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HomeMy WebLinkAboutAlpha Terra Science & Gunderson Cleaners/High Ave 2004-AUG-04 02:42 FROM-ALPHA TERRA SCIENCE 920-892-2620 T-599 P.002/008 F-905 2004-AUG-01 20:S8 PROM-ALPHA TERRA SCIENCE 920-892-2820 T-588 P.D03/007 F-880 AGREEMENT WHEREAS, the City of Oshkosh has granted do the undersigned a privilege to place an obstruction within the street right-of-way as follows: Installment of a groundwater monitoring well within the right-of-way of the alley north of and adjacent to 118 High Avenue per the attached Exhibit(Reset.04-225 with attachment). 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 Cites attemey fees and costs, on such actions,claims or demands within 30 days after written request for such mdemnificzation. 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 this 3 day of A/91 ' .2004. GUNDE N CLEAVE By. And: Name&Tit 1Jp CGA✓ .0/2Seiti Name&Title: Do.„ � . g am^ ,4 PC STATE OF WISCONSIN ). ) SS. WINNEBAGO COUNTY) GPersonally came before me this 3 day ofQ• . 2004, the above-named � •"ef �aureteesak and _ ✓ to me known to be the (name&title) (name&title) person(s)and officer(s)who exg q the foregoing do ment on behalf of -=id GUNDERSON CLEANERS and acknowledged the same' ty p ••• ��- _•U .NOTAF y -� . Notary Public, Co.,Wisconsin • My Commission_ j-ile Or cr+) PUBLIC Attachment Reso1^ 25.and at't a ants dated 7)13/04 of the Oshkosh Common Council of W15C .•' .. . . .. 2004-AUG-04 02:42 FROM-ALPHA TERRA SCIENCE 920-892-2620 T-599 P.003/008 F-905 _CORD_ CERTIFICATE OF LIABILITY INSURANCE DATEIMPAANYVVV ) 07 20 0a PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION The McClone Agency, Inc- ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 150 Main Street, Ste 102 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P.0. Sox 389 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. - Menasha WI 54952 Pbone: 920-725-3232 Fax:920-725-3233 INSURERS AFFORDING COVERAGE NAICi< INSURED INSURER k. pLoelmAtt Iul1att. CO Camel GUndergOl3 Ina INSURER II: ACeerAts, DLSUIRER C; Gunderson Transportation, LLC • 41 Main Street adu D: Menesba WI 54952 . INSURER COVERAGES THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSuED TO THE INSURED NAMED ABOVE FOR THE PDUCT PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONGTON 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 F.XCUJZIDNS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY NAVE BEEN REDUCED BY PAW CLAIMS. LTA NSRN: TYPE OP INSURANCE POLICY NUMBER .A r• - J' - �MID -r DATE(YYIDO✓✓Y) DOTE(MOIYY) LAWS GENERAL LABILITY EACH OCCURRENCE S 1,000000 A X CoMM13LCIA1.GENERAL uABILfri CPP0717543 12/28/03 12/28/04 =====4 5500000 1 oukaes MADE © occuu MED Exp.(Any me person► S 10000 PERSONAL RADVINJURY s 1000000 GENERAL AGGREGATE ••. s ...— GEN'L AGGREGATE LIMRAPP VESPER PRODUCTS-COMP/OP AGO 52000000 PouCV:F-1 JF.CT 1^I LOC AUTOMOBILE LIABILITY Cm S 1000000 A x ANY AUTO CAP7710811 12/28/03 12/28/04 ALL OWNED AUTOS scHEDUUGD AUTOS (Per person) — HIRED AUTOS BODILY INJURY NON.OWNED AUTOS {Po acrltldll) X Comprehensive $100 DED PROPERTY X Collision $500 DtD GARAGE LIABRRY AUTO ONLY•EAACCIDENYT S ANY AUTO EA ACC $ AUTO NNLT AGO S °YCEssfume't LIABILITY EACH OCCURRENCE s 3.0000000 _ 1 A ^�1 OCCUR I wu►RSMRDE cee44B2812 12/28/03 12/28/04 AGGREGATE 510000000 DEDUCTIBLE s X RETENTON 810000 VIORRERS COMPENSATION AND X ITOORRY LIMITS I I DER EMPLOYERS UM/IUD(' A Amy iPROOPRIfiToRIPARTNERlD�RRNE WC19103.12-0B 12/28/03 12/28/04 E -EAcHACcIDENT s 100000 OPPICQRI%1 BIDER'EXCLUDED? EL DISEASE-EAEMPLOYEE S 100000 R &sallwInder SPECIAL PROVISIONS eeler ..LL DISEASE•PDUCT LIMIT s 500000 OMER DESCRIPTION OF OPERATIONS/LOCATIONS I VE GI.E5 I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The City of Oshkosh, and its officers, council members, agents, employees, and authorized volunteers are included as an additional insured under General Liability as their interest may appear. CERTIFICATE HOLDER � - CANCELLATION �- OSHO 02 SHOULD ANY co THE ABOVE DESCRIED POLICES RE CANCELLED MORE THE EZP PATO! DATETHfEEEOF,THE ISSIMAG INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRn TEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SD SHALL City of Oshkosh Attn: Office of Clerks wPOwNoD�TIONORUA DN1TYOF ANY IOND UPON THE INSURER,ITCSOEPITsOR P.O. sox 1130 REPRESENTATIVES. Oshkosh WI 54902 AIITNOR RDNYEPRIMENTATIVE ramie Mickel 'CORD 25(20018) ®ACORD CORPORATION 1981 2004-AUG-04 02:43 FROM-ALPHA TERRA SCIENCE 920-892-2620 T-599 P.004/008 F-905 ACQRQM CERTIFICATE OF LIABILITY INSURANCE i l/AIG',MMIUUIT00 02/09/2004 PRODUCER (920)457-7781 FAX (920)459-6219 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Maritime Insurance Group, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 832 Niagara Avenue HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR PO Box 251 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW_ Sheboygan, WI 53082-0251 INSURERS AFFORDING COVERAGE NAIC#i INSURED Alpha Terra Science Inc - INSURER A: Frankenmuth Mutual 13986 1237 South Pilgrim Road IINUJHCH IS — Plymouth, WI 53073 INN1JHCHc INSURER 0. 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 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. INSR ADD'L TYPE OF INSURANCE POLKY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR!NM DATE(MMIODIWI DATE(MMIDDM9 LIMITS GENERAL LIABILITY CPP3025585 01/29/2004 01/29/2005 EACH OCCURRENCE S 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGEI0 RENTED $ 300 000 PREMISE'S LEs.sccumnrp� L_ CLAMS MADE I OCCUR MED EXP(Any one pomon) 4 10,000 A PERSONAL l:ADV INJURY 5 1,000,000 GENERAL AGGREGATE $ 2,000,000 OEN'L AOOREOATC LIMIT APPLIES PER: PRODUCTS-COMPIOP AGO T 1,000,000 POLICY — MT n LOC AUTOMOBILE LIABILITY BA3025585 01/29/2004 01/29/2005 rnMRINFnRINC,IFl imIT AN'!'n JTO IFa nrrinnh!) s 1,000,000 ALL OWNED AUTOS six u v muuP A X SCHEDULED AUTOS (Parpercon) X HIRED AUTOS — — BODILY IN.AuRY i X NON-UVVNtU AUIOS poracc MW4 PROPERTY DAMAGE $ (far occl aent) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO EA ACC OTHER THAN AUTO ONLY: AGG S EXCESS/UMBRELLA LIABILITY FAC:H Or.C:I RRFNC.F F Dccup CLAIMS MADE AGrREGAYE `F S DEDuCTIBLE S RETENTION S S — WORKERS COMPENSATION AND WC3025585 01/29/2004 01/29/2005 I IUIC,'v5LV1II ' X 11,,,i EMPLOY!R5'LIABILITY A ANY PROPRIETOR/PARTNERIExECUTIVE E,L.EACHACCCENT 5 500,000 nFFICFRIMFMRFR FXCI I/11FR9 CJ_DIGCADE-CA EMPLOY= s 500 s 000 SECAPROWONS tnuw E L DISEASE-POLICY LIMIT _,S SOO,000 OTHER DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION _ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Oshkosh EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL Attn: Darryn Burrich 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Dept of Community Devel opment 215 Church Street BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY PO Box 1130 OF ANY KIND UPON THE INSURER,rrs AGENTS OR REPRESENTATIVES, Oshkosh, WI 54903-1130 AUTHORIZED REPRESENTATIVE Denice Klett, AAI,ACSR,WISC ACORD 25(2001/08) ®ACORD CORPORATION 1998+ 2004-AUG-04 02:43 FROM-ALPHA TERRA SCIENCE 920-892-2620 T-599 P.005/008 F-905 JULY 13, 2004 04-225 RESOLUTION C ( ARRIED LOST LAID OVER _ WITHDRAWN _) PURPOSE: GRANT PRIVILEGE IN STREET; GRANT EASEMENTS / HIGH AVENUE INITIATED BY: ALPHA TERRA SCIENCE & GUNDERSON CLEANERS, PETITIONERS PLAN COMMISSION RECOMMENDATION: Approved w/conditions WHEREAS, Alpha Terra Science and Gunderson Cleaners have requested the Common Council grant them the privilege of installing a groundwater monitoring well within the right-of-way of the alley north of and adjacent to 118 High Ave., 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 Alpha Terra Science and Gunderson Cleaners the privilege of installing a groundwater monitoring well within the right-of-way of the alley north of and adjacent to 118 High Ave, per the attached, contingent upon the following: 1) The monitoring wells 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. 2) If no longer needed, the wells be properly abandoned and removed in accordance with City standards and under the direction of the Dept. of Public Works. 3) Any problem which may arise as a result of the placement of the wells be the responsibility of the petitioners to correct in coordination with the Dept. of Public Works. 4) All appropriate permits be obtained prior to the start of placement of the wells. 5) The wells be modified or removed immediately upon the request of the City. 6) 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. II{ � ' I� •2004-AUG-04 02:44 FROM-ALPHA TERRA SCIENCE 920-892-2620 T-599 P.006/008 F-905 JULY 13, 2004 04-225 RESOLUTION CONT'D 7) It is the responsibility of the petitioners 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 petitioners execute a hold harmless agreement with the City. BE IT FURTHER RESOLVED that the proper City officials are hereby authorized and directed to grant easements to Alpha Terra Science and/or Gunderson Cleaners for installation of monitoring wells within the parking lot of the Grand Opera House, and within the grass strip area of the High Ave. parking lot on the south side of High Ave. across from 118 High Ave., per the attached, and that any such placements shall be coordinated with and approved by the Department of Public Works. Conditions of approval are as noted above. BE IT FURTHER RESOLVED that the proper City officials are hereby authorized and directed to execute appropriate documents for purposes of same. I I I I I I I I I I -2004-AUG-04 02:44 FROM-ALPHA TERRA SCIENCE 920-892-2620 7-599 P.007/008 F-905 r E o E N 5, I L _ • <aA'lF7eoeon[+n III GP-4 PROPOSED NR141 MW-101 p GNU V ; PPOPOSEDGEOPROAE , 5 '�11 iVI 3 ill b PROPOSED GEOPROt - ' GP-10 L-, . II , Tia oii, PaAdry t.ot(asplim* ! GP-120 `t'} MtOB I/I i ® _tea _ I j 8 a �mar . .. . _r PP i I i E I l E I'��'�' a s - i ;` i DOOR COCK VAULTJ __ - GP-6 d 111 ji i s /\ a •tea DOOR c GM MW-1 01 ad I Slops toRar DO` vow W,..,...„ 1111 .1 .. i s Ill i .. Sri! CUIVDERSON . Lu /1 m CLEANERS ;< 1 118 High St GP.8 arnum + air .NG MW--102 ■ 1a0� E Pricing III i it 1 GP 10 Lot/ i m OrhmAway i former 7 W-11 eHr y momm City Oshkosh • Budding i ( ' (asphalt) i i 3 j i � i • � Thompson , MW-1 061 Studio Ni,III i e.xweMr /00f10 M i 1 :: 114 Nigh ! t - J Fret PZ 107 ■• ._ 3 ►�� I�r - - r-... Door e, r■ SIDEWALK 1103 III - i tirroi OA Uri 0 Maw BPUMNO$ r '' - rw.untko cap W 9x00 z i ( '-` III No O'Oedw Shn a� ar to o,m----------------------...---..--------—.HIP STREET.-._._...... > ..._- III Irmo.. t 5. • m a MW-105 104 1 I y tt 0 .2004-AUG-04 02:45 FROM-ALPHA TERRA SCIENCE _ - 920-892-2620 T-599 P.006/008 F-905 .. Attachment to Privilege In Street Application, Gunderson Cleaners, 1 WI 118 High Avenue, Oshkosh, The proposed scope of work includes the installation II within the right-of-way of the City of Oshkosh. The work is being monitoring complet for for an environmental investigation of the Gunderson Cleaners facility on High Avenue(Figure 1). AU six planned well and boring locations are shown on Figure - Right of Way are shown on maps provided 3, the details regarding ei`ures 2 the ). of Oshkosh (F Su and 4). Each monitoring well (MW-102 through MW-105, TW-12) will be installed using a trick-mounted drill rig with hollow stem augers. An 8-inch diameter borehole will be advanced to approximatel II 15 to 35 feet below grade, and a 2-inch diameter Schedule 40 PVC monitoring well wi y installed at the borehole base. Filter pack sand and a bentonite clay seal will be used to isolate the III screened interval of the well,per WAC NR141 well construction code. The surface will be completed using a I0-inch diameter flush mounted traffic-weight protective well cover;which will be cemented in place. The well cover will be bolted shut, and a locked, watertight well cap will cover the 2-inch PVC inside the steel cover. The borehole (GP-13)will be installed using a continuous flight auger and split spoon sampling techniques, or smaller diameter hollow stem augers, to a depth of approximately 20 feet. boring will be backfilled upon completion using bentonite y This asphalt patch to grade, g ntomte clay, The surface will be restored with IIITwo of the monitoring wells (MW-102 and _ east of the Thompson Studio building located a 114 High Street(Figure 2, Figure asphalt Well W- 103 will not be completed in the concrete of the sidewalk; it will be immediately 3) Well MW_ sidewalk in the asphalt (Figure sidewalk; �mrnediately north of the e 2). Two other monitoring wells (MW-104 and MW-105) will be located in the 10-foot wide grass vegetation strip immediately south of the concrete sidewalk south I of High Street,just north of the 115 High Avenue property(Figure 2). Monitoring well TW-12 and GP-13 will be installed in the alley north of the Gunderson Cleaners I building, approximately 10 feet north of the sanitary and storm sewer lines and even with the Gunderson Cleaners dock door and eastern edge of the building, respectively(Figure 4). Precise final locations will be dependent on utility locations, which will be marked by Diggers Hotline prior to completion of the work IIGroundwater samples will be collected from • the wells Wisconsin Department of Natural Resources. The duration on of the s will de endd on the Iresults of the testing,but will likely be necessary for a period of two years or longer. The WDNR contact for this project is Ms Kathy Sylvester at the WDNR Oshkosh office. She can be reached at 424-0399. IIUpon completion of the groundwater filling the-PVC with bentonite clay and restoration the wells will be of the ground surface with per 1 r cph t,by II depending upon the location of the well. or asphalt, CLpca gundmon din cn inal2004-OlkryortAPcnn%nwttGOc I