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HomeMy WebLinkAboutstate/municipalty us 41 1/12/09STATE / MUNICIPAL AGREEMENT FOR A HIGHWAY IMPROVEMENT PROJECT DATE: I.D.. January 12, 2 009 1120 -11 -72 HIGHWAY: LIMITS: COUNTY: US 41 LENGTH: 0.455 STH 21 US 45 Winnebago z 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 celled 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 ESTIMATED COST Total Federal / State Municipal Estimated Cost Funds % Funds % 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 (Non- Participating): Category 0030 - City of Oshkosh 600,000 540,000 90% 60,000 10 % Water Main Items TOTAL COST DISTRIBUTION: 5,300,000 5,240,000 60,000 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 See page 1A for signatures Name City of Oshkosh Municipality Title January 28, 2009 Date Signed for and in behalf of the City of Oshkosh L, l7 Mark ohl_off, City Manager *amela%Ubri City Cler C L nn nson, City Pegg etS en , Director of Finance I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. IA 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 Wi sDOT's responsibility to maintain the integrity of the structure. 9. The Municipality will at its own cost and expense: 0 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 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