Surety Bond Encyclopedia

Single Highway Permit - Other Bond - Indiana DOT in Indiana

Brief Summary

When your INDOT permit is not an occupancy, driveway or broadband permit, this is the bond that backs it. One permit, one bond, written on INDOT's single permit form with the Miscellaneous/Other box checked. You pay a premium instead of posting cash, the bond ends when INDOT signs off on the finished work, and the original goes straight to the district office handling your permit.

INDOT's Performance Bond for Right-of-Way Permits is a single permit form with five permit type boxes: Occupancy (Above Ground), Occupancy (Below Ground), Broadband Access, Driveway, and Miscellaneous/Other. This bond is the Other side of that last box, for a single permit on state right of way that does not fit the named types. The form sets a $10,000 minimum and says the amount should cover the expected project costs. The State of Indiana is the obligee, the permit tracking number goes on the bond, and the notarized original is delivered to the INDOT district office.

We can help with all Indiana bonds!

How to Apply for a Single Highway Permit - Other Bond:

Apply for the permit in INDOT's Electronic Permit System and note the permit tracking number.
Estimate what the work inside the state right of way will cost. The bond must be at least $10,000 and should cover that cost.
Complete the bond application and review the quoted premium.
Receive the executed INDOT Performance Bond for Right-of-Way Permits with Miscellaneous/Other checked and the surety's power of attorney attached.
Have the principal's authorized representative sign in front of a notary. All three pages must be completed, signed and notarized.
Upload the bond in EPS with the application, or attach it to the application after it is submitted.
Deliver the original documents to the INDOT district office handling the permit.
After the work passes final inspection, submit the Bond Release Information Request Form to that district office.

Detailed Information About the Indiana Single Highway Permit - Other Bond:

Which permits fall under Other

The Indiana Administrative Code lists INDOT's permit types at 105 IAC 7-1-4. Besides driveways, public road approaches and right of way occupancy, the rule names two more. A miscellaneous permit is required for any activity on a state right of way not covered by other permits. A railroad crossing closure permit is required for work performed in a state right of way where a railroad is located, but where the work is not being performed on the rail line. The bond form has no separate box for either, so a bonded permit of this kind is written with Miscellaneous/Other checked. INDOT's permits page lists the Miscellaneous Permit application fee at $15 and the Railroad Permit application fee at $1,150. The bond premium is separate from either fee.

How much bond

The single permit form reads: minimum amount is $10,000 and should cover the expected project costs. The $500,000 figure printed next to it applies to broadband, not to other permits. 105 IAC 7-1-14 gives INDOT authority to require an adequate bond on noncommercial applications, so the district permit staff can ask for more than the minimum when the work in the right of way costs more. Work out the cost of what you will actually do inside the right of way, including traffic control and restoration, and bond at least that figure.

What the bond guarantees

Under 105 IAC 7-1-14, a permit bond insures compliance with all terms of the permit and, if the permittee does not comply, covers damages plus witness and court costs and a reasonable attorney fee. The INDOT form repeats that the surety is liable for court costs and attorney fees over and above the penal sum. 105 IAC 7-1-21 adds that the permittee reimburses INDOT's inspection costs, including labor, vehicle mileage and equipment.

A bond is not liability insurance

105 IAC 7-1-29 makes the permittee responsible for injury, loss or damage arising from the permitted work and requires it to hold the state harmless, and INDOT may also require liability insurance. The bond protects the state if you do not perform. It does not pay your own claims, and if the surety pays on the bond, it looks to you to repay it.

When the bond starts and stops

The form asks for the bond number, the permit tracking number, the principal, the surety, the bond amount, the effective date and the permit type. It takes effect on the later of the effective date written on it and the date INDOT accepts it, and it stays in force until released. After INDOT verifies compliance, it completes the Notice of Termination of Liability section on the form. For a single permit bond, the Bond Release Information Request Form goes to the same district office that received the original.

Who may skip the bond

INDOT's Public Permit Guide says schools, churches and local governments may be exempt from application fees or bond requirements by submitting the appropriate waiver.

Eligibility and Requirements for a Indiana Single Highway Permit - Other Bond:

The State of Indiana named as obligee on INDOT's single permit performance bond form, last updated 8/29/2023.
Minimum penal sum of $10,000, raised to cover the expected project costs.
One permit tracking number per bond. The form is for single permit use only.
Surety signature notarized with power of attorney attached, and principal signature notarized.
Premium set by the surety from the bond amount, the principal's credit and financial strength, and the nature of the work.

Indiana Single Highway Permit - Other Bond FAQs:

My permit is not a driveway, occupancy or broadband permit. Which box do I check?

Miscellaneous/Other. Those are the only five boxes on the INDOT single permit form, so anything outside the four named types goes there, including miscellaneous permits and railroad crossing closure permits under 105 IAC 7-1-4.

Is $10,000 always enough?

It is the floor. The form says the amount should cover the expected project costs, and 105 IAC 7-1-14 lets INDOT require an adequate bond. If your work in the right of way will cost more than $10,000, bond for the higher figure.

When is the bond actually in force?

On the later of the effective date written on the bond and the date INDOT accepts it. It then stays in force until INDOT releases it by completing the Notice of Termination of Liability.

Does this bond cover damage to a passing car or a worker injury?

No. That is liability insurance territory. Under 105 IAC 7-1-29 the permittee is responsible for injury, loss or damage from the work, and INDOT may require insurance. The bond guarantees that you comply with the permit.

Where does the original bond go?

To the INDOT district office handling your permit, with a PDF uploaded in EPS. Only blanket bonds are mailed to the central permits office in Indianapolis.