§ 12.30.060. Permit bond and insurance required.

A.

Bond requirements. Except as provided in subsection 12.30.060 D. hereafter, no traffic control permit shall be issued under this chapter to any person applying for a traffic control permit until such applicant has filed with the traffic engineer a bond in the amount of fifty thousand dollars, signed by a surety company authorized to do business in Texas. The city shall be named as the obligee under such bond. The bond shall provide that the principal and its agents, employees, and subcontractors shall comply with all provisions of this chapter, that the principal shall pay all damages which are sustained by the city and which are caused by failure of the principal, its agents, employees or subcontractors to comply with the provisions of this chapter, and that the principal shall indemnify the city against claims arising out of such failure to comply. The surety shall be acceptable to the city as to solvency and such surety shall be listed on the current Department of the Treasury's Listing of Approved Sureties, Department Circular 570, United States Department of the Treasury or its successor publication, ("Circular 570"). If the city becomes dissatisfied that the surety is solvent or the surety is no longer included in Circular 570, the Traffic Engineer may require a bond from another surety listed in Circular 570. Permit applicants who have provided a bond to the city pursuant to the requirements of a chapter of the City Code other than this chapter that meets all of the requirements established in this chapter shall not be required to obtain an additional bond but are required to provide a copy of such bond, provided that such bond specifically includes coverage for the permit or permits issued pursuant to this chapter. Permittees who have multiple temporary traffic control permits are required to provide only one current valid bond for all such permits but may be required to provide a copy of the current bond with each application for a temporary traffic control permit.

B.

Insurance requirements. Except as provided in subsection 12.30.060 D. hereafter, no permit applicant shall be issued a permit until the applicant presents evidence satisfactory to the traffic engineer that the applicant meets the following minimum insurance requirements:

1.

The applicant shall procure and shall maintain during the term of the permit such commercial general liability, property damage liability and vehicle liability insurance, naming the permittee and any subcontractor performing work associated with the permit as insured, co-insured or additional insured for claims for damages for personal injury, including accidental death, as well as from claims for property damage that may arise from work associated with the permit.

2.

Minimum limits of liability and coverage shall be two hundred fifty thousand dollars for bodily injury liability, including death, for each person and five hundred thousand dollars in the aggregate and one hundred thousand dollars for property damage for each occurrence and one hundred thousand dollars in the aggregate. Permit applicants that are governmental entities may comply with the insurance requirements of this section by providing certification that they are self-insured.

3.

Such insurance shall be written by an accredited insurance company under the supervision of the Board of Insurance Commissioners of the State of Texas. Evidence of compliance with these insurance requirements shall be considered as having been met when copy of the insurance policy or a certificate of insurance has been filed with and approved by the traffic engineer. Such policy shall include an endorsement that the city is named as an additional insured to the full amount of the policy limits and that traffic engineer shall be notified at least thirty days in advance in the event the policy or policies are canceled and ten days in advance for non-payment of policy premiums. The required endorsement shall be provided to the traffic engineer. The permittee shall maintain said insurance with a solvent insurance company authorized to do business in Texas. The policy shall provide that the insurer will defend against all claims and lawsuits which arise and will pay any final judgment of a court of competent jurisdiction against the city, its officers, agents, servants or employees and permittee, his officers, agents, servants or employees. Failure to keep the policy in full force and effect throughout the term of the permit shall be grounds for cancellation of the permit.

4.

Permit applicants who have provided certificates of insurance to the city pursuant to the requirements of a chapter of the City Code other than this chapter that meet all of the requirements established in this chapter shall not be required to obtain an additional insurance but are required to provide such certificates of insurance showing present coverage as required in this chapter. Permittees who have multiple temporary traffic control permits are required to provide only one current valid certificate of insurance for all such permits but may be required to provide a copy of the current certificate of insurance with each application for a temporary traffic control permit.

5.

Self-insurance. A Permittee may satisfy the vehicle insurance requirements of this section by providing the city with a current "Self-insurance Certificate" issued by the Texas Department of Public Safety or its successor agency. A permittee may satisfy the worker's compensation insurance requirements of this section by providing the city with a current "Certificate of Authority to Self-insure" issued by the Texas Department of Insurance, Division of Worker's Compensation or its successor agency.

C.

Temporary and special events. Those traffic control permits issued for temporary and special events where construction work is not conducted within the right-of-way, such as a block party, film making or parade, shall be exempt from the requirements in this section concerning bonds and insurance coverage but shall meet requirements for bonds and insurance as may exist under other applicable provisions of the City Code.

D.

Traffic control permits shall be required in connection with all city (including El Paso Public Service Board/El Paso Water Utilities), county, state or federal public works projects provided that no permit fee or bond shall be required for such projects. Permit applicants that are governmental entities and are self-insured may comply with the insurance requirements of this section by providing certification that they are self-insured.

(Ord. No. 17489, § 1, 1-18-2011; Ord. No. 18383, § 1a), 7-7-2015)