Oakley Municipal Code Art. 3 Security

Unless this section is waived in the permit and before a permit is effective, an applicant shall deposit with the City Engineer, or an agent authorized by resolution of the City Council, cash or a certified or cashier’s check in a sum to be fixed by the City Engineer as sufficient to reimburse the City for costs of restoring the right-of-way to its former condition or a safe condition, or completing the work, based on the schedules, if any, adopted by resolution of the City Council; but an applicant may file a cash deposit on an annual basis in a sum estimated by the City Engineer as sufficient to cover his/her activities during any 12 month-period.

Instead of the cash deposit prescribed by Section 6.2.302, the applicant on approval of the City Engineer may file a cash deposit in the minimum sum established by the schedules, if any, adopted for that purpose by the City Council and in effect at the time of application for a permit; the balance of the sum fixed by the City Engineer as sufficient to reimburse the City for expenses incurred in restoring the right-of-way to its former condition or a safe condition, or completing the work, shall be filed in the form of an approved surety bond issued by a company authorized to do a general surety business in the State of California.

Instead of a cash deposit, the applicant, on approval by the City Engineer, may annually file with the City Engineer an approved surety bond issued by a company authorized to do a general surety business in the State, in a sum fixed by the City Engineer as sufficient to reimburse the City for expenses to be incurred in restoring the right-of-way to its former condition, subject to the schedules, if any, adopted by resolution of the City Council.

The City Engineer may require an additional bond or cash deposit at any time that evidence indicates that the amount of the bond or cash deposit previously made is insufficient to cover the cost of restoring the right-of-way to its former condition, subject to the schedules, if any, adopted by resolution of the City Council.

The condition of any bond or cash deposit made under this chapter shall be that the permittee comply diligently and in good faith with this chapter and the terms and conditions of the permit.

Any bond or cash deposit required by the City Engineer under this chapter shall be payable to the City and shall be filed with the City Engineer, who shall release it 90 days after satisfactory completion of all work authorized in the permit and fulfillment of all conditions of the permit.

The cash deposit shall be forfeited to the City if work authorized by the permit has not been completed within one year after the permit’s expiration date, provided that no action has been started under Section 6.2.212 or Section 6.2.214 to have the work restored or completed.

The City Engineer may waive the provisions of this chapter relating to cash deposit or surety bond for permits required under Section 6.2.208, except where permits are also required under Title 7 Chapter 12 of this Code, upon satisfactory proof by certificate of insurance that the permittee is adequately insured to assure reimbursement to the City for repair of any damage caused to City property.

In addition to the other requirements of this chapter, the City Engineer may require satisfactory proof by certificate of insurance that the permittee has in force a valid public liability insurance policy which includes the City, its officers, employees and agents as additional insureds. When so required, the insurance coverage shall be in an amount the City Engineer deems sufficient to adequately protect the additional insureds from liability for damages to person(s) or property(s) arising from the activities related to the permit.