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ARTICLE 5: INSURANCE
As a condition precedent to the granting of any encroachment permit, the City Engineer may require the permittee to furnish evidence to the city that, with respect to the operations he performs, or the operations performed for him by contractors or subcontractors, pursuant to the encroachment permit, he carry public liability and property damage insurance in amounts determined by the City Engineer to be adequate for the work for which the encroachment permit is issued. The insurance specified in this section shall be carried by the permittee at his sole cost and expense and shall remain in effect until all work required to be performed under the terms of the encroachment permit is satisfactorily completed. The City Engineer may require such certification as he deems necessary to substantiate the insurance coverage of the permittee prior to the issuance of the encroachment permit.
('66 Code, § 7-2.501) (Ord. 41-C-S, passed 2-7-68)
ARTICLE 6: REGULATIONS
The permittee shall be responsible for all liability imposed by law for personal injury or property damage proximately caused by work permitted and done by the permittee under permit or proximately caused by failure on the permittee's part to perform his obligations under said permit in respect to maintenance. If any claim of such liability is made against the city, or its officers or employees, the permittee shall defend, indemnify, and hold them, and each of them, harmless from such claim insofar as permitted by law.
('66 Code, § 7-2.601) (Ord. 41-C-S, passed 2-7-68)
(A) The permittee, in the conduct of the work, use, or maintenance of an encroachment authorized by a permit issued pursuant to the provisions of this chapter, shall, at his own expense, provide, erect, and/or maintain such lights, barriers, warning signs, patrols, watchmen, and other safeguards as are necessary to protect the traveling public. Any omission on the part of the City Engineer to specify in the permit lights, barriers, or other protective measures or devices shall not excuse the permittee from complying with all requirements of law and appropriate regulations and ordinances for adequately protecting the safety of those using public streets. If, at any time, the City Engineer finds that suitable safeguards are not being provided, the city may provide, erect, maintain, relocate, or remove such safeguards as are deemed necessary or may cancel the permit and restore the right-of-way to its former condition, all at the expense of the permittee.
(B) A permittee making any excavation or erecting or leaving any obstruction within, under, or upon the right-of-way, or causing the same to be made, erected, or left, shall place and maintain lights at each end of the excavation or obstruction, at not more than 50 foot intervals along the excavation or obstruction, from one-half hour before sunset of each day to one-half hour after sunrise of the next day, until the excavation is entirely refilled or the obstruction is removed and the right-of-way made safe for use. Reflectorized warning signs conforming to the requirements of the Division of Highways of the state shall be placed 100 feet in advance of any obstruction or excavation within the traveled way in such a position as to adequately warn vehicular traffic, and on major streets additional similar signs shall be placed 400 feet in advance.
(C) The warning signs, lights, and other safety devices shall conform to the applicable requirements of the California Vehicle Code and of any sign manual issued by the Department of Public Works of the state.
('66 Code, § 7-2.602) (Ord. 41-C-S, passed 2-7-68) Penalty, see §§ 1-2.01 et seq.
(A) The permittee shall give particular attention to facilitating the flow of vehicular and pedestrian traffic. Unless prior written approval is obtained from the City Engineer, the permittee may not:
(1) Obstruct more than one-half of the area used by vehicles;
(2) Obstruct a driveway approach on a developed property except that, with the permission of the occupant of the affected property, a driveway approach may be obstructed, when the permittee's construction personnel are present, within 400 feet of the obstructed driveway; or
(3) Obstruct the area between the curb (or the shoulder if there is no curb) and the right-of-way line in such a way as to create a hazardous path for pedestrians.
(B) The use of flagmen shall he mandatory where the two-way vehicular traffic has less than 20 feet in which to pass or where vehicular traffic must pass to the left of dividing islands in passing the site of the encroachment.
(C) The permittee may be required to remove excavated material from the site of the encroachment as the material is excavated rather than stockpiling it on the street when such removal is necessary to permit traffic to pass freely and safely.
('66 Code, § 7-2.603) (Ord. 41-C-S, passed 2-7-68) Penalty, see §§ 1-2.01 et seq.
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