As a condition of the City’s consent to occupy the Right-of-Way, a Facilities Operator must secure and maintain the following liability insurance policies insuring both the Facilities Operator and the City, and its elected and appointed officers, officials, agents and employees as additional insureds;
(a) Comprehensive general liability insurance with limits not less than:
(1) Five million dollars ($5,000,000) for bodily injury or death to each persons;
(2) Five million dollars ($5,000,000) for property damage resulting from any one (1) accident; and
(3) Five million dollars ($5,000,000) for all other types of liability.
(b) Automobile liability for owned, non-owned and hired vehicles with a limit of three million dollars ($3,000,000) for each accident.
(c) Worker’s compensation within the statutory limits and employer’s liability insurance with limits of not less than one million dollars ($1,000,000).
(d) Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than three million dollars ($3,000,000).
(e) Each such insurance policy shall contain the following endorsement: It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until ninety (90) days after receipt by the City, by registered mail, of a written notice addressed to the Zoning Inspector of such intent to cancel or not to renew.
(1) Within sixty (60) days after receipt by the City of said notice, and in no event later than thirty (30) days prior to said cancellation, the Facilities Operator shall obtain and furnish to the City replacement insurance policies meeting the requirements of this subsection.
(2) Upon written application to the City Engineer, and written approval by the Safety-Service Director, Finance Director and Law Director, a Facilities Operator may be self-insured to provide all of the same coverage as listed in this Section; except that all coverages for Worker’s Compensation shall be in compliance with state law. No approval for self-insurance shall be given until the City Engineer, Safety-Service Director, Finance Director and Law Director have made a complete review of the Facilities Operator’s financial ability to provide such self-insurance. As part of the review process, the Finance Director may require, and the Facilities Operator shall provide any and all financial documents necessary to enable the City Engineer, Safety-Service Director, Finance Director and Law Director to make a valid determination of the Facilities Operator’s ability to provide the level of protection against risk otherwise required under this Section.
(Ord. 2020-4053. Passed 1-7-21.)