Surety Bond Encyclopedia

Right of Way Permit (Partnership) Bond - City of Brenham, TX in Texas

Brief Summary

Brenham sets this bond by the kind of work, not a single figure. A driveway or tree planting job needs a $2,000 bond, while any cut into a street, sidewalk or pavement, or digging within 5 feet of pavement, needs a bond for 120 percent of the construction cost. Knowing which tier your job falls in before you apply keeps the permit from stalling at Development Services.

The City of Brenham requires a performance bond before it issues a right-of-way use permit. Under Section 2.04 of the city's Public Infrastructure Design Manual, the bond is 120 percent of the original construction cost for street, sidewalk or pavement excavation or excavation within 5 feet of pavement, and $2,000 for residential driveways, street tree planting or other work. This listing is for a partnership applying as the permittee, with the bond written in the partnership's legal name.

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How to Apply for a Right of Way Permit (Partnership) Bond:

Decide which Section 2.04 tier the work falls in: pavement related excavation at 120 percent of construction cost, or other work at $2,000.
For pavement work, pin down the original construction cost and multiply by 1.2 to get the bond amount.
Have the partnership's legal name exactly as it appears on the ROW permit application, plus partner information for underwriting.
Complete the bond application, pay the premium and receive the executed bond.
Submit the bond and certificates of insurance to the City of Brenham with the ROW permit application before work starts.
Keep the bond in force until the City accepts the work after the one-year maintenance period.

Detailed Information About the Texas Right of Way Permit (Partnership) Bond:

Which bond amount applies to your job

Brenham's right-of-way rules live in Chapter 2, Right-of-Way Use, of the City of Brenham Public Infrastructure Design Manual adopted by the City Council in September 2022. Section 2.04 sets two bond amounts:

1. Work requiring street, sidewalk or pavement excavation, or excavation within 5 feet of pavement: 120 percent of the original construction cost. 2. Residential driveways, street tree planting or other work: $2,000.

The 120 percent tier is where applicants get caught. The bond is figured on the full original construction cost of the work, plus 20 percent, so have a firm cost number before you request the bond.

Who needs a permit and who does not

Section 2.03 says any disturbance within the roads, streets and easements of the city requires a ROW use permit, approved by the City Development Services Department. Two kinds of work are exempt from the permit: excavation for telecommunication service drops completed within 48 hours, and routine maintenance of existing utilities that does not close a lane for more than two hours and is finished the same day.

What the bond guarantees

Before the permit issues, the applicant delivers the bond to the City, which keeps it on file. It is conditioned on the applicant promptly adjusting, paying and settling all legitimate claims for damages caused by carelessness or negligence, and it covers the cost of repairs to the street, sidewalk or other public place made necessary by the cut or excavation.

The bond outlasts the job

The permittee must maintain its repairs for one year after completion, and the bond has to stay in force until the City accepts the work at the end of that one-year maintenance period. Do not cancel it when the crew leaves.

Insurance comes with it

Section 2.04 also requires proof of commercial general liability, automobile liability and workers' compensation coverage before the permit issues, with minimum limits of $100,000 per occurrence for bodily injury and property damage on the liability policies. Network providers placing nodes in the right of way follow Chapter 26, Article 7 of the Brenham Code of Ordinances, and their permit form calls for at least $1,000,000 of general liability coverage.

Applying as a partnership

When a partnership holds the permit, the partnership is the principal on the bond and its legal name must match the permit application. Confirm the current bond form and filing steps with Brenham Development Services before the bond is issued.

Eligibility and Requirements for a Texas Right of Way Permit (Partnership) Bond:

Bond of 120 percent of original construction cost for street, sidewalk or pavement excavation or excavation within 5 feet of pavement.
Bond of $2,000 for residential driveways, street tree planting or other right-of-way work.
City of Brenham named as obligee, with the bond kept on file by the City.
Commercial general liability, automobile liability and workers' compensation insurance, with liability limits of at least $100,000 per occurrence.
Partnership name on the bond matching the permit application.
Compliance with Chapter 2 of the Public Infrastructure Design Manual and Chapter 26 of the Brenham Code of Ordinances.

Texas Right of Way Permit (Partnership) Bond FAQs:

How much is the Brenham right-of-way bond?

It depends on the work. Street, sidewalk or pavement excavation, or excavation within 5 feet of pavement, requires 120 percent of the original construction cost. Residential driveways, street tree planting and other work require $2,000.

Is any work exempt from the permit?

Yes. Section 2.03 exempts excavation for telecommunication service drops completed within 48 hours, and routine maintenance of existing utilities that does not require a lane closure longer than two hours and is completed the same day.

When can the bond be cancelled?

Not when construction ends. The permittee maintains its repairs for one year, and the bond stays in place until the City accepts the work after that maintenance period expires.

Who holds the bond?

The City of Brenham. Section 2.04 says the applicant executes and delivers the bond to the City before the permit is issued, and the City keeps it on file.

What does the premium depend on?

The surety looks at the bond amount, the partnership's finances and the credit and experience of its partners. A $2,000 driveway bond and a large pavement bond are underwritten very differently.