A. Every person, firm, company, corporation, or organization applying for a permit shall file with the engineering department a policy, true copy thereof, or certificate of insurance, accompanied by an endorsement signed by the underwriter or an authorized representative, as evidence that the applicant has obtained and maintains and shall require all of its subcontractors to maintain the following insurance requirements:
1. Comprehensive general liability coverage with limits of not less than one million dollars ($1,000,000.00) per occurrence. Such insurance shall include coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products and Completed Operations Liability, Broad Form Property Damage (if applicable), Independent Contractor's Liability (if applicable).
2. Commercial automobile liability insurance with a combined single limit of no less than one million dollars ($1,000,000.00) per occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles and shall be provided by a business automobile policy. Applicants whose transportation operations are governed by the public utilities commission shall possess limits as required by the commission.
3. Worker's compensation coverage with statutory limits, and employer's liability insurance with limits of not less than one million dollars ($1,000,000.00) per accident.
4. At sole discretion of the city, projects of significant size, complexity, or cost may have increased liability coverage of more than one million dollars ($1,000,000.00).
B. The contractor shall agree to indemnify and hold the city and its officers, agents, employees, and assigns, harmless from any liability imposed for injury (as defined by Government Code Section 810.8), whether arising before or after completion of the work hereunder or in any manner directly or indirectly caused, occasioned or contributed to, or claimed to be caused, occasioned or contributed to, in whole or in part, by reason of any act or omission, including strict liability or negligence of the contractor, or of anyone acting under the contractor's direction or control or on its behalf, in connection with or incident to or arising out of the performance of this work.
C. It is the intent of the parties that the contractor will indemnify, defend, and hold harmless the city and its officers, agents, employees, and assigns from any and all claims, demands, costs, suits, or actions as set forth above, regardless of the existence of passive concurrent negligence, on the part of the city or anyone acting under its direction or control or on its behalf.
D. It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.
E. This insurance shall not be canceled, limited in scope or coverage, or non- renewed until after thirty (30) days prior written notice has been given to the Engineering Department, 315 E. Acequia, Visalia CA 93292.
F. Franchised public utilities operating under the jurisdiction of the California Public Utilities Commission are exempt from the provisions of this section for work performed by their own forces. (Ord. 2013-07, 2013)