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ENCROACHMENT PERMlT GENERAL PROv1SIONS <br />13-1 <br />1.This permit is issued llilderand subject to all laws and ordinances of agencies-governing 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 ORDINANCES NUMBERED:324,441,648,662,672,695,700,860,892,3339,and 3675. <br />2. <br />3. <br />4. <br />5. <br />6. <br />7. <br />8. <br />9. <br />'10. <br />It is understood and agreed by the PerIri.L~that the performance of any work under this permit shall constitute an acceptance ofall the <br />provisions contained herein and failure onthe Perroitteels partto complywith anyprov;ision will be cause for revocation of this permit <br />Except as otherwise provided for public agencies and franchise holders,this permit is revocable on five days notice. <br />All work shall be done subject to the supervision of and the satisfaction ofme grantor.',ThePermittee shall at all times during me progress. <br />of the work keep the County Highway in as neat and ~lean condition as is possible and upon completion ofllie work authorized herein, <br />shallleai;'e the County Highway in a thoroughly neat,clean and usable con~tion. <br />The Permittee'alsoagrees by the acceptance of this permit to properly maintain any encroachment s'cructure-placedby the Permittee on 8...TlY <br />part oime County Highway and to immediately repair any damage to anyportion oithe highway,which occurs as a result ofme <br />maintenance of the said encroachment structure,until such time as the Pennittee may be relieved oillie re"sponsibility for such maintenancebytheCountyofSanJoaquin. <br />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 />County DepartmenT ofPubIi"cWorks. <br />It is further agreed by the Permittee that whenever construction,reconstruction'or maintenanc~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 and <br />at me sol,eexpense of the Permittee," <br />No material used for fill or backfill in the construGtionof the eUGroachmentshall be borrowed or taken.from vvithinthe County right of",vay. <br />All work shall b~planned and carried out with as little inconvenience aspossible to the traveling public.No material shall be stacked <br />within eight feet (8')of the edge of the pavement or traveled way uil.lessotherwise provided herein.Adequate provision shall be made for <br />the protection of me rravelit.g"public.Traffic control standards shall be utilized including barricades;approved signs and lights;andflagmen,as required by the particular work in progress. <br />The Permittee,by the acceptance of this permit,shall assume full responsibility for allliahility for personal injury or damage to property <br />which may arise out of the work herein permitted or which may arise out of the failure bfthe part of the Permittee to properly perform the <br />work provided under this permit.In.the event any claim of such liability ismade ?.gainst 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 />All backfill material is to be moistened asnecessary and thoroughly compacted with mechanical means.Ifrequired by the County Director <br />ofFublic Works,such backfill shall consist of gravel or crushed rock.The Permittee shall maintain the surface over shuctures"placed <br />hereunder as may be neCeSS3.i"}'to insure the return of the roadway to a completely stable condition and until relieved of stich responsibility <br />by the County Depa..-tmeutof Public Works."Wherevera 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 as it \¥asbefore the <br />commencement of operations of placing the encroachment structure." <br />11.'When.ever it becomes necessary to secure pennission from abutfmg property O,:vuersfor the proposed work,such authority must be secured <br />by the Permittee prior to st:art:ing"work. <br />12.The current and future safety and convenience of the traveling public shall be given every consideration in the location and methods ofconsnllCtionutilized. <br />13.The Permittee is responsible for the preserVationof slln'ey monuments located ""ithin the area of work herein permitted..Prior to the start <br />of construction,survey monuments that potentially may be disturbed sh311be located and referenced by a Licensed Land Slli\;eyor,and a <br />Comer Record filed with the County SlLr.-veyor.Any Sm-vey Monuments disturbed during the course of construction shall be reeshblished <br />by a Licensed Land Surveyor and another Comer Record filed with the County Surveyor.(Land Sur-veyors'Act Section 8771) <br />14.Prior to any excavatio~the Permittee shallnotifYUSA Nor-ill(Underground Service Alert of North em California and Nevada)at 811 or800-227~2600 forty-eight (48)hours in advance.