HomeMy WebLinkAbout08. 15-306
JUNE 23, 2015 15-306 RESOLUTION
(CARRIED__7-0______LOST________LAID OVER________WITHDRAWN________)
PURPOSE: APPROVE REVISED STATE / MUNICIPAL AGREEMENT WITH
WISCONSIN DEPARTMENT OF TRANSPORTATION FOR
RECONSTRUCTION OF NORTH MAIN STREET FROM NEW YORK
AVENUE TO MURDOCK AVENUE
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached
Revised Agreement with the Wisconsin Department of Transportation for complete
reconstruction of North Main Street from New York Avenue to Murdock 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.
BE IT FURTHER RESOLVED that money for this purpose is hereby appropriated
from:
Acct. No. 541-1810-1799-00000 Water Utility – Construction in Progress
551-1910-1799-00000 Sewer Utility – Construction in Progress
561-2010-1799-00000 Storm Utility – Construction in Progress
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MEMORANDUM
TO: Honorable Mayor and Members of the Common Council
FROM: Steven M. Gohde, Interim Director of Public Works S�
DATE: June 18, 2015
RE: Approve Revised State/Municipal Agreement with Wisconsin Department of
Transportation for Reconstruction of North Main Street from New York Avenue to
Murdock Avenue
BACKGROUND
The Wisconsin Department of Transportation Surface Transportation Urban Program (STP-Urban)
provides funding to communities for eligible transportation projects within the state. North Main Street
from New York Avenue to Murdock Avenue is proposed to be reconstructed in 2016 using STP-Urban
funding. The existing agreement was approved in September of 2008 and a revised agreement was
approved in November of 2010.
ANALYSIS
Funding for this project from the STP-Urban program has increased. The additional funds are from the
transfer of funds from the proposed Fernau Avenue project to the Main Street project. Earlier this year, it
was determined Fernau Avenue was not eligible to use the STP-Urban funding. Overall, the project cost
estimates have also risen. The revised agreement updates the cost estimates and funding sources.
FISCAL IMPACT
The revised STP-Urban funding available for the project is $2,143,840. The total project cost is estimated
at $4,363,930. The remaining $2,220,090 will need to be funded by the City. Funds are proposed to be
budgeted in the 2016 Capital Improvements Program.
RECOMMENDATIONS
I recommend approval of the revised State/Municipal Agreement.
Approved:
�/'�` �.-. � ��
Mark T-Rohloff
City Manager
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2nd REVISION Revised Date: JUNE 310'f5` ' - -
*y��ecoNSry STATE/MUNICIPAL AGREEMENT Date: OCTOBER 21,2610
FOR A STATE- LET URBANIZED -
AREA STP-URBAN PROJECT I. 4994 01-14115 jUN - 2015
Liv. Road Name: N. MAIN STREET WOR S
OF This agreement supersedes the Limits: NEW YORK AVENUET f�U t `I�C
ONSITI
agreement signed by the Municipality on 0S1.-ii3OS
November 10, 2090 and signed by DOT AVENUE
on December 10, 2010. County:WINNEBAGO
Program Name: STP-Urban Roadway Length: 0.50 MILES
Functional Classification: MINOR ARTERIAL
Population Group: 50,000—200,000
Sub-program#:206 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: Existing pavement Is deteriorating. The roadway
was originally construction in 1906. it was resurfaced in 1981 as a 38 foot wide 2 lane urban cross
section with sidewalks. The sanitary sewer is over 100 years old and in need to replacement.
Proposed Improvement-Nature of work: Complete reconstruction with urban concrete pavement cross
section, sidewalks on both sides and crosswalks at each Intersection. The roadway will be widened to a
total width of 40 feet to accommodate 2 travel lanes with parking.
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:
Sanitary sewer and water main replacements.
The Municipality agrees to the following 2009-2012 Urbanized Area STP-Urban project funding conditions:
Project indicate project phases] costs are funded with 72% federal funding up to a maximum of$2,143,840 for
all federally-funded project phases when the municipality agrees to provide the remaining 28% and all funds in
excess of the $2,143,840 federal funding maximum, in accordance with the STP Urban program guidelines for
projects in urbanized areas. Design and real estate has been 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.
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This project is currently scheduled in State Fiscal Year 2016. In accordance with the State's sunset policy
for Urbanized Area STP Urban projects, the subject 2009-2012 Urbanized Area STP-Urban improvement
must be constructed and in final acceptance 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 4994-01-14
State Review $29,000 $0 0% $29,000 100%
ID 4994-01-15
Participating Construction $2,641,005 $1,889,814 72%- $751,191 28%+SAL
Non-Participating Construction $1,338,925 $0 0% $1,338,925 100%
State Review $355,000 $254,026 72%* $1001974 28%+BAL
Total Est.Cost Distribution $4,363,9301 $2,143,840 NIA $2,220,090 NIA
'The percentage of project costs covered by federal funding at approval, 72%,is based on TIP Committee
Action. Due to the federal funding cap,which is$2,143,840 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 3 — 7) 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 ban 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 Date
Signed for and in behalf of the State:
Name Title Date
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 PollcyAct(42 U.S.C.4321 et seq.)
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Signed for and in behalf of the City of Oshkosh
Mark A. Rohloff, City Manager
Pamela R. Ubrig, City Clerk
Lynn Lorenson, City Attorney
Trena Larson, Director of Finance
I hereby certify that the necessary provisions
have been made to pay the liability which will
accrue under this contract.
2A
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 2009-2012 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).
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 for construction ID 4994-01-15.
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
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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 2009-2012 Urbanized Area STP-Urban improvement project to be financed
ent. irelY 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.
j. Management Consultant and State Review Services for design ID 4994-01-14.
k. Other 100% Municipally funded items: design and construction of sanitary sewer and water main
replacement.
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,
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.
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13. In accordance with the State's sunset policy for Urbanized Area STP-Urban projects, the subject
2009-2092 Urbanized Area STP-Urban improvement must be constructed and in final acceptance 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.
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.
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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 StatelMunicipal Agreement nor any of its
attachments may be changed,waived or terminated orally.
20. Binding Effects: All terms of this StatelMunicipal Agreement shall be binding upon and inure to the benefits
of the legal representatives, successors and executors, No rights under this StatelMunicipal Agreement may
be transferred to a third party. This StatelMunicipal Agreement creates no third-party enforcement rights,
21. Choice of haw and Forum:This StatelMunicipal 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 StatelMunicipal Agreement are enforceable by an action in the
Circuit Court of Dane County,Wisconsin,
PROJECT FUNDING CONDITIONS
22. The Municipality agrees to the following 2009-2012 Urbanized Area STP-Urban project funding conditions:
a. ID 4994-01-14: 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.
b. Real estate is funded 100% by the Municipality. Real estate acquisition is 100%the responsibility of the
municipality.
c. ID 4994-01-15: Construction;
i. Costs for roadway reconstruction: are funded with 72%federal funding when the municipality
agrees to provide the remaining 28%.This portion of the project is subject to the cumulative project
federal funding cap (see sub-item d).
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11, Non-participating Costs for replacement of sanitary sewer and water main: are funded
100% by the Municipality. Costs include construction delivery.
liL Costs for this phase include an estimated amount for state review activities, to be funded 72%
with federal funding and 28% by the Municipality, This portion of the project is subject to the
cumulative project federal funding cap(see sub-item d),
d. 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$2,143,840.This federal
funding cap applies to all federally funded project phases.
[End of Document]
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