(1) Before a permit is issued, the applicant shall furnish to the City evidence that such applicant has a comprehensive general liability and property damage policy that includes contractual liability coverage endorsed with the following limits and provisions or with such alternative limits and provisions as may be approved by the City:
(a) A minimum of One Million Dollars ($1,000,000.00) combined single limit per occurrence for bodily injury, personal injury, and property damage and not less than One Million Dollars ($1,000,000.00) in the aggregate. The general aggregate limit shall apply separately to the permit, or the general aggregate limit shall be two times the required occurrence limit. The coverage shall be in the nature of Broad from Commercial General Liability coverage. The City Attorney may increase or decrease minimum insurance limits, depending on the potential liability of any project.
(b) All policies shall include the City, its employees, officers, officials, agents, volunteers, and assigns, as insureds. Any reference to the "City" shall include the City, its employees, officers, officials, agents, volunteers, and assigns.
(c) The coverage shall be primary insurance as respects the City, its employees, officers, officials, agents, volunteers, and assigns. Any insurance or self-insurance maintained by the City, its employees, officers, officials, agents, volunteers, and assigns shall be in excess of the permittee's insurance and shall not contribute to or with it.
(d) Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City, its employees, officers, officials, agents, volunteers, and assigns.
(e) Coverage shall state that the permittee's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(f) Underwriters shall have no right of recovery or subrogation against the City, it being the intent of the parties that the insurance policy so affected shall protect both parties and be primary coverage for any and all losses covered by the described insurance.
(g) The insurance companies issuing the policy or policies shall have no recourse against the City for payment of any premiums due or for any assessments under any form of any policy.
(h) Each insurance policy shall be endorsed to state that the coverage shall not be suspended, voided, canceled, or reduced in coverage or in limits, except after thirty (30) days prior written notice by certified mail, return receipt requested sent to the City.
(i) Each policy shall be endorsed to indemnify, save harmless and defend the City and its officers and employees against any claim or loss, damage or expense sustained on account of damages to persons or property occurring by reason of permit excavation done by the permittee, his/her subcontractor or agent, whether or not the excavation has been completed and whether or not the right-of-way has been opened to public travel.
(j) Each policy shall be endorsed to indemnify, hold harmless and defend the City, and its officers and employees against any claim or loss, damage or expense sustained by any person occurring by reason of doing any excavation pursuant to the permit including, but not limited to falling objects or failure to maintain proper barricades and/or lights as required from the time excavation begins until the excavation is completed and right-of-way is opened for public use.
(2) Insurance is to be placed with insurers with an AM Best rating of no less than an A carrier, with a rating of "7" or higher.
(3) The permittee shall furnish the City with certificates of insurance and original endorsements affecting coverage required by the permit. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City expressly reserves the right to require complete, certified copies of all required insurance policies at any time. Consequently, the permittee shall be prepared to provide such copies prior to the issuance of the permit.
(4) If any of the required policies are, or at any time become, unsatisfactory to the City as to form or substance, or if a company issuing any such policy is, or at any time becomes, unsatisfactory to the City, the permittee shall promptly obtain a new policy, submit the same to the City for approval, and thereafter submit verification of coverage as required by the City. Upon failure to furnish, deliver, and maintain such insurance as provided herein, the City may declare the permit to be in default and pursue any and all remedies the City may have at law or in equity, including those actions outlined in this Chapter.
(5) The permittee shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
(6) Any deductibles or self-insured retentions shall be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its employees, officers, officials, agents, volunteers, or assigns, or the permittee shall procure a bond, in a form acceptable to the City, guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
(7) A property owner performing excavation adjacent to his/her residence may submit proof of a homeowner's insurance policy in lieu of the insurance requirements of this Section.
(8) A Provider may be relieved of the obligation of submitting certificates of insurance under the following circumstances:
(a) If such company shall submit satisfactory evidence in advance that:
(i) 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; and
(ii) said coverage provides to the City the same scope of coverage that would otherwise be provided by a separate policy as required by this Chapter; or
(iii) the excavation to be performed under the permit issued to the applicant is to be performed by the City, in which case insurance requirement or other risk transfer issues shall be negotiated between the City and the applicant by separate agreement.
Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 97-63, Enacted, 11/6/1997