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HomeMy WebLinkAboutUW-Oshkosh/underground steam/condensate lines 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: Replacement/Installation of steam and condensate lines and associated structures in the right-of-way of High Avenue, adjacent to 845 High Avenue, south of Rockwell Avenue, and Algoma Boulevard, adjacent to 800 Algoma Boulevard. 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 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 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 this 31 day of July , 2009. MIRON CONSTRUCTION COMPANY, INC. ✓`�/ By: And: /` Name &Title: Dean J. Basten Name &Title: Tim Kippenhan Secretary/Treasurer Vice President STATE OF WISCONSIN ) SS. WINNEBAGO COUNTY) Personally came before me this & day of , 2009, the above-named b*AN 3, CAA k .C`( -TAKI/TIZFA (.4. .arr and title) and -iltt►afty A-KirPk=tai hl VitE. f'( WStbahlr (name and title) to me known to be the person and officer who executed the foregoing document on behalf of said MIRON CONSTRUCTION COMPANY, INC. and acknowledged the same. l ` Notary Public, V.4)0414pt C Co., Wi_consin My Commission: > x('4*LES I/ �-./3 i Attachment: Exhibit A - Resol. #09-253 and attachments 7/14/09 meeting of the Oshkosh Common Council JULY 14, 2009 09-253 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE GRANTING PRIVILEGE IN STREET TO UW-OSHKOSH FOR CONSTRUCTION/REPLACEMENT OF UNDERGROUND STEAM AND CONDENSATE LINES ADJACENT TO 845 HIGH AVENUE AND 800 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 its contractors as may be required for the replacement/installation of steam and condensate lines and associated structures in the right-of-way of High Avenue, adjacent to 845 High Avenue, south of Rockwell Avenue, and Algoma Boulevard, adjacent to 800 Algoma Boulevard., per the attached; and WHEREAS, upon final installation of said steam and condensate lines, 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/replacing steam and condensate lines and associated structures in the right-of-way of High Avenue, south of Rockwell Avenue, and Algoma Boulevard, adjacent to 800 Algoma Boulevard., per the attached, contingent upon the following: 1) The private steam and condensate lines 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 and condensate lines be properly abandoned and removed in accordance with City standards and under the direction of the Dept. of Public Works. JULY 14, 2009 09-253 RESOLUTION CONTD 3) Any problem which may arise as a result of the placement of the private steam and condensate lines be the responsibility of the 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 and condensate lines. 5) The private steam and condensate lines be modified or removed immediately upon the request of the City. 6) The private steam and condensate lines 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. OJHKOJH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Jackson Kinne Director of Com ity Development DATE: July 9, 2009 RE: Grant Privilege in the Street to UW-Oshkosh for Construction/Placement of Underground Steam and Condensate Lines Near 845 High Avenue & 800 Algoma Boulevard BACKGROUND/SUBJECT PROPERTY The subject site is located on High Avenue south of Rockwell Avenue as well as across Algoma Boulevard in front of Dempsey Hall, 800 Algoma Boulevard. This request is for the University's plan to repair or replace several hundred feet of steam and condensate lines and associated structures located on campus. ANALYSIS The University is requesting the privilege in street for private steam and condensate lines to be installed under existing City right-of-way. 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 July 7, 2009 meeting. Approved, City Manager ITEM: GRANT PRIVILEGE IN THE STREET FOR REPLACEMENT OF UNDERGROUND STEAM & CONDENSATE LINE SECTIONS AT 845 HIGH AVENUE & 800 ALGOMA BOULEVARD (UNIVERSITY OF WISCONSIN-OSHKOSH) Plan Commission meeting of July 7, 2009 GENERAL INFORMATION Petitioner: Chris Miles, University of Wisconsin-Oshkosh Owner: City of Oshkosh Action Requested: Installation of steam and condensate lines across High Avenue south of Rockwell Avenue, as well across Algoma Boulevard in front of Dempsey Hall, 800 Algoma Boulevard. This request is for the University's plan to repair or replace several hundred feet of steam and condensate lines and associated structures located on campus. 