If any possibility exists that a material or equipment failure or human error could endanger the public, make sure traffic is rerouted or temporarily stopped during critical portions of the erection and removal operations. These are just some examples of situations that can force an injury victim to take legal action against CalTrans. Structure Construction’s Trenching and Shoring Manual provides technical guidance for analyzing designs of trenching and shoring systems. The following guidelines apply to situations where permanent changes occur in vertical or horizontal clearance for vehicular traffic or where permanent changes occur in bridge permit ratings. In the absence of specific contract requirements, require the contractor to take the necessary measures in accordance with Section 7-1.04, “Public Safety,” of the Standard Specifications. 5-408 Claim Settlement. What is permissible should be that which is accepted as good practice in the industry, complies with the specifications, and does not materially diminish the degree of convenience and free passage through the area that existed before construction. Plan and direct the work of staff engaged in resolution of legal property descriptions 12. The Legal Division is responsible for representing Caltrans in court and expects district and headquarters construction staff to provide assistance upon request. [4] Caltrans manages the state's highway system , which includes the California Freeway and Expressway System , supports public transportation systems throughout the state and provides funding and oversight for three state-supported Amtrak intercity rail routes ( Capitol Corridor , Pacific Surfliner and San Joaquins ) which are collectively branded as Amtrak California . Refer to Section 2-1, “Safety,” of this manual for guidelines on administering the contract’s safety requirements. Use Form TR-0019, TR-0020, or TR-0029. Also, make sure the contractor does not unnecessarily delay or interfere with traffic for the contractor’s own benefit or convenience. Shafts where excavations are greater than 20 feet deep, the depth is at least twice its greatest cross-sectional dimension, and employees may enter the shaft or approach the shaft area. This topic is covered in Section 3-704C, “Railroad Protective Insurance,” of this manual. If the contractor is the apparent low bidder, it must submit the insurance documents to the Office Engineer as a condition of contract approval. Caltrans has 250 employees in its legal department and gets hit with a new lawsuit more than once a day. $3,396.00 - $3,871.00 per Month Under the supervision of a Caltrans Maintenance Supervisor, and with lead guidance from a Caltrans Highway Maintenance Leadworker, incumbent is responsible for and performs miscellaneous labor work and light equipment operation in connection with the maintenance of State highways and facilities. Cofferdams may fit this definition. Sample Notice of Contract Suspension of Work Due to Insurance Lapse Letter, Chapter 3: General Provisions, Section 7: Legal Relations and Responsibility to the Public. After consultation with the deputy district director for construction and the Division of Construction field coordinator, take one or both of the following actions: Example 3-7.1, “Notice of Contract Suspension of Work,” in this section can be used for either or both of the previous actions. Deputy Attorney, Caltrans Series California State Personnel Board Specification. Make sure the contractor has made adequate provisions for public convenience when the specifications leave the manner of providing for convenience to the contractor’s discretion. The contractor must protect the public from all potential hazards that may result from the construction activities including, but not limited to, falling rocks, falling trees, collision with equipment (whether idle or in operation), open trenches, and other excavations. 4. Resident engineers are confronted occasionally with situations where contractors or their subcontractors or suppliers attempt to obtain improper additional payment. If a requested area is unable to be initially cleared within the specified time, evaluate the delay’s effect on the critical path and determine if a contract time adjustment is appropriate. PTSD Resources; Business/Contracting Resources. A contractor may be pre-approved for insurance before bidding on a Caltrans contract. Senior rights of adjoiners. [insert contract EA and project description] as required under Sections 7-1.05, “Indemnification,” and/or 7‑1.06, “Insurance,” of the Standard Specifications. PCC 10351. DGS Office of Legal Services (OLS) is responsible for recommending that the DGS Director grants, renews, or denies such exemptions after reviewing the request to ensure that the requirements are met. Section 3-1.18, “Contract Execution,” requires the contractor to submit those insurance documents at the time the contract is executed. The Division of Construction is responsible for reviewing, approving, and monitoring contractor insurance documents. The contract will describe tunnel locations and the information handout with it will describe the classification. § 1508.9(a). Upon notification, contact the maintenance superintendent and arrange for the removal and cleanup of the areas. He has conveyed land in the form of legal descriptions for 30 years with the largest Department of Transportation agency in the nation; CalTrans. These matters may differ in magnitude and intent, and minor situations may be resolved satisfactorily at the project level. A claim settlement is defined as a compromise of the contract requirements to settle a dispute in Caltrans’ best interest. 15) Monumentation of facilities. Under the specifications, the resident engineer can point out the contractor’s failure to carry out any of the specification requirements. The order of importance of conflicting elements. If you have been involved in an accident and believe that the California Department of Transport may have been at fault, contact the CalTrans negligence lawyers of Bisnar Chase now for expert guidance. Equipment that fails to comply with the Vehicle Code must not be operated on detours or any other roadway open to public traffic. The contractor may show evidence of insurance in two ways: https://dot.ca.gov/programs/construction/insurance-pre-approval/. The jeep can jump and stop rather than roll a cliff and crash on the study, but the Trans Cal follows the rule instead of coercion. When providing notification of changes, use Forms TR-0019, “Notice Of Change In Clearance Or Bridge Weight Rating,” for divided highways; TR-0020, “Notice of Change in Vertical Or Horizontal Clearance”; or TR-0029, “Notice Of Change In Clearance Or Bridge Weight Rating.” The forms are available at: Whenever an operation will reduce clearances available to public traffic, the specifications require the contractor to notify the resident engineer at least 25 days and not more than 125 days before the anticipated start of an operation that will change the vertical or horizontal clearance available to public traffic (including shoulders). On April 3, 1990, Caltrans issued an encroachment permit, granting permission to: “Construct two public road connections to … For additional information on Form CEM-1202A, refer to Section 3-506, “Assignment,” of this manual. 6���ͫ��8��Q��E����/s�Ii��a��v�*����{�/n列\M}�e�ǟ7)��2�}7�>��p^v�E�~���W��i"҄` ��s�������}���䨊 The following sections provide guidelines for enforcing the provisions in Section 7‑1.03, “Public Convenience,” of the Standard Specifications and contain discussion of other topics related to the passage of public traffic through construction projects. Once you have taken this examination, you may not retake it … Legal Descriptions - Part One Johnnie Robertson, PLS CalTrans - Retired Thurs, Jan 30: Thurs, Feb 6: Sat, Feb 8: Thurs, Feb 13: Geodesy/State Plane Coordinates Michael LaFontaine, PLS OC Public Works - Survey Photogrammetry Ramon Ramos, PLS, CP GPSi Laws for Surveyors (including SMA & LSA) Dan May, PLS Sikand Map Preparation & CA Law The contractor is required to provide specified advanced notice of the need of such areas for performing the work. Schematic Code: GJ81. Drafting legal descriptions requires knowledge of the rules of evidence and proper use of … The California Land Surveyors Act designates the writing of legal descriptions as part of the practice of land surveying. 13) Methods and terminology used in searching for land titles and factors involved in determining ownership of property. 12) Legal descriptions of real property. If you have questions, please contact me at [(area code) xxx–xxxx]. If the contract includes an agreement with a railroad company, Caltrans makes the provisions of the agreement available in the Information Handout in the document titled “Railroad Relations and Insurance Requirements.”. Back to Top . The class takes an in depth look in legal description writing. Fifteen days before implementing proposed changes to the bridge permit rating, the structure representative must notify the resident engineer in writing and the bridge rating engineer of the proposed bridge permit ratings. Right of Way Manual Chapter 2 Right of Way Plans Policies, Procedures and Information Colorado Department of Transportation March 17, 2020 In any areas open to public traffic within the project’s limits, the contractor is not exempt from Vehicle Code requirements. 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