(A) Except for right-of-way permittees for residential purposes, each permittee shall, as a condition of its right-of-way permit, indemnify, protect and hold harmless the city and its agents, officers, elected officials, employees, volunteers, and subcontractors from and against all damages, costs, losses or expenses:
(1) For the repair, replacement, or restoration of city property, equipment, materials, structures and facilities which are damaged, destroyed or found to be defective as a result of such permittee’s acts or omissions; and
(2) From and against any and all claims, demands, suits, causes of action, and judgments:
(a) For damage to or loss of the property of any person, and/or the death, bodily injury, illness, disease, worker’s compensation, loss of services, or loss of income or wages to any person;
(b) Arising out of, incident to, concerning or resulting from the act or omissions of such permittee, its agents, employees, and/or subcontractors, in the performance of activities pursuant to such right-of-way occupancy permit, no matter how, or to whom, such loss may occur.
(3) The requirement to defend, indemnify and hold harmless shall not extend to the negligence of the city or its agents, elected officials officers, employees, volunteers and subcontractors, to the extent that the existence of such negligence shall be proven to exist.
(B) Except for right-of-way occupancy permittees for residential purposes, each permittee, as a condition of its permit, shall keep in force a policy or policies of liability insurance, having such terms and in such amounts as follows:
(1) Comprehensive general liability insurance to cover liability, bodily injury, and property damage must be maintained. Coverage must be written on an occurrence basis, with the following minimum limits of liability and provisions, or their equivalent:
(a) Bodily injury:
1. Each occurrence -$1,000,000.
2. Annual aggregate - $3,000,000.
(b) Property damage:
1. Each occurrence - $1,000,000.
2. Annual aggregate - $3,000,000.
(c) Personal injury: Annual aggregate - $3,000,000.
(d) Completed operations and products liability shall be maintained for six months after the termination of a right-of-way occupancy permit.
(e) Property damage liability insurance shall include coverage for the following hazards: E - explosion, C - collapse, U - underground.
(2) Comprehensive auto liability insurance. Comprehensive auto liability insurance to cover owned, hired, and non-owned vehicles must be maintained. Applicant may maintain comprehensive auto liability insurance as part of applicant’s comprehensive general liability insurance, however, said insurance is subject to approval by the Director of Public Service or his/her designee. Coverage must be written on an occurrence basis, with the following limits of liability and provisions, or their equivalent:
(a) Bodily injury:
1. Each occurrence - $1,000,000.
2. Annual aggregate - $3,000,000.
(b) Property damage:
1. Each occurrence - $1,000,000.
2. Annual aggregate - $3,000,000.
(3) Additional insurance. The city reserves the right to require any other insurance coverage it deems necessary after review of any proposal submitted by applicant.
(4) Self-insurance. Those applicants maintaining a book value in excess of $50,000,000 may submit a statement requesting to self-insure. If approval to self-insure is granted, applicant shall assure the city that such self-insurance shall provide the city with no less than would have been afforded to the city by a third party insurer providing applicant with the types and amounts of coverage detailed in this section. This statement shall include:
(a) Audited financial statements for the previous year;
(b) A description of the applicant’s self-insurance program;
(c) A listing of any and all actions against or claims made against applicant for amounts over $1,000,000 or proof of available excess umbrella liability coverage to satisfy all total current claim amounts above $50,000,000; and
(d) The Director of Public Works may modify or waive these requirements if they are not necessary in determining the sufficiency of the self-insurance. The Director of Public Works may request applicable and pertinent additional information if it is necessary in determining the sufficiency of the self-insurance.
(C) The permittee shall also provide documentation they maintain standard workers’ compensation coverage as required by law. Similarly, permittee shall require any subcontractor to provide workers’ compensation coverage in amounts required by law for all of the subcontractor’s employees.
(D) The city’s examination of, or failure to request or demand, any evidence of insurance in accordance with Chapter 98 shall not constitute a waiver of any requirement of this section and the existence of any insurance shall not limit applicant’s obligations under Chapter 98.
(E) If the permittee is a corporation, upon request of the city, permittee shall provide a copy of the certificate of incorporation (or its legal equivalent) as recorded and certified to by the secretary of state (or legal equivalent) in the state or country in which incorporated.
(Ord. 8710, passed 9-17-2018)