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HomeMy WebLinkAboutMultimedia Communications & Engineering and Fox Valley Metrologoy MARCH 23, 2010 10-86 RESOLUTION (CARRIED 6-0 LOST LAID OVER WITHDRAWN ) AS AMENDED PURPOSE: APPROVE GRANTING PRIVILEGE IN STREET TO MULTIMEDIA COMMUNICATIONS & ENGINEERNIG INC TO INSTALL FIBER OPTIC CABLE AT VARIOUS LOCATIONS ON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. Bold& Italics Indicates Revision AGREEMENT This agreement is between Fox Valley Metrology, Ltd., 3125 Medalist Drive, Oshkosh, Wisconsin, 54902, and the City of Oshkosh, 215 Church Avenue, Oshkosh, Wisconsin 54901. Each party agrees that good and sufficient consideration as described or referenced in this document has been given to, and received from the other as part of this agreement. The City of Oshkosh, through Common Council Resolution 11 -221, which was passed on May 24, 2011, has granted to Fox Valley Metrology, Ltd. a privilege within the City's right -of -way for the following purpose: Installation and maintenance of an underground fiber optic cable and related equipment within in the City's Medalist Drive right of way between 3125 Medalist Drive and 495 Waukau Avenue. The fiber optic cable shall be located as specified in the attached Exhibit A, which is incorporated as a term of this Agreement. Wisconsin 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. Fox Valley Metrology, Ltd., by virtue of its signature below, specifically affirms that it understands the extent of its responsibility and liabilities and accepts all such legal obligations. The City of Oshkosh, a Municipal Corporation, grants permission to Fox Valley Metrology, Ltd., to place an obstruction within the public right -of -way as generally described in Exhibit A. Other terms and conditions placed upon Fox Valley Metrology, Ltd., are identified in Exhibit B, attached hereto and incorporated into this Agreement. In addition to those terms and conditions specified in Exhibit B include, but are not limited to: 1. The undersigned agrees that they are solely responsible for all activities comprising the purpose of this agreement. Fox Valley Metrology, Ltd.'s responsibilities begin from the commencement of this project and continue until such time as the fiber optic cable is removed from the public right of way. 2. Fox Valley Metrology, Ltd. shall be responsible for the actions of its employees, agents, general contractors, subcontractors, and any other person and entity performing any actions pertaining to this privilege in the street. 3. Fox Valley Metrology, Ltd. holds harmless and releases the City of Oshkosh from all debt, claims, demands, damages, actions and causes of action whatsoever from any person or entity which may result from the placement of this underground fiber optic cable and related equipment within the public right of way. 4. Fox Valley Metrology, Ltd. 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 related to or caused by the activities related to this privilege its employees and agents, or by any other person or entity making a claim related to the subject of this privilege. 5. Fox Valley Metrology, Ltd. agrees to indemnify and refund to the City all such sums which the City may be obligated or adjudged to pay that are related to, or cause by, the activities relate to this privilege in the street, including the City's attorney fees and costs, on such actions, claims or demands within 30 days after written request for such indemnification. 6. Fox Valley Metrology, Ltd. agrees that this agreement shall be liberally construed in favor of the City of Oshkosh, in consideration of the privilege granted by the City. Fox Valley Metrology, Ltd. shall not assign, convey, or transfer this privilege to any other person or entity 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 all terms and conditions, and all State of Wisconsin requirements, whether by statute or administrative rule. The statutory requirements as of the date of this agreement include Section 66.0425, Wisconsin Statutes, but future amendments and /or renumbering shall also apply. This privilege may be revoked for any lawful reason, including but not limited to for noncompliance with the authorizing resolution and this agreement. [SIGNATURE PAGE FOLLOWS] Dated this day of Oa y , 2011. FOX VALLEY METROLOGY, LTD. B _4 S And: Name & Title: 6 /(//4ni a 6 u 1) Name & Title: STATE OF WISCONSIN ) SS. WINNEBAGO COUNTY) ,/ Personally came before me this ,17 day of /Y�- / , 2011, the above -named S s Kt and °-- of FOX VALLEY METROLOGY to me known to be such person(s) and officers who executed the foregoing document and acknowledged that they executed the same as such officers by its authority, for the purpose therein contained. Notary Public, Aj Wisconsin My Commission: -9 -de, f `/ CITY OF OSHKOSH , `) By: /'te And J _ F � ; � _ _� �.. �. Mark k Rohloff, City Manager Pamela R. Ubrig, City Clerk , STATE OF WISCONSIN ) SS. WINNEBAGO COUNTY ) Personally came before me this , 2 Pei day of � JtL , 2011, the above -named and of the CITY OF OSHKOSH to me known to be such person(s) and officers who executed the foregoing document and acknowledged that they executed the same as such officers by its authority, for the purpose herein containedo a / �/ Notary Public, frOr //7 <7•50 Co., Wisconsin My Commission: Attachment: Exhibit A: Map of Cable Location Exhibit B: Resolution. #11 -221 EX'h ibh' A . E = f - E u Z- ...1` Z C . > _E.. & o f ° a w R a o Z ,d 1 Q ¢ _ CTS Y o I CO LC) ` l d :ii i N 01 • J o —LLl i !r r) —NAL Y antaa ISFIVQOW Wu ■ • II Q 1 . h _ u o lio ;• O 3 ale . al X >. F 1 n •pG p O . • i m .-+ _ o ...• i ` z ' (n E S®M > N X '- 0 CO d . LL c al �.. O . tu N r k m i :0 V p + o ma CO \ � Eou ¢ 4J — CU d- o m t j : 2 (3 0 eoR _ L L a a E. . . ] ❑� E a. O L LL- 2 pa 1 04- 3 EX hi bi I- A F $ - E Y1 S ' S'i`t �, -t FIBER OPTIC CABLE ROUTE • 1183.79' - - -- - - - -- -- - ---- 11V_WAUKAUAV_E--- --,- -- -' - - -- - - - - -- -- i I I 18755• j 495 5 rn �:, afi,. k t,: ,.b "v f : b. q ul Lo i. , a m co i _ > ?� �s i 234.0' '?= < `k3x; S '°,' .L k k . � 229.45' m 1 .. - ...... _ ... I `{ r7 er fin ..+ 0p4 'a' ✓. 235.3 1 Ett ' 5 3- 7 lax . . } 4g, s : E { f DISCLAIMER PRIVILEGE IN STREET eC) This map is neither a legally recorded map nor �T a survey and it is not intended to be used as one. 3'125 M E DA L I S T DR N This drawing is a compilation of records, data OJHKOJ H and information located in various city, county ON THE WATER and state offices and other sources affecting the area shown and it is to be used for reference City of Oshkos purposes only. The City of Oshkosh is not re- sponsible for any inaccuracies herein contained. Department of If discrepencies are found, please contact the Scale: 1" = 100' Community Development City of Oshkosh. Created by - dff 05109/1 PQ6e. 2 0-P B MAY 24, 2011 11 -221 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE GRANTING PRIVILEGE IN STREET TO MULTIMEDIA COMMUNICATIONS & ENGINEERING AND FOX VALLEY METROLOGY TO INSTALL FIBER OPTIC CABLE IN MEDALIST DRIVE BETWEEN 3125 MEDALIST DRIVE & 495 WAUKAU AVENUE INITIATED BY: MULTIMEDIA COMMUNCATIONS & ENGINEERING, PETITIONER FOX VALLEY METROLOGY, PETITIONER/OWNER PLAN COMMISSION RECOMMENDATION: Approved w /conditions WHEREAS, Multimedia Communications & Engineering, petitioner, and Fox Valley Metrology, petitioner /owner, requests the Common Council grant a privilege in street to Multimedia Communications & Engineering, general contractor and other subcontractors as may be required to install fiber optic cable within the right -of -way of Medalist Drive, between 3125 Medalist Drive and 495 Waukau Avenue; 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, general contractor and other subcontractors as may be required to install fiber optic cable within the right -of -way of Medalist Drive, between 3125 Medalist Drive and 495 Waukau Avenue, per the attached, and upon completion of said installation, Fox Valley Metrology will assume liability for said fiber optic cable within the right -of -way, contingent upon the following: 1) The fiber optic cable 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 cable be properly abandoned and removed in accordance with City standards and under the direction of the Department of Public Works. N t,k- [ t)c . , MAY 24, 2011 11-221 RESOLUTION CONT'D 3) Any problem which may arise as a result of the placement of the fiber optic cable be the responsibility of the contractors and owner to correct in coordination with the Department of Public Works. 4) All appropriate permits be obtained prior to the start of placement of the fiber optic cable 5) The fiber optic cable be modified or removed immediately upon the request of the City. 6) The fiber optic cable be part of and documented with Digger's Hotline system. 7) The petitioner, contractors and owner of the fiber optic cable 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 $500,000 in general aggregate. 8) It is the responsibility of the petitioner to file in a timely manner a new insurance certificate with the City Clerk upon expiration of an existing certificate. Failure to do so will result in the revocation of the privilege in street upon 10 days notice. 9) The petitioner, contractors and owner of the fiber optic system execute hold harmless agreements with the City. 10) Placement of the fiber optic cable shall be coordinated with the Department of Public Works to prevent conflicts with existing underground utilities. OP ID: C5 � � ° CERTIFICAT OF LIABILITY INSURANCE DATE(MM /DD/YYYY) 05131/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CON PRODUCER 262 - 284 -7174 CONTACT Port Port Washington Office 262- 377 -3784 PHONE FAX N�1 Ansay & Associates LLC (A /C, No, Ext): 101 East Grand Ave Suite 11 E-MAIL ADDRESS: Port Washington, WI 53074 PRODUCER FOXVA -5 Erik J. Nolte CUSTOMERID INSURER($) AFFORDING COVERAGE NAIC • INSURED Fox Valley Metrology INSURER A: CNA Insurance Companies 3125 Medalist Dr INSURERB: Oshkosh, WI 54902 INSURER C: INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MMIDDIVYYY) (MMAD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 05!13111 05/13/12 DAMAGE TO RENTED 250,000 A X COMMERCIAL GENERAL LIABILITY 4016473471 PREMISES (Ea occurrence) $ CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER' PRODUCTS- COMP /OP AGG $ 1,000,000 PRO- LOC Emp Ben. $ 1,000,000 X POLICY JTCT COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $ 1,000,000 05113/11 05/13/12 (Ea accident) A X ANY AUTO 4016473499 BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ X HIRED AUTOS (Per accident) X NON -OWNED AUTOS $ $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 EXCESS LIAR CLAIMS -MADE AGGREGATE $ 2,000,000 A 4016473485 05/13/11 05/13/12 X DEDUCTIBLE — $ RETENTION $ 10000 $ WORKERS COMPENSATION X WC STATU- TH O- AND EMPLOYERS' LIABILITY TORY LIMITS ER A ANY PROPRIETOR/PARTNER /EXECUTIVE Y / N 4016473504 05/13/11 05/13/12 E.L. EACH ACCIDENT $ 100,000 N /A OFFICER /MEMBER EXCLUDED? N 100,000 (Mandatory in NH) E L. DISEASE - EA EM ' $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 A CyberFlex 287394293 05/13/11 05/13/12 Net E &O 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The following are additional insured's pursuant to Medalist Drive Privilege in Street Agreement: City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers. This does not apply to Workers Compensation Policies. CERTIFICATE HOLDER CANCELLATION CITOOSH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Oshkosh 215 Church Ave AUTHORIZED REPRESENTATIVE Oshkosh, WI 54901 C r L, ©1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD