AMD_0006_FCD_Encroachment_Permit.pdf

G:\DISTRICT WIDE ADMINISTRATION\Forms\Encroachment Permit.doc

NAPA COUNTY FLOOD CONTROL AND

WATER CONSERVATION DISTRICT

ENCROACHMENT PERMIT

Applicant to provide the following information:

NAME OF APPLICANT:

MAILING ADDRESS OF APPLICANT:

TELEPHONE NUMBER: ( ) - RECEIPT NUMBER:

I hereby apply for an encroachment permit to perform the following work on, over or under District property, right of way or easement:

LOCATION OF PROPOSED ENCROACHMENT:

NOTE: Give street address, approximate distance to nearest public road intersection and the approximate location in the field to readily identifiable fixed object.

DESCRIPTION OF WORK TO BE PERFORMED OR

IMPROVEMENTS TO BE INSTALLED:

Attach detailed plans or sketch. (If available)

ASSESSOR’S PARCEL NO:

EXPECTED DATE OF COMPLETION

(or N/A if permanent):

In making this application, I agree to comply with all the terms hereof:

SIGNATURE OF APPLICANT: DATE:

APPLICANT TO SEND COMPLETED APPLICATION AND REQUIRED APPLICATION FEE TO:

NAPA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT

804 FIRST STREET

NAPA, CALIFORNIA 94559-2623

(707) 259-8624

(FOR OFFICE USE ONLY)

Issued on , subject to the conditions and restrictions attached and to the special regulations enumerated on the reverse side hereof. The terms of this permit shall be strictly complied with and only the work specifically authorized hereby shall be accomplished. The permit shall expire on ____________________________.

Project Engineer ______________________ O&M Manager ___________________________

(OVER)

FOR OFFICE USE ONLY

Channel or Facility

Permit No.

Date Received

Attachment # ______

L2CTANVM

Information Only

L2CTANVM

Typewritten Text Attachment 13 W91238-13-R-0032-0006

Typewritten Text

L2CTANVM

Typewritten Text

G:\DISTRICT WIDE ADMINISTRATION\Forms\Encroachment Permit.doc

PERMITTEE NOTES:

All Encroachments over, upon or under District Facilities or other rights of way are regulated by County of NAPA CODE

TITLE 12 ROADS AND VEHICLES – ENCROACHMENTS and the EXCAVATION AND BACKFILL SPECIFICATIONS adopted pursuant thereto. Copies of these are available for review at the Department of Public Works, 1195 Third Street, Room 201, Napa, California 94559. The failure of Permittee to fully accomplish or satisfy the terms hereof shall render this permit null and void.

GENERAL PERMIT REGULATIONS

1. Work done under this permit shall be in accordance with the latest edition of the Standard Specifications of the Department of Public Works, State of California, Department of Transportation, the above-mentioned code and the specifications and provisions enumerated herein: Title IV of the Napa County Code and attached specifications shall govern in case of conflict.

2. Permittee is responsible to obtain all other permits required by other public or private agencies or individuals for the performance of the intended work.

3. Authorization for any installation granted by virtue of this permit is revocable by District at any time.

4. Maintenance of the encroachment is strictly the responsibility of the Permittee.

5. Whenever District sponsored construction, reconstruction or maintenance work on the easement or facility requires any installation authorized by this permit shall, upon order of the District Engineer, be promptly removed or relocated by and at the expense of the Permittee.

6. Existing drainage facilities must be operable at all times.

7. Upon the completion of the work, the Permittee shall clean the right of way of all rubbish, debris, trees, brush, excess material, temporary structures and the right of way shall be left in at least as presentable a condition as before the work began.

8. The Permittee shall notify the Napa County Flood Control District three (3) days prior to the commencement of any work authorized by this permit and shall advise when the work is complete and ready for final inspection. This permit shall be kept at the jobsite at all times.

9. The Permittee shall be responsible for all repairs of public facilities that are necessitated by any failure in the work accomplished under this permit; such responsibility shall extend for a period of one (1) year from date of acceptance by the

District.

10. District assumes no responsibility for all damage to any encroachment authorized by this permit due to District maintenance or construction activities.

11. Permittee agrees to hold the District and its officers and representatives harmless from any and all claims or liabilities as a consequence of the issuance of this permit. Permittee shall be responsible for all costs incurred by District relative to

Permittee’s activities under this permit, including reasonable attorney’s fees.

12. Erosion control measures shall be provided for work as required by applicable regulations and standards and shall be at

Permittee’s expense.

