(A) Where in the opinion of the County Engineer the improvements may impact county improvements in the right-of-way, a permit bond for the estimated cost of the impact shall be provided to the County Engineer. The bond shall be submitted and approved prior to issuance of a permit.
(B) The permit bond shall obligate the applicant to perform all duties required by the terms of the permit and to the satisfaction of the County Engineer, and shall pay all lawful claims of the contractor, vendors and laborers for labor performed and materials furnished, or other services rendered in the carrying forward, performing and completing of the permit.
(C) The standard bond amounts shall be as set forth in the schedule of bonds as approved by the County Commissioners.
(D) The County Engineer may allow utilities intending to file for multiple permits to have an annual permit bond for utility work in the county right-of-way in an amount acceptable to the County Engineer. The minimum annual permit bond amount requirement is $25,000. The annual permit bond shall be written so that it covers all contemplated projects within the county and automatically renews, unless the surety gives the County Engineer a written notice 60 days prior to the annual expiration date. An annual permit bond cannot be used for drive or public road approach permits.
(E) The County Engineer shall have the authority to develop bond forms and to approve bonds received for improvements.
(F) Prior to the release of any permit bond, the County Engineer will inspect to determine the completion of construction according to the terms of the permit and to the satisfaction of the County Engineer.
(G) At the discretion of the County Engineer, a maintenance bond may be required from an applicant as a condition of approval or as a condition of releasing the permit bond. A utility company having a certificate of authority or franchise issued by the Indiana Utility Regulatory Commissioner and who has a continuous bond on file with the County Engineer may use the permit bond in lieu of the maintenance bond when approved by the County Engineer.
(H) If the bond company sends notice that the bond is being canceled at any time prior to completion of the conditions for which the bond is obligated, the total amount of the bond shall become immediately due and payable to the County Board of Commissioners. If a maintenance bond is not submitted upon completion of the work, the total amount of the permit bond covering the work will become immediately due and payable to the County Board of Commissioners and no additional permits will be issued to the applicant.
(Ord. 2023-11, passed 3-14-2023)