HomeMy WebLinkAboutEncroachment Permit Application 9222022Permit #: ________________
For Office Use Only
Rev. 9/22/22
CITY OF PALM DESERT
DEPARTMENT OF DEVELOPMENT SERVICES
73510 Fred Waring Drive, Palm Desert, California 92260
Submit Application to: https://cpdftp.org/filedrop/PermitCenter
Inspection Requests: pcinspections@cityofpalmdesert.org ENCROACHMENT PERMIT APPLICATION
BEFORE PERFORMING ANY CONSTRUCTION OR MAINTENANCE WORK IN THE PUBLIC RIGHT-OF-WAY, A VALID ENCROACHMENT PERMIT
MUST BE ISSUED BY THE PUBLIC WORKS DEPARTMENT. This work includes, but is not limited to, driveway approaches, sidewalks, grading,
landscape installation or maintenance, tree pruning, traffic signal work, and underground utilities.
PERMIT REQUIREMENTS:
1.Applicant must complete an Encroachment Permit Application, including contractor information and a list of all subcontractors where applicable. This
application is NOT A PERMIT. No work is to be undertaken prior to the issuance of the Encroachment Permit.
2.All contractors and subcontractors must possess a California State Contractor’s License appropriate for the scope of work being performed.
3.The City must have current evidence of insurance on file and all contractors and subcontractors must have a current City Business License.
4.If traffic control is required, a traffic control plan must be submitted for approval with the application.
5.You will be assessed a permit processing fee and an inspection fee, based upon the City’s estimation of the volume of the work to be performed.
6.Prior to backfilling, concrete pours, paving, excavation, etc., the city must be notified at least 24 hours before the work is performed in order to schedule
an inspection.
7.Prior to performing any excavation in or near a signalized intersection, or between two signalized intersections, the Permittee or Permittee’s authorized
representative must notify the city by calling 760-776-6364. USA does not cover signal equipment. Any damage to signal equipment or loops must be
repaired within 48 hours. Failure on the part of Permittee to comply with such requirements shall be grounds for the immediate revocation of the Permit.
8.A copy of the Encroachment Permit must be kept on site and available to be shown to City representatives upon request.
Applicant/Permittee Name (May be contractor): _________________________________________________________
Phone: ________________________ Fax: _______________________ Email: _________________________________
Mailing Address: __________________________________ City: __________________ State: _____ Zip: __________
Field Contact Name: _____________________________________ Field Contact Phone: _______________________
Job Address/Location: _____________________________________________________________________________
Job Cross Streets or APN: __________________________________________________________________________
Estimated Job Start: ____________________________ Estimated Job Completion Date: ______________________
Contractor Name (if different than applicant): ___________________________________________________________
Phone: ________________________ Fax: _______________________ Email: _________________________________
Mailing Address: __________________________________ City: __________________ State: _____ Zip: __________
State License Number: ___________________________ Business License Number: __________________________
Project Description (Describe the Specific Nature of Work):
_________________________________________________________________________________________________
_________________________________________________________________________________________________
Required for Encroachment Permit:
Traffic Control/Lane Drop Sidewalk Closure Excavation Power Outage
USA#: _______________________
Subcontractors: __________________________________________________________________________________
_________________________________________________________________________________________________
Applicant/Representative Signature: Applicant/Permittee hereby agrees to comply with the Standard Conditions attached
to this application, any special provisions which may be attached to this application and all City Ordinances, Resolutions,
Standards and Specifications currently in force. Execution below shall confirm that Applicant/Permittee has received and
reviewed the Standard Conditions, understands the same and agrees to be bound thereby.
Print Name: _____________________________ Signature: ____________________________ Date: ______________
CITY OF PALM DESERT
ENCROACHMENT PERMIT APPLICATION Page 2
CITY OF PALM DESERT – ENCROACHMENT PERMIT CONDITIONS
I.STANDARD CONDITIONS
A.Permittee or Permittee's authorized representative must notify the City’s Public Works Department at least 24
hours before starting any work under this Permit by emailing pcinspections@cityofpalmdesert.org. Failure to so
notify is cause for revocation of Permit. Should Permittee fail to commence the work or project for which this
permit was issued within 180 days from the date of issuance set forth above or fail to actively and diligently
exercise the privileges of this Permit, the Permit becomes null and void.
B.The City shall not be responsible for monitoring the Permittee’s compliance with any laws or regulations. If the
Permittee performs any work knowing or having reason to know that it is contrary to laws or regulations, the
Permittee shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution
costs) arising out of or relating to such work.
C.Permittee or Permittee's authorized representative shall notify (underground service alert) at least 2 working
days before commencing any excavation necessary to perform the work authorized by this Permit. Permittee
agrees to contact and obtain an Inquiry ID Number from (underground service alert) (800) 422-4133 at least two
(2) working days prior to commencing work. By signing this Permit application, Permittee acknowledges that
Permittee understands the statutes and regulations pertaining to excavation near or in the vicinity of underground
utilities and agrees to strictly conform all of Permittee’s activities to such requirements. Prior to performing any
excavation in or near a signalized intersection, or between two signalized intersections, the Permittee or
Permittee’s authorized representative must notify the City by calling 760-776-6364. USA does not cover signal
equipment. Any damage to signal equipment or loops must be repaired within 48 hours. Failure on the part of
Permittee to comply with such requirements shall be grounds for the immediate revocation of this Permit.
D.A copy of this Permit shall be kept at the site of the work throughout the period of operations within the
jurisdictional limits of the City and any right-of-way therein and shall be shown to any City employee, agent or
duly authorized representative or any law enforcement officer upon demand.
E.This Permit is valid only for the purpose specified herein. No change to the scope of work as identified in the
application and/or drawings submitted therewith is permitted except upon written permission of the City Engineer
or his/her duly authorized representative.
F.Compliance with the American with Disabilities Act (ADA): All work shall be conducted in compliance with all
applicable Federal, State, and Local Access Laws, regulations and guidelines including but not limited to the
Americans with Disabilities Act Accessibility Guidelines (ADAAG), the Public Rights-of-Way Guidelines
(PROWG), and the Design Information Bulletin 82-05, “Pedestrian Accessibility Guidelines for Highway
Projects”. All instructions must be strictly observed.
G.Any damage caused to City structures by reason of exercise of this Permit shall be replaced or repaired by
Permittee at his/her/its sole expense to the satisfaction of the City. Upon notice of damage to City structures
arising from the exercise of this Permit, should Permittee fail to promptly make repairs or replace the damaged
item, the City may make any and all repairs or replacements or have repairs/replacements made, and Permittee
will be billed and shall reimburse City for all costs incurred.
H.Unless otherwise specified herein, this Permit may be revoked or canceled at any time by the City Engineer or
his/her duly authorized representative at the sole discretion of the City Engineer or his/her duly authorized
representative.
I.Upon written notice of cancellation or revocation of this Permit for any cause whatsoever, Permittee shall
promptly restore City right-of-way and structures to their condition prior to the issuance of the Permit and then
shall vacate City property. Should Permittee fail to promptly restore the premises or structures to a condition
satisfactory to the City Engineer or his/her duly authorized representative, the City may make any and all repairs
or have repairs made and Permittee will be billed and shall reimburse City for all costs incurred.
Rev. 9/22/22
CITY OF PALM DESERT
ENCROACHMENT PERMIT APPLICATION Page 3
J.Unless otherwise specifically provided, all costs incurred by Permittee as a result of the conditions of the Permit
or the exercise by City of any right, authority, or reservation contained therein shall be the sole responsibility of
and shall be borne entirely by the Permittee.
K.Issuance of this Permit shall not be construed as an obligation on the part of the City to assume responsibility
for any damages incurred to the Permittee’s improvements and/or for any injury or death to person(s) or damage
to property arising out of the permitted work.
L.This permit is non-transferable.
M.The City Engineer or his/her designated representative may cancel the permit if the work authorized herein is
not commenced within sixty (60) days of issuance and thereafter, in the opinion of the City Engineer, is not
diligently prosecuted to completion. Cancellation may be effected by giving written notice thereof by sending the
same to the applicant by ordinary mail to the address shown on the application.
N.The permittee or permittee's authorized representative shall notify the City Engineer when all work is completed.
II.INSURANCE
A.Permittee shall maintain and provide commercial general liability insurance, with coverage at least as broad as
Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000
general aggregate, for bodily injury, personal injury, and property damage. The policy must include coverage for
contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract”
language will not be accepted. Any insurance proceeds available to Permittee in excess of the minimum limits
and coverage set forth in this Permit and which is applicable to a given loss or claim shall be deemed by this
Permit to be applicable to the City. Coverage maintained or procured pursuant to this agreement shall be
endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees
and volunteers. A certificate of insurance evidencing this coverage shall be maintained prior to the start of any
work under this Encroachment Permit. The City’s Risk Manager may from time to time modify the limits of the
required insurance coverage and/or request evidence of coverage.
B.The City, its elected or appointed officers, officials, agents, employees, and volunteers are to be named as
additional insureds with an endorsement in favor of the City. In the case where coverage is provided by a
homeowner’s liability policy, the City its elected or appointed officers, officials, agents, employees, and
volunteers will be named as an additional insured, with respects to liability coverage.
C.Coverage provided by Permittee shall be primary and any insurance or self-insurance procured or maintained
by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be
endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for
the benefit of the City before the City's own insurance or self-insurance shall be called upon to protect it as a
named insured.
D.A severability of interests provision must apply for all additional insureds ensuring that Permittee’s insurance
shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the
insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
E.None of the coverages required herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved in writing.
F.If Permittee maintains higher limits than the minimums shown above, City requires and shall be entitled to
coverage for the higher limits maintained by Permittee. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to City.
III.INDEMNITY AGREEMENT
A.Permittee shall indemnify, defend, and hold harmless City, its officers, employees, and agents from any and all
losses, costs, expenses, claims, liabilities, actions, or damages, including liability for injuries to any person or
persons or damage to property arising at any time during and/or arising out of or in any way connected with
Permittee’s authorized activities under the terms of this permit unless solely caused by the gross negligence or
willful misconduct of City, its officers, employees, or agents.
Rev. 9/22/22
CITY OF PALM DESERT
ENCROACHMENT PERMIT APPLICATION Page 4
B.It is expressly understood and agreed between the parties to this Permit that this is an agreement and permit
for access to and for certain events to occur or work to take place on City property. This Agreement and permit
is not a construction contract or an agreement for design professional services as those terms are defined or
used under Title 12 of the California Civil Code (§§ 2772 et. seq.).
IV.DUTY TO DEFEND
A.As an express and material term of City’s issuance of this Permit, Permittee agrees to defend, at its sole
expense, the Indemnitees from and against any and all Claims arising out of or related to the permitted
encroachment. Permittee’s duty to defend shall apply immediately upon demand from the Indemnitees for any
injury or death to persons or damage to property occasioned by reason of or arising out of the acts or omissions
of the City, its officers, employees and/or agents and the acts or omissions of Permittee, his/her/its agents,
employees, contractors and subcontractors and/or any other person or entity performing work authorized by this
Permit.
B.In the event of any controversy, claim or dispute arising out of or relating to this Permit or the violation of any
covenant contained herein, the prevailing party shall be entitled to receive from the losing party reasonable
expenses, including attorney’s fees and costs.
C.The City Engineer or his/her designated representative may, either at the time of the issuance of this permit or
at any time thereafter until the completion of the work, prescribe such additional conditions as he/she may deem
necessary for the protection of the public property or for the prevention of undue interference with traffic or to
assure public safety.
ENCROACHMENT PERMIT FEE SCHEDULE
Processing Fee
Permit Processing per Permit Issued $92
Inspection Fees
Residential Driveways $159
Residential Curb Core/Drain Inspection $80
Commercial Driveways $318
Excavation 0-100 LF (prorate after 100 LF) $636
Curbs & Gutters 0-100 LF (prorate after 100 LF) $159
Sidewalks 0-100 LF (prorate after 100 LF) $159
Overlay/Standard Slurry Seal per Project $318
Utility Cut 5 LF $159
Traffic Control per Day $159
Tree or Plant Removal/Pruning $159
Non-Residential Landscape Improvements
Renovations up to 10,000 SF $368
Non-Residential Landscape Improvements
Renovations of 10,001 - 22,000 SF $515
Non-Residential Landscape Improvements
Renovations over 22,000 SF $809
Residential Tract - Single Family Homes $184
Residential Tract – Models $294
Single Family Residential Homes 5,000
TO 22,000 SF
$147
Single Family Residential Homes
Over 22,000 SF $221
Failure to complete the work specified within the time allotment shall subject the permittee to a $92.00 re-processing fee.
Rev. 9/22/22