HomeMy WebLinkAbout2019 03_Maintenance and Funding N Garnett_East 96th St to E 106th st_2019.02.05CITY OF OWASSO, OKLAHOMA
RESOLUTION NO. 2019-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, AUTHORIZING THE MAYOR TO EXECUTE THE PROJECT
(MAINTENANCE AND FUNDING) AGREEMENT BETWEEN THE CITY OF
OWASSO AND THE OKLAHOMA DEPARTMENT OF TRANSPORTATION
FOR THE NORTH GARNETT ROAD, FROM EAST 96TH STREET NORTH TO
EAST 106TH STREET NORTH ROAD IMPROVEMENTS
WHEREAS, it is in the best interest of the City of Owasso, Oklahoma, to
execute the Project Agreement for Federal -aid Project Number STP- 272B(258)IG
by and between the City of Owasso and the Oklahoma Department of
Transportation.
NOW, THEREFORE, it is hereby resolved that the Mayor is authorized and
directed to execute the above described agreement on behalf of the City of
Owasso.
ADOPT is 5 "' day of February, 2019.
Chris Kelley, Mayor
ATTEST:
J�lia M. Stevens, City Clerk'
APPROV D AS TO FORM:
Julie 66mbardi, City Attorney
sd
REAL People • REAL Chaneter• REAL Commpniry
TO: The Honorable Mayor and City Council
FROM: H. Dwayne Henderson. P.E.
City Engineer
SUBJECT: Resolution 2019 -03, Funding Agreement North Garnett Road from East 96th Street
North to East 106th Street North Widening Project
DATE: February 1, 2019
BACKGROUND:
In 2013, North Garnett Road, from East 96th Street North to East 106th Street North was approved
by the Indian Nations Council of Governments (INCOG) to receive Surface Transportation
Program (STP) funds to widen the roadway to a five -lane road. The road was also equipped with
extended lanes for multi -modal traffic and landscape medians to direct traffic flow conforming
to the City of Owasso Complete Streets Policy.
Since 2013, the project was designed by Dewberry Engineers, Incorporated and submitted to
the Oklahoma Department of Transportation (ODOT) for review. Environmental reviews were
completed. The needed right -of -way for the project was obtained using the Federal Highway
Administration Guidelines for land acquisition. Once the right -of -way was obtained, AEP /PSO,
Cox, Oklahoma Natural Gas and AT &T relocated their utilities. Dewberry submitted the final plans
and specifications to ODOT for bid preparations. The final project estimate of $9,171,964 was
submitted to ODOT to complete the funding agreement.
ODOT PARTICIPATION:
The STP funds historically have funded 80% of eligible project costs, while the local government
funds 20 %. In 2013, all projects were limited to a maximum of $3,250,000 in federal funds.
Therefore, any project that had an 80% federal funding need that exceeded $3,250,000, the
local match had to increase to make up the difference.
PROPOSED AGREEMENT /RESOLUTION:
In January 2019, ODOT sent an agreement to the City of Owasso with a funding breakdown for
the project. The breakdown is based on the engineer's construction estimate provided by our
consultant. The roadway construction and inspection estimate is $9,171,964. With the federal
match capped at $3,250,000, the following table is a detail of the cost distribution:
Project Segment
Estimate
ODOT Portion
City of Owasso
Roadway Construction
$6,676,621
$2,582,948
$4,093,673
Construction Administration
$833,815
$667,052
$166,763
Public Utility Relocation
1,661,528
$0
$1,661,528
Total Project Cost
$9,171,964
$3,250,000
$5,921,964
The local match estimated to cost $5,921,964 includes a portion of the roadway construction,
public utility relocation of City of Owasso water and sewer lines, as well as landscaping. The
agreement, provided by ODOT, states that the local funds need to be transferred to ODOT
before project letting.
