Permits & Development - Encroachment(EP)/Driveway(DW) Permits - 1995_EP-95-401-95-450_ - EP-95-411

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GENERAL PROVISIONS 1. This permit is issued under and subject to all laws and ordinances of agencies governing the encroachment herein permitted. See the following referencess STREETS AND HIGHWAYS CODE 1. Division 1, Chapter 3 2. Division 2, Chapter 2, Section 942 3• Division 2, Chapter 4, Section 1126 4. Division 2, Chapter 6 SAN JOAQUIN COUNTY ORDINANCES NMER.ED: 324, 441, 648, 662, 672, 695, 700, 860 and 892. 2. It is understood and agreed by the Permittee that the doing of any work under this permit shall constitute an acceptance of all the provisions contained herein and failure on the per- mittee's part to comply with any provision will be cause for revocation of this permit. Except as otherwise provided for public agencies and franchise holders, this permit is revocable on five days' notice. 3. All work shall be done subject to the supervision of and to the satisfaction of the grantor. The Permittee shall at all times during the progress 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 leave the County Highway in a thoroughly neat, clean and usable condition. 4. The Permittee agrees by the acceptance of this permit to properly maintain any encroach- ment structure placed by the Permittee on any part of the County Highway and to immediately re- pair any injury to any portion of the highway, which occurs as a result of the maintenance of the said encroachment structure, until such time as the Permittee may be relieved of the respon- sibility of such maintenance of the encroachment structure by the County Department of Public Works. 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 County Director of Public Works or his repre- sentative. 6. It is further agreed by the Permittee that whenever construction, reconstruction or main- tenance work upon the highway may require, the installation provided for herein shall, upon request of the County Department of Public Works, be immediately moved by and at the sole expense of the Permittee. 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 way. 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 be stacked within eight feet (81) of the edge of the pavement or traveled way unless otherwise provided herein. Adequate provision shall be made for the protection of the traveling public. Barricades shall be placed, with approved signs and lights at night, and flagmen shall be employed, all as may be required by the particu- lar work in progress. 9. The Permittee, by the acceptance of this permit, shall assume full responsibility for all liability for personal injury or damage to property which may arise out of the work herein per- mitted or which may arise out of the failure of the part of the Permittee to do the work pro- vided 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 employee thereof, the Permittee shall defend, indemnify, and hold them and each of them harmless for such claim. 10. All backfill material is to be moistened as necessary and thoroughly compacted with mechanical means. If required by the County Director of Public Works, such backfill shall consist of gravel or crushed rock. The Permittee shall maintain the surface over structures placed hereunder as may be necessary to insure the return of the roadway to a completely stable condition and until relieved of such responsibility by the County Department of Public Works. Wherever a gravel, crushed rock or asphalt surfacing is cut or damaged in the work of placing an encroachment structure, such material shall either be separately stored and replaced in the roadway as nearly as 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 commencement of operations of placing the encroachment structure. 11. Whenever necessary to secure permission from abutting property owners, such abuthority must be secured by the Permittee prior to starting work. 12. The future safety and convenience of the traveling public shall be given every considera- tion in the location and type of construction.