Encroachment Permits

Permittee shall fill out the Encroachment Permit Application Form (PDF) for a new encroachment permit application or fill out the Encroachment Permit Extension/Amendment Form (PDF) for extending the expired permit or amending the current permit. Incomplete Applications will not be accepted.

Permittee shall attach the followings to a new encroachment permit application:

1. Certificate of Insurance with Endorsements.

2. Construction Plans and Specifications, see link for submittal requirements.

3. Traffic Control Plan, see link for submittal requirements.

4. Completed Private Job Account Form, if applicable.

5. Fee Deposit For Permit.

6. Encroachment Agreement (For Telecommunications or Fiber Optic)

7. Improvement Agreement, if required. Type of Agreement Security shall include either Surety Bond, Cash Deposit, Certificate of Deposit or Company Check.

Note that potable water shall not be used for construction or dust control. Recycled Water may be used for construction, however, Contractors shall first obtain a City Recycled Water Meter and be responsible for water use charges. Visit the Recycled Water page for more information. You can download the Construction Meter Application (PDF) here. Incomplete Applications will not bet accepted.

You can submit Encroachment Permit Applications via:

• In person:
  
  Milpitas City Hall, Building Department 1st Floor Information Counter,
  Attention: Land Development Engineer
  
  8 am through 5 pm, Monday through Thursday
• By U.S. Mail:
  
  City of Milpitas
  Attn: Engineering Department, Land Development Engineering
  455 E Calaveras Boulevard Milpitas, CA 95035
• Or you may email the Land Development Engineering Department

• Download the PJA Processing Agreement Form (PDF)
• Make Online Payment for Permit Fees and PJ Accounts here.

Contractors and Subcontractor’s working within City streets and rights of way shall be licensed by the State of California, be insured and bonded and poses a current City of Milpitas Business License.

Please refer to:

• California State Contractors State License Board (CSLB) Website for license classifications
• Query by Contractor License Number for license status including worker’s compensation insurance

Contractors and sub-contractors performing work within the City of Milpitas shall obtain and maintain a valid Business License from the City of Milpitas.

Please visit the Business License Center page for more information or contact the Finance Department – Cashier Counter:

Milpitas City Hall, 1st Floor455 East Calaveras Boulevard
Milpitas, CA 95035 
Phone: 408-586-3100 
Business Hours: Monday through Friday; 8 am to 5 pm

Permittee and/or Contractor performing construction within City streets and rights of way shall poses and maintain Certificate of Insurance meeting the requirements below for the duration of the Encroachment Permit.

Minimum Limits of Insurance

• General Liability: Minimum $1,000,000 per occurrence for bodily, personal injury and property damage.
• Business Automobile Liability Insurance: Minimum $1,000,000 per occurrence.
• Worker’s Compensation Insurance: Minimum $1,000,000 per occurrence.

Insurer Rating

Unless approved differently in writing by City Attorney and or the Risk Manager, Insurance Certificates submitted with Encroachment Permits shall be from companies licensed to do insurance business in the State of California and poses a current A.M. Best rating of at least A: VIII.

Additional Insured; Separation of Insureds

Insurance Certificates shall name the City, its elected and appointed officials, officers, attorneys, agents, and employees as additional insureds with respect to work performed by the Contractors under the Encroachment Permit, including materials, parts, or equipment furnished in connection therewith. The Insurance Certificate shall contain standard separation of insureds provisions, and shall contain no special limitations on the scope of protection to City, its elected officials, officers, employees, agents, and volunteers. The endorsements are to be signed by a person authorize by that insurer to bind.

Sample Certificate of Insurance (COI)

View a sample COI (PDF) with separate endorsement sheet.

Depending on the type and scope of work or improvement to be constructed within the City street or right of way under the Encroachment Permit, the City may require the Permittee to submit surety bonds and/or cash deposit for 100 percent of the cost of the proposed work to guarantee completion of the work, and to provide for a one-year warranty.

• Encroachment Permit will be issued with General Conditions and/or Special Conditions.
• Traffic Control Plans are required and shall be approved by City’s Traffic Engineer. Traffic Control Plans shall be in compliance with the latest California Manual of Uniform Traffic Control Devices (CA MUTCD).
• Permit from other agencies (e.g., Caltrans, Santa Clara Valley Water District, County of Santa Clara, UPRR, etc.) may also be required.

• After-Hour Work Request Form
• Fire Watch Agreement Form