HomeMy WebLinkAbout32020AGT. # 15-091
1 AGREEMENT FOR REPAIR OF COUNTY ROADS
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3 This Agreement is effective i\lq.-tc.h 10 , 2015 ("Effective Date") between the
4 CITY OF FRESNO, a municipal corporation in the State of California, ("City"), and the
5 COUNTY OF FRESNO, a political subdivision of the State of California, ("County").
6 Recitals
7 The City proposes to install pipelines along Jensen Avenue (Hayes-Cornelia),
8 Cornelia Avenue (Jensen -Belmont), Belmont Avenue (Cornelia -Hughes), and Blythe
9 Avenue (Belmont-Whitesbridge) known as the Southwest Quadrant Recycled Water
10 Distribution System Project ("Project"); and;
11 The City will repair or reconstruct roadways lying within the unincorporated area of the
12 County as part of the Project encroachment permit conditions.
13 The parties therefore agree as follows:
14 1. The City shall assume financial responsibility for all road repairs required as a
15 result of the installation or operation of the Project including, but not limited to, repairs to
16 roadway and pavement, drainage facilities, signing, stenciling, striping, and pedestrian
17 improvements. This obligation shall remain in effect until the Project pipeline is removed
18 by the City and the City receives a written release from the County.
19 2. The City agrees that the terms and conditions of this agreement are subject to
20 the encroachment permit to be issued by the County to· the City, and all affecting riders,
21 as may be issued to the City and its contractor, as provided in the award of contract by
22 the City's Council.
23 3. Further, as previously agreed to and understood by all parties signatory to the
24 encroachment permit issued by the County to the City and its contractor, the following
25 terms of repair by the City are as follows:
26 a. Road reconstruction performed as part of the restoration of Jensen, Cornelia,
27 Belmont, and Blythe Avenues for the Project shall be under warranty by the City.
28 Under that warranty, future blow-outs, sink holes, subsidence and the like, in the
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vicinity of the area disturbed by the Project will be restored by the City at no cost to
the County provided they are causally related to the installation or operation of the
Project.
b. Any traffic striping or pavement markings affected by any repair to the pavement
by the City shall be restored by the City at no cost to the County.
c. Requests for pavement repairs from the County staff shall be attended to by City
maintenance forces within 72 hours or less, upon forwarding by County staff via
phone or other electronic messaging or communication.
d. The City shall pay all costs incurred by the County in performing any emergency
repair measures necessitated by the City's Project that may have to be performed by
the County before restoration by the City.
e. All permanent pavement placed shall be HMA (hot mix asphalt). Cold mix
asphalt is allowed only as a temporary measure to make the road passable during
the reasonable time that it takes to make a permanent repair.
f. All other conditions in the encroachment permit issued to the City for the Project
shall be in effect under the terms of this Agreement. A form of the road
encroachment permit issued to the City by the County for the Project is attached as
Exhibit A.
4. The Director of the County Department of Public Works and Planning in
concurrence with the Director of the City Department of Public Utilities may modify, from
time-to-time and in a writing signed by both Directors, the road repairs covered by this
Agreement. The Director of the County Department of Public Works and Planning and
the Director of the City Department of Public Utilities shall mediate any disagreements
before the parties to this Agreement before pursuing any legal action.
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5. This Agreement may not be modified except in writing signed by both parties.
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1 6. The County shall indemnify, hold harmless and defend the City and each of its
2 officers, officials, employees, agents and volunteers from any and all Joss, liability, fines,
3 penalties, forfeitures, costs and damages (whether in contract, tort or strict liability,
4 including but not limited to personal injury, death at any time and property damage)
5 incurred by the City, the County or any other person, and from any and all claims,
6 demands and actions in Jaw or equity (including attorney's fees and litigation expenses),
7 arising from or related to the negligent or intentional acts or omissions of the County or
8 any of its officers, officials, employees, agents or volunteers in the performance of this
9 agreement. Nothing herein shall constitute a waiver by County of governmental
10 immunities including California Government Code Section 810 et seq.
11 The City shall indemnify, hold harmless and defend the County and each of its
12 officers, officials, employees, agents and volunteers from any and all loss, liability, fines,
13 penalties, forfeitures, costs and damages (whether in contract, tort or strict liability,
14 including by not limited to personal injury, death at any time and property damage)
15 incurred by the City, the County or any other person, and from any and all claims,
16 demands and actions in law or equity (including attorney's fees and litigation expenses),
17 arising from or related to the negligent or intentional acts or omissions of the City or any
18 of its officers, officials, employees, agents or volunteers in the performance of this
19 agreement. Nothing herein shall constitute a waiver by City of governmental immunities
20 including California Government Code Section 810 et seq.
21 If there is concurrent negligence by the County or any of its officers, officials,
22 employees, agents or volunteers, and the City or any of its officers, officials, employees,
23 agents or volunteers, the liability for any and all such claims, demands and actions in
24 law or equity for such losses, fines, penalties, forfeitures, costs and damages shall be
25 apportioned under the State of California's theory of comparative negligence.
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27 7.
This section 6 survives the termination or expiration of this agreement.
Both the County and the City represent that they maintain insurance policies or
28 self-insurance programs to fund their respective liabilities in an amount not less than
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1 that described in section 8, below, under "Insurance." Those respective programs or
2 policy coverage for Workers' Compensation shall contain a waiver of subrogation as to
3 the other party and each of its officers, officials, agent, employees and volunteers.
