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ENCROACHMENT PERMIT GENERAL PROVISIONS <br />13-1 <br />1.This permit is'issued linder and subject to all laws and Ordh"1.ancesa-fagencies-gGveming the encroachment herem pennitted.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 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 tha,t the performance of any work under this permit shall cOilstitute an acceptance of all the <br />provisions contained herein and failure on the Permitteels partto comply with any provision will ,be cause fOT revocation of this permit <br />Except as otherwise prQvided for public agencies and franchise holders,this permit is revocable on five d<!}'snotice. <br />3.All work shall be done subject to the supervision of and the satisfaction of the grantor.';[he Permittee shall at all times during the progress. <br />of the work keep the County Highway in as Deat and e;lean condition as is possible and upon completioll of the work authorized herein, <br />shall leave the County Highway in a thoroughly neat,clean and usable can~on. <br />4.The Pennittee'also .agrees bytbe acceptance of this permit to properly m.aintain any enc-roachment structure-placed by the Permittee on fuJ.)' <br />part of the County Highway and to immediately repair any damage to any portion ofllie highway,which occms as a result of the <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 acceptance of this permit to make,at its own expense,such repairs as may be deemed necessary by the <br />County Deparbnent ofPubli"e Works. <br />6.It is further agreed by the Permirille that whenever construction,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 sol.e 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 '0iithin the County right of <br />way. <br />8.All work shall be planned and carried out with as lirJe inconvenience as possible to the traveling public.No material shall be stacked <br />VYithill eight feet (8')of the edge of me pavement or traveled way unless 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 the work herein permitted or which may arise out of the failure of the part 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,indeJJJllify,and hold each of them harmless for such claim.. <br />'10.All baclcfill 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 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 me County Department of Public Works.'Wherever a gravel,crushed rock or asphalt surface is removed or damaged in -the course or <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 ill at least as good a cond'ition ~it was before the <br />commencement of operations of placing the encroachment structure. <br />11.\rVb.enever it becomes necessary to secure permission from abutting property O\7VIlersfor -the proposed ;,vorle,such authority must be seemed <br />by the Permittee prior to starting work. <br />12.The current and .future safety and convenience of the traveling public shall be given ever:iconsideration in -the location and ~ethods of <br />consirucnon utilized. <br />13.The Permittee is responsible for the preservaUD:il ofslli-vey monuments located -wi.thinthe aea of work bel.ein permitted.Prior to the start <br />of construction,survey mOllllil,-cnts that potentially may be disturbed shall be located and referenced by a Licensed Land Surveyor,and a <br />Comer Record filed with the County Slli-veyor.Any SUTvey Monuments distorbed during the course of construCTIon shall be reesmblished <br />by a Licensed Lmd Surveyor and another Comer Record filed with the CoUDiy Surveyor.(Land Sm.veyors'Act Section 8771) <br />14.Prior to .any excavation,the Permittee shall notify USA Nor-th (Underground Service Alert of North em California and Nevada)at 811 or <br />800-227-2600 forty-eight (48)hours in advance.