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ENCROACHMENT PERMlT GENERAL PROVISIONS <br />13-1 <br />I.This permit is issued under and subject to all laws and ordinances of agencies-gGveming the encroachment herein permitted ..See.thefollowingreferences:. <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 ORDlNANCES NUMBERED:324,441,.648,662,672,695,700,860,892,333"9,and 3675. <br />2.It is understood and agreed by the Permittee that the performance of any work urrder this permit shall constitute an acceptance of all the <br />provisions contained herem and failure on the Permittee's Pfu-t"tO comply 'With any pro,,?-sion will be cause for revocation oftbis permit <br />Except as otherwise provided for public agencies and franchise holders,this permit is revocable on five days notice. <br />3.All work shall be done subject to the supervision of and the satisfaction of the grantor.The Permittee shall at all times during the progress. <br />of the work keep the COUlltyHighway 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?ition. <br />4.The Permittee'also .agrees by the acceptance of this penni!to properly maintain any encroachment structure.placed by the Permittee on a...'lY <br />part of the COUllty Highway and to immediately repair any damage to any portion oftbe 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 maintenancebytheCountyofSauJoaquin. <br />5.The PeTIJJ.ittee also agrees by the acceptauce ofIDis pennit to roa.1(e,.at its O"'W1l expense,such repairs as may be deemed necessary by the <br />County Department of Public Works. <br />.. <br />6.It is further agreed by the Permittee that whenever construction,reconstrucD.on.or maintenauce work upon the highway is necessaIy,the <br />installation provided for herein shall,upon request of the County Department of Public Works,be h""lliIlediately moved or removed by and <br />at the sale expense of the Permittee. <br />7.No material used for fill or backfill ill the construction of the encroachment shall be borrovi'ed or taken from within the County right of.way. <br />8.All work shall be plar:u.,ed and carried out with as little inconvenience as possible to the traveling public.No material shaU be stacked <br />within eight feet (8')of the edge of the pavement or traveled way unless otherwise provide~herem.Adequate provision shall be made for <br />the protection of me traveling public.Traffic con.trol 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 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 herem permitted or which may arise out of the failure of the part orthe 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 thereof;.the Permittee shill defend,indemnify,and hold each of them harmless ror 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 />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 ofPubEc 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 />possible in its original state or shall be replaced in kind,and the roadway shall be left in at least as good a condItion ~it was berore the <br />commencement of operations of placing the encroachment structure. <br />11.'Whenever it becomes necessary to secure permission from abutting property ovmers ror the proposed \'\fork,such authority must be securedbythePermitteepriortostarting.work. <br />12.The current and future safety and convenience of the rraveJ.iug public shall be given evel)'consideration in the location and methods ofconstructionutilized. <br />B.The Penni.ttee is responsible for the preservation of survey monuments located within the area of,'I'Ork berem permitted.Prior to ilie start <br />of construction,survey monu.m~nts that potentially may be disturbed shell be located and referenced by a Licensed Land Surveyor,and a <br />Comer Record filed with the County Slliveyor.Any Survey Monuments disturbed during the course of construction shall be reesi:3.blished <br />by a Licensed Land Surveyor and another Comer Record filed with the County Surveyor.(Land Slh'-veyors'Act Section 8771) <br />14.Prior to .any excavation,the Permittee shalt notifY USA North (Undergrouud Service Alert of Nor-them California and Nevada)at 811 or800-227-2600 forty-eight (48)hours in advance. <br />X:\PERM1TS COUl\TJ:ERlgen"J"ld provi;-ions\G"'leral Provisior'-s 2013.docx