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ENCROACHMENT PERMIT GENERAL PROVISIONS <br />13-1. <br />1.This permit is issued under and su~ject to all laws and ordinances of agencies-governing 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 JOAQUJN COUNTY .oRDINANCES NOMBERED:324,441,.048,662,672,695,700,860,892,3359,,md 3675. <br />2.It is Uilderstood 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 Permitteels partto comply with any provision vvill be cause for revocation of this permit <br />Except as otherwise provided for public agencies and franchise holders,this permit is revocable Oil five d"!Ysnotice. <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 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 ofthis permit to properly maintain any encroachment structure-placed by the Permittee on a...'lY <br />part of the County Highway and to immediately repair any damage to any portion oftbe highway,which occurs as a result of the <br />maintenance afthe said encroachment structure,until such time as the Permittee may be relieved of the responsibility for 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,such repairs as may be deemed necessary by the <br />Couuty Department of Public 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 ofllie County Depa...-tment of Public Works,be immediately moved or removed by and <br />at the sale 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 wifhin the Cauuty right ofway. <br />8.All work shall be planned and carned out with as little mconveIlience as possible to the traveling public.No material shall be stacked <br />within eight feet (8')of the edge oftbe pavement or traveled way unless othenvise provided herein.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;aud <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 ar damage to property <br />which may arise out of me work herein permitted or which may arise out of me 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 of them harmless for such claim. <br />'10.All backfill material is to be moistened as necessary auG thoroughly compacted with mechanical means.Ifrequired by the Counry Director <br />of Public Works,such backfill shall consist of gravel or cruSbedrock The PeImittee shall maintain the surface over structures placed <br />hereunder 8.'l 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 rockor 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 a:sit was before the <br />commencement of operations of placing the encroachment structure. <br />11.VVhenever it becomes necessary to secure permission fro~abutting property o,mers for the proposed work,such authority must be secured <br />by tIle-Permittee.prior to starting work. <br />12.The current and future safety and convenience;oithe traveling public shall be given every'consideration in the locanoIl.and methods of <br />conshucuon utilized. <br />13.The Permittee is respo.nsible for the preservatio:n.of survey monuments located within the area of work hel'ein permitted.Priorto th~s'"tMt <br />of construction,survey monUJl1cnts that potentially may be disturbed sh3l1 be located and referenced by a Licensed Land SllJ.\;eyor,and a <br />Comer Record filed with the County Su.rveyor.Any SUlyey Monuments disturbed during the course of construCTIon shall be reest"lblisbed <br />by a Licensed Laud Surveyor and another Comer Record filed \Vith the County Surveyor.(Laud Su.rveyors'Act Section 8771) <br />14.Prior to any excavation,the Permittee shall nofu-y USA North (Underground Service Alert ofNorihem California and Nevada)at 811 or <br />800-227-2600 forty-eight (48)hours in advance. <br />X:\PERMITS COUNrER\generil pmvisioDS\G~nernl Pro-.,.isious lOB.doO';