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CONTRACT K-1819-149: A CONTRACT BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND THE OKLAHOMA DEPARTMENT OF TRANSPORTATION (ODOT) A RIGHT-OF-WAY, PUBLIC UTILITY AND ENCROACHMENT AGREEMENT FOR FEDERAL-AID PROJECT STP-114E(300)EH, STATE JOB PROJECT 28811(04) FOR THE EXTENSION OF THE LEGACY TRAIL ALONG 24TH AVENUE N.W. AND 36TH AVENUE N.W. AND ADOPTION OF RESOLUTION R-1819-118.
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BACKGROUND: The 2012 - Moving Ahead for Progress in the 21st Century (MAP-21) federal transportation funding bill allocates Federal funds for the implementation of eligible transportation enhancement projects in the state of Oklahoma.
Growing concerns about air quality, open space, and traffic congestion led Congress to create several programs through legislation in the 1991 Intermodal Surface Transportation Efficiency Act (ISTEA). These programs broaden the federal focus on Transportation from building highways to funding projects tied to smarter planning requirements that help ensure communities are more livable. At the center of new focus about transportation, growth, and quality of life is the Transportation Enhancement Program.
With the passage of the Transportation Equity Act for the 21st Century (TEA-21), and its successors, the Safe, Efficient, Flexible, Effective Transportation Equity Act: a Legacy for the User (SAFETEA-LU) and the current 2012 - Moving Ahead for Progress in the 21st Century (MAP-21), Congress continues to reaffirm its commitment to the original concepts established under ISTEA. Like its predecessors, the new legislation continues to provide a catalyst for stimulating activities that go beyond traditional transportation projects.
Transportation Enhancements (TE) activities offer communities funding opportunities to help expand transportation choices, such as safe bicycle and pedestrian facilities, scenic routes, beautification, and other investments that increase recreation opportunity and access. Communities may also use TE funds to contribute toward the revitalization of local and regional economies by restoring historic buildings, renovating streetscapes, or providing transportation museums and visitors centers.
Federal funds available under the Enhancement Program may be used for a maximum of eighty percent (80%) of the eligible project costs, capped at $600,000 per project. Successful applicants must agree to provide a minimum of twenty percent (20%) of the total project costs. Federal and State Agencies, along with Tribal, County, and Local Governments, are eligible and can apply for the funds.
On September 28, 2010, City Council adopted Resolution R-1011-36 supporting the use of federal surface transportation enhancement program funds for the extension of the Legacy Trail along 24th Avenue NW and 36th Avenue NW. A formal application was prepared by staff and submitted to the Oklahoma Department Transportation (ODOT) on September 29, 2010 for consideration.
The project consists of four gaps of ten-foot wide paved path for pedestrians and bicyclists that will ultimately connect the Downtown area and University of Oklahoma Main Campus with the Ruby Grant Park in northwest Norman. The attached map shows the location of the project.
On September 9, 2014, ODOT informed the City of Norman that the Legacy Trail Extension along 24th Avenue NW and 36th Avenue NW project was among the statewide projects selected for inclusion in the State Transportation Enhancement Program plan.
On October 13, 2015, City Council approved contract K-1516-22 with Cabbiness Engineering for design of the Legacy Trail Extension project.
DISCUSSION: One of the conditions of the Federal Transportation Enhancement Program is that cities be willing to undertake the process of right-of-way acquisition, relocation of public utilities, and removal of encroachments, when and if applicable. For this purpose, the Oklahoma Department of Transportation (ODOT) has prepared a Right-of-Way, Public Utility, and Encroachment agreement, and is requesting City approval of the contract with the adoption of a resolution. The agreement addresses the responsibilities of both the City and ODOT for the acquisition of the twenty-seven permanent and temporary right-of-way easements needed for the construction of the project, the relocation of public utilities and the removal of encroachments. The City Attorney has reviewed and approved its content.
RECOMMENDATION: Staff recommends approval of Contract K-1819-149 and Resolution R-1819-118 with ODOT for the acquisition of right-of-way, relocation of utilities and removal of encroachments associated with the extension of the Legacy Trail along 24th Avenue NW and 36th Avenue NW improvement project.