TITLE 35 STREETS AND SIDEWALKS

Transcription

1 TITLE 35 STREETS AND SIDEWALKS CHAPTER 1. GENERAL PROVISIONS CHAPTER 2. SIDEWALKS AND DRIVEWAYS CHAPTER 3. PAVING AND SIDEWALK CUTS CHAPTER 4. CONSTRUCTION OF PRIVATELY FINANCED PUBLIC IMPROVEMENTS CHAPTER 5. RETAINING WALLS CHAPTER 6. PENALTY CHAPTER 7. LAWN SPRINKLING SYSTEMS ON PUBLIC PROPERTY CHAPTER 8. PERMIT REQUIRED TO USE NATURAL GAS PIPELINE CHAPTER 9. TREES CHAPTER 1 GENERAL PROVISIONS Section 100. Section 101. SECTION 100. Director of Public Works. Warning Signs Required. DIRECTOR OF PUBLIC WORKS It shall be the duty of the Director of Public Works or his designee to establish the grading of all unpaved streets, avenues and alleys. He shall make such repairs to culverts, bridges, crossings and streets that may be necessary. He shall keep all streets and alleys in a clean and sanitary condition and provide for the necessary sweeping, sprinkling, flushing and cleaning of the same. He shall discharge any and all other duties relating to the maintenance of the streets and alleys of the City of Tulsa which the Mayor may assign to him. SECTION 101. WARNING SIGNS REQUIRED Any person who constructs, alters or repairs any street, alley, sidewalk or appurtenance thereto or performs construction or demolition work of any kind upon the right-of-way of any street or alley in the City of Tulsa shall erect and maintain warning signs and guide signs as prescribed by Part 6 of the most current edition of Manual on Uniform Traffic Control Devices for Streets and Highways, (MUTCD), as published by the U.S. Department of Transportation, Federal Highway Administration, three (3) copies of which are on file in the Office of the City Clerk of the City of Tulsa, Oklahoma. Any derivations or exceptions to the standards as called for in the MUTCD shall be approved by Director of Public Works.

2 Ch. 2, Pg. 1 Title 35 - Streets and Sidewalks (1/1/1997) CHAPTER 2 SIDEWALKS AND DRIVEWAYS Section 200. Section 201. Section 202. Section 203. Section 204. Section 205. Section 206. Section 207. Section 208. Section 209. Section 210. Section 211. Section 212. Definitions. Permits and Fees. Bonds, Insurance. Width. Plans. Grade and Lines. Grade from Curb. Loss of Grade or Line. Driveways. Change in Location. Protection of Work. Maintenance by Property Owner. Barricades. (NOTE: For Sidewalk Improvement Districts see Article IX, Sections 2.1, et. seq., of the amended Charter of the City of Tulsa.) SECTION 200. DEFINITIONS A. Sidewalk shall be construed to mean any sidewalk, driveway, or curbing in, upon or attached to any street, alley, public property or any part thereof within the City of Tulsa. B. Construction or Constructing shall be construed to mean the erecting, building, removing, changing or repairing of any sidewalk. Ord. No SECTION 201. PERMITS AND FEES A. Permit and Fee. No person shall construct or repair any sidewalk, driveway or curb in the City of Tulsa, without having first procured from the Director of Public Works, a permit for doing the things provided herein. Such person shall pay the City of Tulsa, as a permit fee for the purpose of regulating and supervising the construction or repair of any sidewalk, driveway or curb, the sum of Twenty-five Cents ($0.25) for each lineal foot of the sidewalk, driveway or curb to be constructed or repaired; provided, however, that no permit shall be issued for less than Twenty-five Dollars ($25.00); and, provided further, that such permit shall be issued only upon condition, and as partial consideration therefor, that the applicant shall agree to abide by the provisions of the Charter, the Revised Ordinances and the rules and regulations of the City of Tulsa now or hereafter in force and effect. Permits shall be valid only for thirty (30) days. B. Record Retention Fee. In addition to the permit fee, a fee of One Dollar ($1.00) per form, page and/or document shall be charged for retention by microfilming, computer imaging or storage of records, permits and associated data.

3 Ch. 2, Pg. 2 Title 35 - Streets and Sidewalks (1/1/1997) C. Permit and Licensing System Fee. In addition to the permit fee, a fee of Five Dollars ($5.00) shall be charged for each permit issued to offset the cost of computerizing the permit processing and licensing system. This fee shall be collected only to recover the cost of the system. D. Permit and Licensing System Maintenance Fee. A permit surcharge of Two Dollars ($2.00) shall be charged on each permit to maintain the permit and licensing system. E. Permit Cancellation Fee. A Fifteen Dollar ($15.00) fee shall be charged if a permit is canceled for any reason. F. Penalty Fee. If any work is started prior to the issuance of the required permit, a penalty fee shall be charged in addition to the regular permit fee. The penalty fee shall be One Hundred Dollars ($100.00) or double the cost of the regular fee, whichever is greater. The payment of such penalty fee shall not relieve any person from fully complying with all the requirements of this code. Ord. No SECTION 202. BONDS, INSURANCE The permit required herein shall not be issued by the Director of Public Works until the applicant shall file with the City Clerk evidence of good and sufficient bond and/or insurance in favor of the City of Tulsa in the sum of no less than Five Thousand Dollars ($5,000.00), conditioned on the following: A. That the City of Tulsa shall be held harmless from any costs, damages or expenses of any kind and from any liability which may be imposed by law or for which the City of Tulsa may become liable or may pay by reason of any loss sustained by any person because of any act or omission by the permittee in the construction of sidewalks, driveways or curbs or in providing proper safeguards for the public during such construction; B. That for a period of one (1) year after the acceptance of the work by the City, the permittee shall, in the manner prescribed by the Director of Public Works, repair any breaks or defects arising from defective construction or materials and shall repair any damage resulting from settling; C. That, upon completion of construction, should any sidewalks, driveways or curbs not be approved by the Director of Public Works, they shall be reconstructed by the permittee within ten (10) days after receipt of written notice from the Director of Public Works and the permittee shall pay for any damages arising from the cutting of any curb or street; and D. That the permittee shall pay all indebtedness incurred for labor or materials furnished in the construction or repair of any sidewalk, driveway or curb in the City of Tulsa and any person to whom there is due any moneys for furnishing labor or materials upon such work shall have a right of action against the principal and his surety as prescribed in 61 O.S.Supp.1996, 2, as amended. SECTION 203. WIDTH The width of all sidewalks in the City of Tulsa shall be according to the provisions of this section.

4 Ch. 2, Pg. 3 Title 35 - Streets and Sidewalks (1/1/1997) All sidewalks in the fire limits area, more particularly described in the building code of the City of Tulsa, shall extend from the property line to the curb. All sidewalks outside the fire limits area shall be at least four (4) feet in width, except that sidewalks adjacent to property used for business purposes shall extend from the property line to the curb but shall not be required to be more than twelve (12) feet in width. Subject to the aforesaid conditions, no sidewalk shall be of less width than a sidewalk to which it connects; but if it connects to two sidewalks, then it may be the width of either. Where a curb does not exist, the Director of Public Works shall specify the curb line. SECTION 204. PLANS All work to be done and performed as provided in this chapter shall be done and performed in accordance with the plans and specifications approved by the Director of Public Works and in accordance with the grades and levels established and furnished by the Director of Public Works. The work done and performed shall be inspected by the Director of Public Works who may stop any work when the same is not being performed according to specifications. Ord. No SECTION 205. GRADE AND LINES Upon request from any bonded permit holder who has secured a permit to construct a sidewalk, the Director of Public Works shall set grade stakes showing the established grades and approximate corners of property. Each property owner, before building such walk, shall find the correct location of his lot lines and shall place the inside of the walk one (1) foot and six (6) inches from the lot lines in all residence districts, and on the lot lines in the business district; provided that, in each block, the walks shall all be constructed in a straight line, or such distances from the property that there shall be no offset in the line of the walk. If walks that have already been constructed cannot be made to align, the permittee shall ask for a line which shall be furnished by the Director of Public Works. Ord. No SECTION 206. GRADE FROM CURB When curbing has been constructed, the grades of sidewalks shall be established by the curb. The walk shall slant upward away from the curb, rising one-fourth (1/4) inch for each linear foot of sidewalk width, resulting in drainage toward the curb; except that all walks must meet the adjoining walk. If proper grades cannot be established by the curb, the Director of Public Works shall prescribe the grades of the sidewalks. SECTION 207. LOSS OF GRADE OR LINE If any builder of a sidewalk loses a grade or line after the grade or line is furnished by the Director of Public Works, he shall pay to the Director of Public Works the sum of Five Dollars ($5.00) for a resetting of the grade or line. SECTION 208. DRIVEWAYS

5 Ch. 2, Pg. 4 Title 35 - Streets and Sidewalks (1/1/1997) No person shall use any portion of a curb, parkage or sidewalk as a driveway unless a proper driveway is or shall be constructed or installed to the satisfaction of the Director of Public Works after a permit therefor has been obtained as hereinafter provided. Such driveway shall be properly completed within thirty (30) days from date of issuing the permit, unless an extension of time shall be granted. If the curb is cut by a builder and not replaced within sixty (60) days, the Director of Public Works may have the same replaced and may charge the cost to the builder and surety, whose duty it shall be to pay the cost. Ord. No SECTION 209. CHANGE IN LOCATION The location of a sidewalk may be changed upon approval of the Director of Public Works, provided that such change of location is completed within thirty (30) days after such approval. SECTION 210. PROTECTION OF WORK Any person who constructs a sidewalk or driveway shall protect the new construction until it is ready for use.

6 Ch. 2, Pg. 5 Title 35 - Streets and Sidewalks (1/1/1997) SECTION 211. MAINTENANCE BY PROPERTY OWNER The maintenance of sidewalks shall be a private responsibility. It shall be unlawful for any person, as owner, his agent or representative, owning or having in his charge or under his control, any property in the City of Tulsa, to permit any sidewalk abutting upon such property to become dilapidated or out of repair so as to endanger the public safety and the public travel thereon. In any instance where the responsible private party fails to maintain an abutting sidewalk in a safe condition and such failure becomes known to the Director of Public Works, the Director of Public Works shall determine the nature and extent of any repairs necessary to eliminate any existing hazard to public safety and travel, and he shall give written notice to such person to repair the sidewalk within ten (10) days. If the sidewalk is not properly repaired within ten (10) days after the service of notice, then the owner, agent or representative of such owner having charge of such property shall be deemed guilty of violating this chapter, and each day that the sidewalk is left in an unsafe or dangerous condition after the expiration of the ten (10) days' time shall constitute a separate offense and be punished by a fine as hereinafter provided. Ord. No SECTION 212. BARRICADES In the event any sidewalk becomes dilapidated or in a dangerous condition as described in the preceding section, the person owning or having charge of the premises abutting upon such sidewalk, shall immediately erect and maintain barriers, guards, lights or warning signals around the place where such dangerous condition exists until such sidewalk is repaired as required in this chapter. Ord. No. 2445

7 Ch. 3, Pg. 1 Title 35 - Streets and Sidewalks Supp. 8 (1/1/01) CHAPTER 3 PAVING AND SIDEWALK CUTS Section 300. Section 301. Section 302. Section 303. Section 304. Section 305. Section 306. Section 307. SECTION 300. Scope. Definitions. Permit Process, Permit Fee, Surety. Penalties for Making Alterations Without a Permit or Waiver. Manner of Cutting. Backfill of Trenches. Safety Devices. Safety Devices, Violations. SCOPE A. The provisions of this chapter shall apply to every person, firm, agency, institution or corporation and every City department, public trust, licensee or franchisee which makes or causes to be made any paving cuts as defined herein. B. The provisions of this chapter shall apply to sidewalk cuts when such sidewalk cuts are made in conjunction with paving cuts. C. The provisions of this chapter shall not apply to replacement or repair of a sidewalk when such replacement or repair is performed upon the sidewalk only, as provided in Chapter 2 of this title. SECTION 301. DEFINITIONS Unless otherwise provided, for the purposes of this chapter, the following words and phrases shall have the meanings given herein. A. Application shall mean the request, on appropriate forms provided by the Director of Public Works, for permission to perform paving and sidewalk cuts. B. City Engineering Standards shall mean the official design specifications approved and promulgated by the Director of Public Works which set forth the requirements for paving cuts; (e.g., standard concrete pavement cut and repair; standard asphalt pavement cut and repair). C. Director of Public Works shall mean the Director of Public Works of the City of Tulsa or representatives designated by him to execute the terms and provisions of this chapter. D. Emergency shall mean a sudden and urgent occasion necessitating immediate action to preserve the life, health, safety and/or welfare of people and/or property. E. M.U.T.C.D. shall mean the Manual on Uniform Traffic Control Devices, as published by the U.S. Department of Transportation, Federal Highway Administration, three (3) copies of which are on file in the office of the City Clerk of the City of Tulsa.

8 Ch. 3, Pg. 2 Title 35 - Streets and Sidewalks Supp. 8 (1/1/01) F. Paving Cut shall mean the act of altering, cutting, removing, excavating, or changing in any manner, the paved or traveled portion of any street right-of-way or public alley. G. Permit shall mean the grant, on an appropriate form, provided and signed by the Director of Public Works, of permission to perform paving and sidewalk cuts. H. Sidewalk Cut shall mean the act of altering, cutting, removing, excavating, or changing in any manner, any sidewalk, driveway, curb, gutter or other appurtenance to a street right-of-way or public alley, but only when a necessary part of a paving cut as above defined. I. Working Day shall mean 8:30 a.m. to 5:00 p.m. Monday through Friday, excluding City of Tulsa holidays. Ord. No SECTION 302. PERMIT PROCESS, PERMIT FEE, SURETY A. Any person, firm or corporation before making any paving cut, shall apply for and obtain a permit therefor from the Director of Public Works, except in an emergency. In the event of an emergency, such person, firm or corporation may make a paving cut and shall apply for the permit at the earliest opportunity, but in no event later than the close of the next working day after such paving cut is commenced. B. Any applicant for a paving cut permit shall tender to the Director of Public Works: 1. A completed application; 2. A plan drawing of the proposed paving cut; and 3. Either: a. A fully completed application for the construction of privately financed public improvements meeting all criteria set forth in Title 35 Tulsa Revised Ordinances Section 401 et seq.; or b. The permit fee. The permit fee shall be calculated by multiplying the actual constructed quantities of the item described by the fee per unit of measure as provided in the Paving Cut Repair Fee Schedule, as set forth in Subsection 302.C. An applicant for a paving cut permit which does not hold an occupancy permit pursuant to Title 11, Tulsa Revised Ordinances, Chapter 12, shall pay, in addition to the permit fee, an additional thirtyfive percent (35%) of the amount of the permit fee to cover the administrative costs to the City of Tulsa for administering the paving cut. C. Paving Cut Repair Fee Schedule. PAVING CUT REPAIR FEE SCHEDULE

9 Ch. 3, Pg. 3 Title 35 - Streets and Sidewalks Supp. 8 (1/1/01) PAVING CUTS OVER 10 SY ITEM DESCRIPTION UNIT OF MEASURE FEE PER UNIT Type "A" Aggregate Base CY $30.00 Flowable Fill, Quick Setting CY $73.64 Type "A" Asphalt Concrete CY $84.00 Type "B" Asphalt Concrete TON $62.00 Type "C" Asphalt Concrete TON $67.00 High-Early-Strength Concrete Pavement CY $ Concrete Pavement/Pozzutec 20 CY $ Concrete Sidewalk CY $ PAVING CUTS 10 SY & UNDER Type "A" Aggregate Base CY $43.30 Flowable Fill, Quick Setting CY $77.00 Type "A" Asphalt Concrete TON $ Type "B" Asphalt Concrete TON $ Type "C" Asphalt Concrete TON $ High-Early-Strength Concrete Pavement CY $ Accelerated Strength Concrete Pavement/Pozzutec 20 CY $ Concrete Sidewalk CY $279.00

10 Ch. 3, Pg. 4 Title 35 - Streets and Sidewalks Supp. 8 (1/1/01) ALL PAVING CUTS Unclassified Excavation CY $10.16 Polyvinyl Chloride Erosion Control Mat SY $7.11 Solid Slab Sodding (Bermuda) SY $1.59 Solid Slab Sodding (Non Bermuda) SY $2.02 Seeding SY $1.00 Suitable Backfill CY $5.49 Type "A" Aggregate Base CY $30.24 Separator Fabric SY $2.18 Crack Sealing (Hot Rubber) LF $2.24 Coarse Aggregate No. 57, In Place CY $36.29 Class "A" Concrete For Small Structures CY $ Reinforcing Steel-In-Place LB $0.55 Dowel Bar-In-Place EA $2.83 Laid-Up Rip Rap SY $28.14 Concrete Pavement Expansion Joint LF $1.76 Low Modulus Silicon Joint Sealer LF $2.24 Pressure Grouting CY $ Versa-LoK Retaining Wall SF $23.30 Grouted Rip Ray SY $55.02 Filter Fabric SY $1.65 Concrete Curb, 6" Barrier LF $6.38 Concrete Curb, 6" Mountable LF $6.38 Concrete Curb, 8" Barrier LF $6.94 Combined Curb & Gutter, Std. LF $12.40 Standing Curb - 6"x9"x18" LF $13.52 Handicap Ramp EA $ Concrete Driveway (High-Early-Strength) CY $ Decorative Aggregate Concrete CY $ Manholes Adjust To Grade EA $ Precast Concrete Manhole (4' I.D.) EA $1, Additional Depth (4' I.D.) Manhole VF $ Precast Concrete Manhole (5'I.D.) EA $1, Additional Depth (5' I.D.) Manhole VF $ Precast Concrete Manhole (6' I.D.) EA $1, Additional Depth (6' I.D.) Manhole VF $ Standard Masonry Manhole EA $1, Additional Depth Standard Masonry Manhole VF $ Masonry Junction Box EA $2, Additional Depth Masonry Junction Box VF $210.28

11 Ch. 3, Pg. 5 Title 35 - Streets and Sidewalks Supp. 8 (1/1/01) Manhole Frame & Cover Type "A" EA $ Manhole Frame & Cover Type "B" EA $ Single Grate Drop Inlet (S.G.D.I.) EA $1, Double Grate Drop Inlet (D.G.D.I.) EA $2, Standard Inlet with Access Manhole Back of Curb EA $2, Standard Drop Inlet (Design #1) EA $1, Standard Drop Inlet (Design #2) EA $1, Standard Cast Iron Curb Inlet (C.I.C.I.) EA $ Inlet Frame & Grate EA $ Inlets Adjust To Grade EA $ Valve Boxes Adjust To Grade EA $ Meter Boxes Adjust To Grade EA $ Inch Reinforced Concrete Pipe SF $ Inch Reinforced Concrete Pipe SF $33.32 Masonry Brick Repair SF $26.32 CY = cubic yard TON = 2000 pounds SY = square yard LF = linear foot EA = each DAY = 24 hours SD = sign days LB = pounds FD = flag day VF = vertical foot SF = square foot D. In addition to the permit fees, the following fees shall be charged: 1. Permit and Licensing System Maintenance Fee. A surcharge of Two Dollars ($2.00) shall be charged for each permit to maintain the permit and licensing system. 2. Record Retention Fee. A surcharge of One Dollar ($1.00) per page shall be charged for each permit for retention of permits and associated data by microfilming, computer imaging or other method of storage of records. 3. Permit Cancellation Fee. If a permit is canceled for any reason, a Fifteen Dollar ($15.00) fee shall be charged. E. The applicant for the paving cut permit, except the City, its public trusts, its licensees and franchisees, shall tender to the Director of Public Works either liability insurance or a surety bond, issued by a surety licensed to do business in the state of Oklahoma, in the minimum amount of One Million Dollars

12 Ch. 3, Pg. 6 Title 35 - Streets and Sidewalks Supp. 8 (1/1/01) ($1,000,000.00) per occurrence. The insurance policy shall name the City of Tulsa as insured; the bond shall firmly bind the principal to the City of Tulsa. Such insurance and/or bond shall indemnify and hold the City of Tulsa harmless from any and all loss, costs, damage, expense, or liability. This includes reasonable attorney's fees which the City of Tulsa may be required to pay or which may be recovered from the City of Tulsa by reason of any loss, damage, or injury incurred by any person by reason of the paving cuts performed by the permittee, his agents, servants or employees, or by reason of the neglect, failure, or refusal of the permittee, his agents, servants or employees to maintain proper safety devices, crossing signals or barricades about such work during construction or repair. F. The Director of Public Works shall review the application and, within two (2) working days, shall either issue the permit or, if denying the permit, shall advise the applicant of the modifications which are necessary for issuance of the permit." Ord. Nos , 18587, 18813, 18856, 19084, 19366, SECTION 303. PENALTIES FOR MAKING ALTERATIONS WITHOUT A PERMIT OR WAIVER A. It shall be unlawful and an offense for any person, firm or corporation to perform any paving cut as defined in this chapter, or cause the same to be performed, without first having obtained a permit therefor from the Director of Public Works, except in the case of an emergency. B. It shall be unlawful and an offense for any person, firm or corporation who has performed, or caused to be performed any paving cut in a case of emergency as defined in this chapter, to fail to apply to the Director of Public Works for a paving permit by the close of the next working day following the commencement of the paving cut. C. A paving cut shall be performed in compliance with the conditions and/or modifications contained in the permit issued therefor by the Director of Public Works. If any paving cut is performed which is not in compliance with such conditions and/or modifications, the Director of Public Works shall serve written notice of failure to comply, upon the person, firm or corporation performing or causing to be performed the paving cut. The notice of failure to comply shall state: 1. The location and nature of the alleged failure; 2. What steps must be taken to bring the paving cut into compliance; and 3. A reasonable time period (depending upon the nature of the non-compliance and whether it creates a hazard or nuisance) for the person, firm or corporation to bring the paving cut into compliance. The notice of failure to comply shall be signed by the Director of Public Works or his authorized representative. It shall be unlawful and an offense for any person, firm or corporation served with a notice of failure to comply, as stated in this subsection to fail to bring the paving cut into compliance within the time period stated herein. D. Any person, firm or corporation violating the provisions of this section shall be guilty of an offense and, upon conviction thereof, be punished by imprisonment in the City Jail for a period of not more

13 Ch. 3, Pg. 7 Title 35 - Streets and Sidewalks Supp. 8 (1/1/01) than ninety (90) days and/or by a fine of not more than FIVE HUNDRED DOLLARS ($500.00), excluding costs. Each day of continuation of any violation as defined in this section shall constitute a separate offense. SECTION 304. MANNER OF CUTTING Except in the case of an emergency, all sides of a proposed paving cut shall be sawed with a concrete saw to a depth of not less than two (2) inches. In the case of an emergency, paving may be removed without sawing; however, proper saw cuts shall be required in the subsequent permit. SECTION 305. BACKFILL OF TRENCHES The permittee shall backfill all trenches excavated across or along any paved streets or alleys in accordance with a plan and profile acceptable to the Director of Public Works. The permittee shall provide all necessary compaction tests in accordance with approved plans and profiles. The Director of Public Works shall be notified verbally within twelve (12) hours of the completion of the backfill, and in writing within two (2) working days of such completion. SECTION 306. SAFETY DEVICES The person, firm or corporation performing any paving cut or paving cut and sidewalk cut as herein defined, shall surround the paving cut or paving cut and sidewalk cut with safety devices and/or barriers as provided in the M.U.T.C.D., and shall keep such devices and barriers in place and in good repair until the Director of Public Works notifies him in writing that the Director of Public Works is assuming responsibility for such paving cut. SECTION 307. SAFETY DEVICES, VIOLATIONS A. It shall be unlawful and an offense for any person, firm or corporation performing a paving cut or paving cut and sidewalk cut to fail to provide safety devices and/or barriers as provided in Section 306. B. It shall be unlawful and an offense for any person, firm or corporation having provided safety devices and/or barriers pursuant to Section 306 herein, to fail to use reasonable diligence to keep such safety devices and/or barriers in place and in good repair. C. It shall be unlawful and an offense for any person, firm or corporation to remove, break, overturn, deface or destroy any safety devices and/or barriers surrounding any paving cuts or paving cuts and sidewalk cuts except for the Director of Public Works or anyone authorized in writing to do so by the Director of Public Works. D. Any person, firm or corporation violating the provisions of this section shall be guilty of an offense and, upon conviction thereof, be punished by imprisonment in the City Jail for a period of not more than ninety (90) days and/or by a fine of not more than FIVE HUNDRED DOLLARS ($500.00), excluding costs.

14 Ch. 3, Pg. 1 Title 35 - Streets and Sidewalks Supp. 8 (1/1/01) CHAPTER 4 CONSTRUCTION OF PRIVATELY FINANCED PUBLIC IMPROVEMENTS Section 400. Section 401. Section 402. Section 403. Section 404. Section 405. Section 406. Section 407. Section 408. Section 409. Section 410. Exhibit A. Exhibit B. Exhibit C. Exhibit D. SECTION 400. Definitions. Permit Required. Application. Developer's Contract and Security. Contractor's Bond and Insurance. Construction of Public Improvements. Acceptance. Permit Procedure. Permit Fees. Duration and Revocation of Permits. Remedies. Developer Performance and Payment Bond. Escrow Account Agreement. Irrevocable Commercial Letter of Credit. Indemnity Agreement. DEFINITIONS A. Applicant shall mean any person, firm, corporation, or political subdivision (as defined herein) desiring to construct, reconstruct, replace or alter any street, alley, curb, gutter, ditch, drainage way, channel, detention facility, storm sewer or other similar public improvement or appurtenances thereto, or sanitary sewers and water mains located or to be located on real property owned in fee simple by the City of Tulsa or upon easements or rights-of-way owned or otherwise controlled by the City of Tulsa. B. Director of Public Works, as referred to herein, shall be as defined in Title 11, Subsection 100.B of the Tulsa Revised Ordinances. C. Contractor shall mean the person, firm, or corporation engaged in any aspect of the construction of public improvements. D. Developer shall mean the owner, or agent of the owner, of the land having the right to order the construction of public improvements. E. Developer's Contract shall mean the agreement between the developer and the City of Tulsa providing for the developer's assurances that the developer will deposit with the City Clerk one of the documents set forth in Section 403 below, prior to a contractor commencing work on a public improvement. F. Escrow Account shall mean an irrevocable account opened by the developer with a federally insured financial institution that sets aside the full cost of all public improvements set forth in the applicant's written application. Funds from this account are to be remitted to the contractor for work performed on the public improvement that is set forth in the urban engineering contract.

15 Ch. 3, Pg. 2 Title 35 - Streets and Sidewalks Supp. 8 (1/1/01) G. Indemnity Agreement shall mean a collateral contract or assurance by which a political subdivision engages to secure the City of Tulsa from any and all liability for costs associated with any construction contract entered into for construction of, or improvement to, Public Improvements as defined herein. H. Irrevocable Letter of Credit shall mean a credit agreement whereby a federally insured institution agrees to pay the contractor in the event the developer defaults upon his financial obligation owing the contractor for the construction of public improvements. I. Political Subdivision shall mean a municipality, school district, county, or public trust with a city, town, school district or county as its sole beneficiary or beneficiaries, and all their institutions, instrumentalities or agencies. J. Public Improvements shall mean the construction, reconstruction, replacement or alteration of any street, alley, curb, gutter, ditch, drainage way, channel, detention facility, storm sewer or other similar public works thereto, including sedimentation and erosion control measures, or sanitary sewers and water mains located or to be located upon land owned in fee simple by the City of Tulsa or upon easements or rights-of-way owned or controlled by the City of Tulsa. K. Urban Engineering Contract shall mean a contract between the City of Tulsa and a consulting engineer employed by the developer for the design of privately financed public improvements. It shall contain the project plans, profiles and specifications approved by the Director of Public Works which are in accordance with the specifications generally applicable to City of Tulsa public improvement contracts at the time the permit is issued. Ord. Nos , SECTION 401. PERMIT REQUIRED Any applicant desiring to construct, reconstruct, replace or alter any street, alley, curb, gutter, ditch, drainage way, channel, detention facility, storm sewer or other similar public improvement or appurtenances thereto, or sanitary sewers and water mains located or to be located upon real property owned in fee simple by the City of Tulsa, or upon easements or rights-of-way owned or otherwise controlled by the City of Tulsa, shall first obtain a permit from the Director of Public Works authorizing such work. Ord. No SECTION 402. APPLICATION Any applicant seeking a permit under this chapter shall make written application to the Director of Public Works which application shall contain the name and address of the applicant and a description of the nature, location, estimated total cost and the number of calendar days required for completion of the work. In addition, the applicant shall provide the name and address of the developer and a signed and executed developer's contract between the developer and the City. The application shall be signed by the applicant or his agent or officer. SECTION 403. DEVELOPER'S CONTRACT AND SECURITY

16 Ch. 3, Pg. 3 Title 35 - Streets and Sidewalks Supp. 8 (1/1/01) The developer shall sign and execute a developer's contract providing assurances that, prior to the contractor's commencing work on a public improvement, the developer shall deposit with the City Clerk one of the following for each contractor commencing work on a public improvement: A. A copy of a performance and payment bond, in the form set forth as "Exhibit A" herein, naming the contractor as the obligee thereof, executed by a surety acceptable to the City and authorized to do business in the state of Oklahoma, in a sum equal to one hundred percent (100%) of the estimated cost of the work to be done by the contractor and any subcontractors to be hired by the contractor, together with a letter from the contractor confirming that the contractor has received the original bond; B. A copy of an escrow account, in the form set forth as "Exhibit B" herein, executed by the developer, contractor and a federally insured financial institution acceptable to the City, providing for the escrow of a sum equal to one hundred percent (100%) of the estimated cost of the work to be done by the contractor and any subcontractors to be hired by the contractor, together with a letter from the financial institution confirming that such sum has actually been placed in escrow; or C. A copy of an irrevocable letter of credit, in the form set forth as "Exhibit C" herein, in favor of the contractor in an amount equal to one hundred percent (100%) of the estimated cost of the work to be done by the contractor and any subcontractors to be hired by the contractor, together with a letter from the contractor confirming that the contractor has received the letter of credit; and D. When the developer is a political subdivision as defined herein and the public improvement applied for is a fully funded public improvement, the Director of the Public Works Department may authorize the developer to provide an indemnity agreement, in the form set forth as "Exhibit D," executed by the developer, together with a letter from the contractor, confirming that the contractor has received a copy of the indemnity agreement and agrees to hold the City of Tulsa harmless from all payments due for services performed by the contractor for the developer. If the Director of the Public Works Department refuses to allow a developer which is a political subdivision to provide an indemnity agreement as its financial assurance, the developer may file a written protest with the Clerk of the City Council within ten (10) days of the date of denial of the indemnity agreement by the Public Works Director. Ord. No SECTION 404. CONTRACTOR'S BOND AND INSURANCE The contractor shall obtain and maintain during the duration of the permit or extensions thereof, the bonds and insurance coverage of the types and amounts specified herein. A. Performance Bond. The contractor shall file with the City Clerk a performance bond, in form acceptable to the City and executed by a surety acceptable to the City and authorized to do business in the state of Oklahoma, in a sum equal to one hundred percent (100%) of the estimated cost of the work and naming the City as the obligee thereof. B. Statutory Labor and Materialman Payment Bond. The contractor shall also file with the City Clerk a statutory labor and materialman payment bond, executed by a surety acceptable to the City and authorized to do business in the state of Oklahoma, in a sum equal to one hundred percent (100%) of the estimated cost of the work and naming the state of Oklahoma and the City of Tulsa as the obligee thereof.

17 Ch. 3, Pg. 4 Title 35 - Streets and Sidewalks Supp. 8 (1/1/01) C. Maintenance Bond. The contractor shall also file with the City Clerk a maintenance bond, in form acceptable to the City and executed by a surety acceptable to the City and authorized to do business in the state of Oklahoma, in a sum equal to one hundred percent (100%) of the estimated cost of the work, naming the City as the obligee thereof, and guaranteeing all work and materials incorporated in the improvements by the permittee for a period of one (1) year from and after the final acceptance and approval thereof by the City. D. Workmen's Compensation Insurance. As prescribed by the laws of the state of Oklahoma, the contractor shall provide and require the subcontractor to similarly provide workmen's compensation insurance for all employees, unless such employees are covered by the protection afforded by the permittee's insurance coverage. E. Public Liability Insurance. The contractor shall procure and maintain during the duration of the permit or any extension thereof contractor's public liability insurance in an amount not less than One Hundred Thousand Dollars ($100,000.00) for injuries (including accidental death) sustained by any one (1) person in a single accident or occurrence, and in an amount not less than One Million Dollars ($1,000,000.00) for injuries sustained by two (2) or more persons in a single accident or occurrence and Contractor's Property Damage Insurance in an amount not less than One Hundred Thousand Dollars ($100,000.00). F. Owner's Protection Liability Insurance. The contractor shall also furnish an owner's protective liability policy in the amount specified in Subsection E, above, with the City of Tulsa as the named insured, issued by the same insurance company as the contractor's liability carrier, protecting the City of Tulsa against any and all actions, claims, judgments or demands arising out of or on account of injuries of whatever kind and character sustained by any person or persons on account of the construction of such work as may be performed by the contractor pursuant to the permit issued by the Director of Public Works. G. Insurance Certificates. The contractor shall furnish the City, prior to issuance of the permit, an original and duplicate certificates of insurance which shall indicate the types of insurance carried and the amounts thereof. The contractor shall also provide the City with two (2) copies of the policy of insurance issued by the contractor's insurance carrier. H. Notice of Cancellation. All insurance policies and certificates shall contain clauses stating that the policies cannot be canceled by the insurer without the insurer's giving the City ten (10) days' prior written notice of cancellation. Cancellation of a required insurance policy shall automatically revoke the permit and all work by the permittee shall thereupon immediately terminate. Ord. No SECTION 405. CONSTRUCTION OF PUBLIC IMPROVEMENTS A. All public improvements constructed under authority of the permit issued by the City pursuant to the provisions of this chapter shall be constructed in strict accordance with the project plans, profiles and specifications approved by the Director of Public Works, and in accordance with the specifications generally applicable to City of Tulsa public improvement construction contracts at the time the permit is issued. These project plans, profiles and specifications shall be contained in the Urban Engineering Agreement between the City of Tulsa and the consulting engineer to the developer. When work not specified in the urban engineering contract is necessary, whether as a result of plan deficiencies or of encountering unforeseen site conditions, the

18 Ch. 3, Pg. 5 Title 35 - Streets and Sidewalks Supp. 8 (1/1/01) developer or his agent shall submit proposed changes to the urban engineering contract for review by the Director of Public Works; and, if the Director of Public Works approves the changes, they shall be submitted to the Mayor for his approval. Whereupon, the developer shall instruct the contractor to construct the improvements in accordance with modified urban engineering contract approved by the Director of Public Works and the Mayor. B. In no event shall a contractor commence work until the developer has filed the required financial assurances set forth in Section 403 with the City Clerk to cover one hundred percent (100%) of the construction costs of public improvements. It is the duty of the contractor, prior to beginning work on a public improvement, to satisfy itself that the necessary financial assurance for payment is in place; otherwise, the contractor performs the work at his own risk. SECTION 406. ACCEPTANCE It shall be the duty of the Director of Public Works to determine when the work or any portion of the work on an authorized public improvement is completed and to recommend its acceptance to the Mayor. No work or any portion of the work shall be considered finally accepted until it is completed and formally accepted by the City after the final inspection is made by the Director of Public Works. Failure or neglect on the part of the Director of Public Works, or any other agent or employee of the City, to condemn or reject inferior work or material shall not be construed to imply acceptance of any such work or materials if such inferior work or material may become evident at any time prior to final acceptance of the City or prior to the expiration of the maintenance bond thereon. SECTION 407. PERMIT PROCEDURE A. A permit shall be issued to the applicant authorizing the construction of the proposed public improvements only after: 1. Approval of the application; 2. Approval, within the preceding two (2) years, by the Director of Public Works and the Mayor of the plans, profiles, and specifications contained in the urban engineering contract; 3. Approval of the required contractor's bonds, insurance policies, and certificates; 4. Approval of the developer's contract; 5. The filing of the developer's financial assurance with the City Clerk; and 6. The tendering of the permit fee required herein. 7. Where the proposed public improvement involves the replacement of the surface and/or base of any roadway, the tendering and acceptance by the Public Works Director of a Class A General Certificate of Contractor Prequalification acquired pursuant to Title 11, Tulsa Revised Ordinances, Chapter 11. B. The permit shall state the name of the person, firm, or corporation to whom it is issued; the name of the developer for whom the project is being constructed; a description of the improvements

19 Ch. 3, Pg. 6 Title 35 - Streets and Sidewalks Supp. 8 (1/1/01) authorized; the location of the improvements authorized; the length of time in calendar days the permit shall remain in effect; and that its issuance and validity are conditioned upon the acceptance of and compliance with the provisions of this chapter. At all times during the duration of the permit, a copy of the permit shall be posted in a conspicuous public place on or near the location of the work. Ord. No SECTION 408. PERMIT FEES Before any permit shall be issued, the applicant shall pay to the City of Tulsa a fee of Thirty Dollars ($30.00) for each calendar day for which the permit is issued. SECTION 409. DURATION AND REVOCATION OF PERMITS Permits shall be issued for a specified number of calendar days and shall automatically terminate at the expiration of the time shown upon the face of the permit, unless the work has been completed and accepted by the City prior to that time. Acceptance of the work before the expiration of the permit shall entitle the permittee to a prorated refund of the paid permit fee. Should the permittee for good cause shown fail to complete the improvement within the time specified, the permittee may apply in writing to the Director of Public Works for an extension of the permit for such additional time as may be reasonably necessary to complete the work. Any application for an extension of time in which to complete the work authorized by the original permit shall be accompanied by properly executed documents issued by the surety and/or financial institution who issued the performance, statutory payment, and maintenance bonds and the developer's payment bond, letter of credit or escrow account required for issuance of the original permit, affirmatively indicating the surety's and/or the financial institution's acceptance of an extension of time for the completion of the work by the permittee. Before any permit authorizing any additional time beyond the time authorized in the original permit is issued, the applicant shall pay a fee equal to the fee required for an original permit of equal duration. SECTION 410. REMEDIES Should the applicant or its surety and/or financial institution fail or refuse to complete the improvements authorized pursuant to a permit or an extension thereof issued under the provisions of this chapter, or fail to repair or replace any defective materials or work incorporated in the improvements during the period of the maintenance bond covering the same, the City may at its election immediately institute legal proceedings against the permittee and its surety and/or financial institution to recover the estimated cost of completing, repairing or replacing such improvements. In the alternative, the City may complete, repair or replace the improvements and then institute legal proceedings to recover the cost thereof from the permittee and its surety and/or financial institution. Ord. No

