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Label:
City code section
(Amended by Ordinance 192006, effective January 10, 2025.)
- A. Insurance. Work will not commence until all insurance requirements listed below have been met and certificates have been approved by the City Attorney and filed with the Bureau. All required insurance must be issued by companies or financial institutions with an AM Best rating of A- or better that are dully authorized to do business in the State of Oregon.
- 1. Insurance certificate. As evidence of the required insurance coverage, a licensee will furnish compliant insurance certificates, including required endorsements, to the City. The certificates will list the City as a Certificate Holder. There will be no cancellation of the insurance without 30 calendar days’ prior written notice to the City. If the insurance is cancelled or terminated prior to the end of a license, the licensee will provide a new policy with the required coverage. Failure to maintain insurance as required may be considered a breach of the license.
- 2. Additional insureds. The coverage will apply as to claims between insureds on the policy. The insurance will be without prejudice to other coverage. For liability coverage, the insurance certificate will list the City as a certificate holder and include as additional insureds “the City of Portland, Oregon, and its officers, employees, and agents” and an endorsement to the liability policy will confirm the listing of the City as an additional insured. Notwithstanding the listing of additional insureds, the insurance will protect each additional insured in the same manner as though a separate policy had been issued to each, but nothing herein will operate to increase the insurer’s liability as set forth elsewhere in the policy beyond the amount or amounts for which the insurer would have been liable if only one person or interest had been named as insured.
- 3. Insurance costs. The licensee will be financially responsible for all pertinent deductibles, self-insured retentions, or self-insurance.
- 4. Required coverage. The limits provided below will be subject to any changes as to the maximum limits imposed on municipalities of the State of Oregon by Oregon state law during the term of a license.
- a. Commercial general liability. A licensee will provide and maintain commercial general liability and property damage insurance in the amount of $2,000,000 per occurrence, and aggregate limit of $4,000,000 that protects the licensee and the City and its officers, employees, and agents from any and all claims, demands, actions, and suits for damage to property or personal injury arising from the licensee’s work under this Chapter.
- b. Automobile liability. A licensee will carry automobile liability insurance with a combined single limit of $1,000,000 each occurrence, and an umbrella or excess liability coverage of $2,000,000, for bodily injury and property damage. The insurance will include coverage for any damages or injuries arising out of the use of automobiles or other motor vehicles by the licensee.
- c. Workers’ compensation. A licensee will comply with the workers’ compensation law, ORS Chapter 656, as it may be amended. If required, a licensee will maintain coverage for all subject workers as defined by ORS Chapter 656 and will maintain a current, valid certificate of workers’ compensation insurance on file with the Bureau for the entire period during which work is performed within the City limits.
- 5. Self-insurance. At the request of a licensee, the City will determine, in its sole discretion, whether a licensee may self-insure. A licensee whose request has been granted will provide the City proof of insurance through a letter of self-insurance or an insurance certificate, listing the City as an additional insured.
- B. Indemnification.
- 1. To the fullest extent permitted by law, each licensee will defend, indemnify, and hold harmless the City and its officers, employees, and agents from and against any and all liability, causes of action, claims, damages, losses, judgments, and other costs and expenses, including attorney fees and costs of suit or defense (at both the trial and appeal level, whether or not a trial or appeal ever takes place), that may be asserted by any person or entity in any way arising out of, resulting from, during, or in connection with, or alleged to arise out of or result from the presence of the facilities or the negligent, careless, or wrongful acts, omissions, failure to act, or other misconduct of the licensee or its affiliates, officers, employees, agents, contractors, subcontractors, or lessees in the use, construction, operation, maintenance, repair, or removal of its facilities, and in providing or offering utility services, whether such acts or omissions are authorized, allowed, or prohibited by this Chapter or by a franchise agreement. The acceptance of a license under Section 12.15.080 of this Chapter will constitute such an agreement by the applicant whether the same is expressed or not. Upon notification of any such claim, the City will notify the licensee and provide the licensee with an opportunity to provide defense regarding any such claim.
- 2. Every licensee will also indemnify the City for any damages, claims, additional costs, and expenses assessed against or payable by the City arising out of or resulting, directly or indirectly, from the licensee’s failure to remove or relocate any of its facilities in the right-of-way or easements in a timely manner, unless the licensee’s failure arises directly from the City’s negligence or willful misconduct.
- 3. Every licensee will also forever defend, indemnify, and hold harmless the City and its officers, employees, and agents from and against any claims, costs, and expenses of any kind, whether direct or indirect, or pursuant to any state or federal law, statute, regulation, or order, for the removal or remediation of any leaks, spills, contamination, or residues of hazardous substances related to the licensee’s work in the right-of-way or presence of licensee’s facilities. Hazardous substances will have the meaning given by ORS 465.200(16).