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HomeMy WebLinkAbout14. 20-337 JULY 28, 2020 20-337 RESOLUTION (CARRIED__7-0____LOST________LAID OVER________WITHDRAWN_________) PURPOSE: APPROVE INTERGOVERNMENTAL AGREEMENT WITH WINNEBAGO COUNTY FOR RECONSTRUCTION OF CTH “I” (OREGON STREET) INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, the City of Oshkosh and Winnebago County are part of the Oshkosh Area Metropolitan Planning Organization (MPO); and WHEREAS, MPO’s recommend eligible roadway projects for program funding that qualify for the Surface Transportation Program – Urban (STP-U); and WHEREAS, the Oshkosh Area MPO previously recommended and was awarded funding through the STP-U program for the CTH “I” (Oregon Street) reconstruction project but this project was delayed to allow construction of the street and sanitary sewer to be performed concurrently; and WHEREAS, the Oshkosh Area MPO has now recommended the CTH “I” project for the next round of STP-U funding, with construction planned for 2023 or 2024. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that an Intergovernmental Agreement between the City of Oshkosh and Winnebago County outlining the responsibilities for the City and Winnebago County as they relate to the cost sharing of the local match for the reconstruction of CTH “I” (Oregon Street) under the STP-U program is hereby approved. The proper City officials are hereby authorized to execute and deliver the agreement in substantially the same form as attached hereto, any changes in the execution copy being deemed approved by their respective signatures, and said City officials are authorized and directed to take those steps necessary to implement the terms and conditions of the Agreement. Citytle 0 Oshkosh MEMORANDUM TO: Honorable Mayor and Members of the Co on Council J FROM: James Rabe, Director of Public Works� r" DATE: July 23, 2020 RE: Approve Intergovernmental Agreement with Winnebago County for Reconstruction of CTH "I" (Oregon Street) BACKGROUND The Surface Transportation Program — Urban (STP -U) allocates federal funds to complete a variety of improvements to federal aid eligible roadways in urban areas. The objective of the program is to improve the quality of roadways that are federal aid eligible within the urban areas. Communities are eligible for funding on roadways that are functionally classified as a collector or higher. Funding is allocated to urban area Metropolitan Planning Organizations (MPO's). The MPO's then have the responsibility to recommend roadways projects for program funding. The Oshkosh Area MPO includes the following entities: City of Oshkosh, Winnebago County, Town of Algoma, Town of Black Wolf, Town of Nekimi, Town of Oshkosh, and Town of Vinland. The Oshkosh Area MPO had previously recommended the CTH "I" (Oregon Street) reconstruction project from just south of West 35'h Avenue to Ripple Avenue for funding through the STP -U program. After the project was awarded funding, the City of Oshkosh developed plans to extend sanitary sewer down Oregon Street to Ripple Avenue. Had the planned reconstruction proceeded, the City of Oshkosh would have dug up a new street for the sanitary sewer. In conjunction with Winnebago County, it was determined to delay the CTH "I" project until construction of the street and sanitary sewer could be performed concurrently. The STP -U funding at that time was reallocated to a different project. I: \ Engineering\Tracy Taylor\ Memos to Mayor & Common Council \2020\ Winnebago County Page 1 of 2 Intergovernmental Agreement Memo -Oregon S[_7 -2}20x ocx ANALYSIS The Oshkosh Area MPO has now recommended the CTH "I" project for the next round of STP - U funding, with construction planned for 2023 or 2024. This construction schedule coincides with the City of Oshkosh sanitary sewer interceptor construction project. Rather than disrupt the area in consecutive construction seasons, the City of Oshkosh and Winnebago County plan to have the two (2) projects combined into a single construction project bid set. This combination of projects results in the lowest total overall costs to the communities, and thus our taxpayers and utility rate payers. The "local share" of the street reconstruction project will be shared 50-50 between Winnebago County and the City of Oshkosh, with the exception of any necessary right-of-way acquisition, which will be the responsibility of Winnebago County. The cost of the sanitary interceptor sewer will be entirely the responsibility of the City of Oshkosh. FISCAL IMPACT The fiscal impact of this agreement is expected not to exceed $2,945,641. The City's share of street costs is $445,641. Funds for the City of Oshkosh portion of the street reconstruction project will be budgeted for in future year's Capital Improvement Program Plans, currently planned for 2023. RECOMMENDATIONS Staff recommends approval of the intergovernmental agreement with Winnebago County for the reconstruction of CTH "I" (Oregon Street). Approved, Mark A. Rohloff City Manager