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DEPAKi7rtENT OF TRANSPOFrrA'nON ENCROACHMENT PERhUT GENERAL PROVISIONS DM-M P 1018 IRev.1/891 1. Anthorlty- Each Encroachment Per- 9. Connieting Permlta If a prior Utilities are subject to the provisions of mit Is Issued In accordance with Chap- encroachment conflicts with the pro- Section 22512 of the California Vehicle ter 3 of Division 1. commencing with posed work the new permittee must Code ICVC). Section 660.et seq.,of the Streets and arrange for any necessary removal 15. Care of Drainage: If the work contem- Highways Code(SHCI. or relocation with the prior permittee. plated in any Encroachment Permit 2. Revocation: Except as otherwise pro- Any such removal or relocation will be shall Interfere with the established vided for public corporations. fran- at no expense to the Department. drainage, ample provision shall chise holders, and utilities. En- 10. Parmlts From Other Agencl The be made by the permittee to provide croachment Permits are revocable on party or parties to whom a permit is for it as may be directed by the five(5)days notice.These General Pro- issued shall.whenever required by law. Department vision& Utility Maintenance Pro- secure the written authorization for 16. MahingRepalre: Ineverycasctheper- visions and any Encroachment Permit any work that must be approved by the mlttee shall be responsible for restor- issued hereunder are revocable or sub- Public Utilities Commission (PUC) of ing to Its former condition as nearly as ject to modification or abrogation at the State of California. CAI.OSHA or may be possible any portion of the any time. without prejudice. however. any other public agency having juris- State highway facility which has been to prior right&including those eviden- diction.Failure to comply with the law. excavated or otherwise disturbed by ced by joint use agreement&franchise as noted above. will Invalidate the - permittee. The permittee shall main- right& reserved right& or any other Department's permit. tain the surface over facilities placed agreements for operating purposes in ii. Provisions for Pedestrians: Where under any permit.if the highway Is not the State highway right-of-way. facilities exist, a minimum sidewalk restored as herein provided for.or If the 3. Responsible Party- No party other and bikepath width of four feet (41 Department elects to make repairs, than the named permittee or their shall be maintained at all times forsafe permittee agrees by acceptance of per- agent is authorized to work under passage through the work area.At no mit to bear the cost thereof. any permit timeshall pedestrians bedtverted onto 17. Permits for Record Only: If occupa- 4. Acceptance of Provision= It is a portion of the street used for tion of highway right-of-way is under understood and agreed by the permit- vehicular traffic At locations where joint use agreement or under prior tee that the doing of any work under adjacent alternate walkways cannot be easement.Encroachment Permits will this permit shall constitute an accep- provided appropriate signs and be issued to the permittee for the pur- tance of the provisions of this permit barricades shall be installed at the pose of providing the Department with and all attachment& limits of construction and in advance notice and a record of work The permit 5. Notice Prior to Stating Worlr Before of the closure at the nearest crosswalk will also specify the current terms and starting work under the Encroach- or intersection to divert pedestrians conditions relating to public safety.No ment Permit the permittee shall notify across the street new or different rights or obligations the designated Department represen- 12. Protection of Tragic Adequate pro- are intended to be created by the tative two(2)working days prior to ini- visions shall be made for the protection permit in such cases and all such prior tial start of work When work has been of the traveling public Warning sign& rights shall be fully protected. interrupted for more than five(5)work- lights and safety devices and other Encroachment Permits Issued in such ing days. an additional 24-hour measures required for the public cases shall have designated across the notification is required before restart- safety, shall conform to the require- face thereot "Notice and Record ing work unless a pre-arranged agree- ments of the Manual of Traffic Purposes Only'.(District Office ofRight ment has been made with the Controls issued by the Department of Way must give approval for this Department's representative. Unless Traffic control for day or nighttime designation.) otherwise specified. all work shall be lane closures shall be in conformance 18. Clean Up Rigbt�_of-WaT upon com- performed on weekdays and during with Department Standard Plans for pletion of the work all brush timber. normal working hours of the Depart- Traffic Control Systems.Nothing in the scrap& material. etc, shall be entirely m.-it's representative. permit is intended.as to third parties, removed and the right-of-way shall be 6. Stnudards of Construction: All work to impose on permittee any duty. or left In as presentable a condition as performed within the highway shall standard of care. greater than or dif- existed before work started. conform to recognized standards of ferent than the duty orstandard ofcare 19. CootofWorlc Unless otherwise stated construction and the current Depart- imposed by law. on the permit or other separate writ ten ment Standard Specification& Stan- 13. 1F31almnm Interference with Traf- agreement all costs incurred for work dard Plans and Manual on High and flc All work shall be planned and car- withing the State right-of-way pur- Low Risk Facilities Within Highway ried out so that there will be the least suant to this Encroachment Permit Rights-of-Way and any Special Pro- possible inconvenience to the travel- shall be borne by the permittee. and visions relating thereto. ing public The permittee Is authorized permittee hereby waives all claims for 7. Inspection and Approval by the to place properly attired flaggerts) to indemnification or contribution from Department: All work shall be subject stop and warn conventional highway the State for such work to monitoring inspection. and traffic Traffic shall not be unreason- 20. Actual Coat DMinly When the permit- approval by the Department The per- ably delayed.Flagging procedures shall tee is to be billed actual costs (as mlttee shall request a final inspection be in conformance with the Instruc- indicated on the face of the permit). and acceptance of the work tions to Flaggers pamphlet and/or such costs will be at the current hourly 8. Seep Permit on the Work Stte: The Manual of Traffic Controls for rate established by the Department for Encroachment Permit or a copy Construction and Maintenance Work Encroachment Permits. thereof shall be kept at the site of the Zones issued by the Department 21. Submit Play For installation of all work and must be shown to any rep- 14. Storage of Equipment and Materials: underground facilities and all surface resentative of the Department or any The permittee shall install temporary work or other activity of consequence law enforcement officer on demand ralling(Type M between any lane carry- the permittee shall furnish five(5)sets WORK SHALL BE SUSPENDED IF ing public traffic and any obstacle. of plans showing location and con- PERMIT 1S NOT AT JOB SITE AS material stored or equipment parked struction or other activity with Its PROVIDED. within twelve feet (IT) of the lana application. Thirty (30) days after