HomeMy WebLinkAbout11-311JULY 13, 2011 11 -311 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE AGREEMENT WITH WISCONSIN DEPARTMENT OF
TRANSPORTATION FOR CONSTRUCTION OF FERNAU AVENUE
FROM JACKSON STREET TO VINLAND STREET ($957,410.00)
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached
Agreement with Wisconsin Department of Transportation for reconstruction of Fernau
Avenue from Jackson Street to Vinland Street is hereby approve 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. 311- 0410- 7480 -00000 Sidewalk Construction Fund
Acct. No. 315 - 0410 - 7480 -00000 Street Improvement Fund Expenditures
Acct. No. 317 - 0410 - 7480 -03301 Special Assessments Fund - Streets
Acct. No. 317 - 0410 - 7480 -03302 Special Assessments Fund - Sewer
Acct. No. 317 - 0410 - 7480 -03303 Special Assessments Fund - Water
Acct. No. 317 - 0410 - 7480 -03304 Special Assessments Fund - Sidewalks
Acct. No. 317 - 0410 - 7480 -03305 Special Assessments Fund - Storm Water
Acct. No. 541 - 1810 - 1799 -00000 Water Utility Construction Work in Progress
Acct. No. 551 - 1910 - 1799 -00000 Sewer Utility Construction Work in Progress
Acct. No. 561 - 2010 - 1799 -00000 Storm Water Utility Construction Work in Progress
( 0
7f H
ON THE WATER
TO:
FROM
DATE:
RE:
Honorable Mayor and Members of the Common Council
Steven M. Gohde, Assistant Director of Public Works
July 7, 2011
Approve Agreement with Wisconsin Department of Transportation (WDOT) for
Construction of Fernau Avenue (Jackson Street to Vinland Street)
BACKGROUND
The WDOT provides funding for street construction to the Oshkosh area through a program called the
STP -Urban Program. This program allocates state and federal funds to improve arterial and collector
streets.
ANALYSIS
The Department of Public Works submitted an application for WDOT funding for Fernau Avenue in
January of 2011. Fernau Avenue is one of the major east/west corridors for the north side of Oshkosh.
Fernau Avenue from Algoma Boulevard to Vinland Street serves the existing Northwest Industrial Park.
Fernau Avenue from Jackson Street to Moser Street serves the existing North Industrial Park.
Completion of Fernau Avenue from Jackson Street to Vinland Street will allow traffic on Jackson Street
(STH 76) to have access to the upgraded US Highway 41 — US Highway 45 Interchange.
FISCAL IMPACT
The total estimated cost to the City is $957,410. The WDOT will provide $973,440 for this project.
Funding will be programmed in the Street Construction, Storm Sewer, Sanitary Sewer, and Water Main
Sections of the 2014 Capital Improvement Program.
RECOMMENDATIONS
recommend approval of the Agreement.
Respectfully Submitted,
Steven M. Gohde
Asst. Director of Public Works
Approved:
Mark A. Rohloff
City Manager
H:Atracyt \MEMOS TO MAYOR & COMMON COUNCIL \201 I \Approve WDOT Agreement -Const of Fernau Ave Ldoc
STATE /MUNICIPAL AGREEMENT
���sconrS�ti FOR A STATE- LET URBANIZED
.o AREA STP -URBAN PROJECT
a c
oFTRA Program Name: STP -Urban
Population Group: 50,000 — 200,000
Sub - program #: 206
Date: June 7, 2011
I. D.: 4625 -01 -00/71
Road Name: W Fernau Ave
Limits: Jackson St —Vinland St
County: Winnebago
Roadway Length: 0.5 miles
Functional Classification: Collector
Project Sponsor: City of Oshkosh
Urbanized Area: Oshkosh
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 Sections 86.25(1), (2),
and (3) and Section 66.0301 of the Statutes.
NEEDS AND ESTIMATE SUMMARY:
All components of the project must be defined in the environmental document if any portion of the project is
federally funded. The Municipality agrees to complete all participating and any non - participating work included in
this improvement consistent with the environmental document. No work on final engineering and design may
occur prior to approval of the environmental document.
Existing Facility - Describe and give reason for request: Fernau Avenue is one of the major East/West corridors
for the North side of Oshkosh. Fernau Ave (Algoma Blvd to Vinland Street) serves the existing NW Industrial
Park and Fernau Ave (Jackson Street to Moser Street) serves the existing North Industrial Park. Completion of
this section of Fernau Ave will allow traffic on Jackson Street (STH 76) to have access to the upgraded US Hwy
41 -US Hwy 45 interchange. It is part of a designated regional bicycle /pedestrian system.
Proposed Improvement - Nature of work: The proposed project will be a new street construction. It will be an
urban cross - section with 36 foot wide concrete pavement with curb and gutter and storm sewer. There are no
existing sidewalks and is part of a designated regional bicycle /pedestrian system. Facilities will be constructed to
accommodate bicycles and pedestrians. City of Oshkosh currently owns the 80' wide ROW required for the
construction of this section of Fernau Avenue. The city installed public sanitary sewer in the ROW in 2004.
Describe non - participating work included in the project and other work necessary to completely finish the project
that will be undertaken independently by the Municipality. Please note that non - participating components of a
project/contract are considered part of the overall project and will be subject to applicable Federal requirements:
Installation of public watermain, construct sanitary sewer -water laterals to service adjoining private property, and
adjust existing sanitary sewer manholes.
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The Municipality agrees to the following 2011 -2014 Urbanized Area STP -Urban project funding conditions:
Project construction costs are funded with 72% federal funding up to a maximum of $973,440 for all federally -
funded project phases when the municipality agrees to provide the remaining 28% and all funds in excess of the
$973,440 federal funding maximum, in accordance with the STP Urban program guidelines for projects in
urbanized areas. Design, real estate, and utility costs are 100% locally funded. Non - participating costs are
100% the responsibility of the municipality. Any work performed by the Municipality prior to federal authorization
is not eligible for federal funding. The Municipality will be notified by the State that the project is authorized and
available for charging.
This project is currently scheduled in State Fiscal Year 2014. In accordance with the State's sunset policy
for Urbanized Area STP Urban projects, the subject 2011 -2014 Urbanized Area STP -Urban improvement
must be constructed and in final acceptance within six years from the start of State Fiscal Year 2012, or
by June 30, 2017. Extensions may be available upon approval of a written request by or on behalf of the
Municipality to WisDOT. The written request shall explain the reasons for project implementation delay and
revised timeline for project completion.
The dollar amounts shown in the Summary Funding Table below are federal maximum amounts unless explicitly
identified otherwise. The final Municipal share is dependent on the final Federal participation, and actual costs
will be used in the final division of cost for billing and reimbursement.
SUMMARY OF COSTS
Federal
Municipal
PHASE
Total Est. Cost
Funds
%
Funds
%
ID 4625 - -00
State Review
$41,850
$0
0%
$41,850
100%
ID 4625 -01 -71
Participating Construction
$1,330,100
$957,672
72%
$372,428
28 %+ BAL
Non - Participating Construction
$537,000
$0
0%
$537,000
100%
State Review
$21,900
$15,768
72%
$6,132
28 %+ BAL
Total Est. Cost Distribution
$1,930,850
$973,440
NIA
$957,410
N/A
`The percentage of project costs covered byfederal funding at approval, 72 %, is based on TIP Committee
Action. Due to the federal funding cap, which is $973,440 for all federally - funded project phases,
this percentage may change over the life of the project.
This request is subject to the terms and conditions that follow (pages [ #] — [ #]) and is made by the undersigned
under proper authority to make such request for the designated Municipality and upon signature by the State and
delivery to the Municipality shall constitute agreement between the Municipality and the State. No term or
provision of neither the State /Municipal Agreement nor any of its attachments may be changed, waived or
terminated orally but only by an Instrument in writing executed by both parties to the State/Municipal Agreement.
Signed for and in behalf of: City of Oshkosh (please sign in blue ink.)
Name
Title t Date
Signed for and in behalf of the State:
Name
Title
Date
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GENERAL TERMS AND CONDITIONS:
1. All projects must be in an approved Transportation Improvement Program (TIP) or State Transportation
Improvement Program (STIP) prior to requesting authorization.
2. Work prior to federal authorization is ineligible for federal funding.
3. The Municipality, throughout the entire project, commits to comply with and promote all applicable federal
and state laws and regulations that include, but are not limited to, the following:
a. Environmental requirements, including but not limited to those set forth in the 23 U.S.C. 139 and
National Environmental Policy Act (42 U.S.C. 4321 et seq.)
b. Equal protection guaranteed under the U.S. Constitution, WI Constitution, Title VI of the Civil Rights Act
and Wis. Stat. 16.765. The municipality agrees to comply with and promote applicable Federal and
State laws, Executive Orders, regulations, and implementing requirements intended to provide for the
fair and equitable treatment of individuals and the fair and equitable delivery of services to the public. In
addition the Municipality agrees not to engage in any illegal discrimination in violation of applicable
Federal or State laws and regulations. This includes but is not limited to Title VI of the Civil Rights Act
of 1964 which provides that "no person in the United States shall, on the ground of race, color, or
national origin, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal financial assistance." The Municipality
agrees that public funds, which are collected in a nondiscriminatory manner, should not be used in
ways that subsidize, promote, or perpetuate illegal discrimination based on prohibited factors such as
race, color, national origin, sex, age, physical or mental disability, sexual orientation, or retaliation.
c. Prevailing wage requirements, including but not limited to 23 U.S.0 113 and Wis. Stat. 103.50.
d. Buy America Provision and its equivalent state statutes, set forth in 23 U.S.C. 313 and Wis. Stat.
16.754.
e. Competitive bidding requirements set forth in 23 U.S.0 112 and Wis. Stat. 84.06.
f. All DBE requirements that the State specifies.
g. Federal Statutes that govern the Surface Transportation Program, including but not limited to 23 U.S.C.
133.
h. General requirements for administering federal and state aid set forth in Wis. Stat. 84.03.
STATE RESPONSIBILITIES AND REQUIREMENTS:
4. Funding of each project phase is subject to inclusion in Wisconsin's approved 2011 - 2014 Urbanized Area
STP -Urban program. Federal funding will be limited to participation in the costs of the following items, as
applicable to the project:
a. The grading, base, pavement, and curb and gutter, sidewalk, and replacement of disturbed driveways
in kind.
b. The substructure, superstructure, grading, base, pavement, and other related bridge and approach
items.
c. Storm sewer mains necessary for the surface water drainage.
d. Catch basins and inlets for surface water drainage of the improvement, with connections to the storm
sewer main.
e. Construction engineering incident to inspection and supervision of actual construction work (except for
inspection, staking, and testing of sanitary sewer and water main).
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f. Signing and pavement marking.
g. New installations or alteration of street lighting and traffic signals or devices.
h. Landscaping.
i. Management Consultant and State Review Services.
5. The work will be administered by the State and may include items not eligible for Federal participation.
6. As the work progresses, the State will bill the Municipality for work completed which is not chargeable to
Federal funds. Upon completion of the project, a final audit will be made to determine the final division of
costs. If reviews or audits show any of the work to be ineligible for Federal funding, the Municipality will be
responsible for any withdrawn costs associated with the ineligible work.
MUNICIPAL RESPONSIBILITIES AND REQUIREMENTS:
7. Work necessary to complete the 2011 -2014 Urbanized Area STP -Urban improvement project to be financed
entirely by the Municipality or other utility or facility owner includes the items listed below.
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 after project completion due to change in street or sidewalk widths,
grades or drainage.
c. Detour routes and haul roads. The municipality is responsible for determining the detour route.
d. Conditioning, if required and maintenance of detour routes.
e. Repair of damages to roads or streets caused by reason of their use in hauling materials incident to the
improvement.
f. All work related to underground storage tanks and contaminated soils.
g. Street and bridge width in excess of standards, in accordance with the current WisDOT Facilities
Development Manual (FDM).
h. Real Estate for the improvement.
i. Preliminary Engineering and design.
8. The construction of the subject improvement will be in accordance with the appropriate standards unless an
exception to standards is granted by WisDOT prior to construction. The entire cost of the construction
project, not constructed to standards, will be the responsibility of the Municipality unless such exception is
granted.
9. Work to be performed by the Municipality without Federal funding participation necessary to ensure a
complete improvement acceptable to the Federal Highway Administration and/or the State may be done in a
manner at the election of the Municipality but must be coordinated with all other work undertaken during
construction.
10. The Municipality is responsible for financing administrative expenses related to Municipal project
responsibilities.
11. The Municipality will include in all contracts executed by them a provision obligating the contractor not to
discriminate against any employee or applicant for employment because of age, race, religion, color,
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handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation as
defined in s. 111.32 (13m), or national origin.
12. The Municipality will pay to the State all costs incurred by the State in connection with the improvement that
exceed Federal financing commitments or are ineligible for Federal financing. In order to guarantee the
Municipality's foregoing agreements to pay the State, the Municipality, through its above duly authorized
officers or officials, agrees and authorizes the State to set off and withhold the required reimbursement
amount as determined by the State from any moneys otherwise due and payable by the State to the
Municipality.
13. In accordance with the State's sunset policy for Urbanized Area STP -Urban projects, the subject
2011 -2014 Urbanized Area STP -Urban improvement must be constructed and in final acceptance
within six years from the start of State Fiscal Year 2012, or by June 30, 2017. Extensions may be
available upon approval of a written request by or on behalf of the Municipality to WisDOT. The written
request shall explain the reasons for project implementation delay and revised timeline for project
completion.
14. If the Municipality should withdraw the project, it will reimburse the State for any costs incurred by the State
on behalf of the project.
15. The Municipality will at its own cost and expense:
a. Maintain all portions of the project that lie within its jurisdiction (to include, but not limited to,
cleaning storm sewers, removing debris from sumps or inlets, and regular maintenance of the
catch basins, curb and gutter, sidewalks and parking lanes [including snow and ice removal]) 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] parking at all times in the vicinity of the proposed improvements during their
construction.
c. Regulate [or prohibit] all parking at locations where and when the pavement area usually occupied
by parked vehicles will be needed to carry active traffic in the street.
d. Assume general responsibility for all public information and public relations for the project and to
make fitting announcement to the press and such outlets as would generally alert the affected
property owners and the community of the nature, extent, and timing of the project and
arrangements for handling traffic within and around the project.
e. Provide complete plans, specifications, and estimates.
f. Provide relocation orders and real estate plats.
g. Use the WisDOT Utility Accommodation Policy unless it adopts a policy, which has equal or more
restrictive controls.
h. Provide maintenance and energy for lighting.
i. Provide proper care and maintenance of all landscaping elements of the project including
replacement of any plant materials damaged by disease, drought, vandalism or other cause.
16. It is further agreed by the Municipality that:
a. The Municipality assumes full responsibility for the design, installation, testing and operation of any
sanitary sewer and water main infrastructure within the improvement project and 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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b. The Municipality assumes full responsibility for the plans and special provisions provided by their
designer or anyone hired, contracted or otherwise engaged by the Municipality. The Municipality is
responsible for any expense or cost resulting from any error or omission in such plans or special
provisions. The Municipality will reimburse WisDOT if WisDOT incurs any cost or expense in order
to correct or otherwise remedy such error or omission or consequences of such error or omission.
c. The Municipality will be 100% responsible for all costs associated with utility issues involving the
Contractor, including costs related to utility delays.
