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ENCROACHMENT PERMIT GENERAL PROVISIONS <br />lH. <br />1.This permit is issued under and subject to all laws and ordinances of agenDies-gGveming the encroachment herem permitted..See.the <br />following references: <br />STREETS AND HIGHWAl'S CODE <br />L Division 1,Chapter 3 <br />2.Division 2,Chapter 2,Section 942 <br />3.DivisioIl2,Chapter 4,Section 1126 <br />4.Division 2,Chapter 5.5 and Chapter 6 <br />SAN JOAQum C,OUNTYORDlNANCE>NUMBERED:324,441,~o48,662,672,695,700,860,892,3359,and 3675~ <br />2.It is understood and agreed by the Pe!1IlJ.TLee that the performance of any work under this peIID.it shall consti:tu'ie an acceptance of.all the <br />provisions contained herem and failure on the Permitteels Pfu-t."tOcomply with any pro'1sion "Willbe cause for revocation of this permit <br />Except as oth~rwise 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 supe..-visioI!.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 e:lean condition as is possible and upon completion of the work authorized herein, <br />shall leave me County Highway in a thoroughly neat,clean and usable con~ol1. <br />4.The Permittee'also agrees by me acceptance of this permit to properly maintain any encroachment structure'placed by the Permittee on any <br />part of the County Ffig):lwa:,yand to immediiiL"'elyrepair any damage to any portion oime highway,which occurs as a result of the <br />maintenance oithe said encroachment structure,'until such time as the Permittee may be relieved of the respoIlSibility for such maintenance <br />by the County of San Joaquin. <br />5.The Permittee also agrees by the acceptance of this permit to IDa..lee,.atits O"WIl 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 constructiOlJ.,reconstruction.or mainten8I1c~work upon the highway is necessary,the <br />instillation provided for herem shall,upon request of the County Department of Public Works,be immediately moved or removed by and <br />at the sale expense of the Permittee. <br />7.No material used for fill or back:5.l1in the construction of the encroachment shall be borrowed or taken from \Yithin the County right of <br />Viray. <br />8.All work shall be planued 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 otherwise provided herem.Adequate provision.shall be made for <br />the protection of me traveling public.Traffic control standards 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 all liability for personal iTIjury or damage to property <br />which may arise out oftbe V{Qrkherein pennitted or which may,arise out of me failure of the part of the 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,indeJJJ.Dify,and hold each afthem harmless for such claim. <br />.10.All bacldill material is to be moistened as necessary and thoroughly compacted wi'-illmechanical means.Ifrequired by the County Director <br />of Public Works,such backfill shall consist of gravel or crushed rock.The Peimittee shall maintain the surface over structures placed <br />hereunder as may be necessary to insure the return of the .roadway to a completely ftlBble condition and until relieved of such responsibility <br />by the Cmm1.y 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 roadw.ay 8.'3 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't~on as it was before the <br />commencement of operations of placing the encroachment structure. <br />II.VVhenever it becomes necessary to secure permission from abutting property ovvners for the proposed work,such authority must be secured <br />by the Permittee prior to stErting 1••'Ork. <br />12.The current and future safety and conveDience of the traveling public shall be given every consideration in the location and methods of <br />consi:ruction utilized. <br />13.The Permittee is responsible for the preservation of survey IQonuments located within the 2rea of \'i'Drkherein permitted.Prior in the s'"llUi: <br />of construction,survey monuments tbatpotentially may be disturbed shill be located and referenced by a Licensed Land Su.i,;-eyor,and a <br />Comer Record filed willi the County Surveyor.Any Smvey Monuments disturbed dUJ:ing the course of construCTIon shall be reest'ililished <br />by a Licensed Lmd Surveyor and another Comer Record filed VYiththe County Surveyor.(Land Sl1.-veyors'Act SecTIon 8771) <br />14.Prior to .any excavation,the Permittee shall notify USA North (Und.ergrollIld Service Alert of North em California and Nevada)at 811 or <br />800-227-2600 forty-eight (48)hours in advance.