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#3 Authorize City Manager to sign agreements for design and reconstruction of portions of STH 26 and USH 14 (File Res. #2012-926) PUBLIC WORKS DEPARTMENT MEMORANDUM July 25, 2012 TO: City Council FROM: Carl J. Weber P.E., Director of Public Works SUBJECT: Action on a proposed Resolution authorizing the City Manager to sign State/Municipal Agreements between the City of Janesville and State of Wisconsin for the design and reconstruction of STH26 (Milton Avenue) from Centerway to Kennedy Rd and USH 14 (Humes Rd) from Lexington St to Pontiac Dr (File Res 2012-926) Staff Recommendation Staff recommends that the City Council adopt Resolution No. 2012-926 authorizing the State/Municipal Agreements between the City of Janesville and State of Wisconsin for the design and reconstruction of STH26 (Milton Avenue) from Centerway to Kennedy Rd and USH 14 (Humes Rd) from Lexington St to Pontiac Dr City Manager’s Recommendation The City Manager concurs with the Public Works Director’s recommendation. Suggested Motion I move to adopt Resolution No. 2012-926 Request Staff requests that the City Council authorize the City Manager to execute agreements with the Wisconsin Department of Transportation (WDOT) regarding the design and reconstruction of STH26 (Milton Avenue) from Centerway to Kennedy Rd and USH 14 (Humes Rd) from Lexington St to Pontiac Dr Background Due to pavement deterioration on these two segments of roadway, City staff requested that the WDOT consider programming improvements for both roadways. The request for USH14 actually extended from Lexington St to Deerfield Rd. However, due to the planned reconstruction of I39/90 and its interchange with USH14, the WDOT has determined that the section for USH14 between Pontiac Dr and Deerfield Rd will be reconstructed as part of the I39/90 project. The remaining requested segment from Pontiac Dr to Lexington St will be programmed as a stand-alone project to be coordinated with the I39/90 construction. The construction year has not yet been established but is expected to be sometime in the mid to late part of the current decade. The STH26 project is currently programmed by the WDOT for 2018. J:\Agenda Review\Approved Agenda Items\2012\08-13-2012\State Municipal Reconstruction Agreements - 1 Memo.docx Analysis The draft agreements are attached to and made part of the resolution. The agreements were prepared for initiation of preliminary design. The City’s share of the design costs is estimated to be $45,000 for USH14 and $266,250 for STH26. The design process, which will include coordination with City staff, adjacent property owners and road users, will determine the items to be included in the reconstruction project. Once the project is more clearly defined, it is expected that the agreements will be amended to cover all included items. cc: Eric Levitt, City Manager Jacob J. Winzenz, Assistant City Manager/Dir. of Administrative Services J:\Agenda Review\Approved Agenda Items\2012\08-13-2012\State Municipal Reconstruction Agreements - 2 Memo.docx 25 August 2012 CITY OF JANESVILLE RESOLUTION NO. 2012-926 A Resolution authorizing State/Municipal Agreements between the City of Janesville and State of Wisconsin regarding the design and reconstruction of STH 26 (Milton Avenue) from Centerway to Kennedy Road and USH 14 (Humes Road) from Lexington Drive to Pontiac Drive. WHEREAS , STH 26 (Milton Avenue) from Centerway to Kennedy Road and USH 14 (Humes Road) from Lexington Drive to Pontiac Drive are under State of Wisconsin jurisdiction with City of Janesville connecting highway and maintenance responsibility; and WHEREAS , the existing road surface on each of those highway sections are deteriorated and in need of repair; and WHEREAS , the City has requested that these highway sections be improved by the State of Wisconsin; and WHEREAS , the State of Wisconsin has commenced the process of programming the reconstruction of these highway segments; and WHEREAS , the funding for the repair and reconstruction design work for both highways will be included in one or more future tax exempt City of Janesville issued general obligation promissory note and/or bond issues (borrowing/public financing), with Janesville’s projected share of the design costs Forty Five Thousand and 00/100 Dollars ($45,000.00) for USH14 and Two Hundred Sixty Six Thousand Two Hundred Fifty and 00/100 Dollars ($266,250.00) for STH26; and WHEREAS , Wis. Stats. § 66.0301and related statues empower(s) the parties to enter into intergovernmental cooperative agreements for services and construction; and WHEREAS , the Common Council find these two proposed intergovernmental agreements in the best interests and benefit to of the City of Janesville, its residents, the public good, safety, welfare, and health; and WHEREAS , drafts of these two proposed intergovernmental agreements are attached to and made a part of this Resolution as if fully set forth verbatim. NOW, THEREFORE, BE IT RESOLVED , that the Common Council of the City of Janesville hereby authorize the City Manager to execute and enter into the two attached State/Municipal Intergovernmental Agreements with the State of Wisconsin Department of Transportation, on behalf of the City of Janesville; and BE IT FURTHER RESOLVED , that the City Manager and his designee(s), on behalf of the City of Janesville, are hereby jointly and severally further authorized and empowered to