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ENCROACHMENT PERMIT GENERAL PROVISIONS <br />13-1. <br />1.This permit is issued under and subject to all laws and ordinances of agencies-gGvem1ng the encroachment herein permitted.8ee:the <br />following references: <br />STREETS AND HIGHWAYS C.oDE <br />1.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 JOAQDrn COUNTY .oRDINANCES NUMBERED:324,441,.048,662,672,695,700,860,892,3339,and 3675. <br />2.It is understood and agreed by the Permittee that the performance 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 pro~ion 'Willbe cause for revocation of this permit <br />Except as otherwise prQvided 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.The Permittee shall at all times duringihe progress- <br />of the work keep the County Highway in as neat and qlean 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?ili0n. <br />4.The PeIIDittee'also agrees by the acceptance of this permit to properly maintain any encroachment structure-placed by the Permittee on a..•lY <br />part of the County HirJtway 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 the responsibility for such maintenance <br />by the County of San JoaquIn. <br />5.The Permittee also agrees by the acceptance of this pemrlt to make,.at its ovm expense,such repairs as may be deemed necessary by the <br />County ,Department ofPubIic Works. <br />6.It is :further agreed by the Permittee that whenever construction,reconstruction or maintenance work upon the highv,ray is necessary,the <br />installation provided for herein shall,upon request of me County Department of Public Works,be immediately moved or removed by andatthesoleexpenseofme~ermittee. <br />7.No material used for fill or backfill in the construction of the encroachment shall be borrowed or taken from within the County right of <br />'Vvay. <br />'8.All work shall b~planned and camed 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 unless othen:vise provided herein.Adequate provision shall be made for <br />the protection of the traveling public.Traffic con:trol 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 pennit,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 of the Permittee to properly perform the <br />work provided under this permit.In fue eyent any claim of such liability is made against the County of San Joaquin or any department, <br />official or employee thereot:the Permittee shall defend,indemnify,and hold each of them harmless for such claim. <br />10.All bacldill material is to be moistened as necessary and thoroughly compacted with mechanical means.Ifrequired by the County Director <br />of Public Works,such bacldill shall consist of gravel or crushed rock The Pehnitiee shall mainta.in 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.V/berever 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!lY 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 cond'ition as it was before the <br />commencement of operations of placing the encroachment mucrure. <br />11."Whenever it becomes necessary to secure permission from abutting properly ovmers for the proposed 'iVOrk,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 every"consideration in 1he location and ~ethods ofconstructionutilized. <br />13.The Permittee is responsible for the preservation ofSW"Vey monuments located 'Wi.thinthe area ofvrork herem permitted.Prior to the start <br />of constructian,survey monuments that potentially may be clistu:rbed shsll be located and referenced by a Licensed Land Surveyor,and a <br />Corner Record :filed "Withthe County Slli'""'Veyor.Any Survey Monuments disturbed c1uring the course of construction shall be reest.'lblished <br />by a Licensed Land Surveyor and another Corner Record filed with the County Surveyor.(Land Sfu-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 foI1y-eight (48)hours in advance. <br />X:\PERMrrS COUNIER\geDual provisions\G"'l"l1!1 Provisions 20l3.doC';