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File #: 031256    Version:
Type: Resolution Status: Passed
File created: 12/19/2003 In control: PUBLIC WORKS COMMITTEE
On agenda: Final action: 4/13/2004
Effective date:    
Title: Substitute resolution authorizing and directing the Commissioner of Public Works to execute a revised project agreement with the Wisconsin Department of Transportation for the programming and construction of West Canal Street between North 6th Street and Miller Park with Federal and State Aid and authorizing the Commissioner of Public Works to proceed with construction of the Canal Street Reconstruction/Extension project and the Hank Aaron State Trail (6th to Miller Park segment).
Sponsors: THE CHAIR
Indexes: DEPARTMENT OF PUBLIC WORKS, INTERGOVERNMENTAL AGREEMENTS, STREET IMPROVEMENTS, WISCONSIN DEPARTMENT OF TRANSPORTATION
Attachments: 1. Cover Letter.pdf, 2. Fiscal Note.pdf, 3. First Revised Agreement.pdf
Number
031256
Version
Substitute
Reference
020228, 981662
Sponsor
The Chair
Title
Substitute resolution authorizing and directing the Commissioner of Public Works to execute a revised project agreement with the Wisconsin Department of Transportation for the programming and construction of West Canal Street between North 6th Street and Miller Park with Federal and State Aid and authorizing the Commissioner of Public Works to proceed with construction of the Canal Street Reconstruction/Extension project and the Hank Aaron State Trail (6th to Miller Park segment).
Analysis
Substitute resolution authorizing and directing the Commissioner of Public Works to execute a revised project agreement with the Wisconsin Department of Transportation for the programming and construction of West Canal Street between North 6th Street and Miller Park with Federal and State Aid and authorizing the Commissioner of Public Works to proceed with construction of the Canal Street Reconstruction/Extension project and the Hank Aaron State Trail (6th to Miller Park segment).
Body
Whereas, Common Council Resolution 020228 authorized and directed the Commissioner of Public Works to execute a project agreement with the Wisconsin Department of Transportation for the programming and construction of West Canal Street between North 6th Street and North 25th Street with Federal and State Aid; and
 
Whereas, The Department of Public Works is currently undertaking preliminary/final engineering for the construction of West Canal Street between North 6th Street and North 25th Street and the extension of West Canal Street between North 25th Street and Miller Park with State Aid under said project agreement as authorized by Common Council Resolution 020228; and
 
Whereas, Said project agreement precluded State and Federal cost participation for construction of the extension of West Canal Street between North 25th Street and Miller Park; and
 
Whereas, 2003 Wisconsin Act 33 amended the enabling State statutes to allow State and Federal cost participation in the extension of West Canal Street between North 25th Street and Miller Park; and
 
Whereas, WISDOT has provided a revised Project Grant Agreement for all project elements that allows for Federal and State cost participation in the construction of West Canal Street between North 6th Street and North 25th Street and the extension between North 25th Street and Miller Park and has submitted the revised agreement to the City for execution; and
 
Whereas, The Project Grant Agreement authorizes the WISDOT to cut off and withhold $10 million otherwise due and payable to the City if the City fails to comply with the conditions of the grant agreement; and
 
Whereas, Common Council Resolution 981662 authorized and directed the Commissioner of Public Works to execute the "State/Sponsor Agreement for Congestion Mitigation and Air Quality (CMAQ) Improvement Project" with the Wisconsin Department of Transportation for the programming and construction of the Hank Aaron State Trail through the Menomonee Valley; and
 
Whereas, It is anticipated that the construction of the Hank Aaron State Trail between North 6th Street and Miller Park will be accomplished in conjunction with construction of West Canal Street between North 6th Street and Miller Park; now, therefore, be it
 
Resolved, By the Common Council of the City of Milwaukee, that the Commissioner of Public Works is hereby authorized and directed to execute the Project Grant Agreement with the WISDOT for the programming and construction of the improvement of West Canal Street between North 6th Street and Miller Park with Federal/State aid, a draft copy of which is attached to Common Council  File Number 031256, and is incorporated in this resolution by reference as though set forth in full; and, be it
 
Further Resolved, That the City authorizes the WISDOT to set off and withhold $10 million otherwise due and payable by the WISDOT to the City from future General Transportation Aids (GTA) payments to the City; said amount intended to be withheld only if the City fails to comply with the conditions of the grant agreement; and, be it
 
Further Resolved, That this Resolution supercedes Resolution File Number 020228, aforementioned above; and, be it
 
Further Resolved, That minor changes to the draft Project Grant Agreement which do not change the intent of the Agreement are hereby approved; and, be it
 
Further Resolved, That the Commissioner of Public Works is authorized and directed to let contracts for construction related work associated with this project; and, be it
 
Further Resolved, That the Commissioner of Public Works is hereby authorized and directed to enter into an agreement with the WISDOT, if necessary, pertaining to the cost participation for the installation and/or modification of traffic control facilities and street lighting facilities with City forces in conjunction with the improvement of the aforementioned project; and, be it
 
Further Resolved, That the Commissioner of Public Works is hereby authorized and directed to install the traffic control and street lighting facilities necessary with City forces in conjunction with the aforementioned project; and, be it
 
Further Resolved, That the Commissioner of Public Works and/or City Engineer are authorized and directed to negotiate and execute any other agreements necessary to accomplish construction of the project including a Right-of-Entry agreement between the City, the Milwaukee Brewers Baseball Club, The Southeast Wisconsin Professional Baseball Club, and The Redevelopment Authority of the City of Milwaukee (RACM) and an Industry Track Agreement between the City, Soo Line Railroad Company and Lonestar Industries; and, be it
 
Further Resolved, That Department of Public Works funding allocated to the Canal Street Reconstruction/Extension project will be used for the local share as required for the Hank Aaron State Trail CMAQ grant; and, be it
 
Further Resolved, That the City Comptroller is hereby authorized to create within the Capital Improvement Fund, Grant and Aid Projects, the necessary Project/Grant Chartfield Values for construction of Canal Street between North 6th Street and North 25th Street (Expenditure and transfer to any of these accounts the amount required under the grant agreement and City Accounting Policy but not to exceed a 10 percent increase of the total amounts reserved for the grantor's share and local share, or $5,000, whichever is greater), as follows:
 
Infrastructure Services Division Accounts
West Canal Street/Hank Aaron State Trail
North 6th Street to North 25th Street
 
Canal (I.D. 2984-25-01/02/03)
Streets
City Share
Fund No. 0333
Project Grant No. ST320000000
Assessable
$1,041,000
 
Canal
Streets
City Share
Fund No. 0333
Project Grant No. ST320000000
Non-Assessable
$4,846,500
 
Canal
Streets
Grantor Share
Fund No. 0306
Project Grant No. SP032000100
$5,887,500
 
Hank Aaron State Trail (I.D. 2984-09-09/29/79)
Streets
City Share
Fund No. 0333
Project Grant ST320000000
$61,000
 
 
Hank Aaron State Trail
Streets
Grantor Share
Fund No. 0306
Project Grant No. SP032000100
$244,000
 
Hank Aaron State Trail
Real Estate
City Share
Fund No. 0333
Project Grant ST320000000
$38,800
 
Hank Aaron State Trail
Real Estate
Grantor Share
Fund No. 0306
Project Grant No. SP032000100
$155,200
 
Estimated Cost Total
$11,775,000
 
; and, be it
 
Further Resolved, That the City Engineer is hereby authorized and directed to approve and make periodic payments to the WISDOT upon receipt of invoices for the local share of costs of the project.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
JJM:dle
March 22, 2004
031256