No party other than the named permittee or their agent is authorized to work under this permit. The permittee shall perform all work in accordance with the standard specifications of the City of
Inspection & Approval by the City
The permittee shall allow the city engineer and/or his authorized representatives access to inspect all work performed under this permit.
Construction Hours Limitations
Construction working hours shall not extend beyond 7:00am to 6:00pm, Monday through Friday, without specific written permission from the City of
Permit Kept on Site
The encroachment permit or a legible copy shall be kept at the site of work and must be shown to any representative of the city or any law enforcement officer upon demand. Work will be suspended if the permit is not available at the job site as described.
Provisions for Pedestrians
A provision for pedestrians must be made. Safe passage through the work area must be maintained at all times. At no time should pedestrians be diverted onto a portion of the street used for vehicular traffic. Signs and barricades must be provided at locations where alternate walkways cannot be provided. The limits of construction should be clearly delineated and in advance of the closure at the nearest crosswalk or intersection to divert pedestrians across the street. Pedestrian detour plans shall be approved by the city prior to construction.
Protection of Traffic
A provision should be made for the protection of the traveling public. Warning signs, lights, safety devices and other measures required for public safety shall be implemented. Open excavations shall not be left unattended at any time. City Standards 108 and 109 may be used as guidelines. However, nothing in the permit is intended, as to third parties, to impose on the permitee any duty or standard of care greater than or different than the duty or standard of care imposed by law. The contractor must request and obtain approval from the city before any lane closures are implemented.
Minimum Interference with Traffic
All work shall be planned so that there will be the least possible inconvenience to the traveling public. The permitee should place properly attired flag persons to stop or warn traffic of the ongoing construction. Traffic delays should be avoided and the construction should cause as little inconvenience as possible to the abutting property owners.
Work associated with the encroachment permit shall not interfere with the established drainage unless ample provision is made by the permittee to provide for it as approved by the city. No dumping or discharge will be permitted into the city’s storm drainage system without prior written approval of the city.
In every case, the permittee shall be responsible for restoring to its former condition as nearly as may be possible any portion of the city right-of-way which has been excavated or otherwise disturbed by the permittee. The permittee shall maintain the surface over facilities placed under any permit. If the right-of-way is not restored as herein provided for and if the City elects to make repairs, the permittee agrees by acceptance of permit to bear the cost thereof.
Daily road cleanup and dust control shall be enforced. Upon completion of work, all brush, timber, scraps of excess construction material, etc., shall be left in as presentable a condition as existed before work started.
Cost of Work
Unless otherwise stated on the permit or other separate written agreement, all costs incurred for work within the city right-of-way pursuant to this encroachment permit shall be born by the permittee. The permittee hereby waives all claims for indemnification or contribution from the city for such work.
Releasing of Bonding
A claim form or letter to release the bond or letter of credit (or a refund if the improvements were guaranteed by cash or check) will not be issued until the public works inspector has reviewed the work and the permit is signed off by the city engineer as being complete. Bonds are released a minimum of three weeks after the permit is signed off by the city engineer.
Maintenance of Right-of-Way
The permittee agrees, by acceptance of a permit, to properly maintain any encroachment. This will require inspection and repair of any damage to city facilities resulting from the encroachment.
The permittee shall cease work in the vicinity of any archaeological resources that are revealed. The city shall be notified immediately. A qualified archaeologist, retained by the permittee, will evaluate the situation and make recommendations to the city concerning the continuation of work.
Future Moving of Installations
If the encroachment permit was issued at the request of the permittee, it is understood that whenever city construction, reconstruction or maintenance work within the right-of- way requires the installation to be moved, adjusted or relocated, the permittee, at his/her sole expense upon request of the division or city, shall comply with said request.
Location of Existing Utilities
Attention is directed to the possible existence of underground facilities within the area of construction. Prior to project work commencing, the permittee is responsible for ascertaining the exact location of all underground facilities to avoid any potential damage during construction. The permittee is responsible for verifying that all PG&E, water, cable TV, AT&T and city facilities are clear or relocated from the area of work prior to construction. Forty-eight hours before commencing work, the permittee shall contact Underground Service Alert at 800-624-2444 to verify elevations and locations of all existing utilities. The permittee shall be responsible for the removal of any painted indication of utility lines placed in the right-of-way at permittee’s request.
For additional information regarding the engineering/public works encroachment permit process, please contact the engineering division.