RES 2001-0960 - Agmt with Ameritrade Inc for installation of underground communication cable in Harney Circle at Farnam Dr /,
0T1AHA,NF 1 Y E Public Works Department
��_� P
4ree.S.
v�► -.f;W' 0� Omaha/Douglas Civic Center
(.. •���e,, " N �R 30 p I:
/ g 1819 Farnam Street,Suite 601
®, �[ �► `�/ Omaha,Nebraska 68183-0601
oyA April 10, 2001 C 1 T (402)444-5220
er or 0 M Y L R Telefax(402)444-5248
op �4 C
FD FEBR
City of Omaha NQ' N EARA S Don W.Elliott,P.E.
$ K�i Public Works Director
Hal Daub,Mayor
•
Honorable President
and Members of the City Council,
The attached Resolution approves the Agreement between the City of Omaha and Ameritrade,
Inc. to allow the installation of an underground communication cable in Harney Circle at Farnam
Drive (107th and Farnam Drive).
The annual rental fee for the use of the public property is $1.80 per foot for 112 feet, for a total
of$201.60. The entire cost of the installation and maintenance of this system will be paid for by
Ameritrade, Inc.
•
The Public Works Department requests your consideration and approval of the attached
Resolution and Agreement.
Respectfully submitted, to City C cil for onsi ation:
rTh
51a0.4-- y17-7A,/ 54/0• Don W. Elliott, P.E. ae Mayor's Office itl S Date
Public Works Director
Approved as to Funding: This action has been reviewed and found to
be in conformance with the Master Plan.
/F;;A."---)‘ .. /2210/
Stanley P. imm Date Robert C. Peters 53 Date
Acting Finance Director Acting Planning Director
P:\PW2\5590pjm.doc
COMMUNICATIONS CABLE AND FACILITIES AGREEMENT
,
THIS AGREEMENT is made and executed effective as of this /Qt day of
:)01, by and between Ameritrade, Inc., whose address for notice purposes under this • greement
is ("Permittee") and THE CITY OF OMAHA, NEBRASKA, a municipal corporation organized
under the laws of the State of Nebraska ("City").
In consideration of the convenants and agreement herein contained, the parties agree as
follows:
1. In consideration of and pursuant to the "Statement of Policy and Standard Specifications
for Communications Cable on City Property," attached hereto as Exhibit "A" and incorporated
; herein, and of the conditions hereinafter set out, City hereby grants and gives to Permittee its
consent to survey and construct, subsequent to acquisition of all necessary permits and payment
of all applicable fees, and then install, operate, inspect, maintain, protect, repair, alter, replace or
remove its communications facilities, as shown on documents to be added to this Agreement
from time to time, which documents are described in Paragraph 2 below and shall collectively be
know as Exhibit "B", each of which shall be dated and attached hereto and made a part hereof.
The communication facilities referred to herein shall consist of existing or future underground
conduits, cables, wires, splicing boxes, and appropriate appurtenances located on, above or
beneath the surface of any street, alley, sidewalk or other public ground with the City. The grant
contained in this paragraph includes the right of reasonable access to Permittee's
communications facilities.
2. Permittee shall secure all permits required to be issued by the appropriate City officials in
connection with the installation of the communications facilities which shall be laid substantially
in accordance with plans and specifications submitted to and approved by the City and subject to
specific conditions as may be set forth from time to time in the permits granted pursuant hereto,
which permits, plans, and specifications shall be attached hereto as Exhibit "B".
3. This Agreement shall be binding upon and inure to the benefit of the parties hereto and
their respective successors and permitted assigns. Neither party hereto shall assign or otherwise
convey any of its rights, title, or interest under this Agreement without the prior written consent
of the other party, which consent shall not be unreasonably withheld or delayed.
4. This Agreement shall not be effective until the execution of this Agreement by the City
has been approved by resolution of its City Council.
5. Permittee and/or the contractors from time to time employed, used or hired to plan,
construct or maintain said communications system shall not, in the performance of the
aforementioned work, discriminate or permit discrimination in violation of state or federal law
on account of race, color, sex, age, disability, political or religious opinions, affiliations or
national origin.
6 Pursuant to Section 8.05 of the Home Rule Charter of the City of Omaha (the "HRC"), no
el(acted official or officer or employee of the City shall have a financial interest, direct or indirect
in any City contract. Any violation of this section, with the knowledge of the person or
cprporation entering into said contract with the City may render said contract voidable by the
City Council. City recognizes and acknowledges that ownership of less than controlling shares
of stock of Parent by an elected officer/employee of the City does not render this Agreement
.d or voidable.
vo-
7 The parties expressly reserve any rights either of them may have under state or federal
1� concerning the subject matter of this Agreement and further agree that by execution and
'performance of this Agreement, neither party shall be deemed to have waived any such rights.
