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Home My WebLink About31636 / 81-08December 3, 1981 ll $ RESOLUTIOV PURPOSE: AGREEMENT WITEi DEPAR'P.�NT OF TRA��SPORTATION INITIAT'nD BY: CITY ADMINISTRATION BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized ar�d directed to enter into the attached Pro�ect Agreement, I.B. 4994-0-38, with thF Wiscor.sin Deoartment of Transportation, for the coastruction of a portion of West 20th Avenue. Money for this purpose to be appropriated rrom its respective construction fund. SUR�dITTED BY �� ,, P?itO v ED / l�'Y� � � . �l`�t��""'" `� ` =- ! �� E�U-51S Ib�75 Sfafr oJ IViscorvin/Dcpartmrnt of7Ysisyort��.�n PROJECT AGREEMENT �,p, 4994-0-38 for the Procramming and Construction of an �L.�_ n URBAN HIGHSVAY IMPROVEMENT PROJECT "�"f'" 1/ W. 20th Avenue, City of Oshkosh Q O (S.T.H. 44 — U.S.H. 45) C.T.H. "K", Winnebago Co. The signatory city, vilfage, town or county, hereinafter caned the Municipality, through its undersigneC duty authorizea otficers or otficials, hereby requests the State of Wisconsin Oepartment ot Transportation, through its Divizion of Hiqhwayz, hereinafter called the State, to initiate proceedinq5 and engineering developmeni anC to ettect the consiruction of the h'rghway or street improvement hereinatter described. This request for the proqramming and construction of a hiqhway improvement, upon acceptante by the Highway Commission shall constitute an Agreement between the Wisconsin Department of Transportation and the Municipality, and unless specifically modified or amertded by supplemental written agreement between the State and the Municipality is subject to all of the following terms and conditions. Terms and Contlitions 1. When Federat Funds are involvetl in tAe improvement, the initiation and accomplishmen2 ot the improvement will be sub�eci to the applicable Federal Aid Highway Acts and Requlations of the Federal Highway Administration, U.S. Department of Transportation. 2. The Munitipality will contribute and pay to the State all cost incurretl by the State in connection with the improvement which is not eliqible for State and/or Federal fund financing. 3. Federal aid and/or State hiqhway funtl financing will be limited to 75 percent (%) participation in che conztruction costs o/ the tollowing ifems: ($tate funds limited to State trunk highway routes and connecting streets.) (a) The pavement, base, turb antl gutter, together with alt gratling. (b) Catch basins antl inlets for surface water drainaqe of the improvement, with connections to the storm sewer main. (c) Construction engineering i�cident to inspectio� and tupervision of actual constructio� work. (tl) Other � 4 (dl & (b1 below � 4. work necessary to tomplete the improvement to be financed entirely by the Municipality or other utility or facility owner inducles the following items unless otherwise designated in 3(dj above: (a) Storm sewer mains necessary for the surfate wafer draina9e. (4) Construction or replacement ot sidewalks and su�facing of private tlriveways. (c) New instauations or alteration of street lighting and traffic signals or devices. (tl) Right of Way for the improvement. (e) Surveyt, plans and other preliminary engineering expenses. 5. Work necessary to complete the improvement to be financed entirely by the Municipality or other utility or facility owner inclutles the following items. (a) New installalions ot or alteration of sanitary sewers and conne[tions, water, gas, electric, telephone, telegraph, fire or police alarm fatilities, parking meters, antl similar utilities. �(b) Damages to abutting proDerty due to change in street or sidewalk witlths, grodes or tlrainage. (c) Conditioning, if required, and maintenance of detour routes. (tl) Repair of qamages to road5 or streets Causetl by reason of their use in haulinq materials incident to the improvement. (e) Other 6. The State will, at its cost and expenze: (a) Place and maintain signs and markers for approved detours ot state trunk routes. (b) Finance State expensez of purely an administrative nature. - (c) Condition, if required, and maintain the Do��ons of approved Getours located on highwayz which are maintainetl by the Staie. 