A. The permittee shall be responsible for all liability imposed by law for personal injury or property damage arising out of or related to work performed by the permittee under the permit, or arising out of the failure on the permittee’s part to perform his work under the permit. If any claim of such liability is made against the Town, its officers or employees, permittee shall defend, indemnify and hold them harmless from such claim, including claims alleging the negligence of the Town, its officers and employees.

B. No applicant shall be entitled to an encroachment permit unless he shall have filed and maintained on file with the Town a certificate certifying that he or his company or business firm carries public liability and property damage insurance issued by an insurance carrier authorized to do business in the state, insuring the applicant and the Town and its agents, against loss by reason of injuries to, or death of persons, or damages to property arising out of or related to work performed by the applicant, its agents or employees while performing any work under the permit. Such insurance shall be primary and provide comprehensive general liability coverage, including completed operations coverage, for all liability assumed by the applicant under subsection A of this section, and shall be provided by the permittee in the following minimum amounts: (1) for work in the right-of-way, $2,000,000.00 combined single limit and (2) for work in a wash, $500,000.00 combined single limit. The Town Engineer may require higher insurance coverage for any particular encroachment permit when he deems it appropriate.

C. Failure by the applicant to provide the Town with such a certificate, and failure by the Town to demand the filing by permittee of such a certificate before such a permit is issued, shall not be deemed to waive the permittee’s obligation to provide the insurance. Such insurance certificate shall remain in effect and be kept on file with the Town until all work to be performed by the permittee under the permit has been completed. Where an encroachment involves a permanent obstruction, such insurance certificate requirements shall remain in effect until such obstruction is removed. The insurance certificate shall provide that coverage shall not be canceled or expire without providing thirty days’ written notice of such action to the Town. (13-02, Amended, 04/18/2013)