Loading...
R-1517 - 12/08/2015 - AGREEMENTS - Resolutions RESOLUTION 2015-IT-INTERNET-ACCESS-AG-R-1517 A RESOLUTION APPROVING AN ACCESS AGREEMENT WITH COMCAST CABLE COMMUNICATIONS MANAGEMENT, LLC WHEREAS, on November 10, 2015, the Village Board approved an agreement with Comcast Cable Communications Management, Inc. to improve the Village's internet service ("Services'l; and WHEREAS, Comcast Cable Communications Management, LLC ("Comcast'j will be installing the cable equipment on Village Property and providing portions of the Services on behalf of its affiliate Comcast Cable Communications Management, Inc.; and WHEREAS, before Comcast enters onto Village property to perform the Services, Village staff has recommended that the Village enter into the access agreement attached to this Resolution as Exhibit A to protect the Village from any damage Comcast may cause while performing the Services ("Agreement'j; and WHEREAS, the President and Board of Trustees have determined that it is in the best interests of the Village and its residents to approve the Agreement with Comcast; NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Approval of Agreement. The President and Board of Trustees hereby approve the Agreement with Comcast in substantially the same form as attached as Exhibit A, and in a final form approved by the Village Attorney. Section 3: Execution of the Agreement. The Village Manager and the Village Clerk shall be, and are hereby; authorized to execute and attest, on behalf of the Village the Agreement between the Village and Comcast upon approval of the final form by the Village Attorney. Section 4: Effective Date. This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. [SIGNATURE PAGE FOLLOWS] I Resolution 2015-IT-INTERNET-ACCESS-AG-R-1517 Approving an Access Agreement with Comcast Page 2 of 3 r APPROVED THIS 8th day of December, 2015 Gopal G.talmalani Village President PASSED THIS 8th day of December, 2015 Ayes: Trustees Adler, Baar, Manzo, Moy, Tiesenga Yusuf Nays: None Absent: None ATTEST: Charlotte K. Pruss Village Clerk ,a h t.� d ✓P Resolution 2015-IT-INTERNET-ACCESS-AG-R-1517 Approving an Access Agreement with Comcast Page 3 of 3 EXHIBIT A DocuSign Envelope ID:FF3980EE-9435-4F76-AAOB-60A7228687F8 Site Address: �/����II ACCESS AGREEMENT THIS ACCESS AGREEMENT (the "Agreement") is made and entered into this day of December, 2015, (the "Effective Date")by and between Comcast Cable Communications Management,LLC,a Delaware limited liability company, on behalf of its affiliates (together,"Comcast"), and the Village of Oak Brook,an Illinois municipal entity(the"Owner"),which owns the land and the improvements thereon(together,the"Property")having an address of 600 Oak Brook,Oak Brook, IL 60523. 1. Grant. Owner hereby grants to Comcast a non-exclusive license to install, construct, replace, maintain, repair, operate, inspect, augment and remove, at Comcast's sole option and expense, certain wires, cables, conduit, lock-boxes,building entrance facilities, and other appurtenant fixtures and equipment(the"Facilities"),over,under,across and along the Property,as may be necessary or useful for distributing communications services to users at the Property(the"Users"). Owner shall allow Comcast access to the Property during normal business hours and at all times during emergencies for the foregoing purposes. Access within each User's premises shall be as provided in a separate services agreement with each User. 2. Installation. Prior to the commencement of Comcast's initial installation of the Facilities at the Property, Comcast shall prepare and deliver to Owner plans and specifications(the"Plans")of the Facilities. No work shall commence until Owner has approved the Plans,which approval will not be unreasonably withheld,conditioned,or delayed. Upon approval of the Plans,such Plans shall be attached hereto as Exhibit A, and construction of the Facilities as shown on the Plans shall be performed in a manner consistent with generally accepted construction standards. Upon the expiration of this Agreement, Comcast shall remove fi-om the Property those components of the Facilities(other than any Facilities which are underground conduit or vaults)that Owner requests Comcast remove, within thirty (30) days after such request. 3. Comeast Obligations. Comcast shall comply with all applicable laws. Comcast shall keep the Facilities in good order and repair,and shall promptly repair all damage to the building caused by Comcast,other than ordinary wear and tear. The Facilities shall belong to Comcast,shall be there at the sole risk of Comcast and Owner shall not be liable for damage thereto or loss thereof,except in the event of Owner's gross negligence or willful misconduct. Comcast shall be responsible for, and shall also indemnify, hold harmless and defend Owner against, the satisfaction or payment of any liens for any provider of work, labor, material or services claiming by,through or under Comcast. Prior to installation of the Facilities,and thereafter upon Owner's request at the renewal of required policies,Comcast shall provide a certificate of insurance to Owner,naming Owner as an additional insured. 4. Term. This Agreement shall have an initial term of ten (10)years, commencing on the Effective Date. This Agreement shall automatically renew for two(2)successive periods of five(5)years each,provided that there is a User at the Property at the beginning of each renewal term. S. Indemnification. Comcast shall indemnify,hold harmless and defend Owner fi•om and against any and all claims,actions, damages, liabilities and expenses, including reasonable attorneys' fees, arising from or out of the installation, operation, maintenance, or removal by Comcast of the Facilities, except to the extent that any such claims, actions, damages, liabilities, expenses are caused by the Owner,its employees,agents,contractors,invitees,officers,directors,affiliates or subsidiaries. 6. Damages. Neither party shall be liable to the other party for any lost profits, special, incidental, punitive, exemplary or consequential damages. 7. Notices. All notices under this Agreement shall be written and given by certified mail, return receipt requested, or nationally recognized overnight courier service (except for communications with Owner's local contact, which may be by telephone and/or email),to the respective address set forth below(or as may subsequently be provided): If to Comcast: Comcast Cable Communications Management,LLC If to Owner: Village of Oak Brook 1500 McConner Parkway 600 Oak Brook Schaumburg,IL 60173 Oak Brook,IL 60523 Attn.:Business Services With a copy to: Comcast Cable Communications,LLC Owner's local contact: One Comcast Center Name:Jim Fox 1701 John F.Kennedy Boulevard Phone:630-368-5174 Philadelphia,PA 19103 Email:ifox@oak-brook.org Attn.: General Counsel DocuSign Envelope ID:FF3980EE-9435-4F76-AAOB-60A7228687F8, N benefit the parties and their respective successors and assigns. Village of Oak Brook Comeast Cable Communication yt,LLC By: By: �lV�1MAat l EDF61D518NF421- Name: p Go al G. Lalmalani Name: Jay Dirkmaat Title: Village Pkesident Title: VP sMB sales 3/25/2016 EXHIBIT"A" The Plans ccomcast. CLASS Date: 11.30.2015 Prepared By: Company; UCC Contractor employee name; Dale Waychoff Property Detail Project Name: Village of Oak Brook Public Library Address: 600 Oak Brook Rd Site Contact:Jim Fox Contact Phone: 630.368.5174 Units/Passing: Project Type: Metro-e 1. What type of building access will be used? UG 2. Is rack space available at the equipment location? YES 3. Is power available at equipment location? YES 4. Is UPS power available at the equipment location? YES Construction Scope of Work Exterior/OSP Detail: All the cables running underground throughout the complex will be a minimal depth of 36 inches.A print is attached to show the path of the cable construction. We will directional bore from south side of building by customer owned pull west approximately 300 feet across property to R.O.E.we will then head west to existing utility pole. We will then install new aerial plant on existing utility poles to Comcast tie point. Restoration will be completed at the completion of the job,weather permitting. 1) Show approximate fiber placement on property with the direction the fiber will go when it hits the easement: Transition into building: A pit will be opened in the area adjacent to the south exterior wall of the building near existing pull box and the pull box will be cored,a 2-inch steel conduit sleeve will be placed in the core and then sealed. A link seal will be utilized for sealing the core.Then we will mount 2" ridged pipe to building to connect underground to entry point. A splice will then be placed in the area of the pit to tie the building core and underground directional bore conduit together. A 1.25inch interior Conduit will be run through the Interior to the Customer provided rack. Restoration we be completed upon completion of job,weather permitting. 1) Photo of ent point Interior I ISP Plant: From entry point we will use existing plenum pipe to server room,and then to customer provided rack. 1) Photo of interior"landing point". 2) Drawing of interior cabling route. Pre-Sales Survey was sent the following information is required with survey results: Permits Required Yes or No:YES Type of Permit(s): UG/AIR RR: NA Estimated Calendar Days to receive IDOT: 30 Estimated Calendar Days to receive CITY: 30 Estimated Calendar Days to receive County: 30 Estimated Calendar Days to receive Village: NA Estimated Calendar Days to receive Township: NA Estimated Calendar Days to receive Power Co.: 30 Estimated Calendar Days to receive Ameren: NA Estimated Calendar Days to receive NIPSCO: NA Estimated Calendar Days to receive OSP/ISP OSP required,YES: 20 Estimated days to complete once permits approved: ISP required,YES: 10 Estimated days to complete once permits approved: Jim Fox Provide Name of Customer Representatives escorting during the ISP and property walkout