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Codified Ordinances of Napoleon, OH
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   919.05 INSURANCE REQUIRED FOR CONSTRUCTION PERMIT.
   Unless waived by the City Engineer, before the issuance of any construction permit, the applicant shall demonstrate compliance with the insurance provisions of this section. No waiver shall be granted by the City Engineer unless, the nature of the construction work poses little or no risk to the public, as determined in writing by the City Engineer:
   (a)   The applicant shall maintain and file with the City a certificate evidencing a commercial general liability insurance policy(ies), issued by a company(ies) authorized to write insurance in the State and designating the City as an additional insured, in the minimum below stated amounts (or such other amounts as determined to be adequate by the City Engineer taking into consideration the nature and extent of the project). These limits are the City of Napoleon’s minimum requirements and may not fully protect interests of the contractor.
      (1)   Two million dollars ($2,000,000) each occurrence and a general aggregate of three million dollars ($3,000,000).
      (2)   An aggregate limit that is more than twenty-five percent (25%) impaired by either paid and/or reserved claims, must be replenished.
      (3)   Underground digging contracts shall include coverage for underground digging.
      (4)   There shall be automobile liability of one million dollars ($1,000,000) combined single limit.
      (5)   One million dollars ($1,000,000) excess liability or umbrella coverage for each accident arising out of the work to be performed pursuant to the construction permit or the prosecution of the work for which the construction permit is obtained or in any manner arising or growing out of the work necessary or incident to the issuance of the construction permit or that may be occasioned by reason of any work or anything else done pursuant to the construction permit. The insurance coverage shall be on an occurrence coverage basis so that the insurance required by this section shall provide coverage through the end of the period established by the applicable statute of limitations for all items insured; such insurance policy(ies) shall require written notification to the City thirty (30) days prior to any expiration or cancellation.
   (b)   The applicant shall show to the reasonable satisfaction of the City that the applicant has Workers Compensation insurance in effect at all times covering its obligations under the Workers Compensation statute.
      (Ord. 80-03. Passed 10-6-03.)
   919.06 GENERAL INDEMNIFICATION.
   Each permit application shall include, to the extent permitted by law, the Applicants express undertaking to defend, indemnify and hold the City and its elected and appointed officers, officials, employees, volunteers, agents, representatives and subcontractors harmless from and against any and all damages, losses and expenses, including reasonable attorneys fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of or result from the negligent, careless or wrongful acts, omissions, failures to act or misconduct of the Applicant or its Affiliates, officers, employees, agents, contractors or subcontractors in proposed Construction in the Public Right-of- Way, whether such acts or omissions are authorized, allowed or prohibited by this chapter.
(Ord. 133-01. Passed 12-3-01.)
   919.07 CONSTRUCTION AND PERFORMANCE BOND REQUIRED.
   (a)   Prior to the issuance of any Construction Permit, the Applicant shall, to insure compliance with this chapter [unless waived by the City Engineer when determined in writing by the City Engineer that the Construction work being proposed is of a nature that poses little or no risk of damage to the City if not completed] provide the City with one of the following surety Construction and Performance Bonds from a bonding company licensed to do business in Ohio and approved by the Citys Law Director:
      (1)   A Construction and Performance Bond in an amount determined by the City Engineer to cover the cost of completion of the Construction work in, and restoration of, the Public Right-of-Way, which is the subject of the Construction Permit including any costs, expenses, damages or loss the City pays or incurs because of any failure attributable to the Permit Holder to comply with the codes, ordinances, rules, regulations or permits of the City.
      (2)   With the Finance Directors approval, any major utility company may post an ongoing cash or surety Construction and Performance Bond in an amount to be determined by the City Engineer, and subject to periodic increase as reasonably deemed necessary, to adequately cover the Construction work to be performed by the utility and/or any subcontractors in the Public Right-of-Way.
   (b)   Permit Holders shall maintain the full value of the Construction and Performance Bond regardless of claims against the Construction and Performance Bond made by, or paid to, the City; or shall replenish the security fund within fourteen (14) days after written notice from the City that there is a deficiency in the amount of the fund, whichever is applicable.
   (c)   When the Permit Holder has completed all work in the Public Rights-of-Way subject to the Construction Permit, and the City Engineer determines that the Permit Holder has complied with all provisions of this chapter, the Finance Director shall release the Construction and Performance Bond. If the amount of the Construction and Performance Bond was insufficient to reimburse the City for its costs related to the Permit Holders Construction Permit, the Finance Director shall notify the Permit Holder and proceed to collect the amount of the deficiency.
(Ord. 133-01. Passed 12-3-01.)
   919.08 CONSTRUCTION SCHEDULE AND COMPLETION.
   (a)   The Permit Holder shall submit a written construction schedule to the City ten (10) working days before commencing any Construction work in or about the Public Rights-of-Way. The Permit Holder shall further notify the City and the Ohio Utility Protection Service (OUPS) not less than forty-eight (48) hours in advance of any Excavation in the Public Rights-of-Way.
   (b)   The Permit Holder shall promptly complete all Construction activities so as to minimize disruption of the Public Rights-of-Way and other public or private property.
(Ord. 133-01. Passed 12-3-01.)
   919.09 CONSTRUCTION CODES.
   The Permit Holder shall construct, install, repair, operate and maintain its Facilities in the Public Rights-of-Way in accordance with all applicable federal, State and local codes, rules and regulations.
(Ord. 133-01. Passed 12-3-01.)
   919.10 INSPECTION.
   All work performed in the Public Right-of-Way during Construction shall be subject to the inspection by the Inspector. If so ordered by the Inspector, all work that does not comply with the permit, the approved plans and specifications for the work, or the requirements of this chapter, shall immediately cease and shall be immediately corrected and/or removed by the Permit Holder.
(Ord. 133-01. Passed 12-3-01.)
   919.11 PROTECTION OF OPENINGS.
   At all times during Construction, the Permit Holder or other person acting on its behalf shall use suitable barricades, flags, flagmen, lights, flares and other measures as necessary and in accordance with applicable State and local requirements, including the Ohio Department of Transportations Uniform Manual of Traffic Control Devices, for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such Public Rights-of-Way or property. The Inspector may issue any additional orders he or she deems appropriate pursuant to this section, and the Permit Holder shall promptly comply with all such orders. At all times the work shall be done so as to cause the least inconvenience to property owners and the general public.
(Ord. 133-01. Passed 12-3-01.)
   919.12 LEAST DISRUPTIVE TECHNOLOGY.
   All construction work performed in the Public Right-of-Way shall be performed in the manner resulting in the least amount of damage and disruption of the Public Right-of-Way.
   (a)   Underground Facilities.
      (1)   Whenever any existing electric utilities, cable facilities, telecommunications Facilities or other similar Facilities are located underground in the Public Rights-of-Way of the City, the Permit Holder must, when practical, as determined by jointly by the City Engineer, also locate its Facilities underground, Permit Holder utilizing best efforts to do so.
      (2)   Unless otherwise authorized by the Inspector for good cause, Construction of Underground Facilities shall utilize Trenchless Technology, including, but not limited to, horizontal drilling, directional boring, and microtunneling, if technically and/or technologically feasible. In addition, all cable, wire or fiber optic cable facilities to be installed underground shall be installed in conduit, without using direct bury techniques.
   (b)   Overhead Facilities. In the event underground location of its Facilities is not practical, the Permit Holder shall install its Facilities only on existing utility poles. In the event it is not practical to do so, as determined by the City Engineer after consultation with the City Electrical Superintendent, Permit Holder utilizing best efforts to do so, then new utility poles may be erected and used with the Citys permission. Nothing in this provision shall be construed as eliminating any requirement of Permit Holder's to obtain Facility attachment agreements with public or private owners of poles and/or infrastructure and pay any fees associated therewith.
   (c)   Excess Capacity. To reduce Excavation in the Public Right-of-Way, it is the Citys goal to encourage Permit Holders to share occupancy of underground conduit as well as to Construct, whenever possible, excess conduit capacity for occupancy of future Facilities in the Public Right-of-Way. Therefore, if a Permit Holder is Constructing underground conduit in the Public Right-of-Way for its own Facilities, and the City reasonably determines such Construction is in an area in which other Providers would likely construct Facilities in the future, the City may require the Permit Holder to Construct extra conduit capacity in the Public Right-of-Way, provided the Permit Holder shall be reimbursed for the use of the excess capacity by any other Permit Holder that uses the excess capacity. The Permit Holder may charge a reasonable market lease rate for occupancy of the additional conduit space as reimbursement.
   (d)   City Owned Conduit. If the City owns or leases conduit in the path of a Permit Holders proposed Construction of Facilities, and provided it is technologically feasible for the Permit Holders Facilities to occupy the conduit owned or leased by the City, the Permit Holder shall be required to occupy the conduit owned or leased by the City in order to reduce the necessity to Excavate the Public Right-of-Way. The Permit Holder shall pay to the City a reasonable fee for such occupancy. The City and the Permit Holder may agree to amortize the fee through annual payments to the City.
(Ord. 133-01. Passed 12-3-01.)
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