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ENCROACHMENT PERMIT GENERAL PROVISIONS <br />13-1. <br />1.This permit is issued under and subject to alllaws and ordinances of'agencies-g0veming the encroachment herem permitted..See.the <br />following references: <br />STREETS AND HIGHWAYS CODE <br />1.Division 1.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 JOAQUIN C,OUNTYORDlNANCES NUMBERED:324,441,048,662,672,695,700,860,892,3359,and 3675. <br />2.It is understood and agreed by the Pennittee that the performance of any work under this pennit shall constitute an acceptance of all the <br />provisions contained herein and failure onthe Pe:rmittee's partto comply with any pro'1sion iVillbe cause fOT revocation of this permit <br />Except as otherwise prqvided for public agencies and franchise holders,thispermit isrevocable on five days notice. <br />3.All work shall be done subject to the supeIYisionof and the satisfaction of the grantor.Jbe Permittee shall at all times during the progress. <br />of tile work keep the County ffighway in asnea!and c:leancondition as is possible and upon completion of the work authorized herein., <br />shaIlleave the County Highway in athoroughly neat,clean and usable co~on. <br />4.The Permittee'also agrees by the acceptance of this pemritto properly maintain any encroachment structu...--e-placedby the Permittee on any <br />part of the County Highway 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 strncture.until such time as thePermittee may be relieved of the responsibility for such maintenance <br />by the County of San Joaquin. <br />j.The Permittee also agrees bythe acceptance of this permit to make,.at its own expense.such repairs as may be deemed necessary by the <br />Cormty Department of Public Works. <br />6.It is further agreed by the Permittee that whenever construction,reconstruction Drmaintenance 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 of the Permittee. <br />7.No material used for fill or bac1dil1in 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 carned out with as little inconvenience as possible to the traveling public.No m&."erialshall 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 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 ofthis permit,shall assume full responsibility for all liability for personal injury or damage toproperty <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 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,.indemnify.and hold each ofthem 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 Works.such backfill shall consist of gravel or crushed rock rne Permittee shall maintain the surface over structures placed <br />hereunder as may be necessary to insure thereturn of the roadway to acompletely 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 permit-Ledencroachment,such material 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 a!least as good a cond'ition as it was before the <br />commencement of operations of placing me encroachment structure. <br />11.\Vhenever it becomes necessary to secure pennission from abutting property owners for the proposed 'Nark,such authority mustbe secured <br />by the Permittee prior to starting ,,'orlc. <br />12.The current and future safety and convenience of the traveling public shall be given every'consideration in the location and ~ethods of <br />constrnction utilized. <br />13.The Permit'"Leeis responsible for the preservation of survey monuments located within the area of work hel"C~inpermitted.Prior to the start <br />of construction,survey monuments that potentially may be distllrbed shall be located and referenced by a Licensed Land Surveyor,and a <br />Corner Record filed with the County Sili-veyor.Any Survey Monuments disturbed during the course of construction shall be reestablished <br />by a Licensed Land Surveyor and another Comer Record filed with.the County SUIVeyo~.(Land Slli-veyors'Act Section 8771) <br />14.Prior 10 ~y excavation,the Permittee shall notify USA North (Underground Service Alert of North em California and Nevada)at 811 or <br />800-227-2600 forty-eight (48)hours in advance. <br />X:\PERMITS COUNIER\geD.~provisions\General Provisions;2013.doc:( <br />..