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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. <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 70AQUIN COUNTY ORDINANCES NUMBERED: 324, 4411 6483 6627 6721 695, 700, 860, 8922 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 />All work shall be done subject to the supervision of and the satisfaction of the �-antor. 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 may be deemed necessary by the <br />County Department of Public Works. <br />It is further agreed by the Permittee that whenever construction, reconstntction 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 acid <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 from within the Comnty 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 shall 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 ury 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. Lithe 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 by the County <br />Director <br />of Public Works, such backfill shall consist of gravel or crushed rock The Pernnittee shall maintain tine 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 />commencement of operations of placing the encroachment stricture. <br />11. Whenever it becomes necessary to secure permission from abutting properly owners for the proposed work, such authority must be secured <br />U <br />y 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 />oV <br />construction, survey monuments that potentially may be dishu-bed shall be located and referenced by a Licensed Land Surveyor, aind a <br />Comer Record filed with tune Conmty Surveyor. Any Survey Monuments disturbed during the torose of construction shall he 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 Serv <br />ice Alert of Northern California and Nevada) at 811 or <br />800-227-2600 forty-eight (48) hours in advance. <br />X:\PERMITS COUNTER\ganeral provisions\General Provisions 2013.docx <br />