17.08.080 PAVING, CONSTRUCTION, EXCAVATION, OBSTRUCTION—PERMIT—PERFORMANCE DEPOSIT—LIABILITY INDEMNIFICATION—REQUIRED.
(a) The permit and specifications for restoration mentioned and required by the provisions of Section 17.08.070 shall be in such form as may be specified by the Superintendent of Streets, and shall be granted and issued upon the deposit, with the application therefor, with the Superintendent of Streets, of bond or cash deposit in an amount and form to be fixed and determined by the Superintendent of Streets, of bond or cash deposit in an amount and form to be fixed and determined by the Superintendent of Streets, but not to exceed the actual cost of all work to be done in the encroachment area, including restoration, but not less than $5,000.00 in any event, together with evidence of the insurance of coverage required by subsection (c) of this section.
The bond or cash deposit shall guarantee to the City that the permittee will comply with the terms and conditions of his or her contractual obligation assumed in accepting the permit and will remove, or cause to be removed, all dirt, debris, or materials of any kind from the street, to the satisfaction of the Superintendent of Streets, immediately upon the completion of the proposed work, or at such time prior thereto, when, in the judgment of the Superintendent of Streets, the public interest and convenience will be subserved by the removal of the same, or any portion thereof, and that said person will repair all damage done by him or her to the street, gutter, curb, sidewalk, or any City property, and complete such further restoration as may be specified on the permit.
On the completion of the removal of such dirt, debris and materials, and the repair of all damage done to the street, gutter, curb, sidewalk, or any City property, and required restoration thereof to the satisfaction of the Superintendent of Streets upon inspection, at the request of the permittee, the bond shall be released or the amount so deposited shall be returned to the person making the deposit.
Such release or return of bond or deposit shall not waive any rights of the City nor obligations of the permittee as to any latent or concealed defect in any repair or restoration which was, or should have been, performed under the permit.
Where latent or concealed defects are discovered after the permittee has had his or her bond released or deposit returned, the Superintendent of Streets shall notify the permittee of this discovery, who shall, within three days of such notification, undertake to correct such defects as exist, or shall be liable to the City for the cost of performing, or having performed, such correction.
(b) Upon the failure or neglect of the permittee to remove or cause to be removed to the satisfaction of the Street Superintendent, such dirt, debris or materials, or to complete such restoration as required by the permit, as aforesaid, upon the completion of the proposed work, or within three days after being notified to do so by the Street Superintendent, the money so deposited as a guaranty, or so much thereof as may be necessary, shall be used by the Street Superintendent in the removal of such dirt, debris or materials, or to complete such restoration as required by the permit. If the amount on deposit should be inadequate, or has been returned or released, the Superintendent of Streets shall cause the permittee to be billed by the City for the full amount of such costs borne by the City, including administrative overhead, as are incurred in performing, or having performed, the work for which the permittee is obligated to have performed hereunder.
(c) The application shall also require the applicant to indemnify, defend and hold harmless the City of San Mateo, its officers, agents and employees from any and all claims of loss or injury of any nature whatsoever which may arise out of the applicant's use of, and activities under, the privilege granted him or her by the permit. The applicant shall also be required to file with the City a policy or certificate of insurance naming the City, its officers, agents and employees as additional insureds in an amount to be fixed by the Superintendent of Streets, but not less than $300,000.00 per occurrence. No permit shall be granted until evidence of such coverage has been filed with the City.