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completion and acceptance of the work one( I l act of as built plans shall be submitted to the Dlatri[L 22. bonding This permit shall not be effective for any purpose unless, and until the permittee flies with the Department a surety bond when required by the Department in the form and amount required by the Department. A bond is not ordinarily _required of any public corporation or publicly or privately -owned utlllty but will be required of any utility that fails to meet any obligation arising out of the work permitted or done under an Encroachment Permit or fails to main- tain its plant. work or facilities, The said bond shall remain in force for a period of one ( 1) year after acceptance of the work by the DepartmenL 23. btadatemance of 191.40twaym The permittee agrees, by acceptance of a permit to properly maintain any encroachment. This w111 require Inspection and repair of any damage to State facilities resulting from the encroachment. 24. Responsibility for Do= m e: ThcStatc of California and all officers and employees thereof. including but not limited to the Director of Transporta- tion 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 permitter- or for damage to pro- perty from any cause The permittee shall be responslbie 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 damage to property arising out of work or other activity permitted and done by the permittee under a permlL or arts Ing out of the faliurc on the permittees past to perform his obligations under ar..- permit In respect to maintenance or a.iy other obligations or resulting from defects or obstructions, or from any cause whatsoever during the pro- gress of the work- or other act iviry. Orat any subsequent time work or other activity is being performed under the obligations provided by and contem- plated by the perm3L The permittee shall indemnli'y and save harmless the state of California and all officers and employees thereof. Including but not limited to the Direc- tor of Transportation and the Deputy Director. from all claims, suits or actions of evert- name, kind and des cription 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 of her act ivity under the permlL or arising out of the failure on the permitter's part to per. form his obligations under any permit in respect to maintenance oranv 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 subse- quent time work or other activity is being performed under the obligations provided -by and contemplated by the permit. except as otherwise provided by statutes 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 or employees. It is the intent of the parties that the permittee will Indemnify and hold harmless the State Its officers and employees from any and all claim& suits or actions as set forth above regardless of the exis- tence or 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 persons acting in behalf of the permittee 25. Federal Mvit Rt. Uta Requirements for Public A.acommodatioa: A. The permittees for himself. his personal representatives. successors In interest and assigns. as pan of the considera- tion 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 bencfIts 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. no dts- crtminatlon shall be practiced in the selection of employees and contrac- tors by contractors in the selection and retention of first-tier subcontrac- tors in the selection of second-tier subcontractors 3) that such dis- crimination 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 recrea- tion). and operated or. over. or under the space of the right-of-way, and 4) that the permitter shall use the pre- mises 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. pan 8 (15 C.F.R. Part 8) and as said Regulations may be amended 13 That in the event of breach of any of the above nondiscrimination covenants. the State shall have the right to ter- minate the permit and to re-enter and repossess said land and the facilities thereon. and hold the same ab If said permit had never been made or issued 26. Ifo r7scedent Latabiiabe4 this per- mit is Issued with the understanding that any particular action is not to be considered as establishing any precen- dent III on the question of the expediency of permitting any certain kind of encroachment to be erected within right-of-way of State highways or 12) as to any ulillty of the accep- tability of any such permits as to any Other or future situation. 27. Arckkawiopeak The permittee shall cease work in the vicinity of any archaeological resources that are revealed Tete Permit Engineer shall be notified immediately. A qualified archaeoioVeL retained by the permit- tee will evaluate the situation and make recommendations to the Permit Engineer concerning the continuation of the work 28. !>tmare Hov}ugefLnataliationa: If the Encroachment Permit was issued at the request of the permittee, it Is understood that whenever State con- struction reconstruction or main- tenance work on the highway requires the Installation to be moved adjusted or relocated the permittee, at his sole expense- upon request of the Depart- mcnL shall comply with said reauest. 29. Prevailing Wa;ea: Construction. alteration. demolition. repair or main- tenance work performed under a per- mit issued by the Department ofTrans- portation may require the ownerlper- mittee to pay all workers employed by the contractor and•subrontractors:lhe: appropriate predetermined prevailing wage rates as set by the Director of the Department of Industrial Relations, See California labor Code. Division 2. Dart 7. (commencing with section 1720). Streets and Highways Code. Chapter3. Article 2 Section 671.1. and Opinion of the Attorney General of the State of California. No. 86.803. dated December 31. 1986. inquiries or requests for interpret- ations relative to the enforcement of prevaslingwagerequirement should be directed to the State of Callfornia. Department of Industrial Relations, 525 Golden Gate Avenue, San Fran. cisco. California 94102.