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ENCRDACHMENT PERMIT GENERAL PROVISIONS <br />13.1 <br />1.This pennit is issued under and subject to al11aws and ordinances of agencies~goveming the encroachment herein permitted ..see thefollowingreferences: <br />STREETS AND HIGHWAYS CODE <br />1.Division I,Chapter 3 <br />2.Division 2,Chapter 2,Section 942 <br />3.Division 2,Chapter 4,Section 1126 <br />4.Division 2,Chapter 5.5 and Chapter 6 <br />SAN JOAQUlN COUNTY ORDmANCES NUMBERED:324,441,648,662,672,695,700,860,892,3339,and 3675. <br />2.It is understood and agreed by the Permittee that the performance of any work under this permit shall constitute an acceptance of.all the <br />provisions contained herein and failure onthe Permittee's part to comply with any provision will be cause for revocation arthis permit <br />Except as otherwise provided for public agencies and franchise holders,this permit is revocable on five days notice. <br />3.All work shall be done subject to the supervision of and the satisfaction of the grantor.The Permittee shall at all times during the progress. <br />of the work keep the County Highway in asneat and clean condition asis possible and upon completion of the work authorized herein, <br />shall leave the County Highway in a thoroughly neat,clean and usable condition. <br />4.The Permittee also agrees by the acceptance of this permit to properly maintain any encroachment structure-placed by the Permittee on any <br />part of the County Higp.wayand to immediately repair any damage to any portion ofthb highway.which occurs as a result of the <br />maintenance of the said encroachment structure.until such time as the Permittee may be relieved"ofthe responsibility for such maintenancebytheCountyofSanJoaquin. <br />5.The Permittee also agrees by the acceptance of this permit to make,.atits own expense.such repairs as may be deemed necessary by theCountyDepartmentofPublicWorks. <br />6.It is further agreed by the Permittee that whenever construction,reconstruction or maintenance work upon the highway is necessary,the <br />installation provided for herein shall.upon request of the County Department of Public Works.be immediately moved or removed by andatthesaleexpenseofthePermittee. <br />7.No material used for fIJI or backfill in the construction of the encroachment shall be borrowed or taken.from within the County right ofway. <br />8.All work shall be planned and camed out with as little inconvenience as possible to the.traveling public.No material shall be stacked <br />vvithin eight feet (8')of the edge of the pavement or traveled way unless othelWise provided herem.Adequate provision shall be made for <br />the protection ofrlie traveling public.Trafficcontrol standards shall be utilized including barricades;approved signs and lights;andflagmen.as required by the particular work in progress... <br />9.The Permittee.by the acceptance of this permit,shall assume full responsibility for all liability for personal injury or damage to property <br />which may arise out of the work herein permitted or which may arise out of the failure of the part of the Permittee to properly perform the <br />work provided under this permit.In the "eventany claim of such liability is made against the County of San Joaquin or any department., <br />official or employee thereof,the Permittee shall defen~indemnifY,and hold each of them harmless for such claim. <br />'10.All backfill material is to be moistened as necessary and thoroughly compacted vvithmechanical means.If required by the County Director <br />of Public Works.such backfill shall consist of gravel or crushed rock.The Permittee shall maintain the surface over structures placed <br />hereunder as may be necessary to insure the return of the roadway to a completely stable condition and until relieved of such responsibility <br />by the County Department of Public Works.\Vherever a gravel.crushed rock or asphalt surface is removed or damaged in the course of <br />work related to the permitted encroachment,such material shall either be separately stored and replaced in the roadway as nearly as <br />possible in its original state or shall be replaced in kind,and the roadway shall be left in at least as good a condition as it was before thecommencementofoperationsofplacingtheencroachmentstructure. <br />11.\Vhenever it becomes necessary to secure permission from abutting property owners for the proposed work,such authority must be securedbythePermitteepriortostaltingwork. <br />12.The current and future safety and convenience of the traveling public shall be given every consideration in the location and methods ofconstructionutilized. <br />13.The Permittee is responsible for the preservation of survey monuments located within the crea of work herein permitted.Prior to tll~start <br />of construction.survey monuments that potentially may be disturbed shall be located and referenced by aLicensed Land Surveyor,and a <br />Corner Record filed with the County Surveyor.Any Survey Monuments disturbed during the course of construction shall be reest"l.blished <br />by a Licensed Land Surveyor and another Comer Record filed with the County Surveyor.(Land Surveyors'Act Section 8771) <br />14.Prior to any excavation,the Permittee shallnotifYUSA North (Underground Service Alert of Northern California and Nevada)at 811 or800-227-2600 forty-eight (48)hours in advance. <br />X:\PERMITS COUNTER\generaJ provisions\Generai Provisions 2013.doc:x