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§ 115.126 GRANTEE INSURANCE.
   Unless otherwise provided in a license or franchise agreement, each grantee shall, as a condition of the grant, secure and maintain the following liability insurance policies insuring both the grantee and the village, and its elected and appointed officers, officials, agents and employees as coinsureds:
   (A)   Comprehensive general liability insurance with limits not less than:
      (1)   $5,000,000 for bodily injury or death to each person;
      (2)   $5,000,000 for property damage resulting from any one accident; and,
      (3)   $5,000,000 for all other types of liability.
   (B)   Automobile liability for owned, nonowned and hired vehicles with a limit of $3,000,000 for each person and $3,000,000 for each accident.
   (C)   Worker's compensation within statutory limits and employer's liability insurance with limits of not less than $1,000,000.
   (D)   Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than $3,000,000.
   (E)   The liability insurance policies required by this section shall be maintained by the grantee throughout the term of the telecommunications license or franchise, and such other period of time during which the grantee is operating without a franchise or license hereunder, or is engaged in the removal of its telecommunications facilities. Each such insurance policy shall contain the following endorsement:
      “It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until 90 days after receipt by the Village, by registered mail, of a written notice addressed to the Village Administrator of such intent to cancel or not to renew.”
   (F)   Within 60 days after receipt by the village of said notice, and in no event later than 30 days prior to said cancellation, the grantee shall obtain and furnish to the village replacement insurance policies meeting the requirements of this section.
(Ord. 96-15, passed 4-3-96) Penalty, see § 115.999
§ 115.127 GENERAL INDEMNIFICATION.
   Each license or franchise agreement shall include, to the extent permitted by law, grantee's express undertaking to defend, indemnity and hold the village and its officers, employees, agents and representatives harmless from and against any and all damages, losses and expenses, including reasonable attorney's 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 grantee or its affiliates, officers, employees, agents, contractors or subcontractors in the construction, operation, maintenance, repair or removal of its telecommunications facilities, and in providing or offering telecommunications services over the facilities or network, whether such acts or omissions are authorized, allowed or prohibited by this chapter or by a grant agreement made or entered into pursuant to this chapter.
(Ord. 96-15, passed 4-3-96) Penalty, see § 115.999
§ 115.128 PERFORMANCE AND CONSTRUCTION SURETY.
   Before a license or franchise granted pursuant to this chapter is effective, and as necessary thereafter, the grantee shall provide and deposit such monies, bonds, letters of credit or other instruments in form and substance acceptable to the village as may be required by this chapter or by an applicable license or franchise agreement.
(Ord. 96-15, passed 4-3-96) Penalty, see § 115.999
§ 115.129 SECURITY FUND.
   Each grantee shall establish a permanent security fund with the village by depositing the amount of $50,000 with the village in cash, an unconditional letter of credit, or other instrument acceptable to the village, which fund shall be maintained at the sole expense of grantee so long as any of grantee's telecommunications facilities are located within the public ways of the village.
   (A)   The fund shall serve as security for the full and complete performance of this chapter, including any costs, expenses, damages or loss the village pays or incurs because of any failure attributable to the grantee to comply with the codes, ordinances, rule, regulations or permits of the village.
   (B)   Before any sums are withdrawn from the security fund, the village shall give written notice to the grantee:
      (1)   Describing the act, default or failure to be remedied, or the damages, cost or expenses which the village has incurred by reason of grantee's act or default;
      (2)   Providing a reasonable opportunity for grantee to first remedy the existing or ongoing default or failure, if applicable;
      (3)   Providing a reasonable opportunity for grantee to pay any monies due the village before the village withdraws the amount thereof from the security fund, if applicable;
      (4)   That the grantee will be given an opportunity to review the act, default or failure described in the notice with the Village Administrator or his designee.
   (C)   Grantees shall replenish the security fund within 14 days after written notice from the village that there is a deficiency in the amount of the fund.
(Ord. 96-15, passed 4-3-96) Penalty, see § 115.999
§ 115.130 CONSTRUCTION AND COMPLETION BOND.
   Unless otherwise provided in a license or franchise agreement, a performance bond written by a corporate surety acceptable to the village equal to at least 100% of the estimated cost of constructing grantee's telecommunications facilities within the public ways of the village shall be deposited before construction is commenced.
   (A)   The construction bond shall remain in force until 60 days after substantial completion of the work, as determined by the Village Engineer, including restoration of public ways and other property affected by the construction.
   (B)   The construction bond shall guarantee, to the satisfaction of the village:
      (1)   Timely completion of construction;
      (2)   Construction in compliance with applicable plans, permits, technical codes and standards;
      (3)   Proper location of the facilities as specified by the village;
      (4)   Restoration of the public ways and other property affected by the construction;
      (5)   The submission of “as-built” drawings after completion of the work as required by this chapter.
      (6)   Timely payment and satisfaction of all claims, demands or liens for labor, material or services provided in connection with the work.
(Ord. 96-15, passed 4-3-96) Penalty, see § 115.999
§ 115.131 COORDINATION OF CONSTRUCTION ACTIVITIES.
   All grantees are required to cooperate with the village and with each other.
   (A)   By February 1 of each year, grantees shall provide the village with a schedule of their proposed construction activities in, around or that may affect the public ways.
   (B)   Each grantee shall meet with the village, other grantees and users of the public ways annually or as determined by the village to schedule and coordinate construction in the public ways.
   (C)   All construction locations, activities and schedules shall be coordinated, as ordered by the Village Engineer, to minimize public inconvenience, disruption or damages.
(Ord. 96-15, passed 4-3-96) Penalty, see § 115.999
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