HomeMy WebLinkAboutFoth & Van Dyke
City Attorney's Office
Phone: (920) 236-5115
Fax: (920) 236-5090
April 1,2005
Mr. Phil Brochocki
Foth & Van Dyke
2737 South Ridge Rd.
Green Bay, WI 54304
RE:
Privilege in Street Permit/City of Oshkosh
Sec. 66.045, Wis. Stats.
Dear Sir:
On March 8, 2005, by resolution #05-61, 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 fmished. 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 A~ey
cc: ~la R. Ubrig--City Clerk
Dave Patek, Dir. of Public Works
Darryn Burich, Com. Development
"~
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MARCH 8, 2005
05-61
RESOLUTION
(CARRIED 7-0
LOST
LAI DOVER
WITHDRAWN
)
PURPOSE:
GRANT PRIVILEGE IN STREET I EAST 15TH AVENUE
INITIATED BY:
FOTH & VAN DYKE & COCA-COLA ENTERPRISES,
PETITIONERS
PLAN COMMISSION RECOMMENDATION: Approved w/conditions
WHEREAS, Foth & Van Dyke on behalf of Coca-Cola Enterprises has requested
the Common Council grant them the privilege of installing a groundwater monitoring well
within the right-of-way of E. 15th Avenue, south of 1404 S. Main St., 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 Foth
& Van Dyke the privilege of installing a groundwater monitoring well within the right-of-
way of E. 15th Ave., south of 1404 S. Main St., per the attached, contingent upon the
following:
1)
The monitoring well be installed in a manner that is approved by the Dept. of
Public Works with no modifications or changes in construction procedure without
prior approval by the Dept. 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 Dept. of Public Works.
Any problem which may arise as a result of the placement of the well be the
responsibility of the petitioners to correct in coordination with the Dept. 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 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 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 upon 10 days notice.
The petitioner execute a hold harmless agreement with the City.
2)
3)
4)
5)
6)
7)
8)
MEMO
Date:
April 14,2005
^1t~
From:
Pam Uhrig, City Clerk
Dave Patek, Public Works
Darryn Burich, CommUIiity Development
Louise Z. - City Attorney's Office ~
To:
Subject:
Privilege in Street - Foth & VanDyke
Right-of-way- E. 15th Ave., S of 1404 S. Main St.
Attached for your records is a copy of the insurance certificate for the above privilege in street for
monitoring wells at E. 15th Ave. S. of 1404 S. Main St. I had previously forwarded to you the hold
harmless agreement.
In the event you have any question, please do not hesitate to call.
"
04/~13/2005
17:25
9204%5902
FOTH & VAN DYKE
PAGE
02
PRODUCER
Aon Risk services, Inc.
70l Cherry $tr~et
P- O. Box 23004
Green Bay WI 54305-3004
of wisconsin
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THIS CERTIFICATE IS ISSUED AS A MA1TER 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.
COMPANIES AFFORDING COVERAGE
PHONE. (920) 437-7123
INSURED
, Fo'th & Van Dyke
And ASsociates. Inc.
¡737 S. Ridge Road
P. O. Box 19012
Green 6ay WI 54307 USA
FAX. (920) 431-6345
COMPANY
A
TWin city Fire Insurance company
COMPANY
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united States Fidelity & Guaranty Co.
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THIS IS TO CERTIFY THAT THE POl.,ICJES OF INSURANCE LISTED 6êlOW HAve BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOlWrTHSTANDJNG ANY REQUIREMENT, TSRM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
, .. ,',. C6R!,ElCA'Œ MAY 85..ISSUED..Ga-MAY PEA:fAIN, T~SU~ANce A.;;FO¡:¡OEO..BV.THE pOlICIes DiSCFU6i:D MEREIN. IS SU8JEGT. TO ALL THE,rEAMS"., ._,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAV¡¡: SEeN REDuceD 6V PAID CLAIMS,
'f\'1i'I> O'-IJ'/SUM-NC'II J"Ot.JCY I'/VMIJEP,
a BK02033377
PACKAGE ~ COMMERCIAL
X COMMERCIAL GENERAL UABILITY
OUIIMS MADE [R] OCCUR
OWNER'S & CONTRACTOR'S PROT
8 AUTOMOBilE LIABILITY BAO19772.14
X fWV AUTO BUSINESS; AUTO
ALL OWNED AUros
POLICY EFFECTIVE POLICY EXPIRA TlO
DATE (JltWJ)D/YY) PA. 'œ (JltMß)Pf'(Y)
Ol/Ol/OS 01/01/06 GIONIõRÞJ..AGGR5GATE
PRODUCTS. CDMP/OP AGG
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PERSONAL & ADV INJURY
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01/01/06
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BODILY INJURY
( Per øerson)
BODILY INJURY
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PACKAGE - COMMERCIAL
01/01/05
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EMPLOYERS' UABlUlY WORKERS' COMPENSATION
THe I'FtOPRIETORl INCl
PARTNERS/EXECUTive
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01/01/05
EXCL
5L DISEASE.POLICY LIMIT
¡;¡L DISE;N¡>I;;.¡;¡A ¡¡¡"'PLOVEE
5500,000
$100,000
aUT FAI!.URE TO MAIl. SUCH NOTICE SHALl IMPOSE NO OBLIGATION OR LIAI3IUTY
OF ANY KIND UPON TH MPANY ITS AGENT'S OR RËPAESENTATIVE;S.
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DESCRIPTION OF OPEFlATIONGlLOOATIONSNEHIClESISPECIAL rTEMS
ADDITIONAL INSURED ON THE G~NeRAL LIAßILIT~#CITY OF OSHKOSH AS RESPECTS THE wORK aEING DONE. PER BLANKET
INSURED ENDORSEMENT. J
CITY CLERK - C¡TY OF OSHKOSH
DEPT OF COMMUNITY DEVELOPMENT
P.O. BOX 1130
OSHKOSH WI 54903-1130 USA
SHOULD ANY OF THg ABOVE: OE:SCRIBE¡O POLICIES SE CANCELLED BEFORE THE
0CPIRATION DATI;; THgRE:OF. THe ISSUING, COMPANY WILL ENDEAVOR TO MAlL
30 OAYS WRITTEN NOTte¡;¡ TO TH5 OE;ATlP1OATe HOLDER NAMED TO THE LEFT.
"":""""""""':¡"""'i-
City Attorney's Office
Phone: (920) 236-5115
Fax: (920) 236-5090
http;/Iwww.ci.oshkosh.wi.us
April 8, 2005
Mr. Phil Brochocki
Foth & Van Dyke
2737 South Ridge Rd.
Green Bay, WI 54304
Re:
Privilege in Street Permit/City of Oshkosh
Dear Mr. Brochocki:
Our office has received your signed Agreement for ground water monitoring wells within
the right-of-way of E. 15th Avenue, south of 1404 S. Main Street.
Please be advised that you cannot begin work on this project until the City Clerk has on
file an 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.
If you have any question, please do not hesitate to advise.
Yours truly,
CITY OF OSHKOSH
Lynn A. Lorenson
Asst. City Attorney
cc:
City Clerk
Darryn Burich, Com. Dev.
Dave Patek - Public Works
Mike Fisher - Public Works
.
",
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:
Installation of ground water monitoring wells within the right-of-way of E. 15th Avenue, south
of 1404 S. Main Street, per attached Exhibit A fully incorporated within this Agreement by
reference.
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 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
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 revocation upon written notice for noncompliance with the authorizing resolution and this
agreement.
Dated this4t& day ótaN,
,2005,
FOTH & VAN DYKE .a~ ~~... ... '..
By ~<-lJ &ftu
\ ~ ~
And:J cJ-(} M::--------= 'j~ ß-Ç-.
STATE OF WISCONSIN)
fl ) SS.
rJ 'f" <.Ù ~1 COUNTY )
Personally came before me this , 2005, the above-named
f:.,¡ I A-, ¡. , of the above-named corporation,
to me known to be the erson(s) and officer(s) who executed the foregoing document and acknowledged the
same as such officers by its authority, for the purpose therein contained.
~'ìvL ~
Notary Public, ~(~uJ1. C. 0., Wisconsin
My Commission: b/ Y' ~ð f-
Attachment:
Resol. #05-61 dated 3/08/05 of the Oshkosh Common Council
as attached Exhibit A,
.,.
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MARCH 8, 2005
05-61
RESOLUTION
(CARRIED 7.'J LOST
WITHDRAWN
LAI DOVER
)
GRANT PRIVILEGE IN STREET I EA$T 15TH AVENUE'
FOTH & VAN DYKE & COCA-COLA ENTERPRISES,
PETITIONERS
PURPOSE:
INITIATED BY:
PLAN COMMISSION RECOMMENDATION: Approved w/conditions
WHEREAS, Foth & Van Dyke on behalf of Coca-Cola Enterprises has requested
the Common Council grantthem the privilege of installing a groundwater monitorin'g well
within the right-of-way of E. 15th Avenue, south of 1404 S. Main St., 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 ofthis 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 Foth
& Van Dyke the privilege of installing a groundwater monitoring well within the right-of-
way of E. 15th Ave., south of 1404 S. Main St., per the attached, contingent upon the
following:
2)
3)
4)
5)
6)
7)
8)
1)
The monitoring well be installed in a manner that is approved by the Dept. of
Public Works with no modifications or changes in construction procedure without
prior approval by the Dept. of Public Works.
If no longer needed, the well be properly abandoned ánd 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 well be the
responsibility of the petitioners to correct in coordination with the Dept. 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 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 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 upon 10 days'notice.
The petitioner execute a hold harmless agreement with the City.
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JAN 1'.~2005
, COMMUN:ï' '-, . ',", 0'" I.
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January 11, 2?O5
. Dear Mr;' ;Burich:
',RE:. ' 'Monitoring W61i InsÍa11atio~ hi'the Right-of-Way of.lSth AV'~Ì1l1:efQr
" . 'Co~a-Cola Ehterprises,.1404 S. Main Stí:ee~ Oshkosþ; \VI, ,': . .
: ' . ,-WDNRBRRTS#03-71~Ooî423" ,", " ::.'., ,', "','
,1<:',':>(':,., ""',"",' '",,-,,"~.,~,,"..' "':',:"','.",::
ÏI,,',,","', -:"",- . . ..~,h~,þ.alfof~'óca-cojaÈnt~~~.ses (CC~)',', Foth.~.v~Dy~e.is ~equ~s~gap~rov.~ to.. ',< ,.
n-- ' ' :>mstallone groundwater,momtonngwell mthe 15 Ave~u,e nght otway.. TheJocatlonof , ",' .
II.', "" ,:~"new mci~töring well, designåted 'as. MW-20, :is,sþ.owp: on ~e atta<?Ji~dJiiui.è. ': The> '.. "-'"
, , '.' purpose of the wellis to evalUate giound""ater cònce~tratiÞ.~ d~wngradÜmf<?ftheformer.
'.undergtOlmd st~rage tank site åt the CCE fa<?ility. The loè~tion may be, slightlY. modified "
: to avoid undèrgroi1p.dutilities. - " ", ,
Mr. Darryn Buric~ Director
, CitjrofOshkosh Plamling- Service Division
.' 215 Church Avenue - ,
, ,P.O. Box 1130
Oshk(j~ WI 54903-1130
, , .', . . ,
" ,
The Ø~~it6rillg well ~ll b~' ñ1sÚllled With a prote6tòt co~~r pip~ iliat is.fl~4,~th the', '
~treet We ~tièipatethat"Mw-20wouldhe abandoned Witmn.approXimåtèly tWo years.,
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. 'The._c?tnple.ted City of Os~osh Gener~ ÅppJièation ~or privi~~ge 'in'stteèt ar~ng~th a"
,check 'coyering _th¿r$100,applicatiônfee is alsoatfached.' Tþe:'fVellwo~ld,he ~tallëd as: '
soo~ ~ possible, upoll'approval from theCityofOsbkosh., PleaSe coniàct uS~with any:.
'"questions <?I:comme;nts,thatarise. ' ", " ' ,
:.,' "
, ,
,-
Sincerely,
, ,
" Eoth & Van Dyke ~d Associllte~,Inc.
~'~-~~ -
,Philip R. Brochocki~ P.G.
Lead-Hydrogeologist
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cc:
"Mr. Joseph Richardson; Coca-Cola Enterprises, w/attacþments
Ms. Janis Kesy, Foth & Van Dyke~ w/attacbments
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,2,737SouthRidgeRoad' P.O. Box 19012. Green Bay. WI 54307-9012' 920-497-2500' Fax: 920-497-8516
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DISCLAIMER
Close Up View
15 th Avenue
This map is neither a legally recorded map nor
a survey and it is not intended to be used as one.
This dramng is a compilation of records, data
and information 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 inaccuracies herein contained.
If discrepencies are found, please contact the
City of Oshkosh.
City of Oshkosh Wisconsin
CommlUlity Development
ON THE WATER
100
0
100
200
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OJHKOfH
Created by - VR
01-28-05