A. Required Coverages and Limits. 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 Village, and its elected and appointed officers, officials, agents, and employees as additional insureds on the policies listed in paragraphs 1 and 2 below:
1. 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:
a. Five Million Dollars ($5,000,000) for bodily injury or death to each person;
b. Five Million Dollars ($5,000,000) for property damage resulting from any one (1) accident; and
c. Five Million Dollars ($5,000,000) for all other types of liability;
2. Automobile liability for owned, non-owned and hired vehicles with a combined single limit of One Million Dollars ($1,000,000) for personal injury and property damage for each accident;
3. Worker's compensation with statutory limits; and
4. Employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per employee and per accident.
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 all of the policies required by this Section to the Village Engineer within ten (10) days following receipt of a written request therefor from the Village Engineer.
D. Maintenance and Renewal of Required Coverages. 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 thirty (30) days after receipt by the Village Engineer, by registered mail or certified mail, return receipt requested, of a written notice addressed to the Village Engineer of such intent to cancel or not to renew."
Within ten (10) days after receipt by the Village Engineer of said notice, and in no event later than ten (10) days prior to said cancellation, the utility shall obtain and furnish to the Village Engineer 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 Subsection 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 Subsection A or the requirements of Subsections B, C and D of this Section. A utility that elects to self-insure shall provide to the Village Engineer evidence sufficient to demonstrate its financial ability to self-insure the insurance coverage and limit requirements required under Subsection 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 Village 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 of Illinois. 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.
(Ord. 594, passed 11-19-2007; Am. Ord. 638, passed 11-17-2009)