1|ENGROSSED SENATE AMENDMENT | | TO | 2|ENGROSSED HOUSE | |BILL NO. 1472 By: Sanders, Murphey, | 3| Hickman and Walker of the | | House | 4| | | and | 5| | | Schulz and Marlatt of the | 6| Senate | | | 7| | | | 8| | | | 9| | | An Act relating to roads, bridges and ferries; | 10| amending 69 O.S. 2001, Section 662, as amended by | | Section 3, Chapter 157, O.S.L. 2006 (69 O.S. Supp. | 11| 2008, Section 662), which relates to county bridge | | improvement; increasing certain account reimbursement | 12| limits; providing an effective date; and declaring an | | emergency. | 13| | |AMENDMENT NO. 1. Page 1, strike the title, enacting clause | 14| and entire bill and insert | | | 15| "An Act relating to roads, bridges and ferries; | | amending 69 O.S. 2001, Sections 662, as amended by | 16| Section 3, Chapter 157, O.S.L. 2006 and 689 (69 O.S. | | Supp. 2008, Section 662), which relate to county | 17| bridge improvement; modifying entities allowed to | | award certain approved projects; increasing certain | 18| account reimbursement limits; providing an effective | | date; and declaring an emergency. | 19| | | | 20| | | | 21|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 22| SECTION 1. AMENDATORY 69 O.S. 2001, Section 662, as | | | 23|amended by Section 3, Chapter 157, O.S.L. 2006 (69 O.S. Supp. 2008, | | | 24|Section 662), is amended to read as follows: | | | arsid4718761 ENGR. S. A. TO ENGR. H. B. NO. 1472 Page 1 ___________________________________________________________________________
1| Section 662. A. The program and funds shall be administered by | | | 2|the Oklahoma Department of Transportation under a minimum of | | | 3|policies, guidelines and engineering design standards. Approved | | | 4|projects will be awarded to contractors by the State Transportation | | | 5|Commissionor, by other federal or state agencies or by circuit | | | 6|engineering districts or boards of county commissioners pursuant to | | | 7|following the minimum guidelines set forth in subsections C, D and F | | | 8|of this section, under their normal competitive bidding procedures, | | | 9|excluding prequalification of bidders. Force account road projects | | | 10|may be approved for a county by the Transportation Commission. No | | | 11|force account county bridge project shall be reimbursed in excess of | | | 12|Two Hundred Thousand Dollars ($200,000.00)Four Hundred Thousand | | | 13|Dollars ($400,000.00). No county road project in excess ofTwo| | | 14|Hundred Thousand Dollars ($200,000.00)Four Hundred Thousand Dollars | | | 15|($400,000.00), excluding the cost for engineering, right-of-way | | | 16|acquisition, and utility relocation, in cost shall be done by the | | | 17|force account method. | | | 18| B. Funds available for the County Bridge and Road Improvement | | | 19|Act shall not be subject to fiscal year limitations and shall be | | | 20|available for encumbrance and expenditure purposes for a period of | | | 21|thirty (30) months from the effective date such funds are | | | 22|appropriated. | | | 23| C. In order to receive reimbursement for constructing a force | | | 24|account bridge, a county shall have sufficient funds in the County | | | arsid4718761 ENGR. S. A. TO ENGR. H. B. NO. 1472 Page 2 ___________________________________________________________________________
1|Bridge and Road Improvement Fund to pay the reimbursement request | | | 2|cost. Upon completion of a force account bridge, the board of | | | 3|county commissioners shall request an inspection of the bridge in | | | 4|accordance with the criteria set forth by the National Bridge | | | 5|Inventory Program. | | | 6| D. When the force account bridge has been inspected and | | | 7|achieves a load rating of H. twenty (20) tons or greater, the board | | | 8|of county commissioners may submit a request for reimbursement to | | | 9|the Department of Transportation. The county shall receive | | | 10|reimbursement for all costs claimed relating to the construction of | | | 11|the bridge provided the inspection report indicates that the county | | | 12|has met or exceeded the criteria set forth in this section. The | | | 13|resolution for reimbursement submitted by the board of county | | | 14|commissioners shall serve to satisfy the requirements of Section | | | 15|41.16 of Title 62 of the Oklahoma Statutes. County force account | | | 16|bridges eligible for reimbursement from the County Bridge and Road | | | 17|Improvement Fund shall meet or exceed the following criteria: | | | 18| 1. The bridge has been built according to the current edition | | | 19|of the County Bridge Standards manual or from field notes drawn by a | | | 20|registered professional engineer that provide the basic structural | | | 21|requirements to achieve a load rating of H. twenty (20) tons or | | | 22|greater. Field notes may be handwritten specifications or sketches | | | 23|which have been stamped or signed; | | | 24| | | | arsid4718761 ENGR. S. A. TO ENGR. H. B. NO. 1472 Page 3 ___________________________________________________________________________
1| 2. The finished bridge shall achieve a twenty-ton or greater | | | 2|rating. The rating criteria shall be determined by the National | | | 3|Bridge Inventory and approved by the Department of Transportation | | | 4|for bridges twenty (20) feet or more in length; | | | 5| 3. The subsurface foundation of the bridge shall meet the | | | 6|minimum guidelines established by using approved engineering | | | 7|methods, details of which shall be kept as shop notes; | | | 8| 4. The finished bridge shall have a minimum roadway width of | | | 9|twenty-four (24) feet; and | | | 10| 5. Materials used in the construction of the bridge shall meet | | | 11|or exceed the specifications for materials as specified in the | | | 12|current edition of the County Bridge Standards or certified in | | | 13|writing by the engineer or supplier. | | | 14| E. Monies from the County Bridge and Road Improvement Fund may | | | 15|be used to establish minimum standards for guardrail applications on | | | 16|low-traffic-volume county roads. The board of directors of the | | | 17|association representing the county commissioners of Oklahoma may | | | 18|request the development of guardrail standards for bridges on | | | 19|low-traffic-volume county roads, as defined in the county road | | | 20|standard manual, the cost of which shall be paid from monies from | | | 21|the County Bridge and Road Improvement Fund. | | | 22| F. Prior to construction of the bridge, a county may request | | | 23|that construction supervision be provided by the Circuit Engineering | | | 24| | | | arsid4718761 ENGR. S. A. TO ENGR. H. B. NO. 1472 Page 4 ___________________________________________________________________________
1|District of which the county is a member to ensure quality control | | | 2|and quality assurance. | | | 3| SECTION 2. AMENDATORY 69 O.S. 2001, Section 689, is | | | 4|amended to read as follows: | | | 5| Section 689. A. The program and funds pursuant to the County | | | 6|Bridge and Road Improvement Act shall be administered by the | | | 7|Oklahoma Department of Transportation under a minimum of policies | | | 8|and guidelines in accordance with appropriate design and | | | 9|construction engineering standards. Approved projects will be | | | 10|awarded to contractors by the State Transportation Commissionor, by | | | 11|other federal or state agencies or by circuit engineering districts | | | 12|or boards of county commissioners pursuant to following the minimum | | | 13|guidelines set forth in subsections C, D and F of Section 662 of | | | 14|this title, under their normal competitive bidding procedures. | | | 15|However, force account projects may be awarded to a county based | | | 16|upon agreed unit prices, if deemed to be in the best public | | | 17|interest. | | | 18| B. The Department is hereby directed, in cooperation with the | | | 19|Association of County Commissioners of Oklahoma, to cause to be | | | 20|developed appropriate local road design standards for use in | | | 21|constructing projects pursuant to this program. The standards, upon | | | 22|their adoption by the Transportation Commission and by those | | | 23|counties wishing to participate in this program, shall be used for | | | 24|the design and construction of all projects funded pursuant to this | | | arsid4718761 ENGR. S. A. TO ENGR. H. B. NO. 1472 Page 5 ___________________________________________________________________________
1|program. However, when funds available pursuant to this program are | | | 2|used to match federal funds, projects shall meet appropriate minimum | | | 3|design standards for local roads and other applicable federal | | | 4|requirements. All plans and specifications for federal-aid projects | | | 5|shall be subject to the approval of the Department. To every extent | | | 6|possible, negotiations with the Federal Highway Administration | | | 7|should be undertaken to allow application of the County Road | | | 8|Guidelines Design Manual. | | | 9| C. Plans, surveys, and engineering shall be the responsibility | | | 10|of the county in which the project is located and may be paid for by | | | 11|the Department of Transportation on a contractual basis from program | | | 12|funds accruing to that county. Only registered professional | | | 13|engineers, approved by the Department of Transportation, experienced | | | 14|in the design and construction of highway and related facilities, | | | 15|shall be used for such services. Where funds available pursuant to | | | 16|this program are used to match federal funds, the engineer shall be | | | 17|subject to approval by the Department of Transportation. On those | | | 18|projects where no federal funds are involved, the Department of | | | 19|Transportation shall make every effort to develop simplified | | | 20|procedures designed to expedite the efforts of the county to advance | | | 21|the project to contract letting. The Field Division engineer of the | | | 22|Department of Transportation or an appropriate designee shall be | | | 23|responsible for providing such guidance and assistance as may be | | | 24|requested by the county in the development of the project. The | | | arsid4718761 ENGR. S. A. TO ENGR. H. B. NO. 1472 Page 6 ___________________________________________________________________________
1|Field Division engineer shall be notified in advance by the county's | | | 2|engineer of all field "plan-in-hand" inspections involving the | | | 3|project and shall be granted access to the project and all related | | | 4|records and documents during all phases of the project design and | | | 5|construction. Construction engineering on all projects shall be the | | | 6|responsibility of the Department of Transportation. In specific | | | 7|instances where, in the opinion of the Department of Transportation, | | | 8|the public interest would be best served, the county's engineer may | | | 9|be authorized to perform the construction engineering. | | | 10| D. Upon completion of the construction plans, the county's | | | 11|engineer shall submit the plans to the Department of Transportation | | | 12|accompanied by detailed estimates of the cost of right-of-way, | | | 13|utility relocations and construction of the project and a | | | 14|certification that the project was designed in accordance with the | | | 15|applicable adopted design standards. The Department of | | | 16|Transportation shall review the plans, specifications, and estimates | | | 17|to the extent of assuring their completeness and compliance with the | | | 18|appropriate design criteria. Upon acceptance of the plans, | | | 19|specifications, and estimates by the Department and at such time all | | | 20|right-of-way necessary to construct the project has been acquired by | | | 21|the county and so certified to the Department of Transportation, the | | | 22|project will be scheduled for bid opening by the Transportation | | | 23|Commission. However, no project shall be scheduled for bid opening | | | 24|unless sufficient program funds are available to the account of the | | | arsid4718761 ENGR. S. A. TO ENGR. H. B. NO. 1472 Page 7 ___________________________________________________________________________
1|county in which the project is located to adequately finance the | | | 2|project construction. Prior to award of the contract by the | | | 3|Transportation Commission, the county shall be given the option of | | | 4|accepting or rejecting the bid submitted by the successful bidder. | | | 5| SECTION 3. This act shall become effective July 1, 2009. | | | 6| SECTION 4. It being immediately necessary for the preservation | | | 7|of the public peace, health and safety, an emergency is hereby | | | 8|declared to exist, by reason whereof this act shall take effect and | | | 9|be in full force from and after its passage and approval." | | | 10| Passed the Senate the 8th day of April, 2009. | | | 11| | | | 12| | | Presiding Officer of the Senate | 13| | | | 14| Passed the House of Representatives the ____ day of __________, | | | 15|2009. | | | 16| | | | 17| | | Presiding Officer of the House | 18| of Representatives | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | arsid4718761 ENGR. S. A. TO ENGR. H. B. NO. 1472 Page 8©2008-09 eCapitol, LLC. All rights reserved.
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