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: Private steam and condensate lines will be installed under existing city right-of-ways per the attached illustrations. The Department of Public Works has reviewed the requests 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 The Department of Community Development recommends approval of the privilege in the right- of-way for the installation of steam and condensate lines as requested with the following conditions: 1) The private steam& condensate lines 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 lines 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 lines be the responsibility of the petitioner, contractors and owner to correct in coordination with the Dept. of Public Works. Privilege in Street (4111-1) City of Oshkosh SUBMIT TO: Ol -I General Application Dept.of Community Developme-' ON- WATER 215 Church Ave.,P.O.Box 11: Oshkosh,WI 54901 **PLEASE TYPE OR PRINT USING BLACK INK** PHONE:(920)236-5059 APPLICANT INFORMATION Petitioner: UW Oshkosh - Chris Miles Date:6-1-2009 Petitioner's Address:800 Algoma Blvd City:Oshkosh State: WI zip: 54901 Telephone#:(920) 424-2006 Fax:(920) 424-0259 Other Contact#or Email:milesC @UWOSh.t?du Status of Petitioner(Please Check): [Owner[representative enant �� ���' OProspective Buyer Petitioner's Signature(required): '3/'Vv` t•e' Date:_41 OWNER INFORMATION Owner(s): UW System Board of Regents - Tom Sonnleitner Date:6-1-2009 Owner(s)Address:800 Algoma Blvd City:Oshkosh t3' State•WI Zip. 54901 Telephone#:(920) 424-3030 Fax:( 920) 424-2240 Other Contact#or Email:SOnnleit @uwosh.edu Ownership Status(Please Check): Dlndividual Trust QPartnership []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 P1 ing Services Division f r incom lete submissions or other administrative reasons. Property Owner's Signature: G% e: CO —/ +�a R 9 1 I TYPE OF RE 0 UEST: •Access Control Variance Il Easement IJ Privilege in Street(identify) Utility Laterals in High Ave and Algoma Blvd R-O-Ws-See Attached Drawings Other(identify) SITE INFORMATION Address/Location of Proposed Project: 845 High Avenue; 800 Algoma Blvd 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;R-5 PD-UWO Campus Buildings South: R-5 PD-UWO Campus Buildings; R-5 PD-UWO Campus Buildings East: R-5 PD-UWO Campus Buildings; R-5 PD-UWO Campus Buildings West: R-5 PD-UWO Campus Buildings; R-5 PD-UWO Campus Buildings > Application fees are due at time of submittal.Make check payable to City of Oshkosh. > 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 144 1 Staff in Date Rec'd 3 4) All appropriate permits be obtained prior to the start of placement of the private steam & condensate lines. 5) The steam & condensate lines 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. There was no discussion on this item. Motion by Nollenberger to move approval with the following conditions: 1) The private steam& condensate lines 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 lines 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 lines 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 lines. 5) The steam & condensate lines 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 Lowry. Motion carried 9-0. Privilege in Street 2 UW-OSHKOSH - Pits A2-A2A/H2-113 Steam Line Repairs—DSF Project No. 08K2J Project Contacts Owner Representative: Randall B. Mattison, P.E. State of Wisconsin/Dept. of Administration/Div. of State Facilities 101 E. Wilson St., 7th Flr.—P.O. Box 7866 Madison, WI 53707-7866 (608) 266-1799 email: randall.mattison(a�wisconsin.gov Facility Representative: Christine Miles UW-Oshkosh/Facilities Management/Planning& Construction 800 Algoma Blvd. Oshkosh, WI 54901 (920) 424-2006 email: milesc @uwosh.edu Engineer: Steven P. Skattebo, P.E. Engineering Concepts Inc. 1215 South Grandview Blvd. Waukesha, WI 53188 (262) 547-6118 email: steves@eciengineering.com Contractor: Miron Construction Company, Inc. 1471 McMahon Dr Neenah, WI 54956 (920) 969-7000 Project Schedule 6/17/09 State Building Commission Final Review&Approval 7/07/09 City of Oshkosh Planning Commission Review 7/14/09 City of Oshkosh Common Council Review 7/15/09 Contractor Mobilization 9/15/09 Construction Complete Description of Work This project repairs or replaces 420 LF of underground steam and condensate line sections between pits at two locations, one section crossing Algoma Boulevard and another crossing High Avenue. This project repairs 140 LF of existing concrete vault crossing Algoma Boulevard between steam pits A2 and A2A, located near the front entrance of Dempsey Hall. Project work includes excavating the pipe vault and steam pit A2, removing the vault cover, repairing structural damage, re-insulating the steam line, constructing a new vault cover, and waterproofing the pit vault and pit A2. A new drain tile will be installed on both sides of the pit vault for the entire length between pits A2 and A2A. 4 UW-Oshkosh Steam Repairs Page 2 of 2 The project also replaces 280 LF of direct buried, 8-inch steam line crossing High Avenue between steam pits H2 and H3, located near the Facilities Management Center. Project work includes constructing between 210 to 280 LF of new concrete vault to enclose the new steam line and existing condensate line and a new steam pit, as necessary. Repairing or replacing the degraded steam line sections will allow the campus utility to operate efficiently and properly. The deteriorated condition of the steam lines negatively impacts the energy efficiency of the steam distribution system and results in significant and unexpected spikes in the steam load. In addition approximately 63 LF of 8-inch chilled water supply and return lines will be placed in the same trench as the concrete vault for future use with the new academic building planned for the Facilities Management building site. Pits A2 and A2A are located in the center of campus in an area of high foot traffic. During the spring thaw or during heavy rain, water infiltrates these vaults and flashes into steam when it comes into contact with the steam and condensate lines. As a result, significant steam clouds emanate from these pits and cause a safety concern for the pedestrians and vehicular traffic along Algoma Boulevard. On several occasions, steam has seeped into the basement of Clow Hall and has set off the fire alarm. The section of condensate line between pits H2 and H3 was replaced in 1995 and again in 2002, the second time utilizing a PVC jacket. A portion of the condensate line was exposed during a summer 2008 excavation of a new electrical and signal conduit system installation. The outer jacket of the direct buried steam line had deteriorated, exposing large perforations of the outer PVC jacket that allowed ground water to come in contact with the steam line. Most of the insulation between the jackets was compromised. 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ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Green Bay WI Office HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 111 N. Washington Street, Suite 300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. G. 0. Box 23004 54 Green Bay WI 54305-3004 COMPANIES AFFORDING COVERAGE COMPANY Zurich American Ins Co L: PHONE- (920) 437-7123 FAX- (920) 431-6345 A r.°' INSURED COMPANY Insurance Company of the State of PA MIRON CONSTRUCTION CO., INC. B g 1471 MCMAHON DRIVE i P 0 BOX 509 COMPANY ,V NEENAH WI 54957-0509 USA O COMPANY D 7 . V,1,1_ ; ; .. z' ». t , ., -, .. 77,5 1 .. >i . 1-V:00s of the;'*4 , THIS IS TO CERTIFY THAT 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 CONTRACT OR 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE AS REQUESTED CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) Lri A GENERAL LIABILITY GLO 9259229-02 04/15/09 04/15/10 GENERAL AGGREGATE $2,000,000 0 GENERAL LIABILITY PRODUCTS-COMP/OP AGG $2,000,000 X COMMERCIAL GENERAL LIABILITY ul ICLAIMS MADE Ell OCCUR PERSONAL 8 ADV INJURY $1,000,000 0 OWNER'S 8 CONTRACTOR'S PROT EACH OCCURRENCE $1,000,000 Lm X AGGREGATE PER PRO) FIRE DAMAGE(Any one fire) $300,000 C X CONTRACTUAL LIAR MED EXP(Any one person) $10,000 4 d A AUTOMOBILE LIABILITY BAP 9259228-02 04/15/09 04/15/10 m COMBINED SINGLE LIMIT $1,000,000 u C ANY AUTO BUSINESS AUTOMOBILE r ALL OWNED AUTOS BODILY INJURY °� v SCHEDULED AUTOS (Per person) V X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY-EA ACCIDENT E ANY AUTO OTHER THAN AUTO ONLY r," :- � ; EACH ACCIDENT AGGREGATE B EXCESS LIABILITY BE 23649353 04/15/09 04/15/10 EACH OCCURRENCE $10,000,000 ElUMBRELLA FORM UMBRELLA LIABILITY AGGREGATE $10,000.000 OTHER THAN UMBRELLA FORM Retained Limit Amoun $10,000 A WORKER'S COMPENSATION AND WC 9259230-02 04/15/09 04/15/10 X WC LIMIT n ER R TORY LIMITS� � ! ._ G EMPLOYERS'LIABILITY WORKERS' COMPENSATION EL EACH ACCIDENT 11,001 THE PROPRIETOR/ X INCL EL DISEASE-POLICY LIMIT $500,000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE $500,000 MI 2 4: MLA DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS PI RE: PRIVILEGE IN STREET PERMIT / CITY OF OSHKOSH. SEC. 66.045, WIS STATS. ADDITIONAL INSURED ON THE GENERAL LIABILITY THE CITY OF OSHKOSH AS RESPECTS THE PROJECT NAMED ABOVE PER BLANKET ADDITIONAL INSURED ENDORSEMENT. _ ... SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF OSHKOSH EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL �- CITY HALL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, P CBOC1 AVENUE Box X 1130 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY P.O..o OSHKOSH WI 54903-1130 USA OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. II4U AUTHORIZED REPRESENTATIVE r-� /�} �p �p �i cXe. . c7 C �✓srn A- 's' t °:its -. e " . .;;. :. a .. .- _ itz i.7 ii,".` -,.: .,.. .. ."A i' W: i'7 4 R` R Ll. 1. T :- TRANS# 000003 Building Excellence" LETTER OF TRANSMITTAL TO: City of Oshkosh Date : 8/05/09 City Attorney' s Office Re : Owner Contract 215 Church Avenue PO Box 1130 Oshkosh WI 54903 WE ARE SENDING YOU: X Attached Under separate cover Shop Drawings Plans/Specifications _ Project Mod. No. Copy of Letter Miron Purchase Order Copies Description 01 Certificate of Liability Insurance . THE ABOVE IS TRANSMITTED AS MARKED BELOW: For Approval _ For Your Signature _ For Your Response X For Your Use & Info X As Requested REMARKS : Certificate of insurance for replacement/repair of steam condensate lines for the City of Oshkosh. Thank you. PREPARED BY: Sandy A. Wagner Training & Records Manager copy: Contract File Corporate Office P.O.Box 509 Neenah,WI 54957-0509 MIRON CONSTRUCTION CO., INC. 1471 McMahon Drive Neenah,WI 54956 Building Excellence Phone:920/969-7000 Fax:920/969-7399 www.miron-construction.com