HomeMy WebLinkAbout34580 / 87-265 R E V I S E D
September 77, 1987 N265 RESOLUTIOP!
(CARRIED LOST LAID OVER IdITHDRA47f! )
PURPOSE: AUTHORIZE AGREEMENT FOR FRONTAGE ROAD STUDY
INITIATED BY: �EPARTi4ENT OF PUBLIC WORKS
BE IT RESOLVE� by the Conmon Council of the City of Oshkosh that the
attached Contract Between City of Oshkosh and Howard Needles Tarmen & 6ergen-
doff for the USH 41 Frontage Road Study is hereby approved and the proper City
officials are hereby authorized and directed to enter into same.
6E IT FURTHER RESOLVE� that monies for this purpose are hereby appropriated
from Account fVa. 338-999 — Street Improvement Fund - Exoenditures.
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4?P'��TTTF:D BY '.
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CONTRACT HETWEEN
CIlY OF OSHKOSN
AIdD
HOWARD NEBDLES TAPMEN fi BERCENDOFF �
FO&
Projeee I.D. 4994-0-51
USH 41 Frontage Road Study
(STH 44 • STH 21)
Winnebago Counry
This aggreement, hereinaftar named the CON1RACf, made and enteced into by
and beNeen the Ciry of Oshkosh, hereinaf[er named the MUNICIPALZTY, and
Hovard Needles Ta�en E Bezgendoff, One Park Plaza, Suite 600, 11270 West
Park Place, Milvaukee, Wisconsin, hareinafter named the CONSULTANT, a ap 2t-
nershio organized in accordance with the laws of the�5[ata of Missouri,
provides for those services desezibed in detail hereinafter.
Tha DEPARTHENT proposas a Trafflc Opezations Study, hereinaf[er named the
PR0.TEGT, and whieh is described as follovs: An analysis of vehicular
traffic patterns along and aezoss USH 41 from STH 44 to STH 21 in� the City
of Oshkosh. �
The DEPAR'II4ENT deems it advisable to angage Cha services of a consultant Co
provlde eettain engineering serviees in conjunction with the PROSECT and � -
has authority to contract for [hese sarvices.
The CONSULTANT zepresents that they are in compliance v;th the Wiseonsin
Statutes relating to the pzactice of engineering and signifies theix
vlllingness eo provide the desired services. �
Tharafoxe, in consideration of these premises and of [heir mutual and
depandent agieementa, [he perties hereto agtee as set forth on the
fallowing pagtes 1 - 32, wh3eh aie annaxad and made a part hareaf.
In witness whereof, the parties hereto have cause [his Agreement Co be -
exeeuted end approved on Che data wrttten by their authozized officer or
repLesen[atives.
CITY OF OSHKOSH CONSULTANT:
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Date Date
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By: ay: ; - _
Date Date
Appxoved foz [he State of Wisconsin
Depaztment of Transportacion
By:
Administrator DaCe
Division of Highvays and
Transpot[ation Facilities
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GENERAL PROVISIONS . . .
Table of Contents Paae
1. Scope of Services ........... .......... . ..... ........... ... 1
A. General .. .... ...... ...... ........ . ...... . ............ . 1
- B. Oesign Reports ... .. .. .... . ..... ..... . .... ......... .... 2
(1) Concept Definition Report ........ ..... . ........ ... 2
(2) Oesign Study Report .... . ........ .. . ............ ... 2
�3) Othe� Reports ..... ...................... . . ........ 2
C. Enviranmental Documentation ............. .... .......... 2
(1) General ...... . .. .... . .... .... . ...... . ...... .......� 2
(2) Categorital Exclusions ...... .. ...... . ...... . ...... 2
(3) Environmental� ASSessment5 ........ .... . . ........ ... 3
(4) Enviromnental Impact Statements .. ..... .. ......... . 3
(5) Agricultural Impatt Statement .......... .. ......... 3 -
(6) Section 4(f) Statement . . .. ............... . . ....... 4 �
(7) Historital and Archaeological Surveys and Studies . 4 �
(8) Noise Reports ....... . ....................... . .... . 5
(9) Air Quality ... .. ..... ...... ........ ........... . ... 5
D. Agency Coordination . ...... . ..... . . ...... ......... . . .. . 5 -
(1) General .... ..... ....... . . ...... ...... . ............ 5
(2) Permits - General . ...... . ....... ........ .......... 6
(3) Section 401 and 402 Certifications ...... . . . . ...... 6
(4) Section 404 Permits . ..... . .. ..... ......... ....... . 6 �
(5) Section 9 and 10 Permits ..... . . ... . . ......... ..... 6
E. Railroad/Utility Involvements ... . . ................... . 7 �
(1) General .... . ..... ....... ...... . . .... . ......... .... 7
(2) Railroad Agreements ..... ....... . . .... . .. ...... . ... 7
(3) Utility Agreements ....... . ...... . .... . . . . ......... 7
F. Public Involvement ... ... . .... . . ..... . ...... . . ........ . 8
(1) General . .. ...... ........... ........ . ..... ......... 8
(2) Informational Meetings ............. . . . ...... . .... . 8
(3) Public Hearing . . ..... . ........ ...... . ........... . 8
G. Locating .............. . .... . ....... . .... .. ..... . ...... 9
H. Surveys . .... . .... ...... ..... ....... ..... . . .... . ....... 9
I. Road Plans ............. . .... . ...... ...... . . ... .... ... . 11
J. Structure Plans ..... . ... . ..... . ...... ...... . .......... 14 -
K. Plats ..... ..... .......... . ..... . ...... ...... . ........ . 15
L. Meetings ........ .......... . ..... . . .............. . . . ... 16
, M. P.S. 8 E. ... ............... . . . .... . ........ ....... . .. . 16
2. Prosecution and Progress . ..... ..... . . ...... . .... . ..... . ... 16
A. General . .......... ..... .... . .... ... ..... ....... . ....... 16
B. Delays and Extensions ... . .... . . ...... ..... ...... ....... 17
C. Termination of Contract .. ..... . . ..... . .... ....... . ..... 18
D. Subletting or Assignment of Contract ... . . .... ..... . .... 18
3. Basis of Payment .. . ........ . . .... . ..... . ..... ..... ..... ... 19
A. GeneraT ......... .... ..... . .... .. ..... . ... . ...... . . ..... 19
B. Work Orders, Extra Work, or �ecreased Work . . . .... . .... . 20
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1. SCOPE OF SERVICES
A. GENERAL
(1) The work under this CONTRACT sha17 consist of performing those
phases or portions of the engineering for the PROJECT netessary or
incidental to accomplish the PROJECT, and which are elsewhere herein
specified,
(2) The CONSULTANT shall furnish all services and labor netessary to
conduct and complete the work, and shall furnish all materials,
equipment, supplies, and incidentals other than those which are
hereinafter designated to be furnished by others. -
(3) The term "OEPARTMENT" shall mean and include the Wisconsin
Department of Transpor.tation and its authorized representatives.
(4J The term "FHWp" shall mean and include the Federal Highway
Administration and its authorized representatives.
(5) The Nork under this CONTRACT shall at all times be subject to the
revier and approval of the MUNICIPALITY, shall be under the direction . -
of its authorized representative, and shall be in atcord with the
requirements contained in Lhe Department's Facilities Development
Manual , hereinafter referred to as the MANUAL.
(6) Since the work unAer this CONTRACT is to be financed in whole or
part with federal or state funds, the work shall comply with all -
applicable state and federal laws and regulations.
(7) The OEPARTMENT and the FHWA shall have the right to participate in
all conferences and reviews.
(8) The work under this CONTRACT is subject to review and approval by
the DEPARTMENT at those appropriate steps defined in deiail in the
MANUAL.
(9) The CONSULTANT shall from time to time during the progress of the
� work confer with the MUNICIPALITY and shall prepare and present such
inforniation and studies as may be pertinent and necessary o� as may be
requested by the MUNICIPALITY to enable it to pass judgment on the
features of the work. The CONSULTANT shall make such changes,
amendments, or revisions in the detail of the work as may be required
by the MUNICIPALITY. The MUNICIPALITY reserves the right to select the
alternative to be used and may request additional alternatives be
studied.
(]0) At the request of the MUNILIPALITY, and during the progress of
� the work, the CONSULTANT shall furnish such maps, portions of plans, or
other information or data relating Lo his work under this CONTRALT as
may be required to enable the MUNICIPALITY to carry out or to proteed
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action type shall be prepared by the CONSULTANT as specified in the
MANUAL. The appropriate number of copies shall 6e furnished to the
MUNICIPALITY and the DEPARTMENT for approval .
(3) Environmental Assessments (Type II Actions):
� (a) When the OEPARTMENT'S Environmental Action List categorizes the
PROJECT as a Type II attion, an Environmental Assessment shall be
prepared by the CONSULTANT as specified in the MANUAL. If review of
the Environmental Assessment by the DEPFRTMENT and FHWA indicates that
changes to this document are necessary (before a determ�ination can be
made by the DEPARTMENT and the FHWA as ta whether a Finding. of No
Significant Impact wi}1 be made or whether the preparatian of an
Environmental Impact S.tatement will be required) all such changes shall
be made 6y the CONSULTANT. The appropriate number of copies of the �
completed Environmental Assessment, as specified in the MANUAL, shall
be submitted to the MUNICiPALITY and the DEPRRTMENT for approval .
Unless provided elsewhere in Lhis CONTRACT, notification of the
availability of the Environmental Assessment shall be published 6y the
MUNICiPALITY. Rny revisions to the Environmental Assessment resutting -
from the public availability period shall be the responsibility of the
LONSULTANT.
(b) When review of the Environmental Assessment by the DEPARTMENT and
fHWA indicates that an Environmental Impact Statement will be required,
the preparation of this document.shall be considered as "Extra Work", -
unless otherwise provided for elsewhere in this LONTRACT.
(4) Environmental Impact Statements (Type I Actions) :
When an Environmental Impact Statement is required under this CONTRACT,
draft and final versions of this statement shall be prepa�ed by the
CONSULTANT. Ouring the preparation of this statement, draft copies
shall be provided to the MUNICIPALITY for review and comment by the
DEPARTMFNT and the fHWA. These tomments shall be evaluated and
. incarporated into the statement. When mutual agreement has been
reached, an original copy of the Environmental Impact Statement - _
suitable fo� reproduction - shall be furnished to the MUNICIPALITY for
endorsement on the title sheet by the DEPARTMENT and the FHWR. After
the title sheet has been signed, the CONSULTANT shall arrange for the
printing of the necessary number of copies of this document. The
MUNICIPALITY will specify the num6er of copies required. Circulation
of the Draft and Final Environmental Impact Statements shall be by the
OEPARTMENT. The publishing of a public notice of availability shall be
by the MUNILIPALITY.
(5) Agricultural impact Statement:
As required by current procedures of the DEPARTMENT, defined in detail
in the MRNUAL, the CONSULTANT shall prepare a Notification of Interest
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the PROJECT, it may be necessary to 1) conduct a further Archaeoloaical
Study(s) to determine the eligibility of the site(s) for inclusion in
the National Register of Historic Places or 2) excavate, salvage and
preserve such material as may be agreed to by the Pdvisory Council for
Historic Preservation, FHWA, the MUNICIPALITY and the DEPARTMENT. Such
work shall be considered "Extra Work" unless otherwise provided for
elsewhere in the CONTRACT.
(e) Archaeological surveys, studies and other additional
archaeological work and reports that may be required under this
CONTRACT shall be made only by an archaeologist meeting the
qualifications of 36 CFR 67 , Appendix A. Historical studies and
reports that may be required under� this CONTRACT shall be made only by
an historian meeting the qualifications of 36 CfR 61, Appendix A.
(8) Noise Reparts: -
The CONSULTANT shall evaluate the effects of the PROJECT on highway
noise, in accordance with the procedures as set forth in the MANUAL,
and shall incorporate such information as necessary into the
environmental document. If the DEPARTMENT determines that a separate �
Noise Report is �equired for the PROJECT, the preparation of this
report shall be considered to be "Extra Work" unless otherwise provided
for elsewhere in this CONTRACT.
(9) Air Quality:
The CONSULTANT shall evaluate the effects of the PRO,IECT on air quality
in accordance with the procedures in the MANUAL, and prepare an
appropriate air quality analysis in conjunction with the Department of
Natural Resources. Such information as necessary shall be incorporated
into the environmental document. If the OEPARTNENT is required to make
application for an air pollution control permit, the preparation of
this application shall be considered to be "Extra Work" unless
otherwise provided for elsewhere in this CONTRACT.
