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corporations or privately owned utilities unless Permittee soil management is in compliance with Department of
<br /> failed to comply with the provisions and/or conditions of a Toxic Substances Control(DTSC)requirements.
<br /> prior encroachment permit.The surety company is responsible
<br /> for any latent defects as provided in California Code of Civil 27. PREVAILING WAGES: Work performed by or under an
<br /> Procedure section 337.15.A local public agency Permittee also encroachment permit may require Permittee's contractors and
<br /> must comply with the following requirements: subcontractors to pay appropriate prevailing wages as set by
<br /> the California Department of Industrial Relations. Inquiries or
<br /> a) In recognition that project construction work done on requests for interpretations relative to enforcement of
<br /> State property will not be directly funded and paid by prevailing wage requirements must be directed to the
<br /> State, for the purpose of protecting stop notice California Department of Industrial Relations.
<br /> claimants and the interests of State relative to
<br /> successful project completion,the local public agency 28. LIABILITY, DEFENSE, AND INDEMNITY: The
<br /> Permittee agrees to require the construction contractor Permittee agrees to indemnify and save harmless the State,the
<br /> to furnish both a payment and performance bond in Department, and the Directors, officers, employees, agents
<br /> the local public agency's name with both bonds and/or contractors of the State and/or of the Department,
<br /> complying with the requirements set forth in Section including but not limited to the Director of Transportation and
<br /> 3-1.05 Contract Bands of the Department's Standard the Deputy Directors, from any and all claims, demands,
<br /> Specifications before performing any project damages,costs, liability,suits,or actions of every name,kind,
<br /> construction work. and description, including but not limited to those brought for
<br /> b) The local public agency Permittee must defend, or on account of property damage, invasion of privacy,
<br /> indemnify, and hold harmless the State and the violation or deprivation of a right under a state or federal law,
<br /> Department, and the Directors, officers, and environmental damage or penalty,or injury to or death of any
<br /> employees of the State and/or Department, from all person including but not limited to members of the public,the
<br /> project construction related claims by contractors, Permittee, persons employed by the Permittee, and/or persons
<br /> subcontractors, and suppliers,and from all stop notice acting on behalf of the Permittee, arising out of or in
<br /> and/or mechanic's lien claimants. The local public connection with: (a) the issuance and/or use of this
<br /> agency also agrees to remedy, in a timely manner and encroachment permit; and/or (b) the encroachment, work,
<br /> to the Department's satisfaction, any latent defects and/or activity conducted pursuant to this encroachment
<br /> occurring as a result of the project construction work. permit,or under color of authority of this encroachment permit
<br /> but not in full compliance with the Permit Conditions as
<br /> 25. FUTURE MOVING OF INSTALLATIONS: Permittee defined in General Provision Number 5 ("Unauthorized Work
<br /> understands and agrees to relocate a permitted installation or Activity"); and/or (c) the installation, placement, design,
<br /> upon notice by the Department. Unless under prior property existence,operation,and/or maintenance of the encroachment,
<br /> right or agreement,the Permittee must comply with said notice work,and/or activity; and/or(d)the failure by the Permittee or
<br /> at the Permittee's sole expense. anyone acting on behalf of the Permittee to perform the
<br /> Permittee's obligations under any part of the Permit
<br /> 26. ENVIRONMENTAL: Conditions as defined in General Provision Number 5, in
<br /> a) ARCHAEOLOGICAL/HISTORICAL: If any respect to maintenance or any other obligation; and/or(e) any
<br /> archaeological or historical resources are identified or change to the Department's property or adjacent property,
<br /> encountered in the work vicinity, the Permittee must including but not limited to the features or conditions of either
<br /> immediately stop work, notify the Department's of them,made by the Permittee or anyone acting on behalf of
<br /> representative, retain a qualified archaeologist who must the Permittee; and/or (f) a defect or obstruction related to or
<br /> evaluate the site at Permittee's expense, and make caused by the encroachment, work, and/or activity whether
<br /> recommendations to the Department's representative conducted in compliance with the Permit Conditions as
<br /> regarding the continuance of work. defined in General Provision Number 5 or constituting
<br /> Unauthorized Work or Activity,or from any cause whatsoever.
<br /> b) HAZARDOUS MATERIALS: If any hazardous waste or The duty of the Permittee to indemnify and save harmless
<br /> materials (such as underground storage tanks, asbestos includes the duties to defend as set forth in Section 2778 of the
<br /> pipes,contaminated soil,etc.)are identified or encountered Civil Code.
<br /> in the work vicinity, the Permittee must immediately stop
<br /> work, notify the Department's representative, retain a It is the intent of the parties that except as prohibited by law,
<br /> qualified Hazardous waste/material specialist who must the Permittee will defend, indemnify, and hold harmless as set
<br /> evaluate the site at Permittee's expense, and make forth in this General Provision Number 28 regardless of the
<br /> recommendations to the Department's representative existence or degree of fault or negligence, whether active or
<br /> regarding the continuance of work. passive, primary or secondary, on the part of: the State; the
<br /> Department; the Directors, officers, employees, agents and/or
<br /> Attention is directed to potential aerially deposited lead contractors of the State and/or of the Department, including
<br /> (ADL)presence in unpaved areas along highways. It is the but not limited to the Director of Transportation and the
<br /> Permittee's responsibility to take all appropriate measures Deputy Directors; the Permittee; persons employed by the
<br /> to protect workers in conformance with California Code of Permittee;and/or persons acting on behalf of the Permittee.
<br /> Regulations Title 8, Section 1532.1,"Lead,"and with Cal-
<br /> OSHA Construction Safety Orders,and to ensure roadway
<br /> C 2018 California Department of Transportation.All Rights Reserved.
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