HomeMy WebLinkAbout09-112APRIL 14, 2009 09 -112 RESOLUTION
(CARRIED 6 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE AGREEMENTS WITH WISCONSIN DEPARTMENT
OF TRANSPORTATION FOR UTILITY RELOCATIONS AT
RECONSTRUCTION OF US HIGHWAY 41 (WISCONSIN
DOT REIMBURSEMENT TO CITY)
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
WHEREAS, the City has awarded two contracts (Public Works 09 -03 and Public
Works 09 -05) to relocate City utilities for the expansion of USH 41 and upon review the
Wisconsin Department of Transportation has determined that it will be able to reimburse
portions of these contracts,
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the attached Agreements with Wisconsin Department of Transportation for
Utility Relocations at Reconstruction of US Highway are hereby approved and the proper
City officials are hereby authorized to execute and deliver the agreements 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.
( 0
Of MOM
ON THE WATER
MEMORANDUM
TO: Honorable Mayor and Members of the Common Council
FROM: Steven M. Gohde, Assistant Director of Public Works
DATE: April 8, 2009, 2009
RE: Approve Agreements with Wisconsin Department of Transportation for Utility Relocations
at Reconstruction of US 41.
BACKGROUND
In preparation for the expansion of USH 41 the City has awarded two contracts (09 -03 and 09 -05) to
relocate City utilities in conflict with the USH 41 expansion. The Council previously approved agreements
to fund the City utility relocation at 90% DOT and 10% City. Upon closer review by the DOT there are
three different classifications for the utility relocation. They are: the DOT will fund 90% of the relocation
work for any utilities currently located in a right of way, 100% of the cost if the utility is located in an
easement or the City pays 100% of the costs for any system improvements installed.
These new agreements allow the City to be reimbursed 100% of the actual construction cost to relocate
the existing sanitary sewers located in easements.
ANALYSIS
Engineering staff reviewed the locations and quantities for reimbursement with DOT staff. City staff agree
with the locations and quantities proposed to be compensated at 100 %.
FISCAL IMPACT
The new agreements are for the DOT to reimburse the City up to $379,317.50 of the actual costs related
to relocating the sanitary sewers. Contract 09 -03 can be reimbursed up to $116,205.00 and contract 09-
05 can be reimbursed up to $263,112.50. These agreements reduce the City's share of the Sewer Utility
relocation expenses by $9,342.95.
RECOMMENDATIONS
I recommend approval of the two agreements.
Respectfully Submitted,
l k-e� 7 ziaz-
Steven M. Gohde
Asst. Director of Public Works
Approved:
City Manager
J: \Weekly NewsletterOOT utility Audit agreements.doc
AUDIT AGREEMENT FOR PAYMENT FOR LANDS OR INTERESTS IN
LANDS ACQUIRED FROM PUBLIC UTILITY
Wisconsin Department of Transportation
DT1541 11/2005
This Agreement is made and entered into by and between the Wisconsin Department of Transportation, hereinafter
designated as the "DEPARTMENT," and CITY OF OSHKOSH, a public utility company, a quasi utility or cooperative
hereinafter designated as the "COMPANY," for the payment for certain lands or interests in lands acquired by the Wisconsin
Department of Transportation from the. COMPANY in connection with a Wisconsin transportation improvement designated:
Project: PROJECT 1120- 11 -72, STH 26 - BREEZEWOOD LANE, Utility Project ID: 1120 - 11-62 North
STH 21 - USH 45, USH 41, WINNEBAGO COUNTY Parcel #: 503
Said parcel is included in the DEPARTMENT's Order and map filed with the County Highway Committee and County Clerk as
required by Section 84.09(1), Wisconsin Statutes.
WITNESSETH: For and in consideration of the conveyance by separate instrument to the State of Wisconsin of certain
lands or interests or rights in said lands in which the COMPANY holds a real property interest, the DEPARTMENT will pay to
the COMPANY an amount equal to the net cost incurred by the COMPANY for the actual removal, relocation, alteration, or
other rearrangement of the COMPANY facilities situated on the said lands required to restore equivalent function as
necessary, in kind if feasible, of the affected segment of COMPANY facility.
The work covered by the Agreement is set forth in the Exhibit hereto attached and made a part hereof. The Exhibit
consists of a statement of the work and a proposed schedule for its accomplishment and coordination if necessary with the
companion transportation work, an estimate of costs, plans and special provisions, if any.
The work shall be performed under normal COMPANY practices and the costs thereof computed and determined in
accordance with the work order accounting procedure prescribed or approved for the COMPANY 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, however, that
1. All salvage shall be credited to the project in the manner prescribed under the COMPANY's accounting procedure for
work undertaken at the expense and volition of the COMPANY. When recovered materials are to be disposed of by sale
or as scrap, the COMPANY shall either have filed with the DEPARTMENT an acceptable statement outlining the
COMPANY'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 for all facilities covered by the Code of Federal Regulations 23, Section
645.117(h). 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 average 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 COMPANY has received written notice from the DEPARTMENT to
proceed with the work. The COMPANY shall give prior notice to the appropriate Regional Transportation Office of the
DEPARTMENT 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 an extra work order. It is expressly
understood and agreed that any work by the COMPANY prior to authorization by the DEPARTMENT shall be at
the COMPANY's sole expense.
The COMPANY 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
COMPANY now has certain work regularly performed, will be considered to conform to the requirements of this section,
provided the contract is submitted for the DEPARTMENT's prior approval.
The COMPANY 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 utility subcontractor if the work is performed in that manner.
4. Upon completion of the work contemplated under this Agreement, the COMPANY 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 COMPANY custodian of such records.
Invoices shall be submitted within one year of the completion of the companion highway construction project.
