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City of San Leandro <br /> <br /> <br />4 <br /> <br /> <br />11. Encroachment Permits. STATE shall issue, upon proper application, the <br />encroachment permits required to perform maintenance within STATE Right-of <br />Way. LOCAL AGENCY, its contractors, and authorized agents will not work <br />within the State highway right-of-way without an encroachment permit issued <br />to the LOCAL AGENCY. The encroachment permit shall list any and all <br />contractors and agents allowed to work under it. STATE shall issue <br />encroachment permits to LOCAL AGENCY at no cost. If the encroachment <br />permits and this AGREEMENT conflict, the requirements of this AGREEMENT will <br />prevail. <br /> <br />12. Traffic Control. LOCAL AGENCY shall provide all traffic control measures as <br />per the terms stated in the General and Special Provisions of the <br />encroachment permit obtained to engage in the maintenance, repairs, <br />replacements, reinstallations, removals, and relocations of LESDs under this <br />AGREEMENT. <br /> <br />13. Personal Data. STATE shall not have access to or control of the collected <br />personal data through the LOCAL AGENCY’s LESDs. LOCAL AGENCY shall <br />ensure that the STATE will not have access to the data collected by the <br />LESDs. <br /> <br />14. Safety and Worker Compliance. LOCAL AGENCY shall be solely responsible <br />for crew pay, workers compensation and any other benefits required by state <br />and federal law. Subcontractors and crew members are not considered <br />STATE’s employees at any time. LOCAL AGENCY shall comply with all <br />applicable State and Federal statutes and regulations governing worker and <br />public safety, including but not limited to compliance with CAL-OSHA <br />regulations and guidelines. LOCAL AGENCY shall make arrangements <br />through the STATE if traffic controls, flags, signs, or lane closures are necessary <br />to safely perform any maintenance services. Dependent on the safety <br />aspects of the work site, STATE’s personnel shall not be required to be at the <br />worksite but shall be within the geographic area to respond to emergencies. <br /> <br />15. Budget Contingency. STATE’s obligations assumed under this AGREEMENT shall <br />be contingent upon the Legislature appropriating sufficient funds under the <br />Budget Act and the encumbrance of funding to the STATE’s District Office. <br /> <br />16.Legal Relations and Responsibilities. <br />16.1 No Third-party Beneficiaries. This AGREEMENT is not intended to <br />create duties, obligations, or rights of third parties beyond the <br />PARTIES to this AGREEMENT. Nor does this AGREEMENT affect a <br />PARTY’s legal liability by imposing any standard of care for the