HomeMy WebLinkAbout10-137APRIL 27, 2010 10 -137 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE AMENDMENT TO AGREEMENT WITH WISCONSIN
DEPARTMENT OF TRANSPORTATION FOR
RECONSTRUCTION OF US HWY 41 AT 9TH AVENUE ($0)
INITIATED BY: PUBLIC WORKS DEPARTMENT
BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached
Revision #3 to the Agreement with Wisconsin Department of Transportation for
reconstruction of US Hwy 41 at 9th Avenue is hereby approved and the proper City
officials are hereby authorized to execute and deliver the agreement in substantially the
same form as attached hereto, any changes in the execution copy being deemed approved
by their respective signatures, and said City officials are authorized and directed to take
those steps necessary to implement the terms and conditions of the Agreement.
STATE / MUNICIPAL AGREEMENT
FOR A
HIGHWAY IMPROVEMENT PROJECT
DATE: March 22, 2010
I.D.: 1120 -10 -72
HIGHWAY: US 41 LENGTH: 0.0
LIMITS: STH 26 — STH 21
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 9 Avenue interchange with US 41 to include 4 multi -lane roundabouts.
Describe non - participating work included in the project contract: Sealing concrete pavement joints, irrigation system, and water
main work relocation that needs to be completed when 0 1 Avenue is closed with the project but outside the project limits.
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
Construction (Participating):
Project ID 1120 -10 -72
Category 0010 — Roadway Items
$4,300,000
$4,300,000
100
$ 0
0
Category 0020 — Sign Structures
$ 280,000
$ 280,000
100
$ 0
0
Category 0030 — B -70 -283 9th Ave.
$1,600,000
$1,600,000
100
$ 0
0
Overpass
Category 0040 — R —70 -25
$240,000
$240,000
100
$0
0
Category 0050 — R -70 -37
$200,000
$200,000
100
$0
0
Category 0060- Lighting
$180,000
$180,000
100%
$0
0
Category 0070 — Community Sensitive
$120,000
$120,000
100
$0
0
Design Items — Roundabout Landscaping
Capped at $300,000
Category 0080 — Adjusting Sanitary
$107,500
$96,750
90
$10,750
10
Manholes & Water Main Work
SUBTOTAL:
$ 7,027,500
$ 7,016,750
$10,750
Construction (Non- Participating):
Category 0090 — Non - Participating —
$ 279,000
Sealing Concrete Joints, Irrigation System
and Water Main work.
Priority 1 Funding for Credits on other
$5535
Capped
$ 0
0
work completed by City.
Priority 2 Remaining balance of the
0
0
$273,465
100
category
Construction SUBTOTAL:
$7,306,500
$ 7,022,285
$284,215
TOTAL COST DISTRIBUTION: $ 7,306,500 $ 7,022,285 $ 284,215
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.
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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 -283 (9th 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 -25 & R -70 -37 will become a WisDOT owned structure and WisDOT's responsibility
to inspect and maintain the integrity of the retaining walls.
10. Sign bridges 5 -70 -0080, S -70 -0081, 5 -70 -0082, 5 -70 -0084 and 5 -70 -0085 will become WisDOT owned
structure and WisDOT's responsibility to inspect and maintain the integrity of the sign structure.
11. Maintain all street lighting within the roundabouts of 9 Avenue/US 41 ramps, which includes, but is not
limited to, the responsibility for the energy, operation, maintenance, and replacement of the lighting system
(including associated costs).
12. 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 the
roundabouts after 2 -year maintenance period specified within the construction contract. No additional
landscaping or structures will be allowed in the roundabout without prior approval from the Department.
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.
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g) 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 9th Avenue structure over US 41 and all
sidewalks around the roundabouts.
h) Maintain the pavement markings associated with the crosswalks within the project limits, which
includes, but is not limited to, any necessary repainting or replacement except those caused by future
highway projects.
i) Maintain all street lighting within the roundabouts at 9"' Avenue/Washburn Street and 9`
Avenue/Koeller Street, which includes, but is not limited to, the responsibility for the energy, operation,
maintenance, and replacement of the lighting system (including associated costs).
j) Sign bridges S -70 -0076, S -70 -0077, S -70 -0078, S -70 -0079, S -70 -0086, S -70 -0087, S -70 -0088, and S-
70- 0089 will become City of Oshkosh owned and City of Oshkosh's responsibility to inspect and
maintain the integrity of the sign structure.
k) Maintain all landscaping around the perimeter of the roundabout and in the vision corners. Landscaping
in the vision corners shall not obstruct the vision of the drivers and shall be maintained at a height that
will ensure a clear line of sight for the motorists and pedestrians. No landscaping or structures will be
allowed in the vision corners without prior approval from the Department.
