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HomeMy WebLinkAbout2010 03_Project Agreement_2010.04.06 CITY OF OWASSO, OKLAHOMA RESOLUTION NO. 2010-03 A RESOLUTION AUTHORIZING THE EXECUTION OF A PROJECT AGREEEMENT FOR FEDERAL AID PROJECT NUMBER STP-STIM (507) IG 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 project Agreement for Federal-aid Project Number STP-STIM (507) IG by and between the City of Owasso and the Oklahoma Department of Transportation, described as: Intersection Modification and Traffic Signals Owasso ARRA: East 86t" Street North and Garnett Road. NOW, THEREFORE, BE IT RESOLVED that the Mayor is authorized and directed to execute the above described agreement on behalf of the City of Owasso. ADOP E is ay o April, 2010. c~~{ Ot= s Stephen taudella, Mayor orrTr. r:+,t .J - ~ City of Owasso, Oklahoma ~E~ ATTEST: SSherry Bi op, Ci APPROVED AS TO FORM: ~Ow~ ~aa,t Ju ie Lombardi, City Attorney MEMORANDUM APPRUVED BY COU14CIi. TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO APR 0 6 2010 FROM: STEVEN F. ALBERT, P.E., CFM CITY ENGINEER SUBJECT: RESOLUTION NO. 2010-03, AUTHORIZING INTERSECTION MODIFICATIONS AND TItAFFIC SIGNALS - OWASSO ARRA: EAST 86TH STREET NORTH AT GARNETT ROAD DATE: Apri12, 2010 REQUEST FOR ACTION: The staff is requesting City Council approval of Resolution No. 2010-03, authorizing the Mayor to execute an agreement between the City of Owasso and the Oklahoma Department of Transportation (ODOT) for the administration of the E. 86`h Street North and N. Garnett Road Intersection Modification Project. BACKGROUND: The City of Owasso is the recipient of funds in the total amount of $339,360 for improvements to be made to the intersection of East 86t" Street North and Garnett Road. The amount of $317,255 will be distributed through the American Recovery and Reinvestment Act (ARRA) and the remaining $22,105 distributed through the Federal-aid Surface Transportation program (STP). The project will be administered by ODOT in conjunction with INCOG. Planning for the improvements began with development of a concept plan as a project of the Public Works Engineering Division in 2009, which was subsequently approved for funding by the Oklahoma Department of Transportation (ODOT). Improvements include the following items: • Addition of a 140 foot long right-turn lane from westbound 86t" Street to northbound Garnett • Addition of a 120 foot long right-turn lane from northbound US Hwy 169 Frontage Road to eastbound 86t" Street • Addition of a 120 foot long left-turn lane from northbound US Hwy 169 Frontage Road to westbound 86`h Street • Revising the lane markings for southbound Garnett to provide for dedicated dual-left turn lanes to eastbound 86"' Street and converting the westernmost southbound lane to a straight and right-turn lane combination In December, 2009 the City entered into an Agreeinent for Engineering Services with Tri-State Engineering for the preliminary and final design of the improvement project. The design has been reviewed by ODOT and is now in the final stages of their approval process. PROJECT SCHEDULE: The acquisition of right-of-way or significant utility relocation costs are not anticipated. Pending City Council approval of the requested Project Agreement, ODOT will initiate bidding of the project and award a contract, after which construction would commence in approximately 90 days. The staff anticipates the improvements could be completed by November, 2010. PROJECT AGREEMENT: The Project Agreement incorporates responsibilities of the governmental entities who are parties to the improvement project. Key provisions of the Project Agreement (Attachment B) are as follows: • The City of Owasso is responsible for preparing engineering plans for the project. The city contracted with Tri-State Engineering to complete this work. • The City of Owasso is responsible for maintenance of the completed project including street and sidewalk pavement, curbs, drainage systems, traffic signals, street lighting and striping. • Based upon previous authorization from INCOG, ARRA funding shall be used to provide for 99% of the awarded contract construction costs in an amount not to exceed $317,255. • Federal-aid Surface Transportation Program funds (STP) allocated to INCOG will be used to finance the remaining 1% of the construction costs and 100% of the ODOT contract administration costs for an estimated total of $22,105. • The total project cost, including construction and ODOT contract administration fees, is estimated to be $339,360. If the accepted construction bid exceeds the funding limit authorized by the ARRA, the City is responsible for excess costs. However, staff expects that project bids will come in under limit. The plans include alternative items which may be removed to reduce costs if the bids come in above the funding limits. FUNDING: The project is funded through the American Recovery and Reinvestment Act (ARRA) under terms of an Agreement between ODOT, in partnership with INCOG, and the Federal Highway Administration. RECOMMENDATION: Staff recommends City Council approval of Resolution No. 2010-03, authorizing the execution of a Project Agreement for Federal Aid Project Number STP-STIM (507) IG by and between the City of Owasso and the Oklahoma Department of Transportation, for the purpose of intersection and traffic signal modifications at the East 861h Street North and Garnett Road Intersection. ATTACHMENTS: A. Preliminary Plan of Intersection B. Project Agreement C. Resoltition 2010-03 < h W ~ t~ ~ Jt i t~.L.1 V ~ . . . 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Y ~ u f w ~ ~r c. ~ . o . x ~ T m 1 ~ . . . c. _ ~ ~ . ~ _ . ~ ~ . r" --.tt .<i ~ , ~ STP-STIM(507)IG STIMULUS PROJECT AGREEMENT JOBPIECE 27383(04) pp- i i PROJECT AGREEMENT This Agreement made the day and year last written below, by and between the Oklahoma Department of Transportation, hereinafter referred to as the DEPARTMENT, and the City of OWASSO, hereinafter referred to as the CITY, which may be referred to collectively as the PARTIES for the following intents and purposes and subject to the following terms and conditions, to wit: WITNESSETH: Whereas, the DEPARTMENT is charged under the law 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 and in partnership with the Indian Nations Council of Governments (INCOG) , responsible for the management and construction of American Recoverv and Reinvestment Act (ARRA) projects within the State of Oklahoma; and, Whereas, the CITY has been identified as the beneficiary and sub-recipient of such a federally funded project; and, Whereas, receipt of the benefits of this project will require that the CITY assume certain financial responsibilities; and, Whereas, the CITY is a municipal corporation and a charter city created and existing under the constitution and laws of Oklahoma; and, Whereas, the laws and constitution of the State of Oklahoma impose fiscal restrictions on the CITY and its ability to insure financial obligations; and, Whereas, the PARTIES hereto recognize those financial 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, 1 STP-STIM(507)IG STIMULUS PROJECT AGREEMENT JOBPIECE 27383(04) 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, the DEPARTMENT and the CITY do agree as follows: 1) The CITY requested that certain street improvements be approved by the Oklahoma Transportation Commission as were previously programmed by the CITY and designated as Federal-aid Project STP -STIM (507) IG, State Job Number 27383(04) and which consist of actual improvements as follows: INTERSECTION MODIFICATION AND TRAFFIC SIGNALS OWASSO ARRA: EAST 86TH STREET NORTH AT GARNETT ROAD 2) The CITY has prepared or caused 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 a part of this Agreement. 3) The CITY agrees that the furnished plans are, at a minimum, in conformance with the Oklahoma Department of Transportation 1999 Standard Specification for Highway Construction. 4) The CITY agrees that the CITY is responsible for furnishing all right-of-way for this federal- aid project, free and clear of all obstructions and encroachments; and that the CITY shall at its sole expense maintain the project after construction. 5) The CITY agrees to the location of the subject project and acknowledges receipt of and adopts the plans for said project as the official plans of the CITY far the streets, boulevards, arterial highways and/or other improvements contained therein; and further the CITY affirmatively states that it has fully and completely examined these plans and does hereby warrant to the DEPARTMENT the CITY's complete satisfaction with these plans, and the fitness of the plans to construct the aforesaid project. 6) The CITY certifies that the project design plans comply, and the project when completed will comply, with the requirements of the Americans with Disabilities Act (ADA) of 1990 (42 USC 12101 - 12213), 49 CFR parts 27, 37 and 38 and 28 CFR parts 35 and 36. The CITY shall be exclusively responsible for integrated ADA compliance planning for all city 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 city shall be included in the CITY's comprehensive compliance plans. 2 STP-STIM(507)IG STIMULUS PROJECT AGREEMENT JOBPIECE 27383(04) 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 USGS topographic map contained in the plans constitute the storm water management plan far 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 CONSTRUCTION ACTIVITY LTNDER THE OPDES General Permit with the Oklahoma Department of Environmental Quality 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 (S WPPP). 8) The CITY agrees to prohibit parking on that portion of the project within the corporate limits of the CITY, except as may be indicated in the plans or hereafter approved by agreement with the DEPARTMENT. The CITY 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). 