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0508496-K N-emi>cr 2,2005 Page 3 of 3 No earth or construction materials are to be dragged or scraped across the highway pavement, and no excavated earth shall be placed or allowed to remain at a Iocation where it can be tracked onto the highway traveled way or any public or private approach by the Permittee's construction equipment, or by traffic entering or leaving the highway traveled way Any excavated earth or mud so tracked onto the highway pavement or public or private approach shall be immediately removed by the Permittee All signs shall be installed in conformance with Caltrans Standard Plans Upon nonperformance or unsatisfactory performance by the Permittee, the Department of Transportation shall perform this work and all costs for said work shall be borne by the Permittee 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 I acre (0 405 ha) or more the Permittee shall develop, implement, and maintain a Storm Water Pollution Plan (SWPP) and for projects less than 1 acre (0 405 ha) 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- OIG and subsequent revisions No lane closures, shoulder closures or other traffic restrictions shall be allowed on the following day(s): Lincoln's Birthday, Ceasar Chavez Day, Friday before Mother's Day, Friday before Easter Sunday, second Monday in October, day after Thanksgiving, and on designated legal holidays. Designated legal holidays are January 15t, the third Monday in . January, third Monday in February, the last Monday in May, July 41h, the first Monday in September, November 11, Thanksgiving Day, December 25th, and on Fridays and the day following a holiday starting at 3:00 PM. When a designated legal holiday falls on Sunday the following Monday shall be designated holiday. When a designated holiday falls on a Saturday the preceding Friday shall be designated legal holiday.