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ENCROACIINIENT PERMIT GENERAL PROVISIONS <br />13-1 <br />1. This permit is issued under and subject to all laws and ordinances ofagencies governing 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 JOAQUIN 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 ofthis 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 ofand the satisfaction ofthe 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 ofthe 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 ofthis 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 ofthe <br />maintenance ofthe said encroachment structure,until such time as the Permittee may be relieved ofthe responsibility for such maintenance <br />by the County of San Joaquin. <br />5. The Permittee also agrees by the acceptance ofthis permit to make,at its own expense,such repairs as may be deemed necessary by the <br />County Department ofPublic 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 ofPublic Works,be immediately moved or removed by and <br />at the sole expense ofthe Permittee. <br />7. No material used for fill or backfill in the construction ofthe 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')ofthe edge of the pavement or traveled way unless otherwise provided herein. Adequate provision shall be made for <br />the protection ofthe 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 ofthis permit,shall assume full responsibility for all liability for personal injury or damage to property <br />which may arise out ofthe work herein permitted or which may arise out ofthe failure of the part of the Permittee to properly perform theworkprovidedunderthispermit. In the event any claim of such liability is made against the County ofSan Joaquin or any department, <br />official or employee thereof,the Permittee shall defend,indemnify,and hold each ofthem harmless for such claim. <br />10. All backfill material is to be moistened as necessary and thoroughly compacted with mechanical means.Ifrequired by the County Director <br />ofPublic Works,such backfill shall consist ofgravel or crushed rock.The Permittee shall maintain the surface over structures placed <br />hereunder as may be necessary to insure the return ofthe roadway to a completely stable condition and until relieved of such responsibility <br />by the County Department ofPublic Works.Wherever a gravel,crushed rock or asphalt surface is removed or damaged in the course ofworkrelatedtothepermittedencroachment,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 ofplacing 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 ofthe 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 ofwork herein permitted. Prior to tlr-,start <br />of construction,survey monuments that potentially may be disturbed shall be 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 ofconstruction shall be reestablished <br />by a Licensed Land Surveyor and another Corner Record filed with the County Sli veyor.(Land Surveyors'Act Section 8771) <br />14. Prior to any excavation,the Permittee shall notify USA North(Underground Service Alert ofNorthern California and Nevada)at 811 or <br />800-227-2600 forty-eight(48)hours in advance. <br />x.\PERWTS COUNTER\general provisions\General Provisions 2013ADo