Except
as provided in this Section, each contractor or utility owning, controlling,
leasing, maintaining, using or installing facilities within the right-of-way
shall provide, at its sole expense, and maintain during the term of
an agreement, commercial general liability insurance with a reputable,
qualified, and financially sound company licensed to do business in
the State of Missouri that shall protect the permittee, the City,
and the City's officials, officers, and employees from claims which
may arise from operations under an agreement, whether such operations
are by the permittee, its officers, directors, employees and agents,
or any subcontractors of the permittee. This liability insurance,
shall include, but shall not be limited to, protection against claims
arising from bodily and personal injury and damage to property, resulting
from all permittee operations, products, services or use of automobiles,
or construction equipment. The amount of insurance for single limit
coverage applying to bodily and personal injury and property damage
shall be in no event less than the individual and combined sovereign
immunity limits established by Section 537.610, RSMo., for political
subdivisions; provided that nothing herein shall be deemed to waive
the City's sovereign immunity. An endorsement shall be provided which
states that the City is listed as an additional insured with full
and equivalent coverage as the uncured under the insured's policy
and duty of defense by insurer to the City, and stating that the policy
shall not be cancelled or materially modified so as to be out of compliance
with the requirements of this Section, or not renewed without thirty
(30) days' advance written notice of such event being given to the
City Clerk. A copy of the policy shall be provided to the City upon
request. If the person is self-insured, it shall provide the City
proof of compliance regarding its ability to self-insure and proof
of its ability to provide coverage in the above amounts. Any self-insurance
or deductible above fifty thousand dollars ($50,000.00) must be declared
to and pre-approved by the City. The insurance requirements in this
Section or otherwise shall not apply to a permittee to the extent
and for such period during an agreement as permittee is exempted from
such requirements pursuant to Section 67.1830(6)(a), RSMo., and has
on file with the City Clerk an affidavit certifying that permittee
has twenty-five million dollars ($25,000,000.00) in net assets and
is otherwise, therefore, so exempted unless otherwise provided by
agreement. The City reserves the right to waive any and all requirements
under this Section when deemed to be in the public interest.