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ENCROACHMENT PERMIT GENERAL PROVISIONS <br />13-1 <br />1.This pennit 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 I,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 JOAQUll'f COUNTY ORDINANCES NUMBERED:324,441,648,662,672,695,700,860,892,3359,and 3675. <br />2.It is understood and agreed by the Pennittee that the performance of any work under this pennit shall constitute an acceptance of.all the <br />provisions contained herein and failure on the Pennittee's part to comply with any provision v,rilIbe cause for revocation afthis 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 authorizeu 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 oftbe 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 ovm expense.such repairs as may be deemed necessary by the <br />County Department ofPublfc Works. <br />6.It is 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 sale expense of the Permittee. <br />7.No material used for fIJI 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 camed out with as little 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.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 a1lliability for personal injury or damage to property <br />which may arise out of the work herein pennitted 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 thereat: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 thorougWy compacted with mechanical means_Ifrequired by the County Director <br />of Public Works.such backfill 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 />commencement 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 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 and methods of <br />consh.uction utilized. <br />13.The Pemlittee 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 may be disturbed shill be located and referenced by a Licensed Land Surveyor,and a <br />Corner Record filed with.the County Surveyor.Any Survey Monuments disturbed during the course of construction shall be reeshblished <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 Northern California and Nevada)at 81 I or <br />800-227-2600 forty-eight (48)hours in advance. <br />X:\PER1mS COUNTER\genual provisions\Generai Provisions 2013.do~