A provider shall be subject to and comply with
the additional or supplementary terms and conditions of any generally
applicable rights-of-way ordinances that the City may currently have
in place or adopt in the future pursuant to its police powers.
Each provider shall designate a local person
familiar with the facilities who will act as a local agent for the
provider and will be responsible for satisfying information requirements
of this ordinance as well as the individual use agreement and any
associated GOL. The provider shall present to the City the agent's
name, address, telephone number, fax number and e-mail address. The
agent shall be the person to whom relocation notices and other such
notices shall be sent, and with whom rests the responsibility to facilitate
all necessary communications between the City and the provider. The
provider shall be responsible for all costs incurred by the City due
to the failure to provide such information to the City.
Prior to constructing any new or additional
conduit within the rights-of-way, provider shall make a good-faith
effort to ascertain whether existing or planned conduit exists that
the provider could reasonably utilize to meet its needs and/or whether
a pole attachment to an existing utility pole could be obtained pursuant
to MGL c. 166, § 25A. Upon a determination that no such
conduit or pole space is available, provider shall notify the City
of such fact in writing. Provider shall then provide written notification
of the proposed construction activity to all existing utilities, providers,
and other known service providers, who shall have 30 days from the
receipt of such notification to indicate in writing to the City and
the provider as to whether they desire to jointly undertake the construction
of such conduit or otherwise engage in co-location. Existing utilities
and telecommunications providers, shall have 45 days to respond to
a request for joint construction and/or co-location.
Each provider shall participate in any joint
planning, construction and advance notification of rights-of-way work,
including coordination and consolidation of street cut work as directed
by the City's designated representatives. In addition, providers shall
cooperate with other providers and the City for the best, most efficient,
most aesthetic and least obtrusive use of the rights-of-way, consistent
with safety, the public interest and to minimize traffic and other
disruptions, including street cuts. The City shall monitor the providers'
compliance with such coordination and take steps as necessary pursuant
to its general police power authority. providers shall provide such
reports and other documentation related to such joint planning activities
to the City as reasonably requested by the City.
It is in the public interest as well as that
of all telecommunications providers to attempt to coordinate construction
within the rights-of-way whenever it is reasonably possible. Periodic
reporting by telecommunications providers of anticipated construction
plans will facilitate this objective and shall therefore be submitted
to the City as required herein.
A.
Every provider shall, at the time of its initial application
and no later than June 1 of each succeeding year, file a construction
and major maintenance plan with the City's Clerk's office.
B.
The City shall make available at the date of application,
and on June 1 of every year, the City's current construction and major
maintenance plan.
C.
All such plans shall include the location and estimated
commencement and termination dates of construction/maintenance work
to be undertaken in the coming two years.
D.
By July 1 of each year the City will have available
for public inspection a composite list of all construction/major maintenance
projects of which the City has been informed. All providers are responsible
for keeping themselves informed as to the current status of the list.
E.
Thereafter, by August 1 of each year, a provider may amend any project in its list and provide the City with notification of such changes. providers who coordinate their construction activities and undertake joint activities pursuant to the plan shall be eligible for a credit on their fee payments as set out in § 276-13 above.
A.
The provider shall keep and maintain accurate records
and as-built drawings depicting accurate location of all its facilities
constructed, reconstructed or relocated in the rights-of-way.
B.
Within 10 days of a request by the City, the provider
will provide to the City information concerning the location of such
facilities as may be reasonably requested.
C.
When available to the provider, upon request of the
City, such information will be submitted in an electronic format specified
by the City; provided, however, that nothing herein shall be construed
to require the provider to acquire or modify any existing electronic
mapping system.
D.
Underground facilities shall be differentiated from
overhead facilities.
E.
Such mapping and identification shall be at the sole
cost and expense of the provider.
A.
The provider shall coordinate the placement of facilities
in a manner that minimizes adverse impact on any public improvement,
as reasonably determined by the City. Where placement is not regulated
under the GOL, the facilities shall be placed with adequate clearance
from such public improvements so as not to adversely impact such public
improvement.
B.
All facilities shall be located and laid so as not
to disrupt or interfere with any electric lines, communications cables,
pipes, drains, sewers, irrigation systems, or other structures or
public or private facilities or public improvements already installed.
In addition, the provider shall, in performing work in connection
with its facilities, avoid, so far as may be practicable, disrupting
or interfering with the lawful use of the streets, alleys, sidewalks
or other public lands of the City by any person.
C.
Providers shall not remove, even temporarily, any
trees or shrubs which exist in the rights-of-way work area without
first obtaining the written consent of the City and any designated
Tree Warden. In the event a tree is either accidentally destroyed
by the provider or its contractor, or is authorized to be removed
by the City, the provider shall remove the tree, stump and debris
from the work area and, where requested by the City, replace the tree
with an identical species with a minimum caliper of two inches in
the same location, provided that all such work is coordinated with
the Tree Warden.
D.
Providers who own, control or maintain aerial facilities
are responsible for trimming trees or other vegetation growing in
the rights-of-way to prevent their branches or leaves from touching
or otherwise interfering with the aerial facilities. All such trimming
or pruning shall be at the sole expense of the provider and performed
under the supervision of the City or its designated Tree Warden.
A.
The City hereby adopts and incorporates herein the
street restoration standards and procedures that the Department of
Telecommunications and Energy adopted on August 26, 1999, in D.T.E.
98-22, and changes therein that the Department may adopt from time
to time.
B.
The City shall have the authority to inspect work
in progress, and provider shall correct any deficiencies identified
during said inspections. In addition, provider shall meet the following
requirements:
(1)
The work shall be performed in accordance with plans
on file with the City.
(2)
Provider shall notify the City two days prior to the
start of work. No work shall be authorized or proceed (except emergency
repair work) without said notification.
(3)
Provider shall notify Dig Safe, in accordance with MGL c. 82, § 40, at least 72 hours prior to the start of work for the purpose of identifying the location of underground utilities.
(4)
Provider shall be responsible to contact the City
regarding the field location of any underground traffic control devices
on its project.
(5)
A copy of the provider's work authorization must be
on the job site at all times for inspection (except for emergency
repair work). Failure to have the authorization available could result
in suspension of the rights granted by the City.
(6)
Work, day, and time constraints shall be conditions
of the work authorization.
(7)
If it becomes necessary to open the roadway surface
in a larger area than specified in the work authorization, provider
shall apply for an additional authorization to cover the project.
(8)
Provider shall notify the City within 14 days after
completion of the physical work.
A.
The provider shall promptly remove, relocate or adjust
any facilities located in the rights-of-way as directed by the City
for a public improvement or when reasonably required by the City by
reason of public safety. Such removal, relocation, or adjustment shall
be performed by the provider at the provider's sole cost and expense
without cost or expense to the City, its employees, agents, or authorized
contractors and shall be specifically subject to rules, regulations
and schedules of the City pertaining to such. The provider shall proceed
with relocations with due diligence upon notice by the City to begin
relocation. The provider shall respond with any conflicts and a proposed
construction schedule within 30 days of receipt of any such notice
from the City.
B.
Following notice by the City in the form of the delivery
of final design plans for such public improvements, the provider shall
remove and relocate its facilities in accordance with the mutually
agreed-upon schedule, provided the project is not delayed by adverse
weather conditions or other factors beyond the control of the provider.
The provider shall certify to the City, in writing, that its facilities
have been relocated or adjusted to clear construction in accordance
with project plans provided by the City.
C.
Any damages suffered by the City, its agents or its
contractors to the extent caused by providers' failure to timely relocate
or adjust its facilities, or failure to properly relocate or adjust
such facilities, shall be borne by the provider at its sole cost and
expense.
D.
It is the intent of this section for both the City
and the provider to cooperate with one another so that the need for
facility relocation is minimized.
A.
Every provider shall file with the City evidence of
liability insurance with an insurance company licensed to do business
in Massachusetts. The amount will be not less than $1,000,000 per
occurrence and $2,000,000 in aggregate. The insurance will protect
the City from and against all claims by any person whatsoever for
loss or damage from personal injury, bodily injury, death, or property
damage to the extent caused or alleged to have been caused by the
negligent acts or omissions of the provider. If the provider is self-insured,
it shall provide the City proof of compliance regarding its ability
to self-insure and proof of its ability to provide coverage in the
above amounts.
B.
Every provider shall at all times during the term
of the use agreement, and for two years thereafter, maintain a performance
and maintenance bond in a form approved by the City Attorney. The
amount of the bond will be based upon the reasonable estimated value
of the restoration. An annual bond in an amount of____($___) automatically
renewed yearly during this period shall satisfy the requirement of
this section. Within 30 days of the City drawing down upon such bond,
the provider shall replenish the bond to its original face amount.
The City shall be provided a certificate on an annual basis confirming
the bond. In the event the City shall exercise its right to revoke
a use agreement or associated GOL, then the City shall be entitled
to recover under the terms of said bond the full amount of any loss
occasioned.
C.
A copy of the liability insurance certificate and
performance and maintenance bond must be on file with the City Clerk.
D.
No performance and maintenance bond or liability insurance
will be required of any governmental entity.
E.
During the term of any agreement, all such insurance
and bonds required by the above provisions shall be maintained at
the provider's sole expense.
