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ENCROACHMENT PERMIT GENERAL PROVISIONS <br />13-1. <br />1.This permit is issued under and subject to all laws and ordiriances or agencies-governing the encroachment herem permitted ..See-the <br />following references: <br />STREETS AND HIGHWAYS C.oDE <br />1.Division 1,Chapter 3 <br />2.Division 2,Chapter 2,SecTIon 942 <br />3.DivisioJl2,Chapter 4,Section 1126 <br />4.Division 2,Chapter 5.5 and Chapter 6 <br />SAN JOAQUIN C.ou"NTY .oRDINANCES NUMBERED:324,44U'-48,662,672,695,700,860,892,3339,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 md failure on the Permittee's Pfu-ttO comply with any proY;lsion -will be cause for revocation of this permit <br />Except as o1herwise prQvided for public agencies and franchise holders,tlJis permit is revocable on five d~'s notice. <br />3.All work shall be done subject to the supErVision of and the satisfaction of the grantor.Tne 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 ofllie work authorized here~ <br />shall leave the.County Highway in a thoroughly neat,clean and usable con?ition. <br />4.The Permittee'also .agrees by the acceptEnce of this permit to properly maintain any encroachment structure-placed by the Permittee on fl..'1Y <br />part of the County Highway and to immediately repair any damage to any portiollofthe highway,which occurs as aresultoftle <br />maintenance of the said encroachment structure,until such time as the Permittee may be relieved of the responsibility for such maintenance <br />by the County of San Joaquin. <br />5.The Permittee also agrees by the acceptEnce ofthiE permit to make,.at its own expense,such repairs as may be deemed necessary by the <br />County Department ofPubli"c Works. <br />.. <br />6.It is further agreed by the Permittee mat whenever construcTIon,reconstruction.oI"maintenance work upon the bighway 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 sol.e 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 ,vitbin the County right of <br />way. <br />8.All work shall b~planned and canied 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 otherwise 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 pfu-ticular work in progress .. <br />9.The Permittee,by the acceptance oHms permit,shall assume full responsibility for ali liability for personal injury or damage to property <br />which may arise.out of me work herein permitted or which may arise out of the failure of the 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 mereof,me Permittee shall defend,indemnify,and hold each of them harmless for such claim. <br />'10.AIl 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 condition and until relieved of such responsibility <br />by the Connty Department of Public Works.VYherever 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 roadW)3-Yas 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 condltion as it was before the <br />CODJJJ1encement of operations of placing the encroachment structure. <br />11.\iilhenever it becomes necessary to secure peIIO.ission from abutul"1.gproperty ovmers for the proposed ,,-'ork,such authority must be securedbythePermitteepriortostartingwork... <br />12.The ClUTent and future safety and convenience of the traveling public shall be given every consideration in the location and methods of <br />conshuct1on utilized. <br />13.The Permittee is responsible for the preservation or survey monuments lOGated 'Within the aJ:ea of work herein permitted.Prior to tb.e start <br />of construction,smvey monum~nts that potentially may be disturbed sh3lI be located and referenced by a Licensed Land Surveyor,and a <br />Corner Record iiled with the COUilty Surveyor.Any SUlyey Mommienis disturbed during the course of construction shall be reeshblished <br />by a Licensed Land SurVeyor and another Corner 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 of North em California and Nevada)at 811 or <br />800-227-2600 forty-eight (48)bours:in advance. <br />X:\PERMrrs COUh'TER\gener:al pTovisions\Genem Provisions 2013 .docx