Commission adopts ordinance replacing trench-maintenance fee with contractor bond for roadway repairs

The Birmingham City Commission approved an ordinance amendment on Dec. 1 that replaces the current trench-maintenance fee with a trench-maintenance bond requirement for contractors who disturb city right-of-way while connecting water or sewer lines.

City Engineer Melissa Coda explained the change is intended to streamline administration and ensure work is completed to city standards: "We're asking for the ordinance to be amended, to be able to say that it's gonna be a bond," she said. Under the new approach, contractors will continue to put up an amount comparable to the existing fee, but that amount will be held as a bond and returned only after the city inspects and accepts final pavement work. If contractors fail to complete work satisfactorily, the city may use bond funds to perform repairs.

City Manager Ecker reviewed the 2019 change that shifted final pavement responsibility to the city in order to bundle repairs into an annual paving program; staff said the bond mechanism is intended to reassign final responsibility to builders while protecting the city's ability to deliver timely repairs if necessary. Commissioners discussed practical concerns: whether the bond amount gives contractors sufficient incentive not to walk away, the administrative load of more frequent inspections, and alternative models (for example, an on-call contractor or more frequent mobilization). Engineering staff said the bond amount will be updated annually to reflect bid history and that compaction testing and geotechnical inspections required in the 2019 ordinance will remain in place.

Commissioner 9 moved and the commission adopted the ordinance amendment and a fee-schedule resolution updating right-of-way permit requirements, including a trench-maintenance bond effective Jan. 1, 2026. Roll call recorded the motion as approved by present commissioners.