(a) Insurance Requirements for a General Right-of-Way Permit or a Limited Right-of-Way Permit.
(1) Each initial application for a permit to occupy or use the right-of-way or at the time of the annual registration, shall provide evidence of the following insurance policies, naming the City, its elected and appointed officers, agents, representatives and employees as additional insureds, in the following amounts:
A. Comprehensive general liability insurance with limits not less than three million dollars ($3,000,000) for bodily injury or death to each person; and
B. Three million dollars ($3,000,000) for property damage resulting from any one accident and three million dollars ($3,000,000) for all other types of liability.
C. Automobile liability for owned, non-owned and hired vehicles with a limit of three million dollars ($3,000,000) for each person and three million dollars ($3,000,000) for each accident.
D. Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard insurance with limits of not less than three million dollars ($3,000,000).
(2) The liability insurance policies required by this Section shall be maintained by the permittee throughout the period of time during which the permittee is occupying or using the right-of-way, or is engaged in the removal of its facilities. Each such insurance policy shall contain the following endorsement:
"It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until sixty (60) days after receipt by the City, by registered mail, of a written notice addressed to the City's Director of Law of such intent to cancel or not to renew."
Within sixty (60) days after receipt by the City of said notice, and in no event later than thirty (30) days prior to said cancellation, the permittee, service provider or contractor shall obtain and furnish to the City replacement insurance policies meeting the requirements of this Section.
(b) Cash Deposit, Bond and Indemnification Requirements for all Permit Types.
(1) In order to ensure the full and complete compliance with, and performance under this Chapter, including any costs, expenses, damages or loss the City because of any failure attributable to a permittee, the Director of Public Service will estimate the cost of restoration of the proposed opening or excavation to its former condition and shall require the applicant to post a cash deposit or bond in an amount equal to the estimated restoration cost.
(2) Before claims are made against the cash deposit or bond, the City shall give written notice to the permittee:
A. Describing the act, default or failure to be remedied, or the damages, cost or expenses which the City has incurred by reason of the permittee's act or default; or
B. Providing a reasonable opportunity for the permittee to remedy the existing or ongoing default or failure, if applicable; or
C. Providing a reasonable opportunity for the permittee to pay any monies due the City before the City makes a claim against the cash deposit or bond or letter of credit or other instrument; or
D. That the permittee will be given an opportunity to review the act, default or failure described in the notice with the Director of Public Service.
(3) Any draw upon the cash deposit or bond to recover the City's costs related to a permittee's use of the right-of-way shall be considered Public Way Fees as that term is defined in Chapter 4939 of the Ohio Revised Code and shall be assessed by the Director of Public Service in accordance with Chapter 4939 and other applicable law. The cash deposit, bond, letter of credit or other instrument is in addition to the permit fee provided for in Section 301.03.
(Ord. 2019-55. Passed 6-3-19.)