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ENCROACHMENT PERMIT GENERAL PROVISIONS <br />13-1. <br />1.This pennit is issued under and subject to all laws and ordinances of agencies-gGverning the encroachment hereiu permitterl.-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 ORDINANCES NUMBERED:324,441,.648,662,672,695,700,860,892,3339,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 herein and failure on the Perruittee's partto comply wiill any provision IVillbe cause for revocation of this permit. <br />Except as otherwise prqvided for public agencies and franchise holders,this permit is revocable on five da,ys 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 me 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?ilion. <br />4.The Permittee.also .agrees by the acceptance oftbis 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 of me highway,which occurs as a result ofllie <br />maintenance of the said encroachment structure,until such time as the Permittee may be relieved of the responsibility for such maintenance <br />by the County of sail Joaquin. <br />5.The Permittee also agrees by the acceptance of this permit to make,,atits ovm expense,such repairs as may be deemed necessary by the <br />County Department of Public Works, <br />6.It is further agreed by the Permittee that whenever construction,reconstruction -ormaintenance work:upon the bighway 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 within the County-right of <br />Vi'3-y. <br />"8.All work shall be planned and carried out with as little mconveDience as possible to the traveling public.No material shall be stacked <br />within eight feet (8')of the edge of me 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 shall be utilized including barricades;approved signs and lights;and <br />flagmen,as required by the particular "WOrkIn progress .. <br />9.The Permittee,by me 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 herein permitted or which may arise out oft1e failure of the part ofllie 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 and thoroughly compacted with mechanical means.Jirequired by the County Director <br />of Public Works,such backfill shall consist of gravel or crushed rock The PeIm.ittee shall maintain the surface over structures placed <br />hereunder as ID2.Y 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 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.ay 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 operations of placing the encroachment structure. <br />11.Whenever it becomes necessary to secure permission from abutting properry ovroers for the proposed "'lorlc,such authority must be secured <br />by the Permittee prior to ~tarting \'I'C!rk. <br />12.The current and future safety and cODvemence of the traveling public shall be given every.consideration in.the location and mefhods of <br />construction utilized, <br />13.The Permittee is responsible for the preservation of survey monuments located "'Wi.thinthe area of work herem permitted.Prior to the start <br />of construction,survey monuments that potentially may be disturbed shill be located anel referenced by a Licensed Land Surveyor,and a <br />Conier Record iiled with the County S1!.L-veyor.lilly SUI"vey Monuments disturbed during the course of construCTIon shall be reest?blished <br />by a Licenst;:d Land Surveyor and another Comer Record filed with the Couniy Surveyor.(Land Slli'veyors'Act Section 8771) <br />14.Prior to .any excavation,the Permittee shall notify USA North (UndergrolUld Service Alert of Northern California and Nevada)at 811 or <br />800-227-2600 forty-eight (48)hOlli-s in advance. <br />X:\PERMITS C01.INJ:ER\gcn=l pmvismns\G"D5ral Pmvi""llS 2013 .doe>:: <br />,