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. Email public.works@newark.org  or call (510) 578-4589 with any questions.

Resources:

• City of Newark Standard Details
• Standard Construction Notes
• City of Newark Moratorium Street List

Electronic Permit Submittals

After reading the Encroachment Permit Submittal Requirements section below, please follow the link below to upload your documents.  Once your documents are uploaded, staff will contact you with confirmation that the submittal was received, along with the project/tracking number.  Please allow 48 hours prior to contacting our office. 

Review period for an encroachment permit application is 30 days from the time a complete application submittal is received. 

Encroachment Permit Submittal Requirements

1. 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. Traffic Control Plans. Major intersections, arterial streets, and/or full closures shall require traffic control plans to be stamped and signed by a California-registered Civil Engineer. 

3. An itemized cost estimate for all proposed work.

4. Insurance Endorsements that meet City requirements. Contractor must provide a certificate of insurance that includes the following minimum coverages and requirements:  

• $1,000,000.00 Commercial Liability Coverage  
• $1,000,000.00 Automobile Liability Coverage  
• $1,000,000.00 Workers’ Compensation Coverage  
• Certificate shall state: “The City of Newark, it’s officials, employees, agents, and contractors” are covered as additional insureds. 
• See Insurance Requirements for additional information.

4. A completed Encroachment Permit Application (PDF).

6. Payment of the permit fee as determined based on the approved cost estimate. The application fee is a $110, and the inspection/review fee is 10.5% of the approved cost estimate (paid at the time of permit issuance).

7. 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. 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, or a surety bond (paid at the time of permit issuance).

After reading the above, please follow the link below to upload all required documents (items 1-5 to start).  Once documents are uploaded, staff will contact you with confirmation that the submittal was received, along with the project/tracking number.  Please allow 48 hours prior to contacting our office.

SUBMIT 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 (PDF).

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, or a surety bond. Email public.works@newark.org or call (510) 578-4589 for assistance.

Cash Deposit

A cash deposit may be provided as the performance bond in the form of a check, credit card, 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

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 (PDF). 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.

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