Encroachment Permits

A City of Newark encroachment permit is required for any proposed construction activity or obstruction of any kind within the right-of-way limits of a public street or a dedicated public easement. All work must be performed by a contractor licensed by the State of California. Encroachment permits are issued by the City’s Engineering Division. Call (510) 578-4589 or email public.works@newark.org with any questions.

Encroachment Permit Submittal Requirements

Prior to the issuance of a typical encroachment permit involving construction activity, the following items must be submitted by the applicant for review by the Engineering Division:

1. Three (3) copies of plans showing the full scope of work proposed within the right-of-way and/or easement area. All plans are subject to the review and approval of the City Engineer.

2. An itemized cost estimate for all proposed work.

3. Payment of a permit fee as determined based on the approved cost estimate. There is a $95 application fee and the inspection/review fee is 10.5% of the approved cost estimate.

4. A performance bond (minimum $1,000) in the amount of 120% of the approved cost estimate to guarantee completion of the work in accordance with City standards. See the Performance Bond Options below for more information.

5. Insurance Endorsements that meet City requirements. See the Insurance Requirements below for additional information.

6. A completed, original encroachment permit application along with all required supplemental permit condition forms. The original permit application forms are in triplicate and must be obtained from the Engineering Division. Call (510) 578-4589 or email public.works@newark.org for assistance in obtaining an application.

Street Closures/Block Parties

Residential neighborhoods and nonprofit organizations occasionally request permission to close a street or street segment for a special event. An encroachment permit can be issued for this purpose on a cul-de-sac and on other local residential streets, but there are limitations. Please see the information summary regarding Street Closures for Private Purposes.

Traffic Control Requirements

Any activity within the public right-of-way that requires a lane closure, detour, or other obstruction of any kind requires issuance of an encroachment permit. Depending on the complexity and location of the traffic impact, site-specific traffic control plans may be required with the permit application. All temporary traffic controls must be implemented in accordance with Chapter 6 of the California Manual on Uniform Traffic Control Devices.

Performance Bond Options

Performance bonds are required to ensure that all work under an encroachment permit is completed in accordance with City standards. The performance bond amount is 120% of the approved cost estimate, or $1,000, whichever is greater. Performance bonds can be in the form of a cash deposit, a surety bond, or a certificate of deposit (CD). Call (510) 578-4320 or email public.works@newark.org for assistance.

Cash Deposit

A cash deposit may be provided as the performance bond in the form of a check, credit card payment, or cash. Upon completion of the work to the satisfaction of the Public Works Inspector the deposit will be returned, less the amount retained for a one-year maintenance period.

Surety Bond

If the permit applicant chooses to provide a surety bond, Engineering Division staff will need to prepare a bond form for the applicant. Please provide the contractor’s name, business type (California corporation, Limited Partnership, etc.), the cost estimate, and the location and scope of work in order to have the form prepared

Certificate of Deposit

The City will accept a certificate of deposit (CD) as a performance bond, providing that the CD and interest payments are payable to the permit applicant or contractor (depositor) with the City of Newark listed as the beneficiary. The CD must be automatically renewable and drawn from a branch of a local (Bay Area) financial institution.

One-Year Maintenance Period

A one-year maintenance period typically applies to all improvements within the public right-of-way. The maintenance bond is 10% of the original performance bond, but not less than $1,000. All of the same options are available for providing the maintenance bond. Bonds are released following a final inspection at the completion of the one-year maintenance period.

Insurance Requirements

All contractors working within the City of Newark right-of-way or public easement areas must procure and maintain insurance, for the duration of the permit period, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work performed by the contractor, his/her agents, representatives, employees, or subcontractors. The following minimum insurance policy limits apply:

Comprehensive General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage.

Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage.

Workers’ Compensation: Workers’ Compensation limits as required by the Labor Code of the State of California and Employers’ Liability limits of $1,000,000 per accident.

Proof of insurance meeting these requirements must be by execution of the City of Newark’s standard insurance endorsement forms. These forms must be completed and executed in full by an authorized insurance agent or representative and submitted to the Engineering Division with original signatures. Any requests for exceptions to the above requirements will require additional time for review.

A typical Certificate of Insurance alone is not sufficient proof of insurance. In some cases, depending on the proposed scope of work or activity, a Certificate of Insurance with the City of Newark named as additional insured may be accepted in lieu of the City’s insurance endorsement forms. Contact the Engineering Division for additional information.