Municipal Access Agreement Bylaw

 

1. These standard terms and conditions apply to all Work conducted by or on behalf of the Applicant.

 

2. Unless otherwise specifically provided in these standard terms and conditions, capitalized terms herein have the same meaning given to them in Bylaw ______/2010, “A Bylaw to Regulate the Use and Occupation of a Municipal Rights-of-Way”, as amended from time-to-time.

 

3. All Work shall conform to all applicable federal, provincial and municipal statutes, laws and by-laws and other applicable legal requirements.

 

4. All Work shall be conducted and completed to the satisfaction of the CAO.

 

5. All Work shall be performed in a manner that safeguards and protects all other support structures, transmission lines, equipment, facilities and improvements of any kind (“Improvements”) present in the Rights-of-Way.

 

6. After completion of any Work, the Applicant shall leave the Rights-of-Way in substantially the same condition in which they were before such Work was undertaken by the Applicant, free from nuisance and to the satisfaction of the CAO.  If the Applicant fails to repair and restore any Rights-of-Way to the satisfaction of the CAO within two (2) days of being notified by the Town, the Town may effect such repairs and charge all costs related thereto to the Applicant.

 

7. If the Town requires that any Work be stopped, the Applicant shall cease such Work upon delivery of a written notice to the Applicant to that effect by the CAO.

 

8. The Applicant shall be at all times responsible for all Work, including the cost of such Work.

 

9. The Applicant’s Work shall not unduly interfere with the public use and enjoyment of the Rights-of-Way.

 

10. The Applicant shall notify the Town promptly of any damage caused by the Applicant in connection with its Work.

 

11. The Town has made no representations or warranties as to the state of repair of the Rights-of-Way or the suitability of the Rights-of-Way for any business, activity or purpose whatsoever and the Applicant hereby agrees to take the Rights-of-Way on an "as is" basis for the purpose of the carrying out of the Applicant’s Work and the Town is not responsible, either directly or indirectly, for any damage to property or injury to a person, including death, arising from the escape, discharge or release of any hazardous substance from its Rights-of-Way.

 

12. The Applicant may be required to post security with the Town from time-to-time in an amount and form acceptable to the CAO to guarantee the performance by the Applicant of its obligations in connection with Work performed under this Permit. The vehicle by which such security is granted shall, in each case, specify with precision the Work that is guaranteed by the security, and the circumstances under which the Town may have recourse to the security. Security posted in respect of certain Work shall be released promptly by the Town if and to the extent that the Work is completed to the satisfaction of the CAO.

 

13. The Applicant shall conform and shall be responsible for the conformance by its officers, employees, agents, contractors and invitees to all health and safety laws including any regulations requiring installation of safety devices or appliances, and any applicable traffic laws or regulations (collectively “Safety Rules”). The Town may, on twenty-four (24) hours written notice to the Applicant, or sooner if in the opinion of the Town the likelihood of harm to persons is imminent, suspend Work performed by or on behalf of the Applicant where there appears to be a lack of compliance with the Safety Rules or because conditions of danger exist that would likely result in injury to any person. Such suspension shall continue until the lack of compliance or danger is eliminated.

 

14. For the purpose of this provision, “hazardous substance” means any hazardous substance and includes, but is not limited to, radiation, petroleum products and byproducts, industrial wastes, contaminants, pollutants, dangerous substances, and toxic substances, as defined in or pursuant to any law, ordinance, rule, regulation, by-law or code, whether federal, provincial or municipal. The Applicant agrees to assume all environmental liability relating to its Work in the Rights-of-Way, including but not limited to any liability for clean-up of any hazardous substance in, on, under, along, across and around the Rights-of-Way which result from:

 

a) the operations of the Applicant in, on, over, under, along, across or around the Rights-of-Way; or

 

b) any products or goods brought in, on, over, under, along, across or around the Rights-of-Way by the Applicant, or by any other person with the express or implied consent of the Applicant.

 

15. The Town shall not, in connection with the Applicant’s Work, be liable for any damage to the Equipment or other property of the Applicant, or for the injury or death of any officer, employee, agent, contractor, licensee or invitee of the Applicant.

 

16. The Applicant hereby indemnifies the Town from and against all losses, liabilities, costs, damages, and expenses (including reasonable legal fees and disbursements) incurred by the Town in connection with the Applicant’s Work as a result of any claim, action, suit or proceeding based on a claim of injury to the person or property of any third party caused by the Applicant, its officers, employees, agents, contractors, licensees or invitees.

 

17. The Town shall not be liable in any way for indirect or consequential losses or damages, or damages for pure economic loss, howsoever caused or contributed to, in connection with the Applicant’s Work.

 

18. The Applicant shall, at its own expense, procure and carry, or cause to be procured and carried and paid for, full workers' compensation coverage for itself and all workers, employees, and others engaged in or upon any Work.

 

19. The Applicant shall maintain insurance coverage, sufficient in amount and coverage to meet the requirements of the Town, as notified by the CAO from time-to-time. All such insurance policies shall provide that they cannot be cancelled, lapsed or materially changed without at least thirty (30) days notice to the Town by registered mail.  All such insurance policies shall contain a cross-liability clause and no subrogation clause as against the Town and shall name the Town as a named insured.

 

(Additional and/or alternate standard terms and conditions may be required depending on municipal needs and practices.)

 

Relocation

 

20. Upon receipt of thirty (30) days advance written notice from the CAO, or such other time as is mutually agreed to by the parties, the Applicant shall, at its own expense, relocate Equipment to which this Agreement relates, or perform any other Work in connection with the Rights-of-Way as may be required by the Town for municipal purposes.  If the relocation is not for a Municipal purpose but is for the benefit of a third party, then the Applicant shall relocate the Equipment to which this Agreement relates, or perform any other Work in connection with the Rights-of-Way as may be required by the Town and may negotiate for compensation for the relocation of the Equipment with the third party.  However, in cases of emergency, the Town may take any measures deemed necessary for public safety with respect to the Equipment that may be required in the circumstances as the Town shall determine and the Applicant shall reimburse the Town for all related expenses thereby incurred.

 

21. If the Applicant fails to complete the relocation of the Equipment in accordance with section 20, or fails to repair the Rights-of-Way or to perform any other Work required to be done by the Applicant pursuant to this Agreement in a timely and expeditious manner to the satisfaction of the CAO, the Town may, but is not obligated to, at its sole option, complete such relocation or other Work. In such event, the Applicant shall pay the cost of such relocation Work to the Town, together with an administrative charge of fifteen percent (15%) of such cost.

 

Utility Coordination

 

22. The Applicant shall register and maintain a membership in good standing with the Alberta One-Call Corporation or an alternative location support system, acceptable to the Town at its sole discretion. All costs associated with obtaining and maintaining membership with the Alberta One-Call Corporation or an acceptable alternative system shall be borne by the Applicant.  The Applicant further agrees to participate in any utility coordinating committees or forums as may be established by the Town, and to pay its proportionate share of the costs of the administration of such forums.

 

23. The Applicant shall, at no cost to the Town, provide locations of Equipment within forty-eight (48) hours of receiving such requests from the Town.