File #: R-2021-0845    Version: 1
Type: Resolution Status: Adopted
File created: 12/14/2021 In control: Public Works Committee
On agenda: 12/14/2021 Final action: 12/14/2021
Title: Resolution to authorize reimbursement to the Wisconsin Department of Transportation in accordance with a ruling by the Federal Highway Administration for the City's canceled bike trail and bike bridge projects in the amount of $357,001.76 and approving a 2021 Engineering Department Fund Transfer and Amending the 2021 Capital Improvement Program.
Sponsors: Public Works Committee
Attachments: 1. COMM-2018 - Bike Bridge (2), 2. 2021_10_26_West_Allis_TAP_Repayment, 3. Res_R-2021-0845, 4. Res_R-2021-0845 - SIGNED
Title
Resolution to authorize reimbursement to the Wisconsin Department of Transportation in accordance with a ruling by the Federal Highway Administration for the City's canceled bike trail and bike bridge projects in the amount of $357,001.76 and approving a 2021 Engineering Department Fund Transfer and Amending the 2021 Capital Improvement Program.

Body
WHEREAS, the Common Council voted to cancel the bike bridge project as outlined in Communication 2018-0227 to Council on March 20, 2018 due to the significantly higher bids received by WisDOT and the additional costs of de-energizing the American Transmission Services (ATC) high power lines and the additional costs due to the We Energies Gas high pressure gas main and the additional cost caused by large traffic volumes on WisDOT's Hwy 100 and the additional costs with WisDOT fiber optic line directly under the pier of the proposed bridge as well as the additional cost of the very large City owned Storm Box Culvert directly under the pier of the bridge; and

WHEREAS, the total cost to the City of the bike bridge would have totaled $1,191,889.40 not including all the additional utility costs outlined above; and

WHEREAS, the Wisconsin Department of Transportation (WisDOT) and the Federal Highway Administration (FHWA) recently completed a thorough review of the entire bike trail project and ruled that federal fund forgiveness is not possible; and

WHEREAS, the City has been invoiced for all the expenditures associated with this project, including preliminary engineering expenditures for the three trail segments, as well as the bridge design and construction oversight charges which totaled $357,001.76; and

WHEREAS, FHWA Order 5020.1A which is known as the 10-year rule, and is derived from Title 23, United States Code Section 102 (b), outlines requirements pertaining to repayment of federal preliminary engineering funding if on-site construction of, or acquisition of right-of-way for, a project is no...

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