§ 58-76. Performance construction bond.

(a)

Prior to the issuance of any permit 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 registrant or contractor that applies for a permit on behalf of a registrant shall deposit with the city a cash performance construction bond, consistent with section 58-35 of the Code, to secure the restoration of the public rights-of-way, and to ensure the registrant's or contractor's faithful performance of the construction or other work in the public rights-of-way, in accordance with applicable sections of the Code. The cash performance construction bond shall be conditioned upon the full and faithful compliance by the registrant or contractor 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 110 percent of the estimated costs of the restoration of the public rights-of-way submitted by the applicant. For a consolidated permit, the registrant or contractor shall provide a cash performance construction bond based on the amount of the total costs of the restoration of the public rights-of-way for all small wireless facilities to be collocated on utility poles within the public rights-of-way, but in no event, shall be less than $10,000.00. Notwithstanding any provision herein, the minimum amount of the performance construction bond for a new or replaced utility pole or small wireless facility over six cubic feet shall be $25,000.00. The city shall not require a performance construction bond if the estimated cost of restoration of the public rights-of-way is less than $1,000.00.

(b)

In the event a registrant or contractor subject to such a cash performance construction bond fails to complete the work in a safe, timely and competent manner in accordance with the provisions of the permit or Code, there shall be recoverable, from such cash construction 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 registrant, or the cost of completing the work, plus a reasonable allowance for attorney's fees, up to the full amount of the bond.

(c)

The performance construction bond shall be non-cancelable and shall be for a term of not less than one-year after the anticipated date of the later of completion of construction, restoration and city inspection. No less than one-year after completion of the construction and satisfaction of all obligations in accordance with the bond, the registrant or contractor may request that the city remove the requirement to continue the performance construction bond. In accordance with the current standards of the city, and satisfaction of all obligations in accordance with the bond, the city shall return the cash performance construction bond without interest. Notwithstanding, the city shall require a new cash performance construction bond for any subsequent work performed in the public rights-of-way as required by this article.

(d)

The rights reserved by the city with respect to any performance construction bond established pursuant to this division 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. 2018-13 , § 3, 8-7-2018)