§ 14-59. Utility service provider and contractor performance bond requirements.

(a)

Prior to the issuance of any permit to a utility service provider or contractor in accordance with this article, or performing any work in the public rights-of-way, either pursuant to a permit or without a permit if authorized by applicable law except in the case of an emergency pursuant to this article, a utility service provider or contractor shall establish in the city's favor a performance construction bond to secure the restoration of the public rights-of-way, and to ensure the permittee's faithful performance of the construction or other work in the public rights-of-way, in accordance with applicable sections of the city Code. The performance construction bond must name the city as obligee and be conditioned upon the full and faithful compliance by the permittee with all requirements, duties, and obligations imposed by the permit and provisions of this article during and through completion of the placement or maintenance project. The performance construction bond shall be in an amount as determined by the city based on one hundred ten (110) percent of the estimated costs of the restoration of the public rights-of-way. No performance construction bond is required if the estimated costs of the restoration of the public rights-of-way is less than one thousand dollars ($1,000.00) provided the utility service provider or contractor has a fully replenished performance cash bond on file with the city. The bond shall be issued by a surety licensed to operate in Florida having a minimum rating of A-1 in Best's Key Rating Guide, Property/Casualty Edition; shall be subject to the approval of the city attorney and may be administratively accepted by the city manager.

(b)

In the event a utility service provider or contractor subject to such a performance construction bond fails to complete the work in a safe, timely and competent manner in accordance with the provisions of the permit or city Code, there shall be recoverable, jointly and severally from the principal and surety of the bond, any damages or loss suffered by the city as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the utility service provider or contractor, or the cost of completing the work, plus a reasonable allowance for attorney's fees, up to the full amount of the bond. The performance construction bond must be issued as non-cancelable and shall provide the following: "This bond may not be canceled, or allowed to lapse, until 60 days after receipt by the City, by certified mail, return receipt requested, of a written notice from the issuer of the bond of intent to cancel or not to renew."

(c)

The performance construction bond shall be for a term of not less than one (1) year after the anticipated date of the later of completion of construction, restoration and city inspection. In the event the term of any performance construction bond expires, or is reasonably expected to expire, prior to one (1) year after the completion of construction, restoration and city inspection, the utility service provider or contractor shall immediately obtain, pay for, and file with the city a replacement performance construction bond. No less than one (1) year after completion of the construction and satisfaction of all obligations in accordance with the bond, the utility service provider or contractor may request that the city remove the requirement to continue the performance construction bond. Notwithstanding, the city may require a new bond for any subsequent work performed in the public rights-of-way.

(d)

The rights reserved by the city with respect to any performance construction bond established pursuant to this article are in addition to all other rights and remedies the city may have under this article, or at law or equity, and no action, proceeding or exercise of a right with respect to the performance construction bond will affect any other right the city may have.

(Ord. No. 18-16 , § 2, 11-13-18)