1080.20   CONSTRUCTION AND REMOVAL BONDS.
   (a)   Construction Bond.  Prior to the commencement of any construction, a right-of- way construction permittee, excluding the County, City, or RTA shall deposit with the Director of Public Works an irrevocable, unconditional letter of credit and/or surety bond in an amount to be determined by the Director of Public Works to be appropriate based upon fair and reasonable criteria. Unless a construction default, problem, or deficiency involves an emergency or endangers the safety of the general public, the Director of Public Works shall serve the right-of-way construction permittee with notice detailing any construction default, problem, or deficiency. If the Director of Public Works determines that correction or repair of the construction default, problem or deficiency has not occurred or has not been substantially initiated within ten calendar days after the date following service of notification and detailing the construction default, problem or deficiency, then the City may attach the letter of credit or surety bond. Upon attachment, written notice shall be served on the right-of-way construction permittee by the Director of Public Works.
   (b)   Removal Bond.  Upon issuance of a certificate of registration, and continuously thereafter until 120 days after a provider's facilities have been removed from the rights-of- way, (unless the Director of Public Works notifies the provider that a reasonably longer period shall apply), a provider shall deposit with the Director of Public Works and maintain an irrevocable, unconditional letter of credit or a surety bond in an amount equal to or greater than fifty thousand dollars ($50,000). The Director of Public Works shall make all reasonable effort to allow provider a period of five business days after serving notification to correct or repair any default, problem or deficiency prior to Director of Public Works' attachment of letter of credit or surety bond regarding the removal of facilities. Upon attachment, written notice shall be provided to the provider by the Director of Public Works.
   (c)   Blanket Bond.  In lieu of the construction bond required by subection (a) hereof and the removal bond required by subsection (b) hereof, provider may deposit with the Director of Public Works an irrevocable, unconditional letter of credit and/or surety bond in the amount of five million dollars ($5,000,000). Unless a construction default, problem or deficiency involves an emergency or endangers the safety of the general public, the Director of Public Works shall make all reasonable effort to allow permittee a period of five business days after sending notification in writing to the last known business address to correct or repair any construction default, problem or deficiency prior to Director of Public Works' attachment of letter of credit or surety bond. Upon attachment, written notice shall be provided to the provider by the Director of Public Works.
   (d)   Self Bonding.  In lieu of the construction bond required by subsection (a) hereof, the removal bond required by subsection (b) hereof and the blanket bond required by subsection (c) hereof, only the County, City, or RTA may submit a statement to the Director of Public Works requesting to self-bond.
   (e)   Purposes.  The bonds required by this section, and any self bonding to the extent it has been permitted, shall serve as security for:
      (1)   The faithful performance by the permittee or provider of all terms, conditions and obligations of this chapter;
      (2)   Any expenditure, damage, or loss incurred by the city occasioned by the permittee or provider's violation of this chapter or its failure to comply with all rules, regulations, orders, permits and other directives of the City issued pursuant to this chapter;
      (3)   The payment of all compensation due to the City, including permit fees;
      (4)   The payment of premiums for the liability insurance required pursuant to this chapter;
      (5)   The removal of facilities from the rights-of-way pursuant to this chapter;
      (6)   The payment to the City of any amounts for which the permittee or provider is liable that are not paid by it's insurance or other surety; and
      (7)   The payment of any other amounts which become due to the City pursuant to this chapter or other law.
   (f)   Form.  The bond documents required by this section, and any replacement bond documents, shall contain the following endorsement: “It is hereby understood and agreed that this bond may not be canceled or not renewed by the surety nor the intention to cancel or not to renew be stated by the surety until ninety (90) days after completion of Construction of the Facilities and, notwithstanding the foregoing, shall in no case be canceled or not renewed by the surety without ninety (90) days advance written notice to the City of surety's intention to cancel or not renew this bond.”
(Ord. 12-03.  Passed 5-19-03; Ord. 05-17.  Passed 4-17-17.)