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Agreement 04-2958 <br />Project No. 0424000060 <br />Project Development Agreement 2017-02-17/HIA (Created October 5, 2023)11 of 22 <br />In the event of any breach or default in performance by PERMITTEE, CALTRANS will look <br />to the Performance Bond surety to either complete the PROJECT or place the State Highway <br />System in a satisfactory operational condition and then cover all expenses incurred by <br />CALTRANS in completing the PROJECT. CALTRANS will bill PERMITTEE for any <br />additional expenditure not covered by the surety. PERMITTEE agrees to pay said expenses <br />within thirty (30) days. <br />CALTRANS will not issue an encroachment permit to PERMITTEE for construction work until the <br />following conditions are met: <br />•CALTRANS accepts the final plans, specifications, and estimate <br />•CALTRANS accepts the Right-of-Way Certification <br />•CALTRANS accepts the CONSTRUCTION Quality Management Plan <br />•Any new or amended maintenance agreements required for the WORK are executed <br />PERMITTEE will require the construction contractor to furnish payment and performance bonds <br />naming PERMITTEE as obligee, and CALTRANS as additional obligee, and to carry liability <br />insurance in accordance with CALTRANS Standard Specifications. <br />CALTRANS will review and concur with: <br />•Change Orders affecting public safety, public convenience, protected environmental <br />resources, the preservation of property, all design and specification changes, and all <br />major changes as defined in the CALTRANS Construction Manual. These Change <br />Orders must receive written concurrence by CALTRANS prior to implementation. <br />•The Stormwater Pollution Prevention Plan (SWPPP) or the Water Pollution Control Plan <br />(WPCP). <br />PERMITTEE is designated as the Legally Responsible Person pursuant to the Construction General <br />Permit, State Water Resources Control Board (SWRCB) Order Number 2009-0009-DWQ, as <br />defined in Appendix 5, Glossary, and assumes all roles and responsibilities assigned to the <br />Legally Responsible Person as mandated by the Construction General Permit. PERMITTEE is <br />required to comply with the CALTRANS MS4 National Pollutant Discharge Elimination <br />System (NPDES) permit for all work within the State Highway System. <br />ATTY/AGR.2024.134/Caltrans and IQHQ (Elco Yards Highway Improvement Agreement)(REV: 08-20-24 VR) (Page 11 of 22) <br />6.K. - Page 23 of 67 <br />407