12.28.090 Insurance and indemnity requirements – Exemptions – Liability agreements.
A. The Director of Public Works or City Engineer may require submission of evidence of liability insurance which has been approved by the City Attorney, executed and delivered by a reliable insurance company authorized to carry on an insurance business in the state, by the terms which said insurance company assumes responsibility for injuries to persons and property on behalf of its policy holder(s) as a result of constructing the work and/or storing materials in the street as set forth in the permit. The insurance, when required, will endorse City as an additional insured, and shall be in the following amounts:
1. Five hundred thousand dollars for property damage;
2. One million dollars for death or injuries to any person/entity in any one occurrence;
3. Two million dollars for death or injuries to two or more parties in any one occurrence.
B. Governmental agencies, including the state of California and its political subdivisions, shall not be required to provide the insurance required by this section, but shall be required to indemnify, defend, and hold the City harmless as provided in subsection (D) of this section.
C. Any permittee for whom insurance requirements have been waived shall be required to hold harmless and defend the City, its elective and appointive boards, officers, agents and employees, from any liability for damage or claims for damage for personal injury, including death, as well as from claims which may arise from the permittee, or any subcontractors or agents or employees thereof, in performing under the permit.
D. To the maximum extent allowed by law, the City shall not incur or assume any direct or indirect liability to any permittee or third party as a result of having issued an encroachment permit pursuant to this chapter, or otherwise approving any encroachment in the public right-of-way. As a condition to the issuance of any encroachment permit, the permittee and its agents, employees, invitees, contractors, and any other persons or entities under permittee’s control, shall be liable for and shall indemnify, protect, defend (at permittee’s sole cost and expense), and hold harmless the City, and its officers, officials, employees, representatives, and agents from any and all claims, losses, damages, injuries, liabilities, or losses that arise out of, are connected with, or that are in any way related to the City’s issuance of an encroachment permit or permittee’s use of or encroachment into the public right-of-way. (Ord. 3508 § 10, 2021; Ord. 1510 § 2, 1973; Ord. 1240 § 5; prior code § 27.308).