13. PERMITEE shall secure and provide proof of Commercial general liability [CGL] insurance coverage (personal injury and property damage) of not less than ONE MILLION DOLLARS ($1,000,000) combined single limit per occurrence, covering liability or claims for any personal injury, including death, to any person and/or damage to the property of any person arising from the acts or omissions of PERMITEE or any officer, agent, or employee of PERMITEE or its contractor and shall also file with the evidence of coverage an endorsement from the insurance provider naming DISTRICT, its officers, employees, agents and volunteers as additional insureds.

SPECIAL REQUIREMENTS FOR THIS PERMIT ARE ATTACHED

FOR INSPECTION, CALL (707) 259-8600 AT LEAST 72 HOURS PRIOR.

City of Napa Encroachment Permit Conditions

This is not an Encroachment Permit and has been included for the Contractors information. The Contractor will be required to obtain an encroachment permit from the City of Napa before the start of work. The following conditions will be included in the permit. Other conditions may be included at the time of permit issuance.

Contractor will be solely responsible for meeting the requirements of the permit and associated conditions.

1. Contractor shall maintain safe vehicle, pedestrian, ADA, and bicycle traffic access throughout the duration of the Project and provide detours only as needed to facilitate construction activities. All such detours shall be in accordance with the Project’s Detour Plans shown herein and as approved by the City of Napa.

2. Contractor shall submit formal written requests to the City for all street, traffic lane, bike lane, and pedestrian access closures and/or detour at least five (5) business days in advance of planned closure/detour. Road closures or lane restrictions will require review and approval by the City of Napa along with outreach to businesses, owners, residents, and the public at large. Outreach efforts must include informing all businesses and residents on McKinstry Street, First Street between Silverado and Soscol Avenue at least two weeks before planned closure/detour. Road closures and /or detours will not be approved without an outreach plan and documentation of outreach efforts.

3. Contractor shall provide a deposit of $10,000 as part of the City encroachment permit that will be used by the City to correct any failure by the Grantee to satisfy any of the conditions contained herein in a timely manner. The City will require replenishment of the deposit if the deposit is depleted. The deposit or remainder, if any, will be returned to the contractor at the completion of the project.

4. Contractor is responsible for the safety of the construction site. Contractor shall erect barricades on all trenches, excavations, and obstructions. Lights must be maintained at night. All signs, flags, lights and other warning and safety devices shall conform to the requirements set forth in the latest California Manual Uniform Traffic Control Devices (MUTCD). Contractor shall maintain existing City lighting at all times and provide temporary lighting of pedestrian walkways for detours or when City lighting cannot be maintained. Failure to install said public safety devices to the satisfaction of the City may result in the City taking all necessary actions to protect the public and the District at the expense of the contractor.

5. Contractor shall provide sufficient access to all fire hydrants at all times. The determination of sufficient access is at the sole discretion of the City and the District shall ensure that Grantee take immediate actions to restore sufficient access to all fire hydrant as solely determined by the City.

6. Contractor shall remove all refuse at the end of each shift each day. The contractor shall not store dumpsters, materials, equipment or any other items within the public right-of-way without prior written approval from the City. Failure to remove all refuse to the satisfaction of the City or unapproved storage of any items within the public right-of-way may result in the City taking actions to remove the refuse or stored items.

7. Trees, shrubs, and other plants that are not to be removed, fences, signs, marker and monuments, buildings and structures, conduits, pipelines under or above ground, sewer and water lines, all City facilities and any other improvements or facilities not included in the work shall be protected from injury or damage. The Contractor shall provide and install suitable safeguards, approved by the City, to protect the objects from injury or damage. If the objects are injured or damaged by reason of the Contractor’s operations, the objects shall be replaced or restored at the Contractor’s expense as approved by the City.

8. Contractor shall screen active staging areas from public view. The fencing and screen shall be maintained in good condition. A sign shall be placed on the construction fencing at visible public vantage points informing the public of the construction activity, duration of work and contact information for the contractor.

The sign shall be of professional quality and mounted in a safe and effective manner. Prior to erecting the screening fence and sign, the fence plans and sign proof shall be reviewed and approved by the City. Vandalism of signage or fencing screen shall be cleaned/replaced within 72 hours.

9. Contractor shall complete all construction in accordance with the latest edition of the City of Napa Public Works Standard Plans and Specifications and all work not completed in accordance with said standards shall be removed at the contractor’s sole expense.

10. Contractor shall protect existing drainage conditions at all times in all locations.

Roof and area drainage water from all buildings, duplexes and private garages, shall not be permitted to flow over the public property or sidewalk.

11. Contractor shall obtain all other permits required by other public or private agencies or individuals necessary in order to perform the intended work. If this provision is not complied with, this Agreement shall be null and void. It shall be the responsibility of the contractor to notify the utility companies before starting any construction which may involve their underground or overhead facilities and pay for any removal or relocation work necessary. Following is a partial list of telephone numbers:

Underground Service Alert, USA, 811 / 800-227-2600 Napa Sanitation District, 258-6000 City of Napa - Water Division, 257-9520

12. The Contractor shall notify Underground Service Alert at least two (2) working days, but not more than fourteen (14) calendar days, prior to performing any excavation. The Contractor shall not perform any excavation unless Underground Service Alert has been notified in the required time frame.

13. Contractor shall maintain all excavations in existing streets in a safe condition until the permanent paving is installed. Temporary paving shall be installed at the end of each work day and the paved street area opened and available for traffic and bicycle travel except where closure of the area had been approved by the City in writing. Temporary patch paving or damaged areas shall be replaced with permanent paving within 14 calendar days unless otherwise approved by the City in writing.

14. Contractor is responsible for preservation and/or perpetuation of all existing monuments which control subdivisions, tracts, boundaries, streets, highways, or other rights-of-way, easements, or provide survey control which will be disturbed or removed due to contractor’s work. Contractor shall provide a minimum of 10 working days’ notice to City of Napa and project engineer/surveyor prior to disturbance or removal of existing monuments. Contractor shall reset monuments or provide permanent witness monuments and file the required documentation with the County Surveyor pursuant to the Business and Professions Code, Section 8771.

15. Contractor shall conduct outreach activities to residents, property owners, and businesses informing them of construction activities that may impact them including, noise, night or weekend work, traffic, parking, delivery, garbage service, and pedestrian access. Email notification, mail notification, signage and other outreach media including the newspaper will be required for this project at the sole expense of the contractor. All outreach efforts shall be documented and approved by the City. Contractor shall be required to develop an outreach plan approved by the City. The outreach plan will designate a contact person that will be responsible for the outreach to the community and available to answer questions.

16. Contractor shall provide a minimum 48 hours’ notice to property owners, tenants or businesses if vehicle, pedestrian, or delivery access is to be limited for construction activities. At least one access point to adjacent properties within the work area shall be provided at all times unless arrangements have been made prior to the limitation of access.

17. Contractor shall identify parking locations for employee and subcontractor and submit a plan to the City prior to the use of City/Agency property. The parking area(s) shall be large enough to accommodate the construction activity per phase. Parking is limited in the construction work zone(s), so contractor and subcontractors will be required to park within designated area(s) and not impact City on-street hourly parking or public parking lots that are not part of active construction. Contractor may be required to park offsite and shuttle workers to the site if adequate space is not available within the designated staging areas.

City may charge a day fee for parking for onsite parking owned by the City due to the limited parking. Contractor shall be responsible for informing their subcontractors about where to park and where not to park and will be responsible for enforcing no parking along the City streets and businesses’ parking lots for employees, vendors, and sub-contractors.

18. Contractor shall provide a Storm Water Pollution Prevention Plan (SWPPP) that includes an Erosion Control Plan and Best Management Practices (BMP’s) to prevent illicit discharges during construction along with a schedule for implementation. Contractor shall ensure all activities are conducted in accordance with the most recent edition of the State Water Resources Control Board “General Permit for Storm water Discharges Associated with Construction Activity” and the Napa Municipal Code Section 8.36 “Storm water Runoff Pollution Control” to the Maximum Extent Practicable. The contractor shall ensure all activities are conducted in accordance with the approved SWPPP that incorporates BMP’s during construction in order to prevent illicit discharges.

Street sweeping that effectively removes and controls sediment from the roadways in the project area and along haul routes is required. The SWPPP shall include, but is not limited to, the following, Erosion Control Plan, dust control, handling, storage and disposal of all hazardous and non-hazardous waste, spill prevention, cleanup and disposal procedures, designated equipment cleanup and fueling areas and a copy of the Notice of Intent (NOI) submitted for coverage under NPDES. Any construction area within the City may be subject to storm water compliance inspections and enforcement by the City.

19. Construction activities throughout the entire duration of the project shall be limited to the hours 7:00 a.m. to 7:00 p.m., Monday through Friday except legal holidays. Machines and equipment (which includes back up alarms on trucks) shall not be operated prior to 8:00 a.m. nor past 5:00 p.m. Materials or equipment shall not be delivered prior to 8:00 a.m. nor past 5:00 p.m. If the Contractor desires to work on Saturdays, Sundays, City holidays, or hours beyond those stated above, the Contractor shall submit a written request to the City designated Engineer for approval. The request shall state the reason for the change in the working day schedule, approval in writing from the Army Corps of Engineers, and received by the City a minimum of (5) working days prior to the requested change. If the change is approved by the City designated Engineer there may be an additional cost to provide inspection by the City. This additional cost shall be paid to the City before the work can commence.

20. Contractor shall schedule and hold a preparatory meeting with the City prior to any and all phases of work within the City right of way or that may affect the City right of way, including hauling.