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ENCROACHMENT PERMIT GENERAL PROVISIONS <br />13-1. <br />1.Tills pennit is issued under and subject to all laws and ordinances of agencies-gGverrri.ug the encroachment herem pennitted.-See.the <br />following references: <br />STREETS AND BIGHWAYS 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 COlJ"NTYORDINANCE:;;NUMBERED:324,441,.1)48,662,672,695,700,860,892,33'59,and 3675. <br />2.It is understood and agreed by the Permittee that the perrormaJlce of any work under this permit shall constitute an acceptance of.all the <br />provisions contained herein and failure on the Permittee's part'to comply With any 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 days 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 me wol.k keep the County Highway in as neat and clean condition as is possible and upon completion of me work authomeu.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 oftbis permit to properly mai.TJ.tainany encroachment structure-placed by the Permittee on a...'lY <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 me 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 Department ofPubIi"c Works. <br />.. <br />6.It is further agreed by the Permittee that whenever construction,reconstruCTIon .or maintcenance work upon the 1J..ighway is necessary,the <br />installation provided for hereD.'-shall,upon requ"est of the County Depfu-trnent 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 TI:ken from within the County right of <br />Viray. <br />'8.i'l1l work shall be planned and carried out with as little inco~venience as possible to the traveling public.No material shall be stacked <br />"Within eight feet (8')of the edge of me pavement or traveled way ul1less otherwise provided herein.Adequate provision shall be made for <br />the protection of the traveling public.Traffic con.trol standar-ds shall be utilized including barricades;approved signs and lights;and <br />flagmen,as required by the pa..-ticular work in progress .. <br />9.The Permittee,by the acceptance of this permit,shall assume full responsibility for aD 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 ar any department, <br />official or employee thereat the Permittee shall defend,inde:mniiY,and hold each of them ha.rruless for such claim. <br />.10.All backfill material is to be moistened as necessary and thoroughly compacted "Withmechanical means.Ifrequired by the County Director <br />of Public Work::::,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 oftb.e 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 S"LB.teor shall be replaced in kind,and the roadway shall be left in at least as good a conclition ~it was before the <br />commencement of operations of placing the encroachment structure. <br />11.Vilhenever it becomes necessary ta secure permission from abutting property ovmers for the proposed work,such authority must be securedbythePennitteepriorillstartingwork. <br />12.The current and future safety and convenience of the traveling public shall be givell every consideration in the location and methods ofconst.llcuon.utilized. <br />13.The Permittee is responsible for the preservation of survey monuments located Vl'ithin the uea of work hel.ein permitted.Prior to the start <br />of construction,survey monuments that potentially may be disturbed sh311be located and referenced by a Licensed Land Surveyor,and a <br />Comer Record filed with the County Surveyor.Any Sllivey Monuments disturbed during the course of CODSiructiou shall be reestlblished <br />by a Licensed L:md Surveyor and another Comer Record filed with the County Surveyo~.(Land Sfu-veyors'Act Section 8771) <br />14.Prior to ~y excavation,the Perrrrittee shall notify USA North (Underground Service Alert of North em California and N.evada)at 811 or <br />800-227-2600 forty-eight (48)hours in advance. <br />XIPERMITS COlJ"1',.'TERlgeoeral pmv'..sions\Genercl Provisions 20D.doc>::