§ 3 — Location, other regulations

Section 3. - Location, other regulations.

3.1. Location of Facilities. Gas Facilities shall be: (1) Located, constructed, and maintained in as safe and secure a manner as reasonably possible; (2) In such a manner as to not unnecessarily interfere with the safety and convenience of ordinary travel along and over Public Way or the public or governmental use thereof or the public or governmental use of Public Grounds; (3) So as not to disrupt normal operation of any City Utility System. Subject to the terms of any particular right-of-way permit, the Company shall ensure that Gas Facilities are located or relocated in full compliance with Titles II and III of the Americans with Disabilities Act and associated regulations, 28 CFR Part 35, and in a manner that presents no temporary or permanent interference with any established Pedestrian Access Route in the Public Way. Gas Facilities shall be located on Public Grounds in a location accepted by the City. The Company's construction, reconstruction, operation, repair, maintenance, and location of Gas Facilities shall be subject to permits as required by the Minneapolis Code of Ordinances, including but not limited to Chapters 429 and 430, as they may be amended from time to time, and to such other regulations of the City consistent with authority granted the City to manage its Public Way and Public Ground under state law. 3.2. Field Locations and Mapping. The Company shall provide field locations for its underground Gas Facilities within the City consistent with the requirements of Minnesota Statutes Section 216D, Minnesota Rules, and Minneapolis Code of Ordinances Section 429.90. In addition, upon written request by the City, the Company must promptly provide complete and accurate mapping information for Gas Facilities in accordance with the requirements of Minnesota Rules 7819.4000 and 7819.4100. City shall specify the locations for which such mapping information is requested and, to the extent possible, treat all infrastructure information shared by Company as proprietary, confidential, and non-public data pursuant to the Minnesota Data Practices Act and applicable federal law. 3.3. Street Openings. Subject to Sections 3.1 and 3.4, the Company or its authorized subcontractor, shall not open or disturb any Public Ground or Public Way for any purpose (the "Work") without first having obtained the required permits from the City, for which the City may impose a fee. In performing the Work, the Company shall also obtain any required lane use, obstruction, and/or sidewalk inspection permit required under Minneapolis Code of Ordinances Chapter 430 for which the City may impose a fee. Failure of the Company or its authorized subcontractor to comply with the terms of the obstruction, lane use, and/or sidewalk inspection permit, which are directly attributable to the Company or its authorized subcontractor, and over which the Company or its authorized subcontractor has control, shall result in the imposition of a proportional charge of the permit fee as appropriate for the circumstance. This Section 3.3 does not apply to work for routine maintenance or storm restoration. During the progress of the Work, the Company shall post signage identifying the Work as performed on behalf of the Company. 3.4. Emergencies. The requirements for obtaining permits from the City pursuant to Section 3.3 shall not apply when an emergency exists requiring the immediate repair of Gas Facilities to remedy a situation that jeopardizes the public health or safety. In an emergency, the Company shall notify the City by telephone and email to the office designated by the City before, if reasonably possible, commencing the emergency repair, but in any event as soon as practicable. Within two (2) business days after commencing the repair, the Company shall obtain any required permits and pay any required fees. 3.5. Restoration. Subject to the City's right to restore the Public Way or Public Ground pursuant to Minnesota Rules, Part 7819.1100 and the Minneapolis Code of Ordinances, Section 430.70, and after performing the Work, the Company is responsible for, and is required to, shall promptly and diligently restore the Public Ground or Public Way, including paving and its foundation, to the same condition that existed before the commencement of the work, removing all dirt, rubbish, equipment, and material, and maintaining any paved surface restored by the Company, in good condition for two (2) years thereafter (the "Restoration Work"). The Company shall notify the City upon completion of the Restoration Work. Minneapolis Code of Ordinances Section 430.70 gives the City the right of first refusal to perform restoration work within the right-of-way. If the City performs the restoration, the City shall bill the Company for the restoration work within sixty (60) days of completion. 