Wagoner council approves contractor payments, settles 2024 street project claim

The Wagoner City Council on Jan. 5 approved multiple contractor invoices and a final payment arrangement tied to the 2024 Street Rehabilitation project. Counsel reported the project had experienced delays and had liquidated‑damages language in the contract but recommended waiving pursuit of those damages because showing actual damages in court would be difficult.

Counsel said the final contract payout is $133,599.62. Under the agreement presented to the council, subcontractor Cowboy Asphalt would accept $23,030.83 to resolve its claim and waive further rights, leaving $110,568.79 payable to Glover and Associates. Counsel said the bonding company has reviewed and accepted this approach in writing. "The agreement that we have reached is, that Cowboy Asphalt will accept $23,030.83 and waive any other rights to that," counsel said on the record.

Council members discussed the enforceability of liquidated-damages claims in street projects; one member said it is "extremely difficult to show actual damages" in such cases. The council approved the payment motion and recorded their votes by roll call. The meeting also approved a separate pay application of $531,461.54 from Darris Contractors LLC for the WAG-23-02 wastewater headworks project and an invoice of $36,960 from Infrastructure Solutions Group LLC for ARPA-funded headworks work.

Council also approved a final small invoice of $8,580 from Infrastructure Solutions Group related to the street project and a $600 final invoice for Lincoln Park pickleball courts. The council did not identify additional follow-up reporting requirements in the public record; the payments will be processed per the motion and the written agreements noted during the discussion.

The arrangement preserves payment to the prime contractor while providing a negotiated remedy to a subcontractor and avoids litigation that council staff described as difficult and time‑consuming.