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E-D-515 10-75 State of Wisconsin/Department of Transportation
PROJECT AGREEMENT I.D. 6110-4-71
for the Programming and Construction of an
URBAN HIGHWAY IMPROVEMENT PROJECT
South Park Avenue City of Oshkos
(CTH "K' - Ohio Street)
STH 44 Winnebago County
The signatory city, village, town or county, hereinafter called the Municipality, through its undersigned duly authorized officers
or officials, hereby requests the State of Wisconsin Department of Transportation, t ,hereinafter called
the State, to initiate proceedings and engineering development and to effect the construction of the highway or street improvement
hereinafter described. Department
This request for the programming and construction of a highway improvement, upon acceptance by the
shall constitute an Agreement between the Wisconsin Department of Transportation and the Municipality, and unless specifically
modified or amended by supplemental written agreement between the State and the Municipality is subject to all of the following
terms and conditions.
Terms and Conditions
1. When Federal Funds are involved in the improvement, the initiation and accomplishment of the improvement will be subject
to the applicable Federal Aid Highway Acts and Regulations of the Federal Highway Administration, U.S. Department of Transportation.
2. The Municipality will contribute and pay to the State all cost incurred by the State in connection with the improvement which
is not eligible for State and/or Federal fund financing.
3. Federal aid and/or State highway fund financing will be limited to 70 percent (%) participation in the construction
costs of the following items: (State funds limited to State trunk highway routes and connecting streets.)
(a) The pavement, base,curb and gutter, together with ail grading.
(b) Catch basins and inlets for surface water drainage of the improvement, with connections to the storm sewer main.
(c) Construction engineering incident to inspection and supervision of actual construction work.
(d) Other 4(b) below and storm sewer mains made necessary by new construction.
4. Work necessary to complete the improvement to be financed entirely by the Municipality or other utility or facility owner
includes the following items unless otherwise designated in 3(d) above:
(a) Storm sewer mains necessary for the surface water drainage.
(b) Construction or replacement of sidewalks and surfacing of private driveways.
(c) New installations or alteration of street lighting and traffic signals or devices.
(d) Right of Way for the improvement.
(e) Surveys, plans and other preliminary engineering expenses.
5. 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 of damages to roads or streets caused by reason of their use in hauling materials incident to the improvement.
(e) Other
6. The State will, at its cost and expense:
(a) Place and maintain signs and markers for approved detours of state trunk routes.
(b) Finance State expenses of purely an administrative nature.
(c) Condition, if required, and maintain the portions of approved detours located on highways which are maintained by •
the State.
7. The work on projects, insofar as that eligible for State and/or Federal participation is concerned, will be performed under
contracts let and administered by the State and under its supervision. Such contracts may also include items of work not eligible
for Federal or State participation which are considered necessary to complete the project.
Work to be performed by the Municipality without Federal aid or State highway fund participation, necessary to insure a com-
plete improvement acceptable to the Federa Highway Administration and/or the State, may be done in a manner at the election of
the Municipality but must be coordinated with the work undertaken by the State.
The funds to be provided by the Municipality (except for work performed by the Municipality) will be deposited with the
State. The authority for the Municipality to provide funds for such improvements and to enter into agreements with the State is ex-
tended by Section 86.25(1), (2), and (3) of the Statutes.
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Before execution of a contract for the work, the Municipality, upon request of the State, will deposit with the State funds in
an amount ESTIMATED by the State to defray all necessary costs incident to the project which are not chargeable to Federal or
State Highway funds. Should the Municipality decline to make the required deposit, it is understood that no contract for the exe-
cution of the work will be entered into and disposition of the project will be the subject of further negotiations between the Muni-
cipality and State. If the Municipality should withdraw the project, it will pay to the State any cost that has been incurred by the
State in behalf of the project.
Upon completion of construction,a final audit will be made to determine the final division of costs of the project.
8. The District Office of the Division of Highways will cooperate with and advise the Municipality during the survey and plan
development phase. The cost of any survey, plan, and preconstruction engineering undertaken by the State, other than administra-
tive expenses, will be charged to the Municipality.
It is understood that, upon completion of the plans and prior to the execution of the contract for the work, the project will be
subject to further agreement between the Municipality and the•State with respect to the detail of design, approval of plans, and if
Federal aid is to be used, certain requirements to satisfy the provisions of the Federal Aid Highway Act and the regulations issued
pursuant thereto. It is further agreed by the Municipality that:
(a) It will maintain, at its own cost and expense, all portions of the project that lie within its jurisdiction for such main-
tenance through statutory requirements, in a manner satisfactory to the State or the Federal Highway Administration or both, or
their authorized representatives, and will make ample provision for such maintenance each year.
