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ENCROACHMENT PER1\{[T GENERAL PROVISIONS <br />13-1. <br />1.This permit is issued under and subject to all laws and ordiuances of agencies-gGveming the encroachment herem permitted..See the <br />following references: <br />STREETS AND HIGHWAYS CODE <br />L Division I,Chapter 3 <br />2.Division 2,Chapter 2,Secuon942 <br />3.Division 2,Chapter 4,SecTIon 1126 <br />4.Division 2,Chapter 5.5 and Chapter 6 <br />SAN JOAQUlll COUNTY ORDWANCES NUMBERED:324,441,.0'8,662,672,695,700,860,892,333"9,and 3675. <br />2.it is understood and agreed by the Perm.i~cee that the performance of any work urrder this permit'shall constitute all acceptance of;ill the <br />provisions contained herem rnd failure on the Permittee's partto comply with my pro~.J..Sionwill be cause ror revocation of this permit <br />Except as otherwise provided for public agencies and franchise holders,this peIIDit is revocable on five days ilotice. <br />3.All work shall be done subject to the supenrision of and the satisfaction ofllie grantor.Jbe Penni.ttee shall at all tlines dUt.--ID.gtheprogress. <br />of the work keep the County Highway ill as neat and c:1ean condition aB is possible and upon completion of me-work authorize-a herein, <br />shall leave the County Hlghway in a thoroughly neat,clean and usable COil?itiOD... <br />4.The Permittee"a1soagrees by the acceptance OfthLs permit to properly maiutaill any EilCToachment structure-placed by the Permntee on 2....'1Y <br />pa..-t oillie County B:\Khway and to immediately repair any damage to any portion of the highway>'which occurs as a result of the <br />mainte:o.auce Dillie said encroachment structure,until such time as the Permittee may be relieved of the responsibility for such maintenance <br />by the County of Sau Joaquin. <br />5.The Permittee also agrees by the acceptance oftbis pe:anit to make,.at its o"Wn expense,such repait-s as :lImy-be deemed necessary by the <br />County Department ofPuhlic Works. <br />.. <br />6.It is further agreed by the Permit-tee that "\\'henever construction.,reconstruction.or maintemmc~work:upon the highway is nece-SSb)',the <br />installation provided for herein shall,upon request of the County DepEJ.WeIlt of Public Works,be immediately moved or removed by and <br />at the sole expense Dfthe PeIIllittee. <br />7.No material used for £ill or backfill in the COilstruction of the encroa.chment shall be borrowed or taken from v,ithin the County right of <br />Vi'B.y. <br />8.All work shall be planned and ca..TIiedaut with as little inco~venience aB 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 />t.he protection of the traveling public.Traffic cOll.trol standards shall be utilized including barricades;app:roved 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 aJJ liability for personcl injUt)'or damage to property <br />which may arise out of the work herein permitted or which may arise out of the failure of the p8.It of me 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 defen~iDdemuiiY,and hold each of them hat-mless for such claim.. <br />'10.All baclc5Jl material is to be moistened as necessary and thoroughly compacted vrith mechaillcal means.Ifrequired by the County Director <br />of Public Works,such backfill shall consist of gravel or crushed rock.The PchDittee shall maintain the surface over structures placed <br />hereunder as may be necessary to insure the return of the roadway to a completely s'"L.3.blecondition and until relieved of such responsibility <br />by the County Department of Public Works.Vilherever a gravel,crushed rock or asphalt surface is rem.oved or damB:.gedin the course of <br />work related to the permitted encroachment,such materia!shall either be separately stored and replaced in me roadway as nearly as <br />possible in its original state or shill be replaced in kind,.and the roadway shall be left in 2f least as good a condition.as it was before the <br />comme:o.ceme:o.t of operations of placing the encroachment mucture. <br />11."Whenever it becomes necessa..ry to secure permission.from abutting property ovmers 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 tniveling public shall be given every consideration in the location and methods of <br />consTruction utilized. <br />13.The Permittee is responsible for the preservan.on of survey monuments located within the z..reaof work herein permitted.Prior to the s'"t.IDt <br />of construction,survey monmncnts that potentially may be disturbed sh311be located and referenced by a Licensed Land Su......,,;eyor,and a <br />Comer Record filed with the County Sili---veyoLAny Survey MODument>disturbed during the course of construCTIon shall be reesublished <br />by a Licensed Lwd Surveyor and another Corner Record filed VYiththe County Surveyor.(Land Sm-veyors'Act Section 8771) <br />14.Prior to any excavation,the Permittee shall notify USA North (Underground Service Alert oiNar-them California and Nevada)at 811 or <br />800-227-2600 forty-eight (48)hours in advance. <br />X;\PEKMITS COUNTER\gCIJen.l pravisiD!lS\Gen=J l'lomons-20l3.do""