The COMPANY 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
deletion or correction thereof. 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 rights
or interests in the lands conveyed, including all damages, costs and expenses incurred by the COMPANY and arising
from or necessitated by the said conveyance.
5. In Connection with the performance of work under this contract, the COMPANY agrees not to discriminate against any
employee 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 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
COMPANY further agrees to take affirmative action to ensure equal employment opportunities. The COMPANY agrees
to post in conspicuous 'places, available for employees 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 COMPANY 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 herein, 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 Section 84.08, 86. 07(2), or 86.16, Wisconsin Statutes. No
COMPANY work affecting highway lands shall be undertaken without any rquired separate permit, which may be
processed and approved concunrently with this Agreement.
7. It is further agreed that any legal action taken by the COMPANY because of dispute arising through this transaction shall
be for monetary considerations only, and shall not be for the revocation of the conveyance for the lands or rights or
interests therein.
8. The Agreement is not binding upon the parties hereto until this document has been fully executed by the COMPANY and
the DEPARTMENT.
IN WITNESS, the parties have caused this Agreement to be executed by their proper officers and representatives on the
year and the day below written.
WISCONSIN DEPARTMENT OF TRANSPORTATION
(Division Administrator)
(Company)
(Signature) (Date)
(Title)
(Signature) (Date)
(Date)
(Title)
AUDIT AGREEMENT FOR PAYMENT FOR LANDS OR INTERESTS IN
LANDS ACQUIRED FROM PUBLIC UTILITY
Wisconsin Department of Transportation
DTI 541 11/2005
This. Agreement is made and entered into by and between the Wisconsin Department of Transportation, hereinafter
designated as the "DEPARTMENT," and CITY OF OSHKOSH, a public utility company, a quasi utility or cooperative
hereinafter designated as the "COMPANY," for the payment for certain lands or interests in lands acquired by the Wisconsin
Department of Transportation from the COMPANY in connection with a Wisconsin transportation improvement designated:
.Project: PROJECT 1120- 11 -71, STH 26 - BREEZEWOOD LANE, Utility Project ID: 1120 -11-61 South
STH 21 - USH 45, USH 41, WINNEBAGO COUNTY Parcel #: 403 -
Said parcel is included in the DEPARTMENT's Order and map filed with the County Highway Committee and County Clerk as
required by Section 84.09(1), Wisconsin Statutes.
WITNESSETH: For and in consideration of the conveyance by separate instrument - to the State of Wisconsin of certain
lands or interests or rights in said lands in'which the COMPANY holds a real property interest, the DEPARTMENT will pay to
the COMPANY an amount equal to the net cost incurred by the COMPANY for the actual removal, relocation, alteration, or
other rearrangement of the COMPANY facilities situated on the said lands required to restore equivalent function as
necessary, in kind if feasible, of the affected segment of COMPANY facility.
The work covered by the Agreement is set forth in the Exhibit hereto attached and made a part hereof. The Exhibit
consists of a statement of the work and a proposed schedule for its accomplishment and coordination if necessary with the
companion transportation work, an estimate of costs, plans and special provisions,' if any.
The work shall be performed under normal COMPANY practices and the costs thereof computed and determined in
accordance with the work order accounting procedure prescribed or approved for the COMPANY 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, however, that:
1. All salvage shall be credited to the project in the manner prescribed under the COMPANY's accounting procedure for
work undertaken at the expense and volition of the COMPANY. When recovered materials are to be disposed of by sale
or as scrap, the COMPANY shall either have filed with the DEPARTMENT an acceptable statement outlining the
COMPANY'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 for all facilities covered by the Code of Federal Regulations 23, Section
645.117(h). 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 average 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 COMPANY has received written notice from the DEPARTMENT to
proceed with the work. The COMPANY shall give prior notice to the appropriate Regional Transportation Office of the
DEPARTMENT 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 an extra work order. It is expressly
understood and agreed that any work by the COMPANY prior to authorization by the DEPARTMENT shall be at
the COMPANY's sole expense.
The COMPANY 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
COMPANY now has certain work regularly performed, will be considered to conform to the requirements of this section,
provided the contract is submitted for the DEPARTMENTs prior approval.
The COMPANY 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 utility subcontractor if the work is performed in that manner.
4. Upon completion of the work contemplated under this Agreement, the COMPANY 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 COMPANY custodian of such records.
Invoices shall be submitted within one year of the completion of the companion highway construction project.
The COMPANY 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
deletion or correction thereof. 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 rights
or interests in the lands conveyed, including all damages, costs and expenses incurred by the COMPANY and arising
from or necessitated by the said conveyance.
5. In .Connection with the performance of work under this contract, the COMPANY agrees not to discriminate against any
employee 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 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
COMPANY further agrees to take affirmative action to ensure equal employment opportunities. The COMPANY agrees
to post in conspicuous places, available for employees 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 COMPANY 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 herein, 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 Section 84.08, 86.07(2), or 86.16, Wisconsin Statutes. No
COMPANY work affecting highway lands shall be undertaken without any required separate permit, which may be
processed and approved concurrently with this Agreement.
7. It is further agreed that any legal action taken by the COMPANY because of dispute arising through this transaction shall
be for monetary considerations only, and shall. not be for the revocation of the conveyance for the lands or rights or
interests therein.
8. The Agreement is not binding upon the parties hereto until this document has been fully executed by the COMPANY and
the DEPARTMENT.
IN WITNESS, the parties have caused this Agreement to be executed by their proper officers and representatives on the
year and the day below written.
WISCONSIN DEPARTMENT OF TRANSPORTATION ' ( Company)
(Division Administrator)
(Date)
(Signature) (Date)
(Title)
(Signature) (Date)
(Title)
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