PROPOSED RESOLUTION:
The attached resolution is for the City of Owasso to accept the agreement and responsibility as
the project sponsor. As the project sponsor, the city is ensuring that we have obtained all
funding for the local match and will be responsible for the maintenance of the project once
completed. These funds were set aside in the FY 2018 -2019 budget.
FUNDING:
Funding is available in the Capital Improvements Fund.
RECOMMENDATION:
Staff recommends approval of Resolution 2019 -03, authorizing the Mayor to execute the funding
and maintenance agreement for the North Garnett Road from East 96th Street North to East
106th Street North widening project.
ATTACHMENTS:
Resolution 2019 -03
Site Map
ODOT -City of Owasso Agreement
ODOT Invoice
LOCATION MAP I CITY OF OWASSO
1124/2019
Legend
IN' F,
200 S. Main Street
P.O. Box 180
Owasso, OK 74055
LV ANO IS NOT IIN IJ r;IJ TO
I JSe c>r-n Mq MA,v IswrrPaxJT 918.376.1500
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FF.DERAI. AID tl STP- 272I3(258)IG
,1013 Pit CE it 30742(04)
PROJECT AGREEMENT
BETWEEN
THE OKLAHOMA DEPARTMENT OF TRANSPORTATION
AND
THE CITY OF OWASSO
This Project Agreement ( "Agreement') is made by and between the Oklahoma Department of
Transportation, hereinafter referred to as the "Department', and the City of Owasso,
hereinafter referred to as the "Sponsor," which may be referred to collectively as the
"Parties," for the following intents and purposes and subject to the following terms and conditions, to
Project Type Div.l County 1 1P No Project + Work Type Description
No. [ II
CITY STREET 08 TULSA i 30742(04) STP - GRADE, DRAIN, & OWASSO: GARNETT RD - 96TH ST N TO 106TH ST N
272B ! SURFACE
(258) IG
WITNESSETH
WHEREAS, the Department is charged under the laws of the State of Oklahoma with
construction and maintenance of State Highways; and,
WHEREAS, the Department is, by terms of agreements with the Federal Highway
Administration, responsible for the management and construction of certain federally funded projects
within the corporate limits of cities within the State of Oklahoma; and,
WHEREAS, the Sponsor has been identified as the beneficiary and sub - recipient of such
federally funded project; and,
WHEREAS, receipt of the benefits of this project will require that the Sponsor assume certain
financial responsibilities; and,
WHEREAS, the Sponsor is a municipal corporation created and existing under the constitution
and laws of the State of Oklahoma; and,
WHEREAS, the laws and constitution of the State of Oklahoma impose financial restrictions
on the Sponsor and its ability to ensure financial obligations; and,
WHEREAS, the Parties hereto recognize those financial limitations and agree that the
financial obligations assumed by the Sponsor, by the terms of this Agreement, are enforceable only to
the extent as may be allowed by law or as may be determined by a court of competent jurisdiction;
and,
WHEREAS, it is understood that, by virtue of the Article 10, Section 26 of the Oklahoma
Constitution, the payment of Sponsor funds in the future will be limited to appropriations and available
funds in the then current Sponsor fiscal year.
PF.,DE[UL ,AID f.' STP- 272B(255)[G JOB PIECE- 30742(04)
NOW THEREFORE, subject to the limitations hereinbefore described, the Department and
the Sponsor do agree as follows:
1. The Sponsor requested that certain street improvements be approved by the
Oklahoma Transportation Commission, as were previously programmed by the
Sponsor and described as follows:
Project Type :Div. County (JP NO E.!Project ',Work Type !{ Description
i No. i
CITY STREET 08 j TULSA i 30742(04) ' STP - GRADE, DRAIN, & OWASSO: GARNETT RD - 96TH ST N TO 106TH ST N
272B tt SURFACE
f (258) IG
2. The Sponsor shall prepare, or cause to be prepared, plans for construction of this federal -aid
project and agrees that all construction shall be in conformance with the furnished plans, which
are incorporated with and made part of this Agreement.
3. The Sponsor agrees that the furnished plans at the time of bidding, are at a minimum, in
compliance with the current Oklahoma Department of Transportation Standard Specifications
for Highway Construction.
4. A. The Sponsor shall be responsible for furnishing all right -of -way for this federal -aid
project in compliance with all applicable laws, federal regulations, and guidelines established
by the USDOT's FHWA's Office of Real Estate Services, including 42 USC, Chapter 61 (The
Uniform Act) and 49 CFR Part 24, (Uniform Relocation Assistance and Real Property
Acquisition For Federal and Federally Assisted Programs), as well as applicable State Statutes,
Oklahoma Administrative Codes, and Department Policy; free and clear of all obstructions and
encroachments; and that the Sponsor shall, at its sole expense, maintain the project after
construction.
B. The Sponsor shall keep all permanent right -of -way shown on said plans free from any
encroachment and take timely action to effect the removal of any encroachments upon
notification by the Department, including all necessary legal action when required.
C. The Sponsor shall 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, and comply with these additional requirements:
1. Transmit copies of the instruments, including all deeds and easements, to the
Department prior to the advertisement of bids for construction.
2. 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.
2
FGDFRAL AID # STP- 27213(258)1G 1013 PII:;CE - 30742(04)
3. Convey title to the State of Oklahoma on all tracts of land acquired in the name
of the Sponsor if the project is located on the State Highway System.
D. If the acquisition of right -of -way for this project causes the displacement of any person,
business or non - profit organization, the Sponsor 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 Sponsor agrees to employ a service
provider from the approved list and comply with all applicable rules, regulations, statutes,
policies and procedures of both the United States and the State of Oklahoma. Before any
relocation assistance payments are made, (if applicable), 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.
5. The Sponsor agrees to the location of the subject project and agrees to adopt the final plans for
said project as the official plans of the Sponsor for the streets, boulevards, arterial highways
and /or other improvements contained therein; and further, the Sponsor affirmatively states that
it has or shall fully and completely examine the plans and shall hereby warrant to the
Department, the Sponsor's complete satisfaction with these plans and the fitness of the plans to
construct aforesaid project.
6. A. The Sponsor certifies that the project design plans shall comply, and the project when
completed will comply, with the requirements of the Americans with Disabilities Act (ADA) of
1990 (42 U.S.C. §§ 12101 — 12213), 49 CFR Parts 27, 37 and 38 and 28 CFR parts 35 and 36.
The Sponsor shall be exclusively responsible for integrated ADA compliance planning for all
Sponsor streets, sidewalks and other facilities provided for public administration, use and
accommodation, which is required of recipients and sub - recipients by 49 CFR § 27.11. State
highways continued through corporate limits of the Sponsor shall be included in the Sponsor's
comprehensive compliance plans.
B. The SPONSOR agrees to comply with The Americans with Disabilities Act
Non - Discrimination Clause which is incorporated into this agreement as the attached ADA
Exhibit.
7. The Parties hereto agree to comply with all applicable laws and regulations meeting
Environmental Protection Agency (EPA) requirements for pollution prevention, including
discharges from storm water runoff on this project. The Department shall require the contractor
who may be awarded the project to meet all Oklahoma Department of Environmental Quality
(ODEQ) requirements for storm water runoff on this project. It is agreed that the project plans
and specifications, required schedules for accomplishing the temporary and permanent erosion
control work, the Storm Water Management Plan (SWMP) sheet and appropriate U.S.
Geological Survey (USGS) topographic map contained in the plans constitute the SWMP for
the project described previously in this document. Further, if required, the Department shall
require the contractor to file a Notice of Intent (NOI) for storm water discharges associated with
FEDERAL AID # STP- 27213(258)1G JOBPIECE -? 30742(04)
construction activity under the Oklahoma Pollutant Discharges Elimination System (OPDES) General
Permit with ODEQ, which authorizes the storm water discharges associated with construction activity
from the construction site, and to develop, if required, a Storm Water Pollution Prevention Plan
(SWPPP).
8. The Sponsor agrees that prior to the Department's 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 Sponsor 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.
(c) To prohibit parking on that portion of the project within the corporate limits of the
Sponsor, except as may be indicated in the plans or hereafter approved by agreement with the
Department. The Sponsor further agrees not to install, or permit to be installed, any signs,
signals or markings not in conformance with the standards approved by the Federal Highway
Administration and Manual on Uniform Traffic Control Devices (MUTCD).
(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.
(f) The Sponsor 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.
9. The Sponsor further agrees and warrants to the Department that, subsequent to the construction
of said project, the Sponsor will:
a Erect, maintain and operate traffic control devices, including signals, signs and
pavement markings only in accordance with 47 O.S. 2011 §§ 15 -104- 15 -106, and
subject to agreement of the Department:
1) In the event that any traffic signal installed hereunder is no longer needed for the
purposes designated herein, then the traffic signal installed hereunder shall not
be removed by the Sponsor to any other point other than that which is approved
by the Department prior to such removal.
FEDERAL AID 4 STP- 272B(258)IG JOB PIECE: H 30742(04)
2) In the event there is no mutually agreed location for the reinstallation, the
Sponsor will assume complete ownership of the equipment following removal if
the installation is ten (10) years old or older. If the installation is less than ten
(10) years old and:
a) In the event the Sponsor desires total ownership of the equipment, the
Sponsor shall reimburse the Department the original federal funding
percentage share for the original equipment cost only, amortized for a ten
(10) year service life, interest ignored, and assuming straight line
depreciation.
b) In the event the Sponsor does not desire total ownership of the
equipment, the Sponsor shall sell the equipment at public auction to the
highest bidder. The Sponsor shall reimburse the Department the original
federal funding percentage share of the proceeds of such sale.
b. Subject to agreement with the Department, regulate and control traffic on said project,
including but not limited to, the speed of vehicles, parking, stopping and turns only in
accordance with 47 O.S. 2011 §§ 15 -104- 15 -106, and to make no changes in the
provisions thereof without the approval of the Department. It shall be the responsibility
of the Sponsor to notify the Department of any changes necessary to ensure safety to the
traveling public.
C Maintain all drainage systems and facilities constructed, installed, modified or repaired
in conjunction with this project or as may be otherwise necessary to ensure proper
drainage for road surfaces constructed under the terms of this Agreement.
d Maintain all curbs and driveways abutting road surfaces constructed under the terms of
this Agreement and all sidewalks adjacent thereto.
e Maintain all right -of -way areas adjacent to road surfaces, including erosion control and
period mowing of vegetation, in a manner consistent with applicable codes, ordinances
and regulations.
£ Make ample provision annually for proper maintenance of items heretofore delineated
as the responsibility of the Sponsor, including the provision of competent personnel and
adequate equipment, and specifically, to provide all required special maintenance of the
project during the critical period immediately following constructions.
g 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.
h For any portion of the project encompassed under this agreement that is part of the State
Highway System, the Sponsor shall maintain all that part of said project within the
corporate limits of the Sponsor 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
5
FE=DERAL Alf) r i STP- 272B(258)IU JOB PIECE #. 30742(04)
storm sewers, all underground facilities, curbs and mowing, all in accordance with 69
O.S. Supp. 1994 §901 and all other applicable law.
i On limited access highways where county roads or city streets extend over or under the
highway or public roads are constructed on state rights -of -way but there is no
immediate ingress and egress from the highway, responsibility shall be as follows:
(1) The public roads as defined in OAC 730:35 -1 -2 shall be maintained by the city or
county and shall be included in their roadway mileage inventory.
(2) Where county roads or city streets extend over the highway, the roadway,
approaches and bridge surfaces, including the deck, shall be maintained by the city or
county. The approach guardrail, bridge structure, and highest clearance posting on the
structure shall be maintained by the Department.
(3) Where county roads or city streets extend under the highway, the roadway
approaches and advance signing shall be maintained by the city or county. The
Department shall maintain the approach guardrail, bridge structure and surface, and the
height clearance posting on the structure.
10. The Sponsor further agrees and warrants to the Department concerning any sign and highway
facility lighting included as part of this project:
a. The Sponsor will, upon notice from the Department Engineer, provide at its own
expense all required electrical energy necessary for all preliminary and operational tests
of the highway lighting facilities.
b. Upon completion of the construction of said project, the Sponsor will be responsible for
the maintenance and cost of operation of these highway lighting facilities, including all
appurtenances thereto and including the sign lighting facilities.
C. It is specifically understood and agreed that the highway lighting and sign lighting
facilities specified hereunder shall be continuously operated during the hours of
darkness, between sunset and sunrise, and shall not be altered, removed or be allowed to
cease operation without the mutual written consent of the Department and the Sponsor.
d. The Sponsor agrees to provide, on a periodic schedule, an inspection, cleaning and re-
lamping maintenance program to assure the maximum efficiency of the highway
lighting facilities.
e. In the event that the highway lighting facilities installed hereunder are no longer needed
for the purposes designated herein, then the highway lighting facilities installed
hereunder shall not be removed by the Sponsor to any point other than which is
approved by the Department prior to such removal.
FEDERAL Alf) S7-P- 272B(258)IG JOBPIECEJ -30742(04)
f. In the event there is no mutually agreed location for reinstallation, the Sponsor will
assume complete ownership of the equipment following removal if the installation is
twenty (20) years old or older. If the installation is less than twenty years old and:
1) In the event the Sponsor desires total ownership of the equipment, the Sponsor
shall reimburse the Department the original federal funding percentage share of
the original equipment costs only, amortized for a twenty (20) year service life,
interest ignored, and assuming straight line depreciation.
2) In the event the Sponsor does not desire total ownership of the equipment, the
Sponsor shall sell the equipment at public auction to the highest bidder. The
Sponsor shall reimburse the Department the original federal funding percentage
share of the proceeds of such sale.
11. The Sponsor agrees, affirms and warrants to the Department that the Sponsor will be
responsible, during the period of construction, for any repairs or maintenance to the approved
detour route or any other street which may be required as a result of additional traffic.
12. The Sponsor agrees to comply with Title VI of the Civil Rights Act of 1964, 78 O.S. § 252.42,
42 U.S.C. §§ 200d et seq., and all requirements imposed by or pursuant to 49 CFR, Part 21,
"Nondiscrimination in Federally Assisted Programs of the Department of Transportation —
Effectuation of Title VI of the Civil Rights Act of 1964."
13. The Sponsor agrees that it will, by resolution, duly authorize the execution of this Agreement
by the proper officials and attach copies of such resolution to this Agreement.
14. 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 Sponsor shall indemnify and save harmless the Department,
its 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 Sponsor or the Department
arising from the Sponsor'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 Sponsor Street System within the corporate limits of the
Sponsor. Provided, nothing herein shall require the Sponsor 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 Sponsor. No
liability shall attach to the Department except as expressly provided herein.
