(1) A registrant shall provide, pay for, and maintain satisfactory to the city an acceptable policy, or policies, of liability insurance, including comprehensive general liability insurance, products/completed operations liability, personal injury liability, owners and contractors protective liability, broad form property damage, contractual liability, automobile liability (owned, non-owned and hired automobiles), workers’ compensation and employee liability. A registrant shall not commence construction, operation or maintenance of the facility without obtaining all insurance required under this section and approval of such insurance by Risk Management of the city, nor shall a registrant allow any contractor or subcontractor to commence work on its contract or subcontract until all similar such insurance required of the same has been obtained and approved. The required insurance must be obtained and maintained for the entire period the registrant has facilities in the public rights-of-way, and for a period thereafter, as specified in the minimum coverages described below. If the registrant, its contractors or subcontractors do not have the required insurance, the city may order such entities to stop operations until the insurance is obtained and approved.
(2) All liability policies shall provide that the city is an additional insured as to the activities under this chapter. The required coverages must be evidenced by properly executed certificates of insurance forms. The certificates must be signed by the authorized representative of the insurance company and shall be filed and maintained with the city annually. Certificates of insurance, reflecting evidence of the required insurance, shall be filed with the Risk Manager Coordinator. For entities that are entering the market, the certificates shall be filed prior to the commencement of construction and once a year thereafter, and as provided below in the event of a lapse in coverage. For entities that have facilities in the public rights-of-way as of the effective date of this chapter, the certificate shall be filed within sixty (60) calendar days of the adoption of this chapter, annually thereafter, and as provided below in the event of a lapse in coverage.
(3) These certificates of insurance shall contain a provision that coverages afforded under these policies will not be canceled until at least forty-five (45) calendar days prior written notice has been given to the city. Policies shall be issued by companies authorized to do business under the laws of the State of Florida. Financial ratings must be no less than “A-VI” in the latest edition of “Best’s Key Rating Guide,” published by A.M. Best Guide. The insurance requirements may be satisfied by evidence of self-insurance with sufficient financial strength and reserves or other types of insurance acceptable to the city. Self-insured status must be confirmed with certification of same by presentation of financial statements which are not more than one (1) year old and signed by the registrant’s Chief Financial Officer or designee. Information contained therein is subject to review and approval by city’s Risk Management Division.
(4) In the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the period of this contract, then in that event, the registrant shall furnish, at least thirty (30) calendar days prior to the expiration of the date of such insurance, a renewed certificate of insurance of equal and like coverage.
(5) The insurance policy or policies shall contain contractual liability insurance naming the city as an insured, and shall also insure against the types of liabilities covered by the indemnification and hold harmless provisions of Section 25.1-13.
(6) A registrant and its contractors or subcontractors engaged in work on the operator’s behalf in, on, under or over public rights-of-way, shall maintain the following minimum insurance:
(a) Comprehensive general liability insurance to cover liability bodily injury and property damage. Exposures to be covered are: premises, operations, products/completed operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability:
1. Bodily injury.
a. Each occurrence $1,000,000
b. Annual aggregate $3,000,000
2. Property damage.
a. Each occurrence $1,000,000
b. Annual aggregate $3,000,000
3. Personal injury.
Annual aggregate $3,000,000
4. Completed operations and products liability shall be maintained for two (2) years after the abandonment of the facility by the registrant (in the case of the registrant) or completion of the work for the registrant (in the case of a contractor or subcontractor).
5. Property damage liability insurance shall include coverage for the following hazards: X - explosion, C - Collapse, U - underground.
(b) Workers’ compensation insurance shall be maintained to comply with statutory limits for all employees, and in the case any work is sublet, each registrant shall require the subcontractors similarly to provide workers’ compensation insurance for all the latter’s employees, unless such employees are covered by the protection afforded by each registrant. Each registrant and its contractors and subcontractors shall maintain employer’s liability insurance. The following limits must be maintained:
1. Workers’ compensation Statutory
2. Employer’s liability $ 500,000 per occurrence
(c) Comprehensive auto liability.
1. Bodily injury.
a. Each occurrence $1,000,000
b. Annual aggregate $3,000,000
2. Property damage.
a. Each occurrence $1,000,000
b. Annual aggregate $3,000,000
Coverage shall include owned, hired and non-owned vehicles.
(7) Each communications facility operator shall hold the city, its agents and employees, harmless on account of claims for damages to persons, property or premises arising out of its construction, operation or repair of its communications facility, and name the city as an additional insured.
(8) Thirty (30) days advance written notice by registered, certified or regular mail, as determined by the city, must be given to the city of any cancellation, intent not to renew, or reduction in the policy coverages.
(9) This section shall not be construed to affect in any way the city’s rights, privileges and immunities as set forth in F.S. § 768.28. Insurance under this section shall run continuously with the presence of the registrant’s facilities in the public rights-of-way, and any termination or lapse of such insurance shall be a violation of this section and subject to the remedies as set forth herein. Notwithstanding the foregoing, the city may, in its sole discretion, require increased or decreased levels of insurance for any other object placed in the city’s public rights-of-way by way of individual license agreements.
(Ord. No. 01-29, § 14, 7-3-01; Ord. No. 18-005, § 2, 5-1-18)