JER/tlt I:\Eagiaoenng\TraCy Taylor\ Memos to Mayor & Common Council\=\ Winnebago County Intergovernmental Agreement Memo -Oregon St 7-23-20.don Page 2 of 2 WINNEBAGO COUNTY HIGHWAY DEPARTMENT COUNTY/MUNICIPAL AGREEMENT DATE: July 22, 2020 FOR A HIGHWAY IMPROVEMENT PROJECT PROJECT: STP - Urban HIGHWAY: CTH "I" LIMITS: 35th Ave. to Ripple Ave. MUNICIPALITY: City of Oshkosh The signatory, City of Oshkosh, hereinafter called the City, through its undersigned duly authorized officers or officials, hereby requests the County of Winnebago, through its Highway Department, hereinafter called the County, to initiate proceedings and engineering development and to affect the construction of the highway or street improvement hereinafter described. Project Description: Reconstruct the existing rural county roadway to an urban roadway that will incorportate a single lane in each direction with a center turn lane, curb and gutter, storm sewer, pavement marking, diamond grinding, and bike lanes. Sidewalk will not be included in the project. COST ESTIMATE AND PARTICIPATION PHASE ************************ ESTIMATED COST ************************ Total Estimated Cost County % City of Oshkosh % Urban Roadway Design Design & State Oversight $422,200 $211,100 50% $211,100 50% Real Estate $100,000 1 $100,000 100% $0 0% Federal Funding ($248,838) ($124,419) 50% ($124,419) 50% Urban Roadway Construction Construction & State Oversight $1,748,400 $874,200 50% $874,200 50% Sanitary Interceptor Sewer $0.00 0% $2,500,000.00 100% Federal Funding ($1,030,479) TOTAL (ESTIMATED) PROJECT COST $2,270,600 $545,641 100% $2,945,641 1 100% This request for the programming, and preliminary engineering is subject to the terms and conditions that follow and is made by the undersigned under proper authority to make such request for the designated Municipality and upon acceptance by the Highway Commissioner shall constitute an agreement between the County and the City, unless specifically modified or amended by supplemental written agreement between the County and the City. Terms and Conditions 1 See attached terms and conditions titled "Intergovenmental Agreement Between Winnebago County and the CTH I City Oshkosh Agreement.xlsx INTERGOVERNMENTAL AGREEMENT BETWEEN WINNEBAGO COUNTY AND THE CITY OF OSHKOSH REGARDING COUNTY HIGHWAY I Intergovernmental Agreement ("Agreement") between Winnebago County, Wisconsin ("County") and the City of Oshkosh, Wisconsin, a Wisconsin municipality ("City"). RFC'TTAT ,S A. The County and the City each have territory containing real estate with frontage along County Highway "I", between 35t1, Avenue and Ripple Avenue, City of Oshkosh and Winnebago County, Wisconsin ("Road"). B. The Road is located approximately 50% within the boundary of the County and approximately 50% within the boundary of the City. C. The Road was last reconstructed in 1975, and has deteriorated and is in need of repair and expansion to handle increasing traffic flow. In 2019, the Road was rated a 6 on the Pavement Surface and Evaluation Rating (PASER) system. The ratings on the PASER scale are from 1 (failed) to 10 (new). D. The County and the City are entering into this Agreement pursuant to Wis. Stat., § 66.0301. This Agreement is intended to be binding upon future County Boards and City Common Councils in accordance with its terms. E. The City has a long range plan and need to extent sanitary sewer interceptor service within the CTH "I" (Oregon Street) right of way to Ripple Avenue to allow for continued development on the south side of the City. In consideration of the above recitals, and other good and valuable consideration mutually acknowledged by the parties, it is agreed as follows: Project: Reconstruction of the existing rural county roadway to an urban roadway that will incorporate a single lane in each direction with a center turn lane, curb and gutter, storm sewer, pavement markings, diamond grinding, and bike lanes. Sidewalk will not be included in the project. a. The City intends to include the sanitary sewer construction in the Road project bid letting and agrees to be responsible for 100% of the cost of the sanitary sewer construction. b. The City will be kept informed of the project status and will have input regarding the project. The County will work in good faith with the City regarding the design of the roadway. However, the County has final approval of the roadway design. Page 1 of 4 June 26, 2020 c. The City will provide design plans and specifications for the sanitary sewer construction portion of the project to be included within the overall project bid package. d. The project design will begin in 2021 with construction anticipated to begin in 2023. 2. Funding Agreements: The project will include federal and/or state funding. Each party agrees that they will execute all agreements and documents necessary to ensure the application for and receipt of such funding, to ensure the appropriate and lawful use of the funding, and to cooperate in any reviews or audits related to the federal funding. 3. Construction Contract: The County and City shall work together to ensure all construction contracts related to the project contain adequate protections for both entities relating to items such as: insurance, indemnification, and warranty. The Wisconsin Department of Transportation (WisDOT) will advertise for bids for the joint roadway project and the City's sanitary sewer project in accordance with the requirements of the STP -Urban Program and the executed WisDOT State -Municipal Agreement (SMA), and any other applicable requirements. The WisDOT shall enter into a contract with the successful Contractor and make payments to the Contractor in accordance with the contract. 4. Participation Levels: The County shall provide 50% of the local share for the Road that is required by the SMA. The City shall provide 50% of the local share for the Road. The City shall provide 100% of the cost for the sanitary sewer portion of the project. The County shall invoice the City for the City's portion of the local share, without administrative fees, within thirty days of receipt of invoices from WisDOT, or within thirty days as invoice amounts otherwise become known or available. The City will pay the invoice within thirty days of receipt. The County and City will review the final project costs at contract closeout. Any payments due at contract closeout shall be invoiced and paid within thirty days of invoice. 5. Cost Estimates: The cost estimates for the project along with the parties' participation percentages are shown in the previous "Cost Estimate and Participation" table. The project costs are estimates. Each party agrees to fund their portion of the project according to the percentages listed in the "Cost Estimate and Participation" table. Each party agrees to pay all costs incurred in the project if they fail to appropriate funding outlined in this Agreement. The parties' obligations to perform under this Agreement shall be subject to County Board and City Common Council appropriation of funds. 6. Project Record Keeping The County shall keep all records as required by the STP -Urban Program and the executed SMA. The City shall have the right to inspect the project records. County and City agree that any inspection will be scheduled during normal business hours of 8:00 a.m. to 4:30 p.m. 7. Special Assessments: The City reserves all rights to specially assess the benefitting properties pursuant to Wis. Stat., § 66.0703, together with such other statutory authority as may be permitted by any provision of the Wisconsin Statutes. Page 2 of 4 June 26, 2020 S. Other Agreements: Unless specifically modified by the Agreement, the County and the City acknowledge that nothing herein is intended to amend, modify or supersede other intergovernmental agreements in relation to this project previously executed by the parties. 9. Binding Effect: This Agreement shall bind and accrue to the benefit of the parties and their successors. This Agreement is for the exclusive benefit of the parties and shall not be deemed to give any legal or equitable right, remedy, or claim to any other person or entity. 10. Authority: Each party represents that it has the authority to enter into this Agreement and that all necessary procedures have been followed to authorize this Agreement. Further, each person signing this Agreement represents and warrants that he or she has been authorized to do so by their respective principals. 11. Dispute Resolution: Disputes relating to the interpretation or the enforcement of this Agreement shall be resolved through the Alternative Dispute Resolution procedures administered by the State of Wisconsin - Department of Administration, Division of Intergovernmental Relations - Municipal Boundary Review office, unless such other dispute resolution administration agency is mutually agreed upon by the parties. 12. Miscellaneous: This Agreement shall be liberally construed to accomplish its intended purposes. The parties acknowledge that the language contained in this Agreement is the product of various individuals representing various interests. Therefore, ambiguities shall not be construed against the drafter of this document. This Agreement may be executed in one or more counterparts, each of which shall constitutes an original. Facsimile signatures shall be deemed the same as original signatures. Page 3 of 4 June 26, 2020 This Agreement shall take effect upon the last date of execution below, and shall expire immediately upon notification that the project did not receive funding through the STP Urban program, or two years from the date of Substantial Completion if the project received STP Urban funding. COUNTY OF WINNEBAGO By: Date: Raymond G. Palonen, Highway Commissioner CITY OF OSHKOSH By: Date: Mark Rohloff, City Manager By: Date: Pamela Ubrig, City Clerk I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract: By: Date: Russ Van Gompel, Finance Director Approved as to form: By: Date: Lynn Lorenson, City Attorney Page 4 of 4 June 26, 2020