HomeMy WebLinkAboutHighway Improvement Project Tea Program 133,o (
STATE/MUNICIPAL AGREEMENT Date: June 6, 2018
FOR A
HIGHWAY IMPROVEMENT PROJECT I.D.: 6180-12-00
TEA PROGRAM
Description: City of Oshkosh
Oshkosh Corporation
N. Koeller Street and N. Westfield
Street Extension.
Winnebago County
TEA PROJECT
The State of Wisconsin, Department of Transportation, hereinafter called the State, hereby
delegates to the signatory, City of Oshkosh, hereinafter called the Municipality, and to the
Municipality's undersigned duly authorized officers or officials, the responsibility for the facilities
development process for the road construction hereinafter described.
The authority for the Municipality to enter into this agreement with the State is provided by
s.86.25(1), (2), and (3), Wisconsin Statutes. The authority for the State of Wisconsin to delegate
this responsibility to the Municipality is described in Chapter Trans. 510.09, Wisconsin
Administrative Code, relating to the Transportation Facilities Economic Assistance and
Development (TEA) Program.
The existing facilities, N. Koeller Street and N. Westfield Street end at Rath Lane and Oshkosh
Avenue respectively. Neither of these locations extend far enough north and east to connect to
the new Oshkosh Corporation global headquarters.
The proposed improvements will include extending N. Westfield Street to the north for 800 feet,
extending N. Koeller Street to the north for 925 feet and improvements to the Oshkosh Avenue
and N. Westfield Street intersection. The extensions will include new pavement, curb, gutter,
storm sewer, street lighting, sidewalks and a storm water treatment system to include a water
quality basin and new storm sewer pipe prior to the existing storm sewer outfall. The Oshkosh
Avenue and N, Westfield Street intersection improvements will include widening Oshkosh
Avenue to include dedicated left turn lanes, curb, gutter, new pavement, storm sewer, pavement
marking, sidewalk, traffic signals and street lighting. Improvements will provide adequate access
for the 800 vehicles anticipated daily to access the new global headquarters.
Non-Participating Items work to be included in the project necessary to finish the project will be
undertaken independently by the Municipality. Non-participating components of a
project/contract are considered part of the overall project and will be subject to applicable State
and Federal requirements.
The following conditions will be applied (pages 1 through 7):
1. General Conditions
a. Registered Professional Engineer. Highway improvements must employ the
services of a registered professional engineer to be responsible for design and
construction engineering.
b. Project Phases: Funding of project phases is subject to inclusion in an approved
program.
c. Environmental Requirements: The I Municipality must assume all responsibility for
complying with all germane environmental requirements for a transportation
improvement of its type, certify that the environmental analysis was done and that all
applicable environmental laws were followed. A Statement of Certification of
Conformance with the Environmental Report must be completed by the Municipality
and submitted to the State for concurrence.
d. Application Submittal: TEA application documents, an Environmental Report, a
Design Study Report (DSR) for highway and road improvements and a copy of the
preliminary plans must be submitted to the State for approval prior to preparing final
plans.
e. Pre-bidding Approval: A copy of the bidding documents, construction estimate,
plans and specifications containing the engineer's seal as prepared for bidding
purposes must be provided to the State for approval prior to advertising the project for
bids.
f. Real Estate Acquisition: All real estate acquisition and required relocation of
persons, families, businesses, or farms must be accomplished in accordance with
existing State law. A written right-of-way certification from the Municipality to this effect
will be required after the real estate is acquired.
g. Permits: If applicable, the Municipality will apply for a permit to do work within the
STH right-of-way through the State's Northeast Region and abide by the conditions of
the approved permit.
h. Contract Bidding: Except for work completed by Local Force Account (LFA) all
contracts must be let by competitive bid with contracts awarded to the "lowest
responsible bidder". Municipality must submit a certification of the date bids were
taken, listing all bidders and bid amounts. A written explanation must accompany any
certification where the contract is awarded to someone other than the low bidder.
i. Reimbursements: In general, State reimbursements will be made after the
improvement is complete and sufficient "proof of payment" is sent to the State. For
improvements totaling greater than $100,000, the State may reimburse based on
actual costs quarterly but no more frequently than monthly. Upon completion of the
project, a final audit will be made to determine the final division of costs.
j. Change Orders: All contract change orders must be submitted to the State for
acceptance prior to State reimbursement of these costs.
2
k. As-Built An 11"x1 7" copy of "As-Built" road improvements plan must be submitted
to the State after completion of construction. The Municipality must provide a written
certification that the project was completed in accordance with the approved plans
and specifications as may have been amended by a Contract Change Order.
1. Jobs Guarantee: The Municipality agrees to comply with the criteria established in
the Job Guarantee, as attached hereto, and made part of this overall Agreement.
m. Memorandum of Agreement (MOA): If applicable, the Municipality will develop a
MOA and forward an access permit application to the State's Northeast Region
seeking approval and authorization. The Municipality will abide by the conditions set
forth in the approved MOA.
n. Facilities Development Manual(FDM) Compliance: Work completed under a Local
Force Account (LFA) must comply with the applicable requirements of the Wisconsin
Department of Transportation FDM.
o. Construction Start: Construction of the transportation facility will begin within three
years from the date the grant is awarded.
2. Regulation Adherence: The initiation and accomplishment of the improvement will be
subject to the applicable Federal and State regulations.
3. Eligible Costs: This "State/Municipal Agreement" only pertains to the TEA Grant portion
of the overall development. TEA Grant funds will be limited to 50% participation up to a
maximum of$787,500 for the eligible completion costs of the following items:
a. Preliminary Engineering.
b. The grading of ditches and roadbed; the installation of roadway bases, pavement,
curb and gutter, and sidewalk.
c. Manholes, storm sewer, catch basins, inlets, detention basins and culverts necessary
for the surface water drainage of the improvement.
d. Construction engineering incidental to inspection and supervision of actual
construction work. This includes the actual cost of staff time plus overhead at the rate
of 105% for the Municipality staff who provide in-field construction inspection and/or
survey work under the supervision of the Consultant.
e. Signing, traffic signals, standard lighting, pavement marking, topsoil, sod/seeding,
mulch and associated erosion control items as shown on the plans.
f. Sanitary sewer and water main relocations and adjustments within the existing
right-of-way necessary to complete the transportation improvement project.
4. The Municipality will pay 100% of all costs incurred relating to the improvement which
exceed State-funding commitments under the TEA award or are ineligible for State and/or
Federal funding.
3
5. Ineligible Costs: Ineligible work necessary to complete the improvement to be funded
entirely by the Municipality or other utility or facility owner includes the following items:
a. New installations or alterations of sanitary sewers, water mains and connections, gas,
electric, telephone, telegraph, fire or police alarm facilities, parking meters, and similar
utilities.
b. Damages to abutting property due to changes in street or sidewalk widths, grades or
drainage.
c. Conditioning, if required and maintenance of detour routes.
d. Repair of damages to roads or streets caused due to their use in hauling materials
incidental to the improvement.
e. Administrative costs associated with the preparation of the TEA application.
f. All storm sewer and detention basin costs in excess of what is required to drain the
TEA eligible roadways and improvement.
g. All work related to underground storage tanks and contaminated soils.
h. All decorative, patterned or colored pavements.
i. Decorative lighting costs in excess of standard lighting costs.
j. All portions of roadway work that exceed State standards for the applicable functional
classification of the project roadway as determined by the State.
k. Real estate needed for the improvement.
6. The State will, at its cost, fund State expenses of a purely administrative nature.
7. The Municipality will reimburse the State for any costs incurred by the State on behalf of
the project, if the Municipality should withdraw the project.
8. The work eligible for State participation will be administered by the Municipality and under
its supervision. Such work may also include items not eligible for State participation which
are considered necessary to complete the project.
