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ENCROACHMENT PERMIT GENERAL PROVISIONS 13-1 1. This permit is issued under and subject to all laws and ordinances o-f agencies-governing the encroa.chrnent hereio perrnitte.d . .See.the following references: STREETS AND HIGHWAYS .CODE 1. Division 1, Chapter 3 2. Division 2, Chapter 2, Section 942 3. Division 2, Chapter 4, Section 1126 4. Division 2, Chapter 5.5 and Chapter 6 SAN JOAQUIN COlJNIY ORDlliANCE$ NUMBERED: 324,441, 648, 662,672,695, 700, 860, 892, 3339, and 3675. 2. It is understood and agreed by the Perrnittee that the performance of any work under this permit shall constitute an accepta..7.ce of all the provisions contained hereio and failure on the Perrnittee's part to comply v,~th any provision will be cause for revocation of this permit Except as otheryr.ise provided for public agencies and franchise holders, this permit is revocable on five deys notice. 3. All work shall be d~he subject to the supervision of and the satisfaction of the grantor. The Permittee shall at all times duriog the progress. of the work keep the County Highway iu as neat and clean condition as is possible and upon completion of the work authorized herein, shall leave the County Highway in a thoroughly neat, clean and usable condition. 4. The Permittee also agrees by the acceptance of this perm.it to properly maintain any encroachment structure-placed by the Perrnittee on a.11y part of the County Highway and to immediately repair any damage to any portion of the highway, which occurs as a result of the maintenance of the said encroachment structure, until such time as the Permittee may be relieved of the responsibility for such maintenance by the County of San Joaquin. 5. The Permittee also agrees by the acceptance of this perm.it to make, .at its own expense, such repairs as may be deemed necessary by the County Department of Public Works. . . 6. It is further agreed by the Permittee that whenever construction, reconstruction .or maintenance work upon the highway is necessai-y, the installation provided for herein shall, upon request of the County Deparfmetlt of Public Works, be immediately moved or removed by and at the sole expense ofihe Permittee. 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 way. 8. All work shall be planned and carried out with as little ioconvenience as possible to the traveling public. No material shall be stacked within eight feet (8') of ihe edge of the pavement or traveled way unless otherwise provided herein. Adequate provision shall be made for the protection of the traveling public. Traffic control standards shall be utilized iocluding barricades; approved 'signs and lights; and flagmen, as required by the particular work in progress. · · 9. The Permittee, by the acceptance ofthls permit, shall assume full responsibility for ill liability for personal injury or damage to property which may arise out of the work herein permitted or which may arise out of the failure of the part of the Permittee to properly perform the work provided under this permit. In the event any claim of such liability is made against the County of San Joaquin or any department, official or employee thereof, the Permmee shall defend, indemnify, and hold each of them harmless for such claim · 10. All backfill material is to be moistened as necessary and thoroughly compacted v,~th mechanical means. If required by the County Director of Public Works, such backfill shall consist of gravel or crushed rock. The Permittee shall maintain the surface over.structures placed hereunder as may be necessary to insure the return of the roadway to a completely stable condition and until relieved of such responsibility by the County Department of Public Works. Wherever a gravel, crushed rock or asphalt surface is removed or damaged in the course of work related to the permitted encroachment, such material shall either be separately stored and replaced in the roadway as nearly as 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 co=encement of operations of placing the encroachment structure. 11. Whenever it becomes necessary to secure permission from abutti.i,g property ov-mers for the proposed work, such authority must be secured by the P errnittee prior to starting work. 12. The current and future safety and convenience of the traveling public sllall be given every consideration in the location and methods of consiruction utilized. 13. The Permittee is respow;ible for the preservation of survey monuments located within the area of work herein permitted. Prior to the start of construction, survey monu.mcnts that potentially may be disturbed shall be located and referenced by a Licensed Land Surveyor, and a Corner Record filed with the County Surveyor. Any Survey Monuments disturbed during the course of constructi~n shall be reest?ablished by a Licensed Laud Surveyor and another Comer Record filed with the Co\lllty Surveyor. (Land Surveyors' Act Section 8771) 14. Prior to any excavation, the Permittee shall notify USA North (Underground Service Alert of Northern California and Nevada) at 811 or 800-227-2600 forty-eight (48) hours in advance. X:\PERJvilTS COUNTER\generaI provi.sions\Gcneral Provisions: 2013.docx