An Encroachment Permit from the Engineering Department is required for all work within a City street and right of way including placement of traffic control, and work in sidewalks, park strip, and driveway aprons.
All work in City streets, right of way, and upon City infrastructure shall be in conformance with the latest City Standard Details and Specifications, and a Traffic Control Plan shall be provided for City review and approval prior to Encroachment Permit issuance.
A City Franchise Agreement and/or Encroachment Permit Agreement will be required for installation of Small Cell and Fiber Optic cable telecommunications equipment.
Underground Service Alert shall be contacted prior to any excavation
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Contractors shall pothole to determine the location and depth of all existing underground structures and where proposed crossings of new utility with existing is shown on the plans. The use of ground penetration radar in lieu of pothole excavation shall not be permitted. Contractor shall submit results of the pothole work with found location and depth information to the city engineer for review prior to proceeding with further excavation.
Work hours shall be from 7 a.m. to 5 p.m., Monday-Friday except City Holidays unless modified by the City Engineer, however, traffic control lane closure hours may be more restrictive dependent on traffic conditions.
No construction operations are permitted on the following city holidays in accordance with city ordinance and the contract documents: New Year’s Day, Martin Luther King birthday, Cesar Chavez Day, Memorial Day, July 4th Independence Day, Labor Day, Veterans Day, Thanksgiving Day including the day after Thanksgiving, Christmas Eve, and Christmas Day.
ENCROACHMENT PERMIT APPLICATION
Use the link to the Engineering Department Encroachment Permit Application Form. Incomplete Applications will not be accepted.
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: Construction Meter Application. Incomplete Applications will not be accepted.
Submit Encroachment Permit Applications to:
Milpitas City Hall, Building Department 1st Floor Information Counter,
Attention: Land Development Engineer
8:00 AM – 5:00 PM, Monday – Thursday.
Or by U.S. Mail:
City of Milpitas
Attn: Engineering Department, Land Development Engineering
455 E. Calaveras Blvd. Milpitas, CA 95035
Or by email:
LandDevelopmentEngineering@milpitas.gov
PERMIT FEE
| FEE NAME | PROJECT TYPE EXAMPLES | FEE/DEPOSIT |
| Minor Encroachment Permit | Driveway approach, sidewalk, public water meter installation, soil boring, potholing, traffic control only, etc. | $1,161 (Fee) |
| PLAN REVIEW | PROJECT TYPE EXAMPLES | DEPOSIT |
| Up to $50,000 | $5,426 (Fee) | |
| $50,001 - $200,000 | $10,851 | |
| $200,001 - $500,000 | Major development projects associated with planning or building permit applications. | $16,277 |
| Over $500,001 | $21,703 | |
| INSPECTION | DEPOSIT | |
| Up to $50,000 Construction Cost Estimate | $5,426 | |
| Greater than $50,000 Construction Cost Estimate | 10% of Construction Cost Estimate | |
| Technology Fee - % of Permit | 3.8% | |
| Credit Card Transaction Fee | 2.4% |
(*) Require Private Job Account.
- Download: PJA Processing Agreement Form
- See Engineering Plans and Map Procedures and Guidelines – Deposit and Fees for further information.
- Online Payment for Permit Fees and PJ Accounts
CONTRACTOR’S LICENSE
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) for license classifications
- Query by Contractor License Number for license status including worker’s compensation insurance
CITY BUSINESS LICENSE
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 contact our Business License Center for more information:
| Finance Department – Cashier Counter Milpitas City Hall, 1st Floor 455 East Calaveras Blvd. Milpitas, CA 95035 Phone: (408) 586-3100 Business Hours: Monday-Friday: 8:00am – 5:00pm |
 City of Milpitas Business License Sample |
CERTIFICATE OF INSURANCE
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: | Min. $1,000,000 per occurrence for bodily, personal injury and property damage. |
| Business Automobile Liability Insurance: | Min. $1,000,000 per occurrence. |
| Worker’s Compensation Insurance: | Min. $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 COI
Sample Certificate of Insurance with separate Endorsement sheet
CASH DEPOSIT/SURETY BOND
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% of the cost of the proposed work to guarantee completion of the work, and to provide for a one-year warranty.
PERMIT CONDITIONS
- 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.