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HomeMy WebLinkAboutRMT ..,., " City Attorney's Office Phone: (920) 236-5115 Fax: (920) 236-5090 May 2,2002 RMT, INe. ATTN: Peter Chase 744 Heartland TR Madison, WI 53717 RE: Privilege in Street Permit/City of Oshkosh Sec. 66.045, Wis. Stats. Gentlemen: On April 23, 2002, by resolutioh #02-131, 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 execute and return to us as soon as possible. These conditions of approval must be met before YQ!! exercise the privilege in the street. Ifnot, 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: Pamela R. Ubrig--City Clerk Dave Patek, Dir. of Public Works Tony Lang, Engineering Matt Tucker, Community Dev. ~ D~i~ La -6 -Oð-' (Q --Cj --0 2- (CARRIED 7-0 REVISED 02-131 RESOLUTION LOST LAID OVER WITHDRAWN APRIL 23, 2002 . PURPOSE: GRANT PRIVILEGE IN STREET/S. MAIN STREET & 15TH AVENUE INITIATED BY: RMT INC., PETITIONER; CONDON OIL, OWNER PLAN COMMISSION RECOMMENDATION: Approved w/conditions WHEREAS, RMT Inc. has requested the Common Council to grant them the privilege of performing soil borings and installing ground water monitoring wells within the right-of-ways of S. Main Street and 15th Avenue, per the attached "Exhibit A"; and 4) 5) 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 RMT Inc. the privilege of performing soil borings and installing monitoring wells within the right-of-ways of S. Main Street and 15th Avenue, per the attached "Exhibit A", contingent upon the following: The soil borings and monitoring well be installed in a manner that is approved by the Dept. of Public Works so they are flush with the roadway/sidewalk. The soil borings and monitoring well be properly abandoned and removed in accordance with City standards and under the direction of the Dept. of Public Works. Any problem which may arise as a result of the placement of the monitoring well or soil borings be the responsibility of the petitioner/owner to correct in coordination with the Dept. of Public Works. All appropriate permits be obtained prior to the start of construction/placement of the monitoring well and soil borings. The monitoring well be modified or removed immediately upon the 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 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. 8) The petitioner/owner execute a hold harmless agreement with the City. . Indicates Revision 1) 2) 3) 6) 7) PRODUCER> Marsh USA Inc. 800 Market Street. Suite 2600 SI. Louis, MO 63101-2500 CERTIFICATE NUMBER CHI-000833418-00 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UFON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDEO BY THE POLICIES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE LliA -RMT-CAS-02-03 COMPANY A COMMERCE AND INDUSTRY INS CO RMT, Inc. 744 Heartland Trail Madison, WI 53717-1934 COMPANY B EMPLOYERS INSURANCE OF WAUSAU, A MUTUAL CO. INSURED COMPANY C AMERINT'L SPECIALTY LINES IC COMPANY D ILLINOIS NATIONAL INS CO NOT\MTHSTANOING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT IMTH RESPECT TO VlMICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES OESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS THE PROPRIETORI PARTNERSIEXECUTIVE OFFICERS ARE' C OTHER CONTRACTOR"S OPERATIONS AND PROFESSIONAL SERVICES ENVIRONMENTAL INSURANCE DESCRIPTION OF OPERATIONSfLOCATIONSNEHICLESISPECIAL ITEMS (LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS) Re: South Main Street and 15th Avenue, Oshkosh, Wisconsin X INCL EXCL 2676805 POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MMIDDfYY) DA,,(MMIODIYY) 01/01/02 05/01/03 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMPIOP AGG $ 1,000,000 PERSONAL & ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Ao, eo, ".e) $ 50,000 MEa EXP (Ao, OM pecsoo) $ 5,000 01/01/02 05/01/03 COMBINED SINGLE LIMIT $ 1,000,000 01/01/02 01/01103 BODILY INJURY (Pee pe"",) BODILY INJURY (Pee "cidool) PROPERTY DAMAGE AUTO ONLY - EAACCIOENT EACH ACCIDENT AGGREGATE $ EACH OCCURRENCE $ AGGREGATE $ $ 05/01/02 05/01/03 500,000 EL DISEASE-POLICY LIMIT 500,000 EL OISEASE-EACH EMPLOYEE $ 500,000 EACH CLAIM AGGREGATE 1,000,000 01/01/02 05/01/03 CO TYPE OFiNSURANCE POLICY NUMBER LTR A GENERAL LIABILITY GL417-88-11 RA X COMMERCIAL GENERAL LIABILITY CLAIMS MADE [8J OCCUR OWNER'S & CONTRACTOR'S PROT A AUTOMOBILE LIABILITY 505-28-67 D X ANY AUTO 505-28-66 (TX) ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY ANY AUTO UMBRELLA FORM OTHER THAN UMBRELLA FORM B WORKERS COMPENSATION AND WCC-Z91-550587-012 EMPLOYERS' LIABILITY 'HOecO ANY 0' TH' POUCIES OE"R"" HER"N " CANCELL<O BEeORE THE ""RAmN DATE THEREo'. THE ,"SUR'R A"ORO,"G COVERAGE '^'" ,"OEAVOR TO MA" --3.Q om WR'TTEN NOT<CE TO THE City of Oshkosh Altn: Lynne A. Lorenson POBox 1130 215 Church Avenue Oshkosh, WI 54903-1130 CERTIFICAT' HoeO'R NAMED H'RBlN, BUT ""URE TO MA" WCH Nom, 'HAec 'MPœE NO OBUGAT<ON OR UABIUTV 0' ANY "NO UPON THE 'N'URER AFFORDING cev'RAGE. 'IE AG'NT' OR REPRE"NTATW". MARSH USA INC. BY, Alfred A. Pelerfeso , , . -'.' . 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: Performing soil borings and im¡talling ground water monitoring wells within the right-of-ways of S. Main Street and 15th Avenue, Oshkosh, Wisconsin, per the attached Exhibit (Resol. 02-131 with attachment). WHEREAS, State law provides that by its acceptance of this privilege the undersigned shall become primariiy 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 he/she/it is solely responsibie 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 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 priviiege 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, inciuding revocation upon written notice for noncompliance with the authorizing resolution and this agreement. Dated this 3 tc!. day of :rv rJC , 2002. ~'¥- vL- And: STATE OF WISCONSIN) WINNEBAGO COUNTY) ) SS. me this '3 day of f\uA4.L-- , 2002, the above-named ~r- ,- - to me known to be the person(s) ho executed the foregoing document on behaif of said RMT, INC, and acknowledged the same. Notary Public, My Commission: Attachment: Resol. #02-131 dated 4/23/02 of the Oshkosh Common Council , . . , .' ~ '----' REVISED APRIL 23, 2002 02-131 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN . PURPOSE: GRANT PRIVILEGE IN STREET/S. MAIN STREET & 15TH AVENUE . INITIATED BY: RMT INC., PETITIONER; CONDON OIL, OWNER PLAN COMMISSION RECOMMENDATION: Approved w/conditions WHEREAS, RMT Inc. has requested the Common Council to grant them the priviiege of performing soil borings and installing ground water monitoring wells within the right-of-ways of S. Main Street and 15th Avenue, 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 RMT Inc, the privilege of performing soil borings and installing monitoring wells within the right-of-ways of S. Main Street and 15th Avenue, per the attached "Exhibit A", contingent upon the following: The soil borings and monitoring well be installed in a manner that is approved by the Dept. of Public Works so they are flush with the roadway/sidewalk, The soil borings and monitoring well be properly abandoned and removed in accordance with City standards and under the direction of the Dept. of Public Works. - Any problem which may arise as a result of the placement of the monitoring well or soil borings be the responsibility of the petitioner/owner to correct in coordination with the Dept. of Public Works. All appropriate permits be obtained prior to the start of construction/placement of the monitoring well and soil borings. The monitoring well be modified or removed immediately upon the 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 petitiòner/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 upon 10 days notice. 8) The petitioner/owner execute a hold harmless agreement with the City. . Indicates Revision 1 ) 2) 3) 4) 5) 6) 7) "'- '.' =-- """"'\~ ;:.;.:.-~ II II I II II I I ( I II~ I ,I ¡ol I~ ill ~ I / " -;I ~ '" ';, I ~ I § '-I ~ ~ ~ ~ il ~ ~~ ~ '~i r I ~ l V 'i ,-J Jp I r a ~HI .!I! ~ !~;i !. !~ii~ I ~ ~ j! ~ ,~ ' ~ iF l ~ E ~ -- ~ ~ j z~ - ~U ::::::::: =';;~'- -""". .....,- -- '... - i i~ II I rn (\ 1'-' ) i\ 0 l §~ ~ fo~ ""-""~,~-,,,,-,,,,- S. MAIN STREET fe . ~ . I ~ 8 !.~ ~ .~ ~ l " :'~'D'D.~~/"~ / I.. m ~ ~ ~/ ... .:¡¡ o~ i :g "c" II ~ ;' D, II ;:; ~ ~."o I' ) ;;¡ ~~g . I'- a~.' ~~. §~D!"I ~ "'---t- 13/0""" I 1'- 171'- '- '- '- '- '- '- '- '- '-'- '- '- '- t~~ \)1 i~ i ~. t ~ :\;1' , !~ l , ~~ i¡~ II r r f -7- ~ i i ~ ~ !I ~i¡~~~ i!i ~ '" Iii ao.e..¡¡¡¡o.~~ ~ ! ~ 0 ! "~ b;¡¡!ž~ !Ž" ~ ;;! "" " ¿¡ ~~ ~'i! 01' o~ i! ~ ~F ~ ~ ~ ~u; ~i 15 ~ i~ ~ ~ ~ ~~"~"!:i~"¡ ~ ~¡;~~!-<~s ã ! '" 8 ~ >t -,. " !i! > ¡ ~ 2 . II II II II II II II II II II III II 8Î III II .. II II PRODUCER MARSH USA INC. 800 MARKET STREET, SUITE 2600 ST.LOUIS, MO 63101-2500 8-02 THIS CERTIFICATE is ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THB CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY. THIS CERTIFICATE DaBS NOT AMEND, EXTEND OR ALTER THB COVERAGE AFFORCED BY THE POLICIBS DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE LLIA -RMT-AOS-04-05 COMPANY A COMMERCE AND INDUSTRY INS CO (AIG) INSURED RMT, Inc. 744 Heartland Trail Madison, WI 53717-1934 COMPANY B EMPLOYERS INSURANCE OF WAUSAU, A MUTUAL CO. COMPANY C ILLINOIS NATIONAL INS CO COMPANY D AMER.INT'L SPECIALTY LINES IC .." 1iJ"_m,, ""~L'",,,,_, .m""",.""",.:..,. THIS IS TO CERTIFY THAT POLICIES OF INSURANCE OESCRIBED HEREIN HAVE BEEN iSSUED TO THE INSURED NAMED FOR THE POLICY PERIOO INDICATED. NOTIMTHSTANDING ANY REQUIREMENT, TERM OR CONOITION OF ANY CONTRACT OR OTHER DOCUMENT IMTH RESPECT TO VlMICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES OESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. CONOITIONS ANa EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ".<TE ¡MMIDOfYY) DATB ¡..'DDfYy) TYPE OF INSURANCB LTR A GENERAL LIABILITY GL4178811 I X COMMERCIAL GENERAL LIABILITY CLAIMS MADE ŒJ OCCUR OWNER'S' CONTRACTOR'S PROT 05/01/04 05/01/05 A C 05/01/04 05/01104 '105/01/05 05/01/05 I CA5052867 ICA5052866 I I I I I B hCESS LIABILITY l---j UMBRELLA FORM , OTf:ORTHAN UMaRELeA mR" WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 05/01/05 IWCCZ91550587014 05/01/04 THE PROPRIETOR! PARTNERSfEXECUTIVE OFFICERS ARE. THER CONTRACTOR'S OPERATIONS AND PROFESSIONAL SERVICES ENVIRONMENTAL INSURANCE DESCRIPTION OF OPBRATIONSfLOCATIONSNEHICLESISPECIAL ITEMS Re: South Main Street and 15th Avenue, Oshkosh, Wisconsin D X INCL EXCL 2676805 05/01/04 05/01/05 LIMITS GENERALAGGREGATE I $ PRODUCTS - COMPIOP AGG $ PERSONAL' ADV INJURY $ EACH OCCURRENCE $ FIRE OAMAGE (An, eo, ",) $ MED EXP $ COMBINED SINGLE LIMIT $ 2,000,000 1,000,000 1,000,000 1,000,000 100,000 10,000 1,000,000 BODILY INJURY (P.-p""oo) BODILY INJURY (Peeaœ;dool) PROPERTY DAMAGE AUTO ONLY - EAACCIDENT $ OTHER THAN AUTO ONLY; EACH ACCIDENT $ AGGREGATE $ EACH OCCURRENCE $ AGGREGATE $ X I TORY LIMITS EL EACH ACCIDENT EL DISEASE-POLICY LIMIT EL DISEASE-EACH EMPLOYEE $ EACH CLAIM AGGREGATE ER Ií! 500,000 500,000 500,000 1,000,000 , SHOUW ANY OF THE POLICIES DESCRIBED HEREIN BE CANCEL!.ED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE "'LL "DEAVOR TO MÆL -3D DAYS WRiTTeN NO"CE TO THE City of Oshkosh AUn: Lynne A. Lorenson PO Box 1130 215 Church Avenue Oshkosh, WI 54903-1130 CER"FlCATE HOWER NAMED HEREIN. BOT ""URE TO MA" SUCH NO"CE SHA1.L 'MPO" NO 06UGA"DN DR LlA"LlTY OF my KIND UPON THE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTA"VES, OR THE ISSUEROFTHISCER"FlCATE. MARSH USA INC, OY: Alfred A. Peterfeso G~'!::iÒ;.9m.>~~i:i .