§ 1211. Insurance.

A.

Insurance Required. Each ROW occupant and permittee shall carry and furnish proof of insurance of such kinds and with such limits of liability as set forth below:

1.

Owner's and Contractor's Protective Insurance.

a.

An owner's and contractor's protective policy shall be carried, with the City as the named insured and issued by the same insurance company which provides the ROW occupant's or permittee's liability coverage in amounts not less than:

Each occurrence (combined single limit for bodily injury and property damage)	$1,000,000.00
Annual aggregate	$1,000,000.00

 

b.

Statutory Liability Limits. It shall be permissible to endorse limits of liability to conform to the limits of the City's statutory liability as provided in 51 O.S.2001, § 154, as amended, but in no event be less than: (a) Twenty-five Thousand Dollars ($25,000.00) for any claim or to any claimant who has more than one claim for loss of property arising out of a single act, accident or occurrence; b) One Hundred Twenty-Five Thousand Dollars ($125,000.00) to any claimant for a claim for any other loss arising out of a single act, accident or occurrence; and c) One Million Dollars ($1,000,000.00) for any number of claims arising out of a single occurrence or accident.

c.

Punitive or Exemplary Damages. It shall be permissible to exclude coverage for punitive or exemplary damages as pertains to the liability of the City.

d.

Same Insurance Company Requirement. An exception to the "same insurance company requirement" above may be made only if both the owner's and contractor's protective policy and the ROW occupant's or permittee's commercial general liability policy are endorsed with "Waiver of Transfer of Rights of Recovery Against Others to Us," or equivalent, endorsements. Waiver under the ROW occupant's or Permittee's policy shall be in favor of the City and waiver under the owner's and contractor's protective policy shall be in favor of the ROW occupant or permittee.

e.

Coverage for Multiple Projects. It shall be permissible for a ROW occupant or permittee with more than one (1) permit or project to provide a single owner's and contractor's protective policy to the City of Tulsa that contains wording confirming it is applicable to all projects performed by the ROW occupant or permittee in the City's rights-of-way. However, if the amount of the annual aggregate of the owner's and contractor's protective policy is reduced for any reason below One Million Dollars ($1,000,000.00), the City may require an additional owner's and contractor's protective policy or an increase in coverage to any existing policy to supplement coverage to the City in reasonable response to the City's exposure created or influenced by the activities of the ROW occupant or permittee.

f.

Coverage in Lieu of Owner's and Contractor's Protective Policy. In lieu of the requirements of the owner's and contractor's protective policy above, the ROW occupant or permittee shall carry total liability limits of Three Million Dollars ($3,000,000.00) per occurrence and Three Million Dollars ($3,000,000.00) annual aggregate through any combination of primary liability policies and excess liability or umbrella liability policies. All liability policies, except workers' compensation, shall provide that the City's elected and appointed officials, officers, boards, commissions, commissioners, agents and employees shall be additional insureds. Insurance limits required herein shall satisfy the limits of insurance required under A.2, below.

2.

Commercial General Liability Insurance:

	Limits
Each occurrence (combined bodily injury and property damage)	$1,000,000.00
Fire damage (any one (1) fire)	No requirement
Medical expense (any one (1) person)	No requirement
Personal and advertising injury	No requirement
General aggregate	$1,000,000.00
Products-completed operations aggregate	No requirement

 

3.

Automobile Liability Insurance (Owned, Hired and Non-owned Vehicles).

Each Occurrence (combined single limit for bodily injury and property damage)

$1,000,000.00

 

4.

Professional Liability Insurance. A ROW occupant or permittee shall furnish proof of a professional liability insurance policy for its architects, engineers, consultants and other contractors with professional liability exposure and in such kinds and with such limits of liability as set forth below:

Project Category	Minimum Insurance Coverage
Studies and reports	$100,000.00 each claim
	$100,000.00 annual aggregate
Construction projects
Less than $500,000 cost	$100,000.00 each claim
	$100,000.00 annual aggregate
$500,000 to $1,000,000 cost	$250,000.00 each claim
	$250,000.00 annual aggregate
More than $1,000,000 cost	$500,000.00 each claim
	$500,000.00 annual aggregate

 

Insurance written on a "Claims Made" policy form shall be carried for a minimum of two (2) years after the completion of ROW work or for such additional period as may be required by the permit granted. "Tail" coverage may be carried in lieu of ongoing policies.

5.

Workers' Compensation Insurance shall be carried of such kinds and with such limits as required by law.

B.

Self Insurance. A certificate of self-insurance may be presented to the City in lieu of the foregoing insurance requirements. A certificate of self-insurance may be in lieu of a particular insurance requirement or for the insurance requirements as a whole. Self-insurance for workers' compensation obligations must have been approved by the Oklahoma Workers' Compensation Court and self-insurance for automobile liability obligations must have been approved by the Oklahoma Department of Public Safety, Financial Responsibility Division.

C.

Endorsement. All insurance policies and certificates maintained pursuant to this chapter shall contain the following endorsement:

"It is hereby understood and agreed that this insurance coverage may not be canceled by the insurance company nor the intention not to renew be stated by the insurance company until thirty (30) days after receipt by the ROW administrator, by certified mail, return receipt requested, of a written notice of such intention to cancel or not to renew. If cancellation is for nonpayment of premium, then such notice shall not be less than ten (10) days, or as otherwise required by law."

For those companies that do not comply with the "Endorsement" requirement set forth above, the City shall require a valid certificate of insurance be delivered to the ROW administrator every thirty (30) days to prove that the required insurance has not been canceled.

D.

Qualifications of Insurance Companies. All insurance policies required to be maintained by a ROW occupant or permittee shall be with an insurance company qualified to do business in the state of Oklahoma, with a B++VII or better rating of insurance by Best's Key Rating Guide, Property/Casualty Edition.

E.

Approval. All certificates of insurance, indemnification agreements and bonds executed to the City shall be provided to the ROW administrator, who shall ascertain whether the insurance company or surety is authorized to do business in the state of Oklahoma, then submitted to the City Attorney for approval as to form, then submitted to the Mayor for approval.

F.

Additional Insured. All liability insurance policies, except workers' compensation, shall name the City, its elected and appointed officials, officers, boards, commissions, commissioners, agents and employees as additional insured. The owner's and contractor's protective liability insurance shall insure the City of Tulsa against any and all actions, claims, judgments or demands arising from damages and/or injuries of any kind and character sustained by any person or persons because of work performed by the contractor.

G.

Cancellation and Penalty. No ROW occupant or permittee shall cancel or reduce coverage of any insurance required herein without first delivering proof to the ROW administrator of alternative insurance which complies with this chapter. Failure to satisfy the insurance requirements herein shall subject the ROW occupant or permittee to an administrative penalty not to exceed Five Hundred Dollars ($500.00) per each uninsured day.

(Ord. Nos. 19945, 20956)