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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--gover.o:ingthe encroachment herem 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 C.oUNTY .oRDlNANCES NUMBERED:324,441,048,662,672,695,700,860,892,3339,and 3675. <br />2.it is lli"1derstoodand agreed by the Permittee that the performance of any work urrderthis permit shall constitute an acceptance of all the <br />provisions contained herein and failure onthe Permittee1sPB.1-tto comply with any pro'1sion will be cause for revocation oftbis permit <br />Except as otherwise prqvided for public agencies and franchise holders,this permit is revocable on five d~s notice. <br />3.All work shall be done subject to the supervision of and the satisfaction ofthe grantor.The Permittee shall at all times during the progress_ <br />of the work keep the County Highway in asneat and e:leancondition as ispossible and upon completion of the work authorized herein., <br />shall leave the County Hlghway in a thoroughly neat,clean and usable con~tion. <br />4.The Permittee-also agrees by the acceptance ofthis permit to properly maintain anyencToachment stmcture-p1a.cedby the Permittee on a...TJ.Y <br />part of the County Hig)J.wayand to immediately repair any damage to any portion of the highway,which occurs as aresult of the <br />maintenance of the said encroachment structure,until such time as thePermittee may be relieved of the respoILSibilityfor such maintenance <br />by the County of San Joaquin. <br />5.The Permittee also agrees by the acceptance of this permit to make,at its own expense,suchrepairs as may be deemed necessary by the <br />County Department ofPubIic Works. <br />.. <br />6.It is further agreed by the Permittee that whenever construction,reconstruction or maintenance 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 the Permittee. <br />7.No material used for fill or backfill in the construction of the encroachment shall be borrowed or taken from Vlrithio.the County right ofvvay. <br />8.All work shall b~planned and carried out with as Iir-Jeinconvenience as possible to the traveling public.No material shall be stacked <br />within eight feet (8')ofthe edge of the pavement or traveled way unless otherwise provided herein.Adequate provision shall be made for <br />the protection of the traveling public.Trafficcontrol standards shall be utilized including barricades;approved signs and lights;and <br />flagmen,as required by the particular work in progress.- <br />9.The Permittee,by the acceptan.ce of this permit,shall assume full responsibility for all liability for personal inju..-yor damage to property <br />which may arise out ofthe work herein pemritted or which may arise out oftbe failure of the part of the Permittee to properly perform the <br />work provided under thispermit.In the event any claim of such liability ismade against the County of San Joaquiu 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 asnecessary and thoroughly compacted with mechanical means.Ifr-equired 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 />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 isremoved 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 />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 operanoILSof placing the encroachment structure. <br />11.Whenever it becomes necessary to secure permission from abutting property O'i¥IlerSfor the proposed ''.lQrk,such authority must be securedbythePermitteepriortos'"li.U1:ing work. <br />12.The current and future safety and convenience ofllie traveling public shall be given every consideration in the location and methods of <br />construction utilized. <br />13.The PermitLteeis responsible for the preservation of survey monuments located "Withinthe a.reaof work herein permitted.Prior to the 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 filed with the County Su...I'eyor.Any Survey Monuments disturbed during the course of cOnstruCTIClilshall be rees"btblished <br />by a Licensed L311dSurveyor and an.otherCorner Record filed with the County Surveyor.(Land Sm"veyors'Act Section 8771) <br />14.Prior to any excavation,the Permittee shallnotify USA North (Underground Service Alert ofNor..hern California and Nevada)at 811 or <br />800-227-2600 fany-eight (48)hours in advance. <br />X::\PER:MlTS COur-TfERlgen=i[provisions\General Provisions 2013_doo; <br />•