(A) No applicant shall be entitled to a permit unless and until he or she shall have filed and maintained on file with the town a certificate certifying that he or she or his or her company or business firm carries public liability and property damage insurance issued by an insurance carrier authorized to do business in the state insuring the applicant and the town and its agents against loss by reason of injuries to, or death of, persons, or damages to property arising out of or related to work performed by the applicant, its agents, or its employees while performing any work under such permit. Such insurance shall be primary and provide coverage for all liability assumed by the applicant under this section, and shall be provided by any permittee in the amounts established by the town as recommended by its insurer.
(B) Failure by the applicant to provide the town with a certificate of insurance in the amounts required by the town, and failure by the town to demand the filing by the permittee of such a certificate before such a permit is issued, shall not be deemed to waive the permittee's obligation to provide the insurance specified herein. Such insurance certificate shall remain in effect and be kept on file with the Town Engineer until all work to be performed by the permittee under the permit has been completed. Where an encroachment involves a permanent obstruction, such insurance certificate requirements and other resolution stipulations shall remain in effect until such construction is removed. The insurance certificate shall provide that coverage cannot be cancelled or expire without providing 15-days written notice of such action to the town also noting the permit number.
(C) No evidence of liability insurance or surety bond shall be required as a condition precedent to the issuance of a permit to:
(1) A resident owner of a residential property where he or she proposes to perform minor driveway construction in front of his or her own property;
(2) Applicants for the placement of a non-permanent sign; and
(3) A Federal, state, county, or political subdivision.
(D) The permittee shall be responsible for all liability imposed by law for personal injury or property damage arising out of or related to work performed by the permittee under the permit, or arising out of the failure on the permittee's part to perform its work under the permit. If any claim of such liability is made against the town, its officers, agents, boards, or employees, the permittee shall defend, indemnify, and hold them, and each of them, harmless from such claim, including claims alleging the joint negligence of the town, its officers and employees, and the permittee, except to the extent actual negligence of the town has been established.
(Ord. O2019-05, passed 1-21-20)