Safeguarding Auburn’s Infrastructure: A Comprehensive Guide to the Right of Way Performance Bond


The City of Auburn, Washington, is a vibrant and growing community with a commitment to maintaining its infrastructure to the highest standards. One essential tool in ensuring the city’s roads, sidewalks, and utilities remain in excellent condition is the Right of Way Performance Bond. In this in-depth article, we will explore the importance of this bond, its purpose, requirements, and how it contributes to the well-being and development of the city. Let’s delve into the world of Right of Way Performance Bonds in Auburn.

Understanding Right of Way Performance Bonds

City of Auburn, WA - Right of Way Performance Bond


A Right of Way Performance Bond is a financial guarantee required by the City of Auburn from developers, contractors, and other entities that undertake construction or development projects within the city’s right of way areas. The right of way includes streets, sidewalks, alleys, and other public spaces where infrastructure improvements or new developments are taking place.

The primary purpose of the Right of Way Performance Bond is to ensure that the construction or development work is carried out in compliance with the city’s regulations, standards, and specifications. It acts as a safeguard, protecting the city and its residents from potential financial liabilities and subpar construction work that could lead to costly repairs down the road.

Key Components of a Right of Way Performance Bond

  • Bond Amount: The bond amount is determined by the city and is typically a percentage of the total construction cost. This amount is specified in the bond agreement and serves as the maximum coverage in case of default or non-compliance by the developer or contractor.
  • Duration: The bond’s duration is set by the city and is typically linked to the project’s timeline. It remains in effect until the city is satisfied that the construction work has been completed according to the approved plans and meets all required standards.
  • Surety Company: Developers and contractors must obtain a Right of Way Performance Bond from a reputable surety company licensed to operate in Washington State. The surety company acts as a financial guarantor, promising to pay the city if the developer or contractor fails to meet their obligations.
  • Bond Release: Once the construction work is completed to the city’s satisfaction, and any necessary inspections and approvals are obtained, the city may release the bond. This process ensures that the city is protected until the project reaches the desired standards.

Benefits of Right of Way Performance Bonds

City of Auburn, WA - Right of Way Performance Bond

  • Quality Assurance: Right of Way Performance Bonds encourage developers and contractors to adhere to high-quality construction practices and comply with city regulations. This results in infrastructure that is safer, longer-lasting, and more reliable.
  • Financial Protection: The bond provides financial protection to the city and its residents, ensuring that taxpayers are not burdened with the cost of repairing substandard work. In case of non-compliance, the city can use the bond funds to address any deficiencies.
  • Accountability: By requiring a bond, the city holds developers and contractors accountable for their work. It discourages shortcuts, negligence, or non-compliance, as the financial repercussions of default can be substantial.


The Right of Way Performance Bond is a crucial tool that safeguards the City of Auburn’s infrastructure, ensuring that construction and development projects meet the highest standards of quality and compliance. By requiring this bond, the city demonstrates its commitment to the safety and well-being of its residents and the longevity of its public spaces. As Auburn continues to grow and evolve, the Right of Way Performance Bond will play an essential role in preserving the city’s infrastructure for generations to come.


Frequently Asked Questions

Can a developer or contractor use alternative financial instruments instead of a traditional bond to fulfill the Right of Way Performance Bond requirement?

In some cases, the City of Auburn may consider alternative financial instruments such as a Letter of Credit (LOC) or a Cash Escrow in lieu of a traditional surety bond. However, this is subject to approval by the city, and specific criteria and conditions must be met. Developers or contractors interested in exploring alternatives should consult with the city’s engineering or development services department to discuss the feasibility and requirements.

What happens if a project requires modifications or changes after the Right of Way Performance Bond has been posted?

If modifications or changes to a project’s plans or specifications are necessary after the bond has been posted, developers or contractors should notify the city promptly. Depending on the nature and scope of the changes, the city may require a bond rider or an adjustment to the bond amount to ensure that the bond adequately covers the revised project. This process helps maintain the bond’s integrity and ensures that the city remains protected throughout the project’s lifecycle.

Are there any circumstances in which the Right of Way Performance Bond can be released before the project’s completion?

While the bond is typically released upon the satisfactory completion of a project, there are instances where partial bond releases can occur. If a project consists of multiple phases or segments, and each phase is completed and approved separately, the city may consider releasing a portion of the bond related to that specific phase. This allows developers and contractors to free up capital for subsequent phases while maintaining protection for work that has already been completed. However, it’s important to note that each release is subject to the city’s approval and compliance with project-specific conditions.

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