No permit under this chapter shall issue for work to be done in a city street unless the applicant carries the following insurance which shall be maintained for the full effective period of the permit and any renewal thereof:
(A) Bodily injury liability and property damage. Bodily injury liability and property damage insurance, including completed operations coverage, protecting the permittee from any and all claims and actions for bodily injury, including accidental death, and for property damage which may directly or indirectly arise from, grow out of, or be attributable to the permittee's operations or performance under the permit or contract, whether such operations be by the permittee or by any subcontractor or by any person directly or indirectly employed by either or any of them, in an amount not less than $100,000 for bodily injuries, including accidental death, to any one person, and subject to the same limit for each person in an amount not less than $300,000 on account of any one occurrence, and in an amount not less than $20,000 for property damage on account of any one occurrence; and
(B) Underground and collapse insurance. When excavations are to be made and the Director determines that the interests of the city require it, underground and collapse insurance in amounts to be specified by the Director, but not less than the above amounts, shall also be included.
(C) Insurance shall protect city. Such insurance shall name the city, and its officers, employees, and representatives, as additional insureds and protect them from any and all claims and actions for bodily injury, including accidental death, and for property damage arising from the use of the premises or facilities of the city and which may directly or indirectly arise from, grow out of, or be attributable to operations under the permit or contract. However, such insurance need not protect against injury or death occurring to any officer, employee, or representative while acting within the scope of his or her employment under the Workmen's Compensation Act.
(D) Notice of cancellation. Such insurance shall provide that it will not be modified, changed, or terminated until at least a ten-day written notice thereof has been filed with the City Clerk. Lapse or termination of such insurance shall automatically void the permit.
(E) Exceptions to insurance and indemnity requirements.
(1) Governmental agencies. The federal and state government, or any political subdivision, agency, or department thereof, doing work directly with its own employees need not furnish the insurance prescribed by this section.
(2) Public utilities. Public utility companies with net assets of not less than $1,000,000 under the jurisdiction of the State Public Utilities Commission may, in lieu of the above insurance requirements, file annually with the City Clerk a statement in affidavit form, duly authenticated by its president or vice-president and secretary or assistant secretary, showing such net worth and indicating its election and agreement to be bound by the indemnification provisions of this section. Such election, when approved as to form by the City Attorney, shall constitute an agreement to indemnify and save harmless the city, its officers, employees, and representatives from any and all claims and actions for bodily injury, including accidental death, and for property damage arising from the use of the premises or facilities of the city and which may directly or indirectly arise from, grow out of, or be attributable to its operations or performance under the permit, as provided in § 7-2.06(C).
('61 Code, § 2.06) (Ord. 37 C.S., passed 12-4-62)