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STATE OF CALIFORNIA,DEPARTMENT Of TRANSPORTATION <br /> ENCROACHMENT PERMIT GENERAL PROVISIONS <br /> TR-0045 (REV.05/2007) <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. I,Cltpt.3,Art. 1,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. 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 4'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 pedestrians be <br /> General Provisions and the Encroachment Permit Utility Provisions diverted onto a portion of the street used for vehicular traffic. At <br /> arc 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 way 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 /> of permits. 14. PUBLIC TRAFFIC CONTROL:As required by law,the permittee <br /> shall provide traffic control protection warning signs, lights, safety <br /> 4. ASSIGNMENT: No party other than the permittee or permittec'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. <br /> ncluding5. 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. BEGINNING OF WORK: When traffic is not impacted (see Day and night time lane closures shall comply with the California <br /> Number 35), the permittee shall notify the Department's Manual on 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. MINIMUM INTERFERENCE WITH 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 warn the traveling public in compliance with the <br /> Department Standard Plans High and Low Risk Facility California Manual on Uniform Traffic Control Devices(Chapter 6E, <br /> Specifications, and Utility Special Provisions. Where reference is Flagger Control). <br /> made to"Contractor and Engineer,"these are amended to be read as <br /> "Permittee and Department representative." 16. STORAGE OF EQUIPMENT AND MATERIALS: The storage of <br /> approval <br /> equipment or materials is not allowed within State highway right-of- <br /> 8. • PLAN CHANGES: Changes to plans, specifications, and permit way, unless specified within the Special Provisions of this specific <br /> provisions are not allowed without prior aapproval 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, and the Highway <br /> request a final inspection for acceptance and 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. PERMIT 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 request to any made yielding,it should be shielded by a guardrail ora crash cushion. <br /> Department representative or law enforcement officer. If the permit <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 /> compliance with the Standard Specifications.Standard Plans and/or as <br /> 11. CONFLICTING ENCROACHMENTS: Permittee shall yield slam <br /> directed by the Department's representative. <br /> of work to ongoing,prior authorized,work adjacent to or within the <br /> limits of the project site. When existing encroachments conflict with 18. RESTORATION AND REPAIRS IN RIGHT OF WAY:Permittee <br /> new wort:, the permittee shall bear all cost for rearrangements.(e.g.. is responsible for restoration and repair of Slate highway right of way <br /> relocation,alteration,removal,etc.). resulting from permitted work (Slate 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 <br />