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HomeMy WebLinkAboutNorthwest Cable Construction City Attorneys Office Phone: (920) 236-5115 Fax: (920) 236-5090 http;//www.ci.oshkosh.wi.us May 13, 2004 Mr. Dan Becker Access Engineering 790 Marvelle Lane— Ste. 2 Green Bay, WI 54304 RE: Privilege in Street Permit/City of Oshkosh Sec. 66.045, Wis. Stats. Dear Sir/Madam: On March 23,2004,by resolution#04-66,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. I apologize for the delay in getting this document to you. 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, CITY OF OSHKOSH Lynn A. Lorenson Asst. City Attorney cc: Pamela R. Ubrig--City Clerk Dave Patek, Dir. of Public Works Mike Fisher, Public Works Darryn Burich, Community Dev. -,- Fiankenmutli I N S U R A N C E NAMED INSURED POLICY NO. POLICY TERM AGENT NO. ACCESS ENGINEERING LLC CPP 0713074 05/18/2004 to 05/18/2005 0480705 CASUALTY EVIDENCE OF INSURANCE Insured: ACCESS ENGINEERING LLC Agent:TRUYMAN-HAASE INS,AGCY,INC. 4933 ALLEN RD PO BOX 6, 114 SOUTH MAIN ST LITTLE SUAMICO,WI 54141 SEYMOUR,WI 54165 (920)833 - 6871 Policy Number: CPP0713074 Effective Date: 05/18/2004 Expiration Date: 05/18/2005 R 1 This Evidence of Insurance verifies that the insurance coverages and limits shown below have been issued to the named insured by the above insurer. Coverage is in force as of the effective date shown above. These coverages are subject to the policy provisions. Policy coverage is not in any way changed or extended by this form. COVERAGES Type Location(s)/Description(s) Limits of Insurance Deductible Commercial 790 MARVELLE LANE General Aggregate $1,000,000 General GREEN BAY,WI Each Occurrence $500,000 Liability BROWN 54304 Personal&Adv Injury $500,000 Med Exp(Any one person) $10,000 Fire Damage(Any one fire) $300,000 Employment Practices Liability $100,000 i i ..., i : t.�s'_ Y q► 7004 ; .• +;;,.j1, CS , THE LIABILITY LIMITS SHOWN MAY HAVE BEEN REDUCED BY A PAID CLAIM. Special Conditions/Other Coverages: ADDITIONAL INTEREST NAME AND ADDRESS Type of Interest: CITY OF OSHKOSH ADDITIONAL INSURED ATTN: CITY CLERK PO BOX 1130 , OSHKOSH, WI 54902 DB FM768(7-04) MARCH 23, 2004 04-66 RESOLUTION (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: GRANT PRIVILEGE IN STREET/VARIOUS LOCATIONS INITIATED BY: ACCESS ENGINEERS LLC & OSHKOSH AREA SCHOOL DISTRICT, PETITIONERS PLAN COMMISSION RECOMMENDATION: Approved w/conditions WHEREAS, Access Engineers and the Oshkosh Area School District have requested the Common Council to grant them the privilege of installing fiber optic network within the right-of-way at various locations within the City, 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 Access Engineers the privilege of installing fiber optic network within the right-of-way at various locations within the City, 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. 2) If no longer needed, the network 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 fiber optic network be the responsibility of the petitioners to correct in coordination with the Department of Public Works. 