HomeMy WebLinkAbout33640 / 85-06November 7, 1985
(CARRIED
PURPOSE:
INITIATED BY:
LOST
LAID OVER
I/ g RESOLUTION
WITHDRAWN )
APPROVE AGREEMENT WITH DEPT. OF TRANSPORTATION - SOUTH PARK AVE.
DEPARTMENT OF PUBLIC WORKS
BE TT RESOLVED by the Common Council of the City of Oshkosh that the
attached Project Agreement for the Programming and Construction of an Urban
Highway Improvement Project, said project being South Park Avenue (CTH "K" -
Ohio Street) is hereby approved and the proper City officials are hereby authorized
and directed to enter into said agreement.
BE IT FURTHER RESOLVED that money for this purpose is hereby appropriated
from: Future capital improvements programs.
SUSYITTID HY _
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October 23, 1985
Gerald Konrad
Director of Public Fiorks
215 Church Ave.
Oshkosh, WI 54901
RESOLUTIO[d # 6
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DEPARTMENT OF TRANSPORTATION _,� ��I�=
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Project I.D. 6110-4-71
South Park Ave., City of Oshkosh
(CTE "K" - Ohio St.)
STH 44
Y:innebago County
TRANSPORTATION DISTRICT 3
944 Vantlerperren WaY
Green 6ay, WI 54304
Attached are three copies of a project agreement for the above project.
Please return two signed copies of this agreement to this office with a
resolution authorizing the signatures.
The 30 percent municipal participation of the work described in paragraphs 3a
through 3d is based on the proposed roadway area available for parking.
The non-participating amount of $96,300 is based on the following items: the
42-inch stozc� seaer nain from Knapp Street to Georgia Street, the manholes for
this storm sewer main, the seconstruction ar.d adjustment of all sanitary
manholes. The urban participation policy prevents Federal or State participa-
tion in the financing of these items.
Very truly yours,
C. R. Fyan, P.E.
District Director
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C. H. P!ertens
District Chief Design Engineer
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REuOLUTION # 6
Starr uf WircmuynlDapartment of Tr,msportanon
PROJECT AGREE�tENT [.D. 6110-4-71
for the Programming and Constructi�n �f an
URB�N HIGHW�Y [.'NPR(�VE�fE�'Y'b PI�OJ�CT
South Park ve�nue itv o sh osn
(CTH ��K' - bhio Street)
STH 44 Winnebago County
The signatorv uty. village, town or county, hereinafter called the Municipality. through its untler5igned�tluly authorizetl officerz
or orficmis, hereoy requests the State of `Niscon5�rt GePartmen( of Transportation, th iau�=K D�u s�c^ �°Tr, h¢remafter called
the �tdte, !o mitiate protee0ing5 and enqineennq tlevelopment and to effect the conStruGtion ot the hignway or sVeet impro�ement
nere�narter descnbed. � DepaTtment
This request for the programming and construction of � highway improvement, upon acceptance by the �e�
snail cons[itute an Agreement between the `Nisconsin Oepartment of TransporWtion antl ihe Mun�apality, antl �n�ess zpecif?calfy
modified or amended by supplemental wntten agreement between the State and the Municipality is sub�ect to ail of ;he following
;erms and contlrtions_
Terms and Conditions
1. 'Nhen Fetleral Funds are involved in the improvement, the initiation a�tl accomplishment of the improvement wdl be sub�ect
to the applicable Fetleral Aitl Highway Acts-antl Regulations ot the Federal Highway Atlministration, U.S. Deoartment of Transportation.
2. The �Liumcpaliiy will coniribute and pdy to Ihe Sia[e aii cos: utCUrreq by the 5[ate in cpnneciion wrth the �mprovement which
is not eligible for State antl/or Federal fund financing. � -
3. Pederat aitl andJor State highway funtl financing wlll be Iimrted [o �� percent (°.�o) partiapation in the construction
cosis or [he following items: (State funtls limited !o State trunk hignway routes and connecting sireets.)
(a) The pavement, base, curb and gutter, together with all-gradfng.
{b) Catch basins and inlets for surface�water drainage of the improvement, with connedions [o the storm sewer mam.
(cj Construction engineering incitlent to inspection and supervision of ac:ual constructlon work.
(a) Other 4(b) below and storm sewer mains made necessary by new construction.
4. Work necessary to Compiete the improvement to be financetl entirely by the Municipality or other utllity or facility owner
mUUdes the Eollowing items un4e55 otherwise deslgnatetl in 3(d) above:
(a) Storm sewer mains necessary�for the surface water drainaqe.
(b) Construction or replacement of sidewa�ks and surfacing of pnvate driveways.
(C) New installation5 or alteration of ztreet lighting and traffic signa�z or devices.
(d) Rignt of Way for the improvement.
(e) Surveys, p�ans antl other preliminary engineering expenzes.
