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HomeMy WebLinkAbout09-42FEBRUARY 10, 2009 09 -42 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE AGREEMENTS WITH WISCONSIN DEPARTMENT OF TRANSPORTATION FOR UTILITY RELOCATIONS AT RECONSTRUCTION OF US HIGHWAY 41: A) Witzel Avenue / Washburn Street / Koeller Street / Rath Lane: Sanitary Sewer -- $78,328.25 Water Main -- $118,333 B) Snell Road / Fernau Avenue: Sanitary Sewer -- $114,012.50 Water Main -- $41,762.00 INITIATED BY: DEPARTMENT OF PUBLIC WORKS BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Agreements between the Wisconsin Department of Transportation and City of Oshkosh for utility relocations for Highway 41 reconstruction are hereby approved and the proper City officials are hereby authorized to execute and deliver the agreement in substantially the same form as attached hereto, any changes in the execution copy being deemed approved by their respective signatures, and said City officials are authorized and directed to take those steps necessary to implement the terms and conditions of the Agreement. BE IT FURTHER RESOLVED that money for this purpose is hereby appropriated from: A) ( Witzel, etc.) Acct. No. 541 - 1841 - 1799 -00000 - Water Utility Construction Work in Progress Acct. No. 551 - 1910 - 1799 -00000 - Sewer Utility Construction Work in Progress 8) (Snell, etc.) Acct. No. 541 - 1841 - 1799 -00000 - Water Utility Construction Work in Progress Acct. No. 551 - 1910 - 1799 -00000 - Sewer Utility Construction Work in Progress ( 0 OfHKOlH ON THE WATER MEMORANDUM TO: FROM DATE: RE: Honorable Mayor and Members of the Common Council Steven M. Gohde, Assistant Director of Public Works February 5, 2009 Approve Agreements with Wisconsin Department of Transportation for Utility Relocations at US Hwy 41 - Witzel Ave /Washburn St/Koeller St/Rath Lane (Sanitary Sewer - $78,328.25; Water Main - $118,333) BACKGROUND The Wisconsin Department of Transportation (DOT) is planning to reconstruct US Hwy 41 from State Hwy 26 to Breezewood Lane beginning in 2009. US Hwy 41 has reached its capacity and will be expanded to meet the public needs and improve safety. This work includes widening Washburn St. to four lanes, two in each direction and realigning of Washburn St. from the west side of Lowes through the Witzel intersection. The Witzel overpass of US Hwy 41 will be reconstructed. Rath Lane will be relocated to align with the future Oshkosh Ave /Koeller St. intersection. The new alignments of US Hwy 41 and grade changes create issues for existing City utilities. The utilities would be located at such locations and depth where the City would be unable to repair them in the future. The City has hired Gremmer and Associates to develop plans to relocate the utilities. ANALYSIS Gremmer and Associates have coordinated plans for the DOT construction work with the City Utilities to develop plans to relocate City Utilities that are in conflict. The DOT will fund 90% of the costs associated with relocating City utilities. Preliminary designs are complete and cost estimates have been done. The total cost of the work is estimated at $1,048,282.50. FISCAL IMPACT Funds are /will be included in the 2009 & 2010 Capital Improvement Program Sanitary Sewer Construction and Water Main Construction sections. The estimated costs to the City are $78,328.25 for Sanitary Sewer and $118,333 for Water Main. RECOMMENDATIONS I recommend approval of the Utility Relocation Agreement. Respectfully Submitted, Steven M. Gohde Asst. Director of Public Works Approved: City Manager H: \steveng \council memos\DOT Agreement Wash Rath Koeller Utility.doc ( 0 OlHKOIH ON THE WATER MEMORANDUM TO: FROM DATE: RE: Honorable Mayor and Members of the Common Council Steven M. Gohde, Assistant Director of Public Works February 5, 2009 Approve Agreements with Wisconsin Department of Transportation for Utility Relocations at US Hwy 41 - Snell Road / Fernau Ave (Sanitary Sewer - $114,012.50; Water Main - $41,762) BACKGROUND The Wisconsin Department of Transportation (DOT) is planning to reconstruct US Hwy 41 from State Hwy 26 to Breezewood Lane beginning in 2009. US Hwy 41 has reached its capacity and will be expanded to meet the public needs and improve safety. This work includes realigning Fernau Ave., Snell Road, Marine Dr., Westwind Rd. and the US Hwy 41 and US Hwy 45 interchange. The new alignments and grade changes create issues for existing City utilities. The utilities would be located at such locations and depth where the City would be unable to repair them in the future. The City has hired Gremmer and Associates to develop plans to relocate the utilities. ANALYSIS Gremmer and Associates have coordinated plans for the DOT construction work with the City Utilities to develop plans to relocate City Utilities that are in conflict. The DOT will fund 90% of the costs associated with relocating City utilities. Preliminary designs are complete and cost estimates have been done. The total cost of the City Utility work is estimated at $1,557,745. FISCAL IMPACT Funds are /will be included in the 2009 & 2010 Capital Improvement Program Sanitary Sewer Construction and Water Main Construction sections. The estimated costs to the City are $114,012.50 for Sanitary Sewer and $41,762 for Water Main. RECOMMENDATIONS I recommend approval of the Utility Relocation Agreement. Respectfully Submitted, Steven M. Gohde Asst. Director of Public Works Approved: City Manager H:lstevenglcouncil memos\DOT Agreement Fernau Snell Utility. doc RECOMMENDATION TO GOVERNOR FOR CONTRACT AND BOND APPROVAL DT25 2/2005 Project ID(s) 1120 -11 -53 Contract With Citv of Oshkosh, Sewer of Oshkosh Project Description /Location STH 26 - Breezewood STH 21 - USH 45 USH 41 Winnebago County Date Let Date Awarded I u bona Kegwrea L � u 4 ..,�w N/A I N/A Project Requested By or Purpose Relocation of municipal utility facilities in accordance with Statute 84.295(4m) which requires the State to pay 90% of municipally owned utility facility relocation costs on designated Freeway projects. Work Consists of Relocation, replacement, adjustment and abandonment of segments of City of Oshkosh sewer facilities and their appurtenances located in the public way in order to accommodate the reconstruction of USH 41. Consequences - If Not Approved Delay the USH 41 highway improvement project. PROJECT FUNDING PERCENTAGES STATE I. D. STATE FUNDS FEDERAL FUNDS LOCAL FUNDS OTHER 1120 - 11 - 53 90($704,954.25) 10 ($78,328.25) Contract Authority I certify that this contract is financially and programmatically consistent with the approved annual operating budget or facilities program. I further certify that this request for Governor's approval meets all applicable state and federal statutes, rules, regulations, and guidelines. This certification is based upon a thorough and complete analysis of this request. X' Forward to Department Secretary (Contract Authority) (Date) X Forward to Office of the Governor (Department Secretary / Deputy Secretary) (Date) Wisconsin Department of Transportation Let Proposal Number Organization - Division Bureau DOT -DTSD Project Development Originator Name Title Randy Knoche 608- 266 -1824 Contract Manager Contract Amount WisDOT Confidential Estimate $ 783,282.50 $ NIA Contract Type ❑ Let Construction ❑ LFA (State), ❑ LFA (Local) ❑ Razing ❑ Emergency Construction ❑ Traffic Mitigation ❑ Local Construction ❑ Construction Eng ❑ Design Eng ❑ Survey ❑ Bridge Design ❑ Environmental ❑ Railroads Other: Utility Relocation X Return to Contract Authority (Governor - Approval and Authorization) (Date) AGREEMENT FOR PAYMENT For Relocation or Replacement of Municipal Utility Facilities Located on Public Held Land Required by Freeway Construction Wisconsin Department of Transportation DT1575 11/2005 (Replaces ED871) s.84.295(4m) Wis. Stats. Municipal Utility Name CITY OF OSHKOSH, SEWER Project Description — Include Project ID, Title, Subtitle, Highway, County 1120 -11 -53 USH 41, STH 26 - BREEZEWOOD, STH 21 - USH 45, WINNEBAGO This Agreement is made and entered into by and between 2. A credit shall be given representative of the amount of the Wisconsin Department of Transportation, designated as depreciation accrual, if any, assignable to the facilities the "DEPARTMENT ", and the above - identified municipal subject to replacement. Such credit shall be calculated utility, designated as the "MUNICIPAL UTILITY", for the in accordance with s.645.117(h)(2) of the Code of payment for the relocation or replacement of certain Federal Regulations, Title 23. The amount of the credit municipal utility facilities on publicly held lands as required shall be based upon the original installed cost, the age by the construction of the freeway project identified above. of the facility and the applicable depreciation rates, but may also consider the'average service lives certified by For and in consideration of the acceptable relocation or the regulatory agency having jurisdiction and the , replacement of the MUNICIPAL UTILITY facilities presently expected remaining service lives of the existing located on publicly held lands which must be modified to materials. accommodate the construction of the above - identified freeway, the DEPARTMENT will pay an amount equal to 3. Work under this Agreement shall not start until the 90% of the net cost incurred by the MUNICIPAL UTILITY for MUNICIPAL UTILITY has received written notice from the actual removal, relocation, alteration or other the DEPARTMENT to proceed with the work. The rearrangement of the MUNICIPAL UTILITY facilities situated MUNICIPAL UTILITY shall give prior notice to the on the lands required to restore equivalent function as appropriate DEPARTMENT Regional Transportation necessary and in kind, if feasible, of the affected segment of Office when it proposes to commence its construction the MUNICIPAL UTILITY facility. operations and shall give similar notification when operations are resumed subsequent to suspension of The work covered by this Agreement is set forth and made a operations. Any significant change in the extent or part of the attached Exhibit. The Exhibit consists of a scope of the work under this Agreement must be statement of the work and a proposed schedule for its covered by a written change order or any extra work accomplishment and coordination, if necessary, with the order. It is expressly understood and agreed that companion highway work, an estimate of costs, plans and any work done by the MUNICIPAL UTILITY prior to special provisions, if any. authorization by the DEPARTMENT shall be at the MUNICIPAL UTILITY's sole expense. The work shall be performed under normal MUNICIPAL UTILITY practices and the costs computed and determined The MUNCIPAL UTILITY shall not subcontract any in accordance with the work order accounting procedure portion of the work included under this Agreement prescribed or approved for the MUNICIPAL UTILITY by the without the prior approval of the DEPARTMENT except regulatory agency having jurisdiction, including applicable for work of relatively minor cost or nature. Any existing provisions of the Code of Federal Regulations 23, Part 645, continuing contract, under which the MUNICIPAL Subpart A - Utility Relocations, Adjustments, and UTILITY now has certain work regularly performed, will Reimbursement, be considered to conform to the requirements of this section, provided the contract is submitted for the. It is further understood that: Regional Director's prior approval. 1. All salvage shall be credited to the project in the The MUNICIPAL UTILITY shall keep and make manner prescribed under the MUNICIPAL UTILITY's available to. the DEPARTMENT detailed payrolls for accounting procedure for work undertaken at the office and field personnel, equipment use records, expense and volition of the MUNICIPAL UTILITY. materials used, and salvage records including the When recovered materials are to be disposed of by condition and disposition of the removed and salvaged sale as scrap, the MUNICIPAL UTILITY shall either materials, as well as payments to any MUNICIPAL have filed with the DEPARTMENT an acceptable UTILITY subcontractor if the work is performed in that statement outlining the MUNICIPAL UTILITY's current manner. standard practice and procedure for disposal of such material or shall give written notice to the The MUNICIPAL UTILITY agrees to maintain all DEPARTMENT of the location and time said recovered records of costs incurred that are covered by this materials will be available for inspection. Agreement for a period of 3 years from the date of final payment for inspection by the DEPARTMENT and the Federal Highway Administration. Utility Project ID 1120 -11 -53 Municipal Agreement City of Oshkosh UA No. 309 4.. Upon completion of the work contemplated under this Agreement, the MUNICIPAL UTILITY will submit invoices to the. DEPARTMENT setting forth the actual and related indirect cost in substantially the same detail and order indicated in the estimate attached to this Agreement. Each copy of such invoice shall identify the location where the supporting records for the costs included in the billing may be reviewed as well as the name of the MUNICIPAL UTILITY custodian of such records. Invoice shall be submitted within one year of the completion of the companion highway project. The MUNICIPAL UTILITY agrees to permit audit of said invoices by the DEPARTMENT and by the Federal Highway Administration, if necessary, and to offer prompt support for any item cited for review or be deemed to concur in the item's deletion or correction. The supportable net amount of the invoice verified by audit as being in compliance with the provisions of this Agreement shall be paid by the DEPARTMENT and will be accepted as full compensation for the agreed upon work including all damages, costs and expenses incurred by the MUNICIPAL UTILITY and arising from or necessitated by the work. 5. In connection with the performance of work under this contract, the MUNICIPAL UTILITY agrees not to discriminate against any employe or applicant for employment because of age, race, religion, color, handicap, sex, physical condition,. developmental disability as defined in s.51.01(5) Wisconsin Statutes, sexual orientation as defined in s.111.32(13m) Wisconsin Statutes or national origin. This provision shall include, but not be 'limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination," rates of pay or other forms of compensation, and selection for training, including apprenticeship. Except with respect to sexual orientation, the MUNICIPAL UTILITY further agrees to take affirmative action to ensure equal employment opportunities. The MUNICIPAL UTILITY agrees to post in conspicuous places, available for employes and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause. 6. The execution of this Agreement by the DEPARTMENT shall not relieve the MUNICIPAL UTILITY from compliance with applicable Federal and State laws, Wisconsin Administrative Codes, and local laws or ordinances which may affect the performance of the work covered, and shall not be construed to supersede any other. governmental agency requirements for plan approval or authority to undertake the utility alteration work. This Agreement does not supplant any permit required under sections 84.08, 86.07(2), or 86.16, Wisconsin Statutes. No MUNICIPAL UTILITY work affecting highway lands shall be undertaken without any required separate permit, which may be processed and approved concurrently with this Agreement. In accordance with section 84.295(4m)(d), Wisconsin Statutes, any entry upon or occupation of freeway right of way under this Agreement by a Metropolitan Sewerage District acting under section 66.24(5)(b), Wisconsin Statutes, shall be done in a manner acceptable to the DEPARTMENT. 7. The Agreement is not binding upon the parties until this document has been fully executed by the MUNICIPAL UTILITY and the DEPARTMENT. The parties have caused this Agreement to be executed by their proper officers and representatives on the date shown. Wisconsin Department of Transportation .CITY OF OSHKOSH (Municipal Utility) (Contract Manager) (Date) (Governor of Wisconsin) (Date) (Signature) (Date) (Title) (Signature) (Date) (Title) (Signature) (Date) (Title) RECOMMENDATION TO GOVERNOR Wisconsin Department of Transportation FOR CONTRACT AND BOND APPROVAL DT25 2/2005 Let Proposal Number _ Project ID(s) Organization - Division Bureau 1120 -11 -59 DOT -DTSD Project Development Originator Name Title Randy Knoche 608 - 266 -1824 Contract Manager Contract Amount WisDOT Confidential Estimate $ 265,000 $ N/A Contract With Contract Type City of Oshkosh, Water ❑ Let Construction ; ❑ LFA (State) ❑ LFA (Local) ❑ Razing ❑ Emergency Construction of - ❑ Traffic Mitigation ❑ Local Construction ❑Construction Eng ❑ Design Eng ❑ Survey Oshkosh [I Bridge Design El Envir onmental ❑ Railroads Other: Utility Relocation Project Description /Location STH 26 Breezewood STH 21 - USH 45 USH 41 Winnebago County Date Let Date Awarded I Li bona Kequirea J DU11U IMUt R=yU„=u N/A N/A Project Requested By or Purpose Relocation of municipal utility facilities in accordance with Statute 84.295(4m) which requires the State to pay 90% of municipally owned utility facility relocation costs on designated Freeway projects. Work Consists of Relocation, replacement, adjustment and abandonment of segments of City of Oshkosh water facilities and their appurtenances located in the public way in order to accommodate the reconstruction of USH 41. Consequences - If Not Approved Delay the USH 41 highway improvement project. Contract Authority certify that this contract is financially and programmatically consistent with the approved annual operating budget or facilities program. I further certify that this request for Governor's approval meets all applicable state and federal statutes, rules, regulations, and guidelines. This certification is based upon a thorough and complete analysis of this request. X Forward to Department Secretary (Contract Authority) (Date) X Forward to Office of the Governor (Department Secretary / Deputy Secretary) (Date) X Return to Contract Authority (Governor - Approval and Authorization) (Date) AGREEMENT FOR PAYMENT For Relocation or Replacement of Municipal Utility Facilities Located on Public. Held Land Required by Freeway Construction Wisconsin Department of Transportation DT1575 11/2005 (Replaces ED871) s.84.295(4m) Wis. Stat Municipal Utility Name CITY OF OSHKOSH, WATER Project Description — Include Project ID, Title, Subtitle, Highway, County 1120 -11 -59 USH 41, STH 26 - BREEZEWOOD, STH 21 - USH 45, WINNEBAGO This Agreement is made and entered into by and between the Wisconsin Department of Transportation, designated as the "DEPARTMENT ", and the above - identified municipal utility, designated as the "MUNICIPAL UTILITY', for the payment for the relocation or replacement of certain municipal utility facilities on publicly held lands as required by the construction of the freeway project identified above. For and in consideration of the acceptable relocation or replacement of the MUNICIPAL UTILITY facilities presently located on publicly held lands which must be modified to accommodate the construction of the above - identified freeway, the DEPARTMENT will pay an amount equal to 90% of the net cost incurred by the MUNICIPAL UTILITY for the actual removal, relocation, alteration or other rearrangement of the MUNICIPAL UTILITY facilities situated on the lands required - to restore equivalent function as necessary and in kind, if feasible, of the affected segment of the MUNICIPAL UTILITY facility. The work covered by this Agreement is set forth and made a part of the attached Exhibit. The Exhibit consists of a statement of the work and a proposed schedule for. its accomplishment and coordination, if necessary, with the companion highway work, an estimate of costs, plans and special provisions, if any. The work shall be performed under normal MUNICIPAL UTILITY practices and the costs computed and determined in accordance with the work order accounting procedure prescribed or approved for the MUNICIPAL. UTILITY by the regulatory agency having jurisdiction, including applicable provisions of the Code of Federal Regulations 23, Part 645, Subpart A - Utility Relocations, Adjustments, and Reimbursement. It is further understood that: 1. All salvage shall be credited to the project in the manner prescribed under the MUNICIPAL UTILITY's accounting procedure for work undertaken at the expense, and volition of the MUNICIPAL UTILITY. When recovered materials are to be disposed of by sale as scrap, the MUNICIPAL UTILITY shall either have filed with the DEPARTMENT an acceptable statement outlining the MUNICIPAL UTILITY's current standard practice and procedure for disposal of such material or shall give written notice to the DEPARTMENT of the location and time said recovered materials will be available for inspection. 2. A credit shall be given representative of the amount of depreciation accrual, if any, assignable to the facilities subject to replacement. Such credit shall be calculated in accordance with s.645.117(h)(2) of the Code of Federal Regulations, Title 23. The amount of the credit shall be based upon the original installed cost, the age of the facility and the applicable depreciation rates, but may also consider the service lives certified by the regulatory agency having jurisdiction and the expected remaining service lives of the existing materials. 3. Work under this Agreement shall not start until the MUNICIPAL UTILITY has received written notice from the DEPARTMENT. to proceed with the work. The MUNICIPAL UTILITY shall give prior notice to the appropriate DEPARTMENT Regional Transportation Office when it proposes to commence its construction operations and shall give similar notification when operations are resumed subsequent to suspension of operations. Any significant change in the extent or scope of the work under this Agreement must be covered by a written change order or any extra work order. It is expressly understood and agreed that any work done by the MUNICIPAL UTILITY prior to authorization by the DEPARTMENT shall be at the MUNICIPAL UTILITY's sole expense. The MUNCIPAL UTILITY shall not subcontract any portion of the work included under this Agreement without the prior approval of the DEPARTMENT except for work of relatively minor cost or nature. Any existing continuing contract; under which the MUNICIPAL UTILITY now has certain work regularly performed, will be considered to conform to the requirements of this section, provided the contract is submitted for the Regional Director's prior approval. The MUNICIPAL UTILITY shall keep and make available to the DEPARTMENT detailed payrolls for office and field personnel, equipment use records, materials used, and salvage records including the condition and disposition of the removed and salvaged materials, as well as payments to any MUNICIPAL UTILITY subcontractor if the work is performed in that manner. The MUNICIPAL UTILITY agrees to maintain all records of costs. incurred. that are covered by this Agreement for a period of 3 years from the date of final payment for inspection by the DEPARTMENT and the Federal Highway Administration. Utility Project ID 1120 -11 -59 Municipal Agreement City of Oshkosh UA No. 310 4. Upon completion of the work contemplated under this Agreement, the MUNICIPAL UTILITY will submit invoices to the DEPARTMENT setting forth the actual and related indirect cost in substantially the same detail and order indicated in the estimate attached to this Agreement. Each copy of such invoice shall identify the location where the supporting records for the costs included in the billing may be reviewed as well as the name of the MUNICIPAL UTILITY custodian of such records. Invoice shall be submitted within one year of the completion of the companion highway project. The MUNICIPAL UTILITY agrees to permit audit of said invoices by the DEPARTMENT and by the Federal Highway Administration, if necessary, and to offer prompt support for any item cited for review or be deemed to concur in the item's deletion or correction. The supportable net amount of the invoice verified by audit as being in compliance with the provisions of this Agreement shall be paid by the DEPARTMENT and will be accepted as full compensation for the agreed upon work including all damages, costa and expenses incurred by the MUNICIPAL UTILITY and arising from or necessitated by the work. 5. In connection with the performance of work under this contract, the MUNICIPAL UTILITY. agrees not to discriminate against any employe or applicant for employment because of age, race, religion, color, handicap, sex, physical 'condition, developmental disability as defined in x.51:01(5) Wisconsin Statutes, sexual orientation as defined in s.111.32(13m) Wisconsin Statutes or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, ' layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Except with respect to sexual orientation, the MUNICIPAL UTILITY further agrees to take affirmative action to ensure equal employment opportunities. The MUNICIPAL UTILITY agrees to post in conspicuous places, available for employes and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause. 6. The execution of this Agreement by the D1= PARTMENT shall not relieve the MUNICIPAL UTILITY from compliance with applicable Federal and State laws, Wisconsin Administrative Codes, and local laws or ordinances which may affect the performance of the work covered, and shall not be construed to supersede any other governmental agency requirements for plan approval or authority to undertake the utility alteration work. This Agreement does not supplant any permit required under sections 84.08, 86.07(2), or 86.16, Wisconsin Statutes. No MUNICIPAL UTILITY work affecting highway lands shall be undertaken without any required separate permit, which may be processed and approved concurrently with this Agreement. In accordance with section 84.295(4m)(d), Wisconsin Statutes, any entry upon or occupation of freeway right of way under this Agreement by a Metropolitan Sewerage District acting under section 66.24(5)(b), Wisconsin Statutes, shall be done in a manner acceptable to the DEPARTMENT. 7., The Agreement is not binding upon the parties until this document has been fully executed by the MUNICIPAL UTILITY and the DEPARTMENT. The parties have caused this Agreement to be executed by their proper officers and representatives on the date shown. Wisconsin Department of Transportation CITY OF OSHKOSH (Municipal Utility) (Contract Manager) (Date) (Signature) (Date) (Governor of Wisconsin) (Date) (Title) (Signature) (Date) (Title) (Signature) (Date) RECOMMENDATION TO GOVERNOR W Wisconsin Department.of Transportation FOR CONTRACT AND BOND APPROVAL DT25 2/2005 L Let Proposal Number Project ID(s) O Organization - Division B Bureau 1120 -11 -44 D DOT -DTSD P Project Development Originator Name T Title Randy Knoche 608- 266 -1824 C Contract Manager Contract Amount W WisDOT Confidential Estimate $ 1,140,125.00 $ $ N/A Contract With C Contract Type City of Oshkosh, Sewer ❑ ❑ Let Construction ❑ LFA (State) ❑ ❑ LFA (Local) ❑ Razing ❑ Emergency Construction ❑ C t f n En r -1 D 9 of ❑ Traffic Mitigation ❑ Local C g onstruction ons ruc ro g Oshkosh ❑ Bridge Design ❑ Environmental ❑ Railroads Other: Utility Relocation Project Description /Location STH 26 - Breezewood STH 21 - USH 45 USH 41 Winnebago County Date Let Date Awarded ❑ Bond Required ® Bond Not Required N/A N/A Project Requested By or Purpose Relocation of municipal utility facilities in accordance with Statute 84.295(4m) which requires the State to pay 90% of municipally owned utility facility relocation costs on designated Freeway projects. Work Consists of S6wst Relocation, replacement, adjustment and abandonment of segments of City of Oshkosh water facilities and their appurtenances located in the public way in order to accommodate the reconstruction of USH 41. Consequences - If Not Approved Delay the USH 41 highway improvement project. Contract Authority certify that this contract is financially and programmatically consistent with the approved annual operating budget or facilities program. I further certify that this request for Govemor's approval meets all applicable state and federal statutes, rules, regulations, and guidelines. This certification is based upon a - thorough and complete analysis of this request. X Forward to Department Secretary (Contract Authority) (Date) X Forward to Office of the Governor (Department Secretary / Deputy Secretary) (Date) X Return to Contract Authority (Governor - Approval and Authorization) (Date) AGREEMENT FOR PAYMENT For Relocation or Replacement of Municipal Utility Facilities Located on Public Held Land Required by Freeway Construction Wisconsin Department of Transportation DT1575 11/2005 (Replaces ED871) _s.8 4.295(4m) Wis. Stats. Municipal Utility Name CITY OF OSHKOSH, SEWER Project Description — Include Project ID, Title, Subtitle, Highway, County 1120 -11 -44 USH 41, STH 26 - BREEZEWOOD, STH 21 - USH 45, WINNEBAGO This Agreement is made and entered into by and between 2. A credit shall be given representative of the amount of the Wisconsin Department of Transportation, designated as depreciation accrual, if any, assignable to the facilities - the "DEPARTMENT ", and the above - identified municipal subject to replacement. Such credit shall be calculated utility, designated as the "MUNICIPAL UTILITY", for the in accordance with s.645.117(h)(2) of the Code of payment for the relocation or replacement of certain Federal Regulations, Title 23. The amount of the credit municipal utility facilities on publicly held lands as required shall be based upon the original installed cost, the age by the construction of the freeway project identified above. of the facility and