Fiscal Note
No appropriation is required.
Title
Authorizing the City Engineer to obtain a Permit from the Wisconsin Department of Transportation and pertinent Railroad Company(ies) for construction along the Railroad Corridor located at 1890 E. Johnson St and 1894 E. Johnson St, and authorizing the indemnification of the Wisconsin Department of Transportation, the Wisconsin River Rail Transit Commission, the Wisconsin & Southern Railroad, L.L.C., WATCO Companies, L.L.C, Canadian Pacific Railway, and SOO Line Railroad Co. (District 12)
Body
Authorizing the City Engineer to obtain a Permit from the Wisconsin Department of Transportation and pertinent Railroad company(ies) for construction along the Railroad Corridor located at 1890 E. Johnson St and 1894 E. Johnson St, and authorizing the indemnification of the Wisconsin Department of Transportation, the Wisconsin River Rail Transit Commission, the Wisconsin & Southern Railroad, L.L.C., WATCO Companies, L.L.C, Canadian Pacific Railway, and SOO Line Railroad Co.
The City of Madison has sanitary sewer utilities located within properties and railway corridors of Wisconsin Department of Transportation and Canadian Pacific Railway. These sewer utilities have been found to be in poor condition and in need of replacement.
The Permit to Construct, Operate, and Maintain Utility Facilities on Wisconsin Department of Transportation Railroad Property requires indemnification of the Wisconsin Department of Transportation, the Wisconsin River Rail Transit Commission, the Wisconsin & Southern Railroad, L.L.C., WATCO Companies, L.L.C, Canadian Pacific Railway, and SOO Line Railroad Co. 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.
As construction and maintenance is ongoing and occasionally of an urgent and critical nature, this resolution allows the City Engineer to apply for and sign these permits, provided they are reviewed and approved by the City Attorney and insurance is bound through the City Risk Manager.
NOW THEREFORE BE IT RESOLVED that the City Engineer is hereby authorized to apply for and execute permits on behalf of the City with the Wisconsin Department of Transportation and pertinent Railroad Company(ies) for the construction and maintenance of public utilities on railroad property in the Railroad Corridor located at 1890 E. Johnson St and 1894 E. Johnson St, in a format approved by the City Attorney and the Risk Manager; and,
BE IT FURTHER RESOLVED that the Mayor and Common Council hereby approves of the indemnification of the Wisconsin Department of Transportation Railroad Property requires indemnification of the Wisconsin Department of Transportation, the Wisconsin River Rail Transit Commission, the Wisconsin & Southern Railroad, L.L.C., WATCO Companies, L.L.C, Canadian Pacific Railway, and SOO Line Railroad Co.