The Department is authorized and directed to grant permits to construct, alter, and repair conduits, ducts, manholes, and other appurtenances under the surface of any street, alley, or public place within Jefferson County, and to string wires, tubes, and cables therein, under the terms and in accordance with the provisions of this chapter, to any person having the lawful authority, and to the extent which he or she may have to use the streets, alleys, or public ways of Jefferson County for furnishing or using electricity for public use, including telecommunications or telephone services, on compliance by such person with the terms and conditions of this chapter, provided such person has theretofore acquired or hereafter may acquire the right to use such streets, alleys, or public places for such purposes and files with the Louisville Metro Chief Financial Officer the following surety bond and insurance:
(1) An encroachment bond solely for the protection of the Metro Government with a surety company that is Treasury listed with a rating of A- or better. The bond must name the Louisville Metro Department of Public Works and Assets as obligee. The minimum acceptable bond penalty/limit amount is 20% of the project cost subject to a minimum of $100,000. It shall be conditioned that such conduits, ducts, manholes, and other appurtenances shall be constructed in strict accordance with the plans and specifications approved by the Department and that the permittee shall faithfully comply with all the terms of this chapter concerning conduits, ducts, and other appurtenances and underground wires and that principal will properly restore the right-of-way in accordance with Metro ordinance regulations should permittee fail to do so. Such bond must state that it shall remain in full force and effect until terminated in writing by the Department.
(a) None of the provisions of this chapter nor any bond accepted by the Metro Government pursuant hereto, nor any damages recovered by the Metro Government hereunder, shall be construed to excuse the faithful performance by or limit the liability of the permittee.
(b) Failure to maintain the encroachment bond required hereinabove for the term required shall be considered breach of contract and Metro Government may suspend or terminate this permit and permittee's operations at its sole discretion.
(2) Proof of the following liability insurance issued by a company duly authorized to do business in the Commonwealth of Kentucky, with an AM Best Rating of A- or better and acceptable to the Metro Government, insuring both permittee and Metro Government, and its Metro Council and Mayor and employees, with respect to all work allowed by this permit. Acceptable proof of liability insurance is accomplished by filing a Certificate of Insurance, however Metro may at its sole discretion, require copies of actual policies in order to determine final acceptability. This policy must be in effect prior to any work being permitted and must remain in effect until all work granted under this permit is completed and approved by the Director or his or her designee. The following liability insurance is required:
(a) General liability insurance, via an occurrence form, covering bodily injury, including death, personal injury and property damage, and including completed operations, contractual liability, independent contractors protective liability and personal injury liability protection. The minimum acceptable limit of liability amount is $1,000,000 per occurrence and $2,000,000 aggregate under a combined single limit. This policy must include the Louisville Metro Government, including its Mayor, Metro Council members and employees, as additional insureds as respects all operations of the Insured Permittee. This policy must cover Metro Government for damages resulting from the construction, alteration, and repair of conduits, ducts, manholes, and other appurtenances under the surface of any street, alley, or public place within Jefferson County, and from stringing wires, tubes, and cables or other materials therein. The Metro Government reserves the right to make reasonable increases in the required amount of insurance coverage herein at anytime. Nothing herein is intended as a limitation on the extent of any legal liability of the permittee. Failure to maintain all insurance required hereinabove for the terms required shall be considered breach of contract and Metro Government may suspend or terminate permittee's operations as its sole discretion.
(1999 Lou. Code, § 50.06) (Lou. Metro Am. Ord. No. 112-2007, approved 6-21-2007) Penalty, see § 53.99