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CONTRACT K-2021-34: 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 PROJECT STP-214B(104)AG, STATE JOB 31506(04) FOR THE CONSTRUCTION OF ROBINSON STREET WEST OF I-35 PROJECT; AND RESOLUTION R-2021-32.
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BACKGROUND: Robinson Street, immediately west of Interstate 35, has been a concern of the City and Norman drivers for more than two decades. The high traffic volume on this segment of roadway, combined with the two closely spaced signalized intersections at North Interstate Drive and Crossroads Boulevard / Rambling Oaks Drive, and the commercial driveways in close proximity to the signalized intersections, make this area one of the most congested in the City. See the attached Project Area Map.
Development of the University North Park (UNP) area, which is bordered by Robinson Street on the south, Tecumseh Road on the north, Interstate Highway 35 on the west, and the Max Westheimer Airport on the east has and will continue to add traffic to this already congested segment of roadway.
To help resolve the additional congestion from UNP, on August 22, 2006, City Council approved Contract K-0607-45 by and between the City of Norman and the University Town Center L.L.C., regarding Development Agreement No. 1 for the initial project activities associated with the traffic improvements needed to mitigate the additional traffic generated by the University North Park (UNP) development. The agreement stipulated that the improvements would be funded by the UNP Tax Increment Financing (TIF). One of the related improvements associated with the projects listed in Exhibit “A” (see attached) of the above-mentioned contract is the modification of the Robinson Street interchange on the west side of Interstate 35.
On November 13, 2012, City Council approved Contract K-1213-50 with Garver Engineers in the amount of $185,600 for Phase 1 of the interchange improvement project, which analyzed the Robinson Street corridor near Interstate 35 and recommended a preferred alternative that improves traffic flow on the west side of the interchange. This allowed Staff to develop a defined scope of work for the interchange improvements.
On July 22, 2014, City Council approved Amendment No. 1 to Contract K-1213-50 with Garver Engineers in the amount of $38,450 expanding the analysis of the Robinson Street corridor to include the entire UNP area and surrounding transportation network, in essence, completing a new Traffic Impact Analysis (TIA) that uses the latest traffic data and land use scenarios for the undeveloped portions of the UNP. The I-35 at West Robinson Study completed by Garver in March 2014 provided six different alternatives to the existing lane configuration to improve traffic flow on the Robinson Street Interchange on the west side of I-35. Upon review of the six alternatives, three were chosen for further refinement. The three were reviewed for operational and safety advantages and disadvantages and project cost. The preferred alternative, which can only provide temporary relief until either the Robinson Street interchange is reconstructed or a new interchange at Rock Creek Road is built, relocates the intersection of North Interstate Drive with Robinson Street approximately 225 feet east of the current location and adds more traffic lanes on Robinson Street, between Crossroads Boulevard/Rambling Oaks Drive and North Interstate Drive (see Preferred Alternative Drawing).
On November 25, 2014, City Council adopted Resolution R-1415-57, requesting $3,657,170 in federal transportation funds to fund 80% of the construction cost of the preferred alternative.
On April 14, 2015, City Council approved Amendment No. 1B to Contract K-1213-50 with Garver Engineers in the amount of $59,800 for Phase B of the University North Park Traffic Impact Assessment.
In November, 2016 Staff submitted an application to the Association of Central Oklahoma Governments (ACOG) for inclusion of the project in the regional Transportation Improvement Plan and will be able to obtain the funding in Federal Fiscal Year 2019.
The preferred alternative has been reviewed by the Oklahoma Department of Transportation (ODOT) because it impacts the Interstate 35 interchange at Robinson Street. On January 19, 2017 ODOT gave the City their concurrence with the preferred alternative (see the attached Concurrence Letter).
On March 14, 2017, City Council approved Amendment No. 2 to Contract K-1213-50 in the amount of $394,225 with Garver Engineers for preliminary and final design services on the Robinson Street West of I-35 Project.
On August 25, 2020, in companion agenda item, City Council is being asked to approve the ODOT Funding agreement in the amount of $1,003,014 for the City’s share of construction and construction management costs.
DISCUSSION: Prior to advertising the project for bids, ODOT requires the City of Norman to enter into a right-of-way and utility 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.
On this project, three (3) temporary driveway easements from two (2) property owners were necessary to complete the construction of this project. These three (3) easements were donated by the landowners in August 2020.
RECOMMENDATION No. 1: Staff recommends approval of Contract K-2021-34 with the Oklahoma Department of Transportation.
RECOMMENDATION No. 2: Staff further recommends adoption of Resolution R-2021-32 accompanying Contract K-2021-34.