CC Resolution 9800
RESOLUTION NO. 9800
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
APPROVING THE FORM OF THE ENCROACHMENT AGREEMENT AND PERMIT
AGREEMENT FOR INSTALLATION OF NETWORK FACILITIES WITHIN THE PUBLIC
RIGHT-OF-WAY AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE
AGREEMENTS AND PERMITS IN SUBSTANTIAL COMPLIANCE WITH THE APPROVED
AGREEMENT AND PERMIT
WHEREAS, an Encroachment Agreement for the Installation of Network Facilities and
Encroachment Permit for the Installation of Network Facilities have been prepared; and
WHEREAS, comments were solicited from Network Facility Companies; and
WHEREAS, minor modifications to the Encroachment Agreement have been requested by a
few of the Network Facility companies; and
WHEREAS, these modifications will not change the basic intent of the agreement or permit.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby
approves the form of the Encroachment Agreement for the Installation of Network Facilities Within the
Public Right of Way and the Encroachment Permit for the Installation of Network Facilities and
authorizes the Public Works Director to execute such agreements and permits that are in substantial
conformance with the approved Agreement and Permit.
PASSED AND ADOPTED this 20th day of February, 2001 by the following roll call vote:
AYES:
Councilmembers: Furtado, Kennedy, Burr, Watson, Dean
NOES:
Councilmembers: None
ABSENT:
Councilmembers: None
APPROVED:
ATT~
W-v-Ji/<<-~
Anne Bybee, City Clerk
v
,
Recording Requested By:
City of Campbell
When Recorded Mail To:
City Clerk
City of Campbell
70 N. First Street
Campbell, CA. 95008
For the Benefit of
City of Campbell
Recorded Free
Gov. Code Sec. 27383
(Space above this line for Recorder's Use)
ENCROACHMENT AGREEMENT BETWEEN THE CITY OF CAMPBELL
AND FOR THE INST ALLA TION OF
NETWORK FACILITIES WITHIN PUBLIC RIGHT-OF-WAY
This Agreement ("Agreement") is dated for identification on
between the CITY OF CAMPBELL (herein termed "CITY")
(herein termed "ENCROACHER").
by and
and
RECIT ALS
WHEREAS, CITY owns, operates and maintains the Public Right-of-Way within CITY
for the purpose of providing public services to its clients; and,
WHEREAS, ENCROACHER desires to construct Network Facilities within the Public
Right-of-Way and/or public utility or service easements within CITY to provide
Telecommunications Services; and
WHEREAS, CITY has the authority to regulate the terms and conditions for the use of
Public Right-of-Way for the construction, installation and maintenance of Network Facilities
by private telecommunications services providers;
AGREEMENT PROVISIONS
NOW, THEREFORE, in consideration of the recitals and the mutual promIses
contained herein, CITY AND ENCROACHER agree as follows:
necessary franchises and/or licenses) from the CITY, nor may ENCROACHER provide
service using any facilities it places in the Public Right -of- W ay without first obtaining
written authorizations and required permits from the CITY, except that the foregoing
does not apply to services where State or Federal law preempts any requirement for
local authorization. The City Engineer shall be solely responsible for determining what
written authorizations and/or permits are required. ENCROACHER agrees that once a
written authorization and/or permit is determined to be required, ENCROACHER shall
first apply for same and complete whatever process is required before challenging the
requirement.
3. ENCROACHER shall comply with any lawful provision that the CITY may adopt in
the future requiring it to obtain a franchise, license, or other authorization, and may be
required to do so as a condition of the continued effectiveness of this Agreement.
4. The construction, installation, operation, maintenance and/or removal of Network
Facilities shall be accomplished without cost or expense to CITY subject to the written
approval of CITY's City Engineer in such a manner as not to endanger personnel or
property, or unreasonably obstruct travel on any road, walk or other access thereon
within said Public Right -of-Way.
5. This Agreement does not authorize use of any property other than the Public Rights-of-
Way. Any use of any other CITY property, including but not limited to poles and
conduits shall require a separate agreement.
6. This Agreement is not a grant by the CITY of any property interest but is made subject
and subordinate to the prior and continuing right of CITY and its assigns to use all the
Public Right-of-Way in the performance of its duty, including but not limited to, public
use as a street and for the purpose of laying, installing, maintaining, repairing,
protecting, replacing and removing sanitary sewers, water mains, storm drains, gas
mains, poles, overhead and underground electrics, and telephone lines, electroliers,
cable television and other utility and municipal uses together with appurtenances thereof
and with right of ingress and egress, along, over, across and in said Public Right-of-
Way; and ENCROACHER shall have a duty to remove, relocate and rearrange its
facilities within the time frame set forth by CITY, and at its own expense, in order to
accommodate such uses, as further provided in the "Removal and Relocation" section
of this Agreement.
7. The grant of rights in this Agreement is made subject to all easements, restrictions,
conditions, covenants, encumbrances and claims of title which may affect the Public
Right-of-Way, and it is understood that ENCROACHER, at its own costs and expense,
shall obtain such permission as may be necessary consistent with any other existing
rights.
8. If the CITY is not prohibited from charging for use of the Public Rights-of-Way by
ENCROACHER by State or Federal statute, it may do so, and the payment of any
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lawful compensation established by the CITY shall be a condition of the continued
effectiveness of this Agreement.
9. The construction, operation or repair and maintenance of Network Facilities shall be in
accordance with all applicable Federal, State and local laws, including, without
limitation, zoning laws, construction codes and CITY's Standard Specifications and
Details, as the same may exist now, or be hereafter amended or revised; and any
supplements thereto or revisions of this Agreement, and any Franchise or other
authorization now or in the future. Nothing in this Agreement prevents the CITY from
establishing additional or stricter conditions (even with respect to the matters specified
in those sections), and requiring ENCROACHER to comply with the same. In the
event of a conflict among codes and standards, the most stringent code or standard, as
determined in the sole judgment of the City Engineer, shall apply.
CONSTRUCTION PERMIT, FEES, AND DEPOSITS
10. ENCROACHER shall apply for an encroachment permit (and such other permits as
may be required) for all work and each job within the Public Right-of-Way or public
utility or service easements. ENCROACHER shall furnish detailed plans of the work
and other such information as required by the City Engineer of CITY and shall pay all
processing, field marking, plan checking, engineering and inspection fees and shall post
all bonds and deposits required prior to issuance of permit in accordance with the rates
in effect at the time of payment. Said improvements shall be constructed and installed
in accordance with the Campbell Municipal Code, CITY's Standard Specifications, and
as further provided for in the provisions of this Agreement.
11. Any encroachment permit shall set forth the description of the Network Facilities to be
installed and the Public Right-of-Way in which such facilities are to be located. CITY
may establish construction-related conditions and specifications in the encroachment
permit.
PERFORMANCE BOND
12. Prior to the issuance of an encroachment permit, ENCROACHER shall provide CITY
with a performance bond naming CITY as obligee in the amount equal to one hundred
percent (100 % ) of the value of the work to be performed by or on behalf of
ENCROACHER within and affecting the Public Right-of-Way to guarantee and assure
the faithful performance of ENCROACHER's obligations under this Agreement. CITY
shall have the right to draw against the performance bond in the event of a default by
ENCROACHER or in the event that ENCROACHER fails to meet and fully perform
any of its obligations. The form of the performance bond shall be approved by the
CITY. The performance bond shall remain in full force until the work to be performed
is complete, inspected and accepted by the City Engineer and is released by CITY.
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CONSTRUCTION AND MAINTENANCE STANDARDS
13. ENCROACHER shall at all times employ reasonable care, within the meaning of
applicable law, and shall install, maintain and use commonly accepted methods and
devices for preventing failures and accidents that are likely to cause damage, injury or
nuisance to the public, and shall take all reasonable steps to safeguard work sites areas,
including, without limitation, existing facilities and property.
14. Encroacher agrees to perform all work under this agreement in accordance with the
requirements of the encroachment permit issued for the work and in accordance with
the current City of Campbell Standard Specifications and Details for Public Works
Construction.
15. ENCROACHER shall construct, operate and maintain its Network Facilities so as not
to endanger or interfere with improvements that CITY shall deem appropriate to make,
or to interfere in any manner with the Public Right-of-Way or legal rights of any
property owner or to unnecessarily hinder or obstruct pedestrian or vehicular traffic.
ENCROACHER shall place all facilities in strict conformance with the plans and
drawings approved in writing by CITY and shall not place facilities, equipment or
fixtures where they will interfere with any gas, electric, telephone, telecommunications,
water, sewer or other utility facilities or obstruct or hinder in any manner such entity's
use of any Public Right -of-Way. Any and all above ground facilities shall be located
and included on the plans and drawings for approval by the City. City reserves the
right to restrict ENCROACHER's work on the Network Facilities within the Public
Right-of-Way to specific days and hours, so as to not unduly interfere with the use or
function of the Right-of-Way.
Any and all Public Rights-of-Way, public property or private property that is disturbed
or damaged by ENCROACHER during the construction, repair, replacement,
relocation, operation, maintenance or construction of a Network Facility shall be
promptly repaired by ENCROACHER, to a condition equal to or better than that which
existed prior to the damage.
16. ENCROACHER shall not install or erect any facilities or apparatus in or on other
public property, places or Public Rights-of-Way, or within any privately owned area
within CITY which has not yet become a public street but is designated or delineated as
a proposed public street on any tentative subdivision or parcel map approved by CITY,
except those installed or erected upon public utility facilities now existing without
obtaining permits or other written approval of the City Engineer.
17. Any contractor or subcontractor used for the construction, installation, operation,
maintenance or repair of the Network Facility equipment shall be properly licensed
under the laws of the State and all applicable local ordinances and each contractor or
subcontractor shall have the same obligations with respect to its work as
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ENCROACHER would have under this Agreement and applicable law as if the work
were performed by ENCROACHER. ENCROACHER shall be responsible for
ensuring that the design and construction of the work, including but not limited to all
work completed by engineers, contractors and subcontractors, is performed consistent
with this Agreement and applicable law, and the ENCROACHER shall be responsible
for all acts or omissions of their designers, engineers, contractors or subcontractors and
shall implement a quality control program to ensure that the work is properly
performed. This section is not meant to alter any tort liability of ENCROACHER to
third parties.
18. If, during the course of the project, the Director of Public Works determines that the
public health, safety and welfare requires a modification of or a departure from the
plans and specifications submitted by the ENCROACHER for the proposed project, the
Director of Public Works shall have the authority to identify, specify, and delineate the
modification or departure required, and ENCROACHER shall perform the work
allowed under this agreement in accordance with CITY specified departure or
modification. The Director shall provide the ENCROACHER with a written description
of the required modification or departure, the public health, safety or welfare issue
necessitating the modification or departure, and the time within which the
ENCROACHER shall make, complete or maintain the modification or departure
required.
ENCROACHER agrees to keep said Network Facilities in good and safe condition and
free from any nuisance.
19. ENCROACHER shall notify all property owners within 100 feet of a work site in
writing at least twenty four (24) hours prior to the commencement of any anticipated
work under this Agreement.
20. ENCROACHER agrees to attend all Utility Coordination Meetings conducted by the
CITY.
21. ENCROACHER agrees to obtain any permits required for work on private property in
coordination and conjunction with permits for work within the Public Rights-of-Way.
22. Within ten (10) days after its receipt of a written request from CITY, ENCROACHER
shall, at its sole cost and expense, expose its subsurface Network Facility by potholing
(digging a test hole) to a depth of one foot (1') below the bottom of such facility. If
ENCROACHER fails to perform the potholing, CITY may proceed on
ENCROACHER's account and ENCROACHER shall promptly reimburse CITY for
the cost of same, plus a fifteen percent (15 %) administrative overhead charge. CITY is
hereby held harmless and indemnified by ENCROACHER for any loss and/or damages
resulting from the CITY's performance of the required work.
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IDENTIFICATION OF COMMUNICATIONS EQUIPMENT
23. ENCROACHER may be required to identify the Network Facilities installed in each
Right(s)-of-Way by means of an identification method mutually agreed upon by the
Parties, or as directed by the City Engineer if the parties cannot mutually agree on an
identification method. Such identification shall be detectable from ground level without
opening the street.
REMOV AL AND RELOCATION
24. In the event of an emergency, or where Network Facilities create or are contributing to
an imminent danger to health, safety or property, CITY may remove, relay or relocate
any or all parts of those Network Facilities without prior notice; however, CITY shall
make reasonable efforts to provide prior notice.
25. ENCROACHER shall promptly relocate its facilities to accommodate projects or needs
of CITY, or other government agencies and third parties who are authorized to use the
Public Rights-of-Way. Should ENCROACHER be required to relocate its Network
Facilities for any non-governmental third party and for reasons other than the above,
ENCROACHER may condition rearrangement of its facilities on an agreement by the
third party to pay the reasonable cost of relocation, except where (i) the Network
Facilities must be relocated because it was not properly installed by ENCROACHER,
or was installed without obtaining necessary authorizations; or (ii) state or federal law
requires otherwise; or (iii) relocation is necessary to protect and preserve the public
health safety or welfare.
26. ENCROACHER shall remove or relocate, without cost or expense to CITY, any
Network Facilities installed, used and maintained under this Agreement if and when
made necessary by any lawful change of grade, alignment or width of any street,
including the construction, maintenance or operation of any underground subway or
viaduct by CITY and/or the construction, maintenance or operation of any other CITY
underground or aboveground facilities.
27. In the event all or any portion of said Public Right-of-Way occupied by said Network
Facilities shall be needed by CITY for governmental purposes or in the event existence
of said Network Facilities shall be considered detrimental to governmental activities,
including but not limited to, interference with CITY construction projects, or is in
conflict vertically and/or horizontally with any proposed CITY installation,
ENCROACHER shall, by written direction of CITY's City Engineer, remove and
relocate said Network Facilities to such other location or locations on said Public Right-
of-Way as may be designated by CITY. Said removal or relocation shall be completed
within ninety (90) days of notification by CITY. In the event said Network Facilities
are not removed or relocated within ninety (90) days after said notification, CITY may
cause the same to be done at the sole expense of ENCROACHER. Should the CITY
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incur costs associated with the delay in removal or relocation of the Network Facilities,
the ENCROACHER shall reimburse the City for those expenses.
28. ENCROACHER shall, by a time specified by CITY, protect, support, temporarily
disconnect, relocate or remove any of its property when required by CITY or any other
governmental entity by reason of traffic conditions; public safety; Public Rights-of-Way
construction; Public Rights-of-Way maintenance or repair (including resurfacing or
widening); change of Public Rights-of-Way grade; construction, installation or repair of
sewers, drains, water pipes, power lines, signal lines, tracks or any other type of
government -owned communication system, public work or improvement or any
government-owned utility; Public Rights-of-Way vacation; or for any other purpose
where the work involved would be aided by the removal or relocation of the Network
Facility.
29. In those areas and portions of the CITY where the transmission or distribution facilities
of either a public utility providing telephone service or those of the utility providing
electric service are underground or hereafter may be placed underground, then
ENCROACHER shall likewise construct, operate and maintain all of its Network
Facilities underground. For the purposes of this subsection, "underground" shall
include a partial underground system. The CITY shall not in any manner be
responsible for any costs incurred by ENCROACHER in placing ENCROACHER's
facilities underground.
30. If any portions of the Network Facilities covered under this Agreement other than
redundant facilities or facilities for emergency use are no longer used by
ENCROACHER, or are abandoned for a period in excess of one (1) year,
ENCROACHER shall notify CITY and shall either promptly vacate and remove the
facilities at its own expense or, at the discretion of the City Engineer, may abandon
some or all of the facilities in place. Notwithstanding the foregoing, this section shall
not apply to Network Facilities installed to meet future demand or needs for capacity.
31. When removal or relocation is required under this Agreement, ENCROACHER shall,
after the removal or relocation of the Network Facilities, at its own cost, repair and
return the Public Right-of-Way in which the facilities were located to a safe and
satisfactory condition in accordance with the construction-related conditions and
specifications as established by CITY. Before proceeding with removal or relocation
work, ENCROACHER shall obtain an encroachment permit from the CITY under
Chapter 11.04 of the Campbell Municipal Code. Should ENCROACHER remove the
Network Facilities from the Public Right-of-Way, ENCROACHER shall, within ten
(10) days after such removal, give notice thereof to CITY specifying the right-of-way
affected and the location thereof as well as the date of removal.
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DAMAGE TO EXISTING FACILITIES
32. ENCROACHER shall be responsible for any damage to CITY street pavements,
existing utilities, curbs, gutters, sidewalks and all other public or private facilities due
to its construction, operation, installation, maintenance, repair or removal of its
Network Facilities in Public Right-of-Way, and shall repair, replace and restore in kind
the said damaged facilities at ENCROACHER'S sole expense.
33. ENCROACHER shall be responsible for the maintenance of the City street pavement or
other public improvements associated with the Network Facilities. Any premature
deterioration of surface and subsurface improvements, such as pavement or concrete
over the facility or trench or adjacent area, or reduction in the life of the Right-of-Way
as determined by City Engineer, which results from ENCROACHER's acts or
omissions shall be the responsibility of ENCROACHER. ENCROACHER shall
complete all necessary repairs within thirty (30) days of notification by City Engineer.
If ENCROACHER fails to make repairs within thirty (30) days of notice, CITY may
have repairs made with the cost being billed to ENCROACHER. If the repair cannot
fully reverse the deterioration or loss of life, the CITY may require ENCROACHER to
pay for the damage suffered as a result. This obligation shall extend for the duration of
the encroachment of the facilities.
PREEXISTING INST ALLA TIONS
34. If Public Right-of-Way to be used by ENCROACHER has preexisting installation(s)
placed in the said Right -of- W ay, ENCROACHER shall assume the responsibility to
verify the location of the preexisting installation and notify CITY and any third party
owner of ENCROACHER's proposed installation. The cost of any work required of
such third party owner or CITY to provide adequate space or required clearance to
accommodate ENCROACHER's installation shall be borne solely by ENCROACHER.
CITY is under no obligation to move its existing utilities out of the way to
accommodate or make room for ENCROACHER's Network Facilities.
PARTICIPATION WITH OTHER UTILITIES/ENTITIES
35. ENCROACHER agrees to cooperate in the planning, locating and constructing of its
Network Facilities in utility joint trenches or common duct banks with other similar
utilities providers and to participate in cost-sharing for the joint trench and ducts, when
two or more telecommunications service providers are proposing Network Facilities in
the same Public Right-of-Way or when an underground project is being planned by
CITY.
ENCROACHER shall provide the City with a Master Plan for all proposed
improvements within the City limits. Said Master Plan shall be coordinated with the
City's current Pavement Maintenance Program and shall not include installation of
underground facilities in streets that have been resurfaced within the past five (5) years.
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Should it be essential, as determined by the City Engineer, for an installation to take
place within Public Rights-of-Way that have been resurfaced, extensive pavement
restoration methods shall be required as determined by the City Engineer to place the
pavement, as nearly as possible, in at least as good a condition as existed prior to the
installation.
Thirty days prior to application for any permit to install facilities within the Public
Rights-of-Way, the ENCROACHER shall notify, in writing, all other utilities or other
entities as directed by the City Engineer, of the proposed facility installation, and shall
request a response in writing from each entity as to their desire to participate in the
installation of any such facilities within the same Public Rights-of-Way. Permits for
installation of facilities along the same or similar routes will not be considered for a
period of three years following the issuance of a permit for installation of such
facilities.
In order to facilitate coordination, the ENCROACHER shall mail notice of
its application to other potential permit applicants (as identified by CITY) at least 30
days before approval of the Encroachment Agreement between the ENCROACHER
and the CITY. At a minimum, the notice shall set forth: (a) that ENCROACHER has
submitted a permit to CITY for work in CITY'S rights-of-way; (b) the nature and
location of the proposed work; (c) the time frame in which the work is to occur; (d) and
that if the potential permit applicant does not submit an application to CITY within
30 days from the date of the notice, the potential permit applicant can be
barred from working in the areas identified in the notice for a period of
three (3) years.
RECORDS AND FIELD LOCATIONS
36. ENCROACHER shall maintain accurate maps and improvement plans of said Network
Facilities located within the City of Campbell. ENCROACHER shall, upon demand of
the City Engineer, deliver to the office of the Public Works Department free of charge,
and to other third parties interested in performing work within Public Right-of-Way for
a reasonable charge upon request, within thirty (30) days after such demand, such maps
and plans as may be required to show in detail the exact location, size, depth, and
description of all Network Facilities installed within said Public Right-of-Way.
ENCROACHER shall also submit the plan in digital electronic format as specified by
CITY. ENCROACHER shall at its sole cost and expense, expose by potholing to a
depth of one foot (1') below the bottom of its subsurface Network Facilities, within ten
(10) days of receipt of a written request from CITY to do so.
37. ENCROACHER shall be a member of the regional notification center for subsurface
installations (Underground Service Alert) and shall field mark, at its sole expense, the
locations of its underground Network Facilities upon notification in accordance with the
requirements of Section 4216 of the State of California Government Code, as it now
reads or may herein after be amended.
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38. ENCROACHER shall provide books and records for copying and inspection, and
ENCROACHER's facilities shall be subject to such inspection by the CITY, as the
CITY finds appropriate to request in the exercise of its rights under this Agreement and
its jurisdiction over ENCROACHER.
SERVICE CHANGE
39. ENCROACHER hereby warrants that the type of service offered to its customers
through the Network Facilities in Public Right-of-Way consists solely of
Telecommunication Services.
40. The terms of this Agreement are based on the type of equipment, and service and/or
product which ENCROACHER carries over the Network Facilities installed in the
Public Right-of-Way. ENCROACHER acknowledges that any change in service or
change in the law may increase the CITY's regulatory authority over such services,
product, and ENCROACHER's use of Public Right-of-Way, and may require
modification of this Agreement, and require ENCROACHER to obtain additional
authorizations.
NO FRANCHISE RIGHTS CREATED
41. Nothing in the Agreement shall be construed as granting or creating any franchise or
license rights.
NO OWNERSHIP OR VESTED INTEREST CREATED
42. No use of any Public Right-of-Way or other interest or property under this Agreement
shall create or vest in ENCROACHER any ownership or other interest in the Public
Right -of-Way, streets or any other property or interest of the CITY.
HOLD HARMLESS AND INDEMNIFICATION
43. ENCROACHER, jointly and severally, for itself, is successors, agents, and
ENCROACHER's employees, agrees to indemnify, defend (with reasonable notice to
ENCROACHER and with counsel reasonably acceptable to CITY) and hold harmless
CITY, CITY REDEVELOPMENT AGENCY, its officers, employees, agents and
volunteers and any successors to CITY's interest from and against any and all claims,
demands, losses, damages, liabilities, fines, penalties, charges, administrative and
judicial proceedings and orders, judgments, remedial actions of any kind, and all costs
and cleanup actions of any kind, all costs and expenses incurred in connections
therewith, including, without limitation, reasonable attorney's fees and costs of defense
(collectively, the "Losses") arising directly or indirectly out of the activities or
Facilities described in this Agreement and/or the installation, construction, operation,
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maintenance, removal and/or repair of the improvement and facilities thereto.
However, ENCROACHER shall not indemnify the CITY, CITY REDEVELOPMENT
AGENCY, its officers, employees, agents and volunteers and any successors to CITY's
interest for Losses arising directly or indirectly, from the CITY's sole negligence or
willful misconduct. CITY shall not be responsible for any damages, losses, or liability
of any kind occurring by reason of anything done or omitted to be done by CITY,
except for acts which constitute the CITY's sole negligence or willful misconduct, or
by any third party, including, without limitation, damages, losses or liability arising
from the issuance by the CITY of a permit or approval to any third party or any
interruption in service.
44. ENCROACHER, for itself and its successors and assigns, hereby waives all claims and
causes of action, whether now existing or hereafter arising, against CITY, CITY
REDEVELOPMENT AGENCY, or its officers, agents, employees or volunteers, for
damages, physical or otherwise, to any of the facilities covered by this Agreement from
any cause whatsoever excluding those arising as a result of the CITY's gross negligence
or willful misconduct. Under no circumstances shall either party be liable to the other
party or otherwise be responsible for any loss of service downtime, lost revenue or
profits or third-party damages.
INSURANCE
45. ENCROACHER shall procure and maintain insurance during the entire term of this
Agreement against claims for injuries to persons or damages to property which in any
way relate to, arise from, or are connected with the installation or use of
communication equipment and Network Facilities in the Public Right(s)-of-Way by the
ENCROACHER, or any entity acting on its behalf, and shall keep insurance in effect in
accordance with the minimum insurance scope the CITY may set from time to time.
ENCROACHER initially shall maintain in full force and effect the insurance policies
set forth in Sections 46-50.
46. Worker's Compensation Insurance: ENCROACHER shall obtain statutory Workers'
Compensation insurance and Employer's Liability insurance in the amount of One
Million Dollars ($1,000,000) per accident.
The insurer shall agree to waive all rights of subrogation against the City, the City of
Campbell Redevelopment Agency, its officers, officials, employees and volunteers for
losses arising from work performed by the ENCROACHER.
47. Commercial General Liability/Automobile Liability Insurance: ENCROACHER shall
obtain Commercial General Liability insurance including operations, products and
completed operations and Automobile Liability insurance in the amount of One Million
Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property
damage. If a general aggregate limit is used, either the general aggregate limit shall
apply separately to the contract or the general aggregate limit shall be three times the
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required occurrence limit. ENCROACHER's insurance coverage shall be written on an
occurrence basis. Completed Operations and Products Liability coverage shall be
maintained for two (2) years after completion of the work. Property Damage Liability
Insurance shall include coverage for the following hazards: X - explosion, C - Collapse,
U - underground.
48. Acceptability of Insurers: Insurance is to be placed with insurers admitted and duly
authorized to transact business under the laws of the State of California and with a
current Best Rating of A: VII unless otherwise acceptable to CITY.
49. Verification of Coverage: Insurance, deductibles or self-insurance retentions shall be
subject to CITY's approval. Original Certificates of Insurance and amendatory
endorsements shall be received and approved by CITY before work commences, and
insurance must be in effect for the duration of this Agreement.
50. Other Insurance Provisions:
a. The City of Campbell, City of Campbell Redevelopment Agency, its officers,
officials, employees, agents and volunteers are to be covered as insureds with
respect to liability arising out of automobiles owned, leased, hired or borrowed by
or on behalf of the Contractor; and with respect to liability arising out of work or
operations performed by or on behalf of the ENCROACHER including materials,
parts or equipment furnished in connection with such work or operations by a
comprehensive commercial general liability endorsement no less than Endorsement
CG 20 10 11 85 or equivalent.
b. For any claims related to this project, ENCROACHER's insurance coverage shall
be primary as respects the City, the City of Campbell Redevelopment Agency, its
officers, officials, employees, and volunteers. Any insurance or self-insurance
maintained by the City, the City of Campbell Redevelopment Agency, its officers,
officials, employees or volunteers shall be in excess of the ENCROACHER's
insurance and shall not contribute with it.
c. Each insurance policy required shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) day' prior written notice by
certified mail, return receipt requested, has been given to CITY. A ten (10) day
notice is required for cancellation due to non-payment of premium.
The Contractor shall procure and maintain Course of Construction insurance for
those projects with "Construction Risk" as defined by the City Engineer and as
specifically required in the Special Provisions. Course of Construction policies, if
required, shall name City as loss payee, and the insurer shall waive all rights of
subrogation against the City.
d. It shall be the responsibility of ENCROACHER to ensure that all subcontractors
comply with the same insurance requirements that are stated in this Agreement.
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ASSIGNMENT
51. ENCROACHER shall not assign, sublet or transfer any interest in this Agreement nor
the performance of any ENCROACHER's obligations hereunder, without the prior
written consent of CITY, which shall not be unreasonably withheld, and any attempt by
ENCROACHER to so assign this Agreement or any rights, duties or obligations arising
hereunder shall be void and of no effect. The transfer of the rights and obligations of
ENCROACHER to a parent, successor, subsidiary, or other affiliate of
ENCROACHER shall not be deemed an assignment for the purposes of this section.
For the purposes of this section, the leasing or granting in the ordinary course of
business of indefeasible rights of use or similar rights in dark fiber, fiber optic capacity,
conduit and other network elements shall not require the express consent of the CITY,
so long as ENCROACHER remains solely responsible for locating, placing, installing,
maintaining, relocating and removing the facilities.
THIRD-PARTY MODIFICATIONS
52. This Agreement shall be subject to such changes or modifications as may be required or
authorized by any regulatory commission in the exercise of its lawful jurisdiction.
ENFORCEMENT
53. Failure to comply with the terms and conditions of this Agreement may, at CITY's sole
discretion, result in withholding issuance of any new encroachment permits and/or
enforcement pursuant to Campbell Municipal Code.
54.
a. The Director of Public Works shall have the authority to enforce this agreement
against violations thereof. Upon the Director's determination that the
ENCROACHER has violated any provision of this Agreement, the Standard Plans
and Specifications, notices, orders, or regulations of the City; any term, condition,
or limitation of this Agreement or the Encroachment Permit, or is subject to any
outstanding fees or other charges, the Director may serve notice on the
ENCROACHER to abate the violation. In addition to any rights that the CITY may
have in law or equity, any ENCROACHER whom the Director determines to be
responsible for violating the terms of this Agreement shall be subject to any and all
of the enforcement mechanisms set forth herein.
b. LIQUIDATED DAMAGES - The parties to this Agreement acknowledge that the
failure of ENCROACHER to correct or remedy a violation of the terms of this
Agreement within the time frames set forth in this section will result in real and
actual damage to the CITY, the monetary amount of which is difficult to accurately
estimate. As a consequence, the parties agree that liquidated damages in the amount
of $1,000 per day may be assessed as provided in this section for each and every
14
day that a properly noticed violation is not corrected or remedied, and that this
amount represents a reasonable estimate of the probable damages to the CITY.
c. NOTICE OF VIOLA nON - As a prerequisite to the imposition of liquidated
damages, the Director shall notify the ENCROACHER responsible for a violation
that the ENCROACHER has seventy-two (72) hours to correct or otherwise remedy
the violation or be subject to the imposition of liquidated damages. For violations
that create an imminent danger to public health, safety, or welfare, the Director
shall immediately notify the ENCROACHER to immediately remedy the violation
or be subject to the imposition of liquidated damages. The Director's notice may be
a written, electronic, or facsimile communication and shall specify the nature of the
violation and the manner in which the violation must be remedied.
d. ENFORCEMENT COSTS - In addition to the liquidated damages, the Director
may assess enforcement costs to cover the reasonable costs incurred in enforcing the
administrative penalty, including reasonable attorney's fees.
e. NOTICE IMPOSING LIQUIDATED DAMAGES - If the ENCROACHER fails to
remedy the violation within the time specified in the notice of violation, the Director
shall notify, in writing, the responsible party of the Director's imposition of
liquidated damages. This notice shall include the amount of the liquidated damages
and any enforcement costs and shall declare that such liquidated damages and costs
are due and payable to the City Clerk within thirty (30) calendar day
TERMINATION
55. This Agreement shall terminate ten (10) years from the effective date unless renewed in
writing prior to said termination date, except that this Agreement may be terminated
sooner under the following circumstances:
a. This Agreement may be terminated by CITY upon approval of the City Engineer
and at least thirty (30) days written notice to ENCROACHER if CITY reasonably
determines that the provisions herein interfere with the use or disposal of said
Public Right-of-Way or any part thereof by CITY. Where only a portion of
ENCROACHER's Network Facilities interferes with the use or disposal of said
Public Right-of-Way, CITY shall allow ENCROACHER to relocate the said portion
in accordance with the "Removal and Relocation" section of this Agreement.
b. This Agreement may be terminated by CITY for failure, neglect or refusal by
ENCROACHER to fully and promptly comply with any and all of the conditions of
this Agreement, or for nonuse in accordance with the "Removal and Relocation"
section of this Agreement, upon thirty (30) days written notice, unless
ENCROACHER confirms within thirty (30) days of receipt of the notice that the
cited condition has ceased, been corrected or, subject to CITY's agreement is
15
diligently being pursued by ENCROACHER, which agreement shall not be
unreasonably withheld.
c. The Agreement may be terminated if the CITY determines that any material term
hereof is unenforceable.
d. ENCROACHER and CITY agree to renegotiate this Agreement in good faith if
required for CITY to comply with 47 U.S.C. 253, or any similar provision of state
law.
e. This Agreement may be terminated if any Certificate of Public Convenience and
Necessity under which ENCROACHER operates is terminated, is revoked, or is
abandoned.
56. Upon termination of the Agreement, and upon written request by CITY,
ENCROACHER, at its own cost and expense, agrees to remove, or at CITY's
discretion, abandon in place some or all of its Network Facilities from the Public Right-
of-Way and restore the Public Right-of-Way as set forth in the Removal and Relocation
provisions of this Agreement. Should ENCROACHER in such event fail, neglect or
refuse to make such removals or restoration within one hundred eight (180) days of
CITY's written request, at the sole option of CITY, such removal and restoration may
be performed by CITY at the expense of ENCROACHER, which actual expense
including administrative and legal costs ENCROACHER agrees to pay CITY upon
demand. If CITY allows ENCROACHER to abandon its Network Facilities in place,
title to those Network Facilities shall pass to CITY and ENCROACHER shall, upon
demand, promptly execute and deliver to CITY all documentation necessary to
effectuate such transfer of ownership of the Network Facilities. Upon such transfer of
ownership after abandonment and acceptance by CITY, ENCROACHER shall have no
further obligations or liabilities under this Permit, with the exception of the repair
obligations delineated in the "Damage to Existing Facilities" section of this Agreement.
NOTICE
57. ENCROACHER's staff shall be available to CITY staff 24 hours a day, 7 days a week,
regarding problems or complaints resulting from the facilities installed pursuant to this
Agreement and may be contacted by telephone at or pager at
regarding such problems or complaints. ENCROACHER shall
designate a person in California who is authorized to accept service of process on
behalf of ENCROACHER. ENCROACHER shall promptly respond to such call(s) and
perform the required repair or correct any adverse impact to CITY's use or operations
or the use or operations of a third party caused by ENCROACHER's Network
Facilities in the Public Right(s)-of-Way at no cost to CITY.
16
58. All notices given or which may be given pursuant to this Agreement shall be in writing
and transmitted by United States mail or by private delivery systems or by facsimile, if
allowed, by United States mail or by private delivery systems as follows:
To CITY at:
City of Campbell
70 N. First Street
Campbell, CA 95008
Attn: City Engineer
FAX Number: (408) 376-0958
To ENCROACHER at:
With copy to:
ENTIRE UNDERSTANDING OF THE PARTIES
59. This Agreement contains the entire understanding between the parties with respect to
the subject matter herein. There are no representations, agreements or understanding
(whether oral or written) between or among the parties relating to the subject matter of
this Agreement which are not fully expressed herein. This Agreement may be not
amended except pursuant to a written instruction signed by all parties.
LITIGATION
60. In the event that either party initiates litigation to enforce or construe any right, duty or
obligation arising out of this Agreement, the prevailing party shall be entitled to recover
its reasonable attorney's fees and costs.
17
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed in duplicate.
CITY OF CAMPBELL, a California
General law city and municipal
Corporation "CITY"
"ENCROACHER"
By:
Public Warks Director
By:
Approved as to Content:
Its:
City Engineer
Approved as to Form:
City Attorney
NOTE: All signatures must be notarized.
J: \forms\fiber optic encagreement
18
ENCROACHMENT PERMIT
DEPT. OF PUBLIC WORKS NET WORK FACILITIES X-Ref. file
(For Working within the public right-of-way)
CITY OF CAMPBELL
Permit No.
70 North First 5t.
Campbell, CA 95008
(408) 866-2150
Fax (408) 376-0958
Issued
Permit expires in 12 months
Application Date
Application expires in 6 months
APPLICATION - Application is hereby made for a Public Works Permit in accordance with Campbell Municipal Code, Section 11.04. (Application expires in
6 months if the permit is not issued. Application Fee is non-refundable.)
A. Work address or tract #
Utility Trench Location
B. Nature of work
C. Attach four (4) copies of engineered plans showing the location and extent of the work, and four (4) copies of the preliminary Engineer's Estimate of work.
The plans shall show the relation of the proposed work to existing surface and underground improvements. When approved by the City Engineer, said plan
becomes a part of this permit.
D. All work shall conform to the City of Campbell Standard Specifications and Details for Public Works Construction and the attached Special Provisions for
this permit. Failure to abide by these conditions and provisions may result in job shut-down and/or forfeiture of Faithful Performance Sureties and cash
deposits. (See General Permit Conditions 1 and 2.)
E. THE CONTRACTOR MUST HAVE THIS PERMIT AND APPROVED PLANS AT THE SITE AND MUST NOTIFY THE PUBLIC WORKS
DEPARTMENT AT LEAST TWO DAYS BEFORE STARTING WORK. NOTICE MUST BE GIVEN TO PUBLIC WORKS AT LEAST 24 HOURS
BEFORE RESTARTING ANY WORK.
Name of Applicant
Telephone
(print name)
Address
24 HOUR EMERGENCY TELEPHONE NO.
Is this work being done by the property owner at his or her own residence? ",,""_,"_ Yes
No
The Applicant/Permittee hereby agrees by affixing their signature to this permit to hold the City of Campbell, its officers, agents and employees free, safe and
harmless from any claim or demand for damages resulting from the work covered by this permit.
The Applicant/Permittee hereby acknowledges that they have read and understand all of the conditions and requirements of this permit, and they will
inform their contractor(s) of the information.
Accepted
(Applicant/Permittee) (sign)
Date
1. WORKING HOURS: (No traffic lanes may be restricted after working hours)
8: 15 AM to 3:30 PM - Monday through Friday, excluding holiday weekends.
9:00 AM to 4: 15 PM - Holidays and Weekends (Upon approval by the City Engineer)
2. SPECIAL PROVISIONS: (See Attachments)
SEE PUBLIC WORKS FEE SCHEDULE FOR CURRENT FEES
TYPE
AMOUNT
RECEIPT NO.
PERMIT APPLICATION FEE
PLAN CHECK DEPOSIT
SECURITY FOR FAITHFUL PERFORMANCE/LABOR & MATERIALS
CONSTRUCTION CASH DEPOSIT
PLAN CHECK & INSPECTION FEE
$
$
$
$
$
APPROVED FOR ISSUANCE
for City Engineer
Date
j: \forms\NetFacilperm\ 1 0/ 1 0/00
. Network Facilities Encroachment Permit
Page 2
SPECIAL PROVISIONS
I. A CONSTRUCTION CASH DEPOSIT is required. Charges will be made against this deposit if there is an emergency call-
out; overtime inspection or when City ordered barricading is required. Any such costs in excess of the deposit will be billed to
the Permittee.
2. A ONE-YEAR MAINTENANCE PERIOD AND SURETY are required. Such period will begin on date of written
acceptance by the City.
3. REFUND of the cash deposit balance and refund or cancellation of the Faithful Performance Surety will be initiated by the
written acceptance of the work by the City.
4. Per Section 4215 of the Government Code this permit is not valid for excavations until Underground Service Alert
(USA) has been notified and the inquiry identification number has been entered hereon. USA Phone 1-800-227-2600.
USA TICKET No.
5. Applicant shall enter into an Encroachment Agreement substantially similar to the Standard Agreement attached
hereto prior to starting any construction activities.
6. The Permittee MUST REQUEST IN WRITING a final inspection and acceptance of the work upon completion. Acceptance
by the City will be made in writing to the Permittee.
7. MAINTAIN safe pedestrian and vehicular crossings and free access to private driveways, bus stops, fire hydrants and water
valves.
8. A CONSTRUCTION TRAFFIC CONTROL PLAN and a CONSTRUCTION SCHEDULE is required for all lane closures,
detours and street closures. This plan must be REVIEWED and APPROVED prior to any lane closures.
9. The CONSTRUCTION TRAFFIC CONTROL PLAN shall conform to the Caltrans Manual of Traffic Controls for
Construction and Maintenance Work Zones, dated 1990, available at Caltrans. Traffic control equipment shall include Type II
flashing arrow signs if required.
10. REPLACE IN KIND any damaged or removed existing improvements, including planting.
11. Sawcut for all PCC or AC removals. All PCC removals shall be to nearest scoremark and shall be doweled to existing
improvements.
12. OVERTIME INSPECTION PREMIUM will be charged against the cash deposit for inspection required outside the hours of
8:00 a.m. to 4:00 p.m. at the current overtime rate, minimum one-hour charge.
13. SA TURDA Y INSPECTIONS must be arranged in advance. Saturday inspection time is charged at the current overtime
rate with a three-hour minimum.
14. Adequate signing and lighted BARRICADING is required on the job site. Failure to provide such signing and barricading
may result in the City's renting such signing and barricades and charging the cost (including all labor and materials) against the
cash deposit.
15. Compaction testing of subgrade, base rock, and asphalt concrete by Permittee is REQUIRED unless otherwise stated by the
City Engineer.
16. The Contractor or Permittee will have a SUPERVISORY REPRESENT A TIVE available for contact on the project at all
times during construction. Contractor or Permittee shall provide a phone number at which they can be contacted outside the
hours of 8:00 a.m. to 4:00 p.m.
17. This permit shall not be construed as authorization for excavation and grading on private property ADJACENT to the work
or any other work for which a separate permit may be required, nor does it relieve the Permittee of any obligation to obtain any
other permit required by law.
. Network Facilities Encroachment Permit
Page 3
18. This permit does NOT RELEASE the Permittee from any liabilities contained in other agreements or contracts with the
City and any other public agency.
19. This permit is NOT TRANSFERRABLE. Work must be performed by the Permittee or his designated agent or contractor
as specified thereon.
20. CALL BACK (call out) due to emergencies regarding this permit, shall be at the current overtime rate with a three (3) hour
minimum charge per occurrence.
21. Pursuant to Chapter 14.02 of the Campbell Municipal Code, applicant shall not cause to be discharged any material into the
municipal storm drain system other than storm water. Applicant shall adhere to the BEST MANAGEMENT PRACTICES
established by the Santa Clara Valley Nonpoint Source Pollution Control Program.
22. This permit is not valid for work in Public Service Easements, Public Utility Easements, or on Private Property. Contact
the Planning Department for any permits or approvals of work proposed in these areas.
23. Full depth of pavement (AC or PCC) shall be saw cut prior to excavation, except within two feet of any USA
markings indicating that facilities may be in the pavement section.
24. If sawcutting and/or excavation of the curb and gutter is required, the entire section (typically 10') of curb and gutter,
between existing scoremarks, SHALL be removed and replaced.
25. Boxes and/or pads SHALL BE installed entirely within or completely outside of the sidewalk, maintain at least 6"
between facilities and back of curb.
26. Completely remove all cabinets, splice boxes, concrete pads and/or foundations for all facilities to be abandoned;
replace all improvements such as asphalt paving, curb, gutter, sidewalk, irrigation systems and/or irrigation systems and/or
landscaping.
27. When pushing or tunneling, backfill with City of San Jose approved Controlled Density Fill (CDF).
28. Cable installed within public right-of-way shall be placed in conduit. Direct buried cable is not permitted.
29. Maintain access to all open businesses at all times.
30. All measures shall be taken to avoid damaging the newly placed median improvements on any street. If damage is
inevitable, the median must be repaired and restored to same or better condition; match existing landscaping and
improvements to satisfaction of City inspector.
31. NO underground or trenching work shall be permitted during the Holiday Season November 22, 1999 to January 3,
2000, unless otherwise approved by the City Engineer.
32. This permit is NOT VALID for any excavation that will be solely for the use of other utility companies (Pac Bell,
TCI and others). Other utility companies must obtain a separate Utility excavation permit for the installation (and
removal) of their facilities beyond the limits of the joint (occupied) trench.
33. The depth of service line(s), at the flow line of gutter, shall be not less than 24 inches.
34. Three days before the start of construction, the permittee and the contractor(s) shall attend a preconstruct ion meeting
with City staff, the contractor shall be prepared to present the proposed construction schedule, the names of suppliers for
PCC and AC, the number of crews committed to the project and the name and phone number of a local contact in case of
an emergency and, the contractor shall provide proof of possession of a City of San Jose business license.
35. Whenever excavation (trench wall) is between 3" and 24" of the lip of gutter, replace at least a 2" depth of existing
asphalt concrete (a.c.) between the excavation area and the lip of gutter. Remove existing a.c. by grinding to the lip of
gutter. Whenever excavation is within 3" of the lip of gutter, remove and replace the entire depth of a.c. between the
trench wall and the lip of gutter.
Network Facilities Encroachment Permit
Page 4
Notifications:
This permit is only valid when the party to whom the permit has been issued obtains an identification number from
Underground Service Alert (USA). Government code ~421O.1. No excavation may commence before such identification
number is obtained. City of Campbell will mark all City owned facilities. Permittee shall verify all existing locations of
City of Campbell underground facilities. All USA markings associated with this permit shall be removed by permittee as
soon as trench backfill restoration is completed.
NOTIFY THE CITY INSPECTOR AT (408) 866-2150 (when working in the public right-of-way):
> 24 hours prior to the start of construction.
> 24 hours prior to resuming work after 1 or more working days off the jobsite.
> As soon as possible if rescheduling or canceling work (after the 24-hour notice
has been given).
> 24 hours prior to completion of the last item of work, request "final
inspection"(final surface restoration).
WORK INSTALLED WITHOUT NOTIFICATION MAYBE REJECTED.
Notify the occupants of adjacent properties in writing 48 hours before start of work (door hanger is acceptable).
Construction shall be phased to cause the least impact to residents and businesses. Maintain property and driveway access
at all times.
In the event of an emergency or urgent closure, call (408) 866-2150.
The Permittee shall obtain, as necessary, all permits within other jurisdictions such as:
> Santa Clara Valley Transportation Authority (SCVT A)
> Santa Clara Valley Water District
> West Valley Sanitation District
Notify SCVT A/LRT Operations 48 hours prior to construction at bus stops or other Transportation Authority facilities:
> Bus stops - (408) 321-7054
Traffic Control
This permit is not valid until the City has reviewed a complete traffic control plan. The traffic control plans SHALL BE
SUBMITTED TO THE CITY AT LEAST 3 DAYS PRIOR TO START OF CONSTRUCTION. All traffic controls shall
conform to Section 12 of the City of Campbell Standard Specifications and Details, the Special Conditions of this Permit,
and the latest CAL TRANS "Manual of Traffic Controls for Construction and Maintenance Work Zones." All work shall
be planned and carried out to cause the least possible inconvenience to the public.
> If applicable, install "Tow-Away" or " No Parking, No Stopping" signs at least 24 hours in advance of starting
work. The messages on the signs shall include the dates and times of the required prohibition. A permit must be
obtained from the Department of Public Works (408) 866-2150.
> Construction equipment shall be parked in a manner, which produces the least hindrance to the traveling public.
Equipment will not be allowed to park in the City right-of-way after working hours.
> Provide an arrow board for EACH lane reduction as required for traffic including the saw cutting operation. NOT
more than one traffic lane in the same direction shall be closed at the same time.
> Maintain at least one lane, 12' minimum width, in each direction for vehicular use.
> Minimum traffic lane widths of 12' SHALL be maintained adjacent to work area(s).
> If any work is to be scheduled at night or on weekends, submit proposed days and hours of work to the City at
least 2 days prior to work.
> Provide for safe passage of pedestrians within the vicinity of the work areas.
Maintain a minimum 3' wide walkway around excavations in the sidewalk area. After working hours, cover the excavated
area with I 118" plywood stabilized with temporary Asphalt Concrete (A.C.) around the edges, or backfill and install 2" of
temporary A.C. to provide safe and comfortable passage.
. Network Facilities Encroachment Permi t
Page 5
Bore pit(s), potholes, trenches and other excavations within the traveled area shall be backfilled or steel plated (with a non-
skid surface) to accommodate vehicular traffic use after working hours or when the excavation is left unattended. Steel
plates in traffic lanes shall be countersunk flush with adjacent grade per the latest Caltrans specifications. Steel plates in
other areas shall be held in place by placing temporary AC around aU edges.
Trench Excavation, Backfill and Surface Restoration
AU longitudinal trenches shaU be located as shown on the attached plans.
To protect sanitary sewer laterals, contractor shall locate the cleanout and mark the lateral before excavating or boring.
Potholes and all trenches over 6" wide - shall be backfilled and the surface restored in accordance with the 1994 City of
Campbell Standard Specifications and Details and, either Method A or Method B as applicable, and the following:
> saw cut trench walls and potholes to the bottom of existing AC.
> grind existing AC a minimum of I" deep, at least 6" beyond each side of the trench walls, and if trench is within
12" of lip of gutter, then grind to lip of gutter; or
> saw cut and replace existing AC at least 6" beyond the side of the trench walls.
Rockwheel or narrow trenches 6" wide or less - If utilized for this project, the equipment shall have a mounted water tank,
an attached conveyor belt and shall be in good working condition at all times. Water supply to the rockwheel and for
cleaning the street, when necessary, shall be maintained and immediately available. The beginning and end of a narrow
trench shall be sawcut vertically.
The backfill material for narrow or rockwheel trenches (6" or less) shall consist of a Portland Cement Concrete (PCC) mix
conforming to Section 90 of the 1992 CSJ Standard Specifications. The proposed mix design shall be submitted to the City
for approval five (5) working days before use within the public right of way. Portland cement shall be Type II Modified,
and the content shall not be less than 376 pounds per cubic yard. The proposed mix design shall achieve, within two (2)
hours, minimum penetration strength of 200 psi when tested in accordance with ASTM C403. During construction for
field quality control the PCC mix shall reach minimum penetration strength of 400 psi as determined by a pocket
penetrometer. The proposed mix design shall be able to support motorcycle and/or bicycle traffic within two hours. The
mix shall also achieve 2000 psi compressive strength within twenty eight (28) days when tested in accordance with ASTM
C39. Hand vibrator(s) shall be used to consolidate the PCC backfill material. Concrete backfill shall be placed flush with
the surrounding pavement. Grind the top of the trench a minimum 18" wide by 1" deep and place surface AC per City
Specifications. Trench surface restoration shall be completed within five (5) days from the date of the backfill placement.
Directional Drilling or Boring - The permittee/contractor shall obtain approval from the City before the start of any
directional boring operation.
If these methods are utilized, all utility crossings in the proposed bore alignment shall be potholed and exposed to verify
depth prior to commencing with the boring operation. Potholes shall then remain open until the bore has passed the
exposed utility to verify that no damage has occurred.
The locations for directional boring equipment shaU be approved in advance by the City inspector.
All new conduits shall be placed between 18" and 48" deep in sidewalk areas, and between 24" and 48" deep in street
areas in a corridor 10- foot from the lip of gutter. Horizontal alignment of the new conduit shall be straight and no
deviation of more than 6" will be accepted unless revised permit drawings have been submitted and approved by the City.
Contractor shall mark the approved horizontal alignment before beginning boring operations. Contractor shall mark the
progress and depth of the bore at 20' intervals by applying a paint dot to the ground in the same color scheme as used for
Underground Service Alert. Deviations from the approved plans shall be corrected immediately to get the bore back to the
approved alignment and depth.
Long sweeping bends shall not be used when making a 90-degree turn. Work within the end-of-returns of each street
corner or within cul-de-sacs shall be coordinated with the City inspector.
Sand is permitted as a pipe shade (4"max.) only and not as a backfill material.
. Network Facilities Encroachment Permi t
Page 6
If a street has been recently chip sealed, the surface of the new trench or pothole shall also be chip sealed to match existing
in texture and appearance. Excess chip seal material shall be removed within 24 hours after it is placed.
The permittee is obligated under this permit to maintain and repair all pavement and sidewalk sections in the City's
right-of-way damaged due to the installation of the above-described facilities. Repairs shall be made according to the most
recent City of Campbell Standard Details and Specifications. Replace all improvements such as asphalt paving, curb,
gutter, sidewalk, electrical facilities, irrigation systems or landscaping damaged in the performance of the work. When
requested by the permittee, the inspector will inspect the site prior to starting work and confirm pre-existing conditions
identified/marked by the permittee or the contractor; otherwise, the permittee/contractor is responsible for the replacement
of any damaged City facilities within the immediate work area. Replacement of damaged electrical and irrigation systems
shall occur within 48 hours and be coordinated with the City Inspector.
Saw-cut through all PCC (curb, gutter, sidewalk, etc.) to be removed. Remove to the nearest mechanical joint or score
marks. Remove and replace complete squares and score new sidewalks to match existing. When trenching within the
sidewalk, remove and replace a strip of concrete at least 3' wide (it shall extend to the next score mark). Concrete curb,
gutter, and sidewalk shall be constructed in accordance with the most recent City of Campbell Standard Specifications and
Details. In areas where the sidewalk has been constructed partially with granite or decorative tiles, the permittee shall
place all splice boxes at grade and within the un-tiled area. All new pull boxes placed by permittee shall be located within
4.5 feet of the face of curb and shall match the existing surface in texture and appearance.
If a PCC street section is encountered, notify the City inspector immediately. When trenching is within a PCC street
section, the following steps must be taken:
> Saw cut neatly through the existing PCC section.
> Backfill trench in accordance with City of Campbell - Method A
> To resurface the trench, the contractor shall first dowel into the existing PCC section and than pour the new PCC
in accordance with City standard specifications.
> If the existing PCC section is covered with A.C pavement, the contractor shall match the existing A.C. section
minus 1" from the surface, grind 6" wide area on each side of the trench, 1" deep and then repave.
> Rockwheel trenching is not permitted in PCC paved streets.
> Route trenches around concrete bus pads. No excavation is permitted within a PCC bus pad.
The locations of all above ground structures (cabinets, pedestals, etc.) shall be field verified with the City inspector prior
to installation.
The work site is to be maintained in a safe condition at all times. Attention is directed to Sections 7-1.08,7-1.09 and 7-
1.122 of the City of Campbell Standard Specifications regarding public safety, convenience and responsibility for damage.
Any new retaining walls shall be constructed with reinforced concrete unless approved by the City. Contractor shall
submit details to the City for approval prior to construction.
The City of Campbell Municipal Code and the California State Fish and Game Code prohibit contractors from disposing
dirt & other debris into public storm drain system.
Construction equipment and/or materials SHALL NOT be parked, stored, or stockpiled in public right of way; except
within designated work areas during regular work hours. If a feasible storage area cannot be identified, the City will
consider specific requests submitted by the permittee/contractor.
No tree within the public right-of-way may be removed or trimmed without prior written authorization from the
Department of Public Works - Service Center. Call (408) 866-2749.
If City facilities (electrical, water, storm or sanitary sewer, etc.) are accidentally damaged, immediately notify the City
inspector or their supervisor. If determined to be the contractor's fault, employ the appropriate licensed contractor to
make repairs at no cost to the City. Temporary repairs to damaged facilities shall be made immediately. Final repairs
shall be made as soon as possible, but no later than three days from the date of damage.
Above Ground Facilities
a. Above ground telecommunication facilities are prohibited on private property unless specifically authorized or exempted
. Network Facilities Encroachment Permit Page 7
by the City Engineer. No above ground facilities shall be located in the sidewalk or street right of way without the prior
approval of the City Engineer.
b. All facilities shall be designed to minimize the visual impact by means of placement, screening, and camouflage, to be
compatible with existing architectural elements, building materials, and other site characteristics. The applicant shall use
the smallest and least visible above ground structure to accomplish the owner/operator coverage objectives.
c. Satellite dish or parabolic antennas shall be situated as close to the ground as possible to reduce visual impact. No such
antenna or dish shall be located in any front yard, nor in a corner side yard unless the antenna or dish is screened from
pedestrian-level view.
d. All facilities shall be designed so as to be resistant to minimize unauthorized access, climbing, vandalism, graffiti, and other
conditions which would result in hazardous conditions, visual blight, or attractive nuisances.
e. All antennas, monopoles and lattice towers shall be designed at the minimum functional height and width.
f. The City shall retain the authority to limit the number of antennas with related equipment and providers to be located at any
site and adjacent sites in order to prevent negative visual impact associated with multiple facilities.
g. Landscaping, including shrubs and trees shall be used, when possible, to block the line of sight between the facilities and
adjacent residentially zoned properties.
h. Freestanding facilities, such as towers, lattice towers, and monopoles, shall be restricted to a maximum height of sixty-five
feet when located adjacent to residentially zoned properties. Facilities shall be setback at a ratio of two horizontal feet for every
foot in height. The facility shall not be readily visible to the nearest residentially zoned property.
i. All above ground telecommunication facilities shall comply at all times with the following operation and maintenance
standards:
(1) All facilities and related equipment, including lighting, fences, shields, cabinets, and poles, shall be maintained in
good repair, free from trash, debris, litter and graffiti and other forms of vandalism, and any damage from any cause shall
be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. Graffiti
shall be removed from any facility or equipment as soon as practicable, and in no instance more than forty-eight hours
from the time of notification by the city.
(2) Each facility which contains trees, foliage or other landscaping elements, whether or not used as screening, shall be
maintained in good condition at all times, and the owner or operator of the facility shall be responsible for replacing any
damaged, dead or decayed landscaping as promptly as reasonably possible.
(3) Each facility for which a landscape plan was required and approved shall maintain the facility and site in accordance
with the approved landscape plan at all times. Amendments or modifications to the plan shall be submitted for approval to
the City Engineer.
(4) Each facility shall be operated in such a manner so as to minimize any possible disruption caused by noise. Backup
generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or
between the hours of ten p.m. and seven a.m. on weekday nights. At no time shall equipment noise from any source
exceed an exterior noise level of sixty dB at the property line.
j. All above ground telecommunication facilities shall, at all times, comply with all applicable requirements of the Uniform
Building Code in effect on the date this Encroachment Permit is issued. Thereafter, the City may require the facility to be
upgraded to meet then-current requirements if it is deemed necessary to protect the public health, safety and welfare.
Applicant shall be responsible for ensuring that all those providing services under the applicant are aware of and
understand all of the above conditions and requirements.
Applicant/Permittee
Date
J: \forms\fiber optic encpermit
. Network Facilities Encroachment Permit
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