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AUTHORIZATION FOR EXPENDITURE NO. FOUR UNDER CONTRACT K-1314-102 BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND SMITH ROBERTS LAND SERVICES, INC., IN AN AMOUNT NOT-TO-EXCEED $130,116 TO PROVIDE RIGHT-OF-WAY ACQUISITION SERVICES UNDER AN ON-CALL CONTRACT FOR 36TH AVENUE N.W, PHASE 2 RIGHT-OF-WAY ACQUISITION.
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BACKGROUND: On August 28, 2012, the citizens of Norman voted in favor of a General Obligation Bond issue to finance the local share of eight transportation/stormwater improvement projects. One of the eight 2012 bond projects is the 36th Avenue NW Bond Project between Tecumseh Road and Indian Hills Road (please see the attached location map showing the project boundaries).
On November 22, 2011, the Norman City Council approved Programming Resolution R-1112-64, requesting federal funds for the 36th Avenue NW Bond Project. 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 $11,500,000 and administration of the construction with the matching share from the City of Norman.
On March 12, 2013, City Council approved engineering services Contract K-1213-170 with the engineering firm of CP&Y in the amount of $703,878.50 to design the 36th Avenue NW Bond project from Tecumseh Road to Indian Hills Road.
On June 26, 2018, City Council approved Resolution R-1819-12 declaring the 36th Avenue NW Project a recoupment project.
Proposed improvements for the 36h Avenue NW Bond Project include:
1. Widen two miles of roadway from two lanes to four lanes
2. New traffic signals at 36th Avenue NW and Franklin Road and 36th Avenue NW and Indian Hills Road
3. Interconnect signals between Tecumseh Road and Indian Hills Road
4. Dedicated left turn lanes at All Saints Catholic School
5. Fifth lane north of Indian Hills Road to Market Place
6. Storm water improvements
7. Continuous sidewalks along both sides of the roadway with the 10-foot wide legacy trail from Tecumseh Road to Franklin Road on the east side
8. Bicycling facilities as listed in the Norman Bike Plan
On February 26, 2019, City Council approved Authorization for Expenditure No. One to Contract K-1314-102 with Smith-Roberts Land Services, Inc., for the 36th Avenue NW Bond Project - Phase 1, in the amount of $54,324 for right-of- way acquisition services.
On May 28, 2019, City Council approved Amendment No. One to Contract K-1213-170 for engineering design of the 36th Avenue NW Widening Bond Project from Tecumseh Road to Market Place, with CP&Y, Inc., in the amount of $193,895.
DISCUSSION: The 36th Avenue NW Bond Project is anticipated to need right-of-way and/or easements from twenty-five (30) different parcels to construct Phase 1 and 2 of the 36th Avenue NW Bond Project, located north of Tecumseh Road to north of Indian Hills Road. Of those, ten (10) parcels are necessary to construct Phase 1 of the 36th Avenue NW Bond Project, located north of Tecumseh Road to north of Franklin Road. The remainder of the parcels are located within Phase 2 beginning at the north end of Phase 1 and continuing to just north of Market Place and along Indian Hills Road, as necessary to complete the intersection construction.
The City of Norman has three (3) on-call right-of-way consultants to choose from for these services. Staff selected Smith-Roberts Land Services (SRLS) for the 36th Avenue NW Bond Project due to their experience on similar projects. On December 7, 2017, the City Manager authorized SRLS's acquisition and appraisal services on four of the parcels in the amount of $24,020 near the intersection of 36th Avenue NW and Franklin Road. On February 26, 2019 City Council approved the authorization of expenditure to acquire right-of-way on the remaining parcels necessary for Phase 1, in the amount of $54,324 for a task order to have SLRS perform these services. This agenda item addresses the acquisition of the remaining twenty (20) parcels necessary to complete Phase 2. SRLS has proposed a fee of $130,116 to provide the associated acquisition services.
With the purchase amount of these services valued above $25,000, City Council approval of this authorization of expenditure is required. However, no formal bid is required since the City's On-Call contract is being utilized. The City's On-Call contract and bid amounts are renewed every three years using a qualifications-based selection (QBS) process.
If approved, funding for these land acquisition services will be allocated from the 36th Avenue NW Bond Project Land account (Account Org 50595552, Object 46001, Project BP0197).
For land acquisition of this nature with federal matching funds, City policy requires compliance with the Federal Acquisition and Relocation Act. Property owners are provided ample opportunities to negotiate the sale of land to be used for public right-of-way. Property owners may donate the property or they may be compensated for fair market value. Council must approve and accept all land and easement dedications.
If approved, the land acquisition process will begin immediately and is anticipated to be completed by June, 2020.
RECOMMENDATION NO. 1: Staff recommends approval of Authorization for Expenditure No. Three under Contract K-1314-102 with Smith-Roberts Land Services, Inc., in an amount not-to-exceed $130,116 to provide acquisition services under an on-call contract utilizing funds from the 36th Avenue NW Bond Project right-of-way account (Account Org 50595552, Object 46001, Project BP0197).