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
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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
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STP-STIM(507)IG STIMULUS PROJECT AGREEMENT JOBPIECE 27383(04)
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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,
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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.
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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:
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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.
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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."
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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
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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.
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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.
The CITY on this 6 th day of Apr i 1 ~ 2010 , and
the DEPARTMENT on the day of ,
APPROVED AS TO FORM City of OWASS
AND LEGALITY
Qat~4 46,~
City ttorney Mayor
O F fl~,`.,c
ATTEST:
~ oFrIcrnL
SEAL
ity Clerk eal
Okf.ANOOP
STATE OF OKLAHOMA
DEPARTMENT OF TRANSPORTATION
Recommended for Approval
Local Government Director of Capital Programs
Division Manager
APPROVED AS TO FORM APPROVED:
AND LEGALITY
General Counsel Deputy DirectorlChief Engineer
9
STP-STIM(507)IG STIMULUS PROJECT AGREEMENT JQBPIECE 27383(04)
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