(b) It will keep records of cost of construction, inspection, tests, and maintenance done by it as will enable the State
to report, upon request of the Federal Highway Administration, the amount and nature of the expenditure for these purposes;that
the accounts and records of such expenditures, together with all supporting document, will be kept open at all times to inspection
by authorized representatives of the Federal Highway Administration;and that it will furnish copies thereof when requested.
(c) 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 offi-
cials, approved by the State, and concurred in by the Federal Highway Administration.
(d) 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 installa-
tions prohibited by Federal or State highway regulations will not be permitted within the right of way limits of the project. The Mun-
icipality, 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 private installations will be permitted to
be erected or maintained in the future.
(e) It will prohibit angle parking.
(f) It will 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.
(g) It will 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 projects.
(h) It will comply with all applicable provisions of the Wisconsin Action Plan.
(i) When the acquisition of right of way is to be financed either in whole or in part with Federal funds, such purchases or acquis-
itions will comply with the provisions of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (42 U.S.C. 4601 et seq.) as may be amended from time to time, and the requirements set forth in Section II of the State's
Minimum Right of Way Requirements for Federal Aid Urban Systems & TOPICS Projects of July 1973 as may be amended from time
to time.
(j) When the acquisition of right of way is to be financed by the Municipality or other utility or facility owner, such purchases
or acquisitions will comply with the provisions of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (42 U.S.C. 4601 et seq.) as may be amended from time to time, Title VI of the Civil Rights Act of 1964, and the
;uirements as set forth in Section I of the State's Minimum Right of Way Requirements for Federal Aid Urban System & TOPICS
ejects of January 1974 as may be amended from time to time, or the requirements as set forth in Section I of the State's Minimum
Right of Way Requirements for Federal Aid Secondary Projects of July 1973 as may be amended from time to time.
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E-D-51.5 10-75
DESCRIPTION AND ESTIMATE
County Highway Length-Miles
® CITY OF
❑ VILLAGE OF r 44 1 .320
C:1 TOWN OF Oshkosh Winnebago STIrii
Name of Road or Street
South Park Avenue
Existing Facility-Describe and give reason for request
A two-lane rural type roadway. .
Proposed Improvement-nature of work
Reconstruct to a modern type urban facility.
Describe non-participating work included in the project and other work necessary to finish the project completely
which will be undertaken independently by the municipality.
Extend a 42-inch storm sewer main from a new manhole in the Georgia Street intersection
to the outfall in the park lagoon.
The construction of this improvement (Does) ( } require the acquisition of additional right of way.
If Right of Way is required for this project, complete Page 4.
Federal/State Municipal Total
Funds Funds Estimated Cost
Preconstruction Engineering
Right of Way
953,600 (70%) 408,700 (30%) 1,362,300 (100%)
Construction - —
Other non-participating _ 96,30Q 96,300
TOTAL 953,600 505,000 1 ,458,600
Date municipal funds will be available: When required.
The above estimated costs include S 96,300 in non-participating costs necessary to be included in the contract.
This request is made by the undersigned under proper authority to make such request for the above designated Munici-
pality as evidenced by attached resolution, and which upon acceptance by the -.� - hall constitute
agreement between the Municipality and the Wisconsin Department of Transportation.
i epar ment
CITY OF 0 „'BOSH Y TITLE DATE
SIGNED: 2y_ P r �- -,- -�s=°''� e. W I 1 l i am D. Frueh, City Manager 11/11/85
,� , . /r '.. i . Donna C. Serwas, City Clerk 11/11/85
And V E
V�
\NOV 1 t;ot50 _
M
' ATy ATT. V N •
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The acquisition function is to be conducted by (municipality) {state) _ • • • . '•
The (title search). (appraisal) (acquisition) {relocation assistance) (other
of any needed rights of way will be performed by ___City of Oshkosh
(QUALIFIED AGENT OR AGENCY)
All other right of way related activities will be performed by the municipality's own staff.
When the municipality is identified as agent for any Right of Way related activity and federal aid funds are
involved in any phase of the project engineering, right of way or construction, a statement of the munici-
pality's acquisition capabilities must be submitted to the Bureau of Real Estate for approval by the FHWA
prior to the start of any acquisition activities.
When the State is identified as agent for any Right of Way related activity, this request will not be acted
upon until a formal request for such services, Form E-D-419 has been submitted to and accepted by the
Highway Commission.
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