HomeMy WebLinkAbout07. 22-253JUNE 28, 2022 22-253 RESOLUTION
(CARRIED____7-0____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: APPROVE STATE/MUNICIPAL AGREEMENT WITH THE
WISCONSIN DEPARTMENT OF TRANSPORTATION FOR THE
RECONSTRUCTION OF BOWEN STREET FROM OTTER AVENUE
TO EAST PARKWAY AVENUE
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
WHEREAS, the Wisconsin Department of Transportation (WDOT) allocates
federal and state infrastructure money to the Surface Transportation Urban Program
(STP-Urban) to provide funding to urban communities for roadway improvement
projects; and
WHEREAS, the reconstruction of Bowen Street from Otter Avenue to East
Parkway Avenue within the City of Oshkosh is an eligible project under this program.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the City hereby accepts funding under the Surface Transportation Urban
Program (STP-Urban) for the reconstruction of Bowen Street from Otter Avenue to East
Parkway Avenue.
BE IT FURTHER RESOLVED by the Common Council of the City of Oshkosh that
the State/Municipal Financial Agreement between the City of Oshkosh and the Wisconsin
Department of Transportation outlining the responsibilities for the City and the State of
Wisconsin as they relate to the cost sharing for the reconstruction of Bowen Street from
Otter Avenue to East Parkway Avenue is hereby approved and 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.
JUNE 28, 2022 22-253 RESOLUTION
CONT’D
Money for this purpose is hereby appropriated from:
Acct. Nos. 03210410-6801-04701 Contract Control-Paving-27-01 Bowen Street
Reconstruction
03210410-6802-04701 Contract Control-Sanitary Sewer-27-01 Bowen
Street Reconstruction
03210410-6803-04701 Contract Control-Water Main-27-01 Bowen
Street Reconstruction
03210410-6804-04701 Contract Control-Storm Sewer-27-01 Bowen
Street Reconstruction
03210410-6806-04701 Contract Control-Sidewalk-27-01 Bowen Street
Reconstruction
03210410-6809-04701 Contract Control-Traffic-27-01 Bowen Street
Reconstruction
03210410-6810-04701 Contract Control-Admin Cost-27-01 Bowen
Street Reconstruction
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Page 1 of 2
TO: Honorable Mayor and Members of the Common Council
FROM: James Rabe, Director of Public Works
DATE: June 23, 2022
RE: Approve State/Municipal Agreement with the Wisconsin Department of
Transportation (WDOT) for the Reconstruction of Bowen Street from
Otter Avenue to East Parkway Avenue
BACKGROUND
The Wisconsin Department of Transportation allocates federal and state infrastructure
money to the Surface Transportation Urban Program (STP-Urban) to provide funding to
urban communities for roadway improvement projects. This program requires funding
to be utilized on streets that are functionally classified as a Collector or Arterial. This
means that “Local” streets are not eligible for funding under this program. Bowen Street
from Otter Avenue to East Parkway Avenue is proposed to be reconstructed in 2027 using
STP-Urban funding.
ANALYSIS
The STP-Urban program specifies which portions of the Project are federally eligible for
“participating” funding, and which portions of the Project must be funded locally.
Generally speaking, items such as pavement, sidewalks, lighting, and storm sewer are
eligible for federal funding; while other utilities are not eligible.
Utilizing STP-Urban funding for street reconstruction projects allows the City to
complete more street reconstruction projects with our limited financial resources. This
will improve the overall condition of streets within the City of Oshkosh, addressing an
age-old concern within the community, and meeting multiple goals within the City’s
Strategic Plan.
FISCAL IMPACT
The STP-Urban funding available for the Project is $1,883,128. The total Project cost is
currently estimated to be $9,735.800. The remaining $7,852,672 will need to be funded by
the City. Design services are projected to begin in 2023, acquisition costs in 2024, and
construction costs in 2027. Funds are proposed to be budgeted in the 2023, 2024, and 2027
I:\Engineering\2021 - 2030 Contracts\2027 CONTRACTS\27-01 Bowen
St\Project_Information\Correspondence\Memo\27-01 WDOT St-Mun Agreement-Bowen St Reconst
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Capital Improvement Programs (Account No. 03210410-6801-04701/Contract Control-
Paving-27-01 Bowen Street Reconstruction, 03210410-6802-04701/Contract Control-
Sanitary Sewer-27-01 Bowen Street Reconstruction, 03210410-6803-04701/Contract
Control-Water Main-27-01 Bowen Street Reconstruction, 03210410-6804-04701/Contract
Control-Storm Sewer-27-01 Bowen Street Reconstruction, 03210410-6806-04701/Contract
Control-Sidewalk-27-01 Bowen Street Reconstruction, 03210410-6809-04701/Contract
Control-Traffic-27-01 Bowen Street Reconstruction, and 03210410-6810-04701/Contract
Control-Admin Cost-27-01 Bowen Street Reconstruction).
RECOMMENDATIONS
I recommend approval of the State/Municipal Agreement.
Approved:
Mark A. Rohloff
City Manager
JER/tlt
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STATE/MUNICIPAL AGREEMENT
FOR A STATE- LET URBANIZED
AREA STP-URBAN PROGRAM
PROJECT
Program Name: STP-Urban
Population Group: 50,000 - 200,000
Sub-program #: 206
Cycle: SFY 2022-2027
Date: June 16, 2022
I.D.: 4994-01-30/31
Roadway Name: BOWEN STREET
Limits: OTTER AVENUE TO EAST PARKWAY
AVENUE
County: WINNEBAGO
Roadway Length: 0.540 MILES
Functional Classification: MINOR ARTERIAL
Project Sponsor: CITY OF OSHKOSH
The signatory, CITY OF OSHKOSH, hereinafter called the Municipality, through its undersigned duly authorized
officers or officials, hereby requests the State of Wisconsin Department of Transportation, hereinafter called the
State, to initiate and effect the highway or street improvement hereinafter described.
The authority for the Municipality to enter into this agreement with the State is provided by Sections 86.25(1), (2),
and (3) and Section 66.0301 of the Statutes.
NEEDS AND ESTIMATE SUMMARY:
All components of the project must be defined in the environmental document if any portion of the project is
federally funded. The Municipality agrees to complete all participating and any non-participating work included in
this improvement consistent with the environmental document. No work on final engineering and design may
occur prior to approval of the environmental document.
Existing Facility - Describe and give reason for request: This 0.540-mile, 34-foot wide, urban 2-lane facility
was last improved in 1969. The existing roadway consists of concrete pavement with two 12-foot lanes
with parking on the west side of the street, integral concrete curb concrete sidewalk on both sides. The
existing facility does not provide for on-road bicycle accommodations. The existing facility roadway has
reached the end of its useful service life. The existing concrete pavement has many areas of transverse
cracking along with concrete panel settlement. The existing storm sewer system is inadequately sized
and the existing water and sanitary utility facilities are in need of repair/replacement.
Proposed Improvement - Nature of work: Reconstruction-Modernization – This urban facility is proposed to
be reconstructed to meet WisDOT standards with installation of new concrete pavement, base, concrete
curb and gutter, storm water sewer system, new traffic signals at Merritt Avenue, sidewalk replacement
as needed, ADA compliant curb ramps, decorative lighting and bicycle accommodations. Minor property
interests are anticipated for installation of curb ramps and grading. The roadway will be closed to thru
traffic with detour.
Describe non-participating work included in the project and other work necessary to completely finish the project
that will be undertaken independently by the Municipality. Please note that non-participating components of a
project/contract are considered part of the overall project and will be subject to applicable federal requirements:
Maintenance and repair of haul roads, detour, improvements/adjustments to water main and sanitary
sewer facilities and roadway widths exceeding WisDOT standards.
The Municipality agrees to the following 2022-2027 Urbanized Area project funding conditions:
Project ID 4994-01-30 non-participating design costs which include State review, real estate, railroad and utility
costs are 100% the responsibility of the Municipality.
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Project ID 4994-01-31 construction costs are funded with up to 80% federal funding up to a funding limit of
$1,883,128. The Municipality agrees to provide the remaining 20% and any funds in excess of the $1,883,128
federal funding limit.
Non-participating construction costs which include, but is not limited to, relocation/adjustments to water and
sanitary sewer facilities and maintenance and repair of haul roads, detour(s) are 100% the responsibility of the
Municipality. Any work performed by the Municipality prior to federal authorization is not eligible for federal
funding. The Municipality will be notified by the State that the project is authorized and available for charging.
This project is currently scheduled in State Fiscal Year 2027. Sunset date: June 30, 2032
Sunset Date is determined based on the date a project is scheduled to be authorized. Sunset date is
calculated as six years from the beginning of the state fiscal year (SFY) in which a project is initially scheduled.
Extensions may be available upon approval of a written request by or on behalf of the Municipality to State.
The written request shall explain the reasons for project implementation delay and revised timeline for project
completion.
The dollar amounts shown in the Summary of Costs Table below are estimates. The final Municipal share is
dependent on the final federal participation, and actual costs will be used in the final division of cost for billing
and reimbursement. In no event shall federal or State funding exceed the estimate of $1,883,128 in the
Summary of Costs Table, unless such increase is approved in writing by the State through the State’s Change
Management Policy prior to the Municipality incurring the increased costs.
*Construction ID# 4994-01-31 federal funding is limited to $1,883,128.
This request is subject to the terms and conditions that follow (pages 3 – 8) and is made by the undersigned
under proper authority to make such request for the designated Municipality and upon signature by the State
and delivery to the Municipality shall constitute agreement between the Municipality and the State. No term or
provision of neither the State/Municipal Agreement nor any of its attachments may be changed, waived or
terminated orally but only by an instrument in writing executed by both parties to the State/Municipal Agreement.
PHASE Total Est. Cost
Federal
Funds % Municipal Funds %
ID 4994-01-30
State Review $22,200 $0 0% $22,200 100%
Project Totals $22,200 $0 $22,200
ID 4994-01-31
Participating Construction $3,731,160 $1,779,561 80% * $1,951,599 20% + BAL
Non-Participating Construction $3,755,254 $0 0% $3,755,254 100%
Construction Engineering $192,746 $91,929 80% * $100,817 20% + BAL
State Review $24,400 $11,637 80% * $12,763 20% + BAL
Project Totals $7,703,560 $1,883,128 $5,820,432
Total Est. Cost Distribution $7,725,760 $1,883,128 N/A $5,842,632 N/A
SUMMARY OF COSTS
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Signatures certify the content has not been altered by the municipality.
Signed for and in behalf of: CITY OF OSHKOSH (please sign in blue ink.)
Name Title Date
Signed for and in behalf of the State:
Name Title Date
GENERAL TERMS AND CONDITIONS:
1. All projects must be in an approved Transportation Improvement Program (TIP) or State Transportation
Improvement Program (STIP) prior to requesting authorization.
2. Work prior to federal authorization is ineligible for federal funding.
3. The Municipality, throughout the entire project, commits to comply with and promote all applicable federal
and state laws and regulations that include, but are not limited to, the following:
a. Environmental requirements, including but not limited to those set forth in the 23 U.S.C. 139 and
National Environmental Policy Act (42 U.S.C. 4321 et seq.)
b. Equal protection guaranteed under the U.S. Constitution, WI Constitution, Title VI of the Civil Rights
Act and Wis. Stat. 16.765. The municipality agrees to comply with and promote applicable Federal and
State laws, Executive Orders, regulations, and implementing requirements intended to provide for the
fair and equitable treatment of individuals and the fair and equitable delivery of services to the public.
In addition the Municipality agrees not to engage in any illegal discrimination in violation of applicable
Federal or State laws and regulations. This includes but is not limited to Title VI of the Civil Rights Act
of 1964 which provides that “no person in the United States shall, on the ground of race, color, or
national origin, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal financial assistance.” The Municipality
agrees that public funds, which are collected in a nondiscriminatory manner, should not be used in
ways that subsidize, promote, or perpetuate illegal discrimination based on prohibited factors such as
race, color, national origin, sex, age, physical or mental disability, sexual orientation, or retaliation.
c. Prevailing wage requirements, including but not limited to 23 U.S.C 113.
d. Buy America Provision and its equivalent state statutes, set forth in 23 U.S.C. 313 and Wis. Stat.
16.754.
e. Competitive bidding and confidentiality requirements set forth in 23 U.S.C 112 and Wis. Stat. 84.06.
This includes the sharing of financial data prior to the conclusion of the competitive bid period.
f. All applicable Disadvantaged Business Enterprise (DBE) requirements that the State specifies.
g. Federal statutes that govern the Surface Transportation Program (STP), including but not limited to 23
U.S.C. 133.
h. General requirements for administering federal and state aid set forth in Wis. Stat. 84.03.
STATE RESPONSIBILITIES AND REQUIREMENTS:
4. Funding of each project phase is subject to inclusion in Wisconsin’s approved 2022-2027 Urbanized Area
STP-Urban program. Federal funding will be limited to participation in the costs of the following items, as
applicable to the project:
a. The grading, base, pavement, and curb and gutter, sidewalk, and replacement of disturbed driveways
in kind.
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b. The substructure, superstructure, grading, base, pavement, and other related bridge and approach
items.
c. Storm sewer mains necessary for the surface water drainage.
d. Catch basins and inlets for surface water drainage of the improvement, with connections to the storm
sewer main.
e. Construction engineering incident to inspection and supervision of actual construction work (except for
inspection, staking, and testing of sanitary sewer and water main).
f. Signing and pavement marking.
g. New installations or alteration of street lighting and traffic signals or devices.
h. Landscaping.
5. The work will be administered by the State and may include items not eligible for federal participation.
6. As the work progresses, the State will bill the Municipality for work completed which is not chargeable to
federal funds. Upon completion of the project, a final audit will be made to determine the final division of
costs subject to project funding limits in the Summary of Costs Table. If reviews or audits show any of the
work to be ineligible for federal funding, the Municipality will be responsible for any withdrawn costs
associated with the ineligible work.
MUNICIPAL RESPONSIBILITIES AND REQUIREMENTS:
7. Work necessary to complete the 2022-2027 Urbanized Area STP-Urban improvement project to be financed
entirely by the Municipality or other utility or facility owner includes the items listed below.
a. New installations of or alteration of sanitary sewers and connections, water, gas, electric, telephone,
telegraph, fire or police alarm facilities, parking meters, and similar utilities.
b. Damages to abutting property after project completion due to change in street or sidewalk widths,
grades or drainage.
c. Detour routes and haul roads. The municipality is responsible for determining the detour route.
d. Conditioning, if required and maintenance of detour routes.
e. Repair of damages to roads or streets caused by reason of their use in hauling materials incident to
the improvement.
f. All work related to underground storage tanks and contaminated soils.
g. Street and bridge width in excess of standards, in accordance with the current WisDOT Facilities
Development Manual.
h. Preliminary engineering and design.
i. State review services.
8. The construction of the subject improvement will be in accordance with the appropriate standards unless an
exception to standards is granted by State prior to construction. The entire cost of the construction project,
not constructed to standards, will be the responsibility of the Municipality unless such exception is granted.
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9. Work to be performed by the Municipality without federal funding participation necessary to ensure a
complete improvement acceptable to the Federal Highway Administration 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 is responsible for financing administrative expenses related to Municipal project
responsibilities.
11. The Municipality will include in all contracts executed by them a provision obligating the contractor not to
discriminate against any employee or applicant for employment because of age, race, religion, color,
handicap, sex, physical condition, developmental disability as defined in Wis. Stat.51.01 (5), sexual
orientation as defined in Wis. Stat. 111.32 (13m), or national origin.
12. The Municipality will pay to the State all costs incurred by the State in connection with the improvement that
exceed federal financing commitments or are ineligible for federal financing. To guarantee the Municipality’s
foregoing agreements to pay the State, the Municipality, through its above duly authorized officers or
officials, agrees and authorizes the State to set off and withhold the required reimbursement amount as
determined by the State from any moneys otherwise due and payable by the State to the Municipality.
13. In accordance with the State’s sunset policy for Local Bridge Program projects, the subject 2022-2027 STP
improvement must be constructed and in final acceptance within six years from the beginning of the state
fiscal year (SFY) in which a project is initially scheduled. Extensions may be available upon approval of a
written request by or on behalf of the Municipality to State. The written request shall explain the reasons for
project implementation delay and revised timeline for project completion.
14. If the Municipality should withdraw the project, it will reimburse the State for any costs incurred by the State
on behalf of the project.
15. The Municipality will at its own cost and expense:
a. Maintain all portions of the project that lie within its jurisdiction (to include, but not limited to,
cleaning storm sewers, removing debris from sumps or inlets, and regular maintenance of the
catch basins, curb and gutter, sidewalks and parking lanes [including snow and ice removal]) for
such maintenance in a manner consistent with reasonable industry standards, and will make ample
provision for such maintenance each year.
b. Regulate [or prohibit] parking at all times in the vicinity of the proposed improvements during
construction.
c. Regulate [or prohibit] all parking at locations where and when the pavement area usually occupied
by parked vehicles will be needed to carry active traffic in the street.
d. 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.
e. Provide complete plans, specifications, and estimates to State upon request.
f. Provide relocation orders and real estate plats to State upon request.
g. Use the WisDOT Utility Accommodation Policy unless it adopts a policy, which has equal or more
restrictive controls.
h. Provide maintenance and energy for lighting.
i. Provide proper care and maintenance of all landscaping elements of the project including
replacement of any plant materials damaged by disease, drought, vandalism or other cause.
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16. It is further agreed by the Municipality that:
a. The Municipality assumes full responsibility for the design, installation, testing and operation of any
sanitary sewer and water main infrastructure within the improvement project and relieves the state
and all of its employees from liability for all suits, actions, or claims resulting from the sanitary
sewer and water main construction under this agreement.
b. The Municipality assumes full responsibility for the plans and special provisions provided by their
designer or anyone hired, contracted or otherwise engaged by the Municipality. The Municipality is
responsible for any expense or cost resulting from any error or omission in such plans or special
provisions. The Municipality will reimburse State if State incurs any cost or expense in order to
correct or otherwise remedy such error or omission or consequences of such error or omission.
c. The Municipality will be 100% responsible for all costs associated with utility issues involving the
contractor, including costs related to utility delays.
d. 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 with by the Federal Highway Administration.
e. 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.
f. The Municipality is responsible for any damage caused by legally hauled loads, including permitted
oversize and overweight loads. The contractor is responsible for any damage caused to haul roads
if they do not obey size and weight laws, use properly equipped and maintained vehicles, and do
not prevent spilling of materials onto the haul road (WisDOT Standard Specifications 618.1, 108.7,
107.8). The local maintaining authority can impose special or seasonal weight limitations as
defined in Wis. Stat. 349.16, but this should not be used for the sole purpose of preventing hauling
on the road.
The bid item 618.0100 Maintenance and Repair of Haul Roads (project) is ineligible for federal
funding on local program projects as per the State/Municipal Agreement. The repair of damages
as a result of hauling materials for the project is the responsibility of the Municipality as specified in
the State/Municipal Agreement Terms and Conditions under Municipal Responsibilities and
Requirements.
LEGAL RELATIONSHIPS:
17. The State shall not be liable to the Municipality for damages or delays resulting from work by third parties.
The State also shall be exempt from liability to the Municipality for damages or delays resulting from
injunctions or other restraining orders obtained by third parties.
18. The State will not be liable to any third party for injuries or damages resulting from work under or for the
Project. The Municipality and the Municipality’s surety shall indemnify and save harmless the State, its
officers and employees, from all suits, actions or claims of any character brought because of any injuries or
damages received or sustained by any person, persons or property on account of the operations of the
Municipality and its sureties; or on account of or in consequence of any neglect in safeguarding the work; or
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because of any act or omission, neglect or misconduct of the Municipality or its sureties; or because of any
claims or amounts recovered for any infringement by the Municipality and its sureties of patent, trademark or
copyright; or from any claims or amounts arising or recovered under the Worker's Compensation Act,
relating to the employees of the Municipality and its sureties; or any other law, ordinance, order or decree
relating to the Municipality's operations.
19. Contract modification: This State/Municipal Agreement can only modified by written instruments duly
executed by both parties. No term or provision of either this State/Municipal Agreement or any of its
attachments may be changed, waived or terminated orally.
20. Binding effects: All terms of this State/Municipal Agreement shall be binding upon and inure to the benefits
of the legal representatives, successors and executors. No rights under this State/Municipal Agreement
may be transferred to a third party. This State/Municipal Agreement creates no third-party enforcement
rights.
21. Choice of law and forum: This State/Municipal Agreement shall be interpreted and enforced in accordance
with the laws of the State of Wisconsin. The Parties hereby expressly agree that the terms contained herein
and in any deed executed pursuant to this State/Municipal Agreement are enforceable by an action in the
Circuit Court of Dane County, Wisconsin.
PROJECT FUNDING CONDITIONS
22. Non-appropriation of funds: With respect to any payment required to be made by the State under this
State/Municipal Agreement, the parties acknowledge the State’s authority to make such payment is
contingent upon appropriation of funds and required legislative approval sufficient for such purpose by the
Legislature. If such funds are not so appropriated, either the Municipality or the State may terminate this
State/Municipal Agreement after providing written notice not less than thirty (30) days before termination.
23. Maintenance of Records: During the term of performance of this State/Municipal Agreement, and for a
period not less than three years from the date of final payment to the Municipality, records and accounts
pertaining to the performance of this State/Municipal Agreement are to be kept available for inspection and
audit by representatives of the Department. The Department reserves the right to audit and inspect such
records and accounts at any time. The Municipality shall provide appropriate accommodations for such
audit and inspection.
In the event that any litigation, claim or audit is initiated prior to the expiration of said records maintenance
period, the records shall be retained until such litigation, claim or audit involving the records is complete.
24. The Municipality agrees to the following 2022-2027 Urbanized Area STP-Urban project funding conditions:
a. ID 4994-01-30: Design is funded 100% by the Municipality. This phase includes plan development and
state review. The work includes project review, approval of required reports and documents and
processing the final Plan, Specification & Estimate (PS&E) document for award of the contract. Costs
for this phase include an estimated amount for state review activities, to be funded 100% by the
Municipality.
b. Real estate is funded 100% by the Municipality. Real estate acquisition is 100% the responsibility of the
Municipality.
c. Utility items are funded 100% by the Municipality.
d. ID 4994-01-31: Construction:
i. Costs for items such as grading, gravel, asphalt, curb & gutter, sidewalk, traffic control, etc. are
funded with 80% federal funding up to a funding limit of $1,883,128, when the Municipality agrees
to provide the remaining 20%, and any funds in excess of the $1,883,128 federal funding limit.
ii. Non-participating costs for water and sanitary facilities, utilities, maintenance and repair of haul
roads and detours are funded 100% by the Municipality. Costs include construction delivery.
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iii. Costs for this phase include an estimated amount for state review activities, to be funded 80% with
federal funding and 20% by the Municipality.
[End of Document]