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ENCROACHMENT PERMIT GENERAL PROVISIONS <br />13-1. <br />1.1ms permit is issued under and subject to all1aws and ordinances of agencies-gGveming the encroachment herem permitted.-See.the <br />following references: <br />STREETS AND IDGHWAYS C.oDE <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 JOAQUIN C,OUNTY.oRDINANCES 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 pelJDit"shall constitute an acceptance of all the <br />provisions contained:herem and failure on the Permittee's part"to comply "Withany provJ.sion will be cause for revocation of this permit <br />Except as otherwise pfQvided 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 as neat and ~le811condition as is possible and upon completion ofllie work authorized herein, <br />shall leave the County Highway in a thoroughly neat,clean and usable condition. <br />4.The Permitt6e'aIso ,agrees by the acceptance of this permit to properly maintain any encroachment structure-placed by the Permittee on a..'1}' <br />part of the County Highway and to immediately repair any damage to any portion of the 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 maiutenance <br />by the County of San Joaqum. <br />5.The Permittee also agrees by the acceptance of this permit to make,,at its O'WIl expense,such repairs as may be deemed necessary by the <br />County Department ofPuhlic Works. <br />.. <br />6.It is fu.rJwr agreed by the Permittee that whenever coustruction,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 and <br />at the sol.e expense of the Permittee. <br />7.No material used for fill or backfill in the COllstroction of the encroachment shall be borrowed or taken from within the County right ofvvay. <br />8.All work shall be planned and carried out with as little incollvenience as possible to the traveling public,No material shall be slacked <br />l¥ithin eight feet (8')of the edge of the pavement or traveled way li.L-uessotherwise provided herein.Adequate provision shall be made for <br />the protection of the traveling public.Traffic 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 Pennittee,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 ofllie 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 0-[San Joaquin or any department, <br />official or employee thereof,the Permittee shall.defend,indemnify,and hold each ofthemhannless for such c1ai.rrL <br />'10,All backfill material is to be moistened as necessary and thoroughly compacted with mechanical means.Ifrequired by the County Director <br />of Public Viorks,such backfill shall consist of gnlvel or crushed rock The Pei:mittee 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.Vi'herever a gravel,crushed rock or asphalt surface is removed or illImaged in the course of <br />work related to the permitted encroachment,such material shall either be separately stored and replaced in the roadW!lY as nearly as <br />possible in its original state or shall be replaced in kind,and the roadvvay shall be left in at least 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 permission from abutting property oV,Jnersfor the proposed 'ivork,such authority must be secured <br />by the Permittee prior to st.fu.-tingwork. <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 />constl.1ction utilized.. <br />13.The Permittee is responsible for the preservatiol'l of survey monuments located within the area of work bereinpermitted.Prior to ilie start <br />of construction,survey monmJ.1cnts that potentially may be disturbed shill be located and referenced by a Licensed Land Surveyor,and a <br />Comer Record filed with the County Su...-veyor.Any SUlyey Monuments disturbed during the course of construction shall be reest.'tblished <br />by a Licensed Laud Surveyor and another Comer Record filed with the County Surveyor.(Land Sfu-veyors'Act Section 8771) <br />14.Prior to any excavation,the Permittee shall notify USA North (Uudergrouud Service Alert of North em California and Nevada)at 811 or <br />800-227-2600 forty-eight (48)hours in advance. <br />X:IPERMIrS COUh'TERlgeoern!provisiOJJs\Geoernl Pmvi;ions 2013.doo::