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<br />19. RIGHT OF WAY CLEAN UP: Upon completion of work,
<br />permittee shall remove and dispose of all scraps, brush, timber,
<br />materials, etc. off the right of way. The aesthetics of the highway
<br />shall be as it was before work started.
<br />20. COST OF WORK: Unless stated in the permit, or a separate written
<br />agreement, the permittee shall bear all costs incurred for work within
<br />the State right of way and waives all claims for indemnification or
<br />contribution from the State.
<br />21. ACTUAL COST BILLING: When specified in the permit, the
<br />Department will bill the permittee actual costs at the currently set
<br />hourly rate for encroachment permits.
<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.
<br />and approval of work in compliance with requirements listed as
<br />follows:
<br />23.
<br />24.
<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
<br />State representative. Mylar or paper sepia plans are not
<br />acceptable.
<br />2. All changes in the work will be shown on the pians, as issued
<br />with the permit, including changes approved by Encroachment
<br />Permit Rider.
<br />3. The plans are to be stamped or otherwise noted AS -BUILT by
<br />the permittee's representative who was responsible for
<br />overseeing the work. Any original plan that was approved with
<br />a State stamp, or Caltrans representative signature, shall be
<br />used for producing the As -Built plans.
<br />4. If As -Built plans include signing or striping, the dates of
<br />signing or striping removal, relocation, or installation shall be
<br />shown on the plans when required as a condition of the permit.
<br />When the construction plans show signing and striping for
<br />staged construction on separate sheets, the sheet for each stage
<br />shall show the removal, relocation or installation dates of the
<br />appropriate staged striping and signing.
<br />5. As -Built plans shall contain the Permit Number, County, Route,
<br />and Post Mile on each sheet.
<br />6. Disclaimer statement of any kind that differ from the
<br />obligations and protections provided by Sections 6735 through
<br />6735.6 of the California Business and Professions Code, shall
<br />not be included on the As -Built plans. Such statements
<br />constitute non-compliance with Encroachment Permit
<br />requirements, and may result in the Department of
<br />Transportation retaining Performance Bonds or deposits until
<br />proper plans are submitted. Failure to comply may also result in
<br />denial of future permits, or a provision requiring a public
<br />agency to supply additional bonding.
<br />PERMITS FOR RECORD PURPOSES ONLY: When work in the
<br />right of way is within an area under a Joint Use Agreement (JUA) or a
<br />Consent to Common Use Agreement (CCUA), a fee exempt permit is
<br />issued to the permittee for the purpose of providing a notice and
<br />record of work. The Perrnittee's prior rights shall be preserved
<br />without the intention of creating new or different rights or obligations.
<br />"Notice and Record Purposes Only" shall be stamped across the face
<br />of the permit.
<br />BONDING: The permittee shall file bond(s), in advance, in the
<br />amount set by the Department. Failure to maintain bond(s) in full
<br />force and effect will result in the Department stopping of all work and
<br />revoking permit(s). Bonds are not required of public corporations or
<br />privately owned utilities, unless permittee failed to comply with the
<br />provision and conditions under a prior permit. The surety company is
<br />responsible for any latent defects as provided in California Code of
<br />Civil Procedures, Section 337.15. Local agency permittee shall
<br />comply with requirements established as follows: In recognition that
<br />26.
<br />27.
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<br />project construction work done on State property will not be directly
<br />funded and paid by State, for the purpose of protecting stop notice
<br />claimants and the interests of State relative to successful project
<br />completion, the local agency permittee agrees to require the
<br />construction contractor furnish both a payment and performance bond
<br />in the local agency's name with both bonds complying with the
<br />requirements set forth in Section 3-1.02 of State's current Standard
<br />Specifications before performing any project construction work. The
<br />local agency permittee shall defend, indemnify, and hold harmless the
<br />State, its officers and employees from all project construction related
<br />claims by contractors and all stop notice or mechanic's lien claimants.
<br />The local agency also agrees to remedy, in a timely manner and to
<br />State's satisfaction, any latent defects occurring as a result of the
<br />project construction work.
<br />FUTURE MOVING OF INSTALLATIONS: Permittee understands
<br />and agrees to relocate a permitted installation upon notice by the
<br />Department. Unless under prior property right or agreement, the
<br />permittee shall comply with said notice at his sole expense.
<br />ARCHAEOLOGICAL/HISTORICAL: If any archaeological or
<br />historical resources are revealed in the work vicinity, the permittee
<br />shall immediately stop work, notify the Department's representative,
<br />retain a qualified archaeologist who shall evaluate the site, and make
<br />recommendations to the Department representative regarding the
<br />continuance of work.
<br />PREVAILING WAGES: Work performed by or under a permit may
<br />require permittee's contractors and subcontractors to pay appropriate
<br />prevailing wages as set by the Department of Industrial Relations.
<br />Inquiries or requests for interpretations relative to enforcement of
<br />prevailing wage requirements are directed to State of California
<br />Department of Industrial Relations, 525 Golden Gate Avenue, San
<br />Francisco, California 94102.
<br />RESPONSIBILITY FOR DAMAGE: The State of California and
<br />all officers and employees thereof, including but not limited to the
<br />Director of Transportation and the Deputy Director, shall not be
<br />answerable or accountable in any manner for injury to or death of any
<br />person, including but not limited to the permittee, persons employed
<br />by the permittee, persons acting in behalf of the permittee, or for
<br />damage to property from any cause. The permittee shall be
<br />responsible for any liability imposed by law and for injuries to or
<br />death of any person, including but not limited to the permittee,
<br />persons employed by the permittee, persons acting in behalf of the
<br />permittee, or for damage to property arising out of work, or other
<br />activity permitted and done by the permittee under a permit, or arising
<br />out of the failure on the permittee's part to perform his obligations
<br />under any permit in respect to maintenance or any other obligations,
<br />or resulting from defects or obstructions, or from any cause
<br />whatsoever during the progress of the work, or other activity or at any
<br />subsequent time, work or other activity is being performed under the
<br />obligations provided by and contemplated by the permit.
<br />The permittee shall indemnify and save harmless the State of
<br />California, all officers, employees, and State's contractors, thereof,
<br />including but not limited to the Director of Transportation and the
<br />Deputy Director, from all claims, suits or actions of every name, kind
<br />and description brought for or on account of injuries to or death of any
<br />person, including but not limited to the permittee, persons employed
<br />by the permittee, persons acting in behalf of the permittee and the
<br />public, or damage to property resulting from the performance of work
<br />or other activity under the permit, or arising out of the failure on the
<br />permittee's part to perform his obligations under any permit in respect
<br />to maintenance or any other obligations, or resulting from defects or
<br />obstructions, or from any cause whatsoever during the progress of the
<br />work, or other activity or at any subsequent time, work or other
<br />activity is being performed under the obligations provided by and
<br />contemplated by the permit, except as otherwise provided by statute.
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