4 Each party shall provide proof of self-insurance, or any other certificates of insurance
5 that may be required if either party is not self-insured, including changing the policies
6 described above to name the other party as an additional insured, or other similar
7 documentation, as part of this agreement.
8 8. If the City contracts any part of its obligation for repair and reconstruction work
9 under this agreement, the City shall include the following indemnification, insurance and
10 third party beneficiary requirements in all contracts with each subcontractor:
11 "Indemnification. To the furthest extent allowed by law including California Civil
12 Code Section 2782, the Contractor shall indemnify, hold harmless, and defend the City
13 of Fresno, the County of Fresno, and each of their respective officers, officials,
14 employees, agents and volunteers from any and all loss, liability, fines, penalties,
15 forfeitures, costs and damages (whether in contract, tort or strict liability, including but
16 not limited to personal injury, death at any time and property damage) incurred by the
17 City of Fresno, the County of Fresno, the Contractor, or any other person, and from any
18 and all claims, demands and actions in law or equity (including attorney's fees and
19 litigation expenses), arising from or related to the negligent or intentional acts or
20 omissions of the Contractor or any of its officers, employees, or agents in the
21 performance of this Contract. The Contractor's obligations under the preceding
22 sentence shall apply regardless of whether the City of Fresno, the County of Fresno, or
23 any of their respective officers, officials, employees, agents or volunteers are passively
24 negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or
25 damages caused by the active or sole negligence, or willful misconduct, of the City of
26 Fresno, the County of Fresno, or any of their respective officers, officials, employees,
27 agents or volunteers.
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1 If the Contractor subcontracts all or any portion of the work to be performed
2 under this Contract, the Contractor shall require each subcontractor to indemnify, hold
3 harmless and defend the City of Fresno and each of its officers, officials, employees,
4 agents and volunteers in accordance with the terms of the preceding paragraph.
5 This section survives the termination or expiration of this Contract.
6 Insurance. During the term of this Contract, the Contractor shall pay for and
7 maintain in full force and effect all policies of insurance described below with an
8 insurance company(ies) either (i) admitted by the California Insurance Commissioner to
9 do business in the State of California and rated not less than "A-VII" in Best's Insurance
10 Rating Guide, or (ii) authorized by the City of Fresno' Risk Manager or his/her designee.
11 Insurance limits available to the City, its officers, officials, employees, agents and
12 volunteers as additional insureds, shall be the greater of the minimum limits specified
13 herein or the full limit of any insurance proceeds available to the named insured. The
14 following policies of insurance are required:
15 (i) COMMERCIAL GENERAL LIABILITY insurance, which shall be on the
16 most current version of Insurance Services Office (ISO) Commercial
17 General Liability Coverage Form CG 00 01 and include insurance for
18 "bodily injury," "property damage" and "personal and advertising injury"
19 with coverage for premises and operations (including the use of owned
20 and non-owned equipment), products and completed operations, and
21 contractual liability (including, without limitation, indemnity obligations
22 under the Contract) with limits of not less than the following:
23 $1,000,000 per occurrence for bodily injury and property damage
24 $1,000,000 per occurrence for personal and advertising injury
25 $2,000,000 per occurrence for products and completed operations
26 $2,000,000 aggregate for products and completed operations
27 $2,000,000 general aggregate applying separately to the work performed under the
28 Contract.
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(ii) COMMERICAL AUTOMOBILE LIABILITY insurance which shall be on the
most current version of Insurance Service Office (ISO) Business Auto
Coverage Form CA 00 01, and include coverage for all owned, hired, and
non-owned automobiles or other licensed vehicles (Code 1 -Any Auto)
with limits of not less than $1,000,000 per accident for bodily injury and
property damage.
(iii) WORKERS' COMPENSATION insurance as required under the California
Labor Code.
(iv) EMPLOYERS' LIABILITY insurance with minimum limits of $1,000,000
each accident, $1,000,000 disease policy limit and $1,000,000 disease
11 each employee.
12 The Contractor is responsible to pay any deductibles contained in any insurance
13 policies required under this Contract and the Contractor is also responsible to pay all
14 self-insured retentions.
15 The policies of insurance described above shall be endorsed to provide an
16 unrestricted 30-calendar-day written notice in favor of the City of Fresno of any policy
17 cancellation, change or reduction or coverage, except for the Worker's Compensation
18 policy which shall provide a 1 0-calendar-day written notice of any cancellation, change
19 or reduction of coverage. If any policies are due to expire during the term of this
20 Contract, the Contractor shall provide a new certificate and all applicable endorsements
21 evidencing renewal of that policy not less than 15 calendar days before the expiration
22 date of the expiring policy(ies). Upon issuance by the insurer, broker, or agent of a
23 notice of cancellation, change or reduction in coverage, Contractor shall file with the
24 City of Fresno a new certificate and all applicable endorsements for that policy(ies).
25 The General Liability and Automobile Liability Insurance policies shall be written
26 on an occurrence form and shall name the City of Fresno, the County of Fresno, and
27 their respective officers, officials, agents, employees and volunteers as additional
28 insureds. Those policy(ies) of insurance shall be endorsed so that the Contractor's
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1 insurance is primary and no contribution is required of the City of Fresno or the County
2 of Fresno. Any Workers' Compensation insurance policy shall contain a waiver of
3 subrogation as to the City of Fresno, the County of Fresno, and their respective officers,
4 officials, agents, employees and volunteers. The Contractor shall furnish the City of
5 Fresno with the certificate(s) and applicable endorsements for ALL required insurance
6 before the commencement of work by the Contractor. The Contractor shall furnish the
7 City with copies of the actual policies upon the request of the City of Fresno' Risk
8 Manager at any time during the term of this Contract or any extension, and this
9 requirement survives the termination or expiration of this Contract.
10 If at any time during the term of the Contract or any extension, the Contractor
11 fails to maintain the required insurance in full force and effect, all work under this
12 Contract shall be discontinued immediately, and all payments due or that become due
13 to Contractor shall be withheld until notice is received by the City of Fresno that the
14 required insurance has been restored to full force and effect and that the premiums for
15 that insurance have been paid for a period satisfactory to the City of Fresno. Any failure
16 to maintain the required insurance is sufficient cause for the City of Fresno's termination
17 of the Contract.
18 If the Contractor subcontracts all or any portion of the services to be performed
19 under this Contract, the Contractor shall require each subcontractor to provide
20 insurance protection in favor of the City of Fresno, the County of Fresno, and their
21 respective officers, officials, employees, agents and volunteers in accordance with the
22 terms of each of the preceding paragraphs, except that the subcontractors' certificates
23 and endorsements shall be on file with Contractor and the City of Fresno before the
24 commencement of any work by the subcontractor.
25 Third Party Beneficiary. The parties do intend for the City of Fresno to be a third
26 party beneficiary under this Contract and all rights, interest, and benefits of this Contract
27 accrue to the City of Fresno."
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1 9. The provisions of this agreement are severable. The invalidity or unenforceability
2 of any one provision in this agreement does not affect the other provisions.
3 1 0. Each party acknowledges that it has read and fully understands the content of
4 this Agreement. This Agreement represents the entire and integrated agreement
5 between the parties with respect to the subject matter covered by this agreement and
6 this agreement supersedes all prior negotiations, representations, agreements
7 (including, without limitation, any prior annexation and right-of-way maintenance
8 agreements to the extent they address responsibility for the normal maintenance of any
9 dual jurisdictional City-County roads), and communications, either written or oral.
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1 IN WITNESS WHEREOF, the parties have executed this Agreement on the date set
2 forth above.
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4 CITY OF FRESNO,
A Municipal Corporation
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6 By: __ ~q_____::+-+-=-=----
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9 ATTEST: Yvonne Spence
City Clerk
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11sy:~~
12 Deputy Date !J../~?j;;u;IL{
13 REVIEWED & RECOMMENDED
FOR APPROVAL:
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By: ~9/29'/t'f
16 SCOttMOZle: Date
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Director of Public Works
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19 APPROVED AS TO LEGAL FORM:
20 Douglas T. Sloan, City Attorney
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COUNTY OF FRESNO,
FOR PPROVAL
Chairperson
Board of Supervisor
ATTEST: Bernice Seidel
Clerk to the Board of Supervisors
By:fu~t~-
Deputy J
0 l \ D \ ,.;-
Date
REVIEWED & RECOMMENDED
FOR APPROVAL
By: ~~--V~-<-1---
Aian Weaver, Director Date
County Department of
Public Works and Planning
APPROVED AS TO LEGAL FORM:
Daniel C. Cederborg, County Counsel
By:(Lz-~~ ~-Date
APPROVED AS TO
ACCOUNTING FORM:
By: U&<r c C,=<~
Vicki Crow, CP~ Date
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Audit or -Controller/
Treasurer-Tax Collector
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EXHIBIT A
SOUTHWEST QUADRANT RECYCLED WATER DISTRIBUTION SYSTEM PROJECT
ALONG
JENSEN AVENUE FROM HAYES TO CORNELIA
CORNELIA AVENUE FROM JENSEN TO BELMONT
BELMONT AVENUE FROM CORNELIA TO HUGHES
AND
BLYTHE AVENUE FROM BELMONT TO WHITESBRIDGE
ROAD ENCROACHMENT PERMIT FOR THE CITY OF FRESNO
AS ISSUED BY
THE COUNTY OF FRESNO
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Department of Public Works and Planning. /O:o~
~aintenance&OperationsDivislon r§':,· (j'l;,~\ COUNTY OF FRESNO Permit No
2220 Tufars Strset, Sixth Floor 1 · • ~ For Inspection Service
Fresno,canfiomla 93721 io· APPLICATION FOR ROAD ENCROACHMENT PERMIT "" Telephone (559) 262-4107
. . ·· · · Facsimile (559) 262-4166
In compllan~ .IV•lh County of Fresno Ordmance Nos. 13.04.040, 13.08.010, 13.08.020 and Chapter 5.5 pr Division 2 of the Streets and fiighways Code, the undersigned
hereby apph!;!S for permission to excavate, construct and/orotherwise encroach on the County right-of-WilY by performing the' following woi'k. ' ' :-"' ' . ' ' ' ' ' '
LOCATIONOFPROPOSEDWORK: .. .. , . . . , .. ·., ... · ... · .... · ..
Jensen to Cornelia -Belmont and Blythe Avenues.
"Sol,l~hwest Recycled Wat~r Distriblltion" Proj~ct
DESCRIPTION OF PROPOSED WORK:·· . . . . . .
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Excavate within the pavement of the County of Fresnos right-of-way,
at the af3ove loc:;:~tion, to facilitate ~0,995 feet of trE!J1Ctting for~ recycled
water main within the pavement, 7 road bores and 6 inspection manholes.
This project wilt be charged for traffic control at $95.00 plus $25.00 · .
a day for ~ny ~ignag('J placed wi~hi11 tf1i:l cou11cy right~of~way. · · · · .·. :-.. ,.... ··: .. ·· .. ,.. . .. ·. :. . : ·. :, .. ,
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THIS APPLICATION IS YOUR PERMIT WHEN
STAMPED HERE AND SiGNED BELOW
PERMIT QUANTITIES & INSPECTON FEES. .
A L.F. Plowed Cable, pipe, etc.,
B. LF .. Trenches (off pavement)
c. 30995 L.F. Trenches (in pavement)
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D. 7 Bores, 6 Man Holes
Applicant's Name
Address
.>E!;timated
Starting Date
Estimated
Completion Date.
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"DIJM""Y PEij.MIT II
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City ·State ' . Zip
In consideration of the granting of this application, it is agreed that the applicant shall
indemnify the County of Fresno and any and all of its officers, e~ployees and agents
Signature (X) . a~d ~~all. d~.f.ehd ~~~d ~ol!;l th~M .~~nnl~ss frorij a~y ~!~Od ~u ~~.i,j,Ar)!~~ility for personal
__:: __ ..:..._::__ __ _:_ ____ _;_______________ . injUry or property damage due to any ;icfs Or failure,to tjCt in cOrlneCtipn with any WOrk
.·,>: Date
Home Phone Work Phone
permitted herein. Appncant further agrees to comply with an tenns, conditions and
specifications contained below and on the reverse side hereof. ·
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PERMIT APPROVAL
Permission is hereby granted to perform the above described work sub jed to all terms, conditions. and restrictions .contained below .and on the reverse side
hereof. This permit is to be strictly construed and no work other than that specified is authorized hereby. · · · · · .· .· .. · , ·
This permit is expressly conditioned upon performance of the work. Failure to so perform said work in accordance with County specifications shall be
deemed an immediate revocation of this permit and without notice. · · .· Frank Garcia ·.
Work shall be subject to County Inspection. Permittee shall notify County Inspector a minimum of 24
hours before starting work (Telephone 559/262-4107), · · · , .. .• . .. .
THIS PERMIT SHALL BE VOID UNLESS THE WORKHEREINCONTEMPLATED SHALL HAVE BEEN COMPLETED BEFORE--"-----
To commence or complete work after said date requires approved application for permit renewal or time extension. Grantor reserves the right to complete
the work to restore,the right-of~way as providec;l in Section 10 on the reverse side hereof. · · · ·
Traffic control shall be done in accordance with the "Accepted" traffic control
plan, the latest edition of the California Manual on Unifonn Traffic Control
Devices and the provisions noted on the front and reverse sides of this permit.
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Account No.
Work Code
Work Code 18/9 23914/
Alim Weaver, Director
Department of ~ublic arks d. Plannig.
Mtce Area 04 By -,---,.,.-~~~======~~-:-<~:_::~~A~ Date __ 0_8_1_29_1_14 __ _
Perm.it Fee . $25,539.00 . · .. ·
e'§~;t~'lf!~~g~lfir9f~.;~f1t:~~!~l!fv .. ._I -,-,-,.,""'"""~~rn----~
-FOR OFFICE USE ONLY
F-83 (04102}
CANARY-Permittee Copy PINK -Accoun!lng Copy GOLDENROD -Area Supervisor Copy
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Oellnltl~~: 'rhl~·perm'ills '!su~dp~d~i.~~p.11on ·1~.~4,o~p. x~,~;-~~OR~~ ;;~~~b~~.bithe 99Jnty'c)~cilna~c~ 664~: ~nd Ch~jlie~~:~ ofArt!cle 2 cii the Striieis'#ii<i ... ' •..
Hlg~ays Code. The .lerm Encroachment Is used In this PfliT!lll as defined In said provisions; The term "Encroachment" is Used i(llhls )ieffi1it.'as defined hi said :. . .
provisions.. The tenn Grantor" shall mean the Director of Public Works and Planning uf the County of Fresno. (Wh~!} t~J~ Jil!l'!TIIt.J.s.l¢~1Je~ for)l:ic).rk toi:J~. pei'j'<)Jii:i~iP\ ):. '
Special Dlslrlcts, County Ordinance Code, Section 10.35 shall apply.) · . . ·' .. ,., .... ·· • ··· , .. ···•············ ···· · ....•. ,.,,. •·•
No Precedent Established: This penni! Is granted with the understanding that no precedent shall be es'iablishedilii thifqiies!lon of peiJiiiHing any certain kind or :; 0 , ., •.. ,
Encroachment Within County rights-of-way. . ·
Specifications and Regulations: All conslructlon shall conlorm to established specifications and regulations of the County of Fresno. This permit does not constiiUie
approval of any vlolallons of ordinances or regulations. Unless specified olherwise, construction shall conform to.i!ppllcablo ~quirements oi Fresno Couoty, .J.<>i ::.•: : : ···
Improvement Standards dated October 1966 as required. . . . . . •· .• ;.,,:;;,,·::·••:··•·:•.::;:':,,::,::::·••.\::,>:<:·.:.:: ,·o.:>:.{::.' •. :'•.,:.:.:::·,.:·· .. ::: .. :.o: •. ' .. ,.:.:c:..c:,;c·: · '··: ...... ..