D. AGENCY COOROINATION
(I) General :
(a) The CONSULTANT shall , as Lhe representative of the MUNICIPAIITY,
consult with all affected local , state, and federal agencies and supply
them with the necessary information conterning the PROJECT, including
exhibits, zo as to enable them to discharge their responsibilities
within their jurisdiction. �
(b) Lontact with these agencies shall be made early enough in the
development of the PROJECT to enable them� to make a timely response so
that their comments can be considered at the appropriate stage of work
under this CONTRACT. These contacts shall be identified within the
public involvement plan and public participation log as set forth under
Lhe pravisionz of Section 1.F.(1) of this CONTRALT.
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necessary permit application(s} for submittal to the United States
Coast Guard and/or the United States Army Corps of Engineers when such
permit(s) is/are required for the PROJECT.
E. RAILROAD/UTILITY INVOLVEMENTS
(1) General :
(a) Du�ing the development of the work under this CONTRACT, the
CONSULTANT shall , on behalf of the MUNICIPFL[TY, confer with a11
affected railroad and utility companies, in accordance with the
procedures as set forth in the MANUAL, to esta6lish mutual -
understanding on design features. �
(b) The CONSULTANT shall keep the MUNICIPALITY duly informed of the
status and nature of all such coordination activities, to enable the �
MIINICIPALITY to carry out or proceed with related phases of the
PROJECT.
(2) Railroad Agreements:
(a) The CONSULTANT shall provide the MUNICIPALITY with all necessary
PROJECT information including names of affected railroad companies,
location along the project, manner and degree affected, and exhibits,
plans, specifications, estimates, reports, and other pertinent
documentation as may be required to enable the �EPARTMENT and/or the
MUNICIPALITY to negotiate any necessary agreements with the affected -
railroad tompanies, in accordante with the procedures as set forth in
the MANUAL. �
(b) The CONSULTANT shall present testimony at proceedings before the
Transportation Commission, at the request of the MUNICIPpLITY. The
attendance and the preparation of all statements, exhibits and
documentation in this regard shall be considered to be "Extra Work"
unless otherwise provided for elsewhere in this CONTRACT.
(3) Utility Agreements:
(a) The CONSULTANT shall provide the MUNICIPALITY with all ne[essary
PROJECT information, including names of affected Utility companies,
the locations along the PRO�ECT, manner and extent to which affected,
and exhibits, plans, specifications, estimates and other pertinent
dotumentation as may be required, to ena6le the affected utility
companies to obtain the necessary permits, enter into any necessary
agreements and to adjust and/or relocate their facilities, in
accordance with the procedures as set forth in the MANUAI.
(b) Unless otherxise provided for elsewhere in this CONTRACT, the
MUNICIPALITY will enter into negotiations with the affetted utility
companies and will prepare all necessary agreements and conveyances.
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(c) The CONSULTANT shall be represented at the Public Hearing and
shall be prepared to assist and provide information as requested by the
MUNICIPALITY.
(d) The CONSULTANT shall evaluate the transcript of testimony received
at the Public Hearing and make written retommendations to the
- MUNILIPALITY as to the possible disposition of the comments received. -
(e) As diretted by the MUNICIPAL[TY, the CONSULTANT shall incorporate
into this PROJECT those changes or modifications brou9ht about as the
� result of the Public Hearing.
(f) A71 of the work efforts of the CONSULTANT pertaining to the
conduct of the Public -Hearing for this PROJECT are a part of this
LONTRALT unless atherwise provided elsewhere in this CONTRACT.
G. LOCATING �
(1) When Locating is specified elsewhere in this CONTRACT the
CONSULTANT shall conduct suth investigation, study, or reconnaissance
of an area between designated termini upon which a determination for -
the location of the highway be made.
(2) locating is the development of a fairly precise alignment within a
relatively narrow band (subject to further sDecific refinement under �
"ROad Plans") such that the feasibility, pratticability, and costs of
the location can be fully evaluated. When appropriate to .consider a -
new location or a relocation, sufficient reasonable alternatives shall
be developed to enable selection of the most suitable alternate for
further development.
(3) Locating shall include the presentation of maps drawn to a
suitable scate of feasible potential alternate atignments. Such maps
shall portray the proposed alignment and profile, and topographical ,
geologital , and cultural features which may have a bearing or influence
on the geometrics of highway, costs of right of way, environmental
aspects , construction, future operation, maintenante, and traffic
� services, among others. _
H. SURVEYS
(1) The CONSULTANT zhall make such surveys as are necessary to
atcomplish the work under this CONTRACT. Suth surveys shall be
complete with respect to detail and to such degree of precision and
accuracy as necessary to develop the plans for the design of Lhe
PROJECT to usual standards of the DEPRRTMENT and to yield the data
necessary for the computation of the quantities of the several items of
work embraced in the construction of the PROJECT, and to yield the
� physical information necessary for the acquisition of� right of way.
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Foundation borings shall be performed such as to yield sufficient
detailed data to enable a thorough and comprehensive engineering design
of the structure and its foundation.
Foundation investigations shall be coordinated with the DEPRRTMENT,
with a minimum of three working days prior notice, to enable the
DEPIIRTMENT to make provisions for on site observation and to evaluate
subsurface conditions during drilling, when desired. When borings have
rea[hed the depths specified, or as contemplated in the contract,
without achieving desired or necessary data, the driller is authorized
ta continue drilling until the depths reach 120 percent of the planned
depths. When necessary data is obtained for any individual boring,
prior to borings reac6ing the planned depth, the drilling for that
� individual boring shall be terminated.
, When completion of the number and/or 120 percent of the depth of any
individuat boring as set forth in the LONTRACT is not suffitient to
adequately assess subsurface conditions, or otherwise determine all the
- required fnundation information, the CONSULTANT shall recommend revised
boring depths or revised boring program, for verbal authorization hy _
the DEPRRTMENT. The reasons for the authorization request shall he
substantiated by the daily boring log. The eztent of all subsurfate
foundation investigation performed shall be fully justified in the
Soils Report for the PRO�ECT.
Mhen sufficient information has been obtained prior to the completion _
of the anticipated boring program, the CONSULTANT shall recommend
termination of the investigation for verbal authorization by the
OEPARTMENT. Such authorization shall require justification by the
CONSULTANT and be fu17y substantiated in the Soils Report for Lhe
PROJECT.
Sofl boring work will be neasured and paid for on the hasis of linear
feet of borings made and shall be substantiated by the daily boring
log.
CostS in excess of Contract Amounts shall require a contract change
order. -
(6) They shall include ties to section corners, quarter section
corners, and to street lines or block corners in platted areas. These
ties shall be in sufficient detail to permit the preparation of proper
legal descriptions of the lands to be acquired.
(7) As required in the MANUAL, surveys shall be tied into the State
Coordinate System.
I. ROA� PLANS �
(1) When specified elsewhere in the CONTRACT, the CONSULTANT shall
prepare Road Plans.
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(6) The design of pavement structural layers shall be in accordance
with procedures in the MANUAL.
(7) The plans shall be prepared with such precision and in such detail
to permit the convenient layout in the field for construction and other
purposes within the tustomary deg�ees of accuracy. They shall also be
of such character to provide for the calculation af an accurate
estimate of quantities for the items of work to be performed in the
constructian of the PRO�ELT.
(8) The LONSULTANT shall prepare such sketthes or preliminary plans
with reproductions thereof to be furnished to the MUNICIPALITY, as may
be required by the MUNICIPAIITY or the DEPARlMENT, of such situations
or locations as may require special treatment or study prior to the
determination of the final design.
(9) Road Plans may be developed using either manual or computer aided
design systems. Plan preparation shall be in accordance with the
prescribed methods and on the approved plan sheet vehicles descrihed in
the MANUAL. . ,
(10) The scales to be used, �the lettering, and the general delineation
of the plans shall be such as will provide legible offset prints when
the plan sheets are photographically reduced to one-half their original
dimensions.
The horiiontal and vertical scales to be used for plan and profile -
� presentation on Road Plans shall confonn to the requirements of the �
MANUAL. Other combiriations of scales may he used where appropriate and
when approved by the MUNICIPIILITY and concurred in by the DEPARTMENT.
The scale on the detail cross sections shall be one inch to five feet,
except that for extra Fieavy earthwork or wide sections a scale of one
inch to ten feet, or a combination of such stales for horizontal and
vertical directions may be employed.
. (11) When so provided elsewhere in this CONTRACT, the MUNICIPALITY
will furnish to the CONSULTANT such survey notes, partially completed
plans or other data as may be set forth in this CONTRACT for their use
in the preparation of the plans. Unless otherwise specified in the
CONTRACT, such partial plans shall be considered only as preliminary
information subject to further development.
(12) In connection with and as a part of the work em6raced in the
preparation of Road Plans, the CONSULTANT shall prepare and furnish to
the Ml1NILIPALITY specifications for tonstruction work included in the
plans whith are not covered by the STANDARD SPECIFICATiONS of the
DEPARTMENT, and such amendments to or revisions of the STANOARO
SPECIFICATIONS as may be required to properly cover the work
- co�templated by the plans.
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(6) When the plans for a structure have been completed to the degree
that all of the detail has been substantially developed, the CONSULTANT
shall furnish the MUNICIPALITY with three sets of prints of such plans
for review and examination.
(7) The CONSULTANT shall submit three copies for review and
examination of all specifications for items of work included in the
Structure plans which are not covered by the STANCIARO SPECIFICATIONS of
the OEPARTMENT and suth amendments to or revisions of the STANDARD
SPECIFICATIONS as may be required to properly tover the work
contemplated by the plans. �
(8) The preparation or checking of shop drawings for the Pabrication
of structu�al steel is not a part of the work under this CONTRACT,
. . unless specifically required elsewhere in this CONTRACT.
(9) Plans will be subject to review and examination by the
. MUNICIPALITY, the DEPARTMENT, and the FHWA. Such review and
examination may be made on the site of the PRO,]ECT.
(10) Along with the plans for structures the CONSULTANT shall submit -
one copy or reproduction of the design computations for the �
MUNICIPALITY'S review and permanent file.
(11) When the plans for structures are to be prepared by others, the
MUNILIPALITY and the LONSULTANT(5) shall provide each other Hith the
necessary pertinent information to effect the proper correlation
between the Road Plans and the Structure Plans.
(12) The LONSULTANT shall furnish such other pertinent information and
data with respect to the plans and design as the DEPARTMENT may
request.
K. PLATS
(1) When specified elsewhere in this CONTRFCT, the CONSULTANT shall
prepare Right of Way Plats using conventional manual methods or using
canputer aided design system methods, which shall tonsist of a Litle -
5heet, layout sheets, and detaii sheets as further defined in the
MANUAL. Unless required elsewhere in this CONTRACT, preparation of
. plats shall be paid for as "Extra Work".
(2) When required elsewhere in this CONTRACT, Title Searches shall be
made of the titles to all properties ar premises through or over which
a Right of Way for the PROJECT is to be acquired, except those of
Railroad Companies. The Title Search shall extend over and cover a
minimum period of five years or to the last conveyance of record if
more than five years, and shall include a certification to the
MUNILIPALITY of all entries of record affecting the titles of the said
properties or premises during such period. R copy of the last deed of
record shall be included as part of the title report. All easements on
purchased property shall be identified. .
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(2) The CONSULTANT shall complete the work under this CONTRACT within
the time for completion specified elsewhere in Lhis CONTRACT. The Lime
- for completion shall be construed to begin upon written order from the
MUNICIPALITY and shall end with the MUNICSPALITY's written notification
to the CONSULTANT acknowledging formal atceptance of the completed
work. Said time shail not he extended because of any delay
attributable to the CONSULTANT but may 6e extended hy the MUNICIPALITY
with concurrence by the DEPARTMENT in the event of a delay attrihutable
to the Ml1NIL(PALITY or its authorized representative, or because of
unavoidable delays caused by an act of God, war, govermmental actions,
or other conditions beyond the control of the CONSULTANT.
(3) Work by the CONSULTANT shall proceed continuously and �
expeditiously through -completion of each phase.
(4) Progress reports documenting the extent of completed work shall be �
prepared by the CONSULTANT and submitted to the MUNICIPALITY not less
than quarterly. Reports submitted under Section 3.A.(4) of these
provisions can serve to fulfill this requirement.
(5) The CONSULTANT shall notify the MUNICIPALITY in writing when the -
CONSULTANT has determined that the work under this LONTRACT has been
completed. Upon the MUNICIPALITY's and the DEPARTMENT's subsequent
determination that the work has been satisfactorily completed, the -
MUNICIPALITY will provide written notification to the CONSULTANT
acknowledging formal acceptance of the completed work.
(6) Unless the CONTRACT has been terminated prior to the completion of
the work as hereinafter provided, the CONTRACT shall not be considered
terminated upon completion and acceptance of the work, or upon final
� payment therefore, 6ut shall be considered to be in full force and
effect for the purposes of requiring the LONSULTANT to make such
revisions or corrections in the work as are necessary to correct errors
made by the CONSULTANT in the work, or for the purposes of having the
CONSULTANT make revisions in the work at the request of the
MUNILIPALITY as "Extra Work".
� (7) The CONTRACT will be considered terminated when the construction _
or the PROJECT has progressed sufficiently to make it manifest that the
construction can be completed without fu�ther revisions in the work, or
if Lhe CONSULTANT is released prior to such time by written notice from
the MUNICIPRLITY, or if more than three (3) years have elapsed �
following formal written notification of final acceptance of the work
by the MUNICIPALITY.
B. DELAYS AND EXTENSIONS
(1) Delays in completing the work within the time provided for
� tompletion as specified elsewhere in this CONTRACT, for reasons not
attributable to the CONSULTRNT, may constit�te justification for
additional compensation to Lhe extent of documentable increases in
ll
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(2) When the CONSULTANT is authorized to sublet or assign a portion of
the work under this CONTRACT, the CONSUL7AN7 shall perform, with� his
own organization, work amounting to at least one-half of the original
CONTRACT amount.
(3) Consent to�assign, sublet, or otherwise dispose of any portion of
the CONTRACT shall not be construed to relieve the CONSULTANT of any
- responsibility for the fulfillment of the CONTRACT.
(4) When the CONSULTANT subcontracts for the performance of a portion
. or any phase of the work under this CONTRACT, the subcontract shall
provide for the performance of such work to the full scope as
co�templated in this CONTRACT and to the same standards and� concept as
if performed by the prime CONSULTANT.
(5) No subletting, subcontracting or assi9nment of any portion of the -
work under this CONTRACT shall state, imply, intend or be construed to
limit the legal liability of either the prime CONSULTFPIT or the -
su6cantra[tor.
3. BASIS OF.PAYMENT -
A. GENERAL
� (1) The CONSULTAPIT will be paid by the MUNICIPALITY for the completed
and approved work or services rendered under this COM1TRACT on the 6asis
' and at the CONTRACT price set forth elsewhere in this CONTRALT, and for �
"EZtra Nork", if any, at the compensation therefore set forth in the
approved written orders covering suth work. Suth payment shall be full
compensation for work performed or services rendered and for all labor,
material , supplies, equipment and incidentals netessary to complete the
work.
(2) If, when so provided elsewhere in this LONTRHCT, that compensation
shall be made on more than one basis, the payment to be made shall be
the aggregate sum of the amounts determined on the several bases.
(3) Reimbursement for costs will be limited to those which are -
� allawable under 48 CfR 1-31.2, Federal Acquisition Regulations, except
as modified 6y WisDOT policy,
(4) The CONSULTANT may submit invoices to the MUNILIPALITY, not more
often than once per month during the progress of the work, for partiai
payment on actount, for the authorized work compteted to date. Such
invoices shall represent the value of the partially completed work, and
shall be attompanied by a progress report as discussed in Settion
2.A.(4) , showing the ainount of CONTRACT work accomplished at the end of
the billing period. Payments Lo the CONSULTANT will be limited to 95
percent of the total CONTRACT cost with the 5 percent retainer being
withheld from the last 6illing(s) . The 5 percent retainer will be paid
upon notice from the CONSULTANT that the CONTRACT work is completed and
final atceptance of the work by the NUNICIPALITY.
19
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through revisions to the MANUAL and made subsequent to the execution of
this CONTRACT shall be in accordance with Section 3.8. of these
provisions. �
B. REYISION OF COMPLETED PLANS
(1) The CONSULTANT shall make such revisions in plans which have been
completed, approved, and accepted by the MUNICIPALiTY as are necessary
to correct errors in Lhe plans, wher required to do so by the
MUNICIPRLITY, without compensation therefor from the MUNICIPALITY,
(2) Should the MUNICIPALITY find it desirable for its own purposes to
have previously satisfactorily tompleted and accepted plans or partz
thereof revised, the CONSULTANT shall make such revisions if requested
and as directed hy the MUNICIPALITY. This work shall be considered as
"Extra Work" and witl be paid for as such. �
C. OWNERSHIP OF OOCUMENTS
(1) Upon completion or termination of Lhis CONTRACT all original
� � CONTRACT documents including a magnetic tape copy of computer aided -
design system map and plan files when this method of plan and plat
development was used by the LONSULTANT, shall be delivered to and
� become the praperty af the MUNICIPALITY. These notes, studies, reports,
estimates, specifications, plans, etc. may be used without restriction
for any public purpose. Any such public use, other than for the PROJECT
hereinbefore identified, shall be at the risk of the MUNILIPALITY and "
shall not constitute any liability on the CONSULTANT.
D. CONTINGENT FEES
(1) The CONSULTANT warrants that he has not employed or retained any
company or person, other than a bonafide employee working solely for
the CONSULTANT, to solicit or secure this CONTRACT, and that he has not _
- paid or agreed to pay any company or person, other than a bonafide
employee working solely for the CONSULTANT, any fee, comnission,
percentage, brokerage fee, gift, or any other consideration,
contingent upon or resulting from the award or making of this CONTRFCT. _
For breach or violation of this warranty the MUNILIPALITY 5ha71 have
the right to annul this CONTRACT without liability, or on its
discretion to deduct from the agreement price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift, or contingent fee.
E. ACLESS TO RECORDS
(1) The CONSULTANT, as well as his subcontractors , if any, agree to
maintain all books, documents , papers, accounting records and other � .
- evidence pertaininq to all tosts incurred under this CONTRACT and to
21
� _.wiSCOxLnOVw0.TMENTOiiR/.NSIOXTATiON �3y�1'n •y
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(2) The following statutory definition shall be used far the purpose
of interpreting and administering this CONTRACT. "Developmental
disability" means a disability attributable to mental retardation,
cerebral palsy, epilepsy, or another neurological condition closely
related to mental retardation or requiring treatment similar to that
required for the mentally retarded, which disability has originated
before the individual has attained lf3 years of age, has continued or
can be expected to �continue indefinitely and constitutes a substantial
handicap to the afflicted individual .
(3) The CONSULTRNT will comply with the Regulations of the State of
Wisconsin a�d the DEPAATMENT relative to nondiscrimination in
Federally-assisted programs of the Department of Transportation (Title
49, Code of Federal Regulations, Part 21, hereinafter referred to as
the REGULATION) , whith are herein intorporated by reference and made a
part of this CONTRACT. �
(4) The CONSULTANT with regard to the work performed by it after award
and prior to completior. of the work, will not discriminate an the
grounds of sex, race, color, or national origin in the selection and
retention of subtontractors, including procurements of materials and -
leases of equipment. The CONSULTANT witl not participate either
directly or indirectly in the discrimination prohibited by Section 21.5
of the REGULATIONS, including employment practices when the LONTRACT
covers a program set forth in Appendix B of the REGULATIONS.
(5) In all solicitations either by competitive bidding or negotiation -
made by the CONSULTANT for work to be performed under a subcontract
including procurements of materiais or equipment, each potential
subcontractor or supplier shall be notified by the CONSULTANT of the
CONSULTANT'S obligations under this CONTRACT and the REGUlATIONS
relative to nondiscrimination on grounds of sex, race, color or
national origin. �
(6) The CONSUITANT will provide all information and reports required .
by the REGULATICNS, or orders and instructions issued pursuant thereto,
and will permit access to its books, records, accounts, other sources
of information and its facilities as may be determined by the -
. DEPFRTMENT to be pertinent to ascertain compliance with such
REGULATIONS, orders and instru[tions. Where any information required
of a CONSULTANT is in the exclusive possession of another who fails or
refuses to furnish this information, Lhe CONSULTANT shall so certify to
the MUNICIPALITY, �EPARTMENT and FHWA and shall set forth what efforts
it has made to obtain the information.
(7) In the event of the CONSULTANT'S noncompliance with the
nondiscrimination provisions of this CONTRALT, the MUNICIPRLITY shall
impose such CONTRALT sanctions as it, the DEPRRTMENT, and the FHWA may
determine to be appropriate including, but not limited to:
(a) Withholding of payments to the CONSULTANT under the CONTRACT until
. the CONSULTANT complies, and/or �
23
.• . • ...WISCONSIH OEVIPTM[NTOf TP6N5MPTATION �� �K�f
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(3) If the total Contract Amount for this Contract exceeds 425,000,
� the consultant shall procure services and/or subcontract, a minimum of
10 percent of the total amount to one or mare DBE firms. A listing of
such firms is maintained by the Wisconsin Department of Development,
and by the Wisconsin Department of Transportation. This requirement -
does not pertain to this CONTRACT if the prime tonsultant is a
certified �B firm.
(4) The CONSULTANT shall identify, by name, the DB entreDreneur(s)
- whose utilization is intended to satisfy this provision, the items of
work involved, and the dollar amounts of such items of work elsewhere
in this CONTRACT. � �
(5) The CONSULTANT shall maintain records and document his
pe�formance under this� item.
J. EQUAL EMPLOYMENT OPPORTUNITY (A71 Contracts Exceeding $10,000)
�uring the performance of this CONTRACT, the CONSULTANT agrees as
follows:
(1) The CONSULTANT wili , in all solicitations or advertisements for
employees placed by or on behalf of the CONSULTANT, state that all
qualified applicants will receive consideration for employment without
regard to race, color, religion, sex or national origin.
(2) The CONSULTANT will comply with all provisions of Executive Order -
11246, entitled "Equal Employment Opportunity", as amended by Executive
Order 11375, and as supplemented in Department of Labor regulations (41
CFR Part 60) .
(3) The CONSULTANT will furnish all information and reports required
by Executive Order 11246 and by rules, regulations and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his
books, records and accounts by the DEPARTMENT, FHWA, and the Secretary
� of Labor for purposes of investigation to ascertain compliante with
such rules, regulations and orders.
(4) The CONSULTRNT will include the provisions of this Settion
entitled "Equal Employment Opportunity" in every subcontract in excess
. of 510,000.
K. IMPLEMENTATION OF CLEAN RIR ACT AND FEOERAL WATER POLLUTION CONTROL ACT
(All Contracts Exceeding 4100,000)
(1) The CONSULTANT stipulates that any facility to be utilized in the
performance of this CONTRACT, unless such CONTRACT is exempt under the
Clean Air Act, as amended (42 U.S.C. 1857 et seq. , as amended by Pub.
L. 91-604) , and under the Federal Water Pollution Control Att, as
amended (33 U.S.C. 1251 et seq. , as amended by Pub. L. � 92-500),
Executive Order 11738, and regulations in impl.ementation thereof (40
CFR Part 15) , is not listed, on the date of LONTRALT award, on the U.S.
Environmental Protection Agency (EPA) List of Violating Facilities
Pursuant to 40 CFR 15.20.
2$
5. SPECIAL PAOVISIONS
A. Scope of Servicea '
1. '!hn work ux�der this CONTRACT shall <onsist of a traffie
engineering study foc the USH 41 frontage road system betveen
STH 44 and STH 21. This study shall consist of four phases:
Phase I - Data collection and idantificatSon of pcoblams.
Phrae II - Develop future ezaffie volumes and land use plan.
Phase III - Develop shoit-term end long-term alterna[ives.
Phase IV - Make reco�endations and prepare zeport.
2. Ssction 1.5. (2), 1.C, 1.D.(2) through (5) , 1.E(2) and (3) ,
1.F. , 1.H. , and 1.M of the Cene[al Ptovlsions shall not apply
CO thi9 CONTRACT. '
B. Meatings �
1. Five meeeiags, as defined in Section 1.L. of the General -
Provlsions are provided for in this CONTRACT.
C. Prosecutlon and Pxogress -
1. Work undea this CONIRACT sha11 be completed in 9 months. The -
� consultant sha11 identify a project for FAU funding in 6
months.
