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<br />ENCROACHMENT PEILIYJlTGENERAL PROVISIONS
<br />13-1
<br />1.This pemrit is issued under and subject to all laws and ordinances of agencies-governing the encroac1nnent herem permitted.See-the
<br />following references:.
<br />STREETS ANl)BIGHWAYSCODE
<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 JOAQUJN 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 mat the performance of any work under this permit shall constitute an acceptance of.ail the
<br />provisions contained herem and failure on the Permittee's part to comply with any provision will be cause for revocation of this permit
<br />Except as otherwise provided for public agencies and franchise holders,this pennit is revocable on five d<!ysnotice.
<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 ke,ep tbe County Highway in as neat and clean condition as is possible and upon completion of the work authorized herem,
<br />sha1lleave the County Highway in a thoroughly neat,clean and usable con?ition,
<br />4.The Permittee also agrees by the acceptance of this permit to properly maL.'"ltarnany encroachment structure-placed by the Permittee on 3...11.Y
<br />part of the County H\ghway and to immediately repair any damage to any portion.of the highway,which occurs as a result of the
<br />maintenance of me said encroach,llent structure,until such time as the Permittee may be relieved of the responsibility for such maD."renance
<br />by the County of San Joaquin.
<br />5.The Permittee also agrees by the acceptance of this pennit to make,,at its O,Vll expense,such repairs as may be deemed necessary by the
<br />County Department of Public Works.
<br />6.It is further agreed by the Permittee that whenever construction,reconstruction or maintenance work upon the highway is necessary,the
<br />instailation provided for herein shall,UPOll request oft.1-JeCounty Depmtment of Public \Vorles,be immediately moved or removed by and
<br />at the sole expense of the PeJJJJ.ittee.
<br />7.No material used for fijI or backfill in the construction of me encroachment shall be bOJIowed or taken from within the County right of
<br />way.
<br />8.All work shall be plalmed and carried out with as little inconvenience as possible to the traveling public.No material shall be stacked
<br />within eight feet (81)of the edge of the pavement or traveled way unless otherv.rise provided herein.Adequate provision shall be made for
<br />the protection ofthe 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 permit,shall assume full responsibility for al1liability 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 3I1Y 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 "Withmechanical 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 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 in the course of
<br />'York 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 the
<br />c0IDIJ?encement of operations of placing the encroachment structure.\
<br />11.ViThenever it becomes necessary to secure permission from abutting property owners for the proposed work,such authority must be secured
<br />by the Permittee prior to stalting work.
<br />12.The current and future safety and convenience of the traveling public shall be given evel}'consideration in the location and methods of
<br />construction utilized.
<br />13.The Permittee is responsible for the preservation of survey monuments located 'Wi.thinthe 3.rea of work herein permitted.Prior to the start
<br />of construction,survey monumcnts that potentially may be disturbed shall be located and referenced by a Licensed Land S1.2rveyor,and a
<br />Comer Record filed with the County Surveyor.lu1y Survey Monuments disturbed during the course of construction shall be reeshblished
<br />by a Licensed Land Surveyor and another Comer Record filed with the County Surveyor.(Land Surveyors'Act Section 8771)
<br />14.Prior to any excavation,the Permittee shall notifY USA North (Underground Service Alert ofNar-them California and Nevada)at 811 or800-227-2600 forty-eight (48)hours in advance.
<br />X;\PERMlTS COtJ},TTER\geJ1ernl provision;\Gnner:u Provisions 2013.doc~
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