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CONTRACT K-1415-86: A RIGHT-OF-WAY, PUBLIC UTILITY, AND ENCROACHMENT AGREEMENT BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND THE OKLAHOMA DEPARTMENT OF TRANSPORTATION FOR PROJECT J2-9293(004)AG, STATE JOB 29293(04) FOR THE LINDSEY STREET IMPROVEMENT PROJECT FROM 24TH AVENUE S.W. TO BERRY ROAD PROJECT AND ADOPTION OF RESOLUTION R-1415-64.
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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 SW 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 $9.7 million, and administer the construction with the matching share (20%) 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 Election to finance the local share of eight transportation/storm water improvement projects. One of the eight 2012 bond projects is West Lindsey Street Widening, from 24th Avenue S.W. to Berry Road (attachment A is a map showing the project boundaries). On December 18, 2012, Council approved the design contract for this project with Leidos Engineering LLC (formally SAIC, LLC).
The roadway portion of the project includes transportation and aesthetic improvements to West Lindsey Street. The Lindsey Street corridor between Interstate 35 and Berry Road is the most congested traffic corridor in the Oklahoma City metropolitan area. This section of West Lindsey Street also 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 4 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 bicycle lanes
6. Aesthetic enhancements including decorative pavement, raised center median, landscaping, and roadway lighting
7. Underground utilities
8. Accessibility to 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.
ODOT is substantially complete with the construction of Work Package One (See Attachment B) which includes portions of the I-35/SH-9E Interchange project that were able to be constructed without diverting traffic from either highway. On April 23, 2013, Council approved Contract K-1314-182 with ODOT to construct a portion of the storm water system for the West Lindsey Street Bond Project which is located under or adjacent to the new bridge over I-35. Phase 1 of the City's storm water system was constructed as a part of Work Package One which extends from the Canadian River to the north side of the new SH-9E bridge over I-35.
On October 14, 2014, Council approved Contract K-1415-33 with ODOT to construct Phase 2 of the storm water system for the West Lindsey Street Bond Project. Phase 2 extends from the end of Phase 1 to the east side of 24th Avenue SW near the intersection of 24th Avenue SW and Lindsey Drive. Phase 2 is included in ODOT's Work Package Two for the SH-9E/Interstate 35 and Lindsey Street Interchange Projects (see Attachment B). ODOT opened bids for this construction project on November 20, 2014. Sherwood Construction Company of Wichita, KS was awarded the contract by the Oklahoma Transportation Commission (OTC) on December 8, 2014. This was the largest single contract ever awarded by the OTC. Work is scheduled by ODOT to begin no later than the spring of 2015.
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.
Right-of-way is necessary, in certain areas, along West Lindsey Street for the construction of sidewalks, relocating utilities, tying in driveways to the proposed roadway and other improvements. Right-of-way plans have been approved by ODOT, ODOT now requires approval of the attached agreement. The resolution and agreement have been prepared by ODOT and four (4) copies must be executed. Both the resolution and the agreement have been reviewed by staff.
This agreement marks the beginning of the right-of-way and easement procurement process. The City will make fair market value offers to the property owners to acquire all necessary rights-of-way and easements.
RECOMMENDATION NO.1: Staff recommends approval of Contract K-1415-86, a Right-of-Way and Utility Agreement with ODOT for the construction of West Lindsey Street - 24th Avenue SW to Berry Road.
RECOMMENDATION NO. 2: Staff further recommends approval of Resolution R-1415-64 adopting Contract K-1415-86, and if approved, authorize the execution thereof.