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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 or agencies-gove:m.iJJ.g the encroachment herem permitted ..See.thefollowingreferences: <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 5.5and Chapter 6 <br />SAN JOAQUIN COUNlY ORDINANCES NUMBERED:324,441,,,48,662,672,695,700,860,892,3359,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 herem and failure on the Permittee's part to comply with any prov~sion will be cause for revocation afthis permit. <br />Except as othenvise provided for public agencies ~d franchise holders,this permit is revocable on five da;ys notice. <br />3.All work shall be done subject to me supervision of and tlle satisfaction of me grantor.The Permittee shall at all times during the progress. <br />of the work keep the County Highway in as neat and clean condition as is possible fu"1dupon completion ofllie work authorized herem, <br />shall leave the County Highway in a thoroughly neat,clean and usable con.dition. <br />4.The Permittee also agrees by the acceptance of this permit to properly maintain any encroachment structure-placed by the Permittee on 8...11Y <br />part of the County Hiz..hway and to immediately repair any damage to any portion of the highway,which occurs as a result of me <br />maintenance of the said encroachment structure,UDtil 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 the <br />County Department ofPubHc Works. <br />6.It is further agreed by the Pennittee L..1atwhenever construction,reconstruction-Or maintenance work upon the highway is necessary,the <br />installation provided for herein shall,upon request ofllie County Department of Public Works,be immediately moved or removed by andatthesoleexpenseoftnePermittee. <br />7.No material used for fill or backfill in the construction offfie encroachment shall be bOlTowed or taken from within the County right ofway,. <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 lmless othenvise provided herein.Adequate provision shall be made for <br />the protection of the traveling public.Traffic cOll.ITolstandards shall be utilized including barricades;approved signs and lights;andflagmen,as required by the particular work in progr.ess... <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 which may arise out of the failure oftne part of me Permittee to properly perform the <br />work provided under this pennit.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 baclcfill 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 tlle 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 COUDty Deparbnent of Public Works.\Vherever a gravel,crushed rock or asphalt surface is removed or damaged 1.J."1the 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 the <br />commencement of operations of placing the encroachment s1lucture. <br />11.Whenever it becomes necessary to secure permission from abutting property owners for the proposed 'ivork,such authority must be secured <br />by the Permittee prior to starting work. <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 Permittee is responsible for the pl.eservatioE of suc'r'ey monuments located within the area of'ivork hel.ein permitted.Prior to tll'3 start <br />of construction,survey monuments that potentially may be disturbed shall be located and referenced by a Licensed Land Surveyor,and a <br />Comer Record [Jed with the County Surveyor.Any Survey Monuments disturbed during the course of construction shall be reestlblished <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 shalt notify USA North (Underground Service Alert of North em California and Nevada)at 811 or800-227-2600 forty-eight (48)hours in advance.. <br />X:\PERMITS COUNTER\genernl pfOvj$ions\Gen~rnl Provisions 2013.doo,: