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ENCROACHMENT PERMIT GENERAL PROVISIONS <br />13-1 <br />This peimit is issued under and subject to all laws and ordinances of agencies governing the encroachment herein permitted. See the <br />I <br />ollowing references: <br />STREETS AND HIGHWAYS CODE <br />1. Division 1, Chapter 3 <br />2. <br />Division <br />2, <br />Chapter 2, Section 942 <br />3. <br />Division <br />2, <br />Chapter 4, Section 1126 <br />4. <br />Division <br />2, <br />Chapter 5.5 and Chapter 6 <br />SAN JOAQUIN 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 />5. The Permittee also agrees by the acceptance of this permit to make, at its own expense, such repans as may be deemed necessary by the <br />County Department of Public Works. <br />6. Itis further agreed by the 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 the sole expense of the Permittee. <br />Mn <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 />8. All work shall be planned and carried out with as little inconvenience as possible to the traveling publi <br />c. 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 shal l be made for <br />the protection of the traveling public_ Traffic control standards shall be 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 of this permit, shall assume full responsibility for all liability for personal injury <br />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 <br />and thoroughly compacted with mechanical means. If required by the County Director <br />of Public Works, such backfrll shall consist of gravel or cnished rock. The Permittee shall maintain the suuface 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 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 <br />owners 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 />oV <br />construction, survey monuments that potentially maybe dishubed shall be located and referenced Uy a Licensed Land Surveyor, and a <br />Corner Record filed with the County Surveyor. Any Survey Monuments disturbed during the course of construction shall Ue reestablished <br />by a Licensed Land Surveyor and another Comer 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 Northam Californ <br />ia and Nevada) at 811 or <br />800-227-2600 forty-eight (48) hours in advance. <br />X:\PERMITS COrJNI•ER\general provisions\General Provisions 201 <br />3.docx <br />