§ 78-407. Construction bond.

(a)

Except in the case of an emergency, prior to performing any work in the public rights-of-way, a registrant may be required to establish in the city's favor a construction bond, or other form of surety acceptable to city, in an amount equal to at least 100 percent of the estimated cost of the work within the public right-of-way to ensure the registrant's completion of the construction and restoration of the public right-of-way, in accordance with applicable sections of this code. The amount of the construction bond may be modified in the city administrator's reasonable discretion, based on the estimated cost of the restoration of the public right-of-way, and any previous history of the registrant concerning restoration within the public rights-of-way of the city. The city administrator, in his discretion, may request a certified estimate of the cost of restoration by a state registered professional civil engineer or certified by a person who is exempt from such requirements as provided in F.S. § 471.003. The construction bond shall be valid for 12 months from completion of the work in the right-of-way.

(b)

If a registrant subject to such a construction bond fails to complete the work in a safe, timely and competent manner in accordance with the provisions of the permits, 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 of any property of the registrant, or the cost of completing the restoration of the right-of-way, plus a reasonable allowance for attorneys' fees, up to the full amount of the bond.

(c)

Twelve months after completion of the construction and restoration of the right-of-way, and satisfaction of all obligations in accordance with the bond, the city shall release the bond. Notwithstanding, the city may require a new bond for any subsequent work performed in the public right-of-way.

(d)

The construction bond shall be issued by a surety acceptable to the city.

(e)

The construction bond shall include a provision which provides that: "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."

(f)

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

(Ord. No. 4774-18, § 2, 10-22-2018)