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CONTRACT NO. K-1213-183: A RIGHT-OF-WAY, PUBLIC UTILITY, AND ENCROACHMENT AGREEMENT BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND THE OKLAHOMA DEPARTMENT OF TRANSPORTATION (ODOT) FOR FEDERAL-AID PROJECT NO. STP-214C (011)AG, STATE JOB NO. 29261(04) FOR THE CONSTRUCTION OF CEDAR LANE ROAD FROM 12TH AVENUE S.E. TO ONE-HALF MIILE EAST OF 24TH AVENUE S.E. AND RESOLUTION NO. R-1213-118.
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BACKGROUND: On February 8, 2011, City Council approved engineering services Contract K-1011-135 with Cardinal Engineering Incorporated for the design of the Cedar Lane Road Widening Project. The Cedar Lane Road Widening Project involves the construction of a new four-lane roadway that will include on-street five-foot bike lanes. The project will also include improvements to 12th Avenue S.E. and 24th Avenue S.E. as they approach Cedar Lane Road, improve the BNSF railroad crossing and resurface U.S. Highway 77 on the north and south sides of Cedar Lane Road. Signalization of the 12th Avenue S.E. and Cedar Lane Road intersection will also help relieve traffic congestion at peak travel times during the day.
On November 22, 2011, the Norman City Council approved programming Resolution R-1112-60 requesting federal funds to widen Cedar Lane Road. This resolution states the City’s commitment to adhere to the terms and conditions of a federally funded project including engineering design, acquisition of all necessary rights-of-way and relocation of utilities and encroachments at 100% the City’s cost. In return, the Association of Central Oklahoma Governments (ACOG), through the Oklahoma Department of Transportation (ODOT), agrees to provide 80% of the construction costs estimated at $6,231,280, and administration of the construction with the matching share from the City of Norman.
On August 28, 2012, the citizens of Norman voted in favor of a bond issue to finance the local share of eight transportation/storm water improvement projects. Please see Attachment A for the list of the bond projects with their estimated costs. Attachment B is a map of the bond projects. One of the eight 2012 bond projects is the Cedar Lane Road Widening Project. Attachment C is a map showing the project boundaries.
DISCUSSION: Prior to purchasing right-of-way and relocating utilities, ODOT requires the City of Norman to enter into the above mentioned agreement. The agreement stipulates that the City will acquire all right-of-way required for the project, grant ODOT access to and the use of the right-of-way for this project, remove all encroachments and to indemnify and hold ODOT harmless.
Current right-of-way is the statutory 66 feet of width which is common on rural, undeveloped corridors. There is inadequate right-of-way width to construct the proposed road section. As a result, the City will be required to purchase additional right-of-way to provide the typical urban standard, or 100 feet of width. Right-of-way plans have been approved by ODOT and the City is required to approve the attached agreement. The resolution and agreement have been prepared by ODOT and they need four (4) approved copies for their execution. Both the resolution and the agreement have been reviewed by staff.
This agreement allows the City to start the right-of-way and easement procurement process. The City will make fair market value offers to property owners to acquire all necessary rights-of-way and easements.
This project is currently on schedule to acquire all rights-of-way and complete relocation of all utilities that are in conflict with the proposed improvements by August 31, 2013 to secure a bid opening date for the project in February 2014. Federal funding for this project is currently included in the federal FYE 2014 budget. Cedar Lane Road will be the first of the eight 2012 Bond Projects to be constructed as promised to Norman voters prior to the August 2012 Bond Election.
RECOMMENDATION NO.1: Staff recommends approval of Contract K-1213-183 with the Oklahoma Department of Transportation (ODOT).
RECOMMENDATION NO. 2: Staff further recommends approval of Resolution 1213-118 adopting Contract K-1213-183, and if approved, authorize the execution thereof.