4) All appropriate permits be obtained prior to the start of placement of the network. 5) The network 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 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 within 10 days of notice. 8) The petitioners execute a hold harmless agreement with the City. ~ e.6~ AGREEMENT WHEREAS, the City of Oshkosh has granted to the undersigned a privilege to place an obstruction within the street right-of-way as foiiows: Installment of fiber optic network within the right-of-way at various locations within the City of Oshkosh per the attached Exhibit (Resal. 04-66) with attachment). WHEREAS, State iaw provides that by its acceptance of this privilege the undersigned shaii 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 soiely responsibie for his/her/its activities under this agreement. The undersigned hereby reieases the City of Oshkosh from aii debt, claims, demands, damages, actions and causes of action whatsoever which may resuit 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 harmiess against aii 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 empioyees. Further, the undersigned agrees to indemnify and refund to the City aii 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 liberaiiy 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 aii terms and conditions contained in any authorizing resolution adopted by the City of Oshkosh Common Council, which is incorporated by reference as if fuiiy recited within this document. By executing this agreement and by using the privilege, the undersigned agrees to fuiiy abide by such terms and conditions. including revocation upon written notice for noncompliance with the authorizing resolution and this agreement. Dated this 27th day of May ,2004. NORTHWEST CABLE CONSTRUCTION, INC. ~~ By: ~ .Ie' /~ And: 4:- -- ---. Name & Title: ~ 1¿<l-fV'~/ Name & Title: DT L~'J(¡'.i IJ;t~"::?f.Ç. 'J~L STATE OF WISCONSIN) WINNEBAGO COUNTY ) ) SS. Presi d~~r:onaiiY came before m:n~iS ~P~':rsioJe~ ~~~~ :~~w~~~v~~~~~ed (name & title) (name & title) person(s) and officer(s) who executed the foregoing document on behalf of said NORTHWEST CABLE CONSTRUCTION, INC. and acknowledged the sa e. Attachment: Notary Publi Co., Wisconsin My Commission: à' 0 'ò"\ If ::u... " Resol. #04-66 and attachments dated 3/23/04 of the Oshkosh Common Council ... . II . , I . . I I I . I I I I I I I MARCH 23, 2004 04-66 RESOLUTION (CARRIED í. 0 LOST LAID OVER WITHDRAWN PURPOSE: GRANT PRIVILEGE IN STREET I VARIOUS LOCATIONS INITIATED BY: ACCESS ENGINEERS LLC & OSHKOSH AREA SCHOOL DISTRICT, PETITIONERS PLAN COMMISSION RECOMMENDATION: Approved w/conditions WHEREAS, Access Engineers and the Oshkosh Area School District have requested the Common Council to grant them the privilege of installing fiber optic network within the right-of-way at various locations within the City, 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 Access Engineers the privilege of installing fiber optic netwòrk within the right-of-way at various locations within the City, 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 network 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 fiber optic network 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 network. The network 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 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 within 10 days of notice. The petitioners execute a hold harmless agreement with the City. 2) 3) 4) 5) 6) 7) 8) \ OSh~OSh NOrth~VE.~TH~' ~V~:VE - ,II \ High School, i~~~ " DOCTOR --,-, ~ .T I . w,,\,,== A. ' ~ '" ~ ~ w wi -~...u...; "'Avel RIVERS"'" \;';",0 A . '~.~AV~ ~ ~ CT. --f' ,;t 1:"77 ~ 1 ~ ~ ERV '\ W VE. ~\ Oal<lawn ,~-š-1Stition #1h~ ~ ~ ð ~1~ .I , ã ~ :: ~ ~ ^. Elementary "". g I~ w ~ ~ 0 £ . ~ -I ~ ~ ~i W_MU""F'VE. I~MURDOCKAVE.\~ VEIl J-1"1 ..,,~. A -~~ h HuR. í J CTw !."I ~ANlE'o ." =~ VE_' ~Iae' A. - 81 d~ 'll ~ ~ ~ ~Iw E '7ië:' : r-h ~ JE~eïline, F' - CA'@:. biie Ii; '; 'I' ;.v,=Rld ~I ~-k-~~..j" .~ AV].i;~~ G,;;;;;;r VE, ~ seum ~ -" ~ ~ g w- ~ ~ 15 ~!e"ES!eE VEI~I ~4 ' ~ f--I~ .E,J; Read A~lt~ w. +-j" ~ A £VAi ~ ~ ~;;¡À-vJ~!II¡ Elementary ~ 'I ~I~ w.' I I . " V \1 ~""'"~~\IN,""~' ~J~ AVE ~~ Mem,'DEI,e,m,' enta'ry t ",,01'-';/ dw \ ' WE 0 : ~ _iá"'" I" VE & Middle ~ '" ~, ~ ~/\ ~ zTI '" AV '-'"RH'; §, 8 ~\ X AVE.. ~ ~ "'I IW- e'-. 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W_","AV~ \\ II . 8";', 'i,,\,':,,"'. :,,),'J OJHKOfH .'TH""'" City of Oshkosh Oshkosh Area School District Fiber Optic Network 0 0.125 0.25 Miles 0.5 ----- Aerial Construction æ棣æ Underground Construction City Attorney's Office Phone: (920) 236-5115 Fax: (920) 236-5090 http;/Iwww,ci,oshkosh,wi.us May 24,2004 Northwest Cable Construction, Inc. W23057085 Guthrie School Rd, Big Bend, WI 53103 RE: Privilege in Street PennitlCity of Oshkosh Sec- 66.045, Wis. Stats, Dear Sir/Madam: On March 23, 2004, by resolution #04-66, the City of Oshkosh Common Council approved a privilege in street pennit subject to certain conditions that are made a part of the approval resolution, In order for the pennit 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 hannless, from all liability arising from your use of the pennit. 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. Ifnot, 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, . CITY OF OSHKOSH Lynn A. Lorenson Asst. City Attorney cc: .PamelaR;' Ubrig-cCityClerk Dave Patek, Dir. of Public Works Mike Fischer, Public Works Darryn Burich, Community Dev. Don LaFontaine, Purchasing 06/16/2004 WED 10: 29 FAX 9204240466 0: 6/¡6/2004 nmo' ¡a ,", AM To: ,,».a4He4.. OSHKOSH AREA SCHOOL DIST 141002 Pa9.' Da.-OO3 CllenUl' 4018 NORTCAB ACORDm CERTIFICATE OF LIABILITY INSURANCE I "AU (MM"'OIYYYY) 08/16/04 POOOU"'" THIS CERllRCATE IS ISSUED AS A MATTER OF INFORMATION SecurIty Ins. & Fin. Serv,lnc. ONLY AND CONFERS NO RIGHTS UPON THE CERllACATE HOLDER. THIS CERTIACATE DOES NOT AMEND, EXT~D OR P.O, Box 510925 ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW- New Berlin, WI 53151-0925 262 785-9490 INSURERS AFFORDING COVERAGE NAIC# INSU.EO INSU,,",," General CasualtY Company NorlhwÐst CobiA Construction, Inc, IN.UAoA B: P,O. Box 339 INSI)"E" c: Big Bt>nd, WI 53103 I"OU.". ¡. INSIIRE~ ê: COVERAGES 1l-Œ eOLICIES OF INSU.ANO¡¡ LlsT"O B"'-oW HAV" BŒN ISSUEOTo THE INSURED NAMED A60VE FOR THE POLlOY eEF\IOD INDloAT5D, No'IWrTI1STANDING ANY "BJUIREMENT, TERMOR OONDmON OFANY OONTRAOTOROTHER DOOU MENT WITH .Ese"c"I' TO WHIOH THIS CERTIFIOATEMAY BE ISSU!Ð OA MAY ~¡;¡;¡-rAIN, TH¡¡INSURANCEAFFORDED SYTH¡¡ POLICI.,. D5SCRIE!EDHEREIN IS SU6JEOTTO ALL T1--IETE!'\MS, EXCWSIONSAND CONDmONSOFSUCH PDUCIES. AGGREGATE LIMITS SHOWN MAY HAVE 6EEN REDUCED 6Y PAID CLAIMS- ;TI;'~~ 1VPEOFINSlmANŒ POUc:YNUM8ER POUCYE...cnVE Pg~-r:~.~I~~ A ~NE""L UABIU1V CC10246a60 03/25¡U4 03/25/05 ~::;~:~~:~~i~l .!....~ME"aAL""N""ALLlA.IUTV -I-----J'UIMSMADE [ij""Ç,,IH MEOExI' "",000'",",,") X PD Dod:1,OOO P""SONALUC>VI"~JI<v A -"êiUGG.E~,IIMIT AP~S PER Ipouey! XI':t'¡¡¡ I ILOC Æ!.TOM08ILE LlABIUN CBA0246a60 1L ANV AUTO - ALLnWNEC>AI-,'OS - SOHEDUlEIJAUTOS ~ HI.EDAUTOS 1L ",)N-',>WN.t>AUI'_" 03/25/05 0:1/25/04 ~RAGE LJAalL1N ,ANVAUTO -';'FSIUM8RE:LLA UA81lJTY ~ OCCU" D ClAI MS MADE I DEDII<::TIBLE '"ETENTION < A WORKEASCOMPENSATION ANO ",,""OV"R.' UA6ILJ1V ANV PROfAIETOR",A"TNER/EXEClJT1VE OFFle""""EM"E. EXCLUDCO? liyO<, -="""'".0' .eO"AL '~",1VI",ONS .,Iow OTHER A 03/25¡U4 CCU0246a60 03/25/05 03/25/04 03/25/05 CWC0248360 oe9C.IPTION OF OPERATION5 (LOCATION5/VEHICLES / EXCI..UOIONS AODEO "YENOOASEMENT /""eOAL P"OVISIONS Tho following art> named addìllonalln~urod for gono""lllablilty with regard to work porformed by tho nomAd insurod and 10r automobll.. IIQbll1ly with regard to tho nam..d insu....d's ownod autos: City af Oshkosh, it:; officÐI'$, council mombors, agonts, omploYÐÐS and authorj,:od Yoluntool'$, and Oshkosh ArÐa School DlstriçL CERTIRCATE HOLDER CANCELLATION "ËN"RAL AC,,"EGATE ".OOUCTS - COMP/O. AGG "'MBINEO SINGLE LIMIT lEa ""'nI) SOOILYINJU.V ¡P~""~~} "OOILVINJIJ.y """00_) pr;t)'B'rrY OAMAŒ ¡P""'d."O LIMITS '1 000000 1500 000 <10000 >1000 noD OJ! OOOODO 02000 noo 01,000,000 . . . AUTOO"I,Y.~AA"("[>E", , EA ACO . AC" . 05 000 000 06 000 000 . , 0 X "":STAHI- loJ~' E.L_EAOIACCIDENT 5500000 E.L. DISEASE - EA EMPlOVE .500000 EU"SËASE-POUCYUMIT .500000 OT""RT"AN AUTO ONLV: EACH OCClJ""ENCE AGGREGATE IT Œ~~~WŒ ~l JUN 162004 ..... :!. CITY CI ERK'S OFFICE City of Oshkosh and Oshkosh ArÐa Sohoold District 215 Church Str~~t Oshkosh, WI 54901 ""aULD ANV ""THE AacVE CESCRISED OOl.l"E. BE CANCElLED .EFO"E:n« E"'OAnON OATE1>Œ.eOl', '!WE "'SUING INSU"E" WIll. .NO.4YOR TO MAIL .....3IL OAYS WRITTEN NOTICE TO 1>Œ CERnACA"" HOLD"" NAM.O To TH" "EFT, "OT FAIUJRE TO 00 SO SloIALL IMPO.E NO 06UGATION OR UABIUT'f "" ANY kiND UPON -rHE 'NSUAER, "" AQENTS OA ""PAE9ENTATIVES. A"""""ZEO REPOE..NTA'IlVj ,,) a.. . ACORD 25 (2001/00) 1 of 2 #S90227!M87612 CAC " ACORD CORPORATION 1.'"