The URL can be used to link to this page

Home My WebLink AboutMeyer Services 5/26/2005 CITY HALL 215 Church Avenue P.O. Box 1130 Oshkosh, Wisconsin 54903-1130 City of Oshkosh ~ OJHKOJH City Attorney's Office Phone: (920) 236-5115 Fax: (920) 236-5090 http;/Iwww.ci.oshkosh.wi.us Mr. Daniel Meyer Meyer Services, Inc. 4520 W. Greenville Dr. Appleton, WI 54915 May 25, 2005 RE: Privilege in Street Permit/City of Oshkosh Sec. 66.045, Wis. Stats. Dear Sir: On May 24,2005, by resolution #05-154, 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 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. cc: 'Ç:Rf"JPÇJI:!.ß..j,Jþpg--City Cler~. 'Davêpãfek~ bir. of Public Works Darryn Burich, Com. Development 0 , .... ~ ,tcc' AGREEMENT {t~~ WHEREAS, the City of Oshkosh has granted to the undersigned a privilege to place an obstruction within the street right-of-way as follows: The privilege of boring under W. Waukau Ave. to place communication conduits below the street suñace adjacent to 370 W. Waukau Avenue, Oshkosh, WI. 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 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 revocation upon written notice fornoncompliance with the authorizing resolution and this agreement. Dated this 1.<.tJ day of \')0. Yp ,2005. ::E]~~ ~c~ Name & title: 000'1(.' J r<ìe.-yer -f>ra-s',du)t And: Name & Title: STATE OF WISCONSIN) ) SS. Lf} , 2005, the above-named vì ():? to me known to be the person(s) d MEYER SERVICES INC. and ackDowledged the ~tthO~^..t Cj,.. ~:v"'-'-c Notary Public, J¡.h'(\.\'\~ Cco., WisCOr. si.n My Commission: '7 'c, Attachment: Exhibit A - Resol. #05-154 and attachments of Oshkosh Common Council Meeting 5/24/05. A COROTM CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) OS/26/2005 PRODUCER (920) 739-7711 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 122 E College Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO Box 877 I INSURERS AFFORDING COVERAGE Appleton, WI 54912-0877 NAIC# INSURED Meyer Services Inc ! INSU~Ë~A: SECURA Supreme Insuränce Company 4520 Greenville Dr 'IINSURERB: Appleton, WI 54915-8801 ! INSURER c: ' , ! INSU~ER D: I INSURER E: MEYESER-01 RYST 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. I~~: r-~?;¡ TVPo:no: POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS ~NERAL LIABILITY EACH OCCURRENCE 1$ 1,000,00C ~¿E TO RENTED A X COMMERCIAL GENERAL LIABILITY 80CP3038824 OS/20/2005 OS/20/2006 PREMISES rEa occurance) '$ 100,00~ I CLAIMS MADE 0 OCCUR MED EXP (Anyone person) ! $ 5,00~ PERSONAL & AD~ INJURY ~ 1,000,00C GENERAL AGGREGATE $ 2,000,00C ~'L AGGREryr LIMIT APnS PER: PRODUCTS - COMP/OP AGG $ 2,000,00C POLICY X ~fR;: LOC I ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,00C A X ANY AUTO 80A30388251 OS/20/2005 OS/20/2006 (Ea accident) - I - ALL OWNED AUTOS BODILY INJURY $ ',,' SCHEDULED AUTOS (Per person) - , ... " HIRED AUTOS - BODILY INJURY $ NON-OWNED AUTOS (Per accident) - , PROPERTY DAMAGE " " ,', :::'" (Per accident) $ ,.. ,, ',' ., ~RAGE LIABILITY, AUTO ONLY -EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 5,000,00C A ::KJ OCCUR D CLAIMS MADE CU3038827 OS/20/2005 OS/20/2006 AGGREGATE $ 5,000,00C $ g DEDUCTIBLE $ X RETENTION $ 10,000 $ WORKERS COMPENSATION AND l!RC STATU-; I IOTH- TQB.'LLIMITS ER C--'------ A EMPLOYERS' LI'Î'BIL':r"_--__~h' WC3038826 OS/20/2005 OS/20/2006 EL EACH ACCIDENT $ -' - 1GO,OÒi ANY PROPRIETOR/PARTNER/EXECUTIVE 100,OÕ( OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ If yes, describe under EL DISEASE - POLICY LIMIT $ 500,OO( SPECIAL PROVISIONS below OTHER OS/20/200"- ~ A Contractor's Equipment 80CP3038824 Hired & Rented 200,00( ...-- 1_.rÑ¡¡:;:::~ ~,HTe \r-\\. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ,g~, City of Oshkosh is listed as an additional insured to the G 1\". \\ ~ JUt-I a ~5 I~ }~RK'S OFF\C~ CERTIFICATE HOLDER vi' .... SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Oshkosh DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3~ DAYS WRITTEN 215 Church Ave Oshkosh, WI 54901- NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. --,----- AUTHORIZED REPRESENTATIVE ~- r/i¥rf ~ ACORD 25 (2001/08) @ ACORD CORPORATION 1988 , ,<.-' ,< ~ EXHIBIT A MAY 24,2005 05-154 RESOLUTION (CARRIED 7-0 LAID OVER WITHDRAWN LOST PURPOSE: GRANT PRIVILEGE IN STREET I W. WAUKAU AVENUE, ADJACENT TO 370 W. WAUKAU AVENUE INITIATED BY: MEYER SERVICES INC., & OSHKOSH TRUCK, PETITIONERS PLAN COMMISSION RECOMMENDATION: Approved w/conditions WHEREAS, Meyer Services Inc. requests the Common Council grant them the privilege of boring under W. Waukau Avenue to place communication conduits below the street surface adjacent to 370 W. Waukau Avenue; 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 Meyer Services Inc. the privilege of boring under W. Waukau Avenue to place communication conduits below the street surface adjacent to 370 W. Waukau Avenue, per the attached, contingent upon the following: 1) The conduit 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 conduit 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 conduit 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 conduit. The conduit 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 $500,000 in general aggregate. It is the responsibility of the petitioner to file in a timely manner a new insurance certificate with the City Clerk upon expiration of an existing certificate. Failure to do so will result in the revocation of the privilege in street upon 10 days notice. The petitioner execute a hold harmless agreement with the City. 2) 3) 4) 5) 6) 7) 8) . ¡ , .L, '.' l I 1 I , L, I -...1 I I - L______--- I I ILL I,~, I J . I3N -.> .:s .~ "::; ~ d, 'J -? :) -:.. I~ . I~ r - 1.3 0 jC.r--- r' , V) ('{) 0 -,OL "j' I I I ~ ' t I I ~ I :t £ Z -2 ~ 5 I qJ Z -t:: ci 1"\ C. <...J '-t- '" LL. I (J ':> ~~ ,.£) Q- -p c.. , I ~ -5 -4 -3 WI-' I .!, £ 'C.'1.!- ;~~ '-(j(J) ¡ ¿rn ~c- 0 I Ä' ~ + t1D. -~-~'Q- ~$::E I .~ "::;'xo 0 ('<) (1) 0 I I I I I I --g 8 I Cì I :t -k- ~ i,,)) I -.,:I '>< C è!.) q I v f: -." '-..J ~ c ;::.....,... I '<J 0- I ~ .~ I () ~ 0- I a:) .~ -c I ~::r I 'ð~ i I I '(j qJ oc I :)~~ I - ~v - - ,-0 - ('(j I ¡ I I f : I :0 +- :~ I 1&1 I len Ib I 1-' ,g . I '. I I ; r :;:'1 r"/ I ",: I , ;) ~1l .$ , if/ .$ f' ., '~ : I \0; I I I I I I I I f I I ,I I I I I I + lLJ"1 ::;) z c ~ rJ 4c( ~:n ~ ::> \.- ~o ~ <J 3:+ Iñ~ lLJQ4 :l:ji.{1 , , t; ~ (if) ð (I) a 0 , J ~ LaJ f-IJ - (/)~ <::!) "1 '\:) '~ '::> ;'1