(A) Required coverages and limits.
(1) Unless otherwise provided by franchise, license or similar agreement, each utility occupying right-of-way or constructing any facility in the right-of-way shall secure and maintain the following liability insurance policies insuring the utility as named insured and naming the county, and its elected and appointed officers, officials, agents and employees as additional insureds on the policies listed in divisions (A)(1)(a) and (A)(1)(b) below:
(a) Commercial general liability insurance, including premises-operations, explosion, collapse and underground hazard (commonly referred to as “X,” “C” and “U” coverages) and products-completed operations coverage with limits not less than:
1. Five million dollars for bodily injury or death to each person;
2. Five million dollars for property damage resulting from any one accident; and
3. Five million dollars for all other types of liability.
(b) Automobile liability for owned, non-owned and hired vehicles with a combined single limit of $1,000,000 for personal injury and property damage for each accident;
(c) Worker’s compensation with statutory limits; and
(d) Employer’s liability insurance with limits of not less than $1,000,000 per employee and per accident.
(2) If the utility is not providing such insurance to protect the contractors and subcontractors performing the work, then such contractors and subcontractors shall comply with this section.
(B) Excess or umbrella policies. The coverages required by this section may be in any combination of primary, excess and umbrella policies. Any excess or umbrella policy must provide excess coverage over underlying insurance on a following-form basis such that when any loss covered by the primary policy exceeds the limits under the primary policy, the excess or umbrella policy becomes effective to cover such loss.
(C) Copies required. The utility shall provide copies of any of the policies required by this section to the county within ten days following receipt of a written request therefor from the county.
(D) Maintenance and renewal of required coverages.
(1) The insurance policies required by this section 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 30 days after receipt by the county, by registered mail or certified mail, return receipt requested, of a written notice addressed to the county of such intent to cancel or not to renew. All coverage afforded to the additional insured(s) under this policy shall be on a primary basis. If additional insured(s)’s other insurance is applicable to the loss, such insurance will be on an excess basis. Waiver of subrogation in favor of the additional insured(s) applies to all liability policies and workers compensation.”
(2) Within ten days after receipt by the county of said notice, and in no event later than ten days prior to said cancellation, the utility shall obtain and furnish to the county evidence of replacement insurance policies meeting the requirements of this section.
(E) Self-insurance. A utility may self-insure all or a portion of the insurance coverage and limit requirements required by division (A) of this section. A utility that self-insures is not required, to the extent of such self-insurance, to comply with the requirement for the naming of additional insureds under division (A) above, or the requirements of divisions (B), (C) and (D) of this section. A utility that elects to self-insure shall provide to the county evidence sufficient to demonstrate its financial ability to self-insure the insurance coverage and limit requirements required under division (A) of this section, such as evidence that the utility is a “private self-insurer” under the Workers Compensation Act.
(F) Effect of insurance and self-insurance on utility’s liability. The legal liability of the utility to the county and any person for any of the matters that are the subject of the insurance policies or self-insurance required by this section shall not be limited by such insurance policies or self-insurance or by the recovery of any amounts thereunder.
(G) Insurance companies. All insurance provided pursuant to this section shall be effected under valid and enforceable policies, issued by insurers legally able to conduct business with the licensee in the state. (All insurance carriers and surplus line carriers shall be rated “A-” or better and of a class size “X” or higher by A.M. Best Company.) Each utility shall expressly grant permission and consent for the county to directly inquire with the utility’s insurer, or, if self-insured, the utility’s staff for self-insurance, to determine the existence of coverage, the coverage terms, the amount of coverage, and the identity of additional named insured(s), along with any other provision that may relate to the county or matters related to this chapter.
(Ord. 2013-03, passed 3-20-2013; Ord. 2024-04, passed 5-15-2024)