'3. This Agreement, including the permits granted pursuant to it, encompasses the entire
agreement upon the parties. No representations were made or relied upon by either party in
executing this Agreement other than those expressly set forth herein. No agent, employee or
Cher representative of either party is empowered to alter any of the terms hereof, unless done in
writing and signed by an authorized officer of the respective parties hereto.
The City of Omaha
Mayor
•
y Attest;
\, City Clerk
ACCEPTED-AND-AGREE TO:
Attest: / ate
By: 02`7t07K -
Title: AMTD, VICE PRESIDENT Title:
INFRASiKUc l`URE & FACILITIES
Date: S4 tA61 I'3 /(o vl DO Date: % 63200/
APPROVED AS TO FORM:
At
C TY ATTORNEY
CITY OF OMAHA
REVISED DECEMBER 2000
STATEMENT OF POLICY AND STANDARD SPECIFICATIONS FOR
COMMUNICATIONS CABLE ON CITY PROPERTY.
SECTION A—PERMIT REQUIRED
No person shall use any space above, on or beneath the surface of any street, alley,
sidewalk or other public ground within the City of Omaha for the installation, operation and
maintenance of any underground fiber optic cable, coaxial cable, or any other communication
cable, line or appurtenance, unless such person has received a permit therefore granted by
agreement approved by Resolution of the City Council or as otherwise provided herein. This
policy shall not apply to any cable installed or operated by the holder of any City franchise under
its terms for telephone or cable communications purposes wherein such telephone,
communication, or cable television services is provided to the inhabitants of the City as
described in such franchise.
SECTION B—APPLICATION FOR PERMIT
(i) Application for such permit shall be made to the Permits and Inspections Division
of the Planning Department, and such application shall be in writing, stating specifically the
space desired, its length, breadth and depth, the streets, alleys, sidewalks or other public space
intended to be used, the use intended to be made thereof, a description of the users if the facility
is not to be available to the general public, a description of all users if any conduit is to be shared
by a number of users, and the carrying capacity and diameter of the cable or other facilities being
installed. In addition thereto, the Permits and Inspections Division or the Public Works
Department may request such additional information as they deem reasonably appropriate for
their determination or that of the City Council with reference to such application. All such
applications a request for which there is no agreement in effect conforming to this policy and
these specifications shall be referred to the City Council for an agreement to be approved by
Resolution prior to the granting of any permit. Other permits (for which such an Agreement is in
effect) may be granted by the Permits and Inspections Division with the approval of the Public
Works Department.
(ii) Following initial application and discussions with the Public Works Department
concerning the placement of such cable and its appurtenances, the applicant shall supply accurate
Exhibit A
Page 1 of 7
drawings sealed by a Nebraska-licensed professional engineer produced to a scale of one inch
equaling fifty feet. The plans shall be a plan and profile of the proposed route, with right of way
lines and pavement lines shown. Such plans must show typical sections for pavement cuts and
crossings, with specific details for conflicts with other utility structures and conduits.
(iii) Thirty days after completion of the work, as-built construction drawings, signed
and certified by a Nebraska-licensed professional engineer, must also be submitted to the Public
Works Department on Mylar and a C.D. with each sheet being a .tif file. Updated route maps
and required drawings must be provided to the Public Works Department whenever a change is
made to the approved cable placement.
SECTION C— CONSTRUCTION SPECIFICATIONS
(i) The work shall be constructed in accordance with plans and specifications
approved by the Public Works Department, which approval shall be granted in a competitively
neutral and non-discriminatory manner. All excavations in public streets shall comply with
Article II of Chapter 34 of the Omaha Municipal Code, except that the provisions concerning
bonds contained within this division shall control. Where the cable is located beneath the
pavement in all major traffic streets and arterial streets, the minimum depth from the top of the
cable to the surface of the ground shall be thirty inches. Cable buried beneath residential streets
shall have a minimum depth of twenty-four inches. In no instances shall cable be buried to a
depth of less than twenty-four inches. Pull boxes and other items shallower than the depth above
specified shall be clearly shown on the completed plans covering the installation work.
