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Agreement 04-2958 Project No. 0424000060 Project Development Agreement 2017-02-17/HIA (Created October 5, 2023) 11 of 22 In the event of any breach or default in performance by PERMITTEE, CALTRANS will look to the Performance Bond surety to either complete the PROJECT or place the State Highway System in a satisfactory operational condition and then cover all expenses incurred by CALTRANS in completing the PROJECT. CALTRANS will bill PERMITTEE for any additional expenditure not covered by the surety. PERMITTEE agrees to pay said expenses within thirty (30) days. 56. CALTRANS will not issue an encroachment permit to PERMITTEE for construction work until the following conditions are met: • CALTRANS accepts the final plans, specifications, and estimate • CALTRANS accepts the Right-of-Way Certification • CALTRANS accepts the CONSTRUCTION Quality Management Plan • Any new or amended maintenance agreements required for the WORK are executed 57. PERMITTEE will require the construction contractor to furnish payment and performance bonds naming PERMITTEE as obligee, and CALTRANS as additional obligee, and to carry liability insurance in accordance with CALTRANS Standard Specifications. 58. CALTRANS will review and concur with: • Change Orders affecting public safety, public convenience, protected environmental resources, the preservation of property, all design and specification changes, and all major changes as defined in the CALTRANS Construction Manual. These Change Orders must receive written concurrence by CALTRANS prior to implementation. • The Stormwater Pollution Prevention Plan (SWPPP) or the Water Pollution Control Plan (WPCP). 59. PERMITTEE is designated as the Legally Responsible Person pursuant to the Construction General Permit, State Water Resources Control Board (SWRCB) Order Number 2009-0009- DWQ, as defined in Appendix 5, Glossary, and assumes all roles and responsibilities assigned to the Legally Responsible Person as mandated by the Construction General Permit. PERMITTEE is required to comply with the CALTRANS MS4 National Pollutant Discharge Elimination System (NPDES) permit for all work within the State Highway System.