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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-governirig the 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:324,441,048,662,672,695,700,860,892,3339,and 3675. <br />2.It is understood and agreed by the Permittee that the performance of any work under this permit shaD constitute an acceptance of all the <br />provisions contained herem and failure on the Permittee's part to comply with any provision vviIl be cause for revocation afthis permit <br />Except as otherwise provided for public agencies and franchise holders,this permit is revocable on nve days notice. <br />3.All work shall be done subject to the supervision of and the 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 and upon completion of me work authorizeu herein, <br />shall leave the Connty Highway in a thoroughly neat,clean and usable condition. <br />4.TIle Permittee also agrees by the acceptance of this permit to properly maL.."1tainany encroachment structure-placed by the Permittee on 2....TlY <br />part cfthe Connty Highway and to immediately repair any damage to any portion of me highway,which OCCurs as a result of me <br />maintenance of the said encroachment structure,until such time as the Permittee may be relieved of the responsibility for such maintenance <br />by me County of San Joaquin. <br />5.The Permittee also agrees by the acceptance of this permit to make,.at its 0'WI1 expense,such repairs as may be deemed necessary by the <br />County Department ofPubli:C Works. <br />6.It is further agreed by the Permittee that whenever construction,reconstruction or maintenance work upon the bighway is necessary,tlle <br />installation provided for hereit"J.shall,upon request of the County Depa.,1:ment of Public Works,be immediately moved or removed by and <br />at the sol.e expense oftbe Permittee. <br />7.No material used ror fill or bacldill in the construction of me encroachment shall be borrowed or tal--en from within the County right ofway. <br />8.All worle shall be planned and earned 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 unless othenvise provided herein.Adequate provision shall be made for <br />the protection of the traveling public.Traffic con.trol standards shaD be utilized including barricades;approved signs and lights;aud <br />flagmen,as required by the particular work in progr.ess .. <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 any claim of such liability is made against the County of San.Joaquin or any department, <br />official or employee mereo£;the Permittee shall defend,indemnify,and hold each ofthern harmless for such claim. <br />'10.All backfill material is to be moistened as necessary and thoroughly compacted VYithmechanical means.Ifrequired by the County Director <br />of Public Works,such backfill shall consist of gravel or crushed rock.The Pennittee 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 />work related to the permitted encroachment,such material shall either be separately stored and replaced in the roadway as nearly as <br />possiqle 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 structure. <br />11.VVhenever it becomes necessary to secure permission from abutting property owners for the proposed 'work,such authority must be securedbythePerrn.ittee prior to starting work. <br />12.The current aud future safety and convenience of the traveling public shall be given every consideration in the location aud ~ethods ofconstructionutilized. <br />13.The Pemlittee is responsible for the preservation of survey monuments located within the area of work herein permitted.Prior to tIl(;start <br />of constmction,survey mOnUt,lcnts that potentially may be disturbed shall be 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 reestablished <br />by a Licensed Land Surveyor and another Corner Record filed with the County Surveyor.(Laud Surveyors'Act Section 8771) <br />14.Prior to any excavation,the Permittee shall notifY USA North (Underground Service Alert of Northern California and Nevada)at 8{1 or800-227-2600 forty-eight (48)hours in advance. <br />X;\PERMJTS COUNTER\geocraJ provisioo,\Gener:i1 ProvisiOll5 20J3.doo::