2. The CONSIILTANT sha11 sublat portions of [he work of data
gaehering and altarnative developmant to tha Disadvantage
Buslness Firm of Dikite Entarprises. -
D. Basia of Payment
1. The CONSULTANT will be compensa[ed for services provided for
�mdar thia contrect on the following basis:
�F�,L'SCi
a. For the Traffle enginearing study, a lump sum o£ $f2,-BY6.
b. For the vork o£ Dikiea Enterprises, the CONSULTANT's
aetual cost not to azeeed $4,700.
q So _
2. The total eoat of [he CON11iACT shall no[ exceed $46,F38.
3. Request far payment by the CONSULTANT aza [o be made to the
DOT, DSstriet office at Green Bay and payment will be made by
the DOT. A copy of the requast fo[ payment will be sent to the
MUNICIPALITY. .
I.D. 4994-0-51 27
E. Aeeess to Records
1. Yhe CONSI7LTANY's records of the sexvices provided fot under
this CONTRACf shall be available for inapection and copying et
One Park Plaza, Suite 600, 11270 Yest Park Place, Milvaukee,
uisconsin 53224.
F. MUNICIPALITY Responsibillty
. 1. The Ciry of Oahkosh will furnish [ha cansultant with [ha
following:
a. Exiating raports, maps, aketehes, eost estimatea, and other
. da[a perta3ning to the praject to the extend available.
b. �Existing street and right-of-vay maps. "
c. City utility maps�.
G. DEPARiMENT Responsibility
1. She Depar�ent of Transportation vill furnish the CONSULTANT
. vith tha following:
- a. Plans and right-of-vay plan along USH 41.
b. Availabla traffic data. �
H. Miscallaneous
1. Cloee eooperation between the CONSULTANT, DEPARTMENT, and the
H[/NICIPALITY will be required at all tlmes. The Lepresentative
of ttte CONSULTANi w111 ba Kenneth Czaham. The representative
of the MUNICIPALIlY will be Gerald Konrad.
I.D. 4994-0-51 28
ecgcinx�err i
VORR PHOGRAM
Phase i Existing Candieions �
Task I-A: Operational Planaiag Meatiag
During eLis meetiag, eha 'fask Forca C�iti�a vill be focmed and ahould Sncluda
r�preeanutioaa from tha City, t6a DO'f and the adjaeent busiaesaas. TLa spacific
achsdule and urget datea usaeiatad vlth tha etudy tan [hen be eatabliahed. Ia
addition, lialson pracedurea, study parametara and limitatioas vlll be diaeuaaed.
� Yhia maating v111 also pronide an appartuaity to requ�st available data from the
City of Oehkoah and the Department af Tranaportatioa. ,
Taek I-B: Data Collection ,
Polloving thn reoinv of the data sequaeted from the etudy iaitiation meeting,
additional daia iaeluding txaffie eounts/aurveye, aecideat reports and eaisiiag
laad us� iafozmatioa will ba colleeted. -
Tra££ie Counta/Surve9a �
Iatara¢ctloa turniag movement eouate at the 15 eritical interaections shall he
tonductad. These counts vill ba taken on a typieal veekday and vill cover the
mosniag peak pexiod (7:00 a.m. - 9:00 a.m.), naon petiod (11:00 a.m. - 1:00 p.m.)
and the avening paak period (3:00 p.m. - 5:00 p.m.). Ia additian, iraffic ae ths �
iaterenetion af Fosller Avmue and 9eh Avmue aad the NB USH 41 off ramp and 9th
Avaau� vill be counted on a Simday fram 11:00 a.m, to 3:00 p.m. Yurning movemeat
eounea at major dzioeways oa Roeller Aveaue from Meaard Drive to Witzel Aveaue witt
b� eondueted duriag ehe aooa hour period aad eha avealag peak period. Traffic
movementa oeeurring beNeen tha 9th Avenue iatersnctioas wlth Roeller Aveaue and
thn II5H 61 NB on and o£f rape will be obaeroed to Sdentify ehe traffic patterae
through ehese ineeraectians.
Mcidaat Re9orta
� Aceident information from tbe past 3 years will �be collected and reoiewed to
idantify eritieal areas from a safety ataadpoint. Aecideat problem locatioae vill
be ideatlfied during a meetiag vith :Sark Huddlaetan. TLe accident reporta for
Chnse problam lacationa will thea be obtained from tLe Police Deparimene to deter-
miaa co111sioa pattems and cauaea.
Lmmd IIs�
17aa ezinting laad use caithia the atudy area vill be detexmiaad through a vindshield
aurvey aad marked oa a L" � 200' aerial of the pro�ece axea. In addition, inter-
vievs will be held vith [he appropriate city ataff aad ot6er governmeat ageacies if
aeeeseary to detezmina expected future laad unea vithin the study area.
Task I-C: Operational Characteristica
Following a review of all the Snfaxmation obtaiaed duriag the data collectioa
effort, tha operaCioaa2 eharacteristics o£ the various iatersections aad roadvay
aegments shall be detecmined. - Procedures developed ia the 1985 Highvay Capacity
Haaual shall be .used for thia analyais. _
Z.D. 4994-0-51 z4
Taek I-D: Define EslatlaR Traffie Conditions
Otilizing the eollacted data aad ehe analyeia of [ha oparatioml eharatinriatics,
eurseat traf£Sc cizevlatioa patterns vithia [ha study asea shall be eatablished.
Ia addition, erltical araaa wlih unaatiafaetory oparatiag eonditioca, sight dis-
tanee p=oblems, poor geameCrics ox aa£ety eo¢earna vill be Sdentlfled. Thia
Safoxmation will inditate which iateraection/roadway segmenta withia the atudy area
sequira improvements.
Task I-E: Sask Foree Co�ittae Maeeiag -
Ths setond Task Foree Co�i.ttee meeting will 6e held to raoiav [ha ezisting candi-
tiom identlfied ia ehe study area, pasticularly as defiaed for exisciag land uses
nad thosa incersectioas and roadway aegmeate ideatified vlth poor opezating ehaxac-
teriatica aad safety coacerna. This meeting vill allov the eask foree co�tttea to
reaee ta aad provide input to the analyaia. Ia additioa, aay imprwemeats that tan
be quickly implemeated, which may develop as a rasult of Cha firat phase vill be
diseusaed with the co�ittee. -
Phase II - Puture Co¢ditions � �
Task II-A: Yranoaed Land Oae Plan .
� Ae a reault of Taek Z-B (Land Qae) mmd .vorkiag vith the appropriate elty ataff, ehe
futura laad uae which would moet likely develap t6roughaui the atudy axea wiChia
Che nut 20 yeara will 6e detexmined. This plaa vlll includa typea af use and -
approalmate density.
