An Illinois highway permit bond and permit are required under law (605 ILCS 5/4 209) when performing any work that encroaches or touches upon the right-of-way of an Interstate, U.S. state route, Illinois state route, or state-maintained roadway. The Illinois Department of Transportation regulates the issuance of permits and has modeled its Rules to follow the intent of federal law to address safety and mobility issues starting early in project development and continuing throughout project completion. The permit grants a contractor the "permission and authority to construct access driveways and appurtenances thereto from private properties to and on State highways."
The surety bond obligation is clear. The form guarantees that the principal will complete the construction work in accordance with the terms and conditions of the permit and not deviate from the permit sketches, to the satisfaction of said Department of Transportation, and accomplish no other work at the permitted location(s) without first applying for and receiving other permits from the Department. The surety bond further guarantees that the Department may tax the bond costs and expenses needed to change or correct any work performed during a period of five years from the date of issuance of the permit. The surety may cancel the bond on sixty days notice however the obligation carries mandatory five year claims tail. The permit applicant may offer an individual Illinois highway permit bond for one specific project location or may submit a blanket highway permit bond if work is to be performed at multiple job sites within the state.
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