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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-gGvemmg 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 COUNTY ORDINANCE$NUMBERED:324,441,<>48,662,672,695,700,860,892,3m,and 3675 .. <br />2.It is understood an.d agreed by the Permittee that the performance of any work under this permit shall constitute an acceptance of.all the <br />provisions contained herein and failure on the Permittee's partto comply with any pro'1sion will be cause for revocation of this peIIDit <br />Except as otherwise prov~ded 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 ofllie grantor.Jile 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 authorizetl herem, <br />shall leave the County Highway in a thoroughly neat"clean and usable con~tion. <br />4.The Permittee'a1soa.grees by the acceptance of this permit to properly maintain any encroachment structu.""e-placed by the Permittee on any <br />part of the County ~way 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 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,.atits own expense,such repairs as may be deemed necessary by the <br />Count}'Department of Public Works. <br />6.It is further agreed by the Permittee that whenever construction,reconstruction or maintenance work upon the 1J.ighway is necessary,the <br />installation provided for herein shall,upon request of the Count}'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 back£ll in the construction of the encroachment shall be borrowed or taken from within the Count}'right of"vay. <br />'8.All work shall b~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 coIl:trol standards shall be utilized including barricades;approved signs and lights;and <br />flagmen,as required by the particu1Br work in progress.- <br />9.The Permittee,by the acceptance oithis permit,shall 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 arise out ofllie failure offue part of the Permittee to properly perform the <br />work provided under tbis 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 defen~indemnify.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.If required by the County Director <br />of Public Worles,such back:::fi.llshall consist of gravel or crushed rock.The Pei:mirtee 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 pennif..ed encroachment,such material shall either be separately stored and replaced in the road:w~.y as nearly as <br />possible in its original state or shall be replaced in kin~and the roadway shall be left in at least as good a condItion as it 'WaS before the <br />commencement of operations of placing the encroachment structure. <br />11."Whenever it becomes necessary to secme permission from abutting property owners for the proposed work.such authority must be secured <br />by the Permittee prior to stming work. <br />12.The current and future safety and convenience of the traveling public shall be given eveI}Tconsideration in the location and methods of <br />construction utilized. <br />13.The Permittee is responsible for the preservation of survey monuments located within the area of work hereinpermitiecl.Prior to the start <br />of construction.survey monuments that potentially may be disturbed shall be located and referenced by a Licensed Land SULveyor,and a <br />Corner Record :filed 'With the County Surveyor.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 Surveyo~.(Land S14"veyors'Ad.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 or <br />800-227-2600 fony-eight (48)hours in advance.