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(A) In addition to the other requirements set forth herein and in the regulations each permittee, except for residential purposes, shall:
(1) Use its best efforts to cooperate with other permittees and the city for the best, most efficient, and least obtrusive use of rights-of-way, consistent with safety, and to minimize traffic and other disruptions, including street cuts;
(2) Have a copy of the permit and associated plans on the job site at all times;
(3) Participate in such joint planning, construction and advance notification of right-of-way work, excepting such work performed in an emergency, provided the permittee uses its best efforts to contact the city at the earliest possible time after beginning any such emergency work requiring excavation or other interference with the flow of traffic, as may be required by this chapter and as may be more specifically set forth in regulations promulgated pursuant to this chapter;
(4) Reasonably cooperate with other permittees in the utilization of, construction in and occupancy of private rights-of-way within the city, but only to the extent the same is consistent with the grant thereof, is not additionally burdensome to any property owner or unreasonably burdensome to the permittee;
(5) Upon reasonable written notice of not less than 60 days, except in an emergency threatening the public health, safety or welfare, and at the direction of the Municipal Administrator, or designee, and at the permittee’s sole cost, promptly remove or rearrange facilities as necessary, as further specified in the regulations: (i) during any construction, repair or modification of any street, sidewalk, city utility or other public improvement; (ii) as part of the Municipal Administrator, or designee’s determination, that designated portions of Its rights-of-way should accommodate only underground facilities or that facilities should occupy only one side of a public way; (iii) if an additional or subsequent city or other public use of rights-of-way is inconsistent with the then-current uses of such permittee; or (iv) for any other reasonable cause as determined by the Municipal Administrator, or designee pursuant to § 98.56;
(6) Provide information relating to a permittee’s facilities and operations within the rights-of-way in such form as to allow for the accurate assessment of the quantity, location, and disposition of a utility’s infrastructure in the public rights-of-way; for a right-of-way work permit, permittee shall provide a detailed plan, as delineated in Chapter 98, of the proposed work;
(7) Perform all work, construction, maintenance or removal of structures and facilities within the rights-of-way, including tree trimming, in accordance with good engineering and construction practice and use its best efforts to repair and replace any street, curb, utility, or any other portion of the rights-of-way damaged in the work area, to a condition to be determined by the City Engineer, and not less than materially equivalent to its condition prior to such work and to do so in a manner which minimizes any inconvenience to the public, the city and other permittees. Each occupant of the right-of-way that may excavate in the rights-of-way shall file with the city standards for repair of the rights-of-way to be approved or denied by the City Engineer within 60 days after filing. If the rights-of-way repair standards are denied by the city, the occupant must amend its proposed standards to meet the city’s requirements prior to excavating the rights-of-way. If a repair fails, the right-of-way occupant responsible shall redo the repair at their cost;
(8) Register, or cause to be registered, its facilities with underground reporting services;
(9) Use its best efforts to cooperate with the city in any emergencies involving the rights-of-way, including the maintenance of a 24-hour emergency contact;
(10) Field identify, using distinct identification, all structures and facilities in areas of the rights-of-way designated for construction or related activities; and
(11) Designate a single point of contact for all purposes hereunder, as well as comply with such other contact and notice protocols.
(B) Each permittee shall assure that any subcontractor or other person performing any work or service in the rights-of-way on behalf of said permittee will comply with all applicable provisions of this chapter and its right-of-way permit and will identify the permittee for whom such contractor is working. Said permittee shall be responsible and liable hereunder for all actions of any such subcontractor or others, as if said permittee had performed or failed to perform any such obligation.
(Ord. 8710, passed 9-17-2018)