20 Ch. 4, Ex. A, Pg. 1 Title 35 - Streets and Sidewalks (1/1/1997) EXHIBIT A DEVELOPER PERFORMANCE AND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WE,, as Principal, and the undersigned Surety, a corporation organized and existing under and by virtue of the laws of the state of, and duly authorized to transact business in the state(s) of as Surety, are held and firmly bound to as Obligee, in the sum of $ lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That WHEREAS, the Obligee entered into a certain contract with Principal for the furnishing of labor, plant, materials and equipment and the construction of in accordance with the plans, schedules, drawings, specifications and addenda provided for in said contract; a copy of which may be attached hereto, and which is hereby referred to and made a part hereof; WHEREAS, the written contract between the Principal and the Obligee permits the parties to make alterations, changes and extensions of the type of work to be performed thereunder; NOW, THEREFORE, if the Principal shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of said contract, and if the Principal shall well and truly pay all indebtedness incurred for all labor, third party services, subcontractor services, materials furnished, rentals of equipment, machinery or tools, repairs to or parts for machinery or equipment used in the performance of the above contract and alterations, changes and extensions thereof that may be granted by the Principal, with or without notice to Surety, and fuels consumed in the operation of such machinery or equipment used in the performance of the above contract; and if said Principal shall hold harmless and indemnify Obligee and its Surety upon its performance and payment bond against all loss, cost and expense by reason of failure of the Principal to faithfully and promptly perform the said contract or to promptly pay all persons furnishing the items set forth above; then this obligation shall be void, otherwise to remain in full force and effect.

21 Ch. 4, Ex. A, Pg. 2 Title 35 - Streets and Sidewalks (1/1/1997) EXHIBIT A (continued) DEVELOPER PERFORMANCE AND PAYMENT BOND PROVIDED, HOWEVER, that this bond is executed on the following conditions and provisions: The Principal and Surety hereby jointly agree with the Obligee that any claimant, as hereinafter defined, who has not been paid may sue on this bond for the use of such claimant in the name of the Obligee; provided, however, the claimant shall have given written notice by registered mail to the Principal, Surety and Obligee within ninety (90) days after the completion of the work contracted for between the Obligee and the owner as described above and the acceptance of such work by the said owner. A suit or action brought by any claimant, other than the Obligee, must be commenced within one year following the date on which the Principal ceased work on the contract with the Obligee. For the purpose of this paragraph, a claimant is defined as one having a direct contact with the Obligee or with a subcontractor of the Obligee for labor, third party services, material, rental of equipment, machinery or tools, repairs to or parts for machinery or equipment used in the performance of the above contract or fuel for the operation of machinery or equipment used in the performance of the above contract. IN WITNESS WHEREOF, the seal and signature of the said Principal is hereto affixed and the corporate seal and name of the said Surety is hereto affixed and attested by its duly authorized attorney-in-fact at, this day of, A.D.. PRINCIPAL (SEAL) ATTEST: By: Its: SURETY By: Its: (SEAL) ATTEST:

22 Ch. 4, Ex. A, Pg. 1 Title 35 - Streets and Sidewalks (1/1/1997) EXHIBIT B ESCROW ACCOUNT AGREEMENT THE AGREEMENT made and entered into this day of, A.D., between, hereinafter called "Owner,", hereinafter called "Contractor," and, hereinafter called "Escrow Agent." WITNESSETH: WHEREAS, Owner and Contractor have heretofore entered into a construction contract, pursuant to which Contractor has agreed to perform certain works as more particularly described in said contract dated, a copy of which is attached hereto and made a part hereof, and the terms and conditions of which include the obligation of Owner to give adequate assurance of payment for the work to be performed by Contractor as and when due and payable, in accordance with Article of said contract; and WHEREAS, under applicable ordinances and rules and regulations of the City of Tulsa governing the construction of privately financed public improvements, Contractor is obligated to furnish financial assurances guaranteeing completion of the entire work without regard to the source of funds with which to pay the Contractor for said work; and WHEREAS, the parties desire to execute an escrow agreement in lieu of furnishing a payment bond as permitted in said contract: NOW, THEREFORE, it is hereby agreed as follows: 1. Escrow Fund. The Escrow Agent hereby accepts and acknowledges receipt of the sum of $, hereinafter referred to as the "Escrow Fund" which shall be held by said Escrow Agent subject to the instructions hereinafter set forth for the period of time not to exceed months from the date of this agreement, or until completion of the construction provided for in the above-described construction contract between Owner and Contractor, whichever first occurs. 2. Disposition of Escrow Fund. Said funds shall be held by said Escrow Agent in an account and apart from any other funds of either the Owner or Contractor and with or without interest accruing thereon, at the option of Escrow Agent. Escrow Agent shall, from time to time, disburse from said Escrow Fund to Contractor the amounts of periodic estimates certified by, Consulting Engineers, as being due and payable to Contractor, pursuant to the terms of payment provisions of said contract between Owner and Contractor. Upon receipt of a certificate from said Consulting Engineers duly signed by any one of the individuals designated below, and opposite their sample signature, the Escrow Agent shall promptly pay out of said Escrow Fund to Contractor the amount shown in said certificate to be due. Upon receipt of a verified copy of the acceptance of the construction work under the above-described contract by the City of Tulsa, any funds remaining undistributed shall be redelivered and distributed to Owner. If the term of this escrow as above set forth has expired and such certificate of completion has not been received, Escrow Agent shall continue to hold said fund subject to receipt of such certificate of acceptance, and