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ENCROACHMENT PERMlT GENERAL PROVISIONS <br />13-1. <br />1.This permit is issued under and subject to all laws and ordinances of agencies~gcverrring the encroachme:ut 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.Divisio:o.2,Chapter 4,Section 1126 <br />4.Division 2,Chapter 55 and Chapter 6 <br />SAN JOAQDm C.olJ1ITY .oRDINANCES NUMBERED:324,441,S48,662,672,695,700,860,892,3339,and 3675.. <br />2.It is understood and agreed by the PeIml:uee that the performance orany work urrder this pennit shall constitute an acceptance of ail the <br />provisioD..S contained herem and failure on the Permitleels panta complyvrith any pro"1sion will be cause for revocation afthis 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 during the progress- <br />of the work keep the County Highway in as neat and ~lean condition as is possible and upon completion of the work authorized herein, <br />sh2..llleave the County H.ighway in a thoroughly neaf;,clean and usable con:litiou.. <br />4.The Permittee'also.agrees by the acceptance of this permit to properly maintain any enc-roachment structure-placed by the Permittee on my <br />part of the Coooty Hiz):lway and to immediately repair any damage to any portion of the highway,which occurs as a fesult ofllie <br />maintenance of me said encroachment structure,ootil such time as the Permittee may be relieved of the responsibility for such maintenance <br />by the County of San Joaquin. <br />).Th~Permittee also agrees by the acceptance offhis permit to make"at its own expense,such repairs as may-be deemed necessary by the <br />County DeparLffient of Public Works. <br />6.It is further agreed by the Permittee that whenever construction,.reconstruction'Dr maintenanc~work'upon the lughway is necessary,the <br />installation provided for herein shall,upon request of the County Department of Public Works>be immediately moved or removed by and <br />at the sol.e expense of the Permittee. <br />7.No material used for fill or backfill in the construction of me encroachment shall be borrowed or taken from within the County-right of <br />way. <br />"8.All "WOrkshall b~planned and camed out with as little inconvenience as possible to the traveling public.No material shall be stacked <br />VYithin eight feet (8')of me edge of the pavement or traveled way liPless otherwise provided herein.Adequate provision shall be made for <br />the protection oime "traveling public.Traffic con: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 ofth.is permit,shall assume full responsibility for ail liability for personal injury or damage to property <br />which may arise out of the work herein peunit-led or which may arise out offue failure of the part ofllie Pennittee to properly perrorm 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,indeuinify,and hold each of them harmless for such claim.. <br />',10.All backfill material is to be moistened as necessary and thoroughly compacted "Withmechanical 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 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.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!iY 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 mucture. <br />11.'Whenever it becomes necessary to secure permission from abutting property oVl"nersfor the proposed work,such authority must be secured <br />by the Permittee p~or 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 ~etb.ods of <br />construction utilized. <br />13.The Permittee is responsible for the preservation of survey monuments locfu"'edwithin the area of work hereinpermirted.Prior to the start <br />of consiructia:n,survey monuments tha.t potentially may be disturbed shell be located and referenced by a Licensed Land Su..-','eyor,and a <br />Comer Record filed -withthe C01mty Sll.J-veyor.lilly S1U"veyMonuments disturbed du:ri.rrgthe course of construcTion shall be reestlblished <br />by a Licensed Lmd Surveyor and another CornCTRecord filed -with the County Surveyor.(Land Su........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)homs in advance.