Harris County Flood Control District: Permits, Bonds and Contract Terms

The District's Development Coordination and Inspection page sets three steps for developer work in District right-of-way. First, plans go to the District's Watershed Management group for approval. Second, the developer acquires an official permit from the Harris County Permits Department to enter onto Flood Control rights-of-way. Third, the developer sends the 48-Hour Pre-Construction Notification before starting.

The page also describes three stages: drawing approval, construction inspected by the District and acceptance by Commissioners Court. It warns that developers must resolve all right-of-way issues before Stage Three to avoid acceptance delays. Until acceptance, the developer and its contractor typically carry the work, so builders risk, liability and the right-of-way bond usually need to run through the Commissioners Court date rather than to substantial completion.

The governing document is the Rules of Harris County, including the Harris County Toll Road Authority, and the Harris County Flood Control District for the Construction of Facilities within County and District rights-of-way, as amended July 28, 2020, and effective October 1, 2020. Section 6 bars soil-disturbing work in County or District right-of-way until a Certificate is issued, and using District right-of-way for access, surveying, geotechnical work or lay-down needs a temporary right-of-entry. Section 10 requires an application, approved drawings, a bond under Table I unless a perpetual bond is on file and a fee.

For work in District right-of-way, Table I sets a $25,000 bond when the work costs $25,000 or less and a bond of 100% of construction cost when it costs more. The rules accept two personal sureties, a corporate surety or a personal bond if Commissioners Court accepts it, and a perpetual bond is also possible. A 2009 version of these rules set different terms, including a bond at 75% of construction cost and $5,000 per drainage outfall; it was superseded by the 2020 rules, so an old copy should not be used to size a bond.

The Harris County Office of the County Engineer posts a permit page titled Flood Control District Right-of-Way Notification (Standard Bonds ONLY). It requires a new Harris County-approved bond with the power of attorney attached and says an existing bond will not be accepted. It states that the County's minimum bond is $5,000, the permit is valid for six months, a 48-hour start notice applies and the County intends to process the notification in 10 business days.

The bond amounts listed on that page match the County road rows of Table I, not the District row. Both sources stand: the County Engineer's page gives a $5,000 County minimum, and Table I of the 2020 rules gives at least $25,000 for District right-of-way. The Harris County page on this site describes the same pair. Confirm with the County Engineer and the District which amount applies before the bond is written.

Section 21 of the 2020 rules requires the applicant to guarantee and maintain all work performed within the right-of-way for one year after the work passes inspection. Section 24 provides that a failure to repair damage leads to notice to the surety. Section 29 calls for inspections at least before bedding, backfill, paving, boring and drainage placement, so the schedule should allow for inspection holds.

Section 26 states that the owner of any facility shall indemnify, defend and hold harmless the County and the District, including attorney's fees. The rules contain no insurance requirement. Insurance limits and additional insured wording therefore come from the permit conditions or the contract, and whether a contractor's contractual liability coverage responds to the indemnity depends on the policy wording and the facts, subject to underwriting and the terms of the policies issued.

Contractors building District projects respond to invitations to bid the District posts on its Current and Past Bid Opportunities page, such as 26/0229 for the Lauder Stormwater Detention Basin Phase 3A. The bid packages sit on the County's Bonfire portal, which could not be read for this page, so the District's contract insurance limits, additional insured and indemnity wording and bid bond percentage are set in each bid package and must be read there.

State law sets the bond floor. As a governmental entity that is not a municipality, the District falls under Government Code section 2253.021: a performance bond on contracts over $100,000 and a payment bond on contracts over $25,000, each for the full contract amount from a corporate surety. Payment bond notices and claim deadlines follow chapter 2253. Bonding capacity and award are subject to the District, the surety and underwriting.