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19. RIGHT OF WAY CLEAN UP: Upon completion of work, project construction work done on State property will not be directly
<br /> permittee shall remove and dispose of all scraps, brush, timber, funded and paid by State. for the purpose of protecting stop notice
<br /> materials, etc. off the right of way. The aesthetics of the highway claimants and the interests of State relative to successful project
<br /> shall be as it was before work started. completion, the local agency pennittee agrees to require the
<br /> construction contractor furnish both a payment and performance bond
<br /> 20. COST OF WORK: Unless stated in the permit,or a separate written in the local agency's name with both bonds complying with the
<br /> agreement,the pennittee shall bear all costs incurred for work within requirements set forth in Section 3-1.02 of State's current Standard
<br /> the State right of way and waives all claims for indemnification or Specifications before performing any project construction work.The
<br /> contribution from the State. local agency permittee shall defend,indemnify,and hold harmless the
<br /> State,its officers and employees from all project construction related
<br /> 21. ACTUAL COST BILLING: When specified in die permit, the claims by contractors and all stop notice or mechanic's lien claimants.
<br /> Department will bill the permittee actual costs at the currently set The local agency also agrees to remedy, in a timely manner and to
<br /> hourly rate for encroachment permits. State's satisfaction, any latent defects occurring as a result of the
<br /> project construction work.
<br /> 22 AS-BUILT PLANS: When required, permittee shall submit one(1)
<br /> set of folded as-built plans within thirty (30) days after completion 25. FUTURE MOVING OF INSTALLATIONS:Permiuce understands
<br /> and approval of work in compliance with requirements listed as and agrees to relocate a permitted installation upon notice by the
<br /> follows: Department. Unless under prior property right or agreement, the
<br /> permittee shall comply with said notice at his sole expense.
<br /> 1.Upon completion of the work provided herein, the permittee
<br /> shall send one vellum or paper set of As-Built plans, to the 26. ARCIIAEOLOGICAL/HISTORICAL: If any archaeological or
<br /> State representative. Mylar or paper sepia plans are not historical resources are revealed in the work vicinity, the permittee
<br /> acceptable, shall immediately stop work,notify the Department's representative,
<br /> 2.All changes in the work will be shown on the plans,as issued retain a qualified archaeologist who shall evaluate the site,and make
<br /> with the permit,including changes approved by Encroachment recommendations to the Department representative regarding the
<br /> Permit Rider. continuance of work.
<br /> 3.The plans are to be stamped or othenvise noted AS-BUILT by
<br /> the permittee's representative who was responsible for 27. PREVAILING WAGES:Work performed by or under a permit may
<br /> overseeing the work.Any original plan that was approved with require permittee's contractors and subcontractors to pay appropriate
<br /> a State stamp, or Caltrans representative signature, shall be prevailing wages as set by the Department of Industrial Relations.
<br /> used for producing the As-Built plans. Inquiries or requests for interpretations relative to enforcement of
<br /> - :-1f-As-Built-plans-include-signing-or--striping-the-dates-of— prevailing wage-requirements--are-directed-to-State-of-California —
<br /> signing or striping removal,relocation, or installation shall be Department of Industrial Relations, 525 Golden Gate Avenue, San
<br /> shown on the plans when required as a condition of the permit. Francisco,California 94102.
<br /> When the construction plans show signing and striping for
<br /> staged construction on separate sheets,the sheet for each stage 28. RESPONSIBILITY FOR DAMAGE: The State of California and
<br /> shall show the removal, relocation or installation dates of the all officers and employees thereof, including but not limited to the
<br /> appropriate staged striping and signing. Director of Transportation and the Deputy Director, shall not be
<br /> 5.As-Built plans shall contain the Permit Number,County,Route, answerable or accountable in any manner for injury to or death of any
<br /> and Post Mile on each sheet. person, including but not limited to the permittee,persons employed
<br /> 6.Disclaimer statement of any kind that differ from the by the permittee, persons acting in behalf of the pennittee, or for
<br /> obligations and protections provided by Sections 6735 through damage to property from any cause. The permittee shall be
<br /> 6735.6 of the California Business and Professions Code,shall responsible for any liability imposed by lams and for injuries to or
<br /> not be included on the As-Built plans. Such statements death of any person, including but not limited to the permittee,
<br /> constitute non-compliance with Encroachment Permit persons employed by the permittee, persons acting in behalf of the
<br /> requirements, and may result in the Department of permittee, or for damage to property arising out of work, or other
<br /> Transportation retaining Performance Bonds or deposits until activity permitted and done by the permittee under a permit,or arising
<br /> proper plans are submitted.Failure to comply may also result in out of time failure on the permittee's part to perform his obligations
<br /> denial of future permits, or a provision requiring a public under any permit in respect to maintenance or any other obligations,
<br /> agency to supply additional bondingor resulting from defects or obstructions, or from any cause
<br /> whatsoever during the progress of the work,or other activity or at any
<br /> 23. PERMITS FOR RECORD PURPOSES ONLY:When work in the subsequent time,work or other activity is being perforated under the
<br /> right of way is within ail area under a Joint Use Agreement(JUA)or a obligations provided by and contemplated by the permit.
<br /> Consent to Common Use Agreement(CCUA),a fee exempt pen-nit is
<br /> issued to the permittee for the purpose of providing a notice and The permittee shall indemnify and save harmless like State of
<br /> record of work. The Pemmittee's prior rights shall be preserved California, all officers, employees, and State's contractors, thereof,
<br /> without the intention of creating new or different rights or obligations. including but not limited to the Director of Transportation and the
<br /> "Notice and Record Purposes Only"shall be stamped across the face Deputy Director,from all claims,suits or actions of every name,kind
<br /> of the permit. and description brought for or oil account of injuries to or death of any
<br /> person, including but not limited to the permittee,persons employed
<br /> 24. BONDING: The permittee shall file bond(s), in advance, in the by the pennittee, persons acting in behalf of the permittee and the
<br /> amount set by the Department. Failure to maintain bond(s) in full public,or damage to property resulting from the performance of work
<br /> force and effect will result in the Department stopping of all work and or other activity ander the permit,or arising out of the failure on the
<br /> revoking permit(s).Bonds are not required of public corporations or permittees part to perform his obligations under any permit in respect
<br /> privately owned utilities, unless pennittee failed to comply with the to maintenance or any other obligations•or resulting from defects or
<br /> provision and conditions under a prior permit.The surety company is obstructions,or from any cause whatsoever during the progress of the
<br /> responsible for any latent defects as provided in California Code of work, or other activity or at any subsequent time, work or other
<br /> Civil Procedures. Section 337.15. Local agency pennittee shall activity is being performed under the obligations provided by and
<br /> comply with requirements established as follows: in recognition that contemplated by the permit,except as othenvise provided by statute.
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