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Home My WebLink About34089 / 86-290' R E V I S E D September 18, 1986 #290 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE AGREEMENT WITH WISCONSIN PUBLIC SERVICE CORP. INITIATED BY: DEPARTMENT OF PUBLIC WORKS BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached agreement with Wisconsin Public Service Corp. regardinq the moving of facilities at an estimated cost of $8166.00 is hereby approved. BE IT FURTHER RESOLVED that money for this purpose is hereby appropriated from: Account No. 778-999 -- T.I.F. #3,S.W. - 15 - SUBMITTED BY ��.7.c � , ��°�— �FPR.^.F`F.D __ _ __ RESOLUTION # 290 LUMP SUM AGREEMENT FOR PRYMENT FOR LRNDS OR INTERESTS IN LRNDS HCQUIRED FROM PUBLIC UTILITV This Rgreement is made and entered into by and 6etween the City of Oshkosh; hereinafter designated as tbe "City"� and Wisconsin Public Servite Corp.� a public utility company� a quasi utility or cooperative hereinafter designatetl as the "Company"� to provide for the lump sum payment in the amount of 58,166.00 for lands or interests in lands 6eing acquired from the Company in connection aith e highway improvement designatede Project and Parcel� Universal Street Paving Parcel No. 1 Said parcel is inclutled in the City's Order and map filed with the County Clerk as required by Wisconsin Statutes. WITNESSETH: WHEREH5 the Company now has faCilities locateq on the aforesaid parcel lands� and the Department has requesteq the Company to remove� relocate� rehuiltl or otherwise rearrange said 4acilities in ortler that these lantls may be vacated to the extent required {or the designated highway improvement� and NOW� THEftEFORE� it is mutually agreetl as fallows: 1. The Company wi]1 tonvey to the City. by SeAarate instrument� the parcel identified above. 2 The Company agrees to remove� relocate� rearrange or re6uild its facilities sitUatetl on saitl parce3 as requiretl by the City to construct and qperate the above-descrihed highway improvement. The work necessary for this purpose is indicated in the Exhibit attached hereto anq matle a part hereof. The Exhi6it consists of a statement of the work and proposed 5chetlule for its accomplishment� the estimate of cost. plans and special provizions� if any, The Hork shall be performed under normal Company practices antl the costs thereof computed and determined in ac�ordance wikh the work order accounting procedure prescri6ed or approved for the Company by the requlatory agency having jurisdiction� including applicable provieion of the Federal-Rid Highway Program Manual� Volume 1� Chapter 4� Section 4� daied �une 29� 1973 (PPM 3G-4)� of the United States Oepartment of Transportation� Federal High- way qdministration� the supplements thereto, revisions or modi- fications thereof issued and in effect prior to the e�acution of this Agreement. CretlSts far anticipated salvage and accrued depreciation, if any, have been providetl in the same amount antl [omputed in the same manner as if the work were being undertaken at the expense and volition of the Company. 3- lhc City agrees to paY to the Company ihe lump aum amount indicated above after the parcel has been conveyed to it antl after the adjustment o4 the Company's {acilities presently situated thereon has been satisfactorily [ompletetl. Payment of such lump sum amount 6y the City to the Company shall constitute full and fznal campensation for the parcel conveyed� including all qamages� costs and expense� incurred 6y the Company and arising from or necessitated by the comeyance. pny legal action taken hy the Campany because of dispute arising through this transaction shall 6e for monetary considerations only, antl shall not be for the revocation of the conveyed parcel. 4. In connection with the performance of work under Yhe Agree- ment, the Company agrees not to discriminate against any employee or applicant for employment because oi age� race� religion� color, handicap, sex� physical co�dition� developmental disability ae defined in s. 51.01(5) Wisconsin Statutes, sexual orientation as definetl in s. 111.32(13m) Wisconsin Statutes or - 15a - RESOLUTION # 290 national origin. This provieion shall include� but not 6e limited to� the folloaing: employment, upgrading. demotion� or transferq recruitment or recruitment advertisingq layoff or ter- minationq rates of pay or other forms of compensation5 and seleCtion for training� including apprenticeship. Except with respect to sexual orientation� the Company further aqrees to take affirmative action to ensure equal employment opportunitiea. The Company agrees to post in conspicuous places� availa6le for employees and applicants for employment. notices to be providetl by the contracting officer setting forth the provisions of the no�discrimi�ation clause. 5. The execution of this Agreement by the City shall not relieve the Company from compliance with applicable Federal and 5tate laws, Wisconsin Rdministrative Codes, and local laws or ordinances which may af{ect the performance o{ the worY, covered herein� and shall not 6e construetl to supersede any other governmental agency �equirements for pla� approval or authority [o undertake the utility alteration Hork. This agreement does not supplant any permit required under Section 84.08� 86.C7(2). ar 80.i6� wisconsin Siatutes. No Company work a{{ecting highway lands ehall Ce Undertaken without any required separate permit. Hhich may be processed and approved concurren[ly with this qgreement. b. The Agreement is not binding upon the parties hereto until this tlocument has been fully executed by the Company and the City. IN WITNESS WHEREOF tfie parties have caused this Agreement to qe executed 6y their proper officers and representatives on the year and the day below uritten. City of Oshkosh ___Wisconsin Public Seryice Core__ HY_____ _________ ______________ _____________ __'___ W. Frueh. Manaqer lSignature) (Date) ________ ______ _____ 0. Serwas. Clerk (Ti (Sig�aturel �Oatel tTitle) - 15b - RESOLUTION # 290 � C ; � � �` ` WISCONSIN PUBLIC SERVICE CORPORATION September 10, 1986 Mr. Gerald Konrad Director of Public Works 215 Church Avenue Oshkosh, WI 54901 Dear Mr. Konrad: iversal Street Pavinq Project I wish to present several items re}�ative to the subject paving project so that we can take immediate steps to move our facilities. 1. The cost of moving one (1) electric distributian pole (1816-33W8) approximately 14 feet south of its present location is estimated to be $574.86. It would remain on the present centerline within the new street's right-of-way. 2. The cost of moving one (1) transmission line structure (#147) 65 feet north of its present location is estimated to be $7591.00. 3. Structure #146 of our transmission line will not be moved but you ' are herewith notified that the west pole will be on street right- of-way. If, in the future, we are required to move it off of street right-of-way the cost of its relocation will be billed to the City of Oshkosh. Would you send a letter of authorization for our commencing the work of moving facilities at an estimated cost of b8166.00. Actual costs would be billed upon completion of the work. Normally a Conveyance of Rights in Land by Public Utility is used to clear any clouds in title to the land being used for street purposes. Also, it is normal to use a lump sum contract for estimated costs under $25,000.00. In this instance we are not using ei�her and I would like to. Attached are copies of each for your review. If you agree to their use submit one of each with some project identification and I'll see that they are executed. � Ver�,y trcy�y yours, R. C. Buttke Real Estate Supervisor plv Enc. �00 North Adams • P.O. Box 19002 • Green Bay, WI 54307-9002 - lsc - -�°��--'_:t � � n o h c c �o � -1 �• Q rr � rr �.. .��.� �o .-� o • .-• o � m z �+ c� � Q o •• � (D (D • • (n N � � a o��D n o .-� < n � � � o ro �-•�n � rov �nn� v,� rom i � � n 3 W V C O fD Qi � � � 7 �� fi < O � � � � a �n `+ c+ ry .'• � .� O 7 i O � F'. Y3 v> •o n < < O lD N � � �• 7 � � � a N � O � �:_ � :,i P/