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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-gOYBming the encroachment herein permitted ..See.the <br />following references: <br />STREETS AND HIGHWAYS CODE <br />I.Division I,Chapter 3 <br />2.Division 2,Chapter 2,Secti0f1942 <br />3.Division 2,Chapter 4,Section 1126 <br />4.Division 2,Chapter 5.5 and Chapter 6 <br />SAN JOAQUIN COu"NTY ORDINANCES NUMBERED:324,441,~D48,662,672,695,700,860,892,3359,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 herem and failure on the Permittee!s part to comply vrith any provision will be cause for revocation of this permit <br />Except as otherwise provided for public ag~ncies and franchise holders,this permit is revocable on five dl:!Ys notice. <br />3.All work shall be done subject to the supervision of and the saiisfactiOD of me grantor.ne Permittee shall a!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 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 a..TJ.Y <br />part of the County Highway and to irrunediately repair any damage to aIlYportion of the hig1V1:'ay,which occurs as a result of the <br />maintenance of the said encroachment structure,until such time as the Perri:llttee may be relieved of the responsibility for such maintenance <br />by the County of San Joaquin. <br />5.The Permittee also a.:,oreesby the acceptauce of this permit to make,.at its ovm expense,such repairs as may be deemed necessary by the <br />County Department ofPubIi"c Works. <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 oftbe 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 v,rithin the County right of <br />VI'ay. <br />8.All work shall be plan.."1edand carried 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 ul11essotherwise provided herein.Adequate provision shall be made for <br />the protection of the traveling public.Traffic control standards shall be utilized inclmling barricades;approved signs and lights;and <br />flagmen,as required by the pfu--D.cularvyork in progress. <br />9.The Permittee,by the acceptance oftbis pennit,shall assume full responsibility for all liability for personal injury or damage to property <br />which may arise out of the work herein permitted or which may arise out offue failure of the part of me 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,indeJIlIlify,and hold each of them harmless for such claim.. <br />10.All backfill material is to be moistened as necessary and thoroughly compacted with mecha.u1cal means.Ifrequired by the County Director <br />of Public Works,such backfill shall consist of gravel or crushed rock.The Permittee shall maintain me surface over structures placed <br />hereunder as may be necessary to insure the return of the roadway to a completely stable conditioll and until relieved of such responsibility <br />by the County Department of Public 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 ill at least as good a concI1tion 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 ovvners"for the proposed work,such authority must be secured <br />by the Permittee prior to starting "i'l'ork.. <br />12.The current and future safety and convenieilce of the traveling public shall be given every.consideration in the locanon and methods of <br />conshuction utilized. <br />13.The Permittee is responsible for the preservation of Sili-vey monuments located within the 8.fea of work herein permitted.Prior to tile start <br />of COllStruCTIOD,survey monuments that potentially may be disturbed shcll be located and referenced by a Licensed Lap.d Surveyor,and a <br />Corner Record flIed with the County Slli-veyor.Any Smvey Monumeilts disturbed during the course of construcnon shall be reeshblished <br />by a Licensed Land Surveyor and another Corner Record filed with the County Surveyor.(Laud Slli"l1eyors'Act Section 8771) <br />14.Prior to any excavation.,the Pem:rittee shall noti..ry USA North (Und.ergroUIld Service Alert of North em California and Nevada)at 811 or <br />800-227-2600 forty-eight (48)hours in advance.. <br />X:\PERMITS COUh'TER\g~ernI provisions\Genernl Provisions 20B.doLt;