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A.
A Performance and Maintenance Bond, certificate of insurance and indemnification agreement is required when right-of-way activity involves altering or removing and replacing public owned facilities (road cuts, excavations, etc.) Insurance and indemnification agreement is required when right-of-way activity involves special use of public-owned facilities (parades, demonstrations, block parties, etc.)
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B.
The applicant (if a contractor doing business as such), shall file a bond in the penal sum of not less than five thousand dollars ($5,000.00) or as determined by the County Engineer, conditioned on the performance of the work and the maintenance of said work for a period of two (2) years from the completion of such work, all in accordance with the terms.
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C.
In the event that the contractor is performing utility work then a bond in a sum of no less than twenty-five thousand dollars ($25,000.00) or more as determined by the County.
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D.
If appropriate, and the applicant is the owner of land contiguous to the right-of-way sought for a permit, the surety guarantee shall be filed in the penal sum of five hundred dollars ($500.00).
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E.
Any overweight or oversize transportation shall require a permit and shall post a bond in the sum of Five Thousand dollars ($5,000.00) to use the county highways.
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F.
If appropriate, the applicant shall further furnish to the County at the time of making application proof of the fact that they are covered by liability insurance in an amount not less than One Million dollars ($1,000.000.00) for property damage and One Million dollars ($1,000,000.00) for injury to any one person, and Two Million dollars ($2,000,000.00) for an aggregate. Said applicant shall prove to the satisfaction of the County the payment of a premium for said insurance so that the County will be protected for a period of one (1) year from the date of the commencement of the work.
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G.
The applicant agrees to indemnify, defend, exculpate and hold harmless Delaware County, its officials and employees from any liability due to loss, damage, injuries or other casualties of whatsoever kind, or by whosoever caused, to the personal property of anyone on or off the right-of-way arising out of, or resulting from the issuance of this permit or the activity connected herewith, or from the installation, existence, use, maintenance, conditions, repairs alteration, or removal of any equipment or material, whether due in whole or in part to the negligent acts or omissions of (1) the County, its officials, agents, or employees, or (2) the applicant, his agents or employees, or other persons engaged in the performance of the work, or (3) the joint negligence of any of them, including any claims arising out of the workman's compensation act or any other law, ordinance, order, or decree for a period of two (2) years. The applicant also agrees to pay all reasonable expenses and attorney fees incurred by or imposed on the County in connection herewith in the event that the applicant shall default under the provisions of this paragraph.
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H.
A public utility of government operated utility shall be responsible for the design of the utility facility and/or