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ENCROACHMENTPERNrrTGENERALPROVI~ONS <br />13-1. <br />1.This permit is issued under and subject to all laws and ordinances o-ragencies-govern.ing the encroachment herem per.m.itted.-See.thefollowingreferences: <br />STREETS AND HIGHWAYS C.oDE <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 C,OUNTY .oRDINANCES NUMBERED:324,441,.048,662,672,695,700,860,892,333"9,and 3675. <br />2.It is understood and agreed by the Pen:nit'"eee that the performance afany work:under this permit shall constitute an acceptance of.all the <br />provisions contained herein and failure on the Permittee's Pfu-tto comply with any provision will be cause for revocation oftrus permit <br />Except as otherwise prQvided for public agencies and franchise holders,this permit is revocable on five dl!Ysnotice. <br />3.All work shall be done subject to the supervision of and the satisfaction of the grantor.The 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 ofllie work authorized herein., <br />shailleave the County Highway in a thoroughly nea!,clean and usable con~tion. <br />4.The Permittee"also agrees by the acceptance ofmis permit to properly maintain any encroachment structure-placed by the Permittee on 3...TlY <br />part ofllie County fIighway and to immediately repair any damage to any portion oime highway,which occurs as a result oithe <br />maintenfu"1Ce of the said encroachment structure,until such time as the PeJJJJittee may be relieved of the responsibility for such maintenancebytheCountyofSanJoaquin. <br />5.The Permittee also agrees by the acceptance of this permit to mak~,at its own expense,such repairs as may be deemed necessary by theCountyDepartmentofPubIicWorks. <br />6.It is further agreed by the Permittee that whenever construction,reconstruction or maiu.tenanc~work upon the highway is necessary.the <br />installation provided for herein shall,upon request of the County DepartInent of Public Works,be immediately moved or removed by andatthesaleexpenseofthePermittee. <br />7.No material used for fill or backfill in the construction of the encroachment shall be borrowed or taken from Vvithin the County right of'way_ <br />8.All work shall be planned and carried out wim as'lit'"Je inconvenience as possible to the traveling public.No material shall be stacked <br />YVithin eight feet (8')of the edge of the pavement or traveled way unless otherwise provided herem.Adequate provision shall be made for <br />the protection of the traveling public.Traffic con.-trol standards shan be utilized including barricades;approved signs and lights;andflagmen,as required by the parti.cular work in progress. <br />9.The Permittee,by the acceptance of this permit,shall assUIDe full responsibility for all liability for personal injury or damage to property <br />which may arise out of the work herein pennitted or which may arise out of the failure oime 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,indemnifY,and hold each of them hmnless for such claim.. <br />.10.All backfill 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 Tbe Peimittee 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 o'fPublic 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 roadw.ay 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 cond1tion as it was before the <br />commencement of operations of placing the encroachment structure. <br />11."Whenever it becomes necessary to secure permission from abutting property owners for the proposed '\-vork;such authority must be securedbythePermitteepriortostarting.work. <br />12.The current and future safety and convenience of the traveling public shall be given evelY consideration in the location and methods ofconshuctionutilized. <br />.13.The Pemlittee is responsible for the preservation of survey monuments located within the area ofv\'ork hereinpeIJJJ.itted.Prior to tLe start <br />of construction,survey monuments that potentially may be disturbed shall be located and referenced by a Licensed Land Surveyor,and a <br />Comer Record filed with the County Sili-veyor.Any Smvey Monuments disturbed during the course of construction shall be reestablished <br />by a Licensed L:md Surveyor and another Comer Record filed with the County Surveyor.(Land Sm-veyors'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 or800-227-2600 forty-eight (48)bours in advance. <br />X:\PERMITS COlJ.NTER\geIlual provis;ons\G",,~ral Provisions lOD.doc: