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HomeMy WebLinkAbout2005.08.09_City Council Agenda_Special11*'UBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Special DATE: August 9, 2005 TIME: 6:00 p.m. PLACE: Old Central, Council Chambers 109 N. Birch Notice and agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 4:00 PM on Friday, August 5, 2005. Jul,'/a'nn M. Stevens, Administ tive Assistant '�Ssis 1. Call to Order Mayor Thoendel 2. Discussion relating to Administrative Items Mr. Rooney Attachment #2 A. Right of Way Acquisition — 86 1h Street North Widening Project 1 Discussion relating to Community Development items Mr. Rooney Attachment #3 A. Annexation Requests (2) B. Zoning Requests(2) C. Final Plat Approval (2) D. Easement Closure(l) Owasso City Council August 9, 2005 Page 2 4. Discussion relating to Public Works Department Items Mr. Rooney Attachment #4 A. East 96"' St North & North 129th E Avenue home Depot Development Agreement change order and final payment B. East 96th St North & Hwy 169 Interchange acceptance and final payment C. Barnes Elementary School Seger Payback Agreement D. CDBG-ED Grant for rational Steals and Poultry facility improvements E. Supplemental Appropriation to the Capital Projects Grant Fund 5. Discussion relating to City Manager Items Mr. Ray Attachment #5 A. Briefing on Refuse Collection Issues B. Long Term Water Supply C. Briefing and Discussion relating to the Ward 4 Council appointment process D. Fuel Tax Initiative (State Question 723) E. Eminent Domain Ordinance 6. Adjournment S:\AgendisTouncil Work Session\2005\08009.doc i �x TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM. RODNEY J RAY CITY MANAGER SUBJECT- REQUEST FOR APPROVAL OF CONTRACT FOR THE PURCHASE OF EASEMENT FOR EAST 86" iu STREE I' NORTH WIDENING PROJECT INTRODUCTION. The issue presented for the Council's consideration is the matter of acceptance by Trail's End Development, Inc. of a conditional offer previously made by representatives of the City to acquire right-of-way that was necessary for the completion of the 86th Street Improvement project. The City Council is requested to ratify such offer, approve the purchase of the right-of-way, and authorize the payment of $351,642 to Trail's End Development, Inc. BACKGROUND: The East 861' Street North widening project included improvements to E. 86th Street North between N. 129th East Avenue and N. 145th East Avenue. The intersections at N. 1291h and N. 145th E. Avenues were completed prior to the project and were not a part of the E. 86th Street North project. Completion of the E. 86th Street North project was accomplished on June 15, 2004, and acceptance of the improvements made official on October 19, 2004 by the City Council. The cost of the completed project to date is $2,952,099. There remains one unresolved issue relating to the acquisition of the necessar�Lri hgt-of__ way for the project. As you may recall there were four tracts of land the city needed to acquire in order to complete the project; one belonging to the Owasso FFA Alumni Association, one belonging to the Owasso Public Schools, one belonging to KMO Properties and a final piece belonging to Noble Sokolosky. (All other rights -of --way had been previously acquired by platting.) A. review of the acquisition process indicates; the School was required, by statute, to donate their property and in this case did so; the FFA Alumni property was purchased by the City for the amount of $100,000; and, KMO donated the property they owned (they were close to platting and understood we would acquire the property at that point). The remaining tract, owned by Mr. Sokolosky was not acquired at the time the project was constructed, however a "right of entry" was negotiated to allow the property to be used for the project with the understanding that acquisition would be accomplished through ongoing negotiations. t-of- August 5, 2005 Page Two The reason for the delay in the purchase of the Sokolosky track was that the owner desired to "trade" the land needed for the E. 86t" ,Street North widening project for property the City owned adjacent to the ,Smith Farm Market development. That tract contains the city's existing water tower that provides _fire flow to the Owasso Market development and pressure stabilization for the entire Owasso water distribution system. The rapid growth of the City, and the belief that the existing tower was ineffective led the City staff to an initial projection that the tower could be removed and the land available for other uses (including a sale to a commercial user). Thus Mr. Sokolosky and the City were interested in determining if a "trade" of the property would yield a better and mutually advantageous acquisition result. There were, of course, other parties interested in acquiring the property and that gave the City a position of negotiating strength with Mr. Sokolosky. However, as negotiations continued and more analysis regarding the potential removal of the water tower was conducted, it was determined that this would no longer be a viable option for the City to explore. This was primarily due to the need for the existing tower to continue to supply water pressure to the lower service areas within the city and "fire flow to the Owasso Market due to unreliable volume and flow supplied by Washington County Rural Water District #3. As a result, negotiations with Mr. Sokolosky continued in the direction of the City purchasing a perpetual casement rather than a trade of property between the two parties. This negotiation process was recently completed between the City and Mr. Sokolosky and there was communicated a conditional offer to purchase a portion of the Right -Of - Way necessary for the project. The City requires 57,687 square feet of right-of-way for the project and has conditionally offered (requiring City Council approval as the only condition) an amount of $6 per square foot for the required 57,687 square feet of right-of- way in the form of a perpetual easement, for a total amount of $346,122. Additionally, the City agreed to undertake the demolition and removal of the wood framed barn located west of the driveway entrance, as well as the silo located west of the barn, both located immediately adjacent to the proposed right-of-way. The city further agreed to payment in the amount of $5,520 for the removal and replacement of fencing that was demolished and removed as a result of the widening project. The total amount of the proposed contract is $351 642. A copy of the contract is attached for your information and review. It should be noted however, that in addition to the contract amount an additional estimated $10,000 could be required for the demolition and removal of the two structures. 86t" Street Right -of -Way August 0f - Page It should be noted that discussions were held concerning the nature of the interest in the real property needed by the City for the project. Specifically, the issue of whether the City needed "fee simple" title to the tract or instead a "perpetual easement with the interest in the land being terminable upon a cessation of the public road use. Further, language for the inclusion for future utility location use can be included without changing the character of the conveyance. Additionally, the granting of a perpetual easement as opposed to a fee simple conveyance would potentially provide present tax advantage as well as future development possibilities to the landowner. Accordingly, a perpetual easement drafted to the fullest extent to provide the City with its present and future needs while allowing the fee simple title to remain with the landowner was, as it has been in other acquisitions, determined as a workable and viable solution. RECOMMENDATION: Staff is prepared to recommend Council ratification of the conditional offer, approve the purchase of the right-of-way in the manner stated above, and authorize the payment of $351,642 to hail's End Development, Inc for the right-of-way approval and authorization of the Mayor to execute the contract at the August 16, 2005 regular meeting of the City Council. ATTACHMENTS: 1. Proposed contract between Trail's End Development and the City of Owasso. 2. Statement of Just Compensation 3. Deed of Dedication THIS AGREEMENT, by and between the Trail's End Development, Incorporated, hereinafter referred to as Seller, and the City of Owasso, Oklahoma, a municipal corporation, hereinafter referred to as City. WITNESSTH That for and in consideration of the sum of Three Hundred Forty Six 'Thousand, One Hundred Twenty Two and 00/100 Dollars ($346,122.00) to be paid by the City to the order of Seller, as hereinafter provided, the parties have agreed as follows: 1. SALE. Seller will sell, transfer and convey to the City, by good and sufficient Conveyance of Perpetual Easement, a perpetual easement for the exclusive use and enjoyment to the public, in the following described real property in. Owasso, Tulsa County, State of Oklahoma, to -wit: A part of the Northwest Quarter (NW/4) of the Northeast (quarter (NE/4) of Section 28, Township 21 North, Range 14 East, Indian Meridian, Tulsa County, Oklahoma, more particularly described as follows: The South 43.50 feet of the North 60.00 feet of said northwest Quarter of the northeast Quarter, containing 57,686.655 square feet. (See Exhibit "A" attached hereto.) 2. CLOSING. At the time set for closing, Seller shall execute, acknowledge and deliver to City a good and sufficient Conveyance of Perpetual Easement, conveying to the City a perpetual easement in said property. A. Employees, agents or contractors representing the City of Owasso and /or the Owasso Public Works Authority shall be responsible for the demolition and removal of the following structures, to wit: The wood frame structure (barn), located west of the driveway entry, and the silo located west of the barn (as seen in Exhibit "B" attached hereto). B. The payment in the amount of Five Thousand Five hundred and Twenty Dollars ($5,520) for removal and replacement of fencing. IN WITNESS WHEREOF, the parties have executed this Contract at Owasso, Oklahoma, this day of August, 2005. Attest: Sherry Bishop, City Clerk m Trail's End Development, Incorporated Noble Sokol®sky I A tract of land in part of the Northwest Quarter (NET/4) of the Northeast Quarter (NE/4) of Section 28, Township 21 North, Range 14 East, Indian Meridian, Tulsa County, Oklahoma, more particularly described as follows: The South 43.50 feet of the North 60.00 feet of said northwest Quarter of the northeast Quarter, containing 57,686.655 square feet. Driveway entry and barn. The barn is used for keeping sheep, and it is located partially in the new right-of-way. The silo just west of the barn is outside of the new right- of-way line. 4 �' �• t�, _ t�� _, 1; t s OWNER. TRAIL'S END DEVELOPMENT, INC JOB 86TH ST NORTH WIDENING PROJECT COUNTY TULSA FAIR MARKET VALVE offer of parcels) to be purchased, ------- $3 51, 64 -- FAIR MARKET VALUE offer of parcel(s) to be purchased: $346 122 of which -5,520 is damage to property not purchased. Documents detailing the location of the parcel(s) and the interest(s) to be purchased in land is attached. The following buildings/improvements which are located on the parcel(s) to be purchased include: Any and all items considered to be fixtures located in the building/improvements are to be purchased unless otherwise noted on this statement. No personal property is to be purchased. DO NOT HESITATE TO CONTACT YOUR ACQUISITION AGEN IN THE EVENT YOU NEED ANY CLARIFICATION AS TO WHAT IS AND IS NOT SPECIFICALLY BEING PURCHASED. The following items are considered as damaged and include: FENCING (new right of way only) No Fence Acquiring Agency to Construct Owner compensated to Relocate Remarks: T IL'S END DEVELOPMENT, EN` , INCORPORATED, the undersigned, being the sole owner of all legal and equitable interests in the following described property: See Attached Exhibit A, DOES HEREBY DEDICATE TO THE PUBLIC, a perpetual easement, for the exclusive use and enjoyment of the Public, to construct, locate, maintain, operate, repair and replace thereon a public road together with right of way appurtenant thereto as well as all equipment, facilities, and improvements convenient, incident and/or necessary to enjoyment by the Public of said public road, including, but not limited to, the construction, location, maintenance, operation, repair and replacement of public utilities, across, in, on, over, and through the described portion as set forth in Exhibit A, TO HAVE AND HOLD said exclusive easement unto said Public forever. SIGNED AND DELIVERED this _ day of August, 2005. Noble Sokolosky, President State of Oklahoma County of Tulsa Before me, the undersigned, a Notary Public in and for the State of Oklahoma, personally appeared Noble Sokolosky, known to me to be such person, who on the day of August, 2005, executed and acknowledged the foregoing Deed of Dedication for the uses and purposes therein stated. My commission expires: Notary Public Commission 4 Accepted by the City of Owasso, Oklahoma, this ____ clay of August, 2005, Attest: Sherry Bishop, City Clerk Cram Thoendel, Mayor TRACT: A tract of land in part of the Northwest Quarter (NW/4) of the Northeast Quarter (NE/4.) of Section 28, Township 21 North, Lange 14 East, Indian Meridian, Tulsa County, Oklahoma, more particularly described as follows: The South 43.50 feet of the Forth 60.00 feet of said northwest Quarter of the northeast Quarter, containing 57,686.655 square feet. N TO.- THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: CHIP MCCULILEY CITY PLANNER SUBJECT.- ANNEXATION — (OA-00-04) DA'rE. August 5,2005 &ACKGROUND The City of Owasso has received a request from Michael Loffer for the annexation of approximately 40 acres. At this time it is our understanding the applicant is requesting this HEARING DATE: Pl7mline, Commission.- Jst 8- 2005 LOCATION The property is located on the northeast corner of E. 106' St. N. and N 129' E. Ave. A general area map has been attached for your review. EXIST L-91MG-L&ND VS A Undeveloped / Large Lot Residential S,URROU1'4DIN G le -AND USE' North: Agriculture South: Large Lot Residential East: Rejoice Christian School West: Large Lot Residential SURROUNDING ZONJING North: AG (Agriculture District) — Tulsa County South: AG (Agriculture District) — Tulsa County East: AG (Agriculture District) — Tulsa County West: AG (Agriculture District) — Tulsa County The second step in the development of a piece of property in Owasso is rezoning. When a property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. The third step in the development of a piece of property in Owasso is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or casements are broualit op at theprelimin to development. The fourth step in the development of a piece of commercial property in Owasso is the Site Plan. Site plans are reviewed by the TAC and Planning Commission. Issues such as building setbacks, parking, detention, access, landscaping, and building footprint are presented in the site plan. Once a site plan is approved, the development is clear to apply for a building permit and to submit construction plans for the building's foundation, plumbing, electrical system, and HVAC. �QN R �F- �WP �QC E �SS The annexation process is initiated when a property owner submits a petition to the City of Owasso requesting that the City bring the property into the City limits. The applicant must submit as part of the request a signed petition requesting the annexation, an accurate legal description and map of the property being requested for annexation and a certified 300' radius report so that staff may send legal notices to surrounding property owners. Upon receipt of all appropriate materials the staff initiates the review process which begins with a thorough analysis of the request. The primary consideration is the property's compliance with the Owasso Annexation Policy. The policy establishes a set of guidelines that define which properties are considered for annexation. The annexation request is then presented to the Owasso Annexation Committee for review and recommendation. The Annexation Committee is made up of staff, elected officials and citizens. The Committee reviews the petition for compliance with the Annexation Policy and establishes a recommendation to the Owasso Planning Commission. The Owasso Planning Commission holds a public hearing to determine if the property *, compliant with the Owasso Annexation Policy and establishes a recommendation to the Owass* City Council. The Owasso City Council will make the final determination to annex the property or refuse annexation. If the property is annexed into the City limits an ordinance officially declaring the annexation is written and adopted by the City Council. Once adopted the ordinance is circulated to appropriate regional and national agencies for recording and altering maps. CONSEDERATIONS OF AN ANNEXATION The following annexation policy for the City of Owasso is provided -as a idefine and should not be constructed as inflexible requii-ements for annexation. ANALY &1� Staff received a petition from Micheal Loffer, requesting the City to annex approximately 40 acres of property. At this time it is our understanding the applicant is requesting this annexation petition in order to begin a process that will result in the development of commercial property. If the property is annexed into the City the applicant will be required to follow normal development procedures which would include rezoning, preliminary and final plat review, and site plan review. If annexed, any development proposed for the property would be required to meet the Owasso Zoning Code and the Owasso Subdivision Regulations and any appropriate site engineering standards as proscribed by 'Public Works including but not limited to paved streets and sidewalks. The property would be served water and sewer by the City of Owasso. The Owasso 2015 Land Use Master Plan calls for residential development on the subject property. In regards to the Owasso Annexation Policy the request is larger than 20 acres and contiguous to existing City limits. No public infrastructure or development currently exists on the property, all public improvements will be made by the developer. If annexed, the subject property will acquire an ACT (Agricultural District) zoning designation. Staff published legal notice of the annexation petition in the Owasso Reporter and letters of notification were mailed to property owners within a 300' radius. To this date staff has received no phone calls or correspondence in opposition of the request. At their July 27, 2005 meeting the Owasso Annexation Committee unanimously recommended approval of OA 05-04, RECOMMENDATION 0,U_0A Staff planst-0 recommend approval of OA d " 2. Applicants Annexation Petition 3. Legal Notice Owasso Community Development Department. 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www. city ofowasso. com City of Owasso P. 0. Box 180 Owasso, Ok 74055 To Whom It May Concern, This letter serves as a written request to the City of Owasso, Tulsa County, State of Oklahoma, to annex the following property located in Tulsa County, State of Oklahoma into the City of Owasso, to -wit. Requested by owner/s of record: Michael R. Loffer fflmzfiffl�� �42 M The foregoing instrument was acknowledged before me this —day of , 2005, by Michael R. Loffer, Notary Public My Commission Expires: City of Owasso 180 Owasso, Ok 74055 This letter serves as a written request to the City of Owasso, Tulsa County, State of Oklahoma, to annex the following properly located in Tulsa County, State of Oklahoma into the City of Owasso, to -wit: The East 357.00' of the South 330.00' of the Southwest Quarter (SW/4) of the Southwest Quarter (SW/4), of Section 9, Township 21 North, Range 14 East, Tulsa County, State of Oklahoma, according to the Government Survey thereof, containing 2.7 acres more or less, AXA 13227 East 106 Ih Street North. MIM 1=06 Janet A. Loffer STATE OF OKLAHOMA ss. COUNTY OF TULSA The foregoing instrument was acknowledged before me this _day of 1 2005, by Larry T. Loffer. Im. The foregoing instrument was acknowledged before me this —day of , 2005, by Janet A. Loffer. 3 NOTICE TO TIIE PUBLIC OF A HEARING ON A PROPOSED ANNEXATION TO THE CITY OF OWASSO, OKLAHOMA 4 - �' i I ME Notice is hereby given that a public hearing will be held by the Owasso Planning Comn-iissioii, at Old Central, 109 N. Birch, at 7:00 P.M. August 8th, 2005, At the hearing, consideration will The Southwest quarter (J SVV/4' of the Southwest quarter (SW/4), of Section 9, Township 21 North, Range 14 East, Tulsa County, State of Oklahoma, according to the Government Survey thereof, containing 34.8 acres in size, To be considered is an annexation of property approximately 40 acres in size, located on the northeast corner of E. 106'h St N. and N. 129"E. Ave. All persons interested in this matter may be present at the hearing and present their objections to or arguments for any or all of the above matters. In the event that such proposed rezoning is approved, in whole or in part, by the Owasso Planning Commission, the Planning Commission shall submit its recommendation to the City Council of the City of Owasso for its consideration and action, as provided by law. For more, information on the proposed rezoning contact the Owasso City Planner, City FIall, I I I N. Main Street, Owasso, Oklahoma 74055, or phone (918) 376-1543. Chip McCulley City Planner TO: THE HONORABLE MAYOR AND COUNCILL CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER SUBJECT: ANNEXATION — (OA-05-05) DATE: August 5,2005 HAQWROUND The City of Owasso has received a request from Calvin Swindel for the annexation of approximately 40 acres. At this time it is our understariding the applicant is requesting this annexation petition in order to begin a process that will result in the development of residential property. HEARING DATE: P17.nnina Commission: A , st 8- 2005 LOCATION The property is located on the cast side of N. 145"' E. Ave, approximately 1/2mile north of E. 106th St. N. A general area map has been attached for your review. W,-Aw'6j%V11e xneL%j, North: Agriculture South: Residential East: Residential West: Residential ERESENT ZQNIN_q AG (Agriculture District) — Tulsa County MR&OUNDING ZOMG North: AG (Agriculture District) — Tulsa County South: RS-3 (Residential Single -Family) East: RS (Residential) — Tulsa County West: RS-3 (Residential Single -Family) The second step in the development of a piece of property in Owasso is rezoning. When a property is annexed into Owasso, by 11ww it must come in classified for AG Agricultural use, In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industiial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. ANNEXATION REVIEW PROCESS The annexation process is initiated when a property owner submits a petition to the City of Owasso requesting that the City bring the property into the City limits. The applicant must submit as part of the request a signed petition requesting the annexation, an accurate legal description and map of the property being requested for annexation and a certified 300' radius report so that staff may send legal notices to surrounding property owners. Upon receipt of all appropriate materials the staff initiates the review process which begins with a thorough analysis of the request, The primary consideration is the property's compliance with the Owasso Annexation Policy. The policy establishes a set of guidelines that define which properties are considered for annexation. The annexation request is then presented to the Owasso Annexation Committee for review and recommendation. The Annexation Committee is made up of staff, elected officials and citizens. The Committee reviews the petition for compliance with the Annexation Policy and establishes a recommendation to the Owasso Planning Commission. The Owasso Planning Commission holds a public hearing to determine if the property is compliant with the Owasso Annexation Policy and establishes a recommendation to the Owasso City Council. The Owasso City Council will make the final determination to annex the property or refuse annexation. If the property is annexed into the City limits an ordinance officially declaring the annexation is written and adopted by the City Council. Once adopted the ordinance is circulated to appropriate regional and national agencies for recording and altering maps, CONSIDERATIONS OF AN ANNEXATION The following annexation policy for the City of Owasso is provided as a guideline and should not be constructed as inflexible requirements for annexation. AN&M-Mis Staff received a petition from Calvin Swindel, requesting the City to annex approximately 40 acres of pr♦operty, At this time it is our understanding the applicant is requesting this annexation petition in order to begin a process that will result in the development of residential property. If the property is annexed into the City the applicant will be required to follow normal development procedures which would include rezoning, preliminary and final plat review. If annexed, any development proposed for the property would be required to meet the Owasso Zoning Code and the Owasso Subdivision Regulations and any appropriate site engineering standards as proscribed by Public Works including but not limited to paved streets and sidewalks. The property would be served water by Washington Rural Water District #3 and sewer by the City of Owasso. The Owasso 2015 Land Use Master Plan calls for residential development on the subject property. In regards to the Owasso Annexation Policy the request is larger than 20 acres and contiguous to existing City limits. No public infrastructure or development currently exists on the property; all public improvements will be made by the developer. If annexed, the subject property will acquire an AG (Agricultural District) zoning designation. Staff published legal notice of the annexation petition in the Owasso Reporter and letters of notification were mailed to property owners within a 300' radius. To this date staff has received no phone calls or correspondence in opposition of the request. OWASSO ANNEXAUON COMMITTEE At their July 27, 2005 meeting the Owasso Annexation Committee unanimously recommended approval of OA 05-05. RZC-,OMMENPATI M I Si&F-gla,t -ieud jMUroval *f Ok I . General Area Map 2. Applicants Annexation Petition 3. Legal Notice \, Owasso Community Development Department 111 N. Main St. Owasso, OIL 74055 918.376.1500 918.376.1597 www.cityofowasso.com TION FOR AT,-R1 -1 Enc Wilos Com-n-mMity Development Director I I I North Main Owasso, Ok 7405.5 Dear Mr. Wiles, WC Luldursigned beingy tile ovim"'rs, of the Property in: The Soud-vA,--e,,.A quarter of the Northwu,:A quarter (SVk7/4 NW/4) 01-',Soclion Ton (10), Twenty-one (21) Nord?- Range Coui-tooi). '14) East of the hiciiiin Base and IvIcridian, According to the U.S. govcnu ncj.j[ thereof, Situated in Igo r geCounty, 0 Survey idahonia Hereby request the aimexxtion of the described property into the City of Callviln NjlWor Swindc-IL Trustee Date Owner (?fa //8 Iffld* II.Videdilit-"i-Ist in the tlescribed property 1wss"'Fract and "Tract B" (Sec enclosure') --7 C. '14w, Universaly of'Talsa 'Datc 0,0111C.I• of a 1/18"" undividod 1-fiterest 41 Ilie described propcqy less "'I'Tact A" and "Tract B" Dee Aan Thoilipson. Owner of -Tract A" ar-id -TradtB "Tra-m A" and "Traa 1) Dat YVIVJR�JCT-4/7' J THE CITY OF OWASSO, OIKLAHOMA Notice is hereby given that a public hearing will be held by the Owasso Planning Commission, at Old Central, 109 N. Birch, at 7:00 P.M. August 8, 2005. At the h&-tring, consideration will be given to the proposed change of the zoning classification of the fall ov6rig described property: T h1, e. Southwest quarter of the Northwest quarter (SW/4 NW/4) OF Section Ten (10), Township Twenty -One (2 1) North, R—ange Fourteen (14) East of the Indian Base and Meridian, According to the U.S. government Survey thereof', Situated in Rogers County, Oklahoma. To be considered is an annexation of property approximately 40 acres in size, located the east side of N 1450'E. AVE, approximately 112, mile North of E, 106 1h StN. All persons interested in this matter may be present at the hearing and present th objections to or arguments for any or all of the, above matters. In the event that such proposed rezoning is approved, in whole or in part, by the Owas w Planning Commission, the Planning Commission shall submit its recommendation to City Council of the City of Owasso for its consideration and action, as provided by law. For more information on the proposed rezoning contact the Owasso City Planner, CA Hall, I I I N. Main Street, Owasso, Oklahoma 74055, or phone (918) 376-1543. 1i Chip McCulley City Planner TO: THE HONORABLE MAYOR AND COUNCH, CITY OF 0W_IO FROM: CHIP MCCULLEY CITY PLANNER CT® 0Z 0.15-05 DATE: August 5, 2005 AAQLqRQUND The City of Owasso has received a request to review and approve the rezoning of approximately 0. 3 5 acres from RM- I (Residential Multi -Family) to OF (Light Office). LOCATION The property is located on the southwest comer of Birch and E. I" St. N. A general area map has been attached for your review. MIAN-5101,111"I'VIR C11- J1. IMM-MIM11M. SURROUNDING LAND USE North: City of Owasso, Old Central South: Sunny Patch Kids -Child Care East: Residential West: Residenti?.l PRESENIAONING ®1 (Residential Multi -Family) SURROUNDING ZQNING North: OL (Light Office) South: RM-1 (Residential Multi -Family) East: RM- I (Residential Multi -Family) West: CH (Commercial) DEiTELOPMENT PROCESS: The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the City limits is made a part of the City. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police and fire protection, refuse collection, and sanitary sewer. 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. Another form of property division that can be considered in some cases is a lot split. Lot splits are minor subdivisions of property into three or fewer tracts, and do not provide for any new public streets. Typically, this is an appropriate option for a land owner who wishes to take large undeveloped parcels of land and divide it into two or three smaller tracts. The fourth step in the development of a piece of property in Owasso is the site plan. Site plans are reviewed by the TAC and Planning Commission. Issues such as building setbacks, parking, access, landscaping, and building footprint are presented in the site plan. Once a site plan is approved, the development is clear to apply for a building permit and to submit construction plans for the building's foundation, plumbing, electrical system, and HVAC. ANALYSIS The City of Owasso has received a request to review and approve the rezoning of approximately 0.35 acres from ®1 (Residential Multi -Family) to OL (Light Office). At this time it is our understanding the applicant is requesting this rezoning in order to facilitate a law office on the subject property. The request complies with both the Owasso Downtown Development Plan as well as the 2015 Land Use Plan, as both plans call for commercial development of the subject property. Staff published legal notice of the Rezoning request in the Owasso Reporter and letters of notification were mailed to property owners within a 300' radius. RECOMMENDATION Staff plans to recommend approval of OZ 05-05. ATTACH -ANTS: FTIoneral Area Maps 2, Rezoning Application 3. Legal Notice i Owasso Community Development Department 111 N. Main St. Owasso, OIL 74055 918.376.1500 918.376.1597 www. city ofowasso. com. W 1.0 7"F" m ,4iLY 11, 2005 Oza - u P.O. BOX 180 OWASSO, OKLAHOMA 74055 (918) 272-2251 FAX (918) 272-4997 GENERAL LOCATION PRESENT ZONING • PRES NT IJ�EIt��{ C, PROPOSED ZONING PROPOSED IJSE C LEGAL, DESCRIPTION OF LAND UNDER APPLICATION (If by metes and bounds, attach plat of survey) and Address of Record OwnerD-<�, UL '7J Qa As applicant, what is your interest in this prope ? Name of person to be illed �publication Phone ]Present Owner ]Agent for Owner j,C� j urchaser ®Other Mailing Addre Attorney for Owner ) ,/., I , ,, P, /) I DO HEREBY CERTIFY THAT THE INFORMATION SUBMITTED IS COMPLETE, TRUE AND ACCURATE RE 1 I IDA Please submit the completed application form and application fee along with a Certified 300' Radius Report (available from an Abstract Company) to the Owasso City Planner on or before the Planning Commission submittal deadline as shown on the official City of Owasso calendar. The applicant and/or the applicant's consultant should attend the Planning Commission meetings at which the Supplemental Zoning will be reviewed, Fee Schedule P��WS Qe_P()(4 O- 0.99 acres $75 v, > be. , p- v � 1- 4.99 acres 100 �o j 5-19.99 acres 150 20 + acres 200 SUBMITTAL DATE FEE RECEIPT NUMBER OPC MEETING DA APPROVED Notice is hereby given that a public hearing will be held by the Owasso Planning Commission, at Old Central, 109 N. Birch, at 7:00 P.M. August 8, 2005. At the hearing, consideration will be given to the proposed change of the zoning classification of the following described property as W 3, Blocis 16, Owasso O iginal Town To be considered is a. rezoning of property approximately .35 acres in size, located on the Southwest corner of E. lst St. N and Birch. All persons interested in this utter may be present at the hearing; and present their objections to or arguments for any or all of the above matters. rn the event that such proposed rezoningo PlanningCommission, n ng Commission shall o' to Al City Council of the City of Owasso for its consideration and action, as provided For more , proposed o, contact the Owasso Main Street, Owasso, Oklahoma 74055, or phone (918) 376-1543. Dated at Qwgsso, Oklahoma, this 8 'slay of May, 2005 Y. p McCulley City planner TO. THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM CHIP MCCULLEY CITY PLANNER SUBJECT: 07,05-06 DATE: August 5, 2005 smaat �p The City of Owasso has received a request to review and approve the rezoning of approximately 40 acres from AG (Agriculture District) to CS (Commercial Shopping District). LOCATION The property is located on the southwest comer of the Owasso Expressway and E. I I e St. N. A general area map has been attached for your review. Undeveloped North: Undeveloped East: Owasso Expressway West: Residential MSENLZ,O&IFG AG (Agriculture District) &URROUNDING ZONING North: AG (Agriculture District) South: AG (Agriculture District) East: CS (Commercial Shopping) West: RS-3 (Residential Single -Family) DEVELOPMENT PROCESS: The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the City limits is made a part of the City. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police and fire protection, refuse collection, and sanitary sewer. The fourth step in the development of a piece of property in Owasso is the site plan, Site plans are reviewed by the TAC and Planning Commission. Issues such as building setbacks, parking, access, landscaping, and building footprint are presented in the site plan. Once a site plan is approved, the development is clear to apply for a building permit and to submit construction plans for the building's foundation, plumbing, electrical system, and HVAC. ANALYSIS The City of Owasso has received a request to review and approve the rezoning of approximately 40 acres from AG (Agriculture District) to CS (Commercial Shopping District). The request is consistent with the Owasso Land Use Master Plan. The requested designation is compatible with surrounding property as parcels to the east across the Owasso Expressway arc zoned CS (Commercial Shopping) as well. Letters were mailed to surrounding property owners and the legal advertisement was published in the Owasso Reporter. Staff has received no phone calls or correspondence from the public in regard to the request. A copy of the legal notice is attached for your information and review. Ef the zoning request is approved, the land will still have to be platted in accordance with - municipal regulations in order for any future development to occur. Signcant developmew, would be subject to a site plan review, and the proposed development would have to meet th* City's requirements, ATTACHAHNTS.- I A . General Area Maps 2. Rezoning Application 3, Legal Notice Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com CITY OF OWASSO P.O. BOX 130 OWASSO, OKLAHOMA 74055 (918) 272-2251 FAX (918) 272-4997 GENERAL LOCATION 'MAV jj& ff WM PRESENT ZONING___&C,�_ PROPOSED ZONING_jr,--�..___ REZONING APPLICATION II Gp I"_ 6TKWT N 0 rTH PRESENT USE — PROPOSED USE__Mg[hd�:��� LEGAL DESCRIPTION OF LAND UNDER APPLICATION (If by metes and bounds, attach plat of survey) -Name and- Address of Record Owner. �� - I . Address or General Location of Subject Property bW 600 OtAt!��A��l �WIISV�CCINVAW� CW'M8V worr- 11 0 " v �= � ' 4'juv As applicant, what is your intepest in this property? Name of person to be billed for publication Phone [Present Owner 1kf gent for Owner. RO -0 []Purchaser rother Mailing Address ®Attorney for Owner 461 VV, 2NP AVe7.__, OWAS50,0r- 71-OS,5 I DO HEREBY CERTIFY THAT THE INFORNIATION HEREIN SUBMITTED IS COMPLETE, TRUE AND ACCURATE Please submit the completed application form and application fee along with a Certified 300'Radius Report (available from an Abstract Company) to the Owasso City Planner on or before the Planning Commission submittal deadline as shown on the official City of Owasso calendar. The applicant and/or the applicants consultant should attend the Planning Commission meetings at which the Supplemental Zoning will be reviewed. Fee Schedule 0- 0.99 acres $75 1- 4.99 acres 100 5-19.99 acres 150 20 + acres 200 SUBMITTAL DATE FEE RECEIPT NUMBE R 14 E E 116th STRM NORTH T 29 F- 106th STREET NORTH LQQ&TLQU-MAP- Ld Ld F— U) Ld CY) Cif 0 2: (N 0 200 400 600 GARRETT CREEK CENTER PHASE 2 ZONING MAP (CS ZONING) 11 6th STREET NORTH WSW 2 7715I5° R L lam 4-- lmw CS w4xw glor 0. Ift4f TO L-U24 V, . sm"'Vin 'TW PAB. W41'" REMAIN T 2OW 0 30V L 7&78 122"2! 0 S5XW42E 03W51. mar E R 2a0e T 39A' 7&7 7' M1.49641L 48'MCW T 101" t 85-W L - 11M V.M83*43'33'E R g 2-,O.W 29S.'lW T_ W-W ll&W 1281215'E N 48'31.45" E 0) A24'52 011ce-W w &751 T - MON 20am RS-3 W~WE TO Ld REMAIN I-- AG TO CS DeShaz®, Tang & Associates, Inc.---J VAT xt NEW X I AT N TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B.& M., TULSA COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: The applicant is requesting that 40 acres be rezoned from AG (Agriculture District) to CS (Commercial Shopping). Located on the Southwest comer of Highway 169 and E. 116'h St N. All persons interested in this matter may be present at the hearing and present their objections to or arguments for any or all of the above matters. In the event that such proposed rezoning is approved, in whole or in part, by the Owasso Planning Commission, said Planning Commission shall submit its recommendation to the City Council of the City of Owasso for its consideration and action, as provided by law. For more information on the proposed rezoning contact the Owasso City Planner, City Hall, I I I N. Main Street, Owasso, Oklahoma 74055, or phone (918) 376-1543. Dated Oklahoma, this 8h day of July, 2005. Chip,McCulley City Planner jTA' 17 '11� TO. THE HONORABLE MAYOR AND COUNCIL CfrY OF OWASSO FROM: CHtp MCCI)LLEY CrrY PLANNER SUBJECT: FINAL PLAT (Lake Valley) DATE: August 5, 2005 AACKgfflm Tulsa Engineering and Planning has submitted an application to the Planning Commission for tivo approval of a final plat proposing I 10 residential lots, on approximately 3 6.56 acres of property zoned RS-3 (Residential Single-Fan-fily) MEARIN_Cy DATE: Planning Commission: August 8, 2005 LOCATION The property is located on the northeast comer of E. 106t" St. N and N. 145tb E Ave. A general area map has been attached for your review, Undeveloped SURROUNDING LAND USE North: Undeveloped/Agricultural South: Undeveloped East: Developing as Lake Valley 11 West: Residential The Coffee Creek development area is located to the southwest and the Chelsea Park residential subdivision is located just to the northwest. SURROUNDING ZONING North: AG (Agricultural District) — Rogers County South: OPUD 0 1 -03 (Commercial General)/AG (Agricultural District) — Rogers County East: OPUD 01 -03 Lake Valley (Residential District) West: AG (Agricultural District) — City of Owasso/Tulsa County DEVELOPMENT PROCESS: The four primary steps in the development of commercial property in Owasso include annexation, zoning, platting, and site planning. ANA-LYSIS The applicant is requesting the review and - approval of the- Lake Valley final plat proposing I 10 residential lots, on approximately 36.56 acres of property. The property is zoned OPUD 01-03 with an underlying zoning designation of RS-3 (Residential Single Family District). The PLJD outlines the development standards for the property in a residential manner. The proposed layout for residential uses in the plat is allowed by right according to the zoning designation and is consistent with the approved Planned Unit Development. 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 casements are established throughout the proposed addition so as to adequately accommodate utility services. Regional detention has been effectively addressed with the establishment of a detention facility located in the southern portion of the addition. The Final Plat lies within the Tulsa Technology Center Interceptor Area; therefore the developer is responsible for a payback of $1000 an acre at the time the plat is signed. The Lake Valley 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. 11551'Italtol fir. a.mmular,111 s gem The Owasso Technical Advisory Committee reviewed the final plat at the July 27, 2005 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 reconi-nendations were addressed; 1. Applicant must indicate utility casements by Book and Page. 2. Applicant must indicate remove section 13 of the Water and Sewer Covenants. 3. Applicant must coordinate fire hydrants with Fire Marshal. 4. Appliewit must indicate a continuation of a 15 utility casement along Reserve C. I -11-MI RIT"11 I ATTACHMENTS 1. Case map 2. Site drawing submitted by applicant 0 Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com M , I .1° 1. J Q FEW Plat No. OPUD 01 -03 Lake'VaLle An addition to the City of Owasso, being a subdivision of a part of the SW/4 of Section 10, Township 21 North, Range 14 East, Rogers County, State of Oklahoma T 21 N OWNER/DEVELOPER Lake Valley Investment Group, LL.C, Kounis Properly Management Inc. Pma K--6, P-k� P.O. � 240 C-- Or— Mss 91& 3m ENGINEER/ SURVEYOR Tulsa Engines" & Planning Associates, Inc. Td- Q� 74133 918.252-I92t .......... . ........... Lake V sh� LAKE VALLEY DEED OF DEDICATION; CERTAIN RESTRICTIONS Lake Valey I mesimnnt Group, L.L.C., an OMeheme limited gabgiry company (the'Dvvl Is the sets amen of the following described real estate situated In the Cry of Owasso (IM'CNy ), Rogers County, Oklahoma; A lnW of land located m the4W/A of Bastian 10, T41.N, R•14-Bof the Indlen Meridian, Rogers Ceuny. Share of Oklaoma, sameneg to the Official U S, Government Survey thereof, being more panlculmrydescrbed as forawet Comment" 11-M Ins Srnnhweat camerofSectbn 10, T-21-N,R-14.E of the Indian Meridian; Thence N O Pail' W along the West M, of eo SW/4 of Section 10 e effstance of 853.00 felt to the "Poles of Segimrg"; Thence renHnuhg N OP071W W a" the West fan of the SW/4 of Section 10 a distance o11785.68 rant ha the West Orearml tom n of Section 10; Thence S 8750'2M E along the North line Of IV SW/4 of Section 10 a dlatanse of 901.32 feet; Than. S 00m cdW a estante el IM.85 feel; Than. S 63-01-16- W a disl¢nce of 456.39 feel; Thelas S IM'37' W a dislartSe of 84.93 feet; Thad. S 00"037v W a dlsueroe o417025 feet Thence S 16"4257' E a distance of 138.24 fees; Thence S 44'2Z55- E a distance of 171.13 feet; Thence S 1525'04' E A distance of 121M flat to anon tangent curve to Iho right: Thence along S not-18ngenl curve to Me right Win an initial long"' bpfirg of N 749 56-E, acentral angle o45125'0(r, a mdlus of 750,00 Iceland an ant length of 70.90 feet; Than. S 06'041)T E a distance of 294.31 fee; Thence S 411e32' W . dlel.n. of 109.00 seat; Them. S 42"41'28- E a dislan. of 260.07 feet Thence S 00.00'26' W a distance of 157.97 hem; Thence S 59' OW W a d erance of 189.42 feel; Thence S 482344' W a disl¢nce of 134.Sl feet; Thence S 23'48!i8" E a distance of 335.04 fast 10 a tangent curve to nee right; Thence along a tangent tend to Me right with a cannel angle of 90'D0'OP, S radus of 75.00 foot and an are longih of 117.81 feet; Then. S 66-11'42- W a distance of30.88 fact; Then. S 23'401W E s dsiance of ISSAS feet; Thmce S 23"04'14' W a ardance.1203.69 fast to a point that Is 50.00 feet measured pmpendiculer from Iles Sours line o/ the SW/4 of Section 10; Thee. S 0OW28' W and pegFbmff W as the Seem tine at the SW/9 of Section 10 a distance .150.00 feat to the South nne of the SW/4 al Section 10; Thadso, N W59'34" W along Me South Ana of the SW/4 Of Section 10 a distance of 208.18 fact In a Will that is 412.59 feel from me Southwest nn acfSmllon 10m manure dalong theSoUth Meal the SW/4 of Socrom to: Thence N 009026' E and per mnNculn to the South Una of the SW/4 of Section 10 a distance of 50,001mt Thanse N 23'4518' W a distance of 877,93 feet to a point that Is 6000 fact measu d Purpmdkular from the West ana of the SW/4 of Section 10; Thom. S ST!ifi 5• W and Palsome utar to ere West fine of the SW/4 al Section 10 a distance of 60,00 feet IS the 'Point of Begbning'. Said tract -tells 1,592,451 squaw fact or 36.5578 Saes. The non-ashonomb beedngs for Said tract are based an an seaumed beadngo1N00'OTOTWalong the West lino of the SW/4 of Section 10. T-21- C. The foregafrg camlents set forth In MIS pa igmph shall be D. Other Bunk And Aran Require=tints E-pt as above mod ffad at IN WITNESS WHEREOF, Later Valley tmentmmnt Group, LL.O, an W.R-14-E of the Indian Meridian, Rogers County, State of Oklahoma, onforcetblobythesuppllerof Ma gmserviceandlhoownatofr. lot agrees to ba bound hereby, omenNca a.ltoas,n OPUD 030 S, Let ones compyw,Yh me burK Oklahoma ff ftdladlry canpary, lulbyapprnno old ememaslha fau}dn acomdhg to the Of eW U.S. Government SUN" thereof. entlaroarequhommkalthe R-3ResldentlmlSMg(o Famlry DlnMct as sot=within Me Owasso Zoning i Oaod of Oedcallm We _ day el The Developer has -ad Me above dosehad tract to be engineered, 4. WATER AND SEWER SERVCE, Ordirt... E. Ran- Arens, LOW Vdey hvammmt Glaq, LLC., an Oklahoma limited IWd1fry-P w aurvare, staked and planed Into late, blacks, Shells and reserve aroas in A. The owner of the fat shall be reaponslbin for the protedlan at Me canformlWo The accompanying platand surveylhereal, which plat is made hereof public water and sewer mains labeled upon and serving the 1. R.Sene"A", asdaslgnatodanihepf¢l,le herabyaWth.d bythe Rod (the PIm7, and has caused the same to be named LAKE VALLEY, a subd"I.. In the City of Owasso, Rogers County, State of Property. Davabpm(orpooslbielatarcomaysrsa;nthsDevmlopor'saOle de Kounts, Manager 0NI4homN (the rRIJIS I.Ifin'j, A. WillIn to UIINy aorcmont Afaag deelolod on the noaomparynp c4screpon,MMaRssoMnbn vathsrihirtl payfethe purpose of pfavIdIng gratin 8ffoo, Props4 vlgual screening of Ihg f. PUBUCSTNEETS AND UTILf1YFAS'EMENYS. The Owak pardedieataa hest, the albrailan Of grade In ex.es of 3 foot fmm the centers neSllrg upon the oamotor. of the hsteAetkn of a public worse Subelvialun hem sunaundmg Sol the .mseueWe and any maintenance of m caroms fen. or wee, stomewata Ryggg 6pgKLAH g a.a 1 Me public,la publicell lorovm,the easements and flghrs-of-way as shown on the Plat a, the eamml ... f.neltucting, main or smvnr main, or any coesWstlen newity which woUld detention amunsad easearinams and tarother purposes ���� TJLSAi Pun m.w.hag, opaMing, mpaing, SndrepWcleg a yresl an ablate and public uNnnas, Intedom Win public walla and hewer mains, shell be prohibited. deemed advlaable by the Dwdaper tie the Association far. Bolero ma, iheunda6gned,anaay plbfit Mend la coil Coupttyy aril 84na, day c alarm and sane t .ewer Including but not I. electric .mmumpthn gnas, oloclac Ihres, laWylsbn C, Washington Count' Rural W.I. OlsMct fib. 3, ar Ns succassom, 2. Reserve Areas"B"through"N", as designated an the Piet, ova autMs of 2005, pere.sM appeaed Pete KaMh 4o ma-tG6gth.Idml eCl-2005, m6scMxdlheremamlhe maker pewee cable lines, ilnva, Imnaformene,Ped.Mals, gas and -to, Mae, tagathorwllh all fittings and Shea be reeporMIN. feardinary-hills-of publicwelarmebs and the City pl Owasso, Oklahoma, or Us successom, shag be herebyretskmd byline DeVsloperfor RoastersASSateloonorothereyames. Pet tot l to ma equipment for each such facility and any ether appudenances rhonsto, n responsible (a ordinary maintenance of Saver mobs Not N at the Devote mid party far are lv r Me ode dlseof p id Ms green anon or reW ng green aroas, props ..-..htrument is be Old thel.If..ng hew he warts Ito same nahb hoe and 9ted naryad ant deed and as the ardclugaraconddeeM.Wdand hoe and and died msuch smiled nabnly.mpmy la Iho uses with the right of Ingress and rig a ogres. is and sale oasamenis and rights-tit-wayior the uses and purposes thereof. ve lb da Property,bam eseseloershaft peyhxtl2, at 4aclnileS INS Sub M,, 10d ft lmmnanourding araas,the flrtd p4nposeslhmdn va[lomh. mes the en CERTAIN RESTPoCTICNB tSuho of such .1nut reused or noalsslmlod by ¢cis at me owns, nla me ssman, is sg.me or.nhactnrs. cAgue onsteafe and mnlslana of renstructbn and mainlenaxa of any saoentng fonts or wag, early meemmt.ed far other purposes deemed bie S&ISaby myhand and sad doM. ma day and year tea above D. ThaCIryoPO,vesso,OMahenisardWashingtonCounyRumiWalar Me Develop¢ or the Asecdatbn. Certain Resarvm Areas and Fan. Easements (as dascrbod be" have aim been wmrartGkenundO 2, 1114DERGROlR4DANDELECTRIC ANDCOMMLMICATION SERVICE, in District No. 3, or He successors, shag at athnas have right o4 designated be utility easements and may be used as Such an Nolay Public con-fidn wills the Installation of underground olaclrlo, tSophono and l cable taknialoemelees, alllets are aubrad l.Mo following: access to all aseemantways depleted on the accompanying plat,n I, prowldedfor In this Dead of Dedicailan, for Me of fang such Wiley Vlogo does not ra nidy[models with tin Dwebpeis NV commission so eNor,n purpose Installing, maintaining, mmo ing or replacing any potion of [madded ... I such R.- Areas and/or Fart¢. Easements. � A. Overhead pd¢linos In the auPPly of efeclrlo aervlce, telephone and and.g,-ed -far m I-facliniae. cabiv television Service may only be I ..led along the penmoten of the Subdivhbn. Sheet light poles a standards may be served by E. Tina foregoing revenants set Potdl M Mrs paragraph 4 shelf be 7. DEVELOPER'S RESERVED RIGHTS. CERRrICATE OF SURVEY rmdr gerund cable, and eloawhe, throughout the SubdMsbn, all suPPy lMac shill he located underground in the easement ways CMorce'No, by Me City of Owasso, Oklahoma and Washington County RurelWeva Dislm No. ns A. Iactu.s n in Property O-re A-s Ls d. AS a part o4 Ma B, Jary W. Letlbd, mTNSS EngereerMg 8 Kerning Aasoddea. Inc., a re.ervad tar general unfitlos and sireels shawil on the plat SeM. 3, or suswmasors,and M.-ar dMa Pmpany.91a.fob.1mndhomby, dwabpmenloP ma SubUw¢bn,lO Davebpalh.ma4hanaaah:dor win Lake Valley Homeowners' PPmesslavd lad sum-agsland1, the Stalool CWatroma, hanabyal" pedestals and Imnsfomles as sources of supply at secondary Seale Assock4in, Inc., a a Orklahame not-fe-prop corporation(the-Amodaff Mai l hws cam(uiy anal .-.let/o yL wbdddSd, ad platted Me tract land deacnbad dove, woltagaz, may be aria retested In Such easement ways. 5. LANDSCAPE AND PAVING REPAIR. The owner of each lot shag be nj. It and that the soccopenying pat deslgated haMn es'LWE VALLEY'. a Id dMskn In the dyol Owasso, Rogers Carey, State B.Ex. Ito nooses and ltmeturec on leis atl eceniMlha mmefnoF P I PS ramonstaletorthe epair and replacement at any landscaping and Paving opted wlihinntho uHfityeasamenM in line avamNls necess¢ryto S. Birsino Erred An lawful able o4 Ore Acesdatlon mad. under and Pursuant to its Certificate of in.rpaatlon and By -Lows Shan be of adentme, 1.arepwmntalbn¢the amey. made on Me gmad uSing gemeaejacmptediandsunwyingpma(=s meetaac+cccasma tha SubdMsbn as described lnm ar hA Slows, which by agmp () may tealervodfomwbles. n.191-ecalc rvkovics,es, ioleph repair ally underground warn, sanitary sewer mat., severe, binding pan biedin ma lots contained In Ma SUbdfvkbn and awnam Oklahoma Nan' Standards for the Prattle of Land S.nnvybg as ndoplad. cable ben cabln to onouc.s and es. cadet, sent. cable•. toe houses oleamgmmnytreasotshmontayIndblolatw7sbitylam.No lolowna . Na l Shan o5he. cry ld.eg., here.P.. SSbashipin MO Asmciallon N o4 sddosmal lots in afro Ezealed Min of 2W5. may all In said maybeNUsagen from whichmaySONImededstal aFaaywntthh wouWrasameity yea Iplan hwould ladVa seiested mad, n,ahamraryutaaks any of Such property by the D aril an ovmors o4 sUdr addNlonaS propony designated by the Davofapa. -day • the nearest s.Mce pedestal or translonma to Ilea point of usage ornaSMarmor to the located within said easemarils or flyhls�al-way. It it is delermhled that or f.way. doonmined by Me rocebn and.natrualon of such house as may be located upon each said lot- that upon the Installation arty--Inubberylocated xiMbsold tesements.,dhSS.Uf nsl damaging C. Asasssmemm A-SIMSemmamsmaybemads Pry Ma Asnodallon RE, aust W.Le Prwlded of Such a Service cable to a par icular house, the supplier of cioctnc or ddangeflng utilities In mid meal is or rights -of -way, Mo aty or Sold Rural Water Dishktshan haw the right to remove pto Uses on a pa lot bests, on as mom lily set b dh In the AssO Wbv R Prod Land Sunayar Service. telephone n cable lolavlsian service shall thereafter be or shmbberyaponMe(5) days notice thereof at the lot owdom expanse. gwamhg documents and In the Cavemems, Conditions and Ro.deffors to, Lk. Valley, No lot anded by the DeveloWsImll be deemed tohaveaddnlllve,Permanent, affective and ex JmNvro ghl- orwllhin Such lhll Me lot owner may mmwasanro, subject ro assessmm4. .,-way ..man(ov on each farcertng a five foot strip Wending 2.5 feel on pch side of such service cable extending from the said. or ha.farmar to the sent. all. -on and noes., 6. PLANNED UNIT DEVELOPMENT. '. D, Other Right, Developer shelf hoe Pha dghl and pp topolestar A. Use of the Land. s sIdean decemmna and dove other acts and MingsaneciRng C. The supplier of electric, telephone, and cable telavlsion service, the Subdivision which Devebpar defegnhos am eapssaryof Omagh as Proper agents and ampbyecs, shell at an Hones have the The ace and dwebpmant o1 Lake Valley Shelf be mbrac4 b no deskable In comrectfon with Me right of Devetopmunder this Daelaratbn, hoioxihlg the -ft.anal (fling of varlous S¢to W OK,aharte D right or access to an such evsoment ways shown on the plat or forms, .edlbes, and provisions of OPI/D 01.03, Which ana the Covenants, Conditions and Restrictions for the SUbd VISicn. provided for In this dedication for the purposes of installing, uses permitted by right or special wooplion in the RS-3 Zoning Ca ty TWSa ) maintaining, removing, ormplachgaryperlion ofsaid underground .tackle,telephone, or cabal tebvisin so installed by it. Oiatrict S. FENCEEASEMENM. A7eaadesignaled an theMetasF'eceEnsememn Genera maths rmdanlgnad,a.taryp,AfieM and rorndd county and nets. Saed3a tyard B. Yards:md Setbacks, areherebydrIlgnated by me D-fopa¢I perpellefeasemenls fatho benefit at the Associsgan fa line Purpose o4 proWding proper visual beS.lft--=of ones dayof 2o05.paaandy oo, fed, D. Theowna of each lee ikon be raspmslMe for Me pmtecHan of the underground electric, lelophonv, and p01e mlSvisbn /acintlas Y. From Yard Abunbga PubNUPr'rvata Street The front ofa sceening of the Subdtvisb. ftom surmtndirg areas, and for Ma heu�nt ca R.91a1aed Rdcasl.nLnnd lheaforegoingC,fnifitalo of Slsvey located an Such owner's property and shall prevent the arrounion of yard Lot shall notbe less than 20 feat in depth. .nsvmclbn and maMlenanceofanyslgnaga, Pan. orwailand foromax purposes deemed to be in the common good by Devaiupe and/or the aril apigpvq dt. mother ne Cxeaaedihe same as nls he¢and vwamary grade or any conshuctbn act!viy which may btadere with Said Association, as and deed fa Me uses and prpo.. therein an fcdh. electric, lelophonea.blo telaVisbn felines. Such utlfiycompany wA be resportable lorodmay-Mora le of underground electric, 2. Comer Lot Minimum Side Yard AbunMOPublkePrelate Street. Inn IN NaRVESS WHEREOF, f have ad my hand and sedfne day and yealast telephone, or cable bltrAsion facilities, but Me ewnor Tpay for the comer lot side yard of a Lotshaif not tea less than 15[.athe depth. nMaenmSow, damage or relocation of such fa ilil(gs caused or ne.ssimted by acts of the owner, rs agents ar.naaesas. 3. Rear Yard. The rear yard o4 a Lot ahan not be less than 15 fee 6. Sue Wand,Ivey NODS E. The foregoing cavenaIfS cencaming underground electric, In depth. WI-I.O. no. O1aa4303 expTes Mare,roo0, telephone. and cable talwislon facilities shall be enforceable by the 4. Sfde Yard.WIN— Lotamhsldayard shag notbe lass than S-PPller of ilea it telephone or cable WaVf lbn SaMce, and the feet In wide, or 10 feel In width an mo silo and 0 fact In width CEPIIFlCATE OF FlNAL RAYA re"';i OVPL awns of each lot agrees to be bound thereby. on Me other side and and no SWU yard Shan be loss than the, he caliy that this Pill was apPnvby the Owassc CITY CamcF sM4 3, UNDERGROtINO GAS SERVICE cronyutillryeasement located within the lot and along The ao` this deyoP aide rot Ana A. The supplier of gas anM. through as agents and _play_ chaff 5. Minimum lot Frantagn. Y4o honPSga of a fat Shan bo no Was gy atanlimsshava1hS6ghl Ofacoa tUeJ such e9semems shown an the plat or as provided Ie In this ceNn.to of dedication for the than 50(epl In wl0ln, except in the instanct, of eu dmsat and pe Shaped lots, which sell be 50 feat within five feel of the Susan K.Nsfi, Mayl, PunPSSOoilramging, removleg. raPafflg,.1mPxing.nyporU no4 Mo ladllllos Insmlled by Ina sUpplWralgas 9ervl.. front yavdsetbaekormarprepnnylim. TNn approtol(s wtdnthe mbova aigma¢aea is rem ertdasal ly Ma CHy 8. Minimum L.E D plh The'mm1mum depthof. too b 100 fit. Clark, owner of the lot Shan la responsible tar the protection l peen o/ the B. Underground amd gas located In their bl and shnl pwml the 7. Essament Shaba No a whether principal a bony DOS: W yCaEc sit MU or any sit MUM smile, or eery other .nzlmdon xWiry which accessory, snap enaoach� upon arty easemmL n n anyal Inled.mwHh the gas sarv'sa. Tao 9uppliarolthe gas ssrvkashall be hen be responsible for tin ordinary maintenance of sad fiscHIss, but the C. Maximum Structure Height, No etmbiut. Shan a saed 2 s[eWa in TAKE VALLEY owner soar Pay tar damage or rolop6on of /acAtfas .used ar necessitated by acts of the owner, or ft agents or consev r:s. height. Sheet 2 of 2 TOO THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM; CHIP MCCULLEY C_ffV Pt-,ANNER SUBJECT.- FINAL PLAT (Jessie Addition) DATE-. August 5,2005 g&QffiR0jLND., I.M.W. SurvXj has submitted an application to the Planning Commission for approval of a final plat proposing I commercial lot, on approximately 0.535 acres of property zoned CS (Commercial Shopping), located on the southeast corner of Main St. and 14"' St. A general area map is attached. Planning Commission: August 8, 2011 North: Ator Elementary South: E 86hSt N East: Brookwood West: Ator Elementary PRESENT ZONING, CS (Commercial Shopping) SIT ROUNDING ZONING: North: RS®3 (Residential Single -Family) South: CG (Commercial General) East: RM- I (Residential Multi -Family) West: RS-3 (Residential Single -Family) DEVELOPMENT P 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 tkx* 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. The -Owasso Technical Advisory Committee reviewed the -final plat at the July 27, 2005 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 recommendations were addressed: 1. Applicant must indicate a 15' utility easement along the northern perimeter ®f the Plat. RECOMMENDATION: The staff plans to recommend approval of the Jessie Addition Final Plat subject to appropriate actions taken to satisfy the TAC concerns. 1. Caw map 2. Site Drawing 0 Owasso Community Development Department 111 N. Fain St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com 1v S. �•- Y 8 I ( 6 15 ,I 4 03 "INAL PLAT JESSIE ADDITION I FINAL PLAT Owner/Developer: Juanita Buchanan and Philp Buchanan 3409 East Admiral Place Tulsa, Oklahoma Phone: 918.834.5856 Engineer/Surveyor: !_W. Survey Engineering and Design Co. 2156 West Albany Street Broken Arrow, Oklahoma Phone: 918.251.1035 FAX: 918.251.0425 R 14 E 96th STREET N. LOCATION MAP N.T.S. SUBDIVISION CONTAINS I LOT AND 1 BLOCK TOTAL AREA 0,535 ACRES 'aY e i SHUN 5LPF£i mnabC m WO ibel iP a- -------- VA -------- i NA SRO" wC p esnaffi' e I� •W �J Vffi G. tKtfTl STEEP lARl11 LF4Eu� M1C .CAR Y. 91M ® - URA• CRSH CaH/1+AA'sCRY [� O � 10.eb C✓o INK -� CmCIpdK ICvo -- �_ NVJfoC1Y ua M �ARmas Aa 6H®WTI@ -__��sumo DISK uc •(I.NWANWM iTAIe Rua DEED OF DEDICATION THAT JUANTA BUa M AND PHILIP WaiANAN. HEREINAFTER OFTEN CALLED OWNER" ARE THE ORRERS IN FEE SIMPLE OF TE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE CITY O OWASSO, TUUU COUNTY, STATE OF O LAHOM . TO-WrT: A TRACT OF LAND THAT IS THE SOUTH 84.00 FEET OF NORTH 110600 FEET ON THE WEST HALF (W/2) O' TE SOJTHEAST WARIER (SE/4) CF TE SWTHR6T WARTR r/W THE SOUiNEA`T QUARTER (SE/4) CF SECTOP! 19. SIP 21 NORM RANGE 14 EAST ON ONE I DIAN BASE AND MERDIAN, TULEA COUNTY, OK AHOMA. LESS THE WEST 11 FEET. BERG MORE PARTICULARLY DESCRIBED AS FOl.OWSY COMMENCING FROM THE SWTHW&ST CORNER OF THE SE 9/4 SW 1/4 SE 1/4 OF SECTION 19. TOWNSNP 21 NORM RANGE 14 EAST IIiE ONOIAN BASE AND MERIDIAN. TLASA. OKAHOMA. NORTH 01'00.51• REST A DISTANCE ON 659.11' FEET ALANC THE QUARTER SEMVN LINE TO THE NORTHWEST COMER OF THE WEST HALF (W/2) O' THE SOUTHEAST QUARTER (SE/4) ON THE SOUTHWEST QUARTER (SW/4) CF THE SOUTHEAST QUARTER (SE/4) OF SAID OF lk THENCE NORTH W54' EAST A DISTANCE OF 50.00' FEET TO A PONE; THENCE SOUTH M W51• EAST A DISTANCE OFI12MM FEET TO THE PONT OF DEMNINR THENCE SOUTH O'DD'S9' EAST A DISTANKE O' U96DD' PET; THENCE NORTH W5452' FAST A DISTANCE OF 2n.55 FEET: iHEN� NCRTFI O W 51• WEST A DISTANCE OF 84= FEET. THENCE SOUTH 8854'� WEST A DISTANCE OF Z77e.5 FEET M THE POINT OF CONNING THIS ABOVE DESCRIBED PARCEL CONTAINS 0.535 ACRES. MORE OR LESS. THE OWNER HAS CAUSED THE SAME TO BE SURVEYED. STAKED. PLATTED AND SUMMED INTO LOTS, SUOCM RESERVES AND STREETS AS SOWN BY THE ACCOMPANYING PLAT AND SURVEY THEREOF, AND WHICH PUT IS MADE A PART HOOD: AND THE OWNER RAS OVEN TO SAID PLAT THE NAME OF'JESSE ADDITION' AN AD)ITRId TO THE CITY OF OWASSO. TASA COUNTY. OKLAHOMA. NOW. THEREFORE. THE OWNER, FOR TIE PURPOSE OF PROVIDING PR THE ORDERLY D VMOPMENT OF •JESSE ADDITION' AND FOR THE PURPOSE OF IRWRING ADEQUATE RERTRICTAN FOR THE MUTUAL BENEFIT OF THE OLER ITS SUCCESSORS, GRANTEES AND ASSIGNM IHE WNEFI ARIES OF THE COVENANTS SET FORTH N SECTION I S1DK WTH RESPECT TO SUCH COVENANTS ONLY. DOS HEREBY IMPOSE THE FOLLOWING RESTRICTIONS AND COVENANTS, WHCH SHALL BE COVENANTS RUNNING WITH THE LAND AND WHICH SHALL BE ENFORCEAFHE BY THE OWNER ON OWNERS OF ANY PROPERTY WTHN ',ESSE ADDITION' AND BY THE BEHEFigAPoES OF THE COVENANTS SET FORTH N SECTION I BELOW. NTH RESPECT TO SUCH COVENANTS ONLY. SECTION I. STREETS AND UTIUTY EASEMENTS THE OWNER DOs HEREBY DEDICATE FOR PUBLIC USE FOREVER THE STREETS, RIGHTS -ON -WAY. UMUTY EASEMENTS. AND RESERVES AS DESIGNATED AND SHOWN ON THE ACCOPAMYNG PLAT. FOR THE SEVERAL PURPOSES OF CONSTRUCTING MANTANNG REPARNG REMlOVING AND RETLAC IG ANY AND ALL PUBLIC UTILITIES. INCLUDING STORM AND SANITARY SEWERS TELEPHONE LINES, CASE MEV SM LINM E MC POWER LIAND 1RANSEOROERS, GAS LINES AND WATER UW: TOOETER WRH ALL FITTINGS AND EQUIPMENT FOR EACH OF SUCH FMUIES INCUUDING THE POET WtES.I,COHWITS, PIPES, VALVES, METERS AND ANY OTHER APPURTENANCES THERETO, WITH RIGHT TO INGRESS AND EGRESS TO SAID EASEMENTS FOR THE USES AND PURPOSED AFOHEWIM. PROVIDED. HOWEVER. THAT THE UNDERSIGNED OWNER HEREBY RESERVES THE RIGHT TO CONSTRUCT, MAINTAIN. OPERATE, LAY AND RELAY WATER LINE AND SEVER OWES, TOGETHER WTH THE RIGHT OF INGRESS AND M' ESS OVER. ACROSS I AND ALONG ALL OF THE EASEMENT AREAS SOWN ON THE PLAT, BOTH FOR THE PROSE OF FURNISHING SERVICES TO THE AREA Nq M WTHN THE PLAT; PAVEMENT OR LANDSCAPE REPAIR WHIN RESTRICTED WATER LINE. SERER LIE. UTILITY EASEMENTS OUR RESERVE AREAS AS A RESULT OF WATER OR SEWERLINE OR OTHER UTUMAMA= DUE TO BREAKS AND FAILURES SHALL BE BORNE BY THE OWNER M THE LOT. NO BUILDING STRUCTURE OR OTHER ABOVE OR BE.DW GROUND W,'TRi UCTIMS THAT WILL INTERFERE WITH THE AFORESAID SHALL BE PLACED. ERECTED, NSTAU-ED ON PERMITTED UPON THE EASEMENT -WAYS OR RIGHTS -OF -WAY AS SHOWN. A LWTS O NO ACCESS THE RICKDUINSO6BOEt. OF THE PROPERTY WTdN THE BMW DMONA70 AS 'MUTTS OF NOI ACCESS' (WA) ON THIS PLAT. 3 GAS SERVICE A &00 FEET STEP, BEING 250 FEET ETHER SIX: ON A UNIT NFROM EXTETAG FRTHE NEAREST GAS MAIN ON OAS STRUCTURE TO THE PONT OF USAGE LOCATED ON TE BUILDING SHALL HEREBY BE GRANTEB AS AN EASEMENT. FOREVER, MTHE SUPPLER OF SAD SERVOS G INGRESS, EGRESS AND WALKWAYS CO1S11ttiClAN OF SIDEWALKS SHALL SE COMPLETED. BY THE OWNEL WITHIN THE PUBIC DEDICATION ALONG NORM MAN STREET AND EAST 141 STREET, AS REQURED BY AND IN ACCORDANCE M THE STANDARDS OF THE CITY OF OWASSO. D. WATER AND SANITARY SEWER LINES THE OWNER SHALL SE RESPONSIBLE FOR THE PROTECTION OF WATER! AND SANITARY SEWER LINES. ACTIVITY WHICH INTERFERES WITH SAID UNES IS PRO1070. THE CITY OF OWASSO SHALL HAVE THE RIGHT O ACCESS AND BE RESPONSIBLE FOR ORDINARY MMM71N CE OF WATER LINES AND SANITARY SEWER UNES E. STORM WATER THE OVER SHALL BE RESPONSIBLE FOR THE PR07ECTM AND MAINTENANCE OF STORM WATER ATTRIBUTES OWNER'S CERTIFICATE KNOW ALL MIN BY THESE PRESENTS. THE UNOERSOHEO DO HEREBY CERTFY THEY ARE THE OWNERS OF AND THE ONLY PERSIXJS. FIRM OR CORPORATION HAVING ANY RIGHTS TITLE AND/OR INTEREST IN THE LAND SHOWN AND DESCRIBED HEREON AND PLATTED AS •JESSLE ADDITION', A SUBDIVISON WITHIN THE CITY OF OWASSO. T1LSA COUNTY. OTOAHOMA. THE PLAT SHOWN HEREON IS A CORRECT SURVEY OF THE PROPERTY MADE NTH QUIT CONSENT; THE UNDERSIGNED DO HEREBY DEDICATE FOR PUBuG USE ALL THE 5TEEI5 AND EASEMENTS AS SHOWN ON SAID PLAT; THE UNDERSIGNED DO HEREBY GUARANTEE A CLEAR TTE TO THE LANDS W DEDICATED. FROM OUPSEI.VTS. OUR HERS, AND ASSIGNS FOREVER, ANT WE HAVE CAUSED THE SANE TO BE RELEASED FROM ALL ENWMBRANC6. CONVEYING CLEAR TT-: EXCEPT FOR MORTOAG:E AND EASEMENTS OF RECORD. .I6AHTA BUCHANAN DATE PHIL.P SUaHANAN DATE STATE OF CKWROWA } S5 iTNr. OF TriSA BEFORE THE UNORSGN M. A NOTARY PUBLC N AND FOR SAID CONY AND STALE ON THIS —DAY OF 2005. PERSONALLY APPEARED IUANTA BUCHANAN AND PHILIP WCYANAN, TO LIE KNOW TO BE T IDENTICAL PERSONS WHO EXECUTED THE WTHN AND FORGOING INSTRUMENT. GIVEN UNDER TOY HAND AM SEAL THE DAY AND YEAR LAST ABOVE WRITTEN. MY COMMISSION EXPIRES` NOTARY PU CERTIFICATE OF SURVEY 1, PEE R. MAtRiYN EL, A REOSTEtID LAUD THE STALE � OO-AIHONA HEREBY CERTIFY THATi HAVE SURVkYED. d ow THE ABOVE TRACT DESIGNATED AS THE "JESSE ApdTON' T OWASSO, TULSA DOA THE ABOVE COUNTY, OAHOMP S AN OF SAD SURVEY. R p� a ®A WMESS MY HAND AND SEAL�S ®®2D0349�y®®moo LW SURVEY ENGINEERING ASH DQiANY CA 3459 l5) EXP. E f" . LEE R. MARLOW RIIII ® -< REGISTERED LAND SURVEY R--� ® L.S. ��3 4 OOAHOOA Na 9M ro® _ _ q g® STATEOF OF O2WCMA) 'e y®w0 W�° KeTa GxNT1LSA } Ss.. ��mp®®p®®•®oos°'� ® BEFORE BCE. TFE UNDER` SIGNED. AP O Y F .ly IN COUNTY AND STATE. ON THIS _ DA1 6Z iY pp@@ PERSONALLY APPEARED LSE R. MARLOW 114 TO ME DROWN 1TCAL PERSON WHO EXECUTED TIE WTHN AND FORGOING NSiRUMIENT. GIVEN UNDER MY HAND AND SEAL THE DAY AND YEAR LAST ABOVE WRITTEN. MY CO-SSM EXPRM NOTARY PUBLIC CERTIFICATE OF FINAL PLAT APPROVAL P HERESY CERTIFY THAT THIS PAT WAS APPROVED BY THE OWASSO CITY COUNCIL ON . 2COS. MA - VICE k4AYCR THIS APPROVAL IS VVO IF THE ABOVE SMATURE IS NOT ENDORSED BY THE CITY CLERIL aw CLERK TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OASSO FROM: ANA STAGG, P.E. PUBLIC WORKS DIRECTOR SUBJECT. EAST 96 TI STREET NORTH AND NORTH 129T' EAST AVENUE EAST OWASSO EXPRESSWAY HOME DEPOT DEVELOPMENT AGRE EMENT DATE. August 3, 2005 BACKGROUND: On January 24, 2005, the City of Owasso received a request for additional payment in the amount of $415,260.00 as reimbursement for Change Orders, Performance Bonds, Statutory Bonds and Maintenance Bonds for the construction of improvements at the E. 96th Street North and N. 1291h East Avenue and E. Owasso Expressway by The Home Depot (see Attachment A). In conformance with the Development Agreement dated July 23, 2003, staff completed the review of the documents submitted on January 24, 2005 — and under previous covers — and recommended reimbursement in the amount of $211,491.03 (see Attachment B). Such amount represents reasonable reimbursement for construction work performed which although not reflected in the contract documents, was necessary to complete the intended design. On March 1, 2005, city staff received :further documentation relating to the rejected claims (totaling $152,196.00). Following the review of submitted documentation, staff denied the additional claim (see Attachment C) and recommended reimbursement in an amount not to exceed $211,491.03. On July 28, 2005, the City of Owasso received a request, on behalf of The Home Depot, for the release of funds totaling $211,491.03 as final payment for the construction of improvements detailed in the Development Agreement. Home Depot Development Agreement Final Payment Page 2 of 2 FINAL INSPECTIONS® Final inspections, for all improvements performed under the Agreements, were completed in 2004 and all items identified were rectified in compliance with city standards. City Council accepted. the infrastructure in December 2004. The contractor has provided the required one- year maintenance bond for the water, sewer and storm drainage systems and a two-year maintenance bond for the streets. FUNDING: An adjustment in the Agreement will be required to reflect the following: Original contract amount $ 1,424,000.00 plus Change Orders $ 211,491.03 Revised Contract Total $ 1,635,491.03 Funds for the Change Order are available in the Capital Improvements Fund. COMMENDATION: Staff recommends Council approval of a Change Order to the Development Agreement for the construction of public improvements with the Home Depot, Inc. in the amount of $211,491.03 and a revised contract total amount of $1,635,491.03. ATTACHMENTS: A. HD Request for Additional Payment — dated January 24, 2005 B. City of Owasso Letter — dated March 15, 2005 C. City of Owasso Letter — dated April 4, 2005 D. GreenbergFarrow Letter — dated July 28, 2005 January 24, 2005 Mr. Rickey Hayes Director of Economic Development City of Owasso P.O. Box 180 111 N. Main Owasso, Oklahoma 74055 Office: (918) 376-1518 Cell: (918) 629-6066 rhayes c7r cityofowasso.com RE: GFA #20020694 Owasso, OIL Home Depot GFA #20040591 Owasso, OIL Reimbursements Dear Rickey, Thank you for assistance and quick response in obtaining the reimbursements due to The Home Depot per the July 23, 2003, Development Agreement. Based on previous discussions and meetings (November, 2004), The Home Depot has delivered to the city change orders and an independent audit of the change orders in the amount of $402,922.00. The attached spreadsheet will explain the various change orders and corresponding work directives. Work directive "24soff' takes into account corrections noted (both additions and deductions) during the independent audit based on the contract between The Home Depot and JR Heineman Construction. These work directives were issued through WD Partners, Home Depot's architect, in conjunction with CH2M Hill, the City of Owasso's design engineer. The executed agreement calls for The Home Depot to be reimbursed for Performance Bonds, Statutory Bonds, and Maintenance Bonds (Sec. 1 and schedule 1). The cost of said bonds, per JR Heineman Construction, is as follows: Water Line $643.00 Sanitary Sewer $751.00 Storm Sewer $1,130.00 129th Maintenance Bond $9,814.00 TOTAL. $12,338.00 Thank you in advance for your prompt attention to this matter. Please feel free to contact me if I can be of assistance or provide you with any additional information. I can be reached at 972.490.6036 or via email at rcoali((i gi-eenbergfarrow.com. Sincerely, GREENBERG FARROW ARCHITECTURE INC, Rusty A. Coan, PE Regional Manager 01 Letter 03.22.00 R \Engineering Projects\Capital Improvements\96 & 129th Ave-CH2MHi11\Horne Depot Construction\City Council\(05-12-05 Attachment A.Doc s Avenue Wes Box 7oPooasso,�'OK 74055 !' March 15, 2005 Rusty A. Coan, PE Regional Manager Greenberg Farrow Architecture Engineering Development 15449 Knoll Trail Suite 230 Dallas, Texas 75248 Reference: East 961h Street North and North 129`h East Avenue Intersection Improvements Development Agreement Dear -Mr. Coan: In conformance with the Development Agreement dated July 23, 2003, the City of Owasso has completed the review of the documents submitted on January 24, 2005 — and under previous covers — relating to a request for additional payment in the amount of $415,260.00 as reimbursement for Change Orders, Performance Bonds, Statutory Bonds and Maintenance Bonds for the above referenced public improvement. Enclosed please find a Table detailing a comparison of actual construction cost for each of the change orders as calculated by Greenberg Farrow Architecture Engineering Development (GFAED), Yeo&Yeo Audit (HD) and the City of Owasso, respectively. Based on our review of the documents provided, the Public Works Department is prepared to recommend reimbursement of the following costs: Change Orders No. 7, 8, 9, 12, 13, 15, 16, 17 and 18 ............ Performance, Statutory and Maintenance Bonds ................... $ 205,286.03 $ 6,205.00 $ 211,491.03 Note that no credit was given for Change Orders No. 2 and 10 because of lack of supporting documentation. Credit for such changes will be considered by the City following the submittal of audited invoices. Reimbursement of costs will be issued to Home Depot by the City of Owasso following their written acceptance of our proposal. City staff is available to meet at your convenience to answer any questions you may have concerning our findings. Mr. Rusty A. Coan March 15, 2005 Page 2 of 2 Please do not hesitate to contact me directly at (918) 272-4959 should. you disagree with our findings or wish to schedule an appointment to further discuss your invoice. Sincerely, OWASSO PUBLIC WORKS DEPARTMENT 1 Ana C. Stagg, P.E. Public Works Director Enclosure cc: J.B. Alexander, Public Works Project Manager Rickey Mayes, Economic Development Director Ron Cates, City Attorney Rodney Ray, City Manager Tim Rooney, Asst. City Manager File City of Owasso Public Works Department 301 West 2nd Avenue P.O. Box 180 Owasso, OK 74055 E 96TH ST N AND N 129TH E AVE IMPROVEMENTS PROJECT TABLE 1 CHANGE ORDER LOG CO TITLE COMMENT GFAED HD AUDIT CITY OF LETTER OWASSO 2 NO INFORMATION PROVIDED $ 76,493.00 $ 76,493.00 $ S-090S SILICONE SEALANT CONTRACT DOCUMENTS DID NOT INCLUDE REQUIREMENT FOR 4,938.00 $ 4,938.00 $ 4,937.73 SILICONE SEALANT 7 5-1705 LOWER 900 PAIR CABLE NECESSARY LOWERING OF TELEPHONE CABLE NOT NOTED IN THE j $ 578,00 $ 578.00 $ 577.50 —.CONSTRUCTION PLANS NONE AUDIT CALLED FOR AN ADDITIONAL 5% TO COMPENSATION FOR OHP $ 339.00 339.00 8 S-110S SOIL REPLACEMENT REPLACEMENT OF UNSUITABLE ONSITE SOIL TO CONSTRUCT ROAD $ 19,285.00 19,285.00 $ 19,28500 S-180S LUMINARIES REPLACEMENT REPLACEMENT OF LUMINARIES WITH LED LIGHTS $ 3,219.00 $ 3,219.00 $ 3,220,14 S-190S ADDITIONAL DRIVES THREE ADDITIONAL DRIVES REQUESTED FOR 9300, 9309 AND 9501 N $ 9,906.00 $ 9,906.00 129TH E AVE ADDITIONAL ROAD ENDS AHEAD SIGN REQUIRED FOR OWASSO 9 S-21 ADDITIONAL ROAD SIGN EXPRESSWAY, BOLLARDS ARE NOT THE RESPONSIBILITY OF THE $ 1,612.00 $ 259.09 CITY NO INFORMATION PROVIDED $ 14,519.00 NO INFORMATION PROVIDED $ (4,613.00) 8-200S ADDITIONAL WORK NO INFORMATION PROVIDED 14,584.00 $ 13,706.00 $ 10 NO INFORMATION PROVIDED $ (5,597.00) 12 S-07 DELAY RESEQUENCING RESEQUENCING NECESSARY TO ACCOMMODATE DELAYS IN UTILITY $ 9,633.00 $ 9,633.00 $ RELOCATIONS. NOT THE RESPONSIBILITY OF THE CITY S-030S ADDITIONAL TRAFFIC ADDITIONAL PAVING FOR 96TH STREET BETWEEN OWASSO LANE EXPRESSWAY AND N 129TH E AVENUE $ 39,02&00 $ 39,028.00 $ 39,027.62 S-040S WATER MAIN RELOCATION OF 529 LF OF PIPING WAS UNNECESSARY (BULLETIN RELOCATION 9S). WATERLINE RELOCATION LIMITED TO 639 LFT IN LIEU OF 1168 $ 76,518.00 $ 76.518.00 $ 76,518.00 LIFT S-050S ADDITIONAL STORM STORM SEWER AT OWASSO EXPRESSWAY. REMAINING CHARGES SEWER INCLUDED IN S-060S AND S-220S (REDUNDANT) $ 111,766.00 $ 111,766.00 $ 45,271.80 5-060S TEMPORARY TEMPORARY PAVEMENT ADDITION NECESSARY TO MAINTAIN SAFE 13 PAVEMENT TRAVEL ALONG 129TH E AVE DURING CONSTRUCTION $ 46,227.00 $ 46,227,00 $ 46,227.00 S-120S ADDITIONAL SIGNAGE SIGNAGE NECESSARY FOR SEQUENCING TRAFFIC FLOW CHANGE $ 4,620.00 $ 4,620.00 $ 4,620.00 S-130S REMOVAL OF NECESSARY TO REMOVE ADDITIONAL TEMP ROAD CONSTRUCTED ADDITIONAL TEMP PAVEMENT TO FACILITATE TRAFFIC DURING CONSTRUCTION $ 5,352.00 $ 5,352.00 $ 5,352.00 NECESSARY TO RECONSOLIDATE WITH AUDIT. AUDIT DEDUCTED $49,167.00 TO ACCOUNT FOR REDUNDANT TEMPORARY PAVEMENT $ (49,167.00) $ (49,167,00) CHARGE. COO DEDUCT ALREADY INCLUDED IN S-050S 15 S-24 ADDED GENERAL ADDITIONAL GENERAL SERVICES BETWEEN 1/17/04AND 3f1_3/04DUE SERVICES TO PROJECT COMPLETION DELAY $ 28,094.00 $ 28,094.00 $ - S-220S ADDITIONAL TEMP ADDITIONAL TEMP PAVEMENT FOR NW & SE CORNER OF 96TH AND PAVEMENT 129TH $ 10,907.00 $ 10,907.00 $ 10,907.00 16 S-230S INSTALLATION OF A LOWERING OF THE WATERLINE NECESSARY TO CONSTRUCT HD WATER VALVE _DRIVEWAY WITHIN PUBLIC RIGHT-OF-WAY $ 5.696.00 $ 5,696.00 $ 5,696.00 NO INFORMATION PROVIDED $ (5j8700) 17 S-080S WATER LINE RELOCATION RESTOCKING FEE FOR THE UNUSED 12-INCH WATER PIPE $ 2,244.00 $ 2,244.00 $ 2,244.00 AUDIT RESULTED IN A REDUCTION ON CHANGE ORDER NO. 2 18 REVISED CHANGE ORDER NO. 2 BECAUSE OF OVER BILLING. EXCLUDED BECAUSE CO NO.2 WAS $ (6,554.00) $ (6,554.00) $ —EXCLUDED DEDUCT FOR WATER DEDUCT SHOULD RESULT FROM REDUCTION IN LINEAR FEET OF RELOCATION PIPE FROM 1168 TO 639 $ (63,347,75) CHANGE OF CURB FROM 8- 3,840 LINEAR FEET OF CURBING WAS CHANGED FROM 8-INCH TO 6- INCH TO 6 INCH INCH TO CONFORM WITH CITY STANDARDS, CHANGE RESULTED IN $ (2,915.10) A REDUCTION OF 14.22 CYD OF CONCRETE REMOVAL OF AIR RELIEF AIR RELIEF VALVE WAS NOT INSTALLED AS SHOWN ON THE PLANS. VALVE AT STA A CREDIT FOR THE EQUIPMENT AND INSTALLATION IS DUE $ (2,500,00) TOTAL $ 402,4922,10 $�_414,440,00 $ 205,286.03 11 t ! Box 180 Owasso, OK 74055 April 4, 2005 The City Wi11 thout Limits. e Dusty A. Coan, PE Regional Manager Greenberg Farrow Architecture Engineering Development 15449 Knoll Trail Suite 230 Dallas, Texas 75248 Deference: East 9611 Street North and North 1291h East Avenue Intersection Improvements Development Agreement Dear Mr. Coan: (918) 272-4959 FAX (918) 272-499 The City of Owasso has completed the review of the supplemental documents for Change Orders No. 2 and 10 submitted on March 21, 2005 and relating to a request for additional payment in the amount of $152,196.00. In conformance with the Development Agreement dated July 23, 2003, and based on a thorough review of submitted documentation, the City of Owasso hereby denies your claim for additional payment (exceeding the previously approved $211,491.03 payment) as reimbursement for Change Orders, Performance Bonds, Statutory Bonds and Maintenance Bonds for the above referenced public improvement. A detailed explanation for denial of each claim is listed below: Co Description Amount 2 Water line $76 493.00 relocation Comment Claim is a duplicate of charges approved under Change Order 13 (SO4OS) for $76,518.00. City authorized no additional work relating to Additional work at the replacement of concrete. Inspection logs 10 south end of N. $13,706.00 indicate that work was constructed as shown on 1291h East Avenue the drawings. 15 General $46 231.00 City assumes no liability for an increase in Conditions construction time. Mr. Rusty A. Coan April 4, 2005 Page 2 of 2 Waterline replacement was reduced from 1168 Deduct for waterline $63,347.75 to 639 linear feet. Invoice should reflect a reduction in material and labor cost for such. City assumes responsibility for increase in Bonds $6,205.00 Performance Bonds, Statutory Bonds and Maintenance Bonds cost related to an increase in contract price of $205,286.03. TOTAL $152,196.00 Pursuant to our letter dated March 15, 2005, the City of Owasso is prepared to issue reimbursement to Home Depot in the amount of $211,491.03 following written acceptance of our proposal by an agent of Home Depot. City staff is available to meet at your convenience to answer any questions you may have concerning our findings. Please do not hesitate to contact me directly at (918) 272-4959 should you disagree with our findings or wish to schedule an appointment to further discuss your invoice. Sincerely, OWASSO PUBLIC WORDS DEPARTMENT w � o Ana C. Stagg, P.E. Public Works Director cc: J.B. Alexander, Public Works Project Manager Rickey Hayes, Economic Development Director Ron Cates, City Attorney Rodney Ray, City Manager Tim Rooney, Asst. City Manager File Dallas, TXrsz«u t: 972 4906036 f:s72r88 4744 8��������� ������� ATLAN VA mmmmnm,um��wmm��m ��0 @���� w��� cvIC^uo u^mmcuS BOSTON DALLAS wEVV/ERSEY Ms. Ana C.Stagg, P.E Public Works Director City of Owasso, OK Public Department 301VVmst 2'"Avenue P[)Box 180 Owasso, OK PhonaDi82724A5D Fax: 918.272.4996 Re Home #QR22—Owasso, [)K Dear Ana: Please accept this letter as a request for the release of funds in conformance with the Development Agreementdated July a3'.2uux. Per your letter dated March 1G^'.2005 please release the amount of$2i1.491.03for the following: w Change Order #7 * Change Order #8 w Change Order #Q w Change Order #12 ° Change Order #13 m Change Order #15 n Change Order #1O • Change Order #17 * Change Order #18 • Performance, Statutory, and Maintenance Bonds Due hothe fact that two separate departments within The Home Depot are effected bythis reimbursable, | would like to request that two checks be sent to the following. - Amount: $2O5.28G.O3for Change Orders Payable To: The Home Depot Address: TheHomeDapot—Reoeivab|eo 2455Paces Ferry Road B10 Atlanta, GA3O33S-4O24 Attention: Tom Dannr Phone: 77U.384.8211x18O20 mFormalLettermm,05cOocumenmand Seflmgs�gmuserUcal Settugffempk072806wftertomm'c)c Amount: $6,2O5OOfor Performance, Statutory, and Maintenance Bonds Payable To The Home Depot Address: ThoHumoDepot—RiskServioec 245SPaces Ferry Road B1O Atlanta, BA3O33Q-4024 Attention: Cindy Thibodaux Phone: 77O.384.8211x84271 Please feel free tocontact meifhave any questions orifmyrequest for two checks cannot beaccommodated. Thank you in advance for your prompt attention to this matter. Sincerey, Rusty GreenbergFnrrow Southwest Regional Manager Enclosures Copies RickeyHayeu—CitynfUwesmo,UKEonnomicDeveopmmtDirector Ron Cates City ofOwasso, OK City Rodney Ray — City of Owasso, OK City Manager Randy Hobert — Home Depot Project Manager Tom Derrer — Home Depot RE Receivables Cindy Thibodaux — Home Depot F*uk Services Coordinator /VeuGmith— Kane. Russell, Coleman, and Logan mFormal Letter mm.05cmocumentsand SeHu9s\gfausmmmSettugsU°mp\mm05letter toana.doc TO® THE HONORABLE MAYOR AND CITY COUNCIL CITY OF O ASSO FROM: ANA Ca STAGG PUBLIC WORKS DIRECTOR SUBJECT- 9 I INTERCHANGE IMPROVEMENTS DATE: August 4, 2005 BACKGROUND: Included in the Capital Improvements Plan, the project consists of widening and permanent signalization at the U.S. Highway 169 (north ramp) and E. 961h Street North interchange and the widening of E. 961Street North east to N. 133' East Avenue (see Attachment A), in order to complete improvements at E. 96th Street North and N. 1291h East Avenue constructed under The Home Depot Development Agreement. On July 20, 2004, City Council awarded the construction contract to Becco Construction, Inc., Tulsa, Oklahoma in the total amount of $1,183,113.76. Interim inspections were made periodically during the contract as each element of the work was completed. On April 4, 2005, the roadway was opened to traffic as the project achieved substantial completion (see Attachment B). Becco Contractors continues to work on the correction of minor deficiencies found during field inspections. It is expected that all deficiencies will be corrected within the next 30 days. Previous interim payments to the contractor amounted to $953,702.09 excluding retainage. It is expected that a final payment request in the amount of approximately $170,000 — which includes quantity adjustments plus return of all retained monies — will be submitted in August 2005 following completion of the final inspection. ALLOWANCE ALLOCATION AND I+INAL PAYMENT: The work was awarded as a unit price contract where the quantities presented in the Bid Form were estimated based on expected conditions and used solely for the purpose of comparison of bids. It was therefore anticipated that a quantity adjustment be made at final payment to reflect actual quantities provided. Funding for final quantity adjustment, and other necessary changes, was included under the Project Allowance Line Item ($75,000) listed in the Bid Tabulation. East 96th Street North and HWY 169 Interchange Improvements Page 2 of 2 The following items are adjustments of quantities based on unit prices bid for items included in the contract: Quantltd Description Unit Unit Cost Acli99M9At_ Total SOD SY $ 1.10 7,094 $ 7,095.10 ASPHALT A TON $ 27.00 156 $ 4,212.81 ASPHALT B TON $ 33.00 79 $ 2,602.38 BACKFILL CY $ 40.00 (234) $ (9,370.00) WARNING LIGHT SD $ 0.55 9,394 $ 5,166.70 SIGNAL REPROGRAMMING LS $ 5,450.00 1 $ 5,450.00 SLOPE RECONSTRUCTION LS $ 5,001.00 1 $ 5,001.00 Subtotal $ 20,157.99 ALLOWANCE LS $ 75,000.00 (1) $ (75,000.00) Total $ (54,842.01) Although a Final Pay Request has not been submitted, it is estimated that final quantity adjustments would likely result in a decrease to the contract amount. The final payment request is expected to include additional invoicing - not included above - for modification made to the traffic -signals to comply with an Oklahoma Department of Transportation requestmadein July 2005, for an additional $3,000. R-ECOMMENDATIONS: Staff will recommend Council acceptance of E. 961h Street North and HWY 169 Interchange Improvements and authorization for final payment to BECCO Contractors, Inc., following submittal of Final Pay Request and completion of all punch -list items. ATTACHMENTS: A. Site Plan B. City of Owasso Letter dated April 4, 2005 C. DRAFT Final Payment 2 Owasso Public Works DepaTlinent Engincerin a Div. P.O. I �'o Owasso, OK 74055 918.2'172.4959 �-JAIW. Cityofo�a S80. Coll -I APPENDIX A EAST 96TH i STREET NORTH AND HIGHWAY 169 INTERCHANGE 0 s Avenue P.O. Box 180 Owasso, OK 74055 April 4, 2005 Mr, Ed Smith President BECCO Contractors, Inc, P.O. Box 9159 Tulsa, OK 74157-0159 The City Wi4hout Limits. i� SUBJECT: East 961h Street North and US HWY 169 Intersection Improvements Dear Mr. Smith: On --behalf of the community of Owasso, please accept our heartfelt appreciation for the completion of construction improvements at East 96th Street North and US HWY 169 significantly ahead of schedule. We would like to express special thanks to your superintendent Jerry Hancock for his exceptional diligence and superior customer service skills. The City received may praises from neighboring residents commending Mr. Hancock on his benevolence and gentleness. Please consider this correspondence as approval of substantial completion. And once again, thank you and your staff for your expeditious work. We look forward to another swift, record - breaking completion for the Garnett Road improvements project. Do not hesitate to contact me directly at 918-272-4959 if I may ever be of assistance to you. Sincerely, OWASSO PUBLIC WORKS DEPARTMENT A ZaC. S t a P.E. �_ C gg9 -_— -- Public Works Director cc: J.B. Alexander, Public Works Project Manager Tim Rooney, Asst. City Manager Jerry Hancock, BECCO Contractors APPLICATION AND CERTIFICATE FOR PAYMENT Page One of TO: (Owner) Contract Date: _ Application FROM: (Contractor) C Period To:J - ___-- nn�� aa 0 DistributionTo: Owner Architect 0 PROJECT: t. rta-Irt" Contractor Engineer CONTRACT FOR: CONTRACTOR'S APPLICATION FOR PAYMENT e Application is made for payment, as shown below, in connection with the Contract. Continuation sheet is attached. 1. Original Contract Sum ® 2. Net Change by Change Orders 1 Contract Sum to Date (Line 1 & 2) , /t e 74 ® 4. Total Completed & Stored to Date ® (Column G on Continuation Sheet) 5. Retainage: a. % of Completed Work $ ® (Column D & E on Continuation Sheet) - FINAL b. % of Stored Material $ e (Column F on Continuation Sheet) Total Retainage (Line 5a & 5b) $ e 6. Total Earned Less Retainage (Line 4 less Line 5 Total) 9 7. Less Previous Certificates for Payment $ o AGREEMEN 0604 00300 - Paae 8 of 15 8. CURRENT PAYMENT DUE 9. Balance to Finish, Plus Retainage (Line 3 less Line 6) CHANGE ORDER SUMMARY: ADDITIONS T T DEDUCTIONS T T The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief, the WORK covered by this Application for payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. B Date: - m®' STATE OF OKLAHOMA ) ) SS COUNTY OF 777� ) Subscribed and sworn to before me this / day of yJ Notary ubljc Oklahoma OFF I ILL SEAL (SEAL) SHELL IBLE TULSA COUNTY Notary Public COMMISSION #00013874 a"O7 Comm. Exp. 09-16-2008 My Commission Expires: q - % b 0001& _ AGREEMEN 6604 i 00300 -_Page 9 of 15 ARCHITECT'S / ENGINEER'S CERTIFICATE FOR PAYMENT In accordance with the contract documents, based on on -site observations and the date comprising the above application, the Architect/Engineer certifies to the Owner that to the best of the Arch itect/s/Engineer's knowledge, information and belief, the Work has progressed as indicated, the quality of the Mork is in accordance with the Contract Documents, and the Contractor is entitled to payment of the amount certified. AMOUNT CERTIFIED $ 1 U6 S s (Attach explanation if amount certified differs from the amount applied for.) ARCI IITECT / -�NGINEER: By: Date: 7f f m This certificate is not negotiable. The AM ii-T RTIFIED is payable only to the contractor named herein. Issuance, payment and acceptance of payment without prejudice to any rights of the Owner or Contractor under this Contract. _ AGREEMENT 0604 00300 - Page 10 of 15 �a Sheet 5 of CERTIFICATION OF CONTRACTOR To the best of my knowledge and belief, I certify that all items, units, quantities and prices of work and material shown on the face of Sheet(s) I -- 4 of this Periodical Estimate are correct, that all work has been performed and ma ' terials supplied in full accordance with the terms and conditions of the corresponding construction contract documents between The Owner and BECCO Contractors,Inc., and all authorized changes thereto; that the following is a true and correct statement of the contract account up to and including the 'Last day of the period covered by this estimate and that no part of the 'Amount Due this Estimate' has been received: (a) Total Amount Earned To Date ....................... 1120094.61 (b) Retainage Percentage ................................... 0.00 (c) Total Earned less Retainage ........................... 1120094.61 (d) Total Previously Paid ....... ........................ — 953702.09 (e) Amount Due this Estimate ... .......................... 166392.52 I further certify that all claims outstanding against BECCO Contractors, Inc. for labor, materials and expendable equipment employed in performance of said contract have been paid in full in accordance with the requirements of said contract, except such outstanding claims as are listed below or on an attached sheet which statement contains all claims against the contractor which are not yet paid including all disputed claims and any claims to which the contractor has or will assert any defense. gJ&eZ!a2,LC -, (Contractor) (BY) (Tittle) CERTIFICATE OF THE ENGINEERS We certify that we have verified this Periodical Estimate, and that to the best of our knowledge and belief it is a true and correct statement of work performed and materials supplied by the contractor, and that the contractor's certified statement of his account and the amount due him is correct and just, and that all work and materials included in this Periodical Estimate have been performed in full accordance with the terms and conditions of the corresponding construction contract documents and authorized changes thereto. (Name) (Date) (By) (Title) REMARKS: CITY OF OWASSO Sheet OF -5 PERIODICAL ESTIMATE FOR PARTIAL PAYMENT 0 -FIAJ4L CONTRACT: 207 FOR PERIOD: 04/01/2005 TO: 04/30/2005 INCLUSIVE DESCRIPTION OF CONTRACT: 96TH ST.N. AND 129TH CONTRACT PRICE: 1183113.76 CONTRACTOR: BECCO Contractors, Inc. P.O.Box 9159 'Tulsa, OK '741,57-0-1-59 Item 4 Description Quant. DETAILED ESTIMATE Unit Est. Unit Cost Cost Units To Date Total To Date 1 CLEARING & GRUBBING 1.00 LS 7000.00 7000.00 1.00 7000.00 100 2 UNCL.EXCAVATION 9069.00 CY 6.00 54414.00 9069.00 54414.00 100 3 SALV.TOPSOIL 1,00 LS 15000.00 I5000.00 1.00 15000.00 100 4 TEMP.BALE BARRIER - TY. 420.00 LF 2.00 840.00 0.00 0.00 0 5 TEMP.SILT FENCE 3380.00 LF 1.00 3380.00 3121.00 3121.00 92 6 TEMP.SEDIMENT REMOVAL 196.00 CY 10.00 1960.00 104.00 1040.00 53 7 DITCH LINER PROTECTION 495.00 LF 1.10 544.50 495.00 544.50 100 8 SOLID SLAB -SOD 9442.00 SY 1.10 10386.20 16536.00 18189.60 175 9 SEEDING METHOD A 2.00 AC 800.00 1600.00 0.00 0.00 0 10 TEMP.INLET SED.FILTER 1. 11.00 EA 50.00 550.00 11.00 550.00 1.00 11 AGGREGATE BASE TY.A 5130.00 CY 20.00 102600.00 5130.00 102600.00 100 12 SUBGR.METHOD B 13328.00 SY 0.50 6664.00 13328.00 6664.00 100 13 SEPARATOR FABRIC 21656.00 SY 0.80 17324.80 21656.00 17324.80 100 14 TBSC - TY.E 900.00 TN 10.00 9000.00 897.00 8970.00 100 15 TACK COAT 2376.00 GAL 1.00 2376.00 2389.00 2389.00 101 16 PRIME COAT 5069.00 GAL 0.10 506.90 0.00 0.00 0 17 ASPH.CONC.TY.A (PG64-22 1080.00 TN 27.00 29160.00 1236.03 33372.81 114 18 ASPH.CONC.TY.B (PG64-22 1406.00 TN 33.00 46398.00 1484.86 49000.38 106 19 9 1/211 PC CONC.PAVT. 10576.00 SY 27.00 285552.00 10604.00 286308.00 100 20 9 1/211 HES PCC PAVT. 400.00 SY 29.00 11600.00 400.00 11600.00 100 21 611 PC CONC.PAVEMENT 765.00 SY 24.00 18360.00 765.00 18360.00 100 22 COLD MILL BIT.PAVEMENT 340.00 SY 6.00 2040.00 331.00 1986.00 97 23 FOG SEAL 34.00 GAL 1.00 34.00 0.00 0.00 0 24 CLSM BACKFILL 300.00 CY 40.00 12000.00 65.75 2630.00 22 25 CL.0 CONCRETE 155.00 CY 175.00 27125.00 153.22 26813.50 99 26 CONC.CURB 4"MTBL-INT. 1169.00 LF 3.00 3507.00 1172.00 3516.00 100 27 CONC.CURB 611BARR-INT. 2086.00 LF 4.00 8344.00 2091.00 8364.00 100 28 11611COMB.0 & G 611 BARRI 898.00 LF 10.00 8980.00 901.00 9010.00 100 29 411 CONC.SIDEWALK 438.00 SY 20.00 8760.00 494.00 9880.00 113 30 611 CONC.DRIVEWAY (HES) 129.00 SY 30.00 3870.00 129.00 3870.00 100 31 411 CONC.DIVIDING STRIP 113.00 SY 17.00 1921.00 115.00 1955.00 102 32 MANHOLE 41 DIA. 4.00 EA 1000.00 4000.00 4.00 4000.00 100 33 MH FRAME & COVER 9.00 EA 300.00 2700.00 9.00 2700.00 100 34 INL.CICI DES.2STD W/AC 4.00 EA 3400.00 13600.00 4.00 13600.00 100 35 INL.CICI DES.2 STD 3.00 EA 1300.00 3900.00 3.00 3900.00 100 36 REINF.CONC.DROP INLET 1.00 EA 1400.00 1400.00 1.00 1400.00 100 SUB -TOTAL 727397.40 730072,59 Sheet �2` OF -5 DETAILED ESTIMATE Item Unit Est. Units Total # Description Quant. Unit Cost Cost To Date To Date o 37 -INLET FRAME & GRATE 14.00 EA 250.00 3500.00 14.00 3500,00 100 38 CAST IRON CURB INLET 14.00 EA 200.00 2800.00 14.00 2800.00 100 39 MH ADJ TO GRADE 2.00 EA 500.00 1000.00 2.00 1000.00 100 40 VALVE BOX. ADJ.TO GRADE 2,00 EA 150.00 300.00 2.00 300.00 100 41 FIRE HYD.RESET 2.00 EA 2000.00 4000.00 2.00 4000.00 100 42 VALVES RESET 2,00 EA. 150.00 300.00 2.00 300,00 100 43 WATER METERS RESET 2.00 EA 250.00 500.00 2.00 500.00 100 44 15" RCP, CL.III 437.00 LF 25.00 1.0925.00 437.00 10925,00 100 45 18" RCP, CL.III 90.00 LF 29.00 2610.00 90.00 26-0.00 100 46 24" RCP, CL.III 83.00 LF 38.00 3154.00 83.00 3154.00 100 47 TY.A6 CULV.END TREATMEN 1.00 EA 600.00 600.00 1.00 600.00 100 48 TY.A4 CULV.END TREATMEN 1.00 EA 500.00 500.00 1.00 500.00 100 49 15" PREFAB END SEC. 1.00 EA 400.00 400.00 1.00 400.00 100 50 18" PREFAB END SEC. 1.00 EA 500.00 500.00 1.00 500.00 100 51 HEADWALL - 15" 1.00 EA 600.00 600.00 1.00 600.00 100 52 HEADWALL - 24" 1.00 EA 1000.00 1000.00 1.00 1000.00 100 53 4" PERF-PUD RND 2522.00 LF 3.00 7566.00 2498.00 7494.00 99 54 4" N-PERF-PUD RND 94,00 LF 4.00 376.00 95.00 380.00 101 55 PUD COV.MATL. 145.00 CY 30.00 4350.00 144.00 4320.00 99 56 TRENCH EXCAVATION 637.00 CY 7.00 4459.00 637.00 4459.00 100 57 STD.BEDDING MATL 54.00 CY 22.00 1188.00 54.00 1188.00 100 58 REM.STR. & OBSTR. 1.00 LS 20000.00 20000.00 1.00 20000.00 100 59 REM.CONC.CURB & GUTTER 1894.00 LF 3.00 5682.00 1894.00 5682.00 100 60 REM.CONC.PAVEMENT 1586.00 SY 4.00 6344.00 1586.00 6344.00 100 61 REM.ASPH.PAVEMENT 7236.00 SY 2.00 14472.00 7237.00 14474.00 100 62 REM.CONC.DIVIDING STRIP 164.00 SY 4.00 656.00 164.00 656.00 100 63 SAW PAVEMENT 4141.00 LF 1.50 6211.50 4130.00 6195.00 100 64 SGL.BEAM GDRL (W-BEAM) 572.00 LF 16.00 9152.00 630.00 10080.00 110 65 GDRL.ANCHOR TY.A 2.00 EA 1500.00 3000.00 2.00 3000.00 100 66 GDRL.ANCHOR TY.B 1.00 EA 500.00 500.00 1.00 500.00 100 67 GDRL.ANCHOR TY.D-BF) 3.00 EA 1100.00 3300.00 3.00 3300.00 100 68 REM.& RECONST.FENCE 220.00 LF 20.00 4400.00 220.00 4400.00 100 69 REM.& RESET MAILBOX 8.00 EA 100.00 800.00 4.00 400.00 50 70 FIELD OFFICE 1.00 EA 1000.00 1000.00 0.00 0.00 0 71 MOBILIZATION 1.00 LS 16000.00 16000.00 1.00 16000.00 100 72 STAKING 1.00 LS 17000.00 17000.00 1.00 17000.00 100 73 CONT.QUAL.CONTROL & TES 1.00 LS 7000.00 7000.00 1.00 7000.00 100 73A TRAFFIC OPERATIONS 0.00 0.00 0.00 0.00 0.00 0 74 PRECAST MED.BAR.PORTABL 300.00 LF 8.00 2400.00 300.00 2400.00 100 75 RELOC.OF PORT.MED.BARRI 300.00 LF 4.00 1200.00 300.00 1200.00 100 76 DELIVER PORT.MED.BARRIE 300.00 LF 10.00 3000.00 300.00 3000.00 100 77 3"PVC SCH40 COND.TRENCH 320.00 LF 11.00 3520.00 119.00 1309.00 37 78 3" PVC SCH 40 COND.BORE 100.00 LF 22.00 2200.00 260.00 5720.00 260 79 CONC.PULL BOX SIZE II 4.00 EA 140.00 560.00 3.00 420.00 75 80 STR.CONCRETE 15.00 CY 330.00 4950.00 18.80 6204.00 125 81 REINF.STEEL 1908.00 LB 1.30 2480.40 2032.00 2641.60 106 82 32'MH POLE 40'TS/10'LMA 1.00 EA 4700.00 4700.00 1.00 4700.00 100 83 32'MH POLE 45'TS/10'LMA 1.00 EA 5400.00 5400.00 1.00 5400.00 100 84 321MH POLE 55'TS/10'LMA 2.00 EA 7300.00 14600.00 2.00 14600.00 100 SUB -TOTAL 211155.90 213155.60 Sheet �3� OF -5 DETAILED ESTIMATE Item Unit Est. Units Total # Description Quant. Unit Cost Cost To Date To Date o 85 l/C #6 AWG ELEC.CONDUCT 100.00 LF 3.00 300.00 0.00 0.00 0 86 l/C410 ELEC.CONDUCTOR 1680.00 LF 0.40 672.00 1418.00 567.20 84 87 DETECTION SYS.(VIDEO) 2.00 EA 26000.00 52000.00 2.00 52000.00 100 88 1 WAY 3 SEC.ADJ.SIG.HD 8.00 EA 400.00 3200.00 8.00 3200.00 100 89 1 WAY 5 SEC.ADJ.SIG.HD 5,00 EA 650.00 3250.00 5.00 3250.00 100 90 8" BACKPLATE 12"HDS(B-1 8,00 EA 70,00 560.00 8.00 560.00 100 91 5" BACKPLATE 12"HDS(B-2 5.00 EA 83.00 415.00 5,00 415.00 100 92 5/C TRAF.SIG.ELEC.CABLE 850.00 LF 0.65 552.50 886.00 575.90 104 93 7/C TRAF.SIG.ELEC.CABLE 425.00 LF 0.85 361.25 360.00 306.00 85 94 15/C TRAF.SIG.ELEC.CABL 545.00 LF 1.40 763.00 462.00 646.80 85 95 21/C TRAF.SIG.ELEC.CABL 250.00 LF 1.65 412.50 213.00 351.45 85 96 SHEET ALUM.SGINS 91.00 SF 14.00 1274.00 91.00 1274.00 1.00 97 MAST MTD.SIGNS(ALUM) 78.00 SF 28.00 2184.00 78.00 2184.00 100 98 2 1/4" SQ.TUBE POST 180.00 LF 10.00 1800.00 180.00 1800.00 100 99 TRAF.STRIPE (4")(PLASTI 20456.00 LF 0.35 7159.60 23293.00 8152.55 114 100 TRAF.STRIPE (ARROW)(PLA 24.00 EA 60.00 1440.00 24.00 1440.00 100 101 TRAF.STRIPE (WORDS)(PLA 3.00 EA 110.00 330.00 4.00 440.00 133 1.02 CONST.TRAF.STRIPE (PAIN 15306.00 LF 0.11 1683.66 15300.00 1683.00 100 103 REMOVABLE PAV,MARK TAPE 15729.00 LF 0.75 11796.75 15729.00 11796.75 100 104 PAV.MARK REM.(TRAF.ST.) 15000.00 LF 0.22 3300.00 15000.00 3300.00 100 105 PAV.MARK REM.(SYMBOLS) 16.00 EA 30.00 480.00 16.00 480.00 100 106 REM.TRAF.SIGNAL EQUIP. 1,00 LS 2200.00 2200.00 1.00 2200.00 100 107 REM.EXIST SIGNS 5.00 EA 28.00 140.00 5.00 140.00 100 108 REM.&RESET GRND MTD.SIG 18.00 EA 55.00 990.00 18.00 990.00 100 108A TRAFFIC SIGNING 0.00 0.00 0.00 0.00 0.00 0 109 CONST.SIGN 0-6.25 SF 2190.00 SD 0.80 1-752.00 1938.00 1550.40 88 110 CONST.SIGNS 6.26-15.99 1825.00 SD 0.80 1460.00 2895.00 2316.00 159 111 CONST.SIGNS 16+ SF 11315.00 SD 0.30 3394.50 6187.00 1856.10 55 112 BARRICADES TY.II 2190.00 SD 0.55 1204.50 0.00 0.00 0 113 BARRICADES TY.III 1490.00 SD 0.80 1192.00 3140.00 2512.00 211 1.14 WING BARRICADES 3650.00 SD 0.55 2007.50 2185.00 1201.75 60 115 VERT.PANELS 21900.00 SD 0.20 4380.00 4641.00 928.20 21 116 WARNING LIGHT TY.A 2190.00 SD 0.55 1204.50 11584.00 6371.20 529 117 WARNING LIGHT TY.0 24820.00 SD 0.02 496,40 20916.00 418.32 84 118 DRUMS 21900.00 SD 0.20 4380.00 21699.00 4339.80 99 119 FLAGGER 243.00 FD 10.00 2430.00 224.00 2240.00 92 119A WATER LINE RELOCATION 0.00 0.00 0.00 0.00 0.00 0 120 SELECT BORROW 18.00 CY 20.00 360.00 18.00 360.00 100 121 12"PVC AWWA C900 CL.150 950.00 LF 22.00 20900.00 948.00 20856.00 100 122 24" COND.BORED 78.00 LF 190.00 14820.00 78.00 14820.00 100 123 1 1/2" COND.BORED 26.00 LF 26.00 676.00 26.00 676.00 100 124 1 1/2" COND.TRENCH 134.00 LF 8.50 1139.00 135.00 1147.50 101 125 3/4" COPPER TY.K 194.00 LF 6.70 1299.80 195.00 1306.50 101 126 12" GATE VALVE 3.00 EA 1400.00 4200.00 3.00 4200.00 100 127 3 WAY FIRE HYD. 4.51BUR 1.00 EA 2000.00 2000.00 1.00 2000.00 100 128 2"AIR REL.VLV.ASSY &VAU 1.00 EA 3000.00 3000.00 1.00 3000.00 100 999 INDIRECT 0.00 0.00 0.00 0.00 0.00 0 MH130 321POLE 40'TS 1.00 EA 3429.00 3429.00 0.00 0.00 0 MH131 32'POLE 451TS 1.00 EA 4117.00 4117.00 0.00 0.00 0 SUB -TOTAL 177106.46 1.69852.42 Sheet 4� OF5 DETAILED ESTIMATE Item Unit Est. Units Total $ Description Quant, Unit Cost Cost To Date To Date o MH132 321POLE 551TS 2.00 EA 5148.00 10296,00 0.00 0.00 0 W01 INSTALL. 4 LUMINARIES 1.00 LS 1564.00 1564.00 1.00 1564.00 100 W02 'T'EMP.REPROGRAM SIGNAL 1.00 LS 5450.00 5450.00 1.00 5450.00 100 SUB-TOTAI, 17310,00 7014.00 Sheet 1 SUB-IOTA-L 727397.40 730072059 Sheet 2 SUB --TOTAL 211155.90 2131-55.60 Sheet 3 SUB -TOTAL 177106.46 169852.42 ® GRAND TOTAL 1.132969.76 1120094.61 AIA DOCUMENT G 703 AIA DOCUMENT G702, APPLICATION AND CERTIFICATE FOR PAYMENT, CONTAINING CONTRACTOR'S SIGNED CERTIFICATION IS ATTACHED, IN TABULATIONS BELOW, AMOUNTS ARE STATED TO THE NEAREST DOLLAR. USE COLUMN 1 ON CONTRACTS WHERE VARIABLE RETAINAGE FOR LINE ITEMS MAY APPLY. PAGE 2 OF 2 APPLICATION NO: 8 APPLICATION DATE: 4/1/2005 PERIOD TO: 4/30/2005 CONTRACTOR PROJ. NO: 207 A B C D E F G H I ITEM DESCRIPTION OF WORK SCHEDULED WORK COMPLETED MATERIALS TOTAL % BALANCE RETAINAGE FROM'PREVIOUS THIS PERIOD NO. VALUE PRESENTLY COMPLETED AND (G/C) TO FINISH I APPLICATION STORED TO DATE STORED TO DATE (C-G) (D + E) (NOT IN D OR E) (D+E+F) 1 CLEARING & GRUBBING $ 71000.00 $7,000.00 $0.00 $ 7,000.00 100.0% $ $ 2 UNCLASS EXCAVATION $ 54,414.00 $54,414.00 $0.00 $ 54,414.00 100.0% $ $ 3 TY A TOPSOIL $ 15,000.00 $15,000.00 $0.00 $ 15,000.00 100.0% $ $ 4 TEMP BALE BARRIER $ 840.00 $0.00 $0.00 $ - 0.0% $ 840 00 $ 5 TEMP SILT FENCE $ 3,380.00 $3,121.00 $0.00 $ 3,121.00 9-2 3% $ 259.00 $ 6 TEMP SEDIMENT REMOAL $ 1,960.00 $1,040.00 $0.00 $ 1,040.00 53.1% $ 920.00 $ 7 DITCH LINER PROTECTION $ 544.50 $544.50 $0.00 $ 544.50 100.0% $ - $ 8 SOLID SLAB SOD $ 10,386.20 $0.00 $18,189.60 $ 18,189.60 175.1% $ (7,803.40) $ 9 SEEDING METHOD A $ 1,600.00 $0.00 $0.00 $ 0.0%1 $ 1,600.00 $ 10 TEMP INLET SED FILTER TY 1-A $ 550.00 $550,00 $0.00 $ 550.00 100.0% $ - $ 11 AGG BASE TY A $ 102,600.00 $1''02,600.00 $0.00 $ 102,600.00 100.0% $ $ 12 SUBGRADE METHOD B $ 6,664.00 $6,664.00 $0.00 $ 6,664.00 100.0% $ $ 13 SEPARATOR FABRIC -SC $ 17,324.80 $17,324.80 $0.00 $ 17,324.80 100.0% $ $ 14 TB TY E $ 9,000.00 !$8,970.00 $0.00 $ 8,970.00 99.7% $ 30.00 $ 15 TACK COAT $ 2,376.00 $1,621.00 $768.00 $ 2,389.00 000.5% $ (13.00) $ 16 PRIME COAT $ 506.90 $0.00 $0.00 $ - 0.0% $ 506.90 $ 17 ASPH TY A 64-22 $ 29,160.00 $30,395.79 $2,977.02 $ 33,372.81 114.4% $ (4,212.81) $ 18 ASPH TY B 64-22 $ 46,398.00 $49,000.38 $0.00 $ 49,000.38 105.6% $ (2,602.38) $ 19 9.5" PC CONC PVMT $ 285,552.00 $2'86,308.00 $0.00 $ 286,308.00 100.3% $ (756.00) $ 20 9.5" HES CONC PVMT $ 11,600.00 $11,600.00 $0.00 $ 11,600.00 100.0% $ $ 21 6" PC CONC PVMT $ 18,360.00 $18,360.00 $0.00 $ 18,360.00 100.0% $ - $ 22 COLD MILLING BIT PVMT $ 2,040.00 $1,986.00 $0.00 $ 1,986.00 97.4% $ 54.00 $ 23 FOG SEAL $ 34.00 $0.00 $0.00 $ - 0.0% $ 34.00 $ 24 CLSM BACKFILL $ 12,000.00 $560.00 $2,070.00 $ 2,630.00 21.9% $ 9,370.00 $ 25 CLASS C CONC $ 27,125.00 $26,813.50 $0.00 $ 26,813.50 98.9% $ 311.50 $ 26 4" MNT CURB INTERGRAL $ 3,507.00 ' 3,516.00 $0.00 $ 3,516.00 100.3% $ (9.00) $ 27 6" BARR CURB INTERGRAL $ 8,344.00 $8,364.00 $0.00 $ 8,364.00 100.2% $ (20.00) $ 28 1'6" CURB & GUTTER 6" BARR $ 8,980.00 $9,010.00 $0.00 $ 9,010.00 100.3% $ (30.00) $ 29 4" CONC SIDEWALK $ 8,760.00 $9,880.00 $0.00 $ 9,880.00 112.8% $ (1,120.00) $ 30 6" CONC DRIVEWAY HES $ 3,870.00 $3,870.00 $0.00 $ 3,870.00 100.0% $ - $ 31 4" CONC DIVIDING STRIP $ 1,921.00 $1,955.00 $0. 00 $ 1,955.00 101.8% $ (34.00) $ 32 MANHOLE 4' DIA $ 4,000.00 $4,000.00 $0.00 $ 4,0 00.00 100.0% $ $ 33 MH FRAME & COVER $ 2,700.00 $2,700.00 $0.00 $ 2,700.00 100.0% $ $ 34 INLET CICI DES 2 W/ ACCESS MH $ 13,600.00 $,13,6 00.00 $0.00 $ 13,600.00 100.0% $ $ 35 INLET CICI DES 2 $ 3,900.00 $3,900.00 $0.00 $ 3,900.00 100.0% $ $ 36 REINF CONC DROP INLET $ 1,400.00 $1,400.00 $0.00 $ 1,400.00 100.0% $ $ 37 INLET FRAME & GRATE $ 3,500.00 $3,500.00 $0.00 $ 3,500.00 100.0% $ - $ 38 CICI $ 2,800.00 $2,800.00 $0.00 $ 2,800.00 100.0% $ $ 39 MH ADJ TO GRADE I $ 1,000.00 $1,000.00 $0.001 1 $ 1,000.00 1100.0% $ $ Page 1 of 4 CONTINUATION SHEET AIA DOCUMENT G 703 PAC:= 2 nF - -ulvl- 1 -4, -rUM 1 lulu Alvu U=rt 1 1 t r Vtt HAYIVItN I. GUN I AIMING CONTRACTOR'S SIGNED CERTIFICATION IS ATTACHED. IN TABULATIONS BELOW, AMOUNTS ARE STATED TO THE NEAREST DOLLAR. USE COLUMN 1 ON CONTRACTS WHERE VARIABLE RETAINAGE FOR LINE ITEMS MAY APPLY APPLICATION NO: 8 APPLICATION DATE: 4/1/2005 PERIOD TO: 4/30/2005 CONTRACTOR PROJ. NO: 207 A B C D E F G H - ---!-ITEM NO. DESCRIPTION OF WORK SCHEDULED VALUE WORK COMPLETED MATERIALS PRESENTLY STORED TO DATE (NOT IN D OR E) TOTAL COMPLETED AND STORED TO DATE (D+E+F) % (G/C) BALANCE TO FINISH (C-G) RETAINAGE FROM PREVIOUS APPLICATION (D + E) THIS PERIOD 40 411 42 43 44 45 46 47 48 VALVE BOX ADJ TO GRADE FIRE HYDRANT RESET VALVES RESET IWATER METERS RESET 15" RCP 18" RCP 24" RCP TYPE A6 CET TYPE A4 CET $ 300.00 $ 4,000.00 $ 300.00 $ 500.00 $ 10,925.00 $ 2,610.00 $ 3,154.00 $ 600.00 $ 500.00 $300.00 $4,000.00 $300.00 $500.00 $10,925.00 $2,610.00 $3,154.00 $600.00 $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $ 300.00 $ 4,000.00 $ 300.00 $ 500.00 $ 2,610.00 $ 3,154.00 $ 600.00 $ 500.00 100.0% 100.0% 100.0% 000.0% 0 100.0% 100.0% 100.0% 100.0% $ $ $ - $ $ $ $ $ $ $ $ $ $ $ $ $ 49 15" PREFAB CULVERT END SECTION $ 400.00 $400.00 $0.00 $ 400.00 1 00.0% $ $ 50 18" PREFAB CULVERT END SECTION $ 500.00 $500.00 $0.00 $ 500.00 100.0% $ $ 51 HEADWALL 15" $ 600.00 1 $600.00 $0.00 $ 600.00 100.0% $ $ 52 HEADWALL24" $ 1,000.00 $1,000.00 $0.00 $ 1,000.00 100.0% $ $ 53 4" PERF PIPE UNDERDRAIN $ 7,566.00 $7,494.00 $0.00 $ 7,494.00 99.0% $ 72.00 $ 54 4" NON PERF PIPE UNDR $ 376.00 $380.00 $0.00 $ 380.00 101.1% $ (4.00) $ 55 PIPE UNDR COVER M T RL $ 4,350.00 $4,320.00 $0.00 $ 4,320.00 99.3% $ 30.00 $ 56 TRENCH EXCAVATION $ 4,459.00 $4,459.00 $0.00 $ 4,459.00 100.0% $ - $ 57 STD BEDDING MATERIAL $ 1,188.00 $1,188.00 $0.00 $ 1,188.00 100.0% $ $ 58 REMV OF STIR & OBSTRUCTIONS $ 20,000.00 $20,000.00 $0.00 $ 20,000.00 100.0% $ Is 59 REMV CONC CURB &GUTTER $ 5,682.00 $5,682.00 $0.00 $ 5,682.00 100.0% $ $ 60 REMV OF CONC PVMT $ 6,344.00 $6,344.00 $0.00 $ 6,344.00 100.0% $ - $ 61 62 63 REMV OF ASPH PVMT REMV OF CONC DIVIDING STRIP SAWING PVMT $ 14,472.00 $ 656.00 $ 6,211.50 $14,474.00 $656.00 I$6,195.00 $0.00 $0.00 $0.00 $ 14,474.00 $ 656.00 $ 6,195.00 100.0% 100.0% 99.7% $ (2.00) $ $ 16.50 $ $ $ 64 65 BEAM GUARDRAIL W/ BEAM SINGLE GUARDRAIL ANCHOR UNIT TY A $ 9,152.00 $ 3,000.00 $10,080.00 $3,000.00 $0.00 $0.00 $ 10,080.00 $ 3,000.00 110.1% 100.0% $ (928.00) $ $ $ 66 GUARDRAIL ANCHOR UNIT TY B $ 500.00 $500.00 $0.00 $ 500.00 100.0% $ $ 67 GUARDRAIL ANCHOR UNIT TY D-BF $ 3,300.00 $3,300.00 $0.00 $ 3,300.00 100.0% $ $ 68 69 REMOVE & RECONSTRUCT FENCE REMOVE & RESET MAILBOX $ 4,400.00 $ 800.00 $4,400.00 $200.00 $0.00 $200.00 $ 4,400.00 $ 400.00 100.0% 50.0% $ $ 400.00 $ $ 70 FIELD OFFICE $ 1,000.00 $0.00 $0.00 $ - 0.0% $ 1,000.00 $ 71 72 MOBILIZATION STAKING $ 16,000.00 $ 17,000.00 $16,000.00 $17,000.00 $0.00 $0.00 $ 16,000.00 $ 17,000.00 100.0% 100.0% $ $ $ $ 73 CONTRACTORS QUALI , Y CONTROL & TESTING `"""- ROADWAY TOTAL $ 7,000.00 $7,000.00 $0.00 $0.00 $0.00 $ 7,000.00 100.0% $ $ 74 PRECAST MEDIAN BARRIER PORT TYPE $ 2,400.00 $2,400.00 $0.00 $ 2,400.00 100.0% $ $ 75 RELOCATE PORT MEDIAN BARRIER $ 1,200.00 $1,200.00 $0.00 $ 1,200.00 100.0% $ $ 76 DELIVER PORT MEDIAN BARRIER $ 3,000.00 $3,000.00 $0.00 $ 3,000.00 100.0% $ $ 77 3" PVC SCH 40 CONDUIT TRENCHED $ 3,520.00 $1,309.00 $0,00 $ 1,309.00 37.2% $ 2,211.00 $ Page 2 of 4 CONTINUATION SHEET AIA DOCUMENT G 703 PAi,F 9 nF 9 non ---N I --. Hl,-Ll Ai EUIN NINU l.Ct( I IY IL:H! E 3 UN HAY MEN 1, GUN I AINING CONTRACTOR'S SIGNED CERTIFICATION IS ATTACHED. IN TABULATIONS BELOW, AMOUNTS ARE STATED TO THE NEAREST DOLLAR, USE COLUMN 1 ON CONTRACTS WHERE VARIABLE RETAINAGE FOR LINE ITEMS MAY APPLY. APPLICATION NO: 8 APPLICATION DATE: 4/1/2005 PERIOD TO: 4/30/2005 CONTRACTOR PROJ. NO: 207 A B C D E F G H I ITEM N0. DESCRIPTION OF WORK SCHEDULED VALUE WORK COMPLETED MATERIALS PRESENTLY STORED TO DATE (NOT IN D OR E) TOTAL COMPLETED AND STORED TO DATE (D+E+F) % (G/C) BALANCE TO FINISH (C-G) RETAINAGE FROM'PREVIOUS APPLICATION (D + E) THIS PERIOD 78 79 80 81 82 83 84 3" PVC SCH 40 CONDUIT BORED CONC PULL BOX SIZE 2 STR CONCRETE RE1NF STEEL 32' MH POLE 407S & 101MA M 32' H POLE 457S & 10'LMA 32' MH POLE 557S & 10'LMA $ 2,200.00 $ 560.00 $ 4,950.00 $ 2,480.40 $ 4,700.00 $ 5,400.00 $ 14,600.00 $5,720.00 $420.00 $4,950.00 $2,480.40 $4,700.00 $5,400.00 $14,600.00 $0.00 $0.00 $1,254.00 $161.20 $0.00 $0.00 $0.00 $ 5,720.00 $ 420.00 $ 6,204.00 $ 2,641.60 $ 4,700.00 $ 5,4 00.00 $ 14,600.00 260.0% 75.0% 125.3% 106.5% 100.0% 100.0% 100.0% $ (3,520.00) $ 140.00 $ (1,254.00) $ (161.20) $ $ $ $ $ $ $ $ $ $ 85 1/C NO. 6 AWG ELEC CONDUCTOR $ 300.00 $0.00 $0.00 $ - 0.0% $ 300.00 $ 86 1/C NO 10 ELEC CONDUCTOR $ 672.00 $567.20 $0.00 $ 5 77.20 84.4% $ 104.80 $ 87 DETECTION SYSTEM VIDEO $ 52,000.00 $52,000.00 $0.00 $ 52,000.00 100.0% $ - $ 88 1 WAY 3 SEC ADJ SIGNAL HEAD MAST ARM MT $ 3,200.00 $3,200.00 $0.00 $ 3,200.00 100.0% $ $ 89 1 WAY 5 SEC ADJ SIGNAL HEAD MAST ARM MT $ 3,250.00 $3,250.00 $0.00 $ 3,250.00 100.0% $ $ 90 8" BACKPLATE 12" HDS $ 560.00 $560.00 $0.00 $ 560.00 100.0% $ $ 91 5" BACKPLATE 12" HDS $ 415.00 $415.00 $0.00 $ 415.00 100.0% $ $ 92 5/C TRAFFIC SIGNAL ELEC CABLE $ 552.50 $575.90 $0.00 $ 575.90 104.2% $ (23.40) $ 93 7/C TRAFFIC SIGNAL ELEC CABLE $ 361.25 $306.00 $0.00 $ 306.00 84.7% $ 55.25 $ 94 15/C TRAFFIC SIGNAL ELEC CABLE $ 763.00 $646.80 $0.00 $ 646.80 84.8% $ 116.20 $ 95 21/C TRAFFIC SIGNAL ELEC CABLE $ 412.50 $351.45 $0.00 $ 351.45 85.2% $ 61.05 $ 96 SHEET ALUM SIGNS $ 1,274.00 $0.00 $1,274.00 $ 1,274.00 100.0% $ - $ 97 MAST ARM MOUNTED SIGNS ALUM $ 2,184.00 $2,184.00 $0.00 $ 2,184.00 100.0% $ $ 98 2.25 SQ TUBE POSTS $ 1,800.00 $0.00 $1,800.00 $ 1,800.00 100.0% $ $ - 99 TRAFF STRIPE PLAST4" $ 7,159.60 $0.00 $8,152.55 $ 8,152.55 113.9% $ (992.95) $ 100 TRAFF STRIPE PLAST ARROWS $ 1,440.00 $0.00 $1,440.00 $ 1,440.00 100.0% $ - $ 101 102 TRAFF STRIPE PLAST WORDS CONST TRAFF STRIPE PAINT $ 330.00 $ 1,683.66 $0.00 $198.00 $440.00 $1,485.00 $ 440.00 $ 1,683.00 133.3% 100.0% $ (110.00) $ 0.66 $ $ 103 REMVABLE PVMT MARKING TAPE 4" $ 11,796.75 $0.00 $11,796.75 $ 11,796.75 100.0% $ - $ 104 PVMT MARKING REMOVAL TRAFF STRIPE $ 3,300.00 $440.00 $2,860.00 $ 3,300.00 100.0% $ $ 105 PVMT MARKING REMOVAL SYMBOLS $ 480.00 $0.00 $480.00 $ 4&0.00 100.0% $ $ 106 REMV OF TRAFFIC SIGNAL EQUIPMENT $ 2,200.00 $2,200.00 $0.00 $ 2,200.00 100.0% $ $ 107 REMV OF EXISTING SIGNS $ 140.00 $140.00 $0.00 $ 140.00 100.0% $ $ 108 REMV & RESET GROUND MOUNTED SIGNS $ 990.00 $0.00 $990.00 $ 990.00 100.0% $ $ "'.."TRAFFIC OPERATIONS $0.00 $0.00 109 CONST SIGNS 0 - 6.25 $ 1,752.00 $1,550.40 $0,00 $ 1,550.40 88.5% $ 201.60 $ 110 1111 CONST SIGNS 6.26 - 15.99 CONST SIGNS 16 - 32.99 $ 1,460.00 $ 3,394.50 $2,316.00 $1,856.10 $0.00 $0.00 $ 2,316.00 $ 1,856.10 158.6% 54.70/. $ (856.00) $ 1,538.40 $ $ 1121 BARRICADES TY 2 $ 1,204.50 $0.00 $0.00 $ - 0.0% $ 1,204.50 $ 113 114 BARRICADES TY 3 WING BARRICADES $ 1,192.00 $ 2,007.50 $2,512.00 $1,201.75 $0.00 $0.00 $ 2,512.00 $ 1,201.75 210.7% 59.9% $ (1,320.00) $ 805.75 $ $ 115 IVERTICAL PANELS $ 4,380.00 $928.20 $0.00 $ 928.20 21.2% $ 3,451.80 $ Page 3 of 4 AIA DOCUMENT G 703 AIA DOCUMENT G702, APPLICATION AND CERTIFICATE FOR PAYMENT, CONTAINING CONTRACTOR'S SIGNED CERTIFICATION IS ATTACHED, IN TABULATIONS BELOW, AMOUNTS ARE STATED TO THE NEAREST DOLLAR. USE COLUMN 1 ON CONTRACTS WHERE VARIABLE RETAINAGE FOR LINE ITEMS MAY APPLY. PAGE 2 OF 2 APPLICATION NO: 8 APPLICATION DATE: 4/l/2005 PERIOD TO, 4/30/2005 CONTRACTOR PROD. NO: 207 A B C D E F G H i ITEM NO DESCRIPTION OF WORK SCHEDULED VALUE WORK COMPLETED MATERIALS PRESENTLY STORED TO DATE (NOT IN D OR E) TOTAL COMPLETED AND STORED TO DATE (D+E+F) % (G/C) BALANCE TO FINISH (C-G) RETAINAGE FROM PREVIOUS APPLICATION (D + E) THIS PERIOD 116 WARNING LIGHT TYA $ 1,204.50 $6,371.20 $0.00 $ 6,371.20 528.9% $ (5,166.70) $ 117 WARNING LIGHT TY C $ 496.40 $418.32 $0.00 $ 418.32 84.3% $ 78.08 $ 118 DRUMS $ 4,380.00 $4,339.80 $0.00 $ 4,339.80 99.1% $ 40.20 $ 119 FLAGGER $ 2,430.00 $2,240.00 $0.00 $ 2,240.00 92.2% $ 190.00 $ ---TRAFFIC SIGNING $0.00 $0.00 120 SELECT BORROW $ 360.00 $360.00 $0.00 $ 360.00 100.0% $ - $ 121 12" PVC C900 DR 18 CLASS 150 $ 20,900.00 $20,856.00 $0.00 $ 20,856.00 99.8% $ 44.00 $ 122 24" CONDUIT BORED $ 14,820.00 $14,820.00 $0.00 $ 14,820.00 100.0% $ - $ 123 1.5" CONDUITBORED $ 676.00 $676.00 $0.00 $ 676.00 100.0% $ - $ 124 1.5" CONDUIT TRENCHED $ 1,139.00 $1,147.50 $0.00 $ 1,147.50 100.7% $ (8.50) $ 125 3/4 COPPER PIPE TY K SOFT $ 1,299.80 $1,306.50 $0.00 $ 1,306.50 100.5% $ (6.70) $ 126 12" GATE VALVE & BOX $ 4,200.00 $4,200.00 $0.00 $ 4,200.00 100.0% $ $ 127 3WAY FIRE HYDRANT $ 2,000.00 $2,000.00 $0.00 $ 2,000.00 100.0% $ $ 128 2" AIR RELIEF VALVE ASSM & VAULT $ 3,000.00 $3,000.00 $0.00 $ 3,000.00 100.0% $ $ "*`"WATERLINE RELOCATION $0.00 $0.00 129 PROJECT ALLOWANCE $ 75,000.00 $0.00 $0.00 $ - 0.0% $ 75,000.00 $ '""'PROJECT ALLOWANCE $0.00 $0.00 WD#1 LUMINARIES $ 1,564.00 $1,564.00 $0.00 $ 1,564.00 100.0% $ - $ - WD #2 TEMP SIGNAL REPROGRAMING FOR CONST $ 5,450.00 $1,362.50 $4,087,50 $ 5,450.00 100.0% $ $ 1 V i/-\L. -) 1, 1�lU, IL/.10 �) 1,U0U,000.yy J OU,4L0.0L -1) Page 4 of 4 Z ],-ILU,Uy4.b1 $ /U,UJ,3.15 $ TO. THE HONORABLE CHAIR AD TRUSTEES OWASSO PUBLIC WORKS AUTHOz,, FROM. ANA STAGG, P.E. PUBLIC WORKS DIRECTOR SUBJECT- BARNES ELEMENTARY SCHOOL, SANITARY SEWER PAYBACK AGRE EMENT DATE: August 4, 2005 BACKGROUND As part of planning for the construction of the new Barnes Elementary School, in October 2004, the Owasso School District submitted a request to the City of Owasso for a Sewer .Payback Agreement for the construction of approximately 4,600 linear feet of sewer to connect the proposed school — located at North Memorial Road and East 76th Street North — to the existing City sewer system (see Attachment A). The Agreement proposed reimbursement to the Owasso Public Schools for the construction of "sewer excess capacity" defined as the sewer capacity provided over and above that necessary to service the new school but required to meet projection for the urbanized service area as estimated by the City of Owasso Wastewater Master Plan. SANITARY SEWER AGREEMENT: On June 28, 2005, the School District submitted an Agreement for approval by the Authority (Attachment B) for reimbursement of a sum not to exceed $28,710.00. The amount is the difference between price bid for 2,871 linear feet of a 12-inch (necessary to service the school) and the required 18-inch sewer line constructed along East 76th Street North. Per the Master Plan, the service area — or sewer basin — includes approximately 423 acres as shown in the exhibit provided with the Agreement. Today, because of existing floodplain limitations, only 357 of the 423 acres are expected to be fully urbanized, and thus, the payback area for the Agreement was limited to the area outside of the flood plain. Thus, the cost per acre expected to be urbanized is approximately $80/acre. INFRASTRUCTURE INSPECTIONS® The sewer systems include 565 linear feet of 8-inch, 1,178 linear feet of 10-inch and 2,871 linear feet of 18-inch sanitary sewer line. Design for sewer systems were reviewed and approved in by the Public Works Department in December 2004. Construction work began in February 2005 and is scheduled for completion in August 2005. Barnes Elementary School Sanitary Sewer Payback Agreement Page 2 of 2 Since February 2005, Public Works Department has performed field inspections to ensure compliance with City standards. Final inspection will occur following the completion of all sewer testing to be scheduled in August 2005, Acceptance of the sewer system infrastructure by the City of Owasso is expected to occur at a regularly scheduled City Council meeting in September 2005, pending satisfactory completion of all construction work. RE COMMENDATION: Staff intends to recommend Trustee authorisation of the Chairman to execute the Agreement for Sewer Payback between the Owasso Public Schools and the Owasso Public Works Authority. ATTACHMENTS. -- A. Site Plan B. Sewer Payback Agreement THIS AG EMENT is by and between the Owasso Public Works Authority, an Oklahoma Public Trust, having its principal address at P.O. Box 180, Owasso, Oklahoma 74055, hereinafter referred to as "Authority", and Owasso Public Schools, an Oklahoma not for profit corporation, having its principal address at 1501 North Ash Street, Owasso, Oklahoma 74055, hereinafter referred to as 66Owner." WITNESS TH That for and in consideration of the terms, covenants and conditions herein set forth, said parties have agreed and hereby agree as follows: Owner has caused to be constructed at Owner's expense an eighteen -inch interceptor sewer line from an existing sanitary sewer connection point at a collection point on the western side of Ranch Creek Bridge on East 76th Street North to a point on the eastern side of Barnes Elementary, at 7809 East 76th Street North (EXHIBIT A). Owner has constructed said sewer lines in accordance with Oklahoma Department of Environmental Quality, U.S. Environmental Protection Agency, and Owasso Public Works Authority/City of Owasso standards and criteria. Owner shall provide Authority with releases of any labor or material man lien or, alternatively, a payment bond, with the Authority as co -obligee thereon, in an amount of One Hundred per (100%) of the improvement cost, as well as one (1) year Maintenance Bond in the amount of One Hundred percent (100%) of the improvement cost. The sewer was constructed within the Right of way of 76th Street North. The Authority and the Owner hereby declare the following described area as the Sanitary Sewer- Payback Area: The area north of East 76th Street North and frontage along the street of the south side that can gravity drain their sewerage to the interceptor, as shown in Exhibit "A" roughly 357.25 net acres. The City of Owasso limited its participation to the difference between price bid for a 12 inch and 1.8 inch sewer. This "excess capacity" difference in cost was $28,710.00 as shown in Section 4.3.2 (EXHIBIT B). Authority shall advise any further developers of property within the service area that connection to the sewer line, or any other use of the service line, shall require payment of $80.36 per acre. Payment shall be made to the Authority at the time of application for a construction permit to the Oklahoma Department of Environmental Quality. Upon receipt of payment, Authority shall remit same to Owner. Unless terminated sooner by mutual agreement of the parties or by repayment of the Owner's costs associated with Article 1, without interest thereon, the activities enumerated in this Agreement shall expire fifteen (15) years from the date of execution below and the maximum payout shall not exceed $28,710.00. Should little or no development take place with the fifteen (15) years and less than the $28,710.00 have been paid out, any developments that begin after fifteen (15) years time shall not pay the $80.36 per acre payback fee even if they are within the payback area. Development shall be considered when the first development permits (earth change, foundation, etc...) is granted. i This agreement shall be binding upon the assigns and successors of the parties hereto and shall not be altered without the express written consent of both parties. Attest: Sherry Bishop, Secretary Craig Thoendel, Chair Attest: Danny Henrie, Executive Director PAV IT- nlnT�c 1. CONTRACT SHALL INCLUDE COST OF BRACING UTILITY POLES IN PAY ITEM "SITE CLEARING AND RESTORING'. CONTRACTOR SHALL COORDINATE THE BRACING OF THE POLE WITH THE APPROPRIATE UTILITY COMPANY. 2. CONTRACTOR SHALL FURNISH TEMPORARY FENCING WHERE REQUIRED. COST TO BE INCLUDED UNDER PAY ITEM "SITE CLEARING AND RESTORING'. 3. THE ITEMS INLCUDE, BUTARE NOT LIMITED TO, THE REMOVAL OF ALL BUSHES, TREES, SHRUBBERY, FENCE, DRAINAGE STRUCTURES, AND THE REMOVAL OF ANY OTHER ITEM NOT PAID FOR SEPARATELY AND REQUIRED FORA COMPLETE PROJECT. ALL ITEMS REMOVED SHALL BRECOME THE PROPERTY OF THE CONTRACTOR AND SHALL BE DISPOSED OF IN A MANNER ACCEPTABLE TO THE ENGINEER WITHOUT ADDITIONAL COST TO THE OWNER. 4. UNCLASSIFIED EMBANKMENT INCLUDES ESTIMATED ONSITE VOLUME SUITABLE FOR USE IN EARTHEN BERM. 5. COST TO INCLUDE EXCAVATION AND DISPOSAL OFF SITE, IF NOT ACCEPTABLE FOR ON SITE USE, BY CONTRACTOR IN A MANNER ACCEPTABLE TO THE ENGINEER. 6. ALL EXCAVATED MATERIAL INCLUDING CONCRETE AND ASPHALT FROM DRIVEWAYS, PATCHES, SIDEWALK, PAVEMENT, AND CURB SHALL BECOME PROPERTY OF THE CONTRACTOR AND SHALL BE DISPOSED OF BY THE CONTRACTOR IN A MANNER ACCEPTABLE TO THE ENGINEER WITHOUT ADDITIONAL COSTTO THE OWNER. 7. THE ITEM "UNCLASSIFIED BORROW" REPRESENTS THE AMOUNT OF MATERIAL THAT MUST BE BROUGHT ONSITE FROM AN OFFSITE STOCKPILE. 8. PRICE BID SHALL INCLUDE ALL QUALITY CONTROLAND TESTING OF MATERIALS INCLUDING SOILS, CONCRETE, PAVEMENT, ETC. AS REQUIRED BYTHE SPECIFICATIONS OR AS DIRECTED BY THE ENGINEER. NOADDITIONAL PAYMENT WILL BE MADE. CONTRACTOR SHALL SUBMIT THE TESTING FACILITY NAME AND CREDENTIALS FOR APPROVAL BY THE CITY OF OWASSO PRIOR. TO BEGINNING CONSTRUCTION. 9. THE CONTRACTOR SHALL STRIP ALL THE AVAILABLE TOPSOIL WITHIN THE LIMITS OF CONSTRUCTION, APPROXIMATELY 6 INCHES DEEP, STOCKPILE THE MATERIAL AND REPLACE THE TOPSOIL ON THE FINISHED SLOPES OF THE GRADING SECTIONS. ALLADDITIONAL COSTS NOT COVERED IN OTHER ITEMS SHALL BE INCLUDED IN THE LUMP SUM TOPSOIL ITEM AS FOLLOWS: EXCAVATION SECTIONS: THE VOLUME OF TOPSOIL IS INCLUDED IN s HE UNCLASSIFIED EXCAVATION QUANTITIES. CONTRACTORS ARE TO REPLACE THE MATERIAL ON THE FINISHED GRADING SLOPES, IN THE LUMP SUM TOPSOIL ITEM. EMBANKMENT SECTIONS: DETERMINE THE AMOUNT OF TOPSOIL IN THESE AREAS AND INCLUDE ALL COSTTO REMOVE, STOCKPILE AND REPLACE THE MATERIAL ON THE FINISHED GRADING SLOPES, IN THE LUMP SUM TOPSOIL ITEM. 10. THIS ITEM INCLUDES THE COST OF CONSTRUCTION, MAINTENANCE AND REMOVAL OF ALL TEMPORARY MEASURES AND DEVICES TO CONTROL EROSION AND SEDIMENT WITHIN THE PROJECT LIMITS INCLUDING, BUT NOT LIMITED TO, BALE BARRIERS, SILT FENCING, BERMS, DIKES, DRAINS, AND ANY 01-HER ITEM NOT PAID FOR SEPARATELY BUT REQUIRED FOR EFFECTIVE AND CONTINUOUS EROSION AND SEDIMENT CONTROL. 11. THE PAY ITEM NO. 7 SOLID SLAB SODDING" INCLUDES QUANTITIES FOR PLACEMENT OF SOD AT EXISTING GRASS AREAS WHICH MAY BE DAMAGED DURING CONSTRUCTION OF CURBS, SIDEWALKS, DRIVEWAYS, AND OTHER MISCELLANEOUS ITEMS. 12. COST OF FERTILIZINGAND WATERING SHALL BE INCLUDED IN THE COST OF ITEM. FERTILIZER SHALL BE I0-20-10 APPLIED AT THE RATE OF 5 POUNDS PER 1000 SQUARE -FT. WATER SHALL BE APPLIED AS NECESSARY UNTIL VEGETATION IS ESTABLISHED OR UNTIL. THE WORK IS ACCEPTED AS COMPLETE. SEED TO BE EQUALMIX OF FESCUE AND BERMUDAAPPLIED AT A RATE OF.- FSCUE = 4LBSY1000 S.F BEERMUDA= 3LBS1i000S.F 13. PRICE BID FOR TYPE WAGGREGATE BASE SHALL INCLUDE THE COST OF SEPERATOR FABRIC. 14. PRICE FOR HDPE SHALL BE IN PLACE INCLUDING TRENCHING, EXCAVATION, STANDARD BEDDING, BACKFILL, AND COMPACTION. 15. TO BE APPLIED 0.15 GALLONS PER S.Y 16. CONTRACTOR SHALL RECONSTRUCT ALL PERMANENT FENCES REMOVED OR DAMAGED BY THIS PROJECT. CONTRACTOR SHALL REPLACE ALL FENCES WITH MATERIALS TO MATCH THE EXISTING FENCE. 17. CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING A STAGING AREA. 18. COST IS TO INCLUDE ALL LAYOUT WORK AND SETTING OF PERMANENTAND TEMPORARY BENCHMARKS FOR HORZONTALAND VERTICAL CONTROL. 19. CONTRACTOR SHALL RECYCLE EXISTING GRAVEL SUITABLE FOR REUSE AS AGGREGATE BASE. PAY ITEMS ITEM NO. SPEC. NO. DESCRIPTION PAY ITEM NOTES UNIT QUANTITY 1 2101 SITE CLEARING & RESTORING 1,2,3,6,16,17,18 LS 1 2 2102 A UNCLASSIFIED BORROW 7.8 CY 800 3 2102(B) UNCLASSIFIED EMBANKMENT 4.8 CY 100 4 2102 C TOPSOIL 9 CY 700 5 2103 EROSION CONTROL 10 LF 2770 6 2104 A SEEDED SURFACE 12 SY 1820 7 2104B SODDED SURFACE - 11,12 SY 1520 8 2402(A 10" FLYASH TREATED SUBGRADE CY 1146 9 2402E 3"ODOT TYPE'B'ASPHALT BY 4120 10 2402C 6" ODOTTYPE'A' AGGREGATE 13 TON 1125 11 2402(D) REUSE EXISTING AGGREGATE 5,19 TON 40 72 2402E 18" RIPRAP Wl FILTER FABRIC TON 10 13 2402(F 24' CORRUGATED HDPE PIPE 14 LF 666 14 2402 G 24" HDPE 90° BEND 14 EA 1 15 2402 H 24" HDPE END SECTION 14 EA 1 16 2402(I) ND PARKING STRIPING LF 2600 17 1-PRIME COAT 15 SY 412D 18 2403 CURB AND GUTTER LF 230 19 TESTING REQUIREMENTS 8 LS 1 20 310 3902 1-1-11JCONCRETE CY 5 GENERAL CONSTRUCTION NOTES: 1. THE CONTRACTOR SHALL COMPLY WITH ALLAPPLICABLE FEDERAL, STATE, AND LOCAL LAWS GOVERNING SAFETY, HEALTH, AND SANITATION FOR WORKERS AND THE PUBLIC. THE CONTRACTOR SHALL PROVIDE ALL SAFEGUARDS, SAFETY DEVICES, AND PROTECTIVE EQUIPMENT AND TAKE ANY OTHER NEEDED ACTION AS HIS OWN RESPONSIBILITY OR AS THE ENGINEER MAY DETERMINE REASONABLE NECESSARY TO PROTECT PROPERTYAND THE PUBLIC WELFARE IN CONNECTION WITH THE PERFORMANCE OF WORK COVERED BY THE CONTRACT, 2. ALTHOUGH SUCH WORK MAY NOT BE SPECIFICALLY INDICATED, FURNISH AND INSTALLALL SUPPLEMENTARY OR MISCELLANEOUS ITEMS, APPURTENANCES, AND DEVICES INCIDENTAL TO OR NECESSARY FOR A SOUND, SECURE, AND COMPLETE INSTALLATION. 3. ALL PUBLIC AND PRIVATE STREETS SHALL BE ACCESSIBLE TO TRAFFIC AT ALL TIMES DURING CONSTRUCTION OF THIS PROJECT. 4. EXISTING UTILITIES AND OTHER FACILITIES HAVE BEEN SHOWN ON THE DRAWINGS BASED ON FIELD SURVEYS, EXISTING MAPS, CITY ATLASES, AND OTHER DRAWINGS WITHIN THE AREA OF THE PROJECT. UTILITIESAND FACILITIES WHICH ARE NOT SPECIFICALLY LOCATED WITH ACTUAL HORIZONTAL AND VERTICAL CONTROLS ARE LOCATED APPROXIMATELY AND ACCORDING TO THE BEST AVAILABLE INFORMATION, THE CONTRACTOR SHALL DETERMINE THE EXACT LOCATION AND/OR ELEVATION OF ALL UTILITIES, PIPING, FACILITIES, AND STRUCTURES WHICH MAY PERTAIN TO OR AFFECT THE CONSTRUCTION OF THE PROJECT PRIOR TO COMMENCING WORK. 5. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ANY DAMAGE HE MAY CAUSE TO THE EXISTING UNDERGOUND UTILITIES WITHIN THE PROJECT AREAAS A RESULT OF HIS DIGGING, TRENCHING, BORING, ECT.. ANY DAMAGE TO EXISTING UTILITIES DURING CONSTRUCTION SHALL BE REPAIRED, AT THE CONTRACTOR'S EXPENSE, TO THE SATISFACTION OF THE AFFECTED UTILITY COMPANY. PRIOR TO CONSTRUCTION, THE CONTRACTOR SHALL CALL FOR A LIST OF ALL UNDERGROUND FACILITIES IN THE AREA OF CONSTRUCTION REGISTERED WITH THE "OIKIE' NOTIFICATION CENTER (800) 522-6543. wol BE Y - �:.omnxov7.ri� GENERAL CONSTRUCTION NOTES (CONT ): 8. CONTRACTOR SHALL IDENTIFY CONFLICTS BETWEEN EXISTING UTILITIES AND PROPOSED CONSTRUCTION PRIOR TO COMMENCING WORK AND REPORT TO ENGINEER. THE CONTRACTOR SHALL LOCATE OR HAVE LOCATED ALL EXISTING UNDERGROUND UTILITIES AND FACILITIES IN ADVANCE OF CONSTRUCTION AND WILL ELIMINATE OR RESOLVE ALL CONFLICTS PRIORTO CONSTRUCTION. CONTRACTOR SHALL GIVE THE NOTIFICATION CENTER OF THE OKLAHOMA ONE -CALL SYSTEM, INC. NOTICE OF ANY EXCAVATION NO SOONER THAN TEN DAYS NOR LATER THAN 48 HOURS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, PRIOR TO COMMENCEMENT OF WORK (800) 522-6543. 7. CONTRACTOR SHALL FIELD VERIFY ALL CONSTRUCTION. DIMENSIONS. 8. CONTRACTOR SHALL PROVIDE AND PRESERVE ALL CONSTRUCTION TO THE LINES, GRADES, SLOPES, AND ELEVATIONS AS SHOWN ON THESE DRAWINGS. 9. ANY DAMAGE CAUSED BY THE CONTRACTOR TO ANY STRUCTURES, SIDEWALKS, DRIVEWAYS, ROADWAY SURFACES, CURBING, STRIPING, RAISED PAVEMENT MARKERS, GUARDRAIL, AND SLOPES SHALL BE REPAIRED AT THE CONTRACTOR'S EXPENSE TO THE SATISFACTION OF THE ENGINEER. 10. WHERE MATERIALS ARE TRANSPORTED IN THE PROSECUTION OF WORK VEHICLES SHALL NOT BE LOADED BEYOND THE LOADING CAPCITY RECOMMENDED BY THE MANUFACTURER OF THE VEHICLE OR PRESCRIBED BY ANY FEDERAL, STATE, OR LOCAL LAW OR REGULATION. 11. CONTRACTOR SHALL BE RESPONSIBLE FOR PREVENTING HIS TRUCKS FROM SCATTERING DEBRIS, MUD, AND/OR SOIL ON PUBLIC ROADS. IF THIS OCCURS, THE CONTRACTOR WILL CLEAN UP DEBRIS AS REQUIRED BY THE ENGINEER LOADED HAUL TRUCKS SHALL HAVE THEIR LOADS COVERED WITH ATARPAULIN. 12. ALL EXCAVATED MATERIAL NOT REQUIRED IN OTHER AREAS OF THE PROJECT SHALL BECOME THE PROPERTY OF THE CONTRACTOR AND SHALL BE DISPOSED OF BY THE CONTRACTOR IN AN ACCEPTABLE MANNER AND WITHOUT COST TO THE OWNER 13. THE CONTRACTOR SHALL DISPOSE OF ALL EXCESS, UNSATISFACTORY OR UNSUITABLE MATERIAL IN SUCH A MANNER THATAIR POLLUTION REGULATIONS AND SOLID WASTE DISPOSAL REGULATIONS ARE NOT VIOLATED AND PRIVATE OR PUBLIC PROPERTY IS NOT INJURED OR ENDANGERED. THE CONTRACTOR MUST OBTAIN WRITTEN PERMISSION FROM THE PROPERTY OWNER IF EXCESS, UNSATISFACTORY, OR UNSUITABLE MATERIAL IS PLACED ON PRIVATE PROPERTY. IN NO CASE WILL EXCESS, UNSATISFACTORY, OR UNSUITABLE MATERIAL BE LEFT IN THE RIGHT-OF-WAY. 14. VEGETATIVE COVER SHALL BE ESTABLISHED ON ALL DISTURBED AREAS AS SOON AS PRACTICAL. 15. AREAS OUTSIDE THE LIMITS OF CONSTRUCTION THAT ARE DISTURBED BY THE CONTRACTOR'S OPERATIONS SHALL BE FINE GRADED AND RESODDED PER THESE PLANS AT THE EXPENSE OF THE CONTRACTOR. REVISION By DAi£ NATIONAL STEAK AND POULTRY DETENTION IMPROVEMENTS QUANTITY PAY ITEMS AND NOTES CITY OF OWASSO, OKLAHOMA PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION ogre; 07/25/05 s"ce No. G2 z ATA PROVIDED BY: SSOCIATES, INC. =RIDAN ROAD SUrrE 114 AROMA 7414SL 125 LEGEND ID 1-800-522-6543 N CALL OKIE t� i G . A ENGINEERING DEPARTMENT E 86tn StN tf W1:3h F, _ Pr- n YZ R r4 ¢ c '- I CI W E"— R 7 IN h - 7 cn 61 N wtl W9 A a 'IA- FLY-ule mce N m O 1 Ln p 6 E68th 6tN E 6�TnEN y =� J ll c a PROJECT DRAWING INDEX SEQ. SHEET SHEET TITLE 1 Gt COVER SHEET 2 G2 QUANTITY PAY ITEM AND NOTES 3 CI SITE PLAN 4 C2 PARTIAL SITE PLAN 5 C3 GRADING PLAN 6 C4 EROSION CONTROL PLAN 7 C5 DETENTION STRUCTURE DETAILS OKLAHOMASTANDARD SPECIFICATIONS FOR HIGHWAY CONSTRUCTION GOVERN, APPROVED BYTHE U.S. DEPARTMENT' Of TRhNSPOkTATION. ALLCONSTRUCTIONANp PAYMENT SHPLL BE STAICRY IN ACCOROPNCE WITH STANDARDSAND SPECIFICATIONS OF THE CDYOF OWASSO, PUBLIC WORKS DEPARTMENT. PLANS APPROVED BY: PUBLIC WORKS DEPARTMENT CITY OF OWASSO, OKLAHOMA 25 —O.:S-- ANA . STAG P.E. DATE PU IC WORKS DIRECTOR PLANS PREPARED BY: CYNTERGY AErC Cyntergy Engineering PL LC 3205oufh a Ion 121h= TUI$a OK 74103 916.877.6000 Fax 918-877-4000 1` ROBERT L. AY P.E. DATE OIRECTOROFCML GINEERI I HEREBY CERTIFY THAT IAM FAMILIAR WfTH THE ADOPiEO ORDINlW CES AND REGULATIONS OF THE CITY OF OWASSO GOVERNING WATER FACILTIES, SEWER FACILITIES, STREETS, AND DRAINAGE FACIUTIES; THAT THESE PLANS HAVE BEEN PREPARED UNDER MY DIRECT SUPERVISION; THE ABOVE AND THE FOREGOING COMPLY WITHALL GOVERNING ORDINANCES AND THEADOPED STANDARDS OF THE CITY OF OWASSO TO THE BEST OF MY KNOWLEDGE, WFORMATION, AND BELIEF. National Steak and Poultry Community Development Block Grant Funding Project Status Deport Page 2 of 2 H oolasrlaucTaola ooCuMElars 1=r1 6r17105 aViara 8129ro5 i —` —� PREPARATION OF SPECIFICATIONS Fri 6J17M Mon 6Y77105 i ADVERTISEMENT FOR BIDS Tue 7{2 M Mon 8/1 Sl05 BID OPENING Mon 8115/05, Mon 8/1SM5 I COUNCIL AWARD Tue 8F16105 Tue Sr16 05 B NOTICE TO PROCEED Mon 8t29/05 � grZg =1 C011STRUC IO1a Mon 8/29/05 T►yu 10/27105 START OF CONSTRUCTION Mon 8/29/05 Mon 6t29/66 g129 SUBSTANIAL COMPLETION Mon &29i05 Fri 10005 END OF CONSTRUCTION Fri 10005 Thu I M7)O5 STATUS PORT: A public bid opening is scheduled for August 15, 2005, To expedite project completion and further delay, staff will recommend Council approval and acceptance of the results of the bidding process during its regular meeting of .August 16, 2005, pending completion of all bonding requirements and securing an --agreement for construction services with the successful _bidders AT`I"ACHMENTS A. Construction Drawings D. Advertisement for Bids TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: ANA C. STAGG- 4 SUBJECT- NATIONAL STEAK AND POULTRY COMMUNITY DEVELOPMENT BLOCK PROJECT STATUS REPORT DATE. August 3, 2005 BACKGROUND: The City of Owasso has pursued opportunities to acquire grant funds to further economic development within the community. One of these opportunities is to develop storm water improvements to the existing site location of National Steak and Poultry (NSP), located on 5th Avenue in Owasso. On September 7, 2004, City Council held a public hearing for the purpose of receiving recommendations and hearing public comment relating to proposed Oklahoma Department of Commerce (ODOC) Community Development Block Grant Economic Development Infrastructure Funds for National Steak and Poultry. At the same meeting, City Council approved Resolution 2004-17 requesting ODOC assistance in securing funding for the NSP drainage project. The funds would be in the form of Community Development Block Grants, or CDBG. INCOG (Indian Nations Council of Governments) would administer the grants. NSP retained the services of Cyntergy LLC to prepare engineering drawings and cost estimates for the completion of construction improvements. The project consists of site clearing and restoring, 200 lineal feet of earthen berm for stormwater detention purposes, inlet and outlet strictures, associated piping and appurtenances as well 4120 square yards of adjacent paving and associated signing and striping. Preparation of final design documents began in late March 2005. A survey of the site was completed in April. Final design drawings were completed and reviewed late in May 2005. The project was originally scheduled to be advertised in late June with a July 21, 2005 letting. Because of irregularities in the bidding process, the project was advertised with revisions on July 26, 2005 for a bid opening on August 15, 2005. Construction is anticipated to begin in August 2005 and achieve substantial completion is 30 days. A detailed project schedule is shown below. SPARKS \Zol Nzr/ U 1997 Edition -Electronic Format AIA Document AIOI-1997 Standard Form of Agreement Between Her and Contractor where she basis of payment is a STIPULATED SUM AGREEMENT rnade asortha_ dayorpeceMbgLin theycarof2oQ4 TOS DOCUMENT WS IMPORTAUr LEGAt (hi words. h7dj`cafe day, month and ycar) CONSEQUENCES. CONSULTATION MrH AN Arrowy is wouww wait BETWEEN the Owner, RESPECT TO ffs COMPLETION OR (Xinm, m1dAw and oNfigrMomiadon) WIDIFICATION, AUMMICATION Or TMS ELECTROMCAl [Y DPAFTED AJA DOCUMNF MAY BE MADE BY USINO AiA 60CVMENT F. AIA Dawrwrit A2014997,6amral Conditions of ft Cantmd for Corafruction, is adopted in this document by refee". no not w with other - and the Contractor; 8eneraf conditions urdem tN.q documed;s (X=4 add&wandoacrinrarmation) nvdified. This d6cment has been approved and ondorsod by rho AssodAyedGmaral Tulsa, OK .7411"809 Contradorsof Anwrica. The Project it. (Nmeand fbcarfbn) TheArchitect is: eNama add imand oiharInformailon) Mit The Owner and Coumcior agree as follows. MM ARTICLE I THE CONTRACT DOCUMENTS The Contract E)qcuments cortsisi, of this Agreement, Conditiom of the Contract (General, Zt. Supplementary and other Conditions), Drawiin 5 ecificallons. Addends issuedrior to execution of this Agreement, other dcKurnents tt in this Agreement and Modicadow issued after execution of this Agreement; these roan the Contract, and are as fully a part of the Contract as it attached to this Agreement or repeated herein. The *101 ail*he Contract represents the AIA DMIMENT AIQI-1997 entire and Integrated agreement between the parties hereto and supersedes prior negotiations, OWNER -CONTRACTOR AGREEMENr representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Atticle S. The American Institute of Architects 1735 New York Avenue, N.W. ARTICLE 2 THE WORK OF THIS CONTRACT Washington, D.C. 70006-5292 7 , C0 199 y 7 Am*rIc55_Fn--s7Ft`0r6T ?Ion of its provIslont without written s and will subject the violator to legal copyright laws and will subject the produced with armisilon of the AIA and until the Tate of expiration as noted expiration as noted below. User Document: A101 EC'M, which expires on 12/30t2004. ass berries alorn.ala .. 12/d/20W04. AIA Lican * Numbar 1016991 12/15/2004 09:59 9185990665 SPARKS HAUL t7Jibt The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated In the Contract Documents to be the responsibility elf others. ARTICLE 3 DATE OF C®MMIINCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the ®wrier, (insert the date ofeart mcncemcm lflt dlffeM fiVM The dAfe ofthls Agnv cot or, !f or,pllc ride, T1,116 th 11 t%sedale W17I 11yed In a nomv to prod!) Within to IO da of raoel�t of_ ci r �r��1 �P t� Cd t THIS DOCUMENT WIMPORTANT LEW CONSE®UENCES. CONSULTATION WITH AN NTT®RNEY I a ENCO AGE® WITfl OR Tf, prior to the �cr e➢➢ce��r3t of the Work, the Owner r uir time to file mortgages, RESPECT TO ITS TI N fV1CAi1ON. AUTHENTICATION OF mechataic's liens and othe secuttty interests, the Owner's time requirementshall be as follows. THIS f1ECTRClNICAILY DRAFTED AIA DOCUMENT MAY RE MADE BY U51Nco A1A UMENT r. 12 The Contract Time shall ba measured from the date of corainencemen.t. AIA Doeutnent 7-1997,General C'ondltlom of rh# Contact for 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than Construction b adopted In this docummt by refwonca. Do nor use wlrh orhox days from the date csf cox encerr<crat, or follows: general cwNflord vrleo this d"umed /s (Insert numlvr of calendar days Ahemptive.ly, a r-ilerldxr date mar be tacd when eooardlnated as*h the date of lffed• commencement, ldnlrss stated ekewhem In the Contraci Documents, fossil any rEK a rementP for eaifler SuAll tidal C' mpkdon ofceminpogiotts ofthe work ) This docuirmw has bun approved and endorsed by the Associated domral subject to adjustments of this Contract Time as provided in the Contract Documents. Contractors of America. (Insert provisfatar, Irany, top Aqufdated damages relating tit Jag= to complete on lame or for bonus pq�vrxBents /or r/y ai pledov of'lhd w rrk.) NM—WAOWQAiAh{fe�TYi ARTICLE 4 CONTRACT SUM .1 T'he Owner shall pay the Contractor the Contract Sure in current funds for the Contractor's performance of the Contract. The Contract Sum shall b ?•en_ mil{lie one_ htlrtdrad Rb*--four ihousan elx t, ndred and n61100 Dollars 6 IQ, I64.664o0Q )e subject to additions and deductions as provided in the Contract Documents, 4,2 Ile Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby Accepted by the Owner (Stitt the nombm arvther1dwi1 z vtr ofe1twpted alte•=te& lfdecfslonc on othenthemles 4W to bo msds by th* Owner subsxywattothe oexmtflonofthkAgrwmeni,aUachasehoduleofsuchatheraltemalesshowiWthe mount larmcbmathe 610whatrthet Mftht to) Aftgmatp-e - Add as —halt iqgrl lno area and sltd lighting at North side of buildingDer 'oaf ® W' a Alternate Two ® Add motorized Onrheed Prgtection Screen - ��a in the tdt�lrTaslttrn - RQo�rr 912d �� i19diC�t®A i . tlia �'Oe:Um�t1t�, A[kmate Three w Add Roller Shade Wi2 in the M®die Center and AJMhWWLql1AMaAU9fttdUkd. 01997 ALA® AIA DOCUMENT A1o1-1997 OWNER -CONTRACTOR AGREEMENT 3 Llnit prices, if any, are as follows: The American Institute of Architects 1735 New York Avenue, N. W. 1. knit Washington, D.C. z -5292 199 r American ns ute Architects. Reproduction of the m;;terlal herein or substantial quotation of Its provisions without written permission of the AIA violates the copyrl ht laws of the united States and will subject the violator to ie al prosecution, WARNING: Uhilconsed ptotocopying violates US copyright laws and will subjacr The violator to 1®g,al prosecution, Thls docvment was electronically produced with ppermission of the AIA and can be mptoduced In accordance with your license without violation until the date of expiration as noted below, expiration as noted below, expiration as noted below, expiration as noted below. War Document; a101 owasso barnes elern.als -- 12I612004. AIA License dumber 1016991, which expires on I213W2004. 12/15/2004 09:59 9185990665 SPARKS Than days after the rmc ited receives the App ic H. for PaytnenL e 5,1e5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the etad of the period covered by the Application for Payment. 5.1,15 Subject to }`!`^ provisions Contract Documents, the amountof each progress payinent shall becomputed as !w .7 T4ke that portion of the Contract Surf' properly allocable to completed Work as determined by tnultiplying the percentage completion of each pottion of the Work by the share of the Contract Sum allocated to that portion of the Work in the .schedule of values, less retainage of W percent ( 1 Q %), Pending rinal determination of cost to the Owner of changes in the Work, arnounts not in dispute shall be included as provided in Subparagraph 7.3.8 of AIA Document .A2oz®tg�7. .2 Add that portion of life Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporatiou in the completed V 1997 by T a ammrlearo It9E iVP� G Architects, Repraduetio» of the rneteriai herein or st,Essrantial quata"on of its provisions without written permission of th® ,�tA vlolat�c rho e0pyr4ght laws of the united Pa4�9 and will aubjnet the violator to legal prostcutlaro. WARNItdG: U,rlieensed phatacr,pyir,g viol®tcs US copyright laws and will subject the vl®rotor to I®ggal presaeutl®ro. 2hls doeurmm�t was mlactronic�Uy praduend with permission of the AIA and Can be r�p�®dueed in aceordanea wi4Ft your license without violation until the dmta of *xpiratlon as noted below. expiration as noted below. explratlan as noted b®1®w. expiration as routed below. User Document: al ot o,wmasmrnR alem,ala -- 11M2004, AIA License (Number 1016991. which expires on 12/.3WOO4. AIA l twhi` A tw9997, Oenaral Conalitiarnof the Contt'eat for Cornstrtrrtlon, Is adopted In this docammf by referet . Do not use with other I1CP condi lom urdess this documury 1s difrad. a This darurvent hasbwn approved and enArwd by T1w Associated nva1 Contractors ofAmedca. AIA DOCUMENT AIOI-1997 &F,t' The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. -5292 12/15/2004 09:59 9105990665 SPARKS PAGE 05/07 construction (or, if approved in 4dvmce by the Owner, suitably stored off the site at a location agreed upon, In writing), less retainage of tgn percent ( !Vb); ,d Subtract the aggregate of preylous payments made by the Owner, and .4 Subtrad amounts, if any, for wh(ch the Architect has withheld or nullified Certificate For Payment as provided in paragraph 9,5 cif All Document A201-19yr,-f. 51.7 The progress payment anxount determined in accordance with Subparagraph 5.1.6 shall be further modified under the following circumstances' TFtJSpt UMENT HAS WonrANrLEGAL C'®NSEGUENW CONSULTA PON WITH a1 Add, upon Subslantial Completion of the Work, a sUM sUffcieuk to ffier&ue the total ANATWANEY15 ENNCOURAGDWITH payments to the fall amount of the Contract Sum, less such aniount.i as the Architect RESPECT To tTs colo/V OR shall determine for incomplete Work, NAtttnage applicable to such work and unsettled MDIFICATION.AWHENTICArim of 7145 ELEC7HOWALLY DRAFTED VA claatats®and rsubp�? 1 aph � ly ofAbl Drio nent ®xw10 Avufts relevm Prjptplfwtisle 1�►imW upon SubdwIld DOCVMENTD40Ta�E ��E �� IJSJr�G,,VA C'ompkbon of'Work with Can -Tim, nfiumly if airy ) through2 Add� if final CoMpledon of the Work is theteAfter materially delayed of The Contractor, any additional omourtLs payable in accordaricc with Subpamgral?h 9,io-3 of AIA Document A=-t997. .1.13 Reduction or liynitation of retaina e, if any, shall be as follows.- (If Pis fratendedl.dprior to Su lief Completion olirhe ettvim WaA to feduce orlfrrtlt the remf age roultAN fmm Me pacwtWo nnoned In G(aag�aes $j.f.a and yu,&g abate and this Is font aptaincd dkewhere in the C'onrimr 11r arms insw hem pmvfafoasforsuch MiU00ft orlfrn/eat on ) Except ar approral, the Contractoro payn-tenti to suppliers For waterials or delivered dA�,,f Document p�Tm7997®g'ena Condition; of the Cantra d®for Comiructfon, Is adopted in this document by tefsree. Do rat ure with odwr gewraf condlHom W ess this docu"t is modiflad final CertIficate been f by the Architect. 5,12 The Owner's fmd payment Lo the Contractor shall be made no later than 3o days alter the Issuance of the Architect's final Certificate fbr Payment, or as follows: ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by the owner'or the Contractor as provided In Article 14 of Document Azoi-t,0,97, AIA DOCUMENT i 6.2 The Work may be suspended by the Owner as e ." Article 1; of o" T OWNER -CONTRACTOR MISCELLANEOUSARTICLE 7 PROVISIONS1735 New Yorh Washlrigtoh,D.C.art y rncrlcan n5 r U to o Architects, Reproduction of the material herein or substantial quotation of It$ provl$Ions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal Prosecution. wARNIN6: Un11eansad photocopying violates us copyright laws and will subject the violator to le al prosecution. This docutnem was electronically produced with permission of the AIA and can bat rapro uc®d In accordance with your clean®® without violation until the data of expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. user 0ocurnent: a101 owaaso Barnes alam.ala — 121W2004. AIA License Number 1016991, which expires on 12M/2D04. 12/15/2004 09:59 9185990665 SPARKS PACE 06/07 7,1 Where rcfcrenec is made in this Agrcernent to a provision of AIA Document A2oi-1"7 or another Contract Document, the re(eren" refers to that provision as arnen.ded or supplerllented by other provisions of the Contract I3vcttrnen[9- 7.2 Payments duo and unpaid Under the Contract sWl bear interest from the date aYmerlt is due at the rate stated below, or hi the absence thereof, at the leggi Tate g:irevsiling rom time to time at the place when the Project is lmated, fJ--f male 01'fn felmagrftd upset, !f an7.) m,E2L 1r oio��P ti�r5 7.4 The Contractor's representative is., (dvnme, addrv.+.s.snd other information) itR.��._., .�.. .,. .� 7�5 Neither the Owner's nor the Contmaor's representAlive $hall bin changed without left otherdays written notice to the 7®6 Other provi.eirinse N=CLE 8 ENUMERATION OF x DOCUMENTS r Documents,• Modifications a after execution of this are enumerated as follows; 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor, AIA Document Aiot-i997, 8.1.2 The General Conditions are the 2997 edition of the Ge.neral Conditions of the Contract ror Construction, AIA Document &ol-1997. ' The Supplementary and ,.. Projecter Conditions or tht Contract tre those d in the d2led October L►x. and are 2s follows: Document Title Pages 00$00 � (� � �nta li��trur^tiner� 6 7, i937, 19SS, T9aH, 196T, 1963, 19®7, 5974, T977, 79aT, v 1997 y T a Amer can lnsritura o Architects, Repr�ductton of the Tnetarlal herein or substantial gvotation of Its previsions without written permi"Ion of the AtA violates the copyright law' of the United States and will subject the violator to lsgal prosacutt®n. WARNING: Unlgcansed phot®copyln� vlolatas US c®pyright laws and will subject the violator to ie ai prosecute®n. This document was electronically produced with permission of the AIA and ran b: r®prac®d in accordance with your 1lcgnse without violation unrll the dare of expiration as noted below, eupirattetl as noted below, Expiration as noted below. expiration as noted below. User Document; e1®1 Owasso s elem,ala — 12/2004. ALA License Number 1018991, which expires an 12YM004. JAMMUMMMA �( 01"Y AM AIA OCCUM ENT A 107-1997 wllwkm The; American Institute of Architnets 1735 New stork Avenue, NX Washinaron, D.C. Z e.3292 1.2/15/2004 09:59 9185990665 SPARKS PAGE 07/07 8.1.4 The Specification® are those contained In Qje Project Manual dated as in Suaragraph 8_1.3, and arc as follow; (9 Sul the S ifci onshmorreArto an cyblblt x1fat;bCd 1othisAg meat.) Section Title rl4v �y,,�b R ME SIX The Drawings are as folloWs, and are dated unlem a diffcrcnt date is shown below; (E t er list the Draw/n8.r here orrcfcx to an rxhabit onnehed to M15 A8 aatvr ld AIA Doa#wnt A2014997, ikmral Condirkta of the C'onrraet for C'omtroctiot , is adopted he, tM docarnetv by refers , to wt um with other Serxrd cond/tlom urden ft docurmto is Jfled. Portionsbidding .quirements on nog: � � a vedard "�� unless the bidding requirements are also enumerated in ibis le a. endorsed by Me Awdated Caw& Conteovoa ,;' z,4a z'g �< ..4 .,.. �. , tea: 00 OWNER (SismiuIri s, F OL Clark gtivinerintendent XL rv. EreAl�ent (frdnefcdmaarneand title) � (JWntcd rrar rand title) o1"Y AtA41 Aldo DOCUMENT Ati71®1997 OWNER-CONTRACtOR AGREEMENT The American Institute of Architects Washington. D.C. 2 6.9Z92 y e mencan ns to a o Arehit"ts. Reproduction of rha material haergin or substantlal quotation of Its provisions without wrltten permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicans®d photocopying ululates US copyright laws and will subject the violator to legal prnsaacutlon. this docvmvnt was electronically produced with pgrrnission of the AlA and can be reproduced in accordance with your licence without violation until the date of expiration as noted below. expir.wrion as norad balow. expiration as noted below. expiration as noted balow. User Document; 8101 owaSso harne5 elem.alal <m 12/6/2 . AIA License Numb-er 1016991, which expires on IV30/2004. el q!5 26 — OR.0 WIEPAL NOTES & LEMM MATE -101 N I mg PLAN ANI =LZ AA PPOI, PW` = PROF LZ at4w P94M PLMI AND PROFILE Evt-ll- Dt. VZOM LOtAYIONPPO4 Pl. AM PRWIU 01.0 m7k, aue I ... .......... OWASSO PUBLIC SCHOOLS BARNES ELEMENTARY '400 0 200 4. aa� a 11w REO IN Fl ... —IN um sa� WIN 14 RIM W SANITARY "IN WEAN New to. WITAAP mix cl .0 ........... rr ! alai^'r�''� • V/ yYA)1},ti Alt ��..// r°' t!! Mi 4//•�; i�' .1 3.�! � v � � �Yy+ � 1���Y R�, �•rb ♦M� 1'�� aYf �y � 5 Ti� A ii� I � , �+���`4�''�r� �rI �x"Ey�.�"y�'i2v�ki I��r t. �2,'~✓�� t _ A •Kaex Wyk l�iz shy. y. p a�i �, efi Sw SvY1 kt!Y. . �► STORAGE BUILDING a 'l ti •., g 804912, I ^-� NATIONAL STEAK tt ' ���• ./ AND POULTRY .''R.''• �---� / 301EAST 5th j! OWASSO, OK � I WN C11 i l � P 1 OCALL OKIE J3 8.8 RBC = 587.0 wltdllti/ll VICINTY MAP Mi EAST M STREET ON'lCS0.01QNt�NA PIPN,$ifEETC$ wmEs 1. ceNrrumoR snAu es<REsxA�sleLE FOR �AWMG RE11UIf1E0 PERNIiSPND FOR . NumMG TIE Litt PRUNi TO nIE STA{ti o.' COt19lRUCIfON. 2 (:OIFCUCTOR SHALL eE RESPIXISKfLE F00. T �PpCF�ER 01� OF ACl TRA5R SW0 3. PAVEPIEMNAfCOwG3: PNNr SHALL OEFl cNLoulwaPn ws3r-x wno. Fu rr-r-ll s. TYPEIII, FACTORY 4DFD, OUIIXDRYIHO, NCl40lF.EgNG Cd.CRT0 WTGI EM IHO NARl011GSS EEp I1m VrURFAC[T° Et➢AMATE LOOSE WTEFILLAND OUST. FPPLY PEC RONAIEM]m TEMrWrtH TONANtuFPG UMOFS IWTO,105Fti.V_ APPLT WTL}I I`—ECUIPNENTTO PRORKE UNIFCRN ST:UJCHI EIJOE3. A A11 SIIllPING SHALL BE a• vnOE S CONTRACTOR SHALL FROWE LROSION CONi110l NEA.SUp£ AS SHCWN ON SHEET G. & UNLESS EIE/AT%IH ANOARIXJNfDUR3PRE OtXERA15E SHGMM, NEW ASPHALTiCONCTiETE pHP11OE CONSiRU-rE0 TOF PLLON OR UTTER NDOTHE R CATCH SA.,TH, CURD. GUITERAISI OTHER RLWOFF COLLECt10N EYII£S M1£YI PAV£1¢]rt SLOPE SNN16C NMIMUN t.p%((NNN 06%FOR CpNCRETEiANO WILIANN 6%,UNLESS OIHEAVM1SE INgUTEO oR mREcrEo SrTrE ENOMETx T. E%UTiNO LYAN IORn ERX SHOWN APPRO%WAo YANG FOR GFNEFa1 oJFO?tMTON HLY. COMRAGTDR SHNLFt¢➢ VEWFfiHE UJ(` TON OF ALL IX45TwG UIILRES O. WGVW06AYG OEFOP-TW DIOAND ' PW-CR TO IXCAYAfK)N CALL CaOE 9-BMSR95a3 FOR uw°mcRGLw° Lrrnnr LCG1TKNaS. 0.�CIXRRALiIMSIWU_PEPA1RAM1a s:=sroRE u:Eav oE-tanvEn °lmwc mtsrnu 'rlov AT NS 01x1 EJL>♦a� 16 WNtMLROR SHALL NAINFNN }RUCK T1uFF¢AccessTo TRRtCK Doacw+o Lonnulo aREAS ArAUTwEs 11. PLLgNEN$ SPRE TO FACE OF Ct6Y3 UlAFSS OTHERW6E N0TFL.. 12 THE CONTRACTOR 8f Ili PanTECT THE P.-. PILTWE" FENGNa, BARRICM[S, EHCLOSURE3,RG CAUTION EXISTING LrRLMES II; E#1TN0InvlrA Aw IwTFnaaro rxsnry acrAlm cn Tlese F1Arnws>:eFaLrcamrroua nmrt.raawrN rzaat TIE rEcrrorttraenr a TIE mmAcmT ro vvEsv �1H rcns°mur IlfrounuLocuit>ss,scuarte.+moL.mr 0 40 80 120EtCP<RIDtm' aaeLrovx°IFcrrurunri o�.ulunnsn� acrNL dTa3enrni GRAPHIC SCALE: 1' = W NATIONAL STEAK AND POULTRY 7 DETENTION IMPROVEMENTS SITE PLAN CITY OF OWASSO, OKLAHOMA PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION DATE: 07/25105�NO C1 ------------ 7 --------- 1213141S1GI712ISMM2Z2324M=7=M Mal T—t"o 5D-YEAR STORM EVENT DETENTION POND INFORMATION TABLE ----------- III n �jj: III I` NOTE: ALL DISTURBED AREAS SHALL a 20 40 60 BE STABILIZED AND SEEDED -.d GROMIC SCALE: 1' • 20' NAMNAL STEAK AND POULTRY DETENTION WPROVEMENTS CAUTM 1"ST1110 un LEGEND GRADING PLAN Z=—== EXISTING CONTOUR CITY OF OWASSO, OKLAHOMA PROPOSED CONTOUR wnwcrm PUBLIC WORKS DEPARTMENT DIRECTION OF FLOW ENGINEERING DIVISION 07125/05 1.— C3 —T-9--r--a--s--x--e--•—s--n----11---—'-�v=�-------------------; SEEUEDAHEA SEED®AREA'-- L � BS R p � SEE0.�DAREA p p51€ 3536' 909.G5 9B f 18 y � � CCv.�>ETE RUME PPE aUR£f 3FRUI REtW-N=SW I 9PR ._....... , E.-OW.) .) 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DENHRY ', NODOT'91PES sIX.Um.E ' � ) vnl.w, ebJ DTANDPPE � bhy� � � $glib PAVILION E .1 .. �T6EaFHERM=664W ii 9[PARATDR FAOMC 9P PLYAHH TREATED SUHGRADE OR SEtECFFLLCOMPACTED - UNOIS1i1ROL0 MATFRu1 TO pS%3TANDAM PRDCICR NOTE DLNHffK 6CE NOTES RE: GRADW6 PLAN fOR u:AAE3 CF DER ADPHALTIC CgNCREFE HEOIMN C � No,Es: TYPICAL BERM SECTION ,. eEcnoNs DHnwNARE MIMMUM REDi,�RED eRunora ecsnuc usnanes eu SUOGRADE9MY PEDNItEAFMunONAI EttsiMLU[[JS6AK1 L[�lSPOiI Nis BSFGRDON'iidSE TBCWlE530R NW V1GTA'JN ORASUODPS� 0.WSHtKOSItvGimF� i>ffTAEWSpfffLtll'vt R9W2 O[M FN KrFIIE SEVFNE50LL.TIFRFItrYMV641(YPFt1ECSffRALIGR16tnFYbJMfbPIItldGLLP Cduwnpss mzf. vamrutrixlm woEw.wssmlp unREsamltno u 20 40 60 au'�mlro°�wnl1prcrru'oarn IveMEns�is��G�" p Pl eeTv+¢N swuPnrmtranwmsrsuE�itacuren¢cr�wcuw € . z teu+D> v�iacnAOE stwiae awcsiFlcu sEl.Ecr. PAcrEm mtsl�u< GRAPHIC SCALE: 1" = 20' To w%erT �D PRonoaooisnY. av01 QTANDARD bIM FDAIOtfRPNCESANO NATIONAL STEAK AND POULTRY ARD VEtA0.cTM1Tal FpNTCKFUL �'S� HY DATE a n ED QDREQ EnDE DETENTION IMPROVEMENTS TQRPAQ�Q S tlYASH TRURD 5000PMEESFIMAIE ,POE[ :p, CONS,RUTl3V CS,G RHR PARTIAL SITE PLAN 9,� AT,STO t>RRfS1ti.COM1ULfIX2 TO CITY OF OWASSO, OKLAHOMA PUBLIC WORKS DEPARTMENT _ _ DPTR�,TE�pnQQRAQE t Or I OfUE , p " ENGINEERING DIVISION £ 07125/05 s�E Nn C2 D—BED —C BE 552. 00' ----------- -,V89'48WO'E o bP C. Z' 31 23 RATIONAL STEAK AND POULTRY x 0 301 EAST 5th OWASSO, OK -X REST L<E WIRE RI NOS TO — FILTER FABNCAND --. —0 TO WTAL T—m -=.-E M==11-2 --NOTE2 SURFACE R9fNOFF !Ir. AND PLACE PADGC�� 6 -QZ—C I —CH .'M---.RO-.ill DETAIL NOTES! w�EBnE CONSTRUCTION. SURFACE RUNOFF SIDE SILT FENCE DETAIL LEGEND ERQsoim CONTROL NOTES m BTORMWATQt D m— ,,d—m7m— pw L.—D--EBTTEW­ EE MEM—B(8kT�.B-B.—)TO--T HT-- voR L— —C ��$—LBEREPO—DTOTHE O—RESPONSE DR ETOCO�--PUOL TO —ETHE FOR —1. NwGEACREAGE SUMMARY IMPERVIOUSARFA 0.93ACRE-1- SEEDED AREA 0.51ACRE+l- YYYY GRAFHIC SCALE: 7' 40' TOTAL DISTURBED 154ACREII.- NATIONAL STEAK AND POULTRY p DAB DETENTION IMPROVEMENTS J--F-EROSION C&INTROL PLAN CITY OF OWASSO, OKLAHOMA PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION C4 PLAN l—EDWwKQFWO\ o— x --M �07r . . . . . . . . . . . . SEGnONA.A Z M v�lal P-- TOP STANDPIPE DETAIL NAMNAL STEAK AND POULTRY DETENTION IMPROVEMENTS DETENTION STRUCTURE DETAILS CM' OF OWASSO, OKLAHOMA PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION NOTICE TO BIDDERS RE -BID ATTACHMENT Sealed Bids for CDBG DRAINAGE SYSTEM — NATIONAL STEAK & POULTRY DRAINAGE STRUCTURE will be received by the City of Owasso at the Owasso City hall, 1 I 1 North Main, PO Box 180, Owasso, Oklahoma 74055 until 2:00 p.m. on the 15th day of August 2005, and then at said City Hall publicly opened and read aloud. Said improvements shall include the construction of 200 lineal feet of earthen berm for stormwater detention purposes, inlet and outlet structures and associated piping and appurtenances; as well as 4120 square yards of adjacent asphalt paving and associated signage and striping. All bids must include assurances that the following provisions will be complied with: Federal Labor Standards Provisions, U.S. Department of Labor, 29 CFR, Part 5: ®Section 3 of the Housing and Urban Development Act of 1974, as amended; 12 U.S.C. 1701U, which requires that, to the greatest extent feasible, opportunities for training and employment be given lower -income residents of the project area and contract for work in substantial part by persons residing in the area of the project; * Section 109 of the Housing and Community Development Act of 1974, which assures that no person shall, on the grounds of race, color, natural origin or sex, be excluded from participation in, be denied benefits of, or be subjected to discrimination; * Certification of Non -Segregated Facilities, which assures the bidder does not maintain or provide any segregated facilities; * Equal Opportunity Provisions — Executive Order 11246, as amended, which assures non-discrimination; * Minority Business Enterprise and Women Business Enterprise provisions which encourage minority -owned businesses and women -owned business to bid on the project; ® Assurances that surety companies executing bonds appear on the Treasury Department's list and are authorized to transact business in the State where the project is located. Further information regarding specifications, and bidding documents can be obtained by contacting the Public Works Director at 272-4959 during regular working hours. The Contract Documents may be examined at the following locations: Owasso City Hall Owasso Public Works Building I I l North Main 301 W Second Ave Owasso, OK 74055 Owasso, OK 74055 (918) 376-1500 (918) 272-4959 Copies of the Contract Documents may be purchased at Owasso City Hall upon payment of Thirty Dollars ($30.00) for each set, which is the cost of reproduction and will NOT be refunded. /s/ Marcia Boutwell Marcia Boutwell, Contract Administrator July 26, 2005 TO- HONORABLE MAYOR AND CITY COUNCIL CITY OF OASSO FROM: SHERRY BISHOP FINANCE DIRECTOR SUBJECT. SUPPLEMENTAL APPROPRIATIONTO THE CAPITAL PROJECTS GRANT FUND - NSP PROJECT, CDG EDIF GRANT DATE. August 5, 2005 The Oklahoma Department of Commerce has approved grant funding for infrastructure improvements at National Steak & Poultry (NSP) through the Community Development dock Grant (CDBG) Economic Development Infrastructure funds (EDIF) program. The City has a $4,000 contract with 1NCOG for administration of this grant. The City of Owasso will not contribute any funds to the project. The $100,000 grant is matched with $10,000 from NSP. The matching funds from NSP were deposited with the City of Owasso on July 20, 2004. The INCOG contract will be paid from the NSP matching funds. 1HEMORY, The project is not included in the current budget, so a budget amendment will be necessary. Staff will request an amendment to the Capital Projects Grant fund budget increasing estimated revenues by $110,000 and increasing the appropriation for the project by $110,000. TO- R DNEV RAY, CITY MANAGER CITY OF OWASSO FROM: JULIE TROUT LOMBARDI .ITV ATTORNEY SUBJECT. ORDINANCE NO, 822 PR HIBITNG USE OF EMINENT DOMAIN FOR ECONOMIC DEVELOPMENT DATE:AUGUST 00 On June 23, 2005, the United States Supreme Court rendered a decision in Kelo v, City of New London, 125 S.Ct. 2655, which upheld a municipality's right to take private property through the exercise of eminent domain for purposes of economic development. The United State Supreme Court affirmed in Kelo the right of a municipality to acquire property from one party through eminent domain, and then to transfer that property to a second party if doing so is in furtherance of the city's economic development. The power of eminent domain. flows from the 51h Amendment of the United States Constitution, which allows government to take private property for "public use" and requires payment of "just compensation." It is well settled within our judicial system that property may only be taken from an individual by eminent domain if doing so serves a public purpose. Historically, "public purpose" has been defined by the courts to include the taking of blighted property for purposes of improvement through urban renewal, the taking of property for public ownership and other takings which resulted in clear benefit and/or use by the public. However, neither the Supreme Court nor the federal appellate courts have previously extended the definition of "public use" to include the taking of property purely for the purpose of economic development. The Supreme Court did so in Kelo, thereby empowering municipalities to expand their use of eminent domain such that property may now be taken from one party, upon payment of appropriate compensation, and transferred to another party for development which is economically advantageous to a city. The Kelo decision is controversial, and has generated concern among municipal governments, homeowners, citizens groups and property right advocates. Specifically, the Court's opinion has given rise to fear among homeowners and business owners that their property may permissibly be taken by a municipality if doing so will result in economic revitalization for the city Responsive to these concerns, Mayor Thoendel requested that staff research this issue and draft an ordinance specifically prohibiting the taking of private property through eminent domain solely for purposes of economic development by the City of Owasso. The staff has drafted a proposed ordinance for your review which prohibits the taking of property solely for purposes of economic development, DISCUSSION ISSUES. It is worthwhile to determine initially how, if at all, Kelo has actually changed the law as it relates to the taking of property through eminent domain by cities. While this decision for the first time confirms that cities may take property by eminent domain solely for purposes of economic development, Kelo did not make new law. In point of fact, the Court's opinion noted that 66promoting economic development is a traditional and long accepted function of government," Kelo at 2655 The Court further noted within its opinion that 66economic development" fulfills a r public purpose as required by the takings clause within the 5tAmendment. Given that Kelo is an affirmation of govermnent's powers to take land for economic development rather than new law, how should the City of Owasso best respond to the decision? Although the law has not substantively changed, the public's perception and awareness of this issue has markedly increased and is significant. Several potential issues relative to the issue are listed below for the Council's consideration. ® Does sufficient reason exist for the Council to take action at this time? The Supreme Court's decision is quite recent and the fullness of its effect and ramifications have yet to be seen. Is this an appropriate time for the Council to consider enaction of a prohibitive ordinance? Following the Kelo decision, the majority of cities will likely show a propensity to consider ways private property may be utilized through eminent domain for purposes of economic growth and development. While no legal prohibition obviously exists to preclude such actions, are there philosophical prohibitions or moral constraints which prevent the City of Owasso from doing likewise? Historically, cities in Oklahoma have not instituted condemnation proceedings in great abundance. Assuming this trend is altered in light of Kelo, does the Council wish to take a preemptive, prohibitive stand on this issue? Are the City's needs best served by enacting a preclusive ordinance at this time, or by deferring such action until the full force and effect of Kelo are determined through the passage of time? ® Kelo expressly reserves to the states the right to enact restrictive legislation imposing "public use" requirements exceeding those of the federal government. Two Oklahoma State legislators have formed a Joint Task Force to consider the ramifications of the Supreme Court's ruling and to discuss what types of legislation the Oklahoma legislature might enact in response. It is likely, if not guaranteed, that some type of restrictive 2 legislation will be proposed in the upcoming legislative session. Does the Council wish to enact an ordinance prior to passage of legislation by the legislature? ® Nothing within the Kelo decision abrogates the need for the Council to approve each, proposed taking of land. Consequently, the Council has the option of declining to enact a blanket ordinance and evaluating each proposed taking on a case by case basis instead. Adoption of the proposed ordinance would entirely eliminate the Council's power to take property by eminent domain, with the payment of appropriate compcnsation, and utilize the property for economic development. This ordinance would be controlling regardless of how lucrative or beneficial a proposed project might be for. the City of Owasso. Does the Council wish to place binding restrictions upon itself which would compel the Council to refuse all proposals of this type? Do potential projects exist in which the City might wish to exercise eminent domain for purposes of economic development? If a major manufacturer wished to locate in Owasso and such desire was contingent upon obtaining a particular parcel of land, would the Council desire to have the autonomy to consider the proposal on its own mcrits? Would the Council prefer that the project presumptively be declined due to an ordinance prohibiting takings of property for economic development? ® This . ordinance is narrowly tailored to prohibit takings which are solely for purposes of economic development. However, the City may increase its exposure to litigation by adopting this ordinance. Property owners whose property is taken by eminent domain for any reason may well claim that the taking is in furtherance of economic development and pursue litigation. Do the benefits of enacting an ordinance prohibiting the taking of property for economic development outweigh the potential costs of litigation? The above are issues for consideration and discussion prior to reaching a decision regarding the desirability and feasibility of the proposed ordinance. ATTACHMENTS: 1. Proposed Ordinance No. 822 � ; I BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OI LAHOMA, THAT, TO -WIT. SECTION ONE (1)a Dart Twelve, Planning, Zoning & Development, Chapter S, Eminent Domain regulations, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be enacted by providing and codifying as follows: SECTION 12-501 PROHIBITING EMINENT DOMAIN FOR ECONOMIC DEVELOPMENT A. Notwithstanding any other provision of law, neither this city not any of its subdivisions shall use eminent domain to take private property, without the consent of the owner, to be used solely for economic development. E. Economic Development -The term "economic development" shall be defined as any activity designed to increase tax revenue, the tax base, employment or the general economic health of this city, when that activity does not result in; 1.) The transfer of land to public ownership, such as for a road, hospital or government facility, or the transfer of land to public ownership which will be utilized for public use; 2.) The transfer of land to a private entity that is a common carrier, such as a railroad or utility; 3.) The transfer of property to a private entity when eminent domain will remove a harmful use of the land, such as the removal of a public nuisance, or will remove a structure that is beyond repair, blighted, or unfit for human habitation or use; 4.) The transfer of abandoned property to public ownership. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state lave. PASSED by the City Council of the City of Owasso, Oklahoma on the day of 2005. Craig Thoendel, Mayor Sherry Bishop, City Clerk APPROVED as to form and legality this day of 92005 Julie Lombardi City Attorney 7