HomeMy WebLinkAboutUWO - High Ave AGREEMENT
WHEREAS, the City of Oshkosh has granted to the undersigned a privilege within the City's right -of-
way as follows:
Installation of private 8 -inch steam condensate lines and steam pit along High Avenue
South of Rockwell 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 install 8 -inch steam condensate lines and a steam pit, the undersigned
agrees that it is solely responsible for 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 undersigned's activities under this agreement. 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 to the extent provided under ss.893.82 and 895.46, Wis. Stats., where such damage or injury was
a result of the negligent acts or omissions of the State of Wisconsin's officers, employees or agents. 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 attomey 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 this c,r day of Dec.) , , 2010.
UNIV SITY OF i ISCONSI - OSHKOSH
: lL %I .A1116.4 - -- it .Lk' , And:
Name & titleT1�d tr re - -Name & Title;
V C KAAY$t (3/L--
STATE OF WISCONSIN )
)SS.
WINNEBAGO COUNTY)
Personally came before me this J day of Dec-. , 2010, the above -named
o mct • .. • • - : ,. ame & title) and
(name & title) to me known to be e person and officer who executed the foregoing document on behalf of
said UNIVERSITY OF WISCONSIN OSHOSH and acknowledged the same.
Notary Public, Lavv&e.b&J7 Co., Wisconsin
My Commission: I<X, i - e . s i n - - i
Attachment: Exhibit A -- Resol. #10 -357 and attachments of Oshkosh Common Council Meeting 11/23/10.
(2
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NOVEMBER 23, 2010 10 -357 • RESOLUTION
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE GRANTING PRIVILEGE IN STREET TO UW-
OSHKOSH TO INSTALL PRIVATE STEAM LINES AND
STEAM PIT ALONG HIGH AVENUE SOUTH OF ROCKWELL
AVENUE
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 its contractors as may be required for the installation of
private steam lines and a steam pit within the right -of -way of High Avenue, south of
Rockwell Avenue, per the attached; and
WHEREAS, upon final installation of the private steam lines and steam pit, 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 other contractors as may be required to complete said project, the
privilege of installing private steam lines and a steam pit within the right -of -way of High
Avenue, south of Rockwell Avenue, per the attached, with the following conditions:
1) The private steam lines and steam pit 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 steam lines and steam pit 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 private steam
lines and steam pit be the responsibility of the contractors and owner to correct in
coordination with the Department of Public Works.
NOVEMBER 23, 2010 10 -357 RESOLUTION
CONT'D
4) All appropriate permits be obtained prior to the start of placement of the private
steam lines and steam pit.
5) The private steam lines and steam pit be modified or removed immediately upon
the request of the City.
6) The private steam lines and steam pit 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 $200,000 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 the City.
•
C
O.IHKOJH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Buri
Director of Planning Services
DATE: November 18, 2010
RE: Approve Privilege in Street for Placement of a Steam Pit and Steam Line Along High
Avenue South of Rockwell Avenue (Plan Commission Recommends Approval)
BACKGROUND
A private 8 -inch steam condensate line was constructed in 2001 under existing city right -of -way on the
south side of High Avenue, south of Rockwell Avenue, per the attached illustrations. At that time no
privilege in the right -of -way was granted, therefore this action will rectify the placement of the existing
utility. The University is also requesting installation of a new steam pit at the southwest comer of High
Avenue and Rockwell Street.
ANALYSIS
The new steam pit is proposed to be located near the southwest corner of High Avenue and Rockwell
Street and will serve the new academic building under construction for which these utilities are
required. The Department of Public Works has reviewed the request and recommends approval of the
privilege as requested with the conditions that locations be approved and that the facility be part of and
documented with Digger's Hotline system.
FISCAL IMPACT
None anticipated.
RECOMMENDATION
The Plan Commission approved of this request at its November 16, 2010 meeting.
Approved,
City Manager
ITEM: GRANT PRIVILEGE IN THE STREET FOR PLACEMENT OF A STEAM
PIT AND STEAM CONDENSATE LINE ALONG THE SOUTH SIDE OF
HIGH AVENUE BETWEEN KOLF SPORTS CENTER AND THE NEW
ACADEMIC BUILDING
Plan Commission meeting of November 16, 2010
GENERAL INFORMATION
Petitioner: University of Wisconsin - Oshkosh
Owner: City of Oshkosh
Action Requested:
The petitioner is requesting a privilege in the right -of -way for the previous installation of a private
steam condensate line along the south side of High Avenue and the construction of a new steam pit
near the southeast corner of High Avenue and Rockwell Street. These utilities are required as part
of the new academic building currently under construction.
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 /Analysis:
A private 8 -inch steam condensate line was constructed in 2001 under existing city right -of -way
on the south side of High Avenue per the attached illustrations. At that time no privilege in the
right -of -way was granted, therefore this action will rectify the placement of existing utility. The
new steam pit is proposed to be located near the southwest corner of High Avenue and Rockwell
Street and will serve the new academic building.
The Department of Public Works has reviewed the request and recommends approval of the
privilege as requested with the conditions that locations be approved and that the facility be part of
and documented with Digger's Hotline system.
RECOMMENDATION /CONDITIONS
Staff recommends approval of the privilege in the right -of -way for the installation of private
geothermal piping and steam pit as requested with the following conditions:
1) The private steam condensate line and steam pit be installed in a manner that is approved by
the Dept. of Public Works with no modifications or changes in construction procedure
without prior approval by the Dept. of Public Works.
2) If no longer needed, the private steam condensate line and steam pit be properly abandoned
and removed in accordance with City standards and under the direction of the Dept. of
Public Works.
3) Any problem which may arise as a result of the placement of the private steam condensate
line and steam pit be the responsibility of the petitioner, contractors and owner to correct in
coordination with the Dept. of Public Works.
4) All appropriate permits be obtained prior to the start of placement of the private steam
condensate line and steam pit.
5) The steam condensate line and steam pit 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 $200,000
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 the City.
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 reviewed the site and surrounding area and the zoning
classifications in said area. He explained that the steam condensate line that was constructed in
this location in 2001 without approval of a privilege in the street was included with this request as
well as approval of the proposed steam pit. He reviewed the location of both the steam pit and
condensate line and stated that the Department of Public Works has reviewed and approved of its
location. He also reviewed the conditions recommended for this request.
Mr. Fojtik inquired if the steam pit would serve other buildings on the campus.
Mr. Nau responded that the request was to accommodate the new academic building under
construction.
Chris Miles, 800 Algoma Boulevard, representing the University, stated that the staff report
referred to geothermal piping along High Avenue and she wished to note the correction that it
should be steam condensate lines. She further stated that the original lines were installed possibly
30 years ago and that the University was not aware at that time of the requirement to have a
privilege in street granted. She commented that the steam condensate lines would serve the whole
campus whereas the steam pit was for the new academic building only.
Mr. Thoms questioned the amount of insurance coverage referenced in the conditions for this
request and if this was an adequate amount.
Mr. Nau replied that it is the standard coverage on all privilege in street requests and the conditions
are recommended by the Department of Public Works.
Motion by Nollenberger to approve the privilege in the street for placement of a steam pit
and steam condensate line along the south side of High Avenue between Kolf Sports Center
and the new academic building as requested with the following conditions:
Item -Priv in St/High & Rockwell 2
1) The private steam condensate line and steam pit be installed in a manner that is approved
by the Dept. of Public Works with no modifications or changes in construction procedure
without prior approval by the Dept. of Public Works.
2) If no longer needed, the private steam condensate line and steam pit be properly abandoned
and removed in accordance with City standards and under the direction of the Dept. of
Public Works.
3) Any problem which may arise as a result of the placement of the private steam condensate
line and steam pit be the responsibility of the petitioner, contractors and owner to correct in
coordination with the Dept. of Public Works.
4) All appropriate permits be obtained prior to the start of placement of the private steam
condensate line and steam pit.
5) The steam condensate line and steam pit 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 $200,000
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 the City.
Seconded by Vajgrt. Motion carried 8 -0.
Item -Priv in St/High & Rockwell 3
•
City of Oshkosh SUBMIT TO:
Dept. of Community Development
0H General Application 215 Church Ave., P.O. Box 1130
ON THE WATER Oshkosh, WI 54901
**PLEASE TYPE OR PRINT USING BLACK INK PHONE: (920) 236 -5059
APPLICANT INFORMATION
Petitioner: UW System Board of Regents - Tom Sonnleitner Date: 10 /22/2010
Petitioner's Address: 800 Algoma Blvd City: Oshkosh State: WI Zip 54901
Telephone #: (920) 424 -3030 Fax: ( 920) 424 -2240 Other Contact # or Email: sonnlelt @uwosh.edu
Status of Petitioner (Please Check): 10 • er [tepresentative QI'enant ['Prospective Buyer
Petitioner's Signature (required): Date:
OWNER INFORMATION
Owner(s): UW System Board of Regents - Tom Sonnleitner Date: 5 -11 -2009
Owner(s) Address: 800 Algoma Blvd City: Oshkosh State: WI Zip: 54901
Telephone #: ( 920) 424 -3030 Fax: ( 920) 424 -2240 Other # or Email: sonnleit @uwosh.edu
Ownership Status (Please Check): ['Individual ['Trust ['Partnership ['Corporation
Property Owner Consent: (required)
By signature hereon, I/We acknowledge that City officials and/or employees may, in the performance of their functions, enter upon the
property to inspect or gather other information necessary to process this application. I also understand that all meeting dates are tentative
and may be postponed by the Planning Services Divi ion for incomplete submissions or other administrative reasons.
Property Owner's Signature: it Jj f 4 '• t_ � / Date: ii1919 1 t0 -
TYPE OF RE • UEST: ((„,
Access Control Variance
Easement
fl Privilege in Street (identify) Steam Piping and Steam Pit located in ROW - See Attached Drawings
IN Other (identify)
SITE INFORMATION •
Address/Location of Proposed Project: 845 High Avenue
Proposed Project Type: University Academic Building
Current Use of Property: University Facilities Management Buildings Zoning: R -5 PD
•
Land Uses Surrounding Your Site: North: M -2 - Industrial Facility
South: R -5 PD - UWO Campus Buildings
East R -5 PD - UWO Campus Buildings
West R -5 PD - UWO Campus Buildings
D Application fees are due at time of submittal. Make check payable to City of Oshkosh.
D Please refer to the fee schedule for appropriate fee. FEE IS NON - REFUNDABLE
For more information please visit the City's website at www.ci.oshkosh.wi.us/ Community _Development /Planning.htm
Staff Date Rec'd la (0 I'D
r cP
OSHKOSH
October 22, 2010
City of Oshkosh
Department of Community Development
215 Church Avenue
P.O. Box 1130
Oshkosh, WI 54903 -1130
SUBJECT: University of Wisconsin — Oshkosh
New Academic Building
General Application — Privilege in Street
Dear Community Development Staff:
On behalf of the UW System Board of Regents and University of Wisconsin — Oshkosh,
we are submitting the following applications and other documentation for the University
of Wisconsin — Oshkosh New Academic Building Project steam pit and steam piping:
• General Application — Privilege in Street
• Check for Application Fees
o Privilege in Street Fee - $100
• Site Plan Set — 2 copies full size, 2 copies 11"x17"
This application is for a Privilege in Street Permit specific for the existing steam pipe
adjacent to the New Academic Building Site and a new steam pit for the New Academic
Building steam connection. All other permitting and site plan reviews and approvals
have already been completed and granted for the project.
Proposed Use of the Property:
This project will construct a new multi -story facility to provide general purpose
classrooms, labs, and other support spaces for the College of Business Administration,
and selected departments /programs from the College of Letters and Science. The
structure and all supporting building services and systems will be entirely new
construction. The project is being designed using sustainable design principles and with
the intention of obtaining a LEED Gold Certified project upon completion. Numerous
energy efficient building systems and environmentally friendly site /landscape design
features will be implemented including rain gardens and biofilters. The building and site
will be designed to meet current accessibility standards. An Environmental Impact
Statement (EIS) has been completed for this project.
Dept. of Community Development -1- October 22, 2010
2007 - 2017.01
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Existing Use of the Property:
The existing property was formerly utilized for supporting services on campus. The
Facilities Management Center and Campus Security Building have both been
deconstructed and the New Academic Building is under construction.
The site is currently zoned R5 -PUD Residential District by the City of Oshkosh.
Structures On and Adjacent to the Property:
The property was formerly occupied by the Facilities Management Center and Campus
Security Building. Both of those structures as well as most of the existing pavement,
utilities, and other existing site features within the proposed project's construction limits
have been deconstructed. Adjacent buildings include Kolf Physical Education and
Sports Center to the south, Clow Social Science Center to the east, University
Hazardous Waste Storage Area to the west, and a private industriaVmanufacturing
facility to the north.
Facility Occupants:
The new facility will provide additional space for students and faculty primarily for the
College of Business Administration and selected departments of the College of Letters
and Science. It will provide general classrooms and computer Tabs for all four colleges
on campus. Business outreach service programs will also be accommodated in the new
building. The occupants, primarily students, will mainly travel to the facility on foot or
bicycle. Anticipated maximum use occupant information is as follows:
Faculty /Employees: 250+1 -
StudentsNisitors: 2000+/ -
Proposed Facility Statistics:
Dwelling Units: None
Total Floor Area: 189,185 gross square feet (4 levels)
Landscape Area: 49,285 square feet
Parking Area: (UW Oshkosh provides parking on campus -wide basis)
Effects on Adjoining Property:
This project will result in a. University academic building with a number of exterior
enhancements including brick and exterior concrete stone. The area immediately
surrounding the building will be pedestrian pathways and gathering spaces bordered
Dept. of Community Development -2- October 22, 2010
2007 - 2017.01
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with vegetated and landscape plantings. The site has ample area for the expected
pedestrian users for circulation. As a university facility within a campus environment, the
effects on the adjoining property will be minimal and consistent with all other University
buildings on campus.
Primary hours of operation are from 8:00 AM — 10:00 PM, Monday through Thursday;
8:00 AM — 5:00 PM Friday, with reduced weekend hours.
Surrounding Land Uses:
The site is bounded on the west, east, and south by University property and other
campus buildings. The surrounding land uses for those areas are similar to this facility.
On the north, an industrial /manufacturing facility exists.
Compatibility with Proposed Use:
The project site is surrounded by University property of similar use and construction and
will fit the intent of the Campus Master Plan.
Traffic Generation:
At the completion of construction, there will be a negligible effect on automobile traffic.
This building will primarily relocate staff and students for instruction and other uses that
currently are conducted in other academic buildings. In addition, the vast majority of the
students will arrive at the site on foot or bicycle from the campus core and both on and
off-campus student housing from the east and south. The parking accommodations for
this facility and others on campus are served on a campus -wide basis in numerous
surface lots and a parking ramp located south of Kolf Physical Education and Sports
Center.
Development Schedule:
Building is currently under construction
Novermber 2010 Steam Pit construction (immediately upon receipt of PIS)
August 2011 Building Occupancy
Proiect Team:
Owner: University of Wisconsin Board of Regents
for the University of Wisconsin — Oshkosh
Dept. of Community Development -3- October 22, 2010
2007 - 2017.01
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OSHKOSH
Owner's Rep: University of Wisconsin — Oshkosh
800 Algoma Blvd.
Oshkosh, WI 54901
Attn: Ms. Chris Miles Facilities Management
(920) 424 -2006
Petitioner: University of Wisconsin — Oshkosh
800 Algoma Blvd.
Oshkosh, WI 54901
Attn: Mr. Thomas Sonnleitner Vice Chancellor
(920) 424 -3030
Architect: Bemers - Schober Assoc., Inc.
310 Pine St.
Green Bay, WI 54301
Attn: Mr. Richard Dannhausen, AIA
(920) 432 -4865
Please begin the processing of these permits applications. If any other information is
needed other than what is enclosed or noted above, please contact me and we will
prepare and submit supplemental information as soon as possible.
Sincerely,
Thomas G. Sonnleitner
Vice Chancellor
PJS:pjs
Enclosures
cc: Chris Miles - UWO
Ian Griffiths - BSA
Steve Siegle — VOA
Joe Sokol - DSF
Dept. of Community Development -4- October 22, 2010
2007- 2017.01
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DISCLAIMER
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This map Is neither ■ legally recorded map nor STEAM LINE REPLACEMENT
a survey and n is not intended to M used as one. 845 HIGH AV N OIHKOIH
This drawing is ■ compilation of records, data
mad information located In various city, county w�t�
Id stab offices and other sources affecting
area ihown and It is to be used for reference City Of Oshkosh Department only. The City of Oshkosh is not re- Department Of
s ie for any are found, the S cal e: 1 " = 15 0'
If dIscn Community Development
N discpandes an fouund, , please ase c contact ntact the
City of Oshkosh.
Created by - dff
11/09/10
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DISCLAIMER "
This map Is neither a legally recorded map nor STEAM LINE REPLACEMENT �T ru r
a survey and it not intended to be used as one. 845 HIGH AV • N O✓ , KOJ H
This drawing Is s a compilation of records, data
and information located in various city, county ,--
THE WATER ,
and state offices and other sources affecting
the area shown and it Is to be used for reference City of Oshkosh
purposes only. The City of Oshkosh is not re Department of
sponsibie for any inaccuracies herein contained. Scale: 1 11 — 1000' Community Development
It discrepancies are found, please contact the
City of Oshkosh.
• I Created by - dff
11/09/10
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• This map Is neither a legally recorded ma nor STEAM LINE R E P LAC E M E N T
a survey and It Is not Intended to i used as one. N O / � j
DISCLAIMER
MI dewing is a comp of records, data 845 HIGH AV fll� J fl
and Information located in various city, county ON 'NE WATER
and state offices and other sources affecting
aw
h e area shown and It is to be used for reference City of Oshkosh
purposes only. The City of Oshkosh Is not re- Department of
sponsibleforany inaccuracies here in contained. Scale: 1 rr — 150 Community Development
If dlserepencles are found, please contact the
City of Os hkosh.
Created by - dff 11 /09/10
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