3.6. Avoidance of Damage. The Company must take reasonable measures to prevent the Gas Facilities from causing damage to persons or property. The Company must take reasonable measures to protect the Gas Facilities from damage that could be inflicted on the Gas Facilities by persons, property, or the elements. The Company and City must take protective measures consistent with Minnesota Statutes Section 216D.05 to avoid damage to and minimize interference with underground facilities when excavating or performing work. The Company shall be responsible for removal of graffiti from Gas Facilities. The Company shall provide notice to the City in the event that any City Utility System is damaged in performing the Work or the restoration Work. 3.7. Coordination of Company Projects and Public Improvements. The Company shall periodically, and at least annually, review the City's six-year capital program for purposes of coordinating Company projects and improvements to Gas Facilities within the City. The Company must annually provide to the City, on or before April 1, its updated two-year plans for "major projects" defined as any projects occurring within the Downtown Area and anticipated to impact traffic for in excess of three (3) days, any project anticipated to impact traffic for in excess of seven (7) days regardless of location, any project requiring right-of-way excavation in excess of one thousand (1,000) lineal feet, or any project anticipated to cost in excess of five hundred thousand dollars ($500,000). Company's CIP is subject to change depending on weather, funding, labor, and other issues. Company will promptly inform City of any changes to the CIP that impact City. Either party may request a meeting among appropriate representatives for purposes of discussing coordination of improvement projects or work, and both parties hereby agree to reasonably accommodate such meeting requests. The Company will comply with Minneapolis Code of Ordinances, Chapters 427-430, and the City's generally applicable practices so long as they comply with state law. The City must give the Company reasonable advance notice of plans for improvements to Public Ground or Public Way when the City has reason to believe that Gas Facilities may affect or be affected by the improvement. The notice must contain, if known: (1) The nature and character of the improvements; (2) The Public Ground and Public Way upon which the improvements are to be made, (iii) the extent of the improvements; (3) The time when the City will start the work; (4) If more than one Public Ground or Public Way is involved, the order in which the work is to proceed. In an emergency situation, the City shall notify the Company by telephone and email to the representative designated by the Company before, if reasonably possible, commencing the emergency work, but in any event as soon as practicable. 3.8. Compliance with Laws. In its operations under this Ordinance, the Company shall observe all applicable federal, state, and local laws, rules, regulations, and orders with respect to the transmission, distribution, transformation, or furnishing of gas energy. The Company shall not release, spill, or dispose in the Public Way or Public Ground, or permit to be released, spilled or disposed in the Public Way or Public Ground, any materials, substances, and wastes regulated as toxic or hazardous to health, natural resources, or the environment by the State of Minnesota, the United States government, or any other government authority with jurisdiction ("Hazardous Substances"). In the event the Company releases, spills, or disposes Hazardous Substances into the Public Way or Public Ground (with or without the permission of the City), Company shall comply with all applicable laws, regulations, and lawful governmental orders of federal, state, and local governmental agencies related to such Hazardous Substances. The Company must immediately notify the City and provide a written report, within three (3) days, with the knowledge or cause for belief of the release. The Company shall remove or remediate any Hazardous Substances caused or permitted by the Company to be located on, in, or surrounding the Public Way and Public Ground within the City in compliance with all applicable laws, regulations, and lawful governmental orders, and pay or cause to be paid all costs associated therewith. The Company shall not be responsible for removing or remediating any pre-existing Hazardous Materials encountered in the Public Way or Public Ground within the City. The indemnification terms and conditions of Section 5 shall apply to all claims made against the City by any person, including any governmental agency, who or which asserts any right to costs, damages, or other relief based upon the terms and conditions imposed upon the Company under this Section 3.8 or which arise from or are related to the Company's acts or failure to act in compliance with any law, rule, regulation, or lawful order governing Hazardous Substances. The Company and the City acknowledge that the intended purpose of this agreement is to authorize the Company to transport natural gas through its distribution system in the city of Minneapolis. Accordingly, to the extent that natural gas is transported through the Company's distribution system without spill, release, or disposal in the Public Way or Public Ground, it shall not be considered a Hazardous Substance as defined herein. 3.9. Permit or Other Fees. Notwithstanding anything to the contrary herein, the Company shall pay, in lieu of any permit or other fees or expenses charged by the City, an annual right-of-way permitting flat fee of one hundred thousand dollars ($100,000.00). ?The Company shall be subject to penalties or administrative fines in the same manner as other right-of-way users. The only other fees chargeable under this agreement shall be franchise fees in accordance with the Fee Ordinance. The flat fee is payable to the City's utility connections division, or its successor, by December 30 of each calendar year of the agreement and any extensions, unless otherwise mutually agreed by the parties.