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HomeMy WebLinkAboutCalifornia, State of; 1980-06-30;r To f STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION f No. 1180-E-764.556 11 SD-78 mCHMENT PERMIT 1.50 \<0 City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92114 GENERAL Permit Effective Date Permit Expiration Date _ Bond: Amount S June 30 Jnne ^0 TTiThil nanr.elled None California 19 80_ 19 SQ_ 19 In compliance with your request of. June 24 70 80 and subject to all the terms, conditions, and restrictions wntten below, or pnnted as general and special provisions on any part of this form andjor attached hereto. PERMISSION IS HEREBY GRAMTED TO enter Upon State Highway E/W on Ete. SD-78, P.M. 1.50, right side, to install herein authorized median paving & landscaping as shown on the attached plans and as further required herein. At least one 12' lane shall be kept open for uninterrupted passage of traffic at all times. All work shall be done to the satisfaction of the State's Inspector who shall have the authority to modify, change, add to or delete any of the requirements stated herein. This project has been reviewed and is categorically exempt. THE HEREIN AUTHORIZED WORK SHALL BE COIVIPLETED BY September ^0, I98O The State highway inspector shall be notified three days before work is begun and also upon completion of the work. M. C. Clary's office. Telephone: i;?45-2808 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 44(a), 46 ELC:da DISTRIBUTION: Permits Superintendent -MCClary Inspector -MCClary Permittee DEPARTMENT OF TRANSPORTATION DISTRICT U District PShfhit Engineer Donald E. Newman FORM HM-P-202-A (Rev 3/76) f GENERAL PROVISIONS - E- P (Rev. 10-26-72, SDI 1 DEFINITION This permit is issued under Chapter 3 of Division 1 of the Streets and Highways Code. The term encroachnwnt is used in this permit 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 ESTABLISHEO. 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 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 bv law, secure the wntten 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. Adequate orovision shall be made for the protection of the traveling public. 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. 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 RIGHT 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. 11. .SUPERVISION OF GRANTOR. All the work shall be done subject-to the supervision of, and to the satisfaction of, the Grantor. 12 FUTURE MOVING OF INSTALLATION. It is understood by the Permittee that whenever construction, reconstruction or rnaintenance • work on the highway may require; the installation provided for herein shall, upon request of the Grantor, be imnnediately moved by, and at the sole exppnse of, the Permittee. ,. . ' ' • 13 EXPENSE OF INSPECTION. On work which requires the presence of an employee of the Grantor as Inspector, the salary, traveling expense and other incidental expense .of.such inspection during the work shall be paid by-the Permittee upon .presentation of a bill therefor. , , ^ t- , • - . - - - , • ^ 14 LIABILITY.FOR DAMAGES. The Permittee is responsible tor 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 "^ligations under th.s pe^^^^ l^vee maintenance. In the event any claim of such liability is made against the State of California, or ^"V Ji^^^^-^f"^'^' thereof. Permittee shall.defend, indemnify and hold them and each of ,them harmless from such claim This permit shall not be ^*J^?]''^J°' any purpose unless and until the above-named Permittee files with the Grantor, a Surety Bond in'the form and a'^""y«'"i''«<L^^ 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 G^f^^or • and the expenses thereof shall be borne by the Perminee, who shall purchase and deliver on the road the materials necessary for said wo k 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 forthviflth on receipt of written orders, payrolls or vouchers approved by Grantor. Qr the Grantor may elect to require a deposit before starting repairs, in an amount sufficient to caver 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 Perniittee 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 DRAINAGE. If the work herem contemplated shall interfere with the established drainage, ample provision shall be made by the Permittee to provide for it,'as nnay 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 permif 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 npt placed therein. 19 CROSSING ROADWAY. Service and other small diameter pipes shall be jacked or otherwise forced underneath pavement without disturbmg same. Pavement or roadway shall not be cut unless specifically permitted on the face hereof. Service pipes will not be permitted in«ide of culvert pipes used as drainage structures. 20. LIMIT EXCAVATION No excavation is to be niade 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 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 as specif ically djrect'ed on the face hereof Cutting of tree roots vwll not be permitted. Page 2 The requirements checked below apply to this permit. ^ All work shall be accomplished with us little inconvenience and/or interference to public traffic as possible. • Working hours shall be from a.m. to p.m. No work shall be done on Saturdays, Sundays, or holidays. • Two-way traffic shall be maintained at all times unless otherwise approved in advance by the State's Inspector. JS[ No work shall be done on Saturdays, Sundays or holidays. Two-way traffic shall be maintained at all times. No vehicles or equipment shall be parked within the highway R/W at any time. Only those vehicles or that equipment actually engaged in the work shall be within the R/W during the working hours specified herein. • No drop-off adjacent to the edges; of existing pavement will be permitted during nonworking hours or days. Prior to leaving the job site at the end of the working day, any drop-off adjacent to the edge of pavement shall be temporarily backfilled and compacted for a minimum width of 4 ft. Temporary backfill shall be level with the pavement at its edge and shall have a maximum slope of 4:1 away from the pavement. Temporary backfill material shall be base material. • The private road connection shall be constructed to a grade which will provide a reasonable level approach grade (not in excess of 5%) for a minimum distance of 40 ft. from the edge of the State highway. • Provisions for maintaining the existing drainage pattern shall be, as directed or approved by the State's Inspector. • A minimum sight distance of ft. as shown on the attached detail shall be maintained at all times. • Concrete for curbs, gutters, sidewalks and driveways shall contain not less than 470 lbs. (5 sacks) of cement per cubic yard of concrete. • The road connection shall be constructed of ___ in. minimum thickness of asphaltic concrete surfacing material placed over 6 in. of well compacted, suitable base material. Native soil may be used for base material if approved in advance by the State's Inspector. 0 The Permittee is responsible for locating and protecting all utilities both underground and aerial. Any costs incurred for locating and protecting and/or relocating any utilities shall be borne by the Permittee. 0 Any costs incurred by the State incidental to the work herein permitted shall be borne by the Permittee. (See Item 13 ofthe General Provisions.) ^ Attention is directed to the General Provisions and Additional Provisions attached hereto. • • 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. (Includmg replacement of surfacing if required.) Any changes m 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. 30 Care shall be used to avoid interference with existing underground facihties 31 All warning signs and safety devices used by the permittee to perform the work shall conform to the icquirements 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 32 This permit does not nullify or affect any County ordinance or permit covering the construction of this Licility. 33 Woikers shall weai warning jackets or vests wlule workingin and aiound the tiaveled 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 requiied by the State's representative to determine 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 repairs 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 fitting bored hole; no pavement shall be distuibed or undercut. Jetting or excessive use of water shall not be permitted. 38 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. 39. All ovei head and underground cable installations and gas mains mstalled withm State right of way shall n2C)™ applicable General Orders of the Public Utihties Commission (General Order Nos 95, 128 and 40 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 Tunsportation prior to begmning work Cancellation or expiration ofthe bond will immediately cancel this permit 42 All work shall be coordinated with the State highway contractor's operations, and under no circumstances shall Ihe work granted herein interfere All standards of construction shall be identical to similar woik performed under adjacent highway contract 43, All maintenance of the proposed facility shall be conducted from outside the freeway access control hnes. 44 In the event the permittee elects not to perform the installation work granted herem, but rather retains a conti actor to install the facihty, the following provisions shall apply (a) A separate permit shall be issued to the permittee's contractor for work mvoived in mstalling the facility (b) Unless the permittee is bonded for the work, the permittee's contractor shall be required to post a surety bond with the State, before begmning work, to guarantee compliance with the permit provisions 45. Access to the job site shall be from outside the right of way. The existmg fence shalfbe temporarily lealigned to exclude the working area from the fenced freeway right of way. At the completion ofthe woik, the fence shall be reinstalled on the oiiginal alignment to the satisfaction of the State's representative Any fence matenals damaged shall be replaced with new materials ofthe same kind and quahty as the original matenals E P (Rev 5/75) * • 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 discnmination, (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 ncparlment 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-discrimination covenants, the State of California shall have the nght 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.