1) Own and maintain irrigation system placed in the roundabouts.
Once the maintenance responsibility has been transferred to the Municipality, the Department is released from
any and all costs associated with the future maintenance and/or removal of the sidewalk around the perimeter of
the roundabout, the roundabout landscaping, and crosswalk pavement markings.
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.
The Department shall be notified 7 days prior to erecting any lane closures or lane restrictions.
13. Basis for Local Participation:
Construction — Category 0010 — Construction of the roadway items for the project are 100%
Federal /State funded.
Construction — Category 0020 — Sign structures required for the roundabouts are 100% Federal /State.
Signs include S -70 -0076, S -70 -0077, S -70 -0078, S -70 -0079, S -70 -0080, S -70 -0081, S -70 -0082, S -70-
0084, S -70 -0085, S -70 -0086, S -70 -0087, S -70 -0088, and S -70 -0089.
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Construction — Category 0030 — Construction of B -70 -283 9th Avenue structure over US 41 are 100%
Federal/State funded.
Construction — Category 0040 — Construction of R -70 -25 is 100% Federal/State Funded.
Construction — Category 0050 — Construction of R -70 -37 is 100% Federal/State Funded.
Construction — Category 0060 — Lighting for the roundabouts is 100% Federal /State Funded.
Construction — Category 0070 — Community Sensitive Design Items are 100% Federal /State funded
and includes the landscaping in all of the roundabouts on 9th Avenue. This is capped at $300,000
maximum.
Construction — Category 0080— 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.
Construction — Category 0090 — Non - participating items in the contract are sealing concrete pavement
joints, irrigation system, and water main the City wishes to install with the project while the 9 1h Avenue
interchange is closed.
Priority 1 Funding with Federal /State Dollars for $5,535 is given for the following credits /costs and is
capped.
• A credit of $16,000 is given to the City for the temporary signal work that City will do at 9th
Avenue and Westhaven Avenue.
• A credit of $10,000 is given to the City of Oshkosh for inspection services that City will be
completing on Witzel Avenue, 9 Avenue, and WIS 21 lighting.
• A lump sum for $9,040 is billed for betterment of water main pipe going from 12" to 16" water
main.
• A credit of $1200 is given to the City of Oshkosh for providing Wock sign bases to the sign
posts in the roundabout splitter islands at 9th and Witzel Avenue.
• A lump sum for $12,625 is billed for upsizing storm sewer from 18" storm sewer to sizes up to
30" storm sewer on Koeller Street south of 9 Avenue at request of the City.
Priority 1 funding of $5,535 is calculated ($16,000 + $10,000 + $1200 - $9,040 - $12,625)
Priority 2 funding is the remaining balance of the category and is 100% City of Oshkosh funded.
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( 0
O HFO
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 20, 2010
Approve Amendment to Agreement with Wisconsin Department of Transportation for
Reconstruction of US Highway 41 (USH 41) at 9 th Avenue ($0)
BACKGROUND
The Wisconsin Department of Transportation (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 this
agreement covers the reconstruction of 9 th Avenue and the frontage roads (Koeller St. and Washburn St.)
in the vicinity of 9 th Avenue.
ANALYSIS
The Common Council approved an amendment to this agreement at their February 23, 2010 meeting.
The WisDOT is requesting another amendment to clarify changes relating to the following issues:
1. Clarify that the WisDOT will pay 100% of the Sign Structure Construction.
2. Cap landscaping construction costs at roundabouts at $300,000.
3. Move street lighting construction to a separate agreement.
FISCAL IMPACT
The costs to the City of Oshkosh for this project are not increased. The total City cost remains at
$284,215. Funding will be included in the 2011 Capital Improvement Program to fund improvements for
the USH 41 expansion.
RECOMMENDATIONS
I recommend approval of the revised State /Municipal Agreement.
Respectfully Submitted,
A &r',
Steven M. Gohde
Asst. Director of Public Works
Approved:
Mark A. Rohloff
City Manager
t:\ Engineering \Correspondence \Steve Gohde \council memos \DOT Agreement Algoma - Revision 9th Ave 4- 22- 10.doc