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HomeMy WebLinkAbout0801-98 -'-. COUNTY OF KERN State of Califomiij\: .... .ul'.-;,.. Resource Manageme~! ~~e~cy, 2700 "M" Street :::> Roads Dep"~rtment.~' Bakersfield,CA 93301 , ",' (80S) 862-8877 /" , " (s05) 862-8987 FAX ENCROACI:IMENT. -PERMIT CITY OF BAKERSFIELD ATTN JOHN FLORES !';5C'..' " 1501 TRUXTUN AVE. ',I '>:-' BAKERSFiELD, CA 93301 ..., (805)326-3574, :/ "" (805)328-1027 FAX " \ \, . Permit No. 0801-98 09/08/98 (Date) CC: TIM DOUHAN 862-8878 In compliance With your request of , contained below and on the reverse side hereof. . ',,:.Q8/31/98 and subject to all the terms, conditions and restrictions' ',\ '***YOU MUST NOTIFY INSPECTOR 24 HOURS PRIOR TO*** ~'*STARTING WORK OR YOUR PERMIT MAY BE REVOKED.** PERMISSION IS HEREBY GRA!'ITEDTO OPERATE EQUIPMENT IN COUNTY RIGHT-OF-WAY WHILE RESURFACING CITY:OF. BAKERSFIELD STREETS. TIE IN TO EXISTING COUNTY RIGHT OF WAY AT. THE FOLLOWING LOCATIONS: ' 1. FRUITVALE AVE. AT 'HAGEMAN RD. (ALSO CONSTRUCT CATCH BASIN AND 18" STORM DRAIN PIPE AT THIS LOCATION) , 2. FRUITVALE AVE. ,AT OLIVE DR. 3. STINE RD., NORTH OF PARK CIRCLE DR. . ALL AS SHOWN ON PLANS FOR ,RESURFACING VARIOUS STREETS 1997-,98, .FEDERAL NO. STPL-51 09-(042) . ' . ' " SPECIAL ATTENTION IS DIRECTED TO ITEM #8 ON THE REVERSE SIDE OF PERMIT. '.{ NO EQUIPMENT TO REMAIN IN COUNTY RIGHT-OF-WAY DURING THE HOURS OF DARKNESS. , EQUIPMENT SHALL BE LOCATED IN SUCH A MANNER AS TO ALLOW TWO-WAY TRAFFIC . TO ~A~S AT ALL TIMES. Notiry RICHARD HERSHBERGER AT 862-8861 ,24 hours prior to starting work, for inspection and prior to any backfill. All at or above ground facilities shall be placed a minimum of 5'8" clear behind ultimate gutter line, l' from property line in alleys. Signing shall be in accordance with Section 21401 of the Vehicle Code of the State of California, the State of California Department of Transportation's Manual of Traffic Controls (Warning Signs, Lights and Devices for Use in Performance of. Work Upon Highways), and as directed by the Roads Department. Permit not valid forwor}(Qutside county maintained right-of-way. FinalInspectionTagmaybeobtaineduponcompletion. '. , ' ; , No work to be performed under this permit on Saturday, Sunday, ,?r holidays. { , This Permit isto'be strictly construed and no work other than that specifically mentioned above is authorized hereby. This permit must be on_~~ job site at all times while work is in progress. ' This Permit s~all be void unless the work herein contemplated shall have bee~ compl~ted before sundown, "f1i20/98; HOWEVER, ALL WORK SHALL BE COMPLETED 30 DAYS' AFTER START OF WORK. This Permit ,is expressly conditioned upon the performance of the work. Failure to so perform said work in accord with SPecili,cationShereinabove set forth shall be deemed an unmemale revocation of tlris penn.l ~ ~.iL .. B~~ . "~/ . ' Signature of Permittee ' Y ROA DEPARTMENT REBECCA L.' SCHMIDT White. Original - Permittee Buff-Duplicate- T.M.D. ' Pink- Triplicate-Inspector (SUBJECT TO ALL TERMS,CONDITIONS, AND RESTRICfIONS ON ALL REVERSE SIDE HEREOF) T,M.D. 580 3050 132 (Rev. }-98) (Front) .' ----....\ , 1, De~niti'?": This permit is issued under Chapter 3 of Division 2, Part 2 of the County of Kern Ordinance Code, and Chapter 5.5 of Article 2 of the Streets and Highways Code, The term "encroachment" is used in this permit as defined in said provision. The term "grantor" shall mean the Transportation Management Department ofthe County of Kern. ,2, J\c,cepta"l=~ ~H;ovisions: Permittee agrees that the ~ing of any work under this permit shall constitutute an acceptance by the Permittee of provisions hereof. A surety bond In a form and amount satisfactory to the Grantor may be reqUIred to ensure performance in accordance with all terms, conditions and restrictions hereof. This permit is granted with the understanding that no precedent shall be established on the question of permitting any certain kind of encroachment within county rights of way, 3. Comply with government code Section 4217: No permit to excavate shall be valid unless the applicant has been provided an inquiry identification number by a regional notification center pursuant to Section 4216, ',' ,- J . ' ','. ' " " _. , 4. Notice Prior to Starting Work: Prior to commencing any work authorized herein, Permittee s~1I ~i~e 24'h';urs n~iice.t~'the' ~rs~n ~pecili~d'~n th~ r~ve~~ side ~~reof. If work is discontinued for a period of twenty. four (24) hours, twenty.four (24) hours notice shall be given before restarting work. " I'. : ; ,';, ' " !.'.'~~<.:jC ":j':' : '_/ '.. ,';. ~~.J! =. 5. Keep Permit on the W,?r~;;-l'his permit shall be kept at the site of the work and upon request must be shown to any representative of Grantor or any Law Enforcement Officer. ' ". - ' ;' :. ~I . II.' 6. Permits from Other Agencies: Permittee shall, whenever required by Iaw,secure a written order or consent to the doing of the work from the California Public Utiliti?s Commission, or any other pubtic board having jurisdiction, and this permit shall not be valid or effective until such order or consent is obtained. I,~:', 7:1' S~b~~ge of M~ie'iial: ":No m~tetial shaliile ~tored ~thin'eightl(8)f~~i of the edge';l pavement or traveled way, or within the shoulder line where the shoulders are wider than eight! (B).feei:Such,material'shall noHl'i SO stored for more ,ttiallilliree' (3) co'nsecutive calendar days, 8. Clean Up Right of .Way: Upon completion of the work) all brush, timber, scraps and other material shall be entirely removed and the right of way left in a condition satisfactory to Grantor. II-\', '_ ,'.' .'- .:.ll..,',J I ::-','J!'..,. '.,,:.; ":'_'..1") , :-:<....f- (I. .-~. ~ .:~/. "-... L; 1_; ~',;~'. .....~11_';.-1 ..';~:! J. i ': 9, Standards of Construction: All work shall conform to recognized county standards of construction and the State of California, Department,of Transportation, Standard Specifications, current edition. The provisions of the permit shall supercede the Standard Specifications, if if1"'bonflict, "'" '., i :) .. ,,;., ' .... J,l ' - :.~~ ;:., . ", '.1.,( .'-,(. l ,_~' :~,:_j .; ~ ..,;'~; .:A:: . ;; 1"._1,\, . - _. .1' _' 10. Supervision of Grantor: All work to be done shall be subject to the supervision and satisfaction of, the Grantor, ,,-, ;'(, "T ,", . , 11. Future Moving of Installation: Permittee agrees that upon request by Grantor, said encroachment will be' iinm~~tel~~rem'6iied at Peimitte~'~ o~.'sbie.t':;sk, cost'and expense. ... "~I ',- ,~~ ,.... '. #' ' ;.. . - f f:''-.;.':'''.':;'' '.,:.",- .'l:!.:~'>.~ 1.1' .::~-, ',,1J"'~I.':".. ~, :, ;:_ ' ,',',_ ~. I~'~ 12. Liability for Damages: Permittee shall indemnity the County of Kern, and any of its officers, employees, servants and agents. and shall defend and hold them \1armless.from any and all claim of liability for personal injury or property damage due to any acts or failure to act in connection with any construction, repair or maihtenance'arising fiorh 'or in connection with any work permitted herein. 13. Making Repairs: Permittee shall promptly make any and all repairs to right of way surfaces and road paving unless Grantor gives notice of its election to make such repairs itself. If Grantor gives such notice, Permittee shall immediately purchase and have delivered at the site materials .specified by Grantor. All payments for labor, equipment and other charges by Grantor for or on account pfsucli '~ork snail be ,made bY:f>erini.ttee wjthin:teo (10) days f~om the ,date of any bill, written qr<!er or voucher, sent by or appro.veq by Grantor. Grantor may require a deposit in an amount sufficient to cover the estimated cost before starting such repairs, 14. Care of Drainage::: it' tl1e'lliofk\~rein conferi-iplaied shall interlere with established drainage, suiable'provision shali be made"6yPermitt~e for th~ situation's6 as-~ot to present a hazard or cause damage. I':.',: - i..'! .t.,~ 'I" ,'.- . ,~, ,; _:' ,_' ; ',- :.:., ~,'.il"l:; 15. Submit Location Plan: After completion o'fundergtound'or'surface work of conseque'nce, Permittee shall, when requested, furnish to the Transportation Management Department an As Built plan showing locatio~ and details, ' . ..,. ~ . ::.", .. 16, Construction and Repair: Permittee shall properly construct,lnaintain and repair any encroachment authorized,herein,aod shall exerc~e r~sonabl,e care in inspecting for ~mediately repairing any injury to the highway which occurs as a result of the existence of said encroachment or as the res0ii"o'f ~ny work 'done hereOnder,' PIPES, CONDUITS, ETC. ! .. 17. Crossing Roadway: Service and other small diameter pipes shall be jacked or otherwise forced underneath pavement without disturbing the surface thereof, Pavement or roadway shall not be cut or otherwise disturbed unless specifically permitted on the reverse side hereof. Service pipes are not permitted inside of culvert structures used as drainage facilities, lB. Limit Excavation: No excavation'shall be made closer than eight (8) feet from the edge of the pavement except as may be specified on the reverse side thereof. 19. Tunneling: No tunneling is permitted except as specifically authorized on the reverse side hereof. 20. Depth of Pipes: There shall be a minimum of thirty.six (36) inches of cover over sewer lines and a minimum of thirty (30) inches over all other pipelines or conduits, 21. Backfilling: All backfilling is to be moistened as necessary and thoroughly tamped, Backfill material shall be of a uniform grading as directed by the Grantor. Backfill shall also comply with any provisions on the face of the permit, 22. Maintain ~ur!ace: ,Permi!:1;o;!e' s~a11 plaintai,n' the. surfa~e '(Y~r ~y "I'd .all~t,;,:,ctpres ,placed h~r~under as long as ,s,am<: ,sl'~\. ex\st. ' 23. Pipes Along Roadway: Pipes and utilities paralleling the pavement shall be located at such distance and at such depth from the pavement as specifically directed on the reverse side hereof. Cutting of tree roots is not permitted. 24. Location Pole Lines: Pole tines shall be located as specifically directed on the reverse side hereof. 25. Public Utilities' Commission Orders, All clearance and type of construction shall be in accordance wtih all applicable orders of the California Public Utilities Commission unless m'or~ ~estrictive provisions ,are required by County Ordinance, -' '\. . :.. 26. Permissiori~rom Property Owners: Whenever'necessary, Permittee shall secure written permission from abutting property owners prior to the starting of any work he'ro;!unde'rr :.'; _,\,~" j r' ROAD APPROACHES, CONNECTING PAVEMENT AND MINOR WORK 27, Grades and Specifications: Grades and types of construction shall be as detailed by plans or stated on the reverse side hereof. T,M.D, 580 3000 120 (Rev, 5/94) (Back) J ~~~.;i~' STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION ENCROACHMENT PERMIT RIDER TR-0122 (REV 5/92) TO: rLity of Bakersfield, Public Works Dept. I 1501 Truxton Avenue Bakersfield, CA 93301 '~, I ATTN: Theodore Wright i PHOto-IE: (805)-326-3724 ~ Collected by N/A Permit No.:.--IGrigino , r/ 0698-NI;JT -0343 Dist/Co/RteJPM ~f! (2v flsl/1 ~ f">>i .s' 10. ? Rider Fee Paid , " $ EXEMPT Date 06lKER-204/ 3.409 Rider Number \ , ~ : In compliance with your request of December 4, 1998, we are hereby amending the above numbered encroachment permit as follows: Janua 7, 1999 0698-N RT -1055 1. Date of completion extended to: Auqust 31, 1999 (Original Permit expired December 31, 1998) I ~ ,PERMIITEE Except as amended, all other terms and provisions of the original permit shall remain In effect. " , '. ~. RSC(l), (0) cc: DO, RWV, STM (2) 1, Permit File No. 0698-NUT-0343 attach: Copy of Permit # 0698-NUT-0343 APPROVED: '" .: ::'7 Bart Bohn Director District 6 - Central Re ion BY: Ray Chopra P.E., Permit Engineer Phone: (805) 862-5180 Kevin L Permit Branch ~;,._..~J. STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION ENCROACHM~NT PEIQ\IIT GENERAL PROVISIONS TR-0045 (REV. 10/98) 1. AUTHORITY: The Department's authority to issue encroachment permits is provided under. Div. I. Chpt. 3. Art. I. Sect. 660 to 734 of the Streets and Highways Code. 2. REVOCATION: Encroachment permits are revocable on five days notice 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 modific:ltion or abrogation at any time. Permittees' joint use agreements. franchise rights. reserved rights or any other agreements for operating purposes in State highway right of W:lY are exceptions to this revocation. 3. D&'IlIAL FOR NONPAYMENT OF FEES: Failure to pay permit fees when due c:m result in rejection of future applications and denial of permits. 4. ASSIGNMENT: No party other than the permittee or permittee's authorized agent is allowed to work under this permit. S. ACCEPTANCE OF PROVISIONS: Permittee understands and agrees to accept these General Provisions and all attachments to this permit. for any work to be performed under this permit. 6. BEGINNING OF WORK:. When traffic is not impacted (see NUmber 35), the' permittee shall 'notify the Department's representative. two (2) days before the intent to start permitted worle. Permittee shall notify the Department's Representative if the work is to be interrupted for a period of five (5) days or more, unless otherwise agreed upon. All work shall be performed on weekdays during regular work hours, excluding holidays, unless otherwise specified in this permit. 7. STANDARDS OF CONSTRUCTION: All work performed 'Within highway right of way shall conform to recognized construction standards and current Department Standard Specifications, Department Standard Plans High and Low Risk Facility Specifications, and Utility Special Provisions. Where reference is made to "Contr:lCtor and Engineer," these are amended to be re:ld as "Permittee and Department representative." 8. PLAN CHA...'\jGES: Changes to plans. specifications. and permit provisions are not allowed without prior approval from the State representative. , 9. INSPECTION AND APPROVAL: All work is 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 fmal acceptance and approval by the Department is obtained. 10. PERMIT AT WORKSITE: Permittee shall keep the permit package or a copy thereof, at the work site and show it upon request to any Department representative or law enforcement officer. If the permit package is not kept and made available at the work site, the work shall be suspended. 11. CONFLI~G 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 shall bear all cost for rearrangements, (e.g., relocation. alteration. removal, etc.). 12. PERMITS FROM OTHER AGENCIES: This permit is invalidated if the permittee has not obtained all permits necessary and required by law, from the Public Utilities Commis.~ion of the State of California (PUC). California Occupational Safety and Health Administration (Cal-OSHA), or any other public agency having jurisdiction. 13. PEDESTRIA.'\j AND BICYCLIST SAFETY: A safe minimum passageway of 1.21 meter (4') shall be maintained through the work area at existing pedestrian or bicycle facilities . At no time shall pedestrians ~ diverted onto a portion of the street used for vehicular traffic. At Io.:ations where s:lfe :llternate pass:lgeways cannot be provided, appropriate signs aOl! barricades shall be installed at the limits of construction and in advance of the Iimi(.~ of construction at the nearest crossw:llk or intersection to detour pedestrians to facilities :lcrO$S the street. " 14. PUBLIC TR-\.FFIC CONTROL: As required by law, the permillee shall provide traffic control protection warning signs, lights, s:lfcty devices, etc.. and talc:e all other me:lSures necessary for traveling public's s:lfety. Day :lnd night time lane closures shall comply with the Manuals of Traffic Controls. Standard Plans. and Standard Specifi~ations for t?ffic control systems. These Geneml Provisions are not tntended to Impose upon the permillee, by third p:lnies any duty or standard of care, gre:lter than or different from. as req~ired byl:lw. IS. MINIMUM INTERFERENCE WITH TRAFFIC: Permittee shall plan and conduct work so as to create the least possible inconvenience to the traveling public; traffic shall not be unreasonably delayed. On conventional highways, permillee shall pl:lce properly attired nagger(s) to stop or warn the traveling public in compliance with the Manual of Traffic Controls and Instructions to A:lggers Pamphlet. 16. STORAGE OF EQUIPMENT AND MATERIALS: Equipment and material stomge in State right of W:lY shall comply with Standard Specifications, Standard Plans, and Special Provisions. Whenever the permittee places an obstacle within 3.63 m (12') feet of the tmveled way, the permittee shall place temporary railing (Type K). 17. CARE OF DRAINAGE: Permittee shall provide a1tem:lte dminage for any work interfering with an existing drainage f:lcility in compliance with the Standard Specific:ltions. Standard Plans andlor as directed by the Department's representative. 18. RESTORATION AND REPAIRS IN RIGHT OF WAY: Permittee is responsible for restoration and repair of State highway right of way resulting from permitted work (State Streets and Highways Code. Sections 670 et. seq.). 19. RIGHT OF WAY CLEAN UP: Upon completion of work, permittee shall remove and dispose of all scraps, brush. timber. materials. etc. off the right of way. The aesthetics of the highway shall be as it was before work started. 20. COST OF WORK: Unless stated in the permit, or a separate written agreement. the permittee shall bear all costs incurred for work within the State right of way and waives all claims for indemnification or contribution from the State. 