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(a) Application Preparation and Submittal. Applicant shall initially submit an application review that shall set forth each item and calculation required by this Chapter. Applicant must review the provisions of this Chapter and prepare an Application Package that is responsive to each item and requirement herein. An application checklist is available at the office of the Service Director which is intended as a guide but may not be complete for unique circumstances. Questions regarding the sufficiency of the information proposed to be included on the application should be directed to the Service Director prior to submitting the application. Similarly, inquiries to the Service Director regarding the most recent plans for road improvement by the City or work in the rights of way proposed by other persons are encouraged. No application shall be formally reviewed by the Service Director without submittal of the initial Application Fee.
(b) Application Review.
(1) Service Director shall commence a formal application only after it is determined that all required items are included in the Application Package. Applicant shall be notified in writing within 15 working/business days whether the Application Package is complete and a formal review has commenced, or whether the Application Package is deficient in some manner. If deficient, the Applicant shall arrange a meeting with the Service Director in order to remedy the deficiency.
(2) Service Director shall complete a formal review of the Application Package within 20 working/business days after Service Director has determined that Application Package is complete and has mailed a notice to the Applicant that a formal review shall commence.
(3) Service Director shall consult with such persons as he/she deems appropriate during the course of the Formal Review. If additional or different information is determined to be necessary, the 20 days of the formal review shall be extended by the period of time from the Service Director’s request for the additional information until it is received by the Service Director from the Applicant.
(c) Preliminary Permit or Denial. Upon completion of the Formal Review, the Service Director may issue a Preliminary Permit, a Preliminary Permit with Conditions, or a Denial of the Permit.
(1) Preliminary Permit is issued if the application is approved subject to receipt of a written acceptance and acknowledge and payment of fees determined to be appropriate by the Service Director. No work may commence, however until a Final Permit is issued pursuant to subsection (d) below.
(2) Preliminary Permit with Conditions is the same as a Tentative Permit but the Service Director has imposed additional conditions or requirements not set forth in the original application.
(3) Denial of Permit shall be issued if the right-of-way has reached capacity within the area in which the Applicant proposes to perform work or if the application is not sufficient and has not been amended, as if Applicant has failed to correct deficiencies arising from prior work. This includes a denial because Applicant has not demonstrated sufficient willingness to cooperate with and share the right-of-way and improvements therein with other users, present and future.
(d) Final Permit. No Applicant may proceed with any work in a right-of-way until a Final Permit is issued Issuance of a Final Permit may only be issued after receipt of the following by the Service Director.
(1) Applicant’s acceptance of the terms of the Preliminary Permit (with or without conditions) and an acknowledgment that it accepts and shall abide by all the applicable terms and conditions set forth in this Chapter, and the specifications, locations and details set forth in the application and any conditions imposed by the Service Director, and;
(2) Payment of Fees due as calculated by the Service Director from the Fee Schedule.
(3) Proof of Insurance, Indemnification and Workers Compensation as set forth in Section 919.08
(4) Evidence of Performance and maintenance security required by Section 919.09.
(Ord. 14-2002. Passed 1-8-02.)
(Ord. 14-2002. Passed 1-8-02.)
(a) Before a Final Permit is issued pursuant to this section, the applicant shall pay to the City a Permit fee, which shall be determined in accordance with the fee schedule attached. Fees are reasonably related to the costs inherent in managing the public rights of way. As used in this chapter, these costs include, but are not necessarily limited to, the costs of permitting rights of way occupants, verifying rights of way occupation, mapping rights of way occupations, inspecting job sites and rights of way restorations, administering this chapter, fees for the disruption of traffic flow and costs relating to the degradation of the rights of way, i.e., the cost to achieve the acceptable level of restoration as determined by the City.
(b) If multiple Applicants coordinate work in the Rights-of-Way and thereby reduce degradation and disruption, Service Director shall reduce those portions of the fees proportionately. The degradation cost portion of the Permit fee shall be further reduced in cases where the applicant demonstrates to the satisfaction of the Service Director that the excavation to be made will be commenced and completed during the twenty-four (24) month period immediately prior to the scheduled repaving or resurfacing of a street, as indicated in the most recent ordinance as passed by Council.
(c) Any Permit for temporary use or occupation of the public rights-of-way, where there is no excavation involved, shall not require payment of a degradation fee as part of the Permit fee.
(d) That portion of any Permit fee relating to degradation costs shall be segregated by the City into an account to cover general street maintenance and construction.
(Ord. 14-2002. Passed 1-8-02.)
(a) To the fullest extend permitted by law, all Permittees shall, at their sole cost and expense, fully indemnify, defend and hold harmless the City, its officers, public officials, boards and commissions, agents, and employees from and against any and all lawsuits, claims (including without limitation worker’s compensation claims against the City or others), causes of actions, actions, liability, and judgments for injury or damages (including but not limited to expenses for reasonable legal fees and disbursements assumed by the City in connection therewith):
(1) To persons or property, in any way arising out of our through the acts or omissions of Permittee, its subcontractors, agents or employees attributable to the occupation by the Permittee of the Right-of-Way, to which Permittee’s negligence shall in any way contribute, and regardless of whether the City’s negligence or the negligence of any other party shall have contributed to such claim, cause of action, judgment, injury or damage.
(2) Arising out of any claim for invasion of the right of privacy, for defamation of any person, firm or corporation, or the violation or infringement of any copyright, trademark, trade name, service mark or patent or any other right of any person, firm and corporation by the Permittee, but excluding claims arising out of or related to City programing.
(3) Arising out of Permittee’s failure to comply with the provisions of any federal, state, or local statutes, ordinances or regulations applicable to Permittee in its business hereunder.
(b) The foregoing indemnification is conditioned upon the City.
(1) Giving Permittee prompt notice of any claim or the commencement of any action, suit or proceeding for which indemnification is sought.
(2) Affording the Permittee the opportunity to participate in and fully control any compromise, settlement, or other resolution or disposition of any claim or proceeding subject to indemnification; and
(3) Fully cooperating in the defense of such claim and making available to the Permittee all pertinent information under the City’s control.
(c) The City shall have the right to employ separate counsel in any such action or proceeding and to participate in the investigation and defense thereof and the Permittee shall pay the reasonable fees and expense of such separate counsel if employed with the approval and consent of the Permittee or if representation of both Permittee and the City by the same attorney would be inconsistent with accepted canons of professional ethics.
(d) Each Permittee shall maintain insurance coverages (or self-insurance coverage by Permittees having capitalization in excess of fifty million dollars, as determined by the Director) in accordance with the following:
(1) General Liability Insurance. The Permittee shall maintain, and by its acceptance of any franchise granted hereunder specifically agrees that it will maintain throughout the term of the Permit, general liability insurance insuring the Franchise in the minimum of:
A. $1,000,000 per occurrence;
B. $2,000,000 annual aggregate;
C. $1,000,000 excess general liability per occurrence and annual aggregate.
Such general liability insurance must be written on comprehensive coverage form, including the following: premises/operations, explosion and collapse hazard, underground hazard, products/completed operations hazard, contractual insurance, broad form property damage, and personal injury.
(2) Automobile Liability Insurance. The Permittee shall maintain, and by its acceptance of any Permit granted hereunder specifically agrees that it will maintain throughout the term of the Permit, automobile liability insurance for owned, non-owned, or rented vehicles in the minimum amount of:
A. $1,000,000 per occurrence; and
B. $1,000,000 excess automobile liability per occurrence.
(3) Worker’s Compensation and Employer’s Liability Insurance. The Franchisee shall maintain and by its acceptance of any Franchise granted hereunder specifically agrees that it will maintain throughout he term of the Franchise, Worker’s Compensation and employer’s liability, valid in the State of Ohio, in the minimum amount of:
A. Statutory limit for Worker’s Compensation;
B. $1,000,000 for employer’s liability per occurrence; and
C. $1,000,000 excess employer liability.
(Ord. 14-2002. Passed 1-8-02.)
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