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ENCROAGHMENT PERMIT GENERAL PROVISIONS <br />13-1 <br />I.This permit is issued under and subject to all laws and ordinances of agencies goverr.L.'1g 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 JOAQUJN COUNTY ORDINANCES NUMBERED:324,441,648,662,672,695,700,-860,892,3359,arid 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 pa...'r:l: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-allY 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 permitto make,at its own expense,such repairs as may be deemed necessary by the <br />County Department ofPubIic Worles. <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 sole expense of the Permittee. <br />7.No 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 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 oftbe 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 allliabiIity 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 hqld 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 Director <br />of Public Works,such backfIll shall consist of gravel or crushed rock.The Pennittee 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 structw:e. <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 />construction utilized. <br />13.The Permittee is responsible for the preservation of survey monuments located within the 3.rea of work herein permitted.Prior to th~start <br />of construction,survey monuments that potentially may be disturbed sh211be located and referenced by a Licensed Land Surveyor,and a <br />Comer 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 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 811 or <br />800-227-2600 forty-eight (48)hours in advance_ <br />X:\PERMITS COUNTER\g~enil provisionslGeneral Provisions 2013.docx: