4a Permit General Provisions.pdf

STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION

ENCROACHMENT PER.t\'IIT GENERAL PROVISIONS

TR-0045 {RE�

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AUTHORITY: The California Department of Transportation ("Department") has authority to issue encroachment permits under Division I, Chapter 3, Article I, Sections 660 through 734 of the Streets and Highways Code.

REVOCATION: Encroachment permits are revocable on five

(5) business days' notice unless otherwise stated on the permit and except as provided by law for public corporations, franchise holders, and utilities. Notwithstanding the foregoing, in an emergency situation as determined by the Department, an encroachment permit may be revoked immediately. These General Provisions and any applicable Special Provisions are subject to modification or abrogation by the Department at any time. Permittees' joint use agreements, franchise rights, reserved rights or any other agreements for operating purposes in State of California ("State") highway right-of-way may be exceptions to this revocation.

DENIAL FOR NONPAYl\tlENT OF FEES: Failure to pay encroachment permit fees when due may result in rejection of future applications and denial of encroachment permits.

ASSIGNMENT: This encroachment permit allows only the Permittee or Permittee's authorized agent to work within or encroach upon the State Highway right-of-way, and the Permittee may not assign this permit.

ACCEPTANCE OF PROVISIONS: Permittee understands and agrees to accept and comply with these General Provisions, the Special Provisions,' any and all temis and/or conditions contained in or incorporated into the encroachment permit, and all attachments to the encroachment permit (collectively "the Permit Conditions"), for any encroachment, work, and/or activity to be performed under this encroachment permit and/or under color of authority of this encroachment permit. Permittee understands and agrees the Permit Conditions are applicable to and enforceable against Permittee as long as the encroachment remains in, under, or over any part of the State Highway right-of-way ..

BEGINNING OF WORK: When traffic is not impacted (see General Provision Number 35), the Permittee must notify the Department's representative two (2) business days before starting permitted work. Permittee must notify the Department's representative if the work is 'to be interrupted for a period of five (5) business days or more, unless otherwise agreed upon. All work must be performed on weekdays during regular work hours, excluding holidays, unless otherwise specified in this encroachment permit.

STANDARDS OF CONSTRUCTION: All work performed within State Highway right-of-way must conform to all applicable Departmental construction standards including but not limited to: Standard Specifications, Standard Plans, Project Development Procedures Manual, Highway Design Manual and Special Provisions.

<id 2018 California Department of Transportation. All Rights Reserved.

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Other than as expressly provided by these General Provisions, the Special Provisions, the Standard Specifications, Standard Plans, and other applicable Departmental standards, nothing in these General Provisions is intended to give any third party any legal or equitable right, remedy, or claim with respect to these General Provisions or any provision herein. These General Provisions are for the sole and exclusive benefit of the Permittee and the Department.

Where reference is made in such standards to "Contractor" and "Engineer," these are amended to be read as "Permittee" and "Department's representative," respectively, for purposes of this encroachment permit.

PLAN CHANGES: Deviations from plans, specifications, and/or the Permit Conditions as defined in General Provision Number 5 are not allowed without prior approval from the Department's representative.

INSPECTION AND APPROVAL: All work is subject to monitoring and inspection. Upon ·completion of work, Permittee must request a final inspection for acceptance and approval by the Department. Permittee must not give final construction completion approval to its contractor, until final acceptance and approval is obtained from the Department.

PER.t'\'IIT AT WORKSITE: Permittee must keep the permit package or a copy thereof at the work site at all times, and must show it upon request to any Department representative or law enforcement officer. If the permit package, or a copy thereof, is not kept and made available at the work site at all times, the work must be suspended.

CONFLICTING ENCROACHMENTS: Permittee must yield start of work to ongoing, prior authorized work adjacent to or within the limits of the Permittee's project site. When

. existing encroachments conflict with Permittee's work, the Permittee must bear all cost for rearrangements (e.g., relocation, alteration, removal, etc.).

PER.J.'\'IITS FROM OTHER AGENCIES: This encroachment permit is invalidated if the Permittee has not obtained all permits necessary and required by law, including but not limited to permits from the California Public Utilities Commission (CPUC), California Occupational Safety and Health Administration (Cal-OSHA), or any other public agency having jurisdiction. Permittee warrants all such permits have been obtained before beginning work under this encroachment permit.

PEDESTRIAN AND BICYCLIST SAFETY: A safe minimum continuous passageway of four (4) feet must be maintained through the work area at existing pedestrian or bicycle facilities. At no time must pedestrians be diverted onto a portion of the street used for vehicular traffic. At locations where safe alternate passageways cannot be provided, appropriate signs and barricades must be installed at the limits

Attachment 4a