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ENCROACHMENT PERMIT GENERAL-PROVISIONS <br />13-1 <br />1. This permit is issued under and subject to al I laws and ordinances of agencies governing the encroachment herein permitted.See thefollowingreferences: <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 of and the satisfaction ofthe grantor. The Permittee shall at all times during the piog`essoftheworkkeeptheCountyHighwayinas-neat and clean condition as is possible and upon completion ofthe work authorized herein, <br />shall leave the County Highway in athoroughly 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 anypartoftheCountyHighwayandtoi=cdiately repair any damage to any portion ofthe highway,which occurs as a result of the <br />maintenance ofthe said encroachment structure,until such time as the Permittee may be relieved of the responsibility for such maintenancebytheCountyofSanJoaquin. <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 theCountyDepartmentofPublicWorks. <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 andatthesoleexpenseofthePermittee. <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 ofway. <br />8. All work shall be plarined 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 ofthe 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 of this 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 the <br />work provided under this permit. In the event any claim ofsuch liability is made against the County ofSan Joaquin or any department,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 DirectorofPublicWorks,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 responsibilitybytheCountyDepartmentofPublicWorks.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 Ieast 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 securedbythePermitteepriortostartingwork. <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 within the work herein permitted.Ifany are disturbed,the Permittee <br />is required to tie out each location and re-establish them after completion ofwork,using a licensed land surveyor.A comer record must be <br />filed in accordance with state law for any re-set monuments. <br />PAPERMITS COUNrERlgeneral provisions\GeneralProvisions N13.docz