HomeMy WebLinkAbout10-18JANUARY 26, 2010 10 -18 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVAL OF AGREEMENT WITH WISCONSIN
DEPARTMENT OF TRANSPORTATION FOR UTILITY
RELOCATIONS REQUIRED FOR RECONSTRUCTION
OF US HWY 41: 9TH AVENUE (Total Cost: $43,069.56
— City Share: $4,306.96)
INITIATED BY: PUBLIC WORKS DEPARTMENT
BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached
Revised Agreement with Wisconsin Department of Transportation for utility relocations
required for reconstruction of US Hwy 41 / 9th Avenue with a cost to the City of Oshkosh
of $4,306.96 is 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:
Account No. 315 - 0410 - 7480 -00000 Street Improvement Fund Expenditures
( 0
OHKOH ��
ON THE WATER MEMORANDUM
TO: Honorable Mayor and Members of the Common Council
FROM: Steven M. Gohde, Assistant Director of Public Works
DATE: January 21, 2010
RE: Approve of Agreement with Wisconsin Department of Transportation for Utility
Relocations Required for Reconstruction of US Highway 41: 9 Avenue
BACKGROUND
The Wisconsin Department of Transportation (DOT) is planning to reconstruct USH 41 from State
Highway 26 to Breezewood Lane in Neenah beginning in 2009. USH 41 has reached its capacity and
will be expanded to meet the public needs and improve safety. The construction addressed in this
agreement covers relocation of a City owned telecommunication line.
ANALYSIS
The DOT will be replacing the 9 Avenue Bridge over USH 41 as part of the overall USH 41 project. The
new bridge conflicts with the existing telecommunication line. The agreement allows for the City to be
reimbursed for 90% of the cost to relocate the existing utility.
FISCAL IMPACT
This work was not included in the Capital Improvement Program (CIP) Budget. The total agreement
amount is $43,069.56. The DOT will reimburse the City $38,762.60. The cost to the City for items will be
$4,306.96.
RECOMMENDATIONS
recommend approval of the Utility Relocation Agreement
Respectfully Submitted,
4 /11;;P�
Steven M. Gohde
Asst. Director of Public Works
Approved:
Mark A. Rohloff
City Manager
l:\Engincering \Correspondence \Steve Gohde\council memos \9th communication.doc
.��S Division of Transportation Jim Doyle, Governor
System Development FDEP IVED Frank J. Busalacchi, Secretary
Northeast Regional Office Internet web site: www.dot.wisconsin.gov
944 Vanderperren Way OC ran
oF� PO Box 28080 2009 Telephone: (920) 492 -5643
Green Bay, WI 54324 -0080 Teletypewriter (TTY): (920) 492 -5673
IC WORKS Facsimile (FAX): (920 ) 492 -5640
SCONSIN E -mail: greenbay.dtd(&dot.state.wi.us
October 23, 2009
DAVID PATEK
CITY OF OSHKOSH
PO BOX 1130
OSHKOSH, WI 54903
Project I.D. 1120 -10 -71
STH 26 — BREEZEWOOD LANE
STH26 —STH21
USH 41
WINNEBAGO COUNTY
Enclosed is the Form DT1575, Agreement for Payment for Relocation or Replacement of Municipal Utility Facilities
Located on Public Held Land Required by Freeway Construction, for the above project for your Communication Cable.
Please sign and return this document to the Department. The amount that the Department is agreeing to is $38,762.60, which
represents our 90% share of the agreement. The total estimate cost is listed as $43,069.56.
If there are any additional questions regarding this project, please contact me at (920) 4924101.
The letting date for this project is December 8, 2009.
Bruce C. Rayden
Northeast Region
Utility Coordinator
Enc.
♦ Dedicated people creating transportation solutions through innovation and exceptional service.
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 6/2008 s.84.295(4m) Wis. Stats.
Municipal Utility Name
CITY OF OSHKOSH
Project Description — Include Project ID, Title, Limits, Highway, County
PROJECT 1120- 10 -71, STH 26 - BREEZEWOOD LANE, STH 26 - STH 21, USH 41, WINNEBAGO
COUNTY
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- identiflied
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.
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.
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 -48 Municipal Agreement CITY OF OSHKOSH
UA No. 303
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