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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-governing the encroachment herem 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 />SAl-!JOAQUIN C.OUNTY ORDINANCE~NUMBERED:324,441,.648,662,672,695,700,860,892,3359,and 3675 .. <br />2.It isunderstood and agreed by the Permittee that the performance of any work under this permit shall constitute an acceptance of.all the <br />provisions contaIDedherem md failure on the Permittee's partto comply with any pro~.LSionwill be cause for revocation of this pennit <br />Except as omerwise prQvided for public agencies and fraucbise holders,this permit is revocable Oil five days notice. <br />3.AJl work shall be done subject to the supervision of and the sa:tisfaction of the grantor.J'he PeIlILittee shall at all times during the progress. <br />of the work keep the County Highway in as neaf and qlean.condition as is possible and upon completion of the work authorized herein, <br />shall leave the Count"j Highway in a thoroughly neat,.clean and usable con~on. <br />4.The Permittee'also agrees byfhe acceptance of this permit to properly maintain any encroachment structure-placed by the Permittee on any <br />part of the County tll,g]:lway and to linmediately repair any damage to any portion of the highway,which occurs as a result of the <br />maintenance oime said encroachment structure,lIDtil SIICh time as the Permittee may be relieved of the responsibility for such maintenance <br />by the COllilty of San Joaquin. <br />5.The Permittee also agrees by the acceptance ofthiB permit to make,.Bi:its own expense,Buch repairs as may-be deemed necessary by the <br />County Department of Public Works. <br />.. <br />6.It is ft.rr'-Lheragreed by the Perm1t'"J.eethat whenever construction.,recoustructionlJr maintenance work upon the highway is necessary,the <br />ID.stallation provided for herein shall,upon request of the County Department 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 consiruction of the encroachment shall be borrowed or taken from 'Within the County right of <br />Viray. <br />3.All 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 the pavement or traveled way unless otherwise provided herein.Adequate provision shall be made for <br />the protection of me traveling public.Traffic cOD;trolstandards shall be utilized including banicades;approved signs and lights;and <br />flagmen,as required by the particular work in progress .. <br />9.The Permittee,by the "acceptance oftbis permit,shail 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 IT1.Seout of the failure of the part ofllie Pe.DJlittee 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 thereot the Permittee shall defend,inderimify,and hold each of them harmless for such claim. <br />.10.All backfill material is to be moistened as necessary and thoroughly compacted with mechauical means.Ifrequired by the County Director <br />of Public Works,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 insur~the retJ..uJ]of the roadway to a completely stable condition and until relieved of such responsibility <br />by the Co.unty Depfu.-tment of Public Worles.Wherever a gravel,crushed rock or asphalt surface is removed or damaged h"l.the course of <br />work related to the permitted encroachment,such ma1erial shall either be separately stored and replaced in the roadWiiY as nearly as <br />possible in its original s'"illieor shall be replace:d in kind,and the roadway shall be left in at least as good a condItion as it \VaS before the <br />commencement of operations of placing the encroachment structure. <br />11.Vilhenever it becomes necessary to secure permission from abutting property ovmers for the proposed work,such authority must be secured <br />by the Perrn:it'"..eeprior to starting work. <br />12.The current and £ufure safety and convenience of the traveling public shall be given every.consideration in the locmon and ~ethods of <br />construction utilized. <br />D.The Permittee is responsible for the preservatioTI.or survey monuments locfu.-'-ed"Withinthe area ofivork herein permitted..Prior to the start <br />of construction,survey monunlc.nts that potentially may be disturbed shall be located and referenced by a Licensed Land 8llJ.-veyor,and a <br />Comer Record :tiled with the COUllty SllIveyor.Any SUI"'{eyMonuments disturbed during the course of construCTIon shall be reest3blished <br />by a Licensed Land Surveyor and another Comer Record filed with the County Surveyo~.(Laud Sn..-veyors'Act Section 8771) <br />14.Prior to any excavation,the Permittee shall notiiY USA North (Underground Service Alert ofNortbem California and N.evada)at 811 or <br />800-227-2600 furty-eight (48)hOlli-';in advance. <br />,.