the applicable depreciation rates, but may also consider the average service lives certified by For and in consideration of the acceptable relocation or the regulatory agency having jurisdiction and the replacement of the MUNICIPAL UTILITY facilities presently expected remaining service lives of the existing located on publicly held lands which must be modified to materials. accommodate the construction of the above- identified freeway, the DEPARTMENT will pay an amount equal to 90% of the net cost incurred by the MUNICIPAL UTILITY for the 'actual removal, relocation, alteration or other rearrangement of the MUNICIPAL UTILITY facilities situated on the lands required to restore equivalent function as necessary and in kind, if feasible, of the affected segment of the MUNICIPAL UTILITY facility. The work covered by this Agreement is set forth and made a part of the attached Exhibit. The Exhibit consists of a statement of the work and a proposed schedule for its accomplishment and coordination, if necessary, with the companion highway work, an estimate of costs, plans and special provisions, if any. The work shall be performed under normal MUNICIPAL UTILITY practices and the costs computed and determined in accordance with the work_ order accounting procedure prescribed or approved for the MUNICIPAL UTILITY by the regulatory agency having jurisdiction, including applicable provisions of the Code of Federal Regulations 23, Part 645, Subpart A, Utility Relocations, Adjustments, and Reimbursement. It is further understood that: 1. All salvage shall be :credited 'to the project in the manner prescribed under the MUNICIPAL UTILITY's accounting procedure for work undertaken at the expense and volition of the MUNICIPAL UTILITY. When recovered materials are to be disposed of by sale as scrap, the MUNICIPAL UTILITY shall either have filed with the DEPARTMENT an acceptable statement outlining the MUNICIPAL UTILITY's current standard. practice and procedure for disposal of such material or shall give written notice to the DEPARTMENT of the location and time said recovered materials will be available for inspection. Utility Project ID 1120 -11 -44 3. Work under this Agreement shall not start until the MUNICIPAL UTILITY has received written notice from the DEPARTMENT to proceed with the work. The MUNICIPAL UTILITY shall give prior notice to the appropriate DEPARTMENT Regional Transportation Office when it proposes to commence its construction operations and shall give similar notification when operations are resumed subsequent to suspension of operations. Any significant change in the extent or scope of the work under this Agreement' must be covered by a written change order or any extra work order. It is expressly understood and agreed that any work done by the MUNICIPAL UTILITY prior to authorization by the DEPARTMENT shall be at the MUNICIPAL UTILITY's sole expense. The MUNCIPAL UTILITY shall `not subcontract any portion of the work included under this Agreement without the prior approval of the DEPARTMENT except for work of relatively minor cost or nature. Any existing continuing contract, under which the MUNICIPAL UTILITY now has certain work regularly performed, will be considered to conform to the requirements of this section, provided the contract is submitted for the Regional Director's prior approval. The MUNICIPAL UTILITY shall keep and make available to the DEPARTMENT detailed payrolls for office and field personnel, equipment use records, materials used, and salvage records including the condition and disposition of the removed and salvaged materials, as well as payments to any MUNICIPAL UTILITY subcontractor if the work is performed in that manner. The MUNICIPAL UTILITY agrees to maintain all records of costs incurred that are covered by this Agreement for a period of 3 years from the date of final payment for inspection by the DEPARTMENT and the Federal Highway Administration. Municipal Agreement City of Oshkosh UA No. 307 4. Upon completion of the work contemplated under this Agreement, the MUNICIPAL UTILITY will submit invoices. to the DEPARTMENT setting forth the actual and related indirect cost in substantially the same detail and order indicated in the estimate attached to this Agreement. Each copy of such invoice shall identify the location where the supporting records for the costs included in the billing may be reviewed as well as the name of the MUNICIPAL UTILITY custodian of such records. Invoice shall be submitted within one year of the completion of the companion highway project. The MUNICIPAL UTILITY agrees to permit audit of said invoices by the DEPARTMENT and by the Federal Highway Administration, if necessary, and to offer prompt support for any item cited for review or be deemed to concur in the item's deletion or correction. The supportable net amount of the invoice verified by audit as being in compliance with the provisions of this Agreement shall be paid by the DEPARTMENT and will be accepted as full compensation for the agreed upon work including all damages, costs and expenses incurred by the MUNICIPAL UTILITY and arising from or necessitated by the work. 5. In connection with the performance of work under this contract, the MUNICIPAL UTILITY agrees not to discriminate against any employe or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s.51.01(5) Wisconsin Statutes, sexual orientation as defined in s.111.32(13m) Wisconsin Statutes or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Except with respect to sexual orientation, the MUNICIPAL UTILITY further agrees to take affirmative action to ensure equal employment opportunities. The MUNICIPAL UTILITY agrees to post in conspicuous places, available for employes and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause. 6. The execution of this Agreement by the DEPARTMENT shall not relieve the MUNICIPAL UTILITY from compliance with applicable Federal and State laws, Wisconsin Administrative Codes, and local laws or ordinances which may affect the performance of the work covered, and shall not be construed to supersede any other governmental agency requirements for plan approval or authority to undertake the utility alteration work. This Agreement does not supplant any permit required under sections 84.08, 86:07(2), or 86.16, Wisconsin Statutes. No MUNICIPAL UTILITY work affecting highway lands shall be undertaken without any required separate permit, which may be processed and approved concurrently with this Agreement. In accordance with section 84.295(4m)(d), Wisconsin Statutes, any entry upon or occupation of freeway right of way under this Agreement by a Metropolitan Sewerage District acting under section 66.24(5)(b), Wisconsin Statutes, shall be done in a manner acceptable to the DEPARTMENT. 