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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 or agencies-gGveming the 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 JOAQUlN COUNTY ORDlNANCE~NUMBERED:324,441,~48,662,672,695,700,860,892,3339,and 3675 .. <br />2.It is understood and agreed bythe PennIttee that the performance of any work under tills permit shall constitute an acceptance of all the <br />provisions contained herein and failure on the Permittee's part to comply 'Withany pro'1sion will be cause for revocation of this permit <br />Except as otherwise prqvided for public agencies and franchise holders,this permit is revor;able on five days notice. <br />3.All work shall be done subject to the supervision of and the satisfaction of the grantor.Jhe Permittee shall 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 authorized herein, <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 Permittee on any <br />part of the County Hi.rJ1way and to immediately repair any damage to any portion of the highway.which occurs as a result of me <br />maintenance of the said encroachment structure.until such time as the Permittee may be relieved oftbe responsibility for such maintenance <br />by the Coun1y of San Joaquin. <br />5.The Permittee also agrees by the acceptance of this permit to make,.at its O"WIl expense.such repairs as may be deemed necessary by theCountyDepartmentofPublicWorks." <br />6.It is further agreed by the Permittee that whenever construction,reconstructiolJ."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 andatthesaleexpenseofthePermittee. <br />7.No material used for fill or backfill in the construction of the encroachment shall be borrowed or tak~n from within the County right of <br />Viray. <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 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 "shallbe 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 fur personal injury or damage to property <br />which may arise out of the work herein permitted or which may arise out ofthe 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 department, <br />official or employee thereof,.the Permittee shall defend,indemnify.and hold each ofthemharrnless for such claim. <br />"10.All back:fill material is to be moistened as necessary and thoroughly compacted 'Withmechanlcal 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 of Public Worles.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 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 condition as it was before thecommencementofoperationsofplacingtheencroachmentstructure. <br />11.Whenever it becomes necessary to secure permission from abutting property ovro-ers for the proposed \"-rork,such authority must be secured <br />by the Permittee prior to starting work <br />12.The current and future safety and convenience of the traveling public shall be given every"consideration in the loeation and ~ethods of <br />construction utilized. <br />13.The Permittee is responsible for the preseIVation of survey monuments located within the area Of'¥OTk herein permitted..Prior to the s'"..art <br />of construction,survey monuments that potentially may be disturbed shall be located and referenced by a Licensed Land Surveyor,and a <br />Corner Record filed with the County Surveyor.Any Survey Monuments disturbed during the course of construCTIon shall be rees-'L.3.blished <br />by a Licensed Land Surveyor and another Comer Record filed 'Withthe County Surveyor.(Land Sll.l-veyors'Act Section 8771) <br />14.Prior to any excavation,the Permittee shall notify USA North (Underground Service Alert of Northern California and Nevada)at 811 or <br />800-227-2600 forty-eight (48)hours in advance. <br />X:\PERMIrS COUNIER\gen~provisions\G"lle.ral Provisions .2013.dot:ll: