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Home My WebLink AboutK Singh & Associates Inc City Attorney's Office Phone: (920) 236-5115 Fax: (920) 236-5090 June 11,2004 Mukesh K. Jain, Ph. D. K. Singh & Associates, Inc. 1135 Legion Drive Elm Grove, WI 53122 RE: Privilege in Street Permit/City of Oshkosh Sec. 66.045, Wis. Stats. Dear Sir: On June 8, 2004, by resolution #04-186, the City of Oshkosh Common Council approved your request for a privilege in street permit subject to certain conditions that are made a part of the approval resolution. In order for the permit to be valid, each one of these conditions must be satisfied. To that end, please find enclosed for your signature an Agreement releasing, and holding the City harmless, from all liability arising from your use of the permit. This, along with the insurance filing requirements ($200,000/$500,000 limits) are part of state law that enables the City to allow you this use. Kindly return to this office the signed Agreement along with your proof of insurance, either a separate policy or naming the City as an additional insured on your policy. Please have the proper officials of your company execute and return to us as soon as possible. These conditions of approval must be met before you exercise the privilege in the street. If not, the city is empowered to shut down any activities undertaken before the paperwork is finished. Direct any questions about insurance and liability releases to this office. Any other questions concerning the remaining conditions should be directed to the Public Works Department at 236-5065. Thank you very much for your timely cooperation in these matters. Sincerely, CITY OF OSHKOSH \ m..~œr--.~ ~ fff ~1 \.\ì) "'IN 182004 lW \ Lynn A. Lorenson Asst. City Attorney cc: ~la R. UbrignCity Clerk Dave Patek, Dir. of Public Works Darryn Burich, Com. Development i . . or;, . ...-.-.-..- -, -_.-,-' FpOM : M&K ENV. & SOILS DRILLING FAX NO. : 1 262 285 4358 &9~ Jul. 0E 200408:56AM PI 07/01/2604 .--- lb: 48 2b28211114 K SINGH ASSG INC PAGE 02 AGREEMENT WHEREAS, the City of Oshkosh has granted to the undersigned e privilege to plSCf an otl511"uction wfthl) the street right-of-way a$, follOWS: Installing monitoring wells within the pubUc right-of-way of S. Main Street aMI!. 15th Avenue adjacantto 1424 S. Main Street, per the attached exhibit A. WHEREAS, state law provides that i>y its acceptance of this prlvUege the undersign. d shaY become primarily respunslbJe for damages to pel$on or properly by reason of the granting of me prì\ liege; NOW, THEREFORE, in consideration of the City of Oshkosh. a Municipal Corpcra~on granting permission to the undersigned to place an obstruction within the street right-of-way, the unde rstgned agrees that he/shellt Is sol6ly résponslble for hislherlit:o ecllvlties under thIs agreemont. ~Îhe unde'slgned hereby releases me (¡ity of õshkos" from ail cieb~ claims, demands, damages, e"lions a¡;¡j """ses of 5GttOn whaisoever which may result 110m the placement 01 an obstrüctlon h. t:".e street right of-way by tho ünde.-&lgned. l"ü"o'1er. tl;e ünderslgned agrees to protect and hold the City of o-...hkosh hs"" less ":¡a!ns! ail ac'Jons, c1alms "~.d deml:nds of any k;r,ó or charecler Y.~e!$^...ever which may in any W!'