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CONTRACT NO. K-1213-30: A MAINTENANCE AGREEMENT BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND THE OKLAHOMA DEPARTMENT OF TRANSPORTATION FOR FEDERAL-AID PROJECT NO. SEC1702Y-114A(191)HP, JOB NO. 09034(05) FOR THE INSTALLATION OF HIGHWAY LIGHTING ALONG I-35 FROM INDIAN HILLS ROAD SOUTH TO MAIN STREET AND ADOPTION OF RESOLUTION NO. R-1213-13.
ACTION NEEDED: Motion to approve or reject Contract No. K-1213-30 with ODOT; and if approved, adopt Resolution No. R-1213-13 and authorize the execution of the contract and resolution.
ACTION TAKEN: ___________________________________
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BACKGROUND: On December 13, 1994, City Council approved Resolution No. R-9495-45 requesting federal funds for the installation of roadway lighting along Interstate 35 from S.H. 9 to the Norman/Moore city limit, including the interchanges of S.H. 9, Lindsey Street, Main Street, Tecumseh Road, U.S. 77 and Indian Hills Road. With this action, Council set in motion a process that ensures there is lighting included in every Interstate 35 reconstruction project within the Norman city limits.
Construction of the lighting improvements called for in the resolution has been and continues to be phased over time. The work has also been coordinated within each of the Interstate 35 reconstruction projects constructed and planned by the Oklahoma Department of Transportation (ODOT). The first phase was addressed when the Tecumseh Road interchange was illuminated in 1998. The second phase, which included the installation of roadway lighting along the median of Interstate 35, from Indian Hills Road to the Norman/Moore City limit, was completed in 2001. The third phase, which included the installation of roadway lighting along the median of Interstate 35 from north of Main Street to the US Highway 77 interchange, was completed in 2010. It is this latest phase that is addressed in the subject maintenance agreement. A map showing the three completed phases is attached for additional information.
City Council approval of a project maintenance agreement and payment of the local share of the project, if applicable, are typically the last pre-construction activities of a federally funded project.
DISCUSSION: ODOT requires the City to execute a project agreement and to adopt it by resolution before letting a project to contract. In the case of this Interstate 35 project, Oklahoma Department of Transportation staff failed to request the City's approval of the agreement before bidding the project. In fact, the project was completed in the summer of 2010, all the improvements accepted by both ODOT and the City, and the City has assumed all maintenance responsibility for the new lighting system.
In order to formalize the City's maintenance responsibility, in accordance with the original resolution adopted by City Council on December 13, 1994, ODOT is requesting that the agreement be retroactively approved.
The agreement addresses the responsibilities of the City and the Department during and after the construction of the project. The execution of three original documents is required. Both the resolution and agreement have been reviewed by staff and approved by the City Attorney.
The City's responsibilities involve only the operation and maintenance of the lighting system. As we have done in the past with other similar projects, the City will defer this responsibility to OG& E under the conditions of our franchise agreement. The annual operating cost for the system is approximately $30,000 per year, which has been budgeted in Account No. 010-5023-429.43-11 (Electricity - Street Lights) since September of 2010.
RECOMMENDATION: Staff recommends approval of Contract No. K-1213-30 and Resolution R-1213-13 with ODOT for the operation and maintenance of the continuous roadway lighting system on Interstate 35, between Main Street and US Highway 77.