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HomeMy WebLinkAboutWisconsin Street/Church Ave Intersection to 215 Waugoo Ave AGREEMENT WHEREAS, the City of Oshkosh has granted to the undersigned a privilege to place an obstruction within the right -of -way as follows: Installation of fiber optic cable within the right -of -way at various locations from the Wisconsin Street /Church Avenue intersection to 215 Waugoo Avenue, 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 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. Dated this day of UCCed 2010. OSHKOSH AREA SC 0 OL DISTRICT L BY: =.1: .. .o` And:�,u, Qt1 � /. .t,� > Name & Title: al V I ' d 6 (aid /a e / i Name & Title: Rai d y Joh 1 I Kee hi CPC b pa r-H )U YI , K00111(01 t1 'CI ,{ � J Ir�)t 60)LIi11S J STATE OF WISCONSIN) SS. WINNEBAGO COUNTY ) ��� f x) r' P " on�l ly came befor5 me this 3 l day of 2019/, the above -named Da ‘I td td lac h and ko ,' c/ TJ(1J1 t jS ] of OSH SH ARE SCHOOL DISTRICT to me known to be such person(s) and officers who ex6buted the foregoing document and acknowledged that they executed the same as such officers by its authority, for the purpose t erein contained. Notary Public, t n n e ba �0 Co., Wisconsin My Commission: J /6, ,,70/ Attachment: Exhibit A - Resol. #10 -381 and attachments of Oshkosh Common Council Meeting 12/14/10. DECEMBER 14, 2010 10 -381 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE GRANTING PRIVILEGE IN STREET TO MULTIMEDIA COMMUNICATIONS & ENGINEERING AND OSHKOSH AREA SCHOOL DISTRICT TO INSTALL FIBER OPTIC CABLE WITHIN THE RIGHT -OF -WAY AT VARIOUS LOCATIONS — WISCONSIN STREET /CHURCH AVENUE AREA TO 215 WAUGOO AVENUE INITIATED BY: MULTIMEDIA COMMUNCATIONS & ENGINEERING, PETITIONER; OSHKOSH AREA SCHOOL DISTRICT, PETITIONER/OWNER PLAN COMMISSION RECOMMENDATION: Approved w /conditions WHEREAS, Multimedia Communications & Engineering, petitioner, and Oshkosh Area School District, petitioner /owner, requests the Common Council grant a privilege in street to Multimedia Communications & Engineering, general contractor and other subcontractors as may be required to install fiber optic cable within the right -of -way at various locations from the Wisconsin Street/Church Avenue intersection to 215 Waugoo Avenue; and WHEREAS, Section 66.0425, Wis. Stats., provides for the granting of a privilege in a right -of -way; and WHEREAS, the Plan Commission 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 Multimedia Communications & Engineering, general contractor and other subcontractors as may be required to install fiber optic cable within the right -of -way at various locations from the Wisconsin Street/Church Avenue intersection to 215 Waugoo Avenue, per the attached, and upon completion of said installation, Oshkosh Area School District will assume liability for said fiber optic cable within the right -of -way, contingent upon the following: 1) The fiber optic cable 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. F0►, DECEMBER 14, 2010 10 -381 RESOLUTION CONT'D 3) Any problem which may arise as a result of the placement of the fiber optic cable be the responsibility of the contractors and 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 fiber optic cable 5) The fiber optic cable be modified or removed immediately upon the request of the City. 6) The fiber optic cable be part of and documented with Digger's Hotline system. 7) The petitioner, contractors and owner of the fiber optic cable 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, contractors and owner of the fiber optic system execute hold harmless agreements with the City. 10) At the time a street along the proposed route is reconstructed resulting in the underground relocation of existing aerial utilities, the School District will be required to underground their facilities at their expense. ./THKOJH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Buric Director of Planning Services DATE: December 9, 2010 RE: Approve Granting Privilege in Street to Multimedia Communications & Engineering and Oshkosh Area School District to Install Underground Duct and Fiber Optic Cable within the Right -to -Way at Various Locations (Plan Commission Recommends Approval) BACKGROUND The Oshkosh Area School District recently acquired the property at 215 Waugoo Avenue and is proposing to connect this building to the former Lincoln School building at 608 Algoma Boulevard via fiber optic cable in city right -of -way per the attached plans. ANALYSIS The fiber optic cable will be routed by a combination of 2" duct installed by directional borings and aerially by use of existing Wisconsin Public Service owned poles. The petitioner coordinated their design with the Department of Public Works to ensure no conflicts with city utilities and Public Works has reviewed the request and has no concerns with the proposed installation. The Department of Community Development is recommending that at the time a street along the proposed route is reconstructed resulting in the underground relocation of existing aerial utilities, the School District will be required to underground their facilities at their own expense. Staff is recommending approval of the privilege with the other conditions typically required for this type of request. FISCAL IMPACT None anticipated. RECOMMENDATION The Plan Commission approved of this request at its December 7, 2010 meeting. Approved, /e(04--/e64 City Manager N OF FIBER ITEM: GRANT PRIVILEGE IN THE STREET R LINCOLN ELEMENTARY OPTIC CABLE CONNECTING THE SCHOOL 608 ALGOMA BOULEVARD TO 215 WAUGOO AVENUE Plan Commission meeting of December 7, 2010 GENERA INFO RMATION Petitioner: Multimedia Communications and Engineering, Inc. /Oshkosh Area School District Owner: City of Oshkosh Action Requested: Multimedia Communications and Engineering, Inc. and th connecting e r Area former School Li District are requesting to install fiber optic cable in city right-of-way Elementary School (608 Algoma Boulevard) to 215 Waugoo Avenue. Applicable Comprehensive Plan and Subdivision Regulations Provisions: N/A but any location of a non -city or public utility use in city right -of -way requires the issuance of a privilege in street permit. Property Location and Type /Analysis: The Oshkosh Area School District recently acquired the property e former Lincoln School building at 608 School District is proposing to connect this building to the Algoma Boulevard via fiber optic cable per the attached plans. and aerially f ib r o tic of leis l be routed by a combination of 2" duct installed by directional borings, an Wisconsin Public Service owned poles (see attached plans). The P etitioner coordinated their design with the Department f Public the quest e su r no re ccn wi city utilities. The Department of Public Works has reviewed with the proposed installation. is Staff is recommending a condition that at the time a street a aerial proposed route the School District reconstructed resulting in the underground relocation of g will be required to underground their facilities at their own expense. The Oshkosh Area School District is a registered member with Diggers Hotline and will be responsible for locating and marking the cables when requested. RECOMMENDATION /CONDI Staff recommends approval of the privilege in the street request with the following conditions: the Department of by 1) The fiber optic system be installed in a manner es inaconstruction procedure without prior Public Works with no modifications or Chang approval by the Department of Public Works. 2) If no longer needed, the fiber optic system 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 the placement of the fiber optic system 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 fiber optic system. 5) The fiber optic system be modified or removed immediately upon the 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 privilege in street 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. 10) At the time a street along the proposed route is reconstructed resulting in the underground relocation of existing aerial utilities, the School District will be required to underground their facilities at their expense. The Plan Commission approved 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 as well as the route of the fiber optic cable. He explained that the School District had recently purchased the building at 215 Waugoo Avenue necessitating the request for the privilege to connect their facilities. The request has been reviewed and approved by the Department of Public Works with the standard conditions recommended for such requests with an additional condition that if a street along the proposed route is reconstructed resulting in the underground relocation of existing aerial utilities, the School District would be required to underground their facilities at their expense. There was no discussion on this item. Motion by Thoms to approve the consent agenda as requested with the following conditions for Item I B. : 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 system 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 the placement of the fiber optic system 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 fiber optic system. 5) The fiber optic system be modified or removed immediately upon the request of the City. Item -Priv in St- Algoma to Waugoo 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 privilege in street 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. 10) At the time a street along the proposed route is reconstructed resulting in the underground relocation of existing aerial utilities, the School District will be required to underground their facilities at their expense. Seconded by Borsuk. Motion carried 8 -0. Item -Priv in St- Algoma to Waugoo City of Oshkosh SUBMIT TO: General Application Dept. of Community Development OJIN 215 Church Ave., P.O. Box 1130 ON THE Oshkosh, WI 54901 PHONE: (920) 236 -5059 * *PLEASE TYPE OR PRINT USING BLACK INK•+ APPLICANT INFORMATION Petitioner: Multimedia COmmunications & Engineering Date: 1 1-12-2010 Petitioner's Address: PO Boc 11064 City: Green Bay State: WI Zip: 543°7 -1°64 Telephone #: (920) 676 -3496 Fax: ( 920) 469 -9770 Other Contact # or Email: dbecker @mcae.biz Status of Petitioner (Please Check): ['Owner ✓02epresentative Tenant ❑ Prospective Buyer Petitioner's Signature (required): Date: 11-12-2010 OWNER INFORMATION Owner's): Oshkosh Area School District D 11-12-2010 Owners) Address: 215 South Eagle St City: Oshkosh state: WI zip: 54903 Telephone #: ( 920) 424-0016 Fax: ( 920) 424 -0466 Other Contact # or Email: da` "d.Qundiach:•∎oshkosh.k12.wi.us Ownership Status (Please Check): ['Individual OTrust [' Partnership ID 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 Plannin rvices Division r into ete sub au ions or other administrative reasons. Property Owner's Signature: Date: 1// TYPE OF RE it UEST: • Access Control Variance ■ Easement GI Privilege in Street (identify) Fiber Optic Cable Placement in Right of Way I♦ Other (identify) • SITE INFORMATION Address/Location of Proposed Project: Court St, Madison St, Merritt Ave, Church Ave, Wisconsin St Proposed Project Type: Fiber Optic Network Installation Current Use of Property: Zoning: Land Uses Surrounding Your Site: North: South: East: West: 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.ii — 'Jr 374 f : Multimedia Communications & Engineering, Inca M ' - PO Box 11064 Green Bay, WI 54307 -1064 ph (920) 676=0494 ..,6'44 Placing technology at your fingertips • November 12 2010 • TO: City of Oshkosh Planning Services Division FROM: Multimedia Communications & Engineering, Inc. on behalf of The Oshkosh Area School District. RE: Privilege in the Right Of Way Narrative Oshkosh Area School District (District) has recently purchased a property located at the Intersection of Waugoo Street and Court Street. The District intends on connecting this building to their'existing Fiber Optic Cable Network via a fiber optic cable inside a 2" HDPE duct placed within the City of Oshkosh Right of Way and along an existing aerial and underground path down Court Street, Madison Street, Merritt Ave, Church Ave, and Wisconsin Street. Please see the attached map for route details. All planned routes have been shared with the City Department of Public Works. The final route has taken into consideration any input from the Department regarding existing utilities, planned activities in the area, and future adjustments to streets, sidewalks, and other City Owned utilities. The construction method used to place the underground duct and fiber optic cable within the City's Right of Way will be Directional Bore. This method creates minimal noise and vibration levels that do not exceed the limits established in the municipal code. The benefit to the Directional Bore method is that it minimizes the amount of surface excavation necessary for installation. Operation of this equipment would be limited to normal working hours of 7:00 AM to 5:OOPM and will take into consideration any hours of work restrictions placed by the City. At no time would the construction activities extend outside the boundaries of the City ROW c County -owned properties. Given the schedule for moving in to this facility it is expected that the work will be completed by April of 2011. Any questions regarding this proposed project can be directed to the District's hired engineering firm Multimedia Communications & Engineering Contact Person Dan Becker 920 -676 -3496 or dbecker @mcae.biz. 4 OSHKOSH AREA SCHOOL DISTRICT • ] � ] � YI Place new cable along existing aerial path SECOND CHANCE FAICLITY: ! C Z Place new cable along existing underground path FIBER OPTIC CONNECTION ` III Install New 2" HDPE Duct across Court St to Site es Multimedia t7 CI- Communications & W � OVERVIEW DRAWING Engineering, Inc. — ! \ Construction Note clip : :Cal d� ;El o oO q7 13 I:1 0 D 0 �� �L ' • o i l i I ❑ ❑ ❑ o ❑o ❑ r► r. " O ° o I° . 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The City of Oshkosh is not re- Depaftment Of spo nsible for any inaccuracies herein contained. If discrepencies are found, please contact the Comm co unity Development City of Osh kosh. Sc a l e: 1 " = 500' 11/24/10 Created by - dff 9