CCR1985184RESOLUTION 11184-85
(AS AMENDED)
AUTHORIZING EXECUTION OF AGREEMENT BETWEEN CITY OF MUSKEG0
(LADWIG DRIVEjSANDY BEACH SEWER PROJECT)
AND WISCONSIN ELECTRIC POWER COMPANY
WHEREAS, it is necessary for the City of Muskego to obtain
permission to install a temporary roadway on property located in
the SE 1/4 of Section 10 and the NE 114 of Section 15, owned by
Wisconsin Electric Power Company for the purpose of constructing
sewers for the Ladwig DrivelSandy Beach Sewer Project, and
WHEREAS, the Public Sewer Committee and Finance Committee have
recommended approval.
THEREFORE, BE IT RESOLVED that the Common Council of the City of
Muskego, upon recommendation of the Sewer & Finance Committees
does hereby authorize the Mayor and Clerk to execute an agreement
to install this temporary roadway on property located in the SE 114 of Section 10 and the NE 114 of Section 15, owned by the
Wisconsin Electric Power Company for the purpose of constructing
sewers for the Ladwig DrivelSandy Beach Sewer Project, subject to
the approval of the City Attorney.
DATED THIS 13th DAY OF August 9 1985.
FINANCE COMMITTEE
Ald. Edwin P. Dumke
Ald. Mitchel Penovich
Ald. Ra%h Tom
ATTEST :
City Clerk
ca
8/85
1; ,c8, POIYER COMPANY I 231 W. MICHIGAN, P.0 BOX 2046. MILWAUKEE. WI 53201
July 17, 1985
Mr. Wayne G. Salentine
W182 58200 Racine Avenue
City of Muskego
Box 903
Muskego, MI 53150-0903
Dear Mr. Salentine:
Wisconsin Electric Power Company, hereinafter referred to as "Company",
hereby gives permission to The City of Muskego hereinafter referred to as
"Permittee", to use a part of Company's lands located in the SEb of Section
10 and the NE4 of Section 15, all being in Township 5 North, Range 20 East,
City of Muskego, Waukesha County, Wisconsin for the purpose of installing a
temporary roadway as indicated on the drawing marked Exhibit "A" attached
hereto and made a part hereof.
and stiwlations:
This permission is given subject to the following conditions, agreements
0 ~~
contractors or agents with any overhead or underground electric line facilities
of Company located on its premises, It is further agreed that access to Company's
lands shall be maintained at all times.
1. That there will be no interference by Permittee and/or Permittee's
2. That all work done in proximity to any electric line facilities
Wisconsin Administrative Code, Rules of Department of Industry, Labor and Human
shall be performed in conformance with the provisions and requirements of the
and any amendments thereto, and the provisions of the Wisconsin State Elec-
Relations covering Safety in Construction, Order "Ind. 35.37 Electrical Hazards''
trical Code and any amendments thereto. Permittee further agrees to abide by
the requirements set forth by Company on the Exhibit "6" attached hereto and
made a part hereof.
3. That Company has made no representations or warranties regarding
may have on said lands; that Permittee may go on said lands only at Permittee's
said lands or the conditions thereof or regarding facilities which it or others
sole risk; and that Permittee hereby releases Company from all claims and lia-
bility, arising out of or resulting from this permission, against Company which
it might otherwise make or have.
Company and its officers, agents and employes from any and all claims, demands,
actions, and all liability, costs and expenses (including attorney's fees) in
Company or its officers, agents or employes as a result of injury or death of
connection therewith, which may be made or brought against or incurred by the
4. Permittee shall protect, indemnify, save and hold harmless the
o. Salentine -2- .
dny person (including employes of the Company or Permittee) or damage to any
property arising out of or in any way connected with the permission herein
given, or Permittee's use of the property of Company.
5. Permittee agrees that traffic shall be limited to automobile
and emergency vehicles only.
6. Permittee agrees to place a highway barrier on the west side of
Wisconsin Electric Power Company Tower #3151 at its expense.
7. Permittee agrees to restore the lands of Company to the condition
existing prior to any disturbance to such lands as a result of the aforementioned
permission. Included, but not limited to, in such restoration shall be the
spreading of topsoil and sowing perennial type grass seed on any disturbed areas,
other damages incurred due to or arising out of the permission herein given.
replacement of crushed stone and/or paved surfacing and repair of fences or
8. Permittee agrees that there shall be no impairment of natural or
of installed drainage facilities occasioned by the aforementioned use of
Company's lands and/or by the installation. repair, maintenance or removal Of
the aforementioned temporary roadway.
9. Permittee shall contact Diggers Hotline at (800) 242-8511 at
least 5 days prior to any work, excavation, or construction on Company's lands
in order to determine the location of electric, telephone and gas facilities
within Company's said lands and the applicable clearance requirements for
work performed in proximity to such facilities.
within the specified time limits to inform him about the following occurrences:
10. Permittee agrees to contact Mr. E. F. Roll0 at (414) 259-6100
a.
b.
C.
d.
At least 7 days prior to the cornmencement of the project herein
permitted.
Within 7 calendar days after the end of the project herein
permitted with a plan for restoration.
Uithin 7 calendar days after the restoration has been completed.
accepted this permit if the project herein permitted has not
Within 7 calendar days after a lapse of 6 months since Permittee
been undertaken by such date; within 7 calendar days after each
6 month interval thereafter until the project herein permitted
is undertaken.
the aforementioned temporary roadway at its sole cost and expense upon 90 days'
written notice given to it by Company.
11. It is understood and agreed that Permittee will remove or relocate
12. in the event it is necessary for Company to reconstruct, protect,
modify, adjust, replace or relocate its facilities due to the aforementioned
use of Company's lands and/or the construction, operation, maintenance or
existence of Permittee's facilities, Permittee agrees to promptly reimburse 0
ti. Salentine -3-
c'onlpany upon presentation of a bill for the costs and expen
Company as a result thereof.
lses incurred by
shall expire on December 31, 1985, and Permittee agrees that any and all
restoration required shall be completed not later than 90 days thereafter.
12. Unless terminated as recited above, the permission herein granted
Please indicate acceptance of such permission, in accordance with
the terms recited, by signing one of the copies of this letter in the space
provided and return the same to me.
If you have any questions concerning this matter, please feel free to
contact Mr. Michael James of Company's Real Estate Department at the above
address or by calling (414) 277-2719.
Very truly yours,
James 0: Zakrajsheck
Director of Real Estate
JDZ/MJ/ j 1
Enclosures
Permission is hereby accepted under the
terms and conditions set forth hereinabove.
Dated: 1 Y-,, /9ss rT
CITY OF MUSk€kO
By: W~nU-
.
i 0
ir.
i
A.
8.
Q)lZRAUCTOR!S SPEC= FRDVISIOIIS
,
ReIations vith Wisconsin Electric Power Company
Ro work shall be initiated under this contrnct in proximity to under-
oddition. all wrk under this contract performed in proxidty to
mound electrical conductors vithout a 72 hour prior ao&lce. In
energized electrical conductors shall conform to the provisions and
requirements. uith any amendments hereto, of 0.S.EI.A. Safety 4nd
8ealth Regulations for Construction. in particular but mt limited
to 8ubpart 1926.550 and the Wisconsin Admlnistratlve Code, Ssfety
in Construction, Ind. 35.37. Electrical ilazards.
Ro building or structure. including lighting stendards. signal
to said electric lines vhlch will be in violation of the provisions
or control devices and highway signs, vi11 be erected in proximity
of &be above codes and rules.
~
NAHT AND ADDRESS 0F.KISCONSIN ELECTRIC POWER COkPMi'Y REPRESEXTATIVES
Company representative vho may be consulted by bidder8 and contractors
with regerd to utility requirements during construction 16 Hr.
represen:ative with whom contractors may arrange for temporary de-
Division Manager. Arrangements must be made at least IS days in advance.
energizing and grounding of circuits is Ur. R. Anderson
G. Dain "* Division Engineering Superintendent, and the Company .
EXHIBIT "B'
b-77 PACE 1 OF 4
d. GENERAL - VORK OH TRANSMISSION RIGHT-OF-WAY (Both fee owned md Easement)
The construction of embankment. including clearing. grubbing and grading vith-
in md around utility steel towers shall be subject to inspection by the util-
utisfactoky to such representative: and shall be in accordance vith the re-
Ity company's representative: shall be conducted and performed in a manner
quirements of the Plan6 Standard Specifications and these Special Provisions.
The Contractor shall exercise extreme care in the prosecution of this work
to prevent damage to the towers. foundations. adjacent structures, mder-
existing installations during the progress of this vork shall be repaired
ground installations or property. Any damage done by the Contractor to
by the Contractor at hie orn expense in a manner satisfactory to Wisconsin
Electric Power Company.
1. bbankmnt Katerials and Methods of Construction
Material for embankments vithin and adjacent to the tcwers shall be free of
pass a six-inch ring.
Sod. humus, wood, or other degradable materials, frozen lumps and shall all
All required construction of embankments within a distance of ten feet of a
tower structure shall be done by hand or vith small equipment which is
equipped with direct positive controls, except that work within two feet
of a tower member shall be accomplished entirely with hand-operated tools.
Clamshells. drag buckets, or any other equipment having indirect controls;
or power-driven compaction equipment shall not be used within ten feet of
a tower structure.
