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State contractors. It is the intent of the parties that the permitter State. The gifting of public property use and therefore public
<br /> will indemnify and hold harmless the State, its officers, funds is prohibited under the California Constitution,Article 16.
<br /> employees,and State's contractors, from any and all claims, suits
<br /> or actions m set forth above regardless of the existence or degree 34. FIELD WORK REIMBURSEMENT:Permittee shall reimburse
<br /> of fault or negligence, whether active or passive, primary or State for field work performed on pennittec's behalf to correct or
<br /> secondary, on the pan of the State, the pemtitta, persons remedy hazards or damaged facilities,or clear debris not attended
<br /> employed by the permittee,or acting on behalf of the pcmtittoe. to by the permittee.
<br /> For the purpose of this section,"State's contractors"shall include 35. NOTIFICATION OF DEPARTMENT AND TMC: The
<br /> contractors and their subcontractors under contract to the State of permittee shall notify the Department's representative and the
<br /> California performing work within the limits of this permit. Transportation Management Center(TMC)at least 7 days before
<br /> initiating a lane closure or conducting an activity that may cause a
<br /> 29. NO PRECEDENT ESTABLISHED:This permit is issued with traffic impact. A confirmation notification should occur 3 days
<br /> the understanding that it does not establish a precedent before closure or other potential traffic impacts. In emergency
<br /> situations when the corrective work or the emergency itself my
<br /> 30. FEDERAL CIVIL RIGHTS REQUIREMENTS FOR affect traffic,TMC and the Department's representative shall be
<br /> PUBLIC ACCOMMODATION: notified as soon as possible.
<br /> A. The permittee, for himself, his personal representative,
<br /> successors in interest, and assigns as part of the consideration 36. SUSPENSION OF TRAFFIC CONTROL OPERATION:The
<br /> hereof,docs hereby covenant and agree that: permittee, upon notification by the Department's representative,
<br /> I.No person on the grounds of race,color,or national origin shall shall inurcdiately suspend all lane closure operations and any
<br /> be excluded from participation in,be denied the benefits of,or be operation that impedes the How of traffic. All cons associated
<br /> otherwise subjected to discrimination in the use of said facilities. with this suspension shall be home by the permittee.
<br /> 2.That in connection with the construction of any improvements
<br /> on said lands and the furnishings of services thereon, no 37. UNDERGROUND SERVICE ALERT (USA)
<br /> discrimination shall be practiced in the selection and retention of NOTIFICATION: Any excavation requires compliance with the
<br /> first-tier subcontractors in the selection of second-tiff provisions of Government Code Section 4216 et.seq.,including,
<br /> subcontractors. but not limited to notice to a regional notification center,such as
<br /> 3. That such discrimination shall not be practiced against the Underground Service Alert (USA). The pfrnitim shall provide
<br /> public in their access to and use of the facilities and services notification at least 48 hours before performing any excavation
<br /> provided for public accormnodations (such as eating, sleeping, work within the right ofway.
<br /> rest,recreation).and operation on,over,or under the space of the
<br /> right of way.
<br /> 4.That the pemtittee shall use the premises in compliance with all
<br /> other requirements imposed pursuant to Title 15,Code of Federal
<br /> Regulations,Commerce and Foreign Trade, Subtitle A.Office of
<br /> the Secretary of Commerce,Part 8(I5 CY R-Part 8)and as said
<br /> Regulations may be amended.
<br /> S.That in the event of breach of any of the above
<br /> nondiscrimination covenants, the State shall have the right to
<br /> terminate the permit and to rc-enter and repossess said land and
<br /> the land and the facilities thereon, and hold the same as if said
<br /> permit had never been made or issued.
<br /> 31. MAINTENANCE OF HIGHWAYS: The pemnittce agrees, by
<br /> acceptance of a permit, to properly maintain any encroachment.
<br /> This assurance requires the permittee to provide inspection and
<br /> repair any damage, at permittee's expense, to State facilities
<br /> resulting from the encroachment.
<br /> 32. SPECIAL EVENTS: In accordance with subdivision (a) of
<br /> Streets and Highways Code Section 682.5, the Department of
<br /> Transportation shall not be responsible for the conduct or
<br /> operation of the permitted activity, and the applicant agrees to
<br /> d cfmd, indemnify, and hold hannims the State and the city or
<br /> county against any and all claims arising out of any activity for
<br /> which the permit is issued
<br /> Permittee understands and agrees that it will comply with the
<br /> obligations of Titles 11 and III of the Americans with Disabilities
<br /> Act of 1990 in the conduct of the event, and further agrees to
<br /> indemnify and save harmless the State of California, all officers
<br /> and employees thereof,including but not limited to the Director of
<br /> Transportation, from any claims or liability arising out of or by
<br /> virtue of said Act.
<br /> 33. PRIVATE USE OF RIGHT OF WAY: Highway right of way
<br /> shall not be used for private purposes without compensation to the
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