~~!~Is Permit On The Work: This permit shall be kept atl!)e sil~ oft he \'19rk,and ~p.on r~qu~st b~ s~n.iP anyrepr~sent~tlve o{~('.'ntoror 11ny L!!>vE11IflrJ:,e01el)l,>·
Perm!~ From Other Agencies: This permit covers onJY.uio~~ p&iroii~ br it1'ew'ti'ifJ~h~t~il\¥iitiihlhlib6&ri~%~~·a~j,(;:i;f;Wi~:-P~rmllie~sri\in;'W!i~tieV'~rfe'~uiieclby .
Jaw, secure a written order or consent to the doing altha work from the CaJif()!TIIa J?ublicUIIJi!les Cllm!Tiisslon:· ~r !lOY other public board having jurisdiction and this permit.:
shallnotbevalldoreffecllveuntilsuchorderorconsentlsobtalned .. , , · ·: · '','.' '·.-. ·:·· ··-···. ,.. ·' ' · · · ,., ,. ·· '" · · ·· ' .,..,. · .,. , ..... _.,.
Protection or Trame: Protection and control of the traveling pulili~ sil~n be in accord~ndi/\Nithihe ieqOirements 'S'~i forth'in the 'curi'eill is~ue ofuie ·Manliei 'tln Uilffcirlri' 't
Traffic Control Devices (MUTCD) With California Supplement approved by the F.e(jer~l J:jlgh'.'(ay Admlnil1tiallon and t~e.Calif()mil! DepartmEmi of Transpariauciii,~. Unless. ,
· otherwise. noted on permit. the work shall be carried out in such a manner that i)'iitiic traffic is'not otistruC!ect: Xi!equafe \varii'inifcievices siiali'tie installed ani!"'' • · .
· ·. ::,: ·. · : c:,. ~~ln,!!!Iryed bY,P.erm«!e.eiJ!1UI.$lfTIJ?Ietion .of work. Permittee agrees to reimburse Grantor for any costs that may be lncurr3ed by Grantor for correcting Inadequate
.. ,s!gl)ln.g (lhl~,is nopn.leJ]~e,dJp[~ll.evePennittee of his/her responsibility to provide adequate warning devices.)
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· Clean Up Rlght-01-Way:Upon completion of the work all lumber, scraps, and other surplus maler!al shall be entirely removed and the right-or-way left in a clean
condition satisfatto,Y'to Giantor. All excavations shill! be properly backfilled and leflln·a sale condition, c_Jean 'up shall Include any necessary sweeping or cleaning or
roadway surfaces to remove earth and debris deposited by spillage or tracking from w()rk area.; .,., .,. ;.,,.; ... :, , ...•. ,;··':, ;,.,,... , .. , .... ,;,,, ,:,, .•••. , .• ... ,,,.,. ,,,, ,, .. ,,,.,,,.. .... "' .. , , .. ,· •. ·'· , .. ,,.,,. '' ·,,,,:,,.:.1.,, .....
Public Safety: Excavations wilhhi the rJl}h( of .way shalf cciiriply With alt'appllcable ponioiis' Pi'Cai/OSJ:IA+e~iiiieme'rll~:aJjd.Galifomi3':coii~-9fRegulallori nile 8 'se'i:i!on
1540 and following. Open trenches or plts'shilll_not•b~ lillowe·d overnight -and shall be protecte.dtpll)·!fle~pubii~)·I!J' pl!!~rTi~iJ( ~~ sl~~~ "'~nth plating to cover the opening
or with Type K temporary railing to·malntalri separation fromthe p~blic; No plywood covering oropen.areas ls'allowedwhere:deepecthan 12". · ·· · · ····· · ·
Supervision Of Grantor: Ali work to be done shall be siibjeC(to Inspection of and sallsractlon of the ,G[!if!tor •. \'yhen.requestect,by Grantor, Permittee shall Immediately
provide test reports or other certification specified by Granier verifying CC!mpliance wllh the quality and peiroiiriarice iequlreirien'ts of ilie permit.. Prior to commencing ..... .
work, Permlllee shall give 24 hours notice to Granier, or the person speCified on lhe,r,~vis!'~ site hereof, prior to starting work, resuming ,):'lork aft.er moving offJQ.ejob .. and
prior to paving. (Failure to nollfy the County as stated shall immedlalely ternilna!l:ithls peimll). ,:,; ~. · : ''"' :; ei': ::>-:(:.: •·:''' : · •. · ...... '•\';!:•<· :, .
:· ' I.Jablllty. Fe>r DaJ1l~ges:: P~rmilfee shall indemnity tho Counly of Fresno and any of its officers, employees, servants and agel)ts and shall defend and hold them
·'iiarinies's'irorii any'aiichill claim or liability for personal injury or property damage duiit() iu1y eels or failure to act in cohiiectlon with t&e p~iform~nce or the work (
performed herein. It will be the responsibility of the Perm_i_ttee to ~ete~lne t~e _loca~io_n of any existJ~g u~_dergro_u~d .r~cil_lt~e~ wfthfn the work area and to arrange fo_r any· · · necessary relocalions. · .... ,." ..... ;· .:.: ... · .. · .. · · · · · · .... · · .. .. · · · · · · .. .. · · .. · ... ~ ..
