1028.41 INSURANCE.
(a) Service Provider Insurance. As a condition of the consent to Occupy or Use the Public Right-of-Way, a Service Provider must secure and maintain, at a minimum, the following liability insurance policies insuring both the Service Provider and the City, and its elected and appointed officers, officials, agents, employees and representatives as additional insureds:
(1) Comprehensive general liability insurance with limits not less than
A. Two million dollars ($2,000,000) for bodily injury or death to each Person;
B. Two million dollars ($2,000,000) for property damage resulting from any one accident; and
C. Two million dollars ($2,000,000) for all other types of Liability.
(2) Automobile liability for owned, non-owned and hired vehicles with a limit of two million dollars ($2,000,000) for each Person and three million dollars ($3,000,000) for each accident.
(3) Worker’s Compensation within statutory limits and employer’s liability insurance with limits of not less than one million dollars ($1,000,000).
(4) Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than three million dollars ($3,000,000).
(b) The liability insurance policies required by this section shall be maintained by the Service Provider throughout the period of time during which the Service Provider is Occupying or Using the public Right-of-Way, or is engaged in the removal of its Facilities. Each such insurance policy shall contain the following endorsement:
“It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until ninety (90) days after receipt by the City, by registered mail, of a written notice addressed to the City Manager of such intent to cancel or not to renew.”
(c) Within sixty (60) days after receipt by the City of said notice, and in no event later than thirty (30) days prior to said cancellation, the Service Provider shall obtain and furnish to the City replacement insurance policies meeting the requirements of this section.
(d) Upon written application to, and written approval by, the City Manager, a Service Provider may be self-insured to provide all of the same coverages as listed in this section; except that all coverages for Workers’ Compensation shall be in compliance with State law. No approval for self- insurance shall be given until the City Manager has made a complete review of the Service Provider’s financial ability to provide such self-insurance. As part of the review process, the City Manager may require, and the self- insurance applicant shall provide, any and all financial documents necessary to make a valid determination of the applicant’s ability to meet the needs of this chapter. (Ord. 08-22. Passed 7-3-08.)