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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 a condition as is possible and upon completion of the work granted herein,shall <br /> 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 of such maintenance <br /> of the encroachment structure 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 Director of Public Works or his representative. <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 so that there will be as little inconvenience as possible to the traveling public. No material shall <br /> be stacked within eight feet(8')of the edge of the pavement or traveled way unless otherwise provided herein. Adequate provision shall be <br /> made for the protection of the traveling public. Barricades shall be placed,with approved Signs and liolits at light,and flagmen shall be <br /> employed,all as may be 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 do the work provided <br /> for under this permit. In the event any claim of such liability is made against the County of San Joaquin or any department,official or <br /> employee thereof,the Permittee shall defend,indemnify,and hold them and 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 surfacing is cut or damaged in the NN*,ork of placing <br /> an encroachment structure,such material shall either be separately stored and replaced in the roadway as-nearly as possible in its original <br /> 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 commencement of <br /> operations of placing the encroachment structure. . <br /> 11. Whenever necessary to,secure permission from abutting property owners,such authority must be secured by the Pennittee prior to starting <br /> work. <br /> 12. The future safety and convenience of the traveling public shall be given every consideration in the location and type of construction. <br /> 13. The permittee is responsible for the preservation of survey monuments within the work herein permitted and,if any will be disturbed is <br /> 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 /> \\PWSRVFPOI\shares\DevServlces\DPubServ\PERMITS COUNTER\Provisions 09.docx <br />