(A) Required coverages and limits. Unless otherwise provided by a franchise, license, or similar agreement that supersedes this subchapter, each permittee whose facilities occupy right-of-way or who is constructing any facility in the right-of-way shall secure and maintain the following liability insurance policies, insuring the permittee as named insured, and naming the city, and its elected and appointed officers, agents, and employees as additional insureds on the policies listed in divisions (A)(1) and (A)(2) below:
(1) (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. $ 1,000,000 for bodily injury or death to each person;
2. $1,000,000 for property damage resulting from any one accident; and
3. $1,000,000 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) Workers' compensation with statutory limits; and
(d) Employers' liability insurance with limits of not less than $500,000 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/or umbrella policies; provided that the city may, in its discretion, require up to $4,000,000 in excess or umbrella coverage over and above the coverages required in division (A) of this section, if the city determines that the scope of the work to be performed in constructing any facility in the right-of-way is so substantial as to require such additional coverage. 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 permittee shall provide certificates of insurance to the city as evidence of the coverages required in division (A) of this section, including the provisions for additional named insureds and notice of cancellation, as required in divisions (A) and (D) of this section, respectively. The permittee shall also provide copies of any of the policies required by this section to the city within ten days following receipt of a written request therefor from the city.
(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 city, by registered mail or certified mail, return receipt requested, of a written notice addressed to the City Administrator of such intent to cancel or not to renew."
(2) Within ten days after receipt by the city of the notice, and in no event later than ten days prior to the cancellation, the permittee shall obtain and furnish to the city evidence of replacement insurance policies meeting the requirements of this section.
(E) Self-insurance. A permittee may self- insure all or a portion of the insurance coverage and limit requirements in division (A) of this section; provided that the permittee shall first submit evidence of such self-insurance and the terms and conditions of coverage thereunder, and shall be required to obtain the city's approval thereof, which approval shall not be unreasonably withheld. A permittee that self-insures shall be required, to the extent of such self-insurance, to comply with the requirement for the naming of additional insureds under division (A) of this section, and the requirements of divisions (B) and (D) of this section. A permittee that elects to self-insure shall not be required to provide copies of the policies as required under division (C) of this section; however, the city shall be provided with evidence of such self-insurance and the terms and conditions thereof.
(F) Effect of insurance and self-insurance on liability. The legal liability of the permittee to the city 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. 07-18, passed 10-23-07; Am. Ord. 08-2, passed 5-13-08; Am. Ord. 13-54, passed 11-12-13)