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Home My WebLink AboutC D Smith Construction Inc ..~:..: )ul.13.2006 3:06PM AGREEMENT No. 61 51 P 'A IJ L (!;;t ~~ I 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 private steam and condensate lines across Osceola Street and Pearl Avenue in conjunction with the utility connections required for construction of UW.Oshkosh's Student Recreation and WellneS$ Center, per attached Exhibit A fully incorporated within this Agreement by reference. WHEREAS, State law provides that by its l"lcceptance 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 Ule activities under this privilege by the undersigned or agents or employees_ I=urther, 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 ttlis agreement Dated tl1is I 3 f1.. day of J,^ I '7 ,2006, C.D, SMITH CONSTRUCTION BY:~~ Robert D. Baker Treasurer And~ STATE OF WISCONSIN) . ) SS_ fbnd dl.L~ COUNTY) Personally came before me this 13 day of July, 2006, the above-named !2-obe.-+ f) Ba..iLe..r of the above-named corporation, to me known to be the person(s) and officer(s) who executed the foregoing document and acknowledged the same as such officers by Its authority, for the purpose therein contained. ~~. ;I{~ Notary Public, FOnd dt.(, Lttc.. Co" Wisconsin My Commission: ,;1./::?5/o 7 Attachment: Reso!. #06-196 dated 6/13/06 of the Oshkosh Common Council as attached E:xhibit A. Client#: 31657 CDSMICONS " ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYYJ 07/13/2006 THIS CERTIFICATE IS ISSUED AS A MATTER 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. PRODUCER " WAUSAU SIGNATURE AGENCY PO BOX 1046 FOND DU LAC WI 54936-1046 (920) 922-4260 (800) 984-9842 C D SMITH CONSTRUCTION INC PO BOX 1006 FOND DU LAC WI 54936-1006 INSURERS AFFORDING COVERAGE INSURER A: WAUSAU UNDERWRITERS INSURANCE INSURER B: LIBERTY INSURANCE UNDERWRITERS INSURER C: WAUSAU BUSINESS INSURANCE COMP INSURED INSURER 0: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED" N01WITHSTANDING 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" LTR NSR TYPE OF INSURANCE POLICY NUMBER ~1J~1f~ P~fl ti.':~N LIMITS A ~NERAL L1ABILIlY TBJY91507733035 10/01/05 10/01/06 EACH OCCURRENCE $1 000 000 ~ 3MERCIAL GENERAL LIABILITY DAMAGE TO RENTED $250 000 P I-- CLAIMS MADE CXI OCCUR MED EXP (Anyone person) $5.000 PERSONAL & ADV INJURY $1 000 000 GENERAL AGGREGATE $2 000 000 n'L AGGRErij LIMIT APri PER: PRODUCTS - COMP/OP AGG $2.000.000 POLICY X ~~T LOC A ~TOMOBILE LIABILITY ASJY91507733015 10/01/05 10/01/06 COMBINED SINGLE LIMIT ~ ANY AUTO (Ea accident) $1,000,000 I-- ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) I-- ~ HIRED AUTOS BODILY INJURY $ ~ NON-OWNED AUTOS (Per accident) I-- PROPERTY DAMAGE $ (Per accident) RRAGE LIABILITY AUTO ONLY - EAACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ B ~ESSlUMBRELLA LIABILITY LQ1 B7120021 0033 10/01/05 10/01/06 EACH OCCURRENCE $5 000 000 X OCCUR D CLAIMS MADE AGGREGATE $5.000 000 $ ~ DEDUCTIBLE $ X RETENTION $10000 $ C WORKERS COMPENSATION AND WCKY91507733065 10/01/05 10/01/06 X I. WCSTATU-, I IO~- EMPLOYERS' LIABIliTY $1.000 000 ANY PROPRIETORlPARlNERlEXECUTIVE E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? E.L. DiSEASE - EA EMPLOYEE $1,000,000 ~~~I~~1i'<i.J1~~s below E"L. DISEASE - POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE ROW PERMIT CITY OF OSHKOSH, ITS OFFICERS, COUNCIL MEMBERS, AGENTS, EMPLOYEES AND AUTHORIZED VOLUNTEERS ARE LISTED AS ADDITIONAL INSUREDS UNDER THE GENERAL AND BUSINESS AUTO LIABILITY POLICIES, BUT ONLY WITH RESPECT TO LIABILITY (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION CITY OF OSHKOSH 215 CHURCH ST OSHKOSH, WI 54901 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -3L DAYS WRITTEN 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. AUTHORIZI'D REPRESENTATIVE -;Ji... ..(LJ a.... ACORD 25 (2001/08) 1 of 3 #M382821 WLK @ ACORD CORPORATION 1988 "RISING OUT OF WORK AWARDED TO AND PERFORMED BY THE NAMED INSURED. AMS 25.3 (2001/08) 3 of3 #M382821