Surety Bond Encyclopedia

Right of Way Bond - Harris County, TX in Texas

Brief Summary

Most contractors expect one flat Harris County right of way bond amount. There isn't one. The County Engineer sets the bond by the work you are doing, with a $5,000 minimum per crossing and higher figures for linear footage, traffic signals and road work. Get the amount and the Harris County bond form right on the first submission and the notification can go straight into the county's 10 business day review.

Harris County requires a surety bond on its own bond form with every Notification of Construction in the Right of Way. The amount is calculated: a minimum of $5,000 per right of way crossing, $8 per linear foot for work other than irrigation, $2 per foot for irrigation lines, the greater of $80,000 or 100% of construction cost per traffic signal, and the greater of $40,000 or 100% of construction cost per median modification, turn lane, road widening, storm sewer bore, tunnel or roadway open cut. Contractors must post a new bond for each project. Perpetual bonds are reserved for public utility companies and engineering firms filing for them.

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How to Apply for a Right of Way Bond:

Work out the bond amount from your plans. Crossings, linear footage, traffic signals and road items each carry their own minimum.
Request a new bond for this project. Harris County does not accept an existing bond.
Have the bond written on the Harris County bond form, with the surety's power of attorney attached.
Make sure the seals on the bond are embossed or raised.
File the bond with the Notification of Construction in the Right of Way through e-Permits, by mail or in person.
Request the final inspection 90 days before the expiration date on the bond.

Detailed Information About the Texas Right of Way Bond:

The amount is calculated, not fixed

The Harris County Office of the County Engineer lists minimum bond amounts by type of work, not a single figure:

$5,000 per right of way crossing
$8 per linear foot, other than irrigation
$2 per foot for irrigation line installation in the right of way
$80,000 or 100% of the construction costs, whichever is greater, per traffic signal
$40,000 or 100% of the construction costs, whichever is greater, per median modification, turn lane, road widening, storm sewer bore, tunnel or roadway open cut

If your plans include more than one of these items, ask the Public Review Group how they combine before you request the bond, so the amount on the bond matches what the county will accept.

Who posts it

The county requires a notification whenever an individual, contractor or utility company plans to work in Harris County right of way. The examples it gives are non-residential sidewalk construction, roadway paving, left turn lanes, median openings, and utility crossings, repairs or connections for waterlines, sewer lines and pipelines. The contractor submits the notification together with the bond.

New bond every time, unless you are a utility

The county states that a contractor must use a new bond and that an existing bond will not be accepted. Perpetual bonds are available only to public utility companies and to engineering firms submitting on behalf of public utility companies. The County Engineer also runs separate Flood Control District right of way notifications, with their own standard and perpetual bond options.

Form and filing

The bond must be written on the Harris County bond form, with the surety's power of attorney attached and seals that are embossed or raised. The notification and bond can be filed through the county's e-Permits system or delivered by mail or in person. The county targets 10 business days for processing, the permit is valid for 6 months, and plan review and inspections are required. Fees are set by the county fee schedule and confirmed in the approval email.

Watch the bond expiration date

After construction, the contractor submits an Initial Inspection Request for work in Right of Way. The final inspection must be requested 90 days prior to the expiration date on the bond. Ask for a bond term that leaves room for that window. The governing rules are the county's Construction in Harris County or Harris County Flood Control District ROW Regulations. Questions go to the Public Review Group at (713) 274-3931.

Eligibility and Requirements for a Texas Right of Way Bond:

Harris County named as obligee on the county's own bond form.
Minimum of $5,000 per right of way crossing, with higher calculated amounts for footage, traffic signals and road work.
Plan review and inspections by the Office of the County Engineer.
Traffic control plan when the county requires one.
Perpetual bond option only for public utility companies and engineering firms filing for them.
Underwriting review of the contractor. Credit and the size of the bond shape the premium.

Texas Right of Way Bond FAQs:

How much is a Harris County right of way bond?

It depends on the work. The county minimums are $5,000 per right of way crossing, $8 per linear foot other than irrigation, $2 per foot for irrigation lines, the greater of $80,000 or 100% of construction cost per traffic signal, and the greater of $40,000 or 100% of construction cost per median modification, turn lane, road widening, storm sewer bore, tunnel or roadway open cut.

Can I reuse the bond from my last Harris County job?

No. The County Engineer states that you must use a new bond and that an existing bond will not be accepted.

We are a utility company. Do we need a bond for every project?

Harris County offers perpetual bonds to public utility companies and to engineering firms submitting on behalf of public utility companies. Ask the Public Review Group which form applies before the bond is issued.

What form does the bond go on?

The Harris County bond form. Attach the surety's power of attorney, and make sure the seals are embossed or raised. A bond on a generic form is not what the county asks for.

How long does the bond need to stay in force?

The notification permit is valid for 6 months, and the final inspection must be requested 90 days prior to the expiration date on the bond. Choose a bond term that covers construction plus that inspection window, and confirm it with the county when you file.