HomeMy WebLinkAboutWisconsin Public Service/Court St & Ceape Ave CITY HALL
215 Church Avenue
P.O.Box 1130
Oshkosh,54903-1130 City of Oshkosh
OJHKO/H
City Attorneys Office
Phone: (920) 236-5115
Fax: (920) 236-5090
http;//www.ci.oshkosh.wi.us
July 28, 2004
WISCONSIN PUBLIC SERVICE CORP.
ATTN: Shirley Scharff
700 N. Adams St.
PO Box 19002
Green Bay,WI 54307-9002
RE: Privilege in Street Permit/City of Oshkosh—Court St. &Ceape Ave.
Sec. 66.045,Wis. Stats.
Dear Sir/Madam:
On July 27, 2004,by resolution#04-251, the City of Oshkosh Common Council approved 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 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.
Sincerely,
Olgt,c,a5L LOUISE?,ryZ t.g,6
W
Legal Secretary
Enclosures
cc: Pamela R Ubrig,City Clerk
Dave Patek, Dir. of Public Works
Mike Fischer, Public Works
Darryn Burich, Community Dev.
JULY 27, 2004 04-251 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: GRANT PRIVILEGE IN STREET / NORTHWEST CORNER OF
COURT STREET. AND CEAPE AVENUE, ADJACENT TO 101
COURT STREET
INITIATED BY: WISCONSIN PUBLIC SERVICE CORP., PETITIONER
PLAN COMMISSION RECOMMENDATION: Approved w/conditions
WHEREAS, Wisconsin Public Service Corp. has requested the Common Council
grant them the privilege of installing a groundwater monitoring well within the right-of-
way of Court Street and Ceape Avenue, adjacent to 101 Court Street, 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
Wisconsin Public Service Corp. the privilege of installing a groundwater monitoring well
within the right-of-way of Court Street and Ceape Avenue, adjacent to 101 Court Street,
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 Department of Public Works.
2) 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.
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 well.
5) The well 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.
7) 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.
8) The petitioner execute a hold harmless agreement with the City.
AGREEMENT t,/7
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 a ground water monitoring well within the public right-of-way of Court Street
and Ceape Avenue, adjacent to 101 Court St., per attachment 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 this 3rd day of August , 2004.
WISCONSIN PUBLIC SERVICE CORP.
Na; )46:141.67 a, �� And:
Name&Title: Shirley Sch ff Name &Title:
Manager-Environmental Programs
STATE OF WISCONSIN )
SS.
WINNEBAGO COUNTY )
erso ally came efore a this t day of Q ± , 2004, the above-named
a.._,, - to me known to he the person(s)
and officer(s)who executed the f Ming document on beha of said Wisconsin Public Service Corp.and
acknowledged the same. >�
2 /'`.� `
N tao ry Public, 0-*-- Co.,Wisconsin
My Commission: (r\c Ct I I( aoC)8
Attachment: Resol. #04-251 dated 7/27/04 of the Oshkosh Common Council
w/attached "Exhibit A".
Form B (Additional Insured) Certificate Number: 101706
ASSOCIATED ELECTRIC & GAS INSURANCE SERVICES LIMITED
Hamilton, Bermuda
CERTIFICATE OF INSURANCE
(Excess Liability)
This Certificate is furnished to the Certificate Holder named below as a matter of information only. Neither this
Certificate nor the issuance hereof modifies the policy of insurance identified below (the "Policy") in any
manner. The Policy terms are solely as stated in the Policy or in any endorsement thereto. Any amendment,
change or extension of the Policy can only be effected by a specific endorsement issued by the Company and
attached to the Policy.
The undersigned hereby certifies that the Policy has been issued by Associated Electric & Gas Insurance
Services Limited(the"Company")to the Named Insured identified below for the coverage described and for the
policy period specified.
Notwithstanding any requirements,terms or conditions of any contract or other document with respect to which
this Certificate may be issued or to which it may pertain,the insurance afforded by the Policy is subject to all of
the terms of the Policy.
NAME OF INSURED: Wisconsin Public Service Corporation
PRINCIPAL ADDRESS: 700 North Adams Street, Green Bay,Wisconsin 54301
POLICY POLICY From: 11/15103
NUMBER: X0215A1A97 PERIOD: To: 11/15/04
RETROACTIVE DATE: November 15, 1986
DESCRIPTION Claims-First-Made Excess Liability Policy covering claims for Bodily Injury, Property
OF COVERAGE: Damage and Personal Injury arising from the operations described below.
LIMIT OF
LIABILITY: $2,000,000.00 per occurrence and in the aggregate,where applicable
ADDITIONAL The Certificate Holder is an additional insured under the Policy but only(i)to such
INSURED: extent and for such Limits of Liability(subject always to the terms and Limits of Liability of
the Policy)as the Named Insured has agreed to provide insurance for the Certificate Holder
under the following contract: Wisconsin Public Service Corporation to install a ground
water monitoring well within the public right-of-way of Court Street and Ceape Avenue per
agreement dated August 3rd 2004 with the City of Oshkosh and resolution 04-251 dated
7/27/04 of the Oshkosh Common Council and(ii)with respect to the following operations:
Wisconsin Public Service Corporation to install a ground water monitoring well within the
public right-of-way of Court Street and Ceape Avenue.
Should the Policy be cancelled,assigned or changed in a manner that is materially adverse to the Insured(s)
under the Policy, the undersigned will endeavor to give 30 days advance written notice thereof to the
Certificate Holder; but failure to give such notice will impose no obligation or liability of any kind upon the
Company,the undersigned or any agent or representative of either.
DATE: August 3,2004 ("Certificate Holder")
ISSUED TO: City of Oshkosh
215 Church Avenue AEGIS INSURANCE SERVICES, INC.
P.O. Box 1130
Oshkosh,WI 54903-1130
BY. 1.-j\' L5UvlAjt'll
At Jersey City, New Jersey
9001 (6187)
Copies:White--Certificate Holder;Canary--Aegis Insurance Services,Inc.;Pink--Insured;Goldenrod--Broker