Restoration of Highway Right of way Bond - Arkansas DOT in Arkansas

Brief Summary

ARDOT will not issue certain right of way permits until a deposit or bond is on file with the District Engineer. A surety bond on ARDOT's own restoration form lets you meet that condition without leaving cash with the state, and because the form covers permits issued on and after its effective date, one bond can back your ongoing permit work.

The Arkansas Department of Transportation uses its Bond to Guarantee Satisfactory Restoration of Highway Right of Way for permittees who dig up or disturb a state highway right of way. The bond promises that if the principal fails to comply with its ARDOT permits, it will pay the Arkansas Highway Commission the full cost of putting the highway and right of way back in as good a condition as before. ARDOT fills in the bond amount for the permit, so confirm the amount with the District Permit Officer before the bond is written.

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How to Apply for a Restoration of Highway Right of way Bond:

• Apply for the ARDOT Access Driveway Permit or Special Permit through the District Permit Officer.
• Get the bond or deposit amount ARDOT writes on the permit.
• Have the surety issue the bond on ARDOT's Bond to Guarantee Satisfactory Restoration of Highway Right of Way form.
• Sign as principal and have the surety and resident agent complete their sections.
• Deliver the executed bond to the ARDOT District Engineer before the permit is issued.
• Finish the work to permit terms so the obligation ends.

Detailed Information About the Arkansas Restoration of Highway Right of way Bond:

Why ARDOT asks for it

Ark. Code Ann. 27-67-218, quoted on the bond form, makes it unlawful to dig up or otherwise disturb any part of a state highway to lay pipelines, sewers, poles, wires, ditches, railways or anything else unless the State Highway Commission authorizes it. ARDOT authorizes that work through permits issued by the Permit Officer in each district, and the restoration bond is how it secures the repair work.

When a bond comes up

The Access Driveway Permit requires a deposit or surety bond, in an amount written on the permit, to be placed with the ARDOT District Engineer before a driveway permit for a commercial concern is issued. If the work is finished as specified the deposit is returned. If not, ARDOT revokes the permit, calls the deposit or bond and removes the driveway. Special Permits cover other work on the right of way, such as sidewalks, placing fill, removing soil or mowing, and ARDOT says those may or may not require a bond deposit to guarantee restoration.

What the bond says

The State of Arkansas is the obligee. The principal and a corporate surety are bound in the sum ARDOT enters on the form. The bond covers permits ARDOT issues to the principal on and after its effective date, so it can work as a standing bond for repeat permittees such as utilities and contractors. The surety may cancel with 30 days written notice to ARDOT, but it stays liable for anything that accrued before cancellation.

Before you buy

Get the bond amount and the district from your Permit Officer. Use ARDOT's form exactly as published and have it executed by the principal, the surety and an Arkansas resident agent before it goes to ARDOT for approval.

Eligibility and Requirements for a Arkansas Restoration of Highway Right of way Bond:

• State of Arkansas named as obligee on the ARDOT form.
• Bond amount matching the figure ARDOT sets on the permit.
• Corporate surety with an Arkansas resident agent signature.
• Restoration of the highway and right of way to its prior condition.
• Compliance with ARDOT permit conditions and Standard Drawings.

Arkansas Restoration of Highway Right of way Bond FAQs:

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