negotiate, draft, review, modify, amend, execute, enter into, file, and/or record additional agreements, amendments, documents, and letters of understanding concerning this matter; and is further authorized to take whatever additional other actions that the City Manager may determine, in his sole discretion from time to time and at any time, necessary, desirable, and/or beneficial in the public interest to effectuate the intent of this Resolution and/or these two programs/agreements; and BE IT FURTHER RESOLVED , by the Common Council of the City of Janesville that they hereby approve and authorize the City Administration to take actions necessary to include and provide such necessary funding for the repair and reconstruction design work for both highways one or more future tax exempt City of Janesville issued general obligation promissory note and/or bond issues (borrowing/public financing), with Janesville’s projected share of the design costs not to exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) for USH14 and Two Hundred Sixty Six Thousand Two Hundred Fifty and 00/100 Dollars ($266,250.00) for STH26 No funds from sources other than the Notes, Bonds, or the Available Funds identified above are, or are expected to be, reserved, allocated on a long-term basis, or otherwise set aside by the City for the project, except as permitted by the Internal Revenue Code of 1986, as amended. This declaration of official intent is consistent with the budgetary and financial circumstances of the City. The purpose of this Resolution is to satisfy the “official intent requirement” of Treasury Regulation Section 1.150-2. ADOPTED: MOTION BY: APPROVED: SECOND BY: COUNCILMEMBER AYE NAY PASS ABSENT Eric Levitt, City Manager DONGARRA-ADAMS FARRELL ATTEST: KEALY Jean Ann Wulf, City Clerk-Treasurer LIEBERT APPROVED AS TO FORM: SEVERSON STEEBER City Attorney, Wald Klimczyk VOSKUIL Proposed by: PUBLIC WORKS DIRECTOR Prepared by: PUBLIC WORKS DIRECTOR and CITY ATTORNEY Date: August 6, 2012 I.D.: 5569-00-01/71 STATE/MUNICIPAL AGREEMENT Title: Humes Road, C Janesville FOR A Limits: Lexington Street to Pontiac Drive HIGHWAY IMPROVEMENT PROJECT Highway: USH 14 Length: 0.27 miles County: Rock The signatory City of Janesville, 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 Section 86.25(1), (2), and (3) of the Statutes. NEEDS AND ESTIMATE SUMMARY: **This agreement is for the initiation of preliminary design** Existing Facility – Existing roadway is a connecting highway with a deterioration of the existing overlay, which is over concrete pavement. Roadway is 4 lanes with a median divider. A rural cross section exists east of the Lexington Street intersection; development has occurred beyond this point. Proposed Improvement – Reconstruct roadway. Investigate feasibility of converting rural cross section to an urban section. Analyze signalized intersections at Lexington and Pontiac for improvements, if needed. Project will be analyzed to determine how best to accommodate Complete Streets requirements for bicycle and pedestrian accommodations (where feasible). Project will be coordinated with reconstruction of IH 39/US 14 interchange in the Majors program. Non-participating Items – Any water and/or sanitary sewer work, which includes design, construction, and oversight/acceptance of work. Any overrun of capped Community Sensitive Solutions (CSS) funding. Total Federal/State Municipal %% Est. CostFundsFunds Design Engineering Plan Development: · Project 5569-00-01 (connecting hwy) $180,000$135,00075$45,00025 Real Estate Acquisition: · Project xxxx-xx-bb 1000 Roadway Construction: · Project 5569-00-71 1 · Roadway Items (0010)$1,254,0001000 · New sidewalk, if required by Trans 75 1000 · New sidewalk not required by Trans 758020 · New standard lighting system 5050 2 · CSS $42,725$42,625MAX.$100BAL. · Non-participating · Sanitary and Water (< $50,000) 0100 Non-participating municipal utilities (>$50K): · Project xxxx-xx-gg · Sanitary and Water 0100 Roadway Construction Total $1,296,725$42,625$100 Total Cost Distribution $1,476,725$177,625$45,100 Note: The dollar amounts shown in the above table are estimates unless explicitly identified as maximum amounts. All estimates are 2012dollars and have an estimated delivery cost of 10%added. 1 Preliminary (pre-scope) estimate 2 Community Sensitive Solutions (CSS) funding is optional Federal/State funding available to the Municipality for enhancing construction projects by integrating them into the community. CSS items must be approved by the State and shall be attributable to LET bid items through a State project. Federal/State CSS funding is capped at $42,625. All CSS costs (including delivery) exceeding $42,625 are the responsibility of the Municipality. 2 This request is subject to the terms and conditions that follow 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 by an instrument in writing executed by both parties to the State/Municipal Agreement. ( Signed for and in behalf of the City of Janesvilleplease sign in blue ink) Name Title Date ( Signed for and in behalf of the State please sign in blue ink) Name TitleDate 3 TERMS AND CONDITIONS: 1.The initiation and accomplishment of the improvement will be subject to the applicable Federal and State regulations. 2.The Municipality shall pay to the State all costs incurred by the State in connection with the improvement that exceed Federal/State financing commitments or are ineligible for Federal/State financing. Local participation shall be limited to the items and percentages set forth in the Summary of Costs table, which shows Municipal funding participation. 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. 3.Funding of each project Phase is subject to inclusion in an approved program and per the State’s Facility Development Manual (FDM) standards. Federal aid and/or state transportation fund financing will be limited to participation in the costs of the following items as specified in the Summary of Costs: (a)Design engineering and state review services. (b)Real Estate necessitated for the improvement. (c)Compensable utility adjustment and railroad force work necessitated for the project. (d)The grading, base, pavement, curb and gutter, and bridge costs to State standards, excluding the cost of parking areas. (e)Storm sewer mains, culverts, laterals, manholes, inlets, catch basins, and connections for surface water drainage of the improvement; including replacement and/or adjustments of existing storm sewer manhole covers and inlet grates as needed. (f)Construction engineering incidental to inspection and supervision of actual construction work, except for inspection, staking, and testing of sanitary sewer and water main. (g)Signing and pavement marking necessitated for the safe and efficient flow of traffic, including detour routes. (h)Replacement of existing sidewalks necessitated by construction and construction of new sidewalk at the time of construction. Sidewalk is considered to be new if it’s constructed in a location where it has not existed before. (i)Replacement of existing driveways, in kind, necessitated by the project. (j)New installations or alteration resulting from roadway construction of standard State street lighting and traffic signals or devices. Alteration may include salvaging and replacement of existing components. Work necessary to complete the improvement to be financed entirely by the Municipality or other utility or 4. Facility Owner includes the following items: (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)New installation or alteration of signs not necessary for the safe and efficient flow of traffic. (c)Roadway and bridge width in excess of standards. 4 (d)Construction inspection, staking, and material testing and acceptance for construction of sanitary sewer and water main. (e)Coordinate, clean up, and fund any hazardous materials encountered during construction. All hazardous material cleanup work shall be performed in accordance to state and federal regulations. (f)Damages to abutting property due to change in street or sidewalk widths, grades or drainage. (g)Conditioning, if required and maintenance of detour routes. (h)Repair of damages to roads or streets caused by reason of their use in hauling materials incidental to the improvement. As the work progresses, the Municipality will be billed for work completed which is not chargeable to 5. federal/state funds. Upon completion of the project, a final audit will be made to determine the final division of costs. If the Municipality should withdraw the project, it shall reimburse the State for any costs incurred by the State 6. in behalf of the project. The work will be administered by the State and may include items not eligible for federal/state participation. 7. The Municipality shall at its own cost and expense: 8. (a)Maintain all portions of the project that lie within its jurisdiction for such maintenance through statutory requirements, in a manner satisfactory to the State and shall make ample provision for such maintenance each year. This agreement does not remove the current municipal maintenance responsibility. (b)Maintain all items outside the travel lane along the project, to include but not limited to parking lanes, curb and gutter, drainage facilities, sidewalks, multi-use paths, retaining walls, pedestrian refuge islands, landscaping features and amenities funded by Community Sensitive Solutions (CSS). (c)Maintain and accept responsibility for the energy, operation, maintenance, repair, and replacement of the lighting system. (d)Use the WisDOT Utility Accommodation Policy unless the Municipality adopts a policy which has equal or more restrictive controls. (e)Provide complete plans, specifications, and estimates for sanitary sewer and water main work. The Municipality assumes full responsibility for the design, installation, inspection, testing, and operation of the sanitary sewer and water system.This relieves the State and all of its employees from the liability for all suits, actions, or claims resulting from the sanitary sewer and water system construction. (f)Maintain all Community Sensitive Solutions and/or enhancement funded items. (g)Coordinate with the State on changes to highway access within the project limits. (h)Assume general responsibility for all public information and public relations for the project and to make a 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 projects. 5 9.Basis for local participation. **This agreement is for the initiation of preliminary design** (a)Design Engineering (5569-00-01) The Municipality is responsible for 25% of the design engineering costs for improvements on a Connecting Highway. The Municipality may be responsible for the design of decorative street lighting and other enhancement items. (b)Roadway Construction (5569-00-71) The construction estimate is preliminary for program scheduling only. As items are identified during the design phase that require cost participation or are ineligible for Fed/State funding, this agreement will be amended to reflect those costs. 6 General info for Section 9 “Basis of Payment” for future project agreement reference (not part of initial preliminary design agreement) Sidewalk: Replacement of sidewalk necessitated by roadway construction is 100% eligible for Federal/State funding. Costs of new continuous standard sidewalk constructed alongside the STH to WisDOT standards, and installed at the time of project construction are 100% eligible for Federal/State funding if Trans 75 requirements are met. Sidewalk that does not qualify under Trans 75 requirements, but requested by the Municipality is 80% eligible for Federal/State funding. The Municipality may request decorative sidewalk in place of standard sidewalk, however the State will only participate in 100% of the standard sidewalk costs. The decorative sidewalk items are eligible for CSS funding. Lighting: Replacement or salvaged street lighting necessitated by roadway construction is 100% eligible for Federal/State funding. New continuous street lighting designed to accepted WisDOT standards and installed at time of construction is 50% eligible for Federal/State funding. The Municipality may request decorative lighting in place of standard lighting; however the State will only participate in 50% of the standard lighting cost. The decorative lighting items are eligible for CSS funding. All future maintenance and operation costs of the continuous street lighting are the responsibility of the Municipality. Standard lighting for roundabouts is 100% eligible for Federal/State funding; maintenance and operation costs of the lighting is the responsibility of the Municipality on connecting highways. The Municipality may request decorative lighting in place of standard lighting; however the State will only participate in 100% of the standard lighting cost. CSS: The CSS funding is 100% Federal/State with a maximum of $xx,xxx. The Municipality will be responsible for 100% of the costs of the aesthetic items over the Federal/State maximum. All CSS related aesthetic treatments must be finalized 6 months prior to the PS&E date of xx/xx/xxxx. (a CSS itemized list can be spelled out) 7 Date: August 6, 2012 I.D.: 5360-01-01/71 STATE/MUNICIPAL AGREEMENT Title: C Janesville, Milton Avenue FOR A Limits: Centerway to Kennedy Road HIGHWAY IMPROVEMENT PROJECT Highway: STH 26 Length: 1.57 miles County: Rock The signatory City of Janesville, 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 Section 86.25(1), (2), and (3) of the Statutes. NEEDS AND ESTIMATE SUMMARY: **This agreement is for the initiation of preliminary design** Existing Facility – Existing roadway is a connecting highway with a deterioration of the existing overlay, which is over concrete pavement of various ages. Roadway width varies from 48 feet to 76 feet face to face (including median and turn lane widths). The roadway is undivided from Milton Avenue to Mathison Street, and divided from Mathison Street to north of Kennedy Road. There is no parking present anywhere along the project length. There are crash problems along the entire length of the project. There are no current or projected level of service (LOS) concerns. Proposed Improvement – Reconstruct roadway. Alternatives to be discussed with Municipality to determine final cross section, lane configurations, and intersection improvements. Project will be analyzed to determine how best to accommodate Complete Streets requirements for bicycle and pedestrian accommodations (where feasible). Non-participating Items – Any water and/or sanitary sewer work, which includes design, construction, and oversight/acceptance of work. Any overrun of capped Community Sensitive Solutions (CSS) funding. The project is currently scheduled for 2018 construction. Note: The dollar amounts shown in the above table are estimates unless explicitly identified as maximum amounts. All estimates are 2012 dollars and have an estimated delivery cost of 10%added. 1 Preliminary (pre-scope) estimate 2 Community Sensitive Solutions (CSS) funding is optional Federal/State funding available to the Municipality for enhancing construction projects by integrating them into the community. CSS items must be approved by the State and shall be attributable to LET bid items through a State project. Federal/State CSS funding is capped at $235,000. All CSS costs (including delivery) exceeding $235,000 are the responsibility of the Municipality. 2 This request is subject to the terms and conditions that follow 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 by an instrument in writing executed by both parties to the State/Municipal Agreement. Signed for and in behalf of the City of Janesville (please sign in blue ink) Name Title Date Signed for and in behalf of the State (please sign in blue ink) Name TitleDate 3 TERMS AND CONDITIONS: 1. The initiation and accomplishment of the improvement will be subject to the applicable Federal and State regulations. 2. The Municipality shall pay to the State all costs incurred by the State in connection with the improvement that exceed Federal/State financing commitments or are ineligible for Federal/State financing. Local participation shall be limited to the items and percentages set forth in the Summary of Costs table, which shows Municipal funding participation. 