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ENCROACHMENT PERMIT GENERAL PROVISIONSn-I <br />1.This permit is issued under aud subject to all laws and ordinances or agencies-g0vemmg the encroachment herem permim;d..see:the <br />following references: <br />STREETS AND HIGHWAYS C.oDE <br />1.Division 1,Chapted <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 C.oUNTY .oRDINANCES NUMBERED:324,441,048,662,672,695,700,860,892,3359,and 3675. <br />2.It is understood aud agreed by the Perrnit'-ceethat the performance of any work under this pennit shall constitute an acceptance of.all the <br />provisions contained herein and failure on the Permittee's paItto comply with any provJ.sion will be cause for revocation of this permit <br />Except as otherwise prQvlded for public agencies and franchise holders,this permit is revocable on five llifys notice. <br />3.All work shall be done subject to the superl'ision of and the satisfaction of me grantor.The Permittee sillill at all times during the progress. <br />of the work keep the County Highway in as neat and ~lean condition as is possible and upon completion of the work authorJ.Zed herein, <br />shall leave the County Highway in a thoroughly neat,clean and usable con~on. <br />4.The Permittee'also .agrees by the acceptance of this permit to properly maintain any encroachment structure-placed by the Permittee on a....'lY <br />part of the County HiRhway and to D-mnediately 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 be relieved of the responsibility for such maintenancebytheCountyofSanJoaquin. <br />5.The Permittee also agrees by the acceptance of this permit to make,.at its O'Wll expense,such repairs as may be deemed necessary by the <br />County Depar'Lillent of Public Works. <br />.. <br />6.It is further agreed by the Permittee that whenever construction,reconstruction Dr maintenance work upon the mgh.'way is necessary,the <br />installation provided for herein 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 for fill or backfill in the construction of the encroachment shall be borrowed or taken from within the County right ofway. <br />"8.All work shaD be planned and carried out with as little inco~venience as possible to the iraveliug 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 me traveling public.Tra.f:f1ccontrol standards shall be utilized iuc1uding barricades;approved signs and lights;and <br />flagmen,as required by the p8J.-ucular work in progress .. <br />9.The Permittee,by the acceptance of this permit,shall assume fLlllresponsibility for all liability for personal injury or damage to property <br />which may arise out of me work herein permitted or \vhich 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 deparbnent, <br />official or employee thereot 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 Peimittee shall maintain the surface over structures placed <br />hereunder as may be necessary to :insure the return of the roadway to a completely stable conditiou and.lll1til relieved of such responsibility <br />by the County Department of Public Works.Vlherever a gravel,crushed rock or asphalt surface is removed or damaged ill 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 cond1tion as it was before the <br />commencement of operations of placing the encroachment structure. <br />II,'Whenever it becomes necessary to secure permission from abutting property ovmers for the proposed work,such authority must be secured <br />by the Permittee prior to s"LMting v;'Ork <br />12.The current and future safety and convenience oillie traveling public shall be given evely"consideration in the location and methods ofconstmctiouutilized. <br />13.The Permittee is responsible for the preservation of survey monuments located within the area of'work herein permitted.Prior to th-.::start <br />of construction,survey mOnlli]lo:nts that potentially may be disturbed sh3.l1 be located and referenced by a Licensed Land SU:fveyor,and a <br />Comer Record filed with the County Surveyor.Any SUl""Vey Monuments disturbed during the course of construction shall be reesL'!.blished <br />by a Licensed Land Surveyor and another Comer Record filed with the County Surveyor.(Land SUi,'eyors'Act Section 8771) <br />14.Prior to ?illY excavation,the Permittee shall noti:fYUSA North (Underground'Service Alert of North em California and Nevada)at 811 or <br />800-227-2600 forty-eight (48)hours ill advance. <br />X:\PERMITS comn:ERlgeo=l provisions\G"neral Provisions 2013.doo: