(a) As an express precondition to being granted a permit to perform construction within a public right- of-way, the permittee shall furnish the director proof of existing insurance in accordance with the following requirements:
(1) If the construction will require a pavement cut or excavation not more than 18 inches in depth and 300 feet in length, the permittee must provide proof of commercial general liability insurance (including, but not limited to, premises operations, personal and advertising injury, products/completed operations, and independent contractors and contractual liability) with a minimum combined bodily injury (including death) and property damage limit of $500,000 per occurrence, $500,000 products/completed operations aggregate, and $500,000 general aggregate. The insurance coverage must be written by a company or companies approved to conduct business in the State of Texas. The city must be named as an additional insured on the policy by using endorsement CG 20 26 or broader.
(2) If the construction will require a pavement cut or excavation exceeding either 18 inches in depth or 300 feet in length, the permittee must provide proof of commercial general liability insurance, or any combination of general liability and umbrella/excess insurance, (including, but not limited to, premises operations, personal and advertising injury, products/completed operations, and independent contractors and contractual liability) with a minimum combined bodily injury (including death) and property damage limit of $25,000,000 per occurrence, $25,000,000 products/completed operations aggregate, and $25,000,000 general aggregate. The liability insurance policy must also include coverage for explosion, collapse, and underground hazards. The insurance coverage must be written by a company or companies approved to conduct business in the State of Texas. The city must be named as an additional insured on the policy by using endorsement CG 20 26 or broader.
(3) Each policy must include a provision that requires the insurance company to notify the city in writing at least 30 days before canceling or failing to renew the policy or before reducing policy limits or coverages.
(4) The permittee agrees, with respect to the insurance coverage required by this subsection, to waive subrogation against the city and its officers and employees for bodily injury (including death), property damage, or any other loss.
(5) The insurance coverage required by this subsection is considered primary insurance in regard to the city and its officers, employees, and elected representatives.
(6) Proof of insurance in the form of an original industry standard certificate of insurance showing the city as an additional insured must be provided to the director prior to any commencement of work by the permittee. The certificate of insurance must be executed by the insurer or its authorized agent and must state specific coverage, limits, and expiration dates in accordance with the requirements of this subsection.
(7) The permittee shall make available to the director, upon request, a copy of the insurance policy, including any endorsements, riders, and amendments to the policy and any statements respecting coverage under the policy.
(b) A permittee who is a public service provider who has registered and filed proof of insurance under Section 43-137 of this article is not required to furnish separate proof of insurance under this section when obtaining a permit, but must comply with all other requirements of this section.
(c) If the permittee is an entity that has a tangible net worth ratio of 3 to 1 (assets to liabilities) with a minimum tangible net worth of at least $100,000,000, proof of self-insurance sufficient to meet the coverage required in Subsection (a) is sufficient to satisfy the requirements of that subsection.
(d) The following indemnity provisions apply to a public service provider registered under Section 43-137 and are also included by reference as express terms of a permit issued under this article:
(1) A permittee who is a certificated telecommunications provider as defined in Chapter 283, Texas Local Government Code, as amended, or a network provider as defined by Chapter 284 of the Texas Local Government Code, as amended, agrees to give to the city the indemnity provided in Section 283.057, Texas Local Government Code, as amended.
(2) A permittee, other than a certificated telecommunications provider described in Paragraph (1) of this subsection, expressly agrees to fully and completely defend, indemnify, and hold harmless the city and its officers, agents, and employees, against any and all claims, lawsuits, judgments, costs, and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by any negligent, grossly negligent, wrongful, or strictly liable act or omission of the permittee or its agents, employees, or contractors, in the performance of work or activity pursuant to the permit issued under this article, regardless of whether or not the negligence, gross negligence, wrongful act, or fault of the city or its officers, agents, or employees, contributes in any way to the damage, injury, or other harm. The requirement of the permittee to defend the city also unconditionally applies regardless of whether or not the negligence, gross negligence, or fault of the city or its officers, agents, or employees contributes in any way to the damage, injury, or other harm. Nothing in this paragraph may be construed as waiving any governmental immunity available to the city under state law. This provision is solely for the benefit of the permittee and the city and is not intended to create or grant any rights, contractual or otherwise, in or to any other person.
(e) This section does not apply to:
(1) construction or other activity performed by the city’s own forces or by contractors hired by the city and working on city-owned facilities within the public right-of-way;
(2) a person operating facilities or performing construction pursuant to a valid existing franchise or license approved by the city council; or
(3) construction or repair of a sidewalk or driveway approach for an abutting single-family or duplex residential property owner. (Ord. Nos. 24495; 26263; 30620)