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When a city crew or a city contractor performs work in the right-of-way and finds it necessary to maintain, support, or temporarily move a Company's equipment in order to protect it, the costs associated therewith will be billed to that Company. In such event, the public works director shall notify the affected Company of the action the city intends to take with respect to such equipment and shall afford such company the opportunity to take the action necessary to support or temporarily move its equipment to facilitate the city operation.
(Ord. 1984 - Nov. 19 Supp.)
The Company shall indemnify and save harmless the city from any and all claims, suits, losses, damages, costs or expenses, on account of injury or damage to any person or property, to the extent caused or occasioned by the Company’s negligence in construction or maintenance of the utility facilities authorized by this ordinance; However, the Company shall not be obligated to defend, indemnify and save harmless the city for any costs or damages to the extent arising from the negligence of the city, its officers, employees or agents.
Before any permit shall be issued, the applicant shall submit or have on file with the City of Ankeny a certificate of insurance evidencing the existence of liability insurance deemed adequate by the city to cover the risk presented by the work being undertaken in the right-of-way. The type and limits of insurance shall meet the requirements of the current edition of the SUDAS Standard Specifications, Section 1070, with the city listed as an additional insured party on the certificate.
(Ord. 1984 - Nov. 19 Supp.)
Before any permit shall be issued, the applicant shall post a performance bond with the City of Ankeny to cover the expenses necessary to restore disturbed surfaces, repair existing pavements, replace sod, replace landscaping and otherwise provide restoration of the right-of-way that is disturbed by the construction associated with the utility installation within the right-of-way. The amount of the bond shall be $10,000.00 unless the public works director determines that a larger amount is necessary to be sufficient to cover the cost of restoring the right-of-way to its proper and required condition pursuant to the city's standard construction specifications. The performance bond shall be a surety bond in accordance with the requirements of the current edition of the SUDAS Standard Specifications, Section 1070.
1. If the Company fails or neglects to properly restore the right-of-way to its proper condition within a reasonable time after notice by the public works director of such failure or neglect, or fails to pay restoration costs incurred by the city to cure, the restoration costs as certified by the public works director shall be promptly paid by the Company or bonding company as the case may be.
2. In lieu of filing a performance bond in connection with each separate permit application, an applicant with numerous concurrent utility projects may, at the discretion of the public works director, be allowed to post with the City of Ankeny an alternate form of security in the form of an annual performance bond, letter of credit, certificate of deposit, or certified check in an amount deemed sufficient by the public works director, but in no event less than $10,000.00 per utility installation, to secure the applicant's performance of the restoration work which the applicant will become responsible for during the next 12-month period.
(Ord. 1984 - Nov. 19 Supp.)
The Company that intends to construct new facilities or intends to undertake a major maintenance project within the right-of-way shall submit construction plans to the public works department. Such plans shall be submitted using a format designated or approved by the public works director and shall contain the information determined by the public works director to be necessary to facilitate the coordination and reduction in the frequency of excavations and obstructions within the right-of-way. The plan shall include but not be limited to the following information: (i) existing utilities and ground features that are readily available. (ii) the specific locations and the beginning and ending points of all equipment and facilities to be installed. (iii) information indicating the horizontal and vertical locations, relative to the boundaries of the right-of-way, of all equipment which is proposed for installation within any right-of-way.
Obtaining a permit to install utility equipment in the City of Ankeny right-of-way does not relieve the Company of the duty to obtain all other necessary permits, licenses, and authority required by the Iowa Department of Transportation, Polk County or other state and federal rules, laws or regulations. The Company shall comply with all requirements of local, state and federal laws, including I.C. § 480.1 et seq., pertaining to underground facilities information (Iowa One-Call excavation notice system).
(Ord. 1984 - Nov. 19 Supp.)
The public works director may deny a permit request in order to protect the public health, safety and welfare; to prevent interference with the safety and convenience of ordinary travel over the right-of-way; or when necessary to protect the right-of-way and its users. In determining to deny a permit, the public works director will consider the following factors: (i) the extent to which right-of-way space is available; (ii) the competing demands for the particular space in the right-of-way; (iii) the availability of other locations or other right-of-way.
(Ord. 1984 - Nov. 19 Supp.)
The Company shall not transfer its equipment located in the right-of-way or its business to any other entity without giving the City of Ankeny a 90-day prior written notice of such proposed transfer. The city may refuse consent to a proposed transfer if it determines that the proposed transferee lacks the expertise, experience, financial resources or sufficient personnel required to maintain the said equipment and/or the right-of-way associated therewith.
(Ord. 1984 - Nov. 19 Supp.)
The Company shall not expand, enlarge, or change the use of its equipment within the right-of-way without giving the city a 90-day prior written notice of such proposed change in use and without obtaining the prior written consent of the public works director to such change in use. In such notice, the registrant shall clearly and completely set forth the proposed change in use of equipment. Enlarging or expanding an existing utility within the right-of-way will require the same application process and fee requirements as an initial installation of facilities.
(Ord. 1984 - Nov. 19 Supp.)
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