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,r <br />ENCROACHMENT PERMIT GENERAL PROVISIONS <br />13-1. <br />1.This permit is issued under and subject to all laws and ordinances of agencies-governing the encroachment herem permitterl ..See.the <br />followiag references: <br />STREETS ANTI HIGHWAYS CODE <br />I.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 />SAN JOAQUIN COUNTY ORDINANC~NUMBERED:324,441,648,662,672,695,700,860,892,3339,and3675. <br />2.It is understood and agreed by the PermilLeE:that the performance of any work urrder this perroit shall constitute an acceptance of all the <br />provisions contained herem and failure on the Permittee's p8.l--tio comply 'With any prov~sion will be cause for revocation of this permit <br />Except as otherwise provided for public agencies and franchise holders,this per:mit is revocable on five d'!}'s notice. <br />3.All work shall be done subject to the supervision of and the satisfaction of me gra.lltOr.The Permittee shall at all times during the progress. <br />oftne work keep the County Highway in as neat and clean condition as is possible and upon completion of me work authorized herem, <br />shall leave the County Highway in a thoroughly neat,clean and usable con?ition. <br />4.The Permittee'also agrees by the acceptance ofmis pennit to properly maintain any eilcroachment stIucture-placed by the Permittee on 8....'ly <br />part ofllie County Highway and to immediately repair any damage to any portion of the 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 San Joaquin. <br />5.The Permittee also agrees by the acceptanc.e of this permit to make,.at its O'Wll 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 that whenever construction,reconstrucTIon.or maiutenanc~work upon the "highway is necessary,the <br />installation provided for herein shall,upon request of me 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 for fill or backfill in the c.onstruction of the encroachment shall be borrowed or taken from v-ithin the County right of <br />way. <br />'8.All work shall be plan..ied and camed out 'With as litde inconvenience a.'?possible to the traveling public.No material shall be stacked <br />within eight feet (8')of the edge cfme,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 iucluding 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 ofllie work herein permitted or which may arise out of the failure of me pari 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.AJ1 backfill material is to be moistened as necessary and ihoroughly compacted vvith mechanical means.If requITed by the County Direc.tor <br />of Public Works,such backfill shall consist of gravel or crushed rock.The Permittee shall maintain the surface over structures placed <br />herennder 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 permit-Led 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 replac.ed in kind,and the roadway shall be left in at least as good a condition as it was before the <br />COIDJ.lienCement of operations ofplacmg the encroachment structure. <br />11.'Whenever it becomes necessary to secure permission from abutting property O\¥I1ers for me 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 evely'consideration in the locaUOD.and ~ethods of <br />COilst:ucuon utilized. <br />13.The Permittee is responsible for the preservation of survey monuments located vlithin the area of\~'ork berein peDIJ.itted.Prior to th.~s"-lEri <br />of-constructiOD,survey monuments that potentially may be disturbed shall be located and referenced by a Licensed Land Sl'.fveyor,and a <br />Comer Record filed with the County Slliveyor.Any Survey Monuments disturbed during-the course of constructOD.shall be reesffiblished <br />by a Licensed Lmd Surveyor and another Comer Record filed 'Nith the County Surveyor.(Land Slli\1eyors'Act Section 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:IPERMITS COUN'IER\geIlernI provisioru:\G"D~rol Provisions 2D13.doo: