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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 of agencies-g0veming the encroachment herem permitted ..see.the <br />following references: <br />STREETS AND HIGHWAYS c.oDE <br />1.Division I,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,.648,662,672,695,700,860,892,3339,and 3675. <br />2.It is understood and agreed by the Permittee that the performance of any work under this permit shall constitute an acceptance of all the <br />provisions contained herein and failure on the Permittee's parHa comply 'Withany prov~sioD will be cause for revocation of this permit. <br />Except as otherwise prqvided for public agencies and franchise holders,this permit is revocable on five d'hYS 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 COUIltyHighway in as neat and clean condition as is possible and upon completion of the work authorized herem, <br />shall leave the County Highway in a thoroughly neat,clean and usable con~tion. <br />4.The Permittee"also agrees by the acceptance of this permit to properly maintain any encroachment structure-placed by the PermLttee on any <br />part of the County Highway and to immediately repair any damage to any portion of the highway,which occurs as a result of the <br />maintenance efme said encroachment structure,until such time as the Permittee may be relieved of me responsibility for such maintenance <br />by the County ofSm Joaquin" <br />5.The Permittee also agrees by the acceptance of this permit to make,.at its O\VIl 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 that whenever construction,reconstruction or maintenanc~work upon the highway 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 sole expense of me Permittee. <br />7.No material used for fill or backfill in the construction of the encroachment shall be borrowed or taken from within the C01illty right of <br />way. <br />8.All work shall be planned and camed out with as little inconvenience as possible to the traveling public.No material shall be stacked <br />within eight reet (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 control standards shall be utilized including barricades;approved signs and lights;and <br />flagmen,as required by the p3.J.-TIcularwork in progress. <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 me failure of the part of the 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 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 Permittee shall maintain the surface over structures placed <br />herennder as may be necessary to insure the return of the roadway to a completely s'-LR-blecondition and until relieved of such responsibility <br />by the County Department of Public Works.Vlherever a gravel,crushed rock or asphalt surface is removed or damaged in the course of <br />work related to the permitted encroachmeut,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 roadvYa-Yshall be left m at least as good a condition as it was before the <br />commencement of operations of placing the encroachment structure. <br />11.'Whenever it becomes necessary to secure permission from abutting property O\?mers for the proposed work,such authority must 'be secured <br />by the Penni'ttee prior to starting 'work. <br />12.The current and future safety and convenience of the traveling public shall be given every"consideration in the location and ~ethods of <br />const.ucuon utilized." <br />13.The Permittee is responsible for me preservation.of survey monuments located within.the c.rea of,"I,'ork herem permitted..Prior to tile start <br />of construction,survey manum,cuts that potentially may be disturbed shall be located and referenced by a Licensed Land Surveyor,and a <br />Comer Record filed with the County Slli-veyor.Any Smvey Monuments distorbed during the course of construction shall be reestablished <br />by a Licensed Land Surveyor and another Comer Record filed witb.the Couuty Surveyor.(Land Smveyors'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)hours in advance.