City of Maple Grove

Public right-of-way. "public right-of-way" means the area on, below, or above a public roadway, highway, street, cartway, bicycle lane, and public sidewalk in which the local government unit has an interest, including other dedicated rights-of-way for travel purposes and utility easements of local government units. A public right-of-way does not include the airwaves above a public right-of-way with regard to cellular or other nonwire telecommunications or broadcast service.

City. "City" means the City of Maple Grove, Minnesota

Indemnified Parties. "Indemnified Parties" means the City and its elected and appointed officials, officers, employees, contractors, and agents.

Terms and Conditions. "Terms and Conditions" means these Terms and Conditions on Obstruction Permit.

Contact Kelly Matzke at (612) 968-3615 at least 24 hours prior to obstruction to activate permit. Failure to contact Mr. Matzke to activate permit prior to work being started shall be considered a violation of the permit and grounds for dismissing contractor from the job site and revocation of permit approval.

(1) City Code Art. IV.- Public Right-of-Way Management will be enforced for obstruction in the public right-of-way. (2) Underground installation requirements are determined through City Code 28-131. (3) Obstructions taking place in the Maple Grove city limits in the Hennepin County public right-of-way requires permits from the City and Hennepin County. (4) All properties affected by the obstruction must be notified in writing prior to beginning work. (5) The permit issued does not in any way imply an easement on private property or grant a right to encroach on private property. (6) A City Obstruction Permit shall be on site at all times and available upon request by any City official. (7) Safety vests must be worn by all people occupying the right-of-way; (8) All vehicles and people occupying the public right-of-way must be clearly identified. Identification requires that all uniforms and/or safety vests and vehicles include the name of the permit applicant; and (9) Any work involving excavation, such as but not limited to digging, boring, or physically disturbing the right-of-way, will require an Excavation Permit instead of an Obstruction Permit.

(1) Vehicles, equipment, and materials are not allowed on sidewalks, trails, or ped ramps at any time unless the contractor performing work has exhausted all other alternatives, including, but not limited to lane closures and boulevard parking. If it has been determined that all alternatives have been exhausted, permission must be obtained from City representative before proceeding to use sidewalks, trails, or ped ramps. No stockpiles shall be allowed within the public right-of-way; (2) Any placement of utilities, including but not limited to cabinets, boxes, and pedestals must conform to City Code; (3) Any changes or revisions to the City Obstruction Permit after approval must be resubmitted, subject to the review and approval of the City Director of Public Works and Engineering or designee before proceeding with obstructing the public right-of-way; (4) Inclement weather shall be reason for delay or suspension of obstruction as determined by the City; and (5) Access to driveways must not be obstructed at any time.

(1) All permit applications requiring traffic control shall conform to the most recent version of the Minnesota Manual on Uniform Traffic Control Devices, including, but not limited to, the Temporary Traffic Control Zone Layouts Field Manual, and is subject to the review and approval of the City Transportation Operations Engineer; (2) The City only allows traffic control to occur during off peak hours, which is between 9:00am-3:00 pm Monday thru Friday; (3) All traffic control devices must be tipped over or removed when not in use; (4) All traffic control devices must be removed from the job site promptly upon completion of work; and (5) Traffic control on weekends requires prior approval from City Transportation Operations Engineer.

Damage on roadways and boulevards due to vehicles or equipment must be restored and treated the same way excavation damage is restored. Restoration must conform to City Code 28-91.

(1) All contractors, including subcontractors, must be registered with the City to do work in the public right-of-way. Contractors doing work in the public right-of-way that are not registered with the City will be considered in violation, and will be dismissed from the work site until registration is completed; and (2) Two-way traffic must be maintained at all times when work is being done in the public right-of-way unless a traffic control plan approved by the City Engineer provides otherwise.

(1) By reason of the grant of a public right-of-way permits, the City does not assume any liability for injuries to persons, damage to property, or loss of service claims by parties other than the permittee or the City or claims or penalties of any sort resulting from the installation, presence, maintenance, or operation of equipment by permittee or activities of permittee; (2) The permittee shall, in accordance with Minn. R. 7819.1250, defend, indemnify, and hold harmless the Indemnified Parties from all liability or claims of liability for bodily injury or death to persons, or for property damage, in which the claim: (a) alleges a negligent or otherwise wrongful act or omission of the permittee or its employee, agent, or independent contractor from the installation, presence, maintenance, or operation of equipment by permittee or activities of permittee and alleges that the Indemnified Parties are liable, without alleging any independent negligent, or otherwise wrongful, act or omission on the part of the Indemnified Parties or (b) is based on the Indemnified Parties' negligent or otherwise wrongful act or omission in issuing the permit or in failing to properly or adequately inspect or enforce compliance with a term, condition, or purpose of the permit granted to the permittee. Permittee is not required to indemnify the Indemnified Parties for losses or claims occasioned by the negligent or otherwise wrongful act or omission of the Indemnified Parties, except to the extent authorized above regarding the issuance of a permit or the inspection or enforcement of compliance with the permit or when otherwise expressly agreed by permittee; (3) permittee shall adhere to and comply with all provisions of the Terms and Conditions, City Code, and all applicable federal, state, and local rules and regulations, including, but not limited to, Minn. Stat. 237.162 and 237.163; and (4) in the event of a conflict between the Terms and Conditions and City Code, City Code shall govern.