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ENCROACHMENT PERMIT GENERAL PROVISIONS
<br /> 13-1
<br /> 1. This permit is issued under and subject to al l laws and ordinances of agencies 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 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 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 /> 5. 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 /> 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 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 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 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 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 /> construction utilized.
<br /> 13. The Permittee is responsible for the preservation of survey monuments within the work herein permitted.If any are disturbed,the Permittee
<br /> is required to tie out each location and re-establish them after completion of work,using a licensed land surveyor.A corner record must be
<br /> filed in accordance with state law for any re-set monuments.
<br /> PAPERNM COUNTER\general provisions\General Provisions 2013.docx
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