§ 14-58. Utility service provider and contractor insurance requirements.

(a)

All utility service providers and contractors shall provide, pay for and maintain satisfactory to the city, the types of insurance described herein. All insurance shall be from responsible companies duly authorized to do business in the state of Florida and having a rating in Best's Insurance Guide of A or better, or having a rating acceptable to the city. All liability policies shall provide that the city is an additional insured in the endorsement. Thirty (30) days' advance written notice by registered or certified mail must be given to the city of any cancellation, intent not to renew, or reduction in the policy coverages. As evidence of compliance with the insurance required herein, the utility service provider or contractor shall furnish the city with a fully completed satisfactory certificate of insurance evidencing all coverage required. Also, the utility service provider or contractor shall provide a copy of the actual additional insured endorsement as issued on the commercial general liability policy, signed by an authorized representative of the insurer(s) verifying inclusion of the city and its members, officials, officers and employees as additional insureds in the commercial general liability coverage. Such documents shall be filed and maintained with the city annually. In addition to the certificate of insurance, the utility service provider or contractor shall provide a copy of the insurance policy, if requested by the city.

(b)

The limits of coverage of insurance required shall be not less than the following:

(1)

Worker's compensation and employer's liability. Insurance employer's liability: Such insurance shall be no more restrictive than that provided by the Standard Workers' Compensation Policy, as filed for use in Florida by the National Council on Compensation Insurance, without restrictive endorsements. The minimum amount of coverage (inclusive of any amount provided by an umbrella or excess policy) shall be:

Part One:	"Statutory"
Part Two:	$1,000,000.00	(Each Accident)
	$1,000,000.00	(Disease—Policy Limit)
	$1,000,000.00	(Disease—Each Employee)

 

The workers' compensation policy must be endorsed to waive the insurer's right to subrogate against the city and the city's board members, officials, officers, agents and employees in the manner which would result from the attachment of the NCCI Waiver of Our Right to Recover from Others Endorsement (Advisory Form WC 00 03 13) with city and the city's board members, officials, officers, agents and employees scheduled thereon.

(2)

Comprehensive general liability. Such insurance shall be no more restrictive than that provided by the most recent version of standard Commercial General Liability Form (ISO Form CG 00 01) as filed for use in the State of Florida without any restrictive endorsements, other than those required by ISO or the State of Florida. Said coverage shall not exclude contractual liability, products/completed operations, independent or contractors. The city, and its members, officials, officers and employees shall be included as "additional insureds" on a form no more restrictive than the latest edition of ISO Form CG 20 10 (Additional Insured—Owners, Lessees, or Contractors—Scheduled Person or Organization Endorsement). The minimum limits (inclusive of amounts provided by an umbrella or excess policy) shall be:

General Aggregate	$3,000,000.00
Products/Completed Operations Aggregate	$3,000,000.00
Personal and Advertising Injury	$3,000,000.00
Each Occurrence	$3,000,000.00

 

The insurance provided by the utility service provider or contractor securing the right-of-way use permit shall apply on a primary basis. Any insurance, or self-insurance, maintained by the city shall be excess of, and shall not contribute with, the insurance provided by the utility service provider or contractor.

(3)

Automobile liability. Such insurance shall be no more restrictive than that provided by Section II (Liability Coverage) of the most recent version of standard Business Auto Policy (ISO Form CA 00 01) without any restrictive endorsements, including coverage for liability contractually assumed. The policy shall cover all owned, non-owned, and hired autos used in connection with the performance of the work. The minimum limits (inclusive of any amounts provided by an umbrella or excess policy) shall be:

Each Occurrence Bodily Injury and
Property Damage Liability Combined        $3,000,000.00

 

(4)

Umbrella or excess liability. The utility service provider or contractor may satisfy the minimum limits required above for either commercial general liability, business auto liability and employer's liability coverage under umbrella or excess liability. The umbrella or excess liability shall have an aggregate limit not less than the highest "each occurrence" limit for commercial general liability, business auto liability or employer's liability. The city shall be specifically endorsed as an "additional insured" on the umbrella or excess liability, unless the certificate of insurance states the umbrella or excess liability provides coverage on a "follow-form" basis.

(5)

Self-insurance. The utility service provider or contractor may satisfy the insurance requirements and conditions of this division under a self-insurance plan and/or retention if acceptable to the city in its sole discretion based on the city's evaluation of the utility service provider or contractor's ability to comply with the city Code. The utility service provider or contractor agrees to notify the city, and/or indicate on the certificate(s) of insurance when self-insurance is relied upon or when a self-insured retention meets or exceeds one hundred thousand dollars ($100,000.00). The city reserves the right, but not the obligation, to request and review a copy of the utility service provider or contractor's most recent annual report or audited financial statement, which the utility service provider or contractor agrees to furnish for the purpose of determining the utility service provider or contractor's financial capacity to self-insure.

(c)

Right to review. City, by and through its risk manager, reserves the right to review, modify, reject or accept any required policies of insurance or self-insurance, including limits, coverages, or endorsements herein from time to time throughout the life of this division. City reserves the right, but not the obligation, to review and reject any insurer or self-insurer providing coverage because of its poor financial condition or failure to operate legally.

(d)

This article shall not be construed to affect in any way the city's rights, privileges and immunities as set forth in F.S. § 768.28. Insurance under this division shall run continuously with the presence of the utility service provider or contractor's facilities in the public rights-of-way, and any termination or lapse of such insurance shall be a violation of this article. Notwithstanding the foregoing, the city may, in its sole discretion, require increased or decreased levels of insurance.

(Ord. No. 18-16 , § 2, 11-13-18)