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ENCROACHMENT PER.l\1IT GENERAL PROVISIONS <br />13-1 <br />1.This permit is issued under and subject to alllaws and ordinances of agencies-gGvemingthe encroachment herein 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,A41,048,662,672,695,700,860,892,3339,and 3675. <br />2.It is understood and agreed by the Permittee that the performance of any work under this permit shall constitute an acceptance of all the <br />provisions contained herein and failure on thePermittee's part to comply with any provision vvillbe cause for revocation of this permit. <br />Except as otherwise provided for public agencies and franchise holders,this permit isrevocable on five dl!Ys 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 asneat and clean condition as ispossible 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 bythe acceptance afthis permit to properly maL.'1tamany encroachment structure-placed by the Permittee on any <br />part of the County Highway and to immediately repair any damage to any portion afthe 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 afmis permit t6 make,,atits own expense,such repairs as may be deemed necessary by theCountyDepartmentofPubHeWorks. <br />6.It is further agreed by the Pemrittee that whenever construction,reconstruction or maintenance work upon the highway is necessary,the <br />installation provided f6r herein shall,upon request of the County Department of Public Works,be immediately moved or removed by andatthesoleexpenseofthePermittee. <br />7.No material used for fJllor backfrll in the construction of the encroachment shall beborrowed or taken from within the County right ofway. <br />8.All work shall be planned and 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 pennitted or w)Jich may arise out of me failure of me 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,andhold each of them harmless for such claim. <br />'10.All backfiII material is to be moistened 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 necessary to insure the return oithe 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 roadway as nearly as <br />possible in its original state or shaII 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 permission from abutting property-o"mers for the proposed work,such authority must be securedbythePenmtteepriortost3.ltingwork. <br />12.The current and future safety and convenience of the traveling public shall be given evelY consideration in the location and methods ofconstructionutilized. <br />13.The Pemlittee is responsible for the.preservation or survey mOlluments located within the area of work herein permitted.Prior to tbe start <br />of construction,survey monum(;nts 'thatpotentially may be disturbed shili be located and referenced by a Licensed Land Surveyor,and a <br />Comer Record frled with the County Surveyor.Any SUfyeyMonuments disturbed during the course of construction shall be reestablished <br />by a Licensed Laud Surveyor and another Comer Record filed willi the County Surveyor.(Land Sun'eyors'Act Section 8771) <br />14.Prior to any excavation,the Permittee shall notify USA North (Underground Service Alert of Northem California and Nevada)at 811 or800-227-2600 forty-eight (48)hours in advance. <br />X:IPERNUTS COUNrER\gen~a1 provisions\General Provisions 2013.do<:>;