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0300356SV January 23,2003 ._. Page 3 of 3 3. Unless specifically authorized in this permit, markings within the right of way shall be temporary. Paint used for markings shall be water-soluble and other markers shall be removed upon completion of work. 4. Any collected data requested by Caltrans shall be furnished to Caltrans without charge. 5. Vehicles necessary for work may be parked in State Highway right of way off paved shoulders. Auxiliary support and employee vehicles shall remain outside the right of way. 6. Permittee shall provide for the safe passage of pedestrians. 7. THIS PERMIT AUTHORIZES WORK ON THE PARK AND RIDE ONLY. The Permittee shall indemnify and save harmless the State of California and all officers and employees thereof connected with the work or activity authorized by this permit, including but not limited to the Director and the Engineer, from all claims, suits or actions of every name, kind, and description, brought forth, or on account of, injuries to or death of any person including but not limited to workmen or participants and the public, or damage to property resulting from the performance of the activity authorized 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. 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 claims, suits of actions as set forth above regardless of the existence or degree of fault or negligence on the part of the State, the Permittee, the employee or volunteer of any of these, other than in the active negligence of the State, its officers, and employees. Permittee shall fully conform to the requirements of the Caltrans statewide NPDES Storm Water Permit, Order No. 99-06-DWQ, NPDES No. CAS000003, adopted by the State Water Resources Control Board on July 15, 1999. The Permittee shall also conform to the requirements of the General NPDES Permit for construction Activities and any subsequent General Permit in effect at the time of issuance of this Encroachment Permit. These permits regulate storm water discharges associated with year-round construction or special event encroachment activities. For all projects of 5 acres or more the Permittee shall develop, implement, and maintain a Storm Water Pollution Prevention Plan (SWPPP) and for projects less than 5 acres a Water Pollution Control Program (WPCP). Either the Plan or Program shall also conform to the requirements of the Caltrans Storm Water Quality Handbook, Construction Contractor's Guide and Specifications and Caltrans Specification Section 7-1-.01G and subsequent revisions. 3