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HomeMy WebLinkAbout2022 04_STP Application ODOT 116 St N to E 126 St NCITY OF OWASSO, OKLAHOMA RESOLUTION NO. 2022 -04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, AUTHORIZING AN APPLICATION FOR FUNDING BETWEEN THE CITY OF OWASSO AND THE OKLAHOMA DEPARTMENT OF TRANSPORTATION FOR THE NORTH GARNETT, EAST 116th STREET NORTH to EAST 126th STREET NORTH ROAD RESURFACING PROJECT WHEREAS, Surface Transportation Program Urbanized Area funds have been made available for transportation improvements within the Tulsa Transportation Management Area; and WHEREAS, The City of Owasso has selected a project described as follows: NORTH GARNETT, EAST 116th STREET NORTH to EAST 126th STREET NORTH ROAD RESURFACING PROJECT; and WHEREAS, the selected project is consistent with the local comprehensive plan, including applicable Major Street and Highway Plan Element, and the Regional Transportation Plan; and WHEREAS, the engineer's preliminary estimate of cost is $802,200, and Federal participation under the terms of the Surface Transportation Block Grant Program Urbanized Area funds are hereby requested for funding of 73 percent of the project cost ($588,280); and WHEREAS, the City of Owasso proposes to utilize the 1/2 Penny Sales Tax Fund and the Capital Improvements Fund for the balance of the project costs; and WHEREAS, the City of Owasso agrees to provide for satisfactory maintenance after completion, and to furnish the necessary right -of -way clear and unobstructed; and WHEREAS, the City of Owasso has required matching funds available and further agrees to deposit with the Oklahoma Department of Transportation said matching funds within the time frame as required by the ODOT. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, that, to -wit: The Indian Nations Council of Governments is hereby requested to program this project into the Transportation Improvement Program for the Tulsa Transportation Management Area, should the project be selected for funding; and That upon inclusion in the Transportation Improvement Program, the Oklahoma Transportation Commission is hereby requested to concur in the programming and selection of this project and to submit the same to the Federal Highway Administration for its approval. The Mayor is authorized to execute the application on behalf of the City of Owasso. PASSED AND of April, 2022. Bil Bush, ATTEST: Juffbnn M. Stevens, Ci lerk APPROVED AS TO FORM: City Attorney North Garnett Road 5TP Project V = 1200 n Project Location Map 03/27/2022 This map may re resents a visual display of related geographic information. Data provided here on is not guarantee of acutual field conditions. To be sure of complete accuracy. please rontact the responsible staft for most up-to-date information. RESOLUTION NO. 2022 -06 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF OWASSO, OKLAHOMA: WHEREAS, it is in the best interest of the City of OWASSO, Oklahoma, to execute that certain project agreement for Job Piece Number 27073(04), by and between the City of OWASSO and the Oklahoma Department of Transportation; NOW THEREFORE, it is hereby resolved that the Mayor is hereby authorized and directed to execute the above described agreement on behalf of the City of Owasso, and duly signed by the Mayor on this 5th day of April, 2022. CITY OF OWASSO Approved as to form and legality this 19th day of April, 2022. Julie Lg bardi, Ci y Attorney STATE OF OKLAHOMA DEPARTMENT OF TRANSPORTATION PROJECT AGREEMENT NO. 27073(04) US -169: OVER 76TH STREET (SH -135), 8.7 MILES NORTH OF 1 -44 THIS AGREEMENT, made the day and year last written below, by and among the City of OWASSO, hereinafter referred to as the CITY and the Department of Transportation of the State of Oklahoma, hereinafter referred to as the DEPARTMENT, for the following intents and purposes and subject to the following terms and conditions, to wit: WITNESSETH: WHEREAS, the DEPARTMENT is charged under the laws of the State of Oklahoma with the construction and maintenance of state highways and bridges; and, WHEREAS, the DEPARTMENT, as part of its responsibilities for the construction and maintenance of state highways and bridges, must cooperate with the local entities of government to allow the location, construction and maintenance of mutual use facilities pursuant to Title 69 OS §304; and WHEREAS, receipt of the benefits of this project will require that the CITY assume certain financial obligations; and, WHEREAS, the CITY is a municipal corporation and charter city created and existing under the Constitution and laws of Oklahoma; and, WHEREAS, the Constitution and laws of the State of Oklahoma impose fiscal limitations on the CITY and its ability to agree to financial obligations; and, WHEREAS, the parties hereto recognize those fiscal limitations and agree that the financial obligations assumed by the CITY 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 Oklahoma Constitution Article 10, Section 26, the payment of CITY funds in the future will be limited to appropriations and available revenues in the then - current CITY fiscal year; NOW THEREFORE, subject to the limitations herein before described and the limitations of applicable Oklahoma law, the DEPARTMENT and the CITY, in consideration of the mutual covenants and stipulations as set forth herein, do mutually promise and agree as follows: SECTION 1: PROJECT AGREEMENT 1.1 The DEPARTMENT will request approval from the Transportation Commission for participation in the project that consists of additional signal improvements and signal upgrades, along with powder coat items and aesthetics. 1.2 The DEPARTMENT will recommend approval of the project by the Federal Highway Administration (FHWA). 1.3 The CITY shall by resolution, duly authorize the execution of this agreement by proper officials and attach copies of such resolution to this agreement. 1.4 The CITY shall each comply with Title VI of the Civil Rights Act of 1964, 78 O.S. § 252.42, U.S.C. §2000d -et seq., and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Part 21 - "Nondiscrimination in federally assisted Programs of the Department of Transportation- effectuation of Title VI of the Civil Rights Act 1964." 1.5 The DEPARTMENT and the CITY mutually recognize that each party is a governmental entity subject to the provisions of the Governmental Tort Claims Act (51 O.S. § 151 et seq.). The DEPARTMENT and CITY hereby mutually agree that each is and may be held severally liable for any and all claims, demands, and suits in law or equity, of any nature whatsoever, paying for damages or otherwise, arising from any negligent act or omission of any of their respective employees, agents or officers which may occur during the prosecution or performance of this agreement to the extent provided in the Governmental Tort Claims Act. Each party agrees to severally bear all costs of investigation and defense of claims arising under the Governmental Tort Claims Act and any judgments which may be rendered in such cause to the limits provided by law. Nothing in this section shall be interpreted or construed to waive any legal defense which may be available to a party or any exemption, limitation or exception which may be provided by the Governmental Tort Claims Act. SECTION 2: ENGINEERING RESPONSIBILITIES 2.1 The DEPARTMENT shall provide professional engineering services for the development of the Plans, Specifications and Estimates (PS &E). 2.1.1 The design and plans shall be subject to review and approval by CITY and shall conform to current State and AASHTO policies and standards, as modified by the DEPARTMENT. 2.2 To the extent permitted by law, all data prepared under this agreement shall be made available to the DEPARTMENT without restriction or limitation on their further use, with exception of any documents or information that would be considered attorney /client privileged. 2.3 The DEPARTMENT will conduct the environmental studies and prepare the National Environmental Protection Act documents as required. 2.4 The DEPARTMENT will forward the environmental documents to FHWA for approval. SECTION 3: LAND ACQUISITION AND UTILITY RELOCATION 3.1 The DEPARTMENT warrants that, they have or will acquire all land, property, or rights -of -way in their respective jurisdictions needed for complete implementation of said project, free and clear of all obstructions and encumbrances and in full accordance with the DEPARTMENT's guidelines for Right -of -Way Acquisition on Federal -Aid Projects, the Uniform Relocation Act, the National Environmental Protection Act and all other applicable local, state and federal regulations. 3.2 In exchange for the consideration provided from and through the DEPARTMENT, the CITY shall convey title to the State of Oklahoma on all tracts of land acquired in the name of the respective city on the State or Federal Highway System (if any) in accordance with Oklahoma Administrative Code Title 730, Chapter 20, Section 730:20 -1 -2. SECTION 4: CONSTRUCTION RESPONSIBILITIES 4.1 Upon approval of this agreement and the plans, specifications, and estimates by the Federal Highway Administration, the DEPARTMENT will advertise and let the contract for this project in the usual and customary manner. It is agreed that the projects herein contemplated are proposed to be financed as described in this agreement, and that this agreement, all plans, specifications, estimate of costs, acceptance of work, payments, and procedure in general hereunder are subject in all things at all times to all Federal laws, regulations, orders and approvals as may be applicable hereto. 4.2 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. 4.3 Upon completion of the project, the new roadway will be maintained by the appropriate jurisdiction in accordance with the Oklahoma Transportation Commission Policy. SECTION 5: CONSTRUCTION FUNDING