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CONTRACT NO. K-1314-113: A MAINTENANCE AGREEMENT BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND THE OKLAHOMA DEPARTMENT OF TRANSPORTATION (ODOT) FOR FEDERAL-AID PROJECT STPG-214C(011)AG, STATE JOB NO. 29261(04) FOR THE CEDAR LANE ROAD WIDENING PROJECT BETWEEN 12TH AVENUE S.E. TO 0.5 MILES EAST OF 24TH AVENUE S.E., ADOPTION OF RESOLUTION R-1314-92, AND BUDGET APPROPRIATION.
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BACKGROUND: The Cedar Lane Road Widening Project involves the construction of a new four-lane roadway that will include five foot bike lines on each side of the road and Americans With Disability Act-compliant sidewalks. The project will also include improvements to 12th Avenue SE and 24th Avenue SE as they approach Cedar Lane Road, improve the BNSF railroad crossing and resurface U.S. Highway 77 on the north and south sides of Cedar Lane Road. Signalization of the 12th Avenue SE and Cedar Lane Road intersection will also help relieve traffic congestion at peak travel times during the day.
On February 8, 2011, City Council approved engineering services Contract No. K-1011-135 with Cardinal Engineering Inc. for the design of the Cedar Lane Road Widening Project for $350,630 or 3.5% of the total estimated project cost.
On November 22, 2011, the Norman City Council approved programming Resolution No. R-1112-60 requesting federal funds to widen Cedar Lane Road. 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 and administration of the construction with the matching 20% share from the City of Norman.
On August 28, 2012, the citizens of Norman voted in favor of a Bond Issue to finance the local share of eight transportation/storm water improvement projects. One of the eight 2012 bond projects is the Cedar Lane Road Widening Project. See the attached location map showing the project boundaries.
On April 23, 2013, City Council approved Contract No. K-1213-183, a Right-of-Way and Utility Agreement with the Oklahoma Department of Transportation, for the construction of the Cedar Lane Road Widening Project. This agreement requires the City to acquire rights-of-way and relocate utilities for this project. Currently, all right-of-way has been acquired and utility relocation is approximately 80% complete.
DISCUSSION: Prior to letting the project for bid, ODOT requires the City of Norman to enter into a project agreement and to adopt it by Resolution. ODOT has requested the City approve the attached agreement that addresses the responsibilities of the City of Norman and ODOT. Staff has reviewed and approved the project agreement and resolution.
In summary, the City's responsibilities are:
Prepare plans for construction in conformance with ODOT 2009 Standard Specifications
Provide necessary rights-of-way to construct the project and relocate any utilities
Maintain the traffic signal equipment after construction
Certify the project will comply with the Americans with Disabilities Act (ADA)
Comply with environmental requirements
Maintain the roadway and all drainage systems and facilities after construction
Ensure permanent rights-of-way are free of any encroachments
Maintain lighting and lighting systems
In summary, ODOT's responsibilities are:
File jointly with the contractor the Notice of Intent (NOI) for a general construction storm water permit with the EPA which authorizes storm water discharges associated with construction activities
Advertise and let the construction contract for this project
Construct the project in accordance with the plans
Provide competent supervision of the construction
The construction project is funded 80% by ODOT and 20% by local funds. ODOT has billed the City for the local matching share. Based on the latest engineer's estimate, the total construction cost is $8,164,008. ODOT's estimated share is $6,532,311 and the local match is $1,640,696. The City's share will be funded by the 2012 Bond Program Funds and Development Fees.
Development fees include traffic impact fees and arterial road widening (deferral) fees paid to the City when final plats for subdivisions are filed. Section 4006.1 of the City's Engineering Design Criteria allows the City to analyze the affects a new development may have on existing traffic patterns. If it is determined by a Traffic Impact Analysis (TIA), that the new development will have a negative impact on existing traffic, the developer will be assessed a Traffic Impact Fee. Attachment A provides a list of developments, the respective fee for each, and which intersection will be improved by these fees. Traffic Impact Fees collected from new developments directly impacting traffic at intersections within the limits of the Cedar Lane Road Widening Project will be applied towards the intersection improvements during the Cedar Lane Road construction.
Currently, funds are available in the Cedar Lane Road Widening Project Construction (account 050-9079-431.61-01; project BP0196). With Council's approval, the Traffic Impact Fees will be appropriated from Current Liability Insight Improvements Cash (account 050-0000-229.24-11) to the project account. The portion of development deferral fees to be applied to this project will be determined when the final project costs are established.
A bid letting for this project has been scheduled by ODOT on March 20, 2014. The estimated start of construction is June 2014 with an anticipated completion in July 2015.
RECOMMENDATION 1: Staff recommends approval of Contract No. K-1314-113 with ODOT and direct payment to ODOT for the City's 20% of construction costs in the amount of $1,640,696.
RECOMMENDATION 2: Staff further recommends approval of Resolution No. R-1314-92 adopting Contract K-1314-113, and if approved, authorize the execution thereof.
RECOMMENDATION 3: Staff further recommends appropriating $111,263.52 from Current Liability Insight Improvements Cash (account 050-0000-229.24-11) to the Capital Fund, Cedar Lane Road Widening Project (account 050-9079-431.61-01; project TR0235).