Madison, WI Header
Share to Facebook Share to Twitter Bookmark and Share
File #: 69902    Version: 1 Name: Authorizing the City Engineer to obtain a Permit from the Wisconsin Department of Transportation for construction along the Ohio Ave and Talmadge St Railroad Corridor, and authorizing the indemnification of the Wisconsin Department of Transportation, the
Type: Resolution Status: Passed
File created: 2/11/2022 In control: Engineering Division
On agenda: 3/29/2022 Final action: 3/29/2022
Enactment date: 4/4/2022 Enactment #: RES-22-00196
Title: Authorizing the City Engineer to obtain a Permit from the Wisconsin Department of Transportation for construction along the Ohio Ave and Talmadge St Railroad Corridor, and authorizing the indemnification of the Wisconsin Department of Transportation, the Wisconsin River Rail Transit Commission, the Wisconsin & Southern Railroad, L.L.C., and WATCO Companies, L.L.C. (15th AD)
Sponsors: Grant Foster
Fiscal Note
No appropriation required.
Title
Authorizing the City Engineer to obtain a Permit from the Wisconsin Department of Transportation for construction along the Ohio Ave and Talmadge St Railroad Corridor, and authorizing the indemnification of the Wisconsin Department of Transportation, the Wisconsin River Rail Transit Commission, the Wisconsin & Southern Railroad, L.L.C., and WATCO Companies, L.L.C. (15th AD)
Body
The City of Madison has both sanitary and storm sewer utilities throughout the rail corridor running along the cul-de-sacs of Ohio Ave and Talmadge St. Some of these facilities require removal and replacement as part of the St Paul Ave, Ohio Ave, Talmadge St, Jackson St, and Lafollette Ave Assessment District - 2022 reconstruction project.

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., and WATCO Companies, L.L.C. 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 for the construction and maintenance of public utilities on railroad ...

Click here for full text