1149.06 OBLIGATIONS OF PERMITTEES; CONDITIONS OF PERMITS.

   (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 Chapter 1149 and this Chapter and as may be more specifically set forth in regulations promulgated pursuant to this chapter, and provided further, that mandatory joint planning shall not require the exchange or provision of trade secrets or competitively sensitive materials or information;

      (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 sixty (60) days, except in an emergency threatening the public health, safety or welfare, and at the direction of the Mayor, or his designee, and at the Permittee's sole cost, to the extent permitted by Ohio law, 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 Mayor, or his designee's determination, to the extent permitted by Ohio law, that designated portions of its Rights-Of-Way should accommodate only underground Facilities or that Facilities should occupy only one side of a street or other public way, provided that such determination is reasonable and a part of an overall improvement plan or project; (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 Mayor, or his designee, pursuant to Section 1149.14(b) to the extent permitted by Ohio law; however, nothing in this division shall be interpreted as foreclosing any rights that any Permittee has pursuant to Ohio R.C. Title 49 to file an application with the Public Utilities Commission of Ohio under any applicable provision of R.C. Title 49, in order to recover the costs associated with the relocation of any Facilities pursuant to this division;

      (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 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 1149, of the proposed work. Upon a proper request by a Permittee demonstrating that any portion of the information required constitutes a "trade secret" pursuant to Ohio law, or that the material should remain confidential pursuant to any other provision of local, state, or federal law, the material shall be treated as confidential and not subject to public disclosure. In no event will the City allow any person involved with the City's telecommunications service access to information a Permittee has designated "confidential" or "proprietary";

      (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 including any appropriate safety codes and in accordance with the regulations and use its best efforts to repair and replace any street, curb or other portion of the Rights-Of-Way within the disturbed area of the work area, or Facilities or structure located therein, to a condition to be determined by the Mayor to be adequate under current standards, on file with 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, all in accordance with the regulations adopted hereunder or under Chapter 1149. Each occupant of the Right-Of-Way that may make a street cut shall file with the City standards for repair of street cuts that shall be approved or denied by the City Engineer within sixty (60) days after filing. If the street cut standards are denied the Right-Of-Way, the occupant must amend its proposed standards to meet the City's requirements prior to making any street cuts. Each Right-Of-Way Applicant shall amend its street cut standards from time to time as required by good engineering practice. If a street cut repair fails, the Right-Of-Way occupant responsible for the street cut shall repair the street cut until such time as the City repaves the streets. No Right-Of-Way occupant shall be responsible to repair a street cut damaged by a cause other than the repair made by the Right-Of-Way occupant;

      (8)   Register, or cause to be registered, its Facilities with underground reporting services as set forth in the regulations;

      (9)   Use its best efforts to cooperate with the city in any emergencies involving the Rights-Of-Way in such manner as the regulations shall require, 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 in accordance with the regulations, provided that the regulations shall require that the field identifications utilize, to the greatest extent possible, customary industry standards for such identification; and

      (11)   Designate a single point of contact for all purposes hereunder, as well as comply with such other contact and notice protocols as the regulations require.

   (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. 11-22. Passed 2-7-22.)