Loading...
HomeMy WebLinkAboutCalifornia, State of; 1973-08-29; Encroachment PermitFORM-HMiP-202.A (BEV. 7.7a \ r To L STATE OF CAUFORNIA DEPARTMENT OF TRANSPORTATION NoillZ3-U-7M,lll // -SD-5 P.M. ENCROACHMENT PERMIT UTILITY San Diego August 29 , Galifornia' 1.9 73 City of Carlsbad 1200 Elm Ave. Carlsbad, GA 92008 Permit Effective n.tP AugUSt 29 19_ Permit Expiration Date Bond: Expiration Date Amount $ November ^0 Jione 19' 73 19 In compliance with your request of ^^^Y -^Q 19 73 and subject first to the applicable law, and second to the Terms and Conditions Relating to Utility Encroachments issued by the State of California,, as revised, and third to- the general or special provisions printed on any part of this form andjor attached hereto PERMISSION IS HEREBY GRANTED TO install inductive loop detectors for eastboimd traffic within State right of way on Tamarack Ave, at the east side of Rte, 5, P.M, ^9,3+, as part of a signal installation at Pio Pico Drive. The work shall be performed as shown on your attached Draw- ing No. 171-5i dated July 17, 1973 and as further required herein. One lane in each direction on Tamarack Ave. and access to and from freeway ramps shall be maintained at all times. AUG 3 i 1373 CITY OF CARLSBAD The State highway inspector,^ H. Kreft's off ice, "leflpRSneT^''*'^®"^ 294-.5125 ^ha.\\ be notified three days before work is begun and also upon completion of the work. All work shall be done during normal working hours under the super- . vision of.the 5tate, hig,hway inspector. u-..- TFiis permit is to be strictly corrstruea ana no worK other than that specifically mentioned above is authorized herein. Permission must be secured fbr extension of time granted herein. The ADDITIONAL PROVISIONS attached hereto shall be made a part of this permit: 27 to 33 inclusive and 33^ ^6, 44(a), 46 RHK:ing DISTRIBUTION: Permits Superintendent-DJTalbot Headquarters . . Inspector H. Kreft-Const. Permittee DEPARTMENT OF TRANSPORTATION Dekema rict Director of I'ratwjwrSfilHW l,(HRaDT _ • ST. PERMITvSUPVft Wli^imii^S^n^tigmeer iENERAL PROVISIONS-E.P. (Rev io-2g^,SD) 1. DEFINITION. This permit is issued under Chapter 3 of Division -1 of the Streets and Highways Code. The term encroachment is used in this f5ermit as defined in the said Chapter 3 of said code. Except as otherwise provided for public agencies and franchise holders this permit IS revocable on five days' notice. 2. ACCEPTANCE OF PROVISIONS. It is understood and agreed by the Permittee.that the doing of any work under this permit shall constitute an acceptance of the provisions. • • ' ' ' 3. NO PRECEDENT ESTABLISHED. This permit is granted with the understanding that this action is not to be considered as establishing any precedent on the question of the expediency of permitting any certain kind of encroachment to be erected within State Hiqhwav riqht of way. 3 f 3 4. KEEP PERMIT piM THE WORK. This permit shall be kept at the site of the work and must be shown to any representative of the Grantor or any Law Enforcemenjt Officer on demand. 5. PERMITS FROM OTHER 'AGENCIES. The party or parties to whom this permit is issued shall, whenever^the'same is^required by law secure the written order or consent to any work hereunder from the Public Utilities Commission'of the State of California or any other public board having jurisdiction, and this permit shall be suspended in operation unless and until such order or consent is obtained. 6. PROTECTION OF TRAFFIC. A~dequate provision shall be made for the protection of the traveling pubiic. Barricades shall be placed with amber lights at night; also-flagmen employed; all as may be required by the particular work in progress. 7. MINIMUM INTERFERENCE WITH TRAFFIC All work shall be planned and carried out so that there will be the least possible inconvenience to the traveling public, except for the specific work, permitted. 8. STOPPAGE OF MATERIAL. No material shall be stored within ten (10) feet from the edge of pavement or traveled way or within the shoulder line where the shoulders are wider than ten feet. 9. CLEAN UP RIGHT OF WAY. Upon completion of the work, all brush, timber, scraps and material shall be entirely .removed and the nght of way left in as presentable condition as before work started. 10. STANDARDS-OF^CpNSTRUCTION. All work shall conform to California Standard Specifications as revised. 11. SUPERVISION OF GRANTO.R. /yi the vyork shall be done subject^to the supervision of, and to the satisfaction of ,,the Grantor. 12 FUTURE-MOVING OF-INSJALbATiON. It is understood by the Permittee that whenever construction, reconstruction or maintenance work on the h|ghvwy rriay require, the inst£llation provided for-herein'shall,'upon request of the Grantor) be immediately moved by, and at the sole expense of, the Permittee. 13. EXPENSE OF INSPECTION On work which requires the presence of an employee of the Grantor as Inspectoj:', the salary, traveling expense and other incidental expense of such inspection during the wbrklhall be paid by the Permittee upon presentation'of a bill there'fdr." '1 ' 'S' .. '.I '• \ , - , . . ' > ?. * , 14. LIABILITY FOR DAMAGES. The Permittee is responsible for all liability for personal injury or property 'damage which may arise out of work herein permitted, or which may arise out of failure on the Permittee's part to perform his obligations under this permit in respect to maintenance. .In.the event, any claim of such liability is made against the State of California, or any Department, Officer, or employee thereof, Permitfe'e shall defend, inderhnify and hold them and each of them'har'mless frdiri sijch claim."This permit shall not be effective for any .purpose unless and unti|-.the.above-named Permittee files with the Grantor,'a Surety Bona.in the form and amount required by said Grantor, unless specifically exempted on the face hereof. The requirement that a bond be filed does not apply in the event the Permittee is a Governmental Board which derives its revenue by taxation. 15. MAKING REPAIRS. If the Grantor shall so elect, repairs to paving which has been disturbed shall be made by employees of the Grantor, and the expenses thereof shall be borne by the Permittee, who shall purchase and deliver on the road the materials necessary for said work as directed by the Grantor, all payments to laborers, inspectors, etc., employed by said Grantor for or on account of the work herein contemplated, shall be made by said Permittee forthwith on receipt of written orders, payrolls or vouchers approved by Grantor Or the Grantor may elect to require a deposit before starting repairs, in an amount sufficient to cover the extimated cost thereof The Grantor will give reasonable notice of its election to make such repairs If the Grantor does not so elect, the Permittee shall make such repairs promptly. In every case, the Permittee shall be responsible for restoring any portion of the highway which has been excavated or otherwise disturbed, to its former condition as nearly as may be possible, except where the Grantor elects to make repairs to paving as above provided in this paragraph, and except where provision to the contrary is made in the typewritten portion of the Permit. 16. CARE OF DRAI NAGE.,Ifrihe work herein contemplated shall interfere with the established drainage, ample provision shall be made by the Permittee to provide for It, as rriay be directed by the Grantor. 17 SUBMIT LOCATION PLAN. Upon completion of underground or surface work of consequence, the Perrhittee shali furnish plan to the Grantor's District Office, showing location and details of construction. J 18. MAINTENANCE. The Permittee agrees by the acceptance of the permit to exercise reasonable care to maintain properly any encroachment placed by it in the highway and to exercise reasonable care in inspecting for and immediately repanng and making good any injury to any portion of the highway which occurs as a result of the maintenance of the encroachment in the highway, or as a result of the work done under this permit,-including any and all injury to the highway which would not have occurred had such work not been done or such encroachment not placed therein. 19. CROSSING ROADWAY. Service and other small diameter pipes shall be jacked or otherwise forced underneath pavement without disturbing same Pavement or roadway shall not be cut unless speci/Ksally,permitted on the face hereof. Service pipes will not be permitted intide of culvert pipes used as drainage structures , , 20. LIMIT EXCAVATION No excavation is to be made closer than ten (10) feet from the edge of the pavement except as may be specified. 21 TUNNELING. No tunneling will be permitted except on' major work, as may be specifically s^t forth on the face hereof. 22. DEPTH OF PIPES. There shall be a minimum of thirty (30)''inches of cover over all pipes or conduits. 23. BACKFILLING. Backfill requirements shall conform to the applicable sections of the California Standard Specifications as revised. 24. PRESERVE SURFACING MATERIAL. Whenever a gravel or crushed rock surface is trenched, such inaterial shall be placed at one side and when backfilling is started, the rock material shall be replaced to its original position. 25. MAINTAIN SURFACE. The Permittee shall maintain the surface over structures placed hereunder as long as necessary. 26. PIPES ALONG ROADWAY. Pipes and utilities paralleling the pavement shall be located at the distance from traveled way and at such depth,asjsp0cifically directed on the face-hereof Cutting of tree roots will not be permitted. Page 3 ADDITIONAL PROVISIONS 27. That portion of the work within the State highway right of way shall be prosecuted to completion as rapidly as possible. (Including replacement of surfacing if required.) Any changes in this order of work shall be ap- proved by the State highway representative. 28. Traffic shall not be diverted nor interrupted without prior approval of the Division of Highways representative. 29. SHOULD THE DIVISION OF HIGHWAYS REPRESENTATIVE FIND WORK IN PROGRESS PRIOR TO HIS NOTIFICATION HE SHALL STOP SAID WORK FOR A PERIOD NOT LESS THAN THE REMAIN- DER OF THAT WORKING DAY. 30. Care shall be used to avoid interference with existing underground facilities. 31. All warning signs and safety devices used by the permittee to perform the work shall conform to the require- ments contained in the current "Manual of Warning Signs, Lights and Devices for Use in Performance of Work Upon State Highways" and Section 7-1.09 of the State Standard Specifications 32. This permit does not nullify or affect any County ordinance or permit covering the construction of this facihty. 33. Workers shall wear warning jackets or vests while working in and around the travelled way or shoulder area. 34. The work shall be done in one-half the highway at a time; at least one-half the pavement width shall be in good condition and open to traffic throughout the work. 35 By acceptance of this permit, the permittee agrees to pay all laboratory costs in connection with the necessary tests as may be required by the Division of Highways Engineer to determine the quality of the materials used and/or the in-place compaction. 36. All open trench within the_ improved area shall be backfilled, compacted and temporary repairs made to the surfacing before leaving the job site at the end of the working day. 37. The pipe shall be jacked under the highway or installed through a close fitting bored hole, no pavement shall be disturbed or undercut. Jetting or excessive use of water shall not be permitted. 38. The pipe shall be placed within a sleeve jacked or bored under the roadway, with the ends of the sleeve not closer than 10' to the outer edge of the roadbed. 39. All overhead cables installed within the State right of way shall conform to "Rules for Overhead Electrical Line Construction, General Order No. 95, of the Public Utilities Commission". 40. The (poles) (anchors) shall be back of the highway gutter or berm, clear of travelled ways, drainage channels and or areas maintained by power equipment 41. The permittee's surety bond as shown on the face of the permit, shall be on file with the Division of Highways prior to beginning work. Cancellation or expiration of the bond will immediately cancel this permit. 42. All work shall be coordinated with the State highway contractor's operations, and under no circumstances shall the work granted herein interfere. All standards of construction shall be identical to similar work per- formed under adjacent highway contract. 43. All maintenance of the proposed facility shall be conducted from outside the freeway access control lines. 44. In the event the permittee elects not to perform the installation work granted herein, but rather retains a con- tractor to install the facility, the following provisions shall apply. (a) A separate permit shall be issued to the permittee's contractor for work in- volved in installing the facility. (b) Unless the permittee is bonded with the Division of Highways for the work the permittee's contractor shall be required to post a surety bond with the State, before beginning work, to guarantee compliance with the permit provisions. 45. Access to the job site shall be from outside the right of way. The existing fence shall be temporarily realigned to exclude the workmg area from the fenced freeway right of way. At the completion of the work, the fence shall be reinstalled on the original alignment to the satisfaction of the Division of Highways representative. Any fence materials damaged shall be replaced with new matenals of the same kind and quality as the original materials. (E.P. Rev. 12-70 SD) 46. NON-DISCRIMINATION REGULATIONS: The permittee for himself, his personal representatives, successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree that (1) no person on the ground of race, color, or national origin shall be excluded from participation in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the permittee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said regulations may be amended. That in the breach of any of the above non-discnmination covenants, the State of California shall have the right to terminate the permit and to re-enter and repossess said land and the facilities thereon, and hold the same as if said permit had never been made or issued.