A. Each owner or permittee shall maintain in full force and effect, throughout the term of the permit, an insurance policy or policies issued by an insurance company or companies authorized to do business in the state and rated either: 1) "A-", or better, or 2) listed in the U.S. treasury department's then current listing of approved sureties by A.M. Best Company at the time the permit is issued. Policy or policies shall afford insurance covering all operations, vehicles, and employees, as follows:
1. Workers' compensation insurance and employers' liability insurance providing statutory benefits.
2. Commercial general liability insurance with limits not less than two hundred fifty thousand dollars ($250,000.00) each occurrence combined single limit for bodily injury and property damage, including contractual liability; personal injury; explosion, collapse, and underground (xcu); products; and completed operations.
3. Business automobile liability insurance with limits not less than two hundred fifty thousand dollars ($250,000.00) each occurrence combined single limit for bodily injury and property damage, including owned, nonowned, and hired auto coverage, as applicable;
Notwithstanding the minimum insurance limits set forth above, insurance limits shall not be less than the then applicable statutory governmental immunity limit. The city engineer, with the concurrence of the city attorney, may increase the minimum insurance limits as to any permit as the best interests of the city may dictate, based on a balancing of the risks and benefits.
B. Said policy or policies shall include the city and its officers and employees jointly and severally as additional insureds (except for workers' compensation insurance), shall apply as primary insurance, shall stipulate that no other insurance affecting the city will be called on to contribute to a loss covered thereunder, and shall provide for severability of interests. Said policy or policies shall provide that an act or omission of one insured, which would void or otherwise reduce coverage, shall not reduce or void the coverage as to any other insured. Said policy or policies shall afford full coverage for any claims based on acts, omissions, injury, or damage which occurred or arose, or the onset of which occurred or arose, in whole or in part, during the policy period. Said policy or policies shall be endorsed to provide thirty (30) calendar days' advance written notice of cancellation or any material change to the city engineer.
C. Should any of the required insurance be provided under a claims made form, the insured owner or permittee shall maintain such coverage continuously throughout the term of the permit, and without lapse, for a period of three (3) years beyond the expiration or termination of the permit, to the effect that, should occurrences during the term of the permit give rise to claims made after expiration or termination of the permit, such claims shall be covered by such claims made policies.
D. Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general aggregate limit shall be double the occurrence or claims limits specified above in subsection A of this section.
E. Such insurance shall in no way relieve or decrease permittee's and owner's obligation to indemnify the city under subsection 14.32.060B of this chapter or any other provision of this chapter.
F. Certificates of insurance, in the form satisfactory to the city engineer, evidencing all coverages above, shall be furnished to or maintained on file with the city engineer before issuance of a permit, with complete copies of policies furnished promptly upon the city engineer's request.
G. A property owner performing work adjacent to his/her residence may submit proof of a homeowner's insurance policy in lieu of the insurance requirements of this section.
H. A public utility company may be relieved of the obligation of submitting certificates of insurance if such company shall submit satisfactory evidence in advance that it is insured in the amounts set forth in this chapter, or has complied with state requirements to become self-insured. Public utilities may submit annually evidence of insurance coverage in lieu of individual submissions for each permit.
I. The city engineer, with the concurrence of the city attorney, may modify the insurance requirements set forth above as they pertain to a particular permit, as the best interests of the city may dictate, based on a balancing of the risks and benefits. (Ord. 70-99 § 1, 1999)