Fiscal Note
The proposed resolution approves plans and specifications and authorizes the Board of Public Works to advertise and receive bids for the Old Middleton Road Underpass of WSOR Railroad. The total estimated cost of the project is $1,500,000. Funding is available in Munis #11959. No additional appropriation is required.
Title
Approving plans and specifications and authorizing the Board of Public Works to advertise and receive bids for Old Middleton Road Underpass of WSOR Railroad. (District 11, District 19)
Body
The City is proposing to construct a multiuse path and underpass of the railroad near Craig Ave & Old Middleton Rd. The Permit to Construct, Operate, and Maintain Facilities on Wisconsin Department of Transportation Railroad Property requires indemnification of the Wisconsin Department of Transportation, the Wisconsin River Rail Transit Commission and its member counties, the Wisconsin & Southern Railroad, L.L.C. and WATCO Companies. APM 1-1 allows the City to indemnify other parties with Common Council approval. The indemnification language has been reviewed by the City Attorney and the City’s Risk Manager. While the City’s risk exposure is increased by the indemnification clause contained in the permit, the exposure is covered by the City’s insurance policies, subject to their terms and conditions.
BE IT RESOLVED,
1) That the plans and specifications for Old Middleton Road Underpass of WSOR Railroad
be and are hereby approved.
2) That the Board of Public Works be and is hereby authorized to advertise and
receive bids for said project.
3) That the Mayor and City Clerk are hereby authorized to sign and grant easements or right-of-way release or procurement documents, maintenance agreements or encroachment agreement, as necessary and grant or accept dedication of lands and/or easements from/to the Developer/Owner for public improvements located outside of existing public fee title or easement right-of-ways.
4) That the Common Council of the City of Madison, does hereby determine that it is necessary to acquire and/or amend real estate interests, Permanent and Temporary Limited Easements, for the construction and maintenance of the public bike and pedestrian path improvements associated with Engineering Division Project Number 11959 - Old Middleton Underpass from properties within or adjacent to the project limits.
5) The Office of Real Estate Services of the Economic Development Division and the City Attorney are hereby authorized to proceed by negotiation to acquire the real estate interests required for the construction and maintenance of the proposed project. Also, the
Office Real Estate Services is further authorized to compensate grantors of the property and property rights, and obtain title reports, appraisals, survey information, environmental site assessment reports, and any other essential material or reports as may be necessary to perform due diligence in accomplishing the acquisitions and shall administer the acquisitions of the interests by Real Estate Master Project No. 13417.
6) That the Mayor and City Clerk are hereby authorized to sign all necessary documents to accomplish the said acquisitions of the necessary real estate interests.
7) The City Engineer is hereby authorized to apply for and execute permits and stipulations on behalf of the City with the Wisconsin Department of Transportation and pertinent Railroad Company(ies) for the construction and maintenance of public path
on railroad property in the Railroad Corridor located near Craig Avenue, in a format approved by the City Attorney and the Risk Manager; and,
8) The Mayor and Common Council hereby approves of the indemnification of the Wisconsin Department of Transportation, the Wisconsin River Rail Transit Commission and its member counties, the Wisconsin & Southern Railroad, L.L.C., and WATCO Companies.