!Y. b. oause<! by the ao!!vltIee und~ \h¡'¡ privilege DY \he ~nd~!1!!gneI;I or agents or employees,. Further, the uncie 'slgned agrees 10 indemnify and Mfund to 11\" City ail such sums Which the City may be obligated or adjudged to pay, Including the CíW's attorney fees and costs. On such actIon<i, clsl!':".. or demands ",'.hln :¡C (¡; yo after written request for such lodemnl!lcatlon. rhe undersigned agreas that this palOl9raph is to be libeta Iy construe<! in favor of the City of Oshkosh, In consideration of the privUege granted by IDe City under this I¡greement. This agraement aod the privilege cannot be ess!gned wIIhQut the written consent of the City of Oshkosh, The prM/egI 16 subject to aIJ tarms ~ conclillOfl$ contained In any authorizing' rftSOltJtion edopta j oy me City of Oshkosh Common COuncil, WI'I1Cn Is Incorpomted by reterenœ as If fully recited wiihin this document. By elCec1Jtlng this agreement and by u¡jog ¡he ptiViege, the underslgneà ~ W luiiy abide by ,.uch te.-ms al'id conditions, incíuòlng revoœiíon upon written ooIiœ Iûf' OOi'iOOffopli..nœ wHJ1 the a¡¡~~M"ÌZ\ng res ,Iuton <>nd Inis agr""ITI"IÎL Dated this qH¡" day of -T ~ - , 2004. I K. SINGH AND ASSOCIATES INC, 1<J::fN. ~ Nam\!&Trtle: f'~~. 1oJ.5i~ -e)«?c- U, p vt11K Ç?,¡vJlft1J/'YlZ.JJ7ì't¿ 1... Anó:<::::6 OJ~t.iNc.~ C/J Name & Trtle: ?I: ~ ~k l;1~ 7A, AÎf By. STATE OF WISCONSIN) WINNEBAGO COUNTY ) ) $S. , 2004, the above-named tome koo,m to tie the Attachment: Exh. A - Reso/. #4-186 and attachments of Oshkosh Common Council Maeti", dated 618104. .' . . , . .. .. II I I I , I I I I I I I JUNE 8, 2004 04-186 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN PURPOSE: GRANT PRIVILEGES IN STREETS: (A) ALGOMA BLVD. & HIGH AVENUE (B) S. MAIN STREET & E. 15TH AVENUE (C) N. WESTHAVEN DRIVE (A) UW-OSHKOSH, PETITIONER (B) K. SINGH & ASSOC., INC., PETITIONER (C) HAMMES COMPANY, PETITIONER INITIATED BY: PLAN COMMISSION RECOMMENDATION: All approved w/conditions WHEREAS, UW-Oshkosh requests the Common Council to grant them the privilege of installing high voltage electrical duct bank along and across High Avenue, as well as the installation of chilled water supply and return lines across Algoma Blvd. near Taylor Hall, per the attached "Exhibit A"; and WHEREAS, K. Singh and Associates Inc., petitioner, requests the Common Council to grant them the privilege of installing monitoring wells within the public right- of-way of S. Main Street and E. 15th Avenue adjacent to 1424 S. Main Street, per the attached "Exhibit B"; and WHEREAS, Hammes Company, petitioner, requests the Common Council to grant them the privilege of installing telecommunications conduit within the public right- of-way of N. Westhaven Drive, adjacent to Aurora Medical Center, per the attached "Exhibit C"; and WHEREAS, Section 66.045, Wis. Stats., provides for the granting of a privilege in a right-of-way; and WHEREAS, the Plan Commission has approved of these requests 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 the privilege of installing high voltage electrical duct bank along and across High Avenue, as well as the installation of chilled water supply and return lines across Algoma Blvd. near Taylor Hall, per the attached "Exhibit A", with the following conditions: .. ,. . I . I I I I I I I I I I I I I I 4) 5) 6) JUNE 8, 2004 04-186 RESOLUTION CONT'D Alqoma Blvd. & Hiqh Avenue (cont'd) 1) The lines 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. If no longer needed the lines are to be properly abandoned and removed in accordance with City standards and under the direction of the Department of Public Works. Any problem that may arise as a result of the placement of the lines be the responsibility of the petitioner/owner to correct in coordination with the Department of Public Works. All appropriate permits be obtained prior to the start of placement of the lines. The lines be modified or removed immediately upon the request of the City. The petitioner 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. 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 within 10 days of notice. The petitioner execute a hold harmless agreement with the City. 2) 3) 4) 5) 6) 7) 8) BE IT FURTHER RESOLVED that the proper City officials are hereby authorized and directed to grant K. Singh and Associates Inc., petitioner, the privilege of installing monitoring wells within the public right-of-way of S. Main Street and E. 15th Avenue adjacent to 1424 S. Main Street, per the attached "Exhibit B", with the following conditions: 1 ) 2) The monitoring wells be installed in a manner that is approved by the Department of Public Works. If no longer needed, the monitoring wells are to be properly abandoned and removed in accordance with City standards and under the direction of the Department of Public Works. Any problem which may arise as a result of the placement of the monitoring wells will be the responsibility of the petitioner/owner to correct in coordination with the Department of Public Works. All appropriate permits are to be obtained prior to the start of boring or excavation work. The monitoring wells are to be modified or removed immediately upon request of the City. 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. 3) ... : -- .. - , lit III , . . I I I I I I I I I JUNE 8, 2004 04-186 RESOLUTION CONTD S. Main Street & E. 15th Avenue (cont'd) 7) It is the responsibility of the petitioner/owner to file in a timely manner a new certificate of insurance 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 10 days of notice. The petitioner/owner execute a hold harmless agreement with the City. The City Administration reserves the right to approve final location of the monitoring wells. 8) 9) BE IT FURTHER RESOLVED that the proper City officials are hereby authorized and directed to grant Hammes Company, petitioner, the privilege of installing telecommunications conduit within the public right-of-way of N. Westhaven Drive, adjacent to Aurora Medical Center, per the attached "Exhibit C", with the following conditions: 1 ) 2) The conduit be installed in a manner that is approved by the Department of Public Works. If no longer needed, the conduit be properly abandoned and removed in accordance with City standards and under the direction of the Department of Public Works. Any problem which may arise as a result of the placement of the conduit will be the responsibility of the petitioner/owner to correct in coordination with the Department of Public Works. All appropriate permits are to be obtained prior to the start of boring or excavation work. The conduit is to be modified or removed immediately upon request of the City. 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. It is the responsibility of the petitioner/owner to file in a timely manner a new certificate of insurance 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 10 days of notice. The petitioner/owner execute a hold harmless agreement with the City. The City Administration reserves the right to approve final location of the conduit. 3) 4) 5) 6) 7) 8) 9) I "J[XHIBIT A" " .' ~ I' iI r r 'g ~ II ~! J ((jf¡) ~ U[?J~ , , -. . , , I I I ~ I I I , I .'~~I¡';j¡¡¡j! ÈI jij '--::!;~~:~!::;:"--' ,- --""," ,!,,;:,~',:"'d'O iimJI! "O"W . "EXHIBIT A" cont'd . -- .. . ~ ~ " ~ W " I " I , II Î L I .J "EXHIBIT A" DISCLAIMER High Ave. & Algoma Blvd. Thb mop I' .dthDt 0 '.golly ",.nI.d mop DO' o;:I:":;O::~tl:':::~':~:~:~ ~f~::"'::':~:'~~ City of Oshkosh Wisconsin o:~~':~~:::~;,:o;:~,:,~:;::~~:~:;:~,~:~~ty Community Development tho "to ,how. o.d It I, to h. "Otd rOt "f",... pu,p"" o.ly. Th. CIty ofO,h",h I,.ot ,t- 'po.,lhl. rOt DOy 'notto",l" h",;. "."1."'. If dl""p..d" '" fo..d, pI"" ".t..t tho 250 C;tyorO'h"'h. I e OJHKOJH ON THe WArn¡ N A 0 250 Feet I Created by - VR 4-30-04 ";" .. , .. .- II II " I- R I . I... I " I I , I I KSA K. SINGH & ASSOCIATES, INC. Engineers, Scientists and Environmental Management Consul/ants "EXHIBIT B" May 5, '2004 Mr. Darryn Burich Director Planning Service Division 215 Church Avenue P.O. Box, 1130 Oshkosh, WI 54903-1130 Project #4579 Subject: Monitoring Wells Installation in the Right-or-way ofS. Main.8treet and 15th Avenue for Condon Party Mart, 1424 S. MaID Street, Oshkosh, WI (BRRTS #03-71-001412, COMMERCE, #54901-6520-24) Dear Mr. Burich: On behalf of Condon Oil Company, we are requesting for permission to install bedrock wells in the right-of-way ofS. Main Street and in the right-of-way of 15th Avenue for the referenced site. It is required by the Wisconsin Department of Natural Resources to install one bedrock well (MW-9A) in th,e vicinity of existing monitoring well MW-9 located in the west side walk of S. Main Street and to install another bedrock well (MW -lOA) in the vicinity of existing monitoring well MW-IO located in the right-of-way of 15th Avenue. The lòcationsofthese wells are shown in Figure 1. The purpose of installing these wells is to .define any impact to groundwater in bedrock. ' The soil boring will be conducted with a drill rig using eight and one quarter inch diameter hollow stem augers and ' air rotary techniques. The wells will be constructed with a nine inch diameter flush mount' protective casing, which will not interfere. with snowplows or other vehicles, The location may be modified slightly in the field to avoid underground utilities. Interference with trafficis expected to be minimal. These wells will be abandoned in accordance with NR 141.25 in approximately two years. . The required Application Form is included in AttacbnÍent A. A check of amount of $100 as application fee is also included. We intend to start this work as soon as possible after getting City permission. Please call us, if you have any questions regarding this submittal. Sincerely, K. SINGH & ASSOCIATES, INC. ~ ~~MD Mukesh K. Jain, Ph.D. Project Engineer R--J\:::1))V . hJ Pratap N. Singh, Ph.D., P.E. Project Manager cc: Mr. Toni Reinsch I Condon Oil Company, P.O. Box 184, Ripon, WI 54971 Ms. Kamala Singh 1 PECF A Claim File 1135 Legion Drive, Elm Grove, WI 53122 Phone: (262) 821-1171 Fax: (262) 821-1174 email: singh@execpc.com .. .. ,. .. " . II ~ ~ ~ ~ L.. ø ~ ~ , , , I , '. ' . '., y à~ ~ 30 ~ ~n~ ~ ~ ~" 0 :¡; jõ ~ " ~" ~ ~ ¡>¡ ggg~~ z;oj ;oj 8 ~ ;¡ ~ ~ffi ~ffi ~ ffi g ~ ~ ~m ~m ~m 0 ~ ~ ~~ ~~ ¡>¡~ ~ ~ ~ ~~ ~~ ~~ ~ß ~ ~ ,,~ "'~ ~:¡; 001 c ., ~ ., ~....