HomeMy WebLinkAbout31973 / 82-12July 1, 1982
�� 12 RESOLUTION
PURPOSE: APPROVE AGREEMENT WITH DEPARTMENT OF TRANSPORTATION
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
BE IT RESOLVED by the Common Council of the City of Oshkosh that the
proper City officials are hereby authorized and directed to enter into the
attached agreement with the Department of Trarisporation.
- 12 -
SUBMITTED BY
APPROVED
G I�� i I� I �� 75 - State nf IVirconsinlDepartment oj Tr�spnrtatiuu
� PROJECT AGREEAIENT I.D. 6110-4-0;
for the Programming and Construc.ion of an
URBAN HIGHWAY (MPROVEM1fENT PROJECT ��p�
S. Park Ave., City of Oshkosh
(CTH "K" - Ohio St.
STH 2b-44 Winnebago ounty
Thc signatory city, village, town or county, hereinafter calletl the Municipality. through its undersigned duly authorizad o'ticers
or ofFicials, hereby requesYS the State of WisconsM Department of Transportation, through its Division of Nfqhways, n=r_I�zfter czllec
the SWte, to initiate proceedings and engineering development antl to effett the construction of the highway or street improvement
hereinafter described. Tiep BPtIDE7!t
This request for the programming and construction of a highway improvement, upon acceptance hy the' �,�]C�t�XUIC
shall constifute an Aqreement between the Wisconsin Department of Transportation and the Municipality, and unless spec`,caliy
modified or amended by supplemental written agreement between the State and the Municipality is subject to all of the fo!!owing
terms anc! conditions. � �
Terms and Cenditio�s
1. When Federal Funds are involved in the improvement, the initiation and ac[omplishment of the improvement will be subjeci
to the applicable Federal Aid Highway Actr and Regulation5 of the Federal Highway Administration, U.S. �epartment of Zransportation.
2. The Municipality will contribute and pay to the State all cost i�curred by the State in connection with the improvement which
i5 not eligible for State and/or Federal fund financing.
3. Federal aid andJor State highway fund financing will be limited to g%� percent (%) participation in the construction
costs of the following items: (State funds limited to State trunk highway routes and connecting streets.)
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(d) Other
4. Work necessary to complete the improvement to be financed entirely by the Muni[ipality or other utility or faciliy owner
includes the foliowinq items unless otherwise�designated in 3(d) above:
(a) Storm sewer mains netessary for the surface water drainage.
(b) Construction or replaCement of sidewalks and surfacing of private driveways.
(c) New installation5 or alteration ot ztreet lighting antl traffic signals or devices.
{tlJ Right of Way for the improvement.
(e) Surveys, plans and other preliminary engineering expenses.
5. Work necessary to complete the improvement to be tinanced entirely by the Munitipality or Other utiiity or facili:; owner
includes the fottowing items.
(a) New installations of or alteration of sanitary sewers and connections, water, gas, electric, telephone, teleqrz�n, tire or
police alarm facilities, Parking meters, and similar utilities.
(bj Oamages to abutting property dve to thange in street or sidewalk widths, grades or tlrainage.
(c) Conditioning, if required, and maintenance of detour routes.
(d) Repair of damaqes to roads or streets caused by reason of their use in haulinq materials inciden: to the imp�:+ement.
(e) Other � � --
6. The State will, at its cost and expense:
(a) Place a�d maintain signs and markers for approved tletours of state trunk routes.
(b) Finan[e State expenses of purely an administrative nature.
(c) Condition, if required, and maintain the portions of approved detours located on highways which are maintz:�ed by
the State.
7. The work on projects, insofar as that eligible for State and/or Federal participation is concerned. will be performe� �nder
contrads let�and administered by the State and under its supervision. SuCh contracts may also inUude items of work not _!:gi71e
for Federal or State participation which are considered necessary to complete the project. �
Work to be performed by the Municipality without Pedefal aid or State highway fund participation, necessary to insc�e a com-
plete imQrovement acceptable to the�Petlera Highway Administfation andjor the Stdte, may be done in a manner at the elzc-ron ot
the Municipality but must be coordinated with the work undertaken by the State.
The funds to 6e provided by the Municipality (except foi work performed by the Munitipality) wiil be deposited wit- <.ne
State. The authority for the Municipality to provide funds for such improvements and to enter into agreements with the S:z:e Is ex-
tended by Section 86.25(1). (2), and (3) of the Statutes.
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Before execution of a contract tor the work, the Municipality, upon request oi the State, will deposii with the State funds in
.n amount ESTIMATED by the State to defray all necessary cozts incident to the project which are not chargeable to Federal or
State Hiqhway funtls. Should the Muni[ipality tlecline 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 ot further negotiations Cetween the Muni-
cipality and State. It the Municipality should withAraw 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 matle to determine the final division of costs of the project.
8. The District Office of the Division of Highwayz will cooperate with and advise the Municipality during the survey and pian
Cevelopment phase. The cost of any survey, plan, antl preconstruction engineering undertaken by the State, other than administro-
tive expenses, will be charged to the Municipality.
It is untlerstood that, upon completion of the plans and prior to the execution of the contract for the work, the project will be
subject to further agreemant between the Municipaiity and th= State wlth re;p?ct to the detail ot design, approval of plans, znd iF
Fetleral aid is to be used, certain requirements to satisfy the provisioas of tha Federal Aid Highway Act and the requlations fssued
pursuant thereto. It is further agreed by the MuniCipaiity 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 requirzments, in a manner satisfactory to the State or the Fetleral 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 S[ate
to report, upon reQuest of the Federal Hiqhway Atlministration, the amount and nature af the expenditure for these purposes: that
the accounts and records of sueh expenditures, together with all supporting document, will be kept open at all times to inspection
by authorized representatives of the Federol Highway Atlministration: and that it will fur�izh copies thereof when requested.
(c) All signs and traffic control devices and other protective structures erected on or in can�ection with the project,
including such of these as are installed at the sole cost and expense of the Municipality or by othero, wiil be in conformity with such
manual of uniform traffic control devices as may be aCOpted by the American Association of State Highway anE TranSportation offi-
cials, approved by the State, and concurred in by the Federal Highway Administration.
(d) The riqht of way available or provitletl for tha project will be held and maintained inviolate tor public highway or street
purposes. Those signs prohibited untler Federal aid highway regulations, posters, billboard5, roadside stand5, or other private installa-
tians prohibited by Federal or State highway regulationz will not be permitteC 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 at the project all private instaltations
of whatever nature whith may be or cause an obstructio� or interfere with the free flow of traffic, ar which may be or cause a hazard
to traffic, or whith impair the usefulness of the project and all other encroachments which may be required to 6e removed by the State
at its own election or at the request of the Federal Highway Administration, antl that no such private inztallations will be permittetl to
be erected or maintained in the future.
(e) It will prohibit angle parking.
(f) It will regulate or prohibit all parking at locationz where and when the pavement area usuaily occupied by Darked vehicles
will be needed to carry active traffit in the street.
(g) It will assume general responsibility for all public information and puhlic relations tor 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 hantlling traftic within and around the projects.
(h) It wilt'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 ar in part with Federal funds, such purchases or acquis-
itions will comply with the provisions ot Titles 11 and I(t of the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (42 U.S.C. 4601 et seq.) as may be amentletl from time to time, antl the requirements set forth i� Sectian II of the State's
Minimum Right ot Way Requirements for Federal Aid Urban Systems & TOPICS Projects of July 1973 as may be amentletl from timr
to time.
(j) When the acquisition of right of way is to be financed by the Municipality or other utitity or tacility owner, wch purthazes
or acquisitions will comply with the provisions of Titles li and I[I 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 V I of the Civil Rights Act of 1964, and the
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Projects of January 1974 as may be amended from time to time, or the requirements as set forth in�5ection 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.
F.1t515 . IU.75 3 �/_ /
�'C��'
DESCRIt'TION AND ESTIMATE
� CITV OF
❑ V IILAGE OF
❑ TOWN OF
Nams ot RoaC or Stn
Oshkosh
S. Park Ave., City of Oshkosh
ExISNn9 FacVlity • Oescriba ana give re�son for roGUest
'lbzo—lane rural type roadway.
W 000ssa I marovemant - naturs of work
Winneba
Reconstruct to modern urban facility.
sTx z6-44 I 1•
OeSt�iba n0�-PdrticiPating wO�k If.ctudW Ill ttf! RrojaGt anG oMV work necessary' to /lnish :�e O��l�ct comOletely
wNCh wlll ba unGSrtak�n intlepanEently bY tha muNclpalltY.
The construction of chis improvemenc �� (Does Noc) require che acquisition of additional right of way.
If Right of Way is required for this project, complete Page 4.
('75°� � Federa�/State(12. 5°Io � Munitipal � 12. 5q � Total
Funds Funds Estimated Cost
Preconstruction Engineering
Right oE Way
Construction
Other
TOTAL
$131,250.00 $18,750.00 $150,000.00
$131.250.00 �18.750.00 $150. 0�.00
Dace municipal funds will be availabie:
The above estimated costs include 5
When requeste3
in non-participating cos[s necessary co be induded in che contract.
This request is made by the undersigned under proper authority to make such request for the above desigrtated Munici-
pality as evidenced by attached resolution, and which upon acceptance by the ���yy�g shall constituce
agreement between ehe Municipality and the Wisconsin Department of Transporcation. llePd�ment
TITLE DATE
SICNED:
�4_
�l�
The acquisition function is to bc conducted by (municipality) (state) (municipality-state combination).
The (titic teazch) (appraisal) (acquisicion) (rclocacion assiscance) (ocher
of any necded rigl�u of way will be performed by •
All ocl�er riglit of way rclaced activities will be perEormed by cl�e municipalicy's own staEf.
�Vhen the municipality is identified as agenc for any Right of Way relaced activity and federal aid £unds aze
involved in any phase of the projece 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 acquisiLion activitics.
When the State is idencified as agent Eor any Right of Way relaced activity, chis request will not be acted
upon until a formal request for such scrvices, Form E-D-419 has been submitted to and accepted by the
Highway Commission.
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