(a) Registration required prior to work. No shall construct, install, repair, remove, relocate or perform any work within any right-of-way, including with installation and maintenance responsibilities by lease, sublease or assignment, without first being registered pursuant to this section. Such registration shall be made on an application form provided by the Department of Public Works and shall be accompanied by the registration fee set forth in Chapter 14 of this code. Registration, and the accompanying fee, shall be required on an annual basis. A or operating under a franchise with the shall register pursuant to this section but need not provide the registration information required by subsection (c) below if such information has been submitted pursuant to the franchise agreement. A who pays a franchise fee to the in accordance with a franchise agreement shall be exempt from payment of a registration fee. Nothing in this section relieves a from complying with the provisions of M.S. Chapter 216D, the Gopher State One-Call Law, as it may be amended from time to time.
(b) Exceptions. The following are not subject to the requirements of this section, but may be subject to regulation by other sections of this code:
(1) planting or maintaining boulevard surface plantings or gardens;
(2) erecting fences, mail boxes, installing driveways, sidewalk, curb and gutter, or parking lots;
(3) engaged in snow removal activities;
(4) installing street furnishings, bus stop benches and shelters;
(5) installing irrigation systems;
(6) other than sewer and water utilities;
(7) Plumbers licensed in accordance with § 15.141 of this code; and
(8) acting as agents, contractors or subcontractors for a who has properly registered in accordance with this section.
(c) Registration Information. The must provide, at the time of registration and within 15 days following the date the becomes aware of any change thereto, the following information:
(1) name, address, telephone number, facsimile number and Gopher One Call registration certificate number if required by state law;
(2) Name, street address, e-mail address, telephone number and facsimile number of the responsible for fulfilling the obligations of the ;
(3) A certificate of insurance from a company licensed to do business in the State of Minnesota providing minimum coverage in the following amounts:
(A) Worker’s compensation: $500,000 each person, each occurrence.
(B) General liability, including bodily injury and property damage: $1,500,000 per occurrence, $3,000,000 minimum general aggregate and $2,000,000 products and completed operations aggregate.
(C) Automobile liability insurance, including owned, non-owned and hired vehicles: $1,500,000 per occurrence and $3,000,000 general aggregate.
(D) Property insurance, covering damages to the registrant’s property in the right-of-way: in an amount sufficient to replace the damaged property, loss of use and comply with any ordinance or law requirements $1,000,000 or greater.
(E) The city may require an adjustment to insurance coverage limits for any installation in place longer than 12 months.
Such certificate shall verify that the is insured against claims for personal injury, including death, as well as claims for property damage arising out of the (i) use and occupancy of the right-of-way by the , its officers, agents, employees and ; and (ii) placement and use of or in the right-of-way by the , its officers, agents, employees and , including, but not limited to, protection against liability arising from completed operations, damage of underground and collapse of property. Such certificate shall also name the as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all such coverages. Such certificate shall require that the be notified 30 days prior to cancellation of the policy.
(4) Twenty-four hour emergency number;
(5) An acknowledgment by the of the indemnification pursuant to § 17.85 of this code;
(6) Certificate of authority to do business in the state and in the , if applicable; and
(7) Such additional information as the may require.
(Ord. 98-54, passed 11-16-1998; Ord. 2006-32, passed 7-24-2006; Ord. 2020-27, passed 7-27-2020)