HomeMy WebLinkAboutMi-Tech Services fiber optic cable install 2007
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AGREEMENT
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 fiber optic cable within the right-of-way at the intersection of Knapp Street and
Poberezny Road, per attached Exhibit A fully incorporated within this Agreement by reference.
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/she/it is solely 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 action
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 hold the City of Oshkosh harmless against all
actions, claims and demands of any kind or character whatsoever which may in any way be caused by the
i'lctivities 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 privilege 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 olf
Oshkosh Common Council, which is incorporated by reference as if fully recited within this document. By
executing this agreement and by using the privilege, 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 ac day of To n e... ,2007.
MI-TECH SE~~CES (A Subsidiary of ~corp.. "I)
By: ~O'l I. ~.~tev- Jj~~
And:
NOV 0 6 2007
STATE OF WISCONSIN)
73~c9wJ
) SS.
COUNTY)
Personally came before me this 2' ..,-Ji day of Ju-,vL , 2007, the above-named
.J '" A.) ..,-: r;.,~;"3 ,z'<:- of the above-named corporation,
to me known to be the person(s) and officer(s) who executed the foregoing document and acknowledged the
same as such officers by its authority, for the purpose therein. contained. /7
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" Notary Public, 7S: 42c~._-J
My Commission: <>,,oots.s
Co., Wisconsin
1-/-0/,
Attachment:
Resol. #07-170 dated 6/26/07 of the Oshkosh Common Council
as attached Exhibit A.
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JUNE 26, 2007
07-170
RESOLUTION
(CARRIED
LOST
LAID OVER .
WITHDRAWN
)
PURPOSE:
GRANT PRIVILEGE IN STREET I KNAPP STREET AND
POBEREZNY ROAD
INITIATED BY:
MI-TECH SERVICES INC & MICHELS CORP, PETITIONERS
EAA, OWNER
PLAN COMMISSION RECOMMENDATION: Approved w/conditions
WHEREAS, the Experimental Aircraft Association (EAA) requests the Common
Council grant a privilege in street to EAA and Michels Corp., general contractor and
other subcontractors as may be required for the installation of fiber optic cablewithin the
right-of-way at the intersection of Knapp Street and Poberezny Road, per the attached
map; and
WHEREAS, upon final installation of the fiber optic cable, EAA will assume
liability for said cable; and
WHEREAS, Section 66.0425, Wis. Stats., provides for the granting of a privilege
in a right-of-way; and
WHEREAS, the Plan Commission has approved of this request 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 EAA
and Michels Corp. and other subcontractors as may be required to complete said
project, a privilege in street for installation of fiber optic cable within the right-of-way at
the intersection of Knapp Street and Poberezny Road, per the attached map, and upon
completion of said installation, EAA will assume liability for said cable within the right-of-
ways, contingent upon the following:
1) The fiber optic system 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.
2) If 'no longer needed, the fiber optic cable be properly abandoned and removed in
accordance with City standards and under the direction of the Department of
Public Works.
3) . Any problem which may arise as a result of the placement of the fiber optic cable
be the responsibility of the petitioner, contractors and owner to correct in
coordination with the Department of Public Works.
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JUNE 26, 2007
07-170
RESOLUTION
CONT'D
4) All appropriate permits be obtained prior to the start of placement of the fiber
optic cable.
5) The utilities be modified or removed immediately upon the request of the City.
6) The facility be part of and documented with Digger's Hotline system.
7) The petitioner and contractors secure and submit to the City Clerk a separate
insurance policy which names the City as an additional insured with a minimum
coverage of $200,OOO,per person and $500,000 in general aggregate.
8) 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 upon 10 days notice.
9) The' petitioner and contractors execute hold harmless agreements with th!3 City.
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. SERVICES, INC.
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. To Whom It May Concern:
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II Please contact Jon T. Gruber of MI-TECH Services at 920-288-8912 if additional information is
.... required.
-.-MI-TECH SERVICES, IHC
1700 Industrial Dr. Green Bay, WI 54302
920/465~8018 · Fax 920/465-8163
www.michels.us
Dept. of Community Development
215 Church Ave. P.O. Box 1130
Oshkosh, VVl54901
Phone: 920-236-5059
EAA (Experimental Aircraft Association) is requesting a Privilege in Street permit/agreement for the
purposed placement of a fiber optic cable in the City of Oshkosh road right-of-way on Knapp St.
(Please see attached plan for exact location).
This proposed facility shall be for the internal networking at the EAA facilities. The proposed crossing
shall not interfere with the existing Lise of the City property due to the fact that said property is e~xisting
road right-of-way. Structures on the property are typical to public road right-of-way such as tele~phone
pedestals, sewer lids, etc... No structures above or below ground shall be placed on the City
property. No effects to adjoining properties will occur because of the proposed facility. Surrounding
land use is as follows; North - Airport, EastlWest/South - EAA property. The proposed facility shall
generate no additional traffic. The proposed facility will be part of and documented in the DiggHrs
Hotline system; it is also worth mentioning that the proposed facility will be maintained locally by EAA
if a utility issue was to arise.
Michels Corporation a locally owned utility contractor will construct/place the propqsed facility for
EAA. Michels Corporation is a licensed and bonded contactor with the City of Oshkosh. Jon T.
Gruber of MI-TECH Services (a wholly owned subsidiary of the Michels Corporation) will represent
EAA at any required meetings with regards to the Privilege in Street' permit/agreement.
II Regards, ,
.. ~-/72
~o~" T. Gruber
OSP Engineer I Project Manager
. MI- TECH Services, Ino.
1700 Industrial Dr.
" . Green Bay, WI 54302
, Office -(920) 465-8018
Direct- (920) 288-8912
.. Fax- (920) 465-8163
www.michels.us
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UTILITY DESIGN. SURVEYING. DRAFTING. RIGHT;;OF-WAY ACQUISITION'. INSPECTION . GIS
FIBER OPTIC CHARACTERIZATION · CABLE RESTORATION PLANNING. DESIGNlBUILD
MILWAUKEE, WI- GREEN BAY, WI- HARRISBURG, PA - TOPEKA, KS
"AN EQUAL OPPORTUNITY EMPLOYER"
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. DISCLAIMER
This map Is neither a legally recorded map nor
a survey and it is not Intended to be used as one.
This drawing is a compilation of records, data
. and Information located in various city, county
and state offices and other sources affecting
the area shown and it Is to be used for reference
purposes only. The City of Oshkosh Is not re-
sponsible for any Inaccuracies herein contained.
... If dlscrepencles are found, please contact the
. City of Oshkosh.
Created by - dff
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FIBER OPTIC INSTALLATION
POBEREZNY RD. & KNAPP ST.
Scale: 111 = 400'
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ON THE WATEI'
City of Oshkosh
Department of
Community Dev1alopment
06/13/07
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