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HomeMy WebLinkAbout2011.07.19_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular RECEIVED DATE: July 19, 2011 IJUL 15 201 TIME: 6:30 p.m. PLACE: Council Chambers, Old Central Building py C{ews ft 109 N. Birch Notice and agenda filed in the office of the City Clerk and posted at City Hall at 6:00 p.m. on Friday, July 15, 2011. Sherry Bishop ity Clerk AGENDA Call to Order Mayor Doug Bonebrake 2. Invocation Reverend Chris Tiger, First United Methodist Church 3. Flag Salute 4. Roll Call 5. Consideration and appropriate action relating to a request for City Council approval of the Consent Agenda. All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable. A. Approval of Minutes of the July 5, 2011 Regular Meeting and the July 12, 2011 Special Meeting. Attachment # 5 -A B. Approval of Claims. Attachment # 5 -13 C. Acknowledge receipt of the monthly FY 201 1 -12 budget status report. Attachment # 5 -C D. Acceptance of the Maple Glen II streets and stormwater drainage system. Attachment # 5 -D E. Acceptance of the Maple Glen II water and sanitary sewer systems. Attachment # 5 -E F. Acceptance of the Villas of Coffee Creek public infrastructure. Attachment # 5 -F Owasso City Council July 19, 2011 Page 2 G. Acceptance of the following Agreements for Urban Engineering Services: Johnson & Associates, Inc. for the Villas at Stonebridge; Anderson Engineering, Inc., for the Falls at Garrett Creek; and Darren Burns with Wallace Engineering for Life Church. Attachment # 5 -G 6. Consideration and appropriate action relating to items removed from the Consent Agenda. 7. Request to address the City Council regarding sections of the City of Owasso Code relating to driveways and parking in residential neighborhoods. Rebecca Armstrong Attachment # 7 Ms. Armstrong has requested to address the City Council regarding sections of the City of Owasso Code relating to driveways and parking in residential neighborhoods. 8. Consideration and appropriate action relating to a request for City Council approval of a budget amendment in the General Fund. Ms. Hess Attachment # 8 Staff recommends City Council approval of a budget amendment in the General Fund, Fire Services Department, increasing estimated revenues and the appropriation for expenditures by $430,452 for the purpose of funding six (6) firefighters hired through the SAFER Grant. Consideration and appropriate action relating to a request for City Council approval of the 2011 -12 contract between the City of Owasso and the Fraternal Order of Police (FOP) Lodge # 149, and authorization for the Mayor to execute the contract. Ms. Dempster Attachment # 9 Staff recommends City Council approval of the 2011-12 contract between the City of Owasso and the Fraternal Order of Police (FOP) Lodge # 149, and authorization for the Mayor to execute the contract. 10. Consideration and appropriate action relating to a request for City Council approval of an agreement between the City of Owasso and the Indian Nation Council of Governments (INCOG) and authorization for the Mayor to execute the agreement. Mr. Fritschen Attachment # 10 Staff recommends City Council approval of an agreement between the City of Owasso and INCOG, establishing the FY 2011 CDBG project through the submission of the FY 2011 Metro City Application; and authorization for the Mayor to execute the agreement. 11. Consideration and appropriate action relating to a request for City Council approval of the Reserve at Elm Creek Final Plat. Mr. Stephenson Attachment # 1 1 Staff recommends City Council approval of the Reserve at Elm Creek Final Plat. Owasso City Council July 19, 2011 Page 3 12. Consideration and appropriate action relating to a request for City Council approval of the Christian Brothers Automotive Final Plat. Mr. Stephenson Attachment # 12 Staff recommends City Council approval of the Christian Brothers Automotive Final Plat. 13. Consideration and appropriate action relating to a request for City Council approval of OZ 11 -03, a request to re -zone a tract of land located east of the northeast corner of the intersection of East 96th Street North and North Garnett Road from Agricultural to Commercial General. Mr. Stephenson Attachment # 13 Staff recommends City Council approval of OZ 1 1 -03. 14. Consideration and appropriate action relating to a request for City Council approval of OPUD 11 -01, an application for a Planned Unit Development located south of East 76th Street North between North 129th East Avenue and North 145th East Avenue. Mr. Stephenson Attachment # 14 Staff recommends City Council approval of OPUD 11 -01, a planned unit development application for Crown Colony II. 15. Consideration and appropriate action relating to a request for City Council approval of Resolution No. 2011 -06, authorizing the Mayor to execute a Right of Way, Public Utility and Encroachment Agreement for Project No. STP -172A (462) UR, Job No. 26599 (04), 106th and Garnett Intersection Improvements, between the Oklahoma Department of Transportation and the City of Owasso. Mr. Feary Attachment # 15 Staff recommends City Council approval of Resolution No. 2011-06. 16. Consideration and appropriate action relating to a request for City Council approval of Resolution No. 2011 -07 authorizing the Mayor to execute a Right of Way, Public Utility and Encroachment Agreement for Project No. STP -172A (346) IG, Job No. 24037 (04), 86th Street North Memorial Drive to Main Street Widening Project, between the Oklahoma Department of Transportation and the City of Owasso. Mr. Feary Attachment # 16 Staff recommends City Council approval of Resolution No. 2011-07. 17. Consideration and appropriate action relating to a request for City Council approval of Resolution No. 2011 -08, requesting the Oklahoma Department of Transportation (ODOT) to consider the construction phase of the East 76th Street North Improvement Project as a candidate for Federal funding assistance through the Surface Transportation Program. Mr. Stevens Attachment # 17 Staff recommends City Council approval of Resolution No. 2011-08. Owasso City Council July 19, 2011 Page 4 18. Consideration and appropriate action relating to a request for City Council approval of the Mayor's appointments to various Boards and Commissions. Mayor Bonebrake Attachment # 18 19. Report from City Manager. 20. Report from City Attorney. 21. Report from City Councilors. 22. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda.) 23. Consideration and appropriate action relating to a request for an executive session for the purpose of discussing personnel matters relating to the Office of the City Manager, such executive session provided for in O.S. 25, Section 307(B)(1). Mayor Bonebrake The City Council will meet in executive session with Mr. Ray to discuss the quarterly review of the City Manager. 24. Adjournment. OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, July 5, 2011 The Owasso City Council met in regular session on Tuesday, July 5, 2011 in the Council Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 6:00 p.m. on Friday, July 1, 2011, ITEM 1. CALL TO ORDER Mayor Bonebrake called the meeting to order at 6:32 p.m. 111liffil ��IiILLV Z • The invocation was offered by Pastor Shane Cheek of Owasso Pentecostal. ITEM 3. FLAG SALUTE Councilor Cataudella led the flag salute. ITEM 4. ROLL CALL PRESENT ABSENT Doug Bonebrake, Mayor None Bryan Stovall, Vice Mayor Steve Cataudella, Councilor Charlie Brown, Councilor Patrick Ross, Councilor A quorum was declared present. STAFF Rodney Ray, City Manager Julie Lombardi, City Attorney ITEM 5. PRESENTATION OF EMPLOYEE OF THE QUARTER Mr. Ray presented the award for Employee of the Quarter to Public Works employee Terry Ridgway and his wife Tammy. ITEM 6. PRESENTATION OF THE CHARACTER TRAIT OF CONTENTMENT Keith Wilkes, a member of the Owasso Character Council, presented to the City Council "Contentment," the Character Trait of the Month for July, 2011. ITEM 7. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF THE CONSENT AGENDA A. Approval of Minutes of the June 21, 2011 Regular Meeting, B. Approval of Claims. Owasso City Council July 5, 2011 Mr. Cataudella moved, seconded by Mr. Stovall, to approve the Consent Agenda with claims totaling $197,502.68, Also included for review were the healthcare self- insurance claims report and payroll payment report for pay period 06/18/11. YEA: Stovall, Cataudella, Bonebrake, Ross, Brown NAY: None Motion carried 5 -0. ITEM 8. CONSIDERATION AND APPROPRIATE ACTION RELATING TO ITEMS REMOVED FROM THE CONSENT AGENDA No action was required on this item. ITEM 9. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF AN AMENDMENT TO THE FY 2012 BUDGET, RE- APPROVING CONTRACT COMMITMENTS AND INCREASING THE APPROPRIATION FOR EXPENDITURES Ms. Bishop presented the item, recommending City Council approval of an amendment to the FY 2012 Budget, re- approving contract commitments and increasing the appropriation for expenditures in the General Fund in an amount not to exceed $133,793; and in the Stormwater Management Fund in an amount not to exceed $619,270. Mr, Cataudella moved, seconded by Mr. Ross, to approve the amendment to the FY 2012 Budget, re- approving contract commitments and increasing the appropriation for expenditures in the General Fund and in the Stormwater Management Fund, as recommended, YEA: Stovall, Cataudella, Bonebrake, Ross, Brown NAY: None Motion carried 5 -0. ITEM 10. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF RESOLUTION NO. 2011 -05, REQUESTING ASSISTANCE THROUGH THE TULSA COUNTY URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT Mr, Fritschen presented the item, recommending City Council approval of Resolution No, 2011- 05. Mr. Brown moved, seconded by Mr. Cataudella, to approve Resolution No. 2011 -05, as recommended. YEA: Stovall, Cataudella, Bonebrake, Ross, Brown NAY: None Motion carried 5 -0. ITEM 11, CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF ORDINANCE NO. 991, AMENDING PART 13, PUBLIC SAFETY, CHAPTER 2, FIRE DEPARTMENT, SECTION 13 -236, FUNDING FOR AMBULANCE SERVICE AND PUBLIC SAFETY, AND SECTION 13 -237, ESTABLISHMENT OF FUNDS, UTILIZATION OF REVENUES, OF THE OWASSO CODE OF ORDINANCES BY HANGING THE NAME OF THE FIRE CAPITAL FUND TO THE PUBLIC SAFETY CAPITAL FUND; INCREASING THE FEE VA Owasso City Council July 5, 2011 ASSESSED THROUGH WATER AND SEWER BILLS BY $1.00 PER MONTH PER CUSTOMER FOR A PERIOD OF TWO (2) YEARS; AND TERMINATING SAID FEE INCREASE AT THE END OF TWO (2) YEARS UNLESS EXTENDED BY ORDINANCE OF THE CITY COUNCIL Mr. Ray presented the item, recommending City Council approval of Ordinance No, 991. Mr. Ross moved, seconded by Mr. Cataudella to approve Ordinance No. 991, YEA: Stovall, Cataudella, Bonebrake NAY: Ross, Brown Motion carried 3 -2. ITEM 12, CITIZEN REQUEST TO ADDRESS THE CITY COUNCIL RELATING TO COMMUNITY IMPROVEMENT PROJECTS Mr. Frosty Turpen and Ms. Aimee Sacco presented a request for the City Council to call an election for a $25,000,000 bond issue relating to quality of life projects. ITEM 13. REPORT FROM CITY MANAGER Mr. Ray provided a report on recent City events and activities. I111u■[�ffl 71 �-Jk • r No report. ITEM 15, REPORT FROM CITY COUNCILORS Members of the City Council provided a report on recent City Council and community events and activities. ITEM 16. NEW BUSINESS None ITEM 17, ADJOURNMENT Mr. Stovall moved, seconded by Mr. Brown, to adjourn the meeting. YEA: Stovall, Cataudella, Bonebrake, Ross, Brown NAY: None Motion carried 5 -0 and the meeting was adjourned at 7:53 p.m. Klan Kamas, Minute Clerk 3 Doug Bonebrake, Mayor OWASSO CITY COUNCIL MINUTES OF SPECIAL MEETING Tuesday, July 12, 2011 The Owasso City Council met in a special meeting on Tuesday, July12, 2011 in the Council Chambers at Old Central, 109 N. Birch Street, per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 5:00 PM on Friday, July 8, 2011. ITEM 1: CALL TO ORDER Mayor Bonebrake called the meeting to order at 6:00 PM. PRESENT ABSENT Doug Bonebrake, Mayor Patrick Ross, Councilor Bryan Stovall, Vice Mayor Steve Cataudella, Councilor Charlie Brown, Councilor A quorum was declared present. ITEM 2: DISCUSSION RELATING TO ADMINISTRATIVE ITEMS A. PROPOSED BUDGET AMENDMENT IN THE GENERAL FUND, FIRE SERVICES DEPARTMENT FOR THE SAFER GRANT B. PROPOSED CONTRACT BETWEEN THE CITY AND THE FOP LODGE #149 FOR FY 2011-2012 C. PAYBACK ASSESSMENTS FOR THE 76TH STREET SANITARY SEWER INTERCEPTOR AND GARNETT REGIONAL DETENTION FACILITY Ms. Bishop presented each item and discussion was held. Ms. Bishop explained that items A and B will be placed on the July 19th City Council agenda for consideration and appropriate action. It was further explained that Item C would require City Council to formally adopt a Resolution and such would be forwarded to the City Council for consideration and appropriate action upon receipt of the final project invoices. ITEM 3: DISCUSSION RELATING TO OPERATIONAL ITEMS A. FINAL PLAT - RESERVE AT ELM CREEK B. FINAL PLAT - CHRISTIAN BROTHERS AUTOMOTIVE C. OZl 1 -03 - REZONING APPLICATION D. OPUD 1 1 -01 - PLANNED UNIT DEVELOPMENT FOR CROWN COLONY II E. BID ADVERTISEMENT - PURCHASE OF CARDBOARD COMPACTOR AND BIN F. PROPOSED AGREEMENT BETWEEN THE CITY OF OWASSO AND THE OKLAHOMA DEPARTMENT OF TRANSPORTATION FOR THE 86TH STREET WIDENING PROJECT AND THE 106TH & GARNETT INTERSECTION IMPROVEMENT PROJECT Mr. Lehr presented Items A -F and discussion was held. It was further explained that Items A -D were recommended for Council approval by the Owasso Planning Commission and that an item would be placed on the July 19th City Council agenda for consideration and appropriate action. Mr. Lehr further explained Item E: that staff has completed a cost benefit analysis of the cardboard recycling operation and is recommending the purchase of a solar powered cardboard compactor. An item could be placed on the August worksession to review any bids received; and, Item F: the staff intends to place an item on the July 19th City Council agenda for consideration and appropriate action relating to a Resolution authorizing the Mayor to execute Owasso City Council July 11, 2011 an agreement between the City of Owasso and ODOT that outlines the responsibilities of both parties in conjunction with the 86th Street Widening Project and the 106th & Garnett Intersection Improvement Project. ITEM 4: DISCUSSION RELATING TO CITY MANAGER ITEMS A. SURFACE TRANSPORTATION PROJECT FUNDING FOR THE 76TH STREET WIDENING PROJECT B. DISCUSSION RELATING TO PRIVATE STORMWATER SYSTEM IMPROVEMENT POLICY C. PROPOSED ORDINANCE - AMENDMENTS TO PART 4, ANIMAL REGULATIONS OF THE OWASSO CODE OF ORDINANCES D. DISCUSSION RELATING TO THE 2011 CDBG PROJECT E. DISCUSSION RELATING TO THE MAYOR'S APPOINTMENTS TO CITIZEN BOARDS AND COMMITTEES F. DISCUSSION RELATING TO CITIZEN PROPOSAL TO CALL A BOND ELECTION G. CITY MANAGER REPORT 1.SALES TAX REPORT A.) Mr. Stevens advised the City Council on the annual opportunity to apply for Surface Transportation Funding and the staff's recommendation to apply for funding for the construction phase of the 76th Street North Widening Project from HWY 169 to N. 129th East Avenue. Discussion was held; B.) Mr. Stevens presented proposed language for a City policy aimed at providing a method and means of prioritizing and funding requests for private stormwater facility improvement projects when the failure of such private facility poses a negative impact on the City's stormwater management facilities. The proposed language included City Council comments and suggestions taken during the June worksession. It was further explained that staff anticipates holding a community meeting to discuss the proposed policy and the comments and suggestions gathered would be placed on a future worksession agenda for discussion; C) Ms. Lombardi presented information relating to proposed amendments to the Animal Ordinances for the City of Owasso and discussion was held. She further explained that a proposed Ordinance would be brought to the Council during the September worksession for additional discussion; D.) Mr. Fritschen revisited citizen and City Council comments received during the Public Hearing and presented a recommendation and concept for a phased Skate Park Improvement Project. It was further explained that additional Council action would be necessary in order to complete the CDBG application such as approval of an agreement between the City of Owasso and INCOG for administering the grant funding. Discussion was held; E.) Mayor Bonebrake presented his nominations for appointments to the Owasso Economic Development Authority and the Capital Improvements Committee and requested an item be placed on the July 19th City Council agenda for consideration and appropriate action; F.) Mr. Ray advised, that following the citizen presentation to the Council regarding a request to call an election for a General Obligation Bond, the staff has conducted preliminary research into the process for calling an election, as well as visited with the City's bond counsel to discuss the legalities and parameters of General Obligation bonds. Discussion was held; G.) Mr. Ray provided information on the most recent sales tax receipts, provided a brief presentation on the use of the personal cameras utilized by the Police Department, and introduced Michele Dempster to provide a synopsis of the process for the annual performance evaluation of the City Manager. Owasso City Council July 11, 2011 ITEM 5: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR AN EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PERSONNEL MATTERS RELATING TO THE OFFICE OF THE CITY MANAGER, SUCH EXECUTIVE SESSION PROVIDED FOR IN O.S. 25, SECTION 307(B)(1). No action was taken on this item. ITEM 6: REPORT FROM CITY COUNCILORS No Report. ITEM 6: ADJOURNMENT Mr. Brown moved for adjournment, seconded by Mr. Stovall. YEA: Bonebrake, Cataudella, Stovall, Brown NAY: None Motion carried 4 -0. Meeting adjourned at 9:45 PM. Doug Bonebrake, Mayor Juliann M. Stevens, Deputy City Clerk Claims List 07/19/2011 Budget Unit Title Vendor Name == Payable Description jPayment Amouni GENERAL AEP /PSO ISTREET LIGHTS 15.06 TOTAL GENERAL 15.06 MANAGERIAL FLEETCOR TECHNOLOGIES FUELMAN- JUNE -2011 138.51 JPMORGAN CHASE BANK EMPLOYEE RECOGNITION 25.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 29.37 TOTAL MANAGERIAL 192.88 FINANCE JPMORGAN CHASE BANK DELL - PRINTER CARTRIDGE 136.79 CITY GARAGE PARTS -JUNE 61.45 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES 31.14 TOTAL FINANCE 229.38 HUMAN RESOURCES JPMORGAN CHASE BANK LOCKE SUPPLY -ZIP TIES 4.06 AMERICANCHECKED, INC ATTN: BILLING PRE - EMPLOYMENT BACKGROUND 612.10 JPMORGAN CHASE BANK TULSA WORLD- ADVERTISING 282.72 JPMORGAN CHASE BANK MEETING EXPENSE 18.35 JPMORGAN CHASE BANK POSITIVE PROM - SUPPLIES 104.22 JPMORGAN CHASE BANK CLAREMORE DAILY- ADVERTISI 21.00 JPMORGAN CHASE BANK OML- ADVERTISING 20.00 COMMUNITYCARE EAP EMPLOYEE ASSISTANCE PROGR 227.00 TOTAL HUMAN RESOURCES 1,289.45 GENERAL GOVERNMENT CITY OF OWASSO SELF INSURANCE FEES 100,000.00 GRAND GATEWAY ECO. DEV. ASSC. PELIVAN TRANSIT SERVICES 4,939.30 COMMUNITY PUBLISHERS INC PUBLICATIONS 25.20 COMMUNITY PUBLISHERS INC PUBLICATIONS 49.00 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES 221.76 CINTAS CORPORATION CARPET/ MAT CLEANING 33.69 TULSA COUNTY CLERK FILING FEES 54.00 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 236.04 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 31.68 HEARTLAND CONSULTING, INC CONSULTING FEES 10,500.00 TOTAL GENERAL GOVERNMENT 116,090.67 COMMUNITY DEVELOPMENT FLEETCOR TECHNOLOGIES FUELMAN- JUNE -2011 331.71 CITY GARAGE PARTS -JUNE 287.89 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 36.92 TULSA COUNTY MIS LAND RECORDS USAGE 30.00 TOTAL COMMUNITY DEVELOPMENT 686.52 ENGINEERING JPMORGAN CHASE BANK MAIL THIS - SHIPPING GRANT 33.77 JPMORGAN CHASE BANK DEO- LICENSE RENEWAL 92.00 Page 1 Claims List 07/19/2011 Budget Unit Title Vendor Name Payable Description Payment Amouni ENGINEERING... UNITED STATES CELLULAR CORPORATION CELL PHONES 58.90 CITY GARAGE PARTS -JUNE 153.39 UNIFIRST HOLDINGS LP UNIFORM SERVICES 13.20 FLEETCOR TECHNOLOGIES FUELMAN- JUNE -2011 651.30 JPMORGAN CHASE BANK ATWOODS- BOOTS /BARGAS 119.99 JPMORGAN CHASE BANK HOME DEPOT - RUBBER STOPS 8.82 JPMORGAN CHASE BANK LOCKE -LAMP REPLACEMENT 13.40 UNIFIRST HOLDINGS LP UNIFORM RENTAL 13.20 TOTAL ENGINEERING 1,157.97 INFORMATION TECHNOLOGY SUNGARD PUBLIC SECTOR INC. ANNUAL SUPPORT AGREEMENT 6,437.59 SUNGARD PUBLIC SECTOR INC. ANNUAL SUPPORT AGREEMENT 36,143.00 FLEETCOR TECHNOLOGIES FUELMAN- JUNE -2011 56.67 VERIZON WIRELESS GOBI CHIPS 76.02 JPMORGAN CHASE BANK COX -MO INTERNET FEE 1,550.00 JPMORGAN CHASE BANK AVTECH -TEMP SYSTEM 1,304.47 TOTAL INFORMATION TECHNOLOGY 45,567.75 SUPPORT SERVICES CITY GARAGE PARTS -JUNE 21.39 JPMORGAN CHASE BANK LOWES -OC FLAG POLE REPAIR 1.98 JPMORGAN CHASE BANK LOWES -WD -40 3.44 JPMORGAN CHASE BANK LOWES -HOSES 30.54 VERIZON WIRELESS GOBI CHIPS 38.01 UNIFIRST HOLDINGS LP UNIFORM SERVICES 19.25 FLEETCOR TECHNOLOGIES FUELMAN- JUNE -2011 279.51 JPMORGAN CHASE BANK FASTENAL -FLAG POLE PARTS 7.99 JPMORGAN CHASE BANK WALMART -HOSE 3.97 JPMORGAN CHASE BANK WALMART- HOSES /SPRINKLER 52.29 A PLUS SERVICE INC A/C REPAIRS AT CITY HALL 240.00 JPMORGAN CHASE BANK LOWES- SUNSCREEN FABRIC 35.12 JPMORGAN CHASE BANK SCHINDLER- ELEVATOR SERV 795.45 JPMORGAN CHASE BANK LOWES- SUPPLIES 31.86 JPMORGAN CHASE BANK LIBERTY FLAGS -SS 42.35 JPMORGAN CHASE BANK LOWES-OC WATER FILTER 32.00 JPMORGAN CHASE BANK LIBERTY FLAGS - POW /MIA 46.50 JPMORGAN CHASE BANK LOWES- CLEANING SUPPLIES 18.74 TOTAL SUPPORT SERVICES 1,700.39 CEMETERY __JFLEETCOR TECHNOLOGIES FUELMAN- JUNE -2011 189.87 VERDIGRIS VALLEY ELECTRIC COOP VVEC- CEMETARY ELECTRIC 32.22 TOTAL CEMETERY 222.09 POLICE SERVICES JAMES T. LONG TUITION REIMBURSEMENT 619.40 JPMORGAN CHASE BANK IWATERSTONE-DRY CLEANING 1,255.50 Page 2 Claims List 07/19/2011 Budget Unit Title Vendor Name Payable Description Payment Amouni POLICE SERVICES... CITY GARAGE PARTS -JUNE 3,707.92 JPMORGAN CHASE BANK PUBLIC SAFETY -METH TEST 229.39 JPMORGAN CHASE BANK OWASSO FITNESS -GYM FEE 210.00 JPMORGAN CHASE BANK PIKEPASS -MO FEES 82.09 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 115.88 OWASSO FOP LODGE #149 POLICE DEPT LEGAL DEFENSE FY12 157.50 JPMORGAN CHASE BANK WALMART- GATORADE 11.90 JPMORGAN CHASE BANK US CAVALRY -NAME PATCHES 24.57 JPMORGAN CHASE BANK RAYTECH- LOCKER 108.50 JPMORGAN CHASE BANK BEVERAGE FOR OFFICERS 7.50 FLEETCOR TECHNOLOGIES FUELMAN- JUNE -2011 10,655.05 TOTAL POLICE SERVICES 17,185.20 POLICE COMMUNICATIONS jjJPM0RGAN CHASE BANK WALMART- PRISONER MEALS 102.47 TOTAL POLICE COMMUNICATIONS 102.47 ANIMAL CONTROL JPMORGAN CHASE BANK FULLERTON- OXYGEN FOR AC 20.50 JPMORGAN CHASE BANK HORSE WAREHOUSE- SHIPPING 17.95 FLEETCOR TECHNOLOGIES FUELMAN- JUNE -2011 178.81 JPMORGAN CHASE BANK MEDVET- SUPPLIES 44.47 JPMORGAN CHASE BANK ANIMAL CARE - SUPPLIES 180.45 JPMORGAN CHASE BANK WATERSTONE -DRY CLEANING 101.40 JPMORGAN CHASE BANK 5.11 TACTICAL - UNIFORMS 219.96 JPMORGAN CHASE BANK SOUTHERN AG- SUPPLIES 142.64 JPMORGAN CHASE BANK LOWES- SUPPLIES 105.43 JPMORGAN CHASE BANK MEDVET- SURGERY SUPPLIES 10.99 JPMORGAN CHASE BANK HILLS PET - SHELTER FOOD 104.72 VERIZON WIRELESS GOBI CHIPS 76.02 JPMORGAN CHASE BANK HILLS PET - ANIMAL FOOD 54.25 JPMORGAN CHASE BANK QUARTER MASTER - UNIFORM 199.96 JPMORGAN CHASE BANK WILL RGRS ANIMAL -DOG BITE 129.85 TOTAL ANIMAL CONTROL 1,587.40 FIRE SERVICES VERIZON WIRELESS GOBI CHIPS 114.03 JPMORGAN CHASE BANK ADVANCE AUTO -OIL DRY 17.97 JPMORGAN CHASE BANK WALMART - SUPPLIES 80.04 CITY GARAGE PARTS -JUNE 190.15 JPMORGAN CHASE BANK NFPA- SUBSCRIPTION 832.50 JOHN D. HORTON REPAIRS ON LADDER 2 150.00 JPMORGAN CHASE BANK CHOE CARNIVAL - APPAREL 67.98 JPMORGAN CHASE BANK LIBERTY FLAGS -FLAGS 1,640.00 JPMORGAN CHASE BANK WALMART- CLEANING SUPPLIES 80.57 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 147.16 JPMORGAN CHASE BANK BUMPER TO BUMPER -PARTS 18.96 Page 3 Claims List 07/19/2011 Budget Unit Title Vendor Name Payable Description Payment Amouni FIRE SERVICES... JPMORGAN CHASE BANK TARGET - UNIFORM APPAREL 39.98 JPMORGAN CHASE BANK LOWES -MOUNT PARTS 29.16 JPMORGAN CHASE BANK ACADEMY - UNIFORM APPAREL 79.99 FLEETCOR TECHNOLOGIES FUELMAN- JUNE -2011 2,323.33 JPMORGAN CHASE BANK OWASSO FITNESS -GYM FEE 300.00 JPMORGAN CHASE BANK REASORS- COFFEE 10.49 JPMORGAN CHASE BANK JC PENNEY- UNIFORM APPAREL 19.99 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 450.84 TOTAL FIRE SERVICES 6,593.14 EMERGENCY PREPAREDNES VERDIGRIS VALLEY ELECTRIC COOP STORM SIREN #15 20.40 VERDIGRIS VALLEY ELECTRIC COOP STORM SIREN #14 20.40 VERDIGRIS VALLEY ELECTRIC COOP STORM SIREN #9 20.40 JPMORGAN CHASE BANK LOWES - LOCKSETS EOC 113.94 JPMORGAN CHASE BANK SAMS CLUB -EOC MONITOR 377.97 JPMORGAN CHASE BANK LOWES -EOC PAINT SUPPLIES 269.86 TOTAL EMERGENCY PREPAREDNESS 822.97 STREETS UNIFIRST HOLDINGS LP UNIFORM SERVICES 35.39 JPMORGAN CHASE BANK CAVENDERS- BOOTS /LOWER 127.99 JPMORGAN CHASE BANK CAVENDER- BOOTS/TURNER 75.95 JPMORGAN CHASE BANK AASHTO- TRAINING MATERIAL 546.00 JPMORGAN CHASE BANK LOWES -TAPE MEASURE 37.71 AMERICAN ELECTRIC POWER MAIN STREET LIGHTING 1,000.00 AMERICAN ELECTRIC POWER SILVER CREEK LIGHTING 513.00 UNIFIRST HOLDINGS LP UNIFORM RENTAL 37.09 FLEETCOR TECHNOLOGIES FUELMAN- JUNE -2011 1,691.81 SHERWOOD CONSTRUCTION CO, INC CONCRETE 207.63 ANCHOR STONE COMPANY AG BASE FOR ST 118 CT 151.20 TWIN CITIES READY MIX, INC FLOWABLE FILL FOR 118 CT 1,440.00 ANCHOR STONE COMPANY AG BASE FOR 118 CT N 153.84 CITY GARAGE PARTS -JUNE 474.63 JPMORGAN CHASE BANK GELLCO- BOOTS /RIDGWAY 116.99 JPMORGAN CHASE BANK OWASSO LUM BE R-FORM BOARDS 241.13 JPMORGAN CHASE BANK TRAFFIC LOGIX -SPEED TABLE 7,479.00 JPMORGAN CHASE BANK OWASSO LUMBER - FORMBRDS 4.95 JPMORGAN CHASE BANK ROADSAFE- BARRICADES 5,090.00 AEP IPSO STREET LIGHTS 5,503.75 TOTAL STREETS 24,928.06 STORMWATER JPMORGAN CHASE BANK P &K EQUIP -MOWER BLADES 62.88 CITY GARAGE PARTS -JUNE 1,299.11 JPMORGAN CHASE BANK P &K EQUIP- TRIMMER REPAIRS 113.96 L & M DUMPTRUCK & BACKHOE SERVICE DIRT FOR RUTS AND SOD PRE 40.00 Page 4 Claims List 07/19/2011 Budget Unit Title Vendor Name Payable Description Payment Amount STORMWATER... JPMORGAN CHASE BANK TRAVEL EXPENSE -DOYLE 29.06 JPMORGAN CHASE BANK HOME DEPOT -MOWER PARTS 1.29 JPMORGAN CHASE BANK HOME DEPOT - MORTAR MIX 7.34 JPMORGAN CHASE BANK GELLCO- BOOTS /SHADBOLT 134.99 JPMORGAN CHASE BANK TRAVEL EXPENSE -DOYLE 34.55 FLEETCOR TECHNOLOGIES FUELMAN- JUNE -2011 1,353.09 WORLEYS GREENHOUSE & NURSERY, INC TREE PRUNING /SPRAYING 695.00 UNIFIRST HOLDINGS LP UNIFORM SERVICES 40.51 UNIFIRST HOLDINGS LP UNIFORM RENTAL 40.51 JPMORGAN CHASE BANK TRAVEL EXPENSE -DOYLE 18.86 JPMORGAN CHASE BANK TRAVEL EXP -DOYLE 12.03 JPMORGAN CHASE BANK HYATT- TRAVEL EXP /DOYLE 23.46 JPMORGAN CHASE BANK CAVE N DERS-BOOTS/ELLIOT 91.99 JPMORGAN CHASE BANK CAVENDERS- BOOTS/WELLS 87.99 JPMORGAN CHASE BANK WATER PROD - MANHOLE RING 98.50 JPMORGAN CHASE BANK BROWN FARMS -SOD 480.00 JPMORGAN CHASE BANK ROADSAFE - SAFETY CONES 1,795.00 JPMORGAN CHASE BANK TRAVEL EXPENSE -DOYLE 35.12 TOTAL STORMWATER 6,495.24 PARKS JPMORGAN CHASE BANK LIBERTY FLAGS - VETERNS PRK 880.00 FOUNTAIN PEOPLE PIEZO SWITCH 190.00 KERRY W. METCALF MOW SKATE PARK JUN 2011 180.00 TUCKER CHEMICAL, INC. TUCKER - RESTROOM SUPPLIES 311.25 DAVID'S ELECTRIC, INC. FUNTASTIC LIGHTING REPAIR 80.00 JPMORGAN CHASE BANK ROBERTSON PLBG -BASIN 366.80 UNIFIRST HOLDINGS LP UNIFORM RENTAL 13.15 FLEETCOR TECHNOLOGIES FUELMAN- JUNE -2011 681.40 CITY GARAGE PARTS -JUNE 33.86 JPMORGAN CHASE BANK P &K EQUIP - WEEDEATER LINE 37.99 ROGERS COUNTY RURAL WATER DISTRICT WATER SERVICE AT CENT 179.50 UNIFIRST HOLDINGS LP UNIFORM RENTALS & CLEANIN 13.15 TOTAL PARKS 2,967.10 COMMUNITY CENTER FLEETCOR TECHNOLOGIES FUELMAN- JUNE -2011 288.58 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 116.68 TOTAL COMMUNITY CENTER 405.26 HISTORICAL MUSEUM JONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 84.10 TOTAL HISTORICAL MUSEUM 84.10 ECONOMIC DEV FLEETCOR TECHNOLOGIES FUELMAN- JUNE -2011 53.07 JPMORGAN CHASE BANK WEBSCRIBBLE- HOSTING 19.99 Page 5 Claims List 07/19/2011 Budget Unit Title Vendor Name Payable Description IPayment Amouni TOTAL ECONOMIC DEV 73.06 FUND GRAND TOTAL 228,396.1 AMBULANCE SERVICE UNITED HEALTHCARE AMBULANCE REFUND 418.69 RACHEL COURTNEY AMBULANCE REFUND 150.00 PACIFICARE AMBULANCE REFUND 539.40 AMERICAN MUNICIPAL SERVICES CORP. COLLECTION SERVICES 272.38 AMERICAN MUNICIPAL SERVICES CORP. COLLECTION SERVICES 0.01 BRADY CRAWFORD AMBULANCE REFUND 170.00 GABRIELLE BUCK AMBULANCE REFUND 160.85 KENNETH SPELDIE AMBULANCE REFUND 100.00 MARGARET LINDSEY AMBULANCE REFUND 50.00 CBA, INC AMBULANCE REFUND 616.50 BCBS REFUND RECOVERY UNIT AMBULANCE REFUND 506.63 HELEN MCLAIN AMBULANCE REFUND 50.00 TOTAL AMBULANCE SERVICE 3,034.46 AMBULANCE JPMORGAN CHASE BANK KEN KOOL -AIR CONDITIONER 239.46 JPMORGAN CHASE BANK ALLMED- SUPPLIES 835.15 JPMORGAN CHASE BANK JIM GLOVER -MEDIC 2 REPAIR 394.99 JPMORGAN CHASE BANK FULLERTON- OXYGEN 25.50 JPMORGAN CHASE BANK PSI - SUPPLIES 71.58 FLEETCOR TECHNOLOGIES FUELMAN- JUNE -2011 2,362.91 CITY GARAGE PARTS -JUNE 203.98 MEDICAL COMPLIANCE SPECIALTY INC MEDICAL WASTE DISPOSAL 114.00 MEDICAL COMPLIANCE SPECIALTY INC MEDICAL WASTE DISPOSAL 114.00 TOTAL AMBULANCE 4,361.57 FUND GRAND TOTAL 7,396.0 E911 COMMUNICATIONS INCOG -E911 E911 ADMIN SVC FEES 6,843.65 JPMORGAN CHASE BANK TOTAL RADIO -MO MAINT AGR 285.00 AT &T E911 MAPPING FEES -JULY 355.35 TOTAL E911 COMMUNICATIONS 7,484.00 FUND GRAND TOTAL 7,484.0 HOTEL TAX - ECON DEV FEDERAL EXPRESS CORPORATION SHIPPING 36.33 JOE SLITZKER EMCEE SERVICES 4TH OF JUL 113.67 TOTAL HOTEL TAX - ECON DEV 150.00 Page 6 Claims List 07/19/2011 Budget Unit Title I Vendor Name Payable Description IPayment Amouni FUND GRAND TOTAL 150.0 STORMWATER - STORMWATI JPMORGAN CHASE BANK MESHEK & ASSOCIATES, P.L.C. REID IRRIGATION - REPAIR ENGINEERING SERVICES 226.10 4,005.30 TOTAL STORMWATER - STORMWATER 4,231.40 STRM MGMT - GARNETT DET MESHEK & ASSOCIATES, P.L.C. MESHEK & ASSOCIATES, P.L.C. MESHEK & ASSOCIATES, P.L.C. ENGINEERING SERVICES ENGINEERING SERVICES ENGINEERING SERVICES 618.00 2,176.90 1,558.80 TOTAL STRM MGMT - GARNETT DETN 4,353.70 STRM MGMT - 3 LKS PD DRE[ EARTH SMART CONSTRUCTION INC ITHREE LAKES POND MAINTENA 27,900.00 TOTAL STRM MGMT - 3 LKS PD DRED 27,900.00 STORMWATER ATLAS MAPPI MESHEK & ASSOCIATES, P.L.C. JENGINEERING SERVICES 4,329.00 TOTAL STORMWATER ATLAS MAPPING 4,329.00 FUND GRAND TOTAL 40,814.1 AMBULANCE CAPITAL FD JPMORGAN CHASE BANK 14 MSTSC LICENSES FOR FD 224.00 TOTAL AMBULANCE CAPITAL FD 224.00 FUND GRAND TOTAL 224.0 PARK DEV FD -PARKS TRI-STAR CONSTRUCTION, LLC LIGHT INSTALLATION 4,000.00 TOTAL PARK DEV FD - PARKS 4,000.00 FUND GRAND TOTAL 4,000.0 CDBG - RAYOLA - CDBG -10 ITRI-STAR CONSTRUCTION, LLC PELCO PRODUCTS, INC RAYOLA PARK IMPROVEMENTS LIGHTING FOR RAYOLA PARK 39,498.25 10,998.21 TOTAL CDBG - RAYOLA - CDBG -10 50,496.46 FUND GRAND TOTAL 50,496.4 CI - 106 /GARNETT INTERSEC PSA- DEWBERRY INC IWATERLINE IMPROVEMENTS 3,195.00 TOTAL CI - 106 /GARNETT INTERSEC 3,195.00 FUND GRAND TOTAL 3,195.0 Page 7 Claims List 07/19/2011 Budget Unit Title Vendor Name Payable Description Payment Amouni CITY GARAGE JPMORGAN CHASE BANK MUSTARDSEED -SEAT REPAIR 250.00 JPMORGAN CHASE BANK WELDON- SPINDLE NUT 49.39 JPMORGAN CHASE BANK B &M EXHAUST - INSPECTION 80.00 JPMORGAN CHASE BANK UNITED FORD -PARTS RESALE 533.67 JPMORGAN CHASE BANK SHI INT'L- WINDOWS 7 123.00 JPMORGAN CHASE BANK UNITED FORD -LF WINDOW 93.79 JPMORGAN CHASE BANK LENOX WRECKER- TOWING 110.00 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 96.57 UNIFIRST HOLDINGS LP UNIFORM SERVICES 33.27 T & W TIRE, LP TRASH TRUCK TIRES 1,518.64 JPMORGAN CHASE BANK TULSA FREIGHTLINER -SEAT 649.00 JPMORGAN CHASE BANK AMERIFLEX -HYD HOSE 77.50 JPMORGAN CHASE BANK UNITED FORD -PARTS RESALE 189.05 JPMORGAN CHASE BANK UNITED FORD -PARTS RESALE 27.84 JPMORGAN CHASE BANK WELDON- RETURN CREDIT -49.39 JPMORGAN CHASE BANK UNITED FORD -PARTS RESALE 24.75 JPMORGAN CHASE BANK SHI INT'L -ADOBE LICENSE 187.00 TOTAL CITY GARAGE 3,994.08 FUND GRAND TOTAL 3,994.0 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIM PAYMEN 289.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIM PAYMEN 578.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIM PAYMEN 289.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIM PAYMEN 578.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS 342.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS 342.00 TOTAL WORKERS' COMP SELF -INS 2,418.00 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 1,270.24 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 2,033.09 UNITED SAFETY & CLAIMS INC TPA ADMIN FEES FOR WORKER 1,550.00 H. BURL COX C -9236 SETTLEMENT 10,015.50 TOTAL WORKERS' COMP SELF -INS 14,868.83 FUND GRAND TOTAL 17,286.8 CITY GRAND TOTAL $363,436.66 Page 8 CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 07/05/2011 Department Payroll Expenses Total Expenses Municipal Court 4,586.31 6,217.00 Managerial 19,360.08 26,859.86 Finance 12,518.91 19,632.34 Human Resources 6,261.91 10,301.08 Community Development 10,571.42 16,227.01 Engineering 11,009.65 16,696.36 Information Systems 9,255.16 14,641.55 Support Services 6,731.84 9,528.89 Police 137,727.81 193,854.88 Central Dispatch 15,301.19 26,080.00 Animal Control 2,348.90 3,665.55 Fire 94,339.92 140,290.75 Emergency Preparedness 2,798.43 4,559.12 Streets 6,538.35 12,370.73 Stormwater /ROW Maint. 7,010.00 10,517.01 Park Maintenance 5,667.46 8,985.01 Community- Senior Center 3,145.50 5,237.58 Historical Museum 600.00 673.68 Economic Development 2,826.92 3,740.10 General Fund Total 358,599.76 530,078.50 Garage Fund Total 4,103.60 6,799.08 Ambulance Fund Total 24,526.00 36,517.27 Emergency 911 Fund Total - Worker's Compensation Total 1,963.42 2,330.58 Strong Neighborhoods 2,077.12 3,140.81 Garnett Detention Pond 400.00 445.12 CITY OF OWASO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 7/19/11 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE ADMIN FEES DENTAL DEPT TOTAL VSP VISION MEDICAL SERVICES VISION DEPT TOTAL HEALTHCARE SELF INSURANCE FUND TOTAL AMOUNT 16,196.57 26,448.38 31,744.81 58,650.07 133,039.83 4,222.40 2,145.19 6,367.59 405.86 405.86 139,813.28 CITY OF OWASSO GENERALFUND FISCAL YEAR 2010 -2011 Statement of Revenues & Expenditures As of June 30, 2011 REVENUES: Taxes Licenses & permits Intergovernmental Charges for services Fines & forfeits Other TOTALREVENUES EXPENDITURES: Personal services Materials & supplies Other services Capital outlay TOTAL EXPENDITURES REVENUES OVER EXPENDITURES TRANSFERS IN (OUT): Transfers in Transfers out TOTALTRANSFERS NET CHANGE IN FUND BALANCE FUND BALANCE (GAAP Basis) Beginning Balance Ending Balance FUND BALANCE (Budgetary Basis) Beginning Balance Ending Balance MONTH YEAR TO -DATE TO -DATE BUDGET $ 1,555,897 $ 19,074,838 $ 19,099,143 21,517 175,578 239,300 47,022 513,292 2,363,726 36,881 517,617 513,460 57,004 807,499 778,700 2,496 138,789 403,531 1,720,817 21,227,614 23,397,860 1,021,560 12, 579, 390 13,141, 927 58,174 630,605 681,329 143,976 1,482,831 1,633,723 70,884 183,890 2,008,596 1,294,594 14, 876, 716 17, 465, 575 426,223 6,350,898 5,932,285 1,053,188 11,455,463 10,987,000 (1,487,382) (17,530,712) (17,530,743) (434,194) (6,075,249) (6,543,743) (7,971) 275,649 (611,458) 3,519,842 $ 3,795,491 2,042,256 2,042,256 $ 2,317,905 $ 1,430,798 PERCENT 99.87% 73.37% 21.72% 100.81% 103.70% 34.39% 95.72% 92.56% 90.76% 9.16% 85.18% 104.26% 100.00% 92.84% _P __ V The City 'Witriaut Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: John W. Feary Project Administrator SUBJECT: Acceptance of Streets & Storm Drainage System For Maple Glen II DATE: July 15, 2011 BACKGROUND: The subject residential development is located East of Garnett Road between 106th Street North and 116th Street North. Final inspections for the streets and storm drainage system were conducted in June of 2011 by the Owasso Public Works Department. All items identified at the final inspection requiring correction to meet City standards have been completed. As -Built drawings for the streets and storm water drainage system have been supplied to Public Works and have been approved. The construction contractors have provided the required two (2) year maintenance bond for the storm drainage system and a two (2) year maintenance bond for the streets (see attached). RECOMMENDATION: Staff recommends City Council acceptance of the Maple Glen II streets and stormwater drainage system. ATTACHMENT: A. Site Map B. Maintenance Bonds C. Developer Letter guaranteeing installation of additional paving originally designed with this phase to be completed with Maple Glen III or prior to complete building permits issued in Maple Glen II Maintenance Bond PRIVATELY FINANCED PUBLIC IMPROVEMENTS Bond No: GR17045 KNOW ALL MEN BY THESE PRESENTS, That we Developer's Paving Company as Principal (Developer and /or Contractor), and Granite Re, Inc. as Surety, are held and firmly bound unto the City of Owasso, Oklahoma, as Obligee, in the penal sum of One Hundred Thirty -Two Thousand, Five Hundred Forty -Five Dollars and 60/100--------- -- ($132,545.60) to which payment will and truly to be made, we do bind ourselves, and each of our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents. WHEREAS, the Principal will furnish a bond conditioned to guarantee, for the period of TWO YEARS after final approval of the Maple Glen II – Storm Sewer System, a privately financed public improvement, and acceptance of such by the City Council of the City of Owasso, Oklahoma, against all defects in workmanship and materials which may become apparent in such privately financed public improvement during said period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that the Principal and /or Surety shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship in the privately financed public improvement which may become apparent during the said period. SIGNED, SEALED, AND DATED: November 18, 2010 Developer's Paving Company, Principal BY: f DV- Le— Granite Re, Inc., Surety V , BY: ,Attorney -in -Fact VICKY JA IS GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: BARRY L. HERRING; CONNIE THUESON; KARLA EDMONDS; SHANNON NICHOLAS; LINDSEY BROWN; VICKY JARVIS its true and lawful Attorney -in- Facts) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: BARRY L. HERRING; CONNIE THUESON; KARLA EDMONDS; SHANNON NICHOLAS; LINDSEY BROWN; VICKY JARVIS may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary/Treasurer, this 1 s` day of October, 2009. On this 1" day of October, 2009, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Rodman A. Frates, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Rodman A. Frates were respectively the President and the Secretary/Treasurer of the GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively, of the Company. NDA L/ �oTAR RAF My Commission Expires: _ May 9, 2012 Commission #: 00005708 0 GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc, and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." I IT,NESS WH����� ERFO/•F, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this day of f\ C�, 20 �D. `µFE Re, /H --- FFF---�`°°° i S E At' odR man A' Secretary/Treasurer G R0800 -1 Kenneth D. Whittington, President STATE OF OKLAHOMA ) S E A L SS: COUNTY OF OKLAHOMA ) Rodman A. Frates, Secretary/Treasurer On this 1" day of October, 2009, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Rodman A. Frates, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Rodman A. Frates were respectively the President and the Secretary/Treasurer of the GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively, of the Company. NDA L/ �oTAR RAF My Commission Expires: _ May 9, 2012 Commission #: 00005708 0 GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc, and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." I IT,NESS WH����� ERFO/•F, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this day of f\ C�, 20 �D. `µFE Re, /H --- FFF---�`°°° i S E At' odR man A' Secretary/Treasurer G R0800 -1 -r r � Maintenance Bond PRIVATELY FINANCED PUBLIC IMPROVEMENTS Bond No: OK1007107 KNOW ALL MEN BY THESE PRESENTS, That we A & A Asphalt Inc as Principal (Developer and/or Contractor), and Oklahoma Surety Company as Surety, are held and firmly bound unto the City of Owasso, Oklahoma, as Obligee, in the penal sum of Three Hundred Five Thousand Two Hundred ($305,200.) to which payment will and truly to be made, we do bind ourselves, and each of our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents. WHEREAS, the Principal will furnish a bond conditioned to guarantee, for the period of TWO YEARS after final approval of the construction paving project for Maple Glen 11, a subdivision in the City of Owasso, Tulsa County, Oklahoma, a privately financed public improvement, and acceptance of such by the City Council of the City of Owasso, .Oklahoma, against all defects in workmanship and materials which may become apparent in such privately financed public improvement during said period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that the Principal and/or Surety shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship in the privately financed public improvement which may become apparent during the said period. SIGNED, SEALED, AND DATED: November 8, 2010 A & 4AAA halt Inc. Principal BY: Oklahoma Suret Company, Sure BY: , Attorney -in -Fact Pat Fisher Attach Power of Attorney OKLAHOMA SURETY COMPANY 1437 SOUTH BOULDER, SUITE 200 • TULSA, OKLAHOMA 74119 - 918 - 587 -7221 - FAX 918- 588 -1253 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the OKLAHOMA SURETY COMPANY , a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney -in -fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof. J. H. Beavers, Pat Fisher, Sharon Sappington, Bruce T. Schulte and Christine Yount, individually of BROKEN ARROW, OK IN WITNESS WHEREOF, the OKLAHOMA SURETY COMPANY has caused these presents to be signed and attested by its appropriate officers and ijm ,orporate seal hereunto affixed this 02 day of August 2010 fir. , =� �"SEAL`�, OKLAHOMA SURETY COMPANY 0 ATTEST: Hi�'' + ++ SARA AND SON ASSISTANT SECRETARY TODD BAZATA VICE PRESIDENT On this 02 day of August 1 2010 before me personally appeared TODD BAZATA , to me known, being duly sworn, deposes and says that s /he resides in Tulsa, Oklahoma, that s /he is a Vice President of Oklahoma Surety Company, the company described in and which executed the above instrument; that s /he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of her /his office under the By -Laws of said Company, and that s /he signed his name thereto by like authority. STATE OF OKLAHOMA `�, *`v �C3A�`� Commission # 05000936 My Commission expi es: 01 -26 -13 COUNTY OF TULSA PUBLIC in Rreo soa } s CO `'R L. FAY JE SE Notary Public This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Oklahoma Surety Company by unanimous written consent dated September 25, 2009. RESOLVED: That the President, the Executive Vice President, the several Senior Vice Presidents and Vice Presidents or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the Original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION i, SARA ANDERSON , Assistant Secretary of Oklahoma Surety Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of September 25, 2009 have not been revoked and are now in full force and effect. +,,+t«r "", ++�g11RfTy Signed and sealed this 8thday of November 2010. PQ OR C4�, `J` SEAL "' •' SARA ANDERSON Assistant Secretary t+ VOID IF BOX IS EMPTY Maple Glen Development Co, Inc. Owasso Land Trust 12150 E 96 " St N #200 Owasso, OK 74055 Mr. John Feary Project Administration Owasso Public Works Department P.O. Box 180 Owasso, OK 74055 April 26, 2011 Re: Maple Glen II Dear John, In the recent construction of the infrastructure for Maple Glen II the installation of approximately 55 linear feet of paving was overlooked. This paving is on the east end of E 110"' PI N adjacent to Lot 1, Block 4 on the north end of Maple Glen 11 If acceptable to the City of Owasso we would like to have the Maple Glen II infrastructure accepted as constructed with our guarantee that this portion of road will be completed in the next phase or prior to the completion of home construction in Maple Glen II, whichever occurs first. We apologize for any inconvenience this may cause and appreciate your consideration of this matter. Sincerely, Maple Glen Development Co., Inc, Owasso Land Trust &1" q"'` (�n L'- Brian Doyle Construction Manager This City Wii lout Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: John W. Feary Project Administrator SUBJECT: Acceptance of Water and Sanitary Sewer Systems for Maple Glen II DATE: July 15, 2011 L•?G[��3�1�L� The subject residential development is located East of Garnett Road between 106th Street North and 116th Street North. The installation of 4,506 linear feet of eight (8) inch PVC SDR -35 sanitary sewer line and 1,754 linear feet of eight (8) inch PVC water line and all appurtenances have been installed to serve the subject property. Final inspection for the water and sewer systems was conducted in June of 2011 by the Owasso Public Works Department. All items identified at the final inspection requiring correction to meet City standards have been completed. As -Built drawings for the water and sewer systems have been supplied to Public Works and have been approved. The construction contractors have supplied the required two (2) year maintenance bonds for both systems (see attached). RECOMMENDATION: Staff recommends City Council acceptance of the Maple Glen II Sanitary Sewer and Water systems. ATTACHMENT: A. Site Map B. Letter of acceptance of water system from Washington County No. 3 for their portion of the water system C. Maintenance Bonds D. ODEQ permits for water and sewer Z N O let 1014V IV le.4v rnr, a 16 13 r I 130104 I1WU 0 W83M UU rQJ VV I /VV I Rural Water District Igo. Washington County, Oklahoma 17227 N. 1290 E. Ave., P.Q. Box 70, Collinsville, 4K 74021 -0070 Ph, (918) 371 -2055 • Fax (918) 37.1 -3864 • TRS 711 December 13, 2010 City of Owasso Attn: John Feary, Project Engineer P O Box 180 Owasso, Oklahoma 74055 FAX 272 -4996 Dear Sirs: The requirements by Rural Water District 43 Washington County, have been fulfilled and mater Iines have been accepted for Maple Glen II, 18.5 ac., 93 lots, located North of 106' St. N. and E. Garnett, located in Section 8, T -21 -N, R -14 -E, Tulsa County, State of Oklahoma. Sincerely, Jerry Gammill District Manager In a=rdanoe wM Federal law ar4 US. Depadment of ag w[Wre polky, tMs k4Utvtbn Is prohrh►eed from dl5 wrAnating on title W515 of reae, color, Wmal origin, aye, dlsablkyy retgION 5Ox, and framillal a brp (Not all pmhlblw bases appty to all program). To file a complaint of d1 rMekiti0n, v4 ft USWii, Dy,pI=r, pffi,e of ad F ghts,1400 Independence Avenue, S.W., WasNrgtan, D.G, 20254 -9410 or tali (K04) 795 -3M (Volpe) or (202) 720.5302 (TOO)_ Maintenance Bond PRIVATELY FINANCED PUBLIC IMPROVEMENTS Bond No: GR17044 KNOW ALL MEN BY THESE PRESENTS, That we Developer's Paving Company as Principal (Developer and/or Contractor), and Granite Re, Inc. as Surety, are held and firmly bound unto the City of Owasso, Oklahoma, as Obligee, in the penal sum of One Hundred Sixty -Five Thousand, Five Hundred Seventy -Six Dollars and 75/100--------- -- ($165,576.75) to which payment will and truly to be made, we do bind ourselves, and each of our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents. WHEREAS, the Principal will furnish a bond conditioned to guarantee, for the period of TWO YEARS after final approval of the Maple Glen II — Sanitary Sewer System, a privately financed public improvement, and acceptance of such by the City Council of the City of Owasso, Oklahoma, against all defects in workmanship and materials which may become apparent in such privately financed public improvement during said period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that the Principal and /or Surety shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship in the privately financed public improvement which may become apparent during the said period. SIGNED, SEALED, AND DATED: November 18, 2010 Developer's Paving Company, Principal BY: P>m 21"" CO— Granite Re, Inc., Surety V&l./B�' , Attorney -in -Fact ATICKY JAR AS GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: BARRY L. HERRING; CONNIE THUESON; KARLA EDMONDS; SHANNON NICHOLAS; LINDSEY BROWN; VICKY JARVIS its true and lawful Attorney- in- Fact(s) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: BARRY L. HERRING; CONNIE THUESON; KARLA EDMONDS; SHANNON NICHOLAS; LINDSEY BROWN; VICKY JARVIS may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary/Treasurer, this 1" day of October, 2009. vP oFr W � NCB Kenneth D. Whiffing President STATE OF OKLAHOMA ) s E A L on, SS:<, *� *r COUNTY OF OKLAHOMA ) Ro_ n A. Frates, Secretary/Treasurer On this 1" day of October, 2009, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Rodman A. Frates, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Rodman A. Frates were respectively the President and the Secretary/Treasurer of the GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively, of the Company. NpA �/F C7 N�TARNR�F My Commission Expires: _ May 9, 2012 '9> �.w � Commission #: 00005708 Fo im GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." I ESS WHE EOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this day of 20�� NTE RE,N M , w, S4 Ei A f / odman A. Frates, Secretary/Treasurer GR0800 -1 Maintenance Bond PRIVATELY FINANCED PUBLIC IMPROVEMENTS Bond No: GR17043 KNOW ALL MEN BY THESE PRESENTS, That we Developer's Paving Company as Principal (Developer and /or Contractor), and Granite Re, Inc. as Surety, are held and firmly bound unto the City of Owasso, Oklahoma, as Obligee, in the penal sum of Sixty - Five Thousand, Nine Hundred Twenty -Three Dollars and 00 /100----- - - - - -- ($65,923.00) to which payment will and truly to be made, we do bind ourselves, and each of our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents. WHEREAS, the Principal will furnish a bond conditioned to guarantee, for the period of TWO YEARS after final approval of the Maple Glen II - City Water Supply System, a privately financed public improvement, and acceptance of such by the City Council of the City of Owasso, Oklahoma, against all defects in workmanship and materials which may become apparent in such privately financed public improvement during said period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that the Principal and /or Surety shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship in the privately financed public improvement which may become apparent during the said period. SIGNED, SEALED, AND DATED: November 18, 2010 Developer's Paving Company, Principal BY: ! >� a" L, Granite Re, Inc., Surety B Y: ,Attorney -in -Fact VICKY 3A IS GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: BARRY L. HERRING; CONNIE THUESON; KARLA EDMONDS; SHANNON NICHOLAS; LINDSEY BROWN; VICKY JARVIS its true and lawful Attorney -in- Facts) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: BARRY L. HERRING; CONNIE THUESON; KARLA EDMONDS; SHANNON NICHOLAS; LINDSEY BROWN; VICKY JARVIS may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary/Treasurer, this 1" day of October, 2009. µIT RrW 4 ,N - Kenneth D. STATE OF OKLAHOMA ) S E A L Whitting on, President SS:,��. COUNTY OF OKLAHOMA ) Rodman A. Frates, Secretary/Treasurer On this 15' day of October, 2009, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Rodman A. Frates, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Rodman A. Frates were respectively the President and the Secretary/Treasurer of the GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively, of the Company. NDA L/ NpTAgy'Qm My Commission Expires: _ May 9, 2012 Commission #: 00005708 r Fo GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." 2Xay SS W HEREE,O�F,, t�h"e undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this of /L[J[ l r,20A2-1 I %T& &.,, q!' uRrW r'Fp. SET1 ' .. „o odman A' Secretary/Treasurer GRO800 -1 Ott OKLAWMA DEPARTMENT OF ENVIRONMENTAL UUALITY June 28, 2010 Mr. Steven Affiert, City Engineer City of awasso 301 West 2nd Avenue Owasso. Oklahoma 74055 Re: Permn No. WL000072100379 Maple Glen If Fadlity, No. 3002718 . Dear mr. Ai6we MAD KNRY 'we Erx*3sed is Permit No. WLOM72100379 for the Constuctim of 1,764 linear feet of eight (8) hch PVC waterline, 131 linear feet of eight (8) inch PVC waterline and all appurtenances to serve the Maple Glen 11, Tulsa County, Oklahoma. The project authorized by thispeernit should be constructed in accordance with the plans approved by this Department on June 28, 2010. Any deviations (rom the approved plans and SPeciftations affeding caPacity, flow or operation of units Must be approved. in writing. by the D made- epartnent before changes are Receipt of this permit should be noted in the minutes of the next regular meeting of the City of Owasso, after which it should be made a Matter of permanent record. We are returning one (1) set of the approved plaits to you, one (1) set to your engineer and retaining one (1) set for our files, ZJjoe Keeble Construction Permit Section Water Quality Division JKfRUab Enclosure 0" Rick Austin, Regional Manager, DEQ Regional Office at Tulsa Brian K Kellogg, P.E., Kellogg Engineering, Inc. 707 NORTH ROBINSON, P-0, BOX 1677, 0UH0M). M, OKLAHOMA 73101.1677 EeQ-f { A. e-t{ # SQ i OKLAHOMA DEPARTMENT F ENVIRONMENTAL QUALITY -ta iAs�nd June 28, 2010 Mr. Steven Albert, City Engineer city of Owasso 301 West 2nd Avenue Owasso, Oklahoma 74055 Re: Permit No. SL000072100380 Maple Glen II S -21310 Dear Mr. Alber: r erg. t_ wed is Perini# No. SL000072100380 for the wnstrtaction of 4,506 linear fleet of eight (8) inch PVC SDR -35, sanitary sewer line and all appurtenances to serve the Maple Glen 11, Tulsa County, Oklahoma. The jrro*t authorized by this permit should be constructed in accordance with the plans approved by this Department on June 28, 2010. Any deviations from the approved ;plans and specifications affecting capacity, flow or operation of units roust be approved, in writing, by the Department before changes are made_ Receipt' of this permit should be noted in the minutes of the next regular meeting of the City of Owasso. after which it should be made a matter of permanent record_ We are returning one (1) set of the approved plans to you, one (1) set to your engineer and retaining one (i) set for our files. Sirxwely; Joe Kee ble Construction Permit Section Water (duality Division J KIRC'ab Enclosure c: Rick Austin, Regional Manager, DEQ Regional Office at Tulsa Brian K Kellogg, P.E., Kellogg Engineering, Inc. 707 NORTH ROBINSON, F.0. BOX 1677, OtLUUA (iiY, OKLAHW 73101.1677 S? The Ciry Without Limits, TO: The Honorable Mayor and City Council City of Owasso FROM: John W. Feary Project Administrator SUBJECT: Acceptance of Sanitary Sewer System, Paving & Storm Drainage System At The Villas of Coffee Creek DATE: July 15, 2011 BACKGROUND: The subject commercial property is located on the southwest corner of East 96th Street North and 145th East Avenue. The installation of 1,985 linear feet of eight (8) inch PVC sanitary sewer line and all appurtenances have been installed to serve the property. The water service for this particular property is served by Washington County Rural Water District No. 3 and they have certified the water infrastructure as adequate. All public paving and storm drainage systems have been installed per plan on this site as well. Final inspection for the sewer system and other infrastructure was conducted in June of 2011 by the Owasso Public Works Department. All items identified at the final inspection requiring correction to meet City standards have been completed. As -Built drawings for the sewer system have been supplied to Public Works and have been approved. The construction contractors have supplied the required two (2) year maintenance bonds for both systems (see attached). RECOMMENDATION: Staff recommends acceptance of the Villas at Coffee Creek Public Infrastructure. ATTACHMENT: A. Site Map B. Bond Approval and Bonds C. Letter of acceptance of water system from Washington County No. 3. D. ODEQ permit #SL00072100279 J� G� 0� r� 0� cc I '.) �15�FE� GR�� 00 d 4 to s Bargas, Miguel From: Lombardi, Julie Sent: Tuesday, April 05, 2011 5:46 PM To: Bargas, Miguel Subject: RE: Maintenance Bond The Villas at Coffee Creek Miguel, I have reviewed the maintenance bond for the sanitary sewer system, sidewalks, decel lane, storm sewer headwalls and energy dissipators for the Villas at Coffee Creek at your request. The attorney - in -fact signature is authorized, the surety is licensed to do business in Oklahoma and the amount of the bond is well within the company's $1,375,000.00 underwriting limitation. Therefore, the bond is approved. Julie City Attorney Julie Trout Lombardi City of Owasso 111 N. Main Owasso, OK 74055 (918) 376 -1511 (918) 376 -1599 fax From: Bargas, Miguel Sent: Friday, April 01, 20114:46 PM To: Lombardi, Julie Subject: Maintenance Bond The Villas at Coffee Creek Julie, I am sending you a maintenance bond for review would you please reply with your findings. Miguel Bargas) Infrastructure Inspector Owasso Public Works (918) 272 -4959 office (918) 272 -4996 fax (918) 693 -3979 mbargas@cityofowasso.com Maintenance Bond PRIVATELY FINANCED PUBLIC IMPROVEMENTS Bond No: BDO071504 KNOW ALL MEN BY THESE PRESENTS, That we Case Development LLC. as Principal (Developer and /or Contractor), and Oklahoma Surety Company. as Surety, are held and firmly bound unto the City of Owasso, Oklahoma, as Obligee, in the penal sum of One Hundred Fifty Eight Thousand Four Hundred Twenty Five Dollars ($158,425.00) to which payment will and truly to be made, we do bind ourselves, and each of our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents. WHEREAS, the Principal will furnish a bond conditioned to guarantee, for the period of TWO YEARS after final approval of the Coffee Creek Apartments sanitary sewer system, right -of -way sidewalks, right -of -way asphalt decel lane, and storm sewer headwalls and energy dissipators, a privately financed public improvement, and acceptance of such by the City Council of the City of Owasso, Oklahoma, against all defects in workmanship and materials which may become apparent in such privately financed public improvement during said period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATI.ON IS SUCH that the Principal and /or Surety shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship in the privately financed public improvement which may become apparent during the said period. SIGNED, SEALED, AND DATED: March 31, 2011 Case Developmen LC, Principal BY: Okl Surety Company, Surety BY: , Attorney -in -Fact Glenn Day Attach Power of Attorney OKLAHOMA SURETY COMPANY 1437 SOUTH BOULDER, SUITE 200 • TULSA, OKLAHOMA 74119. 