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Encroachment Agreement SF 399 B

SESD SF 399 B Approval Form

This form will be filled out by SESD and sent to the applicant.

A.       ALL applications will be subject to a fifteen (15) business day waiting period after application has been submitted.

B.       No work can begin until this agreement has been approved by the District

C.       This agreement is District approval only. The applicant is responsible for obtaining clearances, authorizations, or agreements, permits from railroads, private property owners, other utility owners, and other government agencies as may also be required. Applicant is required to consult with all other utility companies, within the project area, prior to the start of the encroachment. In granting this agreement to encroach upon the District’s easements or rights-of-way, the District makes no representation as to the location of other utility facilities within the work area, or the effect of the permitted encroachment on the said other utilities. In addition, no authorization is given or inferred by this agreement to allow access onto private property. Owner’s written permission is required to be attached to the agreement application, if a work plan includes access onto private property, including private lanes.

D.      By the accepting this agreement, the applicant acknowledges the hazardous nature of conducting activities within a right-of-way and assumes full responsibility in the event of an accident or other incident involving death, injury, or damages to any party resulting from the applicant's authorized use of a right-of-way.

E.       Applicant is responsible for all encroachment and inspection fees associated with this agreement.

F.       All work must be completed by 12:00 PM prior to any state-recognized legal Holiday and shall not commence until 9:00 AM on the following work day unless otherwise approved.

G.      Minimal vertical clearances from installed overhead lines are 32 feet for crossings and longitudinal installations, and 34 feet for intersections. In addition, the vertical clearance for overhead lines above a street or highway, and the vertical and lateral clearance from bridges and above ground District facilities shall meet or exceed the current edition of the National Electrical Safety Code or District standards, whichever is more stringent. Where “Owned by others” overhead or underground electrical lines or facilities cross District above ground facilities, including but not limited to: pad transformers, pad switchgear, traffic signal heads, poles, and mast arms; vertical and lateral clearance shall meet OSHA working clearances for electrical lines in effect at the time of the installation which will accommodate maintenance work by District personnel without having to discharge or shield the lines. The District may require additional clearances based upon the application.

H.      Minimal horizontal clearances from existing overhead electrical lines & poles will be no less than 20 feet from the pole unless otherwise approved.

I.         In consideration for the granting of an encroachment license by the District, the above noted applicant hereby promises (1) to perform the encroachment in a professional manner, in conformance with the ordinances of the Districts, local cities, or Utah County, and (2) to hold harmless the District, its officers, agents, employees or servants from all other costs, damages and liabilities that may accrue or be claimed to accrue by reason of any work performed under an agreement issued, pursuant to this application.


K.       Max agreement duration = 30 Days

a.       Extensions by written Requests


M.     By performing the activities authorized by this agreement, the applicant agrees to strictly comply with all agreement terms, conditions, and limitations (TC&L's), including any attachments submitted with the application.

N.      Failure to abide by all agreement TC&L's, or any term set forth by this agreement, is grounds for immediate verbal stop work order, written stop work order, agreement revocation, the restriction of future agreements, or other legal or equitable remedies.

O.      In the event work is commenced under this agreement and the applicant fails or refuses to complete the work, including performing substandard work, the District may, at its discretion, order the applicant to stop work and the District may correct any deficiencies or otherwise complete the permitted work at the expense of the applicant.

P.       Upon the receipt of an invoice for any costs, including all inspection costs, incurred by the District, the applicant shall immediately pay the amount due.

Q.      If an action is required to be filed in court to collect the amount due, the applicant shall be liable for District's costs and fees, including attorney fees.

R.       The applicant will strictly comply with the traffic control standards and warn the public of said work within rights-of-way to protect the traveling public and all personnel authorized within the permitted work zone. When traffic control is required, the applicant will not pre-stage any vehicles, equipment, personnel, or materials within any portion of District’s easement or right-of-way until the required traffic control is in place.

S.       By accepting this agreement, the applicant shall defend, indemnify, and hold harmless the District, its employees, consultants, contractors, agents, from all damages or claims, including attorney fees, arising out of the work performed under this agreement by applicant, applicant's employees, agents, consultants, contractors, or subcontractors.

SESD Approval Section

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