9. Work to be performed by the Municipality without State highway fund participation,
necessary to insure a complete improvement acceptable to the Federal Highway
Administration (FHA) and/or the State, may be done in a manner at the election of the
Municipality but must be coordinated with all other work undertaken during construction.
10. The Municipality:
4
a. Will maintain, at its own cost and expense, all portions of the project that lie within its
jurisdiction, through statutory requirements, in a manner satisfactory to the State or
the Federal Highway Administration or both, and will make ample provision for such
maintenance each year.
b. All signs and traffic control devices and other protective structures erected on or in
connection with the project including such of these as are installed at the sole cost
and expense of the Municipality or by others, will be in conformity with such "Manual
of Uniform Traffic Control Devices" as may be adopted by the American Association
of State Highway and Transportation officials, approved by the State, and concurred
in by the Federal Highway Administration.
c. The right-of-way available or provided for the project will be held and maintained
inviolate for public highway or street purposes. Those signs prohibited under Federal
aid highway regulations, posters, billboards, roadside stands, or other private
installations prohibited by Federal or State highway regulations will not be permitted
within the right-of-way limits of the project. The Municipality, within its jurisdictional
limits, will remove or cause to be removed from the right-of-way of the project all
private installations of whatever nature which may be or cause an obstruction or
interfere with the free flow of traffic, or which may be or cause a hazard to traffic, or
which impair the usefulness of the project and all other encroachments which may be
required to be removed by the State at its own election or at the request of the Federal
Highway Administration, and that no such installations will be permitted to be erected
or maintained in the future.
d. Will prohibit all on-street parking which would restrict the free flow of two-lane traffic.
e. Will assume general responsibility for all public information and public relations for the
project and to make fitting announcement to the press and such outlets as would
generally alert the affected property owners and the community of the nature, extent,
and timing of the project and arrangements for handling traffic within and around the
project.
f. Will use the State Utility Accommodation Policy unless it adopts a policy which has
equal or more restrictive controls.
g. Will comply with Federal Single Audits of Local Government Units:
1) The Municipality shall have a single organization audit performed by a qualified
independent auditor if required to do so under federal law and regulations. (See
Federal Circular No. A-133.)
2) This audit shall be performed in accordance with Federal Circular A-1 33 issued by
the Federal Office of Management and Budget (OMB) and State single audit
guidelines issued by the Wisconsin Department of Administration (DOA).
3) The Municipality will keep records of costs of construction, inspection tests and
maintenance done by it to enable the State to review the amount and nature of the
expenditures for these purposes; that the accounts and records of such
5
expenditures, together with all supporting documents, will be kept open at all times
to inspection by authorized representatives of the State; and that it will furnish
copies thereof when requested. Such accounting records and any other related
records should be subject to an audit as directed by the State within eight years.
h. Will not submit to the State for reimbursement non-participating or ineligible
improvement costs that are part of this project.
i. Will report jobs created and retained as a result of the project as follows:
1) As this TEA grant award equaled or exceeded $100,000, the Municipality must
report on the end of the third and seventh year following the execution of this
State-Municipal Agreement, a report of the number of eligible jobs, as the term is
defined in s. Trans 510.02, Wis. Adm. Code, originally created and maintained by
the economic development project for which the State-Municipal Agreement was
developed.
2) As required by s. 84.01(6m)(b)6, Wis. Stats. and s. Trans 510.08(1)(b), Wis.
Adm. Code, the report required above shall be certified by a verified statement
signed by both an officer of the Municipality and an independent certified public
accountant licensed or certified under Ch. 442, Wis, Stats. attesting to the
accuracy of this verified statement, along with the certified public accountant's
supporting information.
j. In the event of failure to comply with the requirements of this project agreement by the
Municipality, the State may seek any of the remedies authorized under s. Trans
510.08(3), Wis. Adm, Code.
6
The following is an estimate of the total project cost. The State will contribute 50% of the eligible
costs up to a maximum of $787,500 or the road project. The balance of the project is 100%
funded by the City of Oshkosh.
ESTIMATED COSTS
Total TEA Municipal
PHASE Estimated Funds % Funds %
Cost
Preliminary Engineering & Design $449,848 $84,375 50 $365,473 50
Participating Construction $3,259,765 $611,413 50 $2,648,352 50
Construction Engineering & Contingencies $488,965 $91,712 50 $397,253 50
Total Eligible Costs $4,198,578 $787,500 MAX $3,411,078 BAL.
Non-Participating Construction:
$0 $0 0 $0 100
t Distribution $4,198,578 $787,500 $3,411,078
This agreement is made by the undersigned under proper authority to make such agreements
for the above-designated Municipality, and upon acceptance by the State shall constitute
agreement between the Municipality and the State.
Signed for and on behalf of City of Oshkosh
(Please sign in blue ink)
Trena Lar'so'n", Finance Director Date
Ma A<A. Rohloff, City Manager 'Date
roared as to F rm
y D Pamela R. Ubrig, Cit Cl erk ate (c)
A. Lor6hgboh, City Attorney Date
Signed for and on behalf of the State:
7
13 L_
Name (Print)
672,
t-ST1,0,1 P/qO
Signature Title Date
7
Z7A
" TEA JOB GUARANTEE . ,
Wisconsin Department of Transportation
DT1286 3/2017 �:. RANSPORTA11ON
ECONOMIC ASSISTANCE
The City of Oshkosh ("Applicant')agrees to authorize the inclusion of, and be bound by,this repayment provision in the
separate State-Municipal Agreement(SMA)that will be executed between it and the Wisconsin Department of
Transportation (WisDOT)as part of WisDOT's approval of Applicant's request for assistance under the Transportation
Facilities Economic Assistance and Development(TEA) program.
The City of Oshkosh agrees, in this repayment provision, to reimburse WisDOT for up to the full grant amount if
employment within the economic development project(Oshkosh Corporation/road extension of N. Koelier Street and
N.Westfield Street and intersection improvement of Oshkosh Avenue and N.Westfield Street)fails to meet the
following goals:
From a baseline employment of 450 jobs:
(1) Creation of 45 new jobs within three years after the SMA is executed; and, retention of said 45 new jobs seven years
after the SMA is executed
(2) In addition to said new jobs, retention of 450 jobs three years, and seven years, after the SMA is executed
Total number of jobs to be retained at both the three-year and seven-year reporting dates: 495
For purposes of this provision, a job is defined to be consistent with Ch. Trans. 510,Wis. Adm. Code. It will include all
new non-retail jobs and exclude jobs obtained through geographic job transfers within Wisconsin except those that would
be lost to the state. Eligible jobs include full time equivalents(FTE's).
At three years and again at seven years after the SMA is executed,the City of Oshkosh will report to WisDOT the
number of FTE jobs that were created and/or retained. For TEA grants of$100,000 or more,the reports will be
accompanied by an attestation report created and signed by an independent Certified Public Accountant licensed or
certified under ch. 442,Wis. Scats., expressing an opinion on the number of eligible jobs;the director or principal officer of
the City of Oshkosh will also attest, including by signature, to the accuracy of the job numbers.
If the job guarantee is not satisfied, WisDOT will evaluate the job benefits that have been obtained in order to determine if f
reimbursement of either the full grant amount or a reduced amount, based on a prorated share related to the number of
jobs that have materialized as a result of the economic development project, is appropriate, or other remedy under s.
Trans 510.08(3), Wis.Adm. Code.
The full grant amount involved here, of which partial or total reimbursement may be required, is$787,500.
X X
(SignaMiTry (Signature of the Applicants Authorized Representative)
/0Avk k AaAla
(Print Name and Title of Representative)
Dave Ross lc 0 ( a x ( U
Secretary,
Wisconsin Department of Transportation (street P.o.Box)
OSkVKoS ii, y✓t, 5 4 ya3 -0-3 0
(city,State,ZIP Code)
(mate ml ) ( e-rrn/d