9) The CITY further agrees and warrants to the DEPARTMENT that subsequent to the construction of said project, the CITY will: a) Erect, maintain and operate traffic control devices, including signals, signs and pavement markings only in accordance with 47 O.S. 1991 Section 15-104, 15-105 and 15-106, and subject to the Agreement of the DEPARTMENT: i) 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 CITY to any point other than that which is approved by the DEPARTMENT prior to such removal. ii) In the event there is no mutually agreed location for reinstallation, the CITY 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: 3 STP-STIM(507)IG STIMULUS PROJECT AGREEMENT JOBPIECE 27383(04) (1) the CITY desires total ownership of the equipment, the CITY shall reimburse the DEPARTMENT the original Federal funding percentage share of the original equipment costs only, amortized for a ten (10) year service life, interest ignored, and assuming straight line depreciation. (2) the CITY does not desire total ownership of the equipment, the CITY shall sell the equipment at public auction to the highest bidder. The CITY 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 and to make no changes in the provisions thereof without the approval of the DEPARTMENT. It shall be the responsibility of the CITY to notify the DEPARTMENT of any changes necessary to insure 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 insure 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 periodic mowing of vegetation in a manner consistent with applicable codes, ordinances and regulations. f) Make ample provision annually for proper maintenance of items heretofore delineated as the responsibility of the CITY, 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 construction. 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. 10) The CITY further agrees and warrants to the DEPARTMENT concerning sign and highway facility lighting that: a) The CITY 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. 4 STP-STIM(507)IG STIMULUS PROJECT AGREEMENT JOBPIECE 27383(04) b) Upon completion of the construction of said project by the DEPARTMENT, the CITY 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 herein 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 CITY. d) The CITY agrees to provide, on a periodic schedule, an inspection, cleaning and a re- lamping maintenance program to assure the maximum efficiency of the highway lighting facilities. e) In the event that 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 CITY to any point other than that which is approved by the DEPARTMENT prior to such removal. f) In the event there is no mutually agreed location for reinstallation, the CITY 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 (20) years old, and: (1) the CITY desires total ownership of the equipment, the CITY 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) the CITY does not desire total ownership of the equipment, the CITY shall sell the equipment at public auction to the highest bidder. The CITY shall reimburse the DEPARTMENT the original Federal funding percentage share of the proceeds of such sale. 11) The CITY agrees, affirms and warrants to the DEPARTMENT that the CITY 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 CITY agrees to 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, of Secretary of Transportation, Part 21 -"Nondiscrimination in federally assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act 1964." 5 STP-STIM(507)IG STIMULUS PROJECT AGREEMENT JOBPIECE 27383(04) 13} The CITY 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} The DEPARTMENT and the CITY mutually recagnize that each party is a governmental entity subject to the provisions of the Governmental Tort Claims Act (51 O.S. 1991 § 151 et seq.). The DEPARTMENT and the 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, praying for damages or otherwise, arising from any negligent act or omission of any of their respective employees, agents or contractors 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. 15) Based on a total estimated construction and contract administration cost of $339,360, the CITY agrees that local funds shall be used to provide 100% of any construction costs determined to be ineligible for federal participation (estimated at $0) and 100% percent of the participating project costs exceeding the funding limits provided by federal American Recovery and Reinvestment Act funds (ARRA) or federal Surface Transportation Program funds (STP) (estimated at $0). The CITY's total obligation is presently estimated at S0. Any amount due shall be deposited with the DEPARTMENT prior to advertisement for bids. CITY funding is detailed in Appendix A. 16) The DEPARTMENT, based on authorization from INCOG, agrees that federal American Recoverv and Reinvestment Act funds (ARRA) shall be used to provide a fixed, not to exceed amount, based on a maximum of 99% of the eligible awarded contract amount, currently estimated at $317,255. Federal-aid Surface Trans ortation Pro ram funds (STP) allocated to INCOG shall be provided to finance the balance of eligible construction costs, estimated at $3,205, and 100% of eligible contract administration costs, estimated at $18,900. Total STP funds are estimated at $22,105. Federal funding is detailed in Appendix A. 17) It is understood by the CITY and the DEPARTMENT that the funding participation stipulated herein may be altered due to bid prices, construction supervision costs, and non- participating costs incurred during construction. Upon final acceptance of this project, the 6 STP-STIM(507)IG STIMULUS PROJECT AGREEMENT JOBPIECE 27383(04) amount of Federal funds and the amount previously deposited by the CITY will be deducted from the total cost and a refund will be made by the DEPARTMENT to the CITY or additional funding will be requested from the CITY. 18) It is understood by the CITY that no State funds are to be utilized in any phase or aspect of this project. Only CITY and Federal funds are to be utilized. 19) Upon approval of this Agreement and the plans, specifications, and estimates by the DEPARTMENT and 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, regulations, orders and approvals as may be applicable hereto. 20) The DEPARTMENT agrees to construct said project in strict accordance with the plans furnished and approved by the CITY, provided that upon consultation with and agreement by the CITY, 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 CITY shall have inspectors on the project site as the CITY determines necessary to insure construction of the project to the satisfaction of the CITY and shall have representatives available for consultation with the DEPARTMENT's representatives in order to cooperate fully to the end of obtaining work strictly in accardance with the CITY's approved plans and specifications. 21) The CITY agrees that the CITY will participate in the review, evaluation, and resolution of contractar claims where the contractor may allege delay, differing site conditions or any other basis for recovery of contract damages due to the failure of the CITY to accomplish timely utility relocation, site conditions which are not as represented on the plans or plan errors impacting on project constructability ("contractor claims"). a) If early resolution of a contractor claim is not possible the CITY will participate and facilitate the defense of any formal contractor claim submitted before the American Arbitration Association or any other such alternative dispute resolution body. If mediation is unsuccessful the CITY will join with the Department in the defense of the action and as a party defendant will defend with the Department any action brought by the contractor in the District Court alleging breach of contract for delay, change of site conditions or any other basis for recovery of contract damages. 7 STP-STIM(507)IG STIMULUS PROJECT AGREEMENT JOBPIECE 27383(04) b) In any instance where a contractor claim is settled for an agreed amount after the negotiation of the parties or mediation the CITY will pay participant share of the settlement amount and established by the participation agreement likewise, the CITY will pay it's proportionate share of awards by judgment of the District Court to include costs and attorney fees for the prevailing party, if awarded. 22) Failure by the CITY to fulfill its responsibilities under this Agreement will disqualify the CITY 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. 23) It is further specifically agreed and understood between the CITY and the DEPARTMENT that the project will be built in accordance with the plans and specifications, and upon final acceptance by the CITY and the DEPARTMENT of this project, the CITY does hereby accept full, complete and total responsibility far the maintenance of this project as provided in this Agreement. The CITY does not waive any rights against any contractor(s) with respect to defects, hidden or otherwise, in materials or workmanship. The CITY 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. 24) The Secretary of the DEPARTMENT may terminate the contract 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 an order is primarily caused by the acts or omissions of persons or agencies other than the contractor. d) The Secretary determines that such termination is in the best interest of the State. 8 STP-STIM(507)IG STIMULUS PROJECT AGREEMENT JOBPIECE 27383(04) IN WITNESS WHEREOF, the Director of the Department of Transportation, pursuant to authority vested in him by the State Transportation Commission, has hereunto subscribed his name as Director of the Department of Transportation and the CITY has executed same pursuant to authority prescribed by law for the CITY. 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