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File #: 17536    Version: Name: Authorizing the Mayor and City Clerk to execute an agreement with the State of Wisconsin Department of Transportation for the improvement of Central Park - Phase I with the use Federal grant money for the construction of the park.
Type: Resolution Status: Passed
File created: 2/19/2010 In control: BOARD OF ESTIMATES (ended 4/2017)
On agenda: 3/16/2010 Final action: 3/16/2010
Enactment date: 3/17/2010 Enactment #: RES-10-00226
Title: SUBSTITUTE Authorizing the Mayor and City Clerk to execute an agreement with the State of Wisconsin Department of Transportation for the improvement of Central Park - Phase I with the use Federal grant money for the construction of the park.
Sponsors: David J. Cieslewicz, Marsha A. Rummel, Joseph R. Clausius
Fiscal Note
These estimates are preliminary at this point.  An updated estimate shall be provided in a future resolution for approving the plans and specifications and authorizing the City to let the construction contract for Central Park - Phase I.
 
The proposed indemnification language in the Project Agreement has been reviewed by the Risk Manager.  While the City's risk exposure is increased by this agreement, the exposure is covered by the City's insurance policy subject to its terms and conditions.  Any impact on costs would not be immediately known.
 
 
This Project Agreement shall authorize the payment for oversight and review, which shall be funded in the 2010 Capital Budget project 810625:
Oversight and Review
Cost:                    $35,000
State/Federal Cost       $28,000
City Cost              $7,000
 
 
The total construction cost shall be covered in the 2011 Capital Budget:
Total Cost:            $4,972,003
Total State/Federal Cost:        $3,121,651
Total City Cost:            $1,850,352
 
Title
SUBSTITUTE Authorizing the Mayor and City Clerk to execute an agreement with the State of Wisconsin Department of Transportation for the improvement of Central Park -  Phase I with the use Federal grant money for the construction of the park.
 
Body
PREAMBLE
 
The City is proposing construction of Phase I of the Central Park project, an urban park located in the East Isthmus Corridor on the near east side.  Phase I of the Central Park project includes the area known as the Great Lawn, the Gateway Crossing of the rail road tracks and preliminary grading of the Skate Park.  The Skate Park will not be designed or constructed at this time.  The City has received a Federal grant for the construction of this project.  Those funds will be applied to Phase I construction (approximately $3.1 million).  The design will be funded with local funds.  Funds for design are included in the 2009 and 2010 Capital Budget.  Funds for the construction of this project will be available in the 2011 Capital Budget.
 
WHEREAS, The project will be constructed under a contract let by the City of Madison.  A Project Agreement between the City and the Wisconsin Department of Transportation will be required for review and oversight as well as for administration of the Federal funds by the Wisconsin Department of Transportation, and,  
 
WHEREAS, The Project Agreement allows the consultant and the Wisconsin Department of Transportation to start the design process and allows for payment and reimbursements to be made during the construction of this project, and,
 
WHEREAS, KJohnson Engineers shall be the consultant hired by Wisconsin Department of Transportation to provide review and oversight for this project.  The City shall pay for the cost of this consulting service with funds from the 2010 Capital Budget.  The oversight and review shall have an 80/20 cost sharing where the Federal funds pay for 80% of the consulting costs while the City's share is 20%.  Total estimated cost for oversight and review is $35,000.
 
WHEREAS, The Project Agreement shall define the cost sharing of the proposed project.  The basis for the cost sharing participation is as follows:
 
Design Engineering:  All design-engineering costs necessitated by the project are 100% Local Funding.  Funds for design-engineering are available in the 2010 Capital Budget.
 
Street and Park Improvements:  Street improvements and park improvements for this project include the street pavement, curb and gutter, local storm sewer, sanitary sewer, water improvements, utility services, sidewalk and drive aprons, base material, terrace restoration, bike paths and walks, grading and landscaping in the park, retaining walls, and safety and security requirements for the rail line and related crossing.  Funds for construction will be available from the Federal grant and the 2011 Capital Budget.
 
 
WHEREAS, The agreement with the State of Wisconsin Department of Transportation for construction cost sharing defines the terms under which the City is awarded Federal funds and the agreement requires that the City indemnify the State of Wisconsin Department of Transportation. City APM 1-1 requires Common Council approval whenever the City indemnifies another party.
 
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Clerk are authorized to execute an agreement with the State of Wisconsin Department of Transportation for the improvements to Central Park Phase I with the use of the Federal grant funds for this project.
 
BE IT FURTHER RESOLVED, that the Common Council approves the indemnification of the State of Wisconsin Department of Transportation as set forth in the agreement in order to use Federal funds for Central Park - Phase I.