(ii) All land surfaces and all pavement shall be restored to the same or similar
conditions existing prior to the Permittee's construction, and shall comply with Article II of
Chapter 34 of the Omaha Municipal Code. In addition thereto, all established lawns which have
been disturbed by the installation shall be resodded and all other earth surfaces shall be seeded
unless otherwise specified in the permit.
(iii) All cable buried beneath public streets must be encased in a protective sheath
strong enough to avoid damage from the first accidental contact with hand tools. All pavement
cuts must be completed in accord with current City Ordinances and specifications.
SECTION D—BOND, INSURANCE AND PUBLIC LIABILITY
(i) Every applicant for such permit shall file with the City a continuing bond in the
amount of Fifty Thousand dollars ($50,000.00) to cover all construction efforts during the term
Exhibit A
Page 2 of 7
of this Agreement or until Permittee is no longer operating its telecommunications facilities
within the City, whichever is sooner. All bonds and sureties shall be approved by the City before
such permit becomes effective. All bonds shall be conditioned that the person to whom such
permit shall be issued, appropriate heirs, successors and assigns, shall save and keep the City free
and harmless from any and all loss or damages or claims for damages arising from or out of the
use of the space therein mentioned (except those arising from the City's gross negligence or
intentional misconduct), and for the maintenance of the street, alley, sidewalk or other public
ground in such condition that the street, alley, sidewalk or other public ground shall at all times
after the completion of the work be safe for pubic use; for the full and complete protection of the
City against any and all litigation growing out of the granting of such permit or anything done
under such permit (except to the extent previously specified), and for the removal of any cable or
other facility buried by the Permittee to the extent that the same is required by the City, at the
sole expense of the Permittee or its appropriate heirs, successors or assigns; for the faithful
performance and observance of all of the terms and conditions of this division and the conditions
and provisions of Article II of Chapter 34 of the Omaha Municipal code; and such bond shall
also be conditioned for the prompt and full payment of the compensations required by their
division, or by any other Ordinance, during the period said permit shall be outstanding.
Following the issuance of such permit, and as long as the use continues in such public space, the
owner of the permitted facility form time to time shall also be responsible to the City for the
performance of all of the conditions of the bond above described.
Whenever the City shall be of the opinion that the surety on such bond given for such
permit issued hereunder has become insufficient and shall so declare in writing sent by regular
U.S. mail to the applicant, a new bond for such permit shall thereupon be filed with a new surety
to be approved by the City.
(ii) In addition to the bond, the applicant shall at all times have in full force and effect
a policy of liability insurance in the minimum amount of One Million Dollars ($1,000,000.00)
for the injury or death of any number of persons per occurrence, and Two Hundred Fifty
Thousand Dollars ($250,000.00) for property damage per occurrence. Such coverage shall name
the City of Omaha as an additional insured, as its interest may appear, for all acts and omissions
of Permittee, its agents and contractors arising out of or in any way connected with the permit
and their use and occupation of the public right-of-way. All such policies and certificates of
Exhibit A
Page 3 of 7
insurance shall be issued by companies authorized to do business in the State of Nebraska and
shall be approved by the City of Omaha Law Department prior to the commencement of such use
and provide that any such policy shall not be cancelled until thirty (30) days' written notice of
such cancellations hall have been filed with the City Clerk. Any termination or lapse of such
insurance will automatically revoke any permit issued pursuant to this division.
SECTION E—INTERFERENCE WITH OTHER PUBLIC FACILITIES, RELOCATION,
IDENTIFICATION OF COMMUNICATIONS CABLE
(i) No person, whether permitted under this division or otherwise shall ever use the
space under any street, alley, sidewalk or public ground in such manner as to interfere with any
traffic control or energy cable, sewer, gas or water conduit, or any other public facilities or
utilities lawfully in such street, alley, sidewalk or their public space unless by consent of the City
specially granted in the permit. Whenever any applicant or Permittee under this division is given
permission to relocate any existing public facility, such relocation shall be entirely at the cost and
expense of the applicant or Permittee. All such relocation work shall be subject to the control of
the City of Omaha or other public entity controlling such public facility, and all such work shall
be done promptly in accordance with the directions of the Public Works Department so as to
minimize the interruption of the public's use of such facilities.
(ii) All work undertaken by the applicant or Permittee which requires inspection by
the City shall be performed subject to the requirement that the City be fully reimbursed for its
reasonable and documented inspection costs whether, the same are part of the initial installation
or the relocation of either the Permittee's facilities or those belonging to the City or any other
utility service.
(iii) In addition thereto, all permits governed by these specifications are granted
subject to the requirement that whenever any work is initiated by the City of Omaha, the State of
Nebraska, Douglas County, the Omaha Public Power District or the Metropolitan Utilities
District, or any other publicly owned body, the facilities of the applicant must be relocated
within a reasonable time, not to exceed sixty (60) days from written demand for the same, in
order to reasonably accommodate such public use. If the Permittee fails to undertake or cause
the relocation of its facility within a reasonable time, then the City of Omaha retains the right to
relocate or allow relocation of the cable and other appurtenant facilities and to assess and collect
Exhibit A
Page 4 of 7
the reasonable and documented cost from the Permittee or any other owner of the facility if the
same fail to relocate the cable in a timely manner.
(iv) The Permittee shall, at its own cost, maintain a local agent available on a twenty-
four hour per day, seven day per week basis, to provide to the City, any public entity, or any
other persons, permitted to do work in the street right-of-way, detailed and accurate information
concerning the locations, whether in plan, section or profile, or any combination of the same, of
the Permittee's cable, appurtenances or other facilities. This requirement can be satisfied by the
Permittee's utilization of a local utility locating service maintained by others, or this provision
may be satisfied by any other local, competent agency.
(v) The Permittee, its appropriate heirs, successors and assigns, shall at all times
remain responsible for injuries to its cable, its appurtenances and other facilities injured by any
party and due to any inaccuracies in the information given with respect to such facility's
location. The City of Omaha, and all other parties working on public property, shall be
responsible for injuries to the Permittee's facilities only to the extent that such injuries result
from the intentional damage or willful disregard for the facilities of the Permittee.
SECTION F—REVOCATION OF PERMIT; REMOVAL OF FACILITIES
(i) A permit issued under this division may be revoked by Resolution of the City
Council upon a finding by the Council of such facts shown below and a failure of Permittee to
cure such breach within thirty (30) days of sending written notice to such person by the City
Clerk, for the following reasons:
(a) Failure of the Permittee to pay the compensation required with thirty (30)
days after the payment due date;
(b) Failure or neglect of the Permittee to comply with the material provisions
of these specifications or any provision of the Omaha Municipal Code
applicable to the permit and the use and occupancy of right-of-way.
(ii) Upon revocation of the permit, the permit holder shall forthwith, at the option of
the City, either remove or abandon in place the cable and appurtenances for which the permit
was granted. All directly buried cable, however, may be abandoned in place at the option of the
permit holder. All removals and restoration of the public facilities shall be at the cost of the
Permittee, and the Permittee shall hold the City of Omaha free from any and all encroachments
or claims of any type. Such facilities which are not removed by the permission of the City of
Exhibit A
Page 5 of 7
Omaha shall become the property of the City of Omaha upon the City's certification that the
Permittee has complied with all requirements of abandonment or cancellation with respect to the
specific segment of cable involved. Whenever the Permittee has failed or refused to undertake
such removal, abandonment and restoration within six (6) months after such revocation of any
such permit, then the City may cause such work to be done and the cost of such work shall be
paid by the Permittee and become a lien against the property of the Permittee.
(iii) Upon a determination by the City Council that the space for which the permit is
granted is needed for other public use and that no relocation within the specific right-of-way is
an available, reasonable alternative, then the rights under said permit shall be transferred, to the
extent possible by the co-operation of the City and the permit holder, to another specific nearby
right-of-way. Such relocation work shall be accomplished by the permit holder at its costs
within the time frame specified in Section E (iii) hereof.
(iv) This Agreement shall continue in force and effect for a period of ten (10) years
from the execution date of this Agreement, and thereafter from year to year unless terminated by
either party by giving written notice of its intention to do so not less than ninety (90) days prior
to the end of any period.
SECTION G—RENTAL FEE FOR SPACE—FOR NON-PUBLIC USE
(i) When the permittee is making private use of the facilities installed, the Permittee
shall pay to the City an annual rental for the use and occupancy of the space beneath said public
street, alley, sidewalk or other public ground occupied by such use, which rental shall by the sum
of One Dollar and Eighty Cents ($1.80) per lineal foot of space occupied underneath the public
street, alley, sidewalk or other public ground; provided however, that the Permittee shall receive
credit against such annual rental for all sums paid to the City of Omaha as an occupation tax on
communications, if any apply, under the provisions of Article VI of Chapter 19 of the Omaha
Municipal Code.
(ii) All payments made under the provisions of this division shall be made to the City
Finance Department and shall be due and payable on the first day of January of each year;
provided, however, if the permit is issued for such space after the first day of January, the
amount of the initial payment shall be prorated from the day when such permit is issued to the
first day of January of the next year, and payment shall be due and payable on or before the first
day of January thereafter. Any such rent shall become delinquent on the first day of January of
Exhibit A
Page 6 of 7
each year, and such delinquent rent shall draw interest at the rate which is the maximum legal
rate of interest chargeable in the State of Nebraska under such circumstances, or at any lesser
rater of interest specified, if any, in the permit.
SECTION H—COSTS TO BE PAID FOR PUBLIC USE PROVIDERS
(i) When the facilities are for services sold or space or use leased to the public,
whether residential or business, no fee shall apply but the following cost shall: So as to prevent
expense to the public for such private use of right-of-way, and to fully compensate the public for
all regulatory expenses resulting form such use, and in addition to the Permittee paying for all
inspection, relocation and facility location costs mentioned above, the Permittee shall promptly
pay the actual and reasonable costs of the City of all barricading, traffic detour or warning
signing or flagging not actually performed by the Permittee and for all other actual and
reasonable direct expenses actually incurred by the City in regulating the use of Permittee's
public right-of-way granted in this Agreement.
Exhibit A
Page 7 of 7
AGREEMENT
COMMUNICATIONS CABLE AND FACILITIES
1. Location
The communications cable crossing Harney Circle at the intersection of Harney Circle and
Farnam Drive. Two ducts run under Harney Circle from the southwest portion of the
intersection to the North east corner of the intersection as shown in Exhibit B.
Length 112 Feet
Type Two Ducts, Schedule 40 PVC Conduit
Depth Four to Six feet deep as shown on Exhibit B
Cost $201.60 Per Year
EXHIBIT B
Page 1 of 2
n _
I
•
Q I
z o ,,,
E.I ,s,
Q Z
CC
/_ 5/8,' R
EBAR
I N
I I
H n-
o 10 20 40 1111111•111•1 11•11111MIMMIIIMMOOMI cr)(1) NW 1, C,\.)
FEET I ,2' O- 17 J
I J� \
ROW LINE ), �\�,
S
It1t !
I' NEW COMMUNICAON 0 4 0I.E. 90.97
CURB - 4 \. `f'� J 100V 1
I r I w` / z
_
_ -I \ �/ I
OX FIBER OPTICS W, - - - / o I
AU LT --OX - ``�'
,W - - - - Jw ' �
CURB IL _
_ _Y
•
Rpw CiNF
5/8" REBAR
90
QRpFES�p / - NOTES:
�o°°!�/��"°°°oe�: 1. CONTACT BOB COLE •AT THE CITY TRAFFIC
I�.# JSSF L P. . -, ENGINEERS OFFICE, PHONE NO. -444-4978, 48 HOURS IN
cD a HIGGINS s m ADVANCE OF WORK DONE WITHIN CITY RIGHT-OF-.WAY 0-6
'd %c -,26 C.Oa of
°° E-7128 ' 2. THIS PLAN -REQUIREDS A STREET CUT PERMIT PRIOR
cl
°°°°-9i4 *drgo5AP TO CONSTRUCTION.
3. RIGHT AND LEFT CABLE DEPTH AND LOCATION IS 0+00
SHOWN AS LOCATED BY CONTRACTOR.
to 1,
EX .13 f) 2 of 2
°C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr April 10, 2001
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, Ameritrade, Inc. proposes to install an underground communication
cable in Harney Circle at Farnam Drive (at 107th and Farnam Drive); and,
WHEREAS, Ameritrade, Inc. agrees to pay an annual fee of$201.60 for the use
of 112 lineal feet of public property; and,
WHEREAS, an Agreement has been prepared setting forth all the provisions
mentioned above.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the Agreement between the City of Omaha and Ameritrade, Inc., as
recommended by the Mayor, allowing for the installation of an underground communication
cable in Harney Circle at Farnam Drive (107th and Farnam Drive) is hereby approved.
P:\PW2\5591pjm.doc APPROVED AS TO FORM:
f-0)7f—
CITY ATTORNEY DATE
By
Counci!member
Adopted
pR 1 0 2001 -- 7=0
I�' f �;it�. lerk
Approved... .. . , r . : ' .. ... /' ' '
Mayor
"CD � a. CD254
0
V o c yp o"IC \ 0
I CD
. -- •" bitiN
l O ' 05 L1.
z
0..
Q'
o°c tlE P• IQ
•
CD
�� � o
Is! ". Itk
•
- .
_ �i