The URL can be used to link to this page

Home My WebLink AboutMultimedia Communications & Engineering/Winnebago County • AGREEMENT WHEREAS, the City of Oshkosh has granted to the undersigned a privilege to place an obstruction within the right -of -way as follows: Installation of fiber optic cable in city right -of -way connecting Winnebago County's Health & Human Services Bulding located at 220 Washington Avenue to the former Oshkosh B'Gosh Building at 112 Otter Avenue, per the attached Exhibit A. 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 sidewalk right -of -way, the undersigned agrees that he is solely responsible for his 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 sidewalk 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. u " Dated this 5 day of )"/o( , 2010. WINNEBAGO / 1\ COUNTY p By: Yl�'/4i.- ` / And: Gt »ate uJ b. � Name & Title: Mark L. Harris, County Exec. Name & Title : cCE c ', 1/4 td 0. \�Q� L ukA Off c\k, M.kt STATE OF WISCONSIN ) SS. WINNEBAGO COUNTY ) Perso ally came befor me this day of / , 2010, the above -named 1116j • e trri 5 and - 111 - 1 CC& f &b� of WINNEBAGO UNTY to me kaorNM'to,t;e such person(s) and officers who executed the foregoing document . d acknowledged that they�eute adAhd' a as such officers by its authority, for the purpose therein con . ined f . _;f✓i No r,1 y • Notary Public - 01Iihek Co. �� so� EC . My Commission: t° u Attachment: Exhibit A - Resol. #10 -86 and attachments of Oshkosh Common Council Meet 3/23/2010. EXHIBIT A MARCH 23, 2010 10 -86 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE GRANTING PRIVILEGE IN STREET TO MULTIMEDIA COMMUNICATIONS & ENGINEERNIG INC TO INSTALL FIBER OPTIC CABLE AT VARIOUS LOCATIONS ON BEHALF OF WINNEBAGO COUNTY BETWEEN 220 WASHINGTON AVENUE AND 112 OTTER AVENUE INITIATED BY: MULTIMEDIA COMMUNICATIONS & ENGINEERING, PETITIONER; WINNEBAGO COUNTY, OWNER PLAN COMMISSION RECOMMENDATION: Approved WHEREAS, Winnebago County requests the Common Council grant a privilege in street to Multimedia Communications & Engineering Inc., general contractor and other subcontractors as may be required to install fiber optic cable to connect Winnebago County offices at 220 Washington Avenue and 112 Otter Avenue, 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 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 Multimedia Communications & Engineering Inc., general contractor and other subcontractors as may be required to install fiber optic cable to connect Winnebago County offices at 220 Washington Avenue and 112 Otter Avenue, per the attached, and upon completion of said installation, Winnebago County will assume liability for said cable within the right -of -ways, contingent upon the following: 1) The fiber optic system 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 fiber optic system 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 system be the responsibility of the contractors and owner to correct in coordination with the Department of Public Works. MARCH 23, 2010 10 -86 RESOLUTION CONT'D 4) All appropriate permits be obtained prior to the start of placement of the fiber optic system. 5) The fiber optic system be modified or removed immediately upon the request of the City. 6) The fiber optic system be part of and documented with Digger's Hotline system. 7) The petitioner, contractors and owner of the fiber optic system 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. 8) 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. 9) The petitioner, contractors and owner of the fiber optic system execute hold harmless agreements with the City. CERTIFICATE OF INSURANCE ISSUE DATE: 4/14/2010 AEGIS CORPORATION THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CER'T'IFICATE HOLDER. THIS CERTIFICATE DOES NOT 18550 W. CAPITOL DRIVE AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW BROOKFIELD, WISCONSIN 53045 TEL:(800) 236 -6885 FAX:(262) 781 -7743 COMPANIES AFFORDING COVERAGE INSURED: Winnebago County P.O. Box 2808 Oshkosh, WI 54901 COMPANY LETTER A WISCONSIN COUNTY MUTUAL INSURANCE CORPORATION COVERAGES THIS IS TO CERTIFY TIIAT 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 OF OTHER DOCUMENT WITH RESPECT TO WHICH TITS 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, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO. TYPE, OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS LTR NUMBER DATE DATE A LIABILITY 17110 1/1/2010 1/1/2011 EACH OCCURRENCE $10,000,000 GENERAL LIABILITY LAW ENFORCEMENT LIABILITY PUBLIC OFFICIALS E &O AUTOMOBILE LIABILITY ALL OWNED AUTOS HIRED & NON -OWNED AUTOS UNINSURED MOTORISTS UNDERINSURED MOTORISTS DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES /SPECIAL ITEMS: Winnebago County project running fiber cable down a city street to County owned building; project completion by May 28, 2010. CERTIFICATE HOLDER: City of Oshkosh CANCELLATION Attention: Pamela R. Ubrig /City Clerk SHOULD ANY OF TIIE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 215 Church Avenue EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE 1'O THE CERTIFICATE HOLDER NAMED TO THE LEFT, P.O. Box 1130 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Oshkosh, WI 54903 -1130 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTA'T'IVES. AUTHORIZED REPRESENTATIVE X - evre. 7erug