk, Juliann M. Stevens APPROVED AS TO FORM: City Attorney, Julie Lombardi CITY OF OWASSO, OKLAHOMA Mayor, Kelly Lewis Date April 18, 2023 TO: The Honorable Mayor and City Council FROM: Christopher A. Garrett, Assistant City Manager SUBJECT: Vehicle Leasing from Enterprise Fleet Management, Inc. DATE: April 14, 2023 BACKGROUND: On August 3, 2021, City Council approved the Master Equity Lease Agreement with Enterprise Fleet Management, Inc. The Master Equity Lease Agreement establishes the business relationship between the City and Enterprise Fleet Management, Inc., which allows staff to initiate capital leasing arrangements for vehicles proposed as part of the FY 2023 Budget. Due to a lack of inventory within the automotive industry, the availability of half -ton and three - quarter -ton trucks identified in the FY 2023 Budget has been sporadic. Staff has been notified by Enterprise Fleet Management that almost all of the vehicles staff ordered in June, 2022 are being readied for delivery. The vehicles staff is proposing to lease include: Five (5) 2023 RAM 1500 Pickup Trucks Two (2) for Community Development One (1) for Engineering One (1) for Building Maintenance One (1) for Stormwater One (1) 2023 RAM 1500 Pickup Truck (Red) Fire Department Three (3) 2023 RAM 2500 Pickup Trucks Stormwater $857.84 /Month for each $927.59 /Month $995.47 /Month for each To move forward, staff is seeking approval to enter into a forty-eight-month lease with Enterprise Fleet Management, Inc. to lease the nine vehicles listed above at the corresponding lease rates. As a reminder, the forty- eight -month leasing period extends beyond FY 2023, thus future payments due in months beyond June 2023 are contingent upon annual appropriations by the City Council. The leasing period does not begin until the vehicle is delivered to the City for use. FUNDING: Funding is available in the FY 2023 Budget. RECOMMENDATION: Staff recommends approval of an Open-End (Equity) Lease from Enterprise Fleet Management, Inc., of Clayton, Missouri, for a lease period of forty-eight months, contingent upon annual appropriations by the City Council, and authorization to execute all necessary documents to lease five 2023 RAM 1500 Pickup Trucks for $857.84 /Month for each, one 2023 RAM 1500 Pickup Truck (Red in color) for $927.59 /Month, and three 2023 RAM 2500 Pickup Trucks for $995.47 /Month for each. CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 04/08123 Department Payroll Expenses Total Expenses 105 Municipal Court 6,191.52 9,759.42 110 Managerial 26,800.44 36,867.72 120 Finance 20,337.10 31,139.66 130 Human Resources 11,392.77 17,171.57 160 Community Development 20,595.00 31,105.60 170 Engineering 22,038.43 33,636.28 175 Information Systems 19,759.56 27,903.92 181 Support Services 11,341.22 16,746.27 190 Cemetery 458.64 1,803.19 201 Police Grant Overtime 215 Central Dispatch 2,774.56 4,112.47 221 Animal Control 5,538.40 7,866.02 280 Emergency Preparedness 2,627.02 3,654.05 370 Stormwater /ROW Maint. 9,536.73 14,792.79 515 Park Maintenance 9,681.08 15,086.47 520 Culture /Recreation 9,321.40 14,882.47 550 Community - Senior Center 7,714.83 10,221.33 580 Historical Museum 832.40 929.37 720 Strong Neighborhood 420.00 517.98 General Fund Total 187,361.10 278,196.58 185 Garage Fund Total 8,681.76 1!L595 58 255 Ambulance Fund Total 4,984.62 5,565.34 215 E911 Communication 28,289.53 43,108.60 250 Fire Fund 37 Total 219,782.97 334,362.99 201 Police Fund 38 Total 213,280.75 319,811.88 300 Streets Fund 39 Total 24,029.42 40,773.40 370 Stormwater Fund 27 Total 6,663.77 11,080.57 150 Worker's Compensation Total 720 Strong Neighborhoods Total 4,564.25 6,479.85 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 4112 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE ADMIN FEES DENTAL DEPT TOTAL VSP VISION MEDICAL SERVICES VISION MEDICAL SERVICES VISION DEPT TOTAL HEALTHCARE SELF INSURANCE FUND TOTAL AMOUNT 60,056.24 15,245.99 45,658.57 124,534.23 37,507-35 283,002.38 6,007.12 5,647.94 3,447.89 15,102.95 521.09 3,079.80 3,600.89 301,706.22 CITY OF OWASSO GENERAL FUND & HALF -PENNY SALES TAX FISCAL YEAR 2022.2023 Budgetary Basis Statement of Revenues & Expenditures As of March 31. 