A permittee shall procure and maintain for the duration of the permitted operation insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the permittee, their agents, representatives, employees or subcontractors.
The permittee shall provide a certificate of insurance evidencing:
Commercial general liability (CGL) insurance written on an occurrence basis with limits no less than $1,000,000 per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and property damage, along with a $2,000,000 products-completed operations aggregate limit. Coverage shall include but not be limited to: contractual; property damage; explosion, collapse and underground (XCU) if applicable; and stop gap (employer's) liability.
Automobile liability insurance covering all owned, nonowned, hired and leased vehicles. Coverage should be written with a minimum combined single limit for bodily injury and property damage of $1,000,000 per occurrence.
The contractor shall provide a pollution liability policy, providing coverage for claims involving bodily injury, property damage (including loss of use of tangible property that has not been physically injured), clean-up costs, remediation, disposal or other handling of pollutants, including costs and expenses incurred in the investigation, defense, or settlement of claims arising out of:
Contractor's operations related to this project; and/or
Remediation, abatement, repair, maintenance or other work with lead-based paint or materials containing asbestos; and/or
Transportation of hazardous materials away from any site related to this project.
Such pollution liability policy shall provide the following minimum coverage:
One million dollars each loss and annual aggregate.
The city engineer may, in his or her discretion, require additional amounts or types of insurance sufficient to cover potential claims for bodily injury, death, or disability, and/or property damage. This shall be determined prior to issuance of a permit, based upon the use proposed by the applicant, in order to reasonably protect the city's interests and the health, safety, and welfare of the public.
The city shall be named as an additional insured on the CGL insurance policy, including product/completed operations, as respects work performed by or on behalf of the permittee, and a copy of endorsement ISO Additional Insured – State or Political Subdivisions – Permit CG 20 12 05 09 or substitute form providing equivalent or better coverage, naming the city as additional insured, shall be attached to the certificate of insurance.
The city shall have the right to require the permittee to produce complete, certified copies of all required insurance policies at any time.
In the event that any insurance policy required by this chapter is cancelled, the permittee shall have two business days after learning of the cancellation to give notice to the city.
After learning that the permittee has failed to maintain insurance as required by this chapter, the city may, after giving five business days' notice to the permittee, immediately terminate the permit or, in its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums expended repaid to the city upon demand.
(Ord. 1935 § 1, 2016)