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Home My WebLink AboutWPS AGREEMENT t17'~ r ¡ wn ¡ I: WHEREAS, thE! City of U.hko:;!i 'Wi, \1""'1.0", w ,he illvJerslgncJ D within the street right-of-way a~ follows: [0 pla(,(, :"n ob(,lruetlon Installation of ground water mon;t"""g w"li\> W!!11iì1 the pub;;.; ,ì¡¡'"",¡.way ,,' FJonecr Drive, per attachment fully incorporated withi" ,hi" Ag.""r'Mnt by re<:,:iOIl uid"rsiqnfi! ¡¡I'all become Ih~ Î,nln\lgo: WHEREAS, Slate law provides that I.:y it; primarily responsible for damages 10 pelson '" NOW, THEREFORE, in consld""Jt,o" of UK' 01 Oshi<Oi,i1, Corp',"';',)) granting permission to the undersigned to place an ol¡;;i,ur'¡,Oii lh& ¡,tfC<)! !he ,mder",gn€d ¡¡grees thai he/she/it is solely responsiblo lor his/hul,';!'; adi'illic:i lInder ihis ;311[<,,"" un(Jcr:;¡gned hHroby releases the City of Oshkosh trom all ,1ell!, ~1"lrn5, (if;IPiJr\d,;, daf1liJV',i" ~nd e"""E!5 of mAlon whatsoever which may result from the pl;:II,:emenl an nbs!ru(;tloi'! ','.('1 r'Ohlo! way by the undersigned, Further, the undersigned ~9'œ:; 10 pIC;""') "nel ; ,Old thl: C¡'¡ 11é¡rr'n'c'c;s "!.Joins! <>11 actions, claims and demands of ""IY kind I.Ir N¡',dl~'O'Nljr which way i)li. cau$"d by Ihe activities under this privilege by the undersIJ'""i IJ1 ¡"'¡ploy""'" vnrhl "i9",)<1 agrees to Indemnify and refund to the C:ty ali such $ums Iii" Cíly Ü!,i'!,pHd or .",judged 10 pay, including the City's attorney fees 'Jild çosts, on "UCII "cl,ÜIIS, elall11s or wlltlin 30 ()éIYS after written request for such indemniflçation. The undersigned a¡;I"'ÆS that this pal au, '¡P" ,~; i') ::>e liberally Ç{)nstrued in favor of the City of Oshkosh, in consideration of tllc privilege 9",ntnd by Ii", Ci/ "i,d.,,' this ",!)'eerne!1t. This agreement and the privilege (;annot be assigilcd "'Itho'it the wnt(en ÇCI"",¡¡j ()i ¡he City of Ost¡kOS11, The privilege is subject to all terms ¡;¡nd condition'" wntai¡l()(j in any aulhurízi"iJ '<eou;ul:OiJ adoptçd by the City of Oshkosh Common Council, whit;11 is incolpomil;d i ~i,,'ell(", as if I,,!i)' recit,,] WllIlIf1 ¡hi" document. By exeçuting this agreernent and [¡y using the pnv¡ieUH, Uildersrgncd agrr)e.s li,i a[¡ide by 51 ¡err terms and conditions, including revocation upon wrrlterr 1101"::8 101 nonCOmpllil11CQ WI!', IÜS;Qllition <md this agreement. Dated this ';;:¡""'day of 'f(\a,<",-h , 2004, :a::=~-- And:____.-.----.,----.,--,--.------.,-- ,--,.,..--- STATE OF WISCONSIN I ) SS. WINNEBAGO COUNTY) PeJ'SonJJily came before me this _:1_y.¡t-.-day of ~ '2UO4, tile ¡Jl)ove.narned (' ~ ~~-~,._-_.,..__._._._,--- 10.'1'\"' rCflown !e 15£; ,l1e pe($on(s) who executed the foregoing docurn ton behalf 01 smo ""-,I S" "',10,' Wi, " '" Sin" P, u- J, bIiC,"',',",',',V, ,";>", an(; a,,¡',,1OW, it;dged the same, ~_<..:..."cZ.."-.,/..~ IJoiwv Put);";, Co" Wic.cons;/I . My C':,mn IÌSSiofl_lfu..(J,_IG {..dcooý- - Attachment: Resol, #04-54 dated 3/09/04 or the O,liimsh Common Cue:",;; w/attached "Exhibit A", Form B (Additional Insured) Certificate Number: 101693 ASSOCIATED ELECTRIC & GAS INSURANCE SERVICES LIMITED Hamilton, Bermuda CERTIFICATE OF INSURANCE (Excess Liability) This Certificate is furnished to the Certificate Holder named below as a matter of information only, Neither this Certificate nor the issuance hereof modifies the policy of insurance identified below (the "Policy") in any manner, The Policy terms are solely as stated in the Policy or in any endorsement thereto, Any amendment, change or extension of the Policy can only be effected by a specific endorsement issued by the Company and attached to the Policy. The undersigned hereby certifies that the Policy has been issued by Associated Electric & Gas Insurance Services Limited (the "Company") to the Named Insured identified below for the