~"':~:o w -' ~ ~ . ¡ --, "EXHIBIT B~ cont'd 0 ~ ¡w ~ ~ ffi !i ~ z ~ ~ ¡:¡ :J w ¡¡¡ ~ ~ ~ " ¡¡ ¡¡: ~ ~ " I" ¡¡: !:¡~~§[¡j~~- 0 ~ ~ ~ " o! 11111 I 1 I I I .~ ~ . b ~ --g ~ § ~ g ~ ¡ I ~ , w ¡ > ¡ : 1 "' ! - j i i i 11' , : i ,. . i . 0 0 z 0 z Iß ~ t)----,_. I ~ <c <;¡ ) (' J ~~ 1 :;:5 J g 13 yo [[J~~ '[ i~ a / :š~ 10 1 ! ! 00 ~ 0 j I i ! ... ,:' . .. III .. II, . , , , I: ,,' W I I ,O' I I I u"" I I . I ð '- õ -:". <Y ~ ~¿ v ~<:.J !,... Q ~ ~ ~ "EXHIBIT G" .:,¿ -+- ~ 0 ~ ::r -:::r- I i S2 - - - - - ~ ~ "" 1::1' . -:f~ \) I/) <;t: ~<>J ~ .". ::r I -, I I I ~ I ~~ ~'- """,-\I) ) tV ":::> "4: s: <:U :::> <5 .-C 1] 3 r ~ ~ + 0 -J ~ .;.:,¿ ..... ~ S; ~ cS ..s: (;; q) :$ ( c Lte.-: 7/~6/2004 Insurance Time: 10:15 AM Page: 002 To: @ 9,19202365090 I Ri ACORQ CERTIFICATE OF LIABILITY INSURANCE I DATE IMMIDDIYYYY} 07/16/2004 THIS CERTIFICATE IS ISSUED AS A MAHER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER (800)548-9326 FAX (262)334-1179 R & R Insurance Services, Inc. 215 North Main Street West Bend, WI 53095-3348 INSURED K Singh & Associates Inc 1135 Legion Dr Elm Grove, WI 53122 INSURERS AFFORDING COVERAGE INSURER A, Mount Vernon INSURERB' Travelers Property Casualty INSURER C, NAIC# 36161 INSURER 0, INSURER E COV"RAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NO1WITHSTANDING 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ,~~,\' N~r¡; 'TYPE OF INSURANCE POLICY NUMBER Pg"!¡t,~~~ GENERALLIABILfTY Cl2273513A 03/06/2004 X COMMERCIAL GENERAL LIABILITY ==d CLAIMS MADE ŒJ OCCUR - - GEN'L AGGREGATE LIMIT APPLIES PER I POLICY n jË'8T n lOC AUTOMOBILE LIABILfTY - ANY AUTO - ALL OWNED AUTOS - SCHEDULED AUTOS - HIRED AUTOS f- NON-OWNED AUTOS r- r- Pg\¡!fl~~"6'~N 03/06/2005 EACH OCCURRENCE DAMAGE TO RENTED LlMrTS $ $ 1 000,000 A MEDExP (A"I'""",,) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS. COMPIOP AGG 5,000 1,000,000 2,000,000 Excl uded COMBINED SINGLE LIMIT (E",,;d,,') BODILY INJURY (P""",,) BODILY INJURY (P"""',oI) $ PROPERTY DAMAGE IP""""oI) $ ñ~GE LIABILfTY H ANY AUTO h~SSIUMBRELLA LIABILfTY f--J OCCUR 0 CLAIMS MADE h DEDUCTlBlE H RETENllON $ WORKERS COMPENSATION ANa EMPLOYERS' LlABILfTY B ~~~I¿~2:~'¡T~J:~¿~ð'~~~~ECUTIVE ~~11c1:¡~~6~~~lgNS b,low OTHER AUTO ONLY. EA ACCIDENT $ OTHER THAN AUTO ONLY, EAACC $ AGG $ EACH OCCURRENCE AGGREGATE $ I $ IACRUB966Y044304 08/06/2004 08/06/2005 I -!ò~ml~s I I °J~ El. EACH ACCIDENT I EL DISEASE. EA EMPLOYEE I EL DISEASE. POLICY LIMIT I 500 00 500,000 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS AODED BY ENDORSEMENT I SPECIAL PROVISIONS ity of Oshkosh is 1 isted as an additional insured on the general 1 iabil ity pol icy as their interest may appear. (per Form CG20lO) CERTIFICATE HOLDER CANCELLATION SHOULD AfoN OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL --1Q.... DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMEO TO THE LEFT, City of Oshkosh BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LlABILllY 215 Church Avenue OF AfoN KIND UPON THE INSURER, rTS AGENTS OR REPRESENTATIVES, Oshkosh, WI 54901 AUTHORJZED REPRESENTATIVE {)-;wd J id-.- Donald Hauser/C228 ACORD 25 (2001108) @ACORDCORPORATION 1988