(A) A permit application is required per this section with fees and defined by the fee schedule per § 309.05.
(B) By applying for and accepting a permit under this chapter, a permittee agrees to defend and indemnify the city in accordance with the provisions of Minn. Rules 7819.1250.
(C) The application for a permit shall contain and will be considered complete only upon compliance with the requirements of the following provisions:
(1) Submission of a completed permit application form, including all required attachments, scaled drawings showing the location and area of the proposed project, the location of all known existing and proposed facilities and the following information:
(a) Each permittee’s name, Gopher One-Call registration certificate number, address, e-mail address, if applicable, and telephone and facsimile numbers;
(b) The name, address, e-mail address, if applicable, and telephone and facsimile numbers of a local representative. The local representative or designee shall always be available. Current information regarding how to contact the local representative in an emergency shall be provided at the time of registration;
(c) A certificate of insurance or self-insurance, where appropriate, unless waiver:
1. Verifying that an insurance policy has been issued to the permittee by an insurance company licensed to do business in the state, or a form of self-insurance acceptable to the city administrator; or
2. Verifying that the permittee 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 permittee, its officers, agents, employees and permittees, and placement and use of facilities and equipment in the right-of-way by the permittee, its officers, agents, employees and permittees, including, but not limited to, protection against liability arising from completed operations, damage of underground facilities and collapse of property.
(d) Naming 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;
(e) Requiring that the City Administrator or comparable official be notified 30 days in advance of cancellation of the policy or material modification of a coverage term;
(f) The city may require a copy of the actual insurance policies;
(g) Indicating comprehensive liability coverage, automobile liability coverage, worker’s compensation and umbrella coverage established by the City Administrator in amounts sufficient to protect the city and the public and to carry out the purposes and policies of this chapter;
(h) If the person is a corporation, a copy of the certificate required to be filed under M.S. § 300.06, as it may be amended from time to time, as recorded and certified by the Secretary of State; and
(i) A copy of the person’s order granting a certificate of authority from the state’s Public Utilities Commission or other applicable state or federal agency, where the person is lawfully required to have the certificate from the Public Utilities Commission or other state or federal agency.
(2) Payment of money due the city for:
(a) Permit fees, estimated restoration costs and other management costs;
(b) Prior obstructions or excavations;
(c) Any undisputed loss, damage or expense suffered by the city because of applicant’s prior excavations or obstructions of the rights-of-way or any emergency actions taken by the city; and
(d) Franchise fees or other charges, where appropriate.
(Ord. 234, passed - -)