(A) Registration and right-of-way occupancy. Each person who occupies, uses or seeks to occupy or use the right-of-way for any facilities located in the right-of-way, or who has or seeks to have facilities located in any right-of-way shall register with the district.
(B) No construction without registration. No person may construct, install, repair, remove, relocate or perform any other work on, or use any facilities or any part thereof located in any right-of-way without being registered with the district. Planting and maintaining vegetation in the right-of-way is exempt from the requirements of this section.
(C) Registration information. The information provided to the district at the time of registration, shall include, but not be limited to:
(1) Registrant’s name, address, telephone, e-mail address and facsimile number;
(2) The name, address, telephone, e-mail address and facsimile number of a local representative who shall be available at all reasonable times;
(3) Proof that the registrant has secured the insurance specified below in this division (C)(3). All insurance secured by the registrant under the provisions of this division (C)(3) shall be issued by insurance companies acceptable to the district and authorized to conduct business in the state. Certificates of all required insurance shall be provided to the district prior to conducting any work identified herein. The following insurance is required:
(a) Workers’ compensation insurance with statutory limits of the workers’ compensation laws of the state and coverage B, employer’s liability, covering operations of the registrant. This shall include other state’s insurance so as to include all states not named on the declarations page of the insurance policy. The available limits for coverage B, employer’s liability, shall be not less than $1,000,000 each accident, $1,000,000 disease, policy limits;
(b) Commercial general liability insurance providing coverage not less than that of the standard commercial general liability insurance policy (occurrence form for operations of the registrant). If the occurrence form is not available, then claims made coverage shall be maintained for three years after completion of any right-of-way project. The policy shall include contractual, personal injury, bodily injury and property damage liability coverages with total available limits not less than $1,000,000 per occurrence, not less than $2,000,000 general aggregate, and $2,000,000 aggregate products and completed operations. This commercial general liability insurance policy shall name the district and its duly authorized representatives as an additional insured. The district shall be provided with a copy of the certificate and the policy endorsement prior to or upon execution of the registration; and
(c) 1. Automobile liability insurance covering all owned, non-owned and hired automobiles, trucks and trailers. Such insurance shall provide coverage at least as broad as that found in the standard comprehensive automobile liability policy with limits of not less than $1,000,000 combined single limit each occurrence.
2. Registrant will provide the district with at least 30 days’ written notice of an insurer’s intent to cancel or not renew any of the insurance coverages. Registrant agrees to hold the district harmless from any liability, including additional premium due because of registrant’s failure to maintain the coverage limits required. The district’s approval or acceptance of these certificates of insurance does not constitute the district’s assumption of responsibility for the validity of any insurance policies nor does the district represent that the above coverages and limits are adequate to protect any individual/group/business its consultants’ or subcontractors’ interests and assumes no liability therefore.
(4) Proof that the person is a corporation, including written evidence that it is authorized to do business in the state, is recorded and certified to by the Secretary of State; and
(5) As built drawings and location of all facilities and underground facilities in the district right-of-way property.
(D) Proof of posted bonds. Proof that the registrant has posted the bonds required by this chapter. The registrant shall keep all the information listed above current at all times by providing the district with information of changes within ten days following the date on which the registrant has knowledge of any change.
(E) Future uses. In permitting any facilities to be placed in the right-of-way, the district is not liable for any damages caused thereby to any registrant’s facilities that are already in place.
(F) Abandoned and unused facilities. Any registrant who has abandoned facilities in any right-of-way that are interfering with construction or reconstruction projects shall remove them from the right-of-way at the registrant’s cost when requested by the district. Said facilities shall be deemed abandoned pursuant to this section when the provisions of § 34.05(C)(2) apply and the registrant is provided with 30 days’ notice of the district’s removal order and fails to substantially complete the removal of the abandoned facilities within 180 days thereafter. The district may then take the actions set forth in § 34.05(C)(2) and (C)(3).
(Prior Code, § 5-26)