Making Repairs: Permittee shall promptly repair any aiul'illl 'damage to right-of-way surfaces end roadway facllllies Including any Injury to any·portlon of the right-or-way
which would not have occurred had the permit worlt not been dooe orjhe eocroachmeniJ:llaced therein, unless Grantor gives notice or Its election to make such repairs '··
itself. If Grantor gives such notice Permittee shalllmmecflaieiy purchase and have delivered at the sHe materials speCified by Grantor,. All payments for labor~ equipment
and other charges by Grantor, for an account of such works shall be made by Permlllee within ten (10) days from the dale ol any bill, written order, or voucher senl by or
approved by Grantor. Grantor may require a deposit In an amount sufficient to coverthe estimated co~t before starti119 such repairs. . . . . ··
Maintenance, Repair And Relocation: Perniiltee shall properly maintalf1 and repair anyencioaChmerit authoriZed hereln;uiiless iiuch malnleriaoce arid repair by
Permittee is exempted by Jaw, and shall exercise reasonable care In InspeCting for and Immediately repairlng.any Injury to the highway which occurs as a result ollhe
· · existence or said encroachment or as the result of any work done, hereunder. If at any fulure.,i;!ate If Is necessary, 'because ,of road relocation or changes in grade, to
; . /.• ' •·• , • •· .. reloc3te·thlsfacllity,'ihe ciwner,·~is ass,ign.s; heir~ .. and success[)rs, hereby,agrees lo relocate. the facmty upon notice by.the Grantor at no expense to the County, unless
:, .,,pt~-~JY11~~.Pr5J.V.!d~d~y. Ia~~· ,,,,..,.,...,,.., .. , .. ,. ,,,.;.,,, ,,.,..,.,,.; .• ::;. \:. •. •,,,,:,.,.,.,, ,..,,:,;,.~;·•.:,, .. ,:,,,...,·
.· .~r_ose.cuU<;>n:Of :The Work: Perinll(ee shall dilig~oUy pe~Of1111lie.work \Vilh the minimum Interference to public traffic and adjacent properties. Access to adjacent:: ., , . . ' '' p;i)pei11~fsha)i .w IT)~l~t1:1ined i!J'~JijiliJ~s'ubiess~pth~i:\\4~e J>~ri:n'iifea by property owners. Unreasonable delays In completing the work may be cause .for. penni( .•. '
· ' " ':' · · 'revocation and foifeiiure 'c)f future 'perniit'prlvlieges: •· Gri!uitOi reseives lfie right to require a performance bond of amount warranted by the nature of the work, prior to or
,,,,, ...... , ·····duiinif'i>eifoirriariee·onhe'Viork·:" << .......... . .._.......... . ... , .. ,, ... , ...... , ... ,,:
14. Care of Diainagei:'Established.drainage ·Js,not to be .altered unless ·specifically authorized. ·.·'c:. .,., '" · · 15. . . . Submit Location PlaA Permillee shall furnish' record diawirigs sho\~iriglcicallori and delilils or facilities installed b)'thls perniit unless exampled by Grantor ln writing.
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·... ..... :·· ·.~ .:• ··:. ·:'".'.' .i. · .. ,,. '::: ., ;: '·" ~ .... ,,. ' ·· .... ····J>iJ>Eis.coNDl11T$.'E+c,_· .
. . · ... : .c~~ssi!JQ ~o~~'!Yay:. ~f;lryi~~ an.i;!, o1~.er ,dlaC!let~~plpe~ .~~II be jask,~(l C)~ qi!J~rwls~.f9fced l!l)d~rneiJth pavernef11.wilt,Jo.l!l distur~ipg lhl:l •. ~~~r:'~t:e ther£lol,. f',ayernert,?r ... ·
. roadv/a)ishalt ncii be cut or oljleiWis'e disturbed ·unless specifically peril)ltted on the reverse s.Jde hereof,. Seivice pipes are not peirilitted inside of culve.rt structures .lis~d .
as drainage facilities, ''' ·,•'•···'· "·':' <·>>< .,. · ·'. ''•· · .. -.-:· . .', :.,,. ·'· '···'·''! .. ,> •:·:.:• .. ;.:·".•':·.: ,,,.,,., •;:::::;::.•:·,oc:·:· • ,..,. .,,, ·, ·.·.·:;:. :, ·., '': .,.,, ......
D.~Pll) ()l.~ip!'s:. There.shall.be llffiif1imum pi three (3) feet.of cov.er rn<cas~red from Jinished grad1!,overaU pipe~, cpn,duils anc! ~abies UDJ~ss !!Uthorlzed,by Graf!lqr iry.; ·' .··.·
wnllng. . ..... :.. .. -.•. , ................ ,., ...... , ..... , ..... • .. : .. ,, ....... ,., ....... ,., ·.· .. , .. , ..•. , .. , ·•' ·.·· ·.
Backfilling: That the trench·shal,lbe filled as soon as possible and provide compaclion as follows: (A} Under all surfaced roads and driveways, and In the area lying
:wltlJir:t five (5) feet ))ey()~d \he edg~ of surtacing, all of.tt1e s.e~ti9n ()f. trench Which 'ii~s two' (2) }~~~ beloW the road SUrface shall be compacted to 95% tel.ative compaction
(Calif. Test Method No. 216). (B) In those portions or the County right-of-way not includedjri·paregraph (A) above,.t~"trench shaiJI:Je ,compacted jo ~P%rel~liye .. ,.,. , : .··.· ·' , ,
compaction (G'!,iit;r~sj.M~Ihr:>~ No, ;211j) orto, the ~~nsily,equal!o.IIJe_r)aliv~ ~o\1 d~~s,Jty;:\y~lche\ler}s great~r:: ·, .·. :, , ' :. :.: •. ~.~ .• 0' . :. , · .· .... ·: .. ·· · ' '·.:·.····· :·.· · ·.·.·. · .. '
Pavement Resurlai:lng: Pavement on traffii: !aries shall be nipaired on the same day:excavallon ls'inade unless olherV.oise peiinitted by the'Giantor. Temporaiy '
· ·,.asphalt surfacing material four inr.hes In thickness maybe used If provided.· Permittee malntall)~ sarM.Untll. final .repalr,ls . .mac!e. 'Final repair.sl)aiii:Je completed wllhln 10
daysunlessextendedbytheGrantor. ,.,.,., .. ,. •.. , ,. ...• , ... ,· ... , ••· .. : ... ·.,.· .. , .. ., •. , .• :: .... ,.. .. ,,.;. , ... ·.·.', ...... , ........ ,.:,., .. · .. :., , , .......... ,·. ·""
Maintain Surlace: Permitlee shalt maintain the surface over any arid all structures placed hereunder for one year after acceptance by Grantodind any subsequent .
repair. ·
Pipes Along Roadway: Pipes and ulifilies paralleling the paveme(lt shall be located at such depth from the pavement as specifically directed by Item 16 above. Culling
of lree roots is not permilled.
Permission From Property Owner: Permittee shall ~'eciir~ '~rilleri perrilissi~n lroni abutllrig property owners to enlerand use thelr'prdpeity; .. ·. V •;;
BASE AND PAVEMENT REPAIRS, ETCO
23. Grades And Specifications. Base and pavement repairs and miscellaneouspa¥ing work snail be)n accordance With the curr.eot specifications of ihe Fresno Counly ·. Department of Public Works and Planning.· ' .. · · ... · · .. .. · .. · · · .. .. · .. .. · · · .. · " · .... · ·
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CONCRETE CURBS, GUTIERS, SIDEWALKS AND APPROACHES
Concrete: Portland cement concrete curbs, gutters, sidewalks and approaches shall be Class A concrete containing six sacks of cement per cubic yard of concrete.
Standards: All concrete work shall conform to Fresno County Improvement Standards. Modifications or cha~ges shall not be made except as noted In this permil.
Curing: All exposed concrete. s~r{a9E!S.shall~e.l:IJ~e~y.:it!l a clear curing compound equal to Hunt's Process. ·'' .-.,., .:>';·· ... (
Connection To Street: A two-Inch (2) thickness (compacted) of plant-mixed asphalt surfacing shall be placed between the driveway approach apr[)n and the existing
street surfacing, . ,• . ·· ... , .. . . . . . . . . . . . . . . • · '···· ,,.,.. .. .. ::. , .. ,
Finish Grading: Ali necessary backfilling, excavating and gradlrig between curb line and property line is considered Pilrt .of. the work al)cl.shall.be compleltod by
PermiHee. . '••• n:'·< :·,· ·'•'>'·"'' ·-· ... ·:. ·' ' · · .... .. ·.)c:.
··,\.>.;Thickness;, A minimum thickness of two (2) inches (compacted of plant-mixed suifacing shall be. P!aced over subgrade compacted to 9.5,'*1 relaliye .C:O.ITIPacllon.
· ··Drainage: The surfacing shall be placed. I() .Sl!Ch grad!!. !M!Jhe.exlstl[!g df!iinage pattern Is not obstruCted. Unless specifically noted qri this perinil, the paved gulter
elevallon shall be a minimum of three (3) JriChes beloW theexlsilng edge of pavement elevation. · · · .. :~ ·, ;. · .. · ,:;,:, .• : •. .. . . , , , •.•...
Compliance With Approach Width Standards: The granting of permission to perform frontage paving Is not intended to ali9Wdrlveway'iipproach widths to exceed
: standard maxlmum Widlhs. I~ cases where the length of the frontage paving exceeds the allow~~~~.ap~fO<U;h ~~!Jls,tne approa~}P.~::Bt.ion{s), fnaJJ,~e,denl]e~.by · ' ' " ·
ins.I!!Uallon ,or six, (6) h'lch barners of other sull.able 11)~ans approv~(j by ~raJ1Ior, ...•. , .. , ·• ' •,: ··:· : ~ ."' . '·:: • · · ''•·' ''·' "·', ·· •.,·. ·' ·'' .·· '· • ·":•:;·;·;•' ,.
Nl\m; li:AL
Permit No Dummy
A fog seal shall be placed on all roads (entire width) within the limits of construction. The County Inspector assigned to the project will
determine the rate of application.
1. Reflectorized retractable delineators shall be placed by each well site. Delineators shall be maintained by permittee.
2. Appurtenances used for the well must not extend above ground elevation.
3. Fresno County reserves the right to cancel this permit at any time. Permittee agrees to remove or abandon the wells by a method
approved by Fresno County. Permittee will not be compensated for any facilities placed within the limits of the road right-of-way.
Note
This permit does not authorize the installation of any facilities within the limits of any State Highway, incorporated city, railway or
aqueduct.
DRIVEWAYS (RMS)
Prepare trench edges in a straight alignment. Restore area with (4") inches RMS over compacted material. Entire approach or frontage
area within the limits of the road right-of-way shall receive a fog-seal. County Inspector assigned to project shall determine rate of
application.
CONCRETE IMPROVEMENTS
1. No curb/gutter, approaches, valley gutters, or sidewalks shall be disturbed as a result of construction authorized under this permit.
2. VaHey gutters disturbed shall be removed and replaced between construction joints at extreme ends of apron. Steel bars must be
replaced and attached to existing bars in gutter area of returns.
3. Approaches that. are damaged during construction shall be removed and replaced between construction joints.
4. Residential sidewalk that is damaged shall be repaired by saw-cutting at the nearest score line beyond the disturbed area and
replacing the entire width of the walk.
IRRIGATION PIPES
Any irrigation pipes disturbed, within the County rights-of-way,during construction shall be replaced with R.C.P.-RG, Class Ill. Fresno
County shall determine the limits of replacement.
DUST PALLIATIVE
Areas treated with a dust palliative shall meet or exceed pre-construction condition. County Inspector assigned to project shall
determine limits of areas to be retreated.
TRAFFIC REQUIREMENTS
1. No road closures or detours are authorized under this permit. Such action must be approved by the County Permit Engineer and
authorized under a Rider to this permit
2. Construction area must be signed in accordance with the current State of California Manual of Traffic Control. Signs in place during
hours of darkness shall be reflectorized for night time visibility in accordance with the above manual.
3. Permittee shalf provide acceptable access at all times to properties along the construction route.
4. Permittee shall notify property owners along the route of construction that access to their properties may be closed to vehicular traffic.
Said Permittee shall mitigate any problems resulting from closed access with the respective property owners.
COMPACTION TEST REQUIREMENTS
1. Permittee shalf furnish Fresno County with compaction test resuHs for structural backfill material in trenches. The County Inspector
assigned to the project shall designate the number and location of tests.
2. Compaction tests shall meet the requirements of Item No. 17, on the reverse side of the permit form, under Pipes, Conduits, etc.
ROAD CROSSINGS
Permit No Dummy
All road crossings shall be bored. Conduit/cable shall have a minimum cover of (36) inches. Bore and receiving pits shalfbe situated a
minlinum distance of (5) feet from the edge of the road pavement.
Exceptions (roads that may be open-cut):
TRENCH RESTORATION
1. Requirements for trench restoration are as follows: Permanent trench resurfacing shall consist of placing 7" HMA PG -64-10 over
compacted backfill material. Existing pavement shall be saw-cut beyond the limits of excavation, in a straight angnment, prior to trench
restoration.
2. If greater tlian 50% of the road pavement width is disturbed, the entire road will be reconstructed to the above specified structural
section. Fresno County will determine the limits of restoration.
3. If the width of road pavement between the edge of the area to be resurfaced and the edge of the road or lip gutter is less than (2)
feet, that pavement shall be removed and restored with the trench surfacing.
DUST CONTROL
Dust control must be in conformance with Section 10 of the current State of California Department of Transportation Standard
Specifications.
LANDSCAPING
Landscaping disturbed as a result of construction authorized under this permit shall be adequately restored or replaced. Mature trees
and shrubs shall not be removed without the written consent of the adjacent property owner. Permittee shall provide Fresno County
with a copy of the written consent.
DRIVEWAYS (A.C.) -OPTIONS
1. Driveways may be bored under.
OR
2. Driveways may be open cut and shall be restored as follows: Permanent trench resurfacing shall be restored by saw-cutting
pavement at trench edges in a straight alignment and placing (2") of compacted A. C., or equal to existing, whichever is greater. The
entire approach area between the edge of road and property line shall receive a (1'~ A. C. overlay.
GRAVEL DRIVEWAYS OR FRONTAGES
Areas contaminated with dirt as a result of construction shall be removed and restored with gravel.
Access
It is the responsibility of the Permittee to provide access to adjacent property owners during construction authorized under this permit.
MAINTENANCE, REPAIR AND RELOCATION
Permittee shall properly maintain and repair any encroachment authorized herein, unless such maintenance and repair by Permittee is
exempted by law and shall exercise reasonable care in inspecting for and immediately repairing any injury to the highway which occurs
as a result of the existance of said encroachment or as the result of any work done hereunder. If at any future date it is necessary
because of road relocation or change in grade to relocate this facility, the owner, his assigns, heirs and successors, hereby agrees to
relocate the facility upon notice by the Grantor at no expense to the County, unless otherwise provided by law.
LIABILITY FOR DAMAGES
Permittee shall indemnify the County of Fresno and any of its officers,employees, servants, and agents and shall defend and hold them
harmless from any and all liability for personal injury or property damage due to any acts in connection with the performance of the work
permitted herein. It will be the responsibility of the Permittee to determine the lo"Cation of any existing underground facilities within the
work area and to arrange for any necessary relocations.
POSTS
Pennit No Dummy
Any posts place<i within the limits of the road right-of-way must be retractable and reflective.
APPURTENANCES
This permit does not authorize the construction of any facilities above ground elevation within the limits of the road right-of-way.
Improvements of this nature must be submitted to this office in the form of a diagram and approved under a Rider to the permit.
BRIDGES
Cable/conduit mounted to structures must be placed on the field/stream side of structure, not on the road side.