(A) Upon and after application, the permittee of a permit under this Article shall procure and thereafter continuously maintain for as long as any permit in its favor remains in effect, at the permittee's expense, commercial general liability insurance per ISO form or its equivalent with a limit of at least two million dollars ($2,000,000) per occurrence and at least two million dollars ($2,000,000) general aggregate for bodily injury (including death) and property damage, including explosion, collapse and underground property damage. Upon receipt of notice from its insurer(s), the permittee shall provide the City with thirty (30) days prior written notice of any prospective cancellation of the policy, unless the required coverage is immediately replaced. A certificate of insurance shall be provided with the application. The policy shall be available for review by the City upon request. The policy shall include the City as additional insured as its interest may appear under this Article.
(B) Upon and after application, the permittee of a permit (or its general contractor) located on right-of-way or other City property shall provide and maintain in effect a bond naming permittee (or its general contractor) as obligor, with a surety, in favor of the City, in the minimum amount of fifty thousand dollars ($50,000), to cover all permitted sites of the permittee. The surety of the bond shall be a surety company licensed to do business in Nebraska. The bond shall be conditioned:
(1) That the permittee and its successors or assigns shall indemnify, defend, and hold the City harmless from all claims, costs, damages, demands, suits, judgments, and court costs and costs of defense, including attorney fees, which arise out of, in whole or in part, the permittee's acts or omissions pursuant to its permit or this Article, or which arise out of, in whole or in part, the installation, construction, operation, or maintenance of the permittee's facilities, whether or not any act or omission complained of is authorized, allowed, or prohibited by the permit or this Article;
(2) For the maintenance of the sidewalk or public right-of-way;
(3) For the compliance with all applicable laws regarding the permitted facilities and the use of the City right-of-way or other property; and
(4) For the return of the sidewalk, street, right-of-way or other public property to its condition prior to the permit. (Ord. No. 1067, 6/1/21)