5. Work necessary to complete the improvement to be financed entirely by the Municipality or other utility or faCility owner
inUUtles the foltowing items.
(a) New installation5 of or alteration of zanitary sewers and connections, water, ga5. electric, telephone. [eleg�aph, fire or
polite alarm fatilitles, parking meters, and s�milar utilities.
(b) Damages to a6utting property due to change in street or sidewalk widths, 9rades or draina9e.
(c) Conditioning, if �equiretl, and maintenance of tletour route5.
(tl) Repair of damages to roads or streets caused by reason ot their use i� haulinq materials i�cident to the improvement.
(e) Other
6. The State will, at iu cost antl expense:
(a) Place and maintain signs and marker5 for approved tletours of state trunk route5.
(b) Flnance State expenses of purely an administrative nature. .
(c) Condition, if required, and maintaia the portions of approved tletours located on highways which are maiMained by
the State.
7. The work on projects, insofar as tnat eligible for State and/o� Federal participation is conczmed, will be performetl under
tontracts �et and administered by the State and under its supervision. Such contracts may also incWde items of work not eligible
for Federal or State participation which are consitle�ed necessary to compiete the project.
Work to be performed by the Municipality without Fetleral aid or State highway fund participation, necessary to insure a com-
plete improvement acceptable to the Fetlera Highway Administratfon and/or the Sta[e, 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 Municipaiity (except for work performed by the Municipality) will be depoz�ted with the
State. The au;hority for the MuniCipality to provide funds for such improvements and to enter into a9reements with the State is ex�
tended by Sec[ion 8615(I), (2J, and (3J o( the Statutes. _ 6b _
RESOLUTION # 6
�
Before execution of a controct for the work, the Muniupa�ity, upon requezt of the State, will deposit with the State funds in
in amount ESTIM ATED by the State to defray all necessary costs �ncident to the proJect which are not chargeable to Federal or
>tate Highway funds. ShoWd the Municipality dechne to make the reqwred tleposit, it �s untlerstood that no contract for the exe-
_uUOn of the work will te entered mto antl disposrtion of the pro7ect wdl be the suhject of further negotiations between the Muni-
::pality a5�d State. If ;he Municipality should withtlraw the pro�ect, it will pay to the State any cost that has been incurred by the
.itate in behalf of the project.
Upon compietion of consiruction, a final audi[ will tie made to determine the final �ivision of costs of the o�o7ect.
3. The Distric: Office of the Division of Hignwayz wdl �ooperate with and advise the Municipality tluring the survey and plan
:zvelopment phase. The Cost of any survey, plan, antl p:kconstruction engineenng undertaken by the State, other than administra-
�ve expenses, will he charged to the Municipality. �
It iz understood that, upon completion of the plans and prior to the execution of !he contract for the work, the pro�ect will be
:uo�ect !o further agreement between the Municipality and the State with respect ?o the detail of tlesign, approval of plans, and if
=��eral aitl is to be �sea, certain requirements to satisfy the provisions of the Fetlerai Aia Hignway Ad and the regulations issued
,ursuant .hereto. It i5 further agreetl by the Muni[ipality that: �
(a) It wdl maintain, at its own cost antl expense, all portionz of the projett that lie within it5 jurisdi[tion for such main-
:enance ?hrougn statutory requirements, m a manner satisfactory to the State or the Feaeral Highway Atlministration or both, or
:heir au[horizetl representatives, and will make ample provlsion for such maintenance each year.
(b) It will keeo recortls of cost of construction, inspec!ion, tests, antl maintenance Gone by it as wlll enatle Ihe State
to report, upon request of the Federal Highway Adminlstration, the amount and nature of the expenditure tor these purposes: that
:he accounts and records of such expenditures, toge[her with all supporting document, will be kept open at all !imes to inzpection
by authorized re�resentatives of the Fetleral Highway Administration; and that it wdl `urmsh copies thereof when requested.
(c) All signs and traffic tontrol devices antl other protective strudures erectetl on or in connection with the projed,
�ncfuding such of these as are installed at the sole cost antl expense of the Municipality or by others, will be in conformity with such
manual of unrform traffic control devices as may be adopted by the American Association of State Hiqhway and Tranzportation ofti-
aafs, approvec by the State, and concwretl in by the Federal Hi9hway Administration.
(tl) The ngnt of way availabie or provided for the project will be held antl maintained inviolate for public highway or street
purposes. Those signs prohibited under Federal aid highway regulations, poster5, biliboards, roadvde stands, or other private installa-
tions pronlbrted bv Federal or State highway regulations will not be permittetl within the right of way limits of the project. The Mun-
icipality, within its jurisdictional limits, wiil remove or cause to he removed from the right of way of the project all private installations
oi whatever nature wnich may be or cause an obstruction or interfere with the free flow pf traffic, or which may be or cause a hazartl
'.o trarfic, or wnicn impair the usefulness of the project and all other encroacnments which may be required to be removed by the State
at its own election or at the request of the Fetleral Highway Administration, and that no such private installations will 6e permitted to
be erected or maintained in Ihe future.
