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HomeMy WebLinkAbout09-144APRIL 28, 2009 09 -144 RESOLUTION (CARRIED 5 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE AMENDMENTS TO AGREEMENTS WITH WISCONSIN DEPARTMENT OF TRANSPORTATION FOR RECONSTRUCTION OF US HWY 41: A) Witzel Avenue / Washburn Street / Koeller Street / Rath Lane (- $245,200) B) Snell Road (- $60,000) C) Algoma Boulevard / US 45 (- $40,000) D) Lake Butte des Morts Drive (- $16,000) INITIATED BY: DEPARTMENT OF PUBLIC WORKS BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Amendments to Agreements with Wisconsin Department of Transportation for reconstruction of US Hwy 41 are hereby approved and the proper City officials are hereby authorized to execute and deliver the agreements 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. ( 0 OfHKO1H ON THE WATER MEMORANDUM TO: Honorable Mayor and Members of the Common Council FROM: Steven M. Gohde, Assistant Director of Public Works DATE: April 23, 2009 RE: Approve Amendment to Agreement with Wisconsin Department of Transportation for Reconstruction of US Highway 41 (USH 41) Witzel Ave. /Washburn St. /Koeller St. /Rath Lane BACKGROUND The Wisconsin Department of Transportation ( WIDOT) is planning to reconstruct USH 41 from State Highway 26 to Breezewood Lane in Neenah beginning in 2009. USH 41 has reached its capacity and will be expanded to meet the public needs and improve safety. The construction addressed in this agreement covers Witzel Avenue from Washburn to Koeller Street, Washburn Street from near Lowes to south of Witzel Avenue, Washburn Street and Koeller Street bridges over Sawyer Creek and Rath Lane cul -de -sac to provide access to properties along STH 21. ANALYSIS The WIDOT had previously prepared cost estimates for the proposed work. The agreement allocated expenses to the City of Oshkosh for certain portions of the project and WIDOT bearing all other costs associated with this project. The WIDOT has elected to use American Recovery Act Funds to eliminate the costs to the City of Oshkosh for this project. FISCAL IMPACT The costs to the City of Oshkosh for this project are reduced from $245,200 to zero. The result is less funding will need to be needed in the 2010 Capital Improvement Program to fund improvements for the USH 41 expansion. RECOMMENDATIONS I recommend approval of the revised State /Municipal Agreement. Respectfully Submitted, Approved: Steven M. Gohde Mark A. Rohloff Asst. Director of Public Works City Manager I:\Engineering \Correspondence \Steve Gohde \council memos \DOT Agreement Witzel Wash Koeller Rath.doc REVISED STATE / MUNICIPAL AGREEMENT FOR A HIGHWAY IMPROVEMENT PROJECT DATE: Revised April 3, 2009 I.D.: 1120 -11 -21,71 HIGHWAY: US 41 LENGTH: 0.0 LIMITS: STH 21— US 45 Revision 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/Washbum; ; 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: None. 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 $ 19,351,000 100% $ 0 0 1120 -11 -21 Credit for Parcel 84 0 0 Remaining Construction Credit * * 0 0 Real Estate TOTAL: $ 19,351,000 $ 19,351,000 0 0 Construction (Participating): Project ID 1120 -11 -71 Category 0010 — Roadway Items $7,700,000 $ 7,700,000 100 $ 0 0 Category 0020 — Sign Structures $ 180,000 Priority 1— CSD Type 2 Enhancements $5000 100 $0 0 Priority 2 - Balance $175,000 100 $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 $325,000 100 $0 0. 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 $52,000 100 $0 0 Category 0105 — Adjustment of $16,500 $16,500 100 $0 0 Sanitary/Water Manholes SUBTOTAL: $ 10,248,500 $ 10,248,500 $ 0 Construction (Non- Participating): Category 0110 — Non - Participating $ 100,000 $100,000 100 $0 0 Construction SUBTOTAL: $10,348,500 $10,348,500 $0 Credit for Washburn Street Construction by City in 2007 1,849,000 TOTAL COST DISTRIBUTION: $ 29,699,5001 $ 29,699,500 1 $ 0 * ** Due to American Recovery and Reinvestment Act (ARRA) City portion of project is reduced to $0. 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. 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 US 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 $754,000 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. City portion is reduced to 0 due to ARRA 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. City 50% portion reduced to 0% due to ARRA funding. Construction — Category 0020 — Sign structures required for the roundabouts are 100% Federal /State. Priority 1 for $5000 LS cap to use 100% Community Sensitive Design Type 2 Enhancement dollars for the City request of black sign supports for the sign structures. 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. City is billed $162,500 L.S. for price of 50% of structure. City 50% funding level is reduced to 0% due to ARRA funding. 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/Washbum and Witzel/Koeller. 0 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. City portion of bill is reduced from 20% to 0% due to ARRA funding. Construction — Category 0105— Adjustment of sanitary and water manholes are 90% Federal/State funded and 10% City of Oshkosh funded per State Statute 84.295 for adjustment of publicly owned utilities as part of freeway project. City portion of bill is reduced from 10% to 0% due to ARRA funding. Construction — Category 0110 — Non - participating items in the contract are sealing concrete pavement joints and irrigation system and are reduced from 100% to 0% due to ARRA funding. 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% DOT cost share for the real estate. ($5,145,270 * 25% = $1,286,318) ( 0 OfHKO1H ON THE WATER MEMORANDUM TO: FROM: DATE: RE: Honorable Mayor and Members of the Common Council Steven M. Gohde, Assistant Director of Public Works April 23, 2009 Approve Amendment to Agreement with Wisconsin Department of Transportation for Reconstruction of US Highway 41 (USH 41) Snell Road. BACKGROUND The Wisconsin Department of Transportation ( WIDOT) is planning to reconstruct USH 41 from State Highway 26 to Breezewood Lane in Neenah beginning in 2009. USH 41 has reached its capacity and will be expanded to meet the public needs and improve safety. The construction addressed in this agreement covers a new grade separated crossing of USH 41 to connect Snell Road and Fountain Avenue and related improvements. ANALYSIS The WIDOT had previously prepared cost estimates for the proposed work. The agreement allocated expenses to the City of Oshkosh for certain portions of the project and WIDOT bearing all other costs associated with this project. The WIDOT has elected to use American Recovery Act Funds to eliminate the costs to the City of Oshkosh for this project. FISCAL IMPACT The costs to the City of Oshkosh for this project are reduced from $60,000 to zero. The result is less funding will need to be needed in the 2010 Capital Improvement Program to fund improvements for the USH 41 expansion. RECOMMENDATIONS recommend approval of the revised State /Municipal Agreement. Respectfully Submitted, A� pta Steven M. Gohde Asst. Director of Public Works Approved: Mark A. Rohloff City Manager I:\ Engineering \Correspondence \Steve Gohde \council memos\DOT Agreement Snell.doc STATE / MUNICIPAL AGREEMENT FOR A HIGHWAY IMPROVEMENT PROJECT Revision #1 DATE: I.D.: April 3, 2009 1120 -11 -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 fixture 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. This funding is picked up ARRA. Describe other work necessary to finish the project completely which will be undertaken independently by the Municipality: n/a PHASE ESTIMATED COST Federal / State Municipal Total Estimated Cost Funds % F unds % Construction (Participating): Category 0010- Roadway Items 3,000.,000 3,000,000 100% 0 0% Category 0020 — B -70 -273 1,700,000 1,700,000 100% 0 0% SUBTOTAL: 4,700,000 4,700,000 100% 0 0% Construction (AARA - 600,000 600,000 100% 0 0% Participating): Category 0030 — City of Oshkosh Water Main Items TOTAL COST DISTRIBUTION: 5,300,000 5,300,000 0 Due to American Recovery and Reinvestment Act (ARRA) City portion of project is reduced to 0. 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 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 which has equal or more restrictive controls. 9. Basis for Local Participation: Category 0030 — City of Oshkosh is 0% 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. City participation is reduced from 10% to 0% do to ARRA funding. 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 ( 0 OQH ON THE WATER MEMORANDUM TO: Honorable Mayor and Members of the Common Council FROM: Steven M. Gohde, Assistant Director of Public Works DATE: April 23, 2009 RE: Approve Amendment to Agreement with Wisconsin Department of Transportation for Reconstruction of US Highway 41 (USH 41) Algoma Boulevard/ USH 45. BACKGROUND The Wisconsin Department of Transportation ( WIDOT) is planning to reconstruct USH 41 from State Highway 26 to Breezewood Lane in Neenah beginning in 2009. USH 41 has reached its capacity and will be expanded to meet the public needs and improve safety. The construction addressed in this agreement covers the reconstruction of USH 45 (Algoma Blvd) including the realignment of Fernau Avenue and Lake Buttes des Morts Drive to a new intersection location with USH 45. ANALYSIS The WIDOT had previously prepared cost estimates for the proposed work. The agreement allocated expenses to the City of Oshkosh for certain portions of the project and WIDOT bearing all other costs associated with this project. The WIDOT has elected to use American Recovery Act Funds to eliminate the costs to the City of Oshkosh for this project. FISCAL IMPACT The costs to the City of Oshkosh for this project are reduced from $40,000 to zero. The result is less funding will need to be needed in the 2010 Capital Improvement Program to fund improvements for the USH 41 expansion. RECOMMENDATIONS I recommend approval of the revised State /Municipal Agreement. Respectfully Submitted, A ;" , , 70 C. Steven M. Gohde Asst. Director of Public Works Approved: 'IL , 7,1 Mark A. Rohloff City Manager I:\ Engineering \Correspondence \Steve Gohde \council memos \DOT Agreement Algoma USH 45.doc STATE / MUNICIPAL AGREEMENT FOR A HIGHWAY IMPROVEMENT PROJECT Revision 91 DATE: April 8, 2009 I.D.: 112 - 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 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): 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 furuure US 41/45 Interchange. 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: Any sanitary or water main relocation for Project 1120 -11 -74 will undertaken by City of Oshkosh. PHASE ESTIMATED COST Federal / State Municipal Total Estimated Cost Funds % Funds % 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% Category 0040 - 8 -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 1 383,000 1 $383,000 1 100% 1 $0 1 0% SUBTOTAL: $18,043,000 $18,043,000 1 1 0 Construction (Non- Participating): $16,000 $16,000 100% $0 0% Category 0080 — City of Oshkosh Concrete Joint Sealer Construction (Non - participating): $6000 $6000 100% $0 0% Category 0090'—'Sunset Point Sanitary District Adjusting Manholes TOTAL COST DISTRIBUTION: $18,065,000 $18,065,000 $0 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 Due ARRA funding City of Oshkosh is 0% responsible for costs for sealing concrete joints on Lake Butte des Morts Drive. 4 ( 0 OfHKOlH ON THE WATER MEMORANDUM TO: FROM DATE: RE: Honorable Mayor and Members of the Common Council Steven M. Gohde, Assistant Director of Public Works April 23, 2009 Approve Amendment to Agreement with Wisconsin Department of Transportation for Reconstruction of US Highway 41 (USH 41) Lake Butte des Morts Drive. BACKGROUND The Wisconsin Department of Transportation ( WIDOT) is planning to reconstruct USH 41 from State Highway 26 to Breezewood Lane in Neenah beginning in 2009. USH 41 has reached its capacity and will be expanded to meet the public needs and improve safety. The construction addressed in this agreement covers the new Lake Buttes des Morts Drive Bridge over USH 41 and related improvements. ANALYSIS The WIDOT had previously prepared cost estimates for the proposed work. The agreement allocated expenses to the City of Oshkosh for certain portions of the project and WIDOT bearing all other costs associated with this project. The WIDOT has elected to use American Recovery Act Funds to eliminate the costs to the City of Oshkosh for this project. FISCAL IMPACT The costs to the City of Oshkosh for this project are reduced from $16,000 to zero. The result is less funding will need to be needed in the 2010 Capital Improvement Program to fund improvements for the USH 41 expansion. RECOMMENDATIONS I recommend approval of the revised State /Municipal Agreement. Respectfully Submitted, Steven M. Gohde Asst. Director of Public Works Approved: f Mark A. Rohloff City Manager I:\ Engineering \Correspondence \Steve Gohdelcouncil memos \DOT Agreement Lake Butte des Morts Drive.doc REVISED STATE / MUNICIPAL AGREEMENT FOR A HIGHWAY IMPROVEMENT PROJECT Revision DATE: I.D.: Revised April 8, 2009 1120 -11 -73 HIGHWAY: US 41 LENGTH: 0.373 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 US 45 including the Fernau/Lake Buttes des Morts/US 45 intersection as a multi -lane roundabout to improve capacity, safety, and overall operations. 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: Installation of water main and sanitary sewer to accommodate the road construction project will be done by the City of Oshkosh under a City let.project. PHASE ESTIMATED COST Federal / State Municipal Total Estimated Cost Funds % Funds % Construction Project ID -11 -73 Category 010 — Roadway Items 4,152,000 4,152,000 100 0 0 Category 020 — Sign Structures 94,000 94,000 100 0 0 Category 030 — Community Sensitive 20,000 20,000 100 0 0 Design Items oundabout Plantings) Category 035 — Adjusting Sanitary & 12,000 12,000 100 0 0 Water Manholes SUBTOTAL: 4,278,000 4,276,800 100 0 0 Construction (Non- Participating): Category 040 — Non - Participating — 40,000 40,000 0 0 0 Sealing Concrete Pavement TOTAL COST DISTRIBUTION: $ 4,318,000 $ 4,318,000 $ 0 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) 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. 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. 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. 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) Maintain drainage facilities (including storm sewers) and snow removal from any future sidewalks. c) Maintain clay pavers in the roundabout splitter islands that City of Oshkosh requested to be installed with the project. d) Prohibit angle parking. e) 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. f) Use the WisDOT Utility Accommodation Policy unless it adopts a policy which has equal or more restrictive controls. g) 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. h) No additional landscaping or structures will be allowed in the central island of the roundabout without a signed Work on Right of Way Permit from WisDOT. 9. Basis for Local Participation: Category 010: Roadway Items in the work are 100% State/Federal funds. Category 020: Overhead sign structures for the roundabout are 100% State /Federal funds. Category 030: Community Sensitive Design (CSD) Items that include the roundabout landscaping in the roundabout are 100% State/Federal funds. 3 Category 035: Adjustment of sanitary and water manholes is 90% WisDOT cost and 10% City costs per State Statue 84.295 of relocation of public owned utilities on a freeway project. Due ARRA funding City portion of cost is reduced to 0 %. Category 040: Due ARRA funding sealing concrete pavement joints and irrigation system are 0% City of Oshkosh funded.