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Home My WebLink Aboutuwo-ROW- high ave, pearl ave near rockwell aveAGREEMENT 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 private electrical and signal duct banks within the riht -of -way at Pearl Avenue and High Avenue near Rockwell Avenue and across Algoma Boulevard at Woodland Avenue, as part of the University's electrical substation replacement/relocation/expansion project, per the 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 /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 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 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 of 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 thi day of Aq s+ , 2007. THOMAS ELECTRIC B. Name & Titl - � �. STATE OF WISCONSIN) ) SS. WINNEBAGO COUNTY) Name & Title: Personally came before me this 9th day of August 2007, the above -named Daniel Reige]. (V.P.) and to me known to be the (name & title) (name & title) person(s) and officer(s) who executed the foregoing document on be aIf said THOMAS ELECTRIC and acknowledged the same. 2 4 Notary Public, 0117TA' fAlE Co.,Wisconsin My Commission: 5 #07 -184 and attachments of Oshkosh Common Council Meeting dated 6/26/07. .t JUNE 26, 2007 07 -184 RESOLUTION (CARRIED 1 LOST LAID OVER WITHDRAWN PURPOSE: GRANT PRIVILEGE IN STREET / PEARL AVENUE; HIGH AVENUE; ALGOMA BOULEVARD INITIATED BY: UW- OSHKOSH PLAN COMMISSION RECOMMENDATION: Approved w /conditions WHEREAS, UW- Oshkosh requests the Common Council to grant a privilege in street to UW- Oshkosh and Thomas Electric and other contractors as may be required for the installation of private electrical and signal duct banks within the right -of -way at Pearl Avenue and High Avenue near Rockwell Avenue and across Algoma Boulevard at Woodland Avenue, as part of the University's electrical substation replacement/relocation /expansion project, per the attached maps; and WHEREAS, upon final installation of the electrical and signal duct banks, UW- Oshkosh will assume liability for said facilities; 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 UW- Oshkosh and Thomas Electric and other contractors as may be required for the installation of private electrical and signal duct banks within the right -of -way at Pearl Avenue and High Avenue near Rockwell Avenue and across Algoma Boulevard. at Woodland Avenue, as part of the University's electrical substation replacement /relocation /expansion project, per the attached maps and upon completion of said installation, UW- Oshkosh will assume liability for said facilities within the right -of- ways, contingent upon the following: 1) The private electrical and signal duct banks 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 private electrical and signal duct banks be properly abandoned and removed in accordance with City standards and under the direction of the Department of Public Works. �h. A. r .r JUNE 26, 2007 3) 4) 5) 6) 7) 8) 9) 07 -184 RESOLUTION CONT'D Any problem which may arise as a result of the placement of the private electrical and signal duct banks be the responsibility of the contractors and owner to correct in coordination with the Department of Public Works. All appropriate permits be obtained prior to the start of placement of the private electrical and signal duct banks. The private electrical and signal duct banks be modified or removed immediately upon the request of the City. The private electrical and signal duct banks be part of and documented with Digger's Hotline system. 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 $200,000 per person and $500,000 in general aggregate. It is the responsibility of the petitioner to file in a timely manner a new insurance certificate with the City Clerk upon expiration of an existing certificate. Failure to do so will result in the revocation of the privilege in street upon 10 days notice. The petitioner and contractors execute hold harmless agreements with the City. # e cream- oo- oo- ctot.s.o. •rear+ naneo nr tt:fsne w ox mat aao> sr asnr< £9 z� P � c O c m r a 7 r® f C r ME g "saa yF K 4@ €i S .2 a SE� s €w i � r 1' - F$ $ • 4 3 S p • 3 � 4F � ® vr ?. - i;•; Substafron Switchgear Replacement lkikereity of Wlecafreh - Oehkoeh Oehkoeh, wleconein � , state or Wwew,sm Department of Acir&ietralion .j. ,, DMdon of State FacHee S � o � g g� L fl i 3 (ri 2 i 'm 8 N ` �. r � } _ swi .rw Partial - Plan AM Profile - u � i•,o� wn Uni —ity f Wiseonan — Oshkosh Os hkosh, Yr.pcansin nit tl , I , 1 A tj i� c: I p- A �1 � Swftchgear Replacement *'y d W* o Oh Wd=. - od*o", Po j Wab-..k F%. A n d PMM J. % ry ■ a� r LVV�-]) 9 state of ww=m Depar*ont of A&&ftta" MvWw of State Faclitlab 7 1 o Wisconsin - Oshkwh .hk..h. W—in 4, .. I « A SUBJECT SITES \ � C 0 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 discrepencies are found, please contact the City of Oshkosh. Created by - dff a t PROPOSED ELECTRICAL/ SIGNAL DUCT BANKS Scale: 1" = 300' j \\ �f WNW NO � \\ (n O,fHKOfH ON THE WATER City of Oshkosh Department of Community Development 06111/07 um �!W'Oiool