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 Austin
 Building Criteria Manual
 Section 1. BUILDING CODE

  § 1.3.0. INSURANCE REQUIREMENTS FOR A TEMPORARY USE OF RIGHT-OF-WAY, BARRICADE, EXCAVATION, AND SIGN INSTALLATION PERMIT  

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  • 1)

    Sign Installation Permit. The applicant shall carry insurance in the following types and amounts for the duration of this permit and furnish certificates of insurance as evidence thereof:

    a)

    Commercial General Liability policy with a minimum combined single limit of $500,000 per occurrence for coverage's A and B. The policy shall contain the following provisions:

    2)

    If this coverage is underwritten on a claim made basis, the retroactive date shall be coincident with the date of this permit and the certificate of insurance shall state that the coverage is claims made and the retroactive date. The applicant shall maintain coverage for the duration of this permit and for six months following completion of this project. The applicant shall provide the City annually with a certificate of insurance as evidence of such insurance. The premium for this extended reporting period shall be paid by the applicant.

    a)

    Business Automobile Liability Insurance for all owned, non-owned and hired vehicles with a minimum combined single limit of $500,000 per occurrence for bodily injury and property damage. Alternate acceptable limits are $250,000 bodily injury per person, $500,000 bodily injury per occurrence and at least $100,000 property damage liability each accident.

    3)

    General Requirements for a Temporary Use of Right-of-Way, Barricade, Excavation, and Sign Installation Permit.

    a)

    Applicant shall be responsible for deductibles and self-insured retentions, if any, stated in policies.

    b)

    If insurance policies are not written for amounts specified above, the applicant shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage.

    c)

    Applicant shall not commence work under this permit until he/she has obtained the required insurance and until such insurance has been reviewed by the City. Approval of insurance by owner shall not relieve or decrease the liability of the applicant hereunder.

    d)

    Insurance shall be written by a company licensed to do business in the State of Texas at the time the policy is issued and shall be written by a company with an A.M. Best rating or B+ or better.

    e)

    The City of Austin shall be an additional insured as their interests may appear on the Commercial General Liability and Business Automobile Liability Policies.

    f)

    Applicant shall produce endorsements to each effected policy:

    i)

    Naming the City of Austin, P.O. Box 1088, Austin, Texas 78767 as additional insured.

    ii)

    That indicates the name of the contact person, department and mailing address for the City.

    iii)

    That obligates the insurance company to notify (contact person and department), City of Austin, P.O. Box 1088, Austin, Texas 78767-8828, or any non-renewal, cancellation or material changes at least thirty (30) days prior to change or cancellation.

    iv)

    That the "other" insurance clause shall not apply to the City where the City of Austin is an additional insured shown on the policy. It is intended that policies required in this permit covering both the City and the applicant shall be considered primary coverage.

    g)

    The applicant shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of this permit or the six months following completion for a "claims made" policy.

    h)

    The City reserves the right to review the insurance requirements of this section during the effective period of this permit and to make reasonable adjustments to insurance coverage's, their limits, exclusions when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, the claims history of the industry or financial condition of the insurance company, as well as the applicant.

    i)

    All certificates shall include a clause to the effect that the policy shall not be canceled, reduced, restricted or limited less than thirty (30) days after the City has received written notice.

    j)

    Applicant shall provide City thirty (30) days written notice of erosion of the aggregate limit below the minimum required combined single limit of coverage.

    k)

    Actual losses not covered by insurance as required by this permit shall be paid by the applicant.

    l)

    Exception to these provisions can be made by the Risk Management Division of the Human Resources Department in concurrence with the Watershed Protection and Development Review Department.