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ENCROACEMENT PERMIT GENERAL PROVISIONS <br />13-1 <br />1.This permit is issued under and subject to all laws and ordinances o-ragencies-g0veming the encroachment herein 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 JOAQlJlN COUNTY ORDINANCES NUMBERED:324,441,$48,662,672,695,700,860,892,3359,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 herein.and failure on the Permittee's partto comply with any prov;i-sion will be cause for revocation of this permit <br />-Except as otherwise prqvided for public agencies and franchise holders,this permit is revocable on five days notice. <br />3.All work shall be done subject to the supervision of and the satisfaction Dfthe grantor.The Permittee shall at all times during the progress- <br />of the work keep the COUDtyHighway in as neat and clean condition as is possible and upon completion of the work authorized herein., <br />sha1l1eave the County Highway in a thoroughly neat,clean and lJsable 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..T1.y <br />part of the County Highway and to immediately repair any damage to any portion of the highway,which occurs as a result of the <br />maintenance of the said encroachment structure,until such time as the Permittee may be relieved of the respoILSibility 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 OVin expense,such repairs as may be deemed necessary by the <br />County Department ofPubIi-c Works. <br />.. <br />6.It is further agreed by the Permittee thai whenever coustruction,reconstructiou.or maintenance WODe upou 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 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 COUilty right of <br />way. <br />E.All work shall be plann.ed and carried out with as little inconvenience as possible to the traveling public.No materia!shall be stacked <br />vrithin eight feet (8')of the edge of me pavement or traveled way unless othervl'ise provided herein.Adequate provision shall he made for <br />the protection of the traveli.."l.gpublic.Traffic con.trol standards.shall be utilized i:ucluding banicades;approved sigus and lights;and <br />flagmen,as required by the particular work in pro~ss.: <br />9.The Permittee,by the 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 pennitted or which may"arise out of me failure of the part of the Permittee to properly perform the <br />wOIk 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,indemn:ifY,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.Ifrequired by the County Director <br />of Public Works,such backfill shall consist of gravel or crushed rock.The PeImittee 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 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 origillal state or shall-be replaced in kind,and the roadway shall be left in at least as good a cond1tion ~it was before the <br />commeucement of operations of placing the encroachment structure. <br />11.Whenever it becomes necessary to secure permission from abutting property owners for t1?-eproposed 'Nork,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 location and methods of <br />construction utilized. <br />13.The Permittee is responsible for the preservanD:il of survey monuments located -within the area Of'i'lOrk herein pe11I1itted.Prior to the start <br />of construction,survey monlliJ.,-cnts that potentially may be disturbed shill be located and referenced by a Licensed Land Surveyor,and a <br />Comer Record filed vrith the County Sili-veyor.Any SUli,'ey Monuments disturbed during the course of construction shall be reeshblished <br />by a Licensed Land Surveyor and another Comer Record filed 'vlth the County Surveyor.(Land Sv....--veyors'Act Sec'"tion 8771) <br />14.Prior to any excavation,the Permittee shall notify USA North.(Underground Service Alert of North em California and Nevada)at 811 or <br />800-227-2600 forty-eight (48)hours in advance. <br />X;IPERMlTS COUNIER\genenl1 provisicms\G"oernl ProvisiOll5 2013.doo: