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ENCROACHMENT PERMIT GENERAL PROVISIONS <br />l3-1. <br />1.This permit is issued under and subject to all laws and -ordinances of agencies-governing the encroachment herein permitted.-See.the.following references: <br />STREETS AND BIGHWAYSCODE <br />I.Division 1.Chapter 3 <br />2.Division 2.Chapter 2,Section 942 <br />3.Division 2,ChEpter 4,Section 1126 <br />4.Division 2,Chapter 5.5 and Chapter 6 <br />SAN JOAQUIN COUNTY ORlJINANCES NUMBERED:324,441,.048,662,672,695,700,86{),892,333"9,and3675._ <br />2.It is understood and agreed by the Per:rnit'"Leethat the performance of any work under this permit shall constibrte an acceptance of.all the <br />provisions contained herein and failure on the Permittee's partio comply with any proV:=.tSion will be cause for revocation of this permit <br />Except as otherwise prqvided Torpublic agencies and franchise holders,this pennit is revocable on five days notice. <br />3.All work shall be done subject to the supervi.Sion oiand the satiSfactiOil oftb.e grantor.')JJ.ePermittee shall at all times during the progress_ <br />of the work keep the County Highway in as neat and qlean condition as is possible and upon completion oithe work author.u:ed herein.,shall leave the County Hlghl¥aY in a thoroughly neat,clean and usable con:lilion. <br />4.The Permittee:also,agrees by the acceptance of this permit to properly maintain any encroachment structure--p1B:.cedby the Permittee oll.a.TJ.Y <br />part of the County HigJ1way 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 structur~,until such time as the Permittee may be relieved afthe responsibility far such maintenancebytheCauntyofSanJoaquin. <br />5.The Permittee also agrees by the acceptance ofmis permit to make,.at its o"wuexpense,such repairs as may'be deemed necessary by theCountyDepartmentofPubIicWorks. <br />6.It is further agreed by the Permittee that v.ilenever constructiOIJ.,reconstruction.or maintenance work upon the highway is necessary,the <br />installation provided for herein shalL upon request of the County Department of Public Works,be immediately moved or removed by andatthesaleexpenseofthePermittee. <br />7.No .material used for :fillor backfill in the construction of the encroachment shall be borrowed or taken from within the County right ofway. <br />8.All work shall be planned and carried out wiih as little inconvenience aspossible to the traveling public.No material shall be stacked <br />within eight feet (8')of the ~dge of the pavement or traveled way unless othelWise 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;andflagmen.as required by the particular work in progress... <br />9.The Permittee,by the acceptance of this permit,shall assume full responsibility .forall liability for personal injury or damage to property <br />which may arise out of the work herein permitted or which may arise out afme failure of the part ofllie Permittee to properly perform the <br />work provided under this permit In tile event any claim of such liability is made against the County of San Joaquin or any department, <br />official or employee thereat:the Permittee shall defend,indeITmify.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.Ifreq1ii:red by the County Director <br />of Public Works,such bac1cfillshall 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 me 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 road:wiiYas 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 condition as it 'WaS before thecommencementofoperationsofpIacmgtheencroachmentstructure. <br />11.Whenever it becomes necessary to secure permission from abutting property O'WDersfor the proposed work,such authority must be securedbythePermitteepriortostartingwork. <br />12.The current and future safety and convenience of the traveling public shall be given every 'consideration in 'the location and methods ofconstructionutilized. <br />13.The PelIoittee is responsible for the preservation of survey monuments lOC8.L""edwithin the 8Teaof\'!'Ork herein permitted.Prior to the s'"illlt <br />.of construction,survey monuments that potentially may be disturbed shs1.lbe located and referenced by a Liceused Land SUL\.eyor,and a <br />Corner Record iiled with the County Sili"Veyor.Any Su-TveyMonuments disturbed during the course of coustructian shall be reesublished <br />by a Licensed Land Surveyor and another Comer Record filed with the County Surveyo~.(Land Sfu-veyors'Act Section 8771) <br />14.Prior to !illYexcavation,the Permittee shall notifY USA North (Underground Service Alert ofN ortbern California and N.evada)at 811 or800-227-2600 forty-eight (48)hours in advance.