RES 2000-2046 - Agmt with Digital Teleport Inc for communications cable from 13th and Missouri Ave to 16th and Railroad Ave V 4/1e-e-5
RS*4'4%26--9‘
+ rcr,r,P.H,A,
N,e4, RECEIVED Public Works Department
-q ••i Omaha/Douglas Civic Center
1819 Famam Street,Suite 601
vMet 00 JUL f PPS I`: t.
f,® ' 11 r� Omaha,Nebraska 68183 0601
o p 1��' � - 25 2000
(402)444-5220
.404,_ yry, July (�g T � �- 1�1 Telefax(402)444-5248
4TD FEBR°r� U{�� i , �, C Don W.Elliott,P.E.
City of Omaha 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 Digital
Teleport, Inc., to allow the installation of a communications cable in the City of Omaha. The
initial installation will be from 13th and Missouri Avenue to 16th and Railroad Avenue.
The entire cost of the installation and maintenance of the system will be paid for by Digital
Teleport, Inc.
The Public Works Department requests your consideration and approval of the attached
Resolution and Agreement.
Respectfully submitted, d to Cit C unci or nsideration//
---- --Nr\ TNI ....1-Q-e,4p-ke -7/4:::/e , ( / ii 0
Don W. Elliott, P.E. Date or's ffice/Title S Date
Public Works Director
Approved: This action has been reviewed and found to
be in conformance with the Master Plan.
tiTh ,
( O �/� 1• -aa
tanley P. Ti Date Robert C. Peters 5 J Date
Acting Finance Director Acting Planning Director
P:\PW2\8966rnaf.doc
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DIGITHL
TELEPORT, INC.
a Nationwide Regional Ring Provider
August 30, 2000
VIA FEDERAL EXPRESS: #298-7284-842
Mr. Buster Brown
City of Omaha
City Hall - Civic Center
1819 Farnam Street
Omaha, NE 68183
Re: Communications Cable & Facilities Agreement Bond Requirement
Dear Mr. Brown:
Enclosed please find Performance Bond No. 51S103373137, signed and sealed,
as requested in Exhibit A, Section D(i) of the Communications Cable &Facilities
Agreement. Additionally, for your convenience, I am including a copy of the
Certificate of Liability Insurance that was faxed to your attention yesterday.
Please contact me directly should you require any additional information.
Sincerely,
Richard D. Weinstein
President & CEO
RDW/Ic
Enclosures (2)
cc: Mr. Meckna
8112 Maryland Ave., 4th Floor • St. Louis, Missouri 63105 • (314) 880-1000
Fax (314) 880-1999
Otd1!►HA, NF
i
Cty of Omaha We6ras&a
ref-4,,la
wt.)
1819 Farnam—Suite LC 1 ® ' .1 yx,
Omaha, Nebraska 68183-0112 0 �;-
Buster Brown (402) 444-5550 .o
City Clerk FAX (402) 444-5263 OR41Fp FEBR°��
September 5, 2000
Mr. Richard D. Weinstein
President & CEO
Digital Teleport, Inc.
8112 Maryland Avenue
4th Floor
St. Louis, MO 63105
Dear Mr. Weinstein:
Enclosed is a copy of the signed performance bond for your records. Thank you for
your prompt attention to this matter.
Sinc rely,
Buster Brown -
City Clerk
BB/tlb
Enclosure -
AGREEMENT
COMMUNICATIONS CABLE AND FACILITIES
THIS AGREEMENT is made and executed effective as of this 20 day of . ZWE ,
2000, by and between DIGITAL TELEPORT, INC., a Missouri corporation, whose address for
notice purposes of this Agreement is 8112 Maryland Avenue, Suite 400, St. Louis, MO 63105
("Permittee"), and THE CITY OF OMAHA, NEBRASKA, a municipal corporation organized
under the laws of the State of Nebraska ("City").
In consideration of the covenants and agreements 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 system, as shown on documents to be
added to this document from time to time, which documents are described in Paragraph 2
below and shall collectively be known as Exhibit "B", each of which shall be dated and
attached hereto and made a part hereof. The communication system referred to herein shall
consist of existing or future underground conduits, cables, wires, splicing boxes (including
reasonable access thereto), appropriate appurtenances (and where deemed appropriate
suspended beneath roadway structures) and above ground location markers, where practical.
2. Permittee shall secure all permits required to be issued by the appropriate City
officials in connection with the installation of the communications system 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.
Notwithstanding anything to the contrary, Permittee (or its successors and assigns) may
assign, without any such consent, all of its right, title and interest hereunder to any successor
entity (whether by merger, consolidation or sale of substantially all of the assets of such entity)
and to any subsidiary or affiliate of such entity.
4. This Agreement shall not be effective until the execution of this Agreement by the
City has been approved by resolution of its City Counsel.
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 race, color, sex, age,
political or religions opinions, affiliations or national origin.
6. Pursuant to Section 8.05 of the Home Rule Charter of the City of Omaha (the
"HRC"), no elected 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 corporation entering into said contract with the City may render said contract
voidable by the City Council.
7. The parties expressly reserve any rights either of them may have under state or
federal law 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.
8. This Agreement, including the permits granted pursuant to it, encompasses the
entire agreement binding 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 other 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.
9. The parties agree, with respect to Section D of the attached Exhibit "A"
(Statement of Policy and Standard Specifications), that Permittee may satisfy Section D(i) by
providing City with its own bond (and not one attained through an independent surety) in the
amounts and on the terms and conditions specified in Section D(i); and that Permittee may
satisfy Section D(ii) by certifying to the City in writing that it is self-insured to the extent of the
limits in Section D(ii).
10. As to Section F of Exhibit "A", notwithstanding anything therein to the contrary,
the City Clerk shall give written notice of not less than thirty (30) days to provide Permittee the
right and opportunity to cure any alleged default within thirty (30) days after receipt of said
notice from the City Clerk.
11. The parties agree, with respect to Section G of the attached Exhibit "A", to delete
Section G and insert in lieu thereof:
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 from such use,
and in addition to the Permittee paying for all inspection, relocation and facility
location costs under Section E hereof, the Permittee shall promptly pay the costs
of the City for all barricading, traffic detour or warning signing or flagging not
actually performed by the Permittee and for all other direct expenses actually
incurred by the City in regulating the use of public right-of-way granted in this
Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the
day and year first written above.
"PERMITTEE"
DIGITAL TELEPORT, INC., a
Missouri corpo ati
By:
Richard D. Weinstein, President
"CITY"
CITY OF OMAHA, NEBRASKA, a Nebraska
municipal
lllccforporation
By: '/ �r� / Q
% Mayor
i
ATTEST:_ �.
"t itY Jerk
APPROVE A T FO M:
orney
STATE OF NEBRASKA )
) ss.
COUNTY OF DOUGLAS )
000 The foregoing instrument was acknowledged before me this 27,f4flay of 44u- ,
, by `Y'Lc&c. 7 , a au-An., Mayor of the City of Omaha, Nebraska, a
Nebraska municipal corporation behalf 6f the municipal corporation.
A GENERAL NOTARY-State of Nebraska
,,,,�,.,, CYNTHIA L FORD Notary Pu lic
'- q.14 My Comm.Exp.Aug.16,2003
STATE OF MISSOURI )
) ss.
COUNTY OF ST. LOUIS )
The foregoing instrument was acknowledged before me this of ,
2000 by Richard D. Weinstein for Digital Teleport, Inc., a Missouri corporati , on behalf of the
company.
Notary b •
1 ----
NANCY J.HUNTER
Notary Public—Notary Seal
STATE OF MISSOURI
Jefferson County
My Commission Expires:Aug. 18,2002
CITY OF OMAHA
NOVEMBER 1986
REVISED OCTOBER 1990
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 therefor 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 franchise granted by
the City for telephone or cable communications purposes wherein general telephone service or
communication, including television, is provided to the inhabitants of the City.
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
Exhibit A Page 1 of 7
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
drawings produced to a scale of one inch equaling fifty feet. 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 licensed professional engineer, must also be submitted to the Public Works,
Department on microfilm aperture cards. 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
Exhibit A Page 2 of 7
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) In lieu of the per block bond requirements set forth in Section D(i) of the attached
Exhibit"A," Permittee shall file with the City a continuing bond in the amount of Fifty
Thousand Dollars ($50,000) to cover all construction efforts during the term of this Agreement
or until Permittee is no longer installing a portion of 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, all 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 he 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 public 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 compensation required by this
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
Exhibit A Page 3 of 7
owners of the permitted facility from 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 Five Hundred Thousand Dollars
($500,000) for the injury or death of any number of persons per occurrence, and One Hundred
Thousand Dollars ($100,000) for property damage per occurrence. Such coverage shall name
the City of Omaha as an additional insured, as its interests 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
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 cancellation shall 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 other 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
Exhibit A Page 4 of 7
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
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 location, 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
Exhibit A Page 5 of 7
1
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. The provision of the Permittee of
accurate information with regard to the location of its telecommunications facilities creates a
rebuttal presumption that damage to such facilities was intentional or the result of willful
disregard thereof.
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 fact and giving of thirty (30) days' written notice
to such person by the City Clerk, for the following reasons:
a) Failure of the permittee to pay the compensation required within 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
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 twelve (12) months after such revocation of
Exhibit A Page 6 of 7
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.
SECTION G—RENTAL FEE FOR SPACE
(i) 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 be the sum of One Dollar and Eighty Cents ($1.80) per lineal foot of space
occupied underneath the public street, alley, sidewalk or other public ground; provided however,
that the permittee shall receive credit against such annual rental for all sums paid to the City of
Omaha as an occupation tax on communications under the provisions of Article VI of Chapter 19
of the Omaha Municipal Code.
(ii) All payments made under the provisions of this division shall be made to the City
Finance Department and shall be due and payable on the first day of January of each year;
provided, however, if the permit is issued for such space after the first day of January, the
amount of the initial payment shall be prorated from the day when such permit is issued to the
first day of January of the next year, and payment shall be due and payable on or before the first
day of January thereafter. Any such rent shall become delinquent on the first day of January of
each year, and such delinquent rent shall draw interest at the rate which is the maximum legal
rate of interest chargeable in the State of Nebraska under such circumstances, or at any lesser
rate of interest specified, if any, in the permit.
328285.1
Exhibit A Page 7 of 7
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08/29/00 10:24 FAX 3142536699 DTI STL CHQ1 0002
• ACORD_ CERTIFICATE OF LIABILITY INSURANC GT$pi DA 8/2 l0
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFDRMAlION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Loekton Co upanieB/St- Louie HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
1 Cityplaee Drive, Suite 160 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
St- Louie NO 63141
Phone:314-432-0 50 0 INSURERS AFFORDING COVERAGE
insuFtmBSUP0RA: St. Paul In urance Co.
•rNSURER B:
Digital Teleport, Inc.
Mr. Andy Whipple INSURER C_ _
8112 land. Ave., 4th Plr. INSURER13!
Clayton MO 63105
INSURER 6:
COVERAGES
Tre POLICIES OF INSURANFX.usFED BELOW HAVE BEEN ISSUED TO THE INSURED NAILED ABOVE FOR THE POLICY PEh7Oo NDICA'TED.NOT Wn 1 TANDFNG
ANY REQUIREMENT.TEFL OR CONOR)ON OF ANY CONTRACT OR OTHER DOCUMENT WTIN RESPECT TO WHICH THIS CERTIFICATE MAY AR ISSUCD OR
MAY PESTTAM,THE INSuFI NCE AFFORDED BY THE POLICIES DESCRIBED FERREIN IS SUBJECT TO ALL,THE TERMS.CXCLUMONS AND CONDITIONS OF SUCH
POLI I1 AGGREGATE LIMITS SHOWN NAY HA.UT DE10L REDUCED GY PAID CLAIMS_
WWI
T HNS O6 DISURANCE POY.JCY NUMB YMIIo.VrD DAME=Oh'TIRati. LJMTfS
Gehl ?.Al.1.A$UJTY GAGM OCcURRENCE S 1,00o,000
A $ OAAE elAi ALUAFAXY TE01400067 07/01/00 07/01/01 FIREDAMAGE(Anyolef1T s 300,000
CLAMS MADE I OCCUR L®PIP(Arty wme Person) S 10,000
PERSONAL a ACV INJURY s 1.0 0 a,0 0 0
GOJ6 ALAGGREGATE S 2,000,000
Gan_AGGREGATE LAIIT APPUES PROPUGTS.COMMOP AGG S 2,000,000
ROUGV ILOC
AuTOmOBILE LIAIRLITY COIIMBM®SINGLE LIMIT al,000,000
A X ANYAI.rro TS01400867 07/01/00 07/01/01 M"'6°8"'I
ALL OWNED AUTOS
- BODILY INJURY
=••tEbLI_ AUTOS (Per ram)
HIRED AUTOS BODILY INJURY
�•NON-OWNED AUTOS (Para=naa)
_ PRoeaIZTY GAAv GC(Per acodent)
GARAGE uABETTY AUTO ONLY-FAAC DE'rr L
ANY AUTO OTHER THAN
EA ACC S
AUTO ONLY: AGG S
Excess LIAaLrTY EACH OG lJRRE E S5,000,000
A o cuR .._r�.AJLswre TSOz400867 07/01/00 ' 07/01/01 AGO CATS s 5,000,000
s
DOXICTIELE
RETENTION $ s
WOR coNPe N eAZIO AND X TO Users °ER
A �LOYE3t •LIAB10.STY wmi.403269 • 07/02./00 o7/01/01 i EL.EACH ACCIOENT .S 500,000
E.L.OLREL¢-EAEMPLOYEE S 500,000
E.L.DL^,TA5E-PDUCYUMIr l s 500,000
UMWR
DESCRIFTCIN OF OPEf A Ot IOU+ ADDED BY DIAomehoznrosPECiAL pROwSi0e4S
CITY OF OEMIA IS INCI4TIDRD AS ADDITIONAL INSURED =DER TAX GENERAL LIABILITY
POAICX ,As TEEM. IbTTBRST MAY APPEAR..
CERTIFICATE HOLDER !N I ADIXIIONAL INSURED;INSURER LETTeR! CANCELLATION
60MA801 SHOULD ANY OF THE AaOYE DESCFUEED P'OIJCIE3 DE CANCELLED BEPOR6YHE EXPIRATION
DATE THEREOF,THE ISSUING INSURER wilt ENDEAVOR TO MAIL 30 DAYS WRITTEN
CITY OF OMAHA NOTICE TO THO CCRlFiCATE HOLDER NAMED TO THE LEF F.BUT EAI W RE TO DO SO EHALL
CITY' HALL-Civic CENTER IMPOSE NO OBLIGATION OR IIAHIUYY OF ANY MIND UPON THE INSURER.ITS AGENTS OR
1819 FARNM SIMS=
MAIM WE 68183 REPRESENTATIVES.
ACORD 25s Rts>>
61 RD CORPORATION 1988^
Z00 •d 66ZNJ8D12:13J S31NVD100 NOi 1O0'1 Sb: 60 (3f11) 00 ,6Z- '9I1V
08/29/00 10:24 FAX 3142536699 DTI STL CHQ1 1003
IMPORTANT
If the certlficate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or atter the overage afforded by the policies listed thereon.
•
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PERFORMANCE BOND Travelers Casualty and Surety Company of America
One Tower Square 3PB, Hartford, CT 06183
. ArMual Form)
Bond No. 51S103373137
KNOW ALL MEN BY THESE PRESENTS, that we, Digital Teleport, Inc., as Principal, and Travelers Casualty and
Surety Company of America, licensed to do business in the State of Nebraska, as Surety, are held and firmly bound
unto The City of Omaha. Nebraska (Obligee), in the penal sum of Fifty Thousand and 00/100-- Dollars ($$50,000),
lawful money of the United States of America, for the payment of which sum, well and truly to be made, the Principal
and Surety do bind themselves, their heirs, executors, administrators, and successors and assigns,jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the above bounden Principal has entered into a
certain written Contract with the above named Obligee, effective the 20th day of June, 2000, and terminating the 20th
day of June, 2001, for the installation, operation, and maintenance of any underground fiber optic cable, coaxil
cable, or any communication cable, line or appurtenance and more fully described in said Contract, a copy of which
is attached, which Agreement is made a part hereof and incorporated herein by reference, except that nothing said
therein shall alter, enlarge, expand or otherwise modify the term of the bond as set out below.
NOW, THEREFORE, if Principal, its executors, administrators, successors and assigns shall promptly and faithfully
perform the Contract, according to the terms, stipulations or conditions thereof, then this obligation shall become null
and void, otherwise to remain in full force and effect. This bond is executed by the Surety and accepted by the Obligee
subject to the following express condition:
Notwithstanding the provisions of the Contract, the term of this bond shall apply from June 20, 2000, until June 20,
2001, and may be extended by the Surety by Continuation Certificate. However, neither nonrenewal by the Surety, nor
the failure or inability of the Principal to file a replacement bond in the event of nonrenewal, shall itself constitute a loss
to the obligee recoverable under this bond or any renewal or continuation thereof. The liability of the Surety under this
bond and all continuation certificates issued in connection therewith shall not be cumulative and shall in no event
exceed the amount as set forth in this bond or in any additions, riders, or endorsements properly issued by the Surety as
supplements thereto.
Sealed with our seals and dated this 30th day of August, 2000.
Digital Teleport, Inc.
/,// /
Witn , Principal
Tray Casualty and Surety Company of America
4-
i t I/ 1 / /� Y' k - �
itn s A. McAleenan, Attorney-in-Fact- ,
Agreed and acknowledged this 5 day of StPT, fla
By: ,, •
Obligee
APPROVED S TO ORM:
DEPUTY CITY ATTORNEY
S-5025(08-99)
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARNIINGTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS
Naperville, Illinois 60563-8458
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, a
corporation duly organized under the laws of the State of Illinois, and having its principal office in the City of Naperville, County of
DuPage, State of Illinois, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make,
constitute and appoint: S. Whitaker Meyer, Lisa A. McAleenan,James It Caldwell,Joan F. Friedel, Christine A. Bechtold or
Robert L. Gibbs * *
of St. Louis, MO, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and
acknowledge, at any place within the United States, or, if the following line be filled in,within the area there designated
the following instrument(s):
by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the
nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto
and to bind the Companies,thereby as fully and to the same extent as if the same were signed by the duly authorized officers
of the Companies, and all the acts of said Attorneys)-in-Fact,pursuant to the authority herein given, are hereby ratified and
CV)nfirmed. —
'his appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
row in full force and effect:
VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President, any Vice President,any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in
the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chairman,the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if
required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following
Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS,which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
t v e
___- (R-971
State of Missouri
County of St. Louis
On August 30, 2000 , before me a Notary Public in and for said County
and State residing therein, duly commissioned and sworn, personally appeared
Lisa A. McAleenan , known to me to be Attorney in Fact of
Travelers Casualty and Surety Company of , the corporation described in and that
executed foregoing instrument. America
In witness whereof I have set my hand and affixed my official seal.
. NOTARY SEA + -^
EMILY K. McKENNA . c-1/7.),e.ruk&_
Notary Public - STATE OF MISSOURI -
ST. CHARLES COUNTY 0
My Commission Expires:Aug.27, 2002
C.25/6Z'
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr
• RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, Digital Teleport, Inc., proposes to install a communications cable in
the City of Omaha; and,
WHEREAS, an Agreement has been prepared setting forth all of 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 Digital Teleport, Inc., as
recommended by the Mayor, allowing for the installation of a communications cable from 13th
and Missouri Avenue to 16th and Railroad Avenue in the City of Omaha is hereby approved.
APPROVED AS TO FORM:
CiTY ATTORNEY AT
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