Getting a Bend Right of Way Bond for Your City of Bend Permit or Project

If the City of Bend has told you that you need a bond before you can dig, pave, trench, or build in the public right of way, you are in the right place. A Bend right of way bond is a requirement that can stall a job, and most contractors run into it for the first time when they are trying to pull a permit. The good news is this is routine work for us, and we can usually get you taken care of quickly.

 

We have been writing surety bonds since 1971 and help contractors across Oregon meet local and state bonding requirements every day. If you already know what you need, you can start a quote here and we will get right back to you. Below we explain what this bond is, why the City asks for it, and how the amount gets set.

 

What a Bend Right of Way Bond Actually Does

The public right of way is everything the City controls in the street corridor: the roadway, sidewalks, curbs, the area under the pavement where utilities run, and the land the City owns along the road. When you work there, you are working on public property, and the City wants a guarantee that the work gets finished correctly and the right of way is restored.

 

That guarantee is the bond, a three party agreement. You are the contractor, the City of Bend is the obligee the bond protects, and the surety company backs you up. If you left a trench unfilled or walked away from permitted work, the City could make a claim, the surety would step in, and you would owe the surety back. Carrying the bond is what lets you legally do the work.

 

This is the same family of protection covered under our broader right of way and encroachment bonds, scoped to the Bend area. If your project sits in unincorporated county road right of way instead of city streets, you may need a Deschutes County road bond instead, so confirm which jurisdiction controls your work location.

 

Who Needs One and When

Utility contractors, excavators, and grading crews working under a City of Bend right of way permit are the most common, along with contractors going after the City's Qualified Right-of-Way Contractor License, which Bend requires before you work in the public right of way. And if you are the successful bidder on a City public improvement contract, such as a street, sewer, or water project, your bonding comes from Oregon state law instead. We cover both paths below.

 

How the City of Bend Sets This Up

The City of Bend regulates work in the public right of way under Bend Municipal Code Chapter 3.40, which covers right of way permits. Under that chapter, the City can require a permittee to provide security in a form acceptable to the City to cover defects found during the maintenance and warranty period after the City accepts the work. In plain terms, the City can hold a guarantee that the work holds up and the right of way stays restored.

 

Bend also runs a Qualified Right-of-Way Contractor License program. Contractors generally need that license to work in the right of way, and depending on the type and size of the work, the City may require a performance bond or equivalent security in an amount sufficient to ensure completion of the work and restoration of the right of way. So the bond is not a flat, published number. It is variable and agency set, based on your scope and work type and what the City decides is enough to protect the public.

 

Bend issues these requirements through the permit and license packet rather than a standalone city bond form, so there is no generic form to hand you here. What matters is that the obligation covers the same two things every time: completion of the permitted work and restoration of the right of way. We match your bond to what the City's packet calls for.

 

Public Improvement Work Is Different: ORS 279C.380

If your work is a City of Bend public improvement contract rather than a permit, your bonding comes from Oregon state law. ORS 279C.380 requires the successful bidder to provide both a performance bond and a payment bond, each equal to the full contract price, the 100 percent standard you will hear about. The performance bond guarantees you complete the project as contracted, and the payment bond guarantees your subcontractors and suppliers get paid.

 

The statute applies to public improvement contracts above set dollar thresholds, and an agency can waive or adjust the requirement in certain cases. The amount is tied to your contract price, so send us the contract value and we can tell you the bond amount right away.

 

What This Costs

You do not pay the full bond amount, just an annual premium, a small percentage of it, based on the bond size and your credit and business history. Larger public improvement bonds are underwritten more closely, while smaller permit and warranty securities are usually quick and straightforward. Send us the bond amount, or the contract price for public improvement work, plus a little background on your company, and we will shop your bond, including for contractors still building their credit, to find a strong rate.

 

Frequently Asked Questions

How much is a Bend right of way bond?

The bond amount is variable and set by the City based on your work type and scope. For public improvement contracts, Oregon law sets the performance and payment bonds at the full contract price. Once we know the required amount, we can quote your annual premium, which is a percentage of that amount.

Is this the same as the Qualified Right-of-Way Contractor License?

They go together. The license is the City's approval to work in the right of way, and the bond or security is one requirement that can come with the permit or license, depending on your work type and size. We can bond you either way.

What does the bond guarantee?

It guarantees you will complete the permitted work and restore the public right of way, and during the warranty period it can cover defects the City finds after accepting the work. For public improvement contracts, the performance bond guarantees completion and the payment bond guarantees your subs and suppliers get paid.

Do I need a bond for a public improvement contract in Bend?

Yes, if you are the successful bidder on a City public improvement contract above the statutory thresholds. ORS 279C.380 requires both a performance bond and a payment bond, each equal to the full contract price, unless the agency waives or adjusts the requirement.

What if my work is in the county, not the city?

If your project is in unincorporated Deschutes County road right of way rather than City of Bend streets, the bond requirement comes from the county instead. We handle both, so tell us the exact location and we will point you to the right one.

 

Ready to Get Your Bend Right of Way Bond?

Do not let a bonding requirement hold up your permit or your project. We know the City of Bend requirements and the Oregon public improvement rules, and we have been getting contractors bonded since 1971. Send us your details and we will match your bond to what the City is asking for and get you a competitive annual premium. Call 800-333-7800 or reach out to our team to get started. You can also explore the full range of Oregon surety bonds we write.

 

Official resources: the City of Bend Qualified Right-of-Way Contractor License page and Bend Municipal Code Chapter 3.40, Right-of-Way Permits.