HomeMy WebLinkAboutHammes Co
City Attorney's Office
Phone: (920) 236-5115
Fax: (920) 236-5090
June 11,2004
K. Michael Day
Hammes Company
18000 West Sarah Lane - Ste 250
Brookfield, WI 53045
RE:
Privilege in Street Permit/City of Oshkosh
Sec. 66.045, Wis. Stats.
Dear Sir:
On June 8, 2004, by resolution #04-186, the City of Oshkosh Common Council approved your request
for a privilege in street permit subject to certain conditions that are made a part of the approval resolution.
In order for the permit to be valid, each one of these conditions must be satisfied.
To that end, please find enclosed for your signature an Agreement releasing, and holding the City
harmless, from all liability arising from your use of the permit. This, along with the insurance filing
requirements ($200,000/$500,000 limits) are part of state law that enables the City to allow you this use.
Kindly return to this office the signed Agreement along with your proof of insurance, either a separate
policy or naming the City as an additional insured on your policy.
Please have the proper officials of your company execute and return to us as soon as possible. These
conditions of approval must be met before vou exercise the privilege in the street. If not, the city is
empowered to shut down any activities undertaken before the paperwork is finished. Direct any questions
about insurance and liability releases to this office. Any other questions concerning the remaining
conditions should be directed to the Public Works Department at 236-5065. Thank you very much for
your timely cooperation in these matters.
Sincerely,
CITY OF OSHKOSH
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Lynn A. Lorenson
Asst. City Attorney
cc: ¿ R. Ubrig--City Clerk
Dave Patek, Dir. of Public Works
Darryn Burich, Corn. Development
AGREEMENT
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WHEREAS, the City of Oshkosh has granted to the undersigned a privilege to place an obstruction
within the street right-of-way as follows:
Installation of telecommunications conduit within the public right-ot-way ot
N. Westhaven Drive, adjacent to Aurora Medical Center, per attached Exhibit A.
WHEREAS, State law provides that by its acceptance of this privilege the undersigned shall become
primarily responsible for damages to person or property by reason of the granting of the privilege;
NOW, THEREFORE, in consideration of the City of Oshkosh, a Municipal Corporation granting
permission to the undersigned to place an obstruction within the street right-of-way, the undersigned agrees
that he/shelit is soleiy responsible for his/her/its activities under this agreement. The undersigned hereby
releases the City of Oshkosh from all debt, claims, demands, damages, actions and causes of actio'n
whatsoever which may result from the placement of an obstruction in the street right-of-way by the
undersigned. Further, the undersigned agrees to protect and hoid the City of Oshkosh harmless against ail
actions, claims and demands of any kind or character whatsoever which may in any way be caused by the
activities under this privilege by the undersigned or agents or employees. Further, the undersigned agrees
to indemnify and refund to the City all such sums which the City may be obligated or adjudged to pay,
including the City's attorney fees and costs, on such actions, claims or demands within 30 days after written
request for such indemnification. The undersigned agrees that this paragraph is to be liberally construed in
favor of the City of Oshkosh, in consideration of the privilege granted by the City under this agreement.
This agreement and the priviiege cannot be assigned without the written consent of the City of Oshkosh. The
privilege is subject to all terms and conditions contained in any authorizing resolution adopted by the City of
Oshkosh Common Council, which is incorporated by reference as if fully recited within this document. By
executing this agreement and by using the priviiege, the undersigned agrees to fully abide by such terms and
conditions, including revocation upon written notice for noncompliance with the authorizing resolution and this
agreement.
Dated this .;J.S'!ltdayof (Júfl£
,2004.
ZDB UTILITY CONSTRUCTION
B~' 4.? ~
me & title: (Æ£ A. Zl/fIJ!tof} -l'tee/lJC/VTName & Titie:
And:
STATE OF WISCONSIN)
) SS.
WINNEBAGO COUNTY)
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k ~ e. prZ~ :=~t. be!?~e:: ;:~~-f-~ day of .) ~ to m~ ~~~~~ :~~e ~~~v;~~SaO~(S~
who executed the foregoing document on behalf of said ZDB UTILITY CONSTRUCTION and acknowledged
the same. cf~ ¿;~~
Notary Public, f.t)~ Co., Wisconsin
My Commission: .I---p' r- i? - ó20ø6
Attachment:
Exhibit A - Resol. #04-186 and attachments of Oshkosh Common Council Meeting 6/8/04.
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JUNE 8, 2004
04-186
RESOLUTION
(CARRIED
LOST
LAID OVER
WITHDRAWN
PURPOSE:
GRANT PRIVILEGES IN STREETS:
(A) ALGOMA BLVD. & HIGH AVENUE
(B) S, MAIN STREET & E. 15TH AVENUE
(C) N. WESTHAVEN DRIVE
(A) UW-OSHKOSH, PETITIONER
(B) K. SINGH & ASSOC" INC" PETITIONER
(C) HAMMES COMPANY, PETITIONER
INITIATED BY:
PLAN COMMISSION RECOMMENDATION: All approved w/conditions
WHEREAS, UW-Oshkosh requests the Common Council to grant them the
privilege of installing high voltage electrical duct bank along and across High Avenue,
as well as the installation of chilled water supply and return lines across Algoma Blvd.
near Taylor Hall, per the attached "Exhibit A"; and
WHEREAS, K. Singh and Associates Inc., petitioner, requests the Common
Council to grànt them the privilege of installing monitoring wells within the public right-
of-way of S. Main Street and E. 15th Avenue adjacent to 1424 S. Main Street, per the
attached "Exhibit B"; and
WHEREAS, Hammes Company, petitioner, requests the Common Council to
grant them the privilege of installing telecommunications conduit within the public right-
of-way of N, Westhaven Drive, adjacent to Aurora Medical Center, per the attached
"Exhibit C"; and
WHEREAS, Section 66.045, Wis, Stats" provides for the granting of a privilege in
a right-of-way; and
WHEREAS, the Plan Commission has approved of these requests with
conditions.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the proper City officials are hereby authorized and directed to grant UW-
Oshkosh the privilege of installing high voltage electrical duct bank along and across
High Avenue, as well as the installation of chilled water supply and return lines across
Algoma Blvd, near Taylor Hall, per the attached "Exhibit A", with the following
conditions:
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JUNE 8, 2004
04-186
RESOLUTION
CONT'D
Alqoma Blvd. & Hiqh Avenue (cont'd)
1) The lines be installed in a manner that is approved by the Department of Public
Works with no modifications or changes in construction procedure without prior
approval by the Department of Public Works.
If no longer needed the lines are to be properly abandoned and removed in
accordance with City standards and under the direction of the Department of
Public Works. ' ,
Any problem that may arise as a result of ihe placement of the lines be the
responsibility of the petitioner/owner to correct in coordination with the
Department of Public Works.
All appropriate permits be obtained prior to the start of placement of the lines,
The lines be modified or removed immediately upon the request of the City.
The petitioner secures and submits to the City Clerk a separate insurance policy
which names the City as an additional insured with a minimum coverage of
$200,000 per person and $500,000 in general aggregate.
It is the responsibility of the petitioner to file in a timely manner a new insurance
certificate with the City Clerk upon expiration of an existing certificate. Failure to
do so will result in the revocation of the privilege in street within 10 days of
notice.
The petitioner execute a hold harmless agreement with the City.
2)
3)
4)
5)
6)
7)
8)
BE IT FURTHER RESOLVED that the proper City officials are hereby authorized
and directed to grant K. Singh and Associates Inc., petitioner, the privilege of installing
monitoring wells within the public right-of-way of S. Main Street and E. 15th Avenue
adjacent to 1424 S. Main Street, per the attached "Exhibit B", with the following
conditions:
1)
2)
The monitoring wells be installed in a manner that is approved by the Department
of Public Works.
If no longer needed, the monitoring wells are to be properly abandoned and
removed in accordance with City standards and under the direction of the
Department of Public Works.
Any problem which may arise as a result of the placement of the monitoring wells
will be the responsibility of the petitioner/owner to correct in coordination with the
Department of Public Works.
All appropriate permits are to be obtained prior to the start of boring or
excavation work.
The monitoring wells are to be modified or removed immediately upon request of
the City,
The petitioner/owner secures and submits to the City Clerk a separate insurance
policy which names the City as an additional insured with a minimum coverage of
$200,000 per person and $500,000 in general aggregate.
3)
4)
5)
6)
JUNE 8, 2004
04-186
RESOLUTION
CONT'D
S. Main Street & E. 15th Avenue (cont'd)
7) It is the responsibility of the petitioner/owner to file in a timely manner a new
certificate of insurance with the City Clerk upon expiration of an existing
certificate. Failure to do so will result in the revocation of the privilege in street
within 10 days of notice.
The petitioner/owner execute a hold harmless agreement with the City.
The City Administration reserves the right to approve final location of the
monitoring wells;
8)
9)
BE IT FURTHER RESOLVED that the proper City officials are hereby authorized
and directed to grant Hammes Company, petitioner, the privilege of installing
telecommunications conduit within the public right-of-way of N. Westhaven Drive,
adjacent to Aurora Medical Center, per the attached "Exhibit C", with the following
conditions:
1)
2)
The conduit be installed in a manner that is approved by the Department of
Public Works.
If no longer needed, the conduit be properly abandoned arid removed in
accordance with City standards and under the direction of the Department of
Public Works.
Any problem which may arise as a result of the placement of the conduit will be
the responsibility of the petitioner/owner to correct in coordination with the
Department of Public Works.
All appropriate permits are to be obtained prior to the start of boring or
excavation work.
The conduit is to be modified or removed immediately upon request of the City.
The petitioner/owner secures and submits to the City Clerk a separate insurance
policy which names the City as an additional insured with a minimum coverage of
$200,000 per person and $500,000 in general aggregate.
It is the responsibility of the petitioner/owner to file in a timely manner a new
certificate of insurance with the City Clerk upon expiration of an existing
certificate. Failure to do so will result in the revocation of the privilege in street
within 10 days of notice.
The petitioner/owner execute a hold harmless agreement with the City.
The City Administration reserves the right to approve final location of the conduit.
3)
4)
5)
6)
7)
8)
9)
U[xHIBIT
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DISCLAIMER High Ave. & Algoma Blvd.
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';:,7:;'::':;'i:'::':':::~:::~~c~:,';,'::,:~:.:" City of Oshkosh Wisconsin
':~~.:~~~::~;':.::~':,;:;:;~,::;~'¡;,~~~~Iy Community Development
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Created by. VR
4-30-04
KSA
K. SINGH & ASSOCIATES, INc.
Engineers. Scientists and Environmental Management Consultants
"EXHIBIT
B"
May 5,2004
Mr. Darryn Burich
Director
Planning Service Division
215 Church Avenue
P.O. Box 1130
Oshkosh, WI 54903-1130
Project #4579
Subject: Monitoriug Wells Installation in the Right-of-way ofS. MainStreet aud 15'~
Avenue for Condon Party Mart, 1424 S. Main Street, Oshkosh, WI
(BRRTS #03-71-001412, COMMERCE. #54901-6520-24)
Dear Mr. Burich:
On behalf of Condon Oil Company, we are requesting for permission to install bedrock wells in
the right-of-way of S. Main Street and in the right-of-way of 15th Avenue for the referenced site.
It is required by the Wisconsin Department of Natural Resources to install one bedrock well
(MW-9A) in the vicinity of existing monitoring well MW-9 located in the west side walk of S.
Main Street and to install another bedrock well (MW -lOA) in the vicinity of existing monitoring
well MWcl0 located in the right-of-way of 15th Avenue. The locations of these wells are shown
in Figtlfe 1. The purpose of installing these wells .is to define any impact to groundwater in
bedrock. .
The soil boring will be conducted with a drill rig using eight and one quarter inch diameter
hollow stern augers and,air rotary techniques. The wells will be constructed with a nine inch
diameter flush mount protective casing, which will not interfere with snowplows or other
vehicles. The location may be modified slightly in the field ,to avoid underground utilities.
Interference with traffic is expected to be minimal. These wells will be abandoned in accordance
with NR 141.25 in approximately two years. .
The required Application Form is included in Attachment A. A check of amount of $100 as
application fee is also included. We intend to start this work as soon as possible after getting
City permission. Please call us, if you have any questions regarding this submittal.
Sincerely,
K. SINGH & ASSOCIATES, INC,
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Mukesh K. Jain, Ph.D.
Project Engineer
R--;bþ w . JJr.
Pratap N. Singh, Ph.D., P.E.
Project Manager
cc:
Mr. Toni Reinsch I Condon Oil Company, P.O. Box 184, Ripon, WI 54971
Ms. Kamala Singh / PECF A Claim File '
1135 Legion Drive, Elm Grove, WI 53122 Phone: (262) 821-1171 Fax: (262) 821-1174 email: singh@execpc,com
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08/24/2004 15 17 FA~
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THIS CERTIFICATE IS I$SUED M. A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDIiR. THIS CIiRTIFICATIi DOIiS NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORCED BY THE POLICIES SELOW,
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CERTIFICATE OF LIABILITY INSURANCE
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P.O. Box 455
111.1.-1in9'1::on II! S3105
Pho",," , 262-763-2409 Fa:c,262-763-S0aO
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