(a) Certificate of Registration Applications. To obtain a certificate of registration or to obtain a renewal of a certificate of registration issued pursuant to this chapter, an application must be filed with the City on the form adopted by the Department of Public Works which is hereby incorporated by reference.
(b) Application Information. The applicant shall keep all of the information required in this section current at all times, provided that applicant or provider shall notify the City of any changes to the information required by subsection (b)(2) hereof within fifteen days following the date on which the applicant or provider has knowledge of any such change and shall notify the City of any changes to other information required by this subsection within thirty days following the date on which the applicant or provider has knowledge of such change. The information provided to the City at the time of application shall include, but not be limited to:
(1) Each applicant's name, legal status (i.e. partnership, corporation, etc.), street address, and telephone and facsimile numbers.
(2) The name, street address, and telephone and facsimile numbers of a system representative. The system representative shall be available at all times. Current information regarding how to contact the system representative in an emergency shall be provided at the time of application and shall be updated as necessary to assure accurate contact information is available to the City at all times.
(3) A certificate of insurance provided to meet the requirements of this section shall:
A. Verify that insurance policies meeting the specifications required herein have been issued to the applicant by an insurance company licensed to do business in the State of Ohio;
B. Verify that the applicant is insured on an occurrence basis against claims for personal injury, including death, as well as claims for property damage arising out of the: use and occupancy of the rights-of-way by the applicant, its officers, agents, employees and contractors; and placement and use of facilities in the rights-of-way by the applicant, its officers, agents, employees and contractors, including, but not limited to, protection against liability arising from any and all operations, damage of underground facilities, explosion, environmental release, and collapse of property;
(4) Commercial general liability insurance: Applicant shall obtain and maintain during the term of the certificate of registration and for six months thereafter commercial general liability insurance to cover damages to property and injuries to persons, including products-completed operations and personal & advertising injury. Coverage must be written on an occurrence basis, with limits not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) aggregate.
A. Property damage liability insurance shall include coverage for the following hazards: E - explosion; C - collapse; U -underground.
B. The City, its elected officials, officers, employees, agents and volunteers shall be covered as additional insureds under the commercial general liability insurance required herein.
C. The coverage required herein shall be primary insurance in respect to the City, its elected officials, officers, employees, agents and volunteers. Any insurance, or self-insurance, maintained by the City, its elected officials, officers, employees, agents and volunteers shall be excess of the applicant's insurance and shall not contribute with it.
(5) Automobile liability insurance:
A. Applicant shall obtain and maintain during the term of the certificate of registration comprehensive auto liability insurance to cover owned, hired, and non-owned vehicles. Coverage must be written on an occurrence basis, with limits of not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) aggregate.
(6) Umbrella or excess liability:
A. Applicant may satisfy the minimum liability limits required above for commercial general liability or auto liability under an umbrella or excess liability policy.
B. Applicant agrees to endorse the City as an additional insured on the umbrella or excess policy, unless the umbrella or excess policy provides coverage on a "Follow Form" basis and such fact is disclosed on the certificate of insurance.
(7) Contractor's pollution legal liability:
A. If project involves environmental hazards, applicant shall obtain and maintain for the duration of the certificate of registration contractor's pollution legal liability coverage with limits no less than one million dollars ($1,000,000) per occurrence or claim, and two million dollars ($2,000,000) policy aggregate.
B. Claims-made coverage is permissible. If coverage is written on a claims-made coverage form: 1) the retroactive date must be shown and this date must be before the beginning of work pursuant to the certificate of registration; and 2) insurance must be maintained and evidence must be provided for at least five years after completion of work.
(8) Notice of cancellation or material change in coverage: Each insurance policy required herein shall provide that coverage shall not be cancelled except with prior notice to the City. Further, if the applicant receives a non-renewal or cancellation notice from an insurance carrier providing coverage required herein, or receives notice that coverage no longer complies with the requirements herein, applicant agrees to notify the City by fax or email within five business days with a copy of the non-renewal or cancellation notice, or written explanation of how coverage is no longer in compliance. Applicant shall cease operations on the occurrence of any such non-renewal, cancellation, or material change and shall not resume operations until insurance is in force that complies with these requirements.
(9) Additional insurance: The City reserves the right in unusual or unique circumstances to require any other insurance coverage it deems reasonably necessary after review of any proposal submitted by applicant.
(10) The City reserves the right to require complete, certified copies of all insurance policies required by these specifications, including endorsements, at any time.
(11) Self-insurance: Those applicants maintaining at all times a book value in excess of twenty million dollars ($20,000,000) may submit a statement requesting to self-insure. Said request must be in writing and contain proof of applicants’ book value. If approval to self- insure is granted, applicant shall assure the City that such self-insurance shall provide the City with no less than would have been afforded to the City by a third party insurer providing applicant with the types and amounts of coverage detailed in this section. This statement shall include a description of the applicant's self-insurance program and may be required to include:
A. Audited financial statements for the previous year; and
B. A listing of any and all actions against or claims made against applicant for amounts over one million dollars ($1,000,000) or proof of available excess umbrella liability coverage to satisfy all total current claim amounts above twenty million dollars ($20,000,000).
(12) City's examination of, or failure to request or demand, any evidence of insurance in accordance with this chapter, shall not constitute a waiver of any requirement of this section and the existence of any insurance shall not limit applicant's obligations under this chapter.
(13) Documentation that applicant or provider maintains standard workers' compensation insurance as required by law. Similarly, provider shall require any subcontractor to provide workers' compensation insurance in amounts required by law for all of the subcontractor's employees.
(14) If the person is a corporation, a copy of the certificate of incorporation (or its legal equivalent), as recorded and certified to by the secretary of state (or legal equivalent) in the state or country in which incorporated.
(15) A copy of the person's certificate of authority (or other acceptable evidence of authority to operate) from the PUCO and/or the FCC and any other approvals, permits, or agreements as set out in Section 1080.05.
(16) Unless applicant is a public utility as defined in R.C. § 4939.01, upon request of the City, a narrative (or if applicable PUCO/FCC application information) describing applicant's proposed activities in the City including credible information detailing applicant's financial, managerial, and technical ability to fulfill applicant's obligations under this chapter and carry on applicant's proposed activities.
(c) Criteria For Issuance of a Certificate of Registration. In deciding whether to issue a certificate of registration, the City shall consider:
(1) Whether the issuing of the certificate of registration will contribute to the health, safety, and welfare of the City and its citizens;
(2) Whether issuing of the certificate of registration will be consistent with this chapter;
(3) Whether applicant has submitted a complete application and has secured all certificates and other authorizations required by law in order to construct and operate a system in the manner proposed by the applicant;
(4) Whether the applicant is delinquent on any taxes or other obligations owed to the City or Montgomery or Greene Counties or State of Ohio;
(5) Except for public utilities as defined in R.C. § 4939.01 subject to the jurisdiction of the PUCO or a cable operator possessing a valid franchise, whether the applicant has the requisite financial, managerial, and technical ability to fulfill all its obligations under this chapter and the issuance of a certificate of registration; and
(6) Any other applicable law.
(d) Grant or Denial of an Application for a Certificate of Registration.
(1) The City, not later than sixty days after the date of filing by an applicant of a completed application, shall grant or deny the application.
(2) If an application for a certificate of registration is denied, the City shall provide to the applicant, in writing, the reasons for denying the application and such other information as the applicant may reasonably request.
(e) Obligations of a Provider Upon Receipt of a Certificate of Registration. In addition to the other requirements set forth herein and in the rules and regulations each provider shall:
(1) Use its best efforts to cooperate with other providers and users of the rights- of-way 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) When possible, participate in joint planning, construction and advance notification of rights-of-way work, as may be required by the City;
(3) Upon reasonable written notice, and at the direction of the Director of Public Works, promptly remove or rearrange facilities as necessary for public safety; and
(4) Perform all work, construction, maintenance or removal of facilities within the rights-of-way, including tree trimming, in accordance with good engineering, Construction and arboricultural practice including any appropriate state building codes, safety codes and law and use best efforts to repair and replace any street, curb or other portion of the rights-of-way, or facilities located therein, to a condition to be determined by the Director of Public Works to be adequate under current standards 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 providers, all in accordance with all applicable provisions of this chapter, any rules and regulations the City may adopt and the Codified Ordinances.
(Ord. 12-03. Passed 5-19-03; Ord. 26-06. Passed 10-16-06; Ord. 27-06. Passed 11-20-06; Ord. 05-17. Passed 4-17-17; Ord. 04-20. Passed 2-17-20.)