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1304096TK.doc <br /> August 1,2013 <br /> Page 4 of 5 <br /> Persons working within the State right of way, except uniformed law enforcement officers, shall <br /> wear hardhats and orange vest, shirt or jacket as appropriate, <br /> Signs shall be placed and removed by trained traffic handling personnel. <br /> Painted markings are not permitted on the highways. <br /> Permittee shall survey the route prior to start of event and notify pedestrians and traffic of <br /> unexpected problem areas or hazardous conditions. <br /> Permittee shall provide for the safe passage of pedestrians. <br /> All signs shall be installed in conformance with Caltrans Standard Plans. Upon nonperformance <br /> or unsatisfactory performance by the Permittee, the Department of Transportation shall perform <br /> this work and all costs for said work shall be borne by the Permittee. <br /> The State of California, Department of Transportation makes no assurance or expressed warranty <br /> that the plans are complete or that the planned construction fits field conditions. Should <br /> additional work or modifications of the work be required in order to meet established <br /> Department Standards or in order to fit field conditions, the work shall be performed by <br /> Permittee as directed by the State's Inspector. <br /> The Permittee shall indemnify and save harmless the State of California and all officers and <br /> employees thereof connected with the work or activity authorized by this permit, including but <br /> not limited to the Director and the Engineer, from all claims, suits or actions of every name, <br /> kind, and description, brought forth,or on account of, injuries to or death of any person including <br /> but not limited to workmen or participants and the public, or damage to property resulting from <br /> the performance of the activity authorized by the permit, except as otherwise provided by statute. <br /> The duty of the Permittee to indemnify and save harmless includes the duties to defend as set <br /> forth in Section 2778 of the Civil Code. <br /> It is the intent of the parties that the Permittee will indemnify and hold harmless the State, its <br /> officers and employees from any and all claims, suits of actions as set forth above regardless of <br /> the existence or degree of fault or negligence on the part of the State, the Permittee, the <br /> employee or volunteer of any of these, other than in the active negligence of the State, its <br /> officers, and employees. <br /> Permittee shall fully conform to the requirements of the Caltrans statewide NPDES Storm <br /> Water Permit, Order No. 2012-0011-DWQ, NPDES No. CAS000003, reissued by the State <br /> Water Resources Control Board on September 19, 2012 and will became effective July 1, <br /> 2013. The Permittee shall also conform to the requirements of the General NPDES Permit for <br /> construction Activities and any subsequent General Permit in effect at the time of issuance of <br /> this Encroachment Permit. These permits regulate storm water discharges associated with year- <br /> round construction or special event encroachment activities. <br /> For all projects of 1 acre or more the Permittee shall develop, implement, and maintain a Storm <br /> Water Pollution Plan (SWPPP) and for projects less than 1 acre a Water Pollution Control <br /> Program (WPCP). Either the Plan or Program shall also conform to the requirements of the <br /> Caltrans Storm Water Quality Handbook, Construction Contractor's Guide and Specifications <br /> and Caltrans Specification Section 7-1-.01 G and subsequent revisions. <br /> 4 <br />