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HomeMy WebLinkAboutCalifornia, State of; 1980-06-20;r To 118Q-E-764,^19 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION No. 11 SDzi P.M. ^0.106 ENCROACHMENT PERMIT City of Carlsbad. 1200 Elm Avenue Carlsbad, CA 92008 GENERAL Permit Effective Date Permit Expiration Date San Diego June 20 June 20 Bond Amount S HonR California 19 _SQ. 19 _80 19 In compliance with your request of. June 6 , ?o 80 and subject to all the terms, conditions, and restrictions written below, or printed as general and special provisions on any part of this form andi or attached hereto, PERMISSION IS HEREBY GRANTED TO enter upon State Highway E/W on Interstate Rte. ll-SD-5 at Elm Avenue, P.M, 50.106, in the City of Carlsbad and place the herein authorized traffic signal sensor loops on Elm Avenue within the E/W and to further inter- connect the Pio Pico-Elm Avenue signal system with the State's signal system, all as shown on the attached plan and as further required herein. Traffic on the ramps shall be allowed to pass through the work area at all times. All work shall be accomplished with as little interference and/or inconvenience to public traffic as possible. If the work results in any substantial build-up of vehicles on the freeway ramps, all work causing the build-up shall be stopped until the traffic has been allowed to clear. This project has been reviewed and a Negative Beclaration pre- pared and approved by the City of Carlsbad, THE HEREIN AUTHORIZED WORK SHALL BE COMPLETED BY J^lj i WO The State highway inspector shall be notified three days before work is begun and also upon completion of the work. J. Morgan's office. Telephone: 294-5244 All work shall be done during normal working hours under the supervision of the State highway inspector. This permit is to be strictly construed and no work other than that specifically mentioned above is authorized here- in. Permission must be secured for extension of time granted herein. THE ADDITIONAL PROVISIONS attached hereto shall be made a part of this permit: 27 to 33 inclusive and ^4, IX.?^ IX.-^^ IX.^ flTiH DEN:da DISTRIBUTION: DEPARTMENT OF TRANSPORTATION Permits DISTRICT 11 Superintendent-MCOlary I nspector - JMorgan Permittee Distnct Permtt^ngineer Donald E. Hewman hORM HM-P-202-A (Re«. 3/76) GENERAL PROVISIONS-E p. (Rev 10-26-72. SDI ^ 1 DEFINITION."Th'is permit is issued under Chapter 3 of Division 1 of .the Streets and Highways Code. The tbrm "^^^^^^^ this permit as definechn the said Chapter 3 of said code Except as otherwise provided for public agencies and franchise holders, th.s 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 shal 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 e^abl'shing any precedent on the question of the exfid.ency of permitting any certain kind of encroachment to be erected within State Highway right of way. 4. KEEP PERMIT ON 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 Enforcement 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 mitten order or consent to any work hereunder from the Public Utilities Commission of the S"te o J^li ornia or any other public board having lunsdict.on, and this permit shall be suspended in operation unless and until such order or consent is obtained. 6 PROTECTION OF TRAFFIC. Adequate provision shall be made for the protection of the traveling public. Barricades shall be placed v«.ith amber lights at night, also flagmen employed; all as nnay 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. STORAGE 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 RIGHJ OF WAY Upon completion of the work, all brush, timber, scraps and material shall be entirely removed and the right of way left in as presentable condition as before work started.- , . - - _ .• - - - 10. STANDARDS OF CONSTRUCTION. All work shall conform.to California Standard Specifications as revised. lV. SUPERVISION OF GRANTOR'. Allthe work shall be done subiect tothe supervision .of, and to the satisfaction of, the Grantor. 12 FUTURE MOVING OF'INSTALLATION. It is'understood by'the Permittee that Whenever tdnstruction ^reconstruction or rnaintenance • - work on the hrghvSy 4^requ.re^h^^ installation provided for herein shall, upon request of t(,e 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 Inspector, the salary traveling • Linse and othef mcldS expense of such inspection during-the work shall be paid by the Permittee .upon presentation of a bill . there'or. . -. - • - ., - •. , .• 14 LIABILITY FOR DAMAGES. The-Permittee is responsible tor all liability; for personal injury or property'damage which "lav 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 ™enan«.'^rth"1;ent any d^^^ of such liability is made against the State of California, "/^"V ^^^rtment Off^^^ ' Thereof "Permittee shall defend indemnify and hold them and each of them harmless from such claim. This permit shall not be e"a«'ve ^or • iny purposeTn «s and above-n'amed Permittee files with the Grantor, a Surety Bond in the for^^^^^^^^^ •Grantor unless specifically exempted on the face hereof . The requirerrant that a bond be filed does not apply in the event the Permittee is a Governmental Board which derives Its revenue by taxation. ; • • • - ... l«; MAKING REPAIRS If the Grantor shall so elect, repairs to paving which has been disturbed shall be made by employees of the Grantor ^nd the expenses thereof s^^^^^^ by the Perminee. whrshall purchase and deliver on the road the materials necessary for said wo k • as d r^ct^Tv the Grantor a^^ laborers, inspectors, etc.. employed by said Grantor for or on account of the work herein fontemp^ted shall be made by said Permittee forthwith on receipt of written orders, payrolls or vouchers aPP^oved by Grantor. Or the Grantor r^y ellct 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 d°« "Ot 'o ele«, tf« P^^^^^^^ renairs oromotlv In every case, the Permittee shall be responsible for restoring any portion of the highway which has been excavatea or XrXise dTturbed. to its?or;ner condition as nearly as ^y be possible, except ^rarvtor e^c^^^^^^ ref«,« 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 DRAINAGE. If the work herein contemplated shall interfere with the established drainage, ample provision shall be made by the Permittee to provide for it, as may be directed by the Grantor. 17. SUBMIT LOCATION PLAN. Upon completion of underground or surface work of consequence, the Permittee shall furnish plan to the Grantor's District Office, showing location and details of construction. 18 MAINTENANCE The Permittee agrees'by the acceptance of the permit to.exercise reasonable care to maintain properly any encroachment ^aced by It m the high^T to exercise reasonable care m inVpectrng for and i.4,medl3telv reparmg and making good any injury to anv Soroon of he highway which occurs as a result of the maintenance of the encroachment in the highway, or as a result of the work done S this irX'^fcUng an^and all injury to the highway which would not have occurred had such work not been done or such encroachment r^t placed therein. 19 CROSSING ROADWAY. Service and other small diameter pipes shall be jacked or otherwise forced underneath ,f ^a^T"**"!!*;""* disturS^^ng same. Pavement or roadway shall not be cut unless specifically permitted on the face hereof. Service pipes will not be permitted iniide 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 set 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 material shall be placed at one side and when backfilling is started, the rock ma^T\ai shall be replaced to its original position. 25. MAINTAlKl SURFACEi The Permittee shail 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 as specifically directed on the face hereof Cutting of tree roots v«ll not be permitted. Page 3 ADDITIONAL PROVISIONS 27 That portion of the work withm 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 approved by the State highway representative. ' * ' 28. Traffic shall not be diverted nor mterrupted without prior approval ofthe State's representative. 29 SHOULD THE STATE'S REPRESENTATIVE FIND WORK IN PROGRESS PRIOR TO HIS NOTIFICATION HE SHALL STOP SAID WORK FOR A PERIOD NOT LESS THAN THE REMAINDER OF THAT WORKING DAY. Caie shall be used to avoid interference with existing underground facihties All warning signs, and safety devices used by the permittee to perform the work shall conform to (hc lequirements contained in the cunent "Manual of Warning Signs, LightS'and Devices for Use in Performance of Work Upon State Highways" and Section 7-1.09 ofthe State Standaid Specifications. This permit does not nulUfy or affect any County ordinance or permit covering the construction of lhis facility. 30 31 32 33 Woikers-shall wear warning jackets o. vests wlule working in and around the traveled way oi shouldei aiea 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 m connection with the necessary tests as may be lequiied by the State's representative to determme the quality ofthe materials used and/oi the in-place compaction 36 All open trench within the improved area shall be backfilled, compacted and temporary repaiis made to the SUI facing 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 fittmg bored hole, no pavement shall be dislurbed or undei cut. Jetting or excessive use of water shall not be permitted The pipe shall be placed withm 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. 38 39 40 All overhead and underground cable installations and gas mains installed within State right of way shall n2C)™ ^^'^ applicable General Orders of the Public Utihties Commission (General Order Nos 95, 128 and The (poles) (anchors) shall be back of the highway gutter or berm, clear of traveled 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 Department of Transportation prior to beginning work Cancellation or expiration ofthe bond will immediately cancel this permit 42. All work' shall be coordmated 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 woik performed under adjacent highway contract. 43 All maintenance of the pioposed 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 herem, but rather retains a conti actor to mstall the facihty, the following provisions shall apply. (a) A separate permit shall be issued to the permittee's contractor foi work mvoived in mstalhng the facility (b) Unless the permittee is bonded for the work, the permittee's contractor shaU be required to post a surety bond with the State, before begmning work, to guarantee comphance with the permit piovisions 45. Access to the job site shall be from outside the nght of way The existing fence shall be temporanly realigned to exclude the working area from the fenced freeway right of way At the completion ofthe work the fence shall be reinstalled on the onginal alignment to the satisfaction of the State's lepresentative Any fence materials damaged shall be replaced with new materials ofthe same kind and quality as the ongmal materials E P (Reu 5/75) 46. NON-DISCRIMINATION REGULATIONS: The permittee for himself, his personal representatives, successors in interest and assigns, as part of the consideiation 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 discnmination, (3) thai 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 T^-^p-artment of Tiansportation-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-discrimination 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.