A. Before a permit is issued, the applicant shall furnish to the city written evidence that the applicant has a commercial general liability and property damage policy that includes contractual liability coverage endorsed with the following limits and provisions or with such alternative limits and provisions as may be approved by the city:
1. A minimum of one million dollars ($1,000,000.00) combined single limit per occurrence for general liability including bodily injury, personal injury, and property damage and not less than two million dollars ($2,000,000.00) aggregate. The general aggregate limit shall apply separately to the permit, or the general aggregate limit shall be two (2) times the required occurrence limit. The coverage shall be in the nature of broad form commercial general liability. The city attorney or risk manager may increase or decrease minimum insurance limits, depending on the potential liability of any project.
2. All policies shall name the city, its employees, officers, officials, agents, volunteers, and assigns, as additional insureds. Any reference to the city shall include the city, its employees, officers, officials, agents, volunteers and assigns.
3. The coverage shall be primary insurance as respects the city, its employees, officers, officials, agents, volunteers and assigns. Any insurance or self-insurance maintained by the city, its employees, officers, officials, agents, volunteers and assigns shall be in excess of the permittee's insurance and shall not contribute to or be added with it.
4. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the city, its employees, officers, officials, agents, volunteers and assigns.
5. The permittee shall agree to indemnify, save harmless and defend the city and its officers and employees against any claim or loss, damage or expense sustained on account of damages to persons or property occurring by reason of permit work done by the permittee, the permittee's subcontractor or agent, whether or not the work has been completed and whether or not the right of way has been opened to public travel.
6. Insurance must be placed with insurers with an A.M. Best rating of "A-:IX" or higher.
B. The permittee shall furnish the city with certificates of insurance and original endorsements affecting coverage required by the permit. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The city expressly reserves the right to require complete, certified copies of all required insurance policies at any time. Consequently, the permittee shall be prepared to provide such copies prior to the issuance of the permit.
C. The permittee shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
D. Any deductibles or self-insured retentions shall be declared to and approved by the city. At the option of the city, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the city, its employees, officers, officials, agents, volunteers or assigns, or the permittee shall procure a bond, in a form acceptable to the city, guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
E. A provider may be relieved of the obligation of submitting certificates of insurance under the following circumstances:
1. If such company shall submit satisfactory evidence in advance that:
a. It is insured in the amounts set forth in this chapter, or has complied with state requirements to become self-insured. Public utilities may submit annually evidence of insurance coverage in lieu of individual submissions for each permit, and
b. Said coverage provides to the city the same scope of coverage that would otherwise be provided by a separate policy as required by this chapter; or
2. The work to be performed under the permit issued to the applicant is to be performed by the city, in which case insurance or other risk transfer issues shall be negotiated between the city and the applicant by separate agreement. (Ord. 14-33, 2014)