(A) The applicant shall obtain and thereafter keep in force during the term of the registration the following liability insurance policies, insuring the applicant as named insured:
(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) One million dollars ($1,000,000) for bodily injury or death to each person;
(b) One million dollars ($1,000,000) for property damage resulting from any one accident; and
(c) One million dollars ($1,000,000) for all other types of liability;
(2) 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;
(3) Workers' compensation with statutory limits; and
(4) Employers' liability insurance with limits of not less than $500,000 per employee and per accident.
(B) 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 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.
(C) Within ten (10) days after receipt by the City of the notice of cancellation or nonrenewal, and in no event later than ten (10) days prior to the cancellation, the general contractor, public utility contractor or trade contractor shall obtain and furnish to the city evidence of replacement insurance policies meeting the requirements of this section. If any insurance required by this section should at any time expire, be canceled or otherwise lapse, the registration of the general contractor, public utility contractor or trade contractor shall immediately be revoked; and the general contractor, public utility contractor or trade contractor shall immediately cease all work within the city.
(D) All insurance provided pursuant to this section shall be provided under valid and enforceable policies, issued by insurers legally able to conduct business in the state of Illinois. All insurance carriers and surplus-line carriers issuing policies in compliance with this section shall be rated "A-" or better and of a class size "X" or higher by A.M. Best Company.
(E) If a trade contractor performing the work for a general contractor does not provide the insurance required by this section, the trade contractor shall be included as an insured under the general contractor's insurance.
(F) Following receipt of a written request from the city for copies of the insurance policies required by this section, the general contractor, public utility contractor or trade contractor shall provide the city with true and accurate copies of the insurance policies requested within ten (10) days.
(G) A general contractor, public utility contractor or trade contractor may self-insure all or a portion of the insurance coverage and limit requirements of this section, provided that the general contractor, public utility contractor or trade contractor 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 general contractor, public utility contractor or trade contractor that elects to self-insure shall provide the city with evidence of such self-insurance and the terms and conditions thereof in lieu of providing copies of the insurance policies required by this section. A general contractor, public utility contractor or trade contractor self-insuring for workers' compensation shall either submit a certificate from the Illinois Industrial Commission, Office of Self-Insurance Administration, Springfield office, that its Self-Insured Plan for Worker's Compensation Insurance has been approved by the state of Illinois or if the general contractor, public utility contractor or trade contractor has no employees, shall submit a notarized affidavit stating that it has no employees.
(H) The legal liability of a general contractor, public utility contractor or trade contractor 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.
(Ord. 14-10, passed 2-25-14)