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HomeMy WebLinkAboutMercury Marine AGREEMENT WHEREAS, the City of Oshkosh has received an application for a privilege in street by the undersigned to place an obstruction within the street right-of-way as follows: Installation of a ground water monitoring well within the public right-of-way of Marion Road, approximately 110 feet east of 474 Marion Road (north side of the right-of-way, terrace) . WHEREAS, State law provides that the undersigned shall become primarily responsible for damages to person or property by reason of placing the obstruction within the street right- of-way; 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 he/she/it is solely responsible for his/her/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 the placement of the obstruction in the right-of-way or in activities placing the obstruction with the street right-of-way 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 allowing the placement of the obstruction in the right-of-way by the City under this agreement. This agreement cannot be assigned without the written consent of the City of Oshkosh. Placement of the obstruction in the right-of-way will be subject to all terms and conditions contained in any authorizing resolution adopted by the City of Oshkosh Common Council authorizing the privilege in street for the placement of an obstruction in the Marion Road right- of-way by the undersigned or representative. By executing this agreement and placement of the obstruction in the right-of-way, 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 j S day of )\.\4'«. h ,2004. MERCURY MARINE. ¿;;;;:> /l ~ .-,.,. By: 6a---~ And: STATE OF WISCONSIN) ) SS. WINNEBAGO COUNTY) it" M. Personally came before me this ~ day of Q.Vê ~ ,2004, the above-named OM ;3QUM q"'-¡"'€.\r tome known to be the person(s) who executed the fore oing document on behalf of said Mercury Maril" and acknowledged the same. MOk.,({~ '.. Notary Public, Fóv¡d, d u&1~ Co., Wisconsin My Commission: 3- S - 0(" City Attorney's Office Phone: (920) 236-5115 Fax: (920) 236-5090 http;/lwww.ci.oshkosh.wi.us May 13, 2004 Ms. Mary Clifford Sigma Environmental Services, Inc. 1300 E. Canal St. Milwaukee, WI 53233 RE: Privilege in Street Permit/City of Oshkosh Sec. 66.045, Wis. Stats. Dear SirlMadam: On March 23, 2004, by resolution #04-67, 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/$500,000 limits) are part of state law that enables the City to allow you this use. Kindly return to this office the signed Agreement along with your proof of insurance, either a separate policy or naming the City as an additional insured on your policy. I apologize for the delay in getting this document to you. Please execute and return to us as soon as possible. These conditions of approval must be met before you exercise the privilege in the street. If not, the city is empowered to shut down any activities undertaken before the paperwork is finished. Direct any questions about insurance and liability releases to this office. Any other questions concerning the remaining conditions should be directed to the Public Works Department at 236-5065. Thank you very much for your timely cooperation in these matters. Sincerely, CITY OF OSHKOSH Lynn A. Lorenson Asst. City Attorney cc: Pâ'f!'lelaR:.Ubrlg~;Cit)i Clerkë$.. Dave Patek, Dir. of Public Works Mike Fisher, Public Works Darryn Burich, Community Dev. ACORD", CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2 I DATE 07/29/2003 PRODUCER 877-559-6769 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE willis North >merica, Inc. - Regional Cert Center HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 11201 N. Tatum Boulevard ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 300 Phoenix, AZ B5D2B INSURERS AFFORDING COVERAGE INSURED Sigma Environmental Services, Inc. INSURER A, American International Specialty Lines In 26BB3-DDI 220 East Ryan Road INSURER B, Illinois National Insurance Company 23B17-DDI Oak Creek, WI 5315< INSURERC, Virginia Surety Company, Inc. 'DB27-1DD INSURER 0, INSURERE, COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INf,\' TYPE DF INSURANCE POLlCV NUMBER P'¡>k~V ,¡rtgg;œ,E Pg¡,ife" ~~b~.w¡N LIMITS A ~NERALLIABILITY PR01950864 8/1/2003 8/1/2004 EACH OCCURRENCE $ eX-~MMERCIALGENE~ABILITY FIRE DAMAGE (A""". "",) $ f--!---J CLAIMS MADE i.XJ OCCUR MEDEXP(A"""epe"",,) $ eX- Prof Liab c1aims made PERSONAL& ADV INJURY $ eX- Poll Liab c1aims made GENERAL AGGREGATE $ ñ'~~~I~~Eñ ~~P; APñS :~: PRODUCTS. COMPIOP AGG $ B ~TOMOBILE LIABILITY eX- ANV AUTO f-- ALL OWNED AUTOS r- SCHEDULED AUTOS r- HIRED AUTOS f-- NON.OWNEDAUTOS r- CA5054315 8/1/2003 COMBINED SINGLE LIMIT (Ea,ocide",) 8/1/2004 BODILY INJURY (Pecpe,".,) BODIL V INJURV (Pe,"oc'de",) PROPERTY DAMAGE (Pe,"oc'de",) ñAGE LIABILITY II ANV AUTO AUTO ONLY. EAACCIDENT $ EAACC $ AGG $ $ $ $ $ $ X I T'¿;~~T[¡N;; I IO¡~. E.L EACH ACCIDENT $ E.L DISEASE. EA EMPLOYEE $ E.LDISEASE-POLlCVLlMIT $ OTIŒRTHAN AUTOONLV, A EXCESS LIABILITY ~. OCCUR 0 CLAIMS MADE h DEDUCTIBLE IX1 RETENTION $ 10 00 C ~,¡'~L~~"R~?~'::~~~~'ON AND PROU1950865 EACH OCCURRENCE AGGREGATE 8/1/2003 8/1/2004 OTHER -~ ¡ç ít ~1"iC~ ~~OïS2638 ... :\~.i 2003 \~ \1 ~UG - 7 1.003 i-' 'I CLERK'S O¡::¡::IC,-- C\\~ 8/1/2004 1000000 100 000 25 000 1 000 000 1 000 000 1 000 000 $ 1,000,000 $ $ $ 5 000 000 5 000 000 1 000 000 1 000 000 1 000 000 DESCRIPTION OF OPERA TIONSILDCA TIONSNEHICLES7E)(CLUSIDNS ADDED BV ENDORSEMENTISPECIAL PROVISIONS Policy #PR01950864, Retro Active Date: 08/01/87 refers to Professiona1 and Po11ution Liability Umbrella does set above Professional Liability Coverage. Certificate Holder is named as an Additional Insured with respect to work performed by the Named Insured under the contract in effect between them. CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER, CANCELLATION SHOULD ANV OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE TIiEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -.!.Q.... DAVS WRITTEN NOTICE TO THE CERTIACATE HOLDER NAMED TO TIiE LEFT, BUT FAJLURE TO DO so SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANV KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. A.£~A~~ City of Oshkosh Attn, Lynn A. Lorenson PO Box 1130 Oshkosh, WI 54903-1130 ACORD 25-S (7/97) ColJ.:780902 Tp1:192981 Cert:3296142 @ACORDCORPORATION1988 ACORo'M CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2 I DATE 03/11/2004 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE willis North America, Inc. - Regional Cert Center HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 305191 Nashville, TN 372305191 INSURERS AFFORDING COVERAGE INSUREO Sigma Environmental services, Inc. INSURER A, American International Specialty Lines In 26BB3-DDI 1300 .West Canal..Street INSURERB, Illinois National Insurance C"""any 23B17"DDI Milwaukee, WI 53233 INSURERC, Virginia Surety con.,any, Inc. <DB27-lDD INSURER 0' INSURERE, COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAlO CLAIMS. I'~~~ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A ~NERAL LIABILITY PROP1950864 8/1/2003 8/1/2004 EACH OCCURRENCE $ 1 000 000 x.. =r~ERCIAL GENERAL LIABILITY FIRE DAMAGE IMy 0"' Ikel $ 100 000 - CLAIMS MADE [i] OCCUR MEDEXPIMyooepe~oo) $ 25 000 X Prof Liab claims made PERSONAL & ADV INJURY $ 1000 000 X Po1l Liab c1aims made GENERAL AGGREGATE $ 1000 000 ~'~:,:~Eñ ~;; APñ ~~: PRODUCTS. COMP/OP AGG $ 1000 000 B ~OMOBILE LIABILITY CA5054315 8/1/2003 8/112004 COMBINED SINGLE LIMIT (Ea~,idooll $ 1,000,000 x.. ANY AUTO - AllOWNEDAUTOS BODIlY INJURY SCHEDULED AUTOS IPe,pe~ool $ - - HIRED AUTOS BODILY INJURY NON.OWNEO AUTOS (pe,~,;deml $ ... - PROPERTY DAMAGE $ ,... ,'. (Pe,a,,;dem) =fAGE LIABILITY AUTOONlY.EAACCIDENT $ ANY AUTO OTHER THAN EAACC $ AUTO ONLY' AGG $ A EXCESS LIABILITY PROU1950865 8/1/2003 8/1/2004 EACH OCCURRENCE $ 5000 000 ~-OCCUR 0 ClAJMSMADE AGGREGATE $ 5 000 000 $ ~ DEDUCTIBLE $ X RETENTION $ 10 00 -- $ C WORKERS COMPENSATION AND B0200252638 8/1/2003 8/1120 DI X ~~CSTATU- nrJi' EMPLOYERS' LIABILITY E.&ACi4?\1:;C~ "' $ 1000000 / ~) ~,?!§~..&~l~ ~](oOO~L E.l. DISEASE. POLICY LIMIT $ rr'¡¡ljo 000 OTHER / ...' MAR 1 j! Ii 5 2004 IØ; DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS ebffiV ¿;:; / Po1icy #PR01950864, Retro Active Date: 08/01/87 refers to Profes . ~~~.ution LiabijLity v aFPIC I umbre11a does set above Professional LiabiJ.ity Coverage. 'E ¡ -~ I City of Oshkosh is named as an Additional Insured as respects Genera1 Liabi1ity and A';;;;oobiJ.e Liability policies with respect to work performed by the Named Insured under the contract in effect between them. CERTIFICATE HOLDER I x I ADDmONAL INSURED, INSURER LETTER, CANCELLATION SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL ...!Q.... DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLOER NAMED TO THE LEFT. BUT FAILURE TO 00 SO SHAll IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR City of Oshkosh REPRESENTATIVES. P. O. Box 1130 ?~A4ð~ oshk,osh, WI 54903 ACORD 25.S (7/97) Coll:942756 Tpl:192981 Cert:4181043 @ACORD CORPORATION 1988 MARCH 23, 2004 04-67 RESOLUTION (CARRIED ~LOST WITHDRAWN LAID OVER PURPOSE: GRANT PRIVILEGE IN STREET / MARION ROAD, ADJACENT TO MERCURY MARINE INITIATED BY: SIGMA ENVIRONMENTAL SERVICES & MERCURY MARINE, PETITIONERS WHEREAS, Sigma Environmental Services and Mercury Marine have requested the Common Council grant them the privilege of installing a groundwater monitoring well within the right-of-way of Marion Road, adjacent to Mercury Marine's Plant 64, per the attached; 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 Sigma Environmental Services and Mercury Marine the privilege of installing a groundwater monitoring well within the right-of-way of Marion Road, per the attached, contingent upon the following: 1 ) 2) 3) 4) 5) 6) 7) 8) 9) 10) The well(s) 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 well(s) 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 well(s) 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 placement of the well(s). The well(s) 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 upon 10 days notice. The petitioners execute a hold harmless agreement with the City. Analytical test data derived from the monitoring welles) be made available to the City's environmental consultant. Access to the monitoring well(s) to measure groundwater levels be made available to the City's environmental consultant.