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ENCROACHMENT PERMIT GENERAL PROVISIONS
<br />13-1
<br />This permit is issued under and subject to all laws and ordinances of agencies governing the encroachment herein 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 70AQUIN COUNTY ORDINANCES NUMBERED: 324, 441, 648, 662, 672, 695, 700, 860, 892, 3359, and 3675.
<br />2. Itis understood and 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 part to comply with any provision will be cause for revocation of this permit.
<br />Except as otherwise provided for public agencies and franchise holders, this permit is revocable on five days notice.
<br />All work shall be done subject to the supervision of and the satisfaction of the grantor. The 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 authorized herein,
<br />shall leave the County Highway in a thoroughly neat, clean and usable condition,
<br />4. The Permittee also agrees by the acceptance of this permit to properly maintain any encroachment structure placed by the Permittee on any
<br />part of the County Highway 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 />The Permittee also agrees by the acceptance of this permit to make, at its own expense, such repairs as maybe deemed necessary by the
<br />County Department of Public Works.
<br />Itis further agreed by the Pernlittee 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 />Lt the sole expense of the Permittee.
<br />material used for fill or backfill in the construction of the encroachment shall be borrowed or taken from within the County right of
<br />way.
<br />All work shall be planned and carried out with as litt
<br />le 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. Trak control standards shall be utilized including barricades; approved signs and lights; and
<br />flagmen, as required by the particular work in progress.
<br />The Permittee, by the acceptance of this permit, shall assume full responsibility for all li
<br />ability for personal injury or damage to property
<br />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
<br />work 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 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. If required
<br />by the County Director
<br />of Public Works, such backfill shall consist of gravel or crushed rock. The Permittee shall maintain the surface ovel• 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 roadway 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 owners
<br />for the proposed work, 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 an
<br />d methods of
<br />construction utilized,
<br />13, The Permittee is responsible for the preservation of survey monuments located within the area of work herein permitted. Prior to the start
<br />of construction, survey monuments that potentially lnay be distulbed shall be located and referenced by a Licensed Land Surveyor, and a
<br />Corner Record filed with the Coumty Surveyor. Any Survey Monuments disturbed Bluing the course of construction shall be reestablished
<br />by a Licensed Land Surveyor and another Corner Record filed with the County Surveyor. (Land Surveyors' Act Section 8771)
<br />14. Prior to any excavation, the Permittee shall notify USA North (Underground Service Alert of Northern California and Nevada) at 811 or
<br />800-227-2600 fort
<br />y-eight (48) howls in advance.
<br />X:\PERMITS COUNTER\general provisions\General Provisions 2013.docx
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