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Home My WebLink About2006.08.08_City Council Agenda_Specialip } .fir , i f 7 OWA' , O CITY COUNCIL TYPE OF MEETING: DATE: TIME: PLACE: Special August 8, 2006 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 Ha1)bu letin board at 5:00 PM on Friday, August 4, 2006. Julia 1 M. Stevens, Administrative Assistant M Call to Order Mayor Stephen Cataudella 2. Discussion relating to General Administrative Items Mr. Rooney Attachment #2 A. Proposed Resolution relating to INCOG 3. Discussion relating to Community Development Department Items Mr. Rooney Attachment #3 A. Rezoning request (2) B. Final Plat (6) C. Amendment to the Lighting Ordinance and Sign Ordinance 4. Discussion relating to Parks Department Items Mr. Rooney Attachment #4 A. Funtastic Island Restroom, Bid Award Owasso City Council August S, 2006 Page 2 5. Discussion relating to Fire Department Items Mr. Rooney Attachment #5 A. Compressed Breathing Air System, Bid Award 6. Discussion relating to Emergency Preparedness Mr. Rooney Attachment #6 A. Proposed Resolution relating to National Incident Management Services 7. Discussion relating to City Manager Items Mr. Ray Attachment #7 A. Financial Software Package, Solicitation of Bids B. Proposed Ordinance creating an Audit Committee C. Renewal of Engineering Services Agreement with Meshak and Associates D. Design Services Agreement for the Three Lakes Dam Reconstruction Project E. Project Prioritization for FY 2006-2007 Street Rehabilitation Program F. Engineering Services Agreement for a Utility Rate Study G. E 86t" Street North & N. Mingo Road Agreement with Oklahoma Department of Transportation H. Proposed Water Rate Increase for FY 2006-2007 I. City Manager's Report 8. Adjoumment S Agendas Rork Session'M(�6 'xos d- TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF Oil ASSO RODNEY J. RAY CITY MANAGEV, SUBJECT: PROPOSED RESOLUTION AMENDING THE INTERLOCAL AGREEMENT THAT CREATES THE INDIAN NATIONS COUNCIL OF GOVERNMENT (INCOG) DATE: August 1, 2006 BACKGROUND For over 30 years, the Indian Nations Council of Government (INCOG) has assisted many cities and counties of northeastern Oklahoma in local and regional planning, information, coordination, communications, implementation and management services. INCOG is a service organization that provides an opportunity for cities and counties to collaborate and build consensus in finding solutions to regional issues. INCOG's governance is composed of two bodies; a General Assembly and a Board of Directors. The Board of Directors sets policy for the day to day activities of the Council. Membership on the Board is based on population size of member governments and includes elected officials and appointed citizens. The General Assembly is composed of one elected official from each member government. They are charged with reviewing and adopting plans, programs and budgets as recommended by the Board of Directors. QUEST- At the July 13, 2006 meeting of the General Assembly and Board of Directors, members approved an amendment to the INCOG Articles of Agreement to provide Board and General Assembly membership for the Cherokee, Creek, and Osage Indian Nations. Each Indian Nation would have one representative on the Board and the General Assembly. According to the Articles of Agreement, that created INCOG, any modification to the agreement approved by the body must be approved by the passage of a resolution of all member governments. Thus, INCOG has requested the Owasso City Council (and all other member governments) adopt the attached resolution. By taking such action, the City Council is effectively approving an amendment to the "Intcrlocal Governmental Agreement' that created INCOG. RE COMMENDATION The staff recommends Council adoption of proposed Resolution No. 2006-19, a resolution approving an amendment to the Articles of Agreement to provide membership for the Cherokee, Creck, and Osage Indian Nations. ATTACHMENT: Proposed Resolution No. 2006-19 RESOLUTION '''' • • 1' ADOPTING THE SECONT AMENDEDINDIAN NATIO COUNCILOF • WHEREAS, the hldian Nations Council of Governments (INCOG) was created pursuant to the Interlocal Cooperation Act, 74 O.S. sec. 1001 et sep., to enable local govenunents to more efficiently use their powers by cooperating with each other on a basis of mutual advantage; and, WHEREAS, On July 13, 2006, the Board of Directors and the General Assembly of INCOG approved amending the Interlocal Agreement to provide membership of the Cherokee, Creek, and Osage Indian Nations. NOW, THEREFORE, BE IT RESOLVED that the Second Amended Agreement creating the Indian Nations Council of Governments be adopted and approved. Furthermore, the Mayor by executing this resolution and causing it to be attached to the interlocal agreememt, hereby documents the City of Owasso's approval of the agreement and causes the agreement to be executed. ADOPTED this 15"' day of August, 2006 Stephen Cataudella, Mayor ATTEST: Sherry Bishop, City Clerk MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER DATE: August 2,200;f, BACKGROUND The City of Owasso has received a request to review and approve the rezoning of 78.47 acres from (AG) Agriculture to (RS-3) Residential Single -Family, located on the west side of North 120th East Ave, approximately 1/2mile north of East 66th Street North, just south of the Baptist Retirement Village. The annexation of this property was approved by the City Council on July 25,2006. Undeveloped M"UM110111211"Awl North: Baptist Retirement Village South: Agriculture East: Agriculture West: Agriculture PRESENT ZONING AG (Agriculture District) RESIDENTIAL DEVELOPMENT PROCESS: The three primary steps in the development of residential property in Owasso include annexation, zoning and platting. The second step in the development of a piece of property in Owasso is rezoning. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. Specific development concerns, such as drainage, traffic, water/wastewater services, and stormwater detention are not able to be considered at the zoning stage of the development process. ANALYSIS The City of Owasso has received a request to review and approve the rezoning of 78.47 acres from (AG) Agriculture to (RS-3) Residential Single Family. It is the applicant's intent to construct single family residential homes. The request is consistent with the Owasso Land Use Master Plan as it calls for residential development in the area. Letters were mailed to surrounding property owners and the legal advertisement was published in the Owasso Reporter. To date, the staff has not received any comments from citizens concerning this rezoning request. RECOMMENDATION Staff intends to recommend approval of OZ 06-05. ATTACHMENTS: 1. General Area Map E73 PLW E 73 STN z E72 STN :T N x N Owasso Conuii'mity Development Departr�ient 111 N. Blain St. Owasso, OK 74055 918.376.1500 918,376.1597 www.cityofowasso.com E 73 STN E.66 ST90 S!N I I J? I SOUTH LINE SECT10H 32 East 66M Street Akwffi Legal Description a, A TRACT OF LAND IN THE SOUTHEAST QUARTER (SE/4) OF SECTION THIRTY --TWO (32) OF TOWNSHIP TWENTY—ONE (21) NORTH AND RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN (I.B.&M-) VULSA COUNTY, OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF THE K/4 OF SEC. 32, T-21—N, R-14—E, 1.8.sm; THENCE S 01'05'52" E ALONG THE EAST LINE OF SAID SE/4 A DISTANCE OF 644.94 FEET; THENCE S 88'54'08" W A DISTANCE OF 66.50 FEET; THENCE S 67'20'48" W A DISTANCE OF 286.96 FEET; THENCE S 69-42'09" W A DISTANCE OF 362.08 FEET; THENCE S 87'38'10" W A DISTANCE OF 104.06 FEET; THENCE S 62'56'10" W A DISTANCE OF 261.02 FEET; THENCE S 37*35'57" W A DISTANCE OF 78.55 FEET; THENCE S 18-18'24" E A DISTANCE OF 38.89 FEET; THENCE S 26-44'06" W A DISTANCE OF 60.30 FEET; THENCE S 30-55'33- W A DISTANCE OF 94.86 FEET; THENCE S 33*15'37' W A DISTANCE OF 74.72 FEET; THENCE S 4V54'18" W A DISTANCE OF 343.41 FEET; THENCE S 52'32'43" W A DISTANCE OF 186.51 FEET; THENCE S 39'11'47- W A DISTANCE OF 106.36 FEET; THENCE S 56*29'40' W A DISTANCE OF 199.78 FEET; THENCE S 64'12'17" W A DISTANCE OF 138.36 FEET TO THE NORTHERLY RIGHT—OF—WAY OF A RAILROAD; THENCE N 74'00'28" W ALONG SAID RAILROAD RIGHT—OF—WAY A DISTANCE OF 743.75 FEET TO THE WEST LINE OF SAID SE/4; THENCE N 01*12'25" W ALONG THE WEST LINE OF SAID SE/4 A DISTANCE OF 1574.44 FEET; THENCE N 88'45'01" E A DISTANCE OF 700.00 FEET; THENCE N 01'14'59- W A DISTANCE OF 75.00 FEET TO THE NORTH LINE OF SAID SE/4; THENCE N 88*45'01" E A DISTANCE OF 1946.79 FEET TO THE POINT OF BEGINNING, AND CONTAINING 78.47 ACRES , MORE OR LESS. Benchmark Surveying and Land Services, Inc. P. O. BOX 1078 CYWA-W. C"ICIMA 74065 F"K: (91027 -WI FAX: (9 0)274-CW C.A. NO. 22M DR. DATE wom OHONORABLE CITY OF OWASSO PLANNER FROM: CHIP MCCULLEY CITY D2006 BACKGROUND The City of Owasso has received a request to review and approve the rezoning of a 0.41 acre lot from (RS®3) Residential Single -Family to (RD) Residential Duplex, located at 10628 East 114 Street Forth, Lot 37, Block 3, Hale Acres 2nd Addition. EXISTING LAND USE Undeveloped North: Mobile Homes South: Single-family houses East: Mobile Homes West: Single-family houses PRESENT ZONING RS®3 (Residential Single Family) RESIDENTIAL DEVELOPMENT PROCESS: The three primary steps in the development of residential property in Owasso include annexation, zoning, and platting. The second step in the development of a piece of property in Owasso is rezoning. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Faster Plan. Specific development concerns, such as drainage, traffic, water/wastewater services, and stormwater detention are not able to be considered at the zoning stage of the development process. ANAL'IS The City of Owasso has received a request to review and approve the rezoning of 0.41 acres from (RS®3) Residential Single Family to ( ) Residential Duplex. It is the applicant's intent to construct two (2) duplexes. The lot in question, though having been platted with the rest of Hale Acres several years ago, remains undeveloped. Mobile homes occupy property east of the site, while single-family houses are situated to the west. A duplex on the subject lot would act as both a buffer and a transition between the two adjacent uses. A rezoning of the subject property to RS (Residential Duplex) would be appropriate in staff s opinion. The request is consistent with the Owasso Land Use Master Plan as it calls for residential development in the area. Letters were mailed to surrounding property owners and the legal advertisement was published in the Owasso Reporter. RECOMMENDATION Staff intends to recommend approval of OZ 06-06. ATTACHMENTS: 1. General Area Map 2. Aerial photograph of Hale Acres area. Ld Uj LAJ 0 z E 116 PL N E 116 ST N I n E. I I 6st ST. I'M' Iq 0 z E 113 ST N E 113 ST N § w 0 Ld >< cr 0 z z E 112 PL N E 112 PL N -" d,�ju 1 ul A http://maps.scigis.com/OWASSO/print.asp 7/28/2006 fflflt�" �� TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER BACKGROUND: Kellogg Engineering has submitted an application for approval of a final plat for Crescent Ridge, located west of North Garnett Road, just north of the Country Estates V addition. The applicant is proposing 101 residential lots, on approximately 29.70 acres of property zoned RS-3 (Residential Single-Family)..A general area map is attached. Undeveloped North: Rural residential South: Country Estates East: Rural residential West: Agricultural uses occupy horse ranch. PRESENT ZONING: RS-3 (Residential Single-Fan-ffly) the property to the west across the railroad tracks, including a DEVELOPMENT PROCESS: The four primary steps in the development of commercial property in Owasso include annexation, zoning, platting, and site planning. The third step in the development of property is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Plats illustrate the development concept for the property, and are often modified Significantly after being reviewed by the Technical Advisory Comi-nittee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right-of-way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. ANAL PSIS: The applicant is requesting this review in order to facilitate 101 residential lots, on approximately 29.70 acres of property zoned RS-3 (Residential Single -Family). According to the Owasso Zoning Code, single family uses are included in Use Unit 6, and are allowed by right on property zoned RS-3. The property was the subject of a preliminary plat that was accepted on May 10, 2004. According to the zoning code, whenever any subdivision of land is proposed, before any permit for the erection of a structure in such proposed subdivision shall be granted, the owner of the land or his agent shall apply for and secure both Planning Commission and City Council approval of a final plat for such proposed subdivision. The Final Plat review process gives the citizens of Owasso the opportunity to actively participate in the physical development and layout of the city. The development will be served by City of Owasso sewer and water by Rural Water District No. 3 — Washington County. Utility easements are established throughout the proposed addition so as to adequately accommodate utility services. The Final Plat meets Owasso Zoning Code Bulk and Area requirements. The lot and block specifications established in the plat layout are adequate for the development of single family homes. In a regional context, this proposed addition is in conformance with the Owasso 2015 Land Use Master Plan, as the area is forecasted for residential development. Already, there is an emerging pattern of relatively dense housing development occurring in the general area. TECHNICAL ADVISORY COMMITTEE: The Owasso Technical Advisory Committee reviewed the final plat at the July 26, 2006 regular meeting. At that meeting, utility providers, as well as staff, are afforded the opportunity to comment on the plat and request any additions and/or concerns. The Technical Advisory had the following recommendations: L Applicant needs to check legal description. 2. Applicant must provide water plans to the Fire Department. 3. Applicant must show the existing water line easements. 4. Lot 10, Block 2 should indicate a 20' utility easement. 5. The property is subject to a $475.00 storm siren fee. PLANNING COMMISSION: The Planning Commission will consider the request at a public hearing on August 7, 2006. RECOMMENDATION: Staff intends to recommend approval of Crescent Ridge final plat subject to the above conditions. ATTACHWi NTS: 1. Case Map 2. Final Plat k"?� " 4777 on wi Owasso Comm -unity Development Depailmont 111 N. Main St. Owasso, OK 74055 918.376.1500 91 8.376.1597 www.cltyofowasso.com F 2� � � r a m m Etta FINAL PLA T aures r os ,xxc Asv.Trw x a CRESCENT RIDGE �1 PART OF NE/4 , °I, °I , SECTION6, T-21-JN, .R-14-E CITY OF O's3'ASSO, TULSA COUNTY, OKLAHOMA RESERVE AREA 'O• IACATEON MAP._� � - .w..�e r-w p� 0.Y11.yr. 'g r - r - _ -- - S 1a155C C _ _ _ _ ggD.Ey ZONE. RS-] fF °„ f _ _ _ l I_ _ _ _ _ _ }- - - -_ _ _ - _ _ _ _ _ _ _ l 1m ors1 4 O. 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CERTIfICATE OF SURVEY Ay � mwiC 6� r mrYry c..m s am n t me, a m x m,w man m emn,m x em„ m MRnFICATE OF COUNTY TREASURER CTIY Of OWASSO PLANNING «,,......«N'o..®GN.,...�.r « _=r p=L C TWNI ATE OF FAVAL PLAT APPROVAL COMFICATE Of OWASM CITY QZW TO: THE HONORABLEMAYOR .r D COUNCIL CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER BACKGROUND: Kellogg Engineering has submitted an application for approval of a final plat for Tyann Plaza V, located south of the Owasso Expressway, just north of the Tyann Plaza shopping center. The applicant wishes to create three (3) lots on 21.73 acres for commercial use. A general area map is attached. 11MIX32111211161 North: Logan's Road House South: Undeveloped East: Home Depot West: Tyann Plaza DEVELOPMENT C ; S: The four primary steps in the development of commercial property in Owasso include annexation, zoning, platting, and site planning. The third step in the development of property is platting. A. preliminary plat is required for any development that proposes to divide land into two or more lots. Plats illustrate the development concept for the property, and are often modified significantly afi;er being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are; brought to light at: the preliminary plat stage and must be remedied prior to development. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A -nal plat illustrates the layout and dimension of lots included on the final plat, right-of-way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from. the TAC and :planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all fixture development on that property. ANALYSIS: The applicant is requesting this review in order to facilitate commercial development on a 21.73 acre tract. The subject property is zoned CS Commercial Shopping Center District. According to the City of Owasso Zoning Code, uses allowed in CS districts include offices, studios, restaurants, convenience stores, shopping centers, service stations, etc. Stormwater dentition has been provided for this development to the southeast in the storm water detention center behind Home Depot. The site is within the City of Owasso's utility service district. It will be provided water and sewer services by the City of Owasso. The proposed final plat satisfactorily meets the requirements established in the Owasso Zoning Code. Necessary utility easements have been established along the parameters of the proposed plat to accommodate essential utility placement and access. TECHNICAL ADVISORY COMMITTEE: The Owasso Technical Advisory Committee reviewed the final plat at the July 26, 2006 regular meeting. At that meeting, utility providers, as well as staff, are afforded the opportunity to comment on the plat and request any additions and/or concerns. The following TAC recommendation was addressed: I. The applicant needs to correct the closure error. 2. The applicant needs to show a 30' easement on Lot 2. 3. The applicant needs to check and verify legal description, 4. The applicant needs to define mutual access easement west and east of Lot 3 and a portion of Lot 1. 5. The property is subject to a $34-7.00 storm siren fee. RECOMMENDATION: Staff intends to recommend approval of the Tyann Plaza V Final Plat with the above conditions. ATTACHMENTS: I. Case Map 2. Final Plat F&M FUDRUCKERS DANK Owasso Comunnntty Development Department 111 N. Main St. Owasso, OIL 74055 918.376,1500 918.376.1597 u vw.cityofowasso.com � ruac wm warn rsmmrn CTTm RES1RK710d �mpm� m OWNER / DEVELOPER i"YANN DEVELOPMENT CO., INC. PO BOX 397 OWASSO. OK 74055 (918) 27e-0517 SURVEYOR: D. COSS & ASSOCIATES, LLC P.O. Box 276 COLLINS)M)LLE, OK 74021 CerY:fccYe (of18Au-7750 th7111Z.tiNc. 3932 R--1 Dote: J— 30. 2008 ENGINEER KELLOGG ENGINEERING, INC. 6755 SOUTH 4060 ROAD TALALA. OKLAHOMA 74080 Certiircote (o411)v4h080 wi-li- No. 2788 R--1 Date: 'h_ 30. 2007 R I? E E esM n, w, "� i ,,,YYYXyyy 20 21 c aeTN sr. x ��JJJJJJ 'USASA S19 cOUNtt LOCA 0" SCALE; 0' Y+200 FINAL PLAT A PART � THE NORTHEAST OUARTJR (NE/4) � SECTION 20 TOWNSHIP 21 NCRTH. RANGE 14 EAST ATl AD01T1CN TO THE CITY C O-A550. TULSA CGJ Ty. CK CUA SITE MAP N.T.S. ZrtaKAR V >amX� eyrm rtu rwm w+.,m e~e 114NBL S GQJO i^ 3J30 �3 Fmu PiAT llAmlI 11 TO: THE HONORABLE MAYOR AND COUNCIL CM OF OWASSO FROM: CHIP MCCULLE T CffY PLANNER DATE: August 2, 2006 BACKGROUND: Kellogg Engineering has submitted an application to the Planning Commission for approval of a final plat for Champion East, located on the north side of East 76h Street North, I mile cast of North 129"' East Avenue. The applicant is proposing 66 residential lots, on approximately 25.47 acres of property zoned RS-3 (Residential Single -Family). A general area map is attached. EXISTING LAND USE: Undeveloped SURROUNDING LAND USE: North: Golf Course/Residential Multi -family South: Rural Residential (Tulsa County) East: Rural Residential (Tulsa County) West: Rural Residential (Tulsa County) PRESENT ZONING: RS-3 (Residential Single -Family) DEVELOPMENT PROCESS: The four primary steps in the development of commercial property in Owasso include annexation, zoning, platting, and site planning. The third step in the development of property is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Plats illustrate the development concept for tile property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAQ, and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right-of-way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. ANALYSIS: The applicant is requesting this review in order to facilitate 66 residential lots, on approximately 25.47 acres of property zoned RS-3 (Residential Single -Family). According to the Owasso Zoning Code, single family uses are included in Use Unit 6, and are allowed by right on property zoned RS-3. Whenever any subdivision of land is proposed, before any permit for the erection of a structure in such proposed subdivision shall be granted, the owner of the land or his agent shall apply for and secure both Planning Commission and City Council approval of a final plat for such proposed subdivision. The Final Plat review process gives the citizens of Owasso the opportunity to actively participate in the physical development and layout of the city. The sewer and water AAV be served by City of Owasso. Utility easements are established throughout the proposed addition so as to adequately accommodate utility services. The Final Plat meets Owasso Zoning Code Bulk and Area requirements. The lot and block specifications established in the plat layout are adequate for the development of single family homes. In a regional context, this proposed addition is in conformance with the Owasso 2015 Land Use Master Plan, as the area is forecasted for residential development. Already, there is an emerging pattern of relatively dense housing development occurring in the general area. TECHNICAL ADVISORY COMMITTEE: The Owasso Technical Advisory Committee reviewed the final plat at the July 26, 2006 regular meeting. At that meeting, utility providers, as well as staff, are afforded the opportunity to comment on the plat and request any additions and/or concerns. The Technical Advisory had the following recommendations: 1. Addresses will be provided prior to final application. 2. Applicant must show base flood elevation on Lots 31, 32, 33 and 34. 3. Applicant needs to consider stub out street to allow mutual access. 4. Applicant needs to change to East 76'11 Street North. 5. Applicant needs to verify that a 50' right-of-way is not needed off of North 145 th East Avenue 6. The property is subject to a $407.00 storm siren fee. The Planning Commission will conduct a public hearing to consider the request at their meeting on August 7, 2006. R-ECOMMENDATION: Staff intends to recommend approval of Champion East Final Plat subject to the above conditions. ATTACHMENTS: 1. Case Map 2. Final Plat Subject 2,¢ %«6 S= II-; eL Wl. I W W Owasso Community Development Department III N. Main St. Owasso, OK 74055 918.376.1500 918. 376I597 www./ioowms¢co m zx I PA E 76 ST N Final Plat Champion� A PART OF THE E/2 OF SECTION 28, T-21-N, R-14-E AN ADDITION TO TULSA COUNTY. M-LAHDMA SURVEYOR, OWNER/DEVELOPER- ENGINEER Benchmark Surveying & Soc's Realty Land Services, Inc. Seventy Sixth Place, L.L.C. Kellogg Engineering, Inc. P.O. Box 1078 P.O. Box 8 Owaaeo, Oklahomo 74055 0waoeo, Oklohoma 74055 8755 South 4080 Rood Tolala, Oklahoma 74080 Phone: (918) 274-9081 Phone: (918) 272-3234 Phone: (918) 275-4080 I` B BUS ¢5 UNt I W I= R 14 E EAST 88TH STR NORTH 21 EAST 70TH STREET NORTH z Lungw map �- xe wsnti,vav T bs M1v2 ucocrex 1 1— -n ECMw6 BASE STALE 2TiMTc (F!0 BE hxV.6 naxa2sss swrN w TKs -T .ur aawnTt To es w nx r p ws nm. rooAEs<cs AAE suo.Ecr I.— 5lIOU➢ M1EtfA � ISt,ED LH N FVAS fk- iM 1£GnL MSP�TRet 6— .wn 1 J/Y R rtocv w.w 25 vAOPos[o 5TE rsU rwrnulY u w ipz sro1 arein w YTA4 n000 aw samnrxzs men M1U..010.1CO29Yi EERLnVE SE➢TCANFA 22 ib66 Ourvo Information amz o tL,GTH oaTn Awa2s oa..T, �.� l i N BS'60'YB" 9 - f66.4 ' / / h VVE Nry v ( / 5 1 I - 4-- - 9 I I Ia,o;:L °e µuz 1 1 5 11 - la II a -- I ,s I I I I t�xss II �dll Ib1 11 S 1 1 fv w 2s I L A s 7 I I = g a Wa I I 400.00' S BB'SS'P4° 9 EB8@ 86ffl SfPM AWM Qwmpi- East .41y 1, 2o0g THE DECLARATION OF COVENANTS. 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MAtWIOXS RAST .8)LY t. 2 'ro: THE H-0 NORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: CUM MCCULLEY CITYPLANNER DATE: August 2,2001 BACKGROUND: Kellogg Engineering has submitted an application to the Planning Commission for approval of a final plat for Champion West, located on the north side of East 76t" Street North, and approximately 3/4 mile east of North 129th East Avenue. The applicant is proposing 48 residential lots, on approximately 14.26 acres of property zoned RS-3 (Residential Single -Family), A general area map is attached. Undply eveloped SURROUNDING LAND USE: North: Golf Course/Residential Multi -family South: Rural Residential (Tulsa County) East: Golf Course West: Rural Residential (Tulsa County) PRE SENT ZONING: RS-3 (Residential Single -Family) DEVELOPMENT PROCESS: The four primary steps in the development of commercial property in Owasso include annexation, zoning, platting, and site planning. The third step in the development of property is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Plats illustrate the development V concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right-of-way widths, casements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. ANALYSIS: The applicant is requesting this review in order to facilitate 48 residential lots, on approximately 14.26 acres of property zoned RS-3 (Residential Single -Family). According to the Owasso Zoning Code, single family uses are included in Use Unit 6, and are allowed by right on property zoned RS-3. Whenever any subdivision of land is proposed, before any permit for the erection of a structure in such proposed subdivision shall be granted, the owner of the land or his agent shall apply for and secure both Planning Commission and City Council approval of a final plat for such proposed subdivision. The Final Plat review process gives the citizens of Owasso the opportunity to actively participate in the physical development and layout of the city. The sewer and water will be served by City of Owasso. Utility easements are established throughout the proposed addition so as to adequately accommodate utility services. The Final Plat meets Owasso Zoning Code Bulk and Area requirements. The lot and block specifications established in the plat layout are adequate for the development of single family homes. In a regional context, this proposed addition is in conformance with the Owasso 2015 Land Use Master Plan, as the area is forecasted for residential development. Already, there is an emerging pattern of relatively dense housing development occurring in the general area. TECHNICAL ADVISORY COMMITTEE: The Owasso Technical Advisory Committee reviewed the final plat at the July 26, 2006 regular meeting. At that meeting, utility providers, as well as staff, are afforded the opportunity to comment on the plat and request any additions and/or concerns. The Technical Advisory had the following recommendations: 1. Addresses will be provided prior to final application. 2. Applicant must show base flood elevation and pad elevation on Lots 21 and Lot 25. 3. Applicant needs to correct graphic. 4. Applicant needs to consider abandoning the easement which runs through Reserve Area "A". 5. Applicant must change to read East 76thStreet North, 6e The property is subject to a $228,00 storm siren fee. PLANNING COMMISSION. The Planning Commission will conduct a public hearing regarding the request at their meeting on August 7, 2006. RECOMMENDATION: Staff intends to recommend approval of Champion West final plat subject to the above conditions. ATTACHME NTS: 1, Case Map 2. Final Plat Final Plat Champion West A PART OF SE/4 SECTION 28, T-21-K R-14-E CITY OF OWASSO, TULSA COUNTY, OKLAHOMA SURVEYOR: OWNER/DEVELOPER: ENGINEER Benchmark Surveying & Soc's Realty Land Services, Inc. Kellogg Engineering, Inc. Seventy Sixth Place, L.L.C. P.O. Box 1078 P.O. Box 8 6755 South 4060 Road a Owosso, Oklahoma 74055 Phone: (91 B) 274-9081 Owosso, Oklohomo 74055 Tool., Oklahoma 74080 Phons: (918) 272-3234 Phone: (918) 275-40BO A dY Scds: f-60' eh eLnmlc sraAac Lx:i M P4tiNA[E f'AYNpIi n A Lars a Yo Acccss V� VTUi1Y�EAYYEYi Poc v�I ecaY.m i a caaFri,aunrr R 14 E EAST 66TH S NORTH �0 a •� T 21 � N $ AS 6 STtEE NORTH Lon! ®n M" WCne3W CW1M15 48 LOTS Fi i EI.00x, i YYFIIIYE of cA Torte. w;c>, ,a.ro ncuu szaeF.c eau: sArz vL z wm ecerH;� cuzrsss srow w nrs nar Asc rccwa,c as w ,Yc ,xx a an ncin ai �aAa , c ic'To °ice nazi ut cwYres Aae umurr,m n,x �/a" ww. nxs n_000 w.A>, Ysm morose srn rs PAanrur ur arszax •. o sxacs naA lro rzaa naa a eounvAzcs A4tL ra axozes, mxcnq uvrzYsu az teen Curve irfa tbn cw(�"in;cvi �rA semis cY«m AFnY� a 6 access =auurrr ACCE�PECY�T,ED s E uTaAoc Lx� riooa cLtvn, my - o eacss u/z unury ¢ns�.cxr Nnrs w nma zc»z u Inu-r,.,a i?f5£M ARVI V ro� s 552.7f' 21 S 88'62'02" Rj tb I I 1 I I x oea+ I v°sr 1FIL , c^•ter_ a I j is I I I w.ir I e I •1 eta xi. 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OLVAPIONS WEST ty-1, n MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCEN CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER DATE: August 2, 20CE BACKGROUND: Kellogg Engineering has submitted an application for approval of a final plat for Camelot Estates, located west side of North 145t" East Avenue, a 1/4mile south of East 96 Ih Street North, just north of the Village of Silver Creek addition. The applicant is proposing 139 residential lots, on approximately 49.01 acres of property zoned RS®3 (Residential Single -Family). A general area map is attached. EXISTING LAND USE Undeveloped North: Undeveloped — Tulsa County South: SilverCreek East: Whispering Pines West: Nottingham Estates PRESENT ZONING- RS-3 (Residential Single -Family) RESIDENTIAL DEVELOPMENT PROCESS: The three primary steps in the development of residential property in Owasso include annexation, zoning, and platting. The third step in the development of property is platting, A preliminary plat is required for any development that proposes to divide land into two or more lots- Plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission, Sometimes, difficult development issues such as existing utility lines, wells, or casements are brought to light at the preliminary plat stage and must be remedied prior to development. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right-of-way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. ANALYSIS: The applicant is requesting this review in order to facilitate 139 residential lots, on approximately 49.01 acres of property zoned RS-3 (Residential Single -Family). According to the Owasso Zoning Code, single family uses are included in Use Unit 6, and are allowed by right on property zoned RS-3. Whenever any subdivision of land is proposed, before any permit for the erection of a structure in such proposed subdivision shall be granted, the owner of the land or his agent shall apply for and secure both Planning Commission and City Council approval of a final plat for such proposed subdivision. The Final Plat review process gives the citizens of Owasso the opportunity to actively participate in the physical development and layout of the city. The sewer and water will be served by City of Owasso. Utility casements are established throughout the proposed addition so as to adequately accommodate utility services. The Final Plat meets Owasso Zoning Code Bulk and Area requirements. The lot and block specifications established in the plat layout are adequate for the development of single family homes. In a regional context, this proposed addition is in conformance with the Owasso 2015 Land Use Master Plan, as the area is forecasted for residential development. Already, there is an emerging pattern of relatively dense housing development occurring in the general area. TECHNICAL ADVISORY COMMITTEE: The Owasso Technical Advisory Committee reviewed the final plat at the July 26, 2006 regular meeting. At that meeting, utility providers, as well as staff, are afforded the opportunity to comment on the plat and request any additions and/or concerns. The Technical Advisory had the following recommendations: 1. Applicant needs to show graphic tie from POB to Commencement. 2. Applicant must widen the drainage easement from 25' to 30'. 3. In the covenants, combine the Homeowner's Association with the Silver Creek Homeowner's Association, since they are located within the same PUD. 4. The property is subject to a $784.00 storm siren fee. PIANNING COMMISSION: The Planning Con nission will consider the request at a public hearing to be conducted on August 7,2006. RECOMMENDATION: Staffintendsto recommend approval of Camelot Estates final plat subject to the above conditions. ATTACHMENTS: 1. Case Map 2. Final Plat He �A P K A rA Owasso Community Development Department I I I N. Main St. Owasso, OK 74055 918,376.1500 918.376.1597 www.cityofowasso.com El IA L rvi M 89th E 88th RNAL PLAT PART OF THE E/2 OF SECTON 21. T-21—H. R-14—E- L&wA. C.'TY OF OW SK, TLLSA CWNTY. MK CWA aGc AC.. SURVEYOR OWNER/DEVELOPER PERUITTED 0/1 BuBhpG SETBAtn unE /� oRA,Ha�E E.¢BF�[NT ENGINEER Benchmark Surveying & JK) OWASSO DEVELOPMENT Inn uulTs or no nccEss R/c r-wnr K Land Services, Inc. 7910 5, 101st E A—u' Engineering, Inc. U`n— /z nun E,6EDEnT P.O. Sox 1079 Tulsa. Oklchom. 74133 8755 5g +� 408D Rood Otrossq 0kl.homo 74055 ' (915) 392-4949 Tdd., Oklahoma 74080 Phone' 1918 27' Phono' (918) 275-408p R 14 E 1 9081 C. Na 230, G A. Na 2788 E. 96TH ST. N. o: 0o?.A1n. 30, 200e Exp. Dots Jun. 30° 2DO7 s/ w* ua sciw n ¢,n 93PS.35 S o--- ® llf//r . T 21 21 1ma., RESEW fe ( 1, T' Ev, uri>)nro x5 x2 Si>61�¢m v- 19 9B SJ / �� Sp 17 I— 1 EANEAVZ °1k___ __ 4_ _ _��_�___ __, a_J r u�� /®,¢ 1a j/ � a €¢ a �\ M`•+y \� l i1on. d, I6Q1. 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CERTMATE OF opNERSW MU MATE OF S Wy m,�,mr .mares �mm saes 10 CMMF"TE� Ca1N'ry TREASM CITY OF OWASSO CERTMATE OF FNAL PUT APPRONAi Y"® °• mO" � e re. vc� n vn rn ogee CERnMAIE �' oygg5p ptr Ct� CvIAT.OPFy7ATrS .a:Er cn Tw TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO UROM: CH1P MCCULLE-f CITY PLANNER Mp� BACKGROUND: Kellogg Engineering has submitted an application for approval of a final plat for Tyann Plaza VIII, located east of the Owasso Expressway, just south of Tyann Plaza VII addition and the Tyann Plaza shopping center. The applicant wishes to create one (1) lot on 2.01 acres for commercial use. A general area map is attached. I-MARM" North: Undeveloped South: Undeveloped East: Owasso Public Schools West: Owasso Expressway DEVELOPMENT PROCESS: The -four primary steps in the development of commercial property in Owasso include annexation, zoning, platting, and site planning. The third step in the development of property is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or casements are brought to light at the preliminary plat . stage and must be remedied prior to development. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right-of-way widths, casements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. ANALYSIS: The applicant is requesting this review in order to facilitate commercial development on a 2.01 acre tract. The subject property is zoned CS Commercial Shopping Center District. According to the City of Owasso Zoning Code, uses allowed in CS districts include offices, studios, restaurants, convenience stores, shopping centers, service stations, etc. Off site stormwater dentition has been provided for this development to the southeast in the storm water detention center behind Home Depot. The site is within the City of Owasso's utility service district. It will be provided water and sewer services by the City of Owasso. The proposed final plat satisfactorily meets the requirements established in the Owasso Zoning Code. Necessary utility easements have been established along the parameters of the proposed plat to accommodate essential utility placement and access. TECHNICAL ADVISORY COMMITTEE: The Owasso Technical Advisory Committee reviewed the final plat at the July 26, 2006 regular meeting. At that meeting, utility providers, as well as staff, are afforded the opportunity to comment on the plat and request any additions and/or concerns. The following TAC recommendation was addressed: 1. The applicant needs to show acreage on Deed of Dedication. 2. The applicant needs to label frontage along expressway. 3. The applicant needs to check and verify legal description. 4. The applicant needs to show Limits of No Access. 5. The property is subject to a $32.00 storm siren fee. The Planning Commission will consider the request at a public hearing to be conducted on August 7,2006. RECOMMENDATION: Staff intends to recommend approval of the Tyann Plaza VIII Final Plat with the above conditions. ATTACHMENTS: I , Case Map 2. Final Plat Owed oP Dedicot'nc: :ate,.c a m mw +s+m Oertoil Rastrfctbn �. � o33RIR YU u1411v [AS6Amlti m¢r � w.a>a mm immmm�usacm-armc ¢+er � � em was mc,® mmzs n„ vrs uc _ ono w° iris m eae me.� ..cwn ��mPO�x '�i m'+'�,mmmi�O,m o •' v w� avrtw � m maa. m. eor®v om:vama.a ea6 IDe�ot m vnmm�ey®n rt. 1 uIX.haewq 6,3 SawY, mtnL we .nc sran xn¢v n a � ,mva ra �+� v venR uew,w� m+1u+nn p�iettrainvenw nrnvT mmM mnv m',etvrnz mwtx� n � m..s ¢ vuwmea w acum+ae am, �mmmamn. e¢e¢ mvniLraaz ®i vim¢ ° �m � mroruv®m ro�at�am .am rvxo v w�mn .m .eart rno v D¢ m�i m e m. ve w.m v. vaerom mrxi c¢ SURVEYOR: D. COSS & ASSOCIATES, LLC P.O. BOX 218 COLLINSMI-LE, OK 74021 CerYifi<ate (oP7896 lll-izaOtiicn No. 3932 Renanai Data .lone 30. 2007 \ 9 \ rmxm aama \ \ \ LqY I \ \ am x \\ \ mSm u o \ OWNER / DEVELOPER, i YANN DEVELOPMENT CO., INC. PO BOX 397 OWASSO. OK 74055 {918) 274-0517 ENGINEER KELLOGG ENGINEERING, INC. 6755 SOUTH 4060 ROAD TALALA. O))KLAHOMA 74080 Certirieoto (o" BQutho51ao08on No. 2788 Renemat Ootr. June 30, 2007 SrrE MAP KT.S. B£NCM ARK: �aae cW aep �.a r-.Hann Im If CORIER SCC :0 P AT NO --� R 14 E aIT T - 20 < 21 3 c -- IT It SECT.N , p 'ULSA;yCOUNTY LOCAnON MAP SCALE. l"=2000 ¢Rmcnr[ or oea n�.�n ®y,em.� �.bv�•� romu wr.m i C&¢MtGiE O AWKY �anaw•amw mwm. v mrt mevm w a evm mm�uv FINAL PLAS TYPJ&PLAZa VM VKKUT'C TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO IFAOM: ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: VARIANCE PROCEDURES FOR LIGHTING CODE AND SPORTS FIELD EXEMPTIONS FOR SIGN CODE DATE: July 31, 2006 At the July work session, the staff received input from City Council members about suggested changes to the Owasso Outdoor Lighting Code and the Owasso Sign Code. Since that meeting, the staff has reviewed both codes and is now prepared to submit recommendations about how the concerns expressed at the work session may be addressed. The concern expressed by City Council members at the July work session was that the lighting code needs added flexibility in order to accommodate now businesses desiring to locate in Owasso. The example that was used was the requirement that the new Best Buy establishment in Smith Farm keep its parking lot lights to a maximum height of 30 -feet. This requirement caused Best Buy to increase its investment in the development by $15,000 because it needed more lights at this lower height level to light the parking lot to Best Buy's standard level of brightness. One of the stated purposes of the lighting code is to not create glare onto nearby properties and public street rights of way. This glare is created by unshielded lighting elements that can be seen from a point off the subject property. The maximum height of 30 feet for parking lot lights was made a code requirement because, for flat parking lot lights commonly used by businesses, at that height it is unlikely that glare from the lighting elements would escape the property boundaries. In analyzing) the issue, the staff believes that, if a developer offers a reasonable method of keeping lighting glare from crossing 9 property lines, then it would be reasonable to aflow. light poles to be higher than 30 feet. To implement this finding, the staffhas drafted proposed language that could be added to the lighting code allowing the Community Development Department to review such issues on a case by case basis and grant an administrative variance to the 30 feet maximum lighting height requirement. The proposed language that could be added to the code reads as follows: All parking lot lighting requirements listed in Section 2050 may be modified by the Community Development Department upon a finding that the developer has provided a method by which glare from lighting elements will not cross any property line, and lighting elements will not be visible from any point off the subject property. Unless there are concerns, this change will be brought to the City Council in the form of an ordinance for consideration. Further, the amendment to the lighting ordinance has been included with the draft of the updated zoning code, which is currently under review by the staff and will be presented to the public and the City Council in coming weeks. Another concern expressed by City Council members at the July work session was that the sign code is not being enforced in a uniform manner in Owasso. The example that was used was the lack of enforcement of banner requirements at the high school sports fields, such as the tennis courts and baseball field, and the allowance of a scoreboard sign at the football stadium that does not conform to the requirements of the sign code. The signs at these fields do not comply with the code for different reasons — the banners at the tennis courts and baseball field do not have permits, the scoreboard sign at the football field is larger than the maximum size allowed by the code, and all of the signs contain forms of off premises advertising prohibited in the sign code. Enforcement of the sign code to date has focused on businesses in Owasso, and a "hands-ofF' approach has been taken towards signs at school athletic fields. This enforcement policy has resulted in a situation that causes concern, because it gives the appearance that the City is not living up to high standards of character in its enforcement of the code. in analyzing the issue, the staff continues to believe that school sports fields should be regulated differently than other sites in the community. Therefore, it would be appropriate to amend the code to allow for school sports fields to have banners and otherwise non -compliant signs at their location. Similar to the proposed change to the lighting code above, the staffhas drafted proposed language with which to codify the difference in sign code enforcement. The proposed language that could be added to the code, under the section related to signs not requiring permits, reads as follows: school Sp o Temporar signs, harmers, and Y scorehoards on sports fields owned by the Owasso Puhlic Schools do not require permits and will not he required to follow the provisions of this Ordinance. Like the proposed change to the lighting code, unless there are concerns, this change will be brought to the City Council in the form of an ordinance for consideration. Further, the amendment to the sign ordinance has been included with the draft of the updated zoning code, which is currently under review by the staff and will be presented to the public and the City Council in coming weeks. TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO (. • t• ♦ 1 WARREN PARKS ,..,. ,' IRE C19ktV. ;WUBJECT: BID AWARD FUNTASTIC ISLAND PARK RESTROO-kr? DATE: August 2, 2006 BACKGROUND: The FY 2006-07 Budget included funding for several different projects throughout the City of Owasso. Included in that project list was funding to provide improvements to Funtastic Island Park. A total of $85,000.00 was budgeted in the Park Development Fund for this purpose. In July, the Parks Department began the process of advertising for bids in order to provide the Funtastic Park restroom. The bid packet was developed with a base bid specification. The base bid included the installation of a handicapped accessible restroom at the Funtastic Park, a restroom which would match the existing restrooms located at Elm Creek Park and the Skate Park, as well as the restroom under construction at Centennial Park. A copy of the floor plan and elevation profile is attached for your information and review. All bids were to be received by August 15, 2006 at 10:00 AM. Due to this restroom being identical to the existing restrooms located at the Elm Creek Park, no pre -bid meeting was conducted. A review of the bids submitted will be conducted following the bid opening on August 15, 2006. Assuming there is a qualified bidder after review; staff will make a recommendation to the City Council at the September 5, 2006 regular meeting. FUNDING: Funds for the restroom improvements were included within the Park Development Fund Projects budget in the amount of $85,000.00. RECOMMENDATION - Staff will make a recommendation to the City Council at the September 5, 2006 regular meeting. ATTACHMENTS- 1. Floor Plan and Elevation Profile siaaa.=a an.pmaxze<, .a}.a?.aito ®vltn +> L.aa taps i a.lt• g.r Ntlaal caiar N'.'iutean Y07�10. a. ma{dma3r Qa.p an.Li�i..aaaase.aQ^a par }msz ai}). L-itae s.QYSruea4 ml4n Y•"Yi��+::yQLi' 0 4am' .lep0 anQ Qrawti non-dly d}u10n, Ogo42d. D+anaN 1_SQiPm��..r ce ]m l�Y]+'aaWa 10q+. 0W3 .Ytaezae +tame ur d+aGa t•Y+.S aaiaQea Wear, n.MZs am a.ma note iemt 4a.a..ro}.Y;;M(I�j• .}yat eat �'�° aM Dv.n ptsr} ts.31w YQa kYY{��(0�'ty 0a6 .a41a.. IIupplr d a+4 ar nr. Qa anQlfMar �bW q M .ae.om +a. wat rm.mc eaala M 1e a n Q 1 raa.tQ.atlan grWa Boa GMOe. la 0.Q 0{d yy m.►01t a3tae0ste r1N propma+l. n sa4rito M a+rom. tWkirla CCiriO.a aa[lY1f'"ak. Y ta'�/a• +.at<slpr grmao vacs uePrant YS M}hWrt 4f 1rf2'. a n..a. tae.rd Qn.YI 1K y,F lap 1�!-,r.ttat p.lac+6 a.ra.a. Y rvo mn •wQmara +� Cmflf��'•Y.+mr..a a wean sass to .son Q Qa;a a ra reaQaw}at:� QI.tjlY.pva vsrl, e,au-•o. twrwan pi�zd ry Yx a Qntckyjµn i*.u' s•,. ' a�. mriar eQ+�inM'teatr?,►,Q}ita�s.ti+2.Q :r ra,u.c.a s.o.z.e ne.ra 7.P alp=a'4 3n Y!0r02 51'; 13.Y0 a TE-11 milb 1�a"�am at Qa 6A'. nrkf0.2 fY'} tMt aaaZl.Dla, aYn.lt 0Z4rw4!t(gsepXinlYSSFF~� io !ve i+Q» satle 1Qf }k:� �C�te.L3� as+ra .a} zii.w vlm a.2q+a 6Ya..n Ma ma' salsa. 'zoervr}a.2 aver lerx alaai aina9niGQmticda , au+4 rlac...f sett plops. alas piac0m WL�.ioii�WNl dt amra. :vPP1Y a mm4 or n.r. par aaor m myatcYni.+t,foliair 4 m ..r.+w. ©i cawr.ta himmas Q n iE• .@`22t Y}►fi+a Q varuaas ran. pmr nzwx...r,+Qml s*1 r e�aWF,+i.'p.�}az ar apa=a•ea w..l z.Q zlat.Y. war oyaa�a�a*� $x , � saw. mast Cmcr ; aararda� a f ..11�K[Jj! m$A1 o[oa• ,k. � a�st3aaam^mot. ors ��r�f�^��, �Y 3 •' � � f �( Imp -_a UR MiMh►aiC, �5�� ' f }2aY � rF . Mp6&7 Spa srzm �. �1z��✓ U� s � �� v � F r-r a•-m � � < '"�,�+��'�'S�y �S�•e n"�,:a, M u � t ::.y yr's�J w� v M E N L11 � A I Milo of CITY OF TO. THE HONORABLE MAYOR AND COUNCIL FROM: k ,. FIRE CHIEF The Fiscal Year 2006/2007 operating budget provides funding for the purchase of a compressed breathing air system. This compressed breathing air system provides the breathing air in the self-contained breathing apparatus for the fire department. Unfortunately, the existing compressor has been rendered irreparable, and has not bcen in service since the spring of this year. The fire department developed specifications and a bid packet based upon current requirements. Bid packets were distributed to three vendors of Scott brand systems on July 10, 2006. One bid was received on the designated bid opening date of July 31, 2006. The bid received was from Waycst Safety of Tulsa, Oklahoma for the amount of $46,323.50. A review of the submittal found that all of the specifications within the bid packet were met, most notably the requirement that the vendor must be qualified by the equipment manufacturer (Scott brand) to perform service work in order to avoid compromising the operation of the system or its warranty. FUNDING - The FY 2006-07 budget includes funds in the amount of $47,000 for this project. RECOMMENDATION - Staff intends to recommend that Council award a bid to Waycst Safety of Tulsa, Oklahoma in the amount of $46,323.50 for the purpose of providing a breathing air system to the fire department at the August 15, 2006 Regular City Council Meeting. ATTACHMENTSg 1. Bid Proposal Submittal Page BID PROPOSAL - SUBMITTAL PAGE BREATHING AIR SYSTEM TOTAL DID: S_4 6, 3 2 3 .5 0 I hereby acknowledge that I have read the requirements and specifications and that I am legally bound by the statements in those specifications and on this Bid Proposal -Submittal Page. Name of Vendor/Bidder: Wavest Safety, inc. Printed Name of Person Authorized to Sign: Clay Carter Signature- Title:___ Account Manager Vendor/Bidder's Address: _ 551 4 _ South 94th East Avenue Tulsa, OK 74145 Vendor/Bidder's Phone Number: 9 1 8- 6 6 5- 2 3 3 0 BID OPENING: JULY 3I, 2006 (q-,) 2-00 P.M, COMPLETE AND ATTACK THE NON -COLLUSION BID AFFIDAVITTO BID. TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO MOTTOFROM: CLIFF EMERGENCY PREPAREDNESS SUBJECT: PROPOSED RESOLUTION, NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) 1 11e BACKGROUND In Homeland Security Presidential Directive (HSPD)-5, "Management of Domestic Incidents", President George W. Bush directed the Secretary of the U.S. Department of Homeland Security (DHS) to develop the national incident management system (NIMS). The purpose of this system is to provide a consistent nationwide approach for federal, state, local, and tribal governments to work effectively and efficiently together to prepare for, prevent, respond to and recover from domestic incidents regardless of cause, size or complexity. The DIMS enhances the overall management of domestic incidents by establishing a single, comprehensive system for incident and resource management and will help achieve greater cooperation among departments and agencies at all levels of government. Implementing the NIMS strengthens each state's capabilities and resolves to fulfill its responsibilities to the American people in times of emergency. The Oklahoma Office of Homeland Security (OKOHS) has been directed by DHS and Governor Brad Henry to ensure NIMS implementation and compliance for local, county, and tribal jurisdictions as well as state agencies within the mandated time requirement. Future fundinz from the Office for Domestic Preparedness will be dependent on full NIMS compliance by September 30g 2006. There are several steps required to become compliant with this directive, one of which is a Resolution from the Owasso City Council. Other steps are concurrently being taken in areas of training and certification of first responders. The staff is also working with lNCOG (the designated agency to coordinate compliance efforts) in completion of all the necessary forms and paperwork processes involved with implementing the national incident management system. Additionally, the city manager must appoint an individual within the city organization to act as the local point of contact (L,POC). This person will be the contact point that all federal / state agencies can correspond with and be the "go between" during the compliance process. Resolution No. 2006-18 August 3, 2006 RECOMMENDATION Staff recommends Council adoption of proposed Resolution No. 2006-18, adopting NIMS as the standard for incident management in the City of Owasso, Oklahoma; and, authorizes the City Manager to appoint an individual to act as the local point of contact. ATTACHMENT: Resolution No. 2006-18 Note: In the event the City Council adopts proposed Resolution No. 2006-18, the City Manager has determined that Cliff Motto would be appointed as the "local point of contact". slarlijimir SOLUTION WHEREAS, The President in Homeland Security Directive (HSPD)-5, directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (NIMS), which would provide a consistent nationwide approach for Federal, State, local, and tribal governments to work together more effectively and efficiently to prevent, prepare for, respond to, and recover from domestic incidents, regardless of cause, size, or complexity; and, WHEREAS, the collective input and guidance from all Federal, State, local, and tribal homeland security partners has been, and will continue to be, vital to the development, effective implementation and utilization of a comprehensive NIMS; and, WHEREAS, it is necessary and desirable that all Federal, State, local, and tribal emergency agencies and personnel coordinate their efforts to effectively and cfficiently provide the highest levels of incident management; and, WHEREAS, to facilitate the most efficient and effective incident management it is critical that Federal, State, local, and tribal organizations utilize standardized terminology, standardized organizational structures, interoperable communications, consolidated action plans, unified command structures, uniform personnel qualification standards, uniform standards for planning, training, and exercising, comprehensive resource rnanagein.ent, and designated incident facilities during emergencies or disasters; and, WHE AS, the NIMS standardized procedures for managing personnel, communications, facilities and resources will improve the city's ability to utilize federal funding to enhance local and state agency readiness, maintain first responder safety, and strcamlinc incident management processes; and, WHEREAS, the Incident Command System components of NIMS are already an integral part of various incident management activities throughout the city, including current emergency management training programs; and, WHEREAS, the National Commission on Terrorist Attacks (9-11 Commission) recommended adoption of a standardized Incident Command System; and, WHEREAS, a specific individual needs to be designated as Local Point of Contact (LPOC) to coordinate NIMS activities and to ensure compliance. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of OWASSO, Oklahoma, that the National Incident Management System (NIMS) is hereby established as the standard for incident management in the City of OWASSO, Oklahoma. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to appoint a designated Local Point of Contact (LPOC). ADOPTED this day of , 2006, by the Mayor and City Council of the City of OWASSO, Oklahoma. Stephen Cataudella, Mayon ATTEST: (Seal) htiil% [�f7_. ►�iVifcT TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: INFORMATIONDIRECTOR DATE: August 4, 2006 BACKGROUND: In 1998, the City purchased a financial software system from Creative Computer Solutions, CCS, to replace a system that was not year 2000 compliant. The CCS system was acquired by Harris Computer Systems shortly after implementation at the City. Several financial modules, including General Ledger, Accounts Payable and Payroll, as well as Utility Billing, comprise the current software system. Development of the Harris systems have not kept up with the City's current needs. Harris informed the City that the Utility Pilling application would no longer receive upgrades and enhancements. They will continue to support the system, but no functionality will be added. INFORMATION: The limitations of the Harris software, and the difficulty to learn and use the system has led to the decision that a new software solution should be sought. I.T. staff, working with all departments, spent several months completing a comprehensive evaluation of the software needs of our organization. Detailed demonstrations by experienced municipal software vendors were included in the evaluation process. It was found through this process that there are existing software applications that meet these needs. The new software solution should provide the following benefits to the City, o Accessibility of financial data by all departments. o Work Order system utilized by all departments for serving both internal and external customers. o Integration of mobile technology. o Increased reporting capability. o Land Management data automation with integration to GIS. a Online customer access to utility usage and bill payment. o Online requests for service from customers. o Electronic data collection where none currently exists. o Windows based system that provides ease of use. o Experienced software vendor with a demonstrated commitment to support and development as technology changes. Based on meetings and demonstrations by software vendors, companies have been pre -qualified as able to provide an integrated software solution that fulfills the benefits outlined above. The FY 2007 budget includes $400,000 for software and $60,000 for technology upgrades to support a new software system. At this time, specifications have been prepared and will be submitted to the pre -qualified companies requesting sealed quotes. Upon opening and reviewing quotes, staff will request approval for the purchase of an integrated enterprise software solution. U/ 51 HONORABLE AND CITY COUNCII CITY OF i !; FROM: SHERRYO. FINANCE DIRECTOR DATE. August 4, 2006 Audit committees play an important role in the stewardship of public sector entities. The role of the audit committee is one of independent review and oversight of financial and compliance reporting, internal controls and auditor's activities. While management has the responsibility to ensure the accuracy of financial statements and compliance with laws, regulations and agreements, it is the audit committee's function to carry out due diligence by evaluating internal as well as external information. Staff believes that mandating an audit committee for the City of Owasso would enhance the financial reporting process. In order to develop the framework for a formal audit committee, an interim audit committee was formed in April, 2006. The interim audit committee's responsibilities were to participate in the selection process for an external auditor with a recommendation to Council and to develop criteria for a formal audit committee. The interim audit committee reviewed the three best proposals and made a recommendation that Cole & Reed be the City of Owasso's external auditor. Council approved this recommendation on May 2, 2006. The staff and the interim audit committee continued to meet to review and discuss several other municipal ordinances that were instrumental in developing the proposed ordinance to create a formal audit committee. A formal audit committee should be appointed and active by November in order to meet with the external auditors to review the FY 2006 financial reports. The proposed ordinance provides the scope of the committee's responsibilities plus its structure and membership requirements. The responsibilities of the audit committee include: ® Participate in the external auditor selection process and make a recommendation to the Council. ® Review audit results and follow up on proposed corrective action of management. ® Report to Council the audit committees activities and recommendations. Under the proposed ordinance, the audit committee would consist of five (5) voting members and two (2) non -voting ex-officio members. The five voting members would include one city councilor and four citizens appointed by the council. Qualifications for appointment require that the citizens be knowledgeable and have relevant experience. This ordinance would require that at least three appointees come from the banking, business and accounting professions. The members would serve a three-year term and must live in or be employed within the Owasso fence line. The council representative to the audit committee would be a Councilor serving in the second year of the three-year term. This ensures that an experienced councilor serve on the audit committee. The two non -voting members would be the city manager and the finance director. Again, I would like to express my thanks to the interim audit committee members for their time and assistance. The staff looks forward to the opportunity to work with the newly created audit committee and recommends approval of the attached proposed ordinance. Proposed Ordinance. Ilk, V Bill N moll aff"KII 11 Wel Drill k*4 11 10FA110 ,. ; CHAPTERTHIS ORDINANCE AMENDS PART 7, CHAPTER 7, OF THE CITY OF OWASSO CODE OF ORDINANCES BY ADDING A NEW SECTION TO BE CODIFIED AS SECTION 7, THROUGH 7-701 BE 1 1 BY THE COUNCILOF THE CITY OF OWASSO, OKLAHOMA, TO -WIT: SEC`I`ION ONE (1): Part Seven, Finance and Taxation, Chapter 7, Audit Committee and Procedures, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be enacted by providing and codifying as follows: An audit committee is established in and for the City of Owasso. The purpose of the audit committee is to help oversee the audit of financial statements, ensure the auditor is independent of management and address control and compliance weaknesses. FIiD�� Y'[f7\�I��[�Z(�•�l A. The audit committee shall consist of five (5) voting members and two (2) non -voting ex-officio members. All members shall be appointed by the council and shall serve without compensation. B. The five (5) voting members shall include one city councilor and not less than one person from each of the following groups, provided, however, that one group, which may vary from time to time may be represented by not more than two (2) members: (1) Bankers, or other financial institutions; (2) Businessperson; and (3) Non -practicing certified public accountants. C. The two (2) ex-officio, non -voting members shall be the city manager and the director of finance. Each appointed member of the audit committee shall be a resident within the city fence line or own a business or be employed in the city at the time of appointment and throughout incumbency. All members of the audit committee shall be persons with knowledge of accounting, auditing and financial reporting and relevant experience such as a corporate officer, auditor, attorney or professional consultant to business, government or organizations. All members of the audit committee shall be appointed for a term of three (3) years except for the city councilor who will be appointed for a one year term or until their successors shall be qualified and appointed. The appointment of members shall be for staggered terms: The five (5) voting positions on the audit committee shall be divided into seats numbered one through five. Seat No. 1 shall be held by a city councilor who is serving the second year of his three-year term of office. The term of office for Seat No. 1 shall expire on July 1, 2007, and every July I", thereafter. No city councilor may succeed them self in office. Seat No. 2 may be held by any of the remaining categories of members and shall expire on July 1, 2007, and on every third year thereafter. Seats No. 3 and 4 may be held by any of the remaining categories of members and shall expire on July 1, 2008, and on every third year thereafter. Seat No. 5 may be held by any of the remaining categories of members and shall expire on July 1, 2009, and on every third year thereafter. Should a vacancy occur on the audit committee for any reason, such vacancy shall be filled for the unexpired term by an appointment by majority of the council. A vacancy shall be deemed to have occurred when an audit committee member resigns or otherwise becomes unqualified to serve. Whenever, in the sole discretion of the city council, the council believes that the best interests of the city shall be served; any appointed member of the audit committee may be removed from office by majority vote of the council. SECTION SEVEN (7) SECTION 7-707 OFFICERS Annually, the audit committee shall elect a chairperson and a secretary who shall hold office until July 1 sr the following year or until expiration of the term of appointment whichever shall first occur. In the absence of the chairperson at any meeting, the members shall select a chairperson pro tempore who shall preside over the meeting of the audit committee. SECTION EIGHT (8) 1 The audit commttee shall meet at least twice annually at a time and place as called by the chair. Written notice of each meeting shall be provided to all members. Special meetings of the audit comnuttee may be called by the chairperson or any three members. Written notice of the special meeting shall be provided to all members. SECTION NINE (9) Three members of the audit committee shall constitute a quorum. ri;F 1. The committee shall be responsible to: A. Recommend to the council an independent firm of certified public accountants to perform the annual audit of the city. B. Analyze and report to the council significant findings in the annual audit report and make recommendations regarding such findings. C. Make recommendations, if any, to the council regarding the following financial documents: (1) Annual financial statements, (2) Management letter submitted by the independent auditor, and (3) Response to management letter submitted by city staff. SECTION ELEVEN (11) b g A. The audit committee may adopt, from time to time, such rules or procedures as it may deem necessary to properly exercise its powers and duties. All such rules shall be reviewed by the city attorney as to form and legality, and shall, after adoption, be kept on file in the office of the finance director. B. The chairperson of the audit conuruttee may form ad hoc subcommittees among its various members to research and analyze those issues which are within the comnuttee's jurisdiction. SECTION TWELVE (12) The director of finance or his or her designee, the city manager or his or her designee shall attend each meeting and provide advice or assistance as requested by the audit committee. The director of finance or his or her designee shall provide clerical or other assistance as is necessary to maintain records of the audit committee proceedings. All other officers, departments and department directors of the city shall cooperate with the audit committee within the scope of the audit committee's duties. Neither the audit committee nor any individual member thereof shall incur any financial liability or responsibility in the name of, or on behalf of, the city by virtue of their activities as audit committee members. The City of Owasso Code of Ordinances is hereby amended by adding a new chapter of ordinances to be codified in Part 7, Chapter 7, sections 7-701 et. seq. PASSED by the City Council of the City of Owasso, Oklahoma on the day of , 2006. Stephen Cautadella, Mayor FNINYIY`�Ai Sherry Bishop, City Clerk (SEAT.,) APPROVED as to form and legality this — _ day of Julie Lombardi City Attorney 2006 CITY OF TO: HONORABLE MAYOR AND CITY COUNCIL P.E. PUBLIC WORKS DIRECTOI EXTENSION OF DSERVICES ANALYSIS, AND REVIEW MESHEK AND ASSOCIATES DATE: August 4, 2006 BACKGROUND: If approved by the City Council, this agreement continues and extends engineering services between City of Owasso and Meshek & Associates. The agreement was originally executed on July 2005, for miscellaneous engineering reviews of development projects or areas with drainage problems, and analysis and conceptual design of drainage improvements, as directed by the City. This extension of the engineering contract agreement will provide continuity to the review process without reducing service to the development review process provided to all developers and protection to the community's citizens. This extension, as proposed, would be executed for the fiscal year 2006-2007 and includes compensation for a fee amount not to exceed $60,000.00. It should be noted, that this is not a "lump - sum" contract, rather it is based on a fee for "hours worked" and pre -agreed hourly rates. All other conditions of contract shall remain per original agreement. FUNDING SOURCE: Funding for Extension of Engineering Services have been allocated under Storrnwater Management Funds No. 27-370-53001 in the amount of $60,000.00. RE COMMENDATIONS Staff intends to recommend Council approval of the Extension of Engineering Agreement for Miscellaneous Drainage Engineering Reviews and Analysis with Meshck and Associates for engineering fee not to exceed $60,000.00. ATTACHMENTS A. Draft Engineering Contract Documents -- Meshek & Associates tic THIS AGREEMENT, made and entered into this day of _, 2006 between the City of Owasso, Oklahoma, a Municipal Corporation, of Oklahoma, hereinafter referred to as CITY, Meshek & Associates, Inc., hereinafter referred to as ENGINEER; WITNESSETH: WHEREAS, CITY intends to construct a replacement dam for the existing Three Lakes pond, hereinafter referred to as the PROJECT; and, WHEREAS, CITY requires certain professional services in connection with the PROJECT, hereinafter referred to as the SERVICES; and, WHEREAS, ENGINEER, is prepared to provide such SERVICES; WHEREAS, funding is available for the PROJECT through NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: 1. SCOPE OF PROTECT. The scope of the PROJECT is described in Attachment A, SCOPE OF PROTECT, which is attached hereto and incorporated by reference as part of this AGREEMENT. 2. SERVICES TO BE PERFORMED BY ENGINEER. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, which is attached hereto and incorporated by reference as part of this AGREEMENT. 3. CITY'S RESPONSIBILITIES. CITY shall be responsible for all matters described in Attachment C, RESPONSIBILITIES OF THE CITY, which is attached hereto and incorporated by reference as part of this AGREEMENT. 4. COMPENSATION. CITY shall pay ENGINEER in accordance with Attachment D, COMPENSATION, and further described in Attachment E, FEE MANHOUR BREAKDOWN, which. are attached hereto and incorporated by reference as part of this AGREEMENT. 5. SCHEDULE. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, in accordance with the schedule set forth in Attachment F, SCHEDULE, attached hereto and incorporated by reference as part of this AGREEMENT. STANDARD OF PERFORMANCE. ENGINEER shall perform the SERVICES undertaken in a manner consistent with the prevailing accepted standard for similar services with respect to projects of comparable function and complexity and with the applicable laws and regulations published and in effect at the time of performance of the SERVICES. The PROJECT shall be designed and engineered in a good and workmanlike manner and in strict accordance with this AGREEMENT. All engineering work shall be performed by or under the supervision of Professional Engineers licensed in the State of Oklahoma, and properly qualified to perform such engineering services, which qualification shall be subject to review by CITY. Other than the obligation of the ENGINEER to perform in accordance with the foregoing standards, no warranty, either express or implied, shall apply to the SERVICES to be performed by the ENGINEER pursuant to this AGREEMENT or the suitability of ENGINEER'S work product. 7. LIMITATION OF RESPONSIBILITY. 7.1. ENGINEER shall not be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the PROJECT. 7.2. The presence of ENGINEER's personnel at a construction site is for the purpose of providing to the CITY a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). 7.3. In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of ENGINEER. 7.4. Record drawings will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact mamler 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. OPINIONS OF COST AND SCHEDULE, 8.1. Since ENGINEER has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors', subcontractors', or vendors' methods of determining prices, or over competitive bidding or market conditions, ENGINEER'S cost estimates shall be made on the basis of qualifications and experience as a Professional Engineer. 8.2. Since ENGINEER. has no control over the resources provided by others to meet construction contract schedules, ENGINEER'S forecast schedules shall be made on the basis of qualifications and experience as a Professional Engineer. 9. LIABILITY AND INDEMNIFICATION. 9.1. ENGINEER shall defend and indemnify CITY from and against legal liability for damages arising out of the performance of the SERVICES for CITY, including but not limited to any claims, costs, attorney fees, or other expenses of whatever nature where such liability is caused by the negligent act, error, or omission of ENGINEER, or any person or organization for whom ENGINEER is legally liable. Nothing in this paragraph shall make the ENGINEER liable for any damages caused by the CITY or any other contractor or consultant of the CITY. 9.2. ENGINEER shall not be liable to CITY for any special, indirect or consequential damages, such as, but not limited to, loss of revenue, or loss of anticipated profits. 10. CONTRACTOR INDEMNIFICATION AND CLAIMS. 