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ENCROACHMENT PERMIT GENERAL PROVISIONS <br />13--1 <br />1.This permit is issued under aJid subject to all laws and ordinances of agencies-governing the encroachment herem permitted.Bee.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 JOAQUIN COUNTY ORDINANCES NUMBERED:324,441,048,662,672,695,700,860,892,3359,and 3675. <br />2.It is understood and agreed by the Permittee that the performance of any work uu"derthis permit shall constitute an acceptance of all the <br />provisions contained herein and failure on the Permittee's part'to comply 'Withany pro'1sion will be cause for revocation of this permit <br />Except as otherwise prQvided for public agencies and franchise holders,this perro.i.t is revocable on five ~s notice. <br />3.All work shall be done subject to the supervision of and the satisfaction of the grantor.Jhe 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?-iti0n. <br />4.The Permittee'also .agrees by the acceptance of this permit to properly maintain any encroachment structure-placed by the Permittee on a..llY <br />part of the County Highway aud to immediately repair any damage to any portion of the highway,which occurs as a result of me <br />maintenance of the said encroachment structure,until such time as the Perrn.ittee 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 O"WIl expense,such repairs as may be deemed necessary by the <br />County Department ofPubIic.Works.. <br />.. <br />6.It is further agreed by the Permittee that whenever construction,reconstruction -ormaintenance work upon the higb ..way ISnecessary,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 sol.e expense of the Permittee. <br />7.No material used ror fill or backfill in the consiruction of the encroachment shall be borrowed or taken from within the County right of\-vay. <br />2.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 feet (8')of the edge of the pavement or traveled way w-uess otherwise provided herem.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 oftbis permit,shall assume full responsibility for all liability fOf-personal injury Of damage to property <br />which may arise out oftbe 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 dep.artment, <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 vffih mechanical means.Ifrequired by the County Director <br />or Public Works,such backfill shall consist of gravel or crushed rock.The Permittee 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 original state or shall be replaced in kind,and the roadway shall be left in at least as good a condltion ~it was before the <br />commencement of 0pGrations of placing the encroachment structure. <br />11.Vlhenever it becomes necessary to secure permission from abutting property o'\vners for the proposed work,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 evel-y'consideration in me location and methods ofconstructionutilized. <br />13.The Pennitree is responsible for the preservation or survey monument:located within the 8Iea oh"rork herein permitted.Prior to ilie start <br />of construction,survey monuments that potentially may be disturbed shall be 10eated and referenced by a Licensed Land Slll--veyor,and a <br />Comer Record iiled with the County Surveyor.Any Sm-vey Monument:;disturbed during the COUl"se of construCTIon shall be reesUi_blished <br />by a Licensed Laud Surveyor and another Comer Record filed with the County Surveyo~.(Land Slli-veyOl'S'Act Section 8771) <br />14.Prior to any excavation,the Pem:rittee shall notify USA North (Underground Service Alert of Northern California and N:evada)at 811 or <br />800-227-2600 forty-eight (48)hours in advance. <br />X:\PERlYITTS COlJl'.'TERlgener:al pro0.siOlls\G--..neral Provisioru;:IOl3.dOLl: