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Home My WebLink About04-20022246 '" ENCROACHMENT PERMIT CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT 1501 TRUXTUN A VB BAKERSFIELD CA 93301 (661) 326-3724 TO THE CITY ENGINEER OF THE CITY OF BAKERSFIELD CALIFORNIA: Pursuant to the provisions of Chapter 12.20 of the Bakersfield Municipal Code, the undersigned applies for a permit to place, erect,.use and maintain an encroachment on public property or right of way as therein defined, Application Number , , , , , 04-20022246 Date 2/05/04 pin number , , , , , . ,118352 Property Address , , . 8101 ASHE RD Application description " PW, ENCROACHMENT PERMIT ' ,,>,' Owner Contractor OWNER/BUILDER BAKERSFIELD CA 93301 ----------------------------------------------------- Permit , . , . , Additional desc , Phone Access Code Permit Fee . , . Issue Date , , . ENCROACHMENT PERMIT 176065 150.00 2/05/04 valuation o Qty Unit Charge Per 1,00 150,0000 EA PW ENCROACHMENT Extension 150,00 ----------------------------------------------------- Special Notes and Comments INSTALL FENCE FOR SHEEP GRAZING AT CITY WASTE WATER PLANT - OK PER DERRILL WHITTEN - INSURANCE OK Fee summary Charged Paid Credited Due ----------------- ---------- ---------- ---------- ---------- Permit Fee Total 150,00 150.00 ,00 ,00 Grand Total 150,00 150,00 ,00 ,00 Applicant acknowledges the right of the City Engineer, pursuant to the Bakersfield Municipal Code Chapter 12.20 to revoke the permit at any time. t;- ~'#uff,~ Signat re of Appli ant Owner! gent) J U~ /PO 'I Elt.J. t. h17 Print Name . I HEREBY CERTIFY THAT I HAVE MADE AN INVESTIGATION OF THE FACTS STATED IN THE FOREGOING APPLICATION AND FIND THAT THE MAINTENANCE OF SAID ENCROACHMENT (1) WILL (NOT) SUBST ANTIALL Y INTERFERE WITH THE USE OF THE PLACE WHERE THE SAME IS TO BE LOCATED AND (2) WILL (N ) CONSTITUTE HAZARD TO PERSONS USING SAID PUBLIC PLACE; SAID APPLICATION IS T F (0 D (DE ). Said permit shall expire on date stated above, \ Si Additional Terms on the Back (p ~ - cd. ;).. 21 ~ Applicant agrees that if this application is granted, applicant shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by applicant, or in any way arising from, the terms and provisions of this permit or the placement, use (by applicant or any other person or entity) or maintenance of said encroachment, whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. The applicant further agrees to maintain the aforesaid encroachment during the life of the said encroachment or until such time that this permit is revoked. Applicant further agrees that upon the expiration of the permit for which this application is made, if granted, or upon revocation thereof by the City Engineer, applicant will at his oWn cost and expense remove the same from the public property or right of way where the same is located, and restore said public property or right of way to the condition as nearly as that in which it was before the placing, erection, maintenance or existence of said encroachment. Applicant further agrees to obtain and keep all liability insurance required by the City Engineer in full force and effect for however long the encroachment remains. Applicant shall furnish the City Risk Manager with a certificate of issuance evidencing sufficient coverage for bodily injury or property damage liability of both and required endorsements evidencing the insurance required. J.c I have read and acknowledge the above, _Applicant's Initials I _. - I . "! '-~l~':: t.:~~_~~~~ ~'_.:~~-~_:~'Yf~'>f~.ro;:.' ~.-. 'I'" .~ 1.__........: .- ~---;Z'-::C/ 2'*:~- .. t.. 'Y~~'STATE OF CALIFORNIA' DEPARTMENT OF TRANSPORTATION , ENCROACHMENT PERMIT il'R.0120 (NEW 9/91) Permit No" . In compliance with (check one): 0698-NRP-0147 Dist/Co/Rte/PM , 06/Ker/ 99/ ,21:082 ~ x Your application of Febru 19, 1998 of of, ae Utility Noti~e No. ~ Agreement~o" R/W Contract No, March 9, 1998 Fee Pai ' Deposit of $ Bon~ ' Comp~ny' '. ' $ 0.00 Amount (1) Payment Bon Amount (2) $ TO: I City of Bakersfield -,Public Wks. Dept. 1501 Truxton Ayenue Bakersfield"Ca 93301 Bond Number (2) ATTN: John Flores I PHONE: (805)-326-3724 and'subjed-tb thef611owing, PERMISSION " I, ' PERMITTEE IS HEREBY GRANTED to: enter upon State Highway KER-99 right-ot-way at the White Lane QC Br; #50-248 (postmile 21.08) to cold plane, overlay and resurface the existing road surface as shown on the sheet 3 ot the attached approved plans. The work included in this permit-shall be accomplished in strict accordance with all items of, the attached "D~partment of Transportation Encroachment Permit General Provisions TR-0045 (Rev, 9/95)" in genaral and In particular to the following: I. NOTIFY: In accordance with Item 6, Permittee shall notify the Department's Representative, two (2) days In advance of the intent to begin work under this permit: ***NOTIFY CALTRANS FIELD REPRESENTATIVE: RON VANCE, 805-395-2576*** The following attachments ore also included os port of this permit, In addition to fee the permittee will be billed (Check applicable): actual costs for: X Yes Yes Yes ~ Yes No -X No X No No General Provisions Utility Maintenance Provisions Special Provisions A Cal-OSHA permit required prior to beginning work; # If any excavation is deeper than 5' Yes L Yes L Yes L No No Review Inspection Field Work (If any Caltrans effort e~pended) Ye~. X'f\lo The lnforl/rlaftioh~ in th~ ll!lvironmen!ol, doc~,!!~nt(]!ie!J h?,f~~'fey,l~~~~and c~~ed'pri!'r'~ approya, 0, t IS permit. ' .?' " , This 'permit is void unless t~e work fS'tc;rnplete~f~~fore -August 31, 1998. - ...'-~...~.. "~''''''' - -...' .,., h" ~ -". This pe~mit is to bl:l strl,c:tly con~trued and?o ~~e~ work o~h~r t~q'l ~ffii=!fically ~entiol)ed is ~er~~rRPm~rii~d,<L"~~"" .., No prOled work s~oll,be commenced until all bther necessary permll$'and ~I1VIrQ ,m I)tal c1~(m:m.<:~s, bave be<<:ln Q t ineq, RC (3), (0), ~ . APPROVED:, n, . i.-'~. . '. .' . cc: DO, RWV, SlM (2) "~ ' ':~: -I" ' - .j, attach: T-11, Pehnittee'~ Dra~,ng. ......'.. District',6, ~CEtntral Re ion I ' Branr;h ;-~ i. &Ige 1 of 4 '- '- ~ . t ,NAME: City af Bakersfield, Public Wks, Dept, PERMIT #: 0698-NRP-0147. DATE: March 9, 1998 II. AUTHORIZED CONTRACTORS: Your prime contractor will be issued an encroachment permit to do the work upon submittal of following items to the Office of Permits, Department of Transportation, 1352 West Olive Ave., P.O. Box 12616, Fresno, CA 93778, Ph: (209) 488-4086, 1. A Standard Encroachment Permit Application, " 2, Certificate of Liability Insurance naming the State, its Officers & Employees as additional insured provided by a company authorized to transact business in the State of California, 3, Deposit of $280,00 for inspection by CALTRANS Field Engineer, The deposit allows for 1 hour of review time and 3 hours of Caltrans inspection, If less hours are used, the Contractor will be refunded the difference, If more hours are required, the Contractor will be billed for the difference, Any Contractor or Subcontractor(s) 'not listed in Permittee's approved Contractor list is required to apply for and obtain an encroachment permit prior to starting work in state right of way. III. THE WORK INCLUDED IN THIS PERMIT WITHIN THE STATE RIGHT-OF-WAY SHALL BE ACCOMPLISHED IN STRICT ACCORDANCE WITH THE ATTACHED "DEPARTMENT OF TRANSPORTATION ENCROACHMENT PERMIT GENERAL PROVISIONS TR-0045 (REV 9/95)" IN GENERAL AND THE FOLLOWING IN PARTICULAR: Item 7, Standards Of Construction and the following: SURVEY MONUMENTS: In addition to the requirements of Department of Transportation Standard Specifications July 1995 Section 7-1.11, "Preservation of Property" and Section 8771, Business and Professions Code, the permittee shall physically inspect the work site and locate survey monuments prior to commencement of work.' Monuments shall be referenced or reset in accordance with the requirements of the Business and Professions Code. EXISTING PAVEMENT: Existing pavement edge shall be saw cut to achieve a smooth straight edge with no raveling or cracking, All edges of existing AC shall be cleaned and a coat of asphaltic emulsion (paint binder) shall be applied prior to placement of permanent paving. Other pavement joint methods shall be approved by the engineer. SAW-CUT: AC pavement shall be sawcut to achieve a smooth, straight, square edge with no raveling or cracking unless another, means is approved by Caltrans Engineer, ASPHALT CONCRETE: Asphalt concrete shall be furnished and placed in accordance with the applicable portions of Section 39, Department of Transportation Standard Specifications July 1995, "Asphalt Concrete" except Sections 39-8,01 and 39-8.02 "Measurement" and "Payment", respectively, shall be deleted. AGGREGATE SUBBASE: Aggregate subbase shall be native material, compacted to 95% and placed in accordance with Sections 25-1.01 through 25-1.05, Department of Transportation Standard Specifications July 1995, "Aggregate Subbases", AGGREGATE BASE: Shall be furnished and placed in accordance with Sections 26-1.01 through 26-1.05, Department of Transportation Standard Specifications July 1995, "Aggregate Bases", ' EXCAVATION AND BACKFILL: Materials generated from excavation shall be placed at locations to cause the least amount of obstruction to traffic and pedestrians. All asphaltic concrete (AC) and Portland cement concrete (PCC) shall be removed and disposed of outside the Highway R!W in a manner that will not leave a hazardous or unsightly condition. Excavated material shall be removed from the R!W at the end of each working day. Page 2 of 4 ::','Q ,NAME: City of Bakersfield, Public Wks, Dept. PERMIT #: 0698,NRP,0147 DATE: March 9, 1 998 Excavation and backfill not specifically covered by these proVIsIOns shall be governed by applicable provisions of section 19 "Earthwork" of Caltrans Standard Specifications dated July 1995, Prior to placing successive structural layers, each layer shall be graded and compacted, and shall meet the grading tolerance specified by the appropriate provision of Caltrans Standard Specifications, dated July 1995, Sufficient water shall be mixed with backfill material to insure compliance with compaction requirements, At locations wJ;lere an existing water supply is not available, a water truck with sufficient capacity shall be on the job and in use at all times that backfill is being performed. Ponding and or jetting of backfill is strictly prohibited. TRENCHING: Trenching may be performed by use of any commercially constructed trenching equipment. Any, trencher that causes undue damage to existing pavement or highway facilities during operations shall not be allowed to continue and shall be removed from the right of way, TRAFFIC STRIPING AND PAVEMENT MARKING: Traffic striping and pavement marking shall be located and be of the type required by Chapter 6, Caltrans Traffic Manual. Replacement and new traffic striping and pavement markings shall be furnished and installed in accordance with the applicable portions of Section 84, Department of Transportation Standard Specifications July 1995, "Traffic Stripes And Pavement Markings" except Sections 84- 2,05, 84-2,06,' 84-3.06 and 84-3~07 "Measurement" and "Payment" shall be deleted. Item 9. Permit At Work Site Item 12, Pedestrian And Bicyclist Safety When the work area encroaches upon a sidewalk, walkway, or crosswalk area, special consideration must be given to pedestrian safety. Protective barricades, fencing, handrails ,and bridges, together with warning and guidance devices and signs must be utilized so that the passageway fof pedestrians, especially blind and other physically handicapped, is safe and well dgfined, Item 13. Protection Of Traffic and the following: CONSTRUCTION SIGNS: Permittee shall install and maintain construction zone signs whenever work, is being performed within the State right-of-way, LANE CLOSURE: Whenever there is work within six feet of a traffic lane, the permittee shall close the lane by placing appropriate advance signs, flag trees, reflective cones and furnish all necessary safety devices including flagmen and flashing arrow boards, to properly protect and direct highway traffic in conformance with the attached Department of Transportation Standard Plan ,No. T-11 "Traffic Control System for Lane Closure On Multi Lane Conventional Highways". The full width of the traveled way shall be opened for use by public traffic on Saturdays, Sundays and designated legal holidays, after 3:00 p.m, on Fridays and the day preceding designated' legal holidays, and when construction operations are not actively in progress, Designated legal holidays are: January 1st, the third Monday in January, the third Monday in February, the last Monday in May, July 4th, the first Monday in September, November 11th, Thanksgiving Day and the day after, and December 25th. When a designated legal holiday falls on a Sunday, the following Monday shall be a designated legal holiday. When November 11th falls on a Saturday, the preceding Friday shall be a Designated legal holiday. ' I All the work in the scope of this permit should be accomplished between the hours of 9:00 am and 3:00 pm on a regular work day from MONDAY-FRIDAY, or as otherwise authorized by the Caltrans Fi~ld Representative, Page 3 of 4 ~\. ,NAME: City of Bakersfield - Public Wks. Dept. PERMIT #: 0698-NRP.0147 DATE: March 9, 1 998 , Item 14, Minimum Interference With Traffic Item 16, Care .of drainage and the f.oll.owing: Existing drainage pattern shall n.ot be impaired. Any change in the existing drainage pattern, whether .occasi.oned by increase .or diversi.on, and the c.ost .of any damage, repair .or rest.orati.on .of the State highway right .of way, shall be the resp.onsibility .of the permittee, Item 17. Rest.orati.on And Repairs In Rights Of Way Item 27, Resp.onsibility For Damage and the f.oll.owing: Any damages t.o private .or public facilities shall be immediately rep.orted t.o CDC Representative and repaired .or replaced t.o standards and/or the facility .owner requirement, at the expense .of the Permittee, The Permittee shall be resp.onsible f.or l.ocating and protecting all undergr.ound facilities that may be in w.ork areas, Before any excavati.on the permittee shall call USA UNDERGROUND ALERT @ ph.one 1-800-642-2444. IV, SPECIAL PROVISIONS CAl TRANS TRAFFIC lOOPS: There are existing Caltrans Traffic loops on White lane with in the vicinity of this project. All the damaged/affected loops shall be replaced by the Permittee at their own expenses. Contact Caltrans Electrical Official Cliff Terry @ (805)-395-2595 before starting work on this permit. MISCEllANEOUS: All c.ost incurred f.or w.ork within State right .of way pursuant t.o this Encroachment Permit shall be b.orne by the Permittee, and the Permittee hereby waives all claims f.or indemnifieati.on .or c.ontributi.on fr.om the State f.or such w.ork. W.ork shall be left in a clean, well gr.o.omed c.onditi.on as directed by Caltrans Engineer or Inspect.or, L.ocation markers are t.o be placed near the right-.of-way as p.ossible, Any w.ork n.ot c.overed by plan .or c.onditi.ons .of this permit shall be c.ompleted in accordance with current Caltrans Standards as directed by Caltrans Field Representative, Equipment and vehicles shall be placed as far from the edge .of traveled way as p.ossible, All Pers.onnel working within the State Highway right-.of-way shall wear the required .orange vest, jacket or shirt. If at any time the Permittee's installati.on bec.ome in c.onflict with any expansi.on .or impr.ovements .of the State highway facilities, the Permittee will rel.ocate .or l.ower, as the case may be, the c.onduit .or .other facilities as required by Caltrans at the expense .of the Permittee and with n.o c.ost .or .other claims t.o Caltrans, CONFLICT WITH STATE CONTRACTS: If f.or any reas.on this w.ork c.omes in c.onflict, with w.ork in pr.ogress under State C.ontract and b.oth .operati.ons cann.ot be acc.omplished at the same time, the State C.ontract work shall take precedence. LANDSCAPE GUIDELINES: Disturbed areas .on State right .of way that are landscaped shall be replaced in kind, CONDITIONS: Beginning work .on this permit c.onstitutes full agreement and acceptance .of all c.onditi.ons menti.oned ab.ove, Page 4 of 4 ST.A~E OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION 7ENCRO~CP.MENT PERMIT GENERAL PROVISIONS TR.0045' (REV, 9/95) 1. AUTHORITY: Encroachment permits are issued under the authority given the Department, Div, 1, Chpt. 1, Art. 3 in accordance with Div, 1, Chpt. 3, Art. 1, Sect. 660 to 734 of the Streets and Highways Code, 2, REVOCATION: Encroachment permits 'are revocable on five days' notice I unless otherwise stated on the permit, and except as provided by law for public corporations, franchise holders, and utilities. These General Provisions and the Encroachment Permit Utility Provisions are subject to modification or abrogation at any time, Permittees' joint use agreementsl franchise rights, reserved rights, or any other agreements for operating purposes in State highway rights of way are an exception to this revocation, 3. DENIAL FOR NONPAYMENT OF FEES: Failure to pay permit fees when due can result in rejection of future applications and denial of permits, 4, ASSIGNMENT: No party other than the Permittee or permittees' authorized agent is allowed to work under this permit. 5, ACCEPTANCE OF PROVISIONS: Permittee understands and agrees to acceptance of the provisions and all attachments to this permit, for any work to be performed under this permit. 6, BEGINNING OF WORK: It is the responsibility of the Permittee to notify the Departments' Representative, two (2) days in advance of the intent to begin work under this permit. Permittee shall notify the Departments' Representative if the work is to be interrupted for a period of five (5) days or more, unless a prearranged continuance of work agreement had been made, All work shall be performed on weekdays during regular work hours, excluding holidaysl unless otherwise specified in this permit. 7, STANDARDS OF CONSTRUCTION: All work performed within highway rights of way shall conform to recognized construction standards and current Department Standard Specifications, High and Low Risk Facility Specifications, and Utility Special Provisions, Where reference is made to "Contractor and Engineer", these are amended to be read as "Permittee and Department Representative", 8. INSPECTION AND APPROVAL: All work shall be subject to monitoring, and inspection. Upon completion of work permittee shall request a final inspection for acceptance and approval by the Department. The local agency permittee shall not give final construction approval to its contractor until the local agency has obtained final acceptance and approval from the Department. 9. PERMIT AT WORKSITE: The Permit Package or a copy of, shall be kept at the work site and must be shown upon request to any Department Representative or Law Enforcement Officer, It is a violation of permit conditions and work shall be suspended if the Permit Package is not kept and available at the work site, 10, CONFLICTING ENCROACHMENTS: Permittee shall yield start of work, to ongoing prior authorized work adjacent to or within the limits of the project site, When existing encroachments conflict with new work, the Permittee is solely responsible for any and all cost for rearrangements necessary (relocation, alteration or removal of), 11, PERMITS FROM OTHER AGENCIES: This permit shall be invalidated if the Permittee has not obtained all permits necessary and required by law, from the Public Utilities Commission of the State of California (PUC), California Occupational Safety and Health Administration (CAL-OSHA), or any other public agency having jurisdiction, 12. PEDESTRIAN AND BICYCLIST SAFETY: A safe minimum passageway of 1,21 meter (4') shall be maintained through the work area, where pedestrian or bicycle facilities are existing, At no time shall 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 shall be installed at the limits of construction arid in advance of the limits of construction at the nearest crosswalk or intersection to detour pedestrians to facilities across the street. 13, PUBLIC TRAFFIC CONTROL: Required by law I the Permittee is to provide traffic control protection of warning signs, lights, safety devices and other measures for the safety of the traveling public. Day and Nighttime lane closures shall be in compliance with the Manual of Traffic Controls, Standard Plans and Standard Specifications for traffic control systems. It is not intended, as to third parties, to impose on the permittee any duty or standard of care, greater than or different from, as required by law. 14. MINIMUM INTERFERENCE WITH TRAFFIC: Work shall be planned and conducted so as to create the least possible inconvenience to the traveling public, traffic shall not be unreasonably delayed. On conventional highways, Permittee is authorized to place properly attired f1agger(s) to stop or warn the traveling public. All flagging procedures shall be in compliance with the Manual of Traffic, Controls and Instructions to Flaggers pamphlet. 15, STORAGE OF EQUIPMENT AND MATERIALS: Equipment and Material storage in State rights of way shall be in compliance Standard Specifications, Standard Plans and Special Provisions, Where any Permittee obstacle is placed within twelve (12) feet of a lane carrying publiC traffic, the Permittee shall install temporary railing (Type K), 16, CARE OF DRAINAGE: Permittee shall provide alternate drainage for any work interfering with an existing drainage facility in compliance with the Standard Specifications, Standard Plans and/or as directed by the Department's Representative, 17. RESTORATION AND REPAIRS IN RIGHTS OF WAY: Permittee is responsible for restoration and repair of State Highway rights of way resulting from permitted work, per State Highway Code, Sections 670 et. seq, 18, RIGHTS OF WAY CLEAN UP: Upon completion of work Permittee shall remove entirely and dispose of all scraps, brush, timber, materials, etc., off the rights of way, The aesthetics of the highway shall be as it was before work started. 19, COST OF WORK: Unless stated in the permit, or separate written agreement, all costs incurred for work within the State rights of way pursuant to this encroachment permit shall be borne entirely by the Permittee. Permittee hereby waives all claims for indemnification or contribution from the State for any such work, 20, ACTUAL COST BILLING: When Permittee is to be billed actual costs, (as indicated on the face of the permit), such costs will be at the currently set hourly rate for encroachment permits, 21, AS-BUILT PLANS: When required, Permittee shall submit one (1) set of as,built plans in compliance with Department requirements, Plans shall be submitted within thirty (30) days after completion and approval of work, 22. PERMITS FOR RECORD PURPOSES ONLY: When work in rights of way is within an area under a Joint Use Agreement (JUA) or a Consent to Common Use Agreement (CCUA), an Exempt Permit will be issued to the Permittee for the purpose of providing a notice and record of work, All prior rights of the permittee shall be preserved, no new or different rights or obligations are intended to be created, "Notice and Record Purposes Only" shall be stamped across the face of the permit. STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION ENCROACHMENT PERMIT GENERAL PROVISIONS TR-0045 (REV, 9/95) 23. BONDING: Permittee shall file the necessary bond(s) in advance, in the amount set by the Department. Failure to maintain bond(s) in full force and effect will result in suspension of all work and permit(s), Bonds are not required of public corporations or privately owned utilities, unless said Permittee failed to comply with the provisions and conditions under a prior permit. Your surety company will be responsible for any latent defects until such time as is provided for in California Code of Civil Procedures, Section 337,15, Local agency permittee shall comply with requirements established as follows: In recognition that project construction work done on State property will not be directly funded and paid by State" for the purpose of protecting stop notice claimants and the interests of State relative to successful project completion, the local agency permittee agrees to require the construction contractor furnish both a payment and performance bond in the local agency's name with both bonds complying with the requirements set forth in Section 3-1,02 of State's current Standard Specifications prior to performing any project construction work, The local agency permittee shall defend, indemnify, and hold harmless the State, its officers and employees from all project construction related claims by contractors and all stop notice or mechanic's lien claimants, The local agency also agrees to remedy, in a timely manner and to State's satisfaction, any latent defects occurring as a result of the project construction work, 24. FUTURE MOVING OF INSTALLATIONS: Permittee understands and ~grees that upon request of the Department, whenever State construction, reconstruction or maintenance work on the highway requires a permitted installation to be rearranged, the Permittee at his sole expensel unles,s under a prior agreement; JUA, and CCUA, shall comply with said' request. 25, ARCHAEOLOGICAL: Should any archaeological resources be revealed in the work vicinity, the Permittee is responsible for; notifying the Department's Representative immediately, retainment of a qualified archaeologist who shall evaluate the archaeological site and make recommendations to the Department Representative regarding the continuance of work. 26. PREVAILING WAGES: Work performed by or under a permit may require Permittee's contractors and subcontractors to pay , appropriate prevailing wages as set by the Department of Industrial Relations, Inquiries or requests for interpretations relative to ,enforcement of prevailing wage requirements should be directed to State of California Department of Industrial Relations, 525 Golden Gate Avenue, San Francisco, California 94102, 27, RESPONSIBILITY FOR DAMAGE: The State of California and all officers and employees thereof, including but not limited to the Director of Transportation and the Deputy Director, shall not be answerable or accountable in any manner for injury to or death of any person, including but not limited to the permittee, persons employed by the permittee, persons acting in behalf of the permittee, or for damage to property from any cause. The permittee shall be responsible for any liability imposed by law and for injuries to or death of any person, including but not limited to the permittee, persons employed by the permittee, persons acting in behalf of the permittee, or for damage to property arising out of work, or other activity permitted and done by the permittee under a permit, or arising, out of the failure on the permittee's part to perform his obligations under any permit in respect to maintenance or any other obligations, or resulting from defects or obstructions, or from any cause whatsoever during the progress of the work, or other activity , or at any subsequent time work or other activity is being performed under the obligations provided by and contemplated by the permit. The permittee shall indemnify and save harmless the State of California, all officers, employees, and state contractors, thereof, including but not limited to the Director of Transportation and the EP 94 0005 ,~ J" ~.J~' Deputy Director, from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any personl including but not limited to the permittee, persons employed by the permittee, persons acting in behalf of the permittee and the public, or damage to property resulting from the performance of work or other activity under the permit, or arising out of the failure on the permittee's' part to perform his obligations under any permit in respect to maintenance or any other obligations, or resulting from defects or obstructions, or from any cause whatsoever during the progress of the work, or other activity or at any subsequent time work or other activity is being performed under the obligations provided by and contemplated by the permit, except as otherwise provided by statute. The duty of the permittee to indemnify and save harmless includes the duties to defend as set forth in Section 2778 of the Civil Code, The permittee waives any and all rights to any type of expressed or implied indemnity against the State, its officers, employees, and state contractors, It is the intent of the parties that the permittee will indemnify and hold harmless the State, its officers, employees, and state contractors, from any and all claims, suits or actions as set forth above regardless of the existence of degree of fault or negligence, whether active or passive, primary or secondary, on the part of the State, the permittee, persons employed by the permittee, or acting on behalf of the permittee. For purposes of this section, "state contractors" shall include contractors and their subcontractors under contract to the State of California performing work within the limits of this permit, 28. NO PRECEDENT ESTABLISHED: This permit is issued with the understanding that it does not establish a precedent. 29, FEDERAL CIVIL RIGHTS REQUIREMENTS FOR PUBLIC ACCOMMODATION : A, 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 grounds of race, color, or national origin shall be excluded from partiCipation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, 2.) that in connection with the construction of any improvements on said lands and the furnishing of services thereon I no discrimination shall be practiced in the selection of employees and contractors, by contractors in the selection and retention of first-tier subcontractors in the selection, of second-tier subcontractors, 3.) that such discrimination shall not be practiced against the public in their access to and use of the facilities and services provided for public accommodations (such as eating, sleeping, rest, recreation), and operated on, over, or under the space of the right of way, 4.) that the permittee shall use the premises in compliance with all other requirements imposed pursuant to Title 15, Code of Federal Regulations, Commerce and Foreign Trade, Subtitle A. Office of the Secretary of Commerce, part 8 (15 C,F.R. Part 8) and as said Regulations may be amended, B, That in the event of breach of any of the above nondiscrimination covenants, the State 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, 30, MAINTENANCE OF HIGHWAYS : The permittee agrees, by acceptance of a permit, to properly maintain any encroachment. This will require inspection and repair of any damage to State facilities resulting from the encroachment. J Ad~e wor!!!!!i al~_ ISO m to 225 m ""ort. ! Se. hat. I. ISO m to 225 m ~I ~I ... III Q,05[lI ClO5[ll [!J [!J C20 lRtl C20 lRtl SIGN PANEL SIZE (MInI [!J 900 mm x 900 mm ([J 1200 mm x 450 mm ... ill 900 men x 450 mm I!I ISO mm x ISO mm - - - - .... I\) c,.) , IlII AD 6.0' IORK ~ AIlEA cia [!J C23 ([] See hates 2 and 4 NOTES L .he.... apprOach speedS cr. tow. alona may be placed at 90 AI spoclng. and In urban areas. closer. 2, AI advoncl warning algn lnatallotlons shot be equipped with flogs for daytime CI05......s. 3, A CI3 "EIIl COHSIRIJCTlON" ar CI4 "EIIl ROAD IQRt(" a1gn. oa __lot., anal be p1ac.d ot the .nd of the tone cJo$lTe ~esa the end of work ar.a 18 Obvious. or enda wlthln a 101"'0.'" project "mite.. 4. If tn. Cl8 (or e23l al9f'\ wOUld fo8Ow within 600 m of 0 .totlonory CI8, C23, or 01 "SlATE _U CONSTRUCTION NEXT_lII.ES",uae 0 C20 819" for tho first advance WOI"'nlnQ slon. 5. "1 cones uaod for night lone clOSl.Jr'"ea ahoII be fitted with reflectlv. sleeve.s os apeclfled In the apeclflcotlona. ~I I ~ " ~, .' ~.. TYPICAL LANE CLOSURE - - T oplr length III S.. T oble 1 - .-... . . . ~ See Not. 1 - . . . . . ... ~~~~~ ... - . [;1;)0. ~ CI3 III CI4 If] See Note 3 fA -f 0 LEGEND 'V . Trofflc Cone r- . PortOlll. Sign :a- Z - Direction of Trovel (<< Floshlrl9 Arrow Sign -f .. .. TABLE I 6. Portable dellneotora. placed at oneeholf the spoclno indicated for traffic cones. may be us.d In lieu of cones for daytime closlX"o. only. 7, FlOshInQ orrow algn aholIbe .Ither Type 1 or Typ. IL 8. The maximum Sl)oclllQ betw.en cones In 0 tcpor shall be opproxlmotety os Sho.n In lobi. I and IS m moxlmum apoclng on tonoent. 9. For apprOQCh _Ide over 80 kmll1, use the "Traffic Control System for Lone CIoStr. On fr...aye ~ Expressways'" plan for' tone closU"". d.tons and requirements. lporooch Speed (km/nl lop." Leooth ILl ~er Spacing of of Cones con;-~:~ for Toper 1m) t 0-40 38 6 7.5 40-60 98 9 12 60,80 182 13 15 Ov.r 80 S.. Notl 9 . 80aed on 3,6 m wid. lone, Thla column 15 also appropriate for 50ne widthS less thOn 3,6 m. STATE OF CAlifORNIA DEPARTMENT OF 7RANSPORT AT'DN TRAFFIC CONTROL ON MULTILANE CLOSURE HIGHWAYS SYSTEM FOR LANE CONVENTIONAL NO SCALE All DIIlEIIS.ONS ARE III U.Ll'IlEIERS UlLESS OTHU.,SE _ T11