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STATE OF CALIFORNIA,DEPARTMENT OF TRANSPORTATION
<br /> ENCROACHMENT PERMIT GENERAL PROVISIONS
<br /> TR-0045{REQ 11`/201$}
<br /> 1. AUTHORITY: The California Department of Transportation Other than as expressly provided by these General Provisions,
<br /> ("Department") has authority to issue encroachment permits the Special Provisions, the Standard Specifications, Standard
<br /> under Division 1, Chapter 3, Article 1, Sections 660 through Plans,and other applicable Departmental standards,nothing in
<br /> 734 of the Streets and Highways Code. these General Provisions is intended to give any third party any
<br /> legal or equitable right, remedy,or claim with respect to these
<br /> 2. REVOCATION:Encroachment permits are revocable on five General Provisions or any provision herein. These General
<br /> (5)business days' notice unless otherwise stated on the permit Provisions are for the sole and exclusive benefit of the
<br /> and except as provided by law for public corporations, Permittee and the Department.
<br /> franchise holders,and utilities.Notwithstanding the foregoing,
<br /> in an emergency situation as determined by the Department,an Where reference is made in such standards to"Contractor"and
<br /> encroachment permit may be revoked immediately. These "Engineer," these are amended to be read as "Permittee" and
<br /> General Provisions and any applicable Special Provisions are "Department's representative," respectively, for purposes of
<br /> subject to modification or abrogation by the Department at any this encroachment permit.
<br /> time. Permittees' joint use agreements, franchise rights,
<br /> reserved rights or any other agreements for operating purposes 8. PLAN CHANGES: Deviations from plans, specifications,
<br /> in State of California ("State") highway right-of-way may be and/or the Permit Conditions as defined in General Provision
<br /> exceptions to this revocation. Number 5 are not allowed without prior approval from the
<br /> Department's representative.
<br /> 3. DENIAL FOR NONPAYMENT OF FEES: Failure to pay
<br /> encroachment permit fees when due may result in rejection of 9. INSPECTION AND APPROVAL: All work is subject to
<br /> future applications and denial of encroachment permits. monitoring and inspection. Upon completion of work,
<br /> Permittee must request a final inspection for acceptance and
<br /> 4. ASSIGNMENT: This encroachment permit allows only the approval by the Department. Permittee must not give final
<br /> Permittee or Permittee's authorized agent to work within or construction completion approval to its contractor, until final
<br /> encroach upon the State Highway right-of-way, and the acceptance and approval is obtained from the Department.
<br /> Permittee may not assign this permit.
<br /> 10. PERMIT AT WORKSITE: Permittee must keep the permit
<br /> 5. ACCEPTANCE OF PROVISIONS: Permittee understands package or a copy thereof at the work site at all times, and
<br /> and agrees to accept and comply with these General must show it upon request to any Department representative or
<br /> Provisions, the Special Provisions, any and all terms and/or law enforcement officer. If the permit package, or a copy
<br /> conditions contained in or incorporated into the encroachment thereof, is not kept and made available at the work site at all
<br /> permit, and all attachments to the encroachment permit times,the work must be suspended.
<br /> (collectively "the Permit Conditions"), for any encroachment,
<br /> work,and/or activity to be performed under this encroachment 11. CONFLICTING ENCROACHMENTS: Permittee must
<br /> permit and/or under color of authority of this encroachment yield start of work to ongoing,prior authorized work adjacent
<br /> permit. Permittee understands and agrees the Permit to or within the limits of the Permittee's project site. When
<br /> Conditions are applicable to and enforceable against Permittee existing encroachments conflict with Permittee's work, the
<br /> as long as the encroachment remains in, under, or over any Permittee must bear all cost for rearrangements (e.g.,
<br /> part of the State Highway right-of-way. relocation,alteration,removal,etc.).
<br /> 6. BEGINNING OF WORK: When traffic is not impacted(see 12. PERMITS FROM OTHER AGENCIES: This
<br /> General Provision Number 35), the Permittee must notify the encroachment permit is invalidated if the Permittee has not
<br /> Department's representative two (2) business days before obtained all permits necessary and required by law, including
<br /> starting permitted work. Permittee must notify the but not limited to permits from the California Public Utilities
<br /> Department's representative if the work is to be interrupted for Commission (CPUC), California Occupational Safety and
<br /> a period of five (5) business days or more, unless otherwise Health Administration (Cal-OSHA), or any other public
<br /> agreed upon.All work must be performed on weekdays during agency having jurisdiction.Permittee warrants all such permits
<br /> regular work hours, excluding holidays, unless otherwise have been obtained before beginning work under this
<br /> specified in this encroachment permit. encroachment permit.
<br /> 7. STANDARDS OF CONSTRUCTION: All work performed 13. PEDESTRIAN AND BICYCLIST SAFETY: A safe
<br /> within State Highway right-of-way must conform to all minimum continuous passageway of four (4) feet must be
<br /> applicable Departmental construction standards including but maintained through the work area at existing pedestrian or
<br /> not limited to:Standard Specifications,Standard Plans,Project bicycle facilities.At no time must pedestrians be diverted onto
<br /> Development Procedures Manual, Highway Design Manual a portion of the street used for vehicular traffic. At locations
<br /> and Special Provisions. where safe alternate passageways cannot be provided,
<br /> appropriate signs and barricades must be installed at the limits
<br /> m 2018 California Department of Transportation.All Rights Reserved.
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