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4. STATE OF CALIFORN A,DEPARTMENT OF TRANSPORTATION
<br /> ENCROACHMENT PERINUT GENERAL PROVISIONS
<br /> TR-0045 (REV.MOW)
<br /> 1. AUTHORITY: The Department's authority to issue encroachment law, from the Public Utilities Commission of the State of California
<br /> permits is provided under,Div. 1,Chpt 3,Art. I,Sect.660 to 734 of (PUC), California Occupational Safety and Health Administration
<br /> the Streets and Highways Code. (Cal-OSHA),or any other public agency having jurisdiction-
<br /> 2.
<br /> urisdiction2. REVOCATION:Encroachment permits are revocable on five days 13. PEDESTRIAN AND BICYCLIST .SAFETY: A safe minimum
<br /> notice unless otherwise stated on the permit and except as provided by passageway of V shall be maintained through the work area at existing
<br /> law for public corporations, franchise holders, and utilities, These pedestrian or bicycle facilities..At no time. shall pedestriansbe
<br /> General Provisions and the Encroachment Permit Utility Provisions diverted onto a portion of the street used for vehicular traffic. At
<br /> are subject to modification or abrogation at any time.Permittees'joint locations where safe alternate passageways cannot be .provided,
<br /> use agreements, franchise rights, reserved rights or any other appropriate signs and barricades shall be installed at the limits of.
<br /> agreements for operating purposes in State highway right of Nvay are construction and in advance of the limits of construction at the nearest
<br /> exceptions to this revocation crosswalk or intersection to detour pedestrians to facilities across the
<br /> street. Attention is directed to Section 7-1.09 Public Safety of the
<br /> 3. DENIAL FOR NONPAYMENT OF FEES: Failure to pay permit Department Standard Specifications.
<br /> fees when due can result in rejection of future applications and denial
<br /> ofpermits. 14. PUBLIC TRAFFIC CONTROL:As required by law,the permittee
<br /> shall provide traffic control protection warning signs, ligbts, safety
<br /> 4. ASSIGNMENT: No party other.than the permittee or permittee's devices, etc., and take all other measures.necessary for traveling
<br /> authorized agent is allowed to work under this permit public's safety,While providing traffic control,the needs and control
<br /> of all road users [motorists, bicyclists and pedestrians, including
<br /> 5. ACCEPTANCE OF PROVISIONS: Permittee understands and persons with disabilities in accordance with the Americans with
<br /> agrees to accept these.General Provisions and all attachments to this Disabilities Act of 1990(ADA)]shall be an essential part of the work
<br /> permit,for any work to be performed under this permit. activity.
<br /> 6. BEGILNN., LNG, OF WORK When traffic is not impacted (see Day and night time lane closures shall comply with the California
<br /> I 35), the permittee shall notify the Department's Manua[ an Uniform Traffic Control Devices (Part 6, Temporary
<br /> representative,two(2)days before the intent to start permitted work. Traffic Control), Standard Plans, and Standard Specifications for
<br /> Permittee shall notify the Department's Representative if the work is traffic control systems.These General Provisions are not intended to
<br /> to be interrupted for a period of five (5) days or more, unless impose upon the permittee,by third parties,any duty or standard of
<br /> otherwise agreed upon. All work shall be performed on weekdays care,greater than or different from,as required by law.
<br /> during regular work hours, excluding holidays, unless otherwise
<br /> specified in this permit. 15. MINIMUNI INTERFERENCE NS'ITH TRAFFIC:.Permittee shall
<br /> plan and conduct work so as to create the least possible inconvenience
<br /> 7. STANDARDS OF CONSTRUCTION:All work performed within to the traveling public;traffic shall not be unreasonably delayed.On
<br /> highway right of way shall conform to recognized construction conventional highways, permittee shall place properly attired
<br /> standards and . current Department Standard Specifications, flagger(s)to stop or wam the traveling public in compliance with the
<br /> Department StandardPlans High and Low Risk Facility California Manual on,Uniform Traffic Control Devices(Chapter 6E,
<br /> Specifications, and Utility Special Provisions. Where reference is FlaggerControl).
<br /> made to"Contractor and Engineer,"these are amended to be read as
<br /> "Permittee and Department representative." 16. STORAGE OF EQUIPMENT AND MATERIALS: ^rhe storage of
<br /> equipment or materials is not allowed within State highway right-of-
<br /> 8. PLAN CHANGES: Changes to plans, specifications, and permit wad; unless specified within the Special Provisions of this specific
<br /> provisions are not allowed without prior approval from the State ,
<br /> representative. encroachment permit If Encroachment Permit Special Provisions allow
<br /> for the storage of equipment or materials within the State right of way,
<br /> 9. INSPECTION AND APPROVAL: All work is subject to the equipment and material storage shall comply with Standard
<br /> monitoring and inspection. Upon completion of work,permittee shall Specifications, Standard Plans, Special Provisions, add the Highway
<br /> request a Inial inspection for acceptance acid approval by the Design Manual. The clear recovery zone widths must be followed and
<br /> Department The local agency permittee shall not give final
<br /> construction approval to its contractor until final acceptance and - are the minimum desirable for the type of facility indicated below:
<br /> approval by the Department is obtained. freeways and expressways-30',conventional highways(no curbs)-20',
<br /> conventional highways(with curbs)—1.5'. if a fixed object cannot be
<br /> 10. PER,%IIT AT WORKSITE:Permittee shall keep the permit package eliminated, moved outside the clear recovery zone, or modified to be
<br /> or a copy thereof, at the work site and show it upon tequest to any
<br /> Department representative or law enforcement officer. If the permit made yielding,it should be shielded by a guardrail or acrash cushion.
<br /> package is not kept and made available at the work site,the work shall 17. CARE OF DRAINAGE:Permittee shall provide alternate drainage
<br /> be suspended. for any work interfering with an existing drainage facility in
<br /> 11. CONFLICTING ENCROACHMENTS-. Permittee shall yield start compliance with the Standard Specifications,Standard Plans and/or as
<br /> of work to ongoing,prior authorized, work adjacent to or within the directed by the Department's representative.
<br /> limits of the project site.When existing encroachments conflict with I8. RESTORATION AND REPAIRS I it RIGHT OF SVAY:Permittee
<br /> new work, the permittee shall bear all cost for rearrangements,(e.g., is responsible for restoration and repair of State highway right of way
<br /> relocation,alteration,removal,etc.). resulting from permitted work (State Streets and Highways Code,
<br /> 12.- PERMITS FROM OTHER AGENCIES:This permit is invalidated Sections 670 et seq.).
<br /> if the permittee has not obtained all permits necessary and required by
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