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HomeMy WebLinkAboutORDINANCE 1153-1986Suggested bys Public Works Department CITY OF KENAI ORDINANCE N0. 1153-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE 18.20.030 ENTITLED "INSURANCE REQUIREMENT. WHEREAS, some insurance companies will no longer approve amendments to certificates of insurance reflecting language in KNC 18.20.030(a)(2)1 and, WHEREAS, only a few insurance companies will alter the wording on the certificates of insurance= and, WHEREASt the cancellation wording has no relation to the types and amounts of coverage afforded under KNC Title 18. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KNC 18.20.030 is amended as follows: 18.20.030 Insurance Requirements (a) Before the issusnoe of a year y licenses tWe contractor shall provide to the City certificates of insurance evidencing: (1) Not lees than $500,D00 combined single limit bodily injury and property damage. The applicable certificate of insurance shall clearly indicate that the property damage liability coverage includes hazards from underground work, explosion, collapse and damage to underground Miree, conduits, pipes, fittings, mains, sewers and a similar document of indemnity required pursuant to the provisions of KNC 16,20.040 has been incorporated into and made part of the applicable insurance policy. (2) The Certificate of Insurance provided must contain the following clause (or a similar clause malt ng the same provisions)s "In the event of cancellation of the above contract of insurance, the Company or Underwriters will endeavor to give not lees than thirty (30) days' advance n� tIce Sy mail to the party to whom this certificsts is issued, at the address heroinfTwhich hRshell be ePERCEOES sufficient proof of notice . AND REPLACES THE CANCELLATION CLAUSE PRINTED IN THE FORM, IF ANY.]" If the form of certificate used by the contractor's 1118uro3r does not contain a cancellation notice complying with the abovag then the above clause must be substituted for the clause in the form. 0 1�L rY� - - tirr��.a.`.. (, nF. (3) Workmen'a compensation insurance in accordance with the laws of the State of Alaska. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of July, 1986. ON VABONE?PMR ATTEST e e helan, y Clark 'L (` Approved by Public Worke: First Readings July 2, 1986 Second Readings July 16, 1986 Effective Date: August 161996 m ' 6/27/86 •-r. •ate. ` .,xM c ``...-. w. M {`.......... '•`J .-,.�.•—'-.•.—o•.•_•...�r,•••s-...,r ♦ •'P+� ... ' ' ,wcw:s':-.e-=res+:vr. v114 i _ ..�.�_ ti 1 .; � ! , •. - (. ifr -/ .0 it c )I .. 2i 1`'. � �N-vi • G�� , _ X.1 51 ; It : 18.20,005-18.20,030 18,20,005 Excavations in City Streets by Contractors or j Utility Com aniese • e utility company, person, or legal entity conducting any excavating activities shell perform any work in or undur:. public lends or public right-of-ways or in any public utility easement within the City without first having been granted: (1) a yearly license therefor as set forth in KMC 18.209 _° r and (2) a permit for the individual excavation or street opening contemplated as set forth in KMC 18.25. Said yearly license and street opening permit shall be obtained from the -= City Public Works Department. "Excavating" means the removal, carrying away, backfilling, tunnelling, bulldozing, digging out, leveling, clearing, or Saving of earth or soil by manual or mechanical means. "Contractor" means any individual, utility company, or legal entit conducting any excavating activities. (Orde 195, 4799 663� 18.20.010 Ylearij License Required: Before performing any excavation work es a ne above, a contractor so wishing to excavate shall secure from the City Public Works Department a yearly license which shall expire on December 31st in the year In which it is issued. The purpose for requiring this license is to Insure the public safety by requiring contractors who wish to -. excavate in public streets or rights -of -way to fulfill the following requirements. (Ord 479) (.� ;M. 18.20,020 Bond Re u�iredd: Before the issuance of a yearly license, the con rF ector shall obtain maintenance and construction Q bond in the amount of $59000. Said bond shall be conditioned to Indemnify the City for any lose, liability, or damage that may result or accrue from or because of the making, existence# or - - manner of guarding or construction of any such tunnel or ex- eavation. Such bond shall have as surety a corporation licensed to do business in the state as surety company. In lieu of a- corporate bond, a deposit of $5,000 in a certified check or__ - cashier's check, as security deposit, shell be deposited with the City of Kenai. (Ord 479) 18.20.030 Insurance Re uirementi (a) Before the issuance of a yearly liceFe-09 the contractor shall provide to the City certificates of insurance ev.deneinge_-,..`=°`.d (1) Not lose then $500,000 combined single limit bodily 'njury and property damage. The applicable certificate of insurance shell clearly indicate that the property damage:'q'"` 18-6 (City of Kenai Y; Supp. 027 - 3/1/84) - r—i. a z. cif`"'�'_- �i`i•JA - _ _ - ;,J-, _�..... ,. _ -_` - ----- _ ;.�' .... .'4 ^may: U ''fie 1. i•^_.. ci a. W 10.20.030-10.209060 liability coverage includes hazard* from underground work, explosiong collapse and damage to underground wires, conduits, pipes, fittings, mains, sewers and a similar document of indemnity required pursuant to the provisions of KMC 18.20.040 has been incorporated into and made part of the applicable insurance policy. (2) The Certificate of Insurance provided must contain the following clause (or a eimilar clause making M8 same provisions)s "In the event of cancellation of the above contract of insurance, the Company or Underwriters will give not lose than thirty (30) days' advance notice by mail to the party to whom this certificate is issued, at the address herein, which shell be sufficient proof of notice. This program supercedee and replaces the cancellation clause printed in the form, if any. If the form of certificate used by the contractor's inouror does not contain a cancellation notice complying with the above, then the above clause must be substituted for the clause in the form. (3) Workmen's compensation insurance in accordance with the laws of the State of Alaska. (Ords 479, 863) 6--1 8.20.040 Indemnity -Agreement Re uireds Before the Issuance of a yearly 11censeq the contractor shell execute a document of indemnity saving the City harmless against any lose or damages due to the negligence of the contractor or his agents and employees while the excavation or pipelaying work is being performed. (Ord 479) 18.20,050 Fee for Yearly Licenses In order to defray administrative coats in processing yearly licenses by the City administration, before the issuance of a yearly license the contractor shall pay a yearly license fee of $25. (Ord 479) 18,20.060 Waiver of Bond and Insurances The Public Works Director may waive the bonding and insurance requirements herein for contractors performing City projects when equally sufficient bond and insurance protection for the City is provided by the terms of the contract entered into by the City.for such project. The bonding, insurancs, and indemnity requiremente shall be waived for local utility companies where equivalent bonding and insurance have otherwise been provided covering the City. (Ord 479) 18-7 (City of Kenai Supp. 027 - 3/1/84) "stk tam':^—_x.,,•t%+'. `Cti '"' •�iif t t•.. _ _ t • � — _. i .s � � .ass . : ` b • c .. . - .:tic : r_-4'... p .. r : .. , ,�_: .. - r, .. N � __ __-,-._"'_'_2'__.•' _ __ T - 1r t�' WUTH CENTRAL INSURA"I ' MC. THE INSURANCE CACHE May 150 1986 City of Kenai 210 Fidalgo Kenai, Alaska 99611 ATTENTIONS Tim Rogers -City Attorney Res Ross Services Dear Time ' DRAWER 660 SOLOOTNA, ALASKA SOW TELEPHONE: 262.4425 We discussed by phone, today, the problems that have come up regarding the City's rejection of the Certificate of Insurance for this contractor. We are not able to get INA, the insurance carrier, to amend the cancel- lation wording on the certificate. Furthermore, we do not represent any insurance companies that will alter the wording on the certificate. I should point out that the cancellation wording has no relation to the types and amounts of coverage afforded by INA to Ross Services. You further indicated that the City was asking for a "waiver of subroga- tion". This again is a requirement that is not readily provided by INA or again, any of the companies we represent. Some of the carriers will provide it on a case by case basis after it is reviewed by their legal department. As you can imagine this is a time consuming process. In the case of INA, the "waiver" would have to be sent to their home office In Philadelphia for approval prior to issue. There is no guarantee at this time, that approval would be granted. This is a typical scenario for all insurance carriers in the current market situation. The immediate problem for Ross Services is that they need to secure an excavation permit on 5/16/86, so that they can start work on 5/19/86 an the water line for the new Homer Electric -Peninsula Service Center. 1 ask that the City accept the standard certificate for Rose Services, since he is carrying what would seem to be adequate coverages. I am returning the certificate to you in hopes that it will be acceptable. Please give m, a call if you need additional information. Sincerely, &eA— �.� 4 , pl! Bill Frazer 4u 4�4r v�p�,•u BF/cd t� y �l _— •_ _c�?—tx � .. max_..=__.,_� _'N o.�. � ____ _ �-6 CITY OF KENAI 1*0d eFdW o` 4"01 W sm March 289 1986 South Central Insurance DBA The Insurance Cache 170 Corral Street, Suite 1 Soldotne, AK 99669 SUBJECTS BRYON ROSS, DBA ROSS SERVICES INSURANCE ACORD FORM I have enclosed the Acord Form dated May 69 1986 which replaced Certificate dated April 22, 1086, received from you today. After reviewing the replacement certificate it appears the only difference on it from•,the one issued in April is a correction in the policy number for automobile liability coverage (CAL 4177204 to CAL 417204). However, in the process of correcting the &cord form, the language required by the City was left out. The City of Kenai requiredfthe cancellation clause used on the Acord Form to read as follows$ Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will mail 30 days written notice to the below named certificate holder. Therefore, please omit "endeavor to" and "hut failure to mail such notice shall impose no obligation or liability of any kind upon the company." S Unfortunately, until the inmurance A;**d Form is complete the excavation permit, which was I atied•to Rose' Service on April 24, 1986, with the Acord Form dated April 229 1986 will be on hold. Thank you for your help in thi© matter. Sincerely, 4;ndre Wrig t, Adm. Aest. Public Works apartment ow Enclosures Acord Form ' - - x � � - ;--}`�—tie• > .. rt C��. � .. ter' • :% .���ny. ..a n _ � S W-t •E Cf• C .i • 777 .. .. ;fit, •et4 _ c � n PW"M REPLACES CERTIFICATE DATED 4/22/ SOUTH CENTRAL INSURANCE DBA THE INSURANCE CACHE 170 CORRAL STREET SUITE ONE SOLOOTNA, AK OM TEL• 907-262.4425 Byron Ross Ross Services Box 834 Soldotna, Alaska 99669 s IN HOLDER. THIS COMPANIES AFFORDING COVERAGE pro Y A INA/CICNA RY O Fireman's Fund Ins. LETTER Y C aLMPANY O M Y 1 MIS 0 TO EDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. UOYMNSTAAEN O 0 ANY REQUIREMENTHAT POLICIES T CONDITION OF ANY CONTRACNSURANCE LISTED BELOW HAVE 02EN T OR OTHER DOCUMENT WITH RESPECT TO WHICH CERTIFICATE MAY TIDNS of BIN:II PYOLICEiB 'MAN, THE RM AQ-8 AFFORDED BY THE POLICIES DESCRIBED HEREIN 18 SUBJECT TO ALL THE TERMS{ EXOWSOM AND COMN TYPE OF INSURANCE POLICY NUMBER DAR AEFVMFM RATE(MIA�O 'M WBIUTY UM RB Ri USANDS AGOREOATE FORM PFEMISESIGPERATIONS COLLAPSE NAZW PRDOLICISIO WREIED OPERATIONS INDEPENDENT CONTRACTORS RgAD NORM PROPERTY DAMAGE PERSONAL INJURY ANY AUTO ALL OWNED AUTOS (PRN. PASS) ALL OWNED AUTOS ( pw) NyAyE�D�AAUTTOOS•,../� I.WOWNED AUTOS GARAGE LIARP DESS LUU1ILnY U BREUA FOND OTHER THAN UMBRELLA PORIA WO1111EP1s' COMPENSATION AND EMPLOYERr LUUMUTY OF 000LY $ $ 10/13/85 10/13/86 $ $ 81 a PD $ 500 $ 500 PERSONAL INJURY 1$ 500 $ $ $ $ 500 c, �4 eoOlAeu+Eo $ $ XBOG07488683 10/13/85 10/13/86 1000 1000 BTAiIITORY . 85W8391708 7/25/85 7/25/85 (EACHADo1oEw9 (OSfA5E:1R1L11 tEMiD 100 IDISE1LSEfAC11 EMEL0TEE1 SNEHICLE&SPECIAL ITEMS MIMI City of Kenai Kenai, Alaska 99611 MDNOLILO ANY OF THE ABOVE OEECMED man r OANO u" 8WOMM me M PIRATION OAT! THMOV. THE I"I VING COMPANY "I" SNDEAYOR TO MAIL_ W—oAYe WRITTEN NOTMCE TO we OENTw"" MOLDER NAME Yq we LEREYITIAILUMTOMAILWCMNOTiOEENALLMFOEENooEMOATIp1ONUAB& Y OP ATlY UPON THE OOMAPANY{ ITS AOMMMS OR IMSMNTATIYEL. � ' ,."'•