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CONTRACT NO. K-1314-117: A MAINTENANCE AGREEMENT BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, BURLINGTON NORTHERN SANTA FE (BNSF) RAILWAY COMPANY, AND THE OKLAHOMA DEPARTMENT OF TRANSPORTATION FOR THE CEDAR LANE ROAD WIDENING PROJECT NO. STP-214©(011)AG, JOB NO. 29261(04).
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BACKGROUND: The Cedar Lane Road Widening Project involves the construction of a new four-lane roadway that will include five foot bike lines on each side of the road. The project will also include improvements to 12th Avenue SE and 24th Avenue SE 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 SE and Cedar Lane Road intersection will also help relieve traffic congestion at peak travel times during the day.
On February 8, 2011, City Council approved engineering services Contract No. K-1011-135 with Cardinal Engineering Inc. for the design of the Cedar Lane Road Widening Project for $350,630 or 3.5% of the total estimated project cost.
On November 22, 2011, the Norman City Council approved programming Resolution No. 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 cost 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. One of the eight 2012 bond projects is the Cedar Lane Road Widening Project. See the attached location map showing the project boundaries.
On April 23, 2013, City Council approved Contract No. K-1213-183, a Right-of-Way and Utility Agreement with the Oklahoma Department of Transportation, for the construction of the Cedar Lane Road Widening Project. This agreement requires the City to acquire right-of-way and relocate utilities for this project. Currently, all right-of-way has been acquired and utility relocation is approximately 80% complete.
DISCUSSION: This project agreement between the BNSF Railway, the City and ODOT is required in order to clarify each party’s responsibilities during the construction of the Cedar Lane Road Widening Project. Cedar Lane Road crosses the BNSF railroad tracks approximately 600 feet west of US Highway 77 or Classen Boulevard. This agreement provides railroad crossing safety systems and smooth driving surfaces at the crossing. The estimated cost of the railroad construction is $542,878.00. The funding for this work is a part of the ODOT project agreement.
The BNSF’s responsibilities are listed below:
1. Install a 112 foot concrete crossing surface.
2. Install four pedestal mounted warning signals.
3. Provide railway flagging and inspection of all railroad work.
4. Provide the City a drainage easement on the railroad right-of-way.
5. Commence work as soon as possible after receiving notice from ODOT.
ODOT’s responsibilities are listed below:
1. Construct all railroad work according to the plans.
2. Sample and test all materials used in its portion of the work and reject all materials that do not confirm to the governing specifications.
3. Keep competent inspectors on the project.
4. ODOT’s contractor must sign Railways General Construction Agreement and attend a safety orientation.
5. Hold a pre-construction meeting prior to the start of any work on railway property.
6. Reimburse the railway for construction expenses.
The Cities responsibilities are listed below:
1. Maintain the drainage easement.
2. City must reimburse BNSF for costs of maintenance to the drainage easement performed by the BNSF.
3. Fund the City’s 20% portion of the project.
RECOMMENDATION: Staff recommends approval of Contract No. K-1314-117, a Project Agreement with the BNSF Railway Company, City of Norman and the Oklahoma Department of Transportation for the Cedar Lane Road Widening Project. Oklahoma Department of Transportation Project No. STP-214C(011)AG, Job No. 29261(04)