11-12-2003 Council Agenda - Laserfiche WebLink

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(h) It shall be the sole responsibility of the Company to take adequate measures to protect its facilities in the right -of -way from harm or damage. If the Company fails to accurately or timely locate facilities when requested, it has no claim for costs or damages against the City and its authorized contractors or any other party authorized to be in the right -of -way unless such party is solely responsible for the harm or damage by its negligence or intentional conduct. (i) The Company shall notify the City not less than three (3) working days in advance of any construction, repair, location or relocation of facilities which would require any street closure which reduces traffic flow to less than two lanes of moving traffic. Except in the event of an emergency as reasonably determined by the Company, no such closure shall take place without notice and prior authorization from the City. The City shall follow its policies in the grant or denial of such authority, which shall not be unreasonably delayed. In addition, all work performed in the traveled way or which in any way impacts vehicular or pedestrian traffic shall be properly signed, barricaded, and otherwise protected. Such signing shall be in conformance with the latest edition of the Minnesota Manual on Uniform Traffic Control Devices, unless otherwise agreed to by the City. (j) The Company shall participate in the Gopher State One Call utility location program. SECTION 4- EMERGENCY WORK; PERMIT WAIVER In the event of any emergency in which any of the Company's facilities location in, above or under any right -of -way are damaged, or if the Company's construction area is otherwise in such a condition as to immediately endanger the property, life, health or safety of any individual, the Company shall immediately take the proper emergency measures to repair its facilities, to cure or remedy the dangerous conditions for the protection of property, life, health or safety of individuals without first applying for and obtaining a permit as required by this Agreement. However, this shall not relieve the Company from the requirement of notifying the City of the emergency work and obtaining any permits necessary for this purpose upon completion of the repairs. SECTION 5- INDEMNIFY AND HOLD HARMLESS The Company shall indemnify and hold harmless the City, its boards, commissions, officers, employees, agents, and authorized contractors from and against all claims, damages, expense, liability, costs including attorney fees, which may be occasioned by the Company in any manner, solely or in part by the Company's occupancy or use of right -of -way. In the event a claim shall be made or an action shall be instituted against the City growing out of such occupancy or use of the right -of -way by facilities of the Company, then upon notice, by the City to the Company, the H: \KrisP \Public Works \STREETS \ROW AGREEMENT.DOC Page 4 of 7