Skip to code content (skip section selection)
(A) Any person applying for a permit pursuant to this subchapter, shall file with the Department of Highways a bond in such sum and with such sureties as the Department shall approve, conditioned to indemnify the city against all loss, cost, damage, or expense, by persons on account of such obstruction or encumbrance, and further conditioned to guarantee the city that any part of any street or sidewalk or other public place excavated by the licensee will be replaced at no cost to the city, and in a manner satisfactory to the Department of Highways, within a period of time not to exceed five days from the date of the completion of the project.
(B) The permittee, as a condition of the permit, shall agree to indemnify and protect the city and the Highway Department against all liability, claims, or demands for injuries or damages, including claims for loss or interruption of business in cases where the encumbrance or construction impedes the flow of traffic, to any person or property arising out of activities of the permittee, its servants, employees, agents, representatives or subcontractors.
(C) The permittee, as a condition of the permit, shall agree to carry the following insurance:
(1) Comprehensive general liability insurance with limits not less than $1,000,000 per occurrence for bodily injury and $500,000 per occurrence for property damage and automobile liability insurance with limits not less than $500,000 per person and $1,000,000 per occurrence for bodily injury and $500,000 per occurrence for property damage covering all activities of the permittee for the full period of the permit. Such insurance shall include the city and the Highway Department, including all officials and employees thereof. Such insurance shall include:
(a) All activities including use of all vehicles.
(b) Contractual liability covering this permit.
(c) Coverage for the so-called “x, c, u,” hazards (for example, collapse of buildings, blasting, and damage to underground property).
(d) Completed operations hazard for a period of at least two years following the acceptance by the Highway Department of the completed permit.
(e) “Personal” injury coverage (in addition to “bodily injury”).
(2) The permittee shall carry worker's compensation insurance including employer's liability insurance with limits of $100,000, whether or not required by The New Hampshire Revised Statutes Annotated, 1955, as amended, for all activities of the permittee during the period of the permit.
(3) Insurance similar to that required of the permittee shall be provided by, or on behalf of all independent contractors used by the permittee during the period of this permit. The permittee shall be held responsible for any modifications in these insurance requirements as they apply to independent contractors.
(4) Insurance certificates evidencing the above coverage are to be furnished to the Highway Department prior to issuance of the permit, and shall provide for not less than 30 days prior notice to the Highway Department of any cancellation or major change in the policies.
(5) The purchase of the insurance required or the furnishing of the aforesaid certificates shall not be a satisfaction of the permittee's liability hereunder or in any way modify the permittee's indemnification responsibilities to the city or the Highway Department.
('71 Code, § 22-33) (Am. Ord. passed 8-7-73; Am. Ord. passed 5-1-79) Penalty, see § 97.99