2023 FUND BALANCE (Budgetary Basis) Beginning Balance Ending Balance Q: \Finance (120)\4ccounting \Reports \Current FY\GF Financials 20,365,421 20,365,421 $ 22,645,293 $ 13,775,224 MONTH YEAR PERCENT TO -DATE TO -DATE BUDGET OF BUDGET REVENUES: Taxes $ 3,349,832 $ 34,492,818 $ 43,633,932 79.05% Licenses & permits 49,140 218,627 324,752 67.32% Intergovernmental 107,833 1,004,635 1,472,737 68.22% Charges for services 71,302 611,931 771,157 79.35% Fines & forfeits 43,623 315,330 181,100 174.12% Other 532 180,857 175,873 102.83% Interest 34,602 194,966 77,446 251.74% TOTAL REVENUES $ 3,656,863 $ 37,019,163 $ 46,636,997 79.38% EXPENDITURES: Personal services $ (2,614,105) $ (18,142,701) $ (25,386,558) 71.47% Materials & supplies (112,250) (1,287,815) (2,105,518) 61.16% Other services (174,201) (2,105,634) (3,979,819) 52.91% Capital outlay (206,712) (1,490,052) (6,505,694) 22.90% Deferred Budget - COVID Grant 0.00% TOTAL EXPENDITURES $ (3,107,269) $ (23,026,202) $ (37,977,589) 60.63% REVENUES OVER EXPENDITURES $ 549,594 $ 13,992,960 $ 8,659,408 TRANSFERS IN (OUT): Transfers in $ 1,813,783 $ 17,641,647 $ 22,522,339 78.33% Transfers out (2,833,287) (27,910,583) (37,771,944) 73.89% TOTAL TRANSFERS $ (1,019,504) $ (10,268,936) $ (15,249,605) 67.34% NET INCOME (LOSS) $ (469,910) $ 3,724,025 $ (6,590,197) ENCUMBRANCES OUTSTANDING $ (1,444,153) FUND BALANCE (Budgetary Basis) Beginning Balance Ending Balance Q: \Finance (120)\4ccounting \Reports \Current FY\GF Financials 20,365,421 20,365,421 $ 22,645,293 $ 13,775,224 Scott A. Thompson .4 OKLAHOMA P Kevin Stitt Executive Director Environmental Governor March 16, 2023 Mr. Roger Stevens, Public Works Director City of Owasso P.O. Box 180 (301 W. 2nd Ave.) Owasso, Oklahoma 74055-0180 Re: Permit No. SL000072230162 Larkin Bailey Foundation Sanitary Sewer Facility No. S -21310 Dear Mr. Stevens: Enclosed is Permit No. SL000072230162 for the construction of 2,268 linear feet of ten (10) inch PVC sanitary sewer line and all appurtenances to serve the Larkin Bailey Foundation, Tulsa County, Oklahoma. The project authorized by this permit should be constructed in accordance with the plans approved by this Department on March 16, 2023. Any deviations from the approved plans and specifications affecting capacity, flow or operation of units must be approved, in writing, by the Department before changes are made. Receipt of this permit should be noted in the minutes of the next regular meeting of the City of Owasso, after which it should be made a matter of permanent record. We are returning one (1) set of the approved plans to you, one (1) set to your engineer and retaining one (1) set for our files. Respectfully, Qusay Kabariti, P.E. Construction Permit Section Water Quality Division QK/RC /md Enclosure c: Debbie Nichols, Regional Manager, DEQ TULSA DEQ OFFICE Daniel L. Ashbaugh, P.E., Walter P. Moore and Associates, Inc. 707 N. ROBINSON ST, OKLAHOMA CITY, OK 73102 -OFFICE: 405- 702 -0100 STATE OF OKLAHOMA OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY � DEQ.OK.GOV Scott A. Thompson Executive Director OKLAHOMA Environmental PERMIT TO CONSTRUCT Kevin Stitt Governor PERMIT No. SL000072230162 SEWER LINES FACILITY No. S -21310 March 16, 2023 Pursuant to O.S. 27A 2 -6 -304, the City of Owasso is hereby granted this Tier I Permit to construct 2,268 linear feet of ten (10) inch PVC sanitary sewer line and all appurtenances to serve the Larkin Bailey Foundation, located in Section 18, T -21 -N, R -14 -E, Tulsa County, Oklahoma, in accordance with the plans approved March 16, 2023. By acceptance of this permit, the permittee agrees to operate and maintain the facilities in accordance with the "Oklahoma Pollutant Discharge Elimination System Standards - OPDES" (OAC 252:606) rules and to comply with the state certification laws, Title 59, Section 1101 -1116 O.S. and the rules and regulations adopted thereunder regarding the requirements for certified operators. This permit is issued subject to the following provisions and conditions. 1) That the recipient of the permit is responsible that the project receives supervision and inspection by competent and qualified personnel. 2) That construction of all phases of the project will be started within one year of the date of approval or the phases not under construction will be resubmitted for approval as a new project. 3) That no significant information necessary for a proper evaluation of the project has been omitted or no invalid information has been presented in applying for the permit. 4) That wherever water and sewer lines are constructed with spacing of 10 feet or less, sanitary protection will be provided in accordance with OAC 252:656- 5- 4(c)(3) of the standards for Water Pollution Control Facility Construction. 5) That tests will be conducted as necessary to ensure that the construction of the sewer lines will prevent excessive infiltration and that the leakage will not exceed 10 gallons per inch of pipe diameter per mile per day. 6) That the Oklahoma Department of Environmental Quality shall be kept informed of occurrences which may affect the eventual performance of the works or that will unduly delay the progress of the project. 7) That the permittee will take steps to assure that the connection of house services to the sewers is done in such a manner that the functioning of the sewers will not be impaired and that earth and ground water will be excluded from the sewers when the connection is completed. 8) That any deviations from approved plans or specifications affecting capacity, flow or operation of units must be approved by the Department before any such deviations are made in the construction of this project. 707 N. ROBINSON ST, OKLAHOMA CITY, OK 73102. OFFICE: 405 -702 -0100 STATE OF OKLAHOMA OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY • DEQ.OK.GOV Scott A. Thompson Executive Director OKLAHOMA Environmental PERMIT TO CONSTRUCT Kevin Stitt Governor PERMIT No. SL000072230162 SEWER LINES FACILITY No. S -21310 9) That any notations or changes recorded on the official set of plans and specifications in the Oklahoma Department of Environmental Quality files shall be part of the plans as approved. 10) That the recipient of the permit is responsible for the continued operation and maintenance of these facilities in accordance with rules and regulations adopted by the Environmental Quality Board, and that this Department will be notified in writing of any sale or transfer of ownership of these facilities. 11) The issuance of this permit does not relieve the responsible parties of any obligations or liabilities which the permittee may be under pursuant to prior enforcement action taken by the Department. 12) That the permittee is required to inform the developer/builder that a DEQ Storm Water Construction Permit is required for a construction site that will disturb one (1) acre or more in accordance with OPDES, 27A O.S. 2 -6 -201 et. seq. For information or a copy of the GENERAL PERMIT (OKR10) FOR STORM WATER DISCHARGES FROM CONSTRUCTION ACTIVITIES, Notice of Intent (NO[) form, Notice of Termination (NOT) form, or guidance on preparation of a Pollution Prevention Plan, contact the Storm Water Unit of the Water Quality Division at P.O. Box 1677, Oklahoma City, OK 73101 -1677 or by phone at (405) 702 -8100. 13) That all manholes shall be constructed in accordance with the standards for Water Pollution Control Facility Construction (OAC 252:656 -5 -3), as adopted by the Oklahoma Department of Environmental Quality. 14) That when it is impossible to obtain proper horizontal and vertical separation as stipulated in Water Pollution Control Facility Construction OAC 252:656- 5- 4(c)(1) and OAC 252:656- 5- 4(c)(2), respectively, the sewer shall be designed and constructed equal to water pipe, and shall be pressure tested using the ASTM air test procedure with no detectable leakage prior to backfilling, in accordance with the standards for Water Pollution Control Facility Construction OAC 252:656-5 - 4(c)(3). Failure to appeal the conditions of this permit in writing within 30 days from the date of issue will constitute acceptance of the permit and all conditions and provisions. i7�r.cb CP, Water 707 N. ROBINSON ST., OKLAHOMA CITY, OK 73102 -OFFICE: 405- 702 -0100 STATE OF OKLAHOMA OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY - DEQ.OK.GOV