City of Ramsey, MN

Marsha Weidner

Step 1 of 2 - Terms and Conditions

In carrying out any and all work within the City of Ramsey Right-of-Ways, City Property or Easements, I, as well as the company I may represent, accept the regulation and indemnification requirements of the City of Ramsey and agree to fully comply therewith to the satisfaction of the City.  I declare that I, as well as the company I may represent, will comply with all relevant City Ordinances and all Right-of-Way Regulations.

4.10.04 Registration, Bonding and Right-of-way Occupancy

Subd. 1. Each person which occupies, uses, or seeks to occupy or use, the right-of-way or any equipment located in the right-of-way, including by lease, sublease or assignment, or who has, or seeks to have, equipment located in any right-of-way, must register with the City. Registration will consist of providing application information to and as required by the City, paying a registration fee, and posting a performance and restoration bond.

The performance and restoration bond required in this Section, and in Sections 4.10.10, Subd. 2; 4.10.13, Subd. 2 (b), and Section 4.10.32, Subd. 1 (b) (3) shall be in an amount determined in the City's sole discretion, sufficient to serve as security for the full and complete performance of the obligations under this Section, including any costs, expenses, damages, or loss the City pays or incurs because of any failure to comply with this Section or any other applicable laws, regulations or standards, during periods of construction, repair or restoration of right-of-ways or equipment in right-of-ways, the performance and restoration bond shall be in an amount sufficient to cover 150% of the estimated cost of such work, as documented by the person proposing to perform such work, or in such lesser amounts as may be determined by the City, taking into account the amount of equipment in the right-of-way, the location and method of installation of the equipment, the conflict or interference of such equipment with the equipment of other persons, and the purposes and policies of this Section. Sixty (60) days after completion of the work, the performance and restoration bond may be reduced in the sole determination of the City.

Subd. 2. No person may construct, install, repair, remove, relocate, or perform any other work on, or use any equipment or any part thereof located in any right-of-way without first being registered with the City.

Subd. 3. Nothing herein shall be construed to repeal or amend the provisions of a City ordinance permitting persons to plant or maintain boulevard plantings or gardens in the area of right-of-way between their property and the street curb. Persons planting or maintaining boulevard plantings or gardens shall not be deemed to use or occupy the right-of-way, and shall not be required to obtain any permits or satisfy any other requirements for planting or maintaining such boulevard plantings or gardens under this Section. However, excavations deeper than twelve (12) inches are subject to the permit requirement of Section 4.10.09 of this Section.

4.10.05 Right to Occupy Right-of-ways; Payment and Fees

Subd. 1. Any person required to register under Section 4.10.04, which occupies, uses, or places its equipment in the right-of-way, is hereby granted a right to do so if and only so long as it:

a. Timely pays all fees as provided herein; and

b. Complies with all other requirements of law.

Subd. 2. The grant of right in Section 4.10.05  Subd. 1 is expressly conditioned on, and is subject to, the police powers of the City, continuing compliance with all provisions of law now or hereinafter enacted, including this Section as it may be from time to time amended and, further, is specifically subject to the obligation to obtain any and all additional required authorizations, whether from the City or other body or authority.

4.10.06 Franchise; Franchise Supremacy. The City may, in addition to the requirements of this Section, require any person who has or seeks to have equipment located in the right-of-way to obtain a franchise to the full extent permitted by law, now or hereinafter enacted. The terms of any franchise which are in direct conflict with any provision of this Section, whether granted prior or subsequent to enactment to this Section, shall control and supersede the conflicting terms of this Section provided, however, that requirements relating to insurance, bonds, penalties, security funds, letters of credit, indemnification or any other security in favor of the City may be cumulative in the sole determination of the City or unless otherwise negotiated by the City and the franchise grantee. All other terms of this Section shall be fully applicable to all persons whether franchised or not.

4.10.07 Registration Information

Subd. 1. The information provided to the City at the time of registrationshall include, but not be limited to:

a. The registrant's name, Gopher State One-Call registration certificate number, address and e-mail address, if applicable, and telephone and facsimile number.

b. The name, address and e-mail address, if applicable, and telephone and facsimile numbers of a local representative(s). The local representative or designee shall be available at all times. Current information regarding how to contact the local representative in an emergency shall be provided at the time of registration and shall be updated within five (5) business days as changes occur.

c. A certificate of insurance or self-insurance:

1. Shall be on a form approved by the City,

2. Shall verify that an insurance policy has been issued to the registrant by an insurance company licensed to do business in the State of Minnesota; or is covered by self-insurance which the City determines to provide the City with protection equivalent to that of a Minnesota licensed insurance company, legally independent from registrant,

3. 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:

(a) Use and occupancy of the right-of-way by the registrant, its officers, agent employees and permittees; and

(b) Placement and use of equipment of 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,

4. Shall name 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 such coverages,

5. Shall require that the City be notified thirty (30) days in advance of cancellation of this policy, and,

6. Shall indicate comprehensive liability coverage, automobile liability coverage, workers compensation and umbrella coverage in amounts established by the City of the office of risk and employee benefit management in amounts sufficient to protect the City and carry out the purposes and policies of this Section.

d. If the registrant is a corporation, a copy of the certificate required to be filed under Minn. Stat. §300.06 (1996) as recorded and certified to by the Secretary of State.

e. A copy of the registrant's certificate of authority from the Minnesota Public Utilities Commission, where the registrant is lawfully required to have such certificate from said Commission.

f. Such other information as the City may require.

Subd. 2. The registrant shall keep all of the information listed above current at all times by providing to the City information of changes within fifteen (15) days unless otherwise indicated following the date on which the registrant has knowledge of any change.

4.10.08 Reporting Obligations

Subd. 1. Operations. Each registrant shall, at the time of registration andby December 1 of each year, file a construction and major maintenance plan with the City. Registrants must use commercially reasonable efforts to anticipate and plan for all upcoming projects and include all such projects in a construction or major maintenance plan. Such plan shall be submitted using a format designated by the City and shall be submitted using a format determined by the City to be necessary to facilitate the coordination and reduction in the frequency of excavations and obstructions of right-of-ways.

The plan shall include, but not be limited to, the following information:

1. The specific locations and the estimated beginning and ending dates of all maintenance and service area expansion projects to be commenced during the next calendar year (in this Section, a "Next-year Project"). Service area expansions that are a direct result of City growth and statutorily required service provision would not be included in the next year plans, but would be included as plats are received and approved by the City; and

2. The tentative locations and beginning and ending dates of all maintenance and service area expansion projects contemplated for the five years following the next calendar year (in this Section, a "Five-year Project"). The service area expansions that are a direct result of City growth and service is statutorily required would not be included in the five year plans, but would be included as plats are received and approved by the City.

The term "Project" in this Section shall include both Next-year Projects and Five-year Projects. However, the addition of new services, by either by new construction or customer development, in areas already served by the registrant, shall not be considered a Project. These additions shall follow all requirements pertaining to excavation and right-of-way permits as outlined in this section.

By January 1 of each year the City will have available for inspection in it offices a composite list of all projects of which it has been informed in the annual plans. All registrants are responsible for keeping themselves apprised of the current status of this list.

Thereafter, by February 1, each registrant may change any project in its list of Next-year Projects, and must notify the City and all other registrants of all such changes in said list. Notwithstanding the foregoing, a registrant may at any time join in a Next-year Project of another registrant that was listed by the other registrant. The City shall provide a list of all Registrants and their contact information to all registrants prior to the February 1 deadline upon request.

Subd. 2. Additional Next-year Projects. Notwithstanding the foregoing, the City may, for good cause shown, allow a registrant to submit additional Next-year Projects. Good cause includes, but is not limited to, the criteria set forth in Section 4.10.17, Subd. 3 concerning the discretionary issuance of permits.

4.10.09 Permit Requirement. Except as otherwise provided in this code, no person may obstruct or excavate the right-of-way without first having obtained the appropriate right-of-way permit from the City to do so. Routine maintenance, as defined in this section, shall be specifically exempt from the requirements of obtaining a permit for work in the right-of-way.

Subd. 1. Excavation Permit. An Excavation Permit is required to allow the holder to excavate that part if the right-of-way described in such permit and/or to hinder free and open passage over the specified portion of the right-of-way by placing equipment described therein, to the extent and for the duration specified therein.

Subd. 2. Obstruction Permit. An obstruction permit is required to allow the holder to hinder free and open passage over the specified portion of right-of-way by placing equipment, vehicles, or other obstructions described therein on the right-of-way for the duration specified therein.

No Person may excavate or obstruct the right-of-way beyond the date or dates specified in the permit unless such person:

a. Makes a supplementary application for another right-of-way permit before the expiration of the initial permit; and

b. A new permit or permit extension is granted.

Permits issued under this Section shall be conspicuously displayed at all times at the indicated work site and shall be available for inspection by the City Inspector and authorized City personnel.