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Resolution 26-11RECORD OF RESOLUTIONS Blank, Inc., Fonn No. 30045 Resolution No. 26 -11 Passed 20 A RESOLUTION AUTHORIZING THE CITY MANAGER TO GRANT A GENERAL RIGHT OF WAY PERMIT TO BLUEMILE, INC. WHEREAS, the City of Dublin is vitally concerned with the use of the various rights - of -way in the City as such rights -of -way are a valuable and limited public resource, which must be utilized to promote the public health, safety, welfare and economic development of the City; and WHEREAS, it is necessary to comprehensively plan and manage access to, and structures and facilities in, the City rights -of -way to promote efficiency, discourage duplication of facilities, lessen the public inconvenience related to uncoordinated work in the rights -of -way, and promote public safety; and WHEREAS, Chapter 98.03(B)(1) of the Codified Ordinances of the City of Dublin provides that a General Right -of -Way Permit may be granted to a person who desires and is granted authority to utilize rights -of -way generally; and WHEREAS, the City Manager hereby certifies that the applicant has filed for a General Right -of -Way Permit in accordance with Chapter 98.04(C) of the Codified Ordinances of the City of Dublin and in accordance with the Administrative Regulations. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, Franklin, Union and Delaware Counties, State of Ohio, of the elected members concurring that: Section 1 . A General Right -of -Way Permit is hereby granted to Bluemile, h>c. pursuant to Chapter 98 of the Codified Ordinances of the City of Dublin and all applicable Administrative Regulations. Section 2. The City Manager is hereby authorized to execute a General Right -of- Way Permit to Bluemile, hic. Section 3 . This Resolution shall take effect upon passage in accordance with Section 4.04(a) of the Revised Charter. Passed this /3 44 day of 2011. Mayor - Pre 1 Officer ATTEST: Clerk of Council I hereby certify that copies of this Ordinance/ Resolution were posted in the City of Dublin in accordance with Section 4.12(a) of the Revised Charter of the City of Dublin. DfP Clerk of Council, Dublin, Ohio Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 -1090 CITY OF DUBLIN_ Phone: 614 - 410 -4400 • Fax: 614 -410 -4490 Memo To: Dublin City Council From: Marsha I. Grigsby, City Manager \ Date: June 9, 2011 Initiated Sy: Dana L. McDaniel, Deputy City Manager /Director of Economic Development Re: Resolution 26 -11 - Bluemile, Inc. General Right -of -Way Permit Summary Resolution 26 -11 authorizes that a General Right -of -Way Permit be granted to Bluemile, Inc. A copy of the permit application is attached. Because Bluemile is a telecommunications - related company providing a service within the City's right -of -way, it is necessary to grant them a General Right -of -Way Permit in accordance with Chapter 98 of the Codified Ordinances of the City of Dublin. All regulations and requirements have been complied with in accordance with this chapter and the right -of -way regulations. Recommendation Staff recommends Council approve Resolution 26 -11 at the June 13, 2011 Council meeting. Granting this permit will increase available broadband capacity and competition within the City of Dublin. CITY OF DUBLIN GENERAL RIGHT -OF -WAY APPLICATION F.xhihit "A" APPLICANT INFORMATION: lease print or type FEE Corporate Name: Bluemile, Inc. Phone # 614410 -2501 Corporate Address: 7775 Walton Parkway, New Albany, OH 43054 Fax # 614 -855 -2380 Contact Person: Todd Rismiller Phone # 614 -410 -2501 Contact Person Address: 7775 Walton Parkway, New Albany, OH 43054 Fax # 614- 855 -2380 Contact Person E -mail: Todd-Rismiller (@bluemilenetworks.com DubLink system are: Ohio Utilities Protection Service Registration # (if applicable) N/A $10,000 24 Hour Emergency Contact People (in order to be contacted) $17500 Name Business # Residence # Pager# Mobile# I Carl Campbell 614- 410 -2501 x $100000 614 -403 -1005 6403 2 Todd Rismiller 614- 410 -2501 x 513- 608 -7068 2517 3 Dan Jones 614 -410 -2501 x 614 -561 -0631 1749 TYPE OF PERMIT APPLYING FOR FEE General tight -of -way (with a Service Permit) $710 X General right -of -way (without a Service Permit) $710 ** Special Right -of -Way $600 Utility Right -of -Way (a brief statement explaining why the Applicant is entitled * *Fees for facilities not in the to this type of Permit is required — Exhibit M.) DubLink system are: Less than I mile $10,000 From l -10 miles $17500 From ll -100 miles $35500 From 100 -500 miles $100000 * Please note sU a !cation fees must be paid at the time the application is submitted. GENERAL PERMITS (5 years) SPECIAL PERMITS (no limit) UTILITY PERMITS (coterminous with Service Agreement) SHORTER TERM AS REQUESTED HEREIN (define) THE FOLLOWING INFORMATION MUST BE PROVIDED, LABELED AND IDENTIFIED IN THE ORDER AND MANNER SHOWN BELOW FOR YOUR APPLICATION TO BE CONSIDERED "COMPLETE ". AN OFFICER OF THE COMPANY OR OTHER LAWFULLY AUTHORIZED INDIVIDUAL MUST SIGN YOUR APPLICATION. • General Right -o£- -Way Permits will require the following Exhibits: B (in place of C, D, E, H); F; G; I; J; K; L and M (when requested). • Special Rigbt -of -Way Permits will require the following Exhibits: B (in place of C, D, E, H); F;1; J; L and M (when requested). • Utility Right-of-Way Permits require the following Exhibits: B (in place of C, D, E, H); F; G; f; J; K; L and M (when requested). The information contained in this Application is true and cored to the ear of tp mo ledSignature Date5/23/11 Typed Name &Ttle T dd Ris filler — V. P. emtions Exhibit B Copy of valid Certification from the Public Utilities Commission of Ohio May 23, 2011 Non - Applicable Exhibit C Statement of Applicant's corporate or other business entity or organization, including but not limited to, names, titles, and business addresses of all officers, and/or directors of the applicant. May 23, 2011 Applicant is an Ohio Corporation, organized on February 10, 2006, duly registered and in good standing with the Ohio Secretary of State. Applicant's Directors are: 1. Thomas J. Basic, Jr., Director, Bluemile, Inc., 7775 Walton Parkway, Suite 200, New Albany, OH 43054 2. Michael D. Marlowe, Director, Bluemile, Inc., 7775 Walton Parkway, Suite 200, New Albany, OH 43054 3. Lawrence M. DiGiovanni, Director, Bluemile, Inc., 7775 Walton Parkway, Suite 200, New Albany, OH 43054 4. Mark D. DiGiovanni, Director, Bluemile, Inc., 7775 Walton Parkway, Suite 200, New Albany, OH 43054 As to any Parent or Subsidiary company, Applicant does not own or control any subsidiary company, and it is not owned or controlled by any parent company. Exhibit D Detailed description of the applicant's previous experience in providing related and/or similar services as those proposed in conjunction with said application. May 23, 2011 By its Right -of -Way Permit Application (the "application "), Applicant general seeks to provide Enterprise Dark Fiber Service ( "DFS ") and optical "lighted" service ( "OLS ") across its fiber optic network through existing conduit and fiber in and around the City of Columbus. The conduit and fiber were previously installed by Team Fishel, and installer of utility, construction and network facilities headquartered in Dublin, Ohio ("Fishel"), and are currently owned by Applicant. Applicant's DFS availability of dedicated fiber through and indefeasible right of use ( "IRU "), and general maintenance and upkeep of the fiber itself. l Applicant's OLS includes, among other things, access to any one of the Applicant's metropolitan fiber optic networks ( "MFON's ") and corresponding access to any one of intercity fiber optic network ( "IFON "), z availability of tier 1 network services, and a host of other IT and data - related services across Applicant's WON's and IFON. Whereas Applicant's DFS originated directly from the physical layer of the fiber, its OLS relies on connectivity of each other Applicant's network operations centers ( "NOC's ") to local WON's and ultimately IFON. From its inception in 2006, Applicant has offered and provided its OLS. Since that time Applicant has been directly involved in connecting each of its NOC's to available fiber optic networks through installation and tie -in of conduit and fiber. For each installation, Applicant utilized the services of a third -party utility contract, usually consisting of Fishel or a similar contractor. Beginning in 2006, Applicant installed its own IFON and enhanced its available IT and data - related services to include a nationwide network with greater access and performance. Beginning in 2010, Applicant once more expanded operations and service via its acquisition of WON's including both dark fiber facilities and additional optical lighted facilities. Applicant has been actively providing its DFS and OLS across the MFON's, as well as the IFON, since that time. Currently, Applicant provides the same type of service as is contemplated in the pending Application to customers tie in to the Gahanna, OH WON as well as the New Albany, OH MFON. As to DFS, Applicant contracted for the lease of dark fiber and IRU for each DFS customer. Thereafter, Applicant oversaw tie -in the WON by the DFS customer, as part of its WON maintenance and upkeep. As to OLS, Applicant was even more involved in the tie -in and installation of fiber optic facilities from the OLS customer site to the WON. To date, Applicant had contracted with Fishel for installation and tie -in of the facilities. The services contemplated in the pending Application are identical to those currently provided by Applicant with respect to each of the Gahanna, OH and New Albany, OH MFON's. Applicant has participated alongside Fishel in various permitting processes and is knowledgeable as to the process for subterranean installation of fiber optic facilities, running of fiber optics facilities through existing conduit, and tie -in of customer facilities to the MFON's of IFON. ' DFS customers control and are responsible for all aspects of service beyond he physical layer of the fiber, including, but not limited to optical electronics, network planning, network operations, or any other aspect of managed services to make the fiber functional. ' Currently, Applicant maintains and operates MFON's in New Albany, OH and Gahanma, OH. Applicant is in the process of establishing additional MRON's in Cleveland, OH, Boston, MA, and Columbus, OH, pursuant to the Application pending herein. Applicant's IFON stretches from New York City, NY to Los Angeles, CA with additional locations in Atlanta, GA and soon, Chicago, IL. Exhibit E Financial statement May 23, 2011 The financial documents for the Applicant will be submitted directly to the City of Dublin and will not be enclosed in this Application. Exhibit F A statement certifying the Applicant is not delinquent on any taxes or other obligations to the City of Dublin or Franklin, Delaware, or Union Counties. bIueri May 20, 2011 To Whom It May Concern: I hereby certify that to the best of my knowledge & belief. Bluemile Inc is not delinquent on any taxes or other obligations to the City of Dublin, or to Franklin, Delaware, or Union counties. Paul Guyot CFO bluem May 20, 2011 To Whom It May Concern: 1 hereby certify that, to the best of my knowledge & belief, Bluemile Inc is not delinquent on any taxes or other obligations to the City of Dublin, or to Franklin, Delaware, or Union counties. Paul Guyot CFO Exhibit G A statement identifying any Service Permits awarded to the Applicant, from the City of Dublin, in accordance with Chapter 98 of the Codified Ordinances of the City. A copy of said ordinance granting such Service Permits shall also be attached and provided herewith. May 23, 2011 There have been no Service Permits awarded to the Applicant herein. Exhibit H Proposed plan of operation of the applicant. May 23, 2011 Applicant's proposed plan of operation (the "Plan"), as contemplated in submitting the Application herein, involves development of the metropolitan fiber optic network located in Dublin, OH (the "Dublin WON "). The majority of the Dublin WON, consisting of conduit and fiber optic cable, is already installed and owned by Applicant. Currently, the Dublin WON is interconnected with other MFONY operated by Applicant in New Albany, OH and Gahanma, OR All WON's mentioned will operate as part of Applicant's nationwide IFON. For all services contemplated by Applicant, security measures will be implemented and adhered to in securing the WON's and 1FON and protecting against unauthorized access and other potential threats. Thereafter, the Plan will be dependent of the type of service purchased by a particular customer. Dark Fiber Service: The Plan, as it pertains to DFS, will be limited to Applicant's maintenance and upkeep of the physical layer of the fiber only. Upon acquiring an IRU or other lease rights in the dark fiber, Applicant's customer will be solely responsible for all aspects of service beyond the physical layer of the fiber, including, but not limited to, optical electronics, network planning, network operations, or any other aspect of managed services to make the fiber function. Applicant will implement terms and provisions to mandate each DFS customer's compliance with applicable right -of -way requirements and prohibiting each DFS customer from interfering with other customers' purchase and use of DFS. Further, in the event the Application herein is granted and Applicant receives its right -of- way permit, each DFS customer will be prohibited form accessing Applicant's WON or IFON, except through Applicant directly or Applicant's designated contractor, currently Fishel. Optical "Lighted" Service• The Plan, w it pertains to OLS, will include and increased level of participation and services from Applicant. Many of the corresponding services will revolve around Applicant's provision of tier 1 network services and other IT and data - related services, including but not limited to, internet connectivity, dedicated bandwidth, cloud services, and colocation in one of more of Applicant's NOC's. The OLS will likewise be provided across that portion of the WON's and IFON operated directly by Applicant and designated for, among other things, providing the OLS. Although the OLS will be provided across the WON's and IFON, no OLS customer will be permitted access to any WON or IFON, including but not limited to, the Dublin WON, either directly or indirectly. Applicant's Plan for OLS is to provide a medium for commercial, as well as residential, consumers to increase and improve upon their performance and profitability using a local, tier 1 resource in Applicant's WON's. Accordingly, Applicant's Plan is to develop each WON, including, but not limited to, the Dublin WON, keeping in mind those businesses and need comprising the local WON market area. Installation and Access to Right -of -Wax As indicated in this and other Exhibits comprising the Application, it is Applicant's Plan to utilize the services of knowledgeable contractors, like Fishel, for installation and right -of -way access. ' Acronyms and capitalized terms not defined herein shall have the meanings(s) assigned in Exhibit D to the Application Exhibit I A detailed map of facilities in or proposed to be in the Right -of -Way, prepared in accordance with the "Mapping Requirements" section (section 5) of the Rules and Regulations. May 23, 2011 mm o bluemile $ a3 tat ®powell Polaris a ■pols menm.r. � Fmnnm ex,oc.m _ a 316 ■Westervllo " O ®Dublin ¢+un CeNLV¢Vd —� Worthington New Plbany® 3 161 � 131 1 Y p 'uMM )IS UnuPo L� Easton tp ffi Ito ®Hilliard m r 8luamile ®N. Linden ahanna Oats Center ' © j ramo_W 16NM5TSVen TT, 0ni GID�Min ON![4 mv. 6lwmllo FIM. Fwlpinl ®Vppx MlnBlon . Ia+M a+3UIFder rl C�i '&4rutltl n.wn Wlwnv HaMOM �,3 ... iIMFLNµuerMOy s °'° 0 rh5y `1V 9uemkl V.Iluyvinn Columbus I -- -- wsaxa 8 a Iurmxw. , a., The facilities comprising the `Bluemile Fiber Footprint" are contained wholly within the CFN and Dublink Networks in and around the City of Columbus. Accordingly, the facilities are already located within the Right -of -Way. Applicant proposed to tie certain customers into its facilities within said networks. Applicant's fiber is in the CFN duct system that operates within Dublin. OOGO OPERATING ACCOUNT FTPT14 ER— bluemile, Inc. O % 1 fi 3606 25- 216.49b COWMBUS, OHIO 43216 5Y20/2011 PAY TOTHE ORDER OF City of Dublin "710.00 t a Seven Hundred Ten and 00 /100•• ••«„«..««. .. « «. « « «.,. «, «.. «. ».,. «..,««, «. DOLLARS - City of Dublin cE 8 MEMO � G s¢+w 11.00362511. 1 :044DD21F&1: 728279562911• BLUEMILE 3625 City of Dublin 5/20/2011 Date Type Reference Original Amt. Balance Due Discount Payment 5/20/2011 Bill 710.00 710.00 710.00 Check Amount 710.00 Fifth Third- Operating 710.00 BLUEMILE 3625 City of Dublin 5/20/2011 Date Type Reference Original Amt. Balance Due Discount Payment 5120/2011 Bill 710.00 710.00 710.00 Check Amount 710.00 Fifth Third- Operating 710.00 PoUVwcITW USE .n .I. FAN . Wua Fw Buv -1- BBB - 2253390 w ,nc .can A Exhibit J A non - refundable Application Fee (initial, renewal, and/or transfer) in the form of a check, money order or wire transfer made payable to the City of Dublin. Exhibit K Applicant shall provide a certificate of insurance for all required insurance. Please note, those Applicants maintaining a book value in excess of ten million dollars ($10,0000,000) may submit a statement requesting to self - insure, thereby seeking exemption from the insurance requirements required herein. ACORD CERTIFICATE OF LIABILITY INSURANCES ira0n -Lantz Insurance Agency, LLC Frantz Rd. 202 ,mile, Inc. N. Fifth SL Suite 200 & 300 ImbUS.OH 43215 THE POLICIES ANY REW MAY PERTAIN, POLICIES TR�L OF WSURM'CELISTEO BELOW HAVEBEEN I58UFD TOTiff WSUREO NAIEDABOW FORTHE POLICY PERM IRS .ATEO.IgR41TISTMIOIIq IREMENT, TERM OR CONDMON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE "Y BE pISUED ON THE INS0ANCE AFFORDED BY THE P%K3SS OESCR6E0 HEREIN IS SML TTO ALL THE TERMS."CLUBIONS AND CONDmONS OF BUCH AGGREGATE LIMRSSHO WYHAVESEEN REOWED BY PAID CIAIMS. KaiCY F,FE iRCUCYD, MI.ipN in un 1Nw[W ws rea ,mo .NWw NU wwvaxro NU 10 OwrAAI WNLIM1 ✓ caPwgRCULWxBnLUUUrc RAVa°Ae. ❑✓ Dale rgpYMF�w .AG .URRENPX L �.2000,000 TG�mED SAP 'PEAmPPM1AwwWr BBSAALAw�un RiAWIB.LDWRYAW 33 SBAVH9287 07;9812010 07 11 /1000000 .10000 12000000 .4900-000 oanAaaRm°nuurAFR+nPEN ✓Pow+ ux 104 000000 AMPNOB 6 ✓ eWAOPD w®umADPCa ne NWfAYr ®A010B 33 UEC T03332 07116,2010 07AISM11 vaalmw�BULmR MI MR4 .1,000000 �ANNIA MUMI ° aARAmw.sm AxrADro NONE A PVLV..AAR'0lNr s w.cc M ANS s . EmeawmmuuAa.m ✓ ✓ oaW ❑ nASre Ww F qx Re RsIePIgN s 33 SSA VF19287 0710182010 07106I2D11 wC+,O=R eMB .1 000 A4orcoAn 11 000 000 a ° a nRAmsounww.,°xARo BROYw!'LI..ILRY oPRRaA+cuwRFmuWm i�e NONE sx oeFABE.PwsMNDPFB e ..L aa.A.s.wLCruwr . wxw B usiness Personal Property 33 SBA VH9287 i 07N8/2010 07A782011 Limit: $10,000,000 PIItN W G.11ATW ILOC .ATM/ NMDPD /wRYaMA.pPweWR®lT�YIWLRP°WBM1 CANCRLLAMN AC0RD2S(1001NS) VACOROCORPORAnONIM A.w1 Wa< R .m.R,� ®..o,wFN.Lm.rrMEw.w..w,w» in un 1Nw[W ws rea ,mo .NWw NU wwvaxro NU 10 Rings Rd. rb11H 43018 rwe xo aeuF.rwx W LueurY W ANY.NO uroN TN wwsaR. m Aavxn W rPVRSemRATNw. Aunwr®IOROwrAma Joshua S. Lantz, Agent AC0RD2S(1001NS) VACOROCORPORAnONIM ADD CERTIFICATE OF LIABILITY INSURANCE ° 04/26/ 20 01 1 1 1 PRO2ucefl 614 - 799 -1217 T he Griffin -Lantz Insurance Agency, LLC 047 Frantz Rd. S uite 202 D ublin, OH 43017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION FORM ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAICN INSURED luemile, Inc. 26 N. Fifth St. Suite 200 & 300 oiumbus, OH 43215 INSURERA: The Hartford EACH OCCURRENCE INSURERS: INSUREPC. PREMISE me NED E %PMy we Parm) INEUflER D. INSURER E. PERSONAL&ADVINJURY THE POLICIES ANY REGUIREMENT, MAY PERTAIN, POLICIES. OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGGREGATE LIMITS SHOWN MY HAVE BEEN REDUCED BY PAID CLAIMS. IN DUL POUCYEPFECTVE O POLICY NUMBER LpIITB GENEBALUABBRY EACH OCCURRENCE $ZOOOODO ✓ CCMMERCIALGFNERTLUABIUMY CLAIMSMADE O OCCUR PREMISE me NED E %PMy we Parm) $1,000,000 $10000 PERSONAL&ADVINJURY $2000000 GENERALAOGREGATE s4, 000,000 GEN'LAGDREGATE UMITAPFUES PER PRODULTS.GMIP,0PAGG $4000000 VI Foucv PR M LOC 33 SBA VH9257 07/08/2010 07/08/2011 AUTOMOBREWBILDY ANYAUTD ( T� M INGIEUMR $1,000,000 BODILY INJURY (PMPMM) 5 ALLOWNEDAUTOS SCHEDULEDmncS 33 UEC T03332 07/082010 07108/2011 ✓ HIRED AUTOS -0 NON NEDAUTOS �DIL UflV ( � 5 ✓ Perr=den10AMAGE $ GARAGEMBILT' AUTCONLY EAACGDENT $ OTHER THAN EAACC AUTO ONLY; AGO S ANYAUTO NONE $ E — IMBRELIALIABRITT EACH CC. URRENCE $1,000 ✓ OCCUR [I CLAIMSMADE AGGREGATE $1,000,000 g DEDUCTIBLE ✓ $ RETENTION $10 33 SBA VH9257 071082010 071082011 WORKER$COMPENSATONAND WGSTATµ I EMPLOYERS' LIABILITY AM PROPRIETORNARTNER,E %EDUIIVE EL EACH ACCIDENT $ EL DI6EA6E EA EMPLOYEE $ OPPCERAIEMBER EXCLUDED? n ym de flbeunne, SPEOFLPROVISIONS MIOw NONE ELDISEASE- POLICYUMIT i OTIER usiness Personal Property Limit: $10,000,000 33 SBA VH9257 07/08/2010 07/08/2011 DEWMR ONOFOPERATONS /LOC MNS /VENAL IMCWSIOM4ADDEOBYENDGRSEMEW /SPECIALPROVISIONS of Dublin 1 Shier -Rings Rd. in, OH 43016 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, WE ISSUING INSURER WILL ENDEAVOR TO IMIL 10 DAYS WETTER NOTCE TO THE CERTFlCATE HOLDER NAMED TO WE LEFT, BUT FAILURE TO OD $0 SHALL IMPOSE NO OBUGRION OR LIASIUMY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Exhibit L Explanation of why the applicant is entitled to a "Utility Right -of -Way" permit May 23, 2011 Applicant intends to use Right -of -Way to extend enhanced telecommunications and data services to the City of Dublin's business customer and needs access to City's Right -of -Way to extend our fiber network to those businesses. Exhibit M Additional information requested by the City of Dublin.