[Ord. No. 1527 §1, 8-7-2006]
Unless a ROW user has twenty-five million dollars ($25,000,000.00)
in net assets and does not have a history of non-compliance or permitting
non-compliance within the City, then the ROW user shall file with
the City evidence of liability insurance with an insurance company
licensed to do business in Missouri. The ROW user shall provide all
information to the City necessary to determine the amount of net assets
of the ROW user. The amount of insurance shall be in amounts sufficient
to protect the City against all liabilities not protected by the State
of Missouri's sovereign immunity Statute. The insurance will protect
the City from and against all claims by any person whatsoever for
loss or damage from personal injury, bodily injury, death or property
damage arising out of or alleged to have arisen out of the negligent
or willful acts or omissions of the ROW user. If the ROW user is self-insured,
it shall provide the City proof of compliance regarding its ability
to self-insure and proof of its ability to provide coverage in the
above amounts. A copy of the liability insurance certificate must
be on file with the City Clerk. No liability insurance will be required
of any residential property owner excavating or working in the right-of-way
adjacent to his/her residence who does not utilize a contractor to
perform the excavation or work. However, said residential property
owner shall be required to demonstrate proof of a homeowner's policy
with coverage and limits acceptable to the City Inspector. For purposes
of this Section, "history of non-compliance or permitting
non-compliance within the City" shall mean the ROW user or
any persons acting on the behalf of the ROW user, including contractors
or subcontractors, has failed to return the public right-of-way to
its previous condition under a previous right-of-way permit.
[Ord. No. 1527 §1, 8-7-2006]
A.
If
a ROW user has twenty-five million dollars ($25,000,000.00) in net
assets and does not have a history of non-compliance or permitting
non-compliance within the City, then the ROW user shall not be required
to maintain a performance or maintenance bond. The ROW user shall
provide all information to the City necessary to determine the amount
of net assets of the ROW user. For purposes of this Section, "history of non-compliance or permitting non-compliance within the
City" shall mean the ROW user or any persons acting on the
behalf of the ROW user, including contractors or subcontractors, has
failed to return the public right-of-way to its previous condition
under a previous right-of-way permit.
B.
If it is determined pursuant to Subsection (A) of this Section that a ROW user does not have twenty-five million dollars ($25,000,000.00) in net assets or does have a history of non-compliance or permitting non-compliance within the City, then the ROW user shall:
1.
Maintain a performance bond in a form approved by the City Attorney.
The amount of the bond will be five thousand dollars ($5,000.00) or
the value of the restoration, whichever is greater, as determined
by the City Inspector for a term consistent with the term of the right-of-way
permit, conditioned upon the ROW user's faithful performance of the
provisions, terms and conditions conferred by this Article.
2.
Maintain a maintenance bond in a form approved by the City Attorney.
The amount of the bond will be five thousand dollars ($5,000.00) or
the value of the restoration, whichever is greater, as determined
by the City Inspector for a term consistent with the term of the right-of-way
permit plus four (4) additional years conditioned upon the ROW user's
faithful performance of the provisions, terms and conditions conferred
by this Article.
C.
In
the event the City shall exercise its right to revoke the right-of-way
permit as permitted herein, then the City shall be entitled to recover
under the terms of said bonds the full amount of any loss occasioned.
A copy of the maintenance and performance bonds must be on file with
the City Clerk. No maintenance or performance bond will be required
of any residential property owner excavating or working in the right-of-way
adjacent to his/her residence who does not utilize a contractor to
perform the excavation or work.
[Ord. No. 1527 §1, 8-7-2006]
Any person operating under the provisions of this Article or
performing any excavation or work in the right-of-way shall fully
indemnify, release, defend and hold harmless the City and agents of
the City when acting in their capacity as municipal officials, employees,
elected officials, attorneys and agents from and against any and all
claims, demands, suits, proceedings and actions, liability and judgment
by other persons for damages, losses, costs and expenses, including
attorney fees, to the extent caused by acts or omissions of the person
or its agents, contractors or subcontractors in the performance of
the permitted excavation or work. Nothing herein shall be deemed to
prevent the City or any agent from participating in the defense of
any litigation by their own counsel at their own expense. Such participation
shall not under any circumstances relieve the person from its duty
to defend against liability or its duty to pay any judgment entered
against the City or its agents. All ROW users shall be responsible
for promptly correcting acts or omissions by any contractor or subcontractor
performing permitted excavation or work for such ROW user hereunder.
[Ord. No. 1527 §1, 8-7-2006]
Any person operating under the provisions of this Article or
performing any excavation or work in the right-of-way shall fully
indemnify, release, defend and hold harmless the City and agents of
the City when acting in their capacity as municipal officials, employees,
elected officials, attorneys, contractors and agents from and against
any and all claims, demands, suits, proceedings and actions, liability
and judgment by other persons for contractual or economic losses,
damages, costs and expenses, including attorney fees, to the extent
caused by failure of a ROW user or its agents, contractors or subcontractors
to relocate or adjust its facilities pursuant to the provisions of
this Article.
[Ord. No. 1527 §1, 8-7-2006]
Any person operating under the provisions of this Article or
performing any excavation or work in the right-of-way shall be liable
for any damages to facilities due to excavation or work performed
by the person, including damage to underground facilities that have
been properly identified prior to commencement of excavation or work.
Any person operating under the provisions of this Article or performing
any excavation or work in the right-of-way shall fully indemnify,
release, defend and hold harmless the City and agents of the City
when acting in their capacity as municipal officials, employees, elected
officials, attorneys, contractors and agents from and against any
and all claims, demands, suits, proceedings and actions, liability
and judgment by other persons for damages, losses, costs and expenses,
including attorney fees, associated with damage to the facilities
of other ROW users by a person or its agents, contractors or subcontractors.
[Ord. No. 1527 §1, 8-7-2006]
Any ROW user may satisfy the insurance, bonding and indemnification
provisions of this Article through a valid franchise agreement with
the City. Any requirements thus satisfied shall be indicated on the
ROW user's registration and shall not be required for each right-of-way
permit. This Section shall not apply to an applicant acting on behalf
of a ROW user, unless the applicant is listed as an additional insured
on the ROW user's insurance policy and is covered by the surety. The
applicant must submit evidence of the satisfaction of these requirements
prior to issuance of a right-of-way permit.
