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CONTRACT NO. K-1213-81: A RIGHT-OF-WAY, PUBLIC UTILITY AND ENCROACHMENT AGREEMENT BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND THE OKLAHOMA DEPARTMENT OF TRANSPORTATION (ODOT) FOR FEDERAL-AID PROJECT STP-114B(301)AG, J/P NO. 29009(04) PAVEMENT OVERLAYS ON SEGMENTS OF TECUMSEH ROAD, 24TH AVENUE N.W. AND WEST LINDSEY STREET AND ADOPTION OF RESOLUTION NO. R-1213-55.
ACTION NEEDED: Motion to approve or reject Contract No. K-1213-81 with ODOT; and, if approved, adopt Resolution No. R-1213-55, and authorize the execution of the contract and resolution.
ACTION TAKEN: ___________________________________
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BACKGROUND: The 2005 - Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) allocates approximately $15 Million in Federal funds per year for the implementation of eligible transportation improvements in the Oklahoma City metropolitan area. Pavement overlay projects along functionally classified roadways are eligible for 80% federal funding.
On June 14, 2011, City Council approved Resolution R-1011-131 which was forwarded to both the Association of Central Oklahoma Governments (ACOG) and the Oklahoma Department of Transportation (ODOT) requesting federal funds to pay for 80% of the construction cost of pavement overlays along the following roadway segments:
Ø Tecumseh Road, between 60th Avenue NW and Norman Regional Parkway
Ø 24th Avenue NW, between Boardwalk and Tee Drive
Ø Lindsey Street, between 36th Avenue SW and Ed Noble Parkway
In the resolution the City agrees to the terms and conditions of a federally funded project by stating its willingness to assume the responsibility for the preparation of engineering plans, the purchase of any additional right-of-way, the relocation of public utilities and funding of the local share of the construction cost, which for this project is 20% of the construction. The project was submitted for consideration and is currently included in the Association of Central Oklahoma Governments' (ACOG) 2012 Regional Transportation Improvement Plan (TIP).
Construction plans were developed in-house by the Traffic Control Division and submitted to ODOT with a request to include the project in their January 2013 bid opening. Construction is anticipated to begin in the spring of 2013 with completion of the work in early summer of the same year.
In addition to the pavement overlays, the project includes new striping and some sidewalk and wheel chair ramp upgrades. The estimated construction cost of $1,472,270 will be funded with 80% federal funds ($1,177,816) and 20% local funds ($294,454).
DESCRIPTION: One of the conditions outlined in the programming resolution describes the City's willingness to undertake the acquisition of right-of-way, relocation of public utilities, and removal of encroachments, when applicable. Although there will be no additional right-of-way, utility relocations or encroachment removal associated with this project, the Oklahoma Department of Transportation requires the execution of a project agreement. For this purpose, the Oklahoma Department of Transportation has prepared a Right-of-Way, Public Utility, and Encroachment agreement. The City has been asked to approve it with the adoption of a resolution. The agreement addresses the responsibilities of both the City and the Oklahoma Department of Transportation in the unlikely event that such activities may be necessary to complete the project. The City Attorney has reviewed and approved its content.
RECOMMENDATION: Staff recommends approval of contract No. K-1213-81 and resolution R-1213-55 with ODOT for the acquisition of right-of-way, relocation of utilities and removal of encroachments associated with pavement overlays on segments of Tecumseh Road, 24th Avenue NW and West Lindsey Street.