coverage described and for the policy period specified, Notwithstanding any requirements, terms or conditions of any contract or other document with respect to which this Certificate may be issued orto which it may pertain, the insurance afforded by the Policy is subject to all of the terms of the Policy, NAME OF INSURED: Wisconsin Public Service Corporation PRINCIPAL ADDRESS: 700 North Adams Street, Green Bay, Wisconsin 54301 POLICY NUMBER: X0215A1A97 POLICY PERIOD: From: 11/15/03 To: 11/15/04 RETROACTIVE DATE: November 15, 1986 DESCRIPTION OF COVERAGE: Claims-First-Made Excess Liability Policy covering claims for Bodily Injury, Property Damage and Personal Injury arising from the operations described below. LIMIT OF LIABILITY: $2,000,000.00 per occurrence and in the aggregate, where applicable ADDITIONAL INSURED: Tbe Certificate Holder is an additional insured under the Policy but only (i) to such extent and for such Limits of Liability (subject always to the terms and Limits of Liability of the Policy) as the Named Insured has agreed to provide insurance for the Certificate Holder under the following contract: Wisconsin Public Service to install ground water monitoring wells within the public right-of-way of Pioneer Drive in Oshkosh, Wisconsin per Resolution #04-54 dated 3/9/04 of the Oshkosh Common Council and (ii) with respect to the following operations: Wisconsin Public Service to install ground water monitoring wells within the public right-of-way of Pioneer Drive in Osbkosh, Wisconsin per Resolution #04-54 dated 3/9/04 of the Oshkosh Common Council. Should the Policy be cancelled, assigned or changed in a manner that is materially adverse to the Insured(s) under the Policy, the undersigned will endeavor to give 30 days advance written notice thereof to the Certificate Holder; but failure to give such notice will impose no obligation or liability of any kind upon the Company, the undersigned or any agent or representative of either, DATE: ISSUED TO: March 16, 2004 City of Oshkosh 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903 ("Certificate Holder") AEGIS INSURANCE SERVICES. INC, BY: l.A~ I'J Jersey City, New Jersey 9001 (8187) Copies: White--Certificate Holder; Canary--Aegis Insurance Services, Inc.; Pinko-Insured; Goldenrod--Broker MARCH 9, 2004 04-54 RESOLUTION (CARRIED 6-0 LOST LAID OVER WITHDRAWN PURPOSE: GRANT PRIVILEGE IN STREET / PIONEER DRIVE INITIATED BY: NATURAL RESOURCE TECHNOLOGY & WISCONSIN PUBLIC SERVICE PLAN COMMISSION RECOMMENDATION: Approved w/conditions WHEREAS, Natural Resource Technology has requested the Common Council to grant them the privilege of installing ground water monitoring wells within the right-of- way of Pioneer Drive, per the attached "Exhibit A"; 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 Natural Resource Technology the privilege of installing monitoring wells within the right- of-way of Pioneer Drive, per the attached "Exhibit A", contingent upon the following: 1 ) 2) The monitoring well be installed in a manner that is approved by the Department of Public Works. If no longer needed, the monitoring well 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 well be the responsibility of the petitioners to correct in coordination with the Department of Public Works, All appropriate permits be obtained prior to the start of boring or excavation work. The monitoring well be modified or removed immediately upon the request of the City. The petitioners 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. It is the responsibility of the petitioners 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 petitioners execute a hold harmless agreement with the City. City Administration reserves the right to approve final location of the monitoring well. 3) 4) 5) 6) 7) 8) 9)