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ENCROACHMENT PERMIT GENERAL PROVISIONS <br />13-1. <br />1.This permit is issued under and subject to all laws and ordD."1aDces of agencies-governing the encroachment herem permitted ..see.the <br />following references: <br />STREETS AND HIGHWAYS 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 Chapter 6 <br />SAN JOAQUIN COuNTY ORDINANCES NUMBERED:324,44V,48,662,672,695,700,860,892,3339,and 3675. <br />2.It is understood and agreed by the Permittee iliat the performance of any work under this permit shall constitute an acceptance of.all the <br />provisions contained herein and failure on the PeIIIlittee's Pfu."ii:o comply "Withany provisioil v.rillbe cause for revocation of this 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 ofllie grantor.The Permittee shall at all times during the progress. <br />of the work keep the County I-lighway in as neat and clean condition as is possible and upon completion of the work authorized herein, <br />shall leave the COUDtyHighway in a thoroughly ne~clean and usable con:lition. <br />4.The Permittee'also .agrees by the acceptance oftbis permit to properly maintain any encroachment struci.ure"pkced by the Permittee on my <br />part of the County HiKhway and to immediately repair any damage to any portion of the highway,which occurs as a result of me <br />maintenance oft.'f:te 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 CIVil 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,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 sale expense of the Permittee. <br />7.No material used for fill or bac1c5l1 in the construction of the encroachment sh.a11be borrowed or taken from within the County right of <br />vlay. <br />8.All work shall be planned and carried out 'With as little inconvenience as possible to the traveling public.No material shall be stacked <br />'Within eight feet (8')of the 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 con,trol standards shall be utilized including barricades;approved signs and lights;and <br />flagmen,as required by the particular work in progIess." <br />9.TnePermittee,by the acceptance oftbjs 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 event any claim of such liability is made against the County of San Joaquin or any department, <br />official or employee thereof,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.Ifrequired by the County Director <br />of Public Works,such backfill shall consist of gravel or crosbedrock The Permittee shall maintain tile surface over structures placed <br />hereunder as roay 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.Wherever a gravel,crushed rock or asphalt surface is removed or damaged 1i1 the course of <br />work related to the permitted encroachment,such material shall either be separately stored and replaced in the roadw!l-Y as nearly as <br />possible in its original state or sball be replaced in kind,and the roadway shall be left in at least as good a cond'ition as it was before the <br />commencement of operations of placing the encroachment structure. <br />11.Whenever it becomes necessary to secure permission from abutti+J-gproperty o'\:vners for the proposed work,such authority must be secured <br />by the Permittee prior to starting ,vork. <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 respoIlSwle for the preservation ofsUI\ley monuments located within the area of'work herein permitted.Prior to the start <br />of construction,survey monuments that potentially may be disturbed shill be located and referenced by a Licensed Land Surveyor,and a <br />Comer Record filed with the County Slli-veyor.Any Smyey Monuments disturbed during the course of construCTIon shall be reest9..blished <br />by a Licensed Lmd Surveyor and another Comer Record filed "Withthe County S~eyor.(Land Slli"Veyors'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)bours in advance. <br />X:\PERMITS COUl'<'"1ER\gem,raJ provisions\G::ner:al ProvisiOllS 20D.doo;: