Columbia Liability insurance, performance and maintenance bond requirement ordinance (§ 24-174)

(a) Insurance. Except as provided in this section, each ROW-user shall provide, at its sole expense, and maintain during the term of an agreement or franchise, commercial general liability insurance with a reputable, qualified, and financially sound company licensed to do business in the State of Missouri, and unless otherwise approved by the city, with a rating by Best of not less than "A," that shall protect the ROW-user, the city, and the city's officials, officers, and employees from claims which may arise from operations under an agreement or franchise, whether such operations are by the ROW-user, its officers, directors, employees and agents, or any subcontractors of the ROW-user. This liability insurance shall include, but shall not be limited to, protection against claims arising from bodily and personal injury and damage to property, resulting from all ROW-user operations, products, services or use of automobiles, or construction equipment. The amount of insurance for Single Limit Coverage applying to Bodily and

Personal Injury and Property Damage shall be at least $3,000,000.00, but in no event less than the individual and combined sovereign immunity limits established by RSMo. § 537.610 for political subdivisions; provided that nothing herein shall be deemed to waive the city's sovereign immunity. An endorsement shall be provided which states that the city is listed as an additional insured and stating that the policy shall not be cancelled or materially modified so as to be out of compliance with the requirements of this section, or not renewed without thirty (30) days' advance written notice of such event being given to the director. If the person 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. The insurance requirements in this section or otherwise shall not apply to a ROW-user to the extent and for such period during an agreement or franchise as ROW-user is exempted from such requirements pursuant to RSMo. § 67.1830(6)(a) and has on file with the director an affidavit certifying that ROW-user has twentyfive million dollars ($25,000,000.00) in net assets and is otherwise therefore so exempted unless otherwise provided by agreement or franchise. The city reserves the right to waive any and all requirements under this section when deemed to be in the public interest.

(b) Performance and maintenance bond. Except as otherwise may be required by law for ROW-users who have on file with the director an affidavit certifying that the ROW-user has twenty-five million dollars ($25,000,000.00) in net assets and is otherwise therefore so exempted, the person shall at all times during the term of the permit, and for four (4) years thereafter, maintain a performance and maintenance bond in a form approved by the city counselor. The amount of the bond will be five thousand dollars ($5,000.00) or the value of the restoration as determined by the director, whichever is greater, for a term consistent with the term of the permit plus four (4) additional years, conditioned upon the person's faithful performance of the provisions, terms and conditions conferred by this chapter. Unless otherwise established in the permit, an annual bond in an amount of fifty thousand dollars ($50,000.00) automatically renewed yearly during this period shall satisfy the requirement of this section. The city shall be entitled to recover under the terms of such bond the full amount of any loss and damage occasioned from violation of the permit or provisions of this article.

(c) Proof of compliance. Unless exempt, a copy of a ROW-user's Liability Insurance Certificate and Performance and Maintenance Bond must be on file with the director.