(A) Registration required prior to work. No person shall construct, install, repair, remove, relocate, or perform any work within any right-of-way, including persons with installation and maintenance responsibilities by lease, sublease, or assignment, without first being registered pursuant to this section. The registration shall be made on an application form provided by the city and shall be accompanied by the registration fee in an amount as set by Council from time to time. Registration, and the accompanying fee, shall be required on an annual basis. A service or utility service operating under a franchise with the city shall register pursuant to this section, but need not provide the registration information required by division (C) below if the information has been submitted pursuant to the franchise agreement. A person who pays a franchise fee to the city in accordance with a franchise agreement shall be exempt from payment of a registration fee. Nothing in this section relieves a person 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 chapter:
(1) Persons planting or maintaining boulevard surface plantings or gardens;
(2) Persons erecting fences, mail boxes, installing driveways, sidewalk, curb and gutter, or parking lots;
(3) Persons engaged in snow removal activities;
(4) Persons installing street furnishings, bus stop benches, and shelters;
(5) Persons installing irrigation systems;
(6) City other than sewer and water utilities; and
(7) Persons acting as agents, contractors, or subcontractors for a registrant who has properly registered in accordance with this section.
(C) Registration information. The registrant shall provide, at the time of registration and within 15 days following the date the registrant becomes aware of any change thereto, the following information:
(1) Registrant’s name, address, telephone number, facsimile number, and Gopher State One- Call registration certificate number, if required by state law;
(2) Name, street address, e-mail address, telephone number, and facsimile number of the person responsible for fulfilling the obligations of the registrant;
(3) A certificate of insurance from a company licensed to do business in the state providing minimum coverage in the following amounts:
(a) General liability.
1. Public liability, including premises, products, and complete operations:
a. Bodily injury liability: $1,000,000 each person , $3,000,000 each occurrence; and
b. Property damage liability: $3,000,000 each occurrence;
2. In lieu of divisions (C)(3)(a)1.a. and (C)(3)(a)1.b. above, bodily injury and property damage combined: $3,000,000 single limit.
(b) Comprehensive.
1. Automobile liability insurance, including owned, non-owned, and hired vehicles:
a. Bodily injury liability: $1,000,000 each person, $3,000,000 each occurrence; and
b. Property damage liability; $3,000,000 each occurrence.
2. In lieu of divisions (C)(3)(b)1.a. and (C)(3)(b)2.b. above, bodily injury and property damage combined: $3,000,000 single limit.
(c) Certificate. The certificate shall verify that the registrant is insured against claims for personal injury, including death, as well as claims for property damage arising out of the use and occupancy of the right-of-way by the registrant, his or her officers, agents, employees, and permit holders; and placement and use of equipment or facilities in the right-of-way by the registrant, his or her officers, agents, employees, and permit holders, including, but not limited to, protection against liability arising from completed operations, damage of underground equipment, and collapse of property. The certificate shall also name the city 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 coverages. The certificate shall require that the Planner be notified 30 days prior to cancellation of the policy;
(4) Twenty-four hour emergency number;
(5) An acknowledgment by the registrant of the indemnification pursuant to § 71.21 of this chapter;
(6) Certificate of authority to do business in the state and in the city, if applicable;
(7) A copy of the person’s order granting a certificate of authority from the State Public Utilities Commission or other authorization, or approval from the applicable state or federal agency to lawfully operate, where the person is lawfully required to have the authorization or approval from the Commission or other state or federal agency; and
(8) The additional information as the city may require.
(Ord. 277, passed 11-13-2017)