(e) � It will prohibit angle parking. .
(!) It will regulate or prohi6it 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 �
(9) It will assume general responsibility for all public intormation and public relatfons for the project and to make fitting
announcement to the press and such outlets as would generally alert the affec;ed oropeRy owners and the community ot the nature,
exrent, antl timmg of the project and arrangements tor handiing traffic within and around the projects.
(h) It will comply with all applicable provisions of the Wisconsin Adion Plan.
(i) when the acquisition of righi of way is to be financed either in whole or in part with Federal turds, such purchases or acquis-
itions will comply with the provi5ions of Titles ll antl IfI of the Umform Relocation Assistance antl Real Property Acquisition Policies
Act o( 1970 (42 U.S.C. 4601 et seq.) as may be amended from time to time, and the requirements set forth in Section tI of the State's
Ylinimum Right of Way Requirements for Federal Aid Urban Systems & TOPICS Projectz of July 1973 as may be amendetl from timr
to time.
(j) When the acquisition of right of way is to be tinanced by the Municipality or other utility or facility owner, such purchases
or acquisitions wtll comply with the provisions of Titles II and IIf of the Uniform Relocation Assiitance and Real Property Acquisition
?oiicies Act of 1970 (42 U.S.C. 4601 et seq.) as may he amended from time to time, Title V I of the Civil Rights Act of 1964, and the
reGuirements as set forth in Section [ of the State's Minimum Right of Way Requirements tor Federal Aid Urban System & TOPICS
Pro�ects of January 1974 as may be amended from time to time, or the requirements as set forth in Section f 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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eu-sis ia-�s
DESCRIPTION ,41YD ESTI�I.aTE
� CITY OF
❑ VILLAGEOF
C rowti oF
ime of Roaa or Sbeet
Oshkosh
-3-
Winnebago
RFGOLUTION # 6
STA 44 � 1.320
South Park Avenue -
------ -- ----- — -- - --------- —'� —
ExiiGnq Fauli[Y - Describe antl gwe reason tor reques[ � � � �
A two-lane rural type roadway.
Proposetl Imorovement � nature or work
Reconstruct to a modern�type urban facility.
Descnbe non-Oarticipating work incluaetl in the pro�ect and o[her work necessary ta timsn Ine oroiect ComOietely
WIIICfI'N�II b< Uf14C![dHGfl maeoeoaentiy oy me municioaiity.
F�ctend a 42-inch storm sewer main from a new manhole in the Georgia Street intersection
to the outfall in the park lagoon.
T'he construccion of this improvemenc (Doesj (�X3�'+ reyuire �he acyuisicion oE addicional ri�ht of wav.
If Ri�ht of W'a�� is reyuired for �his project, complece P.i_e 4.
,
Preconscruction En�ineerin�
Right oEw'ay
Construction
Ocher non-participating
TOTAL
Federal/State
Fundz
953,600 (70°;)
953,600
4luniclpal
FundS
408,700 (30";)
96,300
505.000
Total
Estimatetl Cozt
T,362,300 (1C�
96,300
1,4�8,500
Datc municiPal Eunds will be availablc: When required. I
The above estimaced costs include S 96,300 in non-parcicipacin` cos�s necessarv co be included in che cuncract.
This request is made by che undersigned under proper auchoricy to make wch reyuest Eor the aboce designated ��lunici-
palicy as evidenced bv attached resolution, and which upon ac�eptance by the hall conscitute
agreemenc becween che Municipality and tha W'isconsin Dcparcmenc ot TransForcacion, eoar men�'
TITLE DATE
SIC.�'ED:
..
J
RESOLUTION # 6
3-
The acyuisicion Eunction is to bc conductcd by (municipalitv) 'ry�L
Thc �la� (appraisal) (acyuisitionl ' � (ochcr
uf �nv nccded ri��6ts of wav will bc pertormcd bv _ City of Oshkosh
. . .. -�U LI I A . Y�-•
All ocher riglit oF way refated accivitics will be pertormed bv c6e municipalicv's own sta'tt.
When c:�e municipality is identificd as agent £or anv Ri�ht of Wav related activicy and Eederal aid tunds are
involved in anv phase o£ che prujecc enginzering, right oE way oc conscruction, a statement oE the munici-
pality's acquisition capabilities musc be submitted co the Bureau of Rcal Estate for approval by the FHWA
prior to�thc start oEanv acyuisition accivitics.
W'hen tne S�ace is identified as agenc for any Right of Way related activity, this request will not be acted
upon un�il a formal request for such secvices, Form E-D--� 19 has been submitted to and accepred by the
Hi�hwav Commission.
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