HomeMy WebLinkAboutKoch Telecommunications
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City Attorney's Office
Phone: (920) 236-5115
Fax: (920) 236-5090
http;/Iwww.ci.oshkosh.wi.us
CITY CLERK'S OFFICE
July 2,2003
Koch's Telecommunications Service, Inc.
ATTN: MikeKoch
PO Box 365
Hustisford, WI 53034
RE:
Privilege in Street Permit/City of Oshkosh
Sec. 66.045, Wis. Stats.
Dear Mr. Koch:
0:5-120
On June 24, 2003, by resolution~, 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 execute and return to us as soon as possible. These conditions of auuroval must be met before yQ!!
exercise the urivilege 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
Warren P. Kraft
City Attorney
cc:
Pamela R. Ubrig--City Clerk
Dave Patek, Dir. of Public Works
Matt Tucker, Community Dev.
t(&) ; :/: ?
1Jt:'~
JUNE 24, 2003
03-180
RESOLUTION
(CARRIED
6-0
LAID OVER
WITHDRAWN
LOST
PURPOSE:
GRANT PRIVILEGE IN STREETNARIOUS LOCATIONS
INITIATED BY:
KOCH'S TELECOMMUNICATIONS SERVICE INC, PETITIONER
PLAN COMMISSION RECOMMENDATION: Approved w/conditions
WHEREAS, Koch's Telecommunications Service Inc. has requested the
Common Council to grant them the privilege of installing fiber optic cable within the
right-of-way at various locations within the City for the Oshkosh Area School District;
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
Koch's Telecommunications Service Inc. the privilege of installing fiber optic cable within
the right-of-way at various locations within the City, per the attached, contingent upon
the following:
1 )
The fiber optic cable 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.
If no longer needed, the fiber optic cable be properly abandoned and removed in
accordance with City standards and under the direction of the Dept. of Public Works.
Any problem which may arise as a result of the placement of the fiber optic cable be the
responsibility of the petitioner/owner to correct in coordination with the Dept. of Public
Works.
All appropriate permits be obtained prior to the start of placement of the fiber optic cable.
The fiber optic cable be modified or removed immediately upon the request of the City.
The petitioner/owner secures and submits 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/owner 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/owner execute a hold harmless agreement with the City.
2)
3)
4)
5)
6)
7)
8)
-',-. ~
AGREEMENT
WHEREAS, the City of Oshkosh has granted to the undersigned a privilege to place an obstruction
within the street right-of-way as follows:
Installing fiber optic cable within the right-of-way at varous locations within the City for the
Oshkosh Area School District, per the attached Exhibit (Resol. 03-180 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/herlits 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 thiS1d:b. day of ~-, 2003.
KOCH'S TELECOMMUNICATIONS SERVICE, INC.
By: ~ iJ<.J; And: ~ ~
Name&Titie:Mt~ Koch Name & Title: Mìohc.¡.e.~h
Pre- icten-t Wee P(e~1 d€ n+
STATE OF WISCONSIN)
) SS.
WINNEBAGO COUNTY )
~er nail came before me tha)~ ~ o~¥ 2003, the above-named
and . to me known to be the
(na.. title) (name & title)
person(s) and officer(s) who executed the foregoing document on behalf of said KOCH'S
TELECOMMUNICATIONS SERVICE INC. and a k owl dged the s e.
Attachment:
"",' #O~ 180 ,'" ","'m,," ""'@¡ :¡FfñiC~~WO Coo","
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JUNE 24, 2003
03-180
RESOLUTION
(CARRIED
LOST
LAID OVER
WITHDRAWN
PURPOSE:
GRANT PRIVILEGE IN STREETNARIOUS LOCATIONS
INITIATED BY:
KOCH'S TELECOMMUNICATIONS SERVICE INC, PETITIONER
PLAN COMMISSION RECOMMENDATION: Approved w/conditions
WHEREAS, Koch's Telecommunications Service Inc. has requested the
Common Council to grant them the privilege of installing fiber optic cable within the
right-of-way at various locations within the City for tt¡e Oshkosh Areà School District;
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
Koch's Telecommunications Service Inc. the privilege of installing fiber optic cable within
the right-of-way at various locations within the City, per the attached, contingent upon
the following:
1 )
The fiber optic cable 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.
If no longer needed, the fiber optic cable be properly abandoned and removed in
accordance with City standards and under the direction of the Dept. of Public Works.
Any problem which may arise as a result of the placement of the fiber optic cable be the
responsibility of the petitioner/owner to correct in coordination with the Dept. of Public
Works.
All appropriate permits be obtained prior to the start of placement of the fiber optic cable.
The fiber optic cable be modified or removed irnmediately upon the request of the City.
The petitioner/owner secures and submits to the City Clerk a separate insurance, policy
which names the City as an additional insured with a minimurn coverage of $200,000 per
person and $500,000 in general aggregate.
It is the responsibility of the petitioner/owner to file in a timely manner a new insurance
certificate with the City Clerk upon expiration of an existing certificate. Faiiure to do so
will result in the revocation of the privilege in street upon 10 days notice.
The petitioner/owner execute a hold harmless agreernent with the City.
2)
3)
4)
5)
6)
7)
8)
ÇYh. A-t
City of Oshkosh
Fiber Optic Construction
D.
N
06-17-2003
Scale: 1" =250'
City of Oshkosh Wisconsin
Community Development
1000 0 1000 2000 3000 Feet
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Date. 7/8/2003 Time. 9.S8 AM To.
@ 19203493092
Paoe. 002-003
"lIentil: 4048 KOCHTFL
ArnRn, CERTIFICATE OF LIABILITY INSURANCE I DATE (MMjDD/YY)
07/08/03
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Security Ins. & Fin. Serv,lnc. ONLY AND CONFERS NO RIGHTS UPON THE CERTiFICATE
P.O. Box 510925 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
New Berlin, WI 53151-0925
262 785-9490 INSURERS AFFORDING COVERAGE
INSURED INSURERAo Transportation Insurance
Koch's Telecommunications Service, Inc. INSURER So Transcontinental Insurance
& MI-De Excavating Contractors INSURER Co
P.O.Box 365 - 255 S. Ridge Str. INSURER Do
Huslisford, WI 53034-G365 INSURER Eo
COVERAGES
THE POliCIES OF INSURANCE liSIED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POliCY PERIOD INDICATED, NO1WITIISTANDIN
~~ ?J~~~~ ~~~ ~;'gii,':' Bo; = pg~~'iJE~~~~I~NS~~ ?oS~ ~E :S. i?:,i3:0'J'i~ c~6rA~J~~~u~
POliCIES, AGGREGAIE liMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
~~I} TYPE OF INSURANCE POLICY NUMBER ~,;;~",v~!,~!i,<;;'\)'Ji P'?!.ii,]'~J'~);igN LIMITS
B ~ERALLIABILITY TCP1080780943
X-Fl'MERCIALGENERALLIABILITY
- f-J CLAIMS MADE IX! OCCUR
10/03/02
10/03/03
BACH OOCURRENCE
$1000000
1250000
15000
11 000.000
12 ooo.nnn
12 000.000
FIRE DAMAGB (Any 0""")
MBD BXP (Any 00"","000)
PBRSONAL & ADV INJURY
GBNERALAGGRBGATE
~UGGRE~ LIMIT AP~ PERo
IpoLIcyIXI::',g: I ILOc
PRODuers -COMPIOP AGG
B ~OMOBILELIABILITY
~ ANY AUTO
- ALL OWNED AUTa;
- SCHEDULBDAUTOS
~ HIREDAUTa;
~ NON-OWNEDAUTOS
BUA 1080780857
10/03/02
10/03/03
COMBINED ~NGLE LIMIT
(1!.~,¡-)
11,000,000
BODILY INJURY
(P"p=o)
BODILY INJURY
(P"oo""=')
PROPBRTY DAMAGE
(P"oo""=')
"lRAGE LIABILITY
I ANnUTO
A BXCESS LIABILITY CUP2053785859
~'OCCUR 0 CLAIMS MADB
I DEDUeriBLE
I RETENTION
10/03/02
10/03/03
AUTOONLY-BAACClDENT 1
of HER THAN BAACe I
A1JTOONLYo AGG I
BACH OOCURRENCE $2 000.nnn
AGGREGATE $2 000.000
A WŒKERSCOMPENSATION AND
EMPLOYERS'LIABILITY
WC1080739440
10/03/02
10/03/03
.
X ~':!,~~~Z,yT' I I"J~-
E_L. BACH ACCIDENT $100 000
E.L.DISI!AS!! -BAEMPLOYEE 0100000
S.L. OISBASB - POLICY LIMIT $500 000
OTHER
DESCRIPTION OF OPERATION~LOCATIONS/VEHICLES!EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
City of Oshkosh, its officers, council memebers, agents, employees, and
authorized volunteers are named additional insured for gerneralliability
with regard to work performed by the named insured.
CERTiFICATE HOlDER I I ADDrrIONALINSURED'INSURERJETrERo
CANCELLATiON
City of Oshkosh
215 Church Avenue
Oshkosh, WI 54801
SHOULD ANYOFTHEABOV< DESCRIBED POLICIES BE CANCELLED BEFORETHEEXPIAATION
DATE THEREOF. THE ISSUING INSURER WILLENDEAVOR TOMAIL1O..-DAYSWRIITEN
NOTICETOTHE CER'11FICATE HOLDERNAMEDTOTHEJEF'r, BUTFAILURE TODOSOSHALL
IMPOSE NO OBLIGATION ORLIABILrrYOF ANY KIND UPON THE INSURER,ITS AGENTS OR
REPRESENTATIVES.
CH~RIZED ';;':'ENT¿j.E.
J J'M-
ACORD 25.S (7/97) 1
of2
HS80981/M73355
CAC
@ ACORD CORPORATiON 1988