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ENCROACHMENT PERMIT GENERAL PROVISIONS <br />13.1. <br />1.This permit is issued under and subject to all laws and ordiI18llCes of agencies-gGvemmg the encroachment herein permitted.See,mefollowingreferences: <br />STREETS AN1l 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:324,441,b48,662,672,695,700,860,892,3339,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 the Permittee's part to comply \'\lith any provision vviil be cause for revocation of this permit <br />Except as otherwise provided for public agencies and franchise holders,this permit is revocable on .five di:!Ys notice. <br />3.All work shall be done subjectto the supervision of and the satisfaction of the grantor.Tne Permittee shall at all times during the progress. <br />of the work keep the Co"untyHighway in ~s neat and clean condition as is possible and upon completion ofllie work authorizeu herein, <br />shall leave the County Highway in a thoroughly neat,clean and usable con?ition. <br />4.The Permittee also agrees by "!he acceptance of this pennit to properly mai..'1talllany enc-roachment struc~re-placed by the Permittee on a...TlY <br />part oftbe COllilty Higpway 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 he 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 OIvnexpense,such repairs as may be deemed necessary by theCountyDepar-l.illent of PublIc Works. <br />6.It is further agreed by the Permittee that whenever construction,recans1ructioiloT maintenance work upon the highway is necessary,the <br />installation provided for hereiIl 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 ror fill or backfill in the construction of the encroachment shall be borrowed or taken from within the County right ofway. <br />8.All work shall be pJa..-med 8.t""1dcarried out wi'll,.as little inconvenience as possible to the traveling public.No material shall be stacked <br />within eight feet (8')of the edge ofibe pavement or traveled way unless othenvise 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 progress... <br />9.The Permittee,by.the acceptance of this pennit,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 me failllIe of the part of the Permittee to properly perform the <br />work provided under this perrilli.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 crushed rock.The Permittee shall maintain the surface over structures placed <br />hereunder as may be necessary to insure the return ofthe roadway to a completely stable condition and until relieved of such responsibility <br />by the County Department of Public Works.'Nherever 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 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.\Vhcnever it becomes necessary to secure permission from abutting property O\:v.rJersfor the proposed ,vork,such authority must be securedbythePermitteepriortostaJtingwork. <br />12.The current and future safety and'c<;mvenience of the traveling public shall be given every consideration in the location and methods ofconSlmction.utilized. <br />13.Tbe Permittee is responsible for the preservation of survey monuments located within the area of work herein permitted.Prior to the stmt <br />of construction,survey mOlllli"!lCntsthat potentially may be disturbed sh221be located and referenced by a Licensed Land Surveyor,fuld a <br />Comer Record IJed willI the County Surveyor.Any Smvey Monuments dishlrbed during the Course of construction shall be reesmblished <br />by a Licensed Land Surveyor and another Comer Record filed -with the County Surveyor.(Land SUl"veyors'Act Sec~on 8771) <br />14.Prior to any excavation,the Perm:ittee shall no1ifY USA North (Underground Service Alert of Northern California and Nevada)at 811 or800~227-2600 forty-eight (48)hours in advance. <br />X,\PERMITS COlJ}.,'IER\ilenenU pmvisions\Ge"ora!Provisions 20]3.doc>: