Title 13 - Streets and Sidewalks

13.55.108 Insurance and Bond Requirement. 

1. A.
   Insurance. Each Grantee shall file with the City evidence of liability insurance with an insurance company licensed to do business in Kansas. The amount will be not less than $1,000,000 per occurrence and $2,000,000 in aggregate. The insurance will protect the City from and against all claims by any Entity whatsoever for loss or damage from personal injury, bodily injury, death, or property damage to the extent caused or alleged to have been caused by the negligent or wrongful acts or omissions of the Grantee. The Grantee shall also have coverage for automobile liability in an amount of not less than $1,000,000 per occurrence and $2,000,000 in aggregate. The City shall be an additional insured on all policies of Grantee, to the extent permitted by law, unless waived in writing by the City. If the Grantee 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, and shall agree to indemnify and hold the City harmless for any losses associated with Grantee’s activities in the Right-of-way. All contractors actually performing work for any Grantee shall be subject to the same insurance requirements set forth herein. A copy of the liability insurance certificate or proof of self insurance must be on file with the City Clerk.
2. B.
   Bond. To the extent any Grantee installs, constructs, maintains, extends or operates any Facilities in the Right-of-way, it shall maintain a performance and maintenance bond as set forth in the City’s Ordinance for Managing the Use and Occupancy of the Public Right-of-Way (codified at Overland Park Municipal Code Chapter 13.12 – Managing The Use and Occupancy of the Public Right-of-Way, and amendments thereto) or as set forth in the Franchise Ordinance of Franchisee, or the Master Right-of-way License Agreement of the Licensee. To the extent any Grantee installs, constructs, maintains, extends or operates any Facilities anywhere else within the City, the City may require a bond in the Agreement when reasonably deemed necessary. A copy of any required bond must be on file with the City Clerk.

(History: Ord. No. TF-3276 §7, 2019; Ord. TF-3155 §1, 2017)

Effective on: 1/1/1901