|
1.1/28/95 09:25- - FAX 916 3.72 8781 GROUNDWATER TECH..— Z006/006
<br /> Z.AIZ ;.Jr v�ur v..,..-- ..
<br /> PROVISIONS
<br /> ENCROACHMENT PERMIT-GENET
<br /> TR-0046 1rlEV. $125)
<br /> 23, BONDING: Permittee shall file the necessary bond(s) in advance in Deouty Director, from all claims, suits or actions of every name. kind
<br /> the amount set by the Department, Failure to maintain bond(s) in full ano description
<br /> escri titnclud ng but forotrl'o itcotounhe Penn tt etoperso death of
<br /> force and effect will result in suspension of all work and permitlsl. y person,
<br /> Bonds are not required of public corporations or privately awned and thyeee b cher permittee,
<br /> damage to property acting i resulting from the permittee
<br /> utilities, unless said permittee failed to comply with the provisions and
<br /> thpublic,
<br /> of work or other activity under the permit or arising out
<br /> and conditions under a prior permit. Your surety company will be performance
<br /> responsible for any latent defects until such time as is provided for in of the failure on the permittee's part to perform his obligations under
<br /> California Code of Civil Procedures, Section 337 15. Local agency resulting fromrmit In rde ectsect tor obstructions, orr from any Causeany other twhatsoever
<br /> permittee shall comply with requirements established as follows: In
<br /> recognition that project construction work done on State properly will during the progress of the work, other activity or at any
<br /> not be directly funded and paid by State, far the purpose of subsequent time work or other activity is being performed under the
<br /> protecting stop notice claimants and the interests of State relative to obligations provided by and contemplated by the permit, except as
<br /> successful project completion, the focal agency permittee agrees to otherwise provided by statute.
<br /> require the construction contractor furnish both a payment and The duty of the permittee to indemnify and save harmless includes
<br /> performance bond in the local agency's name with both bonds forth Section 277B of
<br /> complying with the requirements sat forth in Section 3-1.02 of States the
<br /> permittee waives any tand all rights t
<br /> right tte',any type of expressed or
<br /> current Standard Specifications prior to performing any project implied indemnity against the State. Its officers, employees, and
<br /> construction work. The local agency permittee shall defend
<br /> ill
<br /> Indemnify, and hold harmless the State, its officers and employees state contractors. It is the intent of the parties that the employees.
<br /> d
<br /> indemnify and hold harmless the State, its officers, ompfoyeas, and
<br /> from all project construction related claims by contractors ono all stale contractors, from any and all claims, suits or actions as set
<br /> stop notice or mechanic's lien claimants. The local agency also forth above of fault or
<br /> agrees to remedy, in a timely manner and to State's satisfaction. any negligence, whether sactive ss of hor passive, primary otr secondary, on the
<br /> latent defects occurring as a result of the project construction work. part of the State, the permittee, persons employed by the permittee,
<br /> 24. FUTURE MOVING OF INSTALLATIONS: Permittee understands or acting on behalf of the permittee.
<br /> and agrees that upon request of the Department, whenever State For purposes of this section, "state contractors" shall include
<br /> construction, reconstruction or maintenance work on the highway contractors and their subcontractors under contract to the Slate of
<br /> requires a permitted Installation to.be rearranged, the Permittee at California performing work within the limits of this permit.
<br /> his sole expense, unless under a prior agreement, JUA, and CCUA,
<br /> shall comply with said request. 28. NO PRECEDENT ESTABLISHED: This permit is issued with the
<br /> 25. ARCHAEOLOGICAL: Should any archaeological resources be
<br /> understanding that it does not establish a precedent.
<br /> revealed to the work vicinity, the Permittee is responsible for;
<br /> notifying the Department's Representative immediately, retainment of `6' ACCOMMODATIONFEDERAL CIVIL GHA. RheOpermittee, for hms PUBL
<br /> IC
<br /> ispersonal
<br /> a qualified archaeologist who shall evaluate the archaeolc=idal site representatives, successors in interest, and assigns as part of the
<br /> and make recommendations to the Department Representative
<br /> regarding the continuance of work. consideration hereof, does hereby covenant and agree that: 1. no
<br /> person on the grounds of race, color, or national origin shall be
<br /> excluded from participation in, be denied the benefits of, or be
<br /> 2E. PREVAILING WAGES: Victr performed by or under a permit may otherwise subjected to discrimination in the use of said facilities. 2,)
<br /> re:urre Perr+riee's contractors and subcontractors to pay
<br /> said
<br /> aporoonate orevail;ng wages as set by the Depr
<br /> artment of novstrial `oates rtconnection with nconstruction f
<br /> and e furnishing of services thereon, n discrirninationany improvementsoshall
<br /> Relations, tnqu+ries ar rtauests for interpretations relative to
<br /> be practiced in the selection of employees and contractors. by
<br /> enforcement of prevailing wage requirements should be Ccirec:eC :o contractors in the selection and retention of first-tier subcontractors
<br /> State of California Department of Industrial Relations. 52.. Golden in the $ejection of second-tier subcontractors, 3.) that such
<br /> Gate Avenue. San Francisco, California 94102.
<br /> discrimination shall not be practiced against the public in their
<br /> 27. RESPONSIBILITY FOR DAMAGE: The Slate o! California anc all access to and use of the facilities and services provided for public
<br /> officers anc employees thereof, including but not limited to ;he acaommooauons (such as eating, steeping. rest, recreation), and
<br /> Director, shall not be operated on, over, or under me space of the right of way, 4.) that
<br /> Director of
<br /> Transportation and the Deputy the permittee shall use the premises in compliance with all other
<br /> answerable orr accountable
<br /> occountaabb le in, any manner for injury to or death Cf requirements imposed pursuant to Title 15, Code of Federal
<br /> any person including but no:limited to the permittee. persons Regulations, Commerce and Foreign Trade, Subtitle A. Office of the
<br /> employed by the permmee, persons aC,rng in behalf of the perminee. Secretary of Commerce, par, 8 (15 C.F.R. Part 8) and as said
<br /> or for damage to proce.^,y from any cause. The Derm+ttee shall be Regulat ons may be amended B. That in the event of breach o
<br /> respons+bre for any liaoiliry imposed by law and for injuries to or any of the above nondiscrimination covenants, the Slate small have
<br /> death of any person. inctudrng but not limited to the permmee. the fin: to terminate the permit and to re-enter and repossess said
<br /> Persons employed by the peri mee. persons acting in behalf of the fig
<br /> n,,
<br /> or for damage :c property arising out Of work, or other land and the facilities thereon, and hold the same as rf said permit
<br /> activity perrnzned one Cane by he pern::'tee under a Derrn+t, or
<br /> had never been made or issued.
<br /> arisin; cu: c`, ,ne faziure on ine perrnatee's part to perform ^ts
<br /> cburat cr.s ^ice any pe r: re50eo: .0 rnarntenance or any direr 3G. MAINTENANCE OF HIGHWAYS : The permmee agrees. by
<br /> eolgat:ens , toper
<br /> or resuivr., frorr,defects or obstructions, of ::orr. aly any y anis walz:ee ce requireof a ns0 cton an! rrepairaoftany damage to S a ent
<br /> cause whatsoever during the progress of the work, or over acrvzty facdrtzes resulting from the encroachment.
<br /> or at any sudsequem time wcry, or other ac:ry t} is being perfe*mea
<br /> unser the obhgauons ^.rovoe_ by and contemplated by :he perrr.i:
<br /> The permmee shall rnce.nnr+s and save harmless the S:aie of
<br /> Cantornia. all Officers. enspicyees, and state contrac:ors Ihere:f
<br /> +ncludirc but not limited to the Director or Trans:ora:rer a^.c :ne T
<br />
|