All embankment work shall be done in such a manner that no direct or indirect
pressure vi11 be brought against any portion of the tower structure by the
Contractor's equipment.
Prior to placing embankment vithin and around the towers. the Contractor
Shall clean the steel work to be covered by embanknt of all esrth. oil. or
other foreign matter in an approved manner, except that in no case shall the
Contractor use equipment or materials that would damage the steel work. bolts.'
or galvanized coating.
After the ateel work has been cleaned, the Contractor shall apply a coating
of asphalt-baaed paint, as approved by the Superintendent - Building Con-
rtruction md Maintenance. Wisconsin Electric Paver Company, on all areas
which are to be covered by fill material. This protective paint coating
Shall be applied to.thc steel work to a height of not less than aix inches
above the finished grade.
tbiS Asphalt paint coating rhall be applied in two separate coats. allwing
12 hours drying tire betveen applications. Care shall be taken in the con-
rtruction of embankments to avoid damage to the asphalt paint.
All Costs of coating the steel tower legs indicated above shall be construed
Vi11 be made thereof.
to be incidental to other contract items and no separate additional payment
677 PACE 2 OF 4
I.
at No. 20-953
,,It to
Compaction of the fill material shall be in accordance with the requirements 0
for Special Compaction in Subsection 207.3.6.3 of the Standard Specifica-
tions. After a layer of 'materials has been put into place, compacting work
ohall begin near the center of a tower structure and shall be carried out in
A'MifOnIly expanding pattern except that around any tower leg. both aides
ohall be compacted simultaneously.
The Contractor shall not place any embankment or fill material in an area
vithin the tover base occupied by free water.
2. Excavations
When open cut excavation is required in the vicinity of Transmission Struc-
tures the following conditions should be met:
a.
b.
e.
d.
e.
f.
R.
h.
3.
The near side of the excavation shall be no closer than 20 feet from
That the grade around a structure shall be maintained for a distance of
the face of the structure involved.
20 feet in all directions. as measured at grade perpendicular to the
outside face of a steel structure footing or a wood pole. Grading of
ground beyond the edge of the resulting square or rectangular flat area
shall not be steeper than the folloving slopes:
Eorizontal Vertical
Distance Distance
Steel towers
Steel poles
Wood H-frames
Single wood poles
4 ft.
4 ft.
3 ft.
2 ft.
1 ft.
1 ft.
1 ft.
1 ft.
The excavation must be shored to prevent any loss of material
from the srea of the tower foundations to insure retention of struc-
tural integrity pursuant to provisions of the Wisconsin Adm. Code.
Excavated material shall not be stored in the immediate area of
The excavation shall be backfilled with suitable materia!. and throuRhly
the tower. (1.e. piled so as to cause damage to bracing systems).
compacted.
original condition and not cause any alteration of the drainage patterns
The surface elevation of the excavated area ahall be restored to it6
in the area of the tower.
The agency involved should submit plans in advance for any work in the
vicinity of transmission structures.
project ahould be submitted to W.E.P.Co. Divisional Engineering for
If the above conditions cannot be met, the plans for the proposed
review.
Additional Requirements
The Grantee Agrees:
mat no rxplonives will be used on the Company rights-of-way.
-.
Attachment to ..
Document No. 20-953 -*
To accept liability for damage or the destruction of property, dmge to U.E.P.
b. facilities and injury or death of personnel in connection with the pro-
b poaed construction which will be covered by this agreement.
To reimburse the Company for any facility alternation co6ts which the Company
uy consider necessary due to the construction covered by the agreement.
To provide for the retention of access to the grantor's facilities which
vould otherwise be land-locked or M appropriate sum should be offered to the
grantor for this condition resulting from highway construction.
To provide for twenty-four hour access to any rubstation property.
which may have been disturbed by the contractor's operations.
Io restore, to a condition satisfactory to the company, any ground surface
That the company resewes the right, permission and authority to cut dovn
and remove or trim a11 trees, the mature height of which vi11 exceed fifteen
(15) feet md overhauging branches.
PACE 4 OF 4
RESOLUTION #184-85
AUTHORIZING EXECUTION OF AGREEMENT BETWEEN CITY
AND WISCONSIN ELECTRIC POWER COMPANY
(LADWIG DRIVEISANDY BEACH SEWER PROJECT)
owned by
Wisconsin Electric Power Company
sewers for the Ladwig DrivelSandy
WHEREAS, the Public Sewer
recommended approval.
THEREFORE, BE IT RESOLVED
Muskego, upon
does hereby
to install
114 of
DATED THIS DAY OF 9 1985.
,/ FINANCE COMMITTEE
Ald. Edwin P. Dumke
Ald. Mitchel Penovich
Ald. Ralph Tomczyk
ATTEST :
City Cler