21. ACTUAL COST BILUNG: When specified in the permit, the Department WIll bill the permittee actual costs at the cunently set hourly rate for encroachment permits. 22 AS-BUlLT PLANS: When required, permittee shall submit one (I) set of as-built plans in compliance with Department's requirements. Plans shall be submitted within thirty (30) days after completion and approval of work. As-Built plans or :lccompanying correspondence shall not include disclaimer statements of any kind. Such statements shall constitute non-compliance with these provisions. Failure to provide complete and signed As-Built plans shall be cause for bond or deposit retention by the Deparonent. 23. PERMITS FOR RECORD PURPOSES ONLY: When work in the right of way is within an area under a Joint Use Agreement (JUA) or a Consent to Common Use Agreement (CCUA). a fee exempt permit is issued to the permittee for the purpose of providing a notice and record of work. The Permittee's prior rights shall be preserved, without the intention of creating new or different rights or obligations. "Notice and Record Purposes Only" shall be stamped across the face of the permit. 24. BONDING: The oermittee shall file bond(s), in advance, in the amount set by the 'Department. Failure to maintain bond(s) in full force and effect will result in the Department stopping of all work and revoking permit(s). Bonds are nOl required of public corpor:ltions or privately owned utilities. unless permittee failed to comply with the provision and conditions under a prior permit. The surety company is responsible for any latent defects as provided 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 St:lte 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-\.02 of State's current Standard Specifications before performing any project construction work. The local agency petmittee shall defend. indemnify. and hold harmless the State. its officers and employees from all project constru<;tion related claims by contractors and all stop notice or mechanic's lien claimants. l1Ie 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. 25. FUTURE MOVING OF INSTALLATIONS: Permittee understands and agrees to rearrange a permitted installation upon request by the Department. for St:lte construction. reconstruction. or maintenance work on the highway. The pcrminee at his sole expense. unless under a prior agreement. JUA. or a CCUA, shalJ comply with said request; 26. ARCHAEOLOGICALlHISTORICAL: If any archaeological or historical resources are revealed in the work vicinity, the pcrmiuee shalJ immediately stop work. notify the Department's representative. retain a qualified archaeologist who shall evaluate the sileo and make recommendations to the Departmenl representative regardin!! the continuance of work. - I 27. PREVAILING WAGES: Work performed by or under a permit may require pernlittee's contractors and subcontractors to pay . appropriate prevailing wages as set by the Department of Industrial Relations. Inquiries or requests for interpretations relative to 31. enforcement of prevailing wage requirements are directed to State of California Department of Industrial Relations, 525 Golden Gate Avenue. San Francisco, California 94102. 28. RESPONSIDIUTY FOR DAMAGE: The State of California and all officers and employees thereof. including but not limited to the 32. 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 permiuee, 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 permiuee, persons employed by the permittee, persons acting in behalf of the permiittee, 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 .lilY permit in =pect to maintenance or allY other obligations, or resulting from defects or obstructions, or from any , cnuse whatsoever during the progress of the work, or other activity 33. 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's contractors, thereof, including but not limited to the Director of Transportation and the 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 person, 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's contractors, from any ,and all claims, suits or actions as set forth above regardless of the existence or degree of fault or negligence, whether active or passive, primary or secondary, on the part of the State. the' Permittee" persons empioyed by the permittee, or acting on behalf of the permittee. ' , For the purpose of this section, "State's contractors" shall' include contractors and their subcontractors under contract to the State of Dlifornia performing work within the limits of this permit. 29. NO PRECEDENT ESTABLISHED: This permit is issued with the understanding that it does. not establish a precedent. , .., 30. 'FEDERAL CIVIL RIGHTS REQUIREMENTS FOR PUBLIC ACCOMMODATION: A, The permittee. forhimo;elf, his personal representative, successors in interest. and assigns as part of the consideration hereof, does hereby covenant and agree that: I. No person on the grounds of race, color, or national origin shall be excluded from participation in. be denied the benefits of, or be othcrwise subjected to discrimination in the use of said facilities. 2. That in connection with the construction of any improvements on said lands and lhe furnishings of services thereon, no discrimination shall be practiced in the selection and retcntion of first.tier subcontractors in the sclection 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 acc<;lOunodations (such a.... eating, sleeping, res:.--recrcation), and operallon 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 IS, Code of Federal Regulations, Commerce and Foreign Trade, Subtitle A. Office of the Secretary of Commerce, Pan 8 (15 C.F.R. Part 8) and a.... said Regulations may be amended. B. That in the event of breach of any of the above nond.iscrimination .covenams, the State shall have the right to termmate the penrut and to re-enter and repossess said land and the land and the facilities thereon, and hold the same as if said permit had never been made or issued. . . MAINTENANCE <?F HIGHWAYS.: ~e permittee agrees, by acceptance of a permn. to properly m:untam any encroachment. This assurance requires the permittee to provide inspection and repair any damage, at permittee's expense, to State facilities resulting from the encroachment. SPEOAL EVENTS: In accordance with subdivision (a) of Streets and Highways Code Section 682.5, the Department of Transportation shall not be responsible for the conduct or operation of the permitted activity, and the applicnnt agrees to defend, indemnify, and hold harmless the State and the city or county against any and, all claims arising out of any activity for which the permit is issued. ' Permittee understands and agrees that it will comply with the obligations of Titles II and III of the Americans with Disabilities Act of 1990 in the conduct of the event. and further agrees to indemnify and save harmless the State of California. aU officers and employees thereof, including but not 1irnired to the Director of Transportation, from any claims or liability arising out of or by 'r.rtue of said Act PRIVATE USE OF RIGHT OF WAY: Highway righr of way shall not be used for private purposes without compensatiOll to the State. The gifting of public property use and therefore public funds is prohibited under the California Constitution, Article 16. , 34. FIELD WORK REIMBURSEMENT: Pemrlttee shall reimburse State for field work performed on permittee's behalf to correct or remedy hazards or damaged facilities, or clear debris not attended to by the permittee! .I 35.' NOTIFICATI.!l>N OF DEPARTMENT AND TMC: The permittee shall notify the Department's representative and the Traffic Management Center (TMC) at least 7 days before initiating a lane closure or conducting an activity that may cause a traffic impact. A confirmation notification should occur 3 days before closure or other potential traffic impacts. In emergency situations when the corrective work or the emergency itself may affect traffic, TMC and the Department's representative shall be notified as soon as possible; 36. SUSPENSION OF TRAFFIC CONTROL OPERATION: The permittee, upon notification by the Department's representative, shall immediately suspend all lane closure operations and any operation ' that impedes the flow of traffic. All costs associated with this suspension shall be borne by the permittee. 37. UNDERGROUND SERVICE ALERT (USA) NOTIFICATION: Any excavation requires compliance with the provisions 'of Government Code Section 4216 et. seq., including, but ,not limited to notice to a regional notification center, such as Underground Service Alel1 (USAk_TI.e perrmtte.: shall provide notification at lea...-t 48 hours before performing any excavation work within the right of . way. "