Loading...
A. Insurance Requirements. Except as hereinafter provided by this chapter, no permit shall be issued pursuant to the provisions of this chapter unless and until the permittee has obtained a comprehensive general liability insurance policy from an insurance company licensed to do business in the state of California and having a financial rating in Best's Insurance Guide of at least “B,” which provides insurance coverage against all liabilities for death, personal injury or property damage arising out of or in any way related to the encroachment and/or excavation work authorized pursuant to such permit.
B. Amount of Insurance. The comprehensive general liability insurance obtained by a permittee at the time of the issuance of a permit pursuant to the provisions of this chapter shall be in an amount of at least $1,000,000.00, combined single limit, except that where the city's risk manager determines that work performed pursuant to such permit involves unusual risks which expose the city to liabilities in excess of $1,000,000.00, then such insurance shall be in an amount which the city's risk manager determines is necessary to fully cover city's exposure to all such risks.
C. Form of Insurance. The comprehensive general liability insurance obtained at the time of the issuance of a permit pursuant to the provisions of this chapter shall include an endorsement naming the city, the city's officers, employees and agents as additional insureds under the coverage afforded, shall be primary with respect to any other insurance available to the city, shall include a severability of interest (cross-liability) clause, shall require the insurer to provide city at least 30 days prior notice of cancellation, and otherwise shall be in a form approved by city's risk manager.
D. Proof of Insurance. Proof of comprehensive general liability insurance provided by a permittee at the time of the issuance of a permit pursuant to the provisions of this chapter shall be in a form approved by the city's risk manager and shall be filed with the director prior to the issuance of such permit.
(Ord. 1928 §2 (part), Ord. 1992 §4, Ord. 2364 §129)
Where a permit is issued pursuant to the provisions of this chapter which authorizes construction or excavation work within a public right-of-way or public service easement to be undertaken and performed by a person owning the property adjoining that portion of the public right-of-way or public service easement in which the work is to be performed, the permittee may comply with the liability insurance requirements of this chapter by filing with the director a copy of the permittee's homeowner's insurance policy with liability limits of at least $300,000.00, in lieu of the comprehensive general liability insurance required by Section 14.08.120 of this chapter.
(Ord. 1992 §5, Ord. 2364 §130)
As a further condition of the issuance of a permit required by this chapter, the permittee shall undertake and carry out the encroachment or excavation authorized by such permit in accordance with the provisions of the State of California Manual of Traffic Controls for Construction and Maintenance Work Zones as published by the State Department of Transportation and/or any additions or modifications thereto now or hereafter adopted in Title 18R of this code.
(Ord. 1928 §2 (part))
A. Security Requirements. Except as hereinafter provided by this chapter, no permit shall be issued pursuant to the provisions of this chapter which authorizes construction or excavation work within a public right-of-way or public service easement unless and until the permittee has obtained and provided to the city a surety bond or other security guaranteeing performance by permittee of all of permittee’s duties and obligations under such permit including, in particular, the duty and obligation to restore the site of the construction or excavation work to the same condition as it was in prior to commencement of the construction or excavation work, or such modified condition as has been approved by the director.
B. Amount of Security. The surety bond or other security obtained and provided by a permittee at the time of the issuance of a permit pursuant to the provisions of this chapter authorizing construction or excavation work on or within a public right-of- way or public service easement shall be in the amount of at least $10,000.00; except that where the director determines that the work performed pursuant to such permit is extensive and would expose the city to costs substantially in excess of $10,000.00 to remedy any breach by the permittee in the permittee's duties and obligations to restore the public right-of-way or public service easement to the same condition as it was in prior to the commencement of the construction or excavation work or such modified condition as approved by the director, then the surety bond or other security shall be in an amount which the director determines is necessary to fully cover the city's exposure to all such costs.
C. Form of Security. The surety bond obtained and provided by a permittee at the time of the issuance of a permit pursuant to the provisions of this chapter authorizing an encroachment or excavation within a public right-of-way or public service easement shall be conditioned on the permittee’s compliance with all requirements of this chapter, including all orders of the director pertaining thereto, and shall otherwise be in a form approved by the city attorney. In lieu of a surety bond, a permittee may obtain and provide to the city a cash deposit, certificate of deposit naming the city as the payee thereof or such other kind of security acceptable to the city's risk manager, provided such cash deposit, certificate of deposit or the security is accompanied by an agreement stating that the security is being pledged to guarantee performance of the permittee’s duties and obligations under the permit issued to permittee pursuant to this chapter, which pledge agreement shall also be in a form approved by the city attorney.
(Ord. 1928 §2 (part), Ord. 1992 §6, Ord. 2364 §131)
Where a permit is issued pursuant to the provisions of this chapter which authorizes construction or excavation work within a public right of way or public service easement to be undertaken and performed by a person who owns property adjoining that portion of the public right-of-way or public service easement in which the work is to be performed, the surety bond or other security requirements of this chapter shall be waived.
(Ord. 1992 §7)
As a further condition of the issuance of a permit required by this chapter which authorizes construction or excavation work within a public right-of-way or public service easement, the permittee shall design, undertake and complete such work in the following manner:
A. All public improvements constructed or installed within a public right-of-way pursuant to such permit shall be designed, constructed and installed in accordance with the design criteria and improvement standards adopted in Title 18R of this code.
B. Upon the commencement of construction or excavation work authorized by such permit, such work shall be prosecuted with due diligence and in a manner that does not obstruct or interfere with a public street, public utilities or other facilities located within a public right-of-way or public service easement any more than is absolutely necessary.
C. Upon completion of construction or excavation work authorized by such permit, the public right-of-way or public services easement in which such work was performed shall be restored to the same condition as it was in prior to commencement of the work or such modified condition as has been expressly approved by the director, and all surplus soils or waste materials removed from the public right-of-way or public service easement shall be deposited or disposed of in a manner that complies with applicable federal, state and city laws and regulations.
D. At the conclusion of construction or excavation work authorized by such permit, the permittee shall file with the director such “as-built” plans and specifications as may be required by the director depicting any new improvements or facilities or any modifications to existing improvements or facilities which were constructed or installed in the public right-of-way or public service easement pursuant to such permit.
(Ord. 1928 §2, Ord. 2364 §132)
Loading...