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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
<br />permits is provided under, Div. 1, Chpt 3, Art. 1, Sect. 660 to 734 of
<br />the Streets and Highways Code.
<br />2. REVOCATION: Encroachment permits are revocable on five days 13.
<br />notice unless otherwise stated on the permit and except as provided by
<br />law for public corporations, franchise holders, and utilities. These
<br />General Provisions and the Encroachment Permit Utility Provisions
<br />are subject to modification or abrogation at any time. Permittees' joint
<br />use agreements, franchise rights, reserved rights or any other
<br />agreements for operating purposes in State highway right of way are
<br />exceptions to this revocation.
<br />3. DENIAL FOR NONPAYMENT OF FEES: Failure to pay permit
<br />fees when due can result in rejection of future applications and denial
<br />of permits. 14.
<br />4. ASSIGNMENT: No parry other than the permittee or permittee's
<br />authorized agent is allowed to work under this permit.
<br />5. ACCEPTANCE OF PROVISIONS: Permittee understands and
<br />agrees to accept these General Provisions and all attachments to this
<br />permit, for any work to be performed under this permit.
<br />6. BEGINNING OF WORK: When traffic is not impacted (see
<br />Number 35), the permittee shall notify the Department's
<br />representative, two (2) days before the intent to start permitted work.
<br />Permittee shall notify the Department's Representative if the work is
<br />to be interrupted for a period of five (5) days or more, unless
<br />otherwise agreed upon. All work shall be performed on weekdays
<br />during regular work hours, excluding holidays, unless otherwise
<br />specified in this permit.
<br />7. STANDARDS OF CONSTRUCTION: All work performed within
<br />highway right of way shall conform to recognized construction
<br />standards and current Department Standard Specifications,
<br />Department Standard Plans High and Low Risk Facility
<br />Specifications, and Utility Special Provisions. Where reference is
<br />made to "Contractor and Engineer," these are amended to be read as
<br />"Permittee and Department representative,"
<br />8. PLAN CHANGES: Changes to plans, specifications, and permit
<br />provisions are not allowed without prior approval from the State
<br />representative.
<br />9. INSPECTION AND APPROVAL: All work is subject to
<br />monitoring and inspection. Upon completion of work, permittee shall
<br />request a final inspection for acceptance and approval by the
<br />Department The local agency permittee shall not give final
<br />construction approval to its contractor until final acceptance and
<br />approval by the Department is obtained.
<br />10. PERMIT AT WORKSITE: Permittee shall keep the permit package
<br />or a copy thereof, at the work site and show it upon request to any
<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
<br />be suspended.
<br />11. CONFLICTING ENCROACHMENTS: Permittee shall yield start
<br />of work to ongoing, prior authorized, work adjacent to or within the
<br />limits of the project site. When existing encroachments conflict with
<br />new work, the permittee shall bear all cost for rearrangements, (e.g.,
<br />relocation, alteration, removal, etc.).
<br />12. PERMITS FROM OTHER AGENCIES: This permit is invalidated
<br />if the permittee has not obtained all permits necessary and required by
<br />law, from the Public Utilities Commission of the State of California
<br />(PUC), California Occupational Safety and Health Administration
<br />(Cal -OSHA), or any other public agency having jurisdiction.
<br />PEDESTRIAN AND BICYCLIST SAFETY: A safe minimum
<br />passageway of 4' shall be maintained through the work area at existing
<br />pedestrian or bicycle facilities. At no time shall pedestrians be
<br />diverted onto a portion of the street used for vehicular traffic. At
<br />locations where safe alternate passageways cannot be provided,
<br />appropriate signs and barricades shall be installed at the limits of
<br />construction and in advance of the limits of construction at the nearest
<br />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 />Department Standard Specifications.
<br />PUBLIC TRAFFIC CONTROL: As required by law, the permittee
<br />shall provide traffic control protection warning signs, lights, safety
<br />devices, etc., and take all other measures necessary for traveling
<br />public's safety. While providing traffic control, the needs and control
<br />of all road users [motorists, bicyclists and pedestrians, including
<br />persons with disabilities in accordance with the Americans with
<br />Disabilities Act of 1990 (ADA)] shall be an essential part of the work
<br />activity.
<br />Day and night time lane closures shall comply with the California
<br />Manual on Uniform Traffic Control Devices (Part 6, Temporary
<br />Traffic Control), Standard Plans, and Standard Specifications for
<br />traffic control systems. These General Provisions are not intended to
<br />impose upon the permittee, by third parties, any duty or standard of
<br />care, greater than or different from, as required by law.
<br />15. MINIMUM INTERFERENCE WITH TRAFFIC: Permittee shall
<br />plan and conduct work so as to create the least possible inconvenience
<br />to the traveling public; traffic shall not be unreasonably delayed. On
<br />conventional highways, permittee shall place properly attired
<br />flagger(s) to stop or warn the traveling public in compliance with the
<br />California Manual on Uniform Traffic Control Devices (Chapter 6E,
<br />Flagger Control).
<br />16. STORAGE OF EQUIPMENT AND MATERIALS: The storage of
<br />equipment or materials is not allowed within State highway right-of-
<br />way, unless specified within the Special Provisions of this specific
<br />encroachment permit If Encroachment Permit Special Provisions allow
<br />for the storage of equipment or materials within the State right of way,
<br />the equipment and material storage shall comply with Standard
<br />Specifications, Standard Plans, Special Provisions, and the Highway
<br />Design Manual. The clear recovery zone widths must be followed and
<br />are the minimum desirable for the type of facility indicated below:
<br />freeways and expressways - 30', conventional highways (no curbs) - 20',
<br />conventional highways (with curbs) — 1.5'. If a fixed object cannot be
<br />eliminated, moved outside the clear recovery zone, or modified to be
<br />made yielding, it should be shielded by a guardrail or a crash cushion.
<br />17. CARE OF DRAINAGE: Permittee shall provide alternate drainage
<br />for any work interfering with an existing drainage facility in
<br />compliance with the Standard Specifications, Standard Plans and/or as
<br />directed by the Department's representative.
<br />18. RESTORATION AND REPAIRS IN RIGHT OF WAY: Permittee
<br />is responsible for restoration and repair of State highway right of way
<br />resulting from permitted work (State Streets and Highways Code,
<br />Sections 670 et. seq.).
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