HomeMy WebLinkAbout2015 24_ODOT_2015.12.01OWASSO CITY COUNCIL
RESOLUTION 2015 -24
A RESOLUTION AUTHORIZING THE EXECUTION OF A RIGHT -OF -WAY, PUBLIC
UTILITY AND ENCROACHMENT AGREEMENT FOR FEDERAL AID PROJECT J3-
0742(004) IG, JOB PIECE NUMBER 30742(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 by and between the City of Owasso and
the Oklahoma Department of Transportation for Federal -aid Project J3- 0742(004) IG, Job
Piece Number 30742(04) described as: Garnett Widening - East 96th Street North to East
106th Street North in accordance with the terms and tenor of 69 O.S. 2001, Sections 1205,
1206, 1401 and 1403.
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.
APPROVED AND ADOPTED this 1st day of December, 2015, by the City Council of
the City of Owasso, Oklahoma.
J ri oberly, Mayor
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SEAL
SEAL
Attest: �K(_AHpFnP �+
Sherry Bishq , City Clerk
Approved As To Form:
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Juli ombardi, City Attorney
AG City-LPA 02 -22 -08 revised.fnn
RIGHT -OF -WAY, PUBLIC UTILITY
AND ENCROACHMENT AGREEMENT
Population 28,975
This Agreement made and entered into this ,� day ofLte . , 20 1!5, 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'Rf the System within
the corporate limits of the City, now designated as Garnett Rd from 961h Street N.
to 106th Street N., under plans and specifications for J3- 0742(004)IG, Job No. 30742(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.
Page 1 of 7
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:
(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 its 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 Pennit 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:
Page 3 of 7
(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.
(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.
(d) Maintain all that part of said project within the corporate limits of the
City between the gutter lines and the right -of -way lines, and if no
gutter exists, between the shoulder lines and the right -of -way lines,
including storm sewers, all underground facilities, curbs and
mowing, all in accordance with 69 O.S. Supp. 1994 §901 and all
other applicable law.
(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.
Page 4 of 7
(a) Transmit copies of the instruments, including all deeds and
easements, to the Department prior to the advertisement of bids for
construction.
(b) Comply with the provisions of 42 U.S.C.A. § 4601 -4655 and 23
U.S.C.A. § 323 (as amended) 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 6 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 st day of I)eQej'4le./- , 20;,- and the State on the _ day of
ATTEST: CITY OF OWASSO
City Cler STJAL
A HO'N1
REVIEWED AND APPROVED AS TO
FORM AND LEGALITY
Chief, Legal Division (ODOT)
ayor
STATE OF OKLAHOMA
DEPARTMENT OF
TRANSPORTATION
Chief, Right -of -Way Division (ODOT)
Page 6 of 7
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The Gity Wit out Limits.
TO:
FROM:
SUBJECT:
DATE:
BACKGROUND:
Honorable Mayor and City Council
City of Owasso
Roger Stevens
Public Works Director
APPROVED BY COUNCIL
DEC 0 1 2015
Resolution 2015 -24
ODOT Agreement - Garnett Road Widening (E 961h St N to E 106th St N)
November 24, 2015
Garnett Road from E 96", St N to E 10611, St N is currently the heaviest traveled two -lane roadway
segment in Owasso. Traffic counts in this area were tabulated at 14,800 and 15,411 vehicles /day
in 2012 and 2013, respectively. The road, once on the highway system, accommodates heavy
residential traffic, commercial uses, and hospital traffic. For these reasons, the Owasso Capital
Improvements Committee listed the widening of Garnett from E 961h St N to E 1061h St N as one of
the highest priorities among potential capital improvements projects.
In October 2012, the City of Owasso contracted with Dewberry Engineers, Inc., to perform the
engineering for the Garnett Widening project. Currently, the engineering design is approximately
80% compete with environmental study recently approved by ODOT and FHWA.
In November 2013, INCOG Board of Directors approved $3.2 million of federal funds to be
allocated to this specific project for the construction phase in the year 2017 or sooner if funding
is available. In order to secure this funding, approval of a resolution is required authorizing the
execution of the agreement with ODOT, "Right -of -Way, Public Utility and Encroachment
Agreement."
RIGHT -OF -WAY, PUBLIC UTILITY AND ENCROACHMENT AGREEMENT:
This Agreement outlines all responsibilities of the City of Owasso and ODOT with regards to Right -
of -Way (ROW) before, during and after construction. Regarding the project ROW, the
Agreement provides that the City will:
• Grant right of access to ODOT and its contractors,
• Remove all encroachments,
• Prohibit parking,
• Comply with driveway standards,
• Acquire and maintain all ROW,
• Be responsible for relocating all utilities, and
• Locate, construct and maintain for the duration of the Project any necessary detours.
RECOMMENDATION:
Staff recommends approval of Resolution 20015 -24 authorizing the Mayor to execute the Right -
of -Way, Public Utility and Encroachment Agreement between the Oklahoma Department of
Transportation and the City of Owasso for the Garnett Road Widening from E 961h St N to E 1061h
St N.
ATTACHMENTS:
Resolution 2015 -24
Oklahoma Department of Transportation - Right -of -Way, Public Utility, and Encroachment
Agreement
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