The following indemnification and insurance requirements shall apply to work performed within the city right of way by public or private utility companies. Work performed in the right of way by City of Deer Park property owners concerning a sidewalk, drive apron, utility service line and similar property right-of-way work directly benefitting an Applicant's real property shall be subject to the assessment procedures set forth in this chapter.
(a) An Applicant shall, at its sole cost and expense, indemnify, defend and hold harmless the City, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death and property damage arising out of the Applicant's use or occupancy of the public rights-of-way. An Applicant shall defend any actions or proceedings against the City in which it is claimed that personal injury, including death, or property damage was caused by the Applicant's use or occupancy of the rights-of-way. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
(b) An Applicant shall, at all times during the life of a public right-of-way permit, carry itself and require all of its subcontractors to carry liability, property damage, worker's disability, and vehicle insurance issued to the Applicant by an insurance company licensed to do business in the State of Ohio in a minimum amount of five hundred thousand dollars ($500,000.00) provided on a form acceptable to the City as set forth in the Permit.
(c) An Applicant shall name the City as an additional insured on its liability insurance policies for whom defense will be provided as to all such coverages. All required insurance coverage shall provide for thirty (30) days' written notice to the City in the event of material alteration or cancellation of such coverage prior to the effective date of such material alteration or cancellation. An Applicant shall provide appropriate insurance certificates to the City prior to beginning any work within the public right-of-way. Any certificate of insurance presented to the City shall verify that the Applicant is insured against claims for personal injury, including death, as well as claims for property damage arising out of the Applicant's use and occupancy of the rights-of-way.
(Ord. 09-19. Passed 9-14-09.)