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ENCROACHMENT PERMIT GENERAL PROVISIONSB-1. <br />1.This permit is issued under and subject to all laws and ordinances of agencies-g0veming the encroachment herein permitted..-See.the <br />following references: <br />STREETS AND HIGHWAY'S CODE <br />1.Division I,Chapter 3 <br />2.Division 2.Chapter 2.Sectioll 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,-648,662,672,695,700,860,892,3339,and 3675 .. <br />2.Ris tuiderstood.and agreed by the PeIIlJit'"t.eethai fue performance of any work urrder this permit shall constitute an acceptance of.all the <br />provisions contained herein and failure on the Permittee's partto romply willi any pro'1sion 'Will.be cause for revocation of this permit <br />Except as otherwise prQvided for public a..:,crenciesand franchise holders,this permit is revocable on five d<fsrs notice. <br />3.All 'WOrkshall 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 c:lean condition as is possible and upon completion of the work authorized herein, <br />shall leave the County Highway in.a thoroughly neat,clean and usable con?itioIl.. <br />4.The Permittee <also.agrees by the acceptance of this pemrit to properly mairrtain any encroachment stmcture-placed by the Permittee on B..TJ.Y <br />part of the County Highway and to immediately repair any damage to any pornon of the highway.which occurs as a result ofllie <br />maintenance of the said encroachment structure,until such time as the Pen:oittr:e may be relieved of the responsibility far such maintenancebyilieCoun1yofSanJoaqnin.. <br />5.The Permittee also agrees by the acceptance of this permit to make •.atits own expeJiSe.such repairs as may be deemed necessary by the <br />County Department ofPubIic Works. <br />6.It is further agreed by the Permittee that whenever construction,reconstruction er maintenance work upon the bighway is necessary.the <br />installation provided for herein shall,upon request of the County Department ofPubljc Works,be immedia:tely moved or removed by andatthesoleexpenseofthePermittee. <br />7.No material used for fill or backfill in the construction of the encroachment shall be borrowed or taken from withiu the County right of.••vay. <br />8..All work shall be planned and carried out wr-Lhas little rr..convenience as possible to the traveling public.No IDfu"'erialshall 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 afthe traveling public.Traffic cOIl;trolstandards "shallbe 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 ofmis permit,shall assume full responsibiliL"y 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 qf the failure of me part of the Permittee to properly peIform the <br />worle 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 mereot the Permittee shall defend,indeninifY.and hold each of them harmless for such claim. <br />10.All backfill material is to be moistened as necessary and thoroughly compacted wiill mechanical means.IfreqiLired by the County Director <br />of Public Works.such backfill shall consist of gravel or crushed roclc.The Pehrrittee shall maintain the surface over structures placed <br />hereunder as may be necessary to msure the return of the roadway to a completely stable condition and until relieved of such responsibility <br />by the Co,unty 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~y 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 />I L Vilhenever it becomes necessary to secure permission from abutting property O\VDersfor the proposed \vork,such aufuority 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 eveIjTconsideranon in the location and ~ethods ofconstructionutilized. <br />13.The PemJittee is respo:asible for the preservation or survey monwnents located within.the area of work herein permitted.Prior to the start <br />.of construction"survey monuments that potentially may he disturbed shall be located and referenced by a Licensed Land S1.lJ."veyor.and a <br />Comer Record filed with the C01mty SilLl'eyor..AJJ.ySurvey Monuments disturbed during the course of construction shaII be reeS"'"L3blished <br />by a Licensed L:md Surveyor and another Corner ~ecord filed with the County Surveyor.(Land SlL."veyors'Act Section.8771) <br />14.Prior to !lIlY excavation,.the Permittee sball notifY USA North (Underground Sernce Alert of North em California and Nevada)at 811 or800-227-2600 forty-eight (48)hours in advance.