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ENCROACHMENT PERMIT GENERAL PROVISIONS <br />13 -1 <br />1. This pe11nit is issued under and subject to all Jaws and ordinances of agencies governing the encroachn1ent !1erein permitted. See the <br />following 1·efe!'ences: <br />STREETS AND I-ΠGHWA YS CODE <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 Cl1apte1· 6 <br />SAN JOAQUIN COUNTY ORDINANCES NUMBERED: 324,441, 648, 662,672,695, 700, 860, 892, 3359, and 3675 . <br />2 . It is υnderstood and agreed by the Pe11nittee that the performance of any work under this permit sl1a!l constitute an acceptance of all the <br />provisions contained !1erein and failure οη the Perιnittee's part to comply with any provision will be cause for !'evocation of this pennit. <br />Except as otherwise provided for public agencies and ftanchise holders, this pe11nit is revocab!e οη five days notice . <br />3. ΑΙΙ work shal! be done sυbject to the sυpervision ofand the satisfaction ofthe grantor. The Pennittee shall at all times dw·ing the progress <br />oftl1e wol'k keep the Coυnty Highway ίη as neat and clean condition as is possible and upon cOΙnpletion oftl1e wOΙ·k authorized herein, <br />shall Jeave the County Highway in a thoroughly neat, clean and usable condition. <br />4. The Permittee also agrees by the acceptance ofthis permit to propeι·ly maintain any encroachn1ent stl'Ucture placed by tl1e Perιnittee οη any <br />part ofthe County Higl1way and to immediately repair any damage to any portion ofthe highway, which occurs as a result ofthe <br />maintenance ofthe said encroachment structure, until such time as the Permittee may be relieved ofthe responsibility for such maintenance <br />by the County ofSan Joaquin . <br />5. The Permittee also agrees by the acceptance ofthis pel'!11it to make, at its οwη expense, such repairs as may be deemed necessary by the <br />County Departrnent of Public Works. <br />6 . It is furtl1er agreed by the Pe11nittee that whenever construction, reconstruction or maintenance work upon the highway is necessary, the <br />installation provided for herein shall, upon request ofthe County Department of Public Works, be immediately moved or removed by and <br />at the sole expense ofthe Perιnittee. <br />7. Νο material used for fill or backfill ίη the construction ofthe encroachment shall be boπowed or taken from within the County right of <br />way. <br />8. All work shall be planned and carried out with as little inconvenience as possible to the traveling public. Νο material shall be stacked <br />within eight feet (8') ofthe edge ofthe pavement or traveled way unless otherwise provided herein. Adequate provision shall be made for <br />the protection ofthe traveling public. Tι·affic control 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 ofthis pe11nit, shall assume full responsibility for all liability for personal injury or damage to property <br />which may arise out ofthe work herein permitted or which may arise out ofthe failure ofthe part ofthe Permittee to properly perform the <br />work provided under this pe11nit. Ιη the event any claim of such liability is made against the County of San Joaquin or any departrnent, <br />official ΟΙ' employee thereof, the Pe11nittee shall defend, indemnify, and hold each ofthem harmless for such claiιn. <br />1 Ο . Α!! baclcfill material is to be moistened as necessary and thoroughly compacted with mechanical means. Ifrequired by the County DiΓector <br />of Public Works, such backfill shall consist of gravel or crushed rock. The Pe11nittee shall maintain the surface over structures placed <br />heι·eunder as may be necessary to insure the retum ofthe 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 οι· asphalt surface is removed or damaged in the course of <br />work re!ated to the pennitted encroachment, such material shall either be separate!y stored and replaced in the roadway as nearly as <br />possible ίη its original state ΟΙ' shall be rep!aced ίη kind, and the roadway shall be left in at !east as good a condition as it was before the <br />commencement of operations of placing the encroachment structure. <br />11 . Whenever it becomes necessary to secure pel'l11ission from abutting property owners for the proposed work, such authority must be secured <br />by the Pe11nittee prior to starting work. <br />12 . The cuπent and future safety and convenience ofthe 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 ofsωΎey monuments !ocated within the area ofwork herein pennitted. Prior to the start <br />of construction, survey monuments that potentially may be disturbed shall be located and referenced by a Licensed Land Surveyor, and a <br />Comer Record filed with the County SuιΎeyoI . Any Survey Monuιnents disturbed during the course of construction shall be reestabJished <br />by a Licensed Land Surveyoι· and anothel' Coιneι· Recoι·d fi!ed with the County Su!'veyol'. (Land Surveyoι·s' Act Section 8771) <br />14. Prior to any excavation, the Pe11nittee shall notify USA North (Underground Service Alert ofNorthem Califoι'Πia and Nevada) at 811 or <br />800-227-2600 forty-eight (48) hours ίη advance . <br />X:\PE RJνΠTS COUNTER\general proν isions\Gen e ral Proνis ions 20 13 .docx