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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 herein permitted..See.thefollowingreferences: <br />STREETS AND EIGHWAYS 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 JOAQUlN COUNTY ORDillANCES NUMBERED:324,44V;:il8,662,672,695,700,860,892,3359,and 3675. <br />2.it is understood and agreed by the Permittee that the performance of any work un-derthis permit"shall constitute an acceptance of.all the <br />provisions contained herein and failure on the Permltteels part"to comply with any pro'1sion will be cause for revocation of this perroit <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 clean condition as is possible and upon completion of the work authorized herem, <br />shall leave the County Highway in a thoroughly neat,.clean and usable con~on. <br />4.The Permittee"a1so"agrees by the acceptance of this permit to properly maintain any encroachment structure-placed by the Permittee on any <br />part of the County Higp.way and to immediately repair any damage to any portion of the highway.which occurs as a result ofllie <br />maintenance of the said encroachment structure.until such time as the Permittee may be relieved of the responsibility for such maintenance <br />by the County of San Joaquin. <br />5.The Permittee also agrees by the acceptance of this permit to make •.at its 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 construction,reconstruction.or maintenance work upon the highway is necessary,the <br />installation provided for herein shall,upon request oftbe 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 backfill in the construction of the encroachment shall be borrowed or taken from 'Within the County right of",,-ray. <br />8.All work shall be planned and carried 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 herein.Adequate provision shall be made 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 of this permit,shall assume full responsibility for all liability for personal injury or damage to property <br />which may arise out of1he work herein permitted or \¥hich 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 aILY claim of such liability is made against the County of San Joaquin or any department, <br />official or employee thereo~the Permittee shall defend"indemnify.and hold each of them harmless for such claim. <br />.10.All backfill material is to be moistened as necessary and thoroughly compacted with mechanical means.If required by the County Director <br />of Public Worles,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 me 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,crashed 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 cond.'ition 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 Oivuers for the proposed work,such authority must be 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 methods of <br />construction utilized. <br />13.The PemJ.ittee is responsible for the preservation of survey monuments located within the area of work herein permitted.Prior to fue start <br />of construction,survey monuments that potentially may be disturbed shall be located and referenced by a Licensed Land SUJ.-veyor,and a <br />Corner Record filed wi'-ilithe County S1lJ.-veyor.AIly Survey Monuments disturbed during the course of construCTIon shall be reest".blished <br />by a Licensed Land Surveyor and another Comer Record filed with the County Surveyor.(Land Su..-veyors'Act Section 8771) <br />14.Prior to any excavation,the Permittee shall notify USA North (Undergrotmd Service Alert of Northern California and N.evada)at 811 or <br />800-227-2600 forty-eight (48)hours in advance.