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HomeMy WebLinkAboutmetco environmental ROW e murdock ave resolution 09-100 4/14/09AGREEMENT f WHEREAS, the City of Oshkosh has granted to the undersigned a privilege to place an obstruction within the sidewalk right -of -way as follows: Installation of monitoring wells within the right -of -way of East Murdock Avenue, 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 sidewalk right -of -way, the undersigned agrees that he is solely responsible for his 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 sidewalk 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. nn Dated this day of &r , 2009. METCO ENVIRONMENTAL CONSULTING B And: s Name & Title: ..- ?"e — 0 4pow - Name & Title: /G".. STATE OF WISCONSIN) SS. WINNEBAGO COUNTY) Persona came before me this day of t,� _, 200 the above -named L8-��s � and a � L of METCO CONSULTING to rffe known to be such person(s) and officer(s) who ted the foregoing document and acknowledged the execution as such officer(s) by its authority, for the purpose therein contained. I)I,ANA J sv MITCZBK Notary Public, _ Co., Wisconsin NOTARY PUBLIC My Commission: STATE OF WISCONSIN Attachment: Exhibit A - Resol. #09 -100 and attachments of Oshkosh Common Council Meeting 4/14/09. APRIL 14, 2009 09 -100 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN PURPOSE: APPROVE GRANTING PRIVILEGE IN STREET TO METCO ENVIRONMENTAL CONSULTING TO INSTALL MONITORING WELLS WITHIN THE RIGHT -OF -WAY OF EAST MURDOCK AVENUE ADJACENT TO 1800 HARRISON STREET INITIATED BY: METCO ENVIRONMENTAL CONSULTING, PETITIONER WALTER STRELOW, OWNER PLAN COMMISSION RECOMMENDATION: Approved w /conditions WHEREAS, METCO Environmental Consulting requests the Common Council grant a privilege in street to Walter Strelow and METCO Environmental Consulting, general contractor and other subcontractors as may be required for the installation of monitoring wells within the right -of -way of East Murdock Avenue per the attached; and WHEREAS, upon final installation of the monitoring wells, Walter Strelow will assume liability for said wells; 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 Walter Strelow and METCO Environmental Consulting, general contractor and other subcontractors as may be required for the installation of monitoring wells within the right -of -way of East Murdock Avenue per the attached, and upon completion of said installation, Walter Strelow will assume liability for said wells within the right -of -way. Said privilege is contingent upon the following: 1) The monitoring wells 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 monitoring wells be properly abandoned and removed in accordance with City standards and under the direction of Department of Public Works. E7X k A APRIL 14, 2009 09 -100 RESOLUTION CONT'D 3) Any problem which may arise as a result of the placement of the monitoring wells be the responsibility of the petitioner, contractors and owner to correct in coordination with Department of Public Works. 4) All appropriate permits be obtained prior to start of placement of the monitoring wells. 5) The wells 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 contractor(s) 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. 8) It is the responsibility of the petitioner /owner 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 /owner and contractors execute hold harmless agreements with the City. OfHKOfH ON THE WAT6t TO: Honorable Mayor and Members of the Common Council FROM: Jackson Kinn y - Director of Co unity Development DATE: April 9, 2009 RE: Approve Privilege in Street to METCO Environmental Consulting to Install Monitoring Wells within the Right -of -Way of East Murdock Avenue adjacent to 1800 Harrison Street BACKGROUND /SUBJECT PROPERTY The subject area is located in the east central section of the city, east of North Main Street and can be characterized with a mix of commercial and industrial uses and City storm water facilities. The petitioner is requesting a privilege in the right -of -way to allow placement of two monitoring wells within the Harrison Street/East Murdock Avenue right -of -way. ANALYSIS METCO is conducting an environment investigation to study a petroleum release from the property owned by Walter Strelow at 1800 Harrison Street. The wells are needed to collect water samples to determine the extent of soil and groundwater contamination until closure of the site is obtained from the Wisconsin Department of Natural Resources. The wells will be in use for two years or longer based on site conditions and will be properly abandoned when the investigation is complete. Placement of the wells will not interfere with vehicular or pedestrian traffic and are needed for environmental remediation purposes. FISCAL IMPACT None anticipated. RECOMMENDATION The Plan Commission approved of this request at its April 7, 2009 meeting. Approved, City Manager ITEM: GRANT PRIVILEGE IN THE STREET FOR PLACEMENT OF MONITORING WELLS ADJACENT TO 1800 HARRISON STREET Plan Commission meeting of April 7, 2009 GENERAL INFORMATION Petitioner: Eric Dahl, METCO Owner: City of Oshkosh Action Requested: The petitioner is requesting a privilege in the right -of -way to allow placement of two monitoring wells within the Harrison Street / E. Murdock Avenue right -of -way Applicable Ordinance Provisions: N/A but any location of a non -city or private utility use in city right -of -way requires issuance of a privilege in street permit. Property Location and Type: The subject area is located in the east central section of the city, east of North Main Street. The immediate area can be characterized with a mix of commercial uses, industrial uses and City storm water facilities. ANALYSIS METCO is conducting an environment investigation to study a petroleum release from the Strelow property located at 1800 Harrison Street. The wells are needed to collect water samples to determine the extent of soil and groundwater contamination. Groundwater samples will be collected quarterly from the wells until closure of the site is obtained from the Wisconsin Department of Natural Resources. Construction of the wells is expected to occur in late April or early May of 2009 and will be in use for approximately two years, possibly longer, based on site conditions. The wells are proposed to be flush mounted and abandoned per NR 141 regulations, when the investigation is complete. The Department of Public Works has reviewed and supports the request and will work with the petitioner as far as exact placement of the wells. Placement of the wells will not interfere with vehicular or pedestrian traffic and are needed for environmental remediation purposes. RECOMMENDATION /CONDITIONS The Department of Community Development recommends approval of the privilege in the street to place two monitoring wells within City right -of -way subject to the following conditions: 1. The monitoring well(s) are installed in a manner that is approved by the Department of Public Works with no modification or changes in construction procedure without prior approval by the Department of Public Works. 2. If no longer needed, the well(s) be properly abandoned and removed in accordance with City standards and under the direction of the Department of Public Works. 3. Any problem that may arise as a result of placement of the well(s) be the responsibility of the petitioner /owner to correct in coordination with the Department of Public Works. 4. All appropriate permits be obtained prior to the start of placement of the well(s). 5. The well(s) be modified or removed immediately upon request of the City. 6. 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. 7. It is the responsibility of the petitioner /owner 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 easements within ten (10) days of notice. 8. The petitioner /owner execute a hold harmless agreement with the City. 9. The facility be part of and documented with Digger's Hotline system. The Plan Commission approved of the privilege in the street as requested with conditions noted. The following is the Plan Commission's discussion on this item. Mr. Nau presented the item and explained that the monitoring wells were necessary for an environmental investigation to study a petroleum release from property located at 1800 Harrison Street owned by Walter Strelow. Mr. Thoms questioned if condition #5 relating to the wells being modified or removed immediately upon request of the City was enforceable. Mr. Burich stated that the condition was standard on these types of requests and was necessary if the wells could create traffic issues or become an obstruction or hazard to the community and if that became the case the City would order it altered. Ms. Mattox inquired who initiates these requests. Mr. Nau responded that the initial request was usually processed through the Department of Public Works. Motion by Nollenberger to approve the consent agenda as requested with the following conditions to be applied to Item LA.: 1) The monitoring well(s) are installed in a manner that is approved by the Department of Public Works with no modification or changes in construction procedure without prior approval by the Department of Public Works. 2) If no longer needed, the well(s) be properly abandoned and removed in accordance with City standards and under the direction of the Department of Public Works. 3) Any problem that may arise as a result of placement of the well(s) be the responsibility of the petitioner /owner to correct in coordination with the Department of Public Works. 4) All appropriate permits be obtained prior to the start of placement of the well(s). 5) The well(s) be modified or removed immediately upon request of the City. 6) 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. 7) It is the responsibility of the petitioner /owner 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 easements within ten (10) days of notice. 8) The petitioner /owner execute a hold harmless agreement with the City. 9) The facility be part of and documented with Digger's Hotline system. Seconded by Mattox. Motion carried 6 -0. 2 ITEM -PRIV IN ST- HARRISON ST i �•— tit7KE WMM City of Oshkosh AMM TO.- Dept_ of Commiia4y Dow-lopravA General Application. 215 Chi Ave, P.O. Box 113 Osht osh, WI 54901 PHfl1E: (920) 236 crPLr. ASETYPE UR PRW USING NUCK INK* APPLICANT ]i MR]!r AT Petitioner. P _ . Petitioner's Address: E City: -��. State• f- Zp: Tel ephot). 4 : ( ) "I , st 6 - 5� � $ father Contact 0 zr FinaiL- a e_j LV Stars Of Petitioner (Please Check: P'etitioner's Sipafuae (required): _ �enaat - Prospecfit►e Buyer OAR INTGPmumo ' Ld owna(s) ddrm: /d{J f^ii �� 7 / ( _ +l v: Ste!"'!! Sta Kw - 'I'elepllotte r: } "�X: s der Contad N or Bnxail. CwrterAT Staffs lease Check): 01nd vWlw ElTrust oparbneribv mmporwon Prope 'fy 0% er 4Lc'rW=t: (r9quired) By sipafre brr ean, IIW'e ackwwiedge dint CiV offidds =dkr =ploycos =Y, in the perftn=ce of Wr don-% eater Upvu the property to inspect or gather odw information necessry to process this application. I also undesstmd tha ail meeting dat~s are tentative and may be postpaaed by the Pla ag Serviqes Div' n for McompleiD submissions or otiser ailrn uastrative reasons. {� . Pi1?j3er'f�d �YErBT ° S Sigma: �_ ,� 3 I�a�: c� � Access Control Nrariarr-ce Eas=ent P#I'ett7.ege iu Street (iden.'�i) '��' � ►` � �� t �&'i � �� r� g oo, C3ther(identify) 4 Ad&vss/Loca ion of Proposed I -Mied: 0 i i� P U ri ProposedProjeitType: r t : e�� ' ' . _ CU=, at Use eproperrtr. vney t Land Uses Sulrrounclfixg Site: hksr*.; South: LA <-- >- AppReation fees shoe at f nee of su IVIRLe cheek payable tot ate of Osh -"L > Plea. e refer to the fee scWuk for nppmpriate fee:. FEE IS NONLREFUNDAB For more kfoms#ion please visit The tr vs website at -,v.ci oshi osh.VI.,uslCor unuua i ty- ,lie %elopmenV' -Olaaning.ht€n /fi /� � ETC�� Excellence through experience' 1421 State Road 18♦ La Crosse, WI 54801 ♦ 1- 800 -552 -2932 ♦ Fax (808) 781 -8893 Email rona(c March 4, 2009 City of Oshkosh Department of Community Development 215 Church Avenue, P.O. Box 1130 Oshkosh, WI 54901 Subject: Access permission for monitoring well installation within city right of way. To Whom It May Concern, RECEIVED MAR 0 9 2009 METCO is conducting an environmental investigation concerning a petroleum release at the Strelow Property located at 1800 Harrison Street. Per requirements by the Wisconsin Department of Natural Resources, two monitoring wells are to be installed within city right of way to define the extent of petroleum contamination in groundwater. The proposed monitoring well locations are to be in the boulevard on the south side of East Murdock Avenue, approximately 20 feet east of Harrison Street (see map). Therefore, we are requesting permission from the City of Oshkosh to conduct this work The monitoring wells will be constructed by advancing a 8 -inch diameter soil boring to the required depth (15 and 26 feet) and installing a two inch diameter monitoring well with a slotted screen. Uniform washed sand is installed around the well screen to serve as a filter pack. Bentonite is used above the filter.pack to provide an annular space. seal. A locking watertight cap along with a steel flush - mounted cover will be installed with the monitoring wells for protection. Soil cuttings generated during the drilling process will be containerized in 55 -gallon DOT drums and will be temporarily stored on the Strelow property until they can be properly disposed (approximately one month). The monitoring well installation project is expected to be completed in one day. After the monitoring well installation is completed, access to the wells will be necessary on occasion. Events where access to the wells will be required in the next year include development of the well and quarterly groundwater sampling. These events only require approximately fifteen minutes of work at the monitoring well: It is our experience that the WDNR usually requires that monitoring wells remain in place (for sampling purposes) for a duration of approximately 2 years, and possibly longer, depending on actual site conditions/WDNR requirements.. Once the groundwater monitoring is complete, the monitoring well will be properly abandoned with bentonite clay. This project has not been scheduled, but is expected to be conducted in.late April or early May 2009. Diggers Hotline and local water /sewer utilities will be notified. A City of Oshkosh General Application, application fee, and two Site Layout Maps showing the proposed monitoring well Environmental Consulting, Fuel System Design, Installation and Service 4 locations have been attached. Should you have any questions, or require additional information, do not hesitate to contact our La Crosse office at 608 - 781 -8879. Sincerely, Eric Dahl Hydrogeologist c: Walter Strelow — client Environmental Consulting, Fuel System Design, Installation and Service Page 2 5 . scats • A ND BULLDI N ARE F SOL O BO N RINGS, PREP AA MMM WELLS. 1 104 - 40 . FEET EM/lRONMBITAL B ENGWEERING YANAGEMW.ILC O �O SITE LAYOUT MAP 0 �MIONiTOWNG WELL IODATION STRELOW 0 .pROPOSEDmwrm INrwELLUXATION PROPERTY ` DPERTY LINE oswcosl -L wlseolvsrN ' erco'ir yar y77roe 1 I - � I STORAGE � � / A . �N RAISON MA= � sERW�CEtENIER / uj ' � W1�RRISON STREET . L MW-2 cn PZ-3 e 0 4 !. a / �o cn s O ��Q / STPUEET I PROPER N /1AVJ•4 OMSAVTOPARTS STR 212 EAST MURDDDKEET O PZ-0 - • / O/L / m of / TZ-T sov" SIbEWALK PROPOSED MONITORING WELLS IN CITY OF OSHKOSH RIGHT OF WAY EAST MURDOCK AVENUE GRASS • GRASS SIDEWALK .. SIDEWALK GRASS Jr 6 i t W c7 U E. EN AVE. 4E. Aw � 1 ►f li o !j i� // 1 1 L4 U In 1 -1 � AP �► • r iL 1/ [� -L7I X11 11 .i1 /1 :11 •11 - 1.1/ -�• ..r • DISCLAIMER MONITORING WELLS This map is neith legally to be used map nor E M U RDOC K AV ADJACENT a survey and it is not intended to be as one. "his drawing is a compilation of records, data Information stateoffices and other a e ffec ting ount d TO 1800 HARRISON ST . sate officr urc ating ..,� 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 S ca le: �' 6 � City of Oshkosh. Created by - dff N O.fHKOfH off na waen City of Oshkosh Department of Community Development 03/24/09 A CERTIFICATE OF LIABILITY INSURANCE OP ID 1a DA 1 MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH 05/04/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION TYPE OF INSURANCE ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Monroe & Monroe Insurance Agen HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2921 Galleria Dr., Suite 102 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Arlington TX 76011 GENERAL LIABILITY Phone:817- 640 -5035 Fax:817 -640 -0131 INSURERS AFFORDING COVERAGE NAIL# INSURED _ INSURER A: Great American Ins COs. Midwest Electro -Tech Corp dba METCO Inc Paul Knower INSURER B: 03/25/09 INSURER C: PREMISES (Ea occurence) PO Box 448 Hillsboro WI 54634 INSURER D: $ 0 INSURER E: • - Pollution Liab L�1�JI9�CC�]�7 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. lMiK LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDtYY) DATE (MWDDIYY) LIMITS GENERAL LIABILITY - EACH OCCURRENCE $ 1,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE � OCCUR 02GL750994 03/25/09 03/25/10 PREMISES (Ea occurence) s100,000 MED EXP (Any one person) $ 0 • - Pollution Liab PERSONAL & ADV INJURY $1,000,000 • Professional Liab GENERAL AGGREGATE $2 ,000,000 GENL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /CP AGG $ X POLICY 7 PE0. LOC ' AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ $ AUTO ONLY AGG EXCESSIUMBRELLALIABILITY .. EACH OCCURRENCE $1,000,000 A X OCCUR CLAIMS MADE 02XS160671 03/25/09 03/25/10 AGGREGATE $ 1 ,000,000 H DEDUCTIBLE $ X RETENTION $10,000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TO LIMITS ER E.L. EACH ACCIDENT $ ANYPROPRIETOR /PARTNERIEXECUTIVE E.L. DISEASE - EA EMPLOYEE $ OFFICER/MEMBER EXCLUDED? If yes, describe under E.L. DISEASE -POLICY LIMIT $ SPECIAL PROVISIONS below OTHER A Equipment Floater 02IM32826 03/25/09 03/25/10 Bailee 100,000 Cargo 100,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS City of Oshkosh, its employees and officers are named as additional insured on the above GL policy. t�erc I IrlcFt I t MULutrt CANCELLATION City of Oshkosh 215 Church Ave PO Box 1130 Oshkosh WI 54903 ACORD 25 (2001108) OSHKOSH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO $O SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. © ACORD CORPORATION 1988