Right-of-Way Management Program Permit Fees and Regulations

Transcription

1 Right-of-Way Management Program Permit Fees and Regulations Contractor s doing work in the City Right of Way will be required to apply for and obtain an Excavation Permit or an Obstruction Permit, depending on the type of work to be performed. The implementing regulations approved by City Council on January 6, 2003, stipulate the conditions under which a contractor or ROW user is required to obtain a ROW permit. A copy of the implementing regulations and the schedule of ROW permit fees are attached for your reference and use. To be eligible to obtain a ROW permit and do work in the City street ROW, a contractor must meet the following requirements: 1. If performing excavation work, provide a performance and maintenance bond in the amount estimated using the attached ROW Restoration Cost Schedule, or provide a blanket bond for the appropriate amount to cover aggregate projects; 2. Provide a certificate of insurance evidencing coverage in accordance with the attached Schedule of Required Insurance Coverages; and 3. Pay all outstanding amounts due, if any, for previous ROW permits, follow up inspection(s), and/or administrative penalties. In addition to the above requirements, the facility owner for whom the contractor is working must meet the following requirements: 1. The owner of the facility must have a valid ROW license, lease, or franchise from the City of Des Moines, and 2. The owner of the facility must have paid its annual ROW management fee(s) for the past and current fiscal years.

2 Chapter 102 ENGINEERING DEPARTMENT ROW Management Program Page 1 of 2 ROW MANAGEMENT PROGRAM SCHEDULE OF FEES Description of Service/Permit Fee Basis Effective Date Excavation Permits (a) Excavation Permit Fee* minimum (a) City cost component per permit Disruptive cost component (Per square foot of the actual area obstructed and type of street. Street closure means the actual obstruction of the whole street block.) Inspection cost component ** (per square foot of excavated area. Minimum 100 square feet per permit. Inspection fee is waived if inspection and /or restoration are done by city Public Works Department.) GIS mapping cost component*** (per lineal foot of installation) 0.10 Follow-up inspections to determine correction of a violation of a regulation, specification or permit condition ** Principal Arterial Minor Arterial Collector Residential Border area per hour of inspector time Obstruction Permits (b) Obstruction Permit Fee* minimum City cost component per permit (b) Disruptive cost component (Per square foot of the actual area obstructed and type of street. Street closure means the actual obstruction of the whole street block.) Principal Arterial Minor Arterial Collector Residential Border area Description of Service/Permit Fee Basis Effective Date Inspection cost component 0.00 GIS mapping cost component *** Follow-up inspections to determine correction of a violation of a regulation, specification or permit condition ** per hour of inspector time

3 Chapter 102 ENGINEERING DEPARTMENT ROW Management Program Page 2 of 2 Plan Review Fee (c) Plan Review Fee plus License Fee for use of City ROW Fee for initial issuance of license $ Fee for renewal of license $ Fee for amendment of license by addendum $ (c) License fee - fee for use of ROW (applies to all ROWs in all areas of the City) per permit (min. chg. for up to 1,000 lineal ft of equipment) per lineal ft of equipment over first 1,000 lineal ft.10 per lineal ft equip * Note regarding permit extensions: All excavation and / or obstruction work shall be completed within the initial permit work period, or any other extension period granted in the permit, from the start of work. The initial permit work period is five (5) consecutive working days where right-of-way restoration is done by the City s Public Works Department; or ten (10) consecutive working days for each 1000 lineal feet of equipment, or parts thereof, where right-of-way restoration is done by the permittee. For purposes of this provision, working days will be charged in accordance with the Urban Standard Specifications for Public Improvements, Division 1, Section 1030, paragraph 1.05 B. Permit extension is required if work is not completed within the permitted period. The permit extension fee will include the city cost component and the disruptive cost component for each additional five (5) consecutive working day extension and will be calculated as shown above. If the permit is issued with additional extension, the disruptive cost component will be charged for each ten (10) consecutive working day extension. ** Note regarding calculation of the Inspection Cost Component: Pursuant to (e) of the City Code, the base inspection cost component for excavation and obstruction permits is hereinabove expressed as a per square foot fee for the area to be excavated or obstructed, or impacted by excavation or obstruction. The fees for follow-up inspections, conducted after a permittee is informed of a violation of a specification or regulation in order to obtain compliance therewith, shall be at the hourly rate of $50.00, which is based on the salary, benefit, and overhead costs to the city of the inspectors providing follow-up inspection services. Follow-up inspection services shall be charged to permittees on the basis of the number of hours of inspector time spent providing follow-up inspection services with respect to work performed in connection with each permit, multiplied by the applicable hourly rates on the schedule. The city engineer may waive the follow-up inspection fee on the initial follow-up inspection in the event a dispute over the occurrence of a violation is resolved in favor of the permittee, or for other good cause shown. *** Note regarding calculation of GIS Cost Component: The GIS cost component will only be applied to permits involving the placement of new equipment, the relocation of existing equipment, or a change of use or ownership of equipment requiring entry of data or notation into the GIS system. GIS mapping fee doesn t apply to service connections nor when user provides maps in acceptable GIS format. ROW Management Program Fees adopted by Roll Call No. on, 200. Amended by Roll Call Nos. ;

4 REGULATIONS IMPLEMENTING CITY OF DES MOINES RIGHT-OF-WAY MANAGEMENT ORDINANCE I. REGULATIONS RELATING TO THE SUBMISSION OF PERMIT APPLICATIONS BY ELECTRONIC MEANS. A. Any person or firm may, upon the prior approval of the City Engineer, submit permit applications for excavations, obstructions, treewells, or irrigation systems by or FAX, provided that all such applications shall be submitted on the City's official application form, and further provided that the receipt of all such applications, and the grant of a permit pursuant thereto, shall be confirmed by the person making such application by telephone within 24 hours after submission of same, or on the next City business day in the event of an intervening City holiday. No activity shall be undertaken as proposed in such permit until such application has been approved and the permit has been issued and received by the permittee. II. REGULATIONS RELATING TO THE APPLICATION OF THE OBSTRUCTION PERMITTING REQUIREMENT TO ROUTINE UTILITY MAINTENANCE ACTIVITIES. An obstruction permit is required for any work that does not require an excavation in the ROW but does involve work on a Collector Street, Principal Arterial Street, Minor Arterial Street, or any street within the Central Business District that will: Obstruct the roadway between the hours of 7-9 am or 4-6 pm on a weekday. (Note: Obstructions during these time periods will be limited and generally not allowed.) Obstruct a traffic lane for more than 1 hour Close the street for more than 20 minutes. An obstruction permit is also required on a residential street if the work involves: Obstructing a traffic lane for more than 6 consecutive hours. Closing the street for more than 1 hour. Persons, firms, or corporations operating city-wide electric, gas, telephone and telecommunications, cable television, water, or sanitary sewer utilities may engage in emergency repair or maintenance activities in City rights-of-way without being required to obtain obstruction permits as required by Chapter 102, Article IX, Division 2 of the City Code, including but not limited to the removal of storm damaged trees or tree limbs which are hanging on power lines or which threaten electrical transmission or distribution lines, telephone or telecommunications lines or cables, or cable television lines or cables. III. REGULATIONS RELATING TO THE APPLICATION OF THE OBSTRUCTION PERMITTING REQUIREMENT TO MINOR UTILITY SERVICE CONNECTIONS.

5 Persons, firms, or corporations operating city-wide electric, gas, telephone and telecommunications, or cable television utilities may engage in the utility service connection activities in City rights-ofway, provided no excavation is involved, without being required to obtain obstruction permits as required by Chapter 102, Article IX, Division 2 of the City Code. A. Electric Utilities. 1. connecting above ground power lines from pole in the right-of-way to building or structure abutting the right-of-way B. Gas Utilities. 1. replacing gas meters located in the right-of-way C. Telephone and Telecommunications Utilities. 1. connecting above ground telephone, communications, or data transfer lines or cables from pole in the right-of-way to a building or structure abutting the right-of-way D. Cable Television Utilities. 1. connecting above ground cable lines from pole in the right-of-way to building or structure abutting the right-of-way E. Water Utility. 1. replacing water meters located in the right-of-way G:\USERS\TLTimmins\2002\ROW Admin\Ord\Implem Regul for ROW Mgt Prog - FINAL doc

6 CITY OF DES MOINES, IOWA RIGHT-OF-WAY OBSTRUCTION AND EXCAVATION PERMIT INSURANCE AND INDEMNIFICATION REQUIREMENTS Municipal Code Sec For purposes of this Attachment, the term City shall mean the City of Des Moines, Iowa, including its elected and appointed officials, employees, agents, volunteers, boards, commissions and others working on its behalf. I. GENERAL PROVISIONS Permitee shall purchase and maintain insurance, as required below, throughout the duration of this Permit. Insurance companies may be either admitted or nonadmitted to do business in the State of Iowa and shall have an A.M. Best Rating of B+ or greater. Insurance policies shall be written on an occurrence basis and in form and amounts and with companies satisfactory to the City, unless otherwise approved by the City. Certificates of Insurance evidencing insurance coverage shall be submitted to the City prior to commencement of activities authorized under this Permit and upon policy renewals throughout the duration of this Permit (see Proof of Insurance below). City shall receive 30 days written notification of cancellation of insurance. II. INSURANCE REQUIREMENTS A. Commercial General Liability Insurance Coverage Bodily injury and Property Damage. Policy Form Standard ISO Commercial General Liability Policy (CG 0001 with standard exclusions) or its non-iso equivalent form. Limits o ALL RIGHT-OF-WAY OBSTRUCTION AND/OR EXCAVATION PERMITS: No less than a $1,000,000 per occurrence and aggregate CSL. o IF WORKING ON GAS OR ELECTRIC RELATED FACILITIES: o No less than a $5,000,000 per occurrence and aggregate CSL. An Umbrella or Excess Liability policy may be added, if necessary, to meet these limits. Policy must include (a) Contractual Liability (b) Premises and Operations (c) Products/Completed Operations B. Proof Certificate of Insurance Permitee shall submit Certificate(s) of Insurance to: City of Des Moines, Iowa Traffic and Transportation - ROW 400 Robert D. Ray Drive Des Moines, IA Certificate(s) of Insurance shall specify: City of Des Moines, Iowa Right-of-Way permits (d) Independent Contractors Coverage (e) Personal and Advertising Injury (f) Explosion, Collapse and Underground ROW Obstr & Excav Insurance-Mar 2012.docx

7 SAMPLE CERTIFICATE - Complete Certificate(s) of Insurance as per the attached Sample Certificate. III. INDEMNIFICATION PROVISION To the fullest extent permitted by law, Permitee agrees to defend, pay on behalf of, indemnify, and hold harmless the City against any and all claims, demands, suits, damages or losses, together with any and all outlay and expense connected therewith, including but not limited to attorneys fees and court costs, that may be asserted or claimed against, recovered from or suffered by the City by reason of any injury or loss, including, but not limited to, personal injury, including bodily injury or death, property damage, including loss of use thereof, and economic damages arising out of or in any way connected or associated with Permitee s use or occupancy of City right-of-way Permitee s obligation to indemnify the City contained in this Permit is not limited by the amount or type of damages, compensation or benefits payable under any workers' compensation acts, disability benefit acts, or other employee benefit acts. The City shall not be liable or in any way responsible for any injury, damage, liability, claim, loss or expense incurred by Permitee, its officers, employees, subcontractors, and others affiliated with Permitee, arising out of or in any way connected or associated with Permitee s use or occupancy of City right-of-way, except for and only to the extent caused by the negligence of the City of Des Moines, Iowa. Permitee expressly assumes full responsibility for any and all damages to City property arising out of or in any way connected or associated with Permitee s use of occupancy of City right-of-way including, but not limited to, the activities of Permitee, its officers, employees, subcontractors, and others affiliated with Permitee. Permitee shall ensure that its activities on City property will be performed and supervised by adequately trained and qualified personnel and Permitee will observe, and cause its officers, employees, subcontractors and others affiliated with Permitee to observe all applicable safety rules. IV. WAIVER OF SUBROGATION PROVISION To the fullest extent permitted by law, Permitee hereby releases the City, its elected and appointed officials, its agents, employees and volunteers from and against any and all liability or responsibility to the Permitee or anyone claiming through or under the Permitee by way of subrogation or otherwise, for any loss without regard to the fault of the City or the type of loss involved, including loss due to occupational injury. This provision shall be applicable and in full for and effect only with respect to loss or damage occurring during the time of this Permit. The Permitee s policies of insurance shall contain a clause or endorsement to the effect that such releases shall not adversely affect or impair such policies or prejudice the right of the Permitee to recover thereunder. ROW Obstr & Excav Insurance-Mar 2012.docx

8 City of Des Moines, Iowa - Right-of-Way Permits Required for Gas & Electric work only

9 Chapter 102, Article IX ROW MANAGEMENT PROGRAM RIGHT-OF-WAY RESTORATION COST SCHEDULE City Code Section RIGHT-OF-WAY RESTORATION COST ESTIMATES TO BE USED TO ESTABLISH THE AMOUNT OF THE BOND TO BE FILED BY EXCAVATION PERMITTEES WHO ARE QUALIFIED AND WHO CHOOSE TO PERFORM RIGHT-OF-WAY RESTORATION WORK THEMSELVES A. STREET SURFACE RESTORATION--STREET SURFACE LESS THAN 10 YEARS OLD Pavement Removal Full Depth Patch Select Backfill in Place Nursery Sod in Place Sidewalk Driveway $15.00 / sq.yd.* $ / sq.yd.* $70.00 / cu.yd.* $0.30 / sq.ft $3.00 / sq.ft $4.00 / sq.ft B. STREET SURFACE RESTORATION--STREET SURFACE MORE THAN 10 YEARS OLD Pavement Removal $10.00 / sq.yd. * Full Depth Patch $64.50 / sq.yd. * Select Backfill in Place $47.00 / cu.yd. * Nursery Sod in Place $0.30 / sq.ft Sidewalk $3.00 / sq.ft Driveway $4.00 / sq.ft In lieu of posting a bond in a principal amount calculated as above provided, a permit applicant may post with the City a "blanket bond" covering all of its right-of-way restoration activities in the City, provided that the minimum principal amount of such bond shall be $25,000. The City Engineer may require an increase in the principal amount of such blanket bond at anytime if the City Engineer determines that the bond is inadequate to secure the performance of all restoration work for which the applicant is responsible. *Note: The differential in street surface restoration costs for streets less than 10 years old and for streets 10 years or more old is an adjustment intended to reflect the requirement that a pavement cut in a street panel less than 10 years old will require replacement of the entire panel, whereas a pavement cut in a street panel 10 years or more old will only require replacement of the pavement actually removed for the cut. \\CDMFS1\D-VOLUME\USERS\TLTimmins\2002\ROW Admin\Ord\ROW Restoration Cost Schedule (Perf-Maint Bond) - TLT doc

10 ENGINEERING DEPARTMENT CITY OF DES MOINES, IA SURETY'S BOND NO. PERFORMANCE AND MAINTENANCE BOND FOR ROW EXCAVATION AND RESTORATION WORK PERFORMED UNDER RIGHT-OF-WAY PERMIT (Blanket Bond for All Projects - Contractor) KNOW ALL MEN BY THESE PRESENTS: That we,, as Principal (hereinafter the Contractor or Principal ) and, as Surety are held and firmly bound unto the City of Des Moines, Iowa, as Obligee (hereinafter referred to as the Jurisdiction ), and to all persons who may be injured by any breach of any of the conditions of this Bond in the penal sum of DOLLARS ($ ), lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, legal representative and assigns, jointly or severally, firmly by these presents. The conditions of the above obligations are such that whereas said Contractor proposes to obtain excavation permits and excavate in City of Des Moines street and alley rights-of-way (ROW) on behalf of private persons and entities with whom it contracts to provide such services, and further proposes to perform such excavation and to restore City of Des Moines ROW disturbed by its excavation activities (such excavation and restoration work hereinafter referred to as "the work") in a good and workmanlike manner, all in conformance with all applicable laws, regulations, specifications, orders, permits and permit conditions, including but not limited to: Chapter 102, Article XI of the Municipal Code of Des Moines, 2000, as said Article exists or may hereafter be amended; the Urban Standard Specifications for Public Improvements, 2001 Edition or later; the latest edition of the City of Des Moines Utility Accommodation and Street Restoration Specifications; the permit conditions included in any excavation permit under which it works; and orders issued by the City Engineer for the City of Des Moines with respect to work under any such permit, and proposes to complete all such excavation and restoration work within the permit period specified therefor in the permits issued for such work. It is expressly understood and agreed by the Contractor and Surety on this Bond that the following provisions are a part of this Bond and are binding upon said Contractor and Surety, to-wit: 1. PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill and abide by each and every covenant, condition and part of such laws, regulations, specifications, orders, permits and permit conditions referenced above, for excavation and restoration work undertaken by it pursuant to permit issued by the City of Des Moines, and shall indemnify and save harmless the Jurisdiction from all outlay and expense incurred by the Jurisdiction by reason of the Contractor s default or failure to perform as required. The Contractor shall also be responsible for the default or failure to perform as required by all its subcontractors, suppliers, agents, or employees furnishing materials or providing labor in the performance of such work under permit. 2. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own expense: A. To remedy any and all defects in or damages to property of the Jurisdiction, including but not limited to street or sidewalk surfaces, traffic control devices or cabling, telecommunications devices or cabling, sewers, water lines, or street trees or plantings, that may develop in or result from ROW excavation or restoration work to be performed pursuant to a ROW permit issued by the City of Des Moines within the period of four (4) years from the date such work is completed, by reason of defects in workmanship or materials or inappropriate construction methods or operations used in the construction of said work; ROW Management Program - Contractor's Performance and Maintenance Bond Page 1 of 4 pages

11 B. To keep all work in continuous good repair; and SURETY BOND NO. C. To pay the Jurisdiction s reasonable costs of monitoring and inspecting to assure that any defects and damages are remedied, and to repay the Jurisdiction all outlay and expense incurred as a result of Contractor s and Surety s failure to remedy any defect or damage as required by this section. Contractor s and Surety s agreement herein made extends to defects in workmanship or materials and damage to property of the Jurisdiction not discovered or known to the Jurisdiction at the time such work was completed. 4. GENERAL: Every Surety on this Bond shall be deemed and held, any contract to the contrary notwithstanding, to the following provisions: A. To consent without notice to any extension of time for completion of the work under permit; B. To consent without notice that this Bond shall remain in full force and effect until the work is completed, whether completed within the period specified in the permit or within an extension thereof. The Contractor and every Surety on this Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: C. That no provision of this Bond or of any other contract shall be valid which limits to less than five years after the completion of the work under permit the right to sue on this Bond. D. That as used herein, the phrase all outlay and expense is not to be limited in any way, but shall include the actual and reasonable costs and expenses incurred by the Jurisdiction including interest, benefits and overhead where applicable. Accordingly, all outlay and expense would include but not be limited to all contract or employee expense, all equipment usage or rental, materials, testing, outside experts, attorneys fees (including overhead expenses of the Jurisdiction s staff attorneys), and all costs and expenses of litigation as they are incurred by the Jurisdiction. It is intended that the Contractor and Surety will defend and indemnify the Jurisdiction on all claims made against the Jurisdiction on account of Contractor s failure to perform as required by applicable laws, regulations, specifications, orders, permits and permit conditions, and that the Jurisdiction will be fully indemnified so that it will be put into the position it would have been in had the work been performed in the first instance as required. In the event the jurisdiction incurs any outlay and expense in defending itself with respect to any claim as to which the Contractor or Surety should have provided the defense, or in the enforcement of the promises given by the Contractor and Surety in this Bond, the Contractor and Surety agree that they will make the Jurisdiction whole for all such outlay and expense, provided that the Surety s obligation under this bond shall not exceed 125% of the penal sum of this bond. In the event that any actions or proceedings are initiated with respect to this Bond, the parties agree that the venue thereof shall be Polk County, State of Iowa. If legal action is required by the Jurisdiction to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of the Jurisdiction, the Contractor and the Surety agree, jointly and severally, to pay the Jurisdiction all outlay and expense incurred therefor by the Jurisdiction. All rights, powers, and remedies of the Jurisdiction hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers and remedies given to the Jurisdiction, by law. The Jurisdiction may proceed against Surety for any amount guaranteed hereunder ROW Management Program - Contractor's Performance and Maintenance Bond Page 2 of 4 pages

12 SURETY BOND NO. whether action is brought against the Contractor or whether Contractor is joined in any such action or actions or not. NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully perform all of the requirements and obligations of the Principal, as set forth and provided in all applicable laws, regulations, specifications, orders, permits and permit conditions, and in this Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. When a word, term, or phrase is used in this Bond, it shall be interpreted or construed first as defined in this Bond; second, if not defined in the Bond, it shall be interpreted or construed as defined in Chapter 102, Article XI of the Municipal Code of Des Moines, 2000 as it presently exists or may hereafter be amended, in the Urban Standard Specifications for Public Improvements, 2001 Edition or later, or in the latest edition of the City of Des Moines Utility Accommodation and Street Restoration Specifications; third, if not defined in Chapter 102, Article XI of the Municipal Code of Des Moines, 2000 as it presently exists or may hereafter be amended, in the Urban Standard Specifications for Public Improvements, 2001 Edition or later, or in the latest edition of the City of Des Moines Utility Accommodation and Street Restoration Specifications, it shall be interpreted or construed as defined in the Iowa Code; fourth, if not defined in the Iowa Code, it shall be interpreted or construed according to its generally accepted meaning in the construction industry; and fifth, if it has no generally accepted meaning in the construction industry, it shall be interpreted or construed according to its common or customary usage. Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not limit liability hereunder. Witness our hands, in quadruplicate, this day of, 200. PRINCIPAL: SURETY: By Contractor Signature Surety Company Signature Attorney-in-Fact/Officer Title Name of Attorney-in-Fact/Officer Company Name FORM APPROVED BY: Company Address Attorney for Jurisdiction City, State, Zip Code Company Telephone Number ROW Management Program - Contractor's Performance and Maintenance Bond Page 3 of 4 pages

13 NOTE: SURETY BOND NO. 1. All signatures on this performance, maintenance & payment bond must be original signatures in ink; copies or facsimile of any signature will not be accepted. 2. This bond must be sealed with the Surety s raised, embossing seal. 3. The Certificate of Power of Attorney accompanying this bond must be valid on its face and sealed with the Surety s raised, embossing seal. 4. The name and signature of the Surety s Attorney-in-Fact/Officer entered on this bond must be exactly as listed on the Certificate or Power of Attorney accompanying this bond. \\CDMFS1\D-VOLUME\USERS\TLTimmins\ROW Admin Forms & Agreements\ROW Perf Maint Bond - Blanket_Contractor - TLT doc ROW Management Program - Contractor's Performance and Maintenance Bond Page 4 of 4 pages

14 ENGINEERING DEPARTMENT CITY OF DES MOINES, IA SURETY'S BOND NO. PERFORMANCE, PAYMENT & MAINTENANCE BOND FOR PRIVATE CONSTRUCTION CONTRACTS (Bond for Single Project) KNOW ALL MEN BY THESE PRESENTS: That we,, as Principal (hereinafter the Contractor or Principal ) and, as Surety, are held and firmly bound unto the City of Des Moines, Iowa, as Obligee (hereinafter referred to as the Jurisdiction ), and to all persons who may be injured by any breach of any of the conditions of this Bond in the penal sum of DOLLARS ($ ), lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, legal representative and assigns, jointly or severally, firmly by these presents. The conditions of the above obligations are such that whereas said Contractor entered into a contract with (hereinafter the Owner ), bearing date the day of, 200, wherein said Contractor undertakes and agrees to obtain an excavation permit and excavate in City of Des Moines street and/or alley right-of-way (ROW) on behalf of said Owner, and further proposes to perform such excavation and to restore City of Des Moines ROW disturbed by its excavation activities (such excavation and restoration work hereinafter referred to as "the work") in a good and workmanlike manner, all in conformance with all applicable laws, regulations, specifications, orders, permits and permit conditions, including but not limited to: Chapter 102, Article XI of the Municipal Code of Des Moines, 2000, as said Article exists or may hereafter be amended; the Urban Standard Specifications for Public Improvements, 2001 Edition or later; the latest edition of the City of Des Moines Utility Accommodation and Street Restoration Specifications; the permit conditions included in any excavation permit under which it works; and orders issued by the City Engineer for the City of Des Moines with respect to work under such permit, and proposes to complete all such excavation and restoration work within the permit period specified therefor in the permit issued for such work. It is expressly understood and agreed by the Contractor and Surety on this Bond that the following provisions are a part of this Bond and are binding upon said Contractor and Surety, to-wit: 1. PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill and abide by each and every covenant, condition and part of such laws, regulations, specifications, orders, permits and permit conditions referenced above, for excavation and restoration work undertaken by it pursuant to permit issued by the City of Des Moines, and shall indemnify and save harmless the Jurisdiction from all outlay and expense incurred by the Jurisdiction by reason of the Contractor s default or failure to perform as required. The Contractor shall also be responsible for the default or failure to perform as required by all its subcontractors, suppliers, agents, or employees furnishing materials or providing labor in the performance of such work under permit. 2. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own expense: A. To remedy any and all defects in or damages to property of the Jurisdiction, including but not limited to street or sidewalk surfaces, traffic control devices or cabling, telecommunications devices or cabling, sewers, water lines, or street trees or plantings, that may develop in or result from ROW excavation or restoration work to be performed pursuant to a ROW permit issued by the City of Des Moines within the period of four (4) years from the date such work is ROW Management Program - Contractor's Performance and Maintenance Bond Page 1 of 4 pages

15 SURETY BOND NO. completed, by reason of defects in workmanship or materials or inappropriate construction methods or operations used in the construction of said work; B. To keep all work in continuous good repair; and C. To pay the Jurisdiction s reasonable costs of monitoring and inspecting to assure that any defects and damages are remedied, and to repay the Jurisdiction all outlay and expense incurred as a result of Contractor s and Surety s failure to remedy any defect or damage as required by this section. Contractor s and Surety s agreement herein made extends to defects in workmanship or materials and damage to property of the Jurisdiction not discovered or known to the Jurisdiction at the time such work was completed. 4. GENERAL: Every Surety on this Bond shall be deemed and held, any contract to the contrary notwithstanding, to the following provisions: A. To consent without notice to any extension of time for completion of the work under permit; B. To consent without notice that this Bond shall remain in full force and effect until the work is completed, whether completed within the period specified in the permit or within an extension thereof. The Contractor and every Surety on this Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: C. That no provision of this Bond or of any other contract shall be valid which limits to less than five (5) years after the completion of the work under permit the right to sue on this Bond. D. That as used herein, the phrase all outlay and expense is not to be limited in any way, but shall include the actual and reasonable costs and expenses incurred by the Jurisdiction including interest, benefits and overhead where applicable. Accordingly, all outlay and expense would include but not be limited to all contract or employee expense, all equipment usage or rental, materials, testing, outside experts, attorneys fees (including overhead expenses of the Jurisdiction s staff attorneys), and all cost and expenses of litigation as they are incurred by the Jurisdiction. It is intended that the Contractor and Surety will defend and indemnify the Jurisdiction on all claims made against the Jurisdiction on account of Contractor s failure to perform as required by applicable laws, regulations, specifications, orders, permits and permit conditions, and that the Jurisdiction will be fully indemnified so that it will be put into the position it would have been in had the work been performed in the first instance as required. In the event the jurisdiction incurs any outlay and expense in defending itself with respect to any claim as to which the Contractor or Surety should have provided the defense, or in the enforcement of the promises given by the Contractor and Surety in this Bond, the Contractor and Surety agree that they will make the Jurisdiction whole for all such outlay and expense, provided that the Surety s obligation under this bond shall not exceed 125% of the penal sum of this bond. In the event that any actions or proceedings are initiated with respect to this Bond, the parties agree that the venue thereof shall be Polk County, State of Iowa. If legal action is required by the Jurisdiction to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of the Jurisdiction, the Contractor and the Surety agree, jointly and severally, to pay the Jurisdiction all outlay and expense incurred therefor by the Jurisdiction. All rights, powers, and remedies of the Jurisdiction hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers and remedies given to the ROW Management Program - Contractor's Performance and Maintenance Bond Page 2 of 4 pages

16 SURETY BOND NO. Jurisdiction, by law. The Jurisdiction may proceed against Surety for any amount guaranteed hereunder whether action is brought against the Contractor or whether Contractor is joined in any such action or actions or not. NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully perform all of the requirements and obligations of the Principal, as set forth and provided in all applicable laws, regulations, specifications, orders, permits and permit conditions, and in this Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. When a word, term, or phrase is used in this Bond, it shall be interpreted or construed first as defined in this Bond; second, if not defined in the Bond, it shall be interpreted or construed as defined in Chapter 102, Article XI of the Municipal Code of Des Moines, 2000 as it presently exists or may hereafter be amended, in the Urban Standard Specifications for Public Improvements, 2001 Edition or later, or in the latest edition of the City of Des Moines Utility Accommodation and Street Restoration Specifications; third, if not defined in Chapter 102, Article XI of the Municipal Code of Des Moines, 2000 as it presently exists or may hereafter be amended, in the Urban Standard Specifications for Public Improvements, 2001 Edition or later, or in the latest edition of the City of Des Moines Utility Accommodation and Street Restoration Specifications, it shall be interpreted or construed as defined in the Iowa Code; fourth, if not defined in the Iowa Code, it shall be interpreted or construed according to its generally accepted meaning in the construction industry; and fifth, if it has no generally accepted meaning in the construction industry, it shall be interpreted or construed according to its common or customary usage. Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not limit liability hereunder. Witness our hands, in quadruplicate, this day of, 200. PRINCIPAL: SURETY: By Contractor Signature Surety Company Signature Attorney-in-Fact/Officer Title Name of Attorney-in-Fact/Officer Company Name FORM APPROVED BY: Company Address Attorney for Jurisdiction City, State, Zip Code Company Telephone Number NOTE: ROW Management Program - Contractor's Performance and Maintenance Bond Page 3 of 4 pages

17 SURETY BOND NO. 1. All signatures on this performance, maintenance & payment bond must be original signatures in ink; copies or facsimile of any signature will not be accepted. 2. This bond must be sealed with the Surety s raised, embossing seal. 3. The Certificate of Power of Attorney accompanying this bond must be valid on its face and sealed with the Surety s raised, embossing seal. 4. The name and signature of the Surety s Attorney-in-Fact/Officer entered on this bond must be exactly as listed on the Certificate or Power of Attorney accompanying this bond. \\CDMFS1\D-VOLUME\USERS\TLTimmins\ROW Admin Forms & Agreements\ROW Perf Maint Bond - Single Proj - TLT doc ROW Management Program - Contractor's Performance and Maintenance Bond Page 4 of 4 pages

18 Right-of-way Obstruction / Excavation Application Please Print All Information Clearly Name Address Phone Applicant: Facility Owner: Contractor: Person in charge of the job: 24-hr Phone: Work In: (Street) Paved Street Unpaved Street Border Area Sidewalk / Drive Approach From: (Street) To: (Street) Address Served: (If Applicable) Anticipated Start Date: Anticipated Completion Date: Extension: Yes No Number of Extensions Required: Other Type of Work: Plumbing Other (Specify) Project Description: GIS G.I.S. Plans Submitted: Yes No Not Applicable (Service i Connection i or Existing i i Facility Repair) i ) Street Name North Street Name Street Name Note: Show location of excavation & actual street area obstructed Excavation Area: Obstructed Street Area: In Street sf Number of Lanes In Border Area sf Length of Full Width Obstruction lf Length of Facility lf I hereby certify that I am the contractor or agent of the * contractor and that the work described on this application will Sign Name Date be performed in accordance with all applicable specifications, regulations, permit conditions, and traffic control requirements. I further agree, on behalf of the (contractor / owner) to indemnify, defend and hold the City harmless, as more specifically provided Print Name on the reverse side of this application. * Must be signed by a licensed plumber or authorized signer if the excavation is in conjunction with a plumbing permit

19 Right-of-way Obstruction / Excavation Requirements Facility Owners shall have a current license, lease, or franchise with the City of Des Moines. Contractors or Facility Owners doing work with their own crews shall have a valid Performance & Maintenance Bond and Insurance on file with the City of Des Moines. Plumbers shall have a current Plumbing Contractor License and Certificate of Liability Insurance. Indemnification INDEMNIFICATION (HOLD HARMLESS) PROVISION: To the fullest extent permitted by law, the permittee agrees to defend, pay on behalf of, indemnify, and hold harmless the City of Des Moines, Iowa, its elected and appointed officials, employees and volunteers and others working on behalf of the City of Des Moines, Iowa against any and all claims, demands, suits, or loss, including any and all outlay and expense connected therewith, and for any damages which may be asserted, claimed or recovered against or from the City of Des Moines, Iowa, its elected and appointed officials, employees, volunteers or others working on behalf of the City of Moines, Iowa, by reason of personal injury, including bodily injury or death, and property damages, including loss or use thereof, which arises out of the use of City of Des Moines, Iowa right-of-way or any work and/or services performed by the permittee pursuant to the provisions of the permit. It is the intention of the parties that the City of Des Moines, Iowa, its elected and appointed officials, employees, volunteers or others working on behalf of the City of Des Moines, Iowa shall not be liable or in any way responsible for injury, damage, liability, loss or expense incurred by the permittee, its officers, employees, subcontractors, and others affiliated with the permittee due to accidents, mishaps, misconduct, negligence or injuries either in person or property resulting from the use of City of Des Moines, Iowa right-of-way or any work and/or services performed by the permittee pursuant to the provisions of the permit. Right-of-way Permit Fee Worksheet Excavation Permit Fee Component/Permit Fee Sq. Ft. Work Period Sum Basis Administrative $20.00 $20.00 per permit Disruptive cost component (Per square foot of the actual area $0.20 x x = Principal Arterial obstructed and type of street. Street closure means the actual $0.15 x x = Minor Arterial obstruction of the whole street block.) $0.10 x x = Collector $0.05 x x = Residential Inspection cost component (per square foot of excavated $0.35 x = area. Minimum 100 square feet per permit. Inspection fee is $0.00 if inspection and /or restoration is done by the City Public Works Department.) Sidewalk and/or drive approach inspection. (Waived with street $35.00 x # of inspections = excavation when restoration is performed at the same time.) * Total: Obstruction Permit Fee Component/Permit Fee Sq. Ft. Work Period Sum Basis Administrative $20.00 $20.00 per permit Disruptive cost component (Per square foot of the actual area $0.20 x x = Principal Arterial obstructed and type of street. Street closure means the actual $0.15 x x = Minor Arterial obstruction of the whole street block.) $0.10 x x = Collector $0.05 x x = Residential * Total: * Enter the number of working day periods(10 when performing own restoration or 5 when Public Works restores) needed to complete the work. Enter "1" if no working day extensions are needed.