Right of Way Performance Bond - City of Fort Lauderdale, FL in Florida

Brief Summary

Fort Lauderdale will not issue many right of way permits until the bond is on file, and the city only takes a surety bond from the contractor who qualifies the permit. If you are that contractor, the bond lets you post the required security without tying up cash, and it goes on the city's own form so there is no back and forth over wording.

The City of Fort Lauderdale requires a performance bond for right of way permits covering work such as sidewalks, curb and gutter, ADA ramps, paving restoration, water and sewer work, drainage improvements, dewatering discharge and equipment placed in the right of way. The Engineering Reviewer sets the bond amount in the permit comments or conditions, under City Code Section 25-112, Construction Bond. A surety bond must be issued for the prime or subcontractor who qualifies the permit. Owners and developers must use the cash bond option instead.

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How to Apply for a Right of Way Performance Bond:

• Apply for the right of way permit and wait for the Engineering Reviewer to post the bond amount in the permit comments or conditions.
• Confirm the bond will be issued for the prime or subcontractor who qualifies the permit.
• Use the city's Performance Bond for Construction in City Rights of Way form.
• Complete the surety application with company and owner information for underwriting.
• Have the principal and surety sign with two witness signatures each, corporate seal and date, and attach an original raised seal power of attorney.
• Hand deliver the original bond to the Engineering Division at 700 NW 19th Avenue and pull a ticket for Engineering, Bond.
• Email PermitIntake@fortlauderdale.gov if the permit status shows Awaiting Issuance.

Detailed Information About the Florida Right of Way Performance Bond:

Who can use a surety bond here

This is the point most applicants miss. The city states that surety bonds may be issued only for the prime or subcontractor who is the permittee qualifier. A property owner or developer pulling the permit cannot buy a surety bond for it and must post a cash bond by check payable to the City of Fort Lauderdale. If you are an owner, the practical fix is to have your qualifying contractor pull the permit and post the bond.

How the amount is set

There is no flat amount and no published percentage. The Engineering Reviewer posts the required bond amount in the permit comments or conditions, based on the scope of work. Additional bond requirements can apply depending on project scope and permit conditions. Wait for that figure before ordering the bond so the penal sum matches.

What the bond guarantees

The city's form, Performance Bond for Construction in City Rights of Way, names the City of Fort Lauderdale as obligee. The surety guarantees the restoration and repair of paving, shoulders and drainage features and compliance with the applicable city provisions, specifications and standards. The bond stays in force for one year after the city accepts the improvements, including any warranty or maintenance period. The principal must request an inspection no more than thirty days before that anniversary. The form also references the insurance coverage required by Section 25-113 of the City Code, which is a separate requirement from the bond.

Filing the bond

The original bond is required. Copies are not accepted. It is hand delivered to the Development Services Department, Engineering Division, 700 NW 19th Avenue, Fort Lauderdale, FL 33311, where you pull a ticket for Engineering, Bond. If the permit shows Awaiting Issuance, notify PermitIntake@fortlauderdale.gov that the bond has been delivered.

Eligibility and Requirements for a Florida Right of Way Performance Bond:

• Principal must be the permit qualifying prime or subcontractor. Owners and developers post cash instead.
• City of Fort Lauderdale, Florida named as obligee.
• Penal sum equal to the amount posted by the Engineering Reviewer.
• Original bond only, no copies.
• Bond remains in force for one year after city acceptance, including any warranty or maintenance period.
• Insurance coverage under City Code Section 25-113, which is separate from the bond.

Florida Right of Way Performance Bond FAQs:

Official and Additional Resources for the Florida Right of Way Performance Bond: