(A) The permittee shall assume total liability for any and all damages to streets, bridges, city owned appurtenances and private or public property while engaged in a permit move. The measure of liability shall be the cost of repairing the damaged street or roadway improvements or facility partially damaged or the depreciated replacement cost of said roadway improvement or facility damaged beyond repair together with all other expenses incurred by the authorities in control of said street or roadway improvements in providing a temporary detour, including a temporary structure, to serve the needs of traffic during the period of repair or replacement of the damaged roadway improvement or street.
(B) The permittee shall indemnify and hold harmless the city and members of the Police Department from any costs, judgments or settlements, including attorneys' fees, arising from physical injuries, including loss of life, or damage to or loss of property related to acts or omissions by permittee, its officers, agents, or employees pursuant to the permit.
(C) Upon application for a permit each applicant shall provide evidence of a valid comprehensive general liability insurance police, with an insurance company approved by the city, for protection against personal injury or property damage in the amount of $1,000,000 per occurrence. The city shall be listed as a certificate holder on the policy.
(D) Any person driving any motor vehicle upon any street within the O'Fallon corporate limits without a permit as required by § 75.31, as well as the driver's employer, shall be liable for any damage which said street or appurtenant roadway improvements may sustain as a result of any operation, driving or moving of such vehicle exceeding the maximum weight specified in this section. The measure of damage shall be as defined in division (A) above.
(Ord. 3848, passed 11-3-2014; Ord. 3936, passed 6-6-2016)