Step 1 of 2 - Terms and Conditions

CITY OF MIDDLETOWN
ENGINEERING DIVISION

CERTIFICATE OF REGISTRATION FOR FACILITIES IN RIGHT-OF-WAY

CERTIFICATE OF INSURANCE REQUIREMENTS (1034.08 (b) 3)

A certificate of insurance provided to meet the requirements of this Section shall:
	a. Verify that an insurance policy has been issued to the Applicant by an insurance company licensed to do business in the State of Ohio;
	b. Verify that the Applicant is insured on an occurrence basis against claims for personal injury, including death, as well as claims for property damage arising out of the: use and occupancy of the Rights of Way by the Applicant, its officers, agents, employees and contractors; and placement and use of Facilities in the Rights of Way by the Applicant, its officers, agents, employees and contractors, including, but not limited to, protection against liability arising from any and all operations, damage of Underground Facilities, explosion, environmental release, and collapse of property;
	c. Name the City, its elected officials, officers, employees, agents and volunteers as additional insureds as to whom the comprehensive general liability and completed operation and products liability insurance required herein are in force and applicable and for whom defense will be provided as to all such coverages;
	d. Require that the City be notified thirty (30) days in advance of cancellation of, or coverage changes in, the policy. The liability insurance policies required by this Section shall contain the following endorsement: “It is hereby understood and agreed that this policy may not be diminished in value, be canceled, nor the intention not to renew be stated, until thirty (30) days after receipt by the City, by registered mail, return receipt requested, of a written notice addressed to the City Manager or her/his designee of such intent to cancel, diminish, or not to renew.” Within thirty (30) days after receipt by the City of said notice, and in no event later than five (5) days prior to said cancellation, the Provider (or Applicant) shall obtain and provide to the City Manager a certificate of insurance evidencing appropriate replacement insurance policies.
	e. Satisfy the requirements for comprehensive liability coverage, automobile liability coverage, and umbrella coverage as follows:

	Comprehensive General Liability Insurance:
		Bodily Injury
		Each Occurrence: One Million Dollars ($1,000,000)
		Annual Aggregate: Two Million Dollars ($2,000,000)
		Property Damage:
		Each Occurrence: One Million Dollars ($1,000,000)
		Annual Aggregate: Two Million Dollars ($2,000,000)
		Property damage liability insurance shall include coverage for the following hazards: E-Explosion, C-Collapse, U-Underground
		Personal Injury:
		Annual Aggregate: Two Million Dollars ($2,000,000)

	Comprehensive Auto Liability Insurance:
		Bodily Injury
		Each Occurrence: One Million Dollars ($1,000,000)
		Annual Aggregate: Two Million Dollars ($2,000,000)

		Property Damage:
		Each Occurrence: One Million Dollars ($1,000,000)
		Annual Aggregate: Two Million Dollars ($2,000,000)
CITY OF MIDDLETOWN
ENGINEERING DIVISION

CERTIFICATE OF REGISTRATION FOR FACILITIES IN RIGHT-OF-WAY

SELF INSURANCE (1034.08 (b) 7):

Those Applicants maintaining at all times a book value in excess of Twenty Million Dollars ($20,000,000) may submit a statement requesting to self-insure. If approval to self-insure is granted, Applicant shall assure the City that such self-insurance shall provide the City with no less than would have been afforded to the City by a third party insurer providing Applicant with the types and amounts of coverage detailed in this Section. This statement shall include:
	a. Audited financial statements for the previous year; and
	b. A description of the Applicant’s self-insurance program.
	c. A Listing of any and all actions against or claims made against Applicant for amounts over One Million Dollars ($1,000,000) or proof of available excess umbrella liability coverage to satisfy all total current claim amounts above Twenty Million Dollars ($20,000,000

City’s examination of, or failure to request or demand, any evidence of insurance in accordance with this Chapter, shall not constitute a waiver of any requirement of this Section and the existence of any insurance shall not limit Applicant’s obligations under this Chapter.

DOCUMENTATION OF WORKER'S COMPENSATION INSURANCE (1034.08 (b) 9)

Documentation that Applicant or Provider maintains standard worker’s compensation insurance as required by Law. Similarly, Provider shall require any subcontractor to provide worker’s compensation insurance in amounts required by Law for all of the subcontractor’s employees.

COPY OF CERTIFICATION OF INCORPORATION (1034.08 (b) 10)

If the Person is a corporation, a copy of the certificate of incorporation (or its legal equivalent), as recorded and certified to by the secretary of state (or legal equivalent) in the state or country in which incorporated.

COPY OF THE CERTIFICATE OF AUTHORITY FROM PUCO/FCC (1034.08 (b) 11)

A copy of the Person’s certificate of authority (or other acceptable evidence of authority to operate) from the PUCO and/or the FCC and any other approvals, permits, or agreements as set out in Section 1034.07.

Upon request of the City, a narrative (or if applicable PUCO/FCC application information) describing applicant’s proposed activities in the City including Credible information detailing Applicant’s financial, managerial, and technical ability to fulfill Applicant’s obligations under this chapter and carry on Applicant’s proposed activities.

BOND INFORMATION (1034.08 (d))

Upon the approval of the Certificate of Registration, the Applicant, in order to ensure the full and complete compliance with, and performance under, this Chapter, including any costs, expenses, damages or loss the City pays or incurs because of any failure attributable to the Provider to comply with the codes, ordinances, rules, regulations or permits of the City, shall, in the amount of Twenty Thousand Dollars ($20,000.00) (i) establish a permanent security fund with the City by depositing the required amount in cash, (ii) provide an unconditional letter of credit, or other instrument acceptable to the City, or (iii) furnish and file with the City a performance bond in the required amount from a company licensed to do business in the State of Ohio, which such performance bond, security fund, letter of credit or other instrument shall be maintained at the sole expense of the Provider so long as the Provider has Facilities located in the Right-of-Way.
CITY OF MIDDLETOWN
ENGINEERING DIVISION

CERTIFICATE OF REGISTRATION FOR FACILITIES IN RIGHT-OF-WAY

CONSTRUCTION PLAN (1034.09 (a))

At the time of initial Application and by January 1^st of each following year, each Provider shall file a Construction Plan with the City Engineer. Such Construction Plan shall be provided for all geographical areas requested by the City Engineer up to and including the entire geographical area of the City. It shall be submitted using a format(s) mutually agreeable to the Provider and the City shall contain the information determined by the City Engineer to be necessary to facilitate the coordination and reduction in the frequency of Construction in the Rights of Way. The Construction or maintenance Plan shall include, using the Provider’s best efforts, but not be limited to, all currently scheduled and/or anticipated Construction or maintenance for the next calendar year; if none are scheduled or anticipated then the Plan should so state.

MAPPING DATA (1034.09 (b))