12.15.380 Insurance.
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. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII, and permittee shall furnish the city with original certificates and a copy of the amendatory endorsements, including the additional insured endorsement, evidencing the insurance requirements of the permittee before issuance of the permit.
(1) The permittee shall provide a certificate of insurance evidencing:
(a) 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.
(b) 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. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01.
(2) The public works director 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.
(3) The city shall be named as an additional insured on the CGL insurance policy, including products-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 or substitute endorsement providing equivalent or better coverage, naming the city as additional insured, shall be attached to the certificate of insurance. The permittee’s commercial general liability insurance policy or policies are to contain, or be endorsed to contain, that they shall be primary insurance as respects the city. Any insurance, self-insurance, or self-insured pool coverage maintained by the city shall be excess of the permittee’s insurance and shall not contribute with it.
(4) The city shall have the right to require the permittee to produce complete, certified copies of all required insurance policies at any time.
(5) In the event that any insurance policy required by this chapter is canceled, the permittee shall have two business days after learning of the cancellation to give notice to the city.
(6) 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. 530 § 2, 2018)