Task II-B: Develoc Future Sraffic Volumes
Projected eraffic volumes vill be based on the future laad uee plaa. Tha Instltute
of iraasportation Eagiaeere Trip Ganeration Manual ahall be used ta detarmine the -
traffic vol�es genaxated by Che expeeted new developmenta. The projacted traffic
vol�es will thea be asaigaed to tha traasportation eystem aad added to the eurreat
volirm�s.
Taek ZI-C: Operational Characteristiea �
folloviag the detexminaLio¢ of ehe projeeted er¢!fie volumes, the future opera-
tional characteriaties of the varioue iateraeetioas aad xoadvay eegmeaes shall be
detexmiaed. Procedures devnlopad in [he 1985 Highvay Capaeity Maaual shall be used
for thla analysis.
Task II-D: Defiae FViture Traffic Conditiona
IItilizing the analyais of ehe future operational ehaxaeteristics, projected eraffie
circulation pa[[erna vi[hin the study area ahall-bn ideatifled. Ia addlcioa,
future critical areaa wlth unsatisfactory operating tonditions or safety coacerna
vill be Lighlighted. This informa[ioa will ideati£y vhich intarsectloa/zoadvay
aegmeats vithln the study area will require future imptavemeats.
Task II-E: iask Force Co�ittee Meetiag
Yhe third Task Force Co�ittee meetiag vill be held to review the forecasted
operating characteristica of ehe study area. The critical areas vitL poor
I.D. 4994-0-51 30 .
�• r
oparatiag tonditioan and safaty coacezna vill ba highlight�d. Coaceptual improv�-
manta dasigned fo aaLanc� aad improva aafaty opsratiom v111 also be diacusa�d.
Phana III Altesnativs D�vslopmant
Taak III-A: Existing/Shart-Term Alternativaa
Baaed upaa tha det3nition of ezistiag craffic conditions and [ha identlfiutioa of
the eritiul iatarsectlon and roadway ee�eatn, alternative improvnmaat plmma vill
. be davelopsd to eMaace operatlons and ea£ety. Theaa altexnatives vill foeua oa
laediaCa aad short-[ncm probleme. The alternatioe plans could iaclude the modi-
fieatiaa of aignal timing plans, t6e additioa of apecial turn lanaa, drivevay
modification aad/or tha eatansion of %oallar Avenue. Sha devalopm�ne of alcerna-
tives. mill be cloeely eoordinated vith ch� City and tha Department of Transporta-
Gion.
iask III-B: Long-Range Altexaativea � �
Baeed upoa the definition of £utuze tratfic tonditione, alternative toacepe plana
vill ba developad to provide for the acheduled gravtL of the study area aad im-
proved opesatiag eonditiow aad safety. The alternativn plana cwld iacluda tLa -
eddltion of aigaalized latersections, frontage road alig�eat, froatage road
locatian witL reapact to future wideatng of II5H 41 to 6 lanea, access coa[rol
programe, etzaet videniug programa, nav or additional atxeet acceaa, addltloaal
turn lanes and/or t6e nztenaion of Roaller Avenue. Eae developmeat of alternatives
vill be closaly coordlnated with tha City and ehe Departmeat of Tranaportatioa. -
Task II2-C: Evaluatioa
Each of tha various improvemeat Alternativea vill be evaluatnd vith regard to CLeir
abllity to rasolva ehe ideatified pzoblems (both curreae aad future), improve
aafeiq and opaxaiiona and ooerall cosi. In additioa, potential fuadiag sourcea Eor
each of t6e partltular alteraatives vill 6e eaaminad.
Taek III-D: Task Force Co�ittee Heeting
� � The faurth Task Force Co�ittee meeting trill be held to rnviaw [he altexnativea
aloag vith their reapee[ive avalvatSoa matezial. This meeting vill a11w the
eo�i.ttae members to reviev tha alteznaiives aad provide Saput to the evaluation
proteae.
YEaae IV Reco�eadationa
Baead on ihe evaluatioa process aad iaput reeeived from Che Task Force Co�ittee,
ehe altexnatives vill ba refiaed and an ovarall improvement program salected aad
detailed. This program will Sncludn physlcal cons[xuctioa proJects as vell as aa
aeeesa eoatrol poliey ehae the Ciey ean adopc for £ucure developmeat. The recom-
meaded improvemeat progxam vill be scheduled aad detailed as follovs:
' i�ediatn . .
' ahort-term
' long-rmmge . �
Ia additian, tha iadivldual projects withia the three categoriea shall be prlor- �
itized. -
31
I.D. 4994-0-51
�.
Phaaa IV - depoit
Task IV-A: Draft Report �
A draft r�poxt vill ba developad vhich vSll siaaxiz� tha puzpoee of che seudy aad
ib mathodology; tha reaulta of [he data tolloctioa affort; tha dnfiaition of
ezisting aad future traffie toaditiona; ths developmenC and evaluatioa of the
aliaznative plaae; aad Che eelected reca�ended plaa. The apeelfic elemeata o£ the
improv�ent program vill be detailed autficiently Co iadicata mmb�r aad vidt6 of
lanas, ehanaelization geomnerica, roadvay aligvmeats, turn laae leagtha, aigml
timiag plmms and drivavay vidtha. Tha report vill also s�arize the opinion of �
probabla project coets, schedules, fvading eourcee aad the implementation pzogsam.
Task 24-B: City of OauknaA/Task Facca Cavittee Hee[inq
A meetlag with thn appropriate repreeenGativea fiom the City of Oehkoah vill ba
hald to review thn draEt report aad any to�eata they may have. Pollowiag. the
meetiag vith the City of Oehkoeh, a meetiag vit6 the entire Tank Force C�ittee
�t� be held. The purpoae of thls meeting will be to review [he Draft Bepozt and
mmy commenta tha co�ittee membezs may have. A copy of the drafi report vill be
avbmitted to aach member on the Task Fazce C�ittee. .
� Task IV-C: Final Report
T6s dzaft report vill be fiaalized ateordlag to co�eaes received from the City of
Oahkoah mmd Task Force Co�ittee members. Tweaty-five copiea of thle F1na1 Report -
will bn eubmitted to ehe CSty of Oshkoah.
I.D. 4994-0-51 3� . �
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