7
FEDERAL AID ri STP- 272I3(258)IG JO13 PIECE -7 30742(04)
15. Based on an estimated total construction cost plus construction inspection cost of
Nine - Million- One - Hundred - Seventy- One - Thousand - Nine - Hundred- Sixty- Four - Dollars
($9,171,964), it is agreed the project referenced above will be financed as follows:
- Federal INCOG STP Program funds shall be used to finance the federally
participating construction costs of Three- Million- Two - Hundred- Fifty-Thousand- Dollars
($3,250,000). Federal participation is CAPPED at Three- Million- Two - Hundred- Fifty-
Thousand - Dollars ($3,250,000)
- Sponsor funds provided by the Sponsor shall be provided to finance the balance of
the eligible participating project construction costs, estimated at Four- Million-
Ninety- Four - Thousand - Two - Hundred - Eighty- Three - Dollars ($4,094,283). The SPONSOR
shall also provide 100% of any federally non - participating costs, estimated at One-
Million- Eight - Hundred - Twenty- Seven - Thousand - Six - Hundred - Eighty- One - Dollars
($1,827,681). Total Sponsor funds are currently estimated at Five- Million -Nine-
Hundred- Twenty- One - Thousand -Nine- Hundred -Sixty -Four Dollars ($5,921,964). The
estimated Sponsor funds shall be placed on deposit with the DEPARTMENT upon
execution of this agreement and receipt of the Department's invoice, prior to advertising
the project for bid.
16. a) It is understood by the Sponsor and the Department that the funding participation
stipulated herein may be altered due to bid prices, number of phases selected, construction
supervision costs and federally non - participating costs incurred during construction.
b) The DEPARTMENT, using its own forces or the services of others, will supervise and
inspect all work performed by the construction contractor and will provide such engineering,
inspection and testing services as may be required to ensure that the construction of the project
is accomplished in accordance with the approved PS &E. Actual supervision and inspection
costs shall be charged to the project and financed as described in PARAGRAPH 15 of this
agreement.
c) The Sponsor will be responsible for payment of estimated local funding prior to
advertising the project for bid. Upon final acceptance of this project, the amount of federal
funds and the amount previously deposited by the Sponsor will be deducted from the total cost
and a refund will be made by the Department to the Sponsor or additional funding will be
requested from the Sponsor. The Sponsor agrees to make arrangements for payment of any
Department invoice within 45 days of receipt.
17. It is understood by the Sponsor that only those DEPARTMENT administered funding sources
specified in Paragraph 15 of this agreement shall be made available for the financing of this
project. All other costs are the responsibility of the SPONSOR. No STATE funds are allocated
to this project.
18. Upon approval of this Agreement and the plans, specifications and estimates by the Sponsor,
Department and the Federal Highway Administration, if applicable, the Department shall agree
to advertise and let the contract for this project in the usual and customary legal manner. It is
agreed that the project herein described is proposed to be financed as previously set forth, and
that this Agreement, all plans, specifications, estimates of costs, acceptance of work, payments
and procedures in general hereunder are subject in all things at all times to all federal laws,
8
FEDERAL AM,` STP- 27213(258)IG .1013 PIECE 4i 30742(04)
regulations, orders and approvals as may be applicable hereto.
19. The Department agrees to construct said project in strict accordance with the plans furnished
and approved by the Sponsor, provided that upon consultation with and agreement by the
Sponsor, the Department shall have the right to make such changes in the plans and
specifications as are necessary for the proper construction of the project. The Department shall
provide competent supervision at all times that the work is in progress. The Sponsor shall have
inspectors on the project site as the Sponsor determines necessary to ensure construction of the
project to the satisfaction of the Sponsor and shall have representatives available for
consultation with the Department representatives to cooperate fully to the end of obtaining
work strictly in accordance with the Sponsor's approved plans and specifications.
20. The Sponsor agrees that it will intervene as a party defendant in all actions where a contractor
may allege delay due to failure of the Sponsor to accomplish timely utility relocations, site
conditions which are not represented on the plans or plan errors which impact on project
constructability, whether in the District Court or in an alternative dispute resolution forum, will
defend all such actions and will pay all damages relating to delay as may be assessed by such
court or alternative dispute resolution forum against the Sponsor for its adjudged failure.
21. Failure by the Sponsor to fulfill its responsibilities under this Agreement will disqualify the
Sponsor from future participation in any Federal -aid project. Federal funds are to be withheld
until such time as the deficiencies in regulations have been corrected or the improvements to be
constructed under this Agreement are brought to a satisfactory condition of maintenance.
22. It is further specifically agreed between the Sponsor and the Department that the project will be
built in accordance with the plans and specifications, and upon final acceptance by the Sponsor
and the Department of this project, the Sponsor does hereby accept full, complete and total
responsibility for maintenance of this project as provided in this Agreement. The Sponsor does
not waive any rights against any contractor(s) with respects to defects, hidden or otherwise, in
materials or workmanship. The Sponsor does not, pursuant to this provision or any other
provision in this Agreement, waive its sovereign immunity or any exemption from, exception to or
limitation of liability as provided in the Governmental Tort Claims Act.
23. The Secretary of the Department may terminate this Agreement in whole or, from time to time,
in part whenever:
a. The requisite federal funding becomes unavailable through failure of appropriation or
otherwise.
b. The contractor is prevented from proceeding with the work as a direct result of an
Executive Order of the President with respect to the prosecution of war or in the interest
of national defense or an Executive Order of the President or Governor of the State with
respect to the preservation of energy resources.
C. The contractor is prevented from proceeding with the work by reason of a preliminary,
special or permanent restraining order of a court of competent jurisdiction where the
issuance of such order is primarily caused by the acts or omissions of persons or
4
FEDERAL AID # STP- 272B(258)IG J0 13 PIECE # 30742(04)
agencies other than the contractor.
d. The Secretary determines that such termination is in the best interest of the State.
REMAINDER OF PAGE INTENTIONALLY BLANK
10
FEDERAL AID # STP- 272B(258)IG
JOB PIECE # 30742(04)
IN WITNESS WHEREOF, the Deputy Director of the Department of Transportation, pursuant to
authority vested in him by the State Transportation Commission, has hereunto subscribed his name as
Deputy Director of the Department of Transportation and the Sponsor has executed same pursuant to
authority prescribed by law for the Sponsor. (� If'',
The Sponsor, l bn this�of ` e bLri w� 2014, and the Department on
the day of 2014.
APPROVED AS TO FORM AND
LEGALITY
By (20 N
TY ATTORNEY
Julie Lombardi
B ,kk !
' EST: CITY CLERK
J Juliann M. Stevens
THE CITY OF OWASSO
OL):v
F O Uy� -4`
0
E
Chris Kelley
CITY OF OWASSO
STATE OF OKLAHOMA
DEPARTMENT OF TRANSPORTATION
Recommended for Approval
Local Government Division DATE
Manager
APPROVED AS TO FORM
AND LEGALITY
General Counsel
Director of Capital Programs
APPROVED
TE Deputy Director
DATE
OKLAHOMA DEPARTMENT OF TRANSPORTATION
INVOICE FOR CONSTRUCTION SERVICES
Make check PAYABLE, and MAIL TO: Oklahoma Department of Transportation
Comptroller Division
200 N.E. 21st Street
Oklahoma City, Oklahoma 73105 -3204
To: The City of Owasso
Department Invoice No 30742(04) -1
January 15, 2019
Project Type i Div. i County JP No [ Project Work Type ! Description
No. r
QTY STREET 8 TULSA 30742(04) 1 STP -2728 GRADE, DRAIN OWASSO: GARNETT RD. - 96TH ST N. TO 106TH ST N.
I(258)IG ;SURFACE 1
CONSTRUCTION 1P# 30742(04)
Description — Explanation of Charge
Total
Federal
Sponsor
Due Date: Upon Receipt
Total Estimate for Project Construction including
assumed 10% Construction Management Cost:
$ 9,171,964.00
$ 3,250,000.00
$ 5,921,964.00
Accounting Use Only
Invoice Total
$ 5,921,964.00
Distribution:
City
Remit with Payment
Division Project File
Comptroller Division