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<br /> STATE OF CALIFORNIA,DEPARTMENT OF TRANSPORTATION traveling public in compliance with the Manual of Traffic Controls and
<br /> ENCROACHMENT PERMIT GENERAL PROVISIONS
<br /> Instructions to Flaggers Pamphlet.
<br /> TR-0045 (REV. 10/98) 16. STORAGE OF EQUIPMENT AND MATERIALS: Equipment and
<br /> ndard
<br /> 1.AUTHORITY: The Department's authority to issue encroachment permits
<br /> material
<br /> storage Standard State Plans, and Special Provof way shall isions. Whenevly with er the
<br /> is provided under,Div. 1,Chpl 3,Art. 1,Sect 660 to 734 of the Streets and p ittee places an obstacle within 3.63 m(12�feet of the traveled way,the
<br /> Highways Code. permittee shall place temporary railing(Type K).
<br /> 2. REVOCATION: Encroachment permits are revocable on five days notice
<br /> 17. CARE OF DRAINAGE:Permittee shall provide a
<br /> unless otherwise stated on the permit and except as provided by law foralternate drainage for any
<br /> public corporations, franchise holders, 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, Department's representative.
<br /> franchise rights, reserved rights or any other agreements for operating
<br /> purposes in State highway right of way are exceptions to this revocation. 18. RESTORATIONresble for rrestoratonRand repair of State highway right of way ersulting
<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.).
<br /> 4. ASSIGNMENT:No party other than the permittee or permittee's authorized 19. RIIGH�T OF
<br /> dispose se of all scraps, brush,Y CLEAN UP: upon completion
<br /> mat nils etc O permittee
<br /> shalt
<br /> all
<br /> agent is allowed to work under this permit. removof way.The aesthetics of the highway shall be as it was before work started.
<br /> 5.ACCEPTANCE OF PROVISIONS: Permittee understands and agrees to
<br /> accept these General Provisions and all attachments to this permit, for any 20. COST OF the per ittee Unless
<br /> shallstated
<br /> ar all costsincurred for workawithintthe
<br /> work to be performed under this permit. State 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,
<br /> the permittee shall notify the Department's representative., two (2) days the
<br /> before the intent to start permitted work. Permittee shall notify the 21. ACTUAL COST BILLING;When specified in permit the Department
<br /> Department's Representative if the work is to be interrupted for a period of will bill the pemtittee actual costs at the currently set hourly rate for
<br /> five (5) days or more, unless otherwise agreed upon. All work shall be encroachment permits.
<br /> performed on weekdays during regular work hours, excluding holidays,
<br /> 22. AS-BUILT PLANS: When required, permittee isubmit one(1)set of
<br /> urtless otherwise specified in this permit.
<br /> as-built plans in compliance with Department's requirements.
<br /> ements. Plans shall be
<br /> 7. STANDARDS OF CONSTRUCTION: AR work performed v0hin submitted within thirty(30)days after completion and approval of work,
<br /> highway right of way shall conform to recognized construction standards and
<br /> current Department Standard 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-compliance
<br /> ore to provide complete and signed As-Built plans
<br /> Where reference is made to"Contractor and Engineer,"these are amc nded to with these provisions.Fail
<br /> be read as"Permittee and Department representative." shall be cause for bond or deposit retention by the Department.
<br /> 8. PLAN CHANGES:Changes to plans, specifications,and permit provisions 23. PERMITS FOR RECORD PURPOSES ONLY: When work in the right
<br /> are not allowed without prior 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. INSPEC'T'ION AND APPROVAL: All work is subject to monitoring and permittee for the purpose of providing a notice and record of work. The
<br /> inspection. Upon completion of work, permittee shall request a final Pcrmittee'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 not give final construction approval to its contractor until shall be stamped across the face of the permit.
<br /> final acceptance and approval by the Department is obtained.
<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 bond(s) in full force and effect will
<br /> wort site and show it upon request to any Department result in the Department stopping of all work and revoking permit(s).Bonds
<br /> copy thereof,at the
<br /> representative or law enforcement officer. If the permit package is not kept are not required of public corporations or privately owned utilities unless
<br /> and made available at the work site,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 /> ]1. CONFLICTING ENCROACHMFNTS: Permittee shall yield start 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 permittee 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 done on State property will not 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 local agency permittee agrees to require the construction contractor
<br /> 12. PERMITS FROM OTHER AGENCIES:This permit is invalidated if the furnish both a payment and performance bond in the local agency's name
<br /> permittee has not obtained all permits necessary and required by law, from with both bonds complying with the requirements set forth in Section 3-1.02
<br /> the Public Utilities Commission of the State of California(PUC),California of State's current Standard Specific
<br /> Thapions before performing any project
<br /> Occupational Safetv and Health Administration (Cal-OSHA), or any other construction work. e local agrocy� ermitice shall defend, indemnify,and
<br /> public agency having jurisdiction. hold harmless the State, its officers and employees from all project
<br /> construction related claims by contractors and all stop notice or mechanic'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 meter(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.
<br /> diverted onto a portion of the street used for vehicular traffic. At locations
<br /> where safe alternate passageways cannot be provided,appropriate signs and 25. FUTURE MOVING OF INSTALLATIONS: Permittee understands and
<br /> barricades shall be installed at the limits of construction and in advance of agrees to rearrange a permitted installation upon request by the Department,
<br /> the limits of construction at the nearest crosswalk or intersection to detour for State construction,reconstruction,or maintenance work on the highway.
<br /> pedestrians to facilities across the street. The perminee at his sole expense,unless under a prior agreement,ATA, or a
<br /> CCUA,shall comply with said request.
<br /> 14. PUBLIC TRAFFIC CONTROL: As required by law,the permittee shall
<br /> provide traffic control protection warning signs, lights, safety devices, etc., 26, ARCHAEOLOGICAL/HISTORICAL: If any archaeological or 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 representative, retain s qualified
<br /> Standard Plans, and Standard Specifications for traffic control systems. archaeologist 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 work.
<br /> third parties,any duty or standard of care, greater than or different from, as
<br /> required by law. 27. PREVAILING WAGES: Work performed by or under a permit may
<br /> require permittee'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 create the least possible inconvenience to the or requests for interpretations relative to enforcement of prevailing wage
<br /> traveling public,traffic shall not be unreasonably dclaved. On conventional requirements are directed to State of California Department of Industrial
<br /> highways,permittee shall place properly attired flagger(s)to stop or warn the Relations,525 Golden Crate Avenue,San Francisco,California 94101
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