HomeMy WebLinkAbout07-345
NOVEMBER 27, 2007
07-345
RESOLUTION
(CARRIED ( -0 LOST
LAID OVER
WITHDRAWN
INITIATED BY:
APPROVE REVISED AGREEMENT WITH WISCONSIN
DEPARTMENT OF TRANSPORTATION FOR US HIGHWAY 45 &
MAIN STREET (FOX RIVER TO IRVING AVENUE) ($3,503,973.00)
DEPARTMENT OF PUBLIC WORKS
PURPOSE:
BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached
Revised Agreement with Wisconsin Department of Transportation for reconstruction of
Main Street from Fox River to Irving 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.
BE IT FURTHER RESOLVED that money for this purpose is hereby appropriated
from:
Acct. No. 315-0410-6401-00000 -- Street Improvement Fund - Contractual Services
Acct. No. 541-1810-1799-00000 -- Water Utility - Construction in Progress
Acct. No. 551-1910-1799-00000 -- Sewer Utility - Construction in Progress
Acct. No. 561-2010-1799-00000 -- Storm Water Utility - Construction in Progress
REVISED
STATE / MUNICIPAL AGREEMENT
FORA
HIGHWAY IMPROVEMENT PROJECT
September 21, 2007
4110-16-00/21/71
mGHWAY:, USH 45 LENGTH: 0.25 (0.75)
LIMITS: Main Street, City of Oshkosh
Fox River - Irving Avenue
Winnebago
COUNTY:
DATE:
lD.:
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 Section 86.25(1),
(2), and (3) of the Statutes.
NEEDS AND ESTIMATE SUMMARY:
Existing Facility (describe and give reason for request): Main Street within our project limits is an urban roadway running through
downtown Oshkosh. Segment of Main Street (USH 45) from Fox River to Algoma Boulevard is connecting highway. Segment of
Main Street from Algoma Boulevard to Irving A venue is local street. City of Oshkosh requested this reconstruction project as part of
downtown development plan with streetscaping
Proposed Improvement (nature of work): Reconstruct Main Street from Fox River to Irving Avenue.
Describe non-participating work included in the project contract: Portion of Main Street from Algoma Boulevard to Irving
Avenue is a local street so this segment of reconstruction (including all streetscaping within this segment) is non-participating. All
sanitary sewer and water main replacement is non-participating. Other non-participating items include sealing con<;rete pavement
joints and hazardous material remediation. Streetscaping above Federal/State limits within the Fox River to Algoma Boulevard
segment is iUso non-participating.
Describe other work necessary to rmish the project completely which will be undertaken independently by the Municipality:
Municipality has signed separate design contract with consultant to complete full design, including final road plans, for Main Street
reconstruction from Algoma Boulevard to Irving A venue. Municipality is responsible for acquiring all real estate for the project and
can then apply for reimbursement of the real estate costs from the Fox River to Algoma Boulevard as per the table below.
J?HASE ESTIMATED COST
Total Federal! State Municipal
Estimated Cost Funds % Funds %
Preliminary Engineering *:
Plan Development $ 150,000 $ 112,500 75 $ 37,500 25
State Review and Proratable $ 25,000 $ 18,750 75 $ 6,250 25
Real Estate Acquisition *:
Acauisition $ 40,000 $ 30,000 75 $ 10,000 25
Construction (participating):
Category 010 - Roadway $ 1,200,000 $ 1,200,000 100 $0 0
Category 010 - Parking Lanes $ 23,500 $0 $ 23,500 LS
Category 010 - Concrete Pavement $ 6,723 $0 $ 6,723 LS
City Preference
Category 020 - Streetscaping $ 36,700 $ 36,700 ** 100 $0 0
SUBTOTAL: $1,481,923 $1,397,950 $ 83,973
Construction (Non-Participating):
Category 030 - Non-Participating $ 3,420,000 $0 0 $ 3,420,000 100
TOTAL COST DISTRIBUTION: $ 4,901,923 $ f,397,950 $ 3,503,973
* Costs are only for segment of Main Street from Fox River to Algoma Boulevard.
** Federal/State funds for streetscaping from the Fox River to Algoma Boulevard are available through the
Community Sensitive Design program. Total Federal/State funds within this category are capped at $36,700.
Any streetscaping funds that exceed this amount are 100% the responsibility of the City of Oshkosh.
This request is subject to the terms and conditions that follow and is made by the undersigned under proper
authority to make such a request for the designated Municipality and upon acceptance by the State shall
constitute agreement between the Municipality and the State.
Signed for and in behalf of
Municipality
Name
Title
Date
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TERMS AND CONDITIONS:
1. The initiation and accomplishment of the improvement will be subject to the applicable Federal and State
regulations.
2. The Municipality will pay to the State all costs incurred by the State in connection with the improvement
which exceed Federal/State financing commitments or are ineligible for Federal/State financing.
3. Funding of each project phase (preliminary engineering, real estate, construction, and other) is subject to
inclusion in an approved program. Federal aid and/or State transportation fund fmancing will be limited to
participation in the costs of the following items as specified in the estimate summary:
a) The grading, base, pavement, and curb and gutter.
b) Catch basins and inlets for surface water drainage of the improvement with connections to the storm
sewer main.
c) Construction engineering incidental to inspection and supervision of actual construction work.
d) Signing and pavement marking including detour routes.
e) Compensable utility adjustment.
f) Storm Sewer mains necessary for the surface water drainage.
g) Construction or replacement of sidewalks and surfacing of private driveways.
h) New installations of or alteration of street lighting and traffic signals or devices.
i) Real estate for the improvement.
j) Preliminary engineering and State review services. .
4. Work necessary to complete the improvement to be financed entirely by the Municipality or other utility or
facility owner includes the following items:
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 due to change in street or sidewalk widths, grades, or drainage.
c) Conditioning, if required, and maintenance of detour routes.
d) Repair damages to roads or streets cause by reason of their use in hauling materials incidental to the
improvement.
5. As the work progresses, the Municipality will be billed for work completed which is not chargeable to
Federal/State funds. Upon completion of the project, a fmal audit will be made to determine the final
division of costs.
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6. If the Municipality should withdraw the project, it will reimburse the State for any costs incurred by the
State in behalf of the project.
7. The work will be administered by the State and may include items not eligible for Federal/State
participation.
8. The Municipality will at its own cost and expense:
a) Maintain all portions of the project that lie within its jurisdiction for such maintenance through statutory
requirements in a manner satisfactory to the State and will. make ample provision for such maintenance
each year.
b) Prohibit angle parking.
c) Regulate or prohibit all parking at locations where and when the pavement area usually occupied by
parking vehicles will be needed to carry active traffic in the street.
d) In cooperation with WisDOT - Northeast Region office, assist with public information and public
relations for the project and announcements 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, relocation order, real estate plat, and estimates and acquire any
necessary real estate for the portion of Main Street from Algoma Boulevard to Irving Avenue.
. f) Provide complete plans, specifications, relocation order, real estate plat, and estimates for any Sanitary
and Water system work the Municipality wants to let with the State's project. During construction,
assume full responsibility for establishing line and grade, pressure and purification testing, and operation
of the sanitary and water systems. The Municipality 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.
g) Coordinate, cleanup, and. fund any hazardous materials encountered during Municipality utility and
storm sewer installation and during roadway construction that is deemed necessary to be cleaned and
removed within the existing and new right-of-way. All hazardous material cleanup work shall be
performed in accordance with state and federal regulations. This shall include, but not be limited to, any
costs for the removal, stockpile, treatment, and backfilling of any contaminated materials encountered
including assuming future responsibility and liabilities. for filling over any previously identified
hazardous material source and for securing an environmental consultant if required, for management of
the contaminated soil.
h) Use the WisDOT Utility Accommodation Policy unless it adopts a policy which has equal or more
restrictive controls.r
9. Basis for Local Participation:
Preliminary Engineering - The segment of Main Street from the Fox River to Algoma Boulevard is a
connecting highway which requires 25% local share on the design engineering services.
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Real Estate - Real estate costs for the segment of Main Street :from the Fox River to Algoma Boulevard
are eligible for Federal/State participation. Due to the amount oflocal traffic on Main Street, the City of
Oshkosh is responsible for 25% of the real estate costs. City of Oshkosh is responsible for acquiring the
real estate and can then apply for reimbursement of75% of the real estate costs.
Construction - Category 010 - City of Oshkosh is responsible for the cost associated with maintaining
parking along the east side of Main Street from Ceape Avenue to Otter Avenue and along both sides of
Main Street :from Otter Avenue to Algoma Boulevard. This cost is a lump sum cost and is determined
based on the estimated cost of the parking lanes in these areas. The estimated cost of the parking lanes is
computed to be $23,500.
Construction - Category 010 - City of Oshkosh is responsible for the difference in life cycle costs of
choosing concrete pavement versus asphalt pavement. Concrete pavement is $6,723 more expensive
than the low-cost asphalt alternative based on total life cycle costs.
Construction - Category 020 - Streetscaping items :from the Fox River to Algoma Boulevard are
eligible for funding as part of the Community Sensitive Design program. Items within this category are
funded 100% by Federal/State funds, but the Federal/State funds are capped at $36,700. Funding for
streetscaping items that exceed this capped amount are 100% the responsibility of the City of Oshkosh.
Construction - Category 030 - All sanitary sewer and water main replacement for entire project is non-
participating. Other non-participating items include sealing concrete pavement joints and hazardous
material remediation. The. segment of Main Street :from Algoma Boulevard to Irving Avenue is a local
street so this segment of Main Street reconstruction (including all streetscaping within this segment) is
non-participating.
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