HomeMy WebLinkAbout2009.06.09_Worksession AgendaPUBLIC NOTICE OF THE MEETING OF THE
OWASSO CITY COUNCIL
TYPE OF MEETING:
DATE:
TIME:
PLACE:
Special
June 9, 2009
6:00 p.m.
Old Central Building
109 N. Birch
Notice and agenda filed in the office of the City Clerk and posted on the City Hall bulletin board
at 5:00 PM on Friday, June 5, 2009.
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Juli~. Stevens, Deputy City Clerk
AGENDA
1. Call to Order
Mayor Stephen Cataudella
2. Discussion relating to Community Development Items
Mr. Rooney
Attachment #2
A. Request for Annexation (1)
B. Proposed resolution relating to Community Development Block Grants (CDBG)
for 2008 and 2009
3. Discussion relating to Public Works Department Items
Mr. Rooney
Attachment #3
A. Review bids received for the FY 08-09 Street Rehabilitation Program
B. Proposed amendment to Engineering Services Agreement for the N. Garnett
Regional Detention Pond
C. 2009 Water Quality Report
Owasso City Council
June 9, 2009
Page 2
4. Discussion relating to City Manager Items
Mr. Ray
A. Citizen Board & Committee appointments
B. Proposed FY 2009-2010 Budget
C. City Manager Report
5. Report from City Councilors
6. Adjournment
MEMORANDUM
TO: HONORABLE MAYOR AND MEMBERS OF THE COUNCIL
CITY OF OWASSO
FROM: LARISSA DARNABY
CITY PLANNER
SUBJECT: ANNEXATION 09-01
DATE: JUNE 4, 2009
BACKGROUND:
The City of Owasso has received a request for the annexation of approximately 21 acres,
located near the southeast corner of North 145th East Avenue and East 106`" Street North. It
is the intention of the property owner to rezone the property and develop it for multi-family
and single-family residential use.
LOCATION:
Located near the southeast corner of East 106th Street North and North 145th East Avenue,
the subject property wraps around the tract that sits on the hard corner of the intersection.
EXISTING LAND USE:
Undeveloped
SURROUNDING LAND USE:
North: Single-Family Residential, with the hard corner of the northeast corner of 145th East
Avenue and East 106th Street North being zoned for commercial uses
South: Rogers County ResidentialPinebrook Crossing
East: Rogers County Agricultural
West: Currently undeveloped, but zoned for Multi-Family Residential and Commercial
UsesCoffee Creek
PRESENT ZONING:
AG (Agricultural District) Rogers County
MASTER PLAN DESIGNATION:
The planned land use for the property is transitional, which would allow duplex, town
homes, multi-family residential, and office developments.
DEVELOPMENT PROCESS:
The first step in the development of a piece of property in Owasso is annexation.
Annexation is the method whereby land located outside the city limits is made a part of the
city. Property owners and land developers sometimes choose to have their property
annexed into Owasso in order to receive Owasso municipal services, such as police
protection, refuse collection, and sanitary sewer.
The second step in the development of a piece of property in Owasso is rezoning. When a
property is annexed into Owasso, by law it must come in classified for AG Agricultural
use. In order to develop the property, the land must be zoned for particular kinds of uses,
such as residential, office, commercial, or industrial. Rezoning decisions are made in
accordance with the growth policy displayed in the Owasso Master Plan.
The third step in the development of a piece of property in Owasso is platting. Once the
property development proposal shows a division of lots that is acceptable to both the
developer and the City of Owasso, a final plat application is submitted. A final plat
illustrates the layout and dimension of lots included on the final plat, right-of--way widths,
easements, and other physical characteristics that must be provided for review by the City.
ANALYSIS:
The City of Owasso has received a request from Mark Bedair for the annexation of
approximately 21 acres, more or less. The subject property is located of the southeast
corner of East 106t" Street North and North 145t" East Avenue. The property is currently
undeveloped. Rural residential development exists to the south and west. The property is
currently zoned AG (Agricultural District) in Rogers County, it is surrounded by AG
(Agricultural District) A general area map and complete legal description are attached for
you review.
At this time, it is staff's understanding the applicant is requesting this annexation petition in
order to begin a process that will result in the development of residential facilities to the
site which would include attached-single family dwelling units and multi-family dwelling
units. If the property is annexed into the city, the applicant will be required to follow
normal development procedures which would include rezoning, preliminary and final plat
and site plan review. If annexed, any development proposed for the property would be
required to meet the Owasso Zoning Code and the Owasso Subdivision Regulations and
any appropriate site engineering standards as prescribed by Public Works including but not
limited to paved streets and sidewalks.
Development of the property would be required to participate in the Elm Creek Interceptor
sanitary sewer payback ($1580.00 per acre), the TTC Interceptor sanitary sewer payback
($1000.00 per acre), and the emergency storm siren fee ($35.00 per acre). The property will
be served sewer by the City of Owasso and water by the Rural Water District #3 of Rogers
County. Preliminarily, it appears that the property contains a significant amount of
floodplain. During the development process, the staff will ensure compliance with federal,
state and local flood development regulations.
The Owasso Land Use Master Plan calls for transitional use developments to occur in this
general area.
Staff published legal notice of the annexation petition in the Owasso Reporter and letters of
notification were mailed to property owners within a 300' radius.
ANNEXATION COMMITTEE:
The Owasso Annexation Committee reviewed the annexation request at their regularly
scheduled meeting on March 25, 2009. At that meeting, the committee voted to recommend
approval of the annexation.
PLANNING COMMISSION MEETING:
The Owasso Planning Commission reviewed the annexation request at their regularly
scheduled meeting on April 13, 2009, the item passed with a 4-1 vote. At the Planning
Commission hearing, two citizens spoke about the annexation request, voicing concerns
about stormwater drainage and lack of notification.
The citizens reside within Pinebrook Crossing, a single-family subdivision located
immediately south and downstream of the property that is the subject of the annexation
request. Municipal drainage laws require that the rate of stormwater runoff after
development occurs is no greater than the rate of stormwater runoff existing prior to
development. Annexation of the property would place any future development under the
jurisdiction of the City of Owasso, who would enforce such regulations.
Staff decided it would be best to postpone the City Council hearing until May 5, 2009, so
that Rogers County property owners who were not notified of the Planning Commission
hearing could be adequately notified of the City Council hearing. Subsequent to the
Planning Commission meeting, Community Development staff hand delivered notices to
the Rogers County properties identified as being within the 300' radius. The notice that was
hand delivered stated the time and location of the City Council meeting at which the
annexation request would be heard.
CITY COUNCIL MEETING:
The Owasso City Council reviewed the annexation request at their regularly scheduled
meeting on May 5, 2009. Citizens addressed the Council regarding issues pertaining to
landowner notification and drainage. Among those who spoke were Paula Hamlin, Dutch
Harbert, Tommy Rodriguez, Charlie Brown, and Paul Pennekamp. After Council
discussion regarding the delay in notifying Rogers County landowners of the request for
annexation, Councilor Bonebrake entered a motion to refer this item back to the Planning
Commission to start the annexation process again. The motion was seconded by Councilor
Sinex. There was no opposition to the motion.
PLANNING COMMISSION:
Following the City Council's action, the Community Development Department received a
new radius report that included all property owners within 300' of the property. Notices
were sent out in a timely fashion and notice of the meeting has been published.
The Owasso Planning Commission will hear this item at their regularly schedule meeting
on June 8, 2009.
RECOMMENDATION:
The staff finds that the property is likely to develop. If such development occurs within
Owasso's corporate limits, then the improvements will be inspected according to City
standards; whereas the development could still take place if the annexation is not approved,
but in that case the improvements would only be required to meet the standards of Rogers
County.
Staff intends to recommend approval of the request to annex the property into the corporate
limits of the City of Owasso.
ATTACHMENTS:
General Area Map
SUBJECT PROPERTY CITY OF OWASSO
02/18/09
Legend
North
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111 N. Main Street
P.O. Box 180
Owasso, OK 74055
918.376.1500
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: ERIC WILES
COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: PUBLIC HEARING FOR CDBG '08 AND CDBG '09, AND RESOLUTION
FOR CDBG `08
DATE: June 4, 2009
BACKGROUND:
As a member of the Tulsa Urban County Community Development Block Grant (CDBG) program, the
City of Owasso is eligible to apply for CDBG funds for both the '08 and '09 projects. Previously, Owasso
received CDBG money via the Small Cities Set-Aside program administered by the Oklahoma Department
of Commerce. Now that the City participates in the Urban County program, more money is available, and
the local match requirement has been removed.
For CDBG '08, the City of Owasso is allocated $96,429, and it is anticipated that for CDBG '09, the
allocation amount will be $99,106.
REQUEST:
With both of these projects at the beginning stage of design and development, the first requirement for the
City of Owasso is to conduct a public hearing in order to solicit citizen comments about how the grant
funds should be utilized. From its preliminary evaluation, the staff recommends using the funds for the
following projects:
1. Improvements to the Rayola Park trail
2. Improvements to the Rayola Park drainage channel
3. Decorative lighting for the Rayola Park trail
4. Improvements to handicap accessibility for Old Central and City Hall
The second requirement is the approval of a resolution whereby the City of Owasso requests CDBG funds
for the two fiscal years. That resolution is attached with this memorandum, and is a principal component of
the application for grant funds.
RECOMMENDATION:
The staff intends to recommend the Council hold a public hearing to gather public input on community
development needs for CDBG '08 and CDBG '09, and that the City Council approve Resolution No. 2009-
07.
ATTACHMENTS:
Notice of Public Hearing
Resolution No. 2009-07
CDBG application documents
NOTICE OF TULSA COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT
OWASSO FY2008/FY 2009 NEEDS PUBLIC HEARING
A Public Hearing will be held at 6:30 p.m., June 16, 2009 in the City Council
Meeting Room at 109 North Birch, Owasso, to receive recommendations on
community development needs for the City of Owasso as a member of the Tulsa
County CDBG Urban County. Tulsa County has received $1,255,996 in FY 2008
CDBG funds from the Department of Housing and Urban Development. The
amount of these funds allocated to the City of Owasso is $96,429. The FY 09
allocation of funds is expected to total $99,106. Citizens are requested to
participate in the Hearing and express their views on community development
needs and on the allocation of these funds within the City of Owasso.
Recommendations received will be considered by the Owasso City Council, the
CDBG Urban County Policy Committee and the INCOG staff in developing
Owasso's annual Metro City application. Comments or proposals, where
feasible, will be incorporated into the FY 2008 application to be submitted to
INCOG by June 30, 2009. The FY 2009 application is due by the end of August
of 2009.
Anyone requiring special accommodations pursuant to the Americans with
Disabilities Act should notify Eric Wiles at 918/376-1545.
CITY OF OWASSO, OKLAHOMA
RESOLUTION NO. 2009-07
A RESOLUTION RELATING TO COMMUNITY DEVELOPMENT
BLOCK GRANTS (CDBG) FOR THE 2008 AND 2009 TULSA
COUNTY URBAN COUNTY PROGRAMS.
WHEREAS, the Housing and Community Development Act of 1974, as amended
(24 U.S.C. 93-383 et seq.), (the "Act"), provides that Community Development Block
Grant, ("CDBG"), funds may be used for the support of activities that provide decent
housing and suitable living environments and expanded economic opportunities
principally for persons of low- and moderate-income; and,
WHEREAS, CDBG Regulations 24 CFR 570.307(a) allow counties having a
total combined population of 200,000 or more from the unincorporated areas and
participating incorporated areas to qualify as an urban county; and,
WHEREAS, Title I of the Housing and Community Development Act of 1974,
Public Law 93-383, as amended, authorized the Secretary of Housing and Urban
Development, as a representative of the United States of America, to grant to Tulsa
County funds and administrative responsibility for the Tulsa County CDBG Urban
County program; and,
WHEREAS, a Cooperation Agreement between Tulsa County and the City has
been executed for the purpose of participation in the Tulsa County Urban County
Community Development Block Grant Program for Federal Fiscal Years 2008-2010.
NOW THEREFORE, BE IT RESOLVED by the Owasso City Council that the
City of Owasso desires to obtain assistance in addressing community development needs
and hereby requests the Tulsa County CDBG Urban County program to provide
assistance.
NOW THEREFORE, BE IT FURTHER RESOLVED by the Owasso City
Council that the City of Owasso affirms its commitment to take all action within its
power to facilitate the receipt of the assistance of community development funds, and
upon receipt to administer said grant by the rules and regulations established by the
United States of America, the State of Oklahoma, Tulsa County and all empowered
agencies thereof.
Approved this day of June 2009, at a regularly scheduled meeting of the
City of Owasso, in compliance with the Open Meeting Act, 25 O.S. §§ 301-314 (2001).
City of Owasso, Oklahoma
Steven Cataudella, Mayor
ATTEST:
Sherry Bishop, City Clerk
METRO CITY APPLICATION GUIDANCE
The CDBG program is authorized under Title I of the Housing and Community
Development Act of 1974, as amended.
The purpose of this Application Guidance is to provide assistance in preparing a
Community Development Block Grant- Metro City application for the FY2008
Tulsa County CDBG Urban County Program.
Eligible Entities
Cities included in the Tulsa County CDBG Urban County Metro City designation,
the funding allocation to the city, and the percentage of low and moderate
income population for each is listed below:
Allocation
Amount
Broken Arrow $450,000
Bixby $70,026
Jenks $41,327
Owasso $96,429
Sand Springs $94,133
Sapulpa $148,087
Applications should be submitted to:
Percentage
Low/Mod
Population
23.40
26.24
24.72
27.92
37.33
49.78
INCOG
Claudia Brierre
201 West 5t'' Street, Suite 600
Tulsa, OK 74103
Section One
National Objective
The primary National Objective of the Community Development Block Grant
(CDBG) Program is the "development of viable urban communities by providing
decent housing and a suitable living environment, particularly for persons of low
and moderate incomes." All project proposals submitted for funding through the
CDBG Program must document the achievement of at least one of the following
National objectives:
Guidance
Community Devebpment Block Grant (CDBG)
2006 Tulsa County Urban County
Page 1 of 6
• Provide benefit to low and moderate income persons.
• Aid in the prevention or elimination of slums or blight.
• Meet other community development needs having particular urgency,
posing a serious or immediate threat to the health or welfare of a
community.
Most CDBG applicants qualify their project activities under the National
Objective of benefit to low and moderate income persons. Applicants are
cautioned that qualifying a project under slum or blight or urgent need is a
difficult process that has very limited application and can only be used under
special conditions and circumstances. Therefore, you are urged to qualify your
proposal under benefit to low and moderate income persons. Applicants who
qualify a proposal using slum and blight or urgent need must receive guidance
and approval from INCOG.
To qualify for CDBG funding under the National Objective of benefit to low and
moderate income persons, the proposed project activities must show a positive
or general improvement of living condition in a definable geographic target area
where at least 51 % of the occupied households/homes are of low and moderate
income families. Low and moderate income families have an income equal to or
less than the current Section 8 low income limits established by the United
States Department of Housing and Urban Development (HUD). Each activity
proposed for funding with Community Development Block Grant(CDBG) dollars
claiming the National Objective of benefit to low and moderate income persons,
must provide data indicating the percentage of low and moderate income
beneficiaries.
Application Criteria
1. No matching funds are required.
2. No administration expenses will be funded with CDBG funds.
3. Engineering is a permissible use of CDBG funds.
4. Income surveys of the project target area must be conducted. The use of
Census Tract or Block Group data to document the percentage of low and
moderate income beneficiaries for any CDBG funded activity should receive
prior INCOG review and approval.
5. Applicants must hold an application phase Public Hearing informing citizens
of the proposed project and submit documentation of the Public Hearing with this
application. Notice must be given at least 14 days prior to the public hearing by
publication in jurisdiction newspapers; or by posting at city halls. Acceptable
documentation consists of the affidavit of publication or a copy of the newspaper
article announcing the public hearing, or copy of certified posted notice. Tulsa
County has prepared a Citizen Participation Plan on behalf of the Urban County
Guidance
Community Development Block Grant (CDBG)
2008 Tulsa Courriy Urban County
Page 2 of 6
communities; therefore, the individual community does not need to prepare a full
Citizen Participation plan.
6. Specific projects identified in the application must have cost estimates derived
from professional sources. Water and wastewater projects that require
Oklahoma Department of Environmental Quality construction permitting must
have certified cost estimates from a professional engineer licensed to work in
Oklahoma. For other types of projects, professional cost estimates may be
derived from architects, engineers, vendors, construction companies, or
appropriate personnel qualified to make such estimates.
Use of Funds
The CDBG Program funds a broad array of projects and activities including but
not limited to the following:
• Water and wastewater system improvements
• Solid waste
- Fire protection
• Streets
• Parks
• Housing activities including construction, emergency repair,
rehabilitation
• Acquisition of real property for eligible public purposes
• Clearance, demolition and removal of buildings and improvements
• Senior citizen centers
• Gas and electrical system improvements
• Removal of architectural barriers associated with handicapped areas
• Storm water drainage improvements
• Economic Development
• Social services- (City of Broken Arrow only)
Guidance regarding eligibility requirements can be found in 24CFR 570.201 of
the Federal Housing and Community Development Act of 1974, as amended.
Proposal Guidance
Applicants are encouraged to contact the staff persons listed below with
questions regarding program requirements, project conceptualization, or any
portion of the Application Packet and/or Guidelines.
Claudia Brierre 579-9431
Andy Armstrong 579-9414
Barbara Albritton 579-9420
Section Two
Guidance
Community Development Block Grant (CDBG)
2008 Tulsa County Urban County
Page 3 of 6
Required Application Documents
1. Application Summary
This form contains information about the specific project and includes a
certification from the local government attesting to the accuracy and
completeness of the application. The certification form must be completed and
signed by the chief elected official of the local government.
2. Line Item Budget (Application Form Attachment A)
The description of project activities along with a budget (form provided as
Attachment A) should be as specific as possible as they will form the
basis of your contract. This Budget should match Professional Cost Estimates
submitted with the application.
3. Direct Project Beneficiary Income Survey (Survey Summary
Form Attachment B)
Income surveys for each proposed CDBG funded activity are a requirement
unless using census tract or block group data.
Determination of project beneficiaries:
City-wide- An activity which will serve the entire city (such as wastewater
treatment), provided that the city has a low and moderate income percentage at
or above 51 %. If the LMI percentage is below 51 %, an income survey with a
75% response rate must be provided.
Area benefit- An activity which benefits all the residents in a particular area
where at least 51 percent of the residents are low and moderate income
persons. Examples would include resurfacing of a collector street or
construction of a fire department substation.
Direct benefit- An activity which requires information on household size and
income so that it is evident that at least 51 percent of the clientele are persons
whose household income does not exceed the low and moderate income limit; or
an activity which has income eligibility requirements which limit the activity
exclusively to low and moderate income persons.
Presumed benefit- Benefit a clientele that is generally presumed to be
principally low and moderate income persons. Activities that exclusively serve a
group of persons in any one or a combination of the following categories may be
presumed to benefit 51 percent low- and moderate-income persons: abused
children, battered spouses, elderly persons, adults meeting the Bureau of the
Census' Current Population Reports definition of "severely disabled," homeless
persons, illiterate adults, persons living with AIDS, and migrant farm workers.
Guidelines to identify specific beneficiaries for various activities:
Guidance
Community Development Block Grant (CDBG)
2008 Tulsa County Urban County
Page 4 of 6
• Water or Wastewater Line Replacement or Rehabilitation. Those
households directly tapped to or receiving improved service from the lines.
Generally, beneficiaries are considered those persons residing in houses who
receive their water through new, replaced or upgraded lines, or houses that
discharge sewage into or through an improved collection line or main en route to
the treatment plant.
• New Wastewater or Water Extensions to Previously Unserved Areas. The
households/homes that will actually be connected to the wastewater or water
line extensions. Service to newly-constructed subdivisions will not be funded
due to environmental review requirements.
• Flood and Drainage Improvements. Households/homes within the recognized
drainage basin.
• Fire Protection. Households/homes (buildings, vehicles and equipment)
residing within the response area of the fire station; or using actual residential
calls made by a fire station over the prior 12 month period, conduct a survey of
those residences obtaining no less than 75% response rate.
• Senior Citizen Centers and Community Centers. Households/homes within
the designated service area of the proposed center. If there is only one center in
the community, the service area can be considered to be the entire community. If
there is more than one center, then the Applicant must delineate the service
area of each center. Senior Citizen Centers are presumed to benefit low and
moderate income persons.
• Demolition/Clearance/Removal of Junk and Debris and/or Abandoned
Inoperative Vehicles. Households/homes within the geographic area
designated to receive the focus of the demolition, clearance and/or removal
activities. Typically, the properties located within the geographic area
designated to receive the demolition/removal activities are considered to be
beneficiaries.
• Provision of Accessibility for the Handicapped to Public Buildings.
The households/homes within the geographic area that receive services from the
assisted public building(s). Providing handicapped access to a city hall would
provide benefit to the households/homes in the entire city. Proposed
handicapped access activities in connection with limited clientele facilities are
presumed to benefit low and moderate income persons.
• Street Improvements/Sidewalk Improvements. The households/homes that
have at least one property line abutting the improvement.
4. Identification of Other Project Funding Sources (Application
Form Attachment C)
Guidance
Community Development Block Grant (CDBG)
2008 Tulsa County Urban County
Page 5 of 6
Match and leverage are not required for the grant, but should be identified if
applicable to the project.
5. Certified Engineering Reports and Professional Cost Estimates
(Application Form Attachment D)
Water and wastewater projects that require Oklahoma Department of
Environmental Quality construction permitting must have certified cost estimates
from a professional engineer licensed to work in Oklahoma. For other types of
projects, professional cost estimates may be derived from architects, engineers,
vendors, construction companies, or appropriate personnel to make such
estimates.
6. Applicant Resolution (Application Form Attachment E)
Applications must include a Resolution passed by the governing body requesting
CDBG assistance from the Tulsa County Urban County program. A sample
Resolution is provided as Attachment E of the application.
Guidance
Community Development Black Grant (CDBG)
2008 Tulsa County Urban County
Page 6 of 8
TULSA COUNTY URBAN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
APPLICATION FOR FY2008 FUNDS
1 Name of Unit of Local Government City of Owasso
Mailing Address 111 N. Main
Owasso, OK Zip Code +4
74055-0180
Phone Number (918) 376-1500 Fax # X918) 376-1599
FEI# 73-6069613
Chief Elected Official Stephen Cataudella
Clerk Sheny Bishop
2 Name of Staff Contact Sherry Bishop, Assistant City Manager
Phone Number (918) 376-1500 E-mail sbishop c~cityofowasso.com _
3
Project Title and Brief Description of Project
Rayola Park Trait Improvements -Use of funds will be to improve an existing walking
trail within the Park.
4
Number of beneficiaries served 1,181
Census Tract/Block Group #
5 Project Budget Summary:
CDBG Funds
Other Sources
Total
$ 96,429.00
$ .00
$ .00
Application
Community Development Block Grant (CDBG)
2008 Tulsa County Urban County
Page 1 of 2
TULSA COUNTY URBAN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
APPLICATION CERTIFICATION
The Applicant hereby certifies that all of the information contained in this application for
community development assistance through the Tulsa County CDBG Urban County
Program is true and accurate to the best of my knowledge and that all documentation
supporting the information in this application is on file in the official offices of this unit of
local government, available for review by Tulsa County/HUD during normal business
hours. The Applicant also affirms that none of the activities set forth in this application
have been initiated, nor shall they be initiated unless a grant has been awarded, a
contract fully executed, and notice has been issued by Tulsa County that release of
funds requirements have been met.
Stephen Cataudella, Mavor
(Type) Name and Title of Chief Elected Official
Date
x
[SEAL]
Signature of Chief Elected Official
State of Oklahoma
County of
Attest:
Subscribed and sworn to before me , 20
Clerk
Application
Community Development Block Grant (CDBG)
2008 Tulsa County Urban County
Page 2 of 2
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ATTACHMENT D
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
2008 TULSA COUNTY URBAN COUNTY
Please attach Certified Professional Cost Estimates/Engineering Report (where
applicable)
See attached Trail Project estimate from City Staff.
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: JOHN W. FEARY
PROJECT ADMINISTRATOR
SUBJECT: RECOMMENDATION OF AWARD FOR
FY 2008-2009 STREET REHABILATION PROJECT
DATE: June 5, 2009
BACKGROUND:
Included in FY 2008-2009 Budget, the Capital Improvements Fund allows for the expenditure of
funds for the repair and/or resurfacing of residential and non-residential roadways throughout the
City.
Seeking to further maximize return, in October 2008, the City of Owasso formally requested
assistance from Tulsa County for the completion of several roadway projects. Specifically, the
request included the use of County labor and equipment for the paving and/or resurfacing of
approximately 1.5 lane miles (or 2,270 tons of asphalt) of roadway surface (see Attachment A
for approved locations). The use of such equipment and labor is anticipated to reduce overlay
costs significantly.
In October of 2008, Tulsa County submitted an Agreement to provide an asphalt overlay for
street projects at various locations identified by the selection process (see Attachment B). The
provisions of this Agreement include:
^ The City of Owasso shall provide all required materials;
Tulsa County shall provide all necessary labor and equipment to complete the
projects; and
Duration of the Agreement shall be for a period equal to the time necessary to
complete the projects.
Council approved this Interlocal Agreement during its regular session of October 21, 2008.
ANALYSIS OF BIDS:
A Notice to Bidders was published in the Owasso Reporter on May 5, 2009 and May 12, 2009.
A mandatory pre-bid meeting was held on May 26, 2009 with nine (9) contractors present. Bids
were publicly opened on June 5, 2009 at 10:00 am at the Owasso City Hall and are currently
being analyzed by Public Works Engineering staff.
FUNDING:
Funding for this project is included in the FY 2008-2009 Capital Improvements Fund budget.
RECOMMENDATION:
A recommendation by staff will be forthcoming at the June 9, 2009 Council Work Session.
Unless there are concerns expressed by Council, staff intends to place an action item on the June
16, 2009 regular meeting agenda of the Owasso City Council requesting Council approval to
award the FY 2008-2009 Street Rehabilitation contract to the qualified bidder not to exceed
$400,000.00.
ATTACHMENTS:
A. Location Map
B. Inter-local Agreement
.o
a
2008-2009 PAVEMENT REPAIR
AND OVERLAY LOCATIONS
AGREEMENT
THIS AGREEMENT, made the ~~ day of D Cto Bc ~P, 2008, by and between the
Board of County Commissioners of Tulsa County, Oklahoma, hereinafter called
"County" and the City of Owasso, Tulsa County, 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 street resurfacing on various
Streets within the city limits of Owasso per the Owasso street repair map dated
September 2008.
3. The City shall provide traffic control and material costs.
4. The County shall provide necessary equipment and manpower to complete the
project.
5. 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.
6. 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
party.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal this
a / day of D c %o Be.~ , 2008
CITY OF OWASSO
Stephen ataudella, Mayor
APPROVED AS TO FORM:
r
lie Lombardi, City Attorney
BOARD OF COUNTY COMMISSIONERS
TULSA COUNTY, OKLAHOMA
CHAIRMAN
ATTEST:
COUNTY CLERK
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: ROGER STEVENS
PUBLIC WORKS DIRECTOR
SUBJECT: GARNETT REGIONAL DETENTION FACILITY
ENGINEERING SERVICES AGREEMENT -AMENDMENT NO. 1
DATE: JUNE 4, 2009
BACKGROUND:
In accordance with the 2005 Stormwater Master Plan, the Garnett Regional Detention project includes
the construction of a 67-acre-foot regional detention facility, with conveyance systems, to remediate
drainage issues in Ator Heights and to provide additional storage capacity for future development.
The detention facility (see Attachment A) will be located in the Northeast t/4 of the Northeast '/4 of
Section 19 (T21N, R14E ), west of North Garnett Road and south of East 96th Street North. It is
directly south of Caudle Estates and the Caudle Commercial Center, east of Fairways III Extended
and north of Ator Heights fourth addition.
The land for the detention facility was previously purchased from Owasso 20, LLC for $1,437,480.
Construction of the detention pond is currently estimated at $2,000,000.
In August 2007, City Council approved an Engineering Services Agreement with Meshek and
Associates, LLC for the preparation of construction documents for the Regional Detention Facility
and other upstream improvements for a sum not to exceed $150,000.00 (see Attachment B).
The scope of services for the August, 2007 Agreement included preparation of preliminary and final
design and the preparation of construction plans and specifications for the stormwater detention
facility west of Garnett Road and upstream appurtenant drainage improvements between North
Garnett Road and East 96th Street North on Ranch Creek Tributary A. Such conveyance appurtenance
will transport runoff from existing detention facilities along East 96th Street North, enabling the
expansion of retail development along the East 96th Street comdor. Additionally, the scope also
includes necessary services to ensure compliance with the Corps of Engineers (404 permits),
Oklahoma Water Resources Board (dam permit) and FEMA (CONK), as well as utility relocation
coordination.
Amendment No. 1 to the original agreement is presented as Attachment C. Upon approval of this
amendment the fee for Meshek and Associates, LLC will be increased by $49,000. Design phase
extra services total $27,330 and construction phase services total $21,670. The revised total
compensation for the contract as amended will be $199,000.
Garnett Regional Detention Facility -
Amendment No. 1 to Agreement for
Engineering Services
Page 2
No new fees have been added for work that was originally included in the scope of services. Only
new or previously unanticipated services are included. These extra services include professional
services from Meshek and Associates both for extra work in the design phase and for work they will
be required to undertake in the construction phase to support the completion of the project. A
description of the extra services follows.
Ator Park Mitigation Work During the course of the project assignment, it was determined that
the project would need to obtain an additional permit (a 401 certification) from the Oklahoma
Department of Environmental Quality for mitigation of wetlands disturbed by the regional pond
construction. The permit was obtained upon condition that additional offsite mitigation be
undertaken within the same watershed. Ator Park was selected as the area where the mitigation
would be performed. The additional requirements of ODEQ (see Attachment D) include the
establishment of a 30 to 60 foot wide preservation and restoration comdor totaling 26,960 square
foot (0.62 acre) as a permanent conservation easement along the stream channel within in the
park. The channel, Ranch Creek Tributary A, is the same channel that flows out of the regional
pond. Easement documents need to be created along with a plan for removal of the existing
Bermuda grass turf and replacement with native plant communities.
Services during construction include preparation of reports for ODEQ and the Army Corps of
Engineers for schedules, completion certification and monitoring reports.
2. Owasso 20 Grading Work The agreement entered into for the purchase of the land for the
regional pond from Owasso 20., LLC included provisions that the remaining Owasso 20 land
outside of the City's pond ownership area be filled with material excavated to construct the pond
(see Attachment E). The City has an obligation to provide up to 45,000 cubic yards of select fill
material to this owner. This is a mutually beneficial arrangement for the landowner and the City
of Owasso. The city gets a location directly adjacent to the site to dispose of about half of the
pond excavation volume. This location will save the city sizable costs from avoiding the need to
fill trucks and haul the material offsite to an approved location. The landowner benefits by
receiving improvements to their site that will allow for more rapid development.
Services include preparation of grading and drainage plans for the Owasso 20 parcel and to
provide drainage connections to the pond that will allow over 20 acres of watershed lying directly
east and south of the pond to drain into the pond.
As-Built Surveys and Watershed Model Updates The original Agreement did not include the
engineering services necessary during the construction phase to verify and report as-built
information to the city post-construction or to revise the City's watershed model to include the
pond in its final constructed configuration. All construction phase services that Meshek and
Associates need to provide are included in the Amended Agreement.
4. Other Services Additional engineering work covered by this agreement includes: a) Revisions to
the sanitary sewer system on and adjacent to the pond to optimize the sewer system and eliminate
the need to access portions of the system that will lie adjacent to or under the pond dam
embankment; b) Modifications to the pond embankment to maximize the storage capacity of the
pond; and c) More detailed grading quantity estimates for rock and other excavated materials from
the soil borings to reduce the risk and lower the cost to the city for project bids.
Garnett Regional Detention Facility -
Amendment No. 1 to Agreement for
Engineering Services
Page 3
FUNDING SOURCE:
Funding for the Engineering Services Agreement will be provided under the Stormwater Management
Fund.
RECOMMENDATIONS:
Staff recommends Council approval of Amendment No. 1 to the Agreement for Engineering Services
with Meshek and Associates for an additional fee not to exceed $49,000.00.
ATTACHMENTS:
A. Location Map
B. August, 2007 Engineering Contract Documents -Meshek & Associates
C. June, 2009 Amendment No. 1 to Engineering Contract -Meshek & Associates
D. Ator Park Conservation Easement
E. Pond Grading Plan and Owasso 20 Location Map
~ --~
Owasso Public Works GARNETT REGIONAL "
Department
Engineering Dig. DETENTION FACILITY W E
P.O. 180
Owasso, OK 74055
918.272.4959 LOCATION MAP
www.cityofowasso.com S
ATTACHMENT A date
ATTACHMENT B
Agreement
for
Engineering Services
96th Street North and Garnett Drainage Improvements
THIS AGREEMENT, made and entered into this day of , 2007 between the
City of Owasso, Oklahoma, a Municipal Corporation, of Oklahoma, hereinafter referred to
as CITY, Meshek & Associates, PLC, hereinafter referred to as ENGINEER;
WITNESSETH:
WHEREAS, CITY intends to construct a regional stormwater detention facility and certain
upstream drainage improvements, hereinafter referred to as the PROJECT; and,
WHEREAS, CITY requires certain professional services in connection with the PROJECT,
hereinafter referred to as the SERVICES; and,
WHEREAS, ENGINEER, is prepared to provide such SERVICES;
WHEREAS, funding is available for the PROJECT through
NOW THEREFORE, in consideration of the promises contained herein, the parties hereto
agree as follows:
SCOPE OF PROTECT. The scope of the PROJECT is described in Attachment A,
SCOPE OF PROTECT which is attached hereto and incorporated by reference as part
of this AGREEMENT.
2. SERVICES TO BE PERFORMED BY ENGINEER. ENGINEER shall perform the
SERVICES described in Attachment B, SCOPE OF SERVICES, which is attached
hereto and incorporated by reference as part of this AGREEMENT.
3. CITY'S RESPONSIBILITIES. CITY shall be responsible for all matters described in
Attachment C, RESPONSIBILITIES OF THE CITY which is attached hereto and
incorporated by reference as part of this AGREEMENT.
4. COMPENSATION. CITY shall pay ENGINEER in accordance with Attachment D,
COMPENSATION and further described in Attachment E, FEE/MANHOUR
BREAKDOWN, which are attached hereto and incorporated by reference as part of
this AGREEMENT.
5. SCHEDULE. ENGINEER shall perform the SERVICES described in Attachment B,
SCOPE OF SERVICES, in accordance with the schedule set forth in Attachment F,
SCHEDULE, attached hereto and incorporated by reference as part of this
AGREEMENT.
6. STANDARD OF PERFORMANCE. ENGINEER shall perform the SERVICES
undertaken in a manner consistent with the prevailing accepted standard for similar
services with respect to projects of comparable function and complexity and with the
applicable laws and regulations published and in effect at the time of performance of
the SERVICES. The PROJECT shall be designed and engineered in a good and
workmanlike manner and in strict accordance with this AGREEMENT. All
AGREEMENT FOR ENGINEERING SERVICES-96THGARNETT
engineering work shall be performed by or under the supervision of Professional
Engineers licensed in the State of Oklahoma, and properly qualified to perform such
engineering services, which qualification shall be subject to review by CITY. Other
than the obligation of the ENGINEER to perform in accordance with the foregoing
standards, no warranty, either express or implied, shall apply to the SERVICES to be
performed by the ENGINEER pursuant to this AGREEMENT or the suitability of
ENGINEER'S work product.
7. LIMITATION OF RESPONSIBILITY.
7.1. ENGINEER shall not be responsible for construction means, methods,
techniques, sequences, procedures, or safety precautions and programs in
connection with the PROJECT.
7.2. The presence of ENGINEER's personnel at a construction site is for the
purpose of providing to the CITY a greater degree of confidence that the
completed construction work will conform generally to the construction
documents and that the integrity of the design concept as reflected in the
construction documents has been implemented and preserved by the
construction contractor(s).
7.3. In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points
and sample intervals and at locations other than where observations,
exploration, and investigations have been made. Because of the inherent
uncertainties in subsurface evaluations, changed or unanticipated
underground conditions may occur that could affect total PROJECT cost
and/ or execution. These conditions and cost/ execution effects are not the
responsibility of ENGINEER.
7.4. Record drawings will be prepared, in part, on the basis of information
compiled and furnished by others, and may not always represent the exact
location, type of various components, or exact manner in which the PROJECT
was finally constructed. ENGINEER is not responsible for any errors or
omissions in the information from others that is incorporated into the record
drawings.
7.5. ENGINEER'S deliverables, including record drawings, are limited to the
sealed and signed hard copies. Computer-generated drawing files furnished
by ENGINEER are for CITY or others' convenience. Any conclusions or
information derived or obtained from these files will be at user's sole risk.
8. OPINIONS OF COST AND SCHEDULE.
8.1. Since ENGINEER has no control over the cost of labor, materials, equipment,
or services furnished by others, or over contractors', subcontractors', or
vendors' methods of determining prices, or over competitive bidding or
market conditions, ENGINEER'S cost estimates shall be made on the basis of
qualifications and experience as a Professional Engineer.
8.2. Since ENGINEER has no control over the resources provided by others to
meet construction contract schedules, ENGINEER'S forecast schedules shall
AGREEMENT FOR ENGINEERING SERVICES-96THGARNETT
be made on the basis of qualifications and experience as a Professional
Engineer.
9. LIABILITY AND INDEMNIFICATION.
9.1. ENGINEER shall defend and indemnify CITY from and against legal liability
for damages arising out of the performance of the SERVICES for CITY,
including but not limited to any claims, costs, attorney fees, or other expenses
of whatever nature where such liability is caused by the negligent act, error,
or omission of ENGINEER, or any person or organization for whom
ENGINEER is legally liable. Nothing in this paragraph shall make the
ENGINEER liable for any damages caused by the CITY or any other
contractor or consultant of the CITY.
9.2. ENGINEER shall not be liable to CITY for any special, indirect or
consequential damages, such as, but not limited to, loss of revenue, or loss of
anticipated profits.
10. CONTRACTOR INDEMNIFICATION AND CLAIMS.
10.1. CITY agrees to include in all construction contracts the provisions of Articles
7.1, and 7.2, and provisions providing contractor indemnification of CITY
and ENGINEER for contractor's negligence.
10.2. CITY shall require construction contractor(s) to name CITY and ENGINEER
as additional insureds on the contractor's general liability insurance policy.
11. COMPLIANCE WITH LAWS. In performance of the SERVICES, ENGINEER shall
comply with applicable regulatory requirements including federal, state, and local
laws, rules, regulations, orders, codes, criteria and standards. ENGINEER shall
procure the permits, certificates, and licenses necessary to allow ENGINEER to
perform the SERVICES. ENGINEER shall not be responsible for procuring permits,
certificates, and licenses required for any construction unless such responsibilities
are specifically assigned to ENGINEER in Attachment B, SCOPE OF SERVICES.
12. INSURANCE.
12.1. During the performance of the SERVICES under this AGREEMENT,
ENGINEER shall maintain the following insurance:
12.1.1. General Liability Insurance with bodily injury limits of not less than
$1,000,000 for each occurrence and not less than $1,000,000 in the aggregate,
and with property damage limits of not less than $100,000 for each
occurrence and not less than $100,000 in the aggregate.
12.1.2. Automobile Liability Insurance with bodily injury limits of not less
than $1,000,000 for each person and not less than $1,000,000 for each accident
and with property damage limits of not less than $100,000 for each accident.
12.1.3. Worker's Compensation Insurance in accordance with statutory
requirements and Employers' Liability Insurance with limits of not less than
$100,000 for each occurrence.
AGREEMENT FOR ENGINEERING SERVICES-96THGARNETT
12.1.4. Errors and Omissions Insurance to remain in effect during the
PROJECT and the term of any legal liability. Errors and Omissions coverage
to be for a minimum of $1,000,000, deductibles subject to approval.
12.2. ENGINEER shall furnish CITY certificates of insurance which shall include a
provision that such insurance shall not be canceled without at least 30 days
written notice to the CITY.
13. OWNERSHIP AND REUSE OF DOCUMENTS.
13.1. All documents, including original drawings, estimates, specifications, field
notes and data shall become and remain the property of the CITY.
13.2. CITY'S reuse of such documents without written verification or adaptation
by ENGINEER for the specific purpose intended shall be at CITY'S risk.
14. TERMINATION OF AGREEMENT.
14.1. The obligation to continue SERVICES under this AGREEMENT may be
terminated by either party upon fifteen days written notice in the event of
substantial failure by the other party to perform in accordance with the terms
hereof through no fault of the terminating party.
14.2. CITY shall have the right to terminate this AGREEMENT, or suspend
performance thereof, for CITY'S convenience upon written notice to
ENGINEER; and ENGINEER shall terminate or suspend performance of
SERVICES on a schedule acceptable to CITY. In the event of termination or
suspension for CITY'S convenience, CITY shall pay ENGINEER for all
SERVICES performed to the date of termination in accordance with
provisions of Attachment D, COMPENSATION. Upon restart of a suspended
project, ENGINEER's contract price and schedule shall be equitably adjusted.
15. NOTICE.
Any notice, demand, or request required by or made pursuant to this AGREEMENT
shall be deemed properly made if personally delivered in writing or deposited in the
United States mail, postage prepaid, to the address specified below.
To ENGINEER: Meshek & Associates, PLC
P.O. Box 636
20 West 2n~ Street, Suite 200
Sand Springs, OK 74063
Attention: Janet K. Meshek, PE, CFM
To CITY: CITY OF OWASSO, OKLAHOMA
P.O. Box 180
Owasso, Oklahoma 74055
Attention: Ana Stagg, PE
15.1. Nothing contained in this Article shall be construed to restrict the
transmission of routine communications between representatives of
ENGINEER and CITY.
AGREEMENT FOR ENGINEERING SERVICES-96THGARNETT
16. UNCONTROLLABLE FORCES. Neither CITY nor ENGINEER shall be considered to
be in default of this AGREEMENT if delays in or failure of performance shall be due
to forces which are beyond the control of the parties; including, but not limited to:
fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance,
sabotage; inability to procure permits, licenses, or authorizations from any state,
local, or federal agency or person for any of the supplies, materials, accesses, or
services required to be provided by either CITY or ENGINEER under this
AGREEMENT; strikes, work slowdowns or other labor disturbances, and judicial
restraint.
17. SEVERABILITY. If any portion of this AGREEMENT shall be construed by a court
of competent jurisdiction as unenforceable, such portion shall be severed herefrom,
and the balance of this AGREEMENT shall remain in full force and effect.
18. INTEGRATION AND MODIFICATION. This AGREEMENT includes Attachments
A, B, C, D, E, and F, and represents the entire and integrated AGREEMENT between
the parties; and supersedes all prior negotiations, representations, or agreements
pertaining to the SCOPE OF SERVICES herein, either written or oral. CITY may
make or approve changes within the general Scope of Services in this
AGREEMENT. If such changes affect ENGINEER'S cost of or time required for
performance of the services, an equitable adjustment will be made through an
amendment to this AGREEMENT. This AGREEMENT may be amended only by
written instrument signed by each of the Parties.
19. DISPUTE RESOLUTION PROCEDURE. In the event of a dispute between the
ENGINEER and the CITY over the interpretation or application of the terms of this
AGREEMENT, the matter shall be referred to the City's Director of Public Works for
resolution. If the Director of Public Works is unable to resolve the dispute, the matter
may, in the Director's discretion, be referred to the City Manager for resolution.
Regardless of these procedures, neither party shall be precluded from exercising any
rights, privileges or opportunities permitted by law to resolve any dispute.
20. ASSIGNMENT. ENGINEER shall not assign its obligations undertaken pursuant to
this AGREEMENT, provided that nothing contained in this paragraph shall prevent
ENGINEER from employing such independent consultants, associates, and
subcontractors as ENGINEER may deem appropriate to assist ENGINEER in the
performance of the SERVICES hereunder.
21. APPROVAL. It is understood and agreed that all work performed under this
AGREEMENT shall be subject to inspection and approval by the Public Works
Department of the City of Owasso, and any plans or specifications not meeting the
terms set forth in this AGREEMENT will be replaced or corrected at the sole expense
of the ENGINEER. The ENGINEER will meet with the City staff initially and
monthly thereafter and will be available for public meetings and/or City of Owasso
presentations.
22. KEY PERSONNEL. In performance of the SERVICES hereunder, ENGINEER has
designated Janet K. Meshek as Project Manager for the PROJECT. ENGINEER
agrees that no change will be made in the assignment of this position without prior
approval of CITY.
AGREEMENT FOR ENGINEERING SERVICES-96THGARNETT
IN WITNESS WHEREOF, the parties have executed this AGREEMENT in multiple copies
on the respective dates herein below reflected to be effective on the date executed by the
Mayor of the City of Owasso.
G\,~y O F O~
~~ ~~
'" OFFICIAL ~
SEAL
c
APPROVED:
City Clerk
APPROVED AS TO FORM:
City Attorney
Meshek & Associates, PLC
CITY OF OWASSO OKLAHOMA
Mayor
Date
AGREEMENT FOR ENGINEERING SERVICES-96THGAP,NETT
Agreement
for
Engineering Services
96th Street North and Garnett Drainage Improvements
Scope of Project
Attachment A
SCOPE OF PROTECT. The PROJECT shall consist of the preparation of preliminary and
final design phases and the preparation of construction plans and specifications for the
stormwater detention facility west of Garnett Road and upstream appurtenant drainage
improvements between Garnett Road and 96th Street North on Ranch Creek Tributary A.
The improvements include compliance with regulatory agencies including the Corps of
Engineers (404 permits), Oklahoma Water Resources Board (dam permit) and FEMA
(LOMR), as well as utility relocation coordination.
It is expected that there shall be three separate sets of construction documents which must
be prepared into in order to bring this PROJECT into being.
AGREEMENT FOR ENGINEERING SERVICES-96THGARNETT
Agreement for Engineering Services for the
City of Owasso, Oklahoma
96th Street North and Garnett Drainage Improvements
Responsibilities of the City
Attachment C
RESPONSIBILITIES OF THE CITY. The CITY agrees:
C.1 Reports, Records, etc. To furnish, as required by the work, and not at expense to the
ENGINEER:
C.1.1 Records, reports, studies, plans, drawings, and other data available in the
files of the CITY that may be useful in the work involved under this
AGREEMENT.
C.1.2 Standard construction drawings and standard specifications.
C.1.3 ENGINEER will reasonably rely upon the accuracy, timeliness, and
completeness of the information provided by CITY.
C.2 Access. To provide access to public and private property when required in
performance of ENGINEER'S services.
C.3 Staff Assistance. Designate in writing a person to act as its representative in respect
to the work to be performed under this AGREEMENT, and such person shall have
complete authority to transmit instructions, receive information, interpret and define
CITY'S policies and decisions with respect to materials, equipment, elements and
systems pertinent to the services covered by this AGREEMENT.
C.3.1 Furnish staff assistance in locating, both horizontally and vertically, existing
CITY owned utilities and in expediting their relocation as described in
Attachment B. Further, CITY will furnish assistance as required in obtaining
locations of other utilities, including "potholing".
C.3.2 Furnish legal assistance as required in the preparation of bidding,
construction and other supporting documents.
C.4 Review. Examine all studies, reports, sketches, estimates, specifications, drawings,
proposals and other documents presented by ENGINEER and render in writing
decisions pertaining thereto within a reasonable time so as not to delay the services
of ENGINEER.
C.5 Construction Administration Phase. Review and take appropriate action on
contractor shop drawings and material submittals, and review of contractor pay
estimates.
AGREEMENT FOR ENGINEERING SERVICES-96THGARNETT
Agreement for Engineering Services for the
City of Owasso, Oklahoma
96th Street North and Garnett Drainage Improvements
Compensation
Attachment D
COMPENSATION.The CITY agrees to pay, as compensation for services set forth
in Attachment B, the following fees, payable monthly as each Phase of the work
progresses; and within 30 calendar days of receipt of invoice. ENGINEER shall
submit monthly invoices based upon actual hours or work, invoiced according the
Rate Schedule provided in ATTACHMENT E, completed at the time of billing.
Invoices shall be accompanied by such documentation as the CITY may require in
substantiation of the amount billed.
D.1 Total Compensation.
D.1.1 For the work under this project, Attachment B, the total maximum
billing including direct costs and subconsultant services shall be
$150,000 which amount shall not be exceeded without further written
authorization by the CITY.
D.2 Subconsultants and Other Professional Associates. Services of
subcontractors and other professional consultants shall be
compensated for at actual cost.
D.3 Other Direct Costs.
D.3.1 Travel and subsistence shall be compensated for at actual cost. Local
travel by personal or firm automobile shall be compensated for at $.485
per mile.
D.3.2 Printing expenses shall be compensated for as shown in
ATTACHMENT E.3.
D.3.3 Any other direct costs shall be compensated for at actual cost.
D.4 Additional Services. Unless otherwise provided for in any accepted
and authorized proposal for additional services, such services shall be
compensated for on the same basis as provided for in D.2 and D3.
D.5 Terminated Services. If this AGREEMENT is terminated,
ENGINEER shall be paid for services performed to the effective date of
termination as follows:
AGREEMENT FOR ENGINEERING SERVICES-96THGARNETT
D.5.1 For hourly services as presented in D.2.
D.6 Conditions of Payment.
D.6.1 Progress payments shall be made in proportion to services rendered
and expenses incurred as indicated within this AGREEMENT and
shall be due and owing within thirty days of ENGINEER'S submittal
of his progress payment invoices.
D.6.2 If CITY fails to make payments due ENGINEER within sixty days of
the submittal of any progress payment invoice, ENGINEER may, after
giving fifteen days written notice to CITY, suspend services under this
AGREEMENT.
D.6.3 If the PROJECT is delayed, or if ENGINEER'S services for the
PROJECT are delayed or suspended for more than ninety days for
reasons beyond ENGINEER'S control, ENGINEER may, after giving
fifteen days written notice to CITY, request renegotiation of
compensation.
AGREEMENT FOR ENGINEERING SERVICES-96THGARNETT
Agreement for Engineering Services for the
City of Owasso, Oklahoma
96th Street North and Garnett Drainage Improvements
Billing Rate Sheet
Attachment E
Hourly Rates For: Meshek & Associates, Inc. Amount ($/hour):
E.1 Allowance for Office Work:
Labor billing will be computed as the actual hourly salary rate times a multiplier of
2.541. The multiplier consists of:
Salary 1.000
Overhead 1.420
Subtotal 2.420
5%Profit 0.121
Total Multiplier 2.542
E.2 Travel Expense:
Total mileage traveled for field and office visits x $0.445/mile
E.3 Reproduction costs:
E.3.1 In-house reproduction
Copies $ 0.20/each
Prints $ 2.00/each
11 x 17 Color Prints $ 3.50/each
Black and White Plots $18.00/each
Color Plots $28.00/each
E.3.2 Outside reproduction
At Cost
E.4 Miscellaneous expenses and fees:
At Cost
AGREEMENT FOR ENGINEERING SERVICES-96THGARNETT
Agreement for Engineering Services for the
City of Owasso, Oklahoma
96th Street North and Garnett Drainage Improvements
Schedule
Attachment F
F. SCHEDULE. The schedule for the preliminary design and final design phases of
the 96th Street North and Garnett Drainage Improvements project are provided as
follows:
F.1. Following completion of the preliminary grading (Item B.1.1), surveying for the
work decribed in B.1.2 will be completed within 2 weeks.
F.2 Preliminary design and preliminary probable construction cost estimate for the work
described in B.1.2 will be completed by October 1, 2007.
F.3 Following completion of the preliminary grading (Item B.1.1), geotechnical work for
the work decribed in B.1.2 will be completed within 2 weeks.
F.4 Following review by the City of Owasso, final Design and final probable
construction cost estimate for the work described in B.1.2 will be completed by
December 1, 2007 for bidding.
F.5 Geotechnical work for the work decribed in B.1.3 will be completed within 4 weeks
from the Notice to Proceed.
F.6 Surveying for the work decribed in B.1.3 will be completed within 2 weeks from the
Notice to Proceed.
F.7 Preliminary design and preliminary probable construction cost estimate for the work
described in B.1.3 will be completed by November 1, 2007.
F.8 Following review by the City of Owasso, final Design and final probable
construction cost estimate for the work described in B.1.2 will be completed by
January 2, 2008 for bidding.
F.9 This schedule is based on a Notice to Proceed on August 22, 2007
AGREEMENT FOR ENGINEERING SERVICES-96THGARNETT
MESNEI ~ ATTACHMENT C
:j E-^^RA'IiiG i~f*^R N,4''u'/P! SYi,YEr•5B
June 4, 2009
Mr. Roger Stevens
Director of Public Works
City of Owasso
301 W. 2nd Ave.
Owasso, OK 74055
Re: Amendment No. 1 to the Agreement for Engineering Services - 96 Street North
and Garnett Drainage Improvements
Dear Mr. Stevens:
A contract for the design and development of construction plans for the 96"' & Garnett
Drainage Improvements was signed on August 15, 2007, by Meshek & Associates, PLC,
and the City of Owasso, Oklahoma. The first phase of the contract was to develop
construction drawings for the 60-inch RCP along the south side of 96`~ Street North.
These documents were delivered to the City and the project was successfully
constructed. The second phase of the project consisted of a design to modify the
concrete boxes under Garnett Road. These plans were developed but not constructed
because it would require removal and replacement of two lanes of Garnett Road. The
final design item is the Regional Detention Facility. In April 2009, a set of drawings have
been submitted and reviewed by the City of Owasso. The detention facility is still under
design including several items outside of the original scope.
We have worked with Mr. Steve Albert to identify all remaining work items required to
complete the design of the Regional Detention Facility. These items, descriptions and
casts are listed in Attachment A (attached). The total cost of the additional work is
$49,000. There are some items covered by our current contract which were not
included on the list; an OWRB Application to Construct, an OWRB Notice of Completion,
filing a Letter of Map Revision (LOMR) with FEMA at the conclusion of the project,
preparation of bidding documents and final construction drawings.
We will begin upon receipt of a Notice to Proceed. We anticipate completion of the
construction drawings, specifications and bid packages within forty-five days.
www.meshekengr.com
phone: 918-392-5620 • fax: 91 B-392-5621 • 1437 South Boulder Avenue, Suite 1080, Tulsa, OK 74119
Mr. Roger Stevens
Page 2 of 2
Direct expenses will be invoiced at cost + 10%. Mileage is calculated using $0.55 per
mile or the current government rate. If additional services outside this scope of work
become necessary and are approved, our hourly rates are as follows:
Principal Engineer $130.00 per hour
Project Manager $115.00 per hour
Staff Engineer $ 80.00 per hour
GIS Specialist $ 80.00 per hour
Survey Crew $175.00 per hour
Clerical: $ 50.00 per hour
Please call if you have any questions. If you approve our proposal, please sign both
copies of this agreement letter and return one copy to us as our Notice to Proceed.
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.
Meshek & Associates. PLC
APPROVED:
City Clerk
C~ ~
W. Bran on ,~labornc, PE, CFM
Date ~L, y/
CITY OF OWASSO. OKLAHOMA
Mayor
Date
APPROVED AS TO FORM:
City Attorney
www.meshekengr.com
phone: 918-392-5620 • fax: 918-392-5621 • 1437 South Boulder Avenue, Suite 1080, Tulsa, OK 74119
Meshek 8 Associates, PLC -Attachment A
PROJECT: Additional Work Items for Owasso Regional Detention Pond
CLIENT: City of Owasso
4.lun-09
8Y: WBC
TASK SUB-TASK Description CONSTRUCTIO
N COSTS DESIGN
COS7S TASK COS7S
1 Administation/Meetings $ 2,000 $ 2,000
2 Offsite Mitigation &404 Documentation $ 19,430
a) Surveying Additional survey and staking for offsite mitigation as approved by
ODEq's 401 Water Quality Certification
$ 3,500
b) Easements Prepare documents for offsite mitigation area. $ 1,980
d) Planting Schedule Planting Schedule for additional offsite mitigation. $ 1,350
e) Design/Drawings Design channel rehabilitation area and prepare construction
drawings.
$ 1,830
f) ConstruMion Schedule As required by ALOE and ODEQ $ 3917
g) Site Protection Instrument Prepare easement. $ 1,460
h) Completion Certification As required by recently issued ALOE and ODEQfor post design
services. $ 3,020
i) Monitoring Report (Syr Post Construction) As required by recently issued ALOE and ODEQfor post design
services.
$ 5,900
3 Offsite Grading & Drainage $ 4,670
a) Develop Grading Plan Incorporate information provided by HRA to provide 45,000 CY of
select fill on ro erty adjacent to site. $ 1,280
b) Drainage Design Design inlets and pipe system to accommodate future development
of Owasso 20 parcels (7 acres on site and 7 acres off site) and safely
convey to the detention pond.
$ 920
c) Prepare Construction Drawings $ 2,470
5 Sankary Sewer Changes $ 3,420
a) Remove Alternate Option Atthe City's request. $ 1,120
b) Update Design Change alignment hosed on requested change to the sewer and
embankment from the City. $ 1,020
c) Update Construction Drawings $ 1,280
6 Embankment Modifications $ 4,550
a) Raise Embankment Update stage-stora a curves. $ 470
b) Optimize Outlet Design Use iterative soluntions to design outlet structure. $ 1,560
c) Update Report & Construction Drawings $ 2,520
7 Revised Excavation Quantities $ 2,320
a) Calculate Quantities Use additional boring information to better define the amount of
select fill available to Owasso 20 and obtain more accurate bids
including volume of rock excavation.
$ 1,520
b) Update Plans $ 800
8 As-Built Survey & Rewrd Drawings $ 12,360
a) Perform As-Built Survey Originally planned as part of construction management and not
included In design contract. $ 3,500
b) Submit Record Drawings $ 1,680
c) Prepare As-Built Report Update hydrology and hydraulic models and update drainage
report.
$ 4,100
d En ineerin Su rtDurin Construction Including regular site visits. $ 3,080
t
t'r
t
Direct Costs
Mileage, Printing (etc.) $ 250 $ 250
TOTAL S 27 330 f 49,000
3
E
.~
i
Li
ATTACHMENT D
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ATOR PARK CONSERVATION EASEMENT CITY OF OWASSO
2/23/09
Legend 111 N. Main Street
P.O. Box 180
Owasso, OK 74055
North
'vE,^.E i k?r K~3 <~:1i"~Y ~?.~f~iis ~'*:1~ 'F'=.i NI '~,~ .°^.:t3 f`§s ~.
~~~ ai sari ~ . ~r~ ~~ c~~nzA~z~: A~i, r~yui .,+ ,~~"s .. a :~s-a :a~ ~~ t~~rs tviAi~ F > y, ~ ~~ f+ 9~ ;~, 918.376.1500
.'.:1l~fLANT'Y <~k2. E2I~F'E'i Fs`•; F:N?AT'FC).h] F3Y C')"("t' cll' t~s l,",.A~:,;C'~ CST' ST'S AC-'C~Y_~f2 .~,r-.".:.
ATTACHMENT E
MEMORANDUM
TO: THE HONORABLE CHAIR AND TRUSTEES
OWASSO PUBLIC WORKS AUTHORITY
FROM: TRAVIS BLUNDELL
UTILITY SUPERINTENDENT
SUBJECT: ANNUAL WATER QUALITY REPORT
DATE: June 3, 2009
BACKGROUND:
Every year, in conformance with the Safe Drinking Water Act, the City of Owasso prepares and
distributes over 9,200 Water Quality Reports to our customers in an effort to enable our citizens
to make practical and knowledgeable decisions about their health and the environment. The
report contains basic educational information on the water quality -including levels of any
detected contaminants, and compliance with drinking water rules. At a minimum, the report must
provide consumers with the following fundamental information:
- Lake, river, aquifer, or other source of the drinking water;
- A brief summary of the susceptibility to contamination of the local drinking water source,
based on the source water assessments that states are completing over the next five years;
- How to get a copy of the water system's complete source water assessment;
- The level (or range of levels) of any contaminant found in local drinking water, as well as
EPA's health-based standard (maximum contaminant level) for comparison;
- The likely source of that contaminant in the local drinking water supply;
- The potential health effects of any contaminant detected in violation of an EPA health
standard, and an accounting of the system's actions to restore safe drinking water;
- The water system's compliance with other drinking water-related rules;
- Phone numbers of additional sources of information, including the water system and
EPA's safe drinking water hotline.
It is worth noting that because the report simply summarizes information that the City must
collect to comply with the Federal Safe Drinking Water Act, no additional monitoring is required
to comply with this mandate. Additionally, since the City purchases water from the City of
Tulsa, Owasso's Water Quality Report uses much of the educational information and monitoring
data provided by the City of Tulsa. A copy of the City of Owasso 2009 Water Quality Report is
included as Attachment A.
The mandate also requires that the City mail or deliver a copy of the Water Quality Report to
each water customer, make an effort to deliver the report to non-bill-paying customers, and
provide copies of the report upon request. The City must send a copy of the Water Quality
Report to the Oklahoma Department of Environmental Quality (ODEQ) and submit a Certificate
of Completion and Distribution by October 1, 2009. The Certificate confirms that the
information contained in the report is correct and that all distribution requirements have been
met.
COMPLIANCE STATUS:
Staff confirms that the information contained in the City of Owasso, 2009 Annual Water Quality
Report, completed in June 2009 is correct and consistent with compliance monitoring data
previously submitted to ODEQ. Copies of the report will be distributed through the June 15,
June 25 and July 5, 2009 utility bills. In addition, the report maybe viewed by visiting the City
of Owasso webpage or the offices of Public Works Department at 301 West 2nd Avenue,
Owasso.
ATTACHMENTS:
A. Copy of 2009 Water Quality Report
/'~~ Public Works Department
``,,"~// 301 West 2na Avenue
P.O. Box 180
The City Wit out Limits. OwassO.OK 74055
2009 ANNUAL WATER QUALITY REPORT
The City of Owasso is pleased to submit to you the 2009 Annual Water Quality Report. We take great pride in providing you,
our customer, with reliable and safe drinking water that meets all Federal and State regulations. Again this year, parameters in
our water are well below the maximum allowable levels.
Why are there contaminants in my drinking water?
Drinking water, including bottled water, may be expected contain at least small amounts of contaminants. The presence of
these contaminants does not necessarily indicate that water poses a health risk. More information about contaminants and
potential health effects may be obtained by calling the Environmental Protection Agency's (EPA) Safe Drinking Water Hotline
(800-426-4791). The sources of drinking water (both tap and bottled water) include rivers, lakes, streams, ponds, reservoirs,
springs and wells. As water travels over the surface of the land or through the ground, it dissolves naturally occurring minerals
and in some cases, radioactive material, and can pick up substances resulting from the presence of animals or human activity.
Contaminants that may be present in water prior to treatment include: Microbial contaminates which come from sewage
treatment plants, septic systems, agricultural livestock operations and wildlife. Inorganic contaminates are naturally-occurring
or a result from urban stormwater runoff, industrial or domestic wastewater discharges, oil and gas production and mining or
farming. Pesticides and herbicides come from a variety of sources such as agricultural urban stormwater runoff and
residential uses. Chemical contaminants include synthetic chemicals which are byproducts of industrial processes and
petroleum production that can come from gas stations, urban stormwater runoff and septic systems. Radioactive
contaminants are naturally occurring substances or the result of oil and gas production and mining activities. In order to ensure
that tap water is safe to drink, the EPA prescribes regulations which limit the amount of certain contaminants in water provided
by public water systems. Food and Drug Administration (FDA) regulations establish limits for contaminants in bottled water,
which provide protection for public health.
Is Owasso's water safe to drink?
YES! The City of Owasso and the City of Tulsa routinely monitor for constituents in your drinking water according to Federal
and State laws. In 2008, the City of Tulsa analyzed more than 2,300 samples looking for pollutants that might be dangerous to
your health and substances that can make the water taste or smell unpleasant. In addition, the City of Owasso collected 300
samples throughout the distribution. The data tabulation table shows the results of our monitoring for the period of January
through December 2008.
What does the data mean?
As you can see by the table, the drinking water delivered to Owasso area homes and businesses exceeds all federal
requirements. Although some contaminants were detected in 2008, the EPA has determined that your water is safe at these
levels.
Where does Owasso's water come from?
Our water is purchased from the City of Tulsa. The water is treated surface water transported from three sources in
northeastern Oklahoma (Lake Oologah on the Verdigris River, Lake Spavinaw and Lake Eucha on Spavinaw Creek, and Lake
Hudson on the Neosho River). After the water reaches the lakes it travels to the Mohawk and A.B. Jewell water treatment
plants where it is treated to remove substances that might threaten public health.
To Learn More about our Water Utility:
Please attend any of the regular scheduled meetings of the Owasso City Council and the Owasso Public Works Authority.
Meetings are held on the first and third Tuesday of each month at Old Central (109 N. Birch) beginning at 6:30 p.m.
How to Contact Us:
For questions concerning your water utility, please contact the Owasso Public Works Department at 272-4959. Inquires about
this report may be directed to Roger Stevens (Public Works Director). For questions about your water bill, please contact the
City of Owasso Utility Billing Office at 376-1500.
For Additional Information:
Visit our website at: www.cityofowasso.com.
2009 Annual Water Quality Report
WATER QUALITY DATA TABULATION
G~~lrt~~ t~tl<t~,~~,~ «<lr<<
rumium- level touno U.;S TT" = less than 0.3 NTU 95 percent of
N/A
Soil runoff
I,owcst monthly percent meeting r egulations 100°a the time
Total Coliform Bacteria within 0.47 % (i Presence of eoliform
°
distribution systein
positive on
11 J 13/O8~
bacteria in more than 5
%°
of monthly samples
0
Naturally present in [he environment
Lead 0.003ppm at the 90th perccntil AI,' = 0.0]5 parts per million 0 Corrosion of household plumbing systems
Gross Beta Radionuclides n/a n/a n/a 4 mrem/yr* N/A Decay of natural and man made deposils
Gross. Alpha Radionuclides 0.8 0 1.7 15 pCiJL* `s Or Erosion of natural deposits
0 060 parts per million running annual
Halo Acetic Acids 0.019 0.005 0.079 N/A By-product of drinking water disinfection
average
Total Organic. Carbon 44 % 17% 64:6 TT* =Treatment Technique NJA Naturally found in the environment
I~ luoride 0.9 0 1.7 + parts per million 2 Water additive promoting strong teeth
Nitrate 0.53 0 2 10 parts per million 10 Runollfrom fertilizer use
Chlm~ine
1.8
025
2.8 MRDL` - -F.0 parts per million annual MDRLG*
Water additive used to conh~il microbes
average. -},U
"frihalomethane
O.U48
O.O1S
0.151 0.080 parts per million running annual
N/A
BV-product of drinking water chlorination
average
Some people who drink water containing trihalomethanes in excess of [he MCL over' many years may experience problems with their liver, kidneys, or central nen•ous
sti~stems, and may have an increased risk oC getting cancer. The risk assessment decloped for frihalomethenes showed that those consuming 2 liters of water with t00
ppb trihalomethanes for 70 years increased the likelihood of developing cancer by I in one million.
Chlorite 0.13 0.02 028 1 part per million D.8 By-product of drinking water disinfection
S~~clium _ __ i ~ rdti' nor 1,. ~ ~i ~'ilish~~rl Naim~lly occurring or urban stmm~catcr rtmol
Owasso's Water Quality Data:
... ~- - ~.
Total Coliform 0 >1 positive 0 positive Naturally present in the environment
- -~ ~ ~ • ~
Trihalomethane 47.44 33.35 54.6 g0 parts per billion N/A By-Product of drinking water disinfection
Halo Acetic Acids 19.99 12.73 24.08 60 parts per billion N/A By-Product of drinking water disinfection
*Definitions of Terms Found in the Table:
MCL (Maximum Contaminant Lever: The highest level of a contaminant allowed in drinking water. MCLs are set as close to the MCLGs as feasible using the best
available treatment technology and taking cost into consideration. MCLs are enforceable standards.
MCLG (Maximum Contaminaat Level Goal: The level of a contaminant in drinking water below which there is no known or expected risk to health. MCLGs allow for
a margin of safety and are non-enforceable public health goals.
MRLD (Maximum Residual Disiafectaat Lever: The highest level of a disinfectant allowed in drinking water. There is convincing evidence that addition of a
disinfectant is necessary for control of microbial contaminants.
MRDLG (Maximum Residual Disinfeetaaat Level Goal: The level of a drinking water disinfectant below which there is no known or expected risk to health.
MRDLGs do not reflect the benefits of the use of disinfectants to control microbial contaminants.
TT (Treatment Technique: A required process intended to reduce the level of a contaminant in drinking water.
AL (Action Lever: The concentration of a contaminant, which if exceeded, triggers a treatment or other requirement which a water system must follow.
NTU (Nephelolometrie Turbidity Unit: A measurement of the turbidity, or cloudiness, of the water. Turbidity has no health effects. However, turbidity can interfere
with disinfection and provides a medium for microbial growth. Turbidity may indicate the presence oCdlsease-causing organisms. These organisms include bacteria,
viruses, and parasites [hat can cause symptoms such as nausea, diarrhea, and associated headaches.
mrem/yr (millirems per yeaz~: A measure of radiation absorbed by the body.
ppm (parts per million: Comparable to 1 minute in two years.
ppb (parts per billion: Comparable to 1 minute in 2,000 years.
N/A (Not Applicable)
**Data collected November 2000. Frequency of numiturinr r gniiria; v5 ie „nin -~~inpb.~ ~~~nlartwx.