§ 28-220. Insurance.

(a)

Right-of-way users shall furnish an original completed certificate of insurance or the city's standard certificate of insurance form to the city's finance department, purchasing division, building development services and risk management division which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. The original certificate(s) or form(s) must have the agent's original signature, including the signer's company affiliation, title and phone number, and be mailed directly from the agent to the city. The city shall have no duty to pay or perform under this ordinance until such certificate shall have been delivered to the city's finance department, and building development services department, and no officer or employee, other than the city's risk manager, shall have authority to waive this requirement.

(b)

The city reserves the right to review the insurance requirements of this section to modify insurance coverage and their limits when deemed necessary and prudent by the city's risk manager based upon changes in statutory law, court decisions, or circumstances surrounding this ordinance, but in no instance will the city allow modification whereupon the city incur increased risk.

(c)

Subject to the right-of-way user's right to maintain reasonable deductibles in such amounts as are approved by the city, right-of-way users shall obtain and maintain in full force and effect for the duration of the permit and any extension thereof and/or duration of time it maintains facilities in the public right-of-way, at the right-of-way user's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the state and rated A-or better, in the following types and amounts:

TYPE			AMOUNT
1.		Worker's Compensation Employer's Liability	Statutory $1,000,000.00/$100,000.00/$1,000,000.00
2.		Commercial General (Public) Liability Insurance to include coverage for the following:
	a)	Premises/Operations	Bodily Injury and Property Damage of $2,000,000.00 per occurrence $5,000,000.00; general aggregate or its equivalent in umbrella or excess liability coverage.
	b)	Independent Contractors
	c)	Products/Completed Operations
	d)	Contractual Liability
	e)	Personal Injury
	f)	Explosion, Collapse, Underground
	g)	Broad from Property Damage, to Include Fire Legal Liability
* 3.	Business Automobile Liability		Combines single limit for bodily injury and property damage of $1,000,000.00 per occurrence or its equivalent.
	a)	Owned/Leased Vehicles
	b)	Nonowned Vehicles
	c)	Hired Vehicles
* 4.	Professional Liability (Claims made from)		$1,000,000.00 per claim to pay on behalf of the insured all sums which the Insured shall become legally obligated to pay as damages by Reason of any act, malpractice, error or omission in professional services.
* 5.	Contractor's Pollution Liability Coverage		$1,000,000.00 written on a claim made from with a two-year extended reporting period.
* 6.	Pollution Liability Motor Carrier and Trucker Coverage Endorsing the Upset, Overturn and Remediation of a Load in Transport.		$1,000,000.00 per occurrence written on an occurrence form. Combined single limit for bodily injury and property damage.
* If applicable

 

(d)

The city shall be entitled, upon request and without expense, to receive copies of the policies and all endorsements thereto as they apply to the limits required by the city, and may make a reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations or exclusion (except where policy revisions are established by law or regulation binding upon either of the parties hereto or the underwriter of an such policies). Upon such request by the city, the rights-of-way user shall exercise reasonable effort to accomplish such changes in policy coverage, and shall pay the cost thereof.

(e)

Right-of-way users shall ensure that all insurance contracts and certificate(s) of insurance contain the following required provisions.

• Name and city and its officers, employees, volunteers, agents, and elected representatives as additional insured's with respect to the operations and activities of, or on behalf of, the named insured performed in the right-of-way under provision of this article, with the exception of the professional liability, worker's compensation and liability policy; and

• Right-of-way user's insurance shall be deemed primary with respect to any insurance or self-insurance carried by the city; and

• Provide for an endorsement that the "other insurance" clause shall not apply to the city where the city is an additional insured shown on the policy; and

• Worker's compensation and employer's liability will provide for a waiver of subrogation in favor of the city.

(f)

Right-of-way user shall notify the city in the event of any notice of cancellation, nonrenewal or material change in coverage and shall give such notices not less than thirty (30) days prior to the change, or ten (10) days' notice for cancellation due to nonpayment of premiums, which notice must be accompanied by a replacement certificate of insurance. All notices shall be given to the city at the following address:

City of Laredo	City of Laredo
Building Development Services Dept.	City Secretary
1120 San Bernardo Ave.	1110 Houston
Laredo, TX	Laredo, TX

 

(g)

Nothing herein contained shall be construed as limiting in any way the extent to which the right-of-way user may be held responsible for payments of damages to persons or property resulting from the right-of-way user's or its subcontractors performance of the work performed in the public right-of-way. Any subcontractor hired by the right-of-way user shall maintain insurance coverage equal to that of the right-of-way user. It is the responsibility of the right-of-way user to assure compliance with this provision. The city accepts no responsibility arising from the conduct, or lack of conduct of the subcontractor.

(h)

The city-owned utilities and city public works departments shall not be required to provide the insurance specified herein.

(i)

With respect to the right-of-way user's obligation to comply with the requirements for commercial general (public) liability insurance coverage to include pollution coverage, the city may allow the right-of-way user to self-insure upon annual production of evidence that is satisfactory that is satisfactory to the city's risk manager. With respect to the right-of-way user's obligation to comply with the requirements for automobile liability insurance and for worker's compensation insurance, a right-of-way user may self-insure, provided the right-of-way user tenders satisfactory evidence of self insurance as contemplated by the state motor vehicle financial responsibility law, V.T.C.A., Transportation Code § 601.124, and the Texas Worker's Compensation Act, V.T.C.A., Labor Code § 407.001 et. seq.

(Ord. No. 2009-O-045, 4-6-09)