Number
040409
Version
Substitute 1
Reference
031204, 031205
Sponsor
The Chair
Title
Substitute resolution authorizing the proper City officials to revise/amend previously executed Utility Agreements with the State of Wisconsin, Department of Transportation (WISDOT) for work on City of Milwaukee facilities in conjunction with the Marquette Interchange Clybourn Avenue and North Leg contracts.
Analysis
This resolution authorizes proper City officials to revise/amend previously approved and executed Utility Agreements entitled, "Agreement for Payment for Relocation or Replacement of Municipal Utility Facilities Located On Public Held Land Required by Freeway Construction; Conveyance of Rights in Lands; and Audit Agreement for Payment for Lands or Interests in Lands Acquired from Public Utility" one each for Milwaukee Water Works, Environmental Engineering, and Communications and Electrical Services. These agreements all relate to Utility work on City facilities necessitated by the rehabilitation of the Marquette Interchange project being undertaken by the Wisconsin Department of Transportation in the 2004 through 2008 timeframe. These agreements provide generally for payment of 90% of the costs of all work on City facilities necessitated by the Freeway rehabilitation project in accord with Wisconsin State Statute SS84.295(4m). This resolution also authorizes the Commissioner of Public Works to prepare and/or review plans and estimates for the Marquette Interchange utility work necessary to accomplish the project. This resolution also authorizes the Comptroller to establish accounts as necessary to track the work and to make periodic payments to the State for work undertaken on this project as approved by the City Engineer.
Body
Whereas, Utility Agreements were executed by the State of Wisconsin Department of Transportation (WISDOT) and the City of Milwaukee for work on City of Milwaukee facilities in conjunction with the Marquette Interchange Clybourn Avenue and North Leg contracts in accordance with Common Council Resolution File Numbers 031204 and 031205 respectively, adopted on January 21, 2004; and
Whereas, The WISDOT has presented the City of Milwaukee with new estimates reflecting the costs for the necessary work on City of Milwaukee facilities in conjunction with the Marquette Interchange Clybourn Avenue and North Leg contracts; and
Whereas, A revision/amendment to the previously approved and executed Utility Agreement is necessary in order to reflect the new estimates presented to the City by the Wisconsin Department of Transportation; and.
Whereas, The WISDOT has scheduled the rehabilitation of the Marquette Interchange (MQI) in the Central Business District of the City of Milwaukee (CBD); and
Whereas, The Department of Public Works (DPW) has worked with the WISDOT over the past 3 years in planning the design and construction phasing of the project to best meet the needs of the citizens of the City of Milwaukee (CITY) and of the region as a whole; and
Whereas, Work on the MQI has been phased in 5 major contracts, being the Clybourn Advance Contract (CLAC), North Leg Contract (NL), West Leg Contract (WL), South Leg Contract (SL) and the Core Contract (CORE); and
Whereas, There will be substantial work required on CITY utilities as a result of the design and construction associated with these MQI contracts; and
Whereas, Wisconsin State Statutes, SS 84.295(4m) indicates that the WISDOT will pay 90% of the cost of alteration, rehabilitation and relocation of Municipal utilities with the responsible jurisdiction liable for the remaining 10% of the cost; and
Whereas, It has been estimated that for the MQI project, a total of approximately $12 to $14 million dollars in City utility alterations will be necessary over the 4 plus year long construction time frame; and
Whereas, It has been estimated that for the CLAC, the cost of utility alterations for Water, Sewer, Conduit and Cable facilities will be $494389.59, $76,606.38, $305,000 and $298,176.58, respectively with the City 10% share being $49,438.95 for Water, $7,660.64 for Sewer, $30,500 for Conduit and $29,817.66 for Cable facilities; and
Whereas, It has been estimated that for the North Leg, the cost of utility alterations for Water, Sewer, Conduit and Cable facilities will be $1,447,395.09, $7,065,307, $476,000 and $809,956.74, respectively with the City 10% Share being $144,739.51 for Water, $706,330.76 for Sewer, $47,600 for Conduit and $80,995.67 for Cable facilities; and, be it
Resolved, By the Common Council of the City of Milwaukee, that the Commissioner of Public Works is hereby authorized and directed to revise the executed Utility Agreements to reflect the correct amounts as shown above with the WISDOT for work on City of Milwaukee facilities in conjunction with the Marquette Interchange CLAC and North Leg contracts, attached to this resolution by reference as though set forth in full; and, be it
Further Resolved, That the Commissioner of Public Works is hereby authorized and directed to review and/or prepare plans as necessary to accomplish the required utility alterations associated with the MQI NL and CLAC Contracts and is authorized to allow the WISDOT to include City utility work in the NL and CLAC and/or award contracts for CITY utility work associated with the NL and CLAC and/or have the necessary utility work associated with the NL and CLAC accomplished by City forces, whichever is deemed to be in the best interest of the City and MQI project; and, be it
Further Resolved, That the funding to cover the 10% CITY cost of the MQI CLAC and NL Contracts utility alterations for Water, Sewer, Conduit and Cable facilities estimated to be $194,178.46, $714,191.40, $78,100, and $110,813.33 respectively, are and/or will be placed in DPW Departmental Accounts as part of the City Budget process in budget years as necessary to accommodate the projects scheduling and the Local Accounts Receivable (LAR) billings; and be it
Further Resolved, That the City Comptroller is hereby authorized and directed to create within the Capital Improvement Fund, Grant and Aid Projects, the necessary Project/Grant Chartfield Values for engineering and construction for he projects (expenditure) and transfer to any of these accounts the amounts required under the grant agreement and City Accounting Policy but not to exceed a 10 percent increase of the total amounts reserved for the grantor's share and local share or $5,000, whichever is greater, as follows:
Infrastructure Services Division Accounts
Sewer Account Number
SM495050000
Fund 0491
$714,191.40
Transportation Street Conduit Account Number
ST28004000
Fund 0333
$78,100
Grantor Share Account Number
SP032040100
Fund 0306
$702,900
Water Works Department Account Number
WT410040000
Fund 0420
$194,178.46
DPW Administration Services Account Number
ST270040700
Fund 0333
$110,813.33
Grantor Share Account Number
SP032040100
Fund 0306
$997,319.99
; and, be it
Further Resolved, That the City Engineer is hereby authorized and directed to make periodic payments as necessary to accommodate the work required for the MQI CLAC and NL Contracts utility alterations as required under the aforementioned Utility Agreements.
Requestor
Department of Public works
Drafter
Infrastructure Services Division
JJM:dle
July 8, 2004
MARQUETTE CLYBOURN RES-AH