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Home My WebLink AboutMidwest Engineering City Attorney's Office Phone: (920) 236-5115 Fax: (920) 236-5090 April 26, 2005 Mr. Bryan Youngwirth Midwest Engineering Services, Inc. 104 W. Jackson St. Ripon, WI 54971 RE: Privilege in Street Permit/City of Oshkosh Sec. 66.045, Wis. Stats. Dear Sir: On March 22, 2005, by resolution #05-77, the City of Oshkosh Common Council approved your request for an easement in the High Avenue Parking Lot subject to certain conditions that are made a part of the approval resolution. Please find enclosed for your signature an Agreement releasing, and holding the City harmless, from all liability arising from your installation of the monitoring well. 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 begin installation of the monitoring well. 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. The City will also execute an Easement giving your company the right to enter upon City property for construction, maintenance and repair of said monitoring well, a copy of which is enclosed. Sincerely, CITY OF OSHKOSH Lynn A. Lorenson Asst. City Attorney cc: Pamela R. Ubrig--City Clerk Darryn Burich, Com. Development MARCH 22, 2005 05-77 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: GRANT EASEMENT / HIGH AVENUE PARKING LOT INITIATED BY: MIDWEST ENGINEERING SERVICES, PETITIONER PLAN COMMISSION RECOMMENDATION: Approved w/conditions BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to grant an easement to Midwest Engineering Services for the installation of a monitoring well in the High Avenue Parking Lot, adjacent to 135 High Avenue, with the following conditions, and to execute any and all documents necessary for purposes of same. 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11 ) 12) The monitoring well 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 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 well be the responsibility of the petitioner to correct in coordination with the Department of Public Works. All appropriate permits be obtained prior to the start of placement of the well. The well 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 ten (10) days of notice. The petitioner execute a hold harmless agreement with the City. Legal description of easement area must be provided by the petitioner. No storage of groundwater or excavated soil on City property. No dumping of groundwater on City property for evaporation purposes. Provide a minimum 48 hours notice to the Dept. of Community Development prior to monitoring well installation , ,"" I ACDBCt CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 04/05/2005 PRODUCER (920) 563-6672 FAX (920)563-9643 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION R & R Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 8 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 700 Highland Avenue Fort Atkinson, WI 53538 INSURERS AFFORDING COVERAGE NAIC# INSURED Midwest Engineering Services Inc INSURER A: Transportation Ins Co 20494 104 W Jackson Street INSURER B: Valley Forge Ins Co 20508 Ripon, WI 54971-1314 INSURER c: Tri-State Insurance Company INSURER D: INSURER E: 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 RESÞECr TOWHICH 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. INSR ADD'.. TYPE OF INSURANCE POLICY NUMBER P~,W~Y EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY TCP2049081198 03/23/2005 03/23/2006 EACH OCCURRENCE $ 1,000,000 - DAMAGE T9- RENTED 100, OO(] X COMMERCIAL GENERAL LIABILITY $ I CLAIMS MADE 00 OCCUR MED EXP (Anyone person) $ 5,000 A PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,00(] GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPfOP AGG $ 2,000,00C n POLICY !Xl j~c?T n LOC AUTOMOBILE LIABILITY BUA2049081203 03/23/2005 03/23/2006 COMBINED SINGLE LIMIT - (Ea accident) $ 1,000,000 X ANY AUTO - ALL OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS (Per person) B - X HIRED AUTOS BODILY INJURY X $ NON-OWNED AUTOS (Per accident) , - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ==1 ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY CUP2049081217 03/23/2005 03/23/2006 EACH OCCURRENCE $ 4,000,000 ~ OCCUR D CLAIMS MAD~ AGGREGATE $ 4,000,000 A $ rl DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC2076233101 03/23/2005 04/06/2005 X 1.x;~~T{':,1.l.?~ I IOJ~- EMPLOYERS' LIABILITY TRI-~TATE (WC040605) 04/Q6/200L 04/06/2006 1,000,000 is ANY PROPRIETORfPARTNERíEXECüTiVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under $ 1,000,000 SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT OTHER -- """"'" """ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT J SPECIAL PROVISIO ~~~¡¡;UW~G ~ APR 0 8 1005 :J -. CERTIFICATE HOLDER CANCELLATION vii T vl-Cnn,v -. .~- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Oshkosh BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY POBox 1130 OF ANY KIND UPON THE INSURER,ITSAGENTS OR REPRESENTATIVES. Oshkosh, WI 54903 AUTHORIZED REPRESENTATIVE (~ (}h L- E. Clark BowermanjC156 ACORD 25 (2001/08) @ACORD CORPORATION 1988 .. !': ~~ AGREEMENT WHEREAS, the City of Oshkosh has granted to the undersigned a privilege to place an obstruction as follows: Installing a monitoring well in the High Avenue Parking Lot adjacent to 135 High Avenue per the attached Exhibit A. 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 High Street Parking Lot, 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 ~vocation upon written notice for noncompliance with the authorizing resolution and this agreement. 0 ~~ /- ~A~ Dated this ~ay Of~:' , 2005. MIDWEST ENGINEERING SERVICES, INC. ~~~ ame & Title: ~ hS(../, eø- Name & Title: ~)O"o-? &""A/c.e. """""~'t"""""""" And: STATE OF WISCONSIN) WINNEBAGO COUNTY) ) SS. Je If ~~O~y ~e before m~n~iS C; day of "1V) ~! (name & title) (name & title) person(s) and officer(s) who oregoing document on behalf of said MIDWEST ENGINEERING SERVICES, INC. and pc ....~\ 0 T: f!.....~ e. (ldl td tL .---¡~ " \' ,q..t\ '.0 . ~ f --.' r Á ": Notary Public, ~ vi ç{,¡.. ,;(a..<- Co., Wisconsin ~~:"..o() -- ,:MyCommission: 1f:,/d.~/,;J.ÞðJ vY,>.,'.. VEiL Ie.,' i(~'" ~'" Attachment: Exh. A - Reli..~G:,~7."'.' hments of Oshkosh Common Council Meeting dated 3/22/05. ""1t~~/SC '" -:' \~,............-s.-s.- , 2005, the above-named to me known to be the ,., -.' ¡II .. . . 81 81 81 II II 81 81 81 II . II II II II ",,' MARCH 22, 2005 05-77 RESOLUTION (CARRIED I. 0 LOST WITHDRAWN LAI DOVER ) PURPOSE: GRANT EASEMENT / HIGH AVENUE PARKING LOT INITIATED BY: MIDWEST ENGINEERING SERVICES, PETITIONER PLAN COMMISSION RECOMMENDATION: Approved w/conditions BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to grant an easement to Midwest Engineering Services for the installation of a monitoring well in the High Avenue Parking Lot, adjacent to 135 High Avenue, with the following conditions, and to execute any and all documents necessary for purposes of same. 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) The monitoring well 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 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 well be the responsibility of the petitioner to correct in coordination with the Department of Public Works. All appropriate permits be obtained prior to the start of placement of the well. The well 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 generai 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 ten (10) days of notice. The petitioner execute a hold harmless agreement with the City. ¡ Legal description 'of easement area must be provided by the petitioner. No storage of groundwater or excavated soil on City property. No dumping of groundwater on City property for evaporation purposes. Provide a minimum 48 hours notice to the Dept. of Community Development prior to monitoring well installation £xh. A ---- " ".~ '.' ---' ,,";i n \ ",='I ~ ~=z \~~ "¡"" OFF\vE , "TV C1 r:. r.w, ;:) C\, 1'L:=:-- -- If 18 Ir '. II .18 ~ ~ ~ ~ II 81 ~ '~ I "" ~ ^' '? j) -t4 Æ> /. . 4j/ . -t . DISCLAIMER This map is neither a legally recorded map nor a survey and it is not intended to be used as one. Thi~ drawing is a compilation of records, data and mformation located in various city, county and state offices and other sources affecting the area shown and it is to be used for reference purposes only. The City of Oshkosh is not re- sponsible for any ilíaccuracies herein contained. If discrepencies areJound, please contact the City of Oshkosh. City of Oshkosh Wisconsin Community Development 0 60 Feet I [1IôT 1v'sctl.(~) N + Monitoring Well High Ave. Parking Lot Created by - dpb 2/21/05 4' &8 ,.." ~ dI 18 .- - a8aaaa...... " ~ #. ~ --.-- -'- - - ". "- '\. " /' / 'RU MW-4 WERE vAlENTAL SERVICES, / '?OAl LIESCH / ~c;;.~ V'~ ~ / / / ~' \.Ç) ...: ASPHALT ~ 40' /, I I I I I I I EB 8-5 1-118 ,fATE ~ / / '" 8-7 EB " / /. 'y' v. CITY OWNED PROPERTY' .. ...."'.,..-,."-"...,,.-....-..., --.--.".-..-,--.-..--...,., """""""" .URE 2: SITE PLAN AND PROPOSED SOIL BORING, MONITORING WELL AND PIEZOMETER LOCATION MAP WEST ENGINEERING SERVICES I 12-21053 FORMER BANK ONE W JACKSON ST RJPON WI 5497:1. I DRAIIN BV. KP OSHKOSH WISCONSIN . 'I' I DATE. 2/11/05 , . 20) 745-2200 FAX: (920) 745-2222 I InK. PLOT '2.e"h~e.d.. WORK PLAN