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. 3. Funding of each project phase is subject to inclusion in an approved program and per the State’s Facility Development Manual (FDM) standards. Federal aid and/or State transportation fund financing will be limited to participation in the costs of the following items as specified in the Summary of Costs: (a)Design engineering and State review services. (b)Real Estate necessitated for the improvement. (c)Compensable utility adjustment and railroad force work necessitated for the project. (d) The grading, base, pavement, curb and gutter, and bridge costs to State standards, excluding the cost of parking areas. (e)Storm sewer mains, culverts, laterals, manholes, inlets, catch basins and connections for surface water drainage of the improvement; including replacement and/or adjustments of existing storm sewer manhole covers and inlet grates as needed. (f)Construction engineering incidental to inspection and supervision of actual construction work, except for inspection, staking and testing of sanitary sewer and water main. (g)Signing and pavement marking necessitated for the safe and efficient flow of traffic, including detour routes. (h) Replacement of existing sidewalks necessitated by construction and construction of new sidewalk at the time of construction. Sidewalk is considered to be new if it’s constructed in a location where it has not existed before. (i)Replacement of existing driveways, in kind, necessitated by the project. (j) New installations or alteration resulting from roadway construction of standard State street lighting and traffic signals or devices. Alteration may include salvaging and replacement of existing components. 4. Work necessary to complete the improvement to be financed entirely by the Municipality or other utility or Facility Owner includes the following items: (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. 4 (b)New installation or alteration of signs not necessary for the safe and efficient flow of traffic. (c)Roadway and bridge width in excess of standards. (d)Construction inspection, staking, and material testing and acceptance for construction of sanitary sewer and water main. (e)Coordinate, clean up, and fund any hazardous materials encountered during construction. All hazardous material cleanup work shall be performed in accordance to state and federal regulations. (f) Damages to abutting property due to change in street or sidewalk widths, grades or drainage. (g)Conditioning, if required and maintenance of detour routes. (h)Repair of damages to roads or streets caused by reason of their use in hauling materials incidental to the improvement. 5. As the work progresses, the Municipality will be billed for work completed which is not chargeable to federal/state funds. Upon completion of the project, a final audit will be made to determine the final division of costs. 6. If the Municipality should withdraw the project, it shall reimburse the State for any costs incurred by the State in behalf of the project. 7. The work will be administered by the State and may include items not eligible for federal/state participation. 8. The Municipality shall at its own cost and expense: (a)Maintain all portions of the project that lie within its jurisdiction for such maintenance through statutory requirements, in a manner satisfactory to the State and shall make ample provision for such maintenance each year. This agreement does not remove the current municipal maintenance responsibility. (b)Maintain all items outside the travel lane along the project, to include but not limited to parking lanes, curb and gutter, drainage facilities, sidewalks, multi-use paths, retaining walls, pedestrian refuge islands, landscaping features and amenities funded by Community Sensitive Solutions (CSS). (c)Maintain and accept responsibility for the energy, operation, maintenance repair, and replacement of the lighting system. (d) Use the WisDOT Utility Accommodation Policy unless the Municipality adopts a policy which has equal or more restrictive controls. (e)Provide complete plans, specifications and estimates for sanitary sewer and water main work. The Municipality assumes full responsibility for the design, installation, inspection, testing and operation of the sanitary sewer and water system. This relieves the State and all of its employees from the liability for all suits, actions, or claims resulting from the sanitary sewer and water system construction. (f)Maintain all Community Sensitive Solutions and/or enhancement funded items. (g)Coordinate with the State on changes to highway access within the project limits. 5 (h)Assume general responsibility for all public information and public relations for the project and to make a 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 projects. 9.Basis for local participation. **This agreement is for the initiation of preliminary design** (a)Design Engineering (5360-01-01) The Municipality is responsible for 25% of the design engineering costs for improvements on a Connecting Highway. The Municipality may be responsible for the design of decorative street lighting and other enhancement items. (b)Roadway Construction (5360-01-71) The construction estimate is preliminary for program scheduling only. As items are identified during the design phase that require cost participation or are ineligible for Fed/State funding, this agreement will be amended to reflect those costs. 6