When a project is conditioned to make improvements within the County right-of-way, or to construct roads which will be maintained by the County, either an encroachment permit or Road Improvement Agreement (RIA) is required prior to the beginning of work. Encroachment permits are only required for work on County-maintained roads, and are utilized on road work with an estimated cost of up to $250,000 (see County Code Section 120.08.155.A). Work within the County right of way which exceeds $250,000 require an RIA, which includes additional security (bond) requirements.
Any work on current or future County-maintained roads are considered public works and are subject to the following requirements:
- All workers must be paid prevailing wage (either State or Federal, whichever is higher), maintain certified payroll, and submit records to the Department of Industrial Relations (DIR). While these records do not need to be submitted to the County (except as part of a request for reimbursement), they must be available for inspection as required and are subject to disclosure under the California Public Records Act.
- Contractors must follow California Air Resources Board (CARB) requirements for off-road diesel vehicle emissions (13 CCR section 2449).
- The project owner or developer must provide securities in the form of a Performance Bond and Laborers & Materialsmen Bond, each in the amount of the total estimated project cost.
Samples of past RIAs can be found in Legistar. Prior to April 2024, all RIAs were submitted to the Board of Supervisors for approval. With the adoption of Ordinance 5194, effective April 4, 2024, the Director of Transportation is delegated the authority to approve RIAs for projects up to $1,000,000, with an report provided to the Board reflecting actions taken during the previous Fiscal Year. RIAs for projects over $1,000,000 still require Board approval, along with any amendment thereto or acceptance thereof.