918 -587 -7221 - FAX 918 -588 -1253 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the OKLAHOMA SURETY COMPANY , a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney -in -fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof. Jack H. Allen, Jr., Tonja Bentz, Glenn Day, Gray Holden, Steve H. Holloway, Ben Lewis, Jerry D. Reeves and Richard J. Sherry, individually of TULSA, OK IN WITNESS WHEREOF, the OKLAHOMA SURETY COMPANY has caused these presents to be signed and attested by its appropriate d W1W corporate seal hereunto affixed this 11 day of November 2009 OKLAHOMA SURETY COMPANY ANT SECRETARY TODD BAZATA VICE PRESIDENT On this 11 day of November 2009 before me personally appeared TODD BAZATA , to me known, being duly sworn, deposes and says that s/he resides in Tulsa, Oklahoma, that s /he is a Vice President of Oklahoma Surety Company, the company described in and which executed the above instrument; that s /he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of her/his office under the By -Laws of said Company, and that s /he signed his name thereto by like authority. STATE OF OKLAHOMA SS COUNTY OF TULSA Commission # 05000936 My Commission exp es: 01 -26 -13 L FAY J SE Notary ublic This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Oklahoma Surety Company by unanimous written consent dated September 25, 2009. RESOLVED: That the President, the Executive Vice President, the several Senior Vice Presidents and Vice Presidents or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, SARA ANDERSON , Assistant Secretary of Oklahoma Surety Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of September 25, 2009 have not been revo ed and are now in full force and effect. Signed and sealed this day of �,� ayUflEfy :x `SEAL SARA AND SON Assistant Secretary 0H „0 'i61% VOID IF BOX IS EMPTY 07/08/11 10:30 FAX 9184924446 CASE & ASSOCIATE 47f09f2411 10;41 FAQ 518 371 3864 RD 3 WASH CO Rural Water District No. 3 Washington County, Oklahoma IL7227 N. 1291' E. Ave., P.O, Seal:.70,_ Collinsville, OK 74021 -0070 Ph. (918) 571 -2055 Fax (918) 371 -3$84 * TRS 711 July 8, 2011 Case and Associates Properties Attn,. Joan Hester FAX 918- 492 -4446 To Whore it May Concern: U002 ;a 001/001 The requirements by Rural Water Distdot 43 Washington County, have been fulfilled and water lines have been accepted for The Villas at Coffee Creek Apartments, 14100 E. 1061h St. N., located in the NE/4 of Section 16, Township 21 North, Range 14 East, City of Owasso, Tulsa County, Oklahoma. Sincerely, Jerry (3=mill District Manager jr, ac=dence with Feaeral law and U.S. department of Agriculture p0cy, this Insntupon Is prohlblt?d From dtscrtminadng on the bests OF race, color, national origin, age, dWbluty, religion, s4 and raailllal sratus. (Not all prohiNted bases bpplY Wall progr erns). To nle a complaint a discrimination. VMM USDA, Dirocmr, Office V QYII fthls, X400 indapendenca AWAM, S.W., Washington, b.C., 202513-9410 or can (boa) 795 -3272 (wke) or (202) 724-6302 [gym). P-M O K L A H O M A DEPARTMENT OE ENVIRONMENTAL QUALITY STEVEN A. THOMPSON OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY Executive Director May 24, 2010 Mr. Roger Stevens, Public Works Director City of Owasso 301 West 2nd Avenue Owasso, Oklahoma 74055 Re: Permit No. SL000072100279 The Villas at Coffee Creek Facility No. S -21310 Dear Mr. Stevens: BRAD HENRY Governor Enclosed is Permit No. SL000072100279 for the construction of 1,985 linear feet of eight (8) inch PVC sanitary sewer line and all appurtenances to serve the The Villas at Coffee Creek, Tulsa County, Oklahoma. The project authorized by this permit should be constructed in accordance with the plans approved by this Department on May 24, 2010. Any deviations from the approved plans and specifications affecting capacity, flow or operation of units must be approved, in writing, by the Department before changes are made. Receipt of this permit should be noted in the minutes of the next regular meeting of the City of Owasso, after which it should be made a matter of permanent record. We are returning one (1) set of the approved plans to you, one (1) set to your engineer and retaining one (1) set for our files. Very truly yours, gy Rdabariti, P.E. Construction Permit Section Water Quality Division QRK/RC /ab Enclosure c: Rick Austin, Regional Manager, DEQ Regional Office at Tulsa Jeffrey A. Tuttle, P.E., Tuttle & Assoc. 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101 -1677 printed on recycled paper with soy ink �s r� Aft The City Wit out limits. TO: The Honorable Mayor and City Council City of Owasso FROM: John W. Feary Project Administrator SUBJECT: Acceptance of Urban Engineering Agreements DATE: July 19, 2011 BACKGROUND: At the May 17, 2005 City Council meeting the Engineering Design Criteria, Construction Standards, and Standard Details were adopted by the City Council. Documents required as a result of that adoption include two different agreements, one which must be submitted by the developer and one which must be submitted by the developer's engineer. The agreements are as follows: ENGINEER AGREEMENT: The agreement required to be submitted by the developer's engineer is titled "Agreement for Urban Engineering Services" (Section 0114.1(13)). This agreement requires the engineer to list all improvements associated with the proposed development, attest that all designs will be in compliance with City standards (outlined in the design criteria), pay all fees associated with the plan review, attest that he /she is a Registered Professional Engineer in the State of Oklahoma, and attest that he /she maintains Professional Liability Insurance in limits directly correlated to the cost of the project specified in the attached agreement. The liability insurance to project cost ratio schedule is as follows: Project Cost Less than $500,000 $500,000 - $1,000,000 Greater than $1,000,000 DEVELOPER AGREEMENT: Professional Liability Insurance $250,000 $500,000 $1,000,000 The agreement required to be submitted by the developer is titled "Agreement Guaranteeing Installation of Improvements" (Section 0114.1 (C)). This agreement requires the developer to submit engineering drawings for the proposed improvements, provide oversight of his /her construction contractor to assure compliance with the approved plans, and submit "as- built" drawings upon completion of the construction of improvements. Since the approval of the Engineering Design Criteria, Construction Standards, and Standard Details in May 2005, Developers and Engineers alike have complied with the above requirements and submitted both agreements. The mayor's signature is required on the "Agreement for Urban Engineering Services" (Engineer Agreement), therefore Council approval is needed. RECOMMENDATION: Staff recommends Council acceptance of the following "Agreements for Urban Engineering Services" (Engineers Agreement): 1. Johnson & Associates, Inc. The Villas at Stonebridge on East 76th Street North on the west side of Crown Colony. 2. Anderson Engineering, Inc. Internal storm drainage system at The Falls at Garrett Creek on East 116th Street North west of Garrett Creek Commercial Center. 3. Darren Burns with Wallace Engineering for Life Church at 14008 East 96th Street North west of Nottingham Hill Subdivision. ATTACHMENTS: A. 3 signed "Agreements for Urban Engineering Services" AGREEMENT FOR URBAN ENGINEERING SERVICES THIS AGREEMENT, entered into by and between the CITY OF OWASSO, OKLAHOMA, a municipal corporation, hereinafter called "City" and Johnson & Associates, Inc., an Oklahoma Corporation hereinafter called "Design Engineer" WITNESSETH: WHEREAS, the Design Engineer has been employed by the Owner /Developer /Subdivider of the herein described real property to prepare all project plans and specifications and to provide certain engineering services during the construction of the hereinafter sometimes referred to as the "Project", upon easements and rights -of -ways to be owned or controlled by the City; and WHEREAS, the Design Engineer is desirous of obtaining the review (and approval) of the plans and specifications for said project by the City of Owasso Public Works Department; and WHEREAS, the City is willing to review the plans and specifications prepared by the Design Engineer under the hereinafter described terms and conditions. NOW, THEREFORE, in consideration of the foregoing and in consideration of the hereinafter set forth promises and covenants, the parties hereto mutually agree as follows, to- wit; 1. The Improvements to be designed by the Design Engineer (pursuant to this Contract) shall generally consist of the following types of improvements Change Order No. 1 for Villas at Stonebridge which shall be located on the following described tract of land: East 76th Street North, Owasso, Oklahoma 2, The Design Engineer shall, in conformity with the provisions of the City's Standard Specifications for Urban Engineering Services, including the City's current Design Criteria, which are hereby incorporated and made a part of this Contract by reference, prepare project plans, specifications, and other engineering documents as may be necessary for the proper construction of the project improvement, and shall perform all construction layout surveys, and staking and periodic general construction supervision on the project improvements as they are constructed by the Owner and his Contractor. 3. The City shall review (and approve) the project plans, specifications, and other engineering documents for the construction of the project improvements prepared and submitted to the City by the Design Engineer. 4. The Design Engineer shall compensate the City for reviewing (and approving) plans and specifications for the project at the rate of One Hundred Dollars ($100.00) for each plan sheet submitted (other than plan sheet Standard Drawings of the City of Owasso or of the Oklahoma Department of Transportation), except that the minimum charge for each project shall be One Hundred -fifty Dollars ($150.00). Payment shall be due and payable upon presentation of the plans and specifications for the project for review by the City. PFPI plan review and permit fees are waived for governmental entities. No fees shall be collected by the City of Owasso on any public work or improvement performed by or for any city, county, state, or federal governmental entity; provided however, that this exemption shall not constitute waiver of any ordinance requiring the issuance of such permits, and it shall apply only to such permits issued directly to the governmental entity involved. 5. The Design Engineer hereby covenants that he /she is a Registered Professional Engineer in the State of Oklahoma at the time of execution of this Contract, and should the Design Engineer cease to be a Registered Professional Engineer prior to completing performance of the terms and conditions of this Contract, the Design Engineer shall immediately notify the City and shall engage a Registered Professional Engineer acceptable to the City to complete performance of the promises and covenants contained herein. 6. The Design Engineer further covenants and agrees that he /she maintains and is covered by Professional Liability Insurance in limits of not less than those indicated in the following schedule: Project Cost Professional Liability Insurance Less than $500,000 $250,000 $500,000 - $1,000,000 $500,000 Greater than $1,000,000 $1,000,000 (Project Costs to be as defined in Section I of the attached Specifications for Urban Engineering Services) and that he /she will maintain same in continuous force and effect for a period of not less than three years from and after final acceptance of the project herein. 7. The Design Engineer further covenants and agrees to comply with Section I, Section II and Section III of the attached Standard Specifications for Urban Engineering Services and that these specifications become a part this contract. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives on the dates set for the below. Executed by the City of Owasso, Oklahoma, on the _ n_a' Executed by the Design Engineer on the Z2 day of CITY OF OWASSO, OKLAHOMA a municipal corporation BY Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney APP ROV D: �Iblic Wor s Director Title ATT ���Oi ���rq ►J►�`r ecr �0 � •0 ,2 day of , 20 Wye- 20 //. City of Owasso, Oklahoma Standard Specifications For Urban Engineering Services SECTION 1 — GENERAL PROVISIONS 1.01 INSURANCE AND INDEMNITY The Design Engineer shall carry and keep in force during this Contract policie8 of insurance in minimum amount as set forth below or as required by the Laws of the State of Oklahoma. Public Liability: Bodily injury, each person $100,000 Bodily injury, each accident $1,000,000 Property damage, aggregate $100,000 or combined single limit $1,000,000 Employers Liability and Workers Compensation Statutory Limit Automobiles and trucks, owned hired and non - owned: Bodily injury, each person $100,000 Bodily injury, each accident $1,000,000 Property damage, aggregate $100,000 or Combined single limits $1,000,000 Engineer's Professional Liability Insurance by schedule with prior Acts Endorsement $100,000 Certificates showing the Design Engineer is carrying the above described insurance in at least the above specified minimum amounts shall be furnished to the City prior to the execution of the Contract. The certificate of Public Liability insurance shall show the City of Owasso, endorsed as a named insured under the policy. The Design Engineer shall provide evidence of Professional Liability Insurance in limits of not less than indicated in the following schedule: Project Cost Professional Liability Insurance Less than $500,000 $250,000 $500,000 - $1,000,000 $500,000 Greater than $1,000,000 $1,000,000 Project Cost shall be defined as the cost of all engineering responsibilities and professional services defined by these specifications as well as the cost of all labor and materials to be furnished in construction of the proposed public improvements for the Project. The Design Engineer shall furnish, as part of this contract, an Engineer's Estimate of Probable Project Cost, signed and sealed by the Design Engineer, in order to establish the required extent of liability. Certificates of Professional Liability insurance shall be submitted on the anniversary dates thereof, showing that coverage is maintained in continuous force and effect for a period of three (3) years following final acceptance of the project by the City of Owasso. Said Certificates shall further provide that such insurance will not be cancelled by the insurer without the insurer first giving the City ten (10) days written notice of cancellation. 1.02 PLANS AND RECORDS The City shall, upon request, provide the Engineer with one copy of any preliminary plans, photographs, reports, calculations, topographic surveys, utility location plats and other pertinent public records currently in possession of the City and applicable to the work, provided the City is reimbursed for any cost of reproduction by Engineer. 1.03 OWNERSHIP OF THE WORK The Design Engineer shall furnish the City with copies of data, field notes and studies utilized as instruments of service if requested for reproduction by City. 1.04 TRANSFERS The Design Engineer shall not assign, sublet or transfer any interest in the work covered by this Engineering Agreement without the prior written consent of the City. The consent to assign or sublet any portion of work shall not relieve the Design Engineer from his primary responsibility for the performance of that portion of the work so transferred. 1.05 REVIEWS AND ACCEPTANCES All preliminary and detailed designs, plans, specifications, estimates and other documents prepared by the Design Engineer shall be subject to Review and acceptance by the City. No acceptance shall relieve the Design engineer of his professional responsibility or obligation to correct any defects or errors in his work at his own expense. 1.06 APPEARANCES AND CONFERENCES The Design Engineer si_all provide adequate representation at design conferences as may be requested by City in connection with the work or the project. The Design Engineer shall confer with the City at any time with respect to interpretation of plans, correction of errors and omissions, and preparation of such additional drawings or specifications as may be required as the work and project progresses. 1.07 PENALTIES In the event the Design Engineer fails to comply with any of the provisions of the Agreement for Urban Engineering Services, the Engineering Department shall not consider entering into any subsequent agreements with the Design Engineer. SECTION 2 — CONSTRUCTION CONTRACT PLANS 2.01 GENERAL PURPOSE, REQUIREMENTS AND OBJECTIVES The Construction Contract Plans shall provide the City with adequate general plans, design details, construction specifications, and related documents from which contractor may construct the Project. A preliminary plan which approval is necessary before the actual Construction Contract Plans are developed shall, in general, resolve all fundamental location and design problems and delineate them in such a manner as to permit the preparation of final detailed Construction Contract Plans. 2.02 EXISTING INFORMATION AND DATA The Design Engineer shall: a. Provide all professional services necessary to evaluate and coordinate existing information and date which will be necessary in the preparation of detailed Construction Contract Plans. b. Develop new information and refine existing information and data to current status to comply with the requirements of these Specifications. Secure appropriate current City written approval of the proposed preliminary plan development criteria and procedure. 2.03 CONSTRUCTION CONTRACT PLANS The Design Engineer shall: a. Prepare detailed Construction Contract Plans, in both horizontal and vertical dimensions, properly dimensioned, showing all existing topographical features, surface and subsurface facilities as determined by field surveys or as verified by utility or facility owners. These plans shall be prepared in accordance with current design practices of the City and shall include title sheets, typical sections, general notes and summaries of quantities. The lists of quantities shall be separated as may be required for meeting financing requirements and properly symboled in accordance with the Standard Construction and Material Specifications. Plan and profile showing alignment and grade with locations of right of way lines shall also be included. Plans shall be accompanied by such other documents as may be required, and they shall also conform with the requirements of applicable portions of the City's Construction and Material Specifications, Design Criteria, Standard Construction Drawings, Specification for Subsurface Investigations and plan preparation procedures and other directives of instruction of the City. b. Provide, in connection with utilities, the following: Each affected company with an early notification concerning contemplated work and furnish each company approved preliminary plans. Arrangements shall be made with each affected company for a plan showing it's existing and proposed facilities in relation to the existing and proposed construction and submit each plan to the City for approval. The Design Engineer shall, when instructed, incorporated utility revision plans in the construction plans, and shall secure from the utility company a detailed estimate of its cost for making changes prepared in accordance with the requirements of the City. c. Prepare off -site right -of -way plans and descriptions, or bring to current status existing property map and right -of -way plan of descriptions, all in conformance with the requirements set forth in these Specifications and other instructions issued by the City. More specifically, the Design Engineer, in developing the right -of -way plan shall: Prepare a preliminary right -of way plan for field review and approval immediately following approval of alignment and profile showing centerline of survey, estimated construction limits, property lines, parcel numbers, ownership of record, recommended right -of -way limits and existing right -of -way limits. The preliminary right -of -way plans shall be prepared to a scale of one (1) inch equals one hundred (100) feet. In congested or urban subdivided area where one hundred (100) foot scale is unsuitable, the right -of -way plans shall be prepared to a scale of one (1) inch equals twenty (20) feet. The preliminary plans may be a print of pencil tracings appropriately marked to avoid confusion with the final right -of -way plans 2. The final right -of -way plan shall be developed concurrently with the detailed Construction Contract Plan, and shall be completed with prints thereof submitted ten (10) days prior to the Field and Office Check. The property map and summary of additional right -of -way required shall be a part of the final right -of -way plan. Property lines are to be determined and shown on the plan accurately enough that a proper legal description can be written there from without reference to other material. In addition, the right -of -way plan shall show the beginning and end of project, match lines and numbers of matching sheets. (To facilitate use of the right -of -way plan independently from the other sections of the Construction Contract Plan, right -of -way plan sheet numbers a separate series of numbers for sheets comprising the right -of -way plan proper.) When prints or reproducible tracings of right -of -way plans are furnished separately, they shall include the Construction Plan title sheet, showing vicinity map and legend of symbols used. Final right -of -way plans shall reflect the latest information available, all plan revisions, and all approved changes in right -of —way to be acquired. Legal descriptions shall be prepared for all remaining parcels of property to be acquired and submitted concurrently with the final right -of -way plans. The Design Engineer, shall, upon request, prepare appropriate plats in accordance with the foregoing. d. The Design Engineer shall submit the final plans to the City for review, together with is recommendations regarding final acceptance, as follows: 1. Plans, elevations and details, unless otherwise specified, shall be presented on sheets twenty-two (22) inches by thirty -four (34) inches in overall size developed at appropriate scale showing all horizontal and vertical information in sufficient detail to permit construction staking on the ground and to indicate and delineate all details necessary for the construction of the complete facility by a construction contractor. 2. The required number of copies of the completed Construction Contract and other necessary documents shall be assembled and presented, and necessary personnel familiar with each design phase or detail shall be assigned to accompany and consult with City upon field Office Conference at times designated by the City. 3. All Changes and modifications required by the City as a result of Field and Office Conferences shall be made, and acceptable reproducible tracings of the detailed construction Contract Plans and other necessary documents shall be delivered to the city. 4. All things required shall be submitted to the City with a transmittal letter providing a brief narrative summary of the pertinent facts concerning the development of the Project. The letter shall advise the city of any special or unusual features of design or construct ion of the Project. 2.04 CITY'S OBLIGATION The City shall review all of the Engineer's submissions and transmit to the Design Engineer the dates of acceptance for all submissions, or, if a submission is not acceptable, a statement of the changes to be incorporated prior to acceptance thereof. City response shall be within 10 working days of receipt. SECTION 3 — CONSTRUCTION SUPERVISION 3.01 GENERAL PURPOSE, REQUIREMENTS AND OBJECTIVES The purpose of supervision of construction by the Design Engineer is to assure that the Project shall be constructed in a good and workmanlike manner and in accordance with the plans, specifications and other contract documents. It shall be the Design Engineer's obligation to achieve this purpose and his obligation shall include, but not be limited to, the matters set forth in these specifications. 3.02 ENGINEER'S SUPERVISORY OBLIGATIONS The Design Engineer shall perform the following in connection with the construction: a. Construction layout surveys and consultation and advise during construction. b. Visits to the site of the construction at such frequent intervals as may be necessary, during construction but a minimum of weekly visits or as required by the Engineer. C. Review and check, following the award of a construction contract, the shop drawings of installed equipment, structural agreements and erection plans for each structure designed by the Engineer. Such checking shall verify the conformance of shop drawings with design drawings. d. Preparation of supplementary detailed drawings, together with specifications pertaining thereto when required. e. Providing contract drawings as necessary to show the work as actually constructed by furnishing the City a set of "Record" drawings on computer disc (AutoCad format compatible with City software), mylar reproducibles and two sets of blackline drawings. f. Assistance to the City in start-up and testing of installed equipment. g. Certification of "Record" quantities. h. Accompany representative of the City in the Final Inspection of the project. i. Submit any soils analysis reports as required before or during construction. j. Provided all staking for control of alignment and grade necessary for the satisfactory construction of the project and additional staking as required by the Engineer. 3.03 CHANGE ORDERS DURING THE COURSE OF CONSTRUCTION a. If during the course of construction it becomes necessary to change the detailed plan of construction due to unforeseen obstructions, conflict with other utilities, other agencies or circumstances, or conditions not anticipated prior to the award of the Construction Contract, the Engineer shall prepare the necessary Change Orders and Revised Plans in order to effect the necessary changes in construction. b. The Design Engineer, during the course of Preparation of necessary Change Orders, shall coordinate the revised plans with all affected agencies or firms on which original coordinated approval was secured in these specifications prior to approval by the City of the necessary Change Order. c. The Design Engineer shall carry out the necessary negotiations with the Construction Contractor prior to presentation to the City of the Change Order for approval. Following approval by the Construction Contractor, The Design Engineer shall present same to the City in accordance with the established procedures for approval of the original Construction Contract as covered in those specifications. END OF TEXT ACORD,M CERTIFICATE OF LIABILITY INSURANCE DATE Y""' PRODUCER Doug Plumley Insurance Agency 34 E. 9th St Edmond, OK 73034 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS. CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE. AFFORDED BY THE POLICIES BELOW, INSURERS AFFORDING COVERAGE NAIC # INSURED Johnson and Associates, Inc. 1 E. Sheridan Ave. Suite 200 Oklahoma City, OK 73104 -2452 INSURERA; American National Insurance POLICY EFFECTIVE INSURER S: Hartford Company of the Midwest LIMITS INSURERC: INSURER D: 3501 X0003 INSURER E: 09/02/2011 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF. SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR ADD'L -TYPE OF INSURANCE- POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GENERAL LIABILITY ERCIALGENERALLIABILITY LAIMS MADE F OCCUR 3501 X0003 09/02/2010 09/02/2011 EACH OCCURRENCE $ 1,000,000 RE Eoccu once) $ 100,000 MED EXP An one rson $ 5,000 PERSONAL& ADV INJURY $ 1,000,000 ncomm GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG S 1,000,000 POLICY PRO LOO AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ A X ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Pe $ X X HIRED AUTOS NON•OWNED AUTOS 3501C0001 09/02/2010 0912012011 PROPERTY DAMAGE (Per.accldent) $ - - -- GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 1,000,000 A X OCCUR F] CLAIMS MADE AGGREGATE $ 1,000,000 _ $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WC STATU- OTH- B EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER!MEMBER EXCLUDED? 38WEC,103267 06/01/2011 06/01/2012 E. L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE- EA EMPLOYEE $ 1,000,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE- POLICY LIMIT 3 1,000,000 OTHER A. Valuable 3501X0003 09/02/2010 09/02/2011 $250,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS .TE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Owasso DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Public Works Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 301 W. 2nd Avenue IMPOSE No OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR P.O. Box 180 REPRESENTATIVES. Owasso, OK 74055 AUTHORIZED REPItl�EFiTATiVE r1F-'''\J 13r.�✓al� ACORD 25 (2001/08) (j © ACORDAORPORATION 1988 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDI T"� OGl22/2011 7DUCER - - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Mosl ey Agency Inc.. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOTAMEND, EXTEND OR 428 Grand Avenue ALTERTHE COVERAGE AFFORDED BYTHE POLICIES BELOW, P.O. Box 2100 Chickasha, OK 73023 -2100 INSU RERSAFFORD ING COVERAGE NAIC# INSURED Johnson & Associates, Inc. LHE, P.A. INSURERA: Continental Casualty Company 1 E. Sheridan Avenue INSURER B: Suite 200 INSURER C: Oklahoma City, OK 73104 INSURER D: _ INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF -SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LT N R D TE MMIDD DATE MMIDD/YYYY LIMITS Public Works Department GENERAL LIABILITY NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO BO SHALL 301 W. 2nd Avenue EACH OCCURRENCE $ PREMISES Eaccc1-unce $ AUTHORIZED REPRESENTATIVE COMMERCIAL GENERAL LIABILITY CLAIMS MADE F—I OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS COMPIOP AGG $ POLICY PRO LOC JECT AUTOMOBILE LIABILITY ANYAUTO COMBINED SINGLE LIMIT (Ea accident) $ T BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILYINJURY (Per accident) $ HIREDAUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGELIABILITY AUTO ONLY -EA ACCIDENT $ OTHERTHAN EA ACC $ ANYAUTO $ AUTO ONLY: AGG EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE� OFFICERIMEMBER EXCLUDED? W H- TORYLIMITS ER E.L, EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) (ryes, describe under SPECIAL PROVISIONS below Professional Liability E.L. DISEASE - POLICY LIMIT S A AEH006161888:.01/01/2011 01.101/201.2 .1,000,000 per claim limit 1,000,000 aggregate limit DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS �ohl'►��lil�iEYY�$l�llllala: !1! \k% lei =I0IAIIII9re7d H%,vreu <, (eUUa /U I) U TBStl -ZUUB AC:URU G0RPURATIUN. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City Of Owasso DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 . DAYS WRITTEN Public Works Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO BO SHALL 301 W. 2nd Avenue P.O. BOX 180 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Owasso, OK 710,55 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Christopher Mosley/MIKE H%,vreu <, (eUUa /U I) U TBStl -ZUUB AC:URU G0RPURATIUN. All rights reserved. The ACORD name and logo are registered marks of ACORD AGREEMENT FOR URBAN ENGINEERING SERVICES THIS AGREEMENT, entered into by and between the CITY OF OWASSO, OKLAHOMA, a municipal corporation, hereinafter called "City" and ANDERSON ENGINEERING, INC WITNESSETH: hereinafter called "Design Engineer ". WHEREAS, the Design Engineer has been employed by the Owner/Developer /Subdivider of the herein described real property to prepare all project plans and specifications and to provide certain engineering services during the construction of the hereinafter sometimes referred to as the "Project', upon easements and rights -of -ways to be owned or controlled by the City; and WHEREAS, the Design Engineer is desirous of obtaining the review (and approval) of the plans and specifications for said project by the City of Owasso Public Works Department; and WHEREAS, the City is willing to review the plans and specifications prepared by the Design Engineer under the hereinafter described terms and conditions. NOW, THEREFORE, in consideration of the foregoing and in consideration of the hereinafter set forth promises and covenants, the parties hereto mutually agree as follows, to- wit; 1. The Improvements to be designed by the Design Engineer (pursuant to this Contract) shall generally consist of the following types of improvements CONSTRUCTION OF AN INTERNAL STORM SEWER COLLECTION SYSTEM THAT DISCHARGES INTO THE EXISTING STORM SEWER FOR THE GARRETT CREEK DEVELOPMENT. GRADING OF CONCRETE PARKING LOTS. which shall be located on the following described tract of land: LOT FOUR (4), BLOCK ONE (1), GARRETT CREEK CENTER, BOOK 6680, PAGE 1022, TAX PARCEL NO. 61132 -14 -09 -27150 2. The Design Engineer shall, in conformity with the provisions of the City's Standard Specifications for Urban Engineering Services, including the City's current Design Criteria, which are hereby incorporated and made a part of this Contract by reference, prepare project plans, specifications, and other engineering documents as may be necessary for the proper construction of the project improvement, and shall perform all construction layout surveys, and staking and periodic general construction supervision on the project improvements as they are constructed by the Owner and his Contractor. 3. The City shall review (and approve) the project plans, specifications, and other engineering documents for the construction of the project improvements prepared and submitted to the City by the Design Engineer. 4. The Design Engineer shall compensate the City for reviewing (and approving) plans and specifications for the project at the rate of One Hundred Dollars ($100.00) for each plan sheet submitted (other than plan sheet Standard Drawings of the City of Owasso or of the Oklahoma Department of Transportation), except that the minimum charge for each project shall be One Hundred -fifty Dollars ($150.00). Payment shall be due and payable upon presentation of the plans and specifications for the project for review by the City. PFPI plan review and permit fees are waived for governmental entities. No fees shall be collected by the City of Owasso on any public work or improvement performed by or for any city, county, state, or federal governmental entity; provided however, that this exemption shall not constitute waiver of any ordinance requiring the issuance of such permits, and it shall apply only to such permits issued directly to the governmental entity involved. 5. The Design Engineer hereby covenants that he /she is a Registered Professional Engineer in the State of Oklahoma at the time of execution of this Contract, and should the Design Engineer cease to be a Registered Professional Engineer prior to completing performance of the terms and conditions of this Contract, the Design Engineer shall immediately notify the City and shall engage a Registered Professional Engineer acceptable to the City to complete performance of the promises and covenants contained herein. 6. The Design Engineer further covenants and agrees that he /she maintains and is covered by Professional Liability Insurance in limits of not less than those indicated in the following schedule: Project Cost Professional Liability Insurance Less than $500,000 $250,000 $500,000 - $1,000,000 $500,000 Greater than $1,000,000 $1,000,000 (Project Costs to be as defined in Section I of the attached Specifications for Urban Engineering Services) and that he /she will maintain same in continuous force and effect for a period of not less than three years from and after final acceptance of the project herein. 7. The Design Engineer further covenants and agrees to comply with Section I, Section II and Section III of the attached Standard Specifications for Urban Engineering Services and that these specifications become a part this contract. r r IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives on the dates set for the below, Executed by the City of Owasso, Oklahoma, on the day of , 20 —_ Executed by the Design Engineer on the —day of 4 < <— 20_Ll_. CITY OF OWASSO, OKLAHOMA a municipal corporation BY Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney APPRO, ` D: ib i rks Dire DESIGN *Design ggineer BY AGREEMENT FOR URBAN ENGINEERING SERVICES THIS AGREEMENT, entered into by and between the CITY OF OWASSO, OKLAHOMA, a municipal corporation, hereinafter called "City" and Darren Burns, Wallace Engineering hereinafter called "Design Engineer ". WITNESSETH: WHEREAS, the Design Engineer has been employed by the Owner/Developer /Subdivider of the herein described real property to prepare all project plans and specifications and to provide certain engineering services during the construction of the hereinafter sometimes referred to as the "Project ", upon easements and rights -of -ways to be owned or controlled by the City; and WHEREAS, the Design Engineer is desirous of obtaining the review (and approval) of the plans and specifications for said project by the City of Owasso Public Works Department; and WHEREAS, the City is willing to review the plans and specifications prepared by the Design Engineer under the hereinafter described terms and conditions. NOW, THEREFORE, in consideration of the foregoing and in consideration of the hereinafter set forth promises and covenants, the parties hereto mutually agree as follows, to- wit; 1. The Improvements to be designed by the Design Engineer (pursuant to this Contract) shall generally consist of the following types of improvements Typical site and infrastructure improvements consisting of water, gas, storm and sanitary sewer design. Also including drainage, detention design, and parking with drives throughout the property. Rev. 11/2007 Appendix B, Part 2 Agreement for Engineering Services City of Owasso which shall be located on the following described tract of land: LIFE CHURCH ADDITION, A subdivision of part of the northwest quarter of the northeast quarter (NW /4 NE /4) of section twenty -one (21) township twenty -one (21) north, range fourteen (14) east of the Indian Base and Meridian, City of Owasso, Tulsa County, State of , According to the U.S. Government Survey Thereof. 14008 East 96th Street North 2. The Design Engineer shall, in conformity with the provisions of the City's Standard Specifications for Urban Engineering Services, including the City's current Design Criteria, which are hereby incorporated and made a part of this Contract by reference, prepare project plans, specifications, and other engineering documents as may be necessary for the proper construction of the project improvement, and shall perform all construction layout surveys, and staking and periodic general construction observation on the project improvements as they are constructed by the Owner and his Contractor. 3. The City shall review (and approve) the project plans, specifications, and other engineering documents for the construction of the project improvements prepared and submitted to the City by the Design Engineer. 4. The Design Engineer shall compensate the City for reviewing (and approving) plans and specifications for the project at the rate of One Hundred Dollars ($100.00) for each plan sheet submitted (other than plan sheet Standard Drawings of the City of Owasso or of the Oklahoma Department of Transportation), except that the minimum charge for each project shall be One Hundred -fifty Dollars ($150.00). Payment shall be due and payable upon presentation of the plans and specifications for the project for review by the City. PFPI plan review and permit fees are waived for governmental entities. No fees shall be collected by the City of Owasso on any public work or improvement performed by or for any city, county, state, or federal governmental entity; provided however, that this exemption shall not constitute waiver of any ordinance requiring the issuance of such permits, and it shall apply only to such permits issued directly to the governmental entity involved. 5. The Design Engineer hereby covenants that he /she is a Registered Professional Engineer in the State of Oklahoma at the time of execution of this Contract, and should the Design Engineer cease to be a Registered Professional Engineer prior to completing performance of the terms and conditions of this Contract, the Design Engineer shall immediately notify the City and shall engage a Registered Professional Engineer acceptable to the City to complete performance of the promises and covenants contained herein. 6. The Design Engineer further covenants and agrees that he /she maintains and is covered by Professional Liability Insurance in limits of not less than those indicated in the following schedule: Project Cost Professional Liability Insurance Less than $500,000 $250,000 $500,000 - $1,000,000 $500,000 Greater than $1,000,000 $1,000,000 (Project Costs to be as defined in Section I of the attached Specifications for Urban Engineering Services) and that he /she will maintain same in continuous force and effect for a period of not less than three years from and after final acceptance of the project herein. 7. The Design Engineer further covenants and agrees to comply with Section I, Section II and Section III of the attached Standard Specifications for Urban Engineering Services and that these specifications become a part this contract. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives on the dates set for the below. Executed by the City of Owasso, Oklahoma, on the day of _ , 20__ Executed by the Design Engineer on the f?'Aday of Apv jj 20 /! . CITY OF OWASSO, OKLAHOMA a municipal corporation BY Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney ROVED: 1 blic Works Director DE G GINE esign Engineer BY P !- G,rs:'L- Title City of Owasso, Oklahoma Standard Specifications For Urban Engineering Services SECTION 1 — GENERAL PROVISIONS 1.01 INSURANCE AND INDEMNITY The Design Engineer shall carry and keep in force during this Contract policies of insurance in minimum amount as set forth below or as required by the Laws of the State of Oklahoma. Public Liability: Bodily injury, each person $100,000 Bodily injury, each accident $1,000,000 Property damage, aggregate $100,000 or combined single limit $1,000,000 Employers Liability and Workers Compensation Statutory Limit Automobiles and trucks, owned hired and non - owned: Bodily injury, each person $100,000 Bodily injury, each accident $1,000,000 Property damage, aggregate $100,000 or Combined single limits $1,000,000 Engineer's Professional Liability Insurance by schedule with prior Acts Endorsement $100,000 Certificates showing the Design Engineer is carrying the above described insurance in at least the above specified minimum amounts shall be furnished to the City prior to the execution of the Contract. The certificate of Public Liability insurance shall show the City of Owasso, endorsed as a named insured under the policy. The Design Engineer shall provide evidence of Professional Liability Insurance in limits of not less than indicated in the following schedule: Project Cost Professional Liabilitv Insurance Less than $500,000 $250,000 $500,000 - $1,000,000 $500,000 Greater than $1,000,000 $1,000,000 Project Cost shall be defined as the cost of all engineering responsibilities and professional services defined by these specifications as well as the cost of all labor and materials to be furnished in construction of the proposed public improvements for the Project. The Design Engineer shall furnish, as part of this contract, an Engineer's Estimate of Probable Project Cost, signed and sealed by the Design Engineer, in order to establish the required extent of liability. Certificates of Professional Liability insurance shall be submitted on the anniversary dates thereof, showing that coverage is maintained in continuous force and effect for a period of three (3) years following final acceptance of the project by the City of Owasso. Said Certificates shall further provide that such insurance will not be cancelled by the insurer without the insurer first giving the City ten (10) days written notice of cancellation. 1.02 PLANS AND RECORDS The City shall, upon request, provide the Engineer with one copy of any preliminary plans, photographs, reports, calculations, topographic surveys, utility location plats and other pertinent public records currently in possession of the City and applicable to the work, provided the City is reimbursed for any cost of reproduction by Engineer. 1.03 OWNERSHIP OF THE WORK The Design Engineer shall furnish the City with copies of data, field notes and studies utilized as instruments of service if requested for reproduction by City. 1.04 TRANSFERS The Design Engineer shall not assign, sublet or transfer any interest in the work covered by this Engineering Agreement without the prior written consent of the City. The consent to assign or sublet any portion of work shall not relieve the Design Engineer from his primary responsibility for the performance of that portion of the work so transferred. 1.05 REVIEWS AND ACCEPTANCES All preliminary and detailed designs, plans, specifications, estimates and other documents prepared by the Design Engineer shall be subject to Review and acceptance by the City. No acceptance shall relieve the Design engineer of his professional responsibility or obligation to correct any defects or errors in his work at his own expense. 1.06 APPEARANCES AND CONFERENCES The Design Engineer shall provide adequate representation at design conferences as may be requested by City in connection with the work or the project. The Design Engineer shall confer with the City at any time with respect to interpretation of plans, correction of errors and omissions, and preparation of such additional drawings or specifications as may be required as the work and project progresses. 1.07 PENALTIES In the event the Design Engineer fails to comply with any of the provisions of the Agreement for Urban Engineering Services, the Engineering Department shall not consider entering into any subsequent agreements with the Design Engineer. SECTION 2 — CONSTRUCTION CONTRACT PLANS 2.01 GENERAL PURPOSE, REQUIREMENTS AND OBJECTIVES The Construction Contract Plans shall provide the City with adequate general plans, design details, construction specifications, and related documents from which contractor may construct the Project. A preliminary plan which approval is necessary before the actual Construction Contract Plans are developed shall, in general, resolve all fundamental location and design problems and delineate them in such a manner as to permit the preparation of final detailed Construction Contract Plans. 2.02 EXISTING INFORMATION AND DATA The Design Engineer shall: a. Provide all professional services necessary to evaluate and coordinate existing information and data which will be necessary in the preparation of detailed Construction Contract Plans. b. Develop new information and refine existing information and data to current status to comply with the requirements of these Specifications. c. Secure appropriate current City written approval of the proposed preliminary plan development criteria and procedure. 2.03 CONSTRUCTION CONTRACT PLANS The Design Engineer shall: a. Prepare detailed Construction Contract Plans, in both horizontal and vertical dimensions, properly dimensioned, showing all known existing topographical features, surface and subsurface facilities as determined by field surveys or as verified by utility or facility owners. These plans shall be prepared in accordance with current design practices of the City and shall include title sheets, typical sections, general notes and summaries of quantities. The lists of quantities shall be separated as may be required for meeting financing requirements and properly symboled in accordance with the Standard Construction and Material Specifications. Plan and profile showing alignment and grade with locations of right of way lines shall also be included. Plans shall be accompanied by such other documents as may be required, and they shall also conform with the requirements of applicable portions of the City's Construction and Material Specifications, Design Criteria, Standard Construction Drawings, Specification for Subsurface Investigations and plan preparation procedures and other directives of instruction of the City. b. Provide, in connection with utilities, the following: Each affected company with an early notification concerning contemplated work and furnish each company approved preliminary plans. Arrangements shall be made with each affected company for a plan showing it's existing and proposed facilities in relation to the existing and proposed construction and submit each plan to the City for approval. The Design Engineer shall, when instructed, incorporated utility revision plans in the construction plans, and shall secure from the utility company a detailed estimate of its cost for making changes prepared in accordance with the requirements of the City. c. Prepare off -site right -of -way plans and descriptions, or bring to current status existing property map and right -of -way plan of descriptions, all in conformance with the requirements set forth in these Specifications and other instructions issued by the City. More specifically, the Design Engineer, in developing the right -of -way plan shall: 1. Prepare a preliminary right -of way plan for field review and approval immediately following approval of alignment and profile showing centerline of survey, estimated construction limits, property lines, parcel numbers, ownership of record, recommended right -of -way limits and existing right -of -way limits. The preliminary right -of -way plans shall be prepared to a scale of one (1) inch equals one hundred (100) feet. In congested or urban subdivided area where one hundred (100) foot scale is unsuitable, the right -of -way plans shall be prepared to a scale of one (1) inch equals twenty (20) feet. The preliminary plans may be a print of pencil tracings appropriately marked to avoid confusion with the final right -of -way plans 2. The final right -of -way plan shall be developed concurrently with the detailed Construction Contract Plan, and shall be completed with prints thereof submitted ten (10) days prior to the Field and Office Check. The property map and summary of additional right -of -way required shall be a part of the final right -of -way plan. Property lines are to be determined and shown on the plan accurately enough that a proper legal description can be written there from without reference to other material. In addition, the right -of -way plan shall show the beginning and end of project, match lines and numbers of matching sheets. (To facilitate use of the right -of -way plan independently from the other sections of the Construction Contract Plan, right -of -way plan sheet numbers a separate series of numbers for sheets comprising the right -of -way plan proper.) When prints or reproducible tracings of right -of -way plans are furnished separately, they shall include the Construction Plan title sheet, showing vicinity map and legend of symbols used. Final right -of -way plans shall reflect the latest information available, all plan revisions, and all approved changes in right -of way to be acquired. Legal descriptions shall be prepared for all remaining parcels of property to be acquired and submitted concurrently with the final right -of -way plans. The Design Engineer, shall, upon request, prepare appropriate plats in accordance with the foregoing. d. The Design Engineer shall submit the final plans to the City for review, together with is recommendations regarding final acceptance, as follows: Plans, elevations and details, unless otherwise specified, shall be presented on sheets twenty -two (22) inches by thirty -four (34) inches in overall size developed at appropriate scale showing all horizontal and vertical information in sufficient detail to permit construction staking on the ground and to indicate and delineate all details necessary for the construction of the complete facility by a construction contractor. 2. The required number of copies of the completed Construction Contract and other necessary documents shall be assembled and presented, and necessary personnel familiar with each design phase or detail shall be assigned to accompany and consult with City upon field Office Conference at times designated by the City. 3. All Changes and modifications required by the City as a result of Field and Office Conferences shall be made, and acceptable reproducible tracings of the detailed construction Contract Plans and other necessary documents shall be delivered to the city. 4. All things required shall be submitted to the City with a transmittal letter providing a brief narrative summary of the pertinent facts concerning the development of the Project. The letter shall advise the city of any special or unusual features of design or construct ion of the Project. 2.04 CITY'S OBLIGATION The City shall review all of the Engineer's submissions and transmit to the Design Engineer the dates of acceptance for all submissions, or, if a submission is not acceptable, a statement of the changes to be incorporated prior to acceptance thereof. City response shall be within 10 working days of receipt. SECTION 3 — CONSTRUCTION OBSERVATION 3.01 GENERAL PURPOSE, REQUIREMENTS AND OBJECTIVES The purpose of supervision of construction by the Design Engineer is to verify that the Project shall be constructed in a good and workmanlike manner and in accordance with the plans, specifications and other contract documents. It shall be the Design Engineer's obligation to achieve this purpose and his obligation shall include, but not be limited to, the matters set forth in these specifications, however, Design Engineer shall not have control over or charge of and not be responsible for construction means, methods, techniques, sequences or procedures, for failure of the Company to comply with the drawings and specifications, or for safety precautions or programs in the connection with the construction work. 3.02 ENGINEER'S SUPERVISORY OBLIGATIONS The Design Engineer shall perform the following in connection with the construction: a. Answer contractor questions, interpret the contract documents, and prepare addenda. b. Visits to the site of the construction at such frequent intervals as is appropriate to the state of construction, during construction but a minimum of weekly visits or as required by the Engineer. Review and check, following the award of a construction contract, the shop drawings of installed equipment, structural agreements and erection plans for each structure designed by the Engineer. Such checking shall verify the conformance of shop drawings with design drawings. d. Preparation of supplementary detailed drawings, together with specifications pertaining thereto when required. e. Upon receipt of marked up and certified drawings from the Contractor, providing contract drawings as necessary to show the work as actually constructed by furnishing the City a set of "Record" drawings on computer disc (AutoCad format compatible with City software), mylar reproducibles and two sets of blackline drawings. f. Assistance to the City in start-up and testing of installed equipment. g. Certification of "Record" quantities. h. Accompany representative of the City in the Final Inspection of the project. i. Submit any soils analysis reports as required before or during construction. j. Provided all staking for control of alignment and grade necessary for the satisfactory construction of the project and additional staking as required by the Engineer. 3.03 CHANGE ORDERS DURING THE COURSE OF CONSTRUCTION a. If during the course of construction it becomes necessary to change the detailed plan of construction due to unforeseen obstructions, conflict with other utilities, other agencies or circumstances, or conditions not anticipated prior to the award of the Construction Contract, the Engineer shall prepare the necessary Change Orders and Revised Plans in order to effect the necessary changes in construction. b. The Design Engineer, during the course of Preparation of necessary Change Orders, shall coordinate the revised plans with all affected agencies or firms on which original coordinated approval was secured in these specifications prior to approval by the City of the necessary Change Order. c. The Design Engineer shall carry out the necessary negotiations with the Construction Contractor prior to presentation to the City of the Change Order for approval. Following approval by the Construction Contractor, The Design Engineer shall present same to the City in accordance with the established procedures for approval of the original Construction Contract as covered in those specifications. END OF TEXT Oe ThCC­ityut Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Juliann M. Stevens Deputy City Clerk SUBJECT: Citizen Request to Address the City Council DATE: July 15, 2011 BACKGROUND: The City Clerk's office has received a citizens' request to address the City Council during the July 19, 2011 City Council meeting. An item has been placed on the July 19, 2011 City Council agenda in order to accommodate the request. A copy of the correspondence is attached for your review. ATTACHMENT: 1. Correspondence dated July 8, 2011 Kamas, Kian From: Stevens, Julie Sent: Friday, July 08, 2011 12:09 PM To: Rebecca Armstrong Cc: Kamas, Kian Subject: RE: Council meeting Follow Up Flag: Follow up Flag Status: Completed Thank you. A copy of the meeting agenda will be forwarded to you via e -mail no later than Friday, July 15' °. .;r�.t�'Y71t;7tt5`�9'Lt�i;l'E? i�SSd,S'ZCA:f2�; Qt,ftce of the City ,'A1anaf,7ei- C'i:ty of Owasso, 00aho'ma g i 8,37 H. 1517 ivwiv.cityofowasso. com Stay inf0rvLed_by_fo1K)wing Owasso on Twitter From: Rebecca Armstrong Sent: Friday, July 08, 2011 12:00 PM To: Stevens, Julie Cc: Subject: RE: Council meeting Julie, I would like to discuss the issue of the city code concerning driveways and parking in residential neighborhoods. From: Stevens, Julie [ mailto :JstevensCa@CityOfOwasso.coml Sent: Friday, July 08, 2011 11:55 AM To: Rebecca Armstrong Cc: Subject: RE: Council meeting Thank you for your e -mail requesting to address the City Council during the July 19`" regular meeting. In order to comply with the Open Meeting Act, I will need a brief description of the topic or issue. This information must be placed on the meeting agenda to provide the public with a general idea of what will be discussed. A reply to this e -mail with the information will be sufficient and should be received by July ffh' Respectfully, .;�ldifi��atist� ~atr:�re .;ts'srst:anf: Cif %ce of 'he (. it'y ,Vanagev C11 y of (hvasso, 001l o-ma www.cityotowasso.com 1 Stay i?ifoi- i�iedl� vfoCColi, iic� twt,t,sso on ` "iviiter- From: Rebecca Armstrong Sent: Friday, July 08, 2011 11:34 AM To: Stevens, Julie Cc: Subject: Council meeting Importance: High Julie, My name is Rebecca Armstrong and I would like to address the city council at their next council meeting. Can you please add me to the agenda for the meeting on July 191h? My personal email address is and my cellphone number is RebeccaArmstrong, X, P The preceding email message (including any attachments) contains information that may be confidential, protected by the attorney- client or other applicable privilege, or constitute non - public information. It is intended to be sent only to the recipient(s) named above. If you are not an intended recipient of this message, please notify the sender by replying to this message and then deleting it from your system. Use, dissemination, distribution, or reproduction of this message by an unintended recipient is not authorized and may be unlawful. The City Wit7out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Angela Hess Finance Director SUBJECT: Supplemental Appropriation for SAFER Grant Federal Fiscal Year 2012 DATE: July 15, 2011 BACKGROUND: In September 2010, the City of Owasso Fire Department applied for the Department of Homeland Security Staffing for Adequate Fire and Emergency Response (SAFER) Grant Program. The grant application was for the funding of six career firefighter positions to be hired by the Owasso Fire Department. On June 3, 2011 the US Fire Administration announced the City of Owasso had been awarded the SAFER Grant. The SAFER Grant program will fund firefighter positions not currently budgeted for in FY12. The grant award will fund the following maximum reimbursement amounts for Year 1(FY 2012) and Year 2 (FY 2013): Year 1: actual cost, up to $430,452 (includes salary & benefits for 6 firefighters) Year 2: actual cost, up to $445,523 (includes salary & benefits for 6 firefighters) Year 3: 100% of expenses associated with the 6 firefighters would be paid by the City The total grant funds to be received are $875,979 for the two years of the grant. With the addition of the six firefighters the fire department will be closer to obtaining the desired staffing levels which have been outlined in the plan and will increase the City's opportunity for improving the overall ISO (Insurance Services Rating) rating. RECOMMENDATION: Staff recommends City Council approval of a budget amendment in the General Fund increasing estimated revenues by $430,452 and increasing the appropriation for expenditures in the General Fund by $430,452. The City Wit c}ui Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Michele Dernpster� Hurnan Resources Director SUBJECT: Fraternal Order of Police (FOP) Fiscal Year 2011-12 Contract DATE: .July 1,5, 201 1 Negotiations between the City and the Fraternal Order of Police (FOP) have reached a tentative agreement. The proposed fiscal year 2011 -2012 contract provides for a one -year contract that includes the one -time pays incorporated in the 2011 -2012 budget providing increases to eligible members of the bargaining unit. The agreement provides for the following changes... y Recognition of ranks of Senior and Master Patrolman (title recognition only, no correlating adjustment in pay). y Option to convert December's Holiday pay to Vacation leave. r Increase in flexibility for scheduling of officers assigned to Community Policing. i On call pay for officers required to be on call by the courts. y Increase of $25 per month in health premiums which will be waived for members who elect to participate in a Biometrics screening. Reduction in time period required for "acting" assignment pay for Sergeants and Lieutenants. v Continuation of existing contract language on all other issues. y The contract does not contain any across - the -board increases. The total increased cost of this contract is $31,230. COMMENTS: Both the Lodge members and the City administration worked hard to develop an agreement that is in the best long -term interest of the citizens and the officers and maintains the fiscally conservative, proactive approach utilized by the City. Credit is due to both teams and their Chief Negotiators - Ken Yount for the FOP and Warren Lehr for the City. RECOMMENDATION: Staff recommends approval of the 2011-12 contract between the City of Owasso and the Fraternal Order of Police (FOP) Lodge # 149 and authorization for the Mayor to execute the contract. The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Karl Fritschen Community Development Director SUBJECT: 2011 CDBG funds for the Owasso Skate Park DATE: July 15, 2011 BACKGROUND: On July 5, 2011, the Owasso City Council approved Resolution No. 2011 -05, which requested assistance through Tulsa County CDBG Urban County Program and affirmed the City's commitment to facilitating the receipt and administration of any awarded CDBG funds. After researching eligible areas and projects which would meet the objectives of the CDBG program, staff is recommending that 2011 CDBG funding be used for improvements to the Owasso Skate Park. For the 2011 CDBG funding cycle, the City is expected to receive $108,114. At the July 12, 2011 City Council Work Session, the proposed Owasso Skate Park project was further discussed and a short presentation was made illustrating the design concept. The current proposal for use of the 2011 CDBG funds converts modular equipment at the Owasso Skate Park to permanent structures, thus providing a high quality amenity for Owasso youth. Staff has also noted that these improvements could serve as the foundation for the creation of an "ideal" project. If pursued, the proposed use of 2011 CDBG funds could serve as Phase 1 of a multi -phase project. Future CDBG Funds or funds from other sources could be utilized for building the additional phases, which would result in the continued expansion and upgrade of the Skate Park facilities to accommodate varying sports and levels of expertise. The cost for initial upgrades to the Owasso Skate Park is estimated to be between $110,000 and $125,000 dollars. APPLICATION: The CDBG process requires an application signed and notarized by the Mayor that notifies INCOG of the intended use of the funds and a basic project description. RECOMMENDATION: The staff recommends City Council approval of an agreement between the City of Owasso and the Indian Nation Council of Governments ( INCOG), establishing the FY 2011 CDBG Project through the submission of the FY 2011 Metro City Application; and authorization for the Mayor to execute the agreement, ATTACHMENTS: A. Metro City 2011 CDBG Application FY2011 METRO CITY APPLICATION GUIDANCE The CDBG program is authorized under Title I of the Housing and Community Development Act of 1974, as amended. The purpose of this Application Guidance is to provide assistance in preparing a Community Development Block Grant- Metro City application for the FY2011 Tulsa County CDBG Urban County Program. Eligible Entities Cities included in the Tulsa County CDBG Urban County Metro City designation, the funding allocation to the city, and the percentage of low and moderate income population for each is listed below: Percentage Applications should be submitted to: INCOG Claudia Brierre 2 West 2nd Street, Suite 800 Tulsa, OK 74103 cbrierreCaD-incog.org National Objective The primary National Objective of the Community Development Block Grant (CDBG) Program is the "development of viable urban communities by providing decent housing and a suitable living environment, particularly for persons of low and moderate incomes." All project proposals submitted for funding through the CDBG Program must document the achievement of at least one of the following National objectives: • Provide benefit to low and moderate income persons. Guidance Community Development Block Grant (CDBG) 2011 Tulsa County Urban County Page 1 of 6 Allocation Low /Mod Amount Population Broken Arrow $421,525 24.0 Bixby $53,987 26.9 Jenks $38,306 25.9 Owasso $108,114 30.2 Sand Springs $77,178 38.4 Sapulpa $128,850 49.0 Applications should be submitted to: INCOG Claudia Brierre 2 West 2nd Street, Suite 800 Tulsa, OK 74103 cbrierreCaD-incog.org National Objective The primary National Objective of the Community Development Block Grant (CDBG) Program is the "development of viable urban communities by providing decent housing and a suitable living environment, particularly for persons of low and moderate incomes." All project proposals submitted for funding through the CDBG Program must document the achievement of at least one of the following National objectives: • Provide benefit to low and moderate income persons. Guidance Community Development Block Grant (CDBG) 2011 Tulsa County Urban County Page 1 of 6 • Aid in the prevention or elimination of slums or blight. • Meet other community development needs having particular urgency, posing a serious or immediate threat to the health or welfare of a community. Most CDBG applicants qualify their project activities under the National Objective of benefit to low and moderate income persons. Applicants are cautioned that qualifying a project under slum or blight or urgent need is a difficult process that has very limited application and can only be used under special conditions and circumstances. Therefore, you are urged to qualify your proposal under benefit to low and moderate income persons. Applicants who qualify a proposal using slum and blight or urgent need must receive guidance and approval from INCOG. To qualify for CDBG funding under the National Objective of benefit to low and moderate income persons, the proposed project activities must show a positive or general improvement of living condition in a definable geographic target area where at least 51 % of the occupied households /homes are of low and moderate income families. Low and moderate income families have an income equal to or less than the current Section 8 low income limits established by the United States Department of Housing and Urban Development (HUD). Each activity proposed for funding with Community Development Block Grant(CDBG) dollars claiming the National Objective of benefit to low and moderate income persons, must provide data indicating the percentage of low and moderate income beneficiaries. Application Criteria 1. No matching funds are required. 2. No administration expenses will be funded with CDBG funds. 3. Engineering is a permissible use of CDBG funds. 4. Income surveys of the project target area must be conducted. The use of Census Tract or Block Group data to document the percentage of low and moderate income beneficiaries for any CDBG funded activity should receive prior INCOG review and approval. 5. Applicants must hold an application phase Public Hearing informing citizens of the proposed project and submit documentation of the Public Hearing with this application. Notice must be given at least 7 days prior to the public hearing by publication in jurisdiction newspapers; or by posting at city halls. Acceptable documentation consists of the affidavit of publication or a copy of the newspaper article announcing the public hearing, or copy of certified posted notice. Tulsa County has prepared a Citizen Participation Plan on behalf of the Urban County communities; therefore, the individual community does not need to prepare a full Citizen Participation plan. Guidance Community Development Block Grant (CDBG) 2011 Tulsa County Urban County Page 2 of 6 6. Specific projects identified in the application must have cost estimates derived from professional sources. Water and wastewater projects that require Oklahoma Department of Environmental Quality construction permitting must have certified cost estimates from a professional engineer licensed to work in Oklahoma. For other types of projects, professional cost estimates may be derived from architects, engineers, vendors, construction companies, or appropriate personnel qualified to make such estimates. Use of Funds The CDBG Program funds a broad array of projects and activities including but not limited to the following: • Water and wastewater system improvements • Solid waste • Fire protection • Streets • Parks • Housing activities including construction, emergency repair, rehabilitation • Acquisition of real property for eligible public purposes • Clearance, demolition and removal of buildings and improvements • Senior citizen centers • Gas and electrical system improvements • Removal of architectural barriers associated with handicapped areas • Storm water drainage improvements • Economic Development • Social services- (City of Broken Arrow only) Guidance regarding eligibility requirements can be found in 24CFR 570.201 of the Federal Housing and Community Development Act of 1974, as amended. Proposal Guidance Applicants are encouraged to contact the staff persons listed below with questions regarding program requirements, project conceptualization, or any portion of the Application Packet and /or Guidelines. Claudia Brierre 579 -9431 Barbara Albritton 579 -9420 Steve Boettcher 579 -9453 Required Application Documents 1. Application Summary Guidance Community Development Block Grant (CDBG) 2011 Tulsa County Urban County Page 3 of 6 This form contains information about the specific project and includes a certification from the local government attesting to the accuracy and completeness of the application. The certification form must be completed and signed by the chief elected official of the local government. 2. Line Item Budget (Application Form Attachment A) The description of project activities along with a budget (form provided as Attachment A) should be as specific as possible as they will form the basis of your contract. This Budget should match Professional Cost Estimates submitted with the application. 3. Direct Project Beneficiary Income Survey (Survey Summary Form Attachment B) Income surveys for each proposed CDBG funded activity are a requirement unless using census tract or block group data. Determination of project beneficiaries: City -wide- An activity which will serve the entire city (such as wastewater treatment), provided that the city has a low and moderate income percentage at or above 51 %. If the LMI percentage is below 51 %, an income survey with a 75% response rate must be provided. Area benefit- An activity which benefits all the residents in a particular area where at least 51 percent of the residents are low and moderate income persons. Examples would include resurfacing of a collector street or construction of a fire department substation. Direct benefit- An activity which requires information on household size and income so that it is evident that at least 51 percent of the clientele are persons whose household income does not exceed the low and moderate income limit; or an activity which has income eligibility requirements which limit the activity exclusively to low and moderate income persons. Presumed benefit- Benefit a clientele that is generally presumed to be principally low and moderate income persons. Activities that exclusively serve a group of persons in any one or a combination of the following categories may be presumed to benefit 51 percent low- and moderate - income persons: abused children, battered spouses, elderly persons, adults meeting the Bureau of the Census' Current Population Reports definition of "severely disabled," homeless persons, illiterate adults, persons living with AIDS, and migrant farm workers. Guidelines to identify specific beneficiaries for various activities: • Water or Wastewater Line Replacement or Rehabilitation. Those households directly tapped to or receiving improved service from the lines. Generally, beneficiaries are considered those persons residing in houses who receive their water through new, replaced or upgraded lines, or houses that discharge sewage into or through an improved collection line or main en route to the treatment plant. Guidance Community Development Block Grant (CDBG) 2011 Tulsa County Urban County Page 4 of 6 • New Wastewater or Water Extensions to Previously Un- served Areas. The households /homes that will actually be connected to the wastewater or water line extensions. Service to newly- constructed subdivisions will not be funded due to environmental review requirements. • Flood and Drainage Improvements. Households /homes within the recognized drainage basin. • Fire Protection. Households /homes (buildings, vehicles and equipment) residing within the response area of the fire station; or using actual residential calls made by a fire station over the prior 12 month period, conduct a survey of those residences obtaining no less than 75% response rate. • Senior Citizen Centers and Community Centers. Households /homes within the designated service area of the proposed center. If there is only one center in the community, the service area can be considered to be the entire community. If there is more than one center, then the Applicant must delineate the service area of each center. Senior Citizen Centers are presumed to benefit low and moderate income persons. • Demolition /Clearance /Removal of Junk and Debris and /or Abandoned Inoperative Vehicles. Households /homes within the geographic area designated to receive the focus of the demolition, clearance and /or removal activities. Typically, the properties located within the geographic area designated to receive the demolition /removal activities are considered to be beneficiaries. • Provision of Accessibility for the Handicapped to Public Buildings. The households /homes within the geographic area that receive services from the assisted public building(s). Providing handicapped access to a city hall would provide benefit to the households /homes in the entire city. Proposed handicapped access activities in connection with limited clientele facilities are presumed to benefit low and moderate income persons. • Street Improvements /Sidewalk Improvements. The households /homes that have at least one property line abutting the improvement. 4. Identification of Other Project Funding Sources (Application Form Attachment C) Match and leverage are not required for the grant, but should be identified if applicable to the project. 5. Certified Engineering Reports and Professional Cost Estimates (Application Form Attachment D) Water and wastewater projects that require Oklahoma Department of Environmental Quality construction permitting must have certified cost estimates from a professional engineer licensed to work in Oklahoma. For other types of Guidance Community Development Block Grant (CDBG) 2011 Tulsa County Urban County Page 5 of 6 projects, professional cost estimates may be derived from architects, engineers, vendors, construction companies, or appropriate personnel to make such estimates. 6. Applicant Resolution (Application Form Attachment E) Applications must include a Resolution passed by the governing body requesting CDBG assistance from the Tulsa County Urban County program. A sample Resolution is provided as Attachment E of the application. Guidance Community Development Block Grant (CDBG) 2011 Tulsa County Urban County Page 6 of 6 TULSA COUNTY URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION FOR FY2011 FUNDS 1. Name of Unit of Local Government city r)t nIniaccn Mailing Address 111 North Main Owasso, OK Zip Code +4 74055 -0180 Phone Number (918)376 -1500 Fax # (918)376 -1599 FEW 73- 6069613 DUNS 736069613 Chief Elected Official Mayor Doug Bonebrake Clerk Sherry Bishop 2. Name of Staff Contact Brian Dempster Phone Number (918)376 -1544 E -mail bdempster(cDcitvofowasso.com 3. Project Title and Brief Description of Project n %A /aCCf) Okata Park anhannamantc (Attach additional detail as needed) 4. Number of beneficiaries served 1,181 Census Tract/Block Group # 58.01/2,3 5 Project Budget Summary: CDBG Funds Other Sources Total Application Community Development Block Grant (CDBG) 2011 Tulsa County Urban County Page 1 of 2 $ 108,114.00 $ 108,114.00 TULSA COUNTY URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION CERTIFICATION The Applicant hereby certifies that all of the information contained in this application for community development assistance through the Tulsa County CDBG Urban County Program is true and accurate to the best of my knowledge and that all documentation supporting the information in this application is on file in the official offices of this unit of local government, available for review by Tulsa County /HUD during normal business hours. The Applicant also affirms that none of the activities set forth in this application have been initiated, nor shall they be initiated unless a grant has been awarded, a contract fully executed, and notice has been issued by Tulsa County that release of funds requirements have been met. Mayor Doug Bonebrake (Type) Name and Title of Chief Elected Official KI [S E A LI Signature of Chief Elected Official State of Oklahoma County of Attest: Subscribed and sworn to before me , 20 Clerk Application Community Development Block Grant (CDBG) 2011 Tulsa County Urban County Page 2 of 2 Date COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2011 TULSA COUNTY URBAN COUNTY BUDGET Name of Applicant: C ll� D 0WASS O ATTACHMENT A Itemized Description of Funding Source Funding Source Funding Source Total Project Construction Activity CDBG Grant City Other Expenditures Skate Park Enhancements Total Construction Activity Professional & Non Construction • Engineering /Architect Funds • Inspection Funds Other: Survey Other: Other: Total Professional & Non Const. Administrative Costs Public Administrative Funds Direct Administrative Funds Total Administrative Costs Total Project Costs 2011 Tulsa County CDBG Urban County Budget $108,114.00 $ - - - - - -- $ - - - - - -- $0.00 $0.00 $0.00 $0.00 If additional is space needed, attach additional sheet(s) Attachment C COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) TULSA COUNTY URBAN COUNTY INDENTIFICATION OF OTHER PROJECT FUNDING SOURCES Federal /State participation, if any (loans, grants, etc.) provide commitment letters. Agency Purpose Amount Present Status Comment Other sources and amount of project financing including applicant's local contribution, if any. Agency Purpose Amount Present Status Comment i Chief Elected Signature Other Funding Sources — Attachment C Community Development Block Grant 2011 Tulsa County Urban County Page 1 of 1 Date ATTACHMENT D COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2011 TULSA COUNTY URBAN COUNTY Please attach Certified Professional Cost Estimates /Engineering Report (where applicable) See attached Cost Estimate from Project Engineer. Additional Description Owasso CDBG Project for 2011/12 The City of Owasso proposes to make improvements to its existing skate park by adding some permanent concrete features and a sun shade. The project will replace some of the moveable jumps and ramps that currently exist at the park. The project is located at the current location of the skate park, which is approximately 5th Street and South Main Street. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) TULSA COUNTY URBAN COUNTY DIRECT PROJECT BENEFICIARY INCOME SURVEY SUMMARY FORM Activity Name: ATTACHMENT B COMPLETE THIS SECTION BY PLACING THE TOTAL NUMBER OF HOUSEHOLDS OBTAINED FROM THE HOUSEHOLD SURVEY IN EACH APPROPRIATE COLUMN Insert County Income Levels 33,250 38,000 42,750 47,450 51,250 55,050 58,850 62,650 Number of People in Each Household 1 2 3 4 5 6 7 8 Below or Above the County Income Levels Below Above Below Above Below Above Below Above Below Above Below Above Below Above Below Above Total Number Of Households 23 1 13 73 1 38 48 1 11 16 1 8 4 1 5 3 J 0 0 0 0 0 Total Number of Occupied Households /Homes in Activity Target Area = 492 Total Number of Persons in Activity Target Area = 1,181 Total Number of Occupied Households /Homes Surveyed in Activity Target Area = 251 Total Number of Persons Accounted for by the Survey in the Activity Target Area = 601 Total Number of Households Below the Low and Moderate Income Level in the Activity Target Area = 176 Percentage of Total Households Below the Low and Moderate Income Level in the Activity Target Area = 77.11% I hereby certify that the above information was obtained from the occupants of the addresses listed and the information is accurate: City -wide Low and Moderate Income Level (For use only when projects are of City -wide benefit.) Signature of Chief Executive Official [Seal] Date Subscribed and sworn to before me 20 Commission No Community Development Block Grant (CDBG) 2011 Tulsa County Urban County Beneficiary Income Survey Summary — Attachment B HUD Census Data for Low and Moderate Income Level for Block Groups, Enumeration Districts or Census Tracts as Provided by HUD (For use only when a project's target area boundaries are identical to BG, ED or Tracts) My commission expires , 20 Clerk/Notary Signature The City Witiaut Limits. . TO: The Honorable Mayor and City Council FROM: Bronce L. Stephenson City Planner SUBJECT: Final Plat Reserve at Elm Creek DATE: July 15, 2011 BACKGROUND: The City of Owasso received a final plat for review and approval of the Reserve at Elm Creek. The Reserve at Elm Creek Final Plat proposes forty one (41) lots in three (3) blocks on approximately 10.42 acres of property. The applicant wishes to plat the property for the development of a single - family residential subdivision. The subject property is located near the northwest corner of the intersection of 66th Street North and North 129th East Avenue. The zoning on the property is governed under a PUD (PUD- 04 -01), with Agricultural (AG) underlying zoning. SURROUNDING ZONING: Direction Zoning Use Land Use Jurisdiction Plan Agricultural Single - Family North (AG) Residential and Residential Tulsa County Agriculture PUD -10 -01 and Single - Family South Agricultural Residential and Residential Tulsa County AG Agriculture Agriculture Single - Family East (AG) Residential and Residential Tulsa County Agriculture Agriculture Single - Family West (AG) Residential and Residential Tulsa County Agriculture ANALYSIS: The subject property was part of a PUD that was approved in 2004 (PUD- 04 -01) and consisted of a residential subdivision. The original PUD expired, but was approved again in 2010 (PUD- 10 -01) and consisted of the same residential concept with the same lot layout. A preliminary plat for the development was reviewed and approved by the Planning Commission. Part of the PUD approval for PUD -10 -01 was to allow lots that are smaller than currently allowed by the Owasso Zoning Code. This final plat would develop a portion of the PUD for the Reserve on Elm Creek with forty one (41) lots in three (3) blocks on approximately 10.42 acres of property. The lots range in size from 0.12 acres up to 0.31 acres, and the majority of the lots have lot frontages around fifty two (52) feet wide. The Reserve on Elm Creek would be accessed with an entrance from North 129'" East Avenue. The plat shows roads and easements that will allow future development to connect to the Reserve at Elm Creek from the south, west, and east. A reserve area is shown on the plat that is proposed to be used as a park area. Detention is proposed in an area to the northwest of the plat. A one hundred (100) foot GRDA utility easement lies along the eastern side of the subject property. Appropriate utility and drainage easements are proposed throughout the plat that will allow for the movement of stormwater and the placement of utilities that will serve this development and future developments in the area. TECHNICAL ADVISORY COMMITTEE: The Technical Advisory Committee reviewed the final plat for the Reserve at Elm Creek at their regularly scheduled meeting on June 22, 2011. No major comments were brought forward by the members of TAC, and only minor corrections were required on the plat. Any development that occurs on the subject property must adhere to all subdivision, zoning, and engineering requirements including but not limited to paved streets, landscaping, and sidewalks. Additionally, any covenants and restrictions that were approved as part of PUD -10 -01 shall be strictly adhered to. The development will be provided with water service from Rogers County Rural Water District 3. Sanitary sewer, police, fire, and EMS service will be provided by the City of Owasso. The property will be subject to all payback fees, including the Storm Siren fees of $35 per acre. The applicant will have six (6) months to file the final plat from the date of City Council approval or it shall be null and void. PLANNING COMMISSION: The Owasso Planning Commission reviewed this item at their regular meeting on July 11, 2011, and is recommending City Council approval. RECOMMENDATION: Staff recommends City Council approval of the final plat for the Reserve at Elm Creek. ATTACHMENTS: A. Final Plat Reserve at Elm Creek B. Area Map P L r �> ONE N ' 8'54 "E 1329. ' W. 52. .00• 520 52 52A0 X 00 0 .00' 6200' 2.00 - _89' x•34' SF140E0 17.5 k 0.0.E n n I =�°n 1= n yes �� Oetmrion Aran W za u =o I zr o zo 0 9 0 $ r o 6 o is �o I. I 13 _ 8 I. rz rr S 4 Ae� �0 1s9 AC. O to ° tt7 . 1 0.12 1 A, I 0.4 _ m0.14 . 2 E 12 AcI 0.12 Ac. � '1'�•" � _ x \ �Q O• -OG IN - -� �' _ TT -- -- _ -- -- _ 52.0 ' 52.00' S2.00�5 U�`52 0 ' 5200' 5200' 52.00' 5200' 5200 U/E47.00 B2L56 47. 0 ' !gr 139Ac. 00 1 / 515. in a ICI& , 0.69 \ 128th EAST AVE UE Naroe ,1 N00'08'S4 1n R"15 N o8'54'E 345.74' e.avat a 55.65 55.65 SS.fiS 55.65 S5.g 46.99 85.60' 55_14_ 55.13r -.13 -� \ 7 v �baa • 0.1 -\ 0 14 -� S o o \ '� �• V JS'S4 "E n 1p o o a $ 3 2 " i W �F�jj ` 1 I g to g 9 So 6 g g I o VyS�u E �• "0 6 "0 5 0 o o m1 acsy w 00.60' 0.73 Ac. ° 0.73 Ac. 610- rn N "0.15 Ac.^ 5 Ac.- 0.15 Ac. .15 Ac 0.15 A.. 0 22 I o ^ 1 7 0 24 Ac. N.- �0 / -_- - - - -- - $ 5.14 55.13' .13' I o; 6 �� 1 8 o' - S I I o.1 Ac. 0 j'y/ %/rc- : - EASEUt7+n�.: ,:"� 2 Nov 's4'E �8' 2a u - -- - -- - - - -- - LL J /�%/�` /,. 94' I W o.79 Ac 55. 55.65' 55.65' 55.65 55.65' •�' 10 6 ' yii%� 4� y3 ,IS•,u„y,W�,;. _ ,340.25' �:�' .o r p rk Area �� � :R�'x " r Park Area cress d UfiL Easement •+ an U6liry Eas ent •�' �,% Qi 06 N00'08 54 "E 25' �s',/�% /.;�,•;,,� y''' S8 49'25 'E N00 5-b s ;,may /'I.. ys � f . I o� w N I 0:5 Ac. a �. 1 .40 5'J�Na�o 4_ x ,5 3 PriOREP QTY �J'WN�R. b 2.98 N001 35 "E S '49'2 °� W r \j o I 0.16 Ac. �'o ,Z g F °.1� ^j i101� !�L.1 ��ONS FR F��T t �J� U/E " u _ 7.5' UA - h F, 11 DONh 1011\11 cc""� ORATION L - NO°'I0 5 - (N T IN LUDE:D N THIS FLAT) " 1 0.17 Ac. I " " Iv' 1 .OY O w 143.00' co 1 3 e N i- i__„ N� Ac. g I o (VpI 1il (y I 143. 0' %la M Z co co to I I g 0 a o. 0 Ac. I Y 2s' 25 Y I o.3� Ac. -- -- - -- -- - - -- -- - -- - - - - m 1 U Li�0600' \ 15' � � - -' LE- o r4' soo•10' soQ10'3 1Y su 18.31 119.63 L o f 318.67' r\ UNE OF SECTION 32 N00'10'35 E -[ON 32 ° NORTH 129th EAST AVENUE S00' 0 305 w THE NORTHEAST CORNER C THE S/: SE /4, NE/4, SE /4, SECTION 32 FINAL PLAT OF THE RESERVE ON ELM CREEK PART OF THE EAST HALF (E /2) OF THE SOUTHEAST QUARTER (SE /4) OF SECTION THIRY -TWO (32), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF REserve on Elm Creek - OPUD 10 -01 1:0028 City Council 07/06/2011 f} This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy, please contact Owasso staff forth e most up -to -date information. V nTheCity Wit out Limits. TO: The Honorable Mayor and City Council FROM: Bronce L. Stephenson City Planner SUBJECT: Final Plat Christian Brothers Automotive DATE: July 15, 2011 BACKGROUND: The City of Owasso received a final plat for review and approval of Christian Brothers Automotive. Christian Brothers Automotive proposes one (1) lot on one (1) block on approximately 0.645 acres of property. The applicant wishes to plat the property for the development of an automotive repair facility, for which they recently were granted a Specific Use Permit. The subject property is to the southeast of the Caudle Center commercial development located at the southwest corner of the intersection of Garnett Street and 96th Street North. The zoning on the property is governed under a PUD (PUD- 02 -01), with Commercial Shopping (CS) underlying zoning. SURROUNDING ZONING: Direction Zoning Use Land Use Plan Jurisdiction North PUD -02 -01 Commercial Commercial Owasso Commercial Stormwater South Commercial Owasso General CG Detention Single - Family Agricultural East Residential & Commercial Owasso (AG) Agricultural West PUD -02 -01 Commercial Commercial Owasso ANALYSIS: The final plat for Christian Brothers Automotive consists of one (1) lot on one (1) block on approximately 0.645 acres. The applicant is platting the property for the purposes of developing an automotive repair facility. The subject property is to the southeast of the Caudle Center commercial development located at the southwest corner of the intersection of Garnett Road and 96th Street North. The lot will be accessed from an internal drive that currently serves the Caudle Center. Additionally, a secondary access point is required for fire safety, so a mutual access easement is proposed along the northern property line that will eventually allow access between the properties. There is a drainage easement along the south side of the property that will provide the City with access to the Garnett Regional Detention facility located immediately south of the subject property. This property is subject to Garnett Regional Detention Facility payback, which is due at the time of final platting of the property. The subdivision regulations state that any final plat that is not recorded in Tulsa County within 6 months of approval shall be null and void. Technical Advisory Committee: The Technical Advisory Committee reviewed the final plat for Christian Brothers Automotive at their regularly scheduled meeting on June 22, 2011. No major comments were brought forward by the members of TAC, and only minor corrections were required on the plans Any development that occurs on the subject property must adhere to all subdivision, zoning, and engineering requirements including but not limited to paved streets, landscaping, and sidewalks. Additionally any covenants and restrictions that were approved as part of PUD 02 -01 shall be strictly adhered to. Sanitary sewer, police, fire, water, and EMS service will be provided by the City of Owasso. The property will be subject to all payback fees, including Storm Siren fees of $35 per acre. The applicant will have six (6) months to file the final plat from the date of City Council approval. Planning Commission The Owasso Planning Commission reviewed this item at their regular meeting on July 11, 2011 and is recommending City Council approval. RECOMMENDATION: Staff recommends City Council approval of the final plat for Christian Brothers Automotive. ATTACHMENTS: A. Final Plat Christian Brothers Automotive B. Area Map Final Plat Christian Brothers Automotive Center Owasso Addition THE NORTHEAST QUARTER (NI OF SECTON 19 Deed of Dedication A PART OF M (tAE'axraPa-). 9CNC — sac awa M wE FDU I IES ... TOWNSHIP 21 NORTH, RANGE 14 EAST EsrAx 9ruArtP a rxE an v Muwc(m[MaArvT. wuA warn. al..wau: AN ADDITION TO THE CITY OF OWA550, TULSA COUNTY, OKLAHOMA Ii Eu rsxAc)Oel.wrlswrx Oslro rluir - a[:Iri AID u. 1Nwa AID IT I ia°Gxxxcs0:nNxu aET, GIAGE E LAX _ axs. s): w o �:s° c ,wi sl..li ro xs[°Mfgtlw1mn mAS AuroM9nw TExtw Pwxsso AvanM M, Arw.nM m TxE an a a'vA:ia nxsA wuxn srAx a aRAx.A (tNE wanDIV) NO 1. PII/TIC STREETS AND UTDtt EASEMENTS. Mg TI a _s xe —1 m AID uPM SNU EA9EMmrs AW eMrs- cl -lwv M rxr usES AID ELMas[s rxu[a. aSNTNMb, wsM Ms °MWi Certain Restrictions 2 aNOFRCW axA1ND EIE IRI AIF Uw�EMNawen[ 1 xc�rNEU�sxax[ .wD c.wr —I' sagas wt Eon AA[ watt ro Tn[ a— ° c_' " a" s1Ow� nw' wwsw ectRlcsunNa u« R. �ivsr.l°fae1MLUl a wv°M° 1. Is I M sAw xwx. rEarxa a µtlrva Ar[teWaaM swDID. NCx aansxc xtumwR os Ax° Exn° _42 A, aLLHROI ws saarwAUmir i'r swnxc,awc a Rvuaw Avv anu IT SID wawcawx° ¢sctRe rRV1wxE, m c.ws "Ay TI AID ME x[l°CAT. er wM 1A S uU %c a x[aserAwa ry Am a ne nMN[°ax, In A¢x a1 °mirnA�CrsMiW r� 1. � IT D. UNDERGROUND CAS SEANCE IT maA«a M + f0°e�xas �"�i sAS �nrss sxlu ss .x.RCAU.Iw.re° AT al, .. — —CE: wm.+a T° -- sai — txe saga As PAr FM c.A.: M Ra«AnM a sua rAauxa Cwsm 91 Acrs a 9sM awm M GS Amts M Iwx�niur`�A'wa`"'°wR�e Tiw TI 4. WATER, SANITARY AND ST(MM SETTER. w a,ru nvr� • nr •ue u,u urtsur tut uxRUnM x M_ a IXau mat Ta asaXAl WiaMS aR°Awv MMS11Ai11�cnM EA°CTN1Y 5. L SCAPE AND PANNG REPAIR. _ M "Us s" UPM rtx (5) IA 6. INGRESS, E.E55 AND WA—AYS. SURVEYOR: '''rm1 \�i s^ tT...flJl uu XNY'SOd:u[x+ OWNER/DEVELOPER: ENGINEER Benchmark Surveying & _ Christian Brothers Cross Engineering Consultants, Inc. Land Services, Inc. Automotive Corporation 106 W Louisiana St P.O. Box 1078 J 15995 N Barker Landing, Suite 145 McKinney, Texas 75069 Owosso, Oklahoma 74055 //11�I .•. Houston, Texas 77079 Phone: (972) 562 -4409 Phone: (918) 274 -9081 Phone: (281) 870 -8900 ext.105 ��• �1 t,1 sEAexc 9q[ Mcw:wN cn4i a cxa[ c[Nra dNT OF COMMENCEMENT w NE CdINER aF SEC 19. T -21 -N, R -14 -E r N.xaroMNN� Ircw usMPN f 0 90.0 G.G q I"I e «vt6C4 Scda: 1•a4O' it 'P 3� '1 Act I I " i w I IF wA, T �i u•U_ In -. n1..... 1g^ —'ds \ • z I � — �z.• wAC AaE Ews[xar �:A�I • 'y e 9 °ocw.cRS:si[uMExr >, su AUxs qIL h ,Pty 1=« -11� s' 9AF 290.00' ' M 19.99'0/" A Location Map CERTFlCATE OF OWNERSHIP Oaxx waa xr .— AID s 1xE Dxr Ax/ xm usr Axox wlrra. cc xr w�'Luurs drv-raiR9— ' •4t •I.A CERTIFlCAIE OF SURVEY C nn, sT arI.cwuaVly Is =-4T "s Ax AauRxx ^anE9arxnM a A.D w9Txr. Q`�� MuxMA /EasRAro ve wxxYM nxw DTATE calm a' MAi s A KATE OF FINAL PLAT TM _ s I—D. an c— M rues Chtisdan B-I. a AU[OacrwI Center 0lrasso Addirian J n. 11, 2Oi 1 '''rm1 \�i s^ tT...flJl uu XNY'SOd:u[x+ _ J //11�I .•. 14' IUYUAL iRUU[NnE.T�- ;t��\il DDCUMExT I.. ��• �1 '_ ;��. POINT OF DE1INNINC 3 S 19.99'09" e f �i u•U_ In -. n1..... 1g^ —'ds \ • z I � — �z.• wAC AaE Ews[xar �:A�I • 'y e 9 °ocw.cRS:si[uMExr >, su AUxs qIL h ,Pty 1=« -11� s' 9AF 290.00' ' M 19.99'0/" A Location Map CERTFlCATE OF OWNERSHIP Oaxx waa xr .— AID s 1xE Dxr Ax/ xm usr Axox wlrra. cc xr w�'Luurs drv-raiR9— ' •4t •I.A CERTIFlCAIE OF SURVEY C nn, sT arI.cwuaVly Is =-4T "s Ax AauRxx ^anE9arxnM a A.D w9Txr. Q`�� MuxMA /EasRAro ve wxxYM nxw DTATE calm a' MAi s A KATE OF FINAL PLAT TM _ s I—D. an c— M rues Chtisdan B-I. a AU[OacrwI Center 0lrasso Addirian J n. 11, 2Oi 1 Christian Brothers Automotive Final Plat z�ct atie Owasso City € 4 1:4514 07/06/2011 Council This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy, please contact Owasso staff forth most up -to -date information. The City witiaut Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Bronce L. Stephenson City Planner SUBJECT: OZ 11 -03 (Rezoning of a 2.2 acre tract to CG) DATE: July 15, 2011 BACKGROUND: On June 2, 2011 the City of Owasso received a rezoning application for review and approval of a request to rezone a tract of land from AG (Agricultural) to CG (Commercial General). The subject property is located just to the east of the northeast corner of the intersection of East 96th Street North and North Garnett Road. SURROUNDING LAND USE /ZONING DESIGNATIONS: Direction Zoning Use Land Use Plan Jurisdiction North Commercial Vacant Commercial Tulsa County General CG South AgriAcuullture Agricultural Commercial Owasso East Agriculture Single - Family Commercial Owasso AG Residential West Commercial Vacant Commercial Owasso General CG ANALYSIS: The applicant has submitted an application to rezone a 2.2 acre tract of land located just to the east of the northeast corner of East 96th Street North and North Garnett Road from AG (Agricultural) to CG (Commercial General). The requested rezoning is necessary for the subject property to develop as a commercial entity. The area has seen light commercial development recently, but is anticipated to be an area of major commercial development and growth in the near future. The Owasso 2025 Land Use Map calls for this area to be commercial in the future, so this requested rezoning would be in compliance with the goals stated in the plan. Any development that occurs on the subject property must adhere to all subdivision, zoning and engineering requirements including but not limited to paved drives, storm water detention, sidewalks and landscaping. Sanitary sewer service, water service, fire protection and EMS will be provided by the City of Owasso. This property is subject to Garnett Regional Detention Facility payback, which is due at the time of final platting of the property. Letters were mailed to surrounding property owners within 300' of the subject property and the notification was published in the Owasso Reporter. PLANNING COMMISSION: The Owasso Planning Commission reviewed this item at their regular meeting on July 11, 2011 and is recommending City Council approval. RECOMMENDATION: Staff recommends City Council approval of OZ 11 -03. ATTACHMENTS: A. Location Map OZ 11 -03 - itezoniing from AG to CG w .0K 1:4514 City Council 07f0612011 4� �s =ecpo sents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy, Owasso staff for the most up -to -date information. OZ 11 -03 - Rezoning from AG to CG The City Vlit out Limits. TO: The Honorable Mayor and City Council FROM: Bronce L. Stephenson City Planner SUBJECT: Planned Unit Development Crown Colony II DATE: July 15, 2011 BACKGROUND: The City of Owasso received a Planned Unit Development (PUD) for review and approval of a development called Crown Colony II. The subject property was part of a PUD that was approved in 2005 (PUD- 05 -01) and consisted of a residential subdivision. The Crown Colony II PUD proposes five hundred fifty (550) residential lots on approximately 166.28 acres of property. The subject property is located south of East 76th Street North between North 129th East Avenue and North 145th East Avenue just east of Elm Creek. The underlying zoning is RS -3. SURROUNDING ZONING: Direction Zoning Use Land Use Plan Jurisdiction Single - Family Single-Family North Residential Residential esid Residential Residential Tulsa County Estate RE Agriculture Agricultural & South (AG) Single - Family Residential Tulsa County Residential Single - Family Single - Family East Residential Residential Residential Tulsa County Estate RE Single - Family Single-Family West Residential Residential esid Residential Residential Tulsa County Estate (RE) CONCEPT OF A PUD: The concept of a Planned Unit Development is to provide a creative alternative to conventional development where a particular tract is under common ownership or control, and where a detailed development plan outlining the development of the tract as a unit is proposed and submitted for public review. The use of a PUD technique is a way to amend a zoning ordinance in accordance with a complete and coordinated plan of development for a larger parcel, rather than piecemeal individual changes using the variance process. ANALYSIS: The subject property was part of a PUD that was approved in 2005 (PUD- 05 -01) and consisted of a residential subdivision. The original PUD has expired and the applicant is returning to reapply for the PUD, utilizing the same design and concept from the original PUD. Part of the PUD approval for PUD -05 -01 was to allow lots that are smaller than currently allowed by the Owasso Zoning Code. The standards outlined in the PUD are shown here: *Items shown in italics are those that differ from City Code If the PUD were to be approved, the applicant would return with a Final Plat for review and approval. The PUD review process is limited to the consideration of the uses, the overall plan, and the concept for the development. A Homeowners Association will be formed after the development has begun and will be responsible for maintenance of the common areas, landscaped entrances, and all other landscaped areas. According to the Owasso Zoning Code, the Planning Commission shall hold a public hearing on any PUD application and determine the following: 1. Whether the PUD is consistent with the Comprehensive Plan. 2. Whether the PUD is in harmony with the existing and expected development of surrounding areas. 3. Whether the PUD is a unified treatment of the development possibilities of the project site. 4. Whether the PUD is consistent with the stated purpose and standards of the PUD ordinance. a. To permit innovative land development while maintaining appropriate limitation on the character and intensity of use assuring compatibility with adjoining and proximate properties; b. To permit flexibility within the development to best utilize the unique physical features of the particular site; c. To provide and preserve meaningful open space; and d. To achieve a continuity of function and design within the development. The proposed PUD would have two access points, both connecting to East 76th Street North. Being conceptual at this stage, staff will have ample time to work with the developer to address issues and concerns that may come up throughout the development process. The staff published legal notice of the PUD request in the Owasso Reporter and mailed notices to property owners within a 300' radius of the subject property. City Code Requirements Proposed PUD Permitted Uses RS -3 Standards Per RS -3 Standards Minimum Lot Size 7,000 s . ft. 5,000 s . ft. Max. Bldg Height Not Listed 2 Stories Front Setback 25 ft. 20 ft. Corner Setback 15 ft. 15 ft. Rear Setback 20 ft. 15 ft. Side Setback 5 ft. 5 ft. Min. Lot Frontage 65 ft. 50 ft. Min. Lot Depth Not Listed 100 ft. *Items shown in italics are those that differ from City Code If the PUD were to be approved, the applicant would return with a Final Plat for review and approval. The PUD review process is limited to the consideration of the uses, the overall plan, and the concept for the development. A Homeowners Association will be formed after the development has begun and will be responsible for maintenance of the common areas, landscaped entrances, and all other landscaped areas. According to the Owasso Zoning Code, the Planning Commission shall hold a public hearing on any PUD application and determine the following: 1. Whether the PUD is consistent with the Comprehensive Plan. 2. Whether the PUD is in harmony with the existing and expected development of surrounding areas. 3. Whether the PUD is a unified treatment of the development possibilities of the project site. 4. Whether the PUD is consistent with the stated purpose and standards of the PUD ordinance. a. To permit innovative land development while maintaining appropriate limitation on the character and intensity of use assuring compatibility with adjoining and proximate properties; b. To permit flexibility within the development to best utilize the unique physical features of the particular site; c. To provide and preserve meaningful open space; and d. To achieve a continuity of function and design within the development. The proposed PUD would have two access points, both connecting to East 76th Street North. Being conceptual at this stage, staff will have ample time to work with the developer to address issues and concerns that may come up throughout the development process. The staff published legal notice of the PUD request in the Owasso Reporter and mailed notices to property owners within a 300' radius of the subject property. COMPREHENSIVE PLAN CONSISTENCY: The Owasso 2025 Land Use Master Plan identifies the subject property and its surroundings as having a future land use of residential. As previously stated, it is the desire of the applicant to develop the area for residential use. HARMONY WITH THE EXISTING AND EXPECTED DEVELOPMENT: This proposal appears to be consistent with the current and expected development of the area, and offers a variety of residential lot sizes in an area that has larger estate lots and agricultural acreage tracts. This is an area of town that has seen recent development with the Champions subdivisions and Crown Colony I subdivisions and will likely be an area of future residential and light commercial development. Staff has been contacted by neighboring property owners within Tulsa County who have concerns over the traffic that would be created by the addition of up to 550 dwellings and only two entrances, and also about the lack of transition or buffer between the smaller lots proposed and the larger estate lots that make up a number of the surrounding area. Consideration may be given to providing additional access points to a development of this size and also to transition between the proposed smaller lots and the larger estate lots located adjacent to the subject property in order to address some of the residents' concerns. FUTURE PLANNING ISSUES: Future planning issues must still be considered if the PUD is approved. If approved, the applicant will be required to adhere to all City of Owasso subdivision regulations and engineering requirements. On -site detention is required and will be further defined at the platting and construction drawing stage. Any future development on the property will be served sewer from the City of Owasso and water from Rogers County Rural Water District 3. Due to improvements to sanitary sewer services in this corridor, this area will likely see more intense urban development. In 1998 the Owasso City Council approved several sewer easement agreements as part of the Elm Creek Sewer Interceptor Project. That same year Resolution No, 98 -07 and City Ordinance No. 596 established the payback assessment district for the properties serviced by the new sewer line. Upon completion of the Elm Creek Interceptor project, the Elm Creek Sanitary Sewer Payback Area was established and Crown Colony II falls within this area. At that time the subject property was under a different ownership and there were several agreements negotiated which involved provisions for credits on future assessment fees. These agreements transferred with the property to the present owner who is also the applicant for Crown Colony 11. When Crown Colony I was developed, the developer used a portion of these credits as part of the Elm Creek sewer assessment and is now left with approximately $85,000 to use as a credit towards future assessments. The design of the Elm Creek Sewer Interceptor project included the placement of manholes within the subject property area that would allow for future development. These manholes are accessible for the development of Crown Colony Il. In summary, the developer's property falls within the Elm Creek Sanitary Sewer Payback Area and platted acreage will be subject to those payback fees less his $85,000 credit. Additionally, the property will be subject to the storm siren fee of $35.00 per acre and the park development fee, which is collected at the time building permits are issued. TECHNICAL ADVISORY COMMITTEE: Because this item was unchanged from the original PUD approved in 2005, this item was not taken to the TAC for additional review. When this development is platted, it will go to the TAC at that time. PLANNING COMMISSION: The Owasso Planning Commission reviewed this item at their regular meeting on July 1], 2011. At that meeting there was dialogue from surrounding property owners with concerns over traffic, density, stormwater, and access to the project. After hearing the input from the property owners and the developer, the Planning Commission voted unanimously to approve the PUD. RECOMMENDATION: Staff recommends City Council approval of the PUD for Crown Colony II. ATTACHMENTS: A. Crown Colony PUD B. Area Map mmm�- 646-86' WEST 1323,62' 1323.55' S 89*56'45' E S 89*56'44' E R 13 E 101m Location Map STALE, F-2m. LEGAL DESCRIPTION THE EAST HALF OF THEINORTHAVEST QU'ARTEIR (F,1 N'.A "..41 AND THE SOUMPNEST QL:; AP. FER OF THE NORTTIE.-AST QUPI-IRTER ("N. NE/4)AN'D [fiL!k"LSrl!ALI'C)l�filESo(i,filEAS -TQL-IARf'-ROF -NOR I'll I I A.,,'I.* QUARI'ER (V,72 SEiA HALF OF Tfff.-. NORTHWE.3-17 QUAR-IER QUART ER(N,2 NW/11 SE/4) AND Ii I-INORTMIALF 1:1 S•:4) OF SECTION .33. TOWNSHIP 21 NORTH, RANGE 14 EAST OF ME I.B. & M-7 ULSA COLON CY: OKLAHOMA, ACCORDING TO 117.1 I NITED STAI FS G(--)VERN.,'1A.11..-N'f SIIRVEY -1 AND ATRAC'f OF LAND LOCACED IN' 11TE WEST IIALF(W/2) Of TJIE -'AOR IR WE 31'QUAR.J. E' .,R N (N-E/4) OF SECTION THIRTY - THREE (333), TOVVN_s Frrr'T�VFNTY-0.Tj.F ill) NOP,'I'I-f,,R.ANGEFO(jR'fEl*..' 4 INDIAN BASi:: AN.D.M.MUDIAN (I.B.& Wt.), ACCOR-DING 70 I-HE !.r ruN GOVER.NNIENT SURVEY, THFREOF, TULSA COUNTY, OKLAHOMA ma v BEING MORE PARTICULARLY DESCRIBED LY •EI'ES AND N $9159'4811 E ALONG THENORTH LINE OF SAID 4V:2 NW..4NL..,t.., A DISTANCE OF 171J6 1.'Ef*._t';']'.!:,I,l'NCI-"S00'00'12" F.A !XSIANCT"OF FEF,,T; FICE.NCE 9 17- 3617,11 !C: ,•! OF 1' 1.i9F.Elf, IJAENYCE S 04°2.6144"W A DISTAM—POF f:,, ! r,,, ) S H].. Nc 1. 00'12'58` ' A DISTANCE OF 991 z Fl.*-,'[.'.T ra is, ioINr0N'r11E,- SOUTH LINE OF SAID 1S`!2 NW!;4NE.-'4:TI.fLNCE- N 89154AS" WA D)STANC.f.'OF 30.00 F POINT OF BEGENNING. LESS AND EXCEPT' A TRACT OF LAND IN THE NE/4, NW/4 OF SECTION 33, TOWNSHIP 21 NORTH, RANGE 14 EAST, OF THE LB.&M., TULSA COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ON 1.: 2 . .1 A '1111 NW' CO,RN) r 0 1 E N :4 0 SAID S2,CTfON. 33:Tf-II--,NCEf-.ASTA DISTANCE Oj. -ty),pr'S ('OINTOF 131.7,GINNING; Iffl..NCE S 0-6-13",VA DiS C, A(,.'*(-_:):*, 0 !043.50% THFNCF-,.N 4'0'0" L A DiSTANCE OF ..5l.'72'A,f.,O*N(- A C U.RVE' COTI ' EIA' F') I.I.A.VING.A R%,DJUS 01" 50v AND A CHORD OF N E. 96.s.t0';THENCIEN 54'0'0" E A DIS rANCEOF 487.26'i [HENCE N 36°52'32` E A DISfXINCEOF °1.1 T.FtENCP:N.-)2'0'Cl"EAD,[STANCEOF'?6.71 :TI,4. NCENORTHA DIS'IA'..N7CL-OF2,42.52':'[*IIENCE%VL'SIA1)IS'I'A',ICEOE-83r.-I'"TC) THE POINT OF PROPOSED PLANNED UNIT DEVELOPMENT LEGAL DESCRIPTION LEGAL THE EAST HALF OF THE NORTHWEST QUARTER (E /2 NW /4) AND THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER (SW /4 NE /4) AND THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER (W /2 SE /4 NE /4) AND THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER (N /2 NW /4 SE /4) AND THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER (N /2 NE /4 SW /4) OF SECTION 33, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B. & M., TULSA COUNTY, OKLAHOMA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY THEREOF. AND A TRACT OF LAND LOCATED IN THE WEST HALF (W /2) OF THE NORTHWEST QUARTER (NW /4) OF THE NORTHEAST QUARTER (NE /4) OF SECTION THIRTY - THREE (33), TOWNSHIP TWENTY-ONE-(21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN (I.B.& M.), ACCORDING TO THE U.S. GOVERNMENT SURVEY, THEREOF, TULSA COUNTY, OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO -WIT: BEGINNING AT THE NW CORNER OF THE W/2 NW /4 NE /4 OF SEC. 33, T -21 -N, R -14 -E, I.B. &M.; THENCE N 89 °59'48" E ALONG THE NORTH LINE OF SAID W/2 NW /4 NE /4 A DISTANCE OF 173.56 FEET; THENCE S 00 °00'12" E A DISTANCE OF 30.00 FEET; THENCE S 47 036'17" W A DISTANCE OF 177.39 FEET; THENCE S 04 026'44" W A DISTANCE OF 177.89 FEET; THENCE S 00 °12'58" W A DISTANCE OF 991.44 FEET TO A POINT ON THE SOUTH LINE OF SAID W/2 NW /4 NEA; THENCE N 89 °58'48" W A DISTANCE OF 30.00 FEET TO THE SW CORNER OF SAID W/2 NW /4 NE /4• THENCE N 00 012'58" E A DISTANCE OF 1318.39 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT A TRACT OF LAND IN THE NEA, NW /4 OF SECTION 33, TOWNSHIP 21 NORTH, RANGE 14 EAST, OF THE I.B. &M., TULSA COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF THE NE /4 OF THE NW /4 OF SAID SECTION 33; THENCE EAST A DISTANCE OF 15.42' TO THE POINT OF BEGINNING; THENCE S 0016'13"W A DISTANCE OF 1043.50'; THENCE N 54 °0'0" E A DISTANCE OF 165.46' THENCE 131.72' ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 50' AND A CHORD OF N 54 00'0" E 96.80'; THENCE N 54 °0'0" E A DISTANCE OF 487.26'; THENCE N 36 052'32" E A DISTANCE OF 51.17'; THENCE N 32 °0'0" E A DISTANCE OF 376.71'; THENCE NORTH A DISTANCE OF 242.52'; THENCE WEST A DISTANCE OF 831.78' TO THE POINT OF BEGINNING. PHYSICAL ADDRESS 13500 E 76TH STREET NORTH OWASSO, OK 74055 RECEIVED JUN 0 12011 BY: Submission for: PLANNED UNIT DEVELOPMENT CROWN COLONY II a proposed Addition to the City of Owasso, Tulsa County State of Oklahoma Section Thirty -Three (33), Township Twenty -One (21) North, Range Fourteen (14) East Submitted to: CITY OF OWASSO, OKLAHOMA Prepared by: Noble Sokolosky Sokolosky Law Firm P. O. Box 1013 Owasso, Oklahoma 74055 272 -0270 (fax) 272 -0199 February 28, 2004 RECEIVED JUN 0 12011 TABLE OF CONTENTS Development Concept 3 Statistical Summary ................ ............................... 4 Development Standards Homeowners' Association 6 Platting Requirements 7 Site Plan Review ................... ............................... 7 Expected Schedule of Development 7 Maps: Site Analysis Underlying Zoning 2 DEVELOPMENT CONCEPT Crown Colony II is a proposed planned unit development (PUD) comprised of approximately One Hundred Sixty -Six (166) acres in Southeast Owasso, Oklahoma. The property is located at 13500 East 76`h Street North. The site is characterized by flat and gently rolling terrain. The existing soils on the site create no unusual development problems that are not commonly encountered in most other area developments. Overall, this site has excellent development possibilities. The development is a single family residential development bordered by two subdivisions as well as a few undeveloped tracts. Many prospective residents in today's marketplace desire smaller, well- maintained yards along with nice homes on smaller lots while others desire more conventional city lots. This development concept will allow both types of homes to be developed in a manner that is consistent and well- designed. STATISTICAL SUMMARY Project Area ➢ Residential Maximum Dwelling Units Allowed by Code: Maximum Dwelling Units Requested: ± 166.28 gross acres ± 166.28 gross acres 862 DU's 550 DU's DEVELOPMENT AREA RESIDENTIAL: Single - Family Detached ➢ Total Area: ± 166.28 gross acres ➢ Requested Number of Dwelling Units: 500 il DEVELOPMENT STANDARDS Single- Family Detached Homesites: Single- family detached structures intended for individual lot ownership. ➢ Permitted Uses As ermitted w'th' RS 3 D' ➢ Minimum Lot Size ➢ Maximum Building Height ➢ Minimum Front Yard if Abutting Public Street ➢ Corner Lot Minimum Side Yard Abutting Public /Private Street ➢ Minimum Lot Frontage* ➢ Minimum Lot Depth ➢ Minimum Rear Yard ➢ Minimum Side Yard p i m - istnct, By right or special exception 5,000 sq. ft. 2 stories 20 ft. 15 ft. 50 ft. 100 ft. 15 ft. 5 /5 ft. or0 /10 ft. * Cul -de -sac and pie shaped lots may have less than minimum frontage measured at building lines. Other Requirements: It is intended that a preliminary and final plat will be submitted for the residential development areas that are consistent with the concepts and development standards set forth above. Additional requirements or modifications may be established by the city of Owasso Planning Commission and the Owasso City Council pursuant to their review. 5 HOMEOWNERS' ASSOCIATION The Homeowners' Association to be established will be responsible for the maintenance of the detention area, landscaped entrances, and all other landscaped buffers and islands, if any. These areas are to be created by the developer and turned over to the Association for maintenance. In the event the Association fails to maintain these areas in a proper and safe manner, the City of Owasso will have the right to maintain these areas and assess each lot. Should payment by any member not occur, the City of Owasso and the Association will have the right to lien the delinquent member's real property within the platted area. Final documents on the Association will be filed in the future which will address rights and requirements for association members. M PLATTING REQUIREMENT No building permit shall be issued until the property has been included within a subdivision plat submitted to and approved by the Owasso Planning Commission and the Owasso City Council and duly filed of record, provided, however, that the development area may be platted in phases. Restrictive covenants shall be established which are not inconsistent with the terms hereof and where appropriate, the City of Owasso shall be made a beneficiary thereof. SITE PLAN REVIEW No building permit shall be issued for the construction of buildings within a development area until a site plan of the development area has been submitted to and approved by the city of Owasso Planning Commission as being in compliance with the PUD Development Concept and the Development Standards. Separate building plans may be submitted for individual home construction afterthe subdivision has been given final approval bythe City of Owasso. EXPECTED SCHEDULE OF DEVELOPMENT Development of the Addition is anticipated to commence upon approval and of zoning and platting. 7 646.86' WEST Conceptual Developmej ID roposed.1-31 1.66.28 acre tract Zoned RS-3 and A Crown Colony II - OPUQ 11 -01 �. f+Jr. � 1:10056 0710612011 This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy, please contact Owasso staff forthe most up -to -date information. The e City Wit�aut Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: John W. Feary Project Administrator SUBJECT: Resolution No. 2011 -06 Oklahoma Department of Transportation Right -of -way, Public Utility & Encroachment Agreement for 106th & Garnett Intersection Improvements DATE: July 15, 2011 106th & GARNETT INTERSECTION IMPROVEMENT PROJECT: In November of 2005, City Council approved Resolution No. 2005 -15 amending the priority determination of Capital Improvements projects funding to include conceptual design of four roadway intersections in Owasso. Included in that list is the North Garnett Road and East 106th Street North Intersection Improvement Project, which was approved as a project by City Council in March of 2009. In February 2009, the Oklahoma Department of Transportation (ODOT) approved $750,000 in Federal grant funding for the project. The City of Owasso entered into an agreement with ODOT accepting the grant funds and defining the City's responsibilities within the project: project design, right of way acquisition, and utility relocation costs. Along with the aforementioned responsibilities the City is be responsible for the remainder of construction costs over and above the $750,000 ODOT grant. The estimated construction cost is $1,900,000. 86TH STREET WIDENING PROJECT: In July of 2006, the City Council approved an agreement with Tulsa County to provide improvements on East 86th Street North from Main Street to Memorial Road. Said improvements consist of roadway widening, drainage improvements, and signalization at the 86th Street & Memorial Road intersection. As per the agreement, Tulsa County is to apply $1 million dollars in 4- to -Fix funds, along with available monies from the Oklahoma Department of Transportation (ODOT), while the City of Owasso is responsible for project design, right of way acquisition, and utility relocation costs. CURRENT PROJECT STATUS: As of this date, all right of way acquisitions for both projects have been completed. Utility relocations for the 106th & Garnett intersection are slated to start, and all utility providers with the exception of AT &T have completed utility relocations along 86th Street from Main Stree t to Memorial Road. RESOLUTION: Given that both improvement projects are located within the city limits of the City of Owasso, it is necessary for the City to enter into an agreement which outlines the responsibilities of each entity in each project. ODOT has prepared project Agreement(s) (see Attachments A & B) to outline the responsibilities of the City of Owasso and ODOT for the completion of improvements. Per the agreement, the City of Owasso agrees to the following: ➢ To grant ODOT all right of way needed for the construction of improvements as shown on project plans. ➢ To remove all encroachments as shown on project plans. ➢ To provide and maintain detour routes as shown on project plans. ➢ To maintain the roadway and all traffic control signals, speed limit signs, and other traffic control signs. ➢ To contribute funding for utility relocation as shown on project plans. As stated in paragraph 6 of the Agreements, the City must authorize the execution of the Agreements by City Resolution. Staff intends to place separate Resolutions to this effect on the July 19, 2011 City Council agenda for consideration and appropriate action. PROJECT FUNDING: Funding for both projects is included in the Capital Improvements Fund. RECOMMENDATION: Staff recommends City Council approval of Resolution No. 2011 -06, authorizing the Mayor to execute a Right -of -Way, Public Utility and Encroachment Agreement for Project No. STP- 172A(462)UR, Job No. 26599(04), 106th & Garnett Intersection Improvements between the Oklahoma Department of Transportation and the City of Owasso. ATTACHMENTS: A. Resolution No. 2011-06 B. Project Agreement - 106th & Garnett CITY OF OWASSO, OKLAHOMA RESOLUTION NO. 2011 -06 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEEMENT FOR FEDERAL AID PROJECT NUMBER STP- 172A(462)UR, J/P 26599(04) BY AND BETWEEN THE CITY OF OWASSO AND OKLAHOMA DEPARTMENT OF TRANSPORTATION. WHEREAS, it is in the best interest of the City of Owasso to execute a Right -of way, Public Utility and Encroachment Agreement for Federal -aid Project Number STP- 172A(462)UR, J/P 26599(04) by and between the City of Owasso and the Oklahoma Department of Transportation described as: Intersection Modification and Traffic Signals located at East 106th Street North and Garnett Road. NOW, THEREFORE, BE IT RESOLVED that the Mayor is authorized and directed to execute the above described agreement on behalf of the City of Owasso. ADOPTED this 19th day of July, 2011. Doug Bonebrake, Mayor City of Owasso, Oklahoma ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney 26599 agrmts.wpd Population 18,502 RIGHT -OF -WAY, PUBLIC UTILITY AND ENCROACHMENT AGREEMENT This Agreement, made and entered into this day of , 20 , by and between the City of Owasso, Tulsa County, Oklahoma, hereinafter called the City and the Department of Transportation of the State of Oklahoma, hereinafter called the Department, Witnesseth: That for and in consideration of the covenants and agreements hereinafter set forth, it is mutually agreed by and between the parties hereto as follows: In connection with the location and improvement of a portion of the City Street System within the corporate limits of the City, now designated as intersection modification and traffic signals at 106th Street and Garnett Road under plans and specifications for STP- 172A(462)UR, Job No. 26599(04). WHEREAS, legislative authorization and the rules, regulations, and policies of the Department provide the basis of cooperation between the parties to effect such highway improvements. NOW, THEREFORE, the parties hereto agree as follows: The City agrees: To the location of said highway, acknowledges receipt of and adopts the plans for said project as the official grade and drainage plans of the Underwriter for the streets, boulevards, or arterial highway included therein. Further, and in addition to the provisions contained elsewhere herein, City hereby grants to the Department access to and the use of all rights -of -way belonging to or controlled by the City and City shall not permit the vacation of any such street, alley or other rights -of -way without the prior written approval of Chief, Right of Way Division, Department of Transportation, State of Oklahoma. 2. That prior to the advertising of the project for bids (as to that part of the project lying within the present corporate limits) it will: Page 1 of 7 (a) Grant to the Department and its contractors, the right -of -entry to all existing streets, alleys, and City owned property when required, and other rights -of -way shown on said plans. (b) Remove at its own expense, or cause the removal of, all encroachments on existing streets as shown on said plans, including all signs, buildings, porches, awnings, porticos, fences, gasoline pumps and islands, and any other such private installations. Said removal shall be accomplished immediately on execution of this agreement and shall include necessary legal action where required. (c) Prohibit parking on that portion of the project within the corporate limits of the Local Public Agency. (d) Comply with the Department's standards for construction of driveway entrances from private property to the highway, in accordance with the Department's manual entitled "Policy on Driveway Regulation for Oklahoma Highways ", Rev. 5/96, 69 O.S. (2001) § 1210. (e) Maintain all right of way acquired for the construction of this project, as shown on said plans, in a manner consistent with applicable statutes, codes, ordinances and regulations of the Department and the State of Oklahoma. 3. That City will: (a) Determine and locate, with the Department's approval, a detour route over existing city streets, if a re- routing of traffic or a detour is necessary during the period of construction. (b) Be responsible during or subsequent to construction, for all costs for the operation and any maintenance necessary to the approved detour route over existing City streets, or any other street as a result of additional traffic. (c) Be responsible for all costs for repairs or maintenance to any City street, during or subsequent to construction, which results from additional traffic where construction is performed under traffic. 26599 agrmts.wpd Page 2 of 7 (d) To the extent permitted by the Oklahoma Governmental Tort Claims Act, Title 51 Oklahoma Statutes, Sections 151 et seq. and by Oklahoma Constitution Article 10, section 26 and as otherwise permitted by law, the City shall indemnify and save harmless the Department, it's officers and employees, and shall process and defend at it's own expense all claims, demands, or suits whether in law or equity brought against the City or the Department arising from the City's execution, performance, or failure to perform, and provisions of this agreement or alleged negligence in the location, design, construction, operation, or maintenance of a portion of the City Street System within the corporate limits of the City. Provided, nothing herein shall require the City to reimburse the Department for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Department. When any alleged act, omission, negligence, or misconduct may be subject to the limitations, exemptions, or defenses which may be raised under the Oklahoma Governmental Tort Claims Act, 51 O.S. § 151 et seq., all such limitations, exemptions, and defenses shall be available to and may be asserted by City. No liability shall attach to the Department except as expressly provided herein. e) Comply with all applicable laws and regulations necessary to meet the Oklahoma Department of Environmental Quality(ODEQ) requirements for pollution prevention including discharges from storm water runoff during the planning and design of this project. Further, the City agrees and stipulates as stated in the ODEQ's General Permit OKR10, dated September 13, 2002, or latest revision, to secure a storm water permit with the ODEQ, for utility relocations when required. It is agreed that the storm water management plan for the project previously described in the document includes the project plans and specifications, required schedules for accomplishing the temporary and permanent erosion control work, the storm water pollution prevention plan and the appropriate location map contained in the utility relocation plans 4. That subsequent to the construction of said project, City will: (a) Keep all permanent right -of -way shown on said plans free from any encroachment and take immediate action to effect the removal of any encroachments upon notification by the Department, including all necessary legal action when required. 26599 agrmts.wpd Page 3 of 7 (b) Erect, maintain, and operate traffic control signals, including speed limit and traffic control signs, only in accordance with 47 OS 2001, Section 15 -104, 15 -105 and 15 -106, and subject to the approval, direction and control of the Department. (c) Regulate and control traffic on said project, including but not limited to, the speed of vehicles, parking, stopping, and turns, in accordance with 47 OS 2001, 15 -104, et seq. and to make no changes in the provisions thereof without the approval of the Department. (d) Maintain all that part of said project within the corporate limits of the City. (e) The City shall have the authority pursuant to 69 O.S. 2001 § 1001 and 69 O.S. 2001 § 1004 to sell any lands, or interest therein, which were acquired for highway purposes as long as such sale is conducted in accordance with the above cited statutes. Prior written approval by the Chief, Right -of -Way Division for the Department shall be required before any sale is made. 5. That all covenants of this Agreement shall apply to any area hereinafter annexed to the City which lies within the limits of this project. 6. That it will, by resolution, duly authorize the execution of this Agreement by the proper officials, and attach copies of such resolution to this Agreement. 7. To acquire all right -of -way, if any, be responsible for the total costs for removing and relocating outdoor advertising signs and for the relocation assistance payments to persons displaced by reason of the acquisition of right -of -way and be responsible for the removal or relocation of all utility lines on public or private rights -of -way to accommodate the construction of this project. (a) Transmit copies of the instruments, including all deeds and easements, to the Department prior to the advertisement of bids for construction. 26599 agrmts.wpd Page 4 of 7 (b) Comply with the provisions of 42 U.S.C.A. § 4601 -4655 and 23 U.S.C.A. § 323 (as amended) and, further comply with 49 C.F.R. Part 24 in the acquisition of all necessary right -of -way and relocation of all displacees. (c) That as a condition to receiving any Federal Financial Assistance from the Department, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252.42 U.S.C. 2000d -35 seq., and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, "Nondiscrimination of federally- assisted Program of the Department of Transportation- Effectuation of Title VI of the Civil Rights Act of 1964 ". 8. If the acquisition of right -of -way for this project causes the displacement of any person, business or non - profit organization, the City will provide and be responsible for the Relocation Assistance Program and for all costs associated with the relocation assistance payments. The Department, upon request, will supply a list of service providers who have been prequalified to administer the Relocation Assistance Program. The City agrees to employ a service provider from the Department's prequalified list or advise the Department in writing that their in -house personnel have the knowledge, skills, & abilities to effectively manage the Relocation Assistance Program. The City agrees to comply with all applicable rules, regulations, statues, policies and procedures of both the United States and the State of Oklahoma and specifically The Uniform and Relocation Assistance and Real Property Acquisition Act, 49 CFR 24. The City agrees to create & seat a Relocation Assistance Program Appeals Board pursuant to 49 CFR Sec. 24.10 or submit a written request to the Department requesting that the Department function in such capacity on behalf of the City. Before any relocation assistance payments are made by the City, all files with parcels requiring relocation assistance shall be submitted to the Department for audit & compliance review by the Department. The Department shall be notified in writing within seven (7) days of the date of an offer to acquire being provided to a property owner(s) on any parcel which will require relocation assistance. Written notifications regarding service providers, in -house personnel, appeals, offers to acquire, ect. shall be addressed to Acquisition Branch, Right -of -Way & Utilities Division, Oklahoma Department of Transportation, 200 N.E. 21 st Street, Oklahoma City, Oklahoma 73105. 26599 agrmts.wpd Page 5 of 7 IN CONSIDERATION of the grants and covenants by the City herein contained and the faithful performance thereof by the City, the City agrees to construct said project in accordance with said plans and specifications; provided that the right to review and approve and to make such changes in the plans and specifications as are necessary for the proper construction of said project is reserved to the Department. IN WITNESS WHEREOF, we have hereunto set our hands and seals, the City on the day of , 20_, and the State on the _ day of , 20_. ATTEST: CITY OF OWASSO City Clerk REVIEWED AND APPROVED AS TO FORM AND LEGALITY Mayor STATE OF OKLAHOMA DEPARTMENT OF TRANSPORTATION Chief, Legal Division (ODOT) Director 26599 agrmts.wpd Page 6 of 7 RESOLUTION WHEREAS, it appearing reasonable and necessary for the CITY OF OAWSSO , TULSA COUNTY, OKLAHOMA, to execute a Right -of -Way, Public Utility and Encroachment Agreement in connection with the construction of a public project known as STP- 172A(462)UR J/P 26599(04), in accordance with the terms and tenor of 69 O.S. 2001, Sections 1205, 1206, 1401 and 1403. NOW, THEREFORE, BE IT RESOLVED by the CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, sitting in regular session that such contract be entered and that a copy of same be hereto attached and made a part hereof by reference, all as provided by law. ATTEST: CITY CLERK MAYOR 26599 agrmts.wpd Page 7 Of 7 , ^ #" V The e City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: John W. Feary Project Administrator SUBJECT: Resolution No. 2011 -07 Oklahoma Department of Transportation Right -of -way, Public Utility & Encroachment Agreement for 86th Street North Memorial Drive to Main Street Widening Project DATE: July 12, 2011 106th & GARNETT INTERSECTION IMPROVEMENT PROJECT: In November of 2005, City Council approved Resolution No. 2005 -15 amending the priority determination of Capital Improvements projects funding to include conceptual design of four roadway intersections in Owasso. Included in that list is the North Garnett Road and East 106th Street North Intersection Improvement Project, which was approved as a project by City Council in March of 2009. In February 2009, the Oklahoma Department of Transportation (ODOT) approved $750,000 in Federal grant funding for the project. The City of Owasso entered into an agreement with ODOT accepting the grant funds and defining the City's responsibilities within the project: project design, right of way acquisition, and utility relocation costs. Along with the aforementioned responsibilities the City is be responsible for the remainder of construction costs over and above the $750,000 ODOT grant. The estimated construction cost is $1,900,000. 86TH STREET WIDENING PROJECT: In July of 2006, the City Council approved an agreement with Tulsa County to provide improvements on East 86th Street North from Main Street to Memorial Road. Said improvements consist of roadway widening, drainage improvements, and signalization at the 86th Street & Memorial Road intersection. As per the agreement, Tulsa County is to apply $1 million dollars in 4- to -Fix funds, along with available monies from the Oklahoma Department of Transportation (ODOT), while the City of Owasso is responsible for project design, right of way acquisition, and utility relocation costs. CURRENT PROJECT STATUS: As of this date, all right of way acquisitions for both projects have been completed. utility relocations for the 106th & Garnett intersection are slated to start, and all utility providers with the exception of AT &T have completed utility relocations along 86th Street from Main Stree t to Memorial Road. RESOLUTION: Given that both improvement projects are located within the city limits of the City of Owasso, it is necessary for the City to enter into an agreement which outlines the responsibilities of each entity in each project. ODOT has prepared project Agreement(s) (see Attachments A & B) to outline the responsibilities of the City of Owasso and ODOT for the completion of improvements. Per the agreement, the City of Owasso agrees to the following: To grant ODOT all right of way needed for the construction of improvements as shown on project plans. ➢ To remove all encroachments as shown on project plans. ➢ To provide and maintain detour routes as shown on project plans. ➢ To maintain the roadway and all traffic control signals, speed limit signs, and other traffic control signs. ➢ To contribute funding for utility relocation as shown on project plans. As stated in paragraph 6 of the Agreements, the City must authorize the execution of the Agreements by City Resolution. Staff intends to place separate Resolutions to this effect on the July 19, 2011 City Council agenda for consideration and appropriate action. PROJECT FUNDING: Funding for both projects is included in the Capital Improvements Fund. RECOMMENDATION: Staff recommends City Council approval of Resolution No. 2011-07, authorizing the Mayor to execute a Right -of -Way, Public Utility and Encroachment Agreement for Project No. STP -172A (346)IG, Job No. 24037(04), 86th Street North Memorial Drive to Main Street Widening Project between the Oklahoma Department of Transportation and the City of Owasso. ATTACHMENTS: A. Resolution No. 2011 -07 B. Project Agreement - 86th Street Widening CITY OF OWASSO, OKLAHOMA RESOLUTION NO. 2011 -07 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEEMENT FOR FEDERAL AID PROJECT NUMBER STP- 172A(346)IG, J/P 24037(04) BY AND BETWEEN THE CITY OF OWASSO AND OKLAHOMA DEPARTMENT OF TRANSPORTATION. WHEREAS, it is in the best interest of the City of Owasso to execute a Right -of way, Public Utility and Encroachment Agreement for Federal -aid Project Number STP- 172A(346)IG, J/P 24037(04) by and between the City of Owasso and the Oklahoma Department of Transportation described as: Improvements to 86th Street North - Memorial Drive to Main Street. NOW, THEREFORE, BE IT RESOLVED that the Mayor is authorized and directed to execute the above described agreement on behalf of the City of Owasso. ADOPTED this 19th day of July, 2011. Doug Bonebrake, Mayor City of Owasso, Oklahoma ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney Population 18,502 RIGHT -OF -WAY, PUBLIC UTILITY AND ENCROACHMENT AGREEMENT This Agreement, made and entered into this day of , 20 , by and between the City of Owasso, Tulsa, Oklahoma, hereinafter called the City and the Department of Transportation of the State of Oklahoma, hereinafter called the Department, Witnesseth: That for and in consideration of the covenants and agreements hereinafter set forth, it is mutually agreed by and between the parties hereto as follows: In connection with the location and improvement of a portion of the System within the corporate limits of the City, now designated as 86th street North- Memorial Drive to Main St. under plans and specifications for STP- 172A(346)IG, Job No. 24037(04). WHEREAS, legislative authorization and the rules, regulations, and policies of the Department provide the basis of cooperation between the parties to effect such highway improvements. NOW, THEREFORE, the parties hereto agree as follows: The City agrees: To the location of said highway, acknowledges receipt of and adopts the plans for said project as the official grade and drainage plans of the Underwriter for the streets, boulevards, or arterial highway included therein. Further, and in addition to the provisions contained elsewhere herein, City hereby grants to the Department access to and the use of all rights -of -way belonging to or controlled by the City and City shall not permit the vacation of any such street, alley or other rights -of -way without the prior written approval of Chief, Right of Way Division, Department of Transportation, State of Oklahoma. 2. That prior to the advertising of the project for bids (as to that part of the project lying within the present corporate limits) it will: Page 1 of 7 (a) Grant to the Department and its contractors, the right -of -entry to all existing streets, alleys, and City owned property when required, and other rights -of -way shown on said plans. (b) Remove at its own expense, or cause the removal of, all encroachments on existing streets as shown on said plans, including all signs, buildings, porches, awnings, porticos, fences, gasoline pumps and islands, and any other such private installations. Said removal shall be accomplished immediately on execution of this agreement and shall include necessary legal action where required. (c) Prohibit parking on that portion of the project within the corporate limits of the Local Public Agency. (d) Comply with the Department's standards for construction of driveway entrances from private property to the highway, in accordance with the Department's manual entitled "Policy on Driveway Regulation for Oklahoma Highways ", Rev. 5/96, 69 O.S. (2001) § 1210. (e) Maintain all right of way acquired for the construction of this project, as shown on said plans, in a manner consistent with applicable statutes, codes, ordinances and regulations of the Department and the State of Oklahoma. 3. That City will: (a) Determine and locate, with the Department's approval, a detour route over existing city streets, if a re- routing of traffic or a detour is necessary during the period of construction. (b) Be responsible during or subsequent to construction, for all costs for the operation and any maintenance necessary to the approved detour route over existing City streets, or any other street as a result of additional traffic. (c) Be responsible for all costs for repairs or maintenance to any City street, during or subsequent to construction, which results from additional traffic where construction is performed under traffic. Page 2 of 7 (d) To the extent permitted by the Oklahoma Governmental Tort Claims Act, Title 51 Oklahoma Statutes, Sections 151 et seq. and by Oklahoma Constitution Article 10, section 26 and as otherwise permitted by law, the City shall indemnify and save harmless the Department, it's officers and employees, and shall process and defend at it's own expense all claims, demands, or suits whether in law or equity brought against the City or the Department arising from the City's execution, performance, or failure to perform, and provisions of this agreement or alleged negligence in the location, design, construction, operation, or maintenance of a portion of the City Street System within the corporate limits of the City. Provided, nothing herein shall require the City to reimburse the Department for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Department. When any alleged act, omission, negligence, or misconduct may be subject to the limitations, exemptions, or defenses which may be raised under the Oklahoma Governmental Tort Claims Act, 51 O.S. § 151 et seq., all such limitations, exemptions, and defenses shall be available to and may be asserted by City. No liability shall attach to the Department except as expressly provided herein. e) Comply with all applicable laws and regulations necessary to meet the Oklahoma Department of Environmental Quality(ODEQ) requirements for pollution prevention including discharges from storm water runoff during the planning and design of this project. Further, the City agrees and stipulates as stated in the ODEQ's General Permit 0KR10, dated September 13, 2002, or latest revision, to secure a storm water permit with the ODEQ, for utility relocations when required. It is agreed that the storm water management plan for the project previously described in the document includes the project plans and specifications, required schedules for accomplishing the temporary and permanent erosion control work, the storm water pollution prevention plan and the appropriate location map contained in the utility relocation plans 4. That subsequent to the construction of said project, City will: (a) Keep all permanent right -of -way shown on said plans free from any encroachment and take immediate action to effect the removal of any encroachments upon notification by the Department, including all necessary legal action when required. Page 3 of 7 (b) Erect, maintain, and operate traffic control signals, including speed limit and traffic control signs, only in accordance with 47 OS 2001, Section 15 -104, 15 -105 and 15 -106, and subject to the approval, direction and control of the Department. (c) Regulate and control traffic on said project, including but not limited to, the speed of vehicles, parking, stopping, and turns, in accordance with 47 OS 2001, 15 -104, et seq. and to make no changes in the provisions thereof without the approval of the Department. (d) Maintain all that part of said project within the corporate limits of the City. (e) The City shall have the authority pursuant to 69 O.S. 2001 § 1001 and 69 O.S. 2001 § 1004 to sell any lands, or interest therein, which were acquired for highway purposes as long as such sale is conducted in accordance with the above cited statutes. Prior written approval by the Chief, Right -of -Way Division for the Department shall be required before any sale is made. 5. That all covenants of this Agreement shall apply to any area hereinafter annexed to the City which lies within the limits of this project. 6. That it will, by resolution, duly authorize the execution of this Agreement by the proper officials, and attach copies of such resolution to this Agreement. 7. To acquire all right -of -way, if any, be responsible for the total costs for removing and relocating outdoor advertising signs and for the relocation assistance payments to persons displaced by reason of the acquisition of right -of -way and be responsible forthe removal or relocation of all utility lines on public or private rights -of -way to accommodate the construction of this project. (a) Transmit copies of the instruments, including all deeds and easements, to the Department prior to the advertisement of bids for construction. Page 4 of 7 (b) Comply with the provisions of 42 U.S.C.A. § 4601 -4655 and 23 U.S.C.A. § 323 (as amended) and, further comply with 49 C.F.R. Part 24 in the acquisition of all necessary right -of -way and relocation of all displacees. (c) That as a condition to receiving any Federal Financial Assistance from the Department, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252.42 U.S.C. 2000d -35 seq., and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, "Nondiscrimination of federally- assisted Program of the Department of Transportation- Effectuation of Title VI of the Civil Rights Act of 1964 ". 8. If the acquisition of right -of -way for this project causes the displacement of any person, business or non - profit organization, the City will provide and be responsible for the Relocation Assistance Program and for all cost associated with the relocation assistance payments. The Department will supply a list of approved service providers qualified to administer the Relocation Assistance Program. The City agrees to employ a service provider from the approved list and comply with all applicable rules, regulations, statues, policies and procedures of both the United States and the State of Oklahoma. Before any relocation assistance payments are made, all files with parcels requiring relocation shall be audited by the Department. The Department shall be notified in writing within seven (7) days of the date of the offer to the property owner on any parcel which will require relocation assistance. Written notifications of offers to acquire shall be addressed to Project Manager, Right -of -Way Division, Oklahoma Department of Transportation, 200 N. E. 21st Street, Oklahoma City, Oklahoma 73105. Page 5 of 7 IN CONSIDERATION of the grants and covenants by the City herein contained and the faithful performance thereof by the City, the City agrees to construct said project in accordance with said plans and specifications; provided that the right to review and approve and to make such changes in the plans and specifications as are necessary for the proper construction of said project is reserved to the Department. IN WITNESS WHEREOF, we have hereunto set our hands and seals, the City on the day of 20_, and the State on the _ day of 20_. ATTEST: CITY OF OWASSO City Clerk REVIEWED AND APPROVED AS TO FORM AND LEGALITY Chief, Legal Division (ODOT) Mayor STATE OF OKLAHOMA DEPARTMENT OF TRANSPORTATION Director Page 6 of 7 RESOLUTION WHEREAS, it appearing reasonable and necessary for the CITY OF OWASSO , TULSA COUNTY, OKLAHOMA, to execute a Right -of -Way, Public Utility and Encroachment Agreement in connection with the construction of a public project known as STP- 172A(346)IG J/P 24037(04), in accordance with the terms and tenor of 69 O.S. 2001, Sections 1205, 1206, 1401 and 1403. NOW, THEREFORE, BE IT RESOLVED by the CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, sitting in regular session that such contract be entered and that a copy of same be hereto attached and made a part hereof by reference, all as provided by law. ATTEST: CITY CLERK MAYOR Page 7 of 7 The City, wif out Limits. TO: The Honorable Mayor and Council City Of Owasso FROM: Roger Stevens Public Works Director SUBJECT: Resolution No. 2011 -08 East 76th Street North Roadway Improvements from Highway 169 to North 129th East Avenue DATE: July 15, 2011 BACKGROUND: Surface Transportation Program (STP) funds are made available on an annual basis by the Federal Highway Administration (FHWA) through the Oklahoma Department of Transportation (ODOT), for the implementation of eligible transportation improvements in the Tulsa Urbanized Area. INCOG administers the grant funding and has established a selection process for the distribution of STP funds. Priority funding is given to projects that meet Federal regulations and help advance the Regional Transportation Plan through safety improvements, and to projects that reduce traffic congestion. Proposed projects are evaluated for eligibility and priority based on a 100 -point rating system. In May 2010, INCOG began accepting STP funding applications, with a submittal deadline of July 26, 2010. As a result, the City contracted with an engineering consulting firm (Poe & Associates, Incorporated) to perform a conceptual engineering design of improvements to East 76th Street North from US Hwy 169 to North 129th East Avenue. In an effort to prevent the unnecessary expenditure of funds, the scope of work for the engineering services was limited to the conceptual design only, providing only the information needed to prepare and complete the INCOG funding applications. In July 2010, the City Council approved Resolution No. 2010 -10, submitting an application requesting Federal funding assistance through the Surface Transportation Program Urbanized Area for the engineering, utility relocation, and right -of -way acquisition related to the roadway improvements to East 76th Street North from HWY 169 to North 129th East Avenue. In September 2010, INCOG determined the project as a transportation priority within the metropolitan region and approved the application for Federal funding assistance. Such Federal assistance is anticipated to be received in FY 2014 or sooner, depending on availability. PROPOSED RESOLUTION FOR CONSTRUCTION PHASE: In June 2011, INCOG began their annual process of accepting applications for STP funds with a submittal deadline of July 29, 2011. Similar to the process utilized in obtaining Federal funding assistance for the engineering, utility relocation, and acquisition of right -of -way for the East 76th Street North Roadway Improvement Project, a Resolution is necessary in order to complete the application process. The 2011 application will request Federal funding assistance for the construction of the roadway improvements. If this project is selected in September 2011, the funding for construction will be targeted in FY 2015 or sooner, depending on funding availability. CONCEPTUAL DESIGN SUMMARY: The East 761h Street North from US Hwy 169 to North 129th East Avenue, an arterial street in Owasso, is a heavily used roadway that conveys residential and commercial traffic in the area, as well as commuter traffic to and from Owasso. This roadway accommodates a large percentage of local traffic, and is significant in the distribution of traffic to and from the Stone Canyon Elementary School and the Port of Catoosa. It is expected that residential growth east of this project will increase traffic volumes and continue to overload the existing two -lane road section. The following table shows existing and future flow patterns: Location Daily Traffic Volume Daily Traffic Volume City of Owasso Portion (Vehicles per day 2010) (Vehicles per day $3.47 $870,000 projected for 2020) SW Corner of $1.00 $252,000 Cemetery 15,855 25,826 N. 127th East Avenue Engineering (8 %) $0.44 $0.35 12,366 20,142 500' east of N. 129th $5.56 $1,396,000 East Avenue 7,356 11,982 The proposed lane configuration is a 5 -lane roadway section, including 2 -lanes in each direction with a center turn lane to expedite turning movements into the various subdivisions along the roadway. Based on the conceptual design, the anticipated cost for the planning and construction of the proposed roadway improvements is $6.97 million. ODOT funding for this project will be through the Surface Transportation Program, which will fund 80% of eligible project costs, while the local government funds 20 %. Based upon this information, the following is an estimate of the cost distribution: Project Segment Estimate ($ millions) ODOT Portion ($ millions) City of Owasso Portion Construction $4.34 $3.47 $870,000 Right -of -Way $1.26 $1.00 $252,000 Utility Relocation $0.93 $0.74 $186,000 Engineering (8 %) $0.44 $0.35 $88,000 Total Project Cost $6.97 $5.56 $1,396,000 PROPOSED RESOLUTION: Resolution No. 2011 -08 declares the City's intent to request the Surface Transportation Program Urbanized Area for improvements to East 76th Street North from Hwy 169 to North Federal funding assistance through the construction of the roadway 129th East Avenue. RECOMMENDATION: Staff recommends City Council approval of Resolution No. 2011-08, requesting ODOT to consider the construction phase of the East 76th Street North Improvement Project as a candidate for Federal funding assistance through the Surface Transportation Program. ATTACHMENT: A. Resolution No. 2011 -08 Resolution No. 2011-08 CITY OF OWASSO, OKLAHOMA RESOLUTION NO. 2011 -08 ARE SOLUTION REQUESTING FEDERAL -AID SURFACE TRANSPORTATION PROGRAM URBANIZED AREA FUNDS FOR CONSTRUCTION OF EAST 76TH STREET NORTH FROM HWY 169 TO NORTH 129TH EAST AVENUE ROADWAY IMPROVEMENTS. WHEREAS, Surface Transportation Program funds for urbanized areas have been made available for transportation improvements within approved Urban Areas; and, WHEREAS, the City of Owasso is submitting a project candidate described as follows: East 76th Street North from Hwy 169 to North 129th East Avenue Roadway Improvements WHEREAS, the submitted project is consistent with the local comprehensive plan, including applicable Major Street and Highway Plan Element, and the Regional Transportation Plan; and, WHEREAS, the engineer's preliminary estimate for construction is $4.34 million, and Federal participation under the terms of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A legacy for Users (SAFETEA -LU) relating to Surface Transportation Program Urbanized Area funds are hereby requested for funding of 80 percent of the project cost; and, WHEREAS, the City of Owasso proposes to use sales tax revenues as the source(s) of funds for the balance of the project costs; and, WHEREAS, the City of Owasso agrees, as a condition to receiving any Federal financial assistance from the Department of Transportation, that it will comply with Title VI of the Civil Rights Act of 1964,78 Stat. 252,42. U.S.C. 2000d et seq., and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, "Nondiscrimination of Federally- Assisted Programs of the Department of Transportation- Effectuation of Title VI of the Civil Rights Act of 1964 "; and, WHEREAS, the City of Owasso agrees to become jointly responsible, with the Oklahoma Department of Transportation and the contractor as co- applicants, for meeting all Environmental Protection Agency (EPA) requirements for storm water runoff from this project. Further, if required, the City of Owasso agrees to file jointly, with the Department and the contractor, the general National Pollutant Discharge Elimination System (NPDES) permit with the EPA which authorizes the storm water discharges associated with activity from the construction site identified in this resolution; and, WHEREAS, the City of Owasso further agrees to deposit with the Oklahoma Department of Transportation the matching funds required ninety (90) days prior to the contract letting date; and, Resolution No. 2011-08 WHEREAS, the City of Owasso further understands that acceptance of this resolution by the Department is not a commitment to federal funding, but only registers the City's interest and intent in participating the program application process. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, that the Oklahoma Transportation Commission is hereby requested to consider the selection of this project as a candidate for federal funding. DATED this 19th day of July 2011 Mayor, Doug Bonebrake ATTEST: City Clerk, Sherry Bishop APPROVED AS TO FORM: City Attorney, Julie Lombardi ( �—? 5 V The City Wit out Limits. TO: The City Council FROM: Doug Bonebrake Mayor SUBJECT: Board and Commission Appointments DATE: July 15, 2011 BACKGROUND: Pursuant to authority contained in Article 2, Section 2 -4, subsection (e) of the Charter of the City of Owasso, the City Council has established ordinances that provide, generally, for the Mayor to appoint members to various boards, commissions, trusts, and committees; such appointments subject to confirmation by the City Council. Additionally, the Council has established the same procedure, by precedent, for those appointments not specifically addressed by ordinance. It is, therefore, the purpose of this memorandum to recommend for Council confirmation the following appointments to the positions as indicated: ANNEXATION COMMITTEE: (One Year Terms) Patrick Ross (City Council Representative) Doug Bonebrake (City Council Representative) David Vines (Planning Commission Representative) Kevin Lane (Citizen Representative) Bradd Clark (Fire) Dan Yancey (Police) Warren Lehr (Assistant City Manager) Karl Fritschen (Community Development) Chelsea Harkins (Economic Development) Roger Stevens (Public Works) Julie Lombardi (City Attorney) AUDIT COMMITTEE: Doug Bonebrake (Seat 1, City Council Representative- One Year Term) Kevin Cavanaugh (Seat 3, Business Representative - Three Year Term) John Manning (Seat 4, Non Practicing CPA - Three Year Term) BOARD OF ADJUSTMENT: Dr. Chris Kelley (Three Year Term) Sherry Jacobs (Three Year Term) CAPITAL IMPROVEMENTS COMMITTEE: (One Year Term) Charlie Brown (City Council Representative) Bryan Stovall (City Council Representative) Dr. Paul Loving (Planning Commission Representative) Dirk Thomas (OEDA Representative) CAPITAL IMPROVEMENTS COMMITTEE cont'd: (One Year Term) Jeri Moberly (Chamber Representative) Wayne Ruess (Citizen Representative) Jim Hunter (Citizen Representative) Dr. Chris Kelley (Citizen Representative) Rob Haskins (Citizen Representative) Jason Drake (Citizen Representative) Sherry Bishop (Assistant City Manager) Warren Lehr (Assistant City Manager) Rodney Ray (City Manager) Angela Hess (Finance) OWASSO ECONOMIC DEVELOPMENT AUTHORITY: Frank Enzbrenner, (Five Year Term) Gary Akin (Chamber Representative, One Year Term) Steve Cataudella (Council Representative, One Year Term) PERSONNEL BOARD: Jerry Duke (Three Year Term) PLANNING COMMISSION: Dr. Mark Callery (Three Year Term) Alex Mills (vacant seat to expire 5/30/2013) SALES TAX WATCHDOG COMMITTEE: Don Hutchings (Senior Citizen Representative, Indefinite Term) INCOG BOARD OF DIRECTORS: Steve Cataudella (City Council Representative) Rodney Ray (City Manager, Alternate) INCOG ENVIRONMENTAL POLICY COMMITTEE: Roger Stevens (Public Works) INCOG TRANSPORTATION POLICY COMMITTEE: Charlie Brown (City Council Representative) Rodney Ray (City Manager, Alternate) INCOG TRANSPORTATION TECHNICAL COMMITTEE: Roger Stevens (Public Works) Daniel Dearing (Public Works, Alternate) REGIONAL METROPOLITAN UTILITY AUTHORITY: Sherry Bishop (Assistant City Manager) Rodney Ray (City Manager)