10.1. CITY agrees to include in all construction contracts the provisions of Articles 7.1, and 7.2, and provisions providing contractor indemnification of CITY and ENGINEER for contractor's negligence. 10.2. CITY shall require construction contractor(s) to name CITY and ENGINEER as additional insureds on the contractor's general liability insurance policy. 11. COMPLIANCE WITH LAWS. In performance of the SERVICES, ENGINEER shall comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. ENGINEER shall procure the permits, certificates, and licenses necessary to allow ENGINEER to perform the SERVICES. ENGINEER shall not be responsible for procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to ENGINEER in Attachment B, SCOPE OF SERVICES. 12. INSURANCE. 12.1. During the performance of the SERVICES under this AGREEMENT, ENGINEER shall maintain the following insurances 12.1.1. General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than. $100,000 for each occurrence and not less than $100,000 in the aggregate. 12.1.2. Automobile Liability Insurance with bodily injury limits of not less than $1,000,000 for each person and not less than $1,000,000 for each accident and with property damage limits of not less than $100,000 for each accident. 12.1.3. Worker's Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance with limits of not less than $100,000 for each occurrence. 12.1.4. Errors and Omissions Insurance to remain in effect during the PROJECT and the term of any legal liability. Errors and Omissions coverage to be for a minimum of $1,000,000, deductibles subject to approval. 12.2. ENGINEER shall furnish CITY certificates of insurance which shall include a provision that such insurance shall not be canceled without at least 30 days written notice to the CITY. 13. OWNERSHIP AND REUSE OF DOCUMENTS. 13.1. All documents, including original drawings, estimates, specifications, field notes and data shall become and remain the property of the CITY. 13.2. CITY'S reuse of such documents without written verification or adaptation by ENGINEER for the specific purpose intended shall be at CITY'S risk. 14. TERMINATION OF AGREEMENT. 14.1. The obligation to continue SERVICES under this AGREEMENT may be terminated by either party upon fifteen days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 14.2. CITY shall have the right to terminate this AGREEMENT, or suspend performance thereof, for CITY'S convenience upon written notice to ENGINEER; and ENGINEER shall terminate or suspend performance of SERVICES on a schedule acceptable to CITY. In the event of termination or suspension for CITY'S convenience, CITY shall pay ENGINEER for all SERVICES performed to the date of termination in accordance with provisions of Attachment D, COMPENSATION. Upon restart of a suspended project, ENGINEER's contract price and schedule shall be equitably adjusted. 15. NOTICE. Any notice, demand, or request required by or made pursuant to this AGREEMENT shall be deemed properly made if personally delivered in writing or deposited in the United States mail, postage prepaid, to the address specified below. To ENGINEER: Meshek & Associates, Inc. P.O. Box 636 20 West 2nd Street, Suite 200 Sand Springs, OK 74063 Attention: Janet K. Meshek, PE, CFM To CITY: CITY OF OWA.SSO, OKLAHOMA P.O. Box 130 Owasso, Oklahoma 74055 Attention: Ana Stagg, PE 15.1. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of ENGINEER and CITY. 16. UNCONTROLLABLE FORCES. Neither CITY nor ENGINEER shall be considered to be in default of this AGREEMENT if delays in or failure of performance shall be due to forces which are beyond the control of the parties; including, but not limited to: fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage; inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either CITY or ENGINEER under this AGREEMENT; strikes, work slowdowns or other labor disturbances, and judicial restraint. 17. SEVERABILITY. If any portion of this AGREEMENT shall be construed by a court of competent jurisdiction as unenforceable, such portion shall be severed herefrom, and the balance of this AGREEMENT shall remain in full force and effect. 18. INTEGRATION AND MODIFICATION. This AGREEMENT includes Attachments A, B, C, D, E, and F, and Exhibit E 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. IN WITNESS WHEREOF, the parties have executed this AGREEMENT in multiple copies on the respective dates herein below reflected to be effective on the date executed by the Mayor of the City of Owasso. APPROVED: City Clerk APPROVED AS TO FORM: City Attorney Meshek & Associates, Inc. Janet K. Meshek, PE, CFM Date Mayor Date Agreement for Engineering Services for the City of Owasso, Oklahoma c `k SC®PE OF PR®JECTo The PROJECT shall consist of the general engineering services, review and approval of Hydrology and Hydraulic reports as it related to the City of Owasso Master Drainage Plan. AGREEMENT FOR ENGINEERING SERVICES ATTACHMENT A A- I Agreement for Engineering Citv o` Owasso. Oklahoma 1 The services to be performed by the ENGINEER, Meshek & Associates, Inc., under this AGREEMENT will consist of miscellaneous engineering review of development projects as directed by the City, as well as analysis and conceptual design of drainage improvements as directed individually by the City by work order, Further, it is understood and agreed that the date of beginning, rate of progress, and the time of completion of the work to be done hereunder are essential provisions of this AGREEMENT; and it is further understood and agreed that the work embraced in this AGREEMENT shall commence upon execution of this AGREEMENT and receipt of Notice to Proceed. It is further understood that all reviews and conceptual designs will be prepared in accordance with the City of Owasso design criteria and specifications for construction. B.1. Basic Services of ENGINEER. The basic services of the ENGINEER shall include, but are not limited to the following tasks: B.1.a) Provide miscellaneous drainage engineering review of development projects as directed by the City. The work will include: B.1.a) 1. General review of engineering plans for compliance with City criteria and policies. B.1.a) 2. Inclusion of proposed developments or other ongoing projects in the applicable HEC-HMS and HEC-RAS model of the watersheds in the City of Owasso. B.1.b) Provide analysis and conceptual design of drainage improvements, as directed individually by the City. The work will generally include the following elements: B.Lb) 1. Preparation of detailed hydrologic and hydraulic models of the localized areas. B.1.b) 2. Preparation of conceptual plans to deal with the flooding problems. B.1.b) 3. Prepare conceptual level cost estimates for budget purposes. B.1.b) 4. Preparation of a letter report documenting findings. AGREEMENT FOR ENGINEERING SERVICES ATTACHMENT B g_1 ` 1'"� i• �, 11111 Responsibilities Attachment /, RESPONSIBILFTIES OF THE CITY, The CITY agrees: C.1_ Reports, Records, etc. To furnish, as required by the work, and not at expense to the ENGINEER: C.1.1 Records, reports, studies, plans, drawings, and other data available in the files of the CITY that may be useful in the work involved under this AGREEMENT. C,1.2 Standard construction drawings and standard specifications. C.1.3 ENGINEER will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by CITY. C.2 Access. To provide access to public and private property when required in performance of ENGINEER's services. C.3 Staff Assistance. Designate in writing a person to act as its representative in respect to the work to be performed under this AGREEMENT, and such person shall have complete authority to transmit instructions, receive information, interpret and define CITY'S policies and decisions with respect to materials, equipment, elements and systems pertinent to the services covered by this AGREEMENT. C,3.1 Furnish staff assistance in locating, both horizontally and vertically, existing CITY owned utilities and in expediting their relocation as described in Attachment B. Further, CITY will furnish assistance as required in obtaining locations of other utilities, including "potholing". C,3,2 Furnish legal assistance as required in the preparation of bidding, construction and other supporting documents, C._4 Review. Examine all studies, reports, sketches, estimates, specifications, drawings, proposals and other documents presented by ENGINEER and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. AGREEMENT FOR I NGINEE_RING SERVICES ATTACHMENT C G1 Agreement for Engineering Services for City of i Oklahoma 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 Sixty - Thousand Dollars and No Cents60,000� which amount shall not be exceeded without further written authorization by the CITY. D.2 Subconsultants and Other Professional Associates. Services of subcontractors and other professional consultants shall be compensated for at actual cost. D.3 Other Direct Costs. D.3.1 Travel and subsistence shall be compensated for at actual cost. Local travel by personal or firm automobile shall be compensated for at $.445 per mile. D.3.2 Printing expenses shall be compensated for as shown in ATTACHMENT E.3. D.3.3 Any other direct costs shall be compensated for at actual cost. D.4 _Additional Services. Unless otherwise provided for in any accepted and authorized proposal for additional services, such services shall be compensated for on the same basis as provided for in D.2 and D3. AGREEMENT FOR ENGINEERING SERVICES ATTACHMENT D D-1 D.5 Terminated Services. If this AGREEMENT is terminated, ENGINEER shall be paid for services performed to the effective date of termination as follows: D.5.1 For hourly services as presented in D.2. D.6 Conditions of Pgyment. D.6.1 Progress payments shall be made in proportion to services rendered and expenses incurred as indicated within this AGREEMENT and shall. be due and owing within thirty days of ENGINEER'S submittal of his progress payment invoices. D.6.2 If CITY fails to make payments due ENGINEER within sixty days of the submittal of any progress payment invoice, ENGINEER may, after giving fifteen days written notice to CITY, suspend services under this AGREEMENT. D.6.3 If the PROJECT is delayed, or if ENGINEER'S services for the PROJECT are delayed or suspended for more than ninety days for reasons beyond ENGINEER'S control, ENGINEER may, after giving fifteen days written notice to CITY, request renegotiation of compensation. AGREEMENT FOR ENGINEERING SERVICES ATTACHMENT D p_2 Agreement for Engineering Services for the City of Owasso,• a t l Hourly Rates For: Meshek & Associates, Inc. Amount ($/hour) per Exhibit E rates: 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 $13.00/each Color Plots $28.00/each E.3.2 Outside reproduction At Cost EA Miscellaneous expenses and fees: At Cost AGREEMENT FOR ENGINEERING SERVICES ATTACHMENT E_AMENDED (2) E_1 Agreement for Engineering Services for the City of Owasso, Oklahoma Miscellaneous Drainage Engineering Reviews and Analysis ' ersonnel Billing Rate Sheet Exhibit F The following hourly rates will be used Meshek & Associates, Inc. employees on work on this project. The rates are based on current salary levels and will be revised as necessary during this calendar year for employee salary adjustments and new employees. The rates are based on actual salary times a multiplier of 2,542. Janet Meshek Principal Engineer, PE $103.88 William (Tom) Meshek Principal Engineer, PE,LS $103.88 Dale Reynolds Project Engineer, PE $79.44 Brandon Claborn Project Engineer, PE $79.44 Chris Duncan Project Engineer, PE $79.44 Jack Goble Project En ineer, EI $61.11 Ben Fletcher Technician $61.11 _-Engineering Chris Hill GIS Specialist $67.22 Sterling Overturf GIS Specialist $67.22 Michael Couch GIS Technician $42.77 Mike Allen CADD Technician $55.00 Eddy Barclay Construction Inspector $42.77 Darlene Daugherty Administrative Assistant $38.13 Jessica Bartle y Clerical $25.42 EXHIBIT E-1 (3) E-1 Agreement or Engineering Services o x. City of Owasso, Oklahoma F. SCHEDULE. The schedule for general engineering services for the fiscal year 2006- 2007 project is provided as follows: F.1. Assuming a Notice to Proceed of August 21.2006, contract will expire on July 31, 2007. F.2. Assuming a two -week turn around review period by the ENGINEER. AGREEMENT FOR ENGINEERING SERVICES ATTACHMENT F - SCHEDULE F-1 : HONORABLE MAYOR AND CCOUNCII CITY OF OWASSO FROM:A . PUBLIC OR K DRCTO ru DATED August 4, 2006 The Three Lakes pond and dam consists of a small (0.50 Acre — approx.) impoundment and earthen embankment structure located in the Northeast 1/4 of the Southwest 1/4 of Section 20 (T21N, R14EIM) within the city limits of Owasso, Tulsa County. Located south and east of U.S. 169 and north and west of the intersection of East 86"' Street North and North 129"' East Avenue, the project is contained within Block 5 of the Three Lakes III subdivision as recorded on June 21, 1983. Because of continued deterioration of both the dam and the spillway, the pond and structure were included in the priority list of Stormwater Master flan projects. A conceptual geotcchnical study — performed by Terracon in June 2005 included recommmendations for removing the old dam and vegetation, excavating and preparing the sub -grade as a foundation for the new structure and suggestions for fill material and placement methods. Such recommendations are consistent with good engineering design and general earthen dam construction and will serve to restore the structural integrity of the Dam and mitigate the upstream erosion and flooding problems. Construction of such repairs is estimated at $350,000. To expedite the replacement of the defective dam, an allocation of $50,000 was provided in F`i' 2006- 2007 Stormwater Management Fund for the performance of Engineering Services. On August 01, 2006, Meshek and Associates submitted an Engineering Services Agreement for Dam Improvements for a fee not to exceed $45,000.00 for staff review (Attachment A). It is anticipated that staff will finalize Scope of Services by August 8, 2006 and obtain a final Agreement for approval by August 15, 2006. FUNDING SOURCE. Funding for Engineering services have been allocated under Stormwater Management Funds No. 27- 370-53001. RE COMMENDATIONS Staff intends to rccornmend Council approval of the Agreement for Engineering Services with Meshek and Associates for a fee not to exceed $45,000.00. ATTACHMENTS A. Engineering Contract Documents -- Mcshck & Associates h � E THIS AGREEMENT, made and entered into this day of 2006 between the City of Owasso, Oklahoma, a Municipal Corporation, of Oklahoma, hereinafter referred to as CITY, Meshek & Associates, Inc., hereinafter referred to as ENGINEER; WITNESSETH: WHEREAS, CITY intends to construct a replacement dam for the existing Three Lakes pond, hereinafter referred to as the PROJECT; and, WHEREAS, CITY requires certain professional services in connection with the PROJECT, hereinafter referred to as the SERVICES; and, WHEREAS, ENGINEER, is prepared to provide such SERVICES; WHEREAS, funding is available for the PROJECT through NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: 1. SCOPE OF PROTECT. The scope of the PROJECT is described in Attachment A, SCOPE OF PROTECT, which is attached hereto and incorporated by reference as part of this AGREEMENT. 2. SERVICES TO BE PERFORMED BY ENGINEER. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, which is attached hereto and incorporated by reference as part of this AGREEMENT. 3. CITY'S RESPONSIBILITIES. CITY shall be responsible for all matters described in Attachment C, RESPONSIBILITIES OF THE CITY, which is attached hereto and incorporated by reference as part of this AGREEMENT. 4. COMPENSATION. CITY shall pay ENGINEER in accordance with Attachment D, COMPENSATION, and further described in Attachment E, FEE _MANHOUR BREAKDOWN, which are attached hereto and incorporated by reference as part of this AGREEMENT. a. 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. STANDARD OF PERFORMANCE. ENGINEER shall perform the SERVICES undertaken in a manner consistent with the prevailing accepted standard for similar services with respect to projects of comparable .function and complexity and with the applicable laws and regulations published and in effect at the time of performance of the SERVICES. The PROJECT shall be designed and engineered in a good and workmanlike manner and in strict accordance with this AGREEMENT. All engineering work shall be performed by or under the supervision of Professional Engineers licensed in the State of Oklahoma, and properly qualified to perform such engineering services, which qualification shall be subject to review by CITY. Other than the obligation of the ENGINEER to perform in accordance with the foregoing standards, no warranty, either express or implied, shall apply to the SERVICES to be performed by the ENGINEER pursuant to this AGREEMENT or the suitability of ENGINEER'S work product. 7. LIMITATION OF RESPONSIBILITY. 7.1. ENGINEER shall not be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the PROJECT. 7.2. The presence of ENGINEER's personnel at a construction site is for the purpose of providing to the CITY a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). 7.3. In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of ENGINEER. 7.4. Record drawings will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact mamler 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. OPINIONS OF COST RAND SCHEDULE. 8.1. Since ENGINEER has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors', subcontractors', or vendors' methods of determining prices, or over competitive bidding or market conditions, ENGINEER'S cost estimates shall be made on the basis of qualifications and experience as a Professional Engineer. 8.2. Since ENGINEER has no control over the resources provided by others to meet construction contract schedules, ENGINEER'S forecast schedules shall be made on the basis of qualifications and experience as a Professional Engineer. 9. LIABILITY AND INDEMNIFICATION. 9.1. ENGINEER shall defend and indemnify CITY from and against legal liability for damages arising out of the performance of the SERVICES for CITY, including but not limited to any claims, costs, attorney fees, or other expenses of whatever nature where such liability is caused by the negligent act, error, or omission of ENGINEER, or any person or organization for whom ENGINEER is legally liable. Nothing in this paragraph shall make the ENGINEER liable for any damages caused by the CITY or any other contractor or consultant of the CITY. 9.2. ENGINEER shall not be liable to CITY for any special, indirect or consequential damages, such as, but not limited to, loss of revenue, or loss of anticipated profits. 10. CONTRACTOR INDEMNIFICATION AND CLAIMS. 10.1. CITY agrees to include in all construction contracts the provisions of Articles 7.1, and 7.2, and provisions providing contractor indemnification of CITY and ENGINEER for contractor's negligence. 10.2. CITY shall require construction contractor (s) to name CITY and ENGINEER as additional insureds on the contractor's general liability insurance policy. 11. COMPLIANCE WITH LAWS. In performance of the SERVICES, ENGINEER shall comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. ENGINEER shall procure the permits, certificates, and licenses necessary to allow ENGINEER to perform the SERVICES. ENGINEER shall not be responsible for procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to ENGINEER in Attachment B, SCOPE OF SERVICES. 12. INSURANCE. 12.1. During the performance of the SERVICES under this AGREEMENT, ENGINEER shall maintain the following insurance: 12.1.1. General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. 12.1.2. Automobile Liability Insurance with bodily injury limits of not less than $1,000,000 for each person and not less than $1,000,000 for each accident and with property damage limits of not less than $100,000 for each accident. 12.1.3. Worker's Compensation Insurance in accordance with statutory requirements and Employers' Liability hisurance with limits of not less than $100,000 for each occurrence. 12.1.4. Errors and Omissions Insurance to remain in effect during the PROJECT and the term of any legal liability. Errors and Omissions coverage to be for a minimum of $1,000,000, deductibles subject to approval. 12.2. ENGINEER shall furnish CITY certificates of insurance which shall include a provision that such insurance shall not be canceled without at least 30 days written notice to the CITY. 13. OWNERSHIP AND REUSE OF DOCUMENTS. 13.1. All documents, including original drawings, estimates, specifications, field notes and data shall become and remain the property of the CITY. 13.2. CITY'S reuse of such documents without written verification or adaptation by ENGINEER for the specific purpose intended shall be at CITY'S risk. 14. TERMINATION OF AGREEMENT. 14.1. The obligation to continue SERVICES under this AGREEMENT may be terminated by either party upon fifteen days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 14.2. CITY shall have the right to terminate this AGREEMENT, or suspend performance thereof, for CITY'S convenience upon written notice to ENGINEER; and ENGINEER shall terminate or suspend performance of SERVICES on a schedule acceptable to CITY. In the event of termination or suspension for CITY'S convenience, CITY shall pay ENGINEER for all SERVICES performed to the date of termination in accordance with provisions of Attachment D, COMPENSATION. Upon restart of a suspended project, ENGINEER's contract price and schedule shall be equitably adjusted. 15. NOTICE. Any notice, demand, or request required by or made pursuant to this AGREEMENT shall be deemed properly made if personally delivered in writing or deposited in the United States mail, postage prepaid, to the address specified below. To ENGINEER: Meshek & Associates, Inc. P.O. Box 636 20 West 211d Street, Suite 200 Sand Springs, OK 74063 Attention: Janet K. Meshek, PE, CFM To CITY: CITY OF OWASSO, OIGLAHOMA P.O. Box 180 Owasso, Oklahoma 74055 Attention: Ana Stagg, PE 15.1. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of ENGINEER and CITY. 16. UNCONTROLLABLE FORCES. Neither CITY nor ENGINEER shall be considered to be in default of this AGREEMENT if delays in or failure of performance shall be due to forces which are beyond the control of the parties; including, but not limited to: fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage; inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either CITY or ENGINEER under this AGREEMENT; strikes, work slowdowns or other labor disturbances, and judicial restraint. 17. SEVERABILITY. If any portion of this AGREEMENT shall be construed by a court of competent jurisdiction as unenforceable, such portion shall be severed herefrom, and the balance of this AGREEMENT shall remain in full force and effect. 18. INTEGRATION AND MODIFICATION. This AGREEMENT includes Attachments A, B, C, D, E, and F, and represents the entire and integrated AGREEMENT between the parties; and supersedes all prior negotiations, representations, or agreements pertaining to the SCOPE OF SERVICES herein, either written or oral. CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect 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. 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, Inc. Janet K. Meshek, PE, CFM Date APPROVED: City Clerk Mayor Date APPROVED AS TO FORM: City Attorney City of Owasso, Oklahoma Three Lakes Dam Improvements 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 replacement of the dam and appurtenant drainage improvements between 89th St. North and 90th St. North and between 1215t E. Ave. and 12.3,d E. Ave. The improvements include compliance with regulatory agencies including the Corps of Engineering for 404 permits and FEMA, and utlitiy relocation coordination. It is expected that there shall be a number of construction and service contracts which must be entered into in order to bring this PROJECT into being. AGREEMENT FOR ENGINEERING SERVICES ATTACNMENT.A_AMEND A_1 Agreement Engineering Serviceso, the City of o Oklahoma Three Lakes"! a i 1 ieiffilo�� The services to be performed by the ENGINEER, Meshek & Associates, Inc., under this AGREEMENT will consist of the preparation of construction plans and specifications for the replacement of a dam and appurtenant drainage improvements. Further, it is understood and agreed that the date of beginning, rate of progress, and the time of completion of the work to be done hereunder are essential provisions of this AGREEMENT; and it is further understood and agreed that the work embraced in this AGREEMENT shall commence upon execution of this AGREEMENT and receipt of Notice to Proceed. It is further understood that the PROJECT will be designed and constructed in accordance with the City of Owasso design criteria and specifications for construction. B.1. Basic Services of ENGINEER. The basic services of the ENGINEER shall include, but are not limited to the following tasks: B.1.a) Ground Survey for topography and elevations of selected features B.1.b) Legal description of final "reserve" area B.1.c) Geotechnical analysis of soil and embankment requirements B.1.d) Meetings with City Engineers and affected landowners as required B.1.e) Preliminary hydrologic and hydraulic design 13.11) Detention pond dam and appurtenant drainage improvements preliminary design B.1.g) Preparation of preliminary cost estimates to verify budget B.1.h) Final hydrologic and hydraulic design B.1J) Detention pond dam and appurtenant drainage improvements final design B.1.j) Preparation of Contract Documents and Specifications B.1.k) Preparation of Final Cost Estimates AGREEMEN FOR ENGINEERING SERVICES ATTACHMENT B AMEND g_1 %ifi i a I isCity of Owasso, Oklahoma Attachment PONSIBILITIES 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. CA 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 ATTACHMENT C_AMEND C-1 Agreement for Engineering Serviceso. the City of • Oklahoma Three Lakes Dam Improvements 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 Compiensation. D.1.1 For the work under this project, Attachment B, the total maximum billing including direct costs and subconsultant services shall be $45,000 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 $.43 per mile. D.3.2 Printing expenses shall be compensated for as shown in ATTACHMENT E.3. D.3.3 Any other direct costs shall be compensated for at actual cost. DA Additional Services. Unless otherwise provided for in any accepted and authorized proposal for additional services, such services shall be compensated for on the same basis as provided for in D.2 and D3. D.5 Terminated Services. If this AGREEMENT is terminated, ENGINEER shall be paid for services performed to the effective date of termination as follows: AGREEMENT FOR ENGINEERING SERVICES ATTACHMENT D_AMEND D_1 D.5.1 For hourly services as presented in D.2. D.6 Conditions of Parent. D.6.1 Progress payments shall be made in proportion to services rendered and expenses incurred as indicated within this AGREEMENT and shall be due and owing within thirty days of ENGINEER'S submittal of his progress payment invoices. D.6.2 If CITY fails to snake payments due ENGINEER within sixty days of the submittal of any progress payment invoice, ENGINEER may, after giving fifteen days written notice to CITY, suspend services under this AGREEMENT. D.6.3 If the PROJECT is delayed, or if ENGINEER'S services for the PROJECT are delayed or suspended for more than ninety days for reasons beyond ENGINEER'S control, ENGINEER may, after giving fifteen days written notice to CITY, request renegotiation of compensation. AGREEMENT FOR ENGINEFRING SERVICES ATTACHMENT D_AMEND D_2 City of Owasso, Oklahoma Three Lakes Dam Improvementsi Hourly Rates For: Meshek & Associates, Inc. Amount ($/hour) as per Exhibit E: 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 $0.43/mile E.3 Reproduction costs: E.3.1 In-house reproduction Copies $ 0.20/each Prints $ 2.00/each 11 x 17 Color Prints $ 3.50/each Black and White Plots $18.00/ each Color Plots $28.00/each E.3.2 Outside reproduction At Cost EA Miscellaneous exper ses and fees: At Cost AGREEMENT FOR ENGINEERING SERVICES ATTACI IMEN T E_AMENDED A 1 City of Owasso, Oklahoma Three Lakes Dam Improvements Personell Billing Rate Sheet Exhibit E The following hourly rates will be used Meshek & Associates, Inc. employees on work on this project. The rates are based on current salary levels and will be revised as necessary during this calendar year for employee salary adjustments and new employees. The rates are based on actual salary times a multiplier of 2.542. Janet Meshek Principal Engineer, PE $103.88 William (Tom) Meshek Principal Engineer, PE,LS $103.88 Dale Reynolds Project Engineer, PE $79.44 Brandon Claborn Project Engineer, PE $79.44 Chris Duncan Project Engineer, PE $79.44 Jack Goble Project Engineer, El $61.11 Ben Fletcher Engineering Technician $61.11 Chris Hill GIS Specialist $67.22 Sterling Overturf GIS Specialist $67.22 Michael Couch GIS Technician $42.77 Mike Allen CADD Technician $55.00 Eddy Barda Construction Inspector $42.77 Darlene Daugherty Administrative Assistant $38.13 Jessica Bartley Clerical $25.42 EXHIBIT F-1 F 1 Owasso,City of Oklahoma Three Lakes1r: Improvements F. SCHEDULE. The schedule for the preliminary design and final design phases of the Three Lakes Dam Replacement project are provided as follows: F.1. Assuming a Notice to Proceed of August 21, 2006, surveying will be completed by September 5, 2006. F.2 Preliminary design and preliminary probable construction cost estimate will be completed by November 5, 2006. F.3 Geotechnical Engineering will be complete by September 21, 2006. FA Assuming a two -week review period by the City of Owasso, final Design and final probable construction cost estimate will be completed by December 19, 2006. AGREEMFNT FOR ENGINEERING SERVICES ATTACHMENT F - SCHEDULF_AMENDED F-1 HONORABLETO: THE OWASSO PUBLIC WORKS AUTHORITY FROM: P.E. is " •, �� ..• '6 DATE: August 3, 2006 As stated in the City of Owasso's 2006-2007 Annual Budget Report, the growing need of our community has prompted a shift in priorities to achieve a new level of economic stability. As part of such objective, the City of Owasso has undertaken a comprehensive review of fees for services provided to our community — including water, sewer and refuse service fees collected by the Owasso Public Works Authority. The Owasso Public Works Authority adjusts rates and service fees to compensate for increases in maintenance, operating and capital improvement costs. bast rate increase (of fifteen cents per 1000 gallons) for water service occurred in 2002 to compensate for an increase in Tulsa water rates of twelve cents per 1000 gallons and facilitate the financing of scheduled capital improvement projects. The increase in rate was directly related to the increase in purchased water rate and anticipated debt service related to proposed improvements. No further analysis for cost of service was performed at that time. The current fee structure for water, sewer and refuse services is as follows: SERVICE REGULAR RURAL RATE RATE WATER Minimum 1,000 gallons $ 7.65 $ 9,1.8 Each additional 1,000 gallons $ 3,35 $ 4.02 SANITARY SEWER Minimum $ 3.33 Each additional 1,000 gallons $ 2..26 -- or -- 0 to 1,000 gallons $ 5.59 1,001 to 5,000 gallons $ 14.63 5,001 to 7,500 gallons $ 20,28 COMMENTS Resolutimi 2002-04 (Atigust 2002) Water And Sewer Rate Study Engineering Services Agreement Page 2 of 4 SERVICE RERATE GULAR RURAL RATE COMMENTS REFUSE Resolution 2001-08 (July 2001) Residential Rates Each 90 gallon refuse cart $ 10.00 Each 90 gallon yard cart $ 6.50 Commercial Rate Each 90 gallon refuse cart $ 12.00 'To better plan for the future needs of our community, it proposed that a methodological water and sewer rate study be completed by a specialized consultant. It is further recommended that such work be immediately followed by an in-house rate analysis for refuse collection, which can be completed by City personnel utilizing training and knowledge obtained from the completion of the water and sewer rate study. Such studies are not only to detail the principles for pricing services provided to our customers but also deliver an asset management plan to enable a cost-effective use of existing infrastructure and resources. The objective of the studies would be to compile planning information — provided by the recently completed Master Plan documents — and maintenance and/or replacement requirements of existing infrastructure to assure the long-term financial stability of the Utility at the lowest possible cost to our customers. Such studies would be the first of its kind performed by the City of Owasso. ENGINEERING SERVICE AGREEMENT: On August 1, 2006, Greeley and Hansen LLC submitted a proposal for the performance of the City of Owasso water and Sewer Rate Study in the amount of $35,000. The proposed work includes an inventory and/or valuation of existing assets, analysis of operational efficiencies, and preparation of financial models and delivery of a report. The work will be performed concurrent to the Wet blather Study to be completed in November 2006. Detailed services to be provided arc as follows: 1. Meeting No. 1 with City staff. Topics to be discussed: Project scope and goals Reach consensus on City's goals for Rate ;Study Project Confirm interview schedule location Review present cost of service financial data Review revise interview questions ® Schedule meeting #2 Deliverables: Meeting Agenda, Interview questions, list of people to be Interviewed and ineeting Summary Water And Sewer Rate Study Engineering Services Agreement Page 3 of 4 2. Interview 5 Stakeholders ® Conduct 5 one hour interview Interview 3 customers Interview 2 business lcaders/devclopers ® Tabulate findings from interviews into a summary sheet ® Create a summary of all interviews ® Deliverables: Interview summary sheet of the 5 interviews 3. Review operational efficiencies (water and wastewater) ® Deliverable: Summary of Operational Efficiencies 4. Meeting No. 2 with City Staff: ® Summary of Operational Efficiencies ® Review Capital Improvement plans/goals. ® Review anticipated growth rates and population density ® Review regulatory issues/changes ® Review GASB 34 and cMOM needs requirement ® Brain storm "Potential Improvement Points" (PIP) ® Deliverables: Meeting Agenda, and Meeting Summary which will serve as the "Basis of Understanding" for parameters for the financial model 5. Run two runs of the Financial Model with different scenarios ® Deliverable: "Draft report" containing: Financial Model runs detailing assumption, scenario and analysis. Recommended rate and implementation schedule 6. Meeting No. 3 with City Staff. Present and discuss revised report ® Present alternative rate schedules ® Review and revise PowerPoint presentation for City Council ® Deliverables: Meeting Agenda, revised "Rate Study" report, City Council presentation, and meeting summary It is anticipated that the study can be completed within 90 days from the Notice to Proceed. The following schedule is based on receiving the notice to proceed by September 5, 2006. Meeting No. I to be completed by September 19, 2006 (Scope Item 1) ® Interview 5 Stakeholders to be completed in conjunction with Meeting No. I (Scope item 2) Review of Operational Efficiencies review to be completed by Scptember 22, 2006 (Scope Item 3) ® Meeting No. 2 to be completed by October 17, 2006 (Scope Item 4) Run Financial Model to be completed by October 31, 2006 (Scope Item 5) ® Meeting No. 3 to be completed by November 15, 2006 (Scope Item 6) ® Project complete by November 30, 2006 Water And Sewer Rate Study Engineering Services Agreement Page 4 of 4 Following consent by the Authority related to the Scope of Services presented herein, City staff will negotiate a Service Agreement with Greeley and Hansen LLC detailing hourly rates, scheduling details and deliverable expectations. It is anticipated that such Agreement can be presented to the Authority for approval at the regularly scheduled meeting on September 5, 2006. FUNDING: Funding for the work is included in FY 2006-2007 Water Distribution Budget, Line Item 61- 420-53001 in the amount of $35,000. RECOMMENDATIONS: Staff intends to recommend Trustees approval of an Engineering Services Agreement for the preparation of a Water and Sewer Rate Study by Greeley and Hansen LLC in the amount not to exceed $35,000. NOTE: It should be noted, that the preparation of a Water and Sewer Rate Study is in concept only and an actual agreement for services will not be completed without receiving input and comments from Council. 11t;1lt[�7 7� �i 1i>�►rl TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWtSSO FROM:.. CITY ENGINEER ODOT PROJECT AGREEMENTS AND AUTHORIZING RESOLUTIONS 1- ROAD INTERSECTIO-ILT DATE: August 8, 2006 BACKGROUND: The project, originally approved under the Oklahoma Department of Transportation (ODOT) Local Government Program, calls for the widening and signalization of the intersection at E. 86"' Street North and N. Mingo Road, complete with new sidewalk, curb and gutter and drainage improvements. Although originally programmed for construction under the 1998 Bond, the work was delayed for several years to allow for the completion of E. 76th Street North and US Highway 169 Interchange, E. 86"' Street North and Main Street Intersection and E. 76'h Street North Widening. Engineering design, first initiated in 1999, resumed in July 2005 and was completed in June 2006. The project is scheduled to advertise for Bids in November 2006 for a construction start date in January 2007. Funding for this project has been transferred from the ODOT Small City Urban Program to the INCOG Transportation Improvement Program. In order to secure this funding two agreements with the Oklahoma Department of Transportation — "Right -of -Way, Public Utility and Encroachment Agreement" and "Project Maintenance and Funding Agreement" — as well as associated authorizing resolutions must be approved by Council. RIGHT-®HMENT AG , EIVIE NT: This Agreement outlines all responsibilities of the City of Owasso and ODOT with regards to ROW before, during and after construction. Regarding the project ROW, the Agreement provides that the City will: * grant right of access to ODOT and its contractors, * remove all encroachments, prohibit parking, ® comply with driveway standards, acquire and maintain all ROW ® be responsible for relocating all utilities, and locate, construct and maintain for the duration of the Project any necessary detours Other provisions state that the City will regulate traffic and maintain the traffic control signals. Page 2 ODOT Project Agreements and Authorizing Resolutions 86`' Street North & Mingo Road Intersection Right-of—way acquisition for this project was completed by Autumn of 2002 during an earlier design phase for this Project. No additional acquisition is required based on the subsequent redesign. Utility relocation for the project is currently underway. Other provisions of this agreement are part of typical City of Owasso practice for Capital Improvements projects of this nature. PROJECT AGREEMENT (PROJECT MAINTENANCE AND FUNDING AGREEMENT)° ODOT has prepared a Project Agreement identifying responsibilities of the City of Owasso and ODOT on this project. This Agreement provides for the conditions for disbursement of Federal - aid Surface Transportation Program funds under INCOG's Transportation Improvement Program. Ivey provisions of this Agreement include: City of Owasso official plan development and approval ® compliance with Title III of the Americans with Disabilities Act ® meeting all requirements of the Environmental Protection Agency for storm water runoff on this project ® further provisions regarding parking, signage and traffic control devices including the disposition of traffic signals no longer needed during the anticipated design life of the project ® traffic regulation and control maintenance of drainage systems, curbs, driveways and right-of-way ® maintenance of the right-of-way free from encroachment ® construction, repair and maintenance of any detour required during the construction of this project Oklahoma Department of Transportation ® construction contract advertisement, bidding and administration ® project supervision and administration Costs of construction arc divided, whereby Federal -aid Surface Transportation Program Project Funds will provide 80% ($1,235,200.00) of the estimated project cost of $1,549,859.00. Resolution 2006-21 states that the City of Owasso will agree to the provisions of the Project Agreement and will agree to provide 20% ($314,659.00) of the estimated project cost in order to complete the funding of the project. An invoice for the City of Owasso share of $314,659.00 has been submitted by OIDOT. In order for the project to proceed as outlined, all funds committed to the project: are to be in -place; therefore, the City of Owasso share is requested to be paid at this time. Page 3 ODOT Project Agreements and Authorizing Resolutions 86th Street North & Mingo Road Intersection FUNDING: Funding for this project is provided in FY 2006-2007 Capital Improvements Fund, Line Item 40- 300-54210-013. RECOMMENDATIONS Item 1: Staff intends to recommend Council approval of Resolution No. 2006-20 and authorization for the Mayor to execute the Right -of -Way, Public Utility and Encroachment Agreement between the Oklahoma Department of Transportation and the City of Owasso for the East 86t" Street North and Mingo Road intersection improvements (Project Number STP-172B(108)IG). Item 2: Staff intends to recommend Council approval of Resolution No. 2006-21 and authorization for the Mayor to execute the Project (Project Maintenance and Funding) Agreement between the Oklahoma Department of Transportation and the City of Owasso for the East 86th Street North and Mingo Road intersection improvements (Project Number STP-172B(108)IG). Item 3: Staff intends to recommend Council approval for payment of an invoice from the Oklahoma Department of Transportation in the amount of $314,659.00 for the City of Owasso share of estimated costs in the East 86th Street North and Mingo Road intersection improvements (Project Number STP-172B(1.08)IG). ATTACHMENTS. A. Resolution No. 2006-20 B. Oklahoma Department of Transportation Right -Of -Way, Public Utility and Encroachment Agreement C. Resolution No. 2006-21 D. Oklahoma Department of Transportation Project (Project Maintenance and Funding) Agreement E. Oklahoma Department of Transportation — Division Invoice No. 17760(04) 11 IV ff 19111 W11 RESOLUTION OF THE CITY COUNCIL OF OWASSO, OKLAHOMA, MAYOR TO EXECUTE THE RIGHT OF WAY, PUBLIC ENCROACHMENTUTILITY AND • BETWEEN THE CITY OF OWASSO AND THE OKLAHOMA DEPARTMENT TRANSPORTATION FOR TH STREET NORTH '. AND D i ROAD INTERSECTION IMPROVEMENTS. WHEREAS, it appearing reasonable and necessary for the CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, to execute a Right -of -Way, Public Utility and Encroachment Agreement in connection with the construction of a public project known as STP-17213(108)UR, J/P 17760(04) Const.,(03) Util., (02)R/W, in accordance with the terms and tenor of 69 O.S. 1991, Sections 1205, 1206, 1401 and 1403. NOW, THEREFORE, BE IT RESOLVED by the CITY OF OWASSO, TULSA COUNTY, OKLAHOMA sitting in regular session that such contract be entered and that a copy of same be hereto attached and made a part hereof by reference, all as provided by law. ADOPTED this 15th day of August, 2006 Stephen Cataudella, Mayor ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney RIGHT-OF-WAY, PUBLIC UTILITY ATTACHMENT B AND ENCROACHMENT AGREEMENT This Agreement, entered into between the City of Owasso, Tulsa County, Oklahoma, hereinafter called the City and the Department of Transportation of the State of Oklahoma, hereinafter called the Department, in connection with the location and improvement of a portion of the City Street System within the corporate limits of the City, now designated as E. 861 street and Mingo Road under plans and specifications for STP-1 72B(108)UR,Job No. J/P 17760(04) Const. (03) Util., (02) R/W, Witnesseth: WHEREAS, it is mutually agreed between the parties that certain improvements should be made to the highway now as follows: That the Department proposes construction of Intersection Modifications and Traffic Signals at the Intersection of E. 86w street and Mingo Road. WHEREAS, legislative authorization and the rules, regulations, and policies of the Department provide the basis of cooperation between the parties to effect such highway improvements. NOW, THEREFORE, the parties hereto agree as follows: To the location of said highway, acknowledges receipt of and adopts the plans for said project as the official high lighting, sign lighting, grade and drainage plans of the City for the streets, boulevards, or arterial highway included therein. That prior to the advertising of the project for bids (as to that part of the project lying within the present corporate limits) it will: (a) Grant to the Department and its contractors, the right -of -entry to all streets, alleys, and other rights -of -way shown on said plans, (b) Remove at its own expense, or cause the removal of, all encroachments on existing streets as shown on said plans, including all signs, buildings, porches, fences, gasoline pumps and islands, and any other such private installations. (c) Prohibit parking on that portion of the project within the corporate limits of the City. (d) Comply with the Department's standards for construction of driveway entrances from private property to the highway, in accordance with the Department's manual entitled "Policy on Driveway Regulation for Oklahoma Highways", Rev. 5/96, 69 O.S. (1991) § 1210, (e) Maintain all right of way acquired for the construction of this project, as shown on said plans, in a manner consistent with applicable codes, ordinances and regulations. 3. That it will: (a) Determine and locate, with the Department's approval, a detour route over existing city streets, if a rerouting of traffic or a detour is necessary during the period of construction. (b) Be responsible during or subsequent to construction, for any maintenance necessary to the approved detour route over existing city streets, or any other street as a result of additional traffic, (c) Be responsible for repairs or maintenance to any city street, during or subsequent to construction, which results from additional traffic where construction is performed under traffic. That subsequent to the construction of said project, it will: (a) Keep all permanent right-of-way shown on said plans free from any encroachment and take immediate action to effect the removal of any encroachments upon notification by the Department. Project No.: STP-172B(108)UR Job No.: 17760(04) Pace: 2 (b) Erect, maintain, and operate traffic control signals, including speed limit and traffic control signs, only in accordance with 47 OS 1991, Section 15-104, 15-105 and 15-106, and subject to the approval, direction and control of the Department. (c) Regulate and control traffic on said project, including but not limited to, the speed of vehicles, parking, stopping, and turns, in accordance with 47 OS 1991, 15-104, et'seq. and to make no changes in the provisions thereof without the approval of the Department. (d) Maintain all that part of said project within the corporate limits of the City That all covenants of this Agreement shall apply to any area hereinafter annexed to the City which lies within the limits of this project. That it will, by resolution, duly authorize the execution of this Agreement by the proper officials, and attach copies of such resolution to this Agreement. To acquire all right-of-way, if any, be responsible for the total costs for removing and relocating outdoor advertising signs and for the relocation assistance payments to persons displaced by reason of the acquisition of right-of-way and be responsible for the removal or relocation of all utility lines on public or private rights -of -way to accommodate the construction of this project. (a) Transmit copies of the instruments to the Department prior to the advertisement of bids for construction. (b) Comply with the provisions of 42 U.S.C.A. § 4601-4655 and 23 U.S.C.A. § 323 (as amended) in the acquisition of all necessary right-of-way. (c) That as a condition to receiving any Federal Financial Assistance from the Department of Transportation, it will comply with 'title VI of the Civil Rights Act of 1964, 78 Stat. 252.42 U.S.C. 2000d-35 seq., and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, "Nondiscrimination of federally -assisted Program of the Department of Transportation -Effectuation of Title VI of the Civil Rights Act of 1964". iN CONSIDERATION of the grants and covenants by the City herein contained and the faithful performance thereof by the City, the Department agrees to construct said project in accordance with said plans and specifications; provided that the right to make such changes in the plans and specifications as are necessary for the proper construction of said project is reserved to the Department. IN WITNESS WHEREOF, we have hereunto set our hands and seals, the City on the ___-- day of , 20� u, and the State on the , day of_� � , 20, \TTEST: CITY CLERK REVIEWED AND APPROVED AS TO FORM AND LEGALITY CITY OF OWASSO MAYOR STATE OF OKLAHOMA DEPARTMENT OF TRANSPORTATION CHIEF, LEGAL DIVISION (ODOT) DIRECTOR ♦. RESOLUTION OF OWASSO, OKLAHOMA, AUTHORIZING THE MAYOR TO EXECUTE THE PROJECT (MAINTENANCE AND FUNDING) OF OWASSO AND THE OKLAHOMA DEPARTMENT OF TRANSPORTATION FOR THE E. 86 TH STREET NORTH 1` N. MINGO ROAD INTERSECTION IMPROVEMENTS. WHEREAS, it is in the best interest of the City of OWASSO, Oklahoma, to execute the Project Agreement for Federal -aid Project Number STP-172B(108)IG by and between the City of OWASSO and the Oklahoma Department of Transportation. NOW, THEREFORE, it is hereby resolved that the Mayor is authorized and directed to execute the above described agreement on behalf of the City of OWASSO. ADOPTED this 15"' day of August, 2006. Stephen Cataudella, Mayor ATTEST: Sherry Bishop, City Clerk Approved as to form: Julie Lombardi, City Attorney I�'orni UR-A(i-100 141'1YFIRMI. 1%11) PRt1111;t:'h 'I Iris Agreement, i»adc tlhc clay and year Dist written below, by and between the City of OWASSO, Oklahoma, hereinafter referred to as the LOCAL AGENCY, and the Department of Transportation of the State of Oklahoma, hereinafter referred to as the DEPARTMENT, for the following intents and purposes and subject to the following terms and conditions, to -wit: WITNESSETH: That the LOCAL AGENCY requests that certain street improvements be approved for processing by the Oklahoma Transportation Commission as previously programmed by the LOCAL AGENCY and designated as Federal -aid Project Number STP-172B(108)IG consisting of the actual improvements as follows: 86`h Street North at Mingo Road WHEREAS, all construction is to be in conformance with the plans prepared by the LOCAL AGENCY, which are by reference made part of this Agreement. Said plans are to be as a minimum in accordance with the Oklahoma Standard Specifications for Highway Construction, WHEREAS, the parties hereto have entered into a Right -of -Way, Public Utility and Encroachment Agreement," which provided inter alia that the LOCAL AGENCY would be responsible for furnishing all right-of-way for said project, free and clear of all obstructions, encroachments, and that the LOCAL AGENCY shall at its sole expense maintain the project after construction; and WHEREAS, nothing herein contained shall be construed in any way to modify, alter, rescind, or abridge any portion of the aforementioned "Right -of -Way, Public Utility and Encroachment Agreement; and NOW THEREFORE, the parties hereto mutually agree as follows: (1) The LOCAL AGENCY agrees to the location of the subject project and acknowledge receipt of and adopts the plans for said project as the official plans of the LOCAL AGENCY for the streets, boulevards, arterial highways and/or other improvements contained therein; and further the LOCAL AGENCY affirmatively states that it has fully and completely examined these plans and does hereby warrant to the DEPARTMENT the LOCAL AG1�,NCY's complete satisfaction with these plans, and the fitness of the plans to construct the aforesaid project. E (2) '1 he LOCAL, AGENCY certifies that the project design plans comply , and the project v+ Iwil colllplc?c(l vvIII comply, v;fill the applicable provisions ofthe Department oFJustice inlplcn)cntaliOn pl<<n o11 itle III ofthe Americans witli Disabilities Act, (42 U.S.C. 12101-12213) as outlined in 28 CHfart 35. (3) II'hc LOCAL AGENCY agrces to become jointly responsible with the contractor as co - applicants for meeting all Environmental Protection Agency (EPA) requirements for storm water runoff on this project. It is agreed that the project plans and specifications, required schedules for accomplishing the temporary and permanent erosion control work and the storm water pollution prevention plan sheet contained in the plans constitute the storm water management plan for the project described previously in this document. (4) The LOCAL AGENCY agrees to prohibit parking on that portion of the project within the corporate limits of the LOCAL AGENCY, except as may be indicated in the plans or hereafter approved by Agreement with the DEPARTMENT. The LOCAL AGENCY further agrees not to install or permit to be installed any signs, signals, or markings not in conformance with the standards approved by the Federal Highway Administration and the Manual on Uniform Traffic Control Devices (MUTCD). (5) The LOCAL AGENCY further agrees and warrants to the DEPARTMENT that subsequent to the construction of said project, the LOCAL AGENCY will: (a) Erect, maintain and operate traffic control devices, including signals, signs and pavement markings only in accordance with 47 O.S. 1991 Section 15-104, 15-105 and 15-106, and subject to the Agreement of the DEPARTMENT: (1) In the event that any traffic signal installed hereunder is no longer needed for the purposes designated herein, then the traffic signal installed hereunder shall not be removed by the LOCAL AGENCY to any point other than that which is approved by the DEPARTMENT prior- to such removal. (2) In the event there is no mutually agreed location for the reinstallation, the LOCAL AGENCY will assume complete ownership of the equipment following removal, if the installation is ten (10) years old or older. If the installation is less than ten (10) years old, and: (a) In the event the LOCAL AGENCY desires total ownership of the equipment, the LOCAL AGENCY shall reimburse the DEPARTMENT for the original Federal funding percentage share for the original equipment cost only, amortized for a ten (10) year service life, interest ignored, and assuming straight line depreciation. (b) In the event the LOCAL AGENCY does not desire total ownership of the equipment, the LOCAL AGENCY shall sell the equipment at puhlic auction to the highest bidder. Tlic LOCAL AGENCY I shall reimburse the DEPARUMENT the original Federal funding percentagc share of the proceeds of such sale. (h) Subject to Agreement with the DEPAR'1 MEN"h regulate and control trafl-Ic on said project, including but not limited to, the speed of vehicles, parking, stopping and turns and to mal<e no changes in the provisions thereof without the approval of the DEPARTMENT. It shall be the responsibility of the LOCAL AGENCY to notify the DEPARTMENT of any changes necessary to insure safety to the traveling public. (c) Maintain all drainage systems and facilities constructed, installed, modified or repaired in conjunction with this project or as may be otherwise necessary to insure proper drainage for road surfaces constructed under the terms of this Agreement. (d) Maintain all curbs and driveways abutting road surfaces constructed under the terms of this Agreement and all sidewalks adjacent thereto. (e) Maintain all right-of-way areas adjacent to road surfaces, including erosion control and periodic mowing of vegetation in a manner consistent with applicable codes, ordinances and regulations. (f) Make ample provision annually for proper maintenance of items heretofore delineated as the responsibility of the LOCAL, AGENCY, including the provision of competent personnel and adequate equipment, and specifically, to provide all required special maintenance of the project during the critical period immediately following construction, (g) beep all permanent right-of-way shown on said plans free from any encroachment and take immediate action to effect the removal of any encroachments upon notification by the DEPARTMENT. (6) The LOCAL AGENCY further agrees and warrants to the DEPARTMENT concerning sign and highway facility lighting: (a) The LOCAL AGENCY will upon notice from the DEPARTMENT Engineer provide at its own expense all required electrical energy necessary for all preliminary and operational tests of the highway lighting facilities. (b) Upon completion of the construction of said project, and by the DEPARTMENT, the LOCAL AGENCY will be responsible for the maintenance and cost of operation of these highway lighting facilities, including all appurtenances thereto and including the sign lighting facilities. (c) It is specifically understood and agreed that the highway lighting and sign lighting facilities specified herein shall be continuously operated during the hours of darkness between sunset and sunrise and shall not be altered, removed or be allowed to cease operation without the mutual written consent of the DI?PAIZTMl?N'I' and the LOCAL, AGENCY . 4 (d) The LOCAL AGENCY agrees to provide on a periodic schedule an inspection, cleaning and rchinping maintenance p-ooram to assure the maXIInt1m e11f1cie11cIV ol'thc highway lighting iacilitics. (c) In the event that highway lighting facilities installed hereunder arc no longer needed for the purposes designated herein, then the highway lighting facilities installed hereunder shall not be removed by the LOCAL AGENCY to any point other than which is approved by the DEPARTMENT prior to such removal. (f) In the event there is no mutually agreed location for reinstallation, the LOCAL AGENCY will assume complete ownership of the equipment following removal, if the installation is twenty (20) years old or older. If the installation is less than twenty (20) years old, and: (1) In the event the LOCAL AGENCY desires total ownership of the equipment, the LOCAL AGENCY shall reimburse the DEPARTMENT for 75% of the original equipment costs only, amortized for a twenty (20) year service life, interest ignored, and assuming straight line depreciation. (2) In the event the LOCAL AGENCY does not desire total ownership of the equipment, the LOCAL AGENCY shall sell the equipment at public auction to the highest bidder. The LOCAL AGENCY shall reimburse the DEPARTMENT 75% of the proceeds of such sale. (7) The LOCAL AGENCY agrees, affirms and warrants to the DEPARTMENT that the LOCAL, AGENCY will be responsible, during the period of construction, for any repairs or maintenance to the approved detour route or any other street which may be required as a result of additional traffic. (8) The LOCAL AGENCY agrees to comply with Title VI of the Civil Rights Act of 1964, 78 O.S. § 252.42, U.S.C. §2000d-et seq., and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, of Secretary of Transportation, Part 21 - "Nondiscrimination in federally assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act 1964." (9) The LOCAL AGENCY agrees that it will, by resolution, duly authorize the execution of this Agreement by the proper officials, and attach copies of such resolution to this Agreement. (10) The DEPARTMENT and the LOCAL AGENCY mutually recognize that each party is a governmental entity subject to the provisions of the Governmental Tort Claims Act (51 O.S. 1991 § 151 ct seq.). The DEPARTMENT and the LOCAL AGENCY hereby mutually agree that each is and may be held severally liable for any and all claims, demands, and stilts in law or equity, of any nature whatsoever, paying for damages or otherwise, arising from any negligent act or omission of any of their respective employees, agents or contractors which may occur- during the prosecution or performance ol'this Agreement to the extent provided in the Governmental Tort Claims Act. Each 5 party agrees to severally bear all costs of investigation and defense of clai«Is arising under the Governmental "port ('lairns Act and any jud�_,cnicws which may be rcwlcr�"d In <,mch cause to the limits provided by law. nothing in this section shall be intcrhreted or construed to waive any legal defense which may be available to a party or any exemption, limitation or exception which may be provided by the Governmental Tort Claims Act. (1 1) Based on a total estimated construction cost of $1,549,859.00, the LOCAL AGENCY agrees that local funds shall be used to provide 100% of any nonparticipating costs (estimated at $5,859.00) and 20 percent of the participating project costs (estimated at $308,800.00). The LOCAL AGENCY's total obligation is presently estimated at $314,659.00 (Three -Hundred -Fourteen -Thousand -Six -Hundred -Fifty -Nine -Dollars). Any amount due shall be deposited with the DEPARTMENT prior to advertisement for bids. (12) The DEPARTMENT agrees that Federal -aid Surface Transportation Program funds shall be requested to provide 80 percent of the participating project costs. The amount of federal funds are presently estimated at $1 235,200.00 (One -Million -Two -Hundred - Thirty -Five -Thousand -Two -Hundred- Dollars). (13) It is understood by the LOCAL AGENCY that no State funds are utilized in any phase or aspect of this project. Only LOCAL AGENCY and Federal funds are to be utilized. (14) Upon approval of this Agreement and the plans, specifications, and estimates by the DEPARTMENT and Federal Highway Administration, if applicable, the DEPARTMENT shall agree to advertise and let the contract for this project in the usual and customary legal manner. It is agreed that the project herein described is proposed to be financed as previously set forth, and that this Agreement, all plans, specifications, estimates of costs, acceptance of work, payments and procedures in general hereunder are subject in all things at all times to all Federal laws, regulations, orders and approvals as may be applicable hereto. (15) It is understood by the LOCAL AGENCY and the DEPARTMENT that the funding participation stipulated herein may be altered due to construction supervision costs and/or nonparticipating items incurred during construction. Upon final acceptance of this project, the amount of Federal funds received and the amount previously deposited by the LOCAL AGENCY will be deducted from the total cost and a refund will be made by the DEPARTMENT to the LOCAL AGENCY or additional funding will be requested from the LOCAL, AGENCY. (16) The DEPARTMENT agrees to constrict said project in strict accordance with the plans furnished and approved by the LOCAL AGENCY: provided that upon consultation with and Agreement by the LOCAL AGENCY, the DEPARTMENT shall have the right to make such changes in the plans and specifications as are necessary for the proper construction of the project. The DEI'ARTMI3NT shall provide competent supervision at all times that the worl: is in progress. The LOCAL AGENCY shall have inspectors oil (he project site as the LOCAL AGI_,"NCY determines necessary to insure construction oP 6 the project to the satisfaction of the LOCAL A61�'NCY and shall have representatives <tv�ill�ihlc for ccnn tiltaiion with tic 1)1?1'AlZJN/111?N 1' In coopc rrd(' hilly to the end of obtaining work strictly in accordance Gvith the LOCAL. A( &.NC'Y's approved plans and specifications. (17) The LOCAL AGENCY agrees that the LOCAL AGLliNCY will intervene as a party defendant in all actions where a contractor may allege delay due to failure of the LOCAL, AGENCY to accomplish timely utility relocations, site conditions which are not as represented on the plans, or plan errors which impact on project constructability, whether in the District Court or in an alternative dispute resolution forum; and will defend all such actions and will pay all damages relating to delay as may be assessed by such court or alternative dispute resolution forum against the LOCAL AGENCY for its adjudged failure. (18) Failure by the LOCAL AGENCY to fulfill its responsibilities under this Agreement will disqualify the LOCAL AGENCY from future participation in any Federal -aid project. Federal funds are to be withheld until such time as the deficiencies in regulations have been corrected or the improvements to be constructed under this Agreement are brought to a satisfactory condition of maintenance. (19) 1t is further specifically agreed and understood between the LOCAL AGENCY and the DEPARTMENT that the project will be built in accordance with the plans and specifications, and upon final acceptance by the LOCAL AGENCY and the DEPARTMENT of this project, the LOCAL AGENCY does hereby accept full, complete and total responsibility for the maintenance of this project as provided in this Agreement.. The LOCAL AGENCY does not waive any rights against any contractor(s) with respect to defects, hidden or otherwise, in materials or workmanship. The LOCAL AGENCY does not, pursuant to this provision or any other provision in this Agreement, waive its sovereign immunity or any exemption from, exception to or limitation of liability as provided in the Governmental Tort Claims Act. (20) The Secretary of the DEPARTMENT may terminate the contract in whole, or from time to time in part, whenever: (a) The requisite federal funding becomes unavailable through failure of appropriation or otherwise. (b) The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense, or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources. (c) The contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining order of a court of competent jurisdiction where the issuance of such order is prinru ily 7 caused by the acts or omissions oi-pCrSons or a(encies other than the cons actor. (d) i he Secret�uy (lctcith ,t Au� kl I)Itr,r[iun 1.5 in tiro hc':;t interest of,tile Sialc. IN WI'I'NESS WI IEREOF, the Director of the Department of Transportation, pursuant to authority vested in him by the State Transportation Commission, has hereunto subscribed his name as Director of the Department of Transportation and the LOCAL AGENCY has executed same pursuant to authority prescribed by law for the Departmeut. The LOCAL AGENCY on this DEPARTMENT on the day of City Attorney day of , and the LOCAL AGENCY (CITY OF OWASSO) - Mayor ATTEST: City Cleric STATE OF OKLAHOMA DEPARTMENT OF TRANSPORTATION General Counsel Assistant Chief Engineer/Director -- Preconstruction KL,AHOMA l,"I"AIZ'I'MEN'I' (,)I,,'L'IZANS[) R'I'A'I'I N Makc check PAYAliLE and NJAIL TO To: City of Owasso P O Box 180 Owasso OK 74055 VF,'(9 1 ('II" Oklahoma icI-)"u-tlncnt ol hr Illsportation Comptrollcr DI%'ision 200 N. I,". 2I" Street Oklahoma City, OK 73105-3204 Division Invoice No. 17760(04) Division Name: Local Government Date: August I. 200E Description — Explanation of Charge Quantity Price Each Total Due Date: September 19 2006 STP- 172B(108)IG Intersection Modification & Traffic Signals 86"' Street North at Mingo Road _ Total Estimated Project Cost $1,549,859.00 (Less Federal Funds) ($1,235,200.00) a• i� �,u� I k� '1„�. hivoice Total W I)is(rihulion orCbhics: Purchnscr Rcmil with Poyllicni Ili\ isinn I'rnjri l hi lc Ill\I:'It ill Acruu n(inr I lip i•,i�ni iAr�ip, Ins ��hr Illy t'„iiil,u�illri $314,659e00 City of Owasso ® 86"/Mingo Intersection Modification & Traffic Signals Item Contract amt Est. Contract Admin Total Federal Local Roadway $1,218,500.00 $103,572.50 $1,322,072.50 $1,057,658.00 $264,414.50 Construct $49,500.00 $4,207.50 $53,707.50 $42,966.00 $10,741.50 Staking $25,000.00 $0.00 $25,000.00 $20,000.00 $5,000.00 Traffic $132,000.00 $11,220.00 $143,220.00 $114,576.00 $28,644.00 Non Part $5,400.00 $459.00 $5,859.00 $0.00 $5,859.00 Total $1,430,400.00 $119,459.00 $1,549,859.00 $1,235,200.00 $314,659.00 Federal Share 80.00% OKLAHONIA DEPARTIATIENT OF -1"RANSP0VQTATf10N,, S t August 1, 2006 Ana C. Stagg Public Works Director City of Owasso P.O. Box 180 Owasso, OK 74055 Re: Project Number: STP-17213(108)IG State Job Number: 17760(04) City: Owasso Description: Intersection Modifications & Traffc Signals Location: 86th Street North & Mingo Road We are transmitting (3) copies of the project maintenance and funding agreement for the noted location. Please review and arrange for the execution of this agreement by the appropriate City officials, When completed, please return all agreements to this office. We will obtain the required ODOT signatures and provide you with a fully executed original for your files. Attached is an invoice for the City's estimated local share. Upon receipt of the executed agreement, the City matching funds in the amount of $314,659.00 will be due 30 days prior to the scheduled let date. We will adjust the project costs based on the actual approved bid. If You need additional information, please contact this office at (405) 521-2737. Sincerely, Mark Scott Project Manager Local Government Division cc: Ray Jordan - Tulsa County Tim Armer - INCOG "l-ransmittals of proctor III I1 ellf yO "hIII, 11: ?1, If, f I, r dw peopb% comill" AN LOOM ON1011 RJNH-Y EMPLOYER TO: AND TRUSTEES OWASSO PUBLIC WORKSO • FROM: , , PUBLIC WORKS DIRECTOR DATE: August 3, 2006 BACKGROUND: The Owasso Public Works Authority (OPWA) received Notice from the City of Tulsa that, effective October 1, 2006, water rates will increase from $1.98 to $2.18 per 1000 gallons. Because the City of Owasso currently purchases treated water from the City of Tulsa, the FY 2006-2007 Budget proposed an increase of $.25 per 1000 gallons to offset the increase from Tulsa and to provide additional operating funds for the OPWA. The last rate increase (of fifteen cents per 1000 gallons) for water service occurred in 2002 to compensate for an increase in Tulsa water rates of twelve cents per 1000 gallons and facilitate the financing of scheduled capital improvement projects. In addition to the proposed increase in water rates, the FY 2006-2007 budget also included an increase of $1.00 for refuse service. The last increase for such service occurred in 2001 in the amount of $2.00 per each 90 gallon refuse cart. The current and proposed fee structure for water and refuse services is as follows: SERVICE REGULAR RATE Current Proposed WATER Minimtnn 1,000 gallons $7.65 $7.90 Each additional 1,000 gallons $3.35 $3.60 REFUSE Residential Rates Each 90 gallon refuse cart $10.00 $11.00 Commercial Rate Each 90 gallon refuse cart $12.00 $13.00 RURAL, RATE* Current Proposed CONEhIENT'S $9.18 $4.02 Resolution 2002-04 (August 2002) $9.48 $4.32 Resolution 2001-08 (July 2001) Note: Water rates for rural customers have been established by OPWA Resolution to be 20% greater than in -city rates. The proposed rate increase to rural customers would be $.30 per 1000 gallons. Water and Refuse FY 2006--2007 Rate Increase Page 2 of 2 Proposed Resolutions No. 2006-05 and No.2006-06 approve rates established by OPWA for water and refuse service, respectively, to be effective on October 1, 2006. It is worth noting that the City of Owasso has undertaken a comprehensive review of fees for services provided including water, sewer and refuse. During FY 2006-2007, comprehensive water, sewer and refuse rate studies will be completed to establish a long-term rate structure that will assure the financial sustainability of the Utility. The objective of the studies would be to compile planning inforination — provided by the recently completed Master Plan documents — and .maintenance and/or replacement requirements of existing infrastructure to assure the long- term financial stability of the Utility at the lowest possible cost to our customers. Such studies would be the first of its kind performed by the City of Owasso and expected to be completed by December 2006. Following the completion of such study, it is anticipated that rates will be once again adjusted to better align the growing needs of our community with the financial requirements of the Utility. Such adjustment, if necessary, will be proposed for implementation no earlier than October 1, 2007. COMMENDATIONS Item 1: Staff intends to recommend Trustees approval of a proposed OPWA Resolution increasing rates for refuse collection service. Item 2: Staff intends to recommend Trustees approval of a proposed OPWA Resolution increasing rates for water service.