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In order to locate facilities within a right-of-way opened by a public or private construction project, a service provider shall:

A. Obtain either all use permits and city-required bonds, including, but not limited to, an encroachment permit under Chapter 12.02 GHMC or master use permit for the installation, maintenance, repair, or removal of facilities in the designated rights-of-way;

B. Comply with applicable ordinances, construction codes, regulations and standards applicable to the installation of facilities and the restoration of the right-of-way, subject to verification by the city of compliance with such standards, regulations and ordinances;

C. Cooperate with the city by complying with all traffic control measures and other requirements designed to ensure that facilities are installed, maintained, repaired, and removed within the right-of-way in such a manner and at such points as not to inconvenience the public use of the right-of-way or to adversely affect the public health, safety and welfare;

D. Provide information and plans as reasonably necessary following notification of projects through publication of the city’s transportation improvement plan. The provision of advance planning information shall conform to requirements established by the city engineer;

E. Obtain the written approval of the facility or structure owner, if the service provider does not own it, prior to attaching to or otherwise using a facility or structure in the right-of-way;

F. Construct, install, operate and maintain its facilities solely at its own expense; and

G. Comply with applicable federal and state safety laws and standards;

H. Nothing herein shall be deemed to create, expand or extend any liability of the city to a third-party user of the facilities or a third-party beneficiary. The city engineer shall require provision of an indemnity agreement and certifications of insurance as conditions of a service provider’s right for a facility to occupy the city’s right-of-way; provided, however, that these requirements shall be met by holders of franchises and encroachment permits or master use permits if they provide the indemnity and insurance required by such use permits or franchises. (Ord. 1053 § 1, 2006).