(A) No applicant shall be entitled to a permit under this Article unless and until the applicant shall have filed and maintained on file with the city a certificate of insurance certifying that the applicant carries public liability and property damage insurance issued by an insurance carrier authorized to do business in the State of Arizona, at applicant’s own cost and expense, insuring the applicant and the city and its agents against claims and liability for personal injury, death and property damage arising, from the construction, operation or maintenance by .applicant of its facilities, in an amount of not less than $1,000,000 per occurrence, $2,000,000 aggregate. The city, its officers, agents and employees shall, also be named as additional insured parties. It is the intent of the parties that applicant’s insurance shall be primary and without right of subrogation with respect to any claim or liability caused by applicant’s negligence or other misconduct.
(B) Failure by the applicant to provide the city with such a certificate and failure by the city to demand the filing by applicant of such a certificate before such a permit is issued, shall not be deemed to waive applicant’s obligation to provide the insurance specified herein. The insurance certificates shall remain in effect and be kept on file with the city so long as applicant maintains, operates or owns facilities within rights-of-way of the city. The insurance certificate shall provide that coverage cannot be canceled or expire without providing 30 days written notice to the city of such action and noting the permit number on the written notice. No evidence of liability insurance or surety bond shall be required as a condition precedent to the issuance of a permit to a resident on residential property where the resident proposes to perform construction in front of resident’s own property, or a federal, state, county or municipal agency or political subdivision. The city shall in no way be liable to or responsible for any accidents or damage which may occur in the construction, operation by applicant of its appurtenances hereunder, and the acceptance of a permit shall be deemed an agreement on the part of applicant to indemnify the city and hold it harmless from and against any and all liability, loss, costs, legal fees, damage or other expense which may accrue to city by reason of the negligence, default or misconduct of applicant and the construction, operation and maintenance of its lines, facilities or the appurtenances hereunder, including maintenance of barricades and traffic control devices in construction and maintenance areas. Applicant agrees to pay on behalf of city any claims, settlement or judgments, including legal fees, made or entered against city as a result of injury or damage to any person or property occasioned by the exercise of any permit issued to applicant.
(Ord. 1424, passed 5-19-2016)