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<br /> a STATE OF CALIFORNIA,DEPARTMEl1T'OF TRANSPORTATION traveling public in compliance with the Manual of Traffic Con
<br /> :,ENCROACHMENT
<br /> :,ENCROACHMENT PERMIT GENERAL PROVISIONS Instructions to Flaggers Pamphlet';-
<br /> TR-0045 (REV. 10/99) 16. STORAGE OF EQUIPMENT AND MATERIALS: Equipment and
<br /> -1.AUTHORITY: The Department's authority to issue encroachment permits material storage in State right of way shall ;comply with Standard
<br /> ver the
<br /> is provided under,Div. 1,Chpl.3,Art 1,Sect.660 to 734 of the Streets and Spemmtec places an ob rstacle within and
<br /> 63 Special
<br /> 123 Provisions.
<br /> et of the traveled emy,the
<br /> Highways Code. permittee shall place temporary railing(Type K).
<br /> 2.REVOCATION:Encroachment permits are revocable on five days notice
<br /> unless otherwise slated on the permit and except as provided by law for 17. CARE OF DRAINAGE:Permittee shall provide attemate drainage for any
<br /> public corporations, franchise holders,
<br /> and utilities. These General work interfering with an existing drainage facility.in compliance with the
<br /> Provisions and the Encroachment Permit Utility Provisions are subject to Standard Specifications, Standard Plans and/or as directed by the
<br /> modification or abrogation at any time. Permittees'joint use agreements, Depanment's representative. I;
<br /> franchise rights, reserved rights'or any other agreements for operating I�
<br /> purposes in Slate highway right of way are exception to this revocation. 18. RESTORATION AND REPAIRS IN RIGHT IOF WAY: Permittee is
<br /> responsible for restoration and repair of State highway right of way resulting
<br /> 3.DENIAL FOR NONPAYMENT OF FEES: Failure to pay permit fees from permitted work (State Streets and Highways Code, Sections 670 et
<br /> when due can result in rejection of future applications and denial of permits. seq.).
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<br /> 4.ASSIGNMENT:No party other than the permittee or permittee's authorized 19. RIGHT OF WAY CLEAN UP: Upon completion of work,permittee dull
<br /> ager is allowed to work under this permit remove and dispose of all soaps,brush,timber,materials,etc. off the right
<br /> of way.The aesthetics of the highway shall be sa it was before work darted.
<br /> S ACCEPTANCE OF PROVISIONS: Pmnittee understands and agrees to -
<br /> accept these General Provisions and all attachments to this permit,for any 20. COST OF WORK: Unless allted in the permit, or a separate written
<br /> work to be performed underthis permit - agreement,the permittee shall bear all costa incurred for work within the
<br /> Slate right of way and waives all claims for indemnification or contribution
<br /> 6. BEGINNING OF WORK:When traffic is not impacted(see Number 35), from the State. If
<br /> the pa nultee shall notify the Department's representative, two (2) days I
<br /> before the intent to start permitted work. Permittee shall notify the 21. ACTUAL COST BILLING:When specified in the permit,the Department
<br /> Department's Representative if the work is to be interrupted for a period of will bill the permittee actual costs at the currently ad hourly rate for
<br /> five (5) days or more, unless otherwise agreed upon. All work shall be encroachment permits.
<br /> performed on weekda s during regular work hours, excluding holidays,
<br /> unless otherwise spool led in this permit. . 22. AS-BUILT PLANS: When required,permittee shall submit one(1)set of
<br /> as-built plans in compliance with Department's requirements. Plans shall be
<br /> 1.STANDARDS OF CONSTRUCTION: All work performed within submitted within thirty(30)days after completion and approval of work.
<br /> highway right of way shall conform to recognized construction standards and 'i
<br /> current Department--Stallard Specifications, Department Standard Plans As-Built plans or accompanying correspondence shall not include disclaimer
<br /> High and Low Risk Facility Specifications,and Utility Special Provisions. statements of any kind. Such statements shall constitute non-contppBance
<br /> Where reference is made to"Contractor and Engineer,"these are amended to with these provisions.Failure to provide complete and signed As 19 plans �
<br /> be read as"Permittee and Department representative." shall be cause for bond or deposit retention by the, epartment
<br /> &PLAN CHANGES:Changes to plans,specifications,and permit provisions 23. PERMITS.FOR RECORD PURPOSES ONLY:When work in the right
<br /> are riot allowed without pricy approval from the State representative. of way is within an area under a Joint Use Agreement(JUA)or a Consent to
<br /> Common Use Agreement(CCUA), a fee exempt permit is issued to the
<br /> 9. INSPECTION AND APPROVAL: All work is subject to monitoring and permittee for the purpose of providing anotice and record of work. The
<br /> inspection Upon completion of work, permittce shall request a final Permittee's prior rights shall be preserved without the intention of creating
<br /> inspection for acceptance and approval by the Department.The local agency new or different rights or obligations. "Notice.and Record Purposes Only"
<br /> permittee shall net give final construction approval to its contractor until shall be stamped across the face ofthe permit
<br /> final acceptance and approval by the Department is obtained. - I
<br /> 24. BONDING:The permittee shall file bond(s),in advance; in the amount set
<br /> 10. PERMIT AT WORKSITE: Permittee shall keep the permit package or a by the Department.Failure to maintain boodle)in full force and effect will
<br /> copy thereof,at the work site and show it upon request to any Department result in the Department stopping of all work and revoking pertnit(s).Bonds
<br /> representative or law enforcement officer.If the permit package is not kept arc not required of public corporations m privately owned utilities, unless
<br /> and made available at the work sits,the work shall be suspended. permittee failed to comply with the provision and conditions under a prior
<br /> permit The surety company is responsible for any latent defects as provided
<br /> 11. CONFLICTING ENCROACHMENTS: Permince shall yield star of in California Code of Civil Procedures, Section 337.15. Local agency
<br /> work to ongoing,prior authorized,work adjacent to or within the limits of permittec.shall comply with requirements established as follows: In
<br /> the project site. When existing encroachments conflict with new work,the recognition that project construction work time on State property will net be
<br /> permittee shall bear all cost for rearrangements,(e.g.,relocation,alteration, directly funded and paid by State,for the purpose of protecting stop notice
<br /> removal etc) claimants and the interests of State relative to successful project completion,
<br /> the ton[ agency permittee agrees to require the construction contractor
<br /> 12. PERMITS FROM OTHER AGENCIES:This permit is invalidated if the furnish both a payment andQetforma ice bond ih the local agency's name
<br /> pernince has not obtained all permits necessary and required by law,from with bath bonds complying with the requirements set forth in Section 3-1.02
<br /> the Public Utilities Commission of the State of California(PUC),Califaria of State's current Standard Specifications before performing any project
<br /> sbn
<br /> Occupational Safety and Health Administration(Cal-OSHA), or any other conction work.The local agency permittee shall defend,indemnify,and
<br /> public agency havmgjurisdidion. .hold harmless the State, its officers and employees froth all pproro. is
<br /> construction related claims by contractors and all stop notice or meettamc's
<br /> 13. PEDESTRIAN AND BICYCLIST SAFETY: A safe minimum lien claimants. The local agency also agrees to remedy,in a timely manna
<br /> passageway of 1.21 motor(4)shall be maintained through the work area at and to State's satisfaction, any latent defects occurring as a result of the
<br /> existing pedestrian or bicycle facilities. At no time shall pedestrians be project construction work .I
<br /> diverted onto a portion of the drool used for vehicular traffic. At location - 'l
<br /> where safe alternate passageways cannot he provided,appropriate signs and 2S. FUTURE MOVING OF INSTALLATIONS: Permittee understands and
<br /> barricades shall be installed at the limits of construction and in advance of agrees to rears mge a permitted installation upon'request by the Department,
<br /> the limits of construction at the rarest crosswalk or intersection to detour for State construction,reconstruction,or maintenance work on the highway.
<br /> pedestrians to facilities across the street The permittee at his sole expense,unless under a prim agree m nt,:JUA,or a
<br /> CCUA,shall comply with said request i,
<br /> 14. PUBLIC TRAFFIC CONTROL: As required by law,the permittee shall 11
<br /> provide traffic control protection warning signs, lights, safety devices, etc., 26. ARCHAEOLOCICAIJHISTORICAL:If any'archacologirsl a historical
<br /> and take all other measures necessary for traveling public's safety. Day and resources are revealed in the work vicinity,the permittee shall immediately
<br /> night time lane closures shall comply with the Manuals of Traffic Controls, stop work, notify the Department's raprosenfative, retain a qualified
<br /> Standard Plans, and Standard Specifications for traffic control systems. archaeologid who shall evaluate the site,and make recommendations to the
<br /> These General Provisions are,not intended to impose upon the permittee,by Department representative regarding the continuance of win&
<br /> third parties,any duty or standard of ears greater than or different from,as - I'
<br /> required by law. 27. PREVAILING WAGES: Work performed by or under a permit may
<br /> require pennittee's contractors and subcontractors to pay appropriate
<br /> 15. MINIMUM INTERFERENCE WITH TRAFFIC: Permittee shall plan prevailing wages as set by the Department of Industrial Relations.Inquiries
<br /> and conduct work so as to score the lead possible inconvenience to the - or requests Car interpretations relative to enforcement of prevailing wage
<br /> traveling public,traffic shall not be unreasonably delayed. On conventional requirements are directed to State of California Department of Industrial
<br /> highways,permittee shall place properly attired Daggers)to atop or war the Relations,525 Golden Gate Avenue,San Francisco,California 94102.
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