HomeMy WebLinkAbout10-44FEBRUARY 9, 2010 10 -44 RESOLUTION
(CARRIED 6 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVAL OF AGREEMENT WITH WISCONSIN DEPARTMENT
OF TRANSPORTATION FOR UTILITY RELOCATOINS REQUIRED
FOR RECONSTRUCTION OF USH 41: 9TH AVENUE WATERMAIN
(Total Cost - $537,851.00, City Share - $53,785.10)
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached
Agreement for Payment For Relocation or Replacement of Municipal Utility Facilities
Located on Public Held Land Required by Freeway between the Wisconsin Department of
Transportation and the City of Oshkosh for utility relocations required for reconstruction of
USH 41: 9th Avenue watermain with a cost to the City of Oshkosh of $53,785.10 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:
Acct. No. 541 - 1841 - 1799 -00000 Water Utility Construction Work in Progress
( 0
HKO H A
ON THE WATER MEMORANDUM
TO: Honorable Mayor and Members of the Common Council
FROM: Steven M. Gohde, Assistant Director of Public Works
DATE: February 4, 2010
RE: Approve of Agreement with Wisconsin Department of Transportation for Utility
Relocations Required for Reconstruction of US Highway 41: 9 Avenue Watermain (Total
Cost $537,851.00, City Share $53,785.10)
BACKGROUND
The Wisconsin Department of Transportation (DOT) is planning to reconstruct USH 41 from State
Highway 26 to Breezewood Lane in Neenah. 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 the City's watermain crossing of USH 41 near 9 Ave.
ANALYSIS
The DOT will be replacing the 9 Avenue Bridge over USH 41 as part of the overall USH 41 project. The
new bridge and ramps conflict with the existing watermain crossing. The agreement allows for the City to
be reimbursed for 90% of the cost to relocate the existing watermain. The City will pay for the costs of
betterment to increase the size of the watermain crossing from 12" to 16 ".
FISCAL IMPACT
This work is included in the 2010 Capital Improvement Program (CIP) Budget. The total agreement
amount is $537,851.00. The DOT will reimburse the City $484,065.90. The cost to the City will be
$53,785.10.
RECOMMENDATIONS
I recommend approval of the Utility Relocation Agreement.
Respectfully Submitted,
Steven M. Gohde
Asst. Director of Public Works
Approved:
,, � ,O, )!!. 0 "��
Mark A. Rohloff
City Manager
I:\ Engineering \Correspondence \Steve Gohde\council memos \9th watermain DOT agreement.doc
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 - WATER (NINTH AVENUE)
Project Description — Include Project ID, Title, Limits, Highway, County
PROJECT 1120- 10 -72, STH 26 - BREEZEWOOD LANE, STH 26 - STH 21, USH 41, WINNEBAGO
COUNTY
This Agreement is made and entered into by and between 2.
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:
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 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- 10- 46Municipal Agreement CITY OF OSHKOSH - WATER (9 AVENUE)
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 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
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.
UA No. 301
Page 1 of 3
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
(Municipal Utility)
(Contract Manager) (Date)
(Governor of Wisconsin) (Date)
(Signature) (Date)
(Title)
(Signature) (Date)
(Title)
(Signature) (Date)
(Title)
utility Project ID 1120- 10- 46Municipal Agreement CITY OF OSHKOSH - WATER (9TM AVENUE)
UA No. 301
Page 2 of 3