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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 herem permitted..see.the <br />following references: <br />STREETS AND BIGHWAYS 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 JOAQUIN COUNTY ORDmANCE.';NUMBERED:324,441,",48,662,672,695,700,86iJ,892,3359,and 3675. <br />2.It is understood and agreed by the Permittee that the performance of any work under ibis permit shall constitute an acceptance of all the <br />provisions contained herem and failure on the Permittee!s paIt"ta comply with any pro~sion will be cause for revocation oftbis 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.Jhe 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 here~ <br />shall leave the County Bighway in a thoroughly neat,clean and usable con~tion. <br />4.The Permittee'also .agrees bythe acceptance of this permit to properly maintain any encroachment structure-placed by the Permittee on any <br />part ofllie County Higp.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 pennit to make,.at its O'\V1l expense.such repairs as may be deemed necessary by the <br />County Department of Public Works. <br />6.It is further agreed byihe Permittee that whenever construction,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 and <br />at me sol,e expense of the Permittee. <br />7.No material used for fill or bac1cfi.l1in the construction of the encroachment shall be borrowed or taken from within the County right of <br />way. <br />S.All work shall be planned and carried out with as little incoilVenience as possible to "thetraveling 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 conJroI standards shall be utilized including banicades;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 of the work herein permitted or which may arise out ofthe failure offue 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 crfSan Joaquin or any department,. <br />official or employee thereof,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.Ifrequired by the County Director <br />of Public Works.such back:fi1lshall consist of gravel or crushed rock.The Permittee shall maintain ihe 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 condition 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 ovmers for the proposed 'VIror1<.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 Permittee is responsible for the preservation of survey monuments located v;-ithin the area of work herein permitted.Prior to the start <br />of construction,survey monuments that potentially may be disturbed shall be located and referenced by aLicensed Land Surveyor.and a <br />Corner Record filed with ihe County SUll'eyor.Any Survey Monuments disturbed during the course of construction shall be reestablished <br />by a Licensed L:md Surveyor and another Comer Record filed with the County SUIVeyo~.(Land SlL.-"eyors'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 or <br />800-227-2600 forty-eight (48)hours in advance. <br />X:\l'E.lU.mS COUNrER\geD-=rnI provis:ioDS\G~!:l1!1 Provisions 2D13.cloc: