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Board tables decision after surprise ODOT invoice adds nearly $459,000 in inspection costs
Summary
City staff described an unexpected ODOT invoice tied to a third‑party level‑2 inspection for the Danforth & Kelly project; members pressed for legal review and additional documentation and voted to table both the budget-change recommendation and the invoice approval pending clarification.
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Staff told the board they received a late invoice from the Oklahoma Department of Transportation tied to the Danforth & Kelly intersection project and that ODOT had added a level‑2 third‑party construction inspection that staff had not been previously notified of.
"All I've seen is the invoice," said Brad, a city staff member, describing the documentation provided to the city. Staff said the third‑party inspection value is approximately $459,000 and that the invoice arrived roughly 18 months after the work began, creating a timing and budgeting surprise for staff and board members.
Several board members questioned whether ODOT should have signaled a level‑2 inspection earlier and asked what legal remedies exist. "I would really be interested to know what legal has to say about this and what our pushback options are," said a committee member, asking staff to involve the city legal team before the board makes any formal recommendation to city council.
Staff said the budget adjustment under discussion would not yet resolve future change orders and that the previously budgeted $989,000 in FY27 represented a typical 10% allowance for change orders. The board concluded it needed more documentation from ODOT and legal counsel and voted to table both the proposed CIP budget update and the invoice-approval item.
Next steps: staff will seek the audit or supporting documentation from ODOT, involve city legal counsel to assess recourse and return the item to the board when the city has analyzed options and documentation.
