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ENCROACHMENT PERMIT GENERAL PROVISIONS <br />13-1. <br />1.This permit is issued under and subject to alllaws and ordinances oJ agencies-governing the encroachment herein permitted..See.the <br />following references: <br />STREETS AND HIGHWAYS CODE <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 JOAQUJN COUNTY ORDlNANCE$NUMBERED:324,441,<>48,662,672,695,700,860,892,3339,and 3675. <br />2.it is understood and agreed bythe Permittee that the performance of any work under this permit"shall constitute an acceptance ofall the <br />provisions contained herein and failure onthe Permittee1s P8..l.1:to comply with any pro'1sion will be cause for revocation of this permit <br />Except as otherwise prQ~ded for public agencies and franchise holders,this permit is revocable on five dlgs notice. <br />3.All work shall be done subject to the supervision of and the satisfaction of the grantor.Jbe Permittee shall at all times during the progress. <br />of me work keep the County Highway in asneat and clean condition asis possible and upon completion of the work authorized herein, <br />shaJl leave the COlUltyHighway in a thoroughly neat.clean and usable con~on. <br />4.The Permittee'also.agreesby the acceptance ofthis permit to properly maintain any encroachment structure-placed by the Permittee on any <br />part afthe Caunty Hiwway and to immediately repair any damage to anyportion ofthe highway,which occurs as a result ofme <br />maintenance of the said encroachment structure,until such time as thePeIIIJittee may be relieved ofthe responsibility far such maintenance <br />by the County of San Joaquin. <br />5.The Permittee alsa agrees bythe acceptance of this permit to make•.atits own expense,such repairs as may be deemed necessary by the <br />County Department of Public Works. <br />6.It is further agreed by the Permittee that whenever constru.ction,reconstruction or maintenance work:upon the highway is necessary,the <br />installation provided forherein shall,upon request of the County Department of Public Works.be immediately moved or removed by and <br />at the sole expense afthe Permittee. <br />7.No material used for fill or backfill in the construction of the encroachn1entshall be borrowed or taken from within the County right of <br />way. <br />8.All work shall b~planned and camed out with as little inconv~Dience aspossible to the traveling public.No material shall be stacked <br />within eight feet (8')of the edge of the pavement or traveled way unless otherwise provided herein.Adequate provision shall bemade for <br />the protection'ofihe traveling public.Trafficcon:trol standards shall be utilized including barricades;approved signs and lights;and <br />flagmen,as required by the particular 'WOrkin progress.. <br />9.The Permittee.by the acceptance of this permit,shall assume full responsibility for all liability for pernonal injury or damage to property <br />which may arise out of the work herein permitted or which may arise out ofthe failure of the part of the Permittee td properly perform the <br />work provided under this permit In the event any claim of such liability ismade against the County of San Joaquin or any department, <br />official or employee thereo4 the Permittee shall defend,indemnify.andhold each of them harmless 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 V;orb.such backfill shall consist of gravel or crushed rock Tne PeImirtee 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 UIltilrelieved 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 ma1erial 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 in at least as good a condition 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 ovmers for the proposed ,-york,such authority mustbe 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 the location and ~ethods ofconstructionutilized. <br />13.The Permittee is responsible for the preservation of survey monuments located within the area of'¥Ork herein permitted.Prior to the s'"lilrt <br />of construction,.survey monuments that potentially may be distw-bed sh31lbe located and referenced by a Licensed Land Slli.\;eyor.and a <br />Corner Record filed with the County Slli-veyor.Any Survey Monuments disturbed during the course'of construCTIonshall be reestablished <br />by a Licensed Land Surveyor and another Comer Record filed wiih the County Surveyor.(Land Su.."veyors'Act Section 8771) <br />14.Prior to .anyexcavation,the Perm:ittee shall notifYUSA North (Undergro1JIl.dService Alert ofNorth.em California and Nevada)at 811 or <br />800-227-2600 forty-eight (48)hours in advance. <br />X:\PERMITS COUNIER\gen!:rnl provisiollS\General Provisions 2013.cloc::