A. Commercial General Liability Insurance Written on an Occurrence Basis. The insurance policy shall be endorsed to provide a per project general aggregate and there shall be no exclusions for liability arising from explosion, collapse or underground property damage. The policy shall have limits not less than:

B. Automobile liability insurance covering all owned, nonowned, hired and leased vehicles with a minimum combined single limit for bodily injury and property damage of two million dollars per accident.

C. Worker’s compensation within statutory limits and employer’s liability insurance with limits of not less than one million dollars. Grantee may satisfy this requirement by being a qualified self insurer.

D. Pollution liability insurance shall be in effect throughout the entire franchise term, with a limit of not less than one million dollars per occurrence, and two million dollars in the aggregate.

E. Excess or umbrella liability policy shall be excess over and at least as broad in coverage as the commercial general liability and automobile liability insurance with limits not less than five million dollars per occurrence and annual aggregate.

F. The liability insurance policies required by this section shall be maintained by the grantee throughout the term of the franchise, and such other period of time during which the grantee is operating without a franchise, or is engaged in the removal of its telecommunications facilities. The insurance policies shall include the city and its elected and appointed officers, officials, agents, employees, representatives, engineers, consultants and volunteers as additional insureds. The grantee shall provide a certificate of insurance (COI), together with the additional insured endorsement(s) to the city, upon acceptance of the franchise. Payment of deductibles and self-insured retentions shall be the sole responsibility of the grantee. The insurance required by this section shall apply separately to each insured against whom a claim is made or suit is brought. The grantee’s required insurance shall be primary insurance with respect to the city, its officers, officials, employees, agents, engineers, consultants, and volunteers. Any insurance, self-insurance, or self-insured pool coverage maintained by the city shall be excess of the grantee’s required insurance and shall not contribute with it. Receipt by the city of any certificate or evidence of insurance showing less coverage than required is not a waiver of grantee’s obligations to fulfill the requirements. Grantee may utilize primary and excess liability insurance policies to satisfy the insurance policy limits required in this section. Grantee’s excess liability insurance policy shall provide “follow form” coverage over its primary liability insurance policies.

G. Grantee is obligated to notify the city of any cancellation or intent not to renew any insurance policy required pursuant to this section thirty days prior to any such cancellation. Within fifteen days prior to said cancellation or intent not to renew, grantee shall obtain and furnish to the city replacement insurance policies meeting the requirements of this section. Failure to provide the insurance cancellation notice and to furnish to the city replacement insurance policies meeting the requirements of this section shall be considered a material breach of the franchise.

H. Grantee’s maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the grantee to the coverage provided by such insurance, or otherwise limit the city’s recourse to any remedy available at law or in equity. If the grantee maintains higher insurance limits than the minimums shown above, the city shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by the grantee, irrespective of whether such limits maintained by the grantee are greater than those required by this code or whether any certificate of insurance furnished to the city evidences limits of liability lower than those maintained by the grantee. Further, grantee’s maintenance of insurance policies required by this franchise shall not be construed to excuse unfaithful performance by grantee.

I. Upon approval by the city and based on conditions set by the city in the franchise, the grantee may self-insure under the same terms as required by this section. Further, the public works director may modify these insurance requirements within the franchise as he/she deems necessary to comply with the city’s risk management policies or as otherwise approved by the city’s risk manager; provided, that any such changes provide adequate protection for the city. (Ord. 009/2022 § 3 (Exh. A))