HomeMy WebLinkAbout09-258JULY 14, 2009 09 -258 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE AGREEMENTS WITH WISCONSIN DEPARTMENT
OF TRANSPORTATION FOR RECONSTRUCTION OF
US HIGHWAY 41:
A) WITZEL AVENUE ($0)
B) 20 AVENUE ( +$43,000.00)
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 the City of Oshkosh
for reconstruction of US Hwy 41:
A) at Witzel /Koeller & Witzel /Washburn -- $0
B) 20th Avenue - $43,000.00
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 Agreements.
BE IT FURTHER RESOLVED that money for this purpose is hereby appropriated
from:
Acct. No. 315 - 0410 - 7480 -00000 Street Improvement Fund Expenditures
Acct. No. 317 - 0410 - 7480 -03301 Special Assessments Fund - Streets
CITY HALL
215 Church Avenue
P.O. Box 1130
Oshkosh, Wisconsin
54903 -1130 City of Oshkosh
—
o,rHK0-f H
TO: Honorable Mayor and Members of the Common Council
FROM: David C. Patek, Director of Public Works
DATE: July 9, 2009
RE: Approve Agreements with Wisconsin Department of Transportation (WisDOT) for
Reconstruction of US Highway 41 (USH 41)
a) Witzel Avenue/Washburn Street
b) 20 Avenue
BACKGROUND
WisDOT 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 these agreements covers:
a) Street lighting installations on Witzel Avenue at USH 41 & on Washburn Street ( Witzel Avenue to
STH 21 )
b) Construction of the 20 Avenue overpass of USH 41
ANALYSIS
The agreements clarify responsibilities as follows:
a) WisDOT will install street lighting on Witzel Avenue (Koeller Street to Washburn Street) and on
Washburn Street. The construction cost (estimated at $186,000) for installation of this street
lighting will be 100% paid by Federal or State Funds. After installation, the City will assume
responsibility for maintenance of these new street lights.
b) WisDOT will construct the new overpass of USH 41 for an estimated total cost of $3,378,000.
The City is responsible for a portion of the sidewalk costs on the overpass and for the cost to seal the
joints on the new concrete pavement on this project.
FISCAL IMPACT
a) The City of Oshkosh should see reduced costs in the operating budget for maintenance of the street
lighting on Witzel Avenue and Washburn Street. There is a cost reduction estimated for street lights
maintained by the Transportation Department (Electric Division) forces versus maintenance
completed by Wisconsin Public Service.
b) The City will need to budget $43,000 in the Street Section of the Capital Improvement Program for
2010 for this construction on 20 Avenue.
RECOMMENDATION
I recommend approval of the State /Municipal Agreements.
Respectfully Submitted, Approved:
J C. -A(0--�
David C. Patek Mark A. Rohloff
Director of Public Works City Manager
STATE / MUNICIPAL AGREEMENT
FOR A
HIGHWAY IMPROVEMENT PROJECT
DATE: June 22, 2009
I.D.: 1120 -11 -81
HIGHWAY: US 41 LENGTH: 0.000
LIMITS: STH 21— US 45
COUNTY: Winnebago
—Mm ME
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 lighting for the roundabouts at Witzel/Koeller and Witzel/Washbum and replace
continuous street lighting along Washburn Street that is impacted by Project 1120 -11 -71 reconstruction of Washburn Street.
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 / State
Funds
%
Municipal
Funds
%
Construction
Project ID 1120 -11 -81
Category 0010 — Roundabout Lighting
$ 186,000
$ 186,000
100
$ 0
0
TOTAL COST DISTRIBUTION:
$ 186,000
$ 186,000
1 $ 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 fmancing.
3. Funding of each project phase (construction) 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) New installations of street lighting .
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 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.
2
e) Maintain all street lighting constructed with the project which includes, but is not limited to, the
responsibility for the energy, operation, maintenance, and replacement of the lighting system (including
associated costs).
9. Basis for Local Participation:
Category 010: Lighting for the roundabouts is paid at 100% Federal/State. Lighting for the street
lighting along Washburn Street is 100% Federal/State because it is replacing an existing street lighting
system.
3
STATE / MUNICIPAL AGREEMENT
FOR A
HIGHWAY IMPROVEMENT PROJECT
DATE
I.D..
June 12, 2009
1120 -10 -71
HIGHWAY: US 41 LENGTH: 0.0
LIMITS: STH 26 — STH 21
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 20 Avenue structure over US 41 to meet vertical clearance standards.
Provide 8 foot wide sidewalk on north side of structure.
Describe non - participating work included in the project contract: Sealing concrete pavement joints.
Describe other work necessary to finish the project completely which will be undertaken independently by the .Municipality:
Relocation of water main 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
%
Construction (Participating):
Project ID 1120 -10 -71
Category 0010 — Roadway Items
$960,000
$960
100
$ 0
0
Category 0020 — B -70 -282 20 Avenue
$ 1,525,000
over US 41
Priorityl Funding — 2 ft extra sidewalk
width on structure
Priority 2- Balance
$ 1,490,000
100
$35,000
LS
Category 0030 — R -70 -27
$140,000
$140,000
100
$ 0
0
Category 0040 — R -70 -28
$630,000
$630,000
100
$0
0
Category 0050 — R -70 -29
$115,000
$115,000
100
$0
0
SUBTOTAL:
$ 3,370,000
$ 3,335,000
$35,000
Construction. (Non- Participating):
Category 0060 — Non - Participating —
$ 8,000
$ 0
0
$8,000
100
Sealing Concrete Joints
Construction SUBTOTAL:
$3,378,000
$ 3,335,000
$43,000
TOTAL COST DISTRIBUTION:
$ 3,378,000
$ 3,335,00
$ 43,000
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
Date
Title
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.
3
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 -282 (20th Avenue over US 41) will become a WisDOT owned structure and WisDOT's
responsibility to maintain the integrity of the structure.
9. Retaining walls R- 70 -27, R- 70 -28, & R -70 -29 will become a City of Oshkosh owned structure and City of
Oshkosh's responsibility to inspect and maintain the integrity of the retaining walls.
10. 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) Use the WisDOT Utility Accommodation Policy unless it adopts a policy which has equal or more
restrictive controls.
e) 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.
f) Maintain all sidewalks constructed with the project. Maintenance will include but not limited to,
sidewalk repair, snow removal, ice control and future replacement ( other than future highway projects)
from the sidewalk and mowing of the grass in the terrace between any roadway and the sidewalk.
Maintenance will include snow removal across sidewalk on 20th Avenue structure over US 41 and all
sidewalks on the approaches.
g) Maintain all street lighting within the project limits, which includes, but is not limited to, the
responsibility for the energy, operation, maintenance, and replacement of the lighting system (including
associated costs).
4
Public Convenience and Safety
While performing any maintenance activities associated with this agreement, the Municipality shall comply with
the following conditions.
Maintain the safety of the traveling public and control traffic using warnings signs, cones, drums and flaggers.
Materials and equipment cannot be stored on the right -of -way.
11. Basis for Local Participation:
Construction — Category 0010 — Construction of the roadway items for the project are 100%
Federal/State funded.
Construction — Category 0020 — Construction of B -70 -282 20 Avenue structure over US 41 is 100%
Federal/State Funded except for the Priority 1 Funding of L.S. $35,000 to the City of Oshkosh. The
lump sum amount is for the 2 foot extra sidewalk width across the structure. WisDOT policy is to fund
6 foot wide sidewalk width. The additional cost for 2 foot width to build 8 foot sidewalk is City of
Oshkosh responsibility. The $35,000 is calculated from roughly $71.77/sf cost based on recent WisDOT
bid projects.
Construction — Category 0030 — Construction of R -70 -27 is 100% Federal/State funded.
Construction — Category 0040 — Construction of R -70 -28 is 100% Federal /State Funded.
Construction — Category 0050 — Construction of R -70 -29 is 100% Federal/State Funded.
Construction — Category 0060 — Non - participating item in the contract is sealing concrete pavement
joints is 100% City of Oshkosh funded.
5