Subd. 1. Annual registration required. Each person who occupies or uses, or seeks to occupy or use, the right-of-way or place any equipment or facilities in or on the right-of-way, including persons with installation and maintenance responsibilities by lease, sublease or assignment, must register with the city. Such registration shall be made on an application form provided by the City Engineer and shall be accompanied by the registration fee provided in § 1301.02 of this code.
Subd. 2. Registration prior to work. No person may construct, install, repair, remove, relocate, or perform any other work on, or use any facilities or any part thereof, in any right-of-way without first being registered with the city.
Subd. 3. Registration information. The registrant shall provide the following at the time of registration:
a. Registrant's name, address, telephone number, facsimile number, email address and Gopher One-Call registration certificate number if required by state law;
b. Name, address, telephone number, email address and facsimile number of the person responsible for fulfilling the obligations of the registrant;
c. A Certificate of Insurance from a company licensed to do business in the State of Minnesota. Such certificate shall verify that the registrant is insured against claims for personal injury including death, as well as claims for property damage arising out of the following:
(1) Use and occupancy of the right-of-way by the registrant, its officers, agents, employees and permittees, and
(2) Placement and use of equipment or facilities in the right-of-way by the registrant, its officers, agents, employees and permittees, including but not limited to, protection against liability arising from completed operations, damage of underground equipment and collapse of property. Such certificate shall also name the city as an additional insured as to whom the coverage's required herein are in force and applicable and for whom defense will be provided as to all such coverages. Such certificate shall require that the city be notified 30 days prior to cancellation of the policy. Such insurance shall provide coverage in accordance with M.S. § 466.04 and provide minimum coverage in the following amounts, as council may amend from time to time:
(a) General liability:
(i) Public liability, including premises, products and complete operations; bodily injury liability: $1,000,000 each person, $3,000,000 each occurrence and property damage liability: $3,000,000 each occurrence.
(ii) In lieu of above requirements, bodily injury and property damage combined: $3,000,000 single limit.
(b) Comprehensive:
(i) Automobile liability insurance, including owned, non-owned and hired vehicles;
(ii) Bodily injury liability: $1,000,000 each person, $3,000,000 each occurrence and property damage; $3,000,000 each occurrence.
(iii) In lieu of above comprehensive insurance coverage, bodily injury and property damage combined $3,000,000 single limit;
d. 24 hour emergency number;
e. An acknowledgment by the registrant of the indemnification pursuant to Subd. 2 of § 901.25;
f. If the person is a corporation, a copy of the certificate is required to be filed under M.S. § 300.06 as recorded and certified to by the Secretary of State;
g. When applicable, a copy of the person's order granting a certificate of authority from the Minnesota Public Utilities Commission or other authorization or approval from the applicable state or federal agency to lawfully operate, where the person is lawfully required to have such authorization or approval from said commission or other state or federal agency;
h. The registrant shall keep all of the information listed above current at all times by providing to the city information as to changes within 15 days following the date on which the registrant has knowledge of any change; and
i. Such other information the city may require.
Subd. 4. Exceptions. The following are not subject to the requirements of this section:
a. Persons engaged in snow removal activities;
b. Federal, state, county, and city agencies; or
c. Persons acting as agents, contractors or subcontractors for a registrant who has properly registered in accordance with § 901.06 of this chapter.
Subd. 5. Term. Registrations issued pursuant to this section shall expire on December 31 of each calendar year.
Subd. 6. Registrant obligations. All registrants are obligated to:
a. Respond in a timely manner, and in all cases no longer than 30 days, to all requests, inquiries, and correspondence from the city; and
b. Attend any pre-construction, progress meetings upon notification from the city of their required attendance. Failure to attend such meetings shall be considered a default on the registration conditions, and result in the registrant being removed from the city's registration without refund of any fees. Re-registration cannot occur for the remainder of that calendar year.
(Ord. 552, passed - -2018)