(A) General conditions. Except as a franchise may otherwise provide, each grantee shall procure and maintain in full force and effect during the life of its franchise, such insurance as is required herein. Policies of insurance shall be written by companies authorized to write such insurance in New Mexico, and they shall be in a form reasonably satisfactory to city and properly filed and approved by the Superintendent of Insurance, State of New Mexico. Grantee shall furnish city a minimum of seven copies of certificates of required insurance. All certificates of insurance (or policies) shall provide that 30 days' written notice be given to the Risk Manager, Department of Finance and Administrative Services, City of Albuquerque, Box 470, Albuquerque, New Mexico 87103, before a policy is cancelled, materially changed or not renewed. Various types of required insurance may be written in one or more policies. With respect to all coverages required other than workers' compensation, the city shall be a named additional insured. All coverages shall be primary with respect to operations provided. The certificates of insurance and endorsements for each policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. For persons issued Franchises after the effective date of this article, certificates and other required proofs shall be filed within 30 days of the issuance of a franchise, once a year thereafter, and whenever there is any change in coverage. For persons that have facilities in the public rights-of-way as of the effective date of this article, the certificate shall be filed within 60 days of the effective date of this article, annually thereafter, and whenever there is any change in coverage, unless a pre-existing franchise expressly provides for filing of certificates in a different manner.
(B) No work without insurance. A grantee (or those acting on its behalf) shall not commence construction or operation of the cable system without first obtaining insurance in amounts and of a type satisfactory to city. The required insurance must be obtained and maintained for the entire period the grantee has facilities in the public rights-of-way or on public property. If the grantee, its contractors, or subcontractors do not have the required insurance, city may order such persons to stop operations until the insurance is obtained and approved.
(C) Work of subcontractors. If any part of the construction, operation or repair of the cable system is subcontracted, grantee shall:
(1) Include any and all subcontractors in his insurance policies; or
(2) Require the subcontractor to secure insurance to protect himself against all hazards enumerated herein which are not covered by grantee's policies.
(D) Approval of insurance. Neither approval nor failure to disapprove certificates, policies or the insurance by city shall relieve grantee or any sub-grantee of full responsibility to maintain the required insurance in full force and effect.
(E) Commercial general liability insurance including automobile.
(1) Grantee shall procure and maintain during the life of a franchise a comprehensive commercial general liability and automobile liability insurance policy with liability limits in amounts not less than $1,000,000 combined single limit of liability for bodily injury, including death, and property damage in any one occurrence and in the aggregate. Said policies or insurance must include coverage for all operations performed for city by grantee, including, but not limited to, coverage for collapse (C), explosion (X), and underground (U) liability coverage, coverage for the user of all owned, non-owned, hired automobiles, vehicles, and other equipment both on and off work, and contractual liability coverage which shall specifically insure the indemnification provisions of this ordinance and any franchise.
(2) The above requirements shall include, but shall not be limited to, protection against:
(a) Damage to, or destruction of, public and private property including telephone conduit, telegraph conduit, power conduit, telephone signal cable, fiber optics cable, television cable, computer cable, fire alarm circuits, gas mains, gas service connections, sanitary sewers, sewer, house or building connections, water mains, water service connections, steam lines, petroleum products pipe lines, storm drains, storm inlet lines, including all appurtenances thereto while located below the surface of the ground, including injury or death, to person or persons caused by grantee's operations, including blasting and trenching-backfilling-tamping with or without the use of mechanical equipment; and
(b) The collapse of, or structural damage to, a building, house or structure, including power, telephone, telegraph, fire alarm, and street-light poles, curb and gutter and sidewalk, on public or private property, and destruction of, or damage to, other public and private property resulting therefrom, including injury or death to person or persons caused by grantee, including but not limited to as a result of grantee's operations in the removal of other buildings, structures, including their supports, trees and utility poles, or by excavation, including blasting, and trenching-backfilling-tamping with or without use of mechanical equipment. "Other public and private property" as used herein shall include lawns, plants, flowers, trees, fences, yards, walls, etc.
(F) City's protective public liability insurance.
(1) Grantee shall procure and maintain during the life of a franchise, a city's protective public liability insurance policy with liability limits in amounts not less that $1,000,000 combined single limit of liability for bodily injury, including death, and property damage in any one occurrence and in the aggregate, or grantee may provide city with evidence of insurance with excess limits in amounts not less than $5,000,000.
(2) The policy will be written with city as the named additional insured and will provide coverage for city's and its employees while acting within the scope of their duties against all claims arising out of or in connection with the work to be performed.
(3) In lieu of Section 13-5-1-18(F)(1) and (2), the city may accept equivalent coverage if approved by the city's Risk Manager.
(G) Workers' compensation insurance. Grantee shall comply with the provisions of the Workers' Compensation Act, the Subsequent Injury Act, and the New Mexico Occupational Disease Disablement Law. Grantee shall procure and maintain during the life of a franchise, complete workers' and employer's liability insurance in accordance with New Mexico law and regulations. Such insurance shall include coverage permitted under Section 52-1-10 NMSA 1978, for safety devices. With respect to workers' compensation insurance, if grantee elects to be self-insured, it shall comply with the applicable requirements of law. If any portion of the construction, operation or repair of the cable system is to be subcontracted, grantee shall require the subcontractor similarly to provide such coverage (or qualify as a self insured) for all latter's employees to be engaged in such work. Grantee shall save harmless city, its officers, agents and employees from any claims or actions occasioned by failure of grantee to comply with the provisions of this subparagraph. It is agreed that with respect to all workers' compensation insurance, the grantee and its insurer shall waive any right of subrogation it may acquire against the city, its officers, agents and employees by reason of any payment made on account of injury, including death resulting therefrom, sustained by any employee arising out of the performance of a franchise.
(H) Alterations in limits. A franchise may specify different initial minimum insurance requirements in cases where the city determines that, in light of the risks presented by a particular franchise, a higher or lower insurance amount is appropriate. However, unless otherwise stated therein, every franchise shall be interpreted to permit the city to require the grantee to increase its insurance limits, or obtain additional types of insurance should the city determine that there are increased risks to the city or its citizens, by such time as reasonably may be specified by the city.
(I) Ratings. Grantee's insurer shall have no less than an "A-" policyholder's rating and a financial rating of at least Class XI in accordance with the Best's rating current at the time purchased, unless specifically waived in writing by the Risk Manager of the city.
(J) No contribution. Any insurance or self insurance maintained by the city shall be excess of the grantee's insurance and shall not contribute with it.
(Ord. 24-2002)