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HomeMy WebLinkAbout09-22JANUARY 27, 2009 09 -22 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN ) AS AMENDED PURPOSE: APPROVE AGREEMENTS WITH WISCONSIN DEPARTMENT OF TRANSPORTATION FOR RECONSTRUCTION OF US HWY 41: 1) Witzel Avenue / Washburn Street / Koeller Street / Rath Lane -- $245,200.00 2) Washburn Street / Sidewalk -- $11,000.00 3) Lake Buttes des Morts Drive / US 41 Overpass -- $16,000.00 4) Snell Road / US 41 -- $60,000.00 INITIATED BY: DEPARTMENT OF PUBLIC WORKS BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Agreements between the Wisconsin Department of Transportation and City of Oshkosh for Highway 41 reconstruction from four to six lanes from STH 26 — Breezewood Lane are 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. 215 - 0410 - 7480 -00000 Street Improvement Fund Expenditures AMENDMENT TO 2) Washburn Street/ sidewalk —ALL SIDEWALKS ON WASHBURN STREET TO BE INSTALLED (this would include the 700 feet in the Town of Algoma; cost of $2,800.00; scheduled in the 2010 Capital Inprovement Program) ( 0 OIHKOI ON THE WATER MEMORANDUM TO: FROM: DATE: RE: Honorable Mayor and Members of the Common Council Steven M. Gohde, Assistant Director of Public Works January 22, 2009 Approve Agreements/ Wisconsin Department of Transportation Highway 41 at Witzel Ave, Washburn St., Koeller St., Rath Lane ($245,200) DOT project 1120 -11 -21,71 BACKGROUND The Wisconsin Department of Transportation (DOT) is planning to reconstruct US Hwy 41 from State Hwy 26 to Breezewood Lane beginning in 2009. US Hwy 41 has reached its capacity and will be expanded to meet the public needs and improve safety. This work includes widening Washburn to four lanes, two in each direction and realigning of Washburn St. from the west side of Lowes through the Witzel intersection. The Witzel overpass of US Hwy 41 will be reconstructed, including two roundabouts. The bridges crossing Sawyer Creek at Washburn St. and Koeller St. will be enlarged for greater storm water capacity. Also, Rath Lane will be relocated to align with the future Oshkosh Ave /Koeller St. intersection. ANALYSIS The DOT has prepared cost estimates for the proposed work. The City has a credit with the DOT for the work the City performed in 2006 and 2007 to relocate Washburn St. from west of Lowes to State Hwy 21. This credit is in the amount of $1,849,000. The DOT has applied this credit to the City's portion of the costs associated with widening Washburn St. The agreement is for the remainder of the cost to widen Washburn St. and new sidewalk installation along areas of Koeller St and Rath Ln. The DOT is bearing all other costs associated with the project. FISCAL IMPACT Funds will be included in the 2010 Capital Improvement Program Street Construction and Sidewalk Sections. The total estimated net cost to the City (after the credit is applied) is $245,200. RECOMMENDATIONS I recommend approval of the State /Municipal Agreement. Respectfully Submitted, .,,� 7W� Steven M. Gohde Asst. Director of Public Works Approved: City Manager H: \steveng \council memos\DOT Agreement Wash Rath Koellendoc ( 0 Of HKOf H ON THE WATER MEMORANDUM TO: FROM DATE: RE: Honorable Mayor and Members of the Common Council Steven M. Gohde, Assistant Director of Public Works January 22, 2009 Approve Agreements/ Wisconsin Department of Transportation Highway 41 at Lake Butte des Morts Drive ($16,000) DOT project 1120 -11 -74 BACKGROUND The Wisconsin Department of Transportation (DOT) is planning to reconstruct US Hwy 41 from State Hwy 26 to Breezewood Lane beginning in 2009. US Hwy 41 has reached its capacity and will be expanded to meet the public needs and improve safety. This work involves reconstruction of Lake Butte des Morts Drive as a result of the US Hwy 45 and 41 interchange. ANALYSIS The DOT has prepared cost estimates for the proposed work. The DOT is paying all costs except for City requested sealing of concrete joints. The City standard is to seal joints on new concrete roads to extend the life of the pavement. FISCAL IMPACT Funds will be included in the 2010 Capital Improvement Program Street Construction Section. The total estimated cost to the City is $16,000. RECOMMENDATIONS I recommend approval of the State /Municipal Agreement. Resp ectfully Submitted,, 4 6&� 7W44' Steven M. Gohde Asst. Director of Public Works Approved: City Manager H:\stevenglcouncil memos\DOT Agreement Lake Butte des Morts Drive. doc DATE: December 15, 2008 STATE / MUNICIPAL AGREEMENT I.D" 1120 -11 -21,71 FOR A HIGHWAY: US 41 LENGTH: 0.0 HIGHWAY IMPROVEMENT PROJECT LIMITS: STH 21- US 45 COUNTY: ` Winnebago 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): US 41 will be reconstructed from four to six lanes from STH 26 - Breezewood Lane. US 41 has reached its capacity and upgrading capacity will meet the future needs of the travelling public along with improving safety. Proposed Improvement (nature of work): Reconstruct Witzel Avenue Overpass over US 41 to gain vertical clearance; reconstruction Washburn Street to a 4 lane urban street with terrace and sidewalk on west side from Lowe's to Witzel including roundabouts at Witzel/Washburn; replacement of Washburn Street and Koeller Street bridges over Sawyer Creek; and completion of Rath Lane cul -de -sac to provide access to properties along STH 21. Describe non - participating work included in the project contract: Sanitary sewer manhole adjustments and sealing of concrete pavement joints: Describe other work necessary to finish the project completely which will be undertaken independently by the Municipality: Relocation of water main and sanitary sewer in conflict with project will be relocated prior to project with its own City contract. PHASE ESTIMATED COST Federal / State Municipal Total Estimated Cost Funds % Funds % Real Estate Acquisition: Project ID 1120 -11 -21 Acquisition of Parcels for Plat $ 19,351,000 $ 18,597,000 100% $ 754,000 L.S. 1120 -11 -21 Credit for Parcel 84 182,700) L.S. Remaining Construction Credit ** (426,100) L.S. Real Estate TOTAL: $ 19,351,000 $ 19,205,800 $145,200 L.S. Construction (Participating): Project ID 1120 -11 -71 Category 0010 - Roadway Items $7,700,000 $ 7,700,000 100 $1,250,000 L.S. Category 0020 - Sign Structures $ 180,000 $ 180,000 100 $ 0 0 Category 0030 — B -70 -257 Witzel Ave. $1,400,000 $1,400,000 100 $ 0 0 Overpass Category 0040 — B -70 -261 Washburn $325,000 $325,000 50 $162,500 50 Street over Sawyer Creek Category 0050 — B -70 -278 Koeller Street $325,000 $325,000 100 $0 0 over Sawyer Creek Category 0060 - R -70 -22 West Side of $90,000 $90,000 100 $0 0 B -70 -257 Category 0070 — R -70 -23 East Side of B- $90,000 $90,000 100 $0 0 70 -257 Category 0080-,R-70-38 West Side of $30,000 $30,000 100 $0 0 Washburn Category 0090 — Community Sensitive $40,000 $40,000 100 $0 0 Design Items — Roundabout Landscaping Category 0100 -New Sidewalk. $52,000 $52,000 80 $10,400 20 SUBTOTAL: $ 10,232,000 $ 10,232,000 $1,422,900 Construction (Non - Participating): Category 0110 - Non - Participating $ 100,000 $ 0 0 $100,000 100 Construction SUBTOTAL: $10,332,000 $10,232,000 $100,000 Credit for Washburn Street Construction by City in 2007 1,849,000) TOTAL COST DISTRIBUTION: $ 29,683,000 $ 29,437,800 $ 245,200 * ** The numbers in italics in the Municipal Funds column are shown to illustrate how WisDOT is accounting for $1,422,900 of the Washburn Street credit of $1,849,000. The Municipality will not be billed for items categories 0010 & 0040. ** The remaining Construction Credit is determined fr om: $1,849,000 - $1,422,900 = $426,100. This Remaining Construction Credit amount is applied towards the Municipality's lump sum for Real Estate. * ** The total Municipal amount is the sum of the Real Estate lump sum of $145,200 & category 0110 (Sanitary & Water) non - participating amount of $100,000 = $245,200 The. items in category 0110 cannot be applied towards the Washburn Street Credit. WisDOT may not use Federal or State funds for Sanitary or Water system work. 2 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 3 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 financing 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 (does not include additional upsizing of storm sewer main requested by Municipality). g) Replacement of sidewalks and resurfacing of private driveways, necessitated by the project. h) New installations of street lighting and traffic signals or devices at the time of construction. i) Alteration of existing street lighting and traffic signal devices necessitated by the project. j) Real estate for the improvement. k) 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. 4 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 final audit will be made to determine the , final division of costs. 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. Structure B -70 -257 (Witzel Avenue over US 41) will remain a WisDOT owned structure and WisDOT's responsibility to maintain the integrity of the structure. 9. Structures B -70 -261 (Washburn Street over Sawyer Creek) and B -70 -278 (Koeller Street over Sawyer Creek) will become City of Oshkosh owned and City of Oshkosh's responsibility to inspect and maintain the integrity of the structure. 10. Retaining wall R -70 -38 will become City of Oshkosh owned and Oshkosh's responsibility to inspect and maintain the integrity of the retaining wall. 11. 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. This includes any necessary maintenance of the landscaping within the center of roundabout after the 2 -year maintenance period specified within the construction contract. 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) Use the WisDOT Utility Accommodation Policy unless it adopts a policy which has equal or more restrictive controls. e) Maintain clay pavers in the roundabout splitter islands that City of Oshkosh requested to be installed with the project f) Provide complete plans, specifications, 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)" Maintain all sidewalks constructed with the project. Maintenance will include snow removal from the sidewalk and mowing of the grass in the terrace between Washburn Street and the sidewalk. Maintenance will include snow removal across sidewalk on Witzel Avenue structure over and all sidewalks around the roundabouts. 5 12. Basis for Local Participation: Real Estate— WisDOT is - shifting US 41 west to accommodate 6 lanes of STS 41. Shifting US 41 west - - requires Washburn Street to shift west in its alignment. WisDOT is responsible for replacing Washburn Street with a 2 -lane roadway with 5 -foot terrace and 5 foot sidewalk and City requested a four lane urban street. City of Oshkosh is responsible for extra right -of -way cost to construct Washburn Street to 4 lanes with terrace and sidewalk to the west. A lump sum amount of $75.4,000 was estimated based on the right -of -way needed for both scenarios and costs used to acquire the properties. A credit of $182,700 is given for the acquisition of Parcel 84 on Plat 1120 -11 -21 that is owned by City of Oshkosh. Credit is based on appraisal completed on fair market value of the property. Construction — Category 0010 - Construction of the roadway items for Washburn Street is shared 50% Federal/State and 50% City of Oshkosh with an estimated L.S. to City for $1,250,000. Remainder of work on Witzel Avenue and Rath Lane is included 100% Federal /State portion. Construction = Category 0020 — Sign structures required for the roundabouts are 100% Federal/State Construction — Category 0030 — Construction of B -70 -257 Witzel Avenue structure over US 41 are 100% Federal/State funded. Construction — Category 0040 — Construction of B -70 -261 Washburn Street over Sawyer Creek is 50% Federal/State funded and 50% City of Oshkosh funded. Construction Category 0050 — Construction of B -70 -278 Koeller Street over Sawyer Creek is 100% Federal/Sate funded. Replacement is being done to improve hydraulics and not cause backwater issues. Construction — Category 0060 — Retaining wall R -70 -22 in front of west abutment of B -70 -257 is 100% Federal/State funded. Construction — Category 0070 — Retaining wall R -70 -23 in front of east abutment of B -70 -257 is 100 % . Federal/State funded. Construction — Category 0080 — Retaining wall R -70 -38 west side of Washburn Street south of Witzel Avenue is being constructed to eliminate real estate impacts and is 100% Federal /State funded. Construction - Category 0090 — Community Sensitive Design Items is 100% Federal/State funded and include the landscaping in the roundabouts at Witzel/Washburn and Witzel/Koeller. Construction — Category 0100 - Construction of new sidewalk in areas where it does not exist today is 80% Federal/State funded and 20% City of Oshkosh funded. Construction - Category 0110 — Non - participating items in the contract all sanitary sewer and water manhole adjustments and sealing concrete pavement joints and are 100% City of Oshkosh funded. Credit for Washburn Street Construction completed by City of Oshkosh in 2007 is $1,849,000 based on 50 % cost share between WisDOT and City of Oshkosh for the roadway construction ($1,125,176 * 50% _ $562,588) and 75% City /25 %o DOT cost share for the real estate. ($5,145,270 * 25 % = $1,286,318) 6 STATE / MUNICIPAL AGREEMENT FOR A HIGHWAY IMPROVEMENT PROJECT DATE: December 15, 2008 I.D.: 1120 -I - 80 HIGHWAY: US 41 LENGTH: 0.000 LIMITS: STH 21— US 45 COUNTY: Winnebago 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): US 41 will be reconstructed from four to six lanes from STH 26 - Breezewood Lane. US 41 has reached its capacity and upgrading capacity will meet the future needs of the travelling public along with improving safety. With the US 41 project Washburn Street will be reconstructed from Witzel Avenue north to the existing Washburn Street near Lowe's. Proposed Improvement (nature of work): Install sidewalk along west side of Washburn Street from station 16 +76 to 51 +50. Describe non - participating work included in the project contract: None Describe other work necessary to finish the project completely which will be undertaken independently by the Municipality: None PHASE Total Estimated Cost ESTIMATED COST Federal 1 State Funds % Municipal Funds % Construction Project ID 1120 -11 -80 Category 0010 —New Sidewalk $ 55,000 $ 44,000 80 $ 11,000 20 SUBTOTAL: $ 55,000 $ 44,000 80 $ 11,000 20 TOTAL COST DISTRIBUTION: $ 55,000 $ $44,000 $ 11,000 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 Name Municipality Title Date 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 financing 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 (does not include additional upsizing of storm sewer main requested by Municipality). 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) 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. 2 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 final audit will be made to determine the final division of costs. 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. T 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 drainage facilities (including storm sewers), maintain the terrace between Washburn Street and the new sidewalk, and snow removal from any sidewalks on the project. 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) Use. the WisDOT Utility Accommodation Policy unless it adopts a policy which has equal or more restrictive controls. 9. Basis for Local Participation: Category 010: New Sidewalk is 80% State/Federal funds and 20% City of Oshkosh funds per WisDOT policy for new sidewalk constructed in areas where it did not exist prior to the project. DATE: January 8, 2009 STATE / MUNICIPAL AGREEMENT FOR A HIGHWAY IMPROVEMENT PROJECT I.D.: 1120 -11 -74 HIGHWAY: US 41 LENGTH: 1.141 LIMITS: STH 21 - US 45 COUNTY: Winnebago 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 SUNEVIARY: Existing Facility (describe and .give reason for request): US 41 will be reconstructed from four to six lanes from STH 26 - Breezewood Lane. US 41 has reached its capacity and upgrading capacity will meet the future needs of the travelling public along with improving safety. Proposed Improvement (nature of work): With this US 41 project, Lake Butte des Morts Drive will be reconstructed with a new bridge over US 41 south of US 45 and will connect into Algoma Boulevard. This work is being done to accommodate the facture US 41/45 Interchange. Describe non - participating work included in the project contract: Sealing concrete joint pavement joints on Lake Butte des Morts Drive, Describe other work necessary to finish the project completely which will be undertaken independently by the Municipality: Anysamtary or water main reiocanon for rr� G� �� -i l -� ._• �...�.�.0 - - ESTIMATED - ________ COST . PHASE Federal / State Municipal Total Estimated Cost Funds ° /o Fun ds Construction (Participating): Project 1120 -11 -74 Category 0010 — Roadway Items $14,000,000 $14,000,000 100% $0 0% Category 0020 - B -70 -271 $560,000 $560,000 100% $0 0% Category 0030 -B -70 -272 $1,900,000 $1,900,000 100 %0 $0 0 % Category 0040 - B -70 -275 $490,000 $490,000 100% $0 0% Category 0050 - B -70 -277 $190,000 $190,000 100% $0 0% Category 0060 - R -70 -20 $520,000 $520,000 100% $0 0% Category 0070 - R -70 -21 383,000 $383,000 100% $0 0 % SUBTOTAL: $18,043,000 $18,043,000 0 Construction (Non- Participating): $16,000 $0 0 $16,000 100% Category 0080 - City of Oshkosh Concrete Joint Sealer Construction (Non- participating): $6000 $0 0 $6000 100% Category 0090 - Sunset Point Sanitary District Adjusting Manholes TOTAL COST DISTRIBUTION: $18,065,000 $18,043,000 $16,000 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 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 financing 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. 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) 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 final audit will be made to determine the final division of costs. 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) Use the WisDOT Utility Accommodation Policy unless it adopts a policy which has equal or more restrictive controls. 3 9. Basis for Local Participation: Construction - Category 0080 City of Oshkosh is 100% responsible for costs for sealing concrete joints on Lake Butte des Morts Drive. These prices are estimates only and actual costs will be based on contract bid prices. STATE / MUNICIPAL AGREEMENT FORA HIGHWAY IMPROVEMENT PROJECT DATE: January 12, 2009 I.D.: 1120 -1 -72 HIGHWAY: US 41 LENGTH: 0.455 LIMITS: STH 21- US 45 COUNTY: Winnebago The signatory City 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): US 41 will be reconstructed from four to six lanes from STH 26 - Breezewood Lane. US 41 has reached its capacity and upgrading capacity will meet the future needs of the travelling public along with improving safety. Proposed Improvement (nature of work): Project 1120 -11 -72 constructs new grade separation over US 41 on Snell Road to enhance fire protection across US 41 and provide local road continuity to extend the design life of US 41/45 interchange. Describe non - participating work included in the project contract: Construction of water main work in Snell Road will be completed with the project. Describe other work necessary to finish the project completely which will be undertaken independently by the Municipality: n/a PHASE Total Estimated Cost ESTIMATED COST Federal / State Funds 3,000,000 1,700,000 % Municipal Fu % 100% 100% 0 0 0% 0% tegory 0010- Roadway Items Category 0020 - B -70 -273 [Category struction (Participating): 3,000,000 1,700,000 SUBTOTAL: 4,700,000 4,700,000 100% 0 0% truction (Non - Participating): 0030 - City of Oshkosh r Main Items 600,000 540,000 90% 60,000 10% TOTAL COST DISTRIBUTION: 5,300,000 5,240,000 60,0001 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 Name Municipality Title Date 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 financing 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. 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) Conditioning, if required, and maintenance of detour routes. c) 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 final audit will be made to determine the final division of costs. 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. Structure B -70 -273 (Snell Road over US 41) will remain a WisDOT owned structure and WisDOT's responsibility to maintain the integrity of the structure. 9. The Municipality will at its own cost and expense: 2 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) 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. c) Use the WisDOT Utility Accommodation Policy unless it adopts a policy wYuch has equal or more restrictive controls. 9. Basis for Local Participation: Category 0030 — City of Oshkosh is 10% responsible for all costs associated with the installation of the water main with the project per State Statutes on relocation of publicly owned utility on a freeway project. City of Oshkosh will inspect the installation. Provide complete plans, specifications, and estimates for any Water system work the City wants to let with DOT's project. During construction assume full responsibility for establishing line and grade, pressure and purification testing, and operation of the water systems. The City of Oshkosh relieves the State and all of its employees from liability for all suites, actions, or claims resulting from the water main construction under this agreement. 3