d. All signs and traffic control devices and other protective structures erected on or in connection with
the project including such of these as are installed at the sole cost and expense of the Municipality
or by others, will be in conformity with such "Manual of Uniform Traffic Control Devices" as may be
adopted by the American Association of State Highway and Transportation Officials, approved by
the State, and concurred in by the Federal Highway Administration.
e. The right -of -way available or provided for the project will be held and maintained inviolate for public
highway or street purposes. Those signs prohibited under Federal aid highway regulations, posters,
billboards, roadside stands, or other private installations prohibited by Federal or State highway
regulations will not be permitted within the right -of -way limits of the project. The municipality, within
its jurisdictional limits, will remove or cause to be removed from the right -of -way of the project all
private installations of whatever nature which may be or cause an obstruction or interfere with the
free flow of traffic, or which may be or cause a hazard to traffic, or which impair the usefulness of
the project and all other encroachments which may be required to be removed by the State at its
own election or at the request of the Federal Highway Administration, and that no such installations
will be permitted to be erected or maintained in the future.
LEGAL RELATIONSHIPS:
17. The State shall not be liable to the Municipality for damages or delays resulting from work by third parties.
The State also shall be exempt from liability to the Municipality for damages or delays resulting from
injunctions or other restraining orders obtained by third parties.
18. The State will not be liable to any third party for injuries or damages resulting from work under or for the
Project. The Municipality and the Municipality's surety shall indemnify and save harmless the State, its
officers and employees, from all suits, actions or claims of any character brought because of any injuries or
damages received or sustained by any person, persons or property on account of the operations of the
Municipality and its sureties; or on account of or in consequence of any neglect in safeguarding the work; or
because of any act or omission, neglect or misconduct of the Municipality or its sureties; or because of any
claims or amounts recovered for any infringement by the Municipality and its sureties of patent, trademark or
copyright; or from any claims or amounts arising or recovered under the Worker's Compensation Act,
relating to the employees of the Municipality and its sureties; or any other law, ordinance, order or decree
relating to the Municipality's operations.
19. Contract Modification: This State /Municipal Agreement can only modified by written instruments duly
executed by both parties. No term or provision of neither this State /Municipal Agreement nor any of its
attachments may be changed, waived or terminated orally.
20. Binding Effects: All terms of this State /Municipal Agreement shall be binding upon and inure to the benefits
of the legal representatives, successors and executors. No rights under this State /Municipal Agreement may
be transferred to a third party. This State /Municipal Agreement creates no third- party enforcement rights.
21. Choice of Law and Forum: This State /Municipal Agreement shall be interpreted and enforced in accordance
with the laws of the State of Wisconsin. The Parties hereby expressly agree that the terms contained herein
and in any deed executed pursuant to this State /Municipal Agreement are enforceable by an action in the
Circuit Court of Dane County, Wisconsin.
PROJECT FUNDING CONDITIONS
22. The Municipality agrees to the following 2011 -2014 Urbanized Area STP -Urban project funding conditions:
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a. ID 4625- 01 -00: Design is funded 100% by the municipality. This phase includes Plan Development,
Management Consultant Review, and State Review. The work includes project review, approval of
required reports and documents and processing the final PS &E document for award of the contract.
Costs for this phase include an estimated amount for state review activities.
b. ID 4625- 01 -71: Construction:
i. Costs for roadway, sidewalks, and storm sewer construction are funded with 72% federal funding
when the municipality agrees to provide the remaining 28 %.
ii. Non - participating Costs for Installation of public watermain, construct sanitary sewer -water laterals
to service adjoining private property, and adjust existing sanitary sewer manholes are funded 100%
by the Municipality. Costs include construction delivery.
iii. Costs for this phase include an estimated amount for state review activities, to be funded 72%
with federal funding and 28% by the Municipality.
c. Project Cap: In accordance with STP -Urban program guidelines for projects in urbanized areas, State
action and TIP Committee action, this project has a federal funding cap of $973,440. This federal
funding cap applies to all federally funded project phases.
[End of Document]
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