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ENCROACHMENT PERMIT GENERAL PROVISIONS <br />13-1 <br />This permit is issued under and subject to all laws azid ordinances of agencies governing the encroachment herein permitted. See the <br />following references: <br />STREETS AND HIGHWAYS CODE <br />1. <br />Division <br />1, <br />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 JOAQLJIN COUNTY ORDINANCES NUMBERED: 324, 441, 648, 662, 672, 695, 700, 860, 892, 3359, and 3675. <br />2. It is 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 />3. 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 encroaclunent structure placed Uy the Permittee on aziy <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 stricture, 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 Worlcs. <br />It is further agreed by the Permittee that whenever constriction, 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 />No material used for fill or backfill in the construction of the encroachment shall be borrowed or taken fr <br />om within the County right of <br />waJ . <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 shat I be ]Wade 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 Rill responsibility for all liability for personal injury <br />or damage to property <br />which ]nay 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 thein harmless for such claim. <br />10. All backfill material is to be moistened as necessary and thoroughly compacted with mechanical means. If required by the County <br />Director <br />of PuUlic Worlcs, such bacl�ll shall consist of gravel or crushed rock. The Permittee shall maintain the 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 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 />conunencement of operations of placing the encroachment structure. <br />11. Whenever it becomes necessary to secure permission from abutting property owners for the proposed work, such auth <br />ority 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 within the area of work herein permitted. Prior to the start <br />of construction, sruvey monuments tlmat potentially maybe disturbed shall be located and referenced by a Licensed Land Surv <br />eyor, and a <br />Corner Record filed with the County Surveyor. Any Survey Monuments disturbed during 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 forty-eight (48) hours in advance. <br />X:IPERMiTS COUNTER\general provisimis\General Provisions 2013.docx <br />