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Director of the Department and the Deputy Directors,from any seq., which require public facilities be made accessible to
<br /> and all claims, demands, damages, costs, liability, suits, or persons with disabilities.
<br /> actions of every name, kind and description arising out of or
<br /> by virtue of the Americans with Disabilities Act. Notwithstanding the requirements of the previous paragraph,
<br /> all construction, design, and maintenance of public facilities
<br /> 33. PRIVATE USE OF STATE HIGHWAY RIGHT-OF- must also comply with the Department's Design Information
<br /> WAY: State highway right-of-way must not be used for Bulletin 82,"Pedestrian Accessibility Guidelines for Highway
<br /> private purposes without compensation to the State. The Projects."
<br /> gifting of public property use and therefore public funds is
<br /> prohibited under the California Constitution,Article 16. 39.STORMWATER: The Permittee is responsible for full
<br /> compliance with the following;
<br /> 34. FIELD WORK REIMBURSEMENT: Permittee must
<br /> reimburse the Department for field work performed on For all projects, the Department's Storm Water
<br /> Permittee's behalf to correct or remedy hazards or damaged Program and the Department's National Pollutant
<br /> facilities,or to clear refuse, debris, etc, not attended to by the Discharge Elimination System (NPDES) Permit
<br /> Permittee. requirements under Order No. 2012-0011-DWQ,
<br /> NPDES No CAS000003;and
<br /> 35. NOTIFICATION OF CLOSURES TO DEPARTMENT • In addition,for projects disturbing one acre or more
<br /> AND TRAFFIC MANAGEMENT CENTER (TMC): The of soil, with the California Construction General
<br /> Permittee must notify the Department's representative and the Permit Order No. 2009-0009-DJI,'Q, NPDES No
<br /> Traffic Management Center (TMC) at least seven (7) days CAS000002;and
<br /> before initiating a lane closure or conducting an activity that In addition,for projects disturbing one acre or more
<br /> may cause a traffic impact.A confirmation notification should of soil in the Lahontan Region with Order No. R6T-
<br /> occur three (3) days before closure or other potential traffic 2016-0010,NPDES No CAG616002.
<br /> impact. In emergency situations when the corrective work or
<br /> the emergency itself may affect traffic, TMC and the For all projects, it is the Permittee's responsibility to install,
<br /> Department's representative must be notified as soon as inspect, repair,and maintain all facilities and devices used for
<br /> possible. water pollution control practices (Best Management
<br /> PracticesBMPs)before performing daily work activities.
<br /> 36. SUSPENSION OF TRAFFIC CONTROL OPERATION:
<br /> The Permittee, upon notification by the Department's
<br /> representative, must immediately suspend all lane closure
<br /> operations and any operation that impedes the flow of traffic.
<br /> All costs associated with this suspension must be borne by the
<br /> Permittee.
<br /> 37. UNDERGROUND SERVICE ALERT (USA)
<br /> NOTIFICATION: Any excavation requires compliance with
<br /> the provisions of Government Code section 4216 et. seq.,
<br /> including but not limited to notice to a regional notification
<br /> center, such as Underground Service Alert (USA). The
<br /> Permittee must provide notification to the regional notification
<br /> center at least forty-eight (48) hours before performing any
<br /> excavation work within the State highway right-of-way.
<br /> 38. COMPLIANCE WITH THE AMERICANS WITH
<br /> DISABILITIES ACT (ADA): All work within the State
<br /> highway right-of-way to construct and/or maintain any public
<br /> facility must be designed, maintained, and constructed strictly
<br /> in accordance with all applicable Federal Access laws and
<br /> regulations (including but not limited to Section 504 of the
<br /> Rehabilitation Act of 1973, codified at 29 U.S.C. § 794),
<br /> California Access laws and regulations relating to ADA,along
<br /> with its implementing regulations, Title 28 of the Code of
<br /> Federal Regulations Parts 35 and 36(28 C.F.R.,Ch. I,Part 35,
<br /> §35.101 et seq.,and Part 36, §36.101 et seq.),Title 36 of the
<br /> Code of Federal Regulations Part 1191 (36 C.F.R., Ch. XI,
<br /> Part 1191, § 1119.1 et seq.), Title 49 of the Code of Federal
<br /> Regulations Part 37(49 C.F.R.,Ch.A,Part 37,§37.1 et seq.),
<br /> the United States Department of Justice Title lI and Title III for
<br /> the ADA, and California Government Code section 4450 et
<br /> 0 2018 Califomia Department of Transportation.All Rights Reserved.
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