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File #: K-1213-182    Version: 1 Name: ODOT Agmt-I-35/SH9
Type: Contract Status: Passed
File created: 4/4/2013 In control: City Council
On agenda: 4/23/2013 Final action: 4/23/2013
Title: CONTRACT NO. K-1213-182: PROJECT AGREEMENT NO. 09031(11) BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND THE OKLAHOMA DEPARTMENT OF TRANSPORTATION (ODOT) FOR CONSTRUCTION AND RECONSTRUCTION OF THE STORM DRAINAGE DIVERSION STRUCTURE AT INTERSTATE 35 AND HIGHWAY NINE WITH THE CITY’S SHARE OF THE PROJECT BEING $1,509,600; ADOPTION OF RESOLUTION NO. R-1213-117, AND BUDGET APPROPRIATION.
Attachments: 1. Text File K-1213-182, 2. K-1213-182.pdf, 3. R-1213-117.pdf, 4. Lindsey Street Map, 5. I-35 Suggest Surcharge
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CONTRACT NO. K-1213-182:   PROJECT AGREEMENT NO. 09031(11) BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND THE OKLAHOMA DEPARTMENT OF TRANSPORTATION (ODOT) FOR CONSTRUCTION AND RECONSTRUCTION OF THE STORM DRAINAGE DIVERSION STRUCTURE AT INTERSTATE 35 AND HIGHWAY NINE WITH THE CITY'S SHARE OF THE PROJECT BEING $1,509,600; ADOPTION OF RESOLUTION NO. R-1213-117, AND BUDGET APPROPRIATION.
 
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BACKGROUND: On November 22, 2011, the Norman City Council approved Programming Resolution R-1112-63 requesting federal funds for the West Lindsey Street Improvements between 24th Avenue NW and Berry Road. This resolution states the City's commitment to adhere to the terms and conditions of a federally funded project.  Through the Association of Central Oklahoma Governments (ACOG,) the Oklahoma Department of Transportation (ODOT) agrees to provide 80% of the cost, up to $11.5 million, and administer the construction with the 20% matching share from the City of Norman.  In order to receive the federal funding, the City of Norman is required to enter into an agreement with ODOT to complete the design, acquire all necessary rights-of-way and relocate utilities and encroachments at 100% the City's cost.  
 
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 West Lindsey Street from 24th Avenue S.W. to 700 feet east of Berry Road (attached is a map showing the boundaries of the West Lindsey project).  On December 18, 2012, Council approved the engineering design contract for this project with SAIC, LLC.
 
The roadway portion of the project includes transportation and aesthetic improvements to West Lindsey Street.  The West Lindsey Street corridor between Interstate 35 and Berry Road is the most congested corridor in the Oklahoma City Metropolitan Area. This section of West Lindsey Street has a traffic accident rate three (3) times the national average.  
 
Proposed improvements for the roadway project include:
 
1.      Widening West Lindsey Street from 3 lanes to 5 lanes;
2.      New bridge over Imhoff Creek;
3.  Continuous sidewalks on both sides of the street;
4.      Access management to adjacent properties;
5.      Multi-modal improvements including on-street bicycle lanes;
6.      Aesthetic enhancements including decorative pavement, landscaping, and roadway lighting;
7.      Underground utilities;
8.      Accessibility improvements for disabled individuals.
 
The storm water portion of the project addresses the flooding problems along West Lindsey Street, most notably at the West Lindsey Street and McGee Drive intersection. The design will include conveying storm water from a 3.4 square mile watershed to an underground storm water system which will discharge directly to the Canadian River.  
  
Construction of this project must be coordinated with the Lindsey Street/Interstate 35 Interchange Project that is currently scheduled by ODOT to begin in 2016.  The remainder of the storm water system is being coordinated with ODOT's I-35 Bridge Project over the Canadian River and the I-35/State Highway 9 Interchange Project because the proposed storm pipeline from West Lindsey Street will discharge to the Canadian River south of SH-9E and east of I-35.  
 
DISCUSSION: ODOT is proceeding with a project that will consist of six (6) different components of the I-35/SH-9E Interchange Project which can be constructed without diverting traffic from State Highway 9 or Interstate 35 (see attached map of the project).  This work will consist of constructing the proposed overpass over I-35, relocating a City of Norman sanitary sewer line, constructing a new ramp south southwest of the existing overpass, and constructing the storm water system required in these areas.  The proposed storm water box for the West Lindsey Street - 24th Avenue S.W. to Berry Road Project is located within the work area being proposed by ODOT.  The storm water system will be built from the Canadian River to the north side of the new SH-9E bridge over I-35 at this time to avoid future construction and traffic conflicts. The portion of the storm water system from the north side of the new bridge over I-35 to West Lindsey Street will be constructed in a later work package.  Constructing the storm water box culvert with the ODOT contract will reduce the costs of the construction of this portion of the West Lindsey Street storm water system and will allow for improved construction techniques.  ODOT is willing to include this portion of the West Lindsey Street storm water system in their contract, at the City of Norman's cost.
 
In order for the West Lindsey Street storm water system to be a part of the ODOT project, ODOT requires the City of Norman to enter into a project agreement and to adopt it by Resolution prior to letting the bid.  ODOT has requested that the City approve the attached agreement that addresses the responsibilities of the City of Norman and ODOT.  Staff has reviewed and approved the project agreement and resolution.  
 
In summary, the City's responsibilities in this agreement are:
-Provide plans, specifications and estimate for the underground storm water system
-Convey title to the State of Oklahoma all tracts of land acquired on the State or Federal Highway System
-City shall maintain the West Lindsey Street storm water system
-Provide local share of project costs estimated at $1,509,600
 
In summary, ODOT's responsibilities are:
-Provide professional engineering services for the development of the plans, specifications and estimates for the I-35/SH-9E Interchange Project
-Conduct the environmental studies and obtain the National Environmental Policy Act (NEPA) documents as required
-Acquire all rights-of-way necessary for the project;
-Relocate any utilities necessary for the project;
-Advertise and let the construction contract;
-Construct the project in accordance with the plans;
-Provide competent supervision of the construction;
-Provide State share of project costs estimated at $10,935,000
 
Based on the current Engineer's Estimate, the total construction cost is $12,444,600 including the West Lindsey Street storm water system. ODOT's share is $10,935,000 for the highway improvements and the construction cost of the City of Norman storm water system is $1,509,600. A bid letting for this project has been scheduled by ODOT on June 20, 2013.  Construction may begin in October 2013 but the actual start date will depend on the completion date of the current Canadian River Bridge Project so the two projects do not conflict with each other.  Construction is anticipated to take twelve months and I-35 and SH-9E will remain open throughout construction
 
RECOMMENDATION NO. 1: Staff recommends approval of Contract K-1213-182 with the Oklahoma Department of Transportation (ODOT).
 
RECOMMENDATION NO. 2: Staff further recommends approval of Resolution R-1213-117 adopting Contract K-1213-182, and if approved, authorize the execution thereof.
 
RECOMMENDATION NO. 3: City Council recently authorized the first sale of General Obligation Bonds for the 2012 Bond Program. Funds are available for this project.  Staff recommends appropriating $1,509,600 from the Capital Fund Balance, (account 050-0000-253.20-00) to the Capital Fund, Lindsey Street- 24th Avenue S.E. to Berry Widening Project (account 050-9552-431.61-01; project BP0189).