7. The work on projeds, insofar as that eligible for State and/or Federal participation is concerned, will be performetl untler contracts let antl aCministered by the State and untler its supervision, Such contracts may also include items of work not eligible for Fetleral or State participation which are considered necezsary to comDlete the project. Work to be performed by the Municipality without Federal aitl or State highway fund participation, necessary to insure a com- plete improvement acceptable to the Federa Highway ACminisLation and/or the Stale, may be done in a manner at tbe election of the Municipality but must be coortlinated with the work undertaken by the State. The funds to be provided by the Municipality (except for work performed by the Municipality) will be tlepositetl with the State. The authority for the Munitipality to provide funtls for such improvements and to enter into agreements with the Siate is ex- tended by Section 86.25(1), (2), antl (3) of the Statutez. �_ � O Before execution of a contract for the work, the Municipality, upon request of the State, will deposit wlth the State funGS in an amount ESTIMATED by the State to defray all necessary costs incident to the project which are not chargeable to Federal or State Highway /unds. Should the Municipality decline to make the requiretl deposit, it is understood that no contract tor the exe- cution o( the work will be entered into and disposition ot the project will be the subject of further negotiations between [he Muni- cipality anG State. tf the Municipality should withtlraw the project, it will pay to the State any cozt that has been incurreG by the State in behalf of the project. Upon completion of tonstruction, a final audit will be made to determine the final division of Cosis of ihe project. 8. The Dittrict Office ot the Divizion of Highways wili cooperate with antl ativise the Munitipality during the survey and plan development phaze. The cost of any survey, Dlan, antl preconstruction engineering undertaken by the State, other than atlministra- tive expenses, will be charged to the Municipaiity. It is unCerstootl that, upon completion of the planz and prior to the execution of the contract for the work, the projxt will be subject to further agreement between the Municipality and the State with �espect to the detail of design, approval of plans, and if Federal aid is to be uzed, certain requirements to satisfy the provisions of the Federal Aid Highway Act and the regulations issued pursuant thereto. It is (urther agreetl by the Municipality thaC �- (a) It will maintain, at its own cost and expense, all portions of the project that lie within its jurisdiction for such main- tenance through statutory requirements, in a manner satisfactory to the State or the Federal Highway Administration or both, or their authorized representatives, and will make ample provision for such maintenance each year. (b) It will keep records of cost of constru[tion, inspection, tests, antl maintenance done by it as will enable the State to report, upon repuest of the Fetleral Highway Administration, the amount and nature of the expentliture for these purposes: [hat the accounts and records ot such expenditures, together with all supporting document, will be kept open at all times to inspection by authorized representatives of the Federal Highway Atlministration; and that it will furnish copies thereof when requesteA. (c) All signs and traffic control devites 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 man�al of uniform traffic control tlevices as may be adopted by the American Association ot State Highway and Transportation otfi- cials, approved by the State, and concurred in by the Federal Highway Atlministration. � (d) The riqht of way available or provitletl for the projett will be held and maintained inviolate for publit highway or street purposes. Those signs prohibitetl under Federal aid highway regulations, posters, billboards, roadside stands, or other private installa- tions prohibitetl by Fetleral or State highway regulations will not be permitted within the right of way limftz of the project. The Mun- icipality, within its juristlictional limits, will remove or cause to De removed from the riqht of way ot 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 hazarE to traffic, or which impair the usefulness of the project antl all other encroachments which may be required to be removed by the State at its own election or at the request of the Fetleral Highway Atlministration, antl that no such private installations will be permitted to be erected or maintained in the future. (e) It wil� prohibit angle parking. (f ) S@£Ie (g) It will assume general responsibility for all public information and public relations for the project and to make fitting announcement to the press and such outlets as would gene�ally alert the atfected property owners and the community of the nature, extent, and timing of the prOject and arrangement5 for handling traffic within and a�ound the projects. (h) It will�comply with all applitable provizionz of the Wisconsin Action Plan. (i) When the acquisition of right of way is to be financetl either in whole or in part with Fetleral funds, such purchases or acquis- itions will comply with the provizionz of Titles [I and II[ of the Uniform Relocation Assistance an� Reai Property AcQuisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) as may 6e amended from time to time, and the requirements set forth in Section li of the State's Minimum Right of Way Requirements for Federal Aid UrOan Syste�ns & TOPICS Projects of July 1973 a5 may be amentletl from timr to time. (j) When the acquisition of right ot way is to be financed by the Municipality or other utility or facility owner, such purthases or acquisitions will comply with the provisions of Titles II and [II of the Uniform Relocation Assistance anC Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et 5eq.) as may be amentled from time to time, Title V I of the Civil RightS Act of 1964, and Ihe repuirements as set torth in Section I of the State'z Minimum Right of Way Requirements for Fetleral Aid Urban Syitem & TOPICS Projects of January 1974 as may be amendetl from time to time, o� the requirements as set forth in Section I of the State's Minimum Right of Way Requirements for Federal Aid Secontlary Projectz of July 1973 as may be amentled from time to time. (k) It will prohibit parking. eu s�s io-�s � 3 � � � DESCRIP'fION AND ESTIMATE � CITV OF �Sk1�COSI7 ❑ vILLAGE OF ❑ TOWN OF Winnebago CTH "K" I 1.627 W. 20th Avenue, City of Oshkosh (STFI 44 — USH 45) � Eslsting Faclllty • D�urlb� anC 9�� +sOn IOr nGwst 14aentieth Avenue is an arterial street on the south side of the city. The roadway is a rural section with a 20 foot pave�ent width, ditches and narrow shoulders. The pavement is in poor condition. Traffic operates at a poor level of service. w000setl ImDrovement • natura of work Reconstruct roadway. Provide a 44' to 48' face to face of curb concrete pavement. Install storm sewers. Deserlba non-pirtlelP�1��9 work ineiva�tl In ena prOjlet antl otha� wo�k neeasary to ilnisb tbs O�ojaet eomple[ely whleh wlll W unaertakan InE�penG�ntlY DY t�� munlc1oa11tY. The construction of diis improvement (Does) (�X7t�7¢) require the acquisition of additional riglit of way. IE Right of Way is required for this project, complete Page 4. Preconstruction Engineering Righc of Way Construccion Other TOTAL Federal/State Funds 1.057.500 Munitipal Fundi 352.500 Total Estimated Cost 1,410,000 1,057.500 352,500 1,410,000 Date municipal Eunds will be available: y��y requised . The above estimaced costs indude 8 � in non-participating costs necessary co be induded in the cont�acc. This request is made by the undersigned under proper auchority to make such request for the above designaced Munici- pality as evidenced by attached resolution, and which upon acceptance by the Highway Commission shall constimte agreement between the Municipality and the Wisconsin Departmenc of Transportacion. TITLE DATE SIGIVED: 4- / . �� The acquisition function is to 6c conductcd by (municipality) (state) (municipality-state combination), The (tidc scarch) (appraisal) (acquisition) (rclocation assistance) (oCher oF any necded righcs of way will be perfocmcd by City of Oshkosh All otlier riglit of way rclaced activities will be performed by the municipality's own staff. When the municipality is identificd as agent for any Right of Way related activity and Federal aid funds are involved in any phase of the project engineering, right oEway or construction, a statement of the munici- palicy's acquisicion capabilities must be su6micted co the Bureau of Real Estate for approval by the FHWA prior to che start of any acquisition accivitics. When che Scate is identified as agenc for any Right of Way related activity, this request will not be acted upon until a formal request Eor such scrvices, Form E-D-419 has been submitted to and accepted by the Highway Commission. �� 3 � � � � � � � � •� D I P � a � ... O O Q .� � �� °�x � m C b � di E U O .� � �_..__._ ... _.____ : ... ..._..._ _.._ � ._._... __ .___ , � � ..._ ._ _.. ; . � X � � m � R, U \�'� M " 4 � � rI U � r�'1 � H� �