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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-gGverrring 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 />SA-'l JOAQUW COUNTY .oRDINANCE"NUMBERED:324,441,~o48,662,672,695,700,860,892,3359,and 3675. <br />2.It is understood and agreed by the Pe~J£e that the performance of any work under this permit shall constitute an acceptBnce of all the <br />provisions contained herein and failure on the Permittee's paIt"to comply 'With auy provision 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 dz0rs notice. <br />3.All work shall be done subject to the supervision of and the satisfaction of the grantor.'.ThePermittee shall at all times during the progress. <br />of the work keep the County Highway in as neat and qlean condition as is possible and upon completion ofllie work authorized herein., <br />shall leave the County Highway in a thoroughly neat,clean and usable con~tion. <br />4.The Pe:rmittee.also agrees by the acceptance oftbis permit to properly mairrtain any encroachment structu...re-p1aced by the PermLttee on <'L'lY <br />part of the County Hig]:lway an d 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 respaIlSibility 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 />County Department ofPubJic Works. <br />.. <br />6.It is further agreed by me Permittee that whenever conshuctioll,reconstruction or maintenance 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 sale expense ofth.e 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 or <br />\vay. <br />&.All work shall be planned and carried out with as little inconvenience as possible to the traveling public.No material shall be stacked <br />within eight reet (8')of th.e edge of the pavement or traveled way ull.less otherwise provided herein.Adequate provision shall be made for <br />the protection of the traveling public.Traffic control standards shall be utilized including barricades;approved signs and lights;and <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 or damage to property <br />which may arise out of me work herein permitted or which may arise out of the 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 s).1chclaim. <br />.10.All bacldill 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 crusbed rock.The Pehnittee 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 Deparb:nent of Public Works.\Vherever a gravel,crushed rock or asphalt surface is removed or damaged L'l.the course of <br />work related to the permitted encroachment,such material shall either be separately stored and replaced in the road~y 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 />II."Whenever it becomes necessary to secure permission from abutting property ovmers for the proposed work,such authority must be securedbythePermitteepriortostartingwork. <br />12.The current and future safety and convenience of the traveling public shall be given ever:iconsideration in the location and methods of <br />construction utilized. <br />13.The Permittee is responsible for the preservation of survey monuments loca!ed 'Within the 2.fea of work herein permitted.Prior to the st3rt <br />of construction.,survey monuments that potentially may be disturbed shill be located and referenced by a Licensed Land Surveyor,and a <br />Comer Record filed wr-Lhthe Couuty Surveyor.Any Survey Monuments disturbed duriugthe course of construCTIon shall be reest.'!.blished <br />by a Licensed Land Surveyor and another Comer Record filed with the Couuty Surveyor.(Land SUL"Veyors'Act Section 8771) <br />14.Prior to ?lilYexcavation,the Permittee shall nofu'Y USA North (Undergr-ound Service Alert of Northern California and N.evada)at 811 or <br />800-227-2600 forty-eight (48)hours in advance. <br />X:\PERMITS COUh"'IER\generil provisiQns\G",,~lil Provisions 2013.docx