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STATE OF CALIFORNIA, DEPARTMENT uF TRANSPORTATION
<br />ENCROACHMENT PERMIT GENERAL PROVISIONS
<br />TR -0045 (REV. 10/98)
<br />1. AUTHORITY: The Department's authority to issue encroachment permits
<br />is provided under, Div. 1, Chpt. 3, Art. 1, Sect. 660 to 734 of the Streets and
<br />Highways Code.
<br />2. REVOCATION: Encroachment permits are revocable on five days notice
<br />unless otherwise stated on the permit and except as provided by law for
<br />public corporations, franchise holders, and utilities. These General
<br />Provisions and the Encroachment Permit Utility Provisions are subject to
<br />modification or abrogation at any time. Permittees' joint use agreements,
<br />franchise rights, reserved rights or any other agreements for operating
<br />purposes in State highway right of way are exceptions to this revocation_
<br />3. DENIAL FOR NONPAYMENT OF FEES: Failure to pay permit fees
<br />when due can result in rejection of future applications and denial of permits.
<br />4. ASSIGNMENT: No party other than the permittee or permittee's authorized
<br />agent is allowed to work under this permit.
<br />5. ACCEPTANCE OF PROVISIONS: Permittee understands and agrees to
<br />accept these General Provisions and all attachments to this permit, for any
<br />work to be performed under this permit.
<br />6. BEGINNING OF WORK: When traffic is not impacted (see Number 35),
<br />the permittee shall notify the Department's representative, two (2) days
<br />before the intent to start permitted work. Permittee shall notify the
<br />Department's Representative if the work is to be interrupted for a period of
<br />five (5) days or more, unless otherwise agreed upon. All work shall be
<br />performed on weekdays during regular work hours, excluding holidays,
<br />unless otherwise specified in this permit.
<br />7. STANDARDS OF CONSTRUCTION: All work performed within
<br />highway right of way shall conform to recognized construction standards and
<br />current Department Standard Specifications, Department Standard Plans
<br />High and Low Risk Facility Specifications, and Utility Special Provisions.
<br />Where reference is made to "Contractor and Engineer," these are amended to
<br />be read as "Permittee and Department representative."
<br />& PLAN CHANGES: Changes to plans, specifications, and permit provisions
<br />are not allowed without prior approval from the State representative.
<br />9. INSPECTION AND APPROVAL: All work is subject to monitoring and
<br />inspection- Upon completion of work, permittee shall request a final
<br />inspection for acceptance and approval by the Department. The local agency
<br />permittee shall not give final construction approval to its contractor until
<br />final acceptance and approval by the Department is obtained.
<br />10. PERMIT AT WORKSITE: Permittee shall keep the permit package or a
<br />copy thereof, at the work site and show it upon request to any Department
<br />representative or law enforcement officer. If the permit package is not kept
<br />and made available at the work site, the work shall be suspended.
<br />11. CONFLICTING ENCROACHMENTS: Permittee shall yield start of
<br />work to ongoing, prior authorized, work adjacent to or within the limits of
<br />the project site. When existing encroachments conflict with new work, the
<br />permittee shall bear all cost for rearrangements, (e.g., relocation, alteration,
<br />removal, etc.).
<br />12. PERMITS FROM OTHER AGENCIES: This permit is invalidated if the
<br />permittee has not obtained all permits necessary and required by law, from
<br />the Public Utilities Commission of the State of California (PUC), California
<br />Occupational Safety and Health Administration (Cal -OSHA), or any other
<br />public agency having jurisdiction.
<br />13. PEDESTRIAN AND BICYCLIST SAFETY: A safe minimum
<br />passageway of 1.21 meter (4) shall be maintained through the work area at
<br />existing pedestrian or bicycle facilities. At no time shall pedestrians be
<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
<br />barricades shall be installed at the limits of construction and in advance of
<br />the limits of construction at the nearest crosswalk or intersection to detour
<br />pedestrians to facilities across the street.
<br />14. PUBLIC TRAFFIC CONTROL: As required by law, the permittee shall
<br />provide traffic control protection warning signs, lights, safety devices, etc.,
<br />and take all other measures necessary for traveling public's safety. Day and
<br />night time lane closures shall comply with the Manuals of Traffic Controls,
<br />Standard Plans, and Standard Specifications for traffic control systems.
<br />These General Provisions are not intended to impose upon the permittee, by
<br />third parties, any duty or standard of care, greater than or different from, as
<br />required by law.
<br />15. MINIMUM INTERFERENCE WITH TRAFFIC: Permittee shall plan
<br />and conduct work so as to create the least possible inconvenience to the
<br />traveling public; traffic shall not be unreasonably delayed. On conventional
<br />highways, permittee shall place properly attired flagger(s) to stop or warn the
<br />traveling public in compliance with the Manual of Traffic Controls'and
<br />Instructions to Flaggers Pamphlet.
<br />16. STORAGE OF EQUIPMENT AND MATERIALS: Equipment and
<br />material storage in State right of way shall comply with Standard
<br />Specifications, Standard Plans, and Special Provisions. Whenever the
<br />permittee places an obstacle within 3.63 m (12') feet of the traveled way, the
<br />permittee shall place temporary railing (Type K).
<br />17. CARE OF DRAINAGE: Permittee shall provide alternate drainage for any
<br />work interfering with an existing drainage facility in compliance with the
<br />Standard Specifications, Standard Plans and/or as directed by the
<br />Department's representative.
<br />18. RESTORATION AND REPAIRS IN RIGHT OF WAY: Permittee is
<br />responsible for restoration and repair of State highway right of way resulting
<br />from permitted work (State Streets and Highways Code, Sections 670 et.
<br />seq.).
<br />19. RIGHT OF WAY CLEAN UP: Upon completion of work, permittee shall
<br />remove and dispose of all scraps, brush, timber, materials, etc. off the right
<br />of way. The aesthetics of the highway shall be as it was before work started.
<br />20. COST OF WORK: Unless stated in the permit, or a separate written
<br />agreement, the permittee shall bear all costs incurred for work within the
<br />State right of way and waives all claims for indemnification or contribution
<br />from the State.
<br />21. ACTUAL COST BILLING: When specified in the permit, the Department
<br />will bill the permittee actual costs at the currently set hourly rate for
<br />encroachment permits.
<br />22. AS -BUILT PLANS: When required, permittee shall submit one (1) set of
<br />as -built plans in compliance with Department's requirements. Plans shall be
<br />submitted within thirty (30) days after completion and approval of work -
<br />As -Built plans or accompanying correspondence shall not include disclaimer
<br />statements of any kind. Such statements shall constitute non-compliance
<br />with these provisions. Failure to provide complete and signed As -Built plans
<br />shall be cause for bond or deposit retention by the Department.
<br />23. PERMITS FOR RECORD PURPOSES ONLY: When work in the right
<br />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 />permittee for the purpose of providing a notice and record of work. The
<br />Permittee's prior rights shall be preserved without the intention of creating
<br />new or different rights or obligations. "Notice and Record Purposes Only"
<br />shall be stamped across the face of the permit.
<br />24. BONDING: The permittee shall file bond(s), in advance, in the amount set
<br />by the Department. Failure to maintain bond(s) in full force and effect will
<br />result in the Department stopping of all work and revoking permit(s). Bonds
<br />arc not required of public corporations or privately owned utilities, unless
<br />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 />in California Code of Civil Procedures, Section 337.15. Local agency
<br />permittee shall comply with requirements established as follows: In
<br />recognition that project constriction work done on State property will not be
<br />directly funded and paid by State, for the purpose of protecting stop notice
<br />claimants and the interests of State relative to successful project completion,
<br />the local agency permittee agrees to require the construction contractor
<br />furnish both a payment and performance bond in the local agency's name
<br />with both bonds complying with the requirements set forth in Section 3-1.02
<br />of State's current Standard Specifications before performing any project
<br />construction work. The local agency permittee shall defend, indemnify, and
<br />hold harmless the State, its officers and employees frorh allproject
<br />construction related claims by contractors and all stop notice or mechanic's
<br />lien claimants. The local agency also agrees to remedy, in a timely manner
<br />and to State's satisfaction, any latent defects occurring as a result of the
<br />project construction work.
<br />25. FUTURE MOVING OF INSTALLATIONS: Permittee understands and
<br />agrees to rearrange a permitted installation upon request by the Department,
<br />for State construction, reconstruction, or maintenance work on the highway.
<br />The permittee at his sole expense, unless under a prior agreement, JUA, or a
<br />CCUA, shall comply with said request
<br />26. ARCHAEOLOGICAL/IIISTORICAL: If any archaeological or historical
<br />resources are revealed in the work vicinity, the permittee shall immediately
<br />stop work, notify the Department's representative, retain a qualified
<br />archaeologist who shall evaluate the site, and make recommendations to the
<br />Department representative regarding the continuance of work.
<br />27. PREVAILING WAGES: Work performed by or under a permit may
<br />require permittee's contractors and subcontractors to pay appropriate
<br />prevailing wages as set by the Department of Industrial Relations. Inquiries
<br />or requests for interpretations relative to enforcement of prevailing wage
<br />requirements are directed to State of California Department of Industrial
<br />Relations, 525 Golden Gate Avenue, San Francisco, California 94102.
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