§ 30-42. Indemnification of city and insurance requirements.  


Latest version.
  • (a)

    In addition to any liability imposed upon the permittee by law, a permittee under the provisions of this division shall indemnify and agree to save harmless the city and its elected or appointed officers, agents, boards, commissions, employees and representatives against and from any cost, expense, claim, demand or liability arising out of or in connection with any act or commission or the permittee, his agents and employees, and of any subcontractor, his agents and employees, in the course of the performance of the work under permit which results directly or indirectly in the injury or death of any person or the damage of any property of any person.

    (b)

    The permittee shall take out and maintain during the life of the permit workmen's compensation insurance for all of his employees employed at the site of the project, and, in case any work is sublet, the permittee shall require the subcontractor similarly to provide workmen's compensation insurance for all of the latter's employees, unless such employees are covered by the protection afforded by the permittee. In case any class of employees engaged in hazardous work under this contract at the site of the project is not protected under the workmen's compensation statute, the permittee shall provide, and shall cause each sub contractor to provide protection equal to that required by law for the protection of his employees not otherwise protected.

    (c)

    Except as otherwise provided, any applicant for a permit shall, prior to the issuance of such permit, procure and deliver to the engineering and development department a certificate of insurance covering public liability and property damage issued by an insurance company authorized by the insurance department of the state to transact business in this state, as shall protect the applicant or contractor and any subcontractor performing any work covered by the permit from claims for damages for personal injury, including death, as well as from claims for property damages which may arise from operations under the permit, or by anyone directly or indirectly employed by any of the foregoing. Such certificate shall contain coverage for explosions, collapse and underground operations.

    (d)

    The certificate may be placed on file for each individual permit or a blanket certificate may be filed for an extended period of time. The policy limits of such liability insurance shall contain not less than the following limits of coverage:

    (1)

    Three hundred thousand dollars($300,000.00) for death or bodily injury or loss sustained by any one person per occurrence.

    (2)

    Five hundred thousand dollars ($500,000.00) for death or bodily injury or loss sustained by more than one (1) person per occurrence.

    (3)

    One hundred thousand dollars ($100,000.00) for loss sustained by damage or loss to property occasioned per occurrence.

    (e)

    This insurance policy shall not be cancelled or changed until ten (10) days written notice of cancellation or change has been served on the department of engineering and development. The permittee shall maintain such insurance in full force and effect until all work is complete and the permit has been released.

    (f)

    No insurance policy shall be required as a condition precedent to the issuance of a permit to:

    (1)

    The owner of residential property where he proposes to perform construction in front of his own property;

    (2)

    A county;

    (3)

    A state;

    (4)

    The federal government;

    (5)

    A qualified self-insurer.

(Code 1963, § 26-8)