7. The Agreement is not binding upon the parties until this document has been fully executed by the MUNICIPAL UTILITY and the DEPARTMENT. The parties have caused this Agreement to be executed by their proper officers and representatives on the date shown, Wisconsin Department of Transportation CITY OF OSHKOSH (Contract Manager) (Date) (Governor of Wisconsin) (Date) (Municipal Utility) (Signature) (Date) (Signature) (Date) (Signature) (Date) RECOMMENDATION TO GOVERNOR Wisconsin Department of Transportation FOR CONTRACT<AND BOND APPROVAL DT25 2/2005 Let Proposal Number Project ID(s) Organization - Division Bureau 1120 -11 -45 DOT -DTSD Project Development Originator Name Title Randy Knoche 608 -266 -1824 l Contract Manager Contract Amount WisDOT Confidential Estimate $ 417,620.00 $ N/A Contract With Contract Type City of Oshkosh, Water ❑ Let Construction ❑ LFA (State) ❑ LFA (Local) ❑ Razing ❑ Emergency Construction of ❑ Traffic Mitigation ❑ Local Construction ❑ Construction Eng ❑ Design Eng ❑ Survey Oshkosh ❑ Bridge Design ❑ Environmental ❑ Railroads Other: Utility Relocation Project Description /Location STH 26 Breezewood STH 21 - USH 45 USH 41 Winnebago County Date Let Date Awarded ( LJ Mona Kegwrea l ouuu wvL ncyuucu N/A N/A Project Requested By or Purpose Relocation of municipal utility facilities in accordance with Statute 84.295(4m) which requires the State to pay 90 % of municipally owned utility facility relocation costs on designated Freeway projects. Work Consists of Relocation, replacement, adjustment and abandonment of segments of City of Oshkosh water facilities and their appurtenances located in the public way in order to accommodate the reconstruction of USH 41. Consequences - If Not Approved Delay the USH 41 highway improvement project. Contract Authority I certify that this contract is financially and programmatically consistent with the approved annual operating budget or facilities.program. I further certify that this request for Governor's approval meets all applicable state and federal statutes, rules, regulations, and guidelines. This certification is based upon a thorough and complete analysis of this request. X Forward to Department Secretary (Contract Authority) (Date) X Forward to Office of the Governor (Department Secretary / Deputy Secretary) (Date) X Return to Contract Authority (Governor - Approval and Authorization) (Date) AGREEMENT FOR PAYMENT _.. For Relocation or Replacement of Municipal Utility- Facilities Located on Public Held Land Required by Freeway Construction Wisconsin Department of Transportation DT1575 2/2005 (Replaces ED871 s.84.295 (4m) Wis. Stats. _ Municipal Utility Name CITY OF OSHKOSH, DEPARTMENT OF PUBLIC WORKS - WATER Project Description _ 1120 -11 -45 USN 41, STH 26 - BREEZEWOOD, STH 21 - USH 45, WINNEBAGO This Agreement is made and entered into by and between 2. A credit shall be given representative of the amount of the Wisconsin Department of Transportation, designated as depreciation accrual, if any, assignable to the facilities the "DEPARTMENT', and the above - identified municipal subject to replacement. Such credit shall be calculated utility, designated as the "MUNICIPAL UTILITY ", for the in accordance with s.645.117(h)(2) of the Code of payment for the relocation or replacement of certain Federal Regulations, Title 23. The amount of the credit municipal utility facilities on publicly held lands as required shall be based upon the original installed cost, the age by the construction of the freeway project identified above. of the facility and the applicable depreciation rates, but may also consider the average service lives certified by For and in consideration of the acceptable relocation or the regulatory agency having jurisdiction and the replacement of the MUNICIPAL UTILITY facilities presently expected remaining service lives of the existing located on publicly held lands which must be modified to materials. accommodate the construction of the above - identified freeway, the DEPARTMENT will pay an amount equal to 3. Work under this Agreement shall not start until the 90% of the net cost incurred by the MUNICIPAL UTILITY for MUNICIPAL UTILITY has received written notice from the actual removal, relocation, alteration or other the DEPARTMENT to proceed with the work. The rearrangement of the MUNICIPAL UTILITY facilities situated MUNICIPAL UTILITY shall give prior notice to the on the lands. required to restore equivalent function as appropriate DEPARTMENT District Transportation necessary and in kind, if feasible, of the affected segment of Office when it proposes to commence its construction the MUNICIPAL UTILITY facility. operations and shall give similar notification when operations are resumed subsequent to suspension of The work covered by this Agreement is set forth and made a operations. Any significant change in the extent or part of the attached Exhibit. The Exhibit consists of a scope of the work under this Agreement must be statement of the work and a proposed schedule for its covered by a written change order or any extra work accomplishment and coordination, if necessary, with the order. It is expressly understood and agreed that companion highway work, an estimate of costs, plans and any work done by the MUNICIPAL UTILITY prior to special provisions, if any. authorization by the DEPARTMENT shall be at the MUNICIPAL UTILITY's sole expense. The work shall be performed under normal MUNICIPAL UTILITY practices and the costs computed and determined The MUNCIPAL UTILITY shall `not subcontract any in accordance with the work order accounting procedure portion of the work included under this Agreement prescribed or approved for the MUNICIPAL UTILITY by the without the prior approval %f the DEPARTMENT except regulatory agency having jurisdiction, including applicable for work of relatively minor cost or nature. Any existing provisions of the Code of Federal Regulations 23, Part 645, continuing contract, under which the MUNICIPAL Subpart A - Utility Relocations, Adjustments, and UTILITY now has certain work regularly performed, will Reimbursement. be considered to conform to the requirements of this section, provided the contract is submitted for the It is further understood that: District Director's prior approval 1. All salvage shall be credited to the project in the The MUNICIPAL UTILITY shall keep and make manner prescribed under the MUNICIPAL UTILITY's available to the DEPARTMENT detailed payrolls for accounting procedure for work undertaken at the office and field personnel, equipment use records, expense and volition of the MUNICIPAL UTILITY. materials used, and salvage records including the When recovered materials are to be disposed of by condition and disposition of the removed and salvaged sale as scrap, the MUNICIPAL UTILITY shall either materials, as well as payments to any MUNICIPAL have filed with the DEPARTMENT an acceptable UTILITY subcontractor if the work is performed in that statement outlining the MUNICIPAL UTILITY's current manner. standard practice and procedure for disposal of such material or shall give written notice to the The MUNICIPAL UTILITY agrees to maintain all DEPARTMENT of the location and time said recovered records of costs incurred that are covered by this materials will be available for inspection. Agreement fora period of 3 years from the date of final payment for inspection by the DEPARTMENT and the Federal Highway Administration. Utility Project ID 1120 -11 -45 Municipal Agreement City of Oshkosh Water UA 308 4. Upon completion of the work contemplated under this apprenticeship. Except with respect to sexual Agreement, the MUNICIPAL UTILITY will submit orientation, the MUNICIPAL UTILITY further agrees to invoices to.the DEPARTMENT setting forth the actual -..take affirmative action to ensure equal. employment and related indirect cost in substantially the same detail opportunities. The MUNICIPAL UTILITY agrees to and order indicated in the estimate attached to this post in conspicuous places, available for employes and Agreement. Each copy of such invoice shall identify , applicants for employment, notices to be provided by the location where the supporting records for the costs the contracting officer setting forth the provisions of the included in the billing may be reviewed as well as the nondiscrimination clause. name of the. MUNICIPAL UTILITY custodian of such records. Invoice shall be submitted within one year of 6. The execution of this Agreement by the DEPARTMENT the completion of the companion highway project. shall not relieve the MUNICIPAL UTILITY from compliance with applicable Federal and State laws, The MUNICIPAL UTILITY agrees to permit audit of Wisconsin Administrative Codes, and local laws or said invoices by the DEPARTMENT and by the Federal ordinances which may affect the performance of the Highway Administration, if necessary, and to offer work covered, and shall not be construed to supersede prompt support for any item cited for review or be any other governmental agency requirements for plan deemed to concur in the item's deletion or correction. approval or authority to undertake the utility alteration The supportable net amount of the invoice verified by work. audit as being in compliance with the provisions of this Agreement shall be paid by the DEPARTMENT and will This Agreement does not supplant any permit required be accepted as full compensation for the agreed upon under sections 84.08, 86.07(2), or 86.16, Wisconsin work including all damages, costs and expenses Statutes. No MUNICIPAL UTILITY work affecting incurred by the MUNICIPAL UTILITY and arising from highway.lands shall be undertaken without any required or necessitated by the work. separate permit, which may be processed and approved concurrently with this Agreement. 5. In connection with the performance of work under this contract, the MUNICIPAL UTILITY agrees not to. In accordance with section 84.295(4m)(d), Wisconsin discriminate against any employe or applicant for Statutes, any entry upon or occupation of freeway right employment because of age, race, religion, color, of way under this Agreement by a Metropolitan handicap, sex, physical condition, developmental Sewerage District acting under section 66.24(5)(b), disability as defined in s:51.01(5) Wisconsin Statutes, Wisconsin Statutes, shall be done in a manner sexual orientation as defined in s.111.32(13m) acceptable to the DEPARTMENT. Wisconsin Statutes or national origin. This provision shall include, but not be limited to, the following: 7. The Agreement is not binding upon the parties until this employment, upgrading, demotion, or transfer, document has been fully executed by the MUNICIPAL recruitment or recruitment advertising, layoff or UTILITY and the DEPARTMENT. termination, rates of pay or other forms of compensation, and selection for training, including The parties have caused this Agreement to be executed by their proper officers and. representatives on the date shown. Wisconsin Department of Transportation (Contract Manager) (Date) (Governor of Wisconsin) (Date) (Municipal Utility) (Signature) (Date) (Signature) .(Date) (Title) (Signature) (Date) (Title)