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ENCRDACHMENT PERMIT GENERAL PROVISIONS <br />13-1 <br />1.This permit is issued under and subject to all laWs and ordinances or agencies-governing the encroachment herem.permitted..see.the <br />following references: <br />STREETS AND EIGHWAYSCODE <br />1.Division 1,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 ORDINANCES NUMBERED:324,441,$48,662,672,695,700,860,892,3339,and 3675 .. <br />2.it is understood and agreed by the Permittee that the performance of any work under this permi shall constitute an acceptance of.all the <br />provisions contained herein and failure on the Permittee!s part to comply with any pro~ion will be cause for revocation of this permit <br />Except as otherWise prQvided for public agencies and franchise holders.this permit is revocable on five days notice. <br />3..AlI 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 as neat and clean condition as is possible and upon completion of the work authorized herein., <br />shall leave the County Highway in a thoroughly neat,.clean and usable con?ition. <br />4.The Permittee'also ,agrees by the acceptance oftbis permit to properly maintairi.any encroachment structure-p1aced by the Permittee on any <br />part of the County Hi,g):lway and to immediately repair any damage to any portion oftbe highway,which occurs as a result of the <br />maintenance of the said encroachment structure,until such time as the Permittee may be relieved of the responsibility "for such maintenance <br />by the County of San Joaquin. <br />5.The Permittee also agrees by the acceptance of this permit to make,.at its own expense,such repairs as may be deemed necessary by the <br />County Department of Public Works. <br />.. <br />6.It is further agreed by the Permittee that whenever construction,reconstructiono!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 and <br />at me sole expense of the Permittee. <br />7.No material used for fill or backfill in the construction of the encroachment shall be borrowed or taken from within the County right of <br />'Vvay. <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 />within eight feet (8')ofllie edge of the pavement or traveled.way unless otherwise provided herein.Adequate provision shall be made for <br />the protection of the traveling public.Traffic coD;trol standards shall be utilized including barricades;approved signs and lights;and <br />flagmen,as required by the particular work in progress.- <br />9.The Permittee,by the acceptance oftbis permit,shall assume full responsibility for ail liability for personal injury or damage to property <br />which may arise out of me 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 event any claim of such liability is made against the County of San Joaquin or any department, <br />official or employee 1D.ereot:the Permittee shall defend,.indemnify,and hold each of them harmless for such claim. <br />10.All backfill material is to be moistened as necessary and thoroughly compacted with mechanical means.J£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 of1he roadway to a completely stable condition and until relieved of such responsibility <br />by the County Department of Public Works.Wherever 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 roadW!iY as nearly as <br />possible in its original sta1e Of shall be replaced in kind,and the roadway shall be left in at least as good a condltion as it was before the <br />.commencement of operations of placing the encroachment structure. <br />11."Whenever it becomes necessary to secure permission from abutting property owners for the proposed 'WOrk,such authority must be secured <br />by the Permittee prior to stmting work. <br />12.The current and future safety and convenience of the traveling public shall be given every.consideration in 'the location and methods of <br />construction utilized. <br />13.The Permittee is responsible for the preservation of survey monuments located 'Within the area of work herein permitted.Prior to the s'"l.Brt <br />of construction,.survey monuments that potentially may be disturbed sb.s11be located and referenced by a Licensed Land Surveyor,and a <br />Corner Record filed with the County Slli-veyor.Any Survey Monuments disturbed during the course of construcTIon shall be reesbblished <br />by a Licensed Land Surveyor and another Comer Record filed "Withthe County SUIVeyo~.(Land Su..,'eyors'Act Section 8771) <br />14.Prior to any excavation,the Permittee shall notify USA North (Underground Service Alert of North em California and Nevada)at 811 or <br />800-227-2600 forty-eight (48)hours in advance. <br />X:\PERMITS COUl\"IER\getle.raI provisions\G"lImal Provisions 2013.doc: