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ENCROACHMENT PERMIT GENERAL PROVISIONS <br />13_1 <br />1.This permit is issued under and subject to all laws and ordinances of agencies-g8veming the encroachment herein permitted.-See.thefollowingreferences: <br />STREETS AND HIGHWAYS CODE <br />I.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 JOAQDm COUNTY 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 permit sllaiI constitute an acceptance of all the <br />provisions contained herein and failure on the Permittee's part to comply \Vithany prov~sion vv:illbe cause for revocation afmis permit <br />Except as othern~se prqvided for public agencies and franchise holders,this permit is revocable on five di:!Ysnotice. <br />3.All work shall be done subject to the supervision of and the satisfaction of the grantor.The Pennittee 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 ofllie 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 Highway and to immediately repair any damage to anyportion 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 maintenancebytheCountyofSanJoaquin.. <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 theCountyDepartmentofPubli"c Works. <br />6.It is further agreed by the P.errnitteethat 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 sole expen,seof the Permittee.. <br />7.No material used for fill or backfill h"1.the construction of the encroachment shall be borrowed or taken from within the County right of <br />way. <br />'8.All work shall be pLannedand carried out with as little inconvenience aspossible 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 control 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 ofllie 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 bemoistened asnecessary and thoroughly compacted with mechanical means.Ifrequired 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 necessa.-yto 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."Wherevera 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.Whenever it becomes necessary to secure penrussion from abutting property owners for the proposed work,such authority must be secured <br />by the Pennitt.ee prior to starting work. <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 Pemlittee is responsible for the preservation of survey monuments located witb.inthe area of work herein permitted.Prior to tll(;:start <br />of construction,survey monuments that potentially may be disturbed sh311be located and referenced by a Licensed Land Surveyor,and a <br />Comer Record filed with the County Surveyor.Any Survey Monuments disturbed during the course of construction shall be reest?blished <br />by a Licensed L:md Surveyor and anothe.rComer Record filed with the County Surveyor.(Land SUi:veyors'Act Section 8771) <br />14.Prior to any excavation,the Permittee shall notify USA North (Underground Service Alert of Northern California and Nevada)at 811 or <br />800-227-2600 forty~eight (48)hours in advance. <br />X